Law

 
 
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    Overlawyered

  • More thoughts on the Westover Winery case

    Walter Olson
    21 Sep 2014 | 9:15 pm
    …and the right to volunteer one’s labor (earlier), from frequent Overlawyered commenter Gitarcarver at his blog [Raised on Hoecakes]: Volunteers serve in National Parks around the country without ever being paid for their labor. Why does the government encourage people to labor without pay for some activities and not others? … We think that volunteering is noble, rewarding and educational independent of whether the cause is “for profit” or not. Our issue is not with volunteering. The issue is what right does the government have in saying where a free citizen of this…
  • Banking and finance roundup

    Walter Olson
    20 Sep 2014 | 9:05 pm
    SEC regs suppress small business capital formation and that’s a shame [Commissioner Daniel Gallagher via Bainbridge] Federally sponsored gripe site for financial institutions not likely to end well [Hester Peirce and Vera Soliman, Mercatus via Kevin Funnell] Alleged terror payments “routed through” sued bank also went through major New York banks, which shouldn’t be surprising [Fisher] Did mid-level managers in securitized mortgage finance know they were in a housing bubble but cynically go ahead? Evidence against [Cheng et al., American Economic Review via MR]…
  • Ecuador-Chevron: Where’s Preet Bharara?

    Walter Olson
    20 Sep 2014 | 9:58 am
    Roger Parloff at Fortune reviews the two new Chevron-Ecuador books by Paul Barrett and Michael Goldhaber (earlier here, etc.), and also asks where ubiquitous S.D.N.Y. federal prosecutor Preet Bharara is in a case where he might appropriately take an interest. Meanwhile, Paul Barrett recounts being on the receiving end of a P.R. campaign to tear down his book, and an excerpt from his book recounts the fall of celebrated law firm Patton Boggs after it was tripped up in the dispute; and actress Mia Farrow reveals at least one way in which she might be thought to resemble former education…
  • CBC warns Canadians against American forfeiture

    Walter Olson
    20 Sep 2014 | 6:45 am
    Canadians should be careful of carrying large sums of currency on their trips south of the border, warns the CBC’s senior Washington correspondent, Neil MacDonald, since “U.S. police are operating a co-ordinated scheme to seize as much of the public’s cash as they can. … if you’re on an American roadway with a full wallet, in the eyes of thousands of cash-hungry cops you’re a rolling ATM.” Tweet Tags: Canada, forfeiture CBC warns Canadians against American forfeiture is a post from Overlawyered - Chronicling the high cost of our legal system
  • “California Destroys Winery Over Use of Volunteers”

    Walter Olson
    19 Sep 2014 | 4:48 am
    “California has a state law that prohibits for-profit companies from using volunteer labor.” That spelled doom for little Westover Winery in Castro Valley, which cleared around $11,000 in profits a year for its owning couple and used unpaid volunteers, many of them amateurs who wanted to learn the wine business. The state hit the business with $115,000 in fines and wiped it out, to the unhappiness of some of the displaced volunteers. [Scott Shackford, Reason; Rebecca Parr, Daily Review/San Jose Mercury News] More: A Debra Saunders column. And I mention this episode, along with the…
 
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    Solo Practice University®

  • Why The First 30 Seconds of A Client Call Can Make Or Break Your Practice

    Susan Cartier Liebel
    18 Sep 2014 | 5:30 am
    I remember after graduating law school I had the opportunity to call the law firm of Day Berry and Howard several times (now Day Pitney) and I was instantly enamored of their phone receptionist.  I’m sure every person who called there felt the same way. She had the most incredible and memorable voice and charm to match. I can still hear her voice nearly 20 years later. This was my first encounter with the law firm and it set the psychological tone and my perception of the law firm.  Her voice made me think of ruby-red crushed velvet. I then imagined how the law firm must look, how…
  • 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…
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    Above the Law

  • Law Firm Merger Mania: Bingham McCutchen And Morgan Lewis Reach A Deal

    David Lat
    21 Sep 2014 | 10:50 am
    What would the post-combination entity look like?
  • Constitutional Ties That Bind Also Gag: The United Kingdom Keeps Scotland

    Tamara Tabo
    19 Sep 2014 | 2:32 pm
    Conservative columnist Tamara Tabo shares her views on the recent Scotland independence vote.
  • Non-Sequiturs: 09.19.14

    Joe Patrice
    19 Sep 2014 | 2:01 pm
    * Former Connecticut Governor John G. Rowland, convicted of corruption. [New York Times] * Who is Justice Ginsburg talking to? [PrawfsBlawg] * The new Apple operating system is designed to thwart search warrants. That sounds… interesting. [The Volokh Conspiracy / Washington Post] * The Bali suitcase murder suspect hired a lawyer for her fetus. [Slate] * Here’s an idea: take your client’s settlement money and then just… disappear with it. There’s no way the cops will come looking for you. [Albuquerque Journal] * Was it a crime when a porn producer outed one of its stars as Miss Teen…
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    Simple Justice

  • Sex With Goats (Including Oral) and Other Questions on the Test

    SHG
    21 Sep 2014 | 5:38 am
    Sending off your baby to college at Clemson, your eyes may be a bit teary but you have the comfort of knowing that this fine institution of higher learning will demonstrate the care and sensitivity you would demand be shown your child.  And it will be on the test. [T]he South Carolina university is asking students invasive and personal questions about their drinking habits and sex life as part of what they’ve billed as an online Title IX training course. “How many times have you had sex (including oral) in the last 3 months?” asks one question. “With how many different people have…
  • Cyclists: Tastes Like Chicken

    SHG
    21 Sep 2014 | 4:53 am
    Adults who ride bicycles on the road with cars present a problem, and they know it. When I drive my car, I get mad at cyclists who weave in and out of traffic, won’t move over, never stop at a red light and flip me off when I come within eye contact of them — the self-righteous bastards. When I ride my bike, I hate all those people in cars, some of whom are texting while driving — far worse than driving drunk. Timothy Egan in the New York Times argues “[I]f each side could just think a little more like the other side, it would go a long way toward improved safety.”…
  • Blame the Children

    SHG
    20 Sep 2014 | 6:10 am
    Q: What happens when a police officer finds a 5-year-old special needs boy by himself a couple of blocks from the school house? A:  Suspend the child.  At least, if the principal is Denise Segars-McPhatter, and the school is Early Childhood Center School 82.  What, you thought the cop did something wrong? Not this time. From the Buffalo News: A 5-year-old boy with special needs managed to grab his jacket and bookbag, leave his kindergarten class, get down a flight of stairs and walk out of a Buffalo elementary school undetected Tuesday. A police officer on patrol around noon happened to…
 
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    Law and Magic Blog

  • Northern Virginia Town Repeals Ban On "Magic Arts"

    lpcprof
    17 Sep 2014 | 12:36 pm
    In spite of some opposition, the town council of the northern Virginia community of Front Royal repealed its ban (Fort Royal Town Code 110-17) on the practice of the "magic arts," which includes fortune telling, tarot card reading, "gypsies," and I assume encompasses palmistry, astrology, and other "crafty sciences." When a tarot card reader recently set up shop in the town (note that it was just for a day), other vendors got very upset. That's when local residents realized that the law was still in force. During the town council's meeting to discuss…
  • Another Blog That Understands Us

    lpcprof
    17 Sep 2014 | 8:02 am
    Trademarks Are Magic. Perfect!
  • Houdini Comes To the Small Screen

    lpcprof
    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. 
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    What About Paris?

  • Pantheon: Audrey Tautou.

    JD Hull
    21 Sep 2014 | 11:35 am
    Source: Pascal Le Segretain/Getty Images Europe (2011)
  • Hôtel Costes, Paris, 239 rue Saint-Honoré.

    JD Hull
    20 Sep 2014 | 7:42 pm
    All things in excess.
  • The Book of Kells.

    JD Hull
    20 Sep 2014 | 2:25 am
    Below is Folio 292r (circa 800) of The Book of Kells, an illuminated manuscript of the four Gospels of the New Testament. It's housed at Trinity College Library, in Dublin, Ireland. This page opens the Gospel of John. Illustrations in the Book of Kells are bursting with pre-Christian, pagan and Celtic symbols and motifs that had been evolving in Ireland for nearly 8000 years. The effect is a religious document of mixed media that ranges from the playful, sexual and mystical to the deeply devout and mainstream Christian. 680 pages of the work survives.
 
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    Legal Juice

  • Give That Dog A Raise

    John Mesirow
    21 Sep 2014 | 9:05 pm
    It is abundantly clear that you just don’t mess with Malone. That dog can flat-out smell, as a gent with a full cavity discovered. As reported by kvia.com (El Paso, Texas): The seizure was made at approximately 1:30 p.m. Monday at the Paso Del Norte pedestrian crossing. A 35-year-old U.S. citizen from El Paso entered the port from Mexico and was selected for a secondary exam by CBP officers. CBP drug sniffing dog “Malone” alerted to the man. During the course of an interview with CBP officers the subject admitted that he had heroin concealed within his body. The subject…
  • It Was Time To Part Company After The First Flash

    John Mesirow
    20 Sep 2014 | 9:08 pm
    (No, not the kind of flash in the picture above.) Assuming everything this woman says is true, you just have to scratch your head. As reported by www.timesonline (Beaver, Pennsylvania): The owner of a Moon Township landscaping business has been charged with exposing himself to a female passenger in his car. Moon police have charged 72-year-old Armando Zucchero of 233 Ewings Mill Road, owner of Zucchero Landscaping, by mail with indecent exposure. So what happened? The woman said she was walking home to Ridgewood Drive from the Giant Eagle on University Boulevard when Zucchero pulled over near…
  • Oh, So You’re Saying My Money’s Not Good Here?

    John Mesirow
    19 Sep 2014 | 9:02 pm
    Actually, madam, your money isn’t good anywhere in the United Kingdom. As a personal injury lawyer, but for his alter ego, this is not something The Juice would normally come across. No doubt Ms. Louise Munro would not have come across a law like the Coinage Act of 1971 either, had she not tried to pay for her gas with, well, coins! As reported by The Liverpool Echo: Staff at the BP garage in Queens Drive, West Derby, told 24-year-old Louise Munro that they could not accept the 1p and 2p pieces she offered after her bank card failed because of a system failure. Say what? Ms Munro, from…
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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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    Ask the Lawyer @ Dear Esq.

  • How Can I Protect My Property Assets?

    House Attorney
    19 Sep 2014 | 8:41 pm
    If a person owns several rental properties personally, should he/she incorporate or form an LLC to protect their personal assets and should a real estate attorney do this for them?
  • How Can I Prevent My Neighbor From Crossing the Property Line?

    House Attorney
    18 Sep 2014 | 6:20 pm
    My neighbors property line is 3 ft from my house. Now they are parking cars about 2 feet from the property line on their front lawn.
  • How Can My Imprisoned Son Establish Paternity?

    House Attorney
    17 Sep 2014 | 8:25 pm
    I am contacting you to find out what forms my son needs to file to get visitation rights. He has not seen his daughter in two years and now the mother has cut off phone contact too. The child is ten-years-old. My son is a federal prisoner (fraud) who has called regularly and made many beautiful gifts for his daughter.
 
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    Balkinization

  • Interview on the Black Box Society

    Guest Blogger
    19 Sep 2014 | 5:22 am
    Lawrence Joseph and Frank Pasquale In the interview below, Lawrence Joseph interviews Balkinization blogger Frank Pasquale about his forthcoming book, The Black Box Society: The Secret Algorithms That Control Money and Information. Joseph is Tinnelly Professor of Law at St. John's School of Law, and a poet and author of literary prose and essays. Pasquale teaches at the University of Maryland and serves on the Council on Big Data, Ethics, and Society.Lawrence Joseph: First of all, I want to say that I consider The Black Box Society a monumental and stunning achievement--its truly…
  • 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…
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    Althouse

  • At the Old and Young Café...

    21 Sep 2014 | 4:17 pm
    ... you can have your say.
  • "It's completely mischaracterized to call it plagiarism, because the source of it is the source from the other plans as well... It is the original work of Eric Schnurer."

    21 Sep 2014 | 9:41 am
    "One of the things I learned when I was at Trek bicycle was, the way you're always going to be better is to go out and understand what other people are doing, what other companies are doing.... Why reinvent the wheel if things are working elsewhere, if people have proposed good ideas, why would I not want to use those? Certainly there's nothing in here that I don't think works and is right for Wisconsin... And so this is much ado about nothing here, because that's actually how good plans should be put together."Said Mary Burke, addressing the lifted blocks of text that appear in what USA…
  • The National Review says that "Feminists" say that "Slow Motion Is 'Sexist.'"

    21 Sep 2014 | 7:37 am
    Well, that headline got me to click and then to click again to see what was getting paraphrased like that. The underlying article is a Canadian news article that quotes some critics of an ad for a Vancouver soccer team. First of all, the critics don't call themselves "feminists," and second of all, even if they did purport to represent the amorphous category "feminists," they'd be Canadian feminists. The news article describes the critics like this:Social media reaction ranged from "Uhhhhhhhhh yes," and "I really don't see a problem here," on Facebook, to Twitter user "The headline isn't just…
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    Concurring Opinions

  • Scottish Referendum and Evolutionarily Fit Legal Systems

    Nicholas Georgakopoulos
    20 Sep 2014 | 6:51 am
    Some thoughts in the aftermath of the scottish referendum. Why do regions want to secede? To some extent, secession attempts imply a desire for different rules than the state provides. From the individual perspective, that of the individual scott, basque, or chechen, this suggests the state’s rules do not give the individual the freedom to do what the individual desires. From the collective perspective, this corresponds to the state not letting the local group determine its conduct the way that the group desires. Thus, from the individual’s perspective it is a question of freedoms…
  • Interview on The Black Box Society

    Frank Pasquale
    19 Sep 2014 | 1:52 pm
    Balkinization just published an interview on my forthcoming book, The Black Box Society. Law profs may be interested in our dialogue on methodology—particularly, what the unique role of the legal scholar is in the midst of increasing academic specialization. I’ve tried to surface several strands of inspiration for the book.
  • FAN 32.1 (First Amendment News) — Cato hosts panel on First Amendment: Strossen discusses McCutcheon & history of ACLU stance

    Ronald K.L. Collins
    17 Sep 2014 | 11:35 am
    Many of us believe that [what] democracy is all about is that you vote for a candidate [and] you give money to a candidate because you want that person to share and be responsive to your concerns. That’s is not corruption; that is democracy. – Nadine Strossen, Sept. 17, 2014. Earlier today the Cato Institute hosted a panel on the First Amendment. Here is the lineup: Ilya Shapiro & Nadine Strossen Panel I: The First Amendment Moderator: Ilya Shapiro Editor-in-Chief, Cato Supreme Court Review Nadine Strossen, Professor of Law, New York Law School P.J. O’Rourke, H.L. Mencken…
 
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    Sui Generis-a New York Law Blog

  • Lawyers and Mobile Devices Trending Higher

    NBlack
    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

    NBlack
    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

    NBlack
    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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    Conglomerate

  • Alibaba's IPO

    Usha Rodrigues
    19 Sep 2014 | 12:37 pm
    Despite a delayed start, Alibaba's IPO seems to have gone off without the technical glitches that have marred some recent public offerings.  Priced at the very top of its range at $68, it opened at $92.70.  That's some kind of pop! Investors apparently aren't listening to Harvard Law's Lucian Bebchuk, who earlier this week expressed governance worries about the firm, particularly its control by insiders. In Alibaba, control is going to be locked forever in the hands of a group of insiders known as the Alibaba Partnership. These are all managers in the Alibaba Group or related companies. The…
  • Introducing Guest Bloggers Robert Bird and David Orozco

    David Zaring
    19 Sep 2014 | 9:14 am
    For the next couple of weeks, we'll have the chance to hear from two law professors who, like me, are posted at business schools, David Orozco at Florida State and Robert Bird at UConn.  They've got an interesting collaboration going on corporate legal strategy, and other subjects of note as well.  So welcome David and Robert!
  • Business Law At Oklahoma State

    David Zaring
    19 Sep 2014 | 3:00 am
    They've been doing some interesting hiring at OSU, lately, and this year they will be doing some more. The position announcement is after the jump. Oklahoma State University, Department of Economics and Legal Studies, Stillwater, Oklahoma, seeks outstanding applicants for a tenure-track position in legal studies at the rank of assistant professor beginning August 2015, contingent upon available funding.  Qualifications: a J.D. or LL.M. from an ABA-accredited law school is required. Membership in a state  bar association, previous experience teaching law at the university level, a history of…
 
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    Ms. JD Blog

  • Ms. JD Weekly Roundup: Week ending September 19, 2014

    Ms. JD Weekly Roundup
    18 Sep 2014 | 8:51 pm
    We constantly hear about the importance of networking but are you using your network to full advantage? Former colleagues can be an important link to new opportunities. With the news that women have fallen further behind in client development at law firms, it is all the more important to make the most of connections we already have.  Recruiting can be a long and tough experience. Make sure you aren’t making one of these mistakes in your interactions with potential employers. Don’t lose sight of your goals during recruiting, sometimes you need to say no to a job offer. If…
  • 2015 Writers in Residence Applications Due November 1st!

    js2013
    17 Sep 2014 | 12:57 pm
    Do you feel your creative spirit fading as you work tirelessly to perfect your legal writing skills? Do you miss composing prose that is not in the passive voice or that does not require bluebooking? Would you like to contribute your thoughts and insights to a national legal blog which has been repeatedly featured on the ABA Journal Law Blawg 100 list? Then we may have just the opportunity for you! Ms. JD is currently seeking pre-law and law school students, as well as legal professionals, to serve as its 2015 Writers in Residence. The Writers in Residence Program consists…
  • Young Women Lawyers:  Tweet With Caution!

    Susan Smith Blakely
    16 Sep 2014 | 7:22 pm
    In the past few years, we have seen that Tweets can get you in trouble. For example, according to an article in the Washington Post titled, "The tweet can set you free --- from your job," several women journalists have sacrificed good jobs after imprudent Tweets. CNN correspondent Diana Magnay of CNN found herself reassigned to Moscow after her Tweet was found unacceptable by her employer, and, in 2010, Octavia Nasr was dismissed from her job as a correspondent at CNN under similar circumstances. There also was a news story earlier this year about a young woman, who made ill-chosen…
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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

  • Power Point Presentation Leads To Remand

    Legal Profession Prof
    19 Sep 2014 | 4:41 pm
    The Illinois Review Board has remanded a matter where it concluded that violation of a procedural rule justified full rehearing of proven serious misconduct. The Rule: (a) Post‑Trial Motions. Except as provided herein, post-trial motions shall not be filed with...
  • Million Dollar Escrow Shortfall Draws Short-Term Probation

    Legal Profession Prof
    19 Sep 2014 | 4:05 am
    An attorney who "failed to safeguard entrusted funds of at least $1 million" in connection with real estate transactions was placed on probation for six months by order of the Pennsylania Supreme Court. The misconduct arose in a series of...
  • South Carolina Considering Rule And Comment Changes

    Legal Profession Prof
    18 Sep 2014 | 7:30 am
    The South Carolina Supreme Court has posted a petition from the State Bar to amend Rule 1.6. The amendments appear to conform to recent ABA adopted rules changes. Rule 1.6(b) would have this exception (8) to detect and resolve conflicts...
 
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    China Law Blog

  • Why Alibaba Is Good For China VIEs

    21 Sep 2014 | 11:39 am
    Our China lawyers have a long history of skepticism regarding China VIE structured entities.  In Buying Into A China VIE. What Me Worry? we had this to say about them: Years ago, we here at China Law Blog made clear our views on VIEs and nothing about those views has changed.  For that reason, and because VIEs have little to nothing to do with most companies doing business in China, we stopped writing about them years ago.  In a nutshell, we don’t like them, don’t trust them, and don’t do them.  Quite frankly, our malpractice insurance just isn’t high enough for the massive…
  • China Employment Law. Watching A Bit Of The Sausage Being Made.

    19 Sep 2014 | 5:36 pm
    As the Chinese government starts taking its employment laws more seriously (at least with respect to foreign companies doing business in China), our China employment law work just keeps increasing, as does our blogging on it.  The below is an email from one of our China lawyers (who is doing China employment law about half time these days), with all possible identifiers removed or changed. We are sending a version of this email out a lot these days. As noted in previous emails, employment law in China has been in a state of transition over the past few years. Though the relevant laws have…
  • The China-US Shuttle. Tain’t No Big Thing.

    18 Sep 2014 | 9:23 pm
    Clients (and others) often ask our me how many lawyers we have in China and/or how many China lawyers we have in the United States. I always have problems with those questions for two reasons.  The first reason is that I myself have no firm definition of “China lawyer” and so what I usually say is something like how we have a core group of eight lawyers who spend most of their work hours on China matters, but we also have countless other lawyers in the firm who bring their specialities to bear on our China matters. For instance, we often cover China arbitrations with one of our…
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    Patently-O » Patent

  • Federal Circuit Defies Supreme Court in Laches Holding

    Dennis Crouch
    21 Sep 2014 | 8:20 pm
    by Dennis Crouch SCA Hygiene v. First Quality (Fed. Cir. 2014) Rather than focusing on a single event, allegations of patent infringement generally involve a series of actions that each constitute an infringement.  Courts identify each act (making, using, selling, …) as a separate and actionable infringement of the patent.  This notion of repeated acts of infringement (the “separate-accrual rule”) is only occasionally important, but comes up most often in the context of the impact of delays in pursuing court action with the effect of making delays look less egregious. The…
  • Bits and Bytes from Dennis Crouch

    Dennis Crouch
    18 Sep 2014 | 10:15 am
    Slashdot on patents House passes bill to extend law school patent law program Dr. Zuhn: PTO’s revised guidance on Myriad/Mayo expected to be much less aggressive.  New guidance expected in October.  Richard Loyd: The AIA is 3 today and there’s only one winner ManagingIP on Licensing during Bankruptcy Proceedings (Int’l Perspective) Recent Job Postings: Patent Litigation/Post-Grant Proceedings Associate – Law Firm – Alexandria, Va. Patent Attorney – Law Firm – Seattle, Wash. IP Associate Attorney – Law Firm – Reston, Va. or Suburban…
  • Design Patents §103 – Obvious to Whom and As Compared to What?

    Dennis Crouch
    17 Sep 2014 | 11:20 am
    Guest Post by Paul Morgan This is an increasing important and not fully resolved legal issue which should logically be addressed in the pending Fed. Cir. appeal of the nearly $1 billion infringement damages award in Apple v. Samsung, re the Apple design patents held infringed.   That award seems to have inspired increased design patent assertions and design application filings.  In that case Judge Koh had even called the application of the Supreme Courts controlling KSR decision on §103 an “open question” as to design patents!  Apple, Inc. v. Samsung Electronics Co., Ltd.,…
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    Patent Baristas

  • Proposed IP Matter Management Invention Disclosure Scheme

    Stephen Jenei
    16 Sep 2014 | 1:50 pm
    I recently received a note form an in-house counsel asking for feedback on a proposed standard for invention disclosures.  This is an offshoot of LEDES (www.ledes.org) by representatives from universities, law firms, companies, and software vendors. The intent is to provide an open standard for transferring invention data, typically from inventors to their patent attorneys. The LEDES Intellectual Property Matter Management (IPMM) subcommittee has presented to the LOC membership a working draft of an invention disclosure schema standard and now seeks public feedback.  The IPMM subcommittee…
  • Grapefruit Juice and Gunpowder:  Practicing Under The New USPTO Guidance

    Stephen Jenei
    19 May 2014 | 1:34 pm
    Last chance to register for a free webinar is available on the new US Patent & Trademark Office Guidelines. When:                 This Wednesday, May 21st from 1pm – 2pm EDT. Presented by:   Dr. Anthony Sabatelli, Partner at Dilworth IP.  On March 4th the US Patent and Trademark Office issued guidelines to its examining corps for assessing patent eligible subject matter under 35 USC §101. The guidelines were issued in light of the Supreme Court’s decisions in Myriad, Prometheus, and related cases. See, “Guidance For Determining Subject Matter Eligibility Of Claims…
  • USPTO Proposed Rules for Transparency of Patent Ownership

    Stephen Jenei
    23 Apr 2014 | 2:33 pm
    In January 2014, the USPTO published proposed rules to increase the transparency of patent ownership information for patent applications and issued patents, which the USPTO termed “attributable ownership proposed rules” as a shorthand title. You can review our attributable ownership proposed rules here. The proposed changes to the rules of practice will require that the attributable owner, including the ultimate parent entity, be identified during the pendency of a patent application and at specified times during the life of a patent, and seeking written comments on the proposed…
 
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    Religion Clause

  • Recent Prisoner Free Exercise Cases

    Howard Friedman
    21 Sep 2014 | 5:22 am
    In Williams v. Lemmon, 2014 U.S. Dist. LEXIS 129217 (SD IN, Sept. 16, 2014), an Indiana federal district court dismissed for failure to exhaust administrative remedies a Muslim inmate's complaint about a 30-day suspension of Jumah services.In Grohs v. Santiago, 2014 U.S. Dist. LEXIS 130139 (D NJ, Sept. 17, 2014 ( NJ, Sept. 17, 2014), a New Jersey federal district court dismissed, with leave to amend, an inmate's complaint that he had to dispose of religious material because of lack of storage space.In Brown v. Mathena, 2014 U.S. Dist. LEXIS 130574 (WD VA, Sept. 16, 2014), a…
  • State University Reaches Compromise With Football Team Members On Wearing Cross Decal

    Howard Friedman
    20 Sep 2014 | 6:40 pm
    Inquisitr reports that Arkansas State University officials have reached a compromise with member of the school's football team-- the Red Wolves-- who want to honor their recently murdered teammate and their recently deceased equipment manager by wearing a Christian cross with the men's initials on it on team helmets this season. (See prior posting.) So long as the student athletes purchase the cross decals themselves and personally place them on their helmets, the University will not object. Liberty Institute, which had written the University (full text of letter) complaining about its…
  • Oklahoma Trial Court Rejects Challenge To State Capitol Ten Commandments

    Howard Friedman
    20 Sep 2014 | 6:06 pm
    AP reports that an Oklahoma state trial court has dismissed an Establishment Clause challenge to a Ten Commandments monument on Oklahoma State Capitol grounds. The court in Prescott v. Capitol Preservation Commission, (OK Cnty Dist. Ct., Sept. 19, 2014), held that the monument, which is on statehouse grounds that have 51 other monuments as well, held that "the Ten Commandments monument on the Oklahoma Capitol grounds is constitutional because of its historical value." According to AP:The 6-foot-tall granite monument was authorized by the Legislature in 2009 and was erected in 2012 after…
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    LIKELIHOOD OF CONFUSION®

  • 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.
  • An emphatic NO!

    Ron Coleman
    8 Sep 2014 | 3:10 pm
    Originally posted 2009-10-05 14:36:53. Republished by Blog Post Promoter Chatty Kathy: German designer Wolfgang Joop’s bid to have a punctuation mark trademarked [sic] for his Joop! clothing and perfume company has been denied by European Union judges. Joop applied to register two versions of an exclamation point: the first is a simple exclamation and the other is inside a rectangular frame. Can’t blame him for trying! Say — maybe he can get a registration for WRITING IN ALL CAPS INSTEAD?!
  • Righthaven Agonistes

    Ron Coleman
    8 Sep 2014 | 3:10 pm
    Originally posted 2011-06-21 14:25:26. Republished by Blog Post PromoterIs all this copyright jurisprudence lollipops and rainbows? Let us reflect a little on what Righthaven has wrought, so far.  Wired weighs in on the latest Righthaven woes: A federal judge ruled Monday that publishing an entire article without the rights holder’s authorization was a fair use of the work, in yet another blow to newspaper copyright troll Righthaven. It’s not often that republishing an entire work without permission is deemed fair use. Fair use is an infringement defense when the defendant…
 
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    Grits for Breakfast

  • Tim Cole statue unveiled in Lubbock, and other stories

    Gritsforbreakfast
    21 Sep 2014 | 8:50 am
    Here are a few items from the last week that may interest Grits readers but which lost out in the competition for time with my paid work:Tim Cole memorialized by VIPs at statue unveilingLubbock this week unveiled a 13-foot tall statue of Timothy Cole, who was falsely convicted of rape in that county and died in prison before his innocence could be proven. Lots of VIPs there, including Gov. Perry and both the Democratic and Republican nominees to succeed him. See CNN's coverage, AP, and the Lubbock Avalanche-Journal. Perhaps the best way politicians could honor Timothy Cole next session would…
  • Grits' recommendations for improving legislative websites

    Gritsforbreakfast
    19 Sep 2014 | 6:12 am
    I mentioned that your correspondent testified the other day to the Texas Senate State Affairs Committee on electronic privacy issues. At the same hearing,  the committee took testimony from staff only on another interim charge, "Study the online legislative resources available to the public from Texas Senate Committee websites and compare resources to those provided by other state legislative committees in Texas and other states. Determine how Texas Senate websites can be improved to provide a more interactive and transparent government."Texas' legislative websites are better than most.
  • Prosecutor's jeremiad against open-file law met with uncomfortable silence

    Gritsforbreakfast
    18 Sep 2014 | 8:44 am
    Several days ago on the Texas District and County Attorneys Association user forum, prosecutor Terry Breen from Goliad suggested that, although "The TDCAA has a long standing policy of being neutral on pending legislation. This needs to change."Why? "During the last legislative session," Breen alleged, "the result of this passivity was the passage of the Michael Morton Act, which expanded the defendant's right to discovery from exculpatory and mitigating evidence--'Brady material'--to include effectively any relevant evidence, including incriminating evidence that the state might wish to not…
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    Drug and Device Law

  • Sunsetting Cy Pres

    Bexis
    20 Sep 2014 | 3:40 pm
    We missed a day this week, so here's an extra post to make up for it.This opinion, Redman v. RadioShack Corp., Nos. 141470, et al., slip op. (7th Cir. Sept. 19, 2014), doesn’t even mention cy pres, but its rationale could be saying (like we have), “cy pres, no way.”Redman was a coupon settlement with the usual pathetic – less than one half of one percent – response rate to the settlement notice (itself sent to only 5 million of the estimated 16 million class members).  Slip op. at 7.  It involved something called the Fair and Accurate Credit Transactions Act, but that…
  • Eleventh Circuit Says Forget It to Fixodent Daubert Appeal

    Steven Boranian
    19 Sep 2014 | 8:13 am
    We admit that we never gave much thought to denture adhesive, and until recently our knowledge of denture adhesive products was gained mainly from watching commercials that tend to run during daytime television or reruns of Murder, She Wrote.  But as Bexis says, useful precedent can come from unexpected places, and litigation over the denture adhesive known as Fixodent resulted in a good Daubert ruling in the district court that we reported on here more than three years ago.  The Eleventh Circuit has now affirmed the order in a published decision, so we will again wade into the…
  • Teleseminar by the Reed Smith Side of the Blog

    Bexis
    18 Sep 2014 | 2:53 pm
    This coming Wednesday, September 24th at 12:00 pm ET/9:00 am PT, three of your Reed Smith bloggers, Steve Boranian, Steve McConnell, and myself (Bexis) will be presenting a teleseminar that we've entitled, "And the Verdict Is…: Recent Trends in Drug and Device Litigation." What we'll be talking about are some of the more notable trends that we have observed in drug and device litigation since the beginning of the year.  One of those topics is what the recent Supreme Court Bauman decision portends (and in some cases is already doing) to mass tort personal…
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    Crime and Consequences Blog

  • Will the Mother Country Follow Its Federated Daughters?

    Kent Scheidegger
    20 Sep 2014 | 8:53 am
    Here in the United States, we get to vote separately for a national legislature, which deals with foreign and military affairs, interstate commerce and other matters which need to be decided on a national level, and for a state legislature which is supposed to have control over those matters that can be handled more locally.  The line isn't as crisp as it used to be, or, in my opinion, as it should be, but it's there, and those separate elections serve to keep government more responsive to the will of the people.  Canada and Australia also have federated governments.Englishmen,…
  • How to Increase Gross Domestic Product

    Kent Scheidegger
    19 Sep 2014 | 4:25 pm
    The Ig Nobel Prizes were awarded yesterday by the Annals of Improbable Research.And the prize in economics goes to [drum roll] ...ISTAT -- the Italian government's National Institute of Statistics, for proudly taking the lead in fulfilling the European Union mandate for each country to increase the official size of its national economy by including revenues from prostitution, illegal drug sales, smuggling, and all other unlawful financial transactions between willing participants.The full list is here.
  • Catch and Release

    Kent Scheidegger
    19 Sep 2014 | 3:12 pm
    Federal Judge Richard Kopf at Hercules and the Umpire has this post with a funny cartoon and a serious point.  Down in the comments, he concedes that the point is poorly worded in the original post and substitutes this wording:My point is really two fold: (1) most of the folks I see should go to prison and most reasonable observers would agree; (2) in the few "close" cases where a judge must decide between prison and probation, I am not good at making that decision personally and [18 U.S.C.] section 3553(a) is not much help.
 
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    TalkLeft

  • "The Good Wife" Returns in Overdrive

    Jeralyn
    22 Sep 2014 | 6:21 am
    The Good Wife returned for a new season Sunday night. I really didn't care for last season but tuned in anyway, expecting to be bored. I'm glad I did. Someone must have slipped some steroids into the writers' morning Wheaties. [More...] ... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
  • ISIS Declares War, Stirs the Lone Wolf Pot

    Jeralyn
    21 Sep 2014 | 7:31 pm
    ISIS has just declared the equivalent of World War III. The announcement comes in the form of a long-awaited statement by ISIS official spokesman Shaykh Abū Muhammad al-‘Adnānī ash-Shāmī. Adnani calls on Muslims... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
  • Houthi Rebels Take Yemen Govt Offices, PM Resigns

    Jeralyn
    21 Sep 2014 | 10:31 am
    It's a mess in Yemen. Houthi rebels (who are Shi'ite and a minority) have stormed government headquarters, ministries and TV stations in Sanaa. The Prime Minister of Yemen has resigned. Last night UN envoy Jamal Benomar had announced a... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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    TheFunded Founder Institute News

  • Sunday Night Blues: Why You Should Plan Your Work Week

    21 Sep 2014 | 10:00 pm
    Dreading the thought of returning to the office after a restful weekend? You’re not alone; in an international Monster.com poll, 78 percent of respondents reported experiencing the so-called "Sunday Night Blues,” with 47 percent saying they get it "really bad." To help combat this pervasive condition, we provide you with the motivation to look forward to the work week. With simple tips and advice from successful entrepreneurs and top experts, “Sunday Night Blues” is sure to cure what ails you. This week, we focus on the topic of planning. While nobody enjoys working on…
  • 7 Startup Lessons from Google: There's No Such Thing as Over-Communication

    19 Sep 2014 | 9:30 pm
    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…
  • 25 Inspirational Quotes on Building a Strong Startup

    18 Sep 2014 | 10:18 am
    Entrepreneurs are pulled in so many directions that they oftentimes forget to nurture the most important components that make for an enduring company. From hiring the right team to configuring costs, founders must continuously focus on the key ingredients proven to help startups prosper. To revive your focus, we’ve compiled a list of quotes from lucrative entrepreneurs who’ve discovered what it takes to launch and sustain a successful business. 1. “A ‘startup’ is a company that is confused about – 1. What its product is. 2. Who its customers are. 3. How to…
  • Robin Chase on How You Can Build an Effective Startup Brand

    18 Sep 2014 | 5:00 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.As the Founder Institute continues its expansion in Europe, we look back at some of our best European sessions. In this video from the Paris Founder Institute, Robin Chase, Europe’s highest rated mentor, enlightens founders on the power of branding, and describes a brand as “a reality created through association”. Robin says that a company's brand will shape the way customers…
  • Do You Need to Go to College to be an Entrepreneur?

    17 Sep 2014 | 7:20 pm
    There is no "one right way" to build a company.  As a result, entrepreneurs seeking guidance will always be given contradictory advice on how to build their business, from both "experts" and the uninformed alike. Ultimately, it is up to the entrepreneur to evaluate the opinions they receive and pursue the path they feel is best for them.  The Startup Lean presents two differing viewpoints on key entrepreneurial topics for you to decide which way you lean. This week's topic is about whether college is necessary to become an entrepreneur. This Week's Topic:Should you go to college?
 
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    SCOTUSblog

  • Petition of the day

    Maureen Johnston
    19 Sep 2014 | 7:05 pm
    The petition of the day is: Carroll v. Carman 14-212 Issue: (1) Whether, when a police officer approaches a residence to conduct a “knock and talk,” the Fourth Amendment requires the officer to go to the “front door” even where it reasonably appears that some other entrance is also customarily used by visitors; and (2) whether the court of appeals erred in holding that such a rule was “clearly established” for purposes of qualified immunity. In association with Bloomberg Law
  • Argument preview: Able opponents trade arguments in high-stakes dispute over deadlines for filing class actions

    Ronald Mann
    19 Sep 2014 | 1:50 pm
    It is almost a joy to read the papers in Public Employees’ Retirement System of Mississippi v. IndyMac MBS, Inc, with David Frederick squaring off against Ted Olson. The issue sounds tedious at first – whether the filing of a securities class action tolls the statute of limitations for all members of the asserted class. But it takes only a moment of reflection to realize how much is at stake. Suppose a securities class action alleges a class with hundreds of members (not at all uncommon), and suppose that litigation over certification lasts three to four years (again, not at all…
  • Friday round-up

    Amy Howe
    19 Sep 2014 | 6:06 am
    Briefly: At Re’s Judicata, Richard Re discusses Tuesday’s comments by Justice Ruth Bader Ginsburg suggesting that the Court might decline to grant any of the pending petitions challenging state bans on same-sex marriage because there is currently no division among the circuits. (Lyle also covered those comments in a post yesterday for this blog.) At The Economist’s Democracy in America blog, Steven Mazie reports on the unusual alliance of amici in Young v. UPS, in which the Court will consider the scope of the Pregnancy Discrimination Act, but observes that “the ideological overlap,…
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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 Join.me

    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 join.me. 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 iPhoneJD.com posts Why lawyers will love the iPhone 6 and iPhone 6 Plus. Jeff Taylor of DroidLawyer.com 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

  • Rocket Matter’s New iPad Version ‘Not Just an App’

    Robert Ambrogi
    17 Sep 2014 | 5:52 am
    “This is not just a companion app to our Web version,” Rocket Matter CEO Larry Port said about the iPad app the company released today. “It is a full-featured practice management platform.” In fact, the user interface of this new app will now drive development of the UI for Rocket Matter’s web version and its […] The post Rocket Matter’s New iPad Version ‘Not Just an App’ appeared first on Robert Ambrogi's LawSites.
  • See You at the Clio Cloud Conference?

    Robert Ambrogi
    16 Sep 2014 | 12:03 pm
    It is not too late to register for the Clio Cloud Conference next Monday and Tuesday in Chicago. I attended and spoke at the first Clio conference last year and can attest to the fact that it was well worth attending. This year’s conference looks even better than last year’s, with keynote speakers Richard Susskind, […] The post See You at the Clio Cloud Conference? appeared first on 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.
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    Wise Law Blog

  • 140 Law - Legal Headlines for Friday, September 19, 2014

    Elysia Cherry
    19 Sep 2014 | 6:33 am
    Here are the leading legal headlines from Wise Law on Twitter for Friday, September 19, 2014: Somebody in the Harper government needs to go back to law school - iPolitics.caKentucky longshot Senate candidate’s ‘With Jews We Lose’ slogan not going over well New duty counsel not public defenders: LAO - Law Times Texas court throws out ‘paternalistic’ ban on ‘upskirt’ photos Dana Milbank On St. Louis Grand Jury: How You Can Tell The Fix Is In  Lawyer’s photoshopped celebrity pictures lead to suspension recommendation Harper government racked up tens of…
  • 140 Law - Legal Headlines for Thursday, September 18, 2014

    Rachel, Law Clerk
    18 Sep 2014 | 6:47 am
    Here are the leading legal headlines from Wise Law on Twitter for Thursday, September 18, 2014:Legal observers worry future judicial appointments will be done in secretLawyers and Pricing Part 3  Woman’s virginity worth $5,000, Chinese court rules Lawyer Dresses Up As Thomas Jefferson At His Own Disciplinary Hearing  Bedford lawyer Alan Young to brief senators on prostitution bill rewriteScotland referendum: Simple question, but no simple answer Visa, MasterCard Canada on lookout for fraud after Home Depot breachNew Apple devices will allow users to lock and wipe them in case…
  • 140 Law - Legal Headlines for Wednesday, September 17, 2014

    Elysia Cherry
    17 Sep 2014 | 6:25 am
    Here are the leading legal headlines from Wise Law on Twitter for Wednesday, September 17, 2014: Harper suspended Commons committee reviews of Gascon’s Supreme Court appointment in June: House documents  Experiential Legal Writing: The New Approach to Practicing Like a Lawyer Saskatoon woman deported to native Pakistan where she fears stoning to death New DNA test can distinguish identical twins, prosecutors say; is it ‘ready for prime time’? Federal judge declares mistrial in Patti LaBelle case because there are no black jurors Canada Revenue Agency…
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    Law Technology Today

  • Challenges of Mobile Devices, BYOD and eDiscovery

    Haman Allen and David Herman
    19 Sep 2014 | 5:30 am
    The use and capability of mobile devices has increased exponentially over the past few years. There are nearly 7 billion mobile subscriptions worldwide, estimates The International Telecommunication Union. This is equivalent to 95.5 percent of the world population (1). Mobile devices are being utilized as a means of communication and as data stores in workplaces worldwide. As a result, mobile devices have become a popular topic within the eDiscovery market procreating unique challenges that span across the Electronic Discovery Reference Model (EDRM) (2). BYOD and the Labyrinth of…
  • In Brief: iOS 8

    Gwynne Monahan
    18 Sep 2014 | 6:33 am
    Apple released iOS 8, “the biggest iOS release ever,” and as with most Apple releases everyone went for it at the same time. If you’re still waiting for the download, here are some posts that explain what you’ll get. Oh, but read this first if you have an iPhone 4S or iPad 2 and haven’t updated yet. Re/Code Highlights For its review of iOS 8, Re/Code took the Problem/Solution route starting with texting using your voice. I may be an Android user, but a good deal of my family – check that, all but myself and my Dad — have iPhones. My…
  • Using Social Media to its Maximum Potential

    Law Technology Today
    18 Sep 2014 | 5:30 am
    In an effort to help Midsized firms fully participate in our changed legal landscape and rise to meet their unique and pressing challenges, Thomson Reuters has created the Managing Partner Series, a thought leadership-focused collection of resources developed specifically for leaders of Midsized firms. The Managing Partners Series site features webinars, videos and white papers developed specifically for Midsized firms. Each month, the site features a new topic that helps Midsized firms take advantage of new opportunities, make hard decisions and navigate complex situations. Our August…
 
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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 reputation.com — 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

  • LawBiz® Registry Offers Easy Way to Buy and Sell Law Practices

    Ed Poll
    18 Sep 2014 | 6:21 pm
    Lawyers from around the country continue to call me, asking for information on how to sell their practices. In response,we recently opened our LawBiz® Registry.  Visit the archives  for articles about buying and selling law practices and  other ways to monetize the goodwill that you have spent so many years to build. In addition, you may want to buy one of our books or tapes in our store on  the profitable law office  exit strategy or planning for your next 6000 days. Contact me at any time if you have additional questions.
  • LawBiz® Legal Pad: Trust Accounts

    Ed Poll
    18 Sep 2014 | 6:00 am
    What responsibility does a lawyer have when a financial institution fails and a client’s trust money is held by the financial firm? Ed Poll answers this question as he talks about Trust Accounts this week.
  • 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…
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    Innocence Blog

  • Philadelphia District Attorney Agrees to New Trial for Man Who Served 22 Years for a Murder DNA Proves Was Committed by Another Man

    19 Sep 2014 | 4:05 pm
    After initially denying requests for a new trial, the Philadelphia District Attorney's Office today announced that it will agree to a new trial for Anthony Wright. New DNA testing of the rape kit identified a man with a lengthy criminal record as the real perpetrator. Wright, of Pennsylvania, was convicted of the rape and murder of an elderly woman. Today, post-conviction DNA testing excludes him as the source and points to another suspect. The Philadelphia Inquirer reported that Wright, who has been serving a life sentence since 1993, has maintained his innocence since 1991 and said he was…
  • Brooklyn Convictions Overturned, Charges Dismissed

    18 Sep 2014 | 4:20 pm
    On Wednesday, a panel of New York state appeals court judges unanimously reversed the convictions and dismissed the indictments against Everton Wagstaffe and Reginald Conner, two Brooklyn men who were found guilty of murder and kidnapping more than two decades ago. The Innocence Project has been consulting on the case since2006, working with lawyers at Bedlock Levine & Hoffman who represented of Everton and lawyers at Davis Polk & Wardwell LLP who represented Conner. Post-conviction DNA testing revealed foreign hairs on the victim's body that did not come from Wagstaffe or Conner. But…
  • The Oklahoman Praises Innocence Project Efforts

    17 Sep 2014 | 3:15 pm
    Less than a week after Michelle Murphy was exonerated of the murder of her infant son based on new DNA evidence and other previously undisclosed evidence pointing to her innocence, the Oklahoman underscored the importance of Innocence Project efforts in an editorial that was published today. Just one day after Murphy's exoneration, the newspaper published an op-ed written by Oklahoma Innocence Project Executive Director Lawrence Hellman that questioned how many other innocent people like Murphy were sitting behind bars across the state. Twenty years ago, Murphy, 17 at the time, awoke in the…
 
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    Charon QC

  • Rive Gauche: Talk like a Pirate day…

    Charon QC
    21 Sep 2014 | 8:33 am
    Some may take the view that the gentlemen pictured below are pirates.  In the famous words of another ‘politico’ from fiction:  ”You may think that.  I couldn’t possibly comment” Read And… if you haven’t already seen this – worth looking at… Buckingham Palace dancing Guardsman may face prison Pirouetting Guardsman could be imprisoned after footage of the unnamed soldier dancing is viewed more than 1.5 million times on YouTube Watch the clip
  • Chris Grayling Lord Chancellor impersonator – At it again? I marvel…

    Charon QC
    19 Sep 2014 | 12:28 pm
    Mr Chris Grayling MP is a remarkable politician. He has done some unusual things while in office. I am probably not alone in wondering how Mr Grayling managed to become a Lord Chancellor impersonator. Do, please, read the Twitter timeline from David Allen Green.  You deserve a laugh. And I do like this tweet from Jon Whitfield QC : “Cut the crap – what about this bit?? “so unfair as to result in illegality.” All familiar to CG – unlawful, unjust, unfair.”   And also this tweet from  ‏@CatarinaSjolin @MoJPress Perhaps try reading paragraph 50 of…
  • Rive Gauche: By Royal Appointment – Cry Freedom for Indie!?

    Charon QC
    17 Sep 2014 | 4:44 am
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    UNDERDOG - Fairfax Criminal/DWI Attorney - Northern Virginia.

  • The dangers of disorderly conduct laws in our police state.

    19 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. The United States is a police state. The streets and beyond are littered with police, other security personnel, security agencies, security contractors, security cameras, security laws, and warrantless NSA spying on citizens compliments of President Obama, which follows up from George Bush II's violations of our…
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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

    marcorandazza
    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

  • BREAKING: Federal judge dismisses EEOC severance agreement lawsuit against CVS

    Jon Hyman
    19 Sep 2014 | 8:15 am
    The Chicago Tribune is reporting that U.S. District Judge John Darrah has granted CVS’s motion to dismiss a lawsuit filed by EEOC, which challenged the company’s severance agreements as overly broad and retaliatory.  Recall that the lawsuit challenged several garden-variety terms in standard employee severance agreements, including non-disparagement, confidentiality, and a covenant not to sue (which expressly disclaimed EEOC charges). When the EEOC filed this lawsuit earlier this year, I exclaimed that a ruling for the agency could be ruinous for employers. Kudos to this judge…
  • WIRTW #337 (the “page limit” edition)

    Jon Hyman
    19 Sep 2014 | 5:26 am
    When you were in school, did you ever fudge the margins, or the font, or the line-spacing to fit your term paper within the confines of a teacher’s page limit. Let me give you lawyers reading today’s post a little practice pointer. Don’t do that when you file a brief with a court. Slate.com quotes the opinion of District Court Judge Carl Barbier, who took BP to task for playing with page limits. BP’s counsel filed a brief that, at first blush, appeared just within the 35-page limit. A closer study reveals that BP’s counsel abused the page limit by reducing the line spacing to…
  • The best defense to a discrimination claim is…

    Jon Hyman
    18 Sep 2014 | 4:24 am
    Wilson v. Chipotle Mexican Grille (6th Cir. 9/17/15) [pdf] is an unusual or distinct case, yet it teaches employers an important lesson about how to win a discrimination case. Catherine Wilson, an African-American female, worked as a part-time crew member at a Cincinnati Chipotle. Her reviews listed her as a “low performer,” and her supervisors counseled her about her “attitude.” Wilson requested, and was denied, a 10-day leave of absence to go to Disney World. Because of her insistence for the time off, however, her manager took her off the schedule for those 10 days and considered…
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    Privacy Law Blog

  • California Breaks New Ground in Education Privacy Law with K-12 Student Data Privacy Bill

    Maritza Jean-Louis
    17 Sep 2014 | 11:14 am
    Maritza Jean-Louis A substantial rise in schools’ use of online educational technology products has caused educators to become increasingly reliant on these products to develop their curricula, deliver materials to students in real time, and monitor students’ progress and learning habits through the collection of data by third-party cloud computing service providers.  Unfortunately, with these advances come the data security concerns that go hand-in-hand with cloud computing—such as data breaches, hacking, spyware, and the potential misappropriation or misuse of sensitive personal…
  • 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.
 
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    Lawyers, Guns & Money

  • Henley

    Robert Farley
    21 Sep 2014 | 4:08 pm
    Jim Henley needs our help.
  • The Week In Gregg Easterbrook

    Scott Lemieux
    21 Sep 2014 | 2:46 pm
    Magary has already spotted Easterbrook’s argument that a banal last-minute kneel-down “was the most exciting NCAA play TMQ has seen in years.” Amazingly, I don’t even think that was the most ridiculous thing in the column this week. For example: Then there’s Kaepernick. He is a gifted athlete who has an engaging personal story, and he looks great naked. (In consecutive offseasons, Kaepernick has stripped to pose for magazine covers.) But increasingly it seems he is in over his head as an NFL quarterback. The nude photograph thing speaks for itself (particularly…
  • Mariota

    Robert Farley
    21 Sep 2014 | 10:12 am
    I struggle to stay awake past eleven, so watching the Ducks 7:30 PDT start was a struggle even for a dire fanatic such as myself.  I think the fact of the late start, combined with the fact that the Ducks struggled to put the Cougars away, is obscuring just how remarkable of a game Marcus Mariota played.  Despite being sacked seven times, he went 21 for 25 with five touchdowns, and ran for 58 yards on 13 carries. Hell of a performance.
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    Lawyers.com Blog

  • Should I have a Power of Attorney for my aging mother?

    21 Sep 2014 | 1:20 pm
    Q. A year ago my mom fell and broke her femur, I also think there is more health issues. She cannot live alone anymore. I've been with her seven months it was to be one month only, she doesn't want a nurse and she doesn't want to sell her home. I have my own family to go home to, I need help please. I don't know what to do anymore she is being very selfish and uncaring of me and my family. she wants what she wants. Can you please help me. A. I would consult with a local elder law attorney. You have no obligation to take on such a role, especially if it is detrimental to your health. You can…
  • Can I become my aunt's power of attorney?

    21 Sep 2014 | 1:09 pm
    Q. Is it possible that i can become my aunt power of attorney? Her mental state of mind is going downhill and she has no children. The friend that she was staying with just recently died. He was the one that took care of her. Helped her pay her bills and keep up with her hygiene. Right now she is staying with me but i don't feel as though I am capable of taking care of her myself. A. Yes, I assume you can become the agent on a Power of Attorney for your aunt, unless there is some reason you cannot. A General Durable Power of Attorney (GDPOA) is probably recommended but you really need to sit…
  • PUBLIC INTOXICATION ON PRIVATE PROPERTY?

    21 Sep 2014 | 12:38 pm
    Q: If I am arrested for public drunkenness and disorderly conduct, can I fight it? I was on private property, was not read Miranda rights. A: Miranda warnings do not apply if you were not interrogated. Yes, you can fight the case. You should talk to an attorney as there may be an alternative available for you. If you fight the case, hire a court reporter to record the testimony if it is not electronically recorded by the court. Generally, you cannot be convicted of public intoxication if the conduct was not done in public. If your actions on the private property were visible to the public, or…
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    Connecticut Employment Law Blog

  • 56 Million Reasons Why Your HR Department Needs Better Data Security

    Daniel Schwartz
    18 Sep 2014 | 6:10 pm
    Real hackers are more fearsome than this one. Okay, okay.  I realize the headline is a bit misleading.  But it isn’t every day that you hear about a data breach at Home Depot in which 56 MILLION credit cards may have been hacked. To put that into perspective, that’s 16 million MORE than the infamous Target breach! But this is an employment law blog, not a shopping one. So, why does this matter to human resources professionals and companies? Because if hackers can access credit card information, they are going to try to hack into your work files. It isn’t a matter of…
  • “Consider” This Important: Employment Contracts Are a Two-Way Street

    Daniel Schwartz
    17 Sep 2014 | 7:26 am
    My colleague Chris Engler reports today on a new Connecticut Appellate Court case that focuses on a often misunderstood concept in employment contracts — the need for “consideration”.  What was it that Dire Straits’ sang about in the 1980s? Getting “Money for Nothing”? We’ve all been told that you can’t get something for nothing.  That lesson was reiterated in a new case by the Appellate Court due to be officially released next week.  The Facts As told by the Court, the facts of the case,  Thoma v. Oxford Performance Materials, Inc., revolve…
  • 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…
 
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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

  • Bullying of Kids With Disabilities - Part II

    Jim Gerl
    19 Sep 2014 | 8:44 am
    Some states of the United States have implemented laws to address school bullying.  (Photo credit: Wikipedia)Bullying remains a hot button issue in special education law. This is the second post in the current series on this topic.  In the last post, I discussed some of the key cases finding that bullying of children with disabilities can be a violation of the Individuals with Disabilities Education Act (or IDEA as we often refer to it here.)  With that analytic basis, we now turn to a more recent court decision.(NOTE: What follows is a discussion of TK I.
  • Breaking: Secretary Duncan Offers Guidance to Educators Concerning Undocumented Students

    Jim Gerl
    17 Sep 2014 | 2:21 pm
    English: Seal of the United States Department of Homeland Security. (Photo credit: Wikipedia)Two years ago, the Department of Homeland Security began offering the opportunity for young people to request consideration for Deferred Action for Childhood Arrivals (DACA) and obtain temporary relief from removal from the United States.  Over 580,800 young people from all over the world have received DACA since 2012. Today, current and former students who requested DACA beginning in 2012 are now becoming able to request consideration for renewal of DACA. Secretary Duncan…
  • 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
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    Drug Injury Watch

  • Testosterone Drugs FDA Meeting In September 2014 Reveals That The Safety Of Products Like Axiron, AndroGel, And Testim Is Uncertain Or Unknown At Present Time

    Tom Lamb
    19 Sep 2014 | 2:35 pm
    Key Advisory Panel Member Concedes It Is Medically Plausible That Testosterone Replacement Therapy Can Be Associated With Heart Attacks / Strokes Side Effects (Posted by Tom Lamb at DrugInjuryWatch.com On September 17, 2014 members of the FDA's Bone, Reproductive and Urologic Drugs and Drug Safety and Risk Management advisory panels considered the issue of whether the popular testosterone products Axiron, AndroGel, and Testim, as well as other so-called "Low-T" drugs, are safe.  Not surprising -- but certainly unsettling -- was the outcome of their discussions, which was essentially that…
  • 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 DrugInjuryWatch.com 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 DrugInjuryWatch.com 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…
 
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    Bankruptcy Home Blog

  • Am I a good candidate for bankruptcy?

    Beth
    20 Sep 2014 | 9:49 am
    Visit www.bankruptcyhome.com for the original content posted here, Am I a good candidate for bankruptcy? Many debtors start the bankruptcy process without understanding what bankruptcy can and cannot do for them. Filing bankruptcy is a serious decision with serious ramifications, and it is not the right solution for everyone. Recently on our bankruptcy forum we … Continue reading →
  • Can I file bankruptcy on my own?

    Beth
    10 Sep 2014 | 5:13 am
    Visit www.bankruptcyhome.com 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?

    Beth
    25 Aug 2014 | 9:44 am
    Visit www.bankruptcyhome.com 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 →
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    Asbestos HUB

  • Mesothelioma / Asbestos Lung Cancer / Asbestosis: The Basic Facts About These Asbestos-Related Diseases

    Tom Lamb
    18 Sep 2014 | 1:39 pm
    An estimated 2,000-3,000 new cases of malignant mesothelioma are diagnosed each year in the US. Malignant mesothelioma is most often diagnosed in people over 50; more often in men than women; and, the risk increases with age. There are 3 types of malignant mesothelioma: Pleural Mesothelioma, which accounts for 75% of cases and starts in the chest cavity Peritoneal Mesothelioma, which accounts for about 10-20% of cases and starts in the abdomen Pericardial Mesothelioma, which is rare and starts in the heart Workers exposed to asbestos in the past are at risk for developing mesothelioma,…
  • 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…
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    Undercover Lawyer

  • New Hostile Workplace Book Cover Reveal: How You Voted

    UndercoverLawyer
    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

    UndercoverLawyer
    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?

    UndercoverLawyer
    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

  • New York Court rules Facebook may be used for service

    Kevin O'Keefe
    20 Sep 2014 | 9:21 pm
    Social media is establishing itself as an effective and reliable means of communication in this country. Even on legal matters. A New York Family Court Magistrate has ruled that a Staten Island man may use Facebook to serve his ex-wife legal notice that his child support payments should cease upon his son turning 21. Per the New York Post, the Court ruled that Noel Biscocho could use Facebook to serve Anna Maria Antigua because other more traditional methods of service did not work. Antigua moved and left no forwarding address. A Google search proved fruitless. At the same time, she…
  • Top 10 in Law Blogs: BYOD Policy Tips, HR Data Privacy, JOBS Act

    Colin O'Keefe
    19 Sep 2014 | 5:30 pm
    It’s crazy just how much of an issue data security is growing to be. Though, considering the fact that there’s data for everything now, it isn’t surprising. But with that in mind, think about HR—and how much more careful the average department needs to be. Daniel Schwartz touches on that subject today. Have a great weekend, everyone. FTC Public Workshop On Big-Data Discrimination: Assessing the Current Environment – Seattle lawyer Dan Harris of Harris & Moure on the firm’s China Law Blog What to Expect From President Obama’s Executive Order on “Drone”…
  • E-Discovery and Restructuring: New Blogs Joining the LexBlog Network

    Colin O'Keefe
    19 Sep 2014 | 4:35 pm
    As we close up shop on another Seattle day that’s making it feel like summer will last forever, it’s time to again look at the new blogs joining our ranks this week. This week, we have a pair from two law firms that have been growing out their blog networks for a long, long time. First up, we have a blog in an area I honestly wish we had more publications—that’s The E-Discovery Stage from Fox Rothschild. In an age when data is everywhere, and increasingly more important in litigation, look for this blog to be a valuable resource. They’re already off to a strong start…
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    Securities Docket

  • Securities Docket News Wire for September 19, 2014

    Securities Docket
    20 Sep 2014 | 5:55 am
    Home Depot Breach Was Bigger Than Target's — WSJ Video http://t.co/tOHQeWfP1z -> TRACE’s List of Top 5 Most Colorful Projects to Raise Anti-Bribery Awareness « TRACE blog http://t.co/B4oSSZ38em -> Fantex Signs Chicago Bears' Alshon Jeffery for an I.P.O. – http://t.co/HeZK5dmn68 http://t.co/y0rQm6YoCr -> Why Is It So Hard for Uncle Sam to Collect Fines From Wall Street Swindlers? – Law Blog – WSJ http://t.co/4wuY59Lwkr -> Judge Awards $40.7 Million in SEC Case Over Bitcoin Ponzi Scheme | Re/code http://t.co/S1IrZPlHiH -> Oxfam America Sues SEC Over…
  • Judge Awards $40.7 Million in SEC Case Over Bitcoin Ponzi Scheme | Re/code

    Securities Docket
    19 Sep 2014 | 12:17 pm
    A U.S. federal judge in Texas ordered Bitcoin Savings and Trust and its owner to pay a combined $40.7 million after the Securities and Exchange Commission established that the company, which sold investments using the virtual currency, was a Ponzi scheme. via Judge Awards $40.7 Million in SEC Case Over Bitcoin Ponzi Scheme | Re/code
  • Why Is It So Hard for Uncle Sam to Collect Fines From Wall Street Swindlers? – Law Blog – WSJ

    Securities Docket
    19 Sep 2014 | 12:16 pm
    Government watchdogs have been very successful in going after market malefactors by one key count: the total amount of fines over the past decades has tripled. They’ve been much less successful by a different metric: how much of those fines they’ve been able to collect. via Why Is It So Hard for Uncle Sam to Collect Fines From Wall Street Swindlers? – Law Blog – WSJ
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    theCPLRblog

  • Traffic Tickets

    David M. Gottlieb
    18 Sep 2014 | 5:51 am
    Matter of Matter of Nestle Waters N. Am., Inc. v City of New York, 2014 NY Slip Op 05609 [1st Dept. 2014] The Court of Appeals has required strict compliance with the requirements of VTL § 238(2). For example, in Ryder Truck Rental, the Court of Appeals reversed the Appellate Division and reinstated the Supreme Court's decision annulling a PVB Appeals Board decision which upheld notices of violation that failed to include the expiration date for the vehicle's registration, as required by the statute. The Court said: "The provisions explicitly prescribed by the Legislature in…
  • counsel were primarily engaged in claims handling [CPLR 3126]

    David M. Gottlieb
    17 Sep 2014 | 10:29 am
    CPLR 3126 National Union Fire Ins. Co. of Pittsburgh, Pennsylvania v TransCanada Energy USA, Inc., 19 AD3d 492 [1st Dept. 2014] The record shows that the insurance companies retained counsel to provide a coverage opinion, i.e. an opinion as to whether the insurance companies should pay or deny the claims. Further, the record shows that counsel were primarily engaged in claims handling—an ordinary business activity for an insurance company. Documents prepared in the ordinary course of an insurer's investigation of whether to pay or deny a claim are not privileged, and do not become so…
  • CPLR 2003

    David M. Gottlieb
    17 Sep 2014 | 10:26 am
    CPLR 2003 Mooring Capital Fund, LLC v Bronx Miracle Gospel Tabernacle, Inc., 119 AD3d 490 [1st Dept. 2014] In the order on appeal, Bronx Miracle's fourth motion was granted. Citing CPLR 2003, the motion court (Aarons, J.), reasoned that a discrepancy between the foreclosure Referee's testimony that the property was sold on October 18, 2010 and the Memorandum of Sale on which the date of July 15, 2010 is typewritten was sufficient to set aside the sale, pursuant to the court's equitable powers to prevent fraud, collusion, mistake or misconduct. We reverse, and deny the motion.
  • This is often ignored

    David M. Gottlieb
    17 Sep 2014 | 10:17 am
    CPLR 3212 Hecht v Saccoccio, 014 NY Slip Op 05628 [2nd Dept. 2014] To demonstrate prima facie entitlement to judgment as a matter of law in a premises liability case, a defendant owner must establish that it did not create the condition that allegedly caused the fall or have actual or constructive notice of that condition (see Gordon v American Museum of Natural History, 67 NY2d 836, 837). Only after the defendant has satisfied his or her threshold burden will the court examine the sufficiency of the plaintiff's opposition (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851). On a…
  • CPLR § 5205

    David M. Gottlieb
    17 Sep 2014 | 10:13 am
    CPLR 5205(j)(2) Country Bank v Broderick, 2014 NY Slip Op 05621 [2nd Dept. 2014] The Supreme Court providently exercised its discretion in granting the plaintiff's motion pursuant to CPLR 5240 for a determination that the funds sought to be levied upon—college savings accounts established under the laws of the State of New Hampshire (see NH Rev Stat Ann, ch 195-H)—are not exempt from levy in connection with the satisfaction of an underlying Connecticut money judgment that was docketed in New York pursuant to CPLR 5402. The parties do not dispute that the protection from creditors…
 
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    HealthBlawg :: David Harlow's Health Care Law Blog

  • Waiting for HIPAA Clarity? Who Has Time?

    David Harlow
    17 Sep 2014 | 5:59 am
    We've Moved! Update your Reader Now. This feed has moved to: http://feeds.healthblawg.com/healthblawg Update your reader now with this changed subscription address to get your latest updates from us. http://feeds.healthblawg.com/healthblawg
  • 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: http://feeds.healthblawg.com/healthblawg Update your reader now with this changed subscription address to get your latest updates from us. http://feeds.healthblawg.com/healthblawg
  • OCR Audits: The Skinny

    David Harlow
    9 Sep 2014 | 11:44 am
    We've Moved! Update your Reader Now. This feed has moved to: http://feeds.healthblawg.com/healthblawg Update your reader now with this changed subscription address to get your latest updates from us. http://feeds.healthblawg.com/healthblawg
  • 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: http://feeds.healthblawg.com/healthblawg Update your reader now with this changed subscription address to get your latest updates from us. http://feeds.healthblawg.com/healthblawg
  • 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: http://feeds.healthblawg.com/healthblawg Update your reader now with this changed subscription address to get your latest updates from us. http://feeds.healthblawg.com/healthblawg
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    P.I.S.S.D. -- Personal Injury, Social Security Disability. Dallas Texas Lawyers

  • National Prescription Drug Take Back Day is September 27

    Bob Kraft
    21 Sep 2014 | 7:37 am
    The Drug Enforcement Agency is sponsoring a National Prescription Drug Take Back Day, scheduled for September 27, 2014, from 10:00 a.m. to 2:00 p.m. On that day you can take medications to various locations for safe disposal. This is much better than throwing pills in the trash or flushing them down the toilet. Please visit this page to find a location near you.
  • Death Toll from Faulty GM Ignition Switches Increases to 19

    Bob Kraft
    20 Sep 2014 | 7:22 am
    In its lead story, the CBS Evening News reported that the “defective” GM ignition switches “did more harm than we knew,” as the death toll on Monday was raised from 13 to 19. The new toll “came from Ken Feinberg, who is in charge of GM’s victim compensation process.” He has “received a total of 125 death claims,” and since some are “still being evaluated,” the death toll is “expected to grow.” NBC Nightly News reported that Feinberg, “who handled claims after 9/11, after the BP oil spill and other high profile incidents, says he has received 125 death claims…
  • Friday Fun

    Bob Kraft
    19 Sep 2014 | 2:45 am
    Can a turtle be a Super-Hero? This one saved a companion who had fallen on its back.
  • What To Do If You Are Accused of DUI

    Bob Kraft
    18 Sep 2014 | 7:41 am
    For those who have been recently charged with a DUI, it is no lightweight charge you can just dismiss on your own. DUI charges are extremely serious charges – they can result in jail time. DUIs are frequently given for those under the influence of alcohol, but this is a misconception. Any consciousness-changing material that will leave one incapable of driving, including prescription drugs, is considered DUI. DUI charges were once considered comparatively mild violations, but this has transformed in recent decades. Now, a DUI charge requires the help of a criminal lawyer in every case…
  • Five National Programs that Help U.S. Lawyers Get Involved with Pro Bono Work

    Bob Kraft
    17 Sep 2014 | 6:59 am
    Whether you run a small law firm of your own, or work within a large legal association, you probably have heard about the importance of doing pro bono legal work. Some corporations like to participate in this type of work in order to improve their reputation within the community, while recent law-school graduates use this as a chance to gain experience. No matter the reason for doing pro bono work, most legal professionals know how important and rewarding it is. However, busy lawyers find that it is tough to find time to get involved with a pro bono project, especially one that is available…
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    Marquette University Law School Faculty Blog

  • Professor Edwards Speaks to the Marquette Legal Writing Society

    Melissa L. Greipp
    18 Sep 2014 | 4:12 pm
    Yesterday, Professor Linda Edwards, the Robert F. Boden Visiting Professor of Law, spoke to the Marquette Legal Writing Society about her work and interest in legal writing. This semester Professor Edwards is teaching a course on the great briefs.  Each week students study a brief to determine what made the brief successful—what made it sing, as she said.  Among her favorite briefs are the petitioner’s briefs in Miranda v. Arizona and in Bowers v. Hardwick.  Professor Edwards recommended reading and studying good briefs as a way for an advocate to advance his or her own persuasive…
  • The Howard Fuller You Probably Don’t Know: An Advocate’s Remarkable Life

    Alan J. Borsuk
    18 Sep 2014 | 3:13 pm
    Fifty-five minutes into Thursday’s one-hour “On the Issues with Mike Gousha” program, prominent education advocate Howard Fuller finally began talking about the last 20 years of his life. Because the conversation was dragging on? Definitely not. It was because Fuller has led such a remarkable life, with so many chapters (and so many stories to tell) that talking about earlier years was appealing and confining even a well-paced interview to an hour was hard. Many people in Milwaukee associate Fuller with his nationally significant role as an advocate for private school vouchers and…
  • Brutality Touches Down at Home

    Judith G. McMullen
    18 Sep 2014 | 11:42 am
    Anyone living in the United States who has watched TV in the last two weeks is undoubtedly aware that the NFL is in the midst of a storm of bad publicity. First, we saw the chilling videotape of Baltimore Ravens running back Ray Rice delivering a punch to the head that knocked out his then-fiancée (now wife) Janay Palmer, and then roughly dragging her off the elevator and dropping her like a sack of potatoes on the floor. Only days later, the Minnesota Vikings found themselves in the midst of a similar scandal when their star running back Adrian Peterson was charged with felony child abuse…
  • New Marquette Law School Poll Puts Enthusiasm of Voters in Spotlight

    Alan J. Borsuk
    17 Sep 2014 | 2:27 pm
    How important is enthusiasm among voters in determining the outcome of an election? Very, and the closer the election, the more important enthusiasm usually is because it indicates who will actually turn out to vote. So how important are the “enthusiasm” results in the Marquette Law School Poll released Wednesday? That remains to be seen, starting with keeping an eye on the remaining rounds of polls that will be released before the Nov. 4 election. But it is a sure bet that people working in the campaigns of Republican Gov. Scott Walker and his Democratic challenger, Mary Burke, are…
  • Congratulations to AWL Scholarship Winners Cavey and LaFond

    Lisa A. Mazzie
    17 Sep 2014 | 6:20 am
    On Tuesday, September 16, 2014, the Milwaukee Association for Women Lawyers (AWL) Foundation honored two Marquette University Law School students with scholarships. Britteny LaFond, 3L (pictured at left), received the AWL Foundation scholarship. The AWL Foundation Scholarship is awarded to a woman who has exhibited service to others, diversity, compelling financial need, academic achievement, unique life experiences (such as overcoming obstacles to attend or continue law school), and advancement of women in the profession. LaFond grew up in a small Wisconsin town, never, in her words, seeing…
 
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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 points to understand about California's new requirements for sexual harassment training

    Anthony Zaller
    19 Sep 2014 | 11:36 am
    AB 2053 was signed into law by Governor Brown, and as of January 1, 2015, employers have to comply with new obligations regarding the sexual harassment training already required for some employers under California law.  Here are five issues employers should understand about AB 2053.  1. What are employer’s current obligations to have supervisors attend sexual harassment prevention training before AB 2053 was passed? In California, employers with 50 or more workers must provide at least two hours of sexual harassment prevention training to all supervisors. This training must be…
  • 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…
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    The Rainmaker Blog

  • Tips for Improving Your Client Retention Rates

    Stephen Fairley
    19 Sep 2014 | 4:42 pm
    Client retention consultancy Sparked counts some of the world’s most successful brands as its clients, including Microsoft, Google, Kraft, SAP, Barclays and more.  So it’s worth lending an ear when they release research that shows a mere 5% increase in a company’s client retention rate can increase profits by as much as 95%. Many firms don’t place much emphasis on client retention, believing such fallacies as one or two poor experiences can jettison a relationship (actually, clients leave because of poor performance overall, not just a few isolated…
  • How to Improve Your Lead Conversions Rate: The Process

    Stephen Fairley
    18 Sep 2014 | 3:45 pm
    At the Rainmaker Institute, we have established a working process for lead conversion that is being used successfully by thousands of attorneys across the country.  It begins with understanding the five stages of lead conversion: The number of leads that come into your firm. The number of leads that make appointments. The number of appointments who actually show up for a consultation. The number of appointments who sign up for your legal services at the initial consultation. The number of appointments who sign up at some later time after the initial consultation. To be effective at lead…
  • How to Build Your Firm Using Thought Leadership

    Stephen Fairley
    17 Sep 2014 | 3:56 pm
    Hinge Marketing, which provides marketing expertise for professional services firms, has just released a new book entitled The Visible Expert, which is based on their research into how reputations are built and what they contribute to a firm’s bottom line. Their extensive research has shown that thought leadership -- i.e., visible expertise -- is a significant driver for business development in professional services firms.  Hinge conducted an exhaustive survey of more than 1,000 purchasers of professional services as well as 130 thought leaders. When it comes to the impact of…
  • How to Become the Go-To Legal Quote Source for the Media

    Stephen Fairley
    16 Sep 2014 | 4:20 pm
    Every lawyer I know would love to be quoted in the media on an important topic for their practice area.  And why not?  It usually costs you nothing but a little time, and you get viewed as the expert in your field, in your town. So how can you become that go-to person for the media? Learn tips and tricks of the trade from 30-year PR veteran Jana Schilder, who is co-founder of The Legal A Team specializing in public relations for the legal profession, at a free webinar on Tuesday, Sept. 23 at 1 p.m. ET/10 a.m. PT on How to Get Quoted in the Media on a Shoestring Budget. Jana was…
  • New Competition for Law Firms: Their Own Clients

    Stephen Fairley
    15 Sep 2014 | 2:15 pm
    An article at WSJ.com 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…
 
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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

  • 8 Mind-Blowing Basic Things About The Justice System You Won’t Learn From The Media

    Gideon
    17 Sep 2014 | 4:00 am
    Mind-blowing: Literally In fact, if this is not you after reading this post, you should ask for your money back: So without further adieu, here are, in some random order, 6 basic truths about the criminal justice system you won’t learn by reading mainstream media: 1. Everyone pleads not guilty. Everyone. By everyone I mean everrrryone1. You get arrested, you show up in court, you plead not guilty. Next. It’s as routine as tying your shoelaces. Even if you were caught red handed with 47 cameras trained on you, 230 eyewitnesses, 17 confessions signed in blood and the eyeball of your…
  • More than 3.5 million reasons why the death penalty should be abolished

    Gideon
    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

    Gideon
    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

    Gideon
    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.

    Gideon
    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”,…
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    Federal Employment Law Articles

  • Workplace Safety and Health Update

    18 Sep 2014 | 10:00 pm
    We are pleased to bring you our Workplace Safety and Health Update. With experienced OSHA and MSHA attorneys located strategically throughout the nation, Jackson Lewis is uniquely positioned to serve all of an employer’s workplace safety and health needs.
  • The EEOC has been a busy bee this week. (It stings!)

    18 Sep 2014 | 10:00 pm
    The Equal Employment Opportunity Commission has been on a tear this week, suing employers right and left, and getting some “wins” including a couple of big settlements . . .
  • Yes, employers, you can win a transgender discrimination suit

    18 Sep 2014 | 10:00 pm
    A recent decision from a federal court in Georgia provides an excellent illustration about how employers can win summary judgment (dismissal before a jury trial) even in cases as sensitive as those alleging discrimination based on gender identity.
  • OSHA Announces Final Rule On Recording Requirements

    18 Sep 2014 | 10:00 pm
    On September 11, 2014, OSHA released its final rule for Occupational Injury and Illness Recording and Reporting Requirements. The rule, which takes effect on January 1, 2015, makes two important changes that tighten OSHA’s presently relaxed reporting requirements.
  • Not Just Minimum Wage: Proposed Paid Sick Leave Laws on the Rise, Too

    18 Sep 2014 | 10:00 pm
    Earlier this month, we told you about California’s new statewide sick leave law, which Governor Brown subsequently signed. While minimum wage increases seem to be getting the lion’s share of the press right now, proposed paid sick leave laws are on the rise nationwide, too. Connecticut is the only other state that grants paid sick leave (since 2012) and just passed more tweaks to it to guarantee at least some annual paid sick leave for most full and part-time employees. Overall, California’s law is the tenth in the nation when you count those at the state or local level that requires…
 
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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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    Slaw

  • The Trouble With Kerning and Spacing

    Omar Ha-Redeye
    21 Sep 2014 | 2:31 pm
    Writing clearly and concisely is a goal that often eludes lawyers, especially when writing factums. Justice Barbier of the United States District Court Eastern District of Louisiana ruled on a motion on Sept. 15, 2014 in the complex litigation surrounding the BP oil spill, In re: Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico, on April 20, 2010. Although denying the motion, Justice Barbier commented on the response by BP, in particular in their formatting: …the Court must address the format of BP’s opposition memorandum. The briefing order allowed BP’s…
  • Summaries Sunday: SOQUIJ

    Administrator
    21 Sep 2014 | 4:00 am
    Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec. PÉNAL (DROIT: Une enseignante ayant exploité sexuellement un adolescent doit être punie comme le serait un professeur ayant eu les mêmes gestes envers une élève; en l’espèce, il y a lieu de condamner l’accusée, reconnue coupable notamment d’agression sexuelle à…
  • Summaries Sunday: Maritime Law Book

    Administrator
    21 Sep 2014 | 4:00 am
    Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca. This week’s summaries concern: Civil Rights / Constitutional Law / Statutes / Trade Regulation R. v. P.C. 2014 ONCA 577 Civil Rights Summary: The accused, a young offender at the time, was tried by a judge and jury and found guilty of manslaughter. The accused wished to appeal his conviction, but lacked the resources to retain counsel. He filed an appeal…
  • Cyberbullying, Social Media Networks and Sentencing: The Alberta Court of Appeal Strikes a Hard Blow in R v Mackie

    Guest Blogger
    19 Sep 2014 | 6:00 am
    How should the courts determine appropriate sentences for online predators who victimize vulnerable children through various forms of cyberbullying? This was the question put squarely to the Alberta Court of Appeal in R v Mackie 2014 ABCA 221. Background Statistics Canada reported this summer that the traditional crime rate in Canada fell 8% from 2012 to 2013, reaching its lowest level since 1969. But this general decline in crime rates overshadows a disturbing countertrend – the rise in online crimes against children. Crimes constituting sexual violations against children increased 6% from…
  • The Friday Fillip: Venom and Vanity

    Simon Fodden
    19 Sep 2014 | 4:00 am
    Here’s an incongruity — at least it seems so to me. The world’s most expensive substance is used in one of the most trivial ways possible. The substance? Botulinum toxin, commonly known as Botox. The BBC says it costs £100 trillion (C$182 trillion) per kilo — yes, that’s trillion. And people buy it to inject into their faces so that (they think) we won’t think they’re as old as they really are. Moreover, a third branch in the incongruity (if such things can have a tertium quid) is the fact that gram for gram it’s the deadliest substance known…
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    Virtual Law Practice

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

    slkimbro
    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

    slkimbro
    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

    slkimbro
    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

    slkimbro
    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

    slkimbro
    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

  • Employer Isn’t Liable When Former Employee Linked His Apple Accounts To Its Devices–Sunbelt v. Victor

    Venkat Balasubramani
    18 Sep 2014 | 12:15 pm
    Victor worked at Sunbelt as a sales rep but left to join a competitor. His former employer is suing him for trade secret misappropriation. Victor asserted privacy-based counterclaims. Sunbelt assigned him an iPhone and an iPad. He created an Apple account linked to both devices. He returned the devices upon termination. He received an iPhone and iPad from his new employer, but when he went to link the iPad to his Apple account, he discovered that the previous phone was still linked to his account. As a result, his text messages were transmitted to the iPhone he returned to Sunbelt. He sued…
  • Urban Outfitters’ Kent State T-Shirt Was Offensive But Probably Legal (Guest Blog Post)

    Eric Goldman
    18 Sep 2014 | 9:07 am
    By Tyler Ochoa As reported in various news outlets (including MSN and New York magazine), Urban Outfitters generated a storm of controversy on Twitter a few days ago, when it was discovered that it was offering for sale a “vintage” Kent State University sweatshirt, stained red in a manner that resembled blood spatter. In the wake of this mini-scandal, the question arose whether Kent State could successfully sue Urban Outfitters for trademark infringement or dilution. I seriously doubt that Kent State will file a legal action against Urban Outfitters. Urban Outfitters has already…
  • Texas Supreme Court Limits Reach of Pre-suit Discovery (Guest Blog Post)

    Eric Goldman
    16 Sep 2014 | 9:20 am
    [Eric's introduction: this guest blog post comes from Ed Cavazos of Bracewell & Giuliani in Austin, Texas, who I've known for 20 years. Ed was part of the first wave of lawyers and scholars focusing on Internet law, and he wrote the 1995 book Cyberspace and the Law: Your Rights and Duties in the On-Line World that was one of the leading early books on Internet Law (I still have it on my bookshelf). He has generously agreed to explain a potentially important ruling from Texas about anonymous online speech.] By Ed Cavazos The Texas Rules of Civil Procedure provide potential plaintiffs in…
  • 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…
 
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    The California Employment Law Blog by Mediator Steven G. Pearl

  • Castaneda v. The Ensign Group: Parent Corporation May Be Employer of Wholly Owned Subsidiary's Employees

    Steven G. Pearl
    17 Sep 2014 | 8:00 am
    In Castaneda v. The Ensign Group, Inc. (9/15/14) --- Cal.App.4th ---, plaintiff John Castaneda sued The Ensign Group, Inc. (Ensign) in a class action lawsuit alleging wage and hour violations. He alleged that Ensign was the alter ego of the Cabrillo Rehabilitation and Care Center (Cabrillo), the nursing facility where he worked. The trial court granted summary judgment for Ensign, holding that it was not Castaneda's employer as a matter of law. The Court of Appeal reversed, holding as follows: Under Martinez v. Combs (2010) 49 Cal.4th 35, Castaneda raised a triable issue of material fact as…
  • 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…
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    The Securities Law Blog

  • Townhall Meeting for Receivership Held in Palm Beach

    20 Sep 2014 | 2:51 pm
    Jim Sallah of Sallah Astarita & Cox, LLC is the court appointed receiver of a number of entities who are accused of being part of a $70 million Ponzi scheme. At a town hall meeting Jim spoke to investors to explain the receivership process, and the work that has been done so far.The Palm Beach Post has a video interview with Jim, explaining the process, and a lengthy article praising Jim, Sallah Astarita & Cox, and the rest of the receiver's team for the work done thus far.Jupiter Ponzi scheme investors get update at town hall meeting
  • Tennessee-Based Animal Feed Company Agrees to Pay $18 Million to Settle Accounting Fraud Case

    19 Sep 2014 | 10:16 am
    The SEC announced that a Tennessee-based animal feed company has agreed to pay back $18 million in illicit profits from an accounting fraud that resulted in an SEC enforcement action earlier this year.AgFeed Industries, which is currently in Chapter 11 bankruptcy, was charged by the SEC in March along with top company executives for repeatedly reporting fake revenues from the company’s China operations in order to meet financial targets and prop up AgFeed’s stock price.  The company obtained illicit gains in stock offerings to investors at the inflated prices resulting from…
  • 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…
 
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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…
  • Use RIMC and Dominate Your Construction Niche

    Christopher G. Hill
    10 Sep 2014 | 8:03 am
    Originally posted 2009-10-09 09:04:00. This week, Musings welcomes Mark Buckshon of the Construction Marketing Ideas blog to Guest Post Friday.  Mark publishes several regional construction industry newspapers and websites. He can be reached at 888-432-3555 ext 224 or by email at buckshon@cnrgp.com If you can imagine a table or structure which needs foundation “legs,” you will appreciate how to apply these four supporting construction marketing concepts. Properly measured and in alignment, all four will ensure your success, but you can get away with three (and in fact, your…
  • 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 Freefoto.com. 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…
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    CAFA Law Blog

  • An Unnamed Defendant Is Not A Party For Purposes of the “At Least 1 Defendant” Requirement for the Local Issue Controversy Exception

    cafalawblog@mcglinchey.com (McGlinchey Stafford PLLC)
    19 Sep 2014 | 3:03 am
    Quicken Loans v. Alig, 2013 WL 6671618 (4th Cir. Dec. 19, 2013). The Fourth Circuit vacated an order of remand, holding that an unnamed defendant is not a party to the litigation, and thus, it was improper for the District Court to aggregate the unnamed defendant in a group for the purposes of the “at least 1 defendant” exception. The plaintiffs were borrowers who filed an action in the state court against the mortgagee, a title insurance company, and appraisers alleging civil conspiracy, violation of the West Virginia Unfair or Deceptive Acts or Practices Act, violation of the…
  • Eighth Circuit Math 101: One + One + One = One Mass Action under CAFA

    cafalawblog@mcglinchey.com (McGlinchey Stafford PLLC)
    19 Sep 2014 | 3:00 am
    Atwell v Boston Scientific Corp., 2013 WL 6050762 (8th Cir. Nov. 18, 2013). In this appeal, the Eighth Circuit ruled that when three cases each with less than 100 members were joined together before a common judge for the purposes trial, it becomes a mass action for the purposes of CAFA.  Hence, a federal court can retain jurisdiction to hear an appeal of remand of a CAFA action. Groups of plaintiffs filed several product liability actions in the Missouri’s Twenty-Second (City of St. Louis) Judicial Circuit against four manufacturers of transvaginal mesh medical devices.  Each group…
  • Affirmative Defenses Have No Role in Determining the Amount in Controversy

    cafalawblog@mcglinchey.com (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

    cafalawblog@mcglinchey.com (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

    cafalawblog@mcglinchey.com (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…
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    Lowering the Bar

  • Suspension Likely for Lawyer Who Photoshopped Herself Into Celebrity Photos

    Kevin
    19 Sep 2014 | 12:36 pm
    Yes, it is goofy to show up for court dressed like Thomas Jefferson (see "I Am Incompetent, Lawyer Argues Unnecessarily" (Sept. 18)), but at least that guy didn't pretend he was Jefferson or that he and TJ were actually pals. He also didn't paint himself into a Jefferson portrait and use it as an endorsement, I'll give him that too. A few of many Not the first tale of misleading Photoshoppery I've told, but it is the first involving a lawyer. (This one, in which a lawyer put his face on the Lincoln Memorial, is not in the same category.) On September 11, California's State…
  • "I Am Incompetent!" Lawyer Argues Unnecessarily

    Kevin
    18 Sep 2014 | 12:25 pm
    Last Friday, Dennis Hawver argued to the Kansas Supreme Court that he should not be disbarred for his representation of Phillip Cheatham in a 2005 trial. As you may suspect, that trial that did not go well for the defense. Certainly, the fact that the defendant was sentenced to death, as well as several lengthy prison terms just in case, itself says nothing at all about the skill of the defense attorney. An attorney may provide entirely competent or even the best possible representation and yet the client may still lose. In fact, this happens to someone in pretty much every case. It's…
  • Assorted Stupidity #66

    Kevin
    18 Sep 2014 | 7:40 am
    You'd like to think people wouldn't need these reminders anymore, but let's try it one more time: (1) always wear your seatbelt, no matter where in the vehicle you're sitting; and (2) never light the driver's armpit hair on fire while the vehicle is in motion. Simple rules, too often ignored. Speaking of geniuses, Kent Easter was convicted the other day after being retried on false-imprisonment charges. He's the attorney who, along with his attorney wife, planted drugs in the car of a school volunteer to get back at her for some stupid kid-related thing. (She pleaded guilty last year.) You'd…
  • Good Reason to Kill #50: Would Not Buy a Hat

    Kevin
    17 Sep 2014 | 12:16 pm
    This case did not involve an angry hat-seller, but rather was an incident of domestic violence, which, I hasten to point out, is never funny except on the very rare occasions it is. According to WKRN in Nashville, a woman was arrested Saturday night after assaulting her husband outside Jimmy Buffett's Margaritaville (this was the Nashville Margaritaville, not one of the many other Margaritavilles in what turns out to be a frighteningly large and aggressively expanding Margaritaville Empire). Reportedly, the woman became furious after her husband refused to buy her a hat.
  • You're Not Fooling Anybody, Clown

    Kevin
    16 Sep 2014 | 5:44 pm
    Personally, I have no doubt this was a deliberate attack: Darlene B___ v. Jerusalem Temple Ancient Arabic Order of Nobles of the Mystic Shrine; Praetorian Insurance Company; Board of Supervisors for the University of Louisiana System; George Carden Circus International Inc.; THE Insurance Co., No. 2014-07176 G (New Orleans 7/22/2014) Personal injury action. Plaintiff injured her shoulder when she forcefully fell into the camel cage at defendants' circus after she was backed into by a clown. They've killed before.          Related…
 
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    Ohio Family Law Blog

  • Beta Marriage Concept – A Trial Union for 2 Years?

    Robert L. Mues
    20 Sep 2014 | 12:43 am
    Can Beta Marriage Avoid A Complicated Divorce? Time magazine recently published an article discussing the concept of a “beta marriage” and millennials.  For those unfamiliar with the word “Beta” let me explain.  In the tech world, the word “beta” is often affiliated with a trial period, in other words, it’s something that’s tested before it’s released or finalized.  For example, when a video game company is nearing the release of a new video game, they’ll often release a “beta version” to a select few individuals.  This version is played and enjoyed as if…
  • 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.
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    3 Geeks and a Law Blog

  • We Cannot Keep New Business Intake In a Vacuum

    18 Sep 2014 | 12:26 pm
    736-hp VW Golf Toby Brown and I have had a number of discussions over the past few months on how law firms gather information during the new business intake (NBI) process. Toby comments that all of the focus on NBI is process driven, and that we are speeding up the process, but not really doing a great job of creating better information that can help the firm create a competitive advantage at a later time. Very little in the NBI reform/reinvention process is about better data. It focuses more on faster input of information to speed up the time to open a new matter, thus creating a…
  • Let CI Be Your Guide

    12 Aug 2014 | 8:39 am
    Someone asked me recently why I think more and more law firms are creating CI roles or increasing their CI capacity, encouraging their BD and Library staff to work more closely so forth. I didn't really have a good answer on the spot, "cause it makes good business sense, or because market competition and consolidation is increasing" seemed all to obvious and do not address this specific moment in the evolution of the modern law firm.  Last month, I participated in a webinar presented by Ann Lee Gibson, long time law firm CI consultant as a part of the IntelCollab webinar series and…
  • The CIO Brain And Music… Not As Strange As It Sounds

    29 Jul 2014 | 12:14 pm
    For those of you that attend the ILTA conferences, you may be aware of the (in)famous band called Legal Bytes. Legal Bytes is the world's only band made up entirely of current and former Chief Information Officers from law firms. At this year's ILTA conference, Legal Bytes will actually be releasing a 12-song CD of original material called "Bright Lights… Big Data." The August 17th release at ILTA, presented by Recommind, will talk about the joys and pains (mostly pains) of managing technology in the BigLaw world. Our very own 3 Geeks' contributor, Scott Preston, is the…
  • Whither Change?

    21 Jul 2014 | 4:00 pm
    Image [cc] Moyan Brenn Three posts recently caught my eye. One was on the imminent demise of BigLaw. The other was on how small firms are about to have their day. In the third one Thomas Sager, the GC for Dupont takes GCs to task for not pushing hard for change from outside counsel. In his words, "Until that happens, I don't know how you are going to beat this." Right ... on all accounts? The impending doom and demise of BigLaw is getting to be a very old story. Old enough, we should all be asking; So when is this actually going to happen? The rise of small law post brought…
  • Texas Scold 'Em

    17 Jul 2014 | 2:00 am
    They say that everything is bigger in Texas.  Apparently that even includes self-deluding opinions. Yesterday, a friend pointed me toward an article in Texas Law Book entitled Get Wall Street Out of the Practice of Law. (Subscription Required) In this opinion piece, the author, a former Big Law partner and current Legal Communications Advisor, offers her own opinion on the Texas Bar Opinion No. 642.  Opinion 642 is the one that says that "Texas Law Firms" (Is that any firm with an office in Texas? Firms with offices only in Texas? Or, firms with headquarters in Texas?) cannot have…
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    The High-touch Legal Services® Blog...for Startups!

  • Consumer Non-disparagement Clauses Nixed in California

    Dana
    18 Sep 2014 | 10:32 am
    Earlier this month, Governor Brown approved California Assembly Bill No. 2365. This bill added Civil Code Section 1670.8, which prohibits non-disparagement clauses in consumer contracts. Statute Prohibits Non-disparagement Clauses Core protections are set forth in Subsection (a) of that statute. (1) A contract or proposed contract for the sale or lease of consumer goods or services may not include a provision waiving the consumer’s right to make any statement regarding the seller or lessor or its employees or agents, or concerning the goods or services. (2) It shall be unlawful to threaten…
  • URS – ICANN Offers Uniform Rapid Suspension against Cybersquatters

    Dana
    16 Sep 2014 | 4:25 pm
    I have written several times about ICANN’s longstanding Uniform Domain Name Dispute Resolution Policy (UDRP). This post discusses a more recent way to thwart some cybersquatters, namely, URS – Uniform Rapid Suspension. According to ICANN explains, URS exists to “provide rapid relief to trademark holders for the most clear-cut cases of infringement“. Furthermore, URS is cheaper and faster than UDRP. URS Speed and Burden of Proof Under the URS, the Complainant must prove three facts comparable to those to be proved under the UDRP. (i) The domain name is identical or…
  • LLCs: Why an Operating Agreement is Important

    Dana
    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

    Dana
    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

    Dana
    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…
 
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    Gamso - For the Defense

  • Stop Me Before I Comb Again - UPDATE

    19 Sep 2014 | 11:22 pm
    So you're hangin' in the neighborhood barbershop waiting for a chair to open so you can get a trim.  There are five, maybe six barbers working, a whole bunch of customers sitting around, talking, reading comics, the paper, old magazines.  School's starting soon, so there are a bunch of kids there.  Gonna get cleaned up for that first day of school.There's a couple of cops inside, dressed in civvies, just kind of looking around.  This is, after all, this barbershop is in a black neighborhood.  Or a Latino one.  So you gotta figure someone's dealing crack and…
  • So We Can Remember To Be Perfect From Now On

    18 Sep 2014 | 8:51 pm
    Tim Cole was 39 when he died from asthma-related heart issues in 1999.  He's buried at Mt. Olivet Cemetery in Fort Worth, which is where he's from.  But it's not where he died, and it's not where the story began. It began in 1985.  In Lubbock, hard by the campus of Texas Tech University.  That's where and when Michele Mallin, 20 years old, a student at Tech, was taken at knife point and raped.  Tim was 25.  He'd served a hitch in the army.  Now, he was following his sister's footsteps, going to Tech as she had.  He was working on a degree.
  • Constitution Day

    17 Sep 2014 | 7:30 pm
    You know these words.  If you're of a certain age - or a certain background, I suppose, you were required to memorize them.We the People of the United States, in Order to form a more perfect Union, establishJustice, insure domestic Tranquility, provide for the common defence, promote thegeneral Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, doordain and establish this Constitution for the United States of America. They were adopted, promulgated, "done in Convention" as it saysby the Unanimous Consent of the States present the Seventeenth Day of…
  • 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…
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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

  • Don’t Be Concerned About Being Served Papers Over Facebook

    Ben Snitkoff
    21 Sep 2014 | 3:33 am
    Slashdot, via the NY Post, have articles about a recent case from Staten Island where a judge allowed papers to be served over Facebook. The titles of the stories imply that this is a new day in service of legal papers. It is not. The judge in this case made an exception to the traditionally accepted modes of service because those all failed. It is not likely, as the Post says, that your, “next Facebook ‘poke’ could be from a process server.” (Unless you are friends with a process server who likes to poke you on Facebook. Then it’s decently likely.) More…
  • 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,…
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    Bitter Lawyer

  • 6 Biggest Civil Damage Claims Ever Made

    Gregory Luce
    19 Sep 2014 | 5:02 am
    In civil cases, a guy can certainly dream. And dream big. We’re not talking one hundred million dollar big, which is run of the mill, paltry even. Or $600 billion big, as in the amount thrown around in the Lehman bankruptcy. We’re talking trillions, decillions even. In our search for the biggest civil damage claims ever made in the U.S., we came up with an impressive short list. Not to say that any of the plaintiffs collected more than a dismissal, but some folks think big. If they think at all. 1$1.74 Trillion. Not a bad claim for a simple guy from Omaha. Seems that the plaintiff…
  • Superheroes of the Legal Profession: Sequestor

    Gregory Luce
    18 Sep 2014 | 9:11 am
      By day, Sequestor is a mild-mannered municipal bond lawyer based in Cleveland. When Twitter or the archvillain Ex Parte threaten to infiltrate a sequestered jury and wreakhavoc on justice or a DUI verdict, Sequestor is there. Along with his sidekick Bailiff Boy, Sequestor eliminates all forms of communications and can microherd jurors into the dreaded vortex breath zone that, once in place, secures communications with 380-terabit zenon encryption. Other powers include JIG mnemonics and superhuman echolocation, as well as deep knowledge of municipal bonds.   Damage: Alone,…
  • Five Legal Clients from Hell

    Gregory Luce
    18 Sep 2014 | 7:00 am
    Every lawyer has the type of client who is unreasonably demanding, annoyingly stupid, or practically worthless—and likely all three. The sooner you recognize you have one of these clients from hell the better. Because if you at least recognize that the client is the problem (isn’t that always true?), you can try to isolate the problem to make your day-to-day practice a little less hellish. At least that’s the theory. Here are five types of legal clients from hell. We bet at least two of them are in your client portfolio right now. 1. Pyrrhus Pyrrhus was a Greek general whose…
  • Lawyers, Do Not Let Your Client Ever Give A Deposition Like This Robin Thicke Deposition

    Lisa Needham
    17 Sep 2014 | 1:32 pm
    Perhaps you’ve dreamed your whole bitter lawyer life about landing a big fish sort of client. A Fortune 500 company, a baseball player, a celebrity, whatever. Someone that you could just slyly mention at your next hellacious networking event that you’ve been doing a little work for [fill in insanely famous person/company here] and everyone would choke on their crappy buffet appetizers because they’d be so jealous of you. Be careful what you wish for, because you might end up representing Robin Thicke, who will show up at a deposition and basically explain that he was far,…
  • 8 Awesome Answers to 8 Stupid Interview Questions

    Bitter Staff
    17 Sep 2014 | 5:17 am
    Oh, the interview. Thirty minutes of your life that will cause you to drink like you just took a Property I exam. Did I focus too much on my personal life? Did I relate my favorite baseball team with my volunteering at the local little league? Will the interviewer actually call my previous boss where I stated I was a valuable clerk when really I was just the coffee bitch? Interviews can  humiliate and dehumanize you. No worries however, Bitter Lawyer is here to help with honest answers for some of the most common interview questions. 1. Why did you go to law school? God if I know. I was…
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    Rochester Bankruptcy and Debt Relief

  • Banking After Bankruptcy

    alexkorotkin
    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

    alexkorotkin
    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

    alexkorotkin
    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

    alexkorotkin
    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

    alexkorotkin
    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

  • Social media has not killed “the spiral of silence”

    Douglas Keene
    19 Sep 2014 | 4:02 am
    We’ve blogged a fair amount on the impact of the internet and social networking on jurors but here is something unexpected. People that engage in social media are less likely to discuss heated topics in the news, not more likely. This is according to a recent Pew Research report. Back in 1974, Noelle-Neumann described the “spiral of silence” which basically describes a tendency to not speak up when we perceive our own beliefs and opinions to be in the minority. With the advent of intense social media involvement, researchers had hoped there would be more willingness to engage in…
  • The Disgust Scale: How have we missed this all this time?

    Rita Handrich
    17 Sep 2014 | 4:02 am
    We’ve covered a lot of the disgust research so it is curious to us that somehow we missed sharing the actual Disgust Scale with you earlier. The Disgust Scale was developed by the infamous Jonathan Haidt (his surname is pronounced “height”) back in 1994 before disgust was considered cool. In brief, the Disgust Scale was designed to “assess sensitivity to seven domains of potential disgust-eliciting stimuli (i.e., Food, Animals, Body Products, Sex, Body Envelope Violations, Death and Hygiene) and levels of Sympathetic Magic (i.e., beliefs about the transmission of contagion)”. The…
  • “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…
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    Karl Bayer's Disputing Blog

  • New AAA Consumer Arbitration Rules are Now in Effect

    Beth Graham
    18 Sep 2014 | 8:38 am
    On September 1st, new American Arbitration Association (AAA) Consumer Arbitration Rules went into effect. The 55 new rules reportedly replaced the eight Consumer-Related Disputes Supplementary Procedures that previously applied to consumer arbitrations filed with the organization.  The new rules apply to all arbitral cases filed after September 1, 2014. According to the AAA: The American Arbitration Association® (“AAA®,” “the Association”) applies the Consumer Arbitration Rules (“Rules”) to arbitration clauses in agreements between individual consumers and businesses where the…
  • Houston COA Orders All Parties to Arbitration in High Stakes Legal Malpractice Lawsuit

    Beth Graham
    17 Sep 2014 | 9:31 am
    Texas’ Fourteenth Court of Appeals in Houston has reversed a trial court’s order denying arbitration in a legal malpractice dispute. In Greenberg Traurig, LLP v. National American Ins. Co., National American Insurance Company (NAICO) retained the services of an attorney at Greenberg Traurig, LLP (Greenberg) to defend Okie Foundation Drilling Co., Inc. (Okie) in an appeal in an accidental death case. Although another attorney at Greenberg represented NAICO in a number of other matters since 2005, an agent for NAICO signed a flat fee retainer agreement in 2011 that was specifically related…
  • 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…
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    South Florida Lawyers

  • Narcissists, Psychopaths, & Sadists, Oh My!

    Godwhacker
    21 Sep 2014 | 5:49 am
    Psychology Today reported on a new study confirming what I already know; internet trolls really are just terrible human beings.In this month's issue of Personality and Individual Differences, a study was published that confirms what we all suspected: internet trolls are horrible people.  Let's start by getting our definitions straight. An internet troll is someone who comes into a discussion and posts comments designed to upset or disrupt the conversation. Often, it seems like there is no real purpose behind their comments except to upset everyone else involved. Trolls will lie,…
  • Caregiver? To The Truth, No Care Given

    Godwhacker
    20 Sep 2014 | 12:55 pm
    Joe Cardona managed to piss off both SFL and I today with this crap.At a quick glance (which is generally what most people give these questions in the voting booth) this statement would lead one to assume that “determined by a licensed Florida physician” means that doctors would write prescriptions for patients suffering from debilitating diseases. But in reality, prescriptions would not be required, but rather a doctor’s recommendation, which is a determination from a physician that an individual suffers from a chronic illness that can be helped by the use of marijuana. The amount of…
  • Friday Fodder -- Magistrate Judge Goodman and the Meet-and-Confer Requirement.

    South Florida Lawyers
    19 Sep 2014 | 9:12 am
    It's mind-boggling how much time and energy has been devoted to the intricacies of the meet-and-confer requirement -- something that is supposed to save us some time and energy.Perfect for a Friday, enjoy this nice rant on the topic:Local Rule 7.1(a)(3), “Pre‐Filing Conferences Required of Counsel,” requires, except in a few enumerated circumstances, that, prior to filing any motion, movant’s counsel must “make reasonable effort to confer (orally or in writing), with all parties or non‐parties who may be affected by the relief sought in the motion in a good faith effort to resolve…
  • What's Going On Over at Akerman?

    South Florida Lawyers
    18 Sep 2014 | 11:28 am
    Two recent Akerman items caught my eye:First, there was some kind of altercation over there over something:A man is suing Akerman, alleging he was severely injured when he was restrained by a security guard while at the law firm's Miami office for a deposition.Henry Tien of Miami filed the pro se lawsuit Sept. 5 in Miami federal court, alleging negligence by the Miami-based law firm.The complaint said Tien was ordered to attend the deposition by Akerman shareholder Michael Chavies. When Tien arrived on the 25th floor of the SunTrust International Center, he asked opposing attorney David…
  • Achilles Last Stand.

    South Florida Lawyers
    18 Sep 2014 | 7:00 am
    Ever wake up and just want to rip up everything in your path -- "destroyer of worlds" and all that?That's how I feel this morning.
 
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    eLessons Learned

  • Is Negligent Spoliation of Evidence Sufficient to Warrant Permissive Adverse Jury Instruction?

    dsodroski
    19 Sep 2014 | 6:00 am
    An employer doesn’t need an attorney to tell him or her that destroying evidence relevant to litigation may make the court very unhappy.  Often times, when a party acts in bad faith by intentionally destroying evidence, the court will impose a sanction such as an “adverse inference” jury instruction.  This type of instruction orders the [...]
  • Don’t Bite Off More Than You Can Chew: Requesting Party Does NOT Always Bear the Production Costs Related to E-Discovery

    dsodroski
    17 Sep 2014 | 6:00 am
    The plaintiff, Country Vintner, had an agreement with a winery (Esmeralda, who was not named a party to the action) to be the exclusive wholesaler of Alamos, which is an Argentinean wine, in North Carolina. A few years later, the defendant, Gallo, started supplying the wine to a variety of other wholesalers, but not to [...]
  • Judge Not Lest Ye Be Judged

    dsodroski
    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

    dsodroski
    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?

    dsodroski
    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 [...]
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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

  • Compliance Bricks and Mortar for September 19

    Doug Cornelius
    19 Sep 2014 | 5:00 am
    These are some of the compliance-related stories that recently caught my eye. The NFL’s True Problem: Misplaced Priorities Trumping Ethics & Compliance by Matt Kelly in Compliance Week Contrary to what you might believe lately, the National Football League does have an ethics & compliance program. What’s more, the program actually looks pretty good. Except, of course, for that small bit about deciding to have high standards in the first place. Is Funny Really the Right Tone for your Compliance Program? by Joel A. Rogers in Communicating Compliance For the past few years the debate…
  • Controls on Fee Deductions and Disbursements

    Doug Cornelius
    18 Sep 2014 | 5:18 am
    A recent action by the Securities and Exchange Commission caught my attention. The SEC charged a hedge fund manager with taking excess management fees. For a more exciting headline, the SEC press release says the excess fees were to “make lavish purchases.” Sean C. Cooper improperly withdrew more than $320,000 from a hedge fund he managed for San Francisco-based investment advisory firm West End Capital Management LLC. West End disclosed to clients that a 1.5% management fee is applicable and taken from their capital account balance. But Cooper took more than the permitted 1.5%.
  • 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…
 
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    Simmons Firm

  • Join the ADAO Mesothelioma Warrior Virtual Team

    Perry J. Browder
    18 Sep 2014 | 6:38 am
    Not everyone who supports mesothelioma awareness may be able to attend Miles for Meso on Sept. 27. The Asbestos Disease Awareness Organization (ADAO) provides a solution to this with its ADAO Mesothelioma Warrior Virtual Team. Although this is the race’s sixth year raising money for mesothelioma research and support organizations, this is the Mesothelioma Warrior Virtual Team’s first year. This virtual team allows those who cannot participate in the 6th Annual Miles for Meso to register a name that will be featured on other runners. This means that mesothelioma survivors, victims, or…
  • 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…
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    Texas Wills and Trusts Law Online

  • Tips for Designating IRA Beneficiaries

    Rania Combs
    19 Sep 2014 | 7:00 am
    Wendy S. Goffe wrote a great guest article on Forbes.com last week that offered tips to avoid problems that can result from incomplete or inaccurate IRA beneficiary designations. Below are her recommendations Name a primary beneficiary (or beneficiaries). Name an alternate beneficiary in case the first one dies before you. Don’t name your estate as the beneficiary. Review these forms once a year to make sure they still carry out your wishes. Update your forms more often if there has been a change in your life circumstances, such as a birth, adoption, marriage, divorce or death. Each time…
  • 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:
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    UsefulArts.us

  • Alibaba IPO Solidifies US / China Tech Duopoly

    Dave Wieneke
    20 Sep 2014 | 5:39 am
    Yesterday, the most anticipated tech IPO of the year established China’s largest e-commerce company, Alibaba Holding group, as a Wall Street powerhouse. Its stock closed the  day at $93.98 – setting t he firm’s market value $231 billion dollars, making it larger than Procter & Gamble. This Spring my a set of my graduate students at Northeastern University were assigned to follow the emergence of Chinese firms as Internet leaders. Each week they’d brief the course on emerging companies. Since one third of my students are international, and many are from China,…
  • Ads by Enterprise, Comcast and MBTA show disregard for customers

    Dave Wieneke
    7 Sep 2014 | 7:33 am
    Advertising is a merging of customer experience, public relations, and art. But rather than ennobling clients, these brands have ads that suggest their clients are perhaps a bit lacking. Our clients are sub-standard, so is our reward programEnterprise’s customer experience is a one I hold up as an example at conferences on service design, but their ad department really missed it here. Why tell customers they don’t rent like VIPs as part of promoting your loyalty program? Who’d want to be let in to a “VIP” program that let’s everyone in. This just brings to…
  • 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…
 
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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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    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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    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!

  • As Prince Harry Inherits From Diana's Estate, Troubling Questions Remain

    Danielle & Andy
    18 Sep 2014 | 5:34 am
    Prince Harry celebrated his 30th birthday earlier this week. His mother, the iconic Princess Diana, passed away over 17 years ago, following the tragic crash as Diana and Dodi Fayed sped away from paparazzi in France.  What was so special about Harry’s 30th birthday (other than the fact that he’s still single, to the delight of eligible women throughout England)?  That’s the day Harry became entitled to receive the remaining half of Princess Diana’s assets.   After Diana passed on August 31, 1997, her mother, Frances Ruth Shand Kydd, and her sister, Lady Elizabeth Sarah Lavinia…
  • 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…
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    UNWASHED ADVOCATE

  • Solar Storm Survival Guide

    Eric
    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!

    Eric
    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

    Eric
    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

    Eric
    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*

    Eric
    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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    Fashion Law | Fashion Lawyer | Fashion Law Firm | Fashionentlaw.com

  • #FashionLaw Attorney Uduak Oduok Featured on WomensiLab.com

    FASHIONENTLAW™
    18 Sep 2014 | 4:27 am
    Hey folks, I was recently featured on Womensilab.com as part of the ‘role models not runway models’ who walked designer Carrie Hammer’s show at the Fashion Law Institute’s Mercedes-Benz New York Fashion Week Spring/Summer 2015. Check on the writeup below. http://womensilab.com/2014/09/11/1354/ Cheers, Uduak Photocredit: Carrie Hammer
  • Sacramento Fashion Week Now Accepting Submissions for 2015 Presentation

    FASHIONENTLAW™
    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

    FASHIONENTLAW™
    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

    FASHIONENTLAW™
    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?

    FASHIONENTLAW™
    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…
 
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    Law and Daily Life

  • Legalese From A to Z: 5 Legal Terms Beginning With 'J'

    Daniel Taylor, Esq.
    21 Sep 2014 | 9:11 am
    To understand how the law applies to your situation, you first need to understand the specialized terms used by lawyers and judges to describe the law. Known as legalese, these legal words and phrases can often seem obscure or overly complex, but that's why we're here. Our ongoing series Legalese From A to Z breaks down these words, letter by letter. This week, we take a look at some legal terms beginning with the letter "J": Jail. Jails are just like prisons right? Actually there's a big difference between jail and prison. Jails are short-term facilities under the jurisdiction of a local…
  • 10 Laws You Should Know If You're in New York

    Brett Snider, Esq.
    20 Sep 2014 | 8:15 am
    Ah New York, there's really no way to fake the Empire State. And that's certainly true of its laws.But even if you're not a native New Yorker and are just visiting or passing through, you should definitely have a basic understanding of New York's legal structures. Don't be one of those out-of-town yokels who gets a ticket for texting while driving in Manhattan. Check out these 10 laws you should know if you're in New York: DWI threshold and consequences. You should avoid drinking and driving in any state, but a DWI in New York (where the legal blood-alcohol limit is 0.08 percent for drivers…
  • 5 Things a Domestic Violence Lawyer Can Do (That You Probably Can't)

    Daniel Taylor, Esq.
    19 Sep 2014 | 11:13 am
    Victims of domestic violence can often feel trapped in the situation because of the presence of children, a lack of resources, or simply fear of more severe abuse if the victim tries to leave. There are, of course, many self-help resources for victims of domestic violence, such as the National Sexual Violence Resource Center, which recently announced it has partnered with the NFL to promote and fund its domestic violence hotline and other programs. Victims of domestic violence can, and should, also call the police if they are subject to physical violence or threats of violence. In addition,…
  • Is It Legal to Pick Fruit Right Off the Tree?

    Brett Snider, Esq.
    19 Sep 2014 | 7:50 am
    When you're walking along and you see a fruiting tree, are you legally allowed to take your pick? Even if it's on private property? A group of New Mexico preschoolers were dismayed earlier this month to find that their pumpkin patch had been raided over the weekend. While fruit shouldn't be left to rot on the vine (or branch, or bush), growers shouldn't have to let the fruits of their labors be picked bare either. So when, if ever, is it legal to take fruit right off the tree? Picking Fruit on Private Property Without Permission Is Theft Yep, when you take something that's someone else's…
  • 5 Quick Ways to See If Your Lawyer Is Legit

    Brett Snider, Esq.
    18 Sep 2014 | 2:07 pm
    Lawyers can seem "all that" during a consultation, but potential clients may want to do a little extra research before pulling the trigger on hiring them. Just a quick trip over to the lawyer's website or state bar profile can reveal information that he or she may not have disclosed. In addition, ranking-and-review websites like Yelp provide oodles of sensitive information on attorneys from past clients. So if you're curious, use these five quick ways to research whether your lawyer is legit: 1. State Bar Profile. Every lawyer who is licensed to practice law in your home state must be listed…
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    But I do have a law degree...

  • Three Things I Don't Get

    But I Do Have a Law Degree
    19 Sep 2014 | 7:36 am
    I try not to get too political/controversial/contentious on this blog. But I am coming from a sincere place when I wonder the following:1) Why is this new Ray Rice video so explosive? A caveat - I don't follow or care at all about football.  I had never heard of Ray Rice.  But I do follow the news, and from what I understand, on February 15, 2014, Ray Rice was arrested on simple assault charges for assaulting his wife.  A few days later, we all got a glimpse of what happened, as a video surfaced of Ray Rice dragging his unconscious fiancé from an elevator.  She…
  • 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…
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    NB Law

  • CHP to Teach Parents How to Install & Use Car Safety Seats Properly

    Larry Nagelberg
    19 Sep 2014 | 4:16 pm
    This month is being celebrated as the time of the year experts come together to ensure child passengers are safe at all times by promoting educational campaigns and events that will help entire communities to install and use car safety seats correctly. During the National Child Passenger Safety Week, law enforcement agencies will be holding campaigns that will focus on teaching parents how to install and make sure that the car safety seats are being used correctly. Parents and caregivers […]Related Posts:Technicians Teach Parents How To Install Car Safety SeatsAAA Child Safety…
  • Personal Injury Risk Prompts Recall of Audible Fire Alarms

    Larry Nagelberg
    18 Sep 2014 | 5:01 pm
    Too often, consumers get involved in incidents that unfortunately expose them and their loved ones to personal injury and property damage risks. While the latest consumer product recall was not directly associated with incidents, the risks linked to the items could be too great for consumers to ignore it. The recall has been associated with all units of the SBGA-34 audible fire alarm bases that are used with certain smoke detectors such as the Siemens model FireFinder® XLS  or the […]Related Posts:Fire Risk Prompts Recall of Grass TrimmersFire Risk Prompts Frigidaire Gas Range…
  • Your Motorcycle Tire May Have Just Been Recalled

    Larry Nagelberg
    17 Sep 2014 | 3:54 pm
    The U.S. National Highway Traffic Safety Administration has indicated that thousands of tires have been recalled after the company learned that the products could pose a crash risk to motorcyclists. The affected vehicles include the ContiAttack SM, ContiSportAttack, ContiSportAttack2, ContiRaceAttack Comp. Soft, ContiRaceAttack Comp. Medium, ContiRaceAttack Comp. Endurance, and ContiRoadAttack 2 GTW motorcyle tires. The company behind the recall known as Continental Tire the Americas, LLC has announced that the affected tires may experience a separation that could occur between…
  • New iPhone 6 App Fights Distracted Driving

    Larry Nagelberg
    17 Sep 2014 | 3:17 pm
    Each day in the United States, at least 1,060 people are exposed to personal injury incidents due to distracted driving. The number of smartphone users across the globe has been increasing tremendously, nearing the 2 billion mark. According to many experts, the increase in the use of cell phones behind the wheel has been associated with the increase in the number of accidents, meaning that drivers are using their phones much more often than they should. According to recent reports, […]Related Posts:New iPhone Deck Combats Distracted DrivingBest Buy Recalls Rocketfish Battery Case for…
  • Your Child’s IKEA Swing May Have Just Been Recalled

    Larry Nagelberg
    16 Sep 2014 | 4:53 pm
    The U.S. Consumer Product Safety Commission has indicated that GUNGGUNG child’s swings have been linked to four incidents in countries other than the United States, including one incident that led to a leg fracture. Affected units were sold in several countries, including the United States and Canada. The affected swings sold at IKEA in August of 2014 come with suspension fittings that could break while the product is in use, making it more likely for a child to simply slip […]Related Posts:Wilson & Fisher Log-Style Swing Sets RecalledLight Fixture Tracks Recalled by IKEAADS…
 
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    Profit and Laws

  • DARPA’s jetpack will help soldiers run faster, stronger

    Coco
    19 Sep 2014 | 10:00 am
    DARPA. DARPA. DARPA. Dude, DARPA’s making a jetpack to help you run faster. DARPA is the government’s innovation department. They invented the Internet and GPS, among other things. Once DARPA invents something and rolls it out, entrepreneurs come through and bring it to market for the rest of us. Then, the world changes. Read the […] The post DARPA’s jetpack will help soldiers run faster, stronger appeared first on Profit and Laws.
  • A Major Accounting Firm Just Ran the Numbers on Climate Change

    Coco
    19 Sep 2014 | 5:50 am
    Climate Change is real: We’ve only got 20 years left Price Waterhouse Coopers, an old line, no-nonsense accounting firm, says we have 20 years left until we tumble into the abyss brought on by climate change. Pretty much only Australia and China have made progress on reducing their carbon output. We clearly won’t be doing […] The post A Major Accounting Firm Just Ran the Numbers on Climate Change appeared first on Profit and Laws.
  • Lampert Agrees to Lend Sears $400 Million

    Coco
    18 Sep 2014 | 2:45 pm
    Sears gets fresh influx of cash World class douchebag, Eddie Lampert, bought Sears and promptly turned it into a fantasy of business without a human touch. Managers are pitted against managers in a race for Lampert’s budget and affection. Sales floor staff is slashed. The company invests the least amount in maintaining or improving stores in […] The post Lampert Agrees to Lend Sears $400 Million appeared first on Profit and Laws.
  • Less for More from Chicago Public Schools and Big Business

    Phil Fahim
    18 Sep 2014 | 11:30 am
    Less for More from Chicago Public Schools and Big Business Want to hear a new one? A government hired for profit businesses to do what government unionized employees used to do, and everything went to Hell. Chicago Public Schools hired giant companies to clean the schools, firing janitors in the process. The result? Mice, bugs, […] The post Less for More from Chicago Public Schools and Big Business appeared first on Profit and Laws.
  • AT&T: If you build your own broadband then we don’t get any of your tax money

    Coco
    18 Sep 2014 | 9:04 am
    AT&T Wants Your Tax Dollars The only problems we have in America are bad ideas. Here, AT&T is pushing the federal government to stop small towns from providing rural internet service where AT&T won’t. Instead, they want to be given tax dollars to do it. Why? Because the “free market” means it’s always more important […] The post AT&T: If you build your own broadband then we don’t get any of your tax money 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

  • James Law Group Analyzes Recent Wrongful Death Dismissal Over Missouri One Recovery Rule

    LFN Editor 102KS31
    19 Sep 2014 | 3:00 am
    St. Peters, MO, (Law Firm Newswire) September 19, 2014 – The Eighth Circuit Court of Appeals has affirmed the dismissal of a Missouri family’s wrongful death claim on the grounds of Missouri’s “one recovery rule.” Michael Thompson had been smoking for decades when he was diagnosed with lung cancer in 1997. After his diagnosis, Thompson pursued and won a personal injury claim against several tobacco companies.  Then, in 2009, Thompson died of cancer, and his family brought a wrongful death lawsuit against a group of tobacco companies. But because Thompson had previously…
  • Operating Room Black Box Undergoing Tests

    LFN Editor 102KS31
    19 Sep 2014 | 3:00 am
    Arkansas Personal Injury Lawyer - Michael Smith Little Rock, AR (Law Firm Newswire) September 19, 2014 – As an innovation, operating room black boxes could help victims find out how adverse hospital errors, also called never events, happened. Moreover, the data the boxes gather could inform training to prevent never events from recurring. “Most Americans are familiar with what a black box does. These devices record the final events prior to an incident of some kind. Big rigs use them, as do airplanes and trains. A black box in the operating room could spot and take action on surgical…
  • Begley Law Group to Host Seminar on Maximizing Retirement Income

    LFN Editor 102KS31
    18 Sep 2014 | 3:00 am
    The Begley Law Group Moorestown, NJ (Law Firm Newswire) September 18, 2014 – On Tuesday, September 23, Begley Law Group will host a social security and retirement income seminar at their offices in Moorestown, NJ. Designed for those nearing and entering retirement, this free seminar will present critical steps to maximizing social security benefits and retirement income. The event will begin at 7:00 p.m. EST. “People entering retirement often feel both anxious and excited about the future,” noted Thomas Begley, Jr., partner at Begley Law Group and leading elder law attorney. “We…
  • Six Dead in League City Collision After High-Speed Chase

    LFN Editor 102KS31
    18 Sep 2014 | 3:00 am
    Houston, TX (Law Firm Newswire) September 18, 2014 – Police officials described it as the worst they had ever seen “in terms of lives lost and a devastating accident scene.” Six people died in an August 10 collision in League City, Texas, about 30 miles south of Houston. Juan Garcia Ahuezoteco, 23, caused the horrific collision after attempting to evade police on the road. “One person’s terrible, split-second decision can cost lives — and too often, not just his or her own, but many others. My thoughts are with the victims’ families and loved…
  • Worldwide Recall Launched as Surgical Device is Linked to Uterine Cancer

    LFN Editor 102KS31
    18 Sep 2014 | 3:00 am
    Waxahachie, TX (Law Firm Newswire) September 18, 2014 – Johnson and Johnson has issued a global recall as evidence mounts that a commonly used surgical device can accelerate the spread of uterine cancer. The recalled device is a laparoscopic surgical instrument known as a power morcellator, frequently used for minimally-invasive hysterectomies and for the removal of uterine fibroids. The morcellator grinds tissue into smaller pieces for later vacuuming, according to Medical Daily.  New research published in major medical journals suggests that if the tissue being treated contains…
 
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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

  • Ninth Circuit Holds State Action Immunity Doctrine Bars Claims Against Convention Center

    Howard Ullman
    17 Sep 2014 | 5:15 am
    The San Diego Convention Center in San Diego, California. (Photo credit: Wikipedia) In United National Maintenance, Inc. v. San Diego Convention Center, Inc., No. 12-56809 (9th Cir. May 14, 2014), the United States Court of Appeals for the Ninth Circuit held that the San Diego Convention center enjoyed state-action immunity from antitrust claims brought by a supplier of cleaning services whose business was negatively impacted by the convention center’s decision to be the exclusive supplier of cleaning services. The California Legislature specifically authorized San Diego (and other cities)…
  • 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…
 
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    Attorney at Work

  • Five Ways to Make Speaking Engagements Pay Off

    Merrilyn Astin Tarlton
    19 Sep 2014 | 3:00 am
    Let’s say you’ve been invited to speak at the annual meeting of a group of not-for-profits next month. Specifically, they want to know what, if anything, they should be worrying about relative to your specialty — say trademarks and brands. Easy-peasy. You do the research to get up to date on current developments, get a little help pulling together slides and then pin on that name tag and hit the podium with enthusiasm. This is your area of expertise. You could do this in your sleep, right? Then, when you step away from the podium, you file your notes, toss your name tag and…
  • Lawyers, Depression and Substance Abuse: A Candid Q&A

    Ruth Carter
    18 Sep 2014 | 3:00 am
    The suicide of actor Robin Williams made many, including me, reflect on how problems related to depression and substance abuse can lead to desperate, irrational actions. Lawyers in general tend to be more susceptible to problems like these. Studies show that lawyers are three times more likely to suffer from depression than other professionals and the suicide rate for lawyers is nearly six times higher than for the general population. The American Bar Association estimated that up to 20 percent of U.S. lawyers suffer from substance abuse. To dig deeper into these issues, I solicited input…
  • Product Beat Fall 2014: Law Practice Management Alley

    Joan Feldman
    17 Sep 2014 | 3:00 am
    For legal technology, it’s been a year focused on start-ups, disrupt-style events, legal hackathons and competitions aimed at improving delivery of legal services. Meantime, developers of law practice management software want to help improve the business side of your practice, too — steadily adding features and apps that help track time and email, and handle invoicing, documents and client communications — and making it all seamlessly and securely accessible online. And on the features front, September is shaping up to be a busy time for announcements.
  • 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 Monster.com, or aggregators like Indeed.com, 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…
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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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    Rozek Law

  • Does Early Brain Injury Trigger Autism?

    Randy Rozek
    16 Sep 2014 | 10:46 am
    Visit us at RozekLaw.com When people think of the brain, they think of the cerebrum. The cerebrum, with its two hemispheres and a layer of gray matter, has come to be known as the cerebral cortex. The cerebral cortex is known for higher functioning such as language and cognition. However, according to a paper published in the Neuron, a scientific journal, the cerebellum could play greater roles than that. It is possible that dysfunction within the cerebellum during vital points in time could contribute to autism disorders. Although the cerebellum only makes up 10 percent of the brain’s…
  • Researchers Look for Brain Injury Link That Damages Lungs

    Randy Rozek
    10 Sep 2014 | 10:58 am
    Visit us at RozekLaw.com 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 RozekLaw.com 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 RozekLaw.com 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 RozekLaw.com (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…
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    HoganWillig

  • 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

  • #The3Llife: Rolling with the Punches

    BARBRI
    17 Sep 2014 | 12:01 pm
    GUEST BLOG By Shaun Sanders, 3L at Chapman University’s Dale E. Fowler School of Law I remember how daunting it was to step into my law school on the first day of my first year. I was ready, but only because I had prepared to […]
  • #The2Llife: Missing the Forest for the Trees

    BARBRI
    16 Sep 2014 | 11:24 am
    GUEST BLOG By Harrison Thorne 2L at UCLA School of Law Law school is very hard. There is more reading than you think possible, and nobody gives you concrete feedback. During my first year, it was fairly common for me to oscillate between feeling that […]
  • #The1Llife: Staying Sane by Incorporating Enjoyable Things

    BARBRI
    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

    BARBRI
    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

    BARBRI
    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. […]
 
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    Attorney at Work

  • Five Ways to Make Speaking Engagements Pay Off

    Merrilyn Astin Tarlton
    19 Sep 2014 | 3:00 am
    Let’s say you’ve been invited to speak at the annual meeting of a group of not-for-profits next month. Specifically, they want to know what, if anything, they should be worrying about relative to your specialty — say trademarks and brands. Easy-peasy. You do the research to get up to date on current developments, get a little help pulling together slides and then pin on that name tag and hit the podium with enthusiasm. This is your area of expertise. You could do this in your sleep, right? Then, when you step away from the podium, you file your notes, toss your name tag and…
  • Lawyers, Depression and Substance Abuse: A Candid Q&A

    Ruth Carter
    18 Sep 2014 | 3:00 am
    The suicide of actor Robin Williams made many, including me, reflect on how problems related to depression and substance abuse can lead to desperate, irrational actions. Lawyers in general tend to be more susceptible to problems like these. Studies show that lawyers are three times more likely to suffer from depression than other professionals and the suicide rate for lawyers is nearly six times higher than for the general population. The American Bar Association estimated that up to 20 percent of U.S. lawyers suffer from substance abuse. To dig deeper into these issues, I solicited input…
  • Product Beat Fall 2014: Law Practice Management Alley

    Joan Feldman
    17 Sep 2014 | 3:00 am
    For legal technology, it’s been a year focused on start-ups, disrupt-style events, legal hackathons and competitions aimed at improving delivery of legal services. Meantime, developers of law practice management software want to help improve the business side of your practice, too — steadily adding features and apps that help track time and email, and handle invoicing, documents and client communications — and making it all seamlessly and securely accessible online. And on the features front, September is shaping up to be a busy time for announcements.
  • 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 Monster.com, or aggregators like Indeed.com, 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…
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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

  • Networking: how to make a great second impression

    David M. Ward
    19 Sep 2014 | 12:10 pm
    You’ve met someone new, through networking in person or online. You’ve done the card exchange, traded links, and said, “let’s keep in touch”. What now? How do you bridge the gap between first contact and the next step in your budding relationship? The answer is to pay attention to them and make sure they know it. This will distinguish you from the majority of first time contacts they never hear from again. Here’s what to do: Subscribe to their newsletter, blog, and social media channels. Comment on things they post. Share them with your social channels…
  • How to use your new client intake sheet to get more referrals

    David M. Ward
    18 Sep 2014 | 11:38 am
    There’s a very simple way to get more referrals from your clients. It will also help you build your newsletter list and meet more referral sources. All you have to do is add two things to your client intake sheet. The first addition is a prompt for the client to list people they know who might like to receive your newsletter, special report, video series, or anything else you offer, such as a free consultation. You or your staff point out this section to them and explain how this helps their friends solve a problem or understand their options. Tell them there is no cost or obligation or…
  • Finding time for getting things done

    David M. Ward
    17 Sep 2014 | 11:43 am
    Spinning plates. Putting out fires. Treading water. Does this sum up a good portion of your day? Lawyers are paid to solve problems. Other people’s, not our own. If you’re spending too much time solving your own problems, you won’t have time for things that advance you towards your most valuable goals. Like getting paid by more people to solve more of their problems. Solving (your) problems is important. When someone quits, you have to find someone to replace them. When you are audited, sued, or charged with an ethical violation, you have to respond. But responding to…
  • Hard work: what is it and why is it important?

    David M. Ward
    16 Sep 2014 | 11:00 am
    Everyone and their brother says that hard work is a key to success. But can someone tell me what hard work means and why it is important? Is hard work defined by effort or number of hours worked? If you aren’t exhausted at the end of the day, does that mean you can’t be successful? If you are successful anyway, does this mean you don’t deserve it? Does hard work mean doing things you don’t like or aren’t good at? What if certain things come easily to you? What if you love your work? Do those not count? Does hard work mean persistence? Does it mean continuing to…
  • 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…
 
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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

  • Estate planning mistakes women make

    21 Sep 2014 | 4:09 pm
    Not long ago, I was asked by a reporter to describe some estate planning mistakes women make. As a rule, I don't find a huge difference between the mistakes made by men and those made by women in terms of estate planning when both partners are alive. However, something that is indisputably true is that there are more widows out there than widowers. Therefore, women are in a somewhat different
  • 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 www.fad-nation.com 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 advisor.ca 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.
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    AZ Attorney

  • Simpsons + Miyazaki ideal way to end a week. Plus #Catbus

    azatty
    19 Sep 2014 | 9:30 am
    Animation highbrow and somewhat lower meets as the Simpsons wander Miyazaki’s worlds. A brief item on this Change of Venue Friday (who wants anything else?). This piece may be a little dated, as it originally occurred back in January. But it’s worth showing again. If you are a fan of (1) The Simpsons and/or (2) filmmaker Hayao Miyazaki, you may recall that the TV show offered up a show that was a tribute to the Japanese legend. Back in January, he had announced that he was done with the artistry of creating films, saddening millions who have enjoyed his work. Here is a news story…
  • Jeremy Jackrabbit, his lawyer parents, a new contest

    azatty
    18 Sep 2014 | 9:30 am
    Attorney Rodney Glassman speaks to educators at the Madison Elementary District offices, Sept. 15, 2014. On Monday, educators gathered at a school district office to hear about an initiative that aids literacy—environmental and otherwise. Attorney Rodney Glassman spoke to the group at the Madison School District offices about the series of books featuring Jeremy Jackrabbit—a creation of his and his wife Sasha Glassman (also a lawyer, as well as a school board member in Madison). Jeremy Jackrabbit An upcoming issue of Arizona Attorney Magazine will describe the book project—the fourth in…
  • Constitution Day honors document worth celebrating, yields @ivpfairfree video

    azatty
    17 Sep 2014 | 9:30 am
    In case you hadn’t made your Constitution Day plans yet, I recommend to you a great video that includes a retired Supreme Court—and Arizona—jurist. The National Association of Women Judges has launched a public service announcement (in separate video and audio). In it, Justice Sandra Day O’Connor discusses the value of free and fair courts. And what is more constitutional than that? Here is the video: Fair and Free – Full Film – featuring Sandra Day O’Connor (EN) from Informed Voters Project on Vimeo. Below is more background from the association (and a hat tip to…
  • Networking for @AZStateBar lawyers on Thursday at Downtown Phoenix Sheraton

    azatty
    16 Sep 2014 | 9:30 am
    Downtown Phoenix Sheraton On Thursday, another in a popular series of networking events for lawyers will be staged in downtown Phoenix. You should consider stopping by. Hosted by the State Bar of Arizona (Mentor Committee and Young Lawyers Division), it will be held on Thursday, September 18, at the downtown Phoenix Sheraton Hotel, in its District American Kitchen and Wine Bar. This is the fourth annual such kick-off event, and the previous ones have been crowded and enjoyable affairs. Here is an image with more particulars: And here is a map: View Larger Map Follow @azatty
  • SCOTUS recent Term reviewed this Wednesday @azbarcle

    azatty
    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…
 
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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?

    guestbloggerLD
    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?

    guestbloggerLD
    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?

    guestbloggerLD
    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 …

    ashish
    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

    ashish
    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

    ashish
    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

    ashish
    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

    ashish
    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

  • The Top 10 Tips for Selling Professional Services

    Ken Lopez
    17 Sep 2014 | 12:16 pm
      by Ken LopezFounder/CEOA2L Consulting As the founder of A2L Consulting I've had the opportunity to do every job in the company at some point in the last 20 years. I enjoy technical work that requires deeply complex thinking. I'm great at conceptualizing litigation graphics for opening statements. Not surprisingly, as CEO, I also love leadership and strategy. However, the job I love the most is helping people connect with the right people at A2L who can solve their challenges. Usually, these challenges are related to communicating to a judge or jury, persuading a skeptical public…
  • 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…
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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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    ledgerlaw.com

  • What You Need to Know about Truck Accident Statistics  

    admin
    19 Sep 2014 | 12:53 pm
    If you’ve been in a truck accident, you may wonder just how common your type of accident really is. The best way to find out the answer is to look up truck accident statistics. These “stats” are typically collected by government entities, such as Departments of Transportation. In general, you will find that checking out statistics from official government sources will be the best way to ensure that you have access to accurate facts and figures. If you’re an American, you may look up information about motor vehicle crashes at the official U.S. Department of Transportation website…
  • Get the Hard Facts about Motorcycle Accident Statistics

    admin
    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

    admin
    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

    admin
    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

    admin
    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…
 
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    Wexler Wallace Law Firm Blog

  • Defense Can’t Have it Both Ways: Plaintiffs Need a Fair Shot at Discovery Before Defendants Move to Deny Certification

    Amy Keller, Associate
    17 Sep 2014 | 1:12 pm
    In the ever-evolving field of class action law, defense counsel are becoming more creative with their attempts to defeat class certification.  From preemptive motions to strike plaintiffs’ class allegations at the very beginning of the case, to creating a new
  • 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
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    Philadelphia Injury Lawyer

  • Product Liability: Dangerous and Defective Goods

    Sheridan & Murray
    16 Sep 2014 | 6:02 pm
    Although most people use a variety of products, equipment and devices on a regular basis without incident, there are times when a defective or unsafe item can cause damage or injury. On many occasions this occurs because a product has an inherent flaw within it that makes it unsafe to use in some manner. It […]
  • Golf Course Safety

    Annie Reynolds, Esq.
    20 Sep 2013 | 1:22 pm
    As spring weather improves, golf courses in the area begin to fill up. Although golfers seldom have more on their mind than their game, it is important to keep a few general rules for golf course safety in mind. Each year in the United States, there are approximately 15,000 golf cart accidents resulting in injuries […]
  • Defective Surgical Device: da Vinci Robotic Surgical System

    Sheridan & Murray
    20 Sep 2013 | 8:13 am
    If you need a surgical procedure such as a hysterectomy or a prostatectomy, the standard used to be that a surgeon would make a large incision and enter your body with a variety of instruments to perform the operation that removed your uterus or prostate. Although effective, these operations usually had long recovery times and […]
  • Hospitals Profiting from Post-surgical Complications

    Sheridan & Murray
    19 Sep 2013 | 7:33 am
    According to a recent study published in the Journal for the American Medical Association in April 2013, hospitals stand to make a substantially higher profit when surgical errors occur. Privately insured patients with no complications following surgery netted up to 330% less profit than those who experienced no complications. Likewise, patients insured under Medicare who […]
  • Student Falls to Death at Rooftop Party

    Annie Reynolds, Esq.
    6 May 2013 | 7:27 am
    A 19-year-old college student fell three stories to her death from the roof of a Philadelphia house while attending a party celebrating Temple University’s Spring Fling. The victim, Ali Fausnaught, a student at West Chester University, was at a house party off campus last month, when she fell from the reportedly un-guarded roof. According to […]
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    LegalMarketingMaven.com

  • Online Reviews…The Good, Bad and Ugly

    lauralee
    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?

    lauralee
    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?

    lauralee
    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

    lauralee
    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

    lauralee
    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

    katie@digirank.co.uk
    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

    katie@digirank.co.uk
    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

    katie@digirank.co.uk
    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

    katie@digirank.co.uk
    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

    katie@digirank.co.uk
    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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    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. KOCO.com 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

  • Backover Accident Rise Prompts Back-Up Camera Requirement in Vehicles

    Jay Solnick
    17 Sep 2014 | 10:15 am
    September means back to school season. This season comes with school zone traffic, lowered speed limits, crossing guards, carpools, and children walking everywhere. Due to their size and personalities by nature, children are at an increased risk of being injured as pedestrians. Large vehicles often have blind spots that make seeing tiny humans difficult, if not impossible. This is particularly true when a child darts out of nowhere, moves from a prior stationary position, or is standing close enough to your vehicle that they are in your blind spot. Accidents where children are backed over by…
  • 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…
 
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    Baron & Budd, P.C. | Protecting What's Right

  • Baron and Budd Proud to Support The Mesh Warrior Foundation for the Injured

    Baron & Budd
    18 Sep 2014 | 12:56 pm
    Firm Makes Donation to Help Women Harmed by Transvaginal Mesh DALLAS –(September 18, 2014) –Baron and Budd, a law firm dedicated to protecting consumers who have been harmed by pharmaceuticals or medical implants, is proud to announce that the firm is a sponsor of The Mesh Warrior Foundation for the Injured. Baron and Budd is honored to be one of the first sponsors of The Mesh Warrior Foundation, as well as the first legal sponsor. "The mission of The Mesh Warrior Foundation is a perfect complement to that of Baron and Budd," said Stephen Blackburn, lawyer at Baron and Budd.
  • 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®,…
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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

  • Asbestos, America’s Legal Killer: What Is Asbestos

    Baron & Budd
    19 Sep 2014 | 12:45 pm
    Asbestos is a mineral used in many construction products. It is a known carcinogen that can cause serious diseases, such as mesothelioma and lung cancer. Asbestos refers to a group of six minerals, all of which are impossible to pronounce (— you can try it out: crocidolite, anthophyllite, amosite, chrysotile, actinolite and tremolite). The weird thing is that asbestos is used by manufacturers for the exact two reasons that it makes people so sick: its microscopically small size and its durability. Thanks to its microscopically small size, a person can easily inhale or ingest asbestos…
  • Fracking and Fatalities: The Drastic Increase in Deadly Trucking Accidents During An Oil and Gas Boom

    Kirsten Soto
    19 Sep 2014 | 10:34 am
    Unsafe trucks and fatigued truck drivers are a danger to everyone on the road. Statistics recently released by the Texas Department of Transportation confirm that the boom in fracking over the last several years has coincided with a fifty-percent increase in fatal crashes involving commercial motor vehicles in Texas since 2009. Even more alarming, the number of crashes involving three or more fatalities has more than doubled in Texas since 2010. Many point to the increase in natural gas operations as a contributing factor in many of these horrific crashes, because many of the greatest…
  • So, What’s a “Bellwether Trial?” On That Win For A Woman Injured by TVM Against J&J’s Ethicon

    Baron & Budd
    18 Sep 2014 | 8:26 am
    A jury in West Virginia federal court recently found Johnson & Johnson’s Ethicon Inc., the subsidiary company that manufactured transvaginal mesh devices, guilty for both defective design of the transvaginal mesh device and for failing to warn others of the device’s risks. The verdict will cost Johnson & Johnson’s Ethicon $3.27 million. And this news is coming in the same week that Boston Scientific has been found guilty by a Dallas jury for a similar transvaginal mesh product. These are two important verdict for all patients injured by transvaginal mesh as they are…
  • 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…
 
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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

  • Palmetto Florida Criminal Defense Lawyer

    Florida's Top Rated Attorney
    21 Sep 2014 | 6:26 pm
    The Best Palmetto Florida Criminal Defense Lawyer in Florida can be found by visiting BestFloridaLawOffices.com The Best Palmetto Florida Criminal Defense Lawyer in Florida can be found by visiting BestFloridaLawOffices.com If you are looking for the Best legal team in Palmetto, FL that will bestow you the most amazing service then look no more than the Law Offices of Palmetto Florida. If you totally need to win your case, the Palmetto Florida Legal Firm are the ones to ring. From high-ranking profile cases to short motions, this team of attorneys have proved that they are the ones to…
  • Kathleen Florida Criminal Defense Lawyer

    Florida's Top Rated Attorney
    21 Sep 2014 | 4:21 pm
    The Best Kathleen Florida Criminal Defense Lawyer in Florida can be found by visiting BestFloridaLawOffices.com The Best Kathleen Florida Criminal Defense Lawyer in Florida can be found by visiting BestFloridaLawOffices.com The Law Firm of Kathleen Florida are by far the best legal offices since they get the right results time and time again. Clients completely concur that this Kathleen Law firm and Associates are the lawyers to have on your side when you have a case the looks like a loser. This legal office wins cases and that is something that you can take to the bank! Both clients and…
  • Alecia Lawyer celebrates ensemble’s anniversary – Houston Chronicle

    Lawyer - Google News
    21 Sep 2014 | 2:22 pm
    Houston Chronicle Alecia Lawyer celebrates ensemble's anniversaryHouston ChronicleAlecia Lawyer is the founder artistic director and principal oboist of ROCO also known as the River Oaks Chamber Orchestra. This year is the orchestra 10th season performing classical music on different venues in Houston. Lawyer founded the orchestra …
  • Lawtey Florida Criminal Defense Lawyer

    Florida's Top Rated Attorney
    21 Sep 2014 | 2:20 pm
    The Best Lawtey Florida Criminal Defense Lawyer in Florida can be found by visiting BestFloridaLawOffices.com The Best Lawtey Florida Criminal Defense Lawyer in Florida can be found by visiting BestFloridaLawOffices.com The Law Teams of Lawtey Florida are by far the best law teams as they get the suitable results time and time again. Whenever you are in a lot of trouble and call for help, everyone agrees that these Law Teams are the ones to have on your team. This law team wins cases and that is something that you can take to the bank! Both clients and peers alike value the Lawtey Florida Law…
  • Gay attorney confirmed as top lawyer for Air Force – Washington Blade

    Lawyer - Google News
    21 Sep 2014 | 12:56 pm
    Washington Blade Gay attorney confirmed as top lawyer for Air ForceWashington BladeGay attorney confirmed as top lawyer for Air Force. Gordon Tanner, gay news, Washington Blade. Gordon Tanner was confirmed by the Senate as Air Force general counsel. (Photo public domain). Four days before the third anniversary of the end to “Don't …
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    MacGregor & Collins, LLP Law Blog

  • Man in Anaheim is Arrested for Allegedly Robbing Girlfriend’s Elderly Grandmother

    Randy Collins
    17 Sep 2014 | 10:55 am
    An Anaheim man was recently arrested and accused of robbing his girlfriends’ 82-year-old mother in her home. According to the police statement, the accused took “several jewelry items and coins” in addition to ransacking the home. While robbery is not a new notion, the thought that someone would A) rob their girlfriends mother, and B) rob an elderly person is not so taboo anymore. These crimes are occurring at increasing rates, which should be alarming to the public. However, just because someone is accused and arrested does not always mean that they are guilty, or that they will be…
  • Jail Sentencing for Assault on a Minor

    Randy Collins
    3 Aug 2014 | 1:49 pm
    There are three forms of assault that can be punishable in a court of a law: common assault, criminal assault, or aggravated assault. Common assault is almost any behavior that can be judged as offensive or threatening, which is done with the volition to harm someone else but fails in physical harm. For instance, if you try to hit someone with a punch, a kick, or an object and miss, you have committed a common attack against them. Even though no physical harm was done, the failure to commit a criminal attack may still be prosecuted as a common one. Criminal assaultis associated with battery…
  • Statute of Limitations for White Collar Crime

    Randy Collins
    14 Jul 2014 | 1:00 am
    A statute of limitation is the time allowed for prosecutors to lay a charge against someone who is accused of committing a criminal offense. The period normally runs from the point at which the alleged offense has been disclosed or discovered. This period varies depending on the category of offense as well as the jurisdiction involved. California’s statutes of limitation for criminal charges are not exactly the same as other states and also differ from those of the federal government. Statutes of limitation allocated for white collar offenses are particularly complex, partly because of the…
  • Difference Between Corporal Injury and Battery

    Randy Collins
    26 Jun 2014 | 7:34 am
    If you or someone you know has been charged with anything related to domestic violence, there is a high probability that those charges are either corporal injury on an intimate partner or a spousal battery. A spousal battery is also called a domestic battery.  A corporal injury and a spousal battery are the most common domestic abuse charges. Despite having a few similarities, the crimes of a corporal injury and a spousal battery have a few distinguished differences that greatly affect the ways in which defendants are prosecuted and defended. What is a Corporal Injury on an Intimate Partner?
  • Qualifications for Expungement in California

    Randy Collins
    17 Jun 2014 | 8:58 am
    A mistake in judgment that you made years ago can have far-reaching effects, including your ability to get the job that you want, obtain some professional licenses, or rent a home.  Even though California criminal records are a matter of public record, an individual would need to know where to look for these files and take the time to look through thousands of court records in each county to find your records. However, electronic indexing has made it much easier for individuals and companies to obtain copies of your records.  Companies index court records into large databases that are easy…
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    PA Law Blogs

  • When to Give a Statement after an Auto Accident in Pennsylvania

    Anapol Schwartz
    16 Sep 2014 | 6:32 am
    Do not give statements, sign papers, or accept insurance company estimates without first seeking legal advice. These are some of the most common mistakes made by car accident victims, according to 7 Fatal Mistakes Victims of Accidents Make in PA and How to Avoid Making Them. You need think about preserving your legal rights from the moment the accident occurs. Follow the steps below to avoid making a common mistake that can ruin your car accident case. Do not speak about the accident with anyone, including the other driver or witnesses. Cooperate with the police, but do not give more…
  • 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 (EndDD.org) 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…
 
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    IMC Law Group

  • How To Avoid Bank Levies

    lawadmin
    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

    lawadmin
    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

    lawadmin
    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

    lawadmin
    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

    lawadmin
    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 Wired.com, 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 Investigating Claims Involving S.G. Investments and Former Raymond James Broker Claus C. Foerster of South Carolina

    18 Sep 2014 | 9:05 am
    Sonn|Erez is investigating claims regarding Claus Christoph Foerster (CRD #1912949, Spartanburg, South Carolina). Foerster recently entered into a Letter of Acceptance, Waiver, and Consent ("AWC") in which he permanently was barred from association with any FINRA member firm. See FINRA Case #2014041483401. Foerster was associated with Raymond James & Associates, Inc., from February 2013 until his termination in June 2014. Foerster previously was associated with Morgan Keegan & Co., Inc., (February 2008 through February 2013) and Citigroup Global Markets (July 1997 through February 2008).
  • 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…
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    Broward Injury Lawyer Blog

  • GEICO v. Rodriguez - Insurer Must Pay Sanctions for False Testimony of Insured

    17 Sep 2014 | 5:53 am
    A Florida appellate court has ruled an auto insurance company for an elderly man who lied about his competency as a driver in deposition testimony following a crash will have to pay sanctions imposed by the trial court for those misrepresentations. Our Fort Lauderdale car accident injury lawyers understand this might not have been the case had the insurer acted more expeditiously in its response to the revelation the driver had lied. According to court records in GEICO v. Rodriguez, the 83-year-old insured had his auto insurance renewed in November 2005. The policy allowed for a bodily injury…
  • 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…
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    Marketing Attorney Blog

  • Attorney's Fake Celebrity Photo Gallery on Website Draws Suspension

    19 Sep 2014 | 2:54 pm
    Call her the Zelig or Forrest Gump of California attorneys, but you can also call her "suspended." I've seen a lot of fun and strange law firm web site ethics issues come up since the mid-90s, but it is refreshing to see that there are still new takes on the concept of "deceptive and misleading" lawyer advertising online in 2014. A State Bar Court judge in Sacramento, California has recommended a six month suspension for a Los Angeles attorney who put Photoshop to use in manipulating a photo gallery on her website filled with fake pictures of her with various politicians, celebrities and star…
  • 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 www.mlb.com. 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, www.mlb.com 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.
 
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    Dallas Divorce Law Blog

  • Rule 11 agreements are revocable before judgment is rendered

    Michelle O'Neil
    15 Sep 2014 | 6:56 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 | 6:23 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…
  • Social Security as a Division Factor in Divorce

    Michelle O'Neil
    2 Sep 2014 | 5:27 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 | 5:14 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 | 6:06 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

  • Knock-Offs and the Law: Defending Trademark Infringement Lawsuits

    19 Sep 2014 | 5:51 am
    Some of our firm's clients have been the subject of trademark infringement lawsuits, or have received "cease and desist" letters from large companies, stating that their products are infringing on a registered trademark. In general, the purpose of a "cease and desist" letter is to put the alleged infringing party on legal notice that their merchandise may be an unauthorized copy of a registered trademark. Under the United States Trademark Law, willful infringement carries a larger penalty than an infringer who is unaware of the infringement. Therefore, the alleged infringer is given an…
  • 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…
 
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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

  • CDC Says Cruise Ship Norovirus Outbreaks Uncommon, But That May Be Misleading

    Gerson & Schwartz, P.A.
    10 Sep 2014 | 10:31 am
    Yet another cruise ship has been stricken with an outbreak of the norovirus. Don’t be confused—this isn’t a repeat of a previous post. Norovirus outbreaks seem to happen so often on cruises that it often seems like the same news is being reported over and over again. What happened now? This time, guests on a Princess Cruise departing from Australia were affected, in an outbreak bad enough to prompt one guest to call it a “cruise from hell.” About 100 guests have been affected, but it doesn’t appear that the cruise will be terminated early. Despite the repeated norovirus outbreaks,…
  • 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…
 
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    Brian M. Mekdsy Legal Services, Massachusetts

  • Who the hell thinks of their online accounts as digital assets?

    Brian M. Mekdsy
    18 Sep 2014 | 12:33 pm
    I mean, seriously: I bet you don’t think of your Facebook account as a “digital asset.” But truth be told, while you might not think of your online accounts that way, that’s exactly how they’re classified in the eyes of the law. And now that the Uniform Law Commission has published a draft law, called [...]Related Posts:Facebook, Instagram, Digital Assets and DeathProtecting Your Digital Assets With Google’s Inactive…A Social Media Will Is No Longer Optional8 Questions To Ask When Setting Up A Power Of AttorneyWhat Happens To Your Social Media Accounts After You…
  • Facebook, Instagram, Digital Assets and Death

    Brian M. Mekdsy
    11 Aug 2014 | 5:13 am
    Once upon a time, Al Gore invented the internet, and with it came the nearly universal accumulation of “digital assets.” In fact, digital assets are so commonplace today that more and more states are updating their laws to account for them. Now a nationally recognized group of lawyers has weighed in on the subject. In [...]Related Posts:Who the hell thinks of their online accounts as digital…Protecting Your Digital Assets With Google’s Inactive…A Social Media Will Is No Longer OptionalWhat Happens To Your Social Media Accounts After You Die?How to Plan for a Social…
  • This Fourth of July: Can’t We All Just Get Along?

    Brian M. Mekdsy
    2 Jul 2014 | 6:23 pm
    As the Fourth of July approaches and Americans get ready to celebrate independence by attending barbecues and firework displays, I can’t help but lament the current state of political discourse. This is, unfortunately, nothing new. In a Fourth of July-themed blog post last year appealing to the American sense of history, I tried to make [...]Related Posts:Why You Should Read The Declaration Of Independence This 4thBeware The Fiscal Cliff: Even Middle Class Estate Plans…Sick of Washington’s Games? Start a NonprofitIs the US Treasury Worthy of your ‘Charitable…22…
  • Remembering the Fallen on Memorial Day

    Brian M. Mekdsy
    26 May 2014 | 8:50 am
    Last Memorial Day, I wrote about two great nonprofits dedicated to helping veterans and first responders, Homes for Our Troops and Wills for Heroes. This year, in keeping with that theme, I’d like to showcase two other organizations I’ve recently learned about that do similarly noble work on behalf of military families. Children of Fallen [...]Related Posts:A Memorial Day Expression Of AppreciationWhy You Should Read The Declaration Of Independence This 4th22 Things To Be Thankful For This ThanksgivingIs the US Treasury Worthy of your ‘Charitable…Sick of Washington’s…
  • Winter’s Finally Over: Your Paperwork Needs a Good Spring Cleaning

    Brian M. Mekdsy
    28 Mar 2014 | 6:41 am
    I don’t know about you, but after the winter we’ve just been through here in the Northeast, the arrival of spring is a welcome event – to say the least. I can’t tell you how much I’m looking forward to opening the windows and filling the house with the fresh air of spring, and the [...]Related Posts:5 Items for your Estate Planning “To Do” List…Password Protection Software Can Be A LifesaverA Social Media Will Is No Longer OptionalWho Wouldn’t Like A Good Death Dinner?National Estate Planning Awareness WeekBrian M. Mekdsy Brian M. Mekdsy Legal Services,…
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    The Emplawyerologist

  • Some Colorful Lessons From Wal-Mart Racial/Ethnic Bias Cases

    Janette Levey Frisch
    18 Sep 2014 | 7:33 am
    Wal-Mart, the nation’s largest retail employer,  has been teaching us over the last few weeks about employer pitfalls to avoid. (Once again, let’s show Wal-Mart some gratitude for committing its time, money and other resources to teach valuable lessons to the rest of America’s employers.) This week, we will let Wal-Mart teach us some lessons in the area of race and national origin discrimination. Wal-Mart has faced dozens of these types of lawsuits since the 1990’s. We are going to focus on four of the more recent ones and see what pearls of wisdom we can glean from…
  • 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…
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    Kessler Law Firm

  • Joe McCallum Gets Out Of Prison Today

    admin
    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

    admin
    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

    admin
    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

    admin
    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

    admin
    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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    Atlanta Injury Lawyers Blog

  • Traumatic Brain Injuries and Advances Beyond Traditional CT Scans and MRI

    19 Sep 2014 | 3:30 pm
    Traumatic brain injuries (TBI) can occur when one sustains a violent blow to the head or body that will cause damage to the brain, or if an object pierces the skull to enter the brain tissue. Millions of people in the United States sustain brain injuries every year, and approximately half of these injuries, according to the National Institutes of Health, occur from motor vehicle accidents. While TBI symptoms can range from mild to severe, it is important that someone who has suffered from a head injury seeks medical aid in order to diagnose the severity of the injury. Methods of diagnosis and…
  • A Primer on Birth Injury Cases and How to Keep Them Simple - Part 1 of 3

    20 Jun 2014 | 9:37 am
    Our firm recently had success in a birth injury case in Gwinnett County, Georgia. In that case we represented a family against the labor and delivery team that delivered their daughter and the hospital where they worked. Following her delivery, their daughter was diagnosed with Cerebral Palsy. The term "Cerebral Palsy" refers to several different kinds of permanent brain injuries that occur before, during, or shortly after birth. Victims of Cerebral Palsy can suffer a variety of symptoms including: limited movement, speech difficulties, learning disabilities, visual problems, hearing…
  • Part 4 - "The Doctors" - Ways to Lessen RSD Symptoms

    11 Nov 2013 | 12:51 pm
    According to Dr. Travis Stark, E.R. physician, avoid sugar and processed foods. RSD is an inflammatory condition and so when you are eating highly processed, high sugar foods, you are putting yourself at risk for a whole body inflammatory reaction. You also have to be very careful with things like caffeine, which can stimulate your sympathetic nervous system. So stick to decaf. Dr. Joshua Prager, an RSD specialist, says "In some cases we have seen non-healing wounds, where the wound leaks and will not heal. This is something where hyperbaric oxygen can be extremely helpful in treating the…
  • Part 3 - "The Doctors" - Living with RSD

    4 Nov 2013 | 12:45 pm
    For Kathy, RSD is much more than a painful diagnosis - it's her life. She says her life has completely changed since she was diagnosed with RSD. She wakes up at 4:30 a.m. "At that time the pain level is about a 4 - not too bad," she says. She works out every morning, even though she has been on crutches for about 8 years now. "It used to take me an hour and 15 minutes to get ready," she says "where now it takes 3 hours". Four days out of the week I'm either doing pain management or physical therapy. I go to the surgery center and get sympathetic nerve blocks in the lower part of my back. This…
  • Part 2 - "The Doctors" - What is RSD (Reflex Sympathetic Dystrophy) ?

    28 Oct 2013 | 1:34 pm
    What is RSD? According to E.R. Physician Dr. Travis Stark, any time you suffer an injury, pain signals are sent to your central nervous system and your brain saying "this hurts", but with RSD, the pain signal never stops and the pain can actually get worse over time. The injured area experiences inflammation and over time the pain moves past the limb where the original injury was. Not only can it cause severe pain and swelling, RSD can also cause spasms throughout your body, not only in your extremities but also in things like your bladder. Kathy says that there are moments when she cannot…
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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

  • Four Charged In Penny Stock Fraud Scheme Plead Not Guilty

    The Frankowski Firm, LLC
    19 Sep 2014 | 7:45 am
    The Frankowski Firm is investigating a penny stock fraud scheme that allegedly defrauded $290 million from thousands of investors, involving eight people who are facing criminal charges. Four of the eight charged in the pump-and-dump scheme were arraigned last week after a two-year investigation. Anthony Thompson of Bethesda, Maryland, Jay Fung of Delray Beach, Florida, Hanna Schmieder of Los Angeles, California, and Kenneth Oxsalida of Sebring, Florida all pleaded not guilty in state Supreme Court in Manhattan, New York. Thompson, Fung, and another stock promoter allegedly sent email blasts…
  • Alabama Supreme Court Affirms Class-Action Status In $3.2 Billion Lawsuit

    The Frankowski Firm, LLC
    18 Sep 2014 | 9:15 am
    Last week, the Alabama Supreme Court upheld a Jefferson County judge’s ruling that a lawsuit against CVS Caremark Corp. can proceed as a class-action to represent roughly 70,000 investors who assert that they lost $3.2 billion in a securities fraud during the 1990s. The case arises from twenty-one lawsuits filed by investors in 1998 against MedPartners, which was founded by former HealthSouth CEO Richard Scrushy. In those suits, MedPartners was accused of making misrepresentations to the public regarding its financial well-being. The suits were consolidated and settled for $56 million…
  • 7th Circuit Upholds Ponzi Scheme Convictions

    The Frankowski Firm, LLC
    16 Sep 2014 | 9:24 am
    The Frankowski Firm is investigating a Ponzi scheme involving the owners of Fair Finance, which was once a legitimate company that had provided financial services since the Great Depression. The United States Court of Appeals for the Seventh Circuit last week upheld the convictions of the three owners–Timothy Durham, James Cochran, and Rick Snow–who turned the financial firm into a Ponzi scheme, taking $200 million of investors’ money to fund their own extravagant lifestyles. While upholding ten convictions, the court did, however, overturn two wire fraud counts, stating…
  • 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…
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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

  • Indiana Man Accused of Cannibalism

    17 Sep 2014 | 3:46 pm
    Jeffersonville, Indiana man, Joseph A. Oberhansley, 33, is accused of murdering his girlfriend and ultimately eating portions of her corpse. Oberhansley was arrested last Thursday after police came to his girlfriend, Tammy Blanton's home looking for her as she failed to show up for work. According to news sources, Oberhansley began acting suspicious when police questioned him as to Blanton's whereabouts. Police observed a fresh cut across Oberhansley's knuckles during their contact and then patted down Oberhansley for weapons, finding a knife in the accused's back pocket full of hair and what…
  • 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…
 
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    Personal Injury Lawyer Blog

  • NY PATIENT WINS $2.3 MILLION IN MEDICAL MALPRACTICE SUIT

    19 Sep 2014 | 4:53 pm
    Following a three week trial, a Rockland County, New York jury has awarded $2.3 million to a Nyack Hospital patient for injuries he sustained four years ago as a result of medical malpractice. On October 1, 2010, 52-year-old John Antonucci of Valley Cottage, New York visited Nyack Hospital for follow up care relating to treatment he had received a few days prior. Dr. Jason Fond, who is the head of Nyack Hospital orthopedic surgery, quickly consulted with Antonucci before sending him home without antibiotics or a definitive diagnosis. Antonucci claimed in court papers that he was sent home…
  • KINGS OF LEON CANCELS MORE SHOWS AFTER DRUMMER INJURED

    19 Sep 2014 | 4:22 pm
    Alternative rock band Kings of Leon has been forced to cancel two more shows in its Mechanical Bull Tour after drummer, Nathan Followill, sustained injuries in a tour bus accident. Followill was treated for broken ribs after the band's tour bus stopped suddenly to avoid a pedestrian following its August 9th show in Boston. An announcement made on the band's Facebook page stated "The band was en route to their hotel after their show in Boston when a pedestrian jumped in front of their tour bus, causing the bus to stop short, injuring Nathan Followill. Nathan is being treated for broken ribs,…
  • LACK OF FEDERAL OVERSIGHT IN PREVENTING THEME PARK ACCIDENTS

    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…
  • TWO TEENAGE DEATHS LEAD TO A $27M VERDICT AGAINST MCDONALD'S

    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…
  • TENNESSEE VALLEY AUTHORITY REACH $28 MILLION SETTLEMENT WITH COAL ASH VICTIMS

    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…
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    ImmigRantings

  • 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

  • Illinois Tries Again with Nexus Law

    16 Sep 2014 | 3:57 pm
    On March 28, 2013, Overstock and Amazon lost their challenge of a state tax on online sales in New York's highest court. Further, the the Supreme Court of United States declined hearing the case, because the court determined that such a law did not violate the federal Commerce Clause. Following the Amazon decision, we expected the states to follow New York's lead and enact its own click-through-nexus laws. In 2011, Illinois did just that. Specifically, Illinois has a nexus law that required any company with a place of business in Illinois to collect and remit tax to Illinois. In 2011,…
  • 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…
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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

    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
  • Integration During the Going Public Process – Securities Lawyer 101

    securities-lawyer-101
    21 Sep 2014 | 12:56 pm
    Going Public LawyerSecurities Lawyer 101 Blog Issuers often need to raise funds during their going public transactions to offset legal and accounting costs.  The SEC integration rule addresses the circumstances under which an issuer can raise capital privately while a Form S-1 registration statement is pending during the going public process.  The integration rules were created to prevent companies from improperly avoiding registration by... Read MoreGoing Public Lawyer
  • Penny Stock Emails 101- Securities Lawyer 101

    securities-lawyer-101
    21 Sep 2014 | 12:12 pm
    Going Public LawyerSecurities Lawyer 101 Blog Often times investor relations firms touting microcap stocks use penny stock email containing newsletters and advertisements about a stock’s potential.  Recent indictments and SEC cases have focused on the use of penny stock email lists that have been used to solicit investors.   We expect to see even more criminal charges and civil enforcement actions involving... Read MoreGoing Public Lawyer
  • The Curious Case of Irwin Boock l Part II Corporate Hijacking Series

    securities-lawyer-101
    21 Sep 2014 | 12:00 pm
    Going Public LawyerSecurities Lawyer 101 Blog The Irwin Boock corporate hijacking case is a gift that keeps on giving.  The Securities and Exchange Commission (“SEC”)  brought its original action against Boock and his associates in September 2009; since then several parallel actions have been filed.  On September 27, 2013, the SEC announced that Nicolette Loisel, a Houston-area attorney, had agreed to settle.  Loisel... Read MoreGoing Public Lawyer
  • FINRA Uses Rule 6490 to Stop Wash, Rinse Repeat Issuers

    securities-lawyer-101
    21 Sep 2014 | 5:10 am
    Going Public LawyerSecurities Law Blog In late 2009, the Financial Industry Regulatory Authority (“FINRA”) proposed changes to its Rule 6490.  Until that time, the Rule had provided merely that the agency review and process certain corporate actions taken by companies not listed on exchanges, companies known to most market participants as OTC securities.  The changes, which became effective in 2010, gave FINRA... Read MoreGoing Public Lawyer
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    Employment News

  • EEOC Updates Guidelines on Pregnancy Discrimination

    Chris
    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

    Chris
    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?

    Chris
    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

    Shawn
    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

    Chris
    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

  • More Texas DWI Convictions Will Be Overturned Because of Warrantless Blood Draws

    Michael Lowe
    16 Sep 2014 | 5:04 pm
    Over in Tyler, somebody had a very good day recently – specifically, Samuel Gentry who saw his lawyer win a DWI appeal before the Tyler Court of Appeals and get his 3d DWI conviction overturned along with the Life Sentence he was serving.     Warrantless Blood Draw in DWI Case What happened? The police did a blood test on Samuel Gentry back in 2012 and then arrested him for driving while intoxicated without getting a search warrant from a judge for taking his blood. That’s called a “warrantless blood draw” and that’s the problem for the prosecution now.  Of course, in…
  • 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 TMZ.com 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 WhiteHouse.org in the past five days. Here is the full language of the petition: WE PETITION THE OBAMA ADMINISTRATION TO: Mike Brown Law. Requires all…
 
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    South Florida Personal Injury Lawyers Blog

  • Florida Appeals Court Certifies Bad Faith Insurance Claim Question to Supreme Court: Boozer v. Stalley

    Friedman, Rodman & Frank, P.A.
    12 Sep 2014 | 7:41 am
    Florida’s Fifth District Court of Appeals has certified a question of law to the Supreme Court of Florida in a bad faith insurance dispute. In Boozer v. Stalley, a boy was hurt in a motor vehicle collision that was apparently caused by a woman who was covered by two automobile insurance policies issued by related insurers. Following the collision, the guardian of the boy filed a negligence lawsuit against the woman, and her insurer secured an attorney to represent her. Following trial, jurors awarded the boy more than $11 million in damages. The insurance company paid the policy limits of…
  • Florida Supreme Court Overturns Decision in Medical Malpractice Case: Saunders v. Dickens

    Friedman, Rodman & Frank, P.A.
    9 Sep 2014 | 7:40 am
    In Saunders v. Dickens, a Florida man went to see a physician over pain, numbness, cramps, and lack of coordination while standing. The neurologist diagnosed the man with peripheral neuropathy caused by diabetes, although the doctor did not perform tests to confirm his diagnosis. He also sent the man to a local hospital for treatment. An MRI revealed the man suffered from a narrowed spinal canal. After that, the physician apparently consulted with another doctor and performed a neurological examination on the man. Following the examination, the doctor recommended the man undergo surgery for…
  • 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…
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    Massachusetts Social Security Disability Lawyers Blog

  • Garrison v. Colvin - ALJ Rejection of SSDI Claim Must be Rooted in Facts

    18 Sep 2014 | 4:01 am
    Administrative law judges overseeing Social Security Disability Insurance benefits claims do have a fair amount of discretion in determination of cases. They can decide whether certain expert witnesses deserve more credence than others, if some evidence should be discounted and whether they find the claimant to be believable. However, our Boston Social Security Disability Insurance attorneys recognize that despite the sometimes subjective nature of these proceedings, there is an important check on these powers in the form of the appellate courts. If the ALJ does not provide adequate reasoning…
  • 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…
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    Austin Immigration Lawyer Blog

  • California Voters Support Legalization for Undocumented Immigrants

    17 Sep 2014 | 5:40 am
    Voters in the state of California who participated in a survey conducted by the Los Angeles Times and the University of Southern California showed that they would adamantly support any measure that would provide the nation's 12 million undocumented immigrants a means of becoming legal citizens. That works out to almost three out of every four voters surveyed who favors a major overhaul of the current federal immigration policy that would favor unauthorized immigrants living in the United States. Unaccompanied Children Still a Serious Issue Despite the overwhelming support of legalization…
  • Immigration Reform is Stagnant as November Elections Approach

    15 Sep 2014 | 4:44 am
    For political officials as well as observers, immigration reform is likely to become a defining issue for the Republican Party in the near and distant future. This is particularly true in states like Arizona, New Mexico, and Texas as well as in non-border states like Colorado, all of which have a significant Hispanic population. But while that is certainly the conventional expectation, it has not proven to be the case during the current midterm cycle. Many state representatives claim that their constituents are far more likely to be concerned about other issues like the nation's economic woes…
  • 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…
 
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    Health Care Law Blog

  • Health Care Fraud Report: OIG Alert Regarding Laboratory Payments to Referring Physicians

    16 Sep 2014 | 2:57 pm
    Clinical laboratory payments to physicians in excess of the fair market value of services provided or that correlate to the volume or value of referrals can constitute health care fraud and trigger very serious civil and criminal penalties. The Department of Health and Human Services' Office of Inspector General (OIG) recently issued a Special Fraud Alert (the "Alert") addressing lab compensation to referring doctors and medical practices for blood specimen collection, processing and packaging, and for submitting patient data to a registry or database. Our Georgia health care law firm…
  • 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…
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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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    NYTrafficTicket.com

  • 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

  • Spencers & Roadpeace - working together to support road crash victims

    Spencers Solicitors
    18 Sep 2014 | 3:55 am
    Spencers Solicitors are pleased to announce their new role as a corporate supporter for RoadPeace, the national charity for road crash victims. RoadPeace works directly with those bereaved or injured through road crashes, providing much needed support and ensuring the trauma they suffer is acknowledged and justice achieved. They also campaign tirelessly for road danger reduction and fight to ensure adequate support services exist for victims and their loved ones, both in the immediate aftermath of road death or injury, and in the face of any legal obstacles. Through their work they act to…
  • 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…
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    White Plains Personal Injury Lawyer Blog

  • SECOND QUARTER HOME SALES DOWN

    18 Sep 2014 | 2:04 pm
    In an article by Leif Skodnick in The Westchester County Business Journal, he points out that even with an increase in inventory, home sales were down for the second quarter of 2014. Westchester is one of the four counties for which Hudson Gateway tracks data. They conclude that there has been a 12% overall drop in home sales in the second quarter of 2014 as compared to 2013, and a 13.5% drop in sales of single family homes. Home prices stayed relatively stable in Westchester with a median sale price of $651,250 in 2014, just a 0.2% increase over 2013. Douglas Elliman in Katonah states they…
  • HOME SALES IN JULY RISE 2.4%

    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…
  • DISTRACTED DRIVING REVISITED

    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…
  • UNEMPLOYMENT RATE DOWN

    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…
  • REAL ESTATE MARKET - SECOND QUARTER

    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…
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    Pinellas County Florida Criminal Lawyer Blog

  • Judge Doesn’t Need Proof of Dept. of Corrections’ Inability to Meet Man’s Medical Needs to Issue Lesser Sentence

    Pawuk & Pawuk, P.A.
    17 Sep 2014 | 7:31 am
    While Florida’s criminal sentencing guidelines exist to help promote fairness, the law gives judges discretion to issue lesser penalties when the sentence prescribed by the guidelines does not meet the ends of justice. That can be especially true when the accused person suffers from serious mental or physical problems. In one such recent case, the Florida Supreme Court weighed in to confirm that courts do not have to make findings that the needed medical care is unavailable through the corrections system in order to impose a lesser sentence based upon that person’s medical…
  • 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…
 
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    Oakland Employment Lawyer Blog

  • PG&E Fined $1.4 Billion for San Francisco Pipeline Explosion

    Liberty Law
    18 Sep 2014 | 4:40 am
    California regulatory judges have imposed a $1.4 billion fine against Pacific Gas & Electric. The fine stems from a 2010 gas pipeline explosion in San Bruno, a San Francisco suburb. The fine is said to be the largest fine ever issued by the California Public Utilities Commission. PG&E, which is California’s largest utility, can appeal the fine. The fine stemmed from the deadliest utility disaster in California in decades. A 30 inch natural-gas line, which was installed in 1956, ruptured in September of 2010. It destroyed over three dozen homes. The explosion was so strong that…
  • 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…
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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 SFBay.ca, 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

  • Student Biker Struck by Car near Riverview High School

    Whittel & Melton, LLC
    17 Sep 2014 | 11:31 am
    A 17-year-old girl riding her bicycle near Riverview High School on Tuesday morning was hit by a car. According to the Hillsborough County Sheriff’s Office, the girl, who is a Riverview High student, was struck by an Acura sedan on Whispering Creek Boulevard near Balm Riverview Road just south of Boyette Road. The driver of the Acura, a 23-year-old man, waited at the scene for deputies to arrive. According to officials, the man won’t be cited in the crash. The crash occurred just before 7 a.m. The accident caused the roadway to be shut down for about an hour. Authorities said the…
  • 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…
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    Minneapolis Personal Injury Law Blog

  • The first hurdle to overcome in a Minnesota birth injury case

    On behalf of Rischmiller & Knippel LLP
    19 Sep 2014 | 5:05 am
    If you are a Minnesota resident who suspects that a doctor's error may have contributed to your child's birth injuries, there are a few things you should know. Birth injuries cover such a wide variety of maladies, ranging from brain damage caused by oxygen starvation to the brain to shoulder dislocations from a doctor forcibly removing an infant from his or her mother's birth canal. In an effort to reduce the number of frivolous and unfounded lawsuits being filed throughout the state, Minnesota adopted a statute in 2007 designed to provide a legal "speed bump" for claims filed against…
  • 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…
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    Harrison County Personal Injury Law Blog

  • Text messages are dangerous

    On behalf of Carlile Law Firm LLP
    19 Sep 2014 | 6:46 am
    Texas driving can be a great convenience, but that convenience carries a responsibility to drive with care. If not, a car accident may be on the horizon. A common violation of that duty is driving while distracted. Distracted driving is driving while doing anything that draws your attention away from driving. Drivers can be distracted in many different ways. Some classic distractions are adjusting the radio, reading a map and eating and drinking. Some newer distractions are texting, looking at GPS and using a cell phone or smartphone. To see how dangerous these distractions can be, consider…
  • 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…
 
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    Long Island Bankruptcy Attorney Blog

  • The importance of showing up for a debt collection hearing

    On behalf of Gregory P. Haegele, PLLC
    17 Sep 2014 | 3:12 pm
    Although New York residents might not be eager to attend a debt collection hearing, simply showing up to court could result in a dismissal of the lawsuit. According to a 2010 report by the Federal Trade Commission, between 60 and 95 percent of debtors do not appear to defend their debt collection lawsuits. As a result, many collection agencies rightly assume that they will be given a default judgment. In many cases, all a person who owes credit card debt has to do to have a lawsuit against them dismissed is to show up at the court hearing and ask the debt buyer to prove that they owe the…
  • 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…
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    Tennessee Estate Law Blog

  • Differences Between a Power of Attorney and Conservatorship

    Ryan Simmons
    16 Sep 2014 | 2:44 pm
    Recently attorney Jim Higgins stopped by WSMV’s Better Nashville to discuss the differences between a power of attorney and a conservatorship in Tennessee. Both of a power of attorney and conservatorship enable another person to make decisions or take actions on an individual’s behalf. However, there are different circumstances as to when each of these legal actions should be utilized. For instance, a power of attorney is a legal form utilized when the principal, or person granting the decision making authority, is mentally capable of granting that power to another person. In…
  • 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…
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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

  • Get your fair share out of your Texas divorce

    On behalf of Shriver & McLean, L.L.P.
    18 Sep 2014 | 12:48 pm
    When you enter a marriage with a prenuptial agreement, you expect it to cover all aspects of your property and life. Of course, sometimes it doesn't work that way, and you may need to take other steps to protect your property. To understand how a divorce works out in Texas, you need to know that Texas is a community property state. That means that any property that becomes classified as community assets will be split between you and your spouse equitably. That isn't the same thing as splitting your assets 50-50. Here's one way to think about it. If you have a home and a car worth different…
  • 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…
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    Canton Social Security Disability Law Blog

  • Is there a better way to diagnose clinical depression?

    On behalf of Marsh & Mittas Law Office, LLC
    19 Sep 2014 | 2:21 pm
    As anyone who has dealt with depression is likely well aware, it can take many forms and can sometimes be difficult to diagnose. Individuals in the midst of living with the condition may not be able to articulate their symptoms. In other cases it can manifest itself in physical ailments leading health care providers to address those issues rather than recognize and treat the depression that is the root of the issue. Difficulties in diagnosing the condition delays the possibility of individuals, who can no longer work as a result of the disease, applying for securing disability benefits from…
  • 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…
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    Sacramento Injury Law Blog

  • Man taken into custody after fatal California accident

    On behalf of Aiken & Jacobsen
    17 Sep 2014 | 4:51 pm
    Police say that a 40-year-old man was involved in three separate crashes on Sept. 11. The first crash took place around 1 a.m. on Haven Avenue near the 60 Freeway. The man's big-rig crashed into a sedan, and the driver of the sedan was killed. Police say that the big-rig left the scene of the first crash but was soon spotted abandoned in the number four lane on Freeway 60 east. Authorities say that the big-rig had crashed into a dividing wall near the Haven Avenue on-ramp. Although the man tried to flee the scene on foot, officers found him walking on the freeway near the Milliken Avenue…
  • 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…
 
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    Morristown Personal Injury Law Blog

  • Seconds count when it comes to avoiding car accidents

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    21 Sep 2014 | 9:25 am
    A recent accident here in New Jersey involving four cars could have included at least one more. The man driving that car found out just how much seconds count when it comes to avoiding car accidents.  Unfortunately, the drivers of three other vehicles behind him were not as lucky. The driver who got away was traveling on the west side of New Jersey's Interstate 195 when he saw a vehicle from the east side of the highway coming toward him. When he realized the vehicle was not slowing down, he had only seconds to make a decision.  He accelerated and avoided the collision, but a pickup…
  • Driver negligence probable in deadly New Jersey accident

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    18 Sep 2014 | 6:27 am
    Most New Jersey drivers are aware that during and after it has been raining, the chance that a vehicle may not have the traction needed to stay on the roadway increases.  If a vehicle also happens to be going above the posted speed limit, this is a recipe for disaster.  Failing to consider the prevailing road conditions while driving could be considered negligence. Police believe this combination of factors at least contributed to a crash that occurred on a recent Saturday night.  Someone living in the area called 911 to advise law enforcement officials that an accident…
  • 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…
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    Chicago Auto Accident & Injury Law Blog

  • Car runs red light, causes accident and injury

    On behalf of Strom & Associates
    17 Sep 2014 | 4:52 pm
    A crash involving three vehicles that occurred in Illinois on Sept. 11 has resulted in injuries to two women and the citation of a teenage male. Authorities report that the crash took place at an intersection and obstructed traffic in all directions. According to police, the car accident happened when two cars were waiting to turn left at the intersection. When the traffic light turned green, both drivers attempted to make the turn. At the same time, a 16-year-old male failed to stop at a red traffic light and crashed into both of the vehicles. The collision injured both drivers of the…
  • 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 Cook County medical examiner's office declared the woman dead at a local hospital around 9:45 p.m. According to reports, a BMW SUV collided with a northbound Jeep Wrangler as the vehicles were near 87th Street. The force of the impact sent the Jeep toward an embankment where it rolled two times. First responders transported the Jeep's driver, a 44-year-old woman, to Oak Lawn's Advocate Christ Medical…
  • 5 killed, 3 injured in Illinois crash

    On behalf of Strom & Associates
    5 Sep 2014 | 4:52 pm
    A 51-year-old truck driver from Indiana was recently indicted on 15 reckless homicide counts, according to the state's attorney's office in Wills County. He was alleged to be the cause of an accident on July 21 near Channahon on Interstate 55. The chain-reaction crash occurred when the truck driver was speeding in a construction zone heading northbound at Arsenal Road. He allegedly changed lanes abruptly, causing the crash that involved a van and two cars. Five people lost their lives, and four of them were pronounced dead at the scene. One other was pronounced dead on Aug. 6 at Loyola…
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    El Dabe Personal Injury Law Firm Blog

  • Car Fatally Strikes Elderly Pedestrian Gregorio Nolasco in Santa Ana

    Injury Reporter
    21 Sep 2014 | 7:45 am
    SANTA ANA (September 18, 2014) – Pedestrian Gregorio Nolasco died on Thursday after being fatal struck by a car on Thursday morning. Nolasco was crossing Main Street at 300 S. Main Street near W. Pine Street when he was struck minutes before 6:00 a.m.  He was declared dead at the scene from the blunt force trauma. View of 300 S. Main Street, near Pine Street intersection, Santa Ana Gregorio Nolasco was 83 years old.  He resided in Santa Ana. An investigation is under way and eye witnesses should contact the Santa Ana Police Department at (714) 245-8665.  According to some reports,…
  • Pedestrian Juan Dominguez Fatally Struck in Santa Ana near Auto Mall

    Injury Reporter
    17 Sep 2014 | 6:48 pm
    SANTA ANA (September 15, 2014) – Santa Ana resident, Juan Dominguez, was fatally struck by a pick-up truck on Monday morning. View of 1404 S. Ritchey Street at Auto Mall Drive, Santa Ana Dominguez was struck by a pick-up around 7:30 a.m. at 1404 S. Ritchey Street near Auto Mall Drive, a mostly industrial area.  Dominguez was immediately taken to Western Medical Center where he died later that evening from his injuries.  Monday was in fact Dominguez’s 44th birthday.  Our heartfelt condolences go out to the family and friends of Juan Dominguez. Witnesses should contact the Santa…
  • Elderly Pedestrian, Vicente Banagale, Struck and Killed by Car in Orange

    Injury Reporter
    17 Sep 2014 | 6:25 pm
    ORANGE (September 15, 2014) – Vincente Banagale was fatally struck early Monday evening while attempting to cross a street in the city of Orange. W. La Veta Avenue near Devon Road, Orange, CA Banagale was attempting to cross the street in a mostly residential neighborhood when a vehicle struck him around 6:30 p.m.  The accident happened at W. La Veta Avenue, just west of Devon Road.  He was rushed to UCI Medical Center in where he later succumbed to his injuries.  The 83 year old was a resident of the city of Orange.  He died just two months shy of his 84th birthday. The cause of…
  • Pedestrian Bystander Robert Borkland Killed in Huntington Beach Accident

    Injury Reporter
    14 Sep 2014 | 9:42 am
    HUNTINGTON BEACH (September 12, 2014) – Pedestrian bystander, Robert Borkland, was killed on Friday as a result of a two car crash that happened near him around noon time on friday. Two cars collided with one another at 9812 Hamilton Avenue in front of the Resurrection Lutheran Church located between Brookhurst Street and Bushard Street.  The accident sent one car over the sidewalk which struck multiple cars and two pedestrians.  Borkland, a local transient, was in a nearby bush with another male when both were struck as a result of the crash.  Paramedics pronounced Borkland dead at…
  • William Rowland Jr. Killed by Car While Crossing Huntington Beach street

    Injury Reporter
    8 Sep 2014 | 3:52 pm
    HUNTINGTON BEACH (September 5, 2014) – William Rowland Jr. was fatally struck by a car Friday evening while attempting to cross a street in Huntington Beach. The accident took place at around 7:30 p.m. at the intersection of Yorktown Avenue and Education Way.  According to some sources, he may have been riding a bicycle at the time of the accident.  Rowland Jr. was rushed to UCI Medical Center where he was later pronounced dead.  The Huntington Beach resident was 62 years old. The driver of the Nissan Sentra which struck Rowland Jr. has been identified as a 64 year old male.  He was…
 
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    Columbus Personal Injury Law Blog

  • Family awarded $4.5 million in wrongful death suit

    On behalf of Dale Perdue
    20 Sep 2014 | 6:04 am
    After four years, the family of a man who lost his life after a simple routine MRI finally has a verdict in their suit. The estate was awarded $4.5 million for his wrongful death. Any family in Ohio who has suffered a similar loss of a loved one also has the right to file a civil suit if they feel as if a medical center or another third party's negligence was to blame. On June 18, 2008, the 56-year-old went into a medical center to have an MRI taken. He was a patient at the institute since 2001, and he was being treated for unspecified back pain. Before he went in to the MRI, the medical…
  • Friendly gesture leads to fatal car accident in Ohio

    On behalf of Dale Perdue
    18 Sep 2014 | 6:05 am
    Sometimes, while a person is driving and does not have the right-of-way, the motorist that does have the right will make a friendly gesture and allow the person to go first. However, when situations such as this one occur, it is crucial that the person allowed to go first still follows proper road safety procedures, such as checking oncoming traffic. A similar situation recently occurred in Ohio, and it resulted in a fatal car accident. A red pickup truck was traveling west on a busy street, and the driver wanted to turn into the parking lot of a local business. Another vehicle heading east…
  • Product Recalls Update: GM approves 19 death claims

    By D. Andrew List
    16 Sep 2014 | 6:21 am
    The attorney for the GM ignition switch settlement fund announced that he has approved 19 death claims.  Previously General Motors had acknowledged only 13 deaths connected to the faulty ignition switch issue that led to product recalls of millions of GM vehicles. The settlement fund was established to compensate those who were seriously injured or killed in motor vehicle crashes involving GM vehicles that were recalled due to defective ignition switches.  The defect caused the ignition switches to unexpectedly and suddenly move from the "on" position to the "off" position,…
  • Wrongful death of motorcyclist caused by impaired driver

    By Glen R. Pritchard
    15 Sep 2014 | 7:33 am
    According to police, the wrongful death of a Lancaster motorcyclist on Saturday was caused by an impaired driver. A 63 year old Lancaster resident, James E. Lowe, Jr. died at Fairfield Medical Center of injuries sustained in the crash.  Lowe's 7 year old granddaughter, Haily N. Derbyshire, was a passenger on his motorcycle.  Hailey was seriously injured.  She was transported by medical helicopter to Nationwide Children's Hospital in Columbus where she is reported to be in critical condition. Lancaster police stated that a 20 year old Rushville woman, Devin Downour, was under…
  • Product Recalls: GM issues stop sale order for new Corvettes

    By D. Andrew List
    12 Sep 2014 | 11:24 am
    Product recalls by General Motors have become commonplace in 2014.  So far this year, GM has issued 65 recalls involving over 29 million vehicles.  It appears that yet another recall is imminent. General Motors dealerships have been advised to cease sales of nearly 3,000 new Chevrolet Corvettes due to two potential problems.  One of the problems involves a part that is supposed to attach the driver's side airbag tothe steering while, while the second problem involves rear parking brake cables that were improperly installed.  Even though most of the affected vehicles have…
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    El Paso Criminal Defense Law Blog

  • Criminal charges of child abuse for football star Adrian Peterson

    On behalf of Ruben Ortiz
    18 Sep 2014 | 4:01 am
    The National Football League is no stranger to scandal. Many players have been accused of various crimes, and the backlash from fans can impact player's careers -- even if they are eventually acquitted. Non-celebrities can learn from the experiences of these players in relation to how criminal charges can affect a person's life, from their job to their personal relationships. One recent example involves Viking's player Adrian Peterson who turned himself into Texas law enforcement on charges of child abuse. Peterson reportedly used a thin tree branch, commonly known as a "switch," to whip his…
  • Fraud and what it may entail for those accused in Texas

    On behalf of Ruben Ortiz
    13 Sep 2014 | 8:18 am
    Those in Texas who are accused of committing white collar crimes may think that it is not as serious an offense as others. Because it doesn't involve a violent act, it may seem as though the punishments should be less serious, but that is not necessarily the case. Those convicted of fraud or other related crimes can face long jail sentences and hefty fines. Knowing exactly what fraud entails might be helpful for those who are accused of this crime in order to understand just what the possible ramifications might be.Fraud occurs when one person intentionally deceives another person, business…