• Most Topular Stories

  • Ferguson and The Grand Jury Sieve

    Simple Justice
    24 Oct 2014 | 5:35 am
    Who says the cops in St. Louis don’t learn how to play the media?  Sure, they may have arrested reporters and gotten nailed on video dismantling equipment after they gassed them, but that was then. This is now: Some of the physical evidence — including blood spatter analysis, shell casings and ballistics tests — also supports Wilson’s account of the shooting, The Post’s sources said, which casts Brown as an aggressor who threatened the officer’s life. The sources spoke on the condition of anonymity because they are prohibited from publicly discussing the case. See that last…
  • Lawyer who didn’t share client payments with his partners is disbarred

    ABA Journal Daily News
    24 Oct 2014 | 3:15 pm
    Reversing an earlier decision to suspend a prominent Muskegon, Michigan, criminal defense attorney for two years for misappropriating client payments that should have been shared…
  • Skadden Arps Plans Move to New Tower on Manhattan’s West Side

    Law Blog
    Eliot Brown
    24 Oct 2014 | 2:47 pm
    A soaring new skyscraper is poised to rise on Manhattan’s West Side, as legal giant Skadden Arps Slate, Meagher & Flom LLP has signed a letter of intent with Brookfield Property Partners to move to the planned 1 Manhattan West tower, according to a Skadden spokeswoman.
  • Ask these questions to improve your leadership

    PLI SmartBrief
    24 Oct 2014 | 6:38 am
    Asking employees whether they trust you and how you can improve can offer valuable insight about your abilities as a leader,  -More- 
  • “Purple” Haze – NLRB Still Unclear on Whether It Will Stop Employers From Limiting Use of Company Email to Business Purposes

    Elijah Yip
    15 Oct 2014 | 7:28 pm
    Federal law clearly gives employees the right to communicate with each other and with unions about work-related matters for purposes of “mutual aid and protection.” Commiseration among co-workers about working conditions, work policies, wages, and the like are concerted, protected activity under the National Labor Relations Act (NLRA).  But must an employer allow employees to use its computer equipment for such communications? Employers breathed a sigh of relief when the National Labor Relations Board (NLRB) answered “no” in its Register Guard decision issued in 2007. Under Register…
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    Law Blog

  • Skadden Arps Plans Move to New Tower on Manhattan’s West Side

    Eliot Brown
    24 Oct 2014 | 2:47 pm
    A soaring new skyscraper is poised to rise on Manhattan’s West Side, as legal giant Skadden Arps Slate, Meagher & Flom LLP has signed a letter of intent with Brookfield Property Partners to move to the planned 1 Manhattan West tower, according to a Skadden spokeswoman.
  • Field of AG Candidates Narrows as Ruemmler Withdraws Name

    Jacob Gershman
    24 Oct 2014 | 1:09 pm
    Former White House counsel Kathryn Ruemmler has withdrawn her name from consideration as President Barack Obama ’s nominee for attorney general, a White House official said Friday.
  • Driver Destroys Disputed Oklahoma Ten Commandments Statue

    Jacob Gershman
    24 Oct 2014 | 12:03 pm
    Federal authorities have detained a man suspected of smashing his car into the Ten Commandments monument on the grounds of the Oklahoma Capitol, reducing the disputed statue to rubble.
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  • “Purple” Haze – NLRB Still Unclear on Whether It Will Stop Employers From Limiting Use of Company Email to Business Purposes

    Elijah Yip
    15 Oct 2014 | 7:28 pm
    Federal law clearly gives employees the right to communicate with each other and with unions about work-related matters for purposes of “mutual aid and protection.” Commiseration among co-workers about working conditions, work policies, wages, and the like are concerted, protected activity under the National Labor Relations Act (NLRA).  But must an employer allow employees to use its computer equipment for such communications? Employers breathed a sigh of relief when the National Labor Relations Board (NLRB) answered “no” in its Register Guard decision issued in 2007. Under Register…
  • Employee’s Snarky Facebook Post Lands Employer in Trouble Under the ADA

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

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

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

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

    Walter Olson
    25 Oct 2014 | 6:22 am
    New York law “mandates that the city pay for storing furniture and personal belongings for homeless people.” The city has paid more than $200,000 so far for Andrea Logan’s, part of a program whose costs to the city now exceed $14 million a year. [New York Post] Tweet Tags: NYC Great moments in social welfare policy is a post from Overlawyered - Chronicling the high cost of our legal system
  • Needed: a post-Frieden CDC

    Walter Olson
    24 Oct 2014 | 2:23 am
    Bloomberg’s nanny-in-chief was never the right choice to lead the Centers for Disease Control, much less with an actual epidemic in sight, argues the New York Sun: …it was the former mayor of New York City who gave the nation Thomas Frieden, who is one dangerous doctor and is the middle of the catastrophe. … Because of the government’s blunders in the Ebola emergency, people are starting to look a harder look at Bloombergism. … the CDC budget has soared more than 200% since 2000 to $7 billion. The Centers, moreover, are squandering this lucre (which was seized from…
  • Illinois Supreme Court battles

    Walter Olson
    23 Oct 2014 | 9:15 pm
    Really, the headline is as good an introduction to this tangled web as any: “Clifford firm contributes $150K to unseat Justice on the same day he’s in court saying campaign money corrupted Supreme Court.” [Madison County Record, related post ten years ago] Also, Illinois election officials say the state may need to have a slow Election Night [The Southern Illinoisan] Tweet Tags: Illinois, judicial elections, state high courts Illinois Supreme Court battles is a post from Overlawyered - Chronicling the high cost of our legal system
  • Food roundup

    Walter Olson
    23 Oct 2014 | 9:05 pm
    Sugar, tea, fish and game, public houses: food freedom grievances helped fuel America’s revolution against Britain [Baylen Linnekin] Colorado, Oregon voters consider GMO labeling, which “likely will mislead more than inform.” [David Orentlicher, Health Law Prof and more] “Say No to GMO Labeling, Even If It Feels Terrible” [alt-weekly Portland Mercury; earlier on GMOs] “White House Boosts Fictional ‘Food Addiction’ Concept to School Kids” [Glenn Lammi, WLF] D.C. Circuit: immigration law doesn’t block specialized Brazilian steakhouse…
  • Mauna Kea, NAGPRA, and science’s “turn back toward the dark ages”

    Walter Olson
    23 Oct 2014 | 3:27 am
    Now this is welcome: the New York Times (via Ronald Bailey) has a column by George Johnson jumping off from the question of whether locating a giant telescope on Mauna Kea would unfairly desecrate the religious and ancestral heritage of (some) native Hawaiians. Johnson notes: While biblical creationists opposing the teaching of evolution have been turned back in case after case, American Indian tribes have succeeded in using their own religious beliefs and a federal law called the Native American Graves Protection and Repatriation Act to empty archaeological museums of ancestral bones —…
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    Solo Practice University®

  • The 5 Dumbest Things New Solos Do

    Lee Rosen
    23 Oct 2014 | 5:30 am
    We’re thrilled to have Lee Rosen pen a guest post every now and then for our Solo Practice University blog.  Whether he’s in Bulgaria, Hong Kong or the remote hinterlands, he stays fully connected, practicing law and sharing his very worthwhile no-holds-barred advice. Here’s your first dose of Rosen-isms. When you go out on your own, you need to focus on getting clients. That’s it. A one-track mind is critical. Think of nothing else. Just go, go, go get a client. Once clients are hiring you, then you can worry about everything else. For now, do nothing but get…
  • Soloing With Mindfulness In Mind

    Judi Cohen
    21 Oct 2014 | 5:30 am
    Solos always need tools to get ahead. The most obvious tool to help you do that is actually inside your head. You just need some training to understand it, and use it to your best advantage. The training is mindfulness training. Every few days another article on the benefits of mindfulness hits the news. In August we learned that mindfulness can decrease anxiety and help reduce relapse for clinical depression, in addition to lowering instances of doctor visits. At Case Western Reserve University School of Medicine, researchers conducting a hypertension trial on non-medicated adults found that…
  • When You Find Yourself in a Malpractice Claim, Stop Digging

    Laura Loyek
    20 Oct 2014 | 5:30 am
    There is nothing easy about informing your client that you’ve made a mistake.  It can be tempting to put off the difficult conversation in hopes that something will change or somehow the mistake will go away.  Unfortunately, things are not likely to get better, and delay will only compound the problem.  After contacting your malpractice carrier, you need to take a deep breath and tell the client what happened. Attorney Gary Mettler* found himself in this uncomfortable position when he missed the deadline to perfect an appeal.  Mettler represented Zack Peterson in connection with his…
  • Lists – An Effectiveness Tool for Every Lawyer

    Debra Bruce
    16 Oct 2014 | 5:30 am
    “Duh! Tell me something I don’t already know,” you might have said to yourself when you read this headline. I’m sure you already have some kind of list on your desk, on your computer, or on your mobile device right now. And yet, I frequently find myself coaching lawyers about creating and reviewing lists to help them manage the overwhelm of modern law practice. There are many different kinds of lists with different functions and different ways to manage them. This post will include a “list of lists” and a brief description of their benefits or functionality. Check out David…
  • The Necessity of Managing the Business Side of a Solo or Small Firm

    Mark Bassingthwaighte
    15 Oct 2014 | 5:30 am
    I have always felt that my law school education missed one key component. There was never a course on how to manage the business side of a law practice. Oh yes, I do know that now-a-days a number of law schools have developed a basic business class. I’ve actually been a guest lecturer in these classes at a few different law schools over the years. I just don’t think that the limited number of hours typically devoted to a broad range of topics suffices. What I’m talking about is this. There should be a serious year long course that delves into the ins and outs of managing a small…
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    Above the Law

  • A High-Dollar Koch Habit: Should Defense Lawyers Accept Money From The Koch Brothers?

    Tamara Tabo
    24 Oct 2014 | 2:30 pm
    Why can't more organizations place the needs of the people they serve over partisan stubbornness?
  • Non-Sequiturs: 10.24.14

    Joe Patrice
    24 Oct 2014 | 2:01 pm
    * NFL blackout rules will be a thing of the past on November 24. So just in time for all you rabid Rams fans to watch them play the Raiders. [CommLawBlog] * Electing judges is so very stupid. [What About Clients?] * OK, Alex Rich: it’s time to ditch document review and become a psychic. [Law and More] * A tumblr of offensive stuff overheard at Yale Law. If these are true, then that place sounds horrible. [The YLS Offensive] * Exactly where is the Arctic National Wildlife Refuge? It turns out the government doesn’t really even know. They’re looking to shift the border and possibly allow…
  • Stat of the Week: Where Are Young Lawyers?

    Above the Law
    24 Oct 2014 | 1:46 pm
    Why are there so few young lawyers?
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    Simple Justice

  • A Hostile Takeover of Victim, Inc.

    25 Oct 2014 | 5:15 am
    Remember the good old days when the demand to criminalize revenge porn was all about the terrible harm being done to women?  It wasn’t just a matter of embarrassment, when private naked images went public, but an attack on gender?  Sure you do. But what happens when reality doesn’t match the narrative? Revenge porn is widely portrayed as an act committed by men against women. But in a new twist, women are no longer just the victims of those who post explicit photos of someone online without that person’s consent. They are also the perpetrators of revenge porn. As one of…
  • Horse-Trading Constitutional Rights

    25 Oct 2014 | 4:15 am
    Dahlia Lithwick managed to overcome her Canadian roots, graduate Stanford Law and become a respected writer about the Supreme Court and American law at Slate and other, more credible, media outlets.  So what was she thinking when she blew her cred in this opening paragraph? The Supreme Court of the John Roberts era gets one thing very right: It’s one of the most free-speech-protective courts in modern history. There is no purveyor of semi-pornographic crush videos, no maker of rape-aspiring violent video games, no homophobic funeral protester, no anti-abortion clinic counselor, and no…
  • Ferguson and The Grand Jury Sieve

    24 Oct 2014 | 5:35 am
    Who says the cops in St. Louis don’t learn how to play the media?  Sure, they may have arrested reporters and gotten nailed on video dismantling equipment after they gassed them, but that was then. This is now: Some of the physical evidence — including blood spatter analysis, shell casings and ballistics tests — also supports Wilson’s account of the shooting, The Post’s sources said, which casts Brown as an aggressor who threatened the officer’s life. The sources spoke on the condition of anonymity because they are prohibited from publicly discussing the case. See that last…
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    Law and Magic Blog

  • A Remake of "The Illusionist"?

    15 Oct 2014 | 10:10 am
    According to The Hollywood Reporter, the CW Network is moving ahead with a remake/adaptation of "The Illusionist," the big screen version of Steven Milhauser's tale of a magician who sweeps his love off her feet with his conjuring abilities (as it were). The 2006 film starred Edward Norton and Jessica Biel and was part of a (sort of) slew of magician-themed movies during that period: remember Woody Allen's Scoop (2006) with Scarlett Johannsson and Hugh Jackman, and The Prestige (also 2006) and also with Mr. Jackman and Christian Bale. Says THR, "The…
  • I'll Take Five Powerballs, and Ten Scratchoffs, Please

    7 Oct 2014 | 7:27 am
    Ever wanted to know about lottery law? A lot about lottery law? And economics? And why people love them so much in spite of the fact that nearly everybody loses his money? And why legislatures continue to authorize them? Here's your article. Ronen Perry and Tal Zarkey, 'May the Odds Be Ever in Your Favor': Lotteries in Law.  Here's the abstract. Throughout history, lotteries have been used in numerous legal contexts. However, legal theorists have rarely discussed the role of randomization in law, and have never done so systematically and comprehensively. Against this…
  • Northern Virginia Town Repeals Ban On "Magic Arts"

    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…
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    What About Paris?

  • Prisoner of Rock 'n' Roll #2: James, Jones, Cocker & Bassinger.

    Holden Oliver (Kitzbühel Desk)
    25 Oct 2014 | 6:22 pm
    Go on over there and turn on the all the lights, Now come back here and stand on this chair...that's right. Raise your arms up in to the air...shake 'em You give me a reason to live... --Randy Newman, You Can Leave Your Hat On (1972)
  • Prisoner of Rock 'n' Roll #1: Dancing in small spaces.

    Holden Oliver (Kitzbühel Desk)
    25 Oct 2014 | 1:59 am
    Below during the performance of "Rollin' and Tumblin'" at the May 2005 Cream reunion concerts in London, a man in his 30s or 40s dancing in the audience was briefly captured on film for about 12 seconds dancing respectfully and quite well--most humans dance stiffly but this one is on good terms with his own body--in the small space surrounding his seat at the Royal Albert Hall. See 2:32 through 2:45 on the clip. The band playing is not too shabby either. Royal Albert Hall, May 4, 2005
  • Popular elections of American state judges is wasteful, anti-business, provincial, third-rate and a global joke.

    JD Hull
    24 Oct 2014 | 11:18 am
    On Tuesday, November 4, Americans will vote in mid-term federal elections for all House seats and one-third of the U.S. Senate seats. Moreover, except in Louisiana (with its general election in early December), voters in each state will vote on November 4 for candidates for office in a extraordinarily wide variety of state, county, municipal and local elections. Unfortunately, voters in 37 (Louisiana, again) of the 38 states that popularly elect judges will also participate on November 4 in those contests. Popular elections to select our state judges, we believe, is a wankfest of the first…
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    How Appealing

  • "Republic sues state to reveal info on lethal injections"

    Howard Bashman
    25 Oct 2014 | 9:51 am
    "Republic sues state to reveal info on lethal injections": Michael Kiefer has this article in today's edition of The Arizona Republic.
  • "Supreme Court Justice Sotomayor gives UNH students 'nuggets' for life"

    Howard Bashman
    25 Oct 2014 | 9:46 am
    "Supreme Court Justice Sotomayor gives UNH students 'nuggets' for life": This front page article appears in today's edition of The New Haven Register. And at 2:45 p.m. eastern time today, Justices Clarence Thomas, Samuel A. Alito, Jr., and Sonia Sotomayor will receive Yale Law School's Award of Merit. You can view the ceremony, and a conversation among the Justices to follow, live on YouTube via this link.
  • "Despite hype, House still hasn't sued Obama"

    Howard Bashman
    25 Oct 2014 | 9:24 am
    "Despite hype, House still hasn't sued Obama": Josh Gerstein of has this report.
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    Legal Juice

  • And The Legend Of “The Zebra” Was Born!

    John Mesirow
    24 Oct 2014 | 9:08 pm
    Now you can say you remember when “The Zebra” hit his first bank. Here’s how it went down, per The New Hampshire Union Leader: Police are searching for a man they say robbed a bank while wearing a zebra print dress. The Zebra is at large! Police said a man described as white, between 5 feet, 5 inches and 5 feet, 9 inches tall wearing the dress, black-rimmed glasses, white shirt and black overcoat robbed the Bank of New Hampshire branch at 301 North Main St. about 4:30 p.m. Thursday. The man passed a note to a teller, but did not mention or show any weapon, police said. After…
  • Admit It. You Can Always Use An Extra Phone Charger.

    John Mesirow
    23 Oct 2014 | 9:01 pm
    They break. They get lost. You want one for your car, your office, another room in your apartment or house.  But even in your darkest, lowest-phone-charge hour, you wouldn’t do this. As reported in the police blotter for the 62nd Precinct (Bensonhurst—Bath Beach) at A brute beat a woman over the head and stole her cellphone charger on Bay 37th Street on Oct. 20, according to NYPD officials. The woman was walking between 86th Street and Benson Avenue in Gravesend at 10:30 pm when the galoot ran up behind her, struck her in the back of the head, and snatched the…
  • Well, It Is Called “Sonic Drive-In”

    John Mesirow
    22 Oct 2014 | 9:04 pm
    Before you go getting up in this poor woman’s grill, take note that it is called a “drive-in”. And that’s just what she did. This is actually more common than you would think. The Juice had a case recently involving a woman who did the exact same thing, but she did a helluva lot more damage.  Anyway, as reported by The Daily News (Galveston County, Texas): No one was hurt when a SUV smashed through the wall of the Sonic Drive-In, 1169 West Main Street, Tuesday afternoon. Initial reports from League City police indicate that an 83-year-old woman was next door at the…
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    Ask the Lawyer @ Dear Esq.

  • How Can I Prevent My Neighbor From Encroaching On My Property?

    House Attorney
    24 Oct 2014 | 8:39 pm
    I purchased a piece of property with a boundary fence in place. We have now lived in the home for a year without complaint from our neighbor. The neighbor in back of me now comes over to our home statiwe are encroaching on his property because we are putting in plants and trees next to the fence.
  • Will My Custody Rights Be Challenged if I Wed?

    House Attorney
    22 Oct 2014 | 9:28 pm
    My daughter's father moved to another state and we have been separated for almost a year (we aren't married).
  • What Can I Do About the Damage Being Done to My Property?

    House Attorney
    21 Oct 2014 | 9:17 pm
    My mother-in-law owns property and I planted with her permission, dog woods , redbuds, and forsythia bushes, along with black walnut starts, and berry bushes. The electric company tells their employees, Asphundi, to clear 15' from each side.
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  • “Same As It Ever Was”?: The Definition of Marriage in Puerto Rico

    Linda McClain
    23 Oct 2014 | 7:36 pm
    On October 21, Judge Juan M. Pérez-Giménez, a federal district court judge in the District of Puerto Rico, made headlines by granting the Commonwealth of Puerto Rico’s motion to dismiss in Conde-Vidal v. Garcia-Padilla, a federal constitutional challenge brought by four same-sex couples  to Article 68 of Puerto Rico’s Civil Code, which defines marriage as “originating in a civil contract whereby a man and woman mutually agree to become husband and wife. . . ” Understandably, news stories and legal commentary about this case highlight the court’s consciously departing from…
  • Keynote Address: Public Health in the Shadow of the First Amendment

    Guest Blogger
    18 Oct 2014 | 2:30 pm
    Joshua M. SharfsteinFor the conference on Public Health in the Shadow of the First Amendment[The following is the text of the Keynote Address for the Conference on Public Health in the Shadow of the First Amendment, delivered at Yale Law School on October 18, 2014 byJoshua M. Sharfstein, M.D.Secretary, Maryland Department of Health and Mental Hygiene]Thank you for inviting me to speak at this important and timely conference. As a pediatrician and state public health official, I especially appreciate the chance to talk with you  today. I’d like to start by setting expectations.My…
  • Government By Wishful Thinking

    Guest Blogger
    17 Oct 2014 | 6:30 am
    Ted MerminFor the conference on Public Health in the Shadow of the First Amendment Public health and government have what supermarket tabloids refer to as a “complicated relationship.”  One of the reasons for the complexity is that government has a habit of governing idealized persons, while the people being governed have an equally strong tendency to behave in ways that are not ideal.  It does not take Dr. Phil – or, to advert to a greater sage of an earlier era – Dr. Ruth to figure out that this is not a recipe for a successful partnership.To illustrate: The story of…
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  • Did Chris Christie react to the charge that he was using his power as chair of the Republican Governors Association to undercut Scott Walker's reelection bid?

    25 Oct 2014 | 9:36 am
    "The RGA, chaired by Gov. Christie (R-N.J.), has been under pressure in recent days to do more to help Walker, a tea party favorite who rocketed to political stardom after he curbed bargaining rights for most public workers in his state. The Weekly Standard reported Thursday that there were brewing suspicions on the right that Christie, as RGA chairman, has been “undercutting” Walker, his potential rival for the 2016 Republican presidential nomination."That's from a Washington Post article noting that the Republican Governors Association has just put another $1 million into ads for Scott…
  • At the Gold Leaf Café...

    25 Oct 2014 | 8:31 am
    ... you can talk about whatever you want.
  • Should young women — in their 20s, with no children — be permitted to have the ultimate in birth control...

    25 Oct 2014 | 7:28 am
    ... sterilization?The American College of Obstetricians and Gynecologists weighed in on the topic last year with an updated policy statement on the benefits and risks of sterilization. The statement concludes that it's both a safe and effective means of permanent birth control. "Women who have completed their childbearing are candidates for sterilization," it says — without elaborating on what, precisely, that means. Does it refer to women who have already had a child, or several, and have now decided they're done? Or could that category also include an 18-year-old woman who has determined…
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    Concurring Opinions

  • Boston University Law Review’s Book Symposium: On War Powers and the Constitution

    Danielle Citron
    24 Oct 2014 | 5:58 pm
    Interesting upcoming event: the Boston University Law Review is hosting a book symposium on Steve Griffin’s Long Wars and the Constitution & Mariah Zeisberg’s War Powers: The Politics of Constitutional Authority. The event is happening on Thursday, October 30, 2014. See details here.
  • Predicting the Supreme Court Using Artificial Intelligence

    Harry Surden
    23 Oct 2014 | 10:51 am
    Predicting Supreme Court Outcomes Using AI ? Is it possible to predict the outcomes of legal cases – such as Supreme Court decisions – using Artificial Intelligence (AI)?  I recently had the opportunity to consider this point at a talk that I gave entitled “Machine Learning Within Law” at Stanford. At that talk, I discussed a very interesting new paper entitled “Predicting the Behavior of the Supreme Court of the United States” by Prof. Dan Katz (Mich. State Law),  Data Scientist Michael Bommarito,  and Prof. Josh Blackman (South Texas Law). Katz,…
  • Mea Culpa

    Gerard Magliocca
    23 Oct 2014 | 9:10 am
    My ongoing research on the meaning of the Bill of Rights has changed my view of something that I said in my book on William Jennings Bryan.  Admitting error is an important part of blogging and scholarship, so let me explain. One theme in the book is that incorporation suffered a setback due to the defeat of the Populist Party.  Basically, the idea is that there was some support for extending parts of the first set of amendments to the states into the 1890s on the Supreme Court, but that support dried up in the wake of the civil unrest that rocked the country in those years.  I then went…
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    Sui Generis-a New York Law Blog

  • NY bar on ethics of cloud computing – again

    22 Oct 2014 | 6:22 am
    This week's Daily Record column is entitled "NY bar on ethics of cloud computing – again."  My past Daily Record articles can be accessed here.  NY bar on ethics of cloud computing – again  New York state has long been on the cutting edge of addressing the ethics of using different technologies in the practice of law. So it was no surprise when the New York State Bar was one of the first to confront the ethics of cloud computing when the Committee on Professional Ethics handed down Op. 842 in 2010, which addressed the ethics of storing confidential client data online. In that…
  • Criminal and privacy implications of drones

    20 Oct 2014 | 10:21 am
    This week's Daily Record column is entitled "Criminal and privacy implications of drones."  My past Daily Record articles can be accessed here. Criminal, privacy implications of drones Every summer I work on the annual update for the book that I co-author with Judge Karen Morris: Criminal Law in New York. As part of my responsibilities, I review all of the cases about the substantive elements of the crimes to which I’ve been assigned and then write about the implications of the newest holdings. Of course technology has had an impact on New York’s Penal Law and is discussed in the…
  • Two U.S. judges allow service using Facebook

    9 Oct 2014 | 12:17 pm
    This week's Daily Record column is entitled "Two U.S. judges allow service using Facebook."  My past Daily Record articles can be accessed here. Two U.S. judges allow service using Facebook I think by now we can all agree that social media has affected all aspects of our culture, from social interactions and communication to business processes and even the practice of law. Mining social media for evidence and researching jurors using information available online is becoming increasingly commonplace.More lawyers than ever are using online social networks and tools for business…
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  • The Coming Global Prohibition On Securitization

    David Zaring
    23 Oct 2014 | 10:44 pm
    Okay, the headline was made to draw in the reader.  Non-banks will be allowed to securitize to their heart's content, and banks will likely basically continue to do the same.  However, the Basel Committee orchestrated a meeting in Tianjin between central bankers (they do monetary policy) and bank supervisors (they do safety and soundness),and came up with, among other standards, an approach to the ability of banks to hold collateralized debt obligations, the sort of obligations that have been blamed for the financial crisis. I will quote the report made from the meeting, though that's…
  • Turkish Banking Law Is All About Image

    David Zaring
    23 Oct 2014 | 6:54 am
    Turkey's largest Islamic bank believes that it has been targeted for destruction by the Turkish government, and, given the way things seem to go in that country, the level of conspiratorial innuendo is high.  But also high is the discretion of the government to act against banks and observers of same.  Banks generally did well in the financial crisis of 2008, if not so well before then.  Usually, supervision is done for safety and soundness.  But here's Euromoney's quote of one of the principles of Turkish banking law: The 'protection of reputation’ article of Turkey’s banking law,…
  • Family Film Blogging: Meet the Mormons

    Christine Hurt
    21 Oct 2014 | 9:18 am
    We were among the last folks in Provo-Orem to go see Meet the Mormons last night.  As it was ending, my very astute middle child whispered:  "The point is for non-Mormons to Meet the Mormons, but only Mormons are going to see it."  (Of course, we were seeing it in Provo, so that probably doesn't give us a random sample of moviegoers.)  So, the topic of this family film blog post is to ponder what would make a non-Mormon go to the movies and choose this movie over another. The reviews from film critics are pretty low.  The word "infomercial" is used a lot.  Perhaps not surprisingly, the…
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    Ms. JD Blog

  • Really? Men Are Welcomed Too?

    23 Oct 2014 | 12:23 pm
    During Orientation Week for the newly admitted 1Ls at our law school, student organizations were petitioned to place information tables encouraging students to engage in extracurricular activities. For our newly created National Women Law Students' Organization (NWLSO) chapter we had vivid brochures, a sign-up sheet, and enthusiastic Board Members answering all sorts of questions. More than 50 women approached the table and showed a genuine interest in participating and becoming part of the NWLSO. We were all very excited. There was a lot of movement and the table was rarely ever empty.
  • Planning Pitfalls for Lawyers and Professionals

    22 Oct 2014 | 4:57 am
    "A Plan is Nothing. Planning is Everything”  - Dwight Eisenhower Dear Ms. JD, Do you have your plan set for the rest of the year?  Strategic planning is about planning as it is about implementation. It’s a long term plan for growth and profitability. However, many professionals don’t invest and take the time to plan which results in loss of valuable time for all and misuse of limited resources. Avoid these planning pitfalls right from the start and you’ll have a strategic plan that is a living, breathing document. Or, as I tell my clients all…
  • The LSAT: How to Read the RC Passages (part 1)

    21 Oct 2014 | 9:13 pm
    There are several things I encourage my tutees to do when reading an RC passage (and I do recommend reading the passage first, thoroughly, and then working through the questions, rather than skimming the passage and then having to come back to it again and again for each question) (and one reason for this recommendation is that many questions require a ‘global’ understanding of the passage; they can’t be answered by just looking at one part of the passage): 1. Paraphrase as you go: put each sentence into your own words.  This will ensure that you actually understand…
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    Legal Profession Blog

  • No Beauty Or Culture In These Arguments

    Legal Profession Prof
    24 Oct 2014 | 10:53 am
    An attorney who is not regularly engaged in the practice of law but rather serves as chief financial officer of the Charleston Academy of Beauty Culture ("CABC") was suspended for three months by the West Virginia Supreme Court of Appeals....
  • Roeder Conviction Affirmed, Hard 50 Sentence Vacated

    Legal Profession Prof
    24 Oct 2014 | 8:36 am
    The Kansas Supreme Court has affirmed the conviction of the killer of Dr. George Tiller. The court found no basis for the defense of necessity or imperfect self-defense of others. Among the other arguments rejected was prosecutorial misconduct in argument...
  • Crimes Draw Suspension

    Legal Profession Prof
    24 Oct 2014 | 6:54 am
    Two incidents of criminal conduct have led to an attorney's 181 day suspension by the Kentucky Supreme Court. The first involved a guilty plea to criminal endangerment The charges relate to an altercation between Benton and his then girlfriend that...
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  • Law Firm Sued Over Text Message Advertisements

    20 Oct 2014 | 10:58 am
    A Connecticut resident is attempting to bring a class action suit against a New York law firm for allegedly violating a consumer protection law by sending out unsolicited text message advertisements.
  • Flying in the Clouds: A Safety Checklist

    23 Jul 2014 | 11:57 am
    Law Technology News published an article that reviews ethical and technical issues to consider when using cloud services. (
  • Lawyer Reviewing Jurors’ Internet Presence

    6 May 2014 | 1:24 pm
    A lawyer may review a juror’s or potential juror’s Internet presence, which may include postings by the juror or potential juror in advance of and during a trial, but a lawyer may not communicate directly or through another with a juror or potential juror.  See ABA Formal Opinion 466 (April 24, 2014)
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    China Law Blog

  • China’s Compliance Miracle: I Mostly Believe.

    23 Oct 2014 | 3:58 am
    A China client sent me the link to an article one of his employees had sent to him. My client’s email to me said only, “Is this true.” My response was even shorter: “Mostly yes.” The article is from The FCPA Blog, entitled, Do you believe in compliance miracles? The article talks of how China and India are “fast becoming global leaders for anti-corruption compliance and enforcement. That’s gotta be a miracle.” The article goes on to talk about how China’s corruption crackdown is happening with “real confidence, enthusiasm, and a…
  • China Legal Advice And The Role Of The “Grapevine”

    22 Oct 2014 | 3:58 am
    Every so often I go deep into the backend of this blog to review and delete the draft blog posts (some little more than an idea) that have yet to see the light of the Internet page, and shouldn’t. I did that today and came across a post on a great article Phil Taylor (now a solicitor trainee at Eversheds), wrote for the International Bar Association, entitled, Asia: Adopting the Right Mindset. The article talks about how and when lawyers should and do consider “factors beyond the letter of the law” in advising their clients. I strongly urge you to read the entire article.
  • China Company Indemnification From Product Defects. Yeah, Whatever.

    21 Oct 2014 | 3:58 am
    American lawyers love using indemnification provisions in product manufacturing agreements. They love them so much that they often use them in China manufacturing contracts (OEM Agreements) even though they do not work well at all there. American lawyers often put in a provision stating that if there is a product recall, the Chinese company must indemnify the American company for any fees/costs/damages incurred by the American company arising from the recall. American lawyers also often put in a provision stating that if anyone is injured by a product defect, the Chinese company must…
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    Patently-O » Patent

  • US Government Volunteers to Pay for Infringement by Japan Airlines

    Dennis Crouch
    24 Oct 2014 | 12:49 pm
    by Dennis Crouch The US Federal Government does not get a free-pass on patent infringement.  Rather, the Government’s unlicensed use of a privately held patent constitutes infringement and is actionable. However, Congress created a special court to hear the cases (the Court of Federal Claims), and implemented a number of restrictions on both the adjudication process and the substantive rights that all tend to favor the government as defendant.  See 28 U.S.C. § 1498.  Generally, patentees would prefer to litigate in Federal District court. Further, Congress created a special…
  • The Number of U.S. Patents In Force

    Dennis Crouch
    23 Oct 2014 | 4:11 pm
    [10/25/14 updated to correct minor data collection error]  by Dennis Crouch The chart above shows the number of patents in-force at any given point over the past forty years.  Each bar represents a snapshot taken on January 1* of the stated year and totals-up the number of issued but not-yet-expired patents.  The data for each year is divided-up into four groups categorized according to age (years-from-issuance).  You’ll note the growth in young patents and a temporary decrease in older-patents.  The decrease is due to primarily to the establishment of maintenance fees for…
  • Upcoming Events and Recent Job Postings

    Dennis Crouch
    23 Oct 2014 | 1:16 pm
    HOUSTON: November 5, 2014 – One night only. I will be delivering the University of Houston’s IPIL Annual Fall Lecture at the Four Seasons Hotel in Houston (Sponsored by the Katz Foundation). My talk will be on incentives (current and future) for patent clarity. [LINK]. Thank you to the University of Houston Law Center for hosting this event. AUSTIN: November 6-7, 2014, I will be speaking at the Advanced Patent Law Institute along with Professors Golden (UT Austin), Lemley (Stanford), Wegner (formerly with GWU), and Hricik (Mercer); the Hon. Terry Rea and Randy Rader; Rob Sterne, et…
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    Patent Baristas

  • What is Intellectual Property? A Student Guide and Definition.

    Stephen Jenei
    24 Oct 2014 | 7:54 am
    Innovate Product Design has created this infographic on “What is Intellectual Property? A Student Guide and Definition.” The infographic is intended to help people and students understand the importance of intellectual property and why it is also important for designers to protect their creative idea. © 2014 Innovate Product Design URL to Infographic: Related posts: Book Review Monday: The Business of Intellectual Property World Intellectual Property Day 2011: Designing the Future Book Review Monday: Intellectual Property Culture
  • Master a Rapidly Shifting Patent Law Landscape

    Stephen Jenei
    10 Oct 2014 | 8:22 am
    The Chisum Patent Academy is pleased to accept registrations for our next Advanced Patent Law seminar, to be held March 5-6, 2015. The venue is the award-winning 21C Museum Hotel in easily accessible and inexpensive Cincinnati, Ohio. The 21C was recently named the #1 hotel in the United States and #11 worldwide in the prestigious Condé Nast Traveler Readers’ Choice Awards. Why We’re Different: Because each Chisum Patent Academy seminar is uniquely limited to ten (10) participants, we offer an unparalleled opportunity for interactive roundtable discussion and debate. Our format is…
  • IQPC’s Global Patent Strategies Summit

    Stephen Jenei
    9 Oct 2014 | 8:16 am
    Challenges abound with regards to litigation, outsourcing and monetization; and are currently increasing on a national and international level. It is essential to understand these issues in order to have an upper-hand in overcoming these obstacles. IP and patent professionals are planning to invest in several services and solutions, some of which include: Valuation Services Recruitment & Talent Management Patent Litigation Patent Drafting & Filing IQPC surveyed a senior group of in-house IP and patent professionals to discover which services and solutions they plan to invest in over…
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    Religion Clause

  • 6th Circuit Grants En Banc Rehearing To Christian Evangelists Who Preached At Arab Festival

    Howard Friedman
    24 Oct 2014 | 4:20 am
    The U.S. 6th Circuit Court of Appeals has voted to grant an en banc rehearing in Bible Believers v. Wayne County, (reh. granted Oct. 23, 2014). In the case, the 3-judge panel in a 2-1 decision, affirmed the district court's dismissal of civil rights claims by Christian evangelists who engaged in aggressive preaching at the 2012 Arab International Festival in Dearborn, Michigan. Police insisted that they leave when the crowd turned hostile. (See prior posting.) Volokh Conspiracy has more on the case.
  • Court Rules In Kiryas Joel Voting Inspector Challenge

    Howard Friedman
    24 Oct 2014 | 4:15 am
    Photo News and Failed Messiah report on a New York state trial court decision handed down this week in Convers v. County of Orange, (Dutchess Cty. Sup. Ct., Oct. 21, 2014) (Docket). The case grows out of ongoing friction between the largely Satmar Hasidic Jewish village of Kiryas Joel and residents of the surrounding town of Monroe. Apparently after the citizens' group United Monroe complained that voters at polling places in Kiryas Joel were being bullied into voting for candidates supported by the Kiryas Joel Satmar Rebbe (the village's religious leader), the Board of…
  • Schools' Religious-Themed Snow Plow Decorations Rejected By City

    Howard Friedman
    24 Oct 2014 | 4:10 am
    For the last 5 years, the city of Sioux Falls, South Dakota has sponsored a "Paint the Plows" program.  Each participating public or private school is loaned a city snow plow and students use their artistic abilities to decorate the large plow blade.  Yesterday's Sioux Falls Argus Leader, however, reported that this year the designs painted on plow blades by two Lutheran schools brought complaints from a board member of the Siouxland Freethinkers. High school students painted their blade red and inscribed it in large white letters with the words "Jesus Christ."  The elementary…
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  • Twick or tweet?

    Ron Coleman
    20 Oct 2014 | 4:25 pm
    Ooooohhh!!!!! No, it’s not quite October 31st — that scary, creepy night when you’re so afraid of what’s out there that, if you’re LIKELIHOOD OF CONFUSION®, you close all the blinds …  lock the door…  and stay out of the house and somewhere absolutely else until at least 10:00 PM. But yes, it is time — well past time, in fact — for that semi-occasional roundup of recent topical tweets via the official LIKELIHOOD OF CONFUSION® Twitter account, @likely2confuse.  Which, if you’re on Twitter but you’re not following,…
  • Frivolous copyright claims don’t automatically merit fee awards

    Ron Coleman
    7 Oct 2014 | 7:22 am
    Originally posted 2006-06-19 12:49:37. Republished by Blog Post PromoterThe New York Law Journal reports that my old friend Southern District Judge Denise Cote has turned down Fox Entertainment Group’s attempt to recoup almost $280,000 in attorney’s fees (pursuant to the copyright statute) it spent staving off a copyright suit that Fox had demonstrated was frivolous (it involved an allegation that a Fox TV program was a “ripoff” of another program). Judge Cote has an interesting take on the issue: Although both sides agreed that the U.S. action should be dismissed with…
  • Sarah Palin trademark thing

    Ron Coleman
    7 Oct 2014 | 7:22 am
    Originally posted 2011-02-09 12:06:19. Republished by Blog Post PromoterI try not to blog about the trademark stories that are all over the place.  There are a couple of reasons for this.  One is that I am a snob.  I always knew that if “everyone was going” to see some movie, I was not interested in going unless some other reason could balance out the inherent flaw of popularity.  This is not a particularly meritorious quality of mine, but this is just between us. Even less meritorious, when you have one of these popular trademark stories — like the Palin trademark…
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    Grits for Breakfast

  • 'Evidence of things not seen' and other stories

    24 Oct 2014 | 7:53 am
    Here are several items that haven't made it into individual blog posts this week but which deserve Grits readers attention:Another plea for Max SoffarAt the Texas Tribune, Barry Scheck joined the chorus of voices calling for the governor to pardon Max Soffar before cancer ends his life. See earlier, similar calls from Michael Hall at Texas Monthly and Michael Berryhill here on Grits.Dallas to test rape kit backlogDallas has received a grant to fund analysis of its backlog of rape kit testing.Transgendered inmate sues over prison rapeIn light of Gov. Perry's decision that Texas will not comply…
  • The case for punishing prosecutor misconduct

    22 Oct 2014 | 5:22 am
    At Texas Monthly, Pam Colloff yesterday made "the case for punishing prosecutors who abuse their power," focusing on the Hannah Overton, Michael Morton and Anthony Graves cases. She also highlighted a case that's gotten less attention:Take the case of Alfred DeWayne Brown, currently on death row. In 2005 Brown was convicted of killing a Houston police officer in a bungled robbery that also left a store clerk dead. Brown always stuck by his alibi: on the morning of the crime, he said, he never left his girlfriend’s apartment. He claimed to have called his girlfriend at her workplace at…
  • Poll: Harris DA's race in a 'dead heat'

    21 Oct 2014 | 7:14 am
    A new poll from KHOU-TV in Houston shows the Harris County DA's race is a "dead heat" between incumbent and Rick Perry-appointee Devon Anderson and Democratic challenger Kim Ogg, with an enormous swath of the electorate undecided (46%).That doesn't surprise me. The incumbent replaced her husband who'd already been diagnosed with terminal cancer before he took office, so the public barely knew him, nor her, despite her having been on the ballot before as a judge (a very different sort of election). That means both candidates remain relatively unknown to the voters, who will judge mainly based…
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    Drug and Device Law

  • Without Failure To Warn, Other Claims Collapse

    Steven Boranian
    24 Oct 2014 | 7:56 am
    The key to appreciating the latest order granting summary judgment for the defense in the Ortho-Evra birth control patch MDL is to start with the order’s last paragraph:The Court has found that the Defendants provided adequate warnings sufficient to discharge their duty to warn.  Because the Defendants exercised reasonable care by communicating the risks involved with the Ortho Evra® patch to [the plaintiff’s] physician, and those warnings were not faulty, [the plaintiff] has not established a claim of negligent misrepresentation under Tennessee law.Brown v. Janssen Pharmaceuticals,…
  • On “Right To Try” Legislation

    23 Oct 2014 | 11:52 am
    Since the beginning of 2014, five states that we know of have enacted what is called “Right to Try” statutes.  See Ariz. R.S.A. §36-1311 to -1314; Colo. R.S.A. §§25-45-101 to -108; La. R.S. §1300.381-386; Mich. C.L.A. §§16221, 26451; V.A. Mo. S. §191.480.  “Right to Try” (a play on right to die) legislation addresses a serious subject as to which there is no easy answer.  There are still a lot of incurable diseases out there.  When somebody is afflicted with such a disease, all established treatments have failed, and that person is facing certain death, can…
  • Daimler (Bauman) As a Removal Tool in Multi-Plaintiff Cases

    23 Oct 2014 | 5:07 am
    Here’s another guest post, by Richard Dean and Peter Reed of Tucker Ellis.  They describe a successful combination (what we might call a “one-two punch” if that phrase were not already taken) of lack of personal jurisdiction under Bauman (also called Daimler) with removal, once the non-diverse (and fraudulently misjoined) plaintiffs lost their defendants.  We mentioned the state court ruling a while ago, here, but this post puts it in greater perspective.  As always all credit and blame go to our guest posters.*******************Plaintiffs like to use multi-plaintiff…
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    Crime and Consequences Blog

  • Monica Still Yacking, WaPo Still Spinning

    Bill Otis
    24 Oct 2014 | 8:38 pm
    Kent wrote this post about how the Washington Post (WaPo) published a blatantly biased story about this week's Gallup poll  --  the one that showed continuing overwhelming public support for the death penalty.I was peaceably eating lunch today when I saw this WaPo story about how Monica Lewinsky was "mistreated" by the FBI when they first interviewed her. The story starts:When onetime White House intern Monica S. Lewinsky broke her silence with a major speech this week, one subject brought her nearly to tears.Lewinsky's voice cracked as she recalled the moment in January…
  • Scratch One From the AG Short List

    Kent Scheidegger
    24 Oct 2014 | 1:45 pm
    Carol Lee reportsin the WSJ:Former White House counsel Kathryn Ruemmler has withdrawn her name from consideration as President Barack Obama 's nominee for attorney general, a White House official said Friday.Mr. Obama had asked Ms. Ruemmler to consider succeeding Eric Holder, who announced last month he would step down as attorney general when a replacement is confirmed. But Ms. Ruemmler, who was at the center of every legal decision made by the White House in Mr. Obama's second term, concluded her closeness with the president would make Senate confirmation difficult and create a bitter…
  • News Scan

    CJLF Staff
    24 Oct 2014 | 1:17 pm
    Convicted Sex Offender Accused of Rape: Authorities in Texas have arrested a convicted sex offender who is accused of raping two young girls and infecting them with HIV and other sexually transmitted diseases.  Mike Glenn of the Houston Chronicle reports that 33-year-old David Wilson is believed to have sexually assaulted his niece, who was just under 2-years-old at the time, and his ex-girlfriend's 14-year-old daughter.  Wilson was sentenced to four years in prison in 2004 after being found guilty of sexually assaulting another 14-year-old girl, he is currently being held in county…
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  • Saturday Open Thread

    25 Oct 2014 | 6:25 am
    What's on your minds today? Here's an open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
  • 4th Day of Jury Deliberations in Robel Phillipos Trial

    24 Oct 2014 | 1:18 pm
    The jury is in its fourth day of deliberations in the trial of Robel Phillipos, the friend of Dzhokhar Tsarnaev charged with two counts of making a false statement to federal officials in a terror investigation. Count One pertains to his statements... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
  • Zale Thompson's Hatchet Attack on Police in Queens

    24 Oct 2014 | 6:05 am
    Zale Thompson of Queens, New York attacked four recent police academy graduates with a hatchet on the street in Queens yesterday as they were posing for a picture. The incident was caught on tape. One officer was struck in the head and is in... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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    TheFunded Founder Institute News

  • Are Cofounders Necessary?

    23 Oct 2014 | 2:35 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 it is necessary to find a cofounder for your startup. This Week's Topic:Do you need a…
  • Crafting the Perfect Pitch: How to Find Your Secret Sauce

    22 Oct 2014 | 11:40 pm
    Devising the perfect startup pitch is an essential yet too often overlooked aspect of creating a successful company. Pitching your idea is crucial for attracting co-founders, customers, and, more importantly, potential investors, and special care should be given to effectively communicating your idea. However, as Adeo Ressi, Founder and CEO of the Founder Institute, says, not only must your pitch clearly state a problem and solution, it must have what he refers to as a "secret sauce" - the one unique aspect that sets your company apart, if not above, your competition. The blog post, "Cheaper…
  • ReadyPulse featured on Virtual-Strategy Magazine, Kindara highlighted on Daily Camera, and More Grad News

    22 Oct 2014 | 7:55 pm
    Since launching in 2009, the Founder Institute has helped launch over [total_graduates] new technology companies across [total_cities] cities, [total_countries] countries, and six continents. These companies have gone on to do great things, and create over [total_jobs] new jobs.  Over the past week, ReadyPulse featured on Virtual-Strategy Magazine, Kindara highlighted on Boulder County Business, ISOSIZE was chosen as "Startup of the Month" by Microsoft Innovation Center Brussels, and more. Below is a roundup of recent Founder Institute Graduates in the news: ReadyPulse…
  • Meet the Most Promising Los Angeles Founder Institute Graduates of 2014

    22 Oct 2014 | 5:10 pm
    The Founder Institute, the world's largest startup accelerator, opened in Los Angeles in 2010, and since then, it has helped launch over 65 new technology companies in the area.  While almost all of the Los Angeles Founder Institute graduates are exceptional, there are a few who stand out. The graduates profiled below have all achieved significant milestones in 2014, building meaningful and enduring technology companies aimed at improving the lives of people all over the world. The Los Angeles Founder Institute is currently accepting applications. If you could use expert training and…
  • 10 Must-Read Articles On Running A Two-Sided Marketplace Startup

    21 Oct 2014 | 7:05 pm
    A marketplace is a platform that connects a buyer and a seller, and it usually improves efficiency in communication and payment. Such a platform can facilitate buying and selling between companies and individuals (such as Alibaba), or it can facilitate buying and selling between individuals (such as Airbnb). While the concept sounds simple, building a marketplace is much more difficult because you have to combine the interests of two groups of users (buyers and sellers) in one single product, instead of building just for one group of users. To help you out, here are 10 must-read…
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  • Petition of the day

    Maureen Johnston
    24 Oct 2014 | 7:10 pm
    The petition of the day is: Hammond v. United States 13-1512 Issue: (1) Whether and under what circumstances the Eighth Amendment authorizes a district court to impose a sentence less than the statutory mandatory minimum; and (2) whether a criminal defendant’s waiver of appeal rights made in an agreement to resolve a case prohibits an appeal by the government.
  • Relist Watch

    John Elwood
    24 Oct 2014 | 9:11 am
    John Elwood finally reviews Monday’s relisted cases. Under the principle that weather and sports must always be saved until the end of the news to keep weary eyes watching those local ads, I should be burying this lede. But we here at Relist Watch aspire to better things, so we tell you up front: There were between zero and two new relists this week – it’s hard to be sure because the Court hasn’t updated the docket. Given the lack of new cases, we were sorely tempted to just pull th’ ol’ CTRL-C/CTRL-V move (that’s ⌘-C/⌘-V for you hipsters), but we figured that would merely…
  • SCOTUSblog on camera: Laurence H. Tribe (Part three)

    Fabrizio di Piazza
    24 Oct 2014 | 6:34 am
    The inspiration and aspiration for Uncertain Justice and the rewards of working with Joshua Matz, a co-author fifty years his junior. “People ask, ‘Why did you pick constitutional law?’  I mean, come on.  Who, with a real opportunity to dig into a subject of law would not want that to be constitutional law?  It has everything.  It has history.  It has moral philosophy.  The meaning of liberty, of equality, of dignity.  It has legal technicalities galore.  It has precedent.  It involves strategy, dealing with complicated human situations and the people who are…
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    Robert Ambrogi's LawSites

  • My Interview with MyShingle Founder Carolyn Elefant at #ClioCloud9

    Robert Ambrogi
    23 Oct 2014 | 7:03 am
    This is another in a series of interviews I am posting, all recorded for the Legal Talk Network at the Clio Cloud Conference in September. The full series, which also includes interviews conducted by Adriana Linares, can be viewed here. In this interview, Carolyn Elefant, founder of, discusses how solo lawyers can make their […] The post My Interview with MyShingle Founder Carolyn Elefant at #ClioCloud9 appeared first on Robert Ambrogi's LawSites.
  • My Interview with Clio Co-Founder Jack Newton at #ClioCloud9

    Robert Ambrogi
    23 Oct 2014 | 7:02 am
    This is another in a series of interviews I am posting, all recorded for the Legal Talk Network at the Clio Cloud Conference in September. The full series, which also includes interviews conducted by Adriana Linares, can be viewed here. In this interview, Clio c0-founder and CEO Jack Newton discusses his company, the conference, and […] The post My Interview with Clio Co-Founder Jack Newton at #ClioCloud9 appeared first on Robert Ambrogi's LawSites.
  • My Interview with Avvo Founder Mark Britton at #ClioCloud9

    Robert Ambrogi
    23 Oct 2014 | 7:01 am
    This is another in a series of interviews I am posting, all recorded for the Legal Talk Network at the Clio Cloud Conference in September. The full series, which also includes interviews conducted by Adriana Linares, can be viewed here. In this interview, Avvo founder Mark Britton discusses what lawyers need to know about customer […] The post My Interview with Avvo Founder Mark Britton at #ClioCloud9 appeared first on Robert Ambrogi's LawSites.
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    Wise Law Blog

  • 140 Law - Legal Headlines for Friday, October 24, 2014

    Rachel, Law Clerk
    24 Oct 2014 | 6:56 am
    Here are the leading legal headlines from Wise Law on Twitter for Friday, October 24, 2014:Employee awarded $65,000 for loss of pension | Canadian Employment Law Today‘Highly troubling’: US Justice Dept. slams local officials over Michael Brown autopsy leak Tech lawyer breaks down odds of winning at the SCC As and Bs that varsity athletes scored at the University of North Carolina were fake. So were the classesLawyers argue law to revoke Canadian citizenship is unconstitutional - Toronto Star  Toronto lawyer guilty of fraud may lose law licence - Toronto SunMore charges laid 3…
  • 140 Law - Legal Headlines for Thursday, October 23, 2014

    Rachel, Law Clerk
    23 Oct 2014 | 6:31 am
    Here are the leading legal headlines from Wise Law on Twitter for Thursday, October 23, 2014:Slava Voynov's lawyer says Kings defenceman 'never hit the woman' - Toronto Sun Toronto lawyer to be sentenced for fraud | Toronto & GTA | News | Toronto Sun Parliament Hill sergeant-at-arms hailed as hero in Ottawa Doug Ford calls Toronto Star reporter a ‘little bitch’ What Law Schools Are Doing To Change Legal Education.Wednesday: What’s Hot on CanLII As fewer law grads become lawyers, the profession shows its ageNext phase of anti-spam law targets software Risk of hack attacks…
  • The Ultimate Guide to Being a Mobile Road Warrior

    Garry Wise
    23 Oct 2014 | 2:47 am
    Today is the OBA TECHxpo at Toronto. My good friend Bob Tarantino and I will be presenting "The Ultimate Guide to Being a Mobile Road Warrior:"With the right tools you can work on anything, anywhere, anytime. Come to this session to learn how. • Take your office with you • Tablet versus smartphone • iPhone vs Blackberry vs Android • Essential gear and gadgets • Tips for surviving on the roadI'm expecting a lively discussion on iPhones, similar wannabe devices, and the tools lawyers can use most effectively when working away from the office.The full programme agenda is here.It's…
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  • New Blog Design

    29 Sep 2014 | 7:12 pm
    This post is a test of my new blog redesign. A big thank you to Aaron and Dylan Lopez at Inno Software for the redesign and revamping of my blog and website and for being so great to work with. There’s still work for me to do, but the redesign is now live.An even bigger thank you to Lance Long, who took care of my website and blog for many years before passing it on to Aaron and Dylan.
  • GC Research Club Interview about Legal Technology

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

    29 May 2014 | 5:24 pm
    I’ve done a number of presentations lately in all sorts of formats – solo, duo, panels and webcasts. For the Kennedy-Mighell Report podcast on the Legal Talk Network, Tom and I decided to record an episode in which we shared some of our latest tips and observations about presenting. The result was the episode called “Presentation Tips for Legal Professionals.” After that podcast, we realized that we had barely tapped the surface of what we wanted to say on presentations, so I was able to talk Tom into recording two more episodes on presenting as part of a panel and presenting on…
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    LawBiz® Blog

  • LawBiz® Legal Pad: Controlling Clients’ Legal Costs

    Ed Poll
    23 Oct 2014 | 6:00 am
    Ed discusses how to estimate future costs by listing your assumptions. Most clients don’t complain about hourly rates; they complain about the totality of their legal costs.  In order to control legal costs, one help is budgets. How to estimate future costs: List your assumptions and make sure the client understands these and also provide for change-orders if any of these assumptions prove to be erroneous. That’s how you keep the costs down and that’s how you keep the client satisfied.
  • LawBiz® Legal Pad: Marketing Plan 101

    Ed Poll
    16 Oct 2014 | 6:00 am
    Ed reveals how to define your target market and the tactics necessary to reach it.
  • Speak and Write for Success

    Ed Poll
    7 Oct 2014 | 8:00 am
    Gary Kinder, founder and CEO of WordRake® writes the following: “…Each of us has three vocabularies: 1.    our reading or comprehension vocabulary – by far the largest; 2.    our writing vocabulary – in the middle; and 3.    our speaking vocabulary – the smallest and least grammatical. When speaking, we use, and tolerate (to a point) others using, ers and uhs and sos and wells and likes, and confusing who with whom and lay with lie because most of us can’t think fast enough when we speak to get it all grammatically correct; plus we have tone of voice, facial…
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    the [non]billable hour by Matthew Homann

  • The Weekender #1

    Matt Homann
    10 Oct 2014 | 7:44 am
    Welcome to the first edition of the NBH Weekender!  I’ve been saving up lots of stuff to share with you this week, so here you go: Five simple emails you should send every week. A better brainstorming method from Google that we’ve been playing with for a while. It really works better with introverts and in rooms with high status differentials:  Note and Vote.  Here’s how it works: Note:  Distribute paper and pens to each person. Set a timer for five minutes to 10 minutes. Everyone writes down as many ideas as they can. Individually. Quietly. This list won’t be shared…
  • Ask Better Interview Questions

    Matt Homann
    20 May 2014 | 5:58 am
    Online retailer Zappos is well known for its commitment to company culture and customer service, going so far as to offer new hires $2000 after their first few weeks on the job to quit if they don’t like their new jobs.  They also share quite a bit about how they hire so well, and have posted their Core Values Interview Assessment Guide (.pdf), which includes the interview questions they ask prospective hires. Here are a few of their interview questions related to customer service: What does great customer service mean to you? In your last job, how did you know if your customer was…
  • When do your biz clients update you?

    Matt Homann
    17 May 2014 | 5:01 pm
    There’s a web-based serviced called UpdateMyVC, which purports to automate a startup’s communication with its investors. What I really liked is the list of questions that get answered in the monthly update.  Here are a few: What milestones or accomplishments are you most proud of? What are the things you’re most disappointed about? How is the business / product performing? Did you close any notable deals / partnerships? What opportunities are in the pipeline? Were any key employees hired or fired? Any notable press mentions? Where do you need the most help from your investors…
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    Innocence Blog

  • Wrongful Convictions Give Texas Pause on Capital Punishment

    24 Oct 2014 | 11:10 am
    For years Texas has led the nation in executions, but it has also led the nation in wrongful convictions overturned by DNA. CBS-Dallas Fort-Worth reported that state experts are taking notice and reconsidering capital punishment. Kristin Houle, executive director of the Texas Coalition to Abolish the Death Penalty, says Texas is catching up with other states that have already moved away from the practice. "One of the main factors driving this movement away from the death penalty, in Texas and nationally, is the rate or the incidents of wrongful convictions," Houle explained. Houle also says…
  • Innocence Project Co-Director Pleads for Release of Cancer Stricken Inmate

    23 Oct 2014 | 4:00 pm
    Texas death row inmate Max Soffar is dying of cancer and could spend the rest of days in isolation all because of a false confession he signed decades ago as a teenager. Despite evidence of his innocence in a triple murder and a confession that doesn't match the facts, Soffar has languished behind bars most of his life. In an op-ed that appeared in Wednesday's Trib Talk, a publication of the Texas Tribune, Innocence Project Co-Director Barry Scheck pleads for Governor Rick Perry to intervene by granting Soffar's release and allowing him to spend his final days at home with his wife. Scheck…
  • Spotlight on Eyewitness ID Reform

    22 Oct 2014 | 12:12 pm
    It has been only a few weeks since the National Academy of Sciences (NAS) released its landmark report on eyewitness identification reform (Identifying the Culprit), and already there has been a significant amount of media attention paid to it. Over a dozen stories have appeared in national and local publications about the importance of the report's findings and, in several states, the need for policy changes that reflect the best practices that the NAS recommends for law enforcement and courts, all of which comport with the Innocence Project's reform agenda. A TIME article described the…
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  • High Court Fixes Mistake in Ginsburg Voter ID Dissent

    21 Oct 2014 | 10:26 pm
    Justice Ruth Bader Ginsburg’s dissent in a Texas voter ID case last week contained an error that has now been deleted, the U.S. Supreme Court said Wednesday.          
  • How Global 100 Firms Rate on Pro Bono Work

    15 Oct 2014 | 7:14 am
    Our first survey of pro bono efforts among non-U.S. global firms shows good effort—and room for improvement.          
  • The Cancellation of the Washington Redskins Trademarks

    7 Oct 2014 | 9:00 am
    On June 18, the Trademark Trial and Appeal Board, which is part of the U.S. Patent and Trademark Office, surprised the National Football League, its fans and the media when it once again canceled, in Blackhorse v. Pro-Football, several trademark registrations associated with the Washington Redskins football team. The basis for canceling the six registrations was that the registered marks are disparaging to American Indians.          
  • add this feed to my.Alltop - Newswire

  • High Court Fixes Mistake in Ginsburg Voter ID Dissent

    21 Oct 2014 | 10:26 pm
    Justice Ruth Bader Ginsburg’s dissent in a Texas voter ID case last week contained an error that has now been deleted, the U.S. Supreme Court said Wednesday.          
  • How Global 100 Firms Rate on Pro Bono Work

    15 Oct 2014 | 7:14 am
    Our first survey of pro bono efforts among non-U.S. global firms shows good effort—and room for improvement.          
  • The Cancellation of the Washington Redskins Trademarks

    7 Oct 2014 | 9:00 am
    On June 18, the Trademark Trial and Appeal Board, which is part of the U.S. Patent and Trademark Office, surprised the National Football League, its fans and the media when it once again canceled, in Blackhorse v. Pro-Football, several trademark registrations associated with the Washington Redskins football team. The basis for canceling the six registrations was that the registered marks are disparaging to American Indians.          
  • add this feed to my.Alltop - Newswire

  • High Court Fixes Mistake in Ginsburg Voter ID Dissent

    21 Oct 2014 | 10:26 pm
    Justice Ruth Bader Ginsburg’s dissent in a Texas voter ID case last week contained an error that has now been deleted, the U.S. Supreme Court said Wednesday.          
  • How Global 100 Firms Rate on Pro Bono Work

    15 Oct 2014 | 7:14 am
    Our first survey of pro bono efforts among non-U.S. global firms shows good effort—and room for improvement.          
  • The Cancellation of the Washington Redskins Trademarks

    7 Oct 2014 | 9:00 am
    On June 18, the Trademark Trial and Appeal Board, which is part of the U.S. Patent and Trademark Office, surprised the National Football League, its fans and the media when it once again canceled, in Blackhorse v. Pro-Football, several trademark registrations associated with the Washington Redskins football team. The basis for canceling the six registrations was that the registered marks are disparaging to American Indians.          
  • add this feed to my.Alltop - Newswire

  • High Court Fixes Mistake in Ginsburg Voter ID Dissent

    21 Oct 2014 | 10:26 pm
    Justice Ruth Bader Ginsburg’s dissent in a Texas voter ID case last week contained an error that has now been deleted, the U.S. Supreme Court said Wednesday.          
  • How Global 100 Firms Rate on Pro Bono Work

    15 Oct 2014 | 7:14 am
    Our first survey of pro bono efforts among non-U.S. global firms shows good effort—and room for improvement.          
  • The Cancellation of the Washington Redskins Trademarks

    7 Oct 2014 | 9:00 am
    On June 18, the Trademark Trial and Appeal Board, which is part of the U.S. Patent and Trademark Office, surprised the National Football League, its fans and the media when it once again canceled, in Blackhorse v. Pro-Football, several trademark registrations associated with the Washington Redskins football team. The basis for canceling the six registrations was that the registered marks are disparaging to American Indians.          
  • add this feed to my.Alltop - Newswire

  • High Court Fixes Mistake in Ginsburg Voter ID Dissent

    21 Oct 2014 | 10:26 pm
    Justice Ruth Bader Ginsburg’s dissent in a Texas voter ID case last week contained an error that has now been deleted, the U.S. Supreme Court said Wednesday.          
  • How Global 100 Firms Rate on Pro Bono Work

    15 Oct 2014 | 7:14 am
    Our first survey of pro bono efforts among non-U.S. global firms shows good effort—and room for improvement.          
  • The Cancellation of the Washington Redskins Trademarks

    7 Oct 2014 | 9:00 am
    On June 18, the Trademark Trial and Appeal Board, which is part of the U.S. Patent and Trademark Office, surprised the National Football League, its fans and the media when it once again canceled, in Blackhorse v. Pro-Football, several trademark registrations associated with the Washington Redskins football team. The basis for canceling the six registrations was that the registered marks are disparaging to American Indians.          
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    UNDERDOG - Fairfax Criminal/DWI Attorney - Northern Virginia.

  • The plight of criminal defendants alone in the courthouse, or with limited funds to hire a lawyer.

    23 Oct 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. Recently, I saw one of my more favorite misdemeanor court judges on a Monday deny a trial postponement in a domestic assault case to a lawyer who explained that the defendant had just hired him the previous Friday, and the lawyer wanted more time to prepare for trial. The judge explained that he does not ordinarily…
  • Lessons from recent challenging experiences with a judge, prosecutor and probation agent.

    1 Oct 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. One of the beautiful things about trials by jury is that they can offset trespasses by judges, prosecutors, and prosecution witnesses, but only to a point. Unfortunately, where I practice law, criminal defendants in federal court and the District of Columbia Superior Court ordinarily are deprived of a jury trial option…
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    The Legal Satyricon

  • Legal Pop Culture Citations

    Jay Wolman
    23 Oct 2014 | 7:10 am
    Marc’s recent post on How to Cite to Walter Sobchak, along with another friend’s comment on citing to The Pirates of Penzance, has inspired me to create a new Wikia. A compendium of this sort is long overdue. Legal Pop Culture Citations Wikia Your recommendations/assistance would be appreciated. Looking for: Song lyrics Movie quotes Play […]
  • Thank you again, Rick Scott

    23 Oct 2014 | 6:08 am
    I wish I could have had the luxury of growing up and living and spending my entire life in a nice place like the American West, but I was doing other things. As a matter of fact, when I think about it now, the place I lived longest in my adult life was Florida. Back […]
  • Woman Charged Under Revenge Porn Law – Oh, Shocker

    22 Oct 2014 | 11:28 am
    I hate the whole revenge porn thing. Not just that people do it, but I hate talking about it. Why? Because the whole subject just attracts bullshit like tourists with fanny packs attract gypsies. One of the biggest sources of bullshit it attracts is the MacKinnonite-Dworkinite “legal scholars.(1) That’s the wing of feminist “thought” that […]
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  • High Court Fixes Mistake in Ginsburg Voter ID Dissent

    21 Oct 2014 | 10:26 pm
    Justice Ruth Bader Ginsburg’s dissent in a Texas voter ID case last week contained an error that has now been deleted, the U.S. Supreme Court said Wednesday.          
  • How Global 100 Firms Rate on Pro Bono Work

    15 Oct 2014 | 7:14 am
    Our first survey of pro bono efforts among non-U.S. global firms shows good effort—and room for improvement.          
  • The Cancellation of the Washington Redskins Trademarks

    7 Oct 2014 | 9:00 am
    On June 18, the Trademark Trial and Appeal Board, which is part of the U.S. Patent and Trademark Office, surprised the National Football League, its fans and the media when it once again canceled, in Blackhorse v. Pro-Football, several trademark registrations associated with the Washington Redskins football team. The basis for canceling the six registrations was that the registered marks are disparaging to American Indians.          
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    Chicago IP Litigation

  • Final Invalidity Contentions May Not be Amended to Add Nautilus-Based Indefiniteness Claims

    R. David Donoghue
    24 Oct 2014 | 3:03 am
    R-Boc Reps., Inc. v. Minemyer, No. 11 C 8433, Slip Op. (N.D. Ill. Cole, Mag. J.). Judge Cole denied plaintiff R-Boc’s motions to amend its Final Invalidity Contentions with an allegedly new theory regarding the phrase “approximately perpendicular” based upon the Supreme Court’s Nautilus indefiniteness decision and related motion for summary judgment of invalidity based upon R-Boc’s new argument. As an initial matter, the Court originally adopted the parties’ agreed construction of “approximately perpendicular” — “approximately 90 degrees.”  The agreed…
  • Prosecution History Requires Certain Method Steps be Performed in Order

    R. David Donoghue
    22 Oct 2014 | 2:41 am
    VendoNet, Inc. v. Redbox Automated Retail, LLC, No. 13 C 3475, Slip Op. (N.D. Ill. Sep. 15, 2014) (Shah, J.). Judge Shah construed the claims in this patent dispute retarding methods of giving vending machine customers access to a computer network. Of particular note, the Court held as follows: The preamble was not limiting.  The fact that the terms “website,” “homepage,” and “database” derived antecedent basis from the preamble did not make the preamble limiting because it provided no further explanation of or limitation upon any of the terms. “A plurality of physical items”…
  • Plaintiff May Not Dismiss Claims in Response to Summary Judgment Motion

    R. David Donoghue
    20 Oct 2014 | 4:11 am
    Beasley v. John Wiley & Sons, Inc., No. 12 C 8715, Slip Op. (N.D. Ill. Sep. 9, 2014) (St. Eve, J.). Judge St. Eve, after previously deferring ruling to allow the parties to work out procedural disputes, granted defendant John Wiley & Sons’ motion for summary judgment as to plaintiff’s fraud and Digital Millennium Copyright Act (“DMCA”) claims, having previously granted plaintiff summary judgment of copyright infringement regarding its photographs. Because plaintiff offered no evidence in response to the motion that would allow a reasonable jury to find that defendant…
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    Ohio Employer's Law Blog

  • WIRTW #342 (the “family photo” edition)

    Jon Hyman
    24 Oct 2014 | 4:28 am
    Photo by Jenny Gildea Photography (who I cannot more highly recommend). Here’s what I read this week: Discrimination “How Can We Accommodate You?” — via Employment Discrimination Report Hearing Religious and Pregnancy Discrimination Cases Appeals to the Supreme Court — via The Emplawyerologist Employer Permitted to Use “After-Acquired” Evidence at Discrimination Trial — via Labor Employment Law Blog EEOC’s Current Enforcement Guidance on Pregnancy Discrimination — via The L•E•Jer I Quit! Constructive Discharge Serves as Substitute for Adverse Employment Action — via…
  • “He liked breasts” is never an appropriate response to a harassment complaint

    Jon Hyman
    23 Oct 2014 | 4:16 am
    Ruby Blackmon claimed that for a ten-month period, her second-level manager inappropriately stared at her breasts three to 10 times per day, would sexually rub her back, and would breath on her back and ear. Blackmon made ten different complaints to an HR manager, an administrative manager, and her immediate supervisor, all of which were ignored, except for one occasion when her immediate supervisor simply told her that the alleged harasser “liked breasts.” To make matters worse, on the heels of one complaint, her immediate supervisor gave her a negative evaluation. She filed suit after…
  • “Honest belief” isn’t a defense to an FMLA claim, says federal court

    Jon Hyman
    22 Oct 2014 | 5:05 am
    The honest-belief rule is one of most effective shields available to employers in discrimination cases: As long as an employer has an honest belief in its proffered nondiscriminatory reason for discharging an employee, the employee cannot establish that the reason was pretextual simply because it is ultimately shown to be incorrect. An employer has an honest belief in its reason for discharging an employee where the employer reasonably relied on the particularized facts that were before it at the time the decision was made. What happens in an FMLA claim, however? Can an employer use the…
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    Privacy Law Blog

  • New Jersey bill to prohibit unsolicited text message advertisements pending Governor signature

    Charley Lozada
    16 Oct 2014 | 7:20 am
    Charley Lozada A New Jersey bill which prohibits unwanted text message advertisements has been sent to the Governor for final consideration.   A. 617, which passed unanimously in the Assembly June 26 and in the Senate Sept. 22, if signed into law, would make it illegal to send a text message advertisement to a New Jersey resident if it caused the recipient to incur a telecommunications charge or a usage allocation deduction. Sponsors of the bill noted an increasing number of complaints from consumers regarding unsolicited text messages advertising goods and services. The bill would also…
  • California Updates State Breach Notification Law, Expands Security Procedures to Entities that “Maintain” Personal Information

    Stacy Barrow
    7 Oct 2014 | 7:33 pm
    Stacy Barrow On September 30, 2014, California took further steps to protect the personal information of its residents by amending several sections of its breach notification and information security laws (Cal. Civ. Code §§ 1798.81.5, 1798.82 and 1798.85).  The amended law, which is effective January 1, 2015, updates existing law in three significant ways: Under current law, businesses that own or license personal information about a California resident must implement reasonable security procedures and practices appropriate to the nature of the information.  This requirement is expanded…
  • Fiduciary Access to Digital Assets and Accounts

    Carly Ziegler
    2 Oct 2014 | 5:01 pm
    Carly Ziegler Traditionally, a person’s most valuable assets to be distributed upon death consisted of tangible items such as real property, cash, jewelry and personal effects of sentimental value like photographs and letters.  However, the advent of the digital age has brought a shift from file cabinets, mailmen and photo albums to cloud storage, e-mail accounts and online photo streams.  Today, virtually everyone has at least some assets that are not physical, but are stored as data and accessed via the Internet.  “Digital assets” may include, for example, text messages, instant…
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    Lawyers, Guns & Money

  • Jack Bruce

    Scott Lemieux
    25 Oct 2014 | 8:35 am
    R.I.P. For the two or three readers in the audience who might be interested in that kind of thing, I quite liked the Tony Williams tribute he put together with Vernon Reid and John Medeski. On a related note, the recent documentary about Ginger Baker — which I think is still on Netflix streaming — is a pretty remarkable watch.
  • Plutocrats Hate Poor People Participating in Politics

    Erik Loomis
    25 Oct 2014 | 6:53 am
    The plutocracy might say the quiet parts loud in China because it doesn’t matter. But the economic elites in the US agree–and always have–that the poor should not have the same rights in the political arena. They might spice it up with rhetoric about “responsibility” or something, but it’s really just that the poor have different interests and therefore must be crushed. But these strategies for protecting plutocrats from the mob are indirect and imperfect. The obvious answer is Mr. Leung’s: Don’t let the bottom half, or maybe even the bottom 90 percent,…
  • Belated Creature Feature: Interview with the Esteemed Herr Doktor

    25 Oct 2014 | 5:49 am
    You may know LGM commenter herr doktor bimler as the the quick-witted smarty-pants who makes you look at weird stuff, but I know herr doktor bimler as a quick-witted smarty-pants who makes me look at weird stuff and also is a fancy-schmancy school doctor. I’ll let him take it from here: I am a lowly Ph.D. Massey University pays me a pittance as a Research Affiliate, i.e. to publish enough papers to burnish their reputation. The Teutonic styling is so that if anyone in a comment thread complains about my pompous pedantry, I can point to the “Herr Doktor” and tell them…
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    Avvo Blog

  • Introducing Avvo Advisor

    Tim Ahlers
    23 Oct 2014 | 4:22 pm
    Today we’re excited to announce Avvo Advisor!   With our free app and online service, consumers can get affordable legal help from experienced lawyers for a fixed-fee of just $39—anytime, anywhere, and on demand.   While the public launch is an exciting milestone, it’s amazing to think back on how much work has been done […] The post Introducing Avvo Advisor appeared first on Avvo Blog.
  • Step up to the plate

    Cristin Carey
    4 Sep 2014 | 3:11 pm
    Last week the Product team headed across the street to the ballpark for an afternoon at the Mariners game. With just 4 weeks left in the quarter, we needed some downtime before the last big push to wrap-up the quarter’s initiatives. I love hearing the walk-up songs because they show a bit of each player’s personality.   When […] The post Step up to the plate appeared first on Avvo Blog.
  • Cruisin on the USS Avvo

    Cristin Carey
    14 Aug 2014 | 5:17 pm
    Lucky us! Our amazing office management team organized for Team Avvo to be on a boat in the middle of Lake Washington to watch the Blue Angels. Cheers to summer!     The post Cruisin on the USS Avvo appeared first on Avvo Blog.
  • add this feed to my.Alltop Blog

  • OPM Medical Retirement: Life Changes

    25 Oct 2014 | 3:52 am
    For some, transitions constitute mere alterations with minimal reverberations; but for most, change from routine is itself a traumatic event worth resisting even at the expense of one's own good, one's advantage, one's self-interest.  Stability and the status quo represent a daily habituation of life where symbolism of sameness parallels security and safety.  It may be the routine itself; and while complaints about work may abound, the complaining itself engulfs a camaraderie of a community of collectivism.  But for the Federal employee and the U.S. Postal worker who begins to…
  • What If You Want to Move with the Child?

    24 Oct 2014 | 11:35 am
    The relocation of a primary custodial parent with a child can have serious detrimental consequences to the non-custodial parent’s relationship with that child while at the same time possibly enhance a child’s quality of life. To continue reading, visit the Family Law Blog at
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    Connecticut Employment Law Blog

  • Bully For You? Not When It Comes To Workplace Bullying

    Daniel Schwartz
    22 Oct 2014 | 7:42 am
    One of things I try to do on this blog is look through our crystal ball and focus on topic that may be on the horizon. For some time now, workplace bullying has seemed to be one of those issues. I’ve touched on it before, but today my colleague Chris Parkin is back with some further discussion on it.  In the meantime, we’ll be discussing this more in-depth at our FREE Labor & Employment Law Seminar on October 31st.   Please be sure to sign up ASAP if you’re interested because we are starting to get close to our capacity.  Workplace bullying is real.  It happens…
  • Not Every Action By Employers Can Be the Basis of a Lawsuit

    Daniel Schwartz
    20 Oct 2014 | 4:51 am
    My colleague, Jarad Lucan, returns today with a primer on what it takes to establish a “prima facie” case of discrimination — the bare minimum to get the case to be considered by a court.  Today, we focus on the third element — the “adverse employment action”. What is that, you ask? Read on. If an employee hopes to have any chance of succeeding on a discrimination claim, she must first be able to establish a prima facie case. Generally, this means that an employee must establish that (1) she belongs to a protected class; (2) she was qualified for the…
  • No Right to Jury for Discrimination Claims Against State, Court Says

    Daniel Schwartz
    17 Oct 2014 | 8:04 am
    My colleague, Chris Engler, joins us again with a post today about whether or not a jury trial is required for certain employment law claims.  I’ll have a full recap of my presentations on data privacy in an upcoming post soon. While many of us spent last weekend celebrating Columbus Day, our neighbors to the north were (as my Quebec-born mother-in-law likes reminding me) busy celebrating their national Thanksgiving. Perhaps in the spirit of the Canadian holiday, a state judge recently gave a public employer plenty to be thankful for. The court’s decision in Beck v. UConn Health…
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    Special Education Law Blog

  • Breaking: New Guidance from OCR on Bullying

    Jim Gerl
    22 Oct 2014 | 12:33 pm
    Seal of the United States Department of Education (Photo credit: Wikipedia)The Office for Civil Rights of the U. S. Department of Education issued new guidance yesterday concerning bullying of students with disabilities.The newest information in this guidance involves its interpretation that the bullying of children with disabilities on any basis can be a denial of FAPE for §504 purposes.  In other words if a child with a disability is bullied, it may be a denial of FAPE even if it is not based upon disability.You can review the new guidance here. Here is more discussion by the…
  • Odds & Ends; Tech Update

    Jim Gerl
    21 Oct 2014 | 1:41 pm
     (Photo credit: Wikipedia)(Photo credit: Wikipedia)Your reaction to my 2012-2013 caselaw outline has been overwhelming.  Thank you.  One question that many of you have asked concerns the purchase price.  The price of the outline is $295.00 and I have made arrangements to receive payments PayPal (which includes a credit card option). The 259 page outline is available as a .pdf file and it is searchable (at least on my computer.) If you would like more information about this very cool research tool please email me at stuff: One of the great things…
  • Weekly Question!

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

  • What are dischargeable debts in Chapter 7 bankruptcy?

    14 Oct 2014 | 5:20 am
    Visit for the original content posted here, What are dischargeable debts in Chapter 7 bankruptcy? Recently on our bankruptcy forum a user asked, “If I file Chapter 7 Bankruptcy what are dischargeable debts?” The good news is most debtors who qualify for Chapter 7 bankruptcy will be able to have most of their unsecured debts, … Continue reading →
  • How Can I get a full-time job?

    7 Oct 2014 | 7:30 am
    Visit for the original content posted here, How Can I get a full-time job? The best way to get out of debt and improve your financial position is to increase your income and make sure you earn more than you pay in necessary expenses. Although simply cutting your budget can help, at some point … Continue reading →
  • Am I a good candidate for bankruptcy?

    20 Sep 2014 | 9:49 am
    Visit 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 →
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    Asbestos HUB

  • Five Basic Medical Facts About Bronchogenic Carcinoma or Lung Cancer Caused By Asbestos Exposure

    Tom Lamb
    24 Oct 2014 | 1:55 pm
    For some basic facts about asbestos-related lung cancer, or bronchogenic carcinoma, we will draw upon an article, “Asbestos: When the Dust Settles—An Imaging Review of Asbestos-related Disease”, which was published in the October 2002 edition of RadioGraphic medical journal. The link between asbestos exposure and lung cancer has been suspected since the 1930s but was proved in the 1950s. Amphiboles [(one type of asbestos fiber)] are more potent than chrysotile [(another type of asbestos fiber)] in inducing lung cancer (between 10 and 50 times greater potency has been quoted). The…
  • The Disturbing Story Of What Asbestos Exposure Has Done To The People Of Ambler, Pennsylvania, In The Past And Up To The Present Time, As Regards Asbestos-Related Diseases

    Tom Lamb
    20 Oct 2014 | 2:08 pm
    Today’s post is a follow-up to one we wrote back in July 2014, “Penn Medical School Will Study Cluster Of Mesothelioma Cases In Ambler, PA, The Site Of A Long-Closed Asbestos Factory”. In an October 19, 2014 article,  “Penn study seeks to track Ambler’s asbestos legacy”, reporter Sandy Bauers, of the Philadelphia Inquirer, brings to life the story behind this upcoming medical study and provides the human aspect of this most unfortunate situation. From that Inquirer news article: Joe Amento, a lifelong resident of Ambler, was 53 when he died of a rare…
  • Pleural Disease Diagnosis Indicates Signifcant Past Exposure To Asbestos And Means There Is An Increased Risk Of Asbestosis, Lung Cancer, Or Mesothelioma

    Tom Lamb
    13 Oct 2014 | 2:29 pm
    The commonly encountered asbestos-related conditions and diseases mainly relate to the lungs. These include pleural effusion, pleural plaques, and diffuse pleural thickening — collectively referred to as benign pleural disease — as well as asbestosis, lung cancer, and malignant pleural mesothelioma. In this post we focus on the several types of pleural disease associated with asbestos exposure. For the basic facts we will draw upon an article, “Asbestos: When the Dust Settles—An Imaging Review of Asbestos-related Disease”, which was published in the October 2002…
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    Real Lawyers Have Blogs

  • Top 10 in Law Blogs: Halloween in the Workplace, TBI in Children, Sports Blackouts

    Colin O'Keefe
    24 Oct 2014 | 5:30 pm
    Before today’s Top 10, I just wanted to say that all our thoughts and prayers at LexBlog go out to those affected by the tragic shooting today here in the Seattle area at Marysville-Pilchuck High School. It’s awful these things keep happening, especially right here in our back yard. Waters of the United States? – Cleveland attorney Joe Koncelik of Tucker Ellis in his Ohio Environmental Law Blog Seven Steps for Employers to Address the Ebola Threat (Step 1: Don’t Panic!) – Portland attorney Carolyn Walker of Stoel Rives on the Stoel Rives World of Employment blog…
  • 8 types of real and authentic engagement to repurpose for blog posts

    Kevin O'Keefe
    24 Oct 2014 | 4:54 pm
    All too many lawyers complain that they don’t have time to blog. The wild thing is they’ve got content all around them. Content that they’ve created and which could be repurposed for blog posts. I am not talking of briefs, memorandums, articles, email newsletters, and alerts. I am talking of content that’s been created by virtue of real and authentic engagement. Here’s eight sources. I am sure there are more. Facebook interaction Despite the perception of most lawyers, Facebook is a great place for open and frank engagement on professional matters. Summarize and…
  • Banking and Health Law: New Blogs Joining the LexBlog Network

    Colin O'Keefe
    24 Oct 2014 | 4:01 am
    As we begin to wind down the workweek here at LexBlog HQ, let’s begin our usual dance by taking a look back at the publications joining the LexBlog Network. We have two total this week, and it’s always great when we have one join our network from a law firm right up the street. First off, we have yet another blog launching from Norton Rose Fulbright, whose blog network is growing at an very rapid rate, with eleven total and eight in 2014. That growth comes with the debut of the Health Law Pulse. The blog aims to cover a number of subjects related to U.S. healthcare, including…
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    Digital Media Law

  • 'Citizenfour' Review: Quiet Moments in a Hong Kong Hotel Room as Edward Snowden, Journalists Fight to Save Democracy

    24 Oct 2014 | 1:44 pm
    Hong Kong has been ground zero this year in the fight for freedom, with students and Occupy leaders battling police for control of the streets in a desperate campaign to maintain the Chinese territory’s relative autonomy from erosion by the central Beijing government.But the city hosted much quieter freedom fighters a year earlier, not on the streets but in the confines of an international hotel room. When journalist Glenn Greenwald and documentary film maker / journalist Laura Poitras responded to emails from an intelligence community member who identified himself at first only as…
  • An Actor's Cautionary Tale: Cancer Diagnosis and a Drawn-Out Battle Over Residuals

    14 Aug 2014 | 12:58 pm
    Actors often complain about late residuals checks, although SAG-AFTRA has cut processing delays lately. But few stories compare to the battle waged by Alex Doe (a pseudonym), a voice actor who was diagnosed with cancer in 2012 and endured a 3-1/2-year residuals runaround from Warner Bros. and SAG-AFTRA that ultimately  threatened Doe's health insurance.(Residuals are royalties that are paid to actors, writers, directors and musicians when movies and TV shows are rerun or are released in other media such as DVD or the Internet. They're not small potatoes: residuals can amount to 40…
  • Review: NudeAudio Super-M and aiia SSSSSpeaker on Kickstarter

    7 Aug 2014 | 8:28 am
    Two new Bluetooth speakers offer a great reason to jet on over to Kickstarter.The NudeAudio Super-M ($99, campaign ending on August 15) offers great sound in a package thin enough to slip in a back jeans pocket. During my recent visit to the company’s South of Market offices, a head-to-head comparison showed that the unit delivered deeper bass and higher volumes without loss of fidelity than the Jambox Mini and was more rugged.NudeAudio is the same company that offers the delightful Move S, Move M (which I reviewed last year) and Move L speakers and the Studio 5 Lightning Dock with…
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    Securities Docket

  • Securities Docket News Wire for October 24, 2014

    Securities Docket
    25 Oct 2014 | 5:55 am
    Australia: Insider trading study shows stronger enforcement — -> SEC challenges billionaire’s bankruptcy filing | Bloomberg -> SEC Tactics Cause Counsel to Change Strategy – Risk & Compliance – WSJ ->
  • Securities Docket News Wire for October 23, 2014

    Securities Docket
    24 Oct 2014 | 5:55 am
    Fee-Shifting and the SEC: Does It Still Believe in Private Enforcement? | CLS Blue Sky Blog -> Should the SEC be prosecutor, judge, jury, and executioner? – -> Lawyerless Allen Stanford Files 299-Page Brief Appealing His Conviction | Compliance Week ->
  • SEC Tactics Cause Counsel to Change Strategy – Risk & Compliance – WSJ

    Securities Docket
    24 Oct 2014 | 5:45 am
    Companies facing the SEC now have to change their strategy for dealing with the agency, legal experts said. Matthew Rossi, a partner with Mayer Brown LLP who served in the SEC’s enforcement division until March, said the move toward administrative judges makes the Wells process even more important to companies, and their defense counsel, than it typically is. It becomes one of the only ways for companies to tell the SEC not to bring a claim against them, he said…. via The Morning Risk Report: SEC Tactics Cause Counsel to Change Strategy – Risk & Compliance – WSJ
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    Furniture Law Blog

  • Plugged-In Furniture - What's Past Is Prologue

    8 Oct 2014 | 6:22 am
    As furniture becomes more and more tech-driven (e.g., USB ports, chargers, coolers, etc.) we can sometimes forget that claims to advancements in the basic sofa have been around for some time. Today's Westlaw's "Headnote of the Day" e-mail contained the case headnote "Sitting on a couch is not exercise." This got my attention and warranted a deeper look.The headnote comes from Stauffer Laboratories, Inc. v. F.T.C., 343 F.2d 75 (9th Cir. 1965). In Stauffer, the Ninth Circuit was asked to review a preliminary injunction directing Stauffer Labs and its principal officer from making claims that…
  • Amini Sues Yuan Tai Enterprises - Again

    7 Jul 2014 | 2:19 pm
    Amini Innovation Corporation ("AICO") filed suit on June 30, 2014 in the United States District Court for the Central District of California (AICO's home court) again Yuan Tai Enterprises, Inc., a Texas corporation. The lawsuit involves two of several tools available to furniture manufacturers to defend its designs: namely patents and copyright. AICO is suing Yuan Tai again after Yuan Tai allegedly violated a 2007 agreement that settled earlier litigation. AICO is suing on 21 copyright registrations and 14 design patents. This approach highlights the one-two punch that copyright registrations…
  • NC Begins Work On Patent Troll Bill

    27 Apr 2014 | 3:13 am
    Guest Authored by David BoazRecently, a joint legislative committee sent a report to the North Carolina General Assembly that recommended passing an anti-troll bill during the legislature’s 2014 Short Session.  A copy of the bill may be found here. The proposed bill, titled “Patent Abuse Bill,” would create a civil and criminal cause of action aimed at preventing bad faith assertions of patent infringement. The bill also make it extortion to obtain or attempt to obtain property through a bad faith assertion of patent infringement. Extortion is a Class F felony under North Carolina…
  • Michael Sullivan to Speak on Regulatory & Compliance Issues for Furniture Industry

    26 Mar 2014 | 1:27 pm
    HIGH POINT, N.C.—Womble Carlyle Mass Torts attorney Michael Sullivan will discuss “Compliance to the Letter of the Law” at the Furniture Today 2014 Regulatory & Compliance Summit. The event takes place April 23rdon the campus of High Point University.In his presentation, Sullivan will share steps that home furnishings companies should take now to demonstrate their commitment to safe products and a safe workplace. He also will discuss regulations, industry standards and warnings, with an emphasis on identifying what is truly important.Clients turn to Michael Sullivan for senior-level…
  • Federal Circuit Clarifies Test for Obviousness of Design Patents

    2 Oct 2013 | 10:35 am
    Who gets to decide when a design patent is obvious? There was some confusion on that topic until the Federal Circuit handed down its opinion in High Point Designs LLV v. Buyers Direct, Inc., No. 2012-1455 (Fed. Cir. Sept. 11, 2013) (a copy of the opinion can be found here).In the opinion, the panel of Judges O'Malley, Schall, and Wallach confirmed that the obviousness of a design patent is to be determined through the eyes of an "ordinary designer," not an "ordinary observer." What's the difference? A big one actually. The ordinary design test requires the court to engage in a more…
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    | Bachus & Schanker Attorneys

  • Bachus & Schanker, LLC Client Review – Pedestrian Accident Case

    Kyle Bachus
    8 Oct 2014 | 4:54 am
    Video Transcription My dog and I were on our morning walk and we were crossing in a cross walk, when the traffic stopped and a car that was stopped across the way didn’t see us and hit my dog and I in the cross walk. It was a very unique experience it was something I would have never thought could happen. I went to the chiropractor and got checked out and tried to work with the insurance company. They were just impossible to work with, in fact they even told me that I could buy a new dog for $500 so they didn’t want to pay for her medical bills. It was really stressful situation,…
  • Bachus & Schanker Client Review – Molly Cain

    Kyle Bachus
    8 Oct 2014 | 4:48 am
    Video Transcription I fell down my stairs and was in a coma, but there wasn’t a hand rail. I had scratch marks from the top to the bottom, but there was nothing to grab to save myself. What was going through my head when I finally realized what was going on, was “Wow, oh my gosh, yeah I have to do this. Like this isn’t anything to do with I, or my land lord, it has to do with the safety purpose of the home not being up to code.” Bachus and Schanker will make it so much easier for you, taking stress just off your shoulders, and allowing you to live, the way a person…
  • What You Should Know About Crash Test Ratings, Pt. 2: Side Crash Test Basics

    Kyle Bachus
    25 Nov 2013 | 1:34 am
    Continuing the Bachus & Schanker series on auto crash tests, today we’ll touch on side-impact tests and what they can tell you. We discussed previously the different rating systems and what they mean. While some car makers only report on frontal crash test ratings, side test ratings are equally important. They are especially important if you have a family and/or expect to carry passengers in your car. Of course, there is always that chance that you, as the driver, could face a driver’s-side impact. Either way, you should pay attention to side-crash test ratings for any…
  • What You Should Know About Car Crash Test Ratings, Pt. 1

    Kyle Bachus
    18 Nov 2013 | 1:32 am
    You may have seen the auto commercials depicting crash tests. The slowed reel of the car, dummy inside, smashing into a solid wall, the dummy lurching forward. It’s a common image designed to give you peace of mind about the car advertised, but what do you really know about these crash tests? When you’re ready to purchase a car, those images might not mean much. What you really want to know is what the crash test results mean. We’ve come up with a quick guide about the meaning of frontal crash test results to help you make a more informed decision. Thousands of auto…
  • Cellphone Usage and Distracted Driving

    Kyle Bachus
    11 Nov 2013 | 1:32 am
    When you think about it, driving is probably the most dangerous thing we do on a daily basis. When you get in your car, you’re putting a lot of faith in your own abilities and the abilities in the drivers around you. But having a drivers’ license certainly doesn’t make one a good driver. And even if you are a generally good driver, there are a number of factors that could make you a bad driver. Among these factors are road conditions and distracted driving. Driving requires your full attention in every situation to remain as safe as possible. Distracted driving, even in…
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    P.I.S.S.D. -- Personal Injury, Social Security Disability. Dallas Texas Lawyers

  • Pilot Preparedness: Do You Have What it Takes to Fly?

    Bob Kraft
    25 Oct 2014 | 7:47 am
    OK, this article has almost nothing to do with injury or disability. But in my younger years I gave a lot of thought to getting a pilot’s license, so this was interesting to me.  Pilots are among the most respected professionals in the world. Their training ensures the safety of millions of travelers each year, as well as the safety of those on the ground. Although the pay is competitive, becoming a pilot is much harder than just learning how to fly. Stiff competition, strict physical health guidelines, and high investment costs are all part of the deterrents facing would-be pilots.
  • Friday Fun

    Bob Kraft
    24 Oct 2014 | 3:26 am
    This shadow dancing is stunning.
  • Understanding Your Rights: How To Work Your Way Through The Legal System After Personal Injury

    Bob Kraft
    23 Oct 2014 | 7:38 am
    When you have been injured on the job, in public, from a car accident or much more, you need to follow simple steps to retain your rights. There are many things you can do after a personal injury, and you must go through the whole process to make sure your rights are kept safe. Here are some tips to make it easier and get started after you have been injured: Contact A Lawyer You do not need to sue people for assistance in all cases, but you do need a lawyer as an advocate. A lawyer can investigate your injury, handle the negotiations and work on your behalf with legal filings. Your choice in…
  • What Are The Long-Term Consequences of Getting a DUI?

    Bob Kraft
    22 Oct 2014 | 7:10 am
    Traffic violations, for speeding and reckless driving, are extremely common. Most people have received a traffic ticket themselves or know someone else who has paid a fine for driving above the speed limit. Surprisingly, the more serious traffic violations, such as driving under the influence, happen just as often. Driving under the influence, or DUI, is among the most common criminal offenses in the United States. This traffic violation has a slew of immediate, short-term consequences. A fine or a suspended license is an expected outcome when an individual is caught driving drunk, but what…
  • Legal Issues with Delayed Injuries

    Bob Kraft
    22 Oct 2014 | 7:02 am
    In the world of personal injury there are two types of injury: the immediate and the delayed. ·  The immediate injuries are usually the result of a sudden trauma, such as a fall, an automotive collision, or a similar accident. With immediate injuries you know that you have been injured at the moment of the accident, or very shortly after – like feeling whiplash pain the day after a rear-end collision. Immediate injuries also tend to have visible signs, such as bruises, contusions, and broken bones at the site of the injury, so that it is easy to recognize that an injury exists. · …
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    Marquette University Law School Faculty Blog

  • Does the Legalization of Marijuana Violate International Law?

    Ryan Scoville
    24 Oct 2014 | 10:41 am
    The shift toward legalization of marijuana has gained a lot of momentum in the past few years. By a recent count, more than twenty states have enacted legislation that permits use of one form or another. Most allow only medical use, but Colorado and Washington also permit recreational consumption. For present purposes, I take no position on the policy merits of this development. I do, however, want to point out that the marijuana debate tends to overlook an important issue—namely, federal tolerance for legalization of the sort that has occurred in Colorado and Washington probably places…
  • Law’s Love of Adverbs

    Lisa A. Mazzie
    20 Oct 2014 | 9:32 am
    Ah—the maligned adverb. Many writers eschew them. Stephen King, for example, seems to hate them. In his book, On Writing: A Memoir of the Craft, he writes, “I believe the road to hell is paved with adverbs[.]” He likens them to dandelions: one of them might look pretty, but they’re actually weeds that can and do take over your lawn (or, in the case of adverbs, your writing). What is an adverb? Generally speaking, it’s a word that ends in –ly (though not always; scroll down here to see adverbs as emphasizers, amplifiers, and downtoners—all words we lawyers like to use). The…
  • Justice Ginsburg on Empowering Oral Argument

    Melissa L. Greipp
    18 Oct 2014 | 12:55 pm
    An interview with Justice Ginsburg appears in the October issue of Elle magazine.  In the article, Justice Ginsburg describes her first oral argument before the United States Supreme Court.  Any advocate could relate to her story: I had, I think, 12 minutes, or something like that, of argument.  I was very nervous.  In those days, the court sat from 10 to 12, and 1 to 3.  It was an afternoon argument.  I didn’t dare eat lunch.  There were many butterflies in my stomach.  I had a very well-prepared opening sentence I had memorized.  Looking at them, I thought, I’m talking…
  • Daubert Has “Teeth” (and a Pulse)

    Daniel D. Blinka
    16 Oct 2014 | 10:46 am
    The first published case on Wisconsin’s (relatively) new rule on expert opinion testimony has emerged at long last. In 2011 the legislature replaced Wisconsin’s decade’s-old approach with the federal “Daubert rule,” a rule rejected by state appellate courts on several occasions. The old rule left disagreements among experts mostly to the trier of fact, provided the witnesses had suitable specialized knowledge that could assist in fact finding. The current Daubert rule unctuously anoints trial judges as “gatekeepers” responsible for ensuring that only…
  • Independence of Voters Yields Surprises in Law School Poll Results

    Alan J. Borsuk
    15 Oct 2014 | 2:11 pm
    It probably shouldn’t be such a surprise that independent votes would show their independence. But the Marquette Law School Poll results released Wednesday in an “On the Issues with Mike Gousha” session at Eckstein Hall clearly caught people in the room, as well as far beyond the room, by surprise. Independent voters were largely the reason why. Two weeks ago, the poll put Republican Gov. Scott Walker ahead of Democratic challenger Mary Burke by five percentage points among likely voters. This time, the two were in such a dead heat among likely voters that the exact same number of poll…
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    Green Building Law Update

  • I have been trekking and mountaineering in Tibet

    Stuart Kaplow
    13 Oct 2014 | 9:51 am
    I am writing this blog post from the Yak & Yeti hotel in Kathmandu. As some regular readers of this blog have commented, there has been a brief hiatus in my postings. For the last many weeks I have been trekking and mountaineering in Tibet. At the beginning of this wonderful adventure, I had an opportunity to meet with green building clients and friends in Beijing and tomorrow I will meet with clients in Delhi before making my way back to Baltimore. China and India each are huge markets for sustainable building. Although admittedly, I spent most of the past month climbing on the highest…
  • 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.
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    California Employment Law Report

  • Friday's Five: Five items employers need to understand about automobile and mileage reimbursement under California law

    Anthony Zaller
    24 Oct 2014 | 10:21 am
    Expense reimbursement may seem like a small issue in comparison with the other areas of liability facing California employers, but the exposure for not appropriately reimbursing employees can be substantial. In Gattuso v. Harte-Hanks Shoppers, Inc., the California Supreme Court clarified the parameters of mileage reimbursement under California law, as well as the three different methods available for employers to reimburse employees for their mileage reimbursement.  This post discusses five issues employers need to know about automobile and mileage reimbursement under California law. 1.
  • Friday's Five: Five answers to common questions about severance pay and severance agreements

    Anthony Zaller
    17 Oct 2014 | 10:56 am
    Severance pay is not required under California law. However, employers who have potential disputes with employees that are leaving employment should consider whether offering severance pay in exchange for a signed severance agreement containing a release of claims against the company may be useful in avoiding costly litigation. Here are answers to five common questions about severance: 1. Are employees entitled to severance pay? No. If an employee is an at-will employee, and either the employer or the employee decides to end the employment relationship, the employer is not required to provide…
  • Five tips about tips under California law

    Anthony Zaller
    10 Oct 2014 | 8:06 am
    Today's Friday's Five provides a few points for employers to consider who have employees that receive gratuities. California law is very specific regarding gratuities left for employees, and since tips are property of the employee, employers must approach this area with caution. Here are five “tips” about tips in California. 1. Tips are employee’s property. The Labor Code section 350 states unequivocally that “Every gratuity is hereby declared to be the sole property of the employee or employees for whom it was paid, given or left for.” In addition, Labor Code…
  • Friday's Five: Five things California employers should not forget about meal and rest breaks

    Anthony Zaller
    3 Oct 2014 | 9:51 am
    Back to some basics with this Friday’s Five. This post revisits some meal and rest break requirements. It has been a couple of years since the California Supreme Court issued it groundbreaking ruling in Brinker Restaurant Group v. Superior Court, and it is a good time for employers to audit these policies and practices. Here are five things employers should not forget regarding about meal and rest breaks. 1. Timing of breaks. Meal Breaks The California Supreme Court made clear in Brinker Restaurant Group v. Superior Court that employers need to give an employee their first meal break…
  • Friday's Five: Five ways employers can receive requests for employees' personnel and wage records

    Anthony Zaller
    26 Sep 2014 | 7:55 pm
    Employers can receive requests for employment records of current and former employees though different ways. It is important for employers to first carefully review the request to understand what is being requested. It is important to understand who is making the request? Is the request only seeking a personnel file? Is the request only seeking payroll records? It is possible that a third party, such as a governmental agency or a party in litigation is seeking employment records for an employee. In this case, it is important for the employer to understand its obligations in protecting the…
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    Social Security Disability Lawyer

  • Columbus Day & the 5 Day Rule

    Maine Social Security attorney Gordon Gates
    8 Oct 2014 | 7:45 am
    Columbus Day is one of those stealth federal holidays that does not get the attention of Memorial Day or Labor Day. It is relevant for those of us practicing Social Security disability law in the Region 1 (the New England states), because we have a 5-day rule for new evidence. The 5 days excludes weekends and holidays. So if you have a hearing during the week following Columbus Day, you must take the holiday into account when figuring the deadline for new evidence. Our office will be closed for the holiday. But our evidence for the upcoming cases has already been filed.
  • Use of Videoteleconferencing (VTC) at Your Hearing

    Maine Social Security attorney Gordon Gates
    24 Sep 2014 | 8:31 am
    Social Security recently changed its rules regarding videoteleconferencing (VTC), and is now sending notices regarding VTC at an early stage of the hearing level. The new notice requires a decision within 30 whether or not to object to a video hearing. Previously, the objection to VTC was not made until the time a hearing was actually scheduled. By moving forward the date by which an objection can be made, the issue to VTC or not is separated completely the identity of your judge or the timing of the hearing. Which in my view, makes it much easier to say no to a video hearing. The SSA likes…
  • Characteristics of a great Administrative Law Judge

    Maine Social Security attorney Gordon Gates
    24 Jun 2014 | 8:23 am
    I had a hearing recently with a terrific Social Security administrative law judge. The experience got me thinking about the characteristics you want in a judge. Here are a few: Good listener - the purpose of a Social Security disability hearing is to take testimony from the claimant. You want a judge who is actively listening, and who has not pre-judged the claim based upon the written record. Empathy - this is such an important quality. A good judge will understand what effects claimants' symptoms have on their lives. By the way, this is an important quality for a disability lawyer, as…
  • Your diagnosis is just a first step to disability

    Maine Social Security attorney Gordon Gates
    4 Jun 2014 | 7:57 am
    I frequently talk to clients and potential clients, who say "I am diagnosed with x, y, and z" so I cannot work." I hear this statement almost every day (sometimes several times a day). Here is how I respond: "Well, x, y, or z can certainly be a basis for disability. But the issue in your case, and the reason your claim for disability benefits has been denied so far, is that Social Security needs to assess the severity of your symptoms from these ailments. Your diagnosis was a necessary step, but it is just the first step. The big issue is: what are your functional…
  • The 2013 Waterfall Chart

    Maine Social Security attorney Gordon Gates
    15 May 2014 | 8:29 am
    Each Spring, the SSA releases statistics from the previous fiscal year in an easy to understand format, the "waterfall" chart. The chart shows the percentage of claims approved and denied at the various levels of review. Here is the latest chart, for FY 2013: The chart shows that allowed claims are down at every level of review, and Appeals Council remands are down as well. I have been highlighting the annual waterfall chart on this blog for 5 years. Back in 2008-2009, ALJ allowances were steady at 63%. From that baseline, we now see a 15-point reduction to 2013.  2010 was similar…
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    The Rainmaker Blog

  • How Your Ego is Killing Your Website Leads

    Stephen Fairley
    24 Oct 2014 | 3:57 pm
    Most lawyers I know have a pretty healthy ego and let me state for the record that there’s nothing wrong with that.  Successful business people have healthy egos or they wouldn’t be as successful as they are. But there is one place where your ego can get in the way of your lead generation efforts, and that is on your website. For many law firms, a website is a vanity project.  They want a big, glossy photo of their attorneys (preferably in an imposing board room), and their firm name and their awards or recognitions prominently displayed on the home page. That means a…
  • Money Talks So Prospects Don't Walk

    Stephen Fairley
    23 Oct 2014 | 3:56 pm
    Here’s a subject that makes lawyers nervous:  paying a bonus to intake personnel for decreasing your no-show rate.  Many of you think you can’t do that, but you are wrong.  You can and you should. Any time you do a performance bonus incentive plan, it has to meet two criteria: 1.  It has to make the firm money or save the firm money. 2.  It has to be within that person’s control. For the show-up bonus, you never incentivize the team; you incentivize the individual people who set the appointments. If the receptionist was not responsible for setting…
  • Demystifying the Supreme Court, John Oliver Style

    Stephen Fairley
    22 Oct 2014 | 3:39 pm
    The U.S. Supreme Court has a longstanding ban on cameras inside its courtroom, which is apparently a pet peeve of John Oliver, the British comedian who hosts his own weekly news show on HBO called “Last Week Tonight with John Oliver.” As Oliver notes during his five-minute rant on the high court camera ban, “What happens in the Supreme Court is way too important not to pay attention to.” He says that the current use of audio and courtroom sketches that he finds profoundly dull prevent people from being interesting in following Supreme Court arguments that could have a…
  • How to Hit the Sweet Spot for All Your Online Posts

    Todd Davis
    21 Oct 2014 | 3:55 pm
    When research points the way to how you can most effectively market your firm online, that is hitting the sweet spot. Social media tracking firm SumAll partnered with BufferApp in creating the infographic below that sums up current market research done on the optimal length for posts on social media platforms.  Here is the data represented in this clever infographic: Twitter:  tweets of less than 100 characters have a 17% higher engagement rate. Facebook:  posts with 40 characters receive 86% more engagement than those with a higher character count. Google+:  ideal…
  • FREE Webinar Oct. 23: 7 Tips to Finding Speaking Opportunities

    Stephen Fairley
    20 Oct 2014 | 3:40 pm
    How would you like to have one to two speaking engagements scheduled in your calendar each month? Imagine how many people in your local community you could meet, how many would learn to trust you and contact you first with their legal questions ... and how your practice could grow as a result! If you'd like to learn how to find speaking opportunities but have no idea where to start, I invite you to join Cindy Greenway, Editor-in-Chief at for 7 Tips to Finding Speaking Opportunities, a free webinar on Thursday, October 23.  In this fast paced ­30-minute webinar, you…
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    Defending People

  • In Which Math is Still Hard

    Mark Bennett
    18 Oct 2014 | 1:57 pm
    I’ve written here several times, under the category “math is hard,” about Americans’ innumeracy with regard to risk and danger. I have a theory: Americans overestimate the danger (risk times harm) of things that they are willing to do something about (terrorism!), and underestimate the danger of things that they are not willing to do something about (obesity!). The government, meanwhile, has an interest in overstating the danger of things that it is profitable for corporations to do something about (terrorism!) and understating the danger of things that it is…
  • In Which We Are Being Lied To

    Mark Bennett
    18 Oct 2014 | 11:37 am
    [via The White House.] I’ll take the last point—which may be literally true—first: “Ebola is not spread through casual contact with someone who has no symptoms of the disease.” Per the CDC, “Initial signs and symptoms are nonspecific and may include fever, chills, myalgias, and malaise. … The most common signs and symptoms reported from West Africa during the current outbreak from symptom-onset to the time the case was detected include: fever (87%), fatigue (76%), vomiting (68%), diarrhea (66%), and loss of appetite (65%).” So as long as everyone you have…
  • In Which My Good Deed is Punished

    Mark Bennett
    16 Oct 2014 | 9:49 am
    On April 5th TSU law student Amir Tavakkoli sent me this message via my website: Your name: Amir Tavakkoli Your E-mail Address: [redacted] Your Phone Number: [redacted] The defendant’s Name: Amir Tavakkoli The defendant’s date of birth: [redacted] The court: Texas Court of Criminal Appeals/Appeal from 9th COA The case number: 09-13-00082-CR Your message to Bennett & Bennett: Dear Mr. Bennett: I hope this email finds you well. My name is Amir Tavakkoli and I am graduating from law school in May. You may know me from my days working at the Texas Criminal Justice Coalition. I…
  • In Which I Defend, Against Franks and Citron, Your Right to Sext

    Mark Bennett
    14 Oct 2014 | 1:38 pm
    In the same way that sovereign citizens and jailhouse lawyers take snippets of language from cases and quote them as gospel truth, applicable in all cases, anti-revenge-porn zealots take snippets of language from cases and quote them as gospel truth, applicable in all cases: While Bennett has accurately described categories of speech that the Supreme Court has deemed “unprotected,” there are other types of speech that are lesser-protected. The most established example of lesser-protected speech is commercial speech. The Supreme Court has also recognized that “speech on…
  • First Amendment 101

    Mark Bennett
    6 Oct 2014 | 12:20 pm
    Danielle Citron compensates for her ignorance of First Amendment law with her certainty: Disclosures of private communications involving nude images do not enjoy rigorous First Amendment protection. They involve the narrow set of circumstances when the publication of truthful information can be punished. Slate, All States Should Outlaw Revenge Porn. Laypeople don’t know that Citron is wrong and have no reason to doubt this bald assertions, and fellow academics are afraid of being called names for challenging zealots, so it falls to practicing lawyers to point out that this is the state…
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    a public defender

  • Not all child molesters

    24 Oct 2014 | 6:10 am
    Everyone who molests children is a horrible, evil person. Everyone who looks at photos of child pornography is the devil and deserves to die immediately, or slowly and excruciatingly, or deserves to be beaten up. Anyone who dares to speak up against the hysteria surrounding child abuse and child pornography is also a rapist, molester, creep, pervert, abuser. Until it happens to one of yours. Butler County Prosecutor Michael Gmoser addressed his staff Monday about the child pornography charges his adult son faces after being arrested Oct. 16 by federal agents. On Monday, Michael Gmoser told…
  • Rowdy Rioters

    21 Oct 2014 | 4:00 am
    If you don’t think there is a dichotomy in the way America treats its races, you’re an idiot. The incident at Keene and the treatment of it by the news media should be Exhibit A. Read this fantastic piece about why Keene is nothing more than a mob, while Ferguson is a protest. And then go buy this timely t-shirt.
  • If you don’t buy this t-shirt, the racists win

    17 Oct 2014 | 4:45 am
    I don’t normally plug things for sale on the blog, but a good friend has made this tongue-in-cheek, but very serious t-shirt juxtaposing the ways we treat black and white actions differently in this country and the way we view the differences between the two races. A major problem America faces is the existence (and often the denial) of Institutionalized Racism. There are countless studies and statistics that show minorities – especially black men – are disproportionately targeted by our judicial system. The criminalizing and villainizing of the black male greatly affects…
  • A double standard in prosecutorial misconduct

    16 Oct 2014 | 5:05 am
    Last week, in a Connecticut courtroom, something unprecedented happened: after a jury returned a guilty verdict in a trial, the judge, from the bench, suspended the defense lawyer for 20 days from the practice of law, for twice-violating a court order. The lawyer is long-time New Haven attorney John Williams, who is a former law partner of Norm Pattis, so I’ll refer you to Norm for a defense of Attorney Williams. Apparently, Williams’ client was tried in Federal court for the same offense and acquitted and then returned to State court for another trial. The judge ruled that the…
  • Death by any means

    15 Oct 2014 | 6:27 am
    It’s bad enough that the duty of prosecutors to disclose and give to the accused any exculpatory and impeachment evidence is entirely self-regulated. It’s quite another when prosecutors flout that requirement to obtain convictions while hiding behind the quickly falling veil of justice. It’s worse yet when they intentionally hide evidence in a case in which they are seeking to murder the accused. This may sound familiar to you and that’s because I wrote back in February about Virginia prosecutors and their quest to kill Justin Wolfe. If only this were a follow-up to…
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  • Court denies request of plaintiffs in right of publicity suit to exhume the body of Aunt Jemima

    Evan Brown (@internetcases)
    22 Oct 2014 | 6:49 am
    The great-grandsons of Anna S. Harringon, whose image formed the basis for Aunt Jemima, sued Quaker Oats Company and others for $2 billion claiming that defendants failed to pay royalties to Harrington’s estate after her death in 1955. One of the allegations in the case is that defendants played a role in Harrington’s death. Apparently, in an effort to support those allegations, plaintiffs sought an order from the US District Court for the Northern District of Illinois (where the matter is pending) allowing them to exhume the body of their great-grandmother for evidence of this…
  • GitHub jeopardizes its DMCA safe harbor status by launching its new policy

    Evan Brown (@internetcases)
    16 Oct 2014 | 5:54 pm
    GitHub has baked in some feelgood to its new DMCA takedown policy. The new setup features clearer language, a refusal to automatically disable all forks of an allegedly infringing repository, and a 24-hour window in which the target of a takedown notice may make changes. The mechanisms of this third point ought to cause one to consider whether GitHub is risking the protections of the DMCA safe harbor. If a DMCA takedown notice alleges that only certain files (as opposed to the whole repository) infringe, under the new policy, GitHub “will contact the user who created the repository and…
  • YouTube has been a billion dollar boon to big media

    Evan Brown (@internetcases)
    14 Oct 2014 | 9:14 pm
    This NBC News piece reports that since 2007, YouTube’s ContentID program has enabled copyright holders to monetize content posted to the service and get paid a billion dollars in the process. (Also included in the report is the staggering statistic that ContentID scans 400 years of content every day — we live in content-producing world of crazy proportions!) So we see that with this kind of cash rolling in, it’s no wonder that Viacom finally came to its senses earlier this year when it decided to discontinue its litigation against YouTube. The billion dollar notion is also…
  • Copyright, not privacy, motivated Reddit to take down photos of nude celebrities

    Evan Brown (@internetcases)
    30 Sep 2014 | 8:34 pm
    This VentureBeat piece with Reddit CEO Yishan Wong brings up a number of interesting facts concerning Reddit in the wake of its receiving an additional $50 million funding round. One of those pieces of interesting information concerns Reddit’s decision to take down a subreddit devoted to the sharing of recently-leaked celebrity nude photos. Says Wong: If there’s any confusion: [Reddit] did not shut down /r/TheFappening due to content linking to nude celebrity photos. The subreddit was shut down because users were reposting content already taken down due to valid DMCA requests, and…
  • Microsoft letter to GitHub over DRM-free music software is not the first copyright-ironic action against an intermediary

    Evan Brown (@internetcases)
    4 Aug 2014 | 10:01 pm
    TorrentFreak has reported that Microsoft demanded that GitHub take the code repository of an app that provides access to unprotected Xbox Music tracks. Some are calling it ironic, given that Microsoft is offering access to DRM-free music through its API. The situation is reminiscent (though not legally identical) to the weirdness we observed way back in 2006 when YouTube asked TechCruch to take down a tool that allowed people to download video clips. We recognized early on that YouTube was a copyright renegade. So it was surprising that it would take such an aggressive tactic toward purveyors…
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    Florida Estate Planning Lawyer Blog

  • 4th DCA and Charging Order Protection for Florida LLC

    30 Sep 2014 | 7:36 am
    In Florida, a multi member LLC, has asset protection characteristics. Prior to 2011, Florida law was not clear on whether a charging order was the exclusive remedy for a creditor of a member of a multi member LLC. Assets in a Florida multi member LLC are protected from the reach of the member's creditors so that the debts of one member do not cause harm to the other members. Once a creditor receives a judgement, they can apply for a charging order and stand in line to receive distributions that are made to that member. The problem with this is that a charging order also subjects the creditor…
  • If a person dies intestate what proof must their children show the court to prove they are the heirs to the estate?

    29 Sep 2014 | 7:36 am
    Most Florida probate courts simply accept the information contained in the pleadings that are filed with the court. These pleadings are usually signed "under penalties of perjury". Some courts (such as Citrus Count and Miami-Dade County) often require an Affidavit of Heirs.pdf to be filed along with the pleadings. There really is no other independent evidence that is required to prove who the beneficiaries are. When a rightful heir has been omitted from the pleadings, it is important to act timely. Sometimes, there are people who are included that should not receive a ​portion of the…
  • 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…
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  • The Friday Fillip: Strong Verbs

    Simon Fodden
    24 Oct 2014 | 4:05 am
    Verbs like “heave” or “shove,” “endure” or “conquer”? Nope. More like “be” and “do” and “let.” I chanced on the word “gat” recently. Not the gun slang, though; rather, a past tense of “get.” It came in a passage from the King James version of Ecclesiastes (the “there is no new thing under the sun” book; a short, well-written, skeptical blast worth reading in full): 2:8 I gathered me also silver and gold, and the peculiar treasure of kings and of the provinces: I gat me men…
  • Do You Want to Know a Secret?

    Robert McKay
    24 Oct 2014 | 4:00 am
    It was some time ago, while reading a few articles and columns offering opinions and insights into the legal and professional information publishing industry, that I perceived the extent to which the bonds between the employee and company appear, unfortunately, to have weakened. Now just to put that into context, personally and subjectively, I believe that corporate loyalty can be much over-rated and more often than not is encouraged as a means by which to exploit workers. I’m much happier with the idea of a contractual relationship of obviously unequal parties in which each owes the other…
  • UofT Professor Kent Roach on Canadian Counter-Terrorism Law

    Michel-Adrien Sheppard
    23 Oct 2014 | 3:27 pm
    Well-known University of Toronto law professor Kent Roach has reacted to this week’s two terrorist attacks in St-Jean and Ottawa with a post about The Canadian Terrorist Attacks and Canadian Counter-Terrorism Law on the US-based Just Security website. Roach’s text examines some of the existing powers in the Criminal Code that can be used against suspected terrorists, and discusses the issues surrounding proposed amendments that would expand powers of Canadian intelligence services. Roach is the author of The 9/11 Effect: Comparative Counter Terrorism Law (Cambridge University…
  • Thursday Thinkpiece: Oliphant on Creeping Monism in Charter Interpretation

    23 Oct 2014 | 6:00 am
    Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form. INTERPRETING THE CHARTER WITH INTERNATIONAL LAW: PITFALLS & PRINCIPLES Benjamin Oliphant APPEAL: Review of Current Law & Reform Vol. 19, no.1 (2014): 105-129 Excerpt: Part II (Footnotes omitted. They are available in the online version via the link above.) II. PRESUMPTIONS OF COMPLIANCE AND CREEPING MONISM…
  • Don’t Let Your Strategic Plan Become a Very Expensive Bookend!

    Lynn Foley
    23 Oct 2014 | 4:00 am
    My firm was recently retained by a client to assist with their Strategic Planning process. During the “interview stage” of our relationship, the Managing Partner went to great lengths to have me explain my process and style. We had numerous meetings (more than I believe any lawyer would think was reasonable if the situation were reversed) but still I persevered. I knew that there was a reason underlying their reluctance to sign on the dotted line although I understood that it was not about my firm (they had already told me that we were the consultants with whom they wanted to work.) So we…
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    Virtual Law Practice

  • Meaningful Play & Legal Games Research

    Stephanie Kimbro
    17 Oct 2014 | 2:09 pm
    The annual Meaningful Play Conference (@meaningfulplay, #mplay) is being held this week at Michigan State University. This game conference takes an academic approach to how games can be used to educate and persuade the players. The conference explores how games can be designed and developed for meaningful purposes acknowledging that …games have the potential to impact players’ beliefs, knowledge, attitudes, emotions, cognitive abilities, physical and mental health, and behavior. I am unable to attend the conference, but my two fellow panelists, Lien Tran and Dan Jackson, are…
  • Teaching eProfessionalism to Law Students with Social Media

    Stephanie Kimbro
    29 Sep 2014 | 11:23 am
    Today I posted an article on the Legal Technology Blog, part of the Law Professor Blog Network, about the challenges of teaching eprofessionalism to law students in my Social Media and the Law course.  You can read the full post here. The trick with teaching social media to law students is that it is a personal choice the students have to make about finding the right balance between their personal lives, their friends and family and hobbies, and their soon-to-be professional lives. I give them my own choices in the use of social media as an example and teach them how to use the settings in…
  • Podcast: How to Provide Client Hand-holding in Virtual Law Practice

    Stephanie Kimbro
    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

    Stephanie Kimbro
    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

    Stephanie Kimbro
    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…
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    Florida Estate Planning Lawyer Blog

  • 4th DCA and Charging Order Protection for Florida LLC

    30 Sep 2014 | 7:36 am
    In Florida, a multi member LLC, has asset protection characteristics. Prior to 2011, Florida law was not clear on whether a charging order was the exclusive remedy for a creditor of a member of a multi member LLC. Assets in a Florida multi member LLC are protected from the reach of the member's creditors so that the debts of one member do not cause harm to the other members. Once a creditor receives a judgement, they can apply for a charging order and stand in line to receive distributions that are made to that member. The problem with this is that a charging order also subjects the creditor…
  • If a person dies intestate what proof must their children show the court to prove they are the heirs to the estate?

    29 Sep 2014 | 7:36 am
    Most Florida probate courts simply accept the information contained in the pleadings that are filed with the court. These pleadings are usually signed "under penalties of perjury". Some courts (such as Citrus Count and Miami-Dade County) often require an Affidavit of Heirs.pdf to be filed along with the pleadings. There really is no other independent evidence that is required to prove who the beneficiaries are. When a rightful heir has been omitted from the pleadings, it is important to act timely. Sometimes, there are people who are included that should not receive a ​portion of the…
  • 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…
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    Native American Legal Update

  • Historical Artifacts Halt World's Largest Tunnel Project

    Greg Guedel
    24 Oct 2014 | 10:42 am
    The Seattle Times is reporting that workers on the Highway 99 tunnel project on Seattle’s waterfront, the largest underground road tunneling project ever undertaken, have encountered a collection of shells that could indicate the presence of historic activity from indigenous tribes. Archaeologists with the Washington State Department of Transportation noticed the deposit and ordered the tunneling contractors to stop work. An archaeological investigation will be undertaken to seek further evidence of historical settlements and activity by indigenous communities. Any such finds are to be…
  • Legal Battle Keeps Jim Thorpe's Remains Far From Home

    Greg Guedel
    23 Oct 2014 | 12:46 pm
      As reported in Sports Illustrated, the family of sports legend Jim Thorpe has lost the latest round in a protracted legal battle to have his remains returned to his homeland of the Sac and Fox in central Oklahoma. The 3rd U.S. Circuit Court of Appeals overturned a ruling by a U.S. District judge that authorized Thorpe's remains to be relocated to Oklahoma. His body is currently buried in Jim Thorpe, Pennsylvania – at town with which he had no connection during his lifetime, but which changed its name to “Jim Thorpe” after his death specifically so he would be buried…
  • Tribal Payday Loans Under Fire In Federal Courts

    Greg Guedel
    9 Oct 2014 | 10:15 am
      ( United States Court of Appeals for the Second Circuit has denied a request by two Native American Tribes to stop New York State’s top financial regulator from cracking down on their online lending businesses. The decision comes more than a year after the Tribes sued Benjamin M. Lawsky, Superintendent of the state’s Department of Financial Services, arguing that he had overstepped his jurisdictional bounds in trying to regulate business activity that takes place on Tribal reservations in Oklahoma and Michigan. The ruling upholds a…
  • Seattle Replaces Columbus With "Indigenous Peoples' Day"

    Greg Guedel
    7 Oct 2014 | 8:41 am
    The Seattle City Council has unanimously approved a resolution designating the second Monday in October as “Indigenous Peoples’ Day.” October’s second Monday also is Columbus Day, a federal holiday named for explorer Christopher Columbus and widely marked by the celebration of Italian-American history and culture. Washington is among the states that do not recognize Columbus Day as a legal holiday, and Columbus Day is not a Seattle holiday. Indigenous People’s Day won’t be an official Seattle holiday either — just a day to honor indigenous peoples.
  • Navajo Nation Agrees to $554 Million Settlement with U.S. Government

    Greg Guedel
    25 Sep 2014 | 9:05 am
      The US government has agreed to pay the Navajo Nation $554 million to settle a legal dispute regarding mismanagement of Tribal lands and trust resources. It is the largest payment ever made by the U.S. government to a single tribe. The settlement concludes litigation that has been ongoing for more than 50 years. The Navajo Nation is the largest Native American tribe in both population and land area, with more than 300,000 members and territory spanning four states. About 14 million acres of Navajo land is leased out by the U.S. government in a trust capacity for purposes including…
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    Technology & Marketing Law Blog

  • Court Rejects Argument That ECPA Does not Apply to Spousal Interception of Email–LaRocca v. LaRocca

    Venkat Balasubramani
    24 Oct 2014 | 11:23 am
    Eloisa LaRocca alleged that her former husband installed spyware on her computer and intercepted emails she sent. The ex-husband moved for summary judgment on the basis that ECPA did not apply to spousal interceptions of electronic communications. The ex-husband also challenged Eloisa’s argument that the computer that she used to access the email was her separate property, and that she had any expectation of privacy in the emails on that computer. The court denied the husband’s motion. Although prevailing Fifth Circuit law (see Simpson v. Simpson from 1974) doesn’t impose ECPA…
  • Congress Is Considering A New Federal Trade Secret Law. Why? (Forbes Cross-Post)

    Eric Goldman
    22 Oct 2014 | 10:07 am
    [Two brief introductory notes: (1) the trade secret bills have been dormant in Congress pending the November elections, but don't rule out the possibility of them roaring back immediately thereafter, and (2) I have uploaded an expanded version of this post, with extensive citations, to SSRN, so you might prefer reading that version.] Trade secrets usually don’t grab headlines the way that patents or copyrights do, but don’t let that fool you about their importance. Studies regularly show that most businesses care more about trade secrets than either copyrights or patents. In fact,…
  • When Does Online Criticism Become “Stalking”?–Ellis v. Chan

    Venkat Balasubramani
    10 Oct 2014 | 10:47 am
    This is an online harassment dispute. Ellis, the plaintiff/petitioner, is the author of a poem called “The Dash”. She has achieved some degree of public figure status through the poem’s notoriety. The poem is about a person who speaks at a funeral, and Ellis encourages people to recite (but not publish) the poem. According to Chan, the defendant/respondent, Ellis also engages in scorched-earth copyright enforcement tactics, sending threat letters and extracting settlements from a wide-ranging group of people or entities who post or publish her poem without permission. In other words,…
  • Q3 2014 Quick Links, Part 2 (Content Regulation)

    Eric Goldman
    9 Oct 2014 | 8:51 am
    Photo credit: 3D Quick Link Crossword // ShutterStock * United States v. Valle, 2014 WL 2980256 (S.D.N.Y. June 30, 2014). The highly unusual facts of this case reflect the Internet age in which we live. To prove the kidnapping conspiracy alleged in Count One, the Government relied on numerous Internet “chats” in which Valle and three alleged coconspirators discuss in graphic detail kidnapping, torturing, raping, murdering, and cannibalizing women. Valle and his three alleged co-conspirators “met” on Dark Fetish Network or (“DFN”), which bills itself as a fantasy…
  • Call for Papers/Participation, 5th Annual Internet Law Work-in-Progress Conference, SCU, March 7, 2015

    Eric Goldman
    8 Oct 2014 | 12:15 pm
    Taken before any characters got mauled at D&D nightWe invite your participation in the Fifth Annual Internet Law Work-in-Progress conference at Santa Clara University School of Law on March 7, 2015. The conference series is co-sponsored by the High Tech Law Institute at Santa Clara University School of Law and the Institute for Information Law and Policy at the New York Law School. The work-in-progress event was created for Internet law scholars to receive feedback about their papers and projects from their academic peers. We take a broad view of the topics that fit under the…
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    The California Employment Law Blog by Mediator Steven G. Pearl

  • Gomez v. Campbell-Ewald Co.: Rejected Settlement Offer Does Not Moot Individual or Putative Class Claims

    Steven G. Pearl
    8 Oct 2014 | 1:00 pm
    Gomez v. Campbell-Ewald Company, ___ F.3d ___ (9th Cir. 9/19/2014) concerns an issue that has arisen more frequently in employment class actions: whether a rejected settlement offer moots individual and/or class claims. See Genesis Healthcare Corp. v. Symczyk, ___ U.S. ___, 133 S.Ct. 1523 (2013) (discussed here). In Gomez, the plaintiff filed an individual and putative class action under the Telephone Consumer Protection Act (TCPA). The defendant made a Rule 68 offer of judgment for the full amount of the plaintiff’s individual claim, and the plaintiff rejected the offer. After the…
  • Kao v. University of San Francisco: Employer Not Required to Enter into Interactive Process before Requiring Fitness-for-Duty Exam

    Steven G. Pearl
    29 Sep 2014 | 8:00 am
    In Kao v. University of San Francisco (8/2/14, pub. 9/2/14) --- Cal.App.4th ---, plaintiff John S. Kao alleged that the University of San Francisco (USF) violated the Fair Employment and Housing Act (FEHA) and other California laws by directing him to have a fitness-for-duty exam (FFD) after faculty members and school administrators reported that his behavior was frightening them, and then terminating his employment when he refused to participate in the examination. He appealed from a judgment against him after jury trial, and the Court of Appeal affirmed, holding as follows: The law did not…
  • Jimenez v. Allstate: District Court Did Not Err in Certifying Off-the-Clock Class Action

    Steven G. Pearl
    26 Sep 2014 | 8:00 am
    In Jimenez v. Allstate Insurance Company ___ F.3d ___ (9th Cir. 9/3/14), the defendant, Allstate, appealed from an order granting Rule 23 class certification district court’s grant of class certification in an action alleging that it had a practice or unofficial policy of requiring its claims adjusters to work unpaid off-the-clock overtime in violation of California law. The Ninth Circuit affirmed, holding as follows: The plaintiff satisfied the commonality requirement of Federal Rule 23(a)(2) by identifying common questions, the truth or falsity of which would "resolve an issue that is…
  • 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. 
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    The Securities Law Blog

  • Is Dodd-Frank Responsible For Market Volatility?

    22 Oct 2014 | 5:08 am
    Last week’s market gyrations sparked questions about whether bank regulations implemented after the 2008 financial crisis exacerbated price declines by limiting the ability of Wall Street banks to make markets.Read More - Did Bank Rules Kill Liquidity? Volcker, Frank Respond - Businessweek
  • Customer Hit with $80,000 in Respondents' Attorney's Fees

    17 Oct 2014 | 7:00 am
    It is not often that a public customer is forced to pay a respondent's attorneys fees, but in a recent FINRA arbitration, that is exactly what happened.According to the description in the FINRA arbitration award it appears that a public customer, representing herself, filed a claim against UBS for unauthorized transactions, unsuitable recommendations, negligent supervision and violation of FINRA's conduct rules, requesting 2.75 million dollars in damages. UBS denied the allegations and requested expungement for the broker.A hearing was scheduled, and the Claimant did not appear, and did…
  • Third Party Bene is Not a Customer for Arbitration Purposes

    16 Oct 2014 | 12:00 pm
    A FINRA arbitration panel has dismissed a $32 million claim because the claimant was not a customer of the brokerage firms, and did not have an account with the Respondents.The Claimant had alleged that he was an undisclosed third-party beneficiary to the investment contract at issue, and was therefore entitled to arbitrate the claims. Without a written agreement, and an admission that he had no dealings with the Respondent, the claim was dismissed.See, FINRA Arbitration Award 13-02741 
  • The Need for Narrow SEC Subpoenas

    16 Oct 2014 | 7:00 am
    Two common criticisms of investigations by the Securities and Exchange Commission have been the length of time investigations take and the enormous costs they impose on private parties. The issues raised by those criticisms have grown in significance in recent years as the SEC staff has used vague and overbroad subpoenas and requests for documents in the age of email and electronically stored information. Unduly broad requests for electronic documents slow the production process, extend investigations, and significantly increase the associated costs.Andrew Vollmer, the former Deputy Counsel…
  • New Computer Programs to Detect Insider Trading

    15 Oct 2014 | 8:42 am
    When you are accused of insider trading, it is not the time to try out a new attorney, or to contact your sister's divorce attorney for help. The SEC is serious about insider trading, and if they are looking at your innocent trades, you need to be able to respond in an intelligent, well thought out manner.This week the chief of the market abuse unit at the SEC acknowledged that the Commission is taking a trader-based approach to surveillance. “The way is to turn the approach upside down in a way that would reveal relationships,” Hawke said, adding that they look at the relationships and…
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    Construction Law Musings- Richmond, VA

  • The Registered Agent Advantage

    Christopher G. Hill
    20 Oct 2014 | 6:00 am
    English: Logo of the SCC eFile website. Created by the Virginia State Corporation Commission. (Photo credit: Wikipedia) In the Commonwealth of Virginia, as in most states, all corporations, LLC’s or other corporate style entities are required to have a registered agent if they are to do business in the Commonwealth.  The reasons for the requirement are many, but the main ones are taxation, service of process and communication from the Virginia State Corporation Commission (the “SCC”).  Without such a registered agent, many rights, for example the right to prosecute a…
  • LEED Certification Challenges: What is “Close Enough”?

    Christopher G. Hill
    13 Oct 2014 | 6:15 am
    Originally posted 2010-06-14 09:00:08. There have been many discussions lately regarding the Northland Pines challenge to the LEED certification of its high school facility recently rejected by the USGBC, notably at the Builder’s Counsel Blog and at the Green Building Law Update.  You can check out the Green Building Law Update link for the entire group of documents that the challengers used in their appeal.  The rejection was not the end of the road, however.  The challengers have appealed the ruling and issued the following statement on June 5, 2010: What is all the ruckus about…
  • Is Arbitration Okay Under the Miller Act? It Is if You Don’t Object

    Christopher G. Hill
    13 Oct 2014 | 6:15 am
    Map of the United States District Courts in Virginia (Photo credit: Wikipedia) I have discussed both payment bond claims under the Miller Act and alternate dispute resolution (ADR) here at Construction Law Musings on many an occasion.  A question that is sometimes open is what to do when there is contractually mandated arbitration for claims “relating to the contract or the work.” While here in Virginia, as in most places, the courts will almost automatically send any breach of contract case with such a clause to arbitration, a question exists whether the claim against the bond…
  • “Green” Expectations. . . or Just Expectations (“green” is not a specification; it’s a paint color)

    Christopher G. Hill
    10 Oct 2014 | 6:00 am
    Originally posted 2012-02-27 09:00:54. Image via Wikipedia I was having a discussion regarding “green”  building with my friend and recent guest poster here at Musings, Nick Pacella (@nmpacella) this past week and (as often happens when I chat with the great folks in the construction world) it got me to thinking.  Is “Green” its own separate category of construction, or just another sub-set of possible specifications for a construction project with it’s own set of challenges? Much has been made of sustainable construction from a risk management, marketing,…
  • The Beautiful Mess

    Christopher G. Hill
    10 Oct 2014 | 6:00 am
    For this week’s Guest Post Friday here at Musings, we welcome back Mike Collignon.  Mike is a co-founder of the Green Builder Coalition. The Green Builder® Coalition is working to improve the sustainable attributes of new and existing buildings through education, information and advocacy. If you watched any of the World Cup coverage this summer, you may have heard soccer/futbol referred to as “The Beautiful Game”. However, for some Americans (myself not included), the game is 22 players on the same field, with little to no action occurring. The same might be used to describe the…
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    CAFA Law Blog

  • Single Event Exception Includes Multiple Events Caused by a Significant Occurance (McGlinchey Stafford PLLC)
    24 Oct 2014 | 3:00 am
    Rainbow Gun Club, Inc. v. Denbury Resources, Inc., 2014 WL 869504 (W.D. La. March 5, 2014). In this action, the District Court affirmed a remand order finding that CAFA’s local “single event exception” can include mass actions involving manifestation of multiple events caused by a significant occurrence. The lessors and royalty owners of certain mineral leases in the Cameron Parish, brought an action against the defendants in the Thirty-Eighth Judicial District Court for the Parish of Cameron.  The plaintiffs, who numbered well over 100, alleged that they were owed money…
  • Only 25% of PAGA Penalties–Sufficient to Satisfy the Amount in Controversy? (McGlinchey Stafford PLLC)
    23 Oct 2014 | 3:00 am
    Controulis v. Anheuser-Busch, LLC, 2013 WL 6482970 (C.D. Cal. Nov. 20, 2013). The plaintiff, employed as a bottler by the defendant, Anheuser-Busch, LLC, brought an action alleging that the defendant violated California law by including the value of free beer in the regular rate of pay. The terms of the plaintiff’s employment were governed by a collective bargaining agreement (“CBA”), which provided that the defendant would distribute two free cases of beer each month to each employee who met certain requirements in the previous month.  Supposedly, these free cases of beer were not to…
  • Defendants Must Demonstrate Factual Basis for Amount-in-Controversy Claims (McGlinchey Stafford PLLC)
    22 Oct 2014 | 3:00 am
    Sanchez v. Res-Care, Inc., 2014 WL 807997 (C.D. Cal. Feb. 28, 2014). In this action, the District Court remanded the case to the state court finding that the defendant failed to show by preponderance of evidence that the amount-in-controversy exceeded CAFA’s $5 million threshold. The plaintiff, a certified nursing assistant, filed a class action against her former employer in the state court claiming that the defendants violated the applicable Industrial Wage Commission Wage Orders, California Business and Professions Code §§ 17200, and California Labor Code §§ 204 (“Unpaid Wages…
  • Defendant’s Speculations Will Not Suffice for CAFA Jurisdiction (McGlinchey Stafford PLLC)
    21 Oct 2014 | 3:00 am
    Woods v. CVS Pharmacy, Inc., 2014 WL 360185 (C.D. Cal. Jan. 30, 2014). A District Court in California remanded an action for failure to establish the amount in controversy holding that a defendant seeking removal of a putative class action must demonstrate, by a preponderance of evidence, that the aggregate amount in controversy exceeded the jurisdictional minimum. Plaintiffs are pharmacists who worked as “floater” pharmacist in Region 60 of defendants’ California retail stores.  A “floater” pharmacist is one who travels to different locations.  The plaintiffs filed this action in…
  • Plaintiff’s Facially Deficient Claims Cannot Be Considered for Purposes of the CAFA Amount in Controversy Determination (McGlinchey Stafford PLLC)
    20 Oct 2014 | 3:00 am
    McDaniel v. Fifth Third Bank, 2014 WL 805508 (M.D. Fla. Feb. 28, 2014). In an action arising out of fraud and misrepresentation, the district court refused to retain subject matter jurisdiction under CAFA finding that it could not consider a facially deficient claim for the purpose of ascertaining the amount-in-controversy. The plaintiff filed an action in the state court asserting nine counts arising out of the defendant’s practice of charging non-account holders, who wished to cash checks at the defendant’s branch offices, a $4.00 check cashing fee.  After charging the fee, the…
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    Lowering the Bar

  • Guy Sues Legal System Again

    23 Oct 2014 | 12:27 pm
    Just the one in Illinois, at least for now. According to the Madison Record (thanks, Dave), Aaron Wemple has sued the Illinois State Bar Association and all of its members, alleging that ... well, that it and they have done and/or are doing something to him and/or others that requires compensation in an amount not less than $250,030,550,000. I wasn't able to get the complaint (for free), but here's how the Record describes it: According to the complaint, the [ISBA] "was engaged in the business of exclusively authorizing processes for sale to and use by members of the…
  • Coma-Faker Pleads Guilty to Fraud

    22 Oct 2014 | 11:21 am
    Doesn't seem like it should have taken two years to establish this, but it turns out Alan Knight was lying when he claimed to be quadriplegic and/or comatose in order to avoid court appearances and delay his prosecution. He even checked himself into the hospital on occasion for this purpose, and you'd think they would have questioned both of the above conditions. Anyway, in the end his fitness was established pretty conclusively by video of an allegedly comatose person doing stuff like driving around, going shopping, and other things that generally require at least some level of…
  • You're Paying for a Nazi's Retirement [or Are You?]

    21 Oct 2014 | 12:15 pm
    Well, that headline isn't entirely accurate. You paid dozens of Nazis and you're still paying at least four of them. According to the Associated Press, "[d]ozens of suspected Nazi war criminals and SS guards collected millions of dollars in U.S. Social Security benefits after being forced out of the United States," due to a "loophole" that the Justice Department used to pressure them to leave. That is, rather than prosecuting or even deporting them, the government told them that if they left voluntarily, they could keep getting Social Security checks. The AP identified at least 38…
  • Good Reason to Kill #17.1: Lost at Beer Pong

    20 Oct 2014 | 10:37 am
    Oh dear. This new example (thanks, Steve) is funnier than the original #17, mainly because nobody died. Had I foreseen that beer pong would be the cause of another potentially life-threatening dispute, I'd probably have waited, but such are the decisions that life presents. Let history judge. This one broke out in Texas (also funnier) although the shooters are said to be from the Cleveland area (funnier still). Exactly what they were doing at this house party—about a mile south of Ames, Texas, which is about two miles east of Liberty, which is east of Dayton, all of which is somewhere…
  • The 2014 Ig Nobel Prizes

    17 Oct 2014 | 3:47 pm
    As long as I'm on the topic of Nobel-Prize-Related Comedy With at Best a Tenuous Connection to Legal Humor (see "Did You Pack This Nobel Prize Yourself?" (Oct. 16)), I should mention this year's Ig Nobel Prize winners, which were announced not long ago. Here's the one with the least tenuous connection: ECONOMICS PRIZE [ITALY]: 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…
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    Ohio Family Law Blog

  • Artemis Center Provides Assistance To Victims Of Domestic Violence

    Anne Shale
    24 Oct 2014 | 11:47 pm
    An Update on Dayton’s Domestic Violence Resource Agency – The Artemis Center in Montgomery County, Ohio As the month of October is Domestic Violence Awareness Month, I chose to update an Ohio Family Law Blog article I had posted six (6) years ago on October 25, 2008.  Click here to read it. On Friday, October 10, 2014, I again travelled to Artemis Center to meet with and interview the new Executive Director, Judy Strnad.  Ms. Strnad is a graduate of DePaul University and received a Master in Social Work degree from the University of Illinois in Chicago. The new Director has over…
  • Same-Sex Marriage Case Declined By U.S. Supreme Court

    Robert L. Mues
    18 Oct 2014 | 12:03 am
    The U.S. Supreme Court’s Refusal to Rule on Same-Sex Marriage Cases has Broad Implications The United States Supreme Court recently declined to take up an issue regarding same-sex marriage.  By declining to take these cases, the court has allowed men and women to have entered into same-sex marriages in eleven states that previously didn’t allow same-sex marriages. By refusing to take up the appeals of these cases, they have in essence upheld the rulings that all allowed same-sex marriage.  Those new eleven states that are now required to recognize and issue same sex marriage…
  • Foster Home Placement For Children: The Psycho-Legal Considerations

    Guest Contributor, Daniel Pollack
    11 Oct 2014 | 12:20 am
    Foster Care Placement For A Child – What Effect Will Other Children In A Foster Home Have? A healthy 3-year-old is placed in a foster home. A month later, a 16-year-old with a history of borderline personality disorder is placed in the same home. Without permission, the 16-year-old decides to give the 3-year-old a bath. Tragically, the 3-year-old drowns. Whatever the exact circumstances, and the foster parents’ behavior and liability aside, was it negligent of the agency initially to place the teenager in the same home as the young child? When a child is placed in a foster home,…
  • Bitcoins and Hiding Assets in a Divorce Action

    Robert L. Mues
    3 Oct 2014 | 10:31 pm
    Protect Your Assets – Talk To A Divorce Attorney To Avoid Being Ripped Off By Bitcoins Concealment Bitcoins are defined as a crypto-currency and are the first of their kind.  Crypto-currency is just a fancy term for “encryption” meaning only authorized parties can read it. This essentially allows individuals to store bitcoins without any link to themselves, drastically differing from bank accounts or stocks. Bitcoins, unlike traditional currencies like the US Dollar, aren’t backed by governments and aren’t influenced by monetary policy. This makes bitcoin more like gold…
  • Divorce During Pendency: Living Separately or Living Together?

    Anne Shale
    26 Sep 2014 | 11:04 pm
    Should Couples Live Separately Or Together Through A Divorce Or Dissolution? – List Of Factors Crucial In Each Case The parties agree the marriage is not working; the decision is made by one of the parties to initiate a divorce proceeding.  Do the parties live separately or together during the pendency of a divorce?  There are many factors to be considered: Finances:  If there is adequate income available to cover the living expenses of two (2) households, it is probably easier and less emotionally draining to live separate and apart while the divorce is taking place.  This…
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    3 Geeks and a Law Blog

  • CanLII Connects – A Canadian Content Success Story in the Making

    23 Oct 2014 | 8:10 am
    It is not often that my role in the world as the Canadian Geek Add-On enables me to write about things happening in the Legal Research world up here, north of the border. But today, I have the honour and privilege to share with all 3 Geeks Readers, who share my interest in technology, law libraries, and access to information about CanLII Connects. I am not the only one who has noticed, and it was recently profiled in the ABA's Legal Rebels cause you know that's how we roll up here. And, Connects, was also featured earlier in the year on Slaw with commentary by Connie Crosby. That…
  • The Next Target

    16 Oct 2014 | 3:00 pm
    Previously I posted on some knowledge gained at the Bridgeway Conference in Nashville. I wanted to add one more item to the list. Jeff Paquin, who now works with Bridgeway, gave a presentation called Legal Department 2050. He started by looking back at the evolution of legal departments and then projected forward on what the future might hold for them. In looking back he noted that since the mid 80's, legal departments have grown substantially. Back then about 5% of the legal budget went to pay the in-house team. A recent report shows this number is now approaching 50%. Quite a bit of this…
  • Listening to Clients

    14 Oct 2014 | 3:00 pm
    Last week I was able to attend the Bridgeway Customer Connective Conference in Nashville. Unlike many of the conferences I attend, this one is directed at clients, not law firms. One of the sessions I attended really got my attention. Pratik Patel and Peter Eilhauer of  Elevate presented on a Practical Data-Driven Roadmap for Spend Management. This was primarily a case study on how one client approached cost control for their outside counsel. Pratik gave an excellent presentation on how the client took a methodical approach to understanding its legal spend by analyzing how and…
  • The Exponential Law Firm - Part 4

    1 Oct 2014 | 5:00 pm
    The following is the final part of a 4 part post expanding on my short introduction to an ILTA session entitled, Do Robot Lawyers Dream of Billable Seconds? If you have not yet listened to the full session (and you have nothing better to do for the next 90 minutes), you should go listen to it now. If you would like to download and read the entire 4-part post you can get it here. What does an Exponential Law Firm that can survive in this type of environment look like? I would be lying if I said I knew for sure, but I think we can look to a number of trends and begin to get a…
  • The Exponential Law Firm - Part 3

    30 Sep 2014 | 5:00 pm
    The following is the 3rd part of a 4 part post expanding on my short introduction to an ILTA session entitled, Do Robot Lawyers Dream of Billable Seconds? If you have not yet listened to the full session (and you have nothing better to do for the next 90 minutes), you should go listen to it now. If you would like to download and read the entire 4-part post you can get it here. What does this mean for legal service delivery? The examples above are not directly comparable to the legal services we provide. I deliberately did that to illustrate the 6 Ds concept before completely…
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    The High-touch Legal Services® Blog...for Startups!

  • What is Successor Liability and Why Should I Care?

    21 Oct 2014 | 3:54 pm
    This post about successor liability is prompted by a question that I answered recently on Quora. (See Can I dissolve my corporation and transfer its website to my personal ownership?) The following is oriented somewhat toward California law, but similar considerations likely apply in other states. When Successor Liability Typically Arises Let’s assume that you want to buy an existing business. If your entity purchases the selling entity’s equity interest (corporate shares or LLC membership interests) or merges with that entity, your entity generally will be liable for the…
  • Good Faith and Fair Dealing – Part of Every California Contract

    16 Oct 2014 | 6:00 pm
    This post discusses and explains the covenant of good faith and fair dealing. For decades, courts have held that this covenant is implied in every California contract. Purpose of Good Faith and Fair Dealing In 1942, the California Supreme Court stated that “in every contract there exists an implied covenant of good faith and fair dealing.” The intent of this covenant is that “neither party shall do anything which will have the effect of destroying or injuring the right of the other party to receive the fruits of the contract“. (Universal Sales Corporation v. California…
  • Under RULLCA Operating Agreements Have Limits

    9 Oct 2014 | 4:41 pm
    At the beginning of this year, the California Revised Uniform Limited Liability Company Act (RULLCA) took effect. (See RULLCA Brings New LLC Laws to California in 2014.) This post discusses how under RULLCA operating agreements for LLCs have a wide variety of limits. RULLCA operating agreements‘ limits are addressed in Corporations Code Section 17701.10. Unfortunately, that section’s discussion of mandatory provisions is pretty difficult to understand for the following reasons. It is quite long and includes three levels of subsections. It rarely makes points directly. Instead, it…
  • How to Perfect an Intellectual Property Security Interest

    6 Oct 2014 | 1:44 pm
    Copyright Office Document Cover Sheet Last week I explained what a security interest is and how it can be perfected, i.e., made effective against third parties. (See What is a Security Interest, and Why Should I Care?) This post discusses how to perfect an intellectual property security interest. To recap, a security interest is an interest in an asset (the “collateral”) intended to secure performance of an obligation. Typically, that obligation is payment of a debt. Perfection typically consists of filing, with one of more secretaries of state, documents that identify the debtor,…
  • What is a Security Interest, and Why Should I Care?

    1 Oct 2014 | 4:19 pm
    Form UCC-1 This post explains what a security interest is, how it is used, and why it is significant. A security interest is an interest in an asset that is intended to secure performance of an obligation. Typically, the obligation that is secured is payment of a debt. Terminology: The person who owes money is called the debtor. The person to whom money is owed is the creditor. Many of us grant a security interest when we buy a house. In exchange for providing money for the purchase, the lender receives a mortgage (or, in California, a deed of trust). This is a type of security interest.
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    Gamso - For the Defense

  • On the Lawyer Who Should Hang His Head in Shame

    22 Oct 2014 | 8:10 pm
    On November 7, 2011, counsel for Gilbert filed a no-error brief pursuant to Anders v.California, 386 U.S. 738, 87 S.Ct. 1396 (1967). On March 30, 2012, the majority ordered briefing on the issues of whether the trial court had the authority to grant the state's motion to vacate the plea. State v. Gilbert, lst Dist. No. C-110382, 2012-Ohio-1366.That's from the prosecutor's memorandum urging the Supreme Court of Ohio to hear its appeal in State v. Gilbert.Which the court did.  And Monday, in a 5-2 decision, the court affirmed the court of appeals.  Here's the Cliff's Notes…
  • Stonecatcher

    20 Oct 2014 | 10:58 pm
    So when they continued asking him, he lifted up himself, and said unto them, He that is without sin among you, let him first cast a stone at her.John 8:7 (King James Version)The scene: A courthouse hallway in New OrleansThe cast:The narrator:  A lawyer who'd just won the release of two men who've spent decades in prison for crimes they committed as childrenAn "older black woman" who'd been in the courtroom when one of those men  was ordered releasedThe story:I thought I'd seen her each time I'd come to the courthouse in New Orleans.  I assumed that she was related or connected…
  • Dissing the Heinous Crime Rule

    10 Oct 2014 | 5:02 am
    I'm at a gathering of criminal defense lawyers which just naturally gets me thinking about what criminal defense lawyers do.  And no, I'm not wading back into that thicket today, though if you're remarkably bored you can search the archives for a string of posts in the Who-We-Are-and-What-We-Do series.  Anyhow, this is just an opening (you gotta start somewhere) to get to the simple point (which is itself a set-up for where I hope to take this).We represent people charged with and convicted of crimes.  Some of the crimes are crimes only because the law says so.  (See…
  • Stopping the Innocent: SCOTUS Edition

    6 Oct 2014 | 9:30 pm
    Well, there -- wholly innocent people are stopped quite often because of mistakes of fact, for instance.  That's part of the whole Terry ­­ how Terry works and those types of brief stops.  There turns out times that citizens have not committed any kind of offense, and yet they are stopped.Robert C. Montgomery, Senior Deputy North Carolina Attorney General, oral argument, Heien v. North Carolina.It was at the U.S. Supreme Court Monday morning, the first Monday in October.  Montgomery was trying to answer a question from Justice Sotomayor who wondered just how many folks…
  • The Divine Right of the NSA

    4 Oct 2014 | 7:47 am
    Even if the Court were to conclude that Plaintiffs have presented sufficient admissible evidence of facts, which, if true, would demonstrate that Upstream collection involves a Fourth Amendment seizure or search of Plaintiffs’ communications, and that the minimal intrusion upon Plaintiffs’ possessory and privacy interests is not far outweighed by Upstream collection’s promotion of the Government’s compelling interest in national security, then the Government, in the alternative, would still be entitled to summary judgment on Plaintiffs’ Fourth…
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    Technically Legal

  • “Program Recognition Device” Triggers Means-Plus-Function Analysis

    Ben Snitkoff
    14 Oct 2014 | 12:04 pm
    Patent laws in the US have long allowed inventors to claim their invention using “means-plus-function” language. But, for the last two-decades or so it has generally been a bad idea to do so. Means-plus-function language allows you to describe your invention using functional language: “a means for lifting a bar” or “a means for receiving a phone call.” If an inventor uses this language she is limited in what the claims cover to any corresponding structures in the disclosure of your patent. If she is claiming the means for lifting a bar, and only discloses a…
  • Do You Believe In Magic?

    Ben Snitkoff
    8 Oct 2014 | 7:30 am
    Teller, of Penn & Teller, recently won a resounding victory in Federal District Court in Nevada. This case has stretched on for about two years, due mostly to the foreign defendant avoiding participation in the case, and representing himself. In 2012, Defendant Gerard Dogge posted a video on YouTube showing an improved version of Teller’s famous Shadows illusion (seen here with commentary). The improved routine consisted of the same effect, with nearly identical staging and progression. The main differences were that a clear vase was used, and water was poured from the vase after…
  • The Lighter Side of Patents

    Ben Snitkoff
    25 Sep 2014 | 4:35 pm
    Every once in a great while you come across a patent opinion that contains a little whimsy (not for the losing party, but for everyone else). Today was one of those days. In 2010, two inventors filed for a utility patent on a cover for a propane tank to be used during tailgating. Why, you ask, for such a specific purpose? Because it looked like this. The Patent and Trademark Office rejected the claims as obvious over prior art that included chemical tanks and a decorative beer koozie, as reproduced below. The inventors appealed, and the Federal Circuit affirmed. The court held that the…
  • 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…
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    Rochester Bankruptcy and Debt Relief

  • Bankruptcy and Judgments

    28 Sep 2014 | 7:57 pm
    One of the issues that periodically concerns my clients is the one of removing filed judgments after receiving bankruptcy discharge. Initially, filing for Chapter 7 bankruptcy won’t remove a judgment that has been already filed. Whether or not the debtor will need to remove it after receiving a discharge in either Chapter 7 or Chapter 13 Bankruptcy depends on each individual situation. When a debtor files for Chapter 7 bankruptcy, that debtor is trying to remove his or her personal liability for repayment of certain debts. If a creditor sued the debtor and obtained a judgment before the…
  • Banking After Bankruptcy

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

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

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

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

  • Ebola worries? Fear-bola? Who do you believe?

    Rita Handrich
    24 Oct 2014 | 4:02 am
    Earlier this month I was on a Wi-Fi and Cable TV enabled flight. Passengers thought it very funny that two of the shows accessible on the cable TV channels were on plane crashes and jetliner engine failures. Well, some of the passengers thought it was funny. I was fortunate enough to be in the window seat while an over-sized traveler was in the middle seat and a man with a horrific and very productive cough (thank you very much!) was in the aisle seat. He hacked and hacked and hacked during our 6 hour flight and at one point, I looked at the middle seat passenger and whispered “ebola”. It…
  • Changing American Attitudes: Gay/Lesbian Issues

    Douglas Keene
    22 Oct 2014 | 4:02 am
    Recently, Governor Jerry Brown of California signed AB2501 banning the “gay panic” defense in California. The story in the Visalia Times-Delta says, Californians cannot claim in court that they were “acting from panic or passion when they killed someone who they either knew or found out was gay or transgender.  Now they will face the full charges for their crime, just as if they had killed a heterosexual person.  No more “momentary insanity” claims because someone of the same gender (or transgender) made a pass (or you thought they made a pass) at you”. And it isn’t…
  • Morality in everyday life for the religious and the nonreligious

    Rita Handrich
    20 Oct 2014 | 4:02 am
    The researchers recruited a sample of 1,252 adults ranging in age from 18 to 68 years of age who reside in the US and Canada. Each participant completed measures of religiosity and political ideation prior to participation in the actual study. All participants had smartphones and were randomly signaled on their phone for 3 days between 9am and 9pm. “At each signal, participants indicated whether they committed, were the target of, witnessed, or learned about a moral or immoral act within the past hour”. The participants wrote a text back to the researcher describing the event, where it…
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    Karl Bayer's Disputing Blog

  • Federal Judge Orders Google Wallet Consumer Privacy Dispute to Mediation

    Beth Graham
    24 Oct 2014 | 6:40 am
    A federal judge in California has reportedly ordered a consumer privacy dispute that was filed against technology giant Google to mediation. In In re: Google Inc. Privacy Policy Litigation, No. 5:12-CV-01382, a group of Google Wallet users filed a class action lawsuit against the company over changes that were made to its privacy policy in March 2012. According to the consumers, the revised privacy policy allowed Google to aggregate data that was collected about customers through a variety of Google products in order to generate marketing profiles. The information, which included consumer…
  • Fifth Circuit Holds Court Must Decide Issue of Arbitrability in Labor Contract Dispute

    Beth Graham
    23 Oct 2014 | 8:18 am
    The United States Court of Appeals for the Fifth Circuit has reversed a district court’s order allowing an arbitrator to determine the issue of arbitrability in a labor contract dispute. In Houston Refining, L.P. v. United Steel, Paper and Forestry, Rubber, Mfg., No. 13-20384 (August 25, 2014), a company, Houston Refining, filed for bankruptcy. Not long after, the company stopped matching its workers’ contributions to their personal 401(k) retirement accounts. Houston Refining then entered into a settlement agreement with the United Steel, Paper and Forestry, Rubber, Manufacturing,…
  • Houston COA Overturns Harris County Court Decision Confirming Arbitral Award Without Rendering Final Judgment

    Beth Graham
    22 Oct 2014 | 8:34 am
    The Fourteenth District Court of Appeals in Houston has reversed a lower court’s decision confirming an arbitral award without rendering a final judgment. In Leslie v. Hill, No. 14-13-00600-CV (October 16, 2014), two individuals, the Hills, entered into a contract to purchase a majority interest a company from Robert Leslie in 2007. A provision in the agreement stated all disputes related to the purchase contract would be decided through binding arbitration in Louisiana. The arbitral provision also stated the prevailing party would be entitled to recover reasonable legal fees. Eventually,…
  • Houston COA Orders Arbitration After Man Ratifies Procedurally Unconscionable Agreement

    Beth Graham
    21 Oct 2014 | 7:15 am
    Texas’ Fourteenth District Court of Appeals in Houston has overturned a trial court’s order denying a party’s motion to compel arbitration. In Mission Petroleum Carriers, Inc. v. Kelley, No. 14-14-00072-CV (October 9, 2014), a man, Kelley, was hospitalized over the injuries he sustained in a workplace tractor-trailer accident. While still hospitalized and receiving a narcotic pain killer, a representative for Kelley’s employer, Mission, asked him to sign paperwork authorizing his participation in a Health and Safety Plan (“H & S Plan”) offered by the company. The plan provides…
  • A Fair Fight: Professional Guidelines in International Arbitration

    Beth Graham
    20 Oct 2014 | 5:48 am
    Professor William W. Park, R. Gordon Butler Scholar in International Law at the Boston University School of Law has published a thoughtful article entitled, A Fair Fight: Professional Guidelines in International Arbitration, Forthcoming, 30 Arbitration International 409 (2014); Boston Univ. School of Law, Public Law Research Paper No. 14-53. In his article, Professor Park examines the recently adopted arbitral guidelines and rules created by the International Bar Association and the London Court of International Arbitration. Here is the abstract: Depending on context and content, a regulatory…
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    South Florida Lawyers

  • SFL Friday -- Bring the Pain!

    South Florida Lawyers
    24 Oct 2014 | 8:23 am
    Hi kids, here's what is sloshing around in my noggin this am:1.  Free candy handouts to poor people -- this Obama guy never quits!2.  How do you get the Governor to show for a deposition -- hold a fundraiser:Attorney Steven R. Andrews was prepared to put the governor under oath in Tallahassee, but Scott's communications director, Frank Collins, said Thursday that "there is not going to be a deposition tomorrow." Scott's lawyers asked the judge to quash the deposition but, as of late Thursday, they hadn't received an answer.Scott is instead expected to attend a fundraiser at the…
  • Laurence Leavy: The Marlins Man!

    South Florida Lawyers
    23 Oct 2014 | 8:06 am
    I had forgotten we're in the middle of a World Series, but then the Herald reminded me with this photo:I love this guy!Apparently he's a Broward workers' comp attorney named Laurence Leavy.He's done more with this gesture to promote the Marlins and create good will in this community than that entire organization has ever done in its history.The Sun-Sentinel has more:Laurence Leavy is a 58-year-old lawyer with an office in Davie and a lot of spare money to travel to sports events. Super Bowls. Horse races. If you cull the internet, he's wearing his orange Marlins jersey in a sea of white at…
  • Cash Party!

    22 Oct 2014 | 3:49 pm
    Pam: "Oh Rickey, can't we execute on another night? The girls are having a party. A cash party!"Rick Scott's impression of a mammal is near spot on.
  • 3d DCA Watch -- This Actually (Did Not) Happen!

    South Florida Lawyers
    22 Oct 2014 | 8:46 am
    Here's an actual exchange between an unnamed bunkerite and a loyal law clerk: Judge:  Where is everybody?  The bus for Schnedbly's leaves in two minutes!  We can't be late!Clerk:  Your Most Honorable, Resplendently Robed One Who Speaketh in Gravest Tones, they are busy writing important opinions on sophisticated and complex legal matters so that lawyers and the public can learn and be guided by your wisdom.Judge:  Pshaw!  Hand me my Royal iPad!(types furiously)"Affirmed.  See random case."(hits copy and presses cursor repeatedly)Done!Now get on the bus --…
  • Spencer on Mediation!

    South Florida Lawyers
    21 Oct 2014 | 10:36 am
    "The first thing you do, is to try to dress like Nucky Thompson."Of course I kid -- here he offers good advice to those unfamiliar with the legal process.Nice to see him back!
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    eLessons Learned

  • To Shred or Not To Shred

    22 Oct 2014 | 6:00 am
    “Follow the document policy!” Those were the words repeated many a time by Arthur Anderson to Enron’s employees during the pending SEC investigation. Those simple words led to a jury’s finding Anderson guilty of witness tampering through the act of persuading his employees to destroy relevant documents. The jury found Anderson guilty of violating 18 U.S.C. [...]
  • Defendant’s “Hands-Off” Approach Insufficient; Sanctions Ordered

    17 Oct 2014 | 10:48 am
    In this case, Peerless Industries, Inc.  sued defendants Crimson AV, LLC claiming patent infringement and design patent infringement arising out of defendant’s manufacture and sale of certain TV mounts. While not a defending party, Sycamore Manufacturing Co., Ltd. (“Sycamore”) is plaintiff’s former supplier of these TV mounts and played a vital role in the alleged [...]
  • New Age Technology: Brazilian and U.S. Courts “Scraping” the Surface of Legal Boundaries of Internet Use

    15 Oct 2014 | 2:49 pm
    This Article was originally published with Bloomberg Law Reports on November 9, 2011. The Internet has afforded anyone, anywhere, a wealth of information at one’s fingertips. Within the current and ever­expanding age of technology, Brazilian- and U.S.-based courts continue to draw legal boundaries within a seemingly boundless cyberspace. The boundlessness of the Internet, and its [...]
  • Does a Litigation Hold Require the Preservation of Employee Text Messages? Big Problems in Little Packages: Lost Cell Phone Leads to Spoliation Sanctions

    10 Oct 2014 | 6:00 am
    Big things can often come in small packages, especially in the field of eDiscovery.  In Christou v. Beatport, LLC, the defendants learned that something as small as a text message on a lost cell phone can lead to a bevy of headache-inducing preservation issues, even without proof that the lost texts actually contained relevant information. [...]
  • Think Plaintiffs Have All the Leverage? Not If They Spoliate.

    8 Oct 2014 | 6:00 am
    Individual plaintiffs often exert settlement leverage against corporate defendants because, irrespective of the merits of the suit, the prospective costs of litigation coerce early settlement.  Therefore, an individual plaintiff often has nothing to lose.  Even if a plaintiff’s suit is meritless, often times the worst case scenario faced is dismissal of the suit.  Additionally, where [...]
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    Compliance Building

  • Weekend Reading: Countdown to Zero Day

    Doug Cornelius
    25 Oct 2014 | 6:00 am
    We were in a cyber war with Iran. Kim Zetter unravels the story of Stuxnet, the US computer attack on Iran’s nuclear program in Countdown to Zero Day. A few months ago, I read A Time to Attack urging a US military attack on Iran. That book highlighted how Iran had been building a nuclear program for several years. That included several years of centrifuges spinning to extract enriched uranium. It has taken so long to extract uranium because, according to Zetter, the United States has been running a sophisticated attack on the computer systems that run those centrifuges. The United…
  • Compliance Bricks and Mortar for October 24

    Doug Cornelius
    24 Oct 2014 | 5:00 am
    These are some of the compliance-related stories that recently caught my attention. SEC Charges Athena Capital in First HFT Case in the Corporate Crime Reporter The Securities and Exchange Commission (SEC) has sanctioned a New York City-based high frequency trading firm for placing a large number of aggressive, rapid-fire trades in the final two seconds of almost every trading day during a six-month period to manipulate the closing prices of thousands of NASDAQ-listed stocks. Why High-Frequency Trading Is So Hard to Regulate by Peter J. Henning in DealBook The challenge in pursuing charges…
  • Fighting Against the SEC’s Administrative Hearings

    Doug Cornelius
    23 Oct 2014 | 5:00 am
    Prior to the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Securities and Exchange Commission’s authority to impose penalties in a case brought as an administrative proceeding was restricted to regulated entities. The SEC could not impose a significant civil penalty in an administrative proceeding. That limited administrative proceedings to cease-and-desist proceedings against broker-dealers, investment advisers, and mutual funds. The alternative to the administrative brought before an SEC administrative law judge was a lawsuit brought in federal court. Dodd-Frank changed…
  • Association for Corporate Growth’s Compliance & Regulatory Survey

    Doug Cornelius
    22 Oct 2014 | 5:00 am
    The Association for Corporate Growth released a report identifying the top compliance and regulatory concerns impacting small and midsize private equity firms. The results are unsurprising, but reinforce concerns. The top five regulatory issues were found to be: SEC Examinations (75%) Investment Adviser Act Compliance (66%) Valuation Issues (58%) General Solicitation rules (54%) Legislation (tax reform, carried interest) (50%) Allocation of Fees and Expenses (50%) The Investment Adviser Act compliance item included custody, recordkeeping and reporting. I’m not sure if that includes…
  • Compliance and Ebola

    Doug Cornelius
    21 Oct 2014 | 6:56 am
    There is clearly an Ebola scare happening in the United States. It’s a nasty disease and that has attracted widespread media attention. Is there anything your compliance team should do about Ebola? I’ll assume that your firm does not have operations or personnel in West Africa. If it does, then yes, you should be concerned about Ebola and contacting professionals. For the rest of us, there is little to worry about. There have been three confirmed cases of Ebola in the United States and one death. Those are tragic. But very small. If your compliance program is so robust that you…
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    Simmons Firm

  • The Simmons Hanly Conroy Shareholders: Part 1

    Simmons Hanly Conroy
    21 Oct 2014 | 6:00 am
    Earlier this summer, the Simmons Firm announced it’s merging with Hanly Conroy Bierstein Sheridan Fisher & Hayes LLP to become the now Simmons Hanly Conroy, effective on July 1. Not only did the merger mean an additional office in New York, it also meant the addition of numerous shareholders and attorneys with experience, dedication and a passion for helping people. But who are these shareholders who now make up Simmons Hanly Conroy? Let’s take a closer look at the people behind our dedicated law firm: John Simmons John founded the Simmons Firm in 1999 and has overseen some of the…
  • Giving Back: Simmons Hanly Conroy and the National Park Trust

    Perry J. Browder
    20 Oct 2014 | 7:54 am
    Some people are aware of the nearly $20 million Simmons Hanly Conroy has donated to cancer research, as well as its support of mesothelioma organizations like the Meso Applied Research Foundation. But did you know that Simmons also supports other organizations across the country, like the National Park Trust? For the past few years, Simmons Hanly Conroy has made a financial donation to NPT in honor of Bruce A. Vento, a senator who died of mesothelioma in 2000 at the age of 60. This organization is dedicated to park conservation across the United States, as well as educating young Americans on…
  • Famous Mesothelioma Deaths: Warren Zevon

    Michael J. Angelides
    13 Oct 2014 | 11:35 am
    Born in January 1947, rock singer Warren Zevon was best known for his sardonic wit and dark humored songs. This famously outlandish star died from mesothelioma, a lung cancer from asbestos exposure. Some of his best known songs include “Werewolves of London”, “Roland the Headless Thompson Gunner” and “Johnny Strikes Up the Band.” Son of a Russian-Jewish gangster and a frail Mormon mother, Zevon’s love of music began with studying classical piano as a child. Although classical music served as a starting point, by the time Zevon was performing in Los Angeles, his music had taken…
  • 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…
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    Texas Wills and Trusts Law Online

  • Would You Choose Physician-Assisted Suicide If You Had A Terminal Illness?

    Rania Combs
    24 Oct 2014 | 7:30 am
    While standing in line at the grocery store a few days ago, the cover of People magazine caught my eye. It was a photograph of Brittany Maynard, a 29 year-old woman with terminal brain cancer who has made a controversial choice to take her own life on November 1 of this year under Oregon’s physician-assisted suicide laws. Brittany Maynard’s condition was discovered after she sought treatment for debilitating headaches last year. Initially, doctors believed she was experiencing migraines, but a brain scan confirmed the worst – she had terminal brain cancer. She had surgery to remove part…
  • Who Are My Heirs If I Am Single And Die Without A Will?

    Rania Combs
    17 Oct 2014 | 11:00 am
    I explained last week that an heir is a person who will inherit your property by virtue of a state’s intestacy laws if you die without a Will. The Texas intestacy statutes are essentially a Will that the state of Texas writes for you. They are rigid and inflexible and do not take into account your unique circumstances. If you are single and die without a Will, the identity of your heirs will depend on whether you are survived by descendants, parents, siblings or other relatives. If you are survived by descendants, your heirs will be your descendants. For example, if you are survived by…
  • Is There A Difference Between A Beneficiary And An Heir?

    Rania Combs
    10 Oct 2014 | 7:30 am
    The words “Beneficiary” and “Heir” are often used interchangeably, but each word has a very specific legal definition. A beneficiary is someone who benefits from the transfer of property, such as by a Will or a Trust. A beneficiary can even be the person who transfers the property. For example, in the case of a Revocable Trust, the grantor (the person who creates the trust and transfers the property to the Trust) is also the beneficiary. An heir, on the other hand, is a person who inherits when there is no Will or Trust by virtue of a state’s intestacy laws. Each state has specific…
  • What Are You Waiting For? The Blessing of Planning Ahead

    Rania Combs
    26 Sep 2014 | 7:00 am
    Most of my clients are healthy when they contact me. Estate planning is something in which they are engaging as a precautionary measure rather than because they expect to die within a short amount of time. But not always. Occasionally, clients contact me after they’ve been diagnosed with a serious illness when emotions are high and death may be imminent. I spoke to three new clients this week, two men and one woman, who were recently diagnosed with cancer. They’ve been told to make final preparations.  They need their estate planning done now. Making important legal and financial…
  • Tips for Designating IRA Beneficiaries

    Rania Combs
    19 Sep 2014 | 7:00 am
    Wendy S. Goffe wrote a great guest article on 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…
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  • When is a GOP candidate like a wedding dress?

    Dave Wieneke
    21 Oct 2014 | 1:58 pm
    Its the point in the election cycle when a campaign grabs-on to some kind of creative work to be more culturally relevant. You know, like “America should be more like the Waltons and less like the Simpsons”. Or when the McCain, Crist and DeVore campaigns grabbed music from Jackson Browne, David Byrne, and Don Henley sans licenses. The College Republican National Committee created a series of television ads (see six of them here) to help candidates in a string of races be “culturally relevant” to younger and female voters. The hook, a cocktail of wedding dresses and reality TV…
  • Digital Innovation Puts Us All In the Software Business

    Dave Wieneke
    29 Sep 2014 | 3:53 am
    Guess what? You’re not in the business you think you’re in. I don’t mean this like one of those these-are-not-the-droids-you-are-looking-for Jedi mind-tricks but as a statement of fact. No matter what else you may do, if you rely on digital technology – and who doesn’t – then you are in the software business too. Doubt it? Consider how your company does what it does. At how many points do your business functions pass through digital channels? It doesn’t matter if it’s back office, customer-facing, supply chain management or whatever, the answer is either “a lot” or…
  • 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…
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    A Connecticut Law Blog

  • Attorney Ryan McKeen Speaking To UConn Law Class

    Ryan McKeen
    30 Sep 2014 | 5:57 pm
    Eighteen years ago, on October 1, 1996, REM’s “Monster” tour rolled into Hartford’s Meadows Music theater.  Opening for REM that evening was a far lesser known band called Radiohead. On that warm early fall evening, I bought my first concert shirt. The shirt was a drawing of a bear in the woods with a question mark over its head. Below the picture was the following quote: I had nothing to offer anybody except my own confusion. – Jack Kerouac If I still had the shirt, I’d wear it to UConn Law School on Wednesday night.  I’m serving on a panel of…
  • 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…
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    Legally India - News for Lawyers

  • RTI replies to be uploaded online (with applicants’ personal details)

    22 Oct 2014 | 11:42 pm
    All central ministries and departments will mandatorily upload on their website their replies to Right to Information (RTI) requests from 31 October, to comply with yesterday’s directive issued by the Department of Personnel and Training (DPT), reported the Economic Times and others. Currently the government replies to individual RTI applicants by post, either providing them the requested information in paper or in electronic form, or asking the applicant to inspect relevant documents at the government department’s premises, or rejecting the request. Applicants often publish their…
  • Nalsar appoints Prof Balakista Reddy as registrar to replace Assam-bound Vijender Kumar

    22 Oct 2014 | 5:41 am
    Nalsar Hyderabad has appointed Prof (Dr) Balakista Reddy as its registrar on 18 October, replacing Prof Vijender Kumar who took up NLUJAA Guwahati’s vice chancellorship. Reddy is the college’s head of the centre for air and space law, the course coordinator for the international trade and business laws LLM, and the coordinator of the MK Nambyar SAARCLAW Centre.
  • JSA, AZB act on Dascher’s buy of Dascher India from Indian JV partner AFL

    22 Oct 2014 | 3:48 am
    J Sagar Associates (JSA) advised German shipping and logistics provider Dachser in acquiring 50 per cent shares of Dachser India from its local joint venture partner the AFL Group which was advised by AZB & Partners. JSA Bombay M&A partner Sandeep Mehta, senior associate Arup Pereira and associates Punita Gupta and Adil Ladha acted for Dachser. AZB Mumbai partner Abhijit Joshi, senior associate Anand Shah and associate Navroz Vakil acted for the AFL Group. This deal was part of a larger transaction by which Dascher acquired AFL's stake in a separate JV in Thailand and majority stake…
  • Undaunted, Kar HC green-lights Yeddyurappa prosecution over land deals

    21 Oct 2014 | 8:57 am
    The Karnataka high court Tuesday allowed the prosecution of BJP national vice president and former chief minister BS Yeddyurappa and his kin in a case pertaining to the alleged encroachment of forest land in Shimoga district.Setting aside the Shimoga sessions court order that dismissed the case in February for want of sanction from the state government, Justice Anand Byrareddy said the cases could be investigated, as Yeddyurappa was no longer holding a public office.“The high court has permitted Yeddyurappa’s prosecution on the revision petition I filed in March after the sessions…
  • Gautam Khaitan to spend Diwali (& start of November) in jail as ED investigation continues

    21 Oct 2014 | 7:16 am
    A court here today extended till 3 November the judicial custody of OP Khaitan & Co managing partner Gautam Khaitan, who was arrested in a money laundering case related to the AgustaWestland chopper deal.Special judge VK Gupta sent Khaitan to 14 days’ judicial custody after he was produced in court on expiry of his earlier remand.Enforcement Directorate (ED) prosecutor Vikas Garg sought extension of judicial custody of Khaitan submitting that the investigation in the case is still in progress.The court Monday dismissed the bail plea of Khaitan as the probe regarding other accused…
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    Dangerous Drugs & Medical Devices

  • Doctors urge blood testing with Xarelto, despite Bayer’s claim it’s unnecessary

    Jared Fink
    14 Oct 2014 | 1:42 pm
    In recent years, a new anticoagulant drug called Xarelto (rivaroxaban) has been found by the FDA to increase the risk for major bleeding events over other drugs in its class.  And unlike other drugs in its class, the manufacturer does not recommend regular blood testing, a simple procedure which can lower the risk for major bleeding events by 40%.  Here, we discuss one piece of research titled “New oral anticoagulants in the treatment of acute venous thromboembolism – a systematic review with indirect comparisons.” on risks associated with Xarelto by an Austrian research team,…
  • Xarelto lawsuits cite studies indicating higher risk for bleeding than Bayer reports

    Jared Fink
    10 Oct 2014 | 2:19 pm
    Titled “The potential role of anticoagulant therapy for the secondary prevention of ischemic events post-acute coronary syndrome”, a piece by A.C. Camuglia et al. (published in Current Medical Research and Opinion – August, 2014) from Royal Brisbane and Women’s Hospital and the University of Queensland (Queensland , Australia) reviews the safety of an anticoagulant drug called Xarelto.  Recently, a number of studies have indicated that this blood thinner carries a higher risk for major bleeding events than others in its class. The team writes, “The use of dual antiplatelet…
  • Study shows Xarelto carries higher risk for bleeding than industry standard

    Jared Fink
    10 Oct 2014 | 1:20 pm
    Here, we discuss a study titled “Clinical characteristics and outcomes with rivaroxaban vs. warfarin in patients with non-valvular atrial fibrillation but underlying native mitral and aortic valve disease participating in the ROCKET AF trial.”, published in European Heart Journal this year by G. Breithardt and a team of German researchers.  This study aimed to further evaluate the safety of Xarelto (rivaroxaban), an anticoagulant drug linked to increased risk for major bleeding events. [Click here to read safety communications regarding Xarelto from the FDA] The team writes, “Among 14…
  • 2014 – Researchers Cite Xarelto Bleeding Risk

    Jared Fink
    8 Oct 2014 | 12:48 pm
    Recently, studies have shown that the anticoagulant drug Xarelto (rivaroxaban) is linked to a dramatically increased risk for major bleeding events compared to other drugs in its class.  Here, we discuss one such piece of research, titled “New oral anticoagulants in acute coronary syndrome: is there any advantage over existing treatments?”, published in the September, 2014 edition of International Cardiovascular Research Journal by a team of Italian researchers led by A. Messori. This team states that their study “re-examined the studies published thus far on this topic to evaluate the…
  • 2014 – More Research Shows Xarelto Linked to Major Bleeding Events

    Jared Fink
    8 Oct 2014 | 12:48 pm
    In recent years, a number of studies have shown that the anticoagulant drug Xarelto (rivaroxaban) is linked to increased risk for major bleeding events.  Here, we discuss one such study, titled, “Anticoagulant-related gastrointestinal bleeding-could this facilitate early detection of benign or malignant gastrointestinal lesions?” and published in the August, 2014 edition of Annals of Medicine by A. Clemens et al. This team states “The higher incidence of gastrointestinal (GI) bleeding with the non-vitamin K oral anticoagulants (NOACs) may be related to pre-existing malignancies;…
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  • Legal Hackers, LLC, Seeks to Trademark LEGAL HACKERS

    Sam Glover
    23 Oct 2014 | 9:52 pm
    What is Legal Hackers, LLC, you ask? Legal Hackers is a global movement of lawyers, policymakers, technologists, and academics who explore and develop creative solutions to some of the most pressing issues at the intersection of law and technology.Hey, that sounds awesome. But wait: The term “Legal Hackers” is currently pending trademark registration with the USPTO [by Legal Hackers, LLC].Wait, what? That sounds like bullshit. I’m no trademark lawyer, but isn’t legal hackers just a description of a kind of hacker, like family lawyer is just a description of a kind of lawyer? I…
  • Why Are Lawyers So Expensive? I’ll Tell You Why

    Sam Glover
    23 Oct 2014 | 5:18 am
    There is a lot of discussion lately about the need for lower-cost legal fees. This is an important discussion for lawyers to have, but I think it is also important to stop and reflect on why hiring a lawyer is so expensive in the first place.On top of the considerable cost of acquiring a law degree, malpractice insurance, business overhead, etc. — only some of which can be reduced by technology, procedures, and maybe even non-lawyer ownership — I don’t know if the public really appreciates what a lawyer agrees to do for her clients when we sign a retainer. In fact, I think some…
  • The Enigmatic Em Dash

    Matthew Salzwedel
    22 Oct 2014 | 7:11 am
    Knowing how to punctuate properly is essential to good legal writing. Besides the semicolon, though, lawyers probably misunderstand—and as a result misuse—the em dash more than any other punctuation mark. That’s because it’s possible for a lawyer to write for an entire career without ever having to use it.But lawyers who consciously avoid using the em dash forsake an important legal-writing tool. They’re like carpenters who choose to work with rudimentary tools instead of precision instruments. The job gets done; but the result is hardly refined.What’s an em dash?The em dash…
  • Facebook Goes on the Offense on Passwords

    Sam Glover
    21 Oct 2014 | 5:00 am
    Fed up with landing on front pages every time someone gets ahold of some passwords, Facebook has decided to be proactive. Last week, Facebook announced it built a system to monitor “paste” sites commonly used to distribute login credentials or advertise credentials for sale.1When it gets ahold of login credentials, Facebook’s system will check them against its users’ credentials by comparing the hashes.2 If they match, Facebook will alert the user and force a password change.Related“Q: Doesn’t My Password Protect My Computer?”It’s pretty awesome…
  • John Oliver Finds a Way to Put Cameras in the Supreme Court — Sort Of

    Sam Glover
    20 Oct 2014 | 8:46 am
    Don’t watch this unless you want to see Scalia depicted as an actual bulldog, Alito as a poodle, and the court reporter as a chicken.Fire up your video editor, because here is Last Week Tonight‘s raw footage so you can remix the Court’s arguments yourself.
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    New York Personal Injury Law Blog

  • RIP: Prof. David Siegel

    Eric Turkewitz
    10 Oct 2014 | 9:00 am
    Professor David Siegel, from his Albany Law School biography page Calling Professor David Siegel a giant of the New York legal world would not only be a bit trite, but would still be an understatement. His treatise on New York Practice, the bible of New York civil procedure, is a required text for anyone that works in this state’s courts on the civil side and is routinely cited by judges at all levels, both state and federal. He died yesterday. In an obituary at the New York Law Journal, former Chief Justice Judith Kaye is quoted thusly from a 2008 Albany Law School event honoring him:…
  • Loving Your Office

    Eric Turkewitz
    30 Sep 2014 | 9:16 am
    Photo by Chris Petsos Photography. Many more great shots at his site. Click on image above to get there. Lawyers have to make decisions on their offices: Make it nice? Or make it inexpensive? Rarely do the two concepts coincide. We spend a lot of time in our offices.  Other than our homes, this is it. This came to mind when I saw an article in the Sunday real estate section of the Times on my old stomping ground: The Woolworth Building. My office was on the 8th floor, overlooking Broadway (and ticker tape parades) and City Hall Park (and the people who’d shout and scream at Mayor…
  • 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…
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    The Probate Lawyer Blog: Famous Fortune Fights!

  • Could The Amanda Bynes Dilemma Happen In Your Family?

    Danielle & Andy
    20 Oct 2014 | 11:26 am
    The struggles of former child actress, Amanda Bynes, have been well-documented.  She had numerous brushes with the law, including repeated drunk driving and other drug and alcohol-related charges, reported shoplifting attempts, and even more bizarre behavior — such as setting fire to her pants and dousing her dog with gasoline in the driveway of an elderly neighbor.   In 2013, her struggles culminated in guardianship/conservatorship proceedings in California, giving her parents the right to make decisions for her as her conservators.  Amanda lived with her parents for the year, and…
  • Dispute Over Where To Bury Casey Kasem Teaches Lesson

    Danielle & Andy
    7 Oct 2014 | 7:36 am
    The famed American Top 40 Countdown DJ passed away in June, at age 82, with a host of medical problems including advanced Lewy Body dementia.  Now, almost four months later, Casey Kasem’s remains still have not been laid to rest.  It’s a tragic story of a feuding family.  And unfortunately, it’s one that won’t likely end any time soon. Kasem’s wife of more than 30 years, Jean Kasem, wasn’t exactly close with his three adult children from his first marriage.  In fact, Casey’s daughter Kerri Kasem recently said in an interview with Howard Stern that Jean Kasem didn’t like…
  • Tom Clancy Estate In Family Fight Due To Poor Estate Planning

    Danielle & Andy
    30 Sep 2014 | 10:23 am
    Anyone who knows who CIA analyst Jack Ryan is likely appreciates the work of late author Tom Clancy.  Called the "father of the techno-thriller," Clancy's career took off with his first novel, The Hunt for Red October.  His career -- spawning movies such as Patriot Games and Clear and Present Danger -- led to more than 100 million copies of his novels in print, with 17 books hitting the top spot on the New York Times best-seller list.  Tom Clancy passed away on October 1, 2013 from heart failure, at age 66.  He was survived by his widow, Alexandra Clancy, and their young daughter, as well…
  • 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…
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  • Azimuth Check: Giving You the Willies When You’re Well-Off

    22 Oct 2014 | 4:58 am
    It’s October–Halloween time. Time to give you the willies. “I just gave the copy a wet Willy.” Let’s just get straight to the story, via the Mankato Free Press. Armed with two freshly licked fingers, a former Kiester man home on leave from the Air Force thought it would be funny to give the officer the Willies. Riley Louis Swearingen, 24, of Goldsboro, N.C., was getting on the “drunk bus” after the downtown bars closed early Saturday morning when he allegedly licked a finger on each hand and stuck them into the ears of a police sergeant. The officer…
  • Solar Storm Survival Guide

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

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

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

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

  • 4 Ways to Protect Your Intellectual Property

    8 Oct 2014 | 11:54 am
    In the United States, there are four principal ways in which a person or business can protect intellectual property, however, not all types of protection are available for all property types. The infographic below briefly describes each of the four (4) principal types of intellectual property protection, namely patent, trademark, copyright, and trade secret, along with some of the benefits and advantages associated with each type of protection.  If you are interested in posting the infographic above to your site, please contact us via the form below. This brief post is by no means…
  • 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 particular, 'Ice Bucket Challenge' was used with lung cancer fundraising in early July of this summer, which use precedes the date of first use in commerce listed in the trademark filing,…
  • 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…
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  • Keeping your record clean after an arrest for retail theft

    Sami Azhari
    19 Oct 2014 | 11:42 am
    Getting arrested for retail theft can have serious consequences on someone’s future. If someone is caught committing retail theft, they will typically be approached by a loss prevention specialist or an agent of the store after they have completed a purchase of any other items, or walked by the registers without paying. Store agents will wait until the suspect has walked past the registers because they are the “last point of sale,” and the suspect’s last chance to pay for the stolen merchandise. After being approached the defendant will be asked to accompany the store agents to a back…
  • Summary suspension of a driver’s license after DUI arrest: an explanation of Illinois law

    Sami Azhari
    5 Oct 2014 | 12:15 pm
    Getting arrested for a DUI can be a scary ordeal. In most cases, a driver is driving late at night and suddenly pulled over for a traffic violation. Once the police officer approaches the vehicle and detects even a slight odor of an alcoholic beverage, a DUI investigation begins. In all likelihood, once the DUI investigation begins, the officer has already made up his mind as to impaired driving due to bloodshot and glassy eyes, and an odor of alcohol. Once placed under arrest, a driver faces severe penalties of their driving privileges, most of which will depend on whether it is their first…
  • Driving under the influence of alcohol: a summary of Illinois law

    Sami Azhari
    22 Dec 2013 | 8:36 am
    While driving under the influence is a misdemeanor offense, the consequences may be more serious than a felony. This is because a conviction has additional penalties not seen for other crimes. A conviction for DUI results in a revoked driver’s license. And a revoked license can, hypothetically, last forever. The offense of DUI is codified in the Illinois Vehicle Code at 625 ILCS 5/11-501. The statute provides that an individual can be guilty of driving under the influence of alcohol in Illinois in two ways: First, a person is guilty if the alcohol concentration in his blood or breath is…
  • Illinois domestic battery prosecutions: reviewing the law and penalties

    Sami Azhari
    13 Mar 2013 | 1:02 pm
    Domestic battery is one of the most common criminal charges prosecuted in Illinois courts. The number of arrests is so large that most courthouses have a courtroom that is dedicated to hearing these cases only. All courthouses in Cook County have one or more courtrooms dedicated to hearing these cases. For examples, all Chicago arrests for domestic battery are assigned to 555 W. Harrison St, known as the Domestic Violence Courthouse. The building hears the following cases: orders of protection filed where no criminal charges are pending (750 ILCS 60/101 et seq) orders of protection filed…
  • Investigative alerts allow Chicago police to make false arrests without warrants or probable cause

    Sami Azhari
    6 Mar 2013 | 11:17 am
    With the help of local media, the public is learning more about a dubious practice by the Chicago Police Department of making warrantless arrests based on questionable information. The Tribune reported the story of Frank Craig, an Army veteran who sued the City of Chicago for his arrest in 2006. Police officers arrested him inside his residence without a warrant, but justified the arrest on the basis of an ‘investigative alert.’ Craig filed a civil rights lawsuit and reached a settlement with the City of $570,000 in 2011. The use of investigative alerts is legally questionable at…
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    Fashion Law | Fashion Lawyer | Fashion Law Firm |

  • REGISTER for the Upcoming #FashionLaw & The Global Runway Hosted by the Beverly Hills Bar Association

    6 Oct 2014 | 10:52 am
    Last week Friday, I closed my week with an informational interview from a student interested in knowing all about fashion law. She is just an example of the consistent inquiries I receive about the practice area. Thankfully, more and more events keep coming up that are responsive to the question of ‘what is fashion law’ and ‘what are the latest trends, cases et al. to know?’ Check out details of one such upcoming event below. Cheers, Fashion Law & The Global Runway REGISTER HERE. This program will discuss the latest developments in Fashion Law both domestically and…
  • Buy Your Tickets: United Colors of Fashion 4th Annual Gala, October 8th, 2014 – Paper Dreams: Writing New Runways #Fashionlaw #UCOFGala

    26 Sep 2014 | 5:03 pm
    Hey folks, I hope your week has been great. Mine has been great, busy but blessed. I wanted to bring your attention to this fashion event worth attending, which is produced with the help of some really cool fashion professionals in the business that I know i.e. Michael Palladino, Fashion Professor at LIM College and co-chair of host committee and Funmi Alaiyemola, fashion model. Please see details below and I hope you can make it. Cheers, Uduak “UCOF Annual Gala on October 8th, 2014 – Paper Dreams: Writing New Runways. Event: United Colors of Fashion (UCOF) is asking you to help…
  • #FashionLaw Attorney Uduak Oduok Featured on

    18 Sep 2014 | 4:27 am
    Hey folks, I was recently featured on 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. Cheers, Uduak Photocredit: Carrie Hammer
  • Sacramento Fashion Week Now Accepting Submissions for 2015 Presentation

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

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

  • 10 Laws You Should Know If You're in Ohio

    Mark Wilson, Esq.
    25 Oct 2014 | 8:13 am
    Everyone from Ohio knows that "toward the lake" means north, and "toward the river" means south. In Ohio, when someone asks you how far away something is, you respond in minutes, not miles ("it's about 15 minutes from here"), and the University of Michigan is your mortal enemy. When visiting the Buckeye State, if there's one thing you have to know, it's that candy buckeyes are delicious and real buckeyes are poisonous. Oh, and don't forget to keep these 10 laws in mind too: DUI threshold. First of all, it's called "OVI" in Ohio (which stands for Operating a Vehicle Under the Influence), and…
  • How Many Americans Are ID Theft Victims? FindLaw Survey Says...

    Daniel Taylor, Esq.
    24 Oct 2014 | 7:49 am
    How many Americans have been victims of identity theft? According to a new survey, 29 percent of U.S. adults say they've had their identity stolen. What's more, about 10 percent say they've been hit by identity theft twice. Identity theft can include everything from having personal data stolen by a computer virus to the theft of credit cards and IDs from a purse or wallet, and can result in serious damage to a person's finances, credit, and quality of life. What did the survey discover about identity theft victims, and what can you do to protect your own identity? Lost, Stolen…
  • Amending Your Trust: 3 Legal Tips to Consider

    Mark Wilson, Esq.
    23 Oct 2014 | 10:54 am
    Want to amend your trust? As a recent case out of Missouri shows, you may need a few legal tips about how to do it right. The case involved Dr. K.R. Conklin, who hand-wrote some modifications to his trust in 1996. He and his wife were embarking on a cross-country trip, and just in case something happened to them, they wanted to change the distribution of stuff in their trust. Thankfully, Dr. Conklin survived the trip. However, when he eventually died in 2009, a fight ensued between his children -- who were beneficiaries in his original trust -- and his stepchildren, who were named in the…
  • Child Nut Allergies: 3 Legal Tips for Parents

    Daniel Taylor, Esq.
    22 Oct 2014 | 8:18 am
    Today is National Nut Day, a day dedicated to celebrating delicious, nutritious nuts. But for parents of children with severe nut allergies, nuts may not be something to celebrate so much as something to fear. Nut allergies have been on the rise. According to a study published last year in the journal JAMA Pediatrics, the percentage of children suffering from peanut allergies in the United States more than tripled from 1997 to 2010, reports CBS News. In some cases, children with nut allergies who are exposed to even trace amounts of nuts can suffer fatal allergic reactions What can parents of…
  • Are You an Internet 'Troll'? Legal Consequences to Consider

    Mark Wilson, Esq.
    21 Oct 2014 | 2:13 pm
    More than 1 in 4 Americans -- 28 percent, to be exact -- admit to Internet "trolling," according to an online survey conducted by research firm YouGov. Trolling is defined as "malicious online activity" directed at a stranger. Trolls like to argue, harass, or sow discord just because they like the reaction it provokes. Trolls aren't well regarded in the online community, and in fact, contribute to an overall decline in the quality of online discussion and debate. It got so bad on the website for the magazine Popular Science that the editors decided to turn off the ability to comment on…
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    William Carleton, Counselor @ Law

  • Weight as Volume as Displacement of Space

    William Carleton
    22 Oct 2014 | 9:11 pm
    A brilliant, young sculptor has just arrived in Seattle. Her name is Francesca Lohmann. I saw these pieces at the Vignette gallery this evening on Yale Avenue in Capitol Hill. What a talent. The small-scale "sandbags" (I'll call them that; that's not a perfect name) are plaster casts, and it's amazing how the smallest differences in scale totally change what and how they project. The surface of the card table is gelatin, specially designed and installed for this show. A one-night-only show, alas!
  • Changing the rules for who is allowed to invest in startups

    William Carleton
    16 Oct 2014 | 4:53 pm
    By now, you've probably heard that the SEC is considering making changes to the accredited investor definition. The definition is important to entrepreneurs, angel investors, and the startups they work on together, because it defines the standards for who is, and who is not, allowed to invest in startups and private emerging companies. Right now, the standards are financial: if you earned more than $200,000 in each of the last two years ($300,000 in the case of a married couple), and have a reasonable expectation of achieving that income level in the current year, or if you have net…
  • Where I've been

    William Carleton
    25 Jun 2014 | 7:08 pm
    Friends, I want to thank you for all the support you've given this blog over the past three or four years. It's been a good run. Two or three years ago, I started blogging every day, and that was the ticket for making a vibrant community here. This blog became America's number one securities law blog, and number five IP law blog. We sustained that ranking for many months, perhaps well over a year. But my writing muse has taken me in different directions this year. You might say, back to my roots, writing in a manner reminiscent of how I spent my 20s, combined with the influence…
  • The world is not totally fucked up: Exhibit A

    William Carleton
    18 Jun 2014 | 8:12 pm
    Here is Exhibit A for the proposition that the world is not, in fact, totally and completely fucked up: sculpture being readied, as we speak, at Jefferson Park in Seattle. What's more, this public art is to be "skateable." I exchanged nods with the welder, and chatted with another bystander on how beautiful the work is. Imagine the satisfaction of being the person, or one of the persons, who put this sculpture together. Like the satisfaction of a poet who writes a verse that may someday unlock the strictures of another person's self-perception. There is no app for that.
  • If it ain't broke, don't fix it

    William Carleton
    20 May 2014 | 10:13 am
    Incredibly, there are interest groups in the US who are taking advantage of a provision in Dodd-Frank to try to throttle angel investing. For context, see this excellent press release put out today by the Angel Capital Association. Here's the money quote: “'We appreciate the importance of regulation to protect investors from fraud, however regulations need to be focused in areas with a proven need for added oversight.  The angel investment asset class has experienced very little fraud, because angel investors have strong processes for due diligence and investment terms, and…
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    But I do have a law degree...

  • A Few Firsts

    But I Do Have a Law Degree
    24 Oct 2014 | 6:55 am
    1) My first time taking a weekend vacation with my husband in a long, long, long time.  Definitely the first time since I've been a mom of 3.  I have been counting down the days until this weekend getaway to Miami, but yet, as I nursed my baby this morning before I left, I got tears in my eyes. What is with motherhood?  How is it that you can want a break so bad, but then when said break arrives, you are heartbroken to leave?  (Don't worry, I left anyway.)2) My first time blogging from a flight.  Did you know that you can get wi-fi on a plane now?  Is it weird…
  • Four Years Ago You Rocked My World

    But I Do Have a Law Degree
    20 Oct 2014 | 7:03 pm
    Quite literally. I thought I knew what it was going to be like having more than one child.  I was wrong. I thought there was no way I could love anyone as much as your older brother.  I was wrong about that too. Our first months together were HARD.  We both struggled.  We both lost a lot of sleep.  We both cried.  A lot. And then we bonded.  Big time.  And before I knew it, I couldn't imagine a time when you weren't there.  It's as if I had known you forever.  As if you had been here all along. I fell in love hard. And the awesome thing is…
  • Why did YOU leave?

    But I Do Have a Law Degree
    6 Oct 2014 | 5:59 pm
    My very first post on this blog, a whole three and a half years ago (holy crap, that's crazy), was devoted to why I left a big law firm to stay at home with my kids.  (You can find it by clicking here). It was picked up by Above the Law, a legal news site/blog, which is why people actually started reading this blog.  It's still my second most popular post (behind my post on why lawyers are so miserable, which, who knew, is a very popular google term).  I occasionally reread my introductory post myself.  I'm not sure why.  I suppose it's a reminder as to…
  • Clinical Trials and Emotional Tribulations

    But I Do Have a Law Degree
    2 Oct 2014 | 7:38 am
    For the past two weeks, I have been living, breathing, eating, sleeping, and existing in all things food allergies. I don't know quite where to start. I guess the beginning. A little over a year ago I wrote a post about how my son, Casey had been diagnosed with a peanut allergy.  (He has a RAST score of over 100 - the highest you can get.)  I haven't really mentioned it since.  In part because it's not always on the forefront of my mind, and in part because I didn't think it's the kind of thing that people want to read about. But it has become part of our daily lives and…
  • 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…
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    Profit and Laws

  • This Cheat Sheet Will Make You Win Every Climate Argument

    Phil Fahim
    9 Oct 2014 | 7:00 pm
    We’ve all had conversations with people who don’t believe the “hype” about climate change. Some people think it’s a liberal invention to make the government bigger and impose more regulations on big business. Other people just think scientists don’t have anything better to do than make stuff up about how the world is changing. Either […] The post This Cheat Sheet Will Make You Win Every Climate Argument appeared first on Profit and Laws.
  • I’ve Read the Government’s Arguments to Screw Amazon Workers and I’m Furious

    9 Oct 2014 | 6:08 pm
    There’s a monumental case at the Supreme Court that has got me obsessed, bewitched, enraged and mildly despondent. Technically, it’s called Integrity Staffing v. Busk. It actually is Amazon v. Amazon’s warehouse workers. (Integrity Staffing is the subcontractor stooge hired by Amazon to employ its warehouse workers). After Amazon workers finish a 12 hour shift […] The post I’ve Read the Government’s Arguments to Screw Amazon Workers and I’m Furious appeared first on Profit and Laws.
  • Chobani and Dov Seidman Wrestle Over Use of ‘How’ Trademark

    8 Oct 2014 | 6:50 pm
    I predict this is going to end badly for Dov Seidman. Seidman, who uses “How Matters” as his content calling card, is suing Chobani yogurt for its new “How Matters” ad campaign. Seidman can win if he can show two things; First, that his trademark is distinctive enough to not be generic or descriptive of the product […] The post Chobani and Dov Seidman Wrestle Over Use of ‘How’ Trademark appeared first on Profit and Laws.
  • Justices Weighing Wages for After-Work Screenings in Amazon Case

    7 Oct 2014 | 6:45 pm
    I’m pretty much obsessed with this case. Amazon – and the companies Amazon hires to deal with its warehouse employees – make its employees go through security screens before they leave work. The employees have to hike up to 20 minutes at the end of their physically brutal shift to get to the security line – then, they often […] The post Justices Weighing Wages for After-Work Screenings in Amazon Case appeared first on Profit and Laws.
  • DARPA’s jetpack will help soldiers run faster, stronger

    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.
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    Virginia Workplace Law

  • Virginia Dept. of Health offers Ebola advice for employers

    Phyllis Katz
    20 Oct 2014 | 6:45 am
     Many employers, particularly health care facilities, are concerned about the spread of Ebola through workplace contact(s).  There has been very little guidance until today.  The following link will connect you to the advice that the Virginia Department of Health has just released.  Before implementing any policy where an individual is excluded from employment (either as an applicant or continuing employment) based the responses to questions similar to those proposed by the VDH, an employer should contact an employment attorney. VDH Guidance on Ebola for Health Care Providers Sands…
  • Pregnancy Guidance Seems to Require Light Duty For All

    Karen Elliott
    16 Jul 2014 | 6:56 am
    The EEOC’s pregnancy discrimination guidance issued July 14 affects more than just the rights of pregnant women in the workplace. Although nominally titled as an enforcement guidance regarding “pregnancy discrimination,”  the guidance potentially reaches beyond pregnant employees to employees with a disability regardless of cause. The EEOC’s guidance holds that impairments related to pregnancy may qualify for accommodation as a disability under the ADA, and if light duty is offered to injured workers, it must also be offered to qualifying pregnant workers as a…
  • Virginia Significantly Raises Worker Misclassification Fines

    Phyllis Katz
    14 Jul 2014 | 9:36 am
    Worker misclassification remains a number one target area for both state and federal review.  On July 1, 2014, the  Virginia Workers Compensation Act (the “VWCA”) significantly increased the civil penalties that the state can impose on a Virginia business owner who has failed to insure a worker who should have been insured.    The civil penalty is now up to $250 per day for each day of noncompliance, subject to a maximum penalty of $50,000, plus collection costs.”  The VWCA requires every business owner with more than two employees (a part-time worker is counted…
  • Are Work Centers Really Unions in Disguise?

    Annemarie Cleary
    18 Jun 2014 | 9:41 am
    Membership in labor unions is at its lowest point in nearly a century. But, that doesn’t mean that workers are not without their champions.  Worker advocacy groups, also known as work centers, have sprung up across the county to aid workers in low-wage industries, such as restaurants, big box retail and agriculture.  Work centers often focus on particular industries or underserved immigrant workers and provide a range of services, including, for example, English as a second language classes.  The Restaurant Opportunities Center (“ROC”), Organization United for Respect at…
  • The employer conundrum over conducting criminal background screens

    Mike DeCamps
    15 May 2014 | 10:46 am
    The war continues over the use of criminal background checks in the hiring process and employers are caught in the middle. A brief history here may be helpful. In April of 2012 the EEOC published its Enforcement Guidance on Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. Although the Guidance is not binding on Employers it unequivocally declared the direction the EEOC was taking in investigating Employers who were allegedly illegally using criminal history in employment decisions and recommended that Employers refrain…
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    The Risk Manager from Sands Anderson

  • SCOVA Refuses to Incorporate Prior Discovery Rulings from Previous Non-suited Action

    Terrence L. Graves
    20 Oct 2014 | 6:50 am
    In Temple v. Mary Washington Hospital, Inc., et al., Record No. 131754 (Sept. 12, 2014), the Supreme Court of Virginia opined on an obscure, yet significant, issue related to the common practice of incorporating discovery by court order in subsequent actions where the plaintiff nonsuited its original action. Jo Ann Knighten Temple, as Administrator of the Estate of Ellis Ethelbert Temple, filed a lawsuit alleging wrongful death and medical malpractice against Mary Washington Hospital, Inc. (“MWH”) and various other defendants.  During discovery, the plaintiff filed two motions to…
  • Harman v. Honeywell International

    Doug Winegardner
    18 Jun 2014 | 6:32 am
    The Supreme Court of Virginia’s recent opinion in Harman v. Honeywell International, Inc., Case No. 130627 (June 5, 2014) contains a wealth of analysis on a number of evidentiary rules that every trial lawyer will likely encounter in his or her career.  This legal alert summarizes each of the Court’s rulings on those issues and discusses the potential impact this may have on insurance defense clients across a variety of industries. This case arises out of a single-engine airplane accident involving a father and son that occurred just outside of Chesterfield, Virginia.  The two…
  • Virginia’s Privity of Contract Defense Continues to Protect Defendants in Economic Loss Cases

    Will Watkins
    18 Jun 2014 | 6:23 am
    I am often told by clients that they are protected from a lawsuit because they have a corporation.  The advice I usually give them is that while the corporate shield is strong it does not protect them if they are negligent and cause injury or damage, even if it is during working hours.  While that advice is still correct, the answer to that question is not so simple in Virginia. Virginia has long held that a party must be in privity of contract to recover for contractual claims.  Privity requires that the party making the claim actually have a contract, whether written or oral, with the…
  • Selective Way Ins. Co. v. Schulle, Western District of Virginia 2/5/14

    Ian Lambeets
    28 Apr 2014 | 10:35 am
    Author:  Sarah Warren Smith The Western District of Virginia reaffirmed the standard for production of information during discovery, as well as the importance of fair mediation, in its recent decision of Selective Way Insurance Co. v. Schulle.  Selective Way filed a declaratory judgment action seeking a determination of its obligation to defend or indemnify its insured, Lake of the Woods Volunteer Fire and Rescue Company, Inc., in a wrongful death action that had been brought by the decedent’s representative.  The underlying wrongful death action resulted from a boating accident…
  • Judge Sets Aside $3 Million Jury Verdict because Expert’s Testimony is Baseless

    Ian Lambeets
    13 Mar 2014 | 12:38 pm
    By: David Boyce Recently, in Cross v. Spears, CL 12-436, a Martinsville Circuit Court judge set aside a 3 million dollar jury award and ordered a new trial based on a ruling that the plaintiff’s toxicologist’s opinion testimony was “totally lacking in scientific factual foundation.”  After attending a NASCAR race in Martinsville, Virginia, the plaintiff, Cross, was struck by a vehicle while crossing a four-lane highway.  At trial, the defendant’s expert toxicologist offered a simple opinion, the plaintiff was drunk.  In support of his opinion the expert…
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    Virginia Local Government Law

  • Seven Attributes of Good Local Government Leadership

    Andrew McRoberts
    22 Oct 2014 | 11:52 am
    As a long-time local government attorney, I have had the opportunity to study local government officials a lot.  Over the years, I have sat on the dais or in the meeting room or in a conference room and examined the traits of elected and appointed local government officials that help and those that hurt.  In this post, I’ll share seven that really help. First attribute:  Be willing to listen. Leaders do not lead in a vacuum.  They lead people.  When you stop listening, you stop learning.  Presumably you lead people you hope will help your local government or governing body or…
  • 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…
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    Law Firm Newswire » Legal News

  • Illinois Cracks Down on Cellphone Use in Cars

    LFN Editor 102KS31
    24 Oct 2014 | 3:00 am
    Chicago, IL (Law Firm Newswire) October 24, 2014 – Illinois state troopers are cracking down on motorists using cellphones in an effort to curb distracted driving, a major cause of car accidents. Statistics from the Illinois State Police show that distracted driving citations in the first half of 2014 increased by 193 percent compared to the same period last year. The crackdown comes after a statewide ban on the use of cellphones went into effect in January. Prior to that, texting while driving was already prohibited statewide, and Chicago and…
  • Austin Oil and Gas Attorney Gregory D. Jordan Comments on Alleged Royalty Fraud Case

    LFN Editor 102KS31
    24 Oct 2014 | 3:00 am
    Austin Oil and Gas Attorney, Gregory D. Jordan Austin, TX (Law Firm Newswire) October 24, 2014 – The Texas Supreme Court has heard arguments in Hooks v. Samson Lone Star, a case of alleged fraud in mineral royalties. The lawsuit concerns an issue of major importance in the Texas oil and gas industry. In the case, plaintiff and landowner Charles Hooks accuses Samson Lone Star, an oil and gas partnership, of withholding royalties. Hooks claims that Samson violated the terms of a lease of his land by drilling another well on adjacent property without paying Hooks additional royalties.
  • Under the FMLA, Employers Have the Right to Ask for Medical Proof

    LFN Editor 102KS31
    24 Oct 2014 | 3:00 am
    Chicago, IL (Law Firm Newswire) October 24, 2014 – The Family and Medical Leave Act (FMLA) is applicable to all state, local and federal government and private employers with at least 50 workers who live within a 75-mile radius. “For employees to be eligible for leave, they must have worked for at least 12 months and 1,250 hours prior to starting leave. Many workers do not know that by law, employers are not required to provide paid sick leave. However, they are in certain situations mandated to permit employees to take up to 12 weeks of unpaid leave,” Timothy Coffey, a Chicago…
  • Texas Lottery Shuts Down Fun 5 Scratch-Off Game Days After Watchdog Asks Court for Deposition

    Law Firm Newswire
    23 Oct 2014 | 10:55 am
    LaGarde Law Firm, P.C. Houston, TX (Law Firm Newswire) October 23, 2014 – The Texas Lottery Commission announced its decision to end the Fun 5’s scratch-off game just five days after a Texas Lottery watchdog asked a Travis County Court for the right to depose the Commission over alleged problems with the game. The move to shut down the game is a major turning point in a controversy that has been gaining momentum. Since the game launched in early September, hundreds of lottery players have complained that official lottery computers had been programmed to deny prizes to some winning Fun…
  • Miscommunication Among Medical Team Results in Man’s Death

    LFN Editor 102KS31
    23 Oct 2014 | 3:00 am
    Sacramento, CA (Law Firm Newswire) October 23, 2014 – In a recent wrongful death case, a series of miscommunications led to a $1.8 million court award. In the spring of 2010, 30-year-old Carl Whitmer of Columbus, Ohio was involved in a serious car accident. Two weeks after the accident, Whitmer underwent facial surgery, but he never woke up after the operation. He passed away one week later. Whitmer’s estate filed court documents pursuing claims of wrongful death. Prior to his surgery, Whitmer had complained of severe headaches. However, his complaint was not checked and he was…
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    The L•E•Jer

  • EEOC’s Current Enforcement Guidance on Pregnancy Discrimination

    Hofstra Labor & Employment Law Journal
    22 Oct 2014 | 7:29 am
    by Neli Kharbedia To emphasize that it is unacceptable for employers to discriminate against their employees based on pregnancy, the Equal Employment Opportunity Commission (EEOC) released enforcement guidance regarding pregnancy discrimination.[1] According to the authorities of the EEOC, because more employees sued and prevailed based on pregnancy discrimination, the EEOC decided to explain employers’ duties […]
  • Women’s Equality: Truth or Illusion?

    Hofstra Labor & Employment Law Journal
    20 Oct 2014 | 7:29 am
    by Amanda Ward Beginning in the mid-19th century, women began to organize and fight for their rights to be seen as equal to men.[1] When Congress passed the 19th Amendment to the U.S. Constitution in 1919, giving American women the right to vote, it was seen as a milestone win in women’s rights.[2] Women have […]
  • REGISTER for Our Symposium, October 24 2014 #LELJSymp32

    Hofstra Labor & Employment Law Journal
    17 Oct 2014 | 10:59 am
    Registration for next week’s annual Hofstra Labor & Employment Law Journal symposium is open, so please click here to register if you have not yet done so. CLE credits are available for those who desire them. For more information, including pricing (free for current Hofstra students, faculty, and administration members) and the complete program, please […]
  • Modern Day Slavery?

    Hofstra Labor & Employment Law Journal
    15 Oct 2014 | 7:10 am
    by Mehjabeen S. Rahman A recent case heard by the 2nd Circuit has made headlines using a term that has crept its way from the shadows of a rather grim period of American history. Is “slavery” still alive in the domestic U.S.? Whether or not the argument can be made that it does, the issue […]
  • Cheesy Move by Papa John’s

    Hofstra Labor & Employment Law Journal
    13 Oct 2014 | 7:29 am
    by Jillian Levitt On an episode of the television series Glee, Becky asks her friend, and fellow Cheerios cheerleader, Brittany to stay in high school with her forever, because “[t]he world is scary. Someday they will make me leave here, and I don’t know what I’m going to do.”[1] Her fear is particularly poignant since […]
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    My Distribution Law

  • Could Amazon Possibly Be a Monopolist? (Updated) (Again)

    Howard Ullman
    13 Oct 2014 | 11:51 am
    (Photo credit: Wikipedia) Franklin Foer, at the New Republic, argues that the answer is yes.  The alleged “crime”: predatory pricing — if not express, than at least in spirit. In “There’s one huge problem with calls for anti-trust action against Amazon” at, Matthew Yglesias rightly points out that market share does not by itself a monopoly make, and further argues that One important hint about Amazon’s non-monopoly status can be found in its quarterly financial reports. That’s where you find out about a company’s profits. In…
  • Can you ever successfully Daubert an antitrust economist?

    Howard Ullman
    2 Oct 2014 | 2:24 pm
    The iPod family with, from the left to the right : the shuffle 4G, the nano 6G, the classic 6G and the touch 4G (Photo credit: Wikipedia) It’s really a very difficult thing to do — and query whether it’s worth the effort.  See, e.g., The Apple iPod iTunes Antitrust Litigation, 2014 U.S. Dist. LEXIS 136437 (N.D. Cal. Sept. 26, 2014) (Gonzalez Rogers, J.) (denying Daubert motions all around).  At least that’s true when the economist is a well-known professor at a major university. The iPod litigation is, by the way, quite interesting . . . the court has refused to…
  • 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…
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    Kangaroo Court of Australia

  • Perjury at the Royal Commission given green light by Cbus industry super Directors for employees

    Shane Dowling
    25 Oct 2014 | 8:02 am
    Lisa Zanatta who confessed to premeditated perjury at the Trade Union Royal Commission a few weeks ago has been sacked it was revealed on Thursday. CEO David Atkin confirmed Ms Zanatta had been terminated as an employee of industry super fund Cbus. The evidence shows that it is not the perjury that concerned the Cbus […]
  • Craig Thomson: How much did he really steal from the HSU and the continued Labor Party cover-up

    Shane Dowling
    21 Oct 2014 | 5:57 am
    The amount former federal politician Craig Thomson stole from the Health Services Union is becoming less and less as the smoke and mirrors of the ALP propaganda and corruption machine continue to work. Exactly how much Craig Thomson stole will never be known but my estimate is that it could exceed $1,500,000. Craig Thomson’s fraud and theft […]
  • How to drag out a court case 101. Channel 7’s Kerry Stokes, Craig Thomson and Kathy Jackson etc

    Shane Dowling
    18 Oct 2014 | 5:29 am
    There have been numerous court cases during the week that I would normally report on but all of them have had very little action. They involve people such as Kathy Jackson, Craig Thomson and Kerry Stokes etc. In many of these cases there are clear and blatant delaying tactics. So we’ll have a look at […]
  • Prosecutions from ICAC and other corruption inquiries – Scorecard

    Shane Dowling
    11 Oct 2014 | 5:44 am
    Quite a few people try to down play the value of corruption inquiries and investigations as being nothing more than a waste of time and money and when you look at the past there is some evidence to support the argument that they are a waste. So let’s look at some of the facts and we’ll find that it […]
  • Lisa Zanatta – Perjury Queen of the Trade Union Royal Commission

    Shane Dowling
    7 Oct 2014 | 6:04 am
    Lisa Zanatta admitted to premeditated perjury in the witness box at the Trade Union Royal Commission in what could be regarded as the Commission’s best day so far. Ms Zanatta said she lied under oath to protect her boss David Atkin who is CEO of the $23 Billion industry super fund Cbus and Brian Parker […]
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    Attorney at Work

  • Five for the Future

    Jordan Furlong
    24 Oct 2014 | 3:00 am
    The College of Law Practice Management’s 2014 Futures Conference gathered more than 100 of the world’s leading authorities on the evolving practice of law at Suffolk University Law School in Boston and set them to work. Here are my five key takeaways from the year’s most impressive legal market conference. 1. The Trailblazer. Leading off the conference was keynote speaker Tom Sager, the legendary general counsel of DuPont who pioneered the DuPont Legal Model for anticipating, managing and executing his company’s legal issues. Sager, who recently stepped down from his longtime position…
  • 2014 InnovAction Award Winners Announced

    Merrilyn Astin Tarlton
    23 Oct 2014 | 5:02 pm
    InnovAction Awards were presented to law firm Higgs & Sons and the Legal OnRamp Fellowship at last week’s 2014 Futures Conference in Boston. The College of Law Practice Management presents InnovAction Awards to recognize lawyers, law firms and other deliverers of legal services for unprecedented business activity. The program — now in its 10th year — seeks to highlight what can be created when passionate professionals, with big ideas and strong convictions, are determined to make a difference. 2014 InnovAction Winners The coveted InnovAction Award is presented to those within…
  • New Guidance for Lawyers on the Ethics of Social Media Use

    Mary Pat Benz
    23 Oct 2014 | 3:00 am
    Do you need advice about the ethics issues involved in social networking? Chances are your questions will be answered by the Pennsylvania Bar Association’s recent Formal Opinion 2014-300. The 18-page opinion addresses issues that are important for lawyers in every state. 10 Ethics Issues That Are Addressed The Pennsylvania opinion rests on the premise that Rule 1.1 of the Model Rules of Professional Conduct requires lawyers to have “a basic knowledge of how social media websites work,” as well as the ability to advise clients about the legal ramifications of using the sites. The…
  • Holy Crap! Is That All the Money I’m Making This Year?

    Peggy Gruenke
    22 Oct 2014 | 3:00 am
    The year’s end is right around the corner, along with the holiday season. So, what do you really want for a holiday gift? How about getting paid for the work you did during the year? The holidays can be extra hectic for lawyers with the scramble to get checks from clients before year-end. Most law firms operate on a calendar year and are run on a cash basis, meaning work isn’t counted as revenue until clients pay. If you are a partner or even an associate, your compensation may be tied to the amount of money your firm collects on the work you billed. If you are a solo, you know…
  • Best Way to Organize Your Contacts

    Sally J. Schmidt
    21 Oct 2014 | 3:00 am
    If you are like most lawyers, you have done little to organize or manage one of your most important business development assets — your contacts. Why is it so important to keep track of the people you know? Most clients will tell you they hire the lawyer, not the law firm. Even as corporate clients become more businesslike in vetting and selecting counsel, there is usually a relationship that led to being put on the shortlist. To be successful at developing business, you must know people and maintain key contacts — either those hiring legal counsel or those whom they ask for…
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    Justia Law, Technology & Legal Marketing Blog

  • Justia Weekly Writers’ Picks – October 17, 2014

    Cicely Wilson
    17 Oct 2014 | 4:31 pm
    In re Adoption of K.P.M.A., Oklahoma Supreme Court (10/14/14) Constitutional Law, Family LawThe issue this case presented for the Supreme Court’s review centered on the termination Respondent-appellant Billy McCall’s (Father) parental rights to K.P.M.A. (Child). Child was born out-of-wedlock to T.Z. (Mother) in 2012. Prospective adoptive parents, petitioners-appellees Marshall and Toni Michelle Andrews had had physical custody of the child since she was released from the hospital after birth. On appeal of his termination, father argued: (1) whether his due process rights were…
  • Oh Say Can You Pro Se? Justia Weekly Writers’ Picks – October 3, 2014

    Cicely Wilson
    3 Oct 2014 | 12:20 pm
    Zavodnik v. Harper, Indiana Supreme Court (9/30/14) Civil ProcedurePlaintiff was an abusive litigant. In this case, Plaintiff filed a complaint against Defendant, which the trial court dismissed for failure to prosecute or comply with applicable rules under Ind. Trial Rule 41(E). The court of appeals dismissed Plaintiff’s appeal with prejudice for Plaintiff’s failure to file a timely brief and appendix. The Supreme Court denied Plaintiff’s petition to transfer jurisdiction and refrained from imposing sanctions or restrictions. This per curiam opinion also gave guidance to the state’s…
  • 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…
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    Expert Library

  • Ethical Challenges For Experts In Civil Litigation

    IMS ExpertServices
    30 Sep 2014 | 6:00 am
    Sources of An Expert’s Ethical Obligations Experts specialize in objectivity – Lawyers are rewarded for subjectivity. Experts are sometimes tempted to skew their evaluation of the facts in favor of the party who hired them. One reason for this temptation is the high fee paid to experts who can help a party win at trial. [...]
  • Daubert Standards And Hearings

    IMS ExpertServices
    16 Sep 2014 | 6:00 am
    This outline presents the core concepts that an expert witness should know about Daubert and its requirements. The United States Supreme Court has established new flexible guidelines for admission of expert opinion; the guidelines emphasize the role of judges as gatekeepers, keeping from juries’ unreliable expert opinion and allowing into evidence reliable opinion. Federal Rule [...]
  • Preparing For Deposition

    IMS ExpertServices
    2 Sep 2014 | 6:00 am
    Preparing For Deposition This outline presents the basic considerations in deposition preparation as well as a few explicit suggestions. Counsel use depositions both to obtain information and to evaluate the credibility of the witness. Counsel makes conclusions during the deposition about how the witness will present himself or herself in court, and how the deposition [...]
  • Building Better Relationships

    IMS ExpertServices
    19 Aug 2014 | 6:00 am
    Referring Case Opportunities to IMS ExpertServices Business referrals are important to most businesses and ours is certainly no exception.  IMS ExpertServices encourages referrals from our expert community.  This approach to business development has proven beneficial not only to our company, but also to our litigation project referrers as well. Many of the experts we work [...]
  • Preparing An Expert Report

    IMS ExpertServices
    5 Aug 2014 | 6:00 am
    This outline establishes some of the considerations expert witnesses should note in preparing an expert report. It details what must be included as well as things to avoid. A. Under federal rules, the testifying expert’s report is provided pre-trial and must be signed by the expert. B. With regard to retaining draft reports, the appropriate [...]
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    BullsEye Blog

  • Apple Gets Another Bite at $368 Million Verdict

    20 Oct 2014 | 8:00 pm
    You don't get two bites at the apple, it is sometimes said, but Apple Inc. is getting a second bite at defending itself against a massive damages award after the Federal Circuit Court of Appeals vacated a $368 million jury verdict in a patent infringement case.
  • Inventor Testimony in Patent Litigation

    10 Oct 2014 | 9:56 am
    The long-running technology and Internet boom has spawned extensive patent litigation as companies seek an edge over competitors by suing for infringement. Many of the entrepreneurial founders of technology companies are themselves extremely knowledgeable about the technologies on which their businesses are based. As such, parties often perceive
  • Regression Analysis in Litigation

    2 Oct 2014 | 10:00 pm
    It is important for litigators to understand the fundamentals of regression analysis, particularly when direct evidence of harm is absent. Fortuitously, the District Court for the Southern District of New York recently provided a primer on regression analysis as background to its evaluation of expert testimony under Daubert.
  • Do Conflicting Experts Preclude Summary Judgment?

    28 Sep 2014 | 7:00 am
    Courts award summary judgment to a party when there is no genuine dispute of material fact and the moving party is entitled to judgment in its favor as a matter of law. Can summary judgment be awarded if two experts have conflicting opinions about a material fact?
  • Securities Law, Daubert, Terror Trials: Cases Hinge on Experts

    18 Sep 2014 | 2:09 am
    From market efficiency to Daubert to terrorist litigation, many cases require experts for final decisions to be made. Read more to learn about recent cases in which expert testimony played a vital role.
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    Rozek Law

  • Marijuana Study Indicates an Increased Survival Rate for Patients

    Randy Rozek
    24 Oct 2014 | 10:48 am
    Visit us at According to research published in the American Surgeon, a scientific journal, patients who showed a history of cannabis use had a higher rate of survival than non-users. UCLA Medical students conducted a three-year review of brain injury trauma patients and discovered that 97.6 percent of those that tested positive for marijuana survived surgery. In contrast, patients who tested negative for pot possessed an 88.7 percent survival rate. Medical students examined 446 drug records for patients who suffered a traumatic brain injury. Doctors test for drugs to decide on…
  • Studies Find Brain Injury Increases Risky Behavior

    Randy Rozek
    9 Oct 2014 | 12:22 pm
    Visit us at New research has found that teen girls who survive a traumatic brain injury are at a higher risk for problematic behavior. In the study, researchers found that 13 risky behaviors increased for girls with TBI, such as binge drinking, suicidal thinking and smoking marijuana. On average, boys only engaged in 9 of the unhealthy behaviors. Survey across Ontario The research involved 9,288 students from grades 7 to 12 from across Ontario, Canada. In the study, surveyors defined traumatic brain injury as blows to the head that caused a five-minute knockout, or a minimum of…
  • Risk of Brain Injury Related to Helmets?

    Randy Rozek
    29 Sep 2014 | 11:36 am
    Visit us at An estimated 25 percent of retired football players have increased risk for developing a form of dementia. Additionally, studies have found that dementia forms much sooner for football players than in those who did not play. Dave Herman, a retired NFL player with more than a decade of playing for the New York Jets, increasingly had problems with memory and thinking over the years. Dr. Sam Gandy, one of Herman’s doctors and a neurologist for Mount Sinai Hospital in New York, said that the group who viewed his case could not give a solid diagnosis. Gandy continued…
  • New Compound Protects Against Brain Injuries

    Randy Rozek
    23 Sep 2014 | 10:35 am
    Visit us at In a recent study conducted at the University of Iowa, researchers discovered that certain compounds could prevent brain cells from certain types of traumatic brain injury. In the experiment, the mice were treated 24 to 36 hours later for a traumatic brain injury due to a blast. During the trial, researchers discovered that the compound prevented the lasting effects associated with TBI. Traumatic brain injury is one of the most common health problems that men and women from the military face. Out of more than two million US soldiers, 10 to 20 percent experience a TBI.
  • Does Early Brain Injury Trigger Autism?

    Randy Rozek
    16 Sep 2014 | 10:46 am
    Visit us at 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…
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  • Supreme Court to Protect Information on Cell Phones

    Robin Friedman
    24 Oct 2014 | 5:16 am
    The digital age has created a world in which over-sharing is the norm and electronic devices are capable of storing significant amounts of one’s personal information. However, in an important step to protect the privacy of U.S. citizens, the Supreme Court has declared information on cell phones and smart phones off-limits for warrantless searches. The […]
  • Is your Dog Playful, Rambuctious or Vicious?

    Robin Friedman
    21 Oct 2014 | 8:20 am
    Not all dogs are created equal. Regardless of whether an animal is domesticated or not, it is still an animal, and even the friendliest of dogs are not exempt from the off-chance it may bite if provoked.  If a dog feels threatened, scared, or senses danger, it will bite.  Given this information, what is the […]
  • When is it Malpractice?

    Robin Friedman
    17 Oct 2014 | 8:18 am
    Many of us feel from time to time that we were not treated properly by a hospital or a doctor.  The question is: When is this treatment considered medical malpractice for which one can bring a lawsuit? All doctors are required to exercise that degree of care of doctors of their specialty when treating a […]
  • Assistance with Home Energy Costs – HEAP Benefits

    Linda Grear
    8 Oct 2014 | 7:07 am
    According to a recent New York Times article, the US Energy Department projects a warmer forecast this coming winter season. After enduring frigid temperatures and higher energy costs last winter, many American consumers will spend less this winter. Because temperatures are forecast to be warmer than last winter, that will mean less demand for heat. […]
  • October is Breast Cancer Awareness Month

    Krystal Chapin
    1 Oct 2014 | 1:20 pm
    With the start of the month of October, Breast Cancer Awareness Month, HoganWillig wants to make sure Western New Yorkers are well informed about this devastating disease. Knowledge is power and prevention is key. Here are some quick facts about the disease: One in eight U.S. women will be diagnosed with breast cancer in their […]
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    bLAWgical Thinking

  • #The3Llife: Resourcing Quality Outlines

    22 Oct 2014 | 12:29 pm
    GUEST BLOG By Shaun Sanders, 3L at Chapman University’s Dale E. Fowler School of Law Like many law students, I was encouraged to avoid using supplements and create my own outlines. Admirable as that may be, it is not how I learn. I learn by […]
  • #The2Llife: The Secret is Networking

    21 Oct 2014 | 12:32 pm
    GUEST BLOG Harrison Thorne, 2L at UCLA School of Law I had the pleasure of attending Law Preview—a law school “jump start program—as both a student and a student facilitator. I learned a lot, and I think it truly helped me do well my first […]
  • #The1Llife: Internships and Summer Positions

    20 Oct 2014 | 3:59 pm
    GUEST BLOG By Lauren Rose, 1L at the University of Detroit Mercy Now that the crazy midterm studying madness is over, I was able to attend a few events hosted by my law school. One of these events was hosted by the law school’s career […]
  • #The3Llife: Serious Networking Part II

    17 Oct 2014 | 2:00 pm
    GUEST BLOG By Shaun Sanders, 3L at Chapman University’s Dale E. Fowler School of Law Last week I discussed some of the fundamental factors to networking that I feel are often overlooked by my classmates. This week, I’d like to talk more about the right […]
  • #The2Llife: Finding a Passion

    16 Oct 2014 | 1:58 pm
    GUEST BLOG By Harrison Thorne, 2L at UCLA School of Law I went to law school vaguely knowing I wanted to “argue.” I have always been decent in front of crowds, and somewhat persuasive. However, I did not know exactly what I wanted to do. […]
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    Attorney at Work

  • Five for the Future

    Jordan Furlong
    24 Oct 2014 | 3:00 am
    The College of Law Practice Management’s 2014 Futures Conference gathered more than 100 of the world’s leading authorities on the evolving practice of law at Suffolk University Law School in Boston and set them to work. Here are my five key takeaways from the year’s most impressive legal market conference. 1. The Trailblazer. Leading off the conference was keynote speaker Tom Sager, the legendary general counsel of DuPont who pioneered the DuPont Legal Model for anticipating, managing and executing his company’s legal issues. Sager, who recently stepped down from his longtime position…
  • 2014 InnovAction Award Winners Announced

    Merrilyn Astin Tarlton
    23 Oct 2014 | 5:02 pm
    InnovAction Awards were presented to law firm Higgs & Sons and the Legal OnRamp Fellowship at last week’s 2014 Futures Conference in Boston. The College of Law Practice Management presents InnovAction Awards to recognize lawyers, law firms and other deliverers of legal services for unprecedented business activity. The program — now in its 10th year — seeks to highlight what can be created when passionate professionals, with big ideas and strong convictions, are determined to make a difference. 2014 InnovAction Winners The coveted InnovAction Award is presented to those within…
  • New Guidance for Lawyers on the Ethics of Social Media Use

    Mary Pat Benz
    23 Oct 2014 | 3:00 am
    Do you need advice about the ethics issues involved in social networking? Chances are your questions will be answered by the Pennsylvania Bar Association’s recent Formal Opinion 2014-300. The 18-page opinion addresses issues that are important for lawyers in every state. 10 Ethics Issues That Are Addressed The Pennsylvania opinion rests on the premise that Rule 1.1 of the Model Rules of Professional Conduct requires lawyers to have “a basic knowledge of how social media websites work,” as well as the ability to advise clients about the legal ramifications of using the sites. The…
  • Holy Crap! Is That All the Money I’m Making This Year?

    Peggy Gruenke
    22 Oct 2014 | 3:00 am
    The year’s end is right around the corner, along with the holiday season. So, what do you really want for a holiday gift? How about getting paid for the work you did during the year? The holidays can be extra hectic for lawyers with the scramble to get checks from clients before year-end. Most law firms operate on a calendar year and are run on a cash basis, meaning work isn’t counted as revenue until clients pay. If you are a partner or even an associate, your compensation may be tied to the amount of money your firm collects on the work you billed. If you are a solo, you know…
  • Best Way to Organize Your Contacts

    Sally J. Schmidt
    21 Oct 2014 | 3:00 am
    If you are like most lawyers, you have done little to organize or manage one of your most important business development assets — your contacts. Why is it so important to keep track of the people you know? Most clients will tell you they hire the lawyer, not the law firm. Even as corporate clients become more businesslike in vetting and selecting counsel, there is usually a relationship that led to being put on the shortlist. To be successful at developing business, you must know people and maintain key contacts — either those hiring legal counsel or those whom they ask for…
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    The Attorney Marketing Center

  • When zombies invade your law office

    David M. Ward
    24 Oct 2014 | 11:06 am
    You say you’ve got problems? Watch a couple episodes of “The Walking Dead” and say that again. Now those people have problems. Their lives are a living nightmare. The world they once knew is gone forever. Every minute might be their last. So unless a horde of zombies have invaded your office, don’t tell me you’ve got problems. You don’t have problems, you’ve got situations. Challenges. Opportunities to improve. Whatever is it, deal with it. Come up with a plan. Find a solution. Can you write a check? Great, no more problem. You don’t have the…
  • Don’t die with your music still in you

    David M. Ward
    23 Oct 2014 | 10:47 am
    I received an email today from a marketer friend. It started with a quote from Anne Frank: “How wonderful it is that nobody need wait a single moment before starting to improve the world.” My friend noted that we also don’t need to wait a single moment to improve ourselves. He said, “If we wait for the “perfect moment,” you can bet it will never come. Life gets in the way. We create more excuses. Our goals keep getting shoved to the back burner. So forget about waiting for the perfect moment to begin, because that moment is NOW.” This struck a nerve with me.
  • Go to law school and join the Billionaire Boys Club

    David M. Ward
    22 Oct 2014 | 11:39 am
    I read an article about the top five industries in which the world’s self-made billionaires made their fortunes. Financing and investments were at the top of the list with a little over 19%. Surprisingly, technology wasn’t one of the top five. Not surprisingly, the legal industry wasn’t on the list. In fact, I can’t name any lawyer who became a billionaire practicing law. I do, however, know of more than a few billionaires who have a law degree under their belt. Practicing law may not be a direct path to earning ten figures, but it clearly is an indirect path. Your…
  • Write better by writing faster

    David M. Ward
    21 Oct 2014 | 12:59 pm
    If you could write faster, you would get more work done in less time. You could crank out more billable work product, complete more projects, and free up time for other activities. You could also bring in more new clients by turning out more website content and marketing documents. You probably know some of the mechanics of writing faster and producing more content: Use boilerplate language and fill-in-the-blank templates. Re-purpose content. Convert a slide presentation into an ebook; revise old articles into new ones. Use outlines and mind maps to organize your writing. Divide big projects…
  • Why didn’t the client hire you?

    David M. Ward
    20 Oct 2014 | 10:25 am
    You’ve met with a prospective client. You’ve given them a free consultation or done the dog-and-pony show. It’s decision time for them and unfortunately, the decision is “no”. You didn’t get the job. You need to find out why. Ask them why they chose someone else. In your presentation or conversation, did you forget to say something they wanted to hear? Did they think you don’t have enough experience? The right experience? What would have made a difference? Did they see a bad review online or talk to someone who said negative things about you? Were…
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    Valensi Rose Law

  • Streaming for Dollars

    About Valensi Rose, PLC
    17 Oct 2014 | 9:55 am
    By Michael R. MorrisI recently moderated a panel for the California Copyright Conference entitled “Streaming for Dollars,” that addressed the music industry’s current evolution from an “ownership” model to an “access” model.  Instead of purchasing CDs or permanently downloading songs via iTunes, Amazon, etc., a vastly increasing share of music listeners are choosing to stream music over the Internet via services such as Pandora, Spotify, and Sirius XM.  While these streaming services still pay royalties to artists, songwriters, music publishers, and record companies,…
  • Gold Diggers Beware

    About Valensi Rose, PLC
    25 Sep 2014 | 3:19 pm
    By Lynda ChungIn the world of trust and estate litigation, claims of undue influence are nothing new. These suits usually concern a caregiver, mistress, or other interloper coercing an unfair share of an inheritance from the deceased.  However, far less common are undue influence cases brought against the wife of the deceased. That is … until a case earlier this year made it clear that marriage is not a license to steal. Indeed, all would-be “gold-diggers” should take note, as this decision is a potential game changer.In this case, the deceased took the defendant as his third wife…
  • 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…
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    Law Firm Internet Marketing Blog | Attorney Search Engine Optimization SEO | News & Tips

  • AZ Bar Association CLE: Attorney Brand Management (1 Ethics Credit) Faculty: Dustin Ruge

    Dustin Ruge
    1 Oct 2014 | 2:56 pm
    Dustin Ruge will be speaking at the AZ Bar Association (Tucson Chapter) on the importance and strategies surrounding personal brand management for attorneys on October 9th @ 12 noon.For more information and registration:  AZ Bar Association CLE Programs  Date & Time: Thursday, October 9th at 12 noon CLE ETHICS Credits: 1Location: 270 N. Church Ave. Tucson, AZ 85701Faculty: Dustin Ruge #cle  #branding #lawyermarketing
  • Creating Attorney Videos That Convert

    Dustin Ruge
    11 Aug 2014 | 10:04 am
    One of the best ways that attorneys can compete and win online is by focusing on conversion. Despite all the focus on rank and search engine traffic, the vast majority of attorneys still get the bulk of their business from referrals. Since referrals tend to be given out in number (ie here are 2-3 attorneys you can contact), it is important to know how you stack up against your referral competition and how best to convert those referrals to clients. VIDEOS HELP YOU OUTPERFORM YOUR REFERRAL COMPETITORSThe majority of referrals are looking up attorneys online BEFORE and after they meet you. If…
  • Dustin Ruge Will Be Speaking On Social Media For Attorneys: Colorado Bar Association - August 16th

    Dustin Ruge
    6 Aug 2014 | 5:41 pm
    Dustin Ruge will be speaking again at the Colorado Bar Association's annual "Hanging You Shingle" conference on Saturday, August 16th at 10am on the subject of social media for attorneys. Date: Saturday, August 16thTime: 10am Location: Colorado Bar Association, 1900 Grant St, 3rd Floor  |  Denver, CO 80203CLE Credits (Full Program): 18 General Credits, 6 Ethics CreditsRegistration:  #attorneycle  #lawyermarketing
  • Is Gmail Bad For The Practice Of Law?

    Dustin Ruge
    6 Aug 2014 | 4:30 am
    When I speak to bar associations across the nation, one of the first questions I ask the audience when it comes to client communications is if they use Gmail for your client communications. Invariably, a number of hands go up. At that point, I always ask them if they have read the Gmail’s privacy policyand if they know that Google is scanning their emails? Why Is All Of This Important For Attorneys? Attorneys, like many other people find the free Gmail email service to be effective, easy to use and highly portable (you can access and use it anywhere). The fact that over 425 million people…

    Dustin Ruge
    24 Jul 2014 | 5:00 am
    There is a good deal of discussion these days about client/case conversion but what attorneys often fail to realize is something that the insurance companies learned a long time ago: most people buy from the first responder. Geico, who has literally spent billions of dollars on their brand name alone, found in their own studies that most people will only get one insurance quote and then buy from that firm. When it comes to attorneys, people’s buying habits are no different. In FindLaw’s recently released 2014 consumer legal needs survey they found that fully 72% of respondents indicated…
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    Estate Law Canada

  • Preparing a final tax return

    24 Oct 2014 | 8:43 pm
    This article from contains information and detailed instructions to help someone file a tax return for a spouse or other loved one who has passed away. It is practical and useful information that any executor or widowed spouse will find essential. Click here to read it. However, in my experience, an awful lot of widowed folks find it extremely difficult, if not impossible, to
  • Provinces spend millions each year to ensure that Canadians get a proper burial

    19 Oct 2014 | 8:51 pm
    What happens when a person dies in Canada, but cannot be identified? And what if their identity is known, but they have no money for a funeral? What if their loved ones won't get involved? In Alberta alone, last year there were 1,577 individuals who had nobody to provide them with a funeral. Provinces have programs in place to ensure that everyone gets a dignified burial. Click  here to read a
  • Ontario woman and her husband charged with elder abuse of her mother

    18 Oct 2014 | 6:44 pm
    There is a very sad, very serious case being heard in court in Ontario this week. Viola Simonds was in her 70s and had dementia and other medical issues. Her daughter and son-in-law had a Power of Attorney for Personal Care for Ms. Simonds. However, they didn't follow the doctor's advice, and didn't seek out either home care or a nursing facility for Ms. Simonds. They have now been charged under
  • Great response to For My Family, With Love

    18 Oct 2014 | 9:12 am
    I'm pleased to report that the initial response to my new workbook entitled For My Family, With Love has been all positive! Thanks to those of you who have checked it out. I'm always open to hearing feedback about your use of this book (or any of my other books), so please feel free to comment here if you wish. I'm using a copy of the book myself, to leave behind for my own family, so it's a
  • If the executor doesn't want the job, can she hand it off to the sole beneficiary?

    17 Oct 2014 | 9:04 pm
    When a will names an executor who probably doesn't want the job and there is no alternate executor named, what happens? Can the executor hand off her duties to the sole beneficiary? A reader recently asked me this question, as well as a question of how that might be accomplished. His question and my answer are below: "My wife is an only child. Her mother is alive, but father has passed away.
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    AZ Attorney

  • Curl up with a Supreme Court #SCOTUS puppy video, courtesy @LastWeekTonight

    24 Oct 2014 | 9:30 am
    Which Justice is this? You’ll have to watch to find out. Today’s post is of the type for which Change of Venue Friday was created. I’m guessing you’ll like it. There is a video going around, viral-like, from the TV program Last Week Tonight with John Oliver. In fact, so viral it is, and so many lawyers have mentioned it to me, that I hesitated to offer it here. But finally I examined the matter and applied high editorial values, and I saw that the content includes puppies. So you’re welcome. The challenge faced by the show’s producers—and by any American who cares about American…
  • Native American Bar of Arizona honors its leaders

    23 Oct 2014 | 9:30 am
    I am working hard this week to catch up with a few great events I recently attended. Each reminded me how vibrant and healthy Arizona’s legal community is—if we could only take the time to look. Way back on September 27, I had the privilege to attend the annual Native American Bar Association of Arizona Seven Generations Dinner, held at the Radission Fort McDowell Resort. As always, organizers took the time to recognize leading lights in their midst: Lifetime Achievement Award: Robert Clinton, Foundation Professor of Law, Sandra Day O’Connor College of Law at ASU Community Award: Hon.
  • Lawyers sought for @NAPABA Arizona Asian Bar community-service event

    22 Oct 2014 | 9:30 am
    In the upcoming Arizona Attorney Magazine, I talk about a national legal event coming to our state—the National Asian Pacific American Bar Association convention. More to come soon. But in the meantime, convention organizers are putting together an event that helps military personnel. Your help may be needed—and you need not be a convention registrant to step up. Attorney Jared Leung is President of AAABA, the Arizona affiliate. And he has issued a call for help. When are you needed? Sunday, Nov. 9, from 7 am to noon. What’s happening? NAPABA is donating money and volunteer hours to…
  • Memory expert Elizabeth Loftus speaks at @ArizonaLaw in Mind & Law series

    21 Oct 2014 | 9:30 am
    Elizabeth F. Loftus This Wednesday, October 22, the University of Arizona law school co-hosts an event with cognitive psychologist Elizabeth Loftus. Speaking on her topic “The Memory Factory,” Loftus explores “how the mind is a ‘memory factory,’ one that can construct a richly detailed and emotionally vivid story, believed sincerely by the speaker although it is entirely false.” Often described as a memory expert, Loftus’s own university page describes her own work this way: “Her experiments reveal how memories can be changed by things that we are told. Facts, ideas,…
  • Campaign dollars and judicial merit selection the focus of 10/22 event

    20 Oct 2014 | 9:30 am
    Former Montana Supreme Court Justice James Nelson will speak in Tempe, Ariz., on Wednesday October 22, on the topic of Citizens United and the influence of money in judicial elections. The guest speaker at a Wednesday Tempe event will be a retired jurist who is expected to offer frank commentary about the corrosive role of campaign money in judicial elections. Former Montana Supreme Court Justice James Nelson will offer remarks about the Citizens United ruling—and especially the impact of money on the election of judges—at a mixer hosted by the Arizona Advocacy Network. As the AAN says,…
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    Course and Scope: A Connecticut Worker's Compensation Law Blog

  • Choosing a Hartford, Connecticut Worker's Comp Lawyer

    James Aspell
    24 Oct 2014 | 8:43 pm
  • Connecticut Worker's Compensation Benefits

    James Aspell
    22 Oct 2014 | 7:38 pm
    Employees who are injured on the job in Connecticut may pursue benefits through the state's workers' compensation system. The Workers' Compensation Act states that all employees are covered, regardless of full- or part-time status, from the first day of employment. There are several different types of benefits that may apply. In most cases, the primary concern is the provision of medical treatment benefits. If medical treatment benefits are applicable, the employer is responsible for choosing the medical facility, and the employee designates the attending physician. Permanent partial…
  • Physician heal thyself

    James Aspell
    22 Oct 2014 | 9:54 am
    There is an epidemic of Connecticut orthopedists, primarily back guys, who do not wish to get involved in helping injured Connecticut workers if their injury is over a year old. I'm sorry. Did they tell you there was a one year limitation period on helping people when you went to medical school? If I ran the Connecticut worker's compensation commission I would send these practices a strongly worded letter indicating that if they wish to be allowed to treat worker's comp injuries, they need to take all comers. If I picked and chose my clients the way these guys do, most of them would find…
  • Connecticut Construction Site Accidents

    James Aspell
    16 Oct 2014 | 9:27 pm
    Construction sites are arguably the most dangerous work sites due to the type of work being done. Construction involves heavy duty tools and equipment and without the property safety precautions, accidents can result in devastating injuries. The site owner or manager is often responsible for making sure the workers are fully trained and provided with the proper safety equipment. Unfortunately, negligence of construction site owners happens and workers can suffer because of it. Some of the common types of construction accidents include: Slip & fall, trip & fall and other falls Machinery…
  • Pre-Existing Conditions and Connecticut Worker's Compensation

    James Aspell
    16 Oct 2014 | 1:22 pm
    The Compensation Review Board has recently decided a case involving the "aggravation" of a pre-existing condition by the work environment. Their decision may have significant impact on a number of Claimant's. Please call us at 860-523-8783 for a free discussion of your matter,
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    Law Donut blog feed

  • Employee tattoos, employment law and your business

    8 Oct 2014 | 2:02 am
    Body art has become part of everyday life throughout western society. Long gone are the days when tattoos were considered a novelty favoured by specific social groups and subcultures. However, not all employers welcome tattoos, so, should body art enthusiasts be told to cover up their tattoos at work or would this be discrimination? With one in five people in Britain now having a tattoo, this is a relevant employment law issue for many UK businesses. Employer defence Employers insist they have the right to make employees cover up if their appearance compromises the company’s image. But…
  • Why many patent holders are being ripped off on their renewal fees

    25 Sep 2014 | 3:05 am
    More than eight million patents are held worldwide by thousands of businesses, many of which do not know they are paying far more than necessary to renew their patents. For each patent a business holds, a fee must be paid to the patent office every year to keep their intellectual property in force. If you hold patents in multiple regions, the costs can quickly spiral out of control. To manage the process, most of these businesses employ the expensive legal expertise of patent attorneys, believing that the renewal process is complicated. In fact, the process is very simple. So these patent…
  • Could pension-led funding enable your business to grow?

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

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

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

  • HHMR Attorneys to Present at an Upcoming CRG Builder Lunch & Learn - Reserve Your Seat Now

    David M. McLain
    16 Oct 2014 | 8:04 am
    The Construction Resource Group will be hosting a Builder Lunch & Learn. If you are a Colorado builder and are interested in attending, you can visit the Eventbrite website to reserve your spot. Seating is extremely limited.
  • David M. McLain, Esq. to Speak at the 2014 CLM Claims College

    David M. McLain
    12 Aug 2014 | 9:38 am
    David McLain will be a speaker at the School of Construction.  The Claims College will be held from September 7-10 in Philadelphia, Pennsylvania.  Mr. McLain is a founding member of Higgins, Hopkins,McLain & Roswell, LLC, a firm which specializes in construction law and construction litigation throughout Colorado.  Mr. McLain received his undergraduate degree from Colorado State University, graduating cum laude, and his law degree from the University of Denver, College of Law.  Mr. McLain completed the Claims and Litigation Management Alliance Litigation Management…
  • When Can a General Contractor’s Knowledge be Imputed to a Developer?

    David M. McLain
    31 Jul 2014 | 1:53 pm
    The Colorado Court of Appeals recently handed down an opinion clarifying when the knowledge of a general contractor can be imputed to a developer. In the case of Jehly v. Brown, 327 P.3d (Colo. App. 2013), the Court of Appeals held that a developer cannot be held liable for fraudulent concealment when the developer has no actual knowledge of the fact or facts allegedly being concealed even if the general contractor had knowledge.In this case, Brown, the developer, owned real property in Teller County and hired a general contractor to build a single-family house. Sometime before or during the…
  • Taylor Morrison v. Terracon and the Homeowner Protection Act of 2007

    David M. McLain
    10 Jun 2014 | 8:00 am
    On January 30, 2014, the Colorado Court of Appeals decided the case of Taylor Morrison of Colorado, Inc. v. Bemas Construction, Inc. and Terracon Consultants, Inc. 2014WL323490. The case addressed a substantial issue of Colorado constitutional law, as well as a variety of procedural issues of potential importance to construction litigation attorneys.  Of particular interest is the question of whether the provisions of the 2007 Homeowner Protection Act (“HPA”) are limited in application to contracts between residential homeowners and construction professionals, or whether they have…
  • Builder’s Be Wary of Insurance Policies that Provide No Coverage for Building: Mt. Hawley Ins. Co v. Creek Side at Parker HOA

    Nancy B.
    30 Apr 2014 | 11:05 am
    On the heels of a recent order regarding coverage under a Comprehensive General Insurance policy issued by Mt. Hawley Insurance Company (“Mt. Hawley”), builders should be very wary of CGL policies providing no coverage for property damage.On January 8, 2013, District Court Judge R. Brooke Jackson granted a motion for declaratory judgment filed by Mt. Hawley.  The order states that the subject insurance policies issued by Mt. Hawley to Mountain View Homes II, LLC (“MV Homes”), the builder developer of the Creek Side at Parker development (the “Project”), did not provide…
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    Accellis Technology Group

  • Beware of Another Microsoft Office Zero-Day Flaw

    Accellis Technology Group
    22 Oct 2014 | 12:35 pm
    Microsoft Announces Vulnerability in Office that affects nearly all versions of Windows On Tuesday, Microsoft warned Windows users that cyber criminals are exploiting a recently discovered vulnerability in Microsoft Office. Users are sent an attachment that will open a Power Point or Office document (.pptx, .pptm, .ppt, .docx, .xls). The document opened will run other programs in the background, allowing the hacker gain access to everything on the computer. Users with administrator rights pose the greatest risk if infected. What is being done about it? Microsoft released a fix for this…
  • Amicus Attorney Keyboard Shortcuts

    Colleen Heine
    2 Oct 2014 | 7:02 am
    Amicus Attorney Premium Edition is a well-known practice management with over twenty years of designing legal software. Underutilized tools within the program include the use of HotKeys or those keyboard shortcuts that help users move quickly throughout the program. Firms familiar with the program may recognize a few off this master list of key combinations to make your Amicus office even more efficient. A few shortcuts include: CTRL+N – Create New CTRL+F – Quickfind CTRL+D – Generate A Document CTRL+T – Insert Timestamp CTRL+R – Copy Address CTRL+SHIFT+S –…
  • Accellis Technology Group Launches Security & Compliance Services for Law Firms

    Accellis Technology Group
    25 Sep 2014 | 9:54 am
    National Legal Technology Firm Expands Law Firm Cyber Security and Compliance Management Resources Download PDF Cleveland, OH – In an effort to help law firms improve security, remain compliant and guard against cyber-attacks, Accellis Technology Group, one of the nation’s leading providers of Managed IT Services and Legal Technology Consulting, has announced the launch of its Security and Compliance Consulting service department. This program is uniquely designed around the specific security needs of the legal industry. “Law firms and business law departments have become prime targets…
  • How to Cut Your Tech Support Call Time in Half

    Bret Surdock
    24 Sep 2014 | 10:59 am
    Let’s face it, no one likes when their computer or software applications are malfunctioning and therefore need to call in to the help desk or tech support for assistance. While Accellis is always happy to assist with any issues you may have, we understand that you would much rather just get on with your day and get back to work quickly. Here are some tips on how to cut the amount of time you are on the phone with tech support in half. Reboot your computer - Eliminate the obvious points of failure. If you cannot remember the last time you rebooted your computer, chances are it is way…
  • 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…
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    The Litigation Consulting Report

  • 6 Traits of Bad Business Developers You Never Want to See

    Alex Brown
    22 Oct 2014 | 7:35 am
    by Alex BrownDirector of OperationsA2L Consulting In my last article on business development I discussed the traits of great business developers I like to see when hiring. Today, I focus on traits I like to avoid. If you close your eyes and try to picture a business development professional, what do you see? Depending on your age and whether you work in a law firm or elsewhere, some of the common images are:  Bud Fox from Wall Street           Jerry Maguire      Willy Loman from Death of a Salesman Almost always you think of a charming and intelligent person who's fun to talk to…
  • 4 Ways That Juries Award Damages in Civil Cases

    15 Oct 2014 | 6:13 am
    by Elise Jefferson, MAA2L Consulting An intriguing and complex aspect of civil litigation is the use of damage awards as a means of achieving justice. This remains an inexact science; no one can predict the amount of money that a jury is going to award the plaintiff if liability is found. However, a good deal that is worth knowing has been learned about what goes into that decision. For example, studies have examined damage awards when jurors are asked to award a specific amount, as well as how jurors’ perceptions of the plaintiff’s motives for suing can affect damage awards. Although it…
  • 8 Traits of Great Business Developers (In or Out of Law Firms)

    Alex Brown
    14 Oct 2014 | 5:54 am
      by Alex BrownDirector of OperationsA2L Consulting These days, there’s no question that sales (or business development as law firms like to call it) is essential to the success of nearly every law firm. Law firms can’t exist without clients – and whether a firm prefers to expand its client base or to get more work from its existing clients, it needs to have a business development function. Accordingly, any law firm needs to hire people who know how to bring in business. Some law firms rely on their partners to generate business; that’s the typical…
  • 1-Question Survey: How Does In-House Hire Outside Litigation Counsel?

    10 Oct 2014 | 1:15 pm
      by Ken LopezFounder/CEOA2L ConsultingAs part of A2L's jury consulting, litigation graphics and litigation consulting work, I routinely have the privilege of closely observing some of the best litigators in the business. I get to watch their preparation styles and see how they perform at trial. I also have a chance to witness opposing counsel's performance at trial. The comparisons between the two are fascinating for me. Chances are, if a litigator is working with A2L (or a firm like ours), they are at the top of their game. This is true because that litigator is likely comfortable…
  • 14 Differences Between a Theme and a Story in Litigation

    9 Oct 2014 | 6:16 am
      by Ken LopezFounder/CEOA2L ConsultingTwenty years ago in my trial advocacy class, we talked a lot about developing a theme for a case. We learned to say things in an opening statement like, "this is a simple case about right and wrong" or "no good deed goes unpunished." The goal of developing and communicating a theme is to give your fact-finder(s) an organizing principle that they can fit the evidence into neatly. However, for as much as we talked about themes, one thing I was not taught much about in law school was storytelling. The two devices, themes and storytelling, are…
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    New Jersey Injury Attorney Blog

  • Workers Injured in New Jersey Factory Explosion

    20 Oct 2014 | 2:09 pm
    Several people were injured at a New Jersey factory when a four-alarm blaze broke out following an explosion. According to a CBS New York news report, the factory accident occurred at Crest Foam Industries on Carol Place in Moonachie. Of the 17 employees in the factory, four were hospitalized with head injuries after the explosion. Officials worried that dangerous toxins may have been released into the air, but tests proved negative. An investigation is underway into the cause of the explosion, but officials know that workers were mixing hydrogen and oxygen to make polyurethane foam at the…
  • Teenager Killed in New Jersey Truck Accident

    13 Oct 2014 | 1:08 pm
    A 19-year-old Bridgewater man was killed in a New Jersey car accident when his 2005 Dodge Ram burst into flames after being struck by a 2015 Mack truck. According to a an Associated Press news report, the fatal truck accident occurred on Route 22 at Cramer Avenue in Green Brook. Officials say the pickup was stopped for a red light when the larger truck plowed into it. The teen's pickup burst into flames, and he was fatally injured. Whenever someone is killed in a New Jersey car accident, it must be determined who was at fault and how the crash could have been prevented. In many cases, the…
  • 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…
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  • Choose a Suitable Law Firm in California for Car Accident Matters

    1 Oct 2014 | 4:09 am
    Personal injury matters are very vast in form. These matters involve case pertaining to motor vehicle accidents, truck accidents as well as dog bites. An injury lawyer in California is commonly known to handle matters pertaining to car accidents. However, the scope of an injury lawyer also extends in handling matters pertaining to negligence. It is important to choose a law firm in California that successfully helps clients dispose of their cases with efficacy. Prior to selecting your preferred law office, you have to check several factors that can play an integral part in giving you optimal…
  • Get In Touch With Reputed California Car Accident Lawyer Online

    29 Sep 2014 | 4:07 am
    Facing accidents is a common phenomenon and could happen to anyone. Most of the road accidents occur to due breaking of signal, changing lanes or over-speeding. You may get hurt even if you are not at fault. If you faced an accident while riding or get hit by a car, it is a devastating situation. It gets you in a fix as you do not know how to handle the situation. With injuries, your medical expenses go up. If you have to undergo a surgery, you may even have to take a leave from work for a few days and incur high medical expenses. This becomes a very stressful situation to be in. to able to…

    28 Sep 2014 | 10:09 pm
    The true ancestor of vehicles we see today was the petrol/gasoline powered auto-mobile the Benz Patent-Motor-wagon invented by Karl Benz in 1886. After that no one looked back. A new era of human transportation was initiated. But as with all other things advancements in technology often has negative effects which although are not seen clearly initially but in the long run turn out to be disastrous. Car accidents are the by-product of the evolution seen in motor vehicles. It was Henry Hale Bliss who was the first person to be killed by motor vehicle accident on 12th September 1899 in United…
  • Various Legal Services Offered By Law Firm in California

    27 Sep 2014 | 4:02 am
    Legal matters need to be handled well by the experts alone. People are seen to neglect many such issues. However, there are numerous instances that require their attention. There are a number of law firms in and around California and it is wise that you seek help from a reliable one. Ensure the firm you are hiring, offer services as described on the site. There are some firms who claim to offer the best legal representation but do not as expected. This can be very disturbing especially when they have charged you handsomely. To ensure you do not come across such a situation it is highly…
  • Acquire Legal Assistance & Consultation from Personal Injury Attorney California

    25 Sep 2014 | 3:53 am
    Personal injury is an umbrella term for a range of accidental conditions. A vehicular accident is just one of the circumstances that qualify for legal action. If you consult an experienced Personal Injury Attorney California, he will educate you with a number of conditions with which you can incriminate the guilty party. These include motor accidents, truck accidents, car mishaps, injuries due to erroneous construction work, boats, aviation, toxic emission, and so on. The list is inexhaustible and more importantly, valid under certain conditions. Firstly, the affected individual must show…
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    Alabama Workers Comp Blawg

  • Alabama Court of Appeals Reverses Itself in Attorney Fee Case

    13 Oct 2014 | 2:49 am
    On October 10, 2014, the Alabama Court of Civil Appeals released its opinion in the case of Arthur Barney v. Elizabeth Bell, as personal representative of the estate of Maurice Bell, deceased, and William Clay Teague. This case was before the Court for a second time, because Barney filed an Application for Rehearing after the Court ruled against Barney on July 18, 2014. A summary of the facts of the case and the Court of Appeals’ first opinion can be found here. On rehearing, the Court reversed itself and the trial court, holding that Barney’s attorneys were not entitled to…
  • The Alabama Workers’ Comp Blawg is Seven Years Old

    22 Sep 2014 | 1:16 am
    Today the Alabama Workers’ Comp Blawg celebrates another birthday. We would like to take this time to thank all of our readers who have helped to make a go to reference for Alabama workers’ compensation over the last 7 years!
  • Alabama Court of Civil Appeals Reverses Permanent and Total Disability Award as Premature

    9 Sep 2014 | 5:36 am
    On August, 8, 2014, the Alabama Court of Civil Appeals released its opinion in Fab Arc Steel Supply, Inc. v. Timothy Dodd wherein it reversed a permanent and total disability award. Among the several issues on appeal, the Court considered whether there was enough evidence to support a finding that an L-1 herniation that was asymptomatic for more than a year following the accident was causally related to the accident. The Court also considered whether a determination of permanent disability could be made when the employee was not yet at maximum medical improvement (MMI). In addition, the Court…
  • Alabama Court Rules Exemption From Coverage Must be Revoked

    8 Sep 2014 | 8:17 am
    Hooks v. Coastal Stone Works, Inc. Released September 5, 2014 The Alabama Court of Civil Appeals ruled that an officer of a corporation must take action to revoke previous certification of exemption from workers’ compensation coverage pursuant to § 25-5-50(b). On May 24, 2006, Hooks, along with two other officers of Coastal Stone Works, Inc., signed a certificate of exemption to be exempted from coverage under the Alabama Workers’ Compensation Act pursuant to § 25-5-60(b). On November 23, 2011, Hooks was injured and sought benefits under the Alabama Workers’…
  • DEA Reclassifies Hydrocodone

    28 Aug 2014 | 11:26 pm
    In an effort to reduce painkiller abuse and misuse, the Drug Enforcement Agency (DEA) announced last week that it is reclassifying hydrocodone as a Schedule II Controlled Substance. Under the new regulation, which will go into effect on October 5, 2014, doctors will no longer be able to call in prescriptions for drugs like Lortab and Vicodin. Additionally, patients will only be allowed one 90-day prescription per doctor visit, and will have to actually see their doctor in person before obtaining a refill. According to DEA Administrator Michele Leonhart, "Almost seven million Americans…
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    Wexler Wallace Law Firm Blog

  • Generic Drug Labeling: The Saga Continues

    Corey Raines, Associate
    22 Oct 2014 | 7:56 am
    Almost a year ago, I eagerly wrote about the FDA’s proposed rule that would permit generic drug manufacturers to unilaterally change the warnings on their product labels, effectively overturning the Supreme Court’s decision in PLIVA v. Mensing. Currently, a generic
  • You Might Be Able to Avoid Forced Arbitration, Even in 2014

    Kara Elgersma, Partner
    6 Oct 2014 | 11:01 am
    The Seventh Circuit has recently upheld litigants’ rights to pursue their claims in court rather than in arbitration in two cases: Druco Restaurants, Inc. v. Steak ‘n Shake Enterprises, Inc. et al., No. 13-3489, 2014 U.S. App. LEXIS 16869 (7th
  • Corinthian Colleges, Inc. and the Misappropriation of the American Dream

    Tyler Story, Associate
    30 Sep 2014 | 11:35 am
    Earlier this month, the Consumer Financial Protection Bureau (“CFPB”) filed a complaint against Corinthian Colleges Inc., a publicly-traded, for-profit network of schools, accusing it of running a predatory lending scheme.[1] The complaint alleges, among other things, that Corinthian: inflated job placement
  • 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)
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    Pam Woldow's At the Intersection

  • Straight From the Horse’s Mouth – GCs Say What They Want From Outside Firms

    Pam Woldow & Doug Richardson
    15 Oct 2014 | 3:53 pm
      We recently attended a private meeting held in Panama with the General Counsel of 35 global corporations. Given the differences in their businesses, geography, cultures and operational envelopes, one would surmise that they saw their practices, priorities and peeves quite differently.  Not so: it would be fair to say that there were more areas of concordance in their thinking as there were differences and disagreements.  Plain speaking was the order of the day. Their responses were particularly telling – and particularly outspoken – when we propounded a broad meta-question: What…
  • Making Your Net Work

    Pam Woldow & Doug Richardson
    12 Oct 2014 | 10:35 am
    When we hear business development-oriented lawyers talk about all the wondrous things evolving social media technology can do to their (or their firm’s) market visibility and reach, we’re reminded of the story of the backwoods recluse who wins a new automatic dishwasher in a contest. When a neighbor runs into him in town and asks how he likes this life-changing bit of modern technology, the rustic shakes his head and scoffs, “well, it ain’t worth a tinker’s damn.  I’ve had it for two weeks now, and so far it hasn’t even cleared the table.” Skilled social media navigators…
  • Cutting Corners, Part IV: The Readers Speak

    Pam Woldow & Doug Richardson
    26 Sep 2014 | 9:40 am
    If one purpose of a blog is to provoke spirited debate, we surely succeeded in our recent posts on whether client-driven pressures for greater efficiency and cost control compel outside counsel to “cut corners” in legal service delivery.  Our premise that “an inevitable dog fight erupts whenever lawyers try to discuss quality and cost in the same sentence” proved to be true.  Passionate and pointed comments filled our email inbox. So now it’s time take the microphone out into the audience and let you hear different voices first hand. On Guard, Sir Unsurprisingly, we heard from law…
  • 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 force 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…
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    Idaho Criminal Defense Blog

  • Fight that Ticket!

    Chuck Peterson
    7 Oct 2014 | 1:36 pm
      Peterson Lawyers associate attorney Will Young tells us to "challenge that speeding ticket! Speaking from experience, getting ticketed for speeding is not a fun experience. Seeing red and blue lights in your rearview mirror is not a good feeling. I realize speeding is not even close to the worst thing you can be accused of, it can still impact your life in many ways. Penalties for a speeding infraction include: steep fines, insurance rate hikes, and added points on your driving record. In the past, I have just paid the ticket and tried not to speed in the future. Recently I have…
  • "Can I be convicted of DUI if I blow less than .08?"

    Chuck Peterson
    11 Aug 2014 | 9:49 pm
     This weekend I received an inquiry from someone who had been convicted after the judge instructed the jury it could find him guilty of DUI even if it did not find he had a breath alcohol level above .08%. He complained that by instructing the jury on the alternate theory - that his driving pattern established he was operating a motor vehicle while under the influence of drugs or alcohol - the Court had insured he would lose! Had it? There are two ways to convict a person of DUI - either proof beyond a reasonable doubt that the defendant's blood alcohol concentration was higher than…
  • Zach Neagle is Free - Now He Must Work to Stay Free

    Chuck Peterson
    7 Aug 2014 | 4:17 pm
     Back in June of 2009, I posted that Zachary Neagle had become a client. He was charged with murder - having shot his father in the head as he was asleep on a couch in their home. The case presented the ultimate challenge; convincing folks that Zach killed his father to protect his younger brother and sister from the sexual assaults he had been subjected to. Zach was charged as an adult, but the picture shows just how juvenile he was, wrapped in chains and clad in a yellow jumpsuit. He was just a kid. Idaho law provided that if Zach went to trial and lost - a jury not believing he had to…
  • THERE ARE NO SMALL CASES! Hire a lawyer for that misdemeanor charge and go to trial!

    Chuck Peterson
    23 Jul 2014 | 4:21 pm
     Attorney Will Young, an associate at Peterson Lawyers writes todays post on misdemeanor cases. So, you have been charged with a misdemeanor. You are probably feeling overwhelmed, nervous, and at least a little bit confused about the process ahead of you. What Is A Misdemeanor? A misdemeanor is defined as any “lesser criminal act.” Misdemeanors are punished less severely than a felony, generally including any crime punishable with jail time for one year or less (with some exceptions). This includes: petty theft, simple assault, disturbing the peace, trespass, vandalism,…
  • Our New DUI Website is up - DUI in Idaho

    Chuck Peterson
    22 Jul 2014 | 12:00 pm
     We have been working on a new site specifically designed to provide more information for folks charged with driving under the influence of drugs or alcohol - DUI. Click here to visit the site and learn even more about DUI in Idaho. The site is a work in progress, but it may help answer your questions with respect to this serious charge.  And if you need to talk - give us a call.     
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    New Jersey Injury Attorney Blog

  • Workers Injured in New Jersey Factory Explosion

    20 Oct 2014 | 2:09 pm
    Several people were injured at a New Jersey factory when a four-alarm blaze broke out following an explosion. According to a CBS New York news report, the factory accident occurred at Crest Foam Industries on Carol Place in Moonachie. Of the 17 employees in the factory, four were hospitalized with head injuries after the explosion. Officials worried that dangerous toxins may have been released into the air, but tests proved negative. An investigation is underway into the cause of the explosion, but officials know that workers were mixing hydrogen and oxygen to make polyurethane foam at the…
  • Teenager Killed in New Jersey Truck Accident

    13 Oct 2014 | 1:08 pm
    A 19-year-old Bridgewater man was killed in a New Jersey car accident when his 2005 Dodge Ram burst into flames after being struck by a 2015 Mack truck. According to a an Associated Press news report, the fatal truck accident occurred on Route 22 at Cramer Avenue in Green Brook. Officials say the pickup was stopped for a red light when the larger truck plowed into it. The teen's pickup burst into flames, and he was fatally injured. Whenever someone is killed in a New Jersey car accident, it must be determined who was at fault and how the crash could have been prevented. In many cases, the…
  • 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…
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    PA Workers Compensation Lawyer. » Articles

  • Workers Compensation Benefits: Common Questions Answered

    15 Oct 2014 | 9:57 am
    Injured workers have lots of questions about their workers compensation benefits. We have listed answers to a few of these questions below.  For answers to your specific workers compensation law question, feel free to call and speak to a Bulldog Lawyer at 866-462-8553 ( Se Habla Español ).  Types of Benefits Employment has its benefits. Generally we consider the following as parts of a claim: Lost Wage Earnings Specific Losses (e.g. loss of a finger) Death Benefits Minor’s Benefits when illegally employed Medical Benefits All of the above are considered when determining if their…
  • Partial vs. Total Disability

    15 Oct 2014 | 9:45 am
    Partial Disability If you are not totally disabled, then you must be partially disabled. That is how the workers compensation laws work. It is one or the other. The percent of your disability is based on the percent of loss in earning power. What is earning power? Earning power is determined what the work that is available that you are able to perform. It can also be determined by a labor market survey showing the wages for work you are able to perform. It could also be determined by returning to work to a job where you can not work full hours or by job performance that results in less paid…
  • The PA Workers’ Comp Process

    8 Jun 2014 | 11:03 am
    Worried About Losing Your PA Work Compensation Payments? If you suffer a workplace injury or illness in Pennsylvania, you may be entitled to workers’ compensation. This step-by-step guide explains how to file a claim and how to appeal if your claim is denied. You report your injury.  If you are injured at work or suffer a work-related illness, you must report that injury or illness to your direct supervisor or employer within 21 days. Claims made after 120 days will be denied, except for claims involving progressive diseases, such as occupational lung disease, mesothelioma, and certain…
  • 2013 Client Appreciation Day

    19 May 2014 | 9:11 am
    These photos are from the two client appreciation days that were held in the summer of 2013. Shor and Levin has been holding at least one client appreciation day every year for many years. The 2013 client appreciation days were held at Knoebels Amusement Resort in upstate Pennsylvania. There was plenty of free food, drinks and rides for the entire family and everyone had a fantastic time. This year’s client appreciation day will also be held at Knoebels on July 25, 2014. Please contact Michele at 1-800-681-7000 for information. The post 2013 Client Appreciation Day appeared first on PA…
  • How to Decide Whether You Need a Workers’ Compensation Lawyer

    17 Mar 2014 | 6:17 am
    A Pennsylvania worker who is hurt at work or becomes ill as a result of a job has the right to be represented by an attorney throughout a workers’ compensation claim. However, the law does not require a worker to retain counsel. Deciding whether to pursue a claim with the assistance of an attorney is a personal decision. If any of the following circumstances apply to you, it is likely in your best interest to hire a Pennsylvania workers’ compensation attorney: Your employer isn’t forthcoming with claim information. Your employer is required by law to provide information about workers’…
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    Simmons & Fletcher » Blog

  • Blind Spots and Maintaining a Proper Lookout By Truck Drivers

    Paul Cannon
    20 Oct 2014 | 7:05 pm
    Every driver has a duty to maintain a proper lookout.  This means that driver must exercise ordinary care and prudence to observe the obstructions and traffic on the road that may pose a hazard to them in such time that …The post Blind Spots and Maintaining a Proper Lookout By Truck Drivers appeared first on Simmons & Fletcher.
  • Federal Regulations Regarding Drug Use By Commercial Truck Drivers

    Paul Cannon
    18 Oct 2014 | 6:11 am
    There are very strict rules that prohibit a truck driver from using or even possessing controlled substances while on duty. The Federal Motor Carrier Safety Administration (FMCSA) in conjunction with the Department of Transportation (DOT) promulgate rules via the Code …The post Federal Regulations Regarding Drug Use By Commercial Truck Drivers appeared first on Simmons & Fletcher.
  • 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.
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    Loyalty Law

  • How Do Road Traffic Accident Injuries Affect Whiplash?
    24 Oct 2014 | 6:40 am
    There are many pre-existing conditions that can complicate whiplash injuries, and lead to a more difficult recovery. These range from physical conditions, such as arthritis, to mental conditions, such as...
  • What Are The Effects Of Chronic Whiplash?
    17 Oct 2014 | 5:41 am
    Chronic whiplash, also known as whiplash syndrome, is used to refer to whiplash symptoms that last longer than six months. The symptoms and long-term effects associated with chronic whiplash are...
  • What Other Factors Affect Whiplash?
    4 Oct 2014 | 8:08 am
    Whiplash is not just affected by speed of collision. Whiplash can also be made more or less severe by who you are, how your headrest is positioned, and even level...
  • Essential Procedures For Bike Owners: How To True A Bike Wheel
    25 Sep 2014 | 9:56 am
    Following on from our five simple procedures for new bike owners, here’s our guide to Trueing a bike wheel. Since this is intended as a guide for new bike owners,...
  • Whiplash At Different Ages
    27 Aug 2014 | 4:06 am
    Whiplash affects people with different conditions in different ways. For that reason, the amount of damage caused by whiplash varies greatly from person to person. Similarly, it affects people differently...
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    Oklahoma Personal Injury Blog

  • One Woman Killed in Edmond Intersection Accident

    Maples Law Firm
    13 Oct 2014 | 12:57 pm
    According to a report in, on the afternoon of October 6, there was a fatal two-vehicle collision involving a red Corvette and a dark SUV on Danforth Road and Kelly Avenue in Edmond. The passengers of the red Corvette, a husband and wife in their mid-50’s, were transported to OU Presbyterian Hospital. The wife later died as a result of her injuries. At the time of the report, the husband was in serious condition with a head injury. The driver of the dark SUV was treated at a separate Edmond hospital. None of his injuries were life-threatening. Allegedly, the Corvette and the SUV…
  • Oklahoma Court Upholds Family’s Right to Pursue a Wrongful Death Claim on Behalf of Nursing Home Resident

    Maples Law Firm
    6 Oct 2014 | 8:14 am
    The Supreme Court of Oklahoma recently found that a nursing home arbitration agreement is not binding to beneficiaries or next of kin in the event of a wrongful death claim. The opinion arose from a case involving clients of the Maples Law Firm, a family seeking compensation following the death of a loved one at an Oklahoma City nursing home. According to court documents, in 2010, a then 87-year-old woman was admitted to the Grace Living Center. As part of admission, the woman’s daughter, acting as her representative, signed a Dispute Resolution Provision stating that any legal matters…
  • Elder Care Advocates Outraged Over Lack of Charges against Abusive Aide

    Maples Law Firm
    6 Oct 2014 | 1:26 am
    On May 9, 2010, Virginia Hicks, a resident at an Oklahoma City nursing home called Epworth Villa, suffered a broken wrist when an aide allegedly grabbed her arm with much too force. After the incident, a lawsuit was brought against Epworth Villa. District Judge Patricia Parrish found the aide’s actions to be “atrocious” and “utterly intolerable.” She ruled that the nursing home was liable for the abuse and ordered them to provide $15 million in damages, effectively bankrupting the owners. However, criminal charges have not been brought against the aide who had injured the elderly…
  • Bicyclist Injured in Oklahoma City Intersection Crash

    Maples Law Firm
    29 Sep 2014 | 9:05 am
    A bike rider was injured in an Oklahoma car accident that occurred near an intersection. According to a News 9 report, the bicycle accident occurred at Sheridan and Western in Oklahoma City the morning of September 24. Officials have not released any information regarding how or why the accident occurred. The bike rider was transported to a nearby hospital in good condition. It is not clear if the driver will be cited for the crash. There are many reasons why so many Oklahoma bike accidents occur near intersections. It is common for riders to put themselves in danger by running through red…
  • Citizen Advocacy Group Gives Oklahoma Nursing Home a Failing Grade

    Maples Law Firm
    22 Sep 2014 | 8:48 am
    Families for Better Care, Inc. is a citizen advocacy group that acts as a watchdog of nursing homes for residents and their families. According to a recent NewsChannel 4 report, the group gave Oklahoma nursing homes a failing grade. The report states that local nursing home residents are living in dangerous conditions and that immediate and decisive action is required to keep the elderly safe. Out of the 50 states and the District of Columbia, Oklahoma ranked 49th in providing “safe, quality nursing home care and security,” the report stated. In response to the ranking, Oklahoma…
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    » Blog

  • Premises Liability: Slip & Fall Accidents

    Jay Solnick
    23 Oct 2014 | 5:52 am
    When you go over to your friend’s house, you are there as a visitor. Usually, if you were invited that makes you a licensee. When you show up at a restaurant, store, or similar location, you are considered an invitee. These are legal words that simply dictate the level of responsibility an owner has to their visitors. Store and restaurant owners, places where people are constantly coming in/out for a particular purpose, have a high standard of care to their customers. This means they must keep their premises clean, clear of danger, and reasonably safe. This also means that they must…
  • Hard Hat Area: Construction Injuries

    Jay Solnick
    21 Oct 2014 | 5:50 am
    Construction accidents are among the most common and catastrophic of all workers’ compensation claims. Considered one of the most dangerous workplaces for American workers, over 20 percent of work-related injuries were in construction in 2013. Four primary causes accounted for more than half of construction worker deaths last year: falls, being struck by an object, electrocutions, and getting caught between items. The Occupational Safety and Health Administration (OSHA) has worked hard to decrease workplace fatalities by nearly 70 percent over the last four decades. Despite these great…
  • Public Transit in Philadelphia: On the Rise

    Jay Solnick
    17 Oct 2014 | 5:00 am
    Offering an assortment of trains, busses, trolleys, and shuttles, the Southeastern Pennsylvania Transportation Authority (SEPTA) seems to really have it together. Just this month, Philadelphia Magazine reported a four percent increase in ridership on regional rail trains this year and a fifty percent increase since fifteen years ago. Additionally, this summer, SEPTA decided to extend rider’s hours on the weekend service—now making subway service available 24/7 Friday-Sunday. Riders speculate this may eventually lead to 24/7 service 7 days a week. Safety Benefits of Public Transportation…
  • Social Security Claims in Pennsylvania

    Jay Solnick
    15 Oct 2014 | 7:45 am
    When you are struck with illness or long-term disability, you may be unable to work. If injured while at work, you may have a workers’ compensation case—a legal claim that pays employees a portion of their salary from the employer’s workers’ compensation insurance. The vast majority of the time, however, injuries and serious medical conditions are not a direct result from work, and people are not eligible for such benefits. The United States has a vast Social Security system designed to protect individuals that fall into this category. Through Social Security Disability (SSDI) or…
  • Pennsylvania Workers’ Compensation 101

    Jay Solnick
    10 Oct 2014 | 8:42 am
    Workers’ compensation is the term for the insurance most employers are required to carry by law. This insurance serves to protect employees from financial losses that may occur due to on-the-job injury. While workers’ compensation claims can arise from nearly any type of physical injury, these claims are most commonly brought in high-risk occupations such as construction, factory, or manual labor work. For more information about Pennsylvania workers’ compensation claims, click here or here. The United States Occupational Safety and Health Administration (OSHA) is the primary force…
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    Baron & Budd, P.C. | Protecting What's Right

  • Baron and Budd Investigating Trucking Accident Lawsuits

    Baron & Budd
    16 Oct 2014 | 1:31 pm
    Thousands Killed, Many More Injured in Serious Truck Accidents Each Year DALLAS (October 16, 2014) – The truck accident lawyers at Baron and Budd are now investigating commercial trucking accidents that result in serious injuries or fatalities. According to a news report that cited statistics from the National Highway Traffic Safety Administration (NHTSA), in 2012, nearly 4,000 people were killed in accidents involving commercial semi-trucks and buses – a 4 percent increase from the previous year. In many instances, these accidents are caused by overworked truck drivers and poorly…
  • Baron and Budd Named to Inaugural America’s Elite Trial Lawyers List by The National Law Journal

    Baron & Budd
    22 Sep 2014 | 1:03 pm
    Prestigious List Selects 50 Prestigious Law Firms That are Doing the Most Substantial, Influential Work on Behalf of Plaintiffs DALLAS (September 22, 2014) – This week, the law firm of Baron and Budd was named to America’s Elite Trial Lawyers by legal publication The National Law Journal in partnership with The list is comprised of just 50 law firms from across the nation that have achieved significant, groundbreaking results on behalf of plaintiffs within the past year and have an established track record of delivering impressive results. Firms…
  • 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…
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    News From Dallas Appellate Attorney Chad Ruback

  • Appellate Judges Education Institute seminar in Dallas, TX

    Chad Ruback
    29 Sep 2014 | 12:15 pm
    The American Bar Association’s Judicial Division and Southern Methodist University’s Dedman School of Law will be hosting a seminar in Dallas, Texas from November 13-16, 2014.  The seminar will be co-hosted by the ABA’s Council of Appellate Lawyers and the ABA’s Council of Appellate Staff Attorneys. Among the many speakers will be U.S. Supreme Court […]
  • 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 […]
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    Protecting What's Right

  • “Black Box” Data – What You Need to Know, Part 1: What a Truck’s Black Box Could Reveal in a Trucking Accident Case

    Kirsten Soto
    21 Oct 2014 | 8:41 am
    When most people here the term “black box,” they think of airplanes. In fact, many people don’t realize that most passenger cars, and many trucks, buses and other commercial motor vehicles (“CMVs”) also have black boxes. These event data recorders (“EDRs”), commonly known as black boxes, often contain a wealth of information about the events that occurred immediately prior to and during a serious collision. Part one of this two-part series outlines some of the critical information that can be found in a truck’s black box when there is a serious…
  • Why I Don’t Ask “Why?” Anymore

    Aaron Horton
    16 Oct 2014 | 1:14 pm
    by Aaron Leigh Horton/The Mesh Warrior In March of 2011, I set out in earnest, with my mother to walk through the landmine that is transvaginal mesh. It’s now been well over three and a half years since that time and very close to five years since she was implanted with transvaginal mesh. The question I began with was simply, “Why?” but with a thousand iterations. WHY would a skilled, fellowshipped, female urogynecologist ever entertain the notion of inserting a permanent polypropylene implant, through a non-sterile field (the vaginal canal), with absolutely no thought put…
  • “Why Is This Still Being Prescribed?” A Look at Avelox and the FDA

    Baron & Budd
    13 Oct 2014 | 4:09 pm
    Given just how many patients have suffered at the hands of fluoroquinolone antibiotics — one of the most commonly prescribed class of antibiotics in America — like Avelox and Levaquin, and given the work that many of these patients have done to speak up about the injuries attributed to these drugs, it’s hard to understand why antibiotics like Avelox and Levaquin are still commonly prescribed today for routine infections. We can’t say why exactly because, the truth is, we don’t know. What we can say is our Avelox and Levaquin lawyers are working to protect patients from…
  • Asbestos, America’s Legal Killer: Why Is Asbestos used?

    Baron & Budd
    10 Oct 2014 | 1:00 am
    Asbestos is used because of its desirable physical properties. Sound absorption, strength, fire resistance and, of course, low cost. It comes down to being small yet strong. While asbestos fibers are microscopic in nature, they are also durable. Fire and most chemical breakdowns and reactions have nothing on asbestos. That’s why asbestos was used for so many years in both commercial and industrial industries. The sad thing is it’s not so much “used to” as “still.” While the use of asbestos started to slow in the late 1970s once people started learning that…
  • Asbestos, America’s Legal Killer: 31,000,000 metric tons of asbestos have been consumed in the United States since 1900.

    Baron & Budd
    3 Oct 2014 | 4:11 am
    31,000,000 metric tons of asbestos have been consumed in the United States since 1900. That’s equal to over 6,213,027 elephants. You know what else that’s equal to: Way too much. Asbestos is consumed in a number of ways. The important thing for you to know is two-fold. One, asbestos use has declined since the 1970s — meaning the asbestos used in homes pre-1980 are much more likely to have asbestos in them than homes built after 1980. Two, despite the decline in asbestos use, it is still used today. In fact, the rules are that anything can be made with asbestos in it, as long as…
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    Hardwick & Pendergast - Seattle Personal Injury and Car Accident Attorneys

  • Bike Lane Accidents Results in Additional Changes

    Hardwick & Pendergast, P.S.
    13 Oct 2014 | 11:51 am
    Now that the new Second Avenue bike lane is being used, Seattle officials are reviewing incidents that occur there to make it safer. One of the adjustments made to the newly designed roadway was the removal of some on-street parking to improve sight lines. Now that a couple of accidents have occurred at the same portion of the road, more changes are on the way. Two bike accidents occurred in the first week of October 2014 on Second Avenue near Union Street. According to a news report in The Seattle Times, one accident occurred when a car turned left in front of a cyclist and the other…
  • Child Injured in Seattle Hit-and-Run Crash

    Hardwick & Pendergast, P.S.
    7 Oct 2014 | 5:03 pm
    A 7-year-old girl has been critically injured in a Seattle car accident involving an SUV that drove away from the crash site. According to a King 5 news report, the hit-and-run accident occurred near the intersection of Martin Luther King Way and Genesee Street in Seattle. Officials say the girl was walking home from Kimball Elementary School after a tutoring class with her older sisters when a red or maroon Chevy Tahoe ran her over and drove away. Witnesses say the girls had the right-of-way. The young victim improved from critical to serious condition overnight. Authorities are looking for…
  • What to Do if You Have Been Injured in a Seattle Bicycle Accident

    Hardwick & Pendergast, P.S.
    1 Oct 2014 | 8:07 am
    Immediately following a Seattle bicycle accident, you may feel panic or confusion. However, it is important to take a deep breath and to remember that your actions may affect your ability to receive financial compensation for your injuries, damages and losses. If you have been injured in a bicycle accident, you can take the following steps to ensure that you are safe and that your rights are protected: Get to safety. If you are physically able to move, get out of the street. You are at risk of being struck a second time as long as you are on the road. Check for injuries. When adrenaline is…
  • 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…
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    Farah and Farah Legal Blog

  • Three Men Arrested Following Beating in Daytona Beach

    Farah & Farah
    13 Oct 2014 | 5:14 pm
    A former Flagler County deputy and two other men were arrested for the beating and robbery of a Nebraska man over the weekend. WKMG-6 reports the victim was assaulted outside of Lollipops Gentlemen’s Club in Daytona Beach late Saturday night. The three men, all bouncers at the club, were caught on surveillance punching, kicking and robbing the individual after he had been knocked to the ground. Charges against the three range from aggravated battery to robbery, with the victim insisting he will press charges. Witnesses to the incident including the manager, indicate however, that the…
  • Jacksonville Man Dies in Truck Accident

    Farah & Farah
    7 Oct 2014 | 8:31 am
    A Jacksonville area tow truck driver is dead and another trailer truck driver is in custody after a fatal crash on Interstate 10, between U.S. 301 Cecil Commence Center Parkway. Reports from WJXT News 4 indicate the wreck occurred shortly before midnight near Otis Road, just west of the Parkway. Florida Highway Patrol suggests that the semi-truck being driven east collided with the rear of the tow truck heading in the same direction. Upon collision the tractor-trailer driver lost control, crossed the median into the westbound lane before crashing into the tree line. The tow truck, driven by a…
  • Is The Worst Speed Trap in the Country In Waldo, Florida?

    Farah & Farah
    30 Sep 2014 | 12:30 pm
    It is a speed trap so notorious that the Automobile Association of America (AAA) named it one of only two “traffic traps” in the entire country. In fact, AAA was so incensed by the speed trap in the little town of Waldo, which sits on the junction of Highway 301 and 24 between Jacksonville and Gainesville, Florida, that it actually erected a billboard outside the town, warning residents to slow down before entering. If you are driving through Waldo, you should be advised that the speed limit changes six times along the short stretch of highway that runs through the city. Is it a speed…
  • We’ve Been Assigned a Parenting Coordinator: What Does That Mean?

    Farah & Farah
    22 Sep 2014 | 8:19 am
    Sometimes in contentious divorce cases where parents cannot agree on a parenting plan for their children, a family law court in Florida will assign a parenting coordinator to help a couple resolve disputes regarding parenting decisions. A parenting plan is required for parents who are going to share joint legal custody of their children. The plan covers decisions in areas of visitation, vacation, education and other activities. A parenting coordinator must be qualified under Florida state statute and is held to strict standards as to what their roles are. A parenting coordinator essentially…
  • 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…
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    Pennsylvania Family Law Blog - The Law Offices of Sheryl R. Rentz

  • Money Can’t Buy Love or a Lasting Marriage

    Sheryl Rentz
    20 Oct 2014 | 2:27 pm
    When it comes to weddings, the popular opinion (at least as far as the wedding industry is concerned) is that bigger is better. A lavish ceremony, an oversized diamond ring, and an elaborate after party are all touted as the ideal beginning to happily ever after. However, according to a study by Emory University in Atlanta, the more money a couple pours into tying the knot, the higher the probability the couple will soon follow their “I do’s” with divorce. The study examined data contributed by more than 3,000 people throughout the U.S. who have been married and found the following…
  • Three Ways to Survive Your Divorce with Integrity

    Sheryl Rentz
    7 Oct 2014 | 8:34 am
    When it’s time to end a marriage, most people find themselves in a state of emotional turmoil. It’s important to honor your feelings during this time and to seek help from a doctor or therapist if necessary. But it is also important to keep your head and to be willing to focus on “business” matters – especially if yours is a high-asset divorce. Experienced Pennsylvania divorce attorneys recommend these three steps to helping you navigate the divorce process with integrity and give yourself the objectivity you need to ensure your needs and those of your children are met: Set…
  • Wife of Billionaire Asks to Void Prenup

    Sheryl Rentz
    22 Sep 2014 | 1:39 pm
    All divorces have the potential to become messy and stressful. This is especially true in a high-profile divorce cases involving millions and even billions of dollars. In one such divorce case, the wife of a multibillionaire hedge fund manager is asking a judge to dismiss her prenuptial agreement. If successful, she could have much greater access to her husband’s $5 billion-plus fortune instead of the one percent she is eligible for through the prenuptial agreement. If the prenuptial agreement stands, she will receive an estimated $50 million. This could result in the largest divorce…
  • Do Grandparents Have the Right to Child Custody in Pennsylvania?

    Sheryl Rentz
    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

    Sheryl Rentz
    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…
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    About Florida Lawyers & Attorneys

  • Eagle Lake Florida Criminal Defense Lawyer

    Florida's Top Rated Attorney
    25 Oct 2014 | 9:20 am
    The Best Eagle Lake Florida Criminal Defense Lawyer in Florida can be found by visiting The Best Eagle Lake Florida Criminal Defense Lawyer in Florida can be found by visiting The lawyers at the Eagle Lake Florida Legal Firm are merely the most amazing choice legal office that can be found in Florida. Whenever you completely demand to win your case, the Eagle Lake Florida Law Firm are the ones to contact. This law team wins cases and that is something that you can take to the bank! Both clients and peers alike place the Eagle Lake Florida…
  • Lawyer Gets License Suspended For 3 Years After Fourth Cocaine Conviction – CBS Local

    Lawyer - Google News
    25 Oct 2014 | 8:41 am
    CBS Local Lawyer Gets License Suspended For 3 Years After Fourth Cocaine ConvictionCBS LocalMUSKEGON (WWJ/AP) – A Michigan lawyer will lose his ability to practice law for three years due to a 2013 cocaine conviction, his fourth such offense. Terry Nolan, one of Muskegon's highest-profile trial attorneys, won't have a law license again until …
  • Bascom Florida Criminal Defense Lawyer

    Florida's Top Rated Attorney
    25 Oct 2014 | 7:23 am
    The Best Bascom Florida Criminal Defense Lawyer in Florida can be found by visiting The Best Bascom Florida Criminal Defense Lawyer in Florida can be found by visiting The lawyers at the Bascom Florida Legal Teams are merely the most unbelievable quality legal team that can be located in Florida. Whenever you completely want to win your case, the Bascom Florida Law Teams are the ones to address. These lawyers have a vast track record of wins under their belt and are certain to capture the best end product for you also. This Law Firm has a…
  • McIntosh Florida Criminal Defense Lawyer

    Florida's Top Rated Attorney
    25 Oct 2014 | 3:22 am
    The Best McIntosh Florida Criminal Defense Lawyer in Florida can be found by visiting The Best McIntosh Florida Criminal Defense Lawyer in Florida can be found by visiting The Best McIntosh, FL Criminal Defense Law Firm, The Legal Offices of McIntosh Florida, is thought of one of the top ranked Florida Criminal Defense Law Firms for a reason: they get the work done. If you utterly need to win your case, the McIntosh Florida Law Teams are the ones to address. From high-ranking profile cases to immediate motions, this team of attorneys have…
  • Former top Obama lawyer Kathryn Ruemmler nixes attorney general offer – New York Daily News

    Lawyer - Google News
    25 Oct 2014 | 2:32 am
    New York Daily News Former top Obama lawyer Kathryn Ruemmler nixes attorney general offerNew York Daily NewsWASHINGTON — Former White House counsel Kathryn Ruemmler has told President Barack Obama she doesn't want to be nominated for attorney general, after he asked her to consider succeeding Eric Holder, people familiar with the discussions told The …The President's Top Lawyer Doesn't Want to Be His Attorney GeneralThe Atlanticall 93 news articles »
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    MacGregor & Collins, LLP Law Blog

  • Timothy Lance Lai Finally Arrested in Corona Del Mar Cheating Scandal

    Randy Collins
    16 Oct 2014 | 10:35 am
    Timothy Lance Lai, 29, the tutor that has been at the center of a cheating scandal that rocked Corona Del Mar High School in Orange County since last summer was finally arrested as he was trying to re-enter the country at LAX.  Officers arrested Lai on October 6 and charged him with four felony counts of computer access and fraud and one count of second-degree commercial burglary. The Background Story of Cheating at a Top-performing Orange County High School A student told officers that Lai entered a classroom to install a keylogger device on a teacher’s computer in April 2012 after the…
  • Charlie Sheen Sued and May Face Sexual Battery Charges

    Randy Collins
    11 Oct 2014 | 9:26 am
    Charlie Sheen has a “bad boy” image that leaves him vulnerable to accusations of misconduct. The star of Anger Management is being sued by a dental technician who claims that he punched her and grabbed her bra. Sheen maintains that the allegations are false. The case illustrates the risk that celebrities will be unfairly targeted in litigation that is designed to extort settlements. The Accusation Sheen was given nitrous oxide in a dentist’s office while undergoing treatment for an abscess in his mouth. The dental technician who was assisting him told police that Sheen ripped off his…
  • 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…
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    PA Law Blogs

  • Shoulder Injury Related to Vaccine Administration

    Anapol Schwartz
    21 Oct 2014 | 7:00 am
    Patients experience a Shoulder Injury Related to Vaccine Administration (SIRVA) when an unintended injection into tissue underneath the shoulder’s deltoid muscle results in severe and persistent shoulder pain and restricted arm function. Examples of SIRVA include frozen shoulder from a flu shot and brachial neuritis. Frozen shoulder is commonly associated with the flu shot, but it can happen as an adverse reaction to any vaccine. Frozen shoulder symptoms include decreased range of motion as well as stiffness and shoulder pain that can last for years. Brachial neuritis also known as…
  • Pennsylvania Bus Accident Lawyers Assist Crash Victims

    Anapol Schwartz
    14 Oct 2014 | 11:54 am
    Parents entrust that the big yellow school bus will get their child to and from school safely.  Receiving a call informing them that their child was involved in a bus accident is every parent’s nightmare. For some parents, this nightmare is a little too real. Pennsylvania bus accident lawyers can obtain justice in this traumatic situation, and they can guide parents through the legal process so they can concentrate on helping their injured children recover. Jim Ronca, a car accident lawyer in Harrisburg PA, was voted one of the Top 10 Pennsylvania Lawyers because of his track record of…
  • Reporting a Vaccine Adverse Reaction

    Anapol Schwartz
    8 Oct 2014 | 8:31 am
    Vaccines prevent deadly diseases, but sometimes a rare but severe side effect can occur.  When a vaccine adverse reaction does occur, the injuries should be reported to the Vaccine Adverse Event Reporting System (VAERS). VAERS is a national safety surveillance program sponsored by the Centers for Disease Control and Prevention (CDC) and the U.S. Food and Drug Administration (FDA) that collects and monitors information about vaccine reactions to help identify important safety concerns. VAERS has received more than 200,000 reports about vaccine injuries since 1990, which range from mild side…
  • FDA Panel Votes to Enforce Strict New Limitations on Low-T Drugs

    Anapol Schwartz
    7 Oct 2014 | 8:40 am
    In September 2014, an advisory panel with the U.S. Food and Drug Administration (FDA) voted to impose strict new limitations on testosterone drugs. More than 2.3 million men are taking testosterone drugs to treat low testosterone, more commonly known as Low-T. Most of these men are taking testosterone drugs to treat symptoms largely resulting from aging, such as low energy and libido, according to the NY Times. If the FDA adopts the panel’s recommendations, testosterone prescriptions will be limited to men with serious medical conditions, such as pituitary glad problems. The FDA has been…
  • Hospitals Discontinue Hysterectomy Procedure due to Injuries

    Anapol Schwartz
    2 Oct 2014 | 7:51 am
    Out of concern for patient safety, hospitals are changing the way they perform hysterectomies. The U.S. Food and Drug Administration (FDA) issued a warning in April 2014 to discourage the use of laparoscopic power morcellators in hysterectomies and myomectomies — a procedure to remove uterine fibroids — due to the risk of cancer cells being spread throughout the body during morcellation. Hospitals across America are now changing their requirements for morcellator hysterectomy procedures, and some are discontinuing them altogether. Laparoscopic power morcellators are bladed tools…
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    GTH Energy & Natural Resources Law Blog

  • Oversupply Litigation Milestone: FERC Approves BPA Oversupply Management Protocol

    20 Oct 2014 | 3:59 pm
    At its monthly meeting last week, the Federal Energy Regulatory Commission ("FERC") approved the Bonneville Power Administration's "Oversupply Management Protocol," marking a major litigation milestone in Bonneville's controversial efforts to address those periods when the combined output of federal dams and wind generation in the Pacific Northwest exceeds electric demand in the region and in areas where power can be exported. While FERC's decision does not resolve the litigation, it is a major step toward final resolution of the matter. As we have previously discussed at length, the…
  • Governor Inslee to Keynote Washington Future Energy Conference

    17 Oct 2014 | 4:15 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. Washington Gov. Jay Inslee will present the keynote address at this year's conference. In addition, key officials from Gov. Inslee's administration will conduct a featured panel discussion entitled "Washington's Climate and Energy Future." The panel will be…
  • Navy Seeks Renewable Resources Through a WAPA RFP

    7 Oct 2014 | 11:25 am
    Last week, the Western Area Power Administration ("WAPA") issued a Request for Proposals ("RFP") seeking renewable energy for Navy bases located in WAPA's California service territory. The RFP seeks bids for new renewable generation projects with up to 150 MW of capacity. Several details of the RFP are worthy of note. First, rather than seek to purchase renewable project output directly, the Navy has employed WAPA to purchase energy on its behalf. Because WAPA, rather than the Navy, is the purchaser, the Federal Acquisition Regulations do not apply, which should significantly simplify the…
  • Ninth Circuit Orders BPA To Reconsider Recovery of Improper Payments to DSIs

    26 Sep 2014 | 3:42 pm
    Last week, the U.S. Court of Appeals for the Ninth Circuit ordered the Bonneville Power Administration to reconsider whether it should seek recovery of improper payments made to certain Direct-Service Industrial ("DSI") customers. The Court's decision (Industrial Customers of Northwest Utilities v. BPA, 9th Cir. Nos. 11-71368 et al (issued September 18, 2014)) is an important landmark on the long-running battle between Bonneville's competing customer groups over access to low-cost federal hydroelectric resources. The DSIs are large, energy-intensive industries, primarily aluminum smelters,…
  • Join Maj. Gen. (ret.) Tim Lowenberg for APPA's Grid Security Summit

    25 Sep 2014 | 2:03 pm
    We cordially invite you to attend the American Public Power Association's Grid Security Summit on November 12-13 in Arlington, Virginia. Our colleague, Maj. Gen. (ret.) Timothy Lowenberg, one of the nation's leading experts on cybersecurity and terrorism matters, will make a presentation entitled "Emerging Threats and Vulnerabilities in the Electric Sector." Gen. Lowenberg recently retired after a 44-year career in the U.S. Air Force and, among many other accomplishments, was the longest-serving Adjutant General in Washington's history. In that role, in the wake of the September 11 attack, he…
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    SEC Lawyers Blog

  • Sonn|Erez Investigating Claims Regarding AIC Promissory Notes and Stock

    23 Oct 2014 | 7:10 pm
    Sonn|Erez is investigating claims regarding claims regarding AIC promissory notes and stock. In a 2011 complaint filed by the SEC against AIC, Inc., Community Bankers Securities, LLC, and Nicholas D. Skaltsounis, the SEC alleged that Skaltsounis devised and orchestrated an offering fraud by offering and selling millions of dollars of AIC promissory notes and stock. The scheme occurred from at least January 2006 through November 2009, when Skaltsounis, directly and through registered representatives associated with Community Bankers Securities, offered and sold AIC promissory notes and stock…
  • Sonn|Erez Investigating Claims Involving Reginald "Reggie" Berthiaume, Orlando, Florida

    21 Oct 2014 | 6:18 am
    Sonn|Erez is investigating claims regarding Reginald Maurice Berthiaume Jr. (CRD #2702903, Orlando, Florida) , also known as Reggie Berthiaume. Berthiaume recently entered into a Letter of Acceptance, Waiver, and Consent ("AWC") in which he was assessed a deferred fine of $10,000 and suspended from association with any FINRA member in any capacity for two years. See FINRA Case #2012031368001. The suspension is in effect from August 4, 2014, through August 3, 2016. Berthiaume was registered with Securities America from May 2011 until his termination in February 2012. Berthiaume previously was…
  • Sonn|Erez and Aldarondo & Lopéz Bras File Claim Against UBS for Elderly Brothers with More than $200,000 in Losses Related to Puerto Rico Bonds and UBS Funds

    20 Oct 2014 | 6:41 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 three elderly brothers who suffered more than $200,000 in losses related to UBS/UBS-PR branded Puerto Rico Funds and Puerto Rico bonds. The brothers entrusted their inheritance and retirement savings to UBS, whose financial advisor recommended a dangerous and unsuitable concentration in high risk UBS/UBS-PR branded Puerto Rico Funds and Puerto Rico bonds, according to the Statement of Claim. The three brothers were conservative…
  • Sonn|Erez Investigating Claims of Selling Away Involving Houston Broker James "Jeb" Bashaw

    14 Oct 2014 | 2:45 am
    Sonn|Erez is investigating claims regarding James "Jeb" Bashaw (CRD #1251491, Houston, Texas). Bashaw was registered with LPL Financial LLC in Houston from November 2001 until his termination in September 2014. Investment News reports that Bashaw was terminated for several allegations including participating in private securities transactions without providing written disclosure to and obtaining written approval from LPL. Investment News also reports that Bashaw allegedly borrowed from a client and engaged in a business transaction that created a potential conflict of interest without…
  • UBS Settles Claims with Puerto Rico Regulator

    13 Oct 2014 | 6:53 am
    Puerto Rico's Office of the Commissioner of Financial Institutions recently announced a settlement with UBS regarding the offering and sale of Puerto Rico closed-end mutual funds. Under the settlement, UBS will offer $1.7 million restitution to 34 clients, mostly senior, low net worth investors with conservative investment profiles whose investments in Puerto Rico closed-end funds represented a substantial portion of their liquid net assets. UBS also will pay a $3.5 million contribution for the Securities Trading, Investor Education, and Investigation Fund. UBS made no admission of liability…
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    New York & New Jersey Consumer Law Blog

  • Landlord-Tenant Settlements: Is Everything on the Table?

    18 Oct 2014 | 6:14 am
    All New Jersey landlord-tenant cases have a mediation requirement. This means that the Landlord and the Tenant must, at least, try to resolve their dispute before the case goes before a judge. Mediation is a great opportunity to reach an agreement that works for both Parties and avoids the harshness of a judge calling a winner and a loser. In general, there are three types of landlord-tenant settlements.
  • Landlords Beware: Residential Form Leases Do Not Cure All Ills

    16 Oct 2014 | 11:29 am
    Landlords Beware: Residential Form Leases Do Not Cure All Ills The word "lease" is a fancy term for a simple agreement: The tenant agrees to pay rent and the landlord agrees to provide a habitable living space. Some leases are lengthy and contain conflicting terms which affect both the landlord's and the tenant's rights. In a landlord-tenant case, the court will look at the content of a lease very closely. This is where Google causes more problems than it solves. Free form leases from the internet can be dangerous. Form residential leases are all over the internet for free. Like most things,…
  • Commercial Collections: The "Book Account" & Collection of Accounts Receivable

    12 Apr 2014 | 9:09 am
    Companies with on-going customer relationships often provide merchandise or services on regular basis. Invoices for services are sent to the customers while service continues. Ideally, each invoice is paid in full, but reality creeps in. Sometimes, customers let balances accrue and make slowly decreasing payments until payments cease. The company is left unpaid and outstanding invoices sit in accounts receivable. When legal collection on these accounts receivable is necessary, the law provides a range of causes of action. The "book account" is a simple and direct method of commercial…
  • Notice Eviction Cases & the "No Discovery" Rule: Landlord Notices Must Be Specific

    5 Feb 2014 | 2:25 pm
    New Jersey landlord-tenant actions (a/k/a "summary dispossession actions") are designed to be quick, efficient methods of disposing of landlord-tenant disputes. The efficiency of a landlord-tenant case lies in the prohibition of responsive pleadings and the "No Discovery" rule. NJ Court Rule 6:4-3 provides that interrogatories and other discovery methods are applicable in all actions except "summary landlord and tenant actions for recovery of the premises." The "No Discovery" rule poses a problem for landlords alleging wrongful conduct (for example, damage to the apartment or violation of…
  • Illegal Apartments & Contractual Consideration: Is a Tenant Entitled to Refund of Rent Paid?

    4 Feb 2014 | 9:43 am
    New Jersey landlord-tenant relationships are controlled by applicable statutes (the Anti-Eviction Act, NJSA 2A:18-61.1 et. seq., or NJSA 2A:18-53) and the terms of the lease. Lease terms are interpreted by typical contractual principles. The most basic contractual principle requires that agreements be supported by consideration (a legal term for something of value given to support a contract). In a landlord-tenant context, the tenant's payment of rent is consideration for the landlord providing a habitable apartment. For tenants living in illegal apartments, the analysis could be much…
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    Broward Injury Lawyer Blog

  • Major v. City of Hartville - Constructive Notice in Premises Liability Lawsuit

    13 Oct 2014 | 9:05 am
    In order to sue a business or municipality for failing to address a trip-and-fall hazard, a plaintiff must first show defendant knew or should have known about the danger. If there is proof the defendant knew, that's called "actual knowledge." When the evidence shows instead the defendant should have known about it, this is called "constructive knowledge." The latter can be established with circumstantial evidence, showing for example the condition was recurring or that it would have been discovered had defendant exercised reasonable care. If a plaintiff can't prove some form of knowledge of…
  • Safeco Insurance Co. v. Beare - Bad Faith Claim Properly Abated, Not Dismissed

    2 Oct 2014 | 9:03 am
    In most bad faith claims against auto insurers, the "bad faith" lawsuit is filed separately from the liability portion, lest it be deemed premature and dismissed. However, in the recent case of Safeco Insurance Co. v. Beare, plaintiff counsel amended the original third-party complaint alleging liability for a crash to include her own insurer as a defendant for failure to pay uninsured/underinsured motorist benefits. Injury attorneys are more frequently employing this strategy, as it saves plaintiffs the trouble of having to refile the case. The recent decision in Beare, handed down by…
  • Gallon v. GEICO - Negligent Misrepresentation Claim to Proceed

    24 Sep 2014 | 6:44 am
    An allegedly false statement by an auto insurance agent regarding stacked underinsured motorist (UM) coverage is at the center of a personal injury case before Florida's Second District Court of Appeal. Although other elements of the claim have been dismissed and affirmed on appeal, allowed to proceed is the question of whether this misrepresentation should mean the insured's injured son is entitled to double the UM coverage stated in the policy. Our Fort Lauderdale car accident lawyers know issues of negligent misrepresentation are generally rare in these cases, so it will be interesting to…
  • 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…
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    Marketing Attorney Blog

  • ABA Women Rainmakers Mid-Career Workshop: Progressing into Partner--Road Rules

    3 Oct 2014 | 8:50 am
    The biannual ABA Women Rainmakers Mid-Career Workshop will take place November 7-8, 2014 at The US Grant hotel in San Diego, California. I will be speaking on a panel entitled "Progressing into Partner--Road Rules," with an esteemed faculty that includes Rori Goldman of Hill Fulwider, Ali Sylvia of Plews Shadley Racher & Braun and Law Practice Division chair Bob Young of English Lucas Priest & Owsley. I often remark to people that as a summer associate at Bernstein Shur in Portland, Maine, I quickly realized that my personality and career goals did not equate to a likelihood of becoming a…
  • 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 My six year old son accesses the site every morning on his iPad before heading to school or camp to check scores and watch video highlights of last nights' major league baseball action. Of course, that does not sound like a law firm website, does it? No, it is Major League Baseball (MLB). But in the late 90s, took you to the website of one of the nation's largest law firms--Morgan, Lewis & Bockius. Morgan Lewis' IT people were certainly on their game when they beat baseball to the punch and acquired the…
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    Dallas Divorce Law Blog

  • What can a family law appellate lawyer do for my case?

    Michelle O'Neil
    14 Oct 2014 | 6:34 am
    Yes, family law appellate lawyers handle appeals to the Texas court of appeals or the Texas Supreme Court. We read records, write briefs, and make oral arguments.  We research rules and analyze case opinions. But, adding an appellate lawyer to your trial team can be beneficial long before filing a notice of appeal. Pleadings Early in the case, the appellate lawyer can assist with complex pleading issues.  If jurisdiction is contested, the appellate lawyer can prepare and present the plea to the jurisdiction or special appearance and get the legal issues ready for mandamus (family law cases)…
  • Would living in Texas have been better for Mr. Hamm in his Oklahoma divorce?

    Michelle O'Neil
    30 Sep 2014 | 9:20 am
    The Harold Hamm divorce in Oklahoma is getting a lot of media attention right now. The divorce trial has started and the wife is making allegations that the husband’s company is rewriting history to downplay his role in the company’s success in order to increase the value of the marital estate subject to division. The trial has been closed to the media and interested onlookers and the lawyers have been placed under a gag order to prevent them from leaking interesting tidbits to the media, so we won’t know exactly what’s going on for a while. Hamm divorce Mr. Hamm…
  • No such thing as common law divorce in Texas

    Michelle O'Neil
    23 Sep 2014 | 6:36 am
    Once a party establishes the elements of a common law marriage, spouses are married until they are legally divorced under Texas law.  The recent case of McMaster v. Small, No. 14-13-00069-CV, 2014 WL 950471 (Tex. App.—Houston [14th Dist.], 2014, no. pet. h.) (03/11/2014) (mem. op.), illustrates this concept case, the wife petitioned for divorce, alleging common law marriage.  Wife alleged that she and Husband married in December 1991 and ceased to live together as husband and wife in August 2004. She provided her own…
  • Michelle O’Neil named to list of Top 50 Women Lawyers in Texas

    Michelle O'Neil
    22 Sep 2014 | 8:55 am
    Michelle May O’Neill, Shareholder at Godwin Lewis, P.C., has been chosen for inclusion in the Texas Super Lawyers® listing for the fourth consecutive year. In addition to her selection for the 2014 list, Attorney O’Neil was honored with three Super Lawyers® top lists: Top 100 Lawyers in Texas, Top 50 Women Lawyers in Texas, and Top 100 Lawyers in Dallas/Fort Worth. Only 5% of Texas Lawyers are honored to be named among the Super Lawyers®. Super Lawyers® is a nationwide rating service of outstanding lawyers from over 70 practice areas who have achieved a high-degree of peer…
  • 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…
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    Massachusetts Drug Injury Lawyers Blog

  • Paxil Birth Defect Lawsuit Is Sent Back to State Court

    13 Oct 2014 | 4:39 pm
    The United States Court of Appeals for the Third Circuit has ordered that a drug defect lawsuit against GlaxoSmithKline LLC over its Paxil antidepressant medication be sent back to a state court. The three-judge panel ruled that the second removal to federal court was not timely. They said that Pennsylvania’s Eastern District Court made a mistake when it denied the plaintiffs motion to remand. The Paxil birth defect lawsuit was brought by Sallee Miller and her child. They claim that the boy was born with congenital defects because Miller took the SSRI antidepressant while she was expecting.
  • 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…
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    New York Real Estate Lawyers Blog

  • Surrender of Lease Agreements in New York

    24 Oct 2014 | 5:53 am
    Quite often, our firm is consulted by both landlords and tenants regarding the termination of a lease prior to its legal end date. For example, a lease may have a term which runs through December 31, 2020. In certain situations, the parties may agree to terminate the lease prior to this date. This can happen for several reasons. A tenant may need to move out for personal reasons, or because conditions at the premises are not acceptable. A landlord may decide not to hold a tenant to a lease term if they believe they can re-rent the premises at a higher rent. In commercial lease situations, a…
  • Have Your Home Improvements Been Properly Permitted?

    17 Oct 2014 | 8:48 am
    Often in a residential real estate transaction, unpermitted improvements to a house are present. The seller may find that purchasers are unwilling to enter a transaction with these conditions. The buyer may not want the responsibility for obtaining permits for work done by others. Our clients who are parties to residential real estate transactions often encounter legal issues when home improvements are not properly documented by the municipality where the property is located. When a renovation is conducted, an inquiry should be made of the municipality as to whether a building permit is…
  • Landlords, Tenants, and Pets in New York

    3 Oct 2014 | 6:17 am
    Our firm is often involved in disputes over pets in rental properties. We have represented tenants who have dogs or cats in their rented apartment or house, and whose landlords claim that this is a violation of their lease. We have also represented landlords who are concerned about potential damage which may be done to their property due to an authorized pet, or who are concerned that renting their condominium or cooperative unit to a pet owner may be a violation of the house rules, subjecting them to penalties. This blog post will discuss the legal issues relating to a pet's presence in a…
  • How Your Cooperative or Condominium Board Benefits from Hiring an Attorney

    26 Sep 2014 | 6:56 am
    Attorneys provide valuable legal services on behalf of cooperative and condominium boards. Some buildings with fewer than ten units and without disputes have managed without an attorney representing the board. Other buildings may continue with the attorney who originally represented the sponsor. The purpose of this blog post is to describe the services that can be provided by an attorney representing a cooperative or condominium board. Transfers of apartments will occur at some point. It is not unusual for the building's managing agent to conduct closings. While many managing agents conduct a…
  • 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…
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    Wisconsin Probate & Estate Planning Blog

  • An Introduction to Asset Protection Planning

    Krause Donovan Estate Law Partners
    1 Oct 2014 | 9:07 am
    Almost everyone knows someone who had a problem and lost everything. Claims can, for example, allege professional liability, responsibility for a car accident, or unpaid creditors. Whether meritorious or not, defense can be enormously costly. With our litigious society, with limited risk for those making liability claims, asset protection planning has become required for many and highly desirable for many more. My goal in writing this post is to provide an introduction to asset protection planning (what it is, types of risk, when to plan, what to expect in the planning process, and levels of…
  • Should I Write My Own Will?

    Krause Donovan Estate Law Partners
    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

    Krause Donovan Estate Law Partners
    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

    Krause Donovan Estate Law Partners
    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

    Krause Donovan Estate Law Partners
    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…
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    San Diego Divorce Lawyer Blog

  • Same-Sex Couples Who Marry Could Encounter Obstacles to Divorce

    21 Oct 2014 | 1:51 pm
    Laws governing marriage and divorce vary from state to state, including whether the jurisdiction recognizes a same-sex union. Just recently, the United States Supreme Court refused to hear any cases on same-sex marriage from the lower courts, enhancing the momentum of the legalization of gay marriage. In fact, there is speculation that this inaction could lead to the legalization of same-sex marriage in 30 states throughout the country. But history has shown that not all marriages last, no matter what the orientation of the couple. And while the laws addressing the marriage of same-sex…
  • California Court Precludes Ex-Wife's Challenge of Child Support Arrearage and Attorney Fees

    14 Oct 2014 | 10:38 am
    The California Family Code and other portions of state law govern many aspects of a divorce proceeding. Courts in this state are empowered to issue any number of orders affecting the parties' rights to items such as marital property, spousal support, and child support. It should come as no surprise that couples who are going through the divorce process must adhere to many of the procedural and substantive legal requirements set forth under these laws. In order to best protect your rights, you are encouraged to contact an experienced family law attorney from the local San Diego area, who can…
  • California Court Addresses A Mother's Efforts To "Reunify" With Her Child

    7 Oct 2014 | 10:05 am
    Many child custody issues arise within or are connected to a divorce proceeding. Courts will generally refer to what is known as "the best interests of the child" standard when making any rulings concerning a child's custody arrangement. There are other cases, however, that address a child's best interests, separate and apart from a divorce proceeding. Unfortunately, some parents have children under circumstances that are less than ideal, and they often display an inability to appropriately care for their children. When that happens, courts throughout the state of California will step in to…
  • California Court Upholds Stipulated Settlement Agreement in Divorce Case

    23 Sep 2014 | 9:21 am
    While divorce is a difficult process, there are many cases where the parties actually work together to come to an agreement on the significant issues that must be resolved, such as child support, division of property, and spousal support. By agreeing and stipulating to certain terms, the couple can avoid having a judge devise an order that will affect their family going forward. If the parties are able to come to an agreement, a court will simply need to approve the agreed-upon terms. In order to ensure that your negotiations appropriately address the necessary topics, while protecting your…
  • Court Denied Ex-Husband's Request to Reduce Spousal Support Payments

    16 Sep 2014 | 9:03 am
    Spousal support is an integral part of most divorce cases. It is the amount of money one spouse pays the other for support each month. As one may expect, the divorcing couple often does not agree on the amount to be awarded to the supported spouse, or on the duration of those payments. Fortunately, California law provides a set of factors for courts to utilize when determining the amount of spousal support to be awarded. Since each family law case is different and presents a unique set of facts and circumstances, it is important to understand your rights concerning spousal support under the…
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    Maritime & Cruise Ship Accident Lawyer Blog

  • What is Maintenance and Cure?

    Gerson & Schwartz, P.A.
    24 Oct 2014 | 12:58 pm
    When we think of injuries at sea, we often think of injuries to passengers due to the negligence of a cruise ship. But maritime law goes far beyond that, extending to provide employees of ships with a wide range of benefits that they wouldn’t ordinarily be entitled to under state laws. Under state law, an employee injured on the job generally must make a claim for injury under the state’s workers’ compensation laws. In Florida, an employee who is afforded workers’ compensation is barred from bringing a standard negligence claim against their employer for anything other than the most…
  • Ebola Scare Highlights Cruise Ship Safety Concerns

    Gerson & Schwartz, P.A.
    17 Oct 2014 | 1:57 pm
    As if the ebola scare needed another angle, it now appears that someone who may have been exposed to the virus is aboard a cruise ship, of all things. It’s possible nothing will come of this, but if it does, it will call into play many of the topics that we have discussed regarding cruise line safety and standards previously on our blog. Exposed Passenger on a Cruise Ship It is well known that a patient in a Dallas hospital died from ebola, apparently after the hospital staff waited too long treat him. Nurses from that hospital are also now alleging that there were no safety standards in…
  • Death Aboard Cruise Ship Raises Questions as to Ship’s Duty to Secure Area

    Gerson & Schwartz, P.A.
    10 Oct 2014 | 8:20 am
    A young Clemson University college student died on a cruise ship recently after plunging 2 stories from an upper to a lower deck. The student had climbed a front mast with about 5 other friends, all to observe the sunset. There are no reports that the student was drinking; in fact, most accounts state that he was just talking about life with friends. The problem, however, was that he was actually standing in a restricted area, having climbed the ship’s mast, in close proximity to the ship’s radar. When the radar moved, as it often does, it apparently pushed the student off the ledge and…
  • Recent Cruise Ship Sexual Assault is a Reminder to Take Precautions

    Gerson & Schwartz, P.A.
    3 Oct 2014 | 8:03 am
    In a horrible incident, a cruise ship worker who plead guilty to charges that he brutally assaulted, physically and sexually, a cruise ship passenger on a Holland America Cruise, has now changed his mind, and wants a trial to determine his guilt. The Attack Inside the Passenger’s Cabin According to the assailant’s own confession at his initial plea hearing, he was motivated by what he believed to be insults to his mother. According to him, the passenger called him a “son of a bitch” on numerous occasions, when he was delivering food to her onboard cabin. He took that as an affront to…
  • Cruise Ticket Time Limits May Prevent You From Ever Bringing a Claim

    Gerson & Schwartz, P.A.
    1 Oct 2014 | 7:59 am
    If you are injured on a cruise ship, a major hurdle that you may have is filing your lawsuit within the time period provided by law. Cruise ship accident victims are often excluded from bringing negligence or liability claims, based upon having waited too long to file a lawsuit. What is a Statute of Limitations? A statute of limitations is a deadline in which a lawsuit can be filed. After that deadline, the lawsuit is forever barred. Different causes of action—negligence, breach of contract, malpractice, etc. – may have different statutes of limitations, and different states have…
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    Brian M. Mekdsy Legal Services, Massachusetts

  • Does Your Social Media Policy Put Your Company At Risk?

    Brian M. Mekdsy
    16 Oct 2014 | 6:36 am
    It should come as no surprise that small businesses can benefit greatly when they incorporate social media into their marketing efforts. But if not done properly, or if a company or its employees aren’t careful when using social media, there can be serious consequences – both legally and economically. On the surface, more and more [...]Related Posts:Is Your Social Media Privacy Under Attack?A Social Media Will Is No Longer OptionalHow to Plan for a Social Media Afterlife: Tools for ZombiesSuccession Planning For Your Family Business5 Items for your Estate Planning “To Do”…
  • 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…Does…
  • 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…Your Estate Plan Reflects…
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    The Emplawyerologist

  • Hearing Religious and Pregnancy Discrimination Cases Appeals to the Supreme Court

    23 Oct 2014 | 4:00 am
    The United States Supreme Court began its October 2014 term two weeks ago. Many of you may be thinking, “That’s nice, but why do I need to know that? Should I care?”  If you are an employer, manager or H.R. practitioner,the answer is a resounding “yes”.  Why? The High Court has agreed to hear appeals of six employment law cases, at least some of which could have an impact on you and your company. This week, The Emplawyerologist will focus on two employment discrimination cases–after the jump, of course! Sometime in the first half of 2015 Abercrombie &…
  • The Concluding Piece on Wal-Mart’s Employment Law Capers

    16 Oct 2014 | 4:00 am
    After 11 weeks of semi-intense focus on the world’s largest private employer, The Emplawyerologist is now wrapping up its series on Wal-Mart. Now, of course, we can still expect to hear more about Wal-Mart and its employment law woes in the news–unless of course, Wal-Mart does what we have been doing over here,  by learning from previous lawsuits. Notwithstanding Wal-Mart’s intentions, we have certainly learned some very valuable lessons. Where does that leave us now? After the jump, The Emplawyerologist will tie it all together for you!   We started this series by…
  • Safe Workplaces Don’t Happen By Accident – Just Ask Wal-Mart

    9 Oct 2014 | 4:00 am
    Last week Wal-Mart was in the news again. Wal-Mart is also in court again. This time the case involves a celebrity. Actor-comedian Tracy Morgan sued Wal-Mart over the crash that killed comedian Jimmy Mack and injured Morgan and one other passenger of a limo bus rear-ended by a Wal-Mart truck. The case, Morgan v. Wal-Mart Stores, Inc 14-cv-4388 (U.S. District Court, D.N.J., Trenton) has raised questions about Wal-Mart’s safety practices with its drivers in particular. However, this is not the first instance in which Wal-Mart has had to respond to allegations that its worker safety…
  • Has Wal-Mart Helped to Expand the Scope of Joint Employment?

    2 Oct 2014 | 4:00 am
    The Emplawyerologist has posted on co-employment before. (Click here, here, here, here, here, and here for review.) In keeping with our mini-series we can learn lessons from Wal-Mart here as well. If The Emplawyerologist has already posted on this topic six times, could there really be anything new–other than Wal-Mart being a named defendant? Actually, yes! This year a lawsuit involving allegations of co-employment liability — and Wal-Mart–has the potential to add a new wrinkle, to the topic of co-employment and for large companies that use large subcontractors to provide…
  • FMLA Lessons From Wal-Mart: Just What the Doctor (and Court) Ordered

    25 Sep 2014 | 4:00 am
    Most of you probably know that you cannot fire an employee for taking leave under the Family Medical Leave Act (FMLA.  Yet cases against employers allege that very FMLA violation. What your employee recently took FMLA leave and you fire him or her for a different reason? Is it OK now?  A number of employers in this very situation, including Wal-Mart, have still found themselves in court. This week The Emplawyerologist’s Wal-Mart series looks for lessons we can learn from Wal-Mart about FMLA compliance–after the jump, of course! Suppose you own a retail store and you recently…
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    Atlanta Injury Lawyers Blog

  • Life After a Traumatic Brain Injury: Improving Cognitive Difficulties and Returning to Work

    24 Oct 2014 | 3:55 pm
    Earlier this year, we posted an article on coping with the emotional difficulties that typically follow traumatic brain injuries, which occur when one sustains a violent blow to the head or body that causes damage to the brain. Emotional issues, such as depression, anxiety, and irritability can occur not only because the part of the brain controlling emotions and behavior may have been affected, but also because a sufferer of a traumatic brain injury may simply be frustrated with the changes she has experienced post-injury in her cognitive skills. Traumatic brain injury patients typically…
  • Reflex Sympathetic Dystrophy (RSD, Complex Regional Pain Syndrome Type 1) In Depth: Part II

    17 Oct 2014 | 3:08 pm
    After discussing in more detail the potential causes and symptoms of reflex sympathetic dystrophy (RSD), here, we turn to the treatment and diagnosis of the condition. At present, no single diagnostic test for RSD exists. Physicians will often refer to contextual clues such as the patient's medical history and common signs and symptoms. According to the Mayo Clinic, however, physicians consider certain procedures to be particularly helpful in seeking clues to diagnose RSD.
  • Reflex Sympathetic Dystrophy (RSD, Complex Regional Pain Syndrome Type 1) In Depth: Part I

    14 Oct 2014 | 12:30 pm
    Throughout the year, we have posted several entries about reflex sympathetic dystrophy (RSD) through the narrative of Kathy, a woman featured on "The Doctors" TV show who lives with a severe form of RSD. Today, we want to explain RSD more in detail--its causes, its symptoms, and its treatments.
  • Coping with Cerebral Palsy through Play Therapy

    10 Oct 2014 | 2:40 pm
    Earlier this year, a blog entry on activities, exercises and toys for children with cerebral palsy mentioned the concept of "play therapy," a concept in which children will play with toys and activities and, in the process, develop their mental and physical abilities. Play therapy is considered crucial to the growth of children with cerebral palsy. It is easy to see why; children are prone to want to play, and in the process, they can learn more about themselves and the world around them.
  • Detecting Cerebral Palsy In the Early Stages: Symptoms and Developmental Monitoring

    1 Oct 2014 | 10:24 am
    Earlier this year, an article was posted with general introductory information about cerebral palsy, a group of disorders resulting from injury to the developing brain of a fetus that affects motor skills and posture. This article follows up by providing information on how to detect cerebral palsy in a child based on the child's age. According to the American Pregnancy Association, cerebral palsy is typically not diagnosed in children until they have reached about two or three years old. However, indicators can occur as early as when the child is younger than six months old. While no single…
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    The Federal Criminal Appeals Blog

  • The Government Gets Slapped Back to District Court in a Fake Stash House Robbery Case

    4 Oct 2014 | 12:37 pm
    Fake stash house robbery cases are an embarrassment to a civilized society. Here's what happens. An undercover ATF agent finds a guy and does some deals with him. He then tells the guy he knows of a stash house where there are a lot of drugs and guns. Probably money too. Maybe a unicorn. Whatever it takes to get the guy interested. The guy gets some other guys involved. They get weapons and gear up for this robbery of someone they believe is a drug dealer. Then, with the undercover, they suit up, grab their guns, and plan to rob the stash house. All of this is on video. Then they're arrested…
  • Short Wins - The "Silence is Golden" Edition

    22 Sep 2014 | 8:30 am
    The most interesting case in the last two weeks, I think, is United States v. Shannon. There, the person accused of a crime simply didn't feel like talking to law enforcement - because, really, who would. The government crossed him on his decision not to talk and asked why he didn't come forward with his exculpatory testimony sooner. The Third Circuit reversed because this violated his Fifth Amendment rights - there's really no point in having a right not to talk if you hold it against a person when she doesn't talk. To the Victories! 1. United States v. Santaigo, First Circuit: Appellant was…
  • 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…
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    Boston Injury Lawyer Blog

  • Can I Sue My Town for Personal Injuries Caused by Defective Roadways or Sidewalks?

    21 Oct 2014 | 9:27 am
    Anyone who has walked or driven around Boston knows that the streets and sidewalks of the city are not exactly pristine. Cities and towns in Massachusetts are often old, historic towns which endure New England's rough winters and wet springs. Old trees grow underneath the streets and sidewalks causing them to tilt; frost heaves and potholes abound. As a result, injuries to drivers and pedestrians from defective streets and sidewalks are fairly common. And when they happen, people rightly ask: Can I bring a claim against my City or Town for personal injuries? From a legal perspective, the…
  • The What, Why, Who and When of Mediation in Personal Injury and Wrongful Death Cases

    15 Oct 2014 | 12:39 pm
    The What - Mediation is a voluntary procedure where a neutral third party (the mediator) assists the parties to a settlement. In a personal injury or wrongful death case, the procedure most often involves the parties and their attorneys meeting with the mediator for a one or one-half day session. Usually, this is held at the mediator's office. The session starts with both sides meeting with the mediator in a group session. During this session, often the attorneys for each party summarizes that party's position. There is no testimony. Massachusetts law provides that all communications during a…
  • Recent Verdicts for Victims of Defective Transvaginal Mesh against Boston Scientific and Ethicon

    24 Sep 2014 | 1:54 pm
    A federal jury in West Virginia recently returned a verdict of $3.27 million for a woman who filed suit against Ethicon, a unit of Johnson & Johnson, for injuries due to a defective transvaginal TVT-O mid-urethral sling. After a nearly two-week trial, the jury found in favor for the plaintiff, Jo Huskey, on her counts of strict liability, design defect, failure to warn and negligence. Ms. Huskey, now 52 years old, underwent the implantation procedure in 2011 for stress urinary incontinence and has suffered erosion of the mesh, which has caused severe pain and required her to undergo…
  • 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…
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    South Florida Criminal Attorneys Blog

  • Lighthouse Point Man Sentenced to Lesser Charge in First-Degree Murder Case

    Michael B. Cohen, P.A.
    17 Oct 2014 | 3:44 pm
    It was more than twenty years ago when Lynne Friend went to meet her estranged husband to pick up a check that was due for child support. After that evening, the then thirty-five year old Lynne Friend vanished. For eighteen of those twenty years, her ex-husband, Clifford Friend lived his life as a free man and continued with his life. He remarried in 1995 and together with his new wife they raised his son Christian the product of his first marriage. He opened a pawn shop and the couple bought a home in Pembroke Pines. Although he was the prime suspect in his wife’s disappearance,…
  • South Florida Corrections Officer Sentenced for Federal Charges

    Michael B. Cohen, P.A.
    3 Oct 2014 | 9:27 am
    Former Corrections Officer Jerry St. Fleur, 26, was sentenced to over four years in a federal prison after agreeing to a plea deal for charges of identity theft and wire fraud. Over sixty thousand dollars that was proceeds from his scheme will also be forfeited. He faced up to twenty years in federal prison before submitting to the guilty plea. But in 2014, St. Fleur was not alone when it came to officers from Florida’s Department of Corrections being arrested, accepting guilty pleas and being sentenced for their crimes. St. Fleur was the third employee of Florida Correctional…
  • South Florida Businessman Pleads Not Guilty in Baseball Star Human Smuggling Conspiracy

    Michael B. Cohen, P.A.
    17 Sep 2014 | 11:01 am
    Gilberto Suarez, a 40 year old businessman from South Florida pleaded not guilty after he was arrested for his part in a smuggling ring that allegedly helped Yasiel Puig, a star player for the Los Angeles Dodgers enter the country in 2012. The not guilty plea was in answer to an Indictment which gave away few details other than seeking forfeiture of any proceeds Suarez received from the illegal business deal that brought the baseball player, his girlfriend and spiritual adviser here from Cuba. Other than those details the Indictment was sealed. Specifically, the forfeiture demand recorded in…
  • 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…
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    Darlingtons Solicitors

  • Profiling Fraudsters

    David Rosen
    20 Oct 2014 | 4:54 am
    D Rosen  Q to James Bond  “I can do more damage on my laptop sitting in my pyjamas before my first Earl Grey…” Skyfall I was inspired to write this blogpost, following my reading of ‘Countering fraud for competitive advantage, the professional approach to reducing the last great hidden cost’ (Button and Gee 2013).  I do not seek to find the current answer, but merely write to be thought-provoking.  Has developing technology changed the scope in which criminal profiling has previously identified classes or groups of people, likely to commit fraud?  Undoubtedly, yes.
  • David Rosen quoted as expert on private prosecutions by The Independent

    17 Aug 2014 | 4:25 am
    David was approached by the Independent newspaper and asked for his expert comments on the important and growing phenomenon of private criminal prosecutions in England & Wales. You can read the full article here. Alternatively, see below. If you have any questions about the law, process or advisability of a private criminal prosecution, please do get in touch with David for expert help.
  • Complex Commercial Fraud: Tracing and Following: Pens, Rulers, and Motorbikes

    David Rosen
    17 Jul 2014 | 3:48 pm
    D Rosen  I read recently, a fascinating chapter of ‘Commercial Fraud in Civil Practice’ by McGrath QC, 2014, relating to Tracing. Let me start by saying I am a firm believer that a proprietary claim, leads to proprietary relief, in the absence of any clarity that it arises from a claim of unjust enrichment.  Tracing is effectively the act of seeking and locating monies or monies worth for evidential purposes.  There used to be a common misconception that you referred to a tracing claim, or a tracing injunction. That is a colloquial referral, and not technically correct.  Tracing is…
  • How to avoid a breach of contract situation

    Ben Jones
    30 Jun 2014 | 3:23 pm
    Ben Jones – Partner & head of employment law It is important to have an agreement / contract in place to ensure all parties are aware of their obligations under the agreement but also to legislate for what happens if one party breaches the agreement. Get the right contract and act consistently Before considering remedies, it’s important to reflect on the topic generally. Whilst it is impossible to prevent the other party to a contract from breaching it, we see all too often that clients do not learn from mistakes and/or don’t understand how to minimise the chances of a…
  • Divorce – business assets entitlement and dividing assets

    30 Jun 2014 | 8:12 am
    Sorting out financial entitlements on divorce can be complex and contentious especially where one spouse has business assets or there is a family business. Entitlement to business assets The difficulty often arises because the spouse that owns business assets will be well informed that the non-owning spouse will be able to make a claim on those assets, potentially up to 50%. In many cases, the business owning spouse, especially where there is a valuable business, will attempt to move the assets out of his or her name into a corporate structure or may be less than forthcoming as to what the…
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    Tampa Criminal Lawyer Blog

  • "Blade Runner" Oscar Pistorius Sentenced to 5 Years in Prison

    22 Oct 2014 | 11:37 am
    Oscar Pistorius, renowned Paralympic sprinter was sentenced yesterday to five years in a South African prison for the shooting and killing of his then girlfriend, Reeva Steenkamp. Mr. Pistorius was found not guilty of a more serious murder charge he stood trial for earlier this year but was convicted of culpable homicide for shooting Ms. Steenkamp several times in the middle of the night in what Mr. Pistorius claims was self defense out of fear that one had intruded into his home. South African prosecutors argued for a minimum of 10 years as a prison sentence for Mr. Pistorius but were…
  • Florida Cop Accused Of Getting Oral Sex In Exchange For Not Making Arrest

    17 Oct 2014 | 10:50 am
    Oh Florida, here we go again. Generally it's the average Joes and Janes making the news for crazy allegations, now it's the cops. 32-year-old Broward County Sheriff's Deputy Ted Arboleda is accused of foregoing a legitimate arrest of a woman in exchange for her offer of oral sex. Arboleda is said to have made routine contact with the woman at a local gas station where he found her to be without a valid driver's license, in possession of marijuana, and in possession of an unlabeled bottle of prescription medication, all while on felony probation. According to news reports, initially the woman…
  • Doctor Guilty Of Healthcare Fraud For Administering Chemotherapy To Patients Who Didn't Have Cancer

    7 Oct 2014 | 7:00 am
    Dr. Farid Fata recently pled guilty to 16 Federal criminal counts including 13 counts of healthcare fraud, two counts of money laundering and one count of receiving kickbacks. In a disturbingly unusual case involving a doctor fraudulently submitting requests for reimbursement from several healthcare organizations, Dr. Farid Fata went so far as to knowingly misdiagnose several patients with cancer and subsequently ordering that they receive cancer treatments, including chemotherapy. In doing this he was able to bilk several healthcare organizations out of a ton of money to his benefit. In…
  • 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.
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    Personal Injury Lawyer Blog


    20 Oct 2014 | 7:59 pm
    On Sunday, October 12, 2014, just before 6 p.m., the ferry boat Peralta crashed into a piling at Pier 41 in San Francisco, California. The ferry was carrying 230 passengers and heading to Oakland, California. Many of the passengers said they felt a strong jolt when the ferry hit the pylon. Many of the passengers were knocked off their feet and fell. One of the passengers, Darryl Pham, said, "I kind of saw it coming. A lot of people didn't, and it just hit the pylon and I saw kids flying and it was pretty bad." The injured passengers had mild to moderate injuries, mostly by hurting their necks…

    16 Oct 2014 | 1:51 pm
    Former Navy information systems technician first class and All Navy wrestler, Makimbo Mimms, was awarded $300,000 in a suit against a gym offering CrossFit classes. The gym breached their duty of care to monitor participants during the workout resulting in serious and permanent injury. During the CrossFit workout, Mimms quadriceps were repeatedly taxed without rest caused him to urinate blood and his legs to swell, he said. He was hospitalized for a week and diagnosed with Rhabdomyolysis, the breakdown of muscle fibers that releases muscle fiber (myoglobin) into the bloodstream and often…

    16 Oct 2014 | 1:33 pm
    Two young boys in Nashua, New Hampshire were rushed to the hospital after the bouncy house they were playing in blew away. They were in playing in the bouncy house at Sullivan Farm when it became airborne and blew over a fence, coming to a rest 50 feet from where it had been setup. The owner of the bouncy house, Gary Bergeron, says he purchased the inflatable a day or two ago and that it was not ready to be used. He says it was only setup for cleaning and doesn't know how the boys were able to climb in it. "It was missing spikes to go into the ground and it only had three tethers on it and…

    13 Oct 2014 | 12:34 pm
    On October 7, 2014 at approximately 10:30 a.m., a ventilation duct collapsed in a garage at Herb Chambers BMW of Boston at 1168 Commonwealth Avenue in Brighton. The Boston Police, the Boston Fire Department, and the United States Occupational Safety and Health Administration arrived on the scene to survey the situation. The Boston Police reported that the ventilation system collapse, which was installed around 20 years ago, caused two injuries and damage to several cars in the garage. The air conditioning duct, which measures 80 to 100 feet long and made of thin metal, fell during a busy work…

    10 Oct 2014 | 11:37 am
    A young couple is suing a moving company in the aftermath of a botched moving job, alleging that they suffered $72,000 worth in damages to their personal possessions. The Shepacks hired College Student Movers Inc. to move their belongings from their St. Tammany Parish home to their house located at 1601 Concord Avenue, Metairie, Louisiana. On July 1, 2014, James and Kimberly Mathes Shepack filed suit against College Student Movers Inc., Fast & Affordable College Student Movers, the moving company's insurer, and Shelly and Justin McDuffie in the Twenty-fourth Judicial District Court of…
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  • New York City Taking Steps to Institute its Own Version of Immigration Relief

    20 Oct 2014 | 12:59 pm
    In the wake of President Obama's announcement that he will delay executive action on comprehensive immigration reform until after the Congressional November elections, many states expressed their disappointment with the President because the American people and foreign nationals have been waiting for years for any movement on this critical issue. It seems that New York City is tired of waiting and is taking steps to institute its own version of immigration policy in the coming weeks. New York City's Immigration Legislation According to its speaker, Ms. Melissa Mark-Viverito, the New York City…
  • U.S. Military to Allow Undocumented Foreign Nationals to Enlist

    13 Oct 2014 | 9:53 am
    Two weeks ago, the U.S. Department of Defense unveiled a new policy that will give certain undocumented foreign nationals the opportunity to enlist in the U.S. military. This is the first time in several decades that this immigrant population will be allowed to join the military. The policy is actually an extension of an existing program called Military Accessions in the National Interest, more commonly referred to as MAVNI. The MAVNI Program The purpose of the MAVNI program is to authorize military recruiters to specifically target and attract foreign nationals who possess skills that are in…
  • Congressional Inaction Spurs Churches to Open Their Doors to Immigrants

    9 Oct 2014 | 8:25 am
    Recently, President Obama disappointed hundreds of thousands of foreign nationals and immigrant rights advocate groups when he announced that he would not be taking executive action on immigration reform until after the November elections. In the face of this delay, the nation's religious leaders have taken up the mantle and are now offering undocumented foreign nationals protection from deportation in an initiative dubbed the Sanctuary Movement. The Sanctuary Movement The movement has its roots in medieval practices that prohibited the king's men from apprehending criminals within church…
  • Undocumented Foreign Nationals Must Wait Until After November Elections for Immigration Reform

    24 Sep 2014 | 9:54 am
    It seems party politics has reared its ugly head again and has delayed comprehensive immigration reform. Only this time, it seems the party pushing for the delay is the Democrats. Recently, President Obama surprised and disappointed hundreds of thousands of foreign nationals and immigrant rights' advocacy groups when he informed the country that, counter to his promise made back in June, he would not utilize his executive authority to push immigration reform through Congress until after the elections in November. Why Would the President Delay Reform? President Obama has long been heralded as…
  • 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…
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    Boston Business Litigation Lawyer Blog

  • No Lost Profits Damages in Trade Secret Misappropriation Case

    2 Oct 2014 | 1:37 pm
    The Massachusetts Supreme Judicial Court ("SJC") recently analyzed the use of expert testimony regarding "lost profits" damages in a case from Suffolk Superior Court's Business Litigation Session, and provided some guidance relative to the appropriate measure of damages in cases involving misappropriation of trade secrets. In LightLab Imaging, Inc. v. Axsun Technologies, Inc., LightLab Imaging, Inc. ("LightLab") filed suit in Suffolk Superior Court, alleging that a competitor, Volcano Corporation ("Volcano"), was using its trade secrets relative to certain laser technology after a joint…
  • Delaware Amends Laws Relating to Corporations, LLCs, LPs, and Partnerships

    25 Sep 2014 | 1:50 pm
    Many Massachusetts residents elect to incorporate their businesses under the often more favorable and flexible business laws of Delaware. Accordingly, it is important to be aware of changes in the applicable Delaware statutes, and to understand how those amendments affect existing and future business entities incorporated under those laws. Delaware recently amended its General Corporation Law, its Limited Liability Company Act, its Revised Uniform Limited Partnership Act, and its Revised Uniform Partnership Act. Those amendments, as explained in a recent National Law Review article, are…
  • 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…
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    Palo Alto Estate Planning Blog

  • Happy National Estate Planning Awareness Week!

    Liza Hanks
    23 Oct 2014 | 5:55 pm
    Who knew?! I honestly had no idea that there was such a thing as National Estate Planning Awareness Week, but, in fact there is, and it’s the third week in October, established by House Resolution 1499 in 2008. When I worked in the US Senate, I was particularly thrilled by National Ice Cream Day (the third Sunday in July) and when I worked in the California State Legislature there was one day when bikers from all over California rode around the capital to protest helmet laws (I’m not sure if that was an official day or not). But this, while not nearly as thrilling as either of…
  • State Inheritance and Estate Taxes

    Liza Hanks
    5 Oct 2014 | 3:41 pm
    California is a big state, and it’s easy to get near-sighted. Because California has no state-specific gift or estate taxes, it’s easy to focus almost exclusively on the federal estate and gift tax exemptions when planning for the taxes due after there’s been a death. But nineteen states and the District of Columbia levy their own state estate taxes or inheritance taxes, with widely varying exemptions and tax rates, and these taxes can come due, even to California residents–either because they own property located in another state, or because they inherit assets from a…
  • Taking Parents Off the Hook

    Liza Hanks
    23 Sep 2014 | 12:20 pm
    The New York Times published an interesting story this weekend on the expectations that parents and children have with respect to inheritances. The article summarized a study published in The Gerontologist last year, in which older adults and their children were polled on whether or not they expected to leave or inherit an inheritance. It turns out that 86.2% of the parents expected to leave their children something, but only 44.6% of the kids were expecting to receive anything.  Interestingly, the adult children who were getting money from their parents during life had a higher expectation…
  • Too Old to Drive?

    Liza Hanks
    3 Aug 2014 | 2:31 pm
    This week, an elderly driver lost control of his car and crashed into a cafe on University Avenue in Palo Alto, injuring six, including himself. News reports say that the driver was trying to park, and accidentally hit the gas pedal instead of the brake pedal. As we, or our parents, age, the question of when someone should stop driving is almost certain to come up.  While it is true that impaired driving isn’t always a factor of age, it is also true that as we age our reactions slow, our vision declines, our hearing decreases, our flexibility and strength decline, cognitive and…
  • Summer Time Is Here: Estate Planning on the Run

    Liza Hanks
    11 Jul 2014 | 5:34 pm
    Inevitably, in the summer months, I get phone calls from people who are about to take a trip somewhere, often within just a few days. Sometimes they have a Will or a trust that’s out of date; sometimes they have no estate planning documents at all; sometimes they have just finished getting divorced and are in a panic because they haven’t gotten around to updating their Will or trust. Much as I try to help everyone who calls, sometimes (often) there’s just not enough time to update their documents before that plane takes off or the road trip starts. What to do? Although none…
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    Florida Tax Lawyer Blog

  • Amazon Fulfillment - Customer Convenience or Sales Tax Disaster

    23 Oct 2014 | 6:01 pm
    Now more than ever Amazon has been a one stop shop for many consumers. Not only can you buy just about anything you can think of on the Amazon website, but you can also receive lightning fast delivery of whatever you buy. Over the past few years, Amazon has taken their company to the next level. Now, in addition to selling items, Amazon provides a fulfillment service to online retailers. As Amazon puts it, their fulfillment business "helps you grow your online business by giving you access to Amazon's world-class fulfillment resources and expertise." Simply put, the online retailer sends…
  • Florida Motor Fuel Tax Audits on the Rise

    9 Oct 2014 | 3:50 pm
    Over the past few years the Florida Department of Revenue ("FDOR") has launched several new campaigns. About 2 years ago, the DOR gained the ability to access the data tracking all tobacco and alcohol items sold to retailers. Armed with third party data, the FDOR did several thousands of audits on those that sold tobacco or alcohol items. With the downturn in the economy, times are tough for the State of Florida and they are launching a similar campaign against auto dealers using DMV records. It was also brought to our attention that the DOR is launching a new campaign by training its…

    1 Oct 2014 | 3:33 pm
    Many states, like my home state of Florida, have broad freedom of information laws. Known in Florida as the Sunshine Laws, the state's citizens can request a wide range of information from the government. Under the laws, so long as the information is not made confidential by a specific statute/law, then the government has an obligation to provide the citizen with whatever is requested. As a state and local tax ("SALT") practitioner, I often use this knowledge to my advantage. I often request documents and statistics from the state that I find beneficial to myself, my client, or my practice.

    24 Sep 2014 | 10:17 am
    As a Florida state and local tax attorney I live in the world of strange. Few attorneys or tax professionals are even aware of our peculiar area of the law. Even fewer attorneys or tax professionals have heard of, let alone practiced in the even stranger area of Native American Taxation. During my travels and while earning my LL.M. at NYU, I was one of the few fortunate souls to be exposed to this spin off of state and local tax. In fact, there are only two courses offered in the United States at the LL.M. level on this subject. Native American Taxation is poorly developed, the rules are…
  • 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,…
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    New Jersey CPA Tax Lawyer Blog

  • Tax Court Declares Woman's Art to Be a Business; Decision Hailed as Victory for All Artists

    15 Oct 2014 | 10:38 am
    In a ruling widely regarded as a success for artists of all varieties, from independent musicians to photographers and painters, the US Tax Court rejected an Internal Revenue Service decision that a well-respected painter and art professor's painting work was not an activity conducted for the purpose of making a profit. The court explained that the law looks at many factors for determining the nature of an activity, and the painter's clear proof of a business plan and maintenance of a "businesslike" record established that her painting was a for-profit activity. Susan Crile worked both as a…
  • Corporate Officer's Inability to Cash Bonus Check Trips Up Entity's Tax Deduction

    1 Oct 2014 | 10:13 am
    A corporation officer's handling of his year-end bonus check was a case of form over substance, the US Tax Court ruled, and that meant that the bonus payment was not eligible for a tax deduction for payments to corporate officers. The central problem was that the officer clearly did not have unrestricted control over his bonus payment, since the corporation did not had enough money in its bank account to cover the amount of the check. The dispute involved the corporate entity created by architect Robert Vanney. Vanney created Vanney Associates, Inc., a personal services C corporation, in…
  • Tax Code's Strict Rules Regarding Recreational Vehicles Stop Taxpayers' Business Deductions

    17 Sep 2014 | 10:35 am
    Sometimes, converting a beloved avocation into a business opportunity can be a master stroke. One California couple likely thought so when they began traveling to recreational vehicle events to sell RV insurance policies. Unfortunately, they could not deduct the expenses they incurred on their own RV because of the rules in the tax code. The US Tax Court upheld the Internal Revenue Service's deficiency ruling because, under the tax code's strict rules, the RV was a dwelling, and the couple used it for personal purposes for more than the allotted 14 days. Dellward Jackson owned and operated an…
  • 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…
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    Employment News

  • Age Discrimination in the Tech Industry

    17 Oct 2014 | 5:11 am
    Scroll through postings for tech jobs and you will see desired traits such as “recent college graduate” or “new graduates.” While at first glance, these employers are simply targeting entry level employees, the unfortunate reality is a discriminatory practice common in the tech industry. After recent determinations by the EEOC that such postings are unlawful, the industry-wide problem of age discrimination is no longer being ignored.Read more about Age Discrimination in the Tech Industry
  • EEOC Updates Guidelines on Pregnancy Discrimination

    3 Sep 2014 | 8:00 am
    According to the Equal Employment Opportunity Commission (EEOC), a spike in pregnancy discrimination cases prompted the agency to update its guidelines for the first time in 30 years. Failure to provide accommodations, adjust work duties, or forcing a woman into leave could be construed as discrimination. The purpose of the agency’s update is to clarify the law for employers and to curb future instances of discrimination.Read more about EEOC Updates Guidelines on Pregnancy Discrimination
  • Medical Marijuana and Employee Drug Testing

    30 Aug 2014 | 4:07 am
    Minnesota recently became the 23rd state to legalize medical marijuana, effective May 30, 2014.  The new law is a breakthrough for advocates and could improve opportunities for treatment, pain management, and research. It may however create issues for employers and employees in “drug-free” workplaces. What are employee rights to medical marijuana use and what does the new law mean for compliance under the Minnesota Drug and Alcohol Testing in the Workplace Act (DATWA)?Read more about Medical Marijuana and Employee Drug Testing
  • Is Flirting Sexual Harassment?

    21 Jul 2014 | 9:28 am
    Victims of sexual harassment usually don’t need to be told when the line was crossed. Flirting is not unusual in the workplace but can become harassing behavior when it develops into behavior that is unwelcome, has a negative impact on an employee’s performance or creates a hostile work environment.  When workplace banter shifts to sexual harassment, victims may feel bullied, abused and pressured by fellow employees or a supervisor.Read more about Is Flirting Sexual Harassment?
  • Wanta Quoted in Minnesota Lawyer

    3 Jul 2014 | 9:49 am
    Employment law attorney Shawn Wanta was quoted in a June 19t, 2014 Minnesota Lawyer article, “Wage and hour battles on the rise.” The article discusses the rise in the number wage and hour claims being brought forward under state laws and the Fair Labor Standards Act over the past decade. These claims deal with the alleged theft of employee wages through forcing employees to work off the clock, shaving time off of time cards, not paying overtime, and denying mandated breaks.Read more about Wanta Quoted in Minnesota Lawyer
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    Dallas Justice » Criminal Law Blog

  • Texas Millionaire John Goodman Retrial For Drunk Driving Vehicular Manslaughter: Lessons in Zealous Criminal Defense

    Michael Lowe
    22 Oct 2014 | 2:43 pm
    This story starts in February 2010 over in Florida, in a town about the same distance north of Miami as Austin is to San Antonio. John Goodman, a Texas native and heir to a huge family fortune built by his daddy down in Houston, was driving his convertible Bentley extremely fast when he crashed into a Hyundai driving by a 23 year old Florida man named Scott Wilson. The crash site tells us that the Bentley was going at a high speed. It also tells us that the impact of the collision was so fierce that Goodman’s car thrust Wilson’s car into a watery canal, where Scott Wilson, unable to exit…
  • Dallas County Marijuana Arrests: In 2015, Dallas Police Not Busting for Pot

    Michael Lowe
    15 Oct 2014 | 2:46 pm
    Dallas police officers stop people for being high or possessing pot all the time; often, these encounters result in arrests that are not based upon serious felony charges leading to significant jail time upon conviction. Lots are misdemeanor charges. Bottom line, many of the marijuana arrests in our area are for relatively small amounts of weed that’s clearly for personal use. We’re not talking a major cartel busts with pounds or kilos of marijuana here. For the person who has been arrested and charged with possession of marijuana, no matter how small, there can be serious consequences.
  • Collin County Sexual Assault “No Billed”

    Michael Lowe
    13 Oct 2014 | 10:53 am
    Mr. Lowe got his client’s 2nd degree Felony Sexual Assault charged “no billed” in Collin County.  Mr. Lowe’s client (Texas State licensed armed security guard) was attempting to remove his live-in girlfriend from his home in Plano, Texas.  When Plano Police arrived at the scene, his girlfriend claimed that Mr. Lowe’s client sexually assaulted (“rape”) her and slapped her face shortly before Plano PD’s arrival on the scene. Mr. Lowe’s client was later arrested and charged with 2nd degree felony Sexual Assault (non-consensual sexual…
  • Dallas Ebola Victim: No Evidence of Intent to Deceive; DA Assault Charges Were Wacky

    Michael Lowe
    8 Oct 2014 | 12:32 pm
    Ebola victim Thomas Eric Duncan died early this morning at Texas Presbyterian Hospital here in Dallas, where he had been quarantined and isolated from all human contact for the past 14 days.  It’s sad to think that Thomas Duncan died alone. Our sincerest condolences to his family and loved ones who are grieving their loss today and who were denied the ability to be near him as he passed. Some may not agree with that sentiment – they have no sympathy for Mr. Duncan right now.     Many are angry with this man, and there’s lots of chatter about how he must have lied to enter…
  • College Rape Charges: Growing Danger to Due Process and Justice

    Michael Lowe
    1 Oct 2014 | 3:05 pm
    Awhile back, we posted about the national focus on a “rape culture” existing on U.S. college campuses, and how the federal government was investigating several schools — including Southern Methodist University (SMU) here in Dallas — for failing to deal effectively with the problem of sexual assaults on their campuses.  See, “SEXUAL ASSAULTS ON CAMPUS: SMU INVESTIGATED BY FEDS FOR FAILURE TO PROPERLY DEAL WITH CAMPUS RAPE CRIMES.” Colleges and Rape Charges: Internal Courts? In fact, the Department of Education has placed a duty upon these institutes of higher learning not only to…
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    South Florida Personal Injury Lawyers Blog

  • Appeals Court Says Employer Who Failed to Comply With Florida Workers’ Compensation Laws Must Reimburse Hurt Employee

    Friedman, Rodman & Frank, P.A.
    20 Oct 2014 | 11:56 am
    In Fortune v. Gulf Coast Tree Care, Inc., a Florida man’s shoulder became dislocated after he was assaulted while making a work-related delivery to a customer in 2011. Following the incident, the man was treated in an emergency room at a local hospital. After realigning his shoulder, the treating physician reportedly advised the injured man to seek follow-up care. Although the man notified his supervisor regarding the incident, and the supervisor came to both the scene of the assault and the emergency room, the supervisor apparently failed to file a timely notice of injury as required by…
  • Appeals Court Overturns $5.9 Million Florida Wrongful Death Verdict Against Tobacco Company

    Friedman, Rodman & Frank, P.A.
    15 Oct 2014 | 11:52 am
    In Aycock v. R.J. Reynolds Tobacco Co., a Florida woman filed a wrongful death case in the Middle District of Florida against a tobacco company over her husband’s 1996 lung cancer death. In her complaint, the woman sought both compensatory and punitive damages from the company that manufactured the cigarettes her spouse smoked throughout their marriage. According to the woman, his nicotine addiction caused her husband’s death. Evidence provided to the court suggested that the decedent was also addicted to alcohol. The man’s cancer was reportedly discovered when he was admitted to a…
  • Florida Appeals Court Overturns Denial of Benefits in Miami-Dade Workers’ Compensation Case

    Friedman, Rodman & Frank, P.A.
    13 Oct 2014 | 5:27 am
    Florida’s First District Court of Appeal has reversed a decision denying an advance in workers’ compensation benefits that was rendered by a Judge of Compensation Claims (“JCC”). In Bonner v. Miami Dade Public Schools, an employee who was out of work for about 18 months due to a work-related injury returned to work with a reduced salary. After returning to work, she sought a $2,000 advance from her employer under Florida Statute Section 440.20(12). This law allows an employee to request a workers’ compensation advance of up to $2,000 when the worker has suffered a “substantial…
  • Middle District of Florida Refuses to Order Summary Judgment in First-Party Bad Faith Case

    Friedman, Rodman & Frank, P.A.
    8 Oct 2014 | 5:26 am
    In Cadle v. GEICO General Insurance Co., a woman was apparently hurt in a 2007 Florida rear-end automobile collision. Immediately following the accident, the woman received medical care at a local hospital. Over the course of the next 28 months, the injured woman was treated for her alleged neck and back harm by a number of doctors. In late 2009, she also underwent surgery related to the vehicle crash. The injured woman’s automobile insurer was reportedly notified of the accident on the date it occurred. About one year later, the company offered to settle the woman’s underinsured motorist…
  • Southern District of Florida Orders Trial in Negligence Case Against Cruise Ship

    Friedman, Rodman & Frank, P.A.
    6 Oct 2014 | 9:09 am
    The Southern District of Florida has refused to grant summary judgment in a negligence lawsuit that was filed against a cruise ship company. In Gandhi v. Carnival Corp., a six-year-old girl was allegedly hurt by an elevator while traveling aboard a cruise ship. The child’s arm was apparently trapped in the gap between the elevator doors as they tried to close. The doors were purportedly bent and left bloody after other passengers wedged the door open in order to release the girl’s arm. Although the child was initially treated by physicians on the ship, her parents later sought the advice…
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    Massachusetts Social Security Disability Lawyers Blog

  • Proposed Changes to the Social Security Disability Insurance (SSDI) Programs

    19 Oct 2014 | 10:48 pm
    In recent months there have been an increasing number of news articles that warn us that the funding for Social Security Disability Insurance (SSDI) benefits administered by the United States Social Security Administration (SSA) will run out in less than two years, unless more money is allocated by Congress. This is what news commentators and politicians are referring to as the SSDI cliff, over which the program is poised to fall. One recent article from the Huffington Post looks at a new program that may be a partial solution to the problem with the SSDI system, known as the Achieving a…
  • A Look at the Difference Between SSI and SSDI Benefits

    17 Oct 2014 | 10:53 pm
    While many people have heard of Social Security Disability Insurance (SSDI) benefits, there is another option for some disabled residents of Boston known as Supplemental Security Income (SSI). The SSI program, also run the United States Social Security Administration (SSA), is designed to provide disability benefits for those who have never worked, or "paid into the system" to use the term SSA would use. In an SSDI claim, the SSA will look at the number of years that the claimant has worked and the amount of money that employee has paid into the SSA system in taxes prior to becoming disabled.
  • Teachers Receiving Disability for School-Related Stress and PTSD

    14 Oct 2014 | 10:44 pm
    When we use the term disability with respect to a person who can no longer work, we normally think of a physical disability, such as one caused by an accident or medical condition like a stroke or heart disease. However, mental illnesses, such as severe depression and posttraumatic stress disorder (PTSD), can make it impossible for people to work, and this may qualify those individuals for Social Security Disability (SSDI) benefits. According to a recent article from the New York Post, teachers may be able to qualify for disability through a union disability plan for the disability of…
  • After Years of Waiting, One Woman's Struggle to Receive SSDI Benefits is Finally Over

    12 Oct 2014 | 6:25 pm
    According to a recent article from WIVB4 News, one woman's three-year wait for Social Security Disability Insurance (SSDI) benefits is finally over. Due to severe injuries to her neck and back, claimant has been unable to work since late 2010. Claimant filed a claim after becoming disabled and, after several initial denials, was afforded the opportunity to have her case heard before an administrative law judge (ALJ) at the Social Security Administration (SSA) Office of Disability Adjudication and Review. After a hearing before the ALJ, claimant waited well over a year, and a decision was…
  • On the Differences Between SSDI and Private Long-Term Disability Insurance

    9 Oct 2014 | 8:21 pm
    A recent news article from the New York Times takes a look at the growing trend of employers choosing to phase out providing long-term disability insurance to employees. Historically, many employers, especially those who provide white-collar jobs, have offered employees long-term disability insurance either free or with the option to purchase coverage from a company-subsidized policy through a private carrier. As our Boston disability lawyers know, private long-term disability insurance will typically provide up to two-thirds of an employees salary if the employee suffers from a disability…
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    Austin Immigration Lawyer Blog

  • High Praise From US Military Members and Immigration Advocates for 'Policy In Place'

    20 Oct 2014 | 8:52 am
    Last November, a change in America's immigration policy was implemented by the United States Citizenship and Immigration Services Director which allows the undocumented family members of US military personnel to escape deportation. The change in policy is essentially a policy in and of itself that carries the unconventionally lengthy title "Parole of Spouses, Children and Parents of Active Duty Members of the US Armed Forces, the Selected Reserve of the Ready Reserve, and Former Members of the US Armed Forces or Selected Reserve of the Ready Reserve and the Effect of Parole on Inadmissibility…
  • Several Undocumented Migrants in New Mexico Released from Detention Facility

    15 Oct 2014 | 7:23 am
    Dozens of undocumented migrants who were being held at a facility in New Mexico have been released, according to Philip Burch, the mayor of the city of Artesia. Burch recently told reporters that 68 of the nearly 500 detainees at the Artesia Family Residential Center were release last week with 14 of them being deported. Immigration officials working the facility said that there are still about 480 migrants being held at the Federal Law Enforcement Training Center - an annex of the Family Residential Center - with several more expected to arrive at the facility over the next few days.
  • Obama Petitioned to Give Undocumented Immigrants Access to Affordable Healthcare

    13 Oct 2014 | 7:51 am
    Last week, leaders within the nation's Hispanic community formally requested that President Barack Obama allow certain undocumented migrants to have access to Obamacare. They say that the justification for such an allowance stems from the fact that certain "dreamers" who have been granted temporary work permits are paying taxes and therefore should be entitled to certain government benefits. "Dreamers" is a colloquialism for the several hundred thousand young adults who were granted temporary legal status by the President two years ago but who were brought into the country illegally as minors…
  • Child Immigrants Facing Deportation In Desperate Need of Legal Counsel

    8 Oct 2014 | 8:12 am
    There is a crisis that is playing out in immigration courts across the country, particularly in large metropolitan areas like New York City where children from Central America who crossed the southern border into the United States without adult accompaniment await their respective hearings. More than 66,000 Central American youths have crossed the US-Mexico illegally border over the last 12 months, many of them in an effort to get away from what they describe as rampant gang violence in countries like El Salvador and Nicaragua. It is estimated that in New York City alone there are upwards of…
  • Frustration Among Immigrant Detainees Growing at Detention Center in New Mexico

    6 Oct 2014 | 7:51 am
    The small and isolated desert town of Artesia, New Mexico has recently become the home of a federal immigration detention center that includes such amenities as a soccer field, a basketball court, and video conferencing capabilities for detainees to have their cases heard by immigration judges in Denver, Colorado. The facility also included several trailers that have been put in place around the main building to serve as a makeshift school because the center itself is intended to serve as temporary housing specifically for women and children from Central American countries who have been…
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    Health Care Law Blog

  • Blowing the Whistle in Court

    21 Oct 2014 | 8:52 am
    The vast majority of physicians and other health care providers endeavor to provide services and bill for them in an ethical, legal manner. Trust is at the core of the federal government's provider reimbursement scheme under Medicare and other federal health programs. The federal government relies upon health care providers submitting accurate and truthful claims. The fact that some health care providers have exploited federal health programs for illegal economic gain has resulted in laws intended to combat fraud and abuse, improve patient care and protect tax payer money. Currently, there is…
  • Michigan Bill Would Benefit Direct Primary Care Doctors

    30 Sep 2014 | 2:24 pm
    A Michigan legislator's bill, SB 1033, sponsored by Senator Patrick Colbeck, would benefit direct primary care doctors in that State, and the idea may warrant consideration in other States. The purpose of the bill is to provide physicians who convert their practice to a direct primary care model with the assurance that their medical practice will not be treated as an insurer regulated under state insurance regulations. Atlanta and Augusta, Georgia Physician Practice Law Firm Among other legal hurdles some physicians may face in developing a direct primary (or concierge) care practice model is…
  • Physician Practices: Recent Survey Reviews the Effects of Expanded Patient Access

    24 Sep 2014 | 4:13 am
    A well-intended objective of the Affordable Care Act (ACA) is to improve patient access to doctors. Sometimes this objective is artfully stated as "better" access to care, rather than "increased" access to care, perhaps to acknowledge the reality that as more patients become insured via the ACA, there may actually be less access to physicians. "Better" access may therefore be an argument that, even as an existing physician shortage worsens, new alternatives under the ACA nonetheless improve access to care for the population as a whole. For sure, millions of Americans have enrolled in new…
  • 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…
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    Pleasanton Business & Commercial Law Blog

  • Lawsuits, Regulators Target Allegedly Deceptive Online Conduct by California Businesses

    15 Oct 2014 | 12:33 pm
    The internet offers a seemingly infinite number of ways for businesses to connect with current and potential customers, including directly via their own websites and various social media sites, as well as indirectly through customer review sites. This wealth of possibilities comes at the potential cost, however, of customers being deceived by fraudulent or misleading information, or by a failure to disclose conflicts of interests. Businesses who market their products and services online, people who write online reviews or endorsements of products, and companies that operate review websites…
  • New California Law Prohibits Homeowner Associations from Penalizing Homeowners Who Do Not Water Their Lawns During Droughts

    30 Sep 2014 | 1:17 pm
    California is experiencing a severe drought, which has resulted in substantial restrictions on water usage. This has led to a wide range of responses from homeowners looking to conserve water in regard to their landscaping. Some homeowners are replacing their lawns with hardier plants, gravel or sand, and other methods of xeriscaping. Other homeowners are simply allowing their lawns to go brown. A few homeowner associations (HOAs) around the state, however, have continued to enforce rules regarding lawn care and maintenance. HOAs can enforce their own rules, provided that they do not conflict…
  • 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…
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  • NYC’s 25 MPH Speed Limit

    Matthew Weiss
    15 Oct 2014 | 6:27 am
    Question:  When there are no speed signs posted on a New York City street or stretch of roadway, how fast can you drive?  If you answered 30 mph, you’d be right until November 7th.  On that date, the un-posted speed limit will be lowered to 25 mph.  (This new un-posted limit, of course, does not apply to NYC highways which have a default speed of 50 mph). The lower speed limit is part of Mayor Bill de Blasio’s campaign to make the streets safer, and is expected to reduce accidents, injuries and fatalities.  Meanwhile, motorists can expect routine enforcement of the new limit…
  • 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…
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    Spencers Solicitors Blog

  • Spencers named among the top injury law firms in the Legal 500

    Spencers Solicitors
    21 Oct 2014 | 4:00 am
    Derbyshire based law firm Spencers Solicitors, have been named among the top personal injury practices in the region according to the 2014 edition of Legal 500. The Legal 500 is now in its 27th year of publication and is widely acknowledged as the world's largest legal reference on the leading law firms operating within the UK, with the 2014 edition being published on 10th October 2014. Spencers Solicitors are one of only thirteen practices in the East Midlands that received recommendation under the 'Claimant Personal Injury and Clinical Negligence' section with editorial comments of:…
  • Supporting the Macmillan Coffee Morning 2014

    Spencers Solicitors
    1 Oct 2014 | 7:02 am
    On Friday 26th September for the second year running Spencers took part in the world's biggest coffee morning as part of Macmillan Cancer Support's largest fundraising event. Macmillan Cancer Support strives to improve the lives of people affected by cancer. One in three of us will get cancer, we are all affected by it and we can all help. Last year over 154,000 people signed up to the event which raised a record £20 million, Macmillan are still yet to announce the grand total for 2014 but hopefully it will set a new record. As always Spencers employees and their families were involved…
  • Fraudulent claims - just how big an issue are they?

    Spencers Solicitors
    29 Sep 2014 | 7:49 am
    In my last blog I touched on the issue of fraudulent claims, which can regularly be seen hitting the British headlines - often alongside telling photographs of supposedly injured claimants obliviously pursuing high-octane activities. In tackling this I am most certainly in favour of ensuring that those fraudulently pursuing compensation or seeking to recover more compensation than they are entitled to are stopped. However claiming that this is a plague of modern times, tied up in accusations of 'compensation culture', is somewhat misguided. According to information released by Aviva in 2011,…
  • 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…
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    White Plains Personal Injury Lawyer Blog


    21 Oct 2014 | 7:52 am
    Over the past year there have been dozens of articles about GM's faulty ignition switch. The ignition switch is implicated in 13 deaths as of June, 2014. Prior to 2013, the switch did not meet manufacturing specifications. The engineer spent so much time dealing with the part's technical issues that he referred to it in a 2002 memo as "the switch from hell". The engineer who prepared the report was Ray DeGiorgio who was in charge of the faulty ignition switch. This scenarios set up a great products liability case. A part of the GM vehicle was defective when using the vehicle for the purpose…

    25 Sep 2014 | 2:07 pm
    According to an article by Larry Copeland in the USA Today for The Journal News in May, 2014, highway crashes create an enormous toll on the lives of Americans. The National Highway Traffic Safety Administration calculates that the annual price tag for these crashes are $871 billion in economic losses in 2010. This number includes $277 billion in economic costs ($900 per person in the USA) and $594 billion in societal harm from loss of life and the pain and decreased quality of life from the injuries. The purpose of this article points out that the staggering societal costs of accidents…

    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…

    29 Aug 2014 | 7:57 am
    In an article in USA Today, The Journal News on Friday, August 22, 2014 by Paul Davidson stated existing home sales climbed last month to their fastest pace since September 2013, which is evidence that the housing markets is bouncing back after a sluggish first half of the year. Sales rose 2.4% to a seasonally adjusted annual rate of 5.15 million and has increased for four straight months, according to the National Association of Realtors. The total beat analysts' estimates although sales remain 4.3% below 2013. The Chief Economist, Lawrence Yun attributed the solid sales to growing housing…

    29 Aug 2014 | 7:53 am
    In an article in USA Today, the Journal News on August 10, 2014 by John Siniff relates his own accident with a woman who was on her cell phone. He relates statistics that show how bad things have gotten. About 660,000 drivers in the USA are using hand held cell phones while driving at any moment during day light hours. This number has held steady since 2010. More than half of drivers, 55% admit to using a mobile phone at least some of the time while driving. 3,328 people died in crashes from cell phone usage in 2012 and 421,000 were injured. It is now illegal to text while driving in every…
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    Pinellas County Florida Criminal Lawyer Blog

  • Warrantless Searches and Your Personal Cell Phone

    Pawuk & Pawuk, P.A.
    23 Oct 2014 | 12:01 pm
    In today’s modern world, cell phones have become nearly ubiquitous. With this in mind, privacy activists hailed the US Supreme Court’s 2014 Riley v. California decision this past summer, which ruled that law enforcement officers must obtain search warrants before searching the cell phones of persons under arrest. This decision, along with a similar one from the Florida Supreme Court issued last year, have greatly enhanced the privacy rights of accused persons in Florida, including a Polk County man who mounted a successful appeal to numerous criminal charges based upon evidence…
  • Improper Credibility Bolstering Testimony, Video Clip Evidence Wipe Out Sexual Misconduct Conviction

    Pawuk & Pawuk, P.A.
    9 Oct 2014 | 11:40 am
    A sexual misconduct conviction was thrown out by the 2d District Court of Appeal recently because the accused man did not receive a fair trial. The man’s appellate counsel argued successfully that the trial court should not have allowed a police officer and the alleged victim’s teacher to testify about the girl’s credibility, and it should not have allowed the prosecution to play a movie clip that would tend to create improper prejudice in the minds of the jurors. Henry Keith Cavaliere was on trial for sexual misconduct with an underage girl. The alleged crime came to…
  • Supreme Court’s Ruling in Favor of Driver Puts Up Road Block Against Improper Traffic Stop

    Pawuk & Pawuk, P.A.
    1 Oct 2014 | 9:39 am
    A recent ruling from the state’s highest court served as a clear statement regarding the limitations of proper traffic stops. Namely, the Florida Supreme Court‘s opinion reminded that, for a traffic stop stand up in court, the police officer must not only have a suspicion that illegal activity has occurred, but that suspicion must be a “well-founded” one, and stopping a vehicle because its paint color did not match the color on file with the Department of Highway Safety and Motor Vehicles did not meet this standard. The ruling stemmed from the drug trial of Kerrick Van…
  • Florida Appeals Court Upholds Search Warrant for Woman’s Home, Despite Delay, Omitted Information

    Pawuk & Pawuk, P.A.
    30 Sep 2014 | 9:39 am
    One of the constitution’s most basic protections is citizens’ right to be secure in their homes. That’s why the law imposes several hurdles for the issuance and execution of a search warrant for a person’s home. In one recent case, the 2d District Court of Appeal allowed a warrant to stand, ruling that the police presented enough proof to allow a warrant to issue, and that the 28-day delay prior to the warrant’s issuance was not so long as to make the warrant invalid. In the case, police began pursuing Artesha Williams after a confidential informant told them…
  • 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…
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    Oakland Employment Lawyer Blog

  • What should I do if I have been injured in a train accident?

    Liberty Law
    23 Oct 2014 | 5:08 am
      Train accidents may not be something that you spend a great deal of time worrying about. You may believe that train travel is something that rarely occurs. There are actually 12 million cargo containers transported by train each year in the U.S. Fortunately, most railroad tracks pass through unpopulated areas. However, enough trains pass through cities and towns to make train safety a concern. Accidents with trains occur more often than you may think. About every three hours in the United States, a person or a vehicle is hit by a train. In 2013 alone, there were almost 12,000 train…
  • Wells Fargo Paying $5 Million to Settle Pregnancy Discrimination Allegations

    Liberty Law
    20 Oct 2014 | 5:05 am
    The U.S. Department of Housing and Urban Development announced last week that it reached a $5 million settlement with Wells Fargo to resolve claims that the company discriminated against pregnant women, new mothers, and women on maternity leave. The San Francisco company says that it is settling the case in order to avoid a long and expensive legal battle, but denies any wrongdoing. The Department of Housing and Urban Development says that Wells Fargo’s home mortgage unit was discriminatory in its issuance of loans. Wells Fargo is the largest provider of mortgages in the country. Allegedly,…
  • Can I sue if an ambulance comes too slowly in San Francisco?

    Liberty Law
    16 Oct 2014 | 5:00 am
    The subject of emergency response time is a hot topic in San Francisco right now. Late last month, an ambulance responding to a car accident involving the wife of the mayor arrived after the 10 minute time standard set by the San Francisco Fire Department for that type of situation. The accident had Code Three status, which requires less than a 10 minute response. The ambulance arrived 14 minutes after the call went out. The mayor’s wife had minor injuries, and an ambulance took her to the hospital for treatment. The fire department union blames the response time on staff shortages. The…
  • U.S. Supreme Court Agrees to Take Case of Muslim Teen not Hired at Abercrombie because of Headscarf

    Liberty Law
    13 Oct 2014 | 4:58 am
    Several years ago, a Muslim teen applied for a sales associate job at the Abercrombie Kids clothing store at a mall in Tulsa. Abercrombie has a strict dress and appearance code, and mandates that employees not wear black. The applicant asked a friend who worked at the store whether she would be allowed to wear her headscarf. The friend asked an assistant manager, who recalled working with an associate who wore a white yarmulke. The assistant manager said the headscarf should not be an issue, especially if it wasn’t black. The teen applicant went to the interview wearing a black headscarf,…
  • Can I sue for my injuries in a car accident even though I wasn’t wearing a seatbelt?

    Liberty Law
    10 Oct 2014 | 4:47 am
    You probably heard about the major accident that seriously injured comedian Tracy Morgan in June. Morgan was involved in a six-car accident on the New Jersey Turnpike. The accident occurred when the driver of a tractor trailer, who was driving for Walmart, failed to observe slow moving traffic and swerved into Morgan’s limo in an attempt to avoid hitting other vehicles. That caused a chain reaction, which resulted in the six-car pileup. One man in the limo was killed, and three others were also in critical condition as a result of the accident. Morgan and others sued Walmart for their…
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    Sonoma County Criminal Lawyer Blog

  • Botched Home Invasion Leads to Several Charges for One Santa Rosa Man

    30 Sep 2014 | 5:36 pm
    Earlier this month in Rincon Valley, two men allegedly broke into a marijuana grower's home and attempted to ransack the indoor and outdoor gardens for pot. According to a report by the Press Democrat, the two men allegedly broke into the man's home around 1:00 in the morning. Evidently, they woke up the owner of the home, who left his room to confront the intruders in his underwear. He managed to chase one man out the front door, but that man allegedly turned around and shot at the homeowner before fleeing down the street. The homeowner then made his way back towards his home, when he saw…
  • Man Arrested for Santa Rosa Murder After Drug Deal Gone Bad

    17 Sep 2014 | 8:23 pm
    Earlier this week in Santa Rosa, a 35-year-old man was arrested and charged with first-degree murder for his involvement in the killing of a 21-year-old man in what police are describing as a drug deal gone bad. According to a report by the Press Democrat, the killing took place at the Vagabond Inn on Cleveland Avenue. Allegedly, the defendant and his accomplice showed up at the hotel room to purchase a large quantity of marijuana from the victim and his partner. For whatever reason, the defendant shot the victim several times in the torso during the deal and then left with the marijuana.
  • Mysterious Vigilantes Destroying Marijuana Crops and Threatening Growers

    4 Sep 2014 | 10:48 am
    Recently in Mendocino County, a number of accounts have surfaced that a group of unnamed men have been dropping from helicopters into marijuana fields and destroying the crops and threatening the growers. According to a report by the Press Democrat, more than 100 people recently attended a meeting with Mendocino County Sheriff, Tom Allman, about the mystery men. Some are suggesting that the men are a part of a drug cartel that is attempting to decrease the supply of marijuana in order to keep prices for the crop high. Others are suggesting that it may be a group of people who, for one reason…
  • Four Men Arrested After Authorities Bust Marijuana Growing Operation

    18 Aug 2014 | 1:48 pm
    Earlier this month in Austin Creek State Recreational Area, park rangers and Fish and Wildlife officers busted four men in relation to a small-to-medium-sized marijuana grow operation. According to a report by the Press Democrat, park rangers' suspicions arose when they noticed unusual materials around the park, including empty food containers, sleeping bags, lawn chairs, and empty ammunition casings. Evidently, five men were involved in the illegal grow operation that took place in a very remote part of the State Park. Authorities say that the operation was so remote that it was not in a…
  • Three Men Arrested in Santa Rosa Drug Bust

    4 Aug 2014 | 8:43 pm
    Earlier this month in Santa Rosa, two men were arrested on drug charges when officers stopped their vehicle near Coddington Mall. According to a report by, as part of the arrest, officers executed search warrants on the home where the men lived. Once at their home, officers uncovered a large supply of drugs and other evidence of drug dealing, including: 2.8 pounds of methamphetamine, 1.1 pounds of cocaine, 13.9 pounds of marijuana, 19 marijuana plants, and $14,000 in cash and three vehicles. Law enforcement estimates the street value of the methamphetamine alone was over $20,000.
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    Tampa Bay Injury Attorney Blog

  • Reduce Deaths and Increase Awareness: National Teen Driver Safety Week Awareness

    Whittel & Melton, LLC
    22 Oct 2014 | 5:32 am
    This week is National Teen Driver Safety Week, so this is a time to bring up the real dangers teens face when behind the wheel of a motor vehicle. According to the Centers for Disease Control and Prevention, auto accidents are the leading cause of death for teens. Moreover, the National Highway Transportation Safety Administration reported that almost half of teen drivers involved in a collision are killed. While the above statistics present a real problem in regards to teen drivers, a recent survey found that only 25 percent of parents have had a discussion with their teens stressing the…
  • Pregnant Woman Suffers Critical Injuries after Being Struck by Tow Truck in Downtown St. Pete

    Whittel & Melton, LLC
    17 Oct 2014 | 11:33 am
    Police are further investigating an accident that critically injured a 7 and a half month pregnant woman in downtown St. Petersburg Wednesday afternoon. The 36-year-old mom-to-be was struck by a tow truck near the intersection of 3rd Street North and 1st Avenue North around 2:30 p.m. According to police, the woman was crossing 1st Avenue North just west of the crosswalk when the truck attempted to turn left onto 1st Avenue North. The woman was halfway across the center lane when she was hit and knocked down, striking her head on the pavement, according to police. The light for the truck…
  • Tampa Teacher Arrested for Driving the Wrong Way Near Interstate 75

    Whittel & Melton, LLC
    23 Sep 2014 | 9:38 am
    A Tampa high school teacher was arrested on Sunday for driving the wrong way near I-75, according to troopers. Reports indicate that the Florida Highway Patrol received a call around 3:50 a.m. regarding a wrong-way driver on State Road 618 near 22nd Street. Troopers were told a gold 2001 Saturn was traveling eastbound in the westbound lanes and would eventually turn southbound in the northbound lanes of I-75. A trooper arrested the 24-year-old teacher as he exited at the northbound Gibsonton Drive entrance ramp. The social studies teacher was charged with driving under the influence and…
  • 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…
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    Minneapolis Personal Injury Law Blog

  • News for parents of children born with jaundice after birth

    On behalf of Rischmiller & Knippel LLP
    23 Oct 2014 | 9:02 pm
    Parents of newborns will likely face some of the most stressful times of their lives following the first few weeks of their child's life. For parents of children born with jaundice, that already stressful period can be especially harrowing. Jaundice is a condition that makes a newborn's skin appear yellow in color. This yellow discoloration is also frequently seen in the normally white portion of a baby's eyes. The yellowing effect is caused by a high level of bilirubin in the infant's bloodstream. Bilirubin is a naturally occurring yellow substance that the body creates whenever red blood…
  • What does no-fault insurance mean in a car accident?

    On behalf of Rischmiller & Knippel LLP
    17 Oct 2014 | 4:10 am
    As far back as the 1970's, Minnesota legislatures have wrestled with the idea of how to apply an efficient administration of justice throughout the state with regards to car accidents. On one hand, the state has an interest in helping to protect citizens who are injured in car accidents yet remain uncompensated for their injuries. The state also has an interest in not allowing its courts to get bogged down in frivolous lawsuits from car accident victims demanding unwarranted compensation. In an effort to balance these two competing interests, Minnesota enacted a statute that is now known as…
  • An inspirational story about surviving spinal cord injury

    On behalf of Rischmiller & Knippel LLP
    9 Oct 2014 | 4:52 pm
    Each year in October, a now 57-year-old St. Cloud, Minnesota, man begins having nightmares about an incident back in 1974 that left him paralyzed throughout most of his body. The former high school football and hockey star described the haunting dreams as vivid, graphic reminders of his very athletic and capable self. In the dreams, he is running down the football field or skating on the rink when his legs suddenly turn rubbery and he is no longer able to control them. Although it is been more than 40 years since the man damaged his spine in the last minutes of a football game in his teens,…
  • Pursuing a Minnesota traumatic brain injury lawsuit

    On behalf of Rischmiller & Knippel LLP
    3 Oct 2014 | 5:00 am
    During most discussions about motor vehicle accidents, people talk almost exclusively about visible injuries. It makes sense too. Naturally, a broken leg or a bleeding gash to the forehead are injuries that are readily apparent and something that we all might normally expect to see after a collision. Unfortunately, recent advances in medical science as well as our increased understanding of the brain has revealed that many victims of car crashes sometimes also receive injuries that may not be so easy to spot. Often these injuries may also be even more long-lasting and debilitating than a…
  • Is elder neglect a form of medical malpractice in Minnesota?

    On behalf of Rischmiller & Knippel LLP
    26 Sep 2014 | 4:22 am
    Over three decades ago, Minnesota recognized that a sizable segment of the state population were individuals who were particularly vulnerable to maltreatment. In 1980, this growing sentiment led to the passage of MS 626.577. This section of Minnesota law identifies this vulnerable class of people with physical or mental disabilities or dependency on institutional services, and gives them certain protections to ensure their well-being. These so-called "vulnerable adults" are not only persons of advanced age but many other individuals with diminished capacity who are susceptible to…
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    CA Innocence ProjectCA Innocence Project | CA Innocence Project

  • CIP Client Roeling Adams Paroled After 28 Years Behind Bars

    Mike Semanchik
    10 Oct 2014 | 12:26 pm
    Today, CIP client Roeling Adams walked out of San Quentin State Prison after 28 years in prison.  Adams was wrongfully convicted of a shooting in 1986, despite providing an alibi at trial.  The main witness against Roeling at his trial subsequently recanted his testimony and identified the true perpetrators of the crime.  The only other evidence came in the form of a faulty eyewitness identification. CIP began investigating Adams’ innocence claim several years ago.  As with many of CIP’s clients, Adams continued to go before the parole board in an effort to be released while…
  • If you think a $101.7 million judgment for wrongful conviction will prompt the government…

    Zal Parson
    14 Jul 2014 | 10:35 am
     If you think a $101.7 million judgment for wrongful conviction will prompt the government to hold its prosecutors accountable—think twice!   In 2007, after a 22 day bench trial in a case involving one of the most bizarre and atrocious acts of prosecutorial and law enforcement misconduct, US District Court Judge Nancy Gertner ordered a $101.7 million award for the wrongful conviction of four men, two of whom spent over three decades behind bars and the other two died behind bars for the crime the Government knew all along they did not commit. The award is believed to be the largest of…
  • Death Penalty Infographic

    Mike Semanchik
    29 Apr 2014 | 9:38 am
    Below is another Death Penalty Infographic sent over to us.  Given the 4% figure released yesterday, Texas should have granted clemency to more than 20 innocent people (not just 2).  The only way the US will find itself off the “Top 5 Countries” list is if people start educating themselves and speak up.  Do we really want to be on the shortlist with China, Iran, Saudi Arabia, and Iraq? The Death Penalty in the USA. Produced from
  • New Study: Death Row Sentences Likely Include 4% Innocent People

    Mike Semanchik
    28 Apr 2014 | 12:02 pm
    We have long thought about how frequent wrongful convictions are occurring in this country.  A recent study published in the Proceedings of the National Academy of Sciences conservatively pinned death row wrongful convictions at just over 4%.  The percentage exonerated from this country’s death row over the same period of time was only 1.6% (see here).  What does that mean? It is likely many innocent people have been executed over the last four decades.  It also suggests we have only seen the tip of the iceberg in the wrongful convictions movement. The study, titled The Rate of…
  • The Huang Case: A Tragedy in the Middle East

    Justin Brooks
    27 Mar 2014 | 1:49 pm
    The California Innocence Project represents the Huangs with the David House Agency. Today, the Qatari criminal justice system continued its absurd disregard for due process, equity, and common sense in the case of Matthew and Grace Huang, two Americans whose 6 year-old adopted daughter Gloria tragically died of complications relating to her early upbringing in impoverished Ghana. Qatari prosecutors accused the Huangs of murder, based on a theory of starvation in order to harvest and sell her organs, and were seeking the death penalty for Gloria’s death. They were sentenced to three years in…
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    Pensacola Florida Personal Injury and Social Security Lawyer

  • What Social Security Won’t Tell you

    Nick A. Ortiz, Esq.
    13 Oct 2014 | 9:23 pm
    When you apply for disability insurance benefits (DIB, also called SSDI or RSDI), Social Security does not tell you that you can (or should) hire a lawyer to assist you in your claim. The Right to Representation From the Beginning The Ortiz Law Firm is a disability law firm that was founded by Nick A. Ortiz, a Board Certified Social Security Disability Attorney. Mr. Ortiz advises claimants about how to get SSDI. Many claimants know they can hire an attorney to assist in the appeal process after a denial. However, many applicants are not aware that the applicant can have representation from…
  • Should I Hire a Disability Attorney to File a Claim for Disability?

    Nick A. Ortiz, Esq.
    13 Feb 2014 | 11:13 am
    Should I Hire a Disability Attorney to File a Claim for Disability or Go It Alone? Statistically, the majority (over 65%) of all Social Security Disability and SSI claims are denied at the initial application level. Approximately 88% continue to be denied at the Reconsideration level, which is the first level of appeal. Click here for a visual chart of Social Security’s allowance and denial rates for 2012 at each stage of the application process. An attorney can help prepare you case at each of these levels to help improve your chance of winning at each of these levels.  An attorney…
  • Encephalopathy and Disability

    Nick A. Ortiz, Esq.
    29 Jan 2014 | 2:18 pm
    Encephalopathy and Social Security Disability and Long Term Disability Encephalopathy is a general term for a disease that alters a person’s brain function and mental state. Some types of the disease include: Glycine encephalopathy – caused by a metabolic disorder (how the cells make energy); Hepatic encephalopathy – caused by liver damage; Hypoxic encephalopathy – caused by reduced oxygen to the brain; Static encephalopathy – permanent brain damage; Uremic encephalopathy – caused by toxins remaining in the body; Wernicke’s encephalopathy -caused by a…
  • Snow and Ice Accident Attorney

    Nick A. Ortiz, Esq.
    28 Jan 2014 | 10:41 pm
    Snow and Ice Accidents We are in the midst of a historic winter weather storm here in Northwest Florida. The sleet, snow, and freezing rain are causing ice to form on our roads and walkways and increase your risk of being involved in numerous accidents, including car accidents, premise liability accidents (such as slip-and-fall accidents) and fall accidents. Icy road conditions create deadly road conditions. The lack of traction on icy roads causes catastrophic injuries. Typically, such injury accidents occur because of the negligence of at least one of the drivers, or the failure of a…
  • Types of Claims After a Car Accident

    Nick A. Ortiz, Esq.
    25 Jan 2014 | 5:57 pm
    What claims can I make against the negligent at-fault driver? Below we will discuss the types of compensation that are available to injury victims after a car accident. Car Accident Damages After a car wreck, the accident victims may suffer a range of damages, including property damage losses and to medical bills expenses for personal injuries. These unexpected losses put a huge emotional and financial burden on those injured in the accident and forces them to spend time exploring their options to recover money to make them whole. The following is a list of some of the common types of…
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    Harrison County Personal Injury Law Blog

  • Injured Texans should talk to a lawyer

    On behalf of Carlile Law Firm LLP
    24 Oct 2014 | 8:28 am
    Texans hit the road every day. That familiarity breeds comfort and a sense of safety. This is hardly a surprise. After all, drivers travel day after day without incident. But not every trip ends in a safe arrival. Sometimes things go wrong: a tire blows out, an accelerator jams, a brake cuts out. These malfunctions can cause an accident no matter how carefully Texans drive. When trouble strikes, Texans should consider partnering with skilled personal-injury attorney experienced in helping injured clients receive fair compensation for their lost wages, medical expenses and pain and suffering.
  • Texas businesses must keep their premises safe

    On behalf of Carlile Law Firm LLP
    15 Oct 2014 | 11:40 am
    When Texans go to a bank, a restaurant or a shopping mall, they expect the business to be safe. But, unfortunately, this is not always the case. When unsafe conditions lead to a slip, trip or fall, Texans may have legal options. Falls are one of the most common causes of unintentional injuries. In 2011, falls led to nearly 9 million emergency room visits. Falls can also be fatal. In 2009, falls resulted in more than 25,000 deaths. The risk of injury and death go up with age. For example, the fatality rate from falls was four times higher for Americans 65 and older. But death is not the only…
  • Is drunk driving the only cause for erratic driving?

    On behalf of Carlile Law Firm LLP
    10 Oct 2014 | 8:34 am
    When Texans see other drivers driving erratically, drunk driving is often the first guess. But in many instances the erratic driver is not drunk. Instead, the driver is fatigued or sleepy. These drivers can be a serious danger to everyone else on the road. Indeed, drowsy driving leads to tens of thousands of crashes and thousands of lost lives every year. Among the groups of people that are most likely to drive drowsy are shift workers who work at night, or who work long or irregular hours. This often describes truck drivers who are under pressure to get their cargo from point A to point B as…
  • Improper maintenance leads to poisoning of customer?

    On behalf of Carlile Law Firm LLP
    1 Oct 2014 | 12:17 pm
    When Texans treat themselves to a meal out, they hope their food and drinks will taste great; they take for granted that the food and drink will be safe. Usually they are right, but not always. Take, for instance, a recent trip to a restaurant that nearly proved fatal for one woman. A woman recently visited a barbecue joint. While there, she ordered some iced tea. Unbeknownst to her, the ice tea carried more than the traditional iced tea ingredients; it also contained lye, an odorless chemical similar in appearance to sugar that restaurants use to degrease deep fryers. It is also the active…
  • Texans do not have to endure burn injuries alone

    On behalf of Carlile Law Firm LLP
    25 Sep 2014 | 9:53 am
    Not all injuries are created the same. One of the most traumatic is a burn injury. Whether caused by fire, a scalding liquid or something else, victims of a burn injury can face a long and painful road to recovery. Many will never fully recover -- no matter how many skin grafts they receive. These individuals may have to live with scarring, disfigurement and even lifelong disabilities. Whatever the reason for the burn injuries, Texans need to know they have legal remedies to make a bad situation better. These remedies can provide financial compensation to help pay medical bills, recoup lost…
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    Tennessee Estate Law Blog

  • National Estate Planning Awareness Week

    Ryan Simmons
    21 Oct 2014 | 2:46 pm
    You have probably been told before that a day signified a certain nationwide event like National Donut Day or National Hot Dog Day. Often these days are used to celebrate and bring awareness to certain areas in life. The same goes for estate planning. October 20-26 marks this year’s National Estate Planning Awareness Week. While National Estate Planning Awareness Week does not sound like as much fun as National Donut Day, it does seem to hold much more importance. With upwards of 120 million Americans who are lacking an up-to-date estate plan to protect themselves or their families in the…
  • Fast Facts about Tennessee Probate

    Ryan Simmons
    14 Oct 2014 | 3:01 pm
    While the word “probate” encompasses a number of definitions, it is typically used to define the court process of transferring a decedent’s assets. Probate has seemingly gained a bad reputation in a number of states due to certain factors like the length of time and expense of a case. However, that reputation may be undeserving here in Tennessee. Every state has established different probate laws and procedures. The great thing about Tennessee is that often probate does not require the time or expense that it would require within other states. In in an effort to shorten the…
  • Preventing Family Feuds with Tennessee Estate Planning

    Ryan Simmons
    7 Oct 2014 | 12:27 pm
    In dealing with a tough family situation, many times stress and turmoil can become magnified causing even the closest of families to disagree on a number of issues. Whether it is disagreeing about the way an estate should be administered or who should be put in charge to handle a loved one’s finances, unfortunately these disagreements can have a lasting impact within a family. Parents may simply assume that any beneficiaries would get along and be on the same page if anything were to ever happen. However, any potential rifts can be prevented with proper estate planning. The following…
  • Adding Your Children as Joint Bank Account Owners?

    Ryan Simmons
    30 Sep 2014 | 2:52 pm
    An increasing number of elderly individuals in Tennessee have begun adding their children as joint account owners on their bank account. Understandably, older parents may need assistance in paying their bills or managing their finances. However, it is important to understand the risks in adding a joint owner and the alternatives that people have. If you have questions about what alternatives you or your loved ones may have, contact The Higgins Firm. In adding a child as a joint account owner on a bank account, many parents do not understand the impact that action can potentially have on a…
  • A Loved One Has Passed Away – Now What?

    Ryan Simmons
    23 Sep 2014 | 12:12 pm
    If you have experienced the death of a loved one, you know that the period of time following his or her passing can be a confusing and trying time. You may not know what to do or where to turn. If the person who passed, also known as the decedent, left behind assets, there are certain requirements that must be met in order to transfer those assets to the rightful recipients under the law. Those assets may or may not be required to go through the probate process in Tennessee. If you have questions about Tennessee probate, contact one of our Nashville probate attorneys. Following the death of a…
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    Maryland Divorce Lawyer Blog

  • Maryland Governor O’Malley Establishes Commission on Child Custody Decision Making

    Anthony A. Fatemi, LLC
    16 Oct 2014 | 2:17 pm
    Child custody disputes are arguably among the most emotionally charged issues a couple will face during a divorce proceeding. In many cases, both spouses approach the issue of child custody with the hope of spending as much time with their child as possible after the divorce. And while the typical scenario involves two parents who certainly want what is best for their children, they often end up in heated arguments over just what that means. Parenting arrangements can take various forms, and what works for one family may be something very different from what works for another. If you are…
  • Maryland Court Denied Husband’s Effort to Terminate Alimony

    Anthony A. Fatemi, LLC
    30 Sep 2014 | 12:37 pm
    Divorce affects each family in a unique way. In most cases, however, the parties will have to address and resolve many emotional and financial matters. Some of the more significant financial issues concern child support, spousal support, and the division of marital property. Depending on the circumstances, one party may be entitled to spousal support (also known as “alimony”) from the other. Couples contemplating divorce are encouraged to consult with an experienced family law attorney early in the proceedings in order to ensure that their financial rights are protected. Since divorce…
  • 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…
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    Houston Family Law Blog

  • What does giving a DNA sample involve in Texas?

    On behalf of Shriver & McLean, L.L.P.
    23 Oct 2014 | 2:01 pm
    Paternity tests are the only definitive answer when it comes to proving paternity. These highly accurate tests use tissue samples or blood samples to match the DNA of the father and mother to that of their child. The tests have an accuracy rate of up to 99 percent, making them nearly indisputable in courts in Texas. In court cases, paternity tests may be used to exclude men who are not the father of a child or to prove that the child is indeed his. Several types of DNA testing are available. First, blood tests can be taken. In the 1970s, a test was created that uses white blood cell antigens…
  • Look out for yourself in an at-fault or no-fault divorce in Texas

    On behalf of Shriver & McLean, L.L.P.
    16 Oct 2014 | 5:53 pm
    When you are going through a divorce, you need to know that you have someone on your side. With the right legal help, you can be sure that your best interests are being taken to heart. Whether you want child custody or just want what property is yours, you need to know what your options really are. Most people decide to file for a no-fault divorce in Texas. There are other cases in which an at-fault divorce can be filed, though. For instance, if someone has been abused or suffered through adultery, then the divorce may fall under fault-based grounds. When you're ready to file for a divorce,…
  • Child custody and support: Texas rounds up nonpayers

    On behalf of Shriver & McLean, L.L.P.
    10 Oct 2014 | 3:26 am
    Recently in Texas, 43 people who had not paid their child support on time were arrested for violating their court orders. The constable had taken steps in conjunction with the Texas Attorney General's Child Support Division to help collect funds from those who had been avoiding their payments. According to the news, the focus on the warrants was for the parents who had failed to pay child support completely. The Attorney General states that it's important for parents to make regular child support payments. It's a moral and legal obligation, and by arresting the parents and collecting child…
  • What does paternity legally mean in Texas?

    On behalf of Shriver & McLean, L.L.P.
    3 Oct 2014 | 8:36 am
    Paternity is very significant in Texas when it comes to your rights as a parent. With legal paternity of a child, you have a right to visitation and custody, and you also will be held responsible for caring for the child. Interestingly, just being on your child's birth certificate doesn't mean you have paternity. Paternity can be assumed voluntarily in some situations, like if you're married when your wife has a child. If you marry your girlfriend after she gives birth and sign a legitimation form, you will also be given paternity rights. If you try to marry the mother of the child when your…
  • Can a prenuptial agreement be invalidated in Texas?

    On behalf of Shriver & McLean, L.L.P.
    25 Sep 2014 | 1:12 pm
    If you have a prenuptial agreement in place in Texas that is preventing you from getting the things you need out of your marriage, you might be interested in these reasons a premarital agreement could be seen as invalid. Firstly, if there is no written agreement, it can't be enforced. Simply agreeing that you won't get any money during a divorce isn't enough unless it's on paper. When it is written, the document has to be properly executed. That means that you both need to sign the paperwork before your wedding for it to be valid. If you didn't read the prenuptial agreement, it may not be…
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    Canton Social Security Disability Law Blog

  • Program treats individuals before schizophrenia fully takes hold

    On behalf of Marsh & Mittas Law Office, LLC
    24 Oct 2014 | 2:26 pm
    Schizophrenia is one of many mental conditions that could result in someone needing to seek disability benefits from the Social Security Administration. The condition, which usually strikes young people between the ages of 15 and 34, depending on gender, is often diagnosed after someone suffers from a psychotic break. Psychotic breaks can often lead to further issues in addition to additional psychotic episodes including the need for medication, hospitalization and social isolation. These can lead to someone being unable to work. Some believe that the mental condition reveals itself slowly…
  • Is chemical exposure to blame for some depression?

    On behalf of Marsh & Mittas Law Office, LLC
    10 Oct 2014 | 2:06 pm
    In addition to physical disabilities, certain types of mental conditions might qualify for Social Security disability from the Social Security Administration. One mental condition that individuals living with might receive disability benefits for is depression. While people from all walks of life experience this in varying degrees from time to time, for some it is very serious and makes it impossible to work. In these instances disability benefits may be sought. Depression is not all that uncommon. The National Institute of Mental Health reports that each year, approximately 7 percent of the…
  • The Social Security Disability appeals process

    On behalf of Marsh & Mittas Law Office, LLC
    3 Oct 2014 | 7:02 am
    Living with a disability can be difficult. This is particularly true when the disability makes it impossible to work. Individuals who find themselves in this position may seek Social Security Disability benefits from the Social Security Administration. While the benefits are available, unfortunately they are usually not easy to secure. In fact, they are often denied. Facing such a denial can lead the applicant feeling defeated. An initial denial does not mean that you will not secure disability benefits. There is an appeals process in place that could lead to the benefits being granted.
  • Does your disability qualify you for SSA disability benefits?

    On behalf of Marsh & Mittas Law Office, LLC
    26 Sep 2014 | 2:33 pm
    For most people who are living with a disability, life is complicated. In addition to dealing with the impact the disability has on their daily life, when the disability is severe enough, it could also mean having to figure out how to get by financially. In some situations disability benefits from the Social Security Administration can be secured. In this post we will give an overview of the two programs under which these benefits may be available. The first is the Social Security disability insurance program. Under this program individuals who have a work history may receive disability…
  • 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…
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    Sacramento Injury Law Blog

  • San Diego driver's court date postponed

    On behalf of Aiken & Jacobsen
    21 Oct 2014 | 3:23 pm
    A woman who police say struck a bicyclist on Aug. 12 around 6:30 p.m. while under the influence of methamphetamines had a scheduled court appearance delayed until Oct. 31. According to law enforcement, the woman drove the wrong way on Fiesta Island, striking a cycling group and injuring 10 of them. Reportedly, the 49-year-old woman hit the group head-on. One injured cyclist, a 43-year-old man, is reportedly suffering from permanent paralysis from the chest down due to the injuries he suffered in the collision. The woman acted oddly following the accident and was transported to the hospital.
  • California trucking accident leaves 3 injured

    On behalf of Aiken & Jacobsen
    13 Oct 2014 | 5:12 pm
    An accident involving two big rigs and a car left three people injured near Le Grand on Oct. 7. The accident caused the closure of the road while debris was cleared up and resulted in delays in area railroad service. The California Highway Patrol reports that the accident took place at about 2:15 p.m. on Highway 99, when a 1999 Kenworth truck, driven by a 42-year-old Chowchilla man, was headed south on the highway and veered into the northbound lanes. The left side of the truck collided with the right side of a 2012 Freightliner big rig driven by a 63-year-old Fresno man. The driver of the…
  • California hit-and-run kills bicyclist

    On behalf of Aiken & Jacobsen
    7 Oct 2014 | 1:42 pm
    On Oct. 1, a 45-year-old woman driving in Nipomo allegedly struck a bicycle, ejecting its rider onto the roadway. As a result of the incident, which reportedly occurred at approximately 11 a.m. on Los Berros Road, the bicyclist suffered fatal head injuries. The woman fled the scene, but a witness called 911 and followed her through downtown Nipomo. The accident dented the woman's windshield, making it easier for them to track her down. The witness and other citizens cornered the woman and kept her in one place until officers showed up to arrest her. Officers charged the woman with felony DUI,…
  • 1 man killed in California crash

    On behalf of Aiken & Jacobsen
    29 Sep 2014 | 5:51 pm
    On Sept. 19, one man was killed in a California collision involving two tractor-trailers. The California Highway Patrol reported that the victim was a 50-year-old man who had driving one of the large commercial vehicles. Officers say that the accident occurred on Highway 299 near Round Mountain at 12:30 a.m. One tractor-trailer that was being driven westbound by an Idaho man attempted to navigate a sharp curve while traveling at about 50 mph. While attempting the maneuver, a container that was carrying asbestos and other building materials came off the vehicle's trailer and landed in an…
  • California man sentenced for distracted driving incident

    On behalf of Aiken & Jacobsen
    23 Sep 2014 | 1:22 pm
    A 30-year-old man was sentenced to a year in jail and three years' probation by a Sonoma County Superior Court judge for an accident in March. The man was driving a GMC Sierra on State Highway 12 in Santa Rosa when he allegedly looked at his cell phone in expectation of a text message. He then rear-ended a Toyota Camry that had slowed with other traffic near Farmers Lane. It is estimated that the Sierra was traveling at approximately 50 mph when the collision occurred. A 74-year-old woman and her daughter-in-law sitting in the back seat of the Camry were both killed in the collision. The…
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    Morristown Personal Injury Law Blog

  • Family that lost a loved one is looking for answers

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    23 Oct 2014 | 4:55 am
    Many people would question the motives behind someone who hits a person with their vehicle and then drives away, leaving the victim for dead. That is one question that a New Jersey family who recently lost a loved one may want an answer to when the driver is found. The 25-year-old victim died in a hit-and-run recently. A family member of the victim told reporters that the woman's boyfriend called her mother right after the accident. The woman's mother, a trained nurse, rushed to her daughter's side and performed CPR in an attempt to save the life of her child. Sadly, her efforts were in vain…
  • Did hospital changes to prevent diagnosis errors came too late?