• Most Topular Stories

  • Two Cops Dead, And Still Feeding the Crazies

    Simple Justice
    21 Dec 2014 | 5:16 am
    Two New York City police officers, Wenjian Liu and Rafael Ramos, were executed while sitting in their cruiser in Brooklyn.  They were murdered by Ismaaiyl Brinsley, who ran away, then killed himself.  Brinsley came up from Maryland to find two random cops to kill. And he did. These murders are, and are not, connected to the killing of Eric Garner and Michael Brown. And Akai Gurley and Tamir Rice. The double killing comes at a moment when protests over police tactics have roiled the city and other parts of the nation. Since a grand jury declined to bring criminal charges in the case of Mr.
  • Parents of man charged with slaying 12 at Batman movie premiere plead for life-sentence plea bargain

    ABA Journal Daily News
    19 Dec 2014 | 3:35 pm
    As a trial looms next month for accused Colorado movie-theater massacre suspect James Holmes and some 9,000 jury summonses are in the process of being…
  • Third Whistleblower to Collect Reward Related to BofA Settlement

    Law Blog
    Timothy W. Martin
    19 Dec 2014 | 1:34 pm
    A former Countrywide Financial Corp. manager is the third whistleblower to receive tens of millions of dollars as part of a record $16.65 billion federal penalty against Bank of America Corp.
  • High court won't hear case over Ariz. driver's permits

    PLI SmartBrief
    19 Dec 2014 | 6:58 am
    The Supreme Court has declined to intervene in a case regarding the issuance of driver's permits to young undocumented immigr -More- 
  • NYC’s expediters

    Walter Olson
    21 Dec 2014 | 9:15 pm
    Can New York City really support an army of an estimated 8,300 “expediters” who run paperwork around to city offices, wait in line, haggle with officials, and generally navigate the bureaucracy on behalf of those who need permits, licenses and other municipal decisions? It’s a testimony to the dysfunction of the city’s governance [Kanner, Renn/Urbanophile] Tweet Tags: land use and zoning, NYC, real estate, regulation and its reform NYC’s expediters is a post from Overlawyered - Chronicling the high cost of our legal system
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  • NYC’s expediters

    Walter Olson
    21 Dec 2014 | 9:15 pm
    Can New York City really support an army of an estimated 8,300 “expediters” who run paperwork around to city offices, wait in line, haggle with officials, and generally navigate the bureaucracy on behalf of those who need permits, licenses and other municipal decisions? It’s a testimony to the dysfunction of the city’s governance [Kanner, Renn/Urbanophile] Tweet Tags: land use and zoning, NYC, real estate, regulation and its reform NYC’s expediters is a post from Overlawyered - Chronicling the high cost of our legal system
  • Best of Overlawyered — March 2014

    Walter Olson
    21 Dec 2014 | 9:05 pm
    More from the archives: Described as funniest Supreme Court amicus brief ever, and it prevailed in the Ohio campaign-law case [Ilya Shapiro, Trevor Burrus and Gabriel Latner for P.J. O’Rourke, via our post] Mardi Gras time: “Caution! Non-edible baby inside this cake” Most outrageous video lawyer ad ever? Lenore Skenazy (Free-Range Kids) spoke at Cato and it was one of the most popular talks I’ve attended there in years; “Colorado Man Could Sue Divers Who Saved Him From Submerged Car” Ohio school suspends 10-year-old for displaying a “level 2 look alike firearm,” namely his…
  • Update: “I’ll pay them a million dollars if they can do it.”

    Walter Olson
    21 Dec 2014 | 8:05 am
    We reported five years ago on a contract-law hypothetical come to life: a criminal defense lawyer went on TV and said he’d give a million dollars if anyone could prove the prosecutor’s timeline was consistent with the known facts, whereupon an enterprising law student proceeded to do just that. The Eleventh Circuit said the proper test under Florida law was whether “a reasonable, objective person would have understood [the lawyer's words] to be an invitation to contract.” And: “The exaggerated amount of ‘a million dollars’ – the common choice of…
  • New York Times on bake-my-cake cases

    Walter Olson
    21 Dec 2014 | 8:03 am
    A more balanced treatment than some we’ve seen in the press, including a video interview with Colorado baker Jack Phillips. [New York Times; earlier on forcing small business owners to service weddings against their beliefs here and here]. Tweet Tags: Colorado, discrimination law, same-sex marriage New York Times on bake-my-cake cases is a post from Overlawyered - Chronicling the high cost of our legal system
  • “When We Tell You to Do Something, Do It”

    Walter Olson
    20 Dec 2014 | 9:16 am
    No need for reformers like Will Wilkinson to make the case against police unions when guys like this make it so eloquently. More: Radley Balko (MSNBC on video versus police-union account of Tamir Rice shooting in Cleveland); Cleveland Plain Dealer (woes of officer in earlier police job). “If you work in private sector, it can be mind-blowing to see mistakes you can make and still be employed as a cop” [@conor64] Just one more story for now, from the Akai Gurley case in New York: “Instead of calling for help for the dying man, [sources told the newspaper, the NYPD officer who…
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    Solo Practice University®

  • Not Sure What to Do? Tips for Breaking Through

    Debra Bruce
    18 Dec 2014 | 7:19 am
    The holidays are upon us and soon we’ll be launching the New Year. How many of you are vowing to yourself to get client work done more promptly in 2015? Many lawyers struggle with that issue. So many, in fact, that the ABA Model Rules of Professional Conduct specifically address the issue. Rule 1.3 provides that “A lawyer shall act with reasonable diligence and promptness in representing a client.” Comment 3 to the rule states that “Perhaps no professional shortcoming is more widely resented than procrastination.” Not long ago one of my clients asked for help with his challenge in…
  • The Paperless Office – Guest Lecture with Ernest Svenson

    Susan Cartier Liebel
    15 Dec 2014 | 5:41 am
    I had the pleasure of finally meeting Ernie Svenson (after years of ‘knowing’ him online) and today Ernie is going to talk about the virtues, professionally and financially, of going paperless and how he did it.  Frankly, anyone starting a practice today should be paperless from the start and everything done to grow the practice should be predicated on this principle.  You will also enjoy anecdotally (if not belly laugh) at the stories Ernie shares on how he outclassed large firm opponents – something more and more paperless practitioners are taking pride in.  But…
  • Everyone’s an Expert

    Suzanne Meehle
    11 Dec 2014 | 5:30 am
    Last night, as the latest breaking news and everyone’s opinion on it filled up my Twitter and Facebook feeds, I ran across this post from a friend of mine from law school: “Congrats to everyone who graduated from University of Facebook School of Law last night…..” … and LOLed so hard I almost spit out my coffee all over my laptop screen. Through my nose. These days everyone has an opinion about everything, and we are all Facebook pundits. Even when, or especially when, it comes to the law. Constitutional law? Immigration? Presidential authority? Criminal law?
  • How To Grow Your Solo Practice with ‘Of Counsel’

    Haley Austin
    9 Dec 2014 | 5:30 am
    So, you’re a solo and your practice is growing. But, not so much that you can afford to hire a full fledged associate to help with the work overload. You don’t want to turn down work, because you need the revenue, but you don’t want to take on more work than you can handle by yourself – this is an ethical violation in most cases, and opens you up to liability you don’t want. What do you do…?  I was faced with this question in the third and fourth years of my practice. I have a colleague that has set his active case limit at 60 per year. He has decided what annual income he…
  • When It Comes To Other People’s Money – Trust but Verify!

    Mark Bassingthwaighte
    8 Dec 2014 | 5:30 am
    I continue to be surprised at the number of times I have visited a solo practice and found that complete oversight of client property has been turned over to an employee. More often than not, this individual has been employed by the attorney for years and is always viewed as someone worthy of a high level of trust. While I do believe the development of trusting work relationships is a good thing, there is a downside as this trust can easily lead to the deterioration, if not complete abandonment, of accountability mechanisms and sometimes trouble follows. In fact one story that has stayed with…
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  • Inventing to Nowhere

    Brett Trout
    17 Dec 2014 | 12:05 pm
    The Frightening Irony The documentary Inventing to Nowhere boils a series of complex questions down into one: Why are we allowing companies that stifle innovation to dictate our country’s innovation strategy? The History The Revolutionary War placed a huge financial burden on the United States. The framers of our Constitution correctly anticipated that the protection of inventors would be critical to the success of our country, so much so, that in Article I, Section 8, Clause 8, of the Constitution they empowered Congress: To promote the Progress of Science and useful Arts, by securing…
  • Who Owns the Copyright on a Photograph Taken by a Monkey?

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

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

  • Did Robert McCulloch Just Admit To Suborning Perjury?​

    Elie Mystal
    19 Dec 2014 | 3:50 pm
    Could somebody prosecute this prosecutor?
  • Associate Bonus Watch: Quinn Emanuel (2014)

    David Lat
    19 Dec 2014 | 2:47 pm
    Quinn Emanuel associates express differing views about the firm's bonuses this year.
  • Non-Sequiturs: 12.19.14

    Joe Patrice
    19 Dec 2014 | 2:03 pm
    * Still looking for a great gift for your assistant? Corporette presents their annual secretary gift guide! [Corporette] * Marijuana law may be hot, but marijuana legalization may be in hot water: Oklahoma and Nebraska take their case to the Supreme Court that Colorado's law is damaging them. [The Denver Post] * Associates are super excited about their shiny -- but discretionary -- bonuses. Note that base pay hasn't taken a similar leap. Thanks for throwing a wet blanket on the season. [Law and More] * Who are the new lawyers in Congress? Mike Sacks profiles them. [National Law Journal] * The…
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    Simple Justice

  • Two Cops Dead, And Still Feeding the Crazies

    21 Dec 2014 | 5:16 am
    Two New York City police officers, Wenjian Liu and Rafael Ramos, were executed while sitting in their cruiser in Brooklyn.  They were murdered by Ismaaiyl Brinsley, who ran away, then killed himself.  Brinsley came up from Maryland to find two random cops to kill. And he did. These murders are, and are not, connected to the killing of Eric Garner and Michael Brown. And Akai Gurley and Tamir Rice. The double killing comes at a moment when protests over police tactics have roiled the city and other parts of the nation. Since a grand jury declined to bring criminal charges in the case of Mr.
  • Meaningless Word Number 6: Annoying

    21 Dec 2014 | 4:48 am
    The Indiana Supreme Court reverse its Court of Appeals, which held the public intoxication statute’s language unduly vague. Indiana’s 2012 public-intoxication law makes a criminal of someone who, while drunk in a public place, “harasses, annoys, or alarms another person.” (The statute improved upon the state’s previous public intoxication law, which made it illegal to be drunk in public, period.) The Supreme Court didn’t see the problem. There is little doubt that the subjective application of the term “annoys” would lead to absurd results and exceedingly broad…
  • 2011, “They Will Be OK,” Revisited

    20 Dec 2014 | 1:41 am
    Oh sure, Chad Chadwick now gets an outpouring of support, but what about then?  What about the efforts of the brave SWAT team?  This was how it was reported in 2011: Officers were called to the Century Apartments in Sienna Plantation on Sienna Springs Boulevard around 9 p.m. Tuesday after a man called 911 to say his friend was thinking about doing something violent. Missouri City police said the friend, Chad Chadwick, refused to come out of his third-floor apartment after a fight with his wife. Violence? Wife?  This was serious. Dangerous. This calls for the heavy armor. After several…
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    Law and Magic Blog

  • Nigerian Government Gains Wizardly Allies In Fight Against Boko Haram

    3 Dec 2014 | 2:39 pm
    Check out this piece from Vice on the Association of Nigerian Witches and Wizards (WIZTAN), which is fighting back against Boko Haram. According to reporter Mark Hay, WIZTAN has made some predictions about ultimate success against Boko Haram, the group known for abduction of schoolgirls and for attacks on the Nigerian government. These predictions include the capture of the group's leader by the end of 2014 and (it looks like WIZTAN is hedging its bets a little here) that not all the abducted schoolgirls will be freed and returned to their families. 
  • Apps-Solutely Magic!

    26 Nov 2014 | 10:52 am
    Kit Eaton of the New York Times offers up reviews of these apps for the SmartPhone that may not turn you into a Vegas conjuror. But they look like fun, anyway.
  • The Amazing Career of the Amazing Randi

    7 Nov 2014 | 1:03 pm
    In the New York Times, a long article about the career and opinions of James "The Amazing" Randi. Adam Higginbotham discusses not just Randi's work but lawsuits brought against him by Uri Geller, and recent problems his longtime companion has had with U.S. Immigration.
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    What About Clients?

  • Big day Sunday for all you pagans in New York, DC, LA and Dublin.

    Holden Oliver (Kitzbühel Desk)
    19 Dec 2014 | 8:59 pm
    Sunday the 21st is the winter solstice. It has big meanings in science, spirituality, religions and world history and culture. Many scholars believe that winter solstice, in effect, drove the date for celebrating Christmas. The retention of pagan forms and the practicing a newer religion like Christianity at the same time is an historical pattern. Rome is one example. And it certainly takes nothing away from either co-existing faith in matters of worship, spirituality, beliefs or mythology. A good live example of this is in the world today? Catholic Ireland. Things Druid still inform most…
  • Cuba

    JD Hull
    18 Dec 2014 | 12:28 pm
    Statement by the President on Cuba Policy Changes
  • Yeats on Writing Well

    JD Hull
    17 Dec 2014 | 9:59 pm
    Out of the quarrel with others we make rhetoric; out of the quarrel with ourselves we make poetry. --W.B. Yeats (1865–1939)
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    Legal Juice

  • How Could This Underwear Thief Not Have Been Caught Sooner?

    John Mesirow
    21 Dec 2014 | 9:03 pm
    You’ll have to click on the link below to see the photograph of the haul. Only then can you understand the magnitude of what this fetishist did. As reported by The South China Morning Post: Some thieves have a penchant for the strangest things. Residents in Yulin city, Guangxi province, were treated to a colourful array of more than 2,000 sets of women’s lingerie laid out neatly on the ground at a public space in their neighbourhood on Saturday. The used underwear, which belonged to women in the neighbourhood, had been stolen by a male resident over the course of the year, news…
  • Can You Get Jail Time For Watching A Cartoon?

    John Mesirow
    20 Dec 2014 | 9:07 pm
    So do you think someone can get jail time for watching a cartoon? Would it make any difference if the cartoons were sexual? Decide for yourself, after reading this from Ronald Clark downloaded the Japanese anime cartoons three years ago, setting in train events that would see him in court in Auckland and jailed for three months for possessing objectionable material, and sparking debate as to what harm is caused by digitally created pornography. That’s a yes. Perhaps a little background will assist you, perhaps not. Clark has previous convictions for indecently assaulting a…
  • Fool Me Once, Shame On Me. Fool Me Four Times?

    John Mesirow
    19 Dec 2014 | 9:04 pm
    You go out drinking, and shit happens. But four times? Fuhgeddaboutit. As reported in the The Police Blotter in The Brooklyn Paper [88th Precinct (Fort Greene–Clinton Hill)]: Some careful crooks emptied the pockets of a man sleeping on the Q train on Dec. 13, according to police. The groggy 43-year-old straphanger said he was drinking at a bar in the Midtown section of Manhattan and boarded a Brooklyn-bound Q train at 11:30 pm on Dec. 12. He fell asleep, and did not wake up until the train was heading back toward Manhattan, then exited at the Atlantic Avenue-Barclays Center station, the…
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    Ernie the Attorney

  • What should you pay attention to?

    Ernie Svenson
    20 Dec 2014 | 10:00 am
    We tend to become what we give our attention to. If we dwell on fear of what might happen in the future, we sort of become that future moment. Which, of course, isn’t real. We lose power when we focus too much on things that aren’t real. [Be here now] We sometimes give attention to the past… because of some wrong we suffered, or some moment of shame. But the past is no longer real. Past moments were real once, but not anymore. There’s nothing you can do about the past… other than to accept that it formed your experiences… and has shaped your destiny… Up to now. From…
  • Your special abilities – Part 2

    Ernie Svenson
    16 Dec 2014 | 12:42 pm
    In the last post I talked about two questions to ask so you can get clear on what close friends think are your special abilities. And I told you I was doing the same thing, and would report back. Well, I’m following through on my promise… Here are the 2 questions, and the dominant responses I got back from my close friends. 1. What is my unique capability? strong infectious curiosity, both outwardly and inwardly focused intellectual curiosity to connect non-obvious associations in a relevant manner 2. What do I naturally do better than most people? great communicator, both written…
  • What are your special abilities?

    Ernie Svenson
    7 Dec 2014 | 5:31 pm
    Every person is really good at at least one thing. Everyone has special abilities, things that impress their close friends and family members. Weirdly, most people don’t fully appreciate their special abilities. I recently did an exercise that asked me to email 5 close friends who had known me for at least 5 years and ask them to answer these two questions: 1. What is my unique capability? 2. What do I naturally do better than most people? I was surprised by two things: (1) how quickly and thoughtfully people responded; and (2) the eerie consistency in how they all responded. By the…
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    Ask the Lawyer @ Dear Esq.

  • How Can I Enforce My Property Rights?

    House Attorney
    19 Dec 2014 | 5:25 pm
    We bought a lot in Maine and built a house 20 years ago. The lot was surveyed by the seller .It was all legal. It is a lakefront lot and we followed all rules for a septic and drilled a well. Our next door neighbor seem to have a shed partly built on our property where he also somehow had dug his own septic and he drew water from the lake. They built their rustic ,uninsulated camp in 1947 and has only 75 feet of frontage on the tiny lot .No place for a real septic and well. I would think until their daughter moved there with her husband 5 mos. ago. They also started making ice cream and…
  • Can I Charge My Town to Use An Easement On My Property?

    House Attorney
    18 Dec 2014 | 10:44 pm
    My town wants to use an easement on my property for traffic due to repairs of a bridge that they will close for about 1 year. Can this be leased with a fee to the town? What other options are there?
  • Is It Illegal to Record Women’s Private Parts?

    House Attorney
    16 Dec 2014 | 8:27 pm
    My partner of 16 years likes videoing girls at grocery stores and recording their private parts. Is this illegal?
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    JURIST - Paper Chase

  • Four Afghans transferred from Guantanamo

    21 Dec 2014 | 12:54 pm
    [JURIST] The US Department of Defense (DOD) [official website] on Saturday announced the repatriation [press release] of four Guantanamo Bay detainees to Afghanistan. The prisoners, Shawali Khan, Khi Ali Gul, Abdul Ghani and Mohammed Zahir, were released after a review of their cases. Although originally detained on suspicion of being associated with groups such as the Taliban and other terrorist organizations, they had been cleared for transfer for quite some time. They were considered "low-level detainees" and not security risks in their home country. With the release, the population of…
  • Obama signs defense spending bill with provisions preventing Guantanamo closure

    21 Dec 2014 | 12:35 pm
    [JURIST] US President Barack Obama signed the annual federal defense policy bill into law Friday but expressed dissatisfaction [press release] over provisions that limit the his ability to close the detention facility at Guantanamo Bay. HR 3979 [bill profile] authorizes a $585 billion dollar budget for Department of Defense (DOD) operations in 2015. The legislation also provides for military construction authorizations and Department of Energy national security authorizations. Obama commented that Guantanamo costs the US millions of dollars annually and it weakens the US national security…
  • Spain's new public security laws ignite nationwide protests

    21 Dec 2014 | 12:11 pm
    [JURIST] Protests erupted in more than 30 cities in Spain on Saturday due to a new public security law that criminalizes certain types of social protests and demonstrations. Protests took place in both large and small cities, including Barcelona, Madrid, Almeria and Valencia. Some protesters wore tape on their mouths and carried signs calling the law a "gagging law. The law [HRW report; text, PDF in Spanish], which was approved last Thursday by the Spanish parliament [official website], is highly controversial and has been criticized as a specific way for the government to silence protesters…
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    The Criminal Lawyer

  • SCOTUS makes a mistake anybody would have made. So it’s okay, right?

    16 Dec 2014 | 11:57 am
    The Fourth Amendment established one of our most important protections against government power: if the police search you or your stuff for evidence, their search must be ‘reasonable'; and if they do get a warrant then it has to be specific, and they’ll need probable cause. In writing, it couldn’t be more straightforward. In practice, however, its meaning is anything but. Over the years, the courts have dramatically muddied the meaning of the Fourth Amendment. Not as badly as the Fifth, perhaps, but badly enough to severely erode the Fourth’s protections against…
  • Training and Experience

    4 Dec 2014 | 12:48 pm
    This has been another one of those years with a heightened awareness of police violence against unarmed black men. Awareness is a good thing. Understanding, however, is better. You can’t solve a problem until you know what the problem is. The problem isn’t really racism, though. The problem is fear. These shootings don’t happen because the victim was black. These shootings happen because the officer was afraid. The overwhelming majority of police officers, of course, will go their entire careers without ever pointing their weapon at another human being, much less…
  • Ferguson Q&A

    25 Nov 2014 | 7:14 pm
    From Tumblr: I haven’t seen the actual evidence yet, so I’ll hold off on analyzing the case just yet. As for the prosecutor’s actions? I think it was a strategy of wussing out. Let me explain: I’m pretty sure the prosecutor decided early on that either (1) there was no crime here, or (2) there was insufficient evidence to prove one beyond a reasonable doubt, and that therefore the case should not be prosecuted. (IIRC, the DOJ also looked at the evidence and said they weren’t going to proceed criminally.) I myself have no idea whether this ought to have been prosecuted or not, but…
  • How to be a good lawyer: Keith Lee’s “The Marble and the Sculptor”

    5 Nov 2013 | 8:26 am
    The Marble and the Sculptor Keith Lee American Bar Association, November 2013, 180 pages, $24.95   I don’t like self-help books. They usually contain a single insight, repeated fifteen different ways, and padded out with anecdotes to fill a couple hundred pages. What might have made an excellent magazine article or blog post becomes a dreary monotone of “omg-check-this-out-guys!” hype. I don’t like books on the practice of law. When they aren’t just plain foolish, written by marketing types who don’t get the concept of a learned profession,…
  • Let’s Make a New Law!

    24 Oct 2013 | 8:59 am
    Any moderately well-informed person these days is aware of the shocking injustices that happen whenever criminal laws get written by people who don’t really understand what criminal law is, or how it works. (Brilliant summary here.) They tend to create crimes that are ill-defined, overbroad, and usually an overreaction to the perceived harm. The results can be pretty bad. How much more cause for concern, then, when the proposed crime violates not only the fundamental principles of criminal jurisprudence, but cherished individual rights that have nothing to do with crime? And how much…
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  • the more things change . . .

    Marty Lederman
    19 Dec 2014 | 6:28 am
    At this late date, this surely doesn’t warrant (or deserve) a detailed response, especially since the President has repudiated it and it no longer represents the view of the government.But for those of you who didn’t follow Balkinization closely back in the last decade . . . no, there wasn’t much serious doubt that certain of the CIA interrogation techniques violated the law.  Waterboarding, in particular–the specific subject of Michael Mukasey’s column–violated the prohibition on “cruel treatment” in Common Article 3 of the Geneva Conventions* (which at the time was…
  • New Developments in Originalist Theory

    18 Dec 2014 | 2:35 pm
    Over at the Liberty Law Blog, there is a very interesting symposium responding to Steve Smith's essay on Meanings or Decisions? -- Getting Originalism Back on Track.  Steve is concerned that the turn to original meaning originalism was mistaken, in part because it made possible my fusion of living constitutionalism and originalism in Living Originalism. If people like me can join the original meaning club, he suggests, maybe it isn't worth being a member anymore. He wants to start over with a new term, like "original decisions originalism."In one sense Steve is right, of course: once…
  • Hobby Lobby and the question for religious freedom

    Andrew Koppelman
    18 Dec 2014 | 9:38 am
    Winnifred Fallers Sullivan is arguably the premier scholar of law and religion in the United States. She brings to the field of law an unparalleled degree of sophistication and historical and anthropological knowledge. When she says that all religious freedom laws are rotten at the core, that claim has to be taken seriously.The core of the problem, she writes, is the distorting effect of the demand that the state distinguish the religious from the nonreligious. The religious life of most Americans, “incredibly varied, creative, and entrepreneurial,” has become so disconnected from the…
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  • At the Blue Gray Café...

    21 Dec 2014 | 3:55 pm
    ... you can talk about whatever you want.And, please, if you need to shop: Use The Althouse Amazon Portal.
  • Hillary Clinton calls the movie about Kim Jong-un "disgusting and reprehensible."

    21 Dec 2014 | 3:44 pm
    "The United States government had absolutely nothing to do with this movie. We absolutely reject its content and message. To us — to me personally — this movie is disgusting and reprehensible. It appears to have a deeply cynical purpose — to denigrate a revered world leader and to provoke rage..."Oh... wait... that was that "Innocence of Muslims" movie about Muhammad that some sleazy guy made. Is he still in jail? This Kim Jong-un movie is a different matter. Free speech! Free speech! How dare the North Koreans object to "the fiery, slow-motion assassination of North Korean leader…
  • "Boys and girls in America have such a sad time together; sophistication demands that they submit to sex immediately..."

    21 Dec 2014 | 3:22 pm
    "... without proper preliminary talk. Not courting talk — real straight talk about souls, for life is holy and every moment is precious."Jack Kerouac, "On the Road" (1951).
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    Concurring Opinions

  • Welcome to Naomi Cahn

    Daniel Solove
    21 Dec 2014 | 8:38 am
    I am delighted to announce that Professor Naomi Cahn is joining Concurring Opinions to post here on a regular basis.  Naomi teaches at George Washington University Law School, where she holds the Harold H. Greene Chair.  She is involved in book, article, and law reform projects concerning families’ interactions and intersections with the law and gendered institutions, nationally and globally.  Her scholarship and teaching cover the entire lifespan, from pregnancy (and attempts to become pregnant) through death and inheritance.   Her co-authored book with June Carbone, Marriage…
  • Fusion and the Firm

    Deven Desai
    20 Dec 2014 | 2:02 pm
    Lockheed Martin claims it is closing in a fusion reactor. Such claims pop up often enough to be dismissed. Yet as the Economist notes Lockheed Martin is asserting that its design could be viable in 10 years rather than previous claims by others which tended to be 30 years. One random, nice thing about being at GA Tech is that when I first read about the claim, I happened to meet a PhD student who was studying nuclear engineering on the campus tram. He confirmed that the approach is known. He was skeptical but agreed it was promising. And that is where the firm comes in. Apparently Lockheed…
  • Original Jurisdiction Practice

    Gerard Magliocca
    19 Dec 2014 | 10:50 am
    Most original jurisdiction cases in the Supreme Court involve dull territorial disputes between states, but the lawsuit filed yesterday by Nebraska and Oklahoma against Colorado is anything but.  The claim is that Colorado’s legalization of marijuana violates federal law and is an “interstate nuisance,” which is some sort of new federalism theory. Here’s my question.  If the Court dismisses this action as not falling within its original jurisdiction, can it do that with a simple order (like a certiorari denial), or is an actual opinion required?
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    Sui Generis-a New York Law Blog

  • Book Review: The Education of a Lawyer

    17 Dec 2014 | 1:09 pm
    This week's Daily Record column is entitled "Book Review: The Education of a Lawyer."  My past Daily Record articles can be accessed here. Book Review: The Education of a Lawyer  Gary Muldoon is an attorney I’ve known and respected ever since I first moved to Rochester in 1995 when I was a young, recent law school graduate. I was introduced to him shortly after arriving in Rochester and a few months later I was hired by the Monroe County Public Defender’s Office. During my tenure there, I constantly referred to the wealth of knowledge in his book, “Handling a Criminal Case in New…
  • 2014 Holiday Gift Guide for the Tech-Savvy Lawyer

    10 Dec 2014 | 1:40 pm
    This week's Daily Record column is entitled "2014 Holiday Gift Guide for the Tech-Savvy Lawyer ."  My past Daily Record articles can be accessed here.  2014 Holiday Gift Guide for the Tech-Savvy Lawyer   Believe it or not, it’s that time of year again: It’s time to start buying gifts for the technology-loving lawyer in your life. But never fear, my holiday gift guide is here! Hopefully you’ll find a few new ideas to help you round out your holiday gift-giving list. First, for the traveling lawyer in your life, consider buying a portable laptop stand. These devices raise laptops…
  • NYSBA on responding to a complaint on a website

    4 Dec 2014 | 7:55 am
    This week's Daily Record column is entitled "The Ethics of Communicating With Your Clients Online."  My past Daily Record articles can be accessed here. It used to be that when clients had a complaint about the legal services provided to them, their only lines of recourse were to file an ethics complaint, file a claim in court or tell a few friends about it. Sure they could try to send a letter to the editor about it, but the likelihood it would actually get published was minimal.That was then, this is now. The Internet has completely changed the ballgame when it comes to feedback on…
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  • The Revolving Door And Steve Cohen

    David Zaring
    17 Dec 2014 | 1:27 am
    The Times reports: The billionaire investor, who managed to fend off a criminal insider trading investigation of himself, if not of his former hedge fund, is looking for a former prosecutor and several agents from the Federal Bureau of Investigation to join his new $10 billion investment firm, Point72 Asset Management, said several people briefed on the matter, who spoke on the condition of anonymity. Look, one of the reasons to feel good about the revolving door is that it salts financial institutions with people who expect law compliance.  So maybe that explains this development, and we…
  • Would I Buy a MoviePass?

    Christine Hurt
    16 Dec 2014 | 1:53 pm
    So, readers here know that I go to the movies a lot.  A lot.  I really like movies, and movies are expensive.  Particularly the way we go to the movies (like they are going to stop making popcorn any second).  One of the great things about Utah County is that there is a $1 theater and a $3.50 theater (with $1 popcorn) that show movies the week they leave the other theaters, and sometimes before.  But now, AMC and MoviePass are offering a monthly subscription service in Boston and Denver that allow moviegoers to see up to one movie a day for a flat fee ($35 standard format/$45 any…
  • The Political Economy and the Regulatory Sine Curve

    Usha Rodrigues
    16 Dec 2014 | 11:29 am
    The answer to David's question, Will The Swaps Pushout Rule Die In The Cromnibus?,! Here's the bill itself.  A short-and-sweet 5 pages, it exempts from Dodd-Frank's Section 716 all "non-structured finance swap activities," and any structured finance swap that are for "hedging or risk management purposes" or later exempted by the relevant agencies in rulemaking.  So there's still some room for industry lobbying at the agency rulemaking level, although it is a one-way ratchet that will only exempt more swaps from regulation. Here is some commentary, via banking colleague and friend…
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    Ms. JD Blog

  • BEEatitudes: Life After Law Can Be Pretty Sweet- An Interview with Chloe Epstein

    18 Dec 2014 | 8:03 am
    For my December post, I had the honor of interviewing Chloe Epstein, President of Chloe’s Soft Serve Fruit Co.  I first learned about Chloe while reading an article on another website, and when I learned that she is a lawyer I immediately wanted to pick her brain about life after law and using your legal experience to explore your other passions. Bianca Gay: When and why did you decide to go to law school? Chloe Epstein: As a Political Science major, I dabbled with the thought of law school in college but was not convinced upon graduation. I wanted to pursue some other interests…
  • Law Student Perspective on Serial: Truth in the Criminal Justice System

    17 Dec 2014 | 9:59 pm
    By now everyone has at least heard of the wildly successful podcast Serial.  I had been avoiding it for weeks because I knew it was the kind of show I would get obsessed with at the expense of my to-do list.  But last weekend I caved to FOMO and sure enough I binge-listened to the fascinating real life murder mystery.  Serial is appealing to anyone who loves a good story.  But for those of us who are interested in the criminal justice system, the back and forth about whether Adnan Syed killed his high school girlfriend Hae Lee justifies the comparisons to The Wire.  …
  • Pre-Law Perspective on Serial: What is the evidence going to show?

    Laura Bladow
    17 Dec 2014 | 9:01 pm
    Although I was late jumping on the Serial bandwagon, I was quickly hooked after listening to the first episode. If you haven’t been listening, I highly recommend taking sometime to catch up on the true crime story being shared in podcast form. While much of the discussion surrounding Serial centers on trying to conclusively prove or disprove Adnan Syed’s guilt or innocence, after a marathon of episodes, I kept coming back to one question: “Was there really enough evidence to have convicted Adnan?” Admittedly, I am very much a legal novice. As a 0L, I have yet to learn…
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    Legal Profession Blog

  • Attorney Has Due Process Right To Notice Of Alleged Rule Violations

    Legal Profession Prof
    20 Dec 2014 | 7:22 am
    The Utah Supreme Court has reversed findings of misconduct, concluding that the accused attorney had been denied due process. A screening panel found that the attorney violated Rules 1.2, 1.4 and 8.4(a). The attorney had not been placed on notice...
  • Stealing From Elderly Client Draws Appropriate Sanction

    Legal Profession Prof
    20 Dec 2014 | 3:37 am
    An attorney who had obtained power of attorney from an elderly client was disbarred by the Maryland Court of Appeals for misappropriation and deceit. The attorney was added to a joint bank account that had over $14,000 on balance. Approximately...
  • Whereabouts Unknown

    Legal Profession Prof
    19 Dec 2014 | 7:25 am
    An attorney who was charged with felony receiving stolen property failed to appear for court proceedings. His whereabouts are presently unknown. As a result, the Kentucky Supreme Court has ordered an indefinite suspension. The attorney is presently suspended for unrelated...
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    China Law Blog

  • How To Do Business In China: The Infographic

    21 Dec 2014 | 9:27 am
    About three years ago I shut down my twitter account. A few months ago, I very quietly got back on (@danharris).  My main reason for choosing to return was out of a fear of missing something. Those who know me know exactly what I mean by those. Those who don’t know me probably have no idea what I mean by this. Anyway, someone named Matt Pillar started following me on Twitter and when it became apparent to me that this person who had some really insightful things to say about China, I started following him back. The more I saw of him, the more impressed I became and so today I checked…
  • CIETAC Arbitration: Different But Fair

    20 Dec 2014 | 6:36 am
    Every year, an increasing number of Chinese companies require that their contracts with American companies provide for disputes to be resolved via arbitration in China. In these situations, we are seeing mostly CIETAC arbitration clauses Many of our clients “freak out” about the idea of having to arbitrate in China, with their concerns usually focusing on their ability to “get a fair trial” in a case between a Chinese company and an American one. Our China lawyers usually explain how in our experience (and from what we hear from our lawyer friends), the fairness issue…
  • China Holiday Schedule 2015: THE Infographic

    17 Dec 2014 | 5:33 am
    The China Holiday Schedule 2015 infographic below comes from Ryan McLaughlin’s consistently excellent and important Lost Laowoi Blog. Use it and you will not have to wonder why so and so is not picking up the phone on such and such date in 2015 or why nobody can meet with you between February 18 and February 24.
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    Patently-O » Patent

  • Promega v. Life Tech: Enablement and Open Claim Elements

    Jason Rantanen
    19 Dec 2014 | 1:00 pm
    By Jason Rantanen Promega Corp. v. Life Tech. Corp. (Fed. Cir. 2014) Download Promega v Life Tech Panel: Prost (dissenting-in-part), Mayer, Chen (author) This decision is interesting for its enablement analysis, which revolves around the term “comprising,” and for its holding on 271(f) liability for international inducement (the portion of the opinion as to which Chief Judge Prost dissented).  I’ll write more about the 271(f) issue in a subsequent post. A few core technical details are useful for understanding this opinion.  The patents at issue relate to DNA, and…
  • No Willful Infringement Since Infringer’s Litigation Arguments were “Not Without Reason”

    Dennis Crouch
    19 Dec 2014 | 9:17 am
    by Dennis Crouch Sryker v. Zimmer (Fed. Cir. 2014) In 2010, Stryker sued its competitor Zimmer for infringing three patents covering pulsed lavage devices used for wound cleaning.  U.S. Patent Nos. 6,022,329, 6,179,807, and 7,144,383. A jury sided with the patentee awarded $70 million in lost profits and also found that the infringement willful.  Taking that verdict, the district court then awarded treble damages for willfulness, attorney fees based upon the exceptional case, and a permanent injunction against Zimmer.   On appeal, the Federal Circuit has affirmed the underlying…
  • Inventing to Nowhere

    Dennis Crouch
    18 Dec 2014 | 12:58 pm
    Although it is very much part of a PR campaign, the new documentary Inventing to Nowhere is also really well done.  Now streaming online:
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    Religion Clause

  • Cert. Petiiton Filed In 6th Circuit ACA Non-Profit Contraceptive Mandate Case

    Howard Friedman
    21 Dec 2014 | 11:22 am
    On Dec. 12, a petition for certiorari was filed with the U.S. Supreme Court in Michigan Catholic Conference v. Burwell. (Docket entry). The full text of the petition is available on Westlaw at  2014 WL 7166539. In the case, the U.S. 6th Circuit Court of Appeals denied preliminary injunctions to several Catholic non-profit entities that object to the Affordable Care Act contraceptive coverage accommodation. (See prior posting.) BNA Daily Report for Executives [subscription required] reports on the filing of the petition.
  • President Signs Bill Extending Until 12/31 Tax-Free Charitable IRA Distributions

    Howard Friedman
    21 Dec 2014 | 8:44 am
    On Friday, President Obama signed H.R. 5771, the Tax Increase Prevention Act of 2014. Section 108 of the Act extends until Dec. 31, 2014 the provision allowing tax-free distributions from IRA's for charitable purposes. The benefit applies to IRA holders who are at least 70 1/2 years old.  The Wall Street Journal reports in more detail on the provision.
  • Recent Prisoner Free Exercise Cases

    Howard Friedman
    21 Dec 2014 | 7:00 am
    In Wakefield v. Indermill, (9th Cir, Dec. 18, 2014), the 9th Circuit affirmed dismissal of an inmate's complaint that he was denied weekly communion and foot washing services in the security housing unit.In Presley v. Scott, 2014 U.S. Dist. LEXIS 172742 (ND AL, Dec. 15, 2014), an Alabama federal district court, while dismissing a number of plaintiff's claims, allowed an inmate to proceed against certain of the defendants for seizing and destroying his medicine bag and other religious items.In Johnson v. Lewis, 2014 U.S. Dist. LEXIS 173411 (WD NC, Dec. 16, 2014), a North…
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  • Rededication

    Ron Coleman
    17 Dec 2014 | 11:54 am
    Originally posted 2010-12-01 20:08:12. Republished by Blog Post PromoterOr, perhaps, recycling.  (Recycled that gag last year too.) It once again seemed appropriate, considering both the sad events concerning the recent passing of Ed. of Blawg Review and that this is first day of Chanukah — to reprint 2009’s last-ever Chanukah Blawg Review on LIKELIHOOD OF CONFUSION®.  Better to light a candle … or eight… than to curse the darkness, after all. It went something like — well, exactly like — this post, below.  As I re-read this, I realize that a lot of…
  • Seattle. Trademark lawyers.

    Ron Coleman
    9 Dec 2014 | 8:06 am
    Originally posted 2009-05-19 00:20:16. Republished by Blog Post PromoterAt Mike Atkin’s place in Seattle, all kinds of law bloggers, but mostly trademark ones, got together tonight in honor of all being rained on in the same place for the annual INTA Festival of Expense Accounts. Here are two of them.  Yes, that’s Randazza on the right (Marc, Marco, whatever) — not in the picture, but in real life.  And of course, me on his left.  Equally preposterous! Matter meets antimatter INTA:  Anything can happen!  (UPDATE:  Official pic here.)
  • Strict construction

    Ron Coleman
    9 Dec 2014 | 8:06 am
    Originally posted 2005-01-05 09:06:00. Republished by Blog Post PromoterNo, not more about that constitutional dustup at the Volokh Conspiracy. The delivery guys were supposed to be here yesterday with a blog roll and a direct link on the top to the firm website. But you know how it is — they just called from Route 3 for directions. Sheesh. UPDATE: The Dean intimidated me into sticking the darned HTML code in there myself. It’s “good enough for government work.” Thanks to him (again) and Bob Cox for our first-ever links. But enough log-rolling. Now it’s time for…
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    Grits for Breakfast

  • TDCJ deaths in custody skyrocketed after 2011 healthcare cuts

    21 Dec 2014 | 8:27 am
    The press and advocates focused on the death penalty and even police shootings are missing the big picture about deaths of Texans at the hands of the state.Regular readers know this blog seldom considers death-penalty topics unless a case intersects with other issues I routinely cover like innocence, forensic errors or prosecutor misconduct. By contrast, to read most MSM sources, both opinion and news, you'd think that what happens in Texas' execution chamber is the single most important life-or-death issue facing the criminal-justice system. Taking a step back from that myopic view, however,…
  • Pondering the Ghosts of Christmas Pardons Past, Present and Future

    18 Dec 2014 | 8:04 am
    Will Texas Gov. Rick Perry issue one last round of Christmas-time pardons on his way out the door?The future of executive clemency looks bleak.Image from A Christmas Carol, 1951.Usually he'd do it this week. (The sign of a clemency geek: I've been keeping the governor's web page up in a browser tab and periodically refreshing it. At least I'm up to date on the governor's views on the Australian hostage crisis and Chanukah.) Grits notoriously is not a great fan of the Christmas pardon phenomenon, but for the most part, with a few notable exceptions (especially early in his governorship), Perry…
  • Antebellum Texas judges enjoyed sweeping habeas corpus authority

    18 Dec 2014 | 6:23 am
    Grits recently opined that, over the long arc of history, nearly all legislative involvement in habeas corpus has been to restrict judicial authority, with the creation of Texas' new junk science writ in 2013 cutting against the grain. To see how much habeas corpus authority has been restricted over the years in Texas, I spent a little time looking through the 1856 Texas Code of Criminal Procedure (pdf), which I found online at the Texas Legislative Reference Library. Compare it with Chapter 11 of today's Code of Criminal Procedure which covers habeas corpus and one quickly realizes that…
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    Blonde Justice

  • Things They Should Teach In Law School

    Blonde Justice
    5 Dec 2014 | 12:38 pm
    A big part of my job is making up excuses. Especially about why my clients or my witnesses are late. When I was in the big city, I relied more on train trouble. In the suburbs, "He's just parking" is my new go-to. Everyone is always "just parking." Sometimes for hours or days. But these are the things I think they should teach public defenders in law school.  That, and copier repair. 
  • B as in Blonde...

    Blonde Justice
    21 Nov 2014 | 9:17 am
    My client left a message for me and spelled her name in the cutest way. I can't help but think that it took her some time to come up with it. I don't want to give up her name obviously but let's just say her last name was Grubs.  Her message said "G as in Glitter, R as in Rainbows, U as in Unicorns, B as in Butterflies, S as in Stars." It was great! So cheerful... and I'll certainly remember to call her back! Oh, I'd better go do that!
  • Grumpy Justice

    Blonde Justice
    10 Nov 2014 | 10:50 am
    Step One: Identify whether you are a "loud talker."Step Two: Learn to shut your office door, especially when you are on personal calls.Seriously, you are all the way down the hall and I can't concentrate.
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    Drug and Device Law

  • Apple of Our Eye—Class Cert. Denied

    Steven Boranian
    19 Dec 2014 | 7:21 am
    The district court’s order denying class certification in Rahman v. Mott’s LLP, 2014 U.S. Dist. LEXIS 167744 (N.D. Cal. Dec. 3, 2014), is a nail-biter in the same sense as the movies Argo and Captain Phillips.  We know the outcomes will be good because history tells us that the hostages leave Iran safely and the captain of the seized container ship Alabama will be rescued unharmed by the modern-day superheroes known as Seal Team 6.  But man, it sure was tense getting there.  If your heart was not beating quickly when the hostages were faking their way through the Tehran…
  • Pennsylvania Sound Bites

    Michelle Yeary
    18 Dec 2014 | 8:50 am
                In searching for cases for this blog, we sometimes feel like its Groundhog Day.  Another preemption win in a PMA medical device case.  Another food labeling decision from California.  Another failure to plead fraud with particularity dismissal.  Another “Okay, campers, rise and shine, and don't forget your booties 'cause it's cooooold out there today.”  Well, that last one really only applies to Phil Connors, but you get the idea. …
  • Closing Time for the New Jersey Alcotest Product Liability Case

    Steve McConnell
    17 Dec 2014 | 4:30 am
     What is that sad, semi-clever thing bartenders have been known to say at closing time?  "You don’t have to go home, but you can’t stay here."  Our days of being around at closing time are in the rear view mirror, growing tinier by the second.  We are unlikely ever again to reenact that greatest of all Sinatra songs, "One for My Baby" ("It’s quarter to three/there’s no one in the place except you and me").  Odds are that at 2 am on any Saturday night, we will be deep asleep, enduring another of those dreams where we showed up late for our Contracts exam, naked and…
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    Crime and Consequences Blog

  • The Ferguson Protesters Got What They Wanted

    Bill Otis
    21 Dec 2014 | 12:07 pm
    The narrative has already begun that the assassination of two NYC police officers had nothing to do with the hatred of the police Leftists (and not a few libertarians) have been fanning at least since the Michael Brown shooting in Ferguson.  A related narrative is that the assassin was simply a deranged man bent on violence, see, e.g., this just-published NYT story.I guess we're supposed to forget this demonstration, staged in New York City a very few days before yesterday's assassination.  For those who have trouble with the audio portion, let me spell it out.  What the…
  • Policemen Literally Turn Their Backs to De Blasio

    Bill Otis
    21 Dec 2014 | 11:42 am
    In a scene full of sadness, anger and portent, police officers in complete silence turned their backs to Mayor Bill De Blasio as he entered a room to hold a press conference.  The scene, from CBS News in New York, is here.  You can only grasp its power by watching it.A NYT story contains this interesting note:For weeks, ever since a grand jury declined to indict a white police officer in the death of Mr. Garner, many police officers have talked about feeling as if they are under siege.Former Police Commissioner Raymond W. Kelly, speaking on ABC's "This Week" on Sunday, said that the…
  • Immediate Reaction to the Police Assassination

    Bill Otis
    20 Dec 2014 | 5:04 pm
    A couple of things we are certain to hear eight zillion times in the next couple of days:1.  "These killings were a senseless act."  Of course this is nonsense.  It made plenty of sense to Ismaaiyl Brinsley, the man who did it.  He had it in for the cops, in part, as his Instagram entry all but proclaims, because of the intentionally whipped-up hatred against them, and acted on his hatred.  Nothing senseless about it.2.  "We should come together in the face of this tragedy."  This will be said over and over by the people who used the Michael Brown and Eric…
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    CLEWS Your Home for Historic True Crime

  • Giving Thanks... and the latest on one Dr. Wm. Palmer

    Laura James
    27 Nov 2014 | 6:24 am
    Today I am particularly thankful for well-written historical true crime books and cheerily pass along my most recent discovery in our favorite genre, heartily recommended for true crime fans and Anglophiles, an update on the classic true crime story of Dr. William Palmer [Wiki]. The book is The Poisoner: The Life and Crimes of Victorian England's Most Notorious Doctor from Overlook Press.  It's an act of pure pluck to start a book with the subject's execution, and it takes quite some skill to make it a page-turner from there, but attorney-journalist Stephen Bates pulls off…
  • True Crime Author Corey Mitchell, 1967 - 2014, R.I.P.

    Laura James
    24 Nov 2014 | 3:07 pm
    True crime author Corey Mitchell,47, passed away suddenly in late October. News accounts say he died of a heart attack. Mitchell studied law but did not practice; instead, he wrote seven true crime books, and a few years ago he was the editor of a well regarded if short-lived and now sadly defunct online true crime collaborative. (Read my initial piece on In Cold Blog here).  Mitchell's titles are Evil Eyes, Pure Murder, Dead and Buried, Murdered Innocents, Strangler, and Savage Son, along with his first and, he told me, most successful book, 2001's Hollywood Death Scenes.
  • Murder & Mystery in Michigan

    Laura James
    3 Aug 2014 | 8:00 am
    (Ed. note: Proving again that oil has always been a bloody , awful business, true crime author Robert Knapp unearthed a gem of a murder case from the 1930s and has just released a book on it, Mystery Man--Gangsters, Oil, and Murder in Michigan. It concerns murder victim Isaiah Leebove—gambler, oil speculator, lawyer for the Purple Gang. The press release was so prettily written that I'm pinching it entire for the many fans of true gangster stories replete with larger-than-life makers of mayhem.) Murder & Mystery in Michigan by Robert Knapp   “Did I get him?”    “You got…
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  • Police Union President Blames Protesters and Mayor for Officers' Murder

    21 Dec 2014 | 6:52 am
    Just when the police were about to get some sympathy as a result of the killing of two Brooklyn police officers, the President of the Police Union, Patrick Lynch, takes to the microphones and outlandishly claims there's blood on the hands of... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
  • Two Brooklyn Police Officers Shot and Killed

    20 Dec 2014 | 2:59 pm
    Two Brooklyn police officers who were sitting in their patrol car were shot and killed by a lone gunman from Baltimore. The gunman shot himself in a nearby subway station. The Daily News has a graphic photo of him alive on a stretcher as he was... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
  • Holidays: Remembering to Heart Your Favorite Bloggers

    20 Dec 2014 | 2:20 pm
    December likely is the month that bloggers balance the ledger sheet and reassess their time commitment to blogging because of the financial drain. How many hours were spent blogging, how much money did it cost in lost income from their day job and... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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    TheFunded Founder Institute News

  • 15 Quotes That Will Help You Position Your Business for 2015

    21 Dec 2014 | 9:00 pm
    “The future is already here—it is just unevenly distributed.” - William Gibson Amid the holiday bustle, the New Year offers a fresh breathe of air for business owners looking to revamp strategies and focus efforts. As the market evolves and customer needs widen, it is imperative for leaders to guide their team in the right direction for 2015. To assist you during this time of concentration and action, we’ve compiled a list of quotes from entrepreneurial gurus who’ve written a few the most influential books for small business leaders, plus more. 1.
  • Why Twitter, Instagram, Lyft, and Should Have Failed

    19 Dec 2014 | 12:10 pm
    Think you have a startup idea that won't go anywhere? Think again. Many of today’s most successful companies started off with a simple, goofy, or ridiculous idea that should have failed. After all, the perception of what is a brilliant conceit and what is a stinker can change over time, and often does. Here’s what Mike Maples, Jr., one of Silicon Valley’s top investors has to say on the matter: The more people who think you’re wrong, the better. By the time the rest of the world catches up, you’ve made huge progress.” Ever wonder which prominent companies…
  • Crowdfunding is About More Than Money

    18 Dec 2014 | 12:20 pm
    True, successful crowdfunding campaigns can be a potentially prosperous means of raising funds for a startup. However, too many people get too caught up in the monetary rewards, that they overlook the other benefits of launching a crowdfunding campaign for their product or service. Read on to learn the other ways that a crowdfunding campaign can help you. The blog post, "The Many Faces of Crowdfunding - It's Not Just About the Money," written by Lauren Reiterman originally appeared on Focus Product Design's blog and has been republished with permission below: Great…
  • The Truth About Co-Founders

    18 Dec 2014 | 12:15 pm
    From beginning to finish, launching a startup is a complex and laborious endeavor. Everyday is an adventure, and problems will arise quickly.   How will you find solutions? By sourcing quick tips from founders who’re facing the same challenges as you. To offer assistance along your journey, the Founder Institute has gathered our expansive network of entrepreneurs to solve the problems you encounter each day.   In this installment of Ask an Expert, Founders Tom Arnold of, a software platform for pet industry manufacturers, municipalities, and value-added…
  • What to Consider When Starting Up in the U.S. as an Expat

    16 Dec 2014 | 6:00 am
    It can be a frightening feat to leave your home country and establish business on foreign lands. Though it may seem impossible, many have succeeded, defying the odds and hurdling through loopholes to do so. In a recent webinar titled, "How Expats can Start Up in the U.S.", founders Nitin Pachisia of Unshackled and Mike Galarza of Entryless, share their personal experiences of navigating through the process of visas, hiring employees, and incorporating their businesses. With ties from Mexico and India, both overcame varying obstacles through each stage of becoming a business leader in the…
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  • This week at the Court

    Kali Borkoski
    20 Dec 2014 | 9:01 pm
    The Justices will meet for their next Conference on January 9. The January sitting begins on January 12.
  • Petition of the day

    Maureen Johnston
    19 Dec 2014 | 7:15 pm
    The petition of the day is: Fox v. Fox 14-435 Issue: Whether, under the Due Process Clause, a state court must have personal jurisdiction over an assailant to award a no-contact order, valid only within that state, to a victim of abuse who is domiciled in the state.
  • Appeals court: Gun control must meet toughest test

    Lyle Denniston
    19 Dec 2014 | 5:25 pm
    Breaking ranks with other federal appeals courts, and probably setting up a major test case for the Supreme Court, the U.S. Court of Appeals for the Sixth Circuit has ruled that laws imposing controls on the personal right to have a gun must satisfy the most rigorous constitutional test.  And, in another split with other courts, it was the first to strike down a federal gun law under the Constitution’s Second Amendment as expanded by the Supreme Court six years ago. Since the Justices’ ruling in 2008 in District of Columbia v. Heller, finding in the Second Amendment a…
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    Larry Bodine Law Marketing Blog

  • Federal Court Throws Out Florida's Advertising Rules on Use of Past Results

    Larry Bodine
    17 Dec 2014 | 8:55 pm
    As reported on Law Practice Advisor: Blasting the Florida Bar, a federal judge threw out state ethics rules that ban the use of past results in lawyer advertising in indoor and outdoor display, television and radio media. The court held that the rules were unconstitutional and in violation of the First Amendment. The landmark ruling on December 12, 2014, is a complete rejection of the Florida Bar’s obstinate efforts to suffocate lawyer advertising in a state with 68,500 attorneys. The court granted the plaintiff law firm’s motion for summary judgment, and went on to enjoin…
  • 6 Forecasts for 2015 for Law Firm Marketing

    Larry Bodine
    15 Dec 2014 | 7:44 am
    From the LexisNexis Business of Law Blog LexisNexis recently asked a several dozen experts for legal industry predictions for 2015, which we will publish here later this week.  Larry Bodine, the editor Law Practice Advisor, provided six for law firm marketing  and we’ve  decided to run his viewpoints as a standalone post. Here are the first three of Mr. Bodine’s six predictions for legal marketing next year: 1.The firm website becomes the sine qua non of legal marketing. A law firm website is now the essential element of its…
  • 6 Practical Steps to Build Client Loyalty

    Larry Bodine
    9 Dec 2014 | 9:37 am
    Ken Hardison is publishing a new book, “Under Promise, Over Deliver — How to Build the Preeminent Law Firm in Your Market.” Here is an excerpt from Chapter Six. A loyal client and a satisfied client are not to be confused. While client satisfaction is an element of loyalty, a client could be satisfied and still feel no connection to you or your firm. A loyal client experiences five things: The overall satisfaction of doing business with your law firm. The willingness to build a relationship with you and your company. The willingness to be a repeat client.
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    Jim Calloway's Law Practice Tips Blog

  • The First Cyber War or Just Another Security Breach?

    Jim Calloway
    18 Dec 2014 | 10:32 am
    Sony Pictures announced the cancellation of the opening of the movie “The Interview” after a well-publicized cyber-attack and threats of attacks on theaters showing the movie. This was a fast developing situation and media reports state that on Tuesday the...
  • Microsoft Surface Pro 3 - the 3rd time is the charm!

    Jim Calloway
    11 Dec 2014 | 12:38 pm
    They say the third time is the charm. And everyone I know who has tried the Microsoft Surface Pro 3 says it is a really great machine. My podcast teammate Sharon Nelson has one and she loves it. Sharon is...
  • Navigating the Changing Legal Landscape

    Jim Calloway
    8 Dec 2014 | 12:09 pm
    The November 2014 issue of the Oklahoma Bar Journal featured a theme of “Navigating the Changing Legal Profession.” There are a number of noteworthy articles contained in this issue and it is our pleasure to share them with you. Adapting...
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    Robert Ambrogi's LawSites

  • Last-Minute Shoppers Unite! The Ultimate Round-Up of Gift Lists for Lawyers

    Robert Ambrogi
    19 Dec 2014 | 6:41 am
    If you are at all like me, then you have not even started, let alone finished, your holiday shopping. Should there be a lawyer on your holiday list, I’m throwing you a lifeline with a round-up of blog posts and websites offering gift suggestions for lawyers. The essential list is Reid Trautz’s annual Holiday Gift […] The post Last-Minute Shoppers Unite! The Ultimate Round-Up of Gift Lists for Lawyers appeared first on Robert Ambrogi's LawSites.
  • CosmoLex Evolves from Time and Billing to Full Practice Management

    Robert Ambrogi
    16 Dec 2014 | 6:00 am
    Since its launch earlier this year as a cloud-based billing and trust accounting platform, CosmoLex has steadily added new features and capabilities, gradually moving towards becoming a full-fledged law practice management platform. That progress continued today with the roll-out of three new features: document storage and management, pre-defined workflows and case notes. I first saw CosmoLex […] The post CosmoLex Evolves from Time and Billing to Full Practice Management appeared first on Robert Ambrogi's LawSites.
  • New Book Covers the Basics of PDF for Lawyers

    Robert Ambrogi
    13 Dec 2014 | 11:24 am
    Out this week is PDF Essentials for Lawyers, a new ebook by New Orleans attorney Ernie Svenson that is designed to serve as a simple guide to using PDF for lawyers and legal professionals. And if you are at all interested in this topic, now is the time to buy the book, because Ernie is […] The post New Book Covers the Basics of PDF for Lawyers appeared first on Robert Ambrogi's LawSites.
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    Wise Law Blog

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

    Rachel, Law Clerk and Office Manager
    19 Dec 2014 | 6:45 am
    Here are the leading legal headlines from Wise Law on Twitter: My post this week SlawTips: Avoiding File AvoidanceAfter a career change, Blind Melon guitarist is a BigLaw lawyer Emma Czornobaj gets 90 days in prison in stopping-for-ducks case Ontario court rules Toronto supermarkets selling prepared food can stay open on holidaysContesting Traffic Fines, Missouri Sues 13 Suburbs of St. Louis Bar groups call out appalling lack of diversity of new judges Police say Ontario Liberals paid $10,000 to wipe 600,000 files off hard drives in premier’s office Odor in the court! Another…
  • 140 Law - Legal Headlines for Thursday, December 18, 2014

    Rachel, Law Clerk and Office Manager
    18 Dec 2014 | 6:03 am
    Here are the leading legal headlines from Wise Law on Twitter:Man who has lived in Canada for 60 years may apply as political refugee…in Canada Osler lawyer’s efforts make traffic court disclosure the norm for self-represented litigants in Ontario Florida judge grants petition for state’s first same-sex divorce Sony pulls movie “The Interview” after cyber-attack, terror threats by North Korea“Meta-costs” submissions? Two-tier test for law firms' conflict of interest?B.C. urged not to enforce new federal prostitution law Suzanne Côté waged $200,000 tax battle over clothes…
  • 140 Law - Legal Headlines for Wednesday, December 17, 2014

    Rachel, Law Clerk and Office Manager
    17 Dec 2014 | 6:43 am
    Here are the leading legal headlines from Wise Law on Twitter:Christian law school to fight decision to deny accreditationOntario fails to track complaints against Crown attorneys - Toronto StarWalmart ordered to pay $188 million for cutting Pennsylvania workers’ meal and rest breaks Cosby Won't Be Charged Over Molestation ClaimJury Rules Against Boy Scouts of America in $7 Million Abuse LawsuitRoman Polanski Files Motion to Close L.A. Case Federal government fills Ontario court vacancies | The Toronto StarGerman court: 93-year-old Auschwitz guard to be tried on 300,00 counts of accessory…
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  • Some Recent Podcasts and Articles for You

    26 Nov 2014 | 12:50 pm
    I wanted to wish everyone a happy Thanksgiving. It’s a good time to say “thnak you!” to my patient readers (and the impatient ones, too). I’m hoping to get back onto a regular blogging schedule soon.I also wanted to highlight some of my recent podcasts, articles and other odds & ends.Tom Mighell and I just reached the 140-episode milestone for The Kennedy-Mighell Report podcast. It’s great working with the Legal Talk Network team on the podcast. I recommend subscribing to the the podcast (free) in iTunes or in a podcast app.I mention subscribing because we…
  • Reflections on 2014 College of Law Practice Management’s Futures Conference

    30 Oct 2014 | 7:03 pm
    A few weeks ago, I was honored to be inducted as a Fellow in the College of Law Practice Management, joining a group full of people I have long admired and gotten the opportunity to speak, write and work with over the years.Even better, I got to attend the 2014 Futures Conference held at Suffolk University School of Law. Suffolk could not have been a better host and the program – a combination of TED-type talks and brainstorming sessions leading to a “Shark Tank” competition was quite fun, giving both the opportunity to learn and the chance to meet and collaborate with many…
  • 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.
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    Inter Alia

  • Review: Logitech Keys-to-Go Bluetooth Keyboard

    Tom Mighell
    1 Dec 2014 | 11:14 am
    For years, I have used (and recommended) two Bluetooth keyboards, primarily when I am using my iPad. I tend to use Apple’s Wireless Keyboard more; it’s reasonably thin and light, and I like that it’s a full-size keyboard, which is not the case with most of the other portable keyboards for the iPad. If I have a complaint, it’s that it is too big and clunky – of course it’s all relative, but if I could find a Bluetooth keyboard that was smaller, I’d jump at it in a heartbeat. The Logitech Ultrathin Keyboard Cover is a thinner, smaller keyboard, and I…
  • iPads and “The Art of Being Solo”

    Tom Mighell
    26 Jun 2014 | 11:40 am
    I am a firm believer that there can never be too many practice management resources for solo lawyers. As the name implies, solo lawyers don’t have the colleagues to help them when it comes to technology, marketing, finance, and overall management of a law practice. That’s why I was pleased and flattered to participate in The Art of Being Solo, a summit hosted by attorney Sarah Poriss.  It’s a free online interview series designed to explore the issues and challenges faced by solos and small firm attorneys to answer the question “How can we all build a law practice that…
  • Why are Passwords So Hard for Lawyers?

    Tom Mighell
    13 Feb 2014 | 10:49 am
    The subject of passwords is one that is both fascinating and frustrating to me. We know that it’s getting easier and easier for hackers to crack our passwords; just three years ago, a nine-digit password would take 44,530 years to crack, but today that same password can be cracked in less than a day, according to Passfault. And yet, when I mention this in speeches that I give, lawyers invariably give a heavy sigh, roll their eyes, and promptly tune out. I know what they’re thinking: “12 digit password?  It’s hard enough for me to remember the name of my dog and the…
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    Amazing Firms, Amazing Practices

  • Why Google Values Predictability

    Gerry Riskin
    4 Dec 2014 | 4:26 am
    _________________________ A recent post on the Human Capital League website talks about “The Boring Trait that Google Looks for in its Leaders.” Contrary to what most of us might think, the article says, “The most important character trait of a leader is one that you’re more likely to associate with a dull person than a dynamic leader: predictability. The more predictable you are, day after day, the better.” The article points out that Google may be a reliable source of guidance for other businesses due to the thoroughness with which the company collects data from…
  • Verrill Dana: A Ceiling Smasher!

    Gerry Riskin
    10 Nov 2014 | 6:08 am
    Kudos to the law firm of Verrill Dana LLP for ranking as one of the top law firms in the US for its percentage of female partners. A nationwide survey by Law360 showed that Verrill Dana is among the top 25 firms in the country with the highest concentration of female partners – earning the company 14th place in Law360s “2014 Class of Ceiling Smashers.” At Verrill Dana, a full-service law firm with more than 100 lawyers, 32% of the firm’s partners are women. Law360 reports that, by contrast, only 21% of law-firm partners nationally are women – despite the fact that women…
  • Icebergs and Sea Monsters in Treacherous Legal Seas

    Gerry Riskin
    25 Sep 2014 | 2:26 am
      I was privileged to have been asked by the American Bar Association to write an article about the future of the legal profession for “The Annual Big Ideas Issue” of Law Practice Magazine (July/August 2014). Click on the image to read the article in full. I hope you enjoy it. Gerry      
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    LawBiz® Blog

  • Service is still the name of the game

    Ed Poll
    20 Dec 2014 | 7:36 pm
    A New York consulting firm recently conducted a survey and found that eight of the top 10 companies that no longer provided extraordinary support for their products and services for technology companies. Companies like Samsung, Apple and others apparently are appealing to a younger audience that is not accustomed to having handholding as an element of value. Dunkin’ Donuts was one company that  was more traditional and not technology based. Apple, while no longer  enabling you to make an appointment at their “Genius Bar” online nevertheless  still had a service component…
  • Disaster Preparedness Always Needed

    Ed Poll
    19 Dec 2014 | 10:40 am
    Disaster Preparedness Always Needed Within the last few days, a major law firm’s (Lewis Brisbois Bisgaard & Smith LLP) Los Angeles office has been severely impacted. One of the largest fires seen in the Los Angeles area (Da Vinci Apartment project) also damaged 8 of the adjoining building’s 16 floors that housed the firm’s Los Angeles office with 250 lawyers and staff. The office’s managing partner, Timothy R. Graves, put the best face on the situation by saying their experience in New York (Hurricane Sandy) gives them some advantage in dealing with the Los Angeles experience. …
  • Another swing for the politicos

    Ed Poll
    17 Dec 2014 | 11:57 am
    A member of the California State Legislature announced that he will ask for “…a financial and operational audit…” of the State Bar. In his press statement, the Assemblyman said he wants the State Auditor “…to investigate, study, analyze, and assess the financial practices and the performance” of the bar. The politician said “… “(m)andatory bar dues should be spent on regulating our profession and improving legal services to the public,” This utterance is not the only one arising from the recent turmoil resulting from the dismissal of the…
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    the [non]billable hour by Matthew Homann

  • Give some silent time to introverted clients.

    Matt Homann
    12 Dec 2014 | 12:25 pm
    By some estimates, introverts make up nearly half of the population.  If you’re an extrovert, that means that many of your clients think and process information quite differently than you do. So what can you do to even the playing field and get the best from your introverted clients? Give them some silence. Next time you’re giving a client loads of great advice, give them 5-10 minutes of quiet time — ideally in a room by themselves with a pad of paper in their hand — so they can think about your advice and process it before you ask, “Any questions?”…
  • 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…
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    Innocence Blog

  • Preventing Innocent People from Pleading Guilty

    19 Dec 2014 | 9:15 am
    The New York Review of Books presents lively commentary from three legal experts and a response by Judge Jed Rakoff who, in an article published last month, proposed employing magistrates soon after an indictment is filed to make the system fairer so that innocent people aren't unjustly pressured into accepting plea bargains. Former federal judge Nancy Gertner writes of the current system: It is true too, in view of such threats of long terms in prison, that there is a strong possibility that the innocent may plead guilty. It may well be a rational calculation, given the penalty of going to…
  • Rickey Wyatt Fully Exonerated, Becoming 325th Person Cleared by DNA

    18 Dec 2014 | 3:00 pm
    On the request of the District Attorney's Office, a Dallas County judge today entered a court order finding Rickey Dale Wyatt innocent of a rape for which he served nearly 31 years. Working closely with the Dallas District Attorney's Conviction Integrity Unit, the Innocence Project secured Wyatt's release back on January 4, 2012 based on DNA evidence and the failure of the prosecution to turn over evidence pointing to Wyatt's innocence. Since his release, the Conviction Integrity Unit has conducted a thorough reinvestigation of the case and now agrees that Wyatt is innocent of the crime.
  • Youngest Person Executed in the United States Exonerated After 70 Years

    18 Dec 2014 | 12:00 pm
    A South Carolina Circuit Court Judge threw out the 1944 murder conviction of the youngest person to be executed in recent US history on Wednesday. Judge Carmen Mullen vacated the conviction of George Stinney Jr., who was 14 years old at the time of his death. Mullen said Stinney's case was marred by "fundamental, constitutional violations of due process." Police arrested the 5-foot, 90-pound Stinney after two white girls were found dead in a ditch in Alcolu, South Carolina; a rural town in the segregated South. According to a 2009 affidavit by Stinney's sister, Amie Ruffner, the girls passed…
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    UNDERDOG - Fairfax Criminal/DWI Attorney - Northern Virginia.

  • Praying for my friend Baba-Kundi Ma`at-Shambhala, January 9, 1954 - December 1, 2014

    21 Dec 2014 | 5:58 am
    Seven years ago, I blogged about my inspirational chance meeting Baba-Kundi Ma`at-Shambhala. I met him in the parking lot of the Whole Foods natural supermarket in my town. I was drawn to greet Baba after seeing the following on the back of his car: his name, a kokopelli image, the Om symbol, mention that he does home improvement work, and a North Carolina license plate. Baba was very approachable and optimistic. When I asked about his home improvement services, he gave me a very attractive pamphlet, addressing home improvement as a way to harmonize our surroundings. Baba had a website…
  • Abolish the death penalty. An additional reason.

    18 Dec 2014 | 9:00 pm
    By Fairfax County/Northern Virginia criminal defense lawyerJon 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. As if this were execution-happy China that puts people to death shortly after the death penalty is ordered, in 1944, fourteen-year-old African-American George Stinney, Jr., was executed in South Carolina eighty-four days after being found guilty of murdering two white girls at the height of virulent racism throughout the South, and when…
  • Supreme Court effectively invites police to be rusty on the law.

    17 Dec 2014 | 9:00 pm
    By Fairfax County/Northern Virginia criminal defense lawyerJon 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. December 15, 2014, was not a proud day for the United States Supreme Court, when it decided 8-1 that a traffic stop is not invalidated when based on a police officer's reasonably mistaken reading of the law. Nicholas Heien was driving with a broken brake light. That was the sole basis that police officer Matt Darisse used to stop him,…
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    The Legal Satyricon

  • Doctor Theopolis

    20 Dec 2014 | 5:13 pm
    In some cultures, Dr. Theopolis would be considered “bling.” That is all Filed under: misc
  • Argentine Debt Crisis Case Will be Opened

    13 Dec 2014 | 7:40 am
    The motion we filed on behalf of Argentine journalist Jorge Lanata was granted yesterday. (Order) The order has some very inspiring language in it. When a judge cites to Madison’s writings, you know you’ve had a good day as a First Amendment lawyer. JAMES MADISON, THE FEDERALIST NO. 51 (“If angels were to govern men, […]
  • Fighting to keep court proceedings open

    9 Dec 2014 | 8:42 am
    I have the privilege of representing Argentine journalist Jorge Lanata and The Center for Investigative Journalism in the Americas. I’ll let them speak for themselves – here – but suffice to say, I’m quite proud to be working for them. Filed under: misc
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    Chicago IP Litigation

  • Supplemental Jurisdiction Found Over Disparagement & Defamation Claims

    R. David Donoghue
    19 Dec 2014 | 4:12 am
    DR Distributors, LLC v. 21 Century Smoking, Inc., No. 12 C 50324, Slip Op. (N.D. Ill. Nov. 20, 2014) (Johnston, Mag. J.). Judge Johnston granted defendant’s motion to amend adding state law disparagement and defamation claims in this Lanham Act case involving plaintiff’s 21ST CENTURY SMOKE and defendant’s 21ST CENTURY SMOKING marks.Defendant’s disparagement and defamation claims were at least “loosely” connected to the facts that defendant’s Lanham Act unfair competition and trademark infringement claims because they arose from allegations surrounding plaintiff’s conduct and…
  • Court Sua Sponte Strikes Portions of Answer

    R. David Donoghue
    17 Dec 2014 | 3:42 am
    Vogue Tyre & Rubber Co. v. Mendez, No. 14 C 5839, Slip Op. (N.D. Ill. Oct. 27, 2014) (Shadur, Sen. J.). Judge Shadur sua sponte struck portions of defendant’s answer and dismissed certain affirmative defenses as follows: The Court struck denials based upon lack of information and belief.  While lacking information and belief acts as a denial, it is “oxymoronic” to claim a lack of information and belief, but to be able to affirmatively deny the statements. The Court dismissed defendant’s laches affirmative defense because it offered no facts in order to meet the notice pleading…
  • District Court Claim Constructions Not Controlling

    R. David Donoghue
    12 Dec 2014 | 3:37 am
    Costar Realty Info., Inc. v. CIVIX-DDI, LLC, Nos. 12 C 4968, 7091 & 8632, Slip Op. (N.D. Ill. Sep. 23, 2013) (Holderman, Sen. J.). Judge Holderman construed the disputed claim terms in this patent case involving methods of locating points of interest in a geographic region by accessing a remote database. Before construing the claims, the Court noted the uncertainty regarding the preclusive effect of prior district court constructions with some courts holding prior constructions should be deferred to absent clear error and other courts considering them merely instructive. The Court held…
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    Ohio Employer's Law Blog

  • WIRTW #349 (the “Merry Christmas and Happy New Year, y’all” edition)

    Jon Hyman
    19 Dec 2014 | 4:50 am
    With the end of the year drawing nigh, today’s post will be my last of 2014 (barring any hot-off-the-presses breaking news). I wish all of my readers a joyous holiday season (whatever your December celebration of choice), and a happy New Year. I’ll see everyone back in 2015. Here’s what I read this week: Discrimination Santa Sued for Disability Discrimination Due to Reindeer Harassment — via Bolek Besser Glesius, LLC Ebola discrimination in your workplace, what the Department of Justice wants you to know. — via Eric Meyer’s The Employer Handbook Blog Do You Hear What I Hear?
  • The 12 Days of Employment Law Christmas (2014)

    Jon Hyman
    18 Dec 2014 | 4:41 am
    For the past two Noels, I published “The 12 Days of Employment Law Christmas.” As this has become a year-end tradition at the blog, I’m sharing it again (with updated links). If you’re feeling brave, post a video of yourself singing along. Have a great end to your 2014, and happy holidays, regardless of your holiday of choice. (Some musical accompaniment) On the first day of Christmas, my employment lawyer gave to mea lawsuit for my company. On the second day of Christmas, my employment lawyer gave to me2 trade secrets,and a lawsuit for my company. On the third day of Christmas, my…
  • Feds impose LGBT affirmative action on federal contractors

    Jon Hyman
    17 Dec 2014 | 5:00 am
    If you are a federal contractor of subcontractor, in four months you will have new affirmative action obligations relating to sexual orientation and gender identity. According to a Final Rule issued last week by the Office of Federal Contract Compliance Programs, beginning  April 5, 2015, federal contractors and subcontractors must include federal contractors and subcontractors must include sexual orientation and gender identity in their affirmative action plans. According to the Rule, which implements Executive Order 13762, federal contractors and subcontractors must: Take affirmative…
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  • Reminiscing this holiday season? Here are some benefits of nostalgia

    21 Dec 2014 | 5:33 am
    Thanksgiving in Manassas, Virginia This season often brings with it memories fond to hard, and glad to sad. Did you know that nostalgia is a focus of much research? And that it has many benefits? Enjoy or at least value those thoughts of the past; they are not a waste of time. From "Holiday nostalgia: Why it's good to relive memories" (Eureka Times-Standard): While nostalgia may involve looking backward, "metaphorically speaking, it is a torch to light the road ahead," [Tim] Wildschut says. "It entails information about what matters in life, what is valuable,…
  • Sister profession news: "New requirement for Class of 2018 is part of national trend toward a more balanced medical education experience"

    6 Dec 2014 | 8:21 am
    Press release from University of Buffalo: BUFFALO, N.Y. — Since Hippocrates, medical practice has been seen as both science and art. In the 21 century, amid ever-greater scientific advances, medical schools are working to maintain balance between the two, developing new ways to highlight the art of medicine.On Dec. 5, first-year medical students at the University at Buffalo School of Medicine and Biomedical Sciences will participate in a new requirement: attending the First Year Humanities Day.UB medical students will hear about and discuss medicine as depicted in poetry, music and drawing;…
  • How'd this lawyer get to be a terrific negotiator? By using an unusual practice

    21 Nov 2014 | 1:03 pm
    Anyone who has sincerely tried to improve in some area of personal or professional life probably understands the value of feedback. But what this lawyer did to get feedback is rare and perhaps surprising. From Sherwood Park News: How do you get better? How do you become world-class? There are only two ways, with no shortcuts: deliberate practice (which we will look into next week) and reflective practice, explains law professor Gerald Williams.Professor Williams recounts a story. He and his team were researching world-class negotiators. Most attorneys fell into the run-of-the-mill “good…
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    arbitration forum

  • 6 Tips ahli untuk mengobati dan mencegah batu ginjal

    messi andres
    4 Dec 2014 | 7:48 pm
    Berurusan dengan batu ginjal dapat benar-benar menyakitkan. Meskipun batu kecil dapat dengan mudah dihilangkan dari tubuh, benjolan yang lebih besar dapat menyebabkan banyak rasa sakit ketika melewati saluran kemih. Selain itu, lebih dari separuh jumlah orang yang memiliki batu ginjal menghadapi risiko mengembangkan lagi dalam hidup mereka. Dr Avinash Ignatius, konsultan nephrologist senior, menawarkan beberapa tips untuk merawat dan mencegah berulang batu ginjal.Tingkatkan asupan air Anda: Penderita batu ginjal harus mengkonsumsi banyak cairan untuk mencegah agregasi mineral dan garam.
  • Obat Herbal HIV AIDS Terampuh

    messi andres
    3 Apr 2013 | 5:52 am
    Apakah anda tahu definisi HIV?AIDS ialah jenis virus yang mengakibatkan sakit HIV AIDS. Virus HIV AIDS biasanya menyerang seseorang serta menyerang sistem kekebalan tubuh seseorang, pada akhirnya menyebabkan tubuh seseorang kian lemah dalam melawan infeksi. Setiap orang yang terkena HIV AIDS sering kekurangan sistem imunitas di dalam tubuh.Obat Herbal HIV AIDS Terampuh Xamthone Plus Ajaib merupakan salah satu obat herbal hiv aids terpercaya & terbaik. Berdasarkan Dr. F.Franklin L.L., selaku konseling yang sudah merasakan manfaat Obat Alami HIV AIDS Xamthone Plus mampu…
  • Obat Amandel Alami Terbaik

    messi andres
    2 Apr 2013 | 4:37 pm
    Apakah Anda Tahu Arti dari Amandel ?kelenjar getah bening di sebelah kiri & kanan bagian belakang rongga mulut ; tumbuhan dari subkeluarga Prunoidae.Radang amandel ialah infeksi pada amandel yang kadang mengakibatkan rasa sakit pada tenggorokan & demam. Terkadang kelenjar getah bening tersebut mampu semakin besar sehingga berasa sakit pada tenggorokan & sangat sulit untuk menelan makanan dikarnakan oleh terinfeksinya radang amandel tersebut.Sebab-sebab AmandelYang umum menyebabkan sebagian besar tonsilitis adalah adenovirus. Hal ini juga dapat disebabkan karena virus Epstein-Barr.
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    Privacy Law Blog

  • Native Advertisers Face Closer Scrutiny From Industry Self-Regulatory Bodies

    Angel Diaz
    16 Dec 2014 | 9:15 am
    Angel Diaz With paywalls and premium subscriptions finding only modest success, paid advertisements remain the primary means of generating revenue from online content. Native advertising has emerged as a leader in the competition for ad impressions and brand engagement. Expected to grow from $7.9 billion in spending this year to $21 billion by 2018, native advertising is lauded as the future of online advertising. Native advertising is paid promotional material that resembles the form and style of editorial content. While native ads can be displayed in numerous ways, they generally subscribe…
  • From the Right to be Forgotten to the Right to an “e-Reputation’’: First Enforceability Ordered by French Court under Penalty

    Cecile Martin
    16 Dec 2014 | 4:02 am
    Cecile Martin A few months after the European Court of Justice ruled on May 13, 2014 that search engines are considered personal data controllers under the EU Data Protection Directive of 1995 and, as such, should provide data subjects with a right to be forgotten, a French Tribunal enforced this principle in X & Y v. Google France. In a summary proceeding on September 16, 2014, the Paris Tribunal (Tribunal de Grande Instance) held that Google must erase from its search engine, under penalty of €1,000 per day, all links leading to defamatory content published on Facebook (see attached…
  • A Primer on EMV Technology for Merchants

    Courtney Bowman
    15 Dec 2014 | 5:08 pm
    Courtney Bowman With the new year just around the corner, retailers should make a resolution to learn more about EMV technology.  That’s because 2015 is slated to be the year EMV technology makes significant inroads in the United States, and retailers need to be prepared.  In this post, we answer some frequently asked questions about what the introduction of this new standard means for retailers and the steps they must take in order to prepare for the widespread adoption of this new technology. What is EMV? EMV is an acronym for EuroPay, Mastercard, and Visa, the three companies that…
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    Lawyers, Guns & Money

  • Beast Mode

    Erik Loomis
    21 Dec 2014 | 9:23 pm
    Beast Quake 2 Discuss
  • Authoritarian Gives Authoritarian, Erroneous Interpretation of Murders

    Scott Lemieux
    21 Dec 2014 | 2:08 pm
    Rudy 9/11, ladies and gentlemen: “We’ve had four months of propaganda starting with the president that everybody should hate the police,” Giuliani said during an appearance on Fox News on Sunday. “The protests are being embraced, the protests are being encouraged. The protests, even the ones that don’t lead to violence, a lot of them lead to violence, all of them lead to a conclusion. The police are bad, the police are racist. That is completely wrong.” There’s a reason that Giuliani’s support in the the 2008 Republican primaries was inversely correlated with the…
  • Screaming at the Sky

    Erik Loomis
    21 Dec 2014 | 8:38 am
    Remind me never to turn on Meet the Press, even for 2 seconds. I do today, or more accurately my wife is watching it because as a Latin American historian who has traveled in Cuba, she is following the events of the last week closely. Of course Marco Rubio is on. And in conversation, Chuck Todd and Rubio compare the left-wing dictatorship of Cuba to the left-wing dictatorship of Venezuela. Except of course that Venezuela is not a dictatorship. They have elections that are relatively free and fair. Which is, you know, the opposite of a dictatorship. But the right-wing can’t win because…
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  • 4 Common Causes of Brachial Plexus Injury

    21 Dec 2014 | 9:44 am
    During a delivery, skilled doctors know they must pay close attention to a baby’s little bundle of nerves called the brachial plexus. This network of nerves runs through the spine, neck, and arms, and is critical to motor development throughout these areas. The consequences of a brachial plexus injury (sometimes known as brachial plexus palsy, or BPP) can range from minor, such as a light tingling in the arm for a few months, to severe. In some cases, babies with brachial plexus injuries are paralyzed for a lifetime. Although some brachial plexus injuries are unavoidable, many result…
  • Driving Under the Influence with Child in Car

    20 Dec 2014 | 11:06 am
    Arizona driving under the influence (DUI) laws are extremely harsh even for the most minor of charges.An individual charged with driving under the influence may face jail time even if he or she did not harm anyone else or had a blood-alcohol content (BAC) of slightly more than the legal limit.If a minor DUI incident has the potential to result in minimal jail time, the consequences of a much more serious DUI conviction could mean even more serious consequences, such as the loss of the right to vote. Facing a DUI charge where the incident involved a child under the age of 15 is a very tough…
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    Connecticut Employment Law Blog

  • NLRB and the “Purple” Crayon: NLRB Rewrites Its Decision on Employer E-mail

    Daniel Schwartz
    12 Dec 2014 | 3:50 am
    The NLRB, right now, is union-friendly. We know it. Employers know it. Politicians know it. The unions know it. It’s stacked 3-2 with Democrat appointees so the NLRB taking its training wheels off and is doing what it has always done. It has shifted its decisions based on the politics. Yesterday represented just the latest in a long line of decisions where the NLRB has suddenly “seen the light” from a prior decision and overrules itself without much real logic. It’s not right or wrong. This is just how the NLRB works. When Republicans controlled the Board, it did the…
  • The “Association” Game: How a Spouse’s Cancer May be Covered by the ADA

    Daniel Schwartz
    11 Dec 2014 | 7:04 am
    Last week, we talked about an employer’s obligations when it comes to an employee who has cancer. But what about an employee’s spouse? Does the employer have any legal obligations there? Let’s start first with a story: Jake and his supervisor, Alex, have had a great working relationship but lately, things seems to have changed. At least that’s how Jake sees is after he told Alex that his wife is suffering from a long-term disability — cancer. Although Jake has been a good performer for years, Alex has recently expressed his concern that Jake will not be able…
  • Who Needs Santa? All I Want for Christmas is a Visit From OSHA

    Daniel Schwartz
    10 Dec 2014 | 7:46 am
    My colleague, Marc Herman, returns today with a holiday-themed post filled with — workplace safety issues? Read on. Holiday season shopping . . . the home to nostalgic tunes, perpetual lines, frenzied bargain hunters, overflowing parking lots, and OSHA. For those who can’t remember your government acronyms, it’s the United States Department of Labor’s Occupational Safety and Health Administration.  Were you thinking, perhaps, of Santa instead? As retailers get in full swing shopping extravaganza mode, OSHA ––a federal agency charged with regulating the health…
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    Special Education Law Blog

  • Census Bureau Releases Data About School-Aged Children Living In Poverty By County

    Jim Gerl
    17 Dec 2014 | 7:42 am
     (Photo credit: Wikipedia)The United States Census Bureau today released data concerning the rate of school-aged children living in poverty by county for the entire nation.  The data are a part of the SAIPE (Small Area Income and Poverty Estimates) prepared by the Bureau. Note that later versions of this data will be broken down by school districts.  You can review the Census Bureau's study and data here.Here are some highlights from their press release:According to U.S. Census Bureau estimates released today, the poverty rate for school-age children had no statistical change…
  • Weekly Question!

    Jim Gerl
    15 Dec 2014 | 6:02 am
    We are continuing our series on bullying of kids with disabilities. What else should school districts do to prevent the serious problem of bullying?------- Thanks for subscribing! Jim Gerl
  • Bullying of Kids With Disabilities - Part X

    Jim Gerl
    11 Dec 2014 | 2:43 pm
    English: A Bully Free Zone sign - School in Berea, Ohio (Photo credit: Wikipedia) Bullying remains the hottest of hot button issues in special education law.  In the first installment of this series, I explained the early cases laying the conceptual groundwork for the proposition that failure to react to bullying can constitute a denial of FAPE under IDEA.  In later installments, I have discussed the seminal decision of TK & SK ex rel LK v. New York City Dept of Educ 779 F.Supp.2d 289, 56 IDELR 228 (E.D.N.Y. 4/25/2011).  This…
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    Drug Injury Watch

  • Eliquis Antidote Will Come Too Late For People Who Suffered Serious Bleeding Events, Some Which Caused The Deaths Of Patients

    Tom Lamb
    20 Dec 2014 | 10:53 am
    Advertisements As Well As Prescribing Information / Drug Label Seem To Downplay The Fact That There Is No Reversal Agent For Eliquis, Yet (Posted by Tom Lamb at In print advertisements for their relatively new blood thinner medicine Eliquis, Bristol-Myers Squibb and Pfizer state in the Important Safety Information section ("August 2014" version): ELIQUIS can cause bleeding, which can be serious, and rarely may lead to death. But at the very start of these print ads, in larger print, is this point -- #2 of "3 GOOD REASONS": ELIQUIS has less…
  • December 2014 YAZ / Yasmin Litigation Update: Still Over 2000 DVT And/Or PE Cases Not Settled According To Bayer's Most Recent Financial Report

    Tom Lamb
    12 Dec 2014 | 9:29 am
    And New Blood Clot Side Effect Lawsuits, Including Some Involving The Lesser-Known Safyral And Beyaz DRSP Pills, Are Still Being Filed Against Bayer (Posted by Tom Lamb at Bayer's latest update on the ongoing litigation concerning its drospirenone (DRSP) birth control pills -- Yasmin, YAZ, Safyral, and Beyaz -- as set forth in its Stockholders' Newsletter Financial Report as of September 30, 2014, published on October 30, 2014, is as follows: Yasmin™ / YAZ™: As of October 13, 2014, the number of claimants in the pending lawsuits and claims in the United States…
  • December 2014 Fosamax - Femur Fracture Litigation Update: In The Fosamax Federal Court MDL There Are Dismissals, Appeals, And Court-Ordered Mediations

    Tom Lamb
    5 Dec 2014 | 1:44 pm
    Judge Pisano's Rulings About Merck's Pre-September 2010 Fosamax Label And Its Subsequent Revised Fosamax Label Are Being Challenged By The Plaintiffs (Posted by Tom Lamb at are drawing from this Merck corporate SEC filing, "Form 10-Q, For the quarterly period ended September 30, 2014" (at pp.20-21 of PDF file), for this update on the Fosamax - femur fracture lawsuits. While most of these drug injury lawsuits filed against Merck are pending in the New Jersey state court system -- as of September 30, 2014, approximately 2,920 cases, according to Merck -- we are going…
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    Bankruptcy Home Blog

  • Save money when filing Chapter 7 bankruptcy?

    20 Dec 2014 | 12:17 pm
    Visit for the original content posted here, Save money when filing Chapter 7 bankruptcy? A recent USA Today article lamented the fact that many Americans were too strapped for cash to file bankruptcy, and with the up-front costs of hiring a lawyer and paying the bankruptcy fees hitting an average of $1,500 this is … Continue reading →
  • Assets will I keep them if I file Chapter 7 Bankruptcy?

    12 Dec 2014 | 12:03 pm
    Visit for the original content posted here, Assets will I keep them if I file Chapter 7 Bankruptcy? If you are considering filing Chapter 7 bankruptcy you may be concerned with whether or not you will lose all of your assets. Will you have to forfeit your home? Will your car be repossessed car? Will the bankruptcy court … Continue reading →
  • Debt collectors what can they legally do to collect debt?

    5 Dec 2014 | 8:11 am
    Visit for the original content posted here, Debt collectors what can they legally do to collect debt? Although debtors are protected against certain abusive, unfair, or deceptive practices for debt collection through the Fair Debt Collection Practices Act (FDCPA), creditors are allowed to make aggressive attempts to collect debt payments. Recently on our bankruptcy forum a user … Continue reading →
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    Asbestos HUB

  • New Study Indicates Malignant Mesothelioma Is Result Of Polyclonal Tumors, While Most Cancers Are Monoclonal At The Outset

    Tom Lamb
    16 Dec 2014 | 2:17 pm
    Malignant mesothelioma is a rare form of cancer caused by asbestos exposure that affects the mesothelium, which is the protective lining that covers the internal organs, such as the lungs, the heart, and the abdominal cavity. It has been long thought that mesothelioma and other tumors arising from exposure to asbestos are caused by mutations in one cell, i.e., monoclonal, which then produces multiple clones. Recent work by researchers from University of Hawaii Cancer Center suggests, however, that malignant mesothelioma is caused by mutations in multiple cells, i.e., polyclonal. The new…
  • The Use Of Beauty Or Cosmetic Products That Had Asbestos-Contaminated Talc May Be The Cause Of That Mysterious, Non-traditional Mesothelioma Case

    Tom Lamb
    21 Nov 2014 | 2:09 pm
    A couple of weeks ago we posted this article, “Mesothelioma And Cancers Caused By Asbestos-Contaminated Talc In Body Powder Products And Cosmetics: New Scientific Study Provides Evidence Of Asbestos Fibers In Talc”, which explored the asbestos-talc mesothelioma cancer situation. Given the facts set forth in the underlying news report by investigative reporter Andrew Schneider, “Study: Cosmetic talc products carry asbestos peril”, one would think that the US Food and Drug Administration (FDA) would be taking action. However, despite medical studies and lawsuits which point to…
  • Medical Study Of Amatuximab Plus Pemetrexed And Cisplatin In Patients With Unresectable Malignant Pleural Mesothelioma Shows Positive Results

    Tom Lamb
    14 Nov 2014 | 10:14 am
    This recent article, “Phase II Clinical Trial of Amatuximab, a Chimeric Antimesothelin Antibody with Pemetrexed and Cisplatin in Advanced Unresectable Pleural Mesothelioma”, initially published online in September 2014 by the Clinical Cancer Research medical journal, informs about an apparent advancement made in the treatment on malignant pleural mesothelioma (MPM). From the Abstract for this medical journal article: Purpose: Amatuximab is a chimeric monoclonal antibody to mesothelin, a cell surface glycoprotein highly expressed in malignant pleural mesothelioma (MPM). On the…
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    Real Lawyers Have Blogs

  • Make it a 2015 resolution getting known as lawyer — through social media

    Kevin O'Keefe
    21 Dec 2014 | 8:43 pm
    Estelle Metayer (@Competia), a leadership and strategic consultant has a nice piece in Sunday’s Globe and Mail challenging executives and professionals to make having a social media presence your goal for the coming year. Why not commit to launching yourself into the social media world? I’m referring to going beyond having your own website to begin participating in the world of social media platforms. Statistics confirm that having a strong social media presence – whether it’s on Facebook, LinkedIn, Twitter, Pinterest, Instagram, or any combination of these – can boost your…
  • You are better off having experts manage WordPress hosting environment

    Kevin O'Keefe
    20 Dec 2014 | 4:55 pm
    That’s the word from long time tech expert and contributing ZDNet editor, Larry Seltzer (@lseltzer), writing that unmanaged WordPress is not worth the risk or trouble. For some time WordPress, the popular blogging platform, has been one of the major attack target platforms on the web. A compromised site can deliver malware to users and be used to sell illicit goods, among other nefarious uses. Some users are better-protected against these attacks than others and I would argue that managed WordPress hosting is the only way to go, unless you plan to keep a close eye on the WordPress…
  • Top 10 in Law Blogs: More on Cuba, Listeria Outbreak, Drone Regulations

    Colin O'Keefe
    19 Dec 2014 | 5:28 pm
    It’s time to call it a week—and more than that, it’s time for all of LexBlog to go party. Before we head off, one last Top 10—in which, Robin Shea has a good holiday-day themed post and Bill Marler has a scary piece on a listeria outbreak associated with caramel apples. Total posts on the LexBlog Network today: 209. Turnin’ Havana to Atlanta: The White House Opens Doors for U.S. Telecommunications Investment in Cuba and Latin America – Dave Thomas, Brian Weimer and Cheryl Palmeri of Sheppard Mullin on the FCC Law Blog Droning On: FAA Delays Drone Regulations Until 2017…
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    Securities Docket

  • Securities Docket News Wire for December 20, 2014

    Securities Docket
    21 Dec 2014 | 5:55 am
    It is time to rein in the SEC — Opinions, The Washington Post -> The Boundaries for Insider Trading Prosecutions See a Resurgence: The 1980s Are Back! | BakerHostetler ->
  • Securities Docket News Wire for December 19, 2014

    Securities Docket
    20 Dec 2014 | 5:55 am
    Hong Kong billionaire Thomas Kwok convicted of bribery — The FCPA Blog -> ‘Birthday party’ bribe plot: Jury convicts former Detroit treasurer, two pension officials — The FCPA Blog ->
  • Securities Docket News Wire for December 18, 2014

    Securities Docket
    19 Dec 2014 | 5:55 am
    Lawyer Haywood Gilliam confirmed as federal judge – SFGate -> SEC Imposes Sanctions Against Hong Kong-Based Firm and Two Accountants for Audit Failures — SEC Press Release -> Takeaways from the Past Year of SEC Private Equity Enforcement — Harvard LS Forum on Corp. Gov. and Financial Reg. -> Banks Find Niche Helping Firms Defend Against Activists – WSJ -> Investor behind fake Allied Nevada bid fled to China, SEC says | South China Morning Post ->…
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    Furniture Law Blog

  • Jack Hicks Talks Defending Innovation, IP Rights in the Home Furnishings Industry with Furniture Today

    18 Dec 2014 | 2:07 pm
    GREENSBORO, N.C. – Even in the face of copycats, innovation remains the lifeblood of the home furnishings industry, and innovators have legal remedies to protect their designs.So says Womble Carlyle’s Jack Hicks, a veteran IP attorney who has served the home furnishings industry for more than 25 years. Hicks recently spoke on “Innovation, Impersonation or Infringement?” at the Furniture Today Leadership Conference, and Furniture Today was on hand to cover his presentation.“It is easy to knock someone off and knock off a bestseller, but if you want to come up with a one-of-a-kind…
  • Boyd Lighting's Steampunk Sconce Gets Stock Photo Archive Steamed

    17 Dec 2014 | 6:45 am
    On December 16, 2014, Lived In Images, Inc. (d/b/a Hometica) sued Boyd Lighting Fixture Company for copyright infringement in the United States District Court for the Northern District of California (San Francisco Division) (Case No. 3:14-cv-05500). Lived In Images is a stock photo archive specializing in home, garden, and interior design pictures. Lived In Images makes its images available through licensing arrangements. The complaint alleges that Lived In Images registered 5,500 architectural photographs with the U.S. Copyright Office and that Boyd Lighting is using at least two of those…
  • 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…
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    P.I.S.S.D. -- Personal Injury, Social Security Disability. Dallas Texas Lawyers

  • Staying Safe on the Road During the Holiday Season

    Bob Kraft
    20 Dec 2014 | 7:19 am
    The holiday time brings with it traveling to see friends and relatives. It also brings inclement weather and hazardous road conditions. Any experienced Philadelphia personal injury lawyer will agree, it is better to avoid an accident than go through litigation after being injured. A few driving tips are included to help keep people safe during the holiday months. Driving for Conditions Most have learned the two second rule when it comes to driving. A driver should always keep a two second cushion between themselves and the vehicle in front of them. But it is important to remember, the two…
  • Friday Fun

    Bob Kraft
    19 Dec 2014 | 7:50 am
    Our daughter and her family had to move from Texas to northern New Jersey this summer. She recently needed something and the closest store that carried it was across the border in New York, so she drove there and got it. In retrospect she said “Dad, can you even imagine driving to another state just to buy something?!” That is DEFINITELY not something we do in Texas. Here’s why: Finally, a map to show why you don’t go to Corpus every weekend. From Finally, you have something to show your out of state relatives, who ask why you don’t visit your distant…
  • Thinking About Filing for Long-Term Disability? Consider This Beforehand…

    Bob Kraft
    18 Dec 2014 | 7:43 am
    Filing for disability requires more than just a visit or two to the insurance claims office. In fact, many people do not realize that filing for long-term disability (LTD) is a legal claim that can go awry for those unfamiliar with the law’s many nuances. If this is the route that you would like to go then looking a little further into the situation might be just what you need. Evidence: Investigations Aren’t Objective Some say that the tactics used by large insurance companies are unfair. For example, many use covert surveillance in determining a claim’s legitimacy. A…
  • Understanding Healthcare Law and its Growing Role in Our Society

    Bob Kraft
    17 Dec 2014 | 7:44 am
    So many recent changes have occurred in the healthcare system that most consumers are at least somewhat confused about their options. The open enrollment period for the Affordable Healthcare Act has residents in every state scrambling for more information. Along with changes to the healthcare provisions and prices, there are also new requirements for small businesses, families, and individuals. In order to avoid penalties associated with not following the letter of the law, everyone must be aware of their rights and responsibilities under the new law. Employer Responsibilities One of the…
  • Advanced Technology Wins Personal Injury Cases

    Bob Kraft
    16 Dec 2014 | 7:20 am
    Technology has changed the law profession. If you watched any part of the O.J. Simpson trial back in the mid-nineties, you might remember hearing, “Put that up on the ELMO, please.” The ELMO was the type of projector used in the case as the main way of presenting evidence in the trial, reports Presentation Solutions. With the advent of new technology, attorneys for both sides are better able to prepare and present their cases for their clients—and win. What types of advanced technology are attorneys using these days? Read on: iPads The iPad is possibly the most used wireless device in…
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    Marquette University Law School Faculty Blog

  • The Wisdom of King Theodoric

    Edward A. Fallone
    21 Dec 2014 | 10:01 pm
    Yesterday I was honored to speak at the mid-year graduation ceremony at Eckstein Hall.  Twenty three graduating students and hundreds of friends and family came together with Dean Kearney, faculty and administrators to celebrate the event.  What follows are my prepared remarks. Dean, fellow faculty, invited guests, and most importantly, December graduates.  I am honored to be with you on such a momentous day. Class of 2014, today is the day that you thought would never come.  Today is the day that you embark on your legal careers.  Even in normal times, the transition from law school to…
  • Grilling By Judges? It’s Not Just for Moot Court.

    Deborah Darin
    17 Dec 2014 | 9:36 pm
    Perhaps it is because I just spent an enjoyable few weeks judging the Appellate Writing and Advocacy class moot court rounds, that lately I have taken a few detours while doing research. While reading some of the NSA phone data cases, I watched an enlightening and very entertaining appellate argument online. We may wait a long time to see video recordings of U.S. Supreme Court arguments, but the Circuit Courts of Appeal oblige us for some of their cases, which is a bonus for everyone including students. Several plaintiffs’ lawsuits that challenge the National Security Administration’s…
  • Want to Have a Strong Legal Career? Find a Good Mentor.

    Melissa L. Greipp
    17 Dec 2014 | 9:48 am
    This article in the ABA Student Lawyer Magazine discusses the benefits of having a mentor. A mentor can help you acclimate to your new role as a lawyer.  A good mentor will make your life easier both at your office and in external venues.  Your mentor can teach you how to communicate effectively with clients, can show you how to handle technical and procedural matters that may otherwise be hard to learn on your own, and can introduce you to top management at your place of employment.  Having a mentor can speed up how you learn to be effective in your job. When you start at a new law firm,…
  • Student Reflects on Restorative Justice Program at Green Bay Prison

    Michael M. O'Hear
    17 Dec 2014 | 8:36 am
    Student Jillian Dickson-Igl has put together these thoughtful reflections about her experience with the restorative justice program at the Green Bay Correctional Institution.    Back in October, I was fortunate enough to be able to go to the Green Bay Correctional Institution (GBCI) as a part of the Restorative Justice class that was taught by Professors O’Hear and Schneider. The trip consisted of three days at the prison, two of which I was able to attend, as part of the prison’s Challenges and Possibilities program for inmates. The Challenges and Possibilities program is a…
  • Study Abroad in Giessen, Germany

    Edward A. Fallone
    13 Dec 2014 | 1:15 pm
    Application materials are now available for the 7th Annual Summer Session in International and Comparative Law, held each summer at the Justus Liebig University in Giessen, Germany.  The program is a joint offering of the Marquette University Law School, the University of Wisconsin Law School, and the Faculty of Law at Justus Liebig University. This summer’s program will run from July 18 until August 15.  Participants choose two courses from among the following offerings, for a total of four credits : International Economic Law and Business Transactions, Comparative Law, The Law of…
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    Green Building Law Update

  • 179D Tax Deduction Brought Back to Life in the Tax Extenders Bill

    Stuart Kaplow
    17 Dec 2014 | 9:57 am
    Last night the 113th Congress passed the Tax Increase Prevention Act, better known as the tax extenders bill, when H.R. 5771 passed the Senate 76 to 16. President Obama is expected to sign the bill into law later this week.   And while this legislation is significant, it should be lost on no one that the bill expires 14 days from now on December 31, 2014, and, as such is only applicable to the 2014 tax year. Each of the tax provisions in the bill had previously expired at the end of 2013. For those interested in green building, the most important tax provision extended in the bill is the…
  • ICC 700 Authorized by National Defense Authorization Act for 2015

    Stuart Kaplow
    14 Dec 2014 | 2:05 pm
    While many have focused on the funding to fight the Islamic State terrorist group or the 1 percent boost in military pay, the National Defense Authorization Act for 2015 makes a major change in green building across this nation when it authorizes use of the ICC 700 National Green Building Standard.  Congress has passed and this week President Barack Obama is expected to sign H.R. 4435 which is the comprehensive legislation to authorize the $584.2 Billion budget authority of the Department of Defense. To appreciate the impact that the Department of Defense has on the real estate industry,…
  • 2015 IgCC Has Been Approved

    Stuart Kaplow
    28 Nov 2014 | 1:59 pm
    On November 14, the International Code Council announced that the 2015 version of the International Green Construction Code had been approved. News of the approval has not circulated widely, likely in part because the announcement was a bit cryptic when the ICC press release reported “the 2014 Group C code development cycle results.”  Following a nearly two year voluntary consensus process, the updated IgCC includes those items that were raised at the Committee Action Hearings held in Memphis in April of this year. Each proposed change from the 2012 version of the green code…
  • ASHRAE 189.1 - 2014 Green Building Standard Is Now Available

    Stuart Kaplow
    23 Nov 2014 | 12:53 pm
    Last week the 2014 version of the ASHRAE 189.1 Green Building Standard was published and became available for use.  ANSI/ASHRAE/USGBC/IES Standard 189.1-2014, Standard for the Design of High-Performance, Green Buildings Except Low-Rise Residential Buildingsaddresses site sustainability; water-use efficiency; energy ef­ficiency; indoor environmental quality; and the building’s impact on the atmosphere, materials and resources.  Standard 189.1 is an alternative compliance option of the International Green Construction Code. When Baltimore City adopted the IgCC last week, its…
  • International Green Construction Code Now Mandatory For All Building in Baltimore

    Stuart Kaplow
    17 Nov 2014 | 4:11 pm
    Last evening the Baltimore City Council adopted the International Green Construction Code 2012 as an overlay to the City’s building, fire and related codes. Baltimore, the 26th most populous city in the country, was among the first jurisdictions, in 2007 to mandate that all “newly constructed, extensively modified non-residential buildings” .. “achieve a Silver rating in the appropriate LEED rating system or satisfy the Baltimore City Green Building Standard” (a LEED-like local enactment). That mandatory law had some efficacy with new construction but almost no…
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    California Employment Law Report

  • Areas employers should review as part of their yearly audit - part two

    Anthony Zaller
    19 Dec 2014 | 8:09 am
    In my last post, I wrote about what steps employers should talk to comply with the new employment laws for 2015. This post discusses more generally what employers should audit on a yearly basis. And with the year coming to a close, now is a great time to review these five items: 1. Expense reimbursement and mileage policies. Employees must be reimbursed for all out of pocket expenses incurred while performing their jobs under Labor Code Section 2802. This includes reimbursing employees for their out of pocket expenses for driving their personal vehicles for business purposes. There are a…
  • Steps California employers should take to comply with employment law changes in 2015 - part one

    Anthony Zaller
    5 Dec 2014 | 10:50 am
    The laws passed in 2014 added some new posting requirements and resulted in the need to revise some of the notices California employers are required to provide to employees. This Friday’s Five Best Practices article sets out five items California employers should review before the start of 2015: 1. Review newly published frequently asked questions about California’s new paid sick leave law (AB 1522). The Division of Labor Standards Enforcement (DLSE) published a much awaited frequently asked questions on its website explaining how it interprets the new paid sick leave law taking…
  • Sick leave poster and revised Notice to Employee published by Division of Labor Standards Enforcement: All California employers must use starting January 1, 2015

    Anthony Zaller
    1 Dec 2014 | 5:33 pm
    The Division of Labor Standards Enforcement (DLSE) published a new poster employers are required to post regarding California’s new sick leave law. Under the new law (Labor Code Section 247) employers are required to display a poster in a conspicuous place requiring certain information about the new rights of employees to receive paid sick leave. The new law added Labor Code Sections 245 to 249 providing California employees with up to three days of paid sick leave beginning July 1, 2015. For more information about the sick leave law and employers’ obligations, a prior post can be…
  • Five things to know about time off for holidays and holiday pay under California law

    Anthony Zaller
    28 Nov 2014 | 1:50 pm
    Happy Holidays! With the holidays upon us, it is a good time for employers to review their holiday schedule and these five reminders about holidays and holiday pay under California law. 1. California employers are not required to provide employees time off for holidays. There is no requirement that California employers provide time off (except for religious accommodations – see below) for holidays. California’s DLSE’s website states the following: Hours worked on holidays, Saturdays, and Sundays are treated like hours worked on any other day of the week. California law does…
  • Understanding immigration and labor reform laws on the federal and state level: President Obama's immigration proposal and California's change to immigration related laws in 2015

    Anthony Zaller
    21 Nov 2014 | 11:43 am
    President Obama's announcement of his controversial plan to provide amnesty for illegal immigrants to remain in the country who meet certain requirements raises a few employment and immigration issues for employers. Putting the politics aside, it is a good time for employers to review their obligations under the law to confirm a worker’s eligibility to work, especially given the new laws taking effect in California in 2015. Below are five areas involving federal and state immigration laws and verification requirements California employers need to be aware of going into 2015. 1. The…
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    Social Security Disability Lawyer

  • The Binder & Binder bankruptcy

    Maine Social Security attorney Gordon Gates
    16 Dec 2014 | 10:00 am
    Binder & Binder, a nation-wide firm of advocates for those seeking Social Security disability or Supplemental Security Income benefits, is roughly $40 million in debt and is preparing declare bankruptcy under Chapter 11, according to the Wall Street Journal.  For those of us who represent clients before the Social Security Administration, this is quite a milestone. Three years of sharply lower allowance rates have taken their toll. Additionally, backlogs at the hearing offices have increased significantly over the past year, so fewer cases are getting scheduled for hearings. Fewer…
  • SGA Amount will be $1,090 for 2015

    Maine Social Security attorney Gordon Gates
    15 Dec 2014 | 9:11 am
    Substantial Gainful Activity (SGA) is the amount of money you can earn through wages and still be eligible for Social Security disability benefits. The SGA amount is important for two classes of people: A person applying for disability benefits must have (or be expected to have) a period of 12 consecutive months with wages below SGA (subject, of course, to the rules for unsuccessful work attempts and Impairment Related Work Expenses). A person receiving Title II disability benefits can earn up to the SGA amount and still receive benefits (be sure to also take a look at the trial work rules).
  • List of SSA's Ruling by Year (with links)

    Maine Social Security attorney Gordon Gates
    8 Dec 2014 | 10:30 am
    Social Security has a number of policy rulings that expand upon the regulations contained in the CFR. Social Security Rulings are binding on all components of the Social Security Administration, in accordance with 20 CFR 402.35(b), and are to be relied upon as precedents in adjudicating cases. Anyone serious about representing clients before the Social Security Administration needs a good working knowledge of the rulings. The rulings can win cases for you, and can help to frame issues in a Social Security disability case. The SSA's website has a list of Social Security Rulings by Year.
  • Moving while a Social Security disability claim is pending

    Maine Social Security attorney Gordon Gates
    5 Dec 2014 | 8:50 am
    Having a claim for Social Security disability benefits means being out of work (or at the very least, living on a limited income). That often means that a person can no longer afford to live where they were living before, because there is insufficient money to pay the rent or the mortgage. Some claimants have a spouse who is working, or sufficient resources to stay where they are; others are not so fortunate, and may have to move to another place to live with family or a friend. Moving to a new place does not matter to the Social Security Administration. It will transfer your pending…
  • Post Hearing Argument

    Maine Social Security attorney Gordon Gates
    24 Nov 2014 | 3:30 am
    At the close of a hearing, sometimes post-hearing argument is needed. Social Security's rules allow for oral and/or written post-hearing argument, upon request. See HALLEX section I-2-6-76. I prefer to submit a post-hearing brief, rather than make a statement at the close of the hearing. I think a brief has far more impact. The benefit of a post-hearing brief was demonstrated recently when I had testimony from a medical expert (ME) at the hearing that needed to be addressed. I submitted a post hearing brief stating that, given the specific testimony of the ME, the disability claim must…
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    The Rainmaker Blog

  • The 12 Best Legal Marketing Lessons from 2014: #4. 12 Tips to Improve Your Intake Process

    Stephen Fairley
    19 Dec 2014 | 3:00 am
    From now until the end of the year, I will be sharing the 12 best legal marketing lessons from this blog, choosing what I think is the most beneficial post from each month in 2014.  Each one of them can help you improve your legal marketing in 2015. From April 2014: 12 Tips to Improve Your Intake Process Over the past year or so, we’ve been doing a lot of “secret shopping” of law firms, making calls posing as potential clients to see just how they are performing when it comes to client intake.  What we’ve found is that this chance to make a great first impression is lost by a…
  • Federal Court Tosses Florida Bar Ban on Use of Past Results in Attorney Advertising

    Stephen Fairley
    18 Dec 2014 | 9:06 am
    A federal district court judge has ruled that the Florida Bar’s ban on the use of past results in attorney advertising in television, radio and indoor/outdoor display advertising is unconstitutional and a violation of the First Amendment. The case — Robert Rubenstein v. The Florida Bar — involves television advertising by personal injury attorney Robert Rubenstein that included the following claim: “COLLECTED OVER $50 MILLION FOR THEIR CLIENTS IN JUST THE LAST YEAR!  Gross proceeds. Results in individual cases are based on the unique facts of each.”  Earlier this year,…
  • The 12 Best Legal Marketing Lessons from 2014: #3. How To Differentiate Your Law Firm Online

    Stephen Fairley
    18 Dec 2014 | 3:00 am
    From now until the end of the year, I will be sharing the 12 best legal marketing lessons from this blog, choosing what I think is the most beneficial post from each month in 2014.  Each one of them can help you improve your legal marketing in 2015. From March 2014: How To Differentiate Your Law Firm Online The legal profession as a whole is slow to adapt to new technologies, and it really wasn’t that long ago that lawyers could stand out online simply by having a basic website.  However, that is no longer the case in 2014. So how do you build a credible online reputation for your firm…
  • The 12 Best Legal Marketing Lessons from 2014: #2. How to Save Time and Money by Automating Your Lead Conversion Process

    Stephen Fairley
    17 Dec 2014 | 12:43 pm
    From now until the end of the year, I will be sharing the 12 best legal marketing lessons from this blog, choosing what I think is the most beneficial post from each month in 2014.  Each one of them can help you improve your legal marketing in 2015. From February 2014: How to Save Time and Money by Automating Your Lead Conversion Process I’ve known Ken Hardison, a North Carolina personal injury attorney and president of the Personal Injury Lawyers Marketing and Management Association, for years and have even spoken at several of his annual events. Ken is one of the few attorneys I know…
  • The 12 Best Legal Marketing Lessons from 2014: #1. Top 10 Best Practices for Law Firm Blogs

    Stephen Fairley
    16 Dec 2014 | 2:44 pm
    We’re taking some time off over the holidays and hope you are too.  We all need some time away to refresh our brains and prepare ourselves for the challenges of a new business year. From now until the end of the year, I will be sharing the 12 best legal marketing lessons from this blog, choosing what I think is the most beneficial post from each month in 2014.  Each one of them can help you improve your legal marketing in 2015. Everyone at the Rainmaker Institute joins me in wishing you the happiest of holidays and a most prosperous New Year! From January 2014: Top 10 Best Practices for…
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    Defending People

  • A Williamson County Online-Solicitation Indictment

    Mark Bennett
    19 Dec 2014 | 5:56 pm
    In the name and by authority of the State of Texas: The Grand Jury for the _______ term of the ___ Judicial District Court of Williamson County, Texas, having been duly selected, empaneled, sworn, charged, and organized, presents that before the presentment of this indictment, on or about the ___ day of ____, 2013, in Williamson County, Texas, X, hereinafter “defendant”, with the intent to arouse or gratify the defendant’s sexual desire, over the Internet, knowingly solicited Jessica, a minor and undercover persona of Gary Marquis, to meet the defendant with the intent that Jessica…
  • One in Thirty

    Mark Bennett
    12 Dec 2014 | 12:39 pm
    Here (pdf) is the Bureau of Justice Statistics’ report on Rape and Sexual Assault Victimization Among College-Age Females, 1995–2013. Some highlights (all statistics are for women aged 18–24 unless otherwise noted): 6.1 out of 1,000 college women experience “sexual victimization”—rape, attempted rape1 or sexual assault2—annually. This is much lower than the 1–in–5 statistic that is widely bandied about by those who think there is an epidemic of rape on American college campuses. Even if we multiply 6.1 by five (for five years in college), the rape rate in…
  • Journalism!

    Mark Bennett
    11 Dec 2014 | 12:58 pm
    When I first saw the Rolling Stone UVA rape story by Sabrina Erdely, I’d been thinking about satanic ritual abuse stories because Fran and Dan Keller were in the news. I tweeted: Speaking of satanic ritual abuse: — Mark W. Bennett (@MarkWBennett) December 1, 2014 The story was unbelievable to me. Not “unbelievable” in the loose sense of “sensational,” but literally unbelievable. I knew that the story was false The Erdely UVA story is going to turn out to be a long rambling joke. “Journalism!” will be the punchline. — Mark W.
  • In Which New Vistas Open Up

    Mark Bennett
    19 Nov 2014 | 6:39 pm
    It started with criminal First Amendment litigation. I fought for five years against a speech-restricting penal statute, learning the law along the way and finally punching a hole in the dam last year, freeing a lifetime’s worth of people who had already given up hope. Naturally, I went on the hunt for other statutes to kill. My friend and fellow TLC alumnus Don Flanary of San Antonio beat me to the improper-photography statute, but he only killed (in Ex Parte Thompson) the part dealing with photography in a public place, leaving the part dealing with photography in a restroom or…
  • In Which Texas Sex-Assault Law is Bizarre

    Mark Bennett
    5 Nov 2014 | 3:27 pm
    Texas Penal Code Section 22.011, Sexual Assault: (a) A person commits an offense if the person: (1) intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent; (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or (C) causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor… (f) An offense under this…
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    a public defender

  • Rewarding lying cops: America’s crisis of faith

    18 Dec 2014 | 4:12 am
    There is a crisis of faith in America. A crisis that exposes the deep chasms that exist in our society. Traditionally a community caretaking function, and thus deserving of the highest levels of faith, trust and respect, policing in America is now a flashpoint; a litmus test through which to determine which side of the privilege aisle you rest your head on. A Gallup poll released last week showed that while police departments were one of the institutions that Americans on average had the highest confidence in (57% overall), this was belied by deep divides among racial and political lines.
  • One last gasp: Eric Garner and the failure of racial justice

    4 Dec 2014 | 5:47 am
    The last words of Eric Garner, and perhaps the last gasp of the veil of ignorance that shrouds law-abiding suburban folk from the reality of the racial injustice that permeates and destroys every other part of America. This is an incredibly complex issue – well, it is an incredibly simple issue to frame, but exceedingly complex to unpack, understand and solve. Eric Garner was killed, that much is sure. That no one is to blame – legally – for that death is a mild surprise. That a prosecutor shirked his responsibility to do justice yet again is nothing but business as usual.
  • 3 images about Ferguson you need to have handy today

    27 Nov 2014 | 5:25 am
    I bet you’re all going to hang out with family today. All families, by law, have one or two racist fucktards who are gonna go on and on about how the Officer was defending himself and acting properly in the line of duty. They’re not gonna get it, but to explain that requires reading. Here are three images – because people like your Uncle Bill aren’t the best at reading good – that you should print out and shove in their faces: Via. Note the staggering number of NA for Darren Wilson. Via. There’s more at the link. And if you really want to troll someone…
  • 1 thing you should do after Ferguson

    26 Nov 2014 | 5:03 am
    There are lots of websites out there giving you advice on what you can do to help and change things after Ferguson. It’s cute. It’s stuff like “understand things better” or “hold hands y’all” or “be good to each other” or “realize that black lives matter”. It’s hogwash. None of that will change anything. I’m here to give you the straight dope. The skinny. The real deal. The inside info. Here’s what you should do to change things. Get on a jury. Vote to acquit. Done. The more marginal, he-said she-said,…
  • Play guess the questioner

    25 Nov 2014 | 10:19 am
    Guess: is this a prosecutor questioning a victim? A prosecutor questioning a defendant? A defense attorney questioning a victim? A defense attorney questioning a defendant?
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  • Threshold Motion Dismissed on Small Jury Award for Chronic Pain

    Omar Ha-Redeye
    21 Dec 2014 | 9:56 am
    Car insurance premiums are an important public policy consideration, even in light of the compensatory rationale underlined in tort law. In Ontario, the legislature has created a balance through s. 267.5 of the Insurance Act and its Regulations, which creates a “threshold” before which an injured person can receive damages after a motor vehicle collision. Although brought into statute through Bill 198 in 2002, the test used on this threshold precedes the amendments and can be found in Meyer v. Bright, as follows: (i) Has the plaintiff sustained a permanent impairment of a…
  • Summaries Sunday: SOQUIJ

    21 Dec 2014 | 4:00 am
    Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec. PÉNAL (DROIT) : En concluant que le public raisonnablement informé ne perdrait pas confiance dans l’administration de la justice si l’intimé, inculpé du meurtre au premier degré de ses deux enfants, était remis en liberté en attendant la tenue de son nouveau procès,…
  • Summaries Sunday: Maritime Law Book

    Steven Matthews
    21 Dec 2014 | 4:00 am
    Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at This week’s summaries concern: Administrative Law – Aliens – Civil Rights – Crown – Government Programs Canadian Doctors for Refugee Care et al. v. Canada (Attorney General) et al. 2014 FC 651 Administrative Law – Aliens – Civil Rights – Crown – Government Programs – Practice – Statutes Summary:…
  • Internet Jurisdiction and the Microsoft Warrants

    John Gregory
    19 Dec 2014 | 7:33 am
    According to a news report, “Earlier this week 28 technology and media companies, 23 trade associations and advocacy groups and 35 professors of computer science filed legal papers in support of Microsoft’s opposition to US court rulings earlier this year which said that US authorities’ search warrant powers apply to customer information held outside of the US.” I have had difficulty understanding the legal basis for Microsoft’s objection. Is it not clear that either law enforcement authorities or civil courts can require the production of documents in the custody or control…
  • The Friday Fillip: Hues Kidding

    Simon Fodden
    19 Dec 2014 | 4:05 am
    Pantone. Pan – tone. All the colours. This is quite a boast and it puts me in mind of the claim by a friend a long, long time ago that his collection of the then new tape cassettes formed, in his words, “the total library of recorded sound.” How many colours are there? This is one of those questions that have no answers and far too many answers. On one of its web pages, Pantone, a commercial system for matching colours in printing ink and in paint, claims a measly 2096. “Measly” because logic suggests that there is an infinity of possible colours. Or is there? My…
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    Virtual Law Practice

  • Practicing Law Online Ebook

    Stephanie Kimbro
    16 Dec 2014 | 3:44 pm
    Here is the revised version of the Practicing Law Online ebook, which I first released in 2008 and updated in 2010. This revised edition of the ebook examines different business models for virtual law firms and goes beyond solos and small firms to apply the concept of virtual practice to larger firms and in-house legal departments. The ebook walks the reader through the process of choosing a virtual law firm business model and examines methods of online delivery that work best with the firm’s practice area and client base. I also incorporated some of the design methodology and…
  • Commission on Future of Legal Services Seeks Feedback

    Stephanie Kimbro
    6 Nov 2014 | 1:45 pm
    I was honored to be asked to participate in the ABA President’s Commission on the Future of Legal Services this year and next. This Commission is calling for Issues Paper feedback now through December 10th. For my legal tech friends and colleagues, if you have something to say, now is a good time to get it on the table. Details below. I like the ABA President this time around. I’ve heard President William Hubbard speak several times by now. I’ve heard him address some difficult criticisms of the ABA with grace at a conference on disruptive innovation in the market for…
  • Consumer Law Levels Up

    Stephanie Kimbro
    29 Oct 2014 | 10:22 am
    Two new options for consumer legal services entered the market in the past week. They are different in nature, but both provide alternatives for legal assistance and guidance. Both include different levels of legal guidance from licensed lawyers and some elements of self-help and unbundling of legal services. My stance on that has been that the value of a lawyer is great where the consumer can afford it, but some unbundled help even without a lawyer is better than leaving a consumer to flounder about on their own. First up, Avvo launched Avvo Advisor. Consumers can go online and connect to…
  • 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…
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    Native American Legal Update

  • New Research on Tribal Sovereignty, Economic Development, and Human Security

    Greg Guedel
    18 Dec 2014 | 7:59 am
    The American Indian Law Journal has just published a new research study that provides data on key Tribal economic and human security indicators.  The research was conducted by Greg Guedel in conjunction with the University of Washington Jackson School of International Studies.   Key findings from the research include: Data indicating that while revenues from Tribal gaming have provided tremendous economic resources since the California v. Cabazon decision, gaming revenue growth has decreased dramatically since 2007 and annual total gaming revenue has effectively plateaued. Tribal…
  • DOJ to Allow Marijuana Farming on Tribal Lands

    Greg Guedel
    12 Dec 2014 | 7:52 am
      The United States Department of Justice Department has issued a new memorandum indicating that U.S. attorneys will not prevent Tribes from growing or selling marijuana on their sovereign lands, even in states where marijuana cultivation and sales are banned. The new guidance will be implemented on a case-by-case basis and Tribes must still follow federal guidelines, said Timothy Purdon, the U.S. attorney for North Dakota and the chairman of the Attorney General's Subcommittee on Native American Issues. Some Tribes see marijuana sales as a potential source of revenue, similar to…
  • Tribes Resist Opening of Sacred Rattlesnake Mountain to Public

    Greg Guedel
    10 Dec 2014 | 10:34 am
    As reported by Tom Banse of KUOW radio, the Yakama Nation and neighboring tribes have objected to a move by Congress to offer public access to the summit of Rattlesnake Mountain, a place tribal members consider sacred. Rattlesnake Mountain is located within the Hanford Reach National Monument near Richland, Washington. Republican Congressman Doc Hastings authored the requirement that the federal government provide some degree of public access. The provision is now part of a defense spending bill that is expected to pass. Access to the mountain is currently highly restricted. Philip Rigdon…
  • Cobell Land Buyback Program Accelerating

    Greg Guedel
    1 Dec 2014 | 9:34 am
    The Associated Press reports that the number of Tribal communities participating in the BIA’s $1.9 billion land buyback program is increasing, with 21 communities in 12 states slated to join program by 2017, according to Deputy Secretary of the Interior Mike Connor. That will bring the total number of Tribal communities participating in the program to 42. “Right now the program is accelerating,” Connor said. “Our outreach efforts and coordination with tribal leaders and government is becoming more effective.” The buyback program was a central piece of a $3.4…
  • Navajo Nation Imposes New Tax On Junk Food

    Greg Guedel
    22 Nov 2014 | 3:37 pm
    The sales tax on cookies, chips, sodas and other junk food sold within the territory of the Navajo Nation is set to increase. Navajo Nation President Ben Shelly signed legislation that raises by 2 percentage points the sales tax on food with little to no nutritional value. Tribal advocates for the junk-food tax sought a bill that could serve as a model for Tribal communities to improve the rates of diabetes and obesity among Native Americans. "We want them to think twice about buying healthy foods instead of soda pop, potato chips and the junk food," said Gloria Begay, an advocate…
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    Technology & Marketing Law Blog

  • Fair Use Protects Sending Expert Witness’ Resume to Opposing Counsel–Devil’s Advocate v. Zurich Insurance

    Eric Goldman
    19 Dec 2014 | 11:02 am
    Photo credit: resume // ShutterStockMost of us probably have never thought about the coprightability of our resumes or curriculum vitae. Most resumes are highly functional documents, i.e., we don’t write them for fun; and they are just an input into a more important output (like getting a job). They also tend to be highly factual (more on that in a moment). Still, some resumes have substantial literary components which should qualify for copyright protection; and even if not, the selection/arrangement/coordination of facts typically should qualify for a compilation copyright. Even if…
  • Appeals Court: Accepting Lawyer’s Prove-me-Wrong Challenge Does not Form a Contract

    Venkat Balasubramani
    18 Dec 2014 | 12:27 pm
    shutterstock / orgus88: A old wanted posters / Vector wanted poster image This is a great case where a defense lawyer made a passing statement that his client could not have committed a murder he was charged with due to the sheer impossibility of traveling logistics. The Defendant was spotted via surveillance camera in Atlanta several hours before and after the murders (in Florida). The defense lawyer said there was no way the defendant could have gotten from the hotel in Atlanta to Orlando, driven to Bartow, then flew back to Atlanta and make another appearance on the security camera: I…
  • Will A ‘Cast Of Thousands’ Become A ‘Cast Of Thousands…Of Plaintiffs’? A Preview of Garcia v. Google (Forbes Cross-Post)

    Eric Goldman
    18 Dec 2014 | 8:43 am
    [Note: I wrote the following post on Monday before the oral arguments. I haven’t had a chance to view Monday’s oral arguments, but from the news reports and Twitter feeds, it sounds like Kozinski and McKeown will be squaring off. Let’s hope that works out better than the last Ninth Circuit en banc Internet intermediary case where they disagreed. Judge Kozinski apparently reached deep into his bag of tricks in a desperate attempt to advance his normative agenda; but perhaps his desperation was transparent to his colleagues. I’m still keeping my fingers crossed that the…
  • eBay Isn’t Liable for Selling Recalled Merchandise–Hinton v. Amazon

    Eric Goldman
    17 Dec 2014 | 9:11 am
    Photo credit: enameled house number two hundred and thirty // ShutterStockDue to Section 230, eBay generally isn’t liable when its merchants sell problematic goods. I believe the earliest ruling establishing this proposition is Stoner v. eBay, a 2000 case over bootleg recordings. More recently, in 2011, a court held that eBay wasn’t liable for personal injuries caused by merchandise purchased on eBay. The latest attempt to hold eBay liable for the goods offered by its merchants claimed that eBay sold equipment subject to CPSC recalls. Like the other cases, this one goes nowhere.
  • First Amendment Bars School Discipline For Student’s Rap Video About School Coaches

    Venkat Balasubramani
    16 Dec 2014 | 8:50 am
    Bell was a student at Itawamba Agricultural High School in Fulton, Mississippi. A few female students told Bell that two male athletic coaches had made inappropriate comments toward them. Bell, an aspiring rapper, made a video about the two coaches. shutterstock / Leishman – cartoon man principal sitting at his desk with a golden apple The verses generally derided the behavior of the two coaches, identifying them by name. Bell posted the video initially to Facebook and then posted a “more polished” version on YouTube. (You can see the lyrics in the opinion, but the majority and…
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    The California Employment Law Blog by Mediator Steven G. Pearl

  • In re Walgreen Co. Overtime Cases: Court of Appeal Affirms Denial of Certification in Meal Period Class Action

    Steven G. Pearl
    26 Nov 2014 | 8:00 am
    In In re Walgreen Co. Overtime Cases (10/23/14, pub. 11/13/14) --- Cal.App.4th ---, the plaintiffs sought to certify a class of hourly employees on the theory that Walgreens propounded a lawful meal period policy, but in practice Walgreens failed to provide its employees with compliant meal periods. The trial court denied their motion for class certification, and the Court of Appeal affirmed, holding as follows: The trial court held that employers must make meal periods available, but need not ensure that their employees actually take those meal periods. Slip op. at 3-6.
  • Martinez v. Joe’s Crab Shack Holdings: Court Reverses Order Denying Class Certification in Misclassification Action

    Steven G. Pearl
    24 Nov 2014 | 8:00 am
    In Martinez v. Joe's Crab Shack (2013) 221 Cal.App.4th 1148 (discussed here) the plaintiffs alleged that the defendants misclassified its salaried managers and assistant managers as exempt from California’s overtime requirements. The trial court denied certification, finding that the plaintiffs failed to establish typicality, adequacy of representation, predominance of common questions, and superiority of the class action mechanism. After the Court of Appeal reversed, the California Supreme Court granted review and remanded in light of its opinion in Duran v. US Bank N.A. (2014) 59…
  • LACBA Presents "Employment Law Nuts & Bolts" Program 11/15

    Steven G. Pearl
    6 Nov 2014 | 1:00 pm
    The Los Angeles County Bar Association is presenting "Employment Law Nuts & Bolts: Discrimination, Harassment, Retaliation and Wage and Hour Law" on Saturday, November 15, 2014, at Loyola Law School in Los Angeles. The program runs from 9:00 am until 12:15 pm. The program will focus on teaching the law to new attorneys, those in practice less than five years, or those with more experience outside of the employment law field who wish to gain a better understanding of employment law.The first panel will cover federal and state wage and hour law. I am moderating, with Lauren Teukolsky…
  • Dynamex Operations West v. Superior Court: Who Is An Employer? (Revisited)

    Steven G. Pearl
    5 Nov 2014 | 8:00 am
    In Martinez v. Combs (2010) 49 Cal.4th 35 (discussed here), the California Supreme Court held that the broad, three pronged definition of "employer" found in the IWC Wage Orders applies in minimum wages actions brought under Labor Code section 1194. The question after Martinez was whether the Wage Order definition of "employer" would apply in all wage and hour actions or whether courts would continue to look at the multi-factor test found in cases such as S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. Dynamex Operations West, Inc. v. Superior Court…
  • Godfrey v. Oakland Port Services Corp.: FAAAA Does Not Preempt Meal and Rest Period Requirements

    Steven G. Pearl
    4 Nov 2014 | 8:00 am
    In People ex rel. Harris v. Pac Anchor Transportation, Inc. (7/28/14) --- Cal.4th --- (discussed here), the California Supreme Court held that an Unfair Competition Law (UCL) action based on a trucking company’s alleged violation of state labor and insurance laws was not “related to a price, route or service” of the company and, therefore, was not preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA). In Dilts v. Penske Logistics, LLC, ___ F.3d ___ (9th Cir. 7/9/14, amended 9/8/14) (discussed here), the Ninth Circuit held that the FAAAA does not preempt…
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    The Securities Law Blog

  • Efforts Continue to "BankofAmericanize" Merrill Brokers - No Compensation for "Small" Accounts

    15 Dec 2014 | 6:46 am
    I am not quite sure when a $250,000 account became a small account, but Merrill Lynch told its brokers on Wednesday that it is eliminating pay for servicing clients with less than $250,000Now, if you are a client at Merrill, with an account worth "only" $250,000, are you going to stay with Merrill? Of course not. And if you are a broker at Merrill, with any number of accounts in that range, are you going to stay with Merril?For more information, go to Merrill Raises Broker Bonuses, Eliminates Pay On Small Accounts---The attorneys at Sallah Astarita & Cox include veteran…
  • Fallout from Landmark Insider Trading Decision Begins

    15 Dec 2014 | 6:45 am
    A ruling that tossed out the insider trading convictions of two hedge fund managers may have opened the door for others charged with wrongful trading to get their cases or pleas dismissed.US District Court Judge, Andrew L. Carter Jr.,  ordered the lawyers for the defendants in an unrelated insider trading case to come to court on Dec. 18 to discuss the implications of the ruling.The day before, a panel of the United States Court of Appeals for the Second Circuit overturned the convictions of the hedge fund managers Anthony Chiasson and Todd Newman. Judge Carter said in his brief order…
  • Fraudulent Apple Trades Cost Morgan Stanley $4 Million in Fines

    11 Dec 2014 | 2:02 pm
    Morgan Stanley will pay $4 million to settle charges that it failed to stop a rogue Rochdale Securities LLC trader from fraudulently buying $525 million in Apple stock in 2012.For more information, go to Morgan Stanley Fined $4 Million for Role in Fraudulent Apple Trades - WSJThe attorneys at Sallah Astarita & Cox include veteran securities litigators and former SEC Enforcement Attorneys. We have decades of experience in securities litigation matters, including SEC and FINRA investigations, insider trading cases, securities arbitrations and class actions, nationwide. For more information…
  • Broker Tip: Affluent Pre-Retirees Concerned with Health Care Costs

    11 Dec 2014 | 5:56 am
    "Concerned" doesn't do the concept justice. The article uses the word "terrified." More than 62 percent of pre-retirees now say they are “terrified” of what health care costs may do to their retirement plans, according to an annual Nationwide Retirement Institute survey released today. The survey reveals concern about out-of-control health care costs and the Affordable Care Act (ACA) increasing those costs.It is amazing how many wealthy individuals in their 50s and 60s do not have a clue about investing, or planning for their future. These folks need help. This is a great marketing niche…
  • Time to Ban Mandatory Deferred Compensation - Morgan Stanley Admits It Uses Employee Funds For Its Own Benefit

    9 Dec 2014 | 7:00 am
    Morgan Stanley is not the only one who does it - almost all of the larger brokerage firms require large producers and executives to take their compensation on a deferred basis - often up to 50% of regular compensation and 80% of bonuses.Like most of these types of policies, the firms attempt to convince employees that the deferral is for the benefit of the employee - deferred taxes and all of that nonsense. However, employees are well aware that deferred comp is simply a way to keep employees from leaving - imagine a system where your boss holds a portion of your pay, and you can only get it…
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    New Jersey Attorney Law Review Blog

  • New Jersey Appeals Court Reaffirms Factors Establishing Corporate Successor Liability Under New Jersey Law

    Glenn R. Reiser
    11 Dec 2014 | 8:16 pm
      In an unpublished decision issued on December 11, 2014, the Appellate Division of the Superior Court of New Jersey was confronted with deciding whether a corporation was the successor in interest to the plaintiff's former commercial tenant such that the corporation should be held liable for tenant's breach of the lease.  40 Eisenhower Drive, LLC v. Karoon Capital Markets, Inc., et al., Docket No.: A-2620-12T4 (App. Div. Dec. 11, 2014).  Ruling in the affirmative, the appeals court provides a salient summary of New Jersey law on successor liability in the context of corporate…
  • NJ Judge Slams Mortgage Lender With $26,000 in Attorney's Fees for Violating New Jersey Consumer Fraud Act

    Glenn R. Reiser
    5 Aug 2014 | 3:53 pm
    In a July 31, 2014 unpublished decision, a Bergen County judge fined a mortgage lender $26,125 in legal fees for duping a 70-year old borrower into a refinance transaction that benefited only the lender.   Finding that the lender committed an unconscionable commercial practice by charging the borrower over $11,000 in mortgage closing costs that would have taken her 5+ years to recoup based on the paltry savings of $63/month from her monthly mortgage payment, the Court chastised the lender for acting in its own self-interest.A more detailed analysis about this case appears on our…
  • Vauling Closely Held Businesses Under New Jersey Law - What's it Worth?

    Glenn R. Reiser
    24 Jun 2014 | 10:47 am
    What is my business worth?  You say $100,000, she says $1,000,000.  Whether arguing with an irate spouse in the context of a divorce case or a business partner in a partnership dispute, the answer is often difficult and expensive to determine.As the New Jersey Supreme Court observed in Balsamides v. Protameen Chemicals, Inc., 160 N.J. 352, 368 (1999) (“Balsamides“), and Lawson Mardon Wheaton, Inc. v. Smith, 160 N.J. 383, 397 (1999) (“Lawson“), valuation of a closely-held business is not an exact science. See also Bowen v. Bowen, 96 N.J. 36, 44 (1984) (quoting Lavene v.
  • New Jersey Appeals Court Clarifies Requirements for Debt Purchasers Suing on Credit Card Debts

    Glenn R. Reiser
    10 May 2014 | 9:03 am
    In an unpublished decision, a New Jersey appeals court clarified the legal requirements that credit card debt purchasers must meet in order to pursue collection from consumer account holders. Main Street Acquisition Corp. v. Nemeth (App. Div., April 1, 2014).Click here to read the full post.
  • Mortgage Lender Whacked for $54,000 in Legal Fees in Botched Foreclosure Case

    Glenn R. Reiser
    1 May 2014 | 4:11 pm
    In a recent unpublished decision, the New Jersey Appellate Division upheld a trial court's sanctioning HSBC more than $54,000 due to the bank's filing of a foreclosure suit without being able to prove that it holds the proper chain of title to the underlying mortgage and promissory note. HSBC Bank vs. Nini, A-1941-11T1 (App. Div. , Unpublished, April 30, 2014). The irony of this decision is that despite claiming to be owed more than $700,000 on a property valued at only $361,000, the lender was forced to foot the bill for about half of the mortgagor's legal fees and expenses. Talk about…
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    Construction Law Musings- Richmond, VA

  • New Jersey’s Independent Contractor Rule

    Christopher G. Hill
    19 Dec 2014 | 6:00 am
    For this week’s Guest Post Friday here at Musings, we welcome back Bennet Susser.  Bennet is a founding member and shareholder of the New Jersey law firm, Jardim, Meisner & Susser, P.C. He has over 25 years’ experience in representing clients in all types of complex (and not so complex) litigation, including those involving construction actions. His Construction Law Practice Group has deep experience in the representation of property owners, developers, homeowners, design professionals, materials manufacturers, contractors and subcontractors in connection with construction of…
  • To Require Arbitration or Not To Require Arbitration

    Christopher G. Hill
    15 Dec 2014 | 6:00 am
    Uncyclopedia dispute resolution (Photo credit: Wikipedia) Many, if not most, construction contracts that I review during the course of my practice day include a mandatory arbitration clause.  Most of these refer in a blanket manner to AAA Construction Industry Rules.  The topic for this post is not whether such clauses are enforceable or whether they are one tool in the contracting tool box in a state where the contract is king.  I picked the title of this post carefully because I wanted to discuss whether such clauses should be required as a routine part of all construction contracts and,…
  • An Update on Things Here at Construction Law Musings

    Christopher G. Hill
    11 Dec 2014 | 6:00 am
    Originally posted 2014-03-05 10:31:02. Jefferson Davis monument on Monument Avenue, Richmond, Virginia. (Photo credit: Wikipedia) As the kids get back to school after yet another four day weekend due to snow here in Richmond, VA, and normalcy (whatever that means) kicks back in, I now have a chance to reflect, get back on the writing track and let you, my readers, know what has been happening here at Musings and with my solo construction practice. This past Friday, I was honored to moderate and speak at a seminar on Virginia mechanic’s lien issues.  I was one of four speakers that…
  • My How Six Years of Musings Can Fly By!

    Christopher G. Hill
    11 Dec 2014 | 6:00 am
    Wow!  It seems like just yesterday that I started this little construction law blog with a two line post on the Blogger platform.  When I posted that announcement six (yes, it’s been 6 years) ago basically on a whim, I had no idea that I would still be posting my “musings” on construction related topics this far in the future.  Now, 6 years, a jump to solo construction practice, and over 600 posts later, Musings is still going strong. This past year here at Musings has been a good one.  I’ve spoken at a couple of CLE’s on construction related topics and…
  • Just When You Thought General Contractors Were Necessary Parties. . .

    Christopher G. Hill
    8 Dec 2014 | 6:00 am
    The Supreme Court of Virginia Building (Photo credit: Wikipedia) Did you think that a subcontractor had to name a general contractor in a mechanic’s lien suit?  I did.  Did you think that nothing about this changed in the case where a Virginia mechanic’s lien was “bonded off” pursuant to Va. Code Section 43-71?  I did. Well, a recent Virginia Supreme Court case, Synchronized Construction Services Inc. v. Prav Lodging LLC, seems to at least create some doubt as to whether the a general contractor is a “necessary” party to a lawsuit by a subcontractor in…
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    Lowering the Bar

  • Siberian Tax Collectors Reportedly Holding Cats Hostage

    20 Dec 2014 | 1:25 pm
    Well, this may be a new low, even for Siberian tax collectors. The Itar-TASS news agency (via the BBC) reported in August that cотрудники Томского управления Федеральной службы судебных приставов, не найдя у должницы другого имущества, наложили арест на четырех породистых котят. In other words (English ones), officials of the Federal Bailiff Service (Tomsk Department) "arrested four kittens" as security for a 40,000-ruble debt. In this particular case, the owner…
  • Santa Robs Bank During SantaCon, Blends Into SantaCrowd

    19 Dec 2014 | 12:01 pm
    Santa has committed numerous crimes over the years, but usually he's either acted alone or conspired with others posing as Santa. It seems doubtful that everyone participating in SantaCon was in on this bank robbery, but you never know. According to multiple reports (thanks, Mark), on December 13 this ill-bearded Kringle robbed a Wells Fargo bank on Sutter Street in San Francisco, coincidentally about a block from Lowering the Bar headquarters (and yes, that is a coincidence). He told the teller he had a gun, gave her a demand note, got some cash and left the bank.
  • Police Department Ends Its "Voluntary Search" Program

    19 Dec 2014 | 5:30 am
    This program only lasted about five days, so I didn't have time to write about it before it was canceled for being dumb. But it was sufficiently dumb that I'm still going to write about it. On December 5, Wisconsin Public Radio reported that police in Beloit were "launching a new effort to reduce gun violence in which they're asking city residents to volunteer to have police search their homes for guns." The plan was apparently to ... well, that's basically it. Thinking about how they might have expected this program to operate is frankly hurting my head a little. Presumably, people who…
  • Mom Calls C-SPAN Show to Tell Her Sons to Get Along

    17 Dec 2014 | 10:44 am
    Connection to the law: tenuous.  But too good not to mention. The set-up: two brothers, one Republican, one Democrat, were on C-SPAN's "Washington Journal" show yesterday, talking (and of course arguing) about bipartisanship. This show allows people to call in and ask questions or make comments, and in this clip the brothers get a call from "Joy from North Carolina." Coincidentally, they are from North Carolina, and their mom's name is "Joy." Another reminder that (1) there's politics, and then there's real life; and (2) your mom will always be your mom.
  • Pet Piercing Will Soon Be Illegal in New York

    16 Dec 2014 | 11:37 am
    At first I hesitated to post this, out of concern that it might prompt people to run out and get their pets pierced while they still can. But then I decided that anybody who would do that probably has either already done it or is unlikely to be the kind of person who reads legal-humor blogs on a daily basis. Assembly Bill 739 bans the piercing and/or tattooing of any pet if not done for the pet's benefit. The anti-piercing measure states: "No person shall pierce or cause to have pierced a companion animal unless such piercing provides a medical benefit to the companion animal," and a…
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    Ohio Family Law Blog

  • Do Any of These 10 Regrets by Parents Apply to You?

    Guest Contributor Gregory Ramey, PhD, Child Psychologist and Dayton Daily News Columnist
    20 Dec 2014 | 12:03 am
    Some people live their lives looking at the rear-view mirror, regretting the past rather than enjoying the present or anticipating the future. Here are the most frequently mentioned regrets I’ve heard from parents in my office: Spent too little time with the kids. Overwhelmed with meeting the expectations of so many people, some parents never just enjoy their children. Relax and appreciate today. Spent too much time with the kids. At the other extreme, overprotective parents who are consumed with their children’s lives realize they have neglected themselves, their spouse, and other…
  • Divorce Regrets For Couples Likely Says Study

    Robert L. Mues
    13 Dec 2014 | 2:07 am
    Recent Study Say Couples Experience Increased Unhappiness In Their Second Marriage, Have Regrets Over Divorce Recently there has been some publicity of individuals expressing their regrets regarding obtaining their divorce.  A completely anonymous website, known as, allows individuals who have gone through divorce or separation to express their regrets.  This website led to a bestselling book series called “Secret Regrets”.   These expressions of regret occur too often in the divorced world as a recent Utah State University article discusses. The study…
  • Divorce: Larger the Engagement Ring, the Higher the Divorce Rate?

    Robert L. Mues
    6 Dec 2014 | 1:36 am
    Do Divorce Rates Increase When People Spend More Money On An Engagement Ring? Study Says Yes! Traditionally, A princess cut, a pear, a round, or an oval?  Should I go to Jared (He went to Jared) or Stafford or Kay, because every kiss begins with Kay, right? How much should I spend?  Can I afford a good engagement ring now or should I wait and save 3 months’ salary?  Am I going to look cheap if I go to an off brand jeweler or use a family heirloom ring? These are all questions that many men face when deciding when and where to purchase an engagement ring.  It seems like just buying the…
  • In the Season of Excess: Will you Splurge or Binge?

    Guest Contributor Donna F. Ferber, LPC, LADC
    29 Nov 2014 | 12:24 am
    Today while running some errands, I saw mountainous displays of bags of candy so enormous that I would need assistance just getting them to the car! Aisles and aisles of transparent sacks filled with tempting giant size candy bars! Where are those little bit size morsels we used to consider a treat? Now there were Reese’s Peanut Butter Chocolate Cups the size of small pizzas! (Okay, maybe just the size of bagels…but still!) Of course, they are priced to encourage you purchase more than just one bag (buy two, get one FREE!). Halloween is the gateway holiday to the season of excess –…
  • Divorce: Dividing iTune Libraries and Other Digital Assets

    Robert L. Mues
    22 Nov 2014 | 12:13 am
    What Happens To Your Digital Assets In A Divorce? Digital Assets Library That Can Be Divided In A Divorce Process Include Kindle, iTunes, Xbox Live, Games, Apps And Other Digitally Downloaded Media Traditionally, when dividing assets in a divorce, each individual looks to their assets obtained during the marriage.  When these assets are identified, the process of dividing those assets up then runs its course.  Today, with the constantly changing technological field, assets are not merely tangible objects anymore.  For example, your iTunes library is not a tangible asset, yet it does have…
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    3 Geeks and a Law Blog

  • The Irrational Fear of Artificial Will

    2 Dec 2014 | 2:44 pm
    Image [cc] - agsandrew  A lot has been made of Elon Musk's recent comments about Artificial Intelligence being "a greater risk than nukes." And no less an intellect than Stephen Hawking recently echoed that sentiment. I've seen two examples of this fear showing up in popular television shows; a recent episode of Elementary had Sherlock Holmes administer an extended Turing test to a doll to see if it possibly killed a person, and this season of Person of Interest centers around the battle of omniscient and seemingly omnipotent computers with ridiculously…
  • Using Novelty, Surprise, and Shock to Change Behavior

    25 Nov 2014 | 9:14 am
    Image [cc] Brainware3000 As I was going through my Facebook feed this morning, I noticed an update from Amy Hale-Janeke that pointed to an article on "How to Stop Annoying Behaviors and Handle Offensive People." For strictly research purposes only, of course, I read the article, which led to me watching Dan Pink's 2009 Ted Talk, and then to Pink's short video on Crowd Control: Top 5 Jaywalkers. It was extremely interesting to listen as Pink discussed how businesses incentive methods are shown to be ineffective when reviewed by social scientists. Methods meant to improve performance…
  • Lex Machina and the Wave of Legal Research and Analytics Resources

    13 Nov 2014 | 7:12 am
    Image [cc] Giulia Forsythe There are very few legal research and analytic platforms that are truly unique, ground-breaking, advantage-giving resources. One of the newer products out there that does seem to fit this category is Lex Machina. Although I'm still not sure the proper pronunciation of the "Machina" (is it "Mah-CHEE-Na" or "Mak-IN-ah" or "Mah-KEEN-ah"?? ), it is one of the few products where I've heard lawyers from multiple firms say it is a "must have" as part of their IP litigation arsenal. In fact, when talking with an IP Lawyer at a conference once, that lawyer said "I…
  • The Top 5 Myths of Law Library Outsourcing – And the Unsung Heroes

    12 Nov 2014 | 9:01 am
    Image [cc] Richard Aird [Editor Note: Please welcome guest blogger, Deborah Schwarz, CEO and Founder, LAC Group. Since we know there has been a lot of talk about outsourcing in library services, we thought it would be interesting to get Deb's perspective on what she hears from the business side of Managed Services for law libraries. So our thanks to Deb for giving us five things she hears, but thinks are misperceptions when it comes to Law Library Outsourcing. - Greg Lambert] As the legal landscape continues to shift, law firms are looking for every possible advantage to…
  • Free Webinar on Competitive Intelligence Deliverables - This Thursday 11/13

    10 Nov 2014 | 1:52 pm
    Update 11/18/2014: A recording of the presentation, handouts, and examples are available on the CIBlawg site. NOTE: The Webinar has been over-subscribed! Unfortunately, this may mean that some of you may not be able to log in and listen.  The Slides of the presentation will be available shortly after the webinar. Seems like AALL and PLL have a popular thing on their hands, and hopefully will present additional CI webinars soon. - GL If you've ever wondered what Competitive Intelligence looks like, then sign up for this free webinar sponsored by Private Law Libraries…
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  • My Top 5 Books For 2014

    Shane McLean
    15 Dec 2014 | 9:25 am
    This is the time of year when we see annual lists start popping up.  I use annual book lists as a way to find new books to read so I thought I would share the top books I have read (or listened to in my car) in 2014.  Some of these books might not be new this year, but I finally managed to get around to them this year so I have included them.  In no particular order, I liked: 1.   Abundance: The Future Is Better Than You Think by Steven Kotler and Peter H Diamonds A more positive look ahead based on the theory that, as it has in the past, new technology will rise to meet the problems…
  • Review of TSX Venture Exchange New Listings Activity in 2013

    Shane McLean
    20 Jan 2014 | 12:04 pm
    Each year the TSX Venture Exchange publishes a summary of its “new listings” activity.  New listings include initial public offerings (IPOs), qualifying transactions through the Capital Pool Company program, companies completing a reverse takeover and companies moving up from the NEX exchange or down from the TSX.  Here are some highlights of the data for 2013: In 2013 there were a total of 158 “new listings” compared to 240 in 2012 and 334 in 2011.  The reduction in new listings activity that we saw in 2012 clearly continued into 2013. Of the new TSXV listings in 2013 there were…
  • The Ins and Outs of Granting Equity to Your Tech Startup All Star Team

    Shane McLean
    13 Nov 2013 | 6:58 am
    This great article by my law partner James Smith is worth checking out if you are considering using equity grants to members of your tech startup team (hint:  you should be):
  • Saskatchewan Proposes Its Own Crowdfunding Prospectus Exemption

    Shane McLean
    23 Oct 2013 | 8:05 am
    The Saskatchewan Financial and Consumer Affairs Authority (FACC) has announced a detailed equity crowdfunding proposal.  This follows an update by the Ontario Securities Commission (OSC) in August about its own progress on coming up with a new crowdfunding exemption from prospectus requirements (Read more here). The FACC put out a backgrounder for discussion purposes back in July.  As a follow up to that discussion piece, this month the FACC released a draft order for comment purposes which contained far more detail on what an equity crowdfunding exemption may look like in…
  • Crowd funding in Ontario’s future

    Shane McLean
    5 Sep 2013 | 10:36 am
    In December 2012 the Ontario Securities Commission published a Staff Consultation Paper seeking comments on a number of potential new prospectus exemptions.  One of the potential exemptions that created a bit of excitement in the startup community was an exemption which would allow Canadian companies to raise equity financing through crowd funding, which is essentially a process of raising financing from a large number of small investors through an online portal. Borrowing heavily from the concepts established by the US regulators in the JOBS Act approved in early 2012 (most of which has yet…
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    The High-touch Legal Services® Blog...for Startups!

  • How to Dissolve a Delaware Corporation or LLC

    2 Dec 2014 | 7:11 pm
    This post discusses how to dissolve a Delaware corporation or LLC (limited liability company) – i.e., how to terminate the entity’s existence. For information about dissolving California entities, see How to Kill Your Company when that’s the Only Choice. Dissolve a Delaware Corporation Shortcuts are available if the corporation has not conducted business or has not issued shares. Otherwise, the following procedure will apply. Delaware General Corporation Law Section 275 provides that to dissolve a Delaware corporation, either of two procedures may be followed. A majority of the…
  • What are Repeated and Successive Transactions?

    13 Nov 2014 | 7:35 pm
    In Doing Business in CA? Be Sure to Register, I discussed when a foreign entity must register to do business in California. The test is whether the entity has transacted intrastate business, i.e., has engaged in repeated and successive transactions of business within the state. This post explores the meaning of “repeated and successive transactions“. “Repeated and Successive Transactions” Not Defined The term “repeated and successive transactions” appears in Corporations Code Subsection 191(a). Unfortunately, that term is not defined. However, another…
  • Who Is Bound by a Pre-incorporation Contract?

    11 Nov 2014 | 5:36 pm
    This post about entering into a pre-incorporation contract is based on a question I answered on Avvo. See Can I legally speak as my company in things like terms & conditions if I have not officially registered the company yet? The term “pre-incorporation contract” properly should apply only to corporations, because that is the only type of business entity that is incorporated. Other types of business entities, such as limited liability companies (LLCs), are formed, rather than incorporated. However, as is discussed below, a pre-formation contract (in California, at least) is…
  • Fraudulent Email Prohibitions Supplement CAN-SPAM

    6 Nov 2014 | 4:17 pm
    In Commercial E-mail and CAN-SPAM: What You Need to Know, I discussed how the federal CAN-SPAM Act makes commercial email more truthful, more transparent and more avoidable. This post addresses how California law concerning fraudulent email supplements CAN-SPAM. In particular, this post discusses preemption, by which, under certain circumstances, U.S. federal laws can invalidate state laws that address a given subject matter. Federal Preemption by CAN-SPAM Many states (including California) had passed anti-spam legislation before CA-SPAM took effect. In an effort to set a national standard,…
  • Can Parties Enter Into a Perpetual Contract?

    5 Nov 2014 | 6:51 pm
    This post is about whether parties may enter into a perpetual contract (one that never ends). It is adapted from my answer to a question on Quora. See Is it possible to structure a contract with no end date? It turns out the the answer depends, to some extent, on which state’s law applies. California: Perpetual Contract Can Be Terminated For example, in California a perpetual contract can exist, but any party may terminate it at any time. In Zee Medical Distributor Assn. v. Zee Medical, the California Court of Appeal for the First District discussed a three-step analysis concerning…
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    Gamso - For the Defense

  • On Legal Education and the Execution and Exoneration of George Stinney, Jr.

    18 Dec 2014 | 5:27 am
    For days now I've been meaning to write about the would-be lawyers who claim to be so emotionally wrought over the news that they can't handle law school exams.  And the law schools that find their students' emotional stress over the news sufficient basis to delay exams or grant continuances.  And the idiot student who thinks that its a mistake to view the students who claim to be too wrought to take exams as being too wrought to take exams.  Rather, they're deeply passionate activists who understand that practicing law will have nothing to do with law but everything to do with…
  • "No," She Said, Not Without a Warrant

    10 Dec 2014 | 4:54 am
    On May 23, 1957, three Cleveland police officers arrived at appellant's residence in that city pursuant to information that "a person [was] hiding out in the home, who was wanted for questioning in connection with a recent bombing, and that there was a large amount of policy paraphernalia being hidden in the home." Miss Mapp and her daughter by a former marriage lived on the top floor of the two-family dwelling. Upon their arrival at that house, the officers knocked on the door and demanded entrance but appellant, after telephoning her attorney, refused to admit them without a search warrant.
  • The Rule of Nine in a Supreme Year

    9 Dec 2014 | 6:43 pm
    No doubt it seemed a clever idea.  Focus on a single term of the Supreme Court to illuminate how it operates, what its individual and collective constitutional understanding currently indicates about some of the more controversial issues of the day, and how each of the nine justices interprets and applies the Constitution.Or perhaps the seemingly clever idea was to focus on each of the nine justices interprets and applies the Constitution in order to illuminate what their individual an collective views indicate about some of the more important issues of the day and how the Court…
  • Counting the Days

    4 Dec 2014 | 10:14 pm
    Anne Boleyn spent the night of May 18, 1536, in the Tower of London.  She'd been there for some 16 days, since her arrest on May 2 on charges of adultery, incest, and plotting to kill her husband, Henry VIII, King of England.  That night was to be her last.The next day she was taken to the Tower Green and beheaded.  It is said that she became hysterical during those two weeks in the Tower.  Uncontrollable wailing and crying.  Manic laughter.  She was herself, they say, conniving enough to understand that she'd been a victim of a plot.  She was herself, they…
  • See How Far We've Come

    1 Dec 2014 | 6:38 pm
    Rosa ParksThat's her booking photo.  It was 59 years ago today, December 1, 1955, that she sat down on that bus.  At the front.  With the white folk.  Rosa Parks, they say, started a revolution that day.Michael BrownThat's Michael Brown, though you can't see him, just his casket and a photo from when he was a child.It was 113 days ago that he was shot by then-Officer Darren Wilson of the Ferguson Police Department.  Like Rosa Parks, he was African-American.Tamir RiceThat's Tamir Rice.  He was 12 when he died.It was 9 days ago that he was shot and killed by…
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    VirtualMarketingOfficer Blog

  • Top Ranked Blogs Get Passed Over By The 2014 ABA Blawg 100

    Jayne Navarre
    3 Dec 2014 | 2:22 pm
    Santa’s got a list. He’s checking it twice. Every “list” deserves a little scrutiny—a second look? Well, here’s to that… In a few weeks we’ll not only know who’s been naughty or nice, we’ll know who tops the 8th annual ABA Blawg 100 list. (Anyone can register to vote their favorites from the nominees here.) The Blawg 100 gets published and everyone in the niche clamors. Why? Because it’s interesting to see what law blogs our peers and blogger brethren are reading and loving each year, and more importantly who earned their bragging rights. Each year there…
  • Are you ready to deck the halls with boughs of social media content?

    Jayne Navarre
    10 Nov 2014 | 5:39 pm
    There’s a holiday feeling in the air. The invites to parties, soirees, concerts, and other festive affairs are about to hit your December calendar. The law office canteen will soon be filled with cookies and candies. Greeting cards are printed and soon to be lined up on the conference room table, ready for signatures. Law firm client gifts are approved and ordered. The database housekeeping and eCard production is done. Ooops. You didn’t forget your holiday social media content plan did you? Deck the Halls with Boughs of Content… All year long you’ve been collecting followers, friends…
  • Praise for FAIL: An entertaining detective mystery with a conscience…

    Jayne Navarre
    3 Nov 2014 | 3:32 pm
    The glorious lack of success in almost any bad situation can be summed up in a single syllable—fail. However, FAIL, a recently released detective mystery novel by award winning author Rick Skwiot (Blank Slate Press, St. Louis, Missouri, Oct. 2014), is a glorious success that receives my highest recommendation—a real page-turner. Skwiot’s writing, working meticulously like a treacherous black widow spider, pulled me craftily into the mean streets of St. Louis, Missouri, an otherworldly chasm of urban decay and corruption. Weaving tough subjects—criminal justice, inner city schools,…
  • My Steinbrenner Rule: A good pitching arm alone is not why you invest $28 million

    Jayne Navarre
    28 Oct 2014 | 9:38 am
    If you’re like me, you’ve pushed at least one costly project through your law firm that didn’t turn out as you had expected. But you learned something in the process—failure can be a good teacher. It happens to everyone. It happened to me. What I once learned is what I now call my Steinbrenner rule: A good pitching arm alone does not guarantee a win. George Steinbrenner, the legendary New York Yankees’ owner, re-signed Roger Clemens, who was near the end of his distinguished, albeit controversial, career, with a precedent setting $28 million contract in 2007. Although Clemens was…
  • Tips for Hiring a Law Firm Marketing Consultant: Part II – The Endgame

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

  • More on the BMG v. Cox Complaint

    Ben Snitkoff
    1 Dec 2014 | 4:59 am
    Last week BMG sued Cox for copyright infringement by Cox’s customers. The complaint details the lengths to which BMG went to notify Cox of copyright infringement by Cox’s customers. BMG monitored bittorrent swarms, and sent Cox at least 114,103 notices of copyright infringement, and potentially up to over seven million, depending on how you read the complaint. BMG sent individual notices to Cox, and set up a web portal through which Cox could view reported repeated infringers. It’s unclear from the complaint exactly how BMG is defining a repeat infringer: whether it’s…
  • Music Publishers Sue Cox For Users’ Copyright Infringement

    Ben Snitkoff
    28 Nov 2014 | 9:04 am
    The WSJ is reporting that music publishers BMG and Round Hill Music are suing Cox for copyright infringement. Details are sparse in the article and we haven’t been able to locate a copy of the complaint yet, but the gist of the suit appears to be that BMG and Roundhill notified Cox of repeat infringers, but Cox did not disconnect those users from the internet. One of the conditions for a service provider to be eligible for the DMCA safe harbor is that they: (A) ha[ve] adopted and reasonably implemented, and inform[ed] subscribers and account holders of the service provider’s system or…
  • Apple Hit With $23 Million Patent Infringement Verdict

    Ben Snitkoff
    19 Nov 2014 | 5:14 am
    Apple Inc. lost a big patent infringement case against MTel in the Eastern District of Texas. It’s safe to assume that Apple will appeal, and a likely target of that appeal will be a recent decision from the Federal Circuit criticizing certain methods of calculating damages. The patents related generally to text-based communication. Related posts: District Court Awards Fees In Patent Dispute The blogosphere has been going a little bonkers over a... Patently-O: Data Structures Patent Ineligible It’s been a slow couple of weeks in tech-law news,... Raise or Waive – The Federal…
  • “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…
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    The Jury Room

  • Simple Jury Persuasion: You are loved and cared for

    Rita Handrich
    19 Dec 2014 | 4:02 am
    We are again honored by our inclusion in the ABA Blawg 100 list for 2014. If you value this blog, today is the last day to vote for us here in the Litigation Category. Is this perhaps the anti-reptile theory? We don’t know, but it is potentially a powerful stealth weapon for cases where your opponent is attempting to frighten jurors into making emotional decisions because they feel threatened. And it is so very simple (and cheap) that you will thank the brain scientists responsible for doing such a complicated study with such simple findings. In brief, the researchers wondered if…
  • Same sex marriage is okay but please, no PDA!

    Douglas Keene
    17 Dec 2014 | 4:02 am
    We are again honored by our inclusion in the ABA Blawg 100 list for 2014. If you value this blog, please take a moment to vote for us here in the Litigation Category. Voting closes on December 19, 2014. Doug and Rita We’ve blogged a number of times about changing attitudes toward same sex marriage.  The majority of Americans now support same sex couples being allowed to marry but that doesn’t mean we want to watch “them” be publicly affectionate. And “we” are not alone. Even gays and lesbians express some discomfort with public displays of affection (PDA) for same-sex couples.
  • Are you a murdered white female? Here is some small comfort!

    Rita Handrich
    15 Dec 2014 | 4:02 am
    We are again honored by our inclusion in the ABA Blawg 100 list for 2014. If you value this blog, please take a moment to vote for us here in the Litigation Category. Voting closes on December 19, 2014. Doug and Rita If you are a murdered white female, your case will be investigated and prosecuted (and probably more severely sentenced) than any other murder victim (especially if you are allegedly killed by a Black defendant). This fact comes from a disturbing look at “prosecutorial files on over 400 homicide cases from Caddo Parish, Louisiana (the Shreveport area) in the 21 years between…
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    Karl Bayer's Disputing Blog

  • Houston COA Affirms Order Denying Arbitration Where Moving Party Failed to Establish a Valid Arbitral Agreement Existed

    Beth Graham
    18 Dec 2014 | 4:28 pm
    Texas’ Fourteenth Court of Appeals in Houston has affirmed a probate court’s order denying arbitration.  In the case, In the Estate of Rosa Elvia Guerrero, No. 14–13–00580–CV (Tex. App. – 14th, September 4, 2014), a woman, Guerrero, agreed to purchase a used sport utility vehicle from a Chevrolet dealership, Champion.   As part of the agreement, the woman signed a retail installment sales contract, a security agreement, a buyer’s order, and an arbitration agreement.  Neither the sales contract nor the security agreement contained a separate alternative dispute resolution…
  • Non-Judicial Means of Collective Redress in Europe

    Beth Graham
    15 Dec 2014 | 6:30 am
    S.I. Strong, Associate Professor at the University of Missouri School of Law, has published a book chapter entitled  Non-Judicial Means of Collective Redress in Europe in Collective Redress in Europe (Oxford University Press, anticipated 2015); University of Missouri School of Law Legal Studies Research Paper No. 2014-29.  In her book chapter, Professor Strong analyzes large-scale arbitration and other non-judicial avenues for collective redress in Europe. Here is the abstract: For decades, European nations resisted the notion of collective redress due to widespread hostility to U.S.-style…
  • Fifth Circuit Dismisses Appeal Over Arbitration Order Due to Lack of Jurisdiction

    Beth Graham
    10 Dec 2014 | 6:07 am
    In Southwestern Elec. Power Co. v. Certain Underwriters at Lloyds of London, No. 13-31130 (5th Cir., November 24, 2014), a public power company operating in Texas, Louisiana, and Arkansas, SWEPCO, purchased insurance coverage from United Kingdom-based Certain Underwriters at Lloyds of London (“Underwriters”) related to the construction of a Louisiana power plant.  The parties’ insurance contract contained an arbitration clause.  After a dispute arose between the two companies, SWEPCO filed a lawsuit against the Underwriters in state court.  In response, the Underwriters removed the…
  • Special Masters: How to Make the Best of Both Worlds, Part III

    Merril Hirsh, James M. Rhodes, and Karl Bayer
    10 Dec 2014 | 5:26 am
    Part Three: What Incentives Are We Creating? By: Merril Hirsh, James M. Rhodes and Karl Bayer In Part Two we urged that, while rule changes can be of some help in getting parties in litigation to a fair and efficient resolution, they are not a complete solution. Our concern is that fundamentally, changing rules changes how the game is played, not the fact that it is a game. We said we need a change that changes the incentive to play itself and suggested that special masters can change these incentives. OK, money where your mouth is time: how? Let’s start by looking at what the incentives…
  • Fifth Circuit Refuses to Compel Non-Signatory to Arbitration in Texas Negligence Case

    Beth Graham
    9 Dec 2014 | 12:43 pm
    The United States Court of Appeals for the Fifth Circuit has refused to enforce a mandatory arbitration provision that was included in a sales agreement against the spouse of a customer.  In Joy Zinante v. Drive Electric, L.L.C., No. 14-20072 (5th Cir. 2014), a Texas couple’s home was unfortunately damaged in a fire that was apparently caused by a defective electric golf cart.  After the wife filed a lawsuit against the distributor of the golf cart, Drive Electric, in a Texas court, the company removed the case to federal court.  Drive Electric then filed a motion to compel the dispute…
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    South Florida Lawyers

  • Weed-Whacker Report

    21 Dec 2014 | 6:30 am
    There have been a few significant developments with marijuana laws recently. The Department of Justice outlined new policies to allow the sale and cultivation of marijuana on Native American lands.Cromnibus moved to block outright marijuana legalization in Washington D.C.Cromnibus provided broad protections to states that legalize medical and recreational marijuana. Nebraska and Oklahoma sue Colorado over marijuana legalization.Hey Nebraska and Oklahoma Republicans, whatever happened to state's rights?Meanwhile my soon to be legally married husband and I wish you all a very…
  • VICTORY: Stay Denied!

    19 Dec 2014 | 6:08 pm
    Same-sex marriages will commence in Florida January 6th!The U.S. Supreme Court Friday evening denied Florida Attorney General Pam Bondi’s request to Justice Clarence Thomas that he extend a stay in the federal case of eight gay and lesbian couples. “The application for stay presented to Justice Thomas and by him referred to the Court is denied,” the Supreme Court announced Friday night. “The Supreme Court ruled 7-2 in favor of allowing the injunction to go into effect after Jan. 5,” said attorney Stephen F. Rosenthal of Miami law firm Podhurst Orseck, who is working with…
  • Does This Seem Like a Good Thing for Lawyers to Do?

    South Florida Lawyers
    19 Dec 2014 | 7:17 am
    Judge Ungaro will be deciding this incendiary motion alleging serious misconduct by defendant's counsel in a suit over self-storage insurance policies: Public Storage’s counsel solicited putative class members, with interests adverse to Public Storage, to forfeit their rights and assist Public Storage’s defense.1 To do so, Public Storage and its counsel committed a number of ethical violations, including undertaking conflicted representations, providing a financial inducement to at least one witness who provided favorable testimony, and violations of the duty of candor.Through that…
  • That Holiday Cruise Could Kill You! (Season's Greetings from Spencer Aronfeld)

    South Florida Lawyers
    18 Dec 2014 | 7:49 am
  • Who Loves You Lawyers?

    17 Dec 2014 | 3:41 pm
    Florida just got it's very first gay divorce!On the same day Pam Bondi's emergency request filing to Justice Clarence Thomas was accepted, effectively putting same-sex marriage on hold, a Broward County judge has granted a same-sex couple a divorce. On Wednesday, Broward County Circuit Court Judge Dale Cohen granted Heather Brassner a divorce from her estranged domestic partner, Megan Lade. Cohen had recently ruled -- twice -- that Florida's same-sex marriage ban is unconstitutional and that out-of-state gay marriages should be recognized. Brassner and Lade were joined in a civil…
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    eLessons Learned

  • Proportionality Applies to International Trade Disputes As Well

    3 Dec 2014 | 6:00 am
    In Timken Co. v. U.S., the plaintiff (“Timken” or “Plaintiff”) challenged the decision of the Department of Commerce, International Trade Administration (“Commerce”), denying Plaintiff access to computer tapes submitted by defendant-intervenors (the “Defendant”) in a complex trade case.  Timken sought the tapes notwithstanding that it had received the very same information in paper form. Plaintiff [...]
  • Throwback to 1986: Court of International Trade Gets Discovery Rules Right

    1 Dec 2014 | 10:32 am
    It seems that courts were ruling on the intersection of new technology and discovery practice back in the day. In 1986, the United States Court of International Trade decided motions to compel discovery regarding new technologies in Daewoo Electronics Co., Ltd. v. U.S. The court even noted that “[t]his controversy is a good example of how [...]
  • Mutual Motions to Compel

    28 Nov 2014 | 6:00 am
    “Although not unlimited, relevance, for purposes of discovery, is an extremely broad concept.” See Condit v. Dunne, 225 F.R.D. 100, 105 (S.D.N.Y. 2004). The discovery process is essentially a fact-finding mission. In theory, opposing parties are supposed to work together to make the litigation process more efficient. When both sides refuse to comply, additional motions [...]
  • Can a Court Sanction a Pro Se Party for Deleting Evidence? The Third Circuit Will, So Do Not Delete Your Data!

    26 Nov 2014 | 6:00 am
    Whenever sanctions are involved, you can expect to see questionable behavior from one or more parties.  In this particular case, a pro se litigant tried to be cute and the court called him out for it.  The Appellant here used to own a company which provided consulting services to the Appellee.  Since the company became [...]
  • Discretion Will Not Be In Your Favor If You Give the U.S. Department of Commerce Unverifiable Financial Records

    21 Nov 2014 | 6:00 am
    On October 7, 1992, the United States Department of Commerce created an antidumping on extruded rubber thread in Malaysia.  The intent of antidumping orders is to discourage the “dumping” of foreign goods into the U.S. for substantially lower prices.  The Department of Commerce sought financial records from international companies involved in the importing and exporting [...]
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    Compliance Building

  • Weekend Reading: Boys in the Boat

    Doug Cornelius
    20 Dec 2014 | 6:00 am
    Do you hate Hitler? Do you like sports? Then Boys in the Boat is a book to add to your “To Read” list. In the middle of the Great Depression, Joe Rantz is a farmboy from the Pacific Northwest who was literally abandoned as a child and rarely had two pennies to rub together. He scrapes together the money to attend the University of Washington during the Great Depression. At school he joins a pack of strong, young men looking to make it onto the crew team. It’s not going to be a surprise, but Joe makes the team. That’s just the first step. His crew needs to beat their…
  • Happy Holidays From Compliance Building

    Doug Cornelius
    16 Dec 2014 | 3:00 pm
      I hope you have a happy and joyous holiday season. Whether it be Christmas, Hanukkah, Kwanza, Festivus, Feast of Winter Veil, Saturnalia, or New Year’s Eve, I hope you get to spend some extra time with friends and family. I will be trying to spend some extra time with my friends and family so there will likely be no published stories until January. Doug
  • Train Fares, Integrity, and Financial Services

    Doug Cornelius
    16 Dec 2014 | 6:07 am
    On Monday Britain’s financial regulator banned a senior financial services professional from the industry for life. His transgression was the failure to pay his train fare. BlackRock director Jonathan Paul Burrows was caught by inspectors at Cannon Street station last year. Mr Burrows has admitted that, on a number of occasions, he deliberately and knowingly failed to purchase a valid ticket to cover his entire journey whilst traveling on he Southeastern train service between Stonegate Railway Station, East Sussex, and Cannon Street Station, London. Based on Mr Burrows’ admission,…
  • Real Estate Crowdfunding

    Doug Cornelius
    15 Dec 2014 | 7:04 am
    Real estate investing has a long history of crowdfunding. Prior to the 1986 changes to the tax code, there was a large syndication business for getting investors into real estate. Although the investment was usually more for the tax breaks involved instead of income and capital appreciation. With the surge of product crowdfunding through sites like Kickstarter, the regulatory changes for equity crowdfunding from the SEC, and state-level implementation of crowdfunding, investors and sponsors are once again looking to crowdfunding for real estate. Currently, it’s largely limited to…
  • Compliance Bricks and Mortar for December 12

    Doug Cornelius
    12 Dec 2014 | 5:00 am
    These are some of the compliance-related stories that recently caught my attention. Mark Cuban vs. The SEC in The only way to reform what ails the Securities and Exchange Commission is to “burn it down and start again,” says Mark Cuban, billionaire entrepreneur, host of the television show “Shark Tank,” and the owner of the Dallas Mavericks. Corruption Allegations Lead to Securities Lawsuits by Kevin LaCroix in The D&O Diary I was on a panel at a law firm event last week during which I was asked to make some predictions for 2015. Among other things, I…
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    Simmons Firm

  • Get to Know the Simmons Hanly Conroy Shareholders - Part 2

    Simmons Hanly Conroy
    17 Dec 2014 | 6:31 am
    In October, we introduced ten members of the Simmons Hanly Conroy leadership team. Now it’s time to introduce ten more. By getting to know our shareholders, you can see for yourself the dedication, selflessness and compassion our lawyers have for every person they represent. Mitchell Breit As a shareholder of Simmons Hanly Conroy, Mitchell brings more than thirty five years of experience in the legal industry. He focuses his practice primarily on consumer class actions and mass torts of national scope, as well as defective medical and pharmaceutical products. Specifically, Mitchell was…
  • Holiday Storage in Attics and Asbestos Exposure: What to Know

    Perry J. Browder
    12 Dec 2014 | 6:04 am
    It’s that time of year – people are heading upstairs to the attic or other storage space to fumble through their holiday décor and wrapping essentials. They’re pulling out boxes, shifting large items and possibly disturbing asbestos. This is especially probable if your home was built before 1990, when asbestos insulation was common. From 1919 to 1990, a mine near Libby, Montana, was the source of over 70 percent of all vermiculite sold in the United States. The insulation, which was often used in attic floors and walls, was usually sold under the brand name Zonolite. In older attics…
  • Famous Mesothelioma Deaths: Steve McQueen

    Michael J. Angelides
    8 Dec 2014 | 9:36 am
    McQueen’s History of Asbestos Exposure Steve McQueen was the top paid actor in 1974. He was also a father and a husband with great love for his family. Best known for his acting in movies such as The Magnificent Seven, The Great Escape, and Sand Pebbles, he also identified as a race car driver. Almost 34 years after his death on Nov. 7, 1980, cases of mesothelioma still run rampant. Steve was exposed to asbestos all throughout his life—construction sites, sound stages, the lining of race car breaks, and so on. His most potent exposure to asbestos, though, occurred in his time with the…
  • Asbestos and Mesothelioma News Wrap Up: November 2014

    Amy E. Garrett
    29 Nov 2014 | 9:13 am
    Here at Simmons Hanly Conroy, our asbestos attorneys want to keep you up to date on the latest asbestos and mesothelioma news. Below is a list of some of the most recent news stories covering asbestos exposure, mesothelioma research and other news from across the globe. • Genetically modified cells learn to fight mesothelioma Researchers can genetically reengineer the human immune system to recognize cancer cells and attack them. This new treatment is showing promise in fighting tumors in cancers like mesothelioma. • Two companies fined $380,000 over asbestos exposure Two companies…
  • 6 Grain Industry Businesses Impacted by Viptera® Corn

    Simmons Hanly Conroy
    24 Nov 2014 | 1:23 pm
    Sales of Syngenta’s Agrisure Viptera® corn prior to approval for import by China has damaged the U.S. corn industry. The National Grain and Feed Association (NGFA) has estimated that the U.S. corn and DDGS sector has seen a $2.9 billion loss so far. This number is posed to increase to $3.4 billion in the coming year. Many businesses that contribute to grain exportation have been affected by this significant loss. These six grain industry businesses have been impacted by Syngenta Viptera® and Duracade™ Corn: Corn Transportation Companies Grain Elevator Facilities Grain Traders/Brokers…
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    Texas Wills and Trusts Law Online

  • Do I Need an Attorney to Probate a Will in Texas?

    Rania Combs
    17 Dec 2014 | 7:00 am
    I get phone calls and emails each week from Texans who have lost friends and family members. Often, they have been named as independent executors and need information about probating a Will. The first question they ask is whether it will be necessary to retain an attorney to go through the probate process. In most cases, the answer is: “Yes.” Most courts in Texas require an executor to be represented by an attorney in a probate matter because an executor not only represents himself, but also the interests of beneficiaries and creditors. Since under Texas law, only a licensed…
  • The Obituary of the Amazing Spider-Man

    Rania Combs
    5 Dec 2014 | 11:00 am
    Most obituaries are sterile. They provide basic information about the deceased person’s birth, death, and those they left behind, but are short on capturing the personality of the person who has died. Aaron Joseph Purmort’s obituary was different. It was published in the Minneapolis Star Tribune, read as follows (I’ve emphasized some of my favorite parts in italics and bold): Purmort, Aaron Joseph age 35, died peacefully at home on November 25 after complications from a radioactive spider bite that led to years of crime-fighting and a years-long battle with a nefarious criminal…
  • How To Support Someone Who’s Grieving During The Holidays

    Rania Combs
    26 Nov 2014 | 5:00 am
    A friend of mine who volunteers for hospice wondered out loud a couple of weeks ago: “Why is it that more people die around the holidays?” “Really?”  I asked. “Is there actually data to support that?” Turns out, there is. A group of sociologists analyzed death certificates between 1979 and 2004 and determined that deaths do actually increase around Thanksgiving, Christmas and New Year. The holidays are a time where we are all expected to be thankful, joyful and celebrating. Yet for so many, including the family of a friend who died last week, the holidays can also a time of…
  • A Life Cut Short

    Rania Combs
    21 Nov 2014 | 8:30 am
    A friend of mine died this week. She wasn’t a close friend, but we had been members of the same group for many years, and saw each other at meetings and various social gatherings. Although we hadn’t spoken since my family moved to another city, we kept in contact through Facebook. My friend was a kind and generous person who loved her family very much. Her death was unexpected because she had not been ill. She had been on a weekend getaway with her husband of twenty-four years, and collapsed suddenly due to a massive stroke. She was taken off life support this week. She was just 46…
  • What is a Residuary Clause?

    Rania Combs
    10 Nov 2014 | 6:30 am
    I recently worked with a couple that wanted to make sure that all their wordly possessions passed to the surviving spouse upon their death, and then to their children when both of them died. Rather than listing out every specific asset they owned, I used a residuary clause to accomplish their goals. They became alarmed when they read their Wills because they were concerned that an item not specifically identified would not pass according to their wishes. What is a Specific Gift? It is possible to make a specific gift in a Will. A specific gift identifies a particular item and the individual,…
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  • The long winter of Russia’s economic failure

    Dave Wieneke
    21 Dec 2014 | 4:28 am
    This week Winter came to Russia. I can’t predict the future of the Russian economy, or what happens when people bereft of buying power turn on a Kleptocracy helmed by a KGB strongman. The brutality of a long winter, and the Malthusian tumult it could bring is something not calculable in advance. The decline of Russian businessThe headline that resounded in digital business circles was that several US companies, in this case Google, now have higher market values than the entirely of the Russian stock market. This factoid sits on top of an amazing moment in global economics which holds…
  • Global forces drive digital business and Amazon readies to join the travel biz

    Dave Wieneke
    23 Nov 2014 | 9:04 am
    Amazon will enter the travel business. Want to know what companies are up to? Keep an eye on their trademark filings and their hiring. This posting confirms that Amazon “the everything store” is about to add hotel listings to its inventory. Judging from Amazon’s job postings, they stand-up curated travel offerings starting with Boston, New York, San Francisco, LA and Dallas. Last month Amazon singed a lease to take over a full twelve story building in Manhattan, providing 470,000 square feet, at 7 West 34th Street. Yep, they’ll be just across the street from the Empire…
  • Amazing times for Amazon, Alibaba, Hasbro — plus robot legs as a growth industry

    Dave Wieneke
    15 Nov 2014 | 5:15 am
    Ecommerce’s Unexpectedly Awesome WeekAmazon’s settlement with Hachette and news of increasing consumer spending has rallied Amazon’s value 4.7% today. That extends an amazing growth in the firms value of 17% in the last two weeks. This week’s re:Invent gathering of Amazon Web Services customers showing the kind of growth some have called “the fastest growing company in history.” In an age defined by “big data” Amazon is adding a million customers a month with a sustained 40% annual growth rate. AWS is a serious challenge to VMware and potentially enterprise…
  • 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…
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    A Connecticut Law Blog

  • Sandy Hook Families To Sue Gunmaker

    Ryan McKeen
    13 Dec 2014 | 3:35 pm
    The Guardian is reporting that families of the victims of the shootings at Sandy Hook Elementary School are planning to sue Remington Outdoor Company – the makers of the Bushmaster Rifle used in the shootings. According to the Guardian, the families have the powerhouse Connecticut firm of Koskoff, Koskoff, and Bieder. From time to time, the possibility of litigation arising from the Sandy Hook shootings has been discussed in the Connecticut plaintiff’s bar. Most everyone, that I’ve read or heard, thought such an action was a long shot. Gun manufacturers have significant…
  • Google Chrome Now Working With CT Judicial Branch Website

    Ryan McKeen
    7 Dec 2014 | 4:25 pm
    For the past two and a half years, I’ve had great difficulty using Google Chrome on the Connecticut Judicial Branch website. Last week, Chrome for Mac received a major update. It went from 32 bit to 64 bit. This evening I used Chrome on the Judicial Branch website to both view and efile pleadings. Everything worked as it should. If you’re a Chrome user, make sure you update to the most recent version of the browser and try your hand using the the Connecticut Judicial Branch website. Things should now work smoothly for you (or at least as smoothly as the work on other browsers). No…
  • Krisch Launches “Holding Court” Blog

    Ryan McKeen
    7 Dec 2014 | 8:59 am
    Connecticut Appellate lawyer, Dan Krisch recently launched “Holding Court”.  I’ve long been a fan of Krisch’s musings as a columnist for the Connecticut Law Tribune.  Krisch’s commentary is frequently timely and always thoughtful. Dan’s writing style is well suited to the blogging format. I’m excited to read what he has to write.
  • Parking At New Britain Superior Court….

    Ryan McKeen
    23 Nov 2014 | 6:28 pm
    ….is about to get better. New Britain Superior Court has a nice garage located very close to the court. Making it one of the more convenient Connecticut courts to park at. The only problem s the garage only accepts cash or checks. The garage is owned by the City of New Britain. Last week, I sent the following Facebook Message to New Britain Mayor Erin Sterwart: Dear Mayor Stewart, I am impressed with your initiatives in New Britain. I am not a resident of New Britain, however, I am an attorney who travels frequently to court in your city. There is a problem with your parking garage…
  • Fitness Trackers Can And Will Be Used Against You In Court

    Ryan McKeen
    19 Nov 2014 | 7:17 am
    “We’re constantly adding more shelf space. Consumers have many options right now. So many that it’s confusing. We’re going to sell a lot of these for Christmas” said the helpful Best Buy employee to me. He’s right there really are a lot of fitness wearables on the market ranging from cutting edge to fairly low tech. The Moto 360 isn’t a fitness wearable. Though it tracks steps and heart rate. We are witnessing Act 1 of the wearable revolution. What happens outside of the courtroom eventually finds its way into a courtroom.  Newton’s 28th law of…
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    Legally India - News for Lawyers

  • Productive Lok Sabha tables GST, passed 4 bills incl Motor Vehicles & Companies this week

    19 Dec 2014 | 6:33 am
    The Constitution (122nd) Amendment Bill, 2014 which introduces the goods and services tax was introduced in Lok Sabha today. The Bill was not listed in the original list of business for the day but was added through a supplementary notice. Several MPs protested the introduction of the Bill on such a short notice, but the motion to introduce the Bill was adopted. The text of the Bill can be found here. As per the Statement of Objects and Reasons of the Bill, the goods and services tax shall replace a number of indirect taxes being levied be the Union and the State governments and is intended…
  • Khaitan, Vaish on $60m Shree Cement acquisition of Jaypee

    19 Dec 2014 | 4:34 am
    Khaitan & Co advised Shree Cement in its $58.4m acquisition of Jaiprakash Associates’ Jaypee Grinding Unit. Jaiprakash was advised by Vaish Associates. Khaitan Delhi competition partner Manas Kumar Chaudhuri and principal associate Trivikram Khaitan acted for Shree. Vaish Delhi partner Martand Singh acted for Jaiprakash. The acquisition was given the competition commission’s nod in November, reported moneycontrol.
  • Jindal law school maiden batch scores 12 Big Six jobs: Ahead of NLIU, NLU-J in LI Recruitment ‘Power’ Ranking

    19 Dec 2014 | 4:33 am
    Jindal Global Law School’s debut 5-year-LLB class secured 57 jobs for its 83 graduates this year, including 12 Big Six law firm jobs.
  • AIBE VIII to be held on 15 March 2015

    19 Dec 2014 | 4:25 am
    The All Indian Bar Examination (AIBE VIII) will be held on the 15 March 2015, reported Bar & Benchquoting BCI chairman Manan Kumar Mishra. Candidates will be able to apply online from tomorrow. AIBE VII was held on 7 September and its results were declared in November.
  • CLAT ditches controversial plan for Hindi law school admissions test: Date set for 10 May, brochure tomorrow

    19 Dec 2014 | 4:17 am
    The Common Law Admission Test (CLAT) 2015, scheduled to be held on 10 May, will not be held in Hindi but will be conducted on a computer. CLAT 2015 convenor RMLNLU Lucknow, under whose leadership the CLAT core committee has done away with the pen-and-paper version of the entrance exam, had also controversially proposed that the question paper carry Hindi translations of originally English-worded questions. RMLNLU vice chancellor Gurdip Singh told Legally India that the core committee has rejected this proposal and there would be no regional language translation of any questions in the CLAT…
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    Associate's Mind

  • The Walking Dead: ABA 509 Matriculant Data On All Unranked Schools

    Keith Lee
    19 Dec 2014 | 9:15 am
    Yesterday over at Above The Law, Elie took a look at some of the 509 data I’ve been reporting on these past few days. You know who is doing just fine in the current low-application environment? YALE! Yale is the freaking OG of being Yale. Their business is good. Other top schools who can credibly call themselves Yale-like are also doing just fine. Duke, Stanford, the state-school mafia of Michigan/Berkeley/UVA, they’re not feeling the hurt. Later on he notes: Lee’s graphs, (see them all here) only go through the top 150 schools. I did a chart that looks at the enrollment situation…
  • There Will Be Blood: ABA 509 Matriculant Data On All Ranked Schools

    Keith Lee
    17 Dec 2014 | 12:05 pm
    So the ABA is finally getting around to talking about the massive drops in enrollment. Yay! Now for some charts. First, all the schools listed by rank. (Edit: Professor Caron noticed that I had mislabeled Pepperdine red in the below chart, now fixed.) Click for huge version. Next, all the schools but ordered by percentage change: Click for huge version. Assorted Information 98 of 146 ranked law schools have had double-digit matriculant percentage drops since 2011. 126 ranked law schools have had matriculants decline since 2011. 18 schools increased in matriculants. 2 remained even. The…
  • ABA Matriculant Data: Schools 51-100

    Keith Lee
    16 Dec 2014 | 8:29 am
    Here is the matriculant data for the next 50 schools. On a side note, I saw at the Tax Prof blog that the Dean of UNLV’s law school recently said, This is the best time to apply and go to law school in a generation, Considering that UNLV’s matriculants are down 20% since 2011, maybe the law students don’t agree with him. Click for huge version.
  • ABA 509 Matriculant Data: Top 50 Schools

    Keith Lee
    15 Dec 2014 | 8:17 am
    Last week I pulled out all of the data from the ABA’s 509 Informational Reports on the top ten and bottom ten ranked schools. Thigns didn’t look good. In the interest of really getting an idea of how law schools are faring, I’m going to pull only the matriculant data for every school. In the below table, you can see the matriculant data for the top 50 schools according to USN&WR. I’ll keep posting 50 a day until I’m done then I’ll post some thoughts. Click for large version.
  • Dumpster Diving Into the ABA’s 509 Information Reports (Statistics + Graphs)

    Keith Lee
    11 Dec 2014 | 2:50 pm
    So I noticed on the TaxProf Blog that the newest crop of ABA 509 Information Reports on accredited law schools came out recently. It’s good that the ABA has begun to release this data. It can help students look at trends at schools over time. Unfortunately, there are only reports from 2011 to date available. Whenever some official body like the ABA or the LSAC dumps of numbers, I like to dig around for a bit and see what I can find. For the past couple of years I’ve done it with LSAC data that indicated that top university students are avoiding law schools, and schools where there…
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    New York Personal Injury Law Blog

  • Dr. Katz Defamation Case Against Me Gets Chucked

    Eric Turkewitz
    10 Dec 2014 | 11:37 am
    Justice Hart’s opinion of Dr. Michael Katz Ahh, the sweet smell of victory. Not that I ever doubted it. But it is nice to see this over so quickly. So. You remember that idiotic defamation case against me by New York orthopedist Michael Katz? He was the one that was called a liar by Justice Duane Hart over and over and over and over and over again. The one that dealt with his testimony during a medical-legal exam, where he said it was likely 10-20 minutes long but a surreptitiously made video showed that the actual examination part was only one minute and 56 seconds? Yeah, that Dr.
  • Being a Witness Isn’t Easy (My Turn To Be One)

    Eric Turkewitz
    8 Dec 2014 | 4:01 am
    I’m going to start this piece in New Rochelle where I recently saw a pedestrian knockdown. I’ll end at the University of Virginia discussing a now (in)famous rape story reported by Rolling Stone. I hope to make it there in one piece. On Friday night I became a witness. It was dark. It was raining. The pedestrian who came into contact with the vehicle in front of me was wearing dark clothes and wasn’t in a marked crosswalk. You can see him here lying in the roadway in this photo I took a few minutes afterward as we waiting for the police. The two people standing on either…
  • “& Associates” as an Ethical Violation Gets a Courtroom Visit

    Eric Turkewitz
    3 Dec 2014 | 4:26 am
    Five years ago, when Sonia Sotomayor came before the Senate Judiciary Committee for confirmation, she released a questionnaire that gave her legal history, and she revealed that she once had a firm called “Sotomayor & Associates.” The problem? There were no associates. Oops. I wrote the piece up within a few hours of the document’s release, describing it as a one of the less serious pieces of misleading advertising that take place, but a violation nonetheless. And there the post sat for a couple weeks until the Washington Times picked it up in an editorial. And then the…
  • Is Any Lawyer Advertising Good?

    Eric Turkewitz
    24 Nov 2014 | 3:00 am
    I’m not a fan of lawyer advertising. Likely because so much is dreadful  (though not all). Or ethically challenged. But when The Fishtown Lawyers, Leo Mulvihill and Jordan Rushie, were contacted by the Philadelphia Eagles about advertising during their games, I think they missed the boat by saying “no” too quickly. Maybe going over the top is OK — no, not with a flaming sledge hammer of justice.  Maybe you just have to go over the top the right way. So I’ve taken the liberty of writing ad copy for their criminal defense firm…you guys can thank me later:…
  • Ebola and the Failure of Lawyering (Updated)

    Eric Turkewitz
    27 Oct 2014 | 4:08 am
    A member of Doctors Without Borders dons protective gear at the isolation ward of the Donka Hospital in Conakry, Guinea, where people infected with the Ebola virus are being treated. (Photo: Cello Binani/AFP/Getty Images) Gov. Chris Christie was the US Attorney for New Jersey. Gov. Andrew Cuomo was the Attorney General for New York. You’d think that, with those credentials, they’d be smarter. Each of them knows that a long view must be taken with respect to many, many issues, often with extensive evaluation of complex issues.  It took them years, sometimes, to accomplish things…
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    The Probate Lawyer Blog: Famous Fortune Fights!

  • Joan Rivers' Estate Planning Was No Laughing Matter

    Danielle & Andy
    17 Dec 2014 | 12:40 pm
    Joan Rivers was widely respected for her sense of humor, work ethic, and willingness to say almost anything for a laugh.  When it came to planning her estate, however, the late comedienne and host of Fashion Police treated the matter very seriously.  Joan Rivers' last will and testament was signed on November 16, 2011.  A thorough and well-drafted legal document, her will named a living trust as her beneficiary. Specifically, Joan Rivers, whose full legal name was Joan R. Rosenberg, signed the Rosenberg Family Trust on the same day as the will.  The will directed that all of her estate…
  • Top 10 Celebrity Stories To Spark Holiday Estate Planning Conversations

    Danielle & Andy
    10 Dec 2014 | 9:29 am
    Sure the holidays are a fun time for families to sit around talking about what happened on the latest episode of The Walking Dead or how granddaughter Mary is doing in dance class.  But they are also a great time to have the important -- yet often difficult -- conversations about estate planning.  What happens when Mom dies?  Does anyone know where Dad kept his will?  Did they ever transfer the investment accounts into their revocable living trust like they were supposed to?   Many families don't ask these tough questions ... especially when dynamics are strained, like in many…
  • Mick Jagger Can't Get No Satisfaction; Ugly Lawsuit Settles

    Danielle & Andy
    25 Nov 2014 | 12:04 pm
    It's rough being Mick Jagger sometimes.  Even as the front man for the famed Rolling Stones, he Can't Always Get What he Wants.  But when he tries, at least sometimes, he  just might find ... that he gets what he needs.  These days, what Sir Mick (as he is known officially in England) truly needs is some peace and quiet ... and a little privacy.  Is it too much to ask to Get Off of his Cloud?  Sir Mick took a beating in the media last week when a lawsuit that he had hoped to keep quiet became very public.  That is what often happens with lawsuits involving those in the public eye,…
  • Melissa Rivers Seeks Answers As To Why Joan Rivers Died

    Danielle & Andy
    5 Nov 2014 | 9:06 am
    Even though she was 81 years old when she died on September 4th, there is no denying that Joan Rivers died too soon. She continued to entertain with an energy level that suggested she was anything but eighty-something. Melissa Rivers has now hired a law firm to find out exactly why Joan died … and who, if anyone, should be held responsible.  Representatives for Melissa Rivers told E! News and others that she retained a New York law firm to “fully determine all of the facts and circumstances surrounding the death of Joan Rivers.” Other reports state that the law firm is sending letters…
  • Using Celebrity Stories Is A Great Way To Bring Up Estate Planning

    Danielle & Andy
    29 Oct 2014 | 11:01 am recently featured an interesting article about the benefits that families gain by having the estate planning conversation early.  Not only does it improve family relationships, it helps sets the stage and prepares family members for facing the difficult issues caused by a loved one who ages or passes away.    The article noted how a UBS Wealth Management study recently found that only 43% of affluent Americans felt that having this conversation with their heirs was a pressing issue.  That’s surprising because experts predict that between now and the year 2050, the…
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    Planning Notes

  • 2014 Tax Extender Bill Passed By Congress

    17 Dec 2014 | 8:38 am
    Kelly Phillips Erb, writing for Forbes: With just over two weeks left in the 2014 calendar year, the Senate finally made up its mind about the tax extenders bill. The bill, which extends the life of a number of tax breaks through 2014, passed the Senate 76 to 16. Only 60 votes were needed for approval. The bill, however, is only effective for the year 2104 — it retroactively extends provisions that expired at the begining of this year — but does not extend the provisions for the year 2015. Some of the provisions that were extended retroactively include higher Section 179 expense…
  • What Is A Business Plan?

    20 Nov 2014 | 9:56 am
    Although a proper legal structure is very important for a startup business, there are many other considerations that are very likely much more important if the business is to be successful. In particular, developing a business plan is often very important, even for those businesses that do not intend to raise outside capital. Though the term business plan is quite general and can have a myriad of different meanings, the term business plan often refers to a document that contains the following seven (7) sections, or some derivatives thereof: Executive Summary Company Description Market…
  • Business Structures: The Facts & Figures

    5 Nov 2014 | 8:11 am
    Although there a lots of very important questions that a business owner, or owners, must ask when starting a business, perhaps of one of the most important is: How should I legally structure my business? In general, there are three principal considerations when choosing a business structure: (1) liability, (2) management, and (3) taxation. Unfortunately, the laws that affect some of these considerations – in particular, liability and management – vary significantly from state to state and are not uniform across the country. As a result, the information that follows regarding…
  • 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…
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    Law and Daily Life

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

    Daniel Taylor, Esq.
    21 Dec 2014 | 8:47 am
    Slowly but surely, our weekly series Legalese From A to Z has been working its way through the alphabet, one letter at a time. Legalese is the name given to the specialized language used by lawyers and judges, found within statutes and other legal documents. It's not necessarily its own language, but it can seem pretty foreign to those outside the legal world. Each week, we pick a letter of the alphabet and take a closer look at five important, noteworthy, or particularly interesting bits of legalese. This week, we take a closer look at five legal terms beginning with the letter "V":…
  • 10 Laws You Should Know If You're in Arizona

    Daniel Taylor, Esq.
    20 Dec 2014 | 11:14 am
    Arizona was the last of the 48 contiguous states to join the union (in 1912) and, at least in that sense, represents one of the final vestiges of the infamous "Wild West." And even though the gunfight at the OK Corral -- located in Tombstone, Arizona -- occurred more than 130 years ago, there is still a touch of the Wild West to be found in Arizona's state laws. Whether you're heading to Arizona to watch a little Major League Baseball spring training or residing permanently in the Grand Canyon state, there are some laws you should be familiar with. Here are 10 laws you should know if you're…
  • Fla. Judge Grants Same-Sex Divorce, Invalidates State Law

    Brett Snider, Esq.
    19 Dec 2014 | 8:18 am
    A Florida judge granted Florida's first same-sex divorce on Wednesday, simultaneously striking down the state's refusal to recognize out-of-state gay marriages. Heather Brassner and Megan Lade were joined in a Vermont civil union in 2002, but Brassner has tried unsuccessfully to untie the knot in Florida for the last five years. The Associated Press reports that Circuit Judge Dale Cohen dissolved Brassner and Lade's union after recognizing their marriage as legal, which required declaring that "out-of-state marriages should be recognized in Florida." How does this gay divorce decision square…
  • Can U.S. Passport Holders Travel to Cuba Now?

    Brett Snider, Esq.
    18 Dec 2014 | 9:44 am
    President Obama announced Wednesday that the United States will resume "full diplomatic relations" with Cuba for the first time in more than 50 years. This historic agreement means that Cuba will now host a U.S. embassy in Havana, and Americans might get a chance at legally purchasing those sought-after Cuban goods (read: cigars). But it might not mean that you can go to Cuba on vacation. So can U.S. passport holders travel to Cuba now? Diplomacy, Yes; Open Borders, Not Quite History buffs will recall that the Cuba trade embargo has been in place since the 1960s, cutting off almost all trade…
  • Most Americans Like Red-Light Cameras: FindLaw Survey

    Daniel Taylor, Esq.
    17 Dec 2014 | 10:25 am
    Most Americans -- 56 percent -- are in favor of red-light cameras being used at intersections, according to a new survey by The survey comes as New Jersey pulls the plug on its red-light cameras (they were turned off overnight, the Asbury Park Press reports); several other states and cities have taken or are considering similar steps. Supporters of the cameras say they are an effective tool for ticketing dangerous drivers. But opponents argue that they are merely money-makers that do little to improve safety. The controversy also extends to the courtroom, where multiple questions…
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    Pennsylvania Physicians' Lawyer

  • Productivity Compensation for New Physicians

    Dennis Hursh
    1 Dec 2014 | 3:33 pm
    Several years ago I did a post on the Physician Prosperity Blog about productivity compensation for new physicians. I think it is still timely. To check it out, click here. I hope you find it useful!
  • The Bottom Line of a Covenant Not to Compete for Physicians

    Dennis Hursh
    25 Oct 2014 | 1:00 pm
    Here’s all you really need to know about the enforceability of covenants not to compete in physician employment agreements. What Lawyers Will Tell You About Covenants Not to Compete in Physician Employment Agreements (Feel free to skip this section.  As noted below, the legality of a covenant not to compete in your physician employment agreement is all but meaningless). Most lawyers will tell you that, depending on state law, covenants not to compete in physician employment agreements are generally enforceable if they are reasonable in time and distance.  In other words, if a court…
  • “Our Standard Physician Employment Contract”

    Dennis Hursh
    22 Sep 2014 | 5:56 pm
    It’s the oldest trick in the book, because it works.  The individual that hands you the impressively typed agreement solemnly swears that this is the employer’s “standard physician employment contract”.  You are led to believe that an act of Congress (or maybe more) is required to change one iota.  If everybody else has signed this exact physician employment agreement, why shouldn’t you? The “Standard Physician Employment Agreement” is a Mythical Creature The reason you shouldn’t sign the “standard physician employment agreement”…
  • Selling Your Medical Practice

    Dennis Hursh
    27 Jun 2014 | 1:01 pm
    The private practice of medicine isn’t for everyone, especially for older physicians who are just tired of the grind of both managing a business (the practice) and practicing medicine.  In this post, I discuss eight things that physicians should be aware of as they enter into negotiations for the potential sale of a medical practice. This post assumes you are selling your medical practice to the hospital, but the same issues will apply if you are selling your practice to another physician. Letters of Intent Can Restrict You in the Sale of Your Medical Practice Letters of intent…
  • Letters of Intent in Physician Contracts

    Dennis Hursh
    26 Jun 2014 | 5:24 pm
    The contracting process for physician employment agreements and medical practice purchase agreements sometimes (but not always) begins with a letter of intent, so this seem like a logical first post for this blog. The Purpose of Letters of Intent in Physician Employment Agreements and Medical Practice Sale Agreements A letter of intent (“LOI”) is simply a very brief summary of the main terms of what the parties assume will be a binding formal contract (either a physician employment agreement or a medical practice sale agreement, or both, as the case may  be). The purpose of an…
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    Personal Injury Blog: The Law Blog from Carrs Solicitors, Bolton, UK

  • Personal Injury Claims - A Health Warning

    1 Dec 2014 | 4:00 pm
    An accident at work is just about the last thing you need. If that did happen I am quite certain you would not want  to be treated as though you had won a prize, attained 'victimhood', or become a commodity for the claims industry, or worse still, a statistic.  I hold on to a stubbornly
  • Why the self-employed shouldn't be excluded

    26 Nov 2014 | 4:00 pm
    A report published by the Office for National Statistics (ONS) in August 2014 showed that 4.6 million people are currently self-employed, which is the equivalent of 15 per cent of the overall workforce. Not only is this the highest percentage since records began in 1971, it's also a two per cent increase
  • What can we take from the latest workplace disease figures?

    23 Nov 2014 | 4:00 pm
    Just like workplace accidents, it's an unfortunate fact of life that a certain number of workplace-derived illnesses will be recorded each year.  Although efforts are being ramped up to reduce the likelihood of people suffering from work-related cancers - a campaign led by the Institution
  • Trends in Falls From Height in the Workplace

    16 Jun 2014 | 4:00 pm
    A number of new case reports have been revealed by the Health and Safety Executive (HSE) that highlight an alarming trend of falls from height in workplaces in recent weeks.   As of last week, out of the eight cases appearing in the HSE press release section for June 2014, seven of them were
  • Are Companies Taking the UK’s Asbestos Laws Seriously?

    4 Jun 2014 | 4:00 pm
    Asbestos was completely banned by the UK government in 1999, yet the potentially life-threatening substance is still causing huge problems some 15 years later. Laws to restrict its use were first introduced in the 1980s, with the importing and use of blue (crocidolite) and brown (amosite)
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    But I do have a law degree...

  • A Last Big FU From My House to Me

    But I Do Have a Law Degree
    18 Dec 2014 | 10:41 am
    Dear House,I have been kind to you.  Sure, I have bitched about you and complained about you and cursed you and your money sucking ways.  But I've cared for you and spruced you up and even wrote a long emotional blog post about you a couple weeks ago.  I think I even shed a tear for you, god dammit. I was sad to move and leave you forever. We only have eight days left together before we depart.  Can't we make them happy ones? Apparently not.  Apparently you are pissed. Because you had to give us one last fuck you, didn't you? You thought eight days before our…
  • 27 Months (Twice Over)

    But I Do Have a Law Degree
    17 Dec 2014 | 9:40 am
    It's an inside joke between my husband and I.  Every time there is a task that we don't want to do - say change a diaper or clean a dirty pan that's been sitting in the sink or be the designated driver - I sing my little jingle. 27 months!That's how long I was pregnant with our three boys.  3 x 9 (full term babies) = 27 months.  Twenty seven months of creating and living for another human being.  Of dealing with nausea and pain and blood draws and hemorrhoids and stretch marks and peeing 5 times a night.  And then somehow ejecting each of the three babies from my…
  • Tis the Season of Giving Uncommon Gifts + A GIVEAWAY

    But I Do Have a Law Degree
    5 Dec 2014 | 7:57 am
    I've been a bit bah humbug with holiday gift giving over the past few years.  For one, I've stopped doing it with certain people altogether.  After several years of basically trading cash via gift cards, my sister and father and I all mutually agreed to stop with the madness!  No more gifts.  Same goes for the hubby - if we want something, we just go to our joint checking account and buy it for ourselves. But then there's always that danger of becoming a huge asshole come holiday time should the person that you have mutually agreed to not give gifts to actually gives you a…
  • Our House

    But I Do Have a Law Degree
    2 Dec 2014 | 6:27 pm
    We bought our house in December of 2007.  We were told, at the time, that it was "a great time to buy."  It was our first house. We didn't love our house when we bought it.  Our price range didn't allow us the luxury to buy the quintessential dream home.  Rather, it was, to be frank, the least disgusting of everything we had seen.  It wasn't huge.  It wasn't updated.  It was one level living.  There was no master bath.  But it was clean, and bright, and in a great neighborhood with a great yard.  And anyway, we figured we would move to a nicer…
  • Eating, Drinking, and Netflixing

    But I Do Have a Law Degree
    25 Nov 2014 | 5:20 pm
    Thanksgiving is my favorite holiday.  It doesn't have the materialism and franticness of Christmas.  Or the food limitingness of Passover.  Or the freaky bunny mascotness of Easter.  Or the guilt illicitness of Rosh Hashanah and Yom Kippur.  Or the fire hazardness of Hanukkah.  Or the almost not holidayness of St. Patrick's Day, Valentines Day, and Flag Day.  Not to knock the aforementioned holidays.  I celebrate them all.  But I have a soft spot for Thanksgiving.  I love the eating.  It took me until my adulthood, but there is really…
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    Profit and Laws

  • Don’t Fetishize the First Amendment – Violent Threats Ought to be Illegal

    2 Dec 2014 | 4:00 pm
    An ex-husband started posting nasty remarks about his wife and his co-workers on Facebook. One of them said, “There’s one way to love ya but a thousand ways to kill ya. I’m not gonna rest until your body is a mess, soaked in blood and dying from all the little cuts.’’ The ex-husband was tried […] The post Don’t Fetishize the First Amendment – Violent Threats Ought to be Illegal appeared first on Profit and Laws.
  • Conservative Justices on the Supreme Court Have Gone Insane

    19 Nov 2014 | 9:02 am
    Everyone is talking about Linda Greenhouse’s column, in which she admits that the conservative justices on the Supreme Court have gone insane. If you don’t have the patience to read it, let me summarize it: The Supreme Court is hearing a new challenge to Obamacare. It’s not that the case is complicated – it’s that […] The post Conservative Justices on the Supreme Court Have Gone Insane appeared first on Profit and Laws.
  • Robin Thicke Has Got to Give It Up

    31 Oct 2014 | 10:57 am
    The first time I heard Blurred Lines, I assumed Robin Thicke had sampled parts of Marvin Gaye’s Got to Give it Up, not just because the feel of the songs is similar, I also heard common elements and grooves. Trouble is, the Gaye family also thought Robin Thicke took some from Got to Give It Up […] The post Robin Thicke Has Got to Give It Up appeared first on Profit and Laws.
  • Behind Private Equity’s Curtain |

    31 Oct 2014 | 9:46 am
    Happy Halloween! The scariest goblin among us? Private Equity. The New York Times says that many Private Equity funds refuse to provide information on their fees and expenses to the people who get charged those fees and expenses, often without their knowledge. First, what is “Private Equity?” “Private Equity” means the companies owned by a […] The post Behind Private Equity’s Curtain | appeared first on 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.
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    Virginia Workplace Law

  • White Collars Tighten: Forecasting Changes to Overtime Qualification Rules

    Mike DeCamps
    1 Dec 2014 | 10:19 am
    On March 13, 2014, President Obama signed a Presidential Memorandum directing the Department of Labor to update the regulations defining which white collar workers are eligible to receive pay for hours worked over 40 hours in a work week.  The proposed rule was originally forecast to be issued in November of 2014, but it is now clear that the earliest this rule is likely to be issued is the First Quarter of 2015.  Once issued, there will be an opportunity for comments to be submitted.  However, based on previous experience, there are not likely to be many changes between the proposed rule…
  • 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…
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    North Carolina Law Life

  • Mingling Employee Smartphone and Company Work Product Can be Dangerous

    Donna Ray Berkelhammer
    17 Dec 2014 | 1:27 pm
    Many people will receive new smartphones as presents this month.  Think carefully as an employer before allowing your employees to mingle work and pleasure on the same phone. Many employees may see added convenience in receiving their work emails on their personal phone and accessing company networks from virtually anywhere.  But “BYOD” (Bring Your Own Device) can be risky as well. Company confidential information may be exchanged or downloaded on an insecure phone.  The device may be lost or stolen without adequate security to protect company information.  Employees may also…
  • How to Keep Your Company Out of the Witness Protection Program

    Donna Ray Berkelhammer
    8 Dec 2014 | 9:58 am
    Is your company in the witness protection program – using a name in the marketplace that is different than your company name (commonly known as an assumed name, fictitious name, doing business as, trading as or d/b/a”)? Some companies file a really boring name with the North Carolina Secretary of State, but use a really exciting name to answer the phone and market.  This may happen with a franchise, where your name at the Secretary of State is GZ #634, LLC, but your marketing is all done under the name and slogan “Glazzle – providing Glamour and Marketing Razzle Dazzle for…
  • Look The Gift Horse In The Mouth (Or If It Seems Too Good To Be True, It Probably Is).

    Donna Ray Berkelhammer
    2 Dec 2014 | 11:18 am
    Today is Giving Tuesday, and if your inbox is anything like mine, it is full of donation requests. I encourage you to support the causes that are near and dear to you. But there also may be others asking for your money — in the role of “investor” rather than “donor”. You may be approached, even by a broker you know, to take advantage of an unregistered security offering (these would be exempted under Rule 504, 505 or 506 of the federal Securities Act and state counterparts). Some of these investments can be offered only to accredited investors who have earned at…
  • Running a Business is an Ongoing Process

    Donna Ray Berkelhammer
    17 Nov 2014 | 9:59 am
    I was reading a bulletin from the FTC, which just closed an investigation on whether certain Verizon data security practices constituted unfair trade practices. The closing letter in part reads: “We continue to emphasize that data security is an ongoing process. As risks, technologies, and circumstances change over time, companies must adjust security practices accordingly. In the past, defaulting consumer routers to WEP may not have been unreasonable, given concerns about compatibility with older computing devices. However, what constitutes reasonable security changes over time as new…
  • What “Magic Language” Should My Contract Have?

    Donna Ray Berkelhammer
    10 Nov 2014 | 7:25 am
    There is very little required by law to make a contract enforceable.  Some types of contracts are required to be in writing, such as anything to do with land, contracts for goods worth $500 or more, and contracts for services that cannot be performed in a year. Otherwise, valid contracts should include the names of the parties, be signed by both parties and have a method for determining the price.  A contract should be specific enough that a third person could determine what the parties agreed to. Beyond that, it is advisable to be as specific as possible so you don’t leave key…
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    New Jersey Debt Attorney - (201) 676-0722

  • I owe a debt and got sued . . . What now?!?!

    24 Nov 2014 | 4:50 am
    Time is money – When you owe a debt and you get sued, a fast timer starts that you can’t afford to ignore. If you want to keep control over your own money, you need to act fast. That means you can’t afford to sit on your hands. Here are the realities: #1: Most credit-card companies don’t sue very quickly. So if you’re being sued, it means you’re in pretty serious financial trouble. Most bad debts don’t stay with the credit-card companies, but are sold off to collection agencies at rock-bottom prices. The collection agency then hounds you to pay up. Since…
  • Taxes and bankruptcy – debunking a myth

    19 Nov 2014 | 4:50 am
    Lots of people think, “bankruptcy can’t help me with my tax debt.” Lumping tax debts in with child support and alimony—which indeed cannot be legally written off, or discharged—is wrong. But taxes and bankruptcy can be confusing, because these are complicated areas of law. The fact is that bankruptcy can discharge taxes of many types and in many situations. Sometimes ALL of a taxpayer’s taxes can be discharged, or most of them. But there ARE significant limitations. Even if you cannot discharge your taxes in bankruptcy, filing a bankruptcy case can still help by: 1. Keeping…
  • “Automatic” Protection from Your Creditors

    17 Nov 2014 | 4:50 am
    Many bankruptcy attorney ads say: “Stop garnishments.” “Stop foreclosures.” “Stop repossessions.” So bankruptcy stops all those bad things. But is it as good as it sounds? How does it really work? The most basic protection that bankruptcy provides is the immediate protection that it gives you, your paycheck, your home, and your possessions. You get this protection the minute a bankruptcy is filed for you. Other than some rare exceptions, all collection efforts by creditors against you or your property must come to an immediate stop. You’ll hear this referred to as the…
  • THE Goal of Bankruptcy: Discharge of Your Debts

    12 Nov 2014 | 4:50 am
    Most, but not all, debts are written off, or “discharged,” in a bankruptcy case. Is there a simple way to know what will and what will not be discharged in a Chapter 7 bankruptcy? No, not really. I can give you a list of the categories of debts that can’t, or might not, be discharged, but some of those categories don’t have clear boundaries, and some depend on whether a creditor is going to challenge the discharge and how a judge might rule. But why can’t it be simple? Here’s what you need to know: 1)  All debts are discharged, EXCEPT for those that fit within an exception. 2)…
  • Are student loans dischargeable in bankruptcy? 2 case studies

    3 Nov 2014 | 4:55 am
    In the past, I have mentioned the difficulty of getting student loans discharged in bankruptcy.  But I have yet to discuss why it is so difficult to get a bankruptcy court to discharge student loans.  In this post, I’ll examine the process through a recent case from Maryland where student loans were actually discharged in a bankruptcy and discuss why that case might be anomalous. In a nutshell, the Bankruptcy Code states that student loans are not dischargeable unless the debtor can show that repayment of the debt will cause an “undue hardship” on the debtor and his or…
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    Law Firm Newswire » Legal News

  • Breach of Contract Lawsuit Filed Over Texas Restaurant License Agreement

    LFN Editor 102KS31
    19 Dec 2014 | 3:00 am
    Austin Oil and Gas Attorney, Gregory D. Jordan Austin, TX (Law Firm Newswire) December 19, 2014 – A Texas restaurant company and its construction arm recently filed a breach of contract lawsuit against a licensee. Domco Inc., which operates El Tiempo restaurants in the Houston area, and MKWW Management Inc., an affiliated construction company, filed the lawsuit against Liquid Gold Hospitality Group LLC and five Liquid Gold managers. Liquid Gold entered into a contract to operate a number of new El Tiempo restaurants, but construction delays prevented the restaurants from opening on…
  • St. Louis Plant Workers At Risk of Amputation, Electrical Injury and More, Says OSHA

    LFN Editor 102KS31
    19 Dec 2014 | 3:00 am
    St. Peters, MO, (Law Firm Newswire) December 19, 2014 – Continental Fabricators, a St. Louis manufacturer, has been cited for more than 15 serious safety violations by the Occupational Safety and Health Administration (OSHA). A fine of $52,000 has been proposed by the government agency. In a news release, OSHA indicated that Continental Fabricators has an injury rate higher than the national average. Prior to the investigation, workers at the plant complained of fractures and other traumatic injuries that occurred while at work. “This company has acted in a careless and reckless…
  • Washington Attorney Thomas L. Dickson Tapped by LexisNexis As Author, Content Editor, Editorial Consultant for 2014 LexisNexis Practice Guide: Washington Real Estate Litigation

    Chris Dreyer
    19 Dec 2014 | 3:00 am
    Mr. Thomas L. DicksonThe Dickson Law Group Tacoma, WA., (Law Firm Newswire) December 19, 2014 – The Dickson Law Group is pleased to announce that founding partner Thomas Dickson has been asked by LexisNexis to serve as author, content editor, and editorial consultant on the publisher’s 2014 Practice Guide regarding Washington State real estate litigation. This request should come as no surprise to the legal community, as Tom has firmly established himself as a leading real estate lawyer within the state with over three decades of relevant experience. Additionally, Tom’s son…
  • BU Researchers Find High Unemployment Rate Among Veterans with TBI, Urge Comprehensive Care

    LFN Editor 102KS31
    19 Dec 2014 | 3:00 am
    Northville, MI (Law Firm Newswire) December 19, 2014 – Researchers at Boston University have published a new study exploring the links between traumatic brain injury (TBI) and unemployment. The researchers found that 45 percent of the 300,000 Iraq and Afghanistan veterans diagnosed with TBI were unemployed. That rate far exceeds both the national unemployment rate and the general unemployment rate among veterans. “This study makes it clear that we need to work harder to ensure that every veteran with TBI gets proper treatment and support,” said Jim Fausone, a veterans disability…
  • California Trust, Estate, and Probate Law Firm Albertson & Davidson, LLP Hires Husband and Wife Attorneys Evan and Heather Côté

    Chris Dreyer
    19 Dec 2014 | 3:00 am
    Evan & Heather CoteAlbertson & Davidson, LLP Redwood City, CA., (Law Firm Newswire) December 19, 2014 – Albertson & Davidson, LLP, a multi-office California law firm that works primarily in Trust, Estate, and Probate law is pleased to announce that they have added attorneys Evan and Heather Côté to their impressive roster of lawyers. This husband and wife power couple is poised to help the firm provide even more clients around California the top-notch legal counsel and representation it has provided since 2008. Originally from Utah, Heather Côté came to Southern…
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    The L•E•Jer

  • Chevron Deference: The Agency’s Mulligan

    Hofstra Labor & Employment Law Journal
    26 Nov 2014 | 6:29 am
    by Emmanuel Bello Recently, the Department of Labor reclassified Home Health Aides as employees. Effective January 1, 2015, they will no longer be exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements.[1] This is a major breakthrough for workers who have suffered over a century of marginalization. However, what does this really […]
  • The Abuses of Amazon: When Workplace Efficiency Overcomes Employee Rights

    Hofstra Labor & Employment Law Journal
    25 Nov 2014 | 6:29 am
    by Brian Kotkin Over the past several years, it has been gradually revealed that, one of the world’s largest retailers, has an extraordinarily bad record when it comes to the welfare and safety of the employees in its warehouses (known internally as “fulfillment centers”).[1] Managers constantly track employees’ movements with satellite-navigation tags throughout their […]
  • What’s Your Password? Employers Seek to Make Private Information Public

    Hofstra Labor & Employment Law Journal
    24 Nov 2014 | 6:29 am
    by Brian Idehen Social media has been a recent hot button topic in labor and employment law. More specifically, there is a discussion as to whether passwords to personal social media accounts of employees should be made available to employers. Employers seek these passwords for purposes such as protection of proprietary information;[1] however, there is […]
  • Shahs of Sunset Fans, Rejoice!

    Hofstra Labor & Employment Law Journal
    19 Nov 2014 | 6:29 am
    by Melissa Tsynman While a majority of the country is currently freaking out over Ebola, ISIS, and Border Patrol, reality fans of the popular Bravo program, Shahs of Sunset, are impatiently waiting for the reality show to premiere after a successful three seasons. If you are one of these fans, you may be wondering whatever […]
  • The Color Battles: Louboutin’s Control Over the Red Sole

    Hofstra Labor & Employment Law Journal
    17 Nov 2014 | 6:29 am
    by Tania V. Parker One of the Second Circuit’s recent decisions has set the fashion industry ablaze. In Christian Louboutin S.A., L.L.C. v. Yves Saint Laurent America Holding, Inc., the Second Circuit held that a single color can serve as a trademark in the fashion industry.[1] This overturned the district court’s ruling stating that a […]
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    My Distribution Law

  • Motorola’s FTAIA Quest Ends With a Whimper in the Seventh Circuit

    Howard Ullman
    4 Dec 2014 | 10:13 am
    Deutsch: Motorola M3888 ca. 2000 (Photo credit: Wikipedia) On November 26, 2014, the Seventh Circuit (Posner, J.) issued its order upon rehearing of Motorola Mobility LLC v. AU Optronics Corp. (Case No. 14-8003). Motorola still effectively lost the appeal, but the Court’s more circumspect reasoning means that the decision doesn’t have nearly the same significance as Judge Posner’s initial decision.   In a nutshell, Motorola’s foreign subsidiaries bought LCD panels overseas, which were allegedly subject to a price-fixing cartel. The subsidiaries assembled mobile phones and sold…
  • Three Billy Goats Gruff

    Howard Ullman
    19 Nov 2014 | 9:40 am
    (You know . . .  the fairy tale about trolls.) This summer, PwC published its 2014 Patent Litigation Study.  The tagline of the study is “[a]s case volume leaps, damages continue general decline.” Some of they key findings — which are quite fascinating — are: Median damages awards continue to trend down—to $4.3 million in recent years. Damages awards for NPEs averaged more than triple those for practicing entities over the last four years. The median jury award amounted to nearly 37.5 times the median bench award between 2010 and 2013. NPEs have been successful 25%…
  • Is the NCAA a Cartel?

    Howard Ullman
    5 Nov 2014 | 4:24 pm
    The usually good Planet Money program has an excellent recent podcast setting forth the arguments for and against the NCAA [National Collegiate Athletic Association] being an unlawful cartel.
  • 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…
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    Kangaroo Court of Australia

  • KCA 2014 yearly review – Christmas and New Year post

    Shane Dowling
    20 Dec 2014 | 4:27 am
    I would like to thank everyone who has supported Kangaroo Court of Australia (KCA) this year which has helped it grow. Email followers have grown by about 12% although page views have gone down. The decrease in page views is not a big issue given last year was an election year so a spike then […]
  • Tony Abbott’s Sydney siege review needs to get to the truth. No time for cover-ups

    Shane Dowling
    17 Dec 2014 | 1:36 am
    Prime Minister Tony Abbott today (17/12/14) announced that the Secretary of the Department of Prime Minister and Cabinet and the NSW counterpart would conduct a review of the “Martin Place Siege”. The media statement in full is below: Martin Place siege – Joint Commonwealth – New South Wales review 17 December 2014 Prime Minister Premier […]
  • Premier Mike Baird & Chief Justice Bathurst fail to act on paedophile supporter Judge Garry Neilson

    Shane Dowling
    13 Dec 2014 | 4:56 am
    Premier Mike Baird and NSW Supreme Court Chief Justice Bathurst have failed for over five months to take any real action against paedophile supporting Judge Garry Nielson. Yet in a matter of weeks action was taken against confessed paedophile, former Bega Cheese CEO Maurice van Ryn, who had been allowed free on bail pending his sentencing. The obvious question is […]
  • Joe Hockey to be cross examined by Australia’s dodgiest barrister Sandy Dawson in defamation case

    Shane Dowling
    9 Dec 2014 | 4:48 am
    In March next year Treasurer Joe Hockey will be in the witness stand in Sydney at the Federal Court of Australia. Mr Hockey will be there for his defamation case against Fairfax Media and will be cross-examined by Fairfax’s Junior barrister Sandy Dawson. But there are a lot of people with plenty riding on the case […]
  • Corruption on the run. The High Court of Australia – ICAC / Margaret Cunneen case

    Shane Dowling
    6 Dec 2014 | 5:08 am
    The NSW judiciary seem to be digging in to try to protect corruption in the legal fraternity in the Margaret Cunneen matter. We are now off to the High Court of Australia to see what they have to say. It is really the last stand by the judiciary as their own days of widespread corruption are coming to an end […]
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    Attorney at Work

  • Online Shopping? Five Security Tips

    Don Tuliao
    19 Dec 2014 | 4:00 am
    Even if your firm has a policy against it, there’s a chance that online shopping is happening in your office — especially during the height of the holidays. Why be concerned? For one, hackers are actively working to compromise any size environment. Two, if you or anyone in your office opens an email or clicks a link to an unsuitable website and the network gets infected, fixing the situation can be costly. Things to Do to Safeguard Your Data Here are five tips to help steer clear of cyberattacks. And don’t keep these to yourself. Encourage everyone in your firm to take an active…
  • How to Ask for Feedback

    Mary Lokensgard
    18 Dec 2014 | 2:30 am
    If you’ve ever had someone say to you, “Come in here and shut the door,” because you “need some feedback” on that project you just finished, you may have an instant aversion to the word “feedback.” For many of us, it’s a synonym for “criticism” or “blame.” And really, who needs that? What It Is, and What It Isn’t Misunderstanding what feedback is and how it works keeps many lawyers from using this powerful tool to improve their practices. The real concept is simple: Take the end product of a process or system (like work product, personal performance, client…
  • Bar Member? Be Your Own Advocate

    Ruth Carter
    17 Dec 2014 | 2:30 am
    Forgive me, but I’m going to jump on my soapbox today. I’m a licensed attorney in Arizona and we have a mandatory bar, so all of us have to pay to play. In 2014, I paid $460 for my bar dues, and Arizona was ranked 10th in the nation for having the highest bar dues. Despite this, the State Bar of Arizona Board of Governors voted to increase annual bar dues to $520 — even though they had information that said this would result in a $3.7 million cash surplus by 2019. What does a bar association need with $3.7 million? After the dues increase was passed by the Arizona Board of Governors,…
  • Best Way to Deal with a Jerk?

    Otto Sorts
    16 Dec 2014 | 2:26 am
    The associate walked into my office clearly upset and asked if we could talk. She closed the door and let loose: “George is such an asshole! He makes my life miserable and now he’s given me a bad review!” She checked off the details of this partner’s abuse and ineptitude, and the many reasons she hated working with him. I worked with Lisa when she came into the firm a few years back and found her to be an excellent researcher, with the promise of becoming an excellent attorney. She did great work on several of my cases and I had enjoyed watching her career blossom.
  • I Hate Public Speaking! Is It Worth the Effort?

    The Editors
    15 Dec 2014 | 2:07 am
    Question: I hate public speaking, but I do it because I’m told it’s good marketing. But when I take days to prepare for a single speech that brings me no new business, I’m inclined to refuse the next invitation. What am I not getting about public speaking as an effective marketing tactic? Marguerite G. Downey: Don’t refuse an invitation to speak simply because you dislike doing it. The show will go on with or without you. Turning down an invitation denies your firm and gives your competitors a chance at the spotlight. If you must pass on a speaking opportunity, recommend someone…
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    BullsEye Blog

  • Tax Court Okays Use of Predictive Coding to Review Documents

    8 Dec 2014 | 7:10 am
    To address the concern of the expense of electronic discovery, technologies have been developed to search through large pools of electronically stored documents for material responsive to e-discovery requests efficiently. One such technology is “predictive coding”. Read more to learn about the case of Dynamo Holding, Ltd. v. Commissioner, in which the U.S. Tax Court approved the use of this technology.
  • Court-appointed Experts: The Future of Litigation?

    24 Nov 2014 | 4:17 pm
    In a complex case dealing with the Silk Road drug-dispensing website, Judge J. Paul Oetken must be able to determine whether complicated physical evidence that the FBI searched for and seized from a secure computer is admissible to the case. When it comes to these types of highly specialized technological decisions, will courts now need to hire experts to explain and inform judges, or should judges be able to make these decisions on their own?
  • Rock-and-Rollers Seeking Royalties Run Smack into Daubert

    14 Nov 2014 | 9:16 am
    Decades after their time in the spotlight, former members of the Scottish pop band the Bay City Rollers decided to pursue litigation to recover tens of millions of dollars in allegedly unpaid royalties. Read more to learn about how the exclusion of expert testimony played a role in the type of evidence brought to the jury in this trial.
  • Daubert Analysis at the Class Certification Stage

    9 Nov 2014 | 11:25 pm
    An interesting procedural matter arose in the class action case of Fort Worth Employees' Ret. Fund v. J.P. Morgan Chase & Co. when, simultaneously with the plaintiff's motion for class certification, the defendants moved to exclude the testimony of a plaintiff's expert witness under Daubert.
  • Using Statistical Evidence to Prove Liability in Class Actions

    1 Nov 2014 | 2:00 pm
    In class actions, given the impracticality of proving a defendant’s liability with respect to each and every member of the class, plaintiffs have increasingly sought to use statistical sampling to establish class wide liability. However, the use of statistics for that purpose has proven highly controversial, as illustrated in a California Supreme Court decision issued on May 29, 2014in the case of Duran v. U.S. Bank N.A.
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    Hunt & Associates, PC

  • Are You Required to Pay Overtime to People Who Work in Your Home?

    15 Dec 2014 | 10:18 am
    Both federal and Oregon wage and hour law require employers to pay covered employees one and one-half times their regular wage for all hours worked in excess of 40 in a workweek. As the funny commercials featuring that gecko would say, “everybody knows that.” What many people may not know, however, is that the overtime requirements also apply to employees who work in your home. Back in 1974, the federal Fair Labor Standards Act, first enacted during the depression, was amended so as to make its overtime requirements specifically applicable to “an employee in domestic service” who…
  • Super Sealed Proceedings – You Won’t Even Know Why the Government Took Your Property; If You Ask, You’ll Be Indicted

    Lawrence Hunt
    1 Dec 2014 | 3:42 pm
    Many years ago many of us were taught that before the government could take your property or liberty, constitutional due process required, at a minimum, that it first give you notice and an opportunity to be heard. Apparently now federal prosecutors have found a civil forfeiture process which is subject to a “super seal”. That is, even the individuals targeted don’t know the government’s trying to take their property. As Bradley Balko of the Washington Post notes here, a federal magistrate in Nevada recently ruled that the government shouldn’t take property from people without…
  • Child Custody Disputes between Parents and Third Parties

    Charles Ford
    17 Nov 2014 | 10:51 am
    Family law cases involving issues of child custody and/or parenting time are emotionally challenging for all concerned. The typical dispute involves a child’s two parents, each trying to convince the trial judge that she or he is more suited to be the primary custodial parent, or is deserving of more parenting time with the child than the other parent will agree to, or some variant of one or the other. Family law judges in Oregon, when deciding these emotional tug-of-wars, are required by statute to give primary consideration to “the best interests and welfare of the child.” The…
  • Welcoming Our New Associate Attorney, Charlie Ford

    Heather Carr
    6 Nov 2014 | 10:42 am
    Hunt & Associates, PC is proud to announce that Charles Ford has joined the firm as an Associate Attorney Charlie brings an abundance of personal and legal experience to our clients and to our team. Charlie was born in New York and graduated with highest honors from the United States Merchant Marine Academy as a officer in the merchant marine and a commission as an ensign in the U.S. Naval Reserve. He worked for 9 years as a licensed deck officer sailing all over the world while also obtaining a second undergraduate degree and a law degree from the University of Washington. After his…
  • You Can’t Make It Up – A Homeland Security Panty Raid and Storage Costs for Homeless People

    Lawrence Hunt
    28 Oct 2014 | 2:06 pm
    The largest player in our nation’s entertainment industry, government, works hard to demonstrate that it can enhance the triviality of even the most trivial; as it recently did when the Department of Homeland Security conducted a panty raid on a Kansas City lingerie shop to seize “boy shorts”. The shorts’ bottoms exhorted the Kansas City Royals to win the World Series beneath an approximation of the team’s logo which the store’s owner had drawn. Ironically, the owner said that many police officers had purchased the apparently forbidden shorts until the DHS raid. See the full story…
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    Rozek Law

  • How Traumatic Brain Injuries Impact the Memory

    Randy Rozek
    12 Dec 2014 | 7:02 am
    Visit us at Memory impairment affects approximately 54 to 84 percent of individuals suffering from traumatic brain injury. While the effect of TBI on long-term memory has been known for a long time, what occurs behind the scenes has never been detailed for this population. The theory of cognitive reserve has long been used to explain comparable injuries. In other words, higher intellectual enrichment provides a protective effect on long-term memory. Study from the Kessler Foundation Researchers at the Kessler Foundation studied 50 patients who had mild to severe TBI for their…
  • Rich Environments May Help Brain Injury

    Randy Rozek
    14 Nov 2014 | 7:19 am
    Visit us at Violent blows to the head, as football players are learning, have the potential to cause to severe brain injuries. When it comes to physical brain damage, the long-term effects range from trouble communicating, extensive cognitive slowdown and behavioral deterioration. Up to this point, researchers have found no effective cognitive or medical treatment for patients who suffer from a TBI. However, a recent study from Tel Aviv University suggests that enriched environments could provide a promising path for the rehabilitation of patients who suffer from mild traumatic…
  • 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…
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  • Employer Shared Responsibility Provision in the Affordable Care Act

    Amanda Wyzykiewicz
    17 Dec 2014 | 12:47 pm
    Under the Affordable Care Act, federal government, state government, insurers, employers and individuals are all given roles to improve the availability, quality and affordability of health insurance coverage in the United States.  Applicable Large Employers (ALEs) must adhere to the employer shared responsibility provision, known as the “employer mandate.”  Small businesses that have fewer than […]
  • Protecting Your Business’s Name

    Leonard London
    11 Dec 2014 | 12:33 pm
    Many people believe that simply by incorporating a corporation or forming a limited liability company they will be entitled to exclusive use of the name.  This is not the case and another Corporation or LLC can be formed with a similar name as long as it is distinguished. A geographical limitation will often suffice. For […]
  • Happy New Year! Begin 2015 With These Small Business Legal Resolutions

    Hogan Willig
    9 Dec 2014 | 12:33 pm
    It is that time of the year again-when we reflect on the year that was and look forward to new beginnings.  We also resolve to be better people: help others, exercise more, eat better, stress less, save more are all popular.  But what about your business? Focus on the big picture–Many small business owners focus […]
  • What’s In A Name? The distinction between separate and marital property

    Erica Moore-Zeis
    5 Dec 2014 | 6:54 am
    Absent a prenuptial agreement to the contrary, everything accumulated during a marriage, with the exception of gifts from third parties, inheritances and personal injury awards, are considered marital property; title is not controlling.   This includes all income from employment received during the marriage.  Therefore, placing these monies into an account in your individual name will […]
  • Commencement of Divorce Action

    Elizabeth DiPirro
    3 Dec 2014 | 9:50 am
    In New York State, an action for divorce is started by filing a summons and complaint in the office of the county in which either party resides.  The summons and complaint seek to alter the marital status of the parties and to have the Court determine appropriate ancillary relief, such as custody of and access […]
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    bLAWgical Thinking

  • #barpreplife: Moment of Truth

    17 Dec 2014 | 10:07 am
    GUEST BLOG by Jennifer Varteressian, Graduating from The University of Tulsa College of Law This is it. The moment of truth. Tomorrow is my last Final Exam in law school ever (that is if I pass). I say this half jokingly, however I do not think I have ever felt so unprepared for a final, and not for lack of effort. I am so thrilled that it is my last one, but at the same time it will quite possibly be the hardest exam I have taken to date. I always love exam days because I get a break from studying, and tomorrow is especially awesome because when the exam is over, I’m done with law school!
  • #barpreplife: Ready or Not

    10 Dec 2014 | 10:09 am
    GUEST BLOG by Jennifer Varteressian, Graduating from The University of Tulsa College of Law, December 2014 Tomorrow I take the first of my last string of finals, and I am actually concerned something resembling “blah blah blah, words are hard” might appear somewhere on my exam. I met with my professor this afternoon to ask for some clarification on a few topics, and I swear he looked at me like I was an alien. Maybe it’s a good thing this is the last time I’m taking this task on. They say pregnancy brain is a real thing…is there a such thing as law school brain? Or senioritis brain?
  • #The3Llife: The Grinch that Delayed Christmas

    9 Dec 2014 | 1:38 pm
    GUEST BLOG By Shaun Sanders, 3L at Chapman University’s Dale E. Fowler School of Law In total, this semester came with four final exams. Three of those four were back-to-back in my first week, and the last one will be this Thursday. I have clearly done something wrong. Many of my peers somehow managed to have only one or two finals through a mixture of paper-classes, externships, and, what I believe to be, sorcery. Moreover, those with more finals somehow managed to get theirs spaced out uniformly over the finals period. Not me, though. I always seem to do this. If you have ever performed a…
  • #barpreplife: Last. Week. Of. Classes. Ever.

    4 Dec 2014 | 4:08 pm
    GUEST BLOG By Jennifer Varteressian, Graduating from The University of Tulsa College of Law, December 2014 This week marks my last week of class EVER. That’s right, EVER. I seriously did not think this day would ever come, I’ve been in school since I knew how to speak. Although this is awesome, I can’t help but feel a little panicked. I think that Will Ferrell summarizes my feelings about finals week best. When in doubt, you should always resort to obtaining wisdom from Elf. This is a big week for me, I will finish up classes, move out of my house, and then start cramming like its going…
  • #The2Llife: Keeping Perspective

    3 Dec 2014 | 12:31 pm
    GUEST BLOG Harrison Thorne, 2L at UCLA School of Law With finals around the corner, I have heard a ton of whining and complaining. Many students languish and make the process agonizing for themselves and those around them by harping on the amount of work necessary, the time it will take, and the general lack of desire/motivation to meet the challenge. I too went through this during my 1L year of law school. I complained about everything from the fact that my exams were closed-book to the fact that my section had a steeper curve than other sections. But, looking back, complaining did nothing…
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    Attorney at Work

  • Online Shopping? Five Security Tips

    Don Tuliao
    19 Dec 2014 | 4:00 am
    Even if your firm has a policy against it, there’s a chance that online shopping is happening in your office — especially during the height of the holidays. Why be concerned? For one, hackers are actively working to compromise any size environment. Two, if you or anyone in your office opens an email or clicks a link to an unsuitable website and the network gets infected, fixing the situation can be costly. Things to Do to Safeguard Your Data Here are five tips to help steer clear of cyberattacks. And don’t keep these to yourself. Encourage everyone in your firm to take an active…
  • How to Ask for Feedback

    Mary Lokensgard
    18 Dec 2014 | 2:30 am
    If you’ve ever had someone say to you, “Come in here and shut the door,” because you “need some feedback” on that project you just finished, you may have an instant aversion to the word “feedback.” For many of us, it’s a synonym for “criticism” or “blame.” And really, who needs that? What It Is, and What It Isn’t Misunderstanding what feedback is and how it works keeps many lawyers from using this powerful tool to improve their practices. The real concept is simple: Take the end product of a process or system (like work product, personal performance, client…
  • Bar Member? Be Your Own Advocate

    Ruth Carter
    17 Dec 2014 | 2:30 am
    Forgive me, but I’m going to jump on my soapbox today. I’m a licensed attorney in Arizona and we have a mandatory bar, so all of us have to pay to play. In 2014, I paid $460 for my bar dues, and Arizona was ranked 10th in the nation for having the highest bar dues. Despite this, the State Bar of Arizona Board of Governors voted to increase annual bar dues to $520 — even though they had information that said this would result in a $3.7 million cash surplus by 2019. What does a bar association need with $3.7 million? After the dues increase was passed by the Arizona Board of Governors,…
  • Best Way to Deal with a Jerk?

    Otto Sorts
    16 Dec 2014 | 2:26 am
    The associate walked into my office clearly upset and asked if we could talk. She closed the door and let loose: “George is such an asshole! He makes my life miserable and now he’s given me a bad review!” She checked off the details of this partner’s abuse and ineptitude, and the many reasons she hated working with him. I worked with Lisa when she came into the firm a few years back and found her to be an excellent researcher, with the promise of becoming an excellent attorney. She did great work on several of my cases and I had enjoyed watching her career blossom.
  • I Hate Public Speaking! Is It Worth the Effort?

    The Editors
    15 Dec 2014 | 2:07 am
    Question: I hate public speaking, but I do it because I’m told it’s good marketing. But when I take days to prepare for a single speech that brings me no new business, I’m inclined to refuse the next invitation. What am I not getting about public speaking as an effective marketing tactic? Marguerite G. Downey: Don’t refuse an invitation to speak simply because you dislike doing it. The show will go on with or without you. Turning down an invitation denies your firm and gives your competitors a chance at the spotlight. If you must pass on a speaking opportunity, recommend someone…
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    The MegaDox MegaBlog

  • How Safe is Your Home While You’re Away for the Holidays?

    Heather Cuthill
    11 Dec 2014 | 4:39 pm
    Are you heading out for a ski trip over the holidays? Going home to visit the folks for Christmas? Or maybe you’re headed south to escape the cold for a couple of weeks. Lucky you! But while you’re away, you … Continue reading →
  • Understanding the Franchise Business

    Tony Sansotta
    7 Jan 2014 | 7:01 am
    What is franchising? Franchising is the most popular business strategy in the world, but do you know what franchising is? A strategic partnership focused on getting and keeping customers. A business strategy. A marketing and distribution system. A method of … Continue reading →
  • This New Year, Resolve to Reduce Your Environmental Footprint

    31 Dec 2013 | 8:00 am
    With 2014 almost upon us, it’s time to start thinking about those New Year’s resolutions. Are you focusing on self-improvement this year? Eating better, exercising more, quitting smoking – is one of those at the top of your list? Self-improvement … Continue reading →
  • Seasons Greetings to All Our Customers, Visitors, Affiliates and Partners!

    24 Dec 2013 | 8:12 am
    Whatever holiday you’re celebrating at this time of the year, we’d like to wish you all the best, and may it be a very happy and safe holiday, spent with those that you love. Merry Christmas! Happy Hannukkah! Happy Kwanzaa! … Continue reading →
  • How to Protect Your Business From Creditors

    Arthur M. Szabo
    17 Dec 2013 | 8:18 am
    The time to protect your assets and your investment in your business from creditors is before any financial problems arise. If you attempt to protect your business assets after you borrow money or after a financial or creditor issue arises, … Continue reading →
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    The Attorney Marketing Center

  • The best way to get more legal work

    David M. Ward
    19 Dec 2014 | 10:54 am
    I spoke to an estate planning lawyer the other day. He’s getting ready to do another mailing to his client list to encourage them to make an appointment to review and update their estate plans, due to a change in the law. It seems many people are either unaware of the new law or believe it doesn’t apply to them. We spoke about the content of the letter, including whether or not to extend a special offer or incentive to get more people booking appointments. I am sure he will get more work out of this, but not nearly as much as he could. One letter (or email) isn’t enough.
  • Is hard work the key to success? Umm, no

    David M. Ward
    18 Dec 2014 | 10:33 am
    Everyone and his brother says that hard work is the key to success. But is it? I can point to many times in my life when I was successful without hard work. In fact, many of my successes came with little or no effort. I can also point to times when I worked my fingers to the proverbial bone and accomplished nothing. Goose eggs. Bupkis. I’m sure you could say the same thing. A mentor of mine once said, “If you’re not having the success you want, there are only two reasons. Either you’re not doing something right, or you’re not doing it enough.” No mention of…
  • Bah, humbug, period, paragraph.

    David M. Ward
    17 Dec 2014 | 11:09 am
    Tis the season to be jolly. Or not. The last two weeks of the year is either a time of joy and celebration, or a time of stress and regret. You either want this time to last forever, or you can’t wait for it to be over. If you love this time of year, Mazel Tov. Savor every moment. Give thanks for your blessings. Enjoy the big meal. Save me a hunk of pie. If this isn’t your favorite time of year, or even if it is, recognize that lots of people are stressed out right now. They have too much to do. They may be spending money they don’t have. They may be worried about their…
  • Wrestling out of your weight class

    David M. Ward
    16 Dec 2014 | 11:28 am
    In high school, I joined the wrestling team. I thought it looked like something I could do. Okay, I thought I could meet some cheerleaders. Turns out, the wrestling team didn’t have any. Anyway, the coach told me that with my height and frame, I should be in a certain weight class and suggested I drop some weight before the weigh-in which was two weeks away. Off I went, running, lifting weights, dieting, and drinking gallons of water, determined to get down to the lower weight class. I missed it by two pounds. There I was, forced to wrestle bigger guys, exhausted by my efforts to lose…
  • What’s wrong with your website?

    David M. Ward
    15 Dec 2014 | 10:56 am
    My wife is nesting. Getting the house ready for Christmas company. Cleaning, polishing, making sure everything is ship shape. You know the drill. I am amazed at the little things she finds that need repair. A chip in the paint that needs touching up, for example. I walk by it every day but never noticed. Why? Because I walk by it every day. I’m used to it. So it doesn’t stand out. If you came to the house, having never been here, that chip would probably be the first thing you’d notice. My wife is also proofreading my latest book. I’ve been through it more times than I…
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    Estate Law Canada

  • 20 Free Tax Secrets for Canadians

    13 Dec 2014 | 9:27 pm
    I'm about to download this free book called "20 Free Tax Secrets for Canadians" by Allan Madan, and I thought it might be of interest to some of you readers as well. If so, click here to read more about this book and/or download it. It's pretty short - under 4,000 words - but what sold me is that one of the reviews describes the writing style as "conversational". In other words, those of us who
  • Updated table of intestacy for Alberta Probate Kit

    11 Dec 2014 | 9:30 pm
    Those of you who are using my book, The Alberta Probate and Administration Kit, are probably aware that parts of it needed updating because of changes to the law since the book came out. One of the things that needed updating is the table that shows how to distribute an estate in Alberta where there is no valid will. I've created a new, detailed table describing how the estate is to be
  • The executor is going to sell an asset and give the proceeds to non-beneficiaries. What do I do?

    8 Dec 2014 | 10:57 pm
    What would you do if, while waiting to receive your inheritance, you found out that the executor planned to sell an asset and give the money to someone who isn't a beneficiary? A reader who is in that situation wrote to me recently. His letter and my response are below: "I am one of three beneficiaries. I recently learned that the safe contents (coins) will be appraised and sold this week by
  • Rudolph the Red Nosed Reindeer … He’ll Go Down in (Estate Royalty) History!

    8 Dec 2014 | 6:06 pm
    There is a show on TV called "About a Boy", based on the movie of the same name, in which a character lives a job-free, stress-free, millionaire existence. His source of apparently unlimited income is a song - or more correctly, the royalties from a hugely popular song. As it turns out, significant royalty payments aren't always fictitious. What happens to those royalties when the owner of
  • NHL player files for bankruptcy after his parents abuse power of attorney

    7 Dec 2014 | 2:46 pm
    In my line of work, kids taking financial advantage of parents is an everyday occurrence. But parents taking advantage of wealthy children, not so much. The recent case of Jack Johnson of the Columbus Blue Jackets, however, shows that anyone can be taken advantage of by people they trust. The Columbus Dispatch recently ran a story describing in detail how Johnson's parents, to whom he had
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    AZ Attorney

  • Graphic by @TheInsightBee points to law firm information gap, how it harms client development

    19 Dec 2014 | 8:30 am
    How seaworthy is the information that drives your law firm? What could be easier—especially on the Friday before a holiday week—than to enjoy a little infographic regarding law practice? OK, I probably had you until “ … regarding law practice,” but it’s still light lifting for Change of Venue Friday. The visual art comes our way from U.K. firm InsightBee, which examines the information sources available to law firms. What they have discovered, alas, is that many of those firms and attorneys say that they lack vital information that would better guide their practice decisions. At…
  • Immigration info events by @AZStateBar @UnivisionAZ to include @HernandezGlobal speaker

    18 Dec 2014 | 8:30 am
    [Note: This article was edited to clarify the role that Ezequiel Hernandez played in regard to the White House. According to Hernandez, he was one of four legal experts from Univision whom the White House spoke with to ensure accurate information was communicated and to communicate the message against fraud; the description of him as “a White House consultant” was inaccurate. I apologize for the error.] You may recall that one day after the President’s Executive Order on immigration—one day—the State Bar offered an event that included lawyers giving advice on that very topic. Now,…
  • ASU Borderlands professorship to be endowed with dollars from @RealSheriffJoe settlement

    17 Dec 2014 | 8:30 am
    The last word in the many chapters regarding the office of Sheriff Joe Arpaio have clearly not been written. Cue the ASU Journalism School. Phoenix New Times co-founder Michael Lacey (photo: Patrick Breen/Ariz. Republic) For those friends around the country who gaze in amazement at the State of Arizona (not always for wonderful reasons), an announcement yesterday must have had them lighting up the twitterverse. The story out of ASU’s journalism school is that a new endowed professorship, entirely focused on border issues, will be funded with a $2 million gift drawn from a legal settlement…
  • Great videos among the benefits of @NAPABA conference

    16 Dec 2014 | 8:30 am
    Marian Yim (far right) was one of the honorees to receive the national Trailblazers Award at the annual NAPABA Convention, November 2014. Last month, Arizona was privileged to host a national conference of lawyers and law students. The National Asian Pacific American Bar Association (NAPABA) event featured quite a few excellent seminars and plenary sessions—plus a Mercedes raffle. (I mentioned one of its signature events here.) Among the things NAPABA gets right is the use of video to draw people in. They were effective at marketing the conference in advance and as tools to tell stories…
  • Seminar at @AZCLE offers law practice aspects of immigration executive order

    15 Dec 2014 | 8:30 am
    The President’s recent Executive Order on immigration may provide more questions than answers for immigration attorneys … and their clients. Recently, I have mentioned some efforts by the State Bar of Arizona to provide guidance in the wake of the President’s Executive Order on immigration. And there will be more news on that front later this week (maybe even tomorrow). In the meantime, I’m pleased to say that there is so much on offer that I entirely missed a 1.5-hour seminar on the topic offered by the CLE Department (and yes, it’s still available online). Titled (no…
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    Law Donut blog feed

  • Ten things you could have learned from our blog in 2014

    Mark Williams
    8 Dec 2014 | 3:07 am
    1 “If you run a business, it is advisable to seek professional help in writing a will. For example, if you are a majority shareholder but die unexpectedly without having a will, your shares, and therefore, majority ownership of the business, would be subject to the intestacy rules.” From Why business owners need to have a will by Rob Martins 2 “Health and safety is all about risk prevention, and in worst-case scenarios, what to do if an accident occurs. First, start by assessing potential risks in the workplace. Once these have been documented, state what you are doing, or have done, to…
  • Unfair dismissal tribunals - infographic

    24 Nov 2014 | 7:42 am
    Information about Unfair Dismissal and Redundancy from Knocker & Foskett employment solicitors, based in Kent, visit their website for more information Further reading Dismissing employees - key facts When a dismissal is automatically unfair Resources:  Dismissals and redundancies
  • Should holiday pay include overtime?

    Mark Williams
    5 Nov 2014 | 6:40 am
    Business groups have reacted angrily to an Employment Appeal Tribunal (EAT) judgment that could mean the holiday pay of millions of UK workers will need to include overtime. Currently, holiday pay is based on basic pay. To make matters worse for employers, this could be backdated, with some business groups warning that the resulting additional cost burden could force many small firms out of business. According to the government, about a sixth of the UK’s 30m employees could be entitled to the “backdated holiday pay bonanza” (as The Daily Mirror described it. Critics were quick to point…
  • UK workplace health and safety in numbers

    30 Oct 2014 | 4:44 am
    Published recently on the Health & Safety Executive (HSE) website, the Health and Safety Statistics – Key figures for Great Britain 2013/14 provides food for thought for employers. According to the statistics: “1.2m people who worked during the last year were suffering from an illness (long-standing as well as new cases) they believed was caused or made worse by their current or past work. [Half a million] of these were new conditions [that] started during the year. A further 800,000 former workers (who last worked more than 12 months ago) were suffering from an illness [that] was…
  • How to stop your ideas being stolen by your supply chain

    28 Oct 2014 | 2:33 am
    If you’ve worked hard to build up a brand or come up with a new product or process, you have intellectual property (IP). You probably know that your IP is at risk; others may try to copy your idea or pass off their products under your brand. This is known as infringement and can cause financial and reputational harm. What you might not know is that members of your supply network can be one of the most common IP infringers. That’s right, incredible though it may seem, people you trust to make or sell your products can be among the most likely to steal your ideas. Upon further examination,…
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    Colorado Construction Litigation

  • Become Familiar With Your CGL Policy Exclusions to Ensure You Are Covered: Wardcraft v. EMC.

    David M. McLain
    3 Dec 2014 | 10:30 am
    In a recent case arising out of a denial of coverage for alleged construction defect claims concerning a pre-fabricated home, the U.S. District Court for the District of Colorado applied the 10th Circuit’s determination of what can constitute an “occurrence” under a commercial general liability (“CGL”) policy.  SeeWardcraft Homes, Inc. v. Employers Mutual Cas. Co., 2014 WL 4852117 (D. Colo. September 29, 2014).  William and Grace Stuhr sued Wardcraft, which manufactured pre-fabricated homes at a facility in Fort Morgan, Colorado, because their home was not completed as…
  • Colorado Defense Lawyers Association to Host a Construction Defect Reform Legislative Preview on December 10th

    David M. McLain
    30 Nov 2014 | 12:40 pm
    Construction Defect Reform – A Legislative PreviewDecember 10, 2014 – 3:00 to 5:00 pm2 hours CLE applied forHappy Hour to FollowMembers Only There is no question that the conversation surrounding construction defect litigation and legislation is both intensifying and that it has changed tone. Instead of being a dispute between the residential construction industry and homeowners, it has become a conversation between advocates for affordable housing on the one hand and plaintiffs’ construction defect attorneys, speaking either through the Community Association Institute or the Build…
  • Preparing for the 2015 Colorado Legislative Session

    David M. McLain
    21 Nov 2014 | 10:00 am
    As Colorado starts to prepare for the 2015 legislative session, construction defect reform is shaping up to be another key issue under the Capitol dome. Once again, the Homeownership Opportunity Alliance (HOA) will be leading the charge. The HOA is a coalition of Coloradans working to open the doors to homeownership by: 1) protecting consumers from unknowingly entering into litigation and establishing solid processed through which homeowners and developers can work together to achieve a positive resolution to identified defects in construction, and 2) increasing the supply of attainable,…
  • KF-103 v. American Family Mutual Insurance: An Exception to the Four Corners Rule

    David M. McLain
    27 Oct 2014 | 10:22 am
    In Colorado, the “complaint rule,” also known as the “four corners rule,” requires an insurer to provide a defense when an underlying complaint alleges any set of facts that may fall within an insurance policy. This can result in a situation where an insurer has a duty to defend although the underlying facts ultimately do not fall within the policy.  In KF-103 v. American Family Mutual Insurance, 2014 WL 4409876, District Court Judge Richard P. Matsch recognized an exception to the complaint rule.  In doing so, Judge Matsch determined that a court may look beyond the…
  • 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.
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    Consumer Rights

  • Mumbai builder to pay Rs. 14 lakh for late delivery of flat

    15 Dec 2014 | 11:40 am
    In the past few years, one of the biggest problems quoted by people who have bought houses is an inability to be confident about getting their dream houses on time. Flats have been announced in huge numbers all across the country, specially in the suburbs of the larger cities, and the response from people has been tremendous. Driven by an urge to live in their own homes, and with easy availability of loans, as well as the herd mentality (when so many colleagues are taking houses, it produces an urge to figure out the finances involved and if it is available, why not also try and buy your own…
  • Being served bones in your vegetarian food – Indian Railways

    23 Sep 2014 | 12:43 pm
    Of course, this is not the first time that this is happening, but the repeated occurrence cannot diminish the outrage and distaste that such incidents leave in the mouth. In India, there is a special significance in being a vegetarian, as followed in the name of religion rather than due to personal choice. A large number of Hindus, Jains and Buddhists are vegetarians, and consider the consumption of non-vegetarian food to be sinful, and something to be avoided (having such a faith is their legal right, and one cannot dispute this). Thus, in India, there are many restaurants and hotels that…
  • Shopping in retail stores / markets / internet stores – some points to take care of …

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

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

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

  • Law Firm Cyber Security Threat Matrix

    Accellis Technology Group
    10 Dec 2014 | 4:26 pm
    A comprehensive guide to understanding your threats & building a security plan to keep your information safe Amid the seemly never ending reports regarding the latest cyber security breaches is a key question that never seems to get answered – what, exactly, are we at risk from, and what are we supposed to do about it? Download this comprehensive overview of the cyber security risks facing the legal industry today, and which threats are most likely to impact your firm. You’ll receive key tips from industry experts, as well as a step-by-step guide to building a security plan that…
  • Amicus Attorney Exchange Sync Troubleshooting Tips

    Colleen Heine
    2 Dec 2014 | 6:34 am
    Amicus Attorney Premium Edition offers a bi-directional synchronization with Microsoft Outlook for calendar events, contacts and tasks. This means that changes made in either program will be replicated to the other. The sync runs automatically from the Amicus to the Exchange server, which helps reduce the demand on your workstation. While running the sync is a great option, a few complications may arise when trying to maintain it. Below I’ve listed a few situations that may cause an interruption to the Amicus Exchange sync functionality. The purpose of this article is to help firms stay…
  • Don’t Be A Victim of This Microsoft Phone Scam

    Jason Sinkovic
    1 Dec 2014 | 11:34 am
    Just the other day, my friend received a phone call from someone claiming to be from Microsoft technical support. They informed her that they found a problem on her computer and that they could fix it, but they would need to log in. She proceeded to let them into her computer, but she felt something wasn’t right. Knowing I worked in the IT field, she called me for a second opinion. I confirmed her suspicions and told her to shut the computer off immediately, severing any connection between this supposed Microsoft technician and the laptop. I went to her house to look for damage to the PC.
  • Hard Truths About Email & Document Management (and How to Make it all Work)

    John H. Roth II
    20 Nov 2014 | 2:58 pm
    As email communication and electronic document exchange become increasingly popular, keeping it all organized and accessible can often be a challenge. One of the biggest questions firms ask when moving into a Document Management System is deciding where their emails should be saved. In an ideal world, all email communications would be saved in your document management system (DMS). But this rarely happens. In this article, I’ll share some of the hard truths I’ve come to learn about real-world email management, along with some best practices that will help you get as close as possible to…
  • 5 Reasons Your Firm Should Work With a Certified Consultant

    Colleen Heine
    5 Nov 2014 | 2:12 pm
    “If you think it’s expensive to hire a professional, wait until you hire an amateur.” Throughout our years of supporting and installing software, we’ve been called in to many horrific situations where a firm was either completely dead in the water or faced thousands of dollars in damages due to oversights made during an installation or upgrade. We get it, lawyers like spending money on IT just as much as I like sinking hundreds of dollars every few year for new tires. But you get what you pay for. The next time you decide to hire the cheapest person to do the job, consider…
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    The Litigation Consulting Report

  • [New and Free E-Book] The In-House Counsel Litigation Toolkit

    19 Dec 2014 | 7:28 am
      by Ken LopezFounder/CEOA2L Consulting In recent years, I have seen in-house counsel become increasingly involved in litigation. Gone are the days when in-house would simply hire the top name litigator and hope for the best. Today, in-house counsel help determine trial strategy, they closely manage budget, they assist in choosing litigation support consultants, and they sometimes take a leadership role on the trial team. However, since trials are relatively rare and not many in-house counsel are trial lawyers themselves, how are in-house counsel supposed to effectively contribute in a…
  • Why You Did Not Use a Mock Trial [One-Question Survey]

    17 Dec 2014 | 10:35 am
      by Ken LopezFounder/CEOA2L Consulting Most would agree that mock trials are not conducted as often as they should be. After all, why wouldn't you want to learn what kinds of jurors you will see on your jury, understand what works about your case and what doesn't, understand what works about your opponent's case and what doesn't, gauge your settlement position, provide outside counsel a chance to practice and gain many more benefits all for a tiny fraction of the cost of what is often at stake? Is a mock trial mandatory? Of course not—and neither is having someone else cut your hair.
  • A Mixed Litigation Industry Outlook for 2015

    10 Dec 2014 | 12:13 pm
      by Ken LopezFounder/CEOA2L Consulting The tree is up, the 2015 strategic plan is done, holiday travel plans are all set, so it must be time for my annual litigation industry economic outlook for 2015. First though, a reminder of why I do this. I believe that the litigation industry's performance is closely tied to broader economy's performance. This is especially true for big-ticket cases. As I have done in 2012, 2013, and earlier this year, I create an economic forecast to both exercise my undergraduate degree in economics a bit and force myself to take a hard look at…
  • In-House Counsel Should Make Outside Litigation Counsel Feel Safe

    5 Dec 2014 | 8:04 am
      by Ken LopezFounder/CEOA2L Consulting Earlier this week I published, 25 Things In-House Counsel Should Insist Outside Litigation Counsel Do. I realized something important while writing that article and while participating in follow-up discussions with readers and colleagues. It's an important realization as I think recognition of it might just lead to better litigation results and money savings for in-house counsel. Here it is. Because of the current state of the relationship between most in-house counsel and outside litigation counsel, outside counsel are not asking for…
  • 25 Things In-House Counsel Should Insist Outside Litigation Counsel Do

    2 Dec 2014 | 1:00 pm
      Ken LopezFounder/CEOA2L ConsultingThe relationship between in-house counsel and outside litigation counsel has changed dramatically over the last 20 years. Technology and the Internet have been the driving forces for many of the changes.  Technology growth has forced outside litigation counsel into a quasi-technology consultant role in the way they deal with e-discovery and case management. Technology has made litigation more complex as the underlying subject matter of cases has become more complex. The availability of information via the Internet has made in-house counsel a more…
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    Austin Criminal Defense Lawyer » Bill’s Blog

  • How Are Grand Jurors Selected

    Bill Mange
    8 Dec 2014 | 6:23 am
    Recent Grand Jury Decisions On August 9, 2014, Officer Darren Wilson of the Ferguson, Missouri police department told Michael Brown and his friend Dorian Johnson to walk on the sidewalk instead of down the middle of the street. From that allegedly followed an altercation. Ultimately, Officer Wilson fatally shot Michael Brown. On November 24, 2014, the prosecuting attorney for St. Louis, Missouri announced that the grand jury had decided not to indict Officer Wilson for his actions. On July 17, 2014, Eric Garner was allegedly selling “loosies,” which are single cigarettes from packs…
  • Your Silence Is Deafening Invoking Your 5th Amendment Right

    Bill Mange
    25 Sep 2014 | 7:21 am
    Once upon a time, if you wanted to invoke your right to remain silent, you didn’t have to be a lawyer to understand the 5th Amendment if you have watched any type of police TV shows, or movies. You just had to say nothing. Simple,right? Nowadays you could hear a prosecutor shouting about your pre-arrest, pre-Miranda warnings silence. In Salinas v. Texas, the prosecutor used Mr. Salinas’ silence against him. Specifically, before he was arrested, the police asked him whether a certain shotgun would match the shells recovered at the scene of a murder. Mr. Salinas said nothing, looked at the…
  • How To Calculate SWAP Time In Travis County Texas

    Bill Mange
    17 Sep 2014 | 5:20 am
    Lots of people hear about “SWAP time,” and probably wonder what it means. Let’s start here. Jail time is usually served (i.e., outside of the SWAP program) at two days of credit for every one day served, when the time is served as “straight” time, rather than jail time served as a condition of probation. Here’s an example. If you receive a sentence of 90 days in the Travis County Jail, you would probably only serve 45 of those days, exactly half. That is because you would receive two days of jail credit for each day actually served. Likewise, if you received a…
  • A Choking Allegation Can Complicate Family Violence Cases

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

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

  • What Flattery: @RollingStone Lists @Wizkidayo’s ‘Ayo’ Album as 1 of 15 Great Albums You Didn’t Hear in 2014

    21 Dec 2014 | 5:13 pm
    Rolling Stone, America’s leading bi-weekly music magazine that focuses on pop culture, has bestowed the ultimate flattery this 2014 on Nigerian musician Ayodeji Ibrahim Balogun popularly known as Wizkid. The leading music industry publication lists Wizkid’s ‘Ayo’ album as one of fifteen great albums you did not hear in 2014. I guess that puts all...
  • AML028: Music Marketing & Promotions with Industry Vet. Carter J. Russell

    21 Dec 2014 | 11:40 am
    Carter J. Russell is an industry veteran with over 35 years of experience in the music industry currently working as an Integrated Development specialist at Comma Music.Prior to Comma, Carter founded Russell Music, LLC. In addition, he held the position of either regional or national director of marketing and promotions at three major labels; namely,...
  • Artist Health: Nollywood Actor Joseph Benjamin Apologizes to all the Women he has Ever Hurt

    21 Dec 2014 | 11:29 am
    As I said before, I think it is in the air. Lots of relationship drama in the industry this December. In Nigeria’s film industry, Nollywood Actor Joseph Benjamin hits us with this latest apology to all women he has ever hurt. Apologies are always good. It spells growth and maturity. More grease to his elbow...
  • VIDEO: Queen Latifah Discusses Race in America and Entertainment

    21 Dec 2014 | 10:39 am
    By now most of you know or should know that Queen Latifah’s talk show has been cancelled, after only two seasons on air. Since the announcement of the show’s cancellation late last month, the Queen has apparently decided to pay her staff out of her own pocket. She also is moving on just fine. Check...
  • Who Owns Hip-Hop Music? Iggy Azalea, Azealia Banks, T.I, Q-TIP and the Misappropriation of Black Culture

    21 Dec 2014 | 10:09 am
    There is this heated ongoing debate over the misappropriation of Black culture in the music industry, specifically hip-hop. We’ve heard it in recent times through rapper J.Cole, but rapper Azealia Banks goes all out in this Hot 97.7 interview where she takes on Iggy Azalea, Macklemore and rapper T.I for promoting Iggy. Now, as you...
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    New Jersey Injury Attorney Blog

  • Fair Haven Councilman Killed in Bicycle Accident

    8 Dec 2014 | 2:04 pm
    Fair Haven Councilman Jerome Koch, 63, suffered fatal injuries when a car struck his bicycle. According to an news report, the fatal bicycle accident occurred on River Road near Elm Place in Fair Haven. He was pronounced dead the day after the crash at Jersey Shore University Medical Center in Neptune. It is unclear what caused the crash, but it does not appear from the report that the driver will face citations for the crash. Even skilled and experienced riders can suffer fatal injuries in the event of a crash. Bicyclists are simply not provided enough protection to survive a major…
  • New Jersey Motorcyclist Killed by Deer

    4 Nov 2014 | 9:15 am
    A 36-year-old Hillsborough man was killed in a New Jersey motorcycle accident when his 2008 BMW R12 collided with a deer. According to a news report, the fatal motorcycle crash occurred near the former Gibraltar Rock Quarry entrance on County Route 601 in Montgomery Township. Officials say he was ejected from his motorcycle after colliding with a deer. He was treated at the scene and admitted in extremely critical condition in New Brunswick. Later that day, he died from his injuries. As the temperature begins to drop, we can expect an increase in the number of deer-related traffic…
  • 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.
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  • Takata Airbag Lawsuits Being Filed By Those Injured By Defective Airbags

    24 Nov 2014 | 10:10 am
    The last thing that anyone driving expects is to be injured by defective airbags. That is what happened however when a woman in Florida was involved in a car accident in her Honda. The woman was involved in what should have been an accident in which serious injury could be prevented by the air bag. Instead however, the woman was killed by what the medical examiner in Florida called air bag shrapnel. The Takata Corp and Honda Motor Company have been served with a lawsuit that relates directly to the death of the woman as it pertains to the involvement of the air bag in her death. The family of…
  • The History of Transvaginal Mesh Implantation

    24 Nov 2014 | 9:57 am
    There has been a great deal of publicity regarding “transvaginal mesh” implantation in the past few years. However, the reference is somewhat of a misnomer, in that the product is actually surgical mesh that is used in a transvaginal placement to correct pelvic organ prolapse (or POP) and stress urinary incontinence (or SUI). What is POP? Pelvic organ prolapse is often caused by a weakening or stretching of the tissues holding the bladder and other abdominal organs in place. This results in the organs sagging and often bulging into the vagina. It is attributed to the stress of childbirth…
  • Takata Airbag Inflator Recall After Many Wrongful Deaths

    20 Nov 2014 | 7:57 am
    TK Holdings Inc., which does business as Takata, is a manufacturer of motor vehicle seatbelts, air bags, steering wheels, and child restraint systems. On April 11, 2013, Takata issued a Defect Information Report (“DIR”) to the National Highway Traffic Safety Administration concerning specific air bag inflaters installed in vehicles produced by several vehicle manufacturers. The DIR was issued after Takata learned of an air bag deployment issue in Japan in October, 2011, and then a second issue in Puerto Rico the following month. Concerns over Takata air bags have been an issue…
  • Hire a Reliable Car Accident Attorney California

    8 Nov 2014 | 9:30 am
    Personal vehicle has become more of a necessity than a luxury to many. No person has the patience to wait for a public transport for their traveling needs. Everyone wants to reach office and school on time. For this reason, many people prefer to have a private vehicle. The sales of cars and motorcycles have increased vastly. With this, there is more traffic on road and number of accidents have also increased. Some accidents are minor while some are major in which the driver and travelers suffer from severe injuries. Have you been a victim of one such road accident? If yes then it is wise to…
  • Areas Practiced By a Law Firm in California

    6 Nov 2014 | 9:30 am
    A car accident is unexpected. Considering this factor no one is prepared on what should be done after an accident. However, the same should not be neglected at any cost. Many people neglect filing a police report thinking that it takes a lot of time. When you file a report, you know that you are in safe hands. This works the best especially when you are involved in a major accident and planning to get help from a reliable law firm in California. A lawyer mainly works on the basis of first hand information. You tend to make their work easier when you do all the needful such as: *Filing a…
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    Idaho Criminal Defense Blog

  • Your Story is Your Only Hope - So start listening to Serial on PBS

    Chuck Peterson
    8 Dec 2014 | 6:30 pm
     “For the last year, I’ve spent every working day trying to figure out where a high school kid was for an hour after school one day in 1999. Or, if you want to get technical about it (and apparently I do), where a high school kid was for twenty-one minutes after school one day in 1999….” And so it begins. Serial, a podcast from the creators of This American Life, hosted by Sarah Koenig. The true story is told a week at a time. It takes us through Koenig’s investigation into the disappearance and murder of Hae Min Lee, a high school senior. Her…
  • Panel Kills Public Defender Changes in Idaho - Don't Blame the Defenders!

    Chuck Peterson
    24 Nov 2014 | 6:11 pm
     From the Idaho Statesman tonight:  "Four years ago, a report from the National Legal Aid and Defender Association found that Idaho is violating its Sixth Amendment obligations to defendants. Public defenders across the state were being given too many cases, and some defendants weren't meeting their attorneys until they were in the courtroom. The report also said that defendants sometimes felt pressured to accept a plea agreement rather than go to trial." The Idaho Statesman is reporting that the legislative committee charged with making changes in our state's method of…
  • NY Times Says Idaho Dead Last at Protecting Juvenile Records

    Chuck Peterson
    20 Nov 2014 | 11:27 am
     Associate Attorney William Young is at it again: There is an article today in the New York Times discussing the issue of juvenile offenders and the importance of sealing their records from the public eye. The article examines how many states fail to protect the confidentiality of juvenile records despite data showing that “95 percent of young people enter the juvenile justice system for nonviolent crimes like theft or vandalism — behavior they typically leave behind when they move into adulthood.” The failure of states to protect this information can follow teen…
  • 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…
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    Northern California Personal Injury Blog

  • Increase in Toy Related Injuries Concerns Experienced California Injury Lawyers

    Kelly Balamuth
    16 Dec 2014 | 10:23 am
    Despite heroic attempts by federal and state governments to improve children’s toy safety and increased awareness by parents and caregivers of the risks certain toys pose, the number of children injured by defective toys or in toy-related accidents continues to climb, according to a study published recently in Clinical Pediatrics. Experienced California personal injury lawyers view the new numbers with concern.  Researchers found that between 1990 and 2011, toy-related injuries jumped from just over 120,000 per year to over 195,000 by 2011.  The injury rate also increased.  In 1990, 18.9…
  • Kelly E. Balamuth Selected to SuperLawyers For 6th Consecutive Year

    Kelly Balamuth
    10 Dec 2014 | 8:21 am
    Balamuth Law founder Kelly E. Balamuth was named one of Thomson Reuters’ “SuperLawyers” for the sixth consecutive year in 2014.  Kelly Balamuth’s legal practice involves protecting the rights and needs of clients who are injured through the negligence of others in the Oakland, California area, including Alameda and Contra Costa Counties.  Through the years, she has helped clients pursue the compensation they deserve in cases ranging from car accidents, dog bite injuries, manufacturing defects, medical malpractice, defective toys and other consumer products, birth injuries, workplace…
  • Attorney Kelly Balamuth Presents Mediation at the Contra Costa County Bar Association Seminar

    Kelly Balamuth
    8 Dec 2014 | 10:15 am
    Kelly Balamuth was pleased to sit in as part of a panel at the Contra Costa County Bar Association’s 2014 MCLE Spectacular on November 21, 2014 with Malcolm Sher, Matthew Talbot, and Denae Budde.  The two hour presentation was entitled Mediation is a Process, Not an Event and was made to a full room at the Walnut Creek Marriott. Kelly and the panel discussed their approach to pre-mediation litigation and techniques for making the most of any settlement conference. As a personal injury attorney on the panel, Kelly was able to share her experience and insight on the meditative process, from…
  • Modesto Man Mauled by Pack of Pit Bulls Dies

    Kelly Balamuth
    4 Dec 2014 | 8:52 am
    In California, a dog owner is liable if the animal bites a person.  This is true regardless of whether the dog has a history of biting. On October 14, 2014, a man and woman were attacked by four pit bulls in the backyard of a Modesto home, according to CBS Local news.  The man was visiting his mother at her home when the dogs attacked.  He later died of his injuries.  The woman was hospitalized and in a critical condition, with bites on her arms, shoulder, head, and a broken leg. Deputies responding to 911 calls found the man being attacked by the pit bulls.  The dogs had escaped their…
  • Multi-Vehicle Accident on Highway 880

    Kelly Balamuth
    7 Nov 2014 | 8:57 am
    On September 15, 2014, nine people were injured when an SUV lost control and hit the center divider on Highway 880 near San Leandro, according to local NBC news.  A big rig loaded with concrete that was driving nearby could not stop in time when the accident occurred and hit the center divider as well, sending the concrete flying. Over ten cars were involved in the domino effect that followed.  Many of the cars were badly crumpled and some caught on fire.  Three people were critically injured and one had to be air-lifted from the scene. When driving on the freeway, motorists must rely on…
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    New Jersey Injury Attorney Blog

  • Fair Haven Councilman Killed in Bicycle Accident

    8 Dec 2014 | 2:04 pm
    Fair Haven Councilman Jerome Koch, 63, suffered fatal injuries when a car struck his bicycle. According to an news report, the fatal bicycle accident occurred on River Road near Elm Place in Fair Haven. He was pronounced dead the day after the crash at Jersey Shore University Medical Center in Neptune. It is unclear what caused the crash, but it does not appear from the report that the driver will face citations for the crash. Even skilled and experienced riders can suffer fatal injuries in the event of a crash. Bicyclists are simply not provided enough protection to survive a major…
  • New Jersey Motorcyclist Killed by Deer

    4 Nov 2014 | 9:15 am
    A 36-year-old Hillsborough man was killed in a New Jersey motorcycle accident when his 2008 BMW R12 collided with a deer. According to a news report, the fatal motorcycle crash occurred near the former Gibraltar Rock Quarry entrance on County Route 601 in Montgomery Township. Officials say he was ejected from his motorcycle after colliding with a deer. He was treated at the scene and admitted in extremely critical condition in New Brunswick. Later that day, he died from his injuries. As the temperature begins to drop, we can expect an increase in the number of deer-related traffic…
  • 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.
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    Loyalty Law

  • The Most Blunderful Time Of The Year
    21 Dec 2014 | 10:29 am
    As we come up to Christmas, please bear in mind that this really is the most blunderful time of year. Crowded houses, crowded pubs, sharpened knives and scalding hot grub... The post The Most Blunderful Time Of The Year appeared first on Loyalty Law.
  • Who Is At Risk From ‘Lazy Expert Syndrome’?
    18 Dec 2014 | 5:52 am
    ‘Lazy Expert Syndrome’ is a phrase coined by the people over at Riskology that essentially amounts to ‘complacency’, but their article is well worth a read for some concrete, real... The post Who Is At Risk From ‘Lazy Expert Syndrome’? appeared first on Loyalty Law.
  • Five Serious Legal Cases Trivialised By The Media
    4 Dec 2014 | 3:19 am
    It’s no secret that the media can be a bit callous in pursuit of a good story, and in law stories especially there’s often an urge to simplify and dramatise... The post Five Serious Legal Cases Trivialised By The Media appeared first on Loyalty Law.
  • Could You Seek Compensation For Injuries Incurred On Black Friday?
    2 Dec 2014 | 9:26 am
    Black Friday is something of a new and unknown quantity for British shoppers, so the ferocity with which some people approached the day of bargain-hunting was incredibly surprising to many.... The post Could You Seek Compensation For Injuries Incurred On Black Friday? appeared first on Loyalty Law.
  • Symptoms Of Common Work Injuries And Illnesses
    22 Nov 2014 | 9:33 am
    Spotting the early signs of some common work injuries can help you discuss your situation with your employer, change your work habits, or get help more quickly. Here are some... The post Symptoms Of Common Work Injuries And Illnesses appeared first on Loyalty Law.
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    Strictly Business

  • Venture Capital Term Sheet Negotiation — Part 17: Non-Competition and Non-Solicitation Agreements

    Casey W. Riggs
    18 Dec 2014 | 2:23 pm
    This post is the seventeenth in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior fifteen posts, we provided an introduction to negotiation of the term sheet and discussed binding and non-binding provisions and discussed valuation, cap tables, and the price per share, dividends on preferred stock, liquidation preferences, the conversion rights and features of preferred stock, voting rights and investor protection provisions, anti-dilution provisions, anti-dilution carve-outs and “pay to play”…
  • Venture Capital Term Sheet Negotiation — Part 16: Closing Conditions and Expenses

    Alexander J. Davie
    17 Nov 2014 | 10:11 am
    This post is the sixteenth in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior fifteen posts, we provided an introduction to negotiation of the term sheet and discussed binding and non-binding provisions and discussed valuation, cap tables, and the price per share, dividends on preferred stock, liquidation preferences, the conversion rights and features of preferred stock, voting rights and investor protection provisions, anti-dilution provisions, anti-dilution carve-outs and “pay to play”…
  • Venture Capital Term Sheet Negotiation — Part 15: Rights of First Refusal and Co-Sale

    Casey W. Riggs
    9 Nov 2014 | 3:05 pm
    This post is the fifteenth in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior fourteen posts, we provided an introduction to negotiation of the term sheet and discussed binding and non-binding provisions and discussed valuation, cap tables, and the price per share, dividends on preferred stock, liquidation preferences, the conversion rights and features of preferred stock, voting rights and investor protection provisions, anti-dilution provisions, anti-dilution carve-outs and “pay to play”…
  • Venture Capital Term Sheet Negotiation — Part 14: Representations and Warranties

    Alexander J. Davie
    30 Oct 2014 | 2:12 pm
    This post is the fourteenth in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior thirteen posts, we provided an introduction to negotiation of the term sheet and discussed binding and non-binding provisions and discussed valuation, cap tables, and the price per share, dividends on preferred stock, liquidation preferences, the conversion rights and features of preferred stock, voting rights and investor protection provisions, anti-dilution provisions, anti-dilution carve-outs and “pay to play”…
  • Venture Capital Term Sheet Negotiation — Part 13: Drag-Along Rights

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

  • 2014-2015 Phoenix Holiday and East Valley DUI Task Force

    19 Dec 2014 | 9:10 am
    Many Phoenix residents are familiar with the annual Holiday DUI task force, which consists of increased police efforts to curb drinking and driving throughout metro Phoenix. Valley residents can expect heightened police surveillance on many roads, with officers pledging to be more vigilant in pulling drivers over for otherwise minor traffic infractions. This activity has real consequences; in 2012, DUI task forces arrested more than 4,000 drivers on suspicion of DUI. The 2014 DUI task force starts at Thanksgiving and runs through the New Year Holiday 2015. If you’ve been drinking and…
  • Man arrested second time for stabbing stranger in Phoenix

    14 Nov 2014 | 3:14 pm
    PHOENIX – 27-year-old Christopher Gale was arrested on Sunday for a second time on suspicion of aggravated assault and attempted first-degree murder. The incident took place at a Phoenix Walgreens store. According to police reports, the crime actually occurred in September 2013 when Gale stabbed a stranger using an eight-inch knife he had bought from a Walmart store just a few hours before the stabbing. He went to a Walgreens store about four miles away from the Walmart store, approached a woman who was shopping and stabbed her in the neck from behind. The woman started screaming and…
  • Coming to Super Bowl XLIX: What are the Arizona DUI Laws?

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

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

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

  • Pedestrian Fatally Injured on Interstate 40

    Maples Law Firm
    15 Dec 2014 | 12:28 am
    A 58-year-old resident of Oklahoma City was recently killed after being struck by a pick-up truck. The man was hit while he was trying to cross eastbound Interstate 40 near Morgan Road. An official on the scene described it as “pretty horrific” and “the worst he’s ever seen.” While it is unclear who was at fault at this juncture, there is no denying how dangerous a moving car can be. Without the protection of a metal frame, seat belts or airbags, pedestrians usually suffer severe injuries in a vehicle accident. While crosswalks help indicate where pedestrians are legally allowed to…
  • Understanding the Impact of Cerebral Palsy

    Maples Law Firm
    11 Dec 2014 | 10:59 am
    Cerebral Palsy is a birth injury that affects one out of every 323 babies born, according to the Center for Disease Control and Prevention. Problems can arise before or during labor, and what may seem like a small mistake can cause a lifetime of disability for the child. Cerebral Palsy is usually caused by restricted oxygen flow to the infant. Whether it’s due to the baby’s size or a twisting of the umbilical cord, it is the job of the doctor to identify this problem efficiently and quickly so the proper steps can be taken. If lack of oxygen or another contributing factor was never…
  • Drive Safe This Holiday Season in Oklahoma

    Maples Law Firm
    24 Nov 2014 | 11:16 am
    Each year, tens of millions of people hit the road during the holiday season to celebrate good times with their loved ones. If you and your family are planning a get-together this year, it is important that you all remember to keep driving safety in mind in order to prevent this year’s festivities from becoming a tragic memory. Reach your destination without incident by following the simple safety tips below: Make sure your vehicle is good to go before you start your trip. Take it to the shop and make sure your car is tuned up and in good shape for travel. This is especially important if…
  • Know Your Rights as a Nursing Home Resident

    Maples Law Firm
    17 Nov 2014 | 4:21 pm
    Certified nursing homes in Oklahoma City and throughout the state are required to respect their residents’ rights and protections under federal and state law. Unfortunately, this is not always the case. Too many instances of nursing home abuse and negligence have been reported in recent years. In fact, the Sooner State has been deemed one of the worst in the country when it comes to the quality of our assisted care facilities. This is a drastic issue that needs to be addressed by legislators in prompt fashion. Until the state of our nursing homes vastly improves, it is primarily up to…
  • OKC Student in Critical Condition after Campus Collision

    Maples Law Firm
    10 Nov 2014 | 12:28 pm
    According to a report by, on the morning of November 7, an Oklahoma State University student was hit by a pickup truck while riding his bicycle on campus. Later in the afternoon, he was reported to be in critical condition. Authorities stated that the accident occurred around 9:30 a.m. at the intersection of Washington Street and Hall of Fame Avenue. Reportedly, the driver of the pickup, a fellow student, was turning left onto Hall of Fame Ave. eastbound when the bicyclist came from the north and collided into the right front corner of the pickup. The bicyclist was allegedly…
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    » Blog

  • Premises Liability During the Holidays

    Jay Solnick
    17 Dec 2014 | 2:51 pm
    This year, the Black Friday failed to live up to the usual hype that surrounds the shopping “holiday.” The New York Times reported that sales through the Black Friday weekend holiday dropped 11% from the numbers recorded in 2013. The Times also estimated that 5.2% fewer people actually hit the shops, whether online or in person this year as well. Stores and Premises Liability Fewer people physically visiting stores could be due to a number of things: improved online shopping experiences, economic concerns or the fear of injury. Aggressive behavior resulting in death or serious injury has…
  • Auto Accident Litigation: The Basics

    Jay Solnick
    12 Dec 2014 | 12:22 pm
    If you or anyone you know has been injured or killed in an auto accident, you may be thinking of bringing a legal claim. But when is filing suit appropriate? How long do you have to file suit after an accident? What types of things can you expect if you decide to litigate the matter? These are all important questions that should be considered before deciding to take legal action to rectify damages. The civil justice system seeks to make people “whole”; the idea is that someone or something took an action that led to the injury or death of another person. The system is designed to…
  • Workers’ Compensation Reform Seeks to Protect Workers and Employers

    Jay Solnick
    10 Dec 2014 | 12:47 pm
    Pennsylvania presently has one of the highest workers’ compensation insurance rates for employers in the country. This fact raises the possibility that important resources will be allocated to pay for costs instead of increasing the availability of treatment and funds for those injured employees entitled to benefits. Fortunately, a new reform, signed into law by the Governor late last month, aims to mend what has been considered a “loophole” regarding prescription drugs and will also decrease narcotics dependency among prescription drug users. The Law in Pennsylvania As written, the law…
  • Employee Rights: Workers’ Compensation

    Jay Solnick
    5 Dec 2014 | 2:53 pm
    If you or anyone you know has been injured on the job, you can relate to how frightening it can be. The physical pain of an injury, the emotional toll on your family, and the financial questions that arise can all make you question your future. When will I be able to work again? What if I am unable to work again? How will I support my family? While the process of understanding and applying for workers’ compensation can be frightening, the Pennsylvania Department of Labor and Industry tries to lay everything out as clearly and concisely as possible so that you can understand your rights and…
  • Winter Is Coming: Early Snow in Pennsylvania

    Jay Solnick
    3 Dec 2014 | 2:05 pm
    Though we are still waiting for the official winter season to begin, Pennsylvania has already been plagued by heavy snowfall that remind us all of what is soon coming. Recently, Erie, Pennsylvania was hit with nearly a foot of snow. This is the most ever recorded snowfall in this area this early in the winter season. This storm grounded planes and caused several car accidents. What the Pennsylvania Department of Transportation noted as “a tough start to the winter season” is only going to get worse. Though freeways were shut down and accidents occurred, no serious injuries have been…
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    Baron & Budd, P.C. | Protecting What's Right

  • Mesothelioma Lawyers Baron and Budd Highlight Young North Texas Woman’s Mesothelioma Diagnosis

    Baron & Budd
    18 Dec 2014 | 2:29 pm
    DALLAS–(BUSINESS WIRE)–The case of a young North Texas woman diagnosed with mesothelioma highlights the risk of developing the disease through secondhand exposure to asbestos, the mesothelioma law firm of Baron and Budd reports. Mesothelioma is a cancer that can attack the lining of the lungs, the abdomen, and, in some cases, the heart. It is only caused by exposure to asbestos – tiny fibers that can be either inhaled or ingested. Despite the well-documented cancer risk, asbestos is still not fully banned in the United States. A December 1, 2014 article in the San Antonio…
  • Mesothelioma Law Firm Baron and Budd Reports Promise of Modified Cells to Fight Mesothelioma

    Baron & Budd
    10 Dec 2014 | 11:43 am
    White Blood Cells Kill Mesothelioma Tumors, Keep New Ones from Forming in Mice DALLAS (Dec. 9, 2014) – Researchers at the Memorial Sloan Kettering Cancer Center in New York have found that injecting mice with genetically modified white blood cells not only killed existing mesothelioma tumors, but also kept new tumors from forming, reports the mesothelioma law firm of Baron and Budd. The results of their work were published in the November 4, 2014 issue of Science Translational Medicine. According to a November 5, 2014 article in the Los Angeles Times, the injected cells successfully fought…
  • Environmental Law Firm Baron & Budd Says Decision of High Court Vindicates BP Oil Spill Plaintiffs

    Baron & Budd
    10 Dec 2014 | 11:28 am
    Baron and Budd represents companies, individuals and public entities harmed by the Gulf Oil Spill DALLAS, December 9, 2014 — Yesterday’s decision by the U.S. Supreme Court to deny BP’s petition to reopen the Deepwater Horizon oil spill settlement agreement that BP signed in 2010 is a victory for residents and businesses in the affected Gulf of Mexico region, according to Dallas-based national law firm Baron & Budd, P.C., a leader in environmental litigation. "The high court’s decision vindicates plaintiffs throughout the Gulf," said Baron & Budd attorney…
  • NCCN Guidelines for Patients®: Malignant Pleural Mesothelioma, Presented with Support from Mesothelioma Law Firm Baron and Budd, Now Available on

    Baron & Budd
    25 Nov 2014 | 8:54 am
    Patient-Friendly Cancer Treatment Guidelines Also Available on Website Covering Several Other Forms of Cancer November 21, 2014 DALLAS — The National Comprehensive Cancer Network® (NCCN®),  a not-for-profit alliance of 25 of the world’s leading cancer centers devoted to patient care, recently announced that printed versions of the NCCN Guidelines for Patients® are now available through, the mesothelioma law firm of Baron and Budd reports. These patient-friendly resources, translations of the NCCN Clinical Practice Guidelines in Oncology…
  • Pharmaceutical and Environmental Law Firm Baron and Budd Now Accepting Power Morcellator Lawsuits

    Baron & Budd
    21 Nov 2014 | 2:45 pm
    Medical Devices Linked to Increased Risk of Cancer in Women Undergoing Hysterectomies and Other Gynecological Surgeries DALLAS November 21, 2014 – The national pharmaceutical law firm of Baron and Budd is now accepting cases on behalf of women who underwent hysterectomies and other gynecological surgeries and were harmed by the use of a power morcellator during their procedure. The device – which, according to a report in The Wall Street Journal, is used in between 55,000 and 75,000 hysterectomies in the U.S. per year – has been linked to an increased risk of cancer.
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    Protecting What's Right

  • The 12 Days of Christmas: The Mesh Warrior’s Guide to Handling the Holidays

    Aaron Horton
    12 Dec 2014 | 8:29 am
    Our lives are not the same since polypropylene mesh invaded every inch of our family’s space and time. Mesh-injured women, men, and family members all over the globe are trying to put the pieces of shattered paradigms back together, and it seems to be much more difficult around holidays. We have to admit our new normal if we wish to move towards the hope of a better future. If your family is anything like mine, mesh entered our lives and made its home as an uninvited member, who shamelessly claimed a spot at our table and now refuses to leave. The mesh monster is a very unwelcome and…
  • “I’m Fine”

    Rachel Brummert
    11 Dec 2014 | 9:54 am
    Under these two words that sound positive hides a darker, hidden truth. With Fluoroquinolone Toxicity, it can mean: "I’m not okay" "I’m in pain" "I’m having brain fog and I feel like my brain doesn’t work" "My joints/tendons are flaring" "I don’t know how to ask for help" "I’m worried you will judge me if I tell you how horrible I am feeling" "I’m pushing through anxiety" "I’m scared you are tired of hearing me be honest about what is happening to me" I am guilty of…
  • Holiday Shoppers Beware: Forced Arbitration May Be Part of the Package

    Baron & Budd
    28 Nov 2014 | 6:05 pm
    The premise of Thanksgiving weekend shopping is simple: SAVE. Paired with the increasingly popular “Cyber Monday” that follows, this weekend sees a whole lot of sales. But be careful what you wish for — and buy. Because, while taking advantage of the big deals has its advantages, there are some serious disadvantages that you need to be aware of. Yep. We’re going there again. Forced arbitration. Here’s why: Big, well-known retailers like Verizon, Neiman Marcus and Amazon often include a “little white line”- or two. These “little white lines”…
  • This Thanksgiving We Are Grateful For You

    Baron & Budd
    26 Nov 2014 | 9:29 am
    Seems like we’ve been hearing a lot of bad news lately, both in the actual news media and on our Facebook pages, Twitter feeds and the endless blogs we come across and share with friends. Enough!— We’re bound to say after a long week with too many harsh realities and even harsher opinions online. Because of all the harsh, we try to keep things hopeful on our page. We try to focus on the things you can do as a citizen, patient or consumer to better our world and we try to put our anger, fears and frustrations into actionable steps. We focus on seeking justice by holding negligent…
  • The Uglier Side of Fluoroquinolone Toxicity…and How I Am Turning It Around

    Rachel Brummert
    24 Nov 2014 | 12:14 pm
    Rachel Brummert is Executive Director and President of Quinolone Vigilance Foundation. Ms Brummert has been directly affected by the drug Levaquin and continues to fight for other victims.In 2006 I sat on the exam table at my primary care physician’s office, feeling utterly miserable. My face felt like it was filled with concrete, I was congested, and my throat felt thick. I left the office feeling hopeful because I’d be feeling better in a few days. With a prescription for Levaquin in hand, I went about the rest of my day by having it filled at the pharmacy, and came home to…
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    Hardwick & Pendergast - Seattle Personal Injury and Car Accident Attorneys

  • Bicyclist Injured in Seattle Crash

    Hardwick & Pendergast, P.S.
    15 Dec 2014 | 12:44 pm
    A man was injured in a Seattle car accident when a white Toyota Prius struck his bicycle. According to a KIRO-TV news report, the bicycle accident occurred on Third Avenue at James Street in downtown Seattle. Officials say the car struck his bicycle, but they have not released information regarding who may have been at fault. He was bleeding from his head when medics arrived but was able to sit up on his own. It is unclear how hurt he was or if the driver will face a citation for the accident. Bicyclists have the same rights and responsibilities as drivers of other vehicles. So, when a…
  • Woman Injured in Seattle Bus Accident

    Hardwick & Pendergast, P.S.
    5 Dec 2014 | 2:09 pm
    A 60-year-old mother was injured when her daughter turned their vehicle into a Metro bus in the west side of lower Queen Anne. According to a KOMO news report, the bus accident occurred on Elliott Avenue West at Harrison in Seattle. Officials say the victim’s daughter did not see the bus in the bus lane before turning left. The mother had to be extricated from the car, and was transported in stable condition to a nearby hospital. None of the passengers on the bus were injured. Many of the most devastating Seattle intersection accidents involve vehicles turning left at intersections,…
  • Bicyclist Injured in Puyallup Crash

    Hardwick & Pendergast, P.S.
    3 Dec 2014 | 8:03 am
    A bicyclist was rushed to the hospital after being involved in a Washington car accident that remains under investigation. According to a KOMO news report, the bicycle accident occurred at the Puyallup Fairgrounds along 9th Avenue SW between South Meridian and Fairview Drive. Officials say the car slammed into the rider before crashing into a business and fence. The bicyclist was hospitalized, but it is not clear from the report how serious the injuries were. It is also unclear what caused the driver to veer out of control or if the motorist will face charges for the crash. A review of the…
  • Drunk Driver Causes Head-On Collision

    Hardwick & Pendergast, P.S.
    17 Nov 2014 | 11:42 am
    A woman was injured in a Tacoma car accident when the 2004 Honda Accord in which she was riding was struck head-on by a 2011 Toyota RAV4 that was going in the wrong direction. According to a KOMO News report, the wrong way accident occurred on the Interstate 5 in Tacoma. Officials say the 86-year-old driver of the Toyota was under the influence of alcohol when he crashed into a 2008 Dodge Caravan and the Honda Accord. The Tulalip woman in the Accord suffered non-life-threatening injuries. The 86-year-old driver was arrested and booked for DUI and vehicular assault. Under Washington Statute…
  • Pedestrian Struck by Van in Bremerton

    Hardwick & Pendergast, P.S.
    10 Nov 2014 | 1:18 pm
    An elderly man is in critical condition after being struck by a car in front of a 7-Eleven store. According to a Kitsap Sun news report, the pedestrian accident occurred on Wheaton Way in Bremerton. Officials say the man was crossing the roadway when a large van struck him. He was thrown onto the hood before rolling off onto the roadway. The driver remained at the scene and called 911. The pedestrian has been listed in critical condition. Under Washington State Statute 46.61.235, vehicles must stop at intersections for pedestrians who are within a marked or unmarked crosswalk. Furthermore,…
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    Farah and Farah Legal Blog

  • Teen Shooting in Jacksonville

    Farah & Farah
    11 Dec 2014 | 5:00 pm
    On Wednesday, December 10 at 6:30 a.m. a Jacksonville teenager was shot to death waiting for the school bus that would have taken him to Raines High School. The victim, a 16-year-old boy was killed on Canal Street in the Grand Park neighborhood, where neighbors heard as many as 15 shots fired. The boy’s classmates were sent fleeing for cover from the multiple shots. Currently, the authorities have not identified a motive for the shooting. The community is reeling after the brazen attack as this marks the 11th killing of a juvenile after a rash of homicides in Jacksonville this year. Police…
  • Hit-And-Run Victim Remains Critical

    Farah & Farah
    1 Dec 2014 | 3:22 pm
    A Gainesville man remains in critical condition and the individual who struck him is still on the loose following a hit-and-run accident over the weekend. Florida Highway patrol responded to an accident scene on Sunday afternoon around 5pm in which a 53-year-old cyclist was rear-ended by a vehicle along 122nd St. The man was riding north along what is commonly referred to as Parker Road when a car, that witnesses claim to be a white Oldsmobile, struck him from behind then sped off. The victim was taken to University of Florida Health where he remains in critical condition. Hit-and-run…
  • Takata Airbags And What You Should Know

    Farah & Farah
    18 Nov 2014 | 11:31 am
    In yet another boondoggle for consumers, Honda, GM, BMW and other automakers have begun recalling nearly eight million cars because of potentially defective airbags installed between 2002 and 2008 by safety parts manufacturer, Takata. If stored in climates with relatively high humidity, the airbags have the potential to explode with significantly more force in an accident and cause metal within the device to fly out like grenade shrapnel. The faulty bags line the dashboards, steering wheels and door interiors of suspected vehicles – making it a veritable kill-box should there be an…
  • Outdoor Meth Lab Busted

    Farah & Farah
    17 Nov 2014 | 4:24 pm
    A potential methamphetamine cook site was rounded up Saturday afternoon just outside of Palatka. Arresting officers responded to a complaint of loud voices and arguing in a wooded area near a neighborhood residence. On the scene, Officer A.J. Flateau of Palatka Police Department encountered a man in a makeshift -campground. Along with a variety of pill holders, freshly cut wood and an active fire, police uncovered a laundry list of ingredients used in the creation of homemade methamphetamine. Evidence included drain cleaner, batteries, a pill grinder, Pseudoephedrine pills, a digital scale…
  • Real Scares for Horror Cruisers

    Farah & Farah
    4 Nov 2014 | 9:29 am
    In a harrowing turn of events on Friday night, a Celebration Cruise Liner entitled the – Halloween Horror Cruise – struck an unknown object in the waters off the Coast of Grand Bahamas Island, leaving the craft dead in the water. Immediately following the collision, the ship quickly lost power, leaving passengers in a pitch black and slowly titling vessel. Many witnesses assumed it was all part of the act, but quickly discovered that the darkened hallways and repeated evacuation warnings were no trick. Worry quickly turned to panic as many passengers looked to the Celebration crew for…
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    Pennsylvania Family Law Blog - The Law Offices of Sheryl R. Rentz

  • Top Questions to Ask a Divorce Lawyer

    Sheryl Rentz
    16 Dec 2014 | 10:12 am
    There’s no doubt that your mind is going a mile a minute if you are facing a divorce. There’s a lifetime worth of responsibilities, possessions and memories to unravel on top of the confusing, overwhelming emotions you must be experiencing. But when the time comes to choose your representative in the split, it’s important to suss out the average from the exceptional. The outcome, and your future, will depend on it. Even if this is not your first time meeting a lawyer, it’s important to ask plenty of questions during your consultation and to be prepared ahead of time. In the moment, it…
  • Managing Holiday Stress during a Divorce

    Sheryl Rentz
    9 Dec 2014 | 9:48 am
    The holidays are a major source of stress for thousands of families in Pennsylvania. In addition to an already hectic work week, parents try to fit in as much shopping, gift wrapping, traveling and quality time with the children as possible. But when parents are navigating a divorce, the typical holiday rush is more than just nerve-racking; it can be downright panic inducing. In order to help reduce the pressure and anxiety this season, remember to slow down, take a breath, and follow these simple steps. Less is more. This festive time of year often means trying to make room for everything…
  • Finding Hidden Assets During Your Divorce

    Sheryl Rentz
    24 Nov 2014 | 5:34 am
    Unfortunately, for many couples entering the divorce process, even before the official documents have been served, many spouses begin looking for ways to keep money or other assets away from the other spouse. This often means that one (or both!) spouses try to hide financial information. If you believe that your spouse is hiding assets from you at any point in the divorce, do not hesitate to speak with a knowledgeable Pennsylvania divorce lawyer. The best way to protect your rights and future well being is to evaluate what assets belong to the marriage and work to ensure that you receive your…
  • How to Navigate a High Asset Divorce involving Children

    Sheryl Rentz
    11 Nov 2014 | 8:06 am
    Every divorce case is as unique as the individual people involved, and if there are young children to consider, the complications can become even more overwhelming. In the event that both parties share significant assets, the stakes become that much more difficult to navigate. If you are considering filing for divorce or have been served divorce papers, the first step should be to contact an experienced and qualified attorney to represent your interests. Your lawyer will work on your behalf to protect your interests as well as those of your children. When high-assets are involved, you deserve…
  • Are there Legal Options for Preventing a Divorce?

    Sheryl Rentz
    3 Nov 2014 | 5:02 am
    One of the most commonly cited reasons for divorce in the United States involve financial issues. And it’s not surprising. The topic of money can create tension between even the most agreeable couples. But in a day and age where divorce seems to be unavoidable, are there any options for steering clear of the financial pitfalls that break up so many committed relationships? Whether you are about to walk down the aisle or have been married for decades, here are a few legal options for preventing arguments about money from becoming threats of divorce. Prenuptial agreements – It may seem…
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    About Florida Lawyers & Attorneys

  • Sacramento lawyer recovering after brutal beating in New Orleans –

    Lawyer - Google News
    21 Dec 2014 | 5:05 pm Sacramento lawyer recovering after brutal beating in New OrleansNews10.netA longtime Sacramento lawyer is recovering after he was brutally beaten in New Orleans last week. Bill Callaham was in New Orleans to speak at a legal conference, which he's done many times before. So, it wasn't out of the ordinary for him to go out on …Visiting lawyer badly beaten in CBD attackWWLNorthern California lawyer beaten but not robbed in New OrleansSan Jose Mercury NewsLawyer back home after attack in NolaKLFYCBS Local -SunHerald.comall 26 news…
  • Jameis Winston cleared in FSU Code of Conduct case –

    Lawyer - Google News
    21 Dec 2014 | 4:48 pm Jameis Winston cleared in FSU Code of Conduct caseCBSSports.comJameis Winston was not found to be in violation of FSU's Code of Conduct Jameis Winston will be playing against Oregon in the Rose Bowl on New Year's Day. (USATSI). Florida State quarterback Jameis Winston will not face any discipline from the school …and more »
  • Dunedin Florida Criminal Defense Lawyer

    Florida's Top Rated Attorney
    21 Dec 2014 | 4:38 pm
    The Best Dunedin Florida Criminal Defense Lawyer in Florida can be found by visiting The Best Dunedin Florida Criminal Defense Lawyer in Florida can be found by visiting The attorneys at the Dunedin Florida Legal Offices are merely the most fantastic caliber legal firm that can be contracted in Florida. Whenever you are in trouble and call for a high quality Law team to be behind you, then the Law Offices of Dunedin Florida are the ones you must call. From high profile cases to timely motions, this team of attorneys have proven that they are…
  • Jameis Winston Is Cleared in Florida State Hearing – New York Times

    Florida lawyer - Google News
    21 Dec 2014 | 4:21 pm
    New York Times Jameis Winston Is Cleared in Florida State HearingNew York TimesJameis Winston has been cleared of violating Florida State's student code of conduct after a hearing involving a 2012 rape accusation by a female student. Winston's lawyer David Cornwell on Sunday released part of the decision by Major B. Harding, …Jameis Winston cleared in FSU Code of Conduct caseCBSSports.comFlorida State's Jameis Winston cleared in code of conduct hearingUSA TODAYJameis Winston cleared by Florida State of violating code of conductLos Angeles TimesYahoo Sports…
  • Bill Cosby’s Lawyer Desperately Tries To Explain Cosby’s ‘Neutral Black Media … – New Pittsburgh Courier

    Lawyer - Google News
    21 Dec 2014 | 12:48 pm
    New Pittsburgh Courier Bill Cosby's Lawyer Desperately Tries To Explain Cosby's 'Neutral Black Media …New Pittsburgh CourierWell now, Cosby's lawyer, John P. Schmitt has released a statement in an attempt to clarify that statement: “Mr. Cosby's comments to Stacy Brown which were reported in the New York Post on December 14 continue to be misconstrued in a way that can only …and more »
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    PA Law Blogs

  • Pennsylvania Lawyer Settles Hip Replacement Lawsuits

    Anapol Schwartz
    16 Dec 2014 | 7:06 am
    Pennsylvania personal injury attorney and Anapol Schwartz Shareholder Tom Anapol assisted in negotiating two metal-on-metal hip replacement lawsuit settlements. In April 2014, Anapol and co-lead counsel Mark Lanier negotiated a global settlement with Biomet that would provide a base award of $200,000 for people who needed their metal-on-metal hip implant replaced. The November 2014 Stryker hip replacement recall settlement was the largest in terms of base award. Stryker recipients who underwent a revision prior to November 3, 2014 are entitled to a $300,000 base award. Additional compensation…
  • Finding a Vaccine Injury Lawyer

    Anapol Schwartz
    15 Dec 2014 | 11:36 am
    Filing a vaccine injury claim is different than filing a personal injury lawsuit. All vaccine claims are filed in a centralized vaccine court in Washington, D.C. regardless of where the claimant resides. Claimants can hire a vaccine injury lawyer from any state. A complete list of vaccine attorneys is available through the vaccine claims court website created by the National Vaccine Injury Compensation Program (VICP). When selecting a vaccine attorney, victims and their families should consider a lawyer who is experienced in obtaining settlements involving the applicable vaccine and injury.
  • C4 Spinal Cord Injury Lawyer

    Anapol Schwartz
    11 Dec 2014 | 9:06 am
    C4 spinal cord injuries are among the most severe. A C4 injury occurs when the high cervical nerves in section four of the vertebrae are damaged. C4 spinal cord can injuries include: Paralysis in the arms, hands, legs and torso Difficulty speaking Inability to control bladder or bowel movements Quadriplegia Patients suffering from a C4 spinal cord injury may need assistance with simple activities such as eating, dressing, bathing and getting in and out of bed. This level of professional care can be expensive, especially if it’s necessary in the long-term. When a spinal cord injury is caused…
  • Guillain-Barré and the Flu Shot

    Anapol Schwartz
    11 Dec 2014 | 8:14 am
    Guillain-Barré Syndrome (GBS) is a rare adverse reaction to the flu vaccine. The majority of people who receive the flu vaccine will not develop GBS, but Guillain-Barré flu shot reactions can occur. When they do, a lifetime of medical bills is likely to follow. Guillain-Barré syndrome flu shot injuries can change a person’s life forever.  A healthy, independent person can instantly become paralyzed and require assistance to complete the simplest tasks. There is no cure for GBS, but therapy can lessen the severity. GBS flu shot victims may be entitled to compensation for physical therapy…
  • C5, C6, C7 and C8 Spinal Cord Injury Lawsuits

    PA Law Blogs
    9 Dec 2014 | 7:30 am
    Individuals involved in a car crash or a slip and fall can sustain a spinal cord injury if damage occurs to any part of the spinal cord or the nerves. The severity and location of the injury affect a person’s ability to control his or her limbs. The higher the location of the injury, the more serious a victim’s complications can be. The most severe spinal cord injuries occur when a person sustains damages to the high cervical nerves (levels C1 to C4). Damage to the lower cervical nerves (C5 to C8) may not be as severe as C1 to C4 spinal cord injuries, but C5, C6, C7 and C8 injuries can…
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    IMC Law Group

  • Repeat Bankruptcy Filings

    16 Dec 2014 | 11:25 am
    Repeat Filings: How Often Can You file, or Re-File, Bankruptcy? by: Jonathan Goldsmith Cohen Be sure to visit our Google Plus Page.  How Often Can You File Bankruptcy? If you have filed for bankruptcy before and received a discharge then the bankruptcy code specifies when you can file bankruptcy again and obtain a discharge. If you did not get a discharge in your previous bankruptcy case, then you can file for bankruptcy again without consideration of the time limits described below. You can file for bankruptcy twice or even three times, even if you have received a discharge. The key is that…
  • How To Get An Ex‐Spouses Name Off of A Mortgage

    2 Dec 2014 | 1:18 pm
    DIVORCED?  DIVORCING? HOW  TO  GET  YOUR  NAME  OR  YOUR  EX’S  NAME  OFF   OF  A HOME  MORTGAGE by: Jonathan Goldsmith Cohen Be sure to visit our Google Plus Page. According  to  the  CDC,  the  most  recent  Census  data  from  2011  states  that  45%  of   marriages  in  the  United  States  end  in  divorce.    Today,  December  2,  2014  the  New   York  Times  said  that  this  number  is  holding  steady  or  going  down  slightly,  but  not   increasing.  As  of  April  2014,  Bloomberg  News  reported  that  65%…
  • Debt Collection Post Bankruptcy

    14 Nov 2014 | 3:13 pm
    DEBT COLLECTION POST BANKRUPTCY DISCHARGE AND YOUR CREDIT REPORT This week, I read a great New York Times article entitled “Debts Canceled by Bankruptcy Still Mar Consumer Credit Scores.”  The article discusses illegal debt collection, something that I come across regularly in in my practice. In short, after a bankruptcy discharge from a personal Chapter 7 Bankruptcy or Chapter 13 Bankruptcy, no debt collector can demand payment from you for debts. The bankruptcy discharge…
  • How To Avoid Bank Levies

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

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

  • Sonn|Erez Investigating Claims Involving Former LPL Broker Jon "Larry" Cox

    15 Dec 2014 | 7:39 pm
    Sonn|Erez is investigating claims regarding Jon "Larry" Cox (CRD # 2073950, Knoxville, TN), who has been named a respondent in a FINRA complaint charging he failed to respond to FINRA requests for information following his termination from employment with LPL Financial, LLC. Cox became registered with LPL Financial in May 2001. Cox was a registered representative and registered principal in Knoxville, Tennessee. LPL terminated Cox on January 22, 2014 and the Form U5 filed by LPL with FINRA to terminate Cox's registration stated that the reason as "violation of firm policy regarding outside…
  • FINRA Fines Popular Securities $125,000 for Deficient Supervisory System and Procedures Related to Sales of Puerto Rico Securities

    15 Dec 2014 | 1:37 pm
    FINRA recently announced that it has fined Popular Securities, Inc., now known as Popular Securities, LLC, $125,000 for supervisory failures related to sales of Puerto Rico Securities between July 1, 2011 and June 30, 2013. During this time period, customers of Popular Securities purchased concentrated positions in Puerto Rico municipal bonds and Puerto Rico closed end funds. FINRA found that Popular Securities failed to establish, maintain, and enforce a supervisory system and procedures reasonably designed to identify and review concentrated securities purchases, including Puerto Rico…
  • FINRA Fines 10 Firms a Total of $43.5 Million in Connection With Toys"R"Us IPO

    11 Dec 2014 | 7:02 am
    FINRA recently announced that it has fined 10 firms a total of $43.5 million for permitting their equity research analysts to solicit investment banking business and for offering favorable research coverage in connection with the 2010 planned initial public offering of Toys"R"Us. The firms and their respective fines are: Barclays Capital Inc. - $5 millionCitigroup Global Markets Inc. - $ 5millionCredit Suisse Securities (USA), LLC - $5 millionGoldman, Sachs & Co. - $5 millionJP Morgan Securities LLC - $5 millionDeutsche Bank Securities Inc. - $4 millionMerrill Lynch, Pierce, Fenner & Smith…
  • Sonn|Erez Investigating Claims Involving Aon Douglas Miller (Chattanooga, Tennessee)

    9 Dec 2014 | 4:28 am
    Sonn|Erez is investigating claims regarding Aon Douglas Miller (CRD #3083225, Chattanooga, Tennessee). Miller recently was names as a respondent in a FINRA complaint alleging that he participated in private securities transactions with various entities in which four of his member firm's customers invested a total of $1,550,000. At no time were the entities in which Miller solicited customer investments approved by his member firm, Benjamin F. Edwards & Co., Inc., nor did Miller provide prior written notice or a complete description of the investment to his firm regarding any of the…
  • Citigroup Global Markets Inc. Fined $15 Million by FINRA for Supervisory Failures Regarding Equity Research and IPO Roadshows

    5 Dec 2014 | 5:44 am
    FINRA recently announced that it has fined Citigroup Global Markets, Inc. $15 million for failing to adequately supervise communications between its equity research analysts and its clients and Citigroup sales and trading staff, and for permitting one of its analysts to participate indirectly in two road shows promoting IPOs to investors. "In this case, Citigroup did not enforce the boundaries of permissible communications to ensure that its analysts did not provide certain clients with improper access to non-public research information. Investment banking and research departments are…
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    Broward Injury Lawyer Blog

  • Holidays Increase Car Accident Risk

    20 Dec 2014 | 8:15 am
    On Christmas Eve, 2013, a mother and grandmother anxiously waited for a 9-year-old girl to arrive. Her father was to bring her over, and they planned to make gingerbread houses and set out cookies for Santa. But the little girl never made it. Her father, 27, was drunk, lost control of the vehicle and smashed into a tree. The roof of the vehicle was crushed. It took rescue crews 45 minutes to extricate him from the vehicle. It was only then they realized the 9-year-old girl in the back seat. She was pronounced dead at the scene. Her father's blood-alcohol content was 0.137 percent - well above…
  • Florida Dram Shop Law Doesn't Bar Drunk Driver Injury Claims

    10 Dec 2014 | 6:31 am
    For some, it rattles the conscience to think a drunk driver or his survivors could sue someone else for his involvement in a crash. However, there are some instances where the argument for this is legally sound. Some cases may involve Florida Dram Shop laws. In other instances, it may be rooted in a simple theory of general negligence. In any case, an injured driver who was impaired at the time of a crash is going to face an uphill battle to prove the cause of the crash and to limit his own personal liability for what happened. Our experienced Fort Lauderdale DUI injury lawyers know such…
  • Courts Deal Harshly With Evidence Spoliation in Injury Cases

    5 Dec 2014 | 5:44 am
    There is an old saying: "the truth speaks for itself." In a court of law, that isn't exactly the way it works. The truth matters, of course. But what matters equally is what can be proven. For personal injury victims, this means you must have two things: An attorney who can effectively present the truth about your case to the court and ample evidence to back your assertions. Because evidence is so critical, there may be some incentive for one side or the other to "lose" critical elements of it. Sometimes, it's an accident. Other times, it's intentional. This is called spoliation of evidence,…
  • Colombo v. BRP US, Inc. - Boat Injury Verdict Upheld

    30 Nov 2014 | 10:52 am
    Water recreation is one of the primary draws for Florida vacationers. However, there is a lot that can go wrong when it comes to motorized watercraft. Consumers trust that when they get on a boat or jet ski, the machine will work as intended and will not be unreasonably unsafe for use. Unfortunately, not all manufacturers and distributors adhere to strict safety guidelines. There is also a high potential for operator error, particularly given the lax standards and enforcement for Florida boat licensing and commercial water craft operation.
  • Child Hotel Injury Lawsuit Will Proceed to Trial

    25 Nov 2014 | 12:05 pm
    A five-year-old child vacationing with his family suffers a serious fall from a hotel window, causing him to incur critical, debilitating injuries, including brain trauma. Who is responsible? A California appellate court recently granted the family the right to present a case at trial that the hotel was responsible for negligence and failing to address a known dangerous condition on its property. This was a reversal of an earlier trial court summary judgment favoring defendants, who argued they had no duty of care to the child and the accident was caused by parents' failure to supervise,…
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    Chicago Immigration Lawyer Blog

  • U Visa - Filing for Derivative Family Members

    28 Nov 2014 | 1:04 pm
    We recently discussed U visa eligibility on the blog and noted that this type of nonimmigrant visa provides relief to victims of qualifying crimes by granting them temporary legal status and work authorization in the U.S. for 4 years. The form you must complete is a Petition for U Nonimmigrant Status, Form I-918. There is no cost for filing this form. The types of evidence you may submit to prove that you are a victim of direct and proximate harm from a qualifying criminal activity include, but are not limited to: Police reports Court documents Trial transcripts News articles Orders of…
  • Violence Against Women Act (VAWA)

    21 Nov 2014 | 5:29 pm
    Unlawful immigrants who experience domestic abuse may be afraid to contact the police or get other types of help because of their status. However, certain victims of domestic abuse may have a path towards lawful status under the Violence Against Women Act (VAWA). VAWA allows certain battered spouses, children and parents of U.S. citizens and certain battered spouses and children of permanent residents who are abused by the U.S. citizen or permanent resident to file an immigrant visa petition for themselves without any involvement by their abuser. You may be eligible to self-petition if: Your…
  • Executive Action on Immigration Coming Soon

    14 Nov 2014 | 9:01 am
    The President plans to use his executive authority to overhaul U.S. immigration law unless Congress passes a comprehensive immigration reform bill by the end of the year. Despite protests from Republicans, the President is expected to announce a 10-point plan that could protect up to 5 million immigrants from deportation by the end of the year and as early as next week. According to Fox News, the 10 points of the President's plan are: 1) Expand deferred action for young illegal immigrants: President Obama created the Deferred Action for Childhood Arrivals (DACA) program in June 2012. To be…
  • Removing Conditions from a Conditional Green Card

    11 Nov 2014 | 11:41 am
    Permanent residence is not available to foreign nationals who marry U.S. citizens solely for immigration purposes. Immigration officers see such marriages as shams, so they are very careful about investigating marriage cases. As a result of these suspicions, if you have been married for less than 2 years when your permanent resident application is approved, you will receive a conditional permanent resident card. A conditional permanent resident card is valid for 2 years. In order to retain your permanent resident status, you must file a petition to remove the conditions within the 90 days…
  • Waiver for Removing Conditions from a Conditional Green Card

    4 Nov 2014 | 11:58 am
    If you have been married for less than 2 years when your permanent resident application is approved, you will receive a conditional permanent resident card. To remove the conditions, you must file a petition and submit evidence that your marriage was entered in good faith, and not for the purpose of evading U.S. immigration laws, within the 90 days before your card expires. We recently talked about the process of filing a Petition to Remove the Conditions of Residence, form I-751, jointly with your spouse if you and your spouse are still married. However, you can still apply to waive the…
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    Emergency Business Litigation

  • Video Interview: Discussing Nevada's Preliminary Injunction Against Uber on LXBN TV

    Tom Patterson
    17 Dec 2014 | 2:40 pm
    Following up on my recent post on the subject, I had the opportunity to discuss Uber being hit with a temporary injunction in Nevada with Colin O'Keefe on LXBN.  In the interview, I explain the basics of what happens and what it means for the future of the ridesharing service in the Silver State. 
  • Uber Hit with Preliminary Injunction in Nevada

    Tom Patterson
    2 Dec 2014 | 9:17 am
    Uber is a ride-sharing company based in San Francisco that has been operating in major cities worldwide since its inception. Uber’s growing market presence has been met with much controversy. At the forefront of this resistance are livery companies along with the state and local regulatory bodies that govern them. While the opposition insists that Uber is a transportation company subject to all the same rules and regulations as a taxi or limousine company, Uber maintains that it is a “technology company that facilitates communication between a contracted driver and a person…
  • A Blip in the Transmission: Part 2

    Adam Rutstein
    17 Mar 2014 | 8:06 am
    The second factor, whether there is a serious threat of irreparable harm, was, comparatively speaking, much more easily considered. While there is no assumption of harm for copyright claims in the 10th Circuit, the nature of a copyright claim does tend to make it easier for plaintiffs to prove this factor. Aereo argued that any financial damage they might have done to the plaintiffs were essentially insignificant, but the court found that appeal wanting, noting that one of the purposes of copyright is ensuring the exclusive control of the copyright material, so that the owner can ensure that…
  • A Blip in the Transmission: Part 1

    Adam Rutstein
    9 Mar 2014 | 8:00 am
    When technology changes the law often struggles to keep up. For decades, television was ruled by broadcast channels, free of charge to anyone with a television and, because of technological limitation, local affiliates were often tied to a major national network. While that has changed drastically in the intervening years, the copyright laws of America have not matched this technological evolution, creating various areas of uncertainty where old laws do not fit snugly against newer ideas. Aereo is a company that has developed a way to allow people, for a fee, to watch broadcast television on…
  • On the Farm

    Adam Rutstein
    28 Feb 2014 | 2:33 pm
    A preliminary injunction can be a powerful tool, but it is important to remember that it is only a piece of a larger puzzle. In a recent Illinois Appellate Court decision, Moreland et al v. Scott et al., 2014 IL App. (5th) 130362-U, a preliminary injunction was vacated because of other defects in the case. The case centered on the disposition of a plot of farmland in Christian County, located near the middle of Illinois. A man had leased the land to his brother and nephew for a three-year term, but had died shortly after executing the lease. His widow then sold the property to the plaintiffs,…
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    Dallas Divorce Law Blog

  • Strategic Tax Filing During Divorce in Texas

    Michelle O'Neil
    16 Dec 2014 | 6:00 am
    Filing income tax returns while a divorce pends can be an especially contentious issue. When one spouse lacks trust in the other spouse, even filing a joint return can be troublesome. Usually filing jointly results in reduced overall tax burden for the still-married couple. But, sometimes filing jointly may result in a greater benefit to one spouse or the other. This may arise when one spouse has higher earned income than the other spouse, an asset titled in one spouse’s name generated significant income, or a spouse failed to make estimated tax payments throughout the year. The…
  • Divorce by murder — the Arlington Texas case

    Michelle O'Neil
    11 Dec 2014 | 3:31 pm
    We have all been reading and watching the account of the Arlington, Texas woman who killed her estranged husband this week.  We are just learning that the mother filed for divorce in October and there was a hearing this week over custody of the children.  (See: Domestic dispute led to 2 deaths in Arlington.) The divorce court ruled that the father should have custody of the parties’ children. The mother lost. The mother took matters into her own hands and assured that the children would not be raised by their father. They won’t be raised by their mother either.  She sits in…
  • Who gets to claim the child as a dependent in a Texas divorce

    Michelle O'Neil
    9 Dec 2014 | 6:00 am
    The question often arises after a divorce in Texas — which parent gets to claim the child as a dependent for tax purposes? Often this issue is settled by the obvious split of parenting time greatly in favor of one parent, but as we have seen a rise in equal time splits for parents and children we have also seen a rise in arguments over who should be entitled to the dependence exemption. The IRS provides a special rule for children of divorced or separated parents in IRC 152(e). The custodial parent will have the right to claim the exemption provided that the parents lived apart for at…
  • 10 qualities to look for when hiring experts in a Texas divorce case

    Michelle O'Neil
    2 Dec 2014 | 7:39 am
    In divorce cases in Dallas or, really anywhere in Texas, it is sometimes necessary to hire a professional to offer expert witness testimony on a subject. An expert is someone who is qualified through education or experience on a subject unknown to lay persons and whose opinion would be helpful to the factfinder (judge or jury). Examples of expert witnesses often used in divorce or family law cases include psychologists, psychiatrists, doctors, CPAs, business valuation professionals, realtors, appraisers, or sometimes lawyers. So how can a lawyer or litigant know if the expert is a good one?
  • No same-sex divorce in Texas (yet)

    Michelle O'Neil
    25 Nov 2014 | 6:41 am
    Several years ago, Texas adopted the federal Defense of Marriage Act, which give Texas the right to refuse to acknowledge legal same-sex marriages performed in other states. By not recognizing the marriages as valid, Texas law does not provide for divorce of same-sex married couples. This situation is sure to change at some point soon. But for now it creates a real problem for many couples who live here.  Dallas divorce lawyer Michelle O’Neil explains here:  
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    Massachusetts Drug Injury Lawyers Blog

  • Consolidation of Xarelto Injury Lawsuits Gets Opposition from Bayer, Johnson & Johnson

    5 Dec 2014 | 6:03 pm
    Johnson & Johnson (JNJ) and Bayer AG (BAYN) are combatting efforts to consolidate Xarelto injury lawsuits filed by plaintiffs who claim that the blood thinner caused patients to suffer fatal bleeds. Bayer makes the medication, and J & J owns the rights to the drug in the United States. Some 65 fatalities are being blamed on the drug, which does not have an antidote. Some patients say that they began to bleed internally and so profusely that they ended up going to the hospital. The plaintiffs contend that the defendants played down the risks involved with taking Xarelto. They are accusing the…
  • Hundreds of Risperdal Lawsuits Blame Drug For Causing Gynecomastia in Males

    18 Nov 2014 | 9:33 pm
    The number of Risperdal lawsuits continues to grow, with many of the plaintiffs blaming the drug for causing gynecomastia, which is male breast growth. Janssen Pharmaceuticals and Johnson & Johnson are accused of hiding the serious health risks involved with taking Risperdal and improperly marketing the drug for uses that are considered “off-label" for kids. Janssen is a J & J unit. In Massachusetts, please contact our Boston Risperdal injury lawyers if you think that you or your child suffered serious side effects from taking this medication. The drug, launched in the United States in the…
  • Stryker Settles Hip Implant Lawsuits for $1.43 Billion

    7 Nov 2014 | 11:33 am
    Stryker, a company that makes artificial hip implants, has reached a settlement to resolve thousands of products liability lawsuits over the now-recalled medical devices. The deal is expected to cost the manufacturer approximately $1.43 billion. The agreement covers patients who were implanted with the ABG II Modular-Neck or the Rejuvenate Modular-Neck and had to undergo another procedure to have the hip implant replaced. Both models were recalled in 2012 in the wake of growing patient complaints of corrosion and other problems. According to the plaintiffs, Stryker sold the faulty implants,…
  • 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 Coumadin, Marevan, Jantoven, and…
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    New York Real Estate Lawyers Blog

  • An Estate Dispute Involving the Fine Line between Lent or Gifted Artwork and Bequests Under a Will

    5 Dec 2014 | 5:18 am
    Maurice Sendak was a beloved children's book author and illustrator whose death two years ago has raised multiple issues to be discussed in this blog post. During his life, he had a close professional affiliation with the Rosenbach Museum and Library in Philadelphia, whereby he lent a vast majority of his books and illustrations for viewing by the general public. He also had a caretaker who managed his personal affairs for decades and was very knowledgeable about his preferences. Mr. Sendak's Will provided that his caretaker would be one of three executors. It also left some valuable original…
  • New Court Ruling in New York Relating to Disputes over Religious Institutions

    18 Nov 2014 | 8:28 am
    A recent case decided by a New York Appellate Court relates to a dispute over governing and control of a Buddhist Temple. To summarize, the Master of the Temple, Mew Fung Chen, excommunicated 517 members over a dispute relating to control of the Temple, which had locations in both Brooklyn and Manhattan. At a special meeting, the Board of the Temple voted to close the Manhattan Temple and excommunicate the followers of an alleged "rogue monk," Master Ming Tung. Ming Tung's followers constituted a majority of the congregation at the time of the excommunication. Ming Tung filed a lawsuit in…
  • How to Stage a Takeover of Your Coop or Condo Board

    7 Nov 2014 | 5:56 am
    Board members of cooperative and condominium buildings are hard working volunteers who are subject to what may be undeserved criticism. In other cases, a board may be treating a particular unit owner unfairly or there may be a general sense among neighbors that the board is doing a poor job. Our firm receives inquiries from such unit owners, either on their own behalf or as representatives of a group of unit owners that are "out of power," as to our recommendations. If efforts to influence existing board members continue to be unsuccessful, our attorneys will discuss the consideration of a…
  • Happy Halloween: Haunted Houses, Zombie Houses, Ghosts and Other Scary Things

    31 Oct 2014 | 5:19 am
    Even Halloween gives rise to legal issues that may pertain to our blog readers. This blog post will address haunted houses, zombie houses, ghosts and other scary situations from a legal perspective. Unfortunately, a crime, suicide or other unpleasant event may have happened in a house prior to sale. Such a house may be considered to be "haunted". Does New York law require disclosure that the house is haunted to a potential buyer? The answer is no. New York is a caveat emptor state, meaning "let the buyer beware". Psychological issues do not require disclosure. It is the buyer's responsibility…
  • 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…
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    Wisconsin Probate & Estate Planning Blog

  • Looking Back… and Forward: How To Go About Giving Your Estate Plan a Year-End Review

    Krause Donovan Estate Law Partners
    1 Dec 2014 | 4:02 am
    December 31 is quickly approaching, and many people use this time as an opportunity to reflect on the year that is nearly complete. These reflections may include new additions, losses, accomplishments or struggles. One way, though, in which your year-end reflections can provide significant value is by reviewing those changes in your life that have potential impacts on your estate plan, and ensuring that your plan is current, reflecting your life and goals as they now exist. If it has been more than three years, we recommend that you undertake a review of your plan. Perhaps you’ve…
  • A Brief Primer on Special Needs Planning

    Krause Donovan Estate Law Partners
    3 Nov 2014 | 10:38 am
    Special Needs Planning is an area that will likely apply to you or someone close to you: planning for a loved one with special needs. We will look at the increasing need for this planning; the decrease in government benefits; the concerns families have about providing for their loved ones; whether it is worth protecting government benefits; and planning tips to help you provide for and protect your loved one for as long as he or she lives. The Increasing need for special needs care and planning. Chances are there is or will be someone in your family (child, grandchild, nephew, niece, parent,…
  • 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…
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    Tennessee Divorce Lawyer Blog

  • The "Maximum Participation Possible" Provision in T.C.A. § 36-6-106(a): a Step Toward Equal and Fair Parenting Time Or Simply a Politically Correct Policy Statement?

    19 Dec 2014 | 11:58 am
    Between 2009 - 2011, the Tennessee General Assembly repeatedly voted down a bill entitled the Equal and Fair Parenting Act. FN1 Its controversial purpose was to create a mandatory rebuttable presumption in child custody cases that joint physical custody was preferred. FN2 Parents could overcome this presumption by showing that a 50/50 split in custody would not be in the child's best interest. FN3 Father's rights advocates herald similar laws as a necessary step in the fight against "gender bias." FN4
  • Update on Grandparent Visitation Case

    30 Jul 2012 | 1:11 pm
    Last month, we posted about a recent Tennessee Court of Appeals decision regarding grandparents' rights. We explained that the Tennessee grandparent visitation statute does not address the standard of proof for a grandparent or parent to modify an order of visitation. In Lovelace v. Copley, the Tennessee Court of Appeals established that standard, determining that in order to modify an order of grandparent visitation, there is a heightened standard, requiring the grandparents to prove there has been substantial harm to the child or that substantial harm will occur if the visitation is not…
  • Can I Date While My Divorce Is Pending?

    29 Jul 2012 | 9:53 pm
    Going through a divorce is a difficult process - financially and emotionally. Many clients can't wait for the day their divorce will be final so that they can move on with their lives. Some spouses even look forward to dating other people, and they wonder whether it is acceptable to begin dating while their divorce is pending. The answer is that it is never a good idea to begin dating before your divorce is final. In fact, you should not date someone else, even if your spouse has begun dating others. Even if you and your spouse have already separated, dating while your divorce is pending has…
  • Can My Child's Other Parent Move Without My Permission?

    19 Jun 2012 | 9:42 am
    Summer is here, and prime moving season is upon us. We have had several phone calls over the past few weeks about whether a non-married parent may move, despite the other parent's objection. The answer is... usually, yes. A parent may move anywhere, even out of state, so long as he or she gives the other parent written notice of his or her intent to relocate. The Tennessee statute T.C.A. § 36-6-108 governs the notice of relocation requirement for non-married parents: If a parent who is spending intervals of time with a child desires to relocate outside the state or more than one hundred…
  • How to Modify an Order of Grandparent Visitation

    5 Jun 2012 | 10:01 pm
    When Grandparents have already been granted visitation with their grandchildren, what needs to be done by the grandparents or parents to modify that visitation schedule? The Tennessee Court of Appeals (at Nashville) recently established the burden of proof to modify these orders in Lovelace v. Copley (No. M2011-00170-COA-R3-CV). The court began by noting that parental rights are superior to those of others, and parental rights should not be interrupted unless the parent agrees to relinquish those rights, abandons a child, or forfeits their parental rights by engaging in conduct that harms the…
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    San Diego Divorce Lawyer Blog

  • California Court Upholds Divorce Judgment Rendered in Guam

    16 Dec 2014 | 3:42 pm
    Marriage and divorce are highly regulated by state law. Since each state has the authority to enact laws governing divorce, there is a substantial amount of variation from one jurisdiction to the next. But what happens when a married couple lives in one jurisdiction and pursues a divorce in another? How do the courts handle such a situation? Which state has the authority to dissolve the marriage? Like most family law matters, it usually depends on the facts and circumstances surrounding the case. No matter what the facts are, if you are considering a divorce, you are encouraged to consult…
  • California Court Addresses Issue of First Impression in Child Support Case

    9 Dec 2014 | 12:05 pm
    Child support is an important part of most family law cases involving minor children. Courts will order child support not only in divorce cases, but in paternity actions as well. Section 3900 of the California family code governs child support and provides, in part, that both the mother and father of a minor child have an equal responsibility to support their child. The code further provides that this obligation continues generally until the child completes 12th grade or attains the age of 19 years, whichever occurs first. But in many cases, one parent may not be satisfied with the child…
  • Modification of Spousal Support Depends on Need and the Ability to Pay

    2 Dec 2014 | 12:26 pm
    California law sets forth a variety of factors for courts to review when determining whether to modify a spousal support order that was originally issued during a divorce proceeding. These factors all pertain to the parties' respective need and ability to pay. A party seeking to reduce spousal support must provide evidence of a change in circumstances sufficient to justify the change. Courts will review and evaluate the evidence in each case, in accordance with the statute. It is important to understand that each case is unique in terms of the facts and how the law will apply to the…
  • California Court Retained Jurisdiction to Award Long-Term Spousal Support

    25 Nov 2014 | 11:25 am
    Each divorce case presents a unique set of facts and important circumstances that can dramatically affect the course of the proceedings. Equally relevant is the California Family Code and how it will apply to these individual cases. When a couple decides to divorce, it is best to be as informed as possible before initiating the proceeding, which includes understanding how the local laws will affect your family. The Code addresses issues such as spousal support, the division of marital property, and child custody. An experienced family law attorney from the San Diego area would be able to…
  • State Laws Vary on the Division of Marital Property in Divorce

    18 Nov 2014 | 8:16 am
    If you are thinking of initiating a divorce proceeding, be sure to understand how the state family code could affect your case, particularly how the provisions apply to property division. Each state has the authority to enact laws affecting marriage and divorce. California is a "community property" state, which means that any and all assets and debts accumulated during the marriage are likely to be divided evenly in divorce (with a few exceptions, such as gifts and inheritances). Identifying and characterizing property in a divorce proceeding can affect the couple's settlement, in terms of…
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    Maritime & Cruise Ship Accident Lawyer Blog

  • “Flags of Convenience” are a Dangerous Loophole for Cruise Passengers

    Gerson & Schwartz, P.A.
    10 Dec 2014 | 3:31 pm
    When you take a cruise, you may or may not notice the flag flying on the top of the ship. If you look, you’ll notice the flag usually isn’t an American one. And if you listen to cruise commercials you may hear the words “ship’s registry,” followed by the name of a country. Likely, you don’t know what that means or how it affects you. But it has a huge impact on cruise safety, and there’s a good reason that you don’t see many flying under the American flag. What is a Flag of Convenience? The flags that fly on cruise ships that are from foreign countries are often called…
  • Employees Injured at Sea Have Different Rights Than Those Injured on Land

    Gerson & Schwartz, P.A.
    3 Dec 2014 | 3:33 pm
    We speak a lot on this blog about injuries to cruise line passengers, and injuries that happen on leisure cruise ships. But injuries can also happen to employees at sea also. Employees can be those on a large cruise line, but they may also include those working on private vessels, smaller touring ships, ferries, or fishing and work boats. Injured workers at sea have much greater protections than workers on land, subject to state law, would have. Here’s a quick rundown of how federal law differs from state law when it comes to helping employees injured at sea get recovery for their injuries.
  • Yet Another Cruise Norovirus Outbreak Reminds Us Of Inherit Cruise Risk

    Gerson & Schwartz, P.A.
    19 Nov 2014 | 1:41 pm
    Well, it’s happened again. Although we seem to be told repeatedly by the cruise industry that norovirus outbreaks are sporadic and preventative measures are improving, in seems that once again, a cruise ship and its passengers have fallen victim to an outbreak. Princess Cruise Suffers Large Virus Outbreak This time it was a Princess Cruise line that experienced the outbreak. The cruise, leaving from Los Angeles, to Hawaii and then Tahiti, suffered an outbreak that affected 172 people on board. Most of the affected were passengers, but 14 crewmembers were sickened as well. The CDC, which…
  • New Case a Reminder How Important it is to Read Cruise Ticket

    Gerson & Schwartz, P.A.
    12 Nov 2014 | 7:55 am
    We’ve discussed a lot about cruise tickets, and the burdens they put on cruise passengers who are seeking to sue a cruise line for damages and injuries. A recent case has come out that has unfortunately said nothing new, again emphasizing how restrictive the terms of cruise tickets can be. Passenger Sues in Wrong Venue The case involved a passenger who was seeking to sue Royal Caribbean for injuries she sustained on a cruise. Her cruise ticket had a one-year statute of limitations to bring such actions, and she narrowly beat that deadline. However, she sued in Miami-Dade circuit (state)…
  • Judge Sanctions Carnival Cruise Lines and Determines Notice of a Dangerous Condition Established Under Fed. R. Civ. P. 37

    Gerson & Schwartz, P.A.
    11 Nov 2014 | 9:33 am
    Earlier last week our Cruise Ship Lawyers sought and received a court order under Fed. R. Civ. P. 37 (b) in the  form of issue based sanctions against Defendant Carnival Cruise Lines in a lawsuit brought by Mrs. Esperanza Viletta in the case of Viletta v. Carnival Cruise Lines, Case No. 11-20930. The sanctions were ordered by United States Magistrate Judge John O’Sullivan and were upheld by United States District Court Judge Cecilia Altonaga in a six (6) page written order. Click this link to read the Order. The sanctions were issued based on a myriad of discovery violations including…
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    Brian M. Mekdsy Legal Services, Massachusetts

  • Having Trouble Choosing The Right Charity This Holiday Season?

    Brian M. Mekdsy
    28 Nov 2014 | 6:10 am
    As the 2014 holiday season heats up and people look forward to spending time with family and friends, for many of us, it’s the perfect opportunity to give to the less fortunate, either by donating our time, money, or both. But with so many nonprofit organizations out there, how do we know we’re choosing the right [...]Related Posts:Is the US Treasury Worthy of your ‘Charitable…Sick of Washington’s Games? Start a NonprofitRemembering the Fallen on Memorial Day22 Things To Be Thankful For This ThanksgivingBeware The Fiscal Cliff: Even Middle Class Estate…
  • 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 ZombiesWhat Happens To Your Social Media Accounts After You Die?Succession Planning For Your Family…
  • 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…
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    The EmpLAWyerologist

  • Breaking News: NLRB Files Consolidated Complaints Against McDonald’s Franchisor and Franchisees

    20 Dec 2014 | 5:03 pm
    For the second time in a month I am writing a supplemental post. The previous one, which you can find here was about the US Supreme Court decision that employers do not have to pay employees for the time they spend in post-shift security checks. This time we are circling back to an NLRB matter from my November 20 post, which you can find here.  In that post, we saw that the NLRB might seek to join McDonald’s USA, LLC a franchisor as a respondent in complaints by employees against some of its franchisees. Yesterday the NLRB in fact issued consolidated complaints, naming the franchisor…
  • Does Your State or City Ban Sexual Orientation and Gender Identity Discrimination in the Workplace?

    18 Dec 2014 | 4:00 am
    Last week on The EmpLAWyerologist we learned that federal affirmative action laws now protect workers against sexual orientation and gender identity discrimination. Two weeks ago we learned, perhaps to the surprise of many, that Title VII of the Civil Rights Act of 1964 does not contain explicit provisions that include such protections, that the federal circuit courts of appeals are split on that question, and that the US Supreme Court has yet to weigh in. We also know that even with significant support for the Employment Nondiscrimination Act (ENDA) in Congress, there are still not enough…
  • Affirmative Action Laws Now Prohibit Gender Identity and Sexual Orientation Discrimination

    11 Dec 2014 | 4:00 am
    Last week I promised to write about state and local laws prohibiting discrimination based on sexual orientation and gender identity. I will still do that –next week. A colleague reminded me that just Monday, December 3 the Office of Federal Contract Compliance Programs (OFCCP) made an important contribution to our current topic. While Title VII may not yet prohibit discrimination based on sexual orientation or gender identity, federal Affirmative Action laws now do.  Is that significant? Does that impact you as an employer? Join The EmpLAWyerologist after the jump and find out….
  • Breaking News: Supreme Court Says Time Spent in Security Checks is NOT Compensable

    9 Dec 2014 | 5:34 pm
    This is a special supplementary post from The EmpLAWyerologist.   It does not replace the regular weekly post, which will go live in two days. What’s so special about this post? Remember a few weeks ago, when were looking at cases pending before the US Supreme Court? Well, it has now handed down a decision on Integrity Staffing Solutions Inc v Busk, et al  also known as the security check case, and it gave a thumbs-down to employees looking to be paid for time they spend waiting for and actually undergoing security checks. (Click here for a review of the facts, history and issues).
  • Does Title VII Prohibit Sexual Orientation/Gender Identity Discrmination? Definitely, Maybe.

    4 Dec 2014 | 4:00 am
    Most of us know that under Title VII of the Civil Rights Act sex discrimination in the workplace is illegal. What about discrimination based on sexual orientation, gender identity or status as a transgender? The Emplawyerologist will be covering different aspects of this topic over the next few weeks.  We’ll start this week with an overview –after the jump, of course! Would it surprise you to hear that federal law contains no express language prohibiting these types of discrimination. How can that be?  Isn’t there a law pending that is designed to address these very…
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    Atlanta Injury Lawyers Blog

  • Tyrone Law Firm Wins $13.9 Million Verdict in Georgia Birth Injury Case, Part I

    20 Dec 2014 | 9:25 am
    Earlier this month, the Georgia Court of Appeals ruled in favor of a $13.9 million medical malpractice verdict in a case where the plaintiff was represented by Tyrone Law Firm. The Court ruled in favor of the plaintiff, Melissa Dempsey, for injuries that her daughter, Kailey, sustained during her birth in 2002.
  • Reflex Sympathetic Dystrophy (RSD, CRPS Type 1) Support: Hope Over Pain

    16 Dec 2014 | 8:05 am
    A few weeks ago, we posted about several different support groups that exist for those suffering from reflex sympathetic dystrophy (RSD), also known as complex regional pain syndrome type 1, a condition that causes severe, chronic pain and has no known cure. Recently, we learned of another, Hope Over Pain, that may be of use to those seeking communal support for coping with RSD.
  • "Voir Dire is Scary (This is the Truth)": Nelson Tyrone Published in Verdict Magazine, Part I

    12 Dec 2014 | 5:20 pm
    In this year's fall edition of Verdict Magazine, the journal for the Georgia Trial Lawyers Association, Nelson Tyrone of Tyrone Law firm wrote and published an article about the challenges of voir dire, the process by which potential jurors are questioned on various matters before being chosen to sit on a jury for trial.
  • Reflex Sympathetic Dystrophy (CRPS Type 1): Stories of Managing Pain

    4 Dec 2014 | 5:47 pm
    Reflex sympathetic dystrophy (RSD), also known as complex regional pain syndrome type 1, can be immensely difficult to tolerate. Because the pain caused by the condition does not have a treatable root, those suffering RSD must deal with chronic and intense pain. This can seem like an impossible and torturous way to live life--and thus, it is incredibly important for those suffering from RSD to develop ways to manage their pain. Throughout the year, we have discussed several different activities with which sufferers of RSD have come up to help cope, including going to support groups and…
  • Cerebral Palsy: Making Home Adjustments for Children with CP

    27 Nov 2014 | 8:20 pm
    When a child has cerebral palsy, some of his needs may not be met by the average home. Often, home modifications must be made to accommodate children with cerebral palsy so that they may live safely and comfortably. According to the website for United Cerebral Palsy, these adjustments can include a wide variety of changes, "from something as simple as replacing cabinet doorknobs with pull handles to full-scale construction projects that require installing wheelchair ramps and widening doorways." These projects can also prove difficult, costly, or both; as such, this post provides links to…
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    Boston Injury Lawyer Blog

  • 2014 Holiday Safe Shopping Guide

    9 Dec 2014 | 9:19 am
    With Black Friday, Small Business Saturday and Cyber Monday just behind us, and only 16 shopping days until Christmas, many people will be putting on comfortable shoes and heading to the malls and brick and mortar stores to check off everyone on their shopping lists. Before you purchase just any toy on the shelf, read through the 29th annual "Trouble in Toyland" report, released December 1, 2014 by the U.S. Public Interest Research Group (PIRG). The report outlines safety issues and provides safety guidelines, educating even the most savvy consumer (even personal injury attorneys!) about…
  • Mass(achusetts) Pandemonium: Black Friday & Premises Liability

    17 Nov 2014 | 11:18 am
    The day after Thanksgiving, known as "Black Friday", is perhaps the most iconic and celebrated shopping day of the year. According to the National Retail Federation's 2014 Holiday Survival Kit REV, 2013 saw more than 141 million shoppers during the Thanksgiving holiday weekend (Thursday through Sunday), with the average shopper spending about $407. Black Friday alone saw more than 92 million online and in-store shoppers - that's roughly one out-of-every three Americans. In total, consumers spent approximately $57.4 billion during last year's holiday weekend. This year, the pandemonium that is…
  • Making Sure Your Children's Halloween Costumes are Safe

    28 Oct 2014 | 9:27 am
    It is that time of the year where parents are led to a costume store by eager kids wanting to purchase the year's hottest or funniest Halloween costume. While there is not a lot to worry about, parents still need to be mindful of their children's choice. Despite what one would expect, there are many costumes on the market that simply are not safe for children because, among many reasons, they are not flame resistant or are so dark that they put a child at risk to be struck by a car. It is hard to believe, but since 1980 there have been 16 reported incidents where a child under the age of 15…
  • 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…
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    South Florida Criminal Attorneys Blog

  • Miami Woman Sentenced to Life in Prison for Revenge Killing

    Michael B. Cohen, P.A.
    10 Dec 2014 | 3:34 am
    When police responded to a 911 call made by an agitated North Miami woman whose husband was murdered while playing with the couple’s 20 month old son the previous month, they found the bullet riddled body of Ilam Nissim who had been shot numerous times by the 911 caller, Janepsy Mesa Carballo. Carballo, 35, first called police emergency to report a battery, but called again a short time later telling the dispatcher that she shot an intruder. When police arrived at the scene, she told them that she was in the process of transporting furniture out of her home located on NW 12 Avenue in…
  • US District Court to Hear Convoluted Murder for Hire Case

    Michael B. Cohen, P.A.
    26 Nov 2014 | 4:44 am
    Fred Topous Jr. is a registered sex offender who pleaded guilty in 1999 to the charge of assault with intent to penetrate a thirteen year old minor female who just happened to be his boss’s daughter. He can easily be labelled a career criminal as his records show that he’s either been imprisoned or on parole for all of but three years between the years of 1984 and 2006 for three individual criminal convictions. But after his release from prison in 2006, Topous hit the lottery… I mean he literally hit the lottery! In 2008, Topous picked the six winning numbers in Michigan’s…
  • Collateral Monetary Damage in South Florida from Home Depot Security Breach

    Michael B. Cohen, P.A.
    11 Nov 2014 | 2:02 pm
    These days it seems that with far too much frequency there is continually breaking news about another retailer with online outlets being victimized by a security breach. The latest of these high tech break-ins was successfully aimed at Home Depot and turned out to be executed by a low-tech method; at least when first hijacking their network. The well-known distributor of appliances and supplies for home and garden items released news that show that a breach which began in April of this year and went undetected through September allowed hackers to steal credit and debit card data of fifty-six…
  • Miami Federal Judge gives International Sex Trafficker/Rapist 27 years

    Michael B. Cohen, P.A.
    30 Oct 2014 | 8:30 am
    His reign of terror which operated Internationally including Australia, the Mid-East and the United States finally came to an end when Miami Federal District Judge Cecilia Altonaga sentenced Jamaican born Damion St. Patrick Baston to twenty-seven years in federal prison. For years, the smoothing talking former nightclub dancer enticed women into a life of prostitution that spanned numerous continents by making them believe he was a hip hop music producer, later bragging to them that he was a member of Bloods, the violent West Coast street gang based out of Los Angeles. Once under his…
  • 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,…
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    Tampa Criminal Lawyer Blog

  • Missouri Grand Jury Declines to Indict Ferguson Police Officer Darren Wilson for the Death of Michael Brown.

    25 Nov 2014 | 11:08 am
    A St. Louis County grand jury chose not to indict Officer Darren Wilson for the shooting death of St. Louis teen Michael Brown. After nearly three months, the grand jury comprised of seven men and five women, nine white and three black heard evidence from 60 witnesses and met 25 times. St. Louis County Prosecuting Attorney William P. McCulloch cited inconsistent witness testimony, thereby making it difficult to present a clear picture of what occurred in the 90-second confrontation between Officer Wilson and Mr. Brown. The grand jury considered charges ranging from first-degree murder to…
  • Florida Woman Accused of Dismembering and Cooking Neighbor

    18 Nov 2014 | 1:06 pm
    Volusia County woman Angela Stoldt of Deltona is accused of stabbing her neighbor, James Sheaffer, in the eyes with an ice pick before strangling him to death in a cemetery. After the alleged murder, Ms. Stoldt is accused of taking Mr. Sheaffer's corpse back to her kitchen where she is said to have dismembered his body, followed by her attempt to cremate the remains. After her cremation attempt failed, Ms. Stoldt is alleged to have simply throw his remaining body parts out with the trash. As one can imagine, Ms. Stoldt's alleged attempt to dispose of the evidence failed, instead leading to…
  • "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…
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    Personal Injury Lawyer Blog


    21 Dec 2014 | 3:26 pm
    Anyone who has worked with asbestos in construction or mixed drilling mud and has been regularly exposed to asbestos have constant concerns about mesothelioma and other asbestos-related health problems. It is now known that prolonged inhalation of asbestos fibers can cause serious and fatal illnesses, such as mesothelioma and asbestosis. Mesothelioma is a rare form of cancer that develops from cells of the mesothelium, the protective lining that covers many of the internal organs of the body. Mesothelioma is commonly caused by exposure to asbestos. Another common asbestos-related problem is…

    17 Dec 2014 | 3:47 pm
    A woman, speaking under the pseudonym Diane, has two young and intelligent children. Diane had her kids before she was starting taking Depakote (also branded as Valporate) under a prescription in 1996. She received the prescription in order to treat a bipolar condition and her migraines. In 1999, Diane discovered she was six weeks pregnant. She immediately stopped taking the drug, even though her psychiatrist at the time urged her to keep taking the anti-seizure medication. Subsequently, two more professionals have insisted that she stay on the medication. "My son was born perfectly healthy…

    12 Dec 2014 | 4:11 pm
    Yasmin is still prescribed and used as a contraception to prevent pregnancy. The generic name is drospirenone and ethinyl estradiol. Other names for the product are Yaz and Ocella. However, Yasmin has caused many known side effects in women, such as blood clots, stroke, or heart attack. For instance, in Charlotte, NC, Janice had only been taking Yasmin for a few months, when she said, "One day in January my heart started pounding - it felt like someone was repeatedly punching me in the chest. I tried to lie down but that didn't help so my sister came over to watch my children and I drove…

    11 Dec 2014 | 4:04 pm
    Plaintiffs in the Stryker Orthopedics Rejuvenate Modular Hip System Recall mass tort will receive a base payment of $300,000 if they were required to have revision surgery for a failed Rejuvenate or ABG II hip prior to November 3, 2014 in the recent mediated settlement in Kalamazoo, MI. Plaintiffs who were required to have revision surgery on both hips, will receive a base payment of $600,000. The mediation resulted in a settlement of at least $1 billion from Stryker. The Stryker Orthopedics Rejuvenate Modular Hip System is an artificial hip product. Unlike other artificial hips, which are a…

    30 Nov 2014 | 5:15 pm
    Twenty two-year-old Cardinals outfielder, Oscar Taveras, and his 18-year-old girlfriend, Edilia Arvelo, were killed in a car accident near Puerto Plata when their car veered off the road. Tessie Sanchez, a spokeswoman for the attorney general's office in the Dominican Republic, told The Associated Press that toxicology reports showed Taveras had a blood-alcohol level five times the legal limit when he lost control of his car Oct. 26. Puerto Plata Police reported that roads had been slick the night of the accident due to heavy rains. Giants outfielder and close friend, Juan Perez, received the…
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  • Pennsylvania Judge Issues Opinion Declaring the President's Executive Immigration Action Unconstitutional

    19 Dec 2014 | 10:19 am
    Recently, a Pennsylvania federal judge issued a case opinion ruling that the President's executive action on immigration - specifically, suspending the deportation proceedings for qualifying undocumented foreign nationals - is unconstitutional. However, it is unclear whether this ruling will have any impact on the greater immigration debate because the judge was never asked to consider the constitutionality of the President's executive action. The Case The case before U.S. District Court Judge Arthur Schwab was criminal in nature. The defendant is Mr. Elionardo Juarez-Escobar, a Honduran…
  • Border Wait Time App Launched by CBP

    19 Dec 2014 | 10:17 am
    On December 16, U.S. Customs and Border Protection (CBP) issued a press release to announce the launch of the Border Wait Time app to help travelers better plan for an excursion over the border. From the release: The app provides estimated wait times and open lane status at land ports of entry allowing travelers to make an informed decision of where and when to cross the border. Wait times for pedestrian and passenger and commercial vehicle crossings are broken down by lane type (standard, SENTRI, NEXUS, FAST, Ready Lane, etc.). App users can download the app for free from Apple's App Store…
  • Senator Rand Paul Introduces Bill in Attempt to Overturn the President's Executive Action on Immigration

    19 Dec 2014 | 9:00 am
    Immigration has once again made headline news recently as Dr. Rand Paul, a Republican Senator from Kentucky and possible 2016 presidential candidate, introduced a bill into the Senate that attempts to overturn the President's executive action on immigration. A couple of weeks ago, the President announced that his administration, working in conjunction with various departments within the U.S. Department of Homeland Security, would be implementing numerous measures designed to offer immigration-related relief to hundreds of thousands of foreign nationals who are currently living in the United…
  • White House Teams With Democrats on "Immigration Strike Team"

    5 Dec 2014 | 7:49 am
    Recently, the Obama Administration announced that the White House is teaming up with Democrats in Congress in order to form an "Immigration Strike Team." The purpose of the Immigration Strike Team is to prepare for and provide a more efficient and organized response to oppose any anti-immigration actions congressional Republicans may take in the next few months. The Goal of the Immigration Strike Team The idea for the Immigration Strike Team was conceived in the wake of Republicans' official statements to the media about their proposals to withhold funds for federal agencies that deal with…
  • The Midterm Elections are Over - What Does that Mean for Immigration Reform?

    13 Nov 2014 | 5:48 am
    With the midterm elections finally behind us, foreign nationals, immigration advocates, and the country at large are now wondering what the election results mean for comprehensive immigration reform. Since Tuesday night and Wednesday morning saw the loss of many Democratic seats to Republicans, many are worried that immigration reform will not be given to the nation, as promised by the President for several months. The President's Conversations with Republicans In the wake of the elections, the media is already reporting that relations between the President and the House Republicans are…
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    Palo Alto Estate Planning Blog

  • How to Work with Your Trustee/Your Beneficiaries

    Liza Hanks
    12 Dec 2014 | 5:27 pm
    The Wall Street Journal recently published an article entitled, “The Trouble with Trustees” that outlined the issues that can come up between a trust beneficiary and a Trustee. The article focused on several themes that we’ve seen over the years: Frustration–a beneficiary is frustrated that they don’t have direct access to trust assets, even though a trust was established precisely to prevent that beneficiary from having direct access to trust assets. Poor communication – a beneficiary is angry because they don’t feel that they understand how trust…
  • IRS Year-End Gifts to Charity Tips

    Liza Hanks
    24 Nov 2014 | 9:50 am
    As 2014 draws to a close, many of our clients are thinking about making annual gifts to charities. The IRS has just posted a handy article with six tips to keep in mind to make sure that you can claim an income tax deduction for the gift. Here’s a summary: 1. Qualified charities. Make sure that you are making a donation to a qualified charity. The IRS offers a tool to make sure that your intended recipient is qualified. Donations to churches, synagogues, temples, mosques, and government agencies are also deductible, even if they’re not listed. 2. Monetary donations. If you want to…
  • IRS Extends Deadline for Portability for 2011-2013

    Liza Hanks
    19 Nov 2014 | 10:03 am
    The IRS has extended the deadline for filing an estate tax return for decedents dying in 2011, 2012, and 2013 to December 31, 2014. The purpose of the extension is to provide time for surviving spouses to elect portability on the return, which would allow them to use their deceased spouse’s unused exemption from the federal estate tax. Electing portability means, in effect, that a married couple can combine their available exemptions, potentially saving a family a significant amount of money when the second spouse dies. For example, if a person died in 2011, and had an estate worth $2…
  • It’s Holiday Time (Almost) How About a Roth IRA?

    Liza Hanks
    17 Nov 2014 | 5:35 pm
    I recently read an article about the value of giving your children (or grandchildren) the gift of compound interest and a more secure retirement, in the form of an annual contribution to their Roth IRA. What a great idea! The author’s point is that many young people are struggling to pay off their educational debt and mortgages, or cope with the costs of child-care. But that, of course, is the best time to start saving money towards retirement, since money invested early has more time to grow.  Studies recommend saving between 15% and 17% of your earnings each year towards retirement…
  • 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…
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    Florida Tax Lawyer Blog

  • Wisconsin Doesn't Allow Companies to "Go for Two"

    17 Dec 2014 | 4:23 pm
    In early 2014 I wrote an article that explores a way in which many state and local tax "SALT" professionals advise their clients to save on state and local tax. The issue is a common one for real property improvement contractors. Specifically companies that sell real property improvements to governments or other tax exempt entities, there is a real incentive to save on high sales tax rates. What if instead of selling a real property improvement, the company separated itself into two separate legal entities. Company 1 could sell tangible personal property, tax free, to the tax exempt…
  • Motor Fuel Tax - Another Example of A "Gotcha" Transaction Tax

    2 Dec 2014 | 11:13 am
    Many state and local tax ("SALT") practitioners often refer to state and local transaction taxes as "gotcha" taxes. Over ambitious state agencies seek to extort money from businesses all the time by using fire first, ask question later type tactics. SALT auditors write up whatever they can as taxable and force businesses to prove them wrong. Similar to state and local sales and use taxes, motor fuel tax can often be a mine field for the unsuspecting business. In a 2014 decision, a Pennsylvania court agreed with the revenue agency's "gotcha" mentality in Luther P Miller Inc v. Pennsylvania, 88…
  • Flower Company Sniffs Out Unfair Florida Tax

    20 Nov 2014 | 10:50 am
    Anytime I need a gift for just about any reason, 1-800 Flowers or, is where I turn to first. The online retailers make it incredibly easy for someone who needs as much help as I normally do to send gifts to others. I can just go online, pick one of their pre-packaged gifts, give them my credit card, and then the recipient magically receives the gift as quickly as I need it. Recently, the Florida Department of Revenue decided that it is entitled to sales tax whether the flowers are delivered in Florida or outside of its borders. Being that this is contrary to normal sales tax…
  • Florida Car Dealers Next on DOR Hit List

    14 Nov 2014 | 2:36 pm
    Anytime a state agency, such as the Florida Department of Revenue ("FL DOR") gets their hands on third party reporting, you can rest assured they will be coming after that industry in full force. In 2011, the FL DOR passed a law that required wholesalers of alcohol and tobacco to report all of their sales to retailers directly to the FL DOR. Being that the FL DOR knew what each convenience store, liquor store, restaurant, and bar bought by way of beer and cigarettes, they could easily compare them to the same retailer's sales tax returns. For those that the FL DOR suspected of underreporting…
  • Portable Toilets - What's the True Object of the Transaction?

    4 Nov 2014 | 8:17 am
    It never ceases to amaze me, the wide variety of companies that state agencies attempt to extort money from. Most states impose a sales tax on the sale or rental of tangible personal property. But what happens when the sale is part tangible personal property, part service ("known to the sales and use tax attorney as a "mixed transaction")? Is the entire transaction subject to tax? Many states take the incredibly helpful, "it depends" approach and look to an even more helpful "object of the transaction" test. In reality, it truly seems like state agencies and courts reach a conclusion and fill…
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    New Jersey CPA Tax Lawyer Blog

  • Tax Court Grounds Law Firm's Travel Deduction for Use of Partner's Private Planes

    28 Nov 2014 | 7:49 am
    A law firm's claim of travel expense deductions related to one of its partners' use of two private aircraft fell apart because the firm lacked the proper documentation to prove that the flights were related to firm business. The US Tax Court's ruling in favor of the Internal Revenue Service stands as a stark reminder for taxpayers of all sizes about the need to keep clear, accurate, and contemporaneous expense records. The unsuccessful taxpayer was Engstrom, Lipscomb & Lack, APC, a prominent personal injury and class action law firm in Southern California. The firm's tax troubles arose after…
  • 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…
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    Securities Law and Going Public Lawyers

  • Going Public Blog l Securities Lawyer 101

    1 Jan 2101 | 6:23 am
    Going Public Lawyer  Securities Lawyer 101 Blog Going public is a big step for any company.  The process of “going public” is complex and at times precarious.  While going public offers many benefits it also comes with risks and quantities of regulations with which issuers must become familiar.   Despite the risks even in a down economy, the U.S. market remains one... Read MoreGoing Public Lawyer
  • NASAA Launches Rule 506 Form D EFD

    21 Dec 2014 | 4:31 pm
    Going Public LawyerSecurities Lawyer 101 Blog The North American Securities Administrators Association (“NASAA”) has launched its Electronic Filing Depository (“EFD”) for Rule 506 Form D filings.  NASAA’s EFD was created to allow companies to post Form D’s for Rule 506 offerings online through NASA’s EFD website.   Rule 506 of Regulation D is a “safe harbor” for the private offering exemption of Section... Read MoreGoing Public Lawyer
  • Money Laundering 101

    21 Dec 2014 | 3:45 pm
    Going Public LawyerSecurities Lawyer 101 Blog Posted By: Brenda Hamilton Attorney The Bank Secrecy Act (“BSA”) requires financial institutions in the United States to assist U.S. government agencies to detect and prevent money laundering activity. The BSA, also called the Currency and Foreign Transactions Reporting Act, was passed by Congress in 1970. The BSA’s  regulations apply to broker-dealers as well as to banks and... Read MoreGoing Public Lawyer
  • Investor Relations Insights

    21 Dec 2014 | 3:34 pm
    Going Public LawyerInvestor relations or stock promotion involves the dissemination of information about a public company to increase its stock price and trading volume. The person who publishes this information  is sometimes referred to as a “Stock Promoter”.  Stock Promoters use spam email, internet, direct mail newsletters, stock websites, press releases and phone rooms to increase stocks trading volume and price. While investor relations activities... Read MoreGoing Public Lawyer
  • OTC Link® ATS

    21 Dec 2014 | 3:01 pm
    Going Public LawyerOTC Link LLC (OTC Link) is owned by OTC Markets Group Inc.  OTC Link is an electronic inter-dealer quotation system that displays quotes from broker-dealers for many over-the-counter (OTC) securities.  OTC Link is registered with the SEC as a broker-dealer and as an alternative trading system, and is a member of FINRA.  Most of the issuers quoted by the OTC... Read MoreGoing Public Lawyer
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    Dallas Justice » Criminal Law Blog

  • False Arrests From Flawed Cocaine Detection Kit: the NIK 6500 is Bad News for Texas

    Michael Lowe
    17 Dec 2014 | 12:12 pm
    Cocaine possession is a serious felony and law enforcement in North Texas takes this crime very seriously.  In the past, it took awhile for police to charge someone officially with having cocaine because it took some time for the lab to verify that the white powder taken into evidence was indeed an illegal, controlled substance. Now, impatient to get drug test results, local area police are using in-the-field testing to back up drug arrests.  Problem is: false positives are the result of untrustworthy tests and wrongful arrests are happening. Remember the Fake Drug Scandal Here in Dallas?
  • Unjustly Accused of Sexual Assault: When Rape Allegations Aren’t True There’s Still a Victim

    Michael Lowe
    10 Dec 2014 | 10:36 am
    Rapes and sexual assaults do happen in here in the Dallas – Fort Worth area, as they do all around the State of Texas, and these are horrible, life-changing events for the victims (both men and women). However, as criminal defense lawyers who represents people accused of rape and sexual assault know well, there is the other truth that is just as painful: there are men (and women) wrongfully accused of rape — and once that accusation is made, they are also victimized and often suffer permanent harm. The stigma of having someone finger-point you and cry “rape” can be enough to…
  • Lots of Heroin Arrests Will Be Happening Here in Texas As Feds, Locals Target Growing Heroin Market

    Michael Lowe
    3 Dec 2014 | 1:28 pm
    A couple of weeks ago, the Director of the Federal Bureau of Investigation (FBI) was visiting the regional FBI office in Boston and while he was there, he held a little press conference. And what was a big topic on the mind of the Top Man at the FBI? Well, in what isn’t a big surprise to criminal defense lawyers around the country, FBI Director James Comey talked about heroin. Not organized crime in the town of Whitey Bulger. Not money laundering or fraud. Heroin. FBI Director Comey called heroin a big problem all across the United States. He pointed to a new trend where heroin is combined…
  • Texas Police Excessive Force: Concern Isn’t Just the Police Officer, It’s the Entire Police Department

    Michael Lowe
    26 Nov 2014 | 2:03 pm
    For the past two nights, there has been rioting in Ferguson, Missouri, in the aftermath of the grand jury determination not to bring charges against a police officer who used lethal force. That’s Missouri; what about police and lethal force here in Dallas and North Texas? Good question. 1. Dallas Web Site: Police Department’s Lethal Force Information This week, the Dallas Police Department debuted its new web site, DallasPolice, which provides the public with information about the use of the maximum kind of excessive force — lethal force — by Dallas police officers since 2003.
  • Trusting Prosecutors With Forensic Lab Evidence? Consider Harris County District Attorney: Notices Sent of 100s of Wrongful Convictions

    Michael Lowe
    19 Nov 2014 | 2:42 pm
    Here in Dallas County, the District Attorney’s Office is getting its very own forensics evidence lab set up smack dab in the courthouse. So convenient, right? We’ve posted on this development here (read the post) and others have voiced their concern over having the prosecutor so very-very-close to the evidence lab. Well, here’s more to ponder when considering prosecutors and forensic crime labs. Seems the Houston Press had an expose last month that is still being investigated, where the Harris County District Attorney’s Office knew that convictions were wrong, based upon forensics…
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    South Florida Personal Injury Lawyers Blog

  • Florida’s Fifth District Refuses to Consider Unpreserved Liability Issue in Car Accident Case

    Friedman, Rodman & Frank, P.A.
    17 Dec 2014 | 11:37 am
    In Witherell v. Larimer, a young woman apparently struck a male pedestrian while driving her mother’s automobile. As a result, the man filed a personal injury lawsuit against the driver and her mother in a Florida court. At trial, both parties claimed the other was responsible for the injury accident. According to the man, the driver struck him because she failed to pay sufficient attention to the roadway. The motorist countered that the pedestrian contributed to the incident because he was under the influence of alcohol when he crossed the roadway. After both the pedestrian and the driver…
  • Florida Appellate Court Reverses Directed Verdict in Favor of Tobacco Company in Negligence and Strict Liability Case

    Friedman, Rodman & Frank, P.A.
    15 Dec 2014 | 9:39 am
    In Whitney v. RJ Reynolds Tobacco Co., a woman filed a strict liability and negligence lawsuit against a tobacco company in a Florida state court over the company’s allegedly defectively designed cigarettes. According to the woman, the design defects made her more apt to become addicted to cigarette smoking. As a result, the woman purportedly suffered lung cancer. At trial, the woman presented a great deal of evidence to support her claims. As part of her case, the woman obtained testimony from an expert physician. The doctor testified under oath that the purported design defects included…
  • Supreme Court of Florida Holds Deceased Worker’s Estate Cannot Recover Tort Judgment from Employer’s Insurance Company

    Friedman, Rodman & Frank, P.A.
    10 Dec 2014 | 9:36 am
    In Morales v. Zenith Ins. Co., a Florida man was tragically killed in a workplace accident. Following the fatal incident, the decedent’s wife agreed to a workers’ compensation settlement with the man’s employer and the employer’s insurance company. The wife also signed a release stating the settlement was the sole remedy for which the insurer would provide coverage to the employer. Prior to the workers’ compensation settlement, the man’s estate filed a wrongful death action against the man’s employer. As a result, a default judgment of nearly $10 million was entered in…
  • Florida Appeals Court Orders New Trial in Motorcycle Crash Case

    Friedman, Rodman & Frank, P.A.
    8 Dec 2014 | 9:49 am
    Florida’s Second District Court of Appeals has ordered a new trial in a motorcycle collision case. In Shaver v. Carpenter, a motorcycle carrying a husband and wife was struck by an automobile in an intersection. Following the traffic wreck, the couple filed a negligence lawsuit against the driver who allegedly caused their crash injuries. As expected, the issue of fault was a main source of contention at trial. In the end, a jury found that the defendant motorist was 95 percent at fault for the couple’s accident harm. The jury also determined that the couple was five percent liable for…
  • Jacksonville Court Rules That Jury Verdict Must be Offset in Underinsured Motorist Coverage Case

    Friedman, Rodman & Frank, P.A.
    3 Dec 2014 | 9:36 am
    In Primo v. State Farm Mutual Automobile Insurance Co., a man was allegedly injured when his car was struck from behind by an underinsured motorist. As a result of the collision, the man received a $10,000 settlement from the negligent driver. After that, the injured man filed a lawsuit in the Middle District of Florida seeking underinsured motorist benefits from his automobile insurer. In Florida, underinsured motorist coverage is a supplemental automobile insurance policy option that provides a driver with bodily injury and property damage coverage in the event that he or she is involved in…
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    Massachusetts Social Security Disability Lawyers Blog

  • Social Security Disability Insurance Benefits and Budgetary Problems

    19 Dec 2014 | 11:10 pm
    For more than a year, we have heard on the news about how funding is set to run out on Social Security Disability Insurance (SSDI) benefits unless Congress does something fast. According to a recent news article from the Buffalo News, it seems we are still headed down this dangerous path, which may affect millions of disabled Americans. It is believed the SSDI fiscal cliff, as it is being called, could cause a 20 percent cut in benefits for millions of people. One representative quoted in the story said he is eager to work with the next Congress to prevent this from happening. As a member of…
  • Cline v. Colvin: Back Pain and Disability Benefits

    15 Dec 2014 | 10:45 pm
    Cline v. Colvin, a case from the United States Court of Appeals for the Fifth Circuit, deals with the Supplemental Security Income (SSI) program run by the United States Social Security Administration (SSA). In Cline, claimant applied for SSI benefits in November of 2009 and asserted she was disabled by back pain, scoliosis, sacrolitis, fibromyalgia, and a mitral valve prolapse. Along with her application, claimant submitted detailed medical records dating from April of 2001 to the beginning of 2006 by several medical providers. Included in her medical records was a CT Scan showing a small…
  • Copeland v. Colvin: SSDI and SSI Eligibility

    11 Dec 2014 | 10:37 pm
    Copeland v. Colvin, an appeal from the United States Court of Appeals for the Fifth Circuit, involves claimant who filed an application for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits in November of 2009. Claimant asserted her disability was based upon knee trouble, heart disease, back problems, and a shoulder injury that all began in October 2009. The United States Social Security Administration (SSA) denied claimant's application, and, eventually, a hearing was held before an Administrative Law Judge (ALJ). At the hearing, claimant testified,…
  • Herrmann v. Colvin: SSI Benefits Eligibility

    7 Dec 2014 | 10:30 pm
    Applying for disability benefits is a complicated process that often seems like it is stacked against claimants who know little about how the system works. It is for that reason that one of the best things claimants can do is to consult with a disability benefits attorney as early in the process as possible. Herrmann v. Colvin, a case from United States Court of Appeals for the Seventh Circuit, involved claimant who was denied Supplemental Security Income (SSI) benefits for her medical conditions prior to reaching the age of 55 but was determined to be disabled upon turning 55. This resulted…
  • Lott, Jr. v. Colvin: Burden of Proof in SSDI Cases

    3 Dec 2014 | 10:22 pm
    Lott, Jr. v. Colvin, an appeal from the United States Court of Appeals for the Eighth Circuit, involved claimant who was claiming disability due to insulin-dependent diabetes, high blood pressure, and a mental disorder. A clinical psychologist, Dr. Nichols, diagnosed claimant with psychotic disorder, not otherwise specified (NOS). However he did not administer an IQ test, which is typically done as part of a Social Security Disability Insurance (SSI) "mental retardation" diagnosis. Claimant's initial application was denied, and, eventually, he was granted an evidentiary hearing before an…
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    Austin Immigration Lawyer Blog

  • Obama’s Immigration Policy Reform Helps Democrats But Benefits for Hispanics Remain to be Seen

    Lyttle Law Firm, PLLC
    18 Dec 2014 | 6:10 am
    It has been approximately one month since Barack Obama announced his plan to allow amnesty to eligible undocumented immigrants currently living in the United States and in that time it appear as though the Democratic Party is on the upswing following a less-than-favorable midterm election. The reason is not because the President’s plan for deferred deportation went over well with the general public. In fact, the plan was overwhelmingly opposed by the vast majority of American adults according to several polls. Where it is popular, however, is with the nation’s Hispanic community which is…
  • Filipino-American Support Groups Initiating Information Drives for Undocumented Immigrants

    Lyttle Law Firm, PLLC
    15 Dec 2014 | 7:06 am
    The announcement of amnesty as part of President Barack Obama’s immigration reform plan came as welcome news for millions of undocumented immigrants currently living in the United States. The details behind the executive action, however, have been slow in coming and many have found them to be somewhat confusing which is why a number of organizations within the nation’s American-Filipino community have initiated public information drives in response to the President’s announcement in an effort to educate the public in general and the potentially eligible immigrants in particular…
  • Increasing Legalization of Immigrants Could Contribute to Texas Economy

    Lyttle Law Firm, PLLC
    11 Dec 2014 | 8:53 am
    Recent studies have shown that the legalization of immigrants would be valuable to the Texas economy.  Many native-born Americans often mistakenly believe that immigrants decrease the chances of them getting a job, but studies have shown that this is far from the truth. In fact, immigrants complement them in the work force. Immigrants supply workforces in employment markets where there is traditionally a shortage of workers.  The average American is a medium-skilled worker, which means there is a shortage of labor in the work force for both low-skilled and high-skilled jobs. Immigrants…
  • The Potential Economic Impact of Obama’s Immigration Policy Reform

    Lyttle Law Firm, PLLC
    27 Nov 2014 | 8:58 am
    Last week President Barack Obama announced his plan to allow amnesty to certain undocumented immigrants currently living in the United States. His policy reform was met with a significant amount of criticism from the GOP as well as from the American public but many feel there is one aspect of the changes that may be a bright spot for the United States regardless of how popular or unpopular the President’s plan may be. That bright spot is the boost to the US economy that allowing amnesty to nearly 5 million undocumented immigrants will provide. Considering the concerns that many…
  • President Obama’s Executive Action on Immigration Still Leaves Millions Adrift in Uncertainty

    Lyttle Law Firm, PLLC
    24 Nov 2014 | 6:46 am
    President Barack Obama followed through last week on his promise to execute executive authority on US immigration policy that would effectively provide almost 5 million undocumented immigrants with protection from deportation. The action came as very welcome and long-awaited relief for immigration advocates but it leaves a gaping chasm of uncertainty for the remaining 6 million to 7 million undocumented immigrants who are currently in the country regarding whether or not they will be allowed to stay. The announcement was bitter-sweet for advocacy groups and those they represent as they…
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    Cincinnati Injury Attorney - Cincinnati Personal Injury Attorney - Cincinnati Car Accident Lawyer

  • What Is A Dogbite Worth?

    William Strubbe
    21 Dec 2014 | 1:19 pm
    What is a dogbite worth? Probably more than the same injury would be worth ifit were caused by something besides a dog. I love dogs. Juries don’t, necessarily. I am guessing, but here are some of the factors. First, in Ohio, the owner keeper or harborer of the dog is liable unless the injured person is teasing, tormenting or abusing the dog, or committing a criminal trespass or committing a criminal act on the owner’s property. There is no contributory negligence, or assumption of the risk. In other words, unless you are a criminal or doing something you would expect to provoke the dog,…
  • When Do You File Suit In A Personal Injury Lawsuit?

    William Strubbe
    20 Dec 2014 | 9:21 am
    There are a couple answers. Because this is really a couple questions. The first question is how long do you have to file a lawsuit without having the judge throw the lawsuit out because you waited too long. The answer is that you are usually – but not always – ok if you file suit within two years of the date of the accident, which is the Ohio statute of limitations for most personal injury lawsuits. But the answer can be different according to the facts of your lawsuit. It can be shorter if the person or company who caused the accident is from another state, or if the claim is…
  • Is It Harder To Settle Lawsuits Now?

    William Strubbe
    25 Jun 2014 | 12:15 pm
    Probably not – but it is harder to get the information you need to settle a lawsuit. In the past, most of the delay in getting the information a lawyer needed to settle resulted from the delay caused by treatment – it’s a bad idea to settle a lawsuit until you are fully recovered, so it’s important to wait until that happens before you start requesting information. A couple new things have happened over the last 20 years. First, it’s hard for a lot of people to complete treatment, because they don’t have medical insurance to pay for it. This has always been a challenge – but…
  • It’s Memorial Day

    William Strubbe
    23 May 2014 | 9:49 am
    This is the only day of the year I make it a point to go “off topic” – the only day that I blog about something other than getting compensation for injured people. I started because of my Uncle Bill – a Marine who died in the South Pacific in World War II. I never knew him. He, all my uncles, my father, my father in law, and my wife’s uncles, all served their country in the military. When I try to count the people in my generation – and my son’s generation – I know who have served who are friends, I have trouble getting beyond one hand.
  • What Is The Biggest Obstacle To Getting What I Deserve In My Lawsuit?

    William Strubbe
    21 May 2014 | 11:06 am
    Not enough insurance. I haven’t seen the studies, but this just seems to be the biggest problem I keep running into. You might not like a particular law, or the way a particular judge , insurance adjuster or lawyer looks at your lawsuit. But sooner or later, everyone usually does what is rational – because if they don’t, a jury will wind up deciding the case. But there isn’t really a good fix for not enough insurance. If you’ve been in a car accident, there are several types of insurance that might help you. For our purposes, though the most important are auto liability coverage and…
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    Health Care Law Blog

  • HHS 2015 Quality Improvement Awards for FQHC recipients: HHS Awards $36.3 Million in Affordable Care Act Funding for FQHCs and Other Health Centers

    17 Dec 2014 | 1:07 pm
    On December 9, 2014, the U.S. Department of Health & Human Services (HHS) announced substantial financial awards for numerous Federally Qualified Health Centers (FQHCs) and other health centers nationwide. Our Atlanta, Georgia business and health care law firm represents FQHCs and health centers. We learned from HHS' press release that it awarded $36.3 million in Affordable Care Act funding for the purpose of rewarding and expanding the quality of care in FQHCs. FQHCs and other HRSA-supported health centers are designed to provide comprehensive, high quality primary care services to the…
  • Physician Practice: The 2014 Physicians Compensation Survey

    29 Nov 2014 | 6:50 am
    Physician compensation as a whole has continued to stagnate during 2014, according to Physician Practice's 2014 Physician Compensation Survey. As compensation models morph and develop with the new emphasis upon value-based care, it remains to be seen how physician compensation will change in the coming years. This very important healthcare industry issue affects all of us. It also involves interesting irony in the enactment and implementation of the Affordable Care Act, touted by proponents as geared to improve patient "access" to health care (or "coverage" under an insurance plan), yet…
  • Physician Practices: The Independent Physician Outlook Survey

    25 Nov 2014 | 9:15 am
    The recently released 2015 Independent Physician Outlook Survey, entitled "Threats to Independence," explores the state of independence in the medical field from the physician perspective. The survey covers an array of topics and was conducted and prepared by ProCare Systems, a medical practice management consultant company. The healthcare industry is the focus of our Atlanta/Augusta, Georgia business law firm. In many business industries, the choice to be big versus small involves consideration of competing pros and cons. The healthcare industry is no exception. Physicians, as highly…
  • Health Care Fraud Report: DOJ Obtains $389M From DaVita Healthcare to Settle Medical Fraud Allegations

    28 Oct 2014 | 11:40 am
    The Department of Justice (DOJ) announced on October 22, 2014 a resolution of claims that DaVita Healthcare Partners, Inc., a provider of dialysis services, engaged in a referral and kickback scheme that violated the False Claims Act (FCA). The DOJ announced that DaVita has agreed to pay $350 million to settle the government's case. The Government's case was not proven and was only alleged. Liability was not determined prior to the settlement and DaVita has not been shown to have engaged in wrong doing. Our Atlanta and Augusta, Georgia business and health care law firm represents health care…
  • 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…
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    Pleasanton Business & Commercial Law Blog

  • Misconduct by California Financial Firm Results in Penalty by Private, Independent Regulator

    15 Dec 2014 | 3:32 pm
    The Financial Industry Regulatory Authority (FINRA) fined a California broker-dealer $325,000 in November 2014 in connection with multiple complaints, including the alleged sale of unregistered or non-exempt securities. In re BMA Securities, No. 2010023220502, letter of acceptance, waiver, and consent (FINRA, Nov. 11, 2014). FINRA is a private corporation that acts as an independent regulator in the financial industry, meaning that it essentially serves as a way for the financial industry to self-regulate. Member firms and licensed securities brokers agree to abide by FINRA rules, and to…
  • Ninth Circuit Invalidates Arbitration Clause in Website's Terms of Use for Lack of Mutual Assent

    28 Nov 2014 | 1:27 pm
    Laws governing the formation of contracts, including the creation of an enforceable obligation, go back for centuries. The internet has changed many aspects of how businesses interact with their customers, but it has not changed the basic nature of contract formation. A California federal district court held that that an arbitration clause in a website's Terms of Use (TOU) was unenforceable because the defendant business did not make the plaintiff adequately aware of the clause. The clause therefore lacked mutual assent. Nguyen v. Barnes & Noble, Inc. ("Nguyen I"), No. 8:12-cv-0812, order…
  • Court Denies Discharge in Personal Bankruptcy Case, Finding that Transfer of Cash from Bank Account to Safe Deposit Box Had Fraudulent Intent

    14 Nov 2014 | 10:57 am
    A debtor in a Chapter 7 personal bankruptcy case argued that the court should discharge his debts over the objection of a creditor, which claimed that he transferred money before filing bankruptcy with fraudulent intent. The debtor claimed that the transfer, which involved withdrawing cash from a personal checking account and placing it in a safe deposit box, was necessary because of allegedly unlawful collection activities by the creditor. The bankruptcy court denied the discharge, and the Bankruptcy Appellate Panel (BAP) affirmed the ruling. In re Haag ("Haag 1"), Nos. AZ-11-1661,…
  • Corporate Shareholder May Be Held Personally Liable for Customs Violations, According to Federal Circuit

    30 Oct 2014 | 3:42 pm
    The Federal Circuit Court of Appeals issued a decision in September that could have significant implications for businesses involved in importing goods. The court allowed customs regulators to "pierce the corporate veil," which involves holding shareholders liable for acts of a corporation. U.S. Customs and Border Protection (CBP) claimed that a company, Trek Leather, Inc., failed to pay customs duties on goods that it had imported. The Court of International Trade (CIT) held Trek Leather and its sole shareholder, who also served as its president, jointly and severally liable for gross…
  • 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…
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  • Traffic Violations Bureau Held Not A Court

    Matthew Weiss
    17 Dec 2014 | 6:41 am
    NYS Department of Motor Vehicles In a recent decision, Acting Bronx Supreme Court Justice Miriam Best ruled in People v. Serrano that the Traffic Violations Bureau is not a court for purposes of the attachment of double jeopardy. In Serrano, the defendant was found guilty by default of un-licensed operation under VTL 509(1), a violation. He was simultaneously charged with criminal un-licensed operation (i.e., driving when one knows or should know that he or she is suspended) in criminal Court. Serrano argued that he could not also be charged in criminal court because the Traffic Violations…
  • New York’s New Cell Phone Laws

    Matthew Weiss
    6 Nov 2014 | 6:44 am
    Using cellphone while driving Effective Saturday, November 8, 2014, the penalties and fines for tickets for illegally using a cell phone and texting-while-driving will increase. The new law increases the maximum fines for texting and talking while driving. The maximum fine for a first offense will increase from $150 to $200. For a second offense — committed within 18 months of the previous offense — fines will increase from $200 to $250. A third violation or subsequent violations committed within 18 months will increase from $400 to $450. For young drivers under 21 with junior licenses, a…
  • 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
    Author Note:  Effective December 16, 2014, this program has been repeated in Nassau County.  Any speed camera tickets issued before this date still must be paid. 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 between 6:00 am and 7:00 pm.  Each violation of 10 mph or more over the posted speed…
  • 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…
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    Spencers Solicitors Blog

  • Head injuries in sport: knowledge is power, but only money talks....

    Spencers Solicitors
    12 Dec 2014 | 7:18 am
    We human beings are highly intelligent and innovative, and our abilities have enabled us to achieve great things - such as developing cures to many fatal diseases and even sending men to the moon. In years gone by we did not know that cholera was caused by dirty water; but when we found out we innovated and created clean and efficient water networks in order to eradicate this disease in the UK. Why is it then, when we discover the cause of something which is undesirable, such as a head injury or concussion, that innovation to prevent it is slow to materialise? Think about the recent Ebola…
  • Winter is coming, are you and your roads ready?

    Spencers Solicitors
    5 Dec 2014 | 5:52 am
    During November's Road Safety Week, I was reminded of all the little maintenance tasks that needed to be done on my car. Every driver knows the importance of getting their vehicle ready for the winter weather. From checking tyres to replacing wiper blades, there are plenty of simple steps that can improve a car's safety, performance and handling in bad weather. While many safety precautions are within your control, a major aspect that isn't is the condition of the roads, as unfortunately a recent Streetwatch survey by the AA showed that 40% of respondents listed their local roads as being in…
  • Spencers Solicitors calls for businesses to take action on road safety

    Spencers Solicitors
    19 Nov 2014 | 8:28 am
    Spencers Solicitors are pleased to announce their support of Road Safety Week, in conjunction with Brake, the road safety charity. Road Safety Week is the UK's biggest road safety event, involving thousands of schools, businesses and community groups every year. This year's RSW runs from 17-23 November, and to mark the occasion, Spencers Solicitors held an office 'Bright Day' where the whole team wore their brightest and most florescent clothing to work, in an effort to raise funds and awareness for the charity. Staff from the firm have also signed up to the 'Brake Pledge' in order to help…
  • Sniffing out a Treatment for Spinal Cord Injury

    Spencers Solicitors
    11 Nov 2014 | 4:17 am
    Back in April I wrote a blog exploring the research that revealed how a tongue piercing could help people with spinal cord injuries. Since then I have kept a watchful eye out for new treatments or innovations that may offer help for those suffering from spinal cord injury. I was therefore thrilled to read the recent story of 40 year old Polish man Darek Fidyka, previously completely paralysed from the waist down, who has now been able to walk following years of research and pioneering surgery. Mr Fidyka's Story Four years ago a horrific knife attack left Mr Fidyka paralysed from the waist…
  • Ashgate Hospice Spooktacular 2014 Fundraising

    Spencers Solicitors
    31 Oct 2014 | 9:29 am
    On Friday 31st October, Spencers Solicitors took part in Ashgate Hospice's Spooktacular event where staff were encouraged to dress up in spooky Halloween costumes to raise money for their local hospice. Ashgate Hospice are an independent Chesterfield based charity that covers all of North Derbyshire, providing specialist palliative care to terminally ill adults and their families, maintaining best quality of life throughout illness. All their services are provided free of charge and £4.3 million must be raised annually from voluntary giving. Many local businesses in the Derbyshire area…
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    Pinellas County Florida Criminal Lawyer Blog

  • Occasional, Infrequent ‘Alarms’ from Ankle Monitoring Device Not Enough to Violate Probation

    Pawuk & Pawuk, P.A.
    14 Dec 2014 | 9:38 am
    Most of us have known the frustration of trying to keep our cell phones charged. A recent smartphone commercial playfully mocks the “wall huggers” who are tethered to electrical outlets at airports and other public venues. For one Tampa Bay man, the device he failed to keep charged was much more important than a cell phone, and the stakes of a dead battery were much greater than losing email and Facebook, since his struggle to keep his court-ordered ankle monitoring bracelet charged nearly sent him to jail. The Second District Court of Appeal, however, determined that the…
  • Beware: Ignoring Your Arrest Warrant Will Not Make It Go Away

    Pawuk & Pawuk, P.A.
    11 Dec 2014 | 9:38 am
    Those who study the social sciences may speak of the “Ostrich effect,” or information aversion, which is the technique of dealing with risky situations by pretending they don’t exist. The name comes from the old myth that ostriches defend themselves from danger by sticking their heads in the sand. Pretending a danger doesn’t exist is rarely an effective strategy, and this is especially true with your outstanding arrest warrant, as some recent arrests have illustrated. An arrest warrant will not go away on its own. Depending on the crime with which the authorities have…
  • Supreme Court Rejects Police’s Mining Suspected Drug Dealer’s Cell Phone Location Information Without a Warrant

    Pawuk & Pawuk, P.A.
    1 Dec 2014 | 4:04 am
    On the heels of this summer’s landmark privacy ruling in Riley v. California, the Florida Supreme Court issued an important ruling last month that strikes a blow not just for the accused but for the privacy of all Floridians. The court’s decision threw out certain cell-phone evidence against an accused drug dealer because the law enforcement officers did not have a warrant when they seized the information. Many legal authorities have hailed the ruling as an important step in the right direction regarding digital privacy. Shawn Alvin Tracey was suspected of trafficking drugs after…
  • Offender Gets Two Years in Jail for Refusing to Admit Wrongdoing as Part of Plea-Bargain Required Treatment Program

    Pawuk & Pawuk, P.A.
    21 Nov 2014 | 5:00 am
    An accused sex offender’s failure to complete the terms of his plea deal landed him in jail for more than two years, and the trial court ruled that he willfully violated his probation. His argument that he did not fully understand the requirements of his plea deal did not win on appeal, since the 5th District Court of Appeal stated that he had only two options, which were to ask to withdraw the plea arrangement or to seek to have his sentence vacated, and since he did neither of these things, the probation violation ruling was proper. The outcome is a cautionary tale for anyone facing…
  • DUI: Refusal of Breath Test

    Pawuk & Pawuk, P.A.
    14 Nov 2014 | 3:31 am
    Many Florida driver’s are unaware that by getting a Florida driver’s license, they are agreeing to consent to a breath test in a DUI investigation.  If you look at the very bottom of your driver’s license it says “Operation of a motor vehicle constitutes consent to any sobriety test required by law.”  In Florida driving is considered a “privilege” not a “right”.  What’s the difference you might ask?  All Americans have certain “rights”, the right to vote, the right to freedom of speech, the right to be free from…
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    Oakland Employment Lawyer Blog

  • What is the responsibility of hotels to keep their guests safe?

    Liberty Law
    18 Dec 2014 | 5:20 am
    A Chicago hotel recently made headlines when several thousand people were evacuated shortly after midnight due to a gas leak. The Hyatt hotel, in suburban Chicago, had an “intentional” chlorine gas incident that sent 19 people to the hospital. The incident happened around 12:40 a.m. A chemical odor spread across the ninth floor of the hotel. First responders found a high level of chlorine gas in the air. Everyone inside the building was evacuated and sheltered at nearby facilities. The source of the chlorine gas was powdered chlorine, which was found in a stairwell at the ninth floor.
  • UC Berkeley Refuses to Pay Employees Minimum Wage

    Liberty Law
    15 Dec 2014 | 5:19 am
    Local governments throughout California have been passing laws that raise the pay of low-wage workers. One example is the city of Berkeley, which increased its minimum wage to $10 an hour this year, and it is set to increase to $12.53 an hour by 2016. The federal minimum wage is $7.25 an hour and California’s minimum wage is $9 an hour, so Berkeley has a higher minimum wage than required under state or federal law. The increase in Berkeley’s minimum wage took effect on October 1. However, UC Berkeley is still paying hundreds of student employees between $9 and $9.50 an hour, which…
  • Retail Workers’ Bill of Rights Passes Unanimously in San Francisco

    Liberty Law
    12 Dec 2014 | 5:55 am
    Late last month, the San Francisco Board of Supervisors passed a law aimed at retail workers, which was hailed by labor rights advocates as the first of its kind in the country. The law has been called the “retailer workers’ bill of rights”, and all 11 members of the board passed it unanimously. The law requires San Francisco’s large chain retailers to post workers’ schedules at least two weeks ahead of time. If changes are made to workers’ schedules unexpectedly, they will be owed supplemental pay. If the workers are required to be on call, but their shifts are suddenly canceled,…
  • Legally Blind Man Killed by Train in Oakley

    Liberty Law
    11 Dec 2014 | 10:36 am
    A horrifying accident occurred in Oakley over the Thanksgiving holiday. A legally blind man was struck and killed by a freight train on Saturday afternoon. The accident occurred around 4 p.m. on the East Cypress Road crossing just east of Main Street. The man was walking toward Bethel Island to meet with his wife, who was picking him up. He was crossing over the tracks and tripped. After he fell down, he became disoriented. A train was coming, and although he tried to avoid it, he dove into the tracks instead. The railroad crossing was closed for about two hours after the accident occurred…
  • Window Washer Survives 11 Story Fall in San Francisco

    Liberty Law
    4 Dec 2014 | 5:32 am
    An accident with what some are calling a miraculous ending occurred in San Francisco. A window washer fell from the roof of an 11 story building onto a moving car. The window washer and a co-worker were adjusting their cables from the roof while their working platform was lying on the ground. Something happened that caused the window washer to fall from the building. The man flew from the top of the building, and landed on the top of a moving Toyota Camry 11 stories below. He caved in the back part of the car’s roof, and then fell onto the street. The driver of the Camry said he heard…
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    Tampa Bay Injury Attorney Blog

  • Wrong Way Driving Accidents Major Problem in Tampa Bay Area

    Whittel & Melton, LLC
    12 Dec 2014 | 3:25 pm
    The number of wrong way driving accidents has been on the rise in Tampa, and this alarming trend continued on Thursday when four instances of wrong-way drivers on Bay area roads were reported, including one that resulted in a fatal crash. This recent activity comes despite law enforcement being extra vigilant when it comes to wrong-way drivers. A Spring Hill man was killed on US 41 Thursday when the car he was a passenger in crashed head-on into another car near State Road 52. The 39-year-old man was killed and his 38-year-old wife suffered critical injuries. The driver of the other car, a…
  • Two Separate Wrong-Way Drivers Arrested for DUI in Tampa

    Whittel & Melton, LLC
    10 Dec 2014 | 1:16 pm
    Two wrong-way drivers were arrested on Friday after officials said the drivers were operating their vehicles under the influence of alcohol. According to reports, a 41-year-old Miramar man was driving a 2005 Acura traveling eastbound in the westbound lanes of S.R. 574 around 2:15 a.m. Deputies said they stopped the vehicle and noticed that the man had glassy and bloodshot eyes, was unsteady on his feet, appeared very confused and had an odor of alcohol on his breath. The man’s blood alcohol content was .196., according to deputies. Nearly two and a half hours later, police arrested another…
  • Man Charged in DUI Crash that Killed Motorcyclist in Haines City

    Whittel & Melton, LLC
    8 Dec 2014 | 2:16 pm
    A 37-year-old Kissimmee man has been arrested for DUI manslaughter and vehicular homicide in an October collision that killed a motorcyclist in Haines City. According to Polk County deputies, FDLE blood analysis showed that the man arrested had a blood alcohol content of .145 when he caused the fatal crash on October 12, 2014. According to reports, the man was driving his 2000 silver Chrysler Concord westbound on Johnson Avenue in Haines City around 5:41 p.m. when he passed another vehicle travelling westbound in a no passing zone. Deputies believe the man’s car entered the eastbound lane…
  • Woman Dies in St. Petersburg Motorcycle Crash

    Whittel & Melton, LLC
    1 Dec 2014 | 7:37 pm
    A Palmetto woman who was involved in a motorcycle crash last weekend passed away from her injuries. The 52-year-old woman was riding as a passenger on a motorcycle Saturday morning at 1:45 a.m. when the driver lost control and crashed on 54th Avenue N just east of 16th Street N. St. Petersburg police believe the 52-year-old driver of the 2014 Harley-Davidson was traveling east in the curb lane when he failed to negotiate a slight bend in the roadway and struck the south curb. He lost control of the motorcycle and it exited the roadway. The motorcycle then slid on its right side, hit a road…
  • 46.3 Million to Hit Roads Thanksgiving Weekend: Travel Smart, Stay Safe

    Whittel & Melton, LLC
    26 Nov 2014 | 4:16 pm
    Gas prices across the country are at an average of $2.85 a gallon, which is the lowest cost for the entire year and down 43 cents from this time last year. According to AAA, travelers should anticipate more traffic on the roads as the Thanksgiving holiday approaches. AAA estimates that nearly 46.3 million people will travel a distance of at least 50 miles from home over the Thanksgiving weekend, Wednesday, Nov. 26 through Sunday, Nov. 30. This is a 4.2 percent increase from last year and the highest anticipated volume since 2007. According to AAA, around 90 percent of those travelling for the…
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    San Jose Attorney and Counselor At Law - Richard G. Burt

  • Richard Burt Law: Handling M&A Transactions

    Richard Burt
    18 Dec 2014 | 6:42 pm
    Smart merger and acquisition transactions can be a key component of business growth and on-going success. Business attorney Richard G. Burt is ready to assist at every stage of a merger or other acquisition transaction and to assure that the business deal is carefully documented and legally sound, with help on negotiation tactics as well as preparation of M&A agreements, contracts, and other documents, due diligence, and closing, Mr. Burt works assiduously to accomplish a transaction in which his client’s interests are protected. Comprehensive Merger & Acquisition…
  • Misleading Certificate of Status Solicitations

    Richard Burt
    17 Dec 2014 | 3:36 pm
    The California Secretary of State has issued warnings about misleading certificate of status solicitations. Directors and officers of corporations and managers and members of limited liability companies (LLCs) should be wary of such solicitations. As a public service, the text of the Secretary of State’s warning is repeated below (with minor modifications): Letters are being sent to businesses registered with the Secretary of State directing them to submit $49.50, respond by a certain date, complete a form, and send the money and documentation to a private entity named “California…
  • Out-of-State LLC Owning Property in California

    Richard Burt
    8 Dec 2014 | 5:39 pm
    Many California residents are members of LLCs formed under the law of other states (often referred to as “foreign LLCs”). California, being hungry for tax revenue, often tries to tax the LLC on the ground that it is doing business in California. Obviously, if a Delaware LLC owns rental property in California and is generating rental income from the property, it would be considered to be doing business in California. But what if the resident forms an out-of-state LLC simply to hold raw land or a personal residence for the owner (either a principal residence or vacation home)?
  • Out-of-State Business Entity Doing Business in California

    Richard Burt
    8 Dec 2014 | 5:29 pm
    An out-of-state business entity is a corporation or limited liability company formed under the law of another state (say, Delaware or Nevada). An out-of-state entity is often referred to as a “foreign” corporation or as a “foreign” LLC. An out-of-state business entity is permitted to conduct business in California, but it must first register with the California Secretary of State as a foreign business entity and obtain a certificate of registration to transact intrastate business. There are penalties for an out-of-state business that does business in California without registering,…
  • Forming an Out-of-State Entity To Do Business in California

    Richard Burt
    8 Dec 2014 | 5:11 pm
    Sometimes the owner of a business in California believes that forming a business entity (such as a corporation or limited liability company) to do business in California is best done under Delaware law or Nevada law. While this may at times be a good idea, more often it is a misguided notion, brought about by claims that the law of another state is more favorable than California’s or that greater privacy is afforded the business by forming under the law of another state. In most cases, there is no benefit at all in forming a business entity out-of-state, but there is a definite cost, which…
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    Minneapolis Personal Injury Law Blog

  • What actually causes spinal cord injuries?

    On behalf of Rischmiller & Knippel LLP
    19 Dec 2014 | 1:11 am
    Most people know that the primary purpose of the spinal column is to act as a conduit for nerves that connect the brain to other parts of the body. Fewer people know that a spinal cord injury usually begins when some violent force fractures or dislocates sections of the spinal column called vertebrae. The actual damage to the spinal cord usually begins when bone fragments from those vertebrae or other body parts cause bruising or tearing along the spinal cord tissue. Many people erroneously believe that paralysis only occurs when the spinal cord is severed. That's not always the case. In…
  • Minnesota man charged with vehicular homicide after DUI crash

    On behalf of Rischmiller & Knippel LLP
    11 Dec 2014 | 4:50 pm
    While car accidents are well known as one of the leading causes of brain injuries, most people think of these accidents happening at the hands of a stranger. However, many people every year are injured in car accidents where a friend is driving, and as shown in the following case, disastrous consequences can happen when that friend is drunk. According to reports, a 21-year-old Minnesota man is being charged with criminal vehicular operation and criminal vehicular homicide after a Nov. 22 car accident left his friend and passenger dead. The 21-year-old was reportedly driving himself and two…
  • The role of nursing in Minnesota medical malpractice claims

    On behalf of Rischmiller & Knippel LLP
    4 Dec 2014 | 6:40 pm
    The medical industry shares many similarities with other workplaces that rely on competent staff. Hospitals are somewhat like a fine restaurant in that the head chef is only as good as the kitchen staff that prepares and assembles the majority of the food items. Similarly, nursing staff members at any hospital play critical supportive roles to surgical doctors in the day-to-day management and execution of their hospital and patient responsibilities. Several years ago, the Minnesota state legislature began to grow concerned at an increasing amount of hospital and doctor errors that were…
  • Premature births can be a form of birth injury

    On behalf of Rischmiller & Knippel LLP
    28 Nov 2014 | 5:51 am
    A premature birth is defined as any birth that occurs before the 37th week of gestation. A 2012 study sponsored by the Centers for Disease Control and Prevention found that 450,000 American babies were born prematurely that year. That is a staggering one out of every nine children born in the U.S. The reason why premature births are so troubling is because many of them result in death or injury to the child. That's because many of the body's major organs such as the liver, brain and lungs require the last few weeks of gestation in order to fully develop. There are also long-term neurological…
  • What will my no-fault car insurance pay after an auto accident?

    On behalf of Rischmiller & Knippel LLP
    20 Nov 2014 | 6:08 am
    In a previous blog post, we touched on some of the rationale behind Minnesota's no-fault car insurance statute. Put simply, the Minnesota legislature implemented the law in an effort to balance the immediate needs of injured motorists with the financial responsibilities held by insurers. The ultimate goal of no-fault car insurance is to quickly compensate injured motorists while not bankrupting insurers by allowing exorbitant claims. Currently, Minnesota law requires no-fault insurers to cover "reasonable" expenses related to medical treatment. Generally, your basic coverage for those medical…
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    California Innocence Project » Blog

  • Learning from Nick Yarris

    Madison Christian
    19 Dec 2014 | 10:56 pm
    By Madison Christian Last Saturday night, I jumped on t […] The post Learning from Nick Yarris appeared first on California Innocence Project.
  • Innocence March Vigil Photos and News

    15 Dec 2014 | 1:22 pm
    The California Innocence Project hosted an Innocence Ma […] The post Innocence March Vigil Photos and News appeared first on California Innocence Project.
  • Matthew and Grace Huang Board Plane for Los Angeles

    3 Dec 2014 | 4:33 am
                FOR IMMEDIATE […] The post Matthew and Grace Huang Board Plane for Los Angeles appeared first on California Innocence Project.
  • Giving Tuesday

    2 Dec 2014 | 10:00 am
    On this Giving Tuesday, consider giving to the Californ […] The post Giving Tuesday appeared first on California Innocence Project.
  • Innocence March Vigil

    1 Dec 2014 | 7:49 pm
    The California Innocence Project will host an Innocence […] The post Innocence March Vigil appeared first on California Innocence Project.
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    Pensacola Florida Personal Injury and Social Security Lawyer

  • Video Surveillance May Be Used As Additional Proof a Claimant is Not Disabled

    Nick A. Ortiz, Esq.
    21 Dec 2014 | 8:38 am
    Video Surveillance May Provide Additional Proof a Claimant is Not Disabled In Mozdzierz v. Aetna Life Insurance Company, the plaintiff (claimant) seeks disability benefits from Aetna, the insurer of his ERISA-governed long term disability plan. The Federal District Court (for the Eastern District of Pennsylvania) found that Aetna did not abuse its discretion in denying plaintiff’s claim based upon the record. In other words, Aetna’s denial of benefits was upheld. It is a relatively standard court opinion. However, it is worth noting here because of the court’s discussion on the…
  • 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…
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    Atlanta Criminal Lawyer Blog

  • Impact of Georgia's Juvenile Justice Reforms

    9 Dec 2014 | 9:28 am
    In Georgia, anyone under the age of 17 is considered a juvenile offender and enters a separate system for juvenile offenders, rather than the adult criminal justice system. A judge reviews their cases and decides an outcome. In a worst-case scenario, the outcome of a juvenile case can result in long-term confinement in a correctional facility. However, in most cases, the goal is not punishment, but rehabilitation. Under some circumstances, depending on the juvenile's age, he or she can be tried as an adult, and his or her case can be transferred to adult court. In the past, too many kids…
  • Shoplifting Recidivists in Georgia

    9 Dec 2014 | 9:25 am
    Shoplifting is illegal in Georgia. Shoplifting can be charged when the defendant performed actions with the intent of taking merchandise without paying or of depriving the owner of possession of merchandise or its value. Shoplifting includes altering price tags, switching labels, transferring merchandise between containers, or otherwise causing less to be paid for a particular item. It can be charged as either a misdemeanor or a felony, depending on how much was stolen and whether there were any aggravating circumstances. In a recent appellate decision, a Georgia jury found the defendant…
  • Denial of Bond in Georgia Hit and Run

    9 Dec 2014 | 9:08 am
    In Prigmore v. State, the defendant was arrested for a hit and run under OCGA § 40-6-270. He was also arrested for vehicular homicide, reckless driving, and driving under the influence of drugs. Under the hit and run statute, a driver of any vehicle that is involved in an accident resulting in injury or death to anybody is required to stop the car at the scene. If the driver can't stop right at the scene, he or she must stop as close to the scene as possible and go back to the scene to give help to the victims. For a first conviction, the defendant must be fined between $300 and $1,000,…
  • Atlanta Georgia Attorney Tom Nagel discusses hit-and-run O.C.G.A. 40-6-270

    2 Jul 2014 | 3:11 pm
    Sandy Springs, Dunwoody, Fulton, Gwinnett, DeKalb and Cobb County Hit-and-run lawyer Nearly every week I'll get a call from somebody who was involved in a hit-and-run situation. You may have left the scene for many different reasons. Within the next few days following a hit-and-run, it's not uncommon to receive a call from a hit-and-run detective or police officer from the city or county in which the incident occurred. The detective wants to talk to you about what happened to get your version of the events. The detective or police officer will ask you to come to the station to discuss what…
  • Atlanta Georgia Criminal Defense Attorney Tom Nagel explains Double Jeopardy

    16 Jun 2014 | 10:35 pm
    The Georgia Constitution protects its citizens against multiple punishment for the same offense. This is known as double jeopardy, yet it does not forbid additional punishment for separate offenses which have been deemed to warrant separate sanctions. There is protection against multiple or successive prosecutions for crimes arising from the same conduct. This mandates that different crimes arising from the same conduct and known to the prosecution at the time must be tried in a single prosecution. If several crimes arising from the same conduct are known to the proper prosecuting officer at…
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    Harrison County Personal Injury Law Blog

  • We protect Texas burn-injury victims

    On behalf of Carlile Law Firm LLP
    19 Dec 2014 | 5:32 am
    Life in Texas can take some interesting turns -- some positive, others much less so. Take, for instance, the following scenario. A Texan hits the road in his SUV. While trying to get onto a highway, a car blocks the SUV's path. The SUV maneuvers away from the collision and off the side of the road. The SUV flips, the gas tank ignites and the driver is burned. That scenario is just one of many ways in which Texans get burned through no fault of their own. When that happens, life can look and feel a lot different. A once-promising future can appear much dimmer. A new, more challenging path…
  • Premises liability: businesses must keep their location safe

    On behalf of Carlile Law Firm LLP
    11 Dec 2014 | 1:32 pm
    Many, if not most, Texans have experienced it: they have been walking along when they suddenly find themselves on the ground. The reason for the swift shift: a slip, trip or fall. Each can lead to injuries, some mild, others severe. When Texans are hurt from a slip, trip or fall at someone else's home or at a business, they may have legal options. These legal options flow from the principle that people and businesses have a duty to keep their premises safe. That means they must take action to make sure Texans who use those premises are not harmed from preventable causes. Failure to do so may…
  • Semi-truck swerves, causes chain reaction that kills driver

    On behalf of Carlile Law Firm LLP
    5 Dec 2014 | 6:49 am
    'Tis the season for traveling. But with all that extra traffic on the roads comes the risk of an accident. If that accident involves a semi-truck, the risk of harm is even worse. Why? Because of the size of trucks. They are much bigger and heavier than the traffic around them. When they collide with other vehicles, that extra size and weight can be devastating. Take, for instance, a recent truck accident. It happened shortly after lunch on a highway. A semi-truck was going west; a vehicle in front of it was slowing or stopped to turn onto a county road. The truck swerved to avoid the car,…
  • Who can be held liable for a truck accident?

    On behalf of Carlile Law Firm LLP
    25 Nov 2014 | 10:52 am
    Tractor-trailers are an essential method of transporting goods around and across Texas. But the benefits of tractor-trailers do not come without a cost. One of the biggest costs comes from the size of tractor-trailers: These behemoths can deliver death and destruction to those unfortunate enough to collide with them. When that happens, Texans should not assume that they only have a cause of action against the truck driver. In many instances, the truck driver is just of one of the potential defendants; the driver's employer and insurance company, as well as others, may also be liable. But…
  • Sustained an oil-field injury? Get help

    On behalf of Carlile Law Firm LLP
    21 Nov 2014 | 6:45 am
    Texans work hard; they get the job done. But not every job goes off without a hitch. When that hitch turns into a serious personal injury, Texans have legal options. One is to file a personal-injury lawsuit (also known as a premises-liability suit when it involves an injury because property was not properly maintained -- e.g., slip-and-fall accidents). One location where plenty of injuries happen is the oil fields, both on and off shore. These fields -- though providing an essential resource -- are hazardous environments fraught with chemicals and moving parts. When negligence and human…
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    Tennessee Estate Law Blog

  • The Importance of Estate Planning for Those who are Single

    Ryan Simmons
    17 Dec 2014 | 9:59 am
    The landscape of the American population is ever changing. In 1970, approximately one-third of Americans age 15 and older were single. In 2013, that number had risen to nearly one-half. With a growing population of single individuals, it is important to recognize the implications on estate planning. While much of the attention on estate planning may focus on those who are married and have families of their own, the reality is that estate planning can be even more important for those who are single. Those included within the singles population may include divorced individuals, those who have…
  • Divorce and its Effect on Estate Planning in Tennessee

    Ryan Simmons
    2 Dec 2014 | 2:15 pm
    Life is full of change. Many of those life changes can reach much farther than people realize. While a large portion of the population has been affected by a divorce, often those individuals do not understand the impact that it may have on their estate planning documents. Exactly what happens to a last will and testament or power of attorney after there has been a divorce? It is important to understand what can happen if your documents are not updated. If you have questions how a major life change may affect your estate plan, contact the Nashville estate planning lawyers at The Higgins Firm.
  • The Higgins Firm Wishes You a Happy Thanksgiving!

    Ryan Simmons
    25 Nov 2014 | 2:28 pm
    This time of year brings families together to enjoy food, fellowship, and maybe even a little football. Whether your Thanksgiving involves a small gathering of close friends or a large get-together with distant relatives, this is a time to be thankful for all of those loved ones in our lives. As you meet with your loved ones, it is a great opportunity to think about your estate plan. Being around your family may help you evaluate who would best serve in certain roles or who may need some extra protection in the future. While your estate plan may not be your first concern, having an estate…
  • Meeting with a Tennessee Probate Attorney

    Ryan Simmons
    12 Nov 2014 | 1:04 pm
    Recently, attorney Jim Higgins stopped by Nashville’s NewsChannel 5 Talk of the Town Extra to discuss some steps to take when meeting with a Tennessee probate attorney after a death. When a person passes away, you may not exactly know where to turn next. If you have been nominated as an executor of an estate, you understandably may feel overwhelmed with so much to do. Often an estate will need to go through the probate court to ensure that creditors are paid and assets are distributed. A Tennessee probate attorney can help you through the probate process. The video below discusses…
  • 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…
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    Maryland Divorce Lawyer Blog

  • “Marital Presumption” Under Maryland Code Governs Issues of Paternity

    Anthony A. Fatemi, LLC
    16 Dec 2014 | 6:43 am
    Under Maryland law, children born or conceived during a marriage are presumed to be the legitimate children of both spouses. The issue of paternity is important to settle as early in a child’s life as possible, for emotional, financial, and legal reasons. Once a man is determined to be the father, he is under a legal obligation to support the child. In some cases, a person may attempt to dispute paternity and any resulting court order regarding child support or custody issues. This is a matter that courts take very seriously. If you are facing a paternity, child custody, or support matter,…
  • Maryland Court Upholds Award of “Indefinite Alimony” to Wife

    Anthony A. Fatemi, LLC
    26 Nov 2014 | 6:17 am
    Every state in the country has the authority to enact laws governing marriage and divorce. Couples who initiate divorce proceedings will be subject to their state’s particular laws. It is important to understand the family code in your state, as well as the applicable laws that will likely affect the outcome of your case. The Maryland Family Code covers a multitude of issues, such as child custody, division of property, and spousal support, also known as alimony. In many family law cases, the amount of alimony to be awarded is a hotly contested issue. If you are considering a divorce, it…
  • Maryland Court Refused to Reduce Father’s Child Support Payments

    Anthony A. Fatemi, LLC
    12 Nov 2014 | 6:02 am
    Divorce is difficult. Couples seeking to dissolve their marriage will likely face some challenging and potentially divisive issues, such as child custody and support, alimony, and the division of marital property. Ideally, the parties will set aside their differences to address these important matters in an effort to move forward in their separate lives. Fortunately, Maryland family law governs many aspects of the process, affording the parties somewhat of a blueprint of what to expect as they proceed through their case. But how these laws apply to the unique circumstances of any one family…
  • Maryland Recognizes Same-Sex Marriage (and Divorce); Some States Don’t

    Anthony A. Fatemi, LLC
    28 Oct 2014 | 6:02 am
    State laws govern various aspects of marriage and divorce. Since each state has the authority to enact such laws, there are many differences, both procedural and substantive, throughout the country. Here in Maryland, in 2012, Governor Martin O’Malley signed Senate Bill 116, the Civil Marriage Protection Act, thereby legalizing same-sex civil marriage in the state. By doing so, Maryland became the eighth state in the country to legalize same-sex marriages. But not all states have taken the same initiative, leaving same-sex couples with certain obstacles with respect to marriage and…
  • 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…
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    Houston Family Law Blog

  • Man in Texas denied license over same-sex marriage certificate

    On behalf of Shriver & McLean, L.L.P.
    18 Dec 2014 | 12:31 pm
    A man from Iowa has claimed that the Texas DMV has been discriminatory against him over his marriage to another man. The Dec. 8 report states that the man went in to get a driver's license in Texas with his new last name, but he was told that he should either go to court or get a divorce. In Texas, same-sex marriages performed in other states are not recognized. That means that the man's Iowan marriage was not recognized by the DMV. The employee at the DMV allegedly told the man that the marriage license didn't satisfy the requirements for a formal name change, and that he could either get a…
  • What to do about domestic violence during divorce in Texas

    On behalf of Shriver & McLean, L.L.P.
    11 Dec 2014 | 2:02 pm
    What do you do if you want to get a divorce or separation, but you and your child are in danger of domestic violence? Fortunately, Texas has the Family Code for just such a circumstance. In fact, protective orders can be filed in that kind of situation, which will allow for anyone in danger to be kept safe from harm. The application itself needs to be filed by an adult. So, if you are the mother or father of a child who could be in danger of abuse, then you need to file the paperwork. No person under 18 can do so in the state if the violence hasn't yet taken place. However, once a person is a…
  • Define your paternity rights in Texas now

    On behalf of Shriver & McLean, L.L.P.
    4 Dec 2014 | 3:26 pm
    You may not be married, but that doesn't mean your child means any less to you. As a parent of a child born into an unmarried relationship, you need to make sure your rights as a father are clear. Unfortunately, because of your situation, extra steps must be taken to determine visitation, custody and child support. In Texas, when a child is born to a mother who is not wed to the father of the child, then the child has no legal father recognized until paternity is determined and established in the courts. This process can be completed in one of two ways. Parents can either agree on paternity…
  • Adopting or fostering in Texas: The basic requirements

    On behalf of Shriver & McLean, L.L.P.
    25 Nov 2014 | 12:11 pm
    The adoption system in Texas is a great way to start a family or to provide a stable home for a child. Becoming an adoptive parent can take time, and there is a large amount of paperwork you must provide to adoption agencies to become a foster or adoptive parent. The basic requirements of adoption or foster parents state that parents may be single or married. They need to be over 21 years old and be financially stable. The adults in question must be mature and be willing to share information regarding their lifestyles and backgrounds. References must be provided, and an application must be…
  • What kind of visitation rights can I have in Texas?

    On behalf of Shriver & McLean, L.L.P.
    20 Nov 2014 | 4:29 pm
    As a parent in Texas, you may be entitled to visitation rights instead of full child custody. What does that mean? Essentially, your child will live with the other parent and you have a right to reasonable visitation. That means that you and your ex-spouse need to come up with a reasonable plan of visitation time. If you are able to cooperate with your ex, then this is normally preferred by the court. If you aren't able to work together to make a plan, then the court may do so for you. The person who has actual full custody or main custody rights will have more influence over what's…
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    Canton Social Security Disability Law Blog

  • TBI could leave person disabled, in need of SSDI

    On behalf of Marsh & Mittas Law Office, LLC
    19 Dec 2014 | 6:42 pm
    Many of our previous posts have focused on mental or physical illnesses that could prompt someone to seek Social Security Disability Insurance from the Social Security Administration. Those benefits are also available to those who suffer from disabling injuries as well. To qualify for disability benefits the injury the applicant suffers from must be serious enough to make it impossible for that person to do many of the things he or she formerly did, such as make a living by working. A traumatic brain injury could be an injury that results in this outcome. TBIs, which can be the outcome of…
  • New drug deemed promising in fighting Hodgkin Lymphoma

    On behalf of Marsh & Mittas Law Office, LLC
    12 Dec 2014 | 2:10 pm
    When it comes to illnesses that could prompt someone to seek Social Security Disability Insurance, Hodgkin Lymphoma is one of multiple illnesses that could qualify for the benefits. New cases of this cancer, which affects a person’s white blood cells, occur around 10,000 times in the United States each year and kills more than 1,000 individuals during that same time period. It usually affects young adults and children. Though current treatments such as chemotherapy are often effective in preventing the return of the illness in approximately 75 percent of the cases, as is the case with other…
  • Could you qualify for Social Security disability?

    On behalf of Marsh & Mittas Law Office, LLC
    5 Dec 2014 | 1:46 pm
    When someone is dealing with a serious illness or injury, simply accomplishing the minimum tasks that need to be done each day can be a challenge. Accordingly, the thought of taking on anything additional may not even be considered—even things that could be a benefit to that person. Looking into disability benefits from the Social Security Administration could fall into that category. Part of the reason that some who might qualify for these benefits due to either an illness or injury might not take the time to apply is simply because they are unaware that they could qualify for Social…
  • Report find that some ALJs approved disability benefits too often

    On behalf of Marsh & Mittas Law Office, LLC
    26 Nov 2014 | 8:08 pm
    Though undoubtedly an important resource for disabled individuals throughout the nation, disability benefits such as Social Security Disability Insurance, available from the Social Security Administration, are not always easy to obtain. They are commonly denied upon initial application prompting applicants to have to appeal the decision. In some cases the benefits are approved on appeal.  The contents of a recent report could make it even more difficult to secure these monthly payments. The report, issued by the inspector general of the Social Security Administration, indicates that “a…
  • Asthma can have a serious impact on those diagnosed

    On behalf of Marsh & Mittas Law Office, LLC
    21 Nov 2014 | 2:46 pm
    The involuntary act of breathing is something many who reside in the state of Ohio likely take for granted. Those who are living with serious asthma however, may not. This is because its symptoms can be serious and if left unchecked it can lead to death. Asthma is a lung disease in which the airways of a person who is diagnosed with it, become inflamed. That inflammation causes the muscles around the airways to tighten, narrowing the airway. This is turn makes it more difficult to get air into the lungs. In some cases the situation is exacerbated by an increase in the amount of mucus made as…
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    Sacramento Injury Law Blog

  • Head-on collision in California leaves 2 with injuries

    On behalf of Aiken & Jacobsen
    18 Dec 2014 | 12:23 pm
    The California Highway Patrol reported that a two-vehicle car accident that occurred on Route 76 on Dec. 8 left two people with serious injuries. An officer with the state Highway Patrol said that the incident took place near Gird Road in San Diego at approximately 6:50 a.m. A 54-year-old woman who was operating a 1986 Ford Ranger in the westbound lane reportedly drifted across the centerline into oncoming traffic, causing a head-on collision with a 2001 Nissan Frontier. The driver of the Nissan was identified as a 64-year-old man. Both drivers were transported to Palomar Medical Center to…
  • Possible DUI in Highway 44 crash injures mother and son

    On behalf of Aiken & Jacobsen
    10 Dec 2014 | 4:41 pm
    A 59-year-old woman and her son were injured in a crash on California Highway 44. The accident happened on Nov. 28 at about 1:50 p.m. According to California Highway Patrol, the woman was driving a Toyota Tacoma truck eastbound when a westbound Chevrolet Equinox SUV crossed over the yellow line. The two vehicles crashed head on. The Tacoma then rolled onto the highway's south side while the Equinox careened for several hundred feet and left the road, entering a field and finally crashing into a fence. The driver of the Equinox and a female passenger suffered minor injuries. The 25-year-old…
  • 4 hospitalized following California crash

    On behalf of Aiken & Jacobsen
    3 Dec 2014 | 9:52 am
    The California Highway Patrol received a report of a crash involving two vehicles on the Ortega Highway around 5:30 p.m. on Nov. 23. The accident occurred near Lake Elsinore, roughly a mile west of the Ortega Oaks Candy Store. Following the accident, the California Highway Patrol closed lanes of the highway headed east. The accident took place on a curve along an undivided stretch of the road. Three Camp Pendleton residents, all male, were headed west in a 2014 Dodge Dart on Ortega Highway. While taking the curve, the driver of the Dodge Dart crossed over the double yellow lines and into the…
  • Safety risks of texting while driving

    On behalf of Aiken & Jacobsen
    25 Nov 2014 | 1:21 pm
    Residents in California may benefit from learning more about the safety risks of texting and driving as described by the Federal Communications Commission. Several states already have laws that prohibit motorists from texting while driving. Parents are advised to provide teenagers with explicit instructions that forbid texting while driving. Many times, it only takes a few seconds of the driver's eyes leaving the road for an accident to occur. Statistics indicate that 11 percent of the motorists between 18 and 20 years old who survived a car accident admitted to being involved in texting when…
  • California accident leaves 1 dead, 6 injured

    On behalf of Aiken & Jacobsen
    18 Nov 2014 | 3:21 pm
    One man died in a Nov. 14 crash on a curved stretch of Highway 79 in Temecula that also resulted in injuries to six people, according to authorities. The wreck reportedly occurred when a pickup truck driver attempted to pass a tractor-trailer on the highway. As a result, three vehicles became involved in the crash. According to the California Highway Patrol, the accident happened at around 5:30 a.m. near Pauba Road. That is where the 67-year-old driver of an eastbound Toyota Tundra crossed over the roadway's centerline and hit a westbound PT Cruiser. The latter vehicle subsequently crashed…
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    Morristown Personal Injury Law Blog

  • Civil and criminal actions in truck accidents can be concurrent

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    15 Dec 2014 | 6:13 am
    Most New Jersey residents who are following the case of comedian Tracy Morgan are aware that he is still recovering from a traumatic brain injury he suffered in a devastating crash on the New Jersey Turnpike in June of 2014. When the incident first occurred, it was reported here on June 18, 2014 ("New Jersey truck accidents: Tracy Morgan, others hurt, 1 killed") that a civil action could proceed regardless of the status of any criminal prosecution. Recently, the federal judge presiding over Morgan's civil action agreed. The man driving the Wal-Mart truck at the time of the accident attempted…
  • Woman says medical malpractice caused husband's death

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    10 Dec 2014 | 8:15 pm
    When a New Jersey resident needs the services of either an ambulance or a medical helicopter, an assumption is often made that it is kept stocked with the equipment and materials necessary to sustain life until arrival at a hospital. Most emergency personnel are diligent in keeping their vehicles ready to handle any emergency. However, an out-of-state woman claims in a medical malpractice suit that a medical helicopter company failed to ensure it had the proper equipment on board when transporting her husband. The man went to the emergency room at a hospital in his area on Jan. 8 due to…
  • Fatal single-car crash adds to Thanksgiving car accidents

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    3 Dec 2014 | 4:07 pm
    Thanksgiving is supposed to be a time for families across the country to get together, count their blessings and perhaps even watch some football. Regrettably, some families find it impossible to celebrate when their loved ones are injured or killed in car accidents. Two families here in New Jersey may have been looking forward to celebrating the holiday until tragedy struck that afternoon. Sometime after 4:35 p.m., police in southern New Jersey received a call regarding a single vehicle crash. The driver, a 62-year-old man, lost control of the car on a curve. The vehicle then left the…
  • Charges in car accidents can be upgraded if the victim dies

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    24 Nov 2014 | 6:10 pm
    Depending on the circumstances surrounding an accident, the party or parties believed to be at fault could face criminal charges. However, charges associated with car accidents can be amended if one or more of the victims passes away. The charges against a man who remained in custody in the New Jersey township of Ocean at last report were recently upgraded after the victim in a pedestrian vs. car accident died. Reports indicate that, when the crash occurred, the 33-year-old driver in custody failed to stop even though the victim was trapped in the windshield of his vehicle. The 61-year-old…
  • Evidence in car accidents comes from numerous sources

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    18 Nov 2014 | 8:33 am
    During the investigation of an accident, law enforcement officials in New Jersey look at as many sources as possible to determine what happened. Evidence regarding car accidents can come from the crash scene itself, witnesses and even video footage. A piece of video footage from a driver's dash camera could provide police with a clue to a recent crash that killed a 19-year-old man. The man was traveling north on Route 9 at about 11 p.m. when his dash cam captured a southbound vehicle out of control. The vehicle slammed into the concrete dividing the north and southbound lanes of the highway.
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    Chicago Auto Accident & Injury Law Blog

  • Criminal charges filed following fatal crash

    On behalf of Strom & Associates, Ltd.
    19 Dec 2014 | 1:42 pm
    In connection with a Dec. 5 fatal car crash, a 29-year-old Illinois man has been charged with aggravated driving under the influence of alcohol causing death. The fiery crash occurred when the 29-year-old man collided with a car from the opposite lane that was attempting to make a left turn. The driver of that other car, a 37-year-old man, died at the scene. The DuPage County State's Attorney has filed the criminal charges against the 29-year-old man. Bail has been set at $500,000. A press release from the prosecutor indicates that the defendant's blood alcohol content was two times the legal…
  • Attempts to limit cellphone-related accidents in Illinois

    On behalf of Strom & Associates, Ltd.
    17 Dec 2014 | 1:43 pm
    Distracted driving has been a determining factor in 18 percent of fatal motor vehicle accidents, resulting in the deaths of 3,328 people in 2012. The number of car accidents involving cellphones has caused the Federal Communications Commission to lead a campaign against texting while driving. The crash risk while texting and driving is 23 times more likely to occur than driving without diversion, according to the Virginia Tech Transportation Institute. The FCC has created a coalition of organizations to combat the occurrence of car accidents by developing a clearinghouse to educate the public…
  • Woman killed in truck accident

    On behalf of Strom & Associates, Ltd.
    11 Dec 2014 | 5:50 pm
    A collision between a car and a tractor-trailer in Massac County resulted in the death of a Kentucky woman, according to the Illinois State Police. The accident happened on Dec. 5, reportedly. Authorities said that a Ford Mustang and a White Freightliner were both traveling north on U. S. 45 when the truck attempted to enter Interstate 24 by turning left, traveling across the path of the Mustang. The driver of the Mustang was unable to avoid the truck, and the two vehicles collided, authorities said. The driver of the Mustang, a 22-year-old woman, suffered fatal injuries due to the accident.
  • Traffic circles purportedly reduce accidents

    On behalf of Strom & Associates, Ltd.
    9 Dec 2014 | 5:51 pm
    In Illinois' most populous city, Chicago, there were 139 fatalities related to car crashes in 2010, reportedly. According to the United States Department of Transportation, traffic circles, or roundabouts, reduce the occurrence of overall accidents by 48 percent. When a signalized intersection is converted to a roundabout, severe collisions may be reduced by 78 percent, purportedly. Roundabouts are safer than signalized intersections because they channel traffic in a way that reduces conflict. That is because roundabouts create and maintain a low-speed environment. There are about 300,000…
  • St. Charles woman killed by alleged drunk driver

    On behalf of Strom & Associates, Ltd.
    6 Dec 2014 | 6:15 pm
    Officers with the St. Charles Police Department reported that an alleged drunk driving accident that occurred on Nov. 28 resulted in the death of a 65-year-old St. Charles woman. Authorities reported that the collision occurred around 2 p.m. on Second Street near the intersection of Illinois Route 31 and Timbers Trail.The 23-year-old alleged drunk driver was reportedly driving a Hyundai Santa Fe south on the road when he allegedly crossed the center median and entered the northbound lane. The 65-year-old woman's Toyota Corolla was then struck head-on by the man's vehicle. The woman was…
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    El Dabe Personal Injury Law Firm Blog

  • Head-On Car Collision in Moreno Valley Claims Life of Patricia Blanco

    Injury Reporter
    19 Dec 2014 | 12:12 am
    MORENO VALLEY (December 14, 2014) – A head-on car collision in Moreno Valley on Sunday has tragically claimed two lives. The accident took place on Sunday around noon time on the westbound side of Gilman Springs Road just west of Quail Ranch Road.  Patricia Blanco of Moreno Valley was rushed to Riverside County Regional Medical Center where she died on Wednesday.  Blanco was 25 years old.  A 29 year old man who has not been identified, was pronounced dead at the scene of the accident as well. It is not yet known if Blanco was a driver or passenger as details are still beginning to…
  • Pedestrians Chloey Harris and Kathy Whitehair Killed in Valle Vista Accident

    Injury Reporter
    18 Dec 2014 | 11:48 pm
    VALLE VISTA, RIVERSIDE COUNTY (December 16, 2014) – Teenager Chloey Harris and her grandmother, Kathy Whitehair were tragically killed Tuesday evening when a car struck them as they were attempting to cross the street. The incident happened minutes before 6:00 p.m. at 8th Street and Florida Avenue also known as Highway 74.  They were attempting to cross the road when they were struck by a silver Toyota sedan.  Both women were fatally injured.  Chloey Harris, 18 years old, was pronounced dead at the scene.  Kathy Whitehair, 65 years old, succumbed to her injuries later at Riverside…
  • Matthew Bretzing Killed in Anaheim Auto Accident

    Injury Reporter
    15 Dec 2014 | 8:36 am
    ANAHEIM (December 12, 2014) – Matthew Bretzing was involved in an auto accident on Friday morning that claimed his life. View of 5300 block of La Palma Avenue, Anaheim Bretzing was westbound on La Palma Avenue around 6:00 a.m. when his Ford Focus crashed into a trailer that had been separated from its truck.  According to reports, the trailer was blocking two of the three lanes on La Palma Avenue.  Bretzing was rushed to UCI Medical Center in Orange where he was later pronounced dead from injuries sustained.  The Anaheim resident had just turned 58 years old a month earlier. An…
  • Cypress Resident, Evan Achstein, Killed in Anaheim Motorcycle Crash

    Injury Reporter
    14 Oct 2014 | 4:05 pm
    ANAHEIM (October 13, 2014) –  Motorcyclist Evan Achstein was killed on Monday morning after being involved in an accident while riding his motorcycle. Ball Road and Western Avenue intersection The accident reportedly happened minutes before 7:30 a.m. at Ball Road and Western Avenue.  Achstein’s motorcycle collided with another car and he was ejected from his motorcycle.  A second vehicle was involved in the accident as well. Achstein was rushed to UCI Medical Center where he later died from his injuries.  Achstein, a resident of Cypress, was 27 years old.  According to a…
  • Motorcyclist Devin Santiago Fatally Injured in Huntington Beach Accident

    Injury Reporter
    29 Sep 2014 | 8:47 am
    HUNTINGTON BEACH (September 28, 2014) – Motorcyclist Devin Santiago was fatally injured in a Sunday evening traffic accident. The accident happened at 8:42 p.m. at the intersection of Pacific Coast Highway and 6th Street. Some reports are placing the collision at 8th Street and we will update the story with the correct location as it becomes clear. Devin was traveling north on PCH when the U-Haul truck attempted to turn onto Pacific Coast Hwy despite a stop sign. The dangerous maneuver caused the collision. He was rushed to Hoag Memorial Hospital in Newport Beach where he succumbed to…
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    Columbus Personal Injury Law Blog

  • Product Recalls: Dream on Me Playpens recalled

    By D. Andrew List
    19 Dec 2014 | 9:36 am
    Product recalls involving products used by children are particularly troubling.  The latest in a series of childrens' product recalls involves Dream on Me playpens.  The recall affects approximately 10,000 "Incredible Play Yards" wheeled playpens.  According to the playpen manufacturer, the steel rails can collapse, causing the side walls to come down and resulting in the risk of entrapment and strangulation. The recalled playpens were manufactured in China and sold from March 2010 to January 2014 for about $60.  Retailers who sold the recalled playpens include Wal-mart,…
  • Are there time limits on filing a wrongful death claim?

    On behalf of Dale Perdue
    17 Dec 2014 | 10:52 pm
    A number of events may occur that could lead Ohio residents to consider filing a wrongful death claim. The loss of a loved one due to another person's negligence or intent can be difficult to bear, and the financial consequences can devastate families. For those considering a wrongful death claim, it is important to know that these types of cases are subject to certain time limits. As with most legal claims, statutes of limitations do exist for wrongful death claims. These statutes vary by state, but in Ohio, the time limit is set at two years from the date of the victim's death. While it is…
  • What is a birth injury and what are some common causes?

    On behalf of Dale Perdue
    12 Dec 2014 | 9:16 am
    For new parents living in Ohio or elsewhere, bringing children into the world can set off a roller coaster of emotions. This is a time that is joyful and special, but feelings of excitement can be overcome with worry -- including about whether both mother and child will make it through the process of labor and delivery free of complications. Unfortunately, complications do occur during the birthing process. Some of these complications, if not handled sufficiently by medical staff, can result in a birth injury. A birth injury, by definition, is a physical injury that occurs during delivery.
  • Driver arrested after fatal car accident in Ohio

    On behalf of Dale Perdue
    10 Dec 2014 | 9:17 am
    A serious car wreck recently occurred in Ohio. In the Chardon Township car accident, a 35-year-old was killed by another driver. The other driver was arrested after the crash, and the 30-year-old has been charged with vehicular homicide along with multiple other charges. Shortly before 9 a.m., the 30-year-old was driving along State Route 44 when he decided to try to pass the car in front of him. However, as he tried to pass the vehicle, his own vehicle apparently went left of the center and into the opposing lane of traffic. While driving in the other lane, his car collided with another…
  • Medical malpractice: hospital medication error killed patient

    By D. Andrew List
    5 Dec 2014 | 8:57 am
    A hospital in Oregon admitted medical malpractice by acknowledging that a patient was given the wrong medication, resulting in her death. A 65 year old woman died two days after she was administered a paralyzing agent normally used during surgery, rather than the anti-seizure medication she should have received.  Loretta Machperson had come to the emergency room at St. Charles Health hospital in Bend, Oregon because she had questions about medication dosage following her recent brain surgery.  She stopped breathing and suffered cardiac arrest and brain damage after receiving the…
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    North Texas Legal News

  • Employers Do Not Have to Pay Employees for the Time Spent in a Security Screening After Work, Says the U.S. Supreme Court.

    Leiza Dolghih
    15 Dec 2014 | 7:53 am
    Amazon warehouse employees can’t seem to catch a break. A few years ago, the media was abuzz with the stories about the grueling conditions inside the company’s warehouses. This year, the United States Supreme Court ruled that the warehouse employees are not entitled to overtime pay for the time spent waiting to undergo and going through the required security screenings after the end of their normal work hours. In Integrity Staffing Solutions, Inc. v. Busk, Integrity Staffing Solutions, Inc. required its hourly warehouse workers, who retrieved products from warehouse shelves…
  • Arbitration Policies and Employment Agreements – A Tricky Area

    Leiza Dolghih
    21 Nov 2014 | 9:39 am
    Many business owners have been advised by their attorneys at some point in time to include an arbitration clause in their employment agreements or employee handbooks to make sure that any employment disputes are resolved by an arbitrator and not in a court of law.  After all, many attorneys subscribe to the school of thought that arbitration is cheaper and faster than litigation. Any employers that follow that advice and want to include an arbitration clause, should follow a few simple rules to make sure that the arbitration clause is actually enforceable: 1.  The arbitration clause must…
  • Providing Reference for a Former Employee – What Can an Employer Say in Texas?

    Leiza Dolghih
    10 Nov 2014 | 3:07 pm
    Most employers at some point get a call asking for a reference for one of their former employees. For good employees such call is not a problem, but for those who were fired or let go due to performance issues, violations of a company policy, or commission of a crime – the employer often faces a choice of not saying anything so as to avoid a defamation claim by the former employee or warning the potential employer of the former employee’s prior history. So, how much exactly can a former employer disclose to a potential employer without facing a defamation lawsuit from the…
  • U.S. Supreme Court Employment Cases to Follow in 2015

    Leiza Dolghih
    7 Nov 2014 | 10:06 am
    In 2015, the U.S. Supreme Court is posed to rule on the following important employment law issues: 1. Integrity Staffing Solutions, Inc. v. Busk - must employers compensate employees for the time spent undergoing security screenings at the end of the workday under the Fair Labor Standards Act?  The employees in this case allege that Integrity requires post-shift security screenings lasting up to 25 minutes, yet fails to compensate them for the time spent undergoing the screenings, which is a violation of the Fair Labor Standards Act (FLSA). Integrity claims that it is immune from…
  • What is a Trade Secret?

    Leiza Dolghih
    5 Nov 2014 | 1:27 pm
    What are trade secrets and how they are regulated depends largely on what state your business is operating in.  Currently, each state has it own statute and/or body of law that defines what is a “trade secret” and what legal remedies the owner of a trade secret may pursue if such trade secrets are taken or misappropriated from him or her. In Texas, trade secrets are governed by the Texas Uniform Trade Secrets Act (TUTSA), which came into effect on September 1, 2013. TUTSA defines “trade secrets” as “information,” that “derives independent economic…
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    Galveston Pharmaceutical Products Law Blog

  • Drug company co-founder and pharmacist charged for murder

    On behalf of Hodge Law Firm, PLLC
    18 Dec 2014 | 11:12 am
    Texas residents may be interested to learn about an indictment that was recently filed against employees at a U.S. drug company blamed for 64 deaths in 2012. Both of the co-founders of New England Compounding Center and 12 of their employees received criminal charges for the deadly meningitis outbreak that sickened a total of 750 people in 20 states. According to the U.S. attorney who announced the 131-count indictment on Dec. 17, the senior pharmacists at NECC were fully aware that they were manufacturing drugs in contaminated labs. At times, the fatal defective drugs were mixed with expired…
  • Side effects of taking Zoloft

    On behalf of Hodge Law Firm, PLLC
    11 Dec 2014 | 11:12 am
    Although Zoloft can help treat depression or panic disorder in Texas residents, it may also come with side effects. For instance, those who use the drug may develop a condition called serotonin syndrome if they use it in conjunction with medicines that may contain triptans. The symptoms of serotonin syndrome include a potential coma, nausea and overactive reflexes. Those who are suffering from the condition may also notice that they have an irregular heartbeat or a loss of coordination. Restlessness and confusion may also be signs of serotonin syndrome. In addition to serotonin syndrome,…
  • Defective defibrillators and liability

    On behalf of Hodge Law Firm, PLLC
    5 Dec 2014 | 10:51 am
    Defective medical devices may result in catastrophic health events for Texas patients. This is especially the case for highly specialized tools, including defibrillators, which deliver electric shocks to a patient's heart in order to restore normal heart rhythms. These devices may be external or implantable. If this device is shown to be defective, it may mean that the shock is too strong, the tool suffers machine failure or the device is dangerous to a patient in a crisis. Implantable and resynchronization therapy defibrillators made by Guidant were recalled in June 2005 across the country.
  • Lawsuits rise over metal hip replacement injuries

    On behalf of Hodge Law Firm, PLLC
    1 Dec 2014 | 4:11 pm
    Some Texas residents who have undergone hip replacement surgery may be concerned about some problems associated with metal hip replacement. Lawsuits against DePuy Orthopaedics, Biomet and Stryker have been filed. The lawsuits contend that a defect in the design of the artificial hips was responsible for the plaintiffs' injuries. Hip replacement surgery uses an artificial ball and socket to replace the hip joint, and the artificial joint is composed of various materials including metal and plastic. Hip joints made entirely of metal have been linked to metallosis, a condition where metal ions…
  • Takeda faces suits about misleading public about diabetes drug

    On behalf of Hodge Law Firm, PLLC
    20 Nov 2014 | 2:42 pm
    Takeda Pharmaceutical Co. has faced scrutiny and litigation over its diabetes medicine called Actos, and some Texas citizens may wish to know about the latest trial. A 71-year-old man filed a suit in West Virginia after claiming that the medicine caused cancer and that Takeda destroyed files that proved the plaintiff's complaint. Jurors determined that the company intentionally destroyed the files and awarded compensatory damages of $155,000 to the West Virginia man on Nov. 17. The plaintiff's attorney reported that Takeda also failed to warn consumers about the risks of taking Actos.
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    New Haven Personal Injury Law Blog

  • Some statistics involving distracted driving

    On behalf of Jacobs & Dow, LLC
    19 Dec 2014 | 2:20 pm
    Car accidents that involve distracted drivers injure more than 1,100 people and kill more than nine people every day. Distracted driving involves drivers doing other activities behind the wheel that take their eyes and minds off the road and their hands off of the steering wheel. While some Connecticut drivers might only consider using cellphones a distraction, other activities such as eating and using navigation systems are distractions as well.The 421,000 injuries reported from distracted driving crashes in 2012 increased 9 percent from 3,360 in 2011, while the 3,328 deaths in 2012 declined…
  • Surprising statistics about motorcycle accidents in America

    On behalf of Jacobs & Dow, LLC
    17 Dec 2014 | 2:21 pm
    Connecticut residents may not have heard the recent statistics concerning motorcycle accidents provided by the United States Department of Transportation's National Highway Traffic Safety Administration. According to the report, individuals who travel by motorcycle are 26 times more likely per vehicle mile to die in a traffic collision than individuals who travel by car. The department classifies motorcycles as being two or three-wheeled motorcycles, scooters, mopeds, mini bikes, off-road motorcycles and pocket bikes. In 2012, 3 percent of all registered cars in America were motorcycles, and…
  • Government data shows the benefits of switching to roundabouts

    On behalf of Jacobs & Dow, LLC
    12 Dec 2014 | 4:21 pm
    Connecticut drivers may be interested in some information about roundabouts, an alternative to the common signaled intersection in the U.S. This other type of intersection has many benefits, the largest of which is a reduction in total collisions and, particularly, serious and fatal vehicle crashes. According to the U.S. Department of Transportation, about one-third of all car accidents occur at any one of the estimated 300,000 intersections that have traffic signals. This amounts to over 2,000 deaths annually. About 7,000 of these deaths, they say, are due to drivers ignoring red lights and…
  • Motor vehicle accident facts and figures

    On behalf of Jacobs & Dow, LLC
    10 Dec 2014 | 10:20 am
    Car accidents can have a toll on drivers in Connecticut and elsewhere in the country. Data from the National Highway Traffic Safety Administration revealed that traffic accidents cost $1 trillion in lost lives and lost productivity in 2010. In 2012, 33,561 people died in motor vehicle crashes, which was an increase from 2011 and represented the first increase in six years. While fatalities were up in 2012, they were reportedly down 4.2 percent in the first half of