Law

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  • 5 ex-Madoff staffers want guilty verdicts thrown out — New York Post

    Securities Docket
    Securities Docket
    16 Apr 2014 | 7:11 am
    The five ex-staffers of Bernie Madoff found guilty of helping the Ponzi monster pull off his epic $17 billion fraud are demanding an acquittal or new trial, claiming they were railroaded by flawed jury deliberations and false testimony from government witnesses. via 5 ex-Madoff staffers want guilty verdicts thrown out — New York Post.
  • Serious Nerve Damage Side Effect Peripheral Neuropathy Associated With Levaquin, Cipro, And Avelox May Be A Permanent Drug Injury

    Drug Injury Watch
    Tom Lamb
    10 Apr 2014 | 1:40 pm
    An August 2013 Label Change Mandated By The FDA For All Fluoroquinolone Antibiotics Was Intended To Raise The Profile Of This Relatively Unknown Risk (Posted by Tom Lamb at DrugInjuryWatch.com In August 2013 the FDA mandated a label change to increase the warning about peripheral neuropathy or serious nerve damage caused by Levaquin, Cipro, and Avelox, as well as other antibiotic medications in the fluoroquinolone antibacterial class of drugs.Peripheral neuropathy as an increased risk, or side effect, of using Levaquin, Cipro, Avelox, and the like was added to the "Warnings" or "Warnings and…
  • How to reach legal consumers using online video

    Sui Generis-a New York Law Blog
    NBlack
    2 Apr 2014 | 5:45 am
    This week's Daily Record column is entitled "How to reach legal consumers using online video." My past Daily Record articles can be accessed here How to reach legal consumers using online video By now, most lawyers understand the power of online marketing, but many are still unsure how to go about using online tools to effectively and affordably reach potential clients. Oftentimes, lawyers struggle to find the proper balance between promoting their practices and creating content that is discoverable by search engines while simultaneously providing information that is both interesting and…
  • Can I Sue My Neighbor to Obtain Attorney Fees?

    Ask the Lawyer @ Dear Esq.
    House Attorney
    14 Apr 2014 | 5:39 pm
    Our next door neighbor keeps calling the police to say our dogs are barking. This went on for a year and a half, but when the police patrolled the area in response to her calls, they heard nothing (because our dogs weren't barking) and issued no citations.
  • Women are squarely in the picture where law and technology combine

    ABA Journal Magazine Stories
    ABAJournal.com
    1 Apr 2014 | 3:40 am
    When Alison Monahan, founder of the Girl's Guide to Law School website, went to a high-profile legal technology conference last year in Silicon Valley, she noticed something missing on the roster of speakers: women. "There was really only one woman speaking the entire day," she says. "I thought, 'Really? That's the best you can do?' " That day she and some other female audience members decided to form an online group called Law Tech Ladies to cater to the small-but-growing number of women in the blossoming field where law and technology intersect.
 
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    Law Blog

  • Let Ruling Stand Allowing Northwestern Athletes to Organize, Union Says

    Douglas Belkin
    17 Apr 2014 | 8:24 am
    Getty Images EVANSTON, Ill.—Football players pushing to unionize at Northwestern University described the college's argument against organizing in a new legal filing as "a castle built on sand" that shouldn't prompt further review by the National Labor Relations Board. A landmark ruling last month by an NLRB regional director found Northwestern football players are employees of the college and should be able to organize. In a brief filed Wednesday night, the association that hopes to represent the players argued a petition by the university for a review of the decision by the NLRB's full…
  • Legal Bills Hit Bank of America; N.H. Awaits Death Penalty Vote; Tsarnaev’s Defense

    Jacob Gershman
    17 Apr 2014 | 5:49 am
    The AM Roundup: Law Blog rounds up the morning's news.
  • GM Seeks to Fend Off Recall Lawsuits Using 2009 Bankruptcy Shield

    Jeff Bennett
    16 Apr 2014 | 2:36 pm
    Mary Barra, chief executive officer of General Motors Co.Bloomberg General Motors Co. signaled it would fend off most lawsuits over claims linked to its ignition-switch recall using a bankruptcy protection shield despite calls from lawmakers and victims' families for the auto maker to forgo the legal maneuver.
 
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    LegalTXTS

  • Hawaii Judiciary Proposes to Address E-Discovery With Rule Amendments

    Elijah Yip
    11 Apr 2014 | 3:45 pm
    The Hawaii Judiciary is proposing amendments to the Hawaii Rules of Civil Procedure (HRCP) to address e-discovery issues.  The deadline for submitting comments is April 17, 2014.  The proposed amendments are available here. Some of the more notable changes being proposed are: The addition of references to “electronically stored information” (ESI) to Rule 26 (general discovery provisions), Rule 30 (depositions), Rule 33 (interrogatories), Rule 34 (document requests), Rule 37 (discovery sanctions and motions to compel), and Rule 45 (subpoenas) Amended Rule 26 expressly permits…
  • Lawsuit filed by creator of Facebook news site warns public employers to beware the First Amendment when disciplining employees for their social media conduct

    Elijah Yip
    20 Mar 2014 | 7:09 pm
    “It’s my First Amendment right to say what I want!”  The First Amendment is commonly invoked to justify personal expression.  But did you know that the First Amendment applies only when the government is involved?  For example, the First Amendment wouldn’t prevent a private company from firing an employee for making offensive comments about the governor.  If the same employee worked for a government office, then the First Amendment might apply.  As a lawsuit recently filed against the County of Maui illustrates, the First Amendment adds a layer of complexity for public employers…
  • Are You Prepared For E-Discovery of Data on Your Employees’ Personal Devices?

    Elijah Yip
    24 Feb 2014 | 3:36 pm
    Suppose an email from your company’s in-house attorney instructs you to preserve all documents relating to an ex-employee who is threatening to sue for wrongful termination.  In the days before smartphones and cloud storage, this would have been a relatively limited exercise: paper documents would be set aside and files on the company server would be backed up.  But work-related data can be stored in many places today, including personal devices of employees.  Is a company required to preserve such data? Costco Wholesale recently faced that issue in an employment discrimination and…
  • Hawaii Legislature 2014 — Summary of Proposed Computer Tech Legislation

    Elijah Yip
    31 Jan 2014 | 4:27 pm
    It’s time to roundup the bills related to computer technology that the Hawai‘i legislature is considering in its 2014 regular session.  Click here for a chart summarizing the proposed legislation.  Here are the highlights: Social Media and Internet Account Passwords:  Several bills to prohibit improper requests for access to personal social media accounts of employees and students were introduced in the 2013 session.  None of the them passed.  This year, HB2415 renews the effort to outlaw improper social media password requests. Internet Sales Tax:  HB1651 would require online…
  • NLRB Approves Rule Shuttering Cameras in the Workplace

    Elijah Yip
    27 Jan 2014 | 6:46 pm
    (Photo credit: Wikipedia) “Smile, you’re on Candid Camera.”  Originally coined on the eponymous TV show, that catchphrase is becoming more of common refrain in the workplace.  Any employee with a smartphone can easily record an office conversation in secret.  But are such covert recordings legal?  And what control, if any, does management have over the making of such recordings? The Law of Recording Face-to-Face Conversations A majority of states (approximately 37) follow the one-person consent rule for recording face-to-face conversations.  This rule authorizes the recording of a…
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    Overlawyered

  • No, as a matter of fact, it isn’t

    Walter Olson
    17 Apr 2014 | 4:59 am
    “It’s Doctors’ Duty to Promote Gun Safety With Patients” [Art Caplan, Medscape via Bill of Health] Next step: giving patients a hard time about kitchen or camping knives? [A. Barton Hinkle] Tweet Tags: guns, medical No, as a matter of fact, it isn’t is a post from Overlawyered - Chronicling the high cost of our legal system
  • Cliven Bundy and the U.S. Constitution

    Walter Olson
    16 Apr 2014 | 9:25 pm
    If you imagine that Nevada rancher Cliven Bundy is some sort of constitutional conservative, Josh Blackman wants to direct your attention to the Property Clause as well as the Supremacy Clause of the (actually existing) U.S. Constitution. He also has some thoughts on the Equal Footing Doctrine (states come into the union on an equal footing to the original 13), and on the rule of law in the context of the alleged right to flout court orders. Earlier here, with many reader comments, and more from Charles C. W. Cooke. Tweet Tags: constitutional law, contempt, Nevada, rule of law Cliven Bundy…
  • Medical roundup

    Walter Olson
    16 Apr 2014 | 9:05 pm
    Academics have underestimated sensitivity of medical system to liability pressures [Michael Frakes, SSRN via TortsProf] “Nobody has gone out and bought a new home” — Mark Lanier talks down his verdict knocking $9 billion out of Takeda and Lilly after two hours of deliberation by a Lafayette, La. jury [Reuters] Japanese drugmaker says it had won three previous trials [ABA Journal] Nursing home in living-up-to-its-name town of West Babylon sued over hiring male strippers to entertain residents [NYP, more (wife of complainant attended display), ABA Journal] “Reining in FDA…
  • Even for search and rescue?

    Walter Olson
    16 Apr 2014 | 2:50 am
    Sorry, say the feds: a drone ban is a drone ban [Steve Chapman] Tweet Tags: aviation Even for search and rescue? is a post from Overlawyered - Chronicling the high cost of our legal system
  • Philip K. Howard, “The Rule of Nobody”

    Walter Olson
    15 Apr 2014 | 9:15 pm
    Nick Gillespie reviews the new book by the author of The Death of Common Sense: The Rule of Nobody updates and expands Howard’s original brief, and it helps to explain why government at all levels not only is on autopilot but on a flight path that can only end in disaster. Every Philip Howard book is notable for its horror stories of regulation and systemic dysfunction, and reviewer Kyle Smith in the New York Post relates one I hadn’t heard, about the mammoth Deepwater Horizon spill: When the oil rig started leaking mud and gas, the crew should have simply directed the flow over the…
 
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    Solo Practice University®

  • Yes, Ask the Client!

    Mark Bassingthwaighte
    17 Apr 2014 | 5:30 am
    Last Fall I posted a piece entitled “Where’s the Beef” that discussed the value of peer review as a quality control process within the law firm setting. In this month’s post I would like to carry that discussion a bit further. Unfortunately, seasoned partners, if they are open to running with peer review at all, tend to want to view the peer review process as more of an educational tool for associates and they’ll leave it at that. Personally, I find that a bit short sighted because a good percentage of reported claims are the result of a partner’s misstep, not an associate’s.
  • When Do You Need A Therapist To Help With Life?

    Susan Cartier Liebel
    14 Apr 2014 | 5:30 am
    Here we go, again, talking about that taboo subject:  Being a lawyer and admitting you need help.  You don’t have to necessarily be depressed or even anxious.  But sometimes you just need an objective set of ears to listen and guide, help you sort through stumbling blocks, identify patterns of behavior or just validate your feelings and your goals. We are so pleased to welcome back Mayanne Downs for this special guest lecture because after her interview in the Orlando Magazine so many lawyers contacted her and thanked her for being so open (and nonchalant) about the fact she has…
  • Understand Your Mindset When Opting Back Into The Law

    Debra Vey Voda-Hamilton
    10 Apr 2014 | 5:00 am
    On March 16th my favorite program, The Good Wife, ran an episode addressing how Alicia Florrick opted back in to the practice of law. Whether you are a man or a woman, opting back in has its own set of obstacles. Alicia’s character in this episode provided great information for the rezoomer. I decided to boil the 60-minute program down to 3 ‘Opting Back In’ takeaways for my readers. The possibility of sex in law school, its lasting attraction and the kismet of meeting again in an elevator are left out of my suggestions; I hope you don’t mind. They make for good TV,…
  • The Access to Justice Movement – A Different Perspective

    Kerry Spence
    8 Apr 2014 | 5:30 am
    There is a systemic change in the American legal system that has been evolving for over 40 years.  The high cost of overhead for attorneys has forced them to price their services beyond the reach of 80-85% of the people needing legal help. This has caused a crisis in access to justice. The result of this change has been the emergence of a new tier in the legal system, where the paralegal handles the adjective law needs of the consumers (procedural law), focusing primarily on the use and processing of legal documents.  This allows attorneys to focus on the highly specialized practice areas…
  • Discounting Your Worth Is A Loser’s Game

    Susan Cartier Liebel
    7 Apr 2014 | 5:30 am
    I can’t tell you how often I am asked, ‘How do I set my fees?’ Setting fees for your legal services is a two-fold proposition. It isn’t just learning what the going rate for legal services is and positioning yourself within a reasonable range based upon your experience. It isn’t just about pricing based upon the value to your client. It is also confidently being able to convey to the client the value of your services. To be competitive in the legal services marketplace you must properly price those services based upon both your demographic area, the practice area,…
 
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    Simple Justice

  • Judicial Incentives: Why Judges Won’t Condemn Cops

    SHG
    17 Apr 2014 | 5:10 am
    At WaPo Conspiracy, Chicago lawprof Will Baude picked up on five lying Chicago cops (which five?  this five. Not to be confused with any other five, or four, or six).  He calls the story remarkable, not because cops lie, but because they got caught lying. One by one, five police officers took the witness stand at the Skokie courthouse late last month for what would typically be a routine hearing on whether evidence in a drug case was properly obtained. But in a “Perry Mason” moment rarely seen inside an actual courtroom, the inquiry took a surprising turn when the suspect’s lawyer…
  • SCOTUSBlog’s Proper Place

    SHG
    17 Apr 2014 | 4:08 am
    Within the realm of blawgs, one stands out above all others.  While there is blog in its blood, SCOTUSBlog has long since left behind the days when Tom Goldstein ran it from his kitchen table in a bathrobe. If there is a question on anything Supreme Court, it’s the first place everyone turns, from the Times to me. If there is a “legitimate” award handed out to a blog, SCOTUSBlog wins it. Like a Peabody. Heck, they won’t even let me see a Peabody unless I buy a movie ticket.  But there’s SCOTUSBlog, proudly accepting another win.  And did I mention it became a…
  • Seven Days In The Erie Can

    SHG
    16 Apr 2014 | 5:53 am
    It’s not that the crime with which William Payne is charged will make him particularly sympathetic, even with the usual caveat that the guy is innocent because he has yet to be proven guilty.  Yes, we all adore the innocent, but the $25,000 bail was good enough to keep him coming back for more. That is, until the assistant district attorney claimed he tried to run her down.  From the Buffalo News: The Erie County assistant district attorney prosecuting Payne had claimed that he drove within a couple feet of her following the first day of his rape trial. [Judge Kenneth] Case revoked…
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    Law and Magic Blog

  • War, Warriors, Magic, and Religion

    lpcprof
    10 Apr 2014 | 10:15 am
    Of interest: a series of articles on war magic and warrior religion in the journal Social Analysis (vol. 58, Spring 2014), in an issue called  War Magic and Warrior Religion: Sorcery, Cognition, and Embodiment. Here's the list. Farrer, D. S., Cross-Cultural Articulations of War Magic and Warrior Religion, 58 Social Analysis 1 (Spring 2014). Chan, Margaret, Tangki War Magic: The Virtuality of Spirit Warfare and the Actuality of Peace, at p. 25. de Grace, Jean-Marc, Javanese Kanuragan Ritual Initiation: A Means to Socialize by Acquiring Invulnerability, Authority, and Spiritual…
  • Harry Potter and Economics

    lpcprof
    1 Apr 2014 | 10:41 am
    Here's a paper on Harry Potter and economics. Not exactly law and magic, but there is a link between economics and law, since governments attempt to regulate the market to a greater or lesser extent. Darwyyn Deyo, George Mason University, Department of Economics, and Marta Podemska-Mikluch, Beloit College, It's Just Like Magic: The Economics of Harry Potter. Here is the abstract. Do the laws of economics apply in the magical world of Harry Potter? Even though J.K Rowling placed her characters in a world of magic, wizards remain subject to the implications of scarcity. As a result,…
  • Bloomberg Law Covers Teller Lawsuit

    lpcprof
    27 Mar 2014 | 8:03 am
    More coverage of the Teller lawsuit ruling here from Bloomberg Law, with a succinct discussion of the court's analysis.
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    What About Paris?

  • Sarah Silverman for Congress in 2016, New Hampshire, 1st Congressional District.

    Holden Oliver (Kitzbühel Desk)
    16 Apr 2014 | 9:59 pm
    And what's not to like? Forty-three now, she's smart, well-educated, articulate, outspoken--and of course funny. She grew up in Manchester, NH. She is very likely a Democrat. Interesting fact: Silverman's mother, Beth Ann, was Sen. George McGovern’s personal campaign photographer during his 1972 presidential bid.
  • Dupont Circle: Best 'Hood in DC.

    JD Hull
    16 Apr 2014 | 9:31 pm
  • Is clean technologies still a fad?

    JD Hull
    15 Apr 2014 | 11:43 am
    For over three decades, all manner of "alternative energy" products have been pitched as safer, healthier and cheaper ways to energy independence, especially during periods when oil prices are at their highest. Certainly, the idea of cleantech, green technologies and renewable resources is not new. The chronic obstacle for the industries that have formed around the idea? Making non-fossil energy sources affordable to consumers. But some cost-efficiencies are finally being achieved. At the very least, clean technologies these days is more than a recurring new age fad. See "Myths and realities…
 
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    Legal Juice

  • Holy Nativity Scene, Batman!

    John Mesirow
    16 Apr 2014 | 10:09 pm
    Public urination must occur almost as frequently as … um … public intoxication? Anyway, you probably wouldn’t be reading this if the gentleman in question, Mr. Nathan Strawn, had not allegedly urinated on the Nativity scene in a public square in Wilkes-Barre, Pennsylvania! The Juice is not a criminal lawyer, but how about this defense: Public? I thought it was some old, abandoned barn. Damn you pea-sized bladder! Back to the crime scene. As reported by The Times Leader: [King’s College student] Nathan Strawn, 22, was arrested after “he was observed fully exposed…
  • You Just Locked Your Car With Your Remote, So You’re Good, Right?

    John Mesirow
    15 Apr 2014 | 10:05 pm
    Almost everyone uses the remote control on their car key to lock the car. And it’s then alarmed too. What a great technology! Remotes have really come a long way. So you’re safe, right? Well, no. And here’s why, per wmbfnews.com: Apparently thieves are targeting those keyless entry remotes by using a device to de-code the signal and break into vehicles. Come again? “On national news they’ve had coverage about these devices. If people are using their remote controls for their car locks they have this device that can pick it up and mimic the code so they can get…
  • Why Would You Think That Fish Oil Is … ?

    John Mesirow
    14 Apr 2014 | 10:03 pm
    Who would go to a restaurant if they suspected the food might be tampered with? Well, there’s at least one woman who appears to fall into this category. As reported at highlinetimes.com (Washington State) in the police blotter: A Burien woman dining at the Tung Kee Mi Gia Chinese restaurant that opened in north Burien in late 2013 called the police after she suspected cooks of serving her urine with her meal on the evening of March 17th. The victim insisted that police come to the restaurant on the corner of 16th Avenue S.W. and 112th Street to investigate the suspicious sauce she had…
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    Ernie the Attorney

  • Are you a good speaker?

    Ernie Svenson
    11 Apr 2014 | 8:32 am
    You probably think you’re being perfectly clear when you give a presentation. But you don’t really know what the audience believes, do you? Not only that, you don’t even bother to ask. If you did, you’d be surprised how often you’re misunderstood. I was surprised. I found out because I give a lot of presentations. Well, that’s not exactly true. What I should say is: I give a lot of presentations, and I survey attendees myself immediately after the presentation. That’s how I found out what my audiences really believe. But just asking for feedback isn’t enough. You have to do it…
  • ABA Tech Show 2014

    Ernie Svenson
    25 Mar 2014 | 4:00 am
    The ABA Techshow is a great place to meet interesting small firm lawyers, and also the folks who help us figure out how to make use of technology as opposed being frustrated by it. Today, I’m catching a train to head to Chicago for this year’s ABA tech show (officially designated as ABA TECHSHOW). Pictures don’t do justice to how much fun TechShow is, and besides the fun there is everything else. Two and a half days filled with: Outstanding speakers who can explain legal technology well Practical topics for lawyers, and legal professionals An Expo Hall where you can easily…
  • The ‘Is It Worth It’ Factor

    Ernie Svenson
    1 Mar 2014 | 5:08 am
    My friend has this way of evaluating things, which she calls the “Is It Worth It Factor.” For example, many men cheat on their spouses or girlfriends. But some of those men figure out that, in the long run, the volcanic drama that eventually ensues isn’t worth it. The “Is It Worth It Factor” is not limited to the male propensity towards infidelity. It’s about cultivating heightened awareness, based on experience. What we call wisdom might just be a skill. Maybe the key skill for wisdom is being always ready to evaluate the endless stream of impulses,…
 
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    Ask the Lawyer @ Dear Esq.

  • Can My Neighbor Claim Private Use of a Sidewalk in Our Complex?

    House Attorney
    16 Apr 2014 | 5:07 pm
    I live in a townhouse, 2nd unit from the end. My neighbor, who owns the end unit, is trying to prevent me from walking on the sidewalk that goes around her house, leading down the hill to the backs of our townhome group.
  • Can I Change My Child Custody Order?

    House Attorney
    15 Apr 2014 | 6:33 pm
    I am emailing you because I am having problems with my ex-wife and her interpretation of the divorce papers. I am having problems with her being late when I drop off the kids and occasionally when I pick them up (in the past, I have waited hours for drop off). I sent a summer schedule in December of 2013 (which is due on or before May 1st) and I can’t get her to acknowledge or respond to even though I have proof she has read it.
  • Can I Sue My Neighbor to Obtain Attorney Fees?

    House Attorney
    14 Apr 2014 | 5:39 pm
    Our next door neighbor keeps calling the police to say our dogs are barking. This went on for a year and a half, but when the police patrolled the area in response to her calls, they heard nothing (because our dogs weren't barking) and issued no citations.
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    Balkinization

  • The Shadow Powers of Article I

    Guest Blogger
    17 Apr 2014 | 9:40 am
    Alison L. LaCroixFor the Symposium on Federalism as the New NationalismThe terms of the federalism debate have recently changed, with important and potentially far-reaching consequences that have not been fully appreciated—even by the Court itself. The interpretive struggle over the meaning of American federalism has shifted from the Commerce Clause to two textually marginal but substantively important battlegrounds: the Necessary and Proper Clause and, to a lesser extent, the General Welfare Clause. To be sure, the higher-profile commerce power continues to attract an enormous amount of…
  • Federalism as Administration and Politics

    Guest Blogger
    16 Apr 2014 | 8:14 am
    Jessica Bulman-Pozen For the Symposium on Federalism as the New NationalismHow should we understand American federalism today? Amidst dysfunction in Washington, the prompt of this Symposium—“Federalism as the New Nationalism”—might suggest the states are now in charge not only of their own affairs but also of the governance of our country as a whole, our nationalism no more than what individual states make it. Or perhaps it might be read to indicate the opposite: that a long-running process of centralization is complete and the federal government has displaced the states, reducing our…
  • Federalism as the New Nationalism

    Heather K. Gerken
    15 Apr 2014 | 11:44 am
    Today the Yale Law Journal has published a Feature marking the emergence of a nationalist school of federalism.  It brings together the work of five scholars (Abbe Gluck, Jessica Bulman-Pozen, Alison LaCroix, Cristina Rodriguez, and myself) who have made unique contributions to the field.  Thanks to Jack Balkin, each of the contributors to the YLJ Feature will offer her take on whether, as the Forum’s title suggests, “federalism is the new nationalismIn my Introductionto the collection, I argue that the essays collected in the Feature offer a descriptive and normative account…
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    Althouse

  • "Tell Ruth she needs to get on the stick and that the next election cycle is around the corner."

    17 Apr 2014 | 8:40 am
    "This is obviously a wonderful idea (that’s why we suggested it). I think you told Greg all you can tell him, unless you want to tell him that we’re taking guidance plan suggestions.”The "Smoking Gun" in the IRS scandal.
  • "The Many Ways in Which The New Book About the Duke Lacrosse Case is Wrong."

    17 Apr 2014 | 8:30 am
    A Stuart Taylor Jr. article at The New Republic (about the book "The Price of Silence: The Duke Lacrosse Scandal, the Power of the Elite, and the Corruption of Our Great Universities"). Excerpt:Sensational smears based on false information aside, the absence of new evidence does not deter [William D.] Cohan from seeking to spin his own tendentious characterizations of old evidence—often contradicted by other evidence elsewhere in the book—into dark Nifongesque innuendos of sexual assault, or "something."Along the way, Cohan repeatedly smears the falsely accused “Duke lax bros,” as he…
  • "Beards Are Less Attractive When They’re Everywhere."

    17 Apr 2014 | 7:31 am
    A headline that invites amusing visualizations sits atop a rather banal article at FiveThirtyEight that tells us that once too many men have beards a clean-shaven guy seems even more attractive than he would if fewer men had beards. There's no discussion of the underlying concern: Men with relatively weak chins have more to gain from adopting the beard look, and when beards are in style, it's more likely that the men who defy the trend (and go to the trouble of shaving) are the ones with the best-looking jawlines.Can we get some more statistics and analysis on that, 538?Meanwhile, I'm just…
 
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    Concurring Opinions

  • Cliven Bundy and Popular Sovereignty

    Robert Tsai
    16 Apr 2014 | 4:56 pm
    If you’ve been following the ranchers’ fight against the federal government and seen the latest news that armed ranchers have come to the aid of Cliven Bundy to keep the Bureau of Land Management from seizing his cattle grazing on federal lands, you will have noticed some commentators who praise their stand as a kind of “civil disobedience” (the National Review has even compared Bundy to Gandhi!). Others–including Senate Majority Leader Harry Reid–say Bundy is engaged in simple lawlessness, as he’s not paid ranching fees for decades and is flouting…
  • FAN 11.1 (First Amendment News) — Winners of 2014 Hugh M. Hefner First Amendment Awards

    Ronald K.L. Collins
    16 Apr 2014 | 3:17 pm
    Hugh Hefner The Hugh M. Hefner Foundation has just announced the winners of the 2014 Hugh M. Hefner First Amendment Awards. Christie Hefner established the Awards in 1979, in conjunction with Playboy magazine’s 25th anniversary, to honor individuals who have made significant contributions in the vital effort to protect and enhance First Amendment rights for all Americans. The awards will be presented on Tuesday, May 20, 2014, followed by a reception for past winners, journalists, government officials, and civic leaders at the Knight Conference Center at the Newseum in Washington,…
  • FAN.11 (First Amendment News) — Encouraging Suicide, First Amendment Protected?

    Ronald K.L. Collins
    16 Apr 2014 | 9:06 am
    {see news item after one immediately below re suicide case} Barcelona, April 14, 2014. I’m walking down a narrow street in Spain when I come upon a large town square (Plaza de San Jaime). Turns out that it’s the site of the offices of the Generalitat de Catalunya (a national entity) — the perfect place for dissidents to gather to protest against this or that or for this or that. On this day, the protestors were preparing for a rally to champion their anti-monacrchist movement. Mind you, I don’t have a horse in this race, if only because I know next to nothing…
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    The University of Chicago Law School Faculty Blog

  • Monday/Tuesday Blog Roundup

    UChicagoLaw
    15 Apr 2014 | 12:22 pm
    Eric Posner posts on Russia's invocation of 'civil war' in Ukraine and shares a response to his post on social security overpayments; Will Baude looks at a recent case in which police were caught lying; and Richard Epstein discusses "the problems with 'equal pay.'"
  • Weekend Blog Roundup

    UChicagoLaw
    14 Apr 2014 | 12:02 pm
    At The Volokh Conspiracy, Will Baude looks at a neglected cert petition in Williams v. Johnson and "a brief verbal skirmish at the U.S. Sentencing Commission;" meanwhile, Eric Posner examines the government's claim to be able to recover from children on account of Social Security overpayments to their parents.
  • Tuesday-Thursday Faculty Blog Round-up

    UChicagoLaw
    10 Apr 2014 | 1:52 pm
    The faculty have been busy the last few days: Eric Posner and Will Baude both have round-ups of their debates surrounding last quarter's seminar on originalism, while Baude also looks at a response to his tongue-in-cheek post on zombie federalism while Posner digs deeper into the GM scandal and reviews Omri Ben-Shahar's new book on mandated disclosure. Meanwhile, Brian Leiter notes SCOTUS' denial of the petition for certiorari in Elane Photography, congratulates the UChicagoLaw alums and Bigelow Fellows who accepted tenure-track positions, and sees indications that the decline in law school…
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    Sui Generis-a New York Law Blog

  • Tips on standing out in a competitive market

    NBlack
    8 Apr 2014 | 8:05 am
    This week's Daily Record column is entitled "Tips on standing out in a competitive market." My past Daily Record articles can be accessed here. Tips on standing out in a competitive market   I’m often asked — by lawyers and non-lawyers alike — for tips on how to stand out in today’s competitive job market. People are often referred to me because of the way I’ve used my online presence to leverage my connections and reach to find a niche and job that I enjoy immensely.As a result, I often find myself talking to young lawyers, lawyers seeking to change their current job…
  • How to reach legal consumers using online video

    NBlack
    2 Apr 2014 | 5:45 am
    This week's Daily Record column is entitled "How to reach legal consumers using online video." My past Daily Record articles can be accessed here How to reach legal consumers using online video By now, most lawyers understand the power of online marketing, but many are still unsure how to go about using online tools to effectively and affordably reach potential clients. Oftentimes, lawyers struggle to find the proper balance between promoting their practices and creating content that is discoverable by search engines while simultaneously providing information that is both interesting and…
  • Browser add-ons to simplify, secure your online life

    NBlack
    20 Mar 2014 | 8:35 am
    This week's Daily Record column is entitled " Browser add-ons to simplify, secure your online life." My past Daily Record articles can be accessed here Browser add-ons to simplify, secure your online life  Since we all spend so much time these days using the Internet, both during work hours and during our free time, I’m going to focus on browser add-ons today. With the right browser extensions, your Web surfing can be far less aggravating—and safer. It’s been a while since I shared my latest technology tips and tricks to help streamline and secure your online experience, so I…
 
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    Conglomerate

  • Welcome To The Blogosphere, Law & Economics Prof!

    David Zaring
    17 Apr 2014 | 9:18 am
    Up and running in the Caron blog empire is the new Law and Economics Prof blog, featuring a pretty long array of contributors, including Brian Galle, Murat Mungan, David Gamage, Eric Rasmussen, Ben Depoorter, Gerrit de Geest, Shi-Ling Hsu, Manuel Utset, and Yuval Feldman, with others on the way to join, I have it on good authority.  An interesting read so far, so do check it out.
  • AALS Mid-year Meeting on Corporate and Financial Law

    Erik Gerding
    16 Apr 2014 | 3:37 pm
    A friendly notice about the AALS-Mid-Year meeting on "Blurring Boundaries"... The AALS Workshop on Blurring Boundaries of Financial and Corporate Law will be held June 7-9 in Washington, DC. The workshop is designed to explore the various ways in which the lines separating distinct, identifiable areas of theory, policy, and doctrine in business law have begun to break down.  The workshop sessions will focus on: research; teaching; complexity; modern regulatory approaches; innovation; competition; and collaboration in international financial markets; and political dynamics.  A workshop…
  • Bitcoin Answers and Questions

    Usha Rodrigues
    16 Apr 2014 | 9:27 am
    You may remember Greg Shill blogged about Mr. Gox--at that time I just had some vague, "Mt. Gox-bad-virtual-currency-shady" bitcoin association in my head. Since then, I've heard 2 student presentations on Bitcoin , and I thought I'd pass along what I have learned. Dear reader, I will presume that you, like me, really don't know anything about it. It may well be that in this matter, like so many, I am wrong. Both presentations started out with this video (It's less than 2 minutes, just go ahead and watch it):  Ok, what struck you?  Was it the miners?  How bizarre is that?  Bitcoin…
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    Durham-in-Wonderland

  • Cohan's Approach to Op-Eds, New Items in the Book

    KC Johnson
    17 Apr 2014 | 5:32 am
    For those who want to read it, my general review of the Cohan book, published by Commentary, is here. Stuart has reviewed the book in the New Republic, and Peter Berkowitz has an intriguing review in Real Clear Politics.A few notes on the structure of the book. Much of the publication—perhaps as much as half of the 600-plus pages—consists of little more than repackaged summaries of material published by other journalists, columnists, speakers, or bloggers. Cohan offers all (or virtually all) these summaries without any analysis on his part. The effect is to present some of the most…
  • DNA & "Thousands of Years" of Rape Prosecutions

    KC Johnson
    15 Apr 2014 | 9:25 pm
    Author William D. Cohan continued his publicity tour yesterday, appearing on MSNBC’s “The Cycle” and WUNC’s “State of Things.” It’s hard at this stage to escape notice that Cohan’s press appearances have heavily tilted toward MSNBC and public radio, with a pending appearance at the Comedy Channel. It’s almost as if his bookers believe that a pro-prosecutorial misconduct message would appeal to liberals, a deeply troubling thought to those of us who are center-left Democrats but don’t see a Nifong apologia as consistent with the party’s values.In the event, Cohan…
  • Fisking Cohan on Rehm

    KC Johnson
    14 Apr 2014 | 9:01 pm
    Yesterday, author William D. Cohan made an extended appearance on the Diane Rehm Show. The hour-long session gave him the most detailed opportunity to present his controversial twin theses that “something happened” and Mike Nifong’s ethical misdeeds were either overblown or non-existent. The program has published the transcript of Cohan’s remarks—which in many instances are chilling. At the least, it’s clear that he has all but abandoned the argument-by-insinuation that characterized much of his book.Remarks, with my comments, below.COHAN11:08:29I decided that I had too many…
 
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    Legal Profession Blog

  • Partner Responsible For Ethics Violations

    Legal Profession Prof
    17 Apr 2014 | 6:11 am
    A name partner in a law firm was suspended for a year and until further order by the New York Appellate Division for the Second Judicial Department for misconduct in the operation of the firm's escrow account. The respondent and...
  • Former U.S. Attorney Reprimanded

    Legal Profession Prof
    16 Apr 2014 | 9:57 am
    The former United States Attorney for the District of Arizona has agreed to a reprimand by the Presiding Disciplinary Judge. The misconduct involved a leak in connection with the investigation into Fast & Furious. The reprimand notes that the attorney...
  • A Timely Issue Draws Editorial Comment

    Legal Profession Prof
    16 Apr 2014 | 8:34 am
    An editorial in today's New York Times In 2009, a lawyer in New York helped his client settle a claim for $30,000. The lawyer then had the check issued in his own name, deposited it into his own account and...
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    China Law Blog

  • Negotiating With Chinese Companies. The Pros And Cons of MOUs.

    Dan Harris
    17 Apr 2014 | 5:37 am
    We have a number of times written on the problems that can arise from using memoranda of understanding (MOUs) with Chinese companies. See the following for some of those posts: The China MOU (Memorandum of Understanding). Use Them At YOUR Peril. China MOU. Like I Really Care. China MOUs. I Really Do Care. Deeply. Mostly we have talked about how Chinese company (and to a large extent Chinese law and courts) are much quicker to view an MOU as the contract itself than are American companies and American courts. Because of that, we warned of the dangers in using an MOU. Since we did these posts…
  • China Challenges U.S. Antidumping Policies In WTO

    Chris Priddy
    16 Apr 2014 | 1:17 pm
    The U.S. Trade Representative (“USTR”) announced last week that China, in a follow-up to its December 3, 2013 request for World Trade Organization (“WTO”) consultations, has asked for a dispute settlement panel concerning certain U.S antidumping methodologies. The USTR requests public comments on the issues identified by China in its panel request. China challenges certain U.S. antidumping practices in the context of former proceedings on imported products such as coated paper, steel products, and shrimp. Certain of the allegations concern practices specific to antidumping cases…
  • China Trademarks. Register Them In China Not Madrid.

    Matthew Dresden
    14 Apr 2014 | 3:38 am
    Whenever clients ask about filing a trademark in China via the Madrid System, my answer is simple: filing a national application directly with the Chinese Trademark Office (CTMO) is better. Co-blogger Steve Dickinson takes an even stronger position. In his opinion, filing a China trademark via the Madrid System is a waste of time, and he categorically refuses to do it. The Chinese trademark system is complicated: at once idiosyncratic and highly regimented, and overseen by capricious examiners. But the one-size-fits-all Madrid application elides all of this and makes registering a trademark…
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    Patently-O » Patent

  • Guest Post by Prof. Sichelman: Stop Bashing Academics: Why Mark Lemley, Peter Menell, and Rob Merges are Highly Qualified to Teach and Write about Patent Law

    Jason Rantanen
    17 Apr 2014 | 6:51 am
    Guest Post by Prof. Ted Sichelman, University of San Diego, School of Law Recently, Hal Wegner has been circulating and commenting upon the qualifications of patent law professors. For example, he lists whether patent law professors at the Top Ten IP programs as ranked by US News & World Report are licensed to practice at the USPTO, have an “understanding” of international/comparative patent law, or clerked at the Federal Circuit (see below). According to Wegner, these “credentials” are “particularly” and “uniquely” valuable (in some cases, “essential”) for professors…
  • Curbing Trolls by Reforming the Patent Marking Statute

    Dennis Crouch
    16 Apr 2014 | 6:30 am
    Guest Post by François deVilliers, Chief IP Counsel, Plantronics, Inc. 35 U.S.C. 287(a) provides that constructive notice of a patent may be given by marking the patented article with the patent number, and that “In the event of failure so to mark, no damages shall be recovered by the patentee in any action for infringement, except on proof that the infringer was notified of the infringement and continued to infringe thereafter, in which event damages may be recovered only for infringement occurring after such notice.” This section is badly structured – instead of affirmatively…
  • Off-the-Record Examination: Is Conventional Wisdom Wrong?

    Dennis Crouch
    15 Apr 2014 | 6:01 pm
    By Dennis Crouch Interview summaries. In a recent post, Professor Chao discussed the common practice of examiner interviews where the patent attorney discusses outstanding issues with the patent examiner. No transcript or recording of the discussion is kept, although there is a requirement that a summary of the interview and its results be written and placed within the file history. Professor Chao argues that the summaries are insufficient because all-too-often, a seemingly valid rejection simply vanishes following an examiner interview. For evidence, Chao also cites discussions at a recent…
 
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    Patent Baristas

  • Licensing Executives Society International Conference: Make the World Better through Licensing

    Stephen Jenei
    24 Mar 2014 | 2:18 pm
    The Licensing Executives Society International will hold its 2014 annual conference in Moscow, Russia. Session The main program will be 18-21 May 2014. Conference Program The conference program will include 6 General sessions and 23 workshops with many outstanding speakers including WIPO director general Gurry and Chief Judge Rader of the U.S. Court of Appeal for the Federal Circuit. Both Russian and International experts will cover various IP and related issues like: BRICS & CIS countries as Emerging Markets International Access to Technologies Business & Legal Aspects of IP IP in…
  • Paper: An Examination of the Economics of the U.S. Patent System

    Stephen Jenei
    14 Feb 2014 | 6:23 pm
    The Consequences of Pending Legislation and Proposed Alternatives The Patent Act of 1790 granted patents to “he, she, or they” at a cost that even a pauper could afford.  At a time when women and blacks could not own property, both could own patents… and both did.  In 1809, Mary Kies became the first woman patentee for her invention related to weaving straw hats.  In 1821, Thomas L. Jennings became the first black patentee by inventing a method of dry scouring clothes.  During the 1800’s, some 3,300 women invented and patented 4,196 inventions and many made their full living by…
  • Chisum Patent Academy Advanced Patent Law Seminar

    Stephen Jenei
    26 Jan 2014 | 10:41 am
    The Chisum Patent Academy announced that the next Advanced Patent Law Seminar will be held March 5-7, 2014 at the spectacular 21C Museum Hotel in easily-accessible Cincinnati, Ohio (more venue details below). Seminar Coverage On January 10, 2014, the U.S. Supreme Court granted certiorari in two important patent cases: Limelight Networks v. Akamai Technologies and Nautilus Inc. v. Biosig Instruments.Akamai concerns the problem of multi-actor infringement of method claims. Must the predicate of direct infringement by a single entity be established before inducing or contributory liability…
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    Religion Clause

  • British Trial Court Rejects Claim That Wealthy Family's Property Was Held Under Hindu/ Sikh Law

    Howard Friedman
    17 Apr 2014 | 9:33 am
    Singh v. Singh, (EWHC, April 8, 2014) is a property dispute between members of an extremely wealthy Sikh family living in Britain. In the case, the eldest son in the family, Jasminder Singh, claims ownership of Tetworth Hall, described as "a spacious house standing in its own grounds on the edge of Ascot race course." He also claims ownership of 5.28% of the shares of Edwardian Group, Ltd., a very profitable company that operates hotels in central London and elsewhere. Both the house and the company shares are registered in Jasminder's name.According to the court, Jasminder's father,…
  • Suit Over Sale of Former Public School To Yeshivas Is Settled

    Howard Friedman
    17 Apr 2014 | 8:17 am
    Lower Hudson Journal News reports on the settlement of a lawsuit between the East Ramapo, New York school district and two Orthodox Jewish schools (yeshivas) that are leasing and seeking to purchase an elementary school building that was closed as a public school in 2009. Congregation Bais Malka of Monsey and the Hebrew Academy for Special Children, a religious school for children with special needs, have been renting the former Colton school since 2011. They sued last summer seeking credits for rent paid to reduce the purchase price of the building.  Opponents claim a conflict of…
  • 3 USCIRF Commissioners Are Reappointed

    Howard Friedman
    17 Apr 2014 | 5:47 am
    The U.S. Commission on International Religious Freedom announced last week that three of its commissioners have been reappointed. On March 28, Senate Minority Leader Mitch McConnell announced his reappointment of Mary Ann Glendon and Dr. M. Zuhdi Jasser. On April 9, Senate Majority Leader Harry Reid announced his reappointment of Dr. Katrina Lantos Swett. Commissioners are appointed for 2-year terms, some by Congressional leaders and some by the President, as specified in Section 201 of the International Religious Freedom Act.
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    LIKELIHOOD OF CONFUSION®

  • Explicitly yours

    Ron Coleman
    10 Apr 2014 | 12:10 pm
    Tomorrow I will be on a panel called ”Warning, the Following Material May Be Explicit: Addressing the Efficacy of §2(a) of the Lanham Act” as part of American University Law Review’s annual Federal Circuit Symposium. It’s being held at Arent Fox, whose web page promoting the event says: The American University Law Review’s Volume 63 Federal Circuit Symposium will assess the Lanham Act’s section 2(a) bars to registration for immoral, scandalous, and disparaging marks. Prominent legal academics, practitioners, and a Trademark Trial and Appeal Board judge will discuss…
  • “Dear Licensor” — Part II

    Ron Coleman
    9 Apr 2014 | 4:50 am
    Originally posted 2011-08-19 10:37:54. Republished by Blog Post PromoterPermission: Casey Berry Last spring I excerpted from and linked to an article by my friends Richard Bergovoy (of the Licensing Law Blog) and Oliver Herzfeld (of Beanstalk) concerning the dizzying concept of a trademark licensee gone bankrupt.  Now I’m told that Part II is out and about as well. Here’s a highlight: Richard Bergovoy If Licensee Seeks to Assume and the Licensor Objects The licensor may believe that the licensee or its proposed assignee are incapable of properly performing the license…
  • A Stitch in Time Saves Nine

    Ron Coleman
    9 Apr 2014 | 4:50 am
    Originally posted 2006-01-02 12:47:24. Republished by Blog Post PromoterEvan Schaeffer hosts this week’s Blawg Review #38 and credits Likelihood of Confusion for going light on the cliches. All’s well that ends well!
 
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    Sentencing Law and Policy

  • Big new empirical analysis of federal prosecutorial charging practices

    Douglas A. Berman
    17 Apr 2014 | 7:16 am
    I just learned about an important NIJ-funded project and report through the National Criminal Justice Reference Service which examines in depth federal prosecutorial charging decisions across US District Courts. The research was complete by Brian Johnson of the University of...
  • "Culpability and Modern Crime"

    Douglas A. Berman
    17 Apr 2014 | 7:01 am
    The title of this post is the title of this intriguing new paper by Samuel Buell now available via SSRN. Here is the abstract: Criminal law has developed to prohibit new forms of intrusion on the autonomy and mental processes...
  • Another bizarre, sad and fatal case of reefer madness?

    Douglas A. Berman
    16 Apr 2014 | 7:43 pm
    As reported in this prior post, a Denver coroner report concluded that a young man fell to his death in March after eating marijuana cookies which may have caused him to act erratically. Now, as reported in this local article,...
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    Grits for Breakfast

  • Radio discussion of Texas' Driver Responsibility surcharge

    Gritsforbreakfast
    16 Apr 2014 | 2:32 pm
    In the wake of Monday's public hearing on the topic, I was interviewed this afternoon on Texas Public Radio's KSTX out of San Antonio along with Ana Yañez Correa of the Texas Criminal Justice Coalition and John Hawkins from the Texas Hospital Association about Texas' Driver Responsibility surcharge. Go here to listen to the 21.5 minute segment which included several callers critical of the program, some of whom had personal experience struggling to pay or even understand the surcharges levied against them. For more background, see TCJC's website devoted to abolishing the program.
  • Consultant: TDCJ 'receptive' to prison rape recommendations, 'confident' proposed solutions were 'reasonable and viable'

    Gritsforbreakfast
    16 Apr 2014 | 6:55 am
    The Texas Department of Criminal Justice (TDCJ) this week sent me the consultant's report regarding what would be required for Texas' adult prisons to comply with the Prison Rape Elimination Act, a document I requested under the open records act following Gov. Rick Perry's letter to US Attorney General Eric Holder announcing the state would not comply with PREA.TDCJ brass were closely involved in the development of recommendations by The Moss Group, the consulting firm referenced in Perry's letter. According to the report, "top-level central and regional office executives and unit based…
  • Lege ponders effect of 'Driver Responsibility' surcharge on DWI convictions

    Gritsforbreakfast
    15 Apr 2014 | 9:39 am
    The Texas House Homeland Security and Public Safety Committee yesterday met to discuss suggested reforms to the misnamed "Driver Responsibility Program" (in addition to hearing invited testimony about the fertilizer plant explosion in West last year). See coverage of the hearing from the Houston Chronicle, the El Paso Times, and the Texas Tribune. Your correspondent and numerous others have been trying to get the Legislature to reform or preferably abolish this program for years, but this may be the first time a legislative committee has fully embraced the idea that major revisions are…
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    Blonde Justice

  • Self-Care for Public Defenders

    Blonde Justice
    13 Apr 2014 | 3:25 pm
    Self-care is a social worker and therapist idea, basically, wherein the practitioner makes an effort to care for himself and his own mental wellbeing as a way of staying healthy and being able to persevere, successfully, in the field. In the social work field, it is taught as a "survival skill," as the University of Buffalo Social Work school noted on its website Self-Care Starter Kit, which has a lot of great resources for social work students and practitioners.When I started out as a public defender, many years ago, I was surprised how little attention was paid to the attorneys' well-being.
  • Why, Yes, I Do

    Blonde Justice
    9 Dec 2013 | 12:31 pm
    I went out for drinks for a friend's birthday last weekend, and got to meet a bunch of her friends. I joined the festivities late, so I was a couple of drinks behind the rest of the crowd.Meeting my friend's friend, the first thing he asked was, "So, I heard you were a public defender?""Yes...." I replied, preparing myself for the worst."I bet you know a lot of really dirty jokes."
  • Jumping Back In, Possibly

    Blonde Justice
    2 Oct 2013 | 3:01 pm
    Believe it or not, I have applied to be a public defender again. At a new office. In a new city.I had an interview, and it was a little bit weird. I know a lot about being a public defender already, I know what I'm getting myself into, I can talk the public defender talk and trade war stories, but I didn't want to come across as a know-it-all.At the end of the interview they asked me, "What questions do you have for us?" And, of course, I answered with an appropriate question.  Here are the questions I could have asked, but didn't:1)  What does my office will look like?
 
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    Drug and Device Law

  • Annual DRI Shameless Plug

    Bexis
    17 Apr 2014 | 4:54 am
    Here is our annual publicity stunt for the Defense Research Institute’s Drug and Device Seminar: *************Please join us at the 2014 DRI Drug & Device Seminar May 15 – 16, 2014 at the Renaissance Downtown Hotel in Washington, D.C. The program includes:•           The head of the FDA’s Center for Drug Evaluation and Research, Janet Woodcock, MD, will share her thoughts about conveying drug safety information in the Digital Age. •           A federal judge and state court judge…
  • Déjà Vu to You Too

    Eric Alexander
    16 Apr 2014 | 4:36 pm
                We sometimes read decisions and think we must have already read the same decision under a different caption.  Critical as we are, we might even give a moment’s thought to the possibility that somehow the same decision was reissued under an alias.  The more likely explanations for this phenomenon—setting aside glitches in the space-time continuum—are that cases come to our attention through means that lend to similarities in subject matter and results and that courts with coordinated proceedings sometimes issue…
  • Mixed Reasoning and Wrongful Conception

    Steve McConnell
    15 Apr 2014 | 6:55 am
    Way back in law school our moot court topic involved allegations of “wrongful birth” or “wrongful conception.”  The plaintiffs alleged that a doctor failed to detect a catastrophic birth defect, thus depriving the parents of the option to terminate the pregnancy.  The case involved intractable moral/philosophical  and, thus, legal issues.  That “thus” feels mandatory, but perhaps will not withstand rigorous analysis.  Nevertheless, it’s a touchy subject.  Such claims suggest, at least implicitly, that it might be better never to have been yanked…
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    Crime and Consequences Blog

  • News Scan

    CJLF Staff
    16 Apr 2014 | 2:05 pm
    PA Mayor to Limit Police Cooperation with Immigration Officers: Philadelphia Mayor Michael Nutter is expected to sign an executive order to limit collaboration efforts between his city's police department and federal immigration authorities.  Julie Shaw of Philly News reports that the order would prevent police from honoring detainer requests by Immigration and Customs Enforcement unless the case involves a person convicted of a first or second-degree felony.  Prior to this order, ICE officials were able to request that a person suspected of being a non-citizen be held by city…
  • Reefer Madness, Literally

    Bill Otis
    16 Apr 2014 | 11:42 am
    Advocates of increased use of pot through legalization often mock the 1930's film, "Reefer Madness."  The idea seems to be that only Puritanical, moralistic, anti-science zealots could think the pot might adversely affect brain development.Today comes news from that citadel of Puritanical, moralistic, anti-science zealotry, Northwestern University:Casual marijuana use may come with some not-so-casual side effects.For the first time, researchers at Northwestern University have analyzed the relationship between casual use of marijuana and brain changes - and found that young adults who…
  • Another Reason We Don't Need the Smarter Sentencing Act, Part II

    Bill Otis
    16 Apr 2014 | 4:29 am
    My post yesterday describing White House Counsel Kathryn Ruemmler's remarks about Presidential clemency did not go nearly far enough.  Now that I take a closer look at the AP report, I have to wonder whether something very, very broad is afoot. Specifically, I wonder whether the President is planning to implement the heart of the Smarter Sentencing Act on his own.  It would scarcely be the first time this President by-passed Congress.Here is what Ms. Ruemmler is reported to have said:"The president believes that one important purpose [of executive clemency] can be to help…
 
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    TalkLeft

  • Wednesday Night Open Thread

    Jeralyn
    16 Apr 2014 | 7:51 pm
    There was a hearing today in the case of Dzhokhar Tsarnaev. John Edwards is back in the courtroom - practicing law. El Capo is about to begin. It's really hard to understand without captions. I wish there was an episode review guide... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
  • Two New Defendants Added to Chicago Sinaloa Indictment

    Jeralyn
    16 Apr 2014 | 4:03 pm
    A sixth Superseding Indictment in the Illinois case charging Joaquin "El Chapo" Guzman and Ismael Zambada-Garcia has been unsealed. Two new defendants are named, Edgar Manuel Valencia Ortega and Heriberto Zazueto Godoy. Valencia Ortega was... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
  • Pistorius Testimony Over, Back to Expert Witnesses

    Jeralyn
    15 Apr 2014 | 2:30 pm
    Oscar Pistorius has completed his testimony. The prosecutor picked apart every little detail hoping to show his version of events was not possible. The state is pushing an alternate theory, however, it sounds like it's nothing more than "it... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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    TheFunded Founder Institute News

  • Appota featured on Tech in Asia, ReadyPulse featured on Digital Journal, and more Grad News

    16 Apr 2014 | 10:15 pm
    Since launching in 2009, the Founder Institute has helped launch over [total_graduates] new technology companies across [total_cities] cities, [total_countries] countries, and six continents. These companies have gone on to do great things, and create over [total_jobs] new jobs.  Over the past week, Appota featured on Tech in Asia, ReadyPulse featured on Digital Journal, BeOnPrice featured on El Economista, and more. Below is a roundup of recent Founder Institute Graduate in the news: Appota featured on Tech in Asia: Appota, Vietnamese mobile content platform, secures series B funding…
  • FI Grad ReadyPulse raises $2 million, featured on Digital Journal

    16 Apr 2014 | 5:10 pm
    ReadyPulse recently announced the close of their Series A investment round, totaling $2 million in funding. The press release detailing their success was featured on Digital Journal. Co-Founders Srinivas Penumaka and T. Vinod Gupta, the President and CTO of ReadyPulse, respectively, are Graduates of the Seattle Founder Institute. An enterprise content commerce company, ReadyPulse has made a name for itself in the sports, fashion, media, entertainment, and subscription industries by displaying a brand’s best and most relevant social content, such as photos and videos. What sets…
  • Have a Business Idea in Perth? Pitch it to a Silicon Valley Expert on the Perth Founder Hotseat Webinar

    16 Apr 2014 | 4:20 pm
    Do you have an idea for a new website or technology company that you would like to start in Perth?  Would you like to get live feedback on your idea from an Silicon Valley startup expert, without leaving your chair? Then join us for Thursday's special Perth Founder Hotseat Webinar, presented by City of Perth, and Morning Startup.   During this interactive webinar, aspiring entrepreneurs in Perth can pitch their startup ideas to Adeo Ressi, Founder & CEO of the Founder Institute, to receive expert feedback and advice.  Based in Silicon Valley, Adeo Ressi is an 8x…
  • To Be a Nice CEO, or Not to Be, That is the Question

    16 Apr 2014 | 4:00 pm
    There is no "one right way" to build a company.  As a result, entrepreneurs seeking guidance will always be given contradictory advice on how to build their business, from both "experts" and the uninformed alike. Ultimately, it is up to the entrepreneur to evaluate the opinions they receive and pursue the path they feel is best for them.  The Startup Lean presents two differing viewpoints on key entrepreneurial topics for you to decide which way you lean. This week's topic centers on leadership style; This Week's Topic:Which is the More Effective Leadership Style: Strict or…
  • Scott Painter (Founder & CEO of TrueCar) to Speak at the Founder Showcase

    15 Apr 2014 | 4:10 pm
    The Founder Showcase, hosted by TheFunded.com and the Founder Institute, is Silicon Valley's leading seed-stage startup event. In our 14-event history, we've been truly honored by some of the names who have graced our stage, such as Elon Musk, David Sacks, and Phil Libin. Today, we are excited to annouce the first luminary speaker for the next Founder Showcase, taking place on May 15th: Scott Painter, Founder & CEO of TrueCar.  If you don't know TrueCar, then you haven't been paying attention. TrueCar is a leading automotive…
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    SCOTUSblog

  • Argument preview: Justices to wade into morass about “indefinite” claims in patents

    Ronald Mann
    17 Apr 2014 | 8:51 am
    In the next stage of its continuing quest to reexamine every significant aspect of the Federal Circuit’s doctrinal framework for patents, the Court in Nautilus, Inc. v. Biosig Instruments will consider the proper standard for invalidating a patent claim as “indefinite.” Background: The case involves a technical solution to a common problem in the exercise-equipment industry.  How can you measure the heartbeat of the exerciser without attaching electrodes?  The principal difficulty is that the body generates two separate sets of electrical waves, with similar amplitudes:  “ECGs,”…
  • Thursday round-up

    Amy Howe
    17 Apr 2014 | 5:31 am
    Briefly: Writing for the Legal Times, Tony Mauro reports on Tuesday’s sentencing in D.C. Superior Court of Noah Kai Newkirk, who was arrested in February for disrupting an oral argument at the Supreme Court.  Newkirk was sentenced to time served and ordered to pay $150. Tonight at 6 p.m. C-SPAN and C-SPAN Radio will air an appearance by Justices Ruth Bader Ginsburg and Antonin Scalia at the National Press Club, where they will discuss (among other things) the First Amendment with host Marvin Kalb. Jeremy P. Jacobs of Greenwire profiles John Korzen, the Wake Forest law professor who will…
  • Argument preview: Attack ads and the First Amendment

    Lyle Denniston
    16 Apr 2014 | 9:02 pm
    At 10 a.m. next Tuesday, the Supreme Court continues its current fascination with free speech and the First Amendment, exploring at a one-hour hearing when an advocacy group can challenge a restriction on election campaign rhetoric.  Arguing for two advocacy groups in Susan B. Anthony List v. Driehaus will be Michael A. Carvin of the Washington, D.C., office of Jones Day, with twenty minutes of time.  If the Court, as expected, permits the federal government to join in the argument, its views will be represented by Eric J. Feigin, an Assistant to the U.S. Solicitor General, with ten…
 
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    Jim Calloway's Law Practice Tips Blog

  • ABA TECHSHOW 2014 - Interview with The TECHSHOW Chair

    Jim Calloway
    4 Apr 2014 | 8:07 am
    ABA TECHSHOW 2014 was a great success, breaking all of its previous attendance records. Congratulations to ABA TECHSHOW chair Natalie R. Kelly and the rest of the TECHSHOW planning board. For our Digital Edge podcast this month, Sharon Nelson and...
  • 2014 OBA Solo & Small Firm Conference set for June 19-21, 2014.

    Jim Calloway
    17 Mar 2014 | 12:31 pm
    The 2014 Oklahoma Bar Solo & Small Firm Conference will be coming to the Hard Rock Casino Resort Tulsa June 19-21, 2014. Our speakers include Bryan Sims (who many of you know as The Connected Lawyer), Oklahoma Supreme Court Vice...
  • Time Management by Buckets and Lists

    Jim Calloway
    5 Mar 2014 | 7:58 am
    Time management is a challenge for us all these days. There are so many more distractions and so many more electronic avenues for assignments to come our way. It is a constant struggle to maintain productivity and a constant goal...
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    Robert Ambrogi's LawSites

  • We Test WordRake’s Beta Version 2.0 on ‘McCutcheon’

    Robert Ambrogi
    16 Apr 2014 | 6:36 am
    When WordRake , the editing program for lawyers, was first released in 2012, I put it to the test against two of the most eloquent writers on the Supreme Court, Justices Antonin Scalia and Elena Kagan. If WordRake could improve on Scalia and Kagan, I reasoned, imagine what it could do for the rest of us. […] The post We Test WordRake’s Beta Version 2.0 on ‘McCutcheon’ appeared first on Robert Ambrogi's LawSites.
  • Avvo Gets Another $37.5 Million in Financing

    Robert Ambrogi
    15 Apr 2014 | 6:15 am
    It’s a good time to be a legal startup, it seems. Just three weeks ago, we reported here that Clio, the cloud-based practice management platform, had raised $20 million in financing. Now comes news that the lawyer directory site Avvo has closed $37.5 million in financing. This latest round of financing was led by Coatue […] The post Avvo Gets Another $37.5 Million in Financing appeared first on Robert Ambrogi's LawSites.
  • Which Legal Sites Did Heartbleed Affect?

    Robert Ambrogi
    14 Apr 2014 | 8:08 am
    You’ve no doubt heard about Heartbleed, the security flaw that exposed personal information at many leading websites. The flaw was in OpenSSL, an open-source version of the SSL protocol that is used to encrypt transmissions between you and a website. The flaw created a vulnerability that could have exposed sensitive information. The vulnerability affected several […] The post Which Legal Sites Did Heartbleed Affect? appeared first on Robert Ambrogi's LawSites.
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    Wise Law Blog

  • 140 Law - Legal Headlines for Thursday, April 17, 2014

    Rachel, Law Clerk
    17 Apr 2014 | 5:54 am
    Here are the leading legal headlines from Wise Law on Twitter for Thursday, April 17, 2014: A Star Quarterback Accused, and a Flawed Rape InvestigationCalling All Innovative Lawyers, Law Firms and Other Legal Service Providers!  Lisi drops appeal in death threat conviction - The Globe and Mail N.D. law banning most abortions tossed  Clear offer of employment needed to argue mitigation Deloitte appeals Livent compensation ruling - The Globe and Mail RCMP decision on Mike Duffy charges expected within weeksWhen ‘Liking’ a Brand Online Voids the Right to Sue Court…
  • 140 Law - Legal Headlines for Wednesday, April 16, 2014

    Rachel, Law Clerk
    16 Apr 2014 | 6:38 am
    Here are the leading legal headlines from Wise Law on Twitter for Wednesday, April 16, 2014:Tips TuesdayHow law firm mergers can go wrong This week at the SCC Overtime class actions: directors take note of your potential exposure - Canadian Lawyer MagazineTWU court challenge filed today These legal websites had the Heartbleed security flaw Video of cellblock police assault against Toronto man made public Canadian court certifies Visa/MasterCard class action critical takeaways Termination pay can include bonuses OPSEU's Courthouse Security Survey now online | National Union of Public and…
  • 140 Law - Legal Headlines for Tuesday, April 15, 2014

    Rachel, Law Clerk
    15 Apr 2014 | 6:14 am
    Here are the leading legal headlines from Wise Law on Twitter for Tuesday, April 15, 2014:Cash Store seeks bankruptcy protection after Ontario suspends payday loan ... - Financial Post Maple Leaf Gardens sex offender to plead guilty to 103 chargesLSUC panel considers, rejects bid for restorative justice for lawyerTrudeau sued for blocking candidacy | National Newswatch India tops countries censoring Facebook content - USA TODAYJustin Bieber a no-show at Toronto court hearing on assault chargeJudge orders Ohio to recognize out-of-state marriages of same-sex couplesProsecutors to Charge Suspect…
 
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    DennisKennedy.Blog

  • #ABATECHSHOW: LinkedIn How-to Session and Much More

    Dennis
    26 Mar 2014 | 6:58 am
    It’s time for ABA TECHSHOW and I’m wrapping up my preparations. Hope to see you there. If you can’t be there, remember that you can get a peek of what is happening at the conference by checking out the Twitter hashtag #ABATECHSHOW. I’ll note that you can still get registered and attend. You can also get an Exhibit Hall pass for a day, and I always strongly encourage law students in Chicago to take advantage of special deals for law students.I have a typically busy schedule, starting right away with an introductory “State of Legal Technology” panel…
  • Happy Eleventh Birthday to DennisKennedy.Blog

    Dennis
    15 Feb 2014 | 5:19 pm
    Eleven years ago today, with an allusion to Babylon 5 and the ideas that I needed to produce my own RSS feed and experiment with new types of writing, I launched this blog. I called the blog simply DennisKennedy.Blog.Much has happened with me and this blog over those eleven years. I appreciate the positive responses my blog has always seemed to generate, the many doors it has opened and the great people it has introduced me to.One of the most interesting criticisms I’ve consistently gotten over the years is that I have a tendency to anthropomorphize my blog. I think that criticism is…
  • 52 Books in 52 Weeks – 2014

    Dennis
    27 Jan 2014 | 8:26 pm
    For the last few years, I’ve enjoyed reading the posts of several bloggers who are trying to read 52 books in 52 weeks. I’ve also wanted to find a good way for me to keep track of the books I’ve read. And it gives me a good reading target to shoot for.Last year, I read exactly 52 books. Or, more accurately, I listed exactly 52 books that I read. I “read” many business books in the form of getAbstract summaries and I don’t list books that might reveal certain things I might (or might not) be working on. 2013 was an unusual year for me, too, in the…
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    Amazing Firms Amazing Practices

  • Rethinking the Definition of "Law Firm"

    Gerry Riskin
    17 Apr 2014 | 6:49 am
    Last fall, a 150-year-old British corporate services provider and legal publishing company transformed itself into a licensed law firm thanks to permissive UK legislation. Jordan’s Ltd. successfully applied for an Alternative Business Structure license from the Solicitors Regulation Authority, allowing the company to add a corporate law division to its ongoing range of services in support of UK businesses. Jordan’s Corporate Law launched with seven lawyers in addition to the company’s existing corporate governance staff. In an article in the U.K. publication Legal…
  • Management Meets Engagement: Putting Your Strategies to Work

    Gerry Riskin
    30 Jan 2014 | 7:29 am
    Doug Sundheim recently published an article in The Harvard Business Review on a subject of relevance to anyone involved in organizational management – whether in the field of law or any other discipline. His focus is “the chasm between strategy and execution.” Sundheim points out a truth familiar to anyone who has ever tried to implement a plan that involves actual human beings: strategizing is “elegant,” a “clean and sophisticated process,” while "execution is a minefield.” When the two operations are carried out by separate branches of…
  • Should You Ban PowerPoint from your Meetings?

    Gerry Riskin
    30 Jan 2014 | 7:09 am
    According to a recent article in Philanthropy Daily, Amazon founder Jeff Bezos has banished PowerPoint presentations from meetings of his staff. Instead he requires speakers to prepare six-page summaries of what they want to say. His meetings begin with quiet periods, during which other meeting attendees read the summaries. In a 2012 interview with Charlie Rose http://www.charlierose.com/watch/60148245, Bezos explained his position by saying, “When you have to write your ideas out in complete sentences and complete paragraphs, it forces a deeper clarity of thinking.” The author of…
 
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    the [non]billable hour by Matthew Homann

  • Best of NBH: Stop Fixing Your Own Tech

    Matt Homann
    17 Apr 2014 | 7:07 am
    Here’s a tech-related tip from this post: How many times has a quick technology fix turned into a day of un-billable time?  Trust me on this one, no matter how much (or little) work you have, your time is better spent building your business and serving your clients than it is crawling around on the floor underneath your desk repairing your computers or troubleshooting your network. Need help remembering this resolution?  Try this simple trick: Everywhere in your office where you have technology (on the copier, on the network switch or router, and on every computer) tape a label that…
  • Best of NBH: Counting Cards

    Matt Homann
    16 Apr 2014 | 7:01 am
    I’ve always thought the idea from this post was a powerful way to understand the gift of time and what you can accomplish in a year: Resolve to Count Cards, using this this incredibly powerful exercise I first ran across in 2006.  From an article in the now-defunct Worthwhile Magazine (by creativity guru Eric Maisel) comes this gem: Get seven decks of cards with similar backs. Lay out all seven decks on your living room rug, backs showing. This is a year of days (give or take). Let the magnitude of a year sink in. Experience this wonderful availability of time. (This is a powerful…
  • Best of NBH: Ten Resolutions

    Matt Homann
    15 Apr 2014 | 6:45 am
    I’m going to be re-sharing a few dozen of my favorite posts from this blog over the next several weeks. This is an excerpt from one of my all-time favorites, written in December 2008 as part of my Resolution series.  It still resonates with me today.  I hope you like it. 1.  Resolve to be better to everyone.  Start with yourself. 2.  Resolve to choose your customers as carefully as friends, knowing that you’ll work best when they’re one in the same. 3.  Resolve to know your business better.  Recognize that being good at what you do is unimportant if you’re not good at…
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    Innocence Blog

  • Philadelphia District Attorney Announces Conviction Review Unit

    16 Apr 2014 | 4:05 pm
    On Tuesday, Philadelphia's District Attorney, Seth Williams, announced the creation of the city's Conviction Review Unit. The unit, which will investigate claims of innocence in homicide convictions, will be under the leadership of veteran prosecutor Mark Gilson. The Philadelphia Daily News reported that Gilson, who has spent 27 years with the city's District Attorney's Office, will work closely with prosecutors assigned to the existing Post Conviction Relief Unit, which currently handles about 500 cases a year. Philadelphia joins a number of states that have established similar groups…
  • Innocence Project Co-Director Barry Scheck Discusses Race Bias in the Courts

    15 Apr 2014 | 1:35 pm
    In a new article written for Salon.com, Innocence Project Co-Director Barry Scheck discusses race bias in the criminal justice system, focusing on a case before North Carolina's high court. Thirty years after Glenn Ford, who is African-American, was convicted by an all-white Louisiana jury, he was exonerated and released from prison in March. He spent 30 years on death row for a murder he did not commit. Now, a month later, the North Carolina Supreme Court is considering the fate of four people of color who have already shown that racial discrimination played a factor in their having received…
  • Innocence Project Urges Congress to Pass Justice for All Reauthorization Act of 2013 to Strengthen the Criminal Justice System

    14 Apr 2014 | 2:30 pm
    The Innocence Project joins Senator John Cornyn (R-TX) and Senator Patrick Leahy (D-VT) in calling on the Senate to continue to work towards reauthorizing the Justice for All Act. In recognition of National Crime Victims' Rights Week and National Sexual Assault Awareness Month, both senators are urged reauthorization of the legislation last week. The Justice for All Reauthorization Act encompasses a variety of initiatives to ensure safety and justice for women and men across the country. Among its many components, the legislation will improve and expand the DNA testing capacity of federal,…
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    Charon QC

  • Guest Post: Is Your Divorce Case Going No Where in Court?

    Charon QC
    16 Apr 2014 | 1:05 am
    Is Your Divorce Case Going No Where in Court? Sometimes divorce proceedings can become stalled. It mostly happens when two parties just cannot seem to see eye-to-eye on things and come to a decision. Two stubborn minded people have difficulties compromising. Divorce proceedings can take months when this occurs. There are several measures that can be taken to prevent this from happening. One or both of you may not wish to back down, but sometimes it is the only way to move forward. Going through a divorce is a difficult time for both parties. One party may be happy about the freedom they are…
  • Guest Post: The Legacy of Nigel Savage

    Charon QC
    14 Apr 2014 | 12:53 pm
    The Legacy of Nigel Savage Richard Ridyard is a DPhil candidate at the University of Oxford, having previously studied there for a BCL. Nigel Savage is an inescapable presence in the legal education sector. Later this month he will retire as president of the University of Law (ULaw) after an 18 year tenure at what has become the biggest law school in Europe. He has had, as ULaw chairman Alan Bowkett said in a recent statement “a transformational impact”. This is no exaggeration. Under Savage’s stewardship, university status was attained with relative ease before the former charity was…
  • Back to the blogging very soon….

    Charon QC
    14 Apr 2014 | 8:17 am
    As my spinal injury heals – I reckon that I will be able to return to regular blogging soon…. within days, hopefully. I have kept up with events in the world of law and legal education – so much to write about.  I shall also be returning to regular “Charon QC” podcasts.
 
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    UNDERDOG - Fairfax Criminal/DWI Attorney - Northern Virginia.

  • Today is Emancipation Day 2014 in the land of taxation without representation.

    15 Apr 2014 | 9:00 pm
    ByJon Katz, a criminal defense and DWI defense lawyer advocating in Fairfax County/Northern Virginia and beyond for the best possible results in drug, sex, DWI, felony and misdemeanor cases.http://katzjustice.com The following blog entry is a reprint from my April 16, 2012, posting: The District of Columbia remains not fully emancipated, by having been denied statehood right to this day, and with Congress having the final say on whether its passed legislation will or will not become law. If D.C. statehood has not become a reality during the presidential administrations of Jimmy Carter, Bill…
  • When your ideal judge disappoints.

    13 Apr 2014 | 9:00 pm
    By Jon Katz, a criminal defense and DWI defense lawyer advocating in Fairfax County/Northern Virginia and beyond for the best possible results in drug, sex, DWI, felony and misdemeanor cases. http://katzjustice.com Depending on the judge I get for my case, my response runs from hoping I have misread the judicial assignment, to figuring the judge is better than some and worse than others, to raising my hands in joy to the sky. When one of the first two categories of judges rules well for my client, I am particularly pleased, because I did not have high expectations of them. When a judge in…
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    The Legal Satyricon

  • Bloggers are protected as “Media” – Comins v. VanVoorhis (Chapter 2)

    marcorandazza
    13 Apr 2014 | 1:29 pm
    It’s an all-too-common scenario: A blogger criticizes someone online, and then gets sued for his statements.   But two things make this case unique: First, the plaintiff sued because of the blogger’s characterizations of him shooting two dogs at close range; second, the defendant blogger was in Florida – and thus protected by Fla. Stat. […]
  • Law Enforcement Priorities

    marcorandazza
    13 Apr 2014 | 11:00 am
    I’ve been involved in the debate over whether we should criminalize “revenge porn.” As much as I despise the practice, I don’t agree with new criminal laws to punish it. In fact, I just spent some time on a panel at Stanford Law School, in the company of three people I greatly admire — one […]
  • Natural Selection in Action!  

    marcorandazza
    31 Mar 2014 | 12:21 pm
    Once more, with feeling…. I will NOT listen to clergy members (at least if they tell me to let a hyena eat my balls)  Filed under: misc
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    Chicago IP Litigation

  • Late Damages Theory Allowed Based Upon Lack of Prejudice

    R. David Donoghue
    21 Mar 2014 | 3:15 am
    NanoChem Sol’ns, Inc. v. Global Green Prods., LLC., No. 10 C 5686, Slip Op. (N.D. Ill. Sep. 10, 2013) (Hart, Sen. J.). Judge Hart denied defendants’ motion in limine to exclude plaintiff NanoChem’s late-disclosed lost profit damages analysis.  The Court also granted defendants’ motion for summary judgment as to NanoChem’s Lanham Act and Illinois state law unfair competition claims. During discovery, NanoChem stated that it would seek a reasonable royalty for its patent claims without providing a calculation.  In response to defendant’s motion, NanoChem provided a lost profit…
  • Failing to Offer Construction for Indefinite Term Can Leave a Court “at Sea”

    R. David Donoghue
    19 Mar 2014 | 2:41 am
    Saro Golf, Inc. v. Nike, Inc., No. 08 C 1110, Slip Op. (N.D. Ill. Sep. 9, 2013) (Chang, J.). Judge Chang clarified the claim constructions in this patent case regarding an improved golf club head.  “Radius of curvature” was previously construed to mean “radius of a substantially circular curve of a substantial portion of the back side profile shape.”  This construction presumed that each of the heel and toe of a club head had a profile that was “circular in profile” meaning that it was largely made of a single radius.  Neither party had sought a construction limiting the…
  • Plaintiff May Not Communicate with Does in BitTorrent Case by Email or Phone

    R. David Donoghue
    17 Mar 2014 | 2:27 am
    The Thompsons Film, LLC v. Does 1-60, Slip Op. 13 C 2368 (N.D. Ill. Sep. 6, 2013) (Gottschall, J.). Judge Gottschall denied two Doe defendants’ motions to quash subpoenas to their respective ISPs seeking, among other things, their identities based upon their IP addresses in this BitTorrent copyright case.  The Court held that a copyright holder alleging infringement had the right to discovery the potential identity of the accused infringer, it did not matter that someone other than the owner of the IP address may have actually performed the accused infringement. The Court did, however,…
 
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    Ohio Employer's Law Blog

  • Why you need employee-invention and IP agreements

    Jon Hyman
    17 Apr 2014 | 4:12 am
    Taco Bell is defending claims by two former interns that they invented the Doritos taco nearly 20 years ago. They now want to be paid part of its billions dollars in sales. (ABC News) The pair and their former employer will likely end up in court over who invented what, and when. My question is whether Taco Bell required the interns to sign an “inventions” agreement. If they did, then even if the intern’s story is true, they will have little legal leg on which to stand. A typical employee inventions agreement accomplishes the following: It defines that all rights to any inventions,…
  • What happens when an HR investigation is staged … and filmed for a beer commercial?

    Jon Hyman
    16 Apr 2014 | 5:21 am
    This. “Do you always wash your hands after using the restroom? … Have you ever told a coworker you like her outfit? … Do you use your work computer for non-work-related activities? … Have you been using your computer to watch basketball this March?” I don’t recommend taking an HR investigation as a practical joke in your workplace, but this ad is pretty darn entertaining.
  • Hypothetical violations doom employer confidentiality policy

    Jon Hyman
    15 Apr 2014 | 5:09 am
    A few months ago I posted on the NLRB’s veto of a workplace confidentiality policy. Late last month, the 5th Circuit court of appeals ruled on another employer confidentiality policy, and the results should trouble employers everywhere. At issue in Flex Frac Logistics v. NLRB was the following workplace confidentiality policy: Employees deal with and have access to information that must stay within the Organization. Confidential Information includes, but is not limited to, information that is related to … our financial information …; [and] personnel information and documents…. No…
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    idealawg

  • Life after law: Humor consultant

    StephanieWestAllen
    16 Apr 2014 | 8:07 am
    The job of this non-practicing lawyer includes writing comebacks to lawyer jokes! Read all about Malcolm Kushner's current career in this article from California Lawyer.
  • Play as meditation, mediation, and mindfulness enhancer: A seminar for you

    StephanieWestAllen
    15 Apr 2014 | 10:57 am
    If you believe as I do that a mindful mediator is a more effective mediator—both because of his or her adept ability to utilize conflict resolution skills but more importantly because of the direct effect he or she has on the parties' affect (i.e., mood)—then I have a suggested program for you below. We know that a better mood positively influences the processes of communication, negotiation and decision-making* so wouldn't a mediator want to be an influence on the mood of the dispute resolution via a reflective perspective and demeanor?Maybe not. Some mediators are functioning…
  • April edition of MINDFULNESS RESEARCH MONTHLY now online

    StephanieWestAllen
    11 Apr 2014 | 3:39 am
    Click to read the April 2014 edition of Mindfulness Research Monthly. This new edition includes 61 new cites: 16 Interventions, 21 Associations, 7 Methods, 15 Reviews, and 2 Trials.
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    Lawyers, Guns & Money

  • Carter and Keystone

    Erik Loomis
    17 Apr 2014 | 9:11 am
    Jimmy Carter, Desmond Tutu, and other Nobel Peace Prize winners are right about Keystone. Former president Jimmy Carter has joined a group of Nobel laureates who oppose construction of the Keystone XL pipeline, warning President Obama and Secretary of State John F. Kerry, “You stand on the brink of making a choice that will define your legacy on one of the greatest challenges humanity has ever faced – climate change.” Of course, Carter has about as much policy influence as Bill Moyers these days. But the Nobel winners are correct. Regardless of the actual climate impact of this…
  • Innovations In Leftier-Than-Thouism That Always Happens To Be Rightier-Than-Thouism In Practice

    Scott Lemieux
    17 Apr 2014 | 9:02 am
    Shorter Lambert Strether: I’m baffled that anyone would think that reducing the number of uninsured, such as the net increase of 9.3 million with coverage, is an actual goal of health care policy. Even though I certainly used to think that when people thought my Republican talking point would be proven right! As Megan McArdle says, any good news can be preemptively rejected. Anyway, if only we had Hillary Clinton to enact Hillary Clinton’s health care plan rather than Obama enacting Hillary Clinton’s health care plan we wouldn’t have had any of these problems.
  • Shoe Strike

    Erik Loomis
    17 Apr 2014 | 7:39 am
    Chinese workers making shoes for American manufacturers are on strike: More than 30,000 staff at the Yue Yuen Industrial (Holdings) factory in Dongguan city have been striking for several days in protest at unpaid social insurance payments, said US-based China Labour Watch, adding that police had beaten and detained several protesters. China is facing labour unrest as its economic growth slows and as factories in its southern manufacturing heartland report a shortage of workers, prompting rising demands from staff. Yue Yuen says on its website that it produces shoes for foreign brands…
 
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    Lawyers.com Blog

  • WHISTLEBLOWER LAWSUIT SETTLES AGAINST BERNALILLO COUNTY

    17 Apr 2014 | 8:55 am
    Bernalillo County has agreed to pay a former employee half a million dollars in a whistleblower lawsuit against the sheriff. The former employee is Jennifer Vega-Brown, a former spokeswoman and legal advisor for the Bernalillo County Sheriff’s Office. Nearly two years ago, she filed a whistleblower lawsuit. She alleged she was fired because she complained about what she called inappropriate remarks by Sheriff Dan Houston about her, and other female employees. The whistleblower lawsuit claimed some of the remarks were directed…
  • Pinterest and Copyright Law

    17 Apr 2014 | 8:48 am
    Pinterest is a new site in the social media craze that focuses on communication through images. Essentially, users pin images they find online and share them with fellow members. These images are stored on Pinterest servers in 500-pixel copy. When users view an image they like on any site online or offline, they can click on it to link back to the original site.Here lies the problem – unlike Google, they don't merely provide unframed images, but neither are they actually seeking content. Users are responsible for content and are urged under the user agreement to only post that which…
  • DISCRIMINATION LAWSUIT IS FILED AGAINST PIER 1 IMPORTS INC.

    17 Apr 2014 | 8:23 am
    On the recommendation of her obstetrician, Caselman, 31, also informed Pier 1 that she was not to lift any objects heavier than 15 pounds, or climb ladders. Her pregnancy is not high-risk, but that seemed prudent, and not particularly limiting. Pier 1, according to Caselman, responded appropriately, putting her on eight weeks of “light duty.”No dice.That’s right; she was put on maternity leave. For four months. Ending in May.“It’s shocking,” Caselman told me by phone this morning. “They are having me exhaust all my leave before I need that leave. This…
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    Connecticut Employment Law Blog

  • Ten (+4 More) People to Follow on Twitter for Labor and Employment Law

    Daniel Schwartz
    16 Apr 2014 | 7:34 am
    Since the last time I published a list of labor & employment law lawyers to follow back in 2012, there are just a bunch of you out there now using Twitter. (And I presume you’re already following me @danielschwartz, right?) So, it’s probably time to update my list of labor & employment law-related people to follow on Twitter. But I’m going to cheat, a little. Photo Courtesy Library of Congress Frankly, in looking over my lists from 2009 and 2012, I have a lot of repeats.  So, it should be obvious that some of those should be followed regardless of whether they are…
  • Could Telecommuting Be Deemed a “Reasonable Accommodation” Under the ADA?

    Daniel Schwartz
    14 Apr 2014 | 4:46 am
    My colleague, Gabe Jiran, (go read his impressive background here, I’ll wait) recently gave a presentation on telecommuting and I asked Gabe to share his thoughts on a notable topic that came up for discussion there.  Thus, in this post, Gabe discusses whether telecommuting could be a “reasonable accommodation.” With today’s technology, employees seem to be able to work anywhere and at any time. Often, the employee is simply trying to get work done whenever possible and to fit work into a busy schedule. However, when does an employer have to allow an employee to work at…
  • A New “CAR” And Other Proposed Changes to CHRO – Can They Get It Right?

    Daniel Schwartz
    11 Apr 2014 | 8:40 am
    Last year, the General Assembly considered changes to the Commission on Human Rights and Opportunities. That bill did not receive a final vote. This year, it’s back but recently died in the Judiciary Committee, according to the CBIA.  Will it get attached to another bill? Will it be tweaked further this fall in preparation for next year’s term? My colleague, Christopher Parkin, chimes in with the details and why employers need to keep an eye on any proposed changes. The ink is still drying on the most recent round of changes at the CHRO, the massive amendments known as PA…
 
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    Special Education Law Blog

  • Sometimes My Job Is Pretty Cool

    Jim Gerl
    15 Apr 2014 | 9:02 pm
    Write text here...Related articlesSometime My Job is Very Cool!Sometimes My Job Is Very Cool - Part IISometimes My Job Is Pretty CoolWe're Famous (Almost) Again!------- Thanks for subscribing! Jim Gerl
  • Weekly Question!

    Jim Gerl
    14 Apr 2014 | 6:01 am
    Dispute Resolution is at the heart of the Procedural safeguards provided by the Individuals With Disabilities Education Act. Which dispute resolution methods under IDEA have you had the most success with? Leave your story in the comments.------- Thanks for subscribing! Jim Gerl
  • Procedural Safeguards - The Series Part VII

    Jim Gerl
    11 Apr 2014 | 7:05 am
    Meetings are sometimes held around conference tables. (Photo credit: Wikipedia)This is the seventh installment in a multi-part series on procedural safeguards under the federal special education law, the Individuals With Disabilities Education Act. I work a lot in this area, so it is near and dear to my heart. Despite the importance of procedural safeguards. however, many issues in this area are misunderstood. I hope that all of the different types of special education stakeholders who read this blog find the information in this series helpful. Be sure to tell me what you think…
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    Drug Injury Watch

  • Serious Nerve Damage Side Effect Peripheral Neuropathy Associated With Levaquin, Cipro, And Avelox May Be A Permanent Drug Injury

    Tom Lamb
    10 Apr 2014 | 1:40 pm
    An August 2013 Label Change Mandated By The FDA For All Fluoroquinolone Antibiotics Was Intended To Raise The Profile Of This Relatively Unknown Risk (Posted by Tom Lamb at DrugInjuryWatch.com In August 2013 the FDA mandated a label change to increase the warning about peripheral neuropathy or serious nerve damage caused by Levaquin, Cipro, and Avelox, as well as other antibiotic medications in the fluoroquinolone antibacterial class of drugs.Peripheral neuropathy as an increased risk, or side effect, of using Levaquin, Cipro, Avelox, and the like was added to the "Warnings" or "Warnings and…
  • Testosterone Drugs Litigation April 2014 Update: Legal & Medical Developments: AndroGel Federal Court MDL Motion Is Filed, And A "Low-T" Medical Study Is Criticized

    Tom Lamb
    1 Apr 2014 | 1:44 pm
    Increasing Number Of AndroGel / Axiron / Testim Lawsuits Allege Heart Attacks And Strokes, With Highest Side Effects Risks Being For Older Men Or Those With Cardiac Conditions (Posted by Tom Lamb at DrugInjuryWatch.com With the increasing number of drug injury lawsuits alleging testosterone-related heart attacks and strokes being asserted against various pharmaceutical companies, it comes as no surprise to legal observers that a so-called "MDL motion" to consolidate certain of those federal court cases has been filed. From this March 29, 2014 article, "Plaintiffs File Motion to Consolidate…
  • Tekturna Should Not Be Used In Combination With Certain Other Blood Pressure Drugs Due To Side Effects Hyperkalemia And Kidney Problems, Says Health Canada

    Tom Lamb
    25 Mar 2014 | 1:14 pm
    In Addition, Such Combined Use In Patients With Kidney Disease Or Diabetes Increases Risks Of Having A Stroke As Well As Fainting And Falling (Posted by Tom Lamb at DrugInjuryWatch.com In February 2014 Health Canada issued new safety information about the drug Tekturna (aliskiren) as regards its use in combination with some other blood pressure medications. From "New warnings regarding blood pressure drugs" we get this drug safety guidance: Recent studies have demonstrated that any combination of [Tekturna (aliskiren)], [angiotensin-converting enzyme (ACE) inhibitor] or [angiotensin receptor…
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    Bankruptcy Home Blog

  • Tax fraud costs taxpayers $4 billion per year

    Beth
    14 Apr 2014 | 10:17 am
    Visit www.bankruptcyhome.com for the original content posted here, Tax fraud costs taxpayers $4 billion per yearHere’s something else the Federal Government’s not good at stopping: tax fraud. In fact, according to a new report from the associated press, the Internal Revenue Service refunded over $4 billion in fraudulent tax returns over the last several years … Continue reading →
  • Amazon offer $5,000 for warehouse employees to quit jobs

    Beth
    11 Apr 2014 | 8:51 am
    Visit www.bankruptcyhome.com for the original content posted here, Amazon offer $5,000 for warehouse employees to quit jobsHow much money would you have to be paid to quit your job? Amazon is betting they can get some of their warehouse workers to quit for as little as $5,000. Why would Amazon promote a pay to quit program? … Continue reading →
  • Retirement by saving $82.00 per day for thirty years

    Beth
    9 Apr 2014 | 9:15 am
    Visit www.bankruptcyhome.com for the original content posted here, Retirement by saving $82.00 per day for thirty yearsOne of the most common questions investors ask is, “How much do I need to invest today to ensure I have a good retirement?” Investment reporter Matt Krantz from USA Today suggests the number may not be a difficult to … Continue reading →
 
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    Asbestos HUB

  • 2014 International Symposium on Malignant Mesothelioma: Presentations From Recent Conference Now Online

    Tom Lamb
    8 Apr 2014 | 1:08 pm
    The Mesothelioma Applied Research Foundation (aka “Meso Foundation”) has made available videos of sessions and presentations from its 11th International Symposium on Malignant Mesothelioma, which was convened March 5-7, 2014 in Alexandria, Virginia. From their March 30, 2014 press release, “Presentations from Mesothelioma Conference Now Available Online”: Some of the available topics include discussions specific to mesothelioma on: •chemo brain •post-surgical recovery •radiation oncology •becoming an empowered patient •mesothelioma survivorship…
  • A Few New Immunotherapy Mesothelioma Treatment Options Were Discussed At The European Lung Cancer Conference 2014

    Tom Lamb
    28 Mar 2014 | 1:45 pm
    Some investigational immunotherapy drugs that act on the programmed cell death pathway in lung cancer patients are now being considered as a new treatment means for patients with mesothelioma. Several presentations at the recent European Lung Cancer Conference (ELCC) 2014 in Zurich about these possible new mesothelioma treatments were set forth in the March 27, 2014 article, “Could Immunotherapy Work in Mesothelioma?”, published online by Medscape. As regards the first study, from this March 2014 article: Sarcomatoid mesothelioma has the worst prognosis, and is generally…
  • It Appears That Wisconsin Legislators Were “Told” By ALEC How To Draft Asbestos Lawsuits Restrictions Bill Which Is To Be Voted On In March 2014

    Tom Lamb
    20 Mar 2014 | 1:00 pm
    It is well-established that the American Legislative Exchange Council (ALEC) and the U.S. Chamber of Commerce are in favor of state statutes which serve to narrow or restrict access to the courts for individuals who have developed asbestos-related diseases like mesothelioma. To this end, ALEC has pushed for legislation that would allow corporations to not an asbestos lawsuit to proceed to trial in the court system until the person with mesothelioma, for example, files claims with the various relevant asbestos bankrupty “trust funds” (which were set up after an asbestos company…
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    Dallas Criminal Defense Lawyer Blog

  • What’s the law on kidnapping in Texas?

    Robert Guest
    3 Apr 2014 | 6:58 pm
    The Dallas Court of Appeals recently upheld a Rockwall County kidnapping conviction. Let’s look at the laws regarding kidnapping in Texas, and discuss the facts that led to the courts decision. Here’s the case- Wilson vs. State of Texas-  I usually go through all the facts of the case, but this one has a really weird fact pattern, and I think that’s why the defendant got probation. It just not what you think of when you think of a kidnapping. So I’m going to skip it so we can cover some other areas. First, what’s the law on kidnapping in Texas?  Good…
  • 1983 Lawsuit filed against City of Kemp/Police Chief and Kaufman Sheriff Deputy

    Robert Guest
    31 Mar 2014 | 1:21 pm
    The City of Kemp, Texas and it’s police chief are being sued in the Eastern District of Texas for an alleged false arrest and police brutality by Robert McCollom (Plaintiff). Kemp disbanded it’s police force in 2012 and the Kaufman Sheriff’s office was going to patrol Kemp. I am not sure when Kemp PD undisbanded (rebanded?) but apparently they are out making arrests again. The City of Kemp and the Chief of Kemp PD Jimmy Council (who was rescued last year after falling down a well in Lassie-eqsue fashion) are being sued along with a Kaufman Sheriff Deputy in a 1983 action. Let’s look…
  • Does the Texas Transportation code (implied consent) trump the 4th amendment?

    Robert Guest
    19 Jan 2014 | 6:11 am
    If there is one thing law enforcement hates, it’s the 4th Amendment’s requirement to get a warrant before searching. The reason? Warrants require an officer to have probable cause, and to explain said probable cause (in writing) before getting what they want (searching your house, stealing your blood etc). Warrants provide some degree of accountability for LEO, a very minor check on the almost limitless power of the State. Today let’s talk about searching your body, specifically your veins. In our DWI police state your blood is merely another piece of evidence for the State…
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    Real Lawyers Have Blogs

  • 5 LinkedIn privacy tips every lawyer should know

    Kevin O'Keefe
    16 Apr 2014 | 11:20 pm
    Elyse Hackney (@ecoopers), a customer success executive at Hearsay Social, recently shared 5 LinkedIn privacy tips for financial advisors. After I shared her tips on Twitter, Hackney was kind enough to allow me to share, liberally, her advice with you. Like financial services, the legal profession places a premium on privacy. At the same time, lawyers ought not be so protective so as to be invisible and ineffective networking on LinkedIn. Here’s five LinkedIn privacy settings you ought to take a look at. Each of the settings, other than the fifth, are configured on the LinkedIn…
  • Top 10 in Law Blogs: Legal Writing, Employment Law on Twitter, Reefer Madness

    Colin O'Keefe
    16 Apr 2014 | 5:30 pm
    Today’s the first day in a bit we don’t have a post on Heartbleed in the Top 10. But fear not, Anna’s covered that over on LXBN. In today’s roundup, Derek Allen has some great commentary on legal writing and Dan Schwartz tells you who you should follow for employment law insight on Twitter. Total posts on the LexBlog Network today: 166. European Court Invalidates Data Retention Directive, Time to Rethink – Brussels lawyer Daniella Terruso of Steptoe & Johnson on the firm’s Steptoe Cyberblog NCAA Initiates Formal Changes to Student-Athlete Well-Being…
  • Top 10 in Law Blogs: Healthcare and Heartbleed, Conflict Minerals, Ghost Posting

    Colin O'Keefe
    15 Apr 2014 | 5:54 pm
    Heartbleed continues to be a big topic on the LexBlog Network, as today Husch Blackwell attorneys chime in on mitigating risk in healthcare. Also, the D.C. Circuit struck down a key provision of the SEC’s conflict minerals rule, and we have some excellent commentary there. Total posts on the LexBlog Network today: 198. Healthcare organizations can take steps to mitigate Heartbleed impact – Wakaba Tessier, Deborah Juhnke and Peter Enko of Husch Blackwell on the firm’s blog, Healthcare Law Insights Happy Tax Day: How to Find Assets Using Tax Returns – Abby Wein of…
 
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    Digital Media Law

  • Aereo to Face Uphill Battle in Supreme Court Next Week, Experts Say (analysis)

    15 Apr 2014 | 9:36 am
    Next week’s Supreme Court argument will be difficult for cable-competitor Aereo, legal experts agree, as the company faces off against not just broadcasters but also the influential U.S. Solicitor General’s office and the Copyright Office. While it will be a tough fight for the company, the case is so complex and the copyright and communications statutes so intricate that one advocate said the decision could end up as lopsided as 7-1 – in either direction.The only expert willing to offer a prediction, Akin Gump’s Pratik Shah, said “I think a majority of the Court will be skeptical…
  • Joan Rivers Faces Potential Fine, Expulsion in WGA East Trial (Analysis)

    15 Jul 2013 | 11:01 am
    The penalties could be severe – but Rivers may have some unexpected defenses.With the WGA East sending Joan Rivers off to a trial board for alleged violations related to Fashion Police, the star will be facing what’s likely to be a tough tribunal – and a fine that could be as high as all the money she’s made on the hit show in the last year, plus expulsion from the union.What’s more, she may have to face her accusers without an attorney present. The WGAE rules say that a member at a trial board “may be represented by a Current member in good standing,” but there’s no provision…
  • How Talent Loses if Aereo Wins

    24 Apr 2013 | 5:46 pm
    Follow the money and discover an unstated reason the Hollywood unions weighed in with briefs opposing the new service. Several weeks ago, Fox, PBS and several other companies were hit with a 2-1 federal court of appeals ruling rebuffing their attempt to shut down Aereo, a new service backed by Barry Diller. Last week, they filed a petition for a rehearing en banc, in which all thirteen judges of the New York based court would rehear the case and potentially reverse the ruling, resulting in the preliminary injunction that the networks seek while the matter goes to trial.Interestingly the…
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    theCPLRblog

  • Mailing [Ct. App.]

    David M. Gottlieb
    3 Apr 2014 | 7:01 am
    Preferred Mut. Ins. Co. v Donnelly, 111 AD3d 1242 [4th Dept 2013] was affirmed in Preferred Mut. Ins. Co. v Donnelly, 2014 NY Slip Op 02328 [2014]
  • Non-Party Subpoenas [Ct. App.]

    David M. Gottlieb
    3 Apr 2014 | 6:54 am
    CPLR 3119 CPLR 3101 CPLR 2304 CPLR 3103 Matter of Kapon v Koch, 2014 NY Slip Op 02327 [2014] The Second and Third Departments, while acknowledging that the "special circumstances" requirement no longer applies, nonetheless require the party seeking discovery to meet the "material and necessary" standard and more. Specifically, in those departments, a motion to quash a subpoena will be granted if "the party issuing the subpoena has failed to show that the disclosure sought cannot be obtained from sources other than the nonparty, and properly denied when the party has…
  • Cant't hide investigation behind attorney client privilege

    David M. Gottlieb
    25 Feb 2014 | 11:40 am
    CPLR 3101 National Union Fire Ins. Co. of Pittsburgh, Pa. v TransCanada Energy USA, Inc., 2014 NY Slip Op 01283 [1st Dept. 2014]  The motion court properly found that the majority of the documents sought to be withheld are not protected by the attorney-client privilege or the work product doctrine or as materials prepared in anticipation of litigation. The record shows that the insurance companies retained counsel to provide a coverage opinion, i.e. an opinion as to whether the insurance companies should pay or deny the claims. Documents prepared in the ordinary course of an insurer's…
  • Two Crim Law cases from the Court of Appeals

    David M. Gottlieb
    20 Feb 2014 | 7:30 am
    Not related to the CPLR, but worth reading. People v Thomas, 2014 NY Slip Op 01208 [2014] People v Thompson, 2014 NY Slip Op 01205 [2014]
  • CPLR 2104

    David M. Gottlieb
    18 Feb 2014 | 10:47 am
    CPLR 2104 Tavolacci v Tavolacci, 2014 NY Slip Op 00986 [2nd Dept. 2014] Contrary to the plaintiff's contentions, the record demonstrates that the parties validly entered into a comprehensive open-court stipulation (see CPLR 2104; Pretterhofer v Pretterhofer, 37 AD3d at 446; Borghoff v Borghoff, 8 AD3d 519) by which the plaintiff unequivocally, knowingly, and voluntarily agreed to be bound (see Pretterhofer v Pretterhofer, 37 AD3d at 446). Accordingly, the Supreme Court properly denied the plaintiff's motion, in effect, to vacate the stipulation of settlement and properly granted…
 
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    HealthBlawg :: David Harlow's Health Care Law Blog

  • HIPAA Privacy and Security Compliance: Should You Care?

    David Harlow
    10 Apr 2014 | 7:07 am
    We've Moved! Update your Reader Now. This feed has moved to: http://feeds.healthblawg.com/healthblawg Update your reader now with this changed subscription address to get your latest updates from us. http://feeds.healthblawg.com/healthblawg
  • FDASIA Health IT Report Issued; Comments Welcomed on Three-Agency Approach

    David Harlow
    7 Apr 2014 | 6:09 pm
    We've Moved! Update your Reader Now. This feed has moved to: http://feeds.healthblawg.com/healthblawg Update your reader now with this changed subscription address to get your latest updates from us. http://feeds.healthblawg.com/healthblawg
  • Unlocking the Power of Health Data

    David Harlow
    27 Mar 2014 | 8:46 am
    We've Moved! Update your Reader Now. This feed has moved to: http://feeds.healthblawg.com/healthblawg Update your reader now with this changed subscription address to get your latest updates from us. http://feeds.healthblawg.com/healthblawg
  • Medical Marijuana in Massachusetts: Is the Application Process Broken?

    David Harlow
    13 Mar 2014 | 8:05 am
    We've Moved! Update your Reader Now. This feed has moved to: http://feeds.healthblawg.com/healthblawg Update your reader now with this changed subscription address to get your latest updates from us. http://feeds.healthblawg.com/healthblawg
  • Where are they now? Accretive Health

    David Harlow
    12 Mar 2014 | 6:38 pm
    We've Moved! Update your Reader Now. This feed has moved to: http://feeds.healthblawg.com/healthblawg Update your reader now with this changed subscription address to get your latest updates from us. http://feeds.healthblawg.com/healthblawg
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    Political GPS: Womble Carlyle Political Law

  • Supreme Court Opens New Political Contribution Opportunities for Big Donors

    Womble Carlyle Team
    2 Apr 2014 | 2:00 pm
    In a divided 5-4 ruling in McCutcheon v. Federal Election Commission, the Supreme Court today struck down the federal election law’s long-standing “biennial limit” – the aggregate amount that a person can give to federal candidates and other committees in a two-year election cycle. Prior to the Court’s ruling, an individual could contribute no more than $123,200 during 2013 and 2014, with a maximum of $48,600 for candidates and $74,600 to party committees and PACs. Now, individuals are free to contribute to as many candidates and other committees as they please, so long as each…
  • Corporate Political Law Compliance: Top 5 Tips for the 2014 Election Year

    Womble Carlyle Team
    3 Mar 2014 | 10:41 am
    For many companies engagement with public officials can be critical to achieving business objectives. At the same time, corporate political activities are governed by a complex set of federal, state and local laws, and missteps can have significant legal and reputational consequences. These risks are magnified in an election year when corporations and their leaders are inundated with requests to support candidates and political parties.  Jim Kahl addresses the Top 5 corporate political law compliance tips in a new Client Alert.Click here to read the Top Five Corporate Politlcal Law…
  • Treasury and IRS Provide Thanksgiving Surprise: Proposed 501(c)(4) Political Activity Rules

    Womble Carlyle Team
    2 Dec 2013 | 1:51 pm
    As most of America travelled over the river and through the woods to Grandma’s house before the Thanksgiving holiday, the Treasury Department and the IRS delivered their own holiday gift.  On Tuesday, November 26, they released proposed guidance aimed at clarifying which conduct by tax-exempt social welfare organizations – 501(c)(4) entities – qualifies as political campaign activity.Under existing IRS regulations, the promotion of social welfare does not include direct or indirect participation in political campaigns on behalf of or in opposition to any candidate.  Over the…
  • Pilfered Funds & The FCC’s Online Political Public File Rule: The Law Of Unintended Consequences

    Womble Carlyle Team
    14 Mar 2013 | 12:30 pm
    In recent months, a number of media buyers have had funds stolen from their bank accounts. Even after repeatedly opening and closing accounts to stop the theft, tens of thousands of dollars have been diverted to accounts across the country and across the world. Unfortunately, it would appear that the thieves are obtaining the media buyers’ account information from none other than the U.S. government through the FCC’s on-line political files. While we understand that the FCC may soon address this problem, there are steps that broadcasters and media buyers can take to minimize these…
  • Think Globally, Contribute Legally

    Womble Carlyle Team
    6 Mar 2013 | 1:04 pm
    In today’s globalized world, U.S. subsidiaries of foreign corporations play a significant role in the U.S. economy. And it is common for foreign nationals to have lead roles in both U.S. corporations and the domestic subsidiaries of foreign entities. Companies whose business success requires engagement with federal, state and local lawmakers must understand the restrictions on political activity that apply to foreign national persons and entities. Missteps in this arena can lead to civil and criminal sanctions and damage to your organization’s reputation.Federal law prohibits foreign…
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    Furniture Law Blog

  • Michael Sullivan to Speak on Regulatory & Compliance Issues for Furniture Industry

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

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

    17 Sep 2013 | 7:38 pm
    Furniture manufacturers have a varied arsenal when it comes to protecting their intellectual property. A single item of furniture can be protected by a utility patent (assuming there is functionality), design patent, copyright, and trade dress. If the item or its collection has a name, trademark rights may be available too. Even though there are many tools, the copyright and trade dress combination is a dependable pairing that provides a formidable offense.Amini Innovation Corporation ("AICO") recently deployed this one-two punch against McFerran Home Furnishings. See Civil Action No.
  • Stop Infringement At The Border

    5 Jun 2013 | 6:31 am
    In today's home furnishings marketplace, the importation of goods is a reality that every manufacturer deals with whether they import or not. The importers are often blamed for bringing infringing goods into this country (a reputation that is not altogether undeserved). For manufacturers or importers, it is important to remember that proceedings before the International Trade Commission ("ITC") are an important tool to stopping infringing items from ever entering this country.ITC proceedings are instigated in Washington, D.C. by the holder of intellectual property rights. The ITC has…
  • When Is A Couch, Just A ... Sofa

    7 Mar 2013 | 7:09 pm
    The New York Times recently ran article focusing on couch style and quality. The article, written by Steven Kurtz, may be found here. Kurtz does a superb job of explaining the of what's "under the hood" on a couch and what separates a $13,000 sofa from $599 couch. Included is a great graphic on sofa construction. While Kurtz doesn't expressly address legal issues, the article's discussion of the work and effort put into high-end sofas explains why high-end manufacturers protect their product. The protection may take the form of design patents as well as policing the marketplace for any…
 
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    Marquette University Law School Faculty Blog

  • Even More Commonly Confused Words

    Lisa A. Mazzie
    17 Apr 2014 | 6:19 am
    Below are just a few more commonly confused words, with those post adding to this one and this one on the same topic. Although/while – A former student recently asked me about this combination. There isn’t, as far as I can tell, a hard and fast rule on when to use each of these terms, but there may be preferred usage, and that’s what I’ll explain here.  “Although” tends to mean “in spite of the fact that.” According to Mignon Fogarty, also known as Grammar Girl, “although” is called a concessive conjunction, which means that it expresses a concession. For example,…
  • Sounding Like a Candidate, Clarke Asks, Where’s the Plan for Milwaukee?

    Alan J. Borsuk
    10 Apr 2014 | 12:17 pm
    He said hardly anything about running the Milwaukee County Sheriff’s Department or the controversies he is involved in within county government. The policy area he talked about the most was education. And he spoke a lot about the Milwaukee of his childhood and the Milwaukee of the future. No, David A. Clarke Jr. is not a stick-to-my-own-business law enforcement agency head. Milwaukee’s sheriff since 2002 didn’t say he was going to run for mayor during an “On the Issues with Mike Gousha” program Thursday at Eckstein Hall, but he sure sounded like a candidate. “What’s the vision…
  • MULS to Welcome Professor Linda Edwards in Fall 2014

    Lisa A. Mazzie
    10 Apr 2014 | 5:42 am
    Marquette University Law School’s legal writing professors are pleased to announce that Professor Linda Edwards, E.L. Cord Foundation Professor of Law at University of Nevada Las Vegas, will be joining us as a Boden Visiting Professor for the fall semester of 2014. Professor Edwards is a leading scholar and leader in the field of legal writing.  She has authored five texts, three of them focused on legal writing, and has written numerous scholarly articles on legal writing, rhetoric, and law. Her recent book, Readings in Persuasion: Briefs that Changed the World (Aspen Law & Bus. 2012)…
  • “You Betcha” and Other Wisdom from Education Conference at Eckstein Hall

    Alan J. Borsuk
    9 Apr 2014 | 1:41 pm
    Can we expect kids living in impoverished central cities to have the same levels of educational success as other kids? “You betcha,” answered Michael Casserly. I’m reluctant to reduce three hours of insightful conversation about urban education to two words, but more than a week later, that phrase is among several that sticks with me from “Lessons from Elsewhere: What Milwaukee Can Learn from Work on Improving Urban Education Systems Nationwide,” a conference at Eckstein Hall sponsored by Marquette Law School and Marquette College of Education. Nobody among the speakers nor in the…
  • The Gender Wage Gap and Equal Pay Day

    Lisa A. Mazzie
    8 Apr 2014 | 11:54 am
    My brother and I used to love to play the game of Life. We’d always go to the college route because it didn’t take much to see that going straight into business was going to get you the lowest pay on the board ($12,000, at the time). We’d grumble if we ended up teachers (the next lowest pay at $24,000) and always wished for that coveted doctor salary (the highest pay at $50,000). Ironically, we both became teachers in the real game of Life.  But that aside, one thing in that game was always certain: if we both ended up with the same occupation, the pay was the same every payday, for…
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    Green Building Law Update

  • Why You Care About the Revision to OMB Circular A-119?

    Stuart Kaplow
    15 Apr 2014 | 8:41 pm
    The U.S. Office of Management and Budget is seeking comments, no later than May 12, 2014, on proposed revisions to Circular A-119, “Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities.” “Green Globes and LEED are voluntary, consensus based standards” according to Kevin Kampschroer, director of the office of federal high-performance green buildings at the U.S. General Services Administration, referring to the March 2012 U.S. Department of Energy, Green Building Certification System Review.   That…
  • The Single Most Significant Change in LEED

    Stuart Kaplow
    9 Apr 2014 | 7:53 pm
    By Jacqueline Lusk and Stuart Kaplow The newest version of LEED, with the designation LEED v4 is not simply another step in the continuous improvement of the third party verified green building rating system, and while not paradigm shift equal to a Neil Armstrong “giant leap for mankind,” LEED v4 is an all but an entirely new green building certification program. Among the many modifications from the previous version, LEED 2009, there is a single change that is the most significant, bar none. The change is buried deep within the LEED Operations and Maintenance Existing Buildings…
  • LEED Reaches 3 Billion Certified Square Feet

    Stuart Kaplow
    1 Apr 2014 | 6:56 pm
    The U.S. Green Building Council is about to announce that there are more than 3 Billion square feet of LEED certified commercial and institutional building. Three Billion! That is a three followed by nine zeros or three thousand millions. In a sense of scale, the Earth is only 4.67 Billion years old. The distance to the moon and back is less than 3 Billion feet (actually 2.66 Billion feet at apogee). It is very hard to comprehend how many 3 Billion is. The word Billion may not be as unfathomable as it once was, but 3 Billion square feet of LEED building is nothing less than a market…
  • LEED Law Intersects Miracle on 34th Street

    Stuart Kaplow
    23 Mar 2014 | 3:33 pm
    On March 18th the Tomkins County legislature enacted a new local law providing for up to a 10 year property tax abatement for construction achieving LEED certification. Tomkins County, New York which includes the Ithaca area, was named for Daniel Tomkins. Tompkins may be best known because he was mentioned by Kris Kringle in the 1947 film Miracle on 34th Street. The onscreen line was incorrect, however, in that Kringle said Tompkins served as Vice President of the United States under John Quincy Adams when in fact he was elected on the ticket with James Monroe in 1816 (.. but you knew…
  • EPDs are New and Untested but in Short Order will Dominate

    Stuart Kaplow
    18 Mar 2014 | 5:11 pm
    An environmental product declaration (EPD) is a method of quantifying the environmental impacts of a product in order to provide a sound basis for making decisions about the use of that product. As explained in my recent blog post, EPDs are Among the Hottest Topics in Green Building. Most simply put, an EPD in analogous to a nutritional label on a box of cereal. But beyond that explanation nothing is simple .. As a threshold matter, EPDs have been a European construct in part to comply with the European Union Integrated Product Policy. There is no similar U.S. law. Credits in LEED v4 related…
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    California Employment Law Report

  • Are electronic signatures valid in the employment setting?

    Anthony Zaller
    14 Apr 2014 | 4:08 pm
    Generally, yes, and surprisingly this is one area that legislation is well ahead of the general adoption of the technical capabilities available in the marketplace. For example, in 1999 the California Legislature enacted the Uniform Electronic Transactions Act (the “UETA”), Civ. Code, §§ 1633.1 et seq., which provides that when a law requires a record to be in writing or requires a signature, an electronic record or signature satisfies the law. The law requires that any contract entered into between two parties may not be denied legal enforceability simply because of the…
  • Interviewed for KTLA news story about employers' use of social media in the workplace

    Anthony Zaller
    26 Feb 2014 | 11:10 am
    I was interviewed for a news story that aired on KTLA here in Los Angeles about employer’s use of social media in evaluating applicants and employees. I’ve been writing and speaking about this topic for at least five years now, but given the pervasiveness of social media, the topic is only becoming more relevant with the increased use of social media today.  Employers need to remember to keep a few items in mind regarding social media and the workplace. California passed a law, Labor Code section 980, effective January 1, 2013 that prohibits employers from “requiring or…
  • Are on-duty meal periods valid in California?

    Anthony Zaller
    6 Feb 2014 | 7:58 am
    As many California employers know, ignoring or failing to comply with the requirements of providing meal and rest breaks in California can create huge liability for companies. California law does allow for “on-duty” meal periods, whereby the employee takes a meal break, but while still working. Employers sometimes view this exception as an easy alternative to having employees clock out and leave the company’s premises for meal breaks. However, the on-duty meal break exception has been interpreted to apply only in a very limited set of circumstances, and needs to be carefully…
  • Top Five Items California Employers Need To Know About Tips

    Anthony Zaller
    20 Jan 2014 | 3:25 pm
    1) Who owns a tip? California law is clear that voluntary tips left for an employee for goods sold or services performed belong to the employee, not the employer. Labor Code section 351 provides, “No Employer or agent shall collect, take or receive any gratuity or a part thereof that is paid, given to, or left for an employee by a patron…. Every gratuity is hereby declared to be the sole property of the employee or employees to whom it was paid, given, or left for.” 2) Is employer mandated tip pooling legal? Yes. In the seminal 1990 case on tip-pooling, Leighton v. Old…
  • Can employers use employee's posts to social media as basis for employment decisions or would this violate an employee's right to privacy?

    Anthony Zaller
    5 Jan 2014 | 8:50 pm
    Generally, employees have a privacy expectation in their personnel files, contact information, and work related information. However, this expectation of privacy is not limitless, especially when the employee publically airs his or her work experiences on social media sites for the public to see. Courts have held that employees can waive this right to privacy once they make disclosures in public for everyone else to read via social media networks. For example, in a case not in the employment context, a California court reviewed the issue of whether an author who posts an article on…
 
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    Social Security Disability Lawyer

  • Get your doctor's opinion

    Maine Social Security attorney Gordon Gates
    16 Apr 2014 | 3:00 am
    When the SSA reviews your initial disability claim, it obtains your medical records, and determines your residual functional capacity after analyzing those records. The problem with this approach is that the SSA does not obtain your doctor's opinion about your limitations. Rather, the SSA reviews your medical records and makes its own determination. However, a doctor's treatment notes are intended to manage a patient's medical care, not to establish the functional limitations that Social Security uses to evaluate a claimant's ability to work. As a result, the method used…
  • Social Security Statement available online

    Maine Social Security attorney Gordon Gates
    8 Apr 2014 | 4:15 am
    Until a few years ago, we all used to receive a Social Security statement in the mail each year. The statement contains a record of the earnings upon which you have paid Social Security taxes over the years, and an estimate of the benefits you may earn as a result. To save money, these statements are now longer mailed. However, they are available online at ssa.gov. Anyone considering a disability claim should go online to obtain a copy of the statement.  The statement will show your estimated disability benefit should you become disabled, as well as the family maximum for benefits, should…
  • Winning at Reconsideration

    Maine Social Security attorney Gordon Gates
    2 Apr 2014 | 3:05 am
    Many clients make first contact with me after receiving a denial letter for an initial application for Social Security disability benefits. It is crucial to appeal the denial of your benefits right away. After an appeal, the next step in most states (including Maine) is Reconsideration (in New Hampshire, however, disability claims go directly from an initial denial to the hearing level - there is no Reconsideration step in New Hampshire). At Reconsideration the claim goes back to DDS, but gets assigned to a different disability examiner and medical team. They review the claim, consider any…
  • ALJ hearing: preparing your testimony

    Maine Social Security attorney Gordon Gates
    26 Mar 2014 | 3:00 am
    I have a whole booklet about preparing your case for a Social Security disability hearing (you can download a pdf of the booklet for free). This post concerns preparing your testimony for the disability hearing. You should expect to testify at your hearing, and that testimony can be critically important to your claim. One of the tasks of a disability lawyer is to prepare you to testify. That does not mean telling you what to say at your hearing. But preparation does often include things you should not say. Here are two examples: The answer to the question "Why can't you…
  • Compassionate Allowance - Spinocerebellar Ataxia

    Maine Social Security attorney Gordon Gates
    22 Mar 2014 | 2:16 pm
    For several years, Social Security has had a list of medical conditions that qualify for compassionate allowances. If you have one of these diagnoses and have stopped working, then the SSA has an expedited process to establish disability. In general, compassionate allowance claims are granted before a disability lawyer ever becomes involved. So it is not something we see that often. This week I worked with a new client on an initial application for Social Security disability benefits. The gentleman has spinocerebellar ataxia, a degenerative nerve condition which is on the list of SSA…
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    The Rainmaker Blog

  • Top 3 Reasons Attorneys Fail to Grow Their Practices & What You Can Do to Succeed

    Stephen Fairley
    16 Apr 2014 | 3:34 pm
    Law firm marketing is a complex and competitive business. And there are many reasons why certain law firms fail to grow or even fail to survive. However, in my working with more than 10,000 attorneys over the years, I’ve come to find that there are essentially 3 main reasons why attorneys fail to grow their practices:
 1.  Lack of time. This is the single biggest complaint we hear. You’re stressed for time. You barely have time to serve your clients, much less market your practice. Not to mention spend time with your family. 2.  Lack of strategy. From a marketing…
  • Free LawMarketing.com Webinar on Creating Engaging Blog Content & Getting More Exposure Online

    Stephen Fairley
    15 Apr 2014 | 2:49 pm
    Hundreds of top law firms write new blog content every month, but most of their posts are never read by their top prospects!  What can you do so prospects want to continually read your blog posts? You probably already know that content marketing is a top strategy to attracting and building relationships with new leads. Consumers are turning to the Internet like never before to research answers to legal questions BEFORE they even consider calling an attorney or scheduling a consultation. On Thursday, April 24, at 1 p.m. ET/10 a.m. PT, LawMarketing.com Editor-in-Chief Cindy Greenway will…
  • Here's One Banker Who Can Really Help Your Law Firm Grow

    Stephen Fairley
    14 Apr 2014 | 2:46 pm
    Meet Wally Hayes (that’s him on the right), vice president of Bank of America Practice Solutions and one banker who can really help your law firm grow. If you’ve attended any of our West Coast Rainmaker Retreat sessions, you may have met Wally.  I’ve had him speak a few times, and he’ll be at the Las Vegas Rainmaker Retreat on May 30-31.  I wouldn’t waste your time, or mine, if I didn’t think he had something important to convey to attorneys who may need some financial assistance for things that can contribute to your firm’s viability but…
  • 5 Tips for Fixing Your LinkedIn Profile

    Stephen Fairley
    13 Apr 2014 | 9:00 am
    I see a lot of attorney profiles on LinkedIn, since I connect with many of our clients and those who have attended our Rainmaker Retreat. And what I see mostly is room for improvement. LinkedIn has become the de facto online Rolodex for keeping up with contacts and referral sources, and is a must for B2B law firms seeking ways to connect with prospects. So why wouldn’t you do your best to put your best foot forward at all times? Here are 5 tips for fixing your LinkedIn profile: 1. Assess your goals. Why are you on LinkedIn? If it’s to market your firm, then you need to be sure…
  • What is a "Lifestyle" Law Firm?

    Stephen Fairley
    12 Apr 2014 | 9:00 am
    Do you have a 'lifestyle' law firm? My short video explains what that means: Every attorney that I have ever met wants one, but not everyone knows how to achieve it. I do! I have worked with over 10,000 attorneys and have shown them the exact color-by-the-numbers system that has helped create 7-8 figure law firms. Now it's your turn to attend a Rainmaker Retreat this month in San Antonio and get it too. Click the link below to hear other attorneys tell you in their own words about their experience at the Rainmaker Retreat. You will also see the dates and locations of upcoming retreats…
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    Defending People

  • Texas Rules of Appellate Procedure

    Mark Bennett
    31 Mar 2014 | 6:51 pm
    I couldn’t find the Texas Rules of Appellate Procedure online in HTML format—only in PDF format—so I created them. You’re welcome. Copyright © 2013 Houston criminal-defense lawyer Mark Bennett. This feed is for personal, non-commercial use only. The use of this feed on other websites breaches copyright. If this content is not in your news reader, the page you are viewing infringes the copyright. (Digital Fingerprint: 9fddc86334d71f22cfdb4b70fe23bb0e (184.169.211.248) .)
  • Harris County Criminal-Defense Residency

    Mark Bennett
    26 Mar 2014 | 11:39 am
    From Scott Ehlers at the Harris County Public Defender’s Office: The Harris County Public Defender’s Office received a grant from the Department of Justice to establish the Future Appointed Counsel Training Program (FACT) for new lawyers committed to representing indigent defendants in Harris County. The training includes a 14-day “boot camp” this summer , and 2 weekend follow-up trainings next year, all provided by Gideon’s Promise (online at: http://gideonspromise.org). The grant covers expenses for travel, lodging, meals, the 14-day “boot camp,” and the 2 follow-up…
  • The Ethics of Decolletage

    Mark Bennett
    25 Mar 2014 | 2:11 pm
    My Three Commandments of Criminal-Defense Ethics: I. Thou shalt not break the law. II. Thou shalt put thine client’s interests above all else. III. There will be times when (I) and (II) seem to clash; at those times thou shalt consult ethics counsel. From Judge Richard Kopf, who has recommenced blogging at Hercules and the Umpire, in regard to lawyers wearing short skirts and low-cut blouses in court: I have three rules that young women lawyers should follow when considering how to dress for court: 1. You can’t win. Men are both pigs and prudes. Get over it. 2. It is not about you.
  • Dirty-Talk Statute Dead in Texas, and a Misquote

    Mark Bennett
    19 Mar 2014 | 8:46 am
    This morning the Court of Criminal Appeals denied the State’s Motion for Rehearing (PDF) in my case invalidating Section 33.021(b) of the Texas Penal Code. The court pointedly ignored the Attorney General’s effort to intervene, and found that Section 402.010 of the Texas Government Code was also unconstitutional, in violation of the Separation of Powers provision of the Texas Constitution. In related news, I’m pretty sure this purported quote in Mitch Mitchell’s Fort Worth Star-Telegram article about the case… “It’s OK for adults to talk dirty to children,”…
  • True Believers Redux

    Mark Bennett
    23 Feb 2014 | 5:03 pm
    Six and a half years ago Scott Greenfield wrote The Fallacy of True Believers, about the danger of true believers: But Bill [Kunstler] was a scary guy.  Bill was a true believer in the cause, not that I was ever quite clear what the cause was because abject liberalism is an ever changing line.  Bill existed for the cause, not the client.  If the cause demanded that the client burn, so be it.  He took a long range view of the world, and the cause was far more important than any individual, with their petty problems.  So us stupid kids who found ourselves in his orbit learned quickly that…
 
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    a public defender

  • Yet another prosecutor “accidentally” suppresses exculpatory evidence

    Gideon
    17 Apr 2014 | 4:10 am
    No, of course violations of Brady v. Maryland aren’t a problem; no, of course, no prosecutor ever would intentionally hide evidence that tended to show that the person accused may not be guilty; no, of course, the system that we have is great. And yet. Yet again. Say hello to Dejuan Hammond, who was 5 days into a trial accused of murder. Hammond had just finished sitting through the testimony of his ex-girlfriend, Princess Bolin, who gave two interviews to police implicating him. Or did she? [Defense attorney] Shouse was cross-examining Princess Bolin then and mentioned the two…
  • Maybe now it’s clear that prisons aren’t the place for teenagers

    Gideon
    17 Apr 2014 | 4:00 am
    I suppose it takes a blatant misstep by a governmental agency to draw attention to any injustice and so it seems is the case with Jane Doe, the transgender self-identifying girl who has been transferred from DCF1 custody to the adult women’s prison by way of the men’s young-adult prison. Don’t get me wrong, I’m glad that this attention is being paid to the state of our juvenile detention facilities, our prisons and their inadequacy in meeting the needs of troubled teenagers, but just remember as you read about Jane Doe and her predicament that there is probably no…
  • Another CT town will put cameras on its school buses

    Gideon
    16 Apr 2014 | 4:00 am
    Apparently this is a thing. School buses are now mounting cameras on their outside to capture the license plates of cars that do not stop for the school bus. Fine, but if you get a ticket, remember to read up on the law. For instance, revisit my post from 2008 in which I informed you that you don’t have to stop for a school bus that’s on the other side of a divided road.
  • Knockout bill KOs logic, advances in legislature

    Gideon
    15 Apr 2014 | 4:10 am
    Listen, if you’re going to propose a bill that criminalizes a “trend” in assaultive behavior and you want to single out juveniles for especially harsh treatment, you better have a more concrete response than this: Verrengia said it was difficult to determine how many of the attacks have occurred when he was asked Monday if there was any evidence suggesting that a large number have been committed by 16- or 17-year-old offenders. “I tried to wrap my arms around it, I tried to get statistics, but it’s very difficult to do so by virtue of the present reporting requirements…
  • A DuPont heir update and a reminder that the media generally sucks at criminal justice reporting

    Gideon
    15 Apr 2014 | 4:00 am
    Remember two weeks ago when you were outraged like never before that the rich, pedophilic, no-good trust fund bastard Robert H. Richards IV, aka “the DuPont heir” got away with no jail time because he “wouldn’t fare well in jail” according to some liberal activist judge in Delaware? Remember that you were so angry that he was rich and therefore got special treatment and you wanted to burn him instead of burning down the system that encourages such disparities? Now, do you also remember that generally speaking the media is god-awful at reporting on criminal…
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    Federal Employment Law Articles

  • All That for a Bag of Chips: Walgreens going to trial in disability discrimination case

    16 Apr 2014 | 10:00 pm
    The case, which I wrote about way back in 2011, is a cautionary tale for employers who are trying to deal with employees who break the rules because of their disabilities.
  • Arbitration Clause Survives Termination of Contractor Agreement, Federal Court Rules

    16 Apr 2014 | 10:00 pm
    An arbitration clause survived the termination of the underlying agreement even though the clause was not specifically referenced in the agreement’s survival clause, the U.S. Court of Appeals for the Sixth Circuit, in Cincinnati, has ruled in a case of first impression among the federal circuit courts. Huffman et al. v. Hilltop Cos., LLC, No. 13-3938 (6th Cir. Mar. 27, 2014). Relying on the strong federal policy favoring arbitration, the Court concluded the parties’ omission of the arbitration clause from the survival clause did not imply the arbitration clause had no post-termination…
  • Meet Illinois’ Newest Power Couple: NLRB Region 13 and Illinois DOL Enter Into Formal Cooperation Agreement; NLRB Softens Strict Default Judgment Language, Gives Regions More Discretion

    15 Apr 2014 | 10:00 pm
    The past few weeks have brought potentially important developments for employers at both the local and national level. First, in Chicago, the Regional Director for Region 13 of the National Labor Relations Board, Peter Sung Ohr, and the Director of the Illinois Department of Labor (DOL), Joseph Costigan, recently signed a Memorandum of Understanding (MOU) to strengthen cooperation and collaboration between the two agencies. Under the MOU, the agencies have agreed to refer charges to each other if they receive information while processing a case that may be within the jurisdiction of the other…
  • USDOL Guidance Released On "Adult Foster Care", "Shared Living Arrangements"

    15 Apr 2014 | 10:00 pm
    We reported earlier that the U.S. Labor Department has issued a Final Rule re-stating the requirements for and limitations upon the federal Fair Labor Standards Act's Section 13(a)(15) "companionship exemption". The changes are effective in January 2015. As has been widely discussed, this exemption will then no longer be available to third-party employers under the new regulations.
  • Drug/alcohol testing clearinghouse for truck drivers speeds toward adoption

    15 Apr 2014 | 10:00 pm
    Motor carriers have always taken drug abuse seriously, but they have even more reason to do so now. The Federal Motor Carrier Safety Administration has released proposed regulations that would create a drug and alcohol testing clearinghouse for interstate truck and bus drivers.
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    Slaw

  • Thursday Thinkpiece

    Administrator
    17 Apr 2014 | 4:00 am
    Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form. Royal Succession and the Canadian Crown as a Corporation Sole: A Critique of Canada’s Succession to the Throne Act, 2013 Philippe Lagassé and James W.J. Bowden Constitutional Forum constitutionnel Volume 23, Number 1, 2014 (Excerpt: pp. 19, 20) I. The Canadian Crown as Corporation Sole Perpetuity and…
  • Solving the High Cost of the “Review” Stage of Electronic Discovery

    Simon Fodden
    17 Apr 2014 | 4:00 am
    This article provides more details on the following comment that I posted (April 10th) to Dan Pinnington’s article of April 8th, “Ontario Judge Strongly Pushes for Greater Use of Technology in Courts and Orders E-Trial”: My Comment, excerpted: Make the preparation work of a lawyer making production comparable to that of an accountant. The client doesn’t give the accountant 100,000+ records and say, ‘here, you make up our financial records and then do the audit.’ The litigation lawyer should be able to work the same way, by combining the searching and reviewing into one act. That…
  • Upcoming Law Student Week

    Simon Fodden
    17 Apr 2014 | 4:00 am
    This year, as we have done for a few years in the past, Slaw will each day in the coming week host a number of student essays written for Professor Adam Dodek’s first year course in Legal Ethics at the University of Ottawa Faculty of Common Law. As Professor Dodek has said here before: I have found that our students have great perspectives on these issues because they were so recently members of that ridiculous term that only lawyers use: “lay people”. While law school is certainly a socialization process for the legal profession, law students have not been fully socialized. Many…
  • Teaching ODR… Whose Job Is It?

    Karim Benyekhlef and Nicolas Vermeys
    17 Apr 2014 | 4:00 am
    A few months ago, a subscriber to John Gregory’s listserv (which every IT law enthusiast should subscribe to) sent a message regarding how the impact of IT on the legal profession was being taught (or rather wasn’t being taught) in Universities across the country. Of course, that very question has preoccupied lawyers and legal scholars alike for two decades with regard to IT law, i.e. whether it should be treated as a subject in and of itself (in which case it usually isn’t a mandatory class, meaning that students can go through law school without hearing the word “Internet” in a…
  • Protection De La Vie Privée Au Canada: Finalement, Des Dents Plus Longues!

    Patrick Cormier
    16 Apr 2014 | 11:34 am
    À Québec aujourd’hui et demain, au Château Laurier, a lieu le 22e Congrès annuel des conseillers en accès à l’information et en protection de la vie privée (programme). Me Chantal Bernier, Commissaire par intérim à la vie privée du Canada, a offert une excellente allocution d’ouverture ce matin. À retenir: le Commissaire à la protection de la vie privée (CPVP) du Canada aura bientôt des dents pas mal plus longues. Me Bernier, présentement commissaire par intérim, offre une vision claire et efficace pour la mise en oeuvre du mandat du CPVP: une empreinte…
 
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    Virtual Law Practice

  • Article in Legal IT Today: The Engagement Game

    slkimbro
    1 Apr 2014 | 12:22 pm
    I wrote an article about the use of games for legal services in the March issue of Legal IT Today, an online legal tech publication. You can read the full article starting on page 31 of the publication. A couple of quotes from the article: Most people seek out assistance only after they suspect they have a legal problem, but what if we could provide increased legal awareness to the public at large through educational games for legal services? Because of the psychology behind gaming that supports positive engagement, games could be used to educate the public as well as provide a way for the…
  • Slides: Class from Law Practice Tech & Management Course

    slkimbro
    26 Mar 2014 | 1:00 am
    I’ve been co-teaching a law school course this semester with Richard Granat called Law Practice Technology and Management for the Center for Law Practice Technology. The bulk of the class is online where we have the materials, such as recorded lectures, articles, videos and podcasts, for the students to go through in module format. Once a week, we hold a live session of the class where we go more in-depth into the topic in that week’s module or where we will expand off into something related to the topic, such as a demo of a technology tool or a virtual law firm simulation. The…
  • ABA Journal Article on Virtual Practice

    slkimbro
    25 Mar 2014 | 10:42 am
    The ABA Journal published an article entitled “Lawyers’ definitions of virtual practice vary, but not when it comes to finding success“.  The article runs through the different definitions of virtual law practice and the wide variety of ways that lawyers are choosing to deliver legal services online. The debate over the definition of the term (which the online legal community hashed out in multiple debates over the past eight years) does not matter as much as the use of the technology to serve clients, increase access to legal services, and provide lawyers with flexibility…
  • Starting a Fellowship at Stanford Law

    slkimbro
    24 Mar 2014 | 2:58 pm
    I am very excited to announce that I will be starting a fellowship at Stanford Law School in June. The fellowship will be with the Center on the Legal Profession. I am putting together a plan for the work I want to accomplish while I have this fellowship and access to the awesome resources at Stanford. Online delivery of legal services and increasing access to justice with technology will continue to be the focus of my work, but I have some more exploring and thinking to do before nailing down the goals I want to achieve while working there. Last year, I wrote a post about exploring…
  • Video – Disruptive Innovation in Legal Services at Harvard

    slkimbro
    13 Mar 2014 | 7:12 am
    Last week I attended a conference hosted by Harvard Law School’s Program on the Legal Profession, entitled “Disruptive Innovation in the Market for Legal Services.” My primary reason for attending was to hear Clayton Christensen, a Professor at Harvard’s Business School and author of The Innovator’s Dilemma, speak about disruption in the legal profession. Unfortunately, he admitted to not really having analyzed our profession from the perspective of disruptive innovation so his talk was a bit of a rehash of both Innovator’s Dilemma and The Innovative…
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    Native American Legal Update

  • Federal Trust Responsibility Seminar - October 3 in Seattle

    Greg Guedel
    4 Apr 2014 | 11:30 am
    The Seattle University Center for Indian Law and Policy and the Intertribal Timber Council are sponsoring a Symposium on Reform of the Federal Trust Responsibility on October 3, 2014 in Seattle. The Symposium will explore opportunities to significantly improve the benefits that Tribal communities can gain from their natural resource heritage. The U.S. Assistant Secretary for Indian Affairs Kevin Washburn will be a panelist, as will practitioners and scholars from around the nation along with House and Senate staff. Seattle University Professor Eric Eberhard summarized the program’s…
  • BIA Tribal Court Advocacy Training Sessions: March-June 2014

    Greg Guedel
    19 Mar 2014 | 12:05 pm
      The Bureau of Indian Affairs Office of Justice Services is offering the following Tribal Court advocacy training sessions, which are open to all professionals working in Tribal Court systems: March 31 – April 3   Denver, Colorado:     Illegal Narcotics Trafficking May 19 – 22  Helena, Montana:    Domestic Violence June 23 - 26    Albuquerque, New Mexico:   DUI – Writing Skills  The sessions will also include a Violence Against Women Act (VAWA) Round Table Discussion (1/2 day - 1-5 pm) If you have questions regarding…
  • "Bertha" Tunnel Machine Confronts Native History In Seattle

    Greg Guedel
    18 Mar 2014 | 11:45 am
      The world’s largest tunnel boring machine, nicknamed “Bertha”, has been stalled for weeks due to mechanical issues. Before it can be restarted, “new” cultural issues must also be resolved. Ancient Native American artifacts could lie in the shaft contractors need to dig to repair the broken machine that is digging the highway tunnel under the waterfront area of downtown Seattle. The Washington State Department of Transportation's cultural resources manager says workers have started using exploratory probes to determine if archaeological work is needed. The…
  • Oglala Sioux Launch New Cryptocurrency

    Greg Guedel
    7 Mar 2014 | 2:27 pm
    On the Pine Ridge Indian Reservation, one of the most impoverished areas in the US, the Oglala Sioux Tribe has just become the first Native American nation to launch their very own cryptocurrency, the MazaCoin. The currency’s originator Payu Harris wants to use the tribal nation’s sovereignty to set its own rules on cryptocurrencies. “I think cryptocurrencies could be the new buffalo,” Harris says. “Once, it was everything for our survival. We used it for food, for clothes, for everything. It was our economy. I think MazaCoin could serve the same purpose.”…
  • The Boldt Decision at 40 - Special Seminar At Seattle University

    Greg Guedel
    10 Feb 2014 | 11:13 am
    The Boldt Decision at 40- The legacy of U.S. v. Washington Tuesday, February 18, 2014 2:00 p.m. - 3:50 p.m. Seattle University School of Law Sullivan Hall, Courtroom 901 12th Avenue Seattle, WA Seattle University is offering a special opportunity to meet Mr. Phil Katzen and hear his unique perspective on United States v. Washington, the long-running treaty fishing rights case which confirmed the right of Tribes in Washington state to claim a 50% share of all fish caught in their traditional fishing territories.  Mr. Katzen frequently served as a lead or coordinating counsel for the…
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    Technology & Marketing Law Blog

  • Internet Law Professors File Amicus Brief in ‘Innocence of Muslims’ Case–Garcia v. Google

    Eric Goldman
    16 Apr 2014 | 9:06 am
    I’m sure you are familiar with Garcia v. Google, the copyright lawsuit against YouTube over the Innocence of Muslims video that led to a fatwa being issued against Garcia, an actress in the movie. In a truly awful opinion from February, a split Ninth Circuit panel led by Judge Kozinski issued a preliminary injunction against YouTube’s publication of the video, subsequently corrected to an injunction prohibiting YouTube’s publication of the video including Garcia’s depiction. The majority opinion butchered copyright law, and in a procedural move we don’t normally…
  • Twibel Ruling: Tweeting That Someone is “Fucking Crazy” is Not Defamatory

    Venkat Balasubramani
    15 Apr 2014 | 1:12 pm
    This is a case that addresses how defamation can play out on Twitter, which is a perennial favorite of mine (perhaps owing to my excessive participation in that medium). Feld tried to buy a horse (“Munition”) that would become a companion horse. Unfortunately Feld never got to enjoy Munition’s company, as Munition was sent via a horse auction to Canada and was slaughtered. Munition’s fate apparently became the topic of great (internet) debate, and Conway, a “bloodstock agent” weighed in. It does not appear that she had any prior relationship to the transaction or with Feld. In…
  • Court Lauds Blogs “As A Means Of Free Dissemination Of News And Public Comment”–Comins v. Vanvoorhis

    Eric Goldman
    12 Apr 2014 | 10:42 am
    Photo credit: I Love Blogging // ShutterStockA number of states have “retraction” laws that require plaintiffs to demand a retraction from media defendants before suing for defamation. How these laws apply to Internet publishers arose early in the development of Internet jurisprudence. For example, in the 1995 case It’s In the Cards v. Fuschetto, the court held that the Wisconsin retraction statute didn’t apply to an online bulletin board service. The Internet industry has changed a lot in the last 20 years, and now it’s clearer that many blogs are the functional…
  • Of Course The First Amendment Protects Baidu’s Search Engine, Even When It Censors Pro-Democracy Results (Forbes Cross-Post)

    Eric Goldman
    10 Apr 2014 | 1:44 pm
    Photo credit: Photo of Baidu homepage // Gil C / Shutterstock.comBaidu.com is the leading search engine in China. The plaintiffs in this case have published materials online about the democracy movement in China. They allege that, at the request of the Chinese government, Baidu excludes pro-democracy search results, including their materials. They sued Baidu in the United States for this alleged censorship. Recently, in a scholarly, thoughtful and wholly persuasive opinion, a federal judge emphatically rejected the lawsuit, saying the First Amendment protected Baidu’s search results. To…
  • Xcentric Ventures Chips Away at Small Justice’s Copyright Workaround to Section 230

    Venkat Balasubramani
    5 Apr 2014 | 11:27 am
    Goren is a lawyer. Dupont made a less than flattering post about Goren to the Ripoff Report site, which is famous for not removing posts even at the request of the author. (Ripoff Report is one of the most successful litigants in using Section 230 as a defense and has thus been the subject of numerous blog posts here.) Goren sued Dupont for libel in state court. shutterstock – alexkopje – “complaint form” Dupont failed to appear, so the trial court granted default and enjoined Dupont from publishing the report. At Goren’s request, the trial court transferred…
 
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    The California Employment Law Blog by Mediator Steven G. Pearl

  • Williams v. Superior Court: Court of Appeal Reverses Decertification Order In Off-the-Clock Class Action

    Steven G. Pearl
    9 Apr 2014 | 8:00 am
    Williams v. Superior Court (Allstate Insurance Company) (12/6/13, mod. 12/24/13) 221 Cal.App.4th 1353, concerns facts very similar to those in Jones, which I discussed recently. The plaintiff sued his employer, Allstate, alleging that he and other insurance adjusters worked off the clock, performing tasks such as logging onto their work computers, but that they “hesitated to request overtime because they did not want to be perceived as ‘bad’ employees.” Slip op. at 3. The trial court originally certified an “off-the-clock” class, but granted Allstate’s motion for…
  • Jones v. Farmers Insurance Exchange: Court of Appeal Reverses Denial of Class Certification in Off-the-Clock Class Action

    Steven G. Pearl
    8 Apr 2014 | 8:00 am
    In Jones v. Farmers Insurance Exchange (10/28/13, mod. and pub. 11/26/13) 221 Cal.App.4th 986, the plaintiff worked as an adjuster for Farmers. He sued, alleging that Farmers should have paid him for "computer sync time" work performed before beginning his scheduled shifts.  The plaintiff filed for class certification, and Farmers opposed, arguing that it had no uniform policy requiring unpaid pre-shift work and that individual issues thus predominated. The trial court denied certification, and the Court of Appeal reversed, finding as follows: Under Brinker and Sav-On the…
  • Martinez v. Joe's Crab Shack: Court Reverses Certification Denial in Misclassification Class Action

    Steven G. Pearl
    7 Apr 2014 | 8:27 am
    In Martinez v. Joe's Crab Shack (11/12/13, pub. 12/4/13) 221 Cal.App.4th 1148, the plaintiffs alleged that the defendants misclassified them and other salaried management employees as exempt from California’s overtime requirements. The trial court denied certification, and the Court of Appeal reversed, holding as follows: The plaintiffs adequately represented the class because any antagonism to the case voiced by putative class members did not go “to the very subject matter of the litigation” and could be managed by creating subclasses. Slip op. at 10-12. The…
  • Palagin v. Paniagua Construction: Undertaking in Labor Commissioner Appeal Is Jurisdictional

    Steven G. Pearl
    13 Mar 2014 | 8:00 am
    Just a quick word on this case. In Palagin v. Paniagua Construction, Inc. (12/16/13) --- Cal.App.4th ---, the Court of Appeal held that the statutory deadline for an employer to post an undertaking "as a condition to filing an appeal" of a Labor Commissioner award is a jurisdictional deadline that the trial court cannot extend. Under Labor Code section 98.2(b), where the employer fails to post the undertaking within the statutory period, the trial court must dismiss the appeal. Cf. Progressive Concrete, Inc. v. Parker (2006) 136 Cal.App.4th 540, 552-553 (the undertaking requirement in an…
  • Ayala v. Antelope Valley Newspapers: California Supreme Court Calendars Oral Argument in Independent Contractor Class Action

    Steven G. Pearl
    12 Mar 2014 | 8:00 am
    In Ayala v. Antelope Valley Newspapers, Inc. (9/19/12, pub. 10/17/12) 210 Cal.App.4th 77 (discussed here), the plaintiffs sought to certify a class of newspaper home delivery carriers, alleging that AVP improperly classified them as independent contractors rather than employees. The trial court held that individual issues predominated because of numerous variations in how the carriers performed their jobs. The Court of Appeal reversed in part, holding that such variations did not preclude class certification under S.G. Borello & Sons, Inc. v. Department of Industrial…
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    The Securities Law Blog

  • SEC Announces Additional $150,000 Payment to Recipient of First Whistleblower Award

    7 Apr 2014 | 10:00 am
    The SEC has announced that the whistleblower who received the first award under the agency's new whistleblower program will receive an additional $150,000 payout after the SEC collected additional funds in the case.The whistleblower, who the SEC did not identify in order to protect confidentiality, has now been awarded a total of nearly $200,000 since the award was announced on Aug. 21, 2012. The award recipient helped the SEC stop a multi-million dollar fraud by providing documents and other significant information that allowed its investigation to move at an accelerated pace and prevent the…
  • New Jersey Brokerage Firm Charged in Manipulation

    7 Apr 2014 | 5:12 am
    The Securities and Exchange Commission charged the owner of a Holmdel, N.J.-based brokerage firm with manipulative trading of publicly traded stocks through an illegal practice known as "layering" or "spoofing."The SEC also charged the owner and others for registration violations. Two firms and five individuals agreed to pay a combined total of nearly $3 million to settle the case.In layering, the trader places orders with no intention of having them executed but rather to trick others into buying or selling a stock at an artificial price driven by the orders that the trader later cancels. An…
  • SEC Expanding the Scope of Insider Trading

    5 Apr 2014 | 9:00 am
    Despite all of the insider trading investigations and cases we have handled there are two aspects of these cases that still amaze us - the convoluted charges that the Commission  sometimes files, and the contortions that some folks go through to avoid detection. For the latter, we recently saw the cases of the middleman who ate the notes with the stock symbol, the investors who thought cell phones would avoid detection, trading in a girlfriend's account to pay alimony Some of these cases involve mere allegations that the SEC cannot prove - like the case against the Florida doctor…
  • DOJ Pushes to Expand Hacking Abilities Against Cyber-Criminals

    4 Apr 2014 | 3:26 pm
    The Justice Department is seeking to change the rules to allow them to hack into computers of suspected criminals.Sounds like a good idea but we worry about their definition "criminals."For more information - http://pulse.me/s/Z0WvR
  • Coal Company and CEO Charged by SEC for False Disclosures About Management

    1 Apr 2014 | 3:25 pm
    Here is one type of case we don't see too often. The SEC has filed fraud charges against a Seattle-headquartered coal company and its founder for making false disclosures about who was running the company.The SEC's Enforcement Division alleges that L&L Energy Inc., which has all of its operations in China and Taiwan, created the false appearance that the company had a professional management team in place when in reality Dickson Lee was single-handedly controlling the company's operations. An L&L Energy annual report falsely listed Lee's brother as the CEO and a woman as the…
 
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    ArkansasAppeals.com

  • Future Obligations and Finality Problems: Nix v. Nix

    Andy Taylor
    25 Mar 2014 | 8:57 pm
    Nix v. Nix The Arkansas Court of Appeals recently handed down its decision in Nix v. Nix, 2014 Ark. App. 162.   Nix was a divorce case in which the husband appealed, arguing that the trial court had erred: (1) in finding that a car was his wife’s nonmarital property; and (2) in failing to equitably divide his pension payments.  The Arkansas Court of Appeals was not able to reach the merits of the husband’s arguments, however, because of a finality problem with the order. In Nix, the Arkansas Court of Appeals found two paragraphs in the divorce decree to be problematic.  The…
  • The Rule 54(b) Certificate Requirement of “Specific Factual Findings”: Billingsley v. Benton NWA Properties, LLC

    Andy Taylor
    12 Mar 2014 | 3:45 am
    As we have discussed previously, Rule 54(b) of the Arkansas Rules of Civil Procedure allows a court to issue a final judgment as to certain claims or parties (when multiple claims or parties are involved).  By doing so, the trial court makes it possible for the court’s rulings as to the specific claims or parties to be appealed before the other claims are heard.  This option is available “only upon an express determination, supported by specific factual findings, that there is no just reason for delay.” Ark. R. Civ. P. 54(b). Billingsley v. Benton NWA Properties, LLC In…
  • History Made with Arkansas’s First Majority-Female Supreme Court

    Tasha C. Taylor
    4 Mar 2014 | 8:18 am
    Judge Rhonda Wood’s Unopposed Election Leads to First Female-Majority Arkansas Supreme Court With the filing period officially closed and all judicial candidates announced, the Arkansas Supreme Court will, for the first time in history, be made up of a majority of female justices.  Court of Appeals Judge Rhonda Wood is running unopposed for Position 7 on the Arkansas Supreme Court, the seat being vacated by Justice Cliff Hoofman.  Justice Hoofman was appointed in 2012 by Governor Mike Beebe to fill the seat being vacated at that time by retiring Justice Robert L. Brown.  As an appointee,…
  • Little Rock Attorney Tim Cullen Announces Candidacy for Arkansas Supreme Court

    Tasha C. Taylor
    17 Feb 2014 | 7:59 am
    *Andy and I are excited to report that our good friend and mentor, Tim Cullen, has announced his candidacy for Arkansas Supreme Court.   I have known Tim for the past seven years, more than three of which were spent working with him and learning from him as an Associate Attorney at Cullen & Co., PLLC.  Andy also spent a year working with Tim at his firm.  Tim is an excellent attorney and advocate for his clients, and his yearspracticing primarily as an appellate attorney give him the experience needed to serve on the Arkansas Supreme Court. –Tasha Taylor The press release…
  • Another Post-Judgment Motion Cautionary Tale: Evangelical Lutheran Good Samaritan Society v. Kolesar

    Andy Taylor
    2 Jan 2014 | 8:18 am
    We have discussed the dangers of post-trial motions in a previous blog post.  In fact, in a CLE we presented to the Arkansas Trial Lawyers Association in 2011, we listed the filing of a post-trial motion as one of the “Top Five Ways to Wreck Your Next Appeal.”  Fellow blogger Tim Cullen recently discussed the same problem in a blog post discussing Virgil v. Morgan, 2013 Ark. App. 675, and also recommended avoiding post-trial motions unless absolutely necessary.  Now, Evangelical Lutheran Good Samaritan Society v. Kolesar, 2013 Ark. App. 723, gives us yet another reason to…
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    New Jersey Attorney Law Review Blog

  • New Limited Liability Company Statute Takes Effect on Existing LLCs Filed in New Jersey

    Glenn R. Reiser
    30 Mar 2014 | 11:15 am
      Effective April 1, 2014, all limited liability companies (“LLCs”) formed in New Jersey will be governed by the Revised Uniform Limited Liability Company Act, N.J.S.A. 42:2C-1 through N.J.S.A. 42:2C-17 (the “Revised Act”). The Revised Act became effective as to newly formed LLCs on March 18, 2013. Starting on April 1, 2014, the Revised Act applies to all previously existing LLCs filed in New Jersey.The Revised LLC Act differs from the predecessor limited liability company Act in several substantial respects, of which current operating LLCs and those individuals deciding whether…
  • Disqualification of Attorneys in Litigation Matters Pursuant to the Attorney-Witness Rule - RPC 3.7

    Glenn R. Reiser
    12 Mar 2014 | 2:03 pm
    In this post I examine the attorney witness rule incorporated in New Jersey Rule of Professional Conduct (“RPC”) 3.7, and how the Rule can be used to disqualify a lawyer representing a party in litigation when the lawyer possesses factual knowledge of contested issues that go to the heart of the case.  Because courts generally are reluctant to disqualify a party’s choice of counsel, a motion brought pursuant to RPC 3.7 requires the moving party to bear the burden of proof by demonstrating that the attorney’s continued representation would violate the Rule. J.G. Ries & Sons,…
  • Are a Litigant's Income Tax Returns Fair Game in Pretrial Discovery in Civil Cases?

    Glenn R. Reiser
    20 Dec 2013 | 12:28 pm
    Depending upon the claims and defenses raised in the context of a particular civil lawsuit, the information contained in a party’s business or personal income tax return may be a relevant area of inquiry for pretrial discovery. However, most taxpayers will not voluntarily surrender their tax returns simply because the information is being sought by the other side’s lawyer. To the contrary, a demand for production of income tax returns is often met with resistance. Thus, before seeking the production of an adversary litigant’s income tax returns as part of pretrial discovery demands,…
  • Voiding a New Jersey Real Estate Tax Foreclosure Judgment Due to Defective Service of Legal Process

    Glenn R. Reiser
    18 Nov 2013 | 7:22 am
    In New Jersey, a homeowner can lose his or her home for failure to pay real estate taxes to the town/city where the property is located.   Unlike mortgage foreclosure cases where the property is required to go to a judicial sale and the homeowner is given one final shot to save the home by “redeeming” or paying off the judgment within 10 days from the sale date, in tax foreclosure cases there is no judicial sale and the opportunity to redeem is thus lost once the final judgment is entered.  In other words, the entry of a final judgment in real estate tax foreclosure cases…
  • Home Improvement Contracts: The Nuts and Bolts of New Jersey's Regulatory Requirements

    Glenn R. Reiser
    23 May 2013 | 12:39 pm
    New Jersey has strict rules when it comes to home improvement contracts in excess of $500, the overriding purpose of which is to protect consumers from unscrupulous contractors.  The New Jersey Administrative Code § 13:45A-16.2(12)(i)-(vi) sets forth the requirements necessary in a home improvement contract.  A violation of these written requirements is a violation of the statute.N.J.A.C. 13:45A-16.2(12) states in pertinent part: All home improvement contracts for a purchase price in excess of $500, and all changes in the terms and conditions thereof shall be in…
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    Construction Law Musings- Richmond, VA

  • Construction Law Musings Hits the Beach

    Christopher G. Hill
    14 Apr 2014 | 6:00 am
    Construction Law Musings will be taking a break this week. Don’t worry, I’ll be back refreshed and ready to go after a nice relaxing beachfront vacation.  In the meantime, please check out the Guest Post Fridays, and explore the various pages of this blog. To all of you that read and subscribe to this corner of the internet, thanks for your continued readership.  I look forward to hearing from you on my return. As always, I welcome your comments below.  Please subscribe to keep up with this and other Construction Law Musings. Image via stock.xchng. © Construction Law…
  • Contractor Side Deals Can Waive Rights

    Christopher G. Hill
    9 Apr 2014 | 1:16 pm
    Originally posted 2010-03-22 09:00:00. Here at Construction Law Musings, we are quite fond of the Federal Miller Act and it’s Virginia counterpart, the “Little” Miller Act.  Both of these statutes allow a subcontractor or supplier on a government construction project the security to perform their work with the knowledge that a bonding company will back their claim for payment.  These acts are necessary because a construction company cannot file a mechanic’s lien on a government owned piece of property. As a general rule the Miller Acts impose almost strict liability on a contractor…
  • Some Construction Contract Basics- Necessities and Pitfalls

    Christopher G. Hill
    9 Apr 2014 | 1:16 pm
    Construction Work (Photo credit: gullevek) Recently, I’ve been on an “advising” kick here at Construction Law Musings.  My last two posts have been about communication and trusting your gut when it comes to a smooth construction project.  This post will be the third in the trilogy (and who knows maybe I’ll have a 4th and 5th like the Hitchhiker’s Guide to the Galaxy “trilogy”). While all construction contractors should use their communication skills and instincts to assure a smooth and hopefully profitable project, all of the gut following and great…
  • Trust Your Gut When Deciding Whether to Sign a Construction Contract

    Christopher G. Hill
    31 Mar 2014 | 6:00 am
    Construction Work (Photo credit: gullevek) Last week’s Construction Law Musings were about the need to communicate before, during and after a construction project.  This week, I continue my thoughts on some business practices that make my life as a construction attorney and adviser (not to mention your lives as construction professionals) easier and less stressful.  This week’s musing is a bit less legal and a bit more practical, namely, trust your instincts when deciding whether you want to work for the company or owner presenting you with a job or contract. I know, those of…
  • Small Business Marketing for Contractors

    Christopher G. Hill
    24 Mar 2014 | 9:05 am
    Originally posted 2009-11-27 09:00:07. For this week’s Guest Post Friday, Musings is  proud to welcome Jim Roman of the Business Owner’s Institute.  Jim is a friend and has been very helpful in growing my business, both as the owner of the Richmond BNI franchise and through his energy and enthusiasm.  He can be contacted at 804-938-TEAM (8326). Ever heard someone say: “My business just needs more business, we just need more exposure.” Inevitably, they may get more exposure, but often, no more business. Exposure is necessary, but it does not translate into more…
 
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    CAFA Law Blog

  • The Supreme Court’s Knowles Ruling Is Not “Other Paper” Within the Meaning of 28 U.S.C. 1446(b)(3)

    cafalawblog@mcglinchey.com (McGlinchey Stafford PLLC)
    8 Apr 2014 | 3:00 am
    Henry v. Michaels Stores, Inc., 2013 WL 2208070 (N.D. Ohio May 20, 2013). The District Court held that the Supreme Court’s recent opinion in Standard Fire Insurance Co. v. Knowles, 133 S. Ct. 1345 (2013), is not an “other paper,” which could make a previously un-removable case removable under 28 U.S.C §1446(b)(3). The plaintiff alleged that, although the defendant advertised that its products were discounted, the defendant never actually gave the discount. The plaintiff claimed this was a violation of the Ohio Consumer Sales Practices Act, Ohio Revised Code, breach of contract, unjust…
  • Is A Continuing Tort An “Event Or Occurence” Under CAFA’s Mass Action Provisions?

    cafalawblog@mcglinchey.com (McGlinchey Stafford PLLC)
    18 Mar 2014 | 12:40 pm
    Eleanor Abraham, et al v. St. Croix Renaissance, Group, L.L.L.P., 719 F.3d 270 (3d Cir. 2013). In this appeal, the Third Circuit held that CAFA’s phrase “an event or occurrence,” as it appears in the mass-action exclusion, is not limited to something that happened at a particular moment in time.  The plaintiffs, more than 500 Virgin Island residents, brought suit in the Superior Court of the Virgin Islands, asserting claims for abnormally dangerous condition, public nuisance, private nuisance, intentional infliction of emotional distress, negligent infliction of emotional distress, and…
  • Citizenship, not Residency bring cases to Federal Court

    cafalawblog@mcglinchey.com (McGlinchey Stafford PLLC)
    17 Mar 2014 | 3:00 am
    Villa v. United Site Servs. of California, Inc., 2013 WL 2436605 (N.D. Cal. June 4, 2013). District Judge Jon S. Tigar, writing for the Northern District of California remanded an action for failure to establish minimal diversity, holding that the relevant inquiry for determining whether minimal diversity exists is the citizenship of the parties, which was not proven by the defendant. The plaintiff brought an action alleging failure to provide rest breaks, to pay wages at the time of discharge, and to pay rest period premiums in violation of the California Labor Code.  The plaintiff sought…
  • Amount in Controversy adequately supported by Defendant’s Affidavit

    cafalawblog@mcglinchey.com (McGlinchey Stafford PLLC)
    14 Mar 2014 | 3:00 am
    Turnage v. Old Dominion Freight Line, Inc, 2013 WL 2950836 (N.D. Cal. June 14, 2013). The plaintiff, truck driver, brought a wage and hour action in violation of California Labor Code, and Industrial Welfare Commission Wage Orders.  The plaintiff also brought a representative claim under the Private Attorney General Act, and a cause of action for unlawful, deceptive, and unfair business practices under California Business & Professions Code § 17200.  The plaintiff alleged failure to provide meal and rest periods, to pay minimum wages, to pay wages in a timely manner, to provide…
  • Individual Claims are Immaterial because CAFA Aggregates the Class Claims

    cafalawblog@mcglinchey.com (McGlinchey Stafford PLLC)
    13 Mar 2014 | 3:00 am
    Stella v. Hertz Corp, 2013 WL 2456042 (S.D. Cal. June 5, 2013). Establishing that the named plaintiff’s individual claims exceeds $75,000 is immaterial to CAFA jurisdiction.  What is important under CAFA is that the claim of the class should exceed $5 million.  Because the defendant here did not establish CAFA requirements, a District Court in California remanded the action to state court.   The plaintiff, former non-exempt employee, brought an action in Alameda Superior Court, alleging failure to provide timely off-duty meal period to the defendant’s California non-exempt employees…
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    Lowering the Bar

  • Judge Posner Blasts Banana Lady

    Kevin
    15 Apr 2014 | 3:37 pm
    I'm a big fan of using images in briefs and opinions when that is appropriate, and it's hard to think of a more appropriate case than one involving a lady in a banana suit. The specific case I'm thinking of (in case there are more than one) is Conrad v. AM Community Credit Union, decided on April 14 by the U.S. Court of Appeals for the Seventh Circuit (Chicago Tribune; thanks, Tom). Those of you who know something about that circuit won't be too surprised to know the opinion was written by Judge Richard Posner, one of the nation's best legal writers and a man not afraid to stick a…
  • Abnormal Use Reviews My Book; Crayons Involved Again

    Kevin
    15 Apr 2014 | 11:45 am
    Thanks to Jim Dedman and the others at the award-winning products-liability blog Abnormal Use for reviewing The Emergency Sasquatch Ordinance, with a special thanks to Batten Farrar for his expert rendition of the cover. This is the second time crayons have been used to recreate it, and that seems entirely appropriate. Also appropriate is the review's focus on the laws of the Carolinas, where their firm (Gallivan, White & Boyd) is located and which provided lots of material for the book. North Carolina's rattlesnake-milking tax was actually considered for the title spot,…
  • Get a Smell at These Emails

    Kevin
    15 Apr 2014 | 11:08 am
    This isn't strictly law-related, except that the point of these emails seem to be to drive traffic to some terrible law-related site. But I'm going to make an exception here. If you write a blog you will, at some point, start to get spam (or at least I think it's all spam) asking whether you accept "guest posts." I don't, but if I did I would probably try to ensure that the guest poster knew something about the language in which I post (English). I would think others would do this as well, which is why it seems strange that so many of these spam emails purporting to be from guest writers are…
  • Peeps in Law Contest: Voting is Open

    Kevin
    15 Apr 2014 | 5:30 am
    I previously mentioned the ABA Journal's "Peeps in Law" diorama contest, but now all the entries are in and the voting is underway. Clearly the best entry this year was "The Emergency Peepsquatch Ordinance," by Lee Rawles: Unfortunately for these two hunters, in 1969 Skamania County, Wash., made the "premeditated, willful and wanton slaying" of a sasquatch, yeti, bigfoot or "Giant Hairy Ape" a felony punishable by a $10,000 fine and up to five years in prison. It's not one of the eight finalists, which can only mean it was disqualified because (1) Lee is an ABA employee (she interviewed…
  • Neighborhood Bully Sentenced to a Day of Taunting

    Kevin
    14 Apr 2014 | 11:23 am
    Also 15 days in jail, seven months of probation, 100 hours of community service, an apology letter, anger-management classes and mental-health counseling, but the day of taunting is the amusing part. Photo by Lynn Ischay for the Plain Dealer The Cleveland Plain Dealer reported that Edmond Aviv was sentenced to hold the "I AM A BULLY" sign after he pleaded no contest to a charge of disorderly conduct. Aviv has allegedly been harassing his next-door neighbor, Sandra Prugh, and her family for the past 15 years, and this is the fourth time he has been convicted of…
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    Ohio Family Law Blog

  • Divorce: Addressing High Conflict Cases – Tips and Strategies

    Anne Shale
    12 Apr 2014 | 3:02 am
    High Conflict Divorce Tied With High Conflict Personalities According To Therapists On March 24th, 2014, I traveled from Dayton, Ohio to Mason, Ohio to interview Brenda Patton, Therapist, Parenting Coordinator, and Mediator for The Counseling and Cooperative Parenting Center of Ohio, LLC, also known as “CCPC – Ohio”.  Initially, I was interested in interviewing a spokesperson of this Parenting Center as they were a “private” entity providing supervised visitation or supervised parenting time for families in Montgomery, Warren, and Hamilton Counties. When I learned that the…
  • Custody Issues: How To Avoid International Child Abduction

    Guest Contributor, Judianne Cochran
    5 Apr 2014 | 2:38 am
    Important Custody Steps to Take to Avoid Child Abduction Overseas Strong Custody Prevention Key In Avoiding International Child Abduction Our guest contributor this week is Judianne Cochran a nationally recognized expert/consultant in the following disciplines: sex offender profiling; interstate and international parental abduction; interstate custody and parental alienation. She has testified in numerous Courts throughout Ohio and the country. Judi presently resides in Columbus, Ohio. This is a follow-up article to Parental Abduction: Prevention and Remedies posted by Judi on October 31,…
  • Supervised Visitation and the Role of Human Service Departments

    Guest Contributor, Daniel Pollack
    29 Mar 2014 | 12:43 am
    What Are The Basic Types And Goals Of Supervised Visitation? Supervised child visitation can be indicated in cases involving custody; shared parenting; grandparent custody or visitation; divorce; legal separation; post-decree matters; emergency custody situations; abuse/neglect/dependency cases; concerns about parental abduction; and, reintroduction of a parent after a long absence. Child visitation can be restricted or denied if a court finds that allowing regular visitation would endanger a child’s physical or emotional health.  In numerous situations, courts may order child…
  • Custody Case Change – The Requirements

    Robert L. Mues
    22 Mar 2014 | 1:16 am
    What Legal Requirements Must Be Established For A Custody Case Change In Ohio? This is a follow-up article to guest contributor Judianne Cochran’s post of March 1, 2014 titled “Custody Issues: Post-Decree Modification in Ohio”. In that article Judi focused primarily on the importance of hiring a seasoned family law lawyer that frequently litigates post-decree custody matters.  In this article I want to discuss the legal requirements that must be provided to be successful in a change of custody case. If you are looking to modify your divorce decree, one of the first major obstacles you…
  • Breaking Bad Habits: If Your Resolutions Are Slipping Away

    Guest Contributor Donna F. Ferber, LPC, LADC
    15 Mar 2014 | 12:08 am
    Research shows that most people have given up on their New Year’s Resolutions by the third week of January. Here are a couple of tips that might help you beat the odds and reach your goal. Refocus – When the urge/craving comes on for that chocolate éclair, glass of wine, or fabulous new boots, refocusing your thoughts can go a long way in helping you slow down those urges. How does this work? Think of it as procrastination for a good cause. Most of us can find a gazillion other things to focus on instead of, say, cleaning the bathroom or doing our taxes. Refocus is simply shifting…
 
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    3 Geeks and a Law Blog

  • So, What Is Wrong With Law Firm Libraries Today?

    15 Apr 2014 | 10:27 am
    There was an interesting question asked on Twitter this morning by Patrick DiDomenico (apparently preparing for an ITLA presentation on the topic.) At first blush, it seemed to be phrased a bit on the negative side, but it really is something that those of us in law firm libraries do need to ask from time to time. "Tell me what's wrong with law firm libraries today." This isn't about bashing Patrick for asking the question, quite the opposite actually. It is a legitimate question to ask. This is more about addressing what is wrong, while also addressing what is right in law firm…
  • Six New Geeks!

    1 Apr 2014 | 1:00 am
    Before reading this post, please take note of the date it was published. :-) You have probably noticed that for the last several years, the 3 Geeks have actually been 4 regular geeks and a slew of occasional contributors.  When Ryan came on as a regular geek, we briefly considered changing the name of the site to 4 Geeks and a Law Blog, or maybe just The Geek Law Blog. One of us, and I'm not naming names, lobbied pretty hard for Toby Brown and the 3 Geeks Blog.  Needless to say, we decided that 3 Geeks was a successful brand on its own and we would keep the name no matter how many…
  • Congratulations NRF OCOTY!

    27 Mar 2014 | 4:21 am
    As a general rule, we don't mention many law firms by name on this blog. On the rare occasions that we do, it's usually because they've done something stupid, or illegal, or they've gone out of business and it's plastered all over the main stream news sites and the rest of the blawgosphere. As a very specific, and very self-preserving rule, we NEVER mention our own firms by name. No one wants an irate CMO as their mortal nemesis. But once in a great while (never before that I can recall), a firm does something so positive, so remarkable, so worthy of praise, that to not acknowledge it…
  • NoCALL Spring Institute Recap

    26 Mar 2014 | 8:44 am
    Navigating Rough Seas: Charting a Course for Success This past weekend, I had the opportunity to attend and speak at the annual NoCALL Spring Institute. This year the event was held in San Francisco at a hotel right off Union Square. It was a great opportunity to network with colleagues and friends, as well as, learning from one another through the fabulous programs. I usually tweet during conferences as a way to keep my notes organized and accessible, but I forgot my laptop power cord, so I had to go the old-fashioned route and take notes with pen and paper. Egad! I wanted to share some of…
  • Former Reporter Named California State Librarian

    25 Mar 2014 | 3:36 pm
    A headline just crossed my desk from the Sacramento Bee:  "Brown Appoints Former Reporter Lucas as State Librarian" Deep Breath...  A manager of one of the most important library systems in California without any apparent professional library managerial experience? I am concerned that the Governor of California has placed the stewardship of the State Library in the hands of someone without any professional library experience.  I could be wrong.  If there is any information I have missed, please let me know in the comments section below. This item…
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    The High-touch Legal Services® Blog...for Startups!

  • Kickstarter Rejects Foreign Entrepreneurs

    Dana
    14 Apr 2014 | 4:24 pm
    Kickstarter is a funding platform for creative projects. Recently, I have seen a surge of interest among foreign companies wishing to set up Kickstarter projects in the US. This post discusses the challenges those companies will face. Kickstarter Creator Requirements Kickstarter has the following creator requirements in the US: You are 18 years of age or older. You are a permanent US resident with a Social Security Number (or EIN). You have a US address, US bank account, and US state-issued ID (driver’s license). You have a major credit or debit card. Requirement #1 (the creator must be an…
  • Must a Corporation Issue All Authorized Shares?

    Dana
    1 Apr 2014 | 5:58 pm
    Sample Stock Transfer Ledger This post is based on a conversation I had with a foreign client recently. Q. Must a corporation issue all authorized shares? A. No, a corporate may, but it does not need to, issue all authorized shares. Foreign Parent Audit This question arose because my foreign client was being audited. The auditors thought that they had uncovered a problem. In my client’s home country, the equivalent of a corporation must issue all authorized shares. As a result, the auditors – thus my client’s CFO – assumed there was a problem because the client’s…
  • Virtual Office Choices when You Need a Physical Address

    Dana
    27 Mar 2014 | 11:14 am
    Many of my startup clients begin with a virtual office, rather than a physical facility. They do this for convenience and to save money – or because the client is located outside the U.S. Sometimes, however, a physical address is required. This post discusses commonly-used physical address alternatives. Definition of Virtual Office The term virtual office can have different meanings in different contexts. For this post, I am using the definition of virtual office provided by Investopedia: A business location that exists only in cyberspace. Need for a Physical Address While a Postal…
  • Patent Licensee: Have a Track Record if You Want to Succeed

    Dana
    26 Mar 2014 | 12:43 pm
    This post is adapted from my answer to a Quora question from a prospective patent licensee. Q. How do I propose a licensing agreement with a patent holder? A. In my experience, the most important thing that a prospective patent licensee needs to bring to the table is a successful track record. Assurance from Patent Licensee The patent holder wants assurance that the licensee will sell lots of product. That way, the holder / licensor will receive lots of royalties. The best source of that assurance is provable, past success of the patent licensee. If the patent licensee can show that it has…
  • Harvard Business Services Joins Hall of Shame

    Dana
    25 Mar 2014 | 11:17 am
    Harvard Business Services, Inc. has joined this blog’s Hall of Shame. Prior to retaining me, one of my international clients used Harvard Business Services to form a Delaware corporation. During that process, HBS made two significant mistakes that I had to fix. Harvard Business Services Mistakes First, the Certificate of Incorporation stated that the corporation was authorized to issue shares “having a par value of $ 0 per share.” A par value of $0 makes no sense for the following reasons. Par value is the minimum amount a shareholder must pay to acquire shares. So, with a…
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    ITC Law Blog

  • ALJ Bullock Grants Motion To Terminate Investigation In Certain Ground Fault Circuit Interrupters (337-TA-739)

    Eric Schweibenz
    16 Apr 2014 | 5:01 pm
    On April 15, 2014, Chief ALJ Charles E. Bullock issued Order No.  88 in Certain Ground Fault Circuit Interrupters and Products Containing Same (Inv. No. 337-TA-739). By way of background, the original investigation was based on an October 8, 2010 complaint filed by Leviton Manufacturing Co., Inc. (“Leviton”) alleging violations of section 337 in the importation and/or sale of certain ground fault circuit interrupters (“GFCIs”) that infringe, among other patents, U.S. Patent No. 7,737,809.  The ITC issued cease and desist orders against numerous defaulting respondents, including…
  • ALJ Lord Sets 16-Month Target Date In Certain Sulfentrazone (337-TA-914)

    Eric Schweibenz
    16 Apr 2014 | 4:51 pm
    On April 15, 2014, ALJ Dee Lord issued Order No. 3 in Certain Sulfentrazone, Sulfentrazone Compositions, and Processes for Making Sulfentrazone (Inv. No. 337-TA-914). By way of background, this investigation is based on a March 5, 2014 complaint filed by FMC Corp. alleging violation of Section 337 in the importation into the U.S. and sale of certain certain sulfentrazone active ingredient and formulated sulfentrazone compositions made by a process that infringes one or more claims of U.S. Patent No. 7,169,952 (the ‘952 patent).  See our March 6, 2014 and April 11, 2014 posts for more…
  • ALJ Gildea Rules On Motion to Compel And/Or Strike In Certain Silicon Microphone Packages (337-TA-888)

    Eric Schweibenz
    16 Apr 2014 | 4:41 pm
    On April 10, 2014, ALJ E. James Gildea issued the public version of Order No. 29 (dated March 20, 2014) granting in part Complainant’s motion to compel and/or strike in Certain Silicon Microphone Packages and Products Containing Same (Inv. No. 337-TA-888). By way of background, the Commission instituted this investigation on July 23, 2013 based on a complaint filed by Knowles Electronics, LLC (“Knowles”) alleging a violation of Section 337 by Respondents GoerTek, Inc. and GoerTek Electronics, Inc. (collectively, “GoerTek”) in the importation into the U.S. and sale of certain silicon…
  • ITC Issues Public Version Of Opinion In Certain Audiovisual Components (337-TA-837)

    Eric Schweibenz
    15 Apr 2014 | 2:46 pm
    On March 26, 2014, the International Trade Commission (the “Commission”) issued the public version of its opinion finding no violation of Section 337 in Certain Audiovisual Components and Products Containing the Same (Inv. No. 337-TA-837).  By way of background, the investigation is based on a March 2, 2012 complaint filed by LSI Corporation and its subsidiary Agere Systems Inc. (collectively, “LSI”) alleging violation of Section 337 with regard to certain audiovisual components and products containing the same including certain digital televisions, Blu-ray disc players, home theater…
  • ITC Finds Violation of Section 337, Issues A Limited Exclusion Order, And Terminates Investigation In Certain Encapsulated Integrated Circuit Devices (337-TA-501)

    Eric Schweibenz
    14 Apr 2014 | 9:13 am
    On April 4, 2014, the International Trade Commission (the “Commission”) issued a notice in Certain Encapsulated Integrated Circuit Devices and Products Containing Same (Inv. No. 337-TA-501).  In the notice, the Commission found a violation of Section 337 by Respondents Carsem (M) SdnBhd, Carsem Semiconductor Sdn Bhd, and Carsem, Inc. (collectively, “Carsem”).  The Commission issued a limited exclusion order and terminated the investigation. By way of background, the Commission instituted an investigation based on a complaint filed by Amkor Technology Inc. (“Amkor”), alleging the…
 
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    Gamso - For the Defense

  • And Tell Sad Stories of the Death of Kings

    16 Apr 2014 | 10:52 pm
    Shakespeare's Richard II, feeling sorry for himself, recognizing that his situation is hopeless and he will shortly be deposed:For God's sake, let us sit upon the groundAnd tell sad stories of the death of kings;How some have been deposed; some slain in war,Some haunted by the ghosts they have deposed;Some poison'd by their wives: some sleeping kill'd;All murder'd: for within the hollow crownThat rounds the mortal temples of a kingKeeps Death his court and there the antic sits,Scoffing his state and grinning at his pomp,Allowing him a breath, a little scene,To monarchize, be fear'd and kill…
  • What We Do Is Who We Are

    11 Apr 2014 | 9:46 pm
    If you read this blog with anything even close to regularity, you know that I'm an atheist and also that I'm a serious believer in mercy and grace.  And you also know that I marvel at forgiveness.  Perhaps it's that combination of things that drew me to this column by Giles Fraser in the Guardian. Fraser is, the Guardian tells us, "priest-in-charge at St Mary's Newington in south London and the former canon chancellor of St Paul's Cathedral."  But really, I don't care about his titles or his job. What I'm intrigued by is the idea.  We think about forgiveness wrong.We…
  • It's Not Just a Procedure, It's Due Process

    10 Apr 2014 | 10:58 pm
    Not long after I moved to Toledo from Texas, I was talking with a judge in his chambers.  He'd been a judge for a long time, I was new to town.  Neither of us knew much of anything about the other.  We'd just met and were feeling each other out.  Are you, he asked, more in the due process camp or the finality camp?I'm a criminal defense lawyer.  We're congenitally opposed to finality.  Judges, though, are different. They have different views, approach things each in her own way.This judge knew all of that perfectly well.  He wasn't really asking where I fell…
  • Stoping 'Em Before They Violate the Constitution

    9 Apr 2014 | 6:19 am
    There you were, driving down the street, minding your own business when you see the disco lights in your rear-view mirror. Shit.You pull over, hand the cop your license and registration.  Give proof of insurance.  He explains that you were violating some provision or other of the traffic code.  And, oh, do you happen to have any illegal drugs in the car?Next thing you know there's a dog wandering around your car, then your stuff is being piled up on the side of the highway, a couple of high fives between the cop who stopped you and the one who came by with the dog, and…
  • If You Broke It, You Should Pay for It

    5 Apr 2014 | 5:37 am
    Dog-bites-man news from the Times:  They won't be pardoning Cameron Todd Willingham anytime soon.* What?  You thought they would?  You thought that Texas would admit that his conviction, death sentence, and execution for a crime that did not occur was a horrible - even if an understandable - mistake?  You thought Rick Perry's parole board would acknowledge that he wasn't a minister of justice when he signed off on Willingham's killing while the evidence that there was no crime (and therefore, duh, no criminal) was right in front of him?  You thought they'd say…
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    Virtual Marketing Officer

  • Breakthrough Secret Exposed: Use these five steps to increase blog ROI

    Jayne Navarre
    15 Apr 2014 | 4:41 pm
    While teaching at Purdue University in the 1930s, professor Alan H. Monroe developed a handy way to organize sales presentations. It was so handy that the approach was eventually coined “The Monroe Motivated Sequence.” Widely used over the years, his sequence provides a proven outline for action and intent—one that any blogger, but especially law bloggers looking for ROI, will find beneficial. If you are like many blawgers (attorneys blogging about the law) that I speak to, you are probably feeling that the drag between the time invested in writing posts and realizing any return is…
  • Gamify Your Web Analytics: A Low Calorie Program For Law Firm Marketers | Part I

    Jayne Navarre
    14 Mar 2014 | 2:17 pm
    2013 will be remembered for many things but for those of us tethered to a sedentary routine—sitting in front of a computer—2013 may be remembered as the year of the “fitness tracker.” In a nutshell—or a fob, wrist band or wearable disc—high-tech fitness trackers measure everything from overall movement and exercise to diet and even sleep patterns. Fashionable or sporty, these futuristic devices can be worn on your waist, dropped in your pocket, clipped to a lapel, or strapped to your wrist or ankle. They work with smart phone apps and websites to help you set goals, then motivate…
  • Blogs Are Social Media. (Law) Bloggers Should Be More Social.

    Jayne Navarre
    16 Jan 2014 | 2:34 pm
    Okay, I’ll admit it. I’m a slacker. In 2013, I added only 10 posts to my blog. But I have lots of entertaining excuses (see below). Surprising to me, despite my slacker status the traffic to my blog has remained respectable. Not surprisingly, that statistic is meaningless. I have lost a valuable connection with readers—I stopped being social. And that is all that is really important. Exactly the reason why I needed to reboot. (1) A blogger without social connection is simply a writer with a public, online article database/archive. My Perfect Storm It all began sometime in early…
  • Discovering Client Service

    Jayne Navarre
    30 Sep 2013 | 9:56 am
    Why do law firms struggle with client satisfaction? Perhaps it is because often times the work a lawyer does has such terribly high stakes—results can make or break businesses, personal lives, or financial well-being—and thus make or break client satisfaction? Or, it probably doesn’t help much that the profession’s reputation precedes them—as a whole they are known for over-priced services and low client satisfaction. (Value is in the eye of the beholder!) But law firms have tried to fix things. To satisfy clients they create new offerings, concoct unique features, switch up…
  • The College of Law Practice Management Futures Conference

    Jayne Navarre
    20 Sep 2013 | 8:07 am
    For Immediate Release The College of Law Practice Management Futures Conference Adopts a TED Talk Format Chicago, Illinois – August 19, 2013 – College of Law Practice Management conference organizers have released the agenda for the upcoming Futures Conference.  Held in Chicago at the Chicago-Kent College of Law (a co-presenter of the program) campus on October 4-5, 2013, this highly interactive conference on the future of law will feature keynote speaker Stephen Mayson, Director and Professor of Strategy, Legal Services Institute, London. Other highlighted TED legal industry…
 
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    Internet Television Law Blog

  • News Roundup - March 2014

    31 Mar 2014 | 5:49 pm
    General blocking orders to discourage copyright infringing content allowed but ISPs can choose how to comply, rules CJEUUK copyright law changes brought before parliamentUK cops: Keep yer golden doubloons, ad folk. Yon websites belong ta PIRATES“Pirates Are The Movie Industry’s Most Valuable Customers”
  • News Roundup - February 2014

    28 Feb 2014 | 5:00 pm
    Linking to freely accessible copyrighted content without permission not an act of infringement, rules CJEUTV viewing figures show Brits prefer traditional sets over smartphonesScary UFC Copyright Propaganda Matters to EveryoneMost Europeans Download and Stream Pirated Movies Australian Government Signals Online Piracy Crackdown Nintendo Wants to Block Pirate Websites and Punish Game PiratesGoogle Refuses to Remove Links to Tarantino’s Leaked Script
  • News Roundup - January 2014

    31 Jan 2014 | 7:25 pm
    'Netflix bitch': CEO of vid-streaming site taunts HBO chief over resultsChina cuffs 60,000 pirates in 2013 crackdownGoogle, Netflix ready next weapon in net neutrality battle: The fury of millionsThe internet is 'a gift from God' says Pope FrancisA BBC-by-subscription 'would be richer', MPs toldAnti-copyright infringement measures do not prevent the sale of ‘circumvention’ devices that have significant alternative uses, says top EU courtIn Britain and especially abroad, ebooks are boomingUK Considers Throwing Persistent Internet Pirates in JailMystery as HarperCollins Hits Apple With…
  • News Roundup - December 2013

    31 Dec 2013 | 6:36 pm
    Pirate Bay Uploads Surge 50% in a Year, Despite Anti-Piracy EffortsAdvertising bodies commit to measures designed to stop placement of ads next to illegal contentUK copyright reforms to take effect in April 2014Copyright Monopoly Disintegration Inevitable As It Only Takes A Single Country
  • News Roundup - November 2013

    30 Nov 2013 | 5:07 pm
    UK.gov's web filtering mission creep: Now it plans to block 'extremist' websitesGoogle in Dutch: Privacy changes BREAK data law, says NetherlandsLooks like Google may ask you to PAY for YouTube music - reportWhat Piracy? Removing DRM Boosts Music Sales by 10 Percent MPAA Banned From Using Piracy and Theft Terms in Hotfile Trial Court Orders Google, Microsoft & Yahoo to Make Pirate Sites DisappearLinking to infringing material may not on its own be an act of copyright infringement, says UK judgeIOC Demands 2014 Olympics Piracy Takedowns & Blocks “Within Minutes”How to…
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    Bitter Lawyer

  • Lawyer Receives Prestigious Award for Tweeting Excellence

    Gregory Luce
    16 Apr 2014 | 8:28 am
    An Alabama lawyer has received a top legal award for professional excellence because of his extensive tweeting, a bar association trade magazine reported Wednesday. Carl Malmquist, who tweets under the handle “AlaAtty4u,” provides off-color legal commentary about ERISA law and legal tech. He also live-tweets dramatic re-readings of historic U.S. Supreme Court opinions. His live-tweeting of the Toledo ERISA Law Conference earlier in the year was widely praised for its accuracy, wit, and social media vision. “We felt Mr. Malmquist really humanized all lawyers, especially ERISA lawyers,…
  • 5 Obsolete Legal Technologies that Shouldn’t Be Obsolete

    C. Hank Peters
    27 Mar 2014 | 8:36 am
    Lawyerist, which happens to be live-blogging some nerd confab in Illinois at the moment, recently admitted it doesn’t use quill pens or mimeographs anymore. More disappointingly, it came up with a somewhat blasphemous list of six legal technologies that should go the way of the Dodo bird, like the copier, fax machine, Dictaphone, and typewriter. Whatever. Except for the copier (which is too complicated for my liking), I use each one of these—and others, like the paperweight—in my practice and advise lawyers to do do the same. Why? We’ve moved far away from our…
  • Top Lawyer Ads & Stuff on Flickr

    Gregory Luce
    25 Mar 2014 | 8:52 am
    Where else can you find a multitasking lighter and beer opener than in Vegas? If Nevada lawyer and Half Price founder Adam Stokes has his way, you should see Half Price Lawyers franchises, lighters, and bottler openers not only in Vegas but also just down the street from you. Maybe you’ve already seen the billboards? As the ABA Journal earlier reported about Stokes’s discount law firm model: On any given day more than a dozen experienced lawyers, both staff and contract, help churn cases through Half Price Lawyers’ doors in a fashion Stokes proudly likens to a factory production…
  • Are Tattoos Replacing Lawyer Business Cards?

    Gregory Luce
    5 Mar 2014 | 11:42 am
    As a practical legal futurist, I’m paid a paltry sum to predict things. But I typically do better than the schleps over at legal marketing and technology blog Lawyerist, who posed this question a while back: Lawyers, Is It Time to Toss Your Business Cards? First of all, the answer is yes. Just yes—most competent lawyers already knew this. But, unlike the novitiates over at Lawyerist, it’s not because of AOL, Quora, and other more passe social media like Twitter and Bitcoiner. It’s because of a recent shift in focusing on “uber” social media, which combines…
  • Bitter Lawyer’s Quick Guide to Bitters

    The Boozy Beggar
    27 Feb 2014 | 6:14 am
    Once upon a time, to ask for a cocktail meant to ask for a spirit of your choice, mixed with water, sugar, and bitters. All three worked to balance and enhance the spirit lying underneath, awakening and taming it’s flavor, showing off it’s strengths, hiding its weaknesses. Now we just call this an Old-Fashioned, as in the old way of making cocktails, but bitters still play an essential role. Too sweet, too boozy, too bitter, too dry, and no one wants a second—or to finish the glass. Bitters are a main component in finding the balance. Their use slowly faded away until finally it…
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    Rochester Bankruptcy and Debt Relief

  • Creditors’s Responsibilities After Bankruptcy Filing

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

    alexkorotkin
    23 Mar 2014 | 6:50 pm
    In Chapter 7 bankruptcy cases where debtors have nonexempt assets, debtors have an obligation to transfer those assets to the bankruptcy trustee. It is very common for such assets to be debtors’ tax refunds. In this situation, at the meeting of the creditors, debtors are asked to sign a stipulation which is usually incorporated into a subsequent court order, agreeing to turn nonexempt tax refunds, or a part of them, to the bankruptcy trustee.  If debtors do not do so, they are subject to serious consequences which may include loss of their discharge, contempt of court or monetary…
  • Chapter 13 Bankruptcy, Co-Debtors and Automatic Stay

    alexkorotkin
    2 Feb 2014 | 1:35 pm
    I am often asked if automatic stay in bankruptcy will protect debtor’s cosigner, otherwise known as co-debtors, from creditors.  The answer to that question depends on a number of factors and the type of bankruptcy filed. Typically, cosigner liability comes into being after debtor’s friend or relative was asked to cosign a loan, so that debtor could obtain credit. If the debtor is forced to file a bankruptcy sometime thereafter, the following is likely to occur. In order for the automatic stay provided by 11 U.S.C. §1301 to protect the co-debtor, the debtor must file a Chapter…
  • Fraudulent Conveyances and Bankruptcy

    alexkorotkin
    26 Oct 2013 | 8:02 pm
    One of the issues that represents a significant problems for bankruptcy attorneys is that of fraudulent conveyances.  Generally, a fraudulent conveyance is a transfer of money or property from a debtor to someone or something else when either (1) the debtor intends to defraud creditors, or (2) the debtor received less than a reasonably equivalent value in exchange for the transfer, and made it while insolvent. For example, if a husband transfers his house out of his name to the wife so his creditors wouldn’t get it, the transfer is a fraudulent conveyance. Such transfers can create quite a…
  • Homestead Exemption and Multi-Family Residences in New York

    alexkorotkin
    2 Sep 2013 | 6:59 pm
    Once in a while, I represent debtors who own a multi-family properties. In the past, the local Rochester rule has been to allocate the homestead exemption solely to the portion of the property that is used as the debtor’s residence. However, in In re McCarthy; W.D.N.Y. Bk #11-31499, Syracuse Bankruptcy Court Judge Margaret Cangilos-Ruiz has ruled that a bankruptcy debtor can claim a homestead exemption in Chapter 7 bankruptcy on an entire parcel or residential property, even if the debtor only resides in part of the property. In McCarthy, the debtor owned property containing a two…
 
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    The Jury Room

  • A new neurolaw caveat to minimize punishment

    Douglas Keene
    14 Apr 2014 | 4:02 am
    Just say his brain made him do it! That is the conclusion of new research on the relationship between gruesomeness of the crime and the harshness of the sentence. In case you can’t intuit this one, the more gruesome (and disturbing) the crime, the harsher the sentence tends to be. But if the assault was merely moderately gruesome — even though it could have been deadly– there are ways to minimize punishment decisions.  Researchers at Duke University found that “if the focus is drawn away from the mind of a perpetrator by providing biological explanations of personality…
  • Smiling and credibility: Is it different for male and female witnesses at trial?

    Rita Handrich
    11 Apr 2014 | 4:02 am
    Women smile more than men. Men are typically seen as more credible than women. So these researchers decided to see if there was a relationship between smiling and assessments of credibility on actual witnesses in the courtroom.  The researchers used the Witness Credibility Scale to assess actual witnesses overall credibility. They thought that if smiling influenced observer evaluations of likability, confidence, trustworthiness and knowledge (the facets of credibility measured by the Witness Credibility Scale) then smiling could influence witness credibility. So off to the courtroom they…
  • Too trusting? You are likely also cursed with intelligence and good judgment!

    Douglas Keene
    9 Apr 2014 | 4:02 am
    We often associate people who are especially trusting with gullibility, low self-esteem, and lower intellectual function. However, we seem to have it backwards according to new research (which successfully replicates the results of studies from 2010 and 2012).  Intelligent people are more likely to trust others while those lower in intelligence are less likely to be as trusting. The authors think it is due to intelligent people being better at judging character and thus befriending those less likely to betray them. Our take is that while they may or may not be better, they appear to have…
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    Karl Bayer's Disputing Blog

  • Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part V

    Renee Kolar
    16 Apr 2014 | 5:30 am
     Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part V  Part I | Part II | Part III | Part IV By: Burkley Wombwell V. Pros and Cons of ODR; Current Issues and Perspectives The rise of Online Dispute Resolution has lead to some debate over its effectiveness and the benefits of its use. According to some scholars, computer-mediated communication (CMC), which is inextricably linked with ODR, facilitates the interaction process through the use of computers; however, with e-negotiation, for example, it is also believed that [CMC] can undercut the effectiveness of…
  • Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part IV

    Renee Kolar
    15 Apr 2014 | 5:30 am
    Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part IV Part I | Part II | Part III | Part V By: Burkley Wombwell IV. ODR in the International Context While ODR has its roots in North America,[1] the process is taking off internationally. Scholars have written articles on the expansion of ODR in Europe, Australia, Asia, Latin America, and Africa.[2] A big draw for ODR is its ability to solve disputes despite vast geographical distances, making it a prime candidate for the resolution of international disputes. Much of the focus devoted to ODR by providers has been on…
  • Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part III

    Renee Kolar
    14 Apr 2014 | 5:30 am
    Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part III  Part I | Part II | Part IV | Part V By: Burkley Wombwell III. Providers of Online Dispute Resolution Online Dispute Resolution, naturally, exists online. Attempting a general Internet search for ODR providers will provide a potentially overwhelming amount of results. Currently, over 60 academically recognized ORD providers exist.[1] Fair consideration cannot be given to each provider of online dispute resolution, but an examination of a few examples reveals how the process operates. Major Arbitration Providers…
  • Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part II

    Renee Kolar
    11 Apr 2014 | 5:30 am
    Online Dispute Resolution:  An Amorphous Concept, Yet An Effective Tool Part II Part I | Part III | Part IV | Part V By: Burkley Wombwell II.  What is online dispute resolution? Online Dispute Resolution means exactly what it says: it is a method of resolving disputes through the use of an “online” system (the Internet). However, there is some ambiguity as to what this could entail. Does it refer to the resolution of disputes that were born online? Conducting ADR on the Internet? A combination of traditional ADR methods and online technology to resolve issues? ODR is still evolving,…
  • Fifth Circuit Holds Issue of Arbitrability Must be Decided by an Arbitrator in Pharmacy Dispute

    Beth Graham
    10 Apr 2014 | 6:27 am
    The United States Court of Appeals for the Fifth Circuit has ordered that a dispute between numerous independent pharmacies and CVS Caremark Corporation and three of the company’s related business entities (“CVS”) be submitted to arbitration.  In Crawford Professional Drugs, et al. v. CVS Caremark Corp., et al., No. 12-60922 (5th Cir. April 4, 2014), 23 drugstores that  participated in a pharmacy benefit-management network offered by CVS claim the corporation inappropriately used patient information obtained through the program to entice pharmacy customers away from them. Although the…
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    South Florida Lawyers

  • What Is a Shotgun Pleading, Truly?

    South Florida Lawyers
    17 Apr 2014 | 8:32 am
    Longtimers know our affinity for shotgun pleadings, but let's get metaphysical for a moment -- what are they, really?Is it just when you incorporate all prior allegations into each count, or is there something "more" to a shotgun pleading?Perhaps something essential to its shotgun nature, something at its core that screams: this complaint is a mess. Judge Marra weighs in on this interesting philosophical debate:The Court begins by noting that the Amended Complaint does not constitute a shotgun pleading. Indeed, in those cases, it is “virtually impossible to know which allegations of fact…
  • Go West, Young Man!

    Guest Blogger
    16 Apr 2014 | 12:45 pm
    And we're not talking Naples/Ft. Myers.From the Intrepid One ©Carlton Fields Jorden Burt has opened an office in Los Angeles—its 11th nationally—with two shareholders from Steptoe and Johnson.In a statement, firm president and CEO Gary Sasso said the firm's class action defense practice drove it to open an office in Los Angeles, noting many of those cases are filed there."We have substantial clients, cases and transactions in California, so opening an office in Los Angeles is a natural progression of our growth," he stated.Good luck with that!N.B.: In 1865, American author Horace…
  • 3d DCA Watch -- Somebody Got the Kozel Factors Right!

    South Florida Lawyers
    16 Apr 2014 | 8:37 am
    Could this be a first in our multi-year coverage of the bunker?A trial court getting the Kozel factors right, and properly applying them?Following the hearing on the motion, the court announced its findings on the record and rendered an order which thoughtfully analyzed and applied the requisite factors under Kozel v. Ostendorf, 629 So. 2d 817 (Fla. 1993). The record contains competent substantial evidence to support the trial court’s order of dismissal, and we find no abuse of discretion.Yes, Virginia, there is a Judge Abby Cynamon!(She's running for reelection btw -- help her out.)Five…
  • Read the Bar Complaint Against Maria Elena Perez.

    South Florida Lawyers
    15 Apr 2014 | 7:37 am
    Here is the formal bar complaint against Maria Elena Perez arising from that whole Nevin Shapiro/UM/NCAA mishagas.Remember kids, these are just allegations.
  • Question: Do You Get Any News or Information Via the Internet?

    South Florida Lawyers
    14 Apr 2014 | 7:09 am
    If so you'll be happy to know that the 5th DCA thinks the internet is an "other medium" for purposes of Florida's required pre-suit notice when filing a defamation lawsuit.Not only that, but the statute applies whether you are a fancy newspaper or even a lowly blogger who posts under a pseudonym: There are many outstanding blogs on particular topics, managed by persons of exceptional expertise, to whom we look for the most immediate information on recent developments and on whom we rely for informed explanations of the meaning of these developments. Other blogs run the gamut of quality of…
 
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    eLessons Learned

  • Defendant’s Shortcomings in Discovery Result in Sanctions

    Chris.Borchert
    31 Mar 2014 | 8:00 am
    The plaintiff, Tony B. Clay, brought claims for employment discrimination and retaliation based on race under Title VII against Consol Pennsylvania Coal Company (“Consol”). The electronically stored information (ESI) in question are emails that specifically mentioned Clay. These emails discussed his employment, termination, and the allegedly racist remarks made about Clay, which are at the [...]
  • Court Hesitant to Impose Discovery Sanctions Despite Defendant’s Delay and Non-Compliance With Court Order

    Chris.Borchert
    28 Mar 2014 | 8:00 am
    If I told you that your company delayed for nearly seven months to produce electronic documents critical to a pending lawsuit, you would think the judge presiding over your case may be a bit perturbed, right? What if I also told you that you promised the judge you would rectify the situation by producing the [...]
  • Cop Out? Government Can’t Withhold Metadata of a Police Report When it Relates to the Prior Conduct of an Arresting Officer in a Criminal Case

    Chris.Borchert
    26 Mar 2014 | 8:00 am
    Arresting officers that have a history of alleged misconduct (e.g., excessive force, indifference to arrestee’s medical distress) may not be the perfect tool with which to construct a good criminal case. This is particularly true if a significant part of the case Another sagging going away containers propecia 1 mg the notoriously… not whose http://www.eifel-plus-immobilien.com/star/viagra-generic.html [...]
  • Want ESI? Be specific.

    Chris.Borchert
    14 Mar 2014 | 8:00 am
    A meaty battle: American Home Insurance and Cargill Meat Solutions (“Cargill”) sued Greater Omaha Packing (GOPAC) for allegedly selling contaminated beef—a dispute that quickly turned into a discovery royale. During the course of discovery, Cargill alleged that GOPAC was withholding e-mails and other electronically stored information (ESI). Despite such allegations, Cargill did not specify which [...]
  • No Sanctions for Spoliation?

    Chris.Borchert
    12 Mar 2014 | 8:00 am
    For all of you bosses, managers, or CEOs out there: Are you thinking about firing that one employee? You know, the one that is always late, slacks on his work, and makes mistake after mistake? You may think that cutting him loose means he is out of your life forever. Well, guess again. In a [...]
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    International Business Law Advisor

  • 4 Steps to Effectuate Service of Process Under the Inter-American Service Convention

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

    Paul Crespo
    7 Feb 2014 | 1:53 am
    A special guest post by Global Security Consultant and Political Risk ExpertPaul Crespo. This is the latest post in the series. Sergei Karpukhin / Reuters The 2014 Olympic Winter Games began today in Sochi, Russia. Numerous U.S. multinational corporations such as McDonald’s, Coca Cola, Proctor & Gamble and Visa are sponsoring or participating, and 10,000 Americans are expected to attend. But former CIA Deputy Director Michael Morell recently stated that these are the “most dangerous Olympics” he has experienced in his adult life. So what are the risks to international…
  • The World’s First Bitcoin Lawsuit—in the United States?

    Santiago A. Cueto
    12 Dec 2013 | 11:24 am
    Have you ever received an email that is so fascinating that you have to read it out loud to make sure you that you read it correctly? I received one of those several days ago. The email asked the following question: “This past summer I purchased [factory equipment] in [Country X] with Bitcoin.  I never received the equipment and [the supplier] won’t respond to my messages. Is it possible to file a lawsuit against [the supplier] even if I used bitcoin? Wow. I had to re-read the email several times to make sure I understood what I was reading. I have heard of people buying all kinds of…
  • Japan’s New 24-Hour Advance Manifest Rule Takes Effect on March 10, 2014.

    Santiago A. Cueto
    23 Nov 2013 | 1:51 pm
    On March 14, 2014, Japan will join the global effort to make things more difficult for exporters secure supply chains against international terrorism with the implementation of it’s own “24-hour rule.” First implemented by the U.S. in 2002, the 24-hour advance manifest rule requires all inbound cargo carriers to submit complete manifests a full 24 hours before leaving their ports of departure.  The rule has since been widely adopted by  countries all over the world. Under Japan’s 24-Hour Rule (JP24), notice of all containerized freight bound for Japan must be transmitted at least…
  • Enforcing a Contract in Latin America? Good Luck with That.

    Santiago A. Cueto
    5 Nov 2013 | 9:26 am
    I got a call recently from a local manufacturer looking to sue a supplier in a Latin American country for breach of contract. Given Miami’s proximity to the region, I see these types of cases a lot. The first thing I’ll do is take a look at the case to confirm that jurisdiction would be proper in the U.S. And most of the time it is. However, when the jurisdictional nexus is weak or nonexistent, these Latin American breach of contract cases must be litigated in the region. Litigation in Latin American is Painfully Slow So whenever I tell a client that the case must be litigated in Latin…
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    Lawyer Advertising & Attorney Marketing

  • In the Cloud Sync Storage 20GB and more free

    Philip Franckel, Esq.
    10 Apr 2014 | 7:42 pm
    I was using Dropbox for my law office, but I just found this company (like Dropbox) which has a limited time offer for a free account with 15 GB of storage in the cloud which can sync with all of your computers, tablets and smartphones. If you sign up using the link below, download the […] The post In the Cloud Sync Storage 20GB and more free appeared first on Lawyer Advertising & Attorney Marketing.
  • How Can Your Video Stand Out From the Competition?

    Philip Franckel, Esq.
    8 Mar 2014 | 6:12 pm
    Video marketing is very different than a TV commercial.  A TV commercial is usually a 10, 15 or 30 second advertising spot while video marketing is a longer video commonly used for marketing on a website and social networks like Youtube, Facebook and Linkedin. Videos made for marketing have entirely different goals, messages and lengths. […] The post How Can Your Video Stand Out From the Competition? appeared first on Lawyer Advertising & Attorney Marketing.
  • Lawyer’s 2 minute local Super Bowl ad!

    Philip Franckel, Esq.
    6 Feb 2014 | 8:47 pm
    A personal injury attorney aired an unbelievable 2 minute long halftime TV commercial in a Super Bowl ad.  No, the ad wasn’t national – it was local, aired in Savannah, GA but it’s still costly and it was 2 minutes long!  The TV ad features heavy-metal music and looks like a movie trailer. The lawyer, […] The post Lawyer’s 2 minute local Super Bowl ad! appeared first on Lawyer Advertising & Attorney Marketing.
  • How To Get More Time For Advertising and Marketing

    Philip Franckel, Esq.
    31 Jul 2013 | 1:26 pm
    Advertising and marketing costs more than money.  It costs your time.  Additionally, lawyers have to work harder and more efficiently to earn the same legal fees of years ago. Advertising efforts can be delegated to an advertising agency but you still need to spend your time overseeing your advertising campaign.  If you have no idea […] The post How To Get More Time For Advertising and Marketing appeared first on Lawyer Advertising & Attorney Marketing.
  • Will lawyers soon stream advertising into your head?

    Philip Franckel, Esq.
    4 Jul 2013 | 6:12 pm
    Will lawyers soon stream advertising into your head?  It’s now possible. Sky Deutschland developed technology for advertising which was previously designed for the military called bone conduction.  Bone conduction transmits sound to the inner ear through the bones of the skull by converting electrical signals to vibration. Often seen in movies worn by military special […] The post Will lawyers soon stream advertising into your head? appeared first on Lawyer Advertising & Attorney Marketing.
 
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    RainmakerLawyer Blog

  • Wow. That Was Fast.

    Dave Lorenzo
    16 Apr 2014 | 8:28 am
    “Are you serious about taking control of your future?” This was the question being posed to me by the guy across the table. “Yes” I answered timidly. “Then you need to learn how to get tings done quickly.  It doesn’t matter if you feel comfortable or not, the person who makes things happen is always going to be successful.  Even if you are wrong and you make a big mistake, if you act quickly, most of the time you can correct a mistake before it does damage.” He continued: “When people see you take an idea and turn it into to a money-making business, you want them to stop…
  • Rainmaker Lawyer is Now A Registered Trademark

    Dave Lorenzo
    30 Jan 2014 | 8:20 am
    It is with pride that I announce the registration of Rainmaker Lawyer as a Trademark on the Principal Register with the United States of America. Continue Reading...
  • Thankful for Second Chances

    Dave Lorenzo
    27 Nov 2013 | 2:11 am
    I use this forum to discuss things that can help you make a great living and live a great life ®. Typically these things involve business and leadership strategy and/or a marketing tactic. This is not one of those occasions. A few times each year, like the anniversary of the terrorist attacks on the United States or a date that has importance only to me, I express the emotion I feel. I do this because we have that kind of relationship. This is typically a time of year when we express gratitude. We take stock of the blessings we have received and we pause and reflect. We acknowledge the…
  • May I Speak to You?

    Dave Lorenzo
    20 Nov 2013 | 6:57 am
    As you probably know, I spend a good deal of time giving talks to audiences of lawyers all over the United States. Typically, the organizer of the event pays me to speak and pays my travel expenses. During the first half of 2014, I’m offering you the opportunity to invite me to speak to your group of lawyers without investing a dime. You read that correctly. I will conduct an education session for your group of lawyers, bar association or large law firm, at no expense to you. I am partnering with a sponsor who will cover my fee, my travel and all the materials included with my education…
  • Four Minute Fixation 11: A Letter A Day Helps Lawyers Get Clients

    Dave Lorenzo
    15 Nov 2013 | 3:03 am
    If you’re interested in investing four minutes in a great legal marketing idea, this is the article and video for you. Traditional mail (sometimes called snail mail) is highly effective in attracting clients. Yes. You read that correctly. The postal service can actually help you get new clients for your law firm. Follow this two step process and you will develop relationships with direct mail. Step one: Research the Targets Identify one target for each day of the upcoming month. That target can be a prospective client, a potential referral source or a former client. Note: When considering…
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    Compliance Building

  • Best Practices Under the FCPA and Bribery Act

    Doug Cornelius
    17 Apr 2014 | 5:00 am
    Tom Fox is prolific writer on the Foreign Corrupt Practices Act. He publishes the excellent FCPA Compliance and Ethics Blog. One of the downsides to a blog is that it’s a running commentary and not a narrative guide. Blogs are great for sharing ideas among practitioners. But a blog does not come together as a nuts and bolts tool. Tom took action and organized some of his best posts into Best Practices Under the FCPA and Bribery Act. Now you can pull a comprehensive collection off your shelf to help you create and manage a world class compliance program for bribery and corruption. The…
  • The SEC Expresses Its Displeasure on Fund Fees

    Doug Cornelius
    16 Apr 2014 | 5:00 am
    A few days ago, Bloomberg published a story that the Securities and Exchange Commission has examined about 400 private equity firms and found that more than half charged “unjustified fees and expenses without notifying investors”. The SEC followed through with that story and recently charged Total Wealth Management with improperly disclosing fee revenue. Total Wealth sponsored a series of private funds that invested in other funds. Total Wealth had revenue sharing arrangements in place with several of the funds in which it invested, paying Total Wealth a fee when it placed client…
  • Real Estate Investing and Crowdfunding

    Doug Cornelius
    14 Apr 2014 | 10:49 am
    Real estate investing is capital-intensive. It should be a natural area for crowdfunding. The big concern is fees and conflicts. With a tech startup, you are investing in an idea and the people with the idea. It may grow exponentially or blow up, leaving little behind. Part of the investment is paying the people to run the business. With real estate, the cost of managing the investment may be an additional expense beyond the investment. The people managing the investment may be connected with the people selling the investment. That can work well, or be a conflict. The Wall Street Journal…
  • Compliance Bricks and Mortar for April 11

    Doug Cornelius
    11 Apr 2014 | 5:00 am
    Charles Ponzi’s former home up for sale by Erin Ailworth For the first time, the butter-colored stucco house with the slate roof and second-story balustrades, is going on the broader real estate market, available to anyone willing to take a run at the $3.3 million asking price. All previous sales have been private. One of the biggest selling points, of course, is Ponzi’s one-time ownership — although he occupied the property for only about six weeks in 1920 before he was arrested on charges of mail fraud. The home has only changed hands three times since Ponzi bought the house from the…
  • Pay to Play and the Supreme Court

    Doug Cornelius
    10 Apr 2014 | 7:23 am
    The US Supreme Court struck down some campaign finance limitations in McCutcheon v. Federal Election Commission. My first question was whether this court ruling would impact the Securities and Exchange Commission’s Rule 206(4)-5. The answer is “no.” Mr. McCutcheon wanted to contribute $1776 dollars to a long list of political candidates. Each individual contribution is less than the $2600 federal limit. But the sheer number of candidates and political groups he targeted would violate the aggregate limits. It was this aggregate limit that the Supreme Court struck down. The…
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    Simmons Firm

  • What to Know about Well Water Contamination This Spring

    Jo Anna Pollock
    16 Apr 2014 | 10:45 am
    The Department of Natural Resources is warning owners of private wells to be aware of the potential for water contamination this spring. As warmer weather hits and snow melts, clean drinking water can become a concern. When the ground is still frozen, water that may contain pollutants cannot penetrate the soil, causing it to flow over wells. Record snowfalls in many states across the country have increased this risk of water contamination among private wells. Low lying areas or areas with lower wells are especially at risk. “If water should come up over the top of the well, then you get…
  • Global Asbestos Awareness Week Begins Today

    Simmons Firm
    1 Apr 2014 | 12:33 pm
    Earlier this year, the U.S. Senate passed a resolution designating April 1-7, 2014 as Global Asbestos Awareness Week. This week is an opportunity to spread awareness of the dangers of asbestos exposure and educate the public that asbestos, a recognized human carcinogen by multiple health agencies, has not been fully banned in the United States. Linda Reinstein, President of the Asbestos Disease Awareness Organization, kicked off the week by sharing her own story and an info graphic that details the history of asbestos in the United States. In 2003, Linda’s husband Alan was diagnosed with…
  • Simmons Firm Investigates Legal Rights of Car Owners Impacted by GM Recall

    Derek Y. Brandt
    31 Mar 2014 | 1:00 pm
    Illinois and Missouri residents who have owned or leased one of the vehicles related to the recall of General Motor cars with ignition problems may be able to hold the automaker accountable for their defective vehicles. The Simmons Firm is currently investigating the legal rights of consumers who have been impacted by the GM recall. In February and March, GM issued three recalls, the most recent on March 28, for a combined 2.6 million vehicles with possible ignition switch defects. Specifically, the faulty ignition switches slipped from the “run” to “accessory” position while the…
  • Asbestos and Mesothelioma News Wrap Up: March 2014

    Jack R. Daugherty
    31 Mar 2014 | 6:00 am
    At the Simmons Firm, our mesothelioma lawyers are committed to providing you with the latest asbestos and mesothelioma news to keep you up to date. Below is a short list of some of the most recent news stories covering asbestos exposure, mesothelioma research and other news from throughout the United States and the world. Novel Cancer Vaccine Holds Promise Against Certain Cancers Including Mesothelioma Researchers are looking to a new approach to cancer immunotherapy for a new and cost-effective weapon against some of the most deadly tumors, including ovarian cancer, mesothelioma and…
  • New Video Sums Up the Simmons Law Firm Mission

    John Simmons
    20 Mar 2014 | 6:00 am
    Many people think asbestos has been banned in the United States. Sadly, it has not. Mesothelioma is still diagnosed in people across the country every year and helping these victims is one of the main missions of the Simmons Firm. We are proud to present one of our newest videos produced by Simmons Law Firm featuring many of our attorneys and employees. The purpose of this video is to help people seeking legal help in areas of asbestos litigation, pharmaceutical litigation, commercial litigation, intellectual property litigation, environmental litigation and personal injury litigation. If you…
 
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    Texas Wills and Trusts Law Online

  • The Importance of Estate Planning in Non-Traditional Families

    Rania Combs
    16 Apr 2014 | 9:00 am
    I got a heartbreaking call this week from a woman whose fiancé had recently died. They had been a couple for many years, and were the parents of an infant son, but they had never gotten around to getting married. Her fiancé had a well-paying job with benefits, and was the sole income earner in the family.  However, he didn’t have a Will. Although he had an insurance policy, retirement account, and savings account, the insurance was purchased and accounts opened years before he was engaged, and he never got around to naming his fiancé as his beneficiary. So when he died suddenly and…
  • The Cost of a Do-It-Yourself Will

    Rania Combs
    9 Apr 2014 | 8:00 am
    I have written before about the risks of do-it-yourself estate planning and explained how people who use do-it-yourself solutions end up with a false sense of security. They create documents that they believe will address their needs but wind up being ineffective and ultimately more costly than what an attorney would have charged to draft a simple Will. Unfortunately, people who use do-it-yourself solutions are unlikely to discover their mistakes because the mistakes will not become evident until after they die. And the people left to deal with the mistakes are usually the people the…
  • What Is An Estate?

    Rania Combs
    26 Mar 2014 | 7:30 am
    Many years ago, a neighbor’s teenaged daughter asked me what type of law I practiced. When I told her I focused on estate planning, she looked at me bewildered. “You mean, like mansions?” she asked. It was clear she was envisioning something like the image above. She’s not the only one confused. I got an email last week from someone inquiring about a Will. She listed all her assets, which included vehicles, bank accounts, and retirement accounts and added that “the only estate…is a very small lot” which was deeded to her. Lawyers use the term “estate planning” assuming that…
  • What is a Lady Bird Deed?

    Rania Combs
    17 Mar 2014 | 7:00 am
    A “Lady Bird Deed” is another name for an enhanced life estate deed, which allows a property owner to transfer property at death without the necessity of probate. It is nicknamed “Lady Bird” because many people think that President Lyndon B. Johnson conveyed some land to his wife using this type of deed, although there is no evidence that actually happened. How Does It Work? An enhanced life estate deed allows a property owner to transfer a remainder interest in a home to the ultimate beneficiaries, but reserve a life estate (a right to occupy and use the property…
  • What To Do When Someone Dies In Texas

    Rania Combs
    5 Mar 2014 | 6:00 am
    I get phone calls and emails each week from people who are grieving the death of a family member. They’re often confused and overwhelmed about what to do next. The Texas Young Lawyers Association has an informative guide about probate, which answers many questions about just that. The first section of the guide explains the importance of estate planning and the disadvantages of dying without a Will. The second section deals with probate and discusses: What to do after someone has passed away; How property is divided if there is no Will; What probate is and the situations when it is…
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    A Connecticut Law Blog

  • What Do You Need For A Paperless Law Office?

    Ryan McKeen
    10 Apr 2014 | 8:52 am
    It’s easy to overlook the small things. I spent two years designing and improving on my paper-less firm. Yet…..just last week, I purchased a low tech piece of equipment that makes a big difference. A power cord. Click here to view the embedded video. Taking notes on my laptop is great. However, until battery life significantly improves or wireless charging hits the market – power will always be an issue. While you are busy deciding on hardware and software it is easy to forget about power on the road. Watch the video below for a $4.99 low-tech must buy tool for your…
  • A Connecticut Bicycle Accident Attorney On Protecting Yourself Before An Accident

    Ryan McKeen
    27 Mar 2014 | 2:43 am
    Not only are drivers distracted – they are often uninsured or underinsured. Watch the video below to find out how you can protect yourself before getting on a bike. In Connecticut, your automobile policy will cover you on a bike. Having the right insurance makes a big difference in the event of a collision. Ask your insurance agent about maximizing your underinsured coverage and purchasing a conversion policy. Protect yourself – it’s dangerous out there. ____________________________ Attorney McKeen represents injured pedestrians, runners, and cyclists throughout Connecticut. Ryan can…
  • Buying or selling a home in Connecticut? Three Things You Need To Know.

    Ryan McKeen
    26 Mar 2014 | 9:35 am
    In many cases, a brief conversation with a client prior to signing a real estate contract can prevent problems. At the very least, attorney review of a contract provides a client with a clear understanding of the terms and conditions. Click here to view the embedded video. Contact Attorney Ryan McKeen at McKeen Law Firm ryan@mckeenlawfirm.com or (860) 560-8163. We review contracts with clients within 24 hours. We work weekends. You can read more about our Connecticut Real Estate Law Practice.
  • How Many Years For Adverse Possession In CT?

    Ryan McKeen
    24 Mar 2014 | 10:12 am
    Connecticut recognizes tacking. If you believe you have a claim for adverse possession in Connecticut please contact Attorney Ryan McKeen at (860) 560-8163 or ryan@mckeenlawfirm.com for a free consultation.
  • How Much Is Connecticut’s Divorce Filing Fee?

    Ryan McKeen
    23 Mar 2014 | 3:58 pm
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    Legally India - News for Lawyers

  • Delhi HC orders gov to pay for monthly Rs 6 lac AIIMS treatment of poor boy with rare disease

    17 Apr 2014 | 7:25 am
    In India’s first judgement on medical aid for rare diseases, the Delhi high court today directed the Delhi government to provide monthly medical treatment, free of cost, to a minor child afflicted with a rare disease (gaucher).
  • NLU Delhi: 12 Day Zero offers, 10 jobs in bag, 3 foreign vac schemes for 2015 batch

    17 Apr 2014 | 3:45 am
    NLU Delhi’s third batch, that will graduate in 2015 has already placed 10 students with confirmed jobs after its Day Zero of recruitment on 4 April, with four offers subject to internships and three vacation placements with foreign firms.
  • Pune New Law College dean suspended after 'preparing PowerPoint' at his home with student

    17 Apr 2014 | 2:12 am
    The dean of Bharati Vidyapeeth University's New Law College in Pune was suspended, after he was allegedly "caught" at his home with a 22-year old female law student. The student did not press charges but dean Dr Mukund Sarda has been suspended pending an investigation, after residents at his society made a police complaint. BJP and Shiv Sena workers reportedly protested at the police station and demanded that a complaint be registered against the deal, claiming that it was not the first time residents complained against the dean who was "notorious" for "such activities". The dean told…
  • Litigant molested at Delhi HC, files outraging modesty case

    17 Apr 2014 | 1:43 am
    A woman has allegedly been molested inside a Delhi high court room while she was accompanied by her father and lawyer.An unnamed man allegedly first stared at her in the court's lobby, later stood beside her and put his hand on her shoulder, and then touched her inappropriately on 5 March. CCTV footage is being examined. [Times of India]
  • SC affirms right of CAG to look at private TelCo accounts to unearth tax dodging

    17 Apr 2014 | 12:33 am
    A Supreme Court bench of Justices KS Radhakrishnan and Vikramjit Sen modified a Delhi high court order giving the Comptroller and Auditor General (CAG) power to do a statutory or special audit of private telecom companies accounts. Instead, the bench decided that the CAG should have the right to scrutinise the accounts of private telecoms companies to make sure that the government was getting "legitimate share" from the Telcos' use of natural resources such as spectrum. The case began in 2009 when the CAG looked into the books of Bharti Airtel, Reliance Communications, Vodafone India and Idea…
 
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    Associate's Mind

  • The Great Conversation: Battle/Debate(Life) Strategy–Adaptability

    David L. Smith
    17 Apr 2014 | 9:06 am
    In the long period since my last post, I’ve thought a lot about the applicability of recounting these battles to you all. I first entitled this series “…Battle/Debate Strategy” because I thought the “Debate” part would appeal to you lawyer-types. But the truth is that a working knowledge of these crucial historical moments informs the knower and equips him/her for a much broader spectrum of challenges than debate. In my life, when I encounter a problem that I don’t know how to approach (much less solve), appealing to the small bit of wisdom gained…
  • Site News: Miscellaneous Edition

    Keith Lee
    11 Apr 2014 | 12:46 pm
    Friday, end of the week, time to relax! Or just continue working over the weekend (which is what I’ll be doing for part of it). Anyway, a few odds and ends that I wanted to mention. Above The Law Column FYI, any writing that I do on Fridays is almost always going to appear in my column over at Above The Law. So if you absolutely want to read every single thing I write, you should look over there on Friday afternoons. Here is a link to today’s column. Travel I’ll be in Colorado Springs, CO to participate in the IAALS/Educating Tomorrow’s Lawyers’ Foundations For…
  • Book Review: Maritime Letters Of Indeminity

    Alan Duke
    10 Apr 2014 | 9:26 am
    In all honesty, Maritime Letters of Indemnity is not the title of a book I would normally consider reading. I am glad, however, that I was able to have the opportunity to read this book. I preface my review on the fact that I am not well versed in maritime law. While this title has certainly expanded my knowledge level, I can affirmatively say that I have no interest in making the move to the maritime practice area.  But If I did, I would buy this book for future reference. If you practice within the realm of international maritime, and specifically for those who routinely provide…
  • Book Review: Point Made 2nd Edition

    Keith Lee
    9 Apr 2014 | 11:14 am
    I’m always looking for ways to improve my own writing – legal or otherwise. I think my writing is pretty good (I was number one in legal writing in my class for what it’s worth), but I know I have a long way to go to get it to “great.” Therefore I follow a number of legal (and non-legal) writing blogs look for advice, tips, and deconstruction of good writing. I also regularly consume books on legal writing and general guides on how to become a better lawyer. As such, I was quite pleased when I received a review copy of Ross Guberman’s Point Made: How to Write Like the…
  • No Navigator, No Parachute, No Problem: First Quarter of Flying Solo

    Florida Esq
    7 Apr 2014 | 8:06 am
    Just dumping a bunch of numbers on you won’t be very helpful, so in order to provide some context for the data, here’s a little information about my practice: I live and practice in a place that has a somewhat lower cost-of-living than you might associate with Florida (in other words, I’m not in downtown Miami or anything like that).  My practice area isn’t oversaturated with other attorneys; instead, my competition comes from a small number of very established attorneys who have been doing these types of law in this area for many years.  I rent office space from a two attorney firm…
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    Dangerous Drugs & Medical Devices

  • 2010 – Four times as many adverse cardiac events in AndroGel users vs. placebo

    Jared Fink
    11 Apr 2014 | 12:40 pm
    In 2010, a study was published in The New England Journal of Medicine titled “Adverse events associated with testosterone administration.” by S. Basaria and a team of researchers, aiming to further clarify adverse events associated with testosterone therapy.  Currently, testosterone therapy is provided in the treatment of “Low-T” and other ailments, many in the medical field believe that testosterone is overprescribed.  Further, studies have shown that testosterone is associated with an increased risk for cardiac arrest, stroke, and death, especially in older men. Studying a group…
  • 2013 – Independent studies show two-fold increased risk for adverse cardiac events with testosterone therapy

    Jared Fink
    11 Apr 2014 | 12:37 pm
    In the April, 2013 edition of BMC Medicine, L. Xu et al. published the results of a study titled “Testosterone therapy and cardiovascular events among men: a systematic review and meta-analysis of placebo-controlled randomized trials.”.  This study sought to assess the relative safety of testosterone therapy with respect to adverse cardiac events.  The research team writes “Testosterone therapy is increasingly promoted” and notes “No randomized placebo-controlled trial has been implemented to assess the effect of testosterone therapy on cardiovascular events, although very high…
  • Proposed Class-Action Lawsuit Filed Against Manufacturer & Distributor of OxyElite Pro

    Brittany Deane
    9 Apr 2014 | 10:36 am
    A man by the name of Sandeep Barot has filed a proposed consumer protection class-action lawsuit against the manufacturer and distributor of dietary supplements that allegedly cause liver damage. See Barot v. USPLabs LLC et al., No. 1:14-cv-00562, complaint filed (D.N.J. Feb. 3, 2014). The defendant companies are USPLabs, LLC (“USPLabs”) and General Nutrition Center Holdings Inc. (“GNC”). USPLabs sells a variety of energy and weight loss dietary supplements under the brand name of OxyElite Pro through GNC. The complaint was filed in the U.S. District Court for the District of New…
  • 2012 – “Bladder cancer is a real risk with [Actos]“

    Jared Fink
    8 Apr 2014 | 5:30 pm
    A recent article published as an editorial in Diabetes Research and Clinical Practice by JA Johnson et al. titled “Balancing the risks and benefits for pioglitazone in type 2 diabetes.” set out to clarify some of the risks and benefits of using the diabetes drug Actos (pioglitazone). The authors state “All therapeutic choices need to be based on the balance of potential risks and benefits. Treatment decisions are not always easy, and are best achieved when considering all available evidence. Busy clinicians may be aided in this process by syntheses of the evidence, particularly when it…
  • 2012 – Long-term Actos use raises risk for bladder cancer 60-80%

    Jared Fink
    8 Apr 2014 | 5:25 pm
    In 2012, an article was published in Urology titled “Association between pioglitazone and urothelial bladder cancer.” by Y. Barbalat et al. that aimed to “present the current literature reporting the association between pioglitazone and bladder cancer.”  To be clear, “pioglitazone” is the chemical name for the diabetes drug, Actos, manufactured by Takeda Pharmaceutical Co. and Eli Lilly & Co. The team writes “The U.S. Food and Drug Administration (FDA) has recently informed the public that the use of pioglitazone may be associated with an increased risk of bladder cancer. 3…
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    Lawyerist

  • Dropbox for Lawyers and Law Firms: the Complete Guide

    Lawyerist
    15 Apr 2014 | 8:22 pm
    Dropbox is popular with lawyers. According to the ABA’s most-recent technology survey, 58% of lawyers use Dropbox, making it the most popular online file storage option among lawyers. Here is everything you need to know about Dropbox, from how to install it to securing your client files.IndexInstalling DropboxFeatures, Add-Ons, and PricingSyncing, File Versions, and PackratSharingCamera UploadExtra StorageBusiness PlansUsing DropboxSecurityTerms of ServiceWho Should Use DropboxInstalling DropboxInstalling Dropbox on your computer is simple and easy. Just download the installer to your…
  • 5 Alternatives To Dropbox

    Lisa Needham
    14 Apr 2014 | 9:33 pm
    Even a person with the most passing interest in cloud storage likely has a Dropbox account, if for no other reason than that your Dropbox-loving friends invited you so they could collect that sweet additional-file-space bounty for doing so. When cloud syncing and storage was in its relative infancy, Dropbox was a miracle worker: a little piece of software that ensured you could stash stuff and grab it from anywhere without dragging USB sticks around or endlessly emailing things to yourself.RelatedDropbox for Lawyers and Law Firms: a PrimerThese days, you have tons of Dropbox alternatives…
  • 30-Minute WordPress Setup Guide

    Sam Glover
    14 Apr 2014 | 12:22 am
    We have called it “marketing malpractice” not to have a law firm website. That is because most people, whether they are potential clients or referral sources or networking contacts, will expect you to have one so they can look you up online before they contact you. If they don’t find a website, chances are good they will call someone else — someone who does have a decent-looking website.If you do not have a website, you are probably missing out on clients, networking opportunities, and more. Although you’ll never know unless you get with the program and get yourself…
  • Lawyer Threatens Stupid Lawsuit Over Stupid Rule Interpretation for Stupid Entry in Stupid Contest

    Sam Glover
    13 Apr 2014 | 7:59 am
    Res ipsa loquitur:FOR IMMEDIATE RELEASE Contact Person:Jonathan R. Zell Attorney-at-Law 5953 Rock Hill Road Columbus, OH 43213-2127Tel. (614) 864-2292 E-mail: jonathanrzell@gmail.comLawyer threatens lawsuit over American Bar Association’s censorship of malpractice-themed Peeps dioramaColumbus, OH.  Jonathan Zell simply wanted to illustrate a novel legal argument that his adversaries had made in a malpractice case Zell had filed on behalf of his mother against the Ohio-based law firm of Frost Brown Todd.  (Eileen Zell v. Frost Brown Todd LLC, et al.. Case No. 2:13-cv-0458,…
  • Heartbleed: What Lawyers and Law Firms Need to Know

    Aaron Street
    11 Apr 2014 | 10:26 am
    Yesterday, partially in response to news about the “Heartbleed” computer exploit, Sam wrote a post about the importance of lawyers understanding how the internet works. Given all the media buzz about Heartbleed, I thought it might be useful for lawyers and law firms to understand what it really means for them, without either too much techno-jargon or over-use of dumbed-down metaphor.So What is Heartbleed?Leaky website encryption.Lots of websites that require password log-in use an encrypted connection to your browser, called SSL. You can see this when you go to sites that have an…
 
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    New York Personal Injury Law Blog

  • Passover and the Boston Marathon Bombing

    Eric Turkewitz
    15 Apr 2014 | 7:38 am
    Exterior, Kings County Supreme Court (Brooklyn) — Photo credit, me. Once again, a confluence of two seemingly unrelated events. On the one hand, today is the first day of Passover. On the other, it is the one year anniversary of the Boston Marathon bombing. Passover celebrates breaking away from tyranny and bondage and the establishment of freedom and the rule of law. While celebrated by Jews, we recognize its universal symbolism. So too do others, as we see the Ten Commandments displayed in courthouses around the country as an example of one of the first descriptions of written law.
  • A $9 Billion Punitive Damages Verdict in Actos Drug Trial (How much is too much?)

    Eric Turkewitz
    9 Apr 2014 | 12:33 pm
    We once again see a whopping punitive damages verdict and need to discuss: Just how much is too much? For the reasons that follow, I think that a ratio of punitive:compensatory damages of 100:1 or greater are sustainable based on current opinions from the Supreme Court. At issue for the moment is a $9 Billion punitive damage award against Japan’s Takeda Pharmaceutical and Eli Lilly this week. The case concerned the diabetes drug Actos, and the manufacturer’s failure to warn that it increases the chances of bladder cancer. There was also a $1.5M compensatory damage award. The…
  • New York Central Mutual Slammed in Bad Faith (And What it means for you)

    Eric Turkewitz
    8 Apr 2014 | 3:56 am
    Helene Blank Her name is Helene Blank and she last appeared on this page ripping into the City’s Corporation Counsel for his incredible hypocrisy in calling our courts inefficient. She isn’t just a top trial lawyer here in New York, and a frequent lecturer to others. No, she is also something else. She’s pissed. Again. And she’s got a damn good reason…so without further ado, Helene Blank as guest blogger… ——– It’s a tale of corporate greed, in all its ugly manifestations, which starts with grave human suffering. And thanks to a federal…
  • Ribbeck Law Bench Slapped Over Malaysian Aircraft Disappearance; Threatened with Sanctions

    Eric Turkewitz
    1 Apr 2014 | 7:56 am
    Chicago based Ribbeck Law was sharply bench slapped yesterday and threatened with sanctions by Cook County Judge Kathy Flanagan over the motion it filed regarding missing Malaysian Airlines Flight 370. The motion had allegedly been made to identify parties to a potential lawsuit that it intends to file in the United States. Noting that similar Ribbeck motions had been rejected previously regarding air crashes in San Francisco and Laos, Judge Flanagan was not kind to Ribbeck. Via the Chicago Tribune: “Despite these orders, the same law firm has proceeded, yet again, with the filing of the…
  • Knicks and Dolan to Be Sued in Class Action?

    Eric Turkewitz
    1 Apr 2014 | 3:50 am
    It isn’t often that you see the Chairman of a company acknowledge that he doesn’t know his company’s business. But that, it seems, is what James Dolan has done. And now as a result, rumors are swirling around New York’s legal community about a potential shareholder class action lawsuit. If you aren’t from New York, you might not know that Dolan’s father, Charles Dolan, is the billionaire founder of Cablevision and HBO. Cablevision owned the NY Knicks before being spun off in 2010 as The Madison Square Garden Company. And the MSG Company owns the Knicks…
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    The Probate Lawyer Blog: Famous Fortune Fights!

  • Whitney Houston's Family Is Fighting - Is Estate Money To Blame?

    Andrew & Danielle Mayoras
    2 Apr 2014 | 12:03 pm
    Whitney Houston’s family has been through its share of disagreements since the pop diva passed away on February 11, 2012.  Early on, there was trouble at the funeral, sparking concerns of a feud with Bobby Brown.  Recently, however, the trouble has centered around Nick Gordon.  Gordon was raised and treated like a son by Whitney Houston, from the time he was 12 years old. Rather than looking at Whitney Houston's Daughter, Bobbi Kristina Brown, as a sister, Gordon (now age 24) and Bobbi Kristina (who just turned 21) have recently gotten married.  The tabloids are having fun with that…
  • Philip Seymour Hoffman's Will Highlights Four Planning Pitfalls

    Andrew & Danielle Mayoras
    5 Mar 2014 | 12:20 pm
    Oscar-winning actor, Philip Seymour Hoffman, died on February 2nd from a drug overdose.  Recently, his long-time girlfriend and mother of his three children, Marianne O’Donnell, filed to open Philip Seymour Hoffman’s estate and to probate his will.  While there are many lessons that can be drawn from his will, there are four main estate planning pitfalls that serve as important lessons:   1.  Philip Seymour Hoffman Should Have Created A Revocable Living Trust. The reason that Hoffman’s will is public and available for anyone to read (you can click here to read it for yourself), is…
  • Oscar Winners Teach Five Lessons On Estate Planning

    Andrew & Danielle Mayoras
    5 Mar 2014 | 12:12 pm
    The 2014 Oscars are complete.  Trial & Heirs looks back at past Oscar winners like Philip Seymour Hoffman, Elizabeth Taylor, Heath Ledger, Frank Sinatra, and Marlon Brando.  Their estates illustrate important estate planning lessons that everyone can benefit from — even those who aren’t walking the red carpet at the Oscars.   1. Philip Seymour Hoffman Estate Planning Lesson:  You Can Be Creative With Your Will or Trust There were many mistakes and pitfalls with Philip Seymour Hoffman’s estate (including no estate tax planning and his failure to use a revocable living trust,…
  • Five Estate Planning Lessons From The Paul Walker Estate

    Andrew & Danielle Mayoras
    12 Feb 2014 | 8:14 am
    Paul William Walker IV was the star of the Fast & Furious movies, until his unfortunate -- and ironic -- death in a high-speed car accident on November 30, 2013.  The car, in which Walker was a passenger, was found to have been doing at least 100 mph.  Walker was 40 years old when he died, survived by his parents and his 15-year old daughter, Meadow Rain Walker.  Recently, Paul Walker's father filed to open the estate, including Walker's Last Will and Testament, which you can read here: Read Paul Walker's Will.  It sheds some interesting information about the Paul Walker Estate and…
  • Sarah Hershberger Guardianship Case: Exploring Parents' Rights To Make Medical Decisions

    Andrew & Danielle Mayoras
    31 Jan 2014 | 8:50 am
    To most parents, the question of whether the government should intervene to dictate how a child should be raised is an easy one. Parents, not the court system, should decide what is best for their children -- in the absence, of course, of abuse or neglect. But does that change when a child's life is on the line?    That is the difficult question facing a court of appeals in Ohio regarding Sarah Hershberger.  What are the constitutional rights of parents to make life-or-death medical decisions for their child?  What if the decision the parents make flies in the face of conventional…
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    UNWASHED ADVOCATE

  • The New Niche: Giving You Something To Think About

    Eric
    17 Apr 2014 | 8:55 am
    Every lawyer in private practice has conducted this call within 5 minutes of hanging a shingle. Lawyer (L): Hello? Potential Client (Not Really) (PCNR): Yes, are you a lawyer? L: Yes! I am! (stated with oodles of nauseating enthusiasm) PCNR: I’ve got this situation. (explains situation in gory, irrelevant detail) L: Wow. OK, well, the way I see it… (lawyer proceeds to give away all his knowledge in an in-depth analysis of all gory, irrelevant details) PCNR: OK, so… (asks question after question after question after question (ad nauseum)) L: (Answers questions, because wants…
  • The most awesome thing in the history of ever

    Eric
    19 Mar 2014 | 7:16 pm
    You’re alive at the most awesome, amazing, inspiring time in the history of the universe. Ever. How do you know? Consider… Toilet paper roll holder, plus iPad stand, plus bidet. Mankind has finally done it. We’re there. Pat yourselves on the back. Then, buy your Biffy BUTTLER here for the low price of $119.95.
  • An Interesting Sinclair Possibility

    Eric
    19 Mar 2014 | 7:45 am
    Usually, a Dishonorable Discharge (or Dismissal for officers) is reserved for the most severe of crimes–murder, rape, robbery, burglary, aggravated assault, and the like. Now, I’m just brainstorming out loud, but… The judge could, in lieu of a reprimand, forfeiture of pay, and/or confinement, simply award a dismissal. In order to impose this, he’d need to decide as follows: 1. Sinclair’s crimes warrant the attachment of significant stigma. After all, the primary purpose of a punitive discharge/dismissal is to stigmatize a person. 2. Sinclair’s behavior…
  • A Few Notes on Sinclair Sentencing

    Eric
    19 Mar 2014 | 7:27 am
    Naturally, the Fayetteville Observer (Fayetteville is the town immediately outside the gates of Ft. Bragg, is all over the trial of Brigadier General Jeffrey Sinclair. They give a decent summary of yesterday’s sentencing proceeding, albeit a bit scattershot. Here are a few clarifications. 1. What’s up with Sinclair’s wife not appearing to testify on his behalf at sentencing? What’s with the letter she wrote? There are a variety of reasons for why she is shying-away from this one. One is the reason given–that she wants to stay at home and focus on their children.
  • Sinclair Update (And Translations)

    Eric
    17 Mar 2014 | 8:08 am
    The NY Times has been all over the prosecution of Brigadier General Jeffrey Sinclair. Some has been great reporting. Some has been blatant hyperbole. Most of it is informative. One of the problems with journalists reporting on military matters is that they often get some of the facts discombobulated because of their lack of understanding of the system. The same thing happens when journalists report on criminal proceedings. Precise terms of art are confused, thus confusing issues overall. There are a few things that they conveyed fairly well. First, this case is a big hot mess. From the…
 
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    Planning Notes

  • IRS: Bitcoin is Property, Not Currency

    25 Mar 2014 | 12:14 pm
    Today, the Internal Revenue Service ("IRS") issued Notice 2014-21 regarding some federal tax prinicples associated with transactions utlizing virtual currency, such as Bitcoin. Among other things, this means that if a person purchases a product or services with Bitcoin, they will need to recognize any gain or loss associated with the transaction. For example, if a person purchases a $10 product with Bitcoin, which they pruchased for $5 dollars, that person will need to recognize a gain of $5 dollars associated with the transaction. In addition to taxes associated with transactions involving…
  • What Is An Advance Healthcare Directive?

    17 Feb 2014 | 7:30 pm
    An advance healthcare directive, such as a living will, is a legal document that sets forth a person’s end-of-life healthcare treatment desires. Generally, an advance healthcare directive does not become effective until a person is not able to make decisions for him/herself and unless the person has a terminal condition, is an irreversible coma, or is in a persistent vegetative state with no reasonable chance of recovery. The provisions in living wills generally span a continuum from rejecting all treatment to requesting all treatment and everything in between. CLICK BELOW TO ENLARGE…
  • Obama Announces MyRA Retirement Accounts

    31 Jan 2014 | 11:13 am
    Wall Street Journal: President Barack Obama signed a presidential memorandum Wednesday authorizing the Treasury Department to create a new retirement-savings vehicle aimed at workers who don't have access to traditional retirement accounts, such as 401(k)s. That group includes about half the U.S. workforce. The new type of account, dubbed a "MyRA", will use a combination of Treasury Bonds to guarantee growth in the accounts and Roth IRAs to contribute after-tax dollars so as to make distirbutions from MyRAs tax-free. Some critics welcome the new type of account that will be available to…
  • Federal Tax Provisions Expiring in 2013

    2 Jan 2014 | 9:45 am
    Senate Bill 1859, if passed by the U.S. Senate, House of Representatives, and signed by President Obama, would extend many of the provisions listed in the post below, While there are over 50 federal tax provisions that expired at the end of 2013, the following are especially noteworthy to many: Bonus Depreciation Deduction Prior to 2014, businesses could deduct up to 50% of the value of qualifying assets, e.g. property with less than a 20-year recovery period, during the year in which they were purchased. Unlike Section 179, discussed below, businesses do not need net income to…
  • LLC Taxation: Community Property & Disregarded Entities

    25 Nov 2013 | 4:03 pm
    A limited liability company, or LLC, is a flexible, unincorporated limited liability entity organized pursuant to state law that is often used to structure both small and large businesses alike. One key characteristic of an LLC is flexibility as to how the LLC is taxed pursuant to federal law. An LLC can elect taxation, under the Internal Revenue Code, as either: (1) a traditional corporation taxed pursuant to Subchapter C, (2) a small business corporation taxed pursuant to Subchapter S, (3) a partnership taxed pursuant to Subchapter K (if applicable), or (4) a disregarded entity (if…
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    Lawctopus

  • Internship @ iPleaders, Delhi: Quick Application Process, Research and Writing Tasks, No Stipend

    administrator
    17 Apr 2014 | 5:35 am
    The highlight of the internship was when I prepared a case-study on Blackberry, using which Abhyudyay wrote an article on how to successfully impress foreign firms like Allen and Ovary, which got published on Legally India. By Surabhi Grover. RGNUL. 2nd year The post Internship @ iPleaders, Delhi: Quick Application Process, Research and Writing Tasks, No Stipend appeared first on Lawctopus.
  • Interview with the Winning SLS Pune Team of The NLU Antitrust Law Moot Competition 2014

    Neeati
    17 Apr 2014 | 4:58 am
    One of the definite highlights of the finals (apart from the results) was when Dr. Geeta Gouri said that she would be taking our memorials back to New Delhi. At that point we decided that if we lost, this would be enough of a win. The post Interview with the Winning SLS Pune Team of The NLU Antitrust Law Moot Competition 2014 appeared first on Lawctopus.
  • Via Kafila: (En) Gendering a Rights Revolution: Siddharth Narrain

    administrator
    16 Apr 2014 | 4:30 am
    The second is that transgender persons, for the purposes of the law, should be able to identify in the gender of their choice, which could be male, female or a third gender category. The post Via Kafila: (En) Gendering a Rights Revolution: Siddharth Narrain appeared first on Lawctopus.
  • Internship @ Odisha Human Rights Commission, Bhubaneshwar: Not many had turned up that day, nor there was anything to do that day

    Neeati
    16 Apr 2014 | 12:49 am
    The first day had nothing to do other then signing of the attendance and a briefing session about the internship program (referred as training program by them). By Subhashree Dash, 1st year, New Law College, Pune The post Internship @ Odisha Human Rights Commission, Bhubaneshwar: Not many had turned up that day, nor there was anything to do that day appeared first on Lawctopus.
  • What’s So Uncomfortable? What’s Missing? The Stockholm Syndrome of Our Everyday Lives

    administrator
    15 Apr 2014 | 2:27 pm
    There's this tremendous responsibility of creating yourself. Not through the crutches doled out like jobs, offices, classes etc. but through your own striving. Your own way for your own life. By Tanuj Kalia The post What’s So Uncomfortable? What’s Missing? The Stockholm Syndrome of Our Everyday Lives appeared first on Lawctopus.
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    Fashion Law | Fashion Lawyer | Fashion Law Firm | Fashionentlaw.com

  • Video |Fashion, Drugs, and Music: How Does Law Affect Innovation? #Fashionlaw

    FASHIONENTLAW™
    27 Mar 2014 | 8:54 am
    Professor Terry Fisher, Wilmer Hale Professor of Intellectual Property Law at Harvard Law School speaks on Fashion, Drugs, and Music: How Does Law Affect Innovation?
  • Brand Dilution? Kanye West & Kim K: Who Would Have Thought a Convicted Criminal and his Alleged “Porn Star” Would Make the Cover of Vogue? #Fashionlaw

    FASHIONENTLAW™
    21 Mar 2014 | 8:39 pm
    In 2007, Kim Kardashian became an instant celebrity when a pornographic video of her and singer Ray-J, Brandy’s little brother, was released online. Kim claimed the video was a leak and a result of revenge porn, and that she tried to pursue legal action. Let’s just say nothing came out of the legal action, not even court filings, at least by all accounts. Instead, Kim was offered a reality television show and before you know it, became a regular staple and reality tv diet for millions of Americans. Since the release of that sex tape, Kim has kept everyone on their toes, from her…
  • “You Have to Adapt to Survive,” Getty Images Makes 35 MILLION PHOTOS FREE FOR USE! #Entlaw #fashionlaw

    FASHIONENTLAW™
    7 Mar 2014 | 3:55 am
    Coming off my recent discussion at UC Hastings College of the Law on a Panel titled ‘Social Media and Fair Use’ and of course knowing the current state of anxiousness with respect to digital media and copyright issues for creative business owners  across music, fashion and the film industries, I find this recent story and move by Getty Images quite interesting. They say if you can’t beat them, join them. Getty says, “look, people are already pirating and infringing on our copyright work. The cost of litigation would be exorbitant to go after them, plus there is this…
  • Join the Loyola Law School Fashion Law Project for its First Annual Fashion Law Symposium, March 22, 2014 #Fashionlaw

    FASHIONENTLAW™
    6 Mar 2014 | 7:31 am
    Folks, I wanted to remind you all about Loyola’s First Fashion Law Annual Symposium. For practicing attorneys and future lawyers wanting to learn more about the field of fashion law, it is an event worth checking out. Cheers, Uduak Join the Loyola Law School Fashion Law Project for its first-annual symposium, March 22, 2014. The Fashion Law Project is a comprehensive academic center at Loyola Law School focused on the unique and all-encompassing legal issues affecting the fashion industry in the U.S. and internationally. Its multifaceted design provides programming for several audiences…
  • PHOTOS: The First Ever West Coast Fashion Law Symposium Produced by Hastings Fashion, Art & Design Law Society #Fashionlaw #Fashionlawsymposium

    FASHIONENTLAW™
    3 Mar 2014 | 6:46 am
    Happy New Week folks. I wish you all a highly productive and positive week ahead. If you missed my review over the weekend of the awesome first ever fashion law symposium ‘Growth in the Fashion Industry: A New Approach to Protection?’ be sure to click here to read it. Also, don’t take my word for how awesome it was. Check out some of the fun, fashionable photos from the event courtesy Jaclyn Fang for U.C Hastings Fashion, Art & Design Law Society. Have a great week. Warmest of regards, Uduak The Lawyers & Non-Lawyer Speakers with Ashli Weiss| L-R: Paolo Beconcini,…
 
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    Law and Daily Life

  • Teacher Fired for 'Friending' Students Online

    Jenny Tsay, Esq.
    17 Apr 2014 | 6:41 am
    A 79-year-old substitute teacher from New Hampshire was fired after she refused to "unfriend" her students on Facebook. Carol Thebarge had been teaching in the Claremont, New Hampshire school district for more than 30 years when she was apparently given an ultimatum from school officials to delete her students as Facebook friends or face termination, according to New Hampshire's WMUR9-TV. School administrators don't argue that Thebarge was a good teacher, but written school policies forced them to let her go. Freedom of Expression? Although some might argue that Thebarge was exercising her…
  • Nev. Ranch Standoff Ends; Legal Fight Continues

    Brett Snider, Esq.
    16 Apr 2014 | 9:51 am
    A Nevada rancher has prevailed in a standoff against the federal government over grazing rights for his cattle. But the legal battles are far from over. Cliven Bundy, 67, attracted the attention of militiamen nationwide after he refused to pay grazing fees to the federal government -- which then seized Bundy's cattle. States' rights protestors and militia members rallied to Bundy's side, escalating tensions until the Bureau of Land Management finally agreed to release his cows on Saturday, reports the Las Vegas Sun. What legal troubles still await this stalwart rancher? You Can't Take the Sky…
  • 5 Legal Tips If You're Fighting Over an Estate

    Jenny Tsay, Esq.
    16 Apr 2014 | 6:41 am
    Even if there's a will in place, families may still end up fighting over an estate after a loved one passes. While most people think that the only way to settle estate battles is to go to probate court, there are ways to quash an estate battle without resorting to probate. Here are five legal tips to consider if you're fighting over an estate. Read the documents carefully. Sometimes estate battles can be avoided by simply re-reading the will or trust. It's easy to miss key points of the legal document when you're already grieving, but a second or third read through may clarify points of…
  • Should You Include Burial Plans in Your Will?

    Jenny Tsay, Esq.
    15 Apr 2014 | 9:54 am
    Besides divvying up your estate to your beneficiaries, there are several other things to think about when executing a will. One consideration is whether to include a burial plan in your will -- letting your executor know your wishes for your funeral. While including a burial plan in your will may seem like a good idea, your wishes may not be carried out exactly the way you want because your body isn't considered "property" for estate planning purposes. So what can you do to convey your burial plan preferences? Burial Plans in Wills Although it's not against the law to include your burial…
  • Legal How-To: Preparing for an IRS Audit

    Jenny Tsay, Esq.
    15 Apr 2014 | 6:41 am
    While some people sweat at the idea of preparing for an IRS audit, there's good news: the chances of getting audited are lower than they've been since at least the 1980s. Budget cuts and new responsibilities are limiting the Internal Revenue Service's (IRS's) resources and ability to police tax returns, so this year, the agency is only going after the "worst of the bad guys," according to the Associated Press. Although the audit risks are lower this year, it doesn't mean all taxpayers are off the hook. Here's how to prepare for an IRS audit. Determine which tax year is being audited. For the…
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    Pennsylvania Physicians' Lawyer

  • Optimize WordPress

    dhursh
    5 Apr 2014 | 12:30 pm
    Cras justo odio, dapibus ac facilisis in, egestas eget quam. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Aenean lacinia bibendum nulla sed consectetur. Aenean eu leo quam. Pellentesque ornare sem lacinia quam venenatis vestibulum. Nullam id dolor id nibh ultricies vehicula ut id elit. Etiam porta sem malesuada magna mollis euismod. Vivamus sagittis lacus vel augue laoreet rutrum faucibus dolor auctor. Praesent commodo cursus magna, vel scelerisque nisl consectetur et. Cras mattis consectetur purus sit amet fermentum. Cras justo odio, dapibus ac facilisis in, egestas eget quam.
  • Metro Design Style

    dhursh
    5 Apr 2014 | 12:30 pm
    Cras justo odio, dapibus ac facilisis in, egestas eget quam. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Aenean lacinia bibendum nulla sed consectetur. Aenean eu leo quam. Pellentesque ornare sem lacinia quam venenatis vestibulum. Nullam id dolor id nibh ultricies vehicula ut id elit. Etiam porta sem malesuada magna mollis euismod. Vivamus sagittis lacus vel augue laoreet rutrum faucibus dolor auctor. Praesent commodo cursus magna, vel scelerisque nisl consectetur et. Cras mattis consectetur purus sit amet fermentum. Cras justo odio, dapibus ac facilisis in, egestas eget quam.
  • Responsive WordPress Theme

    dhursh
    5 Apr 2014 | 12:30 pm
    Cras justo odio, dapibus ac facilisis in, egestas eget quam. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Aenean lacinia bibendum nulla sed consectetur. Aenean eu leo quam. Pellentesque ornare sem lacinia quam venenatis vestibulum. Nullam id dolor id nibh ultricies vehicula ut id elit. Etiam porta sem malesuada magna mollis euismod. Vivamus sagittis lacus vel augue laoreet rutrum faucibus dolor auctor. Praesent commodo cursus magna, vel scelerisque nisl consectetur et. Cras mattis consectetur purus sit amet fermentum. Cras justo odio, dapibus ac facilisis in, egestas eget quam.
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    William Carleton, Counselor @ Law

  • A Simple Act of Congress to Make Things Better for Startups

    William Carleton
    14 Apr 2014 | 6:14 pm
    My friend Joe Wallin had an idea earlier today, which was, “how can Congress pass a single, simple law, to tell federal agencies to back off the rulemaking?” His idea is borne of the frustration we all feel when Congress passes a reform intended to make life easier for startups, entrepreneurs, and the angel investors and VCs who support them, only to see that new law languish – or, worse yet, backfire – through rulemaking to implement the Congressional reform. Here’s a simple bill we’ve come up with. With respect, we believe this bill, by itself, might help curtail the problem…
  • Another Car2Go story

    William Carleton
    9 Apr 2014 | 3:32 pm
    I love this service. A lot of people in Seattle are talking about the politics of ride sharing services. But Car2Go is more like a self-service. Or the loan of hardware, I guess you could say. Because you find a car, passkey yourself in, and drive yourself to where you want to go. Latest episode of ad hoc transportation delight: I left my downtown office midmorning yesterday, running for my car to make a meeting with a client in Fremont. When I got to the garage, I found I didn't have my keys on me. I started to trudge back to the office, thinking of the alternatives: be a half hour…
  • Non-accredited crowdfunding: a license to pillage the vulnerable, or democracy in action?

    William Carleton
    2 Apr 2014 | 7:31 am
    Monday, a friend sent me a link to a weekend New York Times editorial which strongly condemned the SEC's proposed rules under Title III of the JOBS Act. However, unlike the criticism coming from those in the nascent non-accredited crowdfunding industry, the NYT editorial board faults the SEC's proposed rules, not for being unworkable, but for not being restrictive enough. I'll leave aside the Times' misconception that the faults lie in the agency's rulemaking rather than the legislation itself. In this regard, the editorial board makes the same mistake that…
  • Cherry blossoms

    William Carleton
    1 Apr 2014 | 7:44 am
    The Angel Capital Association 2014 Summit took me to Washington DC at the end of last week. I stayed over Saturday, mostly to take the opportunity to see Eddie Johnson play for the DC United football club at RFK Stadium, but also in the hope of seeing cherry blossoms at the Tidle Basin. The cherry trees in DC were not in bloom. But they are in full bloom back in my neighborhood in Seattle.
  • SEC official to angel community: go ahead, develop your own verification methods!

    William Carleton
    30 Mar 2014 | 8:06 am
    Keith Higgins, the relatively new Director of the Division of Corporation Finance, delivered a speech at the closing session of the 2014 Angel Capital Association Summit - and was it a doozy! A huge issue for angel investors is the "reasonable steps to verify" accredited status that is part of new Rule 506(c), which permits issuers to engage in "general solicitation." The issue was a focus of at least two breakout sessions at the Summit, including one Thursday moderated by ACA policy chair Mike Eckert that I participated in with the gifted lawyers Peter Rosenblum and Rob…
 
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    But I do have a law degree...

  • Still Not an Expert, the Third Time Around

    But I Do Have a Law Degree
    15 Apr 2014 | 2:02 pm
    I have found that since having my third child, I have been asked a lot of baby advice.  I am happy to share any expertise, but let me tell you, I don't remember much.  So when people ask me what a six month old's schedule should look like, my answer is usually:  "I have no idea.  Ask me when my baby turns six months!"It's amazing how much we forget, and how little we know.Case in point:  Our family recently took Colin on his first flight, to Disney World.  We packed all of the necessary items for our carry on (or so we thought).  Diapers?  Check.
  • Getting to Know my Dad, Pre-me

    But I Do Have a Law Degree
    10 Apr 2014 | 5:39 pm
    When we were in Disney World a couple of weeks ago, my oldest son fell in love with the Peter Pan ride.  His favorite part was flying over the city of London in the pirate ship.  Thus began his obsession with London. "Is London real?  IT IS???  Where is it?  When can we go?"I told him that we were probably going to go next year (true), and that I am very familiar with London, as I lived there for two years when I was in my early twenties.  "You LIVED in London?  When?  Where was I?"Trying to explain to a child that they did not exist is more…
  • Boobs and Breastfeeding at Disney World

    But I Do Have a Law Degree
    3 Apr 2014 | 7:11 am
    We just got back from a four day trip to Disney World.  If you've been following my blog for any length of time, you'll know I'm a huge Disney fan.  We've been twice in one year.  Yes, we're those people. It's fake and it's commercial and it's a complete rip off but I love it.  It holds great memories for me, is super kid friendly (obviously), and I have the whole fast pass, line bypassing thing down to a science.  (Perhaps a topic for another post, I seriously think I should start a business planning Magic Kingdom itineraries for tourists.  Not to toot my own…
  • Pollen is (Almost) Upon Us

    But I Do Have a Law Degree
    31 Mar 2014 | 5:57 pm
    It's spring.  And it snowed yesterday.  (I'm going to leave it at that, as I have a contract with myself to never blog about the weather.)But the fact is spring is coming (well, it's technically here).  And that means so are the allergies.  I'm one of those allergy-free people who thought for a long time the whole allergy thing was a farce. I mean come on, runny nose?  Watery eyes?  It's a cold!  My husband is not one of those allergy-free people, and for years I have made fun of his "fake allergies" (to nuts and pollen and apples that have not been…
  • Two Steps Back

    But I Do Have a Law Degree
    21 Mar 2014 | 10:31 am
    When I left my job and started this blog, I was in some ways very lost.  I knew I had made the right decision for my family, but I wondered if I would ever work again.  For money, that is.  I wondered if I was "worth" it anymore - whether anyone would want to pay me again, given that I wasn't willing to devote my life to a career.  Would anyone want to pay a stay at home mom, who wanted to continue to stay at home?  Slowly but surely, I did find paid work.  And it felt GREAT.  It wasn't even about the money, really. It was about a sense of pride that I was…
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    Denver Employment Law Attorney Blog

  • Retaliation after FMLA leave part of employee's claims in lawsuit

    On behalf of Berumen Law Firm
    16 Apr 2014 | 9:52 am
    Many American employees, including thousands in Colorado, fall under the protections of the Family Medical Leave Act. For those who do, knowing that there are legal protections available in the unfortunate event that they need to take a leave of absence from their job is comforting. However, the reality is that many employees are subjected to discrimination when they return from a leave taken under the protections of the FMLA, in the form of retaliation from their employer. These are some of the circumstances that one employee alleged in a case that recently settled for a reported $125,000…
  • Alleged violations of ADA leads to lawsuit

    On behalf of Berumen Law Firm
    9 Apr 2014 | 10:30 am
    Discrimination in the workplace remains an unfortunate reality throughout the country, despite efforts by millions of employers to increase awareness of sensitive issues among their employees. While our Colorado readers are probably used to seeing news coverage about racial and sexual discrimination, some may not realize that disability discrimination remains a problematic issue as well. A recent report highlighted one particular scenario in which an employee has alleged violations of the Americans with Disabilities Act by his employer. The employee, who suffers from an undisclosed…
  • Employee fired after reporting unwanted sexual advances

    On behalf of Berumen Law Firm
    2 Apr 2014 | 2:30 pm
    Any Colorado employee who has had to endure unwanted sexual advances or offensive sexual comments in the workplace knows how difficult it can be to go to a hostile working environment like that on a day-to-day basis. Having to put up with this type of behavior, whether it is from co-workers or supervisors, can make an employee dread going to work every day. However, sometimes the more fearful aspect of this kind of sexual harassment can be the threat of what could happen if the victim of harassment files an official complaint. For example, a recent report detailed how a female employee of a…
  • Wrongful dismissal is at the heart of Colorado employee's case

    On behalf of Berumen Law Firm
    26 Mar 2014 | 9:43 am
    Many of our Colorado readers are familiar with the concept of at-will employment. For those who aren't, the gist of the concept is that an employer can terminate an employee at any time for any reason - and the employee can do the same. However, there are many employees throughout Colorado and the nation who work under the terms of an employment contract. In order for those individuals to be fired, oftentimes their contract will specify that the termination needs to be for a valid reason. According to a recent report, one Colorado employee is challenging the termination of his employment…
  • New mother claims violation of FMLA in termination of employment

    On behalf of Berumen Law Firm
    21 Mar 2014 | 6:38 am
    For many women in Colorado, becoming a new mother is usually one of the happiest times in life. The anticipation during the pregnancy - and all of the struggles - pays off when a woman gets to hold their new baby at the hospital. However, this joyous time can be interrupted for a working mother when her employee rights are violated. This appears to have been the case for one woman who was employed as an adult probation officer when she got pregnant. According to a recent report, the woman, who has filed a civil lawsuit against her former employer alleging a violation of the Family Medical…
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    NB Law

  • Volvo Launches New Car Safety Seat Concept

    Larry Nagelberg
    17 Apr 2014 | 7:42 am
    Bulky car seats continue to be a problem for parents who have a lifestyle that keeps them constantly on the go. They often look for the latest technology when it comes to car safety seats because they want to find the lightest, most reliable and easy to install and pack. Thinking of what some parents have been looking for in car safety seats, Volvo decided to look into the changes in design they should focus on developing so that consumers […]Related Posts:Child Safety Seat Designed To Offer 360 Degrees of…Volvo Makes The Safest Cars, Study ShowsVolkswagen Launched iBeetle…
  • 1.4 Million Crashes In New Jersey Related to Distracted Driving

    Larry Nagelberg
    16 Apr 2014 | 10:09 am
    Distracted driving is an issue for drivers everywhere in the country. A recent review of data regarding car crashes and their causes has indicated that in New Jersey between 2004 and 2013, nearly 1.4 million auto accidents were linked to distractions. The State Attorney General has reported that within the same period, 1,600 people were fatally injured in car accidents that had as a main factor the driver’s inattention or lack of focus on the road ahead. The statistics indicate […]Related Posts:Safety Advocates Ponder on How Distracted Driving Can Be…Distracted Driving…
  • NHTSA Announces Ford Recall, Escape and Other Vehicles Affected

    Larry Nagelberg
    15 Apr 2014 | 7:53 am
    The latest major recalls issued by Toyota and General Motors have been making it any easier for the National Highway Traffic Safety Administration to keep up with all the issues associated with defective vehicles. According to the latest recall announcement issued by the National Highway Traffic Safety Administration, Ford Motor Company has issued a recall for all units of the 2013 and 2014 Ford Escape cars that were manufactured between June 5, 2012 and August 12, 2013, all units of […]Related Posts:Ford Recalls Escape, Fusion Vehicles Over Fire ConcernUrgent Recall Issued For All 2013…
  • Another Indian Firm Recalls Thousands of Bottles of Drugs in the U.S.

    Larry Nagelberg
    15 Apr 2014 | 4:26 am
    Reports show that recently, multiple Indian drug makers have been subject to the Food and Drug Administration’s scrutiny over the different safety and sanitary standards that Indian companies follow when it comes to producing, packaging and distributing their generic drugs to the United States market. According to a series of news reports, Indian drug maker Lupin Ltd. has issued a recall for thousands of bottles of certain antibacterial drugs because the company reportedly failed to meet the U.S. official standards […]Related Posts:Dr. Reddy’s Heartburn Drugs Sold in U.S.
  • Several Vehicles Affected by Latest Global Toyota Recall, NHTSA Issues First Release

    Larry Nagelberg
    14 Apr 2014 | 3:37 pm
    The latest major vehicle recall was issued by Toyota. The main announcement was issued last Wednesday but the official recall announcement issued by the National Highway Traffic Safety Administration was just recently released. According to the reports, the vehicles affected by the recall include all units of the 2006 through 2010 Yaris, 2006 through 2008 RAV4, all units of the 2008 through 2010 Highlander and all units of the 2009 and 2010 Tacoma, Corolla and Corolla Matrix. Some other vehicles […]Related Posts:Honda Issues Global Recall Of CR-V ModelsOver 6 Million Toyota Vehicles…
 
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    North Carolina Law Life

  • ‘S Wonderful, ‘S Marvelous, ‘S Unreasonable

    Donna Ray Berkelhammer
    7 Apr 2014 | 7:20 am
    One of the reasons to choose an S-Corp instead of an LLC is tax savings.  An S-corp does not pay any taxes at the corporate level, but instead all income is passed through to the shareholders, who are responsible for a number of taxes on both salary and dividends (return on investment). The IRS and Department of Labor are cooperating to investigate companies that misclassify employees as independent contractors to try to avoid paying taxes.  The heightened scrutiny on payroll withholdings could make S-Corporations more likely to be audited. (Photo credit: 401(K) 2013) With the S-Corp…
  • I Am Not Rich So I Don’t Need a Will and Other Estate Planning Myths

    Donna Ray Berkelhammer
    24 Mar 2014 | 7:37 am
    Many people draw up complicated estate plans to minimize the taxes they have to pay on their assets when they die. But people who are nowhere near the $5 million+ floor for estate taxes have very valuable reasons for having wills and trusts. Myth 1: My spouse automatically gets everything when I die. Actually, in North Carolina, without a will, the spouse gets only ½ of everything if you have one child, and only 1/3 of everything if you have two or more children. If you have no children, your spouse gets ½ and your surviving parent(s) get the other half. It gets even more complicated if the…
  • Striking the Right Balance in a North Carolina Non-Compete Can Be Tricky

    Donna Ray Berkelhammer
    17 Mar 2014 | 6:29 am
    North Carolina companies who rely on non-compete agreements to protect their trade secrets and proprietary information may want to review their agreements in light of two recent court decisions. Agreements in restraint of trade, including some non-compete agreements are unenforceable as unfair trade practices in North Carolina.  Our courts do not like to restrict people from working, but will allow these agreements on a case-by-case basis.  Courts understand that employers have a legitimate need to protect their investments in training employees, trade secrets and proprietary information.
  • North Carolina’s New LLC Statute: Do We Need to Revise Our Operating Agreement?

    Donna Ray Berkelhammer
    10 Mar 2014 | 7:02 am
    North Carolina updated its Limited Liability Act effective January 1, 2014. One of the benefits of the limited liability company has been its flexibility. It is a creature of contract, allowing much more flexibility than the centralized corporation. The revised Act highlights this flexibility. The most notable changes that may encourage your company to review its operating agreement are summarized below: Signed Operating Agreements are No Longer Required. The revised act specifically provides that the company’s operating agreement will control the rights and duties of the owners, except…
  • Significant Changes to the North Carolina Limited Liability Act

    Donna Ray Berkelhammer
    4 Mar 2014 | 8:28 am
    On January 1, 2014, the North Carolina Limited Liability Act was significantly overhauled.  Existing Chapter 57C was repealed and 57D was passed in its place.  Many of the substantive changes are highlighted below. One of the most notable changes is in the way owners of a company could override the provisions in the Limited Liability Company (LLC) Act. Previously, any change from the Act had to be adopted in writing.  Now the parties can change the default rules set forth in the Act by verbal agreements, writings that are not formal contracts but express the owners’ thinking on…
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    Virginia Business Lawyers

  • Rogue CFO II – Internal Accounting Controls and Supervision

    David Carroll
    16 Apr 2014 | 8:49 am
    Our second article in the series, “Rogue CFO,” covers some common sense processes that all too often are missing in smaller businesses – workable controls and verification. Internal controls start with a corporate culture and an attitude – “we pay attention to what our employees are doing and we check and recheck. It’s nothing personal. It’s just the way we need to do business.” Written procedures are the most effective way to establish internal standards because they are not ad hoc or variable and don’t depend on who is involved at any particular…
  • Rogue CFO I- Introduction

    David Carroll
    9 Apr 2014 | 4:06 pm
    Rogue CFO – I  Introduction Small, privately owned corporations deal with all types of challenges: competition, government regulations, recessions, rising cost of benefits for employees —the list is long. But one area that seems to be a persistent problem for small businesses is the area of fraud, in particular economic crimes and financial negligence. Increasingly the kinds of fraud and negligence that are being reported in the financial press originates with the most senior level employees, in particular, in the role of Chief Financial Officer. We are picking on CFOs because the…
  • ‘S Wonderful, ‘S Marvelous, ‘S Unreasonable

    Donna Ray Berkelhammer
    7 Apr 2014 | 11:31 am
    One of the reasons to choose an S-Corp instead of an LLC is tax savings.  An S-corp does not pay any taxes at the corporate level, but instead all income is passed through to the shareholders, who are responsible for a number of taxes on both salary and dividends (return on investment). The IRS and Department of Labor are cooperating to investigate companies that misclassify employees as independent contractors to try to avoid paying taxes.  The heightened scrutiny on payroll withholdings could make S-Corporations more likely to be audited. (Photo credit: 401(K) 2013) With the S-Corp…
  • In Virginia and NC, Consumers Can Dispute Debts Verbally

    Donna Ray Berkelhammer
    4 Mar 2014 | 12:00 pm
    If you routinely collect debts from consumers, you are probably familiar with the requirements of the federal Fair Debt Collections Act (FDCPA). Under this act, consumers who disputed a debt had thirty days after receiving a debt collection notice to notify the creditor or debt collector in writing that the debt was not valid. Until now. This week, the U.S. Court of Appeals for the Fourth Circuit (which covers North Carolina and Virginia) ruled in Clark v. Absolute Collection Service, Incorporated that the FDCPA does not require a consumer to dispute the validity of a debt in writing. If you…
  • Transfer on Death Deed

    Stefan Calos
    5 Sep 2013 | 8:10 am
    Here is an estate planning note that will help those who are using living trusts — consider using a transfer on death deed. Kudos to the Virginia General Assembly for recently enacting legislation allowing for the “transfer on death” deed. This legislation helps get rid of a pesky unintended consequence related to the ever-popular living trust. One reason that some people prefer a living trust over a traditional will is to maintain privacy by “avoiding probate.” Before the availability of the transfer on death deed, a person would deed his house and other real…
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    Advocate's Studio

  • Microsoft Office for iPad – It’s About Freaking Time

    Martha Sperry
    28 Mar 2014 | 10:38 am
    Yep, it’s finally here. After lots of promises and years of delay, Microsoft has finally released a true Office for iPad suite (no more emulations from third parties). Maybe this move is to counter Apple’s semi-recent decision to bundle its iLife apps (Pages, Numbers  and Keynote) for free. Maybe they just finally got around to it. Who knows? But here it is, so I figured I should check out exactly what Microsoft is offering to Apple users. As expected, Office for iPad is a collection of three apps  - Word, Excel and Powerpoint, of course, in addition to the previously available…
  • Dropbox Tips

    Martha Sperry
    1 Feb 2014 | 6:07 am
    Despite all the concerns and discussion out there over cloud usage by legal professionals, Dropbox still remains one of the most popular applications among lawyers. I am not going to discourse on whether or not that should be the case – the internet is rife with the opinions of very capable commenters on the subject – just remember that there are Bar rules out there about lawyers employing reasonable measures to ensure security when using the cloud. My personal use, however, takes into account the potential risks as well as rewards of using this free and cheap multi-user,…
  • Foogi – A Cross-Platform Calendar & Scheduling App

    Martha Sperry
    21 Jan 2014 | 5:19 pm
    In Outlook in my enterprise, I can easily and quickly check to see who is available for a meeting at a given time. Definitely an efficiency booster. But what if you are trying to coordinate times and attendees outside of the organization, using different platforms? Yes, of course there is an app for that. Foogi promises to match up invitees’ calendars to find the free / available times in which you can schedule your meeting. Foogi is not a calendar replacement. Instead, depending on how much information users share within Foogi, it will compare schedules and offer times within the…
  • Free Law Project Is Now Even Bigger, Ergo Better

    Martha Sperry
    15 Jan 2014 | 10:40 am
    I wrote about the Free Law Project here in the Studio back a few months ago. Why wouldn’t I? The Project is all about making public information freely available to the public. You can research and download material from state and federal courts for zip, nada, zilch. More recently, I got an email from Michael Lissner, one of Free Law Project’s founders. He tipped me off to a massive influx of new material at the Project – LawBox made a huge data donation of 1.5 million opinions, opening up 350 new jurisdictions. You can grab it from FLP’s bulk download page, and see…
  • oTranscribe: Free, Open Source, Easy Transcription Web Tool

    Martha Sperry
    15 Jan 2014 | 10:25 am
    Recording your thoughts, lectures, or other audio sources is all well and good, but maybe you want to memorialize those sounds in written word. There are plenty of tools out there to accomplish this, but thought I would mention here one that recently came to my attention. oTranscribe, developed by journalist Elliot Bentley, is a web app that allows you to import an audio file, open a word processor and type while the audio plays. It will play whatever formats your particular browser can process and has a built-in file converter. Controls are found on your keyboard, which makes it easier to…
 
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    The Complex Litigator

  • Arbitration agreement that arguably applied California law on the issue of enforceability is, ironically, unenforceable

    H. Scott Leviant
    8 Apr 2014 | 4:53 pm
    It's been a while since I have posted here.  It's not for lack of interest in finding something appropriate to address, but the interesting decisions have been few and far between.  Plus this "start your own firm" thing tends to eat up a lot of time in the early days.  Of course, with several big decisions likely to drop from the California Supreme Court any day, this may have been the calm before the storm.  While we wait for those fireworks, here's a fascinating arbitration decision.  In Imburgia v. DirecTV, Inc. (April 7, 2014), the Court of Appeal (Second…
  • You can look at maps on your cellphone in California

    H. Scott Leviant
    27 Feb 2014 | 2:43 pm
    As a victim (who later prevailed at trial) of law enforcement over-reach regarding the various Vehicle Code provisions relating to cell phones, it is nice to see some common sense out there (it is rare these days).  In People v. Spriggs (Feb. 27,  2014), the Court of Appeal (Fifth Appellate District) held, after weighty deliberation, that a statute about talking on a cell phone really doesn't apply to looking at a map on the phone (seeing as how the "talking" part isn't implicated).  Offered for informational purposes and your entertainment only.
  • Episode 9 of the Class Re-Action podcast is now available

    H. Scott Leviant
    23 Feb 2014 | 1:00 pm
    Episode 9 of the Class Re-Action podcast is now published (a bit earlier in the day than usual).  Episode 9 guests are Jennifer Zargarof of Sidley and Eric B. Kingsley of Kingsley & Kingsley.  Show topics include discussions of Concepcion v. Amscan Holdings, Inc. (Feb. 18, 2014), Martinez v. Joe's Crab Shack Holdings (now held for Duran), and Williams v. Superior Court (Allstate Ins. Co.), 221 Cal. App. 4th 1353 (Dec. 6, 2013). As a reminder, the first four episodes now qualify for MCLE credit if you need that, and it shouldn't be long before all shows are eligible for MCLE…
  • Additional MCLE credits finally available

    H. Scott Leviant
    20 Feb 2014 | 7:18 pm
    So I finally got off my duff and obtained MCLE credit approval from the California State Bar for more episodes of the Class Re-Action podcast.  You can now purchase credit, in one-hour blocks, for episodes 1 through 4.  They are now all priced to be highly affordable.  They aren't intended to be a profit-center, just an offset to hardware costs for each episode.  Now you can be entertained (I hope) and score some credit for California MCLE at the same time.  I will get the rest of the episodes up for credit as soon as I can.Since I need to capture bar numbers as a…
  • A bit of clarity added to lodestar fee applications

    H. Scott Leviant
    19 Feb 2014 | 11:48 am
    I've had a long-running debate going with several of the judges in the complex litigation program regarding fee awards in class actions.  I contend that California has long recognized contingent fee awards, and there is nothing about class actions that justifies a "lodestar first" approach that seems to be a trend.  A decision issued yesterday didn't settle the debate (it's a decision in a lodestar award situation, not a common fund recovery), but it adds a bit of clarity in other respects.  If you are a plaintiff-side practitioner, you need to know about this one.  In…
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    Law Firm Newswire » Legal News

  • GINA Systemic Class Actions by EEOC Beginning to Appear in Court Says Timothy Coffey, Chicago Employment Lawyer

    LFN Editor 102KS31
    17 Apr 2014 | 3:00 am
    Chicago, IL (Law Firm Newswire) April 14, 2014 – The Equal Employment Opportunity Commission (EEOC) settled its first systemic class-action lawsuit at the beginning on 2014 claiming a company violated the Genetic Information Nondiscrimination Act (GINA). “In this case, the EEOC sued an employer for asking, post job offer, that applicants obtain pre-employment medical examinations that included detailed questions about their family medical history,” recounts Timothy Coffey, a noted Chicago employment attorney. The lawsuit was filed in 2013 and resulted in a $50,000 settlement, as…
  • Has Obama Broken The Law?

    LFN Editor 102KS31
    17 Apr 2014 | 3:00 am
    Miami, FL (Law Firm Newswire) April 17, 2014 – Many Americans feel Obamacare is built on lies, resulting in a fiasco. Now, the need to push through immigration reform has taken on a note of desperation. “It’s interesting to note that many Americans feel they got ‘had’ when it comes to Obamacare. And now, it seems the Democrats are pushing immigration reform to happen soon. Now the President says it’s time to allow immigrants to fulfill their dreams, for Republicans to do the right thing. Really? If anyone else gets the sense this is a shell game, or diversionary tactic, you’re…
  • Zamansky LLC Files Arbitrations For UBS Willow Fund Investors With Tax Losses

    Jacob Zamansky
    17 Apr 2014 | 2:23 am
    Zamansky, LLC New York, NY (Law Firm Newswire) April 17, 2014 – Zamansky LLC has filed several FINRA arbitrations on behalf of investors in the UBS Willow Fund LLC (“Willow Fund”) with tax losses. The arbitrations are against UBS Financial Services Inc. (“UBS”) which sold the Willow Fund to its brokerage customers. In 2013, the Willow Fund liquidated after investors suffered a 70% or more in losses. The Statements of Claim in these arbitrations allege that the Willow Fund materially deviated from its disclosed strategy of investing in distressed debt, and instead speculated in…
  • Not All Cars Involved in Collisions with Bikers Remain at the Scene

    LFN Editor 102KS31
    16 Apr 2014 | 3:00 am
    Austin, TX (Law Firm Newswire) April 16, 2014 – Most people, when involved in an accident, remain at the scene. Some do not. “Motorcycle and car collisions are usually non-survivable for the biker. They do not have enough protection and usually end up being ejected from their ride. In this particular case, the 46-year-old biker and a white sedan were sharing an exit ramp that split into two lanes,” outlined Bobby Lee of Lee, Gober & Reyna, in Austin, Texas, not involved in this case. The sedan darted across several white lines into the northbound lane, where the biker and his…
  • April is Financial Literacy Month

    LFN Editor 102KS31
    16 Apr 2014 | 3:00 am
    White Plains, NY (Law Firm Newswire) April 16, 2014 – Financial Literacy Month is being observed in April 2014. This is an excellent time to recognize the important role that financial literacy plays in individual economic security and the financial health of the nation. Many Americans are not well-informed about important financial issues that affect their everyday lives. Schools, parents, government agencies and financial institutions and advisers all have a role to play in helping to increase knowledge and understanding of critical economic issues. The overall lack of financial…
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    The L•E•Jer

  • Canadian Toyota Employees to Undertake Potentially Historic Vote

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

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

    Hofstra Labor & Employment Law Journal
    25 Mar 2014 | 8:28 am
    By: Michael Engle On Monday, March 24, 2014, an all-star panel of Hofstra Law faculty members assembled for a panel discussion about the forthcoming Hobby Lobby oral arguments and decision.  Professor Robin Charlow, Professor Daniel Greenwood, Dean Ronald Colombo, and Professor Grant Hayden all lent their respective expertises and insights, drawing from fundamental constitutional law, […]
  • McDonald’s Employees: Not Lovin’ It

    Hofstra Labor & Employment Law Journal
    25 Mar 2014 | 7:10 am
    By: Victoria Stubbolo McDonalds, one of the worlds biggest and most popular restaurant chains, has come under fire yet again.  The corporation, which by virtue of its worldwide notoriety is no stranger to controversy, is finding itself in the hot-seat again.  Workers all over the country are bringing suit against McDonalds for being idled without […]
  • Obamacare Battle 2.0: Hobby Lobby and Freedom of Religion for Corporations

    Hofstra Labor & Employment Law Journal
    23 Mar 2014 | 8:15 am
    By: Julia Elmaleh-Sachs This Tuesday March 25th, the Supreme Court will hear oral arguments on two highly controversial appeals: Sebelius v. Hobby Lobby Stores, Inc. and Conestoga Wood Specialties Corp. v. Sebelius.  In both cases, the Court will review provisions of the Affordable Care Act that require for-profit employers of a certain size to offer insurance […]
 
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    My Distribution Law

  • On the Difficulty of Dauberting Antitrust Economists

    Howard Ullman
    8 Apr 2014 | 1:12 pm
    It’s difficult.  Despite a valiant effort, the defendants in In re: High-Tech Employee Antitrust Litigation, 2014 U.S. Dist. Lexis 47181 (N.D. Cal. Apr. 4, 2014) (Koh, J.), failed to exclude the expert testimony of plaintiffs’ economist, who has opined on the purported wage impact of the defendants’ alleged bilateral agreements not to cold call each other’s employees. I won’t cover the complex statistics and econometrics here, but if you’re interested, I’m attaching a copy of the decision (click the link). In re High-Tech Employee Antitrust…
  • UC Hastings — Antitrust and IP

    Howard Ullman
    31 Mar 2014 | 9:02 pm
    I’m pleased to have spoken today to a group of law students at the University of California, Hastings College of the Law on the intersection of antitrust and IP law.  It was nice to see an almost-full lecture hall — lots of interest in the topic.
  • Book Review: Louis Kaplow’s Competition Policy and Price Fixing

    Howard Ullman
    18 Mar 2014 | 5:00 am
    Competition Policy and Price Fixing Undoubtedly you’ve seen television commercials by a well-known insurance company where one character turns to another and says: “you can save 15% or more in 15 minutes.” The other character then replies: “everyone knows that, but did you know . . . .” In antitrust, everyone knows that horizontal price-fixing agreements are per se illegal, while oligopolistic pricing is not. But did you know that there is an argument against this dichotomy? In a recent and thought-provoking book entitled Competition Policy and Price Fixing (Princeton University…
  • U.S. Supreme Court to Decide When Professional Licensing Bodies Have Antitrust Immunity

    Howard Ullman
    4 Mar 2014 | 10:47 am
    teeth whitening (Photo credit: torbakhopper) The state action immunity doctrine shields private actors from antitrust liability if their activities are actively supervised by a state. But arms of the state itself generally don’t have to satisfy the actively-supervised requirement to enjoy the immunity. What about a state agency that consists of professionals who are regulating their own profession?  Is such an agency an arm of the state, or is it more like a private actor that must meet the actively-supervised requirement to enjoy antitrust immunity? That’s the issue the…
  • Hot Topics in Intellectual Property and Antitrust Law

    Howard Ullman
    19 Feb 2014 | 2:00 pm
    I’ve posted my slides from my webinar presentation on hot topics in IP and antitrust law.  You can find them here.
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    Kangaroo Court of Australia

  • Kerry Stokes has suppression order put on defamation proceedings against KCA publisher

    Shane Dowling
    15 Apr 2014 | 4:58 pm
    Seven West Media Chairman Kerry Strokes has instructed a judge of the NSW Supreme Court, Justice Harrison, to put a suppression order on defamation proceedings that Kerry Stokes has instituted against me, Shane Dowling, and this website, Kangaroo Court of Australia. The matter is listed for court again on Thursday (17/4/14) at 12pm at the Law Courts Building in Sydney. The […]
  • Royal Commission into unions. There ain’t no heroes

    Shane Dowling
    12 Apr 2014 | 6:29 am
    A good gage of whether the Royal Commission into unions has done its job is if we end up with a long list of heroes who saved the day when the Royal Commission hands its report to the government. If the Royal Commission does write up people as being heroes or implied heroes then it is almost guaranteed that the Royal Commission […]
  • Arthur Sinodinos says it is up to Bill Shorten to answer questions regarding police investigation

    Shane Dowling
    4 Apr 2014 | 7:01 pm
    I was at the Independent Commission Against Corruption (ICAC) hearings on Thursday to watch senator Arthur Sinodinos give evidence. Mr Sinodinos had a bad day in the witness box to put it mildly and said little as he was leaving except a short 20 to 30 second statement. But I did manage to put one […]
  • Judgement day for corrupt officials is here. Michael Williamson gets 7 1/2 years jail

    Shane Dowling
    29 Mar 2014 | 6:23 am
    Former Labor Party President and HSU President Michael Williamson was sentenced to 7 1/2 years jail (minimum 5 years) on Friday (28-3-14) which sends a loud signal to all corrupt officials that you are not untouchable. Mr Williamson’s jailing would have sent a shiver up the spine of many corrupt politicians, government employees and other […]
  • Alleged paedophile Cardinal George Pell gives perjured evidence at the Royal Commission

    Shane Dowling
    24 Mar 2014 | 9:59 pm
    Cardinal George Pell, who was investigated in 2002 for sexually assaulting a 12 year-old-boy in 1961, gave evidence yesterday (24/3/14) at the Royal Commission into Institutional Responses to Child Sexual Abuse. It is a bit rich to call what came out of George’s mouth “evidence” given almost every second word would have to classified as perjury. […]
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    Attorney at Work

  • Marketing to the Bar

    Sally J. Schmidt
    17 Apr 2014 | 3:00 am
    I have spent a good deal of my career trying to get lawyers to spend less time with other lawyers and more time with clients and prospects. In many cases, a lawyer’s business development and networking efforts are more effective when spent in industry or business-related organizations than bar association groups. However, there are certainly times when relationships with other lawyers can lead to client development opportunities, especially when those lawyers don’t do what you do. It all depends on your practice. Targeting other lawyers can very effective particularly if you have a niche…
  • Would You Pass a Trust Account Audit?

    Peggy Gruenke
    16 Apr 2014 | 3:00 am
    Every lawyer knows mismanaging a trust account (IOLTA) can have terrible consequences. However, most lawyers receive little or no training in how to manage a trust account before opening one of their own. Law schools don’t address this in enough detail — at least based on the blank looks received when I mention trust accounting to new grads. And only the enlightened bar associations conduct a hands-on, mud-up-to-your-elbows trust accounting class for all new lawyers. (I think they need to turn it up a notch and get a little muddier.) Recently, Megan Zavieh wrote here about the…
  • I Landed the Sales Opportunity, So Now What?

    The Editors
    15 Apr 2014 | 3:00 am
    Question: After several networking lunches and casual meetings with a potential client, she invited me to come meet with her and her staff to “tell us what you can do for us.” What should I do to make sure I stand out and get the work? Stacy Smith: Congratulations, your networking has paid off and you’ve secured the business development meeting that may result in a new client! Now, how do you distinguish yourself in a cluttered market? Focus on the client. Know the client. Who is the client? Do your research and arrive prepared. Educate yourself in all things client: background,…
  • Instilling Client Confidence in Your Practice

    Noble McIntyre
    14 Apr 2014 | 3:00 am
    In this series, Oklahoma City attorney Noble McIntyre has been offering tips on rolling out the welcome mat for clients and prospective clients. His first two posts provided pointers on phone etiquette and office appearance — but it’s the people in your firm who set the tone. In this installment, Noble looks at how their behavior can help instill client confidence. In every interaction with a client, the people involved are the most important element. And on the firm’s side, it’s not just about you, the client’s lawyer, but about the other people in your office, too.
  • What’s the Buzz with Legal Marketing?

    Mark Beese
    11 Apr 2014 | 3:00 am
    The Legal Marketing Association (LMA) held its annual conference last week in Orlando, Florida, attended by more than 1,200 professional marketers. The buzz focused on a range of topics, from adapting to the “new normal” and sophisticated pricing strategies to using technology to market legal services and considering generational differences in your marketing message. 1. New normal. Jordan Furlong of Law21 and Edge International presented an audience of chief marketing officers with a startling image of two worlds colliding. The client’s world, driven by the need to reduce costs and…
 
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    Justia Law, Technology & Legal Marketing Blog

  • Jackpot!! Justia Weekly Writers’ Picks – April 4, 2014

    Cicely Wilson
    4 Apr 2014 | 9:45 am
    McCutcheon v. Fed. Election Comm’n, United States Supreme Court (4/2/14) Civil Rights, Communications Law, Constitutional Law, Election Law The Federal Election Campaign Act of 1971 and the Bipartisan Campaign Reform Act of 2002, impose base limits, restricting how much money a donor may contribute to a particular candidate or committee, and aggregate limits, restricting how much money a donor may contribute in total to all candidates or committees, 2 U.S.C. 441a. In the 2011–2012 election cycle, McCutcheon contributed to 16 federal candidates, complying with all base limits. He alleges…
  • Tommy Flanagan for the Defense, Your Honor – Justia’s Weekly Writers’ Picks 3/28/14

    Cicely Wilson
    28 Mar 2014 | 1:10 pm
    United States v. Bergman, US 10th Cir. (3/28/14) Constitutional Law, Criminal Law Defendant-appellant Gwen Bergman was arrested when the hit-man she thought she hired to kill her husband was in fact an undercover police officer. After trial, it emerged that defendant’s lawyer was not a lawyer-in-fact, but a con man. Defendant applied for habeas relief on the ground that she received ineffective assistance of counsel. The district court agreed with her: the court vacated her conviction, and discharged her from supervised release (she had finished her prison term). Assuming the…
  • Justia Weekly Writers’ Picks – March 21, 2014

    Cicely Wilson
    21 Mar 2014 | 3:38 pm
    Bray v. Planned Parenthood Columbia-Willamette, Inc., US 6th Cir. (3/21/14) Civil Procedure, Communications Law, Constitutional Law Bray is an antiabortion activist and wrote a book, A Time to Kill. In 1985, Bray was convicted for a felony relating to physical damage to abortion centers. He spent four years in prison. Planned Parenthood (PPCW) was a plaintiff in a 1995 suit against antiabortion activists (including Bray) for intimidation by threat of force under the Freedom of Access to Clinic Entrances Act, 18 U.S.C. 248. In 2005, PPCW sought to collect its $850,000 judgment and obtained a…
  • Rails-to-No-Trails – Justia Weekly Writers’ Picks – March 14, 2014

    Cicely Wilson
    14 Mar 2014 | 3:20 pm
    Marvin M. Brandt Revocable Trust v. United States, United States Supreme Court (3/10/14) Real Estate & Property Law, Transportation Law, Zoning, Planning & Land Use The General Railroad Right-of-Way Act of 1875 provides railroad companies “right[s] of way through the public lands of the United States,” 43 U.S.C. 934. One such right of way, created in 1908, crosses land that the government conveyed to the Brandt family in a 1976 land patent. That patent stated that the land was granted subject to the right of way, but it did not specify what would occur if the railroad relinquished…
  • Should Arbitration Dockets in Public Courts be Public?

    Courtney Minick
    12 Mar 2014 | 4:03 pm
    Delaware Courts of Chancery appealed to the U.S. Supreme Court recently, seeking to validate a law that would allow them to hold confidential arbitration proceedings for parties with $1M litigation at stake. Professor Judith Resnik wrote about this in the NYT Op-Ed pages,  ”Renting Judges for Secret Rulings.” On appeal is the question whether this arbitration process, established by the Delaware Legislature and codified at Del. Code Ann. Tit. 10 § 349 violates the First Amendment’s right to public access for court proceedings. The Delaware Legislature passed the law in…
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    BullsEye Blog

  • Daubert: Testimony Based on Experience

    15 Apr 2014 | 6:19 am
    The Supreme Court’s decision in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993) requires trial courts to ensure that expert testimony admitted is reliable. Perhaps one of the trickier contexts in which courts must apply this standard is expert testimony based on experience.  To be sure, the Advisory Committee Notes to Rule 702 of the Federal Rules of Evidence recognize that...
  • Do You Need An Expert To Sue An Expert?

    4 Apr 2014 | 8:31 am
    Editor’s Note:  The expert referenced in this article is not affiliated with IMS ExpertServices.   If you sue an expert witness for malpractice, do you need expert testimony to prove your case?   The question may sound circular, but it was one of first impression when it was decided earlier this month by the Oklahoma Supreme Court. The court's answer, while definitive, was also narrow.
  • Dilbert Versus Daubert - Which Standard Controls in Patent Design Cases?

    1 Apr 2014 | 6:21 am
    In a groundbreaking decision, the Ninth Circuit in Dilbert v. Apple Computer, Inc., 401 F.3d 2014 (9th Cir., February 31, 2014), has announced a new standard for admissibility of...
  • What The #!$% Is Bitcoin?

    25 Mar 2014 | 2:30 am
    In wake of the world’s second largest heist, a Japanese bitcoin exchange company filed for bankruptcy in the U.S. this month. Facing multimillion-dollar lawsuits in federal court, Mt. Gox, a company originally created to trade Magic role-playing game cards, has thrust the mysterious world of bitcoins and crypto-currencies into the mainstream spotlight.   Now, many lawyers, judges and legal experts are asking themselves the same question: “What the #!$% is a bitcoin?”
  • North Carolina Adopts Daubert . . .To the Consternation of its Supreme Court

    18 Mar 2014 | 7:00 am
    On January 21, 2014, The North Carolina Court of Appeals held that amendments to Rule 702 of the North Carolina Rules of Evidence adopted the standards in  Daubert v. Merell Dow Pharmaceuticals, Inc., for admitting expert witness testimony in North Carolina state courts, displacing a 2004 ruling by the Supreme Court of North Carolina.
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    Hunt & Associates, PC

  • Update to the Feds’ Seizure of Tax Refunds from Relatives to Recover Claimed Social Security Benefit Overpayments Made More than Ten Years Ago

    Lawrence Hunt
    15 Apr 2014 | 8:56 am
    The Social Security Administration has just announced that it has suspended efforts to recoup overpayments of benefits it claims to have made more than ten years ago while it reviews its “. . . responsibility and discretion under current law.”  See more here. © 4/15/2014 Lawrence B. Hunt of Hunt & Associates, P.C.  All rights reserved.       Del.icio.us Facebook TweetThis Digg StumbleUpon You might be interested in this:    Employee Non-Competition and Non-Solicitation Agreements in Oregon: A Critical Distinction  Liability Issues for LLC Members…
  • The Debts of the Parents are Paid by their Children; Like It or Not

    Lawrence Hunt
    14 Apr 2014 | 9:15 am
    Although children aren’t generally responsible for their parents’ debts, the rule apparently doesn’t apply when the federal government wants to collect. As Marc Fisher recently reported in the Washington Post here, since 2011 when the federal government repealed the ten year statute of limitations applicable to governmental claims for overpayments of benefits, the government has enthusiastically pursued collection of old debts; often seizing tax refunds from children for overpayments the feds claim were made to their parents more than thirty years ago.  The Social Security…
  • The Oregon Probate Process: Getting Started

    Kevin Tillson
    19 Mar 2014 | 3:37 pm
    In my estate planning practice and in my estate administration practice I am asked the same questions: “What is probate?” and, “Why does it have to take so long?” Usually when people tell me they want to avoid probate, they mean that they want to avoid having their estate administered through a court process, whether or not the person has a will.  The exact definition of probate is not that important.  Essentially, the administration of a probate estate (if there is a will) or intestate estate (if there is not a will) is the legal process for gathering a deceased individual’s…
  • Selecting a Beneficiary: Who, What, When

    Kevin Tillson
    20 Feb 2014 | 2:23 pm
    Now that you have decided which estate planning instrument (a will or a trust) you will be using and you have selected your trustee or personal representative, who do you want to leave your property to? What property do you want to leave to each beneficiary?  When should each beneficiary receive your property?  The answers to these questions may seem easy – leave everything to your children in equal shares and let them figure out the details.  However, these questions require further analysis to make sure your property passes to who you want it to pass to, when you want it to pass, and…
  • The National Labor Relations Act and the Rights of Non-Union Employees

    Lawrence Hunt
    20 Feb 2014 | 9:00 am
    In recent years the National Labor Relations Board (“NLRB”) has begun applying provisions of the National Labor Relations Act (“NLRA”), to non-union employers.  In particular, the NLRB has successfully applied Sections 7 and 8 of the NLRA to compel the reinstatement with back pay of employees who have criticized their employer on social media and to invalidate employer policies which would “reasonably tend to chill employees in the exercise of their Section 7 rights” to engage in concerted action. James Moss has a good summary in the Federal Lawyer here.  As his article points…
 
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    Recent Blog Posts

  • Responsibility and Maintenance that Comes with Purchase

    1 Apr 2014 | 10:30 am
    At Norman Taylor & Associates, we are passionate about helping others. Recently, our team has encountered a number of cases involving high-end vehicles and engine blowouts. In these cases, clients purchased vehicles that came with a maintenance package as part of the purchase price. Their vehicles suffered from a blown engine and their warranty for engine repair was denied, even though a blown engine happening within the period of one's warranty is normally covered. Why were these claims denied? The first thing any dealership (on behalf of the manufacturer) will look at is your…
  • The Worst Cars & Car Problems of 2013

    23 Jan 2014 | 3:20 pm
    At Norman Taylor & Associates, we know that just because a car is new does not mean that it will be problem-free. Every year, consumers find themselves in a predicament when their newest-model vehicle starts acting up. Carcomplaints.com gathers information, complaints, and reports about car models from every year in order to inform consumers of potential problems that any model year may have. We have condensed the information from their lists of 2013 "Worst Vehicles from the 2013 Model Year" and 2013 "Top Vehicle Complaints" below for your benefit! Worst Vehicles from…
  • Quality And The Lemon Automobile

    30 Sep 2013 | 1:15 pm
    "It costs a lot to build bad products." Norman Augustine�"Augustine's 12th Law" In America we salute quantity and pay lip service to quality. When manufacturers want to brag, they cite numbers of units produced, tons of ore mined, miles of cable laid, or millions of books sold. People involved in high production get gold-plated plaques, vacations in Las Vegas and outrageous bonuses. Where is quality management while this is happening? Fighting with production supervisors to maintain standards, trying to get budget to buy inspection tools, trying to get people to…
  • Chrysler Agrees to NHTSA's Recall Request

    25 Jun 2013 | 8:20 pm
    Earlier this month, the National Highway Traffic Safety Administration requested that Chrysler issue a recall to correct the risk of a fuel spill resulting from rear end collisions. Chrysler declined to issue the voluntary recall that would affect 2.7 million model years 1993-2004 Jeep Grand Cherokee and model years 2002-2007Jeep Liberty owners. After some back and forth, Chrysler finally agreed to issue a voluntary recall to correct the issue by installing a tow hitch to these vehicles in an effort to increase the structural stability of the rear end and better manage the crash force in low…
  • Really? Top 10 California Lemon Law Cars of Last Year?

    23 Jun 2013 | 10:55 am
    Really? Top 10 California Lemon Law Cars of Last Year? California Lemon Law Per the National Highway Traffic Safety Administration these are quite possibly the top 10 lemon automobiles of last year.To be specific, last year drivers filed just under 30,000 complaints about their automobiles with the National Highway Traffic Safety Administration (NHTSA). The complaints included problems with brakes, powertrains and every other part of the car imaginable. The most complained about automobiles are not necessarily the least popular ones. They include some of the most purchased automobiles in…
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    Rozek Law

  • Long Term Effects Of A Head Injury

    Randy Rozek
    11 Apr 2014 | 6:15 am
    Visit us at RozekLaw.com The Mayo Clinic defines a head injury as a traumatic brain injury that occurs when an external force causes brain dysfunction. Those who suffer from traumatic brain injuries usually suffer these injuries due to involvement in serious car accidents, athletic events, incidents of violence or other accidents. Vegetative State of Being Brain injury victims may end up in a vegetative state after the accident. The Mayo Clinic states that widespread brain cell damage can cause a person to suffer from the inability to respond to his or her external environment. One may be…
  • Dealing with a Traumatic Brain Injury

    Randy Rozek
    7 Apr 2014 | 8:28 am
    Visit us at RozekLaw.com One of the worst things to experience is a brain injury. Because the brain is the most complex organ in the body, it is also more susceptible to damage. In the United States alone, over 1.4 million individuals suffer from brain injuries each year, with a good percentage of these injuries resulting in death. Such an injury can occur as a result of a car accident, medical malpractice and even slips and falls. Unfortunately, brain injuries are usually not easily recognizable and symptoms frequently manifest some time after a person has experienced an accident. Symptoms…
  • The Many Effects of a Brain Injury

    Randy Rozek
    25 Mar 2014 | 5:00 am
    Visit us at RozekLaw.com The brain can best be described as the “control center” of a human being and, understandably, an injury to it can have immense effects on the functioning of the body. Known medically as a traumatic brain injury (TBI), the condition is often consequential to a fall, a vehicular accident, an act of violence or the participation in contact sports. A TBI can stem from an external blow or a penetrating injury to the head, or a sudden acceleration or deceleration that jars the brain within the skull. The primary effects usually consist of the tearing, stretching…
  • 3 Things to Remember If You’ve Experienced A Head Injury

    Randy Rozek
    24 Mar 2014 | 10:56 am
    Visit us at RozekLaw.com Seek Medical Attention Anyone experiencing a head injury should seek immediate medical attention at a hospital emergency room, or call paramedics to the scene of an accident. This type of medical trauma is a common occurrence for adults or children during a vehicle collision, work accident or while playing contact sports. Each day numerous children, teenagers and adults receive head traumas requiring medical treatment that may last days, weeks or years. Medical facilities use diagnostic imaging to determine if a patient has damage such as internal bleeding to the…
  • Why You Should Take Head Injuries Seriously

    Randy Rozek
    24 Feb 2014 | 3:15 am
    Visit us at RozekLaw.com Head injuries can be very dangerous. Whether it’s a concussion or other serious brain trauma, you should take any head or brain injury seriously, seek medical attention as soon as possible, and follow doctor’s orders carefully to avoid exacerbating or worsening the injury. Brain trauma can have lasting repercussions and can even cause personality changes. How to Avoid Brain Traumas Obviously, there is a risk of head injury anytime you partake in a sport or physical activity that could lead to you falling or colliding with something. Avoiding these kinds of…
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    HoganWillig

  • Benefitting Service Members, Number of VA Loans Continues to Rise

    Natalie Cappellazzo
    16 Apr 2014 | 6:33 am
    The number of VA-guaranteed loans reached a record high in the year 2013, with no signs of slowing down.  The steady increase represents an upward trajectory since the collapse of the housing market.  The Department of Veterans Affairs guaranteed approximately 630,000 mortgage loans in fiscal year 2013, about half of which were borrowed with the […]
  • 2014 National Healthcare Decisions Day

    Linda Grear
    12 Apr 2014 | 6:09 am
    The 2014 National Healthcare Decisions Day is Wednesday, April 16, 2014. Over 100 million American adults have not designated an agent to make medical decisions nor documented the type of medical care they desire. Although it is a difficult issue to address, it is important for all adults to consider who is best-suited to make […]
  • Beware of Scams During Tax Season

    Natalie Cappellazzo
    9 Apr 2014 | 6:31 am
    Heading into April, tax season is now in full swing.  With the April 15th “Tax Day” due date quickly approaching, Americans filing their income taxes should be aware of increasingly-sophisticated scams.  Geared towards taxpayers eager to secure a large refund, the scammers employ a wide range of tricks to prey on individuals.  One practice that […]
  • New NYS Estate Tax Law

    Linda Grear
    3 Apr 2014 | 7:59 am
    On March 29, 2014, Gov. Andrew M. Cuomo and legislative leaders announced an agreement on New York State’s 2014-2015 budget which included several tax law changes. As of April 1, 2014, the legislation made significant changes to the estate and gift tax law. First, there is an increase of the New York State estate tax […]
  • CVS Lawsuit could Pose Major Changes to Tight Severance Contracts

    Natalie Cappellazzo
    29 Mar 2014 | 7:00 am
    When companies downsize, they rely on severance agreements to shield themselves from the threat of lawsuits.  Among other legal components, severance contracts typically include a general release of claims, a non disparagement clause, and a covenant not to sue.  By agreeing not to sue their former employer, the departing individual receives money and/or other benefits. […]
 
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    barexambrief.combarexambrief.com

  • LAW SCHOOL PROBLEMS: WHAT IF I DON’T HAVE A SUMMER JOB?

    Melody Glatz
    8 Apr 2014 | 11:13 am
    By Chris Nikitas, Esq., BARBRI Legal Education Advisor Alright, you don’t have a summer job. Whether you’re a 1L or 2L student, this is a rather scary position. First thing’s first. In the words of Douglas Adams, “don’t panic.” Especially in your first year of law school, having a legal job during the summer isn’t an end-of-the-world scenario. I hosted bar exam trivia during my 1L summer. A prominent scholar I know – who shall remain anonymous – taught tennis lessons. The fact is, you can make up for not having a job in a number of ways and here are a few ideas. DON’T…
  • BARBRI AND OUT-OF-STATE BAR EXAMS

    Melody Glatz
    4 Mar 2014 | 2:08 pm
    By Chris Nikitas, Esq., BARBRI Legal Education Advisor BARBRI offers bar review courses for all 50 state bar exams and the District of Columbia. We have the knowledge, quality and experience you need to get through whichever bar exam you need to take. BAR REVIEW IN CLASS – AND ONLINE. All the BARBRI bar review course lecture material is available online. You’ll have access to the same content available in the course’s print materials, as well as the same questions. You’ll be able to submit essays for grading, keep in touch with your Legal Education Advisor and submit substantive…
  • FIVE THINGS SUCCESSFUL ATTORNEYS DID NOT LEARN IN LAW SCHOOL

    Laura Smith
    18 Feb 2014 | 2:01 pm
    By Sam Farkas, Esq., BARBRI Product Development Manager 1) BECOME AN EFFICIENT PROBLEM SOLVER Law school may have taught you the framework and skills to solve legal problems, but it did not teach you how to solve them efficiently. Successful attorneys are acquainted with two basic principles: The Pareto Principle that states 80 percent of the effects stem from 20% of the causes and Parkinson’s Law that states work expands into the time allotted for its completion. Focus on investing time on the 20% of your work that brings the most value and reduce the time to complete the remaining work by…
  • HOW TO BEAT THE BAR EXAM: A JULY 2013 BAR PASSER’S WAY

    Melody Glatz
    11 Feb 2014 | 1:07 pm
    By Stefan Borst-Censullo, Esq. To begin off I want to apologize to you, the good reader, for my contribution to this over stuffed cannon of “hey so you’re about to take the bar, here’s some tips.” However you have obviously decided to read this post, so you are either very bored or beyond desperate. In any case I hope this will help you realize either that ALL HOPE IS NOT LOST or alternatively assist in further procrastination before you dive headfirst into the eight hours of MBE’s. The main lesson that I, an underemployed, heavily indebted, but FULLY LICENSED ATTORNEY can impart on…
  • BARBRI LAW SCHOOL OUTLINES – DON’T BE AFRAID OF THE BIG ‘OLE BOOK

    Melody Glatz
    28 Jan 2014 | 2:14 pm
    By Yvette Edwards, BARBRI Manager of Legal Education Congratulations on signing up with BARBRI! Most people love the online lectures. You’ve heard about the benefits of the multiple choice questions. But when we hand over the book full of outlines, I often hear, “There is no way I will ever use this.” As law students, time is precious. Here are five tips on how to integrate the outlines effectively and in the process save you time. They are not meant to be a replacement for your notes, but can give you a clearer understanding of the law. The Momentary Zone-out. Did you accidentally…
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    Attorney at Work

  • Marketing to the Bar

    Sally J. Schmidt
    17 Apr 2014 | 3:00 am
    I have spent a good deal of my career trying to get lawyers to spend less time with other lawyers and more time with clients and prospects. In many cases, a lawyer’s business development and networking efforts are more effective when spent in industry or business-related organizations than bar association groups. However, there are certainly times when relationships with other lawyers can lead to client development opportunities, especially when those lawyers don’t do what you do. It all depends on your practice. Targeting other lawyers can very effective particularly if you have a niche…
  • Would You Pass a Trust Account Audit?

    Peggy Gruenke
    16 Apr 2014 | 3:00 am
    Every lawyer knows mismanaging a trust account (IOLTA) can have terrible consequences. However, most lawyers receive little or no training in how to manage a trust account before opening one of their own. Law schools don’t address this in enough detail — at least based on the blank looks received when I mention trust accounting to new grads. And only the enlightened bar associations conduct a hands-on, mud-up-to-your-elbows trust accounting class for all new lawyers. (I think they need to turn it up a notch and get a little muddier.) Recently, Megan Zavieh wrote here about the…
  • I Landed the Sales Opportunity, So Now What?

    The Editors
    15 Apr 2014 | 3:00 am
    Question: After several networking lunches and casual meetings with a potential client, she invited me to come meet with her and her staff to “tell us what you can do for us.” What should I do to make sure I stand out and get the work? Stacy Smith: Congratulations, your networking has paid off and you’ve secured the business development meeting that may result in a new client! Now, how do you distinguish yourself in a cluttered market? Focus on the client. Know the client. Who is the client? Do your research and arrive prepared. Educate yourself in all things client: background,…
  • Instilling Client Confidence in Your Practice

    Noble McIntyre
    14 Apr 2014 | 3:00 am
    In this series, Oklahoma City attorney Noble McIntyre has been offering tips on rolling out the welcome mat for clients and prospective clients. His first two posts provided pointers on phone etiquette and office appearance — but it’s the people in your firm who set the tone. In this installment, Noble looks at how their behavior can help instill client confidence. In every interaction with a client, the people involved are the most important element. And on the firm’s side, it’s not just about you, the client’s lawyer, but about the other people in your office, too.
  • What’s the Buzz with Legal Marketing?

    Mark Beese
    11 Apr 2014 | 3:00 am
    The Legal Marketing Association (LMA) held its annual conference last week in Orlando, Florida, attended by more than 1,200 professional marketers. The buzz focused on a range of topics, from adapting to the “new normal” and sophisticated pricing strategies to using technology to market legal services and considering generational differences in your marketing message. 1. New normal. Jordan Furlong of Law21 and Edge International presented an audience of chief marketing officers with a startling image of two worlds colliding. The client’s world, driven by the need to reduce costs and…
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    Pretrial, Trial, Appellate & Evidence Blog

  • MOTION ARGUMENT PREPARATION

    Ronald H. Clark
    10 Apr 2014 | 10:21 am
    If you are unprepared to argue a motion, it shows. This was the take away that a significant number of my Seattle University law students noted in their reports on watching motions arguments in both state and federal court. I require that my Comprehensive Pretrial students attend a motion hearing and then write a report about what they observed. While they are free to write about whatever takes their fancy, this semester’s predominant theme was the importance of being prepared. Motion preparation is discussed at length in Pretrial Advocacy: Planning, Analysisand Strategy, 4th…
  • PRETRIAL & TRIAL ADVOCACY: GET THEM OUT OF THE CLASSROOM

    Ronald H. Clark
    7 Apr 2014 | 4:08 pm
    When teaching pretrial or trial advocacy, it is important to get the law students out of the classroom to experience the real life of a trial lawyer. For my Comprehensive Pretrial Advocacy course, the students have a minimum of three experiences outside the classroom. First, we go to the scene – the Garage tavern (the class picture taken during the recent visit) where the shooting took place, which led to both criminal murder charges and the complaint for wrongful death. We use the cases in the Pretrial Advocacy book throughout the course.The go-to-the-scene outing focuses on two teaching…
  • TRIAL ADVOCACY IN KOSOVO

    Ronald H. Clark
    24 Mar 2014 | 9:54 am
    Advancing JusticeFor the past week, I have been in Pristina, Kosovo teaching trial advocacy. The U.S. Department of Justice offered this advocacy training as part of Kosovo’s effort to implement the rule of law. Kosovo is the world’s newest nation, having declared its independence in 2008. The population of Kosovo is approximately 1.8 million. The people of Kosovo have great affection for Americans, and they were unfailingly gracious to us.  The U.S. involvement in bringing an end to the Kosovo war is a reason for this attitude, and their appreciation is evident with a statue of…
  • DON’T LOSE THE JURY ON DIRECT EXAMINATION

    Ronald H. Clark
    20 Feb 2014 | 3:15 pm
    The Engaging Direct ExaminationA poorly executed direct examination can lose the jury or bore them to snores. There are many ways to disengage the jury from your direct. Use the windshield wiper method (“What happened next?” “What happened next?”  And then what happened?”). While this may elicit the information, it can be as mind-numbing as watching your windshield wiper go back and forth. Call an expert who constantly speaks in technical terms that jurors can’t understand. Allow a dull, monotone voiced witness to drone on, thus sucking the oxygen out of the courtroom. Have…
  • ADVANCED TRIAL ADVOCACY INSTITUTE

    Ronald H. Clark
    17 Feb 2014 | 3:21 pm
    Seattle University launches Advanced Trial Advocacy InstituteMarilyn Berger and I have developed and chair this week-long June 2-6, 2014) Advanced Trial Advocacy Institute. The Institute offers a proven conceptual approach to trial practice combined with premier trial principles and strategies for every phase of trial from preparation through closing argument. During the course the best of the best trial lawyers and faculty will provide lectures and demonstrations of successful trial skills.Above all, course attendees will prepare and try a case, including conducting jury selection,…
 
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    Law & Industry Daily

  • Cameras at the Supreme Court: They ought to be in pictures

    The Economist
    29 Mar 2014 | 12:23 am
    C-SPAN marked its 35th anniversary last week. The channel has been airing gavel-to-gavel proceedings of the House of Representatives since 1979; it ventured to the floor of the Senate in 1986 and has added committee hearings, interviews and coverage… ... Continue Reading.
  • Money Talks

    The Economist
    25 Mar 2014 | 5:49 am
    This week: the impact of sanctions on Russia, stress testing banks in the United States and planning for retirement in Britain. http://econ.st/1jATCaG ... Continue Reading.
  • Obamacare back at SCOTUS

    CNN
    25 Mar 2014 | 5:40 am
    John King, Juana Summers & Peter Hamby discuss the upcoming Supreme Court case on contraceptive coverage under the ACA. ... Continue Reading.
  • Ten states critical to administration’s efforts to enroll 6 million in new health plans

    PBS Newshour
    25 Mar 2014 | 5:35 am
    This KHN story was produced in collaboration with USA Today. Ten states — seven of them controlled by Republicans — hold the key to whether the Obama administration succeeds at signing up 6 million people for health care under the Affordable Care… ... Continue Reading.
  • Report: California is Prime Target for Global Cybercrime

    Slashdot
    25 Mar 2014 | 5:25 am
    The success and high profile of businesses in Silicon Valley, Hollywood and elsewhere have made California the specific target of international gangs of online criminals, according to a report released today by the office of the Attorney General of… ... Continue Reading.
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    The Attorney Marketing Center

  • The case against having too many business contacts

    David M. Ward
    16 Apr 2014 | 11:23 am
    Most business professionals seek to connect with as many people as possible. They equate quantity with effective marketing. In truth, quality is paramount. One high quality contact who is willing to help you is worth thousands of average contacts. High quality business contacts are influential in your target market. They know the people you want to know and can introduce you to them. They can solve problems for you with one phone call. They can give you money-saving and time-saving advice that can help you take giant leaps in the growth of your practice. High quality contacts are also open to…
  • Welcoming new businesses to your community

    David M. Ward
    15 Apr 2014 | 11:03 am
    My local Chamber of Commerce puts out a weekly email newsletter. It features upcoming events such as networking mixers, charity golf tournaments, and a meet and greet with our mayor. It also welcomes and lists new members.  If I were still practicing, I would contact the new members, congratulate them on their new business, and welcome them to the community. If they aren’t a new business, I would congratulate them on joining the chamber. If they are new, I’d ask if they are having a grand opening. If they aren’t new, I’d ask about any current sale or promotion. Then,…
  • Why I don’t obsess over SEO

    David M. Ward
    14 Apr 2014 | 11:08 am
    I take a rather relaxed approach to SEO. I pay attention to a few things like using keywords, but not at the expense of good writing, and by that, I mean writing that informs, persuades, inspires, and (at times) entertains. I don’t study search engine optimization. I don’t hire consultants. And I don’t spend time contorting my posts to conform to arcane rules of the day. Why? First, I hate this kind of stuff. It’s boring. And frustrating. One day it’s this way, next week it’s something else. Second, I don’t need to. Google is smarter than I am and…
  • Starting an email newsletter

    David M. Ward
    11 Apr 2014 | 12:23 pm
    Quick, give me a legal tip. Something in your area of expertise you recommend I know or do. Got it? Okay, write it down. Just the idea or title. Make a few notes if you want, but don’t spend a lot of time. Congratulation. You now have the makings of an email you can send to your list. All you need to do is to take the idea and write three paragraphs that explain your tip. Could you do this again? Could you come up with something for next week? A tip, a quick story, a recommended website? I’ll bet you could. Excellent. You have next week’s email. You can post these on your…
  • The quickest way to create a new website

    David M. Ward
    10 Apr 2014 | 10:46 am
    I’m working with an attorney who is setting up his first website. One of the things I told him to do was to find websites he likes and study them, so he can use them as models for creating his own. They don’t have to be attorneys’ sites but they should probably be professionals or other service providers. The idea is to use the structure of another site for ideas for laying out yours. Actually, you might combine elements from several sites. Perhaps you like the column layout from one, the color palate from another, and the page order from a third. Yes, Jack, you can set up…
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    Valensi Rose Law

  • Can You Enforce The Arbitration Clause In A Trust Against A Beneficiary Who Is Challenging The Trust? A Recent California Court Of Appeal Case Says No.

    About Valensi Rose, PLC
    7 Apr 2014 | 12:04 pm
    By Linda ChungLynda ChungOver the years some arbitration clauses in different contracts have withstood the litigants’ challenges.  Some arbitration clauses have not.   In a recent California Court of Appeal cases, McArthur v. McArthur (2014) 2014 S.O.S. A137133, the trustee attempted to enforce the arbitration clause in the amended trust document (the “Amended Trust”) created by her mother against the beneficiary who was the trustee’s sister.  The Amended Trust required mediation, and if necessary, arbitration of “any claim or dispute arising from or related to…
  • Lenders Must Enforce Remedies "By the Book" or Suffer the Consequences

    About Valensi Rose, PLC
    1 Apr 2014 | 10:24 am
    By Gary F. TorrellGary F. TorrellIn a new California appellate court decision published this week called Bank of New York Mellon v. Preciado, the bank foreclosed on the borrower's home pledged as security for the loan and then sought to evict the former owners.  According to the decision, the bank made several mistakes along the way, including: (1) failure to provide proof the trustee who conducted the foreclosure sale had been properly substituted in place of the trustee named in the deed of trust; (2) the unlawful detainer complaint and judgment for possession incorrectly described the…
  • Who Needs a Mentor?

    About Valensi Rose, PLC
    10 Mar 2014 | 1:24 pm
    By Autumn Ronda, President Beverly Hills Bar Association Barristers Autumn RondaEveryone! The importance of mentorship cannot be understated. Oftentimes it can mean the difference between a budding professional’s determination to succeed, and their tangible success. Though a mentor relationship can exist in many forms, it always guides the mentee to the most clear and advantageous path to attaining their goals and the mentor will find the experience equally enriching. I am fortunate to have maintained mentorship relationships with both attorneys and non-legal professionals…
  • Bruce Sires Quoted in Investor's Business Daily on Inheritance Transfer

    About Valensi Rose, PLC
    4 Mar 2014 | 2:57 pm
    Click HERE to view full article: Contact: Bruce Sires
  • Think Your Employee's Bluffing About Coming Back To Work? Be Prepared To Call, And To Show Your Cards.

    About Valensi Rose, PLC
    14 Feb 2014 | 3:39 pm
    By David KrolDavid KrolKelley v. California Unemployment Insurance Appeals Board (Feb. 10, 2014, B244098) __ Cal.App.4th __, 2014 Cal. App. LEXIS 128, is a good example of what an employer should do – or rather, shouldn't do – when considering whether to terminate an employee who's scheduled to return to work after a leave of absence.In April, 2010, Stephanie Kelley filed a complaint with California's Division of Fair Employment and Housing, alleging that her employer, Merle Norman Cosmetics ("Merle") was retaliating against her for reporting ongoing sexual harassment.  One month…
 
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    Law Firm Internet Marketing Blog | Attorney Search Engine Optimization SEO | News & Tips

  • One Out Of Every Three Reviews On Yelp Could Potentially Hurt Your Law Firm #lawyermarketing

    Dustin Ruge
    2 Apr 2014 | 7:30 pm
    Today a story was released in the WSJ about a lawsuit filed against sites that host and manage customer reviews of their companies online. One of the most prominent review sites, Yelp, is at the center of the story. According to one carpet cleaning business owner, his business was negatively impacted by as much as 30% following a rash of negative reviews on Yelp.As we have previously posted, user reviews are critical when it comes to brand management for attorneys. I recently visited with an attorney who had two reviews on Yelp - one of which was highly negative. When I showed her a search of…
  • Maricopa County Bar CLE: LinkedIn Marketing March 25th

    Dustin Ruge
    24 Mar 2014 | 9:23 pm
    Dustin Ruge will be presenting a 1 hour CLE on LinkedIn Marketing For Attorneys at the Maricopa County Bar Association on Tuesday, March 25th at 12noon. Topics covered include: Creating and Updating LinkedIn Attorney Profiles and Pages · Building Referral Networks LinkedIn and Frequency Marketing Using LinkedIn to Better Promote Your BrandFor more information and/or to register: http://mcba.site-ym.com/events/event_details.asp?id=403471  #CLE  #lawyermarketing #LinkedIn
  • New Attorney CLE's March 20th & 21st - Social Media & Attorney Marketing Online #CLE

    Dustin Ruge
    13 Mar 2014 | 8:58 pm
    Dustin Ruge will be presenting two Southern California CLE's next week on Social Media for Attorneys and Attorney Marketing Online. If you are interested in attending either of these events, please see below for details...ATTORNEY MARKETING ON THE INTERNETDATE/TIME:  Thursday  March 20th @  12:00 noonLOCATION:   The Old Spaghetti Factory  (111 N. Twin Oaks Valley Road; San Marcos, CA)SPONSOR:  North County Bar Association INFO:  Vik Chaudhry - (858) 519-7333 MCLE CREDIT HOURS: 1.0 GeneralMORE DETAILS:…
  • 5 Things Attorneys Need To Know About Mobile Advertising

    Dustin Ruge
    10 Mar 2014 | 4:12 pm
    There is nothing new about mobile search unless you are the average attorney. With the fastest consumer technology adoption rates in the history of marketing, mobile is hard to keep up with and more importantly, it is hard for many attorneys to know how this impacts their marketing spending relative to effectiveness. Here are a few things to keep in mind…1.) Fish where the fish are Of all of the ways you can market your law firm practice, there is one channel that is growing at a record pace and that is through mobile. It is hard to not see people with smart phones and tablets anymore both…
  • Building An Effective Frequency Marketing Plan For Your Law Firm #lawyermarketing

    Dustin Ruge
    17 Feb 2014 | 1:16 pm
    One of the biggest mistakes I commonly see lawyers make is in creating ineffective marketing plans. The actions I frequently see are sporadic mailings, setup and infrequent use (or no use at all) of social media, and one-time media buys. My favorite comments from attorneys are when they will start a social media / media / mailing strategy and then stop it saying that they “didn’t see any results” and/or they “are not getting new cases” in continuing these efforts. The genesis of this problem typically emanates from too much focus on the “what” of marketing while lacking a true…
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    Estate Law Canada

  • Executor is charging the beneficiaries to live in the house they inherited

    13 Apr 2014 | 7:31 am
    Does your will contain trusts that affect your children? Are those trusts complete and clear enough to avoid problems? Have you really thought through how it's all supposed to work after you're gone? I received a note from two young people whose parents passed away, and who are now dealing with the executor on their own. Their question and my response are below. Parents, think about whether
  • Resource for executors trying to locate a life insurance policy

    7 Apr 2014 | 7:53 pm
    I'm always in favour of any tools that make an executor's job easier or better. There is a new tool available as of this month: MIB Solutions Inc has a policy locator service that identifies life insurance application information from 450 insurance companies in Canada and the USA. Though the service itself is not new, they now have an online form that can be used, making it much easier to
  • Gloria Vanderbilt fortune not going to son Anderson Cooper

    4 Apr 2014 | 8:30 am
    In a brief article at www.csmonitor.com, CNN news anchor Anderson Cooper talks about his family's wealth. His mother, Gloria Vanderbilt, is apparently worth $200 million, and has told him that he is not going to inherit that money. And he is fine with that. Click here to read the story. In the article, Mr. Cooper states that inheriting a lot of money can result in a person having no real
  • Toronto police arrest 2 for elder abuse, fraud

    2 Apr 2014 | 6:12 pm
    CBC News is carrying a story about Norma Marshall, a 94-year-old woman who alleges that Vera Nunes and her husband defrauded her of her life savings. It appears that Mrs. Nunes gained entry into Mrs. Marshall's life as a housekeeper, then moved her family, uninvited, into Mrs. Marshall's house, took her possessions, and drained Mrs. Marshall's bank account.  Click here to read the story at
  • RDSP: A path to prosperity

    1 Apr 2014 | 5:20 pm
    There is a new article on www.moneysense.ca that is more or less a primer on Registered Disability Saavings Plans (RDSPs). According to the article, even though about 500,000 Canadians are eligible to have an RDSP, only about 78,000 have opened them. This may be a missed opportunity. If you have a disabled child or sibling, you really should read this article to find out more about RDSPs.
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    AZ Attorney

  • Lawyers who blog make an impression, report @NHBAR @KysaCrusco

    azatty
    17 Apr 2014 | 9:30 am
    Attorneys looking for a strategic edge in a tough economy should take a few minutes to read how some New Hampshire lawyers are enhancing their practices and raising their profile. Their solution? Blogging. And the lawyers interviewed by the talented Dan Wise of the New Hampshire Bar Association share the reasons that a law blog makes the difference. Here’s part of the story opening: “‘I thought [blogging] was a great idea, but I figured other people must already be doing it,’” says [attorney Kysa] Crusco. ‘When I went home and did a web search, it turned out that there weren’t…
  • ASU lecture on race relations features attorney Lani Guinier tonight

    azatty
    16 Apr 2014 | 9:30 am
    civil rights attorney and Harvard Law professor Lani Guinier speaks at ASU on Wednesday, April 16. In year 19, ASU continues to invite great people to deliver its A. Wade Smith Memorial Lecture on Race Relations. Tonight’s offering, by civil rights attorney and Harvard Law professor Lani Guinier, promises to keep in that tradition. The event is free, open to the public, and requires no RSVP. But seats are often at a premium. Guinier’s remarks are titled “Rethinking Race and Class.” She will speak tonight at 7:00 pm, in the Carson Ballroom of Old Main on the Tempe campus. As ASU says,…
  • Describing cause of death remains a modern-day challenge

    azatty
    15 Apr 2014 | 9:30 am
    Bills of mortality preceded modern death certificates, and they suffer from similar challenges. Years ago, in a job-related field trip, I attended a tour of the medical examiner’s facility in Clark County, Nevada. As the chief office of the pathologist for Las Vegas and its environs, it was a busy place. Like most of the living, I had never given much thought to the multiple tasks that must be performed on the dead—especially if they died under suspicious circumstances or not under the care of a doctor. As I learned that day, the task of the M.E. is often a complex one. And nothing is…
  • Free legal help offered at @AZStateBar clinics on April 26

    azatty
    14 Apr 2014 | 9:30 am
    Fans of lawyers and the service they provide (count me in) always look forward to Law Day. Traditionally close to early May, Law Day helps cement the important connection between members of the public, attorneys, judges and the rule of law. Searching for “law day” in my blog leads to a surprising number of hits over the years. Clearly, I am taken by the pro bono value attorneys provide (here is last year’s post). And this year is no exception. Like last year, the State Bar of Arizona’s approach will be to offer free legal advice clinics, in the Valley and in Tucson. The clinics will…
  • Well-engineered videos, cats, member engagement via @IEEESpectrum

    azatty
    11 Apr 2014 | 9:30 am
    Here’s what happens when you let engineers near the Interwebs: A beam replicator cat sees into your soul. As you read this, I’ll be attending the annual conference of the ABA Litigation Section. Yes, it’s at the Phoenician Resort, so it’s not exactly digging ditches. But you and I still deserve an easy-squeezy Change of Venue Friday. How about a video? It comes to us from the folks at the Institute of Electrical and Electronics Engineers. Why am I looking at IEEE content? I often find that the best ideas I can steal borrow for Arizona Attorney Magazine come from other industries.
 
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    Law Donut blog feed

  • Effective absence management for people with disabilities

    guestblogger
    31 Mar 2014 | 2:54 am
    Employers should tread with caution when managing disability-related sickness and leave. So what are the key areas to consider? When is a sick employee disabled? For discrimination law purposes, a person is disabled if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. This definition is contained in section 6(1) of the Equality Act 2010. In some cases, it may be obvious to a manager whether the employee is disabled, in other cases it may be necessary to obtain a medical report to consider…
  • Important information from HSE about the workplace health and safety law poster

    guestblogger
    24 Mar 2014 | 4:31 am
    If you employ anyone, you must display the health and safety law poster or provide each employee with a copy of the equivalent pocket-sized card. The poster must be displayed in a place where your workers can easily read it. The poster explains health and safety laws and employer obligations. Details of employee safety representatives or health and safety contacts can be added. The current version of the health and safety law poster was published in 2009. You can continue to display earlier versions until 5 April 2014, as long as they are readable and contain up-to-date contact details. After…
  • How to deal with long-term employee sickness

    guestblogger
    17 Mar 2014 | 3:59 am
    As a small-business owner, every employee will be absolutely vital to your success. Any kind of absence can become a problem, especially when staff members miss work through long-term illness. In these circumstances, it is important that you handle matters in a delicate and legally compliant manner. So what should you do? 1 Assess whether a temporary replacement is needed If another member of staff cannot reasonably cover the absent employee’s responsibilities, and resources allow, you may need to appoint a temporary replacement. This can prevent other staff members from becoming…
  • Protecting your business from the possible consequences of divorce

    guestblogger
    12 Mar 2014 | 5:05 am
    Nearly half of all marriages now end in divorce and the starting point for a division of marital assets is an equal sharing between the couple (depending on individual cases). Those assets can include your business or interest in a business. Thinking about your marriage breaking down can be difficult, but it is important to consider what steps you can take now to protect your business interests in the event of a divorce. Enter into a nuptial agreement This is a written agreement signed by a couple setting out what they want to happen in respect of their financial affairs if their marriage…
  • Are childcare costs still a barrier to workplace equality?

    Fanny M
    6 Mar 2014 | 7:37 am
    News that many families in Britain pay more for childcare than they do for their mortgage won't come as a surprise to many working families. It has long been accepted by most women that if they want to go back to work after having children, at least for the first few years, the majority of their salary will, in all likelihood, be spent on childcare. Unfortunately the affect of this is to put off a lot of talented women from returning to work, especially if they have more than one child - at a cost to both business and the economy. So what can businesses do to help? By recognising the value of…
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    Jasa Meningkatkan Pagerank|Website Juara

  • Prediksi Tottenham vs Fulham Liga Inggris 19 April 2014

    17 Apr 2014 | 8:09 am
    Prediksi Tottenham vs Fulham Liga Inggris 19 April 2014 – Jelang akhir musim, dimana di match day ke 34 kali ini ajang Liga Premier Inggris akan menghadirkan pertandingan yang tak kalah menariknya dengan laga lainya. Dimana pada sabtu mendatang akan terjadi laga sarat gengsi antara Prediksi Tottenham vs Fulham. Di pertemuan peruh kedua pada parub kedua di musim ini, Tottenham yang sejauh ini telah mengemas dua kemenangan dengan dua kali hasil imbang dan satu kali kalah akan menghadapi Fulham kembali.Tercatat dalam pertemuan sebelumnya pada 5 Des 2013 lalu, Tottenham mampu memetik keunggulan…
  • Jelang Pertandingan Atletico Madrid vs Elche 19 April 2014

    17 Apr 2014 | 8:02 am
    Jelang Pertandingan Atletico Madrid vs Elche 19 April 2014 – Prediksi ATM vs Elche – Atletico Madrid yang ingin meneruskan tren kemenangan beruntun mereka. Atletico yang kini berada di puncak klasemen sementara liga spanyol tentu tidak ingin posisinya tergeser jika mereka bisa terus memenangkan pertandingan mereka akan keluar jadi juara. Pelatih Atletico Madrid juga optimis bisa mengalahkan Elche, alasan itu bukan tampa sebab di enam pertemuan terakhir mereka bisa memetik lima kali kemenangan. Sebaliknya di pihak lain anak asuh dari Fran Escribá yang kini duduk di posisi ke 15 tentu…
  • Final Copa Del Rey Barcelona vs Real Madrid

    15 Apr 2014 | 6:03 am
    Final Copa Del Rey Barcelona vs Real Madrid – Prediksi Barcelona vs Real Madrid - Copa Del Rey Barcelona vs Real Madrid – Partai Big Match Final Copa de Rey akan tersaji, dimana Barcelona akan berjuma rival utamanya Real Madrid, di Mestalla, Valencia, Spanyol, Rabu (16/4)Kedua klub memiliki rekor sama selama ajang Copa de Rey musim ini berlangsung. Barcelona dan Madrid sama-sama meraih tujuh kemenangan dan satu hasil imbang, terakhir kali kedua tim ini bertemu pada 24 maret lalu Lionel Messi mencetak hat trick sekaligus mengantarkan Barcelona sementara unggul 4-3 atas Real Madrid pada…
  • Prediksi Skor Arsenal vs West ham 16 April 2014

    15 Apr 2014 | 3:31 am
    Prediksi Skor Arsenal vs West ham 16 April 2014 - Prediksi Arsenal vs West ham - Prediksi Skor Arsenal vs West ham - Prediksi Skor Bola Arsenal vs West ham - Pertandingan ini akan berlangsung di Emirates Stadium — London dan di siarkan langsung pada pukul 01.45 WIB. dalam lanjutan Liga Inggris Arsenal akan menjamu West Ham united pada laga ke 34 akhir musim. The Gunners kini masih berada di posisi lima besar dengan menempati peringkat kelima, dengan mengumpulkan 64 poin yang didapat setelah beselisih jarak yang cukup jauh atas Manchester City yang kini berada di peringkat ke ketiga dengan…
  • Jadwal Sepak Bola Arsenal vs West Ham United

    14 Apr 2014 | 7:32 am
    Jadwal Sepak Bola Arsenal vs West Ham United 16 April 2014 – Prediksi Arsenal vs West Ham United – Pertandingan EPL Liga Inggris matchday ke-34 pekan ini yang akan mempertemukan laga big antara Arsenal versus West Ham United, dimana kedua tim akan saling berjibaku di Emirates Stadium — London dan disiarkan secara LIVE di Bein Sport 3 pada hari Rabu (16/4) pukul 01:45 dinihari wib. Arsenal saat ini sedang berada dalam kondisi onfire, hal ini dirasakan karena baru saja melaju ke partai semifinal piala fa setelah sukses mengalahkan Wigan Athletic (12/4). Oleh karena itu, pada pertandingan…
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    Accellis Technology Group

  • Amicus Attorney for Estate Planning Law Firms

    Colleen Heine
    14 Apr 2014 | 7:57 am
    Law offices working with sensitive information including wills and estates require a practice management system that stands out from the pack and supports the many needs of their practice area. When engaging with clients, personal information such as the deed to their house or private banking details are brought to your office demonstrating trust and respect from your client. Estate planning attorneys must have a solution in place that nurtures their practice of law in order to continue to build that trust and confidence. While Amicus Attorney Premium Edition is designed to work with firms of…
  • What You Should Know About The Heartbleed Bug

    Accellis Technology Group
    10 Apr 2014 | 7:49 am
    Yesterday, researches announced a security flaw in OpenSSL, an encryption tool used to transmit secure data over the Internet. Simply put, they found a loophole that makes it possible for hackers to intercept encrypted data including usernames, passwords,  uploaded content and even credit card data. This flaw has been in place for over two years, however, it wasn’t discovered until very recently. What does this mean? Cracking SSL does not necessarily expose all of your passwords. It means that a hacker could intercept your communications (e.g. from a public Starbucks or Wi-Fi hot spot)…
  • Review of ABA TECHSHOW 2014 (A Vendor’s Perspective)

    Abbie Hosta
    2 Apr 2014 | 12:03 pm
    Accellis Technology Group attended the ABA TECHSHOW 2014 last week in Chicago. While most exhibitors attend primarily to promote their product and sign a few clients, this really wasn’t our main goal. For us, it’s a great way to stay current on new trends and products, as well as to ensure we understand the technology needs of today’s lawyers. It’s also one of the few times throughout the year we get to speak face-to-face with our partners. Computers, no matter how valuable, cannot replace the intimacy of a face-to-face conversation. With that being said, below are a few takeaways…
  • Accellis Recognized as a Top Managed Service Provider

    Accellis Technology Group
    24 Mar 2014 | 12:48 pm
    Cleveland, OH (PRWEB) March 10, 2014 – Accellis Technology Group has landed on the MSPmentor 501 Global Edition list, a distinguished report identifying the world’s top managed service providers (MSPs). The MSPmentor Top 501 defines Accellis as a leading managed services provider in the IT industry. Accellis has experienced solid growth since 2001 and maintains a foundation of more than 1500 end-users across the nation, primarily composed of law firms and professional service organizations. Accellis has also been recognized by the Weatherhead School of Management and Inside Business…
  • Accellis Exhibiting at the 2014 ABA TECHSHOW

    Accellis Technology Group
    23 Mar 2014 | 9:20 am
    Accellis Technology Group will be an exhibitor at the ABA TECHSHOW® 2014 on March 27 & 28 Chicago. If you’re going, stop by booth 409 and say hi! (Don’t worry, we don’t bite.) The ABA TECHSHOW is the leading national technology conference for lawyers. It brings together the best and brightest in legal technology. Whether you’re reviewing new products that improve efficiency and make day-to-day activities easier, or examining technology requirements for firms of all sizes, the ABA TECHSHOW is an event that brings lawyers and technology together in a format that appeals to both…
 
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    The Legal Resource Network

  • Mixing Legal Specialties

    eLocal
    31 Mar 2014 | 4:35 pm
    When hiring a lawyer, many people look for specific types–real estate lawyers, personal injury lawyers, etc. They think about lawyers as fitting into neat categories. However, often reality is more complicated than that, and individual lawyers will work in a variety of related fields. This week, we want to find out more about mixing specialties, and how lawyers mix and match to find the areas of law that are best matched to them. Why we’re asking: Like most professions, there is a lot more to a legal career than meets the eye, and the average layman doesn’t realize how wide…
  • Resources for Adoptive Families

    eLocal
    18 Mar 2014 | 11:00 am
    When it comes time to build a family, there are a lot of different options. For many, adoption is the way to go, because it gives a home to a child who needs it and might not otherwise get it. However, many people are hesitant about adopting children because there are a lot of complications that can arise, both in terms of financial care, and legally. This week, we’re turning to our legal professionals to find out what kinds of resources are out there to help adoptive families after the adoption has gone through. Why we’re asking: Adopted children are just as loved and cared for…
  • What is a title company?

    eLocal
    14 Mar 2014 | 2:42 am
    The process of buying real estate can get confusing very quickly, which is why real estate professionals and lawyers exist. They are there to help homeowners–especially first-time homeowners–navigate the pitfalls and complications of the real estate business. Unfortunately, sometimes even figuring out what kind of help you need can be confusing. The average homeowner might not know the difference between a real estate agent and a real estate lawyer, much less what more specialty organizations like title companies are. We turned to our real estate professionals to help answer the…
  • Realtors and Title Companies

    eLocal
    3 Mar 2014 | 3:32 pm
    When buying property for the first time, there’s a lot that the average future homeowner doesn’t know, and many different industries they’re going to be dealing with for the first time. Some homeowners don’t understand the process well enough to even ask the right questions. To help out, we’ve decided to tackle a question that many people looking to buy property don’t know enough to ask: how does a title company factor into my home buying plans? Why we’re asking: The average home-buyer in the United States is probably familiar with realtors and real…
  • How do you decide between public or private work?

    eLocal
    28 Feb 2014 | 1:05 am
    There are many different aspects of a legal career, and figuring out what specific niche you want to work in is one of the main challenges facing a young, aspiring attorney. Narrowing down specialties is difficult enough, but you also have to consider who you want to work for–yourself, or a public firm? There are many advantages and disadvantages to both, which is why we turned to our experienced attorneys to find out what kind of advice they have. Below, we’ve collected the main points our legal professionals think new attorneys should take into consideration, and listed the pros…
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    CFTC LAW | Forex, Futures and Derivatives Regulatory News

  • TeraExchange Announces First Bitcoin Derivative

    Felix Shipkevich
    28 Mar 2014 | 9:28 am
    TeraExchange Announces First Bitcoin DerivativeTeraExchange has recently announced that it has created a swap involving the average exchange rate of bitcoin and plans to list it on its Swap Execution Facility. This bitcoin derivative was created on behalf of two clients as a bilateral swap, and while neither party has acted upon the agreement, they are expected to soon, according to Reuters. This agreement marks the first time a bitcoin derivative will be traded, and as such, it will be the first time the digital currency will come under regulation from the Commodity Futures Trading…
  • CFTC Public Utilities No-Action Letter Is Welcome Relief

    Felix Shipkevich
    27 Mar 2014 | 9:35 am
    CFTC Public Utilities No-Action Letter Is Welcome ReliefThe Commodity Futures Trading Commission (CFTC) released a no-action letter recently, offering relief to public utilities that were having trouble finding market participants willing to work with them for hedging purposes. The public utilities no-action letter should clear up an issue with the definition of the word “swap dealer” that has been negatively affecting public utilities since 2012. Under normal circumstances, any trader dealing swaps at a total notional volume of less than $8 billion dollars would be exempt from having to…
  • CFTC Struggling to Utilize Current Swap Market Data

    Felix Shipkevich
    26 Mar 2014 | 8:20 am
    CFTC Struggling to Utilize Current Swap Market DataAfter a year of swap data reporting, the Commodity Futures Trading Commission (CFTC) is yet to be able to make any sort of headway on the swap market data it has been collecting, leaving the nearly $700 trillion dollar industry no safer than it was before the 2008 financial crisis. Among a list of reasons for this given by CFTC Commissioner Scott O’Malia during an event, O’Malia mentioned inconsistent reporting and technological issues as major pain points. As it stands right now, the CFTC receives its swaps market data from several…
  • CFTC Criticized Over Suspending Outside Research By Internal Regulator

    Felix Shipkevich
    25 Mar 2014 | 10:18 am
    CFTC Criticized Over Suspending Outside Research By Internal RegulatorThe Commodity Futures Trading Commission’s internal regulator has determined that the CFTC may have been in violation of a federal law that requires the Commission to maintain a research program after suspending outside research from being published. The claim comes from the CFTC’s reaction to a complaint filed by CME Group back in December 2012. According to CME Group, the Commission was illegally allowing outside researchers access to proprietary market data. In its claim, CME Group pointed to a paper published by…
  • CFTC Extends Overseas Trade Rules Deadline

    Felix Shipkevich
    24 Mar 2014 | 12:22 pm
    CFTC Extends Overseas Trade Rules DeadlineThe Commodity Futures Trading Commission issued a no-action letter on Friday stating that the Commission will be extending its overseas trading rules deadline, giving overseas traders more time to comply with the CFTC’s rules. The CFTC and European regulators came to an agreement in February over how both regulators would handle overseas trading rules, where the CFTC agreed to allow US traders to use overseas trading platforms, as long as those platforms were following comparable rules to US platforms. It was expected that European traders would be…
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    The Litigation Consulting Report

  • 7 Tips to Take “Dire” out of Voir Dire

    Laurie Kuslansky
    15 Apr 2014 | 8:31 am
    by Laurie R. Kuslansky, Ph.D.Managing Director, Jury & Trial ConsultingA2L Consulting Jury selection certainly can have dire consequences. A case can be won or lost in voir dire. All you need is one or two strident enemy jurors to pull you down. The truth, typically, is that extremists are removed through cause or peremptory challenges. Who remains tends to be mildly favorable or unfavorable, saddled next to ones who hardly care. The key in voir dire is to identify extremists and understand what it will take to satisfy those who are left.  How can you do that? 1. Invite doubters to…
  • What Can Lawyers Learn From The Presentation Style of Top Educators?

    Ken Lopez
    14 Apr 2014 | 8:30 am
      by Ken LopezFounder/CEOA2L Consulting I sit on the board of a university, and I am passionate about delivering high-quality advice and guidance to the institution. To improve the quality of my work and our board's work, board members are afforded the opportunity to attend a conference focused on how higher education can best be managed and delivered. At this three-day conference, a mix of keynote speeches and a series of small-group sessions creates an environment for learning about topics like effective university marketing, managing a university in an era of tight budgets, the value…
  • Webinar - Integrating Argument and Expert Evidence in Complex Cases

    Ken Lopez
    11 Apr 2014 | 4:15 am
      by Ken LopezFounder/CEOA2L ConsultingOver the past six months, we have conducted three litigation-focused webinars at A2L that have been extremely popular. Thousands of legal industry professionals attended those events live or have since watched the recorded versions we've made available. These popular webinars are listed below and can be watched at your convenience at no charge. PowerPoint Litigation Graphics - Winning by Design Storytelling as a Persuasion Tool at Trial Patent Litigation Visual Persuasion Techniques Today, I am pleased to announce a new live webinar, How Can…
  • 17 Topics We Would Absolutely Love to Speak to Your Group About

    Ken Lopez
    7 Apr 2014 | 11:30 am
      by Ken LopezFounder/CEOA2L ConsultingMy colleagues and I at A2L work hard to be thought leaders in the litigation consulting and visual persuasion industries. So, it is fortunate that we are invited to speak at quite a large number of events every year. Not only do we speak at the legal conferences you'd probably guess we do, but we also have the opportunity to speak at CLE's, litigation lunches, partner retreats, online webinars and even non-legal industry conferences. In the past several years, I have participated in many such events in the legal industry. However, some of the most…
  • Hurry Up and Wait - Using Silence in Depositions, Voir Dire and More

    Laurie Kuslansky
    4 Apr 2014 | 6:00 am
      Laurie R. Kuslansky, Ph.D.Managing Director, Jury & Trial ConsultingA2L Consulting When are you most likely to get the best information?  When you say nothing at all. We frequently notice that — just as a deponent, as an afterthought, is about to drop good information — he or she is interrupted by an unaware, impatient questioner jumping to a new question.  It is in that magic moment when one is pensive and a truth is about to be revealed that somebody invariably steps on it and loses the moment. However, thinking (e.g., remembering facts and engaging in cognitive…
 
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    New Jersey Injury Attorney Blog

  • Construction Workers Injured in New Jersey Parking Structure Collapse

    15 Apr 2014 | 11:43 am
    Two construction workers were hospitalized after being injured by the partial collapse of a parking garage. According to a news report in The Republic, the construction accident occurred at New Jersey's William Paterson University in Wayne. Officials have not released information regarding how the parking garage collapsed, and inspectors are trying to determine if work can resume at the 1,000-space, five-level garage. The two injured construction workers were hospitalized with non-life-threatening injuries. Inspecting construction sites for potential dangers is an important part of keeping a…
  • Gearing Up for Springtime in New Jersey

    26 Mar 2014 | 2:02 pm
    The calendar may say that the spring season has officially arrived, but the winter weather continues to hold out in New Jersey as snowstorms continue to pass overhead. Despite the chilly temperatures and seemingly inescapable snowfall, at Lependorf & Silverstein, we can’t help looking forward to the warmer days of spring that are sure to arrive. It might just be a little later than expected. In anticipation of that day, here are just a few of the top activities and destinations to enjoy this spring in New Jersey. Down the Shore There’s nothing better in the springtime than heading down…
  • Five Tips to Avoid a Motorcycle Accident

    20 Mar 2014 | 1:21 pm
    Riding a motorcycle in New Jersey can be risky due to dangerous roadway conditions and negligent drivers who may not pay attention to motorcyclists. It is important for all riders to protect themselves by practicing safe riding habits. For example, riders should avoid speeding or lane splitting. It is also advisable for motorcycle riders in New Jersey to take a riding safety course, to always wear a helmet, and to make sure that their motorcycle is in good condition. Here are five tips from the motorcycle accident lawyers at Lependorf & Silverstein to help you avoid suffering a serious injury…
  • Fighting Off Cabin Fever during New Jersey’s Freezing Winter Months

    18 Feb 2014 | 4:47 pm
    As New Jersey is blanketed by yet another inch of snow, residents across the state find themselves trapped indoors, watching for signs of spring. While the “polar vortex” may have caused work and school to be canceled for many, that’s little consolation for the restlessness and general unease of spending another day cooped up at home. Here are a few tips to help you get through the seemingly unending winter chill. A Change of Scenery – While it may seem like it’s too simple to be effective, rearranging the furniture throughout your home will make each room feel fresh. Purge items…
  • The Danger of Supersport Motorcycles

    10 Feb 2014 | 2:36 pm
    Between 1996 and 2006, motorcycle fatalities more than doubled in the United States. Motorcyclist deaths have been on the rise even as the number of overall traffic deaths has decreased. Motorcycles simply do not provide enough protection to keep riders safe in the event of a crash. With no airbag, seatbelt, or steel frame to protect them, riders are vulnerable to the elements. Some motorcycles, however, are more dangerous than others. Perhaps the most dangerous type of motorcycle you can buy is a supersport bike. The Insurance Institute for Highway Safety (IIHS) reports that supersport bike…
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    The Ledger Law Firm

  • Personal Injury Cases; File in a Timely Manner or Lose Your Rights

    admin
    15 Apr 2014 | 7:36 pm
    The law provides remedies for those who have been harmed by the actions of another; justice demands nothing less. Yet the procedural nature of the law requires any claim to be filed in an appropriate manner as established by statute. Statutes of limitations define the time period in which an individual can file a law suit and differ based upon the nature of the suit. The General Rule for Personal Injury Cases California law mandates that a person injured by the negligence of another file a claim for damages within two years of the date of injury or of the date of discovery of the injury.
  • 5 STRATEGIES NO ONE TELLS YOU FOR SURVIVING A LAW SUIT

    admin
    17 Feb 2014 | 12:08 pm
    No one expects to go through a personal injury law suit in their lifetime. In fact, taking preventative measures to avoid a law suit is usually a good rule of thumb. Circumstances can change in an instance. Through no fault of your own you may find yourself knee deep in the muck and mire of conflict ill equipped to manage the task at hand. To make matters worse, sustaining an injury that threatens your family, livelihood, and life as you know it may create a level of pressure that is very difficult to bear. Securing an exceptional personal injury attorney to help navigate the legal waters of…
  • Help, I was in a motorcycle accident! Now what?

    admin
    6 Jan 2014 | 4:33 pm
    A traumatic motorcycle accident can shake up even the strongest rider. Unfortunately, part of what makes riding motorcycles so enjoyable – the freedom of the wide, open sky and clear road in front of you – also means you don’t have the protection someone in a car does when an accident occurs. Luckily, as experienced motorcycle accident attorneys here at The Ledger Law Firm –with a few avid riders on our team as well – we will spell out exactly what you need to do. We understand the last thing you can think about right after a motorcycle accident is the logistics. We are here to…
  • The Attorneys At The Ledger Law Firm Offer Free Legal Advice

    admin
    30 Oct 2013 | 9:47 am
    Post accident, get a detailed case evaluation fast & free by calling 800-300-0001.
  • LEFT HAND TURN MOTORCYCLE ACCIDENTS ON THE RISE IN SOUTHERN CALIFORNIA

    admin
    7 Mar 2013 | 6:48 pm
    Riding a motorcycle here in Southern California can be on of the all-time coolest and funnest things to do – rising along the beach on a sunny saturday after noon, sprinting into the mountains or just cruising along the wide open highways. The freedom, the power, the sunshine, the year-round opportunity we enjoy here in SoCal to two-wheel to out hearts content. While motorcycle riding is about as awesome experience as it gets, it does come with it’s drawbacks, risks and liabilities – especially when other drivers are involved. One of the most egregious, and common, accidents happens…
 
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    Alabama Workers Comp Blawg

  • Alabama Court Considers Facts Necessary to Remove Injury from Schedule

    12 Apr 2014 | 6:32 am
    The Court of Appeals recently reversed a trial court’s decision awarding benefits outside of the statutory schedule in American Cast Iron Pipe Company v. Sharon Blackmon. The Court also reversed the trial court’s decision to grant the employee an additional authorized treating physician after she had already chosen a doctor from a panel of 4. Blackmon worked as a pipe processor for ACIPCO, and sustained injuries to her wrist in 2008 and to her ankle in 2010. There was no dispute that the injuries were compensable, but there was disagreement over whether Blackmon’s injuries…
  • Alabama Court Considers Temporary Flare up of a Preexisting Condition

    12 Apr 2014 | 6:27 am
    The Alabama Court of Civil Appeals recently released an opinion wherein it considered the difference between a temporary flare versus a permanent aggravation of a preexisting condition. In Madison Academy v. Hanvey, the plaintiff, worked as a janitor on the defendant’s campus. In May and June 2011, Hanvey was exposed to chemicals at work which aggravated her respiratory system. The symptoms continued to get worse over the next few months. It was not until September 2011 that Hanvey was finally diagnosed with a rare disease known as myesthenia gravis (MG). Her doctors treated the…
  • The Alabama Exclusivity Provision Applied to a Breach of Contract Claim Against Employer

    27 Mar 2014 | 8:04 am
    Sheila W. Austin, as admin. of the estate of Rose W. McMillan v. Providence Hosp. and Sedgwick Claim Management. Services, Inc.   Released March 21, 2014 The deceased employee’s representative appealed Summary Judgment entered by the Mobile Circuit Court in favor of the employer and its claims administrator. The underlying case was based on a breach of contract claim filed by the estate against the employer and administrator. The alleged breach of contract was based on an agreement to settle future medical benefits. On October 27, 2011, the parties agreed to settle McMillan’s…
  • 1099 Not the Only Factor to be Considered When Determining Whether Alabama Contractor Qualifies as Employee

    27 Mar 2014 | 7:57 am
    On March 14, 2014, the Alabama Court of Civil Appeals released its opinion in the case of Michael Brown v. Dixie Contracting Company and Salter’s Exterminating Company, Inc. In that case, Brown sued Dixie and Salter’s for injuries he allegedly suffered in an automobile accident while working for them. The vehicle that Brown was driving at the time of the accident was owned by the owner of Dixie. Dixie and Salter’s are related companies, as the owner of Dixie was a majority shareholder in Salter’s. The two companies operated out of the same building, and they shared a…
  • Alabama Car Accident Probably Handled Differently in New Jersey

    27 Feb 2014 | 6:50 am
    St. Louis attorney, J. Bradley Young, recently posted an interesting blog article entitled This Story Shows Why Employers are Frustrated with Workers Comp Judges. In the article, he reported on a New Jersey case in which the claimant was involved in a car accident while driving off of her employer’s property. She was actually in the process of turning out of the employer’s property at the time of the collision. The Coming and Going Rule would have been an excellent defense except for the fact that it was established that the rear bumper of the car was still hanging over the…
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    LegalMarketingMaven.com

  • Quitting Facebook!

    lauralee
    26 Mar 2014 | 10:01 am
    The days of free advertising on Facebook are over. Many firms are up in arms after recent changes to Facebook’s Algorithm, Edgerank, that have altered the way fan page posts are showing up in other people’s newsfeeds. According to this article in Time Magazine , most companies are reporting a reach of less than HALF of what they are used to seeing.  And eventually, Facebook plans to dial that reach down to 1-2% of fans. Nerd translation:  Unless you are advertising with the social media giant, the fans of your firm’s page will rarely see your content when Facebook ultimately has its…
  • 9 Signs You Need A Website Overhaul

    lauralee
    24 Feb 2014 | 4:00 pm
    Spring is just around the corner (thank God!) and now is the perfect time to do a quick audit of your website. The design and functionality of your website is critically important. A website that motivates clients to call the office must be clear, easy to navigate and built to rank well in the search engines. This is your first impression—and you must make it a good one if you expect phone calls from the internet. Here are a few areas to “audit” as we head into spring: 1. Is your contact information displayed prominently on the site? You would be surprised at how many websites we audit…
  • Get First Page Google Rankings In 5 Days Or Less (…Yes, Really)

    lauralee
    28 Jan 2014 | 12:41 pm
    Imagine for a moment if your best prospect found you sitting on the first page of Google, anytime they came looking for your services… They type in their relevant keyword or question, and boom, there you are representing yourself and your law firm.  Best part…they click on your link and land on your website. Pretty cool right? I’m sure you’ve heard it all before.  Get on page 1 of Google, and your lead generation / traffic problems will be solved. But it’s usually never that straight-forward.  There are plenty of companies out there promising to get you on…
  • Secrets Behind Our Last High-Publicity Generating Campaign (+ Goodies For You!)

    lauralee
    19 Nov 2013 | 12:15 pm
    Third-party credibility is absolutely critical for lawyers.  Public skepticism is at all-time highs, which is why you must be positioning yourself as the trusted expert in your community to run a successful law firm.  We’ve written a plethora of articles on our blog about how you can do that. But today we want to point out one way that is much easier than you think.  Having just come off a wildly successful media campaign for our clients,  we wanted to share with you a few tips to get yourself showcased on TV,  radio, newspapers and other publications. Getting exposure through…
  • Ten Simple Affordable Marketing Strategies for Lawyers

    lauralee
    24 Oct 2013 | 10:51 am
    Just like with any other type of small business, a lot of today’s marketing for lawyers should focus on the Internet: web sites, banner ads, blogging, Facebook and Twitter, etc. But you don’t have to take my word for it… According to a survey by The Research Intelligence Group (TRiG), 3 out of 4 consumers seeking an attorney over the last year used online resources at some point in the process. Since most people are spending a great deal of time online these days, it just makes good sense to invest your focus there as well. Time, effort, and money should absolutely be devoted to…
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    Pam Woldow's At the Intersection

  • DISPATCH TO MANAGING PARTNERS: 5 Key Observations on Law’s Tectonic Shifts

    Pam Woldow & Doug Richardson
    3 Apr 2014 | 5:34 am
    UPDATE: This article won the BigLaw Pick of the Week. BigLaw is a weekly email newsletter that provides helpful information for the world’s largest law firms and the corporate counsel who hire them. For several years now, all us bloggers and pundits have been pushing the Chicken Little button and trying to get your attention. We all have been saying pretty much the same thing: Law firm practice and economics are morphing into a “New Normal,” major paradigm shifts impend, it’s change or die time, yadayadaya. Yes, we do get pushback from law firm leaders, to the effect of, “as far…
  • Game Your Way To Longer Life

    Pam Woldow & Doug Richardson
    12 Feb 2014 | 7:38 pm
    In our last post we discussed legal “Gamification,” that is, approaching certain legal tasks as if they were a competitive game in order to maximize both individual and team engagement and produce superior legal outcomes. In this post we look at “personal gamification” — how you can create stronger personal motivation and resiliency by drawing on some basic game principles. And oh, yeah, live longer, too. How’s Your QWL and SWB? It’s no secret that many lawyers feel that they are living the Sisyphus myth, constantly pushing the same rock uphill and then having it steamroll…
  • It’s All in the Game: Managing Partners Come to Grips with “Gamification”

    Pam Woldow & Doug Richardson
    19 Jan 2014 | 9:53 am
    Many managing partners tell us they are struggling to get their arms around new tools and techniques for driving more efficiency and cost-effectiveness into legal service delivery. Firms are seeing more and more RFPsin which clients make increasingly draconian demands for better management and control of legal work. AFAs (alternative fee arrangements) are reshaping not just pricing and profitability, but the whole way in which matters are staffed and billed. LPM (legal project management) and LPI (legal process improvement) map out prescriptive approaches for scoping, budgeting, performing…
  • Video Interview: Discussing Legal Project Management with LXBN TV

    Pam Woldow & Doug Richardson
    12 Jan 2014 | 4:24 pm
    Earlier today, I had the opportunity to speak with Colin O’Keefe of LXBN regarding legal project management. In the brief interview, I explain why it’s a game-changer for law firms and combat many of the reasons I hear from firms for not employing the tactic.
  • Notes On The New Year – 2014

    Pam Woldow & Doug Richardson
    31 Dec 2013 | 8:40 am
    A young American follower of Shinryu Suzuki, the famed founder of the San Francisco Zen Center, was bewildered by the Master’s abstruse, fractured-English lectures. He finally asked Suzuki if he could summarize the essence of Zen Buddhism in a single paragraph. After pausing for thought, Suzuki smiled at his student.  “Everything changes,” he said. Welcome to the Land of Change in 2014…and Beyond Followers of this blog know that I have tended to focus on the continuing evolution of Legal Project Management (LPM), a discipline reshaping the face of legal service delivery. 2014 will…
 
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    New Jersey Injury Attorney Blog

  • Construction Workers Injured in New Jersey Parking Structure Collapse

    15 Apr 2014 | 11:43 am
    Two construction workers were hospitalized after being injured by the partial collapse of a parking garage. According to a news report in The Republic, the construction accident occurred at New Jersey's William Paterson University in Wayne. Officials have not released information regarding how the parking garage collapsed, and inspectors are trying to determine if work can resume at the 1,000-space, five-level garage. The two injured construction workers were hospitalized with non-life-threatening injuries. Inspecting construction sites for potential dangers is an important part of keeping a…
  • Gearing Up for Springtime in New Jersey

    26 Mar 2014 | 2:02 pm
    The calendar may say that the spring season has officially arrived, but the winter weather continues to hold out in New Jersey as snowstorms continue to pass overhead. Despite the chilly temperatures and seemingly inescapable snowfall, at Lependorf & Silverstein, we can’t help looking forward to the warmer days of spring that are sure to arrive. It might just be a little later than expected. In anticipation of that day, here are just a few of the top activities and destinations to enjoy this spring in New Jersey. Down the Shore There’s nothing better in the springtime than heading down…
  • Five Tips to Avoid a Motorcycle Accident

    20 Mar 2014 | 1:21 pm
    Riding a motorcycle in New Jersey can be risky due to dangerous roadway conditions and negligent drivers who may not pay attention to motorcyclists. It is important for all riders to protect themselves by practicing safe riding habits. For example, riders should avoid speeding or lane splitting. It is also advisable for motorcycle riders in New Jersey to take a riding safety course, to always wear a helmet, and to make sure that their motorcycle is in good condition. Here are five tips from the motorcycle accident lawyers at Lependorf & Silverstein to help you avoid suffering a serious injury…
  • Fighting Off Cabin Fever during New Jersey’s Freezing Winter Months

    18 Feb 2014 | 4:47 pm
    As New Jersey is blanketed by yet another inch of snow, residents across the state find themselves trapped indoors, watching for signs of spring. While the “polar vortex” may have caused work and school to be canceled for many, that’s little consolation for the restlessness and general unease of spending another day cooped up at home. Here are a few tips to help you get through the seemingly unending winter chill. A Change of Scenery – While it may seem like it’s too simple to be effective, rearranging the furniture throughout your home will make each room feel fresh. Purge items…
  • The Danger of Supersport Motorcycles

    10 Feb 2014 | 2:36 pm
    Between 1996 and 2006, motorcycle fatalities more than doubled in the United States. Motorcyclist deaths have been on the rise even as the number of overall traffic deaths has decreased. Motorcycles simply do not provide enough protection to keep riders safe in the event of a crash. With no airbag, seatbelt, or steel frame to protect them, riders are vulnerable to the elements. Some motorcycles, however, are more dangerous than others. Perhaps the most dangerous type of motorcycle you can buy is a supersport bike. The Insurance Institute for Highway Safety (IIHS) reports that supersport bike…
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    Simmons & Fletcher » Blog

  • South Texas Eagle Ford Fracking Regulations Protect Industry More than Residents

    admin
    4 Apr 2014 | 12:06 pm
    Should South Texas residents fear the air they breathe? Texas air quality is monitored and regulated by the Texas Commission on Environmental Quality (TCEQ), which is headed by three governor-appointed officials. The advocacy organization TruthOut recently published a revealing article…The post South Texas Eagle Ford Fracking Regulations Protect Industry More than Residents appeared first on Simmons & Fletcher.
  • Breaking News: Massive Apartment Complex Fire Near Downtown Houston/Montrose

    Paul Cannon
    25 Mar 2014 | 11:15 am
    An apartment complex that was being built is burning near Downtown Houston, Texas today as firefighters work furiously to control the blaze.  The blaze began between noon and 1:00 p.m. today.  This construction site is located in the Historic Montrose …The post Breaking News: Massive Apartment Complex Fire Near Downtown Houston/Montrose appeared first on Simmons & Fletcher.
  • 2 Million Toyotas Recalled: Now Sudden Deceleration, Not Acceleration Danger

    Paul Cannon
    13 Feb 2014 | 8:38 am
    Toyota recalled close to 1.9 million vehicles in February of 2014 because of a glitch in the software that controls advanced breaking and acceleration features in late Prius, Tacoma, Rav 4, and Lexus models. The recall comes just two months …The post 2 Million Toyotas Recalled: Now Sudden Deceleration, Not Acceleration Danger appeared first on Simmons & Fletcher.
  • Breaking News Houston-Overturned Truck Spilling Fuel on Heights Blvd at I-10

    jlong
    10 Feb 2014 | 10:18 am
    An overturned oil tanker crashed while heading east on I-10 east in westbound lane at Heights Blvd. near downtown Houston. Emergency personnel are on the scene trying to clear the area as safety concerns continue to escalate. HPD, the Houston …The post Breaking News Houston-Overturned Truck Spilling Fuel on Heights Blvd at I-10 appeared first on Simmons & Fletcher.
  • The Myth That Rear-End Accidents Are Automatically the Fault of The Rear Vehicle in Texas

    Paul Cannon
    1 Jan 2014 | 3:36 pm
    There is an erroneous belief held by many that if you rear-end someone in Texas, you are automatically at fault for the accident. This statement is far from the truth and demonstrates a misunderstanding of how Texas personal injury law …The post The Myth That Rear-End Accidents Are Automatically the Fault of The Rear Vehicle in Texas appeared first on Simmons & Fletcher.
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    Palmer Law Firm

  • NHTSA’s Ad Campaign: U Drive. U Text. U Pay.

    Eric Palmer
    9 Apr 2014 | 7:15 am
    The National Highway Traffic Safety Administration (NHTSA) has launched a new advertising campaign to kick off National Distracted Driving Awareness Month.  The ad campaign is aimed at raising awareness about the dangers of texting and driving. The campaign uses a text-lingo oriented slogan of “U Drive. U  Text. U Pay.”  To spread awareness of the campaign, the NHTSA has launched a website at Distraction.gov and is currently spreading a rather graphic 30-second video that depicts the violent consequences that can stem from distracted driving.  Viewer discretion is advised.If…
  • Ralph Palmer Named Super Lawyer and Top 100 Lawyer for 2013

    plfadmin
    15 Jul 2013 | 11:37 am
    Ralph Palmer has once again been named a Super Lawyer for 2013. Since 2003, Mr. Palmer has been annually named a Super Lawyer.Mr. Palmer has also been named to the esteemed list of “Top 100 Lawyers” for Minnesota by the Super Lawyers organization.Mr. Palmer has a broad background in the area of Minnesota and Wisconsin personal injury law. He has handled wrongful death claims, fall down cases, and liquor liability claims, with an emphasis on representing Plaintiffs in automobile/motorcycle type accidents.If you have been injured, contact Mr. Palmer today to schedule a free consultation.The…
  • Eric Palmer Named Rising Star by Super Lawyers for 2013

    Eric Palmer
    10 Jul 2013 | 12:10 pm
    For the second year in a row, Eric Palmer has been named a Rising Star by Super Lawyers for 2013. The title of Rising Star is given to attorneys that are under the age of 40, and have practiced for fewer than 10 years.  Less than 2.5% of attorneys within the State of Minnesota are recognized as a Rising Star.  The selection process includes peer review and a strenuous final selection process undertaken by the Super Lawyers organization.Mr. Palmer’s legal practice primarily focuses on representing individuals that have been injured in Minnesota car accidents and other types of injury…
  • Minnesota Law on Texting and Driving (Minn. Stat. 169.475)

    Eric Palmer
    15 Jan 2013 | 11:45 am
    Pursuant to Minnesota State Law (Minn. Stat. 169.475 (2008)), a driver cannot use a cellular phone to “compose, read, or send” an “electronic message.” The official definition of an “electronic message” includes, but is not limited to:e-mails;text messages;instant messages;a command or request to access a website (i.e. browsing the internet).An “electronic message” does not include:voice or other data transmitted as a result of making a phone call;or data transmitted automatically by a wireless communications device without direct initiation by…
  • The Dangers of Texting and Driving Featured on NBC’s Rock Center

    Eric Palmer
    15 Jan 2013 | 7:30 am
    The dangers and repercussions of texting and driving were recently featured front and center on NBC’s Rock Center with Brian Williams.  The segment featured a variety of impactful stories of the car accident victims and their families.From the context of criminal consequences, the charges and sentences for texting and driving are relatively slim.  According to Paul Atchley, Ph.D of the University of Kansas, texting while driving is about 6 to 8 times more dangerous than driving while drunk.  The story calls for harsher criminal penalties for those that text while driving.The…
 
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    Strictly Business

  • Venture Capital Term Sheet Negotiation — Part 8: Carve-Outs to Anti-Dilution Provisions and “Pay to Play” Provisions

    Alexander Davie
    13 Apr 2014 | 5:00 pm
    This post is the eighth in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior seven 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, and analyzed anti-dilution provisions. This post…
  • SEC’s Reg. A+ Proposal Has the Potential to Actually Be Useful

    Alexander Davie
    16 Mar 2014 | 2:23 pm
    On December 13, 2013, the SEC issued a proposed rule, which contains a draft of the long-awaited regulations implementing Section 401 of the Jumpstart Our Business Startups Act (JOBS Act), creating a new securities registration exemption commonly known as “Reg. A+.” The rule is actually a revision to an existing exemption called Regulation A.  Reg. A currently exempts small public offerings of up to $5 million in one year from federal securities registration requirements. To make use of the exemption, issuers must file an offering statement, which is a simpler version of the prospectus…
  • Venture Capital Term Sheet Negotiation — Part 7: Anti-dilution Provisions

    Casey W. Riggs
    8 Mar 2014 | 7:15 am
    This post is the seventh in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior six 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, and examined voting rights and investor protection provisions. This post will discuss anti-dilution…
  • SEC Provides Exemption from Broker-Dealer Registration Requirements for M&A Brokers

    Alexander Davie
    2 Mar 2014 | 12:39 pm
    On January 31, 2014 (revised February 4, 2014), the SEC issued a no-action letter to a group of attorneys who requested assurance on an issue that has long been on the minds of securities lawyers: are people who facilitate the sale of a controlling interest in a business involving a transfer of stock — which the Supreme Court has held to be a sale of securities under federal securities laws — required to register as broker-dealers under the Securities Exchange Act of 1934, with all of the attendant expenses and obligations? Who is Affected The attorneys requesting the no-action letter…
  • Venture Capital Term Sheet Negotiation — Part 6: Voting Rights and Protective Provisions

    Alexander Davie
    9 Feb 2014 | 5:42 pm
    This post is the sixth in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior five 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, and discussed the conversion rights and features of preferred stock.  This post will explain how voting rights are typically addressed in a venture capital transaction as…
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    Oklahoma Personal Injury Blog

  • Woman Killed in Tulsa Construction Zone Hit-and-Run Crash

    Maples Law Firm
    10 Apr 2014 | 1:47 am
    A 33-year-old woman was killed in an Oklahoma car accident involving a hit-and-run driver. According to a KTUL news report, the fatal hit-and-run crash occurred on 61st Street between Memorial and Mingo in Tulsa. Officials say the woman was walking with a man in a construction zone when a black or dark gray mid 2000s Chevy truck struck them. Both victims were taken to Saint Francis Hospital, where the woman succumbed to her injuries. Later, a 23-year-old man believed to have caused the crash was arrested and charged with leaving the scene of an injury accident. Under Oklahoma law, all…
  • Maples Law Firm Wins $3 Million Verdict in Fatal Nursing Home Neglect Case

    Maples Law Firm
    8 Apr 2014 | 8:17 am
    The nursing home abuse attorneys at Maples Law Firm recently won a three million dollar verdict for the wrongful death of a patient who was taken to a nursing home facility for physical therapy following a successful colostomy procedure at a local hospital. According to the plaintiffs, the patient underwent a colostomy and was hospitalized at the Chicksaw Nation Medical Center (CNMC) from July 10, 2010 to August 16, 2010. During her treatment at CNMC, the patient was in good physical health with functional independence. She was then transferred to Ballard Nursing Center (BNC) for continued…
  • New Oklahoma Nursing Home Background Check Law Begins Now

    Maples Law Firm
    31 Mar 2014 | 2:33 pm
    When you choose a nursing home for your loved one, you expect a certain level of professionalism from the care providers. There are some Oklahoma nursing homes, however, that hire potentially dangerous care providers who have criminal records. A new state law that went into effect in Oklahoma on March 1 addresses this problem. The Oklahoma Long Term Care Security Act was designed to cut down on abuse and neglect in our nursing home facilities and adult day care centers. Under the law, all new employees must now undergo fingerprint-based background checks. According to a KOCO news report, all…
  • The 4 Most Beautiful Places to Visit in Oklahoma

    Maples Law Firm
    28 Mar 2014 | 2:00 pm
    Oklahoma is a state full of wondrous vistas and gorgeous natural landscapes. Whether you want to go on a romantic getaway or just need to take a break from your daily routine and experience something fresh, there are plenty of options for you to explore. Mountains, waterfalls, hills, and mountains – Oklahoma has everything. You can look at a map and set off on your own adventure. However, if such a prospect seems a bit intimidating, then you can start with our mini-guide to some of the Sooner State’s most beautiful places. Wichita Mountain Wildlife Refuge This grandiose nature spot in…
  • IKEA Recalls Bed Canopies for Strangulation Hazard

    Maples Law Firm
    24 Mar 2014 | 2:01 pm
    Since August 1996, IKEA has sold millions of bed canopies worldwide that are designed to hang over children as they sleep. If you are one of the hundreds of thousands of families in the United States who have a bed canopy from IKEA, the Consumer Products Safety Commission is recommending that you stop using it immediately. In fact, IKEA has announced a massive recall of about 255,000 bed canopies in the United States and 2.6 million worldwide over strangulation concerns. Officials say the recall is related to nine reports of children getting entangled in their bed canopies. In one incident, a…
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    SEQ Legal blogs

  • Online advice: worth the risks?

    Alasdair Taylor
    25 Mar 2014 | 6:12 am
    Whether you are purchasing legal forms and templates, seeking a medical diagnosis, getting insider information when choosing a school or university, or soliciting the opinions of product aficionados on a prospective purchase, there are many ways to get guidance and advice online - but what are the risks for those providing this guidance and advice? In this article I look at the legal issues, with a focus on legal advice. Online legal advice This website has a public Q&A where users can ask legal questions, and I often respond to particular questions asked by users in blog comments. I also…
  • The website operator defence: will it really make a difference?

    Alasdair Taylor
    27 Jan 2014 | 2:45 am
    Website operators facing defamation action over users’ posts can now rely on the new ‘website operator’ defence.  To use the defence, the operator must comply with a prescribed process after receiving a notice of complaint about allegedly defamatory material posted online.  The defence follows increasing concerns about defamatory digital content posted by website users – particularly anonymous users.  But a critical question is, just how useful and cost effective will the new defence be in practice? What’s new? The website operator defence under s5(3) of the Defamation Act 2013…
  • 10 key facts about English contract law

    James Normington
    2 Apr 2013 | 8:26 am
    In this article James Normington of New Park Court Chambers explains some of the key points of English contract law. Every businessman and women should be familiar with these concepts.Contracts occur in every business. It might be as simple as the agreement with the milkman to deliver the milk and your obligation to pay for it, or it might be an order you made with a major supplier. There is one thing which you can be certain of, which is that you don’t want to find out there is a problem with your contract when you are walking through the door of a courthouse with a disgruntled person on…
  • Cancellation conundrums: distance sales of goods and services

    Alasdair Taylor
    3 Mar 2013 | 3:18 am
    The Consumer Protection (Distance Selling) Regulations 2000 (the DSRs) contain an intricate set of rules concerning the cancellation, by consumers, of distance contracts for the supply of goods. A different set of rules concerns the cancellation of distance contracts for the supply of services. But nowhere in the Regulations is there any guidance on the cancellation of distance contracts for the supply of both goods and services.For example, supposing you offer a lightbulb supply and fitting services. Customers pay a single fee via your website for both the bulb and the fitting. When does the…
  • Customer testimonials and the law

    Alasdair Taylor
    27 Jan 2013 | 2:11 am
    Testimonials are a good way to reassure potential customers that your business is genuine, and your products or services are well-regarded by existing customers. By way of example, you can see ours here.There are however a couple of legal issues you should bear in mind if you're thinking of collating and publishing testimonials on your website.First, don't make them up!Ethics and evidential issues aside, inventing testimonials is likely to make you a criminal under the Consumer Protection from Unfair Trading Regulations 2008 (which cover marketing aimed at consumers) or the Business…
 
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    » Blog

  • April is National Distracted Driver Awareness Month

    Jay Solnick
    17 Apr 2014 | 5:45 am
    Technology plays an increasing role in enhancing our quality of life, yet such use behind the wheel can have devastating consequences. Distracted driving is an epidemic on America’s highways, and the federal government and many states are committed to ending it. Texting and cellphone use behind the wheel significantly increases a driver’s risk of crashing. Even a single, momentary distraction while driving can cause a lifetime of pain. Driver inattention places other drivers and pedestrians in grave danger. Currently, 43 states, the District of Columbia, and Puerto Rico ban texting while…
  • Deadly Accidents and Pennsylvania Common Carrier Law

    Jay Solnick
    15 Apr 2014 | 6:00 am
    Public transportation, including rails, trolleys, buses and cabs, is an essential part of many people lives. As patrons, we essentially put our lives into the hands of those transporting us to our destination. We want to believe we will arrive safely because safe transit systems are important to us all. However, accidents happen. And, unfortunately, they happen too often. There are still many questions pertaining to the investigation of the train derailment at O’Hare International Airport. Similarly, authorities still investigate the cause of the crash involving a SEPTA bus injuring two…
  • Pennsylvania Lawyers’ Advice on PA Motorcycle Laws

    Jay Solnick
    10 Apr 2014 | 6:00 am
    There have been numerous motorcycle accidents in the area over the past week, including a cyclist killed in a motorcycle-bus accident. In Newark, Delaware a motorcyclist died when he was thrown from his motorcycle and struck by oncoming traffic. Two pedestrians were seriously injured when they were struck by a motorcyclist, who then was thrown from the bike. In November 2013, the National Highway Safety Administration (NHTSA) reported that highway deaths increased to 33,561 in 2012, which is 1,082 more fatalities than 2011. The majority of the increase in deaths involved motorcyclists and…
  • Parental Responsibility Laws for Minor’s Actions While Driving

    Jay Solnick
    8 Apr 2014 | 12:19 am
    Almost every state has some sort of parental responsibility law that holds parents or legal guardians responsible for property damage, personal injury, theft, shoplifting, and/or vandalism resulting from intentional or willful acts of their unemancipated children. There has been an increasing number of horrific incidents of school violence due to bullying. These events have greatly affected students’ academic performance as well as physical and psychological personalities. School districts face impounding legal risks when they fail to adequately remedy bullying. But what about the parents?
  • GM Recall on Faulty Ignition Switch Linked to Numerous Deaths

    Jay Solnick
    3 Apr 2014 | 5:30 am
    On March 18, 2014, the CEO of General Motors (GM) apologized to the public for the company’s failure to recall more than a million vehicles until years after it learned they had potentially deadly defects. The CEO of GM, Mary Barra, admitted something went wrong in the process and the company took too long to issue the recall. The deadly defect was tied to 12 deaths and 31 frontal crashes nationwide. Numerous fatalities and injuries have been pinned to a faulty ignition switch in GM vehicles that would cause the engines to shut down, which kills the car’s electrical power, which affects…
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    Baron & Budd, P.C. | Protecting What's Right

  • Baron and Budd, Co-Counsel, First to Challenge GM, Push for Expedited Discovery in GM Faulty Ignition Recall Lawsuit

    Baron & Budd
    9 Apr 2014 | 12:02 pm
    Firm Claims Recall May Not Be Sufficient for Public Safety LOS ANGELES –(April 9, 2014) –The national law firm of Baron and Budd, along with co-counsel, requested expedited discovery yesterday in the GM faulty ignition recall lawsuit. The firm, which was one of the first to file a lawsuit against GM regarding the faulty ignition switches, prompting a wider recall, is now investigating the efficacy of the recall in light of other public safety concerns. According to information uncovered in the lawsuit, the location of the ignition switch in the recalled vehicles is still problematic…
  • Transvaginal Mesh Patient Awarded $1.2 Million in Ethicon Mesh Lawsuit, Announces Baron and Budd

    Baron & Budd
    4 Apr 2014 | 8:12 am
    Trial Helps Set Precedent for Future Transvaginal Mesh Lawsuits Dallas (April 4, 2014) — Yesterday, a Dallas jury found transvaginal mesh manufacturer Ethicon and its parent company Johnson & Johnson liable for defects associated with the company’s TVT-O transvaginal mesh sling. The mesh patient, Linda Batiste, was awarded $1.2 million for suffering serious health issues from her transvaginal mesh implant. The trial lasted more than two weeks, and is another notable verdict in the transvaginal mesh litigation. The transvaginal mesh lawyers at Baron and Budd support the verdict…
  • Baron and Budd Investigating Injuries Associated With GM Faulty Ignition Recall Problems

    Baron & Budd
    31 Mar 2014 | 3:08 pm
    GM Expands Faulty Ignition Recall By More Than 900,000 Vehicles, Now Targeted By Government Inquiry and Criminal Investigation LOS ANGELES –(March 31, 2014) –On March 28, 2014, GM expanded its already massive recall to include an additional 900,000 GM vehicles. According to reports from The New York Times, at least 12 deaths have been linked to faulty ignition switches in GM vehicles, as well as numerous crashes. The attorneys at Baron and Budd are currently investigating additional accidents, injuries and even deaths that may be related to the GM faulty ignition recall. On March 24,…
  • Baron and Budd Files Lawsuit Against GM Regarding Recent Faulty Ignition Recall

    Baron & Budd
    25 Mar 2014 | 5:49 am
    Recall May Affect More Than 1.6 Million GM Vehicles, Linked to 12 Deaths SAN FRANCISCO –(March 25, 2014) –Baron and Budd, along with co-counsel, has filed a lawsuit against automobile manufacturer GM regarding the company’s recent recall of more than 1.6 million vehicles that are believed to have faulty ignitions. According to news reports, the faulty ignitions may cause certain GM vehicles to stall or suddenly turn off, or even cause the air bag system to fail during an accident. The faulty ignitions have already been linked to 12 deaths, according to reports…
  • Baron and Budd Celebrates Women’s History Month

    Baron & Budd
    13 Mar 2014 | 1:40 pm
    National Law Firm Continues to Advocate for Women Harmed by the Negligence of Pharmaceutical Companies DALLAS (March 13, 2014) – March is Women’s History Month, and the national law firm of Baron and Budd would like to recognize the incredible contributions women have made to this country. Our firm is committed to fighting for the rights of women who have been harmed due to dangerous pharmaceutical products. The Women’s Health Team at Baron and Budd works passionately to provide valuable resources to women who have been harmed and to assist these women in taking legal action…
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    News From Dallas Appellate Attorney Chad Ruback

  • Appellate Judges Tell Dallas Lawyers How to Handle an Appeal

    Chad Ruback
    5 Apr 2014 | 1:48 pm
    The Dallas Bar Association Judiciary Committee recently hosted a panel discussion with three prominent appellate judges.  Catharina Haynes is the only federal appellate judge in the Dallas-Fort Worth area.  After years of sitting as a Dallas state trial court judge, she was appointed to sit on the Fifth Circuit Court of Appeals.  Debra Lehrmann is […]
  • KTVT CBS 11 interview regarding recent appellate opinion

    Chad Ruback
    26 Feb 2014 | 11:14 am
    A couple of weeks ago, I was interviewed by a KDFW Fox 4 reporter regarding constitutional claims raised in recent litigation. Yesterday, I was interviewed by a KTVT CBS 11 reporter regarding an entirely different set of constitutional issues.
  • KDFW Fox 4 interview regarding constitutional claims

    Chad Ruback
    13 Feb 2014 | 1:06 pm
    I was interviewed by a KDFW Fox 4 reporter regarding constitutional claims raised in recent litigation.
  • Dallas Lawyers on Twitter

    Chad Ruback
    11 Oct 2013 | 6:38 am
    I have compiled the following list of Dallas-area lawyers on Twitter and their respective Twitter handles.  The list does not include lawyers west of the Dallas-Tarrant county line.  The list does not include law firms, but does include lawyers who work for law firms. The list includes lawyers who are not currently practicing law (e.g., […]
  • Nathan Hecht Sworn-In as Chief Justice of Texas Supreme Court

    Chad Ruback
    2 Oct 2013 | 7:43 am
    Yesterday, Nathan Hecht was sworn-in as chief justice of the Texas Supreme Court.  The Texas Lawbook published an article I co-authored about Chief Justice Hecht’s tenure on the Supreme Court.  
 
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    Protecting What's Right

  • You Know It’s Bad — But How Bad? Think: Group 1 Human Carcinogen as Classified by the International Agency for Research on Cancer-Bad

    Baron & Budd
    16 Apr 2014 | 1:00 pm
    We have this way of dealing with dangerous things today. Perhaps it’s because the world we live in is so dangerous. The inner “Warning!” reminder goes off multiple times a day — an hour, even. We’ve got the pollution to worry about, all those “I-can’t-even-pronounce-these ingredients!” in our go-to foods, the dangerous kids toys, dangerous cleaning supplies, dangers medications — you name it, it’s probably dangerous and off-limits in some other country. And there are some dangers that we can’t do anything about — right? Think…
  • Dear FDA: Let’s Get This Right, Generic Drug Makers Should Be Held Accountable Too

    Baron & Budd
    15 Apr 2014 | 9:14 am
    It’s a head scratcher. Generic drugs are overwhelmingly more popular than their brand name counterparts, making up around 80 percent of all prescriptions in the United States. Generic drugs sell more than brand, they exist on the market longer than brand — they are often significantly more affordable, they are more popular, end of story. What doesn’t make sense is that while the popularity of generic drugs has soared, generic drugs have been playing by some very old rules, enacted in 1984, which pose significant threats to patients taking generics. The rule goes like this:…
  • The Current GM Recall May Not Be Enough — That’s Why We Have Requested Expedited Discovery In the GM Faulty Ignition Lawsuit

    Baron & Budd
    11 Apr 2014 | 12:05 pm
    ATTENTION ALL GM DRIVERS WITH VEHICLES AFFECTED BY THE GM RECALL: THE CURRENT RECALL MAY NOT BE ENOUGH EVEN WHEN COMPLYING WITH GM’S RECALL RECOMMENDATIONS. The affected vehicles include the Pontiac Solstice, the Pontiac G5, the Saturn Sky, the Saturn Ion, the Chevy Cobalt and the Chevy HHR. If you or someone you know was injured in a car wreck while driving in one of the recalled GM vehicles, please contact one of our lawyers at 1.818-839-2320 or email us here as soon as you can. GM has repeatedly told the public that the vehicles with defective ignition switches involved in the GM…
  • How Even Mesothelioma Patients Can “Own Their Cancer”

    Baron & Budd
    8 Apr 2014 | 1:19 pm
    A popular topic in cancer recovery and patient treatment options today is “owning your cancer.” Or: encouraging cancer patients to take charge of their diagnosis, not just listening to the first doctor, but actively participating in their cancer treatment so that they are in charge. But when it comes to lethal and stealth cancers like mesothelioma, can you “own your cancer?” We think so. Here’s how: Understand that it is still your life. Mesothelioma may have come in, quickly and seemingly out of nowhere, but you are still the same person you were pre-diagnosis,…
  • Breaking News from Dallas, TX: Jury Finds Ethicon Liable for TVT-O Product Defect

    Baron & Budd
    4 Apr 2014 | 2:11 pm
    Just yesterday, the jury announced a verdict in the Batiste v. Ethicon trial which began on March 17, 2014 in the 95th District Court in Dallas, TX. The jury has apparently found that Ethicon puts the con in ethical, returning a verdict of $1.2 million in favor of the plaintiff, ending a dramatic trial two and a half week trial before Judge Ken Molberg. Linda Batiste  is a 64-year-old woman who has spent the majority of her life in Dallas. On January 12, 2011, Dr. John Robert McNabb at the Baylor Medical Center implanted her with an Ethicon TVT-O polypropolene prolene mesh sling as a…
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    Hardwick & Pendergast - Seattle Personal Injury and Car Accident Attorneys

  • Motorcyclist Killed by Drunk Driver in King County

    Hardwick & Pendergast, P.S.
    16 Apr 2014 | 1:36 pm
    A 40-year-old Tukwila man was killed when a driver who officials say may have been impaired crashed into his motorcycle. According to a news report in The Seattle Times, the fatal motorcycle accident occurred in the 400 block of Southwest 156th Street in Burien. Officials have not released information on how the motorcycle and car collided. The motorcyclist was pronounced dead at the scene. The car’s driver was treated for minor injuries before being booked for vehicular homicide. A second motorcyclist sustained minor injuries trying to avoid the collision. Drunk driving continues to be…
  • April is National Humor Month: What is the Point of Laughter?

    Hardwick & Pendergast, P.S.
    7 Apr 2014 | 8:45 am
    This April marks not only the 38th Annual National Humor Month, but also Stress Awareness Month. Coincidence? Probably. But in 1976, comedian and author Larry Wilde, Director of The Carmel Institute of Humor, dedicated the fourth month of every year to spreading awareness for the many benefits of laughter – one of which being its ability to significantly reduce stress. In support of National Humor Month, the legal team at Hardwick & Pendergast, P.S. in Seattle would like to highlight the following facts about humor and laughter. Remember, it’s okay to take time out of your day to…
  • Importance of Preserving the Evidence after a Car Accident

    Hardwick & Pendergast, P.S.
    1 Apr 2014 | 1:48 pm
    Proving the cause of a car accident is an important part of the claim process. Having the evidence necessary to establish that you were the victim of a negligent driver can make the difference between getting fair compensation for your losses and having your claim denied. Therefore, securing and preserving evidence can help bolster your case. Preserving evidence and documenting your injuries is a great way to increase your chances of getting the help, support, and financial compensation you need. If you have been involved in a Seattle car accident, make sure you: Collect information at the…
  • Bicyclist Injured in Bellingham Truck Accident

    Hardwick & Pendergast, P.S.
    21 Mar 2014 | 8:25 am
    A bike rider was hospitalized after being hit by a truck in Whatcom County. According to a news report in The Bellingham Herald, the bicycle accident occurred in the 3400 block of Northwest Avenue in Bellingham. Officials say the rider was in the bike lane when a truck turned into him. The severity of his injuries has not been reported but he was taken to Harborview Medical Center in Seattle. An investigation is underway to determine the cause of the crash and if the driver will face a citation. In Washington, bicycle riders have the same rights and responsibilities as drivers of other…
  • Where Do Seattleites Go During National Reading Month?

    Hardwick & Pendergast, P.S.
    17 Mar 2014 | 8:08 am
    Whether you were born and raised in Seattle or are a brand new arrival, it’s likely that you are well aware that March is National Reading Month. As the second most literate city in the country, according to The Seattle Times, Seattleites enjoy a good book any time of year. We read in coffee shops, on the go, on a ferry, in the park, or in the comfort of our own homes. There’s no getting between a Seattleite and their reading material. In honor of these 31 days dedicated to reading anything and everything, the legal team at Hardwick & Pendergast, P.S. would like to highlight some of…
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    Farah and Farah Legal Blog

  • The 5 Worst Easter Candies

    Farah & Farah
    17 Apr 2014 | 5:26 am
    When it comes to candy celebrations, Easter is only second to Halloween. Every year, kids (and plenty of adults) celebrate with not just colored eggs, but candy and chocolate. Lots of chocolate. And while chocolate bunnies and various egg-shaped goodies are delicious staples of the spring holiday, there are far too many terrible treats, as well. So, for your consideration, here are terrible Easter candies you may have encountered in your many years of holiday celebrations. Easter Candy Corn – It doesn’t matter if it’s orange, white, and black at Halloween or pastel-colored at Easter,…
  • How Do Florida Judges Determine Sole Child Custody?

    Farah & Farah
    7 Apr 2014 | 10:11 am
    In Florida, the law generally recognizes that children will benefit from contact with both parents after a divorce and judges will generally approve a parenting plan in which both parents are responsible for making decisions concerning the child’s education, physical needs, healthcare and emotional well-being. However, in certain instances, it may not be in a child’s best interests to have both parents involved in his or her life after a divorce. A judge may consider if there has been a history of domestic violence within the family, for instance, and award sole parental responsibility to…
  • Governor Scott Rejects Trooper Bonuses Linked to Traffic Citations

    Farah & Farah
    1 Apr 2014 | 5:25 am
    Addressing a controversy that had many Floridians up in arms, Governor Rick Scott said that any thought of linking proposed bonuses for Florida Highway Patrol troopers to the number of traffic tickets they may issue should be considered dead in the water. “The idea that FHP would tie officer bonuses to the number of tickets they write is absolutely outrageous and wrong,” Scott said in a statement. “All state worker bonuses should be based on better — not worse — outcomes for the people of Florida who pay the taxes to fund state government.” The statement from the governor’s…
  • 10 Ways Florida is Unlike Any Other State

    Farah & Farah
    31 Mar 2014 | 5:14 am
    Florida is known for many things: great beaches, amusement parks galore, countless retirement destinations, and a culture that can only be found here. Whether you are a lifelong Floridian or simply want to know more about our state, you may not know the many different things that make our state unique. Here at Farah & Farah, we are always happy to show some Florida pride. Here are 10 ways that The Sunshine State is unlike any other in the nation. We have the most popular amusement park destination in the entire United States: Orlando. The city is home to the Walt Disney Resort and its six…
  • Farah and Farah Work to Protect Local Food Truck and Brewery Rights

    Farah & Farah
    27 Mar 2014 | 2:12 pm
    In recent years, food trucks have become major destinations for people in Jacksonville and all of Florida. These mobile restaurants provide lively, unique dishes that you may not be able to find anywhere close by. Their meteoric rise has not only reinvigorated many businesses, but given new life to local events. However, that may all change with a new bill introduced by Jacksonville City Councilman Reggie Brown. Should the ordinance pass, food trucks may be legislated out of the city entirely. But these are not the only local eateries that have recently come under attack. The new House Bill…
 
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    Pennsylvania Family Law Blog

  • What Happens to Marital Property in a Pennsylvania Divorce?

    Philadelphia Divorce Attorney
    2 Apr 2014 | 11:05 am
    During any divorce in Pennsylvania, the spouses must decide what will happen to their “marital property.”  Marital property includes nearly every item that either of the two spouses acquired during the marriage.  Often, it does not matter whose name is on the title to the property. Marital property includes items like real estate, bank accounts, pensions, investment tools (like stocks and bonds), automobiles, and furniture.  The increase in value of any of these items during the marriage is also considered “marital property.” Pennsylvania law requires an “equitable…
  • How Do I Choose a Pennsylvania Divorce Lawyer?

    Philadelphia Divorce Attorney
    3 Mar 2014 | 3:57 pm
    If you’re looking for an experienced divorce attorney in Montgomery County, Pennsylvania, you may feel that you have more questions than answers.  Divorces impose stress on those who face them, and finding an attorney who will protect your interests and those of your children can feel overwhelming. When looking for a Pennsylvania divorce lawyer, consider several factors: the attorney’s experience, his or her explanations and advice, and your comfort level when it comes to talking to and understanding a particular lawyer. Consider the following tips: Does the attorney specialize in…
  • Types of Divorce Available in Pennsylvania

    Philadelphia Divorce Attorney
    3 Feb 2014 | 3:01 pm
    Pennsylvania law recognizes two types of divorce: “no-fault” and “fault-based” divorce.  Divorcing spouses may each work with an experienced Pennsylvania divorce attorney of their choice when seeking either type of divorce.  In most situations, it is wisest to get the advice and assistance of an attorney to protect your legal rights. Most divorces in Pennsylvania are no-fault divorces.  If both spouses agree that it is time to divorce, they may seek an “uncontested” no-fault divorce.  One spouse files for this divorce, and after 90 days, each spouse may file an Affidavit of…
  • Understanding the Divorce Judge’s Perspective

    Philadelphia Divorce Attorney
    23 Jan 2014 | 3:47 pm
    Nowadays, divorcing couples have several options for ending their marriage without having to face a judge in the court room. Arbitration, collaborative divorce, and mediation allow couples to work out a plan for dividing possessions, debts, and child support that fits their specific situation. While the alternatives to court can be effective for many, there are still numerous circumstances in which divorce court is the best choice. In cases where a couple cannot resolve their differences, it may be necessary to bring in a judge to make a final ruling. If one or both spouses are combative,…
  • Avoiding the Holiday Burnout as a Divorced Parent

    Philadelphia Divorce Attorney
    5 Dec 2013 | 2:43 pm
    The holidays are an already emotionally charged time of year, but as a single parent, you may be fighting off the blues in the wake of a divorce.  On top of an already hectic schedule, you get to juggle decorating, cooking, finding the perfect gifts, and attending family events in an effort to meet everyone’s holiday expectations. It’s not surprising, then, that the Christmas season is a time of overwhelming stress for many divorced parents, which can quickly lead to burnout. Burnout is the physical, emotional, and psychological toll of trying to accomplish too many things at once only…
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    About Florida Lawyers & Attorneys

  • Hernandez Associate Indicted For Witness Tampering, Lying To Grand Jury – CBS Local

    Florida Jury - Google News
    17 Apr 2014 | 9:28 am
    NBC Connecticut Hernandez Associate Indicted For Witness Tampering, Lying To Grand JuryCBS LocalThe U.S. Attorney's Office announced on Thursday that Oscar Hernandez, 23, of Florida, was arrested and charged with obstruction of justice, witness tampering and lying to a federal grand jury. According to court documents, Oscar Hernandez had …Man tied to Aaron Hernandez charged with lying to federal grand juryMy Fox BostonAaron Hernandez associate slapped with fed charges in FloridaBoston HeraldMan connected to Aaron Hernandez indicted, arrested in FloridaNews 13 OrlandoHartford…
  • Redington Shores Florida Criminal Defense Lawyer

    Florida's Top Rated Attorney
    17 Apr 2014 | 9:22 am
    The Best Redington Shores Florida Criminal Defense Lawyer in Florida can be found by visiting BestFloridaLawOffices.com The Best Redington Shores Florida Criminal Defense Lawyer in Florida can be found by visiting BestFloridaLawOffices.com The Best Redington Shores, FL Criminal Defense Law Office, The Legal Offices of Redington Shores Florida, is considered one of the top ranked Florida Criminal Defense Law Teams for a reason: they get the job done. Clients completely concur that this Redington Shores Law team and Associates are the lawyers to possess on your side when you have a case the…
  • Prop 8 lawyer’s views on gay marriage evolving – U-T San Diego

    Lawyer - Google News
    17 Apr 2014 | 9:07 am
    LGBTQ Nation Prop 8 lawyer's views on gay marriage evolvingU-T San DiegoFILE This Sept. 6, 2011 file photo shows Attorney Charles Cooper speaking in a courtroom during a California State Supreme Court hearing in San Francisco. Cooper, the lawyer who argued before the Supreme Court in favor of upholding California's ban on …Book: Lawyer who defended Calif. gay marriage ban is now planning daughter's …Washington Postall 38 news articles »
  • Lawyer Survives Snake Bite – Health News Florida

    Florida lawyer - Google News
    17 Apr 2014 | 7:21 am
    Lawyer Survives Snake BiteHealth News FloridaRyan Toogood stepped out of his car while driving back from a fishing trip to Naples with his girlfriend, and a water moccasin bit him on the big toe, the South Florida Sun Sentinel reports. The lawyer ended up being taken by ambulance to a waiting …and more »
  • LabCorp Should Pay $16M: Jury – Health News Florida

    Florida Jury - Google News
    17 Apr 2014 | 7:21 am
    WPTV LabCorp Should Pay $16M: JuryHealth News FloridaLabCorp should pay$15.8 million for twice misreading Pap smear slides from a patient who later died of cervical cancer, the South Florida Sun Sentinel reports. Darian Wisekal of Wellington, who was married and had two young daughters, was just 37 when …Jury awards $20 million for misread pap smear test that led to cancer deathSun-SentinelJury: LabCorp to pay Wellington family of Darian Wisekal 15.8 million in …WPTVall 6 news articles »
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    MacGregor & Collins, LLP Law Blog

  • Criminal Law Attorney Explained

    Randy Collins
    17 Apr 2014 | 8:05 am
    For some, the question what is a criminal law attorney may seem to have a simple answer, but as is the case with almost anything having to do with law, the in-depth answer is different depending upon a number of different circumstances. The obvious answer is that a criminal law lawyer is the same as a criminal defense lawyer, at least in most cases. The term itself is not one that is used in court documents, nor would you be likely to hear it spoken in a court, but is a commonly used phrase by the general public. Although different lawyers will provide you with completely different services…
  • Newport Beach Mechanic Found Guilty Of Sexual Assault and Burglary in the OC

    Randy Collins
    1 Apr 2014 | 1:03 pm
    Travis Dewayne Batten, a 31-year-old mechanic employed by Newport Beach Fletcher Jones, was recently convicted for multiple counts of sexual assault. An Orange County Jury found him guilty of kidnapping to commit a sexual offense, sexual penetration by a foreign object by force, assault with the intention of committing a sexual offense during the course of a burglary, as well as sodomy by force. Batten’s sentencing is scheduled for May 23rd, 2014. If the court so chooses, he could be ordered to serve 120 years to life in a California state prison. He was convicted for his actions arising…
  • How Jail Informants and Snitches Are Used in Orange County

    Randy Collins
    6 Mar 2014 | 7:50 am
    For better or worse, jail informants are an important part of California’s criminal justice system. Countless cases have been solved and numerous murderers have gone to prison for life with the use of informant testimony being the basis for establishing guilt. Although criminal defense attorneys have been condemning the informant process for years, recent events have placed a spotlight upon prosecutors and county officials over how, and in what manner, cell mate snitches are to be used during the evidence gathering process. What Is Snitching? A jailhouse snitch is a person that gives…
  • Best MacGregor Collins Criminal Defense Blogs of 2013

    Randy Collins
    3 Feb 2014 | 7:48 am
    2013 was a great year for us: we had a variety of different impressive criminal defense trial wins, we assisted more clients than we ever had before, and we managed to produce several useful online resources that have been picked up by companies and individuals all over the globe. Our popularity amongst Orange County locals has been growing for years, but we attribute much of our new-found success to our revitalized internet marketing efforts. Having always placed the needs of our clients first, we made a conscious decision last year to provide those looking for assistance with online…
  • Consequences for Methamphetamine Sales in California

    Randy Collins
    22 Jan 2014 | 8:25 am
    Methamphetamine sales in California and throughout the United States have been a constant for several years. Law enforcement has gone to great lengths to try and curb the use and distribution of crystal meth, but few could have predicted the resilience of those addicted. Whether dealers are using over-the-counter drug smurfs to make their meth at home, or they are smuggling in product from other areas, the ability to distribute methamphetamine is available to anyone with enough resilience to jump through hoops. Unfortunately, the hoops are very very small, and you have to have an enormous…
 
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    PA Law Blogs

  • Gynecomastia and Other Side Effects of Risperdal

    PA Law Blogs
    14 Apr 2014 | 11:45 am
    Atypical antipsychotic drug Risperdal may increase a child or adolescent’s risk of developing gynecomastia, an embarrassing condition that causes males to grow breasts. Risperdal is FDA-approved to treat schizophrenia, acute manic or mixed episodes associated with bipolar I disorder, and irritability linked to autism. The drug can significantly elevate the hormone prolactin — associated with the production of milk in breastfeeding mothers — in children and teens who take the drug, according to a study published in the Journal of Clinical Psychopharmacology in 2006. Boys…
  • GM Should Tell Customers to Stop Driving Recalled Cars, Legal Motion Argues

    PA Law Blogs
    25 Mar 2014 | 6:59 am
    Two General Motors (GM) customers asked a federal judge on Monday to compel the automaker to tell owners of the 1.6 million recalled GM cars to stop driving them until they have been repaired. The couple owns a 2006 Chevy Cobalt and is suing GM for allegedly concealing the ignition defect for more than a decade. The defect, they argue, caused their vehicle and more than a million others to lose resale value. They filed an emergency motion in Texas on Monday and asked a judge to order GM to issue a warning customers not to drive the recalled vehicles. “Any and every driver that is…
  • $7.25 Million Mesothelioma Verdict in PA

    PA Law Blogs
    18 Mar 2014 | 6:48 am
    Anapol Schwartz attorneys Lawrence Cohan and David Carney have obtained a $7.25 million verdict in a mesothelioma case against nine asbestos manufacturers. Carney and Cohan The victim was diagnosed with mesothelioma in January 2010 and died six months later. Edward Merwitz’s exposure to asbestos-containing products — including gaskets, packing, pumps, electric motors, turbines, control boxes and electric wire — occurred in warships at the Philadelphia Navy Yard in the late 1960s. There were no warnings of dangers, and Merwitz was not provided any protection from asbestos.
  • Legal Investigations into GM Ignition Defect

    Anapol Schwartz
    17 Mar 2014 | 9:10 am
    What began as a recall of 800,000 General Motors (GM) cars turned into a massive withdrawal of about 1.6 million total when the company expanded the recall of Chevrolet Cobalt and Pontiac G5 to include even more models with the same product defect. Now, the National Highway Traffic Safety Administration (NHTSA) is investigating GM’s timing of the recall, two congressional committees plan to hold hearings, and the FBI and attorneys are also investigating the situation. The cars’ ignition switches can unexpectedly move out of the run-position and cut off electrical power if jolted…
  • Why Hire a Testosterone Lawyer?

    PA Law Blogs
    14 Mar 2014 | 7:26 am
    You’ve probably heard about the recent studies linking prescription testosterone and heart attack, stroke and even sudden death. Just a few days after the study in JAMA was published, the Internet was flooded with information about these dangers and advice about what to do if you suspect you’re a victim. It’s important to understand the benefit of contacting a testosterone lawyer immediately if you suffered a cardiovascular injury while using testosterone. You have legal rights, and you deserve justice. Drug manufacturers sometimes fail to warn physicians and patients of…
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    New York Business Lawyer Blog

  • Recent Developments In Cybersecurity: What The Federal Trade Commission, Encryption Schemes, and Creative Thinking Have to Do With Your Business

    9 Apr 2014 | 9:34 am
    There are a few recent developments in the field of cybersecurity that businesses, individuals, and fraud investigators alike should take note of. One is a recent case which, if followed, could expand a business' liability for security breaches and the others are new tools businesses possibly could use to protect against that same liability. Digital information, including how to protect it and prevent fraud, is always a fascinating topic. New advances in digital security go hand in hand with ingenuous ways to steal digital information. It is fun to follow, in the same way it is fun to watch…
  • How To Vacate A Default Judgement In New York: Start At The Beginning

    1 Apr 2014 | 5:23 pm
    How to vacate a default judgement in New York is something every potential litigant should know. It is a topic filled with cautionary tales of second chances, heartache and redemption, as we have talked about in the past. It also demonstrates the importance of thinking outside the box when you try to solve an otherwise intractable problem. Normally, when a Defendant comes to you for help vacating a default, he is in a state of panic; the only question is how much. Bad things can happen if the default stands; a defendant might have to pay a judgement on a claim that it could have been able to…
  • Adverse Possession in New York: When Do The New Rules Apply?

    26 Mar 2014 | 10:23 am
    Disputes involving adverse possession of property, or boundary line disputes, in New York always are contentious. As we have previously written, most people take umbrage when someone tries to take their property; property that they paid for, pay taxes on, and have a deed that says belongs to them. Similarly, most people who claim title to land through adverse possession truly believe it belongs to them and only bring claim to it when they find out someone else actually holds legal title to it. Adverse Possession law in New York has been so contentious that major changes were enacted to it in…
  • How Do You Know What To Look For In A Fraud Investigation? Utilize The Right Tools And The Right People

    14 Mar 2014 | 4:59 pm
    Insurance fraud, how it's committed and how it's solved, always is an interesting topic. It's like a crime drama. Whether it's Castle, The Mentalist, or NCIS, you get to see the end result and then figure out how it happened; and you inevitably learn about a couple of mistakes that help it along and a few more that eventually bring it to an end. Real-life examples are not always as compelling as highly-rated TV shows but they do illustrate the problem and show what investigators should, and should not, do to bring it to an end. The ones we will be talking about in this post are Rental Car…
  • Developments in Big Data: Upside, Downside, and Fully Homomorphic Encryption

    11 Mar 2014 | 11:28 am
    There have been a few interesting recent news stories concerning the benefits and dangers of Big Data, for businesses and individuals alike. One even points out a possible middle ground, which can allow the continued use of the vast amounts of data at the disposal of government and businesses, while protecting individual privacy. The benefits of Big Data are not as well-known as they should be. A recent study by Sean Young, assistant professor of family medicine at the David Geffen School of Medicine at UCLA and co-director of the Center for Digital Behavior at UCLA, showed one way that Big…
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    GTH Energy & Natural Resources Law Blog

  • I-937 Updates: New Legislation and New Administrative Rules May Alter Washington's Renewable Portfolio Standard

    7 Apr 2014 | 10:35 am
    As a result of both legislative and administrative action, several notable changes to Washington's Initiative 937 ("I-937", also known as the Washington Energy Independence Act) are on the horizon. While rejecting large-scale reform, the legislature made significant course corrections related to treatment of conservation and conduit hydro projects under the initiative. Those changes, and possibly several others, will be addressed in ongoing rulemaking proceedings at the Washington Department of Commerce and Washington Utilities & Transportation Commission ("UTC"). Two changes to I-937 were…
  • Texas Supreme Court Blows Away Wind Generator Claims, Finds Contracts Assigned Risk of Transmission Congestion to Generators

    2 Apr 2014 | 10:12 am
    Transmission congestion between the wind-rich plans of western Texas and population centers to the east frequently force curtailment of deliveries of electricity from Texas wind farms. In a contract dispute worth tens of millions of dollars, the Supreme Court of Texas recently concluded that wind energy producer FPL Energy assumed the risk of transmission curtailments and therefore must pay contractual damages for delivery failures caused in large part by transmission curtailments. The decision, which turns on specific language addressing transmission curtailments in a contractual…
  • Please Join Us for "Clean Water and Stormwater" Conference

    25 Mar 2014 | 10:39 am
    We're pleased to announce that Eric Christensen will be speaking at Law Seminars International's 14th Annual Comprehensive Conference on Clean Water and Stormwater. Eric will be participating in a panel discussing renewal of the Columbia River Treaty and how this may affect water flows and water quality in the Columbia. We hope to see you there!
  • More Clouds for Coal: Oregon PUC Questions PacifiCorp Expenditures on Coal Fleet

    24 Mar 2014 | 6:45 pm
    March 17 was not a happy St. Patrick's Day for PacifiCorp's coal fleet. Echoing recent actions by the Washington Utilities & Transportation Commission ("WUTC"), the Oregon Public Utility Commission ("OPUC") expressed serious reservations about the assumptions embedded in PacifiCorp's Integrated Resource Plan ("IRP") concerning anticipated expenditures for pollution control equipment at its fleet of coal-fired generators. While the OPUC did not take any specific action, it made clear that PacifiCorp will be required to engage in a substantially more robust modeling of the costs of pollution…
  • LEO Still Roars: FERC Declares Montana PURPA Rules Illegal

    21 Mar 2014 | 3:41 pm
    After the Federal Energy Regulatory Commission's ("FERC") recent lawsuit against the Idaho Public Utilities Commission ended in something of a whimper, many industry observers speculated that FERC would retreat from aggressively challenging states that attempt to unduly restrict the rights of power sellers on the Public Utility Regulatory Policies Act of 1978 ("PURPA"). A long-awaiting FERC decision, issued yesterday, suggests this speculation may have been premature. The decision declares that Montana's PURPA program, which requires many PURPA-eligible projects to win irregularly-scheduled…
 
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    SEC Lawyers Blog

  • Sonn|Erez and Aldarondo & Lopéz Bras File Claim Against UBS For Retiree With Approximately $4.2 Million in Losses Related to Puerto Rican Debt, Leveraged Investment Strategy Recommended by Ramon "Cholo" Almonte and Ricardo Eboli

    10 Apr 2014 | 8:05 am
    Sonn|Erez and Aldarondo & Lopéz Bras recently filed a claim against UBS Financial Services, Inc. and UBS Financial Services Inc. of Puerto Rico on behalf of a retired man who suffered approximately $4.2 million in losses stemming from closed-end funds invested in Puerto Rico debt ("CEFs"). The retiree was a client of Ramon "Cholo" Almonte and Ricardo Eboli, to whom he entrusted virtually all of his irreplaceable retirement savings. Almonte and Eboli recommended a dangerous and unsuitable concentration of high risk Puerto Rico debt and Puerto Rico-focused UBS funds, according to the Statement…
  • Sonn | Erez y Aldarondo y López Bras Retenido Por Más De Unos Ciento Treinta Familias Por Las Pérdidas Sufridas En Relación Con UBS Puerto Rico Tax Bonos Gratis

    4 Mar 2014 | 11:29 am
    Sonn | Erez y Aldarondo y López Bras se han mantenido por más de 130 familias que sufrieron pérdidas derivadas de las inversiones en fondos de bonos libres de impuestos de UBS Puerto Rico . Cientos más inversores han consultado con Sonn | Erez y Aldarondo y López Bras respecto a sus pérdidas , y el deseo de conservar las firmas de abogados para presentar demandas contra las casas de bolsa que vendieron las inversiones a ellos. UBS domina el mercado de la isla a través de su familia de fondos de UBS , que han vendido diez mil millones dólares e incluyen fondos de inversión cerrados…
  • Sonn|Erez and Aldarondo & López Bras Retained by More Than 130 Families for Losses Incurred in Connection with UBS Puerto Rico Tax Free Bonds

    4 Mar 2014 | 11:13 am
    Sonn|Erez and Aldarondo & López Bras have been retained by more than a 130 families who suffered losses stemming from investments in UBS Puerto Rico's tax free bond funds. Hundreds more investors have consulted with Sonn|Erez and Aldarondo & López Bras regarding their losses, and desire to retain the law firms to pursue claims against the brokerage firms who sold the investments to them. UBS dominates the island's market through its UBS Family of Funds, which have sold $10 billion and include closed-end funds managed solely by UBS and another 9 closed-end funds co-managed with Popular…
  • Sonn|Erez Pursuing Claims for Investor Losses in UBS Willow Fund, LLC

    3 Mar 2014 | 1:46 pm
    Sonn|Erez is investigating claims for investor losses in the UBS Willow Fund, LLC, a closed-end investment fund sponsored and sold by UBS. The UBS Willow Fund specialized in distressed debt instruments, and had assets of almost $500 million in 2006. In the first three quarters of 2012, however, the UBS Willow Fund lost almost 80% of it value, and then in October 2012 announced that it would be liquidated. Investors in the UBS Willow Fund are likely to receive pennies on the dollar for their investment. The UBS Willow Fund began to experience dramatic losses after its longtime manager switched…
  • Sonn|Erez Investigating Claims Involving Former Wells Fargo Broker James Busch

    27 Feb 2014 | 6:15 pm
    James Arnold Busch (CRD # 1982074) recently submitted a Letter of Acceptance, Waiver and Consent Order in which he was barred from associating with any FINRA member. See FINRA Case #2013038441201. Busch consented to the entry of findings that he violated NASD Rule 2330 "improper use a of customer's securities or funds " and NASD Rule 2110" standards of commercial honor and principles of trade." Busch worked at various Wells Fargo branches in Georgia, including Brunswick. Many of Busch's customers had both Wells Fargo brokerage accounts and Wells Fargo bank accounts, and Busch had access to…
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    New York & New Jersey Consumer Law Blog

  • Commercial Collections: The "Book Account" & Collection of Accounts Receivable

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

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

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

    15 Oct 2013 | 5:00 am
    New Jersey's Security Deposit Law, N.J.S.A. 46:8-21.1, requires strict compliance by Landlords. The law's most rigid requirement is the timing of the return of the deposit. As soon as a tenancy ends, a landlord should be prepared to follow the precise letter of the law. Even an honest mistake can lead to an award of double the security deposit and attorney's fee's against the landlord.
  • Better to Be Safe Than Sorry: Deductions from NJ Residential Security Deposits

    7 Oct 2013 | 4:35 am
    New Jersey's Security Deposit Law (NJSA 46:8-19) is one of the more tenant-friendly security deposit laws in the US. The Law requires strict compliance (almost to the letter) with each of its parts. Failing to follow the law, in detail, can expose a Landlord to a penalty of double the security deposit and attorney's fees. Landlords and Tenants should be aware of the most common area of noncompliance: Unauthorized deductions.
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    Broward Injury Lawyer Blog

  • Fort Lauderdale Animal Bites and Owner Liability

    14 Apr 2014 | 2:19 pm
    Any animal owner whose pet inflicts harm on another person, through a bite or some other form of attack, can be held liable. Florida, Statute 767.04 holds that a dog owner can be held liable for bites inflicted by their animal to anyone in a public place or lawfully in a private place - regardless of whether the canine previously displayed any signs of viciousness. Our Fort Lauderdale dog bite lawyers work with animal bite victims to obtain compensation for medical expenses, lost wages and other damages. In some cases, victims can pursue a claim with the owner's homeowner insurance policy.
  • South Florida Weatherman Dies in Bicycle Accident

    8 Apr 2014 | 1:40 pm
    Anyone who had an eye on weather in Southwest Florida had also at some point had an eye on television meteorologist Jim Reif, who over the course of more than 30 years in South Florida gained a reputation as an expert on hurricane formations and an advocate for storm preparedness. Sadly, it was reported by his employer, the NBC affiliate in Fort Myers, that the weatherman was killed in bicycle accident on a recent Sunday afternoon. Officials are still investigating the sequence of events that led to the crash, but it appears the 61-year-old ran into a sign before falling to the ground and…
  • Fort Lauderdale DUI Crashes Remain Spring Break Hazard

    25 Mar 2014 | 8:10 am
    Separate crashes in Florida involving spring-break revelers reportedly involved drivers who had been drinking excessively before getting behind the wheel. Every year it seems we are confronted with the darker side of these mid-term celebrations, most often in the form of injuries sustained or lives lost as a result of drunk driving. Our Fort Lauderdale personal injury lawyers are committed to fighting for justice for victims and their families. Often, these cases are lengthy, not only because they are complex, but because where criminal charges are pending, civil matters must wait.
  • Florida Cyclist, Pedestrian Problem Reflected Throughout the South

    21 Mar 2014 | 7:31 am
    It's been well-established that Florida is the most dangerous state in the country for bicyclists. Where Floridians account for six percent of the nation's population, about 1 in 5 bicyclist deaths occur here. What a recent report in The Atlantic reveals is that similar trends are reflected throughout the Southern U.S., a combination of a growing number of cyclists, poor infrastructure design and a lack of dollars dedicated to addressing the issue. Fort Lauderdale bicycle accident attorneys know that pending the initiation of "Complete Streets" projects (which may soon become mandatory for…
  • Fort Lauderdale Hit-and-Run Bicycle Accident Victims Left with Insurance Fight

    14 Mar 2014 | 12:59 pm
    Scores of riders have been injured in South Florida bicycle accidents in recent years. To offer up just a few examples: --A 49-year-old bicyclist was killed after being struck by a pickup truck driver in the 1800 block of Northwest 31st Avenue in Lauderhill in November 2012. The driver was stopped by police several blocks away. --A 24-year-old doctoral student with a blood-alcohol level three times the legal limit was arrested in November after he struck a bicyclist in Boca Raton before fleeing the scene. He left his bloodied car at a stop light before stumbling into a gas station parking…
 
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    Chicago Immigration Lawyer Blog

  • Immigration Reform: National Day of Action

    15 Apr 2014 | 2:08 pm
    Last Thursday, I joined hundreds of other attorneys in Washington, D.C. to lobby for immigration reform as part of AILA's National Day of Action 2014: Taking on the House. I am so glad I had the opportunity to be part of such an important movement because America simply cannot push immigration reform off to the side any longer. The Department of Homeland Security already deports almost 400,000 people each year, leaving behind broken families and communities. In addition, the U.S. misses out on numerous economic opportunities and over $5 billion in additional tax revenues because of the broken…
  • Criminal Convictions

    1 Apr 2014 | 8:44 am
  • Fraud or Misrepresentation

    28 Feb 2014 | 2:13 pm
    There are many grounds of inadmissibility that can prevent someone from being granted a visa, green card or entry to the United States. This post examines one of the four most common grounds of inadmissibility - fraud or misrepresentation. Under INA § 212(a)(6)(C)(i), any person who fraudulently or willfully misrepresents a material fact when they apply for a visa, green card or other type of document to enter the United States is inadmissible. The US Attorney General has the discretion to waive inadmissibility due to misrepresentation or fraud if the immigrant is the immediate relative of a…
  • Unlawful Presence

    7 Feb 2014 | 11:41 am
    There are many grounds of inadmissibility that can prevent someone from being granted a visa, green card or entry to the United States. The four most common grounds of inadmissibility are unlawful presence, fraud, criminal convictions and prior orders of deportation. This post examines the unlawful presence ground of inadmissibility. I-601A provisional waivers allow certain spouses, parents and minor children of U.S. citizens to waive the unlawful presence ground of inadmissibility if they are physically present in the U.S. and remain in the country while applying for the waiver to become a…
  • House Republicans Propose a Path to Citizenship

    28 Jan 2014 | 11:45 am
    The U.S. may move closer to immigration reform this week when House Republicans meet for a three-day GOP retreat to consider various matters including immigration. At the top of the list is an immigration proposal that would involve a narrow pathway to citizenship for the millions of illegal immigrants who are currently in the U.S. The House Republicans have proposed a path to citizenship that differs from the Senate's plan in many ways. Most importantly, the House Republicans are likely to require that immigrants gain legal status and apply for citizenship through the existing legal…
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    South Florida Criminal Lawyers Blog

  • BROWARD D.U.I. MANSLAUGHTER CHARGES FILED AGAINST "2 DRUNK 2 DRIVE" WOMAN

    9 Apr 2014 | 1:24 pm
    On November 17, 2013, twenty-year-old Kayla Mendoza (now aged 21) allegedly drove a car down the wrong way on Broward County's Sawgrass Expressway, causing a fatal collision that took the lives of two young women: Kaitlyn Ferrante and Marisa Catronio, both 21 years of age. According to reports, Ms. Mendoza's blood-alcohol level was nearly twice the legally permissible limit for a driver: 0.15 grams of alcohol per 100 milliliters of blood. After months of investigation, the Florida Highway Patrol has finally arrested Ms. Mendoza, recommending charges of D.U.I. Manslaughter, Vehicular Homicide,…
  • MIAMI BEACH POLICE BELIEB JUSTIN BIEBER WAS D.U.I., ACCUSE POP SINGER OF DRAG RACING

    23 Jan 2014 | 11:43 am
    Apparently, Justin Bieber has spent the morning in the custody of the Miami Beach Police Department. His alleged crimes? Spending the day smoking pot, popping pills, drinking alcohol at a nightclub, and drag-racing a Lamborghini at 4 o'clock in the morning in a residential neighborhood. Or, as the 19-year-old Justin Bieber might say: a typical Wednesday night. Of course, in today's social-media universe, there's already video of the traffic stop online. Apparently, a gaggle of shrilly "Beliebers" were also out at 4 o'clock in the morning, following their favorite troubled teen icon through…
  • I Am Altering the Deal, Pray I Don't Alter it Any Further

    15 Nov 2013 | 9:51 am
    Although this blog is dedicated to the field of criminal law, I cannot help but write about the precipitous decline that the Rule of Law has suffered in this country. Yesterday, the President announced a "fix" to the so-called "problem" of Obamacare, in which millions of Americans have lost their health insurance coverage as a result of the law's mandatory, minimum coverage requirements. Of course, calling this feature of the law a "problem" is absurd. Obamacare was specifically designed to impose minimum, mandatory coverage requirements for health insurance plans. No matter how many times…
  • MIAMI'S ALLEGED FACEBOOK KILLER; OPEN AND SHUT CASE, OR FLORIDA'S NEXT HIGH PROFILE "STAND YOUR GROUND" DEFENSE?

    20 Aug 2013 | 11:01 am
    Earlier this month, a Miami man allegedly killed his wife and photographed her body, before posting the photograph on Facebook. Advertising the alleged crime, the man posted to his Facebook account: "I'm going to prison or death sentence for killing my wife love you guys miss you guys take care Facebook people you will see me in the news my wife was punching me and I am not going to stand anymore with the abuse so I did what I did I hope u understand me." Fascination with the ghoulish photo has generated national interest in the case. The defendant, Derek Mendina, will now forever be known as…
  • A RESPONSE TO THE ALLEGED "BLACK AND WHITE" OF FLORIDA'S "STAND YOUR GROUND" LAW

    19 Aug 2013 | 12:20 pm
    Amiya Fernando, of www.topcriminaljusticedegrees.org, reached out to me with an "infographic," which makes the case that Florida's "Stand Your Ground" law is racially biased. I would post the inforgraphic in its entirety, but I fear that it will take up all of the space on my page. If you want to see it, follow the link: http://www.topcriminaljusticedegrees.org/stand-your-ground/ Needless to say, I strongly disagree with the "infographic's" suggestion. However, before I break down some of my objections, let me make a few preliminary points. First, I believe the law needs some limited reform.
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    South Florida Criminal Law Blog

  • Race, Schools and Backpack Searches - R.M. v. State

    24 Mar 2014 | 7:23 am
    If you read this blog regularly, you know that we spend a fair amount of time in this space discussing the law as it applies to searches and seizures, whether it's at a home, in a car or on the street. As Florida's Third District Court of Appeals explains in R.M. v. State, the rules surrounding these issues change when the search takes places at a school. R.M., a minor, was determined delinquent after an incident in which he was found carrying a gun on the campus of his Dade County school. According to the Court, a young student at the school told an administrator that he'd seen three older…
  • Florida Drug Conspiracy Law 101 - Hampton v. State

    17 Mar 2014 | 9:55 am
    "Conspiracy" is one of those legal terms that's often thrown around and of which many people are at lease vaguely aware, but relatively few actually understand. Generally, the law defines a conspiracy as an agreement between two or more persons to commit a criminal act. In Hampton v State, the state's Fifth District Court of Appeals explains the basic requirements of a conspiracy charge as they apply to alleged drug trafficking. Mr. Hampton was charged with conspiracy to traffic in cocaine after a police officer in Sanford learned that he was operating as a low-level drug dealer in the area.
  • Double Jeopardy, Lesser Offense Rules in Florida Criminal Cases - Tuttle v. State

    10 Mar 2014 | 8:08 am
    Details matter. In Florida criminal cases, the difference between being charged with one crime over another can have a big impact on whether a criminal defendant is ultimately convicted and on how much time he or she may eventually have to spend behind bars. In Tuttle v. State, Florida's Second District Court of Appeals takes on what may at first seem like a technical dispute over legal intricacies. But it is exactly these kind of issues that can make or break a case. Mr. Tuttle was charged with second degree murder, armed burglary and attempted home invasion stemming from a tragic, fatal…
  • Florida Prescription Drug Trafficking Cases Against Medical Professionals - State v. Sanchez

    3 Mar 2014 | 9:01 am
    While it may seem like a technicality, the specific section of a Florida criminal law under which a person is charged can make a huge difference in the outcome of the case. Prosecutors are required to be precise in charging individuals with crimes, and the failure to do so may result in those charges being dropped, dismissed or reduced. This is particularly true in drug cases, where the amount of drugs in question often determines the severity of any punishment. In State v. Sanchez, Florida's Fourth District Court of Appeals explains how charging precision is also important in prescription…
  • Florida Court Shoots Down "First Complaint" Exception in Sexual Battery Case - Browne v. State

    26 Feb 2014 | 9:49 am
    Sexual battery and assault cases are serious matters that should be investigated and prosecuted as such. That's why it's so important that both the applicable criminal laws and the evidentiary rules as to how they are enforced be followed strictly. In Browne v. State, Florida's Fourth District Court of Appeal explains one such rule - the general prohibition on hearsay evidence. Dr. Browne, a physician, was charged with attempted sexual battery stemming from an incident in which he allegedly forced himself on a female college student. According to the Court, the victim had been shadowing…
 
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    South Florida Car Accident Law Blog

  • Florida Court Takes on Insurer's Stalling Tactics in Uninsured Motorist Case - Safeco Insurance Company v. Rader

    26 Mar 2014 | 9:37 am
    Despite what they may tell you, auto insurance companies don't always have your best interests in mind. In fact, many will go to great lengths to try to avoid or limit claims that are perfectly reasonable and clearly covered under the applicable policy. That includes clogging up the legal process with a wide variety of stalling tactics, technical disputes and appeals. In Safeco Insurance Company v. Rader, Florida's First District Court of Appeals takes a look at one insurer's attempt to limit liability by trying to force an insured driver to file claims for uninsured motorist (UM) benefits…
  • Court OKs Florida Car Accident Claim against Auto Lender - Walters v. Flag Credit Union

    19 Mar 2014 | 8:33 am
    In Florida car accident cases, much of the finger pointing is inevitably directed at the drivers involved. But there is a wide range of third parties who may also be liable in the event of a crash, including passengers, auto manufacturers and insurance companies. Liability may even extend to a car finance company, as the U.S. District Court for the Northern District of Florida recently noted in Walters v. Flag Credit Union. The case stemmed from a Florida car accident in which Mr. Walters' vehicle was totaled. Walters had purchased the vehicle with a loan from Flag Credit Union. He also…
  • Suing Florida Auto Insurance Companies for Breach of Contract - Arnold v. Wausau Underwriters Insurance Company

    12 Mar 2014 | 6:35 am
    It's an unfortunate reality that auto insurers don't always have their clients' best interests in mind. There are a number of ways in which these companies look to limit coverage payouts after an accident, including the so-called "rejection" of coverage at issue in Arnold v. Wausau Underwriters Insurance Company. Mr. Arnold filed a claim with Wausau seeking uninsured motorist coverage following an October 2011 car accident that occurred while Arnold was working as a "Road Ranger" for Roy Jorgensen Associates. RJA held an auto insurance policy with Wausau, which originally included $1 million…
  • Florida Bad Faith Insurance Claims Require Detail, Facts - Rodriguez v. Integon

    5 Mar 2014 | 6:23 am
    Florida law generally requires auto insurance companies to act in "good faith" when handling claims against the people they insure. Failure to do so can result in a lawsuit, either by the insured individual or family or by those with claims against them. In Rodriguez v. Integon, the U.S. District Court for the Middle District of Florida explains the basics of a bad faith claims and reminds us that a complaint must provide sufficient allegations for a court to determine whether those claims are viable. Alex Rodriguez was injured in an October 2010 car accident in which the car he was driving…
  • Jurisdiction Over Third Parties in Florida Car Accident Cases - Marina Dodge v. Quinn

    27 Feb 2014 | 10:27 am
    When a car accident happens, most of the finger pointing that follows goes on between the drivers of the vehicles involved (and their insurance companies). There is a wide variety of third parties, however, who may also be responsible for a crash. In Marina Dodge v. Quinn, Florida's Fourth District Court of Appeals explains that injured persons who go after one or more of those third parties better be sure they're doing so in the right state. Ms. Quinn purchased her car in New York from two local companies, Marina Dodge and Webster Auto Brokers. She was living in Florida when she was later…
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    Marketing Attorney Blog

  • Marketing for Law Firms: Priorities, Purpose, and Pay Grades

    16 Apr 2014 | 8:30 am
    In today's The Legal Intelligencer, reporter Gina Passarella writes about the trend toward sticking "business development" into the titles of many Philadelphia law firm lead marketers. She could have changed the title to "Philly Law Marketers should not let the revolving door hit them on the way out." The latest step (or misstep) for many of these firms is to add or change the CMO title to lead or include "business development" in it. Somehow, law firm management thinks this will make it all better. The irony is that most of the hires and candidates have the same set of credentials as their…
  • WMT: Is there commonality in marketing a law firm and a restaurant?

    21 Mar 2014 | 8:48 am
    In my monthly contribution to Web Marketing Today, I go off the reservation a bit (pun intended) in discussing Open Table, restaurants and customer service compared to professional services, law firms and client service. In Using Customer Reviews to Drive Sales, I discuss positive (and negative) customer service experiences and how the same concepts and data drive similar patterns for a law practice. Fine dining is a centerpiece in the health and well-being of my marriage. Every Saturday night is date night, come hell or high water, and with it one of many great restaurants in the…
  • The Marketing Value of Work-Family Balance

    14 Mar 2014 | 2:55 pm
    Perhaps this post is just an excuse to brag about my wife, Ivy Brown, who was recently honored as a Working Mother of the Year in the advertising industry by Working Mothers Magazine and the Advertising Women of New York. The event itself was pretty remarkable. There were more than 750 attendees in the grand ballroom of the Marriott Marquis in New York City. The tables were a who's-who of leadership from blue chip companies--from Johnson & Johnson and Comcast to Facebook and Sony. The commissioner of the National Basketball Association was at the NBA table, honoring a working mom from his…
  • LP Magazine - The Impact of the Three R's: Ratings, Rankings and Reviews

    11 Mar 2014 | 2:08 pm
    In the March/April 2014 issue of the ABA's Law Practice magazine, I address a law firm marketing topic that never seems to lose steam--the impact of lawyer ratings, rankings and reviews on the legal profession. Of course, I should not really complain. The topic has proven to be great fodder for my Pennsylvania Bar Institute ethics courses; I've been quoted countless times in the media on the subject; in the ABA Law Practice Division, we led the "educational" charge with major panels (and participation from all the players in the business) for both the ABA Law Firm Marketing Strategies…
  • WMT: Super Bowl Sunday Brings a Lawyer the Ultimate Viral Video

    11 Feb 2014 | 1:09 pm
    Know your audience. That is my response to the many "water cooler" conversations about what might be the most successful lawyer viral video to date. I'd love to know--and will likely ultimately ask him--what expectations Jamie Casino had when deciding to buy expensive and lengthy local TV ad time on the Super Bowl; and, more importantly, was it a successful new business generator? But for a personal injury practice looking to stand out in a crowded field to an everyday Joe audience--BINGO. In this month's Web Marketing Today article, I discuss the wild, raging online viral video success of…
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    Dallas Divorce Law Blog

  • What if we aren't getting married - can we still agree on stuff?

    Michelle O'Neil
    16 Apr 2014 | 8:12 am
    Even if you aren’t getting married, couples can still reach agreements about their relationship or joint property in Texas. When two people live together but are not married, a cohabitation agreement can define the parameters of their financial relationship. For example, a cohabitating couple could agree as to how their money will be held jointly and separately, as well as who pays which of the household bills.  If an unmarried couple plans to purchase a house together, a cohabitation agreement can address each party’s ownership interest, how the mortgage will be paid, and…
  • April 15th Is an Important Deadline for Primary Conservators

    Katie Lewis
    15 Apr 2014 | 10:46 am
    Not only is April 15th an important deadline for every American when it comes to filing their annual taxes, in Texas April 15th is a deadline for primary conservators to designate their summer weekend possession time with the children. In a Texas Standard Possession Order, the non-primary parent is awarded the 1st, 3rd, and 5th weekends of the summer months as well as 30 days extended summer possession. The primary parent in turn gets to pick one weekend, which occurs during the non-primary parent’s 30 day extended summer possession, to have the children. This election must be made in…
  • After the divorce, what else do I need to take care of?

    Michelle O'Neil
    8 Apr 2014 | 8:05 am
    I found Christie Gammill’s article in this winter’s Texas Family Law Section newsletter interesting in reminding attorneys that the divorce only ends the litigation but doesn’t end the “to-do” list for the client. Here is the list of action items that a divorced party may still need to address once the decree is entered. Ms. Gammill points out that a person doesn’t need to face this list alone.  He or she can employ professionals to accomplish many of these tasks.
  • Is "Conscious Uncoupling" Really Possible?

    Katie Lewis
    7 Apr 2014 | 10:04 am
    Thanks to Gwyneth Paltrow and Chris Martin, “Conscious Uncoupling” has been front and center in the headlines. I discussed this trending phrase in my blog last week. Psychotherapist Katherine Woodward Thomas, the creator of the concept “conscious uncoupling,” describes it as “a break up that is characterized by good will, generosity and respect and a process that leaves both parties feeling valued and appreciated for what they shared. It is a process where two people are striving to minimize the damage that they do to themselves and their…
  • Has my marriage been a farce all of these years?

    Michelle O'Neil
    1 Apr 2014 | 8:05 am
    There is a strong presumption in Texas law in favor of marriage.  When a question arises as to the validity of a current marriage because of a prior marriage, the presumption says that the current marriage is the one that’s presumed valid. You would think there wouldn’t be very many cases on this issue, but I’ve actually seen a couple recently.  Here’s one of those: In re A.M. is a case out of the Dallas Court of Appeals, released 12/16/13.  There, the husband (H2) argued that his marriage to Wife was void because Wife allegedly never divorced her prior…
 
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    Massachusetts Drug Injury Lawyers Blog

  • Lawsuit Claims Bayer Failed to Warn Patients of Yaz/Yasmin Blot Clot Risk

    15 Apr 2014 | 12:38 pm
    A California woman claims to have suffered a painful blood clot after taking Yaz/Yazmin oral contraceptive. She is suing the drug manufacturer, Bayer Healthcare Pharmaceuticals, Inc. for allegedly ignoring the warning signals raised by numerous injuries and deaths related to the drug early on in its distribution. The lawsuit states that, “Bayer marketed the pills as safer than older generation oral contraceptives, despite early reports of at least 50 deaths linked to blood clot complications. Plaintiff Tatiana Barnes is hardly alone in her criticism and legal action against the…
  • Multibillion-Dollar Lawsuits Adding up for Takeda Pharmaceuticals

    10 Apr 2014 | 2:36 pm
    A multibillion-dollar trial involving the drug Actos, manufactured by Takeda Pharmaceuticals, resumes today in a Las Vegas court. Actos is a single-ingredient drug used in conjunction with diet and exercise to help manage blood sugar levels in patients with type-2 diabetes. In the lawsuit, Bertha Triana, 80, and Delores Cipriano, 81 claim that taking Actos led to bladder cancer in both women. According to an article published by Drugwatch, “their attorneys are expected to call experts who will testify about the number of warnings Takeda officials ignored or hid that indicated the drug could…
  • Jury Issues $3M Topamax Injury Verdict Against Johnson & Johnson Unit

    2 Apr 2014 | 3:19 pm
    A jury says that Janssen Pharmaceuticals, a Johnson & Johnson unit, must pay $3 million for not warning a woman that using Topamax during pregnancy could cause birth defects. The plaintiffs contend that 5-year-old Payton Anderson was born with a cleft lip because her mother was prescribed the drug for migraines during the first trimester of pregnancy. Already, she has had several operations and will need more surgeries as she grows older. Janssen disagrees with the Topamax injury verdict. A spokesperson for the pharmaceutical company said that Mrs. Anderson was cautions by four physicians…
  • Accutane Lawsuit Retrial Results in $1.5M Drug Defect Verdict

    20 Mar 2014 | 3:49 pm
    Jurors in a state court have awarded Kamie Kendall Rees $1,587,928 in her Accutane injury lawsuit against drug maker Hoffman La Roche Inc. The ruling comes in a retrial after an appeals court threw out the original verdict of $10.5 million on the grounds that a judge was improper in deciding to bar the manufacturer from presenting evidence about use of the drug. Rees claimed that the manufacturer never warned consumers and healthcare providers about the health risks involved. Like a lot of Accutane patients, she started taking the medication when she was young to treat her acne. She developed…
  • Indian Pharmaceutical Company Ranbaxy Under Fire Again After Latest Recall of Generic Lipitor

    14 Mar 2014 | 8:01 am
    Indian drug maker Ranbaxy Laboratories Ltd. is facing harsh criticism after issuing a recall for more than 60,000 bottles of its generic cholesterol-lowering drug Lipitor. The recall was issued because of a dosage mix-up. A pharmacist discovered a 20-milligram tablet in a bottle marked for 10-milligram tablets. The company confirmed a recall for only select batches of the medication, but it has not yet received any consumer complaints. This recall is the latest of a series of issues for Ranbaxy. In the past year, Ranbaxy came under fire after its quality control and manufacturing practices…
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    New York Real Estate Lawyers Blog

  • Defending Reverse Mortgage Foreclosures

    28 Mar 2014 | 6:20 am
    A recent article in the New York Times discusses the pitfalls of reverse mortgages, including the effect such a mortgage may have on the heirs of the borrowers in question. A recent blog post also examined the possible negative legal ramifications of reverse mortgages on seniors and their surviving spouses. This article will discuss possible legal defenses when a reverse mortgage is being foreclosed, or threatened to be foreclosed, by a lending institution. The first person to be impacted by a reverse mortgage default is usually the surviving spouse of the borrower. This situation can occur…
  • Marital Rights in a New York Estate

    21 Mar 2014 | 8:44 am
    Our clients have inquired as to the consequences of the termination of a martial relationship upon rights in a New York estate. The resolution to this issue depends upon whether the relationship was legally terminated through a divorce and whether the estate is being conducted as an administration or a probate proceeding. Many of us are familiar with those whose relationships end, but who do not legally end the relationship by applying for and obtaining a legally binding divorce decree. In some cases, one of the partners relocates and is estranged to such a degree that they are unable to be…
  • Every Hoarder Needs a Clutter Reduction Program

    12 Mar 2014 | 9:32 am
    Our readers may have read a recent article in The New York Times concerning a compulsive hoarder (or "collector") and his struggle to clean out his rent-stabilized apartment in order to avoid eviction. While this situation is so notorious that it even became the subject of an episode of the television series "Hoarders", unfortunately the issue is not uncommon. This blog post will discuss hoarding in the context of a cooperative or condominium building and the legal remedies that the cooperative or condominium board has to preserve the standard of living of the building's residents. Hoarding…
  • Relgious Land Use Act as Applied in Westchester County, New York

    26 Feb 2014 | 7:24 am
    In 1999, the Town Board of Greenburgh, located in Westchester County, New York, reviewed an application of the Fortress Bible Church to build a church and school on land that it owned within the Town borders. After review by the Town Board, the Board rejected the application, claiming that there were safety concerns regarding inadequate stopping distance from the main road to the Church entrance, as well as general safety issues related to traffic entering and exiting the Church site. After this refusal, the Church filed a lawsuit in the United States District Court for the Southern District…
  • Who Gets My Stuff?

    6 Feb 2014 | 10:47 am
    The Associated Press recently reported about a controversy concerning treasured possessions belonging to Dr. Martin Luther King Jr. Dr. King's daughter Bernice King is currently in possession of his Nobel Peace Prize Medal and personal Bible. Her brothers, who control the Estate, have been attempting to seize these items, so that the Estate can allegedly sell them. There may be a written agreement to which Dr. King's daughter may be subject where she previously agreed to deliver these items to those controlling the Estate. While most of us do not possess such historically important and…
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    Wisconsin Probate & Estate Planning Blog

  • Online and Do-It-Yourself (DIY) Estate Planning

    Attorney Daniel Krause
    11 Apr 2014 | 12:07 pm
    Online and Do-It-Yourself (DIY) Estate Planning With the number of online and do-it-yourself (DIY) legal providers continuing to grow, some of individuals may be wondering if they could do their estate planning themselves. The advertising is seductive: attorneys use similar forms, the cost is significantly less than hiring an attorney, and many of these websites and kits are created by attorneys. In addition, most people think their estates are not complicated, and many think they are just as smart as (or smarter than) professionals. Most professionals know that DIY estate planning can be…
  • Another Added Benefit: Using Your Estate Plan to Protect You From Unwanted Guardianships

    Attorney Daniel Krause
    7 Apr 2014 | 11:10 pm
    In recent years, many studies and reports have discussed the problem of the abuse of the legal procedures of guardianship and conservatorship. In an unfortunately large number of cases, people have used their positions as guardians or conservators as opportunities to grab control of the (often substantial) assets of seniors and other vulnerable adults. While lawmakers in many states have passed legislation to minimize some of the potential for abuse, the risk remains. One way to protect yourself and your family is through estate planning. Earlier this year, The AARP Bulletin reported on the…
  • Carrying on a Family Tradition: Passing the Family Farm to Future Generations

    Attorney Daniel Krause
    20 Mar 2014 | 2:20 pm
    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…
  • Who’s in Your Corner: Your Estate Planner, Your Estate Plan and You

    Attorney Daniel Krause
    6 Mar 2014 | 2:35 pm
    The Attorney General for Minnesota, Lori Swanson, has recently opened a new chapter in an ongoing battle waged by her office: specifically, taking on so-called “trust mills,” the Owatonna People’s Press reported. Swanson’s ongoing pursuit highlights the importance, for anyone considering creating an estate plan, of ensuring the partner you select to help you can provide all the service you need to achieve success in your planning. According to the Minnesota authorities, Heritage Partners, located just outside Minneapolis, convened seminars in area restaurants, where…
  • Celebrity Cautionary Tale #243: Late Movie Star’s Will Demonstrates the Peril of Poor Estate Planning

    Attorney Daniel Krause
    27 Feb 2014 | 12:49 am
    The death of acclaimed, Academy award-winning actor Philip Seymour Hoffman at the age of 46 was a great tragedy to his family, friends and fans. Making the circumstance even worse, estate planning experts concluded that Hoffman’s estate plan was a “mess,” falling prey to many common estate planning mistakes. The sad situation highlights that bad estate planning can happen to anyone, and that each person who cares about his/her estate should be vigilant to avoid the types of errors that befell Hoffman and others. First, Hoffman failed to engage in proper estate plan…
 
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    San Diego Divorce Lawyer Blog

  • In Protracted Child Custody Litigation, Court Denies Mother's Request for Evidentiary Hearing

    8 Apr 2014 | 1:10 pm
    Everyone involved in a child custody case fares better when the matter is handled as quickly and competently as possible - especially the children. Often, these kinds of cases can elicit intense emotions and less than amicable exchanges between the parents. But the parties must keep in mind that the children are at the center of their dispute. And while there are certainly complicated custody cases that will take some time to sort through, parents and their attorneys must always prioritize what is in the best interests of the child - every step of the way. If you are facing a child custody…
  • California Parents Plead Not Guilty to Felony Kidnapping Charges

    1 Apr 2014 | 3:44 pm
    While no child custody case is "routine," some cases are more controversial than others. Most family court custody matters in San Diego involve disputes as to where the children will live (and with whom) and which parent (or both) will be authorized to make important decisions concerning the children's health, education and general welfare. These are issues of a civil nature to be decided by a family court judge. Because of the potentially contentious and heated nature of custody battles, there are some cases that wind up in criminal court, for various reasons. Parents hoping to resolve their…
  • California Court Reviews Factors in Determining the Best Interests of the Child in a Custody Case

    25 Mar 2014 | 11:38 am
    In child custody proceedings arising in San Diego and throughout California, the court must make a determination of what is in the best interests of the child. The state Family Code identifies factors for the court to consider in making the determination. According to the state Legislature, the primary consideration under the statute is the health, safety, and welfare of the child. The court must also consider any history of abuse by one parent against the child or the other parent, the nature and amount of contact with the parents and any substance abuse by either parent. If you are facing a…
  • California Court Upholds Emergency Jurisdiction Under Child Custody Law

    18 Mar 2014 | 2:01 pm
    Parents in San Diego who are engaged in child custody disputes are typically arguing over many of the fine details of legal and physical custody. That is, each parent usually wants to play a significant role in the child's life after a divorce or separation, either by having primary or sole physical custody of the child and/or by being the person with the authority to make important decision about the child's heath, education and general welfare. But family law cases can present many more complicated issues, such as the court's jurisdiction over the custody dispute in the first instance. If…
  • Court Weighs Father's Objection to Mother's Request to Move Children Out of State

    11 Mar 2014 | 1:56 pm
    Child custody disputes have the potential to elicit the most intense emotions on behalf of all the parties involved, including the children. When parents cannot agree on issues surrounding physical and legal custody, the courts must make the decision for them. In far too many cases, one or both parties may be dissatisfied with the ultimate arrangement. Add to this problematic situation, a request by the parent with physical custody to move the children out of state. Parents confronting child custody issues are strongly encouraged to reach out to an experienced San Diego family law attorney…
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    Maritime & Cruise Ship Accident Lawyer Blog

  • Cruise Line Accused Of Subjecting Crew To “Slave-like” Working Conditions

    Gerson & Schwartz, P.A.
    16 Apr 2014 | 6:00 am
    Our Florida Cruise Ship Accident Attorneys have dedicated their decades of experience to representing cruise ship passengers that are injured by the acts or omissions of the cruise ship industry and its employees. However, as this blog has mentioned recently, it is sometimes a cruise ship’s crew that is injured by the negligence of a cruise company. Late last week, the BBC published a report proclaiming that Brazilian law enforcement authorities had boarded a ship belonging to MSC Crociere as it was docked at the city of Salvador, as part of a month-long investigation into allegations of…
  • Gastrointestinal Disease Strikes Royal Caribbean Cruise Out Of Baltimore

    Gerson & Schwartz, P.A.
    14 Apr 2014 | 5:00 am
    Saturday, Royal Caribbean Cruise Lines’ Grandeur of the Seas returned to Baltimore from a seven day journey during which a number of passengers suffered from a gastrointestinal illness causing symptoms of vomiting and diarrhea. The Centers for Disease Control and Prevention (“CDC”) officially issued a cruise ship illness outbreak alert for the ship, on which  111 of 2122 (5.23%) passengers, and 6 of 790 (0.76%) crew, reported falling ill with symptoms of vomiting and/or diarrhea. The CDC still has not officially announced the cause of the illness, but our Florida maritime accident…
  • Royal Caribbean Encounters More Difficulties As Two Ships Suffer Problems Returning To Port

    Gerson & Schwartz, P.A.
    3 Apr 2014 | 6:00 am
    Over the weekend Royal Caribbean’s was struck another blow when two of its ships, the Adventure of the Seas and the Navigator of the Seas, had problems returning to port. The Adventure of the Seas lost propulsion Saturday night after the cruise ship leaked oil and barely made it to San Juan on Sunday. Navigator of the Seas was unable to make port on time due to an oil spill caused by a collision between a ship and a barge. Although the ships were delayed for different reasons, the handling of the incidents by Royal Caribbean is causing the company huge headaches. It would appear that…
  • National Transportation Safety Board Holds Forum To Address Cruise Ship Safety

    Gerson & Schwartz, P.A.
    1 Apr 2014 | 5:57 am
    Yesterday, the National Transportation Safety Board (“NTSB”) commenced a forum in Washington D.C. to address a number of issues related to the cruise ship industry. The meeting will be attended by NTSB representatives, Coast Guard officials, representatives of the International Maritime Organization (“IMO”), and members of the Cruise Line International Association (“CLIA”), the organizer of the meeting. Our Florida cruise ship accident attorneys have been monitoring the forum for any developments. According to a NTSB spokesman, the agency regularly holds forums addressing safety…
  • New Legislation Threatens Ability of Cruise Ship Employees to Receive Compensation for Workplace Injuries

    Gerson & Schwartz, P.A.
    19 Mar 2014 | 6:22 am
    Our Florida Cruise Ship Accident Attorneys have dedicated their decades of experience to representing cruise ship passengers that are injured by the acts or omissions of the cruise ship industry and its employees. However, as this blog discussed last month, on occasion, it is one of the cruise ship’s crew that is injured by the negligence of a cruise company. Generally, cruise ship crew members who are injured on the job are protected by the provisions of the “Jones Act,” as long as they fall under the legal definition of “seamen.” The Jones Act provides that a…
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    Brian M. Mekdsy Legal Services, Massachusetts

  • Winter’s Finally Over: Your Paperwork Needs a Good Spring Cleaning

    Brian M. Mekdsy
    28 Mar 2014 | 6:41 am
    I don’t know about you, but after the winter we’ve just been through here in the Northeast, the arrival of spring is a welcome event – to say the least. I can’t tell you how much I’m looking forward to opening the windows and filling the house with the fresh air of spring, and the [...]Related Posts:5 Items for your Estate Planning “To Do” List…Password Protection Software Can Be A LifesaverA Social Media Will Is No Longer OptionalProtecting Your Digital Assets With Google’s Inactive…8 Questions To Ask When Setting Up A Power Of AttorneyBrian M.
  • Is the US Treasury Worthy of your ‘Charitable Bequest’?

    Brian M. Mekdsy
    28 Feb 2014 | 8:54 am
    As I was going through some of my subscriptions in my feedly tab recently, a headline on the Wills, Trusts & Estate Prof Blog caught my eye: “Loner Makes Mysterious Bequest.” Intrigued, I clicked through the link to get to the full story. The headline from the original Buffalo News article had me even more [...]Related Posts:Sick of Washington’s Games? Start a NonprofitBeware The Fiscal Cliff: Even Middle Class Estate Plans…Series On The Massachusetts Uniform Trust Code: Part 2Series On The Massachusetts Uniform Trust Code: Part 1A Memorial Day Expression Of…
  • 5 Items for your Estate Planning “To Do” List this Year

    Brian M. Mekdsy
    25 Jan 2014 | 12:01 pm
    I’ve never really understood the lure of making “New Year’s resolutions.” If you truly need to change some important aspect of your life, why not start tomorrow? Why wait until the start of a new calendar year to implement a major life change? But I suppose the beginning of the year is as good a [...]Related Posts:A Social Media Will Is No Longer OptionalNational Estate Planning Awareness WeekWinter’s Finally Over: Your Paperwork Needs a Good…5 Things You Can’t Accomplish In Your Will8 Questions To Ask When Setting Up A Power Of AttorneyBrian M. Mekdsy Brian M.
  • Is Your Social Media Privacy Under Attack?

    Brian M. Mekdsy
    10 Dec 2013 | 9:14 am
    Over the past couple of years, social media privacy laws have been cropping up around the country in response to stories about companies and government agencies asking job applicants for the “keys” to their social media accounts. On December 1, New Jersey became the latest state to implement such a law. And for those keeping [...]Related Posts:A Social Media Will Is No Longer OptionalWhat Happens To Your Social Media Accounts After You Die?Protecting Your Digital Assets With Google’s Inactive…How to Plan for a Social Media Afterlife: Tools for ZombiesPassword Protection…
  • Sick of Washington’s Games? Start a Nonprofit

    Brian M. Mekdsy
    2 Nov 2013 | 8:55 am
    I recently completed a blog post for the Blackstone Valley Chamber of Commerce where I outlined some of the benefits and disadvantages of starting a non-profit (or charitable) organization. For someone passionate about a particular cause, non-profit companies are a great way to give back to the community. In many ways, the not-for-profit sector is [...]Related Posts:Is the US Treasury Worthy of your ‘Charitable…Why You Should Read The Declaration Of Independence This 4thBeware The Fiscal Cliff: Even Middle Class Estate Plans…Series On The Massachusetts Uniform Trust Code:…
 
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    The Emplawyerologist

  • Is Your Code of Conduct Unlawful? Ask the NLRB

    Janette Levey Frisch
    17 Apr 2014 | 8:26 am
    Suppose you have been struggling with low morale and lack of cooperation among your employees, low client satisfaction, and high employee turnover. Your company culture needs an instantaneous makeover, and you are not sure if even that is fast enough. What do you do? Using the policies of similar companies as your model, you set up employee teams to address some of the more troublesome issues. You decide that your first goal is to develop a Statement of Values and Standards. The employee team charged with this task comes up with a draft and then distributes it to all employees for review and…
  • Can Your Employees Form a Union?

    Janette Levey Frisch
    10 Apr 2014 | 4:00 am
    Do you have a unionized workforce? Alternatively, are you worried that your employees, might unionize? Why do many employers shiver or grimace at the thought of unions on their premises? Many employers simply fear losing control over a major segment of their employment and business practices. Unions may have the power to force employers to pay higher wages,  delay work in the event of a strike, and generally damage company’s bottom line.  Can yourworkers unionize (assuming they aren’t already unionized)? Can you stop them from forming a union? Can you refuse to recognize a…
  • Does Having Employment Practices Liability Insurance Mean No More Worries About Employment Laws?

    Janette Levey Frisch
    3 Apr 2014 | 7:50 am
    Suppose after reading last week’s post (click here if you missed it) you decide to purchase Employment Practices Liability Insurance (EPLI). While your EPLI may go a long way toward providing you some peace of mind in this area, are you now free to ignore all employment-related laws?  EPLI is certainly one tool that you as an employer may find a worthwhile addition to your risk management portfolio, but is it a cure-all?  What gaps might  you be left with even after you might purchase EPLI? What other risk management steps do you need to take? Let’s see if we can address…
  • Do You Have Employment Practices Liability Insurance?

    Janette Levey Frisch
    27 Mar 2014 | 7:21 am
    Many of you may have heard about Employment Practices Liability Insurance (EPLI).  A good number of you may even have it.  Nonetheless, its emergence into the insurance market and the employment law arena is relatively new, so it’s worth poking around to see what we can learn. What is EPLI? How does it work? Is it a viable, effective risk management tool for employers? Is it simply another gimmick that insurers use to divert money away from unsuspecting employers in order to line the insurance companies’ pockets (more)? Let’s start investigating after the jump… What…
  • Three Tips to Avoid Gender Discrimination Allegations in Recruiting and Hiring

    Janette Levey Frisch
    20 Mar 2014 | 4:00 am
    This week we have a guest blogger.  Her name is Rebecca Gray. Rebecca is a full-time blogger and an information security specialist from Backgroundchecks.org. Her writing focuses on helping consumers keep their private information safe. She also endorses each person’s right to access public information through background checks. Though she writes often about issues involving tech, security, and criminal justice, Rebecca also enjoys writing fiction—usually in the vein of popular thrillers and mysteries. After the jump, Rebecca will be sharing with us some tips on avoiding gender…
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    The Federal Criminal Appeals Blog

  • Short Wins - The "the victims a person is convicted of defrauding have to be the same ones as the ones he was indicted for defrauding" edition

    7 Apr 2014 | 1:37 pm
    Last week was a busy week in the federal circuits. There's a lot there to be interested in, especially if you have a case at the intersection of mental health issues and the law. If, however, your interests are a bit more prosaic, you might want to read United States v. Ward. There, the person accused was convicted of defrauding different people than the indictment alleged he defrauded. Amazing stuff. To the victories! 1. Davis v. Humphreys, Seventh Circuit: The Seventh Circuit indicated that mental incompetence can justify tolling the statute of limitations for a motion under 28 U.S.C.
  • Short Wins - The Forfeiture Order Gets Reversed Version

    1 Apr 2014 | 4:16 pm
    There were a handful of good wins in the federal circuits last week. Notably, United States v. Annabi, pushed back on a government forfeiture because the language in the indictment was inadequate. Forfeiture is a huge issue in criminal cases in federal court these days - it's good to see the home team winning in this area. Also of note is In re Joannie Plaza-Martinez dealing with a sanction of an AFPD. It's sad to see a criminal defense lawyer sanctioned, especially an AFPD. So it's nice to see that sanction reversed. To the victories! 1. In re Joannie Plaza-Martinez, First Circuit: Appellant…
  • Short Wins - The Smurfing Edition

    28 Mar 2014 | 8:45 am
    The big news in this edition of Short Wins is United States v. Abair - a simply crazy Seventh Circuit. I already wrote about it for a general legal audience on Above the Law (Inspector Javert Goes Smurfing in Indiana) - for our purposes, the legal issue is whether she was appropriately crossed on statements in her tax returns or student loan applications. I had a case years ago where the AUSA and I litigated whether he could use similar statements in cross if my client testified. We lost. Happily, we weren't able to appeal the decision, but it's freakin' insane the way this stuff comes in…
  • Short Wins - The Money Laundering Leadership Edition

    18 Mar 2014 | 4:05 pm
    It's a good week for sentencing remands in the federal circuits. To my mind, the most interesting case is United States v. Salgado, where the Eleventh Circuit reversed a district court for considering the person who was being sentenced's role in the underlying offense that money was laundered in connection with, when the person was sentenced for money laundering. When you're figuring out the guidelines, the Eleventh Circuit said you can't do that. Mr. Salgado was a leader in the drug operation in the case, but he wasn't a leader in the money laundering. It turns out there's an application…
  • Short Wins - The Aggravated Identity Theft, 18 U.S.C. § 1028A, and Stacking Edition

    12 Mar 2014 | 9:58 am
    Aggravated identity theft - charged under 1028A - seems like it's getting more and more popular among federal prosecutors. It does come with massive leverage in plea negotiations; a conviction for a violation of 18 U.S.C. § 1028A carries a mandatory 2 years in prison, consecutive to any other count of conviction. I'm starting to see these in cases beyond the garden variety identity fraud gift card cases - like tax and health care fraud. The statute says that for subsequent 1028A convictions, a district court has discretion whether to stack them. And United States v. Chibuko addresses exactly…
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    Boston Injury Lawyer Blog

  • Abuse by Insurers in Personal Injury Cases Highlighted by Recent Case

    11 Apr 2014 | 9:06 am
    The insurance industry is constantly bombarding the media and consumers with the idea that frivolous lawsuits are raising rates and taxing the court system. Experienced plaintiff lawyers who litigate and try cases know first-hand that these claims are largely false. A recently decided case in Middlesex County puts a dirty little secret of the industry on display. It is often insurers--loathe to pay claims and engaging in scorched earth tactics against injured people--that are costing the public trust and money. In a case called Anderson v AIG, a Superior Court judge in Middlesex County found…
  • Journal of the American Medical Association Study Shows Testosterone Therapy Substantially Increases the Risk of Heart Attacks

    10 Apr 2014 | 9:55 am
    The March 26, 2014 Journal of the American Medical Association (JAMA) contains an update on a clinical trial relating to the risk of heart attack (myocardial infarctions) in men treated with testosterone therapies such as the popular products AndroGel and Axiron. In recent years, drug manufacturers have increasingly marketed these drugs to be used in men with low testosterone levels, a normal part of the aging process. The update refers to the results of a clinical trial published in PloS One in January, 2014. That clinical trial found that men aged 65 and older experienced a two-fold…
  • Texas Jury Awards $1.2 Million to Woman Implanted with Transvaginal Mesh

    7 Apr 2014 | 7:51 am
    In another in the series of ongoing bellwether cases, a Texas jury returned a verdict against Johnson & Johnson and its subsidiary Ethicon in a case involving defectively designed transvaginal mesh. The jurors decided that the design of an Ethicon TVT-O mesh sling was defective and was the cause of the plaintiff's ongoing pain and pelvic symptoms. The jury, however, rejected the plaintiff's claim that Ethicon failed to properly warn about the risks of the mesh and did not award punitive damages. While Johnson & Johnson has ceased selling various transvaginal mesh products and bladder slings,…
  • FDA Launches Investigation into Testosterone Replacement Therapies and Treatment of "Low T"

    1 Apr 2014 | 2:34 pm
    On January 31, 2014, the U.S. Food and Drug Administration (FDA) announced that it is launching an investigation into whether FDA-approved testosterone products are causing strokes, heart attacks and even death. These testosterone replacement therapy products, heavily marketed and prescribed to older men for a dubious medical condition labeled "Low T", have become the subject of increased scrutiny in the medical field. New research calls into question whether the products have any medical value for the majority of patients they are being prescribed to and details how the use of these drugs…
  • GM, Depuy, Stryker and Other Product Recalls: Evidence or Not?

    21 Mar 2014 | 10:18 am
    GM recently recalled over a million of its Chevrolet Cobalt and HHR, Pontiac G5 and Solstice, and Saturn Ion Sky models. Other recent examples are the defective DePuy and Stryker hip replacements, Graco toddler and booster seat restraints, and 8.7 million pounds of Rancho beef. When a consumer is injured or killed by a product that is subject to a recall, fairness and logic would dictate that a jury asked to decide the consumer's suit against the manufacturer be told about the recall. However reasonable this might seem, it is not the rule in some courts. Manufacturers when sued for a…
 
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    Securities Law Blog

  • Ruling Upcoming On Fiduciary Duty For Brokers

    16 Apr 2014 | 2:34 pm
    Should brokers be required to act in the best interest of their clients when providing personalized investment advice, including recommendations about securities, to retail investors? The answer to that question is close to a resolution. Financial advisers registered with the SEC are already held to this fiduciary duty known as the "best interest" standard. Brokers, however, are held instead to a standard of "suitability," which means that they must reasonably believe that their investment recommendations are suitable for the investor's objectives, means and age. The 2010 Dodd-Frank act…
  • Bitcoin Entrepreneurs Urge For More Regulation

    15 Apr 2014 | 3:27 pm
    Last month, the IRS declared that it would consider bitcoins as property and not currency for tax reasons. This came to the pleasant surprise of many Bitcoin proponents who have longed for more federal regulation and would like to see more of it. It is no secret that the lack of regulatory certainty is a crucial factor stifling Bitcoin. In most cases, entrepreneurs shy away from regulation, but Bitcoin is unusual in that regard. For Bitcoin, there is generally a recognition that a new form of digital money will need to conform to existing financial rules. Fed regulators, as well as state and…
  • According To The SEC, More Than 200 Private-Equity Firms Have Imposed Bogus Fees

    14 Apr 2014 | 3:00 pm
    The SEC has announced that over half of the private-equity firms it has investigated have charged unjustified expenses and fees to investors without their knowledge. The 2010 Dodd-Frank Act gave the SEC more power in overseeing money managers and allowed the SEC to examine some firms for the first time. At the close of 2012, the SEC's examiners had found that particular advisers were wrongfully collecting money from companies included in their portfolio, improperly calculating fees, and using assets from the funds to pay for their own expenses. Bloomberg has reported that some of these issues…
  • Statute Of Limitations Extended For Securities Fraud Cases In Alabama

    10 Apr 2014 | 2:39 pm
    On Tuesday, the Governor of Alabama, Robert Bentley, signed legislation extending the statute of limitations for securities fraud and theft by deception to five years from the date the fraud was discovered. Previously, the statute of limitations for securities fraud had been five years from the date the deal occurred, and the statute of limitations for theft by deception had been three years from when the fraud occurred. The additional time will significantly aid law enforcement in gathering evidence that could lead to charges. Joseph Borg, the Director of the Alabama Securities Commission,…
  • FINRA Begins Retrospective Rule Review

    9 Apr 2014 | 1:22 pm
    FINRA issued two new Regulatory Notices recently in order to review rules on an ongoing basis. Regultatory Notice 14-14 requests comments on FINRA's communications with the public rules, and Regulatory Notice 14-15 requests comments on gifts, gratuities, and non-cash compensation rules. FINRA's rule reviews are targeted toward ensuring their rules stay relevant and are effectively designed to achieve their ends. FINRA's review process is completed in two stages. In the first stage, the findings stage, FINRA evaluates rules as they currently operate. In the second stage, the action stage,…
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    Darlingtons Solicitors

  • David Rosen published in Archbold

    David Rosen
    9 Apr 2014 | 2:03 am
    Visitors to this blog will know that Professor David Rosen writes prolifically on all aspects of fraud and latest trends and developments in fraud law. David’s latest thoughts and comments on trends in private prosecutions of fraud have recently been published in Archbold, one of the leading criminal law publications in the UK. You can read the relevant article and David’s comments, in conjunction with Adam Gersch, Barrister, here.
  • Less unfair dismissal claims = less settlement agreements ?

    Ben Jones
    8 Apr 2014 | 3:53 am
    Do the 2 things necessarily follow ? Many employers have historically used settlement agreements (previously compromise agreements) regularly  based on the fact that more and more employees were starting Tribunal Claims, leaving the employer in a  no win situation. Spend money on legal fees defending a claim, even if weak or unfounded, or pay off the employee early and avoid the aggravation. So, less claims in the Tribunal (last quarter the number of claims started in the Tribunal fell off the cliff) means no need for settlement agreements right ? Maybe so, maybe not. As with all legal…
  • Why small businesses need lawyers more than big businesses

    Ben Jones
    8 Apr 2014 | 3:01 am
    Isn’t life just full of ironies …. it’s a fact that a very significant proportion of small businesses don’t regularly use solicitors, generally due to the cost and an approach based on perceiving other priorities as more important. But it’s also correct that the smallest businesses probably benefit more from having the right contracts and advice than the biggest. Why is this ? Fundamentally, it’s because, having a  contract is ultimately just a piece of paper – it’s the underlying position and leverage behind any legal document that matters…
  • Establishing business and legal risks and objectives with clients

    David Swede
    8 Apr 2014 | 2:30 am
    David Swede – head of commercial law department Lots of lawyers and legal websites harp on about being “commercial”, but what does this mean in reality ? It can mean understanding that legal advice is not just about law, it also includes good business advice. It also tends to mean that costs should be proportionate to the business and legal risk perceived by the client and the necessity to get a contract or a transaction completed as soon as possible, not getting overly bogged down in minutiae. Perhaps it’s even simpler than that ? At a first meeting, whether prompted…
  • Someone is stealing in my office: What do I do? Part I: Informing

    David Rosen
    8 Apr 2014 | 12:51 am
    D Rosen This is Part I of a series of what to do, and what options you have. The options are a non-exhaustive list. There are many options to consider, depending upon the size of the business, and politics within that business, the characters involved, and the size and extent of the stealing. Who are you? What is your position in the business? If you are a fellow colleague: Tell your line manager. Don’t keep it to yourself. What if you are the only other person who knew about it, and you said nothing? When this later comes out, you may get caught up, as part of the problem, and by…
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    Maritime Lawyer Blog

  • Another Outbreak of Norovirus Flows Through Princess Cruise Lines

    11 Apr 2014 | 10:35 am
    Princess Cruise Line advised the public of an outbreak of gastrointestinal illness on the Crown Princess. The outbreak is suspected to be the Norovirus. 23 crew members and 94 passengers have fallen ill, and official statements from the the cruise line indicate that several measures have been taken to sanitize the ship and limit the spread of infection. This outbreak follows a recent one in January, where the Caribbean Princess death with an outbreak that affected 165 passengers. The Norovirus is a serious gastrointestinal illness, easily contacted in close quarters, and can lead to…
  • Vehicle Carrier Strikes Fishing Trawler, Killing Three Fishermen

    2 Apr 2014 | 9:30 am
    April started off with a tragedy in the maritime community as a fishing trawler, the Mar de Marin, was struck and sunk by a 541 foot vehicle carrier, the Baltic Breeze. Three fishermen died as a result of the collision and two were missing. The five surviving members were rescued after boarding a life raft and sent home. The accident occurred off the coast of Spain, and the details of the cause of the collision were unknown at the time of the initial reports. As a coastal state, Washington and its many ports sees many types of vessels that navigate in narrow waterways and less-than-ideal…
  • National Transportation Safety Board Holds Forum to Improve Cruise Line Safety Practices

    28 Mar 2014 | 9:39 pm
    This week the National Transportation Safety Board (NTSB) met for two days to discuss the safety measures in the cruise industry. Following the disastrous Costa Concordia accident in Italy in 2012, the cruise line industry incorporated safety policies that went over and above the current government regulations. The senior vice president for technical and regulatory affairs at the Cruise Lines International Association informed the audience during the forum. The CLIA vice president cited the statistic that 27 passengers have died from 2002 to 2012. The two day forum focused on the cruise line…
  • Fifth Circuit Court of Appeals Affirm Seaman's Status Under the Jones Act

    20 Mar 2014 | 10:14 pm
    The Port of Seattle sees many types of vessels, including different types of lift boats and marine cranes. A recent maritime law decision out of the Fifth Circuit affirmed a verdict in favor of an injured vessel repair supervisor who sought damages from his employer under the Jones Act. In this case the injured worked aboard the lift-boats while they were moored, jacked up, or docked in the employer's shipyard canal. The injured inspected for repairs, cleaned vessels, painted vessels, replaced defective or damaged parts, repaired engines, went on test runs, secured equipment, and operated the…
  • Injured Crew Member Medevaced from Fishing Vessel

    14 Mar 2014 | 1:59 pm
    A crew member was injured aboard the Seattle based fishing vessel SHIRLEY R while located 30 miles off the coast of Gray Harbor, Washington when he fell on-board and injured his head. The Coast Guard was summoned to help transport the injured crew member via helicopter and then ambulance to a Grays Harbor Community Hospital to treat his head injuries. The last report listed the crew member in stable condition. This aid from the Pacific Northwest section of the Coast Guard arrived soon after two rescues were called off in Ketchikan and Unimak Island, Alaska. The missing man from Unimak Island,…
 
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    Tampa Criminal Lawyer Blog

  • Florida Woman Poops on Courthouse Elevator. Breach of Bathroom Peace?

    8 Apr 2014 | 8:18 am
    Meet Patricia Ann Jamison. Ms. Jamison was recently accused of the odd act of pooping in a courthouse elevator and subsequently arrested for the same event. According to a Huffington Post story, on March 7, 2013 security staff at the St. Lucie County Courthouse was notified that there was a mysterious pile of poop located in the corner area of a public elevator. When Security investigated this crime scene, to their dismay lay a steaming pile of pew poo thought to be left by a human animal. Security staff consulted security video of individuals coming in and out of the elevator in question and…
  • Is Your March Madness Tournament Pool Legal?

    17 Mar 2014 | 11:03 am
    Many believe this week is the greatest week in all of sports. Work efficiency goes in the can, attention is diverted, and more than 50 million red blooded Americans will be living and dying on whether the sophomore shooting guard from Dingleberry Tech can finish the back half of his two free throws to knock out a national power like Duke or Michigan State. Hopes that are so high in the opening round are often crushed like an egg in round two or three. This, my friends is March Madness. The thrill of not only watching your team play for it all, but also having the chance to win a little cash…
  • Tampa Teacher's Aide Arrested For DUI. Pantless DUI.

    27 Feb 2014 | 12:05 pm
    Teacher's Aide by day, pantless driver by night? That's what Pasco County deputies claim after pulling over Kristi Steuber earlier this week. According to a police report, Steuber was pulled over in Pasco County for speeding when deputies detected an odor of alcohol on her breath after making contact. Deputies claim Steuber attempted to explain where she had been and what she was doing but simply mumbled when asked. As is standard protocol when an officer has reasonable suspicion of DUI, Steuben was asked to exit the vehicle to perform field sobriety exercises. This is when things went…
  • TENNESSEE SUPREME COURT RULES COPS CAN ARREST FOR DUI IN SPITE OF ONE PASSING FIELD SOBRIETY TESTS

    26 Feb 2014 | 7:00 am
    The Tennessee Supreme Court ruled last week that one suspected of driving under the influence can still be arrested in spite of passing field sobriety tests, a decision overruling a case from 2012 that ruled when a motorist passed six field sobriety tests that he could NOT be arrested. As most assume, field sobriety tests can be the deciding factor as to whether a motorist goes to jail for DUI or whether they go home. While this is generally correct, probable cause for a DUI arrest is generally established by observation of both field sobriety tests and other signs of impairment. As with any…
  • Video of Pasco County Movie Theater Shooting Death to be Shown in Open Court

    5 Feb 2014 | 12:24 pm
    Video of former Tampa Police Captain Curtis Reeves, Jr. shooting and killing local man Chad Oulson will be viewed in open Court according to Pasco County Circuit Judge Pat Siracusa. Reeves Jr. has been charged with second-degree murder for his actions. Several media outlets have requested footage of the video. Pasco County Prosecutors sought a Judicial order prior to turning over footage of the alleged second degree murder citing Florida Statute 406.136, a statute that makes it a third degree felony to turn over footage of a "killing of a person" to a third party not enumerated within the…
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    Baltimore Auto Accident Attorneys Blog

  • General Assembly Takes Aim at Distracted Driving, "Move Over" Law

    7 Apr 2014 | 12:59 pm
    Stiffer penalties for distracted driving and an expansion of Maryland's little known "move over" law have already seen action by Maryland lawmakers. "Jakes' Law," legislation named after a five-year-old boy who was killed in an accident involving a texting driver, has been approved by both houses of the Maryland legislature but is presently in a conference committee where differences between the two bills are being worked out. Under the new law, drivers would be assessed 12 points against their driver's license, would be guilty of a misdemeanor and could be subject to imprisonment for up to…
  • Court Tackles Question of Future Wages and Medical Expenses for Undocumented Aliens Involved in Auto Accident

    6 Jan 2014 | 12:07 pm
    The Maryland Court of Special Appeals in Ayala v. Lee has addressed a long-standing question over whether a plaintiff's illegal immigration status can be raised by defense counsel at a trial involving claims for personal injury where future lost wages and future medical expenses are claimed by a plaintiff. The court ruled that in certain limited circumstances, one's illegal status may be relevant and admissible, but that the trial judge must first weigh the potential prejudice of the line of questioning proposed against the probative value of allowing a jury to hear such evidence. The…
  • Court Keeps Rule That Denial of a Request to Change Venue Can Not Be Immediately Appealed

    24 Dec 2013 | 9:11 am
    Deciding the best place to try a case - forum selection - is important in many ways to a lawsuit. How long it takes for a case to conclude, the likelihood of victory and the amount of damages awarded by a judge or jury can be vastly different, depending on the county where the case is heard. As a result, lawyers on both sides of the case carefully scrutinize the places where a lawsuit can be filed so as to determine the best location for handling the case. The fact that venue is important means that lawyers often maneuver for the best judicial forum for their clients even before the trial…
  • Maryland's "Move Over" Law: It's Not New; But It's Not Understood

    13 Dec 2013 | 8:44 am
    Maryland motorists are being reminded by overhead traffic alert displays of Maryland's "Move Over" law. The law requires motorists traveling in the lane next to an emergency vehicle to move over one lane to make it safer for the responders. The law is also designed to make drivers more aware of the dangers confronting those who are stopped on the shoulder or in a travel lane due to an emergency. The problem with the law is that it's not understood and, thus, not obeyed in many instances. Drivers see the signs advising of the "new law" but don't know when they need to move, particularly during…
  • Insurance Company Gets Out of Paying Underinsured Motorist Benefits Because of Workers' Compensation Lien

    6 Dec 2013 | 9:35 am
    When a workers' compensation lien exceeds the amount of a judgment resulting from an automobile accident, an insurer does not have to pay underinsured motorist benefits. The ruling stems from a lawsuit over an auto accident involving both workers' compensation and uninsured motorist claims. David Ross was involved in a rear-end collision caused by John Agurs that occurred while Ross was driving within the scope of his employment with Shelton Transportation. Ross' left knee and lower back were injured. Shelton had a workers' compensation policy through the Injured Workers Insurance Fund (IWIF)…
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    Personal Injury Lawyer Blog

  • NEW YORK COURT OF APPEALS HOLDS PRODUCTS MANUFACTURER CAN BE LIABLE FOR DEFECT AFTER SUBSTANTIAL CONSUMER MODIFICATION

    11 Apr 2014 | 9:36 am
    In Hoover v. New Holland North America, the New York State Court of Appeals ruled earlier this month that the seller, Niagara Frontier Equipment Sales, Inc., and distributor, CNH America LLC, of a tractor-driven post hole digger were liable for an accident that tore off the arm of a teenage girl back in 2004. The girl, Jessica Bowers, 16, of Niagara County, was dragged into the rotating driveline of the digger being operated by her stepfather, who had borrowed the digger from a friend, Peter Smith. Smith admitted to previously removing a plastic safety shield from the digger because years of…
  • NEW LINK DISCOVERED BETWEEN RISPERDAL AND MALE BREAST GROWTH

    7 Apr 2014 | 8:08 am
    There is increasing concern over a link between the drug Risperdal and gynecomastia, the development of breasts in males. Gynecomastia can affect boys and young men that are prescribed the drug as an anti-psychotic for bi-polar or other disorders. Risperdal has other serious side effects, including Risperdal diabetes and Risperdal stroke. A recent study found that Risperdal (risperidone) and an active metabolite in risperidone Invega (paliperidone) increases a risk for gynecomastia by 69 percent. This study is significant because until now, many lawsuits alleging a connection between…
  • A PATIENT'S GUIDE: HOLDING YOUR HEALTH CARE PROVIDER ACCOUNTABLE FOR ILLNESSES CONTRACTED DURING CARE

    1 Apr 2014 | 9:32 am
    Being admitted to the hospital is not something most of us look forward to. If we have to be admitted we expect to be in a safe place capable of diagnosing and hopefully treating our ailment. However, an alarming number of people actually become sicker as a direct result of their medical care. Hospitals are breeding grounds for infections. It is where people suffering from illnesses at all ends of the spectrum come for help. When these people are treated and discharged, they leave behind viruses and bacteria that then spread to other patients. It is where needles and other medical devices are…
  • TARGETED WORKOUT PROGRAMS: THE NEXT FRONTIER IN PREVENTION OF SPORTS RELATED TRAUMATIC BRAIN INJURY

    19 Mar 2014 | 8:39 am
    The Micheli Center for Sports Injury Prevention at the Children's Hospital in Waltham initiated a workout program that helps youth both before and after suffering concussions. A concussion is "any head injury that temporarily affects normal brain functions" ranging from minor to very severe, according to medical dictionaries. Contact sports are a leading cause of concussions in the United States, and almost half of reported concussions each year in the U.S. are sports related. Concussions can cause immediate symptoms including: dizziness, headaches, ear pain, slurred speech, nausea, vomiting…
  • EMPLOYEES AGREE TO PAY FAMILIES OF TWO MEN KILLED IN MANUFACTURING PLANT EXPLOSION $225,000 EACH OR FACE JAIL TIME

    18 Mar 2014 | 12:21 pm
    Two former employees of Solus Industrial Innovations, Roy Faulkinbury and Carl Richardson, will pay $450,000 to victims' families whose loved ones were affected by an explosion at Solus' plastic manufacturing plant. The explosion occurred on March 19, 2009 in Rancho Santa Margarita in California. A result of an inadequate and under-maintained water boiler, the explosion was so powerful that it tore off the roof from the manufacturing plant. Two people died in the blast, while two others sustained injuries. The fatalities were Isidro Echeverria, aged 34, and Jose Jimenez, aged 51. At the time…
 
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    ImmigRantings

  • How H-1B Visas Help the U.S. Economy and Specifically the Tech Industry

    15 Apr 2014 | 2:45 pm
    Many of the ImmigRantings.com readers are aware that the H-1B visa - which is critical to allowing U.S. companies to employ talented foreign workers - comes with multiple obstacles, the most obvious obstacle being the "H-1B cap." Congress has allotted a yearly maximum of 65,000 H-1B visas (with an additional 20,000 visas reserved for foreign workers who obtained a Master's degree at a U.S. university). Nearly every year the demand for H-1B visas far exceeds the supply. In 2014 alone, U.S. Citizenship and Immigration Services (USCIS), which is the government agency that reviews and approves…
  • Will the Supreme Court Hear an Immigration Case this Summer?

    4 Apr 2014 | 12:11 pm
    The Supreme Court of the United States (also referred to as SCOTUS) is the highest court in the nation. Once the Supreme Court makes a decision on a case, the case is closed - there is no possibility of another court rehearing the case and coming to a different decision. Therefore, in many ways, any decision made by the Supreme Court justices is final. Because the Supreme Court is the court of last resort, and its justices are the ultimate decision makers, the Court usually only consents to hear cases that hold very important outcomes for the entire country, such as the case involving the…
  • German Family Granted Immigration Relief to Stay in the United States

    26 Mar 2014 | 7:06 am
    U.S. immigration law offers foreign nationals many different opportunities for qualifying for U.S. permanent residence (a green card). For example, a U.S. employer may sponsor a foreign worker for a permanent job position or a U.S. citizen or green card holder may sponsor certain family members. In addition to these employment-based and family-based opportunities, U.S. law also allows foreign nationals to apply for asylum in this country. Asylum will be granted to foreign nationals if returning to their home country would place them in danger of persecution. Foreign nationals may qualify for…
  • State Legislatures Introduce Bills to Reduce Detention Rates of Nonviolent Undocumented Offenders

    14 Mar 2014 | 1:22 pm
    As comprehensive immigration reform has been spotlighted in the media for the past several months, one issue that is continually discussed is what the government can do to reduce the population of undocumented foreign nationals who are currently held in local jails. In recent weeks, Maryland joined the ranks of other states including California and Connecticut when its state legislature proposed a bill that would decrease the undocumented population being held in Maryland state jails. The bill would accomplish this goal by allowing state jail administrators to circumvent certain provisions of…
  • Applying for a TN Visa at the United States Border or Consulate

    7 Mar 2014 | 1:03 pm
    The majority of temporary work visas are available to foreign nationals from all countries. However, there are a small number of visas that are reserved for foreign workers from a handful of countries. One of these types of visas is called the TN visa. What is the TN Visa? The TN visa stands for "Treaty National" visa and was created by the U.S. government pursuant to the North American Free Trade Agreement (NAFTA). The goal of NAFTA was to facilitate beneficial trade among the U.S., Mexico, and Canada. The TN visa is a nonimmigrant (temporary) work visa that does not lead to a green card but…
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    Boston Business Litigation Lawyer Blog

  • Proposed Legislation Threatens the Future Enforceability of Non-Compete Agreements

    15 Apr 2014 | 5:36 pm
    In the past, Massachusetts legislators have proposed legislation that would ban the enforcement of non-competition agreements in Massachusetts, but no such law has yet passed. Last week, Governor Deval Patrick announced that he would propose similar legislation as part of an economic growth bill, in an effort to remove the barriers that non-compete agreements create for workers in high-tech companies who wish to open their own competing business. As we have previously discussed, Massachusetts law presently views non-competition agreements as valid and enforceable, if they are reasonable in…
  • Business Disputes in Automotive Industry Can Present Unique Issues

    10 Apr 2014 | 4:40 pm
    A recent decision from the United States District Court in Massachusetts illustrates how business disputes in the automotive industry may be subject to specific laws that can have an effect on substantive claims as well as the enforcement of arbitration agreements to resolve such disputes. In Aston Martin Lagonda of North America, Inc. v. Lotus Motorsports, Inc., laws specific to automotive business disputes led the federal court to dismiss various claims brought by dealership franchisee Lotus Motorsports, Inc. (Lotus) against franchisor Aston Martin Lagonda of North America, Inc. (Aston…
  • Bonus Payment Excluded from Wage Act Claim

    27 Mar 2014 | 11:20 am
    The Suffolk County Superior Court recently analyzed the Massachusetts Wage Act in a case involving the compensation package of a company's departing president. The case was complicated by the multiple and inconsistent compensation agreements the plaintiff and defendant company signed. At bottom, the court decided the issue of whether annual bonuses and vacation pay may be considered wages under the Wage Act. The court found that annual bonuses may not be considered wages under the Wage Act, but that vacation pay may be wages, provided that certain criteria are be met. In Boesel v. Swaptree,…
  • No Breach of Fiduciary Duty by Corporate Shareholder Who Opened Similar Business

    20 Mar 2014 | 10:48 am
    In Ricci Consultants, Inc. v. Bournival, a case recently tried in the Norfolk Superior Court, it was determined that a defendant did not breach a fiduciary duty when she left employment with Ricci Consultants, Inc. (RCI), an actuarial consulting firm in which she was a shareholder with a one-third interest, to start her own actuarial consulting firm, KMS Actuaries, Inc. (KMS). Although both firms provided actuarial consulting services for clients, the types of clients each firm serviced differed: RCI specialized in private sector work, while KMS focused on the public sector. Following the…
  • General Contractor Who Delayed Project Held to Have Breached Contract with Subcontractor

    13 Mar 2014 | 3:43 pm
    A Massachusetts Superior Court recently ruled on a case involving a construction contract between a subcontractor and a general contractor, where the contract included a provision that prohibited the subcontractor from recovering damages from the contractor for a delay in the project. The court held that the "no damages for delay" clause did not prevent the plaintiff-subcontractor from recovering damages from the contractor, as the contractor denied the subcontractor of its only available remedy under the contract. In Central Ceilings, Inc. v. Suffolk Construction Company, Inc., et al.,…
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    Florida Tax Lawyer Blog

  • Is Paying Sales Tax Online Avoidable

    31 Mar 2014 | 7:30 pm
    It is difficult these days to read an article about sales tax without coming across issues with online companies such as Amazon. For those of you that do not spend most of your day hunting down interesting sales tax articles, please just take my word for it. In fact, before Congress right now is an attempt to nationalize sales tax collection by passing a law known as the Marketplace Fairness Act. This law would essentially cause most online retailers, like Amazon, to collect tax in every jurisdiction to which they sell. Not surprisingly, and despite the literally thousands of articles…
  • Form Over Substance - Go For Two

    11 Mar 2014 | 3:45 pm
    On a regular basis, our firm receives questions from taxpayers and their CPA's alike regarding businesses that provide both services and tangible personal property. In most states, tangible personal property is subject to sales tax while the sales of services is not. Alternatively, a similar question comes in with real property improvement contractors that sell some tangible personal property, some installation, and some real property contracts with installation. The question is even more pressing in the case in which the taxpayer is a real property improvement company that has significant…
  • Are Shifts in Business Trends Sales Tax Driven?

    17 Feb 2014 | 8:56 pm
    In mid-January 2014, I stumbled across an article in the Wall Street Journal discussing shopping trends over the holiday season. According to the Journal's article, As Shoppers Skip the Mall, Stores Search for Fresh Lures, the shift to online shopping and away from the traditional brick-and-mortar was heavily price driven. Of course, other factors contributed such as convenience of shopping online and having a more defined mission when going to the store due to online research. However, the article suggested a "permanent" shift away from store showrooms and more to that of an online…
  • Miami Hookah Takes On Florida

    13 Feb 2014 | 2:49 pm
    Most Florida tobacco distributors are familiar with Micjo which was decided on February 1, 2012. Micjo would change the alcohol and beverage tax world in Florida forever. At issue was whether the taxpayer had to pay Florida tobacco tax on all of the invoice components, including shipping charges and federal excise tax or if the tax should only apply to the tobacco product itself, not the federal excise tax and transportation charges. For example, Micjo (or any tobacco distributor) gets an invoice from its supplier that says tobacco $100, federal excise tax $60, transportation charges $40,…
  • North Carolina Benefits from Amazon Sales Tax Collection

    11 Feb 2014 | 6:47 pm
    As many know, Amazon has been clashing with many states whether it should be required to charge, collect, and remit sales tax. Many states have taken position that Amazon's affiliates and distribution centers created the dreaded "nexus." If an online retailer (or any company) has so-called "nexus" it is required to charge, collect, and remit tax in that state. With millions of dollars at stake, Amazon threatened to pull its affiliate programs in those states which, in turn, would cut tens of thousands of jobs. Fearful of huge job cuts in a struggling economy, many states allowed Amazon a…
 
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    New Jersey CPA Tax Lawyer Blog

  • Taxpayer's Multiple Retirement Account Transactions Run Afoul of Rollover Restrictions, Fail to Qualify as Non-taxable

    21 Mar 2014 | 8:59 am
    A couple seeking to move money between several individual retirement accounts found themselves pinched by the law's strict limits for transactions that may qualify as a rollover contribution and avoid constituting taxable income. The rules' cap on the number of rollover transactions and the time period for completing a rollover resulted in most of the couple's transactions failing to qualify and therefore amounting to taxable income. Alvan Bobrow had two IRAs at Fidelity Investments in 2008, and his wife had one. During that year, the couple took several distributions from their accounts and…
  • 401(k) Participation Wipes Out Taxpayer's Deduction for IRA Contribution

    7 Mar 2014 | 9:57 am
    An employee's contribution of a little less than $1,400 to a 401(k) offered through her employer proved costly, as that contribution made the employee qualify as an active plan participant for tax purposes and that status, along with the size of her income, made her ineligible to claim a deduction for the $5,000 she also contributed to an IRA during that same year. In 2008, Rebecca Smackey Hurd worked for two employers. Hurd was not covered by an employee retirement plan at the first job, but was covered at the second job, where she contributed $1,373 to a 401(k). During that same year, Hurd…
  • Real Estate Sales Venture in Its 'Developmental' Stage Fails to Qualify for Business Deduction

    21 Feb 2014 | 7:02 am
    The business expense deduction encompassed within Section 162 of the Tax Code permits taxpayers to claim a substantial range of expenses. One essential key, however, is that the expenses incurred must relate to an existing, active, ongoing business. If the expenses you're incurring simply lay the groundwork for a future business, they do not qualify for the deduction, as a taxpayer couple seeking to sell lots on their upstate New York parcel of property found out in Chen v. Commissioner. Albert Chen and Nai-Fen Chen purchased land in Greenville, NY in 1980. In 2003, the couple formulated a…
  • IRS Kicks Off Tax Season With 'EITC Awareness Day'

    7 Feb 2014 | 5:29 am
    The Internal Revenue Service declared January 31, 2014 as a day of awareness regarding the Earned Income Tax Credit. The credit has now existed for nearly 40 years, but still often goes unclaimed by many taxpayers who are eligible to receive it. The IRS's awareness push is designed to use the power of social and traditional media to raise the credit's visibility and reduce the number of eligible taxpayers who will fail to claim the credit. The EITC dates back to 1975, when Congress established the credit to counteract some of the effect of Social Security taxes and, in so doing, create a…
  • MBA Student's Attempt to Deduct Tuition Fails in the Tax Court

    24 Jan 2014 | 9:06 am
    As students grapple with the escalating costs of post-secondary education, one enterprising student attempted to defray his costs by deducting his Masters of Business Administration program tuition as an unreimbursed business expense. Unfortunately for the taxpayer, his employment in the trade or business he asserted was too infrequent to constitute working on a "regular and continuous" basis, which led the US Tax Court to uphold a denial of the taxpayer's deduction. After graduating college in 2007, Adam Hart enrolled in a MBA program in 2009. During 2009, Hart worked in a sales position…
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    Springfield Injury Lawyer Blog

  • Stacking Underinsured Policies

    24 Mar 2014 | 5:46 pm
    Underinsured Stacking The first District Court of Appeals decided an interesting case about stacking as applies to uninsured and underinsured policies. In Allstate vs Trujillo 2014 Il.App (1st) 123419, the court decided that parties can stack there underinsured (UDIM) policies. Allstate filed suit for declaratory judgment against plaintiff. The plaintiff was a passenger in a car insured by a person named Delgado. Delgado had a liability policy through Allstate which had limits of $100,000 per person, and $300,000 per accident. The same policy had $100,000 in UDIM coverage. The other driver…
  • Third Party Action with Workers Compensation

    26 Feb 2014 | 9:14 am
    The Appellate Court recently decided a case involving the interplay between the Workers' Compensation Act and joint liability in Ramirez v FCL Builders, Inc. According to the Illinois Worker's Compensation Act an employee cannot sue his or her employer for an injury. Instead, the employee must file a workers compensation claim. The Act says that there is no right to recover damages from the employer, so it is broadly drafted. 820 ILCS 305/5. However, courts have allowed suits by workers against third parties. Often, the third party will then sue the employer for negligence. Courts have…
  • Illinois Pension Reform (2013) is Unconstitutional

    8 Dec 2013 | 10:52 am
    I promised when I was on the radio to post links to both the act which contains no new Illinois pension reform and a post to an article by Eric Madiar regarding the constitutional amendment which prohibits diminishment or impairment to Illinois State Employee pension rights. The Illinois legislature amended the Constitution in 1970. It provides: "Membership in any pension or retirement system of the State, any unit of local government or school district, or any agency or instrumentality thereof, shall be an enforceable contractual relationship, the benefits of which shall not be diminished or…
  • Consumer Guide for Affordable Care Act/Obamacare

    24 Nov 2013 | 9:52 am
    For those of you interested in the Affordable Care Act/Obama care, we had Robert Wagner on the show Saturday, November 23, 2013. I know many people distain the Affordable Care Act, and will even had a few people who make calls it were apparent they did not like it, but it is apparently going to be law now, so I thought it appropriate to have an expert on the subject on the year. I tried to make the interview with him as unbiased as possible, given the controversial nature of the act. While I am not sure you can never do that completely, I did the best could. Robert Wagner is the former…
  • More on Inexplicable Testimony By Doctors

    27 Oct 2013 | 11:42 am
    One more Dr. caught saying inexplicable things in a deposition. In this case a testified that his in his opinion normal extension of the neck. He indicated that 35° is an accepted norm for cervical extension in medicine. The plaintiff's lawyer then was confronted by a deposition with his previous testimony. In that deposition the doctor said that normal was 60°. This is significantly different from 35°. The doctor testified that if he is employed by an insurer to do an examination, and are the requirements, instead of the accepted norms, use the insurance company's norms. For the testimony…
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    Securities Lawyer 101 l Hamilton & Associates | Going Public Attorneys l Registration Statement Lawyers

  • Going Public Blog l Securities Lawyer 101

    securities-lawyer-101
    1 Jan 2101 | 6:23 am
      Securities Lawyer 101 Blog Going public is a big step for any company.   The process of “going public” is complex and at times precarious. While going public offers many benefits it also comes with risks and quantities of regulations with which issuers must become familiar.  Despite the risks even in a down economy, the U.S. market remains one of... Read More
  • Disclosure Controls and Procedures l Brenda Hamilton Attorney

    securities-lawyer-101
    16 Apr 2014 | 9:00 pm
    Securities Lawyer 101 Blog To back up the officer and director certifications in periodic reports, issuers must establish and maintain a system of disclosure controls and procedures designed to ensure that the company records, processes, summarizes and discloses on a timely basis information required to be disclosed in 1934 Act filings. Issuers must evaluate on a quarterly basis the effectiveness of their disclosure... Read More
  • Form 10-K Exhibits l By Brenda Hamilton Attorney

    securities-lawyer-101
    16 Apr 2014 | 3:45 pm
    Securities Lawyer 101 Blog Some of the most valuable sources of information about a public company are Form 10-K exhibits. Item 601 of Regulation S-K identifies the documents to be filed as exhibits.  Issuers are often unclear about the requirements of Item 601 particularly its provisions requiring issuers to file material agreements made  outside the normal course of business.  Issuers... Read More
  • SEC Charges San Diego Investment Advisory Firm l By: Brenda Hamilton Attorney

    securities-lawyer-101
    16 Apr 2014 | 10:56 am
    Securities Lawyer 101 Blog On April 15, 2014, SEC charges were announced against a San Diego-based investment advisory firm, its chief executive officer, chief compliance officer, and another employee for misleading investors and breaching their fiduciary duties to clients.   The SEC’s Enforcement Division alleges that Total Wealth Management and its owner and CEO Jacob Cooper entered into undisclosed revenue sharing... Read More
  • Section 302 and 906 Certifications l Brenda Hamilton Attorney

    securities-lawyer-101
    16 Apr 2014 | 7:54 am
      Securities Lawyer 101 Blog Chief Executive Officers (“CEO”) and Chief Financial Officers (“CFO”) of public companies must certify the issuer’s annual report on Form 10-K and quarterly report on Form 10-Q. Each issuer must also have disclosure controls and procedures and internal control over financial reporting. The issuer’s CEO and CFO are each required to make two certifications in... Read More
 
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    Dallas Justice » Criminal Law Blog

  • What is the Texas Driver’s Responsibility Surcharge for DWI Cases and Why (Hopefully) Its Days may be Numbered

    Michael Lowe
    16 Apr 2014 | 9:57 am
    This week down in Austin, some Texas legislators gave us all hope that something may be done sometime in this decade about the Texas Driver’s Responsiblity Surcharge Program. Fingers crossed. We’ve been discussing the unfairness of the Texas Driver Responsibility Surcharges for years now; check out our prior posts for a history of this state program and various reasons it’s just not working and hasn’t been for several years: Texas Driver Responsibility Surcharge Nightmare: DPS Isn’t Following the New Law Another Law to Fix Driver Responsibility Surcharges: Prove You’re Indigent,…
  • Marijuana Laws In Texas Today — A Criminal Defense Lawyer’s Perspective on the Eve of the 2014 DFW Marijuana March

    Michael Lowe
    9 Apr 2014 | 2:31 pm
    Marijuana laws here in Texas are tough. Over the years I’ve seen many clients come through our doors who haven’t been that mixed up with marijuana or grass or pot or weed but they’ve still faced some pretty stiff sentences under either Texas statutes or federal law. Marijuana cases can mean a real defense fight here in Texas courts. (For more on marijuana defense in Texas, go here.) There may be different ballgame for Texas marijuana defense soon, though. These days, we’re seeing state marijuana laws changing all over the place and there are lots of people who’d like to see Texas…
  • Protecting Privacy of Criminal Lawyer and Client Communications: Article by Michael Lowe added to Online Digital Library

    Michael Lowe
    4 Apr 2014 | 11:08 am
    Click on the image to visit the Michael Lowe Digital Library to read or download this InDepth Article as well as other documents collected by Michael Lowe online. The post Protecting Privacy of Criminal Lawyer and Client Communications: Article by Michael Lowe added to Online Digital Library appeared first on Dallas Justice.
  • FREE EXPUNGEMENT OR SEAL OF TEXAS CRIMINAL RECORDS (FORMS AND MORE) BECAUSE EVERYONE DESERVES A SECOND CHANCE

    Michael Lowe
    3 Apr 2014 | 11:34 am
    Criminal records can follow you the rest of your life, and while many will assert that’s how it should be, there are many instances where wiping someone’s slate clean is the fair thing to do — it’s not sneaky or wrong. In fact, expungement of criminal records has been approved and provided for by the Texas legislature and the Texas courts. It’s legal in Texas to clear or erase or seal your past criminal record in many situations and it’s not that hard to do. Thing is: it costs money to do it, more often than not, because a lawyer is usually hired to handle the process of…
  • PROTECTING THE PRIVACY OF CRIMINAL DEFENSE LAWYER – CLIENT COMMUNICATIONS

    Michael Lowe
    31 Mar 2014 | 6:57 pm
    How Can Criminal Lawyers and Their Clients Protect Their Attorney-Client Communications From Snooping And Hacking? Written by: Michael Lowe, Esq. on 04-01-2014 Lawyers, especially criminal defense attorneys, are very careful to protect their communications with clients and potential clients; however, in the past few years technological advancements have made it particularly difficult for both lawyers and clients to insure that their privileged and private communications are safe from prying eyes or ears. Law firms, individual attorneys, and most criminal clients use computers, tablets, smart…
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    kylesmithlaw.com

  • Pre-Sentence Conduct Credits Calculator – Penal Code section 4019

    Kyle Smith
    21 Mar 2014 | 3:41 pm
    At sentencing, criminal defendants are entitled to credit against their sentence for days they have served in custody for those charges.1 In addition to credit for days the defendant has actually served, defendants are often entitled to credit for their good behavior while they were in custody.2 Credits for good behavior are called “conduct credits.” Conduct credits can substantially reduce the amount of remaining time that a defendant needs to serve, so it’s important to carefully calculate the exact number of days to which the defendant is entitled. Unfortunately, however,…
  • What Business Form Should I Choose? Starting A Small Business in California

    Kyle Smith
    19 Jun 2013 | 7:20 pm
    Having a great business idea is just the first step in creating a small business. Almost as important is choosing the best business form to protect your business, your family, and your assets. In California, there are six primary business forms:  The corporation.  The limited liability company.  General partnership.  The limited partnership.  the limited liability partnership.  The sole proprietorship. Top Business Form #1: The Corporation. California defines a corporation as a legal entity that exists separately from its owners. The owners of a corporation are called shareholders.
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    South Florida Personal Injury Lawyers Blog

  • Discovery of Adverse Medical Incidents in Florida

    14 Apr 2014 | 10:16 am
    For years, public policy in Florida allowed doctors unfettered authority. In 2004, voters approved Amendment 7, which created a constitutional right for patients to know about a health care facility or provider's adverse medical incidents, including medical malpractice. This right is important, but it is not total, and it remains important for plaintiffs to tailor their discovery requests appropriately. In a 2013 case a medical center sought review of an order that it produce specific documents in a medical malpractice lawsuit. The case arose when the plaintiff sued the medical center and…
  • Unanticipated Seizure and Florida Car Accidents

    10 Apr 2014 | 6:59 am
    Foreseeability plays a part in analyzing whether a defendant is responsible and should be held accountable for a plaintiff's injuries. In a recent case, Jordan Marcum, her employer and her liability insurer appealed an adverse judgment arising from a car accident that caused personal injuries to Angela Hayward. The case arose because Marcum had lost consciousness while driving during a seizure. She was assistant manager of a poll company and driving the company vehicle in the course and scope of her employment. Her coworker was riding in the passenger seat. The woman later testified that she…
  • Florida Supreme Court Reviews Tomahawk Case

    7 Apr 2014 | 11:20 am
    In a recent Florida Supreme Court case, the Court reviewed an appellate opinion previously covered on this blog. In the case a man (Dennis Dorsey) brought a personal injury lawsuit for injuries after a bar fight against the man he was with at a neighborhood bar (Robert Reider). The fight arose while Dorsey, Reider and Reider's friend Noordhoek were drunk over the legal limit. Reider said he wanted to fight everyone and Dorsey told him off before walking out of the bar. Rider and Noordhoek followed him and trapped him between a truck and an adjacent car. Noordhoek took a tomahawk used for work…
  • Written Interrogatories in Florida Slip and Fall Cases

    3 Apr 2014 | 11:24 am
    An important aspect of the discovery process during litigation is the preparation of responses to interrogatories. A common practice among plaintiffs' lawyers is to ask their clients to prepare handwritten responses to the defendant's discovery. These responses are solely for the attorney's benefit. Certain interrogatories may ask for an opinion or contention not within the personal knowledge of the plaintiff, though it is within the knowledge of the attorney. Therefore a written interrogatory response may differ from a draft response prepared by a plaintiff for her attorney. In a recent…
  • Unconscionable Arbitration Agreements for Florida Nursing Homes

    27 Mar 2014 | 10:01 am
    In a recent case, a healthcare and rehabilitation center appealed a trial court's order denying its motion to dismiss and compel arbitration. The case arose out of a case in which a wife admitted her husband to the rehabilitation center's nursing facility in accord with a durable power of attorney he had signed. He lived there for two years. Days after he was discharged, the husband died. The wife sued as personal representative of his state for violating his nursing home residents' rights, negligence and wrongful death. The nursing facility moved to compel arbitration. The wife had signed an…
 
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    Massachusetts Social Security Disability Lawyers Blog

  • Advocates Urge Congress to Pass ABLE Act to Help the Disabled

    13 Apr 2014 | 8:51 pm
    In February of 2013, Congress introduced the ABLE act. ABLE stands for The Achieve a Better Life Experience Act. The Act had more than 400 co-sponsors in the House and the Senate, and disability advocates spoke out in favor of it. Unfortunately, the Congressional session ended last year before the bill could be considered. Disability advocates are now urging Congress to act this year and move forward with the legislation. According to CNN, more than 230,000 people have signed a petition urging Congress to take action. The bill was also discussed at an annual event at Capitol Hill hosted by…
  • Longer Waits Expected for Disability Hearings

    7 Apr 2014 | 8:47 pm
    When an application for disability benefits is denied, there are several different stages of appeal for which a Boston disability benefits attorney can apply. The first step is to put in a request for reconsideration and have your claim reviewed again. Unfortunately, if this is unsuccessful, you will need to move on to a disability benefits hearing. You can expect a long wait for this hearing to occur and new information indicates that the wait for a hearing is likely to be even longer in 2014.
  • Disability Benefits Use Differs By County

    6 Apr 2014 | 8:41 pm
    In 2012, nine million disabled individuals in the United States received around $120 billion in federal disability benefits through Social Security Disability (SSD). The large expenditures have led to calls for reform of the SSD system, but it is important to realize that spending was not uniform across the United States. As the Washington Post notes, certain counties have much higher rates of disabled individuals obtaining benefits than others and this geographic difference may be the key to improving the system. Disability benefits are notoriously difficult to qualify for throughout the…
  • Video Hearings Help Deal with SSD Backlog

    1 Apr 2014 | 11:09 pm
    Applying for Social Security Disability (SSD) benefits can be a complicated process because more than half of all claims are initially denied. This leaves workers going through a four stage appeals process, which begins with a request for review and then progresses to a disability benefits hearing. Appealing a benefits denial is often your best choice for getting the benefits that you need. A Social Security Disability lawyer in Massachusetts can help with the appeals process so you can make a compelling argument to convince the administrative law judge (ALJ) to award you benefits. However,…
  • Understanding SSD Benefits for Adult Children

    29 Mar 2014 | 11:13 pm
    Social Security Disability Insurance (SSDI) is a benefits program that is based on work-history and thus provides income to a disabled person in an amount determined by wages earned over his working life. Supplemental Security Income (SSI) is another disability benefits program that is means tested and intended for lower income individuals. SSI pays out a maximum benefit of $721 per month, while people receiving SSDI may have higher benefits. Unfortunately, a person who is born severely disabled is likely not ever going to be able to do work that would allow him to earn a higher benefit…
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    Austin Immigration Lawyer Blog

  • Obama Administration's Claims About Deportation Data Not Entirely True

    16 Apr 2014 | 6:46 am
    Deportation has long been one of the most controversial subtopics within the already controversial topic of immigration. The Obama administration has made claims that it is only targeting "criminals, gang bangers, [and] people who are hurting the community" as opposed to students and people who "are just here because they are trying to figure out how to feed their families. Recently, however, two independent sources - the Syracuse University Transactional Records Access Clearinghouse and the New York Times - confirmed that the Obama administration is actually capturing and deporting, by the…
  • Updated DACA Renewal Process Expected Soon

    14 Apr 2014 | 6:37 am
    The Deferred Action for Childhood Arrivals (or DACA) program has been updated by the United States Citizenship and Immigration Services in the form of a change in the renewal process for the roughly half-million immigrants involved in the program. Though the changes have not yet been implemented, the update offers valuable insight into what DACA recipients have to look forward to. According to the update which was posted on the USCIS website recently, revisions to the DACA application form will be made in late spring of this year and will restrict renewal requests only to those individuals…
  • Accounting Changes Responsible for Obama's Tough Immigration Reputation

    9 Apr 2014 | 7:55 am
    President Obama has been called one of the toughest recent presidents as it relates to deporting immigrants who are in the country illegally. Despite the fact that he has implemented such programs as the DACA program, which allows a significant number of younger illegal immigrants to stay in the country, Obama has nevertheless gained the moniker "deporter in chief" as a result of his administration's immigration policies. But not everyone