Law

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  • Public Defenders vs. Private Attorneys

    The Frugal Law Student
    Brett McKay
    3 Mar 2015 | 7:17 pm
    Here are some stats about public defenders vs. those that hire private attorneys. Some of the numbers may shock you! Via: Los Angeles Criminal Lawyers Farar Law Group
  • Another technique for improving your writing you won’t want to do

    The Attorney Marketing Center
    David M. Ward
    27 Mar 2015 | 11:54 am
    Yesterday, I told you about a technique for improving your writing. I told you that I dramatically improved my writing by hand copying other people’s writing that I admired and wanted to emulate. Today, I want to share something else I did that elevated my writing to an even higher level. Behold: Every morning without fail, I rolled out of bed, grabbed a spiral notebook and pen, and wrote for twenty minutes. Some would call this journaling, but that implies that I had something to say that I wanted to capture on paper. Instead, what I did was “free write”. There are two…
  • Religion as mental illness at best.

    What About Paris?
    JD Hull
    27 Mar 2015 | 2:43 pm
    "In the course of history," Adouous Huxley famously wrote in the Saturday Evening Post on October 18, 1958, "many more people have died for their drink and their dope than have died for their religion or their country." Given events since he wrote that, from the more almost daily obscure atrocities committed over religion (sometimes infused by tribalism or nationalism) in Africa, Asia and the Middle East over the past 50 years to the attacks on the American financial district and Washington, D.C. on September 11, 2001 and the thousands of military and civilian deaths worldwide since then, I…
  • Innocence Project Co-Director Barry Scheck Discusses Race Bias in the Courts

    The Innocence Project
    27 Mar 2015 | 3:06 pm
  • Wiccans and the Second Amendment

    Law and Magic Blog
    lpcprof
    17 Mar 2015 | 8:00 am
    Alycia Michelle Wilson has published Witches and Guns: The Intersection between Wicca and the Second Amendment. Here is the abstract. This is the first academic exploration of the intersection between the Wiccan religion and the Second Amendment. The article provides all necessary background on Wiccan philosophy and principles, particularly on the Wiccan Rede. The article next explores founder Gerald Gardner's contributions to Wicca based on his views on self-defense, militia service, and ritual knife use. The article then considers arms issues in modern Wicca such as individual…
 
 
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    Overlawyered

  • Jury rules against Ellen Pao; fees fail to shift

    Walter Olson
    30 Mar 2015 | 3:03 am
    A San Francisco jury has found no improper gender discrimination or retaliation by Kleiner Perkins and returned a defense verdict in Ellen Pao’s high-profile lawsuit [Mashable, Roger Parloff/Fortune (noting judge’s evidentiary rulings favorable to Pao)] Pao’s “lawyers also missed out on a payday that could have reached into the millions of dollars.” In particular, “had Pao won on any of her claims, under California law her legal team, led by longtime San Francisco employment lawyers Alan Exelrod and Therese Lawless, could have sought all its fees from…
  • “Federal judge scolds BigLaw lawyers for ‘behemoth pleadings’ and ‘prolixity'”

    Walter Olson
    29 Mar 2015 | 9:15 pm
    “A federal judge in Manhattan is ordering lawyers in a United Parcel Service lawsuit to file new pleadings that are short and plain, in keeping with Rule 8 of the Federal Rules of Civil Procedure. … UPS ‘launched its relatively straightforward claims with a sprawling 175-paragraph complaint, larded with more than 1,400 pages of exhibits,’ [U.S. District Judge William Pauley III] wrote. Lawyers for former franchisees responded with a 210-page answer with counterclaims and ‘voluminous exhibits,’ later expanded in an amended answer to a…
  • Crime and punishment roundup

    Walter Olson
    29 Mar 2015 | 9:05 pm
    “Felony murder: why a teenager who didn’t kill anyone faces 55 years in jail” [Ed Pilkington, Guardian] Crime largely missing from urbanist discussion but might actually be more important than streetcars [Urbanophile] “So when you read ‘she pioneered the use of John Doe indictments to stop clock on statutes of limitation’, think about your alibi for 1983.” [@ClarkHat on Twitter] “Kern County, a jurisdiction with a long unfortunate history of putting the wrong people in prison” [Radley Balko, Glenn Reynolds/USA Today on People v. Efrain…
  • Serial complainants at the Department of Education

    Walter Olson
    29 Mar 2015 | 7:37 am
    “Complaints of discrimination to the [Department of Education’s Office for Civil Rights] have soared from 6,364 in fiscal 2009 to a record of 9,989 in the most recent fiscal year.” [Lyndsey Layton, Washington Post] Most notable sentence concerning that surging caseload: “Two individuals were responsible for filing more than 1,700 of those allegations of [education] sex discrimination.” Related: how OCR acquires and uses financial leverage over academia [Hans Bader, CEI via Amy Alkon (“a bigger threat to innocent students is the massive financial risk…
  • “Slain basketball player’s family files suit against Dallas ISD”

    Walter Olson
    28 Mar 2015 | 7:46 am
    “The mother of slain Wilmer Hutchins basketball star Troy Causey Jr. has filed a federal lawsuit alleging that illegal recruiting practices at Dallas ISD schools led to her son’s death a year ago. … [She] alleges that coaches visited her 18-year-old son while he was in custody at Dallas County Youth Village during an eight-month stint there following an assault arrest and convinced him to play basketball.” Subsequently, Causey died after a beating at his residence, and a roommate who also played basketball for another Dallas school was charged with manslaughter in the…
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    Solo Practice University®

  • The Power of the Meetup for Solo Practitioners

    Susan Cartier Liebel
    30 Mar 2015 | 4:00 am
    If you haven't heard of Meetups you are missing out on a valuable opportunity to not just grow your practice, but enhance your life on many levels.Written by Susan Cartier Liebel
  • The Importance of Flexibility in a Solo Practice

    Suzanne Meehle
    26 Mar 2015 | 4:47 am
    One of the best things about being a solo/small firm lawyer that solo/small firm lawyers always cite is the flexibility. Flexible work schedule, flexible billing options, flexible practice areas. We are practically yogis. What we never say is that all that flexibility does not mean a reduced workload, easier billing or lowered obligations to learn all those new practice areas. There is a price, and we usually pay it in longer hours working for ourselves than we ever put in working for Big Law.Written by Suzanne Meehle
  • Why Lawyers Need to Get With Encryption – Guest Lecture with Jared Correia

    Susan Cartier Liebel
    23 Mar 2015 | 4:30 am
    Encryption is now part of your professional duty to safeguard your clients’ data. Encryption is a very techno-scary word for many lawyers.  It’s intimidating, actually. But even if it is, it doesn’t mean you can bury your head in the sand, not if you are going to represent your clients responsibly.  Encryption is critical when […]Written by Susan Cartier Liebel
  • A Quartet of Celestial Events Today – 3 Making Headlines. The Other?

    Susan Cartier Liebel
    20 Mar 2015 | 2:30 am
    A total solar eclipse is headlining an incredible show in the sky today, which will also include two other celestial events -- a supermoon and the spring equinox. But did you know there is another heavenly event which could benefit you today?Written by Susan Cartier Liebel
  • Managing the Risk that Comes From Bad Lawyering

    Mark Bassingthwaighte
    19 Mar 2015 | 5:30 am
    The number of professional liability claims that arise as a result of a substantive legal error has varied a bit, but it generally seems to hover around 46%. In short, this means that roughly 46% of reported claims in any given year are a result of an attorney failing to know the law, failing to properly apply the law, or failing to know or ascertain a deadline.....Written by Mark Bassingthwaighte
 
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    BlawgIT

  • Brett Trout Named Iowa Academy of Trial Lawyers Fellow

    Brett Trout
    17 Mar 2015 | 6:07 am
    Des Moines patent attorney Brett J. Trout has just been named a Fellow of the Iowa Academy of Trial Lawyers. Membership in the Academy is by invitation only, upon sponsorship and recommendation from peers and judges, and unanimous approval by the Board of Governors. Established in 1962, the Iowa Academy of Trial Lawyers fosters the proficiency and effectiveness of attorneys in the pleading, trial, and general handling of all forms of litigation, and promotes improvements in jurisprudence which will protect the interests and rights of the parties in litigation. Membership in the Academy is…
  • Brett Trout to Speak at The Seventh Annual Creighton Law Review Symposium

    Brett Trout
    16 Mar 2015 | 2:50 pm
    The 2015 Seventh Annual Creighton Law Review Symposium addresses the theme of Ethics and Electronics: Navigating Legal Ethics and New Technology. The symposium will be held March 18, 2015, at Creighton University’s School of Law. Brett Trout’s presentation is entitled The Ethical Lawyer and the Tao of Technology and will begin at 8:15a.m. Also presenting at the Symposium will be Cynthia A. Brown, John G. Browning, and Fr. Greg O’Meara. Contact Creighton Law Review for additional information about the Symposium. Brett Trout No tags for this post.
  • Inventing to Nowhere

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

  • Is Death By Firing Squad ‘Cruel And Unusual’? Try Asking Someone Who’s Been Given The Choice

    Tamara Tabo
    27 Mar 2015 | 3:24 pm
    After looking at the death penalty through the eyes of those facing it, alternatives to lethal injection, even the firing squad, might not look quite so objectionable.
  • Non-Sequiturs: 03.27.15

    Joe Patrice
    27 Mar 2015 | 1:57 pm
    * That new Justice Scalia play we've been talking about is a delightful piece of fiction. And by "fiction," we mean it portrays Scalia as nuanced and complex as opposed to the right-wing rubber stamp he's become. [Slate] * A glossy firm website doesn't quite match the reality of Google Street View. [Roll On Friday] * Texas wants to make it illegal for you to tape a cop beating. That's ridiculous enough, but that's not the end of the sentence. Texas wants to make it illegal for you to tape a cop beating... you. [Lowering The Bar] * Court rules that neighbor's Wifi harmed the plaintiff. I…
  • Wrapping Up The Best First Quarter For Lateral Moves In NY History

    Lateral Link
    27 Mar 2015 | 1:34 pm
    This quarter, the market was heating up, even if the weather wasn't.
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    Simple Justice

  • The Fear of Fear Isn’t Justification

    SHG
    25 Mar 2015 | 5:10 am
    David Kassick probably isn’t the kind of guy most would want to hang out with.  He had addiction issues, and enough paranoia, maybe, that when Hummelstown police officer Lisa Mearkle turned on the turret lights, he took off rather than stop.  For an expired inspection sticker.  No, Kassick exercised some pretty poor judgment. Yet, it wasn’t bad enough for him to die. Authorities said Mearkle had attempted to pull over Kassick for expired inspection and emissions stickers before he sped away. She caught up to Kassick near his sister’s home where he had been living for a…
  • But The Other Guy

    SHG
    25 Mar 2015 | 4:35 am
    At Above the Law, fellow curmudgeon Mark Herrmann confuses new lawyers with a foreign and hated concept: responsibility. I recently heard an in-house lawyer bemoaning her fate. But she didn’t have to be in-house; lawyers at firms experience exactly the same thing. “I was told to accomplish a certain thing. Only one person could make it happen — a very senior executive had to make a phone call to strike a deal. So I sent an email to the senior executive asking him to make the call. He didn’t. Three weeks later, people were blaming me. How can that be? I’m just a low-level in-house…
  • Gone Fishing

    SHG
    25 Mar 2015 | 1:00 am
    By the time this posts, I will be leaving on a jet plane, seated next to Dr. SJ, pondering the delights awaiting me in various very cool European destinations.  I have left my computer home, and will take a breather from writing for a couple of weeks, focusing all my attention instead on my beautiful, wonderful and tolerant wife. No doubt, you will miss me terribly, but you’ll get over it.  See you when I get back.  Oh, and if I get a chance to moderate comments, I will, but it’s not high on my agenda so don’t get pissed with me if they don’t post…
 
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    Law and Magic Blog

  • Wiccans and the Second Amendment

    lpcprof
    17 Mar 2015 | 8:00 am
    Alycia Michelle Wilson has published Witches and Guns: The Intersection between Wicca and the Second Amendment. Here is the abstract. This is the first academic exploration of the intersection between the Wiccan religion and the Second Amendment. The article provides all necessary background on Wiccan philosophy and principles, particularly on the Wiccan Rede. The article next explores founder Gerald Gardner's contributions to Wicca based on his views on self-defense, militia service, and ritual knife use. The article then considers arms issues in modern Wicca such as individual…
  • Moving From Oooh to Aha: Forensic Science As Science, Not Magic

    lpcprof
    12 Mar 2015 | 8:23 am
    M. Chris Fabricant, Innocence Project, Inc., and William Tucker Carrington, University of Mississippi School of Law, have published The Shifted Paradigm: Forensic Sciences's Overdue Evolution from Magic to Law. Here is the abstract. A decade ago a controversial article in Science Magazine predicted a coming “paradigm shift” that would push forensic sciences toward fundamental change as the result of “[l]egal and scientific forces . . . converging to drive an emerging skepticism about the claims of the traditional forensic individualization sciences.” This article argues that the…
  • Australian National Health and Medical Research Council Releases Statement On Homeopathy

    lpcprof
    11 Mar 2015 | 10:34 am
    The Australian National Health and Medical Research Council (NHMRC) has concluded that homeopathy is not effective in treating, well, anything.  The Council examined more than 200 studies of homeopathy before coming to its conclusion. It cautions consumers that delaying or avoiding mainstream treatment in favor of homeopathic treatment in cases of chronic or serious illness could have unfortunate outcomes. Here's a link to the press release from the NHMRC. More, including statements and supporting information, here.
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    What About Paris?

  • Religion as mental illness at best.

    JD Hull
    27 Mar 2015 | 2:43 pm
    "In the course of history," Adouous Huxley famously wrote in the Saturday Evening Post on October 18, 1958, "many more people have died for their drink and their dope than have died for their religion or their country." Given events since he wrote that, from the more almost daily obscure atrocities committed over religion (sometimes infused by tribalism or nationalism) in Africa, Asia and the Middle East over the past 50 years to the attacks on the American financial district and Washington, D.C. on September 11, 2001 and the thousands of military and civilian deaths worldwide since then, I…
  • There's a Legislative History of the 12 Rules of Client Service?

    JD Hull
    25 Mar 2015 | 5:09 am
    Of sorts, yes. Originally there were 14 rules. We've mentioned often since publishing them nine years ago that this blog's 12 Rules of Client Service sprang from the "How To Practice Law" section of Hull McGuire PC's Practice Guide, a 35 page booklet written in 2000 for associates and paralegals that we revised frequently through 2004. In fact, the single paragraph introducing the Rules on April 3, 2006 cites this dubious and certainly mysterious authority up front. Beginning November 19, 2005, I set out to write a rule-by-rule "12-Step" program for lawyers, professionals and executives. The…
  • Think Like the Client--Help Control Costs.

    JD Hull
    24 Mar 2015 | 2:19 am
    Rule 8 is Think Like the Client--Help Control Costs. The 2006 Explanatory Note for Rule 8--we reluctantly decided that an Advisory Committee Notes regime was a bit grandiose--begins this way: Ask an associate lawyer or paralegal what a "profit" is. You will get two kinds of answers. Both answers are "correct" but neither of them helps anyone in your firm think like the client. The answers will be something like this. (1) "A profit is money remaining after deducting costs from receipts." This is the correct young transactional/tax lawyer answer. Or (2) "it's money left over at the end of the…
 
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    Legal Juice

  • All Those Things You Hear About The Importance Of A Solid Foundation? They’re True! Ask These Folks.

    John Mesirow
    28 Mar 2015 | 9:09 pm
    Was it “Wait, I thought we tested the soil?” or “Soil, shmoil. It looks fine to me. Build it!” It’s unclear what happened because the case of the sliding house has not yet gone to trial … but it’s headed there now. As reported by NJ Advance Media for NJ.com: A $7.4 million judgment for the owner of a Florham Park house that is gradually sliding down a hill was thrown out by an appellate court last month. But another appeal may still bring it to the New Jersey Supreme Court. The initial $7.4 million award was made to homeowner Humayun Akhtar in 2011…
  • You Don’t Want To Get Between This Man, His White Castle, And His Beer.

    John Mesirow
    27 Mar 2015 | 9:07 pm
    Clearly he didn’t go about it the right way, and not to disparage White Castle, but having had their burgers, The Juice can testify that they would definitely go down better with beer, or any other alcoholic beverage. As reported by riverfronttimes.com (St. Louis, Missouri): A White Castle customer was so upset he couldn’t wash his sliders down with an ice cold beer that he stabbed another customer in the head, police say. The knife-wielding craver was trying to BYOB around 3:50 a.m. Tuesday at the downtown White Castle on South Broadway near Busch Stadium when an employee asked…
  • If It Works, Keep Doing It, Right? It’s Not A Hard Choice. Or … Is It?

    John Mesirow
    26 Mar 2015 | 9:07 pm
    In sports, that’s something you hear over and over. If it works, keep doing it until the other team stops you. Then adjust your game plan accordingly. Alas, sports is not like life in many regards, including this one. Just ask this gent, who was awfully fond of a particular convenience store. As reported by NJ Advance Media for nj.com: As one officer pinned him against a fence and more officers arrived, a man suspected of robbing the same convenience store three times this week admitted defeat. “OK, you got me,” he said, according to police reports. Hoboken police arrested…
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    Ernie the Attorney

  • Are you fooling yourself?

    Ernie Svenson
    16 Mar 2015 | 3:45 am
    Good scientists relentlessly seek truth, and have rigorous processes for discovering it. Renowned physicist Richard Feynman has a description of the process that goes like this: “The first principle is that you must not fool yourself, and you are the easiest person to fool.” Most non-scientists are cavalier about discerning truth, and they’re pretty easy to fool. After all, they’re often fooling themselves. Kind of makes you wonder, doesn’t it? How do you know when you’re fooling yourself? It’s tricky, because you have to examine your own mind. And that’s not…
  • Hidden agony

    Ernie Svenson
    23 Feb 2015 | 9:35 am
    Have you ever come face-to-face with someone suffering from disturbing voices, crazy thoughts that won’t go away? Odds are you have. But you wouldn’t notice unless they’re totally crazy… and speak those thoughts out loud. My dad would notice. Because that was his job. For example, one day a woman walked into my dad’s office waiting room and sat down. When my dad came out he saw her sitting, looking especially disturbed. He asked if she had an appointment. She said “no, but I really need to talk to you.” He invited her into his office, and offered a chair. Then he asked how…
  • Keith Richards explains the creative process

    Ernie Svenson
    15 Feb 2015 | 3:00 am
    Keith Richard’s autobiography Life provides fascinating insight into the life of a celebrity living through the 1960’s and 70’s. But it’s the parts where he describes the process that led him, and Mick Jagger, to create their now-famous songs that I found most intriguing. Here are some of passages related to creativity (the summary headings, some paragraph breaks, and the bold emphasis, were added by me and aren’t part of the book) Learning to write songs; starting with the first song “As Tears Go By.” “We sat there in the kitchen and I…
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    Ask the Lawyer @ Dear Esq.

  • What Are My Easement Responsibilities?

    House Attorney
    27 Mar 2015 | 7:47 pm
    I live in a small community with a POA. Our plat is bordered by a public easement which we maintain. Between the road and the sidewalk there are 4 trees that are dead and we are being pressured by the POA to remove and replace these trees.
  • Can My Daughter Be Claimed As A Dependant?

    House Attorney
    26 Mar 2015 | 6:00 am
    I have been raising my daughter since she was 3-months-old. I am not her biological parent. She had minimal contact with her birth parents. She is informally adopted to me. I had power of attorney to be able to make all decisions needed. They had insurance through their jobs for her until she was 3 or 4.
  • Am I Trespassing Onto My Neighbor’s Property?

    House Attorney
    24 Mar 2015 | 9:52 pm
    My husband and I have lived in our house for almost 13 years now. Before we bought our home we reviewed the survey and were aware that our neighbors fence was to their backyard which was 5 ft from the edge of our driveway and the edge of our driveway is the property line. The previous owners of our home put in a sprinkler system and there are 5 sprinkler heads and a valve box that are on the property that is technically our neighbors.
 
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    Balkinization

  • The Path of Robotics Law

    JB
    29 Mar 2015 | 5:35 am
    I have posted a draft of my latest essay, The Path of Robotics Law, on SSRN. Here is the abstract:This essay, written as a response to Ryan Calo's valuable discussion in "Robotics and the Lessons of Cyberlaw," describes key problems that robotics and artificial intelligence (AI) agents present for law.The first problem is how to distribute rights and responsibilities among human beings when non-human agents create benefits like artistic works or cause harms like physical injuries. The difficulty is caused by the fact that the behavior of robotic and AI systems is "emergent;" their actions may…
  • Commemorating the Joint Committee on Reconstruction

    Gerard N. Magliocca
    28 Mar 2015 | 8:49 am
    This is a year filled with sesquicentennial anniversaries of the Civil War.  Lee's surrender to Grant, Lincoln's assassination, and the ratification of the Thirteenth Amendment all occurred in 1865.But another transformative event of 1865 may not be celebrated at all.  In December 1865, Congress created the Joint Committee on Reconstruction, which gave us the Fourteenth Amendment.  As far as I know, this conclave, which amounted to a Second Constitutional Convention, has never received any official recognition.  Given that Reconstruction was condemned as a disaster until…
  • IP and Other Regulations

    Guest Blogger
    27 Mar 2015 | 10:00 am
    Mark A. Lemley [1]For the Innovation Law Beyond IP 2 conference, March 28-29 at Yale Law SchoolIntellectual property (IP) is a form of regulation. As I have argued elsewhere, [3] IP laws are deliberate government interventions in the market to try to shape how people participate in that market, encouraging new creation by rewarding it with above-market returns and discouraging imitation by imposing damages or even barring it altogether.Once we understand IP laws as government social policies that seek to alter market outcomes, we can start to think of those laws as part of a broader tapestry…
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    Althouse

  • Sunset.

    29 Mar 2015 | 5:27 pm
    Right now. Seen from our deck.
  • "In 1998, the philosophers Andy Clark and David Chalmers introduced the idea of 'the extended mind'..."

    29 Mar 2015 | 3:48 pm
    "... arguing that it makes no sense to define cognition as an activity bounded by the human skull. Humans are masters of mental outsourcing: we archive ideas on paper, we let Google Maps guide us home, and we enlist a spouse to remember where our wallet is," writes Daniel Zalewski in a New Yorker article about an artist, Lonni Sue Johnson, who has suffered from from amnesia ever since, in 2007, viral encephalitis "essentially obliterated her hippocampus."Her "extended mind" includes: 1. a tote bag full of various notes and maps, and 2. her sister Aline (whose "account of her life [she trusts]…
  • People dancing in movies are all doing the same dance.

    29 Mar 2015 | 8:22 am
    Except Cher. She's doing The Monkey.Based on that set of clips the essential movie dance is: Face forward, plant your feet apart, elbows up and out sideways, punch one fists up and then the other in a way that causes movement in the rest of your body. No real footwork is involved. The actors in the movies in that video are not Fred Astaire.
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    Concurring Opinions

  • Does Scholarship Really Have an Impact? The Article that Revolutionized Privacy Law

    Daniel Solove
    29 Mar 2015 | 9:21 pm
    Does scholarship really have an impact? For a long time, naysayers have attacked scholarship, especially scholarship about law. U.S. Supreme Court Chief Justice Roberts once remarked: “Pick up a copy of any law review that you see, and the first article is likely to be, you know, the influence of Immanuel Kant on evidentiary approaches in 18th Century Bulgaria, or something.” He noted that when the academy addresses legal issues at “a particularly abstract, philosophical level . . . they shouldn’t expect that it would be of any particular help or even interest to the…
  • The Significant Decline in Null Hypothesis Significance Testing?

    Dave Hoffman
    29 Mar 2015 | 12:09 pm
    The likelihood is higher that this portrait represents Bayes than it does me. (Cross-posted at Prawfs.) Prompted by Dan Kahan, I’ve been thinking a great deal about whether null hypothesis significance testing (NHST, marked by p values) is a misleading approach to many empirical problems.  The basic argument against p-values (and in favor of robust descriptive statistics, including effect sizes and/or   Bayesian data analysis) is fairly intuitive, and can be found here and here and here and here.  In a working paper on situation sense, judging, and motivated cognition, Dan, I,…
  • Pregnancy as Disability

    Naomi Cahn
    28 Mar 2015 | 5:33 am
    When I teach family law, I briefly discuss the Pregnancy Discrimination Act. The basic hypothetical that I use is: Ace Employer makes no accommodations for any disabilities (other than what is required under the Americans with Disabilities Act). Betty Employee, a truck driver who has to lift heavy packages, becomes pregnant and requests an accommodation. Must Ace make an exception to its “no accommodation” policy? In Young v. UPS, the Supreme Court responded to a variation of that basic hypothetical. What happens to Betty (AKA Peggy Young) when Ace Employer (AKA UPS) accommodates…
 
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    Sui Generis-a New York Law Blog

  • The courts on mobile devices in the courtroom

    NBlack
    27 Mar 2015 | 9:59 am
    This week's Daily Record column is entitled "The courts on mobile devices in the courtroom ."  My past Daily Record articles can be accessed here. The courts on mobile devices in the courtroom  In 2007, the iPhone was launched. Thus began the mobile revolution. Now, 8 years later, 77 percent of lawyers use smartphones for law-related tasks, according to the results of the American Bar Association’s 2014 Legal Technology Survey Report. This, even though lawyers are traditionally slow to incorporate new technologies into their work flows. Mobile devices have been the exception,…
  • Fire at Buffalo firm proves value of digital storage

    NBlack
    13 Mar 2015 | 11:03 am
    This week's Daily Record column is entitled "Fire at Buffalo firm proves value of digital storage."  My past Daily Record articles can be accessed here. Fire at Buffalo firm proves value of digital storage  Last week, a fire broke out in a high rise building in downtown Buffalo. The fire originated on the 15th floor of the building where a law firm was located. Unfortunately for the law firm, the fire and the subsequent efforts of the firefighters to extinguish it caused a sequence of events that resulted in every lawyer’s nightmare: the disclosure of confidential files.As reported…
  • Lawyers, social media evidence and discovery obligations

    NBlack
    4 Mar 2015 | 11:22 am
    This week's Daily Record column is entitled "Lawyers, social media evidence and discovery obligations."  My past Daily Record articles can be accessed here. Lawyers, social media evidence and discovery obligations If you’re a litigator, you know as well as I do how important social media evidence has become in recent years. Social media sites are virtual treasure troves of useful data and obtaining access to that information can be vital to mounting a successful case.That’s why so many lawyers are now routinely requesting access to social media accounts during litigation. The…
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    Conglomerate

  • There May Not Be More Dissents On The SEC

    David Zaring
    29 Mar 2015 | 10:39 pm
    We're halfway through the decade, and we just got a statement from SEC Commissioner Michael Piwowar on a new high frequency trading rule that wasn't exactly a dissent, but looked like it would be laying the groundwork for one: This is a proposal about regulatory structure, not market structure.  In my many years as a market microstructure researcher, I have not seen one research paper on Rule 15b9-1 or requiring FINRA membership for proprietary trading firms, and I have never even heard it come up in a discussion of market structure.  And, since I have been a Commissioner, I have…
  • The Latest Attempt To Slow The Revolving Door At The SEC

    David Zaring
    26 Mar 2015 | 3:29 pm
    I have argued in a paper that the revolving door seems much less problematic than conventional wisdom would have it.  And Ed DeHaan, Simi Kedia, and their co-authors have found that SEC lawyers who go through the door usually try to show off when at the agency by bringing and winning bigger cases. But Congressman Stephen Lynch isn't so sure about that door, and has introduced the SEC Revolving Door Restriction Act of 2015 to put some brakes on it.  His press release: H.R. 1463, the SEC Revolving Door Restriction Act of 2015, amends the Securities Exchange Act of 1934 to prevent former…
  • Symposium: The Future of Financial Intermediation

    Usha Rodrigues
    26 Mar 2015 | 9:30 am
    I'm driving up to Winston-Salem today for what looks to be an excellent conference at Wake Forest.  I'm looking forward to seeing Alan Palmiter, Omari Simmons, Andrew Verstein, and other friends.  I can't wait!
 
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    Ms. JD Blog

  • Ms. JD Welcomes Two New Members to the Board of Directors!

    editor
    26 Mar 2015 | 7:41 pm
    Ms. JD, a nonprofit, nonpartisan organization dedicated to the success of women in law school and the legal profession, is very excited to welcome Jane Rosales and Erin Callahan to the Board of Directors. Erin Callahan attended her first Ms. JD conference in 2011 and has served on the conference committee for the past two years. In addition to serving on the Ms. JD Board of Directors, Erin also serves on the Board of Directors of the Dallas Women Lawyers Association. “I am excited to be joining the Ms. JD Board of Directors and I'm honored to have been selected. I am looking…
  • 4 Laws and Safety Regulations for Women Truckers

    jessijess
    25 Mar 2015 | 1:59 am
    Nearly 200,000 women in the U.S. currently have a career in truck driving, and the male-dominated industry is seeing an increase in women earning their CDLs each year. Female drivers are four times more likely to pass the CDL exam on the first attempt than males. According to Midwest Carriers Corp., female truck drivers are also five times more likely to adhere to safety regulations and three times less likely to get into an accident than men. Female truck drivers are often afraid for their safety and have to suffer through conditions that are unfair in a field still dominated by men.
  • Worth the Wait: Navigating the Law School Waitlist Process

    Courtney Gabbara
    23 Mar 2015 | 6:18 am
    No one has ever said that the law school admissions process was fun. What can make it even worse is finding out one or several of your top law school choices have decided to place you on the waitlist. For many students, placing on the waitlist can be difficult to navigate.  I mean, being put on the waitlist means that they don’t like you, right? WRONG As a law school admissions representative, I guide students through this process on a regular basis. To them, it’s as cold as being outright rejected, but as confusing as an advanced physics problem. Rest assured, however, the…
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    Legal Profession Blog

  • Felon In Possession Of License

    Legal Profession Prof
    27 Mar 2015 | 5:15 pm
    The Louisiana Supreme Court conditionally admitted a bar applicant subject to compliance with conditions imposed by the Lawyer Assistance Program (LAP). Justice Clark dissented By granting conditional admission to this applicant, this Court has once again lowered the standards demanded...
  • Iowa Stubborn

    Legal Profession Prof
    27 Mar 2015 | 6:37 am
    The Iowa Supreme Court has suspended the former Madison County Attorney for having sex with and then beating up a client. The attorney will not be eligible to seek reinstatement for eighteen months. The Grievance Commission had proposed a four-year...
  • The Third Strike Leaves Court "Beyond Satisfied"

    Legal Profession Prof
    27 Mar 2015 | 5:59 am
    The Maryland Court of Appeals has issued an opinion summarized in this headnote Court of Appeals disbarred lawyer who, among other things, engaged in sending sexually explicit text messages and informed woman that “sugar daddy” would pay her to watch...
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    China Law Blog

  • The China Bank Switch Scam: Still Very Much Alive.

    <a href=''>China Law Blog</a>
    29 Mar 2015 | 7:56 am
    Long ago I formulated a self-imposed rule. Whenever I or one of my firm’s other China lawyers receive three emails on the same thing in a week, I write about it. Haven’t been so forced for a while, but it happened this week and the topic is that good old stand-by, the China Bank Switch Scam. Two of the emails were from companies that had lost less than $50,000 and they were of the “we will never do business with China” school, so not all that much to be said about them. The third one though is far more substantial and I will be describing that one shortly.   But…
  • Made In China?

    <a href='http://harrismoure.com/our-team/chris-priddy/'>Chris Priddy</a>
    26 Mar 2015 | 12:12 pm
      Before you read this post, take a moment to look at the back of your computer monitor or handheld device. Do you see a tag that states “Made in China?” My computer monitor does; my iPhone states it a little differently as Assembled in China. For products imported into and sold in the United States, this product information is not a customer courtesy – it is legally required. Claims about products’ countries of origin are regulated by U.S. Customs and Border Protection (“CBP”). U.S. law generally requires that all foreign products imported into the United States have some…
  • China Bank Technology Rules, Part 2: Go Local Or Go Home

    <a href='http://www.harrismoure.com/our-people/steve-dickinson'>Steve Dickinson</a>
    25 Mar 2015 | 3:58 am
    In my post last week, China Bank Technology Rules: Not the Same Old Thing, I said I would come back here with a solution to this bank software mess. How should U.S., European and Japanese bank software developers deal with this issue? The basic resolution will come in two steps. First, recognize that this is a software issue and not a trade issue. Second, software developers must face a stark choice. They either capitulate by going local or they stick to their fundamental rules and go home. The middle ground is rapidly being eliminated.  First, consider the software issue. The question of…
 
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    Patently-O » Patent

  • Million Dollar Mistake? The Cost of Limiting or Canceling IP Rights

    Dennis Crouch
    29 Mar 2015 | 8:53 am
    Guest post by  Cynthia M. Ho, Clifford E. Vickrey Research Professor, Loyola University of Chicago School of Law. Philip Morris and Eli Lilly think that they are entitled to millions in compensation from countries that limit or deny desired intellectual property rights.  These companies are the first to challenge IP issues pursuant to international agreements protecting investments of foreign companies. However, they join a trend of companies increasingly suing states before a panel of private arbitrators pursuant to investor-dispute settlement (ISDS).  The substantial financial stakes may…
  • Deputy Director Russ Slifer

    Dennis Crouch
    26 Mar 2015 | 8:14 am
    As I mentioned in my twitter feed, Russ Slifer has now been sworn-in as Deputy Director of the USPTO after being nominated by Director Michelle Lee and then appointed by Secretary of Commerce Penny Pritzker.  The PTO leadership is again at its full strength with a healthy mix of PTO insiders and outsiders, but all having years of direct intellectual property law experience.  We should expect Lee and Slifer to stay on the job for the next two years. But, as political appointees, the expectation is that they will be out once a new president is sworn-in, although that transition can…
  • Duty of Candor and Indefinite Claims

    Dennis Crouch
    25 Mar 2015 | 1:31 pm
    The Patent Act requires that patent claims be clear and distinct. 35 U.S.C. 112(b)(“The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.”).  Ambiguity is important because it can fundamentally smudge patent scope and resulting enforceability.  As a friend recently commented to me – that ambiguity fuels conflict and (in my view) helps spoil the market for patents. The rule of definiteness is designed to put the world on notice of the…
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    Religion Clause

  • Recent Articles of Interest

    Howard Friedman
    30 Mar 2015 | 4:00 am
    From SSRN:Daniel Ortner, Conscientious Offenders: Russia's Ban on 'Extremist' Religious Literature, and the European Court of Human Rights, (Virginia Journal of International Law, Forthcoming).Karin Beatrix Calitz, The Liability of Churches for the Historical Sexual Assault of Children by Priests, (Potchefstroom Electronic Law Journal, Vol. 17, No. 6, 2014).Rowena Bronwen Bernard, Reasonable Accommodation in the Workplace: To Be or Not to Be?, (Potchefstroom Electronic Law Journal, Vol. 17, No. 6, 2014).Shivam Goel, Concept of Rights in Islam, (in Concept of Rights in Islam; Lambert Academic…
  • Ramapo Villages Officials Cleared of Discrimination Claims Growing Out of Zoning Fight

    Howard Friedman
    29 Mar 2015 | 7:27 am
    In Bernstein v. Village of Wesley Hills, (SD NY, March 27, 2015), a New York federal district court rejected religious discrimination claims growing out of a chapter in the long battle between Hasidic residents and others in parts of Rockland County, New York. As recounted by the court:Plaintiffs are religious corporations and individuals affiliated with the Chofetz Chaim sect of Orthodox Judaism, and they allege an interest in the operation of Kiryas Radin, a religious educational institution and center for religious activity and prayer, located on 4.7 acres of unincorporated land in the…
  • Recent Prisoner Free Exercise Cases

    Howard Friedman
    29 Mar 2015 | 5:00 am
    In Stavenjord v. Schmimdt, (AK Sup. Ct., March 20, 2015), the Alaska Supreme Court held that a trial court was incorrect in dismissing a RLUIPA claim by a Buddhist prisoner who wanted to receive a kosher diet and to purchase a prayer shawl.In Lewis v. Godinez, 2015 U.S. Dist. LEXIS 34839 (ND IL, March 20, 2015), an Illinois federal district court allowed a Rastafarian inmate to proceed with his complaints that he was forced to cut his dreadlocks, denied access to religious literature, and that the prison refused to hire a Rastafarian religious leader or provide Rastafarian…
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    LIKELIHOOD OF CONFUSION®

  • Secondary Trademark Infringement: Don’t wait for the movie!

    Ron Coleman
    29 Mar 2015 | 5:53 pm
    Critics agree:  Buy the Jane Coleman and Griff Price’s Secondary Trademark Infringement from Bloomberg BNA –or you’re liable to miss the big one!
  • Best of 2011: “Life rights”? (Making things with life?)

    Ron Coleman
    27 Mar 2015 | 11:31 am
    10 Years of LIKELIHOOD OF CONFUSION® First posted May 23, 2011. Pittsburgh Trademark Lawyer Daniel Corbett brings us an NBA star’s attempt at a four-point shot: Post-relationship drama takes many forms, but federal court litigation under the Lanham Act isn’t typically one of them– unless you’re Miami Heat forward Chris Bosh.  Bosh recently filed suit against the producer of VH1′s “Basketball Wives,” which, as Bosh correctly notes, comprises about as many ex-wives and/or girlfriends as it does “basketball wives” in the term’s…
  • Functionality in trademark and patent law

    Ron Coleman
    26 Mar 2015 | 12:31 pm
    What with all the hoopla over controversial and headline-making cases, it’s tempting sometimes to forget about the need to drill and to stay up to date on the everyday craft of trademark law.  So when John Welch sees fit to pause from keeping tabs on the TTAB and share his thoughts on a fundamental topic in the art, not paying heed may constitute a prima facie departure from the standard of care for anyone unable to demonstrate that they’re as good at this stuff as he is. Which, of course, you may be.  And indeed people who are very good at this stuff tell me they read…
 
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    Grits for Breakfast

  • DPS border surge made rest of state measurably less safe

    Gritsforbreakfast
    30 Mar 2015 | 4:00 am
    When the Department of Public Safety shifted its deployments to the border as part of "Operation Strong Safety," it measurably reduced DPS enforcement in the rest of the state, resulting in fewer citations and warnings issued statewide and corresponded to a period when traffic accidents increased. Further, arrests by DPS and especially the Texas Rangers plummeted in counties outside the border region. Check out discussions of the various data from three MSM outlets:Dallas NewsEl Paso TimesEl Paso Times (editorial) Texas MonthlyThis was always, obviously true - troopers displaced from their…
  • No need to pick a side when everybody's wrong

    Gritsforbreakfast
    29 Mar 2015 | 4:22 pm
    Grits finds it ironic that David Dow, a Houston appellate lawyer specializing in death penalty work, is claiming the Court of Criminal Appeals issued an illegal sanction against him by suspending his practice before the court for a year. Quite humorously, to me anyway, he's in essence making the same argument Sharon Keller did when the State Commission on Judicial Conduct issued her an illegal "warning" instead of a "censure." Here's Dow's main argument, as reported by the Texas Tribune: "Even if a claim could be made that Dow's actions had interfered with the CCA's core functions, the CCA,…
  • Should the AG or special prosecutors litigate police misconduct instead of local DAs?

    Gritsforbreakfast
    27 Mar 2015 | 3:36 pm
    On Thursday, your correspondent testified before the House Select Committee on Emerging Texas Law Enforcement Issues on behalf of the Texas Criminal Justice Coalition for a pair of bills which suggested alternatives to having local District Attorneys prosecute cases of serious police misconduct. HB 1369 by Harold Dutton would create a special unit at the Attorney General's office to prosecute police misconduct cases, taking them away from local District Attorneys who must worry about the consequences of indicting officers who are witnesses in their cases, not to mention political backlash…
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    Drug and Device Law

  • Result-Driven Affirmance of Birth Defect Verdict

    Eric Alexander
    27 Mar 2015 | 1:59 pm
                We have said it before – birth defect cases are hard.  Juries and judges are sympathetic where the individual whose health is at issue had no say in the matter.  We have also said that we do not like it when judges frame the insistence of the defendant on things like proof of proximate cause as an attempt to avoid liability, as if liability were the default where the plaintiff has a tangible injury.  We may or may not have said that we do not like it when opinions refer to plaintiffs by their first names,…
  • BRICK BY BRICK, THE LEARNED INTERMEDIARY DOCTRINE PAVES A WEST VIRGINIA PATH

    Rachel B. Weil
    27 Mar 2015 | 10:44 am
    Back in November, we exulted over the pelvic mesh MDL judge’s resurrection of West Virginia’s learned intermediary doctrine.   In Tyree v. Boston Scientific Corp., ___ F. Supp.3d ___, 2014 WL 5431993 (S.D.W. Va. Oct. 23, 2014), as we reported, the Court held that the learned intermediary doctrine governed a medical device manufacturer’s duty to warn when the manufacturer had never engaged in direct-to-consumer advertising. We are pleased to report that such displays of common sense are no longer confined to the mesh litigation. In O'Bryan v. Synthes, Inc., 2015 U.S. Dist.
  • Let’s Talk InFuse

    Michelle Yeary
    26 Mar 2015 | 10:16 am
                This post is from the non-Reed Smith side of the blog only.            The InFuse litigation has certainly given us quite a lot to talk about – and almost all of it positive.  It has been a treasure trove for defendants on off-label marketing and promotion claims.  We’ve collected this bounty of riches here.  While each case has its own nuances, they are all really slight variations on a theme – the almost unanimous rejection of plaintiffs’…
 
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    Crime and Consequences Blog

  • Cop Cameras, Privacy, and Public Records

    Kent Scheidegger
    29 Mar 2015 | 9:47 am
    As the direct cost of video recording plummets to the insignificant, there is widespread support for more cameras in law enforcement, from interrogation rooms to dashboards to the cops themselves.  From the standpoint of those who generally support law enforcement, we are confident that in the vast majority of cases where police misconduct is alleged, a recording will refute the allegation.  The most powerful example of where a video could have done a world of good, of course, is the recent Ferguson, Missouri debacle.  We now know that "hands up" was a lie and this was a fully…
  • "Hands Up, Don't Shoot," the Minor League Version

    Bill Otis
    28 Mar 2015 | 3:58 pm
    Accusing the police of racially-motivated abuse has become a favorite indoor sport. As the title of this entry suggests, the most prominent recent episode by far was the malicious and fake accusation that white police officer Darren Wilson murdered a peaceful and compliant Michael Brown simply because Brown was a teenage African American.  It turns out that the accusation was concocted, but it got plenty of currency, including from the Attorney General (until his own Justice Department, months later, quietly debunked it).As ever undeterred by the truth, the Cops-Are-Klansmen industry…
  • New Leadership at NAAUSA

    Bill Otis
    28 Mar 2015 | 1:09 pm
    The National Association of Assistant United States Attorneys (NAAUSA) is an organization representing career federal prosecutors.  I was a member at one time, although my membership has lapsed.  It led the opposition of hundreds of prosecutors to the Smarter Sentencing Act, which failed in the last Congress (but has been re-introduced now).  Its opposition was cited by then Ranking Member, now Chairman, Chuck Grassley, in his statement in opposition to the Act after it got out of Committee.  It then never made it to the floor, despite then-Majority Leader Harry…
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    TalkLeft

  • Amanda Knox: Justice At Last in Perugia

    Jeralyn
    28 Mar 2015 | 7:39 am
    It's over, for good. Amanda Knox can finally put this horrific 8 year ordeal behind her. Italy's Supreme Court of Cassation has fully exonerated both Amanda and Raffaele Sollecito of murder. The supreme Court of Cassation panel deliberated... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
  • Friday Open Thread

    Jeralyn
    27 Mar 2015 | 7:10 am
    An exhausting week at work. I'm so glad it's Friday. Here's an open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
  • OIG Report on DEA Agents' Sexual Misconduct Allegations

    Jeralyn
    27 Mar 2015 | 6:50 am
    Via Politico, the Office of Inspector General has issued a report on sexual misconduct allegations against agents in four law enforcement agencies in the Department of Justice, including the DEA, FBI, ATF and Marshals Service. The full report... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
 
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    TheFunded Founder Institute News

  • Startup Founders: Failure Is NOT An Option

    27 Mar 2015 | 12:45 pm
    The Founder Institute CEO, Adeo Ressi discusses the culture of failure within the startup community, which was featured in a Forbes video titled “FAIL ACADEMY: The Culture Of Failure.” Silicon Valley has embraced failure as part of the startup scene, but it may be for the wrong reasons. There is nothing wrong with failure as it allows founders to reflect from past mistakes in hopes that they will not be repeated in the future. Failure grows founders and challenges them to work harder than ever before in order to achieve success. It motivates them to push boundaries or reveals to…
  • The Founder Lab Returns to Help Strengthen Promising Startups. Applications Now Open!

    26 Mar 2015 | 2:15 pm
    As the world’s largest entrepreneur training and startup launch program, the Founder Institute has launched more than 1,500 companies across 50 countries since 2009. As part of our efforts to accelerate exceptional founders to the next step in their development, the Founder Institute is proud to announce the return of the Founder Lab program. The Spring 2015 Founder Lab is now accepting applications, until the Final Deadline on April 12, 2015. This program will give seed-stage startups the opportunity to spend 10 days in Silicon Valley learning valuable skills from world-renowned…
  • GamingBattleGround Scores Big at Startup Competitions

    26 Mar 2015 | 12:05 pm
    GamingBattleGround, a Zagreb Founder Institute graduate, is a platform where amateur and casual video gamers can join or create their own tournaments with their own rules and set their own tournaments fees, while rewards are based on the amount of fees collected. The company was selected as top teams for the “Startup Sauna Acceleration Program,” which connects the most promising startups from Nordics, Eastern Europe and Russia with experienced serial entrepreneurs, investors and other industry experts through an intensive one month accelerator program. In addition,…
  • Customer Experience Lessons From Experts at Hewlett-Packard, Sony, and Apple

    26 Mar 2015 | 4:50 am
    The Founder Institute recently concluded its inaugural Founder Lab program, in which various promising seed-stage startups from around the globe spent a week in Silicon Valley working with world-renowned entrepreneurs and investors. Despite the short duration of the program, participating companies went home with a fully refined pitch-deck, access to the Founder Institute’s global network of founders and investors, and a tactical 2015 execution plan to raise funding, grow KPIs, develop product, and more. If your company can benefit from exposure to Silicon Valley’s most…
  • Realty Mogul interviewed on GlobeSt.com, TourSnapp featured in Sonntags Journal, and more

    25 Mar 2015 | 5:25 pm
    Since launching in 2009, the Founder Institute has helped launch over 1,310 new technology companies across 85 cities, 40 countries, and six continents. These companies have gone on to do great things, and create over 10,000+ new jobs. Over the past week, PlantID3 is finalist in the Canada Global Impact Competition, Realty Mogul new hire Shea Pallente interviewed in GlobeSt.com, TourSnapp featured in Sonntags Journal, and more Grad News. Below is a roundup of recent Founder Institute Graduates in the news: PlantID3 becomes finalist in the Canada Global Impact Competition: Singularity…
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    SCOTUSblog

  • Monday round-up

    Amy Howe
    30 Mar 2015 | 3:24 am
    Briefly: In the Los Angeles Times, David Savage looks at a case that the Justices considered at their Conference last week, asking “whether a school official’s fear of violence justified disciplining students for wearing American flags on their shirts.” At Slate, Judith Schaeffer looks back at comments about Loving v. Virginia made by Chief Justice John Roberts during his confirmation hearing, and she argues that the decision makes “clear” that the state laws at issue before the Court in the challenges to state bans on same-sex marriage “infringe on the fundamental right of…
  • Petition of the day

    Maureen Johnston
    27 Mar 2015 | 7:20 pm
    The petition of the day is: Vaughn v. United States 14-921Issue: Whether the minimum required culpability state for denying a bankruptcy debtor a discharge of a tax debt based on the debtor's participation in a disallowed tax shelter, and spending decisions in light of a known or potential tax debt is: (1) negligence (i.e., the debtor should have known better than to participate in the tax shelter or spend money on something other than a present or potential future tax bill), per the analysis of several circuits including the Tenth Circuit in In re Vaughn; (2) specific intent (i.e., the…
  • Argument preview: Mental disability and death sentencing

    Lyle Denniston
    27 Mar 2015 | 10:38 am
    At 10 a.m. Monday, the Supreme Court will hold one hour of oral argument on the procedure to be used to determine if an individual is mentally disabled and thus cannot be given a death sentence.  In Brumfield v. Cain, arguing for the Louisiana death-row inmate will be Michael B. DeSanctis of the Washington, D.C., office of Jenner & Block LLP.  Representing the state warden will be Premila Burns of Baton Rouge, an assistant district attorney for the East Baton Rouge Parish.  Each lawyer will have thirty minutes of time. Background Over the years, the Supreme Court has created a fairly…
 
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    The Frugal Law Student

  • Public Defenders vs. Private Attorneys

    Brett McKay
    3 Mar 2015 | 7:17 pm
    Here are some stats about public defenders vs. those that hire private attorneys. Some of the numbers may shock you! Via: Los Angeles Criminal Lawyers Farar Law Group
  • Tips for Spotting a Lemon When Buying a Used Car

    Mike
    19 Feb 2014 | 2:15 pm
    In the market for a used car? I found this graphic that can provide some tips on how to spot a lemon. Buying used instead of new is generally the way to go, provided you can weed out the lemons: Via: The Lemon Law Attorneys
  • Managing Your Precious Dollars Smartly – Will This Give You A Debt Free Future?

    Mike
    22 Jul 2013 | 10:29 am
    By: Alden Smith Did you ever knew that a time will come when you will have to check where your precious dollars are going out every month? Well, this might not have even come in your mind unless you found that you’re falling short of cash by the middle of every month. If this is happening with you, then chances are high that you’ve incurred huge debt problems. So, what are you thinking to do now so that you do not fall into debt? Do you really know what personal finance actually is? Many people aren’t aware about it since this subject is not taught either in schools or in colleges. You…
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    Larry Bodine Law Marketing Blog

  • Get Ready for Google Mobilegeddon Coming April 21

    Larry Bodine
    25 Mar 2015 | 11:28 am
      A mobile UNFRIENDLY webstie. Since the advent of smart phones, having a mobile-friendly website was a “nice to have.” This changes on April 21, 2015, when Google expands its use of mobile-friendliness as a ranking signal. According to a recent Google blog post: “This change will affect mobile searches in all languages worldwide and will have a significant impact in our search results. Consequently, users will find it easier to get relevant, high quality search results that are optimized for their devices.” In other words, if your website is not mobile-friendly,…
  • Why Should You Attend the PILMMA Summit?

    Larry Bodine
    19 Mar 2015 | 12:58 pm
    Register now at www.PILMMASummit.com where Top Legal Marketing & Management Experts Share Their Secrets. Superstar Lineup: We've assembled a "Who's Who" of Legal Marketing and Management…Josh King, Conrad Saam, Cindy Speaker, John Fisher, yours truly and many more including PILMMA’s very own Ken Hardison. I'll be on the Internet Panel – Interactive Q&A Session on Saturday July 18, 2015. Agenda If you have any questions please feel free to call me at 520.577.9759 or email me at LarryBodineNow [at] Gmail.com for more information or…
  • LSSO Announces First-ever Legal Industry Sales & Service Awards

    Larry Bodine
    27 Feb 2015 | 12:32 pm
     - Winners to be awarded at the Legal Sales and  Service Organization’s 12th Annual RainDance Conference on June 10th in Chicago –   The Legal Sales and Service Organization (LSSO), an organization for law firm leaders responsible for developing the sales and service strategies that will shape their firms’ futures, announces its first Sales and Service Awards for the legal industry.   The awards – Sales & Service Team of the Year and Sales & Service Executive of the Year – will recognize both the individual and team…
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    Jim Calloway's Law Practice Tips Blog

  • Podcast: Speech Recognition and Dictation Solutions for Today’s Lawyer

    Jim Calloway
    20 Mar 2015 | 12:58 pm
    Our Digital Edge podcast on Speech Recognition and Dictation Solutions for Today’s Lawyer was so good that I have already listened to it again. But that is not bragging because what Sharon Nelson and I did was to sign up...
  • It is time for YOU to attend ABA TECHSHOW 2015

    Jim Calloway
    6 Mar 2015 | 12:52 pm
    UPDATE: TECHSHOW Early Bird deadline extended to 3/13. http://www.techshow.com/pricing/ Whether you have never been to an ABA TECHSHOW or you have been to several in the past, it is time to sign up to attend this year. With the increasing...
  • Uniformity vs. Creativity

    Jim Calloway
    3 Mar 2015 | 2:40 pm
    Are uniformity and creativity two competing concepts? Does striving for uniformity kill creativity? My column in the February 2015 Oklahoma Bar Journal is titled Uniformity vs. Creativity and I argue that law firms, especially small- to mid-sized firms, need to...
 
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    Robert Ambrogi's LawSites

  • A Series of Podcasts Recorded at Above the Law’s Converge Conference

    Robert Ambrogi
    28 Mar 2015 | 8:46 am
      At the March 18 Converge conference sponsored by Above the Law, the Legal Talk Network recorded a series of podcasts featuring interviews with the speakers and with the ATL editors. I hosted several of the interviews and four of the ones I hosted are now posted. They are (follow the links to listen): Online […] The post A Series of Podcasts Recorded at Above the Law’s Converge Conference appeared first on Robert Ambrogi's LawSites.
  • Mass. Becomes 14th State to Adopt Duty of Technology Competence

    Robert Ambrogi
    27 Mar 2015 | 1:11 pm
    I write recently that 13 states had adopted the ethical duty of technology competence reflected in 2012 amendments to the ABA Model Rules of Professional Conduct. Well, make it 14. Today, the Supreme Judicial Court of Massachusetts ordered the adoption of Comment 8 to Rule 1.1, which will now read as follows in Mass.: To […] The post Mass. Becomes 14th State to Adopt Duty of Technology Competence appeared first on Robert Ambrogi's LawSites.
  • Best Legal Products — And Best Non-Existent Products

    Robert Ambrogi
    26 Mar 2015 | 6:47 am
    At her Dewey B. Strategic blog, Jean O’Grady took an unscientific but nonetheless fascinating poll of her readers to ask them about the best new products they became aware of in 2014. She also asked them about the products or services they would like to have but that do not currently exist. Jean is director […] The post Best Legal Products — And Best Non-Existent Products appeared first on Robert Ambrogi's LawSites.
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    Wise Law Blog

  • 140 Law - Legal Headlines for the Week of March 16, 2015

    Rachel, Law Clerk and Office Manager
    23 Mar 2015 | 5:43 am
    Here are the leading legal headlines from Wise Law on Twitter:Arizona sheriff Joe Arpaio agrees to sanctions for contempt of court Jewish summer camp which barred boy appears to be acting within its rightsTarget proposes to pay $10M to settle data breach lawsuit Judge strikes lawyer’s entire defence in negligence spatSupreme Court rules Quebec infringed on Loyola High School's religious freedom - Montreal - CBC News Bar Exam, the Standard to Become a Lawyer, Comes Under FireCharges dropped against homeless northern Ontario woman who built her own cabin New sexual harassment laws,…
  • Late Lawyers (and Other Musings)

    Rachel, Law Clerk and Office Manager
    20 Mar 2015 | 8:06 am
    New York City’s embattled, progressive mayor, Bill de Blasio, has in rapid order acquired a bit of a reputation for failing to arrive on time. His tardy tendencies have even launched a new cottage industry in the press, the “De Blasio was Late Again” outrage-of-the-day story.Late the for a St. Patrick’s Day mass. Late for a plane crash memorial service. Late to a police officer’s wake. Late for an event in his own home. Gosh, even late in responding to a snowstorm.Naturally, the most civic minded among the journalistic order have taken it upon themselves to be solution-oriented.
  • Law Society of Upper Canada Honours Lawyers

    Kenneth R. Bandeira
    20 Mar 2015 | 8:03 am
    Every year the Law Society of Upper Canada (the "Law Society") presents its "best of the profession awards". This year awards will be presented on May 27, 2015 at Osgoode Hall. The Law Society was founded in 1797 and is the largest of all Canadian law societies. As of 2010 the Law Society is the regulating body of over 40,000 lawyers, and 2,800 paralegals in Ontario.Recently the Law Society announced this years award winners of the Law Society Medal, the Lincoln Alexander Award, the Laura Legge Award and the William J. Simpson Distinguished Paralegal Award.In a statement the Law…
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    Amazing Firms, Amazing Practices

  • Brainwriting Clobbers Brainstorming

    Gerry Riskin
    25 Mar 2015 | 9:10 pm
    In most law firms, brainstorming processes are dominated by power partners or simply those with force of personality. When this happens, the scope of the process is narrowed and many participants may be disenfranchised. If the goal of a brainstorming session is to tap the brain trust of all participants, then “brainwriting” might be a brilliant solution. In an article about brainwriting published in Fast Company, Rebecca Greenfield writes: [In her book Creative Conspiracy], Thompson found that brainwriting groups generated 20% more ideas and 42% more original ideas as compared…
  • Do Lawyers Need to Blog?

    Gerry Riskin
    19 Mar 2015 | 10:09 am
    Kevin O’Keefe, founder of LexBlog, Inc. It may seem self-evident that Kevin O’Keefe, founder and CEO of LexBlog – the blogging site specifically designed for lawyers and law firms – would be of the opinion that lawyers ought to blog. But, as is often the case with issues that seem self-evident, it is worth looking into the reasons why O’Keefe is such a proponent of blog sites and other social-media-networking opportunities for lawyers. O’Keefe practiced law for 17 years before creating a website that ultimately became the foundation of lawyer.com. He was an early…
  • Does your Firm Need a Chief Experience Officer (CXO)?

    Gerry Riskin
    11 Mar 2015 | 9:15 pm
    Awareness among businesses of the importance of customer experience has never been greater. By considering how companies assess this experience and work to improve it –  such as the introduction of the chief experience officer (CXO) position to management teams – law firms can also improve their competitive advantage. Businesses increasingly recognize that if they want to remain competitive, they must understand their consumers’ experiences with their products. In most law firms, too, there is a greater emphasis than ever before on looking at legal services from clients’…
 
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    LawBiz® Blog

  • “Selling” is an essential for all professionals

    Ed Poll
    20 Mar 2015 | 10:49 am
    “Marketing” is no longer only for the rarefied equity partner. Quinn Emanuel, a major law firm, announced it will require Associates and Of Counsel attorneys to actively participate in at least one marketing effort during the year. There is skepticism among marketing personnel, and even lawyers, how effective such a requirement will be. It would appear, however, that any focus on “marketing” even if not directly related to the current activity of the associate would sensitize the associate to “new business” opportunities that cross the path of every professional regularly. While…
  • Increasing price of legal services and technology as the antidote

    Ed Poll
    20 Mar 2015 | 10:36 am
    The number of new lawyers admitted to the bar was lower in 2014 than in 2013; in addition, law school admissions were considerably lower than in previous years. That suggests there will be fewer lawyers ready and able to fill the ranks of the Baby Boomers as they increasingly leave the practice. Prices to consumers of legal services may increase, depending on the increased utilization of technology. But, compensation for lawyers, even entrepreneurial lawyers will be squeezed and likely lead to continued decreased attractiveness for law school admissions. When the prices of services or goods…
  • The more things change, the more they stay the same.

    Ed Poll
    23 Feb 2015 | 8:10 am
    Just today, in reviewing materials preparatory to moving my office after 25 years at one location, I reviewed the June 6, 1983 issue of Time magazine. Two articles were of particular significance. One was the cover article about “…stress, seeking cures for modern anxieties…” The other was about education, “…have degree, will travel.” “The class of ’83 faces the worst job prospects since World War II…” Ironic, but these two topics seem to be in the forefront even today, February 2015. There may be nuances between the two years,…
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    Newswire RSS

  • King & Spalding Snags Pair of McDermott Litigators

    20 Mar 2015 | 1:36 am
    Bobby Burchfield, a management committee member and head of the complex litigation group at McDermott Will & Emery, has left the firm with partner Matthew Leland for King & Spalding. Burchfield joins the firm nearly four years after the departure of former top litigator Paul Clement. His departure from McDermott comes on the heels of a pair of IP partners defecting for Paul Hastings and as McDermott seeks to ramp up its private client practice.
  • The Malpractice Risk of Electronic Health Records

    17 Mar 2015 | 9:00 am
    Computer malpractice can happen as a result of technological glitches, human error and system design defects; it can threaten the quality of patient care and safety, as well as the safety of patients' health data. These types of errors are typically caused by simple human mistakes or computer malfunctions, as opposed to egregious medical negligence.
  • From Lateral to Chairwoman in Eight Years at Crowell & Moring

    16 Mar 2015 | 9:00 am
    Eight years is not a long time to propel a lawyer from lateral recruit to firm chairwoman. But Angela Styles did it.
 
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    Law.com - Newswire

  • King & Spalding Snags Pair of McDermott Litigators

    20 Mar 2015 | 1:36 am
    Bobby Burchfield, a management committee member and head of the complex litigation group at McDermott Will & Emery, has left the firm with partner Matthew Leland for King & Spalding. Burchfield joins the firm nearly four years after the departure of former top litigator Paul Clement. His departure from McDermott comes on the heels of a pair of IP partners defecting for Paul Hastings and as McDermott seeks to ramp up its private client practice.          
  • The Malpractice Risk of Electronic Health Records

    17 Mar 2015 | 9:00 am
    Computer malpractice can happen as a result of technological glitches, human error and system design defects; it can threaten the quality of patient care and safety, as well as the safety of patients' health data. These types of errors are typically caused by simple human mistakes or computer malfunctions, as opposed to egregious medical negligence.          
  • From Lateral to Chairwoman in Eight Years at Crowell & Moring

    16 Mar 2015 | 9:00 am
    Eight years is not a long time to propel a lawyer from lateral recruit to firm chairwoman. But Angela Styles did it.          
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    Law.com - Newswire

  • King & Spalding Snags Pair of McDermott Litigators

    20 Mar 2015 | 1:36 am
    Bobby Burchfield, a management committee member and head of the complex litigation group at McDermott Will & Emery, has left the firm with partner Matthew Leland for King & Spalding. Burchfield joins the firm nearly four years after the departure of former top litigator Paul Clement. His departure from McDermott comes on the heels of a pair of IP partners defecting for Paul Hastings and as McDermott seeks to ramp up its private client practice.          
  • The Malpractice Risk of Electronic Health Records

    17 Mar 2015 | 9:00 am
    Computer malpractice can happen as a result of technological glitches, human error and system design defects; it can threaten the quality of patient care and safety, as well as the safety of patients' health data. These types of errors are typically caused by simple human mistakes or computer malfunctions, as opposed to egregious medical negligence.          
  • From Lateral to Chairwoman in Eight Years at Crowell & Moring

    16 Mar 2015 | 9:00 am
    Eight years is not a long time to propel a lawyer from lateral recruit to firm chairwoman. But Angela Styles did it.          
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    Law.com - Newswire

  • King & Spalding Snags Pair of McDermott Litigators

    20 Mar 2015 | 1:36 am
    Bobby Burchfield, a management committee member and head of the complex litigation group at McDermott Will & Emery, has left the firm with partner Matthew Leland for King & Spalding. Burchfield joins the firm nearly four years after the departure of former top litigator Paul Clement. His departure from McDermott comes on the heels of a pair of IP partners defecting for Paul Hastings and as McDermott seeks to ramp up its private client practice.          
  • The Malpractice Risk of Electronic Health Records

    17 Mar 2015 | 9:00 am
    Computer malpractice can happen as a result of technological glitches, human error and system design defects; it can threaten the quality of patient care and safety, as well as the safety of patients' health data. These types of errors are typically caused by simple human mistakes or computer malfunctions, as opposed to egregious medical negligence.          
  • From Lateral to Chairwoman in Eight Years at Crowell & Moring

    16 Mar 2015 | 9:00 am
    Eight years is not a long time to propel a lawyer from lateral recruit to firm chairwoman. But Angela Styles did it.          
 
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    Law.com - Newswire

  • King & Spalding Snags Pair of McDermott Litigators

    20 Mar 2015 | 1:36 am
    Bobby Burchfield, a management committee member and head of the complex litigation group at McDermott Will & Emery, has left the firm with partner Matthew Leland for King & Spalding. Burchfield joins the firm nearly four years after the departure of former top litigator Paul Clement. His departure from McDermott comes on the heels of a pair of IP partners defecting for Paul Hastings and as McDermott seeks to ramp up its private client practice.          
  • The Malpractice Risk of Electronic Health Records

    17 Mar 2015 | 9:00 am
    Computer malpractice can happen as a result of technological glitches, human error and system design defects; it can threaten the quality of patient care and safety, as well as the safety of patients' health data. These types of errors are typically caused by simple human mistakes or computer malfunctions, as opposed to egregious medical negligence.          
  • From Lateral to Chairwoman in Eight Years at Crowell & Moring

    16 Mar 2015 | 9:00 am
    Eight years is not a long time to propel a lawyer from lateral recruit to firm chairwoman. But Angela Styles did it.          
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    Law.com - Newswire

  • King & Spalding Snags Pair of McDermott Litigators

    20 Mar 2015 | 1:36 am
    Bobby Burchfield, a management committee member and head of the complex litigation group at McDermott Will & Emery, has left the firm with partner Matthew Leland for King & Spalding. Burchfield joins the firm nearly four years after the departure of former top litigator Paul Clement. His departure from McDermott comes on the heels of a pair of IP partners defecting for Paul Hastings and as McDermott seeks to ramp up its private client practice.          
  • The Malpractice Risk of Electronic Health Records

    17 Mar 2015 | 9:00 am
    Computer malpractice can happen as a result of technological glitches, human error and system design defects; it can threaten the quality of patient care and safety, as well as the safety of patients' health data. These types of errors are typically caused by simple human mistakes or computer malfunctions, as opposed to egregious medical negligence.          
  • From Lateral to Chairwoman in Eight Years at Crowell & Moring

    16 Mar 2015 | 9:00 am
    Eight years is not a long time to propel a lawyer from lateral recruit to firm chairwoman. But Angela Styles did it.          
 
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    Law.com - Newswire

  • King & Spalding Snags Pair of McDermott Litigators

    20 Mar 2015 | 1:36 am
    Bobby Burchfield, a management committee member and head of the complex litigation group at McDermott Will & Emery, has left the firm with partner Matthew Leland for King & Spalding. Burchfield joins the firm nearly four years after the departure of former top litigator Paul Clement. His departure from McDermott comes on the heels of a pair of IP partners defecting for Paul Hastings and as McDermott seeks to ramp up its private client practice.          
  • The Malpractice Risk of Electronic Health Records

    17 Mar 2015 | 9:00 am
    Computer malpractice can happen as a result of technological glitches, human error and system design defects; it can threaten the quality of patient care and safety, as well as the safety of patients' health data. These types of errors are typically caused by simple human mistakes or computer malfunctions, as opposed to egregious medical negligence.          
  • From Lateral to Chairwoman in Eight Years at Crowell & Moring

    16 Mar 2015 | 9:00 am
    Eight years is not a long time to propel a lawyer from lateral recruit to firm chairwoman. But Angela Styles did it.          
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    Chicago IP Litigation

  • Delay During Settlement Talks Not Prejudiced

    R. David Donoghue
    30 Mar 2015 | 3:04 am
    Avnet, Inc. v. Motio, Inc.., No 12 C 2100, Slip Op. (N.D. Ill. Jan. 30, 2015) (Lefkow, J.). Judge Lefkow granted defendant Motio’s motion to amend its answer and counterclaim adding counterclaims and an affirmative defense regarding inequitable conduct and related antitrust claims. As an initial matter, while Fed. R. Civ. P. 15 requires that courts liberally allow amendment, after the deadline to amend of right has passed, Fed. R. Civ. P. 16 allows courts to grant amendment only if the party can show good cause.  Motio had good cause because it could not have identified the alleged…
  • Patent Application Publication Does Not Trigger Statute of Limitation at Pleadings Stage

    R. David Donoghue
    27 Mar 2015 | 4:18 am
    Ferris Mfg. Corp., v. Curaline, Inc., No 14 C 4663, Slip Op. (N.D. Ill. Jan. 21, 2015) (Tharp, J.). Judge Tharp denied defendant’s (collectively “Curaline”) Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff Ferris’ Lanham Act and related state law claims regarding DevraSorb wound care products.  The Court held as follows: Ferris pled sufficient facts to avoid dismissal based upon the five and ten year statute of limitations. While Ferris pled that its first learned of the claims eleven years before filing suit. But Ferris also pled that Curaline misled Ferris during the relevant…
  • Patent Claims Dismissed on Rule 12(b)(6) for Non-Infringement

    R. David Donoghue
    25 Mar 2015 | 4:12 am
    Nalco Co. v. Chem-Mod, LLC, No 14 C 2510, Slip Op. (N.D. Ill. Feb. 4, 2015) (Darrah, J.). Judge Darrah granted defendant’s Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff Nalco’s patent infringement regarding a method for reducing mercury emissions from coal gas by injecting a bromide compound into flue gas. The Court held that Nalco sufficiently pled use, not just an offer to sell or a sale, of the patented method.  But Nalco did not plead a plausible infringement claim.  Nalco’s patent sought a method for treating flue gas during coal combustion.  But defendants accused…
 
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    Ohio Employer's Law Blog

  • WIRTW #361 (the “#RaceTogether” edition)

    Jon Hyman
    27 Mar 2015 | 4:47 am
    Have you heard the one about the coffee chain that wants its employees to engage customers about issues of race and racism in America? Here are the best things I read this past week on this issue, courtesy of Robin Shea’s Employment & Labor Insider: A conversation about race A conversation about race: The Exciting Conclusion And here’s the best thing I watched this past week on the issue, care of John Oliver’s Last Week Tonight on HBO. Here’s the rest of what I read this week: Discrimination Double Space in Docs Now Being Used for Age Discrimination — via The HR Capitalist, Kris…
  • BREAKING: FMLA’s “same-sex spouse” rule on hold, for now

    Jon Hyman
    27 Mar 2015 | 4:14 am
    Today, the new rule that would permit FMLA benefits for same-sex spouses was to take effect. However, late yesterday, a federal judge in Texas granted a preliminary injunction [pdf] temporarily halting the rule. The plaintiffs—the attorney generals of four states that do not recognize same-sex marriages—successfully argued that they were likely to succeed on the merits of their claim that the FMLA rule infringed on their states’ rights under section 2 of the Defense of Marriage Act to ignore same-sex marriages lawfully entered in other states. This is only a temporary victory for the…
  • I’ll give you one guess where the NLRB is holding its “ambush election” training?

    Jon Hyman
    26 Mar 2015 | 4:49 am
    Since I’ve already provided more than 3,000 words of quality labor-and-employment content this week, today’s post will be on the (much) shorter side. On April 14, the NLRB’s “ambush election” rules take effect. You can read all about these rules here. In advance of this implementation, the NLRB is training its employees on the ins and outs of these new rules. Do you know where the NLRB is conducting this training? According to the U.S. Chamber of Commerce, the NLRB is holding its “ambush election” training at the New York City office of the Service Employees International Union.
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    idealawg

  • Life-after-law story: She writes mystery novels and nonfiction too

    StephanieWestAllen
    20 Mar 2015 | 6:55 am
    As a lawyer, Leslie Budewitz was well-qualified to write Books, Crooks, and Counselors: How to Write Accurately About Criminal Law and Courtroom Procedure, winner of the 2011 Agatha Award for Best Nonfiction. She also writes cozy mystery novels; the latest one Assault and Pepper is set in Seattle as will be the rest of that series of books. Why Seattle? She answers at Wicked Cozy Authors: I fell in love with the [Pike Place] Market as a student at Seattle University. Later, as a young lawyer working downtown, I tried to eat my way through the Market once or twice a week. I’d start at the…
  • Another piece of research on negotiation tactics: Can offering a range give you an edge?

    StephanieWestAllen
    14 Mar 2015 | 7:19 am
    Does offering a range of numbers as opposed to one single number help you reach your goal in negotiations? Maybe so. From "Offering a Range of Numbers Can Lead to an Edge in Negotiations" (Mind for Business blog of Association for Psychological Science): New research from Columbia Business School challenges conventional wisdom about making an initial offer during a negotiation. To get the best deal, you may want to consider offering a range of options rather than a single number. Whether bargaining for catering, a new car, or a starting salary, psychological scientists Daniel Ames…
  • New Penn Law podcast series brings audiences “great minds on law and life”

    StephanieWestAllen
    4 Mar 2015 | 9:14 am
    News release from Penn Law: The University of Pennsylvania Law School has launched a new podcast, Case in Point, a series that takes a dynamic new approach to podcasting in higher education and the law.With over one billion subscriptions through iTunes alone, podcasts are quickly becoming one of the go-to sources of information and entertainment for a tech-savvy audience. A unique resource, Case in Point is produced by a one of the nation’s top law schools and convenes scholars from Penn Law with newsmakers, practitioners, and journalists from around the U.S. and the world. The series…
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    Privacy Law Blog

  • OCR’s Enforcement of HIPAA’s Privacy and Security Rules Continues with Robust 2014

    Douglas Dahl
    20 Mar 2015 | 2:10 pm
    Douglas Dahl With the news of the recent cyber-attack and resulting data breach at health insurance giant Anthem Inc., the buzz around data security and privacy is again high.  The Anthem breach serves as a reminder to those entities subject to the Health Insurance Portability and Accountability Act (HIPAA) that failing to keep protected health information secure and private can lead to serious consequences.   In fact, enforcement of HIPAA’s Privacy and Security Rule was at an all-time high in 2014, with the U.S. Department of Health & Human Service’s (HHS) Office for Civil Rights…
  • When is Data Security “Unfair”?

    David Munkittrick
    20 Mar 2015 | 12:13 pm
    David Munkittrick Data security is big news. And so is the Federal Trade Commission (“FTC”). Put the two together in a crucible of litigation, and it is sure to be a blockbuster. That is what the closely-watched case FTC v. Wyndham, now pending before the Third Circuit Court of Appeals, is shaping up to be. The case, in which oral arguments were heard earlier this month, has its beginnings in 2012 when the FTC filed a complaint against Wyndham hotel companies (“Wyndham”) alleging a failure to maintain reasonable data security. Section 5 of the Federal Trade Commission Act endows the…
  • European Union Cookie Sweep Highlights Need for Improved Compliance

    Laura E. Goldsmith
    27 Feb 2015 | 8:20 am
    Laura E. Goldsmith On February 3, 2015, European data protection regulators released the Cookie Sweep Combined Analysis Report analyzing how websites use cookies to collect data from European citizens and highlighting noncompliance with Article 5(3) of the EU’s ePrivacy Directive. Among other requirements, this directive mandates that website operators obtain users’ consent for the use of cookies or similar tracking technologies. Notably, the directive purports to reach beyond the borders of European Union to apply to any website directed to or collecting data from European citizens. To…
 
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    Lawyers, Guns & Money

  • More on the “Stop Hitting Yourself” Theory of Governance

    Scott Lemieux
    29 Mar 2015 | 11:07 pm
    Josh Blackman raises the new theory that Democrats should pay the price for Republican obstructionism to a new level: I trace much of the intractable gridlock in Washington, D.C. to this very moment in 2009 when the ACA was passed on a 60-line vote. In much the same way that Kim Kardashian “broke the internet,” I think Harry Reid ramming the ACA through “broke the Senate.” This is to say nothing of his later decision to trigger the nuclear option, and eliminate the filibuster altogether for judicial nominees other than the Supreme Court. The intransigent Republicans take virtually all…
  • Last Ditch Confederate Efforts

    Erik Loomis
    29 Mar 2015 | 1:49 pm
    150 years ago, the Confederacy was in its death spiral. Yet the fireeating newspaper editorialists were continuing to call for resistance to Yankee oppression, i.e., crushing treason to defend slavery: But the most powerful motive of all is to be found in the terms which the enemy offer us. Nothing less than absolute submission will answer their terms. We must lay down our arms, disband our armies, and submit to such terms as they choose to prescribe.–What those terms will be, we are not left to conjecture. They have already passed a law abolishing slavery. They have already passed a law…
  • Siting the Nixon Library

    Erik Loomis
    29 Mar 2015 | 11:55 am
    As I’ve mentioned before, the Nixon Library is Disneyland for cynical left-wing historians. It’s located in boring ol’Yorba Linda, Nixon’s birthplace. Turns out this was very disappointing for Nixon, who had incredibly grand ideas about what his library should look like. And that included stripping the western part of Camp Pendleton for it. Obsessed with his place in history, Nixon needed to acquire a location that, in and of itself, would command respect – awe, even. He had the exact spot picked out, and it was spectacular: vast, open, California wilderness, miles…
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    Avvo Blog

  • University of Washington Students Partner with Avvo.com

    Puja Parakh
    23 Mar 2015 | 10:33 am
    Avvo recently teamed up with graduate students from the University of Washington’s Department of Human Centered Design & Engineering. These students selected Avvo Advisor for their research project; we are so honored to have been chosen! The purpose of this research was to understand our users’ overall experience, usage patterns, and collective pain points. The team […] The post University of Washington Students Partner with Avvo.com appeared first on Avvo Blog.
  • Updated TOU, Privacy Policy & Community Guidelines

    Josh King
    12 Jan 2015 | 5:52 am
    Exciting Mildly interesting news – we’ve updated Avvo’s Terms of Use, Privacy Policy and Community Guidelines.     Up to this point, changes to Avvo’s governing policies have taken the form of tweaks and bolt-on changes. And just as Seattle’s much-patched roads are a pain for those of us who try to ride our bikes on them, this accretion […] The post Updated TOU, Privacy Policy & Community Guidelines appeared first on Avvo Blog.
  • In Late

    Cristin Carey
    31 Oct 2014 | 3:51 pm
    Because all important communication should be in haiku form…an email received by the team earlier this week:   In late tomorrow Unanticipated thing I will miss standup - Matt The post In Late appeared first on Avvo Blog.
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    Lawyers.com Blog

  • OPM Medical Retirement: The Trifecta

    30 Mar 2015 | 4:00 am
    The bet must be precise.   Thus, it needs to be based upon extensive research, a knowledge of each of the elements, the circumstances surrounding the process; the quality of the expected environment; whether intersecting conditions will interrupt or influence; what other unforeseen confluence of intercessions may develop.  The finishers must be predicted in sequential order.  The trifecta is therefore a management of time, knowledge, expertise and sprinkled with a bit of luck extracted from the cauldron of a witch's brew.  Federal Disability Retirement is somewhat akin to…
  • Tax evasion: Voluntary declarations at record high

    30 Mar 2015 | 12:46 am
    According to a survey by the “Welt am Sonntag”, the authorities have already received more than 35,000 voluntary declarations for tax evasion in this year. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, D??sseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London - www.grprainer.com/en conclude: The number of voluntary declarations has thus reached a record high. In the preceding year, “only” around 24,000 tax evaders made use of voluntary declarations, which itself already represents a record. Experts expect another surge of voluntary declarations for…
 
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    Connecticut Employment Law Blog

  • In Employment Litigation, the Best Defense is a Good Defense

    Daniel Schwartz
    26 Mar 2015 | 5:27 am
    It’s a busy week in employment law. Yesterday, the U.S. Supreme Court case decided Young v. UPS — a case about pregnancy discrimination. I’ll have more on that case in an upcoming post (in the meantime, check out Jon Hyman’s post on the subject). But in today’s post, my colleague Chris Engler talks about a new Connecticut Supreme Court case that discusses both harassment and discrimination claims in Connecticut. These issues are not frequently before the court and, as Chris explains, the case has some useful materials for employers in defending such claims. As…
  • Free Speech in the Workplace Gets Another Day in Court

    Daniel Schwartz
    23 Mar 2015 | 5:00 am
    Tomorrow, the Connecticut Supreme Court will hear arguments in Trusz v. UBS. It’s case I’ve mentioned before and even made a prediction about the case back at the start of the year. I’m not going to discuss it in detail because I and my colleagues here at the firm wrote an amicus brief on behalf of the Connecticut Business & Industry Association in the case last fall. You can read that brief here. Fortunately, Mara Lee from the Hartford Courant does a good job recapping the issues in an article today. At issue is whether the Connecticut Constitution affords greater…
  • Consistency in Arguments is Key for Labor Arbitrations

    Daniel Schwartz
    20 Mar 2015 | 10:40 am
    My colleague, Jarad Lucan, returns today to recap a notable labor case that the Connecticut Appellate court decided this week (but officially released on March 24, 2015).  It’s worth a read, even for non-union types, if only to show the importance of consistency in arguments. A recent Appellate Court case, AFSCME, AFL-CIO, Council 4, Local 2405 v. City of Norwalk et al., reminds us that there are some subtle textual differences between the National Labor Relations Act (NLRA) and the Connecticut Municipal Employee Relations Act (MERA) that municipal employers and labor practitioners…
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    Special Education Law Blog

  • Good News: Problem Solved; Our LinkedIn Special Education Law Group Now Has More Than 20,000 members #SpEdLaw

    Jim Gerl
    28 Mar 2015 | 8:22 am
    Three cheers for LinkedIn.  Their customer service department likes the work that our LinkedIn Special Education Law Group is doing ( and the fact that we comply with their policies), and they have raised the maximum size limit for our group from 20,000 to 100,000!  Congratulations everybody!As we noted yesterday, we had reached the maximum size limit for groups.  That problem has been solved!If you haven't checked out the group yet, here is a link.  There are some active discussions; sometimes spirited discussions.  But participants usually behave quite well.
  • Ruh Roh: Our LinkedIn Group Has Reached Maximum Size, 20,000 members! #OversizedSpecialEdLawGroup

    Jim Gerl
    27 Mar 2015 | 8:57 am
    OK so the good news is that our LinkedIn Special Education Law Group now has 20,000 members. That is not a typo; we have 20 thousand members. If you haven't checked it out, you should.  The discussions are excellent and lots of people are clearly enjoying it.  Here is a link to the group. The link is a permanent part of the resources listed on the lefthand side of the blog.We started the group shortly after starting this blog, and it has grown with us.  NOTE: we also started a Facebook group, but when Facebook got all corporate in our faces and archived the group, we lost a…
  • Back to the Future; Special Ed Law 101 - The Series Part I #specialedlaw101

    Jim Gerl
    25 Mar 2015 | 8:15 am
    Special education law is complicated stuff.  I have said here before that Special Ed Law is a lot closer to metaphysics than it is to contract law.   If you hate ambiguity, Special Ed Law may not be your thing. (I still believe that there is a Jeff Foxworthy joke in there somewhere.)Any way, inspired by a presentation that I gave at a national conference of the Council for Exceptional Children, we periodically run a series of posts on the nuts and bolts of special education law. The series is a good refresher for veterans and a solid introduction for folks new to…
 
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    Drug Injury Watch

  • Diabetes Drugs Bydureon And Victoza: Thyroid Cancer Label Change In March 2015 Comes Without Much Notice

    Tom Lamb
    23 Mar 2015 | 2:55 pm
    FDA Letters To AstraZeneca And Novo Nordisk Approve Addition Of Information About Increased Risk For Medullary Thyroid Carcinoma (MTC) (Posted by Tom Lamb at DrugInjuryWatch.com) The diabetes drugs Bydureon (exenatide extended-release) for injectable suspension and Victoza (liraglutide [rDNA origin]) injection) were the subject of March 2015 FDA letters concerning the supplemental approval about labeling revisions. Each of these FDA letters, to AstraZeneca and to Novo Nordisk respectively, contain this paragraph:  We also refer to our letter dated October 7, 2014, notifying you, under…
  • YAZ / Yasmin Litigation Update For March 2015: According To Bayer's 2014 Annual Report, "Additional lawsuits are anticipated."

    Tom Lamb
    16 Mar 2015 | 2:17 pm
    Bayer Claims It Settled About 300 Of These Cases While Another 1300 Lawsuits Were Filed From Mid-October 2014 To The End Of January 2015 (Posted by Tom Lamb at DrugInjuryWatch.com)For establishing a baseline as regards the current progress (or lack thereof) being made by Bayer to resolve the YAZ / Yasmin litigation which began back in 2009, from this article, "December 2014 YAZ / Yasmin Litigation Update: Still Over 2000 DVT And/Or PE Cases Not Settled According To Bayer's Most Recent Financial Report", we get these numbers: As of October 13, 2014, the number of claimants in…
  • Cardiovascular Safety Issues For Onglyza And Kombiglyze Will Be Discussed At April 2015 FDA Advisory Committee Meeting

    Tom Lamb
    9 Mar 2015 | 1:46 pm
    These Two New AstraZeneca Diabetes Medications With Saxagliptin Are Part Of The Incretin Mimetic Class Of Drugs (Posted by Tom Lamb at DrugInjuryWatch.com)At an April 14, 2015 meeting of the FDA's Endocrinologic and Metabolic Drugs Advisory Committee, results of the Saxagliptin Assessment of Vascular Outcomes Recorded in Patients with Diabetes Mellitus (SAVOR) trial for for AstraZeneca's relatively new diabetes drugs Onglyza (saxagliptin) and Kombiglyze XR (saxagliptin and metformin HCI extended-release) will be discussed.For some background, one might want to read this article,…
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    Bankruptcy Home Blog

  • Payday loans and Chapter 7 bankruptcy

    Beth
    25 Mar 2015 | 8:46 am
    Visit www.bankruptcyhome.com for the original content posted here, Payday loans and Chapter 7 bankruptcy Payday loans are loans made to borrowers who need quick and easy money and who do not have savings or other credit options. Payday loans should be the last resort for borrowers who have an immediate and temporary financial need … Continue reading →
  • Automatic stays how will they help me?

    Beth
    12 Mar 2015 | 9:54 am
    Visit www.bankruptcyhome.com for the original content posted here, Automatic stays how will they help me? If you decide to file Chapter 7 bankruptcy when the court receives your bankruptcy petition it will initiate an automatic stay, which is a court action which can stop certain lawsuits, collection actions, evictions, foreclosures, and utility disconnections. For example, … Continue reading →
  • Payday loan and medical bill discharge with Chapter 7?

    Beth
    4 Mar 2015 | 11:52 am
    Visit www.bankruptcyhome.com for the original content posted here, Payday loan and medical bill discharge with Chapter 7? Can I discharge my payday loans and medical bills with Chapter 7 bankruptcy? When deciding whether or not to file Chapter 7 or Chapter 13 bankruptcies there are several considerations. The first is whether or not you will qualify for … Continue reading →
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    Asbestos HUB

  • With The Worldwide Incidence Of Mesothelioma Increasing, A Commentator Says That Failure Of New Possible Medical Treatment “adds to this dreary scenario”

    Tom Lamb
    20 Mar 2015 | 1:24 pm
    From the Abstract for a recent medical journal article about a possible mesothelioma treatment, we get this disappointing news: In this randomised trial, vorinostat given as a second-line or third-line therapy did not improve overall survival and cannot be recommended as a therapy for patients with advanced malignant pleural mesothelioma. To read more, see “Vorinostat in patients with advanced malignant pleural mesothelioma who have progressed on previous chemotherapy (VANTAGE-014): a phase 3, double-blind, randomised, placebo-controlled trial”, which was published online by The…
  • Selected Mesothelioma Patients May Benefit From New Medical Treatment With Brentuximab Vedotin, An Antibody–Drug

    Tom Lamb
    26 Feb 2015 | 2:55 pm
    On the Molecular Cancer Therapeutics medical journal website we found this encouraging article about a new mesothelioma treatment, “CD30 Is a Potential Therapeutic Target in Malignant Mesothelioma”. From the Abstract from this early-online February 2015 medical journal article, which is relatively “technical”, we get this specific information about the most recent development in mesothelioma therapy: CD30 is a cytokine receptor belonging to the TNF superfamily (TNFRSF8) that acts as a regulator of apoptosis….  There have been sporadic reports of CD30…
  • Another Mesothelioma Treatment From Verastem (VS-5584) Is Given “Orphan Drug” Status By FDA In Early 2015

    Tom Lamb
    13 Feb 2015 | 1:48 pm
    In mid-February 2015 we learned that a new treatment for malignant mesothelioma will be available in the US. From this article, “FDA grants orphan drug designation to VS-5584 for mesothelioma”, we get the following information: The FDA granted orphan drug designation to VS-5584 for the treatment of mesothelioma, according to a press release from the drug’s manufacturer…. “This is an important regulatory milestone for Verastem and, together with our European orphan medicinal product designation, will facilitate our global development of VS-5584 to help improve the…
 
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    Real Lawyers Have Blogs

  • We need laws requiring lawyers to stay abreast of technology?

    Kevin O'Keefe
    28 Mar 2015 | 10:44 pm
    Robert Ambrogi (@bobambrogi) reported this week that Massachusetts is the 14th state to require lawyers to stay abreast of technology as a condition of licensure. Massachusetts ethics rules will now include the following provision, adopted in part from the ABA Model Rules for Professional Conducts. To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, and engage in continuing study and education. Interesting that the requirement is only “should,” not…
  • Top 10 in Law Blogs: Same-Sex FMLA Halted, Drones on Youtube, Fantasy Sports

    Colin O'Keefe
    27 Mar 2015 | 5:30 pm
    It’s time to wrap things up for the week and head out into a sunny Seattle evening—or watch basketball. Probably watch basketball. As a heads up, over on LXBN, Ben Feder joins me on LXBN TV to talk GM’s bankruptcy and ignition switch liability. total posts on the LexBlog Network today: 189. Fantasy Sports or Gambling? The Difference “Skill” Makes – Princeton, NJ lawyer Steven Daroci of Fox Rothschild on the firm’s blog, Garden State Gavel Crude-by-Rail Still Outcompetes Pipelines in the Bakken – Houston lawyer Gabriel Collins of BakerHostetler on the…
  • Top 10 in Law Blogs: Cross-Device Tracking, Pregnancy Discrimination, Uber

    Colin O'Keefe
    26 Mar 2015 | 6:00 pm
    In big news yesterday, the Supreme Court handed down a major ruling on pregnancy in the workplace—Zosha covered it well over on LXBN and Jason Shinn does here on the roundup. total posts on the LexBlog Network today: 212. FCC Hits TV Station With Maximum Fine for Fleeting Nudity in Newscast -Washington, DC attorney David O’Neil of Rini Coran on the firm’s TelecomMediaTech Law Blog Cross-Device Tracking: The New World – Ari Moskowitz and Cynthia Larose of Mintz Levin on the firm’s blog, Privacy & Security Mattersb A New Day for Pregnant Employee Workplace Accommodations…
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    Securities Docket

  • Securities Docket News Wire for March 28, 2015

    Securities Docket
    29 Mar 2015 | 6:55 am
    UK: Insider trader cases rise by 24% http://t.co/hmstAkO6lU ->
  • Securities Docket News Wire for March 27, 2015

    Securities Docket
    28 Mar 2015 | 6:55 am
    IPO lite? SEC rule change gives small businesses a new fundraising option. – http://t.co/G0uxxcpHpX http://t.co/ZXyMCkEj7Z -> Billabong hit with major class action | http://t.co/gshKoKsyVd http://t.co/B2WZqqYznC -> Zynga must face U.S. lawsuit alleging fraud tied to IPO | Reuters http://t.co/ScfgsT0F74 -> Leon Cooperman's Omega gets federal subpoena — CNBC http://t.co/8nBE2WV5B5 -> Hedge Funds: Don’t Call Us a ‘Hedge Fund’ – WSJ http://t.co/4OaWmRZxOf -> Citigroup: Law Firms at High Risk of Cyber-Attacks | Compliance Week http://t.co/ixffRu6mbT ->
  • Citigroup: Law Firms at High Risk of Cyber-Attacks | Compliance Week

    Securities Docket
    27 Mar 2015 | 12:09 pm
    In a recent internal report, Citigroup’s cyberintelligence center warned employees that law firms are targets of attacks by foreign governments and hackers because they house valuable data concerning their clients’ transactions and strategies. via Citigroup: Law Firms at High Risk of Cyber-Attacks | Compliance Week
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    HealthBlawg :: David Harlow's Health Care Law Blog

  • Meaningful Use Stage 3: The Buzz About APIs

    David Harlow
    23 Mar 2015 | 11:21 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
  • HIPAA Audits: The Latest Oracular Prognostications

    David Harlow
    17 Mar 2015 | 7:15 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
  • Lessons from the Anthem breach

    David Harlow
    6 Feb 2015 | 11:39 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
  • ONC, Interoperability, and the 2/6/2015 #HITsm Tweetchat

    David Harlow
    3 Feb 2015 | 12:16 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
  • Privacy and Security and the Internet of Things

    David Harlow
    30 Jan 2015 | 6:27 pm
    We've Moved! Update your Reader Now. This feed has moved to: http://feeds.healthblawg.com/healthblawg Update your reader now with this changed subscription address to get your latest updates from us. http://feeds.healthblawg.com/healthblawg
 
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    P.I.S.S.D. -- Personal Injury, Social Security Disability. Dallas Texas Lawyers

  • Friday Fun

    Bob Kraft
    27 Mar 2015 | 7:46 am
    Not really funny, but interesting. Here are all the ZIP codes in the United States, connected by colored pins:
  • Five Steps for Hiring the Best Lawyer for Your Case, Your Wallet and Your Needs

    Bob Kraft
    26 Mar 2015 | 7:45 am
    Odds are that you will need the services of an attorney for one reason or another during the course of your adult life. Indeed, you may have reached that juncture at which you face the need to retaining legal counsel. There exist a number of steps you need to take to ensure that you hire the most suitable attorney, at a fee level that fits within your budget. Scanning the Internet is Not Enough When Selecting a Lawyer In this day and age, many people rely exclusively on the Internet when it comes to hiring a professional service provider. In the case of engaging a lawyer for your legal needs,…
  • How to Handle The Insurance Company After an Auto Accident

    Bob Kraft
    25 Mar 2015 | 7:34 am
    Any time that an auto accident takes place it is vital that all parties involved follow a number of steps in order to protect their rights and receive compensation. This may include speaking with insurance companies, which can quickly turn into a confusing and stressful affair for those that are not prepared. This is why every driver should know what steps to take after an accident and when it may be time to seek out professional legal help. Collecting the Correct Information No matter how the situation plays out or which driver is at fault, everyone should at least know what information they…
  • Tips for Attending Your Workers’ Compensation Trial

    Bob Kraft
    24 Mar 2015 | 7:52 am
    Workers’ compensation refers to an insurance program where, as an employee, you get compensation when you sustain job-related illnesses or injuries. If you are preparing to attend a trial related to employee compensation, you have to be prepared for a trying endeavor that will either make or break your case. The following article provides you with helpful pointers on participating in a court trial. What to Do Before Trial You have to measure the risk of failing to win against the benefits you stand to get when you attend trial. Are you better off settling or do you think you will get a…
  • Finance And Law: How You Can Save Money By Hiring A Lawyer

    Bob Kraft
    23 Mar 2015 | 7:47 am
    While lawyers may cost money, they can save you much more in many cases. Take a look at these common situations where an attorney can save you time, money and the stress of these difficulties. You’re likely to see times in your life when having an attorney could have saved you a bundle. Personal Injury Whether you were hurt at work, in an auto accident, or on someone else’s property, the medical bills involved aren’t cheap. A personal injury attorney can help you get the compensation you deserve, saving you from paying medical bills that you can’t afford. Buying a…
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    Marquette University Law School Faculty Blog

  • Israel Reflections 2015–Day Two (Last One!): Gershon Baskin and IPCRI

    Andrea K. Schneider
    28 Mar 2015 | 1:39 pm
    Late in the evening on Sunday, March 8, we met with Gershon Baskin and Riman Barakat. This was our last (official) meeting of a long day involving talks about peace and conflict resolution, and it way it was, as student Kelsey Mader called it, “the perfect way to end.” The rest of Kelsey’s recap follows: We met Gershon and Riman at The Israel Palestine Center for Research and Information (IPCRI), an organization in Jerusalem that focuses on resolving the Israeli-Palestinian conflict with a focus on peace and coexistence.  IPCRI supports a two-state solution in which both the Israeli…
  • Israel Reflections 2015–Day Two (Still!): Getting Handsy at Hebrew University

    Andrea K. Schneider
    27 Mar 2015 | 8:14 pm
    Even though we were not in the comforts of Marquette University Law School, I had to put the students back a classroom during a few stops on our trip. The first classroom experience came at Hebrew University, in a class led by Professor Avi Kluger, an expert in listening. (And the title of this blog came from one of our students describing the first exercise in which we had to follow the hand motions of our partner.)  As I was paired with my rather tall RA Sean McCarthy (and many of us were mismatched in this way), this particular exercise was really rather funny and started all of us off…
  • Israel Reflections 2015–Day Two: Parent’s Circle

    Andrea K. Schneider
    27 Mar 2015 | 5:40 am
    We have met with the Parent’s Circle each time we have gone to Israel for an amazing meeting, and this time did not disappoint either.  My favorite part was how they ended — “Do Not Be Pro-Israel; Do Not Be Pro-Palestine; Be Pro-Peace.” From student Jennifer Sosa: Prior to going to Israel, I never quite understood how much the Israeli and Palestinian conflict actually affected all citizens, even those who are not directly involved. Consequently, due to territorial disputes, innocent people are victims of crimes from both ends. Disputes that date back hundreds of years are the…
  • Congratulations to the 2015 Jenkins Honors Moot Court Competition Finalists

    Melissa L. Greipp
    26 Mar 2015 | 6:48 pm
    Congratulations to this year’s Jenkins Honors Moot Court Competition finalists: Larissa Dallman, Mary Ellis, Natalie Schiferl, and Nicole Ways. All the competitors presented strong oral arguments tonight. Thank you to the judges of the semifinal round: Hon. William Callahan, Hon. Patricia Gorence, Hon. Nancy Joseph, Hon. Joan Kessler, Hon. JoAnne Kloppenburg, and Hon. Paul Reilly. The final round will be held on March 31 at 6:00 p.m. in the Appellate Courtroom.  The teams will be matched as follows: Mary Ellis and Natalie Schiferl v. Larissa Dallman and Nicole Ways. Best of luck to…
  • Israel Reflections 2015-Day Two: Church of the Holy Sepulchre

    Andrea K. Schneider
    26 Mar 2015 | 5:06 pm
    I am planning on interspersing blogs about our more academic visits with blogs about our wonderful sightseeing.  The student visit to the Church of the Holy Sepulchre turned out to be more amazing than expected, as our students were asked to participate in the mass! Student Lauren Maddente shared her reflections here: On the second morning of our venture to Israel, a group of students chose to attend mass at the Church of the Holy Sepulchre in Jerusalem. We started the morning with a stop for Turkish coffee and pieces of a giant sesame seed bagel. The weather was beautiful but it was the…
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    Green Building Law Update

  • Eco Terrorism is Not in the Headlines so Did it Ever Exist?

    Stuart Kaplow
    22 Mar 2015 | 10:27 am
    America’s most notorious eco-terrorist, Eric Taylor McDavid, was surprisingly released from prison earlier this year after serving 8 years of a 20 year sentence when a Federal judge determined “the FBI withheld documents from McDavid's trial defense attorneys that indicated they used an informant to entrap him,” according to a news release from the Civil Liberties Defense Center. In 2004, John Lewis, deputy assistant director of the FBI Counterterrorism Division, told the Senate Judiciary Committee: “the FBI’s investigation of animal rights extremists and…
  • Green Code Mandatory on April 1 For All Building in Baltimore

    Stuart Kaplow
    17 Mar 2015 | 8:53 am
    By Jacqueline Lusk and Stuart Kaplow Baltimore City adopted the International Green Construction Code 2012 as an overlay to the City’s building, fire and related codes effective April 1, 2015. And despite that the IgCC becomes mandatory on April Fools’ Day, we are not playing a practical joke when we tell you that the effective date has “shifted.” Read on .. Baltimore was among the first jurisdictions, in 2007 to mandate that all “newly constructed, extensively modified non-residential buildings” .. “achieve a Silver rating in the appropriate LEED…
  • Fannie Mae Interest Rate Break on Green Building

    Stuart Kaplow
    6 Mar 2015 | 4:06 pm
    The exciting news in residential green building is that the Federal National Mortgage Association, commonly known as Fannie Mae, is providing incentives, including lower interest rates for multifamily properties with a green building certification. There are an untold number of incentives for green building, including policies at the local, state and federal government levels, however, even in toto they are of limited efficacy.  But Fannie Mae’s new incentive of 10 basis points off any loan for properties with a green building certification has the potential to be a game changer.
  • Georgia's Legislation Banning LEED for State Buildings is Much Ado About Nothing

    Stuart Kaplow
    2 Mar 2015 | 7:42 am
    Georgia General Assembly House Bill 255 is proof that the “wood wars” surrounding the LEED green building rating system continue to be waged. That said, the specific bill is Much Ado About Nothing. Despite that the previous much debated LEED credit for FSC Certified Wood is gone from LEED v4, the new MRc3 credit, “Building product disclosure and optimization – sourcing of raw materials” is a new source of controversy. To receive the credit, a project must use “at least 25%, by cost, of the total value of permanently installed building products.” For…
  • Largest Owner of Buildings in North America Considering LEED v4

    Stuart Kaplow
    17 Feb 2015 | 2:32 pm
    The General Services Administration is seeking public input on its analysis of LEED v4 and other questions related to the Federal Government's use of LEED v4. Given that the Federal Government is, by far, the largest owner of buildings in North America, and is also the owner or more green buildings and more LEED certified buildings than anyone else, this is significant.     The Energy Independence and Security Act of 2007 requires the GSA to review existing green building certification systems every 5 years to identify a system and certification level “deem[ed] to be most…
 
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    California Employment Law Report

  • 5 common questions about class actions every employer should understand

    Anthony Zaller
    27 Mar 2015 | 12:18 pm
    1. What is a class action? To understand what a class action is, it is better to start with the basic individual litigation concept. Normally, parties bring their own disputes to court and litigate the case against the other parties who have been officially designated a parties and served with process and understand that they are parties to the lawsuit. Class actions, on the other hand, are brought against a defendant, but the claims are being asserted on behalf of parties who are not actually in the courtroom or named as individual plaintiffs. In the employment context, the plaintiffs are…
  • Friday's Five: Uber and Lyft class actions show the difficulties of classifying independent contractors in new "sharing economy"

    Anthony Zaller
    20 Mar 2015 | 11:31 am
    Uber and Lyft have been sued in separate class action lawsuits in California by drivers challenging the two companies’ classification of the drivers as independent contractors. The plaintiffs in the two cases argue that the drivers should be classified and paid as employees, which triggers many additional Labor Code provisions for the drivers than if they are classified as independent contractors. The cases are good reminders to California employers, and start-ups especially, about how difficult the analysis can be in some cases. For example, in early March 2015, the judge denied…
  • Paid sick leave: resources for California employers to review prior to July 1, 2015 requirements begin

    Anthony Zaller
    18 Mar 2015 | 11:52 am
    In order to explain the law and answer questions employers have about implementing policies to comply with the requirement that all employers provide up to three paid sick leave days starting July 1, 2015, the Department of Industrial Relations is hosting a free webinar. It is taking place on April 8, 2015, from noon to 1 p.m. Employers also have the opportunity to submit questions prior to the webinar to: AB1522@dir.ca.gov. I’ve embedded the DIR announcement below, or click here for additional information about how to attend. AB1522 Webinar Announcement In addition, the DIR has…
  • Five areas of employee compensation or off-work conduct that cannot be regulated by an employer under California law; plus: Ben Horowitz, the Shmoney Dance and How to Manage

    Anthony Zaller
    13 Mar 2015 | 9:32 am
    I just discovered How to Start a Startup, which is a series of videos published by Stanford University on YouTube with some outstanding speakers. The problem is that the class videos are so great, I have a hard time turning them off. Case in point, this week I watched Ben Horowitz’ lecture: How to Manage.  Ben is a rap enthusiast, and venture capitalist in Silicon Valley.  He offers excellent points and perfect examples about how managers have to analyze difficult requests from employees from many different perspectives. Definitely worth devoting the 50 minutes of your time to…
  • Personal cell phones at work: Five lessons employers should take away about expense reimbursement set forth in Cochran v. Schwan's Home Services

    Anthony Zaller
    6 Mar 2015 | 8:07 am
    Colin Cochran brought a putative class action against his employers, Schwan’s Home Service, on behalf of 1,500 customer service managers who were not reimbursed for expenses pertaining to the work-related use of their personal cell phones. He alleged causes of action for violation of Labor Code section 2802; unfair business practices under Business and Professions Code section 17200 et seq.; declaratory relief; and statutory penalties under Labor Code section 2699, the Private Attorneys General Act of 2004. The trial court denied class certification on the grounds that there would be…
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    Social Security Disability Lawyer

  • The 36-month Reentitlement Period

    Maine Social Security attorney Gordon Gates
    16 Mar 2015 | 3:01 am
    The reentitlement period is a safety net for Title II disability recipients who return to work. The reentitlement period begins at the end of the 9-month trial work period, and lasts for 36 months. If you cannot continue working at the SGA level due to your disabling impairments during the 36-month rentitlement period, you do not have to go through the disability application process all over again. Rather, you just notify Social Security that you are unable to work, and they will restart your disability benefits right away. This safety net is intended to encourage you to test your ability to…
  • The 9-month Trial Work Period

    Maine Social Security attorney Gordon Gates
    10 Mar 2015 | 3:00 am
    Trial work is a concept that applies to people already entitled to Title II disability benefits. Sometimes Title II recipients will attempt to return to work to see how it goes. Social Security encourages this, and allows a 9-month period for a person to still receive disability benefits while testing his or her ability to work. However, this trial work can be a trap for the unwary. Some recipients try working part-time, and may earn less than the SGA amount. They assume their disability benefits will not be affected by this part-time work. After all, they were allowed earn that much when…
  • The things you tell your doctor

    Maine Social Security attorney Gordon Gates
    2 Mar 2015 | 3:00 am
    The things you tell your doctor about how you are doing (and what you are doing with your time) frequently end up in your medical progress notes. These progress notes provide your doctors with context and information about your condition. Anyone applying for disability needs to know that those medical notes become part of the record for your disability claim. These notes are read carefully by the people making decisions on your claim, whether that person is a disability examiner or an administrative law judge. I hate to say that you have to be careful what you tell your doctor, but you have…
  • Portland Hearing Office Processing Time Has Gotten Longer

    Maine Social Security attorney Gordon Gates
    23 Feb 2015 | 2:15 am
    The latest average processing time statistics for Social Security hearing offices around the country have been published by the National Organization of Social Security Claimants' Representatives (NOSSCR). As of the end of January 2015, the average processing time for the Portland, Maine hearing office is now 443 days, which is just a week shy of 15 months. Processing time runs from the date of the hearing request to the day a decision is issued. The 443 days is an average. Some claims are resolved more quickly, but a claim that requires a hearing and a written decision may take even…
  • Licensure and Past Relevant Work

    Maine Social Security attorney Gordon Gates
    10 Feb 2015 | 2:15 am
    Social Security assesses your ability to perform your past relevant work at step 4 of the sequential evaluation process. Social Security will evaluate your ability to do the physical and mental activities that were required to perform your past work. The SSA will not consider whether or not you could actually get a job doing this work. Additionally, when evaluating your ability to perform your past relevant work, the SSA does not consider: whether you would be hired, whether a job opening exists, whether you would be required to relocate, whether you want to do this work, whether you still…
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    The Rainmaker Blog

  • AmLaw 100 Firm Partner Says Marketing is Every Lawyer’s Job

    Stephen Fairley
    25 Mar 2015 | 1:38 pm
    John Quinn, name partner at AmLaw 100 business litigation firm Quinn Emanuel Urquhart & Sullivan, made news recently with the simple contention that marketing is every lawyer’s job. A couple of weeks ago, legal blog Above the Law got ahold of an internal Quinn Emanuel email that was sent firm-wide on a new prerequisite for firm associate and counsel bonuses: completion of a marketing project. The email noted that the project might “take the form of contributing to an article, a pitch, doing some background research on a potential case or client, or industry research.” The email went…
  • Email Marketing Best Practices for Law Firms

    Stephen Fairley
    24 Mar 2015 | 3:34 pm
    Email marketing still remains the #1 way to reach clients and prospects with a branded message. According to the 2014 Pew Internet & American Life Project report, email remains the top use of the Internet across all age groups. If you don’t already have a regular email marketing campaign in place – like a monthly e-newsletter – here are some tips on creating an effective law firm email marketing program: Build a good list at every opportunity – when you get a new client, from your website or blog, or via social media. Give away a free report on a topic of interest to your ideal…
  • Law School Applicants Drop 50% in Last Decade; Class of 2010 Provides Insights Into Reason for Decline

    Stephen Fairley
    23 Mar 2015 | 3:06 pm
    According to a report just released by the Law School Admission Council, the number of people applying for law school in the Fall of 2015 as of March 13 is less than half of the number of people who applied to an accredited law school for the Fall of 2005 — 41,136 vs. 95,800. Another study just out from Ohio State University’s Michael E. Moritz College of Law professor Deborah Jones Merritt, who examined the job prospects for new lawyers admitted to the Ohio bar in 2010, reflects the stark realities facing recent law school grads: Overall unemployment rate is 6.3% 40% work for law…
  • 5 Places to Find Topics for Your Law Firm Blog

    Stephen Fairley
    19 Mar 2015 | 3:34 pm
    At our two-day legal marketing seminar, The Rainmaker Retreat, I see many attorneys get excited once they truly understand the benefits of blogging.  But most have the same stumbling block:  what to write about. Here are 5 sources of information you can use to find topics for your law firm blog: Internet searches and alerts.  Do a search for your area of practice on Google News and you will get a ton of the latest articles on what is happening worldwide.  Set an alert to notify you by email or RSS feed when new articles appear.  Do the same on the Google Blogs search and you’ll see…
  • FREE Avvo Webinar March 19: 7 Deadly Sins That Can Destroy Your Intake & Kill Your Conversion Rate

    Stephen Fairley
    18 Mar 2015 | 12:12 pm
    Join me tomorrow — Thursday, March 19 at 1 p.m. ET/10 a.m. PT — for a free Avvo webinar on the 7 Deadly Sins That Can Destroy Your Intake & Kill Your Conversion Rate. Lawyers spent a lot of money generating leads, but we have found through secret-shopping more than 1,000 law firms that many of those leads are left to languish. Through this experience, we have developed a list of the 7 most common mistakes law firms make in failing to convert their leads into clients. I’ll be telling you all about those, and more, during this free March 19 Avvo webinar. You will learn: 7…
 
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    Defending People

  • 2015.47: HB101, HB 496, HB603 Unconstitutional

    Mark Bennett
    10 Mar 2015 | 7:17 am
    There are three nonconsensual-pornography-criminalization bills before the Texas House of Representatives' Criminal Jurisprudence Committee tomorrow: HB101 (Guillen) and HB603 (Davis of Harris) are identical: (b) A person commits an offense if the person: (1)  intentionally displays, distributes, publishes advertises, offers, or otherwise discloses visual material depicting another person engaged in sexual conduct; and (2)  knows or should have known that the depicted person has not consented to the disclosure. (c) It is a defense to prosecution under this section that: (1) the…
  • 2015.46: Boom Goes the Thoughtcrime.

    Mark Bennett
    9 Mar 2015 | 1:52 pm
    Whether he wrote DOWN WITH BIG BROTHER, or whether he refrained from writing it, made no difference. Whether he went on with the diary, or whether he did not go on with it, made no difference. The Thought Police would get him just the same. He had committed — would still have committed, even if he had never set pen to paper — the essential crime that contained all others in itself. Thoughtcrime, they called it. Thoughtcrime was not a thing that could be concealed for ever. You might dodge successfully for a while, even for years, but sooner or later they were bound to get you.
  • 2015.45: Problems in Evidence Tampering I

    Mark Bennett
    4 Mar 2015 | 5:57 pm
    Suppose that a client comes to you with a problem: he has a computer hard drive full of child pornography, and he wants to know what to do with it. What do you tell him? It's illegal for him to continue possessing the images. So you can't advise him to do nothing (and keep breaking the law). The smart thing for him to do would be to destroy the hard drive (if I could, I would recommend swisscheesing it with a drill press). But tampering with evidence is illegal under both Texas and federal law. Is it a crime to destroy the hard drive? To advise the client to do so? Under state law…
  • 2015.44: One out of Seven—an F for McBrayer

    Mark Bennett
    3 Mar 2015 | 9:54 am
    Justin McBrayer laments the fact that our public schools are teaching our children that there are no moral facts, and therefore no moral truths. He gives seven examples, from online fact vs. opinion worksheets, of facts that kids are taught are opinions: — Copying homework assignments is wrong.— Cursing in school is inappropriate behavior. — All men are created equal. — It is worth sacrificing some personal liberties to protect our country from terrorism. — It is wrong for people under the age of 21 to drink alcohol. — Vegetarians are healthier than people…
  • 2015.43: Don’t Worry, Be Happy …

    Mark Bennett
    28 Feb 2015 | 9:11 am
    … I’ve got your back. (Eat your heart out, Reposa.) 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 (107.191.44.107) .)
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    a public defender

  • Bail me out, bro

    Gideon
    19 Mar 2015 | 5:53 am
    For most people who get arrested for anything, big or small, the only thing standing between them and liberty is the amount of bail that will be set. For everyone, the only thing standing between them and the bail amount is the judge or judicial officer who will set that bail. For a significant portion of the people in this country who will be arrested1, no one will stand next to them when they face that judicial officer who will determine the bail that will allow them to get freedom. That’s the warning bell rung by a brand new report from The Constitution Project [PDF], which analyzed…
  • Are there viable solutions for prosecutorial misconduct?

    Gideon
    9 Mar 2015 | 6:07 am
    Just last week, I wrote a lengthy column in the Law Tribune outlining the many instances of prosecutorial misconduct occurring over the last month and a half or so, all of which seemingly went unpunished. In it, I didn’t propose any ideas to eliminate the problem. Just that same day, however, news broke of yet another instance of egregious misconduct by a prosecutor in California – a man named Robert Murray – who fabricated two sentences and added them to a defendant’s statement to police: Kern County prosecutor Robert Murray added two lines of transcript to…
  • Hold prosecutors accountable to restore faith in the justice system

    Gideon
    5 Mar 2015 | 5:10 am
    “Her license remains active and in good standing.” The words rang out at me as I stared at a newspaper article in the Indianapolis Star. It was about the conduct – or misconduct – of a woman named Gillian DePrez Keiffner who is a Deputy Prosecutor there. During trial, she had vouched for the credibility of the complaining witness in a sexual assault case, demeaned and insulted the defense attorney and asked the defendant which of the two 14 year old girls he liked touching better. A few weeks ago, the Indiana Supreme Court reversed the man’s conviction finding…
  • CT: Miller applies to non-mandatory LWOP

    Gideon
    2 Mar 2015 | 6:49 am
    In a long awaited decision, the CT Supreme Court last Friday ruled that Miller v. Alabama applies to all youth sentenced to the functional equivalent of life without parole, even though such a sentence was not required to be imposed by the trial judge. In State v. Riley [PDF], Ackeem Riley – 17 at the time of the offense – was sentenced to 100 years in jail, without the possibility of parole1. He argued that Miller prohibits the imposition of such a sentence without a hearing on the particularized vagaries of youth and his attendant circumstances. He also argued that any…
  • How to keep your liberty intact at DUI checkpoints – one man’s theory

    Gideon
    19 Feb 2015 | 5:48 am
    An attorney in Florida – and former candidate for NY Governor – has posted his method for avoiding getting arrested at DUI checkpoints (which are legal). It’s called the “talk to the hand coz the face don’t wanna talk no mo” method. Essentially, he says to hang a clear plastic holder over the side of the window with all the pertinent information in it. Attached to the door is a flyer that Redlich says spells out his rights: I WILL REMAIN SILENT/I WANT MY LAWYER/NO SEARCHES, it begins. The flyer also contains his valid registration and insurance information…
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    Florida Estate Planning Lawyer Blog

  • Funding Your Revocable or Irrevocable Trust

    David M. Goldman
    23 Mar 2015 | 12:36 pm
    In Florida, a trust is not valid until funded.  Many trusts need to be funded prior to your death to be used in the way intended.  Often, individuals create trusts and forget to fund them during their life and do not receive the benefits that their trusts were designed for. There are 4 major ways to fund a trust. Purchase items in the name of the trust.  New property or items can be purchased in the name of the trust.  When you purchase a new item or asset, the sale can be made out to the trust.  Anyone can purchase these items, it need not be the creator or settlor of the trust. Assign…
  • Nevis LLC and Asset Protection gone wrong? Is your Foreign Trust at Risk also?

    David M. Goldman
    17 Mar 2015 | 2:54 pm
    Last month the United States District court in Orlando found that the membership interest in a Nevis LLC was subject to Florida jurisdiction. The court also found that Florida law, not Nevis law, applies to the creditor’s application for a charging lien because the situs of the asset determines what laws are applicable to issues related to the charging lien. This rationale would seem to apply to Foreign trusts as well as Foreign LLCs.  It appears that a Corporation or LLC where there were actual certificates for the membership interests that were not located within the state of Florida may…
  • Florida Asset Protection: What is an IPUG™ Trust? How does an IPUG™ Trust work?

    David M. Goldman
    6 Mar 2015 | 11:20 am
    Asset protection was previously out of reach for most Americans.  Thanks to a new trust called the IPUG™ Trust, Asset Protection is affordable for the average family.  In the past many families created trusts to avoid estate tax, but with the recent increases in the Federal estate tax exemptions, many use trusts to manage assets, avoid probate, and protect assets from creditors. The iPug™ Trust not only provides advantageous tax benefits, but it also provides asset protection, while retaining Grantor control,” explains David J. Zumpano, CPA, ESQ., President and Founder of MPS and…
  • Facebook Account, Digital Assets and Estate Planning, what Happens when I die?

    David M. Goldman
    23 Feb 2015 | 10:53 am
    Estate Planning for Digital Assets is becoming a more important part of our estate planning.  While most online accounts simply expire when you die, Facebook has recently incorporated some changes to your account so you can specify what happens when you die. Until recently, loved ones of the deceased only had two choices: Keep the wall public so everyone could continue to post messages and thoughts on the wall, or Request to have the page “memorialized,” which meant the profile was no longer searchable or visible to those who were not already friends of the individual. What Facebook did…
  • 2015 Gift Tax: Can I Give My Kids $14,000 a Year?

    David M. Goldman
    22 Jan 2015 | 1:30 am
    The amount you can give anyone without having to file a gift tax return in 2015 remains the same as 2014 at $14,000. Remember that you can give your children, their spouses, your grandkids $14,000 each. In addition, if you are married, your spouse can also gift $14,000 to each person. Generally, families use gifting to reduce the size of their estate do not need Medicaid long-term care coverage, but if you or your spouse need care and you have gifted money in the past, it may affect your ability to obtain coverage. The $14,000 figure is the amount of the current gift tax exclusion (for 2014…
 
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    Slaw

  • Alternative Business Structures Proposals or Solving the Unaffordable Legal Services Problem

    Ken Chasse
    30 Mar 2015 | 4:00 am
    Alternative business structures proposals (ABS proposals), the basis of which is to allow commercial investors to own law firms, have no capacity to solve the problem of unaffordable legal services (“the problem”). Their other two major features are to automate routine legal services, and to enable related non-legal services to be provided with legal services. But the cause of the problem is the high cost of legal advice services. They cannot be automated (pdf). Therefore there is nothing in the analytical literature that states that they can solve the problem. But the published arguments…
  • Monday’s Mix

    Administrator
    30 Mar 2015 | 4:00 am
    Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from sixty recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Pierre Roy & Associés Blogue 2. Eloïse Gratton 3. ABlawg 4. BC Injury Law and ICBC Claims Blog 5. Legal Post Pierre Roy & Associés Blogue Payer ses cartes de crédit : ça peut prendre plus d’une vie ! Le 1er septembre 2010, une nouvelle information d’une importance…
  • English Court of Appeal Expands Privacy Rights

    John Gregory
    30 Mar 2015 | 2:47 am
    The Court of Appeal in England has upheld a 2014 decision against Google about its scraping of information from users of the Safari browser. It classified a privacy action as a tort that will support a class action (called a ‘group action’ there) and also service out of the jurisdiction. The Court allowed the action to proceed without proof of pecuniary damages. It also held that ‘browser generated information’ (BGI) was personally identifiable information to which the Data Protection Act applied, though it did not contain the name of the person using the browser.
  • Justice Delayed in Brampton

    Omar Ha-Redeye
    29 Mar 2015 | 1:31 pm
    Courthouses across the GTA, Canada’s most populous region, are already overwhelmed. Under particular strain are the suburbs of Toronto, which have exploded in population over the past few decades, with few corresponding increases in services. One particular courthouse is in Brampton, where the Ministry of the Attorney General has announced they will build a 3-story expansion. The expansion will not be completed until December 2017, and that time both the bar and the bench appear to be alarmed. Justice Van Melle, former Regional Senior Justice for Ontario’s Central West court region,…
  • Summaries Sunday: Maritime Law Book

    Administrator
    29 Mar 2015 | 4:00 am
    Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca. This week’s summaries concern: Real Property Tax – Criminal Law – Evidence Saskatoon (City) v. North Ridge Development Corp. 2015 SKCA 13 Real Property Tax Summary: The City of Saskatoon applied for leave to appeal two decisions of the Assessment Appeals Committee pursuant to s. 33.1 of the Municipal Board Act. Both decisions concerned the same land…
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    Virtual Law Practice

  • Gamification in Law Firms

    Stephanie Kimbro
    22 Mar 2015 | 10:46 am
    Here is my draft working paper on Gamification in Law Firms which looks at the use of gamification in law firms to increase productivity and collaboration, among other benefits. This paper provides a framework for approaching implementation of a gamification strategy within the law firm. For this paper I had fun researching in the fields of psychology, sociology, education, game design and development, behavioral science, marketing, human-computer interaction (HCI) and a little neuroscience. This paper provides a background on gamification, including the science behind why it works, and…
  • Virtual Law Practice: Second Edition Released

    Stephanie Kimbro
    9 Mar 2015 | 1:31 pm
    The second edition of my book, Virtual Law Practice, will be released from ABA LPD Publishing this month. (There will be a digital copy for sale in the coming months and eventually it gets released on Amazon for those of you who want other purchasing options.)  I’ve updated the book significantly since the original publication in 2010 to include new technology solutions and methods of designing a law practice around technology and delivery mechanisms. Here is the copy from the back of the book: Virtual Law Practice: How to Deliver Legal Services Online, Second Edition The internet…
  • Practicing Law Online Ebook

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

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

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

  • Funding Your Revocable or Irrevocable Trust

    David M. Goldman
    23 Mar 2015 | 12:36 pm
    In Florida, a trust is not valid until funded.  Many trusts need to be funded prior to your death to be used in the way intended.  Often, individuals create trusts and forget to fund them during their life and do not receive the benefits that their trusts were designed for. There are 4 major ways to fund a trust. Purchase items in the name of the trust.  New property or items can be purchased in the name of the trust.  When you purchase a new item or asset, the sale can be made out to the trust.  Anyone can purchase these items, it need not be the creator or settlor of the trust. Assign…
  • Nevis LLC and Asset Protection gone wrong? Is your Foreign Trust at Risk also?

    David M. Goldman
    17 Mar 2015 | 2:54 pm
    Last month the United States District court in Orlando found that the membership interest in a Nevis LLC was subject to Florida jurisdiction. The court also found that Florida law, not Nevis law, applies to the creditor’s application for a charging lien because the situs of the asset determines what laws are applicable to issues related to the charging lien. This rationale would seem to apply to Foreign trusts as well as Foreign LLCs.  It appears that a Corporation or LLC where there were actual certificates for the membership interests that were not located within the state of Florida may…
  • Florida Asset Protection: What is an IPUG™ Trust? How does an IPUG™ Trust work?

    David M. Goldman
    6 Mar 2015 | 11:20 am
    Asset protection was previously out of reach for most Americans.  Thanks to a new trust called the IPUG™ Trust, Asset Protection is affordable for the average family.  In the past many families created trusts to avoid estate tax, but with the recent increases in the Federal estate tax exemptions, many use trusts to manage assets, avoid probate, and protect assets from creditors. The iPug™ Trust not only provides advantageous tax benefits, but it also provides asset protection, while retaining Grantor control,” explains David J. Zumpano, CPA, ESQ., President and Founder of MPS and…
  • Facebook Account, Digital Assets and Estate Planning, what Happens when I die?

    David M. Goldman
    23 Feb 2015 | 10:53 am
    Estate Planning for Digital Assets is becoming a more important part of our estate planning.  While most online accounts simply expire when you die, Facebook has recently incorporated some changes to your account so you can specify what happens when you die. Until recently, loved ones of the deceased only had two choices: Keep the wall public so everyone could continue to post messages and thoughts on the wall, or Request to have the page “memorialized,” which meant the profile was no longer searchable or visible to those who were not already friends of the individual. What Facebook did…
  • 2015 Gift Tax: Can I Give My Kids $14,000 a Year?

    David M. Goldman
    22 Jan 2015 | 1:30 am
    The amount you can give anyone without having to file a gift tax return in 2015 remains the same as 2014 at $14,000. Remember that you can give your children, their spouses, your grandkids $14,000 each. In addition, if you are married, your spouse can also gift $14,000 to each person. Generally, families use gifting to reduce the size of their estate do not need Medicaid long-term care coverage, but if you or your spouse need care and you have gifted money in the past, it may affect your ability to obtain coverage. The $14,000 figure is the amount of the current gift tax exclusion (for 2014…
 
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    Native American Legal Update

  • Tribal Sovereignty and Development Colloquium, May 28/29, 2015 in Seattle

    Greg Guedel
    2 Mar 2015 | 2:27 pm
      The United States and Native American nations have a treaty-based, government-to-government relationship with a unique political and legal dynamic of mutual sovereignty. This colloquium will feature recognized experts presenting in-depth information and current perspectives on U.S./Tribal relations, their evolving sovereignty balance, and innovative strategies and programs for enhancing Native American development and human security. Please join us in person at the University of Washington in Seattle or via webinar for this extraordinary program focused on strengthening…
  • Menominee Nation Offers $220M for New NBA Arena in Milwaukee

    Greg Guedel
    10 Feb 2015 | 11:05 am
      The Menominee Nation in Wisconsin has reportedly offered to contribute $220 million toward the cost of constructing a new arena for the NBA basketball team Milwaukee Bucks - if Wisconsin Governor Scott Walker agrees to reverse a decision prohibiting a proposed new Tribal casino in Kenosha, Wisconsin. In January, Governor Walker announced he would reject the plan for the Menominee Nation to build a $800 million casino in Kenosha. Walker has until February 19 to reverse the decision. The Wisconsin state government currently has an agreement with a Milwaukee casino that mandates no other…
  • Washington Tribes Seek Econometric Adjustments for Gaming Machine Allocations

    Greg Guedel
    29 Jan 2015 | 9:39 am
    Gale Courey Toensing/Indian Country Today Video gaming machines are among the most profitable elements of most Tribal casinos, and the number of machines in a casino can significantly impact the profit potential for the Tribe. In Washington state, gaming Tribes are currently negotiating new compacts with the state government that would provide for growth in the number of authorized machines based on factors indicating market demand. The number of gambling machines allowed in Tribal casinos in the state of Washington — currently about 28,000 — has been set over the years…
  • The Economist Reports on New Tribal Gaming & Poverty Research

    Greg Guedel
    16 Jan 2015 | 8:51 am
    The upcoming edition of The Economist features an article on the relationship between Tribal gaming and poverty, based on research conducted by Foster Pepper’s Native American Group and the University of Washington’s Jackson School of International Studies. The article can be accessed HERE. The research is being led by Foster Pepper’s Native American Group Chair Greg Guedel, who said: “This study provides data on how specific economic activities are impacting quality of life in Tribal communities. The goal of the research is to help empower Tribes to create prosperity…
  • Congress Eliminates Dollar-Match Requirement for Native CDFIs

    Greg Guedel
    6 Jan 2015 | 11:20 am
    In a significant action that will assist Community Development Financial Institutions (CDFIs), Congress has moved to waive the non-federal dollar-for-dollar match requirement for the Native American CDFI Assistance (NACA) program in the FY 2015 Omnibus Appropriations Bill, now Public Law 113-235. The law appropriates $15 million in funding to NACA for financial and technical assistance, training, and outreach programs without the obligation of meeting the match requirement found in 12 U.S.C. 4707(e). The removal of the dollar-for-dollar match requirement is an important boost for economic and…
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    Technology & Marketing Law Blog

  • GA Supreme Court Fixes Overbroad Injunction Against Message Board Operator–Chan v. Ellis

    Venkat Balasubramani
    29 Mar 2015 | 1:03 pm
    shutterstock / “man screaming” This case involves message board posts by a community that criticized Ellis’s copyright enforcement efforts. Ellis sought and obtained a protection order against Chan, the operator of the message board, on the legal grounds that the users’ posts constituted “stalking”. The Georgia Supreme Court reverses the order. Chan made First Amendment and Section 230 arguments, as well as arguments based on the text of the statute. The court focuses on the latter: That a communication is about a particular person does not mean necessarily that it is…
  • Court Rejects Bizarre Attempt To Scrub Consumer Review–Goren v. Ripoff Report

    Eric Goldman
    28 Mar 2015 | 10:23 am
    Photo credit: “An eraser from a pencil is starting to erase the word data” // ShutterStock I previously blogged about this matter (see also Venkat’s update). A Massachusetts attorney, Goren, was unhappy about a user review of his law firm posted to Ripoff Report, which is well-known for not removing user posts. The plaintiffs sued the user for defamation in state court; the user no-showed. The plaintiffs got a default judgment and convinced the judge to assign the author’s copyright as part of the relief. The plaintiffs then turned around and sued Ripoff Report for…
  • In IMDb Privacy Case, 9th Circuit Rejects Hoang’s Appeal

    Venkat Balasubramani
    27 Mar 2015 | 6:21 pm
    Shutterstock / SoulCurry – I love My Privacy Hoang alleged that IMDb improperly used her personal information to find out her real age and published her real age on its website. She argued that this harmed her employment prospects in the industry. The jury ruled for IMDb. Hoang appealed. On appeal, Hoang raised two issues (1) the trial court abused its discretion in not granting Hoang additional discovery because her initial lawyer was sick and ultimately passed away, and (2) the jury instructions wrongly placed the burden on her to prove that she was not in breach of the IMDb…
  • Morel Denied Attorneys’ Fees In Long-Running Suit Over Photos Lifted From Twitpic

    Venkat Balasubramani
    26 Mar 2015 | 2:08 pm
    Daniel Morel uploaded iconic Haiti earthquake photos to Twitpic and shared them via Twitter. Getty Images and AFP republished the photos without permission, and Morel scored a big $1.2M verdict when the jury ruled in his favor. However, the court denied his request for attorneys’ fees. Morel said that Getty’s position as a whole was unreasonable. Getty on the other hand, pointed out that although it lost the war, it won some battles along the away. It also raised the novel and ultimately unsuccessful issue of whether defendants could obtain the benefit of Twitter’s broad license…
  • Online Dating App Grindr Isn’t Liable For Underage ‘Threesome’ (Forbes Cross-Post)

    Eric Goldman
    25 Mar 2015 | 7:20 am
    Photo credit: Vdovichenko Denis / Shutterstock.comMany online dating services undertake some efforts to screen out dangerous or problematic members, but what should the law do if those screening efforts aren’t perfect? As a recent case involving Grindr shows, the answer is nothing. Grindr is an online dating app catering to “gay, bi and curious guys.” Through Grindr, Mark LeMunyon, a Grindr subscriber, connected with an underage Grindr member seeking sex. Like something out of a bad Katy Perry song, LeMunyon then contacted the plaintiff, William F. Saponaro, Jr., to organize…
 
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    The California Employment Law Blog by Mediator Steven G. Pearl

  • Court of Appeal Rules on Retroactivity of Whistleblower Statutes

    Steven G. Pearl
    2 Mar 2015 | 8:00 am
    A frequent issue over the last several years has been whether a plaintiff must exhaust administrative remedies under Labor Code section 98.7 by filing a claim with the Labor Commissioner before filing a statutory whistleblower action under Labor Code 1102.5. See, e.g., Campbell v. Regents of University of California (2005) 35 Cal.4th 311; MacDonald v. State of California (8/27/13) depublished 11/27/13. In 2013, the Legislature addressed the issue by: Adding section 244(a), which provides: “An individual is not required to exhaust administrative remedies or procedures in order to bring a…
  • Happy New Year!

    Steven G. Pearl
    6 Jan 2015 | 1:48 pm
    Happy New Year to all of you. Last year was a terrific one personally and professionally for me. I hope that yours was as well and that 2015 will be even better.
  • In re Walgreen Co. Overtime Cases: Court of Appeal Affirms Denial of Certification in Meal Period Class Action

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

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

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

  • Corporate Insiders Individually Charged for Failing to Update SEC Filings

    19 Mar 2015 | 6:48 am
    While we all understand that registered individuals rely on their firms to update their required filings, so do corporate officers and shareholders. The problem is that the individuals are still personally responsible for the updates - and for failing to update.A reminder from the SEC, as it has charged eight officers, directors, or major shareholders for failing to update their stock ownership disclosures to reflect material changes, including steps to take the companies private.Each of the respondents, without admitting or denying the SEC’s allegations, agreed to settle the proceedings by…
  • SEC News - FCPA Violations, Trade Suspensions, Whistleblower Awards

    16 Mar 2015 | 7:30 am
    Goodyear Charged With FCPA ViolationsGoodyear Tire & Rubber Company has been charged with violating the Foreign Corrupt Practices Act (FCPA) when its subsidiaries paid bribes to land tire sales in Kenya and Angola.SEC Halts Ponzi-Like Scheme by Purported Venture Capital Fund Manager in BuffaloA purported venture capital fund manager in Buffalo, N.Y., has been charged with fraudulently using money from three investment funds to pay fictitious returns to investors in a different fund.  The SEC obtained an emergency asset freeze to halt the Ponzi-like scheme.Trading Suspended in 128…
  • Morgan Stanley breach probe shifts to hacker from fired employee

    9 Mar 2015 | 7:35 am
    U.S. authorities are investigating whether a hacker is behind the online publication of a cache of Morgan Stanley's client data and not the financial adviser who was fired in connection with the breach, according to CNN and The Wall Street JournalFor more information, go to Morgan Stanley breach probe shifts to hacker from fired employee: WSJThe attorneys at Sallah Astarita & Cox, LLC include veteran securities litigators and former SEC Enforcement Attorneys. We have decades of experience in securities litigation matters, including SEC and FINRA investigations, insider trading cases,…
  • New Arbitrator Rule - Customer and Firm Attorneys are No Longer Public Arbitrators

    2 Mar 2015 | 7:00 am
    The SEC has approved a FINRA rule proposal which will dramatically change the composition of arbitration panels. For years attorneys who solely represent customers have been complaining that there are too many arbitrators with ties to the securities industry. From there, the argument assumes that those arbitrators will violate their duty, their obligations, and their oaths, and rule in favor of the brokerage firm involved in the dispute.This argument is on its face outrageous, and an affront to the thousands of arbitrators who serve on arbitration panels. Coupled with the fact that customers…
  • SEC News: Insider Trading, Pyramid Schemes, Fraudulent Deception

    1 Mar 2015 | 9:20 pm
    Charges Against Atlanta Man Accused of Insider Trading in Advance of Tender OfferAn Atlanta resident has been accused of insider trading in the stock of a technology company by exploiting nonpublic information he learned from the friend of a company executive.Mutual Fund Adviser Charged in Connection With Improper Handling of Fund AssetsAn investment adviser to several alternative mutual funds faces charges for maintaining millions of dollars of the funds’ cash collateral at broker-dealer counterparties instead of the funds’ custodial bank.  The violations were uncovered during an…
 
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    Construction Law Musings- Richmond, VA

  • A Relatively Small Exception to Fraud and Contract Don’t Mix

    Christopher G. Hill
    23 Mar 2015 | 6:00 am
    English: Alexandria, Virginia U.S. Custom House and Post Office (1900) Completed in 1858. Architect: Ammi B. Young (Photo credit: Wikipedia) Remember all of my posts about how fraud and contract claims don’t usually play well in litigation?  Well, as always with the law, there are exceptions.  For instance, a well plead Virginia Consumer Protection Act claim will survive a dismissal challenge. A recent opinion out of the Alexandria division of the U. S. District Court for the Eastern District of Virginia sets out another exception, namely so called fraudulent inducement.  In XL…
  • Why Accounts Age And Solutions For Construction Industry Credit Managers

    Christopher G. Hill
    17 Mar 2015 | 7:06 am
    Originally posted 2013-01-25 09:00:34. Republished by Blog Post PromoterFor this week’s Guest Post Friday here at Musings, we welcome back Scott Wolfe.  Scott is the CEO of Zlien, a company that provides software and services to help building material supply and construction companies reduce their credit risk and default receivables through the management of mechanics lien and bond claim compliance.  He is also the founding author of the Lien Blog, a leading online publication about liens, security instruments and getting paid on every account. Scott is a licensed attorney in six…
  • Do We Really Want Courts Deciding if Our Construction Contracts are Fair?

    Christopher G. Hill
    17 Mar 2015 | 7:06 am
    Virginia General Assembly (Photo credit: Wikipedia) As I posted recently, the Virginia General Assembly has passed, and I can see no reason why the governor won’t sign, a bill that would essentially invalidate preemptive contractual waivers of lien rights as they relate to subcontractors and material suppliers.  It does not apply to General Contractors, but it is a step in what many (including those attorneys that represent subcontractors and suppliers) believe is the right direction. Of course, as soon as I posted last week,  my friend and colleague Scott Wolfe (@scottwolfejr)…
  • The Value of Pre-qualifying Contractors On Public Construction Projects

    Christopher G. Hill
    13 Mar 2015 | 6:00 am
    Originally posted 2011-05-06 09:00:08. Republished by Blog Post PromoterFor this week’s Guest Post Friday here at Musings, we welcome Harold (Hal) Good, CPPO.  Hal is the director of Purchasing for Frederick County Government and First Vice President of the National Purchasing Institute, (NPI).  Prior positions include: Director of Procurement and Contracting for the city of Palm Springs, California and materials management related positions at New York University Medical Center.  Hal has served as national president of the Airport Purchasing Group, (APG) and  president of the…
  • Why should anyone write a blog posting every day, for 8.5 years? How about half-a-million dollars . . .

    Christopher G. Hill
    13 Mar 2015 | 6:00 am
    This week, Musings welcomes back Mark Buckshon of the Construction Marketing Ideas blog to Guest Post Friday. Mark publishes several regional construction industry newspapers and websites. He can be reached at 888-627-8717 ext 224 or by email at buckshon@cnrgp.com. Some projects are labors of love, with surprisingly important and valuable results. However, I could never have anticipated the success when I decided to start a daily construction marketing blog in 2006, continuing it through every season for 8.5 years. Sometimes, when I took vacations and needed to be off-line for several days or…
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    CAFA Law Blog

  • Class Action Remanded For Untimely Removal Where Amount In Controversy Could Have Been Timely Ascertained From State Court Pleadings

    cafalawblog@mcglinchey.com (McGlinchey Stafford PLLC)
    17 Mar 2015 | 9:33 am
    Levanoff, et al. v. SoCal Wings LLC, et al., 2015 WL 248338 (C.D. Cal. Jan. 16, 2015). In Levanoff, a district court in California remanded the case to state court and held that a  notice of removal was untimely filed where the removing defendant could have ascertained the amount in controversy from the pleadings in a timely manner. The plaintiffs brought an employment class action in state court on September 28, 2011. On October 22, 2012, the plaintiffs filed a statement of damages (the “Statement of Damages”), estimating that the proposed class sustained damages of at least…
  • Kentucky District Court Approves Settlement Agreement In Telecommunications Services Billing Class Action.

    cafalawblog@mcglinchey.com (McGlinchey Stafford PLLC)
    3 Mar 2015 | 4:00 am
    Bowers v. Windstream Kentucky East, LLC, No. 09-440, 2013 WL 5934019 (W.D. Ky. Nov. 1, 2013). In this action, a Kentucky district court approved a final class-action settlement agreement after the parties complied with all notice requirements under Federal Rule 23 and CAFA. The named plaintiffs asserted a class action, alleging that defendants charged illegal rates to hundreds of thousands of their telecommunications services customers. In that regard, plaintiffs alleged that, since June 2007, defendants’ monthly bills had systematically included an inconspicuous surcharge, which equaled as…
  • The Face Of The Complaint Controls – Says Court To Plaintiff

    cafalawblog@mcglinchey.com (McGlinchey Stafford PLLC)
    2 Mar 2015 | 4:00 am
    Orlander v. Staples, Inc., No. 13-703, 2013 WL 5863544 (S.D.N.Y. Oct. 31, 2013). In this case, the Southern District of New York retained subject matter jurisdiction under CAFA based on the rebuttable presumption that the face of the plaintiff’s complaint is a good-faith representation of the amount in controversy. Here, the named plaintiff purchased a Hewlett Packard computer and a two-year protection plan from a Staples store in Scarsdale, New York.  The plaintiff claimed that a Staples’ sales representative assured plaintiff that if he purchased the protection plan, Staples would…
  • O’Shaughnessy v. Cypress Media, LLC, 2014 WL 1791065 (W.D. Mo. May 6, 2014).

    cafalawblog@mcglinchey.com (McGlinchey Stafford PLLC)
    1 Mar 2015 | 2:22 pm
    O’Shaughnessy v. Cypress Media, LLC, 2014 WL 1791065 (W.D. Mo. May 6, 2014). A district court in Missouri denied the plaintiffs’ motion to remand based on CAFA’s local controversy exception finding that when the lone defendant in the action is not the citizen of a state where the class action was originally filed, the requirements of the exception cannot be satisfied. The three named plaintiffs in this case originally filed this putative class action lawsuit on April 16, 2013 in the Circuit Court of Jackson County, Missouri against the McClatchy Company, the sole shareholder of Cypress…
  • Federal Jurisdiction Under CAFA is Measured at the Time of Removal

    cafalawblog@mcglinchey.com (McGlinchey Stafford PLLC)
    1 Mar 2015 | 2:01 pm
    Growitch v. Charter Communications, Inc., 2014 WL 1718737 (8th Cir. May 2, 2014). The Eighth Circuit held that a federal jurisdiction under CAFA is measured at the time of removal–the court does not lose its jurisdiction over the action merely because the district court found that complaint failed to state a sufficient claim for damages and dismissed the claim. The plaintiffs in this action were customers of the defendant Charter Communications (“Charter”), broadband communications company that provides cable, Internet, and telephone services.  The plaintiffs subscribed to…
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    Lowering the Bar

  • Sufficiently Notorious Convicted Felon Identified?

    Kevin
    27 Mar 2015 | 12:28 pm
    My previous post on this mystery is already pretty long, so I'm doing this update separately. To start with, here's the evidence to the extent I can glean it from the redacted OIG report, which, if you've forgotten, reported that a convicted terrorist had not only been allowed to fly, but was given TSA Pre-Check status. The report says outright that the "sufficiently notorious convicted felon": Is a former member of a "domestic terrorist group"; Was involved in "numerous felonious criminal activities"; Was convicted of murder and "offenses that involve explosives"; Served a "multiple-year…
  • Texas Bill Would Make It Illegal for You to Film a Cop Beating You

    Kevin
    26 Mar 2015 | 4:22 pm
    Section 38.15 of the Texas Penal Code makes it an offense to interrupt, disrupt, impede, or otherwise interfere with "public duties," including those being exercised by a police officer. That's the law pretty much everywhere, of course, but the question that has arisen in recent years is whether you are "interfering" (etc.) with a police officer just because you are recording what he or she is doing. Actually, that's not a serious question, it's just something bad cops say because they don't want to be recorded. The argument boils down to, "I had to stop what I was doing and come over…
  • The Most Interesting Carpool-Lane Ruse in the World

    Kevin
    26 Mar 2015 | 1:15 pm
    Interesting, but not successful: In this case the "extra passenger" is—in the unlikely event you don't recognize him—a cardboard cutout of The Most Interesting Man in the World, the spokesman for Dos Equis Beer. The driver was busted in the HOV lane of I-5 near Tacoma, and while the trooper did give him a ticket he did not confiscate the Man, according to the report. Just because I looked it up, the Man is portrayed by Jonathan Goldsmith, a 76-year-old actor who has appeared in movies and on TV hundreds of times (not even counting Dos Equis commercials). His career goes back to the…
  • Minor Wordfoolery, Way Updated

    Kevin
    25 Mar 2015 | 10:30 am
    I was pleased to see that far more respectable personage Prof. Eugene Volokh also noticed and commented yesterday on Justice Kagan's use of "way" as an adverb in the Omnicare case. (I mentioned it at the end of this post.) It was the first use of the phrase "way overstates" in any published U.S. opinion, but not (as I speculated) the first use of "way" as an adverb by a Supreme Court justice. That's because, as reader Steve Kass pointed out to me, Justice Kagan herself used it that way at least three times in 2013, all in the same sentence: Amex has put Italian Colors to this…
  • Court: Obligation to Make Sense May Not Be Delegated to Client

    Kevin
    24 Mar 2015 | 4:45 pm
    Here's a more interesting decision by the Supreme Court, although maybe "decision" is the wrong word. The question is: if your client insists on filing something that is complete gibberish, do you have to agree, or do you  have an ethical duty to withdraw from the case? Last October, the very respectable firm of Foley & Lardner filed a petition for certiorari in a patent case entitled Sigram Schindler Beteiligungsgesellschaft MBH, and that title is the most understandable thing about it. Here's the petition, courtesy of Josh Blackman, but just take a gander at this excerpt, if…
 
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    Ohio Family Law Blog

  • Gray Divorce: Division of Retirement Assets Disparity

    Robert L. Mues
    28 Mar 2015 | 1:01 am
    Be Sure To Hire A Divorce Attorney With Experience In “Gray Divorce” Cases An interesting article published in the Arkansas Business Journal discussed the issue of divorce with retirement age individuals.  As a founding member of the International Academy of Attorneys for Divorce Over 50, I personally am quite familiar with the unique issues that often arise in these “gray divorce” cases. When discussing the financial background of many couples aged 50-60, the typical equal asset allocation can be problematic. These couples are more likely to have combined their retirement…
  • 5 Steps Toward Connecting with your Kids

    Guest Contributor Gregory Ramey, PhD, Child Psychologist and Dayton Daily News Columnist
    21 Mar 2015 | 1:14 am
    Why should I rush home to have dinner with my kids when my efforts to talk with them are met with silence and indifference that borders on contempt?,” asked a dad at a recent workshop. Many parents voiced similar concerns but quickly justified their adolescents’ misbehavior with “that’s typical of the teenage years.” The fact that something may be common doesn’t make it right or an inevitable stage of growing up. Lots of parents raise teens who are communicative and emotionally engaged with their families, not sullen and disrespectful. Discuss the issue directly. Get your kids’…
  • Adoption Records NOW Unsealed in Ohio!

    Robert L. Mues
    14 Mar 2015 | 1:16 am
    All Adoption Records And Original Birth Certificates Available To Ohio Citizens New Ohio Law Gives Adoptees Easier Access To Adoption Birth Records UPDATE – March 20, 2015, is the first day that individuals adopted in Ohio between January 1, 1964, and September 18, 1996, can pay a $20 fee, and fill out a request form to get a copy of their original birth certificate and certificate of the adoption. Ohio now becomes the twelfth state to provide ALL of their adopted citizens access to their adoption records. This will affect up to 400,000 people who have previously been denied access to…
  • Domestic Relations Court In Greene County Hires Nidiffer

    Anne Shale
    7 Mar 2015 | 12:58 am
    An Introduction to Greene County Domestic Relations Court Staff Attorney Justin C. Nidiffer Justin C. Nidiffer On February 9, 2015, I traveled to the Domestic Relations Court of Greene County, Ohio to interview Justin C. Nidiffer, the newly hired Staff Attorney for the named Court.  Justin advised me that he had completed an internship with the Court during his last year in law school and that he was so very pleased with that experience.  It was apparent to me that the Domestic Relations Court was very satisfied with Justin’s performance as the Court hired him as their very first Staff…
  • FOMO: Does it Impact Decisions to File for Divorce?

    Guest Contributor Donna F. Ferber, LPC, LADC
    28 Feb 2015 | 12:00 am
    The Role FOMO (Fear of Missing Out) Plays Out In Daily and Family Life Technology has created a glut of new words and expressions. It also has “repurposed” old words; a mouse is no longer just a rodent in my basement. A crash is not a vehicular accident, a chip is not just used for scooping up onion dip and a pad is not just a monthly required feminine product. Electronic communication has also introduced us to a wave of new acronyms. LOL, ROFL, OMG, BRB were sprinkled through our e-mail and now are a standard in texting. Those initialisms (another new word I recently learned) have…
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    3 Geeks and a Law Blog

  • Hsu Untied: Interviewing Lawyers About Their Side-Hobbies

    12 Mar 2015 | 2:00 pm
    via Maya Hsu My former colleague, Richard Hsu, is at it again. You may remember Richard, and his talented daughter, Maya, from my posts about his One Page Blog, and HsuTube blogs, and the really interesting videos he and Maya produced. I talked with Richard this week and caught up on what he's up to these days. His new site, Hsu Untied, is Richard's dive into the audio medium where he records podcasts of lawyers and special guests about their hobbies outside of their daily legal grind. Although Maya is now almost 16 and no longer interested in helping her Dad make topics like "Assignment…
  • Bloomberg BNA Launches Big Law Business Community Website

    5 Mar 2015 | 6:14 am
    Toby Brown and I got a sneak peek yesterday at Bloomberg BNA's new Big Law Business community site, and we liked what we saw. We all know that Big Law is big business, but there are very few resources out there from vendors that cover current stories and trends of the business side of a large law firm, and even fewer that promote a community to comment and contribute. Most of us have relied upon bloggers to fill the gap, but a resource like this coming from Bloomberg Law is a welcome new addition. The site is free to access, but content contribution will be limited to those of us that work…
  • Movin' On Up!

    2 Mar 2015 | 8:09 am
    The legal market consolidated a bit more today in Canada as DLAPiper LLP announced that Davis LLP will be joining the Swiss verein's North American arm as its newest member firm in April 2015.  The Am Law Daily, summed up the change in Canada over the past few years the best: "DLA Piper is just the latest firm to expand north, always with struggling mid-tier firms. Two other firms organized as international vereins—Dentons and Baker & McKenzie—were more successful in absorbing groups of refugees from the dissolving Heenan Blaikie last year. Dentons had already entered…
  • RELX: Reed Elsevier, Lexis?? Wait... What??

    27 Feb 2015 | 12:52 pm
    Okay... it's Friday. It's snowing in Dallas, and it's a bit slow around the office. But, when I saw that Reed Elsevier was going to change its name to RELX, I thought maybe it was a joke to draw attention away from the black/blue vs. gold/white dress discussion. Apparently not. I'm sure there was a big Think-Tank of Marketing Gurus involved in this decision, but on the surface it looks like it was a room of Gen Y's that had never heard of the band Frankie Goes to Hollywood... otherwise, they would have seen snarky posts like this one... or this one... or this one, coming. Not sure what…
  • The Profession is Doomed

    10 Feb 2015 | 3:00 pm
    Image [cc] slworking2 Recently I participated on a panel on the future of the profession for the National Conference of Bar Presidents and walked away thoroughly convinced the profession is doomed. For those of you unfamiliar with how bar associations make decisions, I offer the following story: If someone asked for permission to go to the bathroom, a bar would form a task force (or commission) to fully examine whether going to the bathroom was a good idea and to highlight all of the pitfalls around bathrooms. After 18 months they would issue a report stating that going to the bathroom is…
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    The High-touch Legal Services® Blog...for Startups!

  • May a Minor Form an LLC?

    Dana
    27 Mar 2015 | 3:27 pm
    This post – asking “May a minor form an LLC?” – is a companion to May a Minor Form a Corporation? I have been wanting to write this post for more than two years, ever  since writing the corporation post referenced above. However, as  explained further below, I felt uncomfortable doing so because I was  somewhat unsure of the answer. No Authoritative Answer After hours of online research, I found no authoritative answer.  Some people (including some lawyers) state that a minor may not form an  LLC. However, they cite no authority supporting this proposition. They  appear simply…
  • Fraudulent Takedown Notice Leads to $25,000 Judgment

    Dana
    20 Mar 2015 | 7:35 pm
    Earlier this month, the U.S. District Court for the Northern District of California ordered the author of a fraudulent takedown notice under the Digital Millennium Copyright Act to pay more than $25,000. U.K. Student Journalist Oliver Hotham has a blog on WordPress.com, which is operated by San Francisco-based Automattic Inc. Blogging about Straight Pride UK Hotham wrote blog posts about an organization called Straight Pride UK, which appeals to those who practice “a traditional [i.e., not gay] style of relationship“. As those posts appeared, Nick Steiner, press officer for…
  • Why do legal documents use Shall rather than Will?

    Dana
    20 Feb 2015 | 8:00 pm
    This post, about why many legal documents use Shall rather than Will, is based on a Quora answer that I wrote. See Why was “should” substituted for “would” in the 1800s? For example, why did people say, “I should like to have some pie” rather than “I would like to have some pie”? Future Tense – Shall vs. Will Although few people other than linguists are aware of the following, proper use of shall or will in the future tense depends on whether the subject is the first, second or third person. For example: Singular: I shall go. You will go.
  • Telling Facebook Friends Means Telling the World

    Dana
    15 Jan 2015 | 3:43 pm
    This post explains something that we all should know intuitively. If you disclose information to your Facebook friends, you potentially have disclosed it to the entire world. Matthew Richard Palmieri was a contractor for the United States. He lost his industrial security clearance after the government investigated certain of his activities. Palmieri brought suit (without a lawyer) against various government agencies and officials in the United States District Court for the District of Columbia. The suit identified 30 ways in which the defendants allegedly violated his rights. Alleged Fourth…
  • Je Suis Charlie

    Dana
    11 Jan 2015 | 9:17 am
    Charlie Hebdo homepage, announcing that the next issue will be published on Tuesday, January 14 Je suis Charlie (French for “I am Charlie”). This post supports freedom of expression, generally, and more particularly Parisian satirical weekly Charlie Hebdo, which was the victim of a massacre by Islamist radicals on January 7, 2015. Being a bit of a francophone and francophile (see Paris: What a Difference a Decade Makes), and having relatives in Paris, I feel it is especially important to join millions of people throughout the world proclaiming that we value freedom of speech and…
 
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    Gamso - For the Defense

  • Crisis Averted

    27 Mar 2015 | 5:03 am
    Whew, that was close!Poor Texas, down to it's last shot.   One left for Number 1.We're talking penobarbital, the drug of choice for state-performed murder.  And after Texas killed Manuel Vasquez earlier this month, they were about done.  The shortage of killin' drugs is, of course, hardly news.  Pharmaceutical companies don't want to be in the business of providing drugs to help states kill their people.  (It's not all noble sentiment - they're in the money-making business as much as the drug business, and there's a lot of blowback.  Bad PR. Worldwide problems.
  • Pay No Attention to the Man Behind the Curtain.

    22 Mar 2015 | 8:51 pm
    No, it's not noteworthy because it could conceivably get on the ballot in California.  Under the law there, it seems that just about any damn fool thing can get on the ballot in California.*And it's not noteworthy because it's so over-the-top fundamentally offenseve. (Your mileage may vary, of course) It's not noteworthy because, if it somehow got on the ballot and received a majority of the votes it might become law despite the fact that it's clearly unconstitutional.  Lots of laws are clearly unconstitutional.  Some of them get enforced for decades.  Nor is it…
  • This Is What It Comes To

    20 Mar 2015 | 7:33 pm
    This is what it comes to.They sent him to death row, but Glenn Ford didn't kill Isadore Rozeman.  Andrew Cohen, last month, for the Marshall Project.You probably don’t remember Glenn Ford or his remarkable story of injustice and redemption. Eleven months ago, he walked out of a Louisiana penitentiary after spending 30 years on death row for a murder he did not commit. He was able to do so only after a new generation of prosecutors finally acknowledged in court what their predecessors knew or should have known all along: that there was “credible evidence” that Ford “was neither…
  • In Which I Wish, If Just for a Day, My Texas License Was Still Active

    17 Mar 2015 | 10:31 pm
    I hadn't written about it because, frankly, it was hard to see how I might have done a better - or more interesting - job than Dahlia Lithwick did.  And aside from the fact that he and I have both worked on capital cases . . . .  Really, there just wasn't anything for me.  The subject was David Dow, an effective, committed lawyer doing late stage capital defense work in Texas.  More specifically, the subject was David being held in contempt by the Texas Court of Criminal Appeals (where Sharon Keller is Chief Judge) for a maybe-late filing after having blown another…
  • On Mercy Considered As One of the Fine Arts: Part the Second

    16 Mar 2015 | 8:27 pm
    Jennifer Bishop-Jenkins won't remember the time I met her.  I'll never forget it.It was 2003.  She was coming to Cleveland to speak at at the ACLU about the death penalty.  I was to give some general comments and then introduce Jennifer.She was, at that time, chair of Murder Victim's Families for Reconciliation.  Her pregnant sister Nancy, and Nancy's husband had been murdered, shot to death in a Chicago suburb.  She opposed the death penalty and had, as I understood it, forgiven the killer.  I didn't know much more than that. I was eager to hear her speak.I…
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    LawyersandSettlements.com Legal Blog

  • Week Adjourned: 3.27.15 – Dominos Pizza, Wen Haircare, AIG

    LucyC
    27 Mar 2015 | 3:01 pm
    Top Class Action Lawsuits  Heads up you pizza delivery folk!! Another proposed wage and hour class action lawsuit has been filed against 70 Domino’s Franchises stores, this time in California and Arizona, by a delivery driver who alleges Domino’s fails to reasonably reimburse drivers for the costs of using personal vehicles for work, in violation of […]
  • Guess Getting Arrested for Underage S*x is a Real Grind(r)

    LucyC
    27 Mar 2015 | 8:53 am
    A 52-year old man who was cruising through his hook-up app—Grindr—came across the love of your life (well, at least for the next 30 minutes), arranged a meet-up, and then found himself being arrested for engaging in an app-assisted sexual encounter with a 13-year-old boy. An app-assisted sexual encounter? How very 21st century. William F. […]
  • Week Adjourned: 3.20.15 – Homejoy, Target, Drywall Pricing

    LucyC
    20 Mar 2015 | 12:34 pm
    Top Class Action Lawsuits  Uhh…Maybe not Everyone Deserves a Happy Home? You’d think with a name like ”Homejoy Inc”, there’d be a lot of joy to go around. Well, maybe for the customer and business owners, but maybe not so much for the workers. The company is facing two potential employment class action lawsuits, alleging the company […]
  • Billy was Lovin’ Tinder’s Cattle Call for Hookups until…

    LucyC
    18 Mar 2015 | 8:53 am
    …he found out love (even the meat market kind that’s based on, uh, appearances) ain’t cheap. Here’s the deal: $2.99 for unlimited “Likes”—(I guess that means “Likes” are officially a currency now). Sounds like a great deal, right? Not if you’ve been getting if for free. The hook-up, sorry, dating app—Tinder.com is raising its rates—from […]
  • Week Adjourned: 3.13.15 – Tinder, Airline Tourist Tax, TVM (Mesh Implants)

    LucyC
    13 Mar 2015 | 3:35 pm
    Top Class Action Lawsuits Come on baby, light my fire—oh—wait—did we mention there’s a charge? Tinder got hit with a consumer fraud class action lawsuit this week by a disgruntled user who alleges the social media company lures customers into signing up for its dating app by advertising it as being free and later charging […]
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    Are You Reading These Posts?

  • "Client Focus" Is In The Eye Of The ... Client

    Lance Godard
    26 Mar 2015 | 11:24 am
    There's only one way to give your client she expects, writes Gina Rubel in How In House Counsel Defines Client Focus. You ask her:The phrase “client focus” can take on many meanings for lawyers. [...] One thing is certain, it is important for every attorney to ask his or her client what their expectations are as they relate to providing client-focused service and then do everything it takes to meet those expectations.Read the post for Rubel's take - and that of a handful of in-house lawyers - on what it really means to "focus on the client." Then start doing it.
  • Do You Hear What Your Client Isn't Saying?

    Lance Godard
    13 Mar 2015 | 12:25 pm
    It's important to listen to everything your client tells you. But, writes Michael Rynowecer in 13 Unspoken Rules of Client Relationships, it's probably more important that you hear what she isn't saying. Because you need to follow the same unspoken rules that your clients have made "part of their core personality, behavior and decision making." Like these:1. Clients always find a way to hire the people they want when they want to.2. Clients don't fire their law firms, they just stop giving them work.3. “Your rates are too high” is a euphemism for “I want to give the work to someone…
  • The First Step in Marketing: Identify Your Ideal Client

    Lance Godard
    11 Mar 2015 | 1:42 pm
    Writing your marketing plan? Identify who you want to work for before you decide what you want to say and where you want to say it, writes Sam Glover in Let Your Ideal Client Guide Your Marketing Strategy. And he's right: if you're marketing your practice without a clear idea of the person you want to represent and the problems you want to solve, you're doing it wrong.Many lawyers ask whether they ought to use Twitter or write a blog or join a networking group. This is like asking whether you should use Word or Photoshop for your next project before you know what it is. [...] But if you…
  • Want To Add Value? Stop Talking About The Law

    Lance Godard
    9 Mar 2015 | 12:29 pm
    "I suppose it is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail," wrote Abraham Maslow in The Psychology of Science. For lawyers, that often translates into talking about the law, about legal issues, about rules and regulations and requirements. And that's precisely where they go wrong when they're trying to develop and enhance professional relationships, explains Josh Beser in Lawyers: How to Be Valuable ... Aside from Practicing Law:Lawyers have a problem. We’re consistently perceived as experts on one thing: law. This not only dominates how…
  • Are You Cross-Selling? Or Just Sharing Space?

    Lance Godard
    6 Mar 2015 | 11:21 am
    It's not all that surprising that more lawyers don't cross-sell (just ask Dan Hull). But it's good for you. And not coincidentally, it's good for your clients too, when you do it right.But knowing that doesn't fix the problem. You need to make time to get to know your colleagues, writes Tim Corcoran in Law Firm Cross Selling Basics:Work from another office periodically. Pick two or three colleagues you don’t know, even if your clients have never had a need in this area, and take them to lunch this year. When traveling to a client site, if there’s a satellite office nearby, drop…
 
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    Bitter Lawyer

  • Lawyers Behaving Badly: Texas Edition

    Bitter Staff
    24 Mar 2015 | 6:15 am
    Austin — a bastion of liberalism in otherwise red Texas and host to events like South by Southwest, a music and film festival held yearly in March — is one of the fastest growing cities in the United States. Growth generally means a big dose of gentrification, which some don’t much like. Money and development may, after all, push the poor who previously made Austin their home further out from the core and into red rural Texas. So last week, as South by Southwest was winding down, stickers began showing up on business windows declaring that the stores were “exclusively for…
  • Ridiculous Celebrity Lawsuit of the Week: Daily Show Guest Sues After Appearance Gets Him Fired

    Michelle McCarthy
    23 Mar 2015 | 6:20 am
    Ever been fired? It’s not fun. Allegedly. From what we’ve heard secondhand. Some of our best friends have been fired. You have this building you go to every morning. It houses a desk with all your stuff. That awesome “Keep Calm and Drink Coffee” mug your coworker got you. Photos of your kids back when they still thought you were cool. The huge rubber band ball that took you forever to make. There’s even a plaque that says your name attached to the space. The plaque announces “this is my area.” It’s a commitment. Then you get called into the…
  • 5 Steps To Surviving Your First Attorney Networking Event

    Stefan BC
    20 Mar 2015 | 6:30 am
    Back when I was in law school I had grandiose visions about working as a public sector employee. I fantasized about career stability, a defined pension, and set hours that never involved weekend work. However what attracted me most to the prestige of working for the gubmint was the prospect of never ever having to engage in the modern world’s worst labor abuse: networking. To be clear I love socializing- or “chillaxing” as the cool kids are calling it. I just like keeping my work life and my social life as separate as possible in order to avoid having my coworkers know about the people…
  • This Ninth Circuit Opinion Has Some Macklemore On It And Needs To Be Thrown Out

    Lisa Needham
    19 Mar 2015 | 6:30 am
    There was a big free speech decision out of the Ninth Circuit yesterday, in which a divided court held that Seattle’s King County Metro didn’t violate any free speech rights by refusing to slather their buses/trains/bikes/pedicabs/whatever the hell they ride on in Seattle with an anti-Israel ad. There are many many legal blogs that will explain to you why this is a great thing or a terrible thing for the future of speech in America. We are not a blog that will join that conversation, because no one wants to hear our thoughts and feels on the freedom of speech. No, we are here to…
  • Finally, A Legal Writing Job That Pays. Sort Of.

    Lisa Needham
    17 Mar 2015 | 6:30 am
    We’ve begged you to write for us, but do you listen? NO. It is probably because we have not offered you enough sweet cash. Weirdly, blogging is not making us BigLaw money. SOMEONE SHOULD HAVE TOLD US THIS SEVERAL MONTHS AGO. OK, so we are not able to make it rain, but we are able to tell you about people who will give you actual money to write a thing. It is not “quit your day job” type of money, but it is “go to the bar and pick up the tab for once, you moocher” money. Submit a work of original fiction (2,500-5,000 words) through the form below before December…
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    Rochester Bankruptcy and Debt Relief

  • Changes to the Bankruptcy Means Test as of April 1, 2015

    alexkorotkin
    28 Mar 2015 | 5:41 pm
    Once again, the means test figures for median income are being changed as of April 1, 2015. In New York, it means that the amount of income that the debtor can have before being forced into a Chapter 13 Bankruptcy is going to increase. Through March 31, 2015, a single debtor in New York could have $48,840 in income in income and still be able to file Chapter 7 Bankruptcy.  Starting April 1, 2015, that figure has been increased to $49,632.  Similar increases will take place for all family sizes. The comparison of the existing and new income limits is below. Old Income Limits FAMILY SIZE…
  • Reinstatement of Dismissed Chapter 13 Bankruptcy

    alexkorotkin
    1 Mar 2015 | 4:04 pm
    In a recent decision, In re Trine, Bk. 13-21520 (W.D.N.Y. 2015), the Bankruptcy Court for the Western District of New York held that once dismissed, a Chapter 13 Bankruptcy case cannot be reopened absent “extraordinary circumstances”. The failure of the debtor and her attorney to respond to the letters from the court and motions does not meet “extraordinary circumstances” standard. In Trine, the debtor made a motion to reopen a Chapter 13 Bankruptcy Case that had been dismissed two months earlier. The reason for the motion was debtor’s failure to make…
  • Bankruptcy Fraud and Revocation of Discharge

    alexkorotkin
    8 Feb 2015 | 7:26 pm
    Once the discharge is granted, can it be revoked? This  question was addressed by the court had to address in In Re Galan, (W.D.N.Y. 2014). Section 727(d)(2) provides that a bankruptcy judge should revoke the discharge if, the debtor acquired property that is property of the estate, or became entitled to acquire property that would be property of the estate, and knowingly and fraudulently failed to report the acquisition of or entitlement to such property, or to deliver or surrender such property to the trustee. In Galan, the debtor had failed to report his interest in real property and…
  • Homestead Exemption and Married Spouses

    alexkorotkin
    4 Jan 2015 | 6:51 pm
    It is not uncommon for one spouse to seek bankruptcy relief under Chapter 7 or Chapter 13 of the Bankruptcy Code in a situation where title to the real property is held in both parties’ names. Generally, under such circumstances, the debtor typically claims a half interest in the property. Thus, the homestead exemption, under either New York law or federal bankruptcy exemptions, would be used to protect that interest. This creates an interesting legal issue  since under New York’s Real Property Law both spouses hold an undivided interest in the entirety of the property. If so,…
  • Bankruptcy and Eviction

    alexkorotkin
    25 Oct 2014 | 6:37 pm
    If you are behind on the rent and are hoping to buy some time, or wipe out the obligation to the landlord altogether, under appropriate circumstances, Chapter 7 or Chapter 13 bankruptcy may be a solution. Filing for bankruptcy will usually wipe out the balance due for past due rent as of the date on which the case is filed. Rent for any period after the case is filed won’t be discharged. If the filing of the case is done correctly, you may also be able to buy some more time in the place before you have to move out. The filing of a bankruptcy petition stops all efforts at collection,…
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    The Jury Room

  • Simple Jury Persuasion: “Hey, look over here for a second!” 

    Douglas Keene
    30 Mar 2015 | 4:02 am
    This is sort of scary research. We all like to think our views on moral issues are pretty consistent and not easily shaken. That would be incorrect. They are not consistent and they are easily shaken. At least these are the conclusions reached by this research. We’ve written before about on which side of the courtroom you want to place your exhibits (it’s on the left), but this is far above and beyond that. According to these researchers, you can actually change someone’s mind about an ethical issue by where you have them looking. And, this is the worst part: it takes less than a…
  • Fire-setters: Psychotic and non-psychotic 

    Rita Handrich
    27 Mar 2015 | 4:02 am
    There is a lot of literature on fire-setters but not, apparently, on how psychotic fire-setters differ from those who are not psychotic. As it turns out, there are some significant differences. Researchers in The Netherlands examined the records of 124 fire-setters (30 psychotic and 94 non-psychotic) sent for pretrial forensic mental health assessments between 2000 and 2010. They were largely male (107 males and 17 females) and on average 32 years old. The researchers compared characteristics in the records and found these differences: Psychotic fire-setters were older, more often single,…
  • How big is that potential juror’s house? 

    Douglas Keene
    25 Mar 2015 | 4:02 am
    Tiny house craze aside, could this be a secret jury selection strategy? In June 2014, the Pew Research Center published a study showing that liberals prefer small, walkable communities while conservatives prefer the more sprawling suburbs. While about half of Americans prefer urban living and half prefer rural life—the split is apparently highly partisan. So Lisa Wade of the blog Sociological Images asks the question for us: “Can you guess someone’s political preferences by the size of their house?”. To which we would add, “or by their zip code?” It’s an intriguing idea. Say…
 
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    South Florida Lawyers

  • How's That Fancy New Downtown Office Building Working Out?

    South Florida Lawyers
    27 Mar 2015 | 7:21 am
    So I understand you have to park in Fort Lauderdale and walk about twenty miles if you want to get anywhere near downtown Miami this weekend:Good morning, Miami — hope you're not planning on driving anywhere today! Let's review just a few of the interesting things that are happening in your city today: The Miami Open, one of the world's most popular tennis tournaments, continues with early round play in Key Biscayne. Critical Mass, the monthly group bicycle ride, rolls out of downtown at 7:15 tonight. And oh yeah, there's also that little electronic dance party called Ultra kicking off this…
  • Homo-Fascist War on Freedom: Dark Bilbo Edition

    Godwhacker
    26 Mar 2015 | 7:28 am
    As 'religious liberty' laws spring up across the nation, it's good to remember that we've had this discussion before.
  • 3d DCA Watch -- Summary Judgment 101 Edition!

    South Florida Lawyers
    25 Mar 2015 | 8:09 am
    Get out your Arent Fox .1 billing sticks, we are about to learn how summary judgments work, courtesy of our blinkered bunkered be-robed bubbes:In support of their motion for summary judgment, the Lawyers filed affidavits, depositions, and records reflecting evidence which, if it was the only evidence admitted at trial, would support a ruling in favor of the Lawyers. This presentation met the Lawyers’ burden as the movants for summary judgment. Once the movants made such a presentation, the burden shifted to the Tribe as the non-movant opposing the motion to either (1) come forward with…
  • Your Taxes Paid for My Airport M&Ms (Thanks!)

    South Florida Lawyers
    24 Mar 2015 | 12:40 pm
    Well, only if you were to live in Broweird and I were to work at Arent Fox, that is:Taxpayer-supported Broward Health has paid $10.2 million so far for legal advice about how to deal with an ongoing federal investigation into allegations that it colluded with doctors to submit tens of millions of dollars in bogus claims to Medicare and Medicaid. Broward Health, also known as the North Broward Hospital District, quietly spent those millions even though federal authorities have yet to level a single public accusation of wrongdoing against it.The money went to the Washington, D.C. law firm Arent…
  • SFL is Under Attack!

    Godwhacker
    24 Mar 2015 | 5:45 am
    The plutocrats in South Alabama Tallahassee have been busy little bees! It's getting hard to keep track of all the horrible ideas they are mulling over, but this one should concern the authors and fans of this blog.A dangerously misguided Florida bill would forbid websites from operating anonymously just because they meet a vague definition of disseminating “commercial recordings”—and it's headed for a vote this week.Supporters of the “True Origin of Digital Goods Act” say it's about “piracy,” but it would actually have disastrous consequences for anonymous online speech both…
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    eLessons Learned

  • What Happens When ESI Is Lost?

    dsodroski
    27 Mar 2015 | 6:00 am
    Willfully destroying evidence? Failing to preserve materially relevant evidence? These are just two of the allegations Lisa Alter has made against the Rocky Point School District. Prior to submitting her complaint, Ms. Alter had accused the school district of similar wrongdoings. Alter worked for the Rocky Point School District holding various positions over the years. [...]
  • Cornell Law and Business Grad Gets Spanked By Judge for Violating Basic Ethics and Evidence Rules

    dsodroski
    25 Mar 2015 | 6:00 am
    If you are involved in a lawsuit you may not destroy relevant evidence, inadvertently or purposefully, without facing consequences. In this lawsuit, the defendant, who is the owner of the company and a lawyer, destroyed possibly more than 10,000 relevant e-mails after receiving notice of a copyright infringement suit against him. The court found the [...]
  • Does Forwarding Emails To An Opposing Party Qualify As A Sufficient Method of Transfer for Discovery Purposes?

    dsodroski
    23 Mar 2015 | 6:00 am
    The employee in this case was not an inexperienced layperson, but rather a seasoned and accomplished trial attorney. Yet even with her wealth of knowledge regarding discovery, she was nearly cited for contempt of court as a result of her unfamiliarity with electronic discovery obligations. When obligated to turn over emails to your opposing party [...]
  • Erasing Videotapes Can Be Dangerous for Everyone, Not Just Politicians!

    dsodroski
    18 Mar 2015 | 11:54 am
    In McCann v. Kennedy Univ. Hosp., Inc., the plaintiff Robert McCann sued Kennedy University Hospital, asking the court to sanction the hospital for intentionally or inadvertently destroying necessary videotapes.  The plaintiff contended that the videotapes contained an account of the defendant’s emergency room lobby on the night the plaintiff claims to have been mistreated by [...]
  • Court Protects Against Requested Deposition of An IT Witness for Fear of Opening Floodgates

    dsodroski
    16 Mar 2015 | 10:46 am
    Philips and Hunt may have been debating the ownership of the tagline “Sense and Simplicity,” but it seems the U.S. District Court for the District of New Jersey was more interested in exploring the sense and simplicity of Rule 26 of the Federal Rules of Civil Procedure when it handed down the ruling in Koninklijke [...]
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    Compliance Building

  • Weekend Reading: Argo

    Doug Cornelius
    28 Mar 2015 | 8:00 am
    In 1979, Iranian militants stormed the American embassy in Tehran and captured dozens of American, holding them hostage for 444 days. Six Americans escaped and hid in the home of the Canadian ambassador. A top-level CIA officer named Antonio Mendez devised an ingenious yet incredibly risky plan to rescue them before they were detected. You can read more in Argo: How the CIA and Hollywood Pulled Off the Most Audacious Rescue in History. The first chapter is great look at the history of the United States’ involvement in Iran. It’s riddled with U.S. mistakes, largely because the…
  • Compliance Bricks and Mortar for March 27

    Doug Cornelius
    27 Mar 2015 | 6:00 am
    March Madness! SEC Loses an AP for First Time Since FY 2013 by Bruce Carton in Compliance Week In FY 2014, however, the SEC maintained 100% perfection in its administrative proceedings. The agency reportedly prevailed in every single one of its more than 200 APs in FY 2014, including 14 consecutive victories in cases that went to a litigated hearing before an SEC Administrative Law Judge. That will not be the case in FY 2015, however, as the SEC actually lost a case this week that had made it all the way to a litigated hearing before Administrative Law Judge Jason S. Patil. Regulating Lawyer…
  • Failure to Disclose Loans Among Affiliated Funds

    Doug Cornelius
    26 Mar 2015 | 5:18 am
    Once you hear the words “inter-fund loans”, a compliance professional is going to sit up straight and be concerned. Anything “inter-fund” is an inherent conflict. That one fund is loaning another fund money is an indicator that something has gone wrong. Stilwell Value managed several private funds. According to the SEC order, the Stilwell funds made at least eight loans to other funds. The loans were relatively short – days to six months. At the time they were made, the loans were not documented and the terms were not memorialized. The big problem is that the…
  • Compliance Bricks and Mortar for March 20

    Doug Cornelius
    20 Mar 2015 | 6:00 am
    It’s finally Spring. Someday, all of this snow in Boston will melt. Someday. These are some of the compliance-related stories that recently caught my attention. The Fraudster Next Door by Scott Greenfield in Simple Justice Whether an epidemic of white collar crime exists in Utah isn’t clear.  There isn’t much of an epidemic of any type of crime these days, but that only serves to lower the bar on what’s needed for hyperbole. Regardless, it has nothing whatsoever to do with the need for a registry.  Are white collar criminals (which covers a vague but broad panoply of offenses)…
  • Drew Bowden Thinks Private Equity is a Great Business

    Doug Cornelius
    19 Mar 2015 | 5:53 am
    “I tell my son, I have a teenaged son, I tell him, ‘Cole, you want to be in private equity. That’s where to go, that’s a great business, that’s a really good business. That’ll be good for you.'” – Andrew Bowden Mr. Bowden, Director of the Securities and Exchange Commission’s Office of Compliance Inspections and Examinations, was speaking at Emerging Regulatory Issues in Private Equity, Venture Capital, & Capital Formation in Silicon Valley, hosted by Stanford Law School. His quote was in the context of the financial services industry complaining about…
 
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    Simmons Firm

  • Simmons Hanly Conroy Client Ellen Patton to be Awarded at the 2015 ADAO Conference Dinner

    Perry J. Browder
    27 Mar 2015 | 5:31 am
    People from all kinds of backgrounds have been impacted by mesothelioma and asbestos. The Asbestos Disease Awareness Organization (ADAO) strives to honor such people at its annual Asbestos Awareness Conference. This year, ADAO will honor the following individuals and organizations for their contributions to the asbestos and mesothelioma cause. Ellen Patton Award: Alan Reinstein Award As a client of Simmons Hanly Conroy, Ellen has experienced firsthand the devastation of a mesothelioma diagnosis. She is a steadfast asbestos awareness advocate – she delivered a speech titled “A Patient’s…
  • Petersen/Siddall Families and Law Firms Present Fire Prevention Gift to SIUE

    Simmons Hanly Conroy
    16 Mar 2015 | 5:09 pm
    The families of Lauren Petersen and Lacy Siddall along with their attorneys Ted Gianaris of Simmons Hanly Conroy and Tom Long, of Sandberg Phoenix & Von Gontard PC, have partnered with Southern Illinois University Edwardsville to produce a fire safety video in memory of SIUE students Lauren and Lacy. The two women passed away from their injuries after their off-campus apartment caught fire in April 2012. The video will share the girls’ stories and emphasize the importance of fire safety for college students. The families and their attorneys have each donated $5,000 toward the video…
  • VIDEO: Corporate Companies Knew Asbestos Was Deadly

    Michael J. Angelides
    7 Mar 2015 | 6:38 am
    Asbestos use in America has been called one of the largest man-made epidemics in U.S. history. This is because the health dangers of asbestos have been known for centuries – in fact, health conditions resulting from asbestos exposure were noted as early as the year 100. Contrary to this realization, asbestos use was only just getting started. As years passed, asbestos use increased. By the late 1800s and early 1900s, companies were using asbestos in their products – the mineral was praised for its fireproofing abilities – despite knowing that inhalation of asbestos particles could lead…
  • Syngenta Case Update: How Misleading Marketing Harmed the U.S. Corn Market

    Jayne Conroy
    2 Mar 2015 | 5:09 am
    Switzerland-based Syngenta, the world’s largest crop chemicals company, is currently facing over 175 lawsuits in eight states by corn farmers, exporters, grain handlers and others who have been adversely impacted by the company’s false claims. The lawsuits center around Syngenta seed products Agrisure Viptera and Agrisure Duracade that feature a genetically modified organism (GMO) strain. At Simmons Hanly Conroy, every GMO corn lawsuit case is personal. Illinois corn growers and exporters—like Decatur-based Trans Coastal Supply Company— are our neighbors. We’ve seen the impact of…
  • Asbestos and Mesothelioma News Wrap Up: February 2015

    Amy E. Garrett
    28 Feb 2015 | 5:59 am
    The mesothelioma lawyers at Simmons Hanly Conroy are committed to giving you the latest asbestos and mesothelioma news. Below is a group of some of the most recent news stories covering asbestos exposure, mesothelioma research and other headlines from throughout the world. 3 plead guilty to role in large asbestos release in MI Three suspects have pleaded guilty for their roles in what could be the largest asbestos release in Michigan since 1971. The U.S. Environmental Protection Agency (EPA) estimates that cleanup could cost as much as $1.03 million, according to court documents. Announcing…
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    Texas Wills and Trusts Law Online

  • What is the Difference between a First-Party Special Needs Trust and a Third-Party Special Needs Trust

    Rania Combs
    18 Mar 2015 | 8:00 am
    I received an email this week from someone who had a special needs trust for a sibling. She wondered if her sibling could put some of his own assets into a special needs trust that a family member created for him. Special needs trusts are not all the same. First-party special needs trusts are designed to hold the disabled person’s own assets, while third-party special needs trusts are designed to hold assets given to a disabled person by a third party. Below is a summary of each type of special needs trust. First Party Supplemental Needs Trusts A First-Party Special Needs Trust, also…
  • Who May File an Application to Determine Heirship in Texas?

    Rania Combs
    11 Mar 2015 | 8:00 am
    When an individual dies without a Will, a procedure called a Determination of Heirship proceeding can be filed establish the deceased individual’s rightful heirs. An application to determine heirship may be filed by any of the following people: The “qualified personal representative of the estate” in cases where there has been no administration of an estate, or a will was probated but there was real or personal property that was omitted from the will or the administration of the estate. A secured creditor The owner of “the whole or part” of the decedent’s…
  • To Spring or Not to Spring a Durable Power of Attorney

    Rania Combs
    2 Mar 2015 | 7:00 am
    Every adult should have a durable power of attorney. What is a Durable Power of Attorney? A durable power of attorney is a document that will allow you to appoint someone you trust to engage in specified business, financial and legal transactions on your behalf. It is called “durable” because it does not terminate if you become incapacitated. If you become incapacitated and do not have a durable power of attorney, a guardianship may be necessary to allow someone to manage your financial affairs. To Spring or Not to Spring Powers of attorney can become effective immediately or can spring…
  • What Will Happen To Your Facebook Account When You Die?

    Rania Combs
    18 Feb 2015 | 8:00 am
    A friend from college died suddenly a couple of years ago. She was a healthy person, but contracted the flu and died from complications from it. A couple of months later, I received Facebook reminder that it was her birthday. Had I not been aware of her death, I may have absentmindedly sent an online birthday wish, which may have been upsetting to her family members. In the past, the only options available to families of a deceased user were memorializing the account, permanently deleting it, or allowing it to remain active. To delete or memorialize an account, Facebook requires proof that…
  • Is A Will Signed By One Witness Valid If It Is Also Signed by a Notary?

    Rania Combs
    11 Feb 2015 | 6:00 am
    I have written before about the requirements of a valid will in Texas. To be valid, a Will must be signed by the testator, or another person at the testator’s direction and in his presence, and attested in the presence of the testator by at least two credible witnesses. I received a note this week from a woman whose father had signed a codicil. Only one witness had signed it, but it was also signed by a notary. She asked whether the notary’s signature could qualify as that of a second witness. There is case law to support the position that if a Will is signed by only one witness,…
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    A Connecticut Law Blog

  • What Makes A Successful Lawyer?

    Ryan McKeen
    25 Mar 2015 | 10:16 am
    “We are measuring success wrong. We measure by verdict size, not contribution, not impact. A truly successful lawyer is one who has laid it all out for an insignificant case, risked everything because it was the right thing to do. Measure by what kind of justice was given. Give the message that you care! A successful lawyer is a lawyer who honors real people.” – Gerry Spence Few lawyers, by any measure, have been more successful than Spence. We are grateful for Spence’s commitment to educating trial lawyers. Reading everything Spence has written is a prerequisite for this…
  • Injured By A Reckless Driver In Connecticut? 4 Things You Need To Know

    Ryan McKeen
    24 Mar 2015 | 10:21 am
    Reckless driving needlessly endangers us all. Those who choose to drive recklessly need to be held accountable for the harms and losses they cause. Whenever we review a personal injury case, we investigate to see if a driver was operating recklessly. What is reckless driving? Connecticut law provides that no person shall operate any motor vehicle upon any public highway of the state recklessly, having regard to the width, traffic and use of such highway, the intersection of streets and the weather conditions. How do we determine if a driver is reckless? We look for the following factors: 1.
  • I Was Injured In A Car Accident. Will An Attorney Take A Fee On The Property Damage Settlement?

    Ryan McKeen
    24 Mar 2015 | 6:52 am
    We can’t answer for what other attorneys may do. At McKeen Law Firm, LLC we never take a fee on a property damage settlement for a car wreck. When folks get hurt by someone choosing to violate safety rules, our job is to help get them back on their feet as soon as possible. For many folks, a car is a lifeline to get to their jobs and school. When a car is totaled, folks need a new vehicle as soon as possible.  We’re here to help make sure the insurance company promptly pays you full value for your loss. And when we do so, we hand the whole check over to you. When your car needs…
  • Top Ten Books For Your Personal Injury Trial Practice

    Ryan McKeen
    23 Mar 2015 | 6:34 pm
    On The Password Protected Post: Blackhats need not apply. Password protecting this one. Too good to post without a password. I’m going to be shifting more content behind a wall over the coming weeks and months. There are posts that I’ve been meaning to write for years that are suitable for a more limited audience. Please email me at ryan@mckeenlawfirm.com if you are interested in reading this post. I will provide you with the password on three conditions: (1) you swear that you exclusively represent plaintiffs; (2) you are an attorney; and (3) you promise not to share this list.
  • Protected: Top Ten Books For Your Personal Injury Trial Practice

    Ryan McKeen
    23 Mar 2015 | 1:45 pm
    This content is password protected. To view it please enter your password below: Password:
 
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    Associate's Mind

  • Resilient Lawyer Ep 5: When is it Okay For Lawyers to be Jerks?

    Keith Lee
    27 Mar 2015 | 8:19 am
    This is the episode where I get interviewed, which led to me becoming a co-host on the podcast.   We welcome listener’s questions or comments. Talk to us at questions@resilientlawyer.com or leave a vm at 336.543.2101 We’re also on Twitter.  @jeena_cho and I’m at  @associatesmind. Links Mentioned in the Show: Dave Nee Foundation MSNBC, Lawyers, get your mind right! Lawyerist, 10 Lessons You Weren’t Taught In Law School New York Times, Bar Exam, the Standard to Become a Lawyer, Comes Under Fire Bar Exam Toolbox, The Day I Failed the New York Bar Exam Associate’s Mind, The…
  • The Illusion Of Control

    Keith Lee
    25 Mar 2015 | 6:24 pm
    Yesterday my son had surgery. A tonsillectomy and adenoidectomy (TNA in medical jargon). A fairly simple procedure in the realm of surgeries. I had mine taken out when I was around 8 and vaguely remember it as not being that bad of an experience. I think I got some new toys out of it. So I was familiar with what was going to happen. It also so happens that my wife is a PACU nurse at the hospital where he was having surgery so our son had actually been back in the surgery wing plenty of times. He knew what everything looked like already. It was a fun place to go, not some scary, unknown…
  • Time To Cast Some Pods – The Resilient Lawyer

    Keith Lee
    20 Mar 2015 | 7:23 am
    Podcasts! Podcasts! Podcasts! Podcasts were going to be The Next Big Thing when they debuted a decade ago. But they sort of fell into the background for most people. I took to them almost immediately. I’ve been listening to some podcasts for over seven years now. I helped Kickstart a podcast I enjoy back in 2011. All that’s to say, I’m a fan of the medium. And after years of humming along quietly in the background, they’ve been thrust back into the forefront for many people. Mostly due to the success of Serial, the podcast by This American Life that focused on an old…
  • Live CLE Class, Atlanta Georgia – Beer & Sports (Law)

    Keith Lee
    18 Mar 2015 | 9:07 am
    On Monday, March 30th, I’ll be presenting a portion of a CLE, Beer & Sports (Law), presented by Outkick CLE. You may have noticed that Outkick CLE recently became a sponsor of Associate’s Mind, that’s their logo over there in the sidebar. Outkick CLE also approached me about developing some CLEs in conjunction with Associate’s Mind. This live event will be the first. The thrust of the CLE is beer and sports law, but I’ll be there to provide the ethics credit. I’ll be discussing an unfortunate situation a young lawyer found himself in a couple of…
  • Top University Students Avoiding Law School – 2015 Edition (Statistics + Graphs)

    Keith Lee
    5 Mar 2015 | 9:00 am
    Very quietly, without notice to anyone, the LSAC updated their LSAT data on the top 240 feeder schools into law schools. It usually comes out around this time every year so I check on it on occasion to see if has been updated. I do this because back in 2013 I identified the trend that top university students had begun to avoid law school. See: Top University Students Avoiding Law School – Charts Edition! (2013) Top University Students Avoiding Law School – 2014 Edition (Statistics + Graphs) Yes, But Where Have Law School Applications Gone Up? (Chart) Since we have a new year’s set…
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    Dangerous Drugs & Medical Devices

  • FDA: AndroGel, Low-T Drugs Must Warn for Heart Attack

    Jared Fink
    4 Mar 2015 | 11:13 am
    On Tuesday March 3rd, the United States Food and Drug Administration required that manufacturers of testosterone supplements (or, Low-T drugs)  include warnings on packaging for the increased risk for heart attack and stroke linked to these drugs. In years past, a great many peer-reviewed scientific studies had demonstrated that men using Low-T drugs were at dramatically higher risk for heart attack and stroke.  Finally, this work has led the FDA to require a warning label update. Further, labels for Low-T drugs are now required to include warnings that the medication is approved only for…
  • Actos Manufacturer to Pay Millions in Cancer Lawsuit Settlement

    Jared Fink
    17 Feb 2015 | 12:10 pm
    Last week, the pharmaceutical company, Takeda, was ordered to pay $1.3 million in punitive damages to a former Philadelphia schoolteacher who “argued the drugmaker’s Actos diabetes medicine caused his bladder cancer”, Japan Times writes. Only a few days earlier, that man was awarded over $2.3 million in compensatory damages. According to that Japan Times article, this was the “fifth Actos patient to convince a jury that Takeda’s former top-selling drug causes bladder cancer. Last year, a federal jury in Louisiana ordered Takeda and Eli Lilly & Co., which at one time sold Actos…
  • 2012 – 50% of IVC Filters Fail

    Jared Fink
    27 Jan 2015 | 7:48 am
    In 2012 the Journal of the American Medical Association published an article titled “Frequent Fracture of TrapEase Inferior Vena Cava Filters,” providing further insight into one serious side effect related to the use of IVC filters. Inferior vena cava (IVC) filters are small metal filters placed within the vena cava vein used to trap blood clots, stopping them from reaching the lungs, where potentially fatal pulmonary embolism may result. Dr. Masaki Sano led a team of researchers from the Hamamatsu School of Medicine (Hamamatsu, Japan) and studied 20 IVC filter patients, following up…
  • IVC Filters: 86% Exhibit Serious Side Effects

    Jared Fink
    26 Jan 2015 | 6:21 am
    In 2012, a team of researchers from the Department of Radiology and Biomedical Imaging at the University of California, San Francisco published an article that illustrated some serious risks associated with the use of IVC filters. Inferior vena cava filters are small metal filters inserted into the inferior vena cava vein, used in patients with deep vein thrombosis (DVT) to mechanically catch blood clots before they can reach the lungs and cause in pulmonary embolism.  Sometimes, these filters are implanted permanently, and sometimes IVC filters are implanted for a limited time, ranging from…
  • Doctors urge blood testing with Xarelto, despite Bayer’s claim it’s unnecessary

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

  • Starting a Podcast? Here’s What to Buy.

    Sam Glover
    27 Mar 2015 | 9:54 am
    When I was trying to figure out what kind of equipment we needed to start podcasting, I was frustrated by the lack of a good just-get-this-stuff list so I didn’t have to research what to get, buy it, realize it’s the wrong thing, then buy something else. Fortunately that only happened a couple of times. To save you the same frustrating experience, here is my just-get-this-stuff list, which is also what we are using right now to record the Lawyerist Podcast. Equipment Blue Snowball. You can get better USB microphones (like the Blue Yeti, for example), but the Snowball delivers good…
  • How to Prepare for Oral Argument

    Sam Glover
    27 Mar 2015 | 4:12 am
    Oral argument is one of the most exciting parts of litigation, and only a few lawyers are really good at it. But even if you aren’t a naturally-talented presenter, you can still improve. The important thing is to get away from your outline and use a more “modular” approach to oral argument. Many lawyers — especially those new to law practice — prepare for oral argument the same way, by creating an outline and rehearsing as they would for a speech. They may prepare for questions by talking through the issues with a colleague, but this does not usually result in…
  • These Lawyers’ Bio Photos Make You Look Like You’re Standing Still

    Sam Glover
    26 Mar 2015 | 4:22 pm
    The lawyers at Levitt & Grosman sure are animated. Literally. (h/t Sam Harden)
  • Guided .1 Hour Meditations for Lawyers

    Jeena Cho
    26 Mar 2015 | 9:36 am
    Think you don’t have time to meditate? How about trying it for just .1 hour? Just don’t ask if you can bill your clients for it.
  • 10 Steps to Add Meditation to Your Law Practice

    Jeena Cho
    26 Mar 2015 | 4:12 am
    Meditation is one of the most powerful habits you can cultivate. It will help you manage your stress, reduce blood pressure, and help you respond appropriately to difficult situations For lawyers, meditation can also help you keep a cool head in contentious situations. It will give you the ability to see your client’s case with a broader perspective instead of digging in your heels. You’ll learn more about your boundaries, and you’ll better manage your energy and time. But meditation isn’t something you can do sporadically to reap the rewards. It requires persistent effort (just like…
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    New York Personal Injury Law Blog

  • Subway Gunfights and Other Distractions

    Eric Turkewitz
    23 Mar 2015 | 4:21 am
    Ever been in a crowded subway car when a gunfight broke out? I have. It’s not a fun altercation. That incident from 20 years ago popped back into my brain when someone was shot and killed in the NYC subway system recently. Apparently some strangers exchanged words, and then blammo. (That’s the short version. Fuller version Scott Greenfield.) My experience with a gunfight occurred on an uptown Seventh Ave. express heading into Penn Station. At rush hour. Two guys started pushing each other, about 10 feet away from me. There were a few people between me and the scufflers, but in…
  • Another Defense Orthopedist Slammed By Judge

    Eric Turkewitz
    16 Mar 2015 | 7:43 am
    You remember, dear reader, that one of my concerns about the fair administration of justice in personal injury cases here in New York is the fact that defense doctors are often less than candid in the independent medical-legal exams that they do? Dr. Robert Israel was sanctioned by the state. Dr. Michael Katz excoriated by Justice Duane Hart. One doctor decided that what’s “normal” is what the insurance carrier tells him. Another reveals how to leave out of the reports things that may be beneficial to the plaintiff. And I uncovered in my own investigation a bevy of…
  • The Fainting Lawyer and the Stress of the Courtroom Well

    Eric Turkewitz
    10 Mar 2015 | 5:47 am
    Hans Poppe, Louisville, KY Almost two years ago I wrote of the lawyer who fainted dead away on the 10th day of a medical malpractice trial, where he was representing the patient. And the defendant doctor he’d sued then rushed forward to assist him. The story even had video. The lawyer, Hans Poppe of Louisville, KY, was at the bench discussing the defendant’s motion for a mistrial when it happened. Poppe, it seemed, had inadvertently played an unedited version of a deposition that had a verboten discussion of medical malpractice liability insurance in it, instead of the edited…
  • Trips and Falls and Expectations (updated)

    Eric Turkewitz
    25 Feb 2015 | 8:57 am
    A trip and fall case invariably runs into a problem: Either the surface defect is so big that the defense claims it is “open and obvious” or it is so small that it is claimed to be de minimus and therefore not actionable. In the eyes of a defendant, either one defense or the other (or both) will be asserted. And many jurors will accept one of those arguments. But here is the problem, which this 2012 video below makes abundantly clear: Trips (or slips) on stairs and sidewalks and such are governed by the expectations of the pedestrian. We simply don’t walk the same way on…
  • Allstate Adjuster Likely Wants Her Snark Back

    Eric Turkewitz
    11 Feb 2015 | 9:08 am
    Don’t those nice Allstate hands look so friendly? A snarky email from an Allstate adjuster may cost the company $900,000. Here’s the story. By most anyone’s definition, 66-year-old Carol Haberman’s experience while walking her dog can be a horrible, life-altering one. Newspaper deliveryman James Burke backed out of a driveway at night while making a 3-point turn and ran her over. Realizing something happened, he pulled forward, likely running her over again. The result? A complex left hip fracture requiring a total hip replacement, a lumbar compression fracture and…
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    UNWASHED ADVOCATE

  • Free Advice Du Jour: If The Call Starts With This, Hang Up Immediately

    Eric
    9 Mar 2015 | 1:52 pm
    This is something not taught in law school. Ask any experienced lawyer. It is possible to detect the nature of a cold-call to your office within the first 20 seconds. Here’s an example. “I was hoping you could just tell me how to (specific legal action*).” *The specific legal function may be as simple as drafting a basic will, but it could be as involved as defending against multiple felony charges. This person has no plan to hire an attorney. They will not spend $20 for legal representation any more than they would spend $20,000. The key word is “just.” Go back…
  • Ranger Qualified vs. Army Ranger

    Eric
    2 Mar 2015 | 12:41 pm
    Ranger Tab. Most people who have earned this are not Army Rangers. People are so excited about the possibility of a female soldier attending the US Army Ranger School that they are completely screwing up the facts. Let me straighten this out, once and for all. Here’s the latest in screwed up journalism on this newsworthy event, courtesy of the Colorado Springs Gazette. A Fort Carson lieutenant could become the first female Ranger, the Army said on its website. The woman, whose name wasn’t released, is a Fort Carson helicopter pilot and the only woman of 17 who attempted to…
  • Today’s Legal Deathmatch: Bellerophon Jami Tillotson vs. Chimera Police Inspector Brian Stansbury

    Eric
    28 Jan 2015 | 6:34 pm
    Today’s hero of UA probably never wanted the spotlight, as she quietly and professional performed her duties today as a Public Defender in San Francisco. However, she has it, and it’s a good thing. In short, thank you, Jami Tillotson. You responded perfectly in every way. You have our respect. Permanently. You’re a hero. Of course, for every Bellerophon, there must be a Chimera. That honor goes to POS Police Inspector Brian Stansbury, who directed that Jami be arrested because she acted to protect her client’s rights. He cited “resisting arrest” as…
  • Trigger Warning Episode 3: Full-Frontal Podcast

    Eric
    26 Jan 2015 | 5:19 pm
    Looking for something to do on your snow day? The Trigger Warning Podcast: One Big Steaming Pile of Law Of course you are. Check out the latest Trigger Warning Podcast by Daniel and Eric. It features a full-frontal performances by both. As we continue to tweak the format, this week we go with a free-wheeling and minimally-edited format. For those of you who have been keeping up with the episodes, drop me a note and let me know what you like, don’t like, hate, and loathe. We’re constantly seeking ways to improve, amuse, and disgust. In the future, we’ll be adding a few…
  • Mailbag: Soliciting Creative Responses

    Eric
    11 Jan 2015 | 6:45 pm
    Let’s reach into the mailbag: Dear Eric: I have a solo practice, and that means that I answer my own phone on most days. Something has been happening on a regular basis that really makes me angry. I’ll answer the phone, and a potential client will begin to tell me about his/her case. They usually want to tell a long story, but I always try to focus them on what I need to know in order to provide them with a good estimate of legal fees. Most of the time, after hearing my fee, they either try to milk the conversation for as much info as I will give them, or they exit the call.
 
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    Planning Notes

  • The Achieving A Better Life Experience (ABLE) Act

    25 Mar 2015 | 5:15 pm
    Late last year President Obama signed the Achieving A Better Life Experience ("ABLE") Act into law. In essence, the ABLE Act can allow individuals with qualifying disabilities or their families to set aside funds for education, housing and other needs without affecting eligibility for Medicaid or SSI, similar to a special needs trust, but without needing to form a special needs trust. The ABLE Act is modeled after Section 529 college savings accounts that allow families to contribute money for qualifying college expenses, which contributions can grow tax-free in the account. Although this is…
  • Facebook & Estate Planning

    13 Feb 2015 | 8:00 am
    Facebook recently announced a limited digital estate planning functionality, called Facebook Legacy Contacts, associated with Facebook accounts: Today we’re introducing a new feature that lets people choose a legacy contact—a family member or friend who can manage their account when they pass away. Once someone lets us know that a person has passed away, we will memorialize the account and the legacy contact will be able to: Write a post to display at the top of the memorialized Timeline (for example, to announce a memorial service or share a special message) Respond to new friend…
  • Selling a Business: Stock Sale v. Asset Sale

    5 Jan 2015 | 1:53 pm
    When a business is sold, the actual sale often occurs via one of two forms, either as a stock sale or as an asset sale. In general, sellers often prefer stock sales while buyers often prefer asset sales. Although the considerations associated with the sale of businesses vary substantially from one transaction to another, two of the most important and common considerations are: taxation and liability. Stock Sale A stock sale is often the simplest way to sell a business, technically. In a stock sale, the owner or owners of a business simply sell their shares of stock – in cases of…
  • 2014 Tax Extender Bill Passed By Congress

    17 Dec 2014 | 8:38 am
    President Obama signed the tax extender bill, discussed below, into law on December, 19, 2014. Kelly Phillips Erb, writing for Forbes: With just over two weeks left in the 2014 calendar year, the Senate finally made up its mind about the tax extenders bill. The bill, which extends the life of a number of tax breaks through 2014, passed the Senate 76 to 16. Only 60 votes were needed for approval. The bill, however, is only effective for the year 2104 — it retroactively extends provisions that expired at the begining of this year — but does not extend the provisions for the year…
  • What Is A Business Plan?

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

  • Legal and Financial Ramifications of Germanwing Plane Crash

    Le Trinh, Esq.
    28 Mar 2015 | 9:01 am
    After the shock of hearing about yet another airplane crash sinks in, many people start to wonder, "Who is responsible?" Germanwings flight 9525 was flying from Barcelona to Dusseldorf when it crashed into the French Alps. There were 144 passengers and 6 crew members onboard. Nobody survived the crash. What happened? Why did this happen? After retrieving the plane's black box, investigators believe that the plane's co-pilot, Andreas Lubitz, locked himself in the cockpit alone and deliberately flew the plane into the mountainside. Despite the many questions still unanswered by the…
  • Firm Not Guilty of Gender Bias in Ellen Pao Sexual Harassment Lawsuit

    Christopher Coble, Esq.
    27 Mar 2015 | 3:45 pm
    A jury in an infamous Silicon Valley sexual harassment case issued a partial verdict on Friday, clearing the venture capital firm Kleiner, Perkins, Caufield and Byers of gender discrimination. Ellen Pao, a former female partner at the firm, had claimed that she was not promoted because of her gender and that her working environment was hostile to women. Pao also claimed the firm retaliated against her after she filed her suit against in 2012. The jury has yet to come to a consensus on the retaliation claim. Sex in Silicon Valley Pao's lawsuit laid bare the situation of female executives in…
  • Can I Put Whatever I Want on My License Plate?

    Christopher Coble, Esq.
    27 Mar 2015 | 12:45 pm
    With the Supreme Court trying to decide whether Texas has to allow a Confederate flag on some of its license plates, it got us to wondering -- what exactly can we put on our license plates? After all, we're paying for the plate, and it's going on our car. Can't we just put anything we want on our license plate? Then again, it's an official plate, issued by the state and with the state flag emblazoned on it. Can the government limit what kinds of things we can say with our license plates? As it turns out, quite a few cases have popped up recently regarding free speech on the open road ...
  • What Is The Difference Between a Lease and a License?

    Le Trinh, Esq.
    27 Mar 2015 | 11:01 am
    What is the difference between a lease and a license? They may sound like the same thing, and you may have heard the terms used interchangeably. However, a lease and a license are two separate legal concepts that offer different rights and duties. A lease is an agreement between a landlord and a tenant that gives the tenant an exclusive interest in a property. A license is permission from the owner to a licensee to do something on the owner's property. As with all things law related, the distinction is never so simple. To determine the difference between a license and a lease, we look at:…
  • Are Reserved Parking Spots Enforceable?

    Christopher Coble, Esq.
    26 Mar 2015 | 3:09 pm
    We've all had that experience of finally finding a parking spot and pulling in, only to see that dreaded sign: "RESERVED." And we've all had that next thought -- what would actually happen if I parked here anyway? It seems like a risky proposition, so let's see if those reserved parking spots are enforceable. Public Versus Private We all know to avoid red curbs and to pay up on parking tickets issued by municipal authorities. But the majority of reserved parking spaces are in private parking garages or otherwise on private property. And while enforcement of public parking violations is…
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    But I do have a law degree...

  • To London and Back

    But I Do Have a Law Degree
    11 Mar 2015 | 6:23 pm
    I went to London this past weekend.About fifteen years ago, when I lived in London, a weekend trip abroad wouldn't have been that out of the ordinary.  Travel back then was easy, frequent, and carefree.  It was what I loved most in the world, in fact.Now, life is very different.  And so am I.As a mom of three, travel is complicated, whether with or without kids.  Since this trip, precipitated by a conference my husband was attending, was going to be without kids, the childcare factor was the issue of the day.  And who knew that once we had that third child people…
  • Five Netflix Documentaries That Make You Question Humanity

    But I Do Have a Law Degree
    27 Feb 2015 | 10:18 am
    I know lists such as these are usually of the feel good type.  Aka, most romantic movies on Netflix, best movies to watch with your family over the holidays, best shows for kids, etc.  I've read such lists.  I've used such lists.  I've even written such lists. But lately I've watched some really effed up stuff on Netflix that has made me (a la the title of this post) question humanity.  In the sense that the documentary credits roll, and I think to myself, What is wrong with people?  The whole thing has me reflective in a weird way as I'm driving to do my…
  • The Worst Time of Day. Everyday.

    But I Do Have a Law Degree
    19 Feb 2015 | 9:57 am
    I didn't learn how to make pasta until my senior year in college.  And the first time I did, I was absolutely petrified to use the burner. That's how much I know about cooking.  This has never really posed a problem.  As a student, I used the dining halls, and became an expert in take out food.  As a young lawyer, I worked late and ordered in most nights (on the client's dime, of course).   On the weekends, I dined out and became a self proclaimed "foodie" (whatever that means).    And, lucky for me, my husband loves to cook.  I was always happy to…
  • Six Years in the Making

    But I Do Have a Law Degree
    8 Feb 2015 | 6:56 pm
    The only time in my life that I regularly went to the gym was during my 18 month stint as an attorney at Skadden in New York.  Say what you want about Skadden, but it has a great gym, that happens to be onsite, complete with uniforms, classes, and trainers.  I would go almost every day, not so much to lose weight or get in shape, but to regain my sanity.  The gym served as my refuge whenever I needed a mental break.  I generally went in the early afternoon, and would then return to my desk to continue work and order dinner. Then I left New York and moved to DC and started…
  • Doggy on the TV (and Netflix)

    But I Do Have a Law Degree
    30 Jan 2015 | 6:48 pm
    We have a dog named Couscous.  I mean it when I say she is the most annoying dog ever.  She barks incessantly at anything that passes by our house (cars, birds, people, leaves).  She jumps all over anyone that dare enter our home.  She eats the kids' food off of the table and she chews up furniture and she once brought fleas into our house and I've never forgiven her for it. But she does have one cool trick.  She watches TV.  I mean, actually watches it.  When an animal comes on the screen, she gets all excited, and true, to form, barks at it.  My…
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    Profit and Laws

  • What You’ve Heard About Net Neutrality is Wrong

    Coco
    24 Mar 2015 | 8:15 am
    Forget everything you’ve heard about Net Neutrality. Net Neutrality is not about content, it’s about poles. Your city is so dotted with utility poles you probably even don’t notice them. Those poles are the real reason why the FCC needed to change the rules around the Internet. To understand why, you have to know three […] The post What You’ve Heard About Net Neutrality is Wrong appeared first on Profit and Laws.
  • Net Neutrality Summary: What the FCC Did

    Coco
    24 Mar 2015 | 8:14 am
    Net Neutrality has many definitions floating through the ether. For starters, though, here is our take on what the FCC did. If you want the quick and dirty, below is a bare summary of the rules, or you can read all 400 pages here. Included mobile broadband in the category of regulated Internet services. Removed […] The post Net Neutrality Summary: What the FCC Did appeared first on Profit and Laws.
  • The Secret of Life

    Phil Fahim
    20 Mar 2015 | 10:34 am
    The secret of life is so simple that most of us disregard it because we fear it will make us look naive. The consequences of the secret are so complex that they get denied and derided. Businesses operate like it’s not true. Politicians talk and vote in an upside down universe where the secret is […] The post The Secret of Life appeared first on Profit and Laws.
  • “Injustice anywhere is a threat to justice everywhere.” – MLK

    Coco
    5 Mar 2015 | 12:10 pm
    Yet Another Victory for the 1% For 10 years, New Jersey has fought – and won – a lawsuit against Exxon Mobil for dumping refinery garbage into New Jersey’s land and water. New Jersey’s environmental protection agency said it would take $2.6 billion just to clean up the sludge and muck and that it had […] The post “Injustice anywhere is a threat to justice everywhere.” – MLK appeared first on Profit and Laws.
  • For Some, Money is More Important than People

    Coco
    5 Mar 2015 | 12:06 pm
    Making Money from Mass Incarceration Please understand this: there is a whole business model where people denounce taxes and government, and then simultaneously make millions on government contracts. So, the question is never how much government should spend, because government will always spend a lot. The question is, who gets to participate in opportunities funded […] The post For Some, Money is More Important than People appeared first on Profit and Laws.
 
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    Virginia Workplace Law

  • Another Exception to Employment At-Will

    Phyllis Katz
    3 Mar 2015 | 1:32 pm
    Virginia is known as a stalwart adherent to the doctrine of employment at-will.  The courts in Virginia have long recognized that the employment relationship is for an indefinite term and may be terminated for any reason or no reason, at any time, with or without cause or notice.  This right, known as employment at-will, can be contracted away by the parties; both oral and written contracts are recognized in Virginia. Absent a contractual restriction or a right to continued employment established under statutory law (e.g. job protected absences under the Family and Medical Leave Act or…
  • Updated OSHA Reporting and Recordkeeping Rule: What Employers Need to Know

    Nicole Cheuk
    26 Jan 2015 | 1:16 pm
    As of January 1, 2015, the Occupational Safety and Health Administration’s (“OSHA”) updated recordkeeping and reporting rule went into effect. The recordkeeping rule changed in two key ways: (1) the rule updated the industries that are exempt (and not exempt) from the requirement to keep injury and illness records; and (2) the rule expanded the list of severe work-related injuries and illnesses that all covered employers must report to OSHA. Industries now exempt from the requirement to keep injury and illness records include gas stations, clothing stores, newspaper…
  • White Collars Tighten: Forecasting Changes to Overtime Qualification Rules

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

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

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

  • Episode 15 of the Class Re-Action Podcast is now available

    H. Scott Leviant
    2 Mar 2015 | 10:27 am
    We are up to Episode 15 of the Class Re-Action Podcast, available here.  In case you missed the explanation previously, shows will now run between 30 and 45 minutes, due to changes in MCLE requirements.  I'm working on blanket provider status so that each show will qualify as MCLE.  However, nobody wants reading material as homework, so we are going to stay under an hour an avoid that added complication.
  • Article III federal judge takes prosecutor to task for lying in court

    H. Scott Leviant
    4 Feb 2015 | 9:54 pm
    In an article from December 2014, Sidney Powell offers a colorful description of a proceeding in which a federal judge excoriated a federal prosecutor for lying in his courtroom.  Sidney Powell, Judge Kevin Thomas Duffy Blasts Federal Prosecutor For Lying in Court (December 16, 2014) observer.com.  Sidney Powell worked in the Department of Justice for 10 years and was lead counsel in more than 500 federal appeals. She is the author ofLicensed to Lie: Exposing Corruption in the Department of Justice.  Sadly, these sorts of abused of power appear to be increasing in frequency (or…
  • Percentage of the fund is still an approved method of awarding fees in California class actions

    H. Scott Leviant
    15 Dec 2014 | 12:36 pm
    Funny timing on this one.  In Episode 14 of the Class Re-Action podcast, our discussion turned at one point to fee awards in class actions.  We briefly mentioned Laffitte v. Robert Half International, Inc. (November 21, 2014), but didn't dive under the hood.  But now that I've had a chance to read it, I see that a postscript to the podcast is in order.  In Laffitte, the Court of Appeal (Second Appellate District, Division Seven) considered an appeal by an objector to a class action settlement.  One issue the Court touched on was the propriety of using a percentage of…
  • Episode 14 of the Class Re-Action Podcast is now available

    H. Scott Leviant
    15 Dec 2014 | 11:58 am
    Episode 14 of the Class Re-Action podcast is finally up.  We recorded the episode a week ago, but a cold did me in right after the show, and I couldn't get a passable intro recorded until today.  This episode is our version of the year in review. The guests are Hon. Carl J. West (Ret.) of JAMS and Lynn Frank of Frank & Feder, and we discuss the impact of decisions issued in 2014 on mediation in the class action and complex litigation settings.
  • Bruce Conrad Fishelman

    H. Scott Leviant
    26 Nov 2014 | 10:54 pm
    I received news earlier today that attorney Bruce C. Fishelman died on November 25, 2014 of a heart attack (this is one of those times that I'd be glad to have my facts wrong).  My condolences to his family.  Bruce was a partner at the first law firm to employ me.  Many years later, he was a co-sponsor of my application for admission to the bar of the United States Supreme Court. Beneath his gruff exterior was a person who cared deeply about the well-being of others. Sad to say that I won't be pocket dialing Bruce anymore.
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    Law Firm Newswire » Legal News

  • Houston Attorney Stewart J. Guss Selected as one of Nation’s Top One Percent of Attorneys by the NADC

    Chris Dreyer
    27 Mar 2015 | 3:00 am
    Stewart Guss Houston, TX (Law Firm Newswire) March 27, 2015 - The National Association of Distinguished Counsel (NADC) has selected Houston lawyer Stewart J. Guss as one of the Nation's Top One Percent of attorneys and has invited him to join the roster of respected NADC members. This is a top-tier professional honor and ranks Mr. Guss among some of the most prominent lawyers in the entire United States. The NADC is an exclusive professional organization that seeks to recognize the highest standards of legal excellence across the country. It strives to objectively identify attorneys who can…
  • Daughter of Woman Allegedly Injured in Nursing Home Files Lawsuit, Advocates for Camera Monitoring

    LFN Editor 102KS31
    26 Mar 2015 | 3:00 am
    //www.youtube.com/watch?v=HKUyVd6LYy4 Chicago, IL (Law Firm Newswire) March 26, 2015 – The daughter of a woman who was allegedly injured in a fall in a nursing home has filed a lawsuit. Lisa Lopez filed the suit against Concord Nursing and Rehab Center, now called Aperion Care Oak Lawn. Lopez said that she had notified the facility that her mother needed to be kept in a wheelchair, but that the facility did not do so. Lopez said that without video of the incident, she would not have known what caused her mother's injury. She supports video monitoring in nursing homes. “Video monitoring in…
  • Five Arrested in Raid of Alleged Pill Mill in Florida

    LFN Editor 102KS31
    26 Mar 2015 | 3:00 am
    Tampa, FL (Law Firm Newswire) March 26, 2015 - In February 2015, a Florida pain clinic was raided by several law enforcement agencies, and five people were arrested. Authorities said that evidence indicated that the clinic was operating as an illegal pill mill. Evidence was seized from the Winter Park Pain and Wellness Clinic; owner Eric Emerson, Dr. Roland Brutus and three staff members were arrested. “If the allegations are borne out by the evidence, then the law enforcement agencies and officers are to be commended for shutting down this pill mill,” said Robert Joyce, a Tampa…
  • Decision Imminent for Annual Stewart J. Guss College Scholarship Award Recipient

    Chris Dreyer
    25 Mar 2015 | 3:00 am
    Stewart Guss Houston, TX (Law Firm Newswire) March 25, 2015 - A decision determining the winner and recipient of the annual Stewart J. Guss College Scholarship award is expected to be made April 1st, according to scholarship information posted on the law firm’s website. The recipient of the scholarship award receives the proceeds to help with educational costs attending a United States college or university. In order to apply for the scholarship, applicants were required to submit an essay of approximately 1000 words answering the question “What law would you change and why?” by March…
  • NEW LIVE OR ON-DEMAND ONLINE COURSES DEVELOP HUMAN RESOURCES AND TECHNOLOGY SKILLS FOR LEADERS IN BUSINESS OF LAW

    LFN Editor 102KS31
    25 Mar 2015 | 3:00 am
    Chicago, IL (Law Firm Newswire) March 25, 2015 - The Association of Legal Administrators (ALA) has opened enrollment for two new eLearning courses focusing on the Human Resources and Operations Management/IT subject areas. These newly developed curricula offer dynamic and fresh ideas that align with trends in the legal industry regarding Performance Management & Compensation and Technology & Facilities Management. Those who wish to earn Certified Legal Manager (CLM) educational credits may do so through these innovative online sessions. The business of law is changing every day, and…
 
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    The L•E•Jer

  • DOL Issues Final Rule: “Place of Celebration” Rule Now Controls for FMLA Definition of “Spouse”

    Hofstra Labor &#38; Employment Law Journal
    26 Mar 2015 | 6:59 am
    by Sarah B. Wheeler Immediately following the Supreme Court’s decision in U.S. v. Windsor,[1] the Department of Labor (“DOL”) indicated that the Family and Medical Leave Act (“FMLA”)[2] would, from that day forward, be inclusive of employees who requested leave to care for a same-sex spouse, parent of that same-sex spouse, or other related family […]
  • How Many “Heil Hitlers” Does It Take to Claim Title VII?

    Hofstra Labor &#38; Employment Law Journal
    23 Mar 2015 | 6:59 am
    by Melissa Tsynman A recent judgment by the Fifth Circuit Court of Appeals stirred up quite some controversy in the labor and employment world, and rightfully so.[1] Courtney Satterwhite, a former Assistant City Controller V for the City of Houston, was demoted two pay grades after reporting his supervisor for using the phrase “Heil Hitler” […]
  • To Give or Not to Give Tenure (to Teachers)…That is the Question?

    Hofstra Labor &#38; Employment Law Journal
    19 Mar 2015 | 6:59 am
    by Amy Pimer Anyone who has ever been through the public school system knows that the quality of teachers ranges from inspiring to abysmal. There are teachers who bring out the best in their students and always put in the extra mile, while there are others who get away with the most ridiculous things. A […]
  • Don’t Touch Me or I’ll Sue: Another Huge Win for Unpaid Interns

    Hofstra Labor &#38; Employment Law Journal
    16 Mar 2015 | 6:59 am
    by Tania V. Parker Internships are gaining increasing recognition for their role in the current job market. While employers and the judicial system are trying to figure out whether or not interns can be classified as employees, some state legislatures have taken a bold step by granting unpaid interns some of the statutory protections offered […]
  • Welcome to McDonald’s Can I Take Your Order?

    Hofstra Labor &#38; Employment Law Journal
    12 Mar 2015 | 7:59 am
    by Brian Idehen The golden arches of the McDonald’s logo have been an American staple since the first location opened in Illinois in 1955.[1] Now a global entity,[2] a traveler is able to pick up McDonald’s food in over 100 countries.[3] With great power however, comes great responsibility. McDonald’s expansion has been of great financial […]
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    My Distribution Law

  • Sixth Circuit Applies Cost Screen to Tying by Differential Pricing

    Howard Ullman
    26 Mar 2015 | 10:25 am
    Eastman Kodak model B (Photo credit: Wikipedia) In Collins Inkjet Corp. v. Eastman Kodak Co., No. 14-3306 (6th Cir. March 16, 2015), the U.S. Court of Appeals for the Sixth Circuit held that differential pricing – charging more for one product when the customer does not also purchase a second product – can constitute an unlawful tying arrangement only when the price differential in effect discounts the second product below the seller’s cost. Eastman Kodak sells refurbished printer components for industrial printers. It also sells ink. Its competitor, Collins, competes for the sale of…
  • Return of Robinson-Patman Act and Resale Price Maintenance Litigation?

    Howard Ullman
    20 Mar 2015 | 10:38 am
    A quick note on a few recent developments suggesting that RP and RPM litigation is not yet dead. First, on February 2, 2015, a court refused to dismiss claims against Clorox arising from its refusal to sell a small regional grocery chain the same large packs of products as Clorox sells to big box retailers. Clorox didn’t refuse to sell the smaller retailer products – it simply didn’t sell it the same large packs, which have a lower per unit cost. The court held that the practice might violate Section 2(e) of the Robinson-Patman Act, which prohibits discrimination in the furnishing of…
  • San Jose Strikes Out in Baseball Antitrust Challenge

    Howard Ullman
    9 Feb 2015 | 10:37 am
    (Photo credit: Wikipedia) “Baseball? It’s just a game — as simple as a ball and a bat. Yet, as complex as the American spirit it symbolizes. It’s a sport, business — and sometimes even religion.” Ernie Harwell, “The Game for All America,” 1955. In City of San Jose v. Office of the Commissioner of Baseball, Case No. 14-15139 (9th Cir. Jan 15, 2015), the United States Court of Appeals for the Ninth Circuit applied the judge-made antitrust exemption for baseball to bar a challenge by the City of San Jose, California to a rule adopted by Major League Baseball (“MLB”)…
  • Can the State Seek Restitution After a Class Action Settlement?

    Howard Ullman
    9 Jan 2015 | 12:34 pm
    In The People of the State of California v. IntelliGender, LLC, 771 F.3d 1169 (9th Cir. Nov. 7, 2014) (Wardlaw, J.), the Ninth Circuit said the answer is “no.”  A federal court had approved a class action settlement involving false advertising and unfair competition claims that, among other things, awarded $10 per approved claim.  Subsequently, the California Attorney General’s Office San Diego City Attorney(*) brought its own Section 17200 suit challenging the same practices and seeking civil penalties and injunctive relief as well as restitution under its parens patriae…
  • Motorola’s FTAIA Quest Ends With a Whimper in the Seventh Circuit

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

  • Nuts and Bolts of Getting and Giving Referrals

    Mary Lokensgard
    30 Mar 2015 | 3:00 am
    You’ve invested time and energy in creating a referral network, but building the network wasn’t an end in itself (see “Part 1: Get More Good Referalls for Your Law Practice“). The goal is getting and giving the referrals you need to sustain and grow your practice. So, when the calls start coming in, what do you do? And how can you make good referrals for your own clients? Rules and Boundaries: Four Things Getting and giving referrals is governed by two sets of rules: good manners and professional ethics. We’ve been trained since law school to mind our ethics, so that’s…
  • Tech Tips: Best Note-Taking Apps and Tactics

    The Editors
    27 Mar 2015 | 3:13 am
    For our new Friday Five+ Tech Tips, we’ve invited a dream team of law practice technology experts to tell us their best advice for tackling the everyday tech quandaries that plague us all, to help your practice run just a bit more smoothly. The first question: “What’s your favorite tech tip for taking notes in meetings — and using them once you’ve written, typed or recorded them?” Here are this month’s top tips and note-taking apps from the experts. Lee Rosen: Listen First, Take Notes Second Following this tip in client meetings might mean not even…
  • When You Find Yourself in a Hole

    Otto Sorts
    26 Mar 2015 | 6:00 am
    “I don’t know what to do!” he cried. “Now we’re forming committees to make decisions.” I had listened to his travails for the last year as his firm slowly moldered and law firm management chased its tail. Morale was bad, profits had slipped down over time, senior partners had become unhappy with their compensation, and the firm’s reputation had taken a couple of hits. “Worst of all,” he lamented, “they hired a new consultant that has us rebranding, changing the letterhead and arguing about website features. They’re looking for rainmakers in markets…
  • Getting Real: Four Social Media Lessons

    Gabriel Cheong
    25 Mar 2015 | 3:00 am
    Gabriel Cheong started his own law firm straight out of law school. One year later he purchased the law firm where he once interned. Now Gabriel runs Infinity Law Group while blogging, tweeting and marketing his firm. He’ll be one of four speakers participating in this year’s “Lightening Round: Avvo Success Stories” May 13 at Lawyernomics 2015. We asked him to share some hard-earned lessons he’s learned using social media for his family law practice. Unless you’re willing — and financially able — to employ someone to coordinate all of your law…
  • Five Tips for Running a Lean Law Practice

    Asaf Cidon
    24 Mar 2015 | 3:00 am
    We’ve all seen how technology can help level the playing field, allowing smaller firms and solos to compete with larger rivals and scale quickly to meet clients’ needs. That’s good news for small firms and clients alike. But just because a firm is small doesn’t make it lean — or mighty. Too many lawyers stick with the old ways of doing things simply because it’s familiar. Here are tips for running a lean law practice, rethinking how you can provide the most value to your clients in the most productive way. 1. Focus on the practice of law — not on IT. Of course, you’re…
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    BullsEye Blog

  • A Corporation as an Expert Witness?

    21 Mar 2015 | 9:41 pm
    The Delaware Chancery Court recently addressed a novel question that bordered on the metaphysical (or, perhaps more appropriately, the absurd): May a party designate a corporation to serve as an expert witness? Continue reading to learn how the court handled this peculiar expert witness request.
  • Sabotage or Slip-Up? Judge To Reconsider $1M Sanction for Expert’s Error

    16 Mar 2015 | 11:22 am
    In a hearing last month, a Philadelphia judge ruled a million-dollar sanction against attorney Nancy K. Raynor. Now, a courtroom technology consultant has come forward after trial to claim that he heard the attorney attempt to stop her expert from offering the banned testimony, the situation which led to the massive sanction. Will this new testimony be enough to cause the judge to reconsider the fine? Continue reading to learn more about this case.
  • RMBS Expert Partially Nixed by Court

    10 Mar 2015 | 1:41 am
    In the case of FHFA v. Nomura Holding America, Inc. the District Court for the Southern District of New York ruled on the motion to exclude expert testimony of an RMBS expert. The Defendants brought irrelevant testimony from the expert to the court in hopes of swaying the decision in their favor. Continue reading to learn of the court's decision in this matter and the implications this type of behavior can have on the outcome of a case.
  • Expert Faces Perjury, Possible Prison for Lying About Résumé

    3 Mar 2015 | 12:55 am
    In the course of a case, opposing counsel and the opposition’s own experts routinely investigate and interrogate expert witnesses about their credentials. So it’s surprising that some experts still try to get away with inflating their credentials. Continue reading to learn about one such case where in which a psychology professor portrayed herself as a licensed psychologist when she possessed no such certification.
  • Can “Sticks and Stones” Break Expert’s Credibility?

    22 Feb 2015 | 2:44 am
    Do you require that your experts be blemish free? Experts involved in today’s cases should expect to be challenged. In fact, motions to limit or completely exclude testimony are commonplace, but an expert’s past activity calls into question another issue regarding whether such activity crosses the line and becomes damaging to the expert’s future business.
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    Recent Blog Posts

  • 2014 Broke Auto Recall Records

    10 Mar 2015 | 3:35 pm
    The numbers are in and 2014 was a record-setting year in auto manufacturer recalls. Nearly 64 million cars were recalled last year, which smashes the previously held record in 2004, when the total was 30.8 million. That makes 2014 a benchmark year by more than a 50% margin. According to the New York Times, many of last year's recalls were initiated by the manufacturers themselves when they realized there was an issue with their vehicles after they went to market.The Times offers the following numbers: In 2014, there were 803 motor vehicle recalls. 680 of these recalls were initiated by…
  • Honda Receives Record Fine for Safety Failures

    3 Feb 2015 | 12:17 pm
    Last month, the Los Angeles Times reported that Honda received a $70 million fine from regulators at the National Highway Traffic Safety Administration. The fine—the maximum allowed by law—comes after an investigation determined the company failed to notify consumers and regulators about death and injuries involving their vehicles in a "timely manner". In the agency's ruling, half of the money—$35 million—will be dedicated to addressing Honda's consumer death and injury claims. At the end of 2014, Honda admitted there were approximately 1,729…
  • Is Your Car at Risk of Hacking?

    12 Jan 2015 | 12:19 pm
    If you've driven a new car recently, you've probably noticed that it came with a dizzying array of technological advances. Spoken commands, GPS, Bluetooth music and video, and much more can be found in almost every new vehicle. Not only that, but downloadable apps for commerce, traffic, and weather conditions are coming into play as well. And these are just extra features: everything from the brakes to the engine can have some kind of digital integration. Some cars can even drive and park themselves! Ultimately, we can hope that these advancements in car technology can lead to safer…
  • Cars Now Being Sold Without Spare Tires

    22 Dec 2014 | 2:37 pm
    You're driving down the road when suddenly, you feel that one of your tires has gone flat. While at first panicked, you breathe a sigh of relief, knowing that your car came with a spare tire. Unfortunately for some car buyers, this situation might play out a little differently. Recent reports have announced that many, if not all, car companies are choosing to forego the spare tire in place of an inflator kit. Out with the old and with the new, all in an effort to increase fuel efficiency and the mileage your car is getting out of each tank of gas. It certainly sounds effective.
  • Consumer Reports Reveals Problems with Common Cars

    5 Nov 2014 | 12:32 pm
    Consumer Reports, a company that seeks to inform consumers to make the best possible decision when buying goods, has recently released a review of the 2014 automobiles. The big three companies based out of Detroit - General Motors, Ford, and Chrysler - have scored in the bottom for small-car production. Detroit Automakers Fail to Make Safe Vehicles for Drivers Consumer Reports released its Annual Auto Reliability Survey, and the big Detroit car companies were unable to compete with other auto manufactures in developing reliable vehicles. These car companies have been honest with the public…
 
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    HoganWillig

  • Short Sales of Property On The Rise

    Robin Friedman
    26 Mar 2015 | 10:10 am
    Suppose you can’t  pay your mortgage, and you can’t sell your house because you owe more than it’s worth.  You’re in a real jam.   You can stay until the sheriff shows up with the move-out order.  Or, as more people are doing these days, you can try to escape your debt with a short […]
  • Couples: How To Manage Money Together

    Hogan Willig
    23 Mar 2015 | 8:13 am
    Yours, mine, and ours. These are some key words to think about when beginning or revisiting a conversation concerning money management with your partner. Some couples don’t put that much thought into the merging of finances – but that is a big mistake. Money can become a source of conflict and tension that can easily […]
  • What’s a Fixture vs. Removable Property?

    Robin Friedman
    19 Mar 2015 | 7:26 am
    From a legal standpoint, when equipment, decorations, or appliances become affixed or fastened to the real estate, it becomes a fixture and is supposed to be transferred as part of the sale, unless there is an agreement providing otherwise. What are some of the factors determining whether something is a fixture? Method of attachment. Is […]
  • Digital Asset Estate Plan

    Krystal Chapin
    16 Mar 2015 | 7:58 am
    A key facet of the 21st century estate planning that many people overlook is a digital estate plan. With our lives becoming more engrained in technology each day, it is important to protect these assets too! A solid digital estate plan will lay out your digital assets- both financial and social and help your family […]
  • Are You Ready For Spring?

    Krystal Chapin
    12 Mar 2015 | 7:44 am
    Believe it or not, spring is just around the corner. It can sneak up quickly, so make sure your home is prepared for the season to come with these helpful tips! Not only will you be proactive, but some of these tasks will give you a chance to get outside and enjoy the fresh air! […]
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    bLAWgical Thinking

  • #The3Llife: A Few Tips for the Next Crop of Bar Takers…

    BARBRI
    26 Mar 2015 | 8:55 am
    GUEST BLOG by Shaun Sanders, 3L at Chapman University’s Dale E. Fowler School of Law I recently registered for the bar and have learned a few things worth passing on to the next crop of 3L’s. First, the bar assigns seats sequentially based on when you sign up. This means that if your goal is to sit by your friends during the test, you have to make sure that you sign up at the same time. Usually this isn’t a problem, or so I’ve heard — but this year, California had a bit of a hiccup with getting its page up at midnight, which left a lot of us waiting until the wee hours of the…
  • #The2Llife: Should I Join a Journal?

    BARBRI
    25 Mar 2015 | 10:50 am
    GUEST BLOG Harrison Thorne, 2L at UCLA School of Law During 1L, I was not sure whether I wanted to join a journal. I had heard that the only thing staff members do is citations. I did not want to even look at a BlueBook after writing my memos. However, when I transferred, I immediately applied and got onto the Entertainment Law Review. I realized that journals are a community within a school, and membership is a great advantage. I became an Articles Editor, and fell in love with the job. My supervising Senior Articles Editor would send me law review articles selected for submission, and have…
  • #The1Llife: Ready, Set, Compete!

    BARBRI
    24 Mar 2015 | 3:02 pm
    GUEST BLOG By Lauren Rose, 1L at the University of Detroit Mercy People at law school are super competitive. Maybe it is in the water or whatever, but it seems that everyone is out for himself. I think that part of this has to do the with nature of law school. The fact that law schools rank their students from best to worst GPA adds fuel to the fire. I’ve also noticed that many people look for the worst in everything – from other students, to grades, to studying. It appears to me that this has something to do with the competitive design of American law schools. Interestingly enough,…
  • #The3Llife: Flexibility of a J.D.

    BARBRI
    19 Mar 2015 | 7:23 pm
    GUEST BLOG By Shaun Sanders, 3L at Chapman University’s Dale E. Fowler School of Law Me being employed as a third-year isn’t unique… or novel — but being employed in a non-legal field has drawn a lot of attention from students who are also not quite sure law is the right path for them. Like many, I was told that J.D.’s are the most flexible degrees on the market and, like many, I have wondered if there is any truth to this claim. My law school has a fantastic Career Service Office, but they, like other CSO’s, are dedicated to finding legal positions for law students (makes sense,…
  • #The2Llife: Using Spring Break Effectively

    BARBRI
    18 Mar 2015 | 1:22 pm
    GUEST BLOG Harrison Thorne, 2L at UCLA School of Law Most students are on spring break, or will be shortly. 1Ls probably just turned in memos, 2Ls are wrapping up interviews, journal assignments, and challenging coursework, and 3Ls are thinking about the Bar Exam. Most students I have spoken to are planning on sleeping for a week straight, watching TV, and/or going on vacation. And that is great. However, spring break can be a very useful way to catch up on work, plan ahead, and get ready for exams before exam-stress becomes a palpable phenomenon. I know that most students probably do not…
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    Attorney at Work

  • Nuts and Bolts of Getting and Giving Referrals

    Mary Lokensgard
    30 Mar 2015 | 3:00 am
    You’ve invested time and energy in creating a referral network, but building the network wasn’t an end in itself (see “Part 1: Get More Good Referalls for Your Law Practice“). The goal is getting and giving the referrals you need to sustain and grow your practice. So, when the calls start coming in, what do you do? And how can you make good referrals for your own clients? Rules and Boundaries: Four Things Getting and giving referrals is governed by two sets of rules: good manners and professional ethics. We’ve been trained since law school to mind our ethics, so that’s…
  • Tech Tips: Best Note-Taking Apps and Tactics

    The Editors
    27 Mar 2015 | 3:13 am
    For our new Friday Five+ Tech Tips, we’ve invited a dream team of law practice technology experts to tell us their best advice for tackling the everyday tech quandaries that plague us all, to help your practice run just a bit more smoothly. The first question: “What’s your favorite tech tip for taking notes in meetings — and using them once you’ve written, typed or recorded them?” Here are this month’s top tips and note-taking apps from the experts. Lee Rosen: Listen First, Take Notes Second Following this tip in client meetings might mean not even…
  • When You Find Yourself in a Hole

    Otto Sorts
    26 Mar 2015 | 6:00 am
    “I don’t know what to do!” he cried. “Now we’re forming committees to make decisions.” I had listened to his travails for the last year as his firm slowly moldered and law firm management chased its tail. Morale was bad, profits had slipped down over time, senior partners had become unhappy with their compensation, and the firm’s reputation had taken a couple of hits. “Worst of all,” he lamented, “they hired a new consultant that has us rebranding, changing the letterhead and arguing about website features. They’re looking for rainmakers in markets…
  • Getting Real: Four Social Media Lessons

    Gabriel Cheong
    25 Mar 2015 | 3:00 am
    Gabriel Cheong started his own law firm straight out of law school. One year later he purchased the law firm where he once interned. Now Gabriel runs Infinity Law Group while blogging, tweeting and marketing his firm. He’ll be one of four speakers participating in this year’s “Lightening Round: Avvo Success Stories” May 13 at Lawyernomics 2015. We asked him to share some hard-earned lessons he’s learned using social media for his family law practice. Unless you’re willing — and financially able — to employ someone to coordinate all of your law…
  • Five Tips for Running a Lean Law Practice

    Asaf Cidon
    24 Mar 2015 | 3:00 am
    We’ve all seen how technology can help level the playing field, allowing smaller firms and solos to compete with larger rivals and scale quickly to meet clients’ needs. That’s good news for small firms and clients alike. But just because a firm is small doesn’t make it lean — or mighty. Too many lawyers stick with the old ways of doing things simply because it’s familiar. Here are tips for running a lean law practice, rethinking how you can provide the most value to your clients in the most productive way. 1. Focus on the practice of law — not on IT. Of course, you’re…
 
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    Pretrial, Trial, Appellate & Evidence Blog

  • DAVID BOIES FIVE TRIAL TIPS

    Ronald H. Clark
    22 Mar 2015 | 5:49 pm
    David Boies is America’s preeminent trial lawyer. His successes include cases, such as that against California’s Proposition 8 and the Microsoft antitrust case. In an interview with Katrina Dewey for Lawdragon,  he described his belief that it was an honor to make a living and a difference practicing law: “I’ve always believed that one of the great things about being a lawyer is you have an opportunity to really make a very comfortable living. at the same time, it allows you to make a real contribution to society and really make change. the opportunity is there.”In the…
  • IMPORTANT COURTHOUSE DOG MANUAL NOW AVAILABLE

    Ronald H. Clark
    4 Mar 2015 | 2:20 pm
    An important manual concerning courthouse dogs has just become available to the public. Courthouse dogs provide emotional support for child and other vulnerable victims and witnesses in the legal system. In the not too distant past, vulnerable victims were given short shrift by the justice system. The manual recounts my experiences with children in the criminal justice system, which the manual accurately describes as the “Bad Old Days” as follows:The Bad Old Days While chatting about how the treatment of children involved in the legal system has evolved over the years, Ron Clark, a…
  • ABOTA & ACTL SPONSOR 2015 ADVANCED TRIAL ADVOCACY INSTITUTE

    Ronald H. Clark
    28 Feb 2015 | 12:27 pm
    “I attended, participated in and enjoyed the Advanced Trial Advocacy Institute.It is a comprehensive ‘how to’ demonstration curriculum in which the attendees have an opportunity to observe and then perform everything from voir dire to examination of witnesses to closing argument …”Ron WardPresident, Washington State Bar Foundation, 2008-2011President, American Board of Trial Advocates, 2012Washington State Trial Lawyers Association President’s AwardSuper Trial Lawyer since 2003Save the Dates - June 15-19, 2015 – for the Advanced Trial Advocacy Institute at Seattle…
  • MEDIATION THE RIGHT WAY

    Ronald H. Clark
    21 Feb 2015 | 9:50 am
    This month, the King County Bar Association Bar Bulletin published Charles Burdell’s  discussion of DON’TS  for mediations. Charlie Burdell had a career in private practice. He later became a King County Superior Court Judge before becoming a full time arbitrator and mediator. On the right, he is pictured waterskiing on Lake Washington last August. His helpful article on mediation mistakes to avoid reads as follows:            Thirty five years is a long time, but it seems like it was just yesterday.  I…
  • Comprehensive Pretrial Advocacy Class Goes to the Crime Scene - Garage Tavern

    Ronald H. Clark
    19 Feb 2015 | 10:06 am
    Seattle University Pretrial Advocacy ClassSpring 2015 at the Garage Tavern Crime Scene
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    The Attorney Marketing Center

  • Another technique for improving your writing you won’t want to do

    David M. Ward
    27 Mar 2015 | 11:54 am
    Yesterday, I told you about a technique for improving your writing. I told you that I dramatically improved my writing by hand copying other people’s writing that I admired and wanted to emulate. Today, I want to share something else I did that elevated my writing to an even higher level. Behold: Every morning without fail, I rolled out of bed, grabbed a spiral notebook and pen, and wrote for twenty minutes. Some would call this journaling, but that implies that I had something to say that I wanted to capture on paper. Instead, what I did was “free write”. There are two…
  • A simple way to improve your writing you probably won’t do

    David M. Ward
    26 Mar 2015 | 1:12 pm
    Do you want to improve your writing? Of course you do. Well, there’s a simple way to do that but I’m afraid you won’t do it. Yes, it’s simple. Easy, even. But it takes a fair amount of time. Most people aren’t willing to put in that time. But it’s worth it. I promise. When I did it, it changed the wiring in my brain and I became a much better writer. I used to write like a lawyer–stilted, passive, thorough to a fault, and boring. Everything changed when I started using the method I’m about to share with you. In a nutshell, this method involves…
  • Could you make it on Rodeo Drive?

    David M. Ward
    25 Mar 2015 | 11:26 am
    Years ago, when I lived and worked in Beverly Hills, I wore Brioni suits, had a penthouse suite on Wilshire Boulevard, and was busier than a one-legged Irish dancer. So when I needed a haircut, naturally I shot over to Rodeo Drive and visited Vidal Sassoon. Expensive? Yes. But worth it, at least to me at that time in my life. They saw me on time and got me out quickly so I could get back to work. Everyone treated me like royalty. And it was peaceful–no chemical smells, bright lights, or incessant chatter. There were other amenities: easy parking, pretty shampoo girls, soft drinks and…
  • If it’s Tuesday, it must be clients

    David M. Ward
    24 Mar 2015 | 12:10 pm
    You have a lot on your plate. This morning, you have to review pleadings and get them filed and served. Then you have a meeting with your office staff. After that, you’re off to a hearing. When you return to the office, you have a new client to see. Before you go home, you plan to catch up on some billing. If you get interrupted in any of these tasks, you lose momentum. It takes time to get back in the groove and, therefore, you’re not nearly as productive as you’d like to be. Is there a better way? One idea is to do what Twitter founder Jack Dorsey does. He gives each work…
  • Are you the smartest person in the room?

    David M. Ward
    23 Mar 2015 | 12:19 pm
    When you have a problem, or you have to make an important decision, who do you turn to for advice? Do you have friends or networking contacts who are subject matter experts in pertinent areas? Do you know successful professionals and business owners who can provide general business advice and help you sort things out? Do you have mentors or a panel of advisers? Industrialist Henry Kaiser once said, “I make progress by having people around me who are smarter than I am – and listening to them. And I assume that everyone is smarter about something than I am.” Michael…
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    Law Firm Marketing Consultant | SEO Specialist

  • Is your website costing you business?

    Dustin Ruge
    24 Mar 2015 | 8:42 am
    Attorneys often ask how consumers view them, how they search for them online, and how they can best position themselves for maximum consumer exposure and results.But what about other attorneys?Many attorneys I have worked with over the years claim to get some of their best clients and cases from other attorneys. Moreover, some of the best attorney referral sources are from other attorneys.So what are attorneys doing to better market and position themselves to other attorneys and more importantly, what are other attorneys looking for in other attorneys and why? A recent in-house counsel report…
  • Is Your Law Firm Ready for April 21?

    Dustin Ruge
    16 Mar 2015 | 10:32 am
    April 21, 2015 could be a defining moment for your law firm. Why? Because Google is planning on telling the whole world (through their own search results) whether or not your online marketing in mobile ready or not.On average 30% of people (and growing) will access an attorney website each day through mobile devices. Moreover, attorneys who advertise to the Hispanic community could take an even bigger hit. On April 21st Google has announced that this can all change...especially for those who are not prepared and for those who are fortune enough to benefit from it. Are you ready? Click Here To…
  • AZ Bar Association CLE: Attorney Marketing On The Internet (Wed March 4th @ 12 noon) 1 CLE Credit

    Dustin Ruge
    3 Mar 2015 | 3:29 pm
    Please join us for the upcoming CLE on Attorney Marketing On The Internet hosted by the Arizona Bar Association.Faculty Speaker: Dustin Ruge CLE Credits: 1Time: 12-1pmLocation: State Bar of Arizona 4201 N. 24th Street, Suite 100 Phoenix, AZ 85016-6266 To Register: https://azbar.inreachce.com/Details?groupId=ba54e60d-c9d0-43cb-97b5-c3b2ce1efd64 #cle  #lawyermarketing #azbar 
  • Is The Internet Really Dying? Many Say Yes

    Dustin Ruge
    23 Jan 2015 | 7:44 am
    Yesterday we heard some pearls of wisdom out of Davos from the Chairman of Google, Eric Schmidtwho proclaimed that “…the internet will disappear.” To many of us who work in the industry of internet marketing, this should come as no surprise…but to most it still is. In November of 2014, an article in the Wall Street Journal entitled “The Web Is Dying; Apps Are Killing It” was published after many prognostications dating back a number of years now that mobile is transforming the internet landscape. Additionally, many industry experts now predict that the number of people accessing…
  • Does My Law Firm Need An App?

    Dustin Ruge
    30 Oct 2014 | 9:07 am
    A growing number of attorneys and law firms that I work and meet with are asking the same question: Do I need an App for my practice? When asked I always ask them 3 simple Questions:WHY would their clients want to download their APP? HOW would your App make your client engagements better and more efficient FOR YOUR CLIENTS?HOW REPEATABLE are the engagements with your clients and HOW OFTEN do they take place? As you can imagine, most attorneys are not fully prepared to answer these questions and therefore would be advised NOT to build an APP for their practice until then they are. There are…
 
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    Estate Law Canada

  • What legal document does the executor have to submit to the court to close an estate?

    29 Mar 2015 | 6:43 pm
    Here is a question that I don't believe I've been asked before. That doesn't happen very often! This reader wants to know what an executor should file with the government to close an estate. Here is the question and my answer. "What legal document does the executor have to submit to the court to close the estate’s will? Once the monies are dispersed, is there a final legal document that the
  • Why would someone buy your business?

    28 Mar 2015 | 3:51 pm
    I always enjoy estate planning with business owners, as there are always a few interesting issues to resolve and some worthwhile challenges to overcome in the process. For business owners, estate planning can take much longer than it does for non-owners. The question of what to do with the existing business is front and centre. For those business owners who are not planning to pass the
  • Panel to discuss prevention of abuse of Enduring Power of Attorney

    24 Mar 2015 | 10:25 am
    Anyone who is in the St. John's area and who has questions or concerns about Enduring Powers of Attorney might be interested in this event that is happening tonight. I'm participating in a panel that is going to explore issues around Enduring Powers of Attorney with particular focus on what changes need to be made in order to address the abuse of these documents. The official poster says: "A
  • A weekend smile

    21 Mar 2015 | 5:59 pm
  • How can the executor get away with that?

    20 Mar 2015 | 8:59 pm
    You're the beneficiary of an estate, and you just know that something is wrong. It's been months - or years - and the estate isn't settled yet. The executor, who seems to be living extravagantly these days, won't answer any questions and in fact becomes belligerent when you try to get information. How is he getting away with that? This problem exists because not only do most executors not
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    AZ Attorney

  • Former @AZStateBar space in #dtphx stills wows, catches the imagination

    azatty
    27 Mar 2015 | 9:30 am
    Lobby at 111. West Monroe in downtown Phoenix Yesterday, I attended a downtown Phoenix chamber-type luncheon. When I first RSVPed, I was told the location was TBA. But it turned out to be a great choice, and not only because the space is a high-rise going through an adaptive reuse. It’s also my old building. Well, not mine, of course. My employer’s. For years, the State Bar of Arizona officed at 111 West Monroe. Eventually, the leadership decided to buy rather than lease, and that’s how we ended up near 24th Street and Indian School Road. And ol’ 111? I miss that building quite a bit.
  • Lawyer at @QuarlesandBrady the 1st in Arizona admitted under military-spouse rule

    azatty
    26 Mar 2015 | 9:30 am
    Rachel Schafer In 2014, we were pleased to see the Arizona Supreme Court adopt a rule that eased admission for a certain category of attorneys: those who are already admitted and in good standing elsewhere but who find themselves in this state because of the transfer of their military spouse. Author and attorney Rodney Glassman wrote about it here. (And I covered it in the blog here.) Essentially, spouses of military personnel are able to get quick, temporary licensing if their spouse is stationed in Arizona. The rule-passage was a great accomplishment, but even better news came this month…
  • Law student diversity scholarships offered by @dricommunity

    azatty
    25 Mar 2015 | 9:30 am
    Law students who seek substantial scholarships should consider a great opportunity, but get on it fast: The application for the DRI Law Student Diversity Scholarship is due next Monday, March 30. So if you are a law student or if you know one who could be a great fit for this award, please pass the news on. Besides the application, an essay and recommendations are required. (Ask your law professors now and have them work through the weekend on your behalf! Turnabout is fair play.) The ultimate prizes are two scholarships in the amount of $10,000 each. (Yes; ten thousand.) And what kinds of…
  • Conference by @PEAC_ASU to explore arts, education, incarceration

    azatty
    24 Mar 2015 | 9:30 am
    It’s beginning to look like my Friday morning will be corrections-focused. Yesterday, I mentioned a school-to-prison pipeline symposium focused on that topic. But on the same day—Friday, March 27—an ASU student group addresses the issue of what we do with individuals once they are incarcerated. Specifically, they are focused on prison education. (I wrote before about this annual conference on prison education.) This Friday’s event marks the fourth annual Prison Education Conference and will be held in the Turquoise room of the Memorial Union at ASU from 10am to 4pm (with complimentary…
  • Town hall, symposium to address school to prison pipeline at @ASUCollegeofLaw

    azatty
    23 Mar 2015 | 9:30 am
    I have written about the school-to-prison pipeline before, which is why I am especially pleased to see an upcoming symposium dedicated to the topic—this time focused on the pipeline’s effects in Indian Country. The event will be this Friday, March 27, at the ASU Sandra Day O’Connor College of Law. More information is here. Here is more background from the organizers: The “School-To-Prison Pipeline” has been a crucial concern of parents, educators, tribal leaders, ministers, civil rights activists, lawyers and youth advocates for a number of years. Recently, it has become a…
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    Course and Scope: A Connecticut Worker's Compensation Law Blog

  • Connecticut 2015 CRB Panel Named

    James Aspell
    27 Mar 2015 | 8:38 pm
    Pursuant to Section 31-280b, Chairman John A. Mastropietro has appointed Commissioners Randy L. Cohen and Stephen M. Morelli to sit as panel members on appeals before the Compensation Review Board for the calendar year beginning January 1, 2015.
  • Experience That Makes A Difference

    James Aspell
    25 Mar 2015 | 9:21 pm
    Is your lawyer a "known commodity?" When pursuing a work injury claim in Connecticut it goes a long way if your employer's worker's comp insurance company is familiar with the track record of you lawyer. I have been handling worker's comp claims in Connecticut since 1986. I am known to worker's compensation defense attorneys throughout the State as an aggressive advocate for my client and one that is willing to litigate a case if necessary. That results in a bigger, faster recovery for you! Below is a partial listing of the insurance companies against which we have pursued successful…
  • Concurrent Employment and Risk of Work Injury

    James Aspell
    16 Mar 2015 | 5:33 pm
    March 9, 2015 - WorkCompWire Hopkinton, MA – Researchers with the Liberty Mutual Research Institute’s Center for Injury Epidemiology have concluded that individuals who work multiple jobs – approximately 14 million U.S. residents – have a greater likelihood of injury than those holding a single job. According to the findings published in the American Journal of Public Health, multiple jobs holders have a 27 percent higher rate of work-related injury and a 34 percent higher rate of non-work-related injury compared to single job holders. Principal researcher Dr. Helen Marucci-Wellman…
  • Mental Distress: We Continue to follow this important issue in Connecticut Worker's Compensation

    James Aspell
    17 Feb 2015 | 8:52 pm
    FROM CTNEWSJUNKIE.COM Two bills under consideration this legislative session seek to expand the state’s workers’ compensation law to cover those who suffer severe mental or emotional distress after witnessing extreme workplace violence. One bill, SB 593, has been introduced by the Labor and Public Employees Committee. It would expand coverage under the Workers’ Compensation Act to those who have certain “mental or emotional impairments” due to witnessing the death or maiming of another person in the workplace. Similar legislation has failed in previous years. In the past, workers’…
  • Updates to Connecticut Worker's Comp Medical Fee Schedule

    James Aspell
    17 Feb 2015 | 8:30 pm
    WCC Official Hospital and Ambulatory Surgical Center Fee Schedule Memorandum - December 31, 2014 MEMORANDUM NO. 2014-06 TO: WCC Commissioners, Facility Fee Schedule Core Committee Members, District Administrators, Advisory Board, Legal Advisory Panel, Medical Advisory Panel, Medical Practitioners, Self-Insureds, Insurance Carriers, Medical Care Plans, Attorneys, and Unions. FROM: John A. Mastropietro, Chairman DATE: December 31, 2014 RE: Issuance of the Official Fee Schedule for Hospitals and Ambulatory Surgical Centers Pursuant to Public Act No. 14-167 (Senate Bill No. 61) Effective for…
 
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    Colorado Construction Litigation

  • Press Release From the Colorado State Senate Regarding Senate Bill 91's Passage Out of Committee

    David M. McLain
    19 Mar 2015 | 8:28 am
    FOR IMMEDIATE RELEASEMarch 19, 2015 Contact: Sean PaigePhone: (719) 337-0355Construction Defect Fixes Advance in the SenateLawmakers last night took the first bipartisan step toward addressing Colorado’s affordable housing and starter home crunch, when the Senate Business, Labor, and Technology Committee passed Senate Bill 177, the so-called construction defect reform law, by a 6 to 2 vote. The bill aims to clear-away barriers and disincentives to affordable and multi-family home construction in Colorado, by providing pathways to dispute resolution that don’t necessarily end in court. It…
  • Senate Bill 15-091 Passes Out of the Senate State, Veterans & Military Affairs Committee

    David M. McLain
    17 Mar 2015 | 12:34 pm
    As previously reported, Senator Scott's SB 91, as originally introduced, would have reduced Colorado's statute of repose for construction defect actions from eight years to four years.  Yesterday, the Senate State, Veterans & Military Affairs Committee heard Senate Bill 91 and, before passing the bill on a party line vote sending it back to the full Senate for consideration, made two substantive amendments. By one amendment, the Committee excluded any multi-family developments. The second amendment was to reduce the statute of repose from six years, currently on the books, to five…
  • The First Hearing on SB 177 Has Been Scheduled - Call to Action!

    David M. McLain
    13 Mar 2015 | 8:47 am
    SB177 is scheduled to be heard in the Senate Business, Labor, & Technology Committee (Room 271) on Wednesday, March 18th, at 1:30 p.m.  Please take a moment to urge your State Legislators to SUPPORT SENATE BILL 177 and help fix the defect in Colorado’s construction law.A big hurdle to building more entry-level housing is a defect in state law that exposes homebuilders and homeowners to a high risk of expensive, time-consuming litigation. It is referred to as the construction defects law. It has created a climate that puts the chill on new construction of affordable,…
  • Another Municipality Takes Action to Address the Lack of Condominiums Being Built in its Jurisdiction

    David M. McLain
    9 Mar 2015 | 10:00 am
         Whether you are in the market to downsize or are looking to be a first time home buyer, you have likely noticed that your housing options in Colorado have become extremely limited over the course of the last several years.  If you are a contractor and have worked on multi-family projects in the recent past, you know why the housing options are limited in the State of Colorado.  In the past two years, there have been studies commissioned and articles published in local periodicals investigating the extreme slowdown seen in the construction of…
  • Higgins, Hopkins, McLain & Roswell is on the Lookout for a New Associate

    David M. McLain
    18 Feb 2015 | 9:46 am
    Higgins, Hopkins, McLain & Roswell, LLC, a boutique firm located in Cherry Creek, has an immediate opening for a litigation associate with 1 – 3 years of experience in construction litigation or the defense of general casualty claims.  To be a successful candidate, you must be an optimist, be well spoken, have exceptional research and writing skills, and be able to think on your feet.  Given that our files are document-intensive, you must be very organized and detail-oriented.  Experience with deposing witnesses and some trial experience a plus.We offer a competitive…
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    Consumer Rights

  • When to make a store non-accessible to customers (Funskool)

    ashish
    8 Mar 2015 | 12:48 pm
    Typically stores spend a lot of time and energy in ensuring that their design is such that customers are able to freely browse, are able to find the right items that they want, and are drawn to items that the store wants to sell. There is big money in ensuring that stores get their placements right, make it comfortable for customers and so on. Makes sense, right ? So, you would expect a store selling stuff to kids and children to make it easy for parents to get there, for them to look at products, and so on, even when their children are there with them. Funskool is a brand that brings a large…
  • The experience at the Passport Seva Kendra – needs a lot of optimization

    ashish
    24 Feb 2015 | 9:06 am
    I had gone for 2 passports (one fresh passport for an infant, and one re-issue). With the advent of automation, there is an expectation of faster processing and streamlined support, making the experience seem almost like a breeze (well, one can wish for some things, right ?). So, here goes my experience of the same, and what could be problematic for people visiting the Passport Seva Kendra. I went to the PSK (Passport Seva Kendra) located at Herald House, Bahadur Shah Zafar Marg, New Delhi. It is an office located at 2 floors in the building, and with sort of gleaming new infrastructure…
  • Mumbai builder to pay Rs. 14 lakh for late delivery of flat

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

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

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

  • Win A Cyber Security & Network Assessment

    Accellis Technology Group
    26 Mar 2015 | 10:20 am
    On May 31st, we are giving away three (3) Cyber Security and Network Assessments. Take control of your network – enter to win a Cyber Security & Network Assessment from Accellis. This assessment will provide invaluable insight into your IT infrastructure – which can be used to plan your future IT direction, improve security, and minimize risk. At a minimum, you’ll receive key takeaways that result in immediate value for your firm. Our security experts will safely scan your network for security threats and vulnerabilities. Then, we dive deeper by reviewing your firewalls, wireless…
  • One Simple Tool for More Powerful Searches

    John H. Roth II
    20 Mar 2015 | 12:10 pm
    Not too long ago, a law firm client of ours was working on a high-profile case involving an employee stealing a large sum of money from his employer through mail fraud, wire fraud, and identity theft. The defendant’s personal laptop was confiscated by authorities and the firm needed to determine if any of the files contained information that was relevant to the case. Accellis was brought in to see if we could somehow scan the over 110GB of documents to see which files, if any, contained certain key terms related to the case. In order to do this (without opening and viewing each file…
  • Accellis Exhibiting at ABA TECHSHOW 2015

    Accellis Technology Group
    20 Mar 2015 | 7:57 am
    Accellis Technology Group will be an exhibitor at the ABA TECHSHOW® 2015 on April 16 – 18 in Chicago. If you’re going, stop by booth 310 and say hi! Our team will be onsite to answer questions and discuss technology trends in today’s legal industry, including: Law Firm Cyber Security & Compliance Legal Application Consulting Systems Integration & Development Managed IT Services We work with hundreds of law firms and legal organizations across North America grow and secure their business through cyber security & compliance consulting, managed services, legal application…
  • 5 Time Tracking Apps to Boost Billable Hours

    Colleen Heine
    13 Mar 2015 | 9:56 am
    “Where were you last Wednesday at 4:00PM and what were you working on?” This question is not a reference to the podcast Serial, but a good example of how legal professionals are often tracking their time. When attorneys, paralegals and staff wait until the end of the day, week, or month to start tracking their time it’s much like a puzzle attempting to get all of the pieces in order. Flipping through phone call logs or sent emails can help track a few of the pieces. But what about that document edit you made yesterday or time you worked on cases from home? In the big picture, billable…
  • Microsoft Ending Support for Windows Server 2003

    Larry Horvat
    12 Mar 2015 | 6:15 am
    Microsoft will end support for their Windows 2003 Server Operating System on July 14, 2015. This basically means that Microsoft will no longer provide security patches, updates, automatic fixes or technical assistance for any firms using Server 2003 – and any identified vulnerabilities will not be fixed. Why should you care? While your server may seem to operate just fine now, chances are it will begin to slow down considerably, affecting employee productivity. You may also encounter software and hardware compatibility issues since new applications will not be built to accommodate the…
 
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    The Litigation Consulting Report

  • The CEO in Litigation: Problems, Solutions and Witness Preparation

    24 Mar 2015 | 1:41 pm
      by Laurie R. Kuslansky, Ph.D.Managing Director, Jury Research & ConsultingA2L Consulting Beware: When a CEO takes the stand, he or she could prove to be an unexpected liability. Dr. Laurie R. Kuslansky, Trial Consultant, explains how to avoid this unfortunate — yet foreseeable situation. The very qualities that make the CEO successful in business—the ability to take charge, to think in terms of the “big picture,” to avoid minutiae, and perhaps the possession of ample self-importance and confidence—may collectively manifest as a poor witness in the courtroom, which is not…
  • Why The Use of Clichés Puts Your Persuasiveness at Risk

    19 Mar 2015 | 11:39 am
      by Ken LopezFounder/CEOA2L Consulting Unfortunately, I have the memory of an elephant when it comes to life's uncomfortable moments. One of those occurred during undergraduate school at the University of Mary Washington almost 30 years ago. Like it was yesterday, I remember reviewing my professor's notes on a graded paper. Burned in my memory is the red-pen-circled-notation, "cliché." At the time I really didn't understand why using a cliché would be a problem. After all, it's just a linguistic shortcut, and having my professor deduct points for it struck me as…
  • Why Expensive-Looking Litigation Graphics Are Better

    13 Mar 2015 | 7:37 am
    by Ryan H. Flax Managing Director, Litigation Consulting A2L Consulting I am not advocating that you spend more to develop top-notch demonstrative evidence. What I want you to do is make sure that the litigation graphics that you do use look like you paid a million bucks for them. Make sure you’re getting what you’re paying for. Let me explain why. Recently published and widely reported research out of the University of Cincinnati relating to treating Parkinson’s disease shows that the placebo effect is a real thing and a powerful psychological phenomenon. Interestingly, what the study…
  • How Valuable is Your Time vs. Litigation Support's Time?

    10 Mar 2015 | 5:37 am
    by Alex BrownDirector, OperationsA2L Consulting How do you determine value?   This weekend, while my oldest child was in Boston at a gymnastics meet, we thought this would be the perfect time to “renovate” her room back home. My youngest daughter wanted to help but also wanted to negotiate her fee to do so. I came up with many reasons for her to find value in helping: the good of the family, experience, and enjoyment, but none of these provided the proper balance of cost and value to her. Finally I told her that she will be able to destroy something that belongs to her big…
  • How to Apply Cialdini's 6 Principles of Persuasion in the Courtroom

    4 Mar 2015 | 6:29 am
    by Alex Brown Director of Operations A2L Consulting Last year, we talked about the pros and cons of business development professionals -- specifically, the good and bad traits of people in this profession. Here, I start a new series on the six principles of persuasion. I have long been a huge fan of Dr. Robert Cialdini and find myself repeatedly going back to a book he wrote called "Influence: The Psychology of Persuasion." In this book, he discusses the six principles of persuasion. I want to share with you these principles in a six-article series, starting with principle number one:…
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    Africa Music Law™

  • Jonathan Exit Seen as Spark Needed to Ignite Nigeria Markets

    AfricaMusicLaw™
    29 Mar 2015 | 8:30 am
    “President Goodluck Jonathan left the floor of the Nigerian Stock Exchange after a visit two weeks ago to traders singing “For He’s a Jolly Good Fellow”. Some investors would prefer that he keeps walking. Since rising to a five-year high in July, Nigeria’s benchmark stock index has plummeted 30 percent and is now only 11...
  • Big Debate: Have African Artists Sold Out? (Video)

    AfricaMusicLaw™
    25 Mar 2015 | 8:09 am
    Have today’s artists forgotten how to use arts and culture to create a better society? This is an interesting question posed under South Africa’s ‘Big Debate’ show but I believe applies across the continent, and especially in Nigeria. Watch and share your thoughts. Ms. Uduak Note: Photo for illustration purposes only.
  • Video: Tyrese, Ledisi & More Share their Views on The State of R&B.

    AfricaMusicLaw™
    25 Mar 2015 | 7:56 am
    Last year, The Recording Academy held “A Grammy Conversation” on the current state of R&B music at the West Hollywood Soho House. The (event) was hosted by Quddus and included five panelists: Music Journalist Gail Mitchell, singer-songwriter/producer Liv Warfield, Grammy-winning producer LaShawn Daniels, eight-time Grammy nominee Ledisi and four-time Grammy nominee Tyrese Gibson. According to...
  • Video: “Local Rappers” – What is the State of Hip-hop in Nigeria?

    AfricaMusicLaw™
    25 Mar 2015 | 7:27 am
    “Nigerian rapper Reminisce recently released a single ‘Local rappers’ which stirred the Nigerian Hip-Hop community. Osagie Alonge discusses the impact of the song and the general state of Hip-Hop in Nigeria.”
  • Disturbing News: Zara’s Grave at Ikoyi Cemetery Allegedly “Missing” just 1 Year After Death.

    AfricaMusicLaw™
    24 Mar 2015 | 5:57 pm
    This is really disturbing news. “Fast rising Nigerian singer, Margaret Mary Oluwatoyin Ejiro Joseph, popularly known as Zara Gretti passed away on March 28, 2014 at the age of 28, after losing her battle with Multiple Sclerosis. The controversy about how she was abandoned by several of her colleagues in the music industry is no...
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    New Jersey Injury Attorney Blog

  • New Jersey Workplace Deaths Declined in 2013, Says Study

    19 Mar 2015 | 10:45 am
    The U.S. Bureau of Labor Statistics (BLS) recently released its workplace injury and death data for 2013. The numbers show that work-related deaths dropped 17 percent in 2012 in New Jersey and the New York metropolitan area, according to a recent article in the Insurance Journal. The total number of deaths measured by the study was 152 in 2013, compared to 184 deaths in the same geographic area in 2012. The five-year average for yearly work-related deaths was 163 per year, although the number has ranged from a high of 236 deaths in 2014 to a low of 145 deaths in 2010, according to the Bureau…
  • Preventing Workplace Slip and Fall Accidents

    2 Feb 2015 | 12:57 pm
    Slip and fall accidents and injuries increase in the winter, especially in the snowy and icy New Jersey weather. Workers are not immune to the increased risk, whether they work indoors or out. According to the U.S. Department of Labor, most general industry accidents are slip and fall or trip and fall accidents. They cause 15 percent of all accidental deaths nationwide every year and make up one-quarter of all workplace injury claims. Slip and fall accidents in the workplace can be prevented. Here’s how to reduce the risk this winter season:
  • Protect Yourself from Winter Weather Slip and Fall Accidents in New Jersey

    5 Jan 2015 | 8:21 am
    The winter weather in New Jersey opens up the prospect of sledding, skiing, building snow forts, and other exciting adventures for the whole family. Yet a day of fun – or even a day at work – can turn into a tragedy in an instant if a slip and fall accident occurs. Slip and fall accidents can cause serious injuries, or worse, result in permanent disability or death. You can help protect yourself and others from slip and fall injuries this winter. Keep these tips in mind:
  • Fair Haven Councilman Killed in Bicycle Accident

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

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

  • Recent Ninth Circuit Ruling on Nutrition Labeling is a Win for Consumers

    Tim Jackson, Associate
    24 Mar 2015 | 12:55 pm
    On March 13, 2015, the U.S. Court of Appeals for the Ninth Circuit issued a consumer-friendly decision in Reid v. Johnson & Johnson, a false advertising case concerning assertions made by a Johnson & Johnson subsidiary about its product Benecol.
  • CFPB Study Confirms Arbitration Clauses Do Not Benefit Consumers

    Amy Sayre, Paralegal
    11 Mar 2015 | 10:58 am
    If you ask a company representative if they think arbitration clauses are harmful to consumers, more than likely, they will say no. If you ask the average consumer if they think arbitration clauses are harmful to consumers, they will ask
  • A Fish Story

    Thomas Doyle, Of Counsel
    27 Feb 2015 | 11:03 am
    In the timeless words of Dr. Seuss, “From there to here, from here to there, funny things are everywhere.”[1] On February 25, 2015, the United States Supreme Court decided Yates v. United States,[2] a case about evidence destruction and the
  • Direct-to-Consumer Advertising: Is Less Really More?

    Corey Lorenz, Associate
    12 Feb 2015 | 7:59 am
    At the heart of a case involving a prescription drug is the question of risks – what risks exist, what risks were known, and what risks were warned about. All of us have seen prescription drug advertisements that include a
  • New Rules for Clinical Trial Transparency: Did the NIH and FDA Provide a Solution or Merely Identify a Problem?

    Tim Jackson, Associate
    17 Dec 2014 | 12:28 pm
    Clinical trials—or the lack thereof—often play a central role in cases involving dangerous drugs and medical devices. If and when manufacturers had knowledge of the dangers associated with their products goes directly to the liability of those manufacturers. All too
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    LegalMarketingMaven.com

  • Your website needs attention

    lauralee
    27 Mar 2015 | 10:22 am
    Your website needs attention. Chances are you’ve heard those words quite a few times this week. Here’s the scoop:  Google is changing its algorithm again, and this time around it plans to “slap” websites that are not mobile friendly by April 21st . If you care about your rankings in the search engines, read on. I’m going to break down these changes for you, without “end-of-the-world” scary hype, so that you know what you need to do, what needs your attention and how to quickly take action. Basically what’s happening is that Google is adding a “mobile friendly” component…
  • 20 Ways to Get Other People to Market Your Law Practice for You

    lauralee
    13 Mar 2015 | 12:00 pm
    Am I the only one who dreams of being independently wealthy and having money and/or clients magically fall from the sky? (It’s actually Friday the 13th as I write this… a big sign not to hold my breath!) Since that’s not likely to happen, I’d argue the next best thing in business is to enjoy the benefit of others constantly sending referrals and new clients your way… even while you sleep. At least a quarter of your marketing plans each month should be devoted to fueling your “referral engines” or creating new ways that will PASSIVELY send you clients in your community. Sure,…
  • Ramp Up Speaking Engagements to Promote Your Law Practice in Multiple Ways

    lauralee
    4 Mar 2015 | 7:01 am
    I don’t know about you, but I am SO looking forward to Daylight Savings this weekend.  It’s been a long winter and I am anxious for the longer days and warmer weather ahead. Spring is also one of my favorite times to ramp up speaking engagements for the firms that we work with.  With the holidays behind us and tax season winding up, companies and complimentary professionals always seem to be more willing to host presentations and workshops in March, April and May. The key, though, is not to wait for an invite!  I can assure you, they won’t magically come.  Instead, sit down with…
  • [News] Helping Clients Take Advantage of Facebook’s New “Legacy Contact” Feature

    lauralee
    12 Feb 2015 | 12:18 pm
    As our lives become increasingly digital, more and more of the assets we accumulate are based in technology or created online. Estate planning attorneys have the important job of educating their clients on how to handle “digital assets” in the event of a person’s death or incapacity, and then helping the client document such wishes in a will or trust.  Whether it’s an email account, blog, collection of domain names, hosting accounts, apps, ebooks, etc., a good estate planning attorney can help ensure that only a person the account owner trusts can access and maintain digital assets…
  • I Stink at Marketing My Law Practice—Now What?

    lauralee
    10 Feb 2015 | 12:36 pm
    While much of the country is getting walloped with cold weather and snow, the weather couldn’t be prettier down here in the Florida Panhandle.  I’ve been enjoying some beautiful weather here at the beach soaking up some much needed sunshine after battling the flu for weeks! If you get a chance to come down to the Panhandle be sure to let me know so we can meet up! Spring Break is right around the corner! It is February now, and I hope that the marketing plans you made for your firm in January are being rolled out and implemented full steam ahead.  Because it’s still early in the year,…
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    Victor Alexander - Atlanta Workers Compensation and Atlanta Personal Injury Attorney

  • Dueling Doctors: Authorized Treating Physician Less Credible Than Non-Examining Expert

    Victor Alexander
    3 Mar 2015 | 9:55 am
    In Emory University v. Duval, A14A2270 (Ct of Appeals, February 10, 2015) the Court of Appeals chastised the Superior Court for reversing the Board’s finding that evidence relied upon by the ALJ was less credible than a non-treating expert’s report. The Employee sustained a compensable right shoulder injury and returned to work after treatment. The treating physician, an orthopedic surgeon, found that a subsequent non-compensable left shoulder injury caused an aggravation of the compensable injury to the right shoulder, which was too painful to be used exclusively once the left shoulder…
  • What Is A Change In The “Status” of An Employee? Ask For Payment of Overdue Penalties Within Two Years. Statute of Limitations.

    Victor Alexander
    19 Feb 2015 | 9:21 am
    In MARTA v. REID, S13G1812 (Supreme Court of Georgia, September 22, 2014), twelve of the 32 payments the employee received before returning to work were untimely, and he was owed a 15% late-payment penalty pursuant to OCGA §34-9-221(e). But he waited 8 years to make a claim for the penalties which were not paid when due. The ALJ, Appellate Division and Superior Court agreed with the employer that the employee’s claim was a “change in condition” claim under OCGA §34-9-104, and therefore time-barred under the two-year limitation period. The Court of Appeals reversed, finding that the…
  • Fall at Work – When Are Worker’s Compensation Benefits Paid For An Idiopathic Fall?

    Victor Alexander
    10 Feb 2015 | 9:06 am
    You are standing on a ladder at work and feel dizzy. The next thing you know, you are on the ground, your shoulder hurts, and co-workers are asking if you are okay. Is this a work injury? Will your employer pay your medical bills or income benefits if you lose any time? Idiopathic falls are falls that are caused by a personal condition, like fainting because of low-blood pressure, or having a heart attack or a seizure. You would haven fallen no matter where you were when you had the episode. Your job did not cause the fall. Generally, worker’s compensation benefits are not paid for…
  • Has the Georgia Supreme Court Killed The Fictional New Injury?

    Victor Alexander
    14 Sep 2012 | 8:47 am
    In Scott v. Shaw Industries, Inc., S11G1815 (July 2, 2012), the Supreme Court agreed with the Court of Appeals that the “fictional new accident” concept does not apply if an employee suffers a compensable injury, receives worker’s compensation benefits, returns to work, and suffers a progressive worsening that causes them to cease work. Claimant was working as a carpet inspector when her foot became stuck in a carpet roller, causing partial amputation and lost work for 10 months. She received TTD benefits until she returned to work, but her injury and prosthesis caused her knee problems…
  • Maloney Job Searches Revisited: Applying “Any Evidence” Standard of Review, Court of Appeals Provides More Details On What Constitutes A Diligent Job Search

    Victor Alexander
    26 Jul 2012 | 11:47 am
    The Court of Appeals has raised the bar for Maloney job searches with its decision in Brown Mechanical Contractors v. Maughon, A12A0782, May 12, 2012. The ALJ accepted Maughon’s job search, which included 110 searches over 144 work days as well as evidence that three offers were rescinded when the prospective employers learned of Maughon’s injury and limitations. The Board reversed, finding no support in the record for reasonable inferences to be drawn that Maughon’s inability to find work was due to the work injury. “Engaging in a job search, on average, less than one time per day is…
 
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    Idaho Criminal Defense Blog

  • At Sentencing Your Story May Keep You Out of Prison!

    Chuck Peterson
    16 Mar 2015 | 8:53 am
     Last week was a gem. Twice, clients who were almost certain to go to prison when we first started working their cases, avoided that fate. First, in federal court a twenty-year-old kid who pleaded guilty to distributing heroin and oxycodone received three years probation. In state court, a client on a fourth lifetime DUI and facing felony charges was spared a stay in Idaho's pen because of what he had accomplished since his arrest six months prior. The key in each case?  Their story.  Not some fictional account of why they were before the court facing years of incarceration,…
  • Facing Federal Charges? Research Indicates 99% of ALL Federal Defendants Will Be Sentenced!

    Chuck Peterson
    24 Feb 2015 | 5:05 pm
     Attorney Alan Ellis writes a monthly newsletter that includes information and tips on federal sentencing and post-conviction matters. I just read the following from his February edition:  - Approximately 97% of all federal criminal defendants plead guilty.  - Of those who proceed to trial, 75% are convicted.  - Almost 99% will ultimately be sentenced.  - Over 87% will be sentenced to prison. Yikes!  Virtually every defendant in a federal criminal case will be sentenced? Is that really our experience in federal court? He is probably close. I think that 97% of all…
  • "Everyone's a Suspect" but Why Would the Cops Believe Jay?

    Chuck Peterson
    10 Feb 2015 | 11:56 am
    A youngish lawyer in court today asked me about the blog: "What's going on with that podcast?" You may recall that I became engrossed in Serial, the investigative report turned podcast by All Things Considered. I have not been able to finish my review of the lessons in law apparent from that series. Work simply keeps me moving away from this blog and onto other more pressing matters. But it is lunch time, and I have an apple and a bottled water, so here goes. Episode 4 looks at the question of whether Jay (a possible suspect in this murder mystery) should be believed when he…
  • The Prosecutor Has A Story - and he will spin it against you at trial!

    Chuck Peterson
    2 Jan 2015 | 3:25 pm
      By now you likely have finished listening to Serial, a podcast from the creators of This American Life, hosted by Sarah Koenig that garnered over 5 million listeners and which I last wrote about weeks ago. Time flies when you are busy. Since then I have tried a little criminal case, and been through an arbitration proceeding in an intellectual property dispute. And I am going back through Serial because there are great lessons for lawyers and defendants - actually there are lessons for Plaintiffs in personal injury cases or any other type of case. Here is the…
  • Your Story is Your Only Hope - So start listening to Serial on PBS

    Chuck Peterson
    8 Dec 2014 | 6:30 pm
     “For the last year, I’ve spent every working day trying to figure out where a high school kid was for an hour after school one day in 1999. Or, if you want to get technical about it (and apparently I do), where a high school kid was for twenty-one minutes after school one day in 1999….” And so it begins. Serial, a podcast from the creators of This American Life, hosted by Sarah Koenig. The true story is told a week at a time. It takes us through Koenig’s investigation into the disappearance and murder of Hae Min Lee, a high school senior. Her…
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    Northern California Personal Injury Blog

  • Oakland Mother Killed By Gunfire

    Kelly Balamuth
    26 Mar 2015 | 11:42 am
    A 30-year-old Oakland mother was killed last week when she was caught in the crossfire of a gun battle less than half a block from her home. She was returning home with her 7-year-old son and 9-year-old daughter when the stray bullet hit her in the back of the head.  The mother screamed at her children to run for safety, and they escaped into their house, hiding in fear as their mother died in front of their home. Oakland police have arrested four men thus far, one 19-year-old who is recovering from a gunshot wound in the hospital, and three 29-year-olds.  This killing marks the 19th gun…
  • Young Santa Rosa Girl Struck By Car, Critically Injured

    Kelly Balamuth
    10 Mar 2015 | 3:25 pm
    A 6-year-old girl was severely injured after a vehicle hit her as she was crossing the street with her family in Santa Rosa Sunday night around 9:20 p.m. The girl was walking east across Petaluma Hill Road at Breeze Way in a marked crosswalk when struck by a 67-year-old Santa Rosa man driving a 2001 Ford Focus. The driver immediately pulled over and is cooperating with police. At this time, it is unclear what caused the accident. The vast majority of fatal pedestrian/motor vehicle collisions occur on Friday, Saturday, and Sunday in later evening hours. Unfortunately, based on population,…
  • What to Do after a Truck Accident

    Kelly Balamuth
    18 Feb 2015 | 10:31 am
    After a truck accident you will probably be scared and disoriented, not knowing what to do, as it is an overwhelming situation. The first order of business is to check to see if you or anyone else at the scene needs medical attention. Due to the size and mass of a semi-truck, it is more likely to cause life threatening injuries and catastrophic damage in a collision compared to a car. For example, a fully loaded commercial truck can weigh upwards of 70,000 pounds, whereas a car usually weighs 3,000 pounds. The most important step after an accident involving a big rig is to get medical help…
  • Patient Suffers Massive Blood Loss in Medical Malpractice Nightmare

    Kelly Balamuth
    11 Feb 2015 | 2:09 pm
    A woman in Oakland recently filed a lawsuit against major healthcare providers Kaiser Foundation Hospitals, Inc., Kaiser Foundation Health Plan, Inc., Permanente Medical Group and her doctor after suffering severe hemorrhaging during a laparoscopic surgery to take out a benign tumor. During the operation, the Kaiser surgeon punctured the patient’s heart at the bottom, resulting in several blood clots and strokes. In an effort to counter the massive blood loss, an IV was necessary, however, the IV was carelessly placed in the patient’s artery instead of a vein. This second mistake resulted…
  • Fatal Hit-and-Run in East Oakland

    Kelly Balamuth
    29 Jan 2015 | 10:21 am
    On January 23, 2015, an 84-year-old woman was struck and killed in a hit-and-run accident in East Oakland. She was found at the intersection of 18th Avenue and East 15th Street at 8:08 a.m. Friday morning and transported to a local hospital where she succumbed to her injuries. A home security camera captured the accident, which showed the victim crossing the street when the car failed to slow down, hitting her in the middle of the road, which threw her several yards away. The car only paused for two seconds before simply taking off. The driver, a 30-year-old woman from Oakland, was arrested…
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    New Jersey Injury Attorney Blog

  • New Jersey Workplace Deaths Declined in 2013, Says Study

    19 Mar 2015 | 10:45 am
    The U.S. Bureau of Labor Statistics (BLS) recently released its workplace injury and death data for 2013. The numbers show that work-related deaths dropped 17 percent in 2012 in New Jersey and the New York metropolitan area, according to a recent article in the Insurance Journal. The total number of deaths measured by the study was 152 in 2013, compared to 184 deaths in the same geographic area in 2012. The five-year average for yearly work-related deaths was 163 per year, although the number has ranged from a high of 236 deaths in 2014 to a low of 145 deaths in 2010, according to the Bureau…
  • Preventing Workplace Slip and Fall Accidents

    2 Feb 2015 | 12:57 pm
    Slip and fall accidents and injuries increase in the winter, especially in the snowy and icy New Jersey weather. Workers are not immune to the increased risk, whether they work indoors or out. According to the U.S. Department of Labor, most general industry accidents are slip and fall or trip and fall accidents. They cause 15 percent of all accidental deaths nationwide every year and make up one-quarter of all workplace injury claims. Slip and fall accidents in the workplace can be prevented. Here’s how to reduce the risk this winter season:
  • Protect Yourself from Winter Weather Slip and Fall Accidents in New Jersey

    5 Jan 2015 | 8:21 am
    The winter weather in New Jersey opens up the prospect of sledding, skiing, building snow forts, and other exciting adventures for the whole family. Yet a day of fun – or even a day at work – can turn into a tragedy in an instant if a slip and fall accident occurs. Slip and fall accidents can cause serious injuries, or worse, result in permanent disability or death. You can help protect yourself and others from slip and fall injuries this winter. Keep these tips in mind:
  • Fair Haven Councilman Killed in Bicycle Accident

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

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

  • Questions and Answers About Medical Malpractice Claims in Texas

    Paul Cannon
    18 Mar 2015 | 5:06 am
    There are very few people we simply just trust without questions in our lives. When it comes to our relationships with our doctors, we assume they always know best.  But we all make mistakes even doctors. Unfortunately, when adoctor makes …The post Questions and Answers About Medical Malpractice Claims in Texas appeared first on Simmons & Fletcher.
  • Evidence of Seat Belt Use or Non-Use Now Admissible in Texas

    Paul Cannon
    12 Mar 2015 | 4:01 am
    For the past 40 years, the law in Texas has held that evidence of whether or not the plaintiff in acar accident case was wearing a seat belt is inadmissible at trial. However, last month the Texas Supreme Court issued …The post Evidence of Seat Belt Use or Non-Use Now Admissible in Texas appeared first on Simmons & Fletcher.
  • Holding Drunk Drivers Accountable

    Paul Cannon
    8 Mar 2015 | 12:58 am
    With the prevalence of public service messages about the dangers of driving under the influence of alcohol, you would expect the general public to get the message. Unfortunately, far too many drivers are still willing to gamble their lives, as …The post Holding Drunk Drivers Accountable appeared first on Simmons & Fletcher.
  • Texas House To Consider New Dram Shop Insurance Requirements

    Paul Cannon
    1 Mar 2015 | 9:47 am
    The Austin Business Journal reported earlier this month that Texas House Representative Chris Turner has reintroduced a “dram shop” liquor liability insurance law after the death of Abdallah Khader last month.  At 2 years of age, Abdallah was hit by …The post Texas House To Consider New Dram Shop Insurance Requirements appeared first on Simmons & Fletcher.
  • FDA Issues a Cumin Spice Recall

    Paul Cannon
    22 Feb 2015 | 2:15 pm
    Fox News is reporting that the United States Food and Drug Administration has issued a massive recall on hundreds of products containing the popular spice cumin. Traces of peanut were found in the spice and this can be potentially deadly …The post FDA Issues a Cumin Spice Recall appeared first on Simmons & Fletcher.
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    Loyalty Law

  • Government Statistics Highlight Risk From Asbestos Related Disease

    katie@digirank.co.uk
    20 Mar 2015 | 7:32 am
    According to statistics from the IIDB, asbestos is still a serious on-going problem for many workers within the United Kingdom, with an average of around thirteen new cases per hundred... The post Government Statistics Highlight Risk From Asbestos Related Disease appeared first on Loyalty Law.
  • Living With Whiplash: True Whiplash Stories

    katie@digirank.co.uk
    2 Mar 2015 | 9:59 am
    Whiplash is an injury that happens quickly, lasts for a long time, and entails numerous physical and psychological complications. One of the hardest things to live with, though, is the... The post Living With Whiplash: True Whiplash Stories appeared first on Loyalty Law.
  • The Dangers Of Slips Trips And Falls

    katie@digirank.co.uk
    11 Feb 2015 | 9:25 am
    We’ve often talked about the dangers of slips, trips and falls before, but it’s easy to think we’re just using hyperbole. After all, it’s a common tactic of the health... The post The Dangers Of Slips Trips And Falls appeared first on Loyalty Law.
  • Four Cool New Ways To De-Stress At Work

    katie@digirank.co.uk
    10 Feb 2015 | 10:46 am
    Living in constant stress is pretty nasty. There’s increasing evidence that it limits your ability to live a healthy life, and can even unilaterally lower your life expectancy, meaning that... The post Four Cool New Ways To De-Stress At Work appeared first on Loyalty Law.
  • Accident At Work Statistics

    katie@digirank.co.uk
    16 Jan 2015 | 8:46 am
    Skip to statistics charts. We are probably all aware of the risks associated with the type of work that we do. Chances are we’ve had the health and safety training,... The post Accident At Work Statistics appeared first on Loyalty Law.
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    Strictly Business

  • Venture Capital Term Sheet Negotiation — Part 20: Founders’ Stock

    Alexander J. Davie
    24 Mar 2015 | 1:27 pm
    This post is the twentieth in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior nineteen posts, we provided an introduction to negotiation of the term sheet and discussed binding and non-binding provisions and discussed valuation, cap tables, and the price per share, dividends on preferred stock, liquidation preferences, the conversion rights and features of preferred stock, voting rights and investor protection provisions, anti-dilution provisions, anti-dilution carve-outs and “pay to play”…
  • Venture Capital Term Sheet Negotiation — Part 19: Board Matters

    Casey W. Riggs
    5 Feb 2015 | 3:14 pm
    This post is the nineteenth in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior eighteen posts, we provided an introduction to negotiation of the term sheet and discussed binding and non-binding provisions and discussed valuation, cap tables, and the price per share, dividends on preferred stock, liquidation preferences, the conversion rights and features of preferred stock, voting rights and investor protection provisions, anti-dilution provisions, anti-dilution carve-outs and “pay to play”…
  • Venture Capital Term Sheet Negotiation — Part 18: Non-Disclosure and Developments Agreements

    Alexander J. Davie
    14 Jan 2015 | 1:52 pm
    This post is the eighteenth in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior seventeen posts, we provided an introduction to negotiation of the term sheet and discussed binding and non-binding provisions and discussed valuation, cap tables, and the price per share, dividends on preferred stock, liquidation preferences, the conversion rights and features of preferred stock, voting rights and investor protection provisions, anti-dilution provisions, anti-dilution carve-outs and “pay to…
  • Venture Capital Term Sheet Negotiation — Part 17: Non-Competition and Non-Solicitation Agreements

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

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

  • Attorney Ray Maples Admitted to the Supreme Court of the United States

    Maples Law Firm
    19 Mar 2015 | 1:19 am
    As of March 2, 2015, Oklahoma personal injury attorney Ray Maples became a member and an officer of the Bar of the U.S. Supreme Court. As a member, Ray is authorized to practice law within the historic court that has jurisdiction over every other local, state, and federal court in the country. In order to gain admittance to the highest court in the nation, Ray fulfilled the following requirements: Admitted as a member of the Oklahoma Supreme Court for at least three years, Received a certificate of good standing with the Oklahoma Supreme Court, Received endorsement from two attorneys in the…
  • To Encourage Drivers to Fix Defects, Honda Turns to Advertising

    Maples Law Firm
    17 Mar 2015 | 8:52 am
    Approximately 6.2 million Honda vehicles have been recalled for defects in the air bag inflation systems manufactured by the Takata Corporation. But only about 14 percent of those vehicles have visited Honda dealerships to have the potentially deadly defect fixed, according to a recent article in The New York Times. To encourage Honda owners to get their vehicles fixed, Honda has announced plans to launch an ad campaign. The campaign will use a combination of newspaper, radio, and social media messaging to remind Honda drivers of the potential problem and encourage them to get it fixed –…
  • Recognizing the Subtle Signs of Nursing Home Abuse or Neglect

    Maples Law Firm
    9 Mar 2015 | 8:38 am
    When you choose a nursing home for an elderly loved one, you take care to find a place that seems clean, comfortable, pleasant, and capable of meeting your loved one’s needs in a thorough and safe manner. The last thing you want is for your loved one to suffer abuse or neglect. As knowledge about nursing home abuse risks becomes more widespread, many experienced Oklahoma nursing home abuse lawyers and Oklahoma families know what the most common signs of abuse or neglect are. But many families are not aware of how subtle the signs of abuse or neglect can be. Particularly when a loved one’s…
  • New Nursing Home Ratings Use Tougher Standards in Reporting

    Maples Law Firm
    2 Mar 2015 | 8:34 am
    The federal Centers for Medicare and Medicaid Services (CMS) recently released an updated set of nursing home rankings on its Nursing Home Compare website. The new rankings saw many of the 15,000 listed nursing homes lose ground – including several that lost one or more of the total “stars” available for nursing home care. The new rankings include several factors that were not measured previously. These include usage of anti-psychotic medications, which can be dangerous in elderly patients with dementia and other cognitive conditions. They also include improved metrics that track…
  • NHTSA Announces 2014 Worst Year on Record for Vehicle Recalls

    Maples Law Firm
    16 Feb 2015 | 8:22 am
    More vehicles were recalled for hidden defects in 2014 than in any year prior, setting a new record for risk, according to the National Highway Traffic Safety Administration (NHTSA)’s recent report. In 2014, 803 separate vehicle recalls were issued for a total of 63.9 million vehicles nationwide. This number more than doubled the previous annual record set in 2004, when 30.8 million vehicles were recalled. Nevertheless, Carfax Inc. estimates that 46 million vehicles are still on the road with defects that have not been addressed. Carfax also estimates as many as 5 million recalled vehicles…
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    Baron & Budd, P.C. | Protecting What's Right

  • Baron & Budd Overtime Lawyers Representing Go Frac Employees Who Suffered Employment Losses in Violation of the WARN Act

    Baron &#38; Budd
    24 Mar 2015 | 12:44 pm
    Oil and Gas Workers in Company’s Marshall, TX and Weatherford, TX Offices Terminated Without Proper Notice DALLAS (March 24, 2015) – The national law firm of Baron & Budd has filed a lawsuit against energy company Go Frac, LLC for terminating the employment workers in violation of the Worker Adjustment and Retraining Notification (WARN) Act. Employees working at the company’s offices in Marshall, TX and Weatherford, TX who were let go without the proper amount of notice may be able to take legal action in order to obtain back pay and benefits. The case was filed in the U.S.
  • Baron & Budd Files Nationwide Class-Action Lawsuit Involving Lumber Liquidators’ Alleged Misrepresentation of Formaldehyde-Tainted Products

    Baron &#38; Budd
    12 Mar 2015 | 12:28 pm
    Class Action is First Filed in Texas DALLAS (March 12, 2015) – The national plaintiffs’ law firm of Baron & Budd today filed a class-action lawsuit representing plaintiffs from seven states, including: Texas, Colorado, Florida, Pennsylvania, Illinois, South Carolina and West Virginia. This is the first lawsuit to be filed against Lumber Liquidators in the state of Texas on behalf of homeowners who purchased formaldehyde-tainted flooring. The lawsuit was filed in the United States District Court for the Eastern District of Texas. Baron & Budd’s lawsuit alleges that Lumber…
  • Zofran Lawsuit: Baron & Budd Accepting Cases Involving Birth Defects After Use of Anti-Nausea Medication to Treat Morning Sickness

    Baron &#38; Budd
    10 Mar 2015 | 6:47 am
    Drug Linked to Serious Birth Defects When used During Pregnancy DALLAS (March 9, 2015) – The national law firm of Baron and Budd announced today it is accepting cases from women who used the anti-nausea medication Zofran to treat morning sickness during pregnancy and gave birth to children with serious birth defects, such as heart problems or a cleft palate or cleft lip. A study outlining the potential risks for pregnant women taking the drug was published in the December 2014 issue of the American Journal of Obstetrics and Gynecology. Zofran is the brand name of the drug Ondansetron and…
  • Baron and Budd Investigating Cases Involving Formaldehyde-Tainted Laminate Flooring Products from Lumber Liquidators

    Baron &#38; Budd
    5 Mar 2015 | 11:08 am
    Products Allegedly Exceed Acceptable Levels of Cancer-Causing Chemical DALLAS (March 5, 2015) – The national law firm of Baron and Budd announces that it is now investigating complaints concerning laminate flooring sold by Lumber Liquidators that may contain extremely high levels of formaldehyde. A story reporting the dangers of the product aired March 1 on the CBS television network news show 60 Minutes. Lumber Liquidators, according to the report, has revenues of more than $1 billion a year and includes more than 360 stores in 46 states. Reports allege that many laminate flooring products…
  • Asthma Drug Xolair Linked to Severe Brain, Heart Issues, Pharmaceutical Lawyers at Baron and Budd Report

    Baron &#38; Budd
    2 Mar 2015 | 3:05 pm
    Class Action XOLAIR Lawsuit Underway DALLAS (Mar. 02, 2015) – Xolair, a drug used to treat allergic asthma in adults and children 12 years and older, has been linked to significant health issues such as mini-strokes, heart attacks and blood clots, the national law firm of Baron and Budd reports. In September, 2014, The United States Food and Drug Administration (FDA) determined that a warning label should be added to the drug to inform patients of the potential dangers.  Xolair is the brand name of the drug omalizumab, which was developed from DNA extracted from the Chinese hamster.
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    Chad Ruback, Dallas Appellate Lawyer

  • Appellate Lawyer Chad Ruback interviewed in NBC 5 studio

    admin
    30 Mar 2015 | 4:32 am
  • Legal commentary on CBS 6 o’clock news

    admin
    31 Oct 2014 | 4:58 am
    The lead story on the 6 o’clock news featured Dallas County Judge Clay Jenkins, Dallas Mayor Mike Rawlings, and me. Here is the video:
  • Texas Supreme Court Justice Don Willett’s Thoughts on Amicus Briefs

    admin
    30 Oct 2014 | 4:30 pm
    This afternoon, Texas Supreme Court Justice Don Willett and Austin lawyer Don Cruse spoke at a continuing legal education seminar.  Among other things, they addressed amicus briefs filed in the Supreme Court. The court requests a response to the petition for review in about 33% of cases.  However, when an amicus brief has been filed prior to the time that the court decides whether to request a response, Mr. Cruse determined that the court requests a response about 85% of the time.  While only 2% of cases have amicus briefs filed prior to the time that the court decides whether to request a…
  • Appellate Judges Education Institute seminar in Dallas, TX

    admin
    29 Sep 2014 | 12:15 pm
    The American Bar Association’s Judicial Division and Southern Methodist University’s Dedman School of Law will be hosting a seminar in Dallas, Texas from November 13-16, 2014.  The seminar will be co-hosted by the ABA’s Council of Appellate Lawyers and the ABA’s Council of Appellate Staff Attorneys. Among the many speakers will be U.S. Supreme Court Justice Antonin Scalia; Fifth Circuit Court of Appeals Chief Judge Carl Stewart; Fifth Circuit Court of Appeals Judges Catharina Haynes, Stephen Higginson, Leslie Southwick, and Jennifer Elrod; U.S. District Court Judges…
  • Five Judges from the Fifth Circuit Court of Appeals Offer Pointers on Appellate Advocacy

    admin
    10 Sep 2014 | 2:13 pm
    The Dallas Bar Association Business Litigation Section recently hosted an outstanding panel discussion with five judges from the Fifth Circuit Court of Appeals.  I have been attending appellate continuing legal educations presentations for seventeen years, and this one was among the best I’ve seen.  Judges Gregg Costa, Jennifer Elrod, James Graves, Stephen Higginson, and Catharina Haynes all offered pointers for lawyers practicing before the Fifth Circuit.  Here are some that I found particularly noteworthy: 1. It is extremely easy to waive error in federal court, much more so than in…
 
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    Protecting What's Right

  • It’s Women’s History Month – Time to Celebrate and Support All of US!

    Baron &#38; Budd
    27 Mar 2015 | 6:43 pm
    March is Women’s History Month and if you ask us, we could not have picked a better month in the year to honor and celebrate women’s history. Women are so often the caretakers and the “doers” within the family. We can also be fierce warriors – unafraid to fight back to defend ourselves and our families from harm. We make sure that everyone is safe, healthy, and happy, and if something needs to be done to take care of the kids or family, you can count on us to do it – and fast. That’s, ahem, true even though the majority of moms in the U.S. work outside the…
  • So You Had a Perfect Baby After Taking Zofran — Fantastic! — But That Doesn’t Mean Zofran is Safe for All Moms & Their Children

    Baron &#38; Budd
    21 Mar 2015 | 8:35 am
    It goes without saying: If you took Zofran while you were pregnant and had a baby that was “perfect” and in wonderful health, fantastic! We could not be happier for you. But, and this is very unfortunate, that does not mean that taking Zofran does not have associated risks of serious birth defects. Moreover, just as there are mothers who took Zofran during their pregnancies and suffered no health repercussions to their babies, there are mothers who took Zofran during their pregnancies and had babies with serious birth defects. Some of the issues are so severe that expensive…
  • Attention Moms: Taking Zofran While Pregnant May Cause Birth Defects Like Cleft Palate and Heart Defects

    Baron &#38; Budd
    10 Mar 2015 | 7:09 am
    We hear you: You watched what you ate, took up low-impact exercise and even played calming music throughout your pregnancy… you did everything and more in your power to keep your unborn child healthy and happy. What was out of your power was the medication you took to combat morning sickness. You may even have been told it was safe for you and your unborn baby. But there is more to the story. Women who took the anti-nausea drug Zofran during pregnancy may be at increased risk for babies with serious birth defects. We don’t like the medical term “birth defects,” either,…
  • Elder Abuse in Nursing Homes — It Happens, Watch Out For These Big Signs

    Baron &#38; Budd
    19 Feb 2015 | 2:18 pm
    There are some things in life so bad and just plain hard to believe that, as a self-protective measure, we try to trick ourselves into thinking “that‘s not possible.“ Elder abuse and neglect is one of those things. Sure, we’ve heard about “issues” in nursing homes – a fall that shouldn’t have happened or a mysterious burn — it’s easy to chalk those up to unintentional accidents or just the normal problems that come with aging. Well, think again – because serious elder abuse is happening right now, in our country, to our family members.
  • Oilfield Workers Need to Quickly Familiarize Themselves With the WARN Act

    Baron &#38; Budd
    18 Feb 2015 | 5:00 am
    Falling oil prices may be great for motorists, but they’re lousy for oilfield workers and other energy industry employees. Prices have plummeted to levels not seen in six years, and many hardworking people are losing their jobs as a result. Even worse, many of them are being laid off without proper notice – a clear violation of the Worker Adjustment and Retraining Notification (WARN) Act. If you work in the energy industry, you need to get familiar with the WARN Act as soon as possible. You may be able to obtain substantial compensation from your former employer if it is in violation…
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    Hardwick & Pendergast - Seattle Personal Injury and Car Accident Attorneys

  • Seattle Officials Want Drivers to Slow Down

    Hardwick &#38; Pendergast, P.S.
    25 Mar 2015 | 3:43 pm
    Seattle is consistently ranked among the safest cities in the country for pedestrians and yet the leading cause of death for Seattle residents between the ages of five and 24 is traffic accidents. According to a news report in The Seattle Times, the Seattle Department of Transportation and local police officers have embarked on a mission to reduce the number of pedestrian fatalities to zero. Vision Zero involves designing roadways that allow pedestrians to make mistakes and still survive an accident. In 2013, there were over 10,000 police-reported traffic accidents in Seattle including 155…
  • Driver Injured in Seattle Hit and Run Crash

    Hardwick &#38; Pendergast, P.S.
    18 Mar 2015 | 8:20 am
    A man was hospitalized recently after a Seattle car accident involving a driver who fled the scene of the crash. According to a Seattle Times news report, the hit-and-run accident occurred on Interstate 5 at the Duwamish Curves. Officials say the man was driving in a blue Toyota 4-Runner when a car changed lanes and struck his SUV. His SUV struck a concrete barrier and rolled onto the roadway. He was hospitalized with non-life-threatening injuries. A witness of the crash wrote down information about the vehicle that sped off and notified the authorities. Officials used that information to…
  • Sleeping Truck Driver Crashes into School Bus

    Hardwick &#38; Pendergast, P.S.
    9 Mar 2015 | 3:51 pm
    Dozens of children were injured and a driver was killed when a truck crossed the centerline and struck a car and an Orondo School District bus. According to a Seattle Press Intelligencer news report, the fatal truck accident occurred on Highway 97, five miles north of Orondo. Officials believe the 54-year-old male truck driver from Yakima fell asleep at the wheel before the truck crossed into oncoming traffic. The 53-year-old female driver of the school bus swerved before the collision. Officials believe her actions could have helped prevent serious injuries to the bus passengers. Of the…
  • High School Basketball Team Involved in Bus Crash

    Hardwick &#38; Pendergast, P.S.
    24 Feb 2015 | 12:19 pm
    A bus carrying a Washington high school basketball team was involved in a roll-over accident resulting in multiple injuries to the young passengers. According to a news report in The Seattle Times, the bus accident occurred near westbound Highway 104 and southbound I-5 in Mountlake Terrace. Officials say the bus was trying to merge onto 104 when it hit the curb and flipped over. Of the 16 occupants of the bus, 10 suffered minor injuries including lacerations. Ten people were taken to a nearby hospital for observation with non-life-threatening injuries. Initial reports said that the…
  • Living With a Brain Injury

    Hardwick &#38; Pendergast, P.S.
    9 Feb 2015 | 12:52 pm
    Sudden and violent car accidents can result in devastating head and brain injuries. According to the Centers for Disease Control and Prevention (CDC), traumatic brain injury (TBI) is a contributing factor in about 30 percent of all injury deaths. Victims of Seattle car accidents who survive with a brain trauma can experience lasting disabilities and impairments. While some victims of mild TBI recover within days or weeks, other victims of serious brain injuries never fully recuperate. Brain injury symptoms can include impaired memory, movement, thinking, sensation, and even functioning. No…
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    Farah and Farah Legal Blog

  • The Importance of Accident Reconstruction

    Farah & Farah
    23 Mar 2015 | 9:08 am
    There are a number of ways in which investigators review and evaluate the causes and circumstances of a car accident. In the event of a complicated accident involving a serious injury or death, a specialized reconstructionist may be needed to analyze the crash site and to identify the cause of the collision. These experts help determine the cause of a crash and help explain how the crash could have been prevented. Their observations and conclusions can prove useful in court and they can lead to changes in the way highways are maintained and vehicles are designed. When someone is killed or…
  • Penalties for Felony Convictions in Florida

    Farah & Farah
    19 Mar 2015 | 5:50 am
    The consequences of being convicted of a felony in Florida are severe. If you have been charged with a felony, you are facing time in prison, a heavy fine, parole and a mark on your record that can adversely affect every aspect of your life. A felony record can affect your ability to get a job, to finish school and even obtain a car or home loan. These types of cases must be fought head-on with the strongest possible defense. First, it helps to understand the type of charges you are facing. All felony convictions in Florida are punishable by more than a year of imprisonment, but there are…
  • GM Ignition Defect Linked to 64 Deaths

    Farah & Farah
    17 Mar 2015 | 10:50 am
    Since last August, GM has been accepting claims from victims and loved ones who have suffered a loss due to defective ignition switches. There have been 4,343 claims submitted to the compensation fund of which about 2,600 have been ruled ineligible and 1,571 are still under review. According to a recent USA Today news report, the number of families eligible for compensation because a defective ignition switch resulted in a fatality has increased from 57 to 64. That means that these faulty auto parts have killed at least 64 people. There are also 108 claimants who survived their injuries but…
  • Broward Circuit Judge Faces DUI Charges

    Farah & Farah
    9 Mar 2015 | 1:06 pm
    No Florida drivers are safe from harsh punishments when it comes to drunk driving. In one ongoing case, a Broward Circuit Judge is facing a suspension from her job and a $5,000 fine because of her recent DUI conviction. According to a news report in The Sun-Sentinel, Florida’s Judicial Qualifications Commission recommends that she keep her job after an unpaid 20-day suspension. She also must go through an alcohol treatment program and take an evaluation upon completion of her treatment. It is now up to the Florida Supreme Court to accept or deny the recommendations. This local DUI case also…
  • Heavy Trucking Accidents

    Farah & Farah
    20 Feb 2015 | 5:01 am
    Heavy trucks transport the goods that keep our economy running. According to the American Trucking Associations (ATA), three million truck drivers use nearly three million heavy trucks to move over 9.2 billion tons of freight annually. These powerful and heavy vehicles may be the lifeblood of our economy, but they are also capable of causing significant destruction to smaller vehicles. According to the National Highway Traffic Safety Administration (NHTSA), there were 3,921 people killed and 104,000 people injured in heavy truck accidents in the United States in the year 2012. That is a 4…
 
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    Pennsylvania Family Law Blog - The Law Offices of Sheryl R. Rentz

  • Custody Rights about to Change in Pennsylvania

    Sheryl Rentz
    9 Mar 2015 | 2:25 pm
    Under current Pennsylvania law, a convicted rapist can maintain parental rights over a child conceived through rape. Many believe that this is a large loophole in Pennsylvania law that must be closed before it hurts more sexual assault survivors. According to a WESA 90.5 news report, State Senator Randy Vulakovich and Representative Joe Hackett are introducing the Rape Survivor Child Custody and Support Act. If their bill becomes law, courts will have the authority to terminate the parental rights of a convicted rapist while preserving the rapist’s obligation to pay child support. This…
  • Tax Implications in a High End Divorce

    Sheryl Rentz
    16 Feb 2015 | 9:28 am
    If you have never gone through a divorce before, you may be unaware of all the potential consequences of your separation. For example, there are substantial tax implications to a divorce. In general, you can divide most of your assets without any federal income or even gift tax consequences, but there are exceptions to the rule. There is an opportunity to make tax-free transfers before a divorce and when a divorce becomes final. This means that you can receive tax-free treatment when exchanging stock and transferring vacation home ownership as long as the exchanges are made because of a…
  • Sherri Shepherd’s Surrogate Speaks Up

    Sheryl Rentz
    2 Feb 2015 | 11:19 am
    On September 12, 2013, Sherri Shepherd, the former host of “The View,” signed a 23-page contract to become the intended mother of a baby being carried by another woman. Shepherd wanted another child, but knew that carrying a baby would be difficult for her. According to a news report in Inside Edition, a 32-year-old surrogate mother was paid $25,000 to carry the baby for Shepherd and her husband, and the embryo was transferred to her uterus in November of 2013. Then, Shepherd and her husband separated and she allegedly lost interest in the baby. The surrogate gave birth in August…
  • Property Division in High Asset Divorce Cases

    Sheryl Rentz
    19 Jan 2015 | 12:41 pm
    One of the most important and complicated parts of a high-asset divorce is property division. There are many assets that both parties may want, such as businesses, cars, boats, collectibles, and furniture. There are also non-tangible items that may be coveted, such as bank accounts, trusts, stock options, patents, life insurance policies, retirement plans, and copyrights. Before you can even begin to divide these assets, you must identify them specifically, determine when the assets were acquired, and give each asset a value. Identifying property is not as easy as it sounds. Make a list of…
  • Lessons to Learn from Chris Rock’s Divorce

    Sheryl Rentz
    5 Jan 2015 | 10:30 am
    All divorce proceedings can prove stressful and complex. This is especially true when at least one of the spouses has a significant amount of wealth. To prevent contention and disagreement in the event of a divorce, Chris Rock and his then fiancé had signed a prenuptial agreement. This agreement, commonly known as a “prenup,” was designed to streamline the divorce and protect Rock’s finances. However, since they were married back in 1996, his agreement has expired. It is common in a prenup involving clients with large amounts of assets to have sunset provisions. These are…
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    McDonald Law Firm

  • Social Security Disability Legal Assistant

    Susan Kuehnhold
    19 Mar 2015 | 3:14 pm
    McDonald Law Firm is seeking an experienced legal assistant in the area of Social Security Disability. Must have excellent communication skills and be extremely detail oriented. This position entails the monitoring and coordination of social security disability intakes, initial applications, appeals and hearings. The position will require extensive interaction with a large database of clients. Only those who have substantial experience, are highly motivated and a self-starter should apply. References will be required and will be checked. Relocation expenses paid for experienced candidate.
  • Marketing Coordinator

    Susan Kuehnhold
    4 Mar 2015 | 2:46 pm
    Marketing Coordinator needed for large Fort Worth law firm. This is an extremely fast-paced environment where you will be working as part of a team as well as independently. Self-starter with meticulous attention to detail, plus the ability to complete tasks and meet tight deadlines is critical. The ideal candidate will have at least one to three years of marketing experience and an applicable degree. Requirements: Bachelor’s degree in Marketing or Communications One to three years of marketing experience Exceptional written and verbal skills Excellent organization and time management…
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    Bauer Crider & Parry

  • Criminal Defense for Pinellas County

    David Parry
    27 Mar 2015 | 10:23 am
    At Bauer, Crider, and Parry, we believe an aggressive, reputable lawyer is essential if you have been charged with any type of misdemeanor or felony offense in Pinellas County, Florida. Conviction of a criminal offense in Pinellas County can result in significant consequences including the loss of freedom, family, career, or reputable status within the […] The post Criminal Defense for Pinellas County appeared first on Bauer Crider & Parry.
  • Criminal Defense for Pasco County

    David Parry
    20 Mar 2015 | 12:10 pm
    At Bauer, Crider, and Parry, we believe an aggressive, reputable lawyer is essential if you have been charged with any type of misdemeanor or felony offense in Pasco County, Florida. Conviction of a criminal offense in Pasco County can result in significant consequences including the loss of freedom, family, career, or reputable status within the […] The post Criminal Defense for Pasco County appeared first on Bauer Crider & Parry.
  • Spring Broke 2015

    David Parry
    13 Mar 2015 | 1:56 pm
    This March hundreds of thousands college students will descend upon Florida and the Tampa Bay area for Spring Break. State law enforcement agencies and associations are to encourage spring breakers to have a safe celebration in Florida. The state’s beautiful beaches and numerous tourist attractions lure thousands of spring breakers every year, but bad decisions […] The post Spring Broke 2015 appeared first on Bauer Crider & Parry.
  • Aggressive and Professional Criminal Defense for Hillsborough County

    David Parry
    6 Mar 2015 | 9:45 am
    At Bauer, Crider, and Parry, we believe an aggressive, reputable lawyer is essential if you have been charged with any type of misdemeanor or felony offense in Hillsborough County, Florida. Conviction of a criminal offense in Hillsborough County can result in significant consequences including the loss of freedom, family, career, or reputable status within the […] The post Aggressive and Professional Criminal Defense for Hillsborough County appeared first on Bauer Crider & Parry.
  • Florida Now Enforcing “Doctor Shopping” Law

    David Parry
    27 Feb 2015 | 12:37 pm
    “Doctor shopping” refers to a patient requesting controlled substances from multiple physicians, often simultaneously, without making efforts to inform the other physicians of the multiple prescriptions. According to a 2013 study published in the journal PLoS One, one of every 50 prescriptions for addictive prescription painkillers in the United States is filled for so-called “doctor […] The post Florida Now Enforcing “Doctor Shopping” Law appeared first on Bauer Crider & Parry.
 
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    PA Law Blogs

  • FDA Warning Sparks Axiron Lawsuits

    Anapol Schwartz
    27 Mar 2015 | 7:14 am
    On March 3, 2015 the U.S. Food and Drug Administration (FDA) announced that warning labels on testosterone drugs, including Axiron, must include heart attack and stroke risks. The warning came too late for some men. Several men filed Axiron lawsuits after suffering from a heart attack or stroke while taking the popular low T drug. The Axiron lawsuits were combined into a centralized testosterone multidistrict litigation (MDL) in Chicago in June 2014. The MDL also includes Androgel lawsuits and claims filed against lesser known players in the $2 billion market. The Axiron lawsuits and the FDA…
  • Younger Adults More Likely to Worry about Vaccine Injuries

    Anapol Schwartz
    18 Mar 2015 | 8:12 am
    Until recently, the Centers for Disease Control (CDC) believed that measles was eradicated in 2000.  During the first 30 days of 2015, the CDC reported 102 cases of measles in 14 states believed to be linked to an outbreak in Disneyland. The United States is experiencing resurgence in measles because more parents are choosing not to vaccinate their children, Fox News reported. Although a recent study conducted by the PEW Research Center suggested that 83 percent of Americans believe the measles mumps and rubella (MMR) vaccine is safe for healthy children, younger generations are less likely…
  • New Restrictions for Nursing Home Negligence Lawsuits

    Anapol Schwartz
    12 Mar 2015 | 7:00 am
    West Virginia legislators recently passed a bill to extend medical malpractice liability caps to nursing homes, pharmacies and other health care providers. The bill was passed after the House rejected amendments that would have waived proposed noneconomic damage caps on medical malpractice lawsuits involving: Altered or falsified patient records Nursing home understaffing Felony or misdemeanor offences committed against a patient Medical malpractice lawsuits for nursing home negligence Supporters of the bill are comparing the current climate of nursing home negligence lawsuits to the medical…
  • Snow Removal Laws Impact Slip and Fall Lawsuits

    Anapol Schwartz
    9 Mar 2015 | 8:26 am
    Inclement weather during this time of year can be a nuisance for Pennsylvania residents. To make the winter less dangerous, property owners are required to treat snow and ice on their property within a reasonable time limit. Failure to do so exposes the property owner to liability for a slip and fall lawsuit. Remove snow quickly to prevent slip and fall injuries Local ordinances may dictate the amount of time in which a resident must address dangerous weather-related conditions affecting their property, as well as established Pennsylvania case law. Philadelphia property owners and tenants…
  • Jury Finds in Favor of Plaintiff in Risperdal Lawsuit

    Anapol Schwartz
    6 Mar 2015 | 1:05 pm
    A Philadelphia jury has handed down a $2.5 million dollar verdict against pharmaceutical giant Johnson & Johnson (J&J) in connection with a  Risperdal Lawsuit filed on behalf of a young man who developed gynecomastia as a result of taking the antipsychotic drug. Jury awards $2.5 million to Risperdal gynecomastia victim The 20-year-old plaintiff was just eight when he was prescribed Risperdal in 2002 by his pediatric neurologist to treat irritability caused by autism.  Unaware of the potential Risperdal side effects in children, the plaintiff developed severe male breast growth, a…
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    IMC Law Group

  • Bankruptcy Myths

    lawadmin
    18 Mar 2015 | 1:31 pm
    Creditors want to confuse or frighten you. Friends may have had bad information or correctly recall bankruptcy information that’s now outdated. Here are 10 myths about filing bankruptcy. Each and every one of them is wrong. Bankruptcy Myth: Bankruptcy relief is no longer available. Almost all of the relief available through bankruptcy before the changes to the law in 2005 survives in today’s bankruptcy code. It is a little more involved and somewhat more expensive, but it still works. Bankruptcy Myth: You can’t file bankruptcy if you have a job. The new “means…
  • MODIFYING YOUR MORTGAGE

    lawadmin
    18 Mar 2015 | 1:28 pm
    DO YOU HAVE A HAMP LOAN MOD WITH AN ADJUSTABLE INTEREST RATE? IF SO, IT’S TIME TO LOOK INTO MODIFYING YOUR MORTGAGE AGAIN Mortgage-finance companies Freddie Mac and Fannie Mae said that they are changing the way they modify some loans in anticipation of an influx of borrowers struggling to make payments on loans with rising interest rates, The Wall Street Journal reported yesterday. The affected borrowers previously received loan modifications through the government’s Home Affordable Modification Program. Since modifications typically lowered borrowers’ interest rates for five years…
  • Mortgage Modification

    lawadmin
    25 Feb 2015 | 11:41 am
    Myth Busting: Mortgage Modification Edition Aside from handling bankruptcy filings, I have been zealously assisting clients with mortgage modifications since the housing market crash of 2008. I can tell with over 95% certainty whether or not you will qualify for a mortgage modification and what the terms of the loan modification will be. My clients have received amazing loan modifications including reductions in principal balances and incredibly low interest rates. To ensure that you get a great mortgage modification the office uses the latest in detailed forensic analysis. It is a full-time…
  • Can I Keep My Tax Refund When I File for Bankruptcy?

    lawadmin
    24 Feb 2015 | 12:01 pm
    The short answer is YES! You get to keep your tax refund whether you file a Chapter 13 Bankruptcy or a Chapter 7 Bankruptcy. The Bankruptcy Trustee and/or Bankruptcy Court are not going to take your tax refund and use it towards paying your creditors. In a bankruptcy case, a certain amount of your assets are protected by exemptions. For an anticipated tax refund or tax refund that you have already received, the exemption under United States Bankruptcy Code (U.S.C.) § 522(d)(5) applies. It is known as the “wildcard” exemption. All you need to keep in mind is that a single person can…
  • Loan modification terms

    lawadmin
    2 Feb 2015 | 9:46 am
    Loan modification terms Loan mod Loan modification Mortgage mod Mortgage modification Forbearance Hardship letter HAMP HARP FHA Loan/mortgage modification Fannie mae loan modification Debt to income ratio Principal reduction Principal forbearance Trial modification Trial mod payments Remodify How do I get a 2% loan mod How do I get a Hamp Tier 1 Modification? Notice of Intent to Foreclose Preforeclosure Letter  
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    SEC Lawyers Blog

  • Sonn|Erez Investigating Claims Involving Former SagePoint Financial Broker Daryl Richard Lemon

    26 Mar 2015 | 8:02 am
    Sonn|Erez is investigating claims regarding Daryl Richard Lemon (CRD #2473133, Los Angeles, California). Lemon recently submitted an AWC in which he was barred from association with any FINRA member in any capacity. See FINRA Case #2013036632201. Lemon was associated with SagePoint Financial, Inc. (Culver City, CA) from October 2005 until his termination in July 2013. The Form U-5 filed by SagePoint to terminate Lemon's registration states that Lemon "failed to report funds received from a client. Rep received funds from client that did not relate to any account or business at the firm.
  • Sonn|Erez Investigating Claims Involving Former Oppenheimer Broker Frederic J. Jouhet

    24 Mar 2015 | 7:45 am
    Sonn|Erez is investigating claims regarding Frederic J. Jouhet (CRD #3014239, Shelby Township, Michigan). Jouhet recently submitted an AWC in which he was a fine of $7,500 and suspended from association with any FINRA member in any capacity for 30 days. See FINRA Case #2013036705801. Jouhet was associated with Oppenheimer & Co., Inc. (Birmingham, MI) from March 2006 until January 2013. FINRA found that Jouhet engaged in private securities transactions without providing written notification to Oppenheimer describing the securities transactions and the role he played in them. In February 2006,…
  • Sonn|Erez Investigating Claims Involving Former City Securities Corp., Broker Susan Lynne Ellerbrook

    21 Mar 2015 | 8:12 am
    Sonn|Erez is investigating claims regarding Susan Lynne Ellerbrook (CRD #2601238, Greenwood, IN). Ellerbrook recently submitted an AWC in which she was assessed a deferred fine of $10,000 and suspended from association with any FINRA member in any capacity for two months See FINRA Case #2013039612601. Ellerbrook was associated with City Securities Corp. (Indianapolis, IN) from July 2002 until her termination in January 2014. The Form U-5 filed by City Securities to terminate Ellerbrook's registration states that she was "permitted to resign" because she "failed to comply with company policy…
  • Sonn|Erez Investigating Claims Involving Former Merrill Lynch Broker Michael Richard Crow

    18 Mar 2015 | 7:27 am
    Sonn|Erez is investigating claims regarding Michael Richard Crow (CRD #57845, San Jose, California). Crow recently submitted an AWC in which he was assessed a deferred fine of $7,500 and suspended from association with any FINRA member in any capacity for 30 business days. See FINRA Case #2013039162501. Crow was associated with Merrill Lynch, Pierce, Fenner & Smith Inc. (San Jose, California) from September 1978 until his termination in November 2013. The Form U-5 filed by Merrill Lynch to terminate Crow's registration states that he was "discharged" for "conduct involving the exercise of…
  • Sonn|Erez Investigating Claims Involving Former Ameriprise Broker Ted Wayne Cadwallader

    16 Mar 2015 | 7:12 am
    Sonn|Erez is investigating claims regarding Ted Wayne Cadwallader (CRD #3256070, North Tonawanda, New York). Cadwallader recently submitted an AWC in which he permanently was barred from association with any FINRA member in any capacity. See FINRA Case #2014042259701. Cadwallader was associated with Ameriprise Financial Services, Inc. (Getzville, NY) from August 1999 until his termination in October 2014. The Form U-5 filed by Ameriprise to terminate Cadwallader's registration states that "advisor was terminated for compliance policy violations relating to outside business activities and…
 
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    Broward Injury Lawyer Blog

  • Book v. Voma Tire Corp. - Injury Lawsuit Against Tire Company to Proceed

    26 Mar 2015 | 8:06 am
    So many of the products we buy and use every day are manufactured outside the U.S. While these products must adhere to certain safety standards, sometimes they fall short, resulting in injury. Pursuing litigation against foreign companies can pose challenges, as the recent case of Book v. Voma Tire Corp. et al. illustrated. The case, before the Iowa Supreme Court, almost did not make it to trial, at least where one foreign company was concerned, due to an alleged lack of jurisdiction. Jurisdiction is the right of a court to oversee a lawsuit against an individual or business. A foreign…
  • Florida Parasailing Injury Settlement Reached

    22 Mar 2015 | 12:28 pm
    Florida is a welcome respite for visitors from around the world, and the widespread availability of watersports is a major draw. Unfortunately, those who offer excursions such as wakeboarding, parasailing or scuba diving sometimes put profits before people. That is what was alleged in a horrific July 2013 parasailing accident in which two teen girls, both 17, were left in critical condition after their parasail snapped from the boat while they were in mid-air. The girls continued to soar through the air on 35-mile-an-hour winds that caused them to be thrown against the 13th floor of a…
  • Crusoe v. Davis - Police Report as Hearsay in Car Accident Lawsuit

    14 Mar 2015 | 1:04 pm
    In some civil cases, there may exist a relevant police report. An example would be an accident report generated by a police officer following a crash. Whether that report will be allowed admission into evidence will likely depend on whether the report contains hearsay. What the court does not want is a "he-said-she-said" situation involving statements made out of course. In order to overcome these hurdles and secure admission into evidence, plaintiffs may need to seek a qualified exception. Per state and federal rules of evidence, this usually means it must be proven the report was prepared…
  • Peninsula Logistics v. Erb - Truck Accident Liability Waived

    12 Mar 2015 | 12:23 pm
    Commercial truck accidents can result in major property damage and serious injuries to those involved. What often surprises many victims is the fact that because truck drivers are often independent contractors, it can be difficult to hold trucking companies - or insurers - liable for damages. In many cases, victims are dealing not only with the truck driver, but also the owner of the truck, the owner of the rig and the agency that connects truck drivers with various assignments. The organizational structure can seem convoluted, but there is a reason for it: To reduce the potential for…
  • Glaze v. Chick-Fil-A - Florida Slip-and-Fall Lawsuit Stumbles on Law Change

    10 Mar 2015 | 1:34 pm
    Prior to 2010, the burden of proof for plaintiffs in slip-and-fall lawsuits in Florida was much lower. One needed to prove only the plaintiff encountered a slippery foreign substance on the ground, fell as a result and suffered injury. However, the new statute placed a greater responsibility on the injured person to prove the business knew or should have known about the existence of the substance that proximately caused the fall, and also that the business failed to clean it up. This has meant slip-and-fall accident claimants have a higher hurdle to overcome in proving their case. However,…
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    Marketing Attorney Blog

  • LPT -- Law Firm Management Struggles with Multigenerational Issues

    18 Mar 2015 | 8:14 am
    The March 2015 issue of Law Practice Today (LPT) focuses on the theme of multigenerational and multicultural issues at law firms. As Editor in Chief of LPT, I wanted to also serve as the issue editor for this particular topic. It is an interesting one that seems to creep into conversations at my law firms and in bar activities on a daily basis. It is a struggle, and it simply can't be ignored. Depending on the size and makeup of your firm, you might have traditionalists, baby boomers, generation X and Millennials in the mix. Many articles provide the definitions and traits tied to each. They…
  • The Legal Intelligencer--Major Changes Could Be in Store for Law Firm Websites

    9 Mar 2015 | 8:39 pm
    In today's edition of ALM's The Legal Intelligencer, reporter Gina Passarella writes on Major Changes Could Be in Store for Law Firm Websites. She spoke to me about the state of law firm websites in general and the new K&L Gates Hub in particular. K&L Gates describes their new "hub" as "a digital destination for timely insight on critical issues at the intersection of business and law. Whether you are in a legal department or are a C-suite executive, we hope you will find our current insight on industry and legal trends to be a valuable resource." It is not designed to replace the regular law…
  • LP Magazine -- Effectively Managing and Maintaining Your Online Portfolio

    5 Mar 2015 | 2:02 pm
    In the March/April 2015 issue of the ABA's Law Practice magazine, my topic is relevant to pretty much every practicing attorney (not to mention almost every human being on the planet). What does your online portfolio look like, and why should you care? Every week, I will meet, speak with or e-mail a prospective client. While I will send them my own crafted biography, links to my website and blog, and additional information--what they will often be more interested in is what they find when doing a search for my name. With a somewhat unique first and last name, what they see will almost always…
  • Ted Olson Keynotes ABA New Partner Institute in DC - April 17th

    20 Feb 2015 | 11:11 am
    Since the inception of the ABA New Partner Institute in 2011, I have had the privilege of serving on the planning board and speaking on business development each year. While many law firms provide excellent professional development to its attorneys from summer associate through associate and ideally partnership, ABA New Partner provides something unique that you can't get in-house--different firm perspectives and philosophies, and the opportunity to network with fellow new partners from around the country--new partners eager to help one another build a bigger book of business. This year, for…
  • Legal Talk Network Podcast: The Legal Advertising Landscape

    17 Feb 2015 | 12:30 pm
    If you would like to hear a short podcast discussing how legal advertising has changed due to the internet and social media, how to launch a successful marketing campaign without getting into trouble with state bars, and some advice to small and big firms about advertising in certain practices and geographic regions, LISTEN HERE to the podcast on the Legal Talk Network. Thanks to interviewer Jason Marsh, Adriana Linares and the LTN team for the opportunity to chat during the ABA Midyear Meeting in Houston, Texas.
 
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    Dallas Divorce Law Blog

  • Texas Divorce Statistics January 2015

    Michelle O&#039;Neil
    3 Mar 2015 | 6:00 am
    This from the Office of Court Administration, divorce filings in Texas account for 89% of all cases filed in the District Courts. In the fiscal year 2014, there were 111,409 divorces filed in Texas district courts out of a total of 125,588. Overall, the divorce rate per 1,000 people was 4.7 (meaning 4 or 5 people out of 1,000 got divorced in 2014). This statistic is down 30% over 1995 statistics, which showed 6.7 out of 1,000 people got divorced. The Office of Court Administration is doing some good work with the memes on various court-related statistics.  See more at their website.
  • Same Sex Marriage in Texas… Yes, Then No

    Michelle O&#039;Neil
    23 Feb 2015 | 6:22 am
    Last week was a crazy time in Texas for proponents of same sex marriage.  Here’s a timeline of the events that occurred last week: On Tuesday morning, a probate judge in Travis County declared the Texas definition of marriage unconstitutional in a private probate proceeding. On Tuesday night, the Texas Attorney General intervened in the probate suit and filed an emergency mandamus in the Texas Supreme Court, requesting to stay the proceeding and overturn that ruling. Read Texas Attorney General’s Petition for Writ of Mandamus here;  Texas Attorney General’s Emergency…
  • Michelle O’Neil authority on Texas’ same sex marriage rulings

    Michelle O&#039;Neil
    21 Feb 2015 | 9:31 am
    I participated in several media interviews pertaining to the events between Tuesday Feburary 17 and Thursday February 19, 2015 on Texas first legal same sex marriage between a lesbian couple in Travis County, Texas. Here are the links to my interviews that aired on Tuesday, Thursday and Friday: Channel 11 Probate Judge Rules Texas Ban … Continue Reading
  • Travis County Rules Same Sex Marriage Ban Unconsitutional, Part 2

    Michelle O&#039;Neil
    18 Feb 2015 | 7:37 am
    I reported yesterday on the Travis County Probate Judge’s ruling that Texas’ ban on same sex marriage is unconstitutional.  See Travis County Probate Judge Declares Same Sex Marriage Ban Unconstitutional.  Andrea Lucia @CBS11Andrea interviewed me regarding the ruling as part of her report on KTVT CBS 11.  See the video of the report here.  Let me know what you think is the effect of the ruling? Do you have a guess as to when the 5th Circuit’s ruling may come down?    
  • Travis County Probate Judge Declares Same Sex Marriage Ban Unconstitutional

    Michelle O&#039;Neil
    17 Feb 2015 | 4:51 pm
    Today Judge Guy Herman of Travis County Probate Court Number 1 ruled that Texas ban on same sex marriage is unconstitutional. See the Order here. This ruling comes from a probate matter pending after one same sex spouse, Stella Powell, passed away from colon cancer without a will.  Her spouse, Sonemaly Phrasavath, sought to have their relationship recognized as a common law or informal marriage under the laws of the State of Texas.  On the other side, Powell’s siblings sought to inherit Powell’s property because they allege that Powell and Phrasavath were not legally married in…
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    Massachusetts Drug Injury Lawyers Blog

  • First Risperdal Injury Jury Trial Against Johnson & Johnson Results in $2.5M Verdict

    Altman &#38; Altman
    5 Mar 2015 | 4:36 pm
    Johnson & Johnson must pay the family of Austin Pledger $2.5 million for complications he sustained while taking Risperdal as a boy at age seven in 2002. Pledger, who was Autism, developed Gynecomastia. At one point, because of the abnormal breast growth, Austin’s breasts grew to a size 46 DD. This Risperdal injury case is the first one to go to trial. J & J’s Janssen unit, however, is adamant that unlike what Pledger’s family and other plaintiffs are claiming, the medication’s Food and Drug Administration-approved label did properly warn about the possible risks. They…
  • Johnson & Johnson Settles Four Transvaginal Mesh Cases

    Altman &#38; Altman
    6 Feb 2015 | 9:07 am
    Johnson & Johnson, the parent company of transvaginal mesh manufacturer Ethicon, has agreed to settle four mesh implant injury lawsuits. These are the first of many settlements filed against the J & J unit involving claims alleging that its mesh medical device caused injury to thousands of women. There are about 23,000 transvaginal mesh cases pending against the company right now. The terms of the settlements reached are confidential. However, J & J was clear to note that the resolutions are not an admission of wrongdoing related to the making or marketing of the mesh implant…
  • Lipitor Injury Lawsuits Against Pfizer Blame the Drug for Diabetes

    Altman &#38; Altman
    9 Jan 2015 | 3:33 pm
    More women are continuing to come forward, accusing pharmaceutical company Pfizer of not giving them proper warning that taking cholesterol drug Lipitor might cause them to develop type 2 diabetes. In their Lipitor diabetes lawsuits, the plaintiffs claims that the drug manufacturer was aware of these side effects but did not act to make sure that the public knew about them, too It wasn’t until 2012-six years after Lipitor entered the market-that the U.S. Food and Drug Administration demanded that manufacturers of drugs that lower cholesterol, also known as statins, modify their labeling…
  • Consolidation of Xarelto Injury Lawsuits Gets Opposition from Bayer, Johnson & Johnson

    Altman &#38; Altman
    5 Dec 2014 | 1:03 pm
    Johnson & Johnson (JNJ) and Bayer AG (BAYN) are combatting efforts to consolidate Xarelto injury lawsuits filed by plaintiffs who claim that the blood thinner caused patients to suffer fatal bleeds. Bayer makes the medication, and J & J owns the rights to the drug in the United States. Some 65 fatalities are being blamed on the drug, which does not have an antidote. Some patients say that they began to bleed internally and so profusely that they ended up going to the hospital. The plaintiffs contend that the defendants played down the risks involved with taking Xarelto. They are…
  • Hundreds of Risperdal Lawsuits Blame Drug For Causing Gynecomastia in Males

    Altman &#38; Altman
    18 Nov 2014 | 4:33 pm
    The number of Risperdal lawsuits continues to grow, with many of the plaintiffs blaming the drug for causing gynecomastia, which is male breast growth. Janssen Pharmaceuticals and Johnson & Johnson are accused of hiding the serious health risks involved with taking Risperdal and improperly marketing the drug for uses that are considered “off-label” for kids. Janssen is a J & J unit. In Massachusetts, please contact our Boston Risperdal injury lawyers if you think that you or your child suffered serious side effects from taking this medication. The drug, launched in the…
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    New York Real Estate Lawyers Blog

  • The Spring Real Estate Market- Timing is Everything

    27 Mar 2015 | 6:01 am
    In the New York metropolitan area, the residential real estate market is often seasonal. During the holidays between Thanksgiving and New Years Day, most sellers do not list their properties for sale or may remove their home from active listing status. During the winter months, most buyers are reluctant to be exposed to the cold weather and the snow to view properties. Fortunately, all of this changes with the approach of spring. The inventory of homes increases as more properties are listed and additional purchasers are looking to enter transactions. Both parties to transactions, who will…
  • The Disposition of Housing of the Deceased

    20 Mar 2015 | 6:00 am
    Many people who pass away also leave behind the place in which they resided. The housing could be a rental apartment, a cooperative or condominium unit, or a house. The deceased may not necessarily have resided in the property immediately before death if they went to assisted living or a nursing home. This blog post will address the legal and practical matters arising from housing of the deceased. If the person lived in a rental apartment, it remains to be determined whether the rental was rent-regulated or not. A rent-regulated apartment could be either rent controlled or rent stabilized and…
  • Foreclosure Settlement Conferences in New York State

    12 Mar 2015 | 9:29 am
    Our firm handles many cases in which the client is being sued for foreclosure of their property. In general, a foreclosure lawsuit involves a mortgage loan which has been recorded as a lien against real property, such as a house or condominium unit. Please note that cooperative apartments involve ownership of shares in the cooperative corporation, and therefore are not subject to the judicial foreclosure process. Due to the large volume of foreclosures in New York in recent times, and the desire to protect homeowners, a law was passed in New York State several years ago requiring mandatory…
  • Managing Disputes Concerning Fixtures and Personal Property in New York Real Estate Closings

    6 Mar 2015 | 8:36 am
    Many parties to real estate transactions focus not only on the house or the apartment that is involved in the transaction, but also on fixtures and items of personal property. Should a buyer expect that all lighting fixtures are included in the deal? What if a seller wants to take certain items with him? This post will address these issues. In New York, generally a seller will remove all easily movable items from the apartment or house being sold. These items include furniture, clothing, personal articles and the like. Of course, a buyer will want the seller to remove these items before…
  • Debts of the Deceased

    25 Feb 2015 | 6:01 am
    Every person who dies, whether wealthy or not, will owe money. Whether there is a credit card balance outstanding or estate taxes due to the State of New York, most people will leave this world with a financial obligation of some type. The questions to be addressed in this blog post involve how the fiduciary of the estate should address such debts and whether the fiduciary is personally responsible for the debts. Also, should debts of the deceased be deducted from estate proceeds before distribution to beneficiaries? The first step is to analyze the types of potential debts. There are secured…
 
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    Wisconsin Probate & Estate Planning Blog

  • Charitable Giving and Financial Fraud

    Krause Donovan Estate Law Partners
    25 Mar 2015 | 12:28 pm
    Charitable Giving and Financial Fraud Most of us think about charitable giving around tax time; however, charitable giving continues all year long. The thought that we could be in need one day, just as the people we are helping, is a huge motivator for some. Others feel that it is their “duty” as Americans to help their fellow citizens while others simply see it as the “right” thing to do. In times of devastation or tragedy, Americans have always been very generous with their charitable giving. Whether it is because of a person’s faith, civic duty or sympathetic nature, most…
  • Planning for Long-Term Care of Veterans and Surviving Spouses with VA Benefits

    Krause Donovan Estate Law Partners
    27 Feb 2015 | 9:11 am
    When a wartime veteran or a surviving spouse needs long-term care, VA benefits will help pay for this long-term care. Many families are not aware they may be entitled to receive these long-term care benefits from the Veterans Administration. Below are some examples of VA benefits that you may be entitled to receive as a wartime veteran or a surviving spouse that can help you pay for much needed long-term medical and personal care. Pension with Aid and Attendance is intended to help pay for medical and personal care for veterans and surviving spouses who need assistance with daily activities…
  • Estate Planning Issues for Women

    Krause Donovan Estate Law Partners
    17 Feb 2015 | 6:57 am
    Most women do not consider estate planning until they are married; however, it is important for women to have an estate plan in place regardless of whether they are married or single. Many women have children without being married; therefore, it is extremely important that they consult with an estate planning attorney to ensure that their children will be taken care of in the event of their death or incapacity. However, even for single women who have no children, estate planning is something they should consider to ensure their final wishes are carried out in the event of their death or…
  • Choosing a Trustee Who Will Carry Out Your Wishes

    Krause Donovan Estate Law Partners
    12 Feb 2015 | 7:00 am
    Choosing a Trustee Who Will Carry Out Your Wishes Choosing a trustee to manage your trustee is a very important decision. The very fact that the word “trust” is a part of the title given to this person implies that your trustee should be someone that you trust completely. The reason you must trust this person is, depending on the type of trust you establish, that your trustee can perform financial duties on your behalf that could have a huge impact on your financial well-being. For example, you may give your trustee the power to buy and sell property, collect income on your behalf, pay…
  • Estate Planning Tips for Young Families

    Krause Donovan Estate Law Partners
    5 Feb 2015 | 8:39 am
    Estate Planning Tips for Young Families When we are young, we think that we have all the time in the world to do “adult” things such as planning for retirement, saving for a home, preparing for a family and planning for emergencies. Planning for our death is not even on our radar as we do not consider that a remote possibility because we are young, healthy and in the prime of our life. However, we go to sleep one day and wake up with three young children, a mortgage, two car payments and more responsibilities than we could ever imagine. By the time we being to think about estate planning,…
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    San Diego Divorce Lawyer Blog

  • California Court Had Jurisdiction to Hear Child Support "Application"

    24 Mar 2015 | 1:41 pm
    Most divorce proceedings that involve children tend to address the issue of child support, as well as custody and visitation. Local courts and state agencies alike take very seriously the matter of support, and will even step in to ensure that the responsible parent follows through with his or her court-ordered financial obligation to a child. In some unique cases, the divorced parents live in separate states or countries, and need assurances that they can seek and enforce a support order, no matter where the responsible parent resides. Fortunately, there are laws that address this situation.
  • California Court Holds Custody Order Not Appealable Under the Law

    17 Mar 2015 | 1:47 pm
    Family law cases come in all shapes and sizes; no two divorce proceedings are alike. But certain aspects of divorce are fairly predictable, especially when you know what to expect. The California Family Code, in conjunction with established case law, governs most procedural and substantive issues that may arise. Some of the more common items include the division of marital property, child custody disputes and spousal support. It is important to understand how these laws will impact the circumstances of your case, and particularly, your family's rights down the road. The best way to ensure…
  • California Court Upholds Marital Settlement Agreement Covering LA Dodgers'-Related Assets

    10 Mar 2015 | 5:48 pm
    The division of marital assets is often a contentious part of a divorce proceeding. Since California is a "community property" state, this is an extremely important phase in cases arising in this jurisdiction. According to Section 2601 of the Family Code, all property (including assets and debts) accumulated during the marriage is subject to equal division between the separating spouses. In order to identify, characterize, and value the assorted property, spouses are first expected to make sufficient disclosures under the law. Courts have the authority to set aside a judgment if one party…
  • California Court Emphasizes Importance of Procedural Law in Child Support Case

    3 Mar 2015 | 12:32 pm
    State law governs virtually every aspect of a divorce proceeding. Each state has its own "family law code" and code of civil procedure that dictate in large part the course of a case. The importance of adhering to each and every legal requirement cannot be overstated, especially when your family's future is involved. Matters concerning child support are particularly regulated, due to the importance of a child's welfare and inability to advocate for him or herself. Various local agencies have the authority to step in if there are complaints about one party's failure to make child support…
  • California Court Finds Community Property Omitted From Divorce Judgment

    24 Feb 2015 | 1:40 pm
    Dividing up marital assets, or "community property" as it is known in California, is an extremely important part of any divorce proceeding. In addition to identifying, characterizing, and valuing such assets, both spouses must be confident that they have tallied the entire lot of marital property. In some cases, either intentionally or otherwise, parties may fail to disclose certain assets during this stage of the proceeding. Unfortunately, it is not uncommon for spouses to try to conceal or disguise would-be marital assets, thereby depriving the other spouse of their rightful financial…
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    The EmpLAWyerologist

  • When Isn’t Your Employee Eligible for FMLA Leave?

    theemplawyerologist
    26 Mar 2015 | 7:27 am
    It seems you can’t get through a day without hearing or reading a story about an FMLA claim–and small wonder at that. The FMLA is very complex, and fraught with traps for even the most well-intentioned employers. Most stories seem to involve FMLA interference or retaliation claims. These stories, of course, pre-suppose that the employee is entitled to FMLA leave. FMLA entitlement is not a given, however. Your employee may request time off to take care of his/her own or a family member’s medical condition, but you may not be obligated to give and s/he may not be entitled to…
  • Breaking News: Employers Can’t Treat Pregnancy Worse Than Other Temporarily Disabling Conditions

    theemplawyerologist
    25 Mar 2015 | 6:31 pm
    Today the US Supreme Court handed down its decision in UPS v Young, known to many as “The Pregnancy Discrimination Act Case”. For a review of the facts, click here.   While the ruling is essentially favorable to Ms. Young and those who advocate for pregnant workers’ rights, it is not exactly a slam-dunk. Unless the parties settle, the case will not be over for some time. Join The EmpLAWyerologist after the jump to learn (at least summarily) what the Supreme Court said and what it means… I am not going to review all facts here–but we do have to review a little…
  • Severance Agreements, COBRA and the ACA

    theemplawyerologist
    19 Mar 2015 | 4:00 am
    By now you know that a number of different laws (and governing bodies) impact your severance arrangements. You know that  waivers need to withstand EEOC scrutiny (click here for a review) and that your arrangement may be subject to ERISA (click here and here for a review.) Many employers when crafting severance arrangements and  agreements focus on the amount of severance pay, the waiver, stock options and continuation of health benefits for a certain amount of time. Is that enough? If you provide a former employee two months of benefits, can’t s/he continue benefits under COBRA? It…
  • Should You Create an ERISA Severance Plan?

    theemplawyerologist
    12 Mar 2015 | 4:00 am
    Last week we looked at whether your severance arrangement might in reality be an ERISA severance plan. Click here if you missed it. Let’s re-visit our fictitious employer, Wonderful Widgets (or W.W). W.W may or may not have inadvertently created a severance plan, subject to ERISA. That may not be a bad thing, though. Why might W.W. want to create such a plan? Alternatively, why might it be better not to? Are there some do’s and don’ts for employers in either scenario? That’s our topic for the week–after the jump… Why might W.W. want to create an ERISA…
  • Wait! Stop! Is Your Severance Arrangement Subject to ERISA?

    theemplawyerologist
    5 Mar 2015 | 5:09 am
    Suppose your company, Wonderful World of Widgets, Inc., finds itself needing to lay off some employees. You are tasked with effectuating the terminations, making sure they go smoothly, including offering severance benefits. You read The EmpLAWyerologist’s previous posts on severance agreements (click here, here, here and here for review). You have taken those points to heart and even gone beyond that, offering a package that you believe will take care of your terminated employees. But wait. There may be more. Could the benefits you have offered be subject to ERISA? Let’s take a…
 
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    Kessler Law Firm

  • Paying It Forward Like Johnny Appleseed

    admin
    6 Mar 2015 | 11:45 am
    I am embarking on a journey, a campaign, if you like, a sort of Johnny Appleseed-like endeavor. One of America’s fondest legends is that of Johnny Appleseed, a folk hero and pioneer apple farmer in the 1800’s. There really was a Johnny Appleseed and his real name was John Chapman. He was born in Leominster, Massachusetts in 1774. His dream was to produce so many apples that no one would ever go hungry. Although legend paints a picture of Johnny as a dreamy wanderer, planting apple seeds throughout the countryside, research reveal him to be a careful, organized businessman, who over a…
  • Joe McCallum Gets Out Of Prison Today

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

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

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

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

  • Maybe Not the Best Defense, or, Why a Gratuity is Not a Bribe, or Honest Services Fraud

    25 Mar 2015 | 3:00 pm
    The Seventh Circuit's opinion in United States v. Hawkins - written by Easterbrook - presents a fascinating legal defense. When is getting money from someone for side benefits from the government bribery and when is it fraud? Mr. Hawkins and his co-defendant Mr. Racasi worked in Chicago for the Board of Review - the entity that hears tax assessment appeals. They took money from a cop - Haleem - who they thought was dirty and, in fact, was - he was so dirty he was acting as an undercover officer to work his time down on some other criminal conduct of his. It is an interesting question whether…
  • Short Wins - The Flight Attendant Edition

    17 Mar 2015 | 12:45 pm
    This week's favorite Short Win is United States v. Gray. I say this less because of the legal issue involved - a jury instruction for "malice" - than for how much fun the opinion is to read. Here's the opening: Words are slippery things. Take "malice," its legal definitions alone can encompass: the intent to commit a wrongful act, reckless disregard for the law, ill will, wickedness of heart, and the intent to kill. See Black's Law Dictionary 968-69 (7th ed. 1999). But can malice's fifty shades of meaning include "improper motive?" Former flight attendant Nancy Gray, convicted of providing…
  • Restitution and Very Large Legal Fees

    16 Mar 2015 | 9:46 am
    Restitution may be the most important issue that most criminal defense lawyers are uninterested in litigating. Folks who practice in the criminal space - even the white-collar space - tend to see themselves as a champion of liberty. They care about freedom and justice. They are significantly less interested in fighting over money. Nonetheless, money is an important thing in many people's lives. And, if a person is convicted of a crime, the government will try to take their money too - either through a fine, a forfeiture judgment, or restitution. The Second Circuit, in United States v. Cuti,…
  • Short Wins - the Third Level Edition

    2 Mar 2015 | 10:40 am
    The third level for acceptance of responsibility is interesting - it's one area where some courts have held the government has pretty much unfettered discretion to decide whether or not it should apply. Basically, a person is supposed to get the third level only if she's pled guilty early enough to keep the government from working. Though some U.S. Attorney's offices are more or less stingy about how early is early enough. Regardless, it can be hard to overcome an unreasonable government position on the applicability of the third-level for acceptance. Which is why I was glad to see United…
  • The Seventh Circuit Continues to Make Entrapment Meaningful

    12 Feb 2015 | 2:55 pm
    Entrapment is making a comeback. As a defense I mean. It started making a comeback as a government tactic shortly after September 11 before it migrated to the non-national security law enforcement world. And the Seventh Circuit appears to be the new home of the entrapment defense as it rises, phoenix-like, on the shores of Lake Michigan. In United States v. Barta, the Seventh Circuit again affirmed the new strength of an entrapment defense in that part of the country. If you remember one quote from this opinion, remember this one: "The point is that the government is supposed to catch…
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    Boston Injury Lawyer Blog

  • Bankruptcy and Your Personal Injury Case

    25 Mar 2015 | 12:48 pm
    When a serious personal injury or death strikes a family, financial peril often follows. The death or disability of a primary wage earner can mean the rent or mortgage goes unpaid, credit card debt balloons far beyond the ability to make even minimum payments and uninsured medical and other expenses mount. We've had many clients in this situation consider bankruptcy as a means to obtain relief from their debts. Whether a Chapter 7 (liquidation) or Chapter 13 (wage-earner) bankruptcy, the filing of a bankruptcy petition by a victim with a personal injury claim affects both the bankruptcy and…
  • Stryker Hip Claims Settlement Deadline Approaches

    13 Mar 2015 | 9:17 am
    On November 3, 2014, Howmedica Osteonics Corp. (Stryker) announced a National Settlement Program for patients meeting certain criteria who had received these Stryker implants. Stryker invited patients affected by the recalled Rejuvenate and ABG II hip systems to participate with the condition that substantially all eligible patients participate. The settlement program is only available to those patients who have had their Stryker implant removed prior to November 3, 2014; who registered with the program online by December 16, 2014; and who enroll in the program by a deadline which has now…
  • Lumber Liquidators' Products May Contain Toxic Amounts of Formaldehyde

    9 Mar 2015 | 10:46 am
    By now, almost every consumer has seen the ubiquitous Lumber Liquidators commercials advertising their hardwood laminate flooring. The company is actually the largest retailer of hardwood flooring and its stock price has risen almost ten fold since 2011. Certain products of Lumber Liquidators, however, may be very dangerous to consumers, especially small child. In an expose that aired on March 1, 2015, CBS' 60 Minutes revealed that laminate flooring made in China for Lumber Liquidators can contain up to 20 times the level of formaldehyde allowed under the law of some states, namely…
  • Removing Snow and Ice from Your Vehicle

    2 Mar 2015 | 11:25 am
    This record-setting New England winter has brought about many headaches to daily drivers, and plenty of important issues for Massachusetts personal injury attorneys to talk about. Drivers must navigate through snow and ice covered roads and meticulously around potholes that can all but swallow the front end of a vehicle; they must deal with the reduction in the number of navigable travel lanes (and therefore an increase in commuting time); and they must be aware of snow banks so high that it is nearly impossible to see pedestrians until they suddenly emerge onto the roadway (hopefully in a…
  • Why Does the Law Hold Bars and Taverns Liable for Personal Injuries and Deaths Caused by Drunk Drivers?

    19 Feb 2015 | 7:49 am
    Some of the most regularly occurring and senseless tragedies in our society occur when alcohol and driving are combined. In the press, these tragedies often play out with calls for justice against the drunk drivers, and stories of repeat offenders who have been given lenient sentences. Literally every day, the criminal courts struggle with what to do with drunk drivers who have endangered others. Handing down justice to drunk drivers who have caused injuries or death in the form of prison sentences, community service, and counseling is the only tool the criminal courts have to address what…
 
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    South Florida Criminal Attorneys Blog

  • Florida Connection to Silk Road Case, Bitcoin, Money Laundering and More

    Michael B. Cohen, P.A.
    3 Mar 2015 | 1:56 pm
    In late January, a U.S. District Judge sentenced a Cape Coral, Florida man to four years in federal prison and the forfeiture of almost $1 million after he pleaded guilty to the charge of tax evasion. Robert Faiella accepted the plea which was the lesser of the allegations charged against him for his role in a case that has direct ties to the headline grabbing “Silk Road” case that came to a conclusion in early February. Faiella’s codefendant, Charlie Shrem was sentenced to two years behind bars for the same crime just one month before this latest plea deal was accepted.
  • Eight Arrested in Offshore Gambling Ring with Connection to Organized Crime

    Michael B. Cohen, P.A.
    16 Feb 2015 | 12:14 pm
    After an investigation that went on for over half a year, eight South Florida men were taken into custody as the result of a sting that covered territory along the East Coast in an offshore online sports gambling ring that was operated out of the suspect’s homes as well as local businesses. The online bookmaking ring took bets on professional and college sports including football, baseball, and basketball. Related suspects were also arrested in New York City, Upstate New York’s Rockland County as well as Bergen County, New Jersey, with a grand total of over $4 million seized by federal…
  • South Florida Ex-Convict Faces Federal Weapons Charges

    Michael B. Cohen, P.A.
    24 Jan 2015 | 5:14 am
    Michael Paul Watkins of Inverness had successfully escaped from custody previously on two separate occasions after being convicted for the crime of fondling and handling a minor under the age of sixteen years in Florida State Court. He was arrested in October 2011 on a charge of domestic battery. Details of that arrest record are exempt from public information as per Florida statute. Late last year, the Citrus County Sheriff’s Office received information from local Wal-Mart employees that an individual who was later identified as an employee of Cool Aid Heating and Air Conditioning was…
  • Miami Woman Sentenced to Life in Prison for Revenge Killing

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

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

  • Suge Knight Hit and Run Video Released

    Mayberry Law Firm
    10 Mar 2015 | 11:07 am
    Music producer and professional subject of controversy Suge Knight is back in hot water after being accused of a deadly hit and run in California. As so often is the case in a criminal trial, video of an alleged incident can be a crucial piece of evidence for the prosecution, defense, or both. In the video Knight appears to partially pull into a parking lot where he is confronted by a man known as Cle “Bone” Sloan. After what appears to be a scuffle, Knight backs his truck out of the parking lot and then accelerates forward, running over Sloan in addition to another man on the scene named…
  • Vanilla Ice Charged With Burglary and Grand Theft in Florida

    Mayberry Law Firm
    19 Feb 2015 | 2:55 am
    One hit wonder and 90’s musician Vanilla Ice was arrested and charged with burglary and grand theft in Palm Beach County this week. According to news reports, Ice was renovating a nearby home as a part of his DIY television show “The Vanilla Ice Project” where he and his crew renovate and flip homes. According to the police, Ice is accused of burglarizing an unoccupied dwelling and stealing a pool heater in addition to several pieces of furniture sometime between December 2014 and February 2015. Several of the allegedly stolen items were later found in his home. The Lantana…
  • A Primer on How Not To Get Arrested at Gasparilla

    Mayberry Law Firm
    27 Jan 2015 | 12:35 pm
    It’s that time of year again folks! Downtown Tampa and Bayshore Boulevard will be packed this weekend with pirates doing all sorts of piratey things. The rum will flow, the booty will be plundered, yards will be peed in and some of us might even get arrested! While part of this sounds like perfectly reasonable pirate behavior, the eight different law enforcement agencies working this weekend and many local homeowners might have a slightly different take on our beloved festival. While I can personally attest that our little celebration is a blast, there is no disputing that some take it…
  • Jameis Winston Cleared of Code of Conduct Charges

    Mayberry Law Firm
    22 Dec 2014 | 7:15 am
    Retired Supreme Court Justice Major Harding wrote in a letter to Florida State University quarterback Jameis Winston’s attorney Sunday that Winston was cleared of all code of conduct allegations against him. In Justice Harding’s letter it was cited that, “[i]n sum, the preponderance of the evidence has not shown that you (Winston) are responsible for any of the charge violations of the Code.” For a little over the past year Jameis Winston has been the focus of an alleged sexual assault against a former FSU student after the two left together from local bar…
  • Missouri Grand Jury Declines to Indict Ferguson Police Officer Darren Wilson for the Death of Michael Brown.

    Mayberry Law Firm
    25 Nov 2014 | 6:08 am
    A St. Louis County grand jury chose not to indict Officer Darren Wilson for the shooting death of St. Louis teen Michael Brown. After nearly three months, the grand jury comprised of seven men and five women, nine white and three black heard evidence from 60 witnesses and met 25 times. St. Louis County Prosecuting Attorney William P. McCulloch cited inconsistent witness testimony, thereby making it difficult to present a clear picture of what occurred in the 90-second confrontation between Officer Wilson and Mr. Brown. The grand jury considered charges ranging from first-degree murder to…
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    ImmigRantings

  • New Jersey Becomes New Battleground for Immigrant Rights

    27 Mar 2015 | 10:48 am
    Recently, New Jersey Governor and often-touted possible presidential candidate Chris Christie joined the fight against the President's immigration executive action. Specifically, Governor Christie, who typically declines to make public statements on his stances on immigration policies, signed an amicus brief that was filed in the federal court case that opposes the President's executive action. As discussed in prior posts at ImmigRantings.com, the case Texas v. United States represents a group of states' efforts to prevent the President's executive action from going into force - specifically…
  • Immigrant Advocacy Groups Join Together to Unveil New Online Platform to Help Foreign Nationals Become U.S. Citizens

    24 Mar 2015 | 2:44 pm
    The nonpartisan immigrant-rights advocacy group Voto Latino is dedicated to empowering young Latinos to help them build better futures for their communities and themselves in the United States. The organization has joined with the groups Pro Bono Net and Immigration Advocates Network to develop Citizenshipworks, an online provider of user friendly Internet tools that are aimed at assisting low and moderate income foreign nationals in deciphering the complex U.S. immigration laws in order to determine if they qualify for citizenship. Citizenshipworks According to the organizations,…
  • Update on Executive Action Lawsuit: DOJ Files Emergency Appeal

    20 Mar 2015 | 10:56 am
    The court battle over President Obama's executive action continues to heat up. Readers may recall that just a few weeks ago, Texas federal judge Andrew Hanen issued an injunction that has temporarily prohibited the President's executive action from going into effect. This injunction effectively suspends the President's planned deferred action programs for undocumented young foreign nationals and for the undocumented parents of green card holders and U.S. citizens. The injunction is part of a larger legal battle over the executive action waged by a number of states against the White House,…
  • Overview of Recently Introduced Immigration-Related Legislation

    12 Mar 2015 | 7:42 am
    During the past month, Congress has been very busy introducing multiple pieces of immigration-related legislation that could fundamentally alter the rights and protections afforded to foreign nationals while they are in the United States. It is important to stay informed on Congress's movements on immigration and equally important for members of the community to contact their federal representatives and senators to let them know that America needs less restrictive immigration laws - not more restrictive laws. H.R. 1149: The Protect the Children Act of 2015 (PCA) HR 1149, the Protect Children…
  • Breaking News: USCIS Will Begin Accepting EAD Applications for H-4 Spouses on May 26, 2015

    2 Mar 2015 | 5:53 am
    For once, we are very happy to report that our breaking news is good news for a change. Last week, U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced that the Department of Homeland Security will be implementing the needed regulations to extend work authorization eligibility to certain H-4 spouses of H-1B workers. Until now, hundreds of thousands of these spouses had been unable to apply for work authorization on the basis of their H-4 status. This announcement comes as great news for these foreign nationals, and for the many American businesses that will…
 
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    Palo Alto Estate Planning Blog

  • If You Are Named as Executor, Pay Attention

    Liza Hanks
    6 Mar 2015 | 5:46 pm
    In today’s cautionary tale, Forbes published an article this week describing a case requesting $1.2 million refund on a bill from the IRS for penalties and interest resulting from the executor’s failure to file an estate tax return and pay taxes on time. The facts are messy, complicated and probably unique: there are really not all that many estate planning attorneys struggling with brain cancer, inexperienced executors who would repeatedly ignore notices from the probate court for missed deadlines, executors who would consistently defer to an attorney who repeatedly fails to…
  • Sometimes It is the Little Things: Arguing About Stuff

    Liza Hanks
    11 Feb 2015 | 5:43 pm
    Estate planning is often motivated by the big things. I’m not getting philosophical here. Forget about life and death. On a practical level, what brings families into my office are often the big financial assets–the house, the brokerage accounts, the retirement assets, and a concern that these assets be shared equitably by loved ones. And I, like most estate planners, do my best to write trusts and Wills that do just that. But, often, it is the little things that can become contentious after a parent dies. From Dad’s stamp collection, to (I kid you not) a parent’s…
  • Right to Die Law Proposed for California

    Liza Hanks
    23 Jan 2015 | 6:04 pm
    For the first time since 2007, legislation has been introduced in this year’s State Senate that would legalize physician-assisted suicide in California. The bill, SB 128,  The End of Life Option Act, is modeled on Oregon’s Right to Die law. It allows a person with a terminal disease and a prognosis of death within six months to obtain a physician’s prescription for a lethal dose of medication. Two doctors would have to agree that the patient meets certain criteria, such as mental competence, that they’ve been made aware of alternatives, and that they be able to take…
  • Happy New Year!

    Liza Hanks
    31 Dec 2014 | 4:52 pm
     I am wishing a lovely New Year to all of our    clients and readers! May 2015 bring love, wisdom, and compassion to you all. Here’s to keeping all of our eyes firmly fixed on what truly matters in the year ahead, in estate planning and all things.
  • IRA Charitable Rollover Extended for 2014

    Liza Hanks
    22 Dec 2014 | 5:35 pm
    Late in the year, and at the last minute, on December 16, 2014, Congress has extended the ability of those over 70 1/2 to make direct charitable donations from their IRA’s of up to $100,000, as long as they haven’t already taken out the required minimum distribution for 2014 and do this charitable rollover by December 31.  The way to do this is to tell your plan custodian to distribute up to $100,000 to a public charity of your choice from your IRA. (For a couple, this is 100K from each IRA.) Although there’s no charitable deduction for a charitable rollover, there’s…
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    Florida Tax Lawyer Blog

  • SCOTUS PARTIALLY RULES ON CSX CASE - REMANDS CASE FOR 3rd TIME

    4 Mar 2015 | 3:54 pm
    The Supreme Court of the United States ("SCOTUS") has had its hands full with tax cases this year. Although largely unpopular and unexciting for the general public, SCOTUS find tax cases even less appealing. In fact, since 1992 in Quill, SCOTUS has not heard a case dealing with sales tax nexus. Despite its unpopularity, the nexus issue is an important one since the advent of the Internet. However, every statistic has its anomaly. From a state tax perspective, SCOTUS issued two opinions in 2 days, which is impossible. The first case, the DMAcase came down yesterday, March 3, 2015, ruling that…
  • Taxpayer Wins In United States Supreme Court in DMA Case

    3 Mar 2015 | 4:46 pm
    Direct Marketing Association has continued its fight for consumer privacy with Colorado. In September, 2014, I wrote about how DMA has taken its challenge up to the Supreme Court of the United States. DMA filed its opening DMA Brief.pdfin the Supreme Court of the United States on September 9, 2014 and argued that the case should be allowed to be heard in federal court. A summary can be found DMA Summary.pdf. The Supreme Court heard the case in its recent term and announced its opinion on March 3, 2015. From a state and local tax perspective, the case has broad and interesting constitutional…
  • FLORIDA DABT LOSES - BLUNT WRAPS NOT TAXABLE

    24 Feb 2015 | 2:37 pm
    For the past few years, I have been writing a number of blogs and articles recently discussing the Department of Business and Professional Regulation here in Florida and its potentially unfair audit tactics. Many of you have seen cigar wrappers, or the more scientifically described "blunt wraps," at convenience stores and gas stations throughout the state and country. Are those items tobacco products subject to Florida's other tobacco products tax? On January 9, 2015, our first case went to hearing on the taxability of blunt wraps in Brandy's - Amen Complaint.pdf Continue reading...
  • Is Nitrogen & Hydrogen Exempt From Sales and Use Tax In Illinois?

    13 Feb 2015 | 3:09 pm
    Most states attempt to encourage manufacturers to set up a business in their state. Manufacturers typically provide numerous benefits to a state's economy such as job creation. One of the carrots typically used by a state is to offer sales and use tax incentive for a manufacturing company. In almost every state with a sales and use tax, machinery and equipment purchased for use in the manufacturing process is exempt from tax. What if a glass manufacturer purchased chemicals, such as nitrogen and hydrogen for use in its glass manufacturing process? Would that be a tax exempt purchase of…
  • Click Through Nexus - Michigan Latest to Enact Click-Through Nexus

    10 Feb 2015 | 1:33 pm
    Although nexus sounds like a terrible disease, it is just a fancy word meaning a connection or link. If a company has enough of a connection or link to a state, then the state can impose its power of the company. With nexus, a state can impose its laws on the business including sales tax laws. From a sales tax perspective it can require the business to charge, collect, and remit state taxes such as sales tax. In 1992, Quill v. North Dakota was decided, which announced that having a physical presence in a state was sufficient nexus to require a company to follow a state's state and local tax…
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    New Jersey CPA Tax Lawyer Blog

  • Planning to Convert Your C Corporation to an LLC

    27 Mar 2015 | 10:26 am
    If you've decided that the best way to advance the goals of your business is to convert your C corporation to an LLC, you should proceed with great care. Converting a C corporation to an LLC has the potential to cause severe negative tax ramifications for your business. In certain situations, though, making the move from C corporation to LLC can be beneficial, but you should engage in careful planning to carry out the conversion process, since the tax code contains many rules that may guide you in deciding when to make your conversion. There are many reasons you might choose to convert your C…
  • The Tax Implications of Converting Your New Jersey Partnership or LLC to a Corporation

    27 Feb 2015 | 7:40 am
    The reasons why a business owner might choose to convert his or her partnership or LLC into a corporation are numerous. Corporations offer many potential advantages. Regardless of the business reasons that motivate you, it is very important to understand the tax consequences of converting your business. Rev. Rul. 84-111 lays out three ways to take an entity that is taxable as a partnership and convert it to a corporation. One method is what's called "assets over." Using this technique, the partnership transfers its assets to the corporation. In exchange, the partnership receives stock from…
  • Tax Court Upholds Rejection of Engineer's Medical, Charitable Deductions

    23 Jan 2015 | 9:29 am
    An engineer's efforts to deduct several items as medical expenses or charitable contributions proved unsuccessful for a variety of reasons. The US Tax Court ruled that the taxpayer's bicycle was not a medical expense because she could not prove that it was essential to the treatment of a medical condition, and the taxpayer could not maintain her charitable contributions because she lacked the appropriate contemporaneous records in support of them. Melanie Thomas-Kozak was an engineer for a division of Sunoco who racked up a large number of deductions on 2008 and 2009 federal income tax…
  • Taxing Cloud Computing Service Providers... and Users

    26 Dec 2014 | 8:57 am
    In the wake of the cell phone photo heist (and publication) of the private images of several Hollywood celebrities back in September, a wide discussion was held about cloud computing, particularly with regard to security issues. Those dealing with using "the cloud" for business purposes should concern themselves not only with security, though, but also with the tax implications of cloud computing. This issue is a challenging one, since the laws regarding the topic vary dramatically from state to state. One recent case bringing this issue to life was Matter of SunGard Securities Finance LLC,…
  • Tax Court Grounds Law Firm's Travel Deduction for Use of Partner's Private Planes

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

  • NEW LAW REQUIRES POLICE TO INSTALL VEHICLE VIDEO RECORDERS TO CREATE EVIDENCE

    stevenh
    4 Mar 2015 | 5:21 am
    On March 1, 2015, a new law went into effect which requires all municipal police vehicles hereafter purchased to be equipped with mobile video recording systems.  This requirement applies to police vehicles primarily used in traffic stops and was signed into law in September of 2014. Laws of 2014, c. 54.  The law was originally introduced as legislative bill A-2280.  The Attorney General is also required to develop rules and regulations as to the specifics of the devices. The recordation requirement is another indication of the Legislature and courts in New Jersey intending to require…
  • New Jersey To Consider DWI Jury Trials

    stevenh
    20 Feb 2015 | 6:18 am
    This week, the New Jersey Supreme Court announced that it would consider granting jury trials for third and subsequent DWI offenders. Certification was granted in the case of State v. JamesDenelsbeck (075170) in which the defendant is a fourth DWI offender. Many Lawyers have long requested that New Jersey’s highest court reconsider this issue, as the last time the State Supreme Court spoke on this issue was 1990 in a case called State v. Hamm, 121 N.J. 109 (1990). In Hamm, the court ruled that the New Jersey legislature purposefully limited DWI penalties for third and subsequent offenders…
  • Blood Test Inaccuracies – NJ

    stevenh
    29 Jul 2014 | 1:34 am
    So your car swerved a bit and an awaiting officer’s light bulb goes off flashing the words “Drunk Driver.”  You get pulled over and after you have stumbled on the roadside tests, you are asked to submit to a Breath, Blood or Urine test.  The fact that you have a driver’s license means that you have given implied consent to submit to evidentiary chemical tests to determine your blood alcohol level.  A refusal will most likely cost you your driver’s license. All three chemical tests can yield inaccurate results and cause good people to get wrongly convicted of NJ drunk driving…
  • NJ Laws Regarding Drugged Driving

    stevenh
    22 Jul 2014 | 5:35 am
    NJ is one the 21 states that has legalized the medicinal use of marijuana.  The laws regarding marijuana are changing throughout the country, but it is still illegal to drive while intoxicated by marijuana, prescription drugs, and other controlled substances.  The penalties for driving under the influence of drugs are the same in NJ as the penalties for driving while intoxicated by alcohol.  A first time offender will be sentenced to a driver’s license revocation for three month, possible jail time, and fines of up to $500.  Additionally, the person will face increased insurance rates,…
  • Penalties for DWI with a Minor

    stevenh
    15 Jul 2014 | 1:22 am
    Tragically, most children killed as a result of a DWI accident are NOT in the car hit by a drunk driver. As many as 65% of the dead child victims are actually in the car riding with the perpetrator.  Unfortunately, this type of child endangerment has been a national trend. In Chicago, earlier this month, a Dad was arrested for driving while intoxicated with his three sons in the back of the SUV. Tragically, his four-year old died immediately after Shannard Dyer crashed into the concrete median wall on Interstate 355.  At about 2 am, the over speeding Dodge Journey struck a concrete median…
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    Securities & Going Public Lawyers

  • Securities Law & Going Public Attorneys l Securities Lawyer 101

    Brenda Hamilton, Securities and Going Public Lawyer
    1 Jan 2101 | 6:23 am
    Going Public LawyerGoing 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 the most attractive sources of... Read MoreGoing Public Lawyer
  • Brenda Hamilton Featured By Intuit About Direct Public Offerings and Going Public

    Brenda Hamilton, Securities and Going Public Lawyer
    29 Mar 2015 | 4:14 am
    Going Public LawyerIntuit Inc., a provider of small business software solutions, including QuickBooks, tackles accounting, taxes, budgets and personal finances with TurboTax. Quicken featured an interview with securities attorney Brenda Hamilton.* Brenda Hamilton practices securities law focusing on direct public offerings /DPOs, initial public offerings /IPOs, accredited crowdfunding, intrastate crowdfunding and going public transactions for small and mid-sized businesses. The interview’s focus... Read MoreGoing Public Lawyer
  • Regulation A+ Adds Two New Bad Actor Disqualification Triggers

    Brenda Hamilton, Securities and Going Public Lawyer
    27 Mar 2015 | 1:37 pm
    Going Public LawyerThe final Regulation A+ rules amend Rule 262 to include bad actor disqualification provisions as adopted under Rule 506(d) of Regulation D.  Consistent with the disqualification provisions of Rule 506(d), the final rules add two additional disqualification triggers to those in existing Regulation A. The two new disqualification triggers are Securities & Exchange Commission cease-and-desist orders for violations of scienter-based... Read MoreGoing Public Lawyer
  • FINRA Sanctions Short Seller – Securities & Going Public Attorneys

    Brenda Hamilton, Securities and Going Public Lawyer
    27 Mar 2015 | 11:48 am
    Going Public LawyerShort sale conspiracy theorists will be pleased to learn that on March 25, 2015, The Financial Industry Regulatory Authority (FINRA) announced sanctions of $916,000 against First New York Securities L.L.C. for short selling ahead 14 public offerings of securities of which it was participating, in violation of Rule 105 of Regulation M. First New York Securities was also sanction for... Read MoreGoing Public Lawyer
  • SEC Charges 22 Unregistered Broker-Dealers-Going Public Attorneys

    Brenda Hamilton, Securities and Going Public Lawyer
    26 Mar 2015 | 10:43 am
    Going Public LawyerThe Securities and Exchange Commission (the “SEC”) Division of Enforcement is pursuing unregistered broker-dealer activity which runs rampant in the penny stock markets.  With a reduction of the number of small broker-dealers there have been limited sources of capital available to small business issuers. As such, many have turned to finders and intermediaries. Recent enforcement actions demonstrate there are serious consequences for... Read MoreGoing Public Lawyer
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    Employment News

  • Flowers Foods Distributors Win Class Certification

    Shawn
    24 Mar 2015 | 2:20 pm
    Current and former bakery distributors for Flowers Baking Company of Jamestown recently won class certification in the Flowers Foods FLSA Litigation. Rehberg et al v. Flowers Foods, Inc. et al is a collective and class action lawsuit brought on behalf of a class of individuals who operate or operated as fresh bakery product distributors for Defendants Flowers Foods, Inc. and Flowers Baking Co. of Jamestown, LLC.Read more about Flowers Foods Distributors Win Class Certification
  • Misclassification of Managers and Assistant Managers

    Shawn
    17 Mar 2015 | 7:26 am
    If you were given a “promotion” to an “assistant manager” or “manager” position, but have also lost your access to overtime despite increased hours, it is important to have a clear understanding of your rights and potential losses. The practice of misclassification of exempt employees has been widespread in the retail, service, hospitality, and restaurant industries. Under the Fair Labor Standards Act, all employees are entitled to minimum wage plus one and one-half times regular pay rate for any hours over 40 in a given work week. Read more about Misclassification of Managers…
  • When Should I Tell My Employer I’m Pregnant?

    Chris
    14 Mar 2015 | 7:58 am
    Whether you are searching for a job, recently employed, seeking a promotion, or have had a long-term position with your employer, you may have concerns about your position or job status in the event of pregnancy. Do you need to tell your employer before you are hired? Will your pregnancy impact your likelihood of getting a job? Can an employer fire you after finding out you are pregnant? For pregnant women in the workforce, it is important to have a clear understanding of your rights before you are hired, during employment, and in the event of termination. Read more about When Should I Tell…
  • Background Check Lawsuits on the Rise—Do You Have a Claim?

    Chris
    14 Feb 2015 | 5:31 am
    Unemployment is down and the job market is up, giving more opportunities to Minnesota applicants in the hiring process. For some, background checks can make the application process more challenging, especially if there are known issues related to a criminal history or bad credit. Fortunately, applicants do have rights when it comes to background checks and employment, and an increasing number of employers are failing to comply with federal background checking laws. Read more about Background Check Lawsuits on the Rise—Do You Have a Claim?
  • Mandatory Arbitration Clauses and Employee Rights

    Chris
    18 Jan 2015 | 10:09 am
    When starting a job, the last thing you are thinking about is how it will end. What will your rights be in the event that you suffer discrimination or wrongful termination? Before you sign a contract, remember that many employers will automatically include a “mandatory arbitration” clause in your agreement. Essentially, this will prevent you from litigating your case and will require you to arbitrate your case not before a judge or jury, but before a private arbitrator.Read more about Mandatory Arbitration Clauses and Employee Rights
 
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    Dallas Justice » Criminal Law Blog

  • Juvenile Heroin Arrests: When Your Child is Busted for Heroin in Texas

    Michael Lowe
    11 Mar 2015 | 12:07 pm
    Some may be shocked to think that there are active heroin users here in Texas, especially here in the Dallas – Fort Worth area, that are minors or juveniles and kids under the age of 18 years. The general public (and potential jurors) may not understand that heroin use isn’t like it was in years past. No longer is heroin being used by addicts in alleys using dirty needles and always desperate for their next fix. As we’ve discussed in past posts, heroin no longer carries a social stigma for many; it’s cheap and easy to find; more and more it’s sold in easy-to-take forms and with…
  • Heroin in Dallas – Fort Worth: Heroin is Popular So Expect More Felony Heroin Arrests

    Michael Lowe
    4 Mar 2015 | 11:03 am
    Heroin is here to stay in North Texas and the Dallas – Fort Worth Metroplex area: it’s something recognized by the local police and the District Attorneys’ Offices as well as criminal defense lawyers and people treating heroin abuse and heroin overdoses in local hospitals and rehab centers. Why?  It’s a cheaper, readily accessible alternative to prescription drugs like oxycodone and fentanyl, and any social stigma for heroin use (think those old movies where people are shooting up with needles in dark and dirty locales) is long gone.  See:  Lots of Heroin Arrests Will Be…
  • Stingray Use by Feds and Local Police is Growing: Are You Being Monitored?

    Michael Lowe
    25 Feb 2015 | 2:41 am
    Police officers and law enforcement agencies are limited by the federal constitution as well as federal and state laws in what they can do. They are not supposed to snoop on citizens or eavesdrop on people unless they’ve got specific legal authorization to do so. You won’t know if the feds and local police are monitoring your phone via a Stingray. They don’t have to tell you. The problem is — as any experienced criminal defense lawyer will tell you — is that they WILL do things they aren’t supposed to do, like invading your privacy, and gthen they’ll wait to see if…
  • Police Who Lie On the Witness Stand: Did You Know Prosecutors Keep Lists of Their Names?

    Michael Lowe
    18 Feb 2015 | 10:19 am
    It wasn’t until 1963 that the U.S. Supreme Court forced prosecutors to do the right thing and share all the facts about a case with defense lawyers before they tried someone for a serious crime and tried to get a conviction. In the case of Brady v. Maryland, John Brady had been convicted of murder but the High Court overturned that conviction because the prosecutors decided not to share a letter with the defendant and his lawyers that was written by the man who actually committed the crime. That’s right: the prosecution had a written confession and they went right on and with their case…
  • Debtor’s Prison for Misdemeanor Debts – Is City of Ferguson Making Money Off of Poor People?

    Michael Lowe
    11 Feb 2015 | 10:58 am
    Debtor’s prisons are not supposed to exist in the United States. You’re not supposed to be forced behind bars because you cannot pay a debt — that is the reason for federal bankruptcy laws, to help people in bad financial straits to work things out with their creditors and get a “fresh start.” Creditors can harass you by phone and ruin your credit rating, but they cannot throw you in jail if you stop paying your mortgage or if you fail to pay off your credit card charges. However, things are different here in America when it’s not consumer debts that are unpaid, but fines assessed…
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    South Florida Personal Injury Lawyers Blog

  • Florida Appellate Court Overturns Order Denying Temporary Total Disability Workers’ Compensation Benefits

    Friedman, Rodman &#38; Frank, P.A.
    25 Mar 2015 | 9:53 am
    In Perez v. Southeastern Freight Lines, Inc., a Florida man was injured in a workplace accident. After the incident occurred, the man’s employer stipulated that his injury was compensable under state workers’ compensation laws. Despite this, a Judge of Compensation Claims (“JCC”) denied the injured worker’s request for temporary total disability benefits because he failed to produce objective medical evidence related to his injury. At a hearing, the JCC adopted the test enumerated in Section 440.09(1) of the Florida Statutes which stated the worker’s disability determination must…
  • Appeals Court Overturns Jury Verdict in Florida Failure to Warn Lawsuit

    Friedman, Rodman &#38; Frank, P.A.
    23 Mar 2015 | 12:40 pm
    In Trek Bicycle Corp. v. Miguelez, a Florida man apparently sustained personal injuries when the road bicycle he was riding suddenly stopped after an unspecified object became caught in the spokes. As a result of his harm, the man filed a failure to warn, products liability, and defective design and manufacture lawsuit against the manufacturer of the bicycle and the store that sold it to him in a Florida court. Although the bicycle manufacturer obtained a directed verdict regarding the hurt man’s other claims, the trial court declined to issue judgment in the company’s favor with regard…
  • Tampa Federal Court Holds Insurer Did Not Commit Bad Faith Following Motorcycle Accident

    Friedman, Rodman &#38; Frank, P.A.
    18 Mar 2015 | 7:15 am
    In Rodriguez v. Integon Indemnity Corp., a motorcycle rider was seriously injured in a motor vehicle collision. At the time of the crash, the at-fault driver carried bodily injury insurance with a liability limit of up to $100,000 per person and $300,000 per incident. The day after the traffic wreck, the insurer was notified about the accident. A few days later, the claims representative who was assigned to the case sent a letter to the hurt biker stating he would be handling the injured man’s claim. In addition, the insurer sent two letters to the hurt motorcyclist’s attorney stating the…
  • Florida’s First District Remands Workers’ Compensation Case for Reconsideration of Injured Woman’s Statutory Employee Status

    Friedman, Rodman &#38; Frank, P.A.
    16 Mar 2015 | 7:14 am
    In Mitchell v. Osceola County School Board, a Florida woman was working at a veterinary clinic that was being hosted by a non-profit organization and held at an Osceola County high school. While assisting at the clinic, the woman allegedly suffered an injury when she was bitten by a dog. After the incident, the woman filed multiple workers’ compensation benefits claims against both the non-profit organization that employed her and the school board. Eventually, the woman dismissed her claims against the non-profit organization because the group did not carry workers’ compensation insurance…
  • Appeals Court Rules on Attendant Care Payments in Florida Workers’ Compensation Case

    Friedman, Rodman &#38; Frank, P.A.
    11 Mar 2015 | 8:37 am
    In American Airlines v. Hennessey, an employee injured his right leg in a workplace accident. As a result, he was required to undergo several hospitalizations and a lengthy course of antibiotics. Due to the extent of the man’s injuries, his employer authorized him to receive attendant care in his home until he was healed. About two months after the on-the-job accident, the man sought authorization for attendant care beginning on the date of his harm. In support of his request, the man submitted an undated handwritten note from his doctor stating that the hurt man’s wife took…
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    Massachusetts Social Security Disability Lawyers Blog

  • Mascio v. Colvin: Disability Benefits Appeals

    25 Mar 2015 | 11:38 pm
    Mascio v. Colvin, an appeal from the United States Court of Appeals for the Fourth Circuit, involved claimant who applied for Supplemental Security Income (SSI), and the Social Security Administration (SSA) denied her claim for benefits. Claimant based her request for disability benefits on the fact she suffers from a degenerative disc disorder, carpal tunnel syndrome (CTS), and an adjustment disorder. Adjustment disorder is a psychological illness related to stress that makes it difficult for patients to engage in normal social situations or workplace situations. She had a hearing before an…
  • Wounded Warriors Denied for Social Security Disability Benefits

    23 Mar 2015 | 11:34 pm
    During the height of the wars in Iraq and Afghanistan, it was impossible to watch the news without seeing the consequences to brave men and women of our armed forces. Many were killed, and even more were sent home with serious disabilities caused by improvised explosive devices (IEDs) and other combat-related injuries, including traumatic brain injury (TBI). According to a recent news article from Forbes, wounded service members have been sending open letters to their respective Congress members asking for help with the Social Security Disability Insurance (SSDI) benefits application process.
  • Disability Advocates Urge SSDI Reforms

    21 Mar 2015 | 11:30 pm
    If you are disabled and in the process of applying for Social Security Disability Insurance (SSDI) benefits, or are currently a recipient of SSDI benefits, you are probably paying close attention to the massive news coverage of the impending budgetary shortfall facing the Social Security Administration (SSA) run disability benefits program. A recent news feature from Town Hall is urging Congress to take action before it's too late. The problem stems from the fact that SSA runs various programs funded by different sources. First, there is the Social Security retirement benefits program…
  • SSDI and SSI: What's the Difference?

    20 Mar 2015 | 9:12 pm
    Many disabled Americans know the United States Social Security Administration (SSA) has programs for which they can apply if they are disabled, but they often do not know about the specifics of the various disability benefits programs. A recent article from the Daily Local News takes a closer look at the differences between the Social Security Disability Insurance (SSDI) program and the Supplemental Security Income (SSI) program. On the surface, the main difference noted in this article is the SSDI program essentially pays benefits based upon a claimant's disability and work history, whereas…
  • Same Sex Couples Sue for Denial of SSDI Benefits

    18 Mar 2015 | 9:06 pm
    According to a recent article from Metro Weekly, representatives of same sex couples have filed a lawsuit against Carolyn Colvin in her capacity as Director of the United States Social Security Admission (SSA). Plaintiffs claim after the Supreme Court of the United States (SCOTUS) struck down provisions of the Defense of Marriage Act (DOMA) pertaining to Social Security benefits for couples in a same-sex marriage, SSA continued to deny them benefits for a year after the landmark decision in the Windsor case. Gay and Lesbian Advocates and Defenders (GLAAD) and Justice and Aging have filed this…
 
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    Austin Immigration Lawyer Blog

  • Google Executive Says Immigration Changes Would Benefit the U.S. Economy

    Lyttle Law Firm, PLLC
    26 Mar 2015 | 8:04 am
    There are a variety of immigration – related issues that have rocked the business world and affected a slew of foreign workers, One of the major areas that business executives are concerned with have to deal with the availability of work visas that are made available to various foreigners who possess the technical skills that industry leaders need from an expanding workforce. These views were fully solidified at the American Enterprise Institute through the presence of one of Google’s top executives, Eric Schmidt. Schmidt is of the opinion that one of the biggest priorities that take…
  • Possible Pitfalls in Immigration Visa Regulations

    Lyttle Law Firm, PLLC
    23 Mar 2015 | 8:46 am
    Immigrants who intend to secure permanent resident status in the United States must be aware of the regulations that are inherent in the process. Undocumented immigrants who fail to possess a comprehensive understanding of the conditions for permanent residency are likely to run into costly pitfalls. The case of Bouras brings this reality to the fore in a sobering manner. A native Algerian, Bouras initially entered the United States in 1997 on a nonimmigrant business visitor visa. The duration of Bouras’ visit ended up exceeding the maximum duration allowed on his visa. Bouras was living in…
  • U.S. Immigration Policy: A Case of Continuances

    Lyttle Law Firm, PLLC
    19 Mar 2015 | 8:35 am
    Strict regulations regarding immigration policies are largely a product of contemporary attitudes towards political identity. For the most part, the immigration policies that a country possesses are a reflection of its attitude regarding possible instances of immigration. The set of conditions that form the body of the United State’s immigration policies can be challenging for undocumented immigrants who attempt to secure permanent resident status. The case of Mogeni serves as a stark reminder of the difficulties posed by the country’s immigration policies to undocumented immigrants who…
  • Split on Immigration Reform Policy Has DHS Edging Closer to a Shutdown

    Lyttle Law Firm, PLLC
    16 Mar 2015 | 8:22 am
    Controversy over President Obama’s plans immigration reform continues to foment political partisanship. Obama’s executive orders on immigration have Republicans rallying to impede his administration’s progress. GOP lawmakers have set up roadblocks for the President’s proposed immigration reform policies by attaching riders to the funding bill of the Department of Homeland Security. The act would effectively defund Obama’s executive action on immigration. The ensuing schism between these political camps has the DHS bracing itself for a potential shutdown. The failure to pass the…
  • Public Consensus on Immigration Reform Policies: Opinions Gleaned from the American Values Atlas

    Lyttle Law Firm, PLLC
    12 Mar 2015 | 8:52 am
    The consensus between immigration reform policies and public opinion has, to a considerable degree, consistently displayed a quality of disparity. President Obama’s executive action on immigration has received a strong sense of support from three – quarters of the American public. In spite of this fact, Obama’s recent immigration plans have been met with a potent amount of opposition from the Republican sector. 26 Republican governors have taken legal action against Obama’s administration with the assertion that the order that has been issued lies far beyond the boundaries of…
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    Health Care Law Blog

  • Cell Phones and Medical Malpractice

    Kevin S. Little
    5 Mar 2015 | 12:22 pm
    Post by Guest Author: Gyalia Rutledge RN, LNC Attorneys are increasingly becoming aware of distractions caused by cell phones, tablets and other technology in the clinical setting and how they play a role in medical malpractice cases. In fact, attorneys are now advertising statistics about “Distracted Doctors” on their website in hopes of garnering new clients. Interestingly, what they are advertising is happening and the number of instances is steadily increasing and ever more apparent in today’s medical malpractice cases. In December 2011, The New York Times quoted doctors who have…
  • Georgia Medical Practices: Not Having a Compliance Program is AT YOUR FINANCIAL PERIL

    Kevin S. Little
    26 Feb 2015 | 8:29 am
    Some critical details of The Affordable Care Act (ACA) are often omitted from the political rhetoric and other noise during public debate about whether the ACA is a “good” or “bad” thing. One such detail – and a huge one – is the ACA’s significant expansion of compliance risks for medical practices and other health care entities. Our Georgia business and health care law firm follows compliance and other developing regulatory issues that impact the business of providing health care. The ACA mandates that health care providers, suppliers and nursing facilities who participate in…
  • ICD-10 Implementation: What To Do Now

    Kevin S. Little
    19 Feb 2015 | 12:13 pm
    Post by Guest Author: Robert F. Polglase, MD, JD, CHCQM On Wednesday February 11, 2015 the House Energy and Commerce Committee’s subcommittee on healthcare held its much-awaited hearing on ICD-10 implementation, scheduled for October 1, 2015. Since the implementation delay last year, many providers have slowed down or stopped their preparation for the ICD-10 transition in hopes of another delay, or outright abandonment of the ICD-10 code set. Although CMS has issued a final rule stating October 1, 2015 is the implementation date, there is still much skepticism as to whether this will…
  • Georgia Healthcare Providers Prepare: More HIPAA Audits in 2015

    Brian Tuttle, Guest Author
    12 Feb 2015 | 12:21 pm
    HIPAA Audits 2015 Auditing is to Increase; Increased Contractors; Business Associates at Risk By: Brian L Tuttle, CHP, CHA, CPHIT, CBRA, CCNA, CISSP   Well D-Day in the Health Insurance Portability and Accountability Act (HIPAA) world (September 23, 2013) has come and gone and we are all still here, the world hasn’t ended, the Feds still haven’t kicked down your doors demanding to comb over your practice or business……yet. As of now the Federal government has a heavy workload in terms of who, what, when, and where will be affected by their new enforcement efforts. Their progress…
  • FQHCs AND HOSPITALS: EXPECT MORE SECTION 340B AUDITS THIS YEAR

    Kevin S. Little
    2 Feb 2015 | 2:42 am
    While various types of regulatory and insurance “audits” are on the radar of any prudent Federally Qualified Health Center (FQHC) or hospital, as health care providers, Section 340B audits are a relatively new and unknown animal. The Section 340B Program, whereby qualified covered entities can benefit from substantial discounts on certain patient drugs, has existed since 1992. Section 340B audits, however, began less than three years ago. The U.S. Department of Health and Human Services, through the Health Resources and Services Administration (HRSA) authorized the first Section…
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    Delaware Environmental Law Blog

  • ARCHITECTURAL COVENANTS HELD UNENFORCEABLE FOR FAILURE TO CONTAIN STANDARDS OF REVIEW

    24 Mar 2015 | 12:01 pm
    Covenants that require an architectural review committee or homeowners association board to approve owner changes to their homes and grounds have been a mainstay in Delaware condominium and non-condominium community documents for many years. A recent Master's Report in a Delaware Court of Chancery case has invalidated the architectural approval requirements for one Delaware condominium, leaving many other Delaware communities scrambling to determine whether their own covenants are enforceable. In Benner v. Council of the Narrows Association of Owners, C.A. No. 7503-ML, 2014 Del. Ch. LEXIS 265…
  • Curse Those Seals -Already Revisited

    16 Mar 2015 | 2:17 pm
    In a Delaware Superior Court case that is somewhat the opposite of the Wells Fargo Bank, N.A. v. Strong case discussed in my February 26 entry, we now have another Delaware pronouncement in a foreclosure case involving seals. In Nationstar Mortgage, LLC d/b/a Champion Mortgage, LLC v. Crane, 215 Del. Super. LEXIS 45 (Jan. 29, 2015), the lender first filed a mortgage foreclosure action in the Court of Chancery, asserting in its complaint that it was filing an equitable foreclosure action in Chancery instead of a foreclosure action at law because the mortgage was not sealed. However, the lender…
  • Confession of Judgment Non-Resident Affidavits: Pitfalls and Work-Arounds

    26 Feb 2015 | 1:36 pm
    Delaware lenders and their attorneys are accustomed to seeing affidavits at commercial loan closings of borrowers and guarantors authorizing the entry of a judgment by confession, which state their contact with Delaware, and include the mailing address of their residence. The affidavits' genesis is a Delaware statute, 10 Del. C. § 2306(c), requiring parties that are not Delaware residents to sign this document, which the lender must produce to the Prothonotary in order to enter the judgment. A 2014 Delaware Supreme Court case demonstrates how critical it is to obtain such affidavits in loan…
  • Curse Those Seals, and Keeping an Eye on the Clock

    26 Feb 2015 | 1:15 pm
    A recent Delaware Court of Chancery case reminds us of the persistence of the mortgage seal problem in Delaware. Wells Fargo Bank, NA v. Strong, 2014 Del. Ch. LEXIS 230 (Nov. 19, 2014) is a foreclosure case that was pending for nearly ten years. Mr. Strong failed to make his mortgage payments. MERS (the nominal holder of the mortgage as nominee of MIT Lending) filed a foreclosure action, and the foreclosure was repeatedly halted by three successive bankruptcies filed by Mr. Strong on a pro se basis. After that, the mortgage was assigned of record from MERS to Wells Fargo, which then attempted…
  • Contracts: Don't Say It If You Don't Bother to Do It

    26 Feb 2015 | 1:08 pm
    I have long held the opinion that many contract drafters make a big mistake by including too much language, when they would be better off leaving certain things unsaid. A recent example of this is the Delaware Chancery Court ruling in Tidewater Environmental Services, Inc. v. Bernard DiSabatino, C.A. No. 7737-VCG (Del. Ch. July 11, 2014), which was an action by Tidewater to try to collect on amounts owed to it by two limited liability companies ("LLCs") in connection with failed real estate developments. Tidewater's contract for engineering services stated that if the real estate project…
 
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    Pleasanton Business & Commercial Law Blog

  • Class Action Lawsuit Against California Company Uber Alleges Fraudulent Fees

    16 Mar 2015 | 9:57 am
    Uber, the San Francisco-based company that matches users of its mobile application with a network of drivers, is no stranger to controversy and legal troubles. In California, it is currently facing a lawsuit from taxi companies alleging anti-competitive practices, an effort by the state's Public Utilities Commission to shut down a new carpooling service, and a lawsuit by the San Francisco District Attorney over allegedly fraudulent surcharges. It has faced employment law claims from its own drivers, whom it claims are independent contractors, not employees. A new lawsuit, filed in an Oakland…
  • IRS Counsel's Memorandum Could Have Important Implications for S Corporation Shareholders

    27 Feb 2015 | 10:46 am
    The Office of the Chief Counsel of the Internal Revenue Service (IRS) issued a memorandum late last year addressing a question about the rights of shareholders in a corporation that switched from subchapter S to subchapter C and then switched back to subchapter S. IRS Chief Counsel Memorandum ("IRS Memo") No. 201446021 (Nov. 14, 2014) (PDF file). C corporations face "double taxation," in which the corporation pays tax on its net income, and shareholders pay tax on the same money when they receive it as dividends. Under subchapter S of the Internal Revenue Code (IRC), 26 U.S.C. § 1361 et…
  • Delaware Law Applies to California Shareholder Derivative Suit, According to Court

    13 Feb 2015 | 11:32 am
    A California appellate court applied Delaware law in its ruling against a shareholder's derivative action. Jones v. Martinez, 230 Cal. App. 4th 1248 (2014). The corporation is headquartered in California but incorporated in Delaware. The court held that the plaintiff had failed to establish standing to bring a shareholder derivative suit by meeting specific pleading requirements under Delaware law. Neither party disputed that Delaware law applied to the claim. The question for the court was whether the pleading requirement was a substantive matter, which would make it a fundamental part of…
  • Judge Rules in Favor of eBook Retailer in Copyright Claim Brought by Publishers

    30 Jan 2015 | 12:28 pm
    An eBook retailer did not commit copyright infringement, a judge ruled late last year, when it published information about software that can be used to strip digital rights management (DRM) from eBooks purchased through its online store. The dispute originated with an antitrust lawsuit filed by the retailer against numerous publishers, Abbey House Media, Inc. v. Apple, Inc., et al, No. 1:14-cv-02000, complaint (S.D.N.Y., Mar. 21, 2014). Two defendants filed counterclaims for copyright infringement, based on the plaintiff's notice to its customers. The Digital Millennium Copyright Act (DMCA)…
  • Lawsuits by Tech Industry Guest Workers Allege Multiple Unlawful Practices

    15 Jan 2015 | 12:51 pm
    The Silicon Valley technology industry is one of the nation's biggest employers of H-1B foreign guest workers. H-1B visas allow people to come to the U.S. temporarily for jobs requiring specialized education and skills. Federal law limits the number of new visas available each year, and competition is fierce. A recent report, based on an investigation by NBC Bay Area and The Center for Investigative Reporting (CIR), describes alleged mistreatment of tech industry guest workers, such as non-payment of wages, by some companies. H-1B workers have challenged these practices in several class…
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    NYTrafficTicket.com

  • How New York Traffic Tickets Affect A Taxi & Limousine (TLC) License

    Matthew Weiss
    25 Mar 2015 | 6:49 am
    The rules are surrounding how to calculate points from New York traffic tickets are complicated. However, for those with Taxi & Limousine Licenses, a whole different set of rules exist making the calculations even more difficult.  With that said, as you will read below, some of the rules of the Taxi & Limousine Commission (“TLC”) are more favorable to the driver than those imposed by the Department of Motor Vehicles (“DMV”) on a regular license. Pursuant to TLC Rules §54-27, a TLC license will be suspended for 30 days if, within a 15-month period, a driver…
  • Is Illegal To Eat A Hamburger While Driving?

    Matthew Weiss
    28 Jan 2015 | 6:37 am
    I’ve written for years about the dangers of distracting driving and advocating for strong laws to address this problem.  However, I recently read about a case that, in my opinion, takes the matter too far.   An Alabama man was stopped and ticketed in Marietta, Ga., for driving while eating a McDonald’s double quarter pounder with cheese.  The “culprit”, Madison Turner, is fighting the traffic ticket.  He denied driving unsafely and said the officer explained that “he observed me eating a burger for two miles.” Under Georgia law, motorists must…
  • Are Homeowners Better Drivers Than Renters?

    Matthew Weiss
    14 Jan 2015 | 6:34 am
    A recent Insurane.com report indicates that homeowners are better drivers than renters.  The website found that drivers who own their home file fewer insurance claims than than renter counterparts.   Data from over 700,000 drivers was analyzed.  The study also concluded that drivers 18 to 24 who lived with their parents filed the most insurance claims (even more so that renters) and that drivers between 65 and 99 filed the least number of claims. It is surmised that homeowners generally have higher net worths and/or more stability than renters leading to the difference in claims between…
  • Ignorance Of The Traffic Law Does Not Apply To Police Officers

    Matthew Weiss
    7 Jan 2015 | 6:45 am
    In 2009, a man was illegally stopped near Dobson, N.C. because one of his brake lights was out. The owner consented to a search of the car and the police officer found a bag containing cocaine.  The hitch, however, is that, under North Carolina law, it is only illegal to drive a car when both brake lights are inoperable making the initial stop illegal. The Supreme Court was recently asked to decide whether the police officer’s stop constituted and illegal search and seizure in violation of the Fourth Amendment. Surprisingly, the high court held (8-1) that the stop was reasonable…
  • Traffic Violations Bureau Held Not A Court

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

  • Brain injury rehabilitation - the fight for consistency of care

    Spencers Solicitors
    27 Mar 2015 | 7:15 am
    Any brain injury, even cases involving relatively minor brain damage, can have a profound and lasting effect on the life of the brain injured survivor and their family. In addition, due to the range and complexity of brain injuries, rehabilitation following an injury can vary greatly from patient to patient. Therefore, in this blog I wanted to share some of the scenarios I've encountered when helping those who have suffered a brain injury, and how a focus on getting the right support early can have a profound impact. Importance of early Rehabilitation The Royal College of Physicians defines…
  • Just a bad hair day

    Spencers Solicitors
    26 Feb 2015 | 8:50 am
    The unregulated industry - would you know what to do if you were harmed through hair treatment? The UK hairdressing industry employs nearly a quarter of a million people across 55,000 businesses and, as with any industry of that size, standards and safety procedures often widely vary. However the UK hairdressing industry is also totally unregulated, meaning that almost anyone can set up a business as a hairdresser without any formal qualifications or recognised training. The influence of fashion coupled with a desire by many to look younger, has led to a steady increase in spending on…
  • Has concussion in rugby doubled, or are we just better at diagnosing it?

    Spencers Solicitors
    17 Feb 2015 | 2:50 am
    I have blogged previously about the issue of head injury in sport, and so when George North hit the headlines last weekend - after being concussed twice in the match against England - I was concerned that yet another player had suffered serious injury after concussion went seemingly unnoticed during play. However this incident, along with the England Professional Rugby Injury Surveillance Report that recounted a staggering 59% rise in concussions from 2013-14 compared to the previous season, has sparked major debate. In fact, the matter of head injury in sport, and of course especially…
  • 'Where we're going, we (do) need roads', but maybe not a driver

    Spencers Solicitors
    30 Jan 2015 | 4:20 am
    If like me you were a child of the 80's you will remember only too well the Back to The Future films which first hit our screens in 1985. Believe it or not, Back to The Future Part II was set in part, in 2015. You remember, flying cars, self-drying jackets, hover boards and those Nike self tying laces (which by the way, Nike are actually making this year in homage to the film). So I thought to myself, how far have we come in the last thirty years, since the film predicted our future? Well, in 1985 the Polaroid Sun 600 camera was brought to the market with its instantly printed photographs,…
  • Compensation: myth and reality

    Spencers Solicitors
    16 Jan 2015 | 5:56 am
    Working as a personal injury lawyer, the phrase 'compensation culture' is unfortunately never far away - and sometimes it's not hard to see why. Almost every TV channel, radio station and newspaper will have some form of advert stating 'where there's blame there's a claim' or 'you could be entitled to compensation'. Meaning it is easy for the public to start believing people claim for almost any mishap or financial irregularity, in exchange for huge sums of cash. But I assure you this isn't the case, and so I wanted to revisit a few of the myths around compensation in the workplace that the…
 
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    White Plains Personal Injury Lawyer Blog

  • WINTER OF ICE - 2015

    24 Mar 2015 | 10:04 am
    The months of January & February, 2015 were full of ice storms causing havoc on the roads and a nightmare for pedestrians. The property owner is responsible for cleaning snow and ice off their premises. When a pedestrian falls on snow and ice on a property, the property owner may be liable. The property owner is not automatically responsible to pedestrians. There is no duty of the property owner to keep their premises free of snow and ice during a storm. The property owner must have reasonable time to clear the snow and ice after the storm has stopped. Many municipalities actually have…
  • METRO NORTH CLAIMS BEGIN

    12 Mar 2015 | 2:02 pm
    We recently blogged about the possible claims against Metro North on February 23, 2015 as a result of the collision with a car at the Commerce Street Crossing in Valhalla, New York. The accident caused the death of 5 people on the train and the death of the driver of the car on the tracks, along with injuries to 12 other people on the train.. We outlined in the blog different areas that Metro North could be liable including the design of the crossing where the accident occurred. The crossing was noted to be a "dangerous crossing", in that, if 3 or more cars were at the crossing stopped for…
  • ECONOMY - GOOD NEWS

    2 Mar 2015 | 7:27 am
    Since October, 2014, there has been nothing but good news as far as job growth is concerned. The Journal News on October 4, 2014 had a headline "Economy Grows 248,000 jobs". The article by Paul Davidson pointed out that the unemployment rate fell below 6% for the first time since 2008. Employers added 248,000 jobs in September, 2014. The area of job growth was in broad ranges of industries including business services, professional finance, retail and healthcare. The jobless rate dropped from 6.1% to 5.9%. The Federal Reserve considers 5.5% as a normal level of unemployment. The Labor…
  • ANOTHER METRO NORTH TRAGEDY

    23 Feb 2015 | 9:46 am
    On Tuesday, February 3, 2015 six people were killed when a Metro North Train struck a car just north of the Valhalla Train Station. At least 12 other people on the train were injured. The victim was the driver of the SUV whose car was on the tracks when the gates at the crossing came down on her car. The woman Ellen Brody got out of her car to see the damages from the gate and the Metro North first car hit the SUV. The Metro North Train hit the SUV at about 6:30 P.M. at a narrow 2 lane crossing causing an explosion that engulfed the car and the train. This crossing is noted as a dangerous…
  • REAL ESTATE MARKET - REVISITED

    29 Jan 2015 | 8:07 am
    Starting in September, 2014, a series of articles have been written about the real estate market in the Hudson Valley. In the Journal News on September 23, 2014, an article written by Joseph Spector reports realtors note a 9.5% drop in sales compared to the same period in 2013. The median price of homes has been flat. The State Associations of Realtors cautioned against viewing the numbers as significant through the first 8 months of 2014 shaping up to be a strong market despite declines from 2013. Closed sales in August, 2014 reached the third highest total for the month in 7 years. Nearly…
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    Oakland Employment Lawyer Blog

  • San Francisco Firefighter Claims Discrimination on Basis of HIV Diagnosis

    Liberty Law
    26 Mar 2015 | 5:09 am
    A 40 year old firefighter in San Francisco has filed a claim with city officials, alleging that he was discriminated against and harassed at work after his coworkers learned he had tested positive for HIV. The man says that he does not know how or when he contracted HIV. He suspects that he contracted it after he was exposed in 2003 while working on ambulance duty. While treating a patient in the ambulance, he was splashed with blood. After the man had worked on the department for five years, he fell ill and lost 100 pounds. He took time off work. In 2006, tests revealed that he was HIV…
  • San Francisco Rec and Parks Employee Injured in Falling Tree Accident

    Liberty Law
    23 Mar 2015 | 5:07 am
    A worker with the San Francisco Rec and Parks Department was injured earlier this month by a falling tree in the Bayview District. The man is a long-time employee of the department, and is one of the managers. The incident occurred close to 10 a.m. on a weekday morning in Hilltop Park. Crews were working on a tree, and the man was caught underneath it. He was running from the tree as it was falling, and it hit him. Fortunately, the canopy of the tree hit him rather than the tree’s trunk. The man’s coworkers helped to get him out from underneath the tree. When first responders arrived on…
  • 72 Passengers from Asiana Airlines Crash Reach Settlements

    Liberty Law
    19 Mar 2015 | 12:42 pm
    Asiana Airlines settled 72 personal injury claims in lawsuits that were filed over a July 2013 crash landing at San Francisco International Airport. The flight was carrying 291 passengers and struck a seawall as pilots were attempting to land. Part of the tail of the plane was torn off, and the jet skidded down the runway before stopping and catching on fire. In the accident, 255 passengers and crew members suffered either no injuries or minor injuries. Another 49 suffered major injuries. Three people were killed. The settlement with the passengers involved not only Asiana, but also Boeing,…
  • Silicon Valley Firm Sued For Gender Discrimination

    Liberty Law
    16 Mar 2015 | 12:41 pm
    A trial that is underway in San Francisco is shining a light on Silicon Valley’s hiring practices and gender discrimination. Ellen Pao, a former junior partner at Kleiner Perkins, a venture capitalist firm, sued Kleiner Perkins for sex discrimination. Pao worked for Kleiner Perkins from 2005 to 2012. Pao went on to become interim CEO of Reddit. In her lawsuit, Pao alleges that she was prevented from becoming a senior partner at Kleiner Perkins because she was a woman. She also alleges that during her seven years at the firm, she was excluded from partner meetings and investment…
  • Father and Son Lost in San Mateo County Boating Accident

    Liberty Law
    12 Mar 2015 | 5:51 am
    Tragically, a father and a son were killed in a boating accident in San Mateo County. The father, age 49, and the son, age 22, were killed after their canoe capsized. A third person who was in the canoe, a 22 year old woman who was the fiancé of the deceased son, was the only survivor. The U.S. Coast Guard responded to a call around 10:20 p.m. about three people who had left the shore of Oyster Point and had not returned. They had gone out fishing in a 12 foot orange canoe, and their vehicle was still parked at the marina at that time. Coast Guard crews used boats and helicopters to search…
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    Texas Criminal Lawyer Blog

  • Highly Invasive Body Cavity Search for Drugs at Texas Border Leads to Federal Lawsuit

    26 Mar 2015 | 2:13 pm
    In December of 2013, a 54-year-old Texas woman was traveling back from spending the Christmas holiday with a family friend in Ciudad Juarez, Mexico when she was stopped by federal agents at the Cordova Bridge border crossing in El Paso, Texas. As the unnamed woman was passing through the checkpoint, a police drug dog allegedly alerted on her, prompting U.S. Customs and Border Protection agents to select her for additional screening. The woman was quickly stripped searched and forced to undergo several body cavity searches at the crossing checkpoint, but the agents failed to turn up absolutely…
  • Be Careful - What You Say or Your Silence Can Be Used Against You

    19 Mar 2015 | 2:10 pm
    When a suspect is in police custody and being questioned by an officer, Texas law requires police officers to meet multiple conditions and give the suspect various warnings before statements made by the suspect can be used against him at trial. By being aware of these requirements, Texas residents can gain insight into the protections Texas law provides to those accused of a crime. Take for example the case of Steven Woods. The defense was able to establish that the interrogating officers did not fulfill the requirements needed to admit Woods' oral statements, and therefore, the highest…
  • What Uruguay's Legalization means for Latin America

    19 Feb 2015 | 8:00 am
    Surpassing all other countries in the world on modernization of marijuana laws, legislators in Uruguay passed a bill in December of 2013 to legalize and regulate marijuana nation-wide. Uruguay's president voiced strong support for the bill, noting a legalized market would reduce illicit drug trade, and signed the bill into law. Uruguayans over the age of 18 may legally grow six marijuana plants, form smoking clubs of 15-45 members with a production limit of 99 plants a year, and buy up to 40 grams or 1.4 ounces each month from government-regulated retail shops. See Uruguay's New Marijuana…
  • Expensive Math: Texas Prison Population Has Grown by 995% During the Last 40 Years While State Population Has Only Doubled

    12 Feb 2015 | 8:00 am
    Despite a relatively low crime rate during the last decade, between 1970 and 2010, Texas' prison population increased by 995%, even though the state's population only increased by 124% during that same time period. However, Texas' record-setting incarceration rates are not accidental--meaning this trend can still be reversed. Critics of excessive legislation and prosecutorial strategies such as mandatory minimum sentences stress that our excessive prison population is a direct result of the Texas Legislature constantly criminalizing new acts. Over the last decade, the Legislature has created…
  • When can a person be arrested without a warrant?

    5 Feb 2015 | 8:00 am
    Unlike federal law, which more broadly allows officers to make warrantless arrests based on probable cause, Texas laws specify the circumstances when officers can make arrests without a warrant. Understanding these circumstances may better help Texas residents understand the limitations of their rights in police encounters. Knowing the scope of police power can also help Texas residents make smarter choices in their day-to-day actions to avoid undue arrest and imprisonment. There are seven primary types of arrests not requiring an arrest warrant. On View Arrests: An officer can arrest an…
 
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    Sonoma County Criminal Lawyer Blog

  • "Plain Smell" Doctrine Results in Two Marijuana Busts in Sonoma County

    11 Mar 2015 | 7:31 pm
    Over the past few weeks, police in Sonoma County have made a number of arrests for transporting large amounts of marijuana. According to a report by Patch.com, two of the arrests resulted from an officer's report that he could smell marijuana in the car's cabin after making a routine traffic stop. This suspicious smell then gave the officer probable cause to search the car, where he found the marijuana. The "Plain Smell" Exception to the Warrant Requirement In general, any time a police officer wants to search a car or a home, they need to point to some articulable facts that would justify…
  • Santa Rosa Police Seize 135 Pounds of Marijuana and AK-47, One Man Arrested

    5 Mar 2015 | 6:57 am
    Earlier last month in Santa Rosa, police got word that the residents of an aging commercial facility that had been converted into three mechanic's bays were acting hostile towards a city inspector present to issue a cease-work order. The facility is located at 1905 Sebastopol Road. According to a report by the Press Democrat, when police arrived, they were met by several people, many of whom hid in various places throughout the facility. Police ordered everyone out, and many refused at first. However, eventually more police showed up on the scene and those who were hiding complied with police…
  • Four Charged with Smuggling $250K Worth of Marijuana from California to Pennsylvania

    24 Feb 2015 | 7:06 pm
    Earlier this month, four people were arrested and charged with various offenses relating to the alleged smuggling of 85 pounds of marijuana. According to one local Pennsylvania news source, the four had a complex plan to transport the marijuana from Santa Rosa back to western Pennsylvania, where it would be broken down for retail sale. Evidently, one of the four rented a car in western Pennsylvania and drove it to Santa Rosa, where it was packed up with 85 pounds of marijuana. From there, the driver picked up another friend and started their trek back across the country, heading for western…
  • Three Men Arrested in Half-Pound Sonoma County Meth Bust

    9 Feb 2015 | 6:01 pm
    Earlier last month in Guerneville, three men were arrested and charged with a variety of crimes in relation to a drug bust that yielded over a half-pound of methamphetamine. According to a news report by the Press Democrat, the Sonoma County drug bust took place on Old Cazadero Road, after police officers secured a warrant to search the location for narcotics. Evidently, upon executing the search warrant, the officers discovered what they claim to be evidence of drug sales, including scales and packaging material. In addition, they recovered over 200 grams of methamphetamine, which is just…
  • California Appellate Court Rules "Concentrated Cannabis" Counts as Marijuana under the Compassionate Use Act

    11 Jan 2015 | 6:52 pm
    Earlier last year in December, a California appellate court reversed a lower court's decision holding that concentrated cannabis was not considered "marijuana" under the Compassionate Use Act of 1996. According to one local news source out of Sacramento, the appellate court determined that "marijuana" under the Act included all parts of the cannabis plant, including oils derived thereof. The facts that gave rise to the case are as follows: A man's probation was revoked after he was found to be in possession of concentrated cannabis in the form of "honey oil" and "dabs." While the probation…
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    Traffic Law Stop's Blog

  • CHECKPOINTS TONIGHT 3/27/15 – 3/28/15.

    Casey Coats
    27 Mar 2015 | 6:24 pm
    Checkpoints tonight & this weekend 3/27/15 – 3/28/15 CLICK for the list!  PLEASE SHARE ~ Designate a Driver! Checkpoints 3/27/15 – 3/28/15  ***Let us know if you see a Checkpoint: text (314) 368-8123, FB message or post to the page, cllick “Make Report” on our FREE App ‘NO MO DUI’ (Get it on Google Play or Amazon) or iPhone www.mobile.nomodui.com **St Charles County Saturday, March 28, 2015, 7:00 PM start: “Operation A.R.R.E.S.T.” Alcohol Related Response Enforcement Strike Team.  (MSHP Troop C) **Rolla March 2015:  will have special…
  • “Positive Ticketing” in Moline Acres.. Yes May I Have Another?

    Casey Coats
    19 Mar 2015 | 8:38 pm
    Moline Acres’ “Positive Ticketing” Program – the first 30 days. Moline Acres’ “Positive Ticketing” Program – the first 30 days. That’s right, the new program is called Positive Ticketing. The STLtoday reported that Moline Acres handed out more than 60 tickets last month to citizens for doing things right.*  Police are conducting traffic stops to reward behavior like stopping fully at a stop sign, putting trash in a trash receptacle, etc. The police are issuing tickets that look like normal traffic tickets but there is no actual court…
  • CHECKPOINTS TONIGHT – ST PAT’S DAY!

    Casey Coats
    17 Mar 2015 | 9:16 pm
    St Patrick’s Day – Lots of Checkpoints Tonight! Click below for Tonight’s Checkpoint Recap Report at 11:15PM   Like our FB page to get our Alerts filtered into your FB feed.  Download our App for Alerts to your Cell phone. Do you have to Blow? Do you have to answer questions?  REMEMBER – Check our App for your Rights during a Checkpoint Stop! Tonight’s Checkpoints – St Pat’s Day: –On Reavis Barracks at 55 commuter lot.  Mobile DWI van, tow truck and several patrol cars in the lot. Confirmed, pics posted to our FB page. CONFIRMED.
  • It’s CHECKPOINT Season Again!

    Casey Coats
    13 Mar 2015 | 10:45 am
    CHECKPOINTS & DWI SATURATION PATROLS: Several have been announced for 3/13/15 – 3/14/15 and March 2015. All winter long it’s been cold outside and the Police have been overworked dealing with looting, protests, crime spikes, etc… they’ve barely had enough time to write traffic tickets, lol! But it’s warming up outside – and somebody has to pay for ALL THAT POLICE OVERTIME from last Fall and over the winter! Who better to raise funds from than the drunk drivers? Nobody really feels sorry for the drunk drivers, it’d be hard to sympathize with high…
  • Dellwood Ticket Amnesty Program

    Casey Coats
    10 Mar 2015 | 6:51 pm
    Dellwood Municipal Court to Dismiss 1000’s of traffic charges on 3/20/15 – Find out if they are Dismissing YOUR case? Dellwood Mayor Reggie Jones orders the Dellwood Municipal Court to Dismiss all traffic cases that were pending PRIOR TO April 11, 2012. The pardons will become effective and the cases will be Dismissed on March 20, 2015.   Additionally all Failure to Appear charges and outstanding Warrants associated with those pre- April 11, 2012 cases will also be Dismissed and Recalled. April 11, 2012 is the date that the Dellwood Police Department was dissolved and St Louis…
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    Tampa Bay Injury Attorney Blog

  • AAA Study Shows Accidents Involving Distracted Teen Drivers on the Rise

    Whittel &#38; Melton, LLC
    27 Mar 2015 | 3:11 pm
    Most people recognize that using a cell phone while driving can prove deadly. However, a new AAA study shows that cell phone use is hardly the only activity that may cause you to become involved in a serious auto accident. The most recent research carried out by the AAA Foundation for Traffic Safety concludes that most teens involved in crashes are guilty of distracted driving but, not all of these cases involve distracted driving associated with cell phone use. According to AAA, distracted driving is a factor that is present in 6 out of all 10 accidents that are moderate or severe.
  • Tips to Stay Safe on a Spring Break Cruise

    Whittel &#38; Melton, LLC
    20 Mar 2015 | 6:14 pm
    Spring break is officially here, which means there are going to be lots of kids, teens, families and college students taking cruises to exotic places. While some will be cruising with their parents, others will be venturing off into the seas with friends. Due to the fact that there will be a higher number of young passengers on board cruise liners, our Tampa Bay Injury Lawyers at Whittel & Melton would like to point out some tips to keep yourself and those you are travelling with free from danger. Cruise vacations should be fun, relaxing and enjoyable. However, the reality is that many…
  • Woman Texting Walks into Path of Polk County Train

    Whittel &#38; Melton, LLC
    16 Mar 2015 | 3:58 pm
    A 27-year-old central Florida woman escaped serious injury Monday afternoon when she walked into a train while texting. Police claim the woman was texting as she walked around the crossing gates and into the path of a passing freight train in Lakeland. Lakeland police Sgt. Gary Gross said the woman “wasn’t paying attention.” She was hit by the train and tossed into the air. She suffered a compound fracture to her right arm and her right leg was also injured. The train had two locomotives and was carrying consumer goods from Winter Haven to Jacksonville. Texting while driving…
  • Toddler Killed in Drunk Driving Crash

    Whittel &#38; Melton, LLC
    3 Mar 2015 | 5:44 pm
    According to police, a 2-year-old boy was killed after a Winter Haven woman who was drunk crashed an SUV loaded with passengers. The Florida Highway Patrol believes the 24-year-old woman drove her vehicle onto a shoulder in Manatee County on Saturday afternoon. The vehicle went airborne, overturned several times and crashed into several trees. The accident killed the 2-year-old Winter Haven boy, who police said was not wearing a seatbelt or child restraint. The driver, two adult passengers and a 6-month-old boy were seriously injured. Seven other children suffered minor injuries. The female…
  • What You Need to Know About the Takata Air Bag Recall

    Whittel &#38; Melton, LLC
    26 Feb 2015 | 6:36 pm
    According to the National Highway Safety Administration, Japanese auto parts maker Takata Corp. refuses to cooperate with the government’s investigation of its air bags. The NHTSA announced on Friday that it will impose fines of $14,000 a day that will continue until key safety information is provided. Here are the key points you need to know regarding the Takata airbag recall: What The Problem Is. The inflators propelled by ammonium nitrate can explode with too much force, which can result in shrapnel ejecting onto drivers and passengers. At least six people have been killed and 64…
 
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    Minneapolis Personal Injury Law Blog

  • Challenges predicted for treating traumatic brain injuries

    On behalf of Rischmiller & Knippel LLP
    27 Mar 2015 | 8:32 am
    Most of us know that traumatic brain injuries can have profound effects on victims. This is because our brains are the reservoir of our personalities. Our memories, our hopes and dreams and even our preferences for food and music are all stored in our heads. That is why even a relatively minor TBI can touch every other aspect of our lives, as well as those who care for us. It's estimated that TBIs account for 50,000 deaths annually and 235,000 hospitalizations. There may be as many as 5.3 million Americans living with complications from TBI. These include problems related to behavior,…
  • Medical malpractice and state nursing home report cards

    On behalf of Rischmiller & Knippel LLP
    20 Mar 2015 | 6:52 am
    Most people don't think about nursing homes as facilities where medical malpractice can occur. That is probably because many of us associate medical malpractice with what we see portrayed in television shows and movies. Anyone who has ever watched a medical drama is probably more familiar with doctors making surgical errors than nursing home workers administering incorrect medications to patients. Unfortunately, medical negligence does happen occasionally in nursing homes despite its relative lack of publicity. Bad things can sometimes happen to patients like health care providers failing to…
  • Recovery for your child’s lifelong troubles from birth injuries

    On behalf of Rischmiller & Knippel LLP
    10 Mar 2015 | 8:42 am
    Frequent readers of our website's blog may remember an article about a hospital's $5.25 million settlement for birth injuries. In that case which took place in 2006, the mother of a brain-damaged child claimed that her child's injuries were the result of the hospital's decision to delay the child's birth. The mother also claimed the doctor failed to manage her labor correctly and administered a drug which may have decreased blood flow to her child's brain. One of the most tragic things about many birth injuries is that they often cause lifelong debilitating problems for the victim. This can…
  • How do I avoid auto accidents when driving in snow and ice?

    On behalf of Rischmiller & Knippel LLP
    6 Mar 2015 | 3:57 am
    Most Minnesota residents are forced to drive in snow and ice whether they like it or not. The best way for you to avoid car accidents while driving in these conditions is for you not to cause an accident as a result of your own actions. All of the experts agree that staying at home during periods of inclement weather is the only fail-proof way of avoiding collisions. But for most of us that simply not an option. Here's what you can do: -- Learn how to slide and skid in your vehicle. The experts say that experience is really the only way drivers can successfully learn how to deal with losing…
  • Gunshots cause disproportionate number of spinal cord injuries

    On behalf of Rischmiller & Knippel LLP
    25 Feb 2015 | 9:10 am
    When most of us think of spinal cord injuries we imagine people injured in car accidents or in some kind of workplace mishap. And while it's true that those situations result in many SCIs, injuries from gunshots are often overlooked. The National Spinal Cord Injury Statistical Center, an agency which tracks SCIs, says that acts of violence have now become the third leading cause of all SCIs. Violent acts involving gunfire top the list in that category. Many younger SCI victims are paralyzed as a result of gunshot wounds. Adjusting to life as a paraplegic or quadriplegic can be especially…
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    Harrison County Personal Injury Law Blog

  • Determining fault in a slip-and-fall accident can be tricky

    On behalf of Carlile Law Firm LLP
    27 Mar 2015 | 5:42 am
    Slip-and-fall accidents happen all the time. Sometimes those falls leave little damage, except perhaps to the person's ego. But, in thousands of other occasions each year, people across the country, including in Texas, are hurt -- many seriously. When that happens, injured Texans may be able to receive compensation from the owner of the property where the injury occurred. But, before a person can receive compensation for their injuries, they need to prove that the property owner was at fault. Doing so can be trickier than people expect. There are a number of factors to consider on the way to…
  • Car accident fires: How common are they?

    On behalf of Carlile Law Firm LLP
    20 Mar 2015 | 5:53 am
    Spend some time watching movies or television and you may think that car fires happen all the time. Indeed, Hollywood sometimes makes it seem as if cars burst into flames at the merest bump. But while Hollywood exaggerates, the reality is that car fires are all too common in Texas and elsewhere. Consider the following statistics. In 2012, public fire departments across the nation responded to highway vehicle fires over 172,000 times. Keep in mind, that this number includes only highway vehicle fires. Put differently, nationwide a vehicle fire breaks out every three minutes. Most of those are…
  • Products liability: we help Texans injured from auto defects

    On behalf of Carlile Law Firm LLP
    12 Mar 2015 | 12:08 pm
    Texans spend a lot of time in their cars. That familiarity can breed a sense of safety. After all, if they routinely get from point A to point B safe and sound, then driving must be safe. But, that sense can be an illusion. Cars are not always safe. Some are poorly designed. Others have parts that were poorly manufactured. When these defects appear, it can injure or even kill those in the car. When that happens, we can help. For nearly two decades we have helped Texans file products-liability lawsuits that seek fair compensation for the harm victims have suffered. Such compensation includes…
  • Trucking logs can be a roadmap

    On behalf of Carlile Law Firm LLP
    5 Mar 2015 | 12:18 pm
    Texas roads are filled with trucks. That is usually a good thing. After all, trucks play an important economic role. They transport food and other goods quickly and cheaply across the state and even the nation. But the prevalence of these massive vehicles also pose risks for those unlucky enough to get in an accident with them. When a truck accident occurs, Texans will want to investigate. One record they will want to look at is the driver's trucking log. Under federal law, a driver must keep track of all the time he or she drove in the previous seven days. Those include when the driver did…
  • What compensation can Texans receive after a car accident?

    On behalf of Carlile Law Firm LLP
    27 Feb 2015 | 9:08 am
    Driving could be one of the most dangerous things a Texan does all day. A mistake or mishap can lead to injury or death. When that happens, Texans can file a lawsuit to recover damages. In other words, Texans can file a suit that, if successful, could result in money to pay for the harm they suffered because of the car accident. What types of damages are available? While there are various types of damages recoverable after an automobile collision, there are four major types an accident victim could seek. The first is medical expenses. This category covers a range of expenses from those…
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    Tennessee Estate Law Blog

  • Basics about Tennessee Probate

    Ryan Simmons
    3 Mar 2015 | 1:05 pm
    Recently, I appeared on Nashville’s News Channel 5 Talk of the Town Extra to talk about the basics of probate in Tennessee. If you have recently experienced the loss of a loved one, you know how hard things can be during such a trying time. For that reason, our firm is able to assist and advise you throughout the process. Whether you need help transferring a piece of real estate after someone has passed or need assistance with a small estate, The Higgins Firm is here to help you and your family. The following video provides some of the basic information about probate in Tennessee. If…
  • Estate Planning New Year’s Resolutions

    Ryan Simmons
    19 Jan 2015 | 2:39 pm
    Having entered the New Year you may have created a list of resolutions that you hope to accomplish sometime during 2015. Some may be looking to exercise more, eat healthier, or even save some more money. Although it may not be one of the first things that you think of in setting your resolutions, estate planning is a goal that can be easily accomplished without spending too much money or time. If you have questions about your estate plan, contact the Nashville estate planning attorneys at The Higgins Firm. So you may be wondering what exactly an estate plan is. In its most basic form, an…
  • Tennessee Probate Inheritance Taxes

    Ryan Simmons
    23 Dec 2014 | 10:52 am
    While it seems as though you can be taxed for almost anything these days, there is good news for those who may be worried about potential inheritance taxes in Tennessee. Many states have made a push to eliminate inheritance taxes in an effort to draw new residents and businesses. Tennessee has followed suit. The Tennessee state legislature has enacted legislation to gradually increase the inheritance tax exemption amount before completely eliminating the tax in 2016. The Tennessee inheritance tax exemption allows for any estate valued under the set amount to be exempt from paying the…
  • The Importance of Estate Planning for Those who are Single

    Ryan Simmons
    17 Dec 2014 | 9:59 am
    The landscape of the American population is ever changing. In 1970, approximately one-third of Americans age 15 and older were single. In 2013, that number had risen to nearly one-half. With a growing population of single individuals, it is important to recognize the implications on estate planning. While much of the attention on estate planning may focus on those who are married and have families of their own, the reality is that estate planning can be even more important for those who are single. Those included within the singles population may include divorced individuals, those who have…
  • Divorce and its Effect on Estate Planning in Tennessee

    Ryan Simmons
    2 Dec 2014 | 2:15 pm
    Life is full of change. Many of those life changes can reach much farther than people realize. While a large portion of the population has been affected by a divorce, often those individuals do not understand the impact that it may have on their estate planning documents. Exactly what happens to a last will and testament or power of attorney after there has been a divorce? It is important to understand what can happen if your documents are not updated. If you have questions how a major life change may affect your estate plan, contact the Nashville estate planning lawyers at The Higgins Firm.
 
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    Maryland Divorce Lawyer Blog

  • Maryland Legislators Introduce Bill Addressing “de facto” Parental Status

    Anthony A. Fatemi, LLC
    16 Mar 2015 | 8:22 am
    Many family law cases, such as a divorce or separation proceeding, involve child custody and visitation issues. When the divorcing spouses are the biological or adoptive parents of the children involved, Maryland law provides ample protections with respect to their parental rights and responsibilities going forward. Significantly, courts have the authority to order a parenting arrangement and child support, in accordance with the best interests of the child. And if the spouse who is required to pay child support fails to meet the obligation, courts are empowered to take extra measures to…
  • Maryland Court Addresses Immigration Status of Child in Divorce and Custody Proceeding

    Anthony A. Fatemi, LLC
    2 Mar 2015 | 6:36 am
    When a married couple decides to go forward with a divorce, there will undoubtedly be many tough issues to address and resolve before the proceeding is over. Many spouses often choose to put off filing for a divorce, due to the emotional and financial repercussions. One of the most contentious issues tends to involve the children and how to allocate both physical and legal custody. There are many ways to sort through this part of the process, but no one solution is right for every family. Ideally, spouses will consult with their own legal counsel to ensure that their individual rights and…
  • Maryland Court Interprets Settlement Agreement Dividing Marital Property

    Anthony A. Fatemi, LLC
    12 Feb 2015 | 7:31 am
    In many divorce cases, a couple is able to reach an agreement concerning some of the key contentious issues, such as the division of marital property, alimony, child support, and the like. Of course, the parties are encouraged to find some middle ground on these fundamental matters, since it tends to save time, money, and unnecessary heartache. But even in cases where the parties initially agreed to a settlement that is incorporated in the divorce judgment, there is no guarantee that circumstances won’t arise in the future that will prompt one spouse to seek the court’s…
  • Maryland Law Governs Significant Aspects of Divorce

    Anthony A. Fatemi, LLC
    30 Jan 2015 | 6:02 am
    Each state in the country has the authority to enact laws governing marriage and divorce. These laws can vary a great deal, especially when it comes to the acceptable grounds for divorce. The Maryland Family Code identifies two types of divorce that couples may pursue:  absolute and limited. When seeking an absolute divorce, the couple must establish legal grounds for separation. State law provides the following acceptable scenarios:  a 12-month separation period, desertion, adultery, cruelty, excessively vicious conduct, certain criminal convictions, and insanity. According to the Maryland…
  • Maryland Enacts New Laws to Protect Families from Domestic Violence

    Anthony A. Fatemi, LLC
    22 Jan 2015 | 7:58 am
    Many states throughout the country have enacted “no fault” divorce laws, essentially permitting married couples to file for divorce without first citing specific grounds or satisfying other cumbersome requirements. Under Maryland law, however, spouses may only file for a “no fault” divorce after living apart for one full year, in separate homes. This is a requirement. Parties may file for divorce immediately if one can prove certain events including adultery, cruelty of treatment, and excessively vicious conduct. According to an article published last year, the state of this current…
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    Houston Family Law Blog

  • Is a prenuptial agreement important in Texas?

    On behalf of Shriver & McLean, L.L.P.
    26 Mar 2015 | 5:44 pm
    A prenuptial agreement can be a touchy subject. Some people believe it shows a lack of trust, and others think it may mean that a partner may not intend to stay faithful. Whatever your initial thoughts are on a prenuptial agreement, there are several reasons why getting one is beneficial. The main reason you should consider a prenuptial agreement is that it protects you and your assets. You bring a number of things into your relationship, from money to stock accounts; keeping these in your possession even in the case of divorce should be your priority. Some evidence suggests that only 5 to 10…
  • How Texas compares to the nation in terms of divorce

    On behalf of Shriver & McLean, L.L.P.
    19 Mar 2015 | 1:17 am
    As a resident in Texas, you probably think you know all there is to know about marriage and divorce in the state. There are several interesting facts you may not know, though, that could alter your opinion of divorce in the state. For example, did you know that there were 101,856 divorces recorded in Texas in 2014? That's a huge increase from 2012, when only 80,030 couples decided to end their marriages. What's interesting about the rise in divorces is also the number of children who are being affected. According to the Department of State Health Services, around 62,196 children were directly…
  • Same-sex couples in Texas burdened by legal paperwork

    On behalf of Shriver & McLean, L.L.P.
    12 Mar 2015 | 12:32 pm
    Living in Texas, there are a few laws that differ from other states and countries. For one thing, same-sex marriages are not recognized. While that may not seem like a big deal to some, it does have a major impact on families. For these couples to protect themselves, they must complete extra legal paperwork and spend countless hours making sure their children and assets are protected. Take for instance two men who were married in Canada in August 2007. They have two children, but Texas doesn't recognize the couple as being married. Their family is protected from being torn apart in the tragic…
  • Get a prenuptial agreement and protect your assets in marriage

    On behalf of Shriver & McLean, L.L.P.
    2 Mar 2015 | 2:09 pm
    Prenuptial agreements can help protect what's yours before entering a marriage so that it remains yours in the case of a divorce. What about if you're a farmer, though? Interestingly, prenuptial agreements can still help. In fact, prenuptial agreements between farming couples are becoming more common. Prenuptial agreements are common in Texas when each party has previously been married, for instance, potentially due to the fact that each person wants to protect what he or she has brought into the marriage. Sometimes, the person with greater assets wants the prenuptial agreement to make sure…
  • At-fault versus no-fault divorce in Texas

    On behalf of Shriver & McLean, L.L.P.
    25 Feb 2015 | 11:17 am
    There are several reasons a divorce can be allowed to take place in Texas. A divorce can be granted without someone being "at fault," but there are also cases where a party can be at fault. There are a few categories "at fault" divorces can fall under. Cruelty is the first. A divorce may be granted if the spouse in question is being abusive toward the spouse requesting divorce. This situation makes a marriage less likely to be able to continue, so the judge may agree to a divorce. The conviction of a felony is another situation where a divorce could be granted in favor of the person who…
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    Morristown Personal Injury Law Blog

  • Property owners may be held liable for fall-down accidents

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    24 Mar 2015 | 5:27 am
    The owners of public properties in New Jersey are responsible for ensuring the safety of the people who enter the property. The failure to take the necessary precautions to eliminate --or at least reduce -- any hazards that could cause fall-down accidents could result in serious injury or death. If you were injured or lost a family member due to dangerous property, you may file a civil action attempting to hold the owner liable for your injuries or the death of your family member. Property owners are responsible for ensuring that there is adequate lighting on the premises to ensure that the…
  • Number of fatal car accidents in New Jersey increases by 1

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    17 Mar 2015 | 4:05 pm
    Each year, New Jersey officials calculate the total number of accidents that occur around the state. Further analysis of the car accidents tabulates certain factors such as crashes involving fatalities, speed and impairment, among other things. Sometimes, a wreck will fit into several categories, which could be the case with a recent fatal accident that took place on Route 31 near Route 518. Both vehicles involved in the accident were traveling on Route 31, but in opposite directions. From the information currently available, it appears that the crash occurred in the northbound lane, which…
  • Did driver's negligence lead to the death of another driver?

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    13 Mar 2015 | 6:36 am
    New Jersey has seen its share of inclement weather this winter. Snow storms blanketed the state and its roadways, which caused travel to become treacherous at times. Officials urged residents on more than one occasion to stay off the roads if possible and, if not, to take extra precautions. Under these circumstances, an accident could easily be caused by a driver's negligence. During a recent snow storm, police and other emergency responders were called to the scene of an accident on New Jersey 28 in the central part of the state. Preliminary reports regarding the incident indicate that a…
  • Family recently lost a loved one to dangerous intersection

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    4 Mar 2015 | 7:16 am
    Some intersections in New Jersey see a higher number of crashes than others. Often, the construction of the intersection is part of the issue. A family recently lost a loved one at a Morris County intersection that one official says needs improvement. Local officials are said to be working with the New Jersey Department of Transportation to make the intersection safer. In fact, the DOT assisted in the investigation of the recent accident that killed the family's 17-year-old son. The teen was a passenger in a car driven by a 17-year-old girl. As they approached the dangerous intersection, the…
  • Did negligence lead to the death of one man and several injured?

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    18 Feb 2015 | 4:34 am
    The New Jersey Turnpike Authority spent approximately $2.5 billion adding six new lanes of travel, which added nearly 170 miles of roadway between exits 6 and 9. Funding was allocated to hire 21 new road maintenance workers to provide coverage for this new section of road, and so far, 15 have been hired. Even so, the Authority could be facing litigation alleging negligence after a man died and numerous others were injured in multi-vehicle crashes that occurred during recent inclement weather on the new stretch of the roadway. The Authority says that on the night in question, 15 plows were out…
 
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    Columbus Personal Injury Law Blog

  • 1 killed, 5 injured in car accident with drunk driver

    On behalf of Dale Perdue
    25 Mar 2015 | 7:01 pm
    Even though the dangers of drunk driving are well known, many people still choose to do so. One woman who was employed by a large company and taking classes for a graduate degree, is now having to forgo that lifestyle while she encounters the Ohio criminal process. The 24-year-old is accused of drunk driving, the result of which was a fatal car accident. In the early hours of a weekday morning, the woman drove onto a highway. However, she entered the highway near downtown Columbus on the wrong side. The investigators suspect that she drove over 16 miles before crashing into a minivan at…
  • 4 injured in crash, 3 are fire fighters

    On behalf of Dale Perdue
    21 Mar 2015 | 1:20 pm
    Whenever an emergency vehicle such as an ambulance or fire truck approaches with their lights flashing and siren on, other drivers are required to move out of the way. Unfortunately, not all drivers will yield to emergency vehicles, which could cause a crash. One such crash recently occurred in Munson Township in which three Ohio fire fighters and one driver were injured. Just after 3 p.m., a fire truck was traveling on a two-lane road with the lights and siren engaged. A minivan noticed the oncoming vehicle, and the driver of the minivan decided to slow down and move to the side of the road…
  • Product Recalls: Many New Recalled Cars Being Sold

    By D. Andrew List
    21 Mar 2015 | 10:53 am
    Product Recalls Alert:  According to a recent undercover investigation, hundreds of new motor vehicles subject to open recalls were sold in 2014. According to federal law, new cars sold by dealerships are supposed to be free of all potential safety defects, including recalls.  Car salespeople are not legally bound to inform consumers regarding a recall, but the dealership is legally required to take care of the recall before selling a vehicle. The National Highway Transportation Safety Administration is the governmental agency tht is responsible for guaranteeing…
  • Dog bites can be costly to owners

    By Glen R. Pritchard
    20 Mar 2015 | 12:44 pm
    Dog bites can become even more expensive for dog owners in Cincinnati, Ohio following adoption of a new law earlier this month. Owners of dogs who bite can now be fined up to $15,000.  The Cincinnati Enquirer reported that the law which was adopted on March 5th, "stops short of criminalizing dog bites."  According to Cincinnati Councilman Kevin Flynn, the new law is designed to target irresponsible dog owners rather than specific dogs or dog breeds. The Cincinnati law will permit police to cite owners civilly with first time fines of $5,000 and up to $15,000 for repeat…
  • Son files wrongful death suit on behalf of father

    On behalf of Dale Perdue
    19 Mar 2015 | 1:21 pm
    A son has recently filed a civil suit after his father lost his life in a car crash. The two Ohio residents suffered injuries on an icy morning when the car in which they were both riding as passengers crashed. However, the father did not recover from his injuries, and the son is now pursuing wrongful death litigation concerning his father and personal injury litigation for himself. Shortly after 8 a.m. on Jan. 8, 2014, the father and son were riding as passengers in a 27-year-old man's vehicle. The driver suddenly lost control of the vehicle as he drove on the icy road, and the car crashed…
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    North Texas Legal News

  • A Major Victory for Pregnant Working Women in the US Supreme Court – Young v. UPS

    Leiza Dolghih
    27 Mar 2015 | 8:12 am
    This week, the United States Supreme Court issued a long-awaited ruling in Young v. UPS addressing how employers should treat pregnant employees under the Pregnancy Discrimination Act. The Pregnancy Discrimination Act prohibits discrimination based on pregnancy and states that employers must treat pregnant women at work the same as “other persons” who are not pregnant but are similar in their ability or inability to work.  42 U.S.C §2000e(k). Young, a UPS driver whose doctor told her not to lift over 20 pounds after she became pregnant, sued UPS because the company refused…
  • A Texas Company’s Chairman is Personally on the Hook for $1.3 Million for Hiring a COO Without Board Approval

    Leiza Dolghih
    15 Mar 2015 | 11:34 am
    Earlier this month, the First Court of Appeals  in Wilmot v. Bouknight upheld an award of $1,337,500 against a company executive and the chairman of the board who hired a chief operating officer (COO) for a 5-year term knowing that he did not have the authority to enter into such agreement without the board approval and knowing that the board would not approve the agreement. For two years, the chairman proceeded to give the COO assignments, provided him paychecks, promised him additional compensation, and treated him like he was working for the company. Then he fired him, almost three…
  • Anti-Raiding Provisions with Clients, Vendors and Subcontractors – Why It’s a Good Idea

    Leiza Dolghih
    10 Mar 2015 | 11:46 am
    Many companies have basic non-compete provisions that prevent employees from working for a competitor for a certain period of time, but they often fail to address a situation where an employee goes to work in-house for a client of the company or jumps ship to work for a vendor, supplier, or a subcontractor of the company. While, technically, such move by an employee may not constitute “competition” with his/her former employer, a lot of times it eliminates a client’s need for the company’s services in the area that is now being covered by the new employee or it…
  • Four Ways to Protect Your Business Ideas: Patents, Trademarks, Copyright, and Trade Secrets

    Leiza Dolghih
    1 Mar 2015 | 9:08 pm
    Whether you are an owner of an established business or a budding entrepreneur working on a start-up, understanding how you can protect your business ideas is key to making your company attractive to investors, securing funding, growing the company and ensuring the longevity of your business. Depending on the type of idea that you have, the state of the idea, and the amount of money at your disposal, you have the following four ways to protect your intellectual property: 1. PATENTS.   There are three types of patents in the U.S.: utility patents (90% of all patents); design patents,…
  • Responding to an EEOC Discrimination Charge: A Guide for Texas Employers (Part III)

    Leiza Dolghih
    18 Feb 2015 | 7:56 am
    In Part I, I outlined the EEOC process of investigating a charge of discrimination, and in Part II, I described the steps that an employer should take in responding to an EEOC’s charge of discrimination or retaliation. Finally, in Part III, I address what business owners should consider specifically in drafting a position statement. 1. Remember that a position statement can be later used in litigation. What employer states in a position statement can be used in litigation, thus the employer should be able to back up its statements with documents and/or witness testimony and verify…
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    Galveston Pharmaceutical Products Law Blog

  • Mirena birth control device may cause injuries

    On behalf of Hodge Law Firm, PLLC
    25 Mar 2015 | 3:21 pm
    Some Texas women turn to birth control to reduce the risk of pregnancy. One popular option for many women is the Mirena intrauterine device, which provides women with protection against unwanted pregnancies for up to five years by releasing hormones into the body. However, some women have found that the associated risks with the device outweigh the advantages, resulting in lawsuits.Mirena is a device that is inserted into a woman's uterus. The device releases hormones that prevent pregnancies by prohibiting the sperm from entering the uterus or from fertilizing the egg, thinning the lining of…
  • Use of Viagra may be linked to a variety of serious side effects

    On behalf of Hodge Law Firm, PLLC
    17 Mar 2015 | 3:11 pm
    Many residents of Texas are likely aware of the prescription medicine Viagra, a drug created by Pfizer Pharmaceuticals and approved by the FDA in 1998 for the treatment of erectile dysfunction. A large number of individuals, however, are unaware of the possible side effects that come with the use of this popular drug. In 2005, the FDA issued an alert for men taking Viagra and two other similar drugs, Levitra and Cialis. In this warning, the FDA stated that a small number of men had lost eyesight in one eye due to a condition known as non-arteritic anterior ischemic optic neuropathy. This…
  • How Texas residents may be impacted by Yaz

    On behalf of Hodge Law Firm, PLLC
    10 Mar 2015 | 10:52 am
    Yaz is a popular prescription pill produced by Bayer. Primarily used for birth control purposes, it is often prescribed to treat menstrual symptoms as well as to control moderate acne. While it can be effective when used as directed, there are several known side effects of the drug. For instance, women who are on Yaz may experience an increase in blood pressure as well as an increase in blood clots.It may also be possible for women to suffer a higher risk of breast cancer or heart attack. While Bayer says that the risk of these side effects is low, there have been lawsuits from those who say…
  • The FDA recalls thousands of MRI machines

    On behalf of Hodge Law Firm, PLLC
    5 Mar 2015 | 11:21 am
    Texas patients may be interested to learn that on Feb. 20, the United States Food and Drug Administration and General Electric issued a recall on thousands of MRI systems for non-functioning parts that could be life threatening. While it was initially stated that the recall included more than 5,000 machines General Electric MRI systems, the FDA ultimately recalled 12,968 machines under a class 1 recall. In the General Electric machines, it was discovered that the magnet rundown units, which control the magnetic field on the machine, could have problems with the connections. This could cause…
  • Drug recalls can affect the health of Texas patients

    On behalf of Hodge Law Firm, PLLC
    26 Feb 2015 | 6:11 pm
    Medications are made available to patients in order to treat specific health conditions with the intention of improving the patient's well-being. In the event that a medication proves to be unsafe in some way, however, a drug recall may occur to prevent harm to prospective patients and limit the harmful effects to those already exposed. In general, the manufacturer of the drug or the FDA initiates the drug recall. Reasons for a recall can vary. In some cases, a drug may prove unsafe after widespread use. Other times, inadequate packaging can influence the effectiveness or harmfulness of a…
 
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    New Haven Personal Injury Law Blog

  • How can someone prevent road rage?

    On behalf of Jacobs & Dow, LLC
    26 Mar 2015 | 2:51 pm
    Every year in Connecticut, incidents involving road rage occur, some resulting in tragic accidents. While it may be impossible to control the behavior of others, drivers can do certain things in order to lessen their likelihood of being the target of road rage.Common driving behaviors can lead to road rage incidents. Surveys indicate drivers are angered most by certain driving behaviors, so avoiding committing them may also help prevent road rage. People should drive in the far left lane only to pass, then getting back over into the right lane. Even if when people are driving at the speed…
  • Texting is not the only distraction for Connecticut teenagers

    On behalf of Jacobs & Dow, LLC
    24 Mar 2015 | 2:52 pm
    Most public service announcements on distracted driving focus on texting behind the wheel while ignoring other dangerous behaviors. In a recent survey conducted by Oregon State University, 27 percent of teenagers reported that they change their shoes or clothes as they drive. Some of the other drive-time activities discovered in the study include applying makeup, doing homework and changing contact lenses. As teenagers become busier, they may try to add more dangerous activities into their commute. On the other hand, the number of teenagers to report they texted while driving decreased when…
  • Plainville police attempting to find cause of deadly car crash

    On behalf of Jacobs & Dow, LLC
    18 Mar 2015 | 4:40 pm
    The accident reconstruction team in Plainville, Connecticut, is seeking information from anyone who might have seen the fatal head-on car accident that happened on New Britain Avenue. The accident left one woman dead and injured two others. West of the New Britain and Plainville town line, the Plainville police reported that the Mazda sedan driven by a 30-year-old woman crashed into a Nissan SUV traveling in the opposite direction. Rescue workers from the fire department worked to extract the 30-year-old woman from the wreck. She was rushed to Hartford Hospital, but her life could not be…
  • Paul Ryan and chief of staff face personal injury lawsuit

    On behalf of Jacobs & Dow, LLC
    16 Mar 2015 | 4:41 pm
    Connecticut residents may be interested to learn that Congressman Ryan Paul and his chief of staff have been named as defendants in a personal injury case. Initially filed in a trial court in the District of Columbia, the case involves a car accident that occurred in 2004. According to reports, the crash occurred on Interstate 395. The two plaintiffs claim the chief of staff did not maintain a safe distance behind them and was negligent in his actions. The U.S. Department of Justice stepped in to act on behalf of the defendant and has sought to have to case moved from a federal court. The…
  • A Connecticut driver is fatally injured in interstate crash

    On behalf of Jacobs & Dow, LLC
    11 Mar 2015 | 3:12 pm
    A portion of the eastbound lanes of Interstate 691 was closed off for about four hours following a multiple-vehicle crash that killed a Waterbury man on March 9 in Cheshire. According to reports from the Department of Transportation, the highway was fully open later that evening, allowing traffic flow to resume where the accident took place between Exits 3 and 4. The investigation of the circumstances regarding the incident was ongoing, said authorities. State police reported that the accident had involved three vehicles traveling in the right eastbound lane of Interstate 691.The highway had…
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    Massachusetts Workers' Compensation Lawyer Blawg

  • OSHA Files Complaint Over Equipment Hazards Faced by Workers at Shipping Company Operating in Massachusetts and Elsewhere

    Steven H. Kantrovitz
    28 Mar 2015 | 5:33 am
    The United States Department of Labor’s Occupational Safety and Health Administration (“OSHA”) has filed a complaint with the Occupational Safety and Health Review Commission regarding a shipping company that operates 170 freight terminals across the country. According to the complaint, a number of OSHA inspections revealed that the company failed to properly maintain forklifts at 11 shipping terminals in nine states, including Massachusetts. OSHA claims that inspections revealed the company failed to maintain its forklift equipment according to established safety standards since at…
  • Massachusetts Appeals Court Finds Employee Was Not Terminated for Seeking Workers’ Compensation Benefits

    Steven H. Kantrovitz
    25 Mar 2015 | 5:33 am
    In Massachusetts, an employer may not terminate a worker for exercising his or her right to receive workers’ compensation benefits. Despite this, an employee who is seeking such benefits may be fired for other well-articulated reasons. In Brewington v. Suffolk County Sheriff’s Dept., a jail officer suffered a dental injury in an altercation at work. As a result of his injury, the man sought workers’ compensation benefits. While gathering proof in support of his claim, the jailer intentionally submitted a back-dated report and medical progress note that was written months later to his…
  • Complex Massachusetts Workers’ Compensation Cases May Require Additional Medical Evidence

    Steven H. Kantrovitz
    19 Mar 2015 | 5:11 am
    A workers’ compensation judge may request additional medical evidence in complex cases. In Pasquale v. Benchmark Assisted Living, LLC, Board No. 039096-05, a woman hurt her right knee while working at a Massachusetts assisted living facility in 2005. Following her injury, the worker’s employer began paying her § 34 total incapacity workers’ compensation benefits based on her average weekly wage of about $1,250. About 18 months later, the worker sought mileage reimbursement at a conference that was held before an administrative judge. During the conference, the judge also considered the…
  • Numerous OSHA Violations Highlight the Importance of Workplace Safety in Massachusetts

    Steven H. Kantrovitz
    17 Mar 2015 | 11:48 am
    The United States Department of Labor’s Occupational Safety and Health Administration (“OSHA”) has reportedly issued more than $1.76 million in fines to a furniture store chain. According to OSHA, over 1,000 furniture company workers were injured at a single facility during a period of less than four years. About 100 of those injuries involved a machine that was operated without proper safety guards. Sadly, at least one worker lost three digits due to preventable safety hazards. In addition, the company was previously cited for a similar 2014 partial finger amputation accident.
  • Collecting Workers’ Compensation Benefits is Becoming More Difficult for Employees in Massachusetts and Across the Nation

    Steven H. Kantrovitz
    15 Mar 2015 | 11:48 am
    In many states, employees apparently have a tough time collecting benefits following a workplace injury because the workers’ compensation system that was designed to protect them has slowly eroded. According to an analysis performed by the nation’s Occupational Safety and Health Administration (“OSHA”), the most hazardous jobs are typically performed by those workers who are least able to afford an injury. Although safety is often touted in many dangerous industries, the most vulnerable workers reportedly suffer fractures, cuts, and other workplace injuries at alarming rates. Instead…
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    Rosen Louik & Perry, P.C.

  • Where medical diagnosing fails

    On behalf of Neil Rosen of Rosen Louik & Perry, P.C.
    27 Mar 2015 | 10:15 am
    Almost every Pittsburgh resident will visit the doctor this year. Some will visit for their annual exam and many more will need care because of an illness or injury. We all trust that our doctors will be able to tell us what is wrong and will help us get better but sometimes a doctor fails to diagnose our condition which can lead to a worsened condition. When a doctor fails to diagnose a patient's condition correctly it can sometimes have serious consequences. Some diseases such as cancer and heart disease that are not treated promptly can lead to a delayed treatment and the spread of…
  • A breast biopsy is often misdiagnosed

    On behalf of Neil Rosen of Rosen Louik & Perry, P.C.
    25 Mar 2015 | 10:16 am
    Many women in the Pittsburgh area will undergo a breast biopsy at some point. In the U.S. over 1.5 million women have them each year. A breast biopsy is performed after a woman finds a lump on her breast or if there is an abnormality found in a mammogram. When one of these things happen, a doctor removes a small amount of tissue, which is then tested. Breast biopsy tissue is tested by pathologists. According to a recent study, pathologists who analyze biopsies do not always come back with the correct diagnosis. This means that in some cases there is a failure to diagnose certain types of…
  • Meconium aspiration syndrome can be serious

    On behalf of Neil Rosen of Rosen Louik & Perry, P.C.
    20 Mar 2015 | 9:24 am
    Couples who are expecting a baby in Pittsburgh can be filled with anticipation and joy. Most deliveries go as planned but occasionally there is a birth injury which results in a serious birth injury. One such injury to the baby is called meconium aspiration. Meconium aspiration is when a newborn breathes in a mix of meconium and amniotic fluid during delivery. Meconium is the baby's first stool. Meconium is one of the leading causes of severe injury and death among newborns and occurs in five to 10 percent of births. It occurs more frequently in labors that are stressed or in pregnancies…
  • A forceps delivery can cause a serious birth injury

    On behalf of Neil Rosen of Rosen Louik & Perry, P.C.
    18 Mar 2015 | 9:25 am
    Expectant Pittsburgh parents are often excited about the upcoming birth of their child. They spend months planning the new baby's room, buying clothing and going over a birth plan. Expectant parents don't want to think about what would happen if the delivery process goes wrong, but occasionally birth injuries do occur. When a doctor uses forceps during delivery, for example, the baby may suffer an injury. Forceps are a medical device that is used infrequently during a vaginal delivery. The forceps look like salad tongs and the doctor applies them to the baby's head to help guide them out.
  • Gastric bypass surgery can lead to serious injuries

    On behalf of Neil Rosen of Rosen Louik & Perry, P.C.
    13 Mar 2015 | 1:54 pm
    Many people in the Pittsburgh area are weight conscious, and the pressure to be thin is great. Also, more people are health conscious and believe that surgically removing the extra pounds can be beneficial for their health. These surgeries are popular, but surgical errors do occur. Bariatric surgery has become extremely popular in the U.S. In the ten years between 1998 and 2008 the number of weight loss surgeries increased from 13,000 to more than 200,000. There are three main types of bariatric surgery. One is gastric bypass where the digestive system is rerouted past the stomach to suppress…
 
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    Maryland Criminal Lawyer Blog

  • Maryland Court Granted “Serial” Podcast Defendant’s Application for Leave to Appeal

    Anthony A. Fatemi, LLC
    20 Mar 2015 | 1:02 pm
    The journalists from “This American Life,” a public radio broadcast, recently created the hugely popular podcast, “Serial,” which “aired” last fall. According to their website, Serial presents one story (a true story), over sequential episodes. For its inaugural “season”, the journalists at Serial chose the 1999 murder of a Woodlawn High School student, Hae Min Lee. Her high school ex-boyfriend, Adnan Syed, was convicted of murdering Hae Min and is currently serving a life sentence in a West Maryland correctional facility. In some recent legal developments, a Maryland court…
  • Maryland Court Upholds Conviction for Resisting Arrest and Peace Order Violation

    Anthony A. Fatemi, LLC
    20 Feb 2015 | 1:19 pm
    The seriousness of a criminal arrest cannot be overstated, no matter what the severity of the crime. An arrest record or conviction can affect a person’s life in a variety of ways for years to come. And while a felony conviction is typically accompanied by a lengthier sentence and possibly more stigma later on, it is equally important to defend against a misdemeanor charge. If you have been arrested or charged with any type of crime, it is critical that you take steps to prepare a strong defense as early in the process as possible. An experienced Maryland criminal defense attorney will…
  • Maryland Court Upholds Suppression of Evidence in Traffic Stop Search

    Anthony A. Fatemi, LLC
    3 Feb 2015 | 6:15 am
    The Fourth Amendment of the Constitution guarantees citizens the right to be free from an illegal search and seizure. Law enforcement authorities are expected to have “probable cause” before conducting a search of a person or their car and other items. If you have been arrested or charged with a crime, it is important to determine whether the evidence supporting the charge was obtained in a legal manner. In cases where there is doubt about the legality of the search and seizure procedures, you may make a motion with the court to “suppress the evidence.” To understand your rights and…
  • Baltimore Attorney Announces Criminal Charges Against Maryland Bishop

    Anthony A. Fatemi, LLC
    22 Jan 2015 | 7:47 am
    Many people have heard of the legal terms “misdemeanor” and “felony.” These are the two categories of criminal conduct under Maryland law. Misdemeanors are considered to be less serious than felonies, and they likewise typically carry a less severe penalty if a conviction results. Some of the more common misdemeanors include drunk driving, petty theft, vandalism, reckless driving, and minor drug possession. Despite differences between misdemeanors and felonies, if you are charged with either type of crime, you are encouraged to contact an experienced criminal defense…
  • Maryland’s Highest Court Reviews Constitutionality of Criminal Counterfeiting Statute

    Anthony A. Fatemi, LLC
    7 Jan 2015 | 5:54 am
    A criminal arrest or charge is a serious matter that must be addressed accordingly. A defendant has much to lose in a criminal case, including his or her freedom, reputation, and future. There are many ways that one may respond to a criminal arrest, from raising a strong and solid defense that negates the crime to setting forth arguments that could serve to reduce the severity of the charges. In some cases, the defendant’s attorney may even argue that the law under which the person was charged is unconstitutional for one reason or another. While these arguments are not very common, they do…
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    Cape Cod Injury Lawyer Blog

  • Is Nothing Safe? Ford Recalls Limos, Police Vehicles, Ambulances, and Even Hearses in Maine, Nationwide

    John C. Manoog III
    27 Mar 2015 | 8:07 pm
    Because we handle many product liability cases, we understand that there are a lot more dangerous products on the market than there should be. Still, it would seem that things like ambulances, police vehicles, and hearses should be counted on to be defect-free. Sadly, this is not always the case. In the past year or so, we have told you about vehicle recalls ranging from motorcycles to family cars to trucks and SUVs. This week, Ford Motor Company issued some of the strangest recall lists to date: hearses, ambulances, police interceptors, and limos. Although Ford claims that there are no…
  • Massachusetts County Correction Officer’s Claim for Assault Pay Was Subject to Three-Year Statute of Limitations – Flaherty v. Sheriff of Suffolk County

    John C. Manoog III
    19 Mar 2015 | 12:24 pm
    Workplace injury cases can be complex. Depending upon the facts of the case, a person injured on the job may be entitled to benefits beyond those awarded by the Department of Industrial Accidents. Although there are limitations on the usual workers’ compensation benefits overseen by the Department, lawsuits against third parties who caused or contributed to an employee’s injuries are not subject to the same rules. For example, if a worker drives as part of his or her job and is injured in a car accident while in the course and scope of employment, the worker may be able…
  • Massachusetts Senator’s Report on “Tracking and Hacking” Leads to Federal Lawsuit Against Automakers

    John C. Manoog III
    13 Mar 2015 | 4:11 pm
    Last month, Massachusetts Senator Ed Markey’s office released a report entitled “Tracking & Hacking:  Security & Privacy Gaps Put American Drivers at Risk.” The report details the vulnerabilities that are becoming more and more commonplace as technology such as wireless data collection, navigation systems, safety monitoring tools, and remote access make their way into automobiles. To address concerns that these new technologies may endanger drivers or encroach upon their privacy rights, the senator sent letters to several automobile manufacturers. At least 19…
  • Massachusetts Personal Injury Protection (PIP) Benefits Can Require Examination by Physical Therapists, Not Just Medical Doctors – Ortiz v. Examworks, Inc.

    John C. Manoog III
    5 Mar 2015 | 12:06 pm
    Many motorists count on the personal injury protection (PIP) provisions of their no-fault automobile insurance policies to pay their medical bills in the event of an accident. However, it is important to note that payment of medical expenses under PIP comes with strings attached. If you have been involved in an accident, you need to know about a recent case interpreting the statute under which PIP protection is offered. Mass. Gen. Laws ch. 90 § 34M states that a person who seeks benefits under PIP “shall submit to physical examinations by physicians selected by the insurer as…
  • Federal Appellate Court Dismisses Lexapro Product Liability Suit Pending in Massachusetts Federal District Court – Marcus v. Forest Pharmaceuticals, Inc.

    John C. Manoog III
    24 Feb 2015 | 3:38 pm
    Product liability cases can run the gamut from household items to automobiles to medical devices and drugs. One particular drug, an antidepressant manufactured by Forest Pharmaceuticals and commonly known as “Lexapro,” recently came under fire in the case of Marcus v. Forest Pharmaceuticals, Inc. Lexapro, which belongs to a class of antidepressants known as “selective serotonin reuptake inhibitors,” was first approved to treat adults for depression in 2002. It was later approved for use in adolescents. The case was originally filed in a federal court in California in…
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    Kalamazoo Estate Planning Law Blog

  • When a worker breaches a confidentiality agreement

    On behalf of Shaun Patrick Willis J.D.
    27 Mar 2015 | 1:22 pm
    Information can be a very powerful thing in the business world. The information a company has regarding its strategies, its technologies, its clients and other important topics can be a major part of its competitive advantage. Thus, when a business' proprietary information falls into the hands of a competitor, it could be very harmful to the business. This is among the reasons why businesses often put considerable effort into protecting their proprietary information. One thing some businesses do as part of such efforts is have their employees sign confidentiality agreements. A business'…
  • What sorts of things can trusts be used for?

    On behalf of Shaun Patrick Willis J.D.
    23 Mar 2015 | 8:44 am
    Trusts can be very useful estate planning devices. One reason for this is that there are a wide variety of different purposes that trusts can be structured to serve in an estate plan. Thus, there are many different types of estate planning issues a trust may be able to help address. Some examples of things that trusts can be used for in an estate plan include: Controlling what will happen with certain assets during one's life. Controlling what will happen with certain assets after one's death. Helping assets avoid probate. Asset protection. Certain types of tax planning, such as estate tax…
  • Should alcohol detection devices be in all cars?

    On behalf of Shaun Patrick Willis J.D.
    20 Mar 2015 | 10:01 am
    Finding ways to lower the overall prevalence of drunk driving in Michigan and the U.S. is important, given how many deaths and injuries drunk driving can cause. Could technology be a big help with combating this dangerous driving behavior? One of the technologies aimed at preventing drunk driving are alcohol detection devices for cars, such as ignition interlock devices. Such devices measure a driver's blood alcohol level and will prevent a driver from being able to start their car if this level is above a certain mark. Currently, one of the main ways these devices show up in a vehicle is…
  • The problem with estate planning procrastination

    On behalf of Shaun Patrick Willis J.D.
    16 Mar 2015 | 9:00 am
    There are quite a few people here in Michigan who have not set up an estate plan. There are many different reasons people sometimes give for not having an estate plan. One is that life has been very busy for them and that they just have not been able to get around yet to making such a plan. It is understandable that life can get very busy for a person and that, consequently, they may have to put some things that they were thinking about doing off until a later date. However, there are some things that are worth making time for, even if one is very busy. Estate planning falls into this…
  • Challenges can arise when selling commercial real estate

    On behalf of Shaun Patrick Willis J.D.
    13 Mar 2015 | 9:26 am
    There are certain difficulties that can come up when it comes to selling commercial properties. One is that it can sometimes be difficult to get the price one was hoping for. Depending on market conditions, a seller might end up having to take much less than their asking price. Thus, prospective sellers will likely find it encouraging that recent statistics indicate that, in recent times, the final selling prices of U.S. commercial properties have generally been moving closer to asking prices. The statistics are from a report from CoStar. In January 2014, commercial real estate in the U.S.,…
 
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    Corinth Personal Injury Law Blog

  • New traffic aids at site of deadly crash

    On behalf of Wood & Carlton, P.C.
    25 Mar 2015 | 10:19 am
    The loss of a child is devastating to the families of the deceased. Imagine the devastation suffered by a Mississippi family that lost two children in a devastating car accident. New safety precautions have been installed at the sight of that fatal car accident. The two siblings were attempting to cross 67 on Big John Road. Both children were students a D'lberville High School. The State Department of Transportation has brightly painted lines of poles to direct traffic. This directional crossover prevents cars from turning left or going straight. Vehicles are only permitted to turn right onto…
  • The role of HIPAA in Workers' Compensation

    On behalf of Wood & Carlton, P.C.
    19 Mar 2015 | 6:50 am
    The Health Insurance Portability & Accountability Act (HIPAA) is a federal law that has a stated purpose to protect the privacy of health records for individual citizens. Information from an individual's health record should not be disclosed without his or her expressed permission. This information is classified as protected health information or PHI. The nature of workers' compensation cases is to utilize information to determine the scope of an individual's injuries. There are special rules for HIPAA when applied to workers' compensation cases. During a workers' compensation investigation,…
  • How to file an OSHA complaint in Mississippi

    On behalf of Wood & Carlton, P.C.
    12 Mar 2015 | 6:27 am
    This law firm represents Mississippi injured workers. On the job injuries tend to be unexpected, but can be both personally and financially devastating to the injured. The attorneys at this firm navigate injured workers through the difficult legal process to ensure that he or she receives proper compensation for their injuries. For employers who have violated Occupational Health and Safety Administration (OSHA) regulations, it may be necessary to file a formal complaint with the federal government. The Occupational Safety and Health Act of 1970 gives workers the ability to file a complaint. A…
  • Fatal car accident on Highway 18

    On behalf of Wood & Carlton, P.C.
    6 Mar 2015 | 6:51 am
    Mississippi winters can bring brutal weather. Snow and ice can make the roads a dangerous place to travel. Drivers must take additional care to ensure that they arrive at their destination safely. When proper attention is not placed on the road, both passengers and drivers may be at risk for injury or even death. One Mississippi resident has lost his life in a deadly car accident. The car accident occurred just after 7:00 a.m. The driver of a Kia was traveling eastbound on Highway 18. While crossing the bridge, the driver lost control of his car. The Kia ran over a patch of ice where he then…
  • Who is eligible for Social Security Disability?

    On behalf of Wood & Carlton, P.C.
    27 Feb 2015 | 7:46 am
    Has a recent injury or medical diagnosis made it impossible for you to continue working? Wondering how you will be able to pay your bills? Social Security may be able to help with some of your financial needs. The Social Security disability benefit allows the injured and certain members of their family to receive benefits. Social Security Disability, is available if an individual has worked long enough to pay into the system. In addition the injury or medical condition must be serious enough to prevent an individual from working for at least 12 months or until their death. It is important to…
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    Brett Murphy

  • How Washington State victims of drunk driving crashes can get financial support

    Ingrid
    19 Mar 2015 | 2:20 pm
    Victims of drunk drivers qualify for Crime Victim Compensation financial assistance through the State of Washington if they suffered an injury or severe emotional distress resulting from a “vehicular crime.” The Crime Victims Fund is run by the Department of Labor and Industries, and claims are generally handled in the same way as workplace injury claims. Virtually any accident involving a drunk driver qualifies as a vehicular crime. Who can file for benefits? To apply for benefits, a crime victim must meet these eligibility requirements: The crime must be classified as a gross…
  • Everything you need to know to be a great trial lawyer – in 1.5 minutes

    Ingrid
    26 Jan 2015 | 9:35 am
    01/26/2015 - 09:35You can learn everything you need to know to be a great trial lawyer in 1.5 minutes. Just watch my favorite ad from the most recent Christmas season. It has no list of product features, and no sales pitch at all – it just tells a story. Great trial lawyers don’t make arguments, they tell stories. A young black woman is sitting on the floor in a comfortable living room, flipping through a stack of old records, when she comes across a plain brown album cover labeled “Voice-O-Graph”, inscribed “To Raymond with love”, and accompanied by a photo of her then-young…
  • LAW Advocates is recognizing Street Law program volunteers with President's Pro Bono Service Award

    Ingrid
    13 Nov 2014 | 11:39 am
    11/13/2014 - 11:39LAW Advocates, the wonderful non-profit organization that provides free legal assistance to low-income people in Whatcom County, is recognizing the volunteers of its Street Law program at the Whatcom County Bar Association meeting and luncheon on December 3. In support of this recognition, Mayor Kelli Linville has officially declared December 3 to be Street Law Day!  At the meeting, one of the Street Law volunteers will be chosen to receive the first-ever Volunteer of the Year Appreciation Award, which will include a one week's stay at a 4-star+ oceanfront resort in Puerto…
  • See Paula McCandlis' interview as a finalist for the Whatcom Women in Business Professional Woman of the Year!

    Ingrid
    11 Nov 2014 | 3:08 pm
    11/11/2014 - 15:08Brett Murphy attorney Paula McCandlis was recently chosen as a finalist for the Whatcom Women in Business Professional Woman of the Year. Paula had a lot of fun during the preparations for the event, which was also an auction to raise funds for educational scholarships. Paula also got to meet an extraordinary group of professional women who are contributing to the strength and growth of the Whatcom County community. See Paula's video interview that she filmed as one of the finalists for this honor. While the chosen recipient of the Professional Woman of the Year was Carolyn…
  • The 10 things about family law a lawyer must know to survive Street Law, by Paula McCandlis

    Ingrid
    22 Oct 2014 | 4:12 pm
    10/22/2014 - 16:12A lawyer needs to understand the first law of thermonuclear dynamics – energy can neither be created nor destroyed; it is merely transferred or converted from one object to another. That’s what emotions are like. My presentation won’t be technical; it’s about surviving Street Law with family law questions. And the first thing you have to do is recognize the emotions and stay calm. You must exude serenity. Don’t make any sudden movements; keep a state of calmness around you. You do not want to absorb the emotions radiating off this person. There’s a reason we…
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    » Blog

  • Hey! That’s my bike!

    Paul Pardons
    18 Mar 2015 | 10:20 am
    To prevent theft, be sure to keep your bike locked at all times! Bicycles: One of the most stolen items in Vancouver. For Vancouverites, bicycles have become a key mode of transportation. Riding a bike provides not only a easy way to get around, but it’s also a good cardiovascular workout! With events like the Ride to Conquer Cancer closely approaching, biking is continuing to emerge at the forefront of events and social media. Unfortunately, this is not the only trend becoming apparent in Metro Vancouver. There’s another emerging lucrative field, according to the Vancouver Sun, “it may…
  • Canada’s famous wild game: Hunting!

    Paul Pardons
    10 Mar 2015 | 1:13 pm
    From British Columbia to Ontario, hunting in Canada has never been better! It may be a relatively young nation, but Canada is just about the largest country in the whole of the Western Hemisphere. From British Columbia’s pristine wilderness to the North West Territories arctic tundra, the provinces and territories of Canada offer an amazingly beautiful landscape of waterfalls and glaciers, endless evergreen forests, cloud-kissed mountains and rivers that seem to wind along forever. Canada presents the world-class opportunities to hunt black bears, moose, deer and other big game animals. No…
  • LOVE FISHING? START WITH GETTING YOUR TRP, FINISH WITH YOUR BIGGEST CATCH!

    Paul Pardons
    3 Mar 2015 | 12:25 pm
    Fishing in Canada A Temporary Resident Permit (TRP) enables individuals with a past criminal record to travel to Canada. A TRP can be applied for within the first five years since the completion of the sentence, and is granted according to the guidelines issued by Citizenship and Immigration Canada. And what better justification than a fishing trip to Canada? Did you know Ontario is a renowned freshwater fishing paradise with over 15% of all the freshwater on the planet held in over a quarter million lakes and rivers? The province alone offers arguably the greatest variety of freshwater…
  • 2015 新年

    Paul Pardons
    20 Feb 2015 | 9:53 am
    2015年可以為您帶來一個全新的開始。也許是時候成為無犯罪記錄者,去尋找你夢想的工作。新的一年意味著新的機會。不要讓犯罪記錄阻擋你去達到自己的新目標。…
  • Coming to Canada eh? 

    Paul Pardons
    19 Feb 2015 | 12:43 pm
    Here are some things about Canadian culture you may find interesting: Maple syrup, beer, poutine and bacon remain a part of the traditional Canadian diet. Haven’t heard of poutine? It is a dish originating from Quebec which is includes french fries, topped with a light brown gravy-like sauce and cheese curds. The Maple Leaf can be found on many things including the Canadian flag, hockey jerseys and our currency. It is one of the most commonly known symbols of Canada. Gone are the days of using $1 and $2 bills as they have become keepsakes of the past. Loonies have replaced one dollar…
 
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    Truck and Bus Accident Lawyers Blog

  • FMCSA Releases Crash Accountability Study

    Bryan M. Roberts
    12 Mar 2015 | 6:46 am
    Recently, the Federal Motor Carrier Safety Administration (“FMCSA”) released a crash accountability study that focused on whether incorporating Police Accident Reports (“PARs”) in its crash fault weighting system would improve the Agency’s ability to target carriers most at-risk for crashes. The report focused on crash accountability in the FMCSA’s Compliance, Safety, Accountability (“CSA”) Program.  CSA safety is analyzed through the Safety Measurement System (“SMS”), which quantifies the safety performance of motor carriers through State-reported crash and inspection…
  • Technology Can Improve Trucking Safety

    Mark W. Davis
    3 Mar 2015 | 5:52 am
    Trucking companies now have access to technologies which can dramatically improve the safety of their operation, safe on fuel costs, and provide accurate feedback concerning the conduct of their drivers.  For example, products like “Smartdrive” utilize a multi-camera computer interface to simultaneously capture video footage of the driver’s actions within the cab of the truck and a driver’s-eye view of the path of travel, and combine it with other computer feeds from the truck itself to produce a real-time record of what is happening with any given truck.  Though such systems, a…
  • As Many As 500 New York Applicants Passed CDL Examination As a Result of Cheating Scheme

    Bryan M. Roberts
    18 Feb 2015 | 6:02 am
    Recently, three individuals pled guilty to charges arising out of a scheme to help applicants cheat on the written portion of their commercial driver’s license (“CDL”) examination.  An investigation by the U.S. Transportation Department’s Office of Inspector General, in conjunction with other federal and state law enforcement agencies, revealed fraudulent CDL test-taking activities at five New York State Department of Motor Vehicles test centers in the New York City area. According to reports, the scheme involved the use of pencils encoded with test answers, the use of Bluetooth…
  • FMCSA Eliminates No-Defect DVIR Rule

    Bryan M. Roberts
    13 Feb 2015 | 8:29 am
    Under the Federal Motor Carrier Safety Administration Regulations, commercial truckers are required to conduct pre- and post-trip inspections of their vehicles in order to identify and document safety defects and maintenance concerns.  Previously, truckers were required to complete Driver Vehicle Inspection Reports (“DVIRs”) documenting the results of their inspections.  Trucking companies were required to retain the DVIRs. As of December 18, 2014, truckers are no longer required to complete DVIRs, if they do not find any problems with their vehicle.  Although eliminating no-defect…
  • Passage of 2015 Spending Bill Results in Suspension of Key Hours of Service Rules

    Bryan M. Roberts
    4 Feb 2015 | 2:01 pm
    On December 16, 2014, President Obama signed Congress’ $1.1 trillion spending bill for the 2015 fiscal year.  The spending bill included the “Collins Amendment,” which was introduced by Maine Senator Susan Collins, and seeks to repeal two key provisions of the Federal Motor Carrier Safety Administration’s (“FMCSA”) 2013 hours of service rules. Under the 2013 hours of service rule changes, truck drivers must take a 34-hour “restart” period once every seven days.  The 34-hour rest period must include two consecutive overnights between 1:00 a.m. and 5:00 a.m. The “Collins…
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    Creative Arts Advocate

  • Cynthia Trinh – Photojournalism

    Sophia O'Brien Udry
    26 Mar 2015 | 4:24 am
    Most of us find it hard to merge two of our passions and have it result in something not only interesting to ourselves, but also important for the world at large.  Some of us struggle with turning something many unfairly judge as being simply a “hobby” into something substantial.  Cynthia Trinh has slid past both […] The post Cynthia Trinh – Photojournalism appeared first on Creative Arts Advocate.
  • Jonathan Brand – 3D Printed Objects

    Sophia O'Brien Udry
    24 Mar 2015 | 7:11 am
    Connecticut artist, Jonathan Brand, is fascinated with taking things apart and putting them back together in a form previously unimagined.  Focusing his work on the transportation, migration, and adaptation themes, he uses paper and other crafty materials to construct full sculptural installations of boats and cars, including the classic Mustang.  His meticulous processes often compels the viewer to ruminate […] The post Jonathan Brand – 3D Printed Objects appeared first on Creative Arts Advocate.
  • Russell Powell – Hand Paintings

    Sophia O'Brien Udry
    12 Mar 2015 | 6:30 am
    Your average painting consists of two main ingredients: paint and a canvas.  Typically, this canvas is something deta