• Most Topular Stories

  • Finally, some files released in John Geer case

    Walter Olson
    26 Feb 2015 | 2:01 am
    Fairfax County, Va. prosecutor blasts police and county stonewalling on the shooting of a homeowner. Curious that the story, in the national media’s own backyard, still hasn’t gone national [Tom Jackman, Washington Post, earlier] Tags: police, Virginia, Washington D.C. Finally, some files released in John Geer case is a post from Overlawyered - Chronicling the high cost of our legal system
  • Rapist Or Innocent? Pick One, UC

    Simple Justice
    26 Feb 2015 | 5:36 am
    Samantha Harris at FIRE is making administrators at the University of Colorado, Boulder, very sad. Last week, the University of Colorado Boulder (CU) settled a lawsuit brought by a male student who was accused of sexual misconduct. What we know about the settlement should concern everyone who cares about how colleges handle claims of sexual misconduct, because it illustrates who universities are really looking out for: themselves. Strong stuff.  After all, isn’t compromise a virtue in itself? On November 7, 2014, the plaintiff, who went only by the pseudonym “John Doe,” filed a…
  • Forget PowerPoint, and take your audience on a journey

    PLI SmartBrief
    26 Feb 2015 | 6:43 am
    Great public speakers know how to look beyond PowerPoint slides and instead deliver emotional appeals to their audiences, say -More- 
  • Job Announcement: Fellow - Berkeley Center for Law, Business and the Economy (BCLBE)

    David Zaring
    25 Feb 2015 | 2:40 am
    The business law group there is extremely strong, and the way to apply can be found here.  The announcement: Fellow - Berkeley Center for Law, Business and the Economy (BCLBE) Boalt School of Law - JD Program RECRUITMENT PERIOD Open Feb 23, 2015 through Apr 30, 2015 DESCRIPTION Salary Range: Commensurate with experience Start Date: August 2015 or earlier by agreement This is a 100% time, one-year term contract position, with the possibility of renewal for a second year. Overview: The Berkeley Center for Law, Business and the Economy is seeking to hire a Research Fellow. The Berkeley…
  • “Purple” Haze – NLRB Still Unclear on Whether It Will Stop Employers From Limiting Use of Company Email to Business Purposes

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

  • What is an Unfair Business Practice? Commissioner Wants FTC to Vote

    Brent Kendall
    26 Feb 2015 | 2:37 pm
    A conservative member of the Federal Trade Commission is pushing the agency to clarify how it will use its powers to police unfair business practices. Commissioner Joshua Wright in a speech Thursday called for an FTC vote that would define the scope of the agency’s authority under a century-old law that gives the commission the power to bring cases against companies that engage in unfair methods of competition.
  • Saudi Arabian Convicted in 1998 Embassy Bombings Trial

    Nicole Hong
    26 Feb 2015 | 12:22 pm
    A federal jury has found Khaled al-Fawwaz guilty of participating in a conspiracy by al Qaeda that led to the 1998 U.S. embassy bombings in East Africa—another win in the U.S. government’s efforts to prosecute suspected terrorists in civilian courts.
  • 5 Big Threats Seen by U.S. Intelligence Officials

    Damian Paletta
    26 Feb 2015 | 10:15 am
    U.S. intelligence officials released their annual “Worldwide Threat Assessment” report. The officials didn't rank threats in order of severity, but here are some of those presented Thursday.
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  • NLRB Issues Corporate Email Decision That Will Have Employers Turning “Purple”

    Elijah Yip
    12 Feb 2015 | 4:12 pm
    In 2007, the National Labor Relations Board (NLRB) issued its Register Guard decision allowing employers to prohibit employees from using company email to engage in discussions about the terms and conditions of their work with other employees or unions for purposes of “mutual aid and protection,” which are protected under Section 7 of the National Labor Relations Act. In April 2014, the NLRB issued a notice and invitation to the parties in a case involving Purple Communications, Inc. and interested amici curiae to file briefs on whether Register Guard should be overruled. The NLRB…
  • FTC Releases Staff Report and Recommendations on “Internet of Things”

    Elijah Yip
    27 Jan 2015 | 6:54 pm
    The FTC released two guides on the privacy and security issues related to the Internet of Things.  The first is a staff report based on discussions in an FTC-hosted workshop on the subject held on November 19, 2013.  In addition to summarizing the workshop discussions, the report contains staff’s recommendations in the IoT space.  This prompted a FTC Commissioner (Joshua Wright) to dissent from the decision to issue the report.  In Commissioner Wright’s view, it is premature to publish staff recommendations in this area without further research, data, and analysis.  The…
  • Lessons From the Sony Pictures Cyberattack: Preparing Against a Hack Coming to a Computer Near You

    Elijah Yip
    23 Dec 2014 | 7:51 pm
    Target. Home Depot. Neiman Marcus. This isn’t a list of places to shop. These companies were hit with some of the biggest data breach incidents of 2014. And, as the recent hack on Sony Pictures Entertainment demonstrates, it’s not just the customer information that gets compromised in cyberattacks—employees can also be the victims. In November, hackers broke into Sony’s computer systems and stole personal information of over 47,000 current and former employees, celebrities, and freelancers. The information included personal emails, budgets, salary information, human resource records,…
  • “Purple” Haze – NLRB Still Unclear on Whether It Will Stop Employers From Limiting Use of Company Email to Business Purposes

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

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

    Walter Olson
    26 Feb 2015 | 3:22 am
    A judge tosses the suit against pancake makers by heirs of one of the women hired to portray Aunt Jemima to promote the brand [The Wrap, earlier] Tags: right of publicity, statutes of limitations Update: suit claiming pancake credit falls flat is a post from Overlawyered - Chronicling the high cost of our legal system
  • Finally, some files released in John Geer case

    Walter Olson
    26 Feb 2015 | 2:01 am
    Fairfax County, Va. prosecutor blasts police and county stonewalling on the shooting of a homeowner. Curious that the story, in the national media’s own backyard, still hasn’t gone national [Tom Jackman, Washington Post, earlier] Tags: police, Virginia, Washington D.C. Finally, some files released in John Geer case is a post from Overlawyered - Chronicling the high cost of our legal system
  • SCOTUS: fish not “documents” or “records” under Dodd-Frank

    Walter Olson
    25 Feb 2015 | 12:54 pm
    Ilya Shapiro comments [link fixed now] on the Supreme Court’s ruling this morning in Yates v. United States that the Sarbanes-Oxley accounting law’s prohibition on evasive destruction of “tangible objects” cannot be used to prosecute a fisherman who discarded undersized grouper in hopes of avoiding enforcement. “How does one make a false entry on a fish?” asked Justice Samuel Alito in a concurrence, while dissenting Justice Elena Kagan, citing Dr. Seuss’s “One Fish Two Fish,” disagreed with the prevailing justices’ view that the…
  • Blog slowdown

    Walter Olson
    25 Feb 2015 | 4:26 am
    I’m taking time away from Overlawyered to attend to some personal matters. Expect a slower pace of posting through maybe the middle of March, depending on circumstances. Comments still enabled, but moderation and approval might be slower or less predictable than usual. Tags: about the site Blog slowdown is a post from Overlawyered - Chronicling the high cost of our legal system
  • School bake sales defended in Virginia

    Walter Olson
    25 Feb 2015 | 2:46 am
    S’more local autonomy that way: despite federal pressure in the other direction Virginia lawmakers are moving to enable more school bake sales [Laura Vozzella, Washington Post] Columnist Petula Dvorak finds the debate “ridiculous”: “The classic school bake sale to raise cash for sports equipment, class trips or charitable causes is actually an essential part of a curriculum,” teaching lessons of “entrepreneurship, independence, self-reliance, creation of a product.” Earlier on school bake sales here, here, here, here, here, here, etc. Tags: obesity,…
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    Solo Practice University®

  • Lawyer Know Thyself…

    Haley Austin
    26 Feb 2015 | 5:30 am
    The decision to go out on your own is a personal and important one. Too often, lawyers and recent law grads forget that it should be a strategic one, for the decision to practice for oneself will help define your legal career. Read more....Written by Haley Austin
  • What’s With This Misplaced “Esquire” Mania?

    George Gold
    24 Feb 2015 | 4:30 am
    Lawyers in the U.S. have fallen in love with “Esquire” It is found appended everywhere--on stationery mastheads and signatures, on business cards, professional listings, etc. You name it--it’s there! All well and good! Right? Not so fast! Read more....Written by George Gold
  • Will You Grow Your Solo Practice With Contingent Staffing?

    Susan Cartier Liebel
    23 Feb 2015 | 4:00 am
    You’ve gone out on your own, built a healthy client base, and your practice is thriving. The work is steady, your revenue is increasing, but all of a sudden you’re panicked about something you didn’t think you would worry about: How to handle all of the work. You never want to turn work away because maybe the work will all of a sudden stop coming, right? What to do…. Read More.Written by Susan Cartier Liebel
  • Why You Should Attend ATL’s Converge Conference in NYC 3/18

    Susan Cartier Liebel
    20 Feb 2015 | 4:30 am
    Will discovery be handled by an algorithm in the Philippines? Divorce lawyers replaced by a drop down menu on LegalZoom? Will there be an army of associates in Wheeling, West Virginia, that can be deployed with a click from one partner in a bunker in Midtown? Will the law jobs of the future be going to the kid who griefed your cabin in Minecraft last night? Read more.....Written by Susan Cartier Liebel
  • Efficiency Is Key to Staying Competitive

    Debra Bruce
    19 Feb 2015 | 5:30 am
    Many lawyers remain techno-dinosaurs because they don’t want to invest the time to learn how to use new and more efficient technology. They shortsightedly view an investment in training through the lens of billable hours. They focus on a temporary loss of revenues instead of the future improvements in productivity. Meanwhile they drop farther and farther behind, which only increases their anxiety with regard to technology. Read more...Written by Debra Bruce
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    Above the Law

  • Above the Law v. CNN: The Reader Contest

    Elie Mystal
    26 Feb 2015 | 2:32 pm
    Who wants to write the ATL cease-and-desist letter to CNN?
  • Non-Sequiturs: 02.26.15

    Joe Patrice
    26 Feb 2015 | 1:55 pm
    * The FCC declares net neutrality. Now an explanation of what that really means. [Gizmodo] * Today in "delightful things police departments do," we have the tale of a woman held in a black site by Chicago police for 18 hours before being allowed to contact a lawyer. That's the Chicago way. [The Guardian] * Former Georgia Attorney General Mike Bowers -- of Bowers v. Hardwick fame -- now supports LGBT rights. That's got to be the last one, right? Is there anyone still out there against this? [Buzzfeed] * We should have more lawyer unions. To the barricades, colleagues! [Adjunct Law Prof Blog] *…
  • Ask The Professor: Why Do We Need the Bar Exam Anyway?

    Joseph Marino
    26 Feb 2015 | 12:59 pm
    Why have a bar exam if it is going to be more of what law school is supposed to test and does not test something important to the state giving the test?
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    Simple Justice

  • Rapist Or Innocent? Pick One, UC

    26 Feb 2015 | 5:36 am
    Samantha Harris at FIRE is making administrators at the University of Colorado, Boulder, very sad. Last week, the University of Colorado Boulder (CU) settled a lawsuit brought by a male student who was accused of sexual misconduct. What we know about the settlement should concern everyone who cares about how colleges handle claims of sexual misconduct, because it illustrates who universities are really looking out for: themselves. Strong stuff.  After all, isn’t compromise a virtue in itself? On November 7, 2014, the plaintiff, who went only by the pseudonym “John Doe,” filed a…
  • Penn 3L: Due Process Is For Misogynists

    26 Feb 2015 | 4:40 am
    The sun rises in the east and sets in the west. Sixteen University of Pennsylvania law professors issue an open letter challenging the school’s new sexual assault policies for the lack of fundamental fairness.  3…2…1… The Daily Pennsylvanian publishes an op-ed by a Penn law 3L, Emily Turner, calling out their “sexist policy preferences.” By conflating the extensive procedural protections rightly afforded to criminal defendants with “fundamental fairness” in the context of a school disciplinary proceeding, your letter perpetuates the harmful myth that…
  • The Black Hole of Chicago

    25 Feb 2015 | 5:12 am
    The Guardian posted an extraordinary article revealing that the Chicago police maintained a “black site,” an off-the-books holding facility, where they took people who disappeared upon entering. The Chicago police department operates an off-the-books interrogation compound, rendering Americans unable to be found by family or attorneys while locked inside what lawyers say is the domestic equivalent of a CIA black site. The facility, a nondescript warehouse on Chicago’s west side known as Homan Square, has long been the scene of secretive work by special police units. Interviews…
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    Law and Magic Blog

  • Astrology To the Rescue of the National Health Service?

    24 Feb 2015 | 7:56 pm
    From the Guardian: UK Conservative MP David Tredinnick says astrology could help National Health Service physicians out by assisting in diagnosis but says he knows that there would be enormous pushback from using it. He accuses those who refuse to see the value in astrology of being "racially prejudiced." I'm not sure exactly how being skeptical of astrological claims makes one "racially prejudiced." Is there a correlation between acceptance of astrological claims and membership in certain ethnic groups that I have somehow overlooked? I would be really interested in…
  • Another Overview of IP Protection For Magic Tricks

    22 Feb 2015 | 6:08 am
    From the 1709 Blog, a post dated 2013, discussing IP protection for magicians' tricks and illusions. Some new material here. The author also runs through Teller's lawsuit against Bakardy, the Robert Rice case, and the Think-a-Drink case. A nice overview, although it's not limited just to the possibility (or not) of copyright protection for magicians' work, even though the blog itself is a copyright blog, and the post is labeled "Copyright In Tricks: Could It Be Magic?"  The name of the blog, by the way, comes from the year that the Statute of Anne created the…
  • Lawyer/Magicians and Mentalists

    21 Feb 2015 | 7:02 pm
    It's been a while since we've added to our list of lawyer/magicians and mentalists. Here's another name for the honor roll. Joseph A. Curcillo of Harrisburg, PA is a Temple Law School grad and managing partner of Curcillio Law Partners. In addition he is The Mind Shark, a professional mentalist, and won the Milbourne Christopher Award for Mentalism in 2014.
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    What About Paris?

  • Did the GOP-controlled House Appropriations Committee just go hippie on us?

    JD Hull
    25 Feb 2015 | 6:38 am
    From the website of the House Appropriations Committee today: Hearings Budget Hearing - Quality of Life in the Military Wednesday, February 25, 2015 9:30 AM in 2362-B Rayburn Military Construction, Veterans Affairs and Related Agencies Witnesses Command Sergeant Major Daniel A. Dailey United States Army Master Chief Petty Officer Michael D. Stevens United States Navy Sergeant Major Ronald Green United States Marine Corps Chief Master Sergeant James A. Cody United States Air Force Note that this morning at 9:30 the newly GOP-run House Appropriations Committee will hear budget testimony on…
  • "50 Shades of Grey" is an overwhelmingly limp cinematic experience bordering on fraud. Do not see it.

    JD Hull
    22 Feb 2015 | 8:32 am
    In case you're Bevis or Butthead and might actually like this movie I won't spoil it for you by backing up this post with any concrete examples--but I made the mistake of seeing "50 of Shades Grey" on Friday night late with a D.C. yuppie 30-and 40-something audience that found it just as empty as I did in every respect. After the first 45 minutes, viewers laughed derisively, left early or talked with their friends in the hallways and restrooms. This movie has less sensuality and sexual tension than either Pee-wee Herman movie made 20 years ago. Not an exaggeration. I knew nothing about…
  • "No enemies" usually means he or she was never even in the game.

    JD Hull
    20 Feb 2015 | 4:41 pm
    Here's the best advice on hiring, staffing and re-staffing I could ever give anyone. Please don't stand behind, endorse or recommend a candidate for employment, partnership or board membership--especially candidates over say, the age of 35--on grounds that he or she "has no enemies" or something to that effect. This is not a compliment. Hearing that someone is "a team player" isn't troublesome because it runs the spectrum of Weenie to Ted Turner. But saying someone has "no enemies"? It means that he or she hasn't even been in the game. You're welcome.
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    Legal Juice

  • Commission Rules On Complaint Against F-Bombing Judge

    John Mesirow
    25 Feb 2015 | 9:06 pm
    If you had to guess the state, you would have guessed “Florida.” You would have been right. As reported by The Miami Herald: Miami-Dade County Judge Jacqueline Schwartz broke judicial conduct rules when she told the owner of a Coconut Grove convenience store last year to “Go f— yourself” in a dispute over a political campaign sign, the Florida Judicial Qualifications Commission has found. The punishment? A public reprimand, and she has to write a letter of apology to the convenience store owner. You can read A LOT MORE, and see a photo of the judge, here.    …
  • A Very Nonchalant Bank Robber

    John Mesirow
    24 Feb 2015 | 9:04 pm
    There is something to be said for keeping your composure. There’s also something to be said for getting as far away from the scene of the crime you just committed as fast as you can.  Per NJ Advance Media for Michael J. Cassano, 38, of Oakland Gardens, N.Y., allegedly robbed Hudson City Savings Bank on Essex Street just before 3 p.m. He placed a BB gun on the counter, and the teller gave him $4,000 in cash, Lodi police Detective Capt. Donald Scorzetti said in an e-mail. Woo-hoo! Quick, scram! Or at least don’t linger. Or … He ran off, but didn’t go far,…
  • The Ultimate Inside Job

    John Mesirow
    23 Feb 2015 | 9:07 pm
    Surely there have been plenty of bank robberies that have benefited from the help of an insider.  But have you ever heard of a bank robbery where all of the participants were insiders? Well, you have now. As reported by Staff at a branch of Afghanistan’s central bank in southern Kandahar province may have got away with as much as 81 million Afghanis ($1.4 million) when they robbed their own bank and ran, an official said on Saturday. That is a truckload of Afghanis! The Kandahar raid is believed to have been carried out by a senior official at the bank, an employee of…
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    Ernie the Attorney

  • 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…
  • How do you fix a disaster?

    Ernie Svenson
    8 Feb 2015 | 10:34 am
    If it ain’t broke don’t fix it. Such a pat little phrase. So perfect. So memorable. And so easy to implement. Because after all, what’s the message? Don’t do anything. Relax. Keep sipping your frappuccino. But what do you do about an epic disaster? The thing that blows up right in your face. No warning. Just all of a sudden. A big fucking DISASTER. Like, maybe your boss walks in one day and says you’re being laid off. Today is your last day. Pack your shit and get out. Or maybe it’s when you get home from work. You walk in completely drained and plop down on the sofa.
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    Ask the Lawyer @ Dear Esq.

  • How Can I Divorce My Estranged Husband?

    House Attorney
    24 Feb 2015 | 8:47 pm
    I have been separated from my husband since 2006. I have no idea where to find him. I don't even know any of his relatives names!
  • Can I Lease My Property For A Fee to the Town?

    House Attorney
    23 Feb 2015 | 8:27 pm
    My town wants to use an easement on my property for traffic due to repairs of a bridge that they will close for about 1 year. Can this be leased with a fee to the town?
  • How Do I Obtain Custody of My Son?

    House Attorney
    21 Feb 2015 | 11:12 am
    Two years ago my pregnant drug abusing ex-girlfriend left Pennsylvania to go home to Kentucky to go to rehab. When my son (who I wasn't sure was mine) was born, he had drugs in his system. I have done a paternity test and the child is mine, but it was not a test that is recognized by the court. Recently the Mother has been charged with neglect for drug use.
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  • Judge Hanen's--and Michael McConnell's--mistakes about "affirmative action" in DAPA

    Marty Lederman
    25 Feb 2015 | 11:46 am
    One week ago, Judge Andrew Hanen, of the U.S. District Court for the Southern District of Texas (Brownsville), issued an opinion and order in which he preliminarily enjoined nationwide operation of the Department of Homeland Security’s new “Deferred Action for Parents of Americans" (DAPA) program--the regulatory initiative that was the subject of a wide-ranging Balkinization symposium last November.  On Monday, the federal government made a motion to Judge Hanen to stay the preliminary injunction pending the U.S.'s appeal.  In the alternative, the government asks…
  • Still Standing in King v. Burwell

    Gerard N. Magliocca
    23 Feb 2015 | 12:46 pm
    The Justices returned to work today without issuing an order for supplemental briefing on the questions raised in the media about the standing of the plaintiffs.  Why?  I can think of two reasons.1.  Standing in the Supreme Court is purely a prudential doctrine.  In this case, the Court wants to hear the merits and just doesn't want to know about any jurisdictional problems, especially when the parties are not raising the standing issue. 2.  If the oral argument does not well from the perspective of either side, then the court could order the briefing afterwards.
  • Why I'm in Favor of a Right-to-Vote Amendment but Against Amending the Constitution

    Heather K. Gerken
    23 Feb 2015 | 8:44 am
    The DNC Executive Committee has just endorsed the idea that we should amend the Constitution to add a right to vote.  Today I postedon the question over on Rick Hasen’s Election Law Blog.  As I explain there, I’m entirely in favor of a constitutional right to vote but against amending the Constitution to add it.  I also have a new paper offering a more fully develop argument as to why the amendment game is not worth the candle. 
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    Concurring Opinions

  • Net Neutrality

    Gerard Magliocca
    26 Feb 2015 | 11:06 am
    Today the FCC voted to classify the Internet as a public utility and enforce net neutrality.  Kudos to Tim Wu (disclosure–I’ve known Tim for a long time).  Rarely has an academic had such a significant impact on public policy.  Congress may tinker with the regulatory framework in the coming years, but I suspect that the principle of net neutrality will remain a part of that framework.
  • Barbara Babcock reviews new book on Ruth Bader Ginsburg

    Ronald K.L. Collins
    26 Feb 2015 | 10:07 am
    Professor Barbara Babcock Over at SCOTUSblog, Standford Law Professor Emerita Barbara Babcock has a book review of Scott Dodson’s new The Legacy of Ruth Bader GinsburgCambridge University Press, 2015 (336 pp., cloth, $29.99), which he edited. Babcock’s review is titled “Law Professor, Feminist, and Jurist” and draws on some of her own history with RBG. As you may recall, in an earlier post on this blog Danielle Citron also wrote about Justice Ginsburg and the collection of essays in the Dodson volume. In case you missed it, take a look at Gail Collins’ recent…
  • UCLA Law Review Vol. 62, Issue 2

    UCLA Law Review
    25 Feb 2015 | 2:10 pm
    Volume 62, Issue 2 (February 2015) Articles Judging Opportunity Lost: Assessing the Viability of Race-Based Affirmative Action After Fisher v. University of Texas Mario L. Barnes, Erwin Chemerinsky & Angela Onwuachi-Willig 272 Enforcing Rights Nancy Leong & Aaron Belzer 306 Milliken, Meredith, and Metropolitan Segregation Myron Orfield 364   Comments David’s Sling: How to Give Copyright Owners a Practical Way to Pursue Small Claims Jeffrey Bils 464 Nonserious Marijuana Offenses and Noncitizens: Uncounseled Pleas and Disproportionate Consequences Jordan Cunnings 510
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    Sui Generis-a New York Law Blog

  • Free resources to help you manage your law practice

    26 Feb 2015 | 7:07 am
    This week's Daily Record column is entitled "Free resources to help you manage your law practice."  My past Daily Record articles can be accessed here. Free resources to help you manage your law practice It’s common knowledge that law schools rarely do a very good job of preparing lawyers to run their law practices. Instead, many law schools have curriculums designed to groom their students to become associates in law firms. For that reason, many law school graduates emerge from the hallowed walls of law school with very little business or technological know-how.As a result, solo and…
  • California Bar on whether lawyer blogs are ads

    18 Feb 2015 | 8:27 am
    This week's Daily Record column is entitled "California Bar on whether lawyer blogs are ads."  My past Daily Record articles can be accessed here. California Bar on whether lawyer blogs are ads   When blogging started to become commonplace a decade ago, it wasn’t something many lawyers concerned themselves with. Eventually, lawyers began to blog and many began to wonder whether blogs constituted lawyer advertising and thus required disclaimers.Over time, a number of jurisdictions have addressed this issue, with California weighing in on it just last month in proposed Formal Opinion…
  • A look at 4 of my favorite apps and extensions

    11 Feb 2015 | 12:51 pm
    This week's Daily Record column is entitled "A look at 4 of my favorite apps and extensions."  My past Daily Record articles can be accessed here. A look at 4 of my favorite apps and extensions   I’m a big fan of technology and am always looking for new ways to incorporate technology tools into my daily workflow. As a result, I often find myself experimenting with new apps and browser extensions. Here are a few of my latest discoveries, including iOS apps and browser extensions that simplify my life and streamline my workflow. First, there’s the GoogleNow iOS app. This app is an…
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  • Job Announcement: Fellow - Berkeley Center for Law, Business and the Economy (BCLBE)

    David Zaring
    25 Feb 2015 | 2:40 am
    The business law group there is extremely strong, and the way to apply can be found here.  The announcement: Fellow - Berkeley Center for Law, Business and the Economy (BCLBE) Boalt School of Law - JD Program RECRUITMENT PERIOD Open Feb 23, 2015 through Apr 30, 2015 DESCRIPTION Salary Range: Commensurate with experience Start Date: August 2015 or earlier by agreement This is a 100% time, one-year term contract position, with the possibility of renewal for a second year. Overview: The Berkeley Center for Law, Business and the Economy is seeking to hire a Research Fellow. The Berkeley…
  • I Love You, Trade Deal!

    David Zaring
    24 Feb 2015 | 5:45 am
    I've seen hard lobbying before, but this literal love letter from the Chamber of Commerce to the Trans-Pacific Partnership is pretty next level. The big finish: I love your trade promotion authority as if she were my own family. I’m ready to adopt her today if that would fast-track me to your heart. I can’t wait to call you my own and make sweet sweet economic progress with you. Please be mine. I will be yours. Love The American Business Community There's an actual poem too. Well worth your time.  HT.
  • Family Film Blogging: Into The Woods and Annie

    Christine Hurt
    23 Feb 2015 | 3:06 pm
    Just before DVDs come out, here are two reviews of holiday movies the kids and I finally caught at the "dollar movie" ($4).  We were excited about both of these back in December, but then the reviews came out and we dragged our feet.  In the end, we weren't (too) disappointed. Into the Woods.  If you were wondering what Anna Kendrick was doing with Neil Patrick Harris last night during the Oscars opening number, this is it.  Kendrick seemed to be wearing her exact dress (but not shoes -- remember the cow ate one) from her role as Cinderella in this musical movie.  Unlike my kids, I had…
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    Ms. JD Blog

  • Pump Up Playlist for Ms. JD’s Annual Conference

    24 Feb 2015 | 9:11 pm
    Ms. JD's Annual Conference is almost here!  Here's what we are bumping here in the Bay (yay) Area in preparation for getting Stronger Together. 1.  Independent Women Part 1, Destiny's Child 2.  Just a Girl, No Doubt 3.  Who Run the World, Beyoncé 4.  Express Yourself, Madonna 5.  Bo$$, Fifth Harmony 6.  Stronger, Britney Spears 7.  Wannabe, Spice Girls 8.  San Francisco, Foxygen  
  • Ms. JD’s Stronger Together Conference on March 5-6, 2015:  You Need to be There!

    Heather Asher
    24 Feb 2015 | 8:35 am
    Ms. JD’s Annual Conference, "Stronger Together," in San Francisco will start with the Ms. JD Honors awards ceremony on Thursday, March 5th and continue on Friday, March 6th with all day conference panels and activities.  Being on the “inside” I have had the advantage of talking with the speakers, reading the applications in support of our award honorees and seeing the effort that everyone at Ms. JD puts into the conference activities.  I know how amazing the conference will be, so now I am sharing my list of why you should also be there and…
  • Three Myths about the LSAT Experimental Section

    22 Feb 2015 | 5:27 pm
    We talk a lot with students gearing up for the LSAT about the ideal way to take an LSAT practice test, and one of the pieces we stress the importance of including is the Experimental Section. If you want a thorough discussion of the experimental section, go here, but for now here's a very brief description: Every officially-administered LSAT since 1991 contains four, 35-minute scored sections--2 Logical Reasoning, 1 Reading Comprehension, and 1 Logic Games--as well as an additional 35-minute, unscored "experimental" section. This section will be either a…
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    Legal Profession Blog

  • Violent Crime Is Serious Misconduct

    Legal Profession Prof
    26 Feb 2015 | 3:19 pm
    A conviction for a violent crime merits an 18-month suspension, according to a recent order of the Rhode Island Supreme Court. Disciplinary Counsel has requested that we suspend the respondent’s license to practice law based upon these two criminal convictions....
  • Costs Of Misconduct

    Legal Profession Prof
    26 Feb 2015 | 10:25 am
    The Washington State Supreme Court has imposed a six-month suspension of an attorney for pervasive neglect of a personal injury matter. The court Rather than challenge the factual basis of the Washington State Bar Association's (WSBA) three-count complaint, Pfefer's brief...
  • The Young And The Meritless

    Legal Profession Prof
    26 Feb 2015 | 8:38 am
    An attorney who improperly sought a default in an employment discrimination case on behalf of a former Special Assistant Attorney General was suspended for one month by the Rhode Island Supreme Court. The misconduct We find it inconceivable that the...
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  • Proposed California state bar opinion offers guidance regarding blogs as lawyer advertising

    25 Feb 2015 | 2:27 pm
    California’s Interim Formal Opinion 12-0006 suggests that advertising ethics rules should apply to law firms and lawyers that publish blog posts as part of their website. See the interim opinion or articles discussing the opinion (an ABA Journal article and Cal Bar Journal).
  • Cloud Computing for Lawyers in British Columbia

    18 Nov 2014 | 2:04 pm
    A fascinating blog post about the uncertainty surrounding the use of any non-British Columbia cloud providers by BC lawyers. See Did the LSBC Just Kill Cloud Computing for Lawyers in BC?. (Select the title of this post to view a link to the article.) The President of the BC Law Society clarified her remarks that prompted the more
  • Law Firm Sued Over Text Message Advertisements

    20 Oct 2014 | 10:58 am
    A Connecticut resident is attempting to bring a class action suit against a New York law firm for allegedly violating a consumer protection law by sending out unsolicited text message advertisements.
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    China Law Blog

  • China Distributor Relationships: Why Don’t They Get No Respect?

    <a href=''>Dan Harris</a>
    26 Feb 2015 | 6:16 pm
    Yesterday’s post China Distributor Agreements: A Relatively Easy Way To Sell Your Products Into China, was on how companies can sell their products into China via a China-based distributor. On Linkedin, in response to that post, Shanghai businessperson, Bill Cosgrove wrote the following: Dan, You make a compelling case for distributors. Why do you think the distribution route isn’t getting respect? Fear of loss of control? Just early in the process of this channel? I responded to that with this: Bill, Great question! Such a great question, in fact, that I am going to answer it…
  • China Distributor Agreements: A Relatively Easy Way To Sell Your Products Into China

    <a href=''>China Law Blog</a>
    25 Feb 2015 | 6:58 pm
    For most American SMEs, getting their products into China and then marketing, selling and delivering them is a difficult and massive task. Using an experienced Chinese distributor or distributors is oftentimes the best way for these companies to accomplish these things. Distribution contracts with Chinese companies are both similar to and quite different from US distribution agreements. U.S. law makes it difficult and expensive to terminate distributors, but because China makes no special allowances for distributors we draft China distribution agreements to provide for applying Chinese…
  • China Business Deals: What China Business Deal?

    <a href=''>Dan Harris</a>
    23 Feb 2015 | 8:12 am
    Great article in The Hollywood Reporter. The article is by Michael Wolff and it is entitled, Hollywood’s Disappearing Chinese Money. But it is about a lot more than just Hollywood-China deals. It is really about all China deals.  This article does as good a job as I have ever seen in describing how eager American companies are to “do deals” with Chinese companies and how that eagerness to a large extent blinds them to the fact that the deal they think is going to happen will not. Whenever a company calls one of our China lawyers to draft a contract for a deal, we always…
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    Patently-O » Patent

  • Current U.S. Patent Practitioner Trends

    Dennis Crouch
    26 Feb 2015 | 2:47 pm
    Guest Post by Zachary Kinnaird, Patent Attorney with International IP Law Group We are currently in the midst of a noticeable downward trend in the number of new patent practitioners each year.  As recently at 2009, nearly 2,000 new patent attorney and agents earned registration numbers, however this has fallen more than 40% in just five years.  Based on registrations from this January, only 1,000 new patent practitioners are projected to register in 2015. Registration timing data also shows: A weak correlation between law school enrollees and new patent practitioners A third of current…
  • “Late” IDS Filing Limits Patent Term Adjustment (PTA)

    Dennis Crouch
    26 Feb 2015 | 1:30 pm
    by Dennis Crouch Prior to 1995, the U.S. measured patent term very simply – a patent was in force for 17 years after issuance so long as the appropriate maintenance fees were paid.  Now, the U.S. has transitioned to a base term of 20-years from the filing date. With an average application pendency of about three-years, that transition has been seen as largely term-neutral.  However, Congress also created the patent term adjustment (PTA) system to increase the post-issuance term where USPTO delays have eaten-up too much of the 20-years. A major problem with the PTA statute is…
  • Hyatt’s Family Tree

    Dennis Crouch
    26 Feb 2015 | 3:23 am
    by Dennis Crouch In the ongoing saga between the USPTO and Hyatt, the USPTO recently submitted an interesting family tree of related applications filed by Gilbert Hyatt.  Nice redaction. It is unclear to me why the entire block is redacted since some of the Hyatt patents have issued and therefore are public as is the application of any unpublished application whose filing-date benefit is claimed by one of issued patents.
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    Religion Clause

  • Austrian Parliament Passes Controversial Amendments To Law On Islam

    Howard Friedman
    26 Feb 2015 | 4:10 am
    Austria's Parliament yesterday adopted controversial amendments to the country's 1912 Law on Islam.  As reported by AFP, the new law bans foreign financing of mosques and requires imams to be able to speak German. Its goal is to create an Islam with European character. However the law as adopted did not include a previously proposed requirement for the development of an official German version of the Qur'an. (See prior posting.) The law gives Muslims the right to consult Islamic chaplains on the staffs of hospitals, retirement homes, prisons and the armed forces. It also assures Muslims…
  • Annual White House Easter Egg Roll Announced

    Howard Friedman
    26 Feb 2015 | 4:05 am
    The White House this week announced that the 137th annual White House Easter Egg Roll will be held on April 6, hosted by the President and Michelle Obama.  It is expected that 35,000 people will gather on the South Lawn of the White House for the event. The lottery for tickets ends today at noon.
  • Court Dismisses Religious and Speech Objections To Requirement That Witness Stand To Be Sworn In

    Howard Friedman
    26 Feb 2015 | 4:00 am
    In Pellegrino v. Meredith, (ED CA, Feb. 23, 2015), a California federal magistrate judge dismissed, with leave to amend, a suit for damages against a traffic court judge and the county by Anthony Pellegrino who, as defendant in a traffic case, was told that he must stand while being sworn in as a witness.  Pelligrino refused, telling the court: "I only rise before my Lord and Savior Jesus Christ."  At that point the bailiff escorted Pellegrino outside the courtroom for an hour. When Pellegrino returned he was escorted to the bench area and sworn in before he had a chance to sit…
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  • The statute that keeps on giving

    Ron Coleman
    26 Feb 2015 | 9:07 am
    I am grateful for a break in the Section 2(a) action long enough that I could sneak in some blogging about another topic this week.  Apropos that post’s nostalgic subject, it even generated some old-fashioned comments-section debate about fair use with me on the unaccustomed side of things before breaking developments returned us to our monotonously scheduled programming. Steve Baird: Unlikely to be Confused. Yes… the thing about Section 2(a) of the Lanham Act — have you heard about that one? — is that, much like whatever it was Yogi Berra was talking about,…
  • Trademarks, the Redskins and the constitution

    Ron Coleman
    25 Feb 2015 | 7:34 am
    The NFL’s brief on the issue you’ve read about everywhere, including here, is now out and about (courtesy of John Welch): NFL v Blackhorse – The Redskins Brief
  • Coming soon to a bridge under you

    Ron Coleman
    24 Feb 2015 | 10:39 am
    Originally posted 2009-07-15 11:03:10. Republished by Blog Post PromoterPatent Litigation Weekly has a fascinating article about what tangled webs we — well, not we, but patent lawyers — weave when they become, er, patent rights opportunity entrepreneurs — i.e., patent trolls.  In this case, you could call them inbred patent trolls. The story focuses on the oddly distinct reactions by Fish & Richardson, the fancy patent law shop, to the career choices of two former associates who clearly began trolling while at Fish, and doing so in connection with patents of what…
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    Grits for Breakfast

  • Receive Grits for Breakfast posts via email

    26 Feb 2015 | 5:00 pm
    As happens at the beginning of every Texas legislative session, this blog has enjoyed an uptick in readership in recent weeks. For those of you new to the scene, particularly folks with a professional interest in the topics covered on this blog, you can sign up to have the previous day's headlines delivered every morning in your email inbox, along with nearly 1,800 other lucky souls. I don't share the list and you can unsubscribe any time you like, so: Enter Your Email to Git Yer Daily Grits! Preview | Powered by FeedBlitzEnjoy. Now back to our regularly scheduled programming ...
  • Bill to ban probation for illegal immigrants likely DOA after devastating critique of (un)constitutionality

    26 Feb 2015 | 1:27 pm
    When state Sen. Joan Huffman, a former district judge, filed her SB 174 forbidding sentences of probation for "illegal aliens," Grits was dismissive, declaring the bill should be dead as soon as its Fiscal Note was calculated and the costs were determined. It didn't take that long. The bill likely, effectively died night before last when the Houston Chronicle published an item on its website by Prof. Geoffrey Hoffman of the University of Houston Immigration Clinic titled "Houston senator's 'illegal aliens' bill is itself illegal." Hoffman offered up a devastating and IMO irreparable…
  • Bexar POs allegedly linked romantically to probationers

    26 Feb 2015 | 12:10 pm
    An investigation by WOAI radio in San Antonio:uncovered a pattern at Bexar County's Adult Probation Department: officers becoming romantically involved with the defendants they're supposed to be monitoring.Disciplinary records tell of one probation officer passing information to a defendant she friended on Facebook. A supervisor using his county cell phone to call and text a probationer day and night. And one officer trying to intervene to keep police from arresting her fiancé who was on probation. That last instance was caught on SAPD dash-cam video. It was after 1:00 a.m. on a March…
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    Drug and Device Law

  • Don’t Mix Apples & Bricks – Tincher Didn’t Change Pa. Drug/Device Law

    26 Feb 2015 | 5:00 am
    In our initial post about Tincher v. Omega Flex, Inc., 104 A.3d 328 (Pa. 2014), we stated up front that we didn’t think that Tincher changed Pennsulvania law applicable to prescription medical products much, if at all.  We wrote: For prescription products, the short answer is “not much..” . . . Largely as a result of concerns over liability for scientifically undiscovered risks . . . in Hahn v. Richter, 673 A.2d 888 (Pa. 1996) (another case Bexis briefed) the Court excluded prescription medical products entirely from Azzarello strict liability using Restatement…
  • Guest Post - Charlton in Charge: British Columbia Court of Appeal Overturns Pharmaceutical Class Action Certification Due to Plaintiff’s Failure to Provide Workable Causation Methodology

    25 Feb 2015 | 5:00 am
    What follows is a guest post about a significant class action decision in Canada.  Our guest poster today is Chris Horkins of the Canadian firm Cassels Brock & Blackwell LLP.   We haven't changed a thing, not even Canadian-style spelling, so as always our guest poster gets all the credit, and any blame, for what follows.******************Canadian courts may be taking a firmer stance against certification in pharmaceutical class actions. The recent decision of the British Columbia Court of Appeal setting aside the certification of a pharmaceutical class action in Charlton v.
  • Off-Label Promotion Allegations Trounce Fraudulent Joinder

    Michelle Yeary
    24 Feb 2015 | 2:56 pm
                Do we say often enough how much we dislike off-label promotion theories of liability?  It has its own section on the blog and on a quick skim through you will find traditional products liability cases, qui tam False Claims Act cases (and the subsidiary First Amendment litigation), securities fraud litigation, criminal actions, and third-party payer suits.  There are probably others, but we stopped scrolling.  The point is that just about everyone who wants to sue anyone in the pharmaceutical and medical device…
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    Crime and Consequences Blog

  • Would We Be Safer if Fewer Were Jailed?

    Kent Scheidegger
    26 Feb 2015 | 2:12 pm
    The NYT Room for Debate page has a collection of six short articles under the heading above.  The subhead is, "Can the use of jails be reformed to reduce the number of inmates without increasing society's risks?"  The question presented was specifically on county jails, not state prisons.  There is quite a stink in the Big Apple over conditions at Riker's.Before clicking on the link, care to guess how many of the six answer the main question "no"?  Or who wrote it?  (Oops, that singular pronoun in the second question sorta gave away the first.)
  • California v. National Crime Rates

    Kent Scheidegger
    26 Feb 2015 | 1:51 pm
    Here is an update on California versus overall United States crime rates.  The table below shows the rates per 100,000 population for the FBI's violent crime index and property crime index for 2011, nine months of which predates the Realignment program, and 2013, the most recent year with full data available.  The data are from the downloaded files on the FBI's Crime in the United States reports for the respective years.The nation as a whole had a 6% drop in property crime over the two-year period, while California had a 3% increase, a difference of 9%.
  • News Scan

    CJLF Staff
    26 Feb 2015 | 1:40 pm
    Update: GA Execution Delayed By Weather: The Georgia woman who was scheduled to be executed yesterday for the murder of her husband will spend a few more days on death row after inclement weather delayed her execution.  David Beasley of Reuters reports that officials delayed the execution and rescheduled it for next Monday after a weather forecast predicted three inches of snow overnight.  The last time a woman was executed in the U.S. was in September 2014.Repeat DUI Offender Charged with Murder: A California man who authorities say was convicted of DUI last June is behind bars…
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  • Jihadi John's Travel to Syria

    26 Feb 2015 | 12:44 pm
    I see many news reports saying Mohammed Emwazi, aka "Jihadi John" went to Syria in 2012. CAGE says it was 2013. In early 2013, Mohammed's father suggested that he should think about changing his name by deed poll, so that perhaps the name... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
  • "Jihadi John" Identified

    26 Feb 2015 | 11:20 am
    The black-clad executioner in ISIS beheading videos has been identified by the media as Mohammed Emwazi. He grew up in London, graduated college, and according to CAGE, which corresponded with him, was harassed by British intelligence and prevented... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
  • Twitter vs. ISIS

    25 Feb 2015 | 7:14 pm
    I really wish Twitter would stop deleting ISIS accounts. In the last three hours, 20 accounts I've been following are gone. This has been going on for weeks. I don't like one-sided news. ISIS accounts are a source of information. Following... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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    TheFunded Founder Institute News

  • Paying It Forward: How to Help New Startups Rise to the Top

    26 Feb 2015 | 2:00 pm
    We once asked Seattle Founder Institute mentor, Dan Shapiro why it's so important for experienced entrepreneurs to mentor new founders. To answer our question, Dan directed us to this gem of a blog post. Below, How to Help Startups, has been republished: "It’s been seven years since I started my first company. My successes over that course have had a great deal to do with the generosity and wisdom of the startup community, particularly in Seattle – countless meetings, meetups, blog posts, backchannels, and a mind boggling number of cups of coffee. Since the very…
  • Start your transition from Employee to Entrepreneur at a free Founder Institute event

    23 Feb 2015 | 10:25 am
    The Founder Institute hosts thousands of free startup events across the globe each year, in over [total_cities] cities across six continents. These events are designed to help aspiring entrepreneurs improve their ideas and entrepreneurial skills, all in a low-pressure environment. At Founder Institute events, you can meet and learn from successful entrepreneurs, get feedback on your ideas, come up with new ideas, recruit potential co-founders, and more. They are the perfect starting point for beginning your entrepreneurship journey. We have several events coming up in the next few…
  • To Grow Your Local Startup Community, First Map it Out

    22 Feb 2015 | 7:55 pm
    If you ask a local startup leader what is holding back their community from growing, chances are the answer you will get is “a lack of capital”. However, in our experience working in nearly 100 markets across the globe, "lack of capital" is nowhere near being the biggest hindrance to startup community growth. In fact, in nascent and developing markets, we have seen an influx of government and strategic capital actually hurt the local ecosystem more often than it helps it.  Consider the following sequence of events, which we have seen play out time and time again across…
  • The Lean Branding Approach to Business Naming

    20 Feb 2015 | 11:45 am
    For most, if not all, entrepreneurs crafting the perfect name for a company is a daunting task. Not only must a business brand be memorable, but it must also encapsulate the values and mission of the business. Fortunately, Margot Bushnaq, founder of BrandBucket, has delineated a simple yet effective method for creating an impactful and meaningful brand for your startup. The blog post, "The Lean Branding Approach to Business Naming", originally appeared on BrandBucket's blog and has been republished with permission below: The secret of getting ahead is getting started.” - Mark…
  • Feetz and Litesprite Selected as Finalists in the SXSW Accelerator Competition

    19 Feb 2015 | 3:10 pm
    On January 15th, the South by Southwest Interactive Festival announced its Accelerator Finalists, judges, and emcees. Feetz and Litesprite, two Founder Institute Graduates, were selected as SXSW Accelerator Finalists. The competition will showcase the most innovative technologies from around the world and the finalists will present their companies to live audiences and a panel of experts including entrepreneurs, investors, and industry influencers.   This competition provides a great opportunity for its finalists to receive funding. During the past six years,…
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  • Argument recap: Justices dubious of paying fees for defending bankruptcy fee applications

    Ronald Mann
    26 Feb 2015 | 12:20 pm
    It looked bleak for petitioner Baker Botts from the earliest moments of the argument yesterday in Baker Botts L.L.P. v. ASARCO LLC. The issue in the case is whether the fees that a law firm (Baker Botts) spends defending a fee application in bankruptcy can be compensated out of the estate, and the Justices who showed much interest in that question seemed hesitant (at best) to allow compensation. For almost the entire time Aaron Streett was at the lectern (for Baker Botts), he was peppered with questions from the Chief Justice and Justices Antonin Scalia and Sonia Sotomayor. Justice Scalia’s…
  • Book review: Law professor, feminist, and jurist extraordinaire

    Barbara Babcock
    26 Feb 2015 | 9:20 am
    Scott Dodson, editor, The Legacy of Ruth Bader Ginsburg Cambridge University Press, 2015 (336 pp., cloth, $29.99) Scott Dodson, the editor of this volume, has brought together an impressive group of law professors, lawyers, historians, and journalists to write about Justice Ruth Bader Ginsburg’s legacy. There are sixteen essays, each devoted to different periods of her life and work, with very little overlap in the coverage, and no real conflict of interpretation. In addition to Dodson’s own essay, the book includes contributions by, among others, Thomas Goldstein, Lani Guinier, Robert…
  • Petitions to watch | Conference of February 27

    Maureen Johnston
    26 Feb 2015 | 9:19 am
    At its Conference on February 27, 2015, the Court will consider petitions seeking review of issues such as Article III standing in class actions, exemption from California’s campaign finance disclosure requirements, and the retroactive application of Miller v. Alabama. This edition of “Petitions to watch” features petitions raising issues that Tom has determined to have a reasonable chance of being granted, although we post them here without consideration of whether they present appropriate vehicles in which to decide those issues.  Our policy is to include and disclose all cases…
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    Larry Bodine Law Marketing Blog

  • New Course Shows How to Launch a Mass Torts Practice

    Larry Bodine
    24 Feb 2015 | 3:00 am
    Mass Tort Nexus of Ft. Lauderdale, FL, will present a four-day course for lawyers to start a mass torts practice and enjoy a major return on their investment. The program will be presented from Friday, March 20 through Monday, March 23 at the W Hotel, oceanside in Fort Lauderdale. Click here for the Mass Tort Immersion Course Curriculum. Due to the amount of material covered, the interactive nature of the course and its hands-on learning format, only 20 participants will be accepted. The 500+ page course book includes the methods, tools, and strategies…
  • Law Practice Management Blueprint for Hiring and Training Employees

    Larry Bodine
    20 Feb 2015 | 3:10 pm
    Register now for the A-Z Law Practice Management Blueprint, March 6, 2015, The Westin Ft. Lauderdale Beach Resort. By Ken Hardison Are you tired of unproductive employees who lack motivation and constantly cause drama in your office? Do they have too much time on their hands or are they just simply not a good fit? Truth be told, it’s not always the employee. The majority of lawyers don’t have a clue about how to hire superstar staff. Better yet, they don’t effectively train the staff they do hire. There is rarely any real in depth training for new hires in law…
  • John Fisher: How to Build the Law Practice of Your Dreams

    Larry Bodine
    18 Feb 2015 | 7:41 am
    By John Fisher on Law Practice Manager: This was not your usual workday lunch. One of the most successful personal injury lawyers in New York agreed to have lunch with me. We were complete strangers and I was totally up-front with him from the get-go: I told him that I was there to find out what has made him a success. I was going to pick his mind and hopefully leave with a couple of gold nuggets that I could use for my practice. I call this “Modeling the Masters”—and it’s surprising to some that top-caliber lawyers are willing to share their best tips and advice. As…
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    Jim Calloway's Law Practice Tips Blog

  • And what about law schools?

    Jim Calloway
    25 Feb 2015 | 12:33 pm
    You know when Newsweek is publishing a story on needed reforms for law schools that the conversation has extended past the legal community. Unfortunately rapid change has not been a trait of academia or of the legal community. But serious...
  • Must Read: GPSOLO's Dispute Resolution issue

    Jim Calloway
    23 Feb 2015 | 8:00 am
    Mediation and arbitration are receiving a lot more attention these days. Even online dispute resolution has gone from a concept to a reality. The January/February 2015 issue of GPSOLO magazine with its theme of Dispute Resolution is an excellent resource...
  • Friday Five- Five Thoughts on the Future for Solo and Small Firm Lawyers

    Jim Calloway
    30 Jan 2015 | 12:18 pm
    Attorney@Work gave me the opportunity to share my thoughts today on their regular Friday Five feature. I hope my Five Thoughts on the Future for Solo and Small Firm Lawyers will be useful food for thought for many lawyers. They...
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    Robert Ambrogi's LawSites

  • Internet Brands Widens Footprint in Legal with Purchase of Total Attorneys

    Robert Ambrogi
    26 Feb 2015 | 6:05 am
    Internet Brands, one of the world’s largest operators of websites that serve targeted vertical markets, this week widened its footprint in the legal industry with the purchase of the law practice management and marketing site Total Attorneys. Internet Brands already operates the Martindale-Hubbell lawyer directory; the Nolo legal self-help site; and the, AllLaw and […] The post Internet Brands Widens Footprint in Legal with Purchase of Total Attorneys appeared first on Robert Ambrogi's LawSites.
  • New ‘Redact Assistant’ Easily Redacts Word and Excel Files

    Robert Ambrogi
    25 Feb 2015 | 5:37 am
    Lawyers often have to redact documents in order to obscure confidential, privileged or sensitive information. Redaction is most typically required for documents filed with a court or exchanged during discovery. For PDF documents, redaction is a fairly simple process, because most of the leading PDF programs used by lawyers include redaction as a built-in feature. […] The post New ‘Redact Assistant’ Easily Redacts Word and Excel Files appeared first on Robert Ambrogi's LawSites.
  • An Update on Microsoft’s Practice Management Product for Lawyers

    Robert Ambrogi
    23 Feb 2015 | 7:29 am
    In a recent post here, Microsoft Readies Launch of Practice Management Product for Lawyers, I wrote about Microsoft’s forthcoming launch of a practice management product for lawyers. I speculated that the launch would be of Matter Center for Office 365, which Microsoft previewed at last year’s International Legal Technology Association conference. I further speculated that […] The post An Update on Microsoft’s Practice Management Product for Lawyers appeared first on Robert Ambrogi's LawSites.
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    Wise Law Blog

  • 140Law - Legal Headlines for February 16, 2015

    Rachel, Law Clerk and Office Manager
    23 Feb 2015 | 7:27 am
    Here are the leading legal headlines from Wise Law on Twitter:Remedial Costs for Unreasonable Settlements by InsurersChild abuser awarded £20,000 by Ireland court after being harassed, named and shamed on Facebook pageCocaine case raises questions about how well jurors understand their job | The Toronto StarOntario Court of Appeal clamps down on surveillance evidenceWhy the demise of Sun News Network may be a preview of things to comeCitronella bug spray makes comeback after public pressureJudge: Washington florist who refused gay wedding broke law - Times UnionCanadian Justice Minister…
  • 5 Tips on Marketing for Law Firms (Video)

    Rachel, Law Clerk and Office Manager
    19 Feb 2015 | 1:57 pm
    The world of marketing remains a bit of a mystery for many legal professionals.  We know enough about it that many of us become do-it-ourselfers for our websites, blogs and even our branding.Nonetheless, there is much we can learn from true marketing professionals.To that end, I have the pleasure today of introducing the first in a series of videos on Marketing for Lawyers and Legal Professionals I’ve done with Sandra Bekhor of Bekhor Management and Toronto Marketing Blog. Sandra’s firm provides marketing and practice management services nationwide to lawyers and other professional…
  • 140Law - Your Leading Legal Headlines for the week of February 9, 2015

    Rachel, Law Clerk and Office Manager
    17 Feb 2015 | 7:16 am
    Here are the leading legal headlines from Wise Law on Twitter:Thousands of UK court cases could soon be heard via SkypeOntario’s e-cig law unconstitutional: prof  Same-sex couple’s custody battle collides with ‘outdated’ Alberta lawLance Armstrong Loses $10 Million Arbitration Ruling5 plaintiffs drop pimping accusations against Dominique Strauss-KahnOntario Judge ripped for dating site research before rendering his decision in a trial for sexual assaultOttawa delaying studies to determine if e-cigarettes are a safe alternative for smokers, researchers sayQuadriplegic Alberta…
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  • Happy Twelfth Birthday to DennisKennedy.Blog

    15 Feb 2015 | 6:50 pm
    Twelve years ago today, I launched this blog. I decided to call the blog simply DennisKennedy.Blog.My blog and I celebrated the birth day quietly today, with only a little fanfare, as we awaited a large winter storm predicted for St. Louis.We talked at length about the positive response the blog has always gotten and the many great people the blog has introduced to me. My blog likes to claim most of the credit, of course, but, after twelve years, we both will admit it’s been a great collaboration. My blog also felt that the best birthday gift I could have given it was the revamping and…
  • Reconsidering Speech Recognition

    1 Feb 2015 | 5:57 pm
    I’ve been thinking lately about whether changes in technology should be causing us revisit ideas and approaches that we have tossed aside or put on the back burner for many years. In simplest terms, the question would be if high-speed Internet connections, mobile access, processor power, memory, storage and the Cloud now make it possible for us to do some of the things we’ve talked about for many years, but that never quite worked.Another way to pose the question is to ask whether you have started to notice that things that never quite worked are now starting to work noticeable…
  • Must-have Apps for Lawyers – My New ABA Journal Column

    1 Feb 2015 | 5:16 pm
    My latest “Kennedy on Tech” ABA journal column is my attempt to answer a question I frequently hear from lawyers – “What mobile apps should I have?”One of the things that intrigues me most about our new world of apps is how personalized each of our experiences using tech, especially mobile devices, has become. The apps that I like might not be the ones you like. The apps I use most might well be apps you don’t even use. It becomes more difficult than ever to compare what I’m seeing on my screens to what you are seeing on your screens.As a result, I…
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    LawBiz® Blog

  • 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,…
  • Follow the Money … Act Based on the Evidence

    Ed Poll
    19 Feb 2015 | 1:59 pm
    Jerry Maguire said “Follow the Money. A former labor union leader said “Follow the bank account, not the budget, to see how much money is really available to offer union members-employees. Why is it, then, that some politicians are attacking the Affordable Care Act, originally a Republican proposal, and many economists are saying there is hardly an economic ripple? They cannot both be right? As attorneys, we’re taught to argue both sides of the equation. As citizens, it would seem that we need to focus on the truth and follow the evidence
  • Malpractice and Bar Discipline May Not Be the Same

    Ed Poll
    17 Feb 2015 | 8:22 am
    Today, Ed will be talking with Cindy Shapiro. Cindy is a partner at Reback, McAndrews, Kjar, Warford, Stockalper & Moore LLP. She’s practiced professional liability defense since 1994. Her practice includes defending professionals from malpractice and related claims. Our conversation today will focus on risk management to prevent lawyers from getting involved in the first place. An ounce of prevention is much better than a pound of cure. 20 minutes, 10 seconds 4.7MB
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    The Innocence Project

  • Chris Conover, Remembered

    26 Feb 2015 | 1:52 pm
    The Baltimore Sun paid tribute Wednesday to former Innocence Project client Chris Conover, who took his own life last week.
  • Op-Ed: Forensic Authorities Say Rigorous Review of Forensic Practices Urgently Needed

    25 Feb 2015 | 2:55 pm
    Two leaders in the field of forensic science are calling for an in-depth look into the validity and reliability of various forms of forensic evidence. They cite wrongful convictions as proof that forensic science is, in fact, a misnomer—that most forms of forensics actually have no scientific basis and therefore major reform around their use in the judicial process, as recommended by several federally appointed committees.
  • Texas Court of Criminal Appeals Stays Execution of Rodney Reed

    25 Feb 2015 | 8:44 am
    Today the Texas Court of Criminal Appeals stayed the execution of death row inmate Rodney Reed in response a motion filed by his lawyer earlier this month. The following can be attributed to Reed’s lawyer, Bryce Benjet, a staff attorney with the Innocence Project, which is affiliated with Cardozo School of Law.
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    UNDERDOG - Fairfax Criminal/DWI Attorney - Northern Virginia.

  • Pot legalization takes effect tomorrow in Washington, D.C.

    24 Feb 2015 | 9:00 pm
    By Fairfax County/Northern Virginia criminal defense lawyer Jon Katz. Fighting for the best outcome for DWI/DUI, drugs, marijuana, sex charges, felonies and misdemeanors. Pot legalization takes effect tomorrow in Washington, D.C., when the District's marijuana referendum becomes effective law. Thanks to Mayor Muriel Bowser and all city councilmembers who did not bow to threats from a few U.S. House Republicans warning about Mayor Bowser's risks of federal prosecution in the face of the recent federal spending bill that inserted a prohibition for the D.C. government to spend funds to…
  • Police stingray snooping technology shows how much our cellphones make us sitting dudks to surveillance.

    22 Feb 2015 | 9:00 pm
    By Fairfax County/Northern Virginia criminal defense lawyer Jon Katz. Fighting for the best outcome for DWI/DUI, drugs, marijuana, sex charges, felonies and misdemeanors. Did George Orwell know that Internet and cellphone technology would one day arrive, giving law enforcement and many others new opportunities to severely invade our privacy? It was only a matter of time that police would obtain and use stingray snooping technology that snoops not only on suspects, but even nearby non-suspects. Sometimes police obtain search warrants to stingray people, and sometimes not, and some judges issue…
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    The Legal Satyricon

  • Revenge Porn Verdict – $900,000 (Chanson and Bolleart)

    25 Feb 2015 | 3:12 pm
    Eric Chanson and Kevin Bolleart are $900,000 further in the red as of today. (order)Filed under: misc
  • “Argentine Money Trail” Case Order is in, and the winner is…. The Argentine Press!

    19 Feb 2015 | 4:47 pm
    I don’t want to comment extensively on this – but suffice to say that I am delighted to report that evidence in the Argentine Money Trail case will be open to the public. This is a bright day in otherwise dark days for the Argentine press. The Order is here. The court held that matters […]
  • Rakofsky v. The Internet Dies With a Whimper

    3 Feb 2015 | 11:05 am
    For any of you who have followed the case affectionately dubbed “Rakofsky v. The Internet, it is over. This was one of the most unsupportable defamation cases I have ever seen filed. There were clear defenses, which ultimately prevailed. But, since it was filed in New York, which does not have a real Anti-SLAPP law, […]
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    Chicago IP Litigation

  • Failure to Make Arguments to Magistrate Requires Reversal of Recomendation

    R. David Donoghue
    18 Feb 2015 | 4:12 am
    Velocity Patent, LLC v. Audi of Am., Inc., No. 13 C 8418, Slip Op. (N.D. Ill. Dec. 11, 2014) (Darrah, J.). Judge Darrah held that Judge Mason’s discovery report and recommendation was clearly erroneous, and ordered past damages discovery be produced going back six years before the complaint filing in this patent case.Judge Mason recommended limiting damages discovery to the date of the complaint forward, but his recommendation was clearly erroneous because neither party advanced its respective patent marking argument before Judge Mason.In light of that and based upon Velocity Patent’s…
  • Clarified Claim Construction Precludes Summary Judgment

    R. David Donoghue
    16 Feb 2015 | 3:32 am
    Trading Techs. Int’l, Inc. v. CQG, Inc., No. 05 C 4811, Slip Op. (N.D. Ill. Dec. 22, 2014) (Coleman, J.). Judge Coleman denied defendants’ (collectively “CQG” motion for summary judgment of noninfringement in this patent case involving futures trading software.For more on plaintiff Trading Technologies’ (“TT”) various cases, click here CQG argued that TT could not meet its burden of proving infringement because TT did not identify a manual recentering command in CQG’s accused products.The Court previously adopted Judge Moran’s claim construction of “static display of…
  • Court Requires Document Production be Accompanied by an Affidavit Explaining the Search Process

    R. David Donoghue
    13 Feb 2015 | 2:49 am
    Fantasia Distrib., Inc. v. Rand Wholesale, Inc., No. 14 C 1546, Slip Op. (N.D. Ill. Dec. 2, 2014) (Chang, J.). Judge Chang ruled upon the following discovery disputes in this case regarding alleged counterfeit sales of ehookah products: Defendant Rand was to conduct a “reasonable” search for exchanges of returned products having plaintiff Fantasia’s Fantasia label and provide a sworn affidavit how the relevant records are generated and maintained, stating that the records were searched and describing the search, and supplying any results of the search. Rand had sufficiently produced…
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    Ohio Employer's Law Blog

  • Reading the #SCOTUS tea leaves: headscarves, religious accommodations, and Abercrombie

    Jon Hyman
    26 Feb 2015 | 4:17 am
    Yesterday, the Supreme Court heard oral argument in EEOC v. Abercrombie & Fitch Stores, Inc. (transcript here [pdf]), which will hopefully determine the circumstances under which an employer must, as a religious accommodation, grant an exception to its “Look Policy” for a hijab-wearing job applicant. More broadly, employers hold out hope for some more generalized guidance on what they should do when a corporate policy conflicts with an employee’s sincerely held religious belief. What an interesting argument. The Justices seemed very skeptical of requiring employees to raise the…
  • DOL proposes expanded FMLA coverage for same-sex couples

    Jon Hyman
    25 Feb 2015 | 4:49 am
    Same-sex spousal rights in this country are a mess. There is hope that the Supreme Court will clear it all up later this year when it hears the issue. In the meantime, the Department of Labor has proposed a change to the FMLA’s definition of “spouse.” From the DOL: We announced a rule change under the FMLA to make sure that eligible workers in legal, same-sex marriages, regardless of where they live, will have the same rights as those in opposite-sex marriages to care for a spouse. We’ve extended that promise so that no matter who you love, you will receive the same rights and…
  • Turning a mistake into an educational opportunity

    Jon Hyman
    24 Feb 2015 | 4:58 am
    Yesterday, local morning news anchor Kristi Capel got herself into a bit of a mess when, during her newscast and while speaking to her African-American co-anchor, used “jigaboo” to refer to Lady Gaga’s music. We can debate the sincerity of her explanation (“I deeply regret my insensitive comment. I didn’t know the meaning and would never intentionally use hurtful language. I sincerely apologize”), or the intent of her words. To me, she did not appear to intend hatred or bigotry, even if I don’t necessarily believe that she didn’t know the meaning of jigaboo. We can also debate…
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    Privacy Law Blog

  • FTC Issues Report and Privacy Best Practices for the Internet of Things

    Rohit Dave
    18 Feb 2015 | 11:02 am
    Rohit Dave On January 27, 2015 the Federal Trade Commission (the “FTC”) issued a report detailing best practices and recommendations that businesses engaged in the Internet of Things (“IoT”) can follow to protect consumer privacy and security. The IoT refers to the connection of everyday objects to the Internet and the transmission of data between those devices. According to Gartner estimates the IoT services spending will reach $69.5 billion in 2015. The potential benefits of IoT growth include enhanced healthcare through connected medical devices, convenience and cost savings…
  • SEC Releases Results of Cybersecurity Examination Sweep

    Kristen J. Mathews
    12 Feb 2015 | 5:18 pm
    Kristen J. Mathews By Rochelle Emert and Phillip Caraballo-Garrison On February 3, 2015, the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) issued a Risk Alert that summarized its findings about cybersecurity preparedness in the securities industry. As part of its Cybersecurity Examination Initiative, the OCIE collected and analyzed information about cybersecurity practices and trends from over 100 registered investment advisers and broker-dealers. Proskauer discussed the OCIE study and its key findings in a client alert located here. With the OCIE stating that it will…
  • Responding to the Anthem Cyber Attack

    Kristen J. Mathews , Roger Cohen and Ellen Moskowitz
    10 Feb 2015 | 7:09 pm
    Kristen J. Mathews , Roger Cohen and Ellen Moskowitz Authors: Roger Cohen, Paul Hamburger, Kristen Mathews, Ellen Moskowitz, Richard Zall Anthem Inc. (Anthem), the nation’s second-largest health insurer, revealed late on Wednesday, February 4 that it was the victim of a significant cyber attack. According to Anthem, the attack exposed personal information of approximately 80 million individuals, including those insured by related Anthem companies. Anthem has reported that the exposed information includes member names, member health ID and Social Security numbers, dates of birth,…
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    Lawyers, Guns & Money

  • “Don’t Look At Us. We Didn’t Do it.”

    Scott Lemieux
    26 Feb 2015 | 11:59 am
    You can accuse the co-ACA Troofer-in-Chief of many things, but having shame is not one of them: “If they’re not looking at some kind of contingency plan, I think that’s irresponsible. It’s kind of like hostage-taking,” said Jonathan Adler, a law professor at Case Western Reserve University and one of the architects of the legal challenge. I can’t even. The problem with the argument is that Adler and Cannon are both taking and shooting the metaphorical hostages, and they’re asking Obama to tell the public that everyone is fine while the hostage-takers look for a getaway…
  • Is Roger Pielke the victim of a McCarthy-style witch hunt?

    Paul Campos
    26 Feb 2015 | 9:55 am
    Earlier this week Erik flagged a NYT story revealing that one of the most prominent climate change skeptics had failed to disclose, as he was required to do, that he’s gotten a lot of funding from energy interests. This story is part of a real problem, since Wei-Hock Soon is far from the only climate change skeptic whose professional expertise and/or motivations are open to legitimate question. In the wake of the story, US Representative Raúl Grijalva (D-AZ), the ranking member of the House of Representatives Committee on Environment and Natural Resources, sent a letter to seven…
  • David Attewell on the Greek Deal: The Bad, The Good, and the Weird

    Steven Attewell
    26 Feb 2015 | 9:55 am
    (now that the substance of the Greek deal is known, I’ve brought back David Attewell to sort through the tea leaves for us) Facing the potential exit of Greece from the Eurozone, the Troika and the Syriza-led government agreed something of a ceasefire on Monday. For the next four months, the Greek government will continue to receive financial support (mostly to pay back its Northern creditors), and its banks will continue to receive liquidity support from the ECB. But the real action is in the substantive terms of the bridge program. What kind of settlement has Greece gotten, and how…
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  • The Law of the Beehive: Drones Create New Legal Buzz

    26 Feb 2015 | 12:37 pm
    Coming soon to the sky near you may be a modern-day honeybee, aka an unmanned aerial vehicle (UAV), the official name of a "drone." UAVs have made an important appearance at each of these recent events: The great Boston blizzard of 2015 A fire at a peanut factory in Georgia Journalism classes at the University of Missouri And now the law is evolving to catch up to technology, which introduces a nest of important issues concerning privacy, security and commercial freedoms. That contrasts with the simple origins of a drone, the male honeybee who, unlike worker bees, needs not worry…
  • Southampton NY Traffic Lawyer/Driving in Southold, NY

    22 Sep 2013 | 12:21 pm
    Drivers heading to the ferry in Orient Point on the North Fork of Long Island need to be patient as they travel through the Town of Southold on Route 48. This roadway begins as a 2 lane road, then opens into a divided 4 lane highway in Mattituck for approximately 15 miles and then returns to a 2 lane road for the remainder of the trip to Orient. The speed limit on Route 48 varies from 20-30 mph in Village areas to 45-55 mph on the divided highway. Southold Town police actively patrol Route 48 looking for drivers who exceed the speed limits or cross a double yellow line to pass slower…
  • Texas DWI Laws

    9 Apr 2011 | 8:39 pm
    Houston DWI Laws Class B Misdemeanor Houston DWI: If you are found guilty of a DWI and it is a first offense, it may be considered a Class B misdemeanor, which means you may face up to 180 days in county jail and/or a fine up to $2,000. Class A Misdemeanor DWI: If you are found guilty of a DWI and you have had one prior conviction, you may face up to 1 year in county jail and/or a fine up to $4,000. 3rd Degree Felony Houston DWI With two prior convictions, you may be facing 2 to 10 years imprisonment, and you may also be fined up to $10,000. Other factors in considering the severity of a DWI…
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    Connecticut Employment Law Blog

  • The Year of Religion and the Workplace

    Daniel Schwartz
    26 Feb 2015 | 6:13 am
    The law works in mysterious ways.  (Cue the U2 song.) Some years seem to get dominated by a particular type of issue, even though the law has been around for years. This year, it seems as though issues of religion and the workplace are taking center stage. Yesterday, the U.S. Supreme Court heard arguments in the EEOC v. Abercrombie & Fitch case that I talked about last month.  As usual, SCOTUSBlog has an excellent recap written “in plain English”.   The case involves the government’s suit against the retailer for failing to hire a Muslim teenager who wore a…
  • The Perils of Social Media & Legal Considerations – Join Us!

    Daniel Schwartz
    25 Feb 2015 | 12:00 pm
    On Thursday, February 26th, I’ll be speaking on a panel discussion for the Connecticut Bar Association, Young Lawyers Section discussing the legal considerations of social media. The topic covers how the evolving world of new social media is constantly churning up interesting legal issues and problems. The panel will present insights on some of the hot issues related to cutting edge social media in a variety of sectors, including employment and law enforcement. We’ll also talk about cases like the attorney who thought it was a good idea to post pictures of his, ahem, body part…
  • Cabbie’s Fear of Dogs Doesn’t Trump Requirement to Allow Service Dogs

    Daniel Schwartz
    20 Feb 2015 | 6:22 am
    Back in 2012, I posted about a lawsuit filed by a cab driver who claimed he suffers from cynophobia (a fear of dogs), who was fired after he refused to pick up a blind customer with a service dog.  The cabbie claimed that his termination violated the Americans with Disabilities Act because he has a disability — namely a fear of dogs. Back then, I tried to frame what I thought the issues would be in the case. Assuming that the plaintiff has a cognizable disability under the ADAAA, the case at first blush seems to put one disability against another.  Does a patron’s need for a…
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    JD Supra Hot Docs - Newsworthy Legal Filings From the Source

  • Woodbridge Structured Funding LLC v. Pissed Consumer: Decision and Order of NY Appellate Division Affirming Order Dismissing Petition for Discovery of Anonymous Commenter

    Ronald Coleman
    19 Feb 2015 | 10:41 am
    Case Name: Woodbridge Structured Funding LLC v. Pissed Consumer Document Name: Decision and Order of NY Appellate Division Affirming Order Dismissing Petition for Discovery of Anonymous Commenter Post Date: 02/19/2015 Filing Date: 02/19/2015 Document Summary: Decision of the Appellate Division, First Department, affirming the dismissal by the trial court in New York County which denied a petition to compel to disclose the identity of the person or persons who posted alleged defamatory statements. Contributor: Ronald Coleman [Full Profile | Docs Posted]

    Ian Imrich
    11 Feb 2015 | 2:10 pm
    Case Name: RATIONAL FT ENTERPRISES LIMITED v. ERICK ALLEN LINDGREN [Poker Stars Debt Collection] Document Name: COMPLAINT Post Date: 02/11/2015 Filing Date: 01/30/2015 Document Summary: United States District CourtDistrict of Nevada (Las Vegas)CIVIL DOCKET FOR CASE #: 2:15-cv-00179-LDG-NJKRational FT Enterprises Limited v. LindgrenAssigned to: Judge Lloyd D. GeorgeReferred to: Magistrate Judge Nancy J. KoppeDemand: $2,531,807,000Cause: 28:1332 Diversity-Other Contract Date Filed: 01/30/2015Jury Demand: NoneNature of Suit: 190 Contract: OtherJurisdiction: DiversityPlaintiff Rational FT…
  • D'Alessandro v. Kirkmire: Appellate Memorandum and Order Declaring Law Imposing Fines without Fair Trial Unconstitutional

    Michael Burger
    9 Feb 2015 | 2:18 pm
    Case Name: D'Alessandro v. Kirkmire Document Name: Appellate Memorandum and Order Declaring Law Imposing Fines without Fair Trial Unconstitutional Post Date: 02/09/2015 Filing Date: 02/06/2015 Document Summary: City of Rochester ordinance struck down and declared an unconstitutional violation of procedural due process for imposing fines (which the City unsuccessfully contended were "fees") without a trial. The City further required that the mid-level official reviewing the determination be the same official who assessed the "fee" in the first instance. The City…
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    Special Education Law Blog

  • Breaking: Feds Issue Guidance on Protecting Student Privacy #StudentPrivacy

    Jim Gerl
    26 Feb 2015 | 2:00 pm
    The United States Department of Education announced on its blog today that it has issued new guidance on protecting student privacy while school districts use online educational services and apps.  The guidance was issued in the form of a You-Tube video.OK I am at serious risk for sounding like the cantankerous old-timer here, but I remember when the feds did not have a blog and couldn't find You-Tube to save their lives.  Ah, the times they are a changin'. (Please tell me that you know who Bob Dylan is young-un's.) You can read the blog post here.  The guidance on…
  • State Complaint Procedures - The Other White Meat

    Jim Gerl
    24 Feb 2015 | 7:18 pm
    I recently became a state complaint investigator for two state education agencies: the South Dakota Department of Education and the New Mexico Public Education Department.  I don't think we talk enough about state complaints here.  Most of the caselaw in this fast-growing field of law deals with due process hearings, but state complaints remain an important procedural safeguard for parents and non-parents, and the only sure way to test systemic issues.  Time for a refresher course on state complaints.  So this post provides some basic information about state…
  • Weekly Question!

    Jim Gerl
    23 Feb 2015 | 6:00 am
    As we wind down our series on bullying of kids with disabilities, have you found the series to be helpful? What other series would you like to see in future posts?------- Thanks for subscribing! Jim Gerl
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    Drug Injury Watch

  • A New Case Of Progressive Multifocal Leukoencephalopathy (PML) In A Patient Using Gilenya Is Reported By Novartis In Canada

    Tom Lamb
    23 Feb 2015 | 2:22 pm
    Company Is Investigating This Gilenya - PML Case To See Whether Brain Disease Might Be A Side Effect Of Its MS Drug (Posted by Tom Lamb at  Gilenya (fingolimod) capsules were approved by the FDA in 2010 and by Health Canada in 2011. We posted this article about Gilenya last week, on February 16, "Various Drug Safety Issues Continue To Be Associated With Novartis Multiple Sclerosis (MS) Medication Gilenya".  In that article we looked at the cardiac-related risks associated with Gilenya. A few days later we saw this news report on the website for the Multiple Sclerosis…
  • Various Drug Safety Issues Continue To Be Associated With Novartis Multiple Sclerosis (MS) Medication Gilenya

    Tom Lamb
    16 Feb 2015 | 2:00 pm
    ISMP QuarterWatch Report From 2014 States Adverse Events Reports Show That Gilenya Cardiac Risks "were neither rare nor hypothetical" (Posted by Tom Lamb at safety profile for the Novartis drug Gilenya (fingolimod) has been controversial for some time now, and the concerns about adverse reactions and side effects continue. As background, in August 2012 we posted this article, "Multiple Sclerosis (MS) Medication Gilenya: Timeline Of Actions Taken In US, Canada, And Europe". And over the past several years we have been monitoring news reports about Gilenya adverse…
  • Zofran Associated With Birth Defects When Used During Pregnancy As An "Off-Label" Morning Sickness Treatment

    Tom Lamb
    9 Feb 2015 | 1:11 pm
    Medical Researchers Find Increased Risk Of Heart Defects And Cleft Palates In Babies Born To Women Using Zofran (Posted by Tom Lamb at Women with severe morning sickness who were prescribed Zofran (ondansetron) -- a GlaxoSmithKline drug approved by FDA for the prevention of nausea and vomiting associated with chemotherapy and radiotherapy -- have had babies born with heart-related birth defects and other congenital malformations such as cleft palate and/or cleft lip. For some background facts regarding this emerging drug-safety issue we begin with a June 2014…
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    Bankruptcy Home Blog

  • Deficiency judgment after foreclosure what is it?

    20 Feb 2015 | 12:34 pm
    Visit for the original content posted here, Deficiency judgment after foreclosure what is it? Did you know that even after your home is sold at auction or by the lender you could still be on the hook for money owed on your loan? This debt is called a deficiency, and it occurs if the … Continue reading →
  • Consumer debts how do I find all of them?

    10 Feb 2015 | 11:29 am
    Visit for the original content posted here, Consumer debts how do I find all of them? It’s not unusual for some debtors to ignore bills and phone calls from lenders, and some borrowers do not even know how much they owe or to whom. But what do you do when you are ready to tackle the … Continue reading →
  • Buying a house will bankruptcy help?

    27 Jan 2015 | 6:27 am
    Visit for the original content posted here, Buying a house will bankruptcy help? Many people decide to file bankruptcy without fully understanding what it will and will not do for them. They also do not consider the limitations bankruptcy will place on their ability to make large purchases, at least for a specific … Continue reading →
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    Asbestos HUB

  • 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 this 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…
  • The Basic Facts About Malignant Mesothelioma: Asbestos Cancer with Three Types; Diagnosis and Staging Information; General Medical Treatment Options

    Tom Lamb
    6 Feb 2015 | 1:38 pm
    Malignant mesothelioma, or cancer of the mesothelium, is a disease in which cells in the mesothelium become abnormal and divide uncontrollably. The abnormal cells can metastasize and spread to nearby tissues and organs, resulting in malignant mesothelioma. In more detail, mesothelioma affects the lining or covering of the affected body part — such as (1) the lung, if it is pleural mesothelioma, or (2) the abdomen, if it is peritoneal mesothelioma, or (3) the heart, if it is pericardial mesothelioma. Each of these three different types of mesothelioma will sometimes be called just…
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    Real Lawyers Have Blogs

  • Top 10 in Law Blogs: Target Breach, Net Neutrality, Bob Marley

    Colin O'Keefe
    26 Feb 2015 | 5:46 pm
    In the big rule of the day, the FCC officially voted to regulate the Internet like a utility. Travis Crabtree has a quick (and good) reaction to that in today’s roundup. Total posts on the LexBlog Network today: 176. Bob Marley’s Heirs Jammin’ With a Win at the Ninth Circuit – Alexandria, VA lawyer Brewster Taylor of Stites & Harbison on the firm’s blog, Trademarkology NAD Recommends Changes to Online Travel Agency’s Search Engine Marketing Claims – New York lawyer Ronald Urbach of Davis & Gilbert on his blog, Madison Ave Insights “Civil War” Brewing in…
  • Law firm digital publishing needs to be a conversation

    Kevin O'Keefe
    26 Feb 2015 | 12:06 am
    Lost on most blogging lawyers and law firms is that blogging represents something much different than writing an article for dissemination. Blogging represents an opportunity to develop relationships with your readers. Relationships developed through conversations with your readers. New York Times public editor Margaret Sullivan (@sulliview), writing this week on the Times’ plans to expand comments, said that comments are a key part of the newspaper’s relationship with its readers. She explained, “reader commenting is one of the best ways for The Times to stay close to its readers…
  • Top 10 in Law Blogs: Fish and SOX, Skin Cancer Apps, Beer Delivery

    Colin O'Keefe
    25 Feb 2015 | 5:46 pm
    Before we jump into the Top 10, we have a couple interesting pieces over on LXBN—first Zosha writes on how Keith Olbermann’s Twitter gaffe underscores the need for smart social media policies, and Montserrat Miller joined me on LXBN TV to discuss the halted immigration reform. Total posts on the LexBlog Network: 197. The new college landscape: unionizing grad students – Stephen Romero and Mario Barrera of Norton Rose Fulbright on the firm’s blog, Global Workplace Insider Does Clapper Silence Data Breach Litigation? A Two-Year Retrospective – West Palm Beach lawyer…
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    Securities Docket

  • SEC Probes Companies’ Treatment of Whistleblowers – WSJ

    Securities Docket
    26 Feb 2015 | 6:54 am
    In recent weeks the agency has sent letters to a number of companies asking for years of nondisclosure agreements, employment contracts and other documents, according to people familiar with the matter and an agency letter viewed by The Wall Street Journal. The inquiries come as SEC officials have expressed concern about a possible corporate backlash against whistleblowers. via SEC Probes Companies’ Treatment of Whistleblowers – WSJ
  • SEC Enforcement Chief: Reporting Suspicious Activity ‘Not Optional’ for BDs — ThinkAdvisor

    Securities Docket
    26 Feb 2015 | 6:09 am
    Securities and Exchange Commission Enforcement Chief Andrew Ceresney told broker-dealers Wednesday that compliance with the Bank Secrecy Act “is not optional,” and that a BD’s failure to file a required suspicious activity report (SAR) “is, by itself, a basis for enforcement action.” via SEC Enforcement Chief: Reporting Suspicious Activity ‘Not Optional’ for BDs – ThinkAdvisor
  • Securities Docket News Wire for February 25, 2015

    Securities Docket
    26 Feb 2015 | 5:55 am
    Onetime Mystery Informant in Galleon Insider Trading Case to Be Sentenced – -> Guest Post: Despite SLUSA, Plaintiffs File IPO Lawsuits in State Court | The D&O Diary -> Lure of Wall Street Cash Said to Skew Credit Ratings – Bloomberg Business -> Batista Insider Trading Case in ‘Turmoil’ After Judge Seen Driving Seized Porsche | Compliance Week ->
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    HealthBlawg :: David Harlow's Health Care Law Blog

  • 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: Update your reader now with this changed subscription address to get your latest updates from us.
  • 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: Update your reader now with this changed subscription address to get your latest updates from us.
  • 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: Update your reader now with this changed subscription address to get your latest updates from us.
  • Better, Smarter, Healthier: Medicare and Value Based Purchasing

    David Harlow
    29 Jan 2015 | 3:49 pm
    We've Moved! Update your Reader Now. This feed has moved to: Update your reader now with this changed subscription address to get your latest updates from us.
  • 2015 Health IT Predictions and Reflections

    David Harlow
    6 Jan 2015 | 8:58 am
    We've Moved! Update your Reader Now. This feed has moved to: Update your reader now with this changed subscription address to get your latest updates from us.
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    San Antonio Legal Solutions | San Antonio Legal Solutions

  • Personal Injury Defense Win in Bexar County

    25 Feb 2015 | 2:31 pm
    Last week we helped Will Allan and Alex Nava from Allan, Nava, Glander successfully defend what we nicknamed the “bumper scratcher” case. This low impact and very low damage claim was filed by The Herrera Law firm and included a neck surgery recommendation.There were many obstacles to overcome, including the Judge not allowing the accident photographs into evidence. After 2 weeks of testimony the plaintiffs asked for $625,000 in damages, including past and future pain and suffering.The jury returned a $0 verdict in 45 minutes of deliberation.We provided the defense team with…
  • Defense Win – Wrongful Death (minor)

    29 Sep 2012 | 2:35 pm
    Jury is back on this heated trial in Bexar County. Find the news article here: Jury decides doctor not to blame for toddler’s deathWe helped prepare some of the trial exhibit boards and with the editing of videos in the trial portion of this case. It was well tried by both sides.The post Defense Win – Wrongful Death (minor) appeared first on San Antonio Legal Solutions.
  • Jury Information Retention and Trial Technology

    27 Jun 2012 | 2:42 am
    Have you ever heard that juries remember 10% of what they read, 20% of what they hear, 30% of what they see and 50% of what they hear and see? I have, and I’ve actually have used it many times while explaining why trial presentations are beneficial.While researching for an upcoming CLE, articles: I wanted to find the source of these numbers to make sure there was actual evidence to support this. Guess what? There is none, and in reality there is no truth to it. Here’s two interesting…
  • $544,000 Verdict – Premises Liability

    24 Apr 2012 | 10:36 am
    Congrats to Lawrence Morales of San Antonio for a well tried and long trial in Bexar County.  This case sparked lots of emotions and hopefully will show other apartment managers to follow the rules and keep their unoccupied apartments locked and not allow random people to stay in them.Press Links: News 4 WOAI (story #1)News 4 WOAI (story #2) The post $544,000 Verdict – Premises Liability appeared first on San Antonio Legal Solutions.
  • $370,000 Verdict – Car Accident

    27 Mar 2012 | 1:25 pm
    Congrats to Damon Garza and Desi Martinez ( on a well tried case in Laredo last week. $360,000 jury verdict in a week long trial against a police officer that was speeding without lights/sirens and hit their client.DLS provided all trial technology support throughout the trial.The post $370,000 Verdict – Car Accident appeared first on San Antonio Legal Solutions.
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    Political GPS: Womble Carlyle Political Law

  • Individual Contribution Limits Increased for 2015 -2016 Election Cycle

    Womble Carlyle Team
    6 Feb 2015 | 11:17 am
    On February 3rd, the Federal Election Commission increased the amounts that individuals and certain PACs can contribute in the 2015-16 election cycle. The most significant change is that individuals may now give $2700 per election to each federal candidate. This is an increase from the $2600 per election limit that had been in place for 2013-14.  Since primary and general election contests are viewed as separate “elections,” an individual may now contribute a total of $5400 to a federal candidate for the two-year election cycle.In addition, individuals can now give $33,400 to each…
  • Don't Sweat the Details...Unless You're Filing at the FEC

    Womble Carlyle Team
    8 May 2014 | 10:19 am
    Few federal agencies have rules as picky, or as confusing, as the Federal Election Commission. But surely minor transgressions in reports won’t have any significant repercussions, right? Well, maybe.Bacardi USA PAC recently filed an amended statement of organization that failed to include addresses for its treasurer and for the PAC’s bank. This prompted the FEC to seek clarification through a request for additional information, known in the campaign finance world as a “RFAI.” To get square with the FEC, the PAC filed an amended report with the omitted information. Simple enough. RFAIs…
  • Supreme Court Opens New Political Contribution Opportunities for Big Donors

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

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

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

  • How to Identify Nursing Home Neglect

    Kyle Bachus
    25 Feb 2015 | 6:00 am
    Nursing home neglect happens more often than people know. There are times when nursing home staff will not answer questions and will ignore the needs of the patient. Loved ones can become frustrated by the lack of care their loved one is receiving. If you believe this is happening to your loved one, there are ways to identify nursing home neglect. There are measures you can take to protect your loved one’s rights, such as becoming a medical durable power of attorney, if you feel the patient requires assistance. This enables you to make medical decisions for the patient and to help fight…
  • Understanding Employee Rights in Colorado

    Kyle Bachus
    23 Feb 2015 | 6:00 am
    Colorado has a lot going for its citizens including ranking fourth in 2014 for being a great place to work based on factors like employment rate, average salary, cost of living and workplace conditions. So what other factors should you be concerned about if you work in the Centennial State? Employee rights come to mind because no matter how good your job, being prepared with the right information regarding workplace laws is a smart idea. Listed below are some areas to consider about Colorado work laws and their impact on your rights and job expectations. Non-Discrimination Hiring, Firing and…
  • How to Find a Lawyer after a Motorcycle Accident

    Kyle Bachus
    20 Feb 2015 | 12:35 pm
    After you have been in a motorcycle accident, the first thing on your mind may be how you are going to recover from your injuries. You may also be thinking about how you will pay to repair your bike as well as keep up with your other recurring living expenses. To help alleviate some of the burden, it may be worthwhile to contact a personal injury attorney. How to Find a Colorado Springs Motorcycle Accident Lawyer Finding an accident lawyer in Colorado Springs is as easy as going online or looking in the phone book. You may also be able to get a referral from a friend or someone else who may…
  • What to do if you have denied Social Security benefits

    Kyle Bachus
    6 Feb 2015 | 5:44 am
    Bachus & Schanker, LLC Social Security disability expert, James Olsen, was interviewed by on navigating the Social Security Administration’s reconsideration process. James leads our strong Social Security Disability group, helping our clients receive the benefits they deserve. In the article James explains three ways to request reconsideration. Read “How To Request a Social Security Disability Reconsideration”.
  • Attorney Reviews, Colorado – Bachus and Schanker

    Kyle Bachus
    4 Feb 2015 | 5:26 am
    Video Transcription I remember driving past a middle school and there is a police substation off next to it and I saw a cop car. I was very aware of what was going on around me. Getting ready to cross an intersection, I could see that there was a row of cars trying to turn in front of me and the last car, it looked like he stopped and he decided to shoot out and we had a head on collision. It was really unreal, everything went in slow motion. I remember getting out of the car and smelling smoke and looking up at the light and seeing that it was still green. I realized that I need to get my…
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    P.I.S.S.D. -- Personal Injury, Social Security Disability. Dallas Texas Lawyers

  • Five Signs Your Workplace Injury Was Due to Employer Negligence

    Bob Kraft
    26 Feb 2015 | 7:57 am
    It is often difficult to tell who is at fault for a workplace injury. Employers will often try to save money by blaming the injury on the person who was harmed. However, there are five key signs that your workplace injury was due to your employer’s negligence. Your Employer Failed to Document Correctly There are a few things that must happen after a workplace injury of any kind, however minor it may be. You must immediately notify your employer so they can file a First Report of Injury. You should then be given a copy of this form and directed to get medical treatment. The doctor will…
  • Know Your Rights: How to Respond to a Search or Seizure

    Bob Kraft
    25 Feb 2015 | 7:24 am
    Though it’s not something most people like to think about, the possibility of a police encounter can be a stressful experience. Whether you have a criminal record or you’re squeaky clean, police officers may want to search your person or your vehicle in some instances. The good news is that you have rights in these situations. It’s imperative that you understand them and assert them in those situations when police might be breathing down your neck. Here’s an overview of how to respond in these situations. Understanding “search” Distinctions There are many…
  • Medical Malpractice Tort Reform Runs Wild in Texas

    Bob Kraft
    24 Feb 2015 | 7:44 am
    Well, Texas voters, you can’t say that the trial lawyers didn’t warn you this would happen. Once you let the tort reformers get a foot in the door they’re going to shove it wide open. Now a Houston appellate court has ruled that when a retirement home hires a valet parking service, and one of the drivers runs over a pedestrian, that is a health care claim covered by the medical malpractice tort reform laws. Does that make even a tiny bit of sense to you? Not to me, but apparently it does to the Texas system. The end result is that the pedestrian, now deceased, must obtain a…
  • Going to Court: Rights You Should Know in the Courtroom

    Bob Kraft
    23 Feb 2015 | 7:53 am
    At one time or another, almost everybody will be involved in the legal system. It could be anything from a speeding ticket to a major accident. Whatever the case, there are some common threads that all cases share under due process of law. Be aware of these rights as you prepare to walk into the court room. The Right to an Attorney Whether the case is civil or criminal, you have the right to be represented by an attorney. It’s constitutional. Any judge in the country is required to give you a reasonable time to retain an attorney. However, you have no right to a public defender in a…
  • Four Signs Your Doctor is Guilty of Medical Malpractice

    Bob Kraft
    22 Feb 2015 | 7:25 am
    Due to variations in human anatomy, immunologic responses and healing variances, it’s quite possible for problems to arise with your medical condition even if your doctor did everything perfectly. However, some negative outcomes are caused by ignorance or carelessness. How can you know if your doctor has committed malpractice in your specific case? Here are four serious red flags. Records are Difficult to Obtain or Missing You have the right to full and complete copies of your medical records, including surgical reports, images and clinical notes. If your doctor will not release a copy…
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    Marquette University Law School Faculty Blog

  • Early Wisconsin Law: A New York State of Mind

    Joseph A. Ranney
    26 Feb 2015 | 11:26 am
    Chancellor James Kent This is the third in a series of Schoone Fellowship Field Notes. Legal cross-currents among states. Measuring the legal influence states have on each other is an intriguing but difficult task. Some scholars have approached the task by measuring the number of times a state’s supreme court decisions are cited in other states. Typically they have used these numbers to rank each state and have left it there. Little consideration has been given to regional variations in influence or changes in influence over time, or to the fact that judges rely on legal treatises as…
  • Some Perspective from Five Marquette Lawyers Who Are General Counsel

    Alan J. Borsuk
    26 Feb 2015 | 9:53 am
    You are the general counsel of a large corporation. Your company is involved in negotiations to buy a competitor and there are layers upon layers of complexity and risk. Is a lawsuit against the competitor a deal-killer or no big deal? Why is a key employee of the other company about to bolt for a third company? Business for your own company has been slipping. Do you need this deal to save your company or will the deal wreck what you do have? The questions—and the pressure—build. Ray Manista, Cari Logemann, Paul Dacier, Julie Van Straten, and Frank Steeves in Eckstein Hall’s Appellate…
  • Congratulations to Marquette’s 2015 Jessup Team

    Melissa L. Greipp
    24 Feb 2015 | 8:33 pm
    Congratulations to 3Ls Xheneta Ademi, Tyler Nash, Frank Remington, and Patrick Winter for reaching the quarterfinals of the Philip C. Jessup International Moot Court Midwest Regionals in Chicago this past weekend.  In its 56th year, the Jessup Competition is one of the world’s most prestigious moot court competitions.  The Midwest region is comprised of 21 teams.  Our Marquette team went 3 and 1 to advance to the quarterfinal rounds. Attys. and Marquette Law alumni Juan Amado (Jessup, 2011), Matt Tobin (Jessup, 2014) and Drew Walgreen (MU moot court, 2013), as well as Professors…
  • Archbishop Explains the Pope’s Approach to Opposing Abortion

    Alan J. Borsuk
    23 Feb 2015 | 6:03 pm
    Milwaukee Archbishop Jerome Listecki says, “Until I die, I will be supportive of pro-life efforts.” But does he understand what Pope Francis meant when he said that the Catholic Church was obsessed with issues such as abortion? Yes, he said, during an “On the Issues with Mike Gousha” program at Eckstein Hall on Monday. The pope, he said, was not talking about the “rightness of the issue” and the church’s opposition to abortion. He was talking about how you spread the church’s message and bring people in. Speaking of those who are particularly intent on the church’s fighting…
  • Prisoner Enfranchisement in Ireland

    Michael M. O'Hear
    20 Feb 2015 | 8:00 pm
    I was surprised to learn recently from an Irish law professor that Ireland gave its prisoners the right to vote in 2006. Felon disenfranchisement is such a pervasive fact of life in the United States that many Americans might assume, as I did, that this is the accepted practice everywhere. This turns out not to be the case. Ireland is hardly alone, even among the common-law countries, in giving prisoners the right to vote, although the case of Ireland may be unusual in that its legislature acted in the absence of a court directive. Canada and South Africa, by contrast, required court rulings…
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    Green Building Law Update

  • 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…
  • Climate Change Scientist Andrew Weaver Wins Libel Case Against Canadian National Post

    Stuart Kaplow
    8 Feb 2015 | 4:43 pm
    Canadian climate change scientist Andrew Weaver won a widely watched defamation lawsuit against the National Post last week. The Supreme Court of British Columbia found that “the defendants have been careless or indifferent to the accuracy of the facts” in four articles about climate change published in print and online, in late 2009 and early 2010, by the National Post. The articles were titled,  Weaver’s Web: Is it unreasonable to suggest his charge of theft against the fossil fuel industry is totally without merit? Weaver’s web II: Climate modeller’s…
  • Top 10 States for LEED Green Building and Surprise Top LEED Rating System

    Stuart Kaplow
    2 Feb 2015 | 3:44 pm
    Today, the U.S. Green Building Council released its annual List of the top 10 states for LEED certification in 2014. Now in its fifth year, the List has become much anticipated. While some chuckle at a measure of “per capita square footage” (i.e., using U.S. Census data and including all commercial and institutional green building projects certified throughout 2014 to determine how many square feet were LEED certified in each state for each man, woman and child), there is valuable information to be gleaned from reviewing the List, including looking for business opportunities among…
  • All Water is Greywater - So Don't Ban Greywater in Your Plumbing Code

    Stuart Kaplow
    25 Jan 2015 | 8:33 am
    As governments across the country enter the triennial building code cycle, including adopting the 2015 International Plumbing Code, it is key that they not ban greywater use. Codes are usually adopted by local government legislative bodies, often with the advice of boards comprised of retired or senior members of local trades (e.g., the Plumbing Board) many of whom may not be conversant in sustainability and new innovations in green building. Many, if not nearly all, local governments alter and amend national codes for their own purposes. A prime example is that many local governments adopted…
  • Indoor Marijuana Growing Accounts for Over 1% of all Electric Consumption in the U.S.

    Stuart Kaplow
    19 Jan 2015 | 7:30 am
    In 2015, when vaping is out and Marley Natural Weed is in, the largely unrecognized and surging use of electricity associated with marijuana must be considered.  Indoor marijuana growing operations accounted for over 1% of all electric consumption in the U.S., according to a 2011 study by Evan Mills, a Lawrence Berkeley National Laboratory researcher. In California, marijuana production accounted for about 3% of electric use, according to the study. The methodology of the study, self-recognizing the difficulties in tracking an activity that was illegal, only considers the indoor…
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    California Employment Law Report

  • Five documents employers should provide to employees separating from the company

    Anthony Zaller
    20 Feb 2015 | 1:17 pm
    There is always a lot of attention paid to what notices and forms should be given to new-hires. However, today’s Friday’s Five post I want to focus on the documents that should accompany an employee’s separation from employment: 1. Paycheck for all hours worked until separation including all accrued but unused vacation time. Generally, the paycheck must be provided at the time of termination or within 72 hours if employee quits without providing 72 hours’ notice. Here is a more detailed article I wrote on the topic previously. 2. Notice to Employee as to Change in…
  • Five pointers to know before attending a Labor Commissioner hearing

    Anthony Zaller
    12 Feb 2015 | 3:38 pm
    This Friday’s Five is a bit early this week, but I have to post today as my blog is going through some upgrades and I will not be able to post this tomorrow (Friday). I’ve previously written about what Labor Commissioner hearings are (also known as Berman Hearings here in California) and how to prepare for the hearings. This post is more generally about the strategy during Labor Commissioner hearings, and items to remember while completing the process. 1. Be courteous to everyone during the process. Be nice to the clerk checking people in at the Labor Commissioner’s office.
  • Five rules for drafting vacation policies the right way under California law

    Anthony Zaller
    6 Feb 2015 | 8:19 am
    One policy that I find is usually not given the attention it deserves when drafting employee handbooks is the policy for vacation time. There are numerous rules about how employees earn vacation, and it is often tricky to draft a proper policy without someone experienced in this area. Many out-of-state employers assume that their policy complies with California law when setting up operations, but California is unlike most other states when it comes to vacation time. Here are some of the more problematic areas I see arise (for more detailed overview it is worth reading the DLSE’s website…
  • Five exempt employee classifications all California employers should understand

    Anthony Zaller
    30 Jan 2015 | 12:10 pm
    I apologize for the long post in advance, but I’ve been receiving many questions about exempt vs. non-exempt classification of employees lately. This article is the first in a series of articles to help employers tread through this technical area, hopefully in a manner that makes it at least somewhat easier for employers to understand. California law presumes that all employees are non-exempt employees, meaning that they are not exempt from the Labor Code requirements, such as overtime pay, meal and rest breaks, and minimum wage. Exempt employees are designated as such because they are…
  • Five indispensable items employers must know about California's Wage Theft Protection Act's Notice to Employee

    Anthony Zaller
    23 Jan 2015 | 7:53 pm
    The Wage Theft Protection act of 2011 added Labor Code section 2810.5 requiring all private California employers to provide a written notice containing specific information to non-exempt employees upon hire. Below are five indispensable items employers should understand about the Notice to Employee (“Notice”) required under the law. 1. All private employers, regardless of size, must provide the Notice to employee with some limited exceptions. The DLSE explains that the Notice is not required for employees “directly employed by the state or any political subdivision,…
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    Social Security Disability Lawyer

  • 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…
  • The 2014 Waterfall Chart

    Maine Social Security attorney Gordon Gates
    5 Feb 2015 | 12:30 pm
    Each year, the Social Security Administration releases statistics about the disability and SSI programs in an easy-to-understand format, the "waterfall" chart. The chart shows the percentage of claims approved and denied at the various levels of review. Here is the latest chart, for FY 2014: The chart shows what claimants can expect, statistically, for their claim for Social Security disability benefits. I like this chart, and have posted the waterfall chart each year on this blog since 2010. However, much has changed since then (see my post from 2010). Allowance rates are down…
  • The composite job

    Maine Social Security attorney Gordon Gates
    2 Feb 2015 | 4:15 am
    Sometimes a prior job is actually more than one job at the same time. You were both a nurse supervisor and performed the duties of an RN. You were both a carpenter and a construction supervisor. These are called composite jobs.  In every disability claim, the SSA must determine (at step 4 of the 5-step sequential evaluation process) whether you have the residual functional capacity to perform your past relevant work. This is where the composite job can cause problems with a claim. I just had a hearing where this issue came up. The work history report listed past relevant work at a…
  • Judge Helm now at the helm at Portland ODAR

    Maine Social Security attorney Gordon Gates
    29 Jan 2015 | 2:25 pm
    The new chief administrative law judge of the Portland, Maine Social Security hearing office is Judge Linda J. Helm. Judge Helm transferred to Portland from her previous post at the hearing office in Mobile, Alabama. We welcome her. Judge Helm was conducting hearings today, and I already have a hearing scheduled with this new judge. She replaces Judge Guy Fletcher, who transferred to the Phoenix, Arizona ODAR. The weather app on my mobile phone says that the temperature today in Phoenix was 70 degrees, which is 70 degrees warmer than the temperature this morning at my house.
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    The Rainmaker Blog

  • U.S. Supreme Court Decision Could Cause State Bars to Lose Antitrust Immunity

    Stephen Fairley
    26 Feb 2015 | 1:04 pm
    Yesterday, the U.S. Supreme Court handed down its decision in North Carolina Board of Dental Examiners v. Federal Trade Commission, ruling that a regulatory body of a self-regulated profession (dentists in this case, but the law would apply as well) are only immune from antitrust liability if they are actively supervised by state governmental authorities. As Avvo GC Josh King wrote yesterday on his Socially Awkward blog: Boom. The case concerned alleged violations of the Sherman Antitrust Act for unfair competition when the NC Board of Dental Examiners sent cease-and-desist letters to…
  • Latest Changes to the Legal Marketing Landscape

    Stephen Fairley
    25 Feb 2015 | 3:42 pm
    Some changes in the legal marketing landscape to pass along to you this week: Total Attorneys Acquired by Internet Brands Internet Brands is the company that gutted Martindale-Hubbell, Nolo and (I wrote about that exactly one year ago today here.) Total Attorneys is a 13-year-old company based in Chicago that focuses on lead generation for small and mid-sized law firms. An Internet Brands press release says the Total Attorneys brand will “remain intact” and the company will continue to operate from Chicago. Time will tell. Avvo Running TV Ads Avvo has two TV spots —…
  • How to Find Balance Between Your Life and the Law

    Stephen Fairley
    24 Feb 2015 | 2:48 pm
    Owners of small law firms and solos are some of the busiest lawyers I know, and it’s extremely difficult to strike a balance between your business and personal lives. While we all like to think that our work sustains us, it is our family and friends who play a key role in how happy we are in life. The best advice I always give to attorneys struggling to find some balance is to turn to systems and processes to run as much of your business as possible without your personal intervention. In other words, modernize your firm! There are so many great, inexpensive software programs and free…
  • How To Build a Profitable Intake System

    Lynda Collins
    23 Feb 2015 | 1:14 pm
    Building an effective, efficient intake system will do more for your firm’s bottom line than just about any other legal marketing activity. The money you spend on generating leads is wasted if calls to your firm go unanswered, unreturned or answered improperly. Last week, Adam Warren penned a post on the National Trial Lawyers Association blog on In House Client Intake vs. Call Centers. Adam has years of experience in lead generation for mass torts attorneys through his firm, The Sentinel Group. Based on that experience, Adam writes that acquiring cases is much better when a firm has an…
  • How to Make Travel Frustrations Pay Off for YOU, Not the Airlines

    Stephen Fairley
    20 Feb 2015 | 12:27 pm
    I travel a lot. Just this week, I flew to San Diego for the DigitalMarketer Traffic & Conversion Seminar, to Palm Springs to speak at the Primerus Personal Injury Institute’s seminar and then to Las Vegas for our two-day legal marketing boot camp, the Rainmaker Retreat. So when I read an article on HuffPost’s Travel blog about the 10 Secrets the Airlines Don’t Want You to Know, I was surprised to discover I didn’t know half of them. Which means you probably don’t either. Here they are: Pass on the vouchers and take the cash. If you are bumped from a flight due to overbooking,…
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    Defending People

  • 2015.40: Thinking is Not What You Think

    Mark Bennett
    12 Feb 2015 | 4:31 pm
    Do I have free will? If you believe that I do, on what evidence do you believe that? The only evidence that you might have is your perception that you have free will—anything outside of that can be easily faked. If you ask me to do something and I do it, you don’t know whether that’s out of free will or some compulsion. But it seems to you that you have free will, so you believe that you have free will, and because you believe that you have free will and assume that I am the same you believe also that I have free will. It seems to me that I have free will too. So why do I…
  • 2015.39: Texas House Member Chris Turner is an Ignorant Buffoon (updated)

    Mark Bennett
    12 Feb 2015 | 2:04 pm
    Texas Penal Code Section 36.06: OBSTRUCTION OR RETALIATION. (a) A person commits an offense if he intentionally or knowingly harms or threatens to harm another by an unlawful act: (1) in retaliation for or on account of the service or status of another as a: (A) public servant, witness, prospective witness, or informant; or (B) person who has reported or who the actor knows intends to report the occurrence of a crime; or .  .  .  . (c) An offense under this section is a felony of the third degree unless the victim of the offense was harmed or threatened because of the victim’s…
  • 2015.38: Greenfield Takes a Hill He Can’t Hold

    Mark Bennett
    9 Feb 2015 | 6:44 am
    Scott writes: Keith is friends with Jeena, and saw no reason to attack her post too strongly and turn a friend into an enemy. So in concluding, he threw her a bone with some praise. Of course, it contradicts his point, renders his post pointless and is facial nonsense. Jeena didn’t remind anyone to structure behaviors so as not to do a disservice towards clients, but to not be a jerk because that’s not how she wants to be personally and therefore believes it to be intrinsically better. “Jerk” is never used as a word of praise. Why? Because not being a jerk is intrinsically…
  • 2015.37: Never to Forget

    Mark Bennett
    5 Feb 2015 | 10:55 am
    Today the Harris County Criminal Lawyers Association held a ceremony in honor all of the local criminal-defense lawyers who have died. There are 125 names on the list; I’m sure we’re forgetting some, but we only started keeping track in 2006 (it was Robb Fickman’s idea, during Wendell Odom’s presidency). Most of us will never find more than fleeting fame; the purpose of the ceremony is to remember those who have fought the good fight, and might otherwise be forgotten. We invited Harris County’s thirty-seven criminal court judges to the ceremony. Three attended:…
  • 2015.36: The Unconstitutionality of Section 33.021(c)

    Mark Bennett
    4 Feb 2015 | 2:37 pm
    Here’s my brief on the unconstitutionality of the balance of Texas’s Online Solicitation of a Minor statute, Texas Penal Code Section 33.021. I have two appeals pending, both in courts that have already upheld the statute in the face of First Amendment challenges: Both the Beaumont and First Courts of Appeals analyzed Section 33.021(c) as statutes regulating conduct rather than speech. This is plainly incorrect: speech that is unprotected because it incites the imminent commission of a crime is still speech. The San Antonio Court of Appeals upheld Section 33.021(c) in the face of…
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    a public defender

  • How to keep your liberty intact at DUI checkpoints – one man’s theory

    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…
  • Beyond a Reasonable Doubt 2: Reason Harder

    16 Feb 2015 | 5:50 am
    A couple of weeks ago, I wrote this post attempting to make sense out of the incomprehensible landscape of reasonable doubt and the different ways in which judges define – or refuse to – those terms to jurors. I wanted to make a new instruction that would be easy to follow and correct and accurate. Based on conversations in the comments and in emails I received, I decided to come up with a second new instruction. Both are reproduced below and I want to hear from you guys. Is one better than the other? Can either be further tweaked? The Hans Gruber instruction: The State has the…
  • Who is a reasonable man?

    16 Feb 2015 | 4:00 am
    The law is so very concerned with reason and reasonableness. The Fourth Amendment doesn’t apply if a search is “reasonable”. Actions of parties suing others are judged by what a “reasonable person” would do. Prosecutions have to be proven beyond a “reasonable” doubt. If you read my post on the latter, you will no doubt have learned that “reasonable”, in the law, is an undefinable term. When you tell a person that “reasonable doubt” means “doubt for which you can assign a reason”, you are telling them the same thing,…
  • Judge O’Toole’s quest to make the Constitution a legal fiction

    13 Feb 2015 | 4:54 am
    [This is my latest column for the CT Law Tribune.] [Update: The First Circuit has granted a hearing on the motion for change of venue. I think it’s a sham. Read why here.] Both the Federal Constitution and the state constitution provide every person with several rights when it comes to the kind of trial that he or she deserves: there is a right to a public trial, a right to a fair trial and a right to a trial by an impartial jury. At the same time, the public and the press have a First Amendment right of access to courts and to trials. These rights combine to form a “presumption…
  • Welcome to America. Buy one visa and get one police brutality FREE!

    13 Feb 2015 | 4:25 am
    Welcome to America, where not speaking English is a curbstomping offense; where any darker skinned individual peacefully walking down the street is a suspect and any cop who asks questions in English, is told “no English”, is too stupid to put two and two together. Granted, this is Alabama, but by God we are becoming a parody of ourselves: brutish dumb oafs who are outwardly and secretly racist and xenophobic, sitting in our oversized chairs because they’re the only ones that will accommodate our obese bodies, wearing tin foil hats and rocking bath and forth fervently while…
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  • Complaint site does not have to identify its users

    Evan Brown (@internetcases)
    20 Feb 2015 | 12:19 pm
    Petitioner filed an action in New York state court seeking to compel to disclose the identity of the person or persons who posted certain statements to the site. These statements criticized petitioner for allegedly failing to fulfill an advertising promise to give the user a $500 gas card. The anonymous user went on to complain that petitioner “will forget about you and … all the promises they made to you” once “you sign on the dotted line.” The trial court denied the petition to compel to turn over the names of its users.
  • internetcases turns 10 years old today

    Evan Brown (@internetcases)
    28 Jan 2015 | 6:08 am
    Ten years ago today, somewhat on a whim, yet to fulfill a need I saw for discussion about the law of the internet in the “blogosphere” (a term we loved dearly back then), I launched internetcases. What started as a one-page handwritten pamphlet that I would mimeograph in the basement of my one-bedroom apartment and then foist upon unsuspecting people on street corners has in ten years turned into a billion dollar conglomerate and network. internetcases is now translated into 7 languages daily and employs a staff of thousands to do the Lord’s work fighting Ebola and terrorism…
  • Best practices for providers of goods and services on the Internet of Things

    Evan Brown (@internetcases)
    27 Jan 2015 | 3:26 pm
    Today the United States Federal Trade Commission issued a report in which it detailed a number of consumer-focused issues arising from the growing Internet of Things (IoT). Companies should pay attention to the portion of the report containing the Commission’s recommendations on best practices to participants (such as device manufacturers and service providers) in the IoT space. The Commission structured its recommendations around four of the “FIPPs” – the Fair Information Practice Principles – which first appeared in the 1970s and which inform much of the world’s regulation…
  • Facebook wins against alleged advertising fraudster

    Evan Brown (@internetcases)
    12 Jan 2015 | 12:21 pm
    Defendant set up more than 70 bogus Facebook accounts and impersonated online advertising companies (including by sending Facebook falsified bank records) to obtain an advertising credit line from Facebook. He ran more than $340,000 worth of ads for which he never paid. Facebook sued, among other things, for breach of contract, fraud, and violation of the Computer Fraud and Abuse Act (CFAA). Despite the court giving defendant several opportunities to be heard, defendant failed to answer the claims and the court entered a default. The court found that Facebook had successfully pled a CFAA…
  • Court orders Twitter to identify anonymous users

    Evan Brown (@internetcases)
    9 Jan 2015 | 8:18 am
    Defamation plaintiffs’ need for requested information outweighed any impact on Doe defendants’ free speech right to tweet anonymously. Plaintiff company and its CEO sued several unknown defendants who tweeted that plaintiff company encouraged domestic violence and misogyny and that the CEO visited prostitutes. The court allowed plaintiffs to serve subpoenas on Twitter to seek the identity of the unknown Twitter users. Twitter would not comply with the subpoenas unless and until the court ruled on whether the production of information would violate the users’ First Amendment rights.
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  • Supreme Court Confirms Right to Strike Constitutionally Protected

    Yosie Saint-Cyr
    26 Feb 2015 | 6:00 am
    For some, this decision took a long time to arrive. The Supreme Court of Canada in Saskatchewan Federation of Labour v Saskatchewan confirmed once and for all that the right to strike is protected under the Canadian Charter of Rights and Freedoms. This landmark decision strikes down Saskatchewan’s essential services legislation, which prevented a wide range of public sector employees from striking. This decision does not conclude that all essential services legislation that imposes limits on strike action will be unconstitutional; however, it will have an impact on the future of labour…
  • Drink From the Garden Hose

    David Whelan
    26 Feb 2015 | 4:00 am
    Social media is a coursing flow of data and information. Twitter’s own output is known as the firehose for obvious reasons. You can tap into that volume to monitor an event or person, making the flow more manageable. To do so, you need to understand what you are looking for and how to avoid missing it. There are some basic ways to follow a topic on Twitter. The most common is the hashtag – placing a pound sign # in front of a term – and Twitter converts those into a clickable link. Hashtags have a few drawbacks. First, everyone has to agree on what it is. Then everyone has to use it.
  • Pink Shirt Day

    Karen Dyck
    25 Feb 2015 | 5:26 pm
    Did you wear a pink shirt today? Today (February 25) is Pink Shirt Day in Canada, a day devoted to promoting collective action against bullying in our schools, communities and online. The origins of the day, as described by the Globe and Mail, are as follows: The tradition of wearing pink shirts emerged in September, 2007, after a Nova Scotia high-school student was targeted with homophobic insults for wearing a pink shirt to school. Two Grade 12 students, Travis Price and David Shepherd, organized their schoolmates to wear pink in solidarity. My favourite #PinkShirtDay tweet was from…
  • Smartwatches Still in the Running

    David Canton
    25 Feb 2015 | 10:59 am
    I’ve written about smartwatches before. So far they have not been selling as fast as some expected. The marketplace still hasn’t sorted out the right combinations of features and price. Apple’s iWatch is arriving in April. It will no doubt sell well – if for no other reason than it’s an Apple product. The first real smartwatch was the Pebble, which broke Kickstarter records in 2012. They announced a new version of it yesterday, called the “Pebble Time”. They launched a new Kickstarter project yesterday morning – but this time just to take…
  • Wednesday: What’s Hot on CanLII

    25 Feb 2015 | 4:00 am
    Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about. For this last week: 1. Iannarella v. Corbett, 2015 ONCA 110 [114] In my view, the improper use of the surveillance evidence gave rise to a form of trial by ambush. This came about because the trial judge did not require the defence to comply with the Rules in relation to the disclosure of the surveillance evidence and the provision of particulars. The trial judge did not exclude the surveillance evidence…
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    Florida Estate Planning Lawyer Blog

  • 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…
  • Why Not to Name Kids as a Beneficiary of your IRA

    David M. Goldman
    11 Dec 2014 | 2:18 am
    If you have been told, don’t worry about your IRA it is protected because Florida has statutory protections for IRAs, you may have misunderstood or been mislead. While Florida does have statutory protection for inherited IRA’s, this protection only applies if your beneficiaries are residents of Florida at the time of your death. Why take a chance with naming individuals as a beneficiary of your IRA. A properly designed trust should be the beneficiary of your IRA to protect the proceeds from the creditors of your beneficiaries at the time of your death. In June of this year, the US…
  • Estate Planning and Florida Homestead Protections

    David M. Goldman
    17 Nov 2014 | 5:31 am
    In Florida, the primary residence is often protected by the Florida constitutional homestead protections. While in many other states, a persons homestead is not protected from creditors and can be lost to claims for Medicaid reimbursement, this is not the case in Florida. The only creditors that can make a claim against the home are those that do something with the home. These may include a roofer or the bank which financed the home. If you or a spouse needs nursing home case, selling the home can place that asset or the money received from the sale at risk to creditors as well as Medicaid…
  • What is the iPug™ Trust Your Family’s New Best Friend

    David M. Goldman
    12 Nov 2014 | 7:55 am
    We often get asked about the iPug™ Trust and how it can be so different than a traditional revocable trust or a standard irrevocable trust. The iPug™ takes the best parts of an irrevocable trust and mixes them with the best parts of a revocable trust to create a new type of irrevocable trust where you are in control and can make changes to the beneficiaries and management of the trust just like you can with a revocable trust. Why Do People Love iPug™? Because iPug™ Protects You and Your Family From: Lawsuits Nursing Homes Those that want to take away what you worked hard for.
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    Native American Legal Update

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

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

  • Which Was Dumber–Trash-Talking Tweeting, Or The Decision To Prosecute For It?

    Venkat Balasubramani
    25 Feb 2015 | 10:07 am
    Robert Metzinger made the following four tweets during the 2013 World Series in St. Louis: Going to be tailgating with a #PressureCooker during games 3-4-5 in #STL during #WorldSeries. #STLStrong #GoCards #postseason from Springfield, MO. Putting my loft up for ridiculous “Boston-only” rate on @airbnb for the #WorldSeries. Pressure cooker sold separately. The #WorldSeries will be another finish line not crossed by #Boston. Listening to the Offspring’s “Bad Habit”*  and the lyrics just ring true of what will go down very soon. [* the song “contained lyrics about violence, with…
  • Blogiversary Bonus! A Video Interview About the Blog

    Eric Goldman
    25 Feb 2015 | 8:42 am
    Photo credit: Gold 10th 3d Number // ShutterStockEarlier this month, we celebrated the blog’s 10 year anniversary. In preparation for the anniversary, my RA Addam suggested making a video to help celebrate. After all, we don’t normally generate video content, so I thought it might be fun to experiment with communicating with everyone via a different medium. Alas, we didn’t quite complete the video done in time for the anniversary. Still, I’m happy to share this video where Addam and I talk for a half-hour about the blog, how we do what we do, and what blogging has…
  • The “Browsewrap”/”Clickwrap” Distinction Is Falling Apart

    Venkat Balasubramani
    24 Feb 2015 | 10:00 am
    It is somewhat surprising that, in 2015, courts are still hashing out online consumer contract formation issues. After all, the seminal case, Specht v. Netscape, was decided over a dozen years ago. Yet, a few recent cases show that companies often don’t get the contracting process right. In all or most of these cases, the companies are trying to push the disputes into arbitration (on an individual, rather than a class-wide basis). So the result of a flawed contract formation often means that a company has to litigate a claim in court rather than a more convenient and less expensive…
  • Catching Up on Section 230 Cases From the Past 18 Months

    Eric Goldman
    19 Feb 2015 | 9:01 am
    Photo credit: enameled house number two hundred and thirty // ShutterStockI try to blog every Section 230 case I see. However, over the past year and a half, I’ve collected a few Section 230 cases that I had hoped to blog but that fell through the cracks for one reason or another. So here’s a “quick” survey of some of the Section 230 cases that I’ve backlogged: Obado v. Magedson, 2014 WL 3778261 (D. N.J. July 31, 2014). The Complaint. (citations omitted) Even though it’s a pro se case, this is a pretty significant Section 230 ruling, and it deserved its own…
  • ‘Deactivated’ Facebook Account Is Discoverable In Litigation (Forbes Cross-Post)

    Eric Goldman
    17 Feb 2015 | 7:59 am
    Gil C / Shutterstock.comBrannon Crowe injured his knee. He says it happened at work, so he sued his employer. Based on a Facebook message Crowe allegedly sent to a friend, his employer thinks Crowe suffered the injury on a personal fishing trip. The opinion doesn’t explain how the employer obtained that message, but it made the employer curious what other goodies might be in Crowe’s Facebook account. The employer asked Crowe to produce an “unredacted, unedited digital copy of [his] entire Facebook page from the onset of [his] employment with Marquette until present.”…
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    Brent Britton

  • Five Ways to Desuckify Internet Advertising

    12 Feb 2015 | 12:25 pm
    The other day I surfed a car company’s website. Then I bought a car from that company. Nice and neat. I’m happy. They’re happy. Ever since then, however, everywhere I go on the web, I am getting served up ads from that very company for that very car. The one I already bought. Whataminute. What? I think it is safe to say I am the last person who is likely to buy that car in the short term. Because, you see, there is a shiny new one in my garage. I am out of the market for a couple years. I am the worst person to see car ads. Seeing ads for that car, every single day, on every site I…
  • All “A Board” — The Difference between Directors and Advisors

    25 Sep 2014 | 8:36 am
    If you’re an entrepreneuryou’ve probably been told that your company needs a good board. You may have overheard other entrepreneurs speak — perhaps boastfully, perhaps resentfully — about their powerful or active (or activist) boards.  But what kind of thing is this board of which everyone speaks? It is probably one of two things: a Board of Directors or a Board of Advisors. And they are two very different things. In short: The Board of Directors oversees the CEO and sets the company’s overall direction; its members are elected by an annual vote of the company’s stockholders. The…
  • Embaggen the cat, or let it out? (to NDA or not to NDA)

    11 Aug 2014 | 8:39 am
    When first conceiving of a new startup idea, lots of entrepreneurs experience a measure of paranoia about it and start demanding that everyone with whom they discuss it sign a nondisclosure agreement (NDA). My opinion is: Don’t use an NDA until you must in order to protect highly sensitive, non-public information. NDA’s protect actual secrets, not things anyone can just look up online or read about in the news. Once you’ve written some key code or developed a secret sauce that no one else has thought of, then consider assaulting people with an NDA, but not before. It turns…
  • The Company You Keep

    13 Nov 2013 | 7:32 am
    With few exceptions, all business should be conducted from within a company that is properly formed and organized as a corporation, a limited liability company (LLC), a limited partnership (LP) or the like. Why? Four basic reasons: a. Asset Protection. Deservedly or not, almost all businesses get sued. Forming a company around the business can shield the owners’ personal assets (and other business interests) from being attached to satisfy the company’s liabilities. b. Asset Creation. A “d/b/a” does not a company make. If you’re doing business without a company,…
  • Bi-polar IP Strategy for Startups: Protect What You Can, then Tell Everyone

    8 Aug 2013 | 8:02 am
    If you’re starting a company, you may wish to begin in stealth mode, keeping your business idea and plans secret for a little while. During this stealth phase, consider doing the following to protect your intellectual property: Think of a name for the company. Do a trademark search before you form a company. If it’s clean, form your company with that name and file a federal trademark application at the USPTO. Also file a state trademark application in your state. If you think you’ve invented something that’s never been done before, file a provisional patent on your…
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    The Securities Law Blog

  • Stifel Confirms Acquisition of Sterne Agee

    24 Feb 2015 | 7:00 am
    After weeks of speculation, St. Louis-based Stifel Financial announced it has entered a definitive merger agreement to acquire Birmingham's Sterne Agee Group Inc. in a $150 million deal. Sterne Agee brings 730 financial advisers and independent representatives that manage more than $20 billion in client assets.For more information, see St.Louis-based Stifel Financial to acquire Sterne Agee
  • With 100% Success Rate, SEC's Use of In-House Judges Questioned by Commissioner Piwowar

    23 Feb 2015 | 6:53 am
    The SEC's increased use of administrative proceedings as the forum for its enforcement actions has come under fire in recent months, with many of the respondents in those cases filing lawsuits arguing (unsuccessfully) that administrative proceedings are actually unconstitutional.In a speech on Friday SEC Commissioner Michael Piwowar acknowledged that as a matter of "fairness," the SEC should draft guidelines to establish "which cases are brought in administrative proceedings and which in federal courts."For more information, go to SEC's Piwowar Seeks Guidelines Governing When SEC Will Bring…
  • SEC Commissioner Agrees - FINRA's CARDS Proposal is Nuts

    13 Feb 2015 | 8:31 am
    FINRA, a non-governmental, private entity, is pushing to force brokerage firms to deliver details of every transaction in every brokerage account, including yours, to it, every day.  The concept, known as CARDS, is simply mind boggling. FINRA already has access to trade data of every trade done every day, and if is so desired, it could have it in real time, for every transaction on every exchange.FINRA also has the ability to compel brokerage firms to provide data on any transaction, any account, at any time.Commissioner Piwowar called the CARDS program a solution in search of a problem. And…
  • SEC News - Unregistered Stock, Insider Trading Charges, Accounting Violations

    12 Feb 2015 | 6:01 am
    Stock-Based Lender Charged With Selling Billions of Penny Stock Shares as Unregistered Broker-DealerA Chicago-area company that provides stock loans using equities as collateral, its two co-founders, and its former chief operating officer have been charged with selling more than nine billion shares of penny stocks through purported stock-based loans, block trades, and other transactions without registering with the SEC as a broker-dealer as required under the federal securities lawsFour Charged in California Insider Trading RingA stock research analyst, a corporate insider, and two others…
  • FINRA Proposes Increased Adjournment Fees for Arbitration

    7 Feb 2015 | 5:11 am
    FINRA is filing a proposed rule change to amend Rules 12214, 12601, 13124 and 13601 to require that parties give more advance notice before cancelling or postponing a hearing, or be assessed a higher late cancellation fee if such notice is not provided.For more information, go to SR-FINRA-2015-003 - FINRAThe attorneys at Sallah Astarita & Cox include veteran securities litigators and former SEC Enforcement Attorneys. We have decades of experience in securities arbitration, having represented parties in well over 750 arbitrations, nationwide. For more information call 212-509-6544 or send…
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    New Jersey Attorney Law Review Blog

  • Tenant’s Rights Under New Jersey Foreclosure Fairness Act

    Glenn R. Reiser
    12 Feb 2015 | 7:27 pm
    Tenant’s Rights Under New Jersey Foreclosure Fairness Act
  • NJ Open Public Records Act Mandates Disclosure of Police Records

    Glenn R. Reiser
    20 Jan 2015 | 4:16 am
     In a written opinion issued on January 12, 2015 Bergen County Assignment Judge Peter E. Doyne ordered that the State of New Jersey and several townships comply with public records requests made by North Jersey Media Group, the owner of The Record newspaper, concerning an incident that resulted in police officers shooting and killing an African American suspected of participating in vehicle theft and eluding police. North Jersey Media Group, Inc. v. Township of Lyndhurst, et al., Superior Court of New Jersey, Law Division, Docket No.: BER-L19048-14.Read more. 
  • New Jersey Appeals Court Reaffirms Factors Establishing Corporate Successor Liability Under New Jersey Law

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

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

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

  • Lien Waivers Should Be Fair — And Efficient

    Christopher G. Hill
    13 Feb 2015 | 6:11 am
    This week for our Guest Post Friday here at Construction Law Musings, we welcome back my good friend Scott Wolfe. Scott, a thought leader in the construction industry, combines his construction background, tech experience, entrepreneurial spirit, and legal education to bring a unique perspective to the industry’s construction payment problem. Scott is the founder of zlien, a venture-backed construction payment platform. A licensed attorney in six states, his writing has appeared in the New York Times, CFMA’s Building Profits, Supply House Times, Construction Executive, and tED Magazine.
  • Communicate Right: Communicate and Write

    Christopher G. Hill
    9 Feb 2015 | 6:51 am
    Originally posted 2014-08-01 09:00:16. Republished by Blog Post PromoterFor this week’s Guest Post Friday, we welcome back Melissa Dewey Brumback.  Melissa is a North Carolina construction lawyer and a partner at Ragsdale Liggett in Raleigh. She mostly represents architects and engineers in construction-related lawsuits. She also guides owners, developers, general contractors, and designers in drafting effective, efficient contract documents to minimize risk before projects commence. She can be reached at her blog,, at, or at 919-881-2214.
  • Where Construction Law Musings Asks for Your Vote

    Christopher G. Hill
    9 Feb 2015 | 6:51 am
    Each year, Mark Buckshon of the Construction Marketing Ideas blog (one that contains a great amount of wonderful information, by the way), hosts a Best Construction Blog contest. This little corner of the blawgosphere has been nominated for the 2015 competition. Mark has kindly said a few words about Construction Law Musings to give you a taste of what others may think about this construction law blog. I am particularly proud to have been nominated among the great group of blogs that range from marketing to engineering and, yes, construction law.  Among the nominees are the follow worthy…
  • Flying Solo: How it Helps My Construction Clients

    Christopher G. Hill
    6 Feb 2015 | 6:37 am
    Originally posted 2013-02-18 11:17:31. Republished by Blog Post PromoterUncyclopedia dispute resolution (Photo credit: Wikipedia) Two and a half years ago, on July 1, 2010, I opened my solo practice.  At the time, I really had no insight into how big this change would be from a positive, customer service, perspective. When I made the decision to go solo with my construction law practice, I knew I wanted to have flexibility to serve my client base of contractors and subcontractors in Virginia.  I started some flat rate billing and had the ability to take cases that were below the dollar…
  • Anatomy of a Construction Dispute- A Wrap Up

    Christopher G. Hill
    6 Feb 2015 | 6:37 am
    Under construction (Photo credit: Wikipedia) Over the past four weeks, I’ve “mused” on the “stages” of a construction dispute.  What started as a kernel of thought in my mind turned into what has seemed to be a popular set of four posts that I hope were both informative and interesting.  Because of the great feedback I’ve gotten, I thought that I’d consolidate the posts into one so that my readers (thank you, by the way) will have them all in one place.  Here they are: The Anatomy of a Construction Dispute- The Claim- This post discussed the steps…
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    CAFA Law Blog

  • South Florida Wellness, Inc. v. Allstate Ins. Co., 2014 WL 576111 (11th Cir. Feb. 14, 2014) (McGlinchey Stafford PLLC)
    24 Feb 2015 | 3:00 am
    South Florida Wellness, Inc. v. Allstate Ins. Co., 2014 WL 576111 (11th Cir. Feb. 14, 2014). In this action, where a health care provider merely sought a declaration that the insurance policy did not clearly state that the defendant would limit the statutory fee, the U.S. Eleventh Circuit Court of Appeals held that such a declaration would only open doors to insureds to seek damages from the insurance company far exceeding the amount-in-controversy threshold.  Accordingly, the Eleventh Circuit directed the District Court to retain federal jurisdiction over the action. The plaintiff, a…
  • Jurisdiction under CAFA Denied Because the Defendant Suffered From Foot in Mouth Disease (McGlinchey Stafford PLLC)
    23 Feb 2015 | 3:00 am
    Aparicio v. Abercrombie & Fitch Stores, Inc., 2014 WL 545795 (C.D. Cal. Feb. 10, 2014). A District Court in California remanded the case to the state court finding that the plaintiff relied on the defendant’s data to reach her settlement demand for $16 million; whereas the defendant refuted that it ever produced such a data.  Because the defendant refuted the sole reason for the plaintiff’s amount-in-controversy calculation, the District Court remanded the case. The plaintiff, Jessica Aparicio, filed this putative class action in the state court against the defendant Abercombie &…
  • Hart v. Rick’s NY Cabaret Intern., Inc., 2014 WL 301357 (S.D.N.Y. Jan. 28, 2014) (McGlinchey Stafford PLLC)
    20 Feb 2015 | 3:00 am
    Hart v. Rick’s NY Cabaret Intern., Inc., 2014 WL 301357 (S.D.N.Y. Jan. 28, 2014). In an action asserting Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”) claims, the District Court found that, despite the FLSA claims, it had jurisdiction over NYLL claims, because the plaintiffs had sufficiently established the requirements under CAFA. Exotic dancers brought a collective action under FLSA and a putative class action under the NYLL against an adult entertainment club owner and two corporate parents.  The District Court advised counsel that it was weighing whether to…
  • Alexandra D. Lahav, Symmetry and Class Action Litigation, 60 UCLA L. Rev. 1494 (Aug. 2013) (McGlinchey Stafford PLLC)
    19 Feb 2015 | 3:00 am
    Alexandra D. Lahav, Symmetry and Class Action Litigation, 60 UCLA L. Rev. 1494 (Aug. 2013). In her article, Alexandra D. Lahav, a Professor of Law at the University of Connecticut, discusses the resources that parties often have to devote to their lawsuit in terms of both human as well as financial capital, the effect of such resources on lawsuits, and the impact of such resources on class actions. The question that Lahav aims to answer is to what extent should procedural law take into account the resources of participants in the legal system?  Lahav notes that the assumption in the United…
  • Ullman v. Safeway Ins. Co., 2013 WL 7141522 (D.N.M. Dec. 31, 2013) (McGlinchey Stafford PLLC)
    18 Feb 2015 | 3:00 am
    Ullman v. Safeway Ins. Co., 2013 WL 7141522 (D.N.M. Dec. 31, 2013). In a personal injury action, the District Court ruled that diversity jurisdiction asserted by the insurance company could not be satisfied and remanded the case to the state court. The plaintiff, an insured in an automobile accident, filed a putative class action in the state court alleging that the insurer did not adequately inform her of her options to purchase uninsured/underinsured motorist (UM/UIM) coverage or obtain waiver of UM/UIM coverage equal to limits of liability coverage or waiver of stacking UM/UIM coverage. …
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    Lowering the Bar

  • Twitter Takedown of Scottish Scam [Updated]

    26 Feb 2015 | 5:00 am
    Scottish lawyer Malcolm Combe recently posted this tale about a promoted tweet gone wrong. He and several other lawyers went after a company called Highland Titles, which was making this offer: For just 30 quid, it would appear, you can buy a small piece of land and declare yourself nobility! Oh dear. Highland Titles tweeted back, insisting that its business plan was legal and that he didn't know what he was talking about. They were hearing from one already, it turns out, but since they weren't happy with his opinion, he went out and got some backup: Further backup also included a law…
  • Caption Contest Results

    24 Feb 2015 | 2:52 pm
    Lots of great suggestions for the caption contest, but I'm going to go with this one: "The Department is extremely grateful to this Bozo for coming forward and identifying the 29 other people in his vehicle at the time of the drive-by." Congratulations to Michael Winters, to whom I will be sending a free book if he still wants one and will email me his address. Runners-Up Should the winner be unable to perform his duties, not that they are all that complicated, as noted above, the runners-up will be notified and may then choose to claim the book with said notification to occur in the…
  • Followup to the Camera-Comment Controversy

    24 Feb 2015 | 11:21 am
    Here's an update to yesterday's item on the Idaho legislator who asked whether a swallowed camera could be used for a gynecological exam. This clip from a local news report (thanks, J) includes some video from the hearing in question, although sadly the camera stays on Rep. Barbieri during the awkward silence:   So, here's what happened. This was a hearing on Idaho HB 154, which would make it illegal for doctors to prescribe chemical-abortion/day-after pills (choose your label) unless they do so in person. Apparently this is sometimes done after counseling and diagnosis via…
  • Male Legislator Asks If Swallowed Camera Could Be Used for Gynecology

    23 Feb 2015 | 3:19 pm
    This has stunned me into a near-silence so I'm going to rely mostly on the Associated Press (thanks, Adam): BOISE, Idaho — An Idaho lawmaker received a brief lesson on female anatomy after asking if a woman can swallow a small camera for doctors to conduct a remote gynecological exam. The question Monday from Republican Rep. Vito Barbieri came as the House State Affairs Committee heard nearly three hours of testimony on a bill that would ban doctors from prescribing abortion-inducing medication through telemedicine. Dr. Julie Madsen was testifying in opposition to the bill when Barbieri…
  • FYI, the Secretary of the Treasury is Not "Moe Money"

    23 Feb 2015 | 5:30 am
    You might not be able to name the Secretary of the Treasury, but you probably know it isn't "Moe Money." Nor does the United States have a cabinet-level officer, or one at any level, actually, whose title is "Proprietor of the Counterfeiting," which is what it says there under the signature. The Charlotte Observer reported last month that a 19-year-old student had been arrested after trying to use this bill to buy a gift card. Police then found almost $13,000 in counterfeit money in her dorm room, some of which were even worse than this one. The signature and title are pretty small and might…
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    Ohio Family Law Blog

  • Divorce Representation Without A Lawyer On The Rise

    Robert L. Mues
    21 Feb 2015 | 1:24 am
    Representing Yourself in a Divorce? No Way! Why Retaining Legal Counsel Is Worth It! Courtrooms all across the country are seeing an increase in the number of unrepresented parties on their dockets.  Whether it’s due to the failing economy, the rise in popularity of television shows such as “Judge Judy” which encourage the legal “do it yourself” attitude, or perhaps the belief that the courts will take it easy on those who represent themselves…the amount of people trying to navigate their way through the legal system without a lawyer is on the rise. While it is easy, (and perhaps…
  • Here’s What Functioning Marriages Have in Common

    Guest Contributor Gregory Ramey, PhD, Child Psychologist and Dayton Daily News Columnist
    14 Feb 2015 | 1:25 am
    I’m often asked if it’s difficult being a psychologist and listening to kids’ problems all day. I enjoy that part of the job, because it’s fun helping young people make positive changes. It’s a lot tougher listening to parents discuss their troubled marriages. These are often narratives of lives of quiet desperation and unfulfilled dreams. Here’s what great marriages have in common. Communicate. Partners in great relationships freely talk about their hopes, feelings, fears and dreams. They are responsive to their spouse’s styles and adjust accordingly. When problems occur, they…
  • Military Custody Law Update For Deployed Members

    Thomas G. Kopacz
    7 Feb 2015 | 1:05 am
    Congress Passes Law Affording Military Custody Protection to Our Deployed Servicemembers Deployment Can No Longer Be Held Against Military Parent In Child Custody Disputes Left to Right: Lt. Eva Slusher, her daughter Sara Slusher and Mike Turner For 8 years, Michael R. Turner, R.-Ohio, has been calling for Congress to afford its military members child custody protection while deployed; it appears they finally listened. In February 2010 and February 2011, Anne Shale posted articles entitled, “They Fight for America and Upon Return Must Fight for Their Children” and “BREAKING NEWS:…
  • Revenge Porn Laws Enacted In Many States Except Ohio

    Robert L. Mues
    31 Jan 2015 | 12:56 am
    Groups Push To Outlaw Revenge Porn Facebook Hit With Civil Lawsuit Over Revenge Porn In today’s ever connected world, what was once private often becomes public. Most individuals almost certainly have a smart phone camera or tablet device with a camera at their fingertips at any time.  This increase in accessibility coupled with the desire to photograph anything and everything has turned often daily tasks into internet posts.  This is all well and fun when it comes to photographing your dinner, your adventures and travels, and most often, your pets. Things can turn ugly though when this…
  • Divorce Filings Spike in January by One-Third

    Robert L. Mues
    24 Jan 2015 | 12:33 am
    January Is Often Called Divorce Month Recent UK Study Claims One In Five Will Divorce After Holidays The first of the year is the time that many unhappy couples who are reluctant to break up the family during the holidays officially start their divorces. January is often called the “divorce month.” This trend occurs not only in the United States but in the UK and abroad as well. According to a recent study in England one in five couples had plans to divorce after the holidays. James McLaren, President of the American Academy of Matrimonial Lawyers, recently said, “we see a…
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    3 Geeks and a Law Blog

  • 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…
  • Ok, now you've saved us money. Can you make us some too?

    6 Feb 2015 | 7:03 pm
    Over the past few years, there's been a lot of discussion about the value of the Law Firm Librarian (aka Research Analyst).   I've written on the subject (here and here) as have others (here, here, here and here). Most of the discussion concerns the expense side of the equation.  But it occurred to me that this analysis can only get you so far.  It's revenue that can turn a cost center into a profit center. Let's face it, Law Firms are in the business of making money and profit is a powerful argument when it comes to justifying your existence. How can we affect revenue?
  • Stupid A.I.

    29 Jan 2015 | 3:00 pm
    WaaS Since IBM is in the news this week for all the wrong reasons, I thought I would take a look at their marquee product...The latest Wonder of the Modern World...The Trebuchet that threw Alex Trebek... The Future Savior of the Legal Profession... of course, I am referring to Watson AI. A couple of months ago IBM announced that they were starting up Watson as a Service, they call it Watson Analytics, but I prefer WaaS.  ('Cuz you know some IBM marketing people totally bounced that one around for awhile before settling on the boring name. Probably dropped it because it sounded too much…
  • Why Mega Firms Will Win

    28 Jan 2015 | 3:00 pm
    A few recent news posts have changed my thinking about the future of mega firms. This thinking was also influenced by knowledge from colleagues working with some of the big ones. Which mean this is one of my usual puzzle-piece ideas, but I think I may be on to something here. Previously I have ranted about how these mega firms may not do well. Too many ethical conflicts, cultural conflicts and too few incentives to cross sell across the various components of each firm are significant barriers to success. However, I think they have one, more interesting asset. By being large, these firms can…
  • Lexis Gains Exclusive Legal Information Provider Status of The New York Times

    9 Jan 2015 | 9:27 am
    LexisNexis representatives are sending out notices that they are now the exclusive provider of The New York Times content for the legal market. For those of you that are keeping score, this adds to LexisNexis' exclusive content with Factiva (which includes The Wall Street Journal and Dow Jones News Service), and ALM content. It would seem that LexisNexis is doubling-down on the news content area. Here is the message that went out earlier today. LexisNexis® is now the exclusive legal information provider of The New York Times® content to the legal market! This agreement extends…
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    The High-touch Legal Services® Blog...for Startups!

  • Why do legal documents use Shall rather than Will?

    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

    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

    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…
  • Should I Form Separate Legal Entities for Different Lines of Business?

    23 Dec 2014 | 5:26 pm
    This post discusses whether one should form separate legal entities (corporations or limited liability companies) for different lines of business. I am writing this post because I have seen this type of question online many times. The most recent occurrence was on Avvo. See Should I set up a subdivision or have a LLC or corporation own another LLC? Separate Legal Entities Protect Different Businesses The most important reason to form separate legal entities is to ensure that failure of one business will not bring down another business. Assume, for example, that one line of business incurs a…
  • How to Dissolve a Delaware Corporation or LLC

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

  • One Killing that Didn't Happen and One Killing that Won't

    25 Feb 2015 | 7:21 pm
    First to Georgia where the Board of Pardons and Paroles said it reviewed the record and the pleas from lawyers and 21 witnesses.  And then offered Kelly Gissendaner the finger.Die, bitch! Fuck you!Which would seem to have ended things since the courts were out of it by then and the governor has no clemency power.  And so at 7 this evening, Kelly would be killed.Except what the Governor can't and the Pardon & Parole folk won't . . . .It seems there's snow in the Peach Tree State.  AP explains the problemJackson [where the killin's to happen] is on the southern fringe of…
  • For a Chance To Chat

    25 Feb 2015 | 4:51 am
    It was February 1997 when Doug Gissendaner was found stabbed repeatedly, murdered, in a remote wooded area of Georgia, about a mile from where his car was recovered.He'd been missing for a week.Gregory Owen pleaded guilty to the murder. But he was, according to the prosecutors, just the instrument.  All he did was kill.  The, er, mastermind was Kelly Gissendaner, Doug's wife.  She and Owen were having an affair.  He wanted her to divorce Doug.  She wanted Owen to kill him.  Greg's doing life.  Kelly's on death row.  She's to be killed today.
  • Maybe They Won't Kill This Innocent Guy

    24 Feb 2015 | 5:02 am
    Rodney Reed, almost certainly did not rape and murder Stacey Stites that April day in 1996, just three weeks before her wedding to Jimmy Lewis Fennell, Jr.  As a factoid, that's not particularly interesting either way you look at it.  After all, there are billions of people who certainly did not rape and murder her, and there are billions of people Rodney Reed certainly did not rape and murder.  But factoids arise in context, and the context is that Reed is on death row for killing Stites.  And Texas has been planning to kill him, in return, next week.Which, as I say,…
  • January 12, 2017 - By Means Unknown

    19 Feb 2015 | 8:15 pm
    Peter Copas died on September 10, 1997. He was in prison. He'd been moved into the cell of one James Galen Hanna, who didn't want him there. Copas was, Hanna said, a pain Get him out of here, Hanna said. Before that could happen, Hanna stabbed him and smashed his head in.For killing Copas, Hanna was sentenced to be killed himself. Let the punishment fit be the crime.Life for life, Eye for eye, tooth for tooth, hand for hand, foot for foot, Burning for burning, wound for wound, stripe for stripeExodus 21: 23-25.Of course, we don't do that - except for life. Sixteen months ago, October 22,…
  • An Adversary System Without Adversaries

    19 Feb 2015 | 5:09 am
    It's a ritual, played out with slight variations in appellate courts throughout the country every day. We get out turn, they get theirs.  From the back and forth, after hearing and considering both sides, out of the conflict, comes what passes for justice.  It's how the system, imperfect though nobody's figured out a better one, works.  In the words of a 1969 opinion by the Ohio Supremes (and probably most other courts at one time or another),Ours is an adversary system of jurisprudence.And so, there was a death penalty case in the Ohio Supreme Court.  As counsel do, we…
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  • Naked Cowgirl Sues NYC

    25 Feb 2015 | 11:31 am
    What do you do when the city you love—the city you “rebuilt” arrests you? You sue, of course. Sandy Kane, the Naked Cowgirl of Times Square, is suing the city for wrongful arrest, to the tune of $2 million. Well, that should keep her off the streets for a while. 52-year old Kane is no […]
  • Week Adjourned: 2.20.15 – Caliber Collision, Payless, Actos

    21 Feb 2015 | 12:25 pm
    Top Class Action Lawsuits Fix my Ride! A California collision repairs chain has reportedly been tinkering with California labor law according to a class action lawsuit filed against it this week. Caliber Collision is being sued by its mechanics who allege they were not paid for all the hours they worked. Heard this before? Filed […]
  • Lawsuit: My Left Shark…Your Left Shark? Or Katy Perry’s?

    17 Feb 2015 | 1:31 pm
    Costume capers and the dancing “Left Shark”—ringing any bells? Think Super Bowl XLIX…Kate Perry’s half time show…and those dancing sharks. What is it about Super Bowl half time shows? This year, apparently Perry’s sidekicks—the dancing sharks—weren’t groovin’ to the same tune, which led to some interesting choreography. The “Left Shark” decided to ad lib a bit—or maybe […]
  • Lawsuit: Fifty Shades of Grey Gel Misses the Big O

    11 Feb 2015 | 2:20 pm
    Spent but not exhausted… plaintiff misses “…a draining, soul-grabbing orgasm that leaves me spent and exhausted.” that 50 Shades sex gel promised.
  • Week Adjourned: 2.6.15 – Birchbox, Toyota, Bayer

    6 Feb 2015 | 1:34 pm
    The week's top class action lawsuits and settlements. Top stories include Birchbox, Toyota and Bayer.
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    Are You Reading These Posts?

  • Collaboration Is The Future of Growth

    Lance Godard
    23 Feb 2015 | 5:00 am
    Want to grow revenues, make your clients happier, and gain a competitive edge? Collaborate more with your partners, writes Heidi Gardner in When Senior Managers Won't Collaborate: Firms that are landing the highest-value work are focusing more on integrating than on acquiring specialized expertise. They’re developing and communicating a strategy that explicitly emphasizes collaboration so that partners understand that their investment in learning to combine forces is part of a broader initiative that the firm will support. [...] These firms understand that if they can serve…
  • The First Rule of Innovation: Identify Your Client's Problem. Then Solve It

    Lance Godard
    19 Feb 2015 | 7:56 am
    Looking for innovation in the legal profession? Look no further than Mark Harris, founder of Axiom Law: “The incumbent model is largely artisanal,” said Harris. “It’s perfect for novel challenges that are irreducibly complex, but it’s not necessary for the bulk of commerce.” Harris just inked a multi-year, multi-million dollar deal with a "major financial institution" to process the bank's standardized contracts governing swaps and other complicated, lengthy, and arcane agreements that generate significant regulatory and financial risk. Read Legal-Services Firm's $73…
  • Sorry Mr. Lennon - Lawyers Need To Imagine There's No Billable Hour, Too

    Lance Godard
    17 Feb 2015 | 8:56 am
    Hourly rates are starting to look a little dated, says Maria Polczynski, head of legal at Australia's Bendigo and Adelaide Bank. That's why the bank is no longer working with law firms that don't offer value-based pricing.But there's good news for the firms able to make the switch, Ms Polczynski recently told Lawyers Weekly (Resistance to value-based pricing: a failure of imagination): not only do they get to keep an important client, they can ratchet up profitability when they get the formula right:“If what you are delivering is worth a whole lot more [than the cost of your time] then we…
  • Your "To-Do" List Is Not A Strategy

    Lance Godard
    16 Feb 2015 | 10:57 am
    "Strategy is an exercise in problem solving," writes Peter Winick in Strategy Is Not the Same as Goal Setting, not the list of things you have to do to get where you're going. Of course you need to define your objectives, identify the tactics that will support your efforts, and execute, execute, execute. But if you're looking for a strategy, you must remember that "activity is [just] activity:"When a potential client tells me what their current strategy is, what I often hear is a list of activities, a description of various tactics, and a summary of how they are progressing against their…
  • It Takes More Than Good Work To Stand Out

    Lance Godard
    12 Feb 2015 | 10:01 am
    If you still believe that working hard and pleasing your clients is the only business development a lawyer needs to do, writes Cordell Parvin in In 2015, Will You Still Doing Good Work and Waiting for the Phone to Ring?, you may be stuck in the past. That's not enough anymore. Today, you must stand out:I believe that ... lawyers and law firms have to either be remarkable or create content and value that clients find remarkable. Read the post. Because 2015 is a good time for a change,
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    Rochester Bankruptcy and Debt Relief

  • Bankruptcy Fraud and Revocation of Discharge

    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

    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

    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,…
  • Bankruptcy and Judgments

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

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

  • How headlines can help you pick a jury 

    Douglas Keene
    25 Feb 2015 | 4:02 am
    CNN just ran a cover story on what they call “Southern Discomfort”. The story is all about the status of same-sex marriage in the United States and the discomfort with it, especially in the southern states.   If you are going to trial soon, it would serve you to consider whether the attitudes, values and behaviors that result in antipathy toward same-sex marriage will play for or against your specific case. The CNN story leads with two men and two women who come from very religious backgrounds and also both recently married in Alabama. CNN explains that same-sex marriage is now legal in…
  • Misremembering: Brian Williams and our  distrust in mass media

    Rita Handrich
    23 Feb 2015 | 4:02 am
    I grew up listening to the television news with (Uncle) Walter Cronkite and my dad every night. I had a morbid fascination with his recitation of the body count of soldiers in the Vietnam War and silently said his sign-off line along with him: “And that’s the way it was…” and then a repeat of the day’s date. Walter Cronkite reported the news. He had credibility and gravitas. He was a cultural icon in a more innocent time. Flash forward to the present and I have not watched the evening news with any regularity for at least two decades. There is simply no need with breaking news…
  • This and that: Knee replacements, privacy fails, and jurors  advising judges

    Douglas Keene
    20 Feb 2015 | 4:02 am
    From time to time, we bring you tidbits that we don’t want to devote a whole blog post to but still find interesting. Today we’ll cover medical devices that are not FDA approved, the belief that social media has killed privacy, and a novel experiment in which jurors help judges make sentencing decisions. You might want to make sure that medical device is FDA approved… This one is hard to believe but a non-FDA approved medical device was sold (and ostensibly used) about 18,000 times before the government shut it down. The device was the OtisKnee which was used in surgeries for knee…
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    South Florida Lawyers

  • The Problem With Surreplies -- Encapsulated in a Single Sentence!

    South Florida Lawyers
    26 Feb 2015 | 8:06 am
    The normally loquacious Magistrate Judge Goodman has managed to identify -- in a single sentence -- why surreplies are almost always a bad idea:For all practical purposes, Procaps’ sur‐reply repeats the points made in its initial opposition to Patheon’s motion for rule of reason discovery ‐‐ but does so in a more emphatic way.Bingo!
  • Let Them Eat Cake!

    26 Feb 2015 | 5:25 am
    This is a great addendum to my previous post. Cake is yummy! Cake is fun! But this issue is bigger than cake, or even the asses of those who eat too much of it.
  • The Evil Gay War on Freedom (because we hate America)

    25 Feb 2015 | 3:40 pm
     Have you heard the news? Religious freedom is under attack and it’s all because of gay marriage! Observe!In Washington, a florist (who was totally not a gay) was forced to leave Christianity and join the Church of the Flying Spaghetti Monster. A shotgun marriage, as dictated by “The Great Meatball,” to a leather dom named “Master Dave” stripped him of his last residual humility. To his shame, he learned to love "The Big Ragu.” In Oregon, a baker was coerced  into leaving her husband of nine years and marrying into a gang of polygamist biker lesbians where she was…
  • 3d DCA Watch -- Just What Aventura Needs: Two New High-Rises in the Middle of Biscayne Bay!

    South Florida Lawyers
    25 Feb 2015 | 8:34 am
    Slim pickings from the Resplendently Robed Ones this week -- let's take a look:Club Mediterranee v. Fitzpatrick:Club Med thinks an employee who was raped on their property should be bound by an arbitration clause.Nice resort you got there. Also, trial judges need to do more than a "perfunctory" Kinney analysis (but you already knew that).Two Islands v. Clarke:Does anyone in Aventura government drive around the city? How many more high-density residential projects can they build there?I guess at least two more (this one's in the middle of Biscayne Bay).Note to buyers -- get a unit on a high…
  • Fisher Island Litigation Update -- Now the Lawyers Have Their Own "Groups"!

    South Florida Lawyers
    24 Feb 2015 | 7:27 am
    Will there ever be peace on tony Fisher Island?Will the Knicks ever make it to the playoffs again?I think we know the answer to these questions:The groups are named after the lead attorneys representing them. The representatives of the Redmond Group include Patricia Redmond of Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. and Martin Russo of Gusrae Kaplan & Nusbaum, PLLC. The Zeltser Group is represented by Emanuel Zeltser of Sternik & Zeltser and Darin DiBello of DiBello & Lopez, P.A.That is so adorable!Bankruptcy lawyers with their own "groups" --just like the…
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    eLessons Learned

  • When Can Spoliation Result in an Adverse Inference Jury Instruction? Where there was an Obligation to Preserve, a Culpable State of Mind, and Destruction of Relevant Evidence.

    25 Feb 2015 | 9:46 am
    Employers should take note: erasing and taping over messages that relate to a fired employee is never a good idea. Employers who engage in this type of practice will never escape the wrath of a judge when the fired employee inevitably brings a wrongful termination. Eventually, such action catches up with the defending company and [...]
  • When are sanctions issued based on evidence destroyed during the ordinary business protocols?

    23 Feb 2015 | 6:00 am
    Companies issue laptops to their employees to be used for business purposes both in the office and at home. A company’s distributing laptops is joined with the company’s responsibility to preserve the electronically stored information (ESI) when litigation is reasonably anticipated. Every company has its own “ordinary business protocol” to be used in relation to [...]
  • Seeking Discovery Requires Specificity

    30 Jan 2015 | 6:00 am
    When lawsuits arise, litigants are usually hesitant to cooperate with their adversaries. However, this way of thinking usually does nothing more than delay the inevitable. More often than not, adversaries choose to “fight to the death” rather than work together and speed up the lengthy litigation process. Margel v. E.G.L. Gem Lab Ltd. involves a [...]
  • Will A Tangled Web of Preservation Failures Lead to Sanctions?

    28 Jan 2015 | 6:00 am
    Preserving electronic data can be a challenge for companies with multiple data centers.  However, what we have here is a failure to communicate.  The case at issue is an ERISA class action against UnumProvident. On November 26, plaintiffs’ counsel wrote to request a conference to present their request for a preservation. The court then outlined [...]
  • If You’re Looking For Approval of Computer-Assisted Review, You Found the Right Case

    26 Jan 2015 | 6:00 am
    In a case dealing with gender discrimination between female employees and a large advertising conglomerate, the plaintiffs filed claims against the defendants under Title VII of the Family and Medical Leave Act, the Equal Pay Act, the Fair Labor Standards Act, and similar New York labor laws.  After the plaintiffs objectioned to the defendants’ use [...]
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    Compliance Building

  • Dislocated in Wyoming Again

    Doug Cornelius
    24 Feb 2015 | 7:11 am
    At the fall NRS Conference, the presenter and the audience were both surprised to reveal that false addresses was a new enforcement initiative for the Securities and Exchange Commission when it came to registered investment advisers and fund managers. Two weeks ago, the SEC came out with three enforcement actions against advisers that had falsely claimed Wyoming as their primary business address. Last week, the SEC came out with a fourth. Logical Wealth Management was operated out of Massachusetts in 2002 and registered with the SEC. In 2010, with the Dodd-Frank changes to registration,…
  • Compliance Bricks and Mortar for February 20

    Doug Cornelius
    20 Feb 2015 | 6:48 am
    It’s been a tough week in Boston dealing with the historic level of snow. As of February 17, the snow depth near Boston was greater than in all but two reported locations in Alaska. It was significantly higher than the notoriously snowy states of Michigan, Wisconsin, and Minnesota. Only Buffalo, New York, had a higher snow pack. NASA’s Earth Observatory But I found a few minutes to focus on these compliance-related stories.   Feds: Employee Impersonated Firm’s President in SEC Inquiry by Bruce Carton in Compliance Week Yesterday, federal prosecutors in the Southern District…
  • Compliance Bricks and Mortar for February 13

    Doug Cornelius
    13 Feb 2015 | 5:00 am
    These are some of the compliance-related stories that recently caught my attention. The S.E.C.’s Hazy Approach to Crime and Punishment by Peter J. Henning in NY’s DealBook In Gilbert and Sullivan’s “The Mikado,” a line expresses the need “to let the punishment fit the crime.” The Securities and Exchange Commission is struggling with that notion when it decides whether to grant a waiver to an automatic bar from certain securities trading. The issue has been nagging the S.E.C. for the last year in settlements with banks and brokerage firms for violations of the…
  • Looking for Signs

    Doug Cornelius
    12 Feb 2015 | 5:35 am
    Compliance is all about looking for signs. You want signs that employees understand the rules. You want signs that mistakes are being spotted and fixed before they become bigger problems. You want signs that big problems are being smartly corrected. Those signs take many forms. You can monitor hotline calls. You can have employees repeatedly deliver affirmations. You can run forensic testing. Right now, with snow chest depth in my front yard, I’m looking for signs that spring will come. Punxsutawney Phil does little but highlight that we are stuck in the middle of winter. Today, the…
  • The Lure of Wyoming

    Doug Cornelius
    11 Feb 2015 | 5:00 am
    There is a long history of splitting financial regulatory oversight between state regulators and federal regulators. For investment advisers the split is based on Assets Under Management and Dodd-Frank raised the AUM level from $25 million to $100 million. Above that level you register with the SEC and below that level you register with the state regulator. The exception is the state of Wyoming. Wyoming is the only U.S. state that does not regulate investment advisers. So if you are an adviser in that state, you register with the SEC regardless of assets under management. The Securities and…
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    Simmons Firm

  • Shareholder Jayne Conroy Plays Major Role on Corn Litigation Plaintiff's Executive Committee

    Paul Hanly
    24 Feb 2015 | 1:23 pm
    Earlier this year, my colleague, shareholder Jayne Conroy was appointed to the Plaintiffs’ Executive Committee (PEC) for the pending multidistrict litigation (MDL) against Syngenta Seeds Inc. concerning its genetically modified corn. Farmers and farm businesses are actively filing lawsuits against Syngenta, with more than 360 filed in 20 states, so far. Jayne is playing a major role on the corn litigation Plaintiff’s Executive Committee, as additional cases are being transferred into the consolidated federal docket in Kansas City. As Jayne said in an Associated Press article, more…
  • Sneak Peak: 2015 Mesothelioma Symposium Speakers

    John A. Barnerd
    23 Feb 2015 | 6:52 am
    Set to take place on March 2 to 4 in Bethesda, MD, the 2015 International Symposium on Malignant Mesothelioma will feature a wide spectrum of mesothelioma experts and advocates. The firm is proud to again be a sponsor of this important annual event. If you are thinking about attending either in person or via the Mesothelioma Applied Research Foundation’s live stream, you may be wondering who some of the speakers will be. Here are some of the individuals who will be participating in the 2015 Symposium by speaking about mesothelioma research, asbestos exposure and more. M. Catherine Bushnell,…
  • 2015 ADAO Asbestos Awareness Conference: “Where Knowledge and Action Unite”

    Perry J. Browder
    16 Feb 2015 | 6:55 am
    Asbestos is a known carcinogen, yet it’s still used in the United States. Additionally, many people don’t understand the connection between asbestos and serious diseases like mesothelioma, or even where asbestos is used. As an advocate for asbestos victims, the Asbestos Disease Awareness Organization (ADAO) works to bring awareness through its 11th Annual International Asbestos Awareness Conference. The theme for the 2015 conference is “Where Knowledge and Action Unite”. The event will take place on April 17-19 in Washington D.C., and will feature more than 30 notable experts and…
  • 2015 International Symposium on Malignant Mesothelioma to Take Place March 2 - 4

    John A. Barnerd
    13 Feb 2015 | 6:07 am
    Even though mesothelioma is considered a rare disease, it affects thousands of people every year. Organizations like the Mesothelioma Applied Research Foundation (MARF) are dedicated to finding a cure – and they do so through events like the International Symposium on Malignant Mesothelioma. This year, the Meso Foundation’s symposium will take place on March 2 – 4 in Bethesda, Maryland. The event will be co-hosted by the National Cancer Institute (NCI) and will take place on the grounds of the National Institutes of Health (NIH). This is especially significant because the NIH is one of…
  • Questions to Ask When Choosing a Mesothelioma Lawyer

    Amy E. Garrett
    12 Feb 2015 | 6:46 am
    When searching for a mesothelioma law firm to hire, it is important to ask the right questions. The Asbestos Disease Awareness Organization (ADAO), an independent nonprofit dedicated to improving public health by preventing asbestos-related diseases and protecting the rights of asbestos victims, compiled a list of the top 10 questions to ask when hiring a mesothelioma lawyer. Mesothelioma lawsuits can help families cover medical expenses and hold companies accountable for their negligence. Working with the right law firm for your situation can ensure a smooth and positive experience. Read the…
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    Texas Wills and Trusts Law Online

  • 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,…
  • The Complexities of Intestacy in Non-Traditional Families

    Rania Combs
    4 Feb 2015 | 7:00 am
    I received a note last week that highlights the heartbreaking consequences of dying without a Will in non-traditional families. The couple had lived together for twenty-one years in a home the deceased partner had purchased before their relationship began. The deceased partner had been previously married and was survived by a child from the prior relationship. “Will his only son get it all and leave my sister out of her 21 year residence and out on the street?” the writer asked. Every state has intestacy laws, which provide an orderly way to dispose of assets when someone dies without a…
  • To Trust Or Not To Trust

    Rania Combs
    28 Jan 2015 | 7:00 am
    Last Christmas, the only thing on my older children’s Christmas list was a laptop computer. As they have gotten older, school assignments have increasingly required access to one. Teachers post assignments online. Many assignments are done online, or require essays that need to be typed. So, when my dad asked what my children wanted for Christmas, I mentioned the laptop. “Great,” he said. “Just get them what they want, and I’ll pay for it.” They chose their computer, all the while knowing that it was a gift from their Grandpapa. It brought my dad great pleasure knowing that he had…
  • Can a Convicted Felon be an Executor in Texas?

    Rania Combs
    21 Jan 2015 | 6:00 am
    I received a email recently from someone asking whether a convicted felon can serve as an executor in Texas. The individual who contacted me had two daughters and one son, but didn’t trust his daughters to be fair and honest. Unfortunately, his son had been convicted of a felony. Section 304.003 of the Texas Estates Code concerns persons disqualified to serve as an executor or administrator in Texas. It provides that a person is not qualified to serve if he or she is: Incapacitated; A felon convicted under the laws of the United States or of any state of the United States unless, in…
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  • You Deserve Faster Internet, Phone Companies Want to Block Change by Law

    Dave Wieneke
    9 Feb 2015 | 2:07 am
    I’m interrupting my newsy blog posts with a simple request. If you like the Intenet, please read this. Imagine having affordable Internet access that is 50-100 times faster than what today is the national average. This is already normal in a number of other developed countries, and and could soon be a reality in the US. Except for efforts by the phone and cable companies to enact laws to prevent choices in what Harvard Law School’s Susan Crawford calls local monopolies. I’m Dave, I used to fight to make the Internet fast.Before I started helping organizations get their…
  • Nationwide Insurance Becomes a Meme for Ham Handed Super Bowl Ads

    Dave Wieneke
    2 Feb 2015 | 6:11 am
    As is true with Vegas, so too Super Bowl Advertising.  The odds favor the house, especially when ego is in play, and when people at the the table for the first time. Last night Nationwide Insurance lost badly the the house. Nationwide insurance ran an ad that children die of preventable accidents couldn’t have been worse placed without being a parody. The sad thing is their long form ad (not aired on the Bowl) got it right. The Bowl ad focused on a sweet child recounting the many things he won’t do, because he died in an accident. Nationwide’s insurance really doesn’t…
  • Squaring Budweiser’s Bordello with Clydesdales and a Lost Puppy

    Dave Wieneke
    1 Feb 2015 | 10:43 am
    Perhaps the biggest winner in the free media coverage of Super Bowl advertising has been the continuation of Budweiser’s “Puppy Love” spot from last year, in this year’s “Lost Dog” ad. Dozens of soft news stories have previewed it, helping it to draw 18 million YouTube views since its release last week. This bordello’s for you Yet, the same brand that sponsor’s clydesdales helping lost puppies also sponsors a Budweiser branded room and hot tub at Sheri’s Ranch, a legal bordello in Nevada. Sheri’s boasts this makes them the only bordello to have earned corporate…
  • The Erosive Simplicity of College Rankings: Meet America’s ‘Worst College’

    Dave Wieneke
    19 Jan 2015 | 6:51 pm
    Shimer may be unlike any college you’ve ever heard of. Its students read a canon of original source texts based on the Great Books of western thought. They make sense of them through mostly self-led discussions facilitated by the lectureless questioning by professors. The place is self-governed by an assembly of all students and other stakeholders. In the increasingly productized world of higher education, professors at Shimer joke that it is somewhere between reality and utopia. This week, Shimer, my alma mater, was named ‘worst college in America’. Though it is perennially…
  • Boston Hosting the Olympics is Like Winning a Beauty Contest in Prison

    Dave Wieneke
    11 Jan 2015 | 6:05 pm
    I’m from Boston. Since my city calls itself “the Athens of America”, I understand that the call of hosting the Olympics is hard to resist. Its another chance to be an example as a “City on a Hill.” Another moment to feel like the “Hub of the Solar System”. Its another chance to best New York in a contest.   But this week when the US Olympic Committee named Boston its candidate to host the 2024 Summer Olympics, there was a groan that seemed either downright curmudgeonly or surprisingly informed. Olympic Hosting is Like Winning a Beauty Contest in…
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    Legally India - News for Lawyers

  • Court bans Pachauri from TERI offices stays arrest till month-end

    26 Feb 2015 | 6:57 am
    A Delhi court today granted protection from arrest until 27 March to environmentalist RK Pachauri, in a sexual harassment case.Additional Sessions Judge Raj Kumar Tripathi granted the interim protection to Pachauri while hearing his anticipatory bail application moved on health grounds.The court has directed him to neither visit the premises of The Energy and Resources Institute (TERI) nor to leave the country without permission.Pachauri, who had Tuesday stepped down as chairperson of the UN Intergovernmental Panel on Climate Change (IPCC), has denied the allegations against him but also…
  • Study at Oxford University: Scholarships for South Asian Human Rights Advocates starting September 2015

    26 Feb 2015 | 5:47 am
    The University of Oxford is pleased to announce five scholarships for candidates from developing South Asian Commonwealth countries to study for the part-time Master's in International Human Rights Law, starting September 2015.
  • Deepak Khosla writs to disbar Khaitan & Co, strip law firm names of ‘& Co’ (armed with archaic HC rules by Khaitan)

    26 Feb 2015 | 3:33 am
    Advocate Deepak Khosla has filed a writ in the Calcutta high court to get Khaitan & Co to drop “& Co” from its name and for the high court to dismiss 20 years of pending and disposed of cases in which the firm acted.
  • DSK makes (law firm cricket) history vs ELP in Mumbai Masters Cricket Cup 2015

    26 Feb 2015 | 2:46 am
    DSK Legal won against Economic Laws Practice (ELP) in the finals of the seventh ELP Masters Cricket Cup between Mumbai law firms, held on Sunday 22 February at the Police Gymkhana Cricket Ground.
  • Jaising, Vrinda Grover, others demand Pachauri's resignation from TERI in 6-page letter

    25 Feb 2015 | 6:17 am
    A number of lawyers, academics and civil society members demanded the resignation of TERI director general RK Pachauri, who has been accused of sexually harassing a colleague. He has already stepped down as chairman of the Intergovernmental Panel on Climate Change (IPCC) and taken leave from TERI In a letter addressed to the governing council of TERI, social activists like senior advocate Indira Jaising, advocate Vrinda Grover, Syeda Hameed, Kavita Krishnan, Suneeta Dhar, Pamela Philipose, Kavita Srivastava and Nivedita Menon said the accused should set “an example of exemplary…
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    Associate's Mind

  • Fixed That Law Jobs Chart

    Keith Lee
    26 Feb 2015 | 10:01 am
    Over at Lawyerist, Sam put up a post on a chart recently put out by American Lawyer: Actually, Legal Jobs Aren’t Recovering: Since legal employment bottomed out in 2009 Q4, the net gain is just about 100,000 jobs. That’s something, but with 35–40,000 new lawyers every year, it’s not nearly enough. Besides, look at that sad little hill in the red line. Firms started hiring, then apparently realized the work wasn’t coming back and laid off everyone they hired back. Then, the market went flat. For most of 2014 it looks like any new job openings must have been due to attrition, not…
  • Why Is Stealing From Legal Blogs? Part 2

    Keith Lee
    24 Feb 2015 | 9:08 am
    Yesterday I posted an overview of a website called that was content scraping a number of legal blogs. The extent to which the content scrapping occurred varied, but there were definitely multiple instances of complete posts being pulled from legal blogs’ RSS feeds and beings displayed on Matthias Klappenbach, the person behind quickly modified the functionality of, as outlined in this post at his blog: 1. I removed the iFrame which was visible to navigate to popular posts or back to when clicking on a headline. I was…
  • Why Is Stealing From Legal Blogs?

    Keith Lee
    23 Feb 2015 | 5:14 am
    2/25/2015 UPDATE: has been shuttered, as per its owner. See this post and the comments for details. The development of the internet has been a wonderful thing for publishing. More people have a platform to have their voice heard than ever before. It allows people to share their voice and broadcast their thoughts (for better or worse). When people take to the internet to consider publishing platforms, many reflexively turn to Youtube, Twitter, or some other hosted solution. That is, a platform that some other entity controls. They do so because such options are familiar or easy…
  • The Weight Of Old Things

    Keith Lee
    20 Feb 2015 | 10:05 am
    I was in the basement with my five-year old son the other day, looking for something among the boxes, furniture, and other assorted cruft that accumulates when you have a home. The basement becomes a repository of discarded or forgotten items. Things that were once important, now replaced or upgraded. The dresser you had through college. The box that your computer came in. Old clothes that are supposed to be given to charity that you never get around to donating. My son is helping me look through the boxes. That is, he’s looking for something to play with while I actually look for…
  • Why New Lawyers Should Seek Out Criticism

    Keith Lee
    17 Feb 2015 | 12:14 pm
    “Criticism may not be agreeable, but it is necessary. It fulfils the same function as pain in the human body. It calls attention to an unhealthy state of things.” – Sir Winston Churchill I was listening to Mike Cernovich’s podcast yesterday and it touched on how to tell the difference between those offering legitimate criticism and those who are just “hating.” I left a comment on the podcast, but the more I thought about it, the more I came to the conclusion that a more in-depth treatment of criticism would be a worthwhile endeavor. As a new lawyer, or a young…
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    Dangerous Drugs & Medical Devices

  • 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,…
  • Xarelto lawsuits cite studies indicating higher risk for bleeding than Bayer reports

    Jared Fink
    10 Oct 2014 | 2:19 pm
    Titled “The potential role of anticoagulant therapy for the secondary prevention of ischemic events post-acute coronary syndrome”, a piece by A.C. Camuglia et al. (published in Current Medical Research and Opinion – August, 2014) from Royal Brisbane and Women’s Hospital and the University of Queensland (Queensland , Australia) reviews the safety of an anticoagulant drug called Xarelto.  Recently, a number of studies have indicated that this blood thinner carries a higher risk for major bleeding events than others in its class. The team writes, “The use of dual antiplatelet…
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  • Actually, Legal Jobs Aren’t Recovering

    Sam Glover
    26 Feb 2015 | 8:51 am
    While the job market is recovering from the recession quite nicely (that’s the blue line), legal jobs aren’t doing quite so well, at least according to this chart from the American Lawyer. (Follow that link for an interactive version of the chart.) Related “Entry-Level Legal Job Market ‘Has Actually Been Improving for the Past Three Years'” Since legal employment bottomed out in 2009 Q4, the net gain is just about 100,000 jobs. That’s something, but with 35–40,000 new lawyers every year, it’s not nearly enough. Besides, look at that sad little hill…
  • Hiring Employees Using Craigslist

    Adam Rosenblum
    26 Feb 2015 | 4:12 am
    Craigslist currently boasts over one million new job listings each month, making it one of the largest job boards in the world. It is a popular place for employers to advertise for new employees, and it can serve you well in hiring attorneys and support staff. Anatomy of a Job Posting Craigslist allows employers to post a basic job listing that includes a description, a photo, and contact information. If you are uncomfortable using your own email in a job posting, Craigslist lets you use an anonymous email address to which prospective employees can submit their application. Craigslist will…
  • MM.LaFleur: The Best Workwear Company You’ve Never Heard Of [Sponsored]

    26 Feb 2015 | 4:11 am
    As professional women, we’ve all been there: You’re standing in front of your closet at 7am, frantically trying to devise an outfit that will take you from your first meeting, to a client lunch, to a presentation, and then to post-work drinks with friends. Your closet is full but you still feel you have “nothing to wear”—and no time to shop. Enter MM.LaFleur, an NYC-based fashion startup that is changing the sartorial game for busy professional women. Not only does MM produce luxury-quality clothing at a contemporary price point, but it also offers an insanely…
  • State Bars’ Antitrust Immunity May Not Last Much Longer

    Sam Glover
    25 Feb 2015 | 9:51 am
    Avvo General Counsel Josh King on the Supreme Court’s decision in North Carolina Board of Dental Examiners v. Federal Trade Commission: The court made no bones about it, siding with the FTC: the regulatory bodies of self-regulated professions (like dentistry and the law) only get immunity from antitrust liability if they are “actively supervised” by the State. Read Josh’s post from today, but also check out his preview of the case from last October. I’m inclined to agree with what Josh said take in his earlier post: It certainly wouldn’t be a bad thing if state…
  • Entry-Level Legal Job Market “Has Actually Been Improving for the Past Three Years”

    Sam Glover
    25 Feb 2015 | 9:24 am
    So says the NALP Executive Director: Despite the endless publicity about the poor job market for law school graduates since the recession, the entry-level legal job market has actually been improving for the past three years. The improvements have been incremental, and it is still a scrappy and competitive job market for new law school graduates, but falling law school enrollment and a strengthening economy are likely to support continuing improvements for the next few graduating classes. In some ways, the oversupply problem has begun to solve itself. According to the American Bar…
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    New York Personal Injury Law Blog

  • Trips and Falls and Expectations

    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…
  • New York Needs More Robust Anti-SLAPP Legislation (Op-Ed)

    Eric Turkewitz
    4 Feb 2015 | 12:00 pm
    This piece I wrote appears in today’s New York Law Journal. [Brackets] refer to endnotes in the original, and I’ve added some links: —————————- I’ve now been sued twice for defamation over postings I’ve made on my law blog. And you know what? It sucks. On both occasions, I was reporting on what happened in a courtroom, on cases I was not involved with either as counsel or litigant. And on both occasions judges tossed the lawsuits in the pleadings stage as the suits assaulted my right to fairly report and comment on…
  • Rakofsky Fizzles Out (updated!)

    Eric Turkewitz
    3 Feb 2015 | 11:08 am
    Joseph Rakofsky, from one of his web ads And so it ends, with a whimper. Regular readers know that I was sued — how long ago was it now? May of 2011?– along with about 80 other lawyers, law firms, media companies, and John Doe / pseudonymous defendants. The suit was brought by one Joseph Rakofsky. I was part of a group of bloggers with a joint defense — 16 writers representing 35 of the entities ultimately sued — and acted as local counsel, with Marc Randazza doing the heavy lifting. In a nutshell, as per news articles and legal filings, Rakofsky obtained a lead to a…
  • The Day Gossip Died (Updated)

    Eric Turkewitz
    26 Jan 2015 | 3:59 am
    Many strange things have happened to me as a result of this blog. I’ve been on the side of a bus, punked the New York Times in an April Fool’s gag, and found myself on the editorial page of the Wall Street Journal. But my name in boldface on the legendary Page Six of the New York Post? Me?! Get outta here! Page Six is where Paris Hilton was born. It’s where Kardashians and Lohans live. Where celebrities of all types go to die, both metaphorically and literally. It may be the nation’s top tabloid gossip column. Or so I am told. According to this Manhattan Media profile:…
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    The Probate Lawyer Blog: Famous Fortune Fights!

  • Should Caregiver of Mr. Cub, Ernie Banks, Inherit His Fortune?

    Danielle & Andy
    23 Feb 2015 | 8:27 am
    Widely beloved throughout the world of baseball, especially in Chicago, Ernie Banks -- a/k/a Mr. Cub -- rose from humble beginnings.  He began his career earning seven dollars a day in the Negro Leagues, before crossing the color barrier and becoming the Chicago Cubs’ most popular player ever.  After his playing career, Banks has been widely respected as a positive role model in baseball and beyond.  He continued to break new ground, becoming the first African-American Ford Motor Company dealer ever and being actively involved in charity work throughout his life after baseball.  In…
  • Celebrity Legacies: Marlon Brando's Estate Marred by Dozens of Lawsuits

    Danielle & Andy
    19 Feb 2015 | 8:32 am
    Unquestionably, Marlon Brando was one of the leading actors of the 20th century.  The well-known Godfather was always in firm control ... until it came to his estate that is.  This is installment #12 of our Estate Planning Lessons From The Stars series, which is based on the Celebrity Legacies TV show for which we provide commentary as the estate legal experts. See other articles in the series here. Marlon Brando never followed convention.  He won his Oscar for Best Actor in 1973 for The Godfather, but Brando rejected the award as a protest to the treatment of Native Americans by the…
  • Celebrity Legacies: Elizabeth Taylor's Estate Sets Gold Standard

    Danielle & Andy
    16 Feb 2015 | 5:45 am
    Elizabeth Taylor is known for many things: her successful acting career, recognition as perhaps the ultimate icon of Hollywood glitz and glamour, standing up as a champion for AIDS research, her popular perfume, and, of course, her string of failed marriages.  Failed nuptials aside, almost everything Liz Taylor touched turned to gold.  But what about her estate? Did she prepare her estate with the same high standards as the rest of her life? This is installment #11 of our Estate Planning Lessons From The Stars series, which is based on the Celebrity Legacies TV show for which we provide…
  • Celebrity Legacies: The Battle Over Marilyn Monroe's Iconic Legacy

    Danielle & Andy
    11 Feb 2015 | 5:29 am
    Marilyn Monroe left a legacy that seems to grow brighter each year.  Monroe's image and likeness were so valuable that a multi-million dollar lawsuit over her publicity rights raged on, more than fifty years after she died, until it was finally resolved by a federal court of appeals.  The second wife of Marilyn Monroe's acting coach was in the center of it.  Why did she -- whom Monroe barely even knew -- have control of the image and legacy of one of Hollywood's most beloved stars ever? This is installment #10 of our Estate Planning Lessons From The Stars series, which is based on the…
  • Robin Williams' Wife Dishonors His Trust Through Court Battle

    Danielle & Andy
    4 Feb 2015 | 11:33 am
    When Robin Williams tragically committed suicide six months ago, he left behind three children from his first two marriages (ages 23 to 31) and a widow of less than three years, Susan Schneider Williams. Unlike many celebrities, Robin Williams took the time to create thoughtful and detailed estate plan, including various trusts to benefit both Susan and his three children. The trust established for his wife, called the Susan Trust, referred to and was consistent with a prenuptial agreement the couple signed in 2011 when they were married.  Because Robin Williams' estate plan was carefully…
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    Planning Notes

  • 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…
  • Business Structures: The Facts & Figures

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

  • FCC Approves Net Neutrality Rules: What Does This Mean for You?

    Mark Wilson, Esq.
    26 Feb 2015 | 11:25 am
    The Federal Communications Commission just voted, 3-2, to regulate Internet service providers like Comcast and Time Warner as "common carriers" under Title II of the Communications Act of 1934. The vote caps off a period in which the FCC received an unheard-of 4 million comments to this proposal. There's been a lot of misinformation going around about what Title II regulation means for businesses and consumers. Will your Internet bill go up? Will you suddenly lose "Game of Thrones"?Here's what you need to know: What Is a Common Carrier? A "common carrier" is a business that transport things…
  • 7 Ways to Get (Most of) Your Security Deposit Returned

    Christopher Coble, Esq.
    25 Feb 2015 | 9:47 am
    The minute we fork over that lump sum at the beginning of our lease, we're worried (or we should be) about how to get a security deposit returned from a landlord. Landlords are already keeping track of the kinds of costs they can deduct from your deposit, so you should equally as diligent about getting all, or most, of your security deposit back.Here are a few tips you may want to keep in mind: 1. Inspect on Move-In. Make sure you and your landlord are on the same page with an inspection of the rental unit before you move in. That way, you both can flag possible issues and avoid conflicts…
  • Getting a Divorce? Top 3 Tax Tips to Consider

    Christopher Coble, Esq.
    23 Feb 2015 | 9:22 am
    Taxes aren't fun to think about in the best of times. And if you're going through a divorce, how such a split may affect your taxes might be the furthest from your mind. But if you're not paying attention, you could take a bigger tax hit than necessary. So here are some potential ways to protect yourself come tax season: 1. Make Sure You're Both On the Same Page. Many, if not most, divorces are more acrimonious than harmonious. The thought of communicating extensively with your ex, especially about taxes, may sound terrible now, but having a "collaborative divorce" may be beneficial down the…
  • Supreme Court Calendar: 6 Cases to Watch in February

    Christopher Coble, Esq.
    20 Feb 2015 | 9:52 am
    The U.S. Supreme Court is hearing six cases in the last week of February. The cases touch on issues including alleged religious discrimination by a clothing store, performance bonuses from courts to attorneys, and whether a firearms offender can sell his confiscated guns. If you like to keep an eye on the highest court in the land, this is what you have to look forward to: Kerry v. Din (February 23) -- Fauzia Din, a U.S. citizen, filed a visa application on behalf of her husband Kanishka Berashk that was denied under a broad provision that excludes aliens based on an array of…
  • 3 Forms Landlords May Need for Spanish-Speaking Tenants

    Christopher Coble, Esq.
    18 Feb 2015 | 8:56 am
    It's becoming a more common question: Do landlords need to give Spanish-speaking tenants Spanish-language rental documents? As the nation's population has grown more diverse, so have our legal interactions, especially between landlords and tenants. Considering the legal requirements to comply with state contract law, tenant rights, and fair housing statutes, there may be cases where landlords must supply tenants with residential lease documents in Spanish. If this applies to you, FindLaw's collection of legal forms in Spanish, available for purchase here (scroll down to "Formularios en…
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    Pennsylvania Physicians' Lawyers

  • Hospital Negotiations

    Dennis Hursh
    20 Feb 2015 | 1:52 pm
    When you have been a Pennsylvania physicians’ lawyer for as long as I have, you tend to develop a certain frustration with hospitals. In 2009 I set forth a carefully considered speculation on what rules hospitals follow when they negotiate physician employment agreements and medical practice sales agreements with Pennsylvania physicians.  (OK, it was actually a rant about negotiating with hospitals).  I would love to say that things are completely different now.  Or even much different now.  Or, maybe a little different now. Unfortunately, I think the rules I discovered as I have…
  • Will a Messenger Model IPA Work?

    Dennis Hursh
    16 Feb 2015 | 11:17 am
    In 2011, I did a post that still seems relevant today on the use of messenger model IPAs.  Here is the original post: I have seen more interest lately in formation of messenger model IPAs.  I’ve never understood the fascination with these critters. I suppose the gentle antitrust treatment leads physicians to believe that they can form a messenger model IPA, enter into contracts as a group, and be left alone by the regulators.  That is largely true. The reason that regulators tend to let these entities alone is that, if done correctly, they are completely toothless. If your…
  • Selling Your Medical Practice and Relying on the Hospital Fairies

    Dennis Hursh
    6 Feb 2015 | 1:43 pm
    Today the New York Times ran an article about “When Hospitals Buy Doctors’ Offices, and Patient Fees Soar” which  reminded me of a post I did years ago, entitled Selling your Medical Practice and Relying on the Hospital Fairies. Sadly, I think it is as relevant today as it was in 2010.  How many physicians sign physician employment agreements containing a covenant not to compete, after having sold a “worthless” practice?  Here is the original post: Few physicians believe in the Tooth Fairy. However, a surprising number of physicians seem to believe that the…
  • What Do You Do After You Have Your Physician Employment Agreement Reviewed?

    Dennis Hursh
    12 Jan 2015 | 1:50 pm
    The Written Analysis of a Physician Employment Agreement The purpose of this post isn’t to try to convince you to have your physician employment agreement reviewed by a physicians’ lawyer.  I’m assuming that you already figured out the value of having your agreement reviewed by a competent physicians lawyer, and have gotten the comments back.  If you haven’t decided whether or not to get your physician employment agreement reviewed, then there is no sense reading this until you’ve made the correct decision. Get the Maximum Benefit from the Review of Your…
  • The Bottom Line of a Covenant Not to Compete for Physicians

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

  • First Cherry Blossom

    William Carleton
    20 Feb 2015 | 7:33 am
    Wet and temperate in Seattle this morning. And look, Spring!
  • Lark & Environs

    William Carleton
    9 Feb 2015 | 10:16 am
    Interesting stuff going on at, let's call it 10th and Seneca, about a half block east of Broadway off Madison. Lark has recently moved there, and, based on one dinner experience at the new location, is as good or better than ever. There are also different spaces, and different branded food experiences, built into the lofys and crannies of the old industrial warehouse. One is called "Slab," and it will serve sandwiches from 10 to 3. Including what the menu describes as a 12 hour brisket! All this not a stone's throw from middle-America chains like Silver Cloud and IHOP.
  • One Thousand Things Worth Knowing

    William Carleton
    25 Jan 2015 | 8:08 pm
    This weekend I've read Paul Muldoon's newly published collection of poems, "One Thousand Things Worth Knowing." (The dust jacket sports a very pleasing design by the ubiquitous Quemadura, a brilliant designer and a kind man I will never forget for how he helped me during a brief turn I took as a publisher.) I say I've read the book, present perfect, but I'm still reading it by way of re-reading it. Muldoon is new to me, and I don't yet find familiar his poetics or his themes. His strangeness, to me, derives from his different commitments, you might say. For…
  • ACA Webinar on Accredited Investor Definition and Established Angel Group Certification

    William Carleton
    16 Nov 2014 | 12:04 pm
    I've just listened to an archived recording of an excellent webinar presented by the Angel Capital Association last week (I had intended to listen in real time, but got pulled away): ACA Webinar on Accredited Investor Definition and Established Angel Group Certification. Presented by ACA Executive Director Marianne Hudson and ACA Chair David Verrill, the hour long webcast covers how the accredited investor definition might change (and how that might impact the startup investing ecosystem) and what the Angel Capital Association is doing to facilitate the transition to the brave new world…
  • A Sestina About Copyright

    William Carleton
    4 Nov 2014 | 9:28 am
    Last week Boing Boing published a sestina I wrote earlier this year on the subject of copyright. I'm thrilled about this and hope you will check it out: What is a sestina? It is a verse form involving a patterned repetition of the same six words. This chart, credited on Wikipedia to Phil Wink, explains the pattern. As you can imagine, the sestina as a structure requires copying; as a poetic practice, it demands of the practitioner the audacity to remix and engage in transformative use in transparent ways. Sestinas are all about…
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    But I do have a law degree...

  • 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…
  • Thursdays in Baltimore

    But I Do Have a Law Degree
    22 Jan 2015 | 7:13 pm
    Every other Thursday, Casey, my four year old, and I head to Baltimore for our 1:30 appointment at Johns Hopkins.  I should be be thankful for this - so incredibly thankful- because we travel there for a peanut allergy clinical trial that very few people are able to participate in.  If all goes well, at the end of three years, Casey will be, for lack of a better word, "cured."  And that's huge. But going to Baltimore from DC so often has proved to be a pain. Every other Thursday, I pick Casey up early from school.  I take him to the McDonald's drive through and…
  • A New Thing to Obsess Over, and It's Oh So Much Fun

    But I Do Have a Law Degree
    7 Jan 2015 | 6:35 pm
    It's no wonder I was a litigator.  I LOVE to research.  It gets borderline obsessive, actually.  I will dig deeper and deeper and deeper and scour all available resources until I have reached near expert status.  Then I feel satisfied, abandon, and move on to the next thing to obsess over. I go on kicks - research for vacation planning, research on local real estate listings, etc. and now.... interior design.Yes, we have this nice new big house and nothing to put in it.  We must buy a coffee table, kitchen table, bar stools, wall hangings, knick knacks, and who knows…
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    Profit and Laws

  • Mandatory Drug Testing Means Big Money for Big Pharma

    26 Feb 2015 | 12:24 pm
    Another opportunity for craven profiteers: drug testing. Another state made its hungry pass a drug test before it let them eat (because, apparently, people on drugs don’t deserve food). Turns out, 16,000 people peed in a cup and … 37 of them had drugs in their system. Now, many people – this article included – […] The post Mandatory Drug Testing Means Big Money for Big Pharma appeared first on Profit and Laws.
  • Putting People First is Good for Business

    5 Feb 2015 | 9:00 am
    One of the major effects of the 40 year political movement waged by big business is that we have learned how to evaluate ideas from their perspective. Think about it. When you hear about paid parental leave, you wonder if it is fair to employers because they’ll have to pay for the employee on leave […] The post Putting People First is Good for Business appeared first on Profit and Laws.
  • What You Can Learn from Sly Stone’s Mistakes

    5 Feb 2015 | 8:25 am
    Getting ripped off by your manager is a fundamental and shameful part of Rock ‘n’ Roll history for many musicians. Add Sly Stone to the list. Beginning in 1976, he started signing his rights away to people he trusted. A jury has just decided that several of those trusted people stole at least $5 million […] The post What You Can Learn from Sly Stone’s Mistakes appeared first on Profit and Laws.
  • Your Safety Shouldn’t Be a Crap Shoot – Why Senator Tillis Is so Very Wrong

    5 Feb 2015 | 8:16 am
    You may have heard that Thom Tillis, a Republican United States Senator from North Carolina, said that government shouldn’t require restaurant workers to wash their hands after they use the bathroom. He said, “I don’t have any problem with Starbucks if they choose to opt out of this policy as long as they post a […] The post Your Safety Shouldn’t Be a Crap Shoot – Why Senator Tillis Is so Very Wrong appeared first on Profit and Laws.
  • If We Rewrote Our Laws to Help Entrepreneurs Understand Them, We’d Have More Startups and More Jobs

    26 Jan 2015 | 5:24 am
    A major entrepreneurial center in the country, the Kauffman Foundation, has ranked cities and states for small business friendliness. The results are interesting, but not as interesting as the reasons why some areas scored better than others. As it turns out, there are three things that make an ideal place to start a business: 1. The […] The post If We Rewrote Our Laws to Help Entrepreneurs Understand Them, We’d Have More Startups and More Jobs appeared first on Profit and Laws.
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    Virginia Local Government Law

  • Virginia Supreme Court Opinions Affecting Local Government Law – February 26, 2015

    Andrew McRoberts
    26 Feb 2015 | 11:12 am
    This term resulted in two cases which, in our opinion, affect Virginia local government law.  One, decided by order, deals with the effect of a failure to name a necessary party (a governing body) in appealing a BZA decision.  The other addresses the difference between a local government and its constitutional officers (a sheriff) in the context of a claim under Va. Code section 15.2-1512.4 (right of local employees to contact elected officials). The case summaries are taken from the Virginia Supreme Court opinions website. Click on the case number to read the opinion. 140676 Frace v.
  • An ICE Detainer is Merely a Request—Not a Requirement

    Michelle L. Warden
    21 Jan 2015 | 8:12 am
    Written by Jim Cornwell and Michelle Warden Law enforcement officers and agencies are often faced with deciding whether they are required to detain an otherwise releasable prisoner when there is a detainer on the prisoner from the federal Department of Immigration and Customs Enforcement (“ICE”) on file. The Commonwealth of Virginia’s Office of the Attorney General rendered an Advisory Opinion on January 5, 2015 providing guidance on this very issue. The Attorney General confirmed the decisions of several courts and the wording of the regulation creating the detainer, 8…
  • T-Mobile South, LLC v. City of Roswell – Contemporaneous Reasons Needed for Denying Cell Towers

    Andrew McRoberts
    15 Jan 2015 | 1:11 pm
    By Andrew R. McRoberts and Cullen D. Seltzer On January 14, 2014, the United States Supreme Court issued its opinion in T-Mobile South, LLC v. City of Roswell. At issue was the breadth of the requirement in 47 U.S.C. § 332(c)(7)(B)(iii) of the Telecommunications Act of 1996 (the “Act”), which provides that a locality’s denial of an application to build a cell phone tower “shall be in writing and supported by substantial evidence contained in a written record.” A 6-3 Supreme Court, Justice Sotomayor writing for the majority, said that the statutory language requires…
  • Virginia Supreme Court Opinions Affecting Local Government Law – January 8, 2015

    Andrew McRoberts
    9 Jan 2015 | 8:46 am
    Happy New Year!  The Virginia Supreme Court issued opinions yesterday, its first term for 2015.  This term resulted in cases which, in various ways, deal with the authority of government entities (Workers Compensation Commission to address issues other than compensation, Virginia Department of Health to regulate smoking at a hookah bar, State Tax Commissioner to interpret a tax deduction statute, City to collect special taxes for a Community Development Authority) which, in our opinion affect Virginia local government law.  As always, congratulations to the winners! This firm was pleased…
  • Times-Dispatch Editorial Shines Light on Andrew McRoberts Representation

    Andrew McRoberts
    7 Jan 2015 | 11:40 am
    Times-Dispatch Editorial shines light on Andrew McRoberts Representation Published on: 8/31/2014 The Sunday, August 31, 2014 issue of the Richmond Times-Dispatch included the editorial “No” covering the zoning application that Richmond City Council is considering for The James at River’s Bend condominium development near Libby Hill Park.  Andrew McRoberts is referenced throughout the editorial as providing the legal reasons the City Council does not have the power to issue a special-use permit (SUP), which McRoberts notes is “strictly limited” in the City…
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    Arizona DUI Defense Blog

  • Scottsdale Crime Lab: The Supreme Court's Statement of Issues

    Lawrence Koplow
    17 Feb 2015 | 8:16 am
    Today at 11:00 a.m. the Arizona Supreme Court will hear oral arguments regarding whether to reinstate a trial court's finding that - blood alcohol measurements created by the Scottsdale Crime Lab are unreliable.  You can read a history of this litigation by clicking here. A case being selected by the Supreme Court for review is a rare event.  Simple math shows it is unlikely that any particular case will be reviewed by the Arizona Supreme Court.   The Court receives a substantial amount of “Petitions” to review lower court decisions, but it only selects a small…
  • The Scottsdale Crime Lab cases will be reviewed by the Arizona Supreme Court

    Lawrence Koplow
    13 Feb 2015 | 7:52 am
    The Arizona Supreme Court has decided to review the Court of Appeals' (COA) ruling regarding whether Scottsdale DUI results can be trusted.   Our ongoing legal battle over the defective software used by the Scottsdale Crime Lab (SCL) to measure BAC levels begins its final stage.  The Supreme Court granted our request to review the COA's decision permitting prosecutors to rely upon the measurements generated by this software as a basis for a DUI conviction.    WHAT HAPPENED? Over three years ago a few chromatograms (a graphical representation of a blood alcohol…
  • You have a bandwidth problem

    Lawrence Koplow
    11 Nov 2014 | 8:34 am
    An analyst from a crime lab testifies that a defendant, who is charged with DUI, has a blood alcohol concentration of .120.  Despite the legal requirements that the state must prove the test is trustworthy, most jurors have made a blink judgement the that test is correct.  As is often the case, the appearance of science is a powerful tool of persuasion.  This is true  even when the opinion is based upon junk science.   Here, despite the claims of the analyst and unbeknownst to the jury, the test result was done using unreliable equipment relying on defective software.
  • How did you get that number?

    Lawrence Koplow
    24 Jun 2014 | 1:37 pm
    If you are making a decision based upon a measurement, then you have two choices.   One, you can simply accept any number a machine produces as true; or   Two, you can ask “how did you get that number?”   The choice you make should be based upon how important the decision is that  you’re basing the measurement upon.  If you just want to know how hot it is outside, a twenty-year-old thermometer, combined with stepping outside will probably do.  However, if the measurement is critical to an important outcome, then you need to ask, and answer, the…
  • What warrants a warrant?

    Lawrence Koplow
    13 May 2014 | 9:41 am
    After the Supreme Court decided the case of Missouri v. McNeely, the question of when a warrant is required, before law enforcement may draw a person's blood became more interesting to say the least.  On one side of the issue was the position that a blood alcohol concentrations is constantly changing, thus, there is a justification for law enforcement to bypass the traditional warrant requirement. The contrary, and as it turns out the prevailing position, is that our Constitution does not allow law enforcement unfettered discretion to decided if they can stick a needle in your arm…
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    The Complex Litigator

  • 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)  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.
  • Episode 13 of the Class Re-Action podcast is now available

    H. Scott Leviant
    26 Nov 2014 | 10:42 pm
    Episode 13 of the Class Re-Action podcast is now available.  Our Episode 13 guest is Andrew Satenberg of Manatt, who predicted a year ago our need to discuss Martinez v. Joe's Crab Shack Holdings (November 10, 2014).Because of the changes to MCLE printed material rules, the Class Re-Action podcasts will now be 30-45 minutes longs, rather than an hour or more.
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    Law Firm Newswire » Legal News

  • Americans Face Challenges in Taking Over Aging Parents’ Finances

    LFN Editor 102KS31
    26 Feb 2015 | 3:00 am
    Hook Law Center (formerly Oast & Hook) Virginia Beach, VA (Law Firm Newswire) February 26, 2015 – When a parent becomes incapacitated and is no longer able to manage his or her own finances, a child or other caregiver needs to step in to pay bills and manage money and costs. Taking over a parent’s finances can be difficult, especially in the midst of the other challenges that families face during a loved one’s illness. “If you are taking over your parent’s finances, a systematic, structured approach to gathering information is a great starting point,” said Andrew H. Hook, a…
  • Texas Drunk Driver, Allegedly Traveling at 80 MPH, Kills SUV Driver

    LFN Editor 102KS31
    26 Feb 2015 | 3:00 am
    Austin Personal Injury Lawyers - Perlmutter & Schuelke, LLP Austin, TX (Law Firm Newswire) February 26, 2015 – A Houston woman was heading home when she witnessed a horrific crash involving an SUV and a pickup truck. She stopped to aid the dying driver of the SUV. This accident is notable for a number of reasons: one drunk driver, one flipped vehicle, one completely smashed-in front end, several serious injuries, and one fatality. According to the eyewitness’s account of the accident, the white pickup kept going faster and faster as it passed her, then moved in front of her. The…

    Gwen Biasi
    25 Feb 2015 | 4:45 pm
    Lincolnshire, IL (Law Firm Newswire) February 25, 2015 – The Association of Legal Administrators (ALA) will present its Finance Conference for the Legal C-Suite May 17 at the Omni Nashville Hotel in Nashville, Tennessee. The one-day event will focus on cutting‐edge management, profitability, innovation, strategic and leadership topics in law firm finance. Advanced education and C-level speakers will offer solutions for busy law firm finance professionals. Attendees can expect specialized subject matter, networking opportunities and an expo where they can explore new products and…
  • The American Dream is Not Just About Those Born in America

    LFN Editor 102KS31
    25 Feb 2015 | 3:00 am
    Miami, FL (Law Firm Newswire) February 25, 2015 – The United States would not be the global power it is today without the presence and contributions of immigrants. “Many Americans do not realize where the term the ‘American Dream’ came from,” says Miami immigration attorney, Larry Rifkin, “and what it means.” First appearing in James Adams’ 1931 book “The Epic of America,” the expression described the complexity of social expectations, beliefs, political expectations, and religious promises held by Americans at the time of the Great Depression. The term itself represented…
  • Truckers Driving Drowsy Still a Significant Issue

    LFN Editor 102KS31
    24 Feb 2015 | 3:00 am
    Austin, TX (Law Firm Newswire) February 24, 2015 – Despite the number of safety programs aimed at truck drivers, many still drive when short on sleep. This is a significant issue, as a drowsy driver can kill. In 2012, there were 10.8 million trucks crisscrossing the nation. Each year that statistic grows, says the Federal Motor Carrier Safety Administration. The U.S. Department of Transportation’s (DOT) Federal Highway Administration statistics show people drove 84.7 billion miles on California highways in 2011. Texas ranked second on the U.S. DOT list with drivers logging over 55.7…
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    The L•E•Jer

  • Publix: Where Shopping is a Pleasure . . . Because Working There is a Pain?

    Hofstra Labor &#38; Employment Law Journal
    26 Feb 2015 | 6:59 am
    by Alexandra Sanchez If you have never been to Publix, you are missing out on the eighth wonder of the world. If you have never eaten a Publix chicken tender sub, you simply have not lived. Besides the impeccable Publix deli, what is it that makes Publix such a wonderful place to shop? Unfortunately, it […]
  • Sorry! Civil Rights Act Does Not Apply to Transgenders, and That’s Just an Employee Handbook, Not a Contract.

    Hofstra Labor &#38; Employment Law Journal
    23 Feb 2015 | 6:59 am
    by Neli Kharbedia Leyth Jamal, who used to work for Saks Fifth Avenue in Houston, TX, alleges that she was verbally abused, compelled to go to the men’s bathroom, told to look “more masculine at work,” and terminated in 2012 based on her being transgender.[1] In addition, she was continually called “he and him.”[2] According […]
  • California Attempts the First Pass in the Fight for Cheerleader Minimum Wage

    Hofstra Labor &#38; Employment Law Journal
    19 Feb 2015 | 6:59 am
    by Thomas S. Wolinetz Cheerleaders of the National Football League (“NFL”) are fighting to get themselves classified as employees, which in turn would require them to be paid at least minimum wage.[1] The federal minimum wage is currently $7.25 per hour.[2] However, an NFL cheerleader could make less than $3.00 per hour in some instances.[3] […]
  • Lame Duck Legislation for Home Health Care Workers: Simply an Aberration of Benefits

    Hofstra Labor &#38; Employment Law Journal
    17 Feb 2015 | 6:59 am
    by Emmanuel Bello The health care community has experienced a large increase in demand for health care services for the elderly. Studies show that by 2050, the elderly community will likely reach 88.5 million people.[1] This incredible increase is largely attributable to our aging baby boomers[2] who now require elder care and who likely will […]
  • The Thin Line Between a Joke and an Insult

    Hofstra Labor &#38; Employment Law Journal
    12 Feb 2015 | 6:59 am
    by Andrey Vitko “Humor brings insight and tolerance. Irony brings a deeper and less friendly understanding”.[1] —Agnes Repplier People tolerate humor differently as the perception of humor is very individualized. Some people do not care about being an object of sarcasm while some people get easily offended. It is not rare that employees and employers […]
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  • World's Greatest Lawyer.

    11 Feb 2015 | 4:10 pm
    See this post on our new improved site The Puffery Of Law Practice During a recent visit to a friends law office, I noted something new on his wall.  He had mounted a plaque boasting that he was named one of the top trial attorneys in the state. “It’s a major award!” he exclaimed as he polished his laminated accolade.  "That's odd. " I thought. "The guy never did a trial.  Next, he'll be telling me he was shot down over Iraq with Brian Williams.  As a kid, I grew up in a time when getting a trophy meant something. It used to be only the fastest…
  • The Calling. To Be or Not to Be a Lawyer

    4 Feb 2015 | 6:53 am
    We now have swankier digs. Read this post on the improved  How many times have you heard someone say “Everyone says I should  be a lawyer.”  Or even better, “I hate my job and I love to argue, maybe I should go to law school”  I see the attraction for some people. You get to put on a suit every day and sue people.  As much as I love practicing law, I’m here to tell you that it’s not all wingtips and BMWs. I consider the legal profession a calling much like the priesthood. After all, do we not counsel the down-trodden, swear ourselves to…
  • How is Dumping Ice Water on Your Head Supposed to Cure ALS?

    13 Aug 2014 | 1:09 pm
                              This article can also be viewed at our new site Like most days, I spent my morning perusing cat videos on Facebook when I noticed someone tagged me in a homemade video.  I soon learned I was being challenged to dump a bucket of freezing ice water over my head.  I had twenty four hours to comply.  Was this the wild west?  Like Wyatt Earp, I felt like I was being called out of an old western saloon to face a noon time gun slinging challenge on a dusty road.  …
  • Metadata and the Legal Profession. How Ignorance Can Lead to Disaster

    11 Aug 2014 | 3:57 pm
    This article can also be viewed at our updated site Your office always engages in the best practices when it comes to your clients' confidentiality, this goes without saying. You've got the latest anti-virus software installed, a comprehensive firewall and fully secured connections for the web? Of course you have. Standard. Yet here you are suddenly finding yourself and your firm under the microscope on matters of confidentiality and possibly facing misconduct charges simply because one of your administrative staffers emailed a document to a third party that contained…
  • Mr. Baron Goes to Washington

    9 Feb 2014 | 9:13 pm
     This past Friday, I was invited to take part in a day of meetings at the White House with various community leaders from across the United States.  As an American citizen, the honor was overwhelming. As a kid, I had visited the White House with my family as a tourist. Never did I imagine I would be invited there "on business." Of course, my family had forged long ties to this nation.  The Barons had come to these shores around the time of the British invasion of New York. It was about time we got invited to the White House. Of course when I mention the British invasion, I…
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    My Distribution Law

  • 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…
  • Three Billy Goats Gruff

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

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

  • Bali Nine judges allegedly “asked for bribes”. Wouldn’t happen in Australia, right?

    Shane Dowling
    21 Feb 2015 | 4:54 am
    The judges who heard the Bali Nine heroin trafficker cases allegedly asked for bribes to give them a reduced sentence. There are calls to have the executions of 2 Bali Nine members stayed while the alleged bribery is investigated. (Click here to read more) Some people might think it is just lies and a tactic to […]
  • Bill Shorten’s supporters involved in multi-million-$ fraud at the HSU

    Shane Dowling
    18 Feb 2015 | 4:45 am
    It has been well known for a long time that Bill Shorten’s crime gang led by Diana Asmar, David Asmar, Kimberley Kitching and Andrew Landeryou have been ripping off the HSU Victoria Number 1 Branch (known as the Health Workers Union). But now we have the financial report that shows the $millions they have been stealing and rorting from […]
  • Kerry Stokes’ attack on free speech

    Shane Dowling
    14 Feb 2015 | 5:09 am
    I had to take down the post that was here because of the suppression orders issued Tuesday (17/2/15) (apparently by Justice Hulme) as per below. I’ll fight it as normal. I beat the first suppression order that Kerry Stokes had taken out against me and I will beat this one as well. In April last year in court […]
  • Malcolm Turnbull’s dirty laundry of fraud & theft will destroy the Liberal Party if elected leader

    Shane Dowling
    7 Feb 2015 | 5:48 am
    Malcolm Turnbull was the key decision maker when he gave a dodgy $10 million grant to his friends just before the 2007 election while he was still the Environment Minister in the Howard government. This puts Turnbull in the same club as the corrupt Eddie Obeid, Arthur Sinodinos and others. Obeid is looking at jail time […]
  • Tony Abbott versus the world. The leadership battle heats up

    Shane Dowling
    3 Feb 2015 | 5:30 am
    For how much longer Tony Abbott will continue as Prime Minister no one knows but it could be over soon with a ballot highly likely next week as late on Tuesday night (3/2/15) members of his own party called for him to resign. People are blaming the many mistakes Abbott has made but there are 2 mistakes that have not received […]
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    Attorney at Work

  • 20 Legal Marketing Maxims

    Bob Denney
    26 Feb 2015 | 2:00 am
    Every lawyer wrestles with getting and keeping clients. It is quite normal to constantly wonder: “Where do I start?” “Are we spending enough on marketing … or spending too much on the wrong things?” “What are the right things?” Stop, don’t get all tangled up! Take a break and get back to the basics with legal marketing guru Bob Denney’s 20 marketing maxims, from the Attorney at Work Archives. Maxim: A General Truth or Rule of Conduct Expressed in a Sentence Be the best lawyer you can be. Be afraid. Fear of failure guarantees success.
  • Can You Be a Better Boss?

    The Editors
    25 Feb 2015 | 2:00 am
    Question: From a firm administrator’s perspective, what could a lawyer do to be a better boss? Sharon Abrahams: Lawyers are saddled with one of the most important jobs related to the supervision of their administrative staff: providing constructive feedback. Feedback is your tool to improve the performance of the people you work with, including those you’ve selected to manage your firm. Your objective in giving feedback is to enhance performance by supplying information that guides people toward the level and quality of work you expect. For any feedback to be effective, you must…
  • 10 Strategies for Bringing More Love into the Law

    Christy Cassisa
    24 Feb 2015 | 2:00 am
    Last week, Christy Cassisa introduced us to the concept of “companionate love” in the workplace. It’s a type of emotional culture in which relationships are based on warmth, caring and connection — and, as Christy detailed in Part One, research shows it’s good for employers, employees and even clients. Today, she gets practical with a list of how-to’s aimed at helping lawyers start the shift to a more caring culture in their own offices. Transforming Firm Culture: Start with Yourself Too many law offices have emotional cultures of fear, anger, passive…
  • A Roman Walks Into a Bar

    Theda C. Snyder
    23 Feb 2015 | 2:00 am
    A Roman walks into a bar and tells the bartender, “I’d like a martinus.” The bartender says, “You mean a martini.” “No,” says the Roman, “I only want one.” English is a funny language — in both senses of the word. English incorporates words from other languages, and sometimes that means the usual rules don’t work. Usually, we add “s” to the end of a word to make it plural or “es” if the word ends in s, sh, ch, or z. But more than one stimulus are “stimuli,” not “stimuluses.” How about those license plate frames that read “Alumni —University of…
  • Use Facebook to Drive Targeted Traffic to Your Website

    Mike Ramsey
    20 Feb 2015 | 2:00 am
    For lawyers, using Facebook for marketing is a tough nut to crack. And Facebook has been making it harder to reach your fans on its platform with some recent steps. Many brands are saying that their reach is getting smaller and smaller due to changes in the news feed algorithm. What can you do to still make use of the platform as a law firm? Here are some tips. 1. Stop trying to drive people to your firm’s Facebook brand page. Many law firms publish blog posts or pages on their website that ask people to engage with them on Facebook, similar to the ad shown here. The problem is, you don’t…
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    Justia Law, Technology & Legal Marketing Blog

  • Religious Exemptions from Mandatory Vaccinations

    Ken Chan
    19 Feb 2015 | 11:44 am
    All states require children to be immunized or to be in the process of receiving immunizations against certain contagious diseases before a child care facility or a school may admit them. For each state, the immunization schedule may be found in the state code or its administrative regulations, usually in the sections governing education (for schools) or public health (for child care facilities). Besides specific vaccine requirements, these schedules may also refer to the schedules provided by the United States Department of Health and Human Services, American Academy of Family Physicians, or…
  • These Are Not the Lawsuits that You’re Looking For: Justia Weekly Writers’ Picks – January 16, 2015

    Cicely Wilson
    16 Jan 2015 | 3:57 pm
    Alfred v. Walt Disney Co., Delaware Court of Chancery (1/14/15) Civil ProcedureThis complaint concerned the T-65 X-wing fighter plane, a fictional vehicle created in connection with the movie Star Wars Episode IV: A New Hope. Walt Disney Company owned the trademark for the fictional vehicle. Plaintiff developed a marketing plan pursuant to which Disney would license to a non-party the right to use the X-wing name and appearance, the non-party would develop the vehicle in the appearance of an X-wing (the “Flying Car”), and Plaintiff would raise the funds for development of the Flying Car.
  • Justia Weekly Writers’ Picks – October 17, 2014

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

    Cicely Wilson
    3 Oct 2014 | 12:20 pm
    Zavodnik v. Harper, Indiana Supreme Court (9/30/14) Civil ProcedurePlaintiff was an abusive litigant. In this case, Plaintiff filed a complaint against Defendant, which the trial court dismissed for failure to prosecute or comply with applicable rules under Ind. Trial Rule 41(E). The court of appeals dismissed Plaintiff’s appeal with prejudice for Plaintiff’s failure to file a timely brief and appendix. The Supreme Court denied Plaintiff’s petition to transfer jurisdiction and refrained from imposing sanctions or restrictions. This per curiam opinion also gave guidance to the state’s…
  • Catch a Falling Star – Justia Weekly Writers’ Picks September 5, 2014

    Cicely Wilson
    5 Sep 2014 | 3:29 pm
    Levitt v. Yelp! Inc., US 9th Cir. (9/2/14) Business Law, Internet LawPlaintiffs, small business owners, filed a class action suit alleging that Yelp, an online forum, extorted or attempted to extort advertising payments from them by manipulating user reviews and penning negative reviews of their businesses. Plaintiffs filed suit against Yelp for violations of California’s Unfair Competition Law (UCL), Cal. Bus. & Prof. Code 17200 et seq.; civil extortion; and attempted civil extortion. The district court dismissed the suit for failure to state a claim. The court concluded that…
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    BullsEye Blog

  • 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.
  • Legalize Poker? Expert Witnesses Will Be Responsible

    16 Feb 2015 | 5:28 pm
    As poker continues to gain popularity in mainstream America, questions have arisen as to whether it is truly a game of chance or a legitimate contest played by skilled competitors. In a lawsuit filed by a poker advocacy group against the Wisconsin attorney general, it could very well be the findings of expert witnesses who ultimately cause the game to become largely legalized.
  • California High Courts Clash Over Statistical Sampling

    6 Feb 2015 | 1:20 pm
    It’s rare to see the highest state and federal courts in a state clash directly over standards governing a form of expert testimony. In the case of Jimenez v. Allstate Insurance Company, California courts must, once again, rule on whether or not the use of statistical sampling to prove liability or damages is admissible in class action cases. Continue reading to learn more about the 9th Circuit's ruling of this case and of the California Supreme Court's ruling of a preceding similar case.  
  • 40 Essential Apps for Trial Lawyers, Part Two

    31 Jan 2015 | 5:00 pm
    As we noted in Part One of this post, iPads have become ubiquitous in courtrooms and depositions and are used for everything from keeping organized to presenting evidence. Since 2011, when BullsEye first surveyed some of the most popular apps for trial, the number of litigation-related apps has grown significantly. In part two of our 40 Essential Apps for Trial Lawyers survey, we will examine apps that can assist with trial preparation, e-discovery, jury selection, and more.  
  • 40 Essential Apps for Trial Lawyers, Part One

    21 Jan 2015 | 8:57 pm
    In courtrooms and depositions across the country, the iPad is replacing the legal pad as an essential accoutrement of trial lawyers. Since we reported the most popular apps for trial in 2011, the number and variety of litigation-related apps has continued to grow, expanding into categories like e-discovery. Our original list included 8 apps. While surveying for 2015, our list grew to 40.   Continue reading to view part one of our survey of 40 Essential Apps for Trial Lawyers.
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    Hunt & Associates, PC

  • Employer Obligations under the Family Medical Leave Act and the Changing Definition of Marriage

    Lawrence Hunt
    24 Feb 2015 | 10:14 am
    The U.S. Department of Labor has scheduled announcement that it will issue a Final Rule effective March 27, 2015 expanding the definition of “spouse” for purposes of determining an employee’s entitlement to Family Medical Leave. Specifically, the new rule will define a “spouse” for purposes of FMLA leave in accordance with the law of the state where the marriage was celebrated rather than under the law of the employee’s residence. Thus, a same sex marriage validly entered into under the law of the state where the wedding occurred will be a valid marriage which entitles either…
  • An Injured Seaman’s Rights under Admiralty Law

    Charles Ford
    17 Feb 2015 | 9:12 am
    A seaman who suffers injury while engaged in the service of a vessel has legal remedies which are unavailable to any other worker. Unlike the typical shore-based employee, who is generally limited to workers’ compensation benefits for injuries occurring in the course and scope of his employment, an injured seaman has the following remedies available to him or her: Maintenance and cure; A claim against the vessel owner for the vessel’s “unseaworthiness”; and, A claim against his/her employer under the Jones Act. Maintenance and Cure A seaman who is injured in the service of the vessel…
  • When Can the Government Take Property without Paying Compensation?

    Lawrence Hunt
    2 Feb 2015 | 4:12 pm
    The Fifth Amendment to the United States Constitution requires the federal government to pay “just compensation” when it takes private property. While that rule sounds clear in principle, it doesn’t often seem to mean what it says either to government or to the courts. On the contrary, it seems as though the federal government actually can and does take private property for its own use without paying “just compensation” or, in fact, without paying any compensation. Moreover, the practice seems quite acceptable to certain courts. For instance, a recent piece for the Washington…
  • ABLE Accounts: A New Savings Account for People with Disabilities

    Charles Ford
    15 Jan 2015 | 10:02 am
    On December 19, 2014, President Obama signed into law the “Achieving a Better Life Experience Act of 2014”, also known as the “ABLE Act of 2014”. This new law will allow states to establish an ABLE program, under which eligible people with disabilities can set up an ABLE account. These accounts will be modeled after Section 529 (college savings) accounts. Who can have an ABLE account? Eligibility will be limited to people who became severely disabled before turning 26 years of age. An older disabled person can have such an account, provided the person’s disability arose prior to age…
  • The Threat of a State Capital Gains Tax in Washington

    Lawrence Hunt
    31 Dec 2014 | 11:52 am
    As everyone knows, Washington has no state personal income tax while Oregon imposes a 9% personal income tax on all income earned in the state. Oregon makes no distinction between sources or kinds of personal income in applying its tax. The net effect of this difference can be dramatic. For instance, sale of a capital asset such as shares of corporate stock worth $10 million will result in a $900 thousand Oregon income tax obligation but will result in no Washington state income tax. There is thus a great incentive for Oregon residents to change their residence to Washington for tax purposes…
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    Recent Blog Posts

  • 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…
  • Recent Reports of Defective Cars | California Lemon Law Attorney

    19 Sep 2014 | 3:08 pm
    Despite rapidly advancing technology, certain car models can still be flawed from time to time. Unfortunately, these flaws can have deadly consequences. Two recent cases of defective cars in the U.S. involve a probe of 205,000 Ford Fiestas with doors that have reportedly failed to latch and faulty ignition switches in GM cars that cause drivers to unexpectedly lose all control over their vehicle. When such aut defect cases arise, millions of dollars' worth of lawsuits are sure to follow. If you have been in an accident caused by a defective vehicle, it's important to hire a California…
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    Rozek Law

  • Diagnosing Traumatic Brain Injury with the DSM-5

    Randy Rozek
    10 Feb 2015 | 9:48 am
    Visit us at The highly controversial, recently released, Diagnostic and Statistical Manual of Mental Disorders 5th Edition (DSM-5) addresses Traumatic Brain Injury in the chapter entitled “Neurocognitive Disorders.” According to the DSM-5, the degree of the particular Neurocognitive Disorder Due to Traumatic Brain Injury can either be Major or Mild. Also in the DSM-5 Neurocognitive Disorders chapter are the following conditions: Delirium; Neurocognitive Disorder due to Alzheimer’s Disease; Neurocognitive Disorder due to vascular problems; Neurocognitive Disorder…
  • Southern Paraplegic Scam Artists Now Targeting Wisconsin Personal Injury Attorneys

    Randy Rozek
    14 Jan 2015 | 1:11 pm
    Visit us at In the latest iteration of this popular scam, a southern gentleman has been contacting personal injury law firms regarding his most unfortunate situation. You see poor Calvin Thomas (Telephone: 225-276-5233) was working in the loading dock area at Lowe’s in Madison, Wisconsin, when a FedEx Ground delivery driver backed up to the dock. Unfortunately, the FedEx driver failed to engage his brakes and exited from the truck. The truck then rolled backwards pinning poor Calvin between the back of the truck and the loading dock. The 29 year-old (sounding more like…
  • How Traumatic Brain Injuries Impact the Memory

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

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

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

    Krystal Chapin
    24 Feb 2015 | 8:46 am
    A time may arise when you may be asked to provide information from last year’s tax return. Whether it be for a student loan, mortgage, or a VISA, it’s important to know how to obtain this important information. The IRS offers a free transcript service to get you the information you need. A tax return […]
  • Long Term Care Insurance

    Robin Friedman
    21 Feb 2015 | 6:44 am
    Lately, I have been receiving solicitations from insurance companies pushing LTC insurance.  I have become aware of just how expensive it can be to go through long term care(nursing homes, residential care facilities, etc.) It is easy to see life savings eaten up by just a few years of long term care. LTC insurance can […]
  • Carbon Monoxide: The Stealthy Killer

    Hogan Willig
    18 Feb 2015 | 6:30 am
    Each year hundreds of people experience what they think are flu symptoms: Headaches fatigue nausea dizziness. These are actually symptoms of CO poisoning. What is carbon monoxide (CO)? Carbon monoxide is a poisonous gas that can kill you if inhaled. You cannot see, smell or taste it. It is sometimes referred to as the “Silent […]
  • What Do I Do After An Accident

    Robin Friedman
    14 Feb 2015 | 6:27 am
    No matter how calm and collected you may be in your everyday life, a serious accident can easily leave you feeling panicked and confused.  Despite this natural feeling, it is important to try and stay focused and to direct your attention to certain steps that will help you to protect your right to compensation as […]
  • What’s More Romantic Than a Divorce for Valentine’s Day????

    Robin Friedman
    10 Feb 2015 | 6:27 am
    Most people think of Valentine’s Day as a romantic time in which happy couples get to spend quality time together.  Believe it or not, the weeks leading up to Valentine’s Day are also a very popular time for divorces. January and February are especially busy times for dissolutions and this period of time is typically […]
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    bLAWgical Thinking

  • #The2Llife: Letters of Recommendation

    26 Feb 2015 | 3:30 pm
    GUEST BLOG Harrison Thorne, 2L at UCLA School of Law For most law school students, there will come a time when you need a letter of recommendation. Or, perhaps you will need references. I have found that the best approach is to have three solid references—a teacher, a practitioner, and a non-legal recommender (perhaps an old boss from a past job). However, the students who need letters of recommendation the most are 1Ls. This can be tricky, because some 1Ls have not established relationships outside of the classroom. For instance, about this time last year, I realized that I knew a handful…
  • #The1Llife: Mixed Reactions

    25 Feb 2015 | 11:54 am
    GUEST BLOG By Lauren Rose, 1L at the University of Detroit Mercy Do you ever get a mixed reaction when you tell people that you are in law school? Some people are super impressed. Others, not so much. I’ve gotten so many weird reactions from people that I almost don’t know how to respond when someone asks me what I “do.” I’ve found it easier to respond with something along the lines of “I’m in grad school.” Usually, this stops all of the weird reactions and questions. I think that people have a preconceived notion of the kind of people that attend law school. I think that it…
  • #barpreplife: It’s Go Time

    24 Feb 2015 | 4:11 pm
    GUEST BLOG by Jennifer Varteressian, Graduated from The University of Tulsa College of Law Tomorrow I take the bar exam. I repeat, tomorrow I take the bar exam. I don’t think the reality has set in. I am trying to knock myself over the head with the prospect of sitting down and actually taking the test that has been running my life for the last few months. I stopped by the testing center today to check it out and it was all very surreal, it felt like a scene from a bad movie. Today did not go smoothly at all. The weather was terrible, and it took forever to check into my hotel. Once I…
  • #barpreplife: Last Monday

    20 Feb 2015 | 3:57 pm
    GUEST BLOG by Jennifer Varteressian, Graduated from The University of Tulsa College of Law I’ve made myself a promise that next Monday the only time I will use my brain is while I’m sitting in my hotel room, writing my blog, and mentally preparing myself for my impending doom. That means that today is my last Monday to study! (hopefully for the rest of my life). The remainder of the day will be taken up with fun things like a massage, a manicure, a pedicure, and a well-balanced meal. I know everyone is different, but my experience has taught me the value in giving your brain a break, and…
  • #The3Llife: Bar Prepping in Law School

    19 Feb 2015 | 4:01 pm
    GUEST BLOG By Shaun Sanders, 3L at Chapman University’s Dale E. Fowler School of Law I am currently taking a bar prep course during my last semester in law school, which will lead into my BARBRI prep courses after graduating. The class is pretty fantastic, but also upsetting. My professor is a genius. I often joke that he is a law robot, built in the year 2052, sent back in time to teach law. I will never be as capable as him when it comes to digesting large quantities of text and immediately saving it to memory. His ability to recall cases from years ago is astounding. He is truly an asset…
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    Attorney at Work

  • 20 Legal Marketing Maxims

    Bob Denney
    26 Feb 2015 | 2:00 am
    Every lawyer wrestles with getting and keeping clients. It is quite normal to constantly wonder: “Where do I start?” “Are we spending enough on marketing … or spending too much on the wrong things?” “What are the right things?” Stop, don’t get all tangled up! Take a break and get back to the basics with legal marketing guru Bob Denney’s 20 marketing maxims, from the Attorney at Work Archives. Maxim: A General Truth or Rule of Conduct Expressed in a Sentence Be the best lawyer you can be. Be afraid. Fear of failure guarantees success.
  • Can You Be a Better Boss?

    The Editors
    25 Feb 2015 | 2:00 am
    Question: From a firm administrator’s perspective, what could a lawyer do to be a better boss? Sharon Abrahams: Lawyers are saddled with one of the most important jobs related to the supervision of their administrative staff: providing constructive feedback. Feedback is your tool to improve the performance of the people you work with, including those you’ve selected to manage your firm. Your objective in giving feedback is to enhance performance by supplying information that guides people toward the level and quality of work you expect. For any feedback to be effective, you must…
  • 10 Strategies for Bringing More Love into the Law

    Christy Cassisa
    24 Feb 2015 | 2:00 am
    Last week, Christy Cassisa introduced us to the concept of “companionate love” in the workplace. It’s a type of emotional culture in which relationships are based on warmth, caring and connection — and, as Christy detailed in Part One, research shows it’s good for employers, employees and even clients. Today, she gets practical with a list of how-to’s aimed at helping lawyers start the shift to a more caring culture in their own offices. Transforming Firm Culture: Start with Yourself Too many law offices have emotional cultures of fear, anger, passive…
  • A Roman Walks Into a Bar

    Theda C. Snyder
    23 Feb 2015 | 2:00 am
    A Roman walks into a bar and tells the bartender, “I’d like a martinus.” The bartender says, “You mean a martini.” “No,” says the Roman, “I only want one.” English is a funny language — in both senses of the word. English incorporates words from other languages, and sometimes that means the usual rules don’t work. Usually, we add “s” to the end of a word to make it plural or “es” if the word ends in s, sh, ch, or z. But more than one stimulus are “stimuli,” not “stimuluses.” How about those license plate frames that read “Alumni —University of…
  • Use Facebook to Drive Targeted Traffic to Your Website

    Mike Ramsey
    20 Feb 2015 | 2:00 am
    For lawyers, using Facebook for marketing is a tough nut to crack. And Facebook has been making it harder to reach your fans on its platform with some recent steps. Many brands are saying that their reach is getting smaller and smaller due to changes in the news feed algorithm. What can you do to still make use of the platform as a law firm? Here are some tips. 1. Stop trying to drive people to your firm’s Facebook brand page. Many law firms publish blog posts or pages on their website that ask people to engage with them on Facebook, similar to the ad shown here. The problem is, you don’t…
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    Pretrial, Trial, Appellate & Evidence Blog


    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

    Ronald H. Clark
    14 Feb 2015 | 3:19 pm
    This month, the King County Bar Association Bar Bulletin  published Thomas M. O’Toole’s excellent recommendations on how to prepare a deponent. Mr. O’Toole is the President of Sound Jury Consulting, and his following advice is well worth reading and heeding:            The deposition performance of a key witness is critical to the outcome of any case. Summary judgment motions are often won or lost on the testimony of central witnesses. Even when the case survives summary judgment, unfortunate behavior or answers in depositions…

    Ronald H. Clark
    5 Feb 2015 | 2:56 pm
    The Second Edition of Cross-Examination Handbook: Persuasion, Strategies, and Techniques has just been published by Wolters Kluwer. This new edition continues its straightforward step-by-step instruction combined with examples from illustrious trials including the Zimmerman trial. The new edition adds, among other topics, visual cross-examination, social media impeachment and the interplay of discovery and cross. Also, the Cross Handbook has been updated to cover the new Evidence Rules and case law.Along with the new edition comes a revamped and expanded website for the Cross Handbook.

    Ronald H. Clark
    28 Jan 2015 | 12:43 pm
    The Fourth Edition of Trial Advocacy: Planning, Analysis, and Strategy has just been published by Wolters Kluwer. This new edition continues to explore all aspects of trial persuasion with expanded and updated coverage.Some of the Major Additions to the Fourth Edition are:·      Complete case files for mock civil wrongful death and criminal murder trials, with witness statements, exhibits, legal memoranda, statutes, jury instructions for mock trials, and performance assignments·      Seventy-nine role-playing assignments, from jury selection…
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    The Attorney Marketing Center

  • Email marketing for attorneys done right

    David M. Ward
    26 Feb 2015 | 11:59 am
    I read an article for real estate agents about ten ways email marketing beats social media. It’s a good article and I agree with all of it. I was going to tell you that it makes no difference whether you’re selling legal services or houses, email reigns supreme. I even had a favorite “reason”–number 9 on the list: “Email is more intimate”. I was going to talk about how email allows you to have a simulated conversation with people, which helps you build a relationship with them, so that, over time, they come to know, like, and trust you, even before…
  • Fake lawyers stealing your name and reputation

    David M. Ward
    25 Feb 2015 | 10:56 am
    In the “oh my, that’s not good” department comes this report about fake lawyers who put up websites pretending to be real lawyers. They copy the real lawyers’ names, photos, bios, and other information, but change the contact information. Presumably, the goal is to bring in clients and steal their money, or set up fraudulent cases and rip off insurance companies with “you” as the attorney. Don’t laugh. It happened to me. This was many years ago, in the dark days before the Internet. I got a call from a fraud investigator who wanted to talk to me about…
  • Getting things done in burst mode

    David M. Ward
    23 Feb 2015 | 1:02 pm
    I read an article recently about the work habits of a novelist. He said that he works best when he doesn’t write every day, as conventional wisdom suggests. Rather, he gets more done in “burst mode” (my term) where he will write up to 8,000 or 10,000 words in a day. His job (full time as I recall) and family obligations make it difficult to carve out sufficient blocks of writing time during the week. He found that an hour a day wasn’t long enough to find his writing mojo and get up to speed. Give him eight or ten hours on Saturday, however, and he could knock out an…
  • Paying for referrals and getting away with it

    David M. Ward
    20 Feb 2015 | 12:06 pm
    Okay, let me first say that you need to check with whoever regulates you and make sure that this is something you can do. I’m covering my behind by telling you this so please cover yours. It’s a very simple idea, really. But it could bring you a lot of business in the short term, and a lot more long term. You’ll need a website (that you control) and a way to capture email addresses. An autoresponder is your best bet. You can see what I use and recommend here. Yes, you can also do this “old school,” i.e., manually, but you’ll get better results if you…
  • Is “attorney” the right career for you?

    David M. Ward
    19 Feb 2015 | 11:22 am
    I don’t know what you think about the Myers-Briggs personality test, based on Carl Jung’s work, but according to a new infographic on career choice, I should have been a college professor instead of an attorney. I’ve taken the test more than once, and got different results each time, so I’m not sure, but today it looks like I am an INTJ. That comes with the shorthand label, “Independent Scientists” and while the independent part fits, I’m not sure sure about the science part. College professor, maybe. Depends on what I’d be teaching. I found…
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    Estate Law Canada

  • Is a will prepared in Ontario valid in other provinces or other countries?

    24 Feb 2015 | 5:54 am
    These days, with people moving from place to place so much, I'm often asked about the validity of wills once a person moves across provincial or national borders. A reader recently raised the topic, and I thought I'd share the discussion with all of you. Here is the question and my response: "Is a will prepared in Ontario valid in other provinces or other countries?" This is one of those
  • The Objects 10 Celebrities Took to the Grave

    24 Feb 2015 | 5:36 am
    The rituals and customs surrounding letting our loved ones go are extremely important to all of us. A funeral, in any form, is an opportunity to express the personality of the deceased. I'm attaching an article from that talks about 10 celebrities, and the items with which their families chose to bury them. Click here to read the article. If you have specific wishes for
  • Facebook allows you to name a digital heir for your account

    22 Feb 2015 | 9:45 pm
    Millions of people use Facebook, and very few of them think about what would happen to their Facebook account if they should pass away. An article from the Wall Street Journal talks about what Facebook does with the account of someone they learn has died. It also talks about a new option (so far just in the USA but apparently going to be available to the rest of us soon) to name a digital heir
  • I've cashed in the estate's registered assets - now what about the tax?

    17 Feb 2015 | 9:55 am
    A reader recently wrote to me to ask about taxes on registered assets and pensions. Cashing them in is the easy part; figuring out the tax issues is the tricky bit. I know many of you are in a similar position, so I'm sharing the question and my response below. "My mother recently passed away and I am the executor of her will and a beneficiary with my brother. She had RRSP's, Non Registered
  • If a will states equal distribution, is an asset with a named beneficiary included in the equal share?

    11 Feb 2015 | 2:31 pm
    How does an asset with a named beneficiary affect the will's instruction that the estate should be divided equally? This is a question that I hear very frequently, so I thought many of you would be interested in hearing the answer to it. Recently a reader sent me the following note: "If a will states equal distribution, but some of the assets list a beneficiary who is one of the estate
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    AZ Attorney

  • Chief Justice meets with Community Legal Services on access to justice issues

    26 Feb 2015 | 8:30 am
    Ariz. Chief Justice Scott Bales Here is some news from Community Legal Services, Phoenix: On February 6, 2015, Arizona Supreme Court Chief Justice Scott Bales collaborated with members of the team at Community Legal Services (CLS) to discuss ideas to assist low-income Arizonans’ access to justice. Community Legal Services is a non-profit, civil legal aid program serving low-income persons in Maricopa, Mohave, La Paz, Yavapai and Yuma counties. Of primary consideration were the barriers to equal access to justice, including those litigants face prior to and during court. This past year,…
  • Smart thinkers including lawyers present at @PHXStartupWeek

    25 Feb 2015 | 8:30 am
    Those of us at our desks this week are clearly doing innovation wrong. That’s all I can conclude as Phoenix Startup Week is kicking off. Time to get our creative on. Don’t know what the week entails? Here’s a description: Phoenix Startup Week is a five-day celebration of our community happening February 23-27th 2015. Over 130 free events created by other entrepreneurs to give back and make our community better. Each day will focus on a certain part of the valley: Feb 23 – Downtown Phoenix Feb 24 – Downtown Scottsdale Feb 25 – Tempe Feb 26 – North Scottsdale Feb…
  • Facebook provides for user death, path forward

    24 Feb 2015 | 8:30 am
    Facebook knows its members may die or become incapacitated … and is now offering solutions. The other day I was informed by Linkedin of a friend’s “work anniversary.” That was jarring, as I know she died last spring. Even more unfortunate, that kind of social media interaction happens quite a bit—and there’s rarely a systemic change that would reduce its occurrence. For example, for a few years around 2010, Facebook would invite me to “connect with someone you might know.” Fair enough. The selection of options was good, including a lawyer friend whom I had known for years,…
  • Justice O’Connor’s cowgirl days on display in 2/25 #dtphx event

    23 Feb 2015 | 8:30 am
    See how the ranch and the bench intersected in Sandra Day O’Connor’s life at an event Wednesday, Feb. 25. This Wednesday, a Phoenix event will include an opportunity to see a display of items related to Sandra Day O’Connor’s cowgirl days. The mixer of the Phoenix Community Alliance will be held at the Irish Cultural Center in Margaret T. Hance Park on Wednesday, Feb. 25, from 4:30 to 6:30. The address is 1106 N Central Ave., Phoenix 85004. Register here for the free event (a map and parking information are also available). As organizers say: “The Irish Cultural Center is…
  • AZTurboCourt E-filing arrives in Pima County for civil cases via @azcourts

    19 Feb 2015 | 8:30 am
    Today I share the following item from the Arizona Supreme Court about their next step in making Arizona an e-filing state. As they say, the automated case system launched on Tuesday in Pima County. The next generation of court automation has arrived in the Superior Court in Pima County. AZTurboCourt is available for civil case initiation and civil subsequent filing in the Pima County Superior Court beginning February 17, 2015. Opening a civil case and submitting additional materials related to the case used to require a visit to the Clerk of the Superior Court. In-person trips to the Clerk…
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    Course and Scope: A Connecticut Worker's Compensation Law Blog

  • 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…
  • Uber, Lyft and Worker's Compensation

    James Aspell
    17 Feb 2015 | 8:28 pm
    By Robert Wilson at Two separate lawsuits seeking to define drivers as employees rather than independent contractors could end up forcing ride sharing services like Uber and Lyft to start providing workers’ compensation and other employment benefits to their drivers around the country. In separate lawsuits filed (by the same attorneys) in U.S. District Court in San Francisco, attorneys are seeking class action status to represent Uber and Lyft drivers nationwide, but are using California's labor law, since both Uber and Lyft reference that state's laws in their…
  • Failure to consider Medicare's Interests can prove costly in settling claims

    James Aspell
    13 Feb 2015 | 5:06 pm
    Federal Circuit Court Finds Employment Discrimination Settlement Lacking Medicare Details Binding, Leaving Parties Unprotected from MSP Viewpoint By Settlement Solutions, February 12, 2015 2:59 pm On February 11, 2015, the United States Court of Appeals for the Second Circuit published its opinion on Hoover v. New York State Department of Corrections and Community Supervision, Albion Correctional Facility, Sue Wojcinski, Sandra Durfee, Angie Maume, and Donna Baker, finding that if defendants considered plaintiff’s Medicare status to be critical in deciding whether to settle, they should…
  • Worker's Comp Mileage Rate Increases

    James Aspell
    12 Feb 2015 | 5:43 pm
    The mileage reimbursement rate for all travel expenses incurred on or after January 1, 2015 has increased to 57.5 cents per mile. This rate change applies to all claimants, regardless of injury date, and coincides with the federal mileage reimbursement rate pursuant to Section 31-312(a) of the Workers’ Compensation Act. Click here to read more about mileage reimbursement rates, including those for travel expenses incurred in past years.
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    Law Donut blog feed

  • Why mediation is worth attempting for couples facing separation

    19 Feb 2015 | 3:17 am
    Since the introduction of The Children and Families Act 2014 there has been a significant difference in how family dispute cases are handled, most notably the encouragement and use of mediation. Because of legislative changes, a separating couple must now demonstrate that they have attempted mediation by attending a MIAM (a Mediation Information and Assessment Meeting) before further proceedings. This method of settling family disputes relies on both parties mediating with the end goal of forming a joint understanding with issues in dispute. The benefits of mediation Mediation can prevent…
  • Immigration law infographic

    3 Feb 2015 | 2:47 am
    This useful infographic, from Taylor Rose Law, looks at an employer's responsibilities and liabilities around an employee's right to work.  
  • Missing persons: how the law has changed to help families

    19 Jan 2015 | 7:55 am
    In November last year, the National Crime Agency reported that someone is recorded as missing in the UK every two minutes. Its findings were based on research released by the National Crime Agency’s UK Missing Persons Bureau, which analysed statistics for the year 2012–2013. This means that, on average, police forces in the UK are dealing with some 838 missing person reports every day. Although the vast majority of those reported missing are found safe and well, a small number (in the region of 3%) remain unfound. Not knowing what has happened to a loved one is a distressing and traumatic…
  • What must your business do to comply with the EU Consumer Rights Directive 2014?

    13 Jan 2015 | 1:25 am
    New EU Consumer Rights Directives came into effect on the 13 June 2014, but many online retailers are still not compliant. So, how did the rules change? Update terms & conditions for delivery and cancellation Cancellation periods: Increased from seven to 14 days. If you don’t specify the cancellation period customers have a one-year return period automatically. Refunds: Refunds must include the standard delivery charge. Buyers choosing more expensive delivery options are only entitled to a refund of standard postage. Delivery dates: Orders must be delivered without undue delays within…
  • Three top tips for an effective business plan

    7 Jan 2015 | 3:56 am
    Not only is a business plan the single most important document you need in order to attract potential investors to help fund your business, it also lays out clear objectives and strategies that act as a blueprint for your success. Research has shown that start-ups who have a business plan raise twice as much capital as those without one so that is a testament to the importance of getting it right. So, here is some advice on the key points you should keep to ensure that you have a clear, well-structured and effective business plan. 1. Don’t underestimate the importance of the executive…
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    Colorado Construction Litigation

  • 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…
  • Colorado Senate Bill 15-177: This Year’s Attempt at Reasonable Construction Defect Reform

    David M. McLain
    17 Feb 2015 | 7:48 am
    On February 10, 2015, Senators Scheffel and Ulibarri introduced Senate Bill 15-177, which is sponsored in the House by Representatives DelGrosso and Singer. SB 15-177 amends the prerequisites, found in the Colorado Common Interest Ownership Act (“CCIOA”), for an association to file a construction defect action.  The bill has been assigned to the Senate Committee on Business, Labor, and Technology but not yet scheduled for hearing.The major points of the bill include: 1) enforcement of a mediation or arbitration provision contained in the original governing documents of a common…
  • Insurer’s Duty to Defend: When is it Triggered? When is it Not?

    David M. McLain
    9 Feb 2015 | 10:30 am
    In Colorado it is well recognized that an insurer has a broad duty to defend its policyholder against pending claims.  An insurer’s duty to defend is triggered when the underlying complaint against the insured alleges any set of facts that might fall within the coverage policy. Greystone Construction, Inc. v. National Fire & Marine Insurance, Co., 661 F.3d 1272, 1284 (10th Cir. 2011). Even if the insurer’s duty to defend is not clear from the pleadings filed against the insured, the insurer’s duty to defend is triggered if the claim is potentially or arguably within the policy…
  • The Great Fallacy: If Builders Would Just Build It Right There Would Be No Construction Defect Litigation

    David M. McLain
    19 Jan 2015 | 10:14 am
    As the 2015 Colorado legislative session gets into full swing, there is a lot of anticipation and discussion regarding this year’s construction defect reform bill.  It seems like every time a reporter broaches this issue in an article, there is a quote from a plaintiffs’ attorney stating that if builders would just build homes right, there would be no need for construction defect litigation. This is the sentiment expressed in the site  The problem with this argument is that it assumes that the “construction defects” for which associations sue are…
  • Senator Ray Scott Introduced a Bill to Reduce Colorado’s Statute of Repose for Construction Defect Actions to Four Years

    David M. McLain
    15 Jan 2015 | 11:21 am
    For those of you reading this blog who are familiar with Colorado’s law as it pertains to construction defect actions, which I assume to be anyone reading this blog as it does not seem to get much random traffic, you are probably aware that the statute of repose applicable to construction defect actions in Colorado is generally thought of as being six plus two years. Specifically, C.R.S. § 13-80-104 states, in pertinent part:(1)(a)  Notwithstanding any statutory provision to the contrary, all actions against any architect, contractor, builder or builder vendor,…
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    Consumer Rights

  • The experience at the Passport Seva Kendra – needs a lot of optimization

    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

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

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

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

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

  • 4 Reasons You Should Integrate Clio with NetDocuments

    John H. Roth II
    26 Feb 2015 | 1:54 pm
    As a software consultant, I love when systems integrate with each other. Improving the flow of information in any business helps reduce data entry, improve customer service, and increase sales. So when I come across systems that solve different problems but also work together, I must admit I geek out a little bit. NetDocuments is a robust cloud-based document management system, allowing firms to control, manage and collaborate on documents – from any location. Clio is the leading cloud-based practice management system for solo to midsized law firms. Their open API allows third-party…
  • What’s Your Technology Report Card?

    Michael O'Neill
    18 Feb 2015 | 12:49 pm
    Imagine the state of technology at your firm was evaluated or graded on five “subjects” (i.e., math, chemistry, literature). What would those be? In other words, what high-level benchmarks can a firm look at in order to gain a more accurate understanding of their use of technology? We define a few key components that comprise what we consider are some of the “mission-critical” elements for technology at any firm: continuity, performance, backup, security, and risk mitigation. These are “macro” indicators – something you can look at in the abstract, rather than have to dig for in…
  • Accellis Technology Group Named 2015 NEO Success Award Winner

    Accellis Technology Group
    18 Feb 2015 | 5:54 am
    Accellis is proud to announce our selection by Inside Business magazine as a 2015 NEO Success Award winner! This is the sixth year that we have received this recognition. Established in 1995 as a way to showcase the success of business in our region, the NEO Success Awards program annually recognizes the top-performing companies in Northeast Ohio. NEO Success Award winners reflect the region’s determination to expand and revitalize its economic status. The NEO Success Award is unique in its combined measurement of business success in sales, growth and profitability. Accellis was also added…
  • 5 of My Favorite Features in Amicus Premium 2015

    Colleen Heine
    11 Feb 2015 | 5:27 am
    Photo credit: As a Certified Consultant for Amicus Attorney, I’ll been spending some time upgrading firms to the newest release of their Premium Edition software. The 2015 version boasts some pretty exciting enhancements so I wanted to share some of my top favorite features. 1) Updated interface The product development team at Gavel & Gown revamped the look and feel of Amicus Attorney with this release. Many of the familiar buttons, drop-downs, and lists have a more flat and simplified look in the desktop application. A minimalized UI…
  • City Club of Cleveland to Hold Panel Discussion on Cybersecurity

    Abbie Hosta
    10 Feb 2015 | 12:26 pm
    Image courtesy of The City Club of Cleveland FBI veteran Joseph M. Demarest, Jr., Key Bank CEO Amy G. Brady, and Vice President and CIO of Partners HealthCare James Noga will be panelists on the upcoming discussion, “Hacked: The Threat of Cybersecurity,” on February 20, 2015 at the City Club of Cleveland. The City Club is a vibrant, dynamic, and diverse Forum for citizens and thought leaders invested in understanding and discussing the issues and ideas that shape the region, nation, and the world. In a world of hyper-partisanship, the City Club is a beacon for reason, free speech and a…
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    The Litigation Consulting Report

  • [New Webinar] 5 Ways to Maximize Persuasion During Opening Statements

    25 Feb 2015 | 5:24 am
      by Ken LopezFounder/CEOA2L Consulting If you can win the battle of opening statements, you'll likely win your trial. Up to eighty-percent of jurors will make up their minds about your case during opening statements. In this webinar you'll learn the top-five ways to maximize persuasiveness during opening statements. From how to tell compelling stories to visually supporting your key arguments, this one-hour will reveal the best secrets from courtroom persuasion experts. Ryan H. Flax, Esq., A2L's Managing Director of Litigation Consulting is an accomplished litigator who helps trial…
  • Do I Need a Local Jury Consultant? Maybe. Here are 7 Considerations.

    12 Feb 2015 | 5:50 am
      by Ken LopezFounder/CEOA2L ConsultingDo I really need a local jury consultant? It's a question that I hear our clients struggle with frequently. The answer is maybe you do, maybe you don't. The gut instincts of many are that a jury consultant who regularly works in the jurisdiction will provide special insights that trial counsel, often admitted pro hoc vice for purposes of trial, could use to persuade the jury more effectively and have first-hand knowledge that will help in jury selection because of specific, local nuances. I understand the instinct, since - when going to trial - you…
  • Is Litigation Coming for Major Retailers of Herbal Supplements?

    6 Feb 2015 | 7:04 am
      by Ken LopezFounder/CEOA2L Consulting In case you missed it, the New York Attorney General's Office dropped a bombshell this week. They have accused major retailers including Wal-Mart, Target, Walgreen's and GNC of knowingly selling supplements that contain either none of what is advertised (an incredible 80% of the time) or something else entirely. The herbal supplement industry is estimated to have close to $100 billion in annual sales. That's about five times the revenue of all AmLaw 200 law firms combined. Once I saw the New York Times piece reporting on this issue, I wanted to…
  • How PowerPoint Failures in Demonstrative Evidence Can Sink a Case

    2 Feb 2015 | 1:28 pm
      by Ryan H. FlaxManaging Director, Litigation ConsultingA2L Consulting We strongly advocate that counsel must use a visual presentation to support his or her oral argument at trial (and anywhere they need to be persuasive). This most commonly happens during opening statements and closing arguments at trial and the dominant format for such presentations is PowerPoint – a very good tool. However, like cutting your own hair or doing your own dental work, we must again caution you that you must really know what you’re doing because your case may depend on it. On January 22, 2015, the…
  • 5 Tips For Inter Partes Review Hearing Presentations at the PTO

    29 Jan 2015 | 12:57 pm
      by Ryan H. FlaxManaging Director, Litigation ConsultingA2L Consulting Inter Partes Review, or IPR, has drastically changed the way we litigate patent infringement in the U.S. In big-budget patent cases, it is now almost inevitable that an IPR will be requested (and likely granted). The process is supposed to take no longer than a year to complete, but under current case law that’s a year’s delay in the district court case. Moreover, the odds are that any patent that enters IPR will not leave it unscathed. So, whether you need to win an IPR to save your client’s patent’s claims…
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    Africa Music Law™

  • Wizkid v. Davido, Skales, Samklef, Saeon, Isn’t he Tired of Fighting?

    23 Feb 2015 | 8:10 pm
    I don’t know about you all but for me, unless it is fighting in a courtroom or for a purposeful cause, it is really tiring to just fight for the sake of fighting. That is why I am wondering how many fellow artists Wizkid will need to fight before he takes a break? He has...
  • Celebrities Behaving Badly: Wizkid v. Skales “Even When the Label Wanted to Drop Your A**, I was there for you!”

    23 Feb 2015 | 7:38 pm
    Wizkid really? You read, you should know better.  You are now a label boss and owner not a teenager. Drop the kid in your name and “man” up! Skales, did you really have to respond? *Smh* Two record label owners acting very immature. They must not be thinking about their brands, longevity and investors....
  • Alex Ibru’s Daughters SUE Step-Mother Over Will #WillsEstateProbate

    23 Feb 2015 | 7:13 pm
    We don’t see this as often on Africa Music Law. However, this is quite an interesting case where daughters of the deceased publisher Alex Ibru sue their step-mother over interfering with their father’s will. The area of law is what is known as Wills, Estate and Probate Law. It is not my practice area, although...
  • VIDEO: Chris Brown & Tyga on the Business of Music, Drake Beef, Amber Rose & Kylie Jenner

    22 Feb 2015 | 9:45 am
    Chris Brown on the Business of Music, Drake Beef, Amber Rose & Kylie Jenner. Topics covered: Chris Brown actually having no personal drama. Chris Brown staying committed to his girlfriend. The Business of Music. Touring. Working with Tyga. Tyra leaving Cash Money Records. Chris Brown/Tyga “beef” with Drake & Much more. Warning: Explicit content -Uduak
  • Artist Branding: (Video) Amber Rose, Kanye West, Khloe Kardahsian & all the FOOLISHNESS.

    22 Feb 2015 | 9:39 am
    Ain’t nobody got time for the nonsense mud slinging on social media between the Kardashians, Amber Rose, Kanye West & Khloe Kadarshian. However, it is necessary to underscore these ‘Celebrities Behaving Badly’ for the purpose of emphasizing artist branding. It’s a topic we discuss often on AML. Question: AML artists, how do you think all...
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    New Jersey Injury Attorney Blog

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

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

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

    24 Feb 2015 | 11:08 am
    Truck Accident Attorney California If you feel uncomfortable traveling alongside large trucks on the highway, you may have good reason. According to The National Highway Traffic Safety Administration (NHTSA), 2012 fatalities involving large trucks went up over 4% from the previous year. In 2012, 3,921 people died in accidents involving these large vehicles. Of these fatalities, a whopping 83% were non-occupants of the truck involved. That means when a fatal accident occurs involving a large truck, it is far more likely the person not in the truck will be the victim. The NHTSA also says that…
  • The Best Car Accident Lawyer California for Better Settlement and Compensatio

    20 Feb 2015 | 5:28 am
    Some unfortunate situations can never be predicted and it can have catastrophic impacts with respect to finance, emotional, and physical damages. When in an accident, it is necessary to consult with a lawyer as they can provide legal representation in the court of law and help to get compensation for the losses sustained by the victim. Many people think that consulting a lawyer may be a bad idea as they make promises initially but as the case progresses, the prospect of those promises becoming a reality is less. A genuine lawyer is a professional who helps the client to get justice and feels…
  • Seek Legal Help from California Car Accident Lawyer

    20 Feb 2015 | 5:20 am
    I recently met with a serious car accident during one of my business trips. I was in very bad state both mentally and physically. Apart from the emotional turmoil and stress, I had to deal with many other issues as well. This is when I approached one of my friends and asked if him if there are any lawyers who can help me handling my claim issues. I was completely unsure about my next course of action. That was when my friend suggested to me that I should hire the services of a successful law firm in California. This firm assigned a reputed and experienced attorney for me. This attorney helped…
  • Law Firm in California- Get Expert Legal Representation for your Case

    20 Feb 2015 | 5:18 am
    The law firm in California helps people in fighting for their rights in cases of personal injury, accidents, or wrongful deaths. Many times, it so happens that people are not able to get proper guidance from attorneys to redeem their finance after an injury, fearing that it may be too expensive and a complex process. I went through a very difficult and stressful time when I met with a car accident. The accident took place at the intersection of roads. The driver of the other car failed to see the red light of the signal and dashed into my car. The accident was a complete mishap as I got…
  • Get Justice Immediately with the Help of Personal Injury Lawyer California

    20 Feb 2015 | 5:15 am
    Personal injuries or accidents can be dreadful for you and your family. It becomes hard to keep going as you are entangled with the physical and emotional injuries. The financial debt makes your mind restless and you have to be physically dependent on others to take any action. This was my situation a month back when I witnessed a severe accident after which I was bed ridden for long time. Personal injures come with medical expenses. This is the time when personal injury lawyer California comes to the rescue to claim for compensation. I was physically and emotionally drained out that time. I…
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  • [News] Helping Clients Take Advantage of Facebook’s New “Legacy Contact” Feature

    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?

    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,…
  • Creating a Marketing Plan That WORKS for Your Law Practice

    4 Feb 2015 | 5:59 am
    There are so many parts and pieces when it comes to marketing a law practice, that it can get a little overwhelming.  Instead of taking a helter-skelter, see-what-works approach to marketing the practice, it’s a good idea to come up with a consistent plan to follow.  A law practice marketing plan doesn’t have to be set in stone, as you’ll want to monitor it and make occasional adjustments based on results; but it is a practical way to organize your approach and stay on track. Just as with any other part of marketing, the marketing plan can be done in many different ways.  For those…
  • [SWIPE] Our Best Email Subject Lines of 2014

    30 Jan 2015 | 3:46 pm
    I love January.  A New Year always brings new opportunities to review the inner-workings of our businesses and see how we can proactively make changes, or improve upon things that are already working for the year ahead. This week I’m actually battling walking pneumonia (BOO!), so in between rest and loads of chicken soup, I decided to dig in and take a peek back at our top performing email subject lines of 2014. Email marketing is such a HUGE part of our business and a huge part of our attorneys’ businesses, as well.  Whether it’s sending out weekly email newsletters, promotional…
  • New SEO Techniques for Lawyer Marketing

    15 Jan 2015 | 1:37 pm
    Anyone who is marketing a law firm online understands that Google is very important.  Most computer users will go directly to Google, type in their search term, and hope they get back good information.  Your goal, of course, is for your law firm to show up in results that come back.  There are methods for improving your ranking in those results, referred to as SEO, or search engine optimization. No one knows with absolute certainty how exactly Google determines which sites to pull into a user’s SERP (search engine result pages), and the algorithms used change as much as 600 times a…
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    Victor Alexander - Atlanta Workers Compensation and Atlanta Personal Injury Attorney

  • 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…
  • 81 day Rule: When is Evidence “Newly Discovered”?

    Victor Alexander
    10 May 2012 | 8:42 am
    An employer argued that evidence was “newly discovered” because it was not available when benefits were voluntarily commenced within 21 days of knowledge of the injury.  CitingGeorgia Power v. Pinson, 167 Ga. App. 90 (1983), the employer contended that because toxicology results could not possibly have been procured before the employer commenced benefits before the 21st day under O.C.G.A.§34-9-221(h), the evidence falls under the definition of ‘newly discovered evidence.’ In Pinson, the court held that in order to qualify as newly discovered evidence, ‘[t]he evidence sought to…
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    Idaho Criminal Defense Blog

  • 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…
  • Panel Kills Public Defender Changes in Idaho - Don't Blame the Defenders!

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

  • 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…
  • Accident on Highway 70 after Driver Falls Asleep

    Kelly Balamuth
    13 Jan 2015 | 12:22 pm
    On January 6 at 5:40 a.m., a two-vehicle collision occurred when a 37-year-old woman fell asleep while driving her Mazda 6, allegedly crashing into the SUV in front of her. The 37-year-old driver of the Explorer then lost control, crashing his Explorer into the center divider. Both suffered only minor injuries. All drivers have a legal obligation to drive safely while looking out for the safety and well-being of others. Unfortunately, falling asleep while driving is an all too common occurrence, as the National Highway Traffic Safety Administration estimates that 2.5 percent of fatal crashes…
  • Balamuth Law Spread Holiday Cheer with Brighter Beginnings

    Kelly Balamuth
    22 Dec 2014 | 9:28 am
    Balamuth Law – including Kelly Balamuth and her three kids, Grady, Piper and Truitt, – are spreading holiday cheer this year by adopting a family through Brighter Beginnings. Brighter Beginnings is an organization devoted to helping parents and children who have limited resources year round in the Contra Costa and Alameda Counties. Not only does the organization help provide food and supplies to families in need, but it also offers family healthcare services, childhood development programs, and family-strengthening education groups. This year, Balamuth Law adopted a family of five…
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    New Jersey Injury Attorney Blog

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

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

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

  • The Dangers Of Slips Trips And Falls
    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
    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
    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.
  • Can I Make A BT Oscillator Hearing Claim?
    12 Jan 2015 | 8:50 am
    Get The Quick Answer!   BT engineers who worked for BT before the 1990s may suffer from tinnitus and hearing loss of various levels of severity. This is due to... The post Can I Make A BT Oscillator Hearing Claim? appeared first on Loyalty Law.
  • The Most Blunderful Time Of The Year
    21 Dec 2014 | 10:29 am
    As we come up to Christmas, please bear in mind that this really is the most blunderful time of year. Crowded houses, crowded pubs, sharpened knives and scalding hot grub... The post The Most Blunderful Time Of The Year appeared first on Loyalty Law.
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    Strictly Business

  • 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”…
  • Venture Capital Term Sheet Negotiation — Part 15: Rights of First Refusal and Co-Sale

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

  • 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…
  • Are Your Kids Ready for Springtime Bicycling Fun?

    Maples Law Firm
    9 Feb 2015 | 8:28 am
    Spring is just around the corner, which means that it’s almost time for children throughout Oklahoma City to hit the road on their bicycles once again. If your kids are like most other kids, chances are good that they’ve grown over the winter. Making sure helmets and bicycles fit them properly is one way to improve their safety when they pedal out once again. Get your kids and their bicycles ready for riding fun by doing these activities with your kids. You’ll also help them learn to take care of their own equipment and to understand why bicycle safety matters. Helmet check. Have your…
  • NHTSA, Automakers Announce Massive Vehicle Recall

    Maples Law Firm
    2 Feb 2015 | 8:18 am
    The National Highway Traffic Safety Administration (NHTSA) and several automakers recently announced a recall that will affect over 2.1 million vehicles, according to an article in the Detroit Free Press. Experienced auto accident attorneys throughout Oklahoma and the rest of the country are watching the news unfold, aware of the risks that hidden defects pose to drivers and passengers. The recall covers vehicles in model years 2002, 2003, and 2004, including the Jeep Cherokee, Grand Cherokee, and Liberty; the Dodge Viper; the Toyota Corolla, Matrix, and Avalon; the Pontiac Vibe; the Honda…
  • Pedestrian Crash Deaths on the Rise Nationwide

    Maples Law Firm
    19 Jan 2015 | 8:22 am
    The rate of motor vehicle accidents nationwide has plummeted in recent years – but the rate of pedestrian deaths in car crashes is increasing, according to the most recent pedestrian death report released by the National Highway Traffic Safety Administration (NHTSA). To many experienced Oklahoma pedestrian accident lawyers, the numbers signal that more must be done in order to protect those who walk on or near the nation’s streets. When a car collides with a pedestrian, severe injuries and death can easily result. In 2012, 4,743 pedestrians lost their lives and another 76,000 were injured…
  • Honda Pays Record Fines After Failing to Report Vehicle Injuries and Deaths

    Maples Law Firm
    12 Jan 2015 | 11:35 am
    Honda Motor Co. recently agreed to pay fines totaling $70 million dollars in the United States after an investigation by the National Highway Traffic Safety Administration (NHTSA) revealed that the automaker had failed to meet its obligations under the federal Early Warning Reporting System, according to an article in the Huffington Post. A NHTSA investigation began looking into Honda’s reports to the Early Warning Reporting System, which collects information about vehicle damage, warranty claims, injuries, and deaths that may point to a hidden vehicle defect or other serious problem.  The…
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    » Blog

  • Potential Cuts to Social Security Disability in Pennsylvania

    Jay Solnick
    25 Feb 2015 | 10:10 am
    Earlier this month, the Senate Budget Committee held hearings on Social Security Disability (SSD). It is possible that, unless Congress acts otherwise, these fund reserves will be depleted, leaving an aging workforce in trouble. This could make it more difficult to obtain SSD benefits, even if you are entirely eligible. Dealing with your injury is stressful enough, without also having to worry about debt and paying the bills. If you are experiencing a medical condition which prevents you from working, at Philadelphia’s Solnick & Levin LLC our Pennsylvania personal injury attorneys…
  • Dangers of the Construction Industry

    Jay Solnick
    20 Feb 2015 | 10:19 am
    Pottsgrove, our neighbor to the northwest, has seen an increase in motor vehicle accidents on its roadways in recent years, prompting new, much-needed construction projects. With improvements, however, come dangers for participants in the projects. Construction zones create dangers for drivers and the construction workers themselves that are working on or near traffic on the roadway. Consider an Ohio demolition project that recently received national attention when one construction worker died and another suffered injuries when an overpass collapsed. While this was a complete tragedy, the…
  • Social Security Benefits in Pennsylvania: Understanding Your Options

    Jay Solnick
    18 Feb 2015 | 12:42 pm
    If you are one of the nearly 150,000 in Pennsylvania who have filed Social Security Disability claims in the past year, you may have questions about your benefits. The Pennsylvania Social Security Disability Bureau of Disability Determination (Bureau) works hand-in-hand with the federal Social Security Office to determine whether disabled persons are entitled to disability benefits. Understanding Social Security Disability Claims Social Security Disability Insurance (SSDI) provides federal funds to those who have been disabled or unable to work due to a medical condition. The standards are…
  • Workers’ Compensation: A Fine Line Between Business and Pleasure

    Jay Solnick
    13 Feb 2015 | 12:13 pm
    The Pennsylvania Commonwealth Court recently addressed yet another controversial issue regarding a former employee’s workers’ compensation rights. Blurring the lines between work and pleasure is a constant struggle in determining the validity and soundness of workers’ compensation claims. The standard is that the circumstances surrounding the incident leading to the accident or injury must be within the workers’ scope of employment to be considered valid. Scope of employment involves doing something within the purview or direction of a superior, or carrying out duties typical to your…
  • Understanding Contributory Negligence

    Jay Solnick
    11 Feb 2015 | 8:56 am
    When a person is injured in an accident, a common defense is contributory negligence. This is a legal term that implies that yes, the person who caused the accident did something wrong, but the person that got injured was doing something wrong too. The wrongdoer is essentially deflecting his wrongdoing onto the injured party. In auto accidents, a wrongdoer may allege that the injured party was distracted, texting, speeding, or doing something else that contributed to the cause of the accident. What Does Comparative Negligence Mean for My Auto Accident Case? If you have been harmed in an auto…
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    Baron & Budd, P.C. | Protecting What's Right

  • Oilfield Layoffs Report in Dallas Morning News Features Baron and Budd Attorney Allen Vaught

    Baron &#38; Budd
    25 Feb 2015 | 2:20 pm
    DALLAS (Feb. 25, 2015) – Attorney Allen Vaught of the national law firm of Baron and Budd was featured in a February 18, 2015 Dallas Morning News article detailing the toll that mass layoffs are taking on oilfield workers and how some workers are fighting back with Baron and Budd’s help. In many instances, these workers are being let go without being given the written advance notice generally required by the Worker Adjustment and Retraining Notification (WARN) Act. Passed into law in 1989, the WARN Act is designed to protect workers who have been laid off by giving them a period of…
  • Oilfield Mass Layoffs With No Advance Written Notice: Baron and Budd Files Lawsuit Against Energy Company for Failure to Comply with WARN Act

    Baron &#38; Budd
    11 Feb 2015 | 11:43 am
    Law Firm Represents Oilfield Workers Terminated in Mass Layoffs DALLAS (Feb. 11, 2015) – The national law firm of Baron and Budd announced today that it is representing oilfield workers who allege they were terminated by Patterson-UTI Drilling Company, LLC in violation of the Worker Adjustment and Retraining Notification Act (WARN). Employees who worked at Patterson Drilling’s Dickinson or Midland facility and were terminated without proper written notice may be eligible to participate in the lawsuit, which was filed in the U.S. District Court for the Southern District of Texas,…
  • Nursing Home Abuse Attorneys Baron and Budd Representing Plaintiffs in Elder Abuse Cases

    Baron &#38; Budd
    4 Feb 2015 | 10:42 am
    Nursing Home Abuse Lawyers Help Protect Rights of Those Experiencing Elder Abuse and Neglect in Long-Term Care Facilities DALLAS (Feb. 2, 2015) – Baron & Budd announced today it is furthering its commitment to protecting what’s right and raising awareness of nursing home abuse. The firm will help fight the fight for families whose loved ones have been injured by the actions, or inactions, of nursing homes and help them receive the settlement they deserve. According to the National Center on Elder Abuse (NCEA), studies show that nearly half of nursing home residents surveyed said…
  • Ingredient Found in Common Vinegar Proves Effective in Killing Mesothelioma Cells, Baron and Budd Reports

    Baron &#38; Budd
    30 Jan 2015 | 10:27 am
    Researchers Show that Acetic Acid Could Possibly Be a Feasible Treatment DALLAS (Jan. 30, 2015) – A team of Japanese researchers recently published a study showing that the application of acetic acid – an ingredient found in common, household vinegar – may be effective in killing mesothelioma cells, reports the mesothelioma law firm of Baron and Budd. The results of the research team’s work were published in the December 2014 issue of the Journal of Gastroenterology and Hepatology. The researchers, according to the study, came to their conclusion after they added acetic acid to a…
  • Employment Lawyer Baron and Budd Reports Oil and Gas Workers Should Be Aware of their Employment Rights Under the WARN Act

    Baron &#38; Budd
    14 Jan 2015 | 4:21 pm
    Employment Lawyer Baron and Budd Informs Energy Sector Employees May Be Owed Statutory Damages If Not Properly Informed of Upcoming Layoffs. Lean more here: WARN Act Violations If you or a loved one has been laid off without being given notice by an employer covered under the WARN Act, please get in touch with the national law firm of Baron and Budd as quickly as possible. Contact us online or call 1.866.262.1553. DALLAS (Jan. 14, 2015) – As oil prices drop, layoffs in the energy sector continue to be likely. The national law firm of Baron and Budd wants energy industry employees to know…
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    Protecting What's Right

  • 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…
  • Last Call: June 8 is the Absolute FINAL DEADLINE to File Claims Against BP For the Gulf Oil Spill

    Baron &#38; Budd
    9 Feb 2015 | 10:43 am
    If you or your business suffered an economic loss due to the BP Gulf Oil Spill, you may be able to file a claim to receive financial compensation. However, the last date to file a BP claim is June 8, 2015. We repeat: June 8 is the absolute final deadline to file claims against BP for the Gulf Oil Spill. What that means is: If you or your business was hurt by the BP Gulf Oil Spill and you have not yet filed a claim against BP, you must do so before June 8 — or else lose the opportunity to hold BP accountable and receive financial compensation. Filing a claim against BP should not be…
  • It’s Once Again Time to Rise Up and Squash the FACT Act

    Baron &#38; Budd
    5 Feb 2015 | 3:09 pm
    It’s back. An insidious piece of legislation known as the Furthering Asbestos Claim Transparency Act (HR. 526), or FACT Act, is once again making the rounds in Congress. Sponsored by Rep. Blake Farenthold, R-Texas, the FACT Act would require administrators of asbestos bankruptcy trusts to provide quarterly reports disclosing information about people seeking compensation for asbestos-related diseases such as mesothelioma. Rep. Ben Quayle, R-Ariz., first introduced the bill in 2012 but it was not passed. Farenthold then introduced the FACT Act of 2013. It passed the House but did not make…
  • Elder Abuse in Nursing Homes: A Bigger Problem Than You Think

    Baron &#38; Budd
    3 Feb 2015 | 4:01 pm
    People live longer now. And, thanks to the Boomer Generation, we’re talking a lot of people. The 2010 Census recorded the greatest number of people 65 years and older in census history. Currently, people age 85 and older are the FASTEST growing segment of  the U.S. population. What’s more, according to the U.S. Census Bureau, around 20 percent of the total U.S. population will be composed of senior citizens by the year 2050. In this day and age, many of us will be lucky enough to live for a very, very long time. Unfortunately, there’s a serious drawback to a long life, and…
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    Hardwick & Pendergast - Seattle Personal Injury and Car Accident Attorneys

  • 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…
  • Hardwick & Pendergast, P.S. Voted “10 Best” in Client Satisfaction in Personal Injury

    Hardwick &#38; Pendergast, P.S.
    5 Feb 2015 | 11:35 am
    The legal team at Hardwick & Pendergast, P.S. is thrilled to receive the “10 Best” award in Client Satisfaction for the second year in a row from the American Institute of Personal Injury Attorneys. For over four decades, Hardwick & Pendergast, P.S. has been dedicated to helping those who have been injured through no fault of their own, and client satisfaction has always remained a top priority. To be recognized by the AIOPIA among our peers in the state of Washington is a great honor, and receiving the “10 Best” award for two consecutive years is a reflection of our…
  • New Washington State Law Would Prevent All Cell Phone Use

    Hardwick &#38; Pendergast, P.S.
    2 Feb 2015 | 11:51 am
    Under current Washington State law, you cannot text or hold your phone up to your ear to make a call while driving. However, you can talk while holding your phone away from ear. There are several gray areas regarding using your phone for reasons other than sending a text or making a call. A new bill recently introduced in the state Senate, however, aims to clear up the gray areas and close the loopholes. According to a recent news report in the Seattle Press Intelligencer, if the new bill passes, it would eliminate all handling of cell phones while behind the wheel. In fact, drivers in…
  • Female Bicyclist Hurt in West Seattle Crash

    Hardwick &#38; Pendergast, P.S.
    26 Jan 2015 | 2:58 pm
    A woman was injured in a Seattle car accident when a car struck her bicycle. According to a news report in, the bicycle accident occurred at Delridge Way and 17th SW in Seattle. The bicyclist was transported by private ambulance to a nearby hospital. In order to determine the cause of a Seattle bicycle accident, investigators may need to interview witnesses, examine the crash site, and review footage from nearby video cameras. If you are injured in a Seattle crash, it would be in your best interest to: Remain at the crash site. Call the authorities right away. Provide your…
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    Farah and Farah Legal Blog

  • 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…
  • More Than One in Five Fatal Crashes Involve Drowsy Drivers

    Farah & Farah
    18 Feb 2015 | 5:55 am
    Drivers commonly underestimate their ability to drive while tired. The same person who would never drive while under the influence of alcohol may not even hesitate to get behind the wheel when fatigued. It is a fact that fatigued driving can prove as dangerous as drunk driving, and a large number of fatal auto accidents are caused by drowsy drivers. According to the AAA Foundation for Traffic Safety, more than one in five fatal crashes involve driver fatigue. Approximately one third of crashes involving a drowsy driver result in injuries. Furthermore, there are over 6,000 fatigue-related…
  • Aging and Dangerous Tires on School Buses

    Farah & Farah
    16 Feb 2015 | 9:54 am
    Traveling by school bus is widely considered the safest way to transport your child to school. According to the National Highway Traffic Safety Administration (NHTSA), 58 percent of student fatalities involve teen drivers, 23 percent of students killed in car accidents are traveling with an adult driver and only one percent of students killed are traveling by school bus. School buses are designed to be safe for students and they can often absorb a collision without causing much of a disturbance to the passengers. However, many of our school buses are old and are in need of inspections,…
  • Jacksonville Officials Seize 74 Million Worth of Illegal Drugs

    Farah & Farah
    2 Feb 2015 | 9:46 am
    U.S. Customs and Border Protection Office of Air and Marine agents stopped two boats that were allegedly carrying $74 million worth of illegal drugs. According to Jacksonville Business Journal, one boat was stopped by Costa Rican law enforcement on January 18, 2015 and another boat was seized on January 20, 2015 by authorities based in Jacksonville. In the first drug bust, five crew members were detained and 1,313 pounds of marijuana was recovered. In the second arrest, an unknown number of smugglers were arrested and over 950 pounds of cocaine were seized. The U.S. Customs and Border…
  • Florida Highway Safety Laws Have Fallen Behind

    Farah & Farah
    26 Jan 2015 | 3:13 pm
    One way that state governments can actively reduce the number of injury accidents is to pass and enforce traffic safety laws. There are a number of laws, such as seat belt laws and texting laws, which can save lives. According to the 2015 “Roadmap of State Highway Safety Laws,” from the Advocates for Highway and Auto Safety, Florida ranks among the worst in the country for failing to adopt state laws that can prevent traffic accidents. Florida is one of only nine states that received a red (danger) rating in the study. Florida only has six of the 15 basic traffic laws enacted. For…
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    Pennsylvania Family Law Blog - The Law Offices of Sheryl R. Rentz

  • 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…
  • Top Questions to Ask a Divorce Lawyer

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

  • Grand jury taking up officer-involved shooting today –

    Florida Jury - Google News
    26 Feb 2015 | 5:31 pm Grand jury taking up officer-involved shooting todayTallahassee.comIn the four previous incidents, a grand jury found that officers were justified in their use of force. On May 12, officers killed 39-year-old robbery suspect Tommy Jackson on Florida State University's campus following a car chase. Less than three …and more »
  • Defendant Takes Stand in Historic Medical Marijuana Trial – NBC 6 South Florida

    Florida Jury - Google News
    26 Feb 2015 | 4:38 pm
    Defendant Takes Stand in Historic Medical Marijuana TrialNBC 6 South FloridaTeplicki suffers from a severe case of anorexia which suppresses his appetite and makes him nauseous. Broward Sheriff's Office deputies arrested him last year for the cultivation and possession of 46 marijuana plants. For the first time in Florida …
  • Lawyer for Al-Jazeera Journalist Blasts Canadian Government – ABC News

    Lawyer - Google News
    26 Feb 2015 | 4:09 pm
    Lawyer for Al-Jazeera Journalist Blasts Canadian GovernmentABC NewsThe lawyer for a Canadian Al-Jazeera journalist criticized the Canadian government Thursday for not doing enough to secure his release from Egypt. Mohamed Fahmy is out on bail awaiting retrial after more than a year behind bars in Egypt on …and more »
  • Fort Walton Beach Florida Criminal Defense Lawyer

    Florida's Top Rated Attorney
    26 Feb 2015 | 2:53 pm
    The Best Fort Walton Beach Florida Criminal Defense Lawyer in Florida can be found by visiting The Best Fort Walton Beach Florida Criminal Defense Lawyer in Florida can be found by visiting The Law Offices of Fort Walton Beach Florida are by far the best law firms for they get the best results time and time again. Clients all concur that this Fort Walton Beach Legal office and Associates are the lawyers to take on your side when you have a legal issue the looks un-winnable. From high profile cases to swift motions, this team of lawyers have…
  • Boston Bombing: Tsarnaev Lawyers Say Not Enough Minorities in Jury Pool –

    Lawyer - Google News
    26 Feb 2015 | 1:12 pm Boston Bombing: Tsarnaev Lawyers Say Not Enough Minorities in Jury PoolNBCNews.comBOSTON — Lawyers for the Boston Marathon bombing suspect asked a judge Thursday to dismiss the indictment against their client or suspend his trial, saying there weren't enough minorities and younger people in the jury pool. The move by lawyers for …Lawyer: Supreme Court ruling may nix Tsarnaev pal's convictionBoston HeraldUS high court ruling good for accused Boston bomber's friend: lawyerReutersall 385 news articles »
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    Bauer Crider & Parry

  • Can the Police Search My Cell Phone Without a Warrant?

    David Parry
    19 Feb 2015 | 7:17 am
    Last June, the US Supreme Court unanimously ruled that law enforcement may not search the cell phones of criminal suspects upon arrest without a warrant. This landmark decision, the first by the Court to address computer searches, brings the Constitution’s Fourth Amendment protection against “unreasonable searches and seizures” into the modern digital age. Criminal suspects […] The post Can the Police Search My Cell Phone Without a Warrant? appeared first on Bauer Crider & Parry.
  • What are My Miranda Rights After Arrest?

    David Parry
    13 Feb 2015 | 2:12 pm
    Anyone who has watched a police drama on TV or film has heard the ubiquitous phrase, “You have the right to remain silent…” But, what does it really mean? What are my rights after arrest? Should I speak to the police? Can my attorney speak for me? Can the police lie to me during interrogation? […] The post What are My Miranda Rights After Arrest? appeared first on Bauer Crider & Parry.
  • Can Drug Possession Ever Constitute Drug Trafficking?

    David Parry
    5 Feb 2015 | 11:22 am
    Under Florida law, “drug possession” is an offense committed by someone who did not manufacture, distribute, or sell the controlled substance. Instead, the person probably held the controlled substance for personal use. State laws mandate a varying range of punishments for “drug possession” offenses. The potential penalty for a “drug possession” charge depends on the […] The post Can Drug Possession Ever Constitute Drug Trafficking? appeared first on Bauer Crider & Parry.
  • Understanding Florida’s Gun Laws

    David Parry
    9 Sep 2014 | 11:34 am
    Although it’s usually illegal to openly carry a weapon in the state of Florida, there are some exceptions to this law. In fact, for self-defense, it is legal to openly carry weapons like dart-firing stun guns, nonlethal stun guns and electric weapons, and chemical sprays. Also, in certain places and situations, citizens may legally possess […] The post Understanding Florida’s Gun Laws appeared first on Bauer Crider & Parry.
  • Could Marijuana Decriminalization Be on Its Way to Florida?

    David Parry
    9 Aug 2014 | 11:35 am
    Florida recently became the only southern state to put legalizing marijuana for medical use on the 2014 ballot. The state legislature’s decision to include it comes on the heels of recent changes in the legal status of marijuana possession in states across the country. In 2012, Colorado and Washington passed measures allowing, regulating and taxing […] The post Could Marijuana Decriminalization Be on Its Way to Florida? appeared first on Bauer Crider & Parry.
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    PA Law Blogs

  • Compensation for Zofran Birth Defects

    PA Law Blogs
    26 Feb 2015 | 8:57 am
    Women who took Zofran to treat morning sickness and gave birth to a child with Zofran birth defects may be entitled to compensation. Zofran pregnancy use may increase the risk of birth defects The anti-nausea drug was approved by the U.S. Food and Drug Administration to treat nausea related to radiation and chemotherapy. Zofran was not approved for use in pregnant woman, but GlaxoSmithKline (GSK) illegally marketed the drug to doctors as a treatment for morning sickness. The Centers for Birth Defects Research and Prevention published a study in 2012 suggesting that women who took Zofran…
  • New Memoir Sheds Light on commonly Misdiagnosed Birth Defect

    PA Law Blogs
    23 Feb 2015 | 8:47 am
    In his recently published memoir, Beyond the Grip of Craniosynostosis: An Inside View of Life Touched by the Congenital Skull Deformity, Kase Johnstun travels throughout America to interview families struggling with a rare but commonly misdiagnosed birth defect. Birth Injury Medical Misdiagnosis Craniosynostosis is a birth defect that happens when one or more of the sutures between the bones of the skull close prematurely and prevents the brain from growing into its natural shape. Craniosynostosis can alter the growth pattern of the skull and result in abnormal head shape and facial features.
  • Ohio Clinic Helps Seniors Prevent Slip and Fall Accidents

    Anapol Schwartz
    18 Feb 2015 | 7:15 am
    One out of every three adults aged 65 and older suffers a slip and fall accident each year, according to the Centers for Disease Control and Prevention (CDC). slip and fall accidents Slip and fall cases can result in severe, often fatal injuries. To help seniors prevent injury, the Ohio State University Wexner Medical Center opened a fall prevention clinic. The slip and fall clinic provides a comprehensive assessment of a patients fall risk based on their overall health and home environment. Physicians measure a patient’s medical history, including history of falls, and they conduct…
  • Compensation for Medical Malpractice Victims

    Anapol Schwartz
    17 Feb 2015 | 1:05 pm
    A Philadelphia medical malpractice lawyer may be able to help medical negligence victims seek compensation for their injuries. Medical malpractice victims may be eligible for compensation Medical Malpractice is occurs when a healthcare provider fails to provide a patient with the accepted standard of care. Medical malpractice can cause life altering injuries or wrongful death.  When a person’s life is forever changed by a negligent physician, compensation may be available. Victims deserve to be compensation for costs incurred as a result of a medical mistake.  A patient’s death or…
  • Xarelto Lawsuit MDL Established in Philadelphia

    PA Law Blogs
    10 Feb 2015 | 8:17 am
    The First Judicial District Court of Pennsylvania recently granted a motion which had been filed that requested that Xarelto lawsuits be consolidated into a mass tort litigation. Xarelto lawsuit MDL The lawsuits contend that Johnson & Johnson’s Janssen Pharmaceuticals unit and Bayer HealthCare Pharmaceuticals failed to instruct Xarelto users to regularly monitor their blood levels to determine bleeding risk and adjust dosage when necessary. Failing to do so could lead to uncontrollable bleeding even after one dose. Internal bleeding caused by Xarelto is not reversible, as there is no…
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    IMC Law Group

  • Mortgage Modification

    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?

    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

    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  
  • 5 Bankruptcy Myths

    2 Feb 2015 | 9:18 am
    5 Bankruptcy Myths and the Reality Behind Them by: Jonathan Goldsmith Cohen Myth: Bankruptcy relief is no longer available. Reality: The bankruptcy code changed in 2005. Prior to 2005, I was a bankruptcy paralegal. I saw the changes firsthand. Almost all of the relief available through bankruptcy before the changes to the law in 2005 survive in today’s bankruptcy code.   Myth: Medical bills cannot be discharged in bankruptcy. Reality: Medical bills can certainly be discharged in bankruptcy. This myth is perpetrated by debt collectors, who think that they can scare people into…
  • Top 10 NJ Bankruptcy Myths Debunked

    21 Jan 2015 | 7:34 am
    by: Jonathan Goldsmith Cohen Be sure to visit our Google Plus Page. Top 10 NJ Bankruptcy Myths Debunked 1. Bankruptcy Myth or Reality? Myth: All debts are wiped out in Chapter 7 Bankruptcy. Reality: Not quite but most debt can be wiped out. What cannot be discharged in bankruptcy? Child support and alimony, student loans, restitution for a criminal act, and debts incurred as the result of fraud. 2. Bankruptcy Myth or Reality? Myth: Everyone will know that I have filed for bankruptcy. Reality: No! Your friends, neighbors, relatives, and employer will not know that you have filed for bankruptcy…
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    SEC Lawyers Blog

  • Sonn|Erez Investigating Claims Involving Marc William Evans and Sales of Investments in Global Safety Labs, Inc., and Real Estate-Related Limited Partnerships

    26 Feb 2015 | 7:26 am
    Sonn|Erez is investigating claims regarding Marc William Evans (CRD #859585, Tulsa, Oklahoma) for selling investments in Global Safety Labs, Inc., and several real-estate related limited partnerships, none of which were approved by his member firm. Evans recently submitted an AWC in which he was fined $10,000, suspended from association with any FINRA member in any capacity for 13 months and ordered to pay $56,572, plus interest, in disgorgement of commission. See FINRA Case #2013038421801. The suspension is in effect from December 15, 2014, through January 14, 2016. Evans was registered with…
  • SEC Charges VCAP Securities and Brett Thomas Graham with Committing Fraud During CDO Liquidations

    20 Feb 2015 | 6:22 am
    The Securities and Exchange Commission recently announced charges against New York City-based brokerage firm VCAP Securities and its CEO, Brett Thomas Graham, for fraudulently deceiving other market participants while conducting auctions to liquidate collateralized debt obligations (CDOs). VCAP and Graham together agreed to pay almost $1.5 million to settle the SEC's charges, and Graham is barred from the securities industry for a minimum of three years. The SEC found that VCAP and Graham improperly arranged for a third-party broker-dealer to secretly bid at auctions on behalf of their…
  • Sonn|Erez Investigating Claims Involving UBS's V10 Enhanced FX Carry Strategy

    17 Feb 2015 | 8:26 pm
    Sonn|Erez is investigating claims regarding UBS's V10 Enhanced FX Carry Strategy ("V10"), "in which the switch from long to short and back is systematically driven by a trading algorithm," according to UBS' website. When the European debt crisis hit in mid-2010, however, the index to which the notes were tied lost 26 percent in two years, according to Bloomberg. The currency product generated sales commissions for the bank, and provided the opportunity to profit from the buying and selling of the underlying currencies, according to Bloomberg. In addition, V10 was especially profitable for…
  • Sonn|Erez Investigating Claims Involving Michael Evangelista and Real Estate-Related Investments in Promissory Notes or Limited Partnership Agreements

    12 Feb 2015 | 5:50 am
    Sonn|Erez is investigating claims regarding Michael Christopher Evangelista (CRD #2361644, West Chester, Pennsylvania). Evangelista recently submitted an AWC in which he permanently was barred from association with any FINRA member in any capacity. See FINRA Case #2012035327601. From November 1994 to December 2012, Evangelista was registered with the following FINRA regulated broker-dealers: (1) Capital Analysts, Inc. from November 1994 to December 2007; (2) Cambridge Investment Research, Inc. from January 2008 to May 2012; and (3) Comprehensive Asset Management and Servicing, Inc.
  • Recording Shows UBS Pressured Doubtful Brokers to Sell High Risk Puerto Rico Funds

    11 Feb 2015 | 10:44 am
    Reuters reports that in April 2011 brokers at UBS Puerto Rico had grave concerns about selling high-risk Puerto Rico-focused bond funds to their clients. The brokers created a list of 22 reasons why they weren't selling more of the bond funds based upon their own views and input from clients, including the funds' lack of liquidity, excessive leverage, oversupply, and instability, according to Reuters. Miguel Ferrer, then chairman of UBS Financial Services Inc., of Puerto Rico, rejected the brokers' views. In a June 2011 audio recording obtained by Reuters, Ferrer met with brokers in San Juan,…
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    Broward Injury Lawyer Blog

  • Sanders v. Erp Operating Ltd. P’ship - Florida Premises Liability Case Weighed

    26 Feb 2015 | 9:53 am
    Generally speaking, our laws don't allow one party to be held liable for the wrongdoing of another. However, when it comes to premises liability - in particular, negligent security - there are numerous examples of property owners held liable for criminal acts committed on site. In negligent security claims, the crux of the argument is the criminal attack/injury would not have occurred but for a property owner/manager's failure to secure the site or provide protection for plaintiff, as they had a responsibility to do. This was the allegation in Sanders v. Erp Operating Ltd. P’ship,…
  • Florida Supreme Court Strengthens Liability Waiver Defense

    20 Feb 2015 | 9:21 am
    The Florida Supreme Court recently ruled in favor of the decision by the 5th District Court of Appeals to uphold the validity of a release of liability waiver signed by a plaintiff who was later injured. In so doing, the state high court cast aside the rulings of the four other appellate courts in the state, which had decided in other cases to make it tougher for defendants to use waivers as a defense. This is not great news for injured plaintiffs. However, it does not mean liability waivers will now totally absolve individuals or companies from negligence or that these waivers should go…
  • Florida Bicyclist Wins Right to Ride in Full Lane

    12 Feb 2015 | 12:50 pm
    The vitriol against bicyclists by motorists is such that even when they abide by the law, they still may be targets of harassment, road rage and, all too often, hit-and-runs. However, one South Florida man who commutes to work on his bicycle, didn't expect to be ticketed by police while he operated his bicycle defensively - and lawfully. Yet that's reportedly what happened recently in Lee County. The cyclist was ticketed last fall for "slow bike, failure to ride to right curb." At the time, the rider was cycling in the full lane as he biked to his office in North Fort Myers. That was the…
  • Brown v. Pennicook - South Florida Crash Victim Wins $1.8M in Damages

    6 Feb 2015 | 12:18 pm
    A Florida driver who suffered serious injuries in a 2009 auto accident in Hollywood was recently awarded $1.8 million in damages against the at-fault driver's insurer by Broward Circuit Court jury, following a six-day trial. In Brown v. Pennicook, defense fought hard against the notion plaintiff's injuries were caused by the crash. Instead, defense focused intensively on an old work-related shoulder injury, a pre-existing degenerative condition and the assertion by one doctor that crash-related injury was nothing more than a sprain that didn't even necessitate surgery. Plaintiff presented…
  • Florida Hit-and-Run Crashes Up 32 Percent

    30 Jan 2015 | 1:19 pm
    In Dania Beach, a man stands accused of killing an 8-year-old boy and seriously injuring his 14-year-old brother before fleeing the scene. Authorities found the 22-year-old after he reportedly attempted to have the vehicle repaired at an auto body shop. He has since been charged with one count of leaving an accident scene involving death, one count leaving the scene of a crash involving serious bodily injury and one count of tampering with physical evidence. Despite a new Florida law that increased penalities for hit-and-run drivers, raising the punishment for those charged leaving the scene…
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    Chicago Immigration Lawyer Blog

  • Expansion of DACA

    16 Feb 2015 | 9:05 pm
    President Obama finally announced his plans to overhaul U.S. immigration policies via executive action. This blog post will focus on the President's initiative to increase the amount of people who can be eligible for Deferred Action for Childhood Arrivals (DACA). Eligible individuals will be granted deferred action and work authorization for three years under this expanded DACA program. This expansion also eliminates the upper age limit of 31, so anyone who meets the remaining requirements can apply. Please note that this provision was dealt a set back by a US district court ruling which has…
  • Fiancé(e) Visas

    31 Dec 2014 | 10:07 am
    U.S. citizens who want to bring their foreign citizen fiancé to the U.S. to marry and live here should apply for a K-1 fiancé(e) visa to sponsor their fiancé's travel to the U.S. The K-1 visa allows the foreign national to come to the U.S. to marry their U.S. citizen fiancé(e) within 90 days of their arrival. The marriage must take place within those 90 days or your fiancé(e) will be required to leave the U.S. You must meet the following requirements to be eligible to petition for a fiancé(e) visa: The petitioner must be a U.S. citizen. You must intend to get married within 90 days of…
  • U Visa - Filing for Derivative Family Members

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

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

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


    13 Feb 2015 | 1:19 pm
    To my faithful dear reader (whomever you may be), let me update my terribly outdated blog. During my hiatus from blogging, there has been no shortage of news stories pertaining to criminal law and justice throughout South Florida and the United States, and I have been unfortunately delinquent in covering these developments. So here it goes. THE MICHAEL BROWN CASE In my last blog post, I discussed the shooting of Michael Brown. When I wrote the article, we only had a clouded understanding of the facts. We knew: (1) an officer stopped Michael Brown for jaywalking; (2) Michael Brown was unarmed;…

    14 Aug 2014 | 5:31 pm
    This week's disturbing news coming out of Ferguson, Missouri, is highlighting the troubling trend of militarization in American law enforcement agencies; a trend which is occurring right here in South Florida, as it is in most parts of the country. To be sure, the Ferguson Police Department is facing a tremendously difficult situation. The disgusting looting that broke out over the weekend, which resulted in at least one convenience store burning to the ground, calls into focus the need for police to reestablish law in the relatively small St. Louis suburb of Ferguson. The overwhelming…

    25 Jun 2014 | 9:17 pm
    This week, the State of Florida has amended its "Stand Your Ground Law," allegedly "expanding" the law to protect "warning shots." The apparent impetus for this legislation was the conviction and sentencing of Ms. Marissa Alexander, who was sentenced to a 20-year, "minimum-mandatory" prison term for supposedly shooting a "warning shot" at her husband. While a portion of the legislation provides welcome reform, the new legislation also includes some puzzling shortfalls. At its heart, the law is simply redundant, because "warning shots" were already protected under the law. What's more, a…

    8 May 2014 | 12:13 pm
    Recently, the United States Supreme Court handed down its opinion in Navarette v. California, in which the Court upheld the validity of a traffic stop that was based upon a largely uncorroborated anonymous tip that the defendant's vehicle ran another vehicle off the road. After stopping the vehicle, California Highway Patrol officers discovered 30 pounds of marijuana in the vehicle's truck bed. While the defendant was never charged with D.U.I., the logic of the Court's opinion will undoubtedly affect D.U.I. cases throughout South Florida, because the opinion explicitly holds that an anonymous…

    18 Apr 2014 | 10:34 am
    This past week saw another addition to the never-ending story of school administrators making incredibly stupid disciplinary decisions. Awhile back, a Pennsylvania educator responded to an incident of bullying by contacting a law enforcement officer to assist in investigating the incident. That alone wasn't necessarily objectionable. Surely, some cases of bullying are so extreme as to justify the involvement of the police. However, did the school contact law enforcement to investigate the bullies? No, of course not! They wanted to investigate the victim! The victim's alleged crime? The…
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    Marketing Attorney Blog

  • 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.
  • LPT: (Women) Progressing into Partnership--Road Rules for a New Role

    6 Jan 2015 | 11:16 am
    The December 2014 issue of Law Practice Today (LPT) is dedicated to the theme of New Partners, in advance of the annual ABA New Partners Institute in Washington, DC on April 17th. Amy Drushal of Trenam Kemker (a speaker for the NPI and co-chair of the first NP conference a few years back) served as issue editor. I will also be presenting at NPI (and has served on the planning committee each year) on the topic of business development. However, at the recent ABA Women Rainmakers Mid-Career Workshop, I spoke on the topic of women progressing into partnership. While not talking, I took copious…
  • LP Magazine - Embracing the Changing Face of PR (and a tribute to Lou Corletto)

    6 Jan 2015 | 10:20 am
    In the November/December 2014 issue of the ABA's Law Practice magazine, I write about Embracing the Changing Face of PR. In the column, I write about how much the concept of PR has changed with time and technology. While I still believe that PR is a significant part of business development, the way you utilize it and how it works has little resemblance to the way that it functioned a decade or two ago. With print deadlines for Law Practice coming about four months prior to publication, it was summertime when I sat down to write this piece. What the column does not tell you is why I chose this…
  • ABA Women Rainmakers Mid-Career Workshop: Progressing into Partner--Road Rules

    3 Oct 2014 | 8:50 am
    The biannual ABA Women Rainmakers Mid-Career Workshop will take place November 7-8, 2014 at The US Grant hotel in San Diego, California. I will be speaking on a panel entitled "Progressing into Partner--Road Rules," with an esteemed faculty that includes Rori Goldman of Hill Fulwider, Ali Sylvia of Plews Shadley Racher & Braun and Law Practice Division chair Bob Young of English Lucas Priest & Owsley. I often remark to people that as a summer associate at Bernstein Shur in Portland, Maine, I quickly realized that my personality and career goals did not equate to a likelihood of becoming a…
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    Dallas Divorce Law Blog

  • 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 On Same-Sex Marriage Unconstitutional. (Tuesday February 17, 2015) Fox 4 News interview with Steve Eagar and Michelle O’Neil regarding Texas first same sex marriage: Attorney talks state’s first legal same-sex marriage (Thursday February 19, 2015)…
  • 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…
  • Substituted Service Through Facebook

    Michelle O&#039;Neil
    17 Feb 2015 | 9:34 am
    Service by Social Media When a new lawsuit is filed, whether it is a divorce in Dallas County, Texas or any other type of suit, the responding or defending party has a right under the Constitution to be personally service with citation. Also called “service of process”, this means that the party who filed for divorce must request the clerk of the court to issue citation upon the responding party and it must be served by an authorized neutral third party (such as a constable or process server). If a temporary hearing is scheduled, notice of hearing must also be served on the…
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    Massachusetts Drug Injury Lawyers Blog

  • Johnson & Johnson Settles Four Transvaginal Mesh Cases

    6 Feb 2015 | 2:07 pm
    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 devices. Tens of…
  • Lipitor Injury Lawsuits Against Pfizer Blame the Drug for Diabetes

    9 Jan 2015 | 8:33 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

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

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

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

  • 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…
  • Recovery of Attorney's Fees in Landlord-Tenant Actions in New York

    12 Feb 2015 | 7:11 am
    One of the most frequently asked questions when our firm meets with a new client relates to the awarding of attorney's fees. Many of our landlord-tenant clients ask us whether they can recover their attorney's fees in Court from the other party in the litigation. The answer to this question is not a simple one, and this blog post will answer under what circumstances a party may recover their attorney's fees from the other party, whether in a landlord-tenant litigation, or other type of case. The general rule in most United States based lawsuits is that all parties pay their own attorney's…
  • For Sale By Owner

    28 Jan 2015 | 7:51 am
    Our attorneys handle many real estate transactions on behalf of our clients each year. Most clients selling their houses, cooperative or condominium units use the services of a licensed real estate agent. Other sellers chose to sell without the use of such a professional. These transactions are known as for sale by owner ("FSBO"). While we interact with real estate agents on a regular basis, it is not the purpose of this blog post to argue for the use of a real estate agent in your transaction. Our purpose is to distinguish the nature of our legal representation in transactions with and…
  • Legal Issues Relating to Subtenants in New York State

    8 Jan 2015 | 7:37 am
    First, we would like to wish all followers of our blog a happy and healthy 2015. We look forward to continued successful legal outcomes for all of our clients in the New Year. Our copy of Black's law dictionary defines a subtenant as "one who leases all or part of the rented premises from the original lessee for a term less than that held by the latter." What this means is that, ordinarily, a tenant rents premises from a landlord, who is usually the owner of the property. The tenant may, in turn, rent her interest as a lessee to another party. That other party is generally known as a…
  • An Estate Dispute Involving the Fine Line between Lent or Gifted Artwork and Bequests Under a Will

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

  • 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,…
  • Travel Smart: Update Your Estate Plan Before You Travel

    Krause Donovan Estate Law Partners
    28 Jan 2015 | 6:00 am
    Travel Smart: Update Your Estate Plan Before You Travel Are you planning a big trip this year? If so, you may have already began jotting down your travel to-do list to make sure that you do not miss anything for your big trip. Planning your wardrobe, checking travel arrangements and making reservations for meals and entertainment are probably high on your list. However, you should also take note of several estate planning “to do” items that should also be checked off your to-do list before you leave on your trip. Reviewing your estate plan before you leave will give you the peace of mind…
  • Avoid Estate Planning Mistakes to Protect Your Loved Ones

    Krause Donovan Estate Law Partners
    22 Jan 2015 | 8:00 am
    Avoid Estate Planning Mistakes to Protect Your Loved Ones No one likes to think about the end of his or her life; however, it is something that we all must face. In part, we do not want to think about the loved ones that we are leaving behind when it is our time say goodbye. It is because of your loved ones that you should think about estate planning. Estate planning protects your loved ones during a time when they are emotional and may not be thinking clearly. By taking steps now to ensure that your estate planning is up-to-date and includes all of the necessary estate planning tools, you…
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    San Diego Divorce Lawyer Blog

  • 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…
  • California Court Reviews "Move Away" Order in Child Custody Case

    17 Feb 2015 | 10:24 am
    In many divorce cases, spouses find it difficult to reach a mutually agreeable child custody arrangement. Parents are typically at odds with respect to the logistics and parental responsibilities in a custody dispute. There are specific matters to resolve, namely "legal" and "physical" custody, as well as a visitation schedule. But it is important to keep in mind that California law governs virtually every significant element of a divorce case, including the Family Code, the Code of Civil Procedure, the California Rules of Court, and local court rules. For this reason alone, anyone going…
  • Without a Transcript, Court Has Limited Authority to Review Spousal Support Decision

    10 Feb 2015 | 3:08 pm
    Couples facing divorce most certainly have a great deal on their minds, such as the financial and emotional wellbeing of their family members after the parties go their separate ways. There are many practical considerations to address, such as how to evenly divide the marital property and who gets spousal support (and how much). Many of these issues are governed by California law, which can become quite complicated in the midst of trying to sort through the emotional turmoil of divorce. To ensure that you are adequately presenting your case and protecting your financial rights, it is…
  • California Court Looks to "Essence" of the Parties' Agreement in Divorce

    3 Feb 2015 | 12:08 pm
    Divorce by its very nature tends to create an adversarial relationship between the once-aligned spouses. There is no doubt that the parties will seek to protect their own, now-individual, financial, practical, and emotional interests -- perhaps even at the other party's expense. But in most cases, the couple could benefit from reaching a consensus or at least some mutually agreeable middle ground when it comes to some of the more serious issues to be resolved in divorce. Accomplishing this difficult task can save the parties time, money, and heartache. An experienced San Diego family law…
  • California Court Decides Issue of First Impression in Child Custody Case

    27 Jan 2015 | 8:26 am
    Child custody issues typically arise within the confines of a divorce or legal separation proceeding. But couples who have never married and have a child together could still face legal obstacles if they separate and cannot agree to a parenting plan governing child custody or visitation. In such a situation, there could also be matters of paternity to address. California family law dictates in large measure the procedures to follow when trying to sort through any custody and visitation issue. Fortunately, an experienced San Diego family law attorney can help parents resolve any legal issues…
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    Maritime & Cruise Ship Accident Lawyer Blog

  • Medical Malpractice on a Cruise Ship May Now Be a Viable Claim

    Gerson &#38; Schwartz, P.A.
    30 Jan 2015 | 3:46 pm
    If you’re on a cruise ship, and you’re injured as a result of medical malpractice, federal law which governs injuries at sea has been fairly consistent that you cannot recover damages against the cruise line as a result of the negligence. There have been all kinds of excuses to deny recovery under a malpractice theory. One shouldn’t expect the same medical care on a ship as they do on land. Cruise ships are not floating hospitals, and shouldn’t be held to a medical malpractice standard the same way real medical facilities are. Or, the doctors on the ship are independent contractors,…
  • “Flags of Convenience” are a Dangerous Loophole for Cruise Passengers

    Gerson &#38; Schwartz, P.A.
    10 Dec 2014 | 3:31 pm
    When you take a cruise, you may or may not notice the flag flying on the top of the ship. If you look, you’ll notice the flag usually isn’t an American one. And if you listen to cruise commercials you may hear the words “ship’s registry,” followed by the name of a country. Likely, you don’t know what that means or how it affects you. But it has a huge impact on cruise safety, and there’s a good reason that you don’t see many flying under the American flag. What is a Flag of Convenience? The flags that fly on cruise ships that are from foreign countries are often called…
  • Employees Injured at Sea Have Different Rights Than Those Injured on Land

    Gerson &#38; Schwartz, P.A.
    3 Dec 2014 | 3:33 pm
    We speak a lot on this blog about injuries to cruise line passengers, and injuries that happen on leisure cruise ships. But injuries can also happen to employees at sea also. Employees can be those on a large cruise line, but they may also include those working on private vessels, smaller touring ships, ferries, or fishing and work boats. Injured workers at sea have much greater protections than workers on land, subject to state law, would have. Here’s a quick rundown of how federal law differs from state law when it comes to helping employees injured at sea get recovery for their injuries.
  • Yet Another Cruise Norovirus Outbreak Reminds Us Of Inherit Cruise Risk

    Gerson &#38; Schwartz, P.A.
    19 Nov 2014 | 1:41 pm
    Well, it’s happened again. Although we seem to be told repeatedly by the cruise industry that norovirus outbreaks are sporadic and preventative measures are improving, in seems that once again, a cruise ship and its passengers have fallen victim to an outbreak. Princess Cruise Suffers Large Virus Outbreak This time it was a Princess Cruise line that experienced the outbreak. The cruise, leaving from Los Angeles, to Hawaii and then Tahiti, suffered an outbreak that affected 172 people on board. Most of the affected were passengers, but 14 crewmembers were sickened as well. The CDC, which…
  • New Case a Reminder How Important it is to Read Cruise Ticket

    Gerson &#38; Schwartz, P.A.
    12 Nov 2014 | 7:55 am
    We’ve discussed a lot about cruise tickets, and the burdens they put on cruise passengers who are seeking to sue a cruise line for damages and injuries. A recent case has come out that has unfortunately said nothing new, again emphasizing how restrictive the terms of cruise tickets can be. Passenger Sues in Wrong Venue The case involved a passenger who was seeking to sue Royal Caribbean for injuries she sustained on a cruise. Her cruise ticket had a one-year statute of limitations to bring such actions, and she narrowly beat that deadline. However, she sued in Miami-Dade circuit (state)…
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    The EmpLAWyerologist

  • Can Your Severance Agreements Withstand an EEOC Challenge?

    26 Feb 2015 | 4:00 am
    I wrote about severance agreements in 2013  here, here and here, where I addressed the key elements needed for an enforceable severance agreement, and compliance with the Older Workers’ Benefits Protection Act OWBPA.  This time, we are going to look at other facets.  There are very few (if any) employment law topics on which the EEOC has not weighed in, and severance agreements are no exception. Join The EmpLAWyerologist after the jump to learn what the EEOC might have to say about your severance agreements… As you may recall from my previous posts your severance agreement can…
  • Hiring Candidates with Criminal Backgrounds: More From Our Guest Blogger

    19 Feb 2015 | 4:00 am
    Our guest blogger, Lisa Forbes of LFI, returns this week to tell us more about why it is in your interest as an employer to consider hiring candidates with a criminal history. Click here if you missed last week’s post. Otherwise join us as we hear more from Lisa on this very timely, very relevant issue– after the jump, of course! What types of positions do you recommend employers fill by considering hiring restored citizens? I believe we need a mind-set that envisions qualified, professional restored citizens in career level positions.  Many restored citizens while incarcerated…
  • Why You Should Consider Hiring Candidates with Criminal Histories: A Guest Blogger Speaks

    12 Feb 2015 | 4:00 am
    This week we have a special guest blogger, with a very unique perspective on the subject of hiring candidates with criminal histories. Her name is Lisa Forbes. Lisa has studied law and various rehabilitation treatments to learn how to restore herself and others with criminal histories. Through her work in the prison system, the Illinois Institute for Community Law and Free F.U.T.U.R.E.S., Lisa has helped countless restored citizens develop skills to gain employment and identify employment opportunities. Lisa’s mission is to change the mindsets of the decision makers in companies so…
  • Do You Have to Offer Your “Temps” Coverage Under the ACA?

    5 Feb 2015 | 4:00 am
    We have been hard at work these last few weeks de-mystifying the ACA–as much as we can in any case. If you missed those posts or would like a review, you can find them here, here, here and here.  Let’s assume that you: a) have enough employees to be on the ACA Radar; b) have counted the full-time employees on your payroll;  c)offered them and their dependents affordable coverage with minimum value. Sounds like you’re good to go, unless…you contract with a staffing company to temporarily augment your workforce. Who is the employer of those “temps”? You?
  • Do Your Wellness Programs Satisfy The ACA — and the ADA?!!

    29 Jan 2015 | 4:00 am
    Did you know that the Affordable Care Act allows employers to include Employee Wellness Plans as a means to cut health care costs? According to a Gallup poll, more than 85% of employers with 1000 or more employees offer Employee Wellness Programs, but only 60% of these companies’ employees are aware of such plans and only 24% take advantage of them. Wellness programs are intended to reward employees for participating in programs that enable employees to adopt healthier lifestyles. Sounds good, right? The Affordable Care Act sets certain standards for these programs. Now, if you could…
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    Atlanta Injury Lawyers Blog

  • Treating Cerebral Palsy: A List of Resources, Part I

    6 Feb 2015 | 12:37 pm
    Cerebral palsy, a condition resulting from injuries to a child's brain while in the womb or at birth, can lead to impaired movements, speech, and motor skills. While these symptoms can make every day life challenging, treatments are available to aid those with CP in alleviating some of these symptoms. As stated by the National Institute of Neurological Disorders and Stroke (NINDS), "Many children go on to enjoy near-normal adult lives if their disabilities are properly managed." Below is a list of some of the options available to those with CP to make every day life more manageable, as well…
  • Cerebral Palsy in the News: Woman With CP Writes 60,000 Word Novel With Left Foot

    30 Jan 2015 | 12:02 pm
    When Hu Huiyuan was born, she was not expected to live more than a few days. She survived these odds, and ten months later, her parents were told that she had cerebral palsy, according an article recently posted by the Daily Mail. The 21-year-old Chinese woman's movements are so limited by CP that she is only able to control her head and her left foot properly. However, this condition has not stopped Hu, who taught herself to read and write and to type on a keyboard with her foot, ultimately leading her to create a 60,000-word novel.
  • Cerebral Palsy and Its Different Forms, Part II

    16 Jan 2015 | 6:37 pm
    Last week, we discussed the various different kinds of cerebral palsy (CP), a condition resulting from injuries to a child's brain while in the womb or at birth. The four main types of CP, spastic cerebral palsy, dyskinetic cerebral palsy, ataxic cerebral palsy, and mixed cerebral palsy, vary in the different parts of the body they affect and also how they affect the body. While we explained spastic and dyskinetic cerebral palsy in depth last week, this week, we delve into the characteristics of ataxic and mixed cerebral palsy.
  • Cerebral Palsy and Its Different Forms, Part I

    8 Jan 2015 | 8:37 pm
    Cerebral palsy (CP), a condition resulting from injuries to a child's brain while in the womb or at birth, is often referred to simply as "cerebral palsy." However, CP can be divided into various different types, according to the Centers for Disease Control and Prevention (CDC). There are four main types of CP, which we have mentioned in a prior post and discuss in more detail here: spastic cerebral palsy, dyskinetic cerebral palsy, ataxic cerebral palsy, and mixed cerebral palsy. In this post, we will discuss the first two types: spastic cerebral palsy and dyskinetic cerebral palsy.
  • "Voir Dire is Scary (This is the Truth)": Nelson Tyrone Published in Verdict Magazine, Part II

    2 Jan 2015 | 8:13 am
    Last month, we announced that Verdict Magazine, journal for the Georgia Trial Lawyers Association, had published an article written by Nelson Tyrone of Tyrone Law Firm. That post summarized the first half of the article, which discusses the challenges attorneys face during voir dire, the process by which potential jurors for a trial are selected. Today, we explain the second half of the article.
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    The Federal Criminal Appeals Blog

  • 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…
  • Short Wins - the Restitution Edition

    11 Feb 2015 | 6:05 pm
    In this set of short wins, the one that I'd like to call attention to is United States v. Cuti. Restitution is not a sexy issue. It isn't as fun to read about as, say, a Brady fight, or a glaring evidentiary problem at a trial. But it's important. Restitution judgments can be massive and, frankly, too many lawyers, judges, and prosecutors phone it in around restitution. United States v. Cuti clarifies that what counts as restitution is not just any money that any person may have spent as a result of the criminal conduct at the heart of the case. If you've got a restitution issue coming up,…
  • Ponzi Schemes, Loss, and Credit Against Loss

    5 Feb 2015 | 7:44 am
    In white-collar cases, loss drives the sentencing guidelines. If a person is convicted of a federal fraud charge, probably the single biggest legal issue that will matter to that person's sentence is what the loss amount is. By contrast, the biggest thing about the case that will matter is what judge the person draws. It's better to have a great sentencing judge and a high loss amount than a low loss amount with a judge who sentences more aggressively. But I digress. The government's view of most fraud cases, in my experience, benefits from the clarity of hindsight. After everything has…
  • Short Wins - the Entrapment and Appeal Waiver Edition

    4 Feb 2015 | 6:35 pm
    There are two cases in this batch of short wins that I think deserve a special shout out. First, there's United States v. Torres-Perez. Appeal waivers are the bane of federal criminal practice (or one of them). Their only advantage is that they make prosecutors' lives easier. The downside, which is significant, is that they discourage the development of the law. I'd rather have the government work more and know what the law is. Though I may be crazy. In Perez, the Fifth Circuit slapped down an appeal waiver requirement in order to get credit for a acceptance. Second, there's United States v.
  • When Accepting a Guilty Plea, a Court Should Make Sure the Person Pleading Guilty Is Actually Pleading Guilty

    23 Jan 2015 | 3:06 pm
    United States v. Fard is a nice study in the wrong way for a lawyer to handle a plea hearing. Let me say, at the start, that I get that a plea hearing can be hard. Sometimes a lawyer sees what's in his client's best interests more clearly than the client. There can be a temptation to push a client really hard to take a plea when the client doesn't want to. And getting a client who has reluctantly inked a plea through a plea hearing can also be hard. There are few things you can do to handle that. Maybe you spend more time with the client explaining why a plea makes sense. Maybe you talk -…
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    Boston Injury Lawyer Blog

  • 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…
  • Trial Lawyers in Massachusetts are Preparing for Attorney-Conducted Voir Dire

    23 Jan 2015 | 11:17 am
    Massachusetts will soon join the majority of other states in permitting personal injury attorneys (and pro se parties) to conduct voir dire during the jury empanelment process. Superior Court Standing Order 1-15 allows attorneys to directly question the jury venire in civil and criminal cases. This new empanelment procedure comes into effect as attorneys will also be allowed to argue monetary damages to a jury on behalf of a plaintiff. Superior Court Standing Order 1-15 becomes effective on February 2, 2015. This is an interim Order which will remain in effect until the Supreme Judicial Court…
  • SRE - Hospital "Never Events"

    7 Jan 2015 | 8:18 am
    Unfortunately, injuries in hospitals are all too common. One class of such injuries has been labeled as "never events", a term used to describe medical errors that should never happen under any circumstances. The Massachusetts Department of Public Health ("DPH") calls these types of injuries "serious reportable events" ("SRE") and there are regulations that outline what events constitute a SRE (for example, surgery on the wrong leg) and what a hospital is required to do should SRE occur during the course of a patient's care. The regulations require hospitals, within seven (7) days, to report…
  • 2014 Holiday Safe Shopping Guide

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

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

  • 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…
  • Collateral Monetary Damage in South Florida from Home Depot Security Breach

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

  • Domestic violence legal advice

    David Rosen
    25 Feb 2015 | 1:03 am
    D Rosen A fresh report published this morning by the charity ‘Safe Lives’, has produced the following findings: 85% of people who suffer domestic violence, suffer on average 50 incidents over a period of three years before doing something about it. 23% of victims have been to Accident and Emergency with injuries. Professionals miss an average five chances to help victims. Victims suffer for around three years before getting help. One in four women is abused during her lifetime. One in six men is abused during his lifetime. Domestic Violence legal definition Such violence and abuse is not…
  • Perceptions and Expectations of Litigants in Person (‘LIPS’): A commercial Litigator’s perspective

    David Rosen
    23 Feb 2015 | 6:48 am
    D Rosen This blogpost is written as a polemic. I hope to encourage some open and constructive debate on the subject of LIPS. It is not based upon any scientific research, but rather my general observation of things as a commercial Litigator, having dealt with many thousands of cases both defending, and bringing claims against LIPS, and in acting for them as a McKenzie Friend. My focus in this blogpost is upon civil/commercial litigation and not criminal litigation. Although the logic may be the same, the factors for a bench of Magistrates, or a Judge to make a decision are based upon…
  • Inspiring the next generation of lawyers

    29 Jan 2015 | 3:07 am
    We were delighted to be invited to Canon’s High School Careers fair last night – a great turn out from lots of others businesses and employers of all types in all sectors, and to be able to meet with young people looking to their futures and what career path they may follow. Judging by the enthusiasm for talking to us, we are sure that the next generation of lawyers will not be short of talent or determination and it looks like we may have a very busy summer of students wanting to come in and see what we do at Darlingtons and how law firms operate – we promise we won’t…
  • Money sent in full and final settlement – what if it’s not the full amount?

    David Rosen
    27 Jan 2015 | 11:40 pm
    Let us postulate that there is a dispute between two parties, and one wants to settle by sending a cheque being an amount he feels is sufficient to compromise the dispute between them. Is that enough to settle a matter? Was there a letter with the cheque? If so, what did it say? Did you read the letter, or not? Was it simply the cheque and the figure you were interested in? Was the cheque banked? Was it simply held by the receiving Party, and not banked? Does it make a difference? Was it banked in full and final settlement, or was it banked as part-payment towards an outstanding amount? So…
  • Common law marriage – the myth, the reality, the solution

    15 Jan 2015 | 8:33 am
    The Office for National Statistics recently revealed that the number of cohabiting couples has doubled over the past 20 years, to an astounding 5.9 million; 20% of whom have no intention to marry or enter into a civil partnership in the future. Despite this substantial increase, there remains a common public misconception that cohabiting couples enjoy the same legal rights as married couples. A common law marriage – there is no such thing In July 2004, a governmental campaign, “Living Together” attempted to make cohabiting couples aware of their legal status.  Despite this, recent…
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    Tampa Criminal Lawyer Blog

  • 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…
  • Florida Woman Accused of Dismembering and Cooking Neighbor

    Mayberry Law Firm
    18 Nov 2014 | 8:06 am
    Volusia County woman Angela Stoldt of Deltona is accused of stabbing her neighbor, James Sheaffer, in the eyes with an ice pick before strangling him to death in a cemetery. After the alleged murder, Ms. Stoldt is accused of taking Mr. Sheaffer’s corpse back to her kitchen where she is said to have dismembered his body, followed by her attempt to cremate the remains. After her cremation attempt failed, Ms. Stoldt is alleged to have simply throw his remaining body parts out with the trash. As one can imagine, Ms. Stoldt’s alleged attempt to dispose of the evidence failed, instead…
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  • Texas Federal Court Temporarily Blocks the Implementation of DAPA and DACA

    19 Feb 2015 | 7:13 am
    In a ruling issued late on Monday night of this week, Texas federal judge Andrew Hanen issued a temporary injunction blocking the implementation of the President's planned executive action that aims to help the estimated five million undocumented foreign nationals in the U.S. who require a change in the immigration law in order to obtain legal status. The Lawsuit: Texas v. United States The lawsuit before Judge Hanen was comprised of 26 state governments who filed the suit against the United States government in order to enjoin (i.e., prevent) the federal government from implementing the new…
  • USCIS Prepares for Incoming DACA and DAPA Applications

    16 Feb 2015 | 5:55 am
    In November 2014, the President announced a series of immigration-related executive actions. The two plans that have received the most media attention are the expanded Deferred Action for Childhood Arrivals (commonly referred to as DACA) and the Deferred Action for Parents of Americans and Lawful Permanent Residents (referred to as DAPA). The expanded DACA program will increase the amount of people who will be eligible for DACA by removing the age restriction for applicants as long as they entered the U.S. before they were 16 and have been continuously living in the country since January 1,…
  • The Secure Our Borders First Act is Not Realistic Legislation

    5 Feb 2015 | 9:00 am
    Recently, the House of Representatives' Homeland Security Committee sent a new immigration bill to the House floor for consideration. H.R. 399, the Secure Our Borders First Act, represents yet another unrealistic piece of legislation from the House Republicans that in no way reflects the needs or the realities of the American immigration system. The Secure Our Borders First Act The Act proposes to mandate that within two years, the U.S. government must take 100 percent "operational control" of areas deemed to be high-immigration traffic areas, and 100 percent control of the whole Southern…
  • President Obama's Immigration Policies Will Likely Improve the U.S. Economy

    5 Feb 2015 | 6:00 am
    In the weeks that followed the President's announcement of his plans to institute deportation suspension and work authorization policies for qualifying undocumented foreign nationals, there has been a flurry of media attention that discusses how these policies will affect the country as a whole. Unsurprisingly, the media attention has spread across party lines, with liberal media sources lauding the President's moves and conservative outlets largely decrying them. However, recently the White House issued a public relations statement that seemingly could attract both sides of the political…
  • House of Representatives Votes to Block President Obama's Immigration Reform

    20 Jan 2015 | 12:10 pm
    Recently, the House of Representatives made headlines again in what is likely its first of many moves to interfere with and further delay the much-needed comprehensive immigration reform. Specifically, the Republicans in the House voted to block President Obama's deferred deportations of millions of undocumented foreign nationals, including those foreign nationals who were brought to the U.S. as children (commonly called "dreamers"). The Vote The 236-191 vote was made in connection with a broad bill whose purpose is to allocate nearly $40 billion in funds to the U.S. Department of Homeland…
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    Palo Alto Estate Planning Blog

  • 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…
  • How to Work with Your Trustee/Your Beneficiaries

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


    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…
  • Is Related Party Commerical Rent Taxable in Florida?

    27 Jan 2015 | 1:01 pm
    In order to limit liability, many tax professionals and attorneys offer simple advice to their business clients who also own real estate. In order to avoid exposure to valuable real estate, many business owners are advised to segregate the risky business operations into its own legal entity separate from the real estate. While it may be worthwhile from a business liability standpoint, it is often a recipe for disaster for Florida sales tax purposes. Florida is the only state that taxes commercial rent. In fact, many tax professionals take it a step further. Man times, for federal tax and cash…
  • Wisconsin Doesn't Allow Companies to "Go for Two"

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

  • New Jersey To Consider DWI Jury Trials

    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

    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

    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

    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…
  • Prom Night – Underage DWI in NJ

    7 Jul 2014 | 1:40 am
    Prom parties and High School graduation season is approaching.  It might not come as a surprise to learn that  DWI laws for teens are far more stringent than adult DWI penalties. Even adults can be held liable for lending their car or home to host such parties.  But did you know that in NJ, the near Zero Tolerance Laws mean that drivers under 21 can be charged with DUI for just .01% BAC. Such a trivial amount–only .01% does not even affect many people—forget about impairment. In other states with Zero Tolerance Law, the underage BAC limit is .02% In court, it is up to the state…
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    Securities Law & Going Public Lawyers

  • Going Public Blog 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
  • DTC Eligibility Q & A – Creating Liquidity with Electronic Trading

    Brenda Hamilton, Securities and Going Public Lawyer
    23 Feb 2015 | 6:12 am
    Going Public LawyerPosted By Brenda Hamilton, Securities Lawyer The Depository Trust and Clearing Corporation (“DTCC”), through its subsidiaries, provides clearing, settlement and information services for securities. DTCC’s subsidiary, the Depository Trust Company (“DTC”) was created to improve efficiencies and reduce risk in the clearance and settlement of securities transactions. Not all securities are eligible to be settled through DTC.  DTC Eligibility has... Read MoreGoing Public Lawyer
  • Exchange Act Registration & Going Public For Foreign Issuers

    Brenda Hamilton, Securities and Going Public Lawyer
    21 Feb 2015 | 4:09 pm
    Going Public LawyerForeign companies going public in the United States must file a registration statement covering a class of securities pursuant to the Securities Exchange Act of 1934, as amended (the “Exchange Act”) if the class of securities will be listed on a United States national securities exchange such as Nasdaq. A foreign private issuer must register a class of equity securities... Read MoreGoing Public Lawyer
  • How Does A Foreign Company Register Shares When Going Public?

    Brenda Hamilton, Securities and Going Public Lawyer
    21 Feb 2015 | 11:05 am
    Going Public LawyerA foreign issuer seeking to go public has several registration statement forms available for its going public transactions. Regardless of the registration statement form selected, all registration statements and other material filed with the Securities and Exchange Commission (“SEC”) must be submitted in electronic format on the SEC’s Electronic Data Gathering and Retrieval (“EDGAR”) system. All registration statements including those... Read MoreGoing Public Lawyer
  • Periodic Reporting for Foreign Issuers – Going Public Lawyers

    Brenda Hamilton, Securities and Going Public Lawyer
    21 Feb 2015 | 10:26 am
    Going Public LawyerA foreign private issuer seeking to go public  in the U.S. can file a registration statement covering a public offering of securities under the Securities Act of 1933, as amended (the “Securities Act”), register a class of equity securities under the Securities Exchange Act or it may do both.  A Foreign issuer can conduct direct public offerings or an initial public... Read MoreGoing Public Lawyer
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    Employment News

  • Background Check Lawsuits on the Rise—Do You Have a Claim?

    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

    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
  • SCOTUS Takes Up Pregnancy Discrimination Case

    15 Jan 2015 | 12:48 pm
    Recently the Equal Employment Opportunity Commission issued new guidelines to protect women against pregnancy discrimination (discussed here). Indeed, the EEOC reports that pregnancy discrimination cases are on the rise. The Supreme Court has now intervened and will be hearing a case involving a United Parcel Service (“UPS”) worker who was told to take unpaid leave after she requested a break from heavy lifting because of her pregnancy. Read more about SCOTUS Takes Up Pregnancy Discrimination Case
  • Employment Law Changes for 2015

    12 Jan 2015 | 8:10 am
    Over the course of the past year there have been important shifts in federal and state law regarding employment. For both employers and employees, these changes can have a significant impact on workplace policies, employee rights and empolyer liability. Here is a summary of some employment law developments and trends for 2015: Read more about Employment Law Changes for 2015
  • Sexual Harassment of Tipped Employees

    8 Jan 2015 | 7:04 am
    Throughout Minnesota, servers, bartenders, and other tip-reliant workers continue to endure sexual harassment and advances for the sake of their income. According to a new report titled, “The Glass Floor: Sexual Harassment in the Restaurant Industry,” a study found restaurant workers reporting high levels of harassing behaviors from restaurant management (66%), co-workers (80%), and customers (78%). Read more about Sexual Harassment of Tipped Employees
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    Dallas Justice » Criminal Law Blog

  • 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…
  • Why the Jane Does’ CVRA Lawsuit Re Alleged Epstein Child Sex Ring Drags On

    Michael Lowe
    9 Feb 2015 | 11:01 am
    This news story has everything it needs to become one of the biggest scandals of the 21st Century:  there’s sex and power, of course.  Add to that the targeted criminal defendant, Jeffrey Epstein – so rich he owns his own island; political players like Bill Clinton; a famous lawyer and Harvard Law Professor, Alan Dershowitz (who was played by Ron Silver in that movie about Claus Von Bulow); and even British royalty:  Prince Andrew has been connected with this story. It’s a tabloid’s dream, right?  However, criminal defense lawyers may see things a bit differently…
  • Prosecutorial Misconduct Still a Big, Big Problem: District Attorneys Do Bad Things

    Michael Lowe
    4 Feb 2015 | 11:27 am
    We monitor cases of prosecutorial misconduct here in Texas and elsewhere, and in the past we’ve reported on things like:  Trusting Prosecutors With Forensic Lab Evidence? Consider Harris County District Attorney: Notices Sent of 100s of Wrongful Convictions Prosecutorial Misconduct in Texas: Continuing Injustice Prosecutorial Misconduct Rules Issued by Texas Supreme Court: Where is Michael Morton’s Prosecutor, Ken Anderson, Now? Prosecutorial Misconduct Allegations Against Four Top Texas District Attorneys: Update Texas Top Prosecutors In Trouble: Dallas DA Craig Watkins, Austin DA…
  • Dallas .25 Blood Case Dismissed

    Michael Lowe
    2 Feb 2015 | 1:59 pm
    Mr. Lowe’s client was arrested by Texas Department of Public Safety and Grand Prairie Police officers after he was accused of having a major role over one car accident on 161 Tollroad in Dallas County. The officers accused him of Driving While Intoxicated.  The Client had never before been arrested and had no criminal history.  Mr. Lowe’s client was then subjected to a search warrant for his blood.  The blood was extracted and the test result indicated that he was at least 3 times the legal limit.  Mr. Lowe filed 4 Motions To Suppress Illegally Obtained Evidence.  Mr.
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    South Florida Personal Injury Lawyers Blog

  • Florida’s Fourth District Holds Information Prepared in Anticipation of Litigation is Not Discoverable in Slip and Fall Case

    Friedman, Rodman &#38; Frank, P.A.
    18 Feb 2015 | 8:28 am
    In Millard Mall Service, Inc. v. Bolda, a woman filed a lawsuit against the owner of a shopping mall after she sustained an injury in a March 2011 slip and fall accident. In support of her case, the woman requested certain documents from the mall owner. As part of a subpoena, the woman asked the owner for any records related to substantially similar accidents within the preceding three-year-period, mall cleaning and maintenance records from March 2011, and any information related to cleaning or maintenance that was performed by a third party during the same month. In response to the woman’s…
  • Middle District of Florida Denies Motion for Summary Judgment in Bad Faith Insurance Case

    Friedman, Rodman &#38; Frank, P.A.
    16 Feb 2015 | 8:27 am
    In Taylor v. Geico Indemnity Co., a driver was involved in an at-fault motor vehicle collision with a motorcyclist. Following the traffic wreck, the biker was treated for numerous broken bones. The motorcyclist elected to receive compensation from his own motor vehicle insurer, which would then seek subrogation from the at-fault driver’s liability insurance company. At the time of the collision, the automobile driver carried $10,000 in bodily injury and property damage liability accident coverage. Eventually, 90 percent of the fault for the collision was attributed to the insured car…
  • Order Denying Florida Workers’ Compensation Benefits Advance Request is a Final Order for Purposes of Appeal

    Friedman, Rodman &#38; Frank, P.A.
    11 Feb 2015 | 9:37 am
    In Shannon v. Cheney Bros., Inc., a man suffered a workplace back injury in October 2010. The man’s employer accepted liability for the injury and authorized the employee to seek medical treatment. Later, the employee was involved in a traffic collision that was not related to work. As a result of the accident, the worker suffered additional back harm. Not long after the crash occurred, the man’s doctor stated it was his medical opinion that the employee’s workplace injury was no longer the major cause of his need for medical care. As a result, the man’s employer denied his request…
  • Northern District of Florida Rules Bad Faith Insurance Case Was Filed Prematurely

    Friedman, Rodman &#38; Frank, P.A.
    9 Feb 2015 | 9:38 am
    In Mann v. Taylor, a woman was hurt in a traffic collision that was allegedly caused by another driver. As a result of her accident, she filed a negligence lawsuit against the at-fault motorist in a Florida court. The injured woman also sought uninsured motorist benefits from her own automobile insurance company. In addition, the hurt motorist accused the company of refusing to settle her claim in good faith and asked the court to issue a declaratory judgment against the insurer. After the insurer successfully removed the woman’s case to the Northern District of Florida based on diversity…
  • Florida Court Reminds Plaintiffs General Maritime Law Does Not Recognize a Loss of Consortium Cause of Action

    Friedman, Rodman &#38; Frank, P.A.
    4 Feb 2015 | 9:45 am
    The Southern District of Florida has dismissed a breach of contract and loss of consortium claim that was filed against a cruise ship company. In Friedhofer v. NCL Ltd., two women apparently suffered damage to their hair while traveling aboard a cruise ship. As a result, the women and their spouses filed a lawsuit against the owner of the cruise ship in the Southern District of Florida. According to their complaint, the cruise ship owner breached its contract and acted negligently when the water on board the ship caused damage to the passengers’ hair. In addition, the plaintiffs sought loss…
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    Massachusetts Social Security Disability Lawyers Blog

  • Hall v. Colvin: Evidence in Disability Cases

    24 Feb 2015 | 8:53 pm
    Hall v. Colvin, an appeal from the United States Court of Appeals for the Seventh Circuit, features an opinion written by Judge Posner. Judge Posner is an appellate judge who typically drafts opinions rather critical to administrative law judges (ALJ) who denies an application for benefits, despite obvious evidence claimant is disabled and entitled to benefits. In Hall, claimant applied for Social Security Disability Insurance (SSDI), and an ALJ denied his claim. Claimant was an aviation mechanic discharged from military service in 2001. He suffered an ankle injury, and the Veteran's…
  • Zirnsak v. Colvin: Sufficiency of Evidence in SSDI Cases

    21 Feb 2015 | 8:49 pm
    Zirnsak v. Colvin, a disability benefits appeal from the United States District Court for the Third Circuit, involved claimant who was involved in a serious motor vehicle accident in 2001. In this accident, claimant suffered head trauma, lung injuries and bone fractures. Following her car accident, she was in a hospital for approximately five weeks. She was on life support during hospitalization, and, upon being released, was sent to a rehabilitation facility. After four days at rehabilitation, she returned to the hospital to her have gangrenous gallbladder removed. Doctors then sent her back…
  • Curvin v. Colvin: Credibility Determinations in Disability Cases

    18 Feb 2015 | 8:43 pm
    Curvin v. Colvin, an appeal from the United States Court of Appeals for the Seventh Circuit, involved claimant who filed for Social Security Disability Insurance (SSDI) benefits. In March 2010, claimant applied for disability benefits after becoming disabled in January of 2009. Her disabilities included glaucoma, trouble sleeping, thyroid disease, knee pain and hypertension. Social Security Administration (SSA), the federal agency charged with oversight of social security disability benefits, denied claimant's application. Claimant then went through the five-step review process before SSA…
  • Zavalin v. Colvin: Supplemental Security Income (SSI) Benefits

    15 Feb 2015 | 8:38 pm
    When people think of Social Security disability programs, they are often thinking of the Social Security Disability Insurance (SSDI) program. This program is designed for people who worked a certain number of years, depending upon claimant's age, and then suffered a disability. It is essentially a government run insurance program where, instead of paying a premium to a private insurance carrier, workers contributed a portion of their income to the Social Security Administration (SSA) by means of a Social Security tax. In should noted for reasons important to the projected budgetary crisis…
  • Fight to Stave Off Cuts to SSDI Program Begins

    12 Feb 2015 | 12:22 pm
    The Social Security Disability Insurance benefits program has long been a punching bag of politicians seeking popularity by preying on common misconceptions about the program. Opponents seeking to slash the program argue benefits are too easy to obtain, workers who receive benefits aren't really as disabled as they purport and the government spends way too much money on the program. In reality, it's tough to secure benefits, and only a small percentage of those who apply are approved during the first round. The guidelines for approval are stringent, and those who ultimately secure benefits…
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    Austin Immigration Lawyer Blog

  • Kansas Secretary of State Kobach on Obama’s Executive Order

    Lyttle Law Firm, PLLC
    23 Feb 2015 | 8:22 am
    Using their influence over the Kansas Legislature, Conservatives have succeeded in restricting reproductive rights, lowering tax rates, and limiting the power of teacher unions. Countering Obama’s immigration reform has not been so easy, however. Determined to fight back against illegal immigration, Kansas Secretary of State Kris Kobach has proposed a bill which declares the President’s executive action unconstitutional. Kobach, like many Republicans, opposes the Federal Government’s initiative of halting the deportation of nearly 5 million immigrants. The new bill would prevent…
  • Obama Immigration Actions Are Facing Congressional Opposition

    Lyttle Law Firm, PLLC
    19 Feb 2015 | 7:21 am
    As a result of President Obama’s executive order late last year, roughly 4 million undocumented immigrants will remain in the US and be eligible to seek legal employment. The future of this action is shrouded in uncertainty, however, since congressional Republicans vehemently oppose the initiative. Many state leaders have also pledged to block the legislation in federal court. The resulting clash may lead to yet another government shutdown. Estimates show that the Department of Homeland Security will run out of funding on February 27th, due to budgetary insufficiency. Congress is attempting…
  • Tax Accreditation for Immigrants Faces Republican Backlash

    Lyttle Law Firm, PLLC
    16 Feb 2015 | 8:23 am
    After President Barack Obama’s executive action in November 2014, many immigrants were granted certain unilateral protections.  The executive order issued Social Security numbers for many undocumented residents, preventing their deportation and allowing them to seek legal employment. The initial decision sparked controversy amongst members of Congress, particularly amongst Republicans who regained control of the both the House of Representations and Senate during mid-term elections late last year. In 2015, a new policy could allow immigrants to apply for up to $24,000 in tax credits. The…
  • Attorney General Nominee Stands by Obama Immigration Reform

    Lyttle Law Firm, PLLC
    12 Feb 2015 | 7:58 am
    During the first hearing since the Republicans retook control of the Senate, Attorney General Nominee Loretta Lynch pledged her commitment to working with Congress in a more bipartisan manner than her predecessor.  She confirmed the need for a new start, while trying to express her independence from President Barack Obama. She didn’t criticize the administration’s policy, however, which presently allows millions of immigrants to benefit from certain unilateral protections. Distancing herself from current Attorney General Eric Holder was paramount, as he has faced mounting criticism in…
  • Justice Department Warns Employers against Seeking Additional Work Documents from Salvadoran Immigrants with TPS

    Lyttle Law Firm, PLLC
    9 Feb 2015 | 7:23 am
    Employers have been warned by the Justice Department to stop seeking additional work permit authorization documents from Salvadorans, who have been awarded Temporary Protected Status (TPS).  The announcement was made to coincide with the release of an educational video, which aims to remind employers that Salvadoran immigrants with TPS can continue working in the US, even beyond the original expiration date of March 9, 2015. The Department of Homeland Security extended this expiration date earlier in the month. The “reminder” video features a conversation between two HR…
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    Cincinnati Injury Attorney - Cincinnati Personal Injury Attorney - Cincinnati Car Accident Lawyer

  • Are Dogbites Worth More Than Other Lawsuits?

    William Strubbe
    14 Feb 2015 | 11:51 am
    I think they are. There are several reasons. One is that the defenses are limited. The insurance company lawyer is not allowed to say that the injuries resulted from the negligence of the injured person, unless that person: – was committing or attempting to commit criminal trespass or another criminal offense on the property of the dog’s owner, keeper, or harborer, – was committing or attempting to commit a criminal offense (other than a minor misdemeanor) against any person – or was teasing, tormenting, or abusing the dog on the owner’s, keeper’s, or…
  • Who Pays After A Dog Bites Someone In The Greater Cincinnati Area?

    William Strubbe
    12 Feb 2015 | 6:38 pm
    Hopefully, an insurance company. But that’s probably not what you wanted to know. Maybe the better question is whose insurance company pays for the injury. Ohio law says that the owner, harborer, or keeper of a dog may be responsible for the bite. Ohio courts have defined a harborer as “one who has possession and control of the premises where the dog lives, and silently acquiesces to the dog’s presence”. The keeper “is the person who has physical care or charge of the dog”, but there is no ironclad definition. Here’s one scenario…. John owns a dog. Mary, who lives…
  • How Can I Get The Most Money For A Dog Bite In The Cincinnati Area?

    William Strubbe
    11 Feb 2015 | 5:17 pm
    The most important thing after you or a family member is bitten by a dog is to hire a lawyer…. and make sure he is the only one who talks to the insurance guys. But here is the full list. 1) Get treated by a doctor. If the injury is serious, go to the emergency room. Keep treating until the doctor says he has done all he can. If you don’t get medical treatment, the insurance company won’t believe you are hurt. 2) Take Pictures – of the injuries (especially scars), of the dog, of the owner, of where this happened. A picture is worth a thousand words. Take the pictures the same day…
  • How Do I Get Money For My Injuries Without Filing A Lawsuit?

    William Strubbe
    24 Dec 2014 | 12:43 pm
    The rules are pretty simple. The first rule is to hire a good lawyer. Now. Here is what he will tell you: Get treatment as soon as you know you are hurt, and don’t stop until you are completely cured. Why? Because every good lawyer will want to wait to settle your case until the earliest of the following occurs: -you are completely healed -your doctor says you won’t get any better -you know what the applicable insurance limits are, and you know that your case is worth more than the limits Get copies of all your tax records- Schedule C’s and W2’s – going back to 3 years before…
  • Will My Lawsuit Go To Trial?

    William Strubbe
    24 Dec 2014 | 8:51 am
    Probably not. First, we need to talk about words. A trial is when you have a jury – or maybe just a judge – in a courtroom, and witnesses testifying, and lawyers making speeches, and the jury or judge making a decision after they have heard all the witnesses testify. Nobody really knows how many lawsuits get this far, but it’s not very many. For years, lawyers said that nine out of every ten lawsuits settled before trial. A survey done a couple years ago showed that actually, over 98 out of 100 lawsuits filed in federal courts settled before trial. And if you include…
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    Health Care Law Blog

  • 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…

    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…
  • FQHC Section 340B Audit Readiness: A Pound of Prevention

    Kevin S. Little
    25 Jan 2015 | 3:42 am
    For Federally Qualified Health Centers and other eligible safety net health care centers, proper utilization of the federal Section 340B Drug Discount Program can offer enormous financial advantages to facilitate delivery of high quality primary health care services to their communities. The Section 340B Program, created in 1992, requires drug manufacturers to provide outpatient drugs to qualifying health care centers and organizations at reduced prices. The purpose of the Section 340B Program is to provide a financial advantage that supports FQHCs and other safety net providers, enabling…
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    Delaware Environmental Law Blog

  • 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…
  • Changes to the Delaware Brownfields Program Affecting Timing of Liability Protection

    4 Apr 2014 | 9:14 am
    Sometime this past month, a significant shift happened in the way DNREC SIRS treats entrants into the Delaware Brownfields Program and it's a shift that you need to be aware of if you plan to do Brownfields redevelopment in Delaware. For the past decade or so, if you wanted to redevelop a Brownfields property, you would send in the Brownfields Certification Application and, upon submitting your application (assuming that you are not otherwise a "potentially responsible party" under HSCA), you would receive environmental liability protection from the hazardous substances existing on the…
  • The Very Curious Case of New Castle County v. Pike Creek Recreational Services

    5 Mar 2014 | 10:25 am
    What can one say about a Delaware Chancery Court opinion in a consolidated New Castle County action to enforce private restrictive covenants and developer's action to compel county review of development plans that was issued one day, corrected the next, then withdrawn and re-issued with clarifications three and a half months later by a specially-appointed Vice Chancellor? A case that involves fifty-year-old and forty-six-year-old "private master plans," the current Unified Development Code "restrictive change statute" (§40.31.130), a plethora of successively-revised record development plans,…
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    Pleasanton Business & Commercial Law Blog

  • 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…
  • Shareholder Lawsuit Against SeaWorld Claims Management Misrepresented Reasons for Financial Losses

    30 Dec 2014 | 12:05 pm
    A shareholder's lawsuit against the owner and operator of the SeaWorld theme parks alleges that the company misled investors about declining revenues and park attendance in connection with its 2013 initial public offering (IPO). Baker v. SeaWorld Entertainment, et al, No. 3:14-cv-02129, complaint (S.D. Cal., Sep. 9, 2014). The company has faced extensive criticism over the treatment of marine animals in its parks, particularly its iconic killer whales, also known as orcas. After an orca killed a trainer at the company's Orlando, Florida park, the company faced regulatory investigation, fines,…
  • Misconduct by California Financial Firm Results in Penalty by Private, Independent Regulator

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

  • 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…
  • Saving our lollipop men and women

    Spencers Solicitors
    8 Jan 2015 | 1:35 am
    School Crossing Patrols are under threat across the UK. Despite lollipop men and women having made an invaluable and ongoing contribution to road safety in our country for over 60 years, financially hard-pressed local authorities are considering scaling back or axing the service entirely - with several having already done so. The idea of School Crossing Patrols (SCPs) was first trialled in the late 1940s. The favourable reception given to the service was such that 1953 saw the School Crossing Patrol Act being passed, giving SCPs the legal authority to stop traffic, and the first permanent…
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    White Plains Personal Injury Lawyer Blog


    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…

    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…

    19 Jan 2015 | 9:59 am
    The exploding airbags manufactured by Takata has been a problem known by the manufacturer since the mid 2000. Honda announced the first U.S. recall for faulty airbags in a nationwide action in 2008. The founder of Takata was the late Juichiro Takada. His family business grew into the world's largest suppliers of car safety equipment. He was often on factory floors at home and abroad. According to an article in USA Today - The Journal News reported by Kirk Spitzer on December 7, 2014, more than 16 million cars have been recalled worldwide because of defective air bags made by Takata. Five…

    7 Jan 2015 | 1:07 pm
    .M. went through great efforts to quickly produce replacement ignition switches for millions of cars under recall. However, the harder part is getting customers into dealerships to get the cars fixed. GM met its October, 2014 goals of having 1.96 million recalled cars. In an article in USA Today - The Journal News by Chris Woodyard points out only 55.7% of owners have had the repairs done by November 20, 2014 leaving 833,630 still to be fixed. The initial flood of customers trying to get recalled cars fixed has dwindled to a trickle. After barraging customer with letters, e-mails, etc. GM has…

    23 Dec 2014 | 12:30 pm
    In an article in the Journal News on December 16, 2014 by Theresa Juva-Brown states that in 2013, 63% of tickets that made their way through New York Courts, 135,738 tickets resulted in guilty as charged convictions. Another 26% of tickets resulted in convictions for other driving violations. The guilty as charged convictions remain high but they have declined since stiffer penalties went into effect in 2013. In 2012, before cell phone violations added 5 points to your license, 72% of tickets processed ended with guilty as charged convictions and 17% resulted in convictions for other driving…
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    Oakland Employment Lawyer Blog

  • San Francisco Unveils New Pedestrian Safety Efforts as Part of “Vision Zero” Campaign

    Liberty Law
    26 Feb 2015 | 1:19 pm
    Earlier this month, San Francisco city officials unveiled the latest part of its Vision Zero campaign, which is aimed at eliminating all traffic deaths in San Francisco by 2024. The latest part of its plan involves educating truck drivers on how to safely traverse San Francisco’s streets. Over the last five years, large vehicles have represented only four percent of traffic collisions, but 17 percent of deaths among pedestrians and bicyclists. Now, the California Trucking Association is going to help create a safety video for truck drivers that shows the challenges of driving a large…
  • Oakland Children’s Hospital Paying $300,000 to Employee who was Terminated due to Breast Cancer

    Liberty Law
    23 Feb 2015 | 1:14 pm
    UCSF Benioff Children’s Hospital Oakland recently agreed to pay $300,000 to a former employee who claimed she was wrongfully fired three years ago after being diagnosed with breast cancer. The woman was hired in March 2009 at the endocrinology department of the hospital. In 2011, she was diagnosed with breast cancer. The hospital gave her a two month leave in order to have a double mastectomy. However, she needed more time off to recover from the surgery. She met with the hospital in July 2012 to discuss an extension in her leave, but her managers said she looked fragile and would not…
  • Can I sue if another driver was texting and driving and caused an accident that injured me?

    Liberty Law
    19 Feb 2015 | 8:04 am
    The dangers of texting and driving were in the spotlight recently after an accident involving Bruce Jenner, former Olympian turned reality TV show dad, who is now purported to be in the process of transitioning from male to female. Jenner was driving on the Pacific Coast Highway when a Prius ahead of him was stopped or slowed down on the road. A Lexus sedan rear-ended the Prius, and the vehicle Bruce Jenner was driving, a Cadillac Escalade, rear-ended the Lexus. The Lexus was pushed into oncoming traffic, into the path of a Hummer. The driver of the Lexus died at the scene. Initial reports of…
  • I have to smoke medical marijuana periodically. Can my boss legally refuse to allow me to smoke marijuana while I am at work?

    Liberty Law
    16 Feb 2015 | 8:03 am
    Employers are often in a bad position – they are legally required under federal and state laws to accommodate employees with disabilities or health problems. If medical marijuana is legal in the state, as it is in California, the employee may legally be able to use marijuana to treat his or her health condition. However, the employer may not like the idea of allowing an employee to get high while at work. Under California law, employers do not have to tolerate marijuana use. Employers can discipline or fire employees for using marijuana, even if the marijuana is being used to treat a…
  • American Idol Winner Sues to be Released from Contract

    Liberty Law
    12 Feb 2015 | 4:56 pm
    Former American Idol winner Phillip Phillips is suing the show’s producer and its affiliated companies in order to get out of his contract. Phillips claims that he has been manipulated by the company over the years. Phillips filed a petition with the California Labor Commission. In his petition, he claimed that was obligated under his contracts to play gigs that did not benefit his career. For example, he claimed that he was forced to perform a free show for JetBlue. Another of Phillips’ complaints was that his production company withheld information about his career from him. He claims…
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    Texas Criminal Lawyer Blog

  • 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…
  • Marijuana No More Dangerous than Alcohol

    11 Jul 2014 | 12:57 pm
    President Obama thinks marijuana is no more dangerous than alcohol and is less dangerous in terms of its impact on consumers. In a January 2014 interview with the New Yorker, the president compared marijuana to other vices such as alcohol and cigarettes, stating "As has been well documented, I smoked pot as a kid, and I view it as a bad habit and a vice, not very different from the cigarettes that I smoked as a young person up through a big chunk of my adult life. I don't think it is more dangerous than alcohol." While the president doesn't find the use of marijuana alarming, he is very…
  • Group Dedicated to Fighting Adolescent Drug Ase Finds Majority Support Marijuana Decriminalization

    19 Jun 2014 | 12:10 pm
    A recent report by the Partnership at Drug Free, formerly known as the Partnership for a Drug Free America, found a solid majority of those polled by the organization itself, 52 percent, favor marijuana decriminalization and a vast majority, 70 percent, favor medical marijuana. The Partnership interviewed 1,603 adults. The majority of these adults (1,200) are parents of children who are between 10 and 19 years old. The report found 72 percent of mothers and 67 percent of fathers support medical marijuana. One may be surprised that an organization focused on combating teenage drug use is…
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    Sonoma County Criminal Lawyer Blog

  • 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…
  • Sonoma County Man Arrested on Gun and Drug Charges

    4 Jan 2015 | 2:15 am
    Just last week on New Year's Eve, a Rohnert Park man was arrested and charged with several drug- and gun-related charges after Sonoma County sheriffs found methamphetamine, marijuana, and seven guns in the man's residence. According to one local news report, the man was on probation for past drug offenses when he was brought in on these current charges. Evidently, the sheriffs conducted a raid on the man's home. It is unclear whether they had a warrant to do so. However, they did discover nine grams of methamphetamine, five pounds of marijuana, and seven different guns, including two assault…
  • Eighth Grader Arrested with Pot and a Gun at Santa Rosa School

    17 Dec 2014 | 6:08 pm
    Earlier this month in Santa Rosa, an eighth-grade boy was arrested after he was caught with a pellet gun and some marijuana on school property. According to a report by the Press Democrat, several other students saw the boy with the gun and reported him to school authorities, who then called police. School employees searched out the teen's backpack and searched it, finding the pellet gun and a small amount of marijuana. The backpack was not with the student at the time of the search. It is unclear where the bag was in relationship to where the student was. Police told reporters that no one's…
  • Drug Enforcement Agency Task Force Seizes Over 1,000 Marijuana Plants in Recent Bust

    10 Dec 2014 | 4:47 pm
    Earlier this month in Petaluma, the Sonoma County Drug Enforcement Task Force executed a raid on a warehouse that uncovered a grow operation containing more than 1,000 marijuana plants. According to one report, the police stated that if the plants had been allowed to grow to maturity, they would have been able to produce up to 2,800 pounds of marijuana with a street value of upwards of $4.25 million. While on the scene, officers noted that there were various other problems with the building meeting current code. No one was in the warehouse when the search and seizure was conducted, and no one…
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    Traffic Law Stop's Blog

  • Red Light Camera Ticket Refunds

    Casey Coats
    3 Feb 2015 | 2:19 pm
    Due to recent court rulings against many Missouri municipalities for their red light camera ticket programs, drivers who paid red light camera fines may be eligible for a 20% refund of their fines if they received a ticket in one of the following cities: Arnold, Bellerive Acres, Bel-Nor, Beverly Hills, Brentwood, Bridgeton, Calverton Park, Clayton, Country Club Hills, Creve Coeur, Dellwood, Ellisville, Excelsior Springs, Ferguson, Florissant, Grandview, Hazelwood, Kansas City, Moline Acres, Northwoods, Richmond Heights, St. Ann, St. John, St. Joseph, Sugar Creek, or Washington. Drivers who…
  • Missouri School Bus Laws

    Casey Coats
    2 Sep 2014 | 4:05 pm
    It’s back to school season, and that means we will be seeing school buses on the road. Below we outline school bus passing laws in Missouri. When red lights are activated: 2 lane road: all drivers must STOP. 2 lane and a turn lane (3 lanes): all drivers must STOP. 4+ lane road: all drivers going the same direction with the bus must STOP, drivers travelling opposite direction of bus should KEEP DRIVING. According to the National Highway Traffic Safety Administration, over the past 10 years 44 children and teens in the U.S. were killed in school zones travelling to or from school. Did…
  • Ellisville Buys Body Cameras for Police Officers

    Casey Coats
    27 Aug 2014 | 3:35 pm
    The Ellisville, Missouri police department has begun purchasing body cameras for all of its police officers. The Saint Louis suburb had been planning on getting cameras for all officers, but the Ferguson riots and Michael Brown shooting made Ellisville expedite the process. There are different styles of body cameras for police officers, but they all serve the same purpose. The cameras are attached to the front of the officer and can record all officer interactions with the public. The body cameras will be used along with the dash board cameras Ellisville officers already have. “Most of our…
  • Are The Police Allowed To Lie?

    Casey Coats
    27 Aug 2014 | 2:16 pm
    Most people have heard the rumor that if you ask an undercover cop if they are a police officer they must tell you.  This is simply not true. Police are allowed to lie to you. Police officers can lie to people during an investigation. They can lie about being an undercover cop, they can lie about information they have (or don’t have) on you. Cops can lie about what other suspects said. For example, a police officer can tell a suspect that their friend admitted to everything when in fact the friend confessed nothing at all. Cops can lie to you to get information out of you. For example,…
  • Michael Brown Protesters Damage Police Vehicles, Loot Quiktrip

    Casey Coats
    10 Aug 2014 | 8:08 pm
    The peaceful vigil for slain teen Michael Brown turned violent tonight, with protesters damaging police and news vehicles, and looting a Quiktrip. The incidents are occurring at West Florissant and Ferguson Avenue. Update 9:31 am: Photos of the riot damage. Update August 11th 12:36am: Civilian injured by looters at Ferguson Taco Bell, and a liquor store is being looted right now. Update 11:50pm: Police are now stationed at the Wal-Mart on W. Florissant to protect it from looters. SWAT reinforcements arrive. Estimate 400+ police now in Ferguson. SWAT reinforcements arrive. Estimate 400+…
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    Tampa Bay Injury Attorney Blog

  • St. Pete Toddler Struck and Killed by Car While Playing in Yard

    Whittel &#38; Melton, LLC
    9 Feb 2015 | 2:58 pm
    A toddler was hit by an SUV and killed while playing in a yard in St. Petersburg on Thursday evening. According to reports, a 27-year-old man was exiting the yard when he failed to see the 2-year-old playing near his 1998 Ford SUV. As the man backed out of the yard his vehicle collided the toddler, troopers said. The child suffered serious injuries and was taken to Bayfront Hospital where she later died from her injuries. The child’s father was in the front yard at the time of the incident. The driver of the SUV is a family friend. Charges are pending. Back over accidents happen when a car…
  • Tampa Man Dies in Scooter Crash

    Whittel &#38; Melton, LLC
    6 Feb 2015 | 3:32 pm
    A Tampa man was killed Saturday night after he lost control of his scooter on Hillsborough Avenue and crashed into a power pole, authorities said. The Florida Highway Patrol believes the 27-year-old was riding a Honda PCX150 west on Hillsborough east of Harney Road around 8 p.m. when he veered right and crossed two lanes of westbound traffic. The scooter exited the roadway, turned into its side and struck a power pole and then a sign post. It came to rest at the entrance to Jasmine Plaza, 7031 Hillsborough Ave., according to troopers. The man was taken to St. Joseph’s Hospital, where he…
  • St. Pete Boy Killed in Skateboarding Accident

    Whittel &#38; Melton, LLC
    2 Feb 2015 | 11:52 am
    Two teenagers skateboarding fun turned tragic Sunday when one of them was killed. According to police, one of the 15-year-old boys got into his mother’s 2003 Mercedes sedan and drove it down Atwood Avenue N while his other 15-year-old friend held onto the right rear corner and sped along on his skateboard. This type of skateboarding trick is called “skitching.” Police believe the teen driving accelerated with the other boy holding on to the rear. The pair traveled only a short distance before the boy let go of the car, became unstable and fell to the ground, striking his…
  • Avoid a Watercraft Boating Accident this Gasparilla Weekend

    Whittel &#38; Melton, LLC
    29 Jan 2015 | 6:08 pm
    This Saturday, Tampa Bay-area residents and visitors join in an unusual celebration called Gasparilla, one that marks the beginning of a new year and serves as a reminder of ancient times. The Gasparilla Pirate Festival was named in honor of the pirate Jose “Gasparilla” Gaspar, who is famed for terrorizing Florida’s west coast during the late 18th century and early 19th century. On Saturday, the city of Tampa will be “invaded” by Gasparilla and his men when their 165-foot pirate ship arrives in downtown Tampa, known as the Jose Gasparilla. The mayor of Tampa gives the key to the…
  • 7-Year-Old Seriously Injured in Tampa Crash

    Whittel &#38; Melton, LLC
    20 Jan 2015 | 6:21 am
    A 7-year-old boy suffered serious injuries after being struck by a minivan on Saturday night, according to Tampa police. Witnesses told police they saw the boy run across Main Street around 5 p.m. with several other children. The boy was crossing the street when a gray 2015 Dodge Journey Minivan traveling west passed the intersection of N. Rome Ave and hit him. The driver of the minivan, a 28-year-old man, apparently stopped and attempted to give the boy CPR. Tampa police have not released any additional information regarding what led up to the crash or the boy’s injuries. The boy was…
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    Minneapolis Personal Injury Law Blog

  • 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…
  • There may be many preventable causes of your brain injuries

    On behalf of Rischmiller & Knippel LLP
    20 Feb 2015 | 9:31 am
    Everyone knows that brain health is critical to the enjoyment of our lives. Despite that knowledge, few of us have ever given much thought to how even a slight brain injury might dramatically change us as individuals. Our unique personalities, rare skills which set us apart from others and even the inflection and tone of our voices are all things that brain injury victims can lose. In a previous blog post we discussed how most people think of traumatic brain injury whenever there is a discussion about head trauma. TBIs are basically head injuries which occur after the brain suffers some form…
  • Is a failure to diagnose a disease grounds to sue in Minnesota?

    On behalf of Rischmiller & Knippel LLP
    11 Feb 2015 | 1:40 am
    Minnesota patients rely on the training and experience of medical professionals to warn them of potentially life-threatening diseases. Until relatively recently, a patient whose condition was made worse due to a failure to diagnose a disease had a much tougher chance in Minnesota medical malpractice lawsuits. Previously, patients who suffered from a misdiagnosis were only allowed to sue in cases where a doctor's negligence had made their chances of survival less than 50 percent probable. That changed in June 2013. In a landmark decision, the Minnesota Supreme Court ruled that a 6-year-old…
  • The changing nature of delivery and birth injuries

    On behalf of Rischmiller & Knippel LLP
    5 Feb 2015 | 3:27 pm
    Most people would be shocked to learn that Cesarean sections are the most common type of operation in American hospitals. It is estimated that at least 1.6 million women give birth annually via C-section. Since 1996, the percentage of C-section births has risen gradually from 21 percent of all babies being born to 33 percent as recently as 2011. The dramatic increase in C-section births is even more puzzling when you consider that, on average, they cost thousands of dollars more than natural delivery methods. One possible reason for the increase of C-section deliveries is the host of birth…
  • Minnesota’s no-fault insurance and your interstate car accident

    On behalf of Rischmiller & Knippel LLP
    29 Jan 2015 | 9:35 am
    In an earlier blog post, we discussed how Minnesota's no-fault insurance laws represent a compromise between injured motorists and the automobile insurance companies. The general concept of enacting no-fault insurance laws was to strike a balance between the needs of the insurance companies to remain profitable and injured motorist's needs for immediate medical care. In most cases, car accident victims are entitled to compensation regardless of whether they caused the accident under the no-fault laws. That compensation is usually limited to claims that are based on specific economic losses --…
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    California Innocence Project » Blog

  • Faulty Memory

    7 Feb 2015 | 2:40 pm
    For the last few days, Brian Williams has been criticiz […] The post Faulty Memory appeared first on California Innocence Project.
  • Exonerations in the US

    6 Feb 2015 | 8:51 am
    Check out this infographic on exonerations in the US si […] The post Exonerations in the US appeared first on California Innocence Project.
  • Brian Banks, the NFL, and Other Updates

    28 Jan 2015 | 2:45 pm
    Brian Banks’ Post-Exoneration Years In 2012, the […] The post Brian Banks, the NFL, and Other Updates appeared first on California Innocence Project.
  • Annual Dodgeball Tournament

    14 Jan 2015 | 11:29 am
    ANNUAL CIP DODGEBALL TOURNAMENT What: 32 Team Double El […] The post Annual Dodgeball Tournament appeared first on California Innocence Project.
  • A Look Back at 2014

    30 Dec 2014 | 1:28 pm
    2014 has been an amazing year for us at the California […] The post A Look Back at 2014 appeared first on California Innocence Project.
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    Harrison County Personal Injury Law Blog

  • Defective products happen all the time

    On behalf of Carlile Law Firm LLP
    20 Feb 2015 | 6:50 am
    Texans are fortunate that when they buy a product, they can generally trust the product to work as promised. When people buy a toaster, it will toast bread in a variety of ways. When they get a car, it will typically get from point A to point B. When they purchase a computer, it works right out of the box. But eventually Texans will run into a defective product. A toaster that causes an electrical fire, a car with an accelerator that gets stuck, a computer that never works and more. Sometimes these defects are annoying and sometimes they are dangerous. When that danger turns into damage,…
  • We help truck-crash victims

    On behalf of Carlile Law Firm LLP
    12 Feb 2015 | 12:13 pm
    A man is itching for space and freedom, so he heads out on his motorcycle. He finds a back road and lets the engine roar until a semi-truck blocks his path. No problem. He revs the engine and guns past the semi-truck. But at the last moment, the semi-truck veers into the motorcycle's lane. The two vehicles bump, sending the man skidding along the pavement. A woman needs to run errands, so she loads her children into the family car. They get onto the highway, patiently waiting behind a semi-truck until they can turn off the highway. But then the semi-truck comes to a screeching halt. The woman…
  • Federal product recall procedure

    On behalf of Carlile Law Firm LLP
    4 Feb 2015 | 11:17 am
    While most of the products Texas residents use work all of the time, sometimes they don't. Indeed, sometimes a defective product is so bad that the maker will recall it -- either voluntarily or because the government requires it. When a product maker voluntarily recalls a product, it must inform the Food and Drug Administration. From there, the FDA will look into the product, what type of a recall should happen and whether the maker should alter its recall strategy. The FDA will then put together a monitoring process to evaluate the effectiveness of the recall and make changes to the process…
  • Premises-liability claims against the government

    On behalf of Carlile Law Firm LLP
    29 Jan 2015 | 11:34 am
    Many Texans know that the owners of homes and businesses are responsible for the safety of the people who enter those premises. But what about the government? What happens when a person slips and falls while walking on a public sidewalk? What happens when a traffic light malfunctions, sending cars from all directions into an intersection at the same time? The typical reaction is that, of course, the government is responsible for these accidents. But governments do not have to play by the same rules as private citizens and businesses. They have immunity, officially called "sovereign immunity".
  • Bad weather can lead to car accidents

    On behalf of Carlile Law Firm LLP
    23 Jan 2015 | 10:12 pm
    Texas residents enjoy good road conditions compared to many drivers elsewhere in the nation. Yet, road conditions are not always good. Inclement weather and man-made issues happen that can make the roads dangerous. When this happens, drivers who do not adjust to the circumstances could end up being involved in a car accident. While it seems obvious that when poor conditions pop up drivers should slow down and drive carefully, many do not. In fact, every year weather plays a role in more than a million car accidents. These accidents kill thousands and injure hundreds of thousands more. Some…
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    Maryland Divorce Lawyer Blog

  • 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…
  • Maryland Court Affirms Decision Denying Parent Visitation in Child Custody Dispute

    Anthony A. Fatemi, LLC
    30 Dec 2014 | 6:55 am
    Divorce is a serious matter. Depending on the particular family circumstances, there may be a variety of important and challenging decisions to make that will have a long-term impact on the parties involved. In most cases, spouses will be expected to address issues such as child custody and visitation, spousal support (or alimony), property and debt division, and child support, among other things. Because of the nature of divorce, parties often do not agree on even the most fundamental decisions. In order to sort through the myriad issues that may arise throughout the proceedings, and to…
  • “Marital Presumption” Under Maryland Code Governs Issues of Paternity

    Anthony A. Fatemi, LLC
    16 Dec 2014 | 6:43 am
    Under Maryland law, children born or conceived during a marriage are presumed to be the legitimate children of both spouses. The issue of paternity is important to settle as early in a child’s life as possible, for emotional, financial, and legal reasons. Once a man is determined to be the father, he is under a legal obligation to support the child. In some cases, a person may attempt to dispute paternity and any resulting court order regarding child support or custody issues. This is a matter that courts take very seriously. If you are facing a paternity, child custody, or support matter,…
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    Houston Family Law Blog

  • 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…
  • Texas program helps parents get back to work to pay child support

    On behalf of Shriver & McLean, L.L.P.
    18 Feb 2015 | 3:41 pm
    It's important that those who parent children are held responsible for their care. A state program in El Paso has been able to seek and recover $12.8 million in child support, helping those who otherwise wouldn't be able to receive this needed money. The way the money was recovered wasn't through jailing parents or by withholding their tax returns. Instead, a program was implemented to help. The program doesn't punish those who aren't able to pay child support. Instead, it helps them get the work they need instead of putting them in jail for the crime. The program, called the Non-Custodial…
  • How do you establish paternity in Texas?

    On behalf of Shriver & McLean, L.L.P.
    10 Feb 2015 | 1:31 pm
    Establishing paternity is an important step for parents, as it's one of the only ways to guarantee that your child knows who his or her father is by law. As unmarried parents, paternity allows the father of the child to have legal parental rights while also making sure your child has benefits like Social Security, veteran survivor benefits and health insurance. Determining paternity also results in the father being listed on your child's birth certificate. You can establish paternity in a few ways. An Acknowledgement of Paternity is one way. This process allows unmarried parents to establish…
  • Can you get a divorce without an attorney in Texas?

    On behalf of Shriver & McLean, L.L.P.
    5 Feb 2015 | 1:15 pm
    Can you get a divorce without needing to hire an attorney? The short answer is yes, but there are several reasons it's not a good idea. If you go online, you've probably seen websites that say they have divorce papers and applications available. The process is supposedly 100-percent legal consultation free, and it's meant to be much cheaper than hiring an attorney. That may not exactly be true. While some money could be saved by going without an attorney, the divorce process itself could turn into a difficult one. Legal representation is there to protect you and your best interests, so if…
  • Is a conservator also a guardian or parent in Texas?

    On behalf of Shriver & McLean, L.L.P.
    28 Jan 2015 | 12:22 pm
    Child custody is specifically defined in Texas as a conservatorship. Parents are no longer referred to as custodians, but instead, they are known as conservators. Regardless of who holds the title of conservator, it means that person has all the responsibilities of a parent to the child or ward in question. With a conservatorship, you have several rights given to you by the courts. First, you are allowed to gain any information needed from the other parent in regards to your child's heath, welfare or education. The child's medical, psychological, educational and dental records should also be…
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    Canton Social Security Disability Law Blog

  • New insulin study show promise in treating diabetes

    On behalf of Marsh & Mittas Law Office, LLC
    13 Feb 2015 | 3:43 pm
    It is likely that someone reading this post knows someone who has been diagnosed with diabetes.  The bodies of those who have the disease have difficulties with their blood glucose. These difficulties are the result of either their bodies failing to make the hormone insulin (type 1) or failing to use it well (type 2). Insulin is important since it assists in getting glucose into a body’s cells. Those who are diabetic need to be sure to take care of their bodies. This is because the failure to keep one’s glucose levels in check can result in dire medical consequences latter on. These…
  • Diagnosing bipolar disorder can be tricky

    On behalf of Marsh & Mittas Law Office, LLC
    6 Feb 2015 | 9:02 pm
    Readers living with bipolar disorder or with loved ones who have the condition likely know all too well how difficult it can be. The condition, which has three main types, can be difficult to diagnosis. Because of the consequences often tied to illness beyond having to live with the symptoms, such as suicide and a reduction in expected life span by more than nine years, it is important to secure a diagnosis as soon as possible. The sooner a diagnosis is made the sooner treatment options can be explored.  The following are symptoms of bipolar I: Tremendous sense of well-being Over-activity…
  • What is the difference between VA disability and Social Security disability?

    On behalf of Marsh & Mittas Law Office, LLC
    30 Jan 2015 | 1:23 pm
    In our last post, we began speaking about some of the basic differences between the VA disability and Social Security disability programs. We’ve already briefly discussed the first couple considerations in the SSDI claims consideration process. Picking up where we left off, the next question for a SSDI claimant is whether their condition—having already been deemed severe—meets the requirements set forth for a condition in the agency’s official listing of disabling conditions. The listings provide very specific qualifications for each condition which must be adequately…
  • What is the difference between VA disability and Social Security disability?

    On behalf of Marsh & Mittas Law Office, LLC
    30 Jan 2015 | 1:20 pm
    The term “disability” can be and is used in a variety of different ways depending on the context in which it is used. In the context of government benefits programs, the definition and evaluation of disability is particularly important because it determines the benefits for which the claimant is eligible. The way in which disability is defined and treated is different for the Veterans Administration disability program and the Social Security disability program. For VA disability qualification, the disability must be service-related and the bet must be deemed at least 10 percent…
  • How SSDI program will be funded in the future currently unclear

    On behalf of Marsh & Mittas Law Office, LLC
    23 Jan 2015 | 6:54 am
    Readers may be aware of the ever looming funding issues that seem to plague the Social Security system in the United States. One of the programs impacted is Social Security Disability Insurance. Recent projections indicate that assets for SSDI will be exhausted next year, in 2016. SSDI is funded through the payroll tax taken from worker’s paychecks. This is not the first time that the SSDI program has faced issues. Twelve years ago, in 1994, the program came close to running out of money. At that time, a portion of the payroll tax that was a part of the Social Security retirement program…
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    Morristown Personal Injury Law Blog

  • 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…
  • Car accidents can result in permanent injury and financial loss

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    10 Feb 2015 | 1:08 pm
    Almost no one in New Jersey gets into a car and expects his or her life to be torn apart by an accident. However, car accidents do happen, and they can leave an individual -- and his or her family -- forever changed by permanent injury and financial loss. Nothing may undo the physical and psychological damage done, but successfully handled civil lawsuits may be able to stem the flow of financial loss. One New Jersey woman who suffered permanent damage to her neck and spine looked to the courts for relief when the at-fault party's insurance company offered her a mere $50,000. Recently, a jury…
  • Many car accidents are caused by unlicensed drivers

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    3 Feb 2015 | 3:47 am
    Numerous people on New Jersey's roads are driving without valid drivers' licenses. Often, there is a reason why these individuals are not allowed to drive, but they do so anyway, which can put other people's lives at risk. Car accidents caused by these individuals could be avoided if they respected the fact that they are not supposed to be driving. The family of a victim of a recent accident may be asking whether the crash that took its family member's life could have been avoided if the driver believed to be responsible for the crash had not been driving. Troopers with the New Jersey State…
  • Wrongful death claim filed by parents of boy killed by bus

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    27 Jan 2015 | 8:08 am
    Nearly every parent in New Jersey would agree that no one should outlive their child. Parents send their children off to school every day, expecting to see them at the end of the day. Unfortunately, one couple's young boy never came home again after being killed in a bus accident. Recently, they filed a wrongful death claim against the school district, the bus service and the driver who had struck their child. In Jan. 2014, their then 6-year-old boy was crossing the street to catch the school bus. The bus struck the boy, but that was not the end of it. Records indicate that the boy was…
  • Guilty plea could establish negligence in a wrongful death claim

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    20 Jan 2015 | 6:43 am
    One primary focus of a plaintiff in a wrongful death claim is to establish negligence on the part of the party or parties believed to have caused the death of their loved one. In many New Jersey accidents involving a fatality, criminal charges are filed against the allegedly responsible party. If the person facing those charges enters a guilty plea or is otherwise convicted in criminal court, proof of the conviction could be used to establish negligence in a civil lawsuit connected to the victim's death. Last October, a 24-year-old drunk driver slammed into the back of a tractor-trailer. His…
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    Columbus Personal Injury Law Blog

  • Dump truck causes car accidents; 1 killed

    On behalf of Dale Perdue
    26 Feb 2015 | 6:17 pm
    A fatal chain-reaction crash recently occurred in Wayne Township. The Ohio investigators initially suspect that the driver of a dump truck hit one vehicle, and the force of the impact sent the dump truck into another vehicle. One woman lost her life in the car accidents. At about 2:30 p.m., the driver of the dump truck was heading west on State Route 73, and he was approaching an intersection. At the interstate, the dump truck collided with a pickup truck that was traveling south. It is not immediately clear if the dump truck driver may have been distracted while driving, and it is also…
  • Driver and bystander killed during collision

    On behalf of Dale Perdue
    20 Feb 2015 | 1:51 am
    After a series of tragic events, two individuals lost their lives in Washington Township. One man had crashed his car, and, when a woman left her own vehicle to attempt to help him, they were both hit by another vehicle and fatally injured. It is unclear whether the driver who caused the fatal collision will face Ohio criminal charges. A 49-year-old man was traveling west on Ohio 571 when he lost control of his vehicle, resulting in the first car accident. His vehicle rolled off of the right side of the road, and the man became trapped in the vehicle. Multiple bystanders left their own…
  • 2 separate wrongful death suits filed after woman killed by dogs

    On behalf of Dale Perdue
    18 Feb 2015 | 1:52 am
    While dogs can be faithful and loving companions, some dogs can be dangerous. One woman felt as if her neighbor's dogs posed a threat to her life, but, despite numerous 911 calls, the county never intervened. After losing her life after an attack by her neighbor's dogs, the woman's estate is taking legal action in the form of two Ohio wrongful death suits. The exact reason why the woman believed that the dogs posed a danger to her life is uncertain. She reportedly called 911 around 16 times, and she supposedly filed about 12 reports with the county's animal resource center to complain about…
  • Distracted driving takes many forms

    By D. Andrew List
    16 Feb 2015 | 7:47 am
    Distracted driving is most commonly thought of in terms of texting or using a cell phone while driving.  However, many other activities can result in distracted driving. To illustrate, earlier this month, Ohio Senator Bob Peterson, was involved in a crash on Interstate 71 in Pickaway County. Peterson admitted that he was distracted by a parking pass that was hanging on his rear view mirrow,  He found the dangling pass annoying and decided to remove it.  Peterson admits he was looking over and reaching in the passenger's seat of his Dodge Caravan.  This…
  • Dangerous drugs: Zofran linked to birth defects

    By D. Andrew List
    16 Feb 2015 | 7:42 am
    Dangerous drugs update:  Recent studies link GlaxoSmithKlin's Zofran to an increased risk of several serious birth defects. Zofran is a prescription drug approved for treatment of nausea and vomiting in surgical and chemotherapy patients.  While it has never been approved by the FDA to treat morning sickness in early pregnancy, GlaxosmithKline allegedly encouraged this "off label" use of the drug.  GlaxoSmithKline paid $3 billion to settle allegations by the U.S. Justice Department that the company illegally marketed Zofran for this off label use and paid doctors to prescribe…
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    North Texas Legal News

  • 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…
  • Responding to an EEOC Discrimination Charge: A Guide for Texas Employers (Part II)

    Leiza Dolghih
    16 Feb 2015 | 7:23 pm
    In Part I, I outlined the EEOC process of investigating a charge of discrimination. In this part, I describe the steps that an employer should take in responding to an EEOC’s charge of discrimination or retaliation. 1.  Calendar the Deadlines.  Don’t think that because the employee’s complaint to the EEOC is “ridiculous” or “silly” in our eyes, that you don’t need to respond. You should always respond, no matter how trivial or ludicrous the complaint is in your opinion. So, don’t put the letter in a “I’ll-deal…
  • Responding to an EEOC Discrimination Charge: A Guide for Texas Employers (Part I)

    Leiza Dolghih
    16 Feb 2015 | 7:26 am
    Opening mail and finding out that an employee has filed a charge with the Equal Employment Opportunity Commission (EEOC) against your business is as far from a pleasant surprise as it gets. However, it happens to quite a few businesses each year.  In 2014, there were 88,778 charges filed with the EEOC, with Texas, Florida and California being the top three states. Overall, the most common claims were retaliation (42.8%), followed by race discrimination (35%) and sex discrimination (29.3%). Thirty percent of all charges included some sort of harassment allegations. The EEOC Investigation…
  • Houston, We Have a Problem. Where’s That Non-Compete Agreement?

    Leiza Dolghih
    8 Feb 2015 | 9:21 pm
    A Houston Court of Appeals last week found an employer’s non-compete agreement unenforceable and awarded a former employee his attorney’s fees in defending the lawsuit brought by the former employer. Yes, this can happen in Texas where a company attempts to enforce an agreement that is clearly unenforceable. In this case, the original non-compete was superseded by several employment agreements culminating in one that cancelled the original non-compete provision. Yet, the employer sue