Law

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  • Dyck O’Neal Pursues Borrowers with Tainted Foreclosures

    Florida Bankruptcy Lawyer Blog
    Chip Parker
    17 Nov 2014 | 5:30 am
    Our own Chip Parker is discussed in an article written by The New York Times about the unlawful debt collection practices by mortgage finance giants like Fannie Mae. “It’s bad enough that Fannie Mae and their collectors are pursuing consumers many years after they’ve lost their homes,” Mr. Parker said. “But the fact that these lawsuits may be built on a foundation of foreclosure fraud is galling.” To read the full article and learn what our firm is doing in the fight against illegal debt collection practices in Florida click here.
  • Non-Sequiturs: 09.04.15

    Above the Law
    Kathryn Rubino
    4 Sep 2015 | 10:39 am
    Ed. note: Due to the Labor Day holiday we will be on a reduced publication schedule today, and observing the holiday on Monday. Hope everyone has an enjoyable, restful and long weekend. * Oh yay! An attorney hits something with his car, doesn't stop, and uses the "I'm an attorney!" line, complete with F-bombs. And he was drinking, because of course he was. [Legal Profession Blog] * You shoot for the stars Utah! Utah Law announced a new initiative to have 100 percent bar passage and 100 percent professional employment. [Tax Prof Blog] * Burn! Not only did the Ninth Circuit overturn Judge…
  • China’s Washington State Connections

    China Law Blog
    <a href='http://harrismoure.com/our-team/dan-harris/'>Dan Harris</a>
    4 Sep 2015 | 9:32 am
    When we first starting writing this blog nearly ten years ago, we often heard from people surprised by our having an international law firm based in Seattle. Why Seattle, we were often asked. Back then I would patiently (well patiently for me anyway) explain how Washington State is more dependent on and probably more open to international trade than any other state. Boeing, Microsoft, Starbucks, Expedia, Expeditors International, Weyerhaeuser, Paccar…. the list of trade dependent companies here goes on and on. Chou En-Lai and Warren Magnuson sharing a joke And then I would explain how…
  • How to Give Tough Feedback

    Attorney at Work
    Merrilyn Astin Tarlton
    4 Sep 2015 | 3:00 am
    I once worked with a midlevel manager who, when advised of someone’s shoddy work or bad behavior, would inevitably respond with a simple, “Okay, I’ll tell her.” And that was exactly what he would do: Take the person aside, metaphorically hold his nose, and say something like, “You don’t write very well. You need to do a better job.” Then he would walk away, satisfied he’d done the really hard work that earned him the big bucks. Unfortunately, I also observed there was rarely any change or improvement in performance. And he had a hard time…
  • Lessons from Paul Newman of what not to do in estate planning

    Tennessee Estate Law Blog
    Jim Higgins
    31 Aug 2015 | 7:09 am
    Estate planning can be a difficult and confusing process. This process can be made even more complicated when you have a business or foundation that your family members may be involved in. This appears to be the case with Paul Newman’s family. The Newman’s Own company and foundation started in 1980 when actor Paul Newman and author A.E. Hotchner began making homemade salad dressing and giving it to neighbors as Christmas presents who came by as they were caroling. Newman’s Own made a profit of almost one million dollars two years later and donated most of it to charity. Then…
 
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    LegalTXTS

  • HR Lessons to Be Learned From DeflateGate

    Elijah Yip
    18 Aug 2015 | 12:49 pm
    One of the bombshells in the DeflateGate saga was the revelation that Tom Brady had his cell phone destroyed shortly before meeting with the National Football League’s investigators. According to the NFL’s written decision suspending Brady, Brady knew that the investigators wanted access to text messages on the phone he had when the AFC Championship was played. Even so, Brady instructed his assistant to dispose of the phone—just four months after starting to use it. The dubious circumstances surrounding the disappearance of the phone greatly hurt Brady’s credibility in NFL…
  • Court “Deactivates” Attempt to Hide Social Media Information From Discovery

    Elijah Yip
    17 Jun 2015 | 4:04 pm
    Have you ever been tempted to delete a social media message you posted that exposes you or your company to liability? That post that seemed like a harmless joke but now could turn into evidence in a wrongful termination lawsuit. Or that photo that could cast you in an unflattering light. If it ever crossed your mind that no one will notice if you simply pressed the “delete” button, here’s a case illustrating why succumbing to the temptation doesn’t end well. In Crowe v. Marquette Transportation Company, Gulf-Inland, LLC, 2015 WL 254633 (E.D. La. Jan. 20, 2015), Brannon Crowe sued his…
  • Bargaining After the Breach – NLRB says failure to engage in collective bargaining over data breach remedies violates federal law

    Elijah Yip
    13 May 2015 | 7:06 pm
    The National Labor Relations Board (NLRB) recently took the unprecedented position that an employer violated federal law by failing to engage its employees’ union in collective bargaining regarding its response to a data breach. The U.S. Postal Service (USPS) was the target of a 2014 data breach affecting over 800,000 of its current and former employees. The NLRB filed complaints against the USPS claiming that it executed its response to the breach without engaging in collective bargaining with the union. That’s a violation of National Labor Relations Act (NLRA) provisions mandating…
  • Court Turns Down the Volume on Audio Company’s Effort to Discover Identity of Anonymous Tweeters

    Elijah Yip
    29 Apr 2015 | 5:48 pm
    Say you’re the president of Diamond Staffing Services. One morning, your phone is flooded with Twitter notifications. A few taps leads you to the source of the buzz: Someone opened a Twitter account parodying your company’s name and tweeted: “Work for Diamond? Pregnant = fired. We’re Diamond – we don’t care, LOL!” The tweet links to your company’s official Twitter account. Livid, you instruct your attorney to file a defamation lawsuit. Not so fast, your attorney says. First, you need to know who you’re suing, and the Twitter account was probably opened using fake…
  • Clinton Email Controversy Highlights Dangers of Using Personal Online Accounts For Work

    Elijah Yip
    15 Mar 2015 | 2:29 pm
    The New York Times recently reported that Hillary Rodham Clinton used a personal email address for work and personal matters while she served as Secretary of State. Many employees could probably appreciate why Ms. Clinton chose to use a private email address for work purposes. She enjoyed the convenience of carrying one mobile device instead of two. That’s the same reason the Bring Your Own Device movement has been rapidly gaining momentum. The convenience of commingling professional and personal online accounts comes at a price. One danger is unauthorized disclosure of confidential…
 
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    Overlawyered

  • I have read and agree

    Walter Olson
    1 Sep 2015 | 6:05 am
    “iTunes just made me promise I had read a 20,552-word, 9-point contract — with 3,276 words in all caps — before I could buy a $1.29 song” [@mbutterick] Tags: Apple, music and musicians, shrinkwrap/EULAs I have read and agree is a post from Overlawyered - Chronicling the high cost of our legal system
  • Banking and finance roundup

    Walter Olson
    31 Aug 2015 | 9:05 pm
    Marcia Narine on D.C. Circuit’s recent ruling striking down part of Dodd-Frank conflict mineral disclosure rule [Business Law Prof] More on suit challenging constitutionality of FATCA, the law complicating many expatriates’ lives [Paul Mirengoff, PowerLine] “Jury Will Put A Price On Terrorism — And Stick A Bank With The Bill” [Daniel Fisher, Reuters on Arab Bank settlement] Operation Choke Point: “How a program meant to stamp out fraud has put a stranglehold on legitimate industries” [Reason TV video, AmmoLand on markup of Rep. Blaine…
  • The liability limit that created the modern online economy

    Walter Olson
    30 Aug 2015 | 9:15 pm
    A tribute to Section 230: “No other sentence in the U.S. Code, I would assert, has been responsible for the creation of more value than that one; if you have other candidates for that honor you think more worthy, please do share them.” — David Post on the fateful, intermediary-immunizing “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” This bar to liability, Post writes, helped make possible “virtually every successful online venture…
  • Supreme Court and constitutional law roundup

    Walter Olson
    30 Aug 2015 | 9:05 pm
    New York Times suggests Justice Clarence Thomas’s opinions borrow too much language from briefs and lower courts. Orin Kerr on why that’s unfair; Prosecutors have too much leeway to request freeze on defendant’s assets pending trial [Ilya Shapiro, Cato] Certiorari petition arising from Newman/Chiasson prosecution: “Obama Administration Gambles On Supreme Court Review Of Insider-Trading Case” [Daniel Fisher] “Another Chance To Clean Up ‘Trial by Formula’ Class Actions” [Andrew Grossman/Cato, SCOTUSBlog on Tyson Foods v. Bouaphakeo]…
  • Annals of bonkers scholarship: “Trahison des Professeurs”

    Walter Olson
    30 Aug 2015 | 1:38 pm
    I’ve seen a hundred wacky and extreme papers out of legal academia, and wrote about more than one in Schools for Misrule, but this one, published by the National Security Law Journal at George Mason (whose editor-in-chief has already repudiated it) stands out. You can read the whole story at The Guardian, including links to some of the controversies that have followed author William Bradford, but it might make more sense to hand the gavel over to distinguished legal scholar and Prof. Jeremy Rabkin in his four-page rebuttal: When an article proposes to arrest law professors and bomb law…
 
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    Solo Practice University®

  • Hanging Up That Shingle: Part 2 – Keeping the Challenges and Opportunities in Sight and Mind

    George Gold
    3 Sep 2015 | 5:00 am
    In Part 1, I posed the question, ‘Where Will The Clients Come From?’, directed at neophyte lawyers. In this closing installment, I offer some practical suggestions that, in my opinion, help to make the move a successful venture. Caveat: This discussion does not apply to lawyers who have practiced for some time as an associate […]Written by George Gold
  • A Great Business Model: Marrying New PI Lawyers to PI Legends

    Susan Cartier Liebel
    31 Aug 2015 | 5:00 am
    Imagine having a rockstar trial lawyer available on call just before that big mediation or trial to ensure you get the best economic result for your client and priceless peace of mind for yourself as the originating attorney? Or imagine being that rockstar lawyer on call?Written by Susan Cartier Liebel
  • Should You Use A Client Intake Form?

    Mark Bassingthwaighte
    27 Aug 2015 | 5:00 am
    Occasionally a lawyer will ask if there really is a need to use a standardized form during the intake process. As is often the case with such questions, the answer is “it depends.” Client intake forms are important. Find out why.Written by Mark Bassingthwaighte
  • Zen and the Art of Lawyer Maintenance

    Suzanne Meehle
    25 Aug 2015 | 5:00 am
    A year ago, I wrote about my love of running and how it keeps me sane. Well, right after I wrote that, I injured myself pretty badly. I am paying the price for not taking care of myself in ways both personal and professional. This is how I'm choosing to take control of my health today.Written by Suzanne Meehle
  • Less Perfect, More Happy

    Debra Bruce
    20 Aug 2015 | 5:00 am
    Over the years I have worked with a number of lawyers that struggle with perfectionism, and I might even call myself a recovering perfectionist. Some of those perfectionists don’t see perfectionism as a problem, however. To them, their problems are caused by clients with unrealistic expectations about time frames or legal costs. Others lament the necessity of doing everything themselves because their direct reports don’t do a high quality job.Written by Debra Bruce
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    Above the Law

  • What’s Behind The AmLaw 200 Numbers?

    Lateral Link
    5 Sep 2015 | 6:16 am
    A deep dive into the AmLaw 200 numbers and what that means for laterals.
  • Did Elizabeth Warren Sink Her Chances At Being Biden’s Running Mate While At Harvard Law?

    Kathryn Rubino
    4 Sep 2015 | 11:39 am
    Is there tension between Elizabeth Warren and Joe Biden?
  • Non-Sequiturs: 09.04.15

    Kathryn Rubino
    4 Sep 2015 | 10:39 am
    Ed. note: Due to the Labor Day holiday we will be on a reduced publication schedule today, and observing the holiday on Monday. Hope everyone has an enjoyable, restful and long weekend. * Oh yay! An attorney hits something with his car, doesn't stop, and uses the "I'm an attorney!" line, complete with F-bombs. And he was drinking, because of course he was. [Legal Profession Blog] * You shoot for the stars Utah! Utah Law announced a new initiative to have 100 percent bar passage and 100 percent professional employment. [Tax Prof Blog] * Burn! Not only did the Ninth Circuit overturn Judge…
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    Simple Justice

  • FAMM’s Julie Stewart Makes Bill Otis Cry

    SHG
    5 Sep 2015 | 6:02 am
    At Reason, Julie Stewart of Families Against Mandatory Minimums goes head on against Bill Otis, the guy who never met a defendant who wouldn’t benefit from a sentence of life plus cancer.  And she rips him a new one. Over the past two decades, Bill Otis has become the Paul Ehrlich of criminal sentencing reform.  He is always certain in his convictions and nearly always wrong.  Moreover, like Ehrlich, Otis likes to scare the public with predictions of certain and impending doom, and he is immune to feelings of embarrassment or humiliation despite being proven spectacularly wrong over…
  • Making Gideon Cry, A Public Defender’s Confession

    SHG
    5 Sep 2015 | 5:40 am
    A pitch was sent out to the blawgosphere yesterday from a flack for the Washington Post about an op-ed by public defender, Tina Peng. I’m a public defender. It’s impossible for me to do a good job representing my clients. Yeah. And Generalissimo Francisco Franco is still dead. Got it. Thanks for sharing. It’s not that anyone who gives a damn about the plight of indigent defense minds another op-ed about the inadequacy of funding.  It’s worthy of repeating, and the inadequacy impacts defendants and indigent defenders every day, day after day, because we may have screamed…
  • The Grand Inquisitor (and other campus rape innovations)

    SHG
    5 Sep 2015 | 4:27 am
    There have been a number of interesting and important ideas bantered about on the pressing problem of campus rape and sexual assault discipline, in addition to the tepid grasp of the harm deriving from a deeply screwed up process.  Since this is still in its formative stage, and real lives are at risk, it continues to be worth discussion. To a large extent, the confusion derive from misunderstandings, either because the people discussing the issue lack sufficient knowledge and background in what they’re talking about (because that rarely happens on the internets) or they use words and…
 
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    Law and Magic Blog

  • A New Book on Witches From Stacy Schiff

    lpcprof
    28 Aug 2015 | 9:55 am
    Stacy Schiff (Cleopatra (2010)) is publishing a new book, this time on the witches of Salem, a perennially favorite topic. Here's more on the tome, The Witches, due out in October from Little, Brown.
  • Harry Potter In Court

    lpcprof
    15 Aug 2015 | 3:59 pm
    A great roundup of Harry Potter lawsuits and judicial references here from the Trademark & Copyright Law blog.
  • The Paradox of Law and Magic?

    lpcprof
    11 Aug 2015 | 7:40 am
    Rostam J. Neuwirth, University of Macau, Faculty of Law, E32, has published Law and Magic: A(nother) Paradox? at 37 Thomas Jefferson Law Review 139 (2014). Here is the abstract. In the past, paradoxes and similar rhetorical figures that are summarized by the term “essentially oxymoronic concepts”, have been frequently applied to describe mystical experiences or, more generally, “change” that represents the uncertain or the unknown. Thus, their usage has primarily been a privilege of the arts, literature or the occult sciences. Today, however, essentially oxymoronic concepts are…
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    How Appealing

  • "Sonia Sotomayor, Outsider: In a remarkable conversation, the justice talks about why she doesn't feel like she belongs on the Supreme Court."

    Howard Bashman
    5 Sep 2015 | 7:35 am
    "Sonia Sotomayor, Outsider: In a remarkable conversation, the justice talks about why she doesn't feel like she belongs on the Supreme Court." Dahlia Lithwick has this jurisprudence essay online at Slate. You can view video from Justice Sotomayor's recent speaking appearance at the University of Notre Dame via this link.
  • "Can an Oregon judge decline to perform gay weddings? Answer unclear."

    Howard Bashman
    5 Sep 2015 | 7:25 am
    "Can an Oregon judge decline to perform gay weddings? Answer unclear." This front page article appears in today's edition of The Oregonian. And yesterday, that newspaper posted online an article headlined "Oregon judge who won't perform same-sex weddings subject of investigation."
  • "Former Bucks teacher fired after blog posts can't sue"

    Howard Bashman
    4 Sep 2015 | 12:10 pm
    "Former Bucks teacher fired after blog posts can't sue": Chris Palmer of The Philadelphia Inquirer has a news update that begins, "A former Bucks County high school teacher who was fired after profanely blogging about her 'utterly loathsome' and 'frightfully dim' students cannot sue the Central Bucks School District for violating her right to free speech, a federal appeals court ruled Friday." And Jonathan Stempel of Reuters has an article headlined "Pennsylvania teacher fired after blog posts cannot sue: U.S. court." You can access today's ruling of a divided three-judge panel of the U.S.
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    Legal Juice

  • Lady, You Need To Read The Fifth Amendment Again, And Again, And Again …

    John Mesirow
    4 Sep 2015 | 9:07 pm
    So if you get pulled over for a traffic matter, would it ever occur to you that you have a constitutional right not to identify yourself?  Yeah, me either. But this lady? Whoa. You’re not going to believe this. As reported by The Carroll County Times: Close to a dozen members of a local advocacy group against what they consider to be the misapplication of federal and state law waited outside the Carroll County Detention Center to greet a woman released Tuesday morning who had been arrested after failing to identify herself after a routine traffic stop in June. During her time at the…
  • These Gents Definitely Picked The Wrong Woman To Mess With!

    John Mesirow
    3 Sep 2015 | 9:08 pm
    Sometimes looks can deceive. This is one of those times! As reported at mmafighting.com: Strawweight fighter Monique Bastos was on the way for her jiu-jitsu training with two friends in Acailandia, Brazil, on Tuesday night, when two men attacked her. They wanted their phones, but they had no idea Bastos was an MMA fighter. “I was going to my jiu-jitsu training when they arrived on a motorcycle and said they wanted our phones,” Bastos told MMAFighting.com. “I tried to hold my phone, and I realized they were not armed. When they tried to escape, I lifted the rear wheel of the…
  • Sand Is A “Missile”? Go Figure.

    John Mesirow
    2 Sep 2015 | 9:07 pm
    There are a lot of silly laws on the books. Take this one, for example from the Municipal Code of the City of Manhattan Beach, California: 12.08.300 – Throwing missiles. No person shall throw, or otherwise propel, any missile, or mud or sand anywhere on the beach. First of all, what kind of missiles are contemplated here? Second, mud is a missile? Third, sand is a missile? And finally, you’re seriously criminalizing throwing sand on the beach? Bet lots of citations have been written for that one. Here’s the source.  (You’ll have to scroll down to 12.08.300.)  
 
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    Seeking Efficient Enlightenment

  • Meditation – 18 months later…

    Ernie Svenson
    25 Aug 2015 | 7:07 am
    I started my meditation practice back in February of 2014. I blogged about the benefits I noticed after 3 months of doing meditation, but I want re-examine my perspective now—after 18 months of regular daily practice. A regular meditation practice has had immense practical value in many ways. Here are some of the most powerful benefits I’ve noticed… Clarity: I now have a persistent awareness of what’s most important to me, what’s less important, and what’s not important. I not only have better clarity about how things ARE, but also about how things are likely to unfold. (I’m…
  • My beliefs about “God”

    Ernie Svenson
    12 Apr 2015 | 9:59 am
    It’s impossible to know the “truth” about anything that’s outside your direct experience. The only direct experience you really have (if you think about it a lot, and come to an honest conclusion) is what YOU think and feel. What happens outside YOUR direct experience of your own thoughts and feelings you can never be 100% certain of. Some things “out there” you can be fairly certain of, and other things, are very uncertain. So here some things I believe about “God” (or whatever similar word you want to substitute) 1. The question of whether God exists is a…
  • 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…
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    Balkinization

  • Does anyone have any idea what's happening with marriages in Rowan County, Kentucky?

    Marty Lederman
    5 Sep 2015 | 7:35 am
    I doubt it.  At a minimum, it’s virtually impossible to make sense of what is occurring, and why, simply by reading the press accounts.  So here’s one modest effort to untangle the mess.  Please be advised, however, that it’s based entirely on a perusal of some of the accounts of proceedings over the past 48 hours, and a cursory look at Kentucky law and some of the pleadings in the case.  The true story might be much more, or less, complicated than my account suggests. The FactsKim Davis was a Deputy County Clerk in the Rowan County Clerk’s Office for several…
  • Thoughts on American Hysteria: What Promoting My Book on Political Extremism Has Taught Me About… Political Extremism

    Guest Blogger
    1 Sep 2015 | 7:43 pm
    Andrew BurtMy first book, American Hysteria: The Untold Story of Mass Political Extremism in the United States, was published this last May. To my surprise, the process of promoting the book – giving talks and hosting discussions on periods of political extremism throughout our country’s history – has taught me nearly as much about political extremism as the three years I spent researching the book. That is, talking about political extremism with friends and family and, of course, lots and lots of strangers, has highlighted how much casual prejudice exists around us. Much, much more…
  • Current Culture War Cases and the Constitution

    Mark Tushnet
    1 Sep 2015 | 5:52 pm
    1. I'm deeply puzzled about the constitutional basis for the Rowan County clerk's claim that she cannot be forced to have her name attached to marriage certificates for couples who, her religious beliefs tell her, simply cannot be "married" in God's eyes. I would have thought in the first instance that the obligation to sign marriage certificates is one of those neutral laws of general applicability to which Smith applies. And I can't see how either of the ad hoc exceptions to Smith for hybrid claims or for claims with respect to laws for which the state itself provides…
 
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    Althouse

  • The new puppy.

    5 Sep 2015 | 4:58 am
    Note that the title of this post is "The new puppy" — not "The new puppy!"What's going on?The agenda:Click for more »
  • "The Smashing Trumpkins."

    5 Sep 2015 | 4:56 am
    "Billy Corgan applauds Trump for ‘f—ing’ up the political class."
  • "Can Mommy Bloggers Still Make a Living?"

    5 Sep 2015 | 4:53 am
    A piece in The Atlantic — focusing on Heather Armstrong ("Dooce") and the problem of "native" advertising:“My readers see sponsored content and they want to close the browser immediately,” she said. “The problem is I have to give my readers what they want, I have to give the brand what they want, and I have to be authentic to who I am. And combining all three of those needs is so so so exhausting that I was having panic attacks routinely.”Over the years, advertisers increasingly wanted Armstrong to post photos of her family using their products. But if [her daughters] Leta and Marlo…
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    Concurring Opinions

  • Affirmative Consent and Burden Shifting

    Corey Yung
    3 Sep 2015 | 10:40 am
    Tamara Rice Lave has a thoughtful post at Prawfsblawg about affirmative consent standards in sexual assault cases. She contends that application of such standards amount to a burden shift to the defendant. From her post: The case I am referring to is Mock v University of Tennessee at Chattanooga, and it was decided on August 4. Corey Mock was alleged to have had non-consensual sex with a female student. At the hearing, the Administrative Law Judge found that UTC had not carried its burden of proof and dismissed the charges. The complainant then spoke with the Chancellor, who petitioned for…
  • No Questions Asked

    Gerard Magliocca
    2 Sep 2015 | 12:56 pm
    In going through what happened to the original parchments of the Bill of Rights, I’ve come across another oddity that I’d like to share. The Library of Congress and the New York Public Library both hold originals from 1789.  The LOC purchased its version from a manuscript dealer in 1943, and the New York Public Library acquired its copy somewhat earlier. Where did they come from?  There were 14 copies made and signed by the relevant congressional officials (such as John Adams and the Speaker of the House).  The one now in the National Archives was the copy retained by the…
  • Handshakes and Smiles: Founder Feuds from Snapchat to Facebook

    Lawrence Cunningham
    2 Sep 2015 | 11:29 am
    In 2011, Frank Reginald “Reggie” Brown, IV was an English major at Stanford University, living in the Kimball Hall dormitory. There Brown conceived of an idea for a mobile device application that would let people send pictures from one phone to another, but with a novel catch: the picture would self-destruct shortly after viewing, so the recipient could not save or forward it. The idea would become the lucrative Snapchat product, at one point valued at $15 billion (an astounding figure considering that customers do not pay for the service and a way to make profits had not yet been…
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    Sui Generis-a New York Law Blog

  • Facebook denied in request to dispute warrants for user data

    NBlack
    18 Aug 2015 | 8:00 am
    This week's Daily Record column is entitled "Facebook denied in request to dispute warrants for user data."  My past Daily Record articles can be accessed here. Facebook denied in request to dispute warrants for user data   Last week in 381 Search Warrants Directed to Facebook, Inc. v. New York County Dist. Attorney’s Off., (2015 NY Slip Op 06201) the New York Appellate Division, First Department considered an appeal brought by Facebook. In this appeal, Facebook sought to overturn the trial court’s refusal allow it to dispute search warrants issued by the New York County District…
  • Massachusetts Adopts New Disciplinary Rules on Tech Use

    NBlack
    14 Aug 2015 | 7:58 am
    This week's Daily Record column is entitled "Massachusetts Adopts New Disciplinary Rules on Tech Use."  My past Daily Record articles can be accessed here. Massachusetts Adopts New Disciplinary Rules on Tech Use Technological change has increased dramatically in recent years, making it difficult for lawyers to keep up. Confusion over the ethical obligations of lawyers when using new technologies only makes adoption of new tools such as cloud computing all the more difficult. Fortunately, many states have gradually rolled out revised ethics rules designed to address these issues.Most…
  • Please Vote For Me!

    NBlack
    14 Aug 2015 | 7:13 am
    I've submitted a talk to Avvo's IgniteLaw event occurring in Las Vegas on September 3d and would really appreciate your support. You can vote for my talk along with 5 others here. In my talk, I'll discuss how Donald Trump may be very well be the Yogi Berra of our time and explain why some of his more outlandish statements may actually offer nuggets of wisdom on running a law practice. You can cast your vote here. As always, thanks so much for your support!
 
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    Conglomerate

  • Things I Don't Understand about Last Week's Markets

    Usha Rodrigues
    4 Sep 2015 | 12:57 pm
    Typically I read the WSJ over breakfast and then careen through the day from class prep to administrative tasks to meetings to emails, all in a virtual news vacuum.  My husband catches me up on the day's events over dinner.  Altogether I generally get a good picture of what's going on. Not last week.  Monday August 23 was a crazy trading day, with the Dow opening with a historic drop of 1,000 points.  Tuesday was a different kind of rollercoaster.  Questions below, answers welcome: 1.Were circuit breakers the problem or the solution on Monday, August 24?  Circuit breakers, or the Limit…
  • Lisa Fairfax for SEC Commissioner!

    David Zaring
    4 Sep 2015 | 11:52 am
    The Wall Street Journal reports that the White House is considering our colleague for the SEC.  Bainbridge thinks she'd be an excellent choice, and so do we.  I won't gush, but Lisa has it all - she would be perfect for the agency.
  • Lisa Fairfax for SEC Commissioner!

    Usha Rodrigues
    4 Sep 2015 | 11:35 am
    Imagine my surprise and delight while skimming over today's WSJ and finding a report that the Obama administration is considering our very own Lisa Fairfax to fill Democratic seat currently held by Georgia Law alum Luis Aguilar!  The article makes much of the fact that Lisa is favored by Senator Elizabeth Warren.  Equally importantly, she has the full backing of her fellow bloggers.  Lisa for the SEC!
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    Ms. JD Blog

  • Oregon Department of Justice Seeking Applications for Honors Attorney Program

    jvu_YH4HBK
    4 Sep 2015 | 10:22 am
    The Oregon Department of Justice would like to inform you of opportunities available through the Department’s Honors Attorney Program. The Department is now seeking applications for the September 2016 program. Briefly, the Honors Attorney Program is designed to provide exceptional recent law school graduates—including those who have served as judicial clerks or in government fellowships—with the opportunity to gain public law experience after law school and provides a foundation for growth and success in the profession of law.  Honors Attorneys will immediately…
  • Self comparison and the myth of perfection

    ijyapaudel
    2 Sep 2015 | 4:48 pm
    Self comparison and the myth of perfection:  We live in a society where “perfect” is normal. From stunning models on TV, the food we eat, and people we follow on social media – everything and everyone seems perfect. As a recent college graduate I felt (or currently feel) the pressure of perfection. Even though I was lucky to get a paid opportunity right after college I felt less than perfect. I found myself spending countless hours comparing myself to my peers. I envied those who got a “better” job than I did, those who were going to graduate school,…
  • Winning the Law Firm Job Interview

    tQ0_UQabWT
    1 Sep 2015 | 11:41 am
    By Paul Freiberger Whether a job interview is a success depends on many things both great and small: how you dress, how you speak, your body language, your facial expression, the “quality” of your handshake and, not least, what you say. That’s only the beginning, and there are a hundred other variables that influence the outcome. Of all those variables, one stands above the others, both for its intrinsic importance and for its relevance to every interviewee. It’s relevant if you’re an interviewing natural with the ability to make the most of a stressful and…
 
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    Biker and Motorcycle Accident Lawyer Blog

  • This summer is turning out to be a real meat grinder

    Norman Gregory Fernandez
    17 Aug 2015 | 1:38 pm
    California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez in Yellowstone National Forest As a personal injury attorney who is an expert in motorcycle accident cases, I get reports of motorcycle accident cases from all over the country on a daily basis. This particular summer, seems like the worst summer for fatal motorcycle accidents that I’ve ever seen. Many of the motorcycle accidents are caused by negligent cars and cagers, but many are caused by drugs and alcohol, or excessive speed, on the part of the motorcycle rider. Here are examples of some of the reports I…
  • Law firm and Biker law blog news

    Norman Gregory Fernandez
    14 Aug 2015 | 5:42 pm
    Well folks it’s been a real interesting year. I am announcing the termination of my partnership with Lawrence A. Moy. I have been friends with Mr. Moy for many years. They say friends should not go in the business together, and I fully agree. If any of you have any questions regarding the termination of my partnership with Lawrence a Moy, give me a call to discuss. The Law offices of Norman Gregory Fernandez & Associates is back. We aim to provide excellent customer service to all of our clients. We have meeting locations throughout the state of California, and have a central…
  • Memorial Day 2015, a time for reflection

    Norman Gregory Fernandez
    25 May 2015 | 1:42 pm
    President Barack Obama, accompanied by Maj. Gen. Jeffrey S. Buchanan, left, Commander of the U.S. Army Military District of Washington, and the with the aid of Sgt. 1st Class John C. Wirth, lays a wreath at the Tomb of the Unknowns, on Memorial Day, Monday, May 25, 2015, at Arlington National Cemetery in Arlington, Va. Memorial Day is a day that we honor those brave souls amongst us who have gone to battle for our great nation, and who have given the ultimate sacrifice the service of their nation. Contrary to popular belief, Memorial Day is not about just a day off, barbecues, or playing grab…
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    Legal Profession Blog

  • Office Move Leads to Unauthorized Practice Admonition

    Legal Profession Prof
    4 Sep 2015 | 2:42 pm
    The web page of the Massachusetts Board of Bar Overseers has a summary of an admonition imposed on an attorney On June 11, 2001, the respondent became a member of the Massachusetts bar. She has since maintained an “active status”...
  • Spite No Mitigation

    Legal Profession Prof
    4 Sep 2015 | 6:47 am
    The Iowa Supreme Court has suspended an attorney for at least 30 days A division of the Grievance Commission of the Supreme Court of Iowa found [the attorney] violated several rules by failing to deposit an advance fee into his...
  • Removed And Disbarred

    Legal Profession Prof
    4 Sep 2015 | 6:33 am
    The Mississippi Supreme Court removed a Chancery Court judge from office as a res ult of h is conviction for obstruction of justice. From the statement of agreed facts The Formal Complaint in this matter contains various allegations regarding Respondent’s...
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    China Law Blog

  • The China Blogroll That Died, Part 1

    <a href='http://harrismoure.com/our-team/dan-harris/'>Dan Harris</a>
    5 Sep 2015 | 5:18 am
    Might we be overdoing the death thing? Teddy sniffing glue he was 12 years old Fell from the roof on east two-nine Cathy was 11 when she pulled the plug On 26 reds and a bottle of wine Bobby got leukemia, 14 years old He looked like 65 when he died He was a friend of mine Those are people who died, died Those are people who died, died Those are people who died, died Those are people who died, died They were all my friends, and they died Jim Carroll, People Who Died Though I realize that shutting down a blogroll is not the equivalent of friends dying, my shutting down our blogroll today does…
  • China’s Washington State Connections

    <a href='http://harrismoure.com/our-team/dan-harris/'>Dan Harris</a>
    4 Sep 2015 | 9:32 am
    When we first starting writing this blog nearly ten years ago, we often heard from people surprised by our having an international law firm based in Seattle. Why Seattle, we were often asked. Back then I would patiently (well patiently for me anyway) explain how Washington State is more dependent on and probably more open to international trade than any other state. Boeing, Microsoft, Starbucks, Expedia, Expeditors International, Weyerhaeuser, Paccar…. the list of trade dependent companies here goes on and on. Chou En-Lai and Warren Magnuson sharing a joke And then I would explain how…
  • Importing From China: New California Rules May Help You Assert Made In USA Claims

    <a href='http://harrismoure.com/our-team/chris-priddy/'>Chris Priddy</a>
    3 Sep 2015 | 9:08 pm
    If your finished good is ultimately manufactured in the United States and contains only a small amount of China-origin material, California’s new Made in U.S.A. labeling rules may make it easier for you to label your products as Made in U.S.A.   What is required for your China product to say “made in the USA”? Prior to California’s new Made in U.S.A. labeling rules, the state prohibited labeling a product as Made in U.S.A. if a product or any of its subcomponent parts were produced or substantially produced outside the United States. By requiring all subcomponent parts to be…
 
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    Patently-O » Patent

  • Is it Appropriate Prosecute Patents for Direct Competitors on Inventions on Similar Technology without Disclosure and Waivers?

    Dennis Crouch
    3 Sep 2015 | 3:42 am
    by Dennis Crouch [Prof  Hricik may have more to say on this conflict-of-interest case, but I believe it is an interesting one and important for discussion.] Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, SJC-11800. A patent law malpractice case is pending before the Massachusetts Supreme Court that has major implications for patent prosecution practice.  Many patent patent attorneys and law firms develop technology-specific specialties as a marketing strategy.  The professional responsibility problem arises when the strategy is successful enough to attract multiple…
  • Dickstein Shapiro Dodges Malpractice Suit by Showing Long-Ago Issued Claims Were to Ineligible Subject Matter

    David
    2 Sep 2015 | 12:49 pm
    By David Hricik This one will make your head spin, especially the statutory construction part.  The case is Encylopaedia Britannica, Inc. v. Dickstein Shapiro LLP (D. D.C. Aug. 26, 2015). The Dickstein Shapiro firm was retained by Encyclopaedia Britannica, Inc. (EB) in 1993 to file a patent application. The patent issued, and in 2006 EB sued several companies for infringing it. The patent was held invalid due to “an unnoticed defect” in the 1993 application.  The basis for invalidity was not 101, however. EB then sued the law firm for malpractice in prosecuting the 1993…
  • Patentlyo Bits and Bytes by Anthony McCain

    Anthony McCain
    1 Sep 2015 | 6:04 pm
    Adam Bonica, Adam Chilton, & Maya Sen: The Political Ideologies Of American Lawyers David Stein: The USPTO Strikes Back Joseph Herndon: Inline Plastics v. EasyPak Simon Deans: How To Protect Your Business From Intellectual Property Theft Steve Brachmann: GM Ahead Of Ford In Autonomous Vehicle No Breaks for Kit-Kat Get a Job doing Patent Law Drinker Biddle & Reath LLP McGarry Bair PC Howard & Howard International IP Law Group AuerbachSchrot LLC
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    Religion Clause

  • Tennessee Judge Says Obergefell Ended State Jurisdiction Over Contested Divorces

    Howard Friedman
    4 Sep 2015 | 6:38 am
    A Tennessee Chancery Court Judge, in what can only be described as a fit of judicial pique, last week used a divorce case in which he had substantial doubt about the parties' credibility to launch a verbal attack on the U.S. Supreme Court's same-sex marriage decision and develop a rather far-fetched theory of the decision's impact.  In Bumgardner v. Bumgardner, (TN Chan., Aug. 31, 2015), the court said in part:With the U.S. Supreme Court having defined what must be recognized as a marriage, it would appear that Tennessee' s judiciary must now await the decision of the U. S. Supreme Court…
  • 10th Circuit Denies En Banc Review, Over 5 Dissents, In Contraceptive Mandate Case

    Howard Friedman
    4 Sep 2015 | 4:20 am
    As previously reported, in July, without seeking en banc review, a petition for certiorari was filed with the U.S. Supreme Court for review of the 10th Circuit's panel decision upholding application of the Obama Administration's Affordable Care Act accommodation for religious non-profits to Little Sisters of the Poor. Nevertheless, 10th Circuit judges sua sponte called for a vote on whether the panel decision should be reviewed en banc. In Little Sisters of the Poor Home for the Aged v. Burwell, (10th Cir., Sept. 3, 2015), a majority of the judges voted to deny a rehearing, but 5…
  • Oregon Judge Creates Legal Defense Fund After Refusal To Perform Same-Sex Marriages

    Howard Friedman
    4 Sep 2015 | 4:15 am
    In Marion County, Oregon, Circuit Judge Vance Day, former chairman of the state Republican Party, has apparently decided for religious reasons not to perform same-sex marriage ceremonies.  This has led to inquiries by the Oregon Commission on Judicial Fitness and Disability as to whether Day has violated the Oregon Code of Judicial Conduct or the Oregon Constitution.  The Oregonian reports that yesterday the Oregon Government Ethics Commission voted unanimously to approve Day's request to establish a legal defense fund in connection with these inquiries.
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    LIKELIHOOD OF CONFUSION®

  • Please plead me

    Ron Coleman
    1 Sep 2015 | 1:00 pm
    No federal court for you. Everyone knows about copyright preemption.  How about trademarks?  Pamela Chestak has a great post that explains why yes one, and no the other. First, a refresher on preemption in copyright.  Preemption, of course, refers to that status wherein a given legal subject matter — or more specifically, a category of legal claim — is preempted by the federal government, which is said to “occupy the field” entirely.   That means you can’t prosecute a copyright claim, strictly speaking, in state court.  It has to be done in federal court,…
  • It’s not all in the details

    Ron Coleman
    20 Aug 2015 | 12:23 pm
    Originally posted 2012-08-17 10:14:15. Republished by Blog Post PromoterHouse How detailed do architectural drawings have to be to qualify for copyright protection?  Not all that detailed, the Second Circuit ruled on August 15th, in the case of Scholz Design, Inc. v. Sard Custom Homes, LLC (Docket No. 11-3298).  This is an opinion destined for law school casebooks, not necessarily because it’s groundbreaking (the court is at pains to insist that it’s not) but because, besides being clear, well-organized and mercifully succinct, it has all kinds of law-school-exam-type…
  • When you say BUD®

    Ron Coleman
    20 Aug 2015 | 12:23 pm
    Of course he’s happy. The restaurant popped open that can special for him! Disputes involving the great BUDWEISER trademark are even older than LIKELIHOOD OF CONFUSION® — the blog, not the secondary meaning thing.  You know that because even in 2006 I wrote — already sounding like a tired old man — how ubiquitous Anheuser Busch’s enforcement adventures were. Here’s the latest one to come to notice, via John Welch, and it does have to make you pine for a cold frosty to read how this went: The TTAB sustained an opposition to registration of the mark…
 
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    Grits for Breakfast

  • End of an Era: Rissie Owens replaced as parole board chair

    Gritsforbreakfast
    3 Sep 2015 | 6:35 am
    There was a time when Rissie Owens and her husband Ed were the ultimate Texas prison power couple. He ran TDCJ's institutional division overseeing all Texas prison units and she chaired the parole board which decided how full those prisons would stay. It was a cozy, all-in-the-family arrangement.Ed retired a few years ago to take an ill-fated turn running the Texas Youth Commission during its darkest days. And now the Houston Chronicle reports that Gov. Abbott has replaced Rissie Owens as parole board chair with David Gutierrez, "who has served on the parole board since 2009, served as the…
  • An under-celebrated holiday

    Gritsforbreakfast
    2 Sep 2015 | 2:56 pm
    Apparently today is National Grits for Breakfast Day, I learned via Twitter.  All recipes (e.g., see here and here) and no criminal-justice policy, but still, I'll take it.Image via La Comida de Clary
  • Recommendations from Sandra Bland legislative hearing

    Gritsforbreakfast
    2 Sep 2015 | 9:05 am
    Check out this compilation of legislative recommendations submitted to the Texas House County Affairs Committee during their July 30 hearing regarding the Sandra Bland episode. Via the Texas Association of Counties. My own suggestions were recorded here. The entire hearing lasted more than seven hours; you can watch it online here. Find written testimony submitted to the committee here.
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    Drug and Device Law

  • Medical Device Cybersecurity: Maybe Dick Cheney Was Not So Paranoid After All

    Steven Boranian
    4 Sep 2015 | 5:00 am
    Dick Cheney famously disclosed a few years ago that he had the wireless function of his pacemaker disconnected while he was Vice President because he was concerned that hackers might fiddle with the device remotely and do him harm.  We at the Drug and Device Law Blog can’t help but wonder whether the Veep placed himself ahead of or behind the risk-benefit curve.  Sure, he mitigated the risk that some malicious and very clever hacker would successfully target him.  But he also disabled an important feature of a device that was intended to protect and extend his life.  Was…
  • Warning Letters and Jurisfiction

    Bexis
    3 Sep 2015 | 5:00 am
    “Jurisfiction” is a word coined by Jasper Fforde, author of the Tuesday Next series, one of the more sophisticated set of children’s works that has come to populate this post-Harry Potter era.  To be very brief, Jurisfiction is the fictional police force for BookWorld, one of Fforde’s fictional universes.  Tuesday is a Jurisfiction agent (sometimes rather more than that).“Jurisfiction,” unfortunately, is also something we see in our line of work, sometimes making us wonder whether the likes of Emperor Zhark, the Red Queen, and Pinky Perkins may have aliases who serve in…
  • Plaintiffs’ Daubert Challenge Rejected

    Michelle Yeary
    2 Sep 2015 | 10:48 am
                This post is from the non-Reed Smith side of the blog.            If you skim through our Daubert posts, they are usually celebrating successful defense challenges to plaintiffs’ experts.  We have posts on repeat offenders like Blume and Parisian.  We have posts on unqualified experts – those with no educational or professional experience on the topics they wish to opine.  We have lots of posts on unsupported opinions, insufficient data and unreliable…
 
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    Crime and Consequences Blog

  • Is Miller v. Alabama Retroactive?

    Kent Scheidegger
    4 Sep 2015 | 2:19 pm
    In Miller v. Alabama, the Supreme Court declared that life-without-parole cannot be the mandatory sentence for murder when the murderer is 17 years, 364 days old or younger.  Of course, if he is one day older, then LWOP can be a mandatory sentence, and death is an allowed sentence.Under the rule of Griffith v. Kentucky, Miller applies retroactively to all cases that were still on "direct appeal" on the date it came down.  "Direct appeal" is the initial appeal of the case on the trial record, as distinguished from "collateral review," further attacks on the judgment that typically…
  • Ask Not What Your Dog Can Do for You...

    Bill Otis
    4 Sep 2015 | 2:07 pm
    I've done my share of criticizing the criminal defense bar, but I understand that it's indispensable to justice.Most of the time, in my experience, when the defense chooses to go to trial, what you're going to see is a dust storm designed to obscure the defendant's, shall we say, unfortunate behavior.  But make no mistake, there are times when defense counsel does heroic work in exposing gutter-level tactics by the prosecution.  I posted about one recently, and of course I noted (who didn't?) defense counsel's spectacular work dismantling the government's fake and, frankly, racist…
  • Your Daily Quiz on Racial Bias in Criminal Justice

    Bill Otis
    4 Sep 2015 | 1:14 pm
    We often hear that crime is bred by America's callousness, its class system, and its denying opportunity to those it excludes.  Of course, these are not the only explanations.Q:  Who said that our country must realize...that crime is generated by a lack of values that has largely gone unaddressed in our nation as a whole and in the black community in particular. Soaring unwed birthrates, absentee fathers, an aversion to work, an unwillingness to embrace societal standards and time-honored discipline -- all these factors have contributed to the problems we must now confront.A: Pick…
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    TalkLeft

  • Pre-College Football Open Thread

    Big Tent Democrat
    4 Sep 2015 | 12:26 pm
    College pigskin is back! And tomorrow the inaugural game choices. Expecting to return to my 60% hit rate! A little taste tonight - Boise State (-12) over Washington Mich State (-16) over Western Michigan Over 71 in the Baylor-SMU... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
  • Thursday. Open thread

    Jeralyn
    3 Sep 2015 | 6:40 am
    Here is a new open thread. All topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
  • Wednesday Open Thread

    Jeralyn
    2 Sep 2015 | 7:41 am
    I have a list of 50 or so things to do before I move. I'm on number 3. Here's an open thread, all topics welcome. I dumped the spam from the last week. I'll try to check it every night. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
 
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    TheFunded Founder Institute News

  • Founder Institute Expands in Pakistan, Now Officially Launching New Startups in Islamabad

    4 Sep 2015 | 11:23 am
    The Founder Institute, the world’s largest entrepreneur training and startup launch program, announced today that it is officially launching in Islamabad, Pakistan. With operations also in Karachi (applications open now!), the Founder Institute is now helping to launch early stage companies across two cities in Pakistan. Applications to the first ever Islamabad Founder Institute are open now, and anyone interested in launching a technology company is welcome to apply at http://FI.co/apply/islamabad. The Silicon-Valley based program decided to officially launch in Islamabad…
  • Behind the Scenes: Most Successful Founding Teams

    3 Sep 2015 | 10:30 pm
    “We were meant to be together,” a common phrase used by most couples. Despite the cliché, it’s been proven to be applicable for business partners and founding teams. Finding the right cofounder takes patience and persistence. Like any serious relationship, you’ll go through different stages, from power struggles to commitment issues. In analyzing a handful of co-founders, it’s apparent there is such a thing as entrepreneurial “soul mates,” but even the most lucrative founding teams ran into relationship barriers on the journey to success.
  • How to Split Equity with Cofounders

    3 Sep 2015 | 10:30 pm
    It's been well-documented that deciding to take on a cofounder can be a fruitful choice, improving the business prospects for many entrepreneurs. However, if one does partner up, there is one intimidating hurdle that must be overcome: Figuring out how to split equity. For those having trouble with this, Al Bsharah has one simple piece of advice: "Get over it." Al Bsharah is the cofounder of Embarke, a web service that increases clients' email engagement through behavioral analysis. He is also a San Diego Founder Institute Graduate. In "Co-Founders, It's Time to Split that…
  • Culture Can Make Or Break Your Startup

    3 Sep 2015 | 5:15 pm
    Have you ever wondered how important culture is to a company and whether having a cultural fit in a company matters? According to Glen Hellman, culture matters, and in his post below, he shares his experiences and explains why.  Glen Hellman is a Principal at Driven Forward LLC., a firm that supports entrepreneurs and venture investors by providing strategic guidance, interim executive leadership services, and executive coaching. In addition, he is a mentor for the Founder Institute.  The blog post "Your Company Will Win Or Lose On Culture" originally appeared on…
  • All of the Tools You’ll Ever Need for Your Bootstrapped Startup

    2 Sep 2015 | 1:59 pm
    Bootstrapping your company affords you more creative freedom in the overall direction of your company. However, relying on your own resources and funds to launch and run a startup comes with its own share of challenges. Luckily, we’ve compiled a list of startup tools that are free or cost-effective for the budding entrepreneur. From naming your company to startup legal basics, from sales and traction to team and advisors, we’ve got you covered for every stage of your startup. See the infographic below for all of the essential tools you’ll need for bootstrapping your startup:…
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    SCOTUSblog

  • Friday round-up

    Amy Howe
    4 Sep 2015 | 6:00 am
    Yesterday a federal district judge sent Kim Davis, a Kentucky county clerk, to jail after she continued to refuse to issue marriage licenses to same-sex couples even after the Supreme Court declined to stay the judge’s ruling ordering her to do so.  Lyle Denniston covered the latest developments for this blog, with other commentary coming from Howard Wasserman in two posts at PrawfsBlawg, Steven Mazie for The Economist, and Robin Wilson at the Illinois Law Faculty Blog. In the Supreme Court Brief (subscription required), Tony Mauro reports that a recent study on “the stock market impact…
  • A new legal cloud over same-sex marriage in Kentucky?

    Lyle Denniston
    3 Sep 2015 | 6:49 pm
    Five deputy county clerks in Rowan County, Kentucky — the scene of the first major courthouse battle over a conflict between the Supreme Court’s view on same-sex marriage and religious objections to it —  told a federal judge that they will start issuing marriage licenses to same-sex couples on Friday morning.  They did so after the judge sent the county clerk herself to jail for contempt of court, and threatened her deputies with the same fate. But even the judge conceded that those licenses, if issued,  may not be valid, although he refused to decide that issue and…
  • Judges predict foes will win on birth control mandate

    Lyle Denniston
    3 Sep 2015 | 5:50 pm
    Five federal judges, breaking ranks with a rising number of their colleagues on the federal courts of appeals, predicted on Thursday that the federal health care law’s birth-control mandate ultimately will fall, when tested in the Supreme Court by non-profit religious groups. The five are members of the U.S. Court of Appeals for the Tenth Circuit — one of six federal courts at that level which have upheld the Affordable Care Act’s requirement that contraceptive services must be made available for free, despite religious protests by non-profit colleges, hospitals, and…
 
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    Jim Calloway's Law Practice Tips Blog

  • Leadership Training - ABA Lead Law 2015

    Jim Calloway
    3 Sep 2015 | 2:51 pm
    The American Bar Association just sent me a notice that this week's early bird deadline for its ABA Lead Law 2015 has been extended until September 8. It will be held at Gunther Theatre, Peace Center in Greenville, SC on...
  • Starting (or Restarting) Your Law Firm with "Why?"

    Jim Calloway
    31 Aug 2015 | 2:25 pm
    Patrick J. Lamb of the Valorem Law Group spends more time than the average lawyer thinking about the operations of law firms. He is the author of the book Alternative Fees for Litigators and Their Clients. He has written and...
  • How to Attract Clients in the Digital Era -Digital Edge Podcast

    Jim Calloway
    31 Aug 2015 | 11:06 am
    I thought this was a very nice podcast on a timely topic. I'm just going to repeat much of Legal Talk Network's description of How to Attract Clients in the Digital Era. On this episode of The Digital Edge, Sharon...
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    Wise Law Blog

  • 140 Law - Legal Headlines for the Week of August 31, 2015

    Rachel, Law Clerk and Office Manager
    31 Aug 2015 | 6:33 am
    Here are the leading legal headlines from Wise Law on Twitter:Uber facing a gamut of legal challenges Christian law school fights B.C. law society's refusal to call grads to the bar - Hamilton SpectatorHigh Roller’s attempt to avoid $11.1m casino debt spoiled by Canadian CourtJudge: Current execution drugs may break Mississippi law Court Rules Clerk Must Issue Licenses for Same-Sex Marriages Supreme Court of Canada to decide fate of US$9.5B pollution judgment against .Former TV judge goes to jail: Contempt term went from 1 day to 5 days as Joe Brown kept talking Marc Rosenberg remembered…
  • 140Law - Legal Headlines for the Week of August 24, 2015

    Rachel, Law Clerk and Office Manager
    24 Aug 2015 | 5:59 am
    Here are the leading legal headlines from Wise Law on Twitter:CBC sued for using YouTube video without permissionClass action lawsuit alleges abuse at Ontario schools for deaf Nevada sheriff promises crackdown on Burning Man crime Lawyer plans charter challenge to Nova Scotia’s anti-cyberbullying law Catholic Children's Aid Society of Toronto sues man for $50M over similar website, alleged intimidationGoogle ordered to remove 'right to be forgotten' stories after 'right to be forgotten' rulingWomen get the vote in Saudi Arabia Michael Jordan Awarded $8.9 Million for Store's Use of His…
  • Health Care Practitioners: Please Don't Keep Notes About Your Patients' Discussions With Their Lawyers

    Rachel, Law Clerk and Office Manager
    20 Aug 2015 | 12:50 pm
    Today’s tip is for health care practitioners whose patients are involved in litigation.We recognize that it might be natural, and even good practice, for medical practitioners to ask their patients how their lawsuits are going.Particularly for those practitioners who provide counselling, these discussions may be essential to your work.Lawsuits can weigh heavily upon the psyches of those who find themselves involved in the legal system. The litigation itself can be very foreign and stressful. The future may in a very real way hinge on the outcome of their lawsuits. There may even be…
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    DennisKennedy.Blog

  • Catching Up – Here, There and Everywhere

    Dennis
    31 Aug 2015 | 6:45 pm
    I’ve had quite a few articles, podcasts and other things appear over the last few months, but not on this blog. It seemed like a good time to catch up and point to some of those. Tom Mighell and I have continued a good run of episodes on The Kennedy-Mighell Report podcast. Recent ones include:Summer Reading for the Tech-Savvy LawyerIs This the Golden Age of Podcasting?From Surface Pro to Windows 10 and Beyond: What the Future Holds for MicrosoftThe summer reading episode brought us one of my favorite responses ever. A listener told us that listening to the podcast actually got him to…
  • Are Lawyers Ready for Artificial Intelligence?

    Dennis
    30 Jun 2015 | 5:29 pm
    Tom Mighell and I have had an especially good run of episodes recently on The Kennedy-Mighell Report podcast. I especially want to recommend the most recent one “Are Lawyers Ready for Artificial Intelligence?“I had been seeing a lot of blog posts, articles, tweets and other mentions of AI, IBM Watson, machine learning and the like. I wanted to talk about it on the podcast. I had to convince Tom that we had something to add to the conversation. As usual, he did’t think he’d have much to say. And, as usual, when he says that, we have some of our longer episodes.In a way,…
  • ABA TECHSHOW 2015 – A Few Reflections

    Dennis
    7 May 2015 | 7:05 pm
    Another ABA TECHSHOW (#ABATECHSHOW) blazed by and I barely have had time to catch my breath afterward. I also had little time to catch my breath at the show – it was a whirlwind.The good news is that Tom Mighell and I captured our reflections on TECHSHOW in an episode of The Kennedy-Mighell Report podcast called, perhaps somewhat vaguely, “Dennis and Tom Go to ABA TECHSHOW,” which is the best place to get my thoughts on the show.No surprise – I had a great time, met lots of old and new friends, had some great conversations, saw some interesting new products, learned a…
 
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    Amazing Firms, Amazing Practices

  • Reinvent Law Channel: Check It Out

    Gerry Riskin
    2 Sep 2015 | 9:12 pm
      I invite you to check out a series of videos about law in the 21st century that recently attracted my attention. The series is being posted online by the Reinvent Law Laboratory, an initiative of Michigan State University’s College of Law. The lab’s Reinvent Law Channel makes presentations from its real-life conferences and workshops available to viewers at no charge. The Reinvent Law Channel’s speakers and topics are wide-ranging and diverse. Recent episodes include: “Artificial Intelligence and the Law,” by Richard Susskind, author of…
  • New General Counsel at Client Companies a Wake-Up Call: Rynowecer

    Gerry Riskin
    26 Aug 2015 | 9:09 pm
    Michael B. Rynowecer, President and Founder, The BTI Consulting Group Michael B. Rynowecer, President and Founder of the BTI Consulting Group, warns law firms that they should consider the appointment of new general counsel at any of their major clients to be a “wake up call.” He supports this caution with some interesting statistics, which he posted recently on his Mad Clientist blog: within fifteen months of being hired, he says, more than a third of new GCs have started working with at least one new law firm. This statistic becomes even more significant when he adds…
  • Baker & McKenzie Partner Speaks out on Benefits of Social Media

    Gerry Riskin
    19 Aug 2015 | 9:10 pm
    Eduardo C. Leite, the Global Chairman at Baker & McKenzie – one of the oldest and most prominent law firms in the world – has written a persuasive article for Bloomberg  on the benefits his firm has experienced from its participation in social media. He points out that Twitter, blogs and other social media platforms allow his firm to communicate not only with clients but among colleagues worldwide, giving the company a more human touch and a more forward-thinking profile. Leite says: Clients expect to be supported by firms that know them well, who understand their industries,…
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    The Innocence Project

  • Camera Angle Important in Recording of Interrogations

    4 Sep 2015 | 9:22 am
    To prevent false confessions, which have contributed to more than a quarter of the 330 DNA exonerations, nationally, the Innocence Project advocates that police departments video tape police interrogations so that juries can later determine if the confession was given voluntarily or was coerced. Yesterday, the National Science Foundation released a video explaining that the camera angle used in recording the interrogation can have an important effect on the ability of juries to accurately determine whether or not a confession was coerced.
  • Two North Carolina Exonerees Awarded Maximum Amount of Compensation from State

    3 Sep 2015 | 12:15 pm
    At a hearing on Wednesday, the state of North Carolina formally approved payment of the maximum amount of compensation ($750,000 each) to Henry McCollum and Leon Brown, half-brothers who spent more than 30 years in prison for a murder they did not commit.
  • Wrongful Conviction Cases Emerge, Citing Vehicle Recalls as “Newly Discovered Evidence”

    2 Sep 2015 | 2:25 pm
    In the wake of the February 2014 General Motors recall of 2.6 million cars and similar recalls by other automobile companies, drivers who were convicted of accident-related crimes are now challenging their convictions. According to an article in Bloomberg Business, at least four wrongful conviction cases have recently emerged citing GM’s recall as “newly discovered evidence,” and others are on record regarding defective vehicles from other automotive companies.
 
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    Law.com - Newswire

  • Judge Overturns Brady's 4-Game Suspension

    4 Sep 2015 | 9:00 am
    In a stinging rebuke to the National Football League and Commissioner Roger Goodell, Tom Brady's four-game suspension for his role in the alleged deflation of footballs at a New England Patriots playoff game in January was vacated Thursday in federal court.          
  • Texas Abortion Clinics Ask Supreme Court to Review Restrictions

    3 Sep 2015 | 9:40 am
    Raising the stakes that abortion will be on the decision docket in the new U.S. Supreme Court term, a Texas coalition of reproductive health clinics and physicians asked the justices on Wednesday to review a federal appellate court decision upholding state restrictions that, they say, would close more than 75 percent of the clinics in Texas.          
  • State Department Wants One Judge to Oversee Clinton Email Searches

    3 Sep 2015 | 7:47 am
    The U.S. Department of State has asked the federal district court in Washington to assign a single judge to oversee issues related to the search of Hillary Clinton's emails and records provided by her former State Department aides.          
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    Law.com - Newswire

  • Judge Overturns Brady's 4-Game Suspension

    4 Sep 2015 | 9:00 am
    In a stinging rebuke to the National Football League and Commissioner Roger Goodell, Tom Brady's four-game suspension for his role in the alleged deflation of footballs at a New England Patriots playoff game in January was vacated Thursday in federal court.          
  • Texas Abortion Clinics Ask Supreme Court to Review Restrictions

    3 Sep 2015 | 9:40 am
    Raising the stakes that abortion will be on the decision docket in the new U.S. Supreme Court term, a Texas coalition of reproductive health clinics and physicians asked the justices on Wednesday to review a federal appellate court decision upholding state restrictions that, they say, would close more than 75 percent of the clinics in Texas.          
  • State Department Wants One Judge to Oversee Clinton Email Searches

    3 Sep 2015 | 7:47 am
    The U.S. Department of State has asked the federal district court in Washington to assign a single judge to oversee issues related to the search of Hillary Clinton's emails and records provided by her former State Department aides.          
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    Law.com - Newswire

  • Judge Overturns Brady's 4-Game Suspension

    4 Sep 2015 | 9:00 am
    In a stinging rebuke to the National Football League and Commissioner Roger Goodell, Tom Brady's four-game suspension for his role in the alleged deflation of footballs at a New England Patriots playoff game in January was vacated Thursday in federal court.          
  • Texas Abortion Clinics Ask Supreme Court to Review Restrictions

    3 Sep 2015 | 9:40 am
    Raising the stakes that abortion will be on the decision docket in the new U.S. Supreme Court term, a Texas coalition of reproductive health clinics and physicians asked the justices on Wednesday to review a federal appellate court decision upholding state restrictions that, they say, would close more than 75 percent of the clinics in Texas.          
  • State Department Wants One Judge to Oversee Clinton Email Searches

    3 Sep 2015 | 7:47 am
    The U.S. Department of State has asked the federal district court in Washington to assign a single judge to oversee issues related to the search of Hillary Clinton's emails and records provided by her former State Department aides.          
 
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    Law.com - Newswire

  • Judge Overturns Brady's 4-Game Suspension

    4 Sep 2015 | 9:00 am
    In a stinging rebuke to the National Football League and Commissioner Roger Goodell, Tom Brady's four-game suspension for his role in the alleged deflation of footballs at a New England Patriots playoff game in January was vacated Thursday in federal court.          
  • Texas Abortion Clinics Ask Supreme Court to Review Restrictions

    3 Sep 2015 | 9:40 am
    Raising the stakes that abortion will be on the decision docket in the new U.S. Supreme Court term, a Texas coalition of reproductive health clinics and physicians asked the justices on Wednesday to review a federal appellate court decision upholding state restrictions that, they say, would close more than 75 percent of the clinics in Texas.          
  • State Department Wants One Judge to Oversee Clinton Email Searches

    3 Sep 2015 | 7:47 am
    The U.S. Department of State has asked the federal district court in Washington to assign a single judge to oversee issues related to the search of Hillary Clinton's emails and records provided by her former State Department aides.          
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    Law.com - Newswire

  • Judge Overturns Brady's 4-Game Suspension

    4 Sep 2015 | 9:00 am
    In a stinging rebuke to the National Football League and Commissioner Roger Goodell, Tom Brady's four-game suspension for his role in the alleged deflation of footballs at a New England Patriots playoff game in January was vacated Thursday in federal court.          
  • Texas Abortion Clinics Ask Supreme Court to Review Restrictions

    3 Sep 2015 | 9:40 am
    Raising the stakes that abortion will be on the decision docket in the new U.S. Supreme Court term, a Texas coalition of reproductive health clinics and physicians asked the justices on Wednesday to review a federal appellate court decision upholding state restrictions that, they say, would close more than 75 percent of the clinics in Texas.          
  • State Department Wants One Judge to Oversee Clinton Email Searches

    3 Sep 2015 | 7:47 am
    The U.S. Department of State has asked the federal district court in Washington to assign a single judge to oversee issues related to the search of Hillary Clinton's emails and records provided by her former State Department aides.          
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    Jon Katz, Criminal Defense/DWI Lawyer » Jon Katz, Criminal Defense/DWI Lawyer |

  • Voice of America radio (French) interviews Jon about the rising U.S. murder rate.

    Jon Katz
    4 Sep 2015 | 4:23 pm
    After last week’s horrendous on-air murders (of course, all murders are horrendous) of TV news reporter Alison Parker and cameraman Adam Ward, French language Voice of America this morning invited me to join by phone for a live radio roundtable interview about reported rising homicide rates in various American cities. The broadcast is here. After finishing my morning trial, I called the interviewer, Jean-Roger Bion, back, told him I would be available, but wondered how much a criminal defense lawyer supporting teeth for the Second Amendment (while that amendment remains in place) would…
  • Fourth Circuit reverses conviction of pro se defendant, due to no sufficient waiver of counsel

    Jon Katz
    1 Sep 2015 | 9:00 pm
    Today, the United States Court of Appeals confirmed that said court has “never held that counsel can be relinquished by means short of waiver.” Consequently, the trial court’s finding of forfeiture of counsel by felony defendant Phillip Ductan’s uncooperative pretrial behavior during his criminal trial was insufficient to force him to proceed without a lawyer. A waiver of counsel was required to force him to proceed without a lawyer, but a sufficient waiver of counsel finding was not made by the trial judge. U.S. v. Ductan, ___ F.3d ___ (4th Cir., Sept. 2, 2015).
  • Sifting intelligence gems out of police hollering

    Jon Katz
    31 Aug 2015 | 9:00 pm
      Recently, I asked a police officer a few very direct questions about his actions with my client. Had I asked the questions more gently, I may have gotten no less a beneficial result, but I asked them as I did. The officer got irritated. He used a tone of voice that may have been calculated to intimidate me away from my questions. Intimidation has no place in my vocabulary unless I am intimidating someone else as part of a plan that fits the rules governing lawyers’ practice. I stuck to my guns and my questions. I have a choice when a police officer is getting irate at me. I can…
 
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    The Legal Satyricon

  • Denali Ain’t Just a River in Egypt

    Jay Wolman
    31 Aug 2015 | 9:56 am
    by Jay Marshall Wolman, CIPP/US I hate to admit it, but I first learned the term “Denali” when reading the Twilight series.  My wife and I had taken a vacation to the Pacific Northwest and visited the Olympic peninsula.  Edward and Bella references were everywhere, and we had no clue what it was all about. […]
  • Ashley Madison and Standing

    Jay Wolman
    21 Aug 2015 | 6:20 am
    by Jay Marshall Wolman, CIPP/US Recently, this blog has published posts on a new Connecticut law and a 7th Circuit ruling on data breach, both of address the issue of standing in class action data breach suits.  Standing, in plain terms, means having a legal right to sue based on an injury to you.  The […]
  • Knowing Employee Legal Rights

    Jay Wolman
    12 Aug 2015 | 1:57 pm
    by Jay Marshall Wolman, CIPP/US Shameless self-promotion: Today, I had the privilege of presenting “Knowing Employee Legal Rights” to a Cornell Alumni Leadership Lunch and Learn along with Prof. David Sherwyn. Video is here: https://vod.video.cornell.edu/media/Leadership+Lunch+and+Learn+Knowing+Employee+Legal+Rights/1_lymufsk9 Downloadable slideshow here:    http://alumni.cornell.edu/caco/documents/CornellLunchandLearn-KnowingEmployeeLegalRights.pdf Enjoy!Filed under: misc
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    Law.com - Newswire

  • Judge Overturns Brady's 4-Game Suspension

    4 Sep 2015 | 9:00 am
    In a stinging rebuke to the National Football League and Commissioner Roger Goodell, Tom Brady's four-game suspension for his role in the alleged deflation of footballs at a New England Patriots playoff game in January was vacated Thursday in federal court.          
  • Texas Abortion Clinics Ask Supreme Court to Review Restrictions

    3 Sep 2015 | 9:40 am
    Raising the stakes that abortion will be on the decision docket in the new U.S. Supreme Court term, a Texas coalition of reproductive health clinics and physicians asked the justices on Wednesday to review a federal appellate court decision upholding state restrictions that, they say, would close more than 75 percent of the clinics in Texas.          
  • State Department Wants One Judge to Oversee Clinton Email Searches

    3 Sep 2015 | 7:47 am
    The U.S. Department of State has asked the federal district court in Washington to assign a single judge to oversee issues related to the search of Hillary Clinton's emails and records provided by her former State Department aides.          
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    Chicago IP Litigation

  • New Federal Rules Will Impact Patent Litigation

    R. David Donoghue
    19 Aug 2015 | 3:58 am
    New Federal Rules of Civil Procedure set to take effect December 1, 2015, will have significant impact on patent litigation across the country. In fact, these changes are substantial enough that they may cause courts to rethink and revise local patent rules to accommodate the changes. It is important, therefore, to understand the rule changes. This post analyzes the critical changes and lays out how they impact patent litigation. Rule 26(b). Perhaps the biggest change to the Federal Rules is discovery limits. Instead of allowing discovery reasonably calculated to lead to admissible evidence,…
  • NPE Litigation is Back in 2015

    R. David Donoghue
    18 Aug 2015 | 3:34 am
    This recent RPX[1] report tells retailers what you likely already knew anecdotally – NPE cases are back. Patent litigation filings in the first half of 2015 are close to 2013 levels. As you are likely aware, this is in stark contrast to the large drops in 2014 filings. The 2014 drop was largely explained by the Alice decision and the large success rate of Alice motions – particularly at the Rule 12 stage. And of course, the high win rates in Patent Office post-issuance proceedings. But nothing has changed on those fronts, so why are the NPE’s back? Here are several explanations that,…
  • 2015 PWC Patent Litigation Study: “A Change in Patentee Fortunes”

    Anthony Fuga
    21 Jul 2015 | 7:55 am
    PWC has published the latest installment of its yearly patent litigation survey.  This year’s study has a focus on recent changes and how those changes are affecting patentees.  In particular, the PWC study provides eight key observations: Patent litigation declined by 13% in 2014. PWC asserts that this is driven by the Alice Corp. v. CLS Bank decision, which is certainly a reasonable assertion. From our view, the number of patent litigations filed is bouncing back in 2015, however. Damages continue a downward trend with the median damages award at its second-lowest point in 20 years, and…
 
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    Ohio Employer's Law Blog

  • WIRTW #380 (the “left of the dial” edition)

    Jon Hyman
    4 Sep 2015 | 5:00 am
    If you find yourself on the west side of Cleveland on the afternoon of September 12 or 13, stop by The Brothers Lounge to check out my kids’ latest rock ‘n’ roll adventure. Norah will be performing in School of Rock’s “Left of the Dial” show, featuring the pre-Nirvana alt sounds of The Replacements, R.E.M., Dinosaur Jr., Echo and the Bunnymen, and others. To whet your musical appetite, here’s a 15-second clip of Norah crushing the lead vocals on Concrete Blonde’s “Bloodletting”. A clip of Norah doing her thing, singing Concrete Blondes' "Bloodletting" at…
  • Employment policies are more than words on paper; they are a lifestyle

    Jon Hyman
    3 Sep 2015 | 4:55 am
    Yahoo CEO Marissa Mayer is in the news. In one breath, she announced that she is expecting twins, but will not be availing herself of her company’s generous maternity leave policy. Yahoo offers all new parents eights weeks of paid time off, and new moms an additional eight weeks. Mayer says that she will take “limited” time off and work throughout her short leave of absence. After the birth of her son in 2012, Mayer returned to work in less than two weeks. The New York Times quotes Joan Williams, director of the Center for WorkLife Law at the University of California, Hastings, who…
  • Is the government out get you? Find out on September 17 at our next breakfast briefing.

    Jon Hyman
    2 Sep 2015 | 5:20 am
    Join my partners and me on September 17 as we present Meyers Roman’s next Breakfast Briefing, Is the Government Out to Get You? Essential Human Relations Policies for Compliance. Recent aggressive initiatives by the EEOC, the DOL, the NLRB, and OSHA and their impact on your business are creating concern and uncertainty in the workplace. Credit/criminal background checks, LGBT discrimination, OSHA investigations, employee misclassification, and social media handbook policies will all be discussed at MRFL’s next Breakfast Briefing focusing on this most timely topic. Seth Briskin, Chair of…
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    idealawg

  • Interview of lawyer mediator Gary Friedman: How Conflict Professionals Can Use Self-Reflection to Help Their Clients

    StephanieWestAllen
    14 Aug 2015 | 6:05 pm
    This week I had the pleasure of interviewing long-time mediator and mediation trainer Gary Friedman. The sponsoring organization Purposeful Planning Institute (about which I have blogged here, here, and here; and for which I am Dean of Neuroscience and Contemplative Practices) is one that is close to my heart. The recording of this teleconference with a wise and thoughtful conflict professional was much appreciated and I thank both Gary and PPI. I hope you will enjoy listening.The PPI announcement of the teleconference with links for listening and reading is below. Inside Out: How Conflict…
  • These days you don't see events like this involving supreme court justices

    StephanieWestAllen
    7 Jul 2015 | 6:14 am
    From the ABA Journal, we learn of the colorful history of Supreme Court Justice Stephen Field. The events described in the article were hardly all that added color to his life story. For a more complete look at the man, read this review of Justice Stephen Field: Shaping Liberty from the Gold Rush to the Gilded Age, a biography. An excerpt: And, indeed, when Field made an enemy, apparently it was for life. Thus, one of his "critics," William Turner, described Field's career in California as "series of little-minded meanliness, of braggadocio, pusillanimity, and contemptible…
  • Join us next week for a teleseminar on Polarity Thinking in trusts and estates

    StephanieWestAllen
    22 Jun 2015 | 2:16 pm
    On Tuesday, June 30, 2015, at 12 Eastern, 9 Pacific AM, I will be moderating a teleseminar for Purposeful Planning Institute (PPI). The program description is below. Because of the topic and speakers, this will be an hour that is very informative and stimulating. If you are not a member of PPI, you may get a guest pass for this event by emailing here. Teleconference Details Title: New Tools in the Trustscape: How Polarity Thinking Addresses Dilemmas that Simply Won't Go AwayDate: June 30, 2015Time: Noon ET (60 Minutes)Guest Speakers: Daniel P. Felix, The Professional Trustee and Neesa…
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    best cell phone plans

  • Family Mobile Plans Presenting an Economical Solution

    Rafik
    31 Aug 2015 | 3:46 am
    The family mobile plans are great options for parents having kids spending minutes, messages and data plan. But it’s also very important to know everything about it, which carrier to choose and review every different offer in order to choose the best to be able to save some money. Always got to choose what’s best recognized in your area with the best reputation and review all of
  • Discover The Best Cell Phones for Seniors

    Rafik
    24 Aug 2015 | 2:48 am
    The main objective of designed phone for senior to improve their quality of life, from the ease and simplicity of use. These mobile devices must use technological advances to provide services to older people to enable them to communicate with your partner, family and emergency services. But this is not always so. In usphoneplans.com we will highlight some of the features that
  • Best Cell Phone Plans for Seniors Worth a Look

    Rafik
    17 Aug 2015 | 4:08 am
    Cell phones are important, especially for seniors who can live, driving and spend a lot of time alone. The benefits of owning a cell phone safety are obvious; call for help can be a necessity. Many wireless companies have changed their marketing efforts to push wireless packages for seniors that offer many of the same standard features as other wireless plans and similar and monthly
 
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    Privacy Law Blog

  • A Primer on Russia’s New Data Localization Law

    Courtney Bowman
    27 Aug 2015 | 2:05 pm
    Courtney Bowman Privacy and data security professionals worldwide should circle September 1 on their calendars, as it’s the day Russia’s new data localization law goes into effect – and possibly generates major waves far beyond Russian shores.  That’s because the law has significant implications for companies that collect personal information from Russian citizens, even if those companies do not have any physical presence within Russia.  This post provides an overview of data localization laws generally, with a special focus on Russia’s law and its potential effects. What are data…
  • Google Declares “Non!” to French Privacy Regulator’s Demands that Google Apply the “Right to be Forgotten” Worldwide

    Adam Waks
    24 Aug 2015 | 11:56 am
    Adam Waks In an expected but controversial move, Google has rejected a demand by the French Data Privacy authority CNIL to apply the European “Right to be Forgotten” worldwide. We have covered the E.U.’s Right to be Forgotten before, but here is a quick recap: under the E.U. rule, individuals have the right to require organizations that control personal data about them (“data controllers”) to delete all such data and abstain from further disseminating it. A data controller is required to act on an individual’s request to delete their personal data without delay unless they have a…
  • Sixth Circuit Rules that “Pocket Dials” May Not Be Entitled to an Expectation of Privacy

    Courtney Bowman
    4 Aug 2015 | 8:16 am
    Courtney Bowman In a move that may strike fear into the hearts of mobile phone owners everywhere, the Sixth Circuit recently ruled that a person’s “pocket dials” – those inadvertent calls made from a person’s mobile phone, generally when the phone is in its owner’s pocket, and alternatively referred to as “butt dials” – may not be entitled to an expectation of privacy. The facts of the case read like a nightmare scenario for those many mobile phone owners who already live in fear of making an accidental call to the wrong person at the wrong time. The plaintiff was the…
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    Lawyers, Guns & Money

  • Grotesque Misogynist of the Day

    Scott Lemieux
    4 Sep 2015 | 10:20 pm
    Damon Wayans.
  • The Wal-Mart Response

    Erik Loomis
    4 Sep 2015 | 3:48 pm
    Wal-Mart is claiming that its decision to pay higher wages (a response to the persistent criticism of the corporation for keeping its workers in such poverty that there are food donation carts asking employees to feed their coworkers in need) is costing its stockholders 24 cents a share this quarter. I find this unlikely, but whatever. The response of Wal-Mart to this of course is then to cut the hours of these workers in order to satisfy the investors, keeping workers in poverty. Of course, a major problem is that these companies pump almost all their profits into the shareholders: Walmart…
  • The U.S. and the Syrian Refugees

    Erik Loomis
    4 Sep 2015 | 3:11 pm
    The United States has taken an embarrassingly small number of Syrian refugees. That is especially true given U.S. complicity in the rise of ISIS and right-wing pressure to arm the Syrian rebels without accepting any consequences into what that would lead to (although I realize Obama did not allow this to happen). The U.S. has taken in 1500 refugees and will take in 300 more by October. 300? That’s ridiculous. In the 1970s, in the aftermath of the Vietnam War, the U.S. took in 125,000 refugees. Given the size of the Syrian crisis, I would say that is an excellent target number for the…
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    Lawyers.com Blog

  • FERS & CSRS Disability Retirement: The Consequence of Indecision

    5 Sep 2015 | 4:20 am
    Why is it that some are able to make thoughtful decisions within a relatively short span of time, while others are paralyzed by indecision?  Is it purely a reflection of that -- of "thoughtfulness" as opposed to lack of thought?  Or, perhaps because some have already predetermined the applicable criteria which is immediately instituted, like placing a window frame upon a hole in the wall, thereby capturing the stillness of scenery ensconced in a timeless warp of alternative displays?  Is it important to have set up a "criteria" upon which characteristic…
  • FORMER CEO FILES WRONGFUL TERMINATION LAWSUIT FOR $32M

    4 Sep 2015 | 12:28 pm
    Former Highmark Inc. President and CEO Kenneth Melani is suing the insurance provider for $32 million, claiming he was wrongfully terminated by the company in 2012. According to a complaint filed Wednesday in Allegheny County Common Pleas Court, Melani is seeking $25.8 million in severance and pension payments and $6.5 million in liquidated damages. Melani was fired “for cause” by the company’s board of directors April 1, 2012, following a domestic dispute with the husband of Melissa Myler. Melissa Myler was in a relationship with Melani and a Highmark employee. One week…
  • FORMER CEO FILES WRONGFUL TERMINATION LAWSUIT FOR $32M

    4 Sep 2015 | 12:28 pm
    Former Highmark Inc. President and CEO Kenneth Melani is suing the insurance provider for $32 million, claiming he was wrongfully terminated by the company in 2012. According to a complaint filed Wednesday in Allegheny County Common Pleas Court, Melani is seeking $25.8 million in severance and pension payments and $6.5 million in liquidated damages. Melani was fired “for cause” by the company’s board of directors April 1, 2012, following a domestic dispute with the husband of Melissa Myler. Melissa Myler was in a relationship with Melani and a Highmark employee. One week…
 
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    Connecticut Employment Law Blog

  • The Art of the Apology: Saying “Sorry” in the Workplace

    Daniel Schwartz
    3 Sep 2015 | 7:30 am
    Have you hit the target with your apologies? The Jewish holiday of Yom Kippur is quickly approaching.  While most people know that Jews are supposed to fast on that holiday (and ask G-d for forgiveness for their sins), one of the other traditions of the holiday is that Jews are supposed to apologize to all those we have wronged in the previous year. I must confess I hadn’t thought about that much until I listened to a great podcast recently from Unorthodox, which brought in the publisher of “SorryWatch”, a blog about the art of the apology, to talk about saying you’re…
  • Impact of NLRB’s Joint Employer Decision in Connecticut Still To Be Determined

    Daniel Schwartz
    2 Sep 2015 | 10:50 am
    My colleague, Jarad Lucan, who has been busy with his own labor cases, today returns with post about the latest from the NLRB.  There are many posts out there on the subject (here, here, and here, for example), so Jarad is going to touch on its impact for Connecticut employers.   As you’ve no doubt read, the National Labor Relations Board, refined its test for determining whether two ostensibly separate entities can be viewed as joint-employers.  In its Browning-Ferris Industries of California, Inc. case, the Board concluded that Browning-Ferrris was a joint employer of workers…
  • CHRO Right to Sue Letter Enough to Bring Federal Discrimination Claims to Court

    Daniel Schwartz
    31 Aug 2015 | 5:52 am
    In catching up over some interesting employment law cases from 2015, I came across Lennon v. Dolce Vida Medical Spa (download here).  You would be forgiven if you missed it because it’s an unreported Superior Court decision on a seemingly-technical issue. But, if followed by other courts, it has a notable twist. First, the simple background: In Connecticut, employees must typically file discrimination claims first with the state agency, the Commission on Human Rights & Opportunities before going to court.  These claims are, pursuant to a work-sharing agreement with the EEOC,…
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    Special Education Law Blog

  • Weekly Question!

    Jim Gerl
    31 Aug 2015 | 6:02 am
    The Kentucky handcuffing incident has reignited the debate about abuse of seclusion and restraints. What do you think should Congress pass a law requiring training and notification? ------- Thanks for subscribing! Jim Gerl
  • Rowley FAPE Standard: Some Vs Meaningful Educational Benefit #FAPEstandard

    Jim Gerl
    30 Aug 2015 | 12:20 pm
    As I have said here many times, special education law is closer to metaphysics than it is to contract law.  We don't have many solid hornbook rules.  Even the FAPE standard- perhaps the best established principle in this ever-growing area of law- sometimes seems to have some wiggle room.The basic requirement of the IDEA is that states must have in effect policies and procedures that ensure that children with a disability receive a free and appropriate public education, hereafter or“FAPE.” IDEA, Section 612(a)(1).  The IDEA defines “FAPE” as:  special education and…
  • Are Traumatized Students §504 Eligible?

    Jim Gerl
    25 Aug 2015 | 12:09 pm
    Kids who grow up in a ghetto are the subject of numerous traumas.  They experience more than their share of extreme stresses such as: street crime, domestic violence, race discrimination, routine violence, death and disruption. Are they, therefore, students with disabilities?A recent lawsuit asserts that ghetto students are entitled to additional services under §504.  The lawsuit involves students growing up in Compton, California. The Compton Unified School District is the primary defendant. Plaintiffs are asking for a class action to be certified. The complaint includes a lot of…
 
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    Drug Injury Watch

  • New FDA Warning That Januvia, Onglyza, Tradjenta, And Nesina Are Associated With "joint pain that can be severe and disabling"

    Tom Lamb
    28 Aug 2015 | 12:56 pm
    Label Changes About Side Effects For These Type 2 Diabetes Medicines In The Drug Class Called Dipeptidyl Peptidase-4 (DPP-4) Inhibitors (Posted by Tom Lamb at DrugInjuryWatch.com) In August 2015 the FDA announced that it has found indications of a new side effect for a class of diabetes drugs -- dipeptidyl peptidase-4 (DPP-4) inhibitors -- that includes Januvia, Onglyza, Tradjenta, and Nesina. The FDA found drug adverse event reports of arthralgia, or severe pain in one or more joints, associated with the use of DPP-4 inhibitor diabetes drugs, with Januvia being the one implicated most often,…
  • In The Shadow Of Recent Announcement About Diabetes Drug Jardiance Medical Study Results There Lingers Safety Concerns For SGLT-2 Inhibitors

    Tom Lamb
    21 Aug 2015 | 11:35 am
    As With Invokana and Farxiga, Jardiance Is Subject Of Several Drug Regulatory Agency Investigations About Ketoacidosis And Other Side Effects   (Posted by Tom Lamb at DrugInjuryWatch.com)   Jardiance is part of the Sodium-Glucose Co-Transporter-2 (SGLT-2) Inhibitors class of diabetes drugs, which also includes Invokana and Farxiga.  These new SGLT-2 diabetes medications -- which are distinctive from other diabetes drugs insofar that they make the kidneys extract a significant amount of sugar from the blood to be excreted in urine -- are prescribed to treat Type-2 diabetes.
  • New Anti-Clotting Drug Savaysa Can Be Dangerous As It Has No Treatment Approved To Reverse The Anti-Coagulant Effect In Cases Of Bleeding

    Tom Lamb
    13 Aug 2015 | 12:40 pm
    Like Eliquis, Xarelto, And Pradaxa, This New Blood-Thinner Is Being Sold By Drug Companies At A Time When Profits May Be Taking Priority Over Patient Safety (Posted by Tom Lamb at DrugInjuryWatch.com) Savaysa (edoxaban) is from the drug company Daiichi Sankyo, Inc. Savaysa is the fourth new oral anticoagulant (NOAC) that has been brought to the US market in recent years before any so-called "antidote" was approved by FDA -- like Pradaxa, Xarelto, and Eliquis. In a January 2015 FDA News Release that significant drug-safety issue was acknowledged.  From this item,  "FDA approves…
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    Bankruptcy Home Blog

  • Filing Texas Bankruptcy can I keep my assets?

    Beth
    4 Sep 2015 | 8:38 am
    Visit www.bankruptcyhome.com for the original content posted here, Filing Texas Bankruptcy can I keep my assets? Recently on our forum a user asked, “If I file for a Texas bankruptcy how much of my assets can I keep?” Some Texas bankruptcy filers have a fear that when they file Chapter 7 bankruptcy their creditors will come to their house with a U-Haul truck, back it into the drive way, load it […]
  • Judgment and getting my money if a debtor moves out of state

    Beth
    27 Aug 2015 | 10:11 am
    Visit www.bankruptcyhome.com for the original content posted here, Judgment and getting my money if a debtor moves out of state It is not unusual for someone who owes you money to move to a different state or have assets located in a different state than the state where the original judgment was issued. Recently on our legal forum a user asked, “If I sued someone and received a judgment for payment from the court but […]
  • Want to be debt free can bankruptcy help?

    Beth
    21 Aug 2015 | 8:31 am
    Visit www.bankruptcyhome.com for the original content posted here, Want to be debt free can bankruptcy help? For many Americans the idea of living debt free is simply a dream, something they only hoped to experience. Whether it’s personal loans, car payments, mortgage payments, school loans, or credit card balances, most Americans owe thousands of dollars in unsecured and secured debt obligations. Recently on our bankruptcy forum a user asked, “I am […]
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    Asbestos HUB: Medical and Legal Information

  • For BASF, huge potential liability emerges years after deal

    Tom Lamb
    3 Sep 2015 | 9:06 am
    When BASF acquired Engelhard Corp. nine years ago for $5 billion, executives unknowingly inherited a ticking legal time bomb. It all began decades ago over the seemingly mundane industrial product talc, used in everything from wallboards to handling auto tires on the factory line. In 1983, Engelhard quietly settled a lawsuit after its officials testified in depositions that talc produced by a company mine contained cancer-causing asbestos. All evidence was sealed and Engelhard and its law firm repeatedly said in subsequent lawsuits spanning more than two decades that the company’s talc…
  • Current Systemic Management of Pleural Malignant Mesothelioma

    Tom Lamb
    2 Sep 2015 | 1:26 pm
    Abstract Malignant mesothelioma remains an uncommon malignancy of the pleura. Standard systemic therapy involves the use of pemetrexed and cisplatin. Recent results of a phase III, randomized clinical trial presented at the American Society of Clinical Oncology (ASCO) Annual Meeting in June 2015 support the addition of bevacizumab to this regimen. The study showed that the addition of bevacizumab improved progression-free survival and overall survival in those without contraindications to vascular endothelial growth factor inhibitor therapy. Second-line therapies yield modest efficacy, but…
  • Plaintiffs Reload in Fraud Case Against Cahill, BASF

    Tom Lamb
    26 Aug 2015 | 1:33 pm
    After winning a high-profile appellate reversal last year, plaintiffs lawyers at Cohen, Placitella & Roth and Fox Rothschild have filed revamped allegations that Cahill Gordon & Reindel and BASF Catalysts conspired to destroy evidence in sprawling asbestos litigation…. The filing marks the latest development in a proposed class action brought in 2011 by the relatives of people who allegedly died from exposure to asbestos-contaminated talc made by Engelhard Corp., which BASF acquired in 2006. As The American Lawyer detailed in a feature story last year, Cahill and BASF are…
 
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    Cuckold Webcams | Cuckold Chat | RSS Feed

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    Real Lawyers Have Blogs

  • Blab et al

    Kevin O'Keefe
    4 Sep 2015 | 6:07 pm
    I ran across something called Blab.im yesterday afternoon in an online exchange among legal professionals. Seeing that it was some sort of video conferencing app similar to Google Hangouts, I asked on Facebook if anyone had heard of Blab, had used it and how it compared to Hangouts. Samantha Collier, a social media consultant to law firms from Vancouver, mentioned she would be attending a “blab” being held today by an education provider in Australia. The “blab” was to be a discussion about online copyright/IP issues. I stopped by for a few minutes and though the sound…
  • Connecting the dots with strategic law blogging

    Kevin O'Keefe
    3 Sep 2015 | 10:44 pm
    Most lawyers and law firms live in the past whenn it comes to blogs. They look to start blogs for existing practice groups or for long standing areas of the law they’re now looking to jumpstart. A better approach is to focus on the future by publishing blogs focused on growing areas of the law or geographic regions. This morning, Ann Lee Gibson, a competetive intelligence consultant to law firms, shared an article from Bloomberg on the unlikely cities that will power the U.S. economy. Rather than focusing on Silicon Valley and New York City, based on the research in the article, Gibson…
  • Top 10 in Law Blogs: Saying Sorry, Arbitration, FAA Drone Drill

    Colin O'Keefe
    3 Sep 2015 | 5:31 pm
    Apologizing isn’t always the easiest thing in the world—whether that’s in your personal or work life. While Dan isn’t here to help with the former, he has a great post on the latter. Over on LXBN, Zosha profiles Tom Crane in our LXBN Leaders series. Total posts on the LexBlog Network today: 188. Sorry seems to be the hardest word – updating your privacy policy – Kansas City lawyer Wade Kerrigan of Husch Blackwell on the firm’s blog, Byte Back What Does the Latest Uber Decision Mean for Your Gig Business? – San Diego lawyer Jennifer Rubin of Mintz…
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    Securities Docket

  • Securities Docket News Wire for September 4, 2015

    Securities Docket
    5 Sep 2015 | 5:55 am
    Financial Firms Can’t Ignore the Foreign Corrupt Practices Act | Institutional Investor http://t.co/bvs1SwrcfD -> Dakota State hosts US Senate cybersecurity field hearing | The Telegraph http://t.co/vHAgMzbsgr -> CalSTRS considers HUGE move to safety: Report — CNBC http://t.co/MWV8sgZtE9 -> Gallagher Out: SEC Commissioner Sets Departure Deadline of Oct. 2 | Compliance Week http://t.co/Ckjy1XlYn7 -> White House Considering Law Professor for SEC Seat – WSJ http://t.co/X8KYJvEvTg ->
  • Gallagher Out: SEC Commissioner Sets Departure Deadline of Oct. 2 | Compliance Week

    Securities Docket
    4 Sep 2015 | 12:34 pm
    Nearly four months after SEC Commissioner Daniel Gallagher announced his intention to depart the SEC, no successor has been nominated by the White House. Today, Commissioner Gallagher issued a short statement indicating that his offer to stay on as a commissioner now has an expiration date: Friday, October 2, 2015. via Gallagher Out: SEC Commissioner Sets Departure Deadline of Oct. 2 | Compliance Week
  • Securities Docket News Wire for September 3, 2015

    Securities Docket
    4 Sep 2015 | 5:55 am
    Fixing the Economics of Securities Class Action Defense: Nationwide Defense by Regional Firms | D&O Discourse http://t.co/xjTN8BAVq8 -> From Bad to Worse for Apple Day-Trader Sued by SEC | Compliance Week http://t.co/mhqh0pPLWp ->
 
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    HealthBlawg :: David Harlow's Health Care Law Blog

  • Get Your HIPAA House in Order

    David Harlow
    4 Sep 2015 | 8:07 am
    Many covered entities and business associates would like to “shoot the tube” when it comes to HIPAA compliance — ride it out and hope for the best. As the federales have been saying for some time now, the day of reckoning is coming for more covered entities — and now for business associates, too. OCR is inching closer to conducting more HIPAA audits — including audits of business associates. We’ve seen signs of the next round of HIPAA audits brewing, and covered entities started receiving questionnaires this spring seeking in part to identify business…
  • Accountable Care Organizations: The Show So Far

    David Harlow
    26 Aug 2015 | 5:34 am
    The Medicare Shared Savings Program is intended to lower costs and improve quality. If program participants succeed in meeting these goals, they are able to share in the savings — calculated by comparison to expected Medicare FFS expenditures for the same population if folks were not enrolled in an ACO. Many program participants have complained that the criteria for being able to share in the savings were too tough. and the latest version of the MSSP (ACO) regulations adding some flexibility in that department were finalized earlier this year. (See my post on the proposed ACO…
  • Pan Mass Challenge 2015

    David Harlow
    3 Aug 2015 | 2:27 pm
    [View the story “Pan Mass Challenge 2015” on Storify] David Harlow The Harlow Group LLC Health Care Law and Consulting                                 You should follow me on Twitter: @healthblawg                
  • The Operating System for Value-Based Care

    David Harlow
    27 Jul 2015 | 5:43 am
    In my role as counsel to Flow Health, I sat down with Neil Versel at the MedCity ENGAGE 2015 patient engagement conference in Bethesda to discuss the current environment: Meaningful Use, interoperability and the Flow Health philosophy of creating an operating system for value-based care that enables collaboration among patients, caregivers, providers and payors, by creating a longitudinal health record of complete EHR data – and tools to interact with that record – in order to drive improvements in health, in health care and in the health care system. Here are some highlights from that…
  • Pan Mass Challenge 2015 – Please Support My Ride

    David Harlow
    23 Jul 2015 | 5:21 am
    It’s that time again – the Pan Mass Challenge is coming up the first weekend of August, and this will be my twelfth year as part of the PMC. Every year, riders along the 2-day, 200-mile route are part of a village on wheels that comes together to fight cancer.  The 5000+ riders, and the volunteer bike mechanics, massage therapists, folks who prepare and serve food and drink, folks who come out in droves to cheer us on, and say “Thanks for riding,” all join together in support of a cause.  We need your help to support this cause — the Jimmy Fund at the Dana Farber Cancer…
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    Political GPS: Womble Carlyle Political Law

  • DC Circuit Court Rejects Challenge to SEC Pay-to-Play Rule

    Womble Carlyle Team
    26 Aug 2015 | 2:00 pm
    The DC Circuit Court has rejected an effort by the New York and Tennessee Republican Parties to set aside Securities and Exchange Commission Rule 206(4)-5.  The 2010 SEC rule prohibits investment advisers from providing services for compensation to a government entity within two years after a political contribution to a government official has been made by the investment adviser or its covered associates.  The plaintiffs contend that the rule exceeds the Commission’s statutory authority, and violates the Administrative Procedures Act and the First Amendment. The plaintiffs in…
  • Circuit Court Upholds Federal Contractor Contribution Ban

    Womble Carlyle Team
    10 Jul 2015 | 1:07 pm
    Earlier this week, a unanimous 11-member panel of the U.S. Court of Appeals for the District of Columbia Circuit upheld the long-standing ban on federal political contributions by federal government contractors. The Circuit Court, in Wagner v. Federal Election Commission, found the ban supported by the compelling governmental interest in protecting against quid pro quo corruption or its appearance. But the ruling was narrow in scope and left unaddressed questions about the ability of federal contractors to participate in political activities. Current federal campaign finance law bars federal…
  • Foreign National Political Contribution Laws Can Cause Confusion, Pain for Unwary

    Womble Carlyle Team
    28 Apr 2015 | 11:05 am
    A business executive writes a small check to a neighbor who is running for a seat on the local school board. It sounds harmless, but the executive isn’t a U.S. citizen and by writing that check, she has broken federal campaign finance laws.Womble Carlyle attorney and former Federal Election Commission Deputy General Counsel Jim Kahl regularly counsels multinational companies and their leaders about compliance with federal and state campaign finance laws. He said the rules surrounding campaign contributions can be tricky, and have caused problems even for well-meaning executives.“The…
  • New Government Contractor Political Contribution Disclosure Law Passed by Maryland General Assembly

    Womble Carlyle Team
    16 Apr 2015 | 1:08 pm
    On April 10, the Maryland General Assembly made significant changes to the state’s public contractor political contribution disclosure law. Many of the amendments were prompted by questions that had arisen regarding the most recent version of the law, which took effect just this past January. The new amendments clarify that a contractor awarded a single contract with a state or local governmental entity valued at $200,000 or more is covered by the disclosure law, regardless of whether that contract was awarded before or after January 1, 2015.An initial political contribution disclosure…
  • 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…
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    Colorado Law Blog - Personal Injury News and Information| Bachus & Schanker Attorneys

  • Follow these top protective gear tips to prevent a serious motorcycle injury

    Kyle Bachus
    2 Sep 2015 | 5:57 am
    Last year 92 motorcyclists lost their lives in crashes on Colorado roadways even though motorcyclists account for only 3 percent of vehicles on our streets. While most people know that wearing a helmet is a no-brainer when it comes to protecting motorcyclists and their passengers from fatal head injuries, it’s just as important to wear other personal protective equipment to keep motorcycling as safe as possible. In fact, the National Highway Traffic Safety Administration reports that the protective apparel worn by a motorcyclist provides the only defense against injury in a crash…
  • Uninsured Motorists are a Growing Threat to You and Your Family

    reese
    25 Aug 2015 | 7:30 am
    You’re driving along, when out of nowhere, a car blows through a stop sign and smashes into your car. An auto accident is bad enough, but the real pain comes when you learn that the at-fault driver doesn’t have auto insurance. Now what? According to the Insurance Research Council, roughly 12.6 percent, or nearly 30 million of our nation’s drivers are uninsured. Even worse, Colorado has the 9th highest rate of uninsured motorists – that’s one in six drivers, or nearly 600,000 uninsured motorists on our roadways. Despite that Colorado law requires every automobile…
  • Motorcycle Fatalities and Injuries are on a Dangerous Upswing in Colorado

    reese
    18 Aug 2015 | 7:57 am
    On a recent June evening in Aurora, a 53-year old motorcyclist collided with an SUV while attempting a left turn at a traffic signal. The motorcyclist, who wasn’t wearing a helmet, was thrown from his bike sustaining severe head trauma, and pronounced dead shortly after being rushed to the hospital. Tragic stories like these have become all-too-common in Colorado, and across our nation. In fact, each year nearly 5,000 motorcyclists are killed, and 93,000 more are injured, in motor vehicle accidents. According to the National Highway Traffic Safety Administration (NHTSA), the number of…
  • Bachus and Schanker Reviews – Katherine Weimer

    reese
    17 Aug 2015 | 3:19 pm
    Video Transcription I was headed up towards Walden Canyon and the girl that I was with looked down at the floor to see what I was picking up and over-corrected the car. Honestly, I was just glad I was alive and that the car had stopped moving, that was pretty much what went through my head. I had a great experience with this firm. If I was ever in another car accident, God forbid, I would come back to this firm. I wouldn’t go anywhere else. I had a really good experience. If you need a lawyer, come to this firm (Bachus and Schanker). Definitely, thank you very much (Bachus and…
  • Bachus and Schanker Client Review – Alferda Aguirre

    reese
    17 Aug 2015 | 3:18 pm
    Video Transcription We were going down Mississippi, we were going down West and the corner of Mississippi and Cody, they ran a stop sign and we hit her. It was like slow motion and yet it happened real fast. I couldn’t really tell you what I was thinking after the accident, I blanked out for a while and the paramedics and fire department had me already in a gurney, I guess you would say. They took me to the hospital and when I got there I kept saying “How were my kids?” I wanted to know how everybody was. Turns out the seatbelt broke and I hit the windshield and hit the dash…
 
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    P.I.S.S.D. -- Personal Injury, Social Security Disability. Dallas Texas Lawyers

  • Friday Fun

    Bob Kraft
    4 Sep 2015 | 7:53 am
    I love optical illusions, and this T-Rex is much better than most. The post Friday Fun appeared first on P.I.S.S.D. -- Personal Injury, Social Security Disability. Dallas Texas Lawyers.
  • Think Before You Drink: 10 States with the Harshest DUI Laws

    Bob Kraft
    3 Sep 2015 | 7:43 am
    A conviction of DUI can result in harsh consequences. However, these consequences are harsher in some states than others. While you should never get behind the wheel after having alcohol, some states will be more harsh with the punishments. Arizona The state with some of the harshest DUI laws is Arizona. Previously, extreme and repeat DUI offenders were required to install an ignition interlock device. These devices require a breath sample before the car will even start. If the driver has any alcohol in their breath, the car won’t start. If it does start, it requires breath checks on…
  • Estate Planning: 5 Reasons to Have a Last Will and Testament

    Bob Kraft
    2 Sep 2015 | 7:58 am
    Laws regarding estate planning and an individual’s last will and testament vary by state. Failure to make a will is a plan to fail. In the absence of a person’s will, his or her state government will make decisions about distribution of assets and the needs of children. Essentially, this means the court will divvy the deceased’s belongings between a spouse, relatives, and children. The decision about which heirs receive what belongs to the individual as long as he or she makes a will. Five of the best reasons to make a last will and testament include: 1. Appointment of Children, Elder…
  • Electric Cars – The Silent Ride can be Dangerous for Pedestrian and Others

    Bob Kraft
    31 Aug 2015 | 11:32 pm
    (Image credit: http://smartercharger.com/wp-content/uploads/2013/05/Electric-Car-Batteries.jpg) After typewriter, phone and jukebox, another machine joining the list for being upgraded to its electric counterpart is the car. Electric cars, propelled by an electric motor that is soundless, can successfully convert 60 percent of the domestic electrical energy. In comparison, conventional gasoline vehicles can convert only 20 percent of that energy. Better yet, the tailpipes of electric cars do not emit air pollutants like conventional vehicles do. Although these cars come with environmental and…
  • How Law Firms Can Improve Client Service

    Bob Kraft
    31 Aug 2015 | 7:14 am
    (Image Source: https://pixabay.com/en/hammer-books-law-court-lawyer-620008/ “The goal as a company is to have customer service that is not just the best but legendary.” Sam Walton Increasing revenue, building loyal client relationships, and having a competitive edge over rivals – these are just a few of the many goals of a law firm. Do you know there’s a magical success formula that can help your law firm achieve these goals? Enter outstanding client service. There is a sea of law firms in the U.S. What can help differentiate your law firm from the others is not just the legal…
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    Marquette University Law School Faculty Blog

  • Walker’s Presidential Campaign: Down but Not Out, Experts Agree

    Alan J. Borsuk
    2 Sep 2015 | 2:58 pm
    Wisconsin Gov. Scott Walker’s campaign for the Republican presidential nomination has slumped but that doesn’t mean you can predict his future in a race that is in an uncertain state. Three expert political observers agreed on both parts of that statement in an “On the Issues with Mike Gousha” program at Eckstein Hall on Wednesday. In short, Walker’s down, but don’t count him out. “It’s gut check time” for Walker, said Molly Ball, who covers national politics for The Atlantic. Walker has gotten away from the campaign messages that were working well for him both in Iowa and…
  • When Public Safety and Water Quality Collide

    David Strifling
    31 Aug 2015 | 3:38 pm
    Greater environmental protection and increased public safety are often believed to be synonymous, or at least to go hand-in-hand.  Sometimes, though, those goals are arguably in tension.  The application of salt to de-ice roads, parking lots, and sidewalks for safe travel is one such case.  Those who have lived and worked in northern climates are no doubt familiar with the sensation of excess de-icing salt crunching underfoot during the winter months, and have probably lamented the impact of excess salt on shoes, clothes, and vehicles.  Recent studies have shown that disproportionate…
  • Forward Thinking for a “New Season”

    James Wold
    31 Aug 2015 | 11:18 am
    During this time of the year when college football and the NFL are about to start anew, we as sports fans and consumers are inundated with numerous previews from websites and magazines (yes, some people still read things offline) about how the season will play out. Predictions before the season are like noses—everyone seems to have one. When I was a sports writer (oh, how long ago it seems), I dreaded the high school season previews. Not because we didn’t have good teams or outstanding players (ask me about current Michigan State junior wide receiver R.J. Shelton and I’ll have about 200…
  • Flynn: “I’d Like to See Fifty More Prosecutors”

    Alan J. Borsuk
    27 Aug 2015 | 3:19 pm
    Don’t look only to the police to solve the problems of high poverty communities, Milwaukee Police Chief Ed Flynn told a capacity audience Thursday in the Appellate Courtroom at Eckstein Hall. Flynn pointed to the need for better services to help people with mental illnesses and to deal with issues such as child abuse as steps that would help reduce crime. And when it comes to crime specifically, he pointed to what he saw as failings of both the state and federal systems for prosecuting and punishing criminals. Many criminals don’t face punishment that discourages them from offending.
  • Milwaukesha

    Michael K. McChrystal
    26 Aug 2015 | 2:52 pm
    Funny how the words fit together so smoothly yet, when combined, seem grating to the ears of many who reside in the region.  The peculiar antipathy between Milwaukee County and Waukesha County may reflect the ways in which people have segregated themselves geographically based on cultural/political orientation.  Waukesha County is 94% “white alone” according to Census Bureau data, while Milwaukee County is over one-quarter black or African-American and over one-eighth Hispanic or Latino.  In the 2014 gubernatorial election, over two-thirds of Waukesha voters supported Scott Walker,…
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    Green Building Law Update

  • What one change would you make to LEED to encourage green building?

    Stuart Kaplow
    30 Aug 2015 | 2:51 pm
    In recent days, I asked the question, “what one change would you make to LEED to encourage green building?” to four score and seven people familiar with green building. This was a highly unscientific poll that is not representative. The small sample was not randomly selected, but rather each was a professional working on green building projects, so the results have some statistical reliability. And when coupled with the result that more than 50% offered the same solution and the next offered solution polled at only 8%, the responses to this question, posed by someone not…
  • Court Blows Away Permits for Wind Turbine Eagle Kills

    Stuart Kaplow
    23 Aug 2015 | 12:21 pm
    On August 11, a federal court set aside the U.S. Fish and Wildlife Service rule allowing 30 year permits to “take” bald and golden eagles. In an industry born from tax credits and government energy policies an interruption of one of those key policies can bring wind turbine construction to a halt. The Bald and Golden Eagle Protection Act, which was enacted in 1940, imposes criminal and civil penalties against “whoever” shall “take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import” bald and golden eagles, except…
  • Climate Change Disclosures by Public Companies

    Stuart Kaplow
    14 Aug 2015 | 4:55 pm
    In recent weeks this law firm has received more inquiries than at any time in recent years about the Securities and Exchange Commission’s disclosure requirements for public companies as they apply to climate change matters. Possibly the Environmental Protection Agency's proposed rule for emission reductions for existing power plants triggered this heightened level of interest or it could be President Obama’s newly announced series of executive actions on climate change or maybe it is simply increased concern over shareholder activism. The SEC required disclosures are not limited…
  • Litigation over First LEED Platinum Building Comes to an End

    Stuart Kaplow
    8 Aug 2015 | 9:03 am
    On July 23, 2015, the parties in the lawsuit The Chesapeake Bay Foundation, Inc., et al v. Weyerhaeuser Company, et al, pending in the U.S. District Court for Maryland, filed a Stipulation of Dismissal with Prejudice following a confidential Settlement Agreement and Mutual Release. Because the settlement is confidential we do not know precisely how this case ended.   But we do know the facts as recited by the trial judge in a May 4, 2015 opinion ruling on motions, .. More than 15 years ago, CBF contracted with SmithGroup, Inc. to design the Philip Merrill Environmental Center,…
  • IgCC will now be Powered by ASHRAE 189.1

    Stuart Kaplow
    26 Jul 2015 | 1:01 pm
    Last Friday, the International Code Council and ASHRAE announced they signed an “agreement that the new version of the International Green Construction Code (IgCC), .. scheduled to be released in 2018, .. will be powered by” ASHRAE Standard 189.1 for the Design of High-Performance Green Buildings. Much of the early reaction has been nonplussed given that, today, there are only a handful of IgCC green buildings.   The ICC will still be responsible for IgCC Chapter 1, Scope and Administration, so that the green code will continue to be integrated into the ICC construction…
 
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    California Employment Law Report

  • Uber class action certified, five takeaways for California employers

    Anthony Zaller
    4 Sep 2015 | 9:26 am
    This week, a federal court in northern California certified portions of a class action brought by Uber drivers who worked in California since 2009 (click here for the decision [PDF]).  Over 160,000 drivers have worked for Uber in California during this time period, and while the case is making a lot of news, what are the key issues employers should understand about the ruling?  Here are five takeaways for employers from the decision: 1.     Employers must understand the class action procedure Employers with more than 30 or so employees should understand what a class action is, and the…
  • Nominated for 2015 Best Legal Blog – Now I need your vote

    Anthony Zaller
    2 Sep 2015 | 10:45 am
    If you have been a reader of this blog, I’m calling in a favor.  The California Employment Law Report has been nominated for the Expert Institute’s Best Legal Blog Contest (out of more than 2,000 blogs, 250 were selected for this). So if you have found any value from my blog, please click on the banner above, or visit this page and click on the ‘thumbs up’ button to register your vote (I promise it will take less than 10 seconds): https://www.theexpertinstitute.com/legal-blog/california-employment-law-report/ Thanks in advance for your support.
  • What are the biggest threats facing restaurateurs in 2015 and beyond?

    Anthony Zaller
    31 Aug 2015 | 3:03 pm
    I was able to catch up with California Restaurant Association’s CEO, Jot Condie at the 2015 Western Foodservice & Hospitality Expo.  We discuss the threats facing restaurateurs and the steps the CRA is taking to represent its members.  
  • Friday’s Five: Five recent employment law developments employers should heed

    Anthony Zaller
    28 Aug 2015 | 10:00 am
    This Friday’s Five covers five employment law developments that occurred in August 2015 that will have an impact for employers in California. 1)     NLRB ruling widens which companies may be considered “joint employers” In a 3-2 decision, the NLRB ruled that Browning-Ferris Industries of California, Inc. was a joint employer with a staffing agency, Leadpoint Business Services, and therefore the employees of Leadpoint have bargaining rights with Browning-Ferris Industries. The NLRB’s opinion stated that given the increase in employment placement agencies and temporary help…
  • Friday’s Five: Credit checks for applicants or employees

    Anthony Zaller
    21 Aug 2015 | 1:48 pm
    This Friday’s Five discusses five issues California employers should remember about whether they may require credit checks from applicants or employees.  And if employers can obtain the information, what additional considerations they should take into account when using this information for employment decisions and privacy concerns. 1.      Credit checks are different than background checks. Since January 1, 2012, Labor Code section 1024.5 restricts which positions employers can require credit checks.  It is important to note that credit reports or credit checks are different than…
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    The Rainmaker Blog

  • An Angler’s Approach to Casting for Clients

    Stephen Fairley
    3 Sep 2015 | 2:49 pm
    I love to fish.  If I am taking time off, it will most likely be with a rod in my hand and a heart full of anticipation for the ancient dance of man vs. fish. This photo of me and my wife Ruth was taken a few days ago up in Lake Tahoe. Landing these beauties led me to reflect on how many attorneys struggle with landing clients. In the angler’s vernacular, here are my tips for how to market your law firm to land the big ones: Find the right time.  The bait doesn’t matter if the fish aren’t feeding.  Understand what triggers a prospect’s need for your services. Find the right…
  • You Did It! (Now Can You Do It Again?)

    Stephen Fairley
    2 Sep 2015 | 2:39 pm
    Your vote for The Expert Institute’s Best Legal Blog Contest helped us make the top 250 legal blogs in the U.S.! Thank you! The Rainmaker Blog was selected from more than 2,000 nominees to be one of only 250 blogs chosen to compete in The Expert Institute’s Best Legal Blog Contest. Now, the voting segment of the competition is underway, where our blog will compete against some of the best legal blogs online today. And that’s why we need your vote again. There’s no registration. You just go to the site and vote. It takes 5 seconds. Really.  You can vote once a day. Just click on this…
  • Use These 6 Persuasion Techniques to Boost Your Lead Conversion Rates

    Stephen Fairley
    1 Sep 2015 | 2:51 pm
    Why does someone decide to hire you and not your competitor? Usually it is not how good you are as an attorney, it is how you make clients feel and how well they understand what’s in it for them. After all, perception is reality. The art of persuasion begins with an in-depth understanding of your target market.  You need to know their emotional triggers and their decision-making process and then leverage that knowledge to get them to act. Here are six well-proven persuasion techniques you can use to convert more leads into paying clients: Reciprocity. If someone gives you a gift, you feel…
  • Proven Ways Lawyers Can Get the Most Out of LinkedIn

    Stephen Fairley
    31 Aug 2015 | 3:16 pm
    We all know that building long-term, meaningful and influential relationships is foundational to a successful legal practice. People don’t hire law firms; they hire an attorney. The more people you connect with, the more opportunities you have to build meaningful relationships, and the more potential clients you can generate. With over 300 million members in over 200 countries, LinkedIn has quickly become THE ‘go to’ business-to-business directory and the most popular social networking platform dedicated to professional business development. One-third of business professionals on the…
  • The 2 Critical Numbers That Will Tell You If Your Law Firm Marketing is Working

    Stephen Fairley
    28 Aug 2015 | 2:08 pm
    Do you know how much money each lead is really costing you? How much does it cost you to get a new client? Knowing the answers to these questions can mean the difference between a profitable firm and a struggling one. Two of the most important metrics that every law firm should be tracking include: (1) your Cost Per Lead (CPL)  (2) your Cost Per Client (CPC) I’m going to show you a couple of simple ways to calculate these to help you maximize your marketing efforts.  Measuring Your Average Cost Per Lead  Every law firm must have a solid grasp on how much it costs their company to…
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    a public defender

  • Abolition of the death penalty is not a judicial “contrivance”

    Gideon
    21 Aug 2015 | 4:10 am
    There’s been a lot of commentary about the abolition of the death penalty in Connecticut since State v. Santiago [PDF] was decided last week. Some of it has been interesting and insightful, if a bit of the “shh-don’t-give-them-any-ideas” variety. Some has been predictable and offensive. A lot of the narrative has been what I call “conservative clickbait” with two themes: That the court engaged in judicial activism to overrule the clear will of the people of Connecticut, by abolishing death for all death row inmates retroactively, in clear…
  • From this day forward, [we] no longer shall tinker with the machinery of death

    Gideon
    14 Aug 2015 | 7:11 am
    Three years and four months ago, Connecticut abolished the imposition of the harshest penalty – death – for any offense, no matter how severe. There was one caveat, however. Those who already were sentenced to death remained so. In what was pretty blatantly an attempt to assuage those who felt uncomfortable voting to give life to two of Connecticut’s most notorious killers, the abolition was prospective only, with the fight for full repeal left to the courts. Two years after a full panel of the state Supreme Court heard oral arguments on whether every person on death row…
  • LaPointe gets a new trial

    Gideon
    1 Apr 2015 | 5:56 am
    Richard LaPointe’s quarter century quest to undo his conviction (my backgrounder post) finally has the stamp of approval of the State’s highest court. Yesterday, in a fractious 4-2 opinion [PDF], the court affirmed two findings: 1. That there was a Brady violation when the prosecution did not disclose a potentially exculpatory note, and; 2. His first post-conviction attorney was ineffective for not pursuing that avenue almost a decade ago. The basis is this: there was a note that was not turned over in which a police officer wrote notes from conversations with fire marshals. The…
  • Bail me out, bro

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

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

  • Court provides guidance on how to effectively communicate online terms of service

    Evan Brown (@internetcases)
    16 Aug 2015 | 10:01 pm
    Are online terms of service provided via hyperlink in an email binding on the recipient of that email? The Second Circuit recently addressed that question, and the decision gives guidance on best practices for online providers. Plaintiff booked a trip to the Galapagos Islands using defendant’s website. When she purchased her ticket, she got a booking information email, a confirmation invoice and a service voucher. (It is not clear how plaintiff got the confirmation invoice and the service voucher – the court’s opinion says they were sent as emails, but the PACER record does not show…
  • Is the Sixth Circuit willing to recognize a right to be forgotten under U.S. law?

    Evan Brown (@internetcases)
    13 Aug 2015 | 12:15 pm
    Recent FOIA decision questions the 20-year-old notion that defendants have no interest in preventing release of booking photographs during ongoing criminal proceedings. The Freedom of Information Act (“FOIA”) implements “a general philosophy of full agency disclosure” of government records. Since the mid-90s, the Sixth Circuit has required law enforcement to turn over booking photographs of defendants while ongoing criminal proceedings are occurring. Plaintiff sought the booking photos of four criminal defendants from the U.S. Marshall’s office. When the U.S.
  • Facebook hacking victim’s CFAA and SCA claims not barred by statutes of limitation

    Evan Brown (@internetcases)
    5 Aug 2015 | 8:46 am
    Knowledge that email account had been hacked did not start the statutes of limitation clock ticking for Computer Fraud and Abuse Act and Stored Communications Act claims based on alleged related hacking of Facebook account occurring several months later. Plaintiff sued her ex-boyfriend in federal court for allegedly accessing her Facebook and Aol email accounts. She brought claims under the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (“CFAA”), and the Stored Communications Act, 18 U.S.C. § 2701, et seq. (“SCA”). Both the CFAA and the SCA have two-year statutes of…
  • Is a DMCA subpoena to identify unknown infringers valid if the infringement has ended?

    Evan Brown (@internetcases)
    10 Jun 2015 | 7:30 pm
    The Digital Millennium Copyright Act (“DMCA”) is well-known for its notice and takedown provisions. But the DMCA provides a number of other interesting mechanisms, including a procedure for potential copyright plaintiffs to send subpoenas to online service providers to learn the identity of users who posted infringing content to that service. A recent case involving some subpoenas that a copyright owner sent to eBay examines the relationship between the notice and takedown procedures on one hand, and the subpoena mechanism on the other. The question before the court was whether a…
  • Casual website visitor who watched videos was not protected under the Video Privacy Protection Act

    Evan Brown (@internetcases)
    9 Apr 2015 | 6:11 am
    A recent federal court decision from the Southern District of New York sheds light on what is required to be considered a “consumer” who is protected under the Video Privacy Protection Act (VPPA). The court held that a website visitor who merely visited a website once in awhile to watch videos — without establishing a more “deliberate and durable” affiliation with the website — was not a “subscriber” to the website’s services and thus the VPPA did not prohibit the alleged disclosure of information about the website visitor’s viewing…
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    Florida Estate Planning Lawyer Blog

  • Florida Elder Law: tips for taking a vacation

    David M. Goldman
    4 Sep 2015 | 12:57 pm
    Long-term care is extraordinarily expensive, and the reality is that the majority of America’s senior care providers are in-home family members who provide those services out of the goodness of their hearts. These are usually family members that also have their own lives to live with careers and families of their own, so the additional daily schedule can be a big challenge However, a life without fun is not worth living, and we recommend that every person spend time to get away and rejuvenate from the daily grind of everyday life. So our message to anyone currently caring for a senior is to…
  • How to make sure your pets are taken care of after death.

    David M. Goldman
    4 Sep 2015 | 9:59 am
    One of the most forgotten assets, or even a beneficiary, in estate planning is a person’s pet. Many clients have dogs and cats that are close members of the family and need a way to be taken care of after the owner passes. With a pet trust, a person may leave money to be used for the care and support of the pet. Florida, along with most other states, currently allows individuals to create a trust with no human beneficiary. These trusts are usually drafted to take effect when the owner dies.   A pet trust can be created to care for one of more animals that are living during the…
  • Guardianship: Can I Oppose a Petition for Appointment of Successor Guardian filed by a Nominated Successor Guardian?

    David M. Goldman
    3 Sep 2015 | 8:39 am
    The short and quick answer is yes, it is a possibility, but you should first be familiar with applicable Florida Statutes and some definitions before proceeding.  A Nomination of Successor Guardian is a document drafted and notarized by a current guardian of an incapacitated person. It names who the guardian would want to take their place upon their death or incapacity.  It is not approved by a court and isn’t necessarily filed with the court either. We will use the following example: Your loved one, your niece, has been deemed incapacitated by a court order and her mother, your aunt, is…
  • How to replace or remove a Court Appointed Guardian in Florida?

    David M. Goldman
    25 Aug 2015 | 10:01 am
    Has your loved one been deemed incapacitated by a court order and had a court appointed guardian over their person and property? Do you believe the court appointed guardian is improperly taking care of your loved one and managing their assets in their best interest? Are you concerned for your loved one’s safety and health? Are you afraid their assets are being wasted? If you answered yes to one or more of these questions, you might be considering trying to remove the court appointed guardian and becoming the guardian of your loved one. Florida Statute 744.474 allows a court appointed…
  • Voluntary Guardianship in Florida

    David M. Goldman
    13 Aug 2015 | 12:54 pm
    In Florida, a voluntary guardianship over a person’s property is available for a competent person who is unable to manage his or her own financial affairs. To begin the process, the person seeking a voluntary guardianship files a petition with the court and is referred to as the petitioner. Once the petition is granted and a voluntary guardian is appointed by the court, the voluntary guardian has the authority to control and manage the financial affairs of the petitioner. A voluntary guardianship remains in effect until the petitioner’s death, incapacity or revocation of guardianship. The…
 
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    Slaw

  • The Friday Fillip: Vectors

    Simon Fodden
    4 Sep 2015 | 8:31 am
      For the next while the Friday Fillip will be a chapter in a serialized crime novel, usually followed by a reference you might like to pursue. Both this chapter of the book and the whole story up to this point can be had as PDF files. You may also subscribe to have chapters delivered to you by email.   MEASURING LIFE   Chapter 27 Vectors As it happened, Mitman didn’t get around to snooping until the next day. Sanders’ office had been on the second floor of what everyone called the Base Building, although Base Metals, the original ground floor hardware store, had shut its…
  • Fostering a Culture of Legal Literacy

    John-Paul Boyd
    4 Sep 2015 | 8:00 am
    I have had the good fortune of being involved in a number of groups and initiatives aimed at improving access to justice and reforming family law processes over the last several years – from pro bono advice clinics and rosters, to public legal information websites and Wikibooks, to the reconstruction of court rules and legislation – and have recently become plagued by the feeling we’re getting something wrong, that there’s something more fundamental at play I’m overlooking. Partly this stems from the observation in Meaningful Change for Family Justice: Beyond Wise Words (PDF) that…
  • Re-Imagining Self-Help Materials for the Public

    Kari D. Boyle
    4 Sep 2015 | 4:00 am
    While legal-related self-help materials may be “accessible” (available in plain language) they are not always “deployable” (actually used by a person to deal with their legal problem). I learned this lesson the hard way. Recently, I was asked to create a simple list of civil negotiation and conflict resolution “tips” for use by people unrepresented by counsel. I figured this would be a relatively simple task drawing on my legal and mediation background. I also assumed that I could mimic plain language and aimed for a Grade 9 level. I shared my draft with my colleague for comments…
  • AODA, the Customer Service Standard, and Service Animals: Part 2- What Is Required?

    Gabriel Granatstein
    3 Sep 2015 | 11:15 am
    This is Part 2 in a series looking at the requirements related to “service animals” under the Accessibility Standards for Customer Service, Ontario Regulation 429/07 (the “Standards”) of the Accessibility for Ontarians with Disabilities Act (the “Act”). Please click here for Part 1. Section 4 of the Standards requires organizations providing “goods and services to the public or other third parties at premises owned and operated by the provider of the goods or services” (“Providers”) to ensure that a person with a disability accompanied by a service animal “is…
  • Thursday Thinkpiece: Beggs and Kaufman on Alternative Legal Career Paths

    Administrator
    3 Sep 2015 | 11:01 am
    Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form. Out of Practice: Exploring Legal Career Paths in Canada Leeann Beggs, Director of Student and Associate Programs at Gowling Lafleur Henderson LLP – Ottawa Amy Kaufman, Head of William R. Lederman Law Library, Queen’s University © 2015 Carswell. Reprinted with permission. Excerpts: from Introduction and…
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    Florida Estate Planning Lawyer Blog

  • Florida Elder Law: tips for taking a vacation

    David M. Goldman
    4 Sep 2015 | 12:57 pm
    Long-term care is extraordinarily expensive, and the reality is that the majority of America’s senior care providers are in-home family members who provide those services out of the goodness of their hearts. These are usually family members that also have their own lives to live with careers and families of their own, so the additional daily schedule can be a big challenge However, a life without fun is not worth living, and we recommend that every person spend time to get away and rejuvenate from the daily grind of everyday life. So our message to anyone currently caring for a senior is to…
  • How to make sure your pets are taken care of after death.

    David M. Goldman
    4 Sep 2015 | 9:59 am
    One of the most forgotten assets, or even a beneficiary, in estate planning is a person’s pet. Many clients have dogs and cats that are close members of the family and need a way to be taken care of after the owner passes. With a pet trust, a person may leave money to be used for the care and support of the pet. Florida, along with most other states, currently allows individuals to create a trust with no human beneficiary. These trusts are usually drafted to take effect when the owner dies.   A pet trust can be created to care for one of more animals that are living during the…
  • Guardianship: Can I Oppose a Petition for Appointment of Successor Guardian filed by a Nominated Successor Guardian?

    David M. Goldman
    3 Sep 2015 | 8:39 am
    The short and quick answer is yes, it is a possibility, but you should first be familiar with applicable Florida Statutes and some definitions before proceeding.  A Nomination of Successor Guardian is a document drafted and notarized by a current guardian of an incapacitated person. It names who the guardian would want to take their place upon their death or incapacity.  It is not approved by a court and isn’t necessarily filed with the court either. We will use the following example: Your loved one, your niece, has been deemed incapacitated by a court order and her mother, your aunt, is…
  • How to replace or remove a Court Appointed Guardian in Florida?

    David M. Goldman
    25 Aug 2015 | 10:01 am
    Has your loved one been deemed incapacitated by a court order and had a court appointed guardian over their person and property? Do you believe the court appointed guardian is improperly taking care of your loved one and managing their assets in their best interest? Are you concerned for your loved one’s safety and health? Are you afraid their assets are being wasted? If you answered yes to one or more of these questions, you might be considering trying to remove the court appointed guardian and becoming the guardian of your loved one. Florida Statute 744.474 allows a court appointed…
  • Voluntary Guardianship in Florida

    David M. Goldman
    13 Aug 2015 | 12:54 pm
    In Florida, a voluntary guardianship over a person’s property is available for a competent person who is unable to manage his or her own financial affairs. To begin the process, the person seeking a voluntary guardianship files a petition with the court and is referred to as the petitioner. Once the petition is granted and a voluntary guardian is appointed by the court, the voluntary guardian has the authority to control and manage the financial affairs of the petitioner. A voluntary guardianship remains in effect until the petitioner’s death, incapacity or revocation of guardianship. The…
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    Native American Legal Update

  • Washington Tribes Win Gasoline Tax Compact Litigation

    Greg Guedel
    27 Aug 2015 | 1:42 pm
    The Washington State Supreme Court has unanimously upheld a lower court ruling in a long-running lawsuit by non-tribal gas station owners challenging gas tax compacts negotiated in the past decade between the state and Indian tribes. The Supreme Court ruled that non-Indian gas station owners failed to prove that the payments to the tribes, which total about $30 million a year, were not refunds for taxes paid on motor vehicle fuels. “We also find no unconstitutional delegation of legislative power,” the court said in its 26-page opinion. Under the current system, tribes agreed to…
  • Tribes To Gain Access To Federal Law Enforcement Database Information

    Greg Guedel
    19 Aug 2015 | 4:24 pm
    Federal officials have launched a new program that will allow tribes access to national criminal databases, to help fix a system that has frequent breakdowns in information sharing between tribes and outside law enforcement authorities. The Tribal Access Program for National Crime Information, or TAP, will allow federally recognized tribes to enter criminal records into and pull information out of national databases overseen by the Criminal Justice Information Services Division of the Federal Bureau of Investigation. In addition to letting tribes submit data, it will also allow them to…
  • Oil Companies To Finance Tribal Salmon Habitat Cleanup

    Greg Guedel
    11 Aug 2015 | 10:02 am
    ExxonMobil Oil Corp., BP Products North America Inc., Shell, and over 50 other businesses will work together to clean up a Superfund site as part of a settlement agreement with the U.S. Department of Justice and the Puyallup Tribe of Indians and the Muckleshoot Indian Tribe. The agreement addresses historical hazardous waste dumping in a Tacoma-area bay that is connected to the Tribes’ fishing areas. The companies will provide funding to restore 121 miles of salmon habitat along the Lower White River which feeds into Commencement Bay, a registered Superfund site. In addition to…
  • Northwest Tribes Win Major Fishing Rights Ruling

    Greg Guedel
    13 Jul 2015 | 2:33 pm
      A federal judge has issued a favorable ruling for the Quileute and Quinault tribes in a dispute over the extent of their ancestral fishing grounds, ruling that the Quileute and Quinault's fishing grounds extend to where they historically harvested marine mammals. At issue in the case was the harvesting of Pacific Whiting in a particular fishery, which the Quileute and Quinault contend they are entitled to harvest. In an 83-page order, U.S. District Judge Ricardo S. Martinez concluded that the term "fish" in the Treaty of Olympia was meant to also include sea mammals like…
  • Federal Court Upholds Cancellation of Redskins Trademark

    Greg Guedel
    8 Jul 2015 | 9:49 am
    A Virginia federal judge has upheld the U.S. Patent and Trademark Office's decision to cancel the Washington Redskins' trademark registrations, rejecting the team's argument that the federal ban on offensive trademarks is unconstitutional.  The ruling from U.S. District Judge Gerald Bruce Lee affirms a decision last June by the USPTO's Trademark Trial and Appeal Board that “Redskins” violated Section 2a of the Lanham Act that bars “disparaging” registrations. The court's decision stated the challengers to the trademark had met the technical legal requirements to…
 
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    Technology & Marketing Law Blog

  • The Long-Term Promise of Privacy Federalism, Part 2

    Eric Goldman
    2 Sep 2015 | 9:32 am
    Yesterday, guest blogger Bilyana Petkova summarized some of her arguments in favor of “privacy federalism,” i.e., temporary state-level regulation of privacy matters, a topic she addresses more fully in a forthcoming article on SSRN. In helping her prepare her post, I organized my thoughts into some pros and cons of state legislatures as privacy regulation entrepreneurs. Here’s what I came up with: Some possible benefits of privacy federalism * States can get stuff done where Congress can’t. * States passing laws can prompt/force Congress to act. However, as Paul…
  • Google Books Defeats Copyright Lawsuit Using 512(c)–Avdeef v. Google

    Eric Goldman
    2 Sep 2015 | 7:18 am
    The wheels of justice move slowly. To wit, the main Authors Guild vs. Google Books litigation has been percolating in the courts for almost a decade (September 20 is the 10 year anniversary–how do you plan to celebrate?!). Despite the Second Circuit’s refusal of class certification, the case has produced some key defense wins along the way, including Google’s 2013 fair use ruling and the HathiTrust ruling. In parallel, we have seen occasional minor side challenges to Google Books, such as this suit by Stephen Matthew Avdeef. (The following facts are distilled from the…
  • Sisterly Online Squabbling Isn’t Criminal Stalking–People v. Selinger

    Venkat Balasubramani
    1 Sep 2015 | 11:37 am
    photo credit: Shutterstock/Memo Angeles – “Internet Troll Using a Computer” This is a stalking and harassment case. The complainant’s allegations are below: I observed a photograph of a telephone number and a caption stating, “Found on the street. No.callme # anytakers? # foragoodtime.” posted on Instagram by username “hannahleeselinger,” which is a username I know to be associated with the defendant. The telephone number in the above described photograph belongs to me, and I received approximately 15 telephone calls between October 10, 2014 and October 17, 2014…
  • The Long-Term Promise of Privacy Federalism, Part 1 (Guest Blog Post)

    Eric Goldman
    1 Sep 2015 | 9:08 am
    by guest blogger Bilyana Petkova [Eric’s introduction: as I’ve remarked previously, the academic and policy discourse about privacy focuses principally on the substantive legal boundaries of privacy law and pays comparatively little attention on which policymakers are best positioned to develop and supervise those rules. The “who” question in privacy policymaking has significant implications, as I pointed out when discussing the ironic consequences of class action lawsuits as a privacy regulatory mechanism. Elsewhere, I’ve written about the illogic of state legislatures as…
  • Judge Expresses Frustration With Overbroad Discovery Requests for Social Media Evidence–Farley v. Callais

    Eric Goldman
    31 Aug 2015 | 12:57 pm
    Photo credit: Underwater fishing net // ShutterStock.comAs we’ve discussed before, social media accounts are honeypots in litigation; they are irresistible data sources as an encapsulation of a person’s life. As a result, it’s become routine for litigators to seek massive amounts of social media evidence in litigation; and frequently we see judges rubber-stamp overbroad requests. One judge has had enough, and his words offer some great lessons. In a personal injury case, the defendant Callais requested “all of [the plaintiff Farley’s] Facebook activity and…
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    The California Employment Law Blog by Mediator Steven G. Pearl

  • Garcia v. Seacon Logix: Court Affirms Decision that Truck Drivers Were Employees, Not Independent Contractors

    Steven G. Pearl
    2 Sep 2015 | 8:00 am
    In Garcia v. Seacon Logix (7/16/15, pub. 7/30/15) --- Cal.App.4th ---, the plaintiffs were truck drivers who were classified as independent contractors, rather than employees. They filed a class action under Labor Code section 2802, alleging that they should have been classified as employees and that their putative employer, Seacon, should not have deducted truck lease payments or insurance premiums from their paychecks. The court found for the plaintiffs and entered judgment in their favor. Seacon appealed, arguing that the trial court's decision was not supported by substantial…
  • New Law: Civil Code sections 52.4 and 52.45 Now Protect Individuals from Violence Based on Gender, Gender Identity, Gender Expression, and Sexual Orientation

    Steven G. Pearl
    1 Sep 2015 | 8:00 am
    Just a quick note on AB 830, which expands the protections for people based on gender identity, gender expression, and sexual orientation. This is not an employment law, but many will find it of interest.Civil Code section 52.4 allows a person who has been subjected to gender violence to bring a civil action for damages against any responsible party. The law defines gender violence as an act of violence committed "at least in part based on the gender of the victim," or a "physical intrusion or physical invasion of a sexual nature under coercive conditions."AB 830 amends section 52.4 to…
  • New Law: New Labor Code Section 2500 Protects Grocery Workers' Jobs on Change of Ownership

    Steven G. Pearl
    31 Aug 2015 | 7:00 pm
    Just a quick word regarding AB 359, which provides protections to grocery workers upon a change of ownership of a grocery. With certain exceptions, upon the change of control of a grocery, the successor grocery employer must retain eligible grocery workers for a 90-day period, may not discharge those workers without cause during that period, and, upon the close of that period, must consider offering continued employment to those workers. Cal. Labor Code section 2500 et seq.The text of AB 359 is here. 
  • Yocupicio v. PAE Group: Ninth Circuit Addresses CAFA Jurisdiction in Case Raising Both Class and PAGA Claims

    Steven G. Pearl
    31 Aug 2015 | 8:00 am
    In Yocupicio v. PAE Group, LLC, ___ F.3d ___ (9th Cir. 7/30/15), the plaintiff filed a class and PAGA representative action alleging a number of wage and hour violations. The defendants removed the case under the Class Action Fairness Act (CAFA), and the district court denied the plaintiff's motion to remand. The plaintiff appealed, and the Ninth Circuit reversed, holding as follows: CAFA jurisdiction requires the following: a class of more than 100 members, "minimal diversity" among the parties, and an amount in controversy in excess of $5 million. The court found no question that the class…
  • Williams v. Superior Court: Cal. Supreme Court Grants Review of PAGA Incremental Discovery Ruling

    Steven G. Pearl
    21 Aug 2015 | 10:38 am
    In Williams v. Superior Court (Marshalls of CA, LLC) (5/15/15) --- Cal.App.4th --- (discussed here), the Court of Appeal held that in a PAGA action, the trial court may require the plaintiff to proceed with discovery incrementally, rather than receiving the names and contact information of allegedly aggrieved employees at the start of the litigation. The California Supreme Court granted review on August 19, 2015, stating the issues as follows: (1) Is the plaintiff in a representative action under the Labor Code Private Attorneys General Act of 2004 (Lab. Code, § 2698 et seq.) entitled…
 
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    ArkansasAppeals.com

  • Faulkner County Circuit Court Judge Mike Murphy Announces Candidacy for Arkansas Court of Appeals

    Tasha C. Taylor
    29 Aug 2015 | 12:26 pm
    Judge Mike Murphy Faulkner County Circuit Court Judge Mike Murphy announced this morning his plan to run for District 2, Position 2 of the Arkansas Court of Appeals on the March 1, 2016 election.  Judge Murphy was elected to serve as the 1st Division of the Faulkner County Circuit Court in May of 2014.  Prior to taking office for his elected position in January of 2015, Judge Murphy was appointed by Governor Mike Beebe to fill the vacancy left in the 2nd Division of the Faulkner County Circuit Court when the Arkansas Supreme Court removed Judge Mike Maggio from the bench last year.
  • Arkansas Supreme Court Chief Justice Hannah Retires; Professor Howard Brill Appointed to Fill Chief Justice Vacancy.

    Tasha C. Taylor
    29 Aug 2015 | 11:52 am
    Arkansas Supreme Court Chief Justice Jim Hannah Earlier this month, Chief Justice Jim Hannah announced his plans to retire early from his position on the Arkansas Supreme Court due to health issues.  Justice Hannah was first elected as an Associate Justice on the Arkansas Supreme Court in 2000 and later was elected to the Chief Justice position in 2004. The following is Chief Justice Hannah’s Resignation Statement: The people of Arkansas elected me to our state’s highest court in year 2000. I will be forever grateful. It is with great pride and pleasure that I have served on the…
  • Arkansas Supreme Court Election Update: Justice Paul Danielson to Retire, Circuit Court Judge Shawn Womack to Run

    Tasha C. Taylor
    31 May 2015 | 9:46 pm
    Justice Paul Danielson announced last week that he does not plan to seek re-election as an Associate Justice of the Arkansas Supreme Court at the end of 2016.  Justice Danielson said that he was grateful for the opportunity to serve and commented that he would seek re-election were it not for an Arkansas law requiring judges to retire by age 70 so as not to lose their retirement benefits. “I am eternally grateful to the people of Arkansas for allowing me the privilege of serving on this court for what will be ten years, after having served twelve years as a circuit judge,” Danielson…
  • Arkansas Supreme Court Decision Clarifies Rule Regarding Termination of Consensual Guardianship, but Some Questions Remain

    Andy Taylor
    26 Apr 2015 | 8:45 am
    In re Guardianship of S.H., 2012 Ark. 245, 409 S.W.3d 307 (“S.H. I“) and In re Guardianship of S.H., 2015 Ark. 75 (“S.H. II“) both address the rule that applies when a parent who originally consents to a guardianship later seeks to terminate the guardianship.  In S.H. I (decided in 2012), the Arkansas Supreme Court set forth a two-step burden shifting analysis for determining whether to terminate a guardianship in such situations.  In S.H. II (which was the second appeal of the same case, decided in February 2015), the Arkansas Supreme Court clarified the…
  • Temporary Custody Orders Not Appealable (And a Note of Caution)

    Andy Taylor
    21 Mar 2015 | 12:10 pm
    Strother v. Strother In Strother v. Strother, 2015 Ark. App. 196, the Arkansas Court of Appeals recently held that a decree that “does not contain a final award of custody” is not an appealable order.  A review of Strother, along with several other cases on this topic, reveals that the line between a final custody order and a temporary custody order is not always clear, so attorneys should be cautious before choosing not to appeal from what might appear to be a temporary custody order. In Strother, the dad and mom had married in 2001, and the mom had filed for divorce in 2013.
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    Allen & Allen Law Blog RSS Feed

  • Safety Tips for National Childhood Injury Prevention Week

    Allen, Allen, Allen & Allen Personal Injury Attorneys
    3 Sep 2015 | 7:00 am
    National Childhood Injury Prevention Week is an annual campaign to raise awareness of the preventable injuries that kill nearly 1 million children worldwide each year.
  • Drive Sober or Get Pulled Over

    Allen, Allen, Allen & Allen Personal Injury Attorneys
    31 Aug 2015 | 6:00 am
    From August 21st through Labor Day on September 7th, law enforcement will be cracking down on drunk driving as a part of the National Highway Traffic Safety Administration (NHTSA)’s Drive Sober or Get Pulled Over campaign.
  • Reducing Drunk Driving Injuries and Deaths – Drive Sober or Get Pulled Over

    Allen, Allen, Allen & Allen Personal Injury Attorneys
    27 Aug 2015 | 7:00 am
    In an effort to combat the deadly DUI epidemic, state and local law enforcement agencies nationwide are cracking down on drunk-driving with the 2015 “Drive Sober or Get Pulled Over” campaign.
  • What is Medical Malpractice? VIDEO

    Allen, Allen, Allen & Allen Personal Injury Attorneys
    24 Aug 2015 | 6:00 am
    Richmond, VA based medical malpractice attorney Malcolm P. McConnell answers the question "what is medical malpractice?" Doctors are human; they’re allowed to make mistakes Bad things sometimes happen during medical care, it doesn’t mean that there’s been medical malpractice or that the doctor did anything wrong. And it’s not medical malpractice if another doctor would have done things differently from the way your doctor did them. Doctors sometimes reasonably disagree on what the best approach to a patient problem is. The doctor does something unreasonable It’s medical malpractice…
  • Avoid Drunk Driving - Drive Sober or Get Pulled Over

    Allen, Allen, Allen & Allen Personal Injury Attorneys
    20 Aug 2015 | 6:00 am
    Drive Sober or Get Pulled Over is a national drunk driving enforcement crackdown created by the National Highway Traffic Safety Administration (NHTSA) to combat drunk driving across the country.
 
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    Construction Law Musings- Richmond, VA

  • Alert: AAA Construction Industry Rules Update

    Christopher G. Hill
    24 Aug 2015 | 6:00 am
    The American Arbitration Association has made some needed updates to their Construction Industry Arbitration and Mediation Rules, effective July 1, 2015.  Among the changes listed at their website are: A mediation step for all cases with claims of $100,000 or more (subject to the ability of any party to opt out). Consolidation and joinder time frames and filing requirements to streamline these increasingly involved issues in construction arbitrations. New preliminary hearing rules to provide more structure and organization to get the arbitration process on the right track from the beginning.
  • Don’t Waive Your Jury Trial Waiver Clause

    Christopher G. Hill
    21 Aug 2015 | 6:00 am
    Originally posted 2011-01-28 09:31:15. Republished by Blog Post PromoterFor this week’s Guest Post Friday, Construction Law Musings goes local.  Tom Lane is a litigation attorney at ThompsonMcMullan in Richmond, Virginia, and practices in various areas, including construction law.  Tom graduated from the University of Virginia School of Law in 2001, and he has been associated with ThompsonMcMullan since 2006. In an article published on its website this past Monday, the Virginia Lawyers Weekly highlighted a recent Fairfax County Circuit Court ruling that should be of interest to those…
  • Termination, Warranty Claims and Back Charges

    Christopher G. Hill
    21 Aug 2015 | 6:00 am
    Originally posted 2012-09-28 09:00:09. Republished by Blog Post PromoterFor this week’s Guest Post Friday here at Musings, we welcome Jim Fullerton.  Jim is the President of the law firm of Fullerton & Knowles, P.C.which has attorneys licensed in Virginia, Maryland, Pennsylvania, and the District of Columbia, is a Martindale Hubbell Peer Rated Lawyer AV Preeminent.  The firm represents owners, lenders, design professionals, suppliers, subcontractors, general contractors and other members of the real estate and construction industries, filing mechanic’s liens, surety bond and…
  • How Do You Get to the Five Year Mark? Some Practical Advice

    Christopher G. Hill
    21 Aug 2015 | 6:00 am
    For this week’s Guest Post Friday here at Construction Law Musings, we would like to welcome back (again) Sean Lintow Sr. of SLS Construction & Building Solutions. Sean has over 20 years working directly in the trenches in the construction arena. Since moving to Illinois, the focus of his business has shifted to helping builders, trade professionals& even code officials not only understand and meet the latest energy codes but how to improve their methods to accomplish it better and more affordably. Currently he is RESNET Rater, AEE CEA (Certified Energy Auditor), ENERGY STAR partner…
  • When Is Mandatory Arbitration Not Mandatory?

    Christopher G. Hill
    10 Aug 2015 | 7:16 am
    English: This is a locator map showing Charlottesville in Virginia. (Photo credit: Wikipedia) I have discussed my views on mandatory mediation in construction contracts at other places here at Musings and also discussed how the contract is king here in Virginia.  A recent Charlottesville, Virginia Circuit Court case combined these two concepts to allow a subcontractor to proceed straight to litigation despite various ADR provisions in the contract between it and the general contractor. In ProBuild v. DPR & Continental Casualtythe Court looked at a series of ADR steps that were to be…
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    Lowering the Bar

  • TIP: Destroy Sensitive Documents With Shredder, Not Chicken Farm

    Kevin
    4 Sep 2015 | 11:48 am
    Not only is there nothing wrong with destroying documents as a matter of course, everybody should be routinely destroying documents and other data they don't really need. See Arthur Andersen LLP v. United States, 544 U.S. 696, 704 (2005) (noting that "document retention policies"—which are technically also document destruction policies, but don't call yours that—are "common" and "not wrongful"). You may have a duty to preserve stuff that's relevant to pending or threatened litigation, or stuff the government requires you to keep (like certain tax records). But there's a lot of stuff that…
  • Teens Charged With Exploiting Themselves

    Kevin
    3 Sep 2015 | 12:24 pm
    Let me just warn you in advance that the following sentence will make no sense at all: After a 16-year-old Fayetteville girl made a sexually explicit nude photo of herself for her boyfriend last fall, the Cumberland County Sheriff's Office concluded that she committed two felony sex crimes against herself and arrested her in February. To be fair, it's a perfectly valid English sentence until one reaches the word "that." Only then does it turn batsh*t insane. As the Fayetteville Observer reports, the girl and her boyfriend (also 16 at the time) were discovered to be "sexting" each other, which…
  • The Taiwanese Animators Notice Missouri's Failed Gerrymander

    Kevin
    2 Sep 2015 | 10:32 am
    The story of the failed gerrymander attempt in Columbia, Missouri (see "Gerrymanders Miss One Person" (Aug. 31)), has been extremely popular, and not just in the United States. The famous Taiwanese Animators have now turned it into a video starring a cartoon Jen Henderson crusading against Monopoly-style villains.   Jen probably never dreamed she would reach this level of fame (yesterday's video starred Kanye West and Kim Kardashian, living in the White House), but such is life.          Related StoriesGerrymanderers Miss One PersonDanny…
  • Lawsuit Blames Negligent Six-Year-Old

    Kevin
    2 Sep 2015 | 5:30 am
    "A judge will now have to decide whether the six-year-old can be held legally responsible for her actions," says the Telegraph about a case pending in Austria. According to the report, the accident she's accused of causing "took place on the slopes of Hochhäderich mountain in the Bregenzerwald forest," and I assumed the reporter just made those names up but they turn out to be real places. The girl, who was part of a group taking ski lessons, allegedly "made a sudden turn" into the path of an adult skier, and the two collided. The adult woman claims to have been seriously injured by this,…
  • Gerrymanderers Miss One Person

    Kevin
    31 Aug 2015 | 10:54 am
    As you probably know, "gerrymandering" is the practice of redrawing the borders of a voting district for a specific purpose, usually if not always to make sure it has more of your supporters than opponents in it. This is nothing new, of course, but few gerrymanderers can have failed more spectacularly than those who crafted the Business Loop 70 Community Improvement District in Columbia, Missouri. The city council established the district in April for the purpose of improving the area of town shown above. According to the Columbia Tribune (also the image source), state law permits the voters…
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    Ohio Family Law Blog

  • College Expenses And Divorce

    Robert L. Mues
    4 Sep 2015 | 11:00 pm
    Child’s College Expenses Problematic Upon Divorce. Why it’s Important To Say What You Mean and Mean What You Say With the importance of higher education becoming more apparent every day, it is not uncommon for divorcing couples to decide to provide for their children’s college expenses. In Ohio, like many other states, domestic relations courts cannot ordera parent to pay these costs because the duty of support generally ends once a child reaches the age of 18 (or in some situations at 19) .  Nevertheless, the parties can negotiate a division of the college expenses and incorporate…
  • Uncoupling and Divorce

    Guest Contributor Donna F. Ferber, LPC, LADC
    28 Aug 2015 | 10:00 pm
    What is Uncoupling and How Does It Relate To Or Not Relate To Divorce? A few years ago when Gwyneth Paltrow and Chris Martin announced they were “consciously uncoupling”, many rolled their eyes at what felt like pretentious language. While “uncoupling” sounds a little strange, in truth, it may be a more precise way to describe the demise of a marriage and the subsequent unraveling of intertwined lives, then just saying “we are getting divorced.” Divorce is a legal process that culminates with a bang of a gavel. Uncoupling is the emotional process of ending…
  • Same-Sex Marriages: Should Judges Decline To Perform Same-Sex Marriages?

    Robert L. Mues
    22 Aug 2015 | 12:26 am
    Judicial Performance of Same-Sex Marriages: Personal Beliefs Must Take a Back-Seat to Impartiality Earlier this summer, the Supreme Court held that an individual’s right to marry a person of his or her choice to be a fundamental right under the United States Constitution. This ruling, highly publicized and long-anticipated, sparked expansive debate regarding Same-Sex Marriages across the country as citizens struggled to adapt their personal and professional lives in accordance with the Court’s intent to equally expand the rights of marriage to same-sex couples. Not long after, small…
  • Child Support: Jackpot Earnings Can Be seized From Child Support

    Anne Shale
    14 Aug 2015 | 10:28 pm
    Casino Jackpot? Maybe Not. Another ‘Weapon’ for the Child Support Enforcement Agencies of Ohio The State of Ohio has eighty-eight (88) counties and each county has a Child Support Enforcement Agency (“CSEA”) tasked with the collection of child support payments from Obligors (primarily Fathers and former Husbands). For many years, the Child Support Enforcement Agencies have been able to “intercept” Income Tax Refunds of Obligors having arrearages in their child Support Accounts.  Recently, a new “weapon” has been added to the arsenal of the…
  • Child Study: Fathers In-Kind Support For Child

    Robert L. Mues
    8 Aug 2015 | 12:50 am
    Recent Child Support Study Shows That We May Be Overlooking the In-Kind Support Low-Income, Non-Custodial Fathers Actually Provide In a recent article published in The Journal of Marriage and Family, a study of the child support provided by approximately 400 low-income, non-residential fathers suggests that “in-kind” support, that is, support in the form of something other than money, is not typically considered even though it constitutes about one quarter of the total support given. Click here to read the in-kind support study, Most courts only acknowledge formal or informal support…
 
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    3 Geeks and a Law Blog

  • Client/Matter Opening — What Can We Add to the Process?

    1 Sep 2015 | 4:15 pm
    Image [cc] highways england This is one of those posts where I start writing down my thoughts, not really sure where I'm going to end. However, that never stopped me before, so why let it stop me now? When I was at a Westlaw lunch today discussing the AALL conference in Philadelphia, I had a germ of an idea that started burrowing its way into my brain. We were discussing things like Project Management, KM, lateral hires, and new client/matter opening processes. That's when it hit me that it seems like there is some role for the library and knowledge services groups to play in delivering some…
  • Structured Dialogue about Diversity

    31 Aug 2015 | 7:53 am
    This article I wrote on Bank of America’s diversity program brings together so many themes discussed in previous posts. Target: TheBank has a commitment to diversity. I share this commitment. But for purposes of this post, it could be any general, abstract goal. Measure: The Bank actually measures diversity internally and externally. The Bank is not alone in this. But I have been shocked at how many law departments that make public commitments to diversity take the next logical step of measuring it. Instead, they setup committees, join task forces, sponsor events, etc. These are all…
  • Everybody Else is an Idiot

    24 Aug 2015 | 6:01 pm
    I’ve written multiple posts in praise of allied professionals, specialists, and experts who are increasingly vital to the delivery of competent legal services. But just as lawyers are not alone in the legal supply chain, lawyers are not alone in bearing responsibility for its deficits. As we head into ILTACON, I want to restore some balance to The Force by pointing out that we are all (author included) predisposed to myopia and stay-off-my-lawn syndrome. Three extreme anecdotes: A CIO I know feels like he serves in the clandestine services: our failures are known, our successes are not. He…
  • Pre-ILTACON: Interesting Times

    23 Aug 2015 | 7:06 am
    Lawyers who entered the profession when the standard means of production were a dictaphone and a dedicated secretary will, without any sense of irony, EMAIL me to tell me that technology has no impact on the way they practice law. One of the most underappreciated characteristics of technology is how quickly it can be assimilated into the ‘natural’ order of our lives. A decade ago, we didn’t have iPhones. Google Maps, Dropbox, Kindle, YouTube, Instagram, Skype, Twitter, and Facebook didn’t exist or were new and unfamiliar. A decade ago, a lawyer would actually attempt (but fail)…
  • Law Firm Librarians: An Under-Utilized Resource

    21 Aug 2015 | 2:35 pm
    There has been a lot of discussion in the blogosphere and twitter this week about the Bloomberg Law article “Law Firm Librarians Feel Underused and Underpaid” and the accompanying survey. First off, I want to thank Bloomberg BNA for conducting this survey, sharing the results with the law librarian community and David Perla, President, Bloomberg BNA Legal Division and Bloomberg Law, for discussing these results with me. I think this title was a bit misleading. Librarians were expressing their frustration that firms weren’t fully utilizing their talents. I think that leaner staffing…
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    The High-touch Legal Services® Blog...for Startups!

  • “Work Made for Hire” Can Convert a Contractor to an Employee

    Dana
    2 Sep 2015 | 6:19 pm
    In California, a “work made for hire” (WMFH) provision in a contract can convert a contractor to an employee. This post describes the statutory basis for this little-known area of the  law. Before providing details, I will note that the (likely unwanted) ability to convert a contractor to an employee will arise only under narrowly-defined circumstances. The independent contractor must be an individual rather than a legal entity (a corporation or limited liability company). The relevant contract must expressly specify WMFH treatment for the contractor’s work product. The…
  • Personal Cell Phone Use for Work Must be Reimbursed

    Dana
    5 Aug 2015 | 7:36 pm
    California Court of Appeal for the Second District (Los Angeles) This post discusses a 2014 case (Cochran v. Schwan’s Home Service, Inc.) which held that California employers must reimburse employees who use a personal cell phone for work. Plaintiff Colin Cochran, as class representative, brought a class action lawsuit against Schwan’s Home Service (“Home Service”) on behalf of 1,500 service managers employed by Home Service. The suit sought, among other things, reimbursement of the managers’ work-related personal cell phone expenses. California Labor Code The…
  • “Happy Birthday” May Be in the Public Domain, After All

    Dana
    28 Jul 2015 | 6:36 pm
    You probably have sung “Happy Birthday [to You]” countless times. This post is about a company that has been collecting royalties from that song and the possibility that those royalties soon may stop. In 1893, sisters Mildred Jane Hill and Patty Smith Hill published a collection of children’s songs. One of the songs – with the tune that we now know for “Happy Birthday to You” – was “Good Morning to All”. Good morning to you, Good morning to you, Good morning, dear children, Good morning to all. While no one knows for sure who wrote the…
  • Email Harvesting Violates CAN-SPAM

    Dana
    24 Jun 2015 | 5:40 pm
    This post about email harvesting being a violation of CAN-SPAM is based on an answer to a Quora question that I provided. (Please see Is email harvesting illegal? ) Definitions: Email Harvesting and CAN-SPAM Email harvesting is the process by which lists of email addresses are gathered for use in bulk emailing (spam). CAN-SPAM is U.S. federal legislation that aims to make commercial email (including commercial content on websites) more truthful, more transparent and more avoidable. (See all posts about CAN-SPAM .) Relevance of Email Harvesting to CAN-SPAM Under CAN-SPAM, email harvesting (15…
  • FTC Endorsement Guides FAQ Updated

    Dana
    11 Jun 2015 | 1:25 pm
    Several years ago, I wrote about the FTC Endorsement Guides. (These are known more formally as the Federal Trade Commission Guides Concerning the Use of Endorsements and Testimonials in Advertising.) This post discusses a recent update to the FAQ for the FTC Endorsement Guides. Scope of the FTC Enforcement Guides The following excerpts from the Introduction to the FAQ provide a succinct overview of the scope of the FTC Endorsement Guides. The Guides, at their core, reflect the basic truth-in-advertising principle that endorsements must be honest and not misleading. An endorsement must reflect…
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    Gamso - For the Defense

  • It's an Accusation So It Must Be True

    5 Sep 2015 | 7:43 am
    There is one and only one piece of evidence that it was Danny Brown who raped and murdered Bobbie Russell in December 1981. Her son, Jeffery, six-years old at the time, said it was. Danny spent 19 years in prison.  Then the DNA came back.  Wasn't him.  It was, the DNA said, Sherman Preston.  That was no surprise since around that time Sherman was implicated in a number of related crimes - always acting alone.  In fact, by the time the DNA came back, he was serving a life sentence for a similar crime just a little bit earlier - a crime for which he was convicted in…
  • A Corrections Officer Ain't No Ham Sandwich

    19 Aug 2015 | 9:37 pm
    The idea is that the grand jury is a check on prosecutorial abuse.  You get a bunch of citizens who scrutinize the prosecutor's evidence, challenge it even, and decide whether there's probable cause to believe the accused is guilty.  Not whether the accused is guilty.  Whether there's probable cause. In theory, they grand jurors get to call witnesses and question them.  The grand jury can investigate. Theory, of course, bears almost no relationship to reality.  In reality, grand juries do what prosecutors want them to do. (But see the runaway grand…
  • Fear of Flooding - UPDATE

    18 Aug 2015 | 5:26 am
    Are you a due process or a finality kind of guy?The question came from a judge.  We'd just met.  He knew nothing about me except that I was licensed to practice law.  He was cutting, as they say (and, by the way, just who are "they" that do all the saying?), to the chase.In a Times Op-Ed, Alec Karakatsanis, tells the story of Ezell Gilbert.In March 1997, he was sentenced to 24 years and four months in federal prison for possession with the intent to distribute more than 50 grams of crack cocaine. Because of mandatory sentencing laws, Mr. Gilbert was automatically sentenced…
  • 95% Error Rate

    15 Aug 2015 | 11:26 pm
    They call themselves criminalists or forensic scientists or something with a fancy name.  They come into court explaining that they've done these tests hundreds of times.  There are, they say, a whole bunch of points of comparison.  And when they find a match, they can point to those points.  You probably can't see those things certainly not without the forensic scientist pointing them out.  That's because you haven't been properly trained.  Had you been, just like those forensic scientists, you could see them.  And like those forensic scientists, you'd…
  • From Out of the Macabre Muck - UPDATE

    14 Aug 2015 | 5:18 am
    And so, it seems, Dr. Petit won't get his revenge.  Steven Hayes and Joshua Komisarjevsky won't be killed by the decent people of the State of Connecticut for the horrific invasion of the good doctor's home, the mother raped and strangled, the girls, 11 and 17, killed in a scorching blaze after gasoline was poured on them.  (And those are just the highlights.)Hayes and Komisarjevsky were among the 11 men left on Connecticut's death row after the legislature repealed the death penalty in 2012.  Prospectively only.  They'd have done it sooner, but put it off so Dr.
 
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    LawyersandSettlements.com Legal Blog

  • Week Adjourned: 9.4.15 – Ashley Madison, Safeway, Schneider Drivers

    LucyC
    5 Sep 2015 | 5:39 am
    Top Class Action Lawsuits It Takes a Brave Man… A brave folk has manned up and filed a lawsuit against Ashley Madison in the US—this one in Alabama. The data breach class action, filed  in federal court, claims the site and its owners and operators failed to protect its customers’ data or promptly alert them of […]
  • Paternity Test Shows he’s 50% a Dad (sort of…)

    LucyC
    1 Sep 2015 | 12:54 pm
    A night on the town recently got a whole lot more expensive for one unsuspecting father. This is certainly a weird one—in fact it’s been called precedent setting. The whole thing started out routinely enough—a mother of twins filed for public assistance in Passaic County, N.J., claiming that one man—her romantic partner—was the father of her […]
  • Week Adjourned: 8.28.15 – Keyless Ignitions, Washio, Starkist Tuna

    LucyC
    28 Aug 2015 | 5:50 pm
    Top Class Action Lawsuits Were Car Makers Keyless & Clueless? Heads up—Anyone with a keyless system for their Toyota, Ford, Nissan, Honda, BMW, General Motors, Volkswagen, Mercedes-Benz, or Hyundai—a defective automotive class action lawsuit has been filed against these car makers alleging that a flaw in the design of keyless fob systems has led to 13 […]
  • Worse than Ashley Madison Hack? Maybe a Mail-Order Bride…

    LucyC
    25 Aug 2015 | 1:51 pm
    Is it international infidelity month? First Ashley Madison goes to the mat over a massive data breach—and is now facing a class action in Canada for failing to live up to its promises… read into that what you may, and this week news of a yet another partnership gone sour —this one between a “Russian […]
  • Week Adjourned: 8.21.15 – Ashley Madison, Time Warner, Lennox

    LucyC
    21 Aug 2015 | 1:09 pm
    Top Class Action Lawsuits Were you “Outed”? …by the massive data breach of Ashley Madison? Are you one of some 37 million people who got caught with their firewalls down—sorry Ashley Madison’s firewalls? Well, further to all the talk about filing a class action, this week a data breach lawsuit was filed against the website. The […]
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    Bitter Empire | RSS Feed

  • Big Brother Season 17 Week 9: King James is Dead, All Hail the King

    Ariel Kay
    5 Sep 2015 | 6:15 am
    With Vanessa in power again, it seemed we were in for another boring-ass week of Austin’s Angels controlling the game. I was all set to fall asleep in front of my dumb TV, but King James swooped in and saved us from that sorry fate. Instead, the foursome was forced to start turning on their own. Plus, Double Eviction Night! Here’s how all the houseguests fared this week. Let the zings begin! Creeper of the Week (Oh, Who are We Kidding? Of the Whole Season): Austin   With first Vanessa, then Liz controlling the house this week, the hair model from Hell sat back and let the womenfolk…
  • Dude Ranch Tales: A Hitchhiker, EPA Spill Rafting, and a Motorboating Alpaca

    Sarah Turner
    4 Sep 2015 | 6:45 am
    [Note: both of the people in this story are named Sara(h). It’s only confusing if you read it aloud. Also, this is part 3 of a series. For part 1, click here and for part 2, click here.] OMG this dude ranch is amazing but not at all what we expected. But first: Telluride is our new favorite place. Its charm is largely due to the fact it has retained much of the town’s original architecture. In fact, Telluride was what I expected the ghost town to look like. Without all the people, of course. The Victorian Inn had a less extensive breakfast than our Snowmass hotel, but they did have…
  • Game Over: The Six Worst Video Game Movies

    Amber Petty
    4 Sep 2015 | 6:30 am
    Pixels, starring Adam Sandler and CGI 80’s video game creatures, arrived in theaters and succumbed to the terrible history of video game-based films. Pixels aside, here’s a list of the worst game adaptations thus far. 6. The Wizard The Wizard isn’t based on any individual video game, but touts the joys of a variety of Nintendo products, like the Power Glove! The Power Glove, it’s so bad! No, really. It’s functionality is quite poor. Like most kid gaming adventure comedies, it starts out with a boy with undiagnosed mental problems dealing with the fact that his sister just drowned.
  • Bitter Friday: Your Labor Day Cosplay Road Trip Extravaganza

    Brandon de la Cruz
    4 Sep 2015 | 6:15 am
    Whooo boy, have I got some stuff for you this week. First, it’s the most wonderful time of the year, and by that I mean it’s Dragon*Con time. I’ve been going since 2010 and there really is nothing better than turning 50,000 nerds loose in Atlanta for four days of debauchery1 and the occasional A-list celebrity appearance. So in honor of Dragon*Con (I’m there right now, in drag, as you read this) here’s a bonus mix I did a while back called Slytherin Onto the Dance Floor. (It has crossfades and everything!) If you’re also at Dragon*Con, feel free to come say hi. We’ll be in the…
  • Story Time: My Lactation Consultant is a Lesbian Werewolf

    Tara Jenson
    3 Sep 2015 | 8:02 am
    We’ve been taken by T-Rex, pounded in the butt by a vampire bus, and canoodled by Clippy – natch we’ve moved on to lesbian werewolf lactation consultants. Spoiler alert, our reaction went kinda like this: The post Story Time: My Lactation Consultant is a Lesbian Werewolf appeared first on Bitter Empire.
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    The Jury Room

  • Have reports of the death of the civil jury trial been premature?

    Rita Handrich
    2 Sep 2015 | 4:02 am
    As you know by now, I edit The Jury Expert for the American Society of Trial Consultants and we try to alert you when new issues upload 4 times a year. This issue is special since it focuses on the perhaps premature reports of the death of the civil jury trial. Here’s the Editor Note from the new issue of The Jury Expert explaining how it all evolved and with some extra  links thrown in so you can go directly to the articles themselves. –Rita When we at The Jury Expert saw Renée Lettow Lerner’s writing on the collapse of the civil jury system in the Washington Post when…
  • Talking about climate change without  knee-jerk responses from listeners

    Douglas Keene
    31 Aug 2015 | 4:02 am
    We recently posted new research on the secret to combatting distrust of science. Now we have more research on how to talk about climate change without setting off automatic and defensive reactions from listeners. Not many of our readers are going to be litigating climate change issues, but the challenge of discussing complex scientific issues with potentially controversial impact covers a far broader scope. These researchers wondered if there were ways to weaken the ideological divide (around climate change) and so did an experiment to see what sort of language “framing” would be most…
  • Identity Protective Cognition: Are you watching “I am Cait”?  

    Rita Handrich
    25 Aug 2015 | 4:02 am
    It’s the new reality show/documentary of the transgender transition of Cait Jenner. According to a new article in The Conversation, liberals and conservatives are both watching it but for very different reasons. The authors of this article (a group of philosophers) say that where you stand on the transgender debate is largely a function of your political ideology: liberals support her, conservatives question whether Caitlyn Jenner is mentally ill. Of course, say the authors, there are exceptions to these rules. Liberals and conservatives say they are watching because they want to “get the…
 
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    Karl Bayer's Disputing Blog

  • Houston COA Orders Legal Malpractice Case to Arbitration

    Beth Graham
    2 Sep 2015 | 1:40 pm
    Houston’s 14th District Court of Appeals has ordered a legal malpractice case to arbitration. In Cedillo v. Immobiliere Jeuness Establissement, No. 14–15–00101–CV (Tex. App. – Houston [14th], August 27, 2015), a Lichtenstein-based limited partner, Immobiliere Jeuness Establissement (“IJE”), of two Texas limited partnerships (the “Original Partnerships”) initiated litigation against them in 2009. In response, the Original Partnerships secured the services of a San Antonio-based law firm (“DCM”). The parties’ Legal Representation Agreement included an arbitration…
  • Reasoned Awards in International Commercial Arbitration: Embracing and Exceeding the Common Law-Civil Law Dichotomy

    Beth Graham
    1 Sep 2015 | 2:08 pm
    University of Missouri School of Law Professor S.I. Strong has written “Reasoned Awards in International Commercial Arbitration: Embracing and Exceeding the Common Law-Civil Law Dichotomy,” 37 Michigan Journal of International Law, 2016, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2015-18. In her publication, Professor Strong analyzes the requirement for reasoned awards in the context of international commercial arbitration. Here is the abstract: Over the last few decades, international commercial arbitration has become the preferred means of…
  • El Paso COA Orders Workers' Compensation Non-Subscriber Negligence Lawsuits to Arbitration

    Beth Graham
    25 Aug 2015 | 7:54 am
    Texas’ Eighth District Court of Appeals has ruled that a boot manufacturer may require its workers to arbitrate their workplace injury claims under a provision included in the workers’ employment contract. In Lucchese Boot Co. et al. v. Licon, No. 08-14-00228-CV, Lucchese Boot Co. et al. v. Solano, No. 08-14-00229-CV, and Lucchese Boot Co. et al. v. Rodriguez, No. 08-14-00230-CV, (Tex. App. – El Paso, July 29, 2015), several workers filed various negligence complaints against their employer, boot manufacturer Lucchese Inc., in El Paso. Although such personal injury cases would typically…
  • The Contingency of Courts: Changing the Experiences and Logics of Publics’ Role in Court-Based ADR

    Beth Graham
    24 Aug 2015 | 8:10 am
    Judith Resnik, Arthur Liman Professor of Law at Yale Law School, has written “The Contingency of Courts: Changing the Experiences and Logics of Publics’ Role in Court-Based ADR,” Nevada Law Journal, Vol. 15, p. 951, 2015. In her scholarly article, Professor Resnik examines the effect that arbitration and other alternative dispute resolution mechanisms have had on the nation’s court system. Here is the abstract: Debate exists about how much alternative dispute resolution (ADR) is used in courts and about the metrics by which to evaluate its impact. Yet on two measures — the volume of…
  • Nominate Disputing for Best Legal Blog of the Year!

    Renee Kolar
    20 Aug 2015 | 3:03 pm
    Disputing is up for Best Legal Blog Award of the year and we need your help! Every year, the Expert Institute creates the largest and most comprehensive ranking of legal blogs online today as chosen by thousands of voters. If you enjoy reading our ADR focused blogs, take a moment and nominate Disputing Blog (www.disputingblog.com) for best blog in the Niche and Specialty category!  Nominate Disputing Blog at the link below: https://www.theexpertinstitute.com/blog-contest/ We’re proud to be one of the few blogs covering ADR with in-depth original commentary from our exceptional writers…
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    Bar & Bench

  • Why the MHA cancelled Greenpeace India‘s FCRA registration

    Smrithi Suresh
    5 Sep 2015 | 4:53 am
    The Delhi High Court Greenpeace India’s troubles with the Indian Government continue; this time around it is the cancellation of the NGO’s FCRA registration. In an affidavit filed before the Delhi High Court, the Ministry of Home has stated the cancellation was due to a number of statutory violations. More specifically, according to the MHA, Greenpeace India has made the following violations: 1. Greenpeace did not take the requisite permission before transferring funds from FCRA Utilization account to another account 2. It mentioned incorrect amounts of foreign contributions…
  • This is the right time to join litigation – Vivek Reddy of Vivek Reddy Law Chambers

    Anuj A
    4 Sep 2015 | 4:35 am
    After working for nearly half a decade in the US, NLSIU-grad Vivek Reddy came back to India and began a litigation practice in Hyderabad. Eight years into the field, Reddy now has a significant presence in the city with his firm Vivek Reddy Law Chambers. In this interview with Bar & Bench, he talks about what it takes to become a successful litigating lawyer, coming back to India, and what kept him going through the initial difficulties. Anuj Agrawal: After your LL.M, you worked in the US for a few years before returning. Vivek Reddy: I always wanted to join litigation immediately but…
  • JSA, Trilegal act on Godrej Agrovet’s 45% acquisition in Astec LifeSciences

    Bar &#38; Bench
    4 Sep 2015 | 3:43 am
    Godrej Agrovet has bought a 45.29% stake in agrochemicals company Astec LifeSciences. According to reports, the transaction is valued at around Rs.212 crore. Astec was advised by a team from J Sagar Associates comprising Partner Vikram Raghani; Senior Associates Anand Lakra and Birbahadur Sachar; and Consultant Avinash Jethwani. Godrej Agrovet was represented by a team from Trilegal headed by Partner Kunal Chandra. The promoters’ stake has been acquired at Rs.190 per share and it has cost Godrej Agrovet Rs.167 crore. Pursuant to the transaction, Godrej Agrovet Limited has made an open offer…
  • SC issues notice to Centre, BCI and RGNUL in Basheer’s #CLAT PIL

    Murali Krishnan
    4 Sep 2015 | 2:40 am
    The Supreme Court today issued notice to the Central Government, Rajiv Gandhi National University of Law, Patiala, and Chairman of the Bar Council of India, Manan Kumar Mishra in a PIL filed by Prof. Shamnad Basheer. Basheer has sought the constitution of a permanent body for conducting the Common Law Admission Test (CLAT). The matter was heard by a Division Bench comprising Justices TS Thakur and Gopala Gowda in court room 2 of the Supreme Court. Senior Advocate KK Venugopal appeared for Basheer, along with advocates Gopal Sankaranarayanan, Liz Mathew, MF Philip and Suhasini Sen. When the…
  • Advanced communities are screeching for reservation – Fali Nariman at AK Ganguly’s book launch

    Murali Krishnan
    3 Sep 2015 | 9:13 pm
    Retired Supreme Court judge Justice AK Ganguly has released a book authored by him. The book titled “Landmark judgments that changed India” was released yesterday at a function held at India International Centre, New Delhi. The book release was attended by a number of senior counsels as well as Supreme Court judges including the likes of  KK Venugopal, Fali Nariman, TS Thakur, JS Khehar, and Rohinton Nariman JJ. Speaking on the occasion, Senior Advocate Fali Nariman said that “Sixty odd years of Constitutional jurisprudence is encapsulated in 9 chapters in the book”. Nariman spoke…
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    South Florida Lawyers

  • Jose "Pepe" Herrera and Ramon Rodriguez Join Bernardo Roman III as Charged by the Florida Bar With Ethics Violations

    Guest Blogger
    4 Sep 2015 | 3:33 pm
    The Intrepid One never sleeps and breaks the Miccosukee related story here.Disciplinary cases against Ramon Rodriguez and Jose "Pepe" Herrera are moving forward following the probable cause finding by a local grievance committee, Florida Bar spokeswoman Francine Walker said Friday.  The Florida Bar began investigating complaints against Rodriguez and Herrera for alleged misrepresentations to the court.  Herrera, who is represented by Herman Russomanno and Herman Russomanno III of Russomanno Borrello in Miami, was found to potentially have violated six Bar rules,…
  • ¡Hable Inglés Por Favor!

    Godwhacker
    4 Sep 2015 | 5:32 am
    ¡Dios mío!El multimillonario y líder en los sondeos de las primarias republicanas Donald Trump criticó el miércoles a su rival Jeb Bush porque habla en público en español, la lengua materna de su esposa.“Me gusta Jeb”, dijo Donald Trump en una entrevista con el sitio de información conservador Breitbart. “Es un tipo simpático. Pero debería realmente dar ejemplo hablando inglés cuando está en Estados Unidos”, dijo.La advertencia llega tras varios días de tensión verbal a distancia entre los dos candidatos. Trump sorprendió a Estados Unidos relegando al heredero Bush…
  • Go Directly to Jail!

    Godwhacker
    3 Sep 2015 | 10:38 am
    Good!Rowan County Clerk Kim Davis was taken to jail Thursday by U.S. Marshals after a federal judge found her in contempt of court for ignoring his order to issue marriage licenses.U.S. District Judge David Bunning ordered Davis to remain in jail until she agrees to comply with his Aug. 12 order.Davis has refused to give anyone a marriage license since the U.S. Supreme Court legalized same-sex marriage June 26, citing her religious objections. A half-dozen local couples are suing her. The judge stated that financial fines were not enough because of Kickstarter.
  • Will Someone Please Marry This Man?

    South Florida Lawyers
    3 Sep 2015 | 3:30 am
    Miami lawyer Michael Garofola is looking for love on every reality show he can:Earlier this year, Garofola, a former Davis Polk & Wardwell associate and federal prosecutor, took a break from his job as general counsel for Trans Pacific Polymers and Gulf Energy and Chemical Company to appear on "Bachelor in Paradise," a spinoff series of the reality TV hit "The Bachelorette." In 2013, he took an even longer break from the U.S. attorney’s office in Miami to appear on a season of the original show featuring fashion designer Desiree Hartsock.Garofola was eliminated from "The Bachelorette"…
  • 3d DCA Watch -- It's Hot Out There Edition!

    South Florida Lawyers
    2 Sep 2015 | 8:43 am
    It's wet and wild Wednesday in the bunker, and the judicial juices are flowing!Let's partake of the nectar of the (concrete) gods:Key West Seaside v. Certified Lower Keys:Close your eyes and imagine a world where the offer of judgment statute and related rule operate perfectly, and no one is the least bit confused or unclear as to how to works.Now wake up:Key West Seaside, LLC, (“Seaside”) appeals from an order denying its motion for attorney’s fees and costs pursuant to the offer of judgment statute, section 768.79, Florida Statutes (2010), and Florida Rule of Civil Procedure 1.442.
 
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    eLessons Learned

  • Clawing Back Digital Data is Risky Business

    dsodroski
    4 Sep 2015 | 6:00 am
    Why is clawing back digital data any more dangerous than clawing back physical documents?  Imagine making physical copies of one thousand documents.  That would take a long time, right?  Now, imagine making digital copies of the same one thousand documents. This takes a fraction of the time.  Giving up too much information in a digital […]
  • Spoliation By Plaintiff? Deleting Text Messages Can Result In Court Sanctions

    dsodroski
    2 Sep 2015 | 6:00 am
    This case provides an important lesson for any person involved in a lawsuit involving text messages as evidence. Here, a group of employees was suing their employer for discrimination under Title VII. When the discovery process began, the defendants requested a number of text messages relating to the conduct of the employees during the relevant […]
  • Changing Horses Midstream? Court Says “Yes” to plaintiff Switching From Manual Document Review to Predictive Coding

    dsodroski
    31 Aug 2015 | 6:00 am
    The court entered its usual case management order setting forth a timeline of how this case was going to proceed. One of the first phases of litigation is the discovery phase. This means that both sides get to ask each other for documents and information regarding the issue in the case. The rules are fairly […]
  • When Should A Company Take What Is Offered At the Meet and Confer and Not Take Any Risks?

    dsodroski
    28 Aug 2015 | 6:00 am
    A party demands the sun, moon and stars in a document request or interrogatory, refusing to give even a little bit. The meet and confer required by a court in advance of a motion is perfunctory at best, with no compromise whatsoever. But when the parties appear before the court, the recalcitrant party possesses newfound […]
  • Prophylactics Do Not Protect Pharmaceutical Companies From Data and Document Discovery Laws!

    dsodroski
    26 Aug 2015 | 6:00 am
    In this case, the Plaintiff Nicole Baker sues Bayer Healthcare Pharmaceutical Inc., complaining that the Bayer product Mirena was not adequately accompanied by warnings of its side effects. She asks Bayer to produce databases that contains sales calls made by the marketing and sales department to physician’s offices. The sales calls notes also contain conversations […]
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    Compliance Building

  • Proposed Anti-Money Laundering Regulations for Investment Advisers and Fund Managers

    Doug Cornelius
    26 Aug 2015 | 5:49 am
    After years of talking about it, the Financial Crimes Enforcement Network (FinCEN) issued a proposed a rule requiring certain investment advisers to establish anti-money laundering programs and report suspicious activity to FinCEN. The new regulations propose to include investment advisers in the general definition of “financial institution,” which would require them to file Currency Transaction Reports and keep records relating to the transmittal of funds. For private funds, engaging in Know-Your-Customer and Anti-Money Laundering has become a standard practice. Now, 12 years after…
  • Management Fee “Waiver” Tax Treatment

    Doug Cornelius
    24 Aug 2015 | 6:07 am
    The Treasury and the Internal Revenue Service issued proposed regulations relating to disguised payments for services rendered by a partner to a partnership. Private fund managers have used management fee “waiver” mechanisms by reducing the management fee payable to the fund’s manager and the receipt of a corresponding profits interest by the general partner. The proposed regulations take a new look at whether that waiver mechanism would be invalid as a disguised payment for services. The proposed regulations focus primarily on whether the payment to the service provider lacks…
  • Compliance Bricks and Mortar for August 21

    Doug Cornelius
    21 Aug 2015 | 5:22 am
    These are some of the compliance-related stories that recently caught my attention. The 5 Most Common AML Compliance Program Deficiencies by Michael Volkov in Corruption, Crime & Compliance In my view, AML programs do not get sufficient support and exposure from top-level management. A compliance failure usually can be traced back to the lack of tone and commitment to ethics. This basic deficiency results in blatant, systemic problems that plague AML programs: poor or outdated technology; weak controls that can be overridden by business needs; and commitment to revenue at all costs.
  • Hiring Relatives Could Be An Illegal Bribe

    Doug Cornelius
    19 Aug 2015 | 6:59 am
    In the case of BNY Mellon, it was an illegal bribe in violation of the Foreign Corrupt Practices Act. The Securities and Exchange Commission charged BNY Mellon that it violated the Foreign Corrupt Practices Act by providing internships to family members of foreign government officials affiliated with a Middle Eastern sovereign wealth fund. The unnamed Middle Eastern sovereign wealth fund was a client of BNY Mellon for custody and asset management. Unnamed officials at the sovereign wealth fund asked BNY Mellon to provide their family members with internships. One of those officials was a…
  • Weekend Reading: Rain

    Doug Cornelius
    15 Aug 2015 | 6:00 am
    Rain rain go away, Come again another day. A simple nursery rhyme for a rainy day. It also happens to be a central theme to Rain: A Natural and Cultural History by Cynthia Barnett. We need rain to survive. Too much, too little and either at the wrong time can be devastating. Ms. Barnett starts out at the solar system level and points out that Earth was not the only planet with water. Mars clearly had water. Venus had water, too.  The rest are too far away from the sun or too close to the sun for liquid water. The oceans (or whatever the bodies of water may have been) did not survive on Mars…
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    Simmons Hanly Conroy

  • Fighting Mesothelioma Nationwide

    Simmons Hanly Conroy
    4 Sep 2015 | 5:00 am
    The Miles for Meso 5K Run/Walk is not just located in Alton, Ill. Past races have been held in six other states. Attending one of these races is a great way to show support for those affected by mesothelioma. This month three Miles for Meso races will take place in Illinois, Ohio and Texas in honor of National Mesothelioma Awareness Day, on Sept. 26. The Bruce. A. Waite Miles for Meso 5K in Ontario, Ohio will take place on Sunday, Sept. 20. Bruce A. Waite Bruce A. Waite was a father, a husband, an educator and a runner. He ran every day for 33 years, never missing a chance to do what he…
  • Miles for Meso Team Georgie Porgie's Meso Patrol Continues the Fight

    Simmons Hanly Conroy
    28 Aug 2015 | 3:04 am
    George Dreith III stood victorious on last year’s stage at the Alton Miles for Meso race. He and his team, the Georgie Porgie Meso Patrol, had won the “Top Fundraising Team” Award. It was the first year race participants were able to form a team and fundraise leading up to the race. Georgie Porgie’s Meso Patrol and 17 other teams, plus several individual fundraisers, helped raise an additional $5,000 for the Asbestos Disease Awareness Organization, for a grand total of nearly $30,000 raised. George Dreith III and Sue Tanney, a Simmons Hanly Conroy employee and personal friend of the…
  • Early Registration for Alton Miles for Meso Ends Aug. 31

    Simmons Hanly Conroy
    24 Aug 2015 | 8:51 am
    Early registration for the Alton Miles for Meso 5K Race & 2K Fun Run/Walk will end in a week. Anyone who wants to take advantage of the early bird rate of $25 should register by next Monday, Aug. 31. After that date, the price increases to $30 through Sept. 22. After Sept. 22, registration will be $35. The race will take place at the law office of Simmons Hanly Conroy at One Court Street on Saturday, Sept. 26. Registration the day of the race will be available onsite starting at 7:30 a.m. The race will start at 9 a.m. All proceeds will benefit the Asbestos Disease Awareness…
  • Commemorating the Brave

    Simmons Hanly Conroy
    21 Aug 2015 | 5:00 am
    Registering for the Alton Miles for Meso 5K is a great way to show support for loved ones who have been diagnosed with mesothelioma. But not everyone can travel to be at the Alton race on Sept. 26. This year the ADAO Mesothelioma Warrior Virtual Team will once again accept submissions of the names of mesothelioma survivors or victims. The purpose of this team is to honor or remember those who have fought hard against the disease. Names will be featured on commemorative race bibs and will be worn by runners in attendance at the upcoming Alton Miles for Meso race on Sept. 26 in Alton, IL. This…
  • Upcoming Mesothelioma Events You Don't Want to Miss

    John A. Barnerd
    18 Aug 2015 | 9:48 am
    Mesothelioma Awareness Day, which takes place on September 26, was started in 2004 to bring attention to mesothelioma, the rare cancer linked with asbestos exposure. Accordingly, organizations that are dedicated to researching, treating, and curing mesothelioma are organizing a host of events to honor this important day. In addition, there are some more in-depth conferences and varied events that will take place throughout the next year with the goal to increase mesothelioma awareness and fund mesothelioma treatment research. Please read below for more details about upcoming mesothelioma…
 
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    Texas Wills and Trusts Law Online

  • Do I Have To Accept An Inheritance?

    Rania Combs
    2 Sep 2015 | 8:00 am
    I have written about a deadbeat dad who claimed part of his deceased son’s estate, even though he had not been part of his son’s life for more than thirty years. The potential of inheriting money often brings distant and estranged relatives out of the woodwork, clamoring for as much of an estate’s assets as possible. But not always. I once got a note from someone whose estranged father had died intestate. The deceased father was single, which meant that his children would inherit the entire estate. But they wanted nothing to do with their dad or anything he owned. “Do we have to take…
  • Frequently Asked Questions About Estate Planning

    Rania Combs
    26 Aug 2015 | 8:00 am
    What happens if I die without a will in Texas? If you die intestate (without a valid will), the Texas statutes will determine how your property will be divided. In other your property will be distributed in a manner set by the Texas statutes, which may conflict with the way you would chosen to have your assets distributed. Read more… Isn’t a will all I really need? Although a will is an important part of an estate plan, it only takes effect after you die. Other documents are needed to carry out your wishes and manage your assets in the event you are temporarily or permanently…
  • The Texas Transfer on Death Deed

    Rania Combs
    7 Aug 2015 | 7:00 am
    Effective September 1, 2015, Texas will join the growing number of states that allow owners of real estate to transfer property to their heirs outside the probate process using a Transfer on Death Deed. The deed works like a beneficiary designation on a bank account or an insurance policy. It allows you to name a primary and contingent beneficiary who will inherit your real property after you die. This is good news for many Texans with modest estates whose only probate asset is their home. Below are a few things you need to know about the Texas Transfer on Death Deed. The Requirements of an…
  • Estate Planning in Blended Families

    Rania Combs
    29 Jul 2015 | 8:00 am
    According to a Pew Research Study, more than 4 in 10 Americans are part of a blended family.  And while 7 in 10 are satisfied with their step-family relationships, the study revealed that people typically feel a stronger sense of obligation to their biological families. That’s what makes estate planning for blended families complicated. If you have children from a prior relationship, making an outright distribution of your estate to your spouse may result in your children being disinherited. Why? Because when you make an outright distribution to your spouse, your spouse has the power to…
  • Estate Planning for Same-Sex Couples

    Rania Combs
    13 Jul 2015 | 8:00 am
    For many years, the Defense of Marriage Act (“DOMA”) prevented the federal government from recognizing marriages of same-sex couples. As a result, same-sex couples could not take advantage of federal laws, which barred them from receiving federal marriage benefits. United States vs. Windsor That changed on June 26, 2013. In United States v. Windsor, the Supreme Court of the United Stated ruled that Section 3 of the Defense of Marriage Act (“DOMA”), which provided that the word “spouse” referred only to a person of the opposite sex who is a husband or wife, was unconstitutional. As…
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    Legally India - News for Lawyers

  • CCI declines interim action vs Ola (Cyril AM) predatory pricing (despite stinging dissent) [READ ORDER]

    4 Sep 2015 | 6:29 am
    App-based taxi operator Ola’s parent company ANI Technologies has won a favourable majority decision from the Competition Commission of India (CCI), which declined to pass any interim order around the allegation that the company was involved in illegal predatory pricing.
  • 3 Amity alumni start-up Optimus Legal, thriving on start-up optimism

    4 Sep 2015 | 6:10 am
    Amity Delhi 2011 alumni Abhinav Hansaria, Archit Virmani and Tushar John started up corporate law firm Optimus Legal in Delhi, in May.
  • JSA, Trilegal on Astec LifeSciences stake sale to Godrej Agrovet

    4 Sep 2015 | 4:56 am
    J Sagar Associates (JSA) advised the promoters of Astec LifeSciences on selling 45 per cent of their stake in it to Godrej Agrovet which was advised by Trilegal.JSA Mumbai partner Vikram Raghani, senior associates Anand Lakra and Birbahadur Sachar and consultant Avinash Jethwani acted for Astec.Trilegal Mumbai partner Kunal Chandra acted for Godrej.Godrej Agrovet has made an open offer to Astec’s public shareholders, under the Takeover Regulations, pursuant to this deal, according to JSA’s press release.Godrej Agrovet, which is backed by Temasek, will buy 45.29 per cent stake in…
  • Justices Thakur and Gowda put monster Basheer-Venugopal CLAT writ on express schedule, RGNUL to reply

    4 Sep 2015 | 2:17 am
    The Common Law Admission Test (CLAT) 2016 convenor RGNUL Patiala has been called upon by the Supreme Court to provide answers in Prof Shamnad Basheer’s petition challenging the conduct of the CLAT. Former NUJS Kolkata professor and founder of NGO Increasing Diversity by Increasing Access (IDIA) Basheer had filed a public interest litigation (PIL) challenging the CLAT for its poor and opaque conduct, and had prayed for a permanent CLAT conducting body to replace the present system of the national law universities (NLUs) convening the exam each year by rotation. The Supreme Court’s bench of…
  • SC: Law officer appointment should be transparent, not 'political appeasement'

    3 Sep 2015 | 6:10 am
    The Supreme Court on Wednesday said the appointment of law officers to represent governments in courts cannot be an act of “political appeasement” and must be transparent.Law officers are important positions and there has to be a semblance of selection process, said an apex court bench of Justice TS Thakur and Justice Kurian Joseph.Pointing out that “normally people picked (as law officers) are known”, the court said there were instances when people engaged in other vocations, including politics, were appointed government counsel.Taking exception to such appointments…
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    Associate's Mind

  • Interrupting Well Laid Plans

    Keith Lee
    3 Sep 2015 | 10:24 am
    My son running his first race last year. This weekend, my family and I went to the gym. We belong to a club call Life Time Fitness. Huge place, great equipment, layout, services, etc. My son loves it, we take him all the time. Instilling fitness into children from an early age is important. It helps them embrace a healthy habits for life. Anyway, we were heading into the gym and I was beginning to mentally set my intentions: I am at the gym to improve myself. I am here to get stronger. I will not be distracted. I will focus on myself. But as we are walking into the club, my son starts to…
  • The Limits Of Hubris And The Benefits Of Authentic Pride

    Keith Lee
    26 Aug 2015 | 12:13 pm
    This morning I was at the gym, going through my routine. At one point I look up and see a mildly overweight woman with a personal trainer. The trainer has walked the woman over to a leg extension machine. Before she gets on, he got a disinfecting wipe and cleaned off the machine for her. Then he set the weights for her and began explaining something to her (I don’t know what was said, I had my headphones on). Generally speaking, when I’m at the gym, I try not to pay attention to anyone else. I don’t look at the tvs, I don’t interact with other people. I don’t…
  • Why You Should Run Towards Danger

    Keith Lee
    19 Aug 2015 | 9:14 am
    I was around 21 years old, training in martial arts at a rapid clip. Dedicated and progressing quickly. I was two ranks below black belt. The test for the next rank was coming up. My instructor encouraged, almost demanded, that I take the test two months earlier than I was scheduled. I didn’t feel ready. I tried to demur, but he wouldn’t hear it. I crammed in as much training as I could. The day of the test came. I was unsure of myself, didn’t feel confident, but I gave it my all.  I failed.  I first heard the phrase “there is no growth without risk” over a…
  • Garbage In, Garbage Out

    Keith Lee
    6 Aug 2015 | 1:13 pm
    “Garbage in, garbage out (“GIGO”) in the field of computer science or information and communications technology refers to the fact that computers, since they operate by logical processes, will unquestioningly process unintended, even nonsensical, input data (“garbage in”) and produce undesired, often nonsensical, output (“garbage out”).” – Wikipedia CC Licensed From Peter Kaminski This past weekend my wife and I went to dinner with some friends to a nice restaurant and had a very large meal. Amuse-bouche, appetizers, soup, salad, entree,…
  • How to Juggle a Family and Law School

    Keith Lee
    21 Jul 2015 | 11:06 am
    We’re probably a month out from most law schools opening their doors again for the Fall. There is also going to be a new (though smaller) crop of 1Ls heading in those doors. It’s been a few years since I first touched on the topic of being in law school with a family, so I thought I would update the post and discuss it again. A reader asked: I see that you had a baby during law school. Other than the tips from the post about outside time commitments, any advice for an upcoming 1L with two tots and a wife? I was going to reply privately, but decided to post my response here so…
 
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    Lawyerist

  • This Is What Happens When Lawyers Try To Be Funny

    Brendan Kenny
    4 Sep 2015 | 7:00 am
    Attempts at humor usually fall flat.—Guide for Counsel in Cases to Be Argued Before the Supreme Court of the United States, Part II, pg. 10 (October Term 2014).So says the highest court in the land, but it hasn’t stopped lawyers from trying to be funny. This is what happens when they fail.Knock-Knock OpeningIs starting your defense opening statement in a murder case with a knock-knock joke a good idea? George Zimmerman’s attorney thought so.Knock-knock.Who’s there?Zimmerman.Zimmerman who?OK, you’re good for the jury.Beauties And The BeastNo he didn’t…Mr. Chief…
  • Your Personal Relationships with Clients Probably Aren’t As Strong As You Think

    Sam Glover
    4 Sep 2015 | 3:43 am
    Solo and small-firm lawyers often cite their strong personal relationships with clients as one of the main reasons why computers aren’t going to make them irrelevant any time soon. While lawyers probably aren’t going to become irrelevant any time soon, it probably is not because their personal relationships with clients are so strong.I think many of those lawyers are overestimating those relationships. Most lawyers’ relationships with clients are pretty superficial and businesslike. Lawyers rarely get more personal than posting “Happy birthday!” on the…
  • Vehicles Lawyers Should Not Drive

    Andrew Cabasso
    3 Sep 2015 | 4:12 am
    Your car says a lot about you to your clients. When clients pull into your parking lot and see your ride, or see you show up to their arraignment, they are making judgments about your abilities as a lawyer by the type of vehicle you drive.Is this shallow?Yes. 100%.But it’s reality. Sorry.Clients can look at your car and decide, “This lawyer is good at what she does.”What vehicles scare away clients? Click the next button and find out if yours made the list.Featured image: “Yellow sport car” from Shutterstock.Vehicles Lawyers Should Not Drive was originally published on…
  • Briefs: 800-Pound Gorilla Launches Practice Management Software, Etc.

    Sam Glover
    2 Sep 2015 | 3:14 pm
    Microsoft is about to launch a practice-management solution. Or something. Actually, it’s not clear what it is launching, who it will be for, or what you will do with it. (Aaron and I talk more about this on next week’s podcast, actually.) [LawSites]Dictate much? Dropvox is a handy app for iOS users that automatically uploads your dictated sound files to Dropbox. [h/t Lisa Needham]If self-driving cars never break traffic laws, cops will never have a reason to pull you over, right? Right? [Metcalf Harden]Holy cow there are a lot of incubators. Are incubators becoming the new…
  • Florida Bar Hires PR Firm to Sell Reciprocity

    Sam Harden
    2 Sep 2015 | 12:32 pm
    The Florida Bar is in the middle of a growing fight over the future of law practice in the state. The Bar is pushing its “Vision 2016” agenda, which includes taking long hard looks at things like computers, non-lawyer licensing, and reciprocity with other states. Florida’s lawyers are pushing back, so much so that the Bar has had to ask them to stop freaking out. In an effort to smooth the waters, the Florida Bar has hired a public relations firm to sell its message of “prepar[ing] today’s lawyer for tomorrow’s practice” to its own members, to the tune of…
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    The Probate Lawyer Blog: Famous Fortune Fights!

  • Celebrity Legacies: James Dean Estate Has A Cause

    Danielle & Andy
    10 Aug 2015 | 6:35 am
    James Dean was the iconic rebel without a cause.  The James Dean Estate, on the other hand, has been driven by a cause -- maximizing the value of his image and likeness.  But was it taken too far when his heirs sued Twitter?  This is installment #16 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. Perhaps no Hollywood legend has lasted so long, and left such an impact, as James Dean.  After dying in a tragic car crash at age 24, in…
  • Celebrity Legacies: No Easy Ride For Dennis Hopper's Estate

    Danielle & Andy
    4 Aug 2015 | 8:29 am
    When is a divorce more than just a divorce?  When famed actor Dennis Hopper battled through an ugly divorce against his fifth wife, Victoria Duffy-Hopper, the battle was more about Dennis Hopper's estate than anything else.  So perhaps no one should be surprised that the war turned uglier once Dennis died.  This is installment #15 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. The Easy Rider star had anything but an easy ride during…
  • Answering Questions About Whitney Houston's Millions And Bobbi Kristina's Death

    Danielle & Andy
    31 Jul 2015 | 12:03 pm
    After a six-month coma, the life of Whitney Houston's daughter Bobbi Kristina Brown, has tragically ended.  Just how tragic her short life really was may not be known for some time.  But the details that have emerged are nothing short of heart-wrenching, if the allegations of a recently-filed lawsuit filed on behalf of Bobbi Kristina prove to be true.  According to that lawsuit, Whitney Houston's millions were at the heart of this tragedy.  But what role did they really play in Bobbi Kristina's death? It was on January 31, 2015 that Bobbi Kristina was found unresponsive, unconscious, and…
  • How The Supreme Court Gay Marriage Ruling Impacts Estate Planning

    Danielle & Andy
    13 Jul 2015 | 8:56 am
    As gay, lesbian, and other proponents of same-sex marriages celebrate the United States Supreme Court's landmark ruling in Obergefell v. Hodges, millions of Americans will now be eligible for dramatically different legal rights upon the death or disability of a life partner than were previously possible.  In fact, in the field of estate planning -- including planning for not only what happens when someone dies but also when someone becomes incapacitated -- the landscape in the LGBT community has just changed.  Gay and lesbian couples now have a level playing field, equal to opposite-sex…
  • Lessons Learned From The Tom Benson Competency Battle

    Danielle & Andy
    6 Jul 2015 | 8:46 am
    As owner of the New Orleans Saints and Pelicans, Tom Benson, is used to being in control. He worked his way up from humble beginnings, starting as a used-car salesman, to owner of multiple car dealerships, banks, real estate, and a television station. Of course, Benson is most well-known for owning the NFL’s Saints franchise, which he purchased in 1985. Since then, he has successfully managed the Saints through the lows of Hurricane Katrina to the highs of winning the Superbowl. In 2012, Tom Benson added the NBA’s Hornets (now named the Pelicans) to his stable of businesses. Forbes…
 
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    Law and Daily Life

  • Homeland Security Steps Up Rail Presence Over Labor Day

    Christopher Coble, Esq.
    4 Sep 2015 | 8:58 am
    While most of us will be around the grill for a barbeque or on the couch watching football, the Department of Homeland Security will on high alert this Labor Day weekend. The agency tasked with everything from immigration and border protection, to monitoring cell phone service, will be keeping a watchful eye on the nation's railroads over the next few days. In addition to asking for increased public vigilance on a busy travel weekend, DHS and the Transportation Security Administration will be stepping up their presence on commuter trains. Holiday Operation "Operation Rail Safe," as Homeland…
  • Reasons to Fire Your Lawyer (and Get a New One)

    Christopher Coble, Esq.
    3 Sep 2015 | 9:55 am
    Like any other relationship, not every attorney-client pairing is perfect. Even if you were as careful as possible trying to choose the right lawyer, mistakes can be made and things can change. From personality clashes to professional malpractice, here are a few reasons to ditch your attorney and find a new one: Malfeasance or Misconduct Obviously if you learn about any intentional professional misconduct by your attorney, you should fire and replace her or him. Intentional malfeasance, like misappropriation of client funds or fraud, is exceedingly rare, but should be dealt with immediately.
  • Why Hire a Disability Lawyer?

    Christopher Coble, Esq.
    2 Sep 2015 | 9:15 am
    Disability insurance may sound easy enough — you’re too sick or injured to work, you file some paperwork, and you get your benefits. But, as anyone who’s been through the disability claims process can tell you, it’s not always that simple. Or maybe you’re stuck in the middle of the process right now — drowning in disability paperwork, trying to decipher your policy, or you’ve had your benefits claim denied and don’t know where to turn. This is when you’ll need an experienced attorney on your side. Here’s how a disability lawyer can…
  • Can a County Clerk Defy a Court Order?

    Christopher Coble, Esq.
    1 Sep 2015 | 10:57 am
    The U.S. Supreme Court granted all same-sex couples the right to marry this June, but not all county clerks were happy with the decision. In particular, Kim Davis, the County Clerk of Rowan County, Kentucky, refused to issue any marriage licenses in the wake of the ruling, citing her religious beliefs. Late yesterday, the Supreme Court declined to hear Davis's appeal, allowing a lower court decision directing her to issue marriage licenses to same-sex couples to stand. Undeterred, Davis continued her refusal to issue licenses this morning, and now she and her clerks have been summoned to a…
  • Birthright Citizenship -- Can States Decide?

    Christopher Coble, Esq.
    31 Aug 2015 | 9:54 am
    Ever since the Fourteenth Amendment was passed in 1868, the U.S. Constitution has guaranteed the citizenship of any person born in the United States. But in the past few weeks, Republican presidential candidates have been calling for an end to birthright citizenship. How could a new president change the Constitution on citizenship? Or can states simply decide citizenship matters for themselves? The Feds Prior to the Fourteenth Amendment's passage, and even for some time after, the Bill of Rights applied only to the federal government. But since then, a series of Supreme Court rulings, known…
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    But I do have a law degree...

  • What the Kids Can Watch on Netflix (When Everyone Else's Kids are Back in School)

    But I Do Have a Law Degree
    31 Aug 2015 | 5:40 pm
    My Facebook feed has been flooded with first day of school pictures.  Tis that time of year! Everyone is heading back to school, dressed in their first day best, holding a chalkboard marking the occasion and smiling for the camera...Unless your kids go to my kids' school which does not start until September 8th!!!  That's 8 more days (not that I'm counting).  Eight long days with nothing planned and daily temperatures in the 90s. So we're doing a bit of parks.  A bit of pool.  And a bit of Netflixing....Specifically, this month the kids are into Dinotrux.The…
  • A Summer of Indulgence Ends with a Run... for Wine

    But I Do Have a Law Degree
    24 Aug 2015 | 11:20 am
    Summers are for relaxation.  For swimming.  For breaking the rules and abandoning a schedule and flying by the seat of one's pants.  Summers are for ice cream and sunshine and family and vacation; for dance parties and friends and overindulging. I love summer. This summer has been fantastic.  We've been in swimsuits nearly every day.  We've traveled up and down the east coast.  We've had our moments, believe me, but overall the good times have far outweighed any tantrum filled evening or dime swallowing incident.  It's been a fun-filled, laid back summer -…
  • Waiting for the Dime to Pass (Literally)

    But I Do Have a Law Degree
    14 Aug 2015 | 11:23 am
    As a mom of three boys six and under, I am well aware that in some ways, I asked for it.  I asked for the stress and the chaos and the mess and the overwhelming noise and discord and pandemonium that is my life. So I hate to complain, but I think that even the most stringent of observers would agree that the past seven days of my life have been a bit much.It all started last Thursday, with this: Well isn't that a weird thing on Colin's finger, I said to myself last Thursday while sitting at Starbucks with my one year old.  A first time mom may have panicked and run straight to the…
  • The Big Questions Begin

    But I Do Have a Law Degree
    7 Aug 2015 | 11:05 am
    Children come into this world ignorant.  And what a beautiful thing!  Ignorant of war and prejudice and pain and death and all of the yucky parts of being alive.  If they are lucky, they are in a world of family and fairies and forever. Slowly but surely, reality creeps in.  Shots at the doctor.  Mean kids on the playground.  Being left with a babysitter.  Wondering how the baby in mommy's tummy actually gets out, or what would happen if an airplane's engine stopped working mid-flight.  Pain, shame, abandonment, curiosity, fear.  It comes…
  • My Kids, the Dragon Slayers (courtesy of Netflix)

    But I Do Have a Law Degree
    31 Jul 2015 | 11:36 am
    We rely heavily on Netflix during the summer months, with all of the travel and staying at locations without Disney Jr.  (how dare they!).  We've (I've) ODed on Caillou, Octonauts, and Curious George, so we've (I've) been looking for some other shows for the boys.  So when we received some swag from Netflix for their new show, Dragons: Race to the Edge, the boys were super excited.  And so was I.  (Have I mentioned how much I hate Caillou?).The show features Hiccup and Toothless from the How to Train Your Dragon movies.  My kids haven't seen the movies, but…
 
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    Virginia Workplace Law

  • The Joint Employer Doctrine Strikes Again

    Michael Marr
    2 Sep 2015 | 11:59 am
    In a post last month (Serving Two Masters- Fourth Circuit Recognizes the Joint Employment Doctrine), we discussed the July 15th Fourth Circuit opinion of Butler v. Drive Auto. Indus. of Am, which made the joint employment doctrine the law of the Fourth Circuit. The Fourth Circuit adopted a “hybrid” test that embraced both the common law of agency and the economic realities of employment. In setting out a nine-factor test, the Court emphasized that the element of “control” remained the principal guidepost for determining whether multiple entities could be considered a…
  • Discrimination by Association: It’s Illegal.

    Michael Marr
    31 Aug 2015 | 8:28 am
    You may have heard of guilt by association before, but what about discrimination by association? Everyone knows that an employer cannot discriminate on the basis of an employee’s disability, but what if the employee has a disabled child? Does the child’s disability affect your hiring and retention decisions of the parent? Yes. The Americans with Disabilities Act (ADA) prohibits an employer from “denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the [employee] is known to have a relationship or…
  • Independent Contractor or Employee: Do You Pass the “Economic Realities” Test?

    Michael Marr
    3 Aug 2015 | 8:18 am
    In the first Administrator’s Interpretation issued in more than a year, the Department of Labor has recently weighed in on the debate over the misclassification of employees—a  debate that has been stirred up of late by companies such as Uber, Lyft, and the now closed Homejoy. “Although independent contracting relationships can be advantageous for workers and businesses, some employees may be intentionally misclassified as a means to cut costs and avoid compliance with labor laws,” wrote David Weil, administrator of DOL’s Wage and Hour Division. Workers classified as employees…
  • Serving Two Masters- Fourth Circuit Recognizes the Joint Employment Doctrine

    Michael Marr
    24 Jul 2015 | 10:26 am
    Much to the delight of employees and their counsel, the Fourth Circuit Court of Appeals has expanded the number of potentially liable defendants in Title VII employment discrimination actions. In the July 15, 2015 published decision of Butler v. Drive Auto. Indus. of Am, the Court has joined several other circuits in holding that the joint employment doctrine is now the law of the Fourth Circuit. This means that multiple entities may simultaneously be considered “employers” for the purposes of Title VII employment discrimination. The guiding principle of the Circuit’s…
  • Equality Act of 2015 Seeks New Workplace Protections for Sexual Orientation and Gender Identity

    Chris Mackenzie
    24 Jul 2015 | 8:24 am
    Yesterday, companion bills were introduced into the House and Senate seeking the passage of the Equality Act of 2015, which would prohibit discrimination on the basis of sex, gender identity, and sexual orientation. The Equality Act would impact eight key areas of federal anti-discrimination law which presently do not protect the LGBT community: public accommodations, public education, federal funding, employment, housing, Title IX and XI, equal credit opportunity, and jury service. With respect to employment, the Equality Act would amend Title VII of the Civil Rights Act of 1964 to create…
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    The Risk Manager from Sands Anderson

  • Virginia Supreme Court Decides Punitive Damages Case

    Terrence L. Graves
    26 Aug 2015 | 6:54 am
    In the recent case of Cain v. Lee, the Virginia Supreme Court determined that the Circuit Court for the County of Stafford erred when it granted a jury instruction that provided that “punitive damages are generally not favored and should be awarded only in cases involving egregious conduct.”  The instruction that was offered by the defendant and subsequently modified by the Court after argument by the parties was based upon a violation of Virginia Code §8.01–44.5.  The Court found that the instruction included “unnecessary commentary” on punitive damages and that…
  • Changes to Federal Rules of Civil Procedure Effective December 1, 2015

    Chris Jones
    24 Jul 2015 | 11:37 am
    Numerous amendments to the Federal Rules of Civil Procedure will come into effect on December 1, 2015. The amendments are to Rules 1, 4, 16, 26, 30, 31, 33, 34, 37, 55 and 84. These amendments will have a variety of effects on the preparation of cases and the handling of potential claims. The following is a summary of the more significant changes. Rule 4: The new rule reduces the time for service of process after the filing of a complaint from 120 days to 90 days. It also appends a new waiver of service form to the rule. Rule 16: The changes to Rule 16 relate to scheduling…
  • Changes to Virginia UM/UIM Law

    Chris Jones
    24 Jul 2015 | 11:23 am
    Virginia has made changes to its underinsured motorist law that will take effect on July 1, 2015. The changes come with the addition of Va. Code § 8.01-66.1:1, and with amendments to Va. Code § 38.2-2206. The major impact of these changes is that they shift the burden of defending a suit to the underinsured motorist carrier once the liability carrier pays its policy limits to the plaintiff/claimant, and they end most subrogation rights formerly enjoyed by a UIM carrier against the tortfeasor. The newly written § 8.01-66.1:1 concerns the subrogation rights of an underinsured motorist…
  • Driverless Cars Have Come to Virginia: Considerations for Automated Vehicles

    Chris Jones
    7 Jul 2015 | 11:50 am
    How does the law apportion responsibility when someone is injured by an automated machine?  In the past, this question has come before courts only rarely, and in the context of accidents involving elevators or airplane autopilots.  In the near future, however, as automated road vehicles enter the marketplace, this issue will become increasingly prevalent in Virginia and throughout the country. An automated vehicle is able to perform some or all of the functions of a driver.  The Commonwealth has already taken numerous steps to promote their introduction on its roads.  Virginia Tech…
  • Early Termination of Annuities Not Permitted

    Chip Delano
    15 May 2015 | 11:59 am
    Since investing can be a risky business with investments dropping in value from time to time, investors seeking steady income with minimal risk are sometimes attracted to an annuity’s guaranteed-income feature.  A recent case from the Western District of Virginia, however, illustrates why an investor should first research whether an annuity is the right choice for his investment portfolio before choosing to go the annuity route. In Hart v. United of Omaha Life Insurance Co., 2014 U. S. Dist. LEXIS 163033 (W.D. Va. 2014), the District Court refused to permit a conservator of an elderly…
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    Virginia Local Government Law

  • Police Shooting of Unarmed Suspect Who Threatened with Fake Gun Deemed Reasonable

    Michelle L. Warden
    31 Aug 2015 | 10:29 am
    Written by Michelle L. Warden and Cullen D. Seltzer Police Officers are often faced with unimaginable circumstances that most of society runs away from.  However, police officers took the oath to protect and serve, and to run towards that danger.  Sometimes, running towards that danger means that an officer will have to make a split second decision as to whether deadly force is necessary. It is the moment that all police officers train for—but hope that they do not have to face. On July 14, 2010, officers from the City of Richmond police department were faced with this very situation. …
  • Signs Signs, Everywhere a Sign: U.S. Supreme Court Decides Reed v. Town of Gilbert

    Cullen Seltzer
    23 Jun 2015 | 2:01 pm
    The Supreme Court of the United States handed down today an important First Amendment case concerning governments’ ability to regulate commonly displayed informational signs. In Reed v. Town of Gilbert, the US Supreme Court (Justice Thomas wrote for a six Justice majority with three other Justices concurring) struck down a town’s Sign Code that regulated the size and manner of display of signs depending on whether they were “Ideological Signs,” “Political Signs,” or “Temporary Directional Signs.”  The Town didn’t care what the message…
  • Kingsley v. Hendrickson: Excessive Force is in the Eye of the Objective Beholder

    Cullen Seltzer
    23 Jun 2015 | 11:59 am
    The Supreme Court of the United States, in Kingsley v. Hendricksonwaded into the metaphysical discussion of what plaintiffs must prove about corrections officers’ state of mind in a lawsuit alleging the officers used excessive force against an inmate.  In the process, the High Court made it incrementally easier for plaintiffs to prove an excessive force case made pursuant to 42 U.S.C. § 1983. In this casecorrections officers ordered Inmate Kingsley (in custody on a drug charge), to remove a piece of paper from the light fixture in his cell.  Kingsley refused repeated orders so the…
  • Virginia Supreme Court Opinions Affecting Local Government Law: June 4, 2015

    Andrew McRoberts, Editor
    22 Jun 2015 | 11:32 am
    The Virginia Supreme Court issued opinions on June 4, 2015 during its June term.  This term resulted in several opinions affecting Virginia local government law.  These opinions addressed defamation alleged from statements by a planning commissioner, more defamation alleged from statements made by public school officials, and the grievance of an employee of a redevelopment and housing authority.  One additional “bonus” opinion is included because of the City of Hampton’s interest in the Marble Technologies, Inc. v. Mallon case, which addressed access (or lack thereof) to…
  • Virginia Supreme Court Opinions Affecting Local Government Law – April 16, 2015

    Andrew McRoberts, Editor
    16 Apr 2015 | 9:47 am
    The Virginia Supreme Court issued opinions this morning during its April term.  This term resulted in several opinions affecting Virginia local government law.  Opinions addressed evidence in a condemnation case, interpreted the Freedom of Information Act after release of a document by a Sheriff, and included the long-awaited opinion in the appeal from the State Corporation Commission in a major electric power siting case which involved potential preemption of local zoning and questions of historic and scenic impacts.   As always, congratulations to the winners! This firm was pleased to…
 
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    Virginia Business Lawyers

  • New Era in Private Capital Raising – Opening Up General Solicitation and General Advertising

    David Carroll
    25 Aug 2015 | 6:06 am
    The next few years may be the largest watershed event in opening up private equity capital since the 1980s when Regulation D was first published by the Securities and Exchange Commission (“SEC”). By allowing general solicitation and general advertising in private offerings the SEC has now opened a new and potentially revolutionary method for raising private capital. The SEC adopted final rules to implement the requirements of the Jumpstart Our Business Startups Act (the JOBS Act) in 2013. The new rules create a new category of private offering exemption under Regulation D (the…
  • Sands Anderson Report on Creditors Committee formation in Alpha Natural Resources Chapter 11

    Roy M. Terry, Jr.
    17 Aug 2015 | 11:41 am
    An Official Committee of Unsecured Creditors (“the Committee”) was appointed on Wednesday, August 12, 2015 in the Chapter 11 case of  Alpha Natural Resources, Inc. (“ANR“). ANR’s bankruptcy case was filed on August 3, 2015 in the United States Bankruptcy Court for the Eastern District of Virginia, Richmond Division. After interviewing those representatives of unsecured creditors who appeared in Richmond on Wednesday and expressed an interest in serving, the United States Trustee appointed the following creditors to serve on the Committee: CB Mining, Inc.
  • Sands Anderson Report on First Day Hearing in Bankruptcy Filings of Alpha Natural Resources

    Roy M. Terry, Jr.
    5 Aug 2015 | 1:17 pm
    Lawyers from the bankruptcy team of Sands Anderson attended “first day” hearings in the Chapter 11 bankruptcy case of Alpha Natural Resources, Inc. (“Alpha”) and its 149 related companies held on August 4, 2015 in the United States Bankruptcy Court, Eastern District of Virginia, Richmond Division. The bankruptcy case represents the latest significant filing in Richmond by a coal company, with James River Coal Company and Patriot Coal Corporation having filed before. Alpha cited rapidly falling coal prices, and weak demand for coal, as two contributing factors to it…
  • New Era of Capital Raising: Sorting Through the JOBS Act’s New Capital Raising Rules

    David Carroll
    23 Jul 2015 | 11:39 am
    Since the enactment of the Jumpstart Our Business Startups Act (the “JOBS Act”) in 2012, the Securities and Exchange Commission (“SEC“) has slowly been making its way through the titles to the JOBS Act to promulgate the final regulations for implementation of the act. This is a short synopsis of the various new rules and proposed rules from the SEC regulating the new JOBS Act titles that govern three new capital raising strategies for start-ups, and small to mid-sized businesses. The JOBS Act is intended, among other things, to reduce barriers to capital formation,…
  • Redskins Trademarks – Answers to Key Questions Regarding Recent Ruling

    Chris Mackenzie
    14 Jul 2015 | 1:00 pm
    Last week, the U.S. District Court sitting in Alexandria, Virginia granted what would appear to be a sweeping victory to a group of five Native Americans who have renewed attempts to cancel the federal registrations of certain trademarks owned by Pro-Football, Inc. (“PFI”), the corporate parent of the Washington Redskins. In what has been a decades long legal battle, this ruling represents the first instance in which a federal court has concluded that at least some of the trademarks used by the Washington Redskins “may disparage” Native Americans. However, this ruling…
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    Advocate's Studio

  • News You Can Use: A Robot Paralegal?

    Martha Sperry
    19 Aug 2015 | 5:17 am
    The future is now! Dentons, LLP, the multinational firm boasting the largest number of lawyers in the world, apparently needs more of them — of the electro-mechanical sort. Dentons is financially backing a group of students from the University of Toronto who, as a class project, created an artificial intelligence to perform legal research. Code-named Ross, the AI uses IBM’s Jeopardy-nailing Watson to scour massive amounts of case law and legal docs in seconds to produce answers to legal questions. A Siri for lawyers, as the student-startup founders describe it. Dentons is not…
  • Don’t Forget to RSVP: RSVP Law

    Martha Sperry
    22 May 2015 | 8:30 am
    Looking for a lawyer? Looking for a legal information library? You could RSVP. RSVP Law is an online service whose core offering is connecting clients with lawyers. Users of the service provide their contact information and specific needs, which are routed to an actual live person who will assist in finding matches that meet the criteria. Users can submit a request for a lawyer in very modern ways — by texting, Facebooking (is that a verb?), or tweeting — as well as more conventional ways like using the website form, emailing or by telephone. The service appears to be in the…
  • Apple’s New Software – WWDC 2014 Recap

    Martha Sperry
    2 Jun 2014 | 5:40 pm
    Another year, another opportunity for Apple to wow its developers and get the rest of us excited about new features coming soon to an iDevice near you. Apple’s World Wide Development Conference happened today and Apple didn’t leave us hanging. With OSX 10.10 Yosemite and iOS 8, there are plenty of new features, most designed around the idea of seamless movement from device to device to device, with nary a skip in the workflow. For the geeks, Apple has rolled out a new developer language called Swift with features to make the designing process easier. For iOS, there are new…
  • Microsoft Office for iPad – It’s About Freaking Time

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

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

  • STUPIDERER: Two North Carolina teens hit with child porn charges after consensual sexting

    H. Scott Leviant
    4 Sep 2015 | 3:12 pm
    We're well on our way to self extinction by using unnatural selection to make ourselves as dumb as possible. Two teens sending dirty pictures to each other should be a parental matter, not a criminal case with both willing participants getting charged with adult felonies.Source: ArstechnicaPermalink
  • Class Re-Action Podcast Links Fixed

    H. Scott Leviant
    14 Jul 2015 | 1:44 am
    I just discovered over the weekend that links to the Class Re-Action podcasts were broken. I fixed the change in the back-end support that caused the problem, and everything appears to be working correctly again. Sorry for the inconvenience.
  • PRODUCT SUGGESTION: Microsoft Surface Pro 3

    H. Scott Leviant
    26 Jun 2015 | 12:29 pm
    Once again I find myself apologizing for the hiatus in blogging. I've been in depositions all over the place, dealing with massive document productions, and writing to the point of stupor. I've decided to add an additional topic that I've flirted with on this blog in the past. Specifically, I am going to mention (in short posts) some technology products that have made my life easier in different ways or are of notable quality (I'm not going to try to do comprehensive product reviews - plenty of people do that online). Some products will be nothing more than a $10 accessory, and some will be…
  • IWC (or any agency) is limited by its statutory mandate

    H. Scott Leviant
    2 Apr 2015 | 5:14 pm
    Agencies love their power.  They grow like a cancer, absorbing more and more of it from the body politic.  But every now and then a court reminds an agency that its power is limited by the terms of its statutory authority.  For instance, in Gerard v. Orange Coast Memorial Medical Center (Feb. 10, 2015), the Court of Appeal (Fourth Appellate District, Division Three) did just that with regard to a provision of an IWC Wage Order.Health care workers sued their hospital employer in a putative class and private attorney general enforcement action for alleged Labor Code violations…
  • Anti-SLAPP Motion fails to satisfy the first "arising from" prong under the customary two-part analysis

    H. Scott Leviant
    2 Apr 2015 | 5:02 pm
    I regret that the press of work kept me away from this site for quite some time, other than the podcasts that I've continued to work on.  It looks like I'm going to be able to come up for air, so I am going to get back to posting on a more regular basis.In Trilogy at Glen Ivy Maintenance Association, et al. v. Shea Homes, Inc., et al. (pub. ord. Mar. 19, 2015), the Court of Appeal (Fourth Appellate District, Division One) affirmed a trial court finding that an anti-SLAPP Motion lacked merit for failure to satisfy even the first prong of the two-part anti-SLAPP analysis.  As…
 
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    Law Firm Newswire » Legal News

  • Centurion Law Group Welcomes Applications for Coveted Summer Associate Program in 2016

    LFN Editor 102KS31
    4 Sep 2015 | 4:57 pm
    Malabo, Equatorial Guinea, (Law Firm Newswire) September 4, 2015 - Following the success of its Summer Associate Program this year, Centurion Law Group has announced that it is welcoming applications for a second program in the summer of 2016 at the firm’s offices in Malabo, Equatorial Guinea. The deadline for applicants to be considered for the 12-week paid internship is October 31, 2015. Candidates must demonstrate strong legal writing and research skills, an interest in international law, strong interpersonal skills, and the ability to adapt to different working environments. Applicants…
  • If a Manager Denies FMLA Benefits, They May Be Found Personally Liable

    LFN Editor 102KS31
    4 Sep 2015 | 3:00 am
    Chicago, IL (Law Firm Newswire) September 4, 2015 - Workers are entitled to Family and Medical Leave Act (FMLA) benefits. If a manager denies those benefits, a court may hold them personally liable. The Fair Labor Standards Act (FLSA) and FMLA allow workers to sue individuals for denying them benefits, and that includes HR directors and managers and the company CEO. The second important thing to note is that there are some state laws that also state that supervisors may be held personally liable for discrimination on the job. Personal liability is a frightening term when it comes to being…
  • Driver Was Without Sleep for 28 Hours in Tracy Morgan Crash

    LFN Editor 102KS31
    4 Sep 2015 | 3:00 am
    Petrillo & Goldberg Law. Pennsauken, NJ (Law Firm Newswire) September 4, 2015 – According to the National Transportation Safety Board (NTSB), the driver of a Walmart tractor-trailer that crashed into a limousine that was transporting comedian Tracy Morgan last June had not slept in more than 28 hours. However, the board also stated that Morgan and other passengers contributed to the seriousness of the accident when they neglected to wear seatbelts and adjust headrests. The accident occurred on June 7, 2014, at approximately 1 a.m. The Walmart driver struck Morgan’s limousine from the…
  • Divorce Selfies are Changing the Way People Talk About Divorce

    Kate Lyapustina
    3 Sep 2015 | 9:01 am
    Hackensack, NJ (Law Firm Newswire) September 3, 2015 - "Divorce selfies" are the latest craze to hit social media and for good reason. A Canadian couple shared a smiling selfie following filing for divorce and it has already received over 30,000 shares on Facebook. The post has since sparked a public conversation on a topic that is often looked at as a private and negative experience. Nima Ameri, Esq. of New Jersey Law firm Ameri & Associates thinks the recent media and public response to "divorce selfies." has been a positive one. “Getting a divorce shouldn’t have to be a painful…
  • Supreme Court Rules Bankrupt Homeowners Cannot Void Second Mortgages

    LFN Editor 102KS31
    3 Sep 2015 | 3:00 am
    Brandon, FL (Law Firm Newswire) September 3, 2015 - In a blow to struggling homeowners, the U.S. Supreme Court prohibited the voiding of underwater second mortgages in Chapter 7 bankruptcy. Previously, homeowners filing Chapter 7 bankruptcy in some states could seek to “strip off” second liens from their homes in cases where a drop in the house's value had resulted in the second lien having no claim on equity. In Bank of America v. Caulkett, however, the Justices ruled unanimously that Supreme Court precedent required them to bring an end to the practice. Bankruptcy attorney O. Reginald…
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    My Distribution Law

  • Marginal Evidence of Customer Diversion Won’t Support a Price Discrimination Claim

    Howard Ullman
    31 Aug 2015 | 5:30 am
    In Cash & Henderson Drugs, Inc v. Johnson & Johnson, Case No. 12-4689 (2nd Cir. Aug. 27, 2015), the Second Circuit upheld a summary judgment in favor of defendant pharmaceutical manufacturers accused of price discrimination. Retail pharmacies alleged – and the defendant manufacturers conceded – that the drug companies had offered lower drug pricing to staff-model HMOs and pharmacy benefit managers. The retail pharmacies alleged that the price discounts amounted to unlawful price discrimination under the Robinson-Patman Act. Through court-supervised discovery, the plaintiffs…
  • Are Mutual Index Funds Anti-Competitive?

    Howard Ullman
    27 Jul 2015 | 5:30 am
    They may be, according to a thought-provoking article by Harvard Law School Professor Einer Elhauge entitled “Horizontal Shareholding as an Antitrust Violation” (July 21, 2015), available here. In a nutshell, Professor Elhauge’s argument is: Large institutional investors (mutual funds and, presumably, ETFs) own fairly large shareholdings in horizontal competitors throughout the economy – for example, from 2013-15, seven shareholders controlled 60% of United Airlines, 27.5% of Delta airlines, 22.3% of Southwest Airlines, and 20.7% of JetBlue Airlines. The problem is particularly acute…
  • Milk expiration dates and clever cartels

    Howard Ullman
    21 Jul 2015 | 9:27 pm
    (Photo credit: Wikipedia) The Planet Money podcast this week has a story about the Greek economy.  According to the podcast, there is a Greek milk producer “cartel.”  Of course cartels are unlawful in Europe, just as they are in the U.S.  So it seems that Greek milk producers have engineered a clever “cartel” — they have lobbied the Greek government to require that bottled milk have an expiration date no more than 7 days after the milk is obtained from the cow.  As a result, milk produced elsewhere in Europe either isn’t available in Greece or is (I…
  • Price Erosion and Restricting Online Distribution Rights

    Howard Ullman
    19 Jul 2015 | 9:02 am
    An early vegetables reseller. (Photo credit: Wikipedia) A reader who works with clients who sell online asked me to address online distribution restrictions.  This is more-or-less the reverse of the question I addressed in “Can My Supplier Refuse to Sell Products to Me?”  As always, I offer general thoughts here, not specific legal advice. First, to frame the issue a bit further – if you sell products online, particularly through third-party sites such as Amazon, eBay, etc., then you very well may have concerns about controlling not only product quality and service but also price. …
  • “And the Plaintiffs Don’t Have to Sue My Competitors Because? . . . .”

    Howard Ullman
    30 Jun 2015 | 5:00 am
    One of the pet peeves of antitrust defendants is that the joint-and-several liability rule often means that plaintiffs can pick and choose which defendants to sue. (Plaintiffs will say – that’s a design feature of the antitrust laws, and not a bug.) In Ward v. Apple, Inc., the Northern District of California made it harder for plaintiffs to do the picking and choosing. Yesterday, the Ninth Circuit pushed the pendulum back, making it more difficult for defendants to argue that the picking and choosing is problematic. In a nutshell, the plaintiffs (a putative class of consumers) alleged…
 
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    Attorney at Work

  • How to Give Tough Feedback

    Merrilyn Astin Tarlton
    4 Sep 2015 | 3:00 am
    I once worked with a midlevel manager who, when advised of someone’s shoddy work or bad behavior, would inevitably respond with a simple, “Okay, I’ll tell her.” And that was exactly what he would do: Take the person aside, metaphorically hold his nose, and say something like, “You don’t write very well. You need to do a better job.” Then he would walk away, satisfied he’d done the really hard work that earned him the big bucks. Unfortunately, I also observed there was rarely any change or improvement in performance. And he had a hard time…
  • How to Give Tough Feedback

    Merrilyn Astin Tarlton
    4 Sep 2015 | 3:00 am
    I once worked with a midlevel manager who, when advised of someone’s shoddy work or bad behavior, would inevitably respond with a simple, “Okay, I’ll tell her.” And that was exactly what he would do: Take the person aside, metaphorically hold his nose, and say something like, “You don’t write very well. You need to do a better job.” Then he would walk away, satisfied he’d done the really hard work that earned him the big bucks. Unfortunately, I also observed there was rarely any change or improvement in performance. And he had a hard time…
  • Content Syndicators Find Readers for Lawyers’ Writing

    John Byrne
    3 Sep 2015 | 3:00 am
    When lawyers and law firms get focused on “creating content” (for those of you living in caves, that’s what “writing” is now called), they think mostly about the subject matter. And that makes a lot of sense, for obvious reasons. But often forgotten is how to get that content in front of the intended “audience” — as “readers” are now known. In the good old days, law firms distributed their content by the U.S. Postal Service: Copies of lawyer-authored articles and newsletters were stuffed into envelopes, labeled and then run through the closest postal…
  • Speaking Lessons from the Supreme Court

    Marsha Hunter
    2 Sep 2015 | 3:00 am
    Although it isn’t something I freely admit to my friends outside the legal world, I can share with you how much fun I routinely have on Oyez.org, the Supreme Court media site. (Oyez.org is part of the Oyez Project at the Illinois Institute of Technology’s Chicago-Kent College of Law.) If you haven’t checked out this site yet, do so immediately! There, you can have a virtual tour of Justice Stevens’ chambers, search Google maps for the gravesites of justices, and find all sorts of historical data, including the names of all of the justices who have sat on the court since 1789. You…
  • What You Need to Know About Client Feedback Programs

    The Editors
    1 Sep 2015 | 3:00 am
    Question: We’d like to start a client feedback program. What do we need to consider when implementing this type of program? Jim Jarrell: I think it’s safe to say that every firm needs some form of a client feedback program. How your particular program will look depends on your firm’s goals, size, resources and budget. Whether you desire a robust, structured program for client engagement or simply create a survey to measure results, there are three things to consider when implementing your own program: A good client feedback program is more than just a survey or a face-to-face…
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    Legal Marketing & Technology Blog

  • Six Disclaimers You May Need to Include on Your Legal Website or Blog

    Sarah Andropoulos
    2 Sep 2015 | 2:22 pm
    Now more than ever, people rely on the Internet as their first stop when seeking legal help. In response to this trend, it has become standard practice for attorneys to set up websites, blogs, and social media profiles for their law firms, working to make information about their legal services as accessible as possible to tech-savvy prospective clients. One of the challenges this presents is that any form of attorney advertising, which legal websites and blogs are generally considered to be, can be subject to myriad restrictions from a professional responsibility standpoint. Given the…
  • Three Ways to Avoid Copyright Infringement for Images on Your Blog

    David Kemp
    26 Aug 2015 | 8:52 am
    As we have emphasized numerous times on this blog, having high-quality content on your law firm website and blog is crucial for effective Internet marketing. Less important for search engine optimization (SEO) purposes, but still important for your human audiences, is having nice photos and graphics to accompany your content. However, finding good photos to accompany your website and blog content can be a challenge in itself. In particular, lawyers who write frequent blog posts often lament the need to find relevant, appropriate, aesthetically pleasing photos to accompany their posts. In an…
  • How to Write an Effective Home Page for Your Law Firm Website

    Sarah Andropoulos
    19 Aug 2015 | 10:42 am
    We recommend that all of our website clients add high-quality, original, and legally substantive written content in order to optimize their site’s performance. A key component of this strategy is to draft a strong and informative narrative for your home page, which is arguably one of the most important parts of your website from a search engine optimization (SEO) standpoint. A question we frequently get from clients in response to this advice is how to draft this kind of home page without making the narrative too long, or including so much legalese that the content is off-putting to…
  • Four Tips for Marketing Your Law Firm in Another Language

    Stacy Stern
    12 Aug 2015 | 10:22 pm
    Marketing your firm in an additional language besides English is a great way to expand your potential client base. Census Bureau data indicate that one in five U.S. residents speaks a foreign language at home. There are relatively fewer law firms competing for work in other languages so it is generally not as difficult achieve better search engine visibility. We work with a number of law firms that seek to cater to clients in other languages, so we wanted to share some tips. 1. Include quality content on your site in the language We recommend including high-quality, original content on all…
  • Does Your Law Firm Website Comply With Ethics Rules? You May be Able to Ask Your State Bar

    Sarah Andropoulos
    5 Aug 2015 | 1:59 pm
    As most practicing lawyers know, certain attorney advertising materials can be subject to mandatory review by the state bar before they are disseminated.  And while it may be obvious in some states that specific publications, such as targeted mailings, clearly fall within the ambit of this kind of rule, it may be less apparent whether and to what extent the same standards apply to law firm websites. The American Bar Association’s Model Rules of Professional Conduct, adopted in full or modified form in most states, do not address filing and review requirements for law firm websites. …
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    BullsEye Blog

  • BullsEye Video: Jurors Use Social Media To Research Case Details

    31 Aug 2015 | 7:00 pm
    Jurors sometimes use social media sites to research case details, but surprisingly, doing so is not always grounds for reversal of a verdict. This video outlines case examples of this behavior, along with practical steps you can take to reduce the risk of having social media  impact your next case.  
  • Capri Sun Says “Respect the Pouch”

    25 Aug 2015 | 12:21 pm
    You remember the pouch.  Everyone does.  You would likely call any juice drink in a silver pouch a “Capri Sun” even if it weren’t one.  That’s precisely Capri Sun’s point.  Its internationally trademarked pouch is valuable because of its immediate recognition as a Capri Sun drink.  When competing juice makers started mimicking the pouch, Capri Sun filed suit, claiming trademark infringement and sending a strong message to its competitors: “Respect the pouch.”
  • “Do You, Google Earth, Swear to Tell the Truth?”

    18 Aug 2015 | 6:58 am
    Can Google Earth make an assertion?  Does one of its satellite images with a date and time stamp or GPS coordinates qualify as an out-of-court statement subject to a hearsay objection at trial?  According to the Ninth Circuit, it does not.  Google Earth can take the stand and “testify” all it wants.
  • U.S. v. Bayer Is Proof ─ Daubert Is Not Hard To Digest

    13 Aug 2015 | 2:53 pm
    No matter what you’re ailing from, there’s a pill for it.  But how much proof does a manufacturer need to advertise a product’s medicinal benefits?  This question was the topic of discussion in the recent U.S. v. Bayer case over Bayer’s claims that one of its medications offers probiotic benefits.  In analyzing competing motions to exclude expert opinions, the court proved one thing for sure: Daubert is simply not that hard to digest.
  • To Apple, Love Taylor: Apple Responds with Royalties

    4 Aug 2015 | 6:58 am
    “To Apple, Love Taylor” has been the tweet heard ‘round the music world.  Taylor Swift emerged recently as the “loudest” voice to echo demands and lawsuits from numerous artists for higher royalty payments from music-streaming services. Considering Swift’s 61 million followers worldwide, it is no surprise that when Taylor “streams” for royalties, Apple responds.  
 
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    Hunt & Associates, PC

  • Proving Once Again that No Good Deed Should Go Unpunished

    Lawrence Hunt
    1 Sep 2015 | 2:59 pm
    An associate in a Boston law firm claimed that his former employer had unlawfully retaliated against him by not giving him letters of recommendation he wanted after he filed a complaint of racial discrimination against his employer. His employer successfully defended the claim through trial and appeal after the court refused to grant the employer summary judgment on that claim. The suggestion though that you have to give good letters of recommendation to every former employee who demands them is, itself, disturbing. However, what makes this case particularly disturbing is the fact that the…
  • A Problem of Consent: Why Can’t an Attorney be Held to Their Word? Why Can’t an Attorney Consent to Arrest?

    Lawrence Hunt
    19 Aug 2015 | 11:10 am
    The common law had a rule that you couldn’t complain about an injury you invited by consent. That rule, summarized in the Latin maxim “volenti non fit injuria” roughly translated as, “there’s no injury to a willing person”. Hence, when two boxers meet in the ring and fight, neither is charged with crimes of assault or battery nor can either fighter claim damages for personal injuries against their opponent because they consented to the obvious risks of the fight. A recent Ninth Circuit case noted in the ABA Journal, Demuth v. County of Los Angeles, shows how far our legal system…
  • Should You Be Planning for Long Term Care?

    Charles Ford
    17 Aug 2015 | 3:55 pm
    “…I have always found that plans are useless, but planning is indispensable.” -Dwight Eisenhower For most of us life rarely works out according to a plan. As an old proverb states, “man plans, God laughs”. We still make plans for future events which matter to us because experience teaches us that it makes sense to do so and because we anticipate, or at least hope, that planning will lengthen the odds of a successful or happy outcome. Most of us, however, will give little thought to planning for a time when we may no longer be able to care for ourselves. There may be any one of…
  • Anti-SLAPP Statutes: Now Held Invalid in Washington and should be Invalidated in Oregon

    Lawrence Hunt
    12 Aug 2015 | 10:51 am
    In Davis v. Cox, 183 Wn.2d 269 (2015), the Washington Supreme Court held that Washington’s Anti-SLAPP Law, RCW 4.24.525, violated the state constitutional right to jury trial of civil cases and the First Amendment right to petition government under the United States Constitution. As this note will briefly show, the court’s rationale in Davis for invalidating the Washington law is equally applicable to the analogous Oregon Anti-SLAPP Law. Summary of the Washington and Oregon Anti-SLAPP Laws Washington, Oregon, and many other states have enacted laws intended to punish strategic lawsuits…
  • Trial by Combat: A Monty Python Skit or a Ninth Amendment Right?

    Lawrence Hunt
    11 Aug 2015 | 4:39 pm
    Some might think that trial by combat is now only useful for Monty Python and other comic skits. But take a look at paragraph 26 of this pleading filed recently in a New York case where the defendant, a Staten Island attorney, “. . . demands his common law right to Trial by Combat as against Plaintiffs and their counsel . . .   .” The ensuing paragraphs of the pleading outline the author’s historical argument that, as a common law right available to Englishmen when the Ninth Amendment to the United States Constitution was ratified, the right to trial by combat was retained by the…
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    Rozek Law

  • How to Prevent Adolescent Head Injuries

    Randy Rozek
    4 Sep 2015 | 1:08 pm
    Visit us at RozekLaw.com When watching your child compete, it should induce pride, not fear. However, concussions are common at the high school and collegiate level. Meanwhile, most of it goes ignored. After speaking with Dr. Kevin Walters, the program director of adolescent pediatric sports medicine at the Children’s Hospital of Wisconsin, we learned about the possible methods to prevent brain injury, and how to deal with one if it arises. Walters stated that the key to preventing serious head injuries is to report them immediately when you notice a headache, dizziness or nausea.
  • Blood Test Can Detect Traumatic Brain Injury?

    Randy Rozek
    4 Aug 2015 | 6:21 am
    Visit us at RozekLaw.com Published in the Journal of Neurotrauma on July 10, a new blood test may soon help emergency room doctors to diagnose a traumatic brain injury and its severity with greater speed. What benefits may arise from this new practice? First, it could locate patients who will benefit from experimental treatment and extra therapy. Frederick Korley, from John Hopkins University School of Medicine, said that compared to measuring other proteins related to traumatic brain injury, BDNF predicts the outcome with greater accuracy. Millions of Americans suffer strikes to the head or…
  • Smackdown in the Courts: WWE Fights Brain Injury Cases

    Randy Rozek
    6 Jul 2015 | 9:49 am
    Visit us at RozekLaw.com The original Doink the Clown, Matthew Osbourne, died in his Plano home on June 28, 2013, at 57. While the Collin County Medical Examiner called it an overdose on painkillers, Osbourne’s family points out a different culprit: professional wrestling. This lawsuit echoes similarities to those that professional football players have filed for sustaining brain injuries. Matthew and Teagan Osborne, children of Doink the Clown, allege that the traumatic brain injuries resulted from wrestling and caused depression and drug abuse, which is part of what led to…
  • Diagnosing Traumatic Brain Injury with the DSM-5

    Randy Rozek
    10 Feb 2015 | 9:48 am
    Visit us at RozekLaw.com 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 RozekLaw.com 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…
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    HoganWillig

  • Pending New York Family Law Changes

    Kevin Mahoney
    26 Aug 2015 | 12:17 pm
    In June of 2015, a bill passed the New York Assembly (A07645) and Senate (05678) relating primarily, but not exclusively, to the determination of maintenance/spousal support.  These changes continue to await the signature of Governor Cuomo. The amount and duration of maintenance in a divorce case has always been a matter of discretion for the […]
  • What is the main difference between German and American law?

    Anna Szyperski
    17 Aug 2015 | 6:23 am
    Being a German intern in a U.S. law firm, many people have asked me about the differences between German and American law.  I would say the main difference is that Germany has a civil law system, whereas the U.S has a common law system. In contrast to common law, civil law is codified, meaning we […]
  • Take care of your property, even when moving out.

    Bruce Ikefugi
    12 Aug 2015 | 6:54 am
    A peculiar situation arose a few weeks ago which greatly jeopardized one of our closings.  I won’t tell you whether we represented the Seller or the Purchaser; from the point of view of this entry it doesn’t matter.  Firstly, I would say there are two types of Sellers, those that take very good care of […]
  • Tips for Parents of College Bound Students

    Linda Grear
    5 Aug 2015 | 6:43 am
    If you have children getting ready for college, the transition can be stressful. Your college-bound student may have been a high school math wizard, but, don’t assume that they know how to manage their money.  Many students have never had to write out a check and don’t understand basic banking mechanics.  Sit down with your […]
  • Why Your Restaurant Needs An Attorney

    Hogan Willig
    25 Jun 2015 | 7:17 am
    Whether you are just opening your doors, or have a well-established restaurant, you can agree that the legal and regulatory requirements of running your business are a big part of day-to-day operations. Making sure you are complying with these regulations is a critical factor in the success of your restaurant operation. This article aims to […]
 
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    bLAWgical Thinking

  • #The3Llife: What I Am Doing Differently

    Laura
    3 Sep 2015 | 9:55 am
    GUEST BLOG by Harrison Thorne, 3L at UCLA Law (1): Hand-Written Notes Last year, I transferred to UCLA Law.  I met new people, learned a lot, and had a great time.  However, I found myself wasting a lot of time and wondering what I could do differently.  I was frequently distracted by Facebook, Gmail, Gchat, iMessage, and the other usual culprits while I was supposed to be reading or paying attention in class.  I knew something had to change, but I did not know what steps to take. This year, I decided I had had enough with these distractions.  A lot of people can use willpower to avoid…
  • #The2Llife: The Year in Books

    Laura
    2 Sep 2015 | 10:55 am
    GUEST BLOG by Lauren Rose, 2L at the University of Detroit Mercy Well, the first week of 2L year is in the books! A year ago, I could not fathom the idea that I would be done with law school in just three short years.  Today, I am able to see the light, albeit a small, dismal light, at the end of the tunnel through the journey of law school. The first year of law school is pretty terrifying.  During the first week of 1L year, I had no idea what I was doing.  Literally no idea.  Zero, zip, zilch, nada.  With time, law school became less scary and more manageable. I would be lying if I…
  • #The1Llife: Let’s Get it Started

    Laura
    1 Sep 2015 | 2:50 pm
    GUEST BLOG by Dani Gies, 1L at UCLA School of Law LET’S GET IT STARTED (Shout Out to the Black Eyed Peas) Hello readers, my name is Dani and I am this year’s 1L Life blogger (#The1Llife)! I hope you will enjoy following my 1L journey and that my stories will help you in your process of choosing to go to law school; let you know you’re not alone, if you’re also a 1L; and maybe roll your eyes if you’re a 2L and beyond. First things first: Five things to do before law school begins. 1. 0L prep is not necessary, but gosh, does it help. UCLA is pretty progressive in that we have a…
  • #barexambrief: Now We Wait …

    Laura
    4 Aug 2015 | 9:53 am
    GUEST BLOG by Ifeoma Ukwubiwe Graduated from Rutgers School of Law-Newark It’s over! I can’t believe the bar exam is over. I woke up at 7:00 am today without any alarm. It was a surreal feeling that I haven’t felt in such a long time. I don’t have to load my body up with tons of caffeine and I don’t have to study for 12 hours a day. I can relax all day. I honestly don’t know what to do with all this free time. Well that’s just a saying. Of course I know what to do during my free time. Here are five ways I’m planning on getting back to the real…
  • #barpreplife: You’ve Got This!

    Laura
    28 Jul 2015 | 10:44 am
    GUEST BLOG by Ifeoma Ukwubiwe Graduated from Rutgers School of Law-Newark Dear Ifeoma, Tomorrow is the Bar Exam. WOW! You’ve come so far. I remember when you decided to apply to law school. You were so excited, anxious and nervous about the road ahead. You wondered whether you would get accepted to any law schools. You did! In fact, just two months ago you graduated from law school. WOW! How many people can say that they are pursuing their dreams? Look how far you’ve come, look how blessed you are. Now, you must complete your final step in your formal education. You must take the bar exam…
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    Attorney at Work

  • How to Give Tough Feedback

    Merrilyn Astin Tarlton
    4 Sep 2015 | 3:00 am
    I once worked with a midlevel manager who, when advised of someone’s shoddy work or bad behavior, would inevitably respond with a simple, “Okay, I’ll tell her.” And that was exactly what he would do: Take the person aside, metaphorically hold his nose, and say something like, “You don’t write very well. You need to do a better job.” Then he would walk away, satisfied he’d done the really hard work that earned him the big bucks. Unfortunately, I also observed there was rarely any change or improvement in performance. And he had a hard time…
  • How to Give Tough Feedback

    Merrilyn Astin Tarlton
    4 Sep 2015 | 3:00 am
    I once worked with a midlevel manager who, when advised of someone’s shoddy work or bad behavior, would inevitably respond with a simple, “Okay, I’ll tell her.” And that was exactly what he would do: Take the person aside, metaphorically hold his nose, and say something like, “You don’t write very well. You need to do a better job.” Then he would walk away, satisfied he’d done the really hard work that earned him the big bucks. Unfortunately, I also observed there was rarely any change or improvement in performance. And he had a hard time…
  • Content Syndicators Find Readers for Lawyers’ Writing

    John Byrne
    3 Sep 2015 | 3:00 am
    When lawyers and law firms get focused on “creating content” (for those of you living in caves, that’s what “writing” is now called), they think mostly about the subject matter. And that makes a lot of sense, for obvious reasons. But often forgotten is how to get that content in front of the intended “audience” — as “readers” are now known. In the good old days, law firms distributed their content by the U.S. Postal Service: Copies of lawyer-authored articles and newsletters were stuffed into envelopes, labeled and then run through the closest postal…
  • Speaking Lessons from the Supreme Court

    Marsha Hunter
    2 Sep 2015 | 3:00 am
    Although it isn’t something I freely admit to my friends outside the legal world, I can share with you how much fun I routinely have on Oyez.org, the Supreme Court media site. (Oyez.org is part of the Oyez Project at the Illinois Institute of Technology’s Chicago-Kent College of Law.) If you haven’t checked out this site yet, do so immediately! There, you can have a virtual tour of Justice Stevens’ chambers, search Google maps for the gravesites of justices, and find all sorts of historical data, including the names of all of the justices who have sat on the court since 1789. You…
  • What You Need to Know About Client Feedback Programs

    The Editors
    1 Sep 2015 | 3:00 am
    Question: We’d like to start a client feedback program. What do we need to consider when implementing this type of program? Jim Jarrell: I think it’s safe to say that every firm needs some form of a client feedback program. How your particular program will look depends on your firm’s goals, size, resources and budget. Whether you desire a robust, structured program for client engagement or simply create a survey to measure results, there are three things to consider when implementing your own program: A good client feedback program is more than just a survey or a face-to-face…
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    The Attorney Marketing Center

  • Two six-month vacations per year

    David M. Ward
    4 Sep 2015 | 11:31 am
    Hey there. I’ve got something to share with you. But it will have to wait. I’ll be back in an hour. . . Okay, I’m back. Where did I go? What did I do? I didn’t go anywhere, and I didn’t do anything. I took the hour off because I wanted to prove a point. My point is that we can all choose how we spend our time. If we want to take an hour off, we can. If we want to take the rest of the day off, we can. If we want to take Friday’s off, we can. Who says you can’t? Your boss? Your spouse? Your clients? Your creditors? Okay, so you have obligations.
  • How many hours a week do you work?

    David M. Ward
    3 Sep 2015 | 10:27 am
    If you’re like me, and you are, when someone asks you, “How many hours a week do you work?” you usually say, “It depends”. We say that because we’re lawyers and everything depends. How many hours we work depends on how one defines “work”. Do we count being at our workplace as working? Do we count thinking time? Reading time? What about driving time? I’m guessing that most people who put in a “full” day spend only 25% of that time actually working. Show up for eight hours, you do about two hours of work. (Actually, I recall…
  • Your doctor doesn’t use an away message so why do you?

    David M. Ward
    2 Sep 2015 | 12:24 pm
    I saw an article this morning about how to write a good out-of-office email and reminded myself that I’ve never used one. I don’t want to tell anyone that I am in or out of the office. I don’t want a leash. Why do your clients need to know where you are? And why does it matter if you’re out? Do you need to be “in the office” to receive or reply to an email? No, you don’t. “What about when I’m out of town and cannot be “reached” (i.e., on vacation?) I won’t even look at their email for two weeks. Don’t I need to tell…
  • What you write isn’t as important as how you write it

    David M. Ward
    1 Sep 2015 | 10:08 am
    How do you write an original article or blog post? After all, hundreds or thousands of attorneys (and others) are writing about the same things. They talk about the same laws, the same legal system, the same problems and solutions. The good news is that what you write isn’t nearly as important as how you write it. Prospective clients don’t read your content because they want to learn the ins and outs of your practice area. They don’t really want to learn about the law, they want to learn about you. Do they understand you? Do they relate to you? Do they like and trust you?
  • The best way to increase your income

    David M. Ward
    31 Aug 2015 | 12:26 pm
    My wife is a good shopper. On major purchases especially, she does her homework and makes sure that we always get a good price. She saves money by shopping online as much as possible. She buys fruits and vegetables at one grocery store, and paper goods at another. And she’s pretty good at finding sales when she buys clothes. But although she is a good shopper, she’s not a great shopper. She doesn’t count pennies, she doesn’t clip coupons, and she doesn’t drive miles out of her way to save a dollar or two. And that’s good because her time is valuable. Now,…
 
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    Estate Law Canada

  • Executor still won't sell land after 13 years

    3 Sep 2015 | 12:42 pm
    Being an executor can be tough, but sometimes being a beneficiary is no picnic, either. I recently heard from a frustrated beneficiary who is feeling stuck between a reluctant executor and the cost of a lawsuit. Here is his note, followed by my comments: "13 years since our dad died but my brother still holds onto the land and pays $10,000 in taxes every year. The land is only worth $350,000
  • You're invited to the Grand Opening of my new office

    30 Aug 2015 | 12:25 pm
    Not long ago, I said that I'd decided to go into business for myself. I'm now only about a week away from opening the doors! My new website has been launched, and I'd love it if you would click here to take a look at it. I hope that by launching this new office, I'll be much more accessible to everyone by phone and email Those in my home province of Newfoundland and Labrador will be able to
  • B.C. judge rules man has a right to half of $1.2-million Vancouver home he hasn’t lived in for 44 years

    25 Aug 2015 | 9:00 pm
    Way back in 1968, David and Sharon Johnston bought a house in Vancouver for about $37,000. They held the title to the property as tenants-in-common, each owning half. Within a few years, the marriage was in trouble and David moved out. The Johnstons never divorced, and they didn't take David's name off the title. Later, Sharon became involved with Ezra Lucas, who moved into the house with her
  • Yay, I nabbed second place in Mensa Canada Literary Contest 2015

    24 Aug 2015 | 10:49 am
    Recently I entered the Mensa Canada Literary Contest 2015 and I am pleased and proud to announce that I won second place! I have no idea whether it will be published, but it was fun to write. It's my first piece of fiction, since as you readers know, I usually write non-fiction. Check out my official bragging rights in the photo.
  • Is it time to revive the old-fashioned practice of the Reading of the Will?

    18 Aug 2015 | 12:56 pm
    Most people have only seen a Reading of the Will in movies. That's because they are rarely held these days. I wonder if it's time to revive the practice? A Reading of the Will is basically a meeting between the lawyer for an estate, the executor, the family members of the deceased, and anyone else who is named as a beneficiary under a will. The purpose of the meeting is to advise the
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    AZ Attorney

  • Kids be trippin’ and other art and legal events, via @SaatchiArt

    azatty
    4 Sep 2015 | 9:30 am
    Man Ray’s Glass Tears (via wikiart) It’s all art all the time this week. A little law too. Soon, I will share my surreal October Arizona Attorney editor’s column. It’s about art, plus it has a clown image. You’re welcome. And then there was this odd pro se defense to art fraud. I read about the strange legal story out of San Francisco, and it occurred to me it’s a pretty good argument for the value of lawyers. As the story goes: “When Luke Brugnara represented himself during a bizarre art fraud trial in May, the fallen real estate magnate frequently railed that the art he…
  • Arizona Black Bar announces annual banquet, calls for diversity-award nominations

    azatty
    3 Sep 2015 | 9:30 am
    Last fall, I attended and wrote about the annual banquet of the Arizona Black Bar. Held at the Phoenix Art Museum, it included well-deserved awards as well as a timely and compelling keynote speaker. (I wrote about the evening here.) Memories of that event lead me to happily share the Black Bar’s announcement regarding this fall’s annual event. Thus, the 2015 Hayzel B. Daniels Scholarship Award Dinner will be held on Thursday, October 22, from 5:30 to 9:00 pm, once again at the Phoenix Art Museum. I’ll share more detail in a minute, but note first that the ABB is seeking nominations…
  • September “Object to Hunger” food drive includes @discoverteris challenge to law firms to aid @StMarysFoodBank

    azatty
    2 Sep 2015 | 9:30 am
    Richard Saldivar, principal of TERIS for Arizona and Texas (center), with Ernie Ortiz, food drive manager, St. Mary’s Food Bank Alliance (left), and Beverly Damore, president and CEO, St. Mary’s Food Bank Alliance, in the inaugural Object to Hunger Food Drive in 2013. The St. Mary’s Food Bank Alliance will be the recipient of food and cash donations made by law firms during Hunger Action Month. The “Object to Hunger” food drive is in its third year, sponsored by TERIS, a litigation support services firm with offices in Phoenix and Austin, Texas. Co-sponsoring this year’s drive are…
  • Feathers ruffled, NFL protests the annual Superb Owl 5K race

    azatty
    1 Sep 2015 | 9:30 am
    The owl of the Superb Owl Night Run with co-organizers Tricia Schafer (left) and Johnny Lookabaugh (right). You may recall how back in January I predicted a particular legal outcome. A recent contrary result demonstrates why writing rather than lawyer-predicting was a better career course-correction for me. Back in January, I chuckled over an annual fundraising race called the Superb Owl. Hosted around the time of the Super Bowl, the organizers—and I—thought the charming diction would help the Owl fly beneath the radar of The Big Game’s organizers. Superb? Yes? Super? That question is…
  • Law schools, @ABAesq skewered in @nytimes @StevenJHarper1 op-ed

    azatty
    31 Aug 2015 | 9:30 am
    Is there any better morning than Monday’s to start an argument? That’s why I wonder if you read an op-ed piece in last week’s New York Times. There, in “Too Many Law Students, Too Few Legal Jobs,” attorney Steven J. Harper assesses what he sees as the continued sorry state of the economics underlying legal education. Illustration by Kevin Lucbert in New York Times Where do you stand on legal education? Is it still on a troubling path? Or has it located useful solutions? (If you don’t think there was a problem in the first place, well, I don’t know what to say to you.) He opens…
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    Beck's Law

  • The Breast Pump That Stumped Trump: Notes From Inside A Media Maelstrom

    Jared Beck
    27 Aug 2015 | 10:45 am
    Two months ago, I returned home from a summer family road trip to a message from Michael Barbaro, a reporter with the New York Times.  He had some questions about a real estate lawsuit my firm had handled.  Little did I know at the time, but returning his call would help ignite a media firestorm that catapulted my wife and law partner Elizabeth Beck into the national spotlight, prompted Donald Trump to emerge from his tower lair to slander her on national television with a series of outrageous fabrications, and ended up impacting the most-watched U.S. presidential primary debate in…
  • Florida’s Medical Necessity Defense, Reconsidered

    Jared Beck
    7 Jan 2015 | 8:30 am
    Surprisingly little has been written on Florida’s medical necessity defense, although the Amendment 2 campaign to legalize medical cannabis prompted some renewed discussion of the doctrine.  Still, medical necessity remains a barely examined and rarely applied legal concept in Florida.  It could gain importance as barriers to cannabis use, both recreational and medical, continue to tumble throughout the country. Florida’s medical necessity defense has received scant attention. In the 1991 case of Jenks v. State, 582 So. 2d 676 (Fla. 1st DCA 1991), a Florida appellate…
  • Who’s To Blame For The Great Florida Condo Crash? Florida Appellate Court Suggests It May Be . . . Escrow Agents

    Jared Beck
    7 Sep 2011 | 11:00 pm
    While the global economy remains in the doldrums, recent reports have the South Florida condo market showing signs of recovery, even robustness.  Still, the fallout from the Great Real Estate Crash of several years ago remains undecided in critical ways.  This is especially true of the legal realm, which typically marches to a slow but steady drumbeat. Yesterday, the Third District Court of Appeal — the Florida State intermediate appellate court with jurisdiction over Miami-Dade County — dropped a bombshell of sorts.  In a case called CRC 603, LLC v. North Carillon, LLC, the…
  • Donald Trump Is No Leader

    Jared Beck
    24 Apr 2011 | 4:53 pm
    Lately, Donald Trump has been dominating headlines as a potential presidential candidate.  Much of the discussion so far has concerned the seriousness of Mr. Trump’s plans. Commentators have noted past announcements of a Trump candidacy that never materialized, and his history of seeking the limelight at all costs, not to mention his lack of well-formulated political goals or viewpoints. Photo by Gage Skidmore But whether or not Donald Trump has any real intention of throwing his hat into the ring this time around, one thing should be clear to anyone who has observed his track record…
  • An Apology To My Readers

    Jared Beck
    9 Mar 2010 | 2:52 am
    Has it really been five monthssince my last article on this blog? I can only apologize to those readers who have been awaiting further analysis of the growing body of case law emerging out of the country’s latest real estate crash. Unfortunately, the day-to-day demands of legal practice, including the growth of my firm’s nationwide class action practice, have kept me from blogging regularly.  (Incidentally, those seeking more information on my firm’s recently-filed Yelp class action in California should visit this page.) Since the 11th Circuit’s blockbuster opinion in…
 
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    Law Donut blog feed

  • What can you do when tube workers strike businesses a blow?

    fionap
    24 Aug 2015 | 8:13 am
    London Underground is holding last ditch negotiations with unions in an effort to avoid two 24-hour tube strikes planned for this week. The strikes are over pay and working shifts as the Mayor of London, Boris Johnson, and London Underground attempt to bring a 24-hour service to London's underground system. If the tube strikes go ahead, it will mean yet another wave of disruption for businesses since the 24-hour service was announced back in September 2014. The Federation of Small Businesses estimates that the strikes in February cost businesses up to £600 million, with cancelled meetings…
  • How to turn around a struggling company

    guestbloggerLD
    18 Aug 2015 | 3:56 am
    A company administration process can help assist a company that is looking for legal protection while they restructure their business with the hope of being able to trade forward. If a company is struggling with insolvency and has taken the step to receive professional advice and obtain an independent business review, then a company administration procedure can help support the company while it is restructured. Every company can benefit from an independent business review, because it can help to identify areas that can be altered to help stabilise a company's cash flow. Cash flow is such an…
  • Why don't you have an LPA?

    Rory MccGwire
    27 Jul 2015 | 2:48 am
    Hardly a week goes by without dementia being mentioned on the radio and in the press. We live longer and longer, at great cost to the NHS, but we have barely begun to understand how we might combat dementia and Alzheimer's disease. So it is good news that the Government has taken steps to make a lasting power of attorney (LPA) easier to set up. Since 1 July, the forms have been made simpler, so too has the application process. Put simply, an LPA gives someone else the power to make certain decisions on your behalf, if you are no longer able to do so. So, if you are lying unconscious after a…
  • How to avoid a workplace meltdown

    fionap
    1 Jul 2015 | 12:06 pm
    The Met Office has announced that today has officially been the hottest day of the year. And temperatures have not been this high for at least ten years. The prospect of a week-long heatwave is great when you are off work and you can lounge in the sunshine. But squeezing into an overcrowded bus or tube, or sitting in stationary traffic, when you are already hot and bothered is a sure fire way to get you hot under the collar before the day has even started. The Met Office and Public Health England have warned that the current spell of hot weather could be harmful to some vulnerable people and…
  • An extreme way to handle divorce or separation?

    Rory MccGwire
    29 Jun 2015 | 5:34 am
    A video featuring an apparently disgruntled husband acting out revenge on his ex-girlfriend has gone viral on YouTube. Viewed more than six million times, the video, which was made in Germany, shows a man called Martin taking out his power tools to cut the couple’s shared belongings in half and then putting them up for sale on eBay. The decimated objects included a computer, a TV, a phone, a bed, a teddy bear and even a car. The opening words say: "Thank you for 12 'beautiful' years Laura! You've really earned half, greetings to my successor." The truth behind the spoof But this video is…
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    Colorado Construction Litigation

  • Mr. David McLain to speak at the 2015 Claims College – School of Construction.

    David M. McLain
    14 Aug 2015 | 7:57 am
    David M. McLain, Attorney, Higgins, Hopkins, McLain & Roswell, LLC will be speaking at the CLM 2015 School of Construction.  The 2015 Claims College will be held in Philadelphia, Pennsylvania, September 9-12. Each school is comprised of three levels and successful completion of all levels in a particular school will earn participants a respected and sought after designation, which will become the industry standard for identifying top-notch claims professionals. For individual schools, levels consist of pre-course reading materials, in-class instruction, group projects and…
  • Commerce City Enacts Reform to Increase For-Sale Multifamily Housing.

    David M. McLain
    12 Aug 2015 | 3:50 pm
    Many cities in Denver’s metropolitan areas are experiencing tremendous growth. For more than a year, Colorado has been reported to be in a building boom. However even with the noticeable expansion, some areas still suffer from a lack of housing options specific to multifamily developments. Sean Ford, Mayor of Commerce City, stated that “[the city] has not approved a new condominium or multi-family project since 2008.”[1]Those of us in the construction industry attribute this shortage, at least in part, to construction defect litigation, which is often drawn-out, complicated, and very…
  • The Vallagio HOA Appeals the Decision from the Colorado Court of Appeals.

    David M. McLain
    2 Jul 2015 | 7:30 am
    As highlighted in our most recent post, the Colorado Court of Appeals’ Vallagio decision upheld a declaration provision that prohibited the amendment of a mandatory arbitration clause without the consent of the developer/declarant.  Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et al., 2015COA65 (Colo. App. May 7, 2015).  This case protects a developer/declarant’s ability to arbitrate construction defect claims with a well-crafted declaration that requires declarant consent in order to amend the mandatory arbitration provisions for…
  • Vallagio v. Metropolitan Homes: The Colorado Court of Appeals' Decision Protecting a Declarant’s Right to Arbitration in Construction Defect Cases

    David M. McLain
    13 May 2015 | 4:20 pm
    On May 7th, the Colorado Court of Appeals issued its much anticipated ruling in Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et al., 2015COA65 (Colo. App. May 7, 2015).  By way of background, the Vallagio at Inverness Residential Condominiums were developed by Metro Inverness, LLC, which also served as the declarant for its homeowners association. Metropolitan Homes was Metro Inverness’ manager and the general contractor on the project. Greg Krause and Peter Kudla served as declarant-appointed members of the Association’s board during…
  • House Committee Kills Colorado's 2015 Attainable Housing Bill

    David M. McLain
    28 Apr 2015 | 9:24 am
    Senate Bill 177, the Colorado housing community’s effort to reinvigorate the construction of attainable multi-family housing and quell construction defect lawsuits, was killed by the House State, Veterans and Military Affairs Committee on Monday evening on a party-line vote. Although the bill received significant bipartisan support in the Senate, a broad coalition of municipalities, builders, contractors, and non-profit organizations was unable to convince a pre-determined “kill” committee of the merits and benefits of the bill.  We nevertheless expect an even stronger push for…
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    Accellis Technology Group

  • Time Matters Matter Monitor

    Colleen Heine
    4 Sep 2015 | 9:46 am
    Wouldn’t it be great to know when a contact or matter has been added, changed or deleted or accessed? Or if you were alerted when an account went into collections and no further billing entries should be added? This is possible with the the Time Matters ‘Matter Monitor. Within any practice management system, there are countless tools to help you better manage both file and client details. Time Matters is no exception and contains valuable features designed to ease your everyday practice of law. One feature that I recently recommended to a client to better manage their case load is called…
  • How to Create an Effective Technology Committee

    Larry Horvat
    28 Aug 2015 | 9:42 am
    Most firms understand that technology is a necessity to running a business, but not all IT projects and products are implemented effectively. Hey, we all make mistakes. It’s the ability to learn from those mistakes that can make or break us. That’s where a Technology Committee can help. A Technology Committee is a group of people that provide leadership, planning and coordination for a company’s technology needs (including computing, telecommunication, security and technology in general). Forming an IT Committee is an excellent way to support your firm’s IT strategy and prevent…
  • MetaJure Demonstration

    Accellis Technology Group
    24 Aug 2015 | 8:37 am
    Learn how MetaJure can help you manage your firm. Attend a free, 15 minute on-demand demonstration of MetaJure Automated Document Management system. If you’re interested in implementing a new document management system, this video will provide you with the knowledge you need to determine whether MetaJure is right for your firm. Learn about these amazing benefits and more: Find files instantly with “Google-like” search Save time through easy setup and maintenance, no expensive data conversion or training required Automatic filing and tagging eliminates manual profiling Enhance…
  • 4 Signs You’re Not Ready for Document Management Software

    John H. Roth II
    20 Aug 2015 | 8:45 am
    Are you tired of crawling through forests of digital folders, disappearing directories, or forgetting where you saved your documents? Have you finally decided that Document Management system just what your firm needs to get organized? Excellent! You’re on the way to a more efficient and productive office. That is, of course, unless your firm avoids the following four pit-falls. Here are 4 signs your firm is not ready for Document Management Software. 1) Your firm is not comfortable with new technology Implementing DMS is a commitment and it will change your workflow. Initially this can be…
  • Penetration Testing vs. Vulnerability Scanning

    Abbie Hosta
    14 Aug 2015 | 11:49 am
    We’ve noticed quite a few folks using the terms vulnerability scan and penetration test interchangeably. While both tools are an integral part of any organization’s security process, they are not the same. In an effort to eliminate confusion, let’s clarify the differences between vulnerability assessments and penetration tests (pen test). Before we get into the comparison, let’s first review what a “vulnerability” is. What is a vulnerability? A vulnerability is a weakness or ‘hole’ in a computer system, that the developer did not intend to create,…
 
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    The Litigation Consulting Report

  • Lawyers Often Can (and Should) Say More to Reporters Than “No Comment”

    4 Sep 2015 | 9:13 am
      By Jim Grandone Special Guest Author Grandone Media Strategies A lawyer I worked with recently summed up the love-hate relationship between lawyers and the news media as follows, “We spend 50 percent of the time trying to get publicity about our firm and the other 50 percent worrying about what the press is going to write about us.” It’s true that in some states, there are constraints on what a lawyer can say about a pending case. But in general, a lawyer is allowed to discuss the basics --such as the claim, the offense or defense involved, and (except where prohibited), the…
  • 18 Ways in Which Trial Can Be Like a Family Beach Vacation

    31 Aug 2015 | 8:52 am
      by Ken LopezFounder/CEOA2L Consulting Well, no one ever said a trial was like a day at the beach. Except that there are a lot of similarities, if you look hard enough. I'm just back from an annual two-week family vacation at the Outer Banks of North Carolina. My wife and I have seven-year-old triplet girls. My friend says that doesn’t sound too much like a vacation, and his point is well taken in many ways. Although anyone who has done this type of trip with young kids will have some memories that seem as if they came from a Norman Rockwell painting, there are plenty of stressful or…
  • Winning BEFORE Trial - Part 4 - Don't Overlook Visual Persuasion

    25 Aug 2015 | 7:20 am
      by Ryan H. FlaxManaging Director, Litigation Consulting & General CounselA2L Consulting In our last post in this series, we explained why storytelling is the key to gaining and keeping the attention of any decision maker and thus the key to winning before trial. How does one develop an effective story? Here are the rules of thumb.   First, the simpler the story, the better, and the simpler the language, the better. Use metaphors involving sensory descriptions. Reduce the facts to a relatable story, and use “word pictures.” The complete package of storytelling is not…
  • The Best Litigators Love Sales, Love Storytelling and Persuasion

    20 Aug 2015 | 8:44 am
      by Alex BrownDirector, OperationsA2L Consulting I hate selling. How many times do we hear this in our daily lives? Many of us have chosen our careers at least in part to avoid having to sell. I bet that many law students thought they’d never again need to be in a position to sell something. Then they became litigators. Whether you believe it or not, as a litigator your whole essence is to sell. But no: You believe that selling is manipulative, annoying, and even boring. Think of Steve Jobs. Whenever Jobs stood up at an internal meeting, interview, or software release event, he was…
  • Social Proof and Jurors

    18 Aug 2015 | 9:15 am
      by Alex BrownDirector, OperationsA2L Consulting The well-known sociological principle of “social proof” has many definitions, but the most accepted one is that in times of uncertainty, people naturally do things that they see others doing. And the percentage of acceptance rises when it involves people you respect, know, or are in some way influenced by. Multiple experiments have been done on this topic, but an example happened to me this weekend. I was at a Washington Nationals game with my family, and we were sitting a few rows back of the dugout. It was the first major league…
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    Wexler Wallace Law Firm Blog

  • What is an Employee Nowadays?

    Adam Prom, Associate
    2 Sep 2015 | 8:24 am
    The economy is changing dramatically in front of our eyes, but I’m not talking about the devaluation of the Yuan. I’m talking about the “on-demand economy.” This new economy is reshaping the consumer world and how goods and services are
  • Defying the Rule of Law

    Thomas Doyle, Of Counsel
    27 Aug 2015 | 1:06 pm
    During a White House Press Conference in 1958, President Dwight Eisenhower explained why he sent the military to Little Rock when local officials defied court orders on desegregation: “There is no person in this room whose basic rights are not
  • Iowa Select Herbs Banned from Marketing Misbranded and Adulterated Supplements

    Tania Yusaf, Associate
    21 Aug 2015 | 7:55 am
    Many dietary supplements and drugs claim to provide some type of health benefit. Walk into any Walgreens and you will see an entire aisle devoted to supplements. Or look at any of the ads you are bombarded with when you
  • Ascertainability, Injury and the Upside-down View of Class Actions

    Ken Wexler, Founder and Managing Partner
    19 Aug 2015 | 7:40 am
    Class actions are a procedural device enabling courts to handle large numbers of similar claims efficiently and economically. The procedural device serves two purposes. Spending $100 to get $50 First, litigation is so expensive and time-consuming that the science of
  • ABA Looks for the Best of the Best Legal “Blawgs”

    Amy Sayre, Paralegal
    10 Aug 2015 | 9:06 am
    Ever year the American Bar Association honors 100 of the best legal blogs with its Blawg 100 Amici.  In 2015 – its ninth year – the ABA continues to seek out the best in legal blogs with topics ranging from
 
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    LegalMarketingMaven.com

  • Yelp Is a Powerful Tool When It Comes to Lawyer Marketing

    lauralee
    3 Sep 2015 | 11:37 am
    It’s hard to believe summer is almost over and the kids are already heading back to school. It will be nice to have a long weekend, I plan to play tourist right here in my backyard. Although, I’m eagerly looking forward to the weeks after Labor Day; all of the Florida Panhandle tourists leave and us locals finally get to reclaim the beach! On September 30th, I’ll be traveling to Orlando to speak on marketing at National Network’s Estate Planning Collegium Conference.  If you will also be there, shoot me back an email. I’d love to grab coffee or a drink! I’ll also be attending…
  • The Perfect Welcome Email to Send to EVERY New Client!

    lauralee
    29 Jul 2015 | 1:24 pm
    One of the greatest frustrations clients have with their lawyers centers around the issue of communication.  Many people lament that they never hear from their attorney until it’s time to write another check.  Even if that’s not really the case, the “perception” of such can quickly make a client standoffish… always questioning your time and your motives. Who wants that as the start of a business relationship?  At the same time, you don’t have the time to “chat” or answer questions all day.  And really, it’s equally frustrating that clients would EXPECT that of you.
  • How’s that newsletter working out for you?

    lauralee
    15 Jul 2015 | 11:28 am
    If you are struggling to find the time to keep in touch with your clients and/or prospects, might I suggest you start sending a regular newsletter with great content and promotional materials for your firm? When I start working with a new client, I pretty much insist that they start sending at least an electronic newsletter to their database.   My absolute preference is that a client sends BOTH an ezine each month (or bi-weekly) and a print newsletter by mail.  I want to be infiltrating the prospect’s inbox AND their mailbox whenever I can! The reason I insist on mailing newsletters is…
  • Think twice before setting up a “review station” in your firm!

    lauralee
    1 Jul 2015 | 11:45 am
    I talked to an attorney this week who wanted to get some more reviews posted online from happy clients following the completion of their legal services. He was thinking about setting up a “Review Station” in the firm where clients could spend a few minutes at one of 5 dedicated computers he would set up in the office and leave feedback about their attorneys before leaving.  He felt this would get around the issue of clients forgetting to review the firm when they got home… and that the reviews would be mostly favorable because he was “striking while the iron was hot” when clients…
  • A Summer Networking Challenge To Help Market Your Law Practice

    lauralee
    17 Jun 2015 | 1:40 pm
    It’s hard to believe June is here already. This week marks the 4th Father’s Day without my husband Nick. I’m not sure it will ever get easier; however, I was recently told by someone I admire that my trials have allowed me to help so many more families struggling with illness, caregiving issues and loss through my work here at Legal Marketing Maven. So, there’s some silver lining. Because of my professional background and my personal experiences, I truly know first hand that families desperately need legal counseling, services and support during all of the transitions that…
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    Idaho Criminal Defense Blog

  • The Idaho Rider Program

    William Young
    4 Sep 2015 | 11:56 am
    Cue the intro: “Knight Rider, a shadowy flight into the dangerous world of a man who does not exist. Michael Knight, a young loner on a crusade to champion the cause of the innocent, the helpless, the powerless, in a world of criminals who operate above the law.” Sorry, this post has absolutely nothing to do with the 1980s TV show “Knight Rider” but I couldn’t help myself. Today’s post deals with an interesting Idaho specific legal option available in many felony cases: The “Rider” program. In the past, when a defendant is convicted of a felony…
  • Should You Refuse The Breathalyzer?

    William Young
    1 Sep 2015 | 12:27 pm
    Now that we are finished with the recent trial, my nightmares involving exhibits, motions, and objections are beginning to subside, and things are starting to settle back into the normal daily grind; I figured it was time for me to sit down and get back to posting on our blog. Today’s post covers one of the most common questions I get from clients, friends, and family: “If I have been drinking and I get pulled over, what should I do?” Unfortunately, it is often the case that by the time I am asked this question…it is already too late. Prior to becoming a lawyer, I was…
  • Fazliddin Kurbanov Found Guilty – Looking At Terrorism In Idaho

    Chuck Peterson
    13 Aug 2015 | 12:26 pm
    Fazliddin Kurbanov’s trial is over, and as quickly as it began, most people will forget about the issues raised in court. A jury found that Fazliddin had agreed with a person identified as “Ahmadi” to provide material support to the Islamic Movement of Uzbekistan. He had not sent them the money they asked for or the software they wanted to protect their website, but he had communicated with them, and much of what he wrote sounded like he wanted to help them. The jury found he had the makings of a bomb, and that he attempted to provide himself to the movement. But what did the IMU really…
  • I feel like a turtle, on its back, in the middle of the road!

    Chuck Peterson
    27 Jun 2015 | 6:37 am
    Two weeks to go – and then another six or so to sanity. This is the way it goes every time I prepare for a big trial. I try to not let it get me but it always does. And my compadres at the office, my blushing bride of nearly forty years, and anyone who happens to get in my way as I rush from one “must do” to the next. Run! Uh… I can’t run. I am a turtle on my back in the middle of the road and that is a line of cars (let’s go with Porsches) headed at me full speed! That parade of 911s is actually the government, ready to roll over me and try to crush my…
  • Pardon our absence …

    Chuck Peterson
    7 May 2015 | 2:53 pm
    There are times when we are getting ready for trial and there seems little time to breathe, and no time to post to this blog. Now is such a time. So if we seem absent – well we are. But I am reminded today of the value of preparation, and the burden it places on us as lawyers. How much time will it take to really know your case? And how much time will it take to really know your story? We are nine weeks out from the trial of a case that has consumed two years time, so we are really in the soup. Transcripts and documents and videos and audio files and file paths and more … So…
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    Loyalty Law

  • Survey Finds 63% Of UK Companies Have No Specific Health And Safety Budget

    katie@digirank.co.uk
    17 Aug 2015 | 6:15 am
    A survey carried out by the European Agency for Safety & Health At Work has found that sixty three percent of companies in the United Kingdom do not have a... The post Survey Finds 63% Of UK Companies Have No Specific Health And Safety Budget appeared first on Loyalty Law.
  • Four Reasons Whiplash Is More Serious Than You Think

    katie@digirank.co.uk
    14 Jul 2015 | 9:15 am
    Whiplash is rarely seen as a particularly serious injury. The truth is that there is a significant minority of cases that are really very serious and very difficult to live... The post Four Reasons Whiplash Is More Serious Than You Think appeared first on Loyalty Law.
  • Construction Sites And Accidents At Work

    katie@digirank.co.uk
    12 Jun 2015 | 5:33 am
    Accidents at work can happen in a lot of different ways. This post seeks to inform and to illuminate some of the more important accident at work safety issues that... The post Construction Sites And Accidents At Work appeared first on Loyalty Law.
  • How Common Are Accidents At Work Really?

    katie@digirank.co.uk
    12 May 2015 | 8:28 am
    Accidents at work are often portrayed as rare events. On its own, this opinion is harmless, but it’s often implied that they’re also very unfortunate events, with nobody really to blame... The post How Common Are Accidents At Work Really? appeared first on Loyalty Law.
  • Reasons To Be Careful (One, Two, Three)

    katie@digirank.co.uk
    14 Apr 2015 | 7:17 am
    Whiplash claims is a heavily contested area of law. Not in the actual court – there are fairly predictable whiplash payouts that you can expect to receive based on factors that... The post Reasons To Be Careful (One, Two, Three) appeared first on Loyalty Law.
 
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    Strictly Business

  • Why You Can’t Really Include Non-accredited Investors in Rule 506 Offerings

    Alexander J. Davie
    31 Aug 2015 | 7:05 am
    One common misconception I encounter among startups is the idea that companies raising capital can include non-accredited investors in Rule 506[1] offerings. While it is technically true that a Rule 506 offering may include up to 35 non-accredited investors, what is often missed is that it is not really practical to do so. The main reason for this is set out in Rule 502(b), which requires that an issuer provide a large amount of information to potential investors who are not accredited investors. Generally, this information is roughly comparable to the type of information that would be…
  • Summary of the Proposed Amendments to Form ADV and Investment Advisers Act Rules

    Alexander J. Davie
    31 Jul 2015 | 2:42 pm
    On May 20, 2015, the SEC issued proposed amendments to Form ADV and the Investment Advisers Act rules. In the release, the SEC proposed amendments to Form ADV that would require advisers to disclose additional information, such as information about separately managed account business, and allow private fund adviser entities operating a single advisory business to file one Form ADV. The release also contains proposed amendments to the Advisers Act books and records rule. Umbrella Registration Form ADV was originally designed for use by an investment adviser that is a single legal entity.
  • Frequently Asked Questions about Regulation A+

    Alexander J. Davie
    30 Jun 2015 | 8:20 am
    Back in March, I wrote about proposed revisions to Regulation A, commonly known as “Regulation A+”, which were designed to implement Section 401 of the Jumpstart Our Business Startups Act (JOBS Act). Since then, the SEC issued its final rule, which went into effect earlier in the month. Back in March, I had two main thoughts regarding the proposed rule. First, by proposing that Regulation A+ offerings preempt state registration requirements, the SEC had proposed a securities exemption that may actually prove useful and had a chance to be used in the real world (as opposed to the old…
  • Should Founders Subject Themselves to a Vesting Schedule?

    Alexander J. Davie
    27 May 2015 | 9:08 am
    When advising startup clients, I frequently recommend that they subject the shares issued to their founders (as well as those issued to any equity-compensated employees and contractors) to a vesting schedule. This conversation often leads the founders to look at me as if I had just asked them to grow a second head. It’s not hard to see why they would be somewhat confused as to why I recommend this course of action. As a technical matter, usually (but not always) my client is the startup itself and not the founders personally. And while I am always very clear about this with my clients,…
  • Venture Capital Term Sheet Negotiation — Part 21: No-Shop and Confidentiality Provisions

    Alexander J. Davie
    29 Apr 2015 | 3:31 pm
    This post is the twenty-first and final in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior twenty 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…
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    Oklahoma Personal Injury Blog

  • Oklahoma Semi Truck Accidents

    Attorney Ray Maples
    22 Aug 2015 | 9:25 am
    According to the National Highway Traffic Safety Administration (NHTSA), accidents with tractor trailers are responsible for one in nine highway deaths. While tractor trailer traffic is important to the economy of Oklahoma and the nation as a whole, the sheer size and weight of these trucks can make them especially dangerous to the drivers of passenger vehicles. Drivers of tractor trailers and other large trucks operate under strict guidelines set forth by the Federal Motor Carrier Safety Administration. These rules dictate such things as how many hours a commercial driver can drive without…
  • Fatal Car Accidents Up In Oklahoma

    Attorney Ray Maples
    10 Aug 2015 | 9:18 am
    Oklahoma is a big state with endless miles of streets, roads, and highways. According to the Insurance Institute for Highway Safety and the Highway Loss Data Institute, the year 2013 saw 621 fatal traffic accidents in Oklahoma, leading to 678 deaths. That’s 17.6 deaths for every 100,000 people in the state’s population, tying Oklahoma with Alabama for the fifth highest per capita traffic death rate in the nation. These are scary numbers. While most Oklahoma residents drive motor vehicles on a daily basis, we often forget how inherently dangerous it is to be on the road. All traffic…
  • Popular Blood Thinner and its Side Effects

    Attorney Ray Maples
    31 Jul 2015 | 3:52 pm
    Since the 1950s, blood thinning drugs known as anticoagulants have been used to treat heart problems related to blood clots, such as abnormal heart rhythms, pulmonary embolisms and deep-vein thrombosis. These conditions are common to the elderly. Anticoagulants such as Coumadin (the brand name for Warfarin) were seen as breakthrough drugs in cardiac medicine. Anticoagulants have saved and prolonged many lives, but these medications can have serious side effects people taking these drugs need to be monitored very closely. When combined with certain foods and medications, such as antibiotics,…
  • Traveling Safely Through Oklahoma City Construction This Summer

    Attorney Ray Maples
    16 Jul 2015 | 12:29 pm
    Construction site car accidents have claimed over 4,400 lives in the past six years, according to the Federal Highway Administration (FHWA) – and most of them belonged to drivers who were trying to navigate a work zone when something went wrong. Another 200,000 people were injured, making work zones a dangerous stretch of roadway to navigate. Summer and fall are the top times for road construction accidents, according to the FHWA. You can help protect yourself and your passengers from being among these grim statistics by practicing some basic safety tips: Plan ahead. Tools like Google Maps…
  • Boat Safely in Oklahoma This Summer With These Safety Tips

    Attorney Ray Maples
    8 Jul 2015 | 12:14 pm
    Boating is a fun summer activity in Oklahoma and neighboring states, but it can also result in accidents and injuries if boaters don’t take basic safety precautions.  Plan ahead for an enjoyable time on the water by learning all you can about boating from the U.S. Coast Guard and other sources, and by keeping boating safety tips like these in mind: Check the weather first. Check a detailed weather forecast before you head out.  Look for small craft advisories and gale or storm warnings.  If advisories or warnings have been raised, consider altering your plans to save boating for a calmer…
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    » Blog

  • What You Need To Know About Social Security and Public Pensions

    Jay Solnick
    27 Aug 2015 | 10:24 am
    Coming up with a strategy to obtain Social Security benefits can be complicated. Add in disability or a pension, and it becomes even more complex. However, there are pension and disability requesting strategies available to ensure that you and your family are taken care of. Speaking with financial advisors and experienced attorneys can help sort out some of the confusion. Maximizing Social Security Retirement and/or Disability Benefits If one spouse is already claiming Social Security retirement benefits, the disabled partner may be able to receive a spousal benefit instead of a disability…
  • Five Common Reasons for Being Denied Workers’ Compensation

    Jay Solnick
    25 Aug 2015 | 10:13 am
    5 Reasons Workers’ Compensation Requests are Denied An injury that occurs on the job and keeps you from returning to work can be devastating. Some work environments, such as construction sites, are inherently dangerous and give rise to particularly bad injuries. Beyond dealing with the injury, trying to obtain workers’ compensation—particularly if your employer is trying to make the case that you are simply a “contractor” and not a covered employee—is sometimes simply too much. Recently, an article was released on the five most common reasons for being denied workers’…
  • Workers’ Compensation in Pennsylvania

    Jay Solnick
    20 Aug 2015 | 12:10 pm
    Nearly anyone who works in the construction field understands there are certain hazards in the workplace. Unfortunately, in some cases, in order to get the workers’ compensation benefits you are entitled to under the law, you may need to hire a personal injury lawyer to help with the claims process or to appeal a denial of benefits. Benefits denials can be a result of your employer claiming your injuries are not work-related. Construction Site Accidents Unfortunately, remodeling, heavy construction and demolition tasks are inherently dangerous. There are numerous injuries that workers —…
  • Pennsylvania Work-Related Injuries were 100,330 in 2013

    Jay Solnick
    18 Aug 2015 | 10:31 am
    During 2013, there were 110,300 cases of work-related injuries or illnesses across Pennsylvania. Construction workers suffered nearly 8,000 of those accidents, including strains and sprains. For most workers, construction injuries were more likely to impact their upper bodies versus any other area. The average age of injured workers was nearly 42, which can mean, in many cases, it was harder for them to recover from injuries than it would be for their younger counterparts. A personal injury lawyer can help you when your workers’ compensation claim is denied. What Causes Sprains and…
  • What You Must Know about Social Security’s Disability Crisis

    Jay Solnick
    13 Aug 2015 | 5:06 am
    A recently released report discussing the potential crisis on the horizon for Social Security Disability states that the fund is running out of money. For approximately 11 million Americans, the steep cuts that are coming if Congress does not act soon are quite frightening—and those cuts could be here as early as 2016. Familiarizing yourself with some information about the program and its background can be helpful: The Law By law, Social Security has a very strict definition of adult disability (i.e. it must be a life-threatening disability or medical condition). To be found disabled, you…
 
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    Hardwick & Pendergast - Seattle Personal Injury and Car Accident Attorneys

  • Hardwick & Pendergast, P.S. Welcomes Douglas Weinmaster

    Hardwick &#38; Pendergast, P.S.
    18 Aug 2015 | 5:15 pm
    Douglas T. Weinmaster has been representing people with personal injury claims for nearly two decades in the state of Washington. After finishing his legal studies at Gonzaga University School of Law, Doug worked for a major insurance company for several years. Having learned how the insurance industry handles personal injury claims in the courts, Doug then joined a prestigious Seattle-based law firm where he successfully represented hundreds of serious personal injury, medical malpractice, and wrongful death claims. In his time practicing law, Doug has established himself as a skilled injury…
  • Iwakuma Throws No-Hitter

    Hardwick &#38; Pendergast, P.S.
    14 Aug 2015 | 5:06 pm
    Seattle Mariners pitcher Hisashi Iwakuma threw a no-hitter Wednesday night in a 3-0 win against the Baltimore Orioles. Iwakuma’s gem is the fifth no-hitter in M’s history. The righty struck out seven, walked three and didn’t hit a batter while becoming the oldest pitcher since Randy Johnson in 2004 to throw a no-hitter. The Orioles’ best chance at getting to Iwakuma came in the fourth inning when he walked two batters. Iwakuma struck out the next batter to end the inning and didn’t let anyone on base the rest of the game. When Gerardo Parra’s two-out, ninth-inning drive to the…
  • Top Causes of Fatal Pedestrian Crashes in Washington

    Hardwick &#38; Pendergast, P.S.
    13 Aug 2015 | 12:02 pm
    With business booming in Seattle and other Washington cities, people are flocking to these areas. This doesn’t just mean more bikes and cars on the road, but more pedestrians as well. Although walking can be good exercise and help reduce your environmental impact, it can also pose many risks.  Distracted or careless drivers can easily cause an accident that leaves a pedestrian seriously injured. In an attempt to track safety data and improve pedestrian safety, the Washington Traffic Safety Commission (WTSC) collects and analyses information about pedestrian accidents in Seattle and other…
  • Top Back to School Safety Tips for Drivers

    Hardwick &#38; Pendergast, P.S.
    11 Aug 2015 | 11:59 am
    Every Seattle driver needs to stay alert in order to avoid accidents.  When the new school year begins, it’s important to watch out for changes in pedestrian traffic, the presence of school buses, and other events that you didn’t have to deal with during the summer. Here are some tips to drive with care and make sure that children sharing the road with you make it to class safely: Practice safer drop-off habits. If you drop or pick up children at school, learn the school’s procedures beforehand.  Most schools have specific rules about where to park and when.  Avoid double-parking,…
  • Google’s Self-Driving Car Involved in First Injury Accident – Caused by Human Error

    Hardwick &#38; Pendergast, P.S.
    7 Aug 2015 | 11:49 am
    Google’s self-driving cars have been cruising roads in California and other states for several months, gathering data to help the company fine-tune the technology. So far, Google has reported the vehicles have been involved in fourteen accidents, each of which caused by a distracted human driver in another vehicle. Recently, according to the Seattle Times, Google reported the first self-driving car accident that resulted in injuries. Once again, a distracted human driver was at fault. The injury crash occurred in Mountain View, California, when a human-driven vehicle rear-ended the Google…
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    Farah and Farah Legal Blog

  • Jacksonville Woman Killed in Crash

    Farah & Farah
    26 Aug 2015 | 3:01 pm
    A 24-year-old Jacksonville woman was recently killed when a 2011 Dodge Ram driving the wrong way on the highway struck her 2005 Toyota Camry. According to a report in the Florida Times-Union, the fatal car accident occurred on Georgia State Route 32, east of Alma. Officials say the driver of the Dodge Ram crossed the centerline and struck the Camry head-on. The woman behind the wheel of the Camry was pronounced dead at the scene. The 35-year-old driver of the Dodge Ram was injured, as were his three passengers. Whenever a head-on collision happen, it is important to conduct a thorough…
  • How to Obtain Your Florida Medical Records

    Farah & Farah
    20 Aug 2015 | 2:54 pm
    There are many reasons why you may need copies of your medical records. For example, if you have been involved in a Florida car accident, you will need your medical records to prove the severity of your injuries or even the fact that you were injured in the accident. Your medical records will also establish that your injuries resulted from the crash and were not the result of a prior condition. You will also need your medical records if you are the victim of medical malpractice or have been hurt by a defective product. Under the Health Information Portability and Accountability Act (HIPAA),…
  • Creating the Right Parenting Plan for Your Family

    Farah & Farah
    12 Aug 2015 | 2:47 pm
    Divorced parents in Florida are required to create a parenting plan. This arrangement spells out the tasks and responsibilities of each parent. Instead of custody and visitation agreements, parents in Florida have parenting plans and time-sharing agreements. Family law judges often require parents to draft their own plans through mediation, but some parents are unable to come to a friendly agreement. In such cases, the matter will go before a judge. If you are a parent going through a divorce in Florida, you will have to help create a parenting plan that keeps the best interests of your…
  • Florida Man Charged with DUI on Way to Bar

    Farah & Farah
    4 Aug 2015 | 2:44 pm
    Many Florida DUI cases involve drivers who’ve just left a bar or restaurant. In one recent situation, a 36-year-old man was arrested after allegedly fleeing into a tiki bar parking lot to elude arrest. According to a report in the Miami Herald, the Hialeah man was arrested at the Looe Key Tiki Bar. The arresting officer witnessed the man passing cars in no-passing zones. When the officer began pursuit, the man turned off the road and into a bar parking lot. The officer claims the man smelled of alcohol and made the arrest. It’s unclear what tests the arresting officer performed before…
  • Dividing Property During a Florida Divorce

    Farah & Farah
    27 Jul 2015 | 2:55 pm
    It is a common misconception that property is always divided up evenly during a divorce. Florida law requires the division of property to be fair and equitable, but there are many factors that may affect who gets what. A judge may even find that an equal division is unfair and award one spouse should receive a larger portion of the assets or debts. Among the many factors a judge will consider when dividing property include: How long the spouses were married The economic circumstances of both spouses What each spouse contributes to the marriage including not only wages, but also homemaking and…
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    About Florida Lawyers & Attorneys

  • Homosassa Florida Criminal Defense Lawyer

    Florida's Top Rated Attorney
    5 Sep 2015 | 7:28 am
    The Best Homosassa Florida Criminal Defense Lawyer in Florida can be found by visiting BestFloridaLawOffices.com The Best Homosassa Florida Criminal Defense Lawyer in Florida can be found by visiting BestFloridaLawOffices.com The attorneys at the Homosassa Florida Law Firm are straightforwardly the best choice law team that can be contracted in Florida. Clients all agree that this Homosassa Law office and Associates are the attorneys to include on your side when you have a case the looks like a loser. You will feel safer knowing that you have the legal authority and expertise of the Homosassa…
  • Parker Florida Criminal Defense Lawyer

    Florida's Top Rated Attorney
    5 Sep 2015 | 3:22 am
    The Best Parker Florida Criminal Defense Lawyer in Florida can be found by visiting BestFloridaLawOffices.com The Best Parker Florida Criminal Defense Lawyer in Florida can be found by visiting BestFloridaLawOffices.com The Law Offices of Parker Florida are by far the best legal teams as they get the desirable results time and time again. Whenever you totally demand to win your case, the Parker Florida Law Offices are the ones to ring. From high-ranking profile cases to brief motions, this team of attorneys have proved that they are the ones to vanquish. Unparalleled success in and out of the…
  • Campbellton Florida Criminal Defense Lawyer

    Florida's Top Rated Attorney
    5 Sep 2015 | 2:29 am
    The Best Campbellton Florida Criminal Defense Lawyer in Florida can be found by visiting BestFloridaLawOffices.com The Best Campbellton Florida Criminal Defense Lawyer in Florida can be found by visiting BestFloridaLawOffices.com The Best Campbellton, FL Criminal Defense Law Office, The Legal Offices of Campbellton Florida, is thought of one of the leading ranked Florida Criminal Defense Law Offices for good sense: they get the job done. If you are in trouble and call for a high caliber Law team to be behind you, then the Law Offices of Campbellton Florida are the ones you need to meet. This…
  • Lawyer suing transportation facility designer questions mayoral contributions – Citizens Voice

    Lawyer - Google News
    5 Sep 2015 | 1:03 am
    Lawyer suing transportation facility designer questions mayoral contributionsCitizens VoiceThe lawyer suing the firm that designed the James F. Conahan Intermodal Transportation Facility said in court Friday that the firm has made repeated campaign contributions to Wilkes-Barre Mayor Tom Leighton and suggested it knew it would land the …and more »
  • Hawthorne Florida Criminal Defense Lawyer

    Florida's Top Rated Attorney
    4 Sep 2015 | 11:15 pm
    The Best Hawthorne Florida Criminal Defense Lawyer in Florida can be found by visiting BestFloridaLawOffices.com The Best Hawthorne Florida Criminal Defense Lawyer in Florida can be found by visiting BestFloridaLawOffices.com The attorneys at the Hawthorne Florida Law Teams are merely the most outstanding caliber legal team that can be located in Florida. Whenever you are in a sticky situation and could do with some assistance, everybody agrees that these Law Firm are the ones to have on your side. You will feel safer knowing that you own the legal strength and expertise of the Hawthorne…
 
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    Bauer Crider & Parry

  • Search Warrant Defense Lawyer in Tampa

    Brad Post
    17 Aug 2015 | 5:40 pm
    Search Warrant Defense Lawyer in Tampa FloridaDefense.Com  Podcast 9 Part 3 of When a Search Warrant is needed in Tampa Podcast 9 Brad: Alright, you’re listening to the FloridaDefense.com podcast hosted by The Bauer Crider & Parry Law Firm. We’re speaking to Criminal Defense Attorney, Mike Kenny. Good morning, Mike. Mike: Good morning. How are […] The post Search Warrant Defense Lawyer in Tampa appeared first on Bauer Crider & Parry.
  • Selling Alcohol to Minors in Florida

    David Parry
    16 Aug 2015 | 7:29 pm
    In the coming weeks over 900,000 students will commence matriculation at Florida’s 137 colleges. There is no question that alcohol is present and abundant at most colleges today, some legally purchased by those 21 and over, and some not. If you are a bartender, retail clerk, or food service employee, you are probably well aware […] The post Selling Alcohol to Minors in Florida appeared first on Bauer Crider & Parry.
  • Tampa Search Warrant Defense Attorney

    Brad Post
    15 Aug 2015 | 6:41 pm
    Tampa Search Warrant Defense Attorney Part 2 of When a Search Warrant is needed in Tampa Brad: Alright, you’re listening to the FloridaDefense.com podcast. We are speaking to Tampa Criminal Defense Attorney, Mike Kenny from the Bauer Crider & Parry Criminal Defense Law Firm. Mike, how are you doing? Mike: I’m doing very well. How […] The post Tampa Search Warrant Defense Attorney appeared first on Bauer Crider & Parry.
  • When is a search warrant required?

    Brad Post
    15 Aug 2015 | 11:56 am
    When is a search warrant required in Tampa, FL? Brad: Intro … Let’s jump into this this morning. We’re going to be talking about search warrants in the next few podcasts. So, the first question really is, “When is a search warrant required?” Michael Kenny: Ok, well that’s a really good question. You know, we […] The post When is a search warrant required? appeared first on Bauer Crider & Parry.
  • Seek Help from a Criminal Defense Attorney When You’re Stopped for DUI

    David Parry
    4 Aug 2015 | 3:03 am
    Realistically speaking, if you’ve had a few drinks before driving home, there’s no way that you won’t get stopped, arrested, and even convicted for drunk driving, no matter how conservatively you drive your vehicle. Once your vehicle is stopped because police officers had probable cause that you’ve been driving under the influence, what you say […] The post Seek Help from a Criminal Defense Attorney When You’re Stopped for DUI appeared first on Bauer Crider & Parry.
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    MacGregor & Collins, LLP Law Blog

  • Santa Ana Gang Member Receives Five Years for Attempted Murder

    Randy Collins
    28 Aug 2015 | 9:56 am
    The case involving a near fatal shooting of a rival gang member in the Santa Ana area of California in 2011 was brought to the fore once again as the 32-year-old shooter was sentenced to 5 years imprisonment. Bryant Philip Islas was sentenced on March 17th for attempted murder and terrorism, after he pleaded guilty to all charges. The 32-year-old has been remanded in custody since October, 2011. On November the 29th, 2012, a mistrial was declared when Islas was first brought to face the charges leveled against him. In the first case, the jury was deadlocked 8-4 in favor of the acquittal, and…
  • DUI Lawyer Cost Formula for Southern California Offenses

    Randy Collins
    27 Jul 2015 | 2:09 pm
    How much will you spend to hire an attorney to defend your DUI charge? The answer depends upon a number of factors. Cost versus benefit Why should you spend anything? Some people think it is less expensive to pay the fine than it is to hire an attorney who can help them avoid conviction. In reality, DUI convictions are more expensive than people realize. The best DUI tip for any DUI defendant is to hire an experienced attorney. A conviction for driving under the influence (DUI) in California carries costly penalties. Fines vary, depending upon whether this is your first or subsequent offense,…
  • Man Arrested for Auto Theft In Anaheim Following High-Speed Pursuit

    Randy Collins
    20 Jan 2015 | 12:22 pm
    Anaheim sees nearly 2,000 auto theft arrests annually, so it comes as no surprise to local residents when a nine minute car chase broke out close to home on Friday evening. Anaheim police pursued 24 year old Anaheim resident, Salvador Guillen, after spotting him driving an allegedly stolen car in the vicinity of Ball Road and Euclid Street at approximately 9 p.m. A chase ensued leading police further down Euclid Street and into Garden Grove. In Garden Grove Anaheim police initiated a failed attempt at stopping the stolen car and its driver. Fleeing the scene, Guillen raced back through his…
  • Orange County Teacher Arrested for Alleged Child Molestation

    Randy Collins
    11 Jan 2015 | 11:14 pm
    Fullerton Police arrested Christopher Millet, 36, on Wednesday after allegations that he sexually assaulted a young girl. Millet is a seventh grade science teacher at Valadez Middle School in Placentia. He is being charged on multiple offenses of sexual misconduct with a minor occurring between August and December within Fullerton city limits. Currently these allegations are indicating one victim was involved. To date, there is no substantial evidence indicating that there are any victims through Millet’s employment at the middle school. Authorities involved have confirmed that Millett was…
  • Costa Mesa Man Arrested For Selling Fraudulent Disneyland Tickets

    Randy Collins
    11 Jan 2015 | 10:59 pm
    At 11:15 am, on Tuesday, December 30, a 26 year old man named Jonathan Olsen was arrested in Costa Mesa, California, for selling fake tickets to Disneyland through social media. Unfortunately, in spite of all the restrictions and precautions that have been taken since the start of social networks that serve as a peer-to-peer market, such as Craigslist and eBay, there are still many who still end up being victims, unknowingly. Olsen was caught thanks to a woman who bought two tickets from him, which he had posted in Craigslist for $160, a great deal compared to the Disneyland price of $210 per…
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    IMC Law Group

  • 12 Things to Know About Your Home Mortgage

    lawadmin
    1 Sep 2015 | 7:33 am
    1. You can request detailed information about your home mortgage and your mortgage company HAS to give it to you. Check out the Consumer Financial Protection Bureau website. http://www.consumerfinance.gov/ 2. Are you paying additional principal on your mortgage every month in the hopes it is paying down the balance faster? Maybe you shouldn’t. Payments are applied in a waterfall: principal, escrow, fees, then the additional principal. Your mortgage company may be charging you extra fees you are not aware of. Then, your principal is not being paid down faster. The money is just going to…
  • Have you stopped making Mortgage Payments?

    lawadmin
    7 Jul 2015 | 9:34 am
    Mortgage Delinquencies are on the rise. Have you stopped making Mortgage Payments? May 2015 saw the largest month-over-month increase in delinquent residential mortgages for any May since 2009 and the largest month-over-month increase for any month since November 2014, according to Black Knight Financial Services’ May 2015 Mortgage Monitor released on Monday. Have you stopped paying your mortgage? If so, it is time that you learned about your rights. What mortgage modification programs do you qualify for? How long will it take to foreclose on your home? What is a deed-in-lieu of…
  • Forgiveness of Tax Debt In Bankruptcy

    lawadmin
    2 Jul 2015 | 4:39 pm
    Forgiveness of Tax Debt In Bankruptcy by: Jonathan Goldsmith Cohen Be sure to visit our Google Plus Page. Did you know that back taxes can be forgiven in a bankruptcy filing? It is absolutely terrific when you can qualify for forgiveness of IRS debt. We do the analysis to determine whether or not your taxes can be discharged in bankruptcy. If they can be discharged, taxes are completely forgiven in a Chapter 7 Bankruptcy or paid back in part based on your income and assets in a Chapter 13 Bankruptcy. Keep in mind that only “unsecured” tax debts can be discharged. In order for a tax lien…
  • Glossary of Student Loan Terms

    lawadmin
    15 Jun 2015 | 10:14 am
    Below is a Glossary of Student Loan Terms. Please have a read. If you have any Student Loan questions please Contact the I. Mark Cohen Law Group via our Contact Page or by calling 732-741-9500. Account A grouping of one or more Direct loans distributed by the U.S. Department of Education. Borrowers can have one or more accounts. Each account has a unique number assigned to identify it. The format of an account number is your Social Security Number (SSN) plus a one-digit identifier added to the end (e.g. 123-45-6789-1), if you receive a notice that affects all of your possible accounts, the…
  • Wholly Unsecured Second Mortgages in Chapter 13 Bankruptcies

    lawadmin
    1 Jun 2015 | 10:01 am
    BREAKING NEWS: You may not be able to strip-off Wholly Unsecured Second Mortgages in Chapter 13 Bankruptcies for much longer.. by: Jonathan Goldsmith Cohen Be sure to visit our Google Plus Page. Presently, if you owe more on your first mortgage than your home is worth, you can strip-off your second mortgage in a Chapter 13 bankruptcy. The Bank’s junior mortgage liens are thus wholly underwater: because the home is worth less than the amount owed on the senior mortgage, the Bank would receive nothing. When the Chapter 13 is discharged, your second mortgage is treated like general unsecured…
 
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    SEC Lawyers Blog

  • Sonn|Erez Investigating Claims Involving Former LPL Financial Broker Julius Kenney

    4 Sep 2015 | 6:11 am
    Sonn|Erez is investigating claims regarding Julius Franklin Kenney IV (CRD #5500248, Calhoun, Georgia). Kenney recently submitted an Acceptance, Waiver & Consent ("AWC") in which he was barred from association with any FINRA member in any capacity. See FINRA Case #2015045450601. Kenney was associated with LPL Financial, LLC, from September 2013 until his termination in June 2015. Kenney previously was associated with Dempsey Lord Smith, LLC (July 2012 to September 2013), LPL Financial (March 2011 to July 2012), and Edward Jones (April 2008 to March 2011). The Form U-5 filed by LPL Financial…
  • Sonn|Erez Investigating Claims Involving Michael J. Howard

    2 Sep 2015 | 5:47 am
    Sonn|Erez is investigating claims regarding Michael John Howard (CRD #2966446, Frankfort, Illinois). Howard recently submitted an Acceptance, Waiver & Consent ("AWC") in which he was assessed a deferred fine of $15,000 and suspended from association with any FINRA member in any capacity for five months. See FINRA Case #2014040039001. The suspension is in effect from July 6, 2015 to December 5, 2015. Howard was associated with Wayne Hummer Investments, LLC, from September 2009 until his termination in January 2014. The Form U-5 filed by Wayne Hummer Investments terminate Howard's registration…
  • Sonn|Erez Investigating Claims Involving Justin Amaral

    31 Aug 2015 | 5:09 am
    Sonn|Erez is investigating claims regarding Justin Amaral (CRD #4440980, Boston, Massachusetts). Amaral recently submitted an Acceptance, Waiver & Consent ("AWC") in which he was barred from association with any FINRA member in any capacity. See FINRA Case #2014041397201. Amaral was associated with Morgan Stanley from June 2009 until May 2014. The Form U-5 filed by Morgan Stanley to terminate Amaral's registration with the firm states that Amaral voluntarily resigned and "the allegations related to, among other issues, the employee's status as an executor and beneficiary in a client's estate…
  • Sonn|Erez Investigating Claims Involving Former Morgan Stanley Broker Ronald Cohen

    27 Aug 2015 | 4:14 pm
    Sonn|Erez is investigating claims regarding Ronald Seth Cohen (CRD #2419431, Boca Raton, Florida). Cohen recently submitted an Acceptance, Waiver & Consent ("AWC") in which he was assessed a deferred fine of $10,000 and suspended from association with any FINRA member in any capacity for four months. See FINRA Case #2014042790701. The suspension is in effect from July 6, 2015, through November 5, 2015. Cohen was associated with Morgan Stanley from June 2009 until August 2014 when he voluntarily resigned while under internal review by the firm. FINRA found that Cohen engaged in three outside…
  • Sonn|Erez Investigating Claims Involving Mark Andrew Bullivant

    26 Aug 2015 | 4:08 pm
    Sonn|Erez is investigating claims regarding Mark Andrew Bullivant (CRD #4444874, Fort Myers, Florida). Bullivant recently submitted an Acceptance, Waiver & Consent ("AWC") in which he was barred from association with any FINRA member in any capacity. See FINRA Case #2013039617201. Bullivant previously was associated with Raymond James & Associates, Inc., (April 2012 to December 2013) and Ameriprise Financial Services, Inc. (October 2009 to April 2012) in Fort Myers, Florida. Bullivant consented to the sanction and to the entry of findings that he refused to appear for FINRA-requested…
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    Broward Injury Lawyer Blog

  • Labor Day Drunk Driving in Florida Costs Lives

    4 Sep 2015 | 5:10 am
    The Labor Day weekend is a time to honor the nation's workers. It's also unfortunately for some an excuse to drink and drive in Florida. The National Highway Traffic Safety Administration (NHTSA) reports that during the 2013 Labor Day holiday, which runs the course of the long weekend, almost half of those ages 18 to 34 killed in traffic accidents were in crashes that involved a drunk driver. Further, just in 2013, more than 200 children younger 14 in the U.S. died in drunk driving crashes over the long weekend. Even drunk drivers themselves aren't safe. Between 2009 and 2013, more than 500…
  • Study: Bicycle Injuries, Deaths Increase With Ridership

    2 Sep 2015 | 5:04 am
    Bicycle ridership is increasingly touted as a cheap, easy, environmentally-friendly way to burn calories and get to your destination. There is ample evidence to suggest bicycle ridership has increased in Florida and nationally over the last several years. This is good for our air quality and overall health. But there are some downsides to it as well, most notably being the dramatic rise in the number of bicyclist injuries and deaths. Recently, the Journal of the American Medical Association (JAMA) published a study analyzing the number of bicycle trauma injuries and hospital admissions in the…
  • Father of Teen Killed in DUI Crash Sues Girl's Friends, Parents

    30 Aug 2015 | 1:52 pm
    The tragic death of a 17-year-old in Connecticut has affected many lives forever, including those of her parents and also her peers, who allegedly allowed her to get behind the wheel with a blood-alcohol concentration of 0.27 - more than three times the legal limit for someone over the age of 21. It's 13 times the legal limit of 0.02 for a driver under the age of 21. The girl had been drinking at a party prior to the crash. Four teenage boys got into the vehicle she had borrowed from her parents. She didn't drive initially, one of those 16-year-old boys did. He dropped off one of the other…
  • Report: Hit-and-Run Crashes Spike in South Florida

    26 Aug 2015 | 1:44 pm
    Authorities in Plantation have launched an extensive investigation into the death of a 31-year-old Davie man who was struck and killed by a hit-and-run driver. The man was driving when he crashed at an intersection of South Pine Island Road. For unknown reasons, the truck veered off the road and struck a utility pole. His 37-year-old passenger was ejected from the vehicle in that initial impact and later pronounced dead at the scene. But the driver managed to crawl out of his truck. As he did so, he was struck by a passing vehicle. The other driver failed to stop. Victim was rushed to a…
  • Expert Opines Park Partially to Blame in Roller Coaster Death

    22 Aug 2015 | 4:58 am
    Recently, a fifth-grade teacher was killed at an Ohio amusement park after he entered a restricted area to retrieve his cell phone, which had fallen from his pocket while riding a roller coaster. In the wake of the accident, many were sharply critical of the victim, saying he should not have been in the restricted area and the blame for his death is his own. While it may be true victim shares some portion of the liability for his own death by entering an area that was restricted, an expert in human factors and ergonomics recently opined to a local newspaper that this tragedy could have almost…
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    Chicago Immigration Lawyer Blog

  • “Anchor Baby” Discussion is a Distraction

    Shelley Kalita
    2 Sep 2015 | 12:21 pm
    The term “anchor baby” has been in the news a lot recently. A lot of people are unfamiliar with the term and the fact that it is generally considered a derogatory word. Unfortunately, one again, there is a lot of misinformation being thrown around about the term. Hopefully this blog clears some of that up. What does it mean? The term anchor baby has been around for years. In fact, one of my first blogs was about this very subject. Anchor babies, as defined by the American Heritage dictionary, is an offensive term used despairingly to describe “a child born to a noncitizen mother in a…
  • Snapshot of Immigration Statistics in the United States

    Shelley Kalita
    19 Aug 2015 | 5:03 am
    Since the start of the 2016 presidential campaign, particularly since Donald Trump became a candidate, a lot of attention has been paid to immigration policy in the United States. Because presidential campaigns can sometimes (most of the time) use statistics and figures in an interesting fashion, we thought we should provide some information about immigration in the United States, particularly when it comes to undocumented immigrants. According to the U.S. Census Bureau, the foreign born population in the United States is around 40 million, or 13% of the entire U.S. population. Over 17…
  • What Are So-Called “Sanctuary Cities”?

    Shelley Kalita
    12 Aug 2015 | 7:19 am
    “Sanctuary cities” have gotten a lot of attention in the media these past few months. Not many people know much about them. So let’s take a moment to figure out what these cities actually are. CNN points out that there is no actual legal definition for a sanctuary city, but it is generally agreed that any city or locality that takes measures, official or unofficial, to limit or not comply with federal immigration law enforcement would be considered a sanctuary city. The number of such cities that exists is unclear but the Washington Posts reported that at least 60 of the…
  • Middle Eastern Christians and Asylum in the United States

    Shelley Kalita
    5 Aug 2015 | 6:43 am
    Christians have lived in the Middle East for thousands of years. Tensions have always flared from time to time between Christians and other religions in the region; however, since the rise of the Islamic State, Christians in the Middle East have faced increased persecution and have been forced to flee their homes. “Some of the oldest Christian communities in the world are disappearing in the very lands where their faith was born and first took root,” says a Center for American Progress. The Pew Research Center estimates that only 1% of the Middle East’s total population is…
  • DHS Introduces Rule to Expand Provisional Waivers

    Shelley Kalita
    30 Jul 2015 | 6:18 am
    The Department of Homeland Security introduced a rule last week that would expand access to the I-601a waiver to all statutorily eligible individuals. Currently, DHS only allows immediate relatives of a United States citizen to apply for the I-601A waiver of the 3 or 10-year bars for remittance to the United States. DHS limited the waiver to this subset of individuals to prioritize family members impacted by the bars. In an effort to expand the provisional waiver to all statutorily eligible individuals, the Department has now introduced a rule to make the expansion a reality. Under the…
 
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    South Florida Criminal Law Blog

  • Can Consent to Search Be Involuntary in Florida? - State v. Hall

    12 Aug 2015 | 9:46 am
    Generally, police must have a warrant to conduct a search, unless the search falls under a constitutional exception to the warrant requirement. One such exception is voluntary consent. In the recent case of Thompson v. State, the issue was whether consent to search had been given, but often the issue is whether consent was given voluntarily. The Third District recently considered whether a trial judge erred in finding that consent had not been voluntarily given, even though the police had not been rude or aggressive, in the case of State v. Hall. The police in Hall were on a "be on the…
  • When Florida Police and Defendant Disagree on Consent to Search - Thompson v. State

    27 Jul 2015 | 8:24 am
    Criminal cases, particularly drug cases, often turn on rulings on the admissibility of evidence. Searches and confessions are both commonly challenged. The Second District recently considered the admissibility of both in the case of Thompson v. State. Officers arrived at the defendant's sister's home after tracing evidence from a burglary scene to that address. The parties presented contradictory evidence regarding what happened next. The officers said the defendant's sister invited them in, but the sister denied doing so and said that they pushed her aside. She stated that she just said…
  • Discriminatory Jury Selection - Guevara v. State

    17 Jun 2015 | 10:28 am
    Although jurors and the parties to a case are entitled to a discrimination-free juror selection process in Florida, an attorney in some cases may believe that a particular group may be more sympathetic to the other side. When an attorney uses peremptory challenges to exclude jurors of a particular race, ethnicity, or gender, that attorney violates the Equal Protection Clause, improperly denies the jurors their right to serve as jurors, and denies the litigants their right to an impartial jury. Initially, courts applied the Equal Protection Clause of the U.S. Constitution to prohibit the use…
  • Race, Schools and Backpack Searches - R.M. v. State

    24 Mar 2014 | 7:23 am
    If you read this blog regularly, you know that we spend a fair amount of time in this space discussing the law as it applies to searches and seizures, whether it's at a home, in a car or on the street. As Florida's Third District Court of Appeals explains in R.M. v. State, the rules surrounding these issues change when the search takes places at a school. R.M., a minor, was determined delinquent after an incident in which he was found carrying a gun on the campus of his Dade County school. According to the Court, a young student at the school told an administrator that he'd seen three older…
  • Florida Drug Conspiracy Law 101 - Hampton v. State

    17 Mar 2014 | 9:55 am
    "Conspiracy" is one of those legal terms that's often thrown around and of which many people are at lease vaguely aware, but relatively few actually understand. Generally, the law defines a conspiracy as an agreement between two or more persons to commit a criminal act. In Hampton v State, the state's Fifth District Court of Appeals explains the basic requirements of a conspiracy charge as they apply to alleged drug trafficking. Mr. Hampton was charged with conspiracy to traffic in cocaine after a police officer in Sanford learned that he was operating as a low-level drug dealer in the area.
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    South Florida Car Accident Law Blog

  • Florida Offers of Judgment - Audiffred v. Arnold

    26 Aug 2015 | 9:12 am
    Florida law allows the parties in civil litigation to make an "offer of judgment," which is a proposal to settle the case presented to the other party. If the plaintiff makes such an offer, the defendant has 30 days to accept. If the defendant rejects or fails to accept the offer within that time frame, the plaintiff may recover reasonable costs and attorney's fees if the judgment is at least 25% greater than the offer. Section 768.79, Florida Statutes, sets forth the requirements of the offer. Such offers must be in writing and indicate they are being made under the statute. They must name…
  • Limitations on Owner's Liability in Florida Car Accident - Santos v. Brink

    7 Jul 2015 | 10:34 am
    When a person is seriously injured in an automobile accident, the driver's insurance policy is often insufficient to compensate the victim for his or her injuries. It is therefore important that an accident victim look to all possible sources of recovery. In Florida, a vehicle owner who lends his or her vehicle to someone else is subject to liability as the owner of the vehicle. The owner's liability is limited, but owner liability is greater when the driver is uninsured or has less than $500,000 policy limits. The Fifth District recently considered whether the final judgment against a…
  • Wife May Reject Florida UM Coverage as Agent of Husband - Progressive American Insurance Co. v. Grossi

    24 Jun 2015 | 8:04 am
    Under Florida law, an automobile insurance company that provides liability coverage must also provide uninsured motorist coverage, unless the insured rejects the uninsured motorist coverage in writing. Section 627.727, Florida Statutes. Uninsured motorist coverage is insurance that covers damages caused by a driver who does not have insurance. For purposes of uninsured motorist coverage, Section 627.727 defines "uninsured vehicle" to include a vehicle with policy limits that are less than the total damages, after the liability insurer has provided the bodily injury policy limits. Thus,…
  • Florida Court Takes on Insurer's Stalling Tactics in Uninsured Motorist Case - Safeco Insurance Company v. Rader

    26 Mar 2014 | 9:37 am
    Despite what they may tell you, auto insurance companies don't always have your best interests in mind. In fact, many will go to great lengths to try to avoid or limit claims that are perfectly reasonable and clearly covered under the applicable policy. That includes clogging up the legal process with a wide variety of stalling tactics, technical disputes and appeals. In Safeco Insurance Company v. Rader, Florida's First District Court of Appeals takes a look at one insurer's attempt to limit liability by trying to force an insured driver to file claims for uninsured motorist (UM) benefits…
  • Court OKs Florida Car Accident Claim against Auto Lender - Walters v. Flag Credit Union

    19 Mar 2014 | 8:33 am
    In Florida car accident cases, much of the finger pointing is inevitably directed at the drivers involved. But there is a wide range of third parties who may also be liable in the event of a crash, including passengers, auto manufacturers and insurance companies. Liability may even extend to a car finance company, as the U.S. District Court for the Northern District of Florida recently noted in Walters v. Flag Credit Union. The case stemmed from a Florida car accident in which Mr. Walters' vehicle was totaled. Walters had purchased the vehicle with a loan from Flag Credit Union. He also…
 
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    Marketing Attorney Blog

  • LPT -- Big Law Looks to Differentiate and Innovate

    28 Aug 2015 | 3:38 pm
    Leaders of many of the nation's biggest and baddest law firms converged in New York City recently to discuss the rapidly changing legal landscape and how to adjust not only to survive, but thrive. The oft-repeated themes of innovation, differentiation and collaboration ruled the day. My article in the August 2015 issue of Law Practice Today (LPT) serves as a recap of the full day inaugural Big Law Summit, put on by Bloomberg BNA. A who's who of managing partners, in-house counsel and various industry experts discussed a wide range of issues ranging from innovating in a risk averse environment…
  • PBI Marketing Ethics CLEs in August--Live in Atlantic City, Philadelphia, Pittsburgh and Mechanicsburg

    7 Aug 2015 | 10:00 am
    If it is August (another Pennsylvania bar CLE compliance month), then it must be time for another round of ethics CLEs for the PA Bar Institute (PBI). This month, besides my usual PBI ethics potpourri program hour (presented every April, August and December), you can catch me at the Jersey shore too, reprising "Linkedout and Mistweeted - Ethical Uses of Social Networking in Marketing Your Law Practice," a hit program from 2014 (updated!). "Law Marketing and Ethics 2015 Update: Balancing Smart Business Development, Adhering to the Rules," will be presented in Mechanicsburg on August 20th,…
  • Law Firms Online -- Rebranding and Client Tracking

    27 Jul 2015 | 9:06 pm
    July has been a busy month for me in chatting with legal reporters about the law firm world online in 2015, starting with Gina Passarella's piece for The Legal Intelligencer on Morgan Lewis' controversial rebrand. Little did she know when our conversation started that I was involved in Morgan Lewis' first website, some 18 years ago or so and in the firms' shift from mlb.com to morganlewis.com shortly thereafter. A few weeks later, her American Lawyer Media colleague Lizzy McLellan followed up with Online Rebranding 'Not Just for the Big Guys' in which we discussed rebranding issues impacting…
  • LP Magazine - The True Value of Your Published Work

    8 Jul 2015 | 8:04 am
    You could also call my column in the July/August 2015 issue of the ABA's Law Practice magazine, "101 Uses for an Article," but in The True Value of Your Published Work, I discuss how sitting down to write one article can pay dividends in so many ways. The key is not to think about the time spent as writing one article for one publication, but more as writing one thing that will be repurposed in so many ways. This very blog post you are reading is yet another use of one article. Perhaps you reached this blog post through one of my social media feeds. Or maybe I handed you this very column…
  • Morgan Lewis Took Risks in Its Rebranding

    7 Jul 2015 | 5:41 pm
    In ALM's The Legal Intelligencer, reporter Gina Passarella writes on Morgan Lewis Took Risks in Its Rebranding. She spoke with me about the effectiveness and controversial aspects of the mega firms' new look, which included a new website among the various rebranding efforts. Passarella points out that with a new chairwoman and two mergers, the firm is undergoing change. The article also mentions that the rebranding initiatives, led by the firm's marketer, Despina Kartson, started prior to the Bingham McCutchen and Stamford LLC mergers. While the article states that the firm's goal was to…
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    Dallas Divorce Law Blog

  • Custody by jury – ONLY in Texas

    Michelle O&#039;Neil
    17 Aug 2015 | 6:04 am
    Many things make Texas unique. But one thing stands out for family law attorneys and litigants – the right to have a jury decide custody of your children. Texas is the ONLY state in the US to allow custody jury trials. Eleven states allow juries in for some aspect of divorce litigation (Colorado, Georgia, Illinois, Louisiana, Maine, Nevada, New York, North Carolina, Tennessee, Texas and Wisconsin), mostly on the grounds or entitlement for divorce only. See Case Law Development: Jury Trial in Divorce Actions. That being said, very few parents ask for a jury trial, making them a very rare…
  • Custody Orders — Planning for the Future

    Michelle O&#039;Neil
    14 Aug 2015 | 8:30 am
    Children grow and change over time, as do parents. People not only get older, but change jobs, remarry, divorce, sell houses, buy houses, have problems, and successes. Change is inevitable…. right? But, how does change effect children and custody orders? The Texas Family Code allows custody orders to be modified until the child turns 18. All orders regarding children are subject to change until the kids grow up. But, not just any change is enough. The standard set in the law requires a “material and substantial” change of the children or the parents. See Texas Family Code…
  • Texas divorce case law update: grounds for divorce must be proven

    Michelle O&#039;Neil
    21 Jul 2015 | 6:00 am
    This case law update focuses on Alvarez v. Alvarez, an April 2015 case out of the San Antonio Court of Appeals. Husband filed for divorce on the no-fault grounds of insupportability. Wife answered but failed to appear at the final trial setting. At the default prove-up, Husband failed to state grounds for divorce. Generally, he would say “The marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marriage relationship. And, there is no reasonable expectation of reconciliation.” (Or, his lawyer would ask him a question along…
  • Case law update: international divorce precludes subsequent divorce in America

    Michelle O&#039;Neil
    14 Jul 2015 | 6:00 am
    This case law update focuses on the Ashfaq v. Ashfaq case out of Houston’s 1st District Court of Appeals. The question involved whether a divorce previously granted under the laws of Pakistan was effective to preclude a later-filed divorce in Texas. Husband and Wife were married in Pakistan and lived there a short while until Husband returned to Texas. Wife remained in Pakistan for 2 years before she was granted a visa and was able to join Husband in Texas. Less than a year later, the couple returned to visit Pakistan and Husband had Wife’s parents take her to their home. Husband…
  • Changing the legal definition of marriage

    Michelle O&#039;Neil
    7 Jul 2015 | 6:00 am
    Recent events have forced Texas and other states to change how the law looks at marriage. There is a lot of debate among Americans as to the relation between the legal definition of marriage and the religious definition of marriage. The U.S. Supreme Court’s decision in Obergefell changes nothing about the definition of marriage that religious institutions decide applies within their organizations. The decision does change the application of the government’s definition of marriage. In some European and Latin American countries, the civil ceremony and religious ceremony must be held…
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    Massachusetts Drug Injury Lawyers Blog

  • Are Testosterone Replacement Treatments Safe?

    Altman &#38; Altman
    1 Sep 2015 | 9:19 am
    Low testosterone therapy has been increasingly prescribed in recent years, resulting in billions of dollars of contributions to the pharmaceutical industry. This type of hormone treatment is typically used in men with low testosterone levels who suffer from decreased libido, low energy, lack of motivation, depression, and irritability. However, recent studies show that potentially dangerous consequences may arise as a result of low testosterone therapies, which include gels, patches, injections, and implants. Over 2,000 lawsuits have been filed against numerous drug companies manufacturing…
  • Xarelto Reported Side Effects Of Brain Bleeds And Strokes And Even Death Has Lead To Lawsuits

    Altman &#38; Altman
    7 Aug 2015 | 9:06 am
    The blood thinner Xarelto was introduced in 2011 by Janssen Pharmaceuticals, a subsidiary of Johnson & Johnson, and Bayer Health Care. The prescribed medication is used by millions of Americans nationwide as a way to reduce the risk of stroke. Xarelto may also be prescribed to reduce the risk of deep vein thrombosis, pulmonary embolism, and other blood clot related injuries. Xarelto was originally approved by the Food and Drug Administration (FDA) to be used for patients who have had hip or knee replacement surgery and were therefore at a higher risk of developing blood clots. The FDA…
  • Zofran Side Effects Linked To Numerous Birth Defects

    Altman &#38; Altman
    30 Jul 2015 | 11:42 am
    Zofran, which could be more commonly known by its generic name ondansetron, may potentially cause birth defects in babies when their mothers are on the prescription drug during pregnancy. GlaxoSmithKline, the pharmaceutical company from London, England that manufactures Zofran, insists that their drug does not pose an immediate threat to unborn children. Those who have taken Zofran while pregnant are telling a different story. A couple from Illinois filed a lawsuit indicating that while the woman was pregnant with their child, she was prescribed Zofran by her doctor as a way to treat nausea…
  • The Risks of Testosterone Replacement Therapy (TRT)

    Altman &#38; Altman
    8 Jul 2015 | 9:28 am
      In recent years, the effects of testosterone replacement therapy (TRT) have been widely debated. Since the early 2000’s, TRT has been used to treat men, generally over 40 years of age, who produce low levels of testosterone. It has become extremely popular as an all-encompassing antidote for symptoms including low energy and low libido. While TRT seems to be a cure-all that promotes bone-health and aids in diabetes prevention, skeptics are challenging its safety. A recent study reveals that TRT use may pose an increased risk for cardiovascular disease in men over 65 and younger men…
  • Risperdal Use May Result in Male Breast Development

    Altman &#38; Altman
    2 Jul 2015 | 10:01 am
    Risperdal is an atypical antipsychotic drug that is used to treat various disorders, including autism, schizophrenia, and bipolar disorder. Manufactured by Johnson & Johnson, Risperdal has been linked to breast development in young boys, a condition known as gynecomastia. Recently, a former sales manager for Johnson & Johnson reported that the pharmaceutical giant didn’t wait for FDA approval before marketing the drug for use in children. The Link Between Risperdal and Gynecomastia Some experts believe that Risperdal increases levels of a hormone called prolactin, which is…
 
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    New York Real Estate Lawyers Blog

  • Happy Labor Day from Weiss & Weiss

    4 Sep 2015 | 6:00 am
  • Is the House Still for Sale?

    20 Aug 2015 | 6:39 am
    As we enter the last days of summer, this author can't help but notice that some houses for sale seem to have languished on the market for months unsold. This post will address the practical and legal ramifications of unsold houses. Because "For Sale" signs from real estate agents cannot be posted on cooperative or condominium apartments, requiring potential purchasers to search real estate listings online or in the newspaper, this post will address houses only. In the suburbs surrounding New York City, most house sales occur with the school calendar in mind. For instance, a seller usually…
  • Stock Transfers After Death

    13 Aug 2015 | 9:04 am
    It is not unusual for the estate of a deceased person to hold stock as an asset. Stock can take the form of shares held in a publically traded company, such as Target, or shares in a cooperative corporation. Clients often ask us how such shares can be transferred after a person passes away. This post will answer the question. First, it needs to be determined whether the person had a Will. If there was a Will, there may have been a specific bequest of the stock. This takes the form as follows: "I give all shares that I may hold at the time of my death in Target to my daughter." If the stock is…
  • Breaking Up is Hard to Do- The End of a Real Estate Transaction in New York

    23 Jul 2015 | 6:22 am
    Real estate transactions can "break up" prior to closing for a variety of reasons. The purchaser may receive a refund of his downpayment depending upon the circumstances. This post will address the legal issues associated with a deal breaking up. Most contracts of sale contain a mortgage contingency clause. Such a provision provides that if the purchaser applies in good faith for the loan and supplies all information reasonably requested by the lender within the timeframe required by the contract, but is declined for the loan for any reason, the downpayment will be refunded to the purchaser.
  • Evictions and Warrants of Eviction in New York State

    16 Jul 2015 | 8:09 am
    Many of our clients are landlords who own only one property, such as a single or multi-family house or an apartment. Although they may be renting to a tenant, it is not their primary business or livelihood. As such, our firm is often asked to assist in removing a tenant due to a default under the lease, or due to the expiration of the lease in question. As discussed in a prior blog post, a Court proceeding is necessary in order to gain legal authority to evict a tenant. The legal document allowing an eviction to occur is known as a warrant or warrant of eviction. It is similar to a judgment,…
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    IRSMedic, the law office of Parent, Parent & Wynn

  • 6 Myths about the Offer in Compromise

    Anthony Parent
    3 Sep 2015 | 8:44 am
    From the Tax Attorneys at Parent, Parent & Wynn, IRSMedic, specializing in FBAR, OVDP, tax debt settlement, high income audits and payroll tax problems. The IRS Offer in Compromise Program has helped tens of thousands US taxpayer get out from under crippling tax debt. But thanks to misinformation on late night TV, the internet, and even the IRS, some Offer in Compromise myths tend to permeate a bit. In this article, we will talk about the biggest myths we run into on a daily basis. 1) Offer in Compromise Program is a scam Not true. While there are certainly scammy tax resolution companies…
  • The Bank Secrecy Act must go Part II: the ridiculous Form 8300 loophole

    Anthony Parent
    1 Sep 2015 | 7:45 am
    From the Tax Attorneys at Parent, Parent & Wynn, IRSMedic, specializing in FBAR, OVDP, tax debt settlement, high income audits and payroll tax problems. Earlier this spring, I had the pleasure of reading a law review article by Professor Jack Manhire at Texas A&M Law,  What Does Voluntary Tax Compliance Mean? This article was breath of fresh air as it remarked how the meaning of  “voluntary” for the tax code does not follow what normal people think voluntary means, and being forced to say the tax code is “voluntary” when it is clearly not has agitated me for…
  • Saving a defaulted Offer in Compromise with Plan D

    Anthony Parent
    1 Sep 2015 | 6:53 am
    From the Tax Attorneys at Parent, Parent & Wynn, IRSMedic, specializing in FBAR, OVDP, tax debt settlement, high income audits and payroll tax problems. This is an old success story, from way back when. But I like it, as it shows that if Plan A falls apart, and Plan B and C won’t work, you just might have Plan D — you keep going until you have found something that works. In 2003 (a year before I started my law firm), “Frank,” a freelance yearbook salesman, owed the IRS $130,000 in unpaid income taxes for tax years 1996-2000. He was able to successfully negotiate an…
  • H&R Block looks to complicate tax returns

    Robert Lyon
    26 Aug 2015 | 1:40 pm
    From the Tax Attorneys at Parent, Parent & Wynn, IRSMedic, specializing in FBAR, OVDP, tax debt settlement, high income audits and payroll tax problems. Here at IRSMedic, we often say how ridiculously complicated the tax code is — and it’s only getting more difficult. Incredibly difficult. An incredibly difficult, non-delegable duty (unless you are mentally incompetent and/or dead). A taxpayer, regardless of who prepared the return, is responsible. And we’ve written before on how H&R Block attempts to prepare tax returns with foreign income it has little business…
  • FinCEN claims “Investment adviser” means “Financial Institutions”

    Anthony Parent
    26 Aug 2015 | 11:14 am
    From the Tax Attorneys at Parent, Parent & Wynn, IRSMedic, specializing in FBAR, OVDP, tax debt settlement, high income audits and payroll tax problems. The Financial Crimes Enforcement Network (FinCEN) is the part of the US Treasury tasked with administering the FBAR Form (except they actually don’t and assigned most administrative tasks to the IRS), and can’t get the Bank Secrecy Act changed to require investment advisers to establish anti-money laundering (AML) programs. So what is poor FinCEN to do? Simple define “investment adviser” to be “a financial…
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    Wisconsin Probate & Estate Planning Blog

  • Where is the Best Place to Store Your Original Estate Planning Documents?

    Krause Donovan Estate Law Partners
    28 Aug 2015 | 12:58 pm
    Where is the Best Place to Store Your Original Estate Planning Documents? After you meet with your attorney to sign your estate planning documents, you need to secure the original documents for safekeeping. In order for your representatives to act on your behalf, they need access to these original documents upon your death or incapacitation. There are several ways that you can store estate planning documents to keep them safe and secure. Should you store your original estate planning documents in your safe deposit box? This seems to be the perfect place to store original estate planning…
  • The Fight Over Robin Williams’ Estate Continues

    Krause Donovan Estate Law Partners
    17 Aug 2015 | 6:09 am
    It has been a bit over a year since the tragic death of actor and comedian Robin Williams; however, the family has yet to settle their battle over his estate. Williams took his life in August of 2014 in his California home. The actor had a Will but his kids from a previous marriage and his current wife have been battling for a year over some of the terms contained in the Will. Williams’ wife, Susan, petitioned the court to prevent his children from taking possession of the contents of their San Francisco Bay home. She claimed the items in the home should be excluded from the estate.
  • Estate Planning for Baby Boomers

    Krause Donovan Estate Law Partners
    8 Aug 2015 | 5:55 am
    Estate Planning for Baby Boomers According to financial planners interviewed for an article in USA Today, Baby Boomers are neglecting or simply ignoring the importance of estate planning. They are more focused on their retirement and focused on whether they will have sufficient income to provide for their needs and to do what they want during retirement. Ignoring the need to have an estate plan is not just a problem for Baby Boomers — no one really wants to think about their own death. People tend to put off estate planning because they think, “I will do that later.” Unfortunately for…
  • Long-Term Care Planning, Part 2

    Krause Donovan Estate Law Partners
    30 Jul 2015 | 12:13 pm
    Your Funding Options The first part of planning for long-term care is realizing that, a) most of us will need this kind of care for at least some time before we die and b) the cost of this care can be financially devastating for a family if it is not planned for in advance. This was covered in Long-Term Care Planning, Part 1. The next part is determining how you will pay for long-term care that may be needed for you, your spouse or another family member. The Key Takeaways Long-term care is not covered by health insurance, disability insurance or Medicare. You have limited options when…
  • Long-Term Care Planning, Part 1

    Krause Donovan Estate Law Partners
    19 Jul 2015 | 12:00 pm
    A Central Requirement Health care has been the topic of discussion lately, but the greatest threat to your financial health is long-term care. This is the kind of care you need if you are not able to perform normal daily activities (such as eating, dressing, bathing and toileting) without help, and it is expected that you will need this help for an extended period of time, often for the rest of your life. Long-term care is often needed due to aging, chronic illness or injury, and with people living longer, most of us will need it for at least some time before we die. But it is not just for…
 
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    Tennessee Divorce Lawyer Blog

  • How Close is Too Close: Enmeshment in Family Law

    28 Aug 2015 | 3:59 pm
    A close, tight knit relationship with a parent is always the best thing for children, right? This is what conventional wisdom has long told us. Is there a point where that closeness becomes an issue? This is a phenomenon psychologists refer to as enmeshment and the effects can be extremely detrimental to other family members.
  • T.C.A. § 36-6-106(a)(8) Creates Uncertainty For Parents and Their Psychotherapists

    2 Jan 2015 | 6:45 pm
    In 2013, Senator Mae Beavers (R - Mt. Juilet) explained on the floor of the Senate her reasoning behind S.B. 0028, a bill that purported to amend various sections of the T.C.A. relative to consideration of mental health care records of a parent in child custody cases. Senator Beavers explained that she had a friend who had a sister-in-law going through a custody case. The woman had presented herself at Vanderbilt University Hospital with a tube of toothpaste, and requested that they inspect it for poison. When they refused, the woman declared that her husband was trying to poison her, accused…
  • In re Lyric J.: Will Tennessee Supreme Court Weigh In On The Rights of Putative Biological Fathers?

    28 Dec 2014 | 12:13 pm
    The American legal system views the relationship between parent and child as sacrosanct, only to be severed through a knowing, voluntary relinquishment by the parent or through a formal court proceeding known as a termination of parental rights (TPR). TPR fundamentally affects the relationship between parent and child. In effect, TPR is a death sentence for the parent-child relationship.
  • The "Maximum Participation Possible" Provision in T.C.A. § 36-6-106(a): a Step Toward Equal and Fair Parenting Time Or Simply a Politically Correct Policy Statement?

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

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

  • California Court Erred by Exceeding Spouse's Request for Relief in Divorce-Related Action

    1 Sep 2015 | 9:04 am
    One way to reduce the length of a divorce proceeding is for the parties to resolve most of the significant issues through a marital settlement agreement. While this may not always be feasible, spouses will benefit from having a certain amount of control over the fate of the process. Of course, a judge will have to sign off on any resulting agreement. In some cases, however, one party or the other may seek to challenge, clarify, or enforce the settlement agreement in the future. To ensure that your marital settlement agreement complies with local applicable law and will stand up in court, you…
  • California Court Overturns Divorce Settlement Due to Coercion

    25 Aug 2015 | 1:10 pm
    Many different factors can affect the length and cost of a divorce proceeding, not the least of which concerns the parties' ability to negotiate and interact with each other in a civil and amiable manner. Spouses who are able to work together to reach an agreement on the main issues, such as the division of property, spousal support, and other financial matters, will certainly achieve a more efficient settlement than parties who are contentious and unable to set aside their differences during this trying time. Many divorcing parties seek the assistance of a local family law attorney, someone…
  • California Court Upholds Termination of Child Support by "Operation of Law"

    18 Aug 2015 | 1:06 pm
    Parents who decide to divorce or separate must address a host of difficult issues, both financial and emotional. Among the most contentious is child support. Fortunately, there are state guidelines that assist the parties in calculating an appropriate amount of monthly financial support for the particular family. If parents do not agree on the amount, a judge will determine the child support payment based on the guideline calculation. Despite these legally prescribed guidelines, parents and ex-spouses often dispute any number of issues related to support. In order to limit or hopefully…
  • California Court Reviews Modification of Child Custody Default Judgment

    11 Aug 2015 | 9:53 am
    Laws governing marriage and divorce vary from state to state. In California, if one spouse decides to file for divorce, the court has the power to end the marriage, even if the other spouse does not agree or want to get divorced. Accordingly, the party served with divorce papers may respond in several ways: 1) by doing nothing or failing to respond, which is considered a "true default" and means that the spouse filing the petition will get everything he or she is asking for; 2) by doing nothing, but with an agreement setting forth the terms of the divorce; 3) filing a response and reaching an…
  • California Court Upholds Enforceability of Marital Settlement Agreement

    4 Aug 2015 | 12:54 pm
    In many divorce proceedings, spouses enter into a "marital settlement agreement" or "MSA" in order to resolve some of the more significant issues affecting their family. By doing so, parties hope to reduce or limit the duration of the proceedings as well as any potential disputes. Reaching the decision to divorce can be difficult enough, without the added stress of arguing over property, custody, support, and the like. Questions sometimes arise, however, as to the enforceability of the MSA. It is an agreement, similar to most contracts, which must adhere to certain legal qualifications in…
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    Maritime & Cruise Ship Accident Lawyer Blog

  • Passenger Drowning at Sea – Understanding Your Rights

    Gerson &#38; Schwartz, P.A.
    2 Sep 2015 | 9:08 am
    The Marine Accident Investigation Branch of UK Government (MAIB) recently published a report about the drowning of a 29-year-old female passenger in a swimming pool on board Sapphire Princess in the East China Sea. The victim was found floating face down in a swimming pool on board the Sapphire Princess. Despite rescue and resuscitation attempts by passengers and crew, the victim did not survive. In their report, MAIB concluded that the mere usage of a notice board expressing that lifeguards were not on duty and persons using the pools should do so at their own risk was inadequate and failed…
  • Are Cruise Lines Living Up to Their Self-Adopted Passenger “Bill of Rights?

    Gerson &#38; Schwartz, P.A.
    25 Aug 2015 | 7:52 am
    The Cruise Lines International Association (CLIA) self-adopted a “Bill of Rights” in May of 2013 in order to allegedly fulfill the commitments of care and comfort to all their onboard passengers on luxury cruises throughout the world. Our team of experienced Miami maritime lawyers were hopeful, yet skeptical, of such a self-regulating scheme in the cruise industry. Named the International Cruise Line Passenger Bill of Rights, cruise ship passengers were provided with numerous “rights” including: The right to disembark a docked ship if essential provisions such as food, water, restroom…
  • Carnival Plans to Introduce New Mega Cruise Ships

    Gerson &#38; Schwartz, P.A.
    17 Aug 2015 | 7:54 am
    Carnival Cruise Line has ordered “mega cruise ships” that will hold about 7,000 passengers each, making them essentially floating cities. Obviously, this means bigger profits for Carnival, as bigger ships will mean more passengers and more ticket sales. But is bigger going to mean better and safer? Probably not. Our team of experienced Miami maritime injury attorneys have handled serious cruise ship injury cases and, in many instances, the focus for the cruise line is to pack as many people on board, regardless of potential safety hazards. Some maritime experts are getting worried about…
  • Crew Member Injuries on a Cruise Ship

    Gerson &#38; Schwartz, P.A.
    12 Aug 2015 | 11:17 am
    If a crew member is hurt on the job while at sea, do they have to file a workers compensation claim? This is a question asked to our team of experienced Miami maritime lawyers quite often by injured cruise ship workers and their loved ones. The answer is that crew members do not use the traditional workers compensation system that land-based workers may access. The Merchant Marine Act of 1920, commonly known as the Jones Act, is a federal legislation that aims to protect seamen’s rights in cases of on-board accidents or death. Pursuant to this act, compensation can be claimed by a workman…
  • Criminal Acts at Sea

    Gerson &#38; Schwartz, P.A.
    3 Aug 2015 | 8:39 am
    Cruise ships are not always about welcome drinks, sundecks, and romantic dinners under the moonlit night. There are, unfortunately, many serious crimes that can occur on board a cruise ship, no matter how secure you think you may be. Petty thefts, serious assaults, battery, and even rapes have been reported on cruise ships. In fact, over 950 cruise ship crimes were reported to the FBI between 2011 and 2012, and those are only the crimes that the FBI is aware of. Unfortunately, many crimes, especially sexual assaults, go unreported. Our team of Miami maritime lawyers are here to help and have…
 
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    The EmpLAWyerologist Firm

  • What Did the NLRB Say in its Ruling on Joint Employment–and Why?

    theemplawyerologist
    3 Sep 2015 | 4:00 am
    Last week, I promised to start looking at issues employers face when dealing with non-competition provisions (aka “non-competes”)–but then the NLRB rendered a long-awaited decision in  Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery, 362 NLRB No. 186 (August 27, 2015). I previously posted about that case here, when the case was pending. The NLRB’s ruling expands the scope of joint employment as we have come to know it. What exactly did the NLRB say — and why? Let’s see if we can answer that question — after the…
  • Employers: The Threat of Age Discrimination Claims is Real!

    theemplawyerologist
    27 Aug 2015 | 4:00 am
    Greetings. This week we are concluding our coverage of ways in which employers inadvertently expose themselves to the risk of age discrimination claims.  We are back with Brilliant Business, Tricia the Trainer, and you, Brilliant’s new Regional Sales Manager. Having already learned that interview questions, job advertisements and pre-employment tests are some key age discrimination hot spots, can there really be anything else? You have been so helpful the last two weeks (readers who missed those posts can find them here and here) by sharing what you learned in the training you recently…
  • Older Workers Need Not Apply? Think Again!

    theemplawyerologist
    20 Aug 2015 | 4:00 am
    Howdy! Last week we were looking at some tried-and-true hiring practices and how they might put an employer at the receiving end of an age discrimination claim. Specifically, we looked at questions asked during a job interview that, while seemingly innocent are really a trap for the unwary.  This week we are looking at job advertisements and  pre-employment tests , which are fraught with similar pitfalls. Let’s have a look at these after the jump… We are back with Brilliant Business Inc, Tricia the Trainer, and you, Brilliant’s new Regional Sales Manager. You were most…
  • Is Your Company Risking an Age Discrimination Claim?

    theemplawyerologist
    13 Aug 2015 | 4:00 am
    Suppose you started last month as Regional Sales Manager for your company, Brilliant Business, Inc (“Briliant”), and you need to hire 5 new salespeople for your region. Your boss, Vicky the VP of Sales, tells you that Brilliant recently settled a lawsuit under the federal Age Discrimination in Employment Act (ADEA) for $2 million.   Since you will be hiring and managing employees, Vicky is requiring you to attend training on applicable federal and state employment laws. Being a fair and open-minded person, you willingly attended the training – and boy was it an eye-opener! Tracy the…
  • How Will the DOL Decide if Your Independent Contractor is Really an Employee?

    theemplawyerologist
    6 Aug 2015 | 3:47 am
    So the United States Department of Labor thinks most workers should be classified as employees and not independent contractors. That’s not really anything new. The DOL last month issued yet another guidance on this very issue. We got our first overview of the DOL’s guidance last week, which you can find here.  The crux of the DOL’s guidance is its  six-factor “economic realities” test to help employers figure out how it would classify their workers. We listed those factors last week. Let’s get an up-close (but maybe not personal) view of those factors…
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    South Florida Criminal Attorneys Blog

  • After being found Not Guilty on State Sexual Abuse Charges, the Feds Take Over

    Michael B. Cohen, P.A.
    16 Aug 2015 | 4:21 pm
    As is explained on my Website, under a section titled “How do you know if the crime you are charged with is federal?” the government can take interest in cases that do not usually appear to apply under federal jurisdiction just because they become absorbed in a case being pursued by the state. One cause where this may also occur involves crimes against children. Jeffery London, a so-called trusted member of the Broward County community was first arrested after sexual molestation charges came to light from one young man who was twenty years old at the time the complaint was alleged…
  • Principal Defendant’s Wife in Grand Theft Fraud sentenced to nearly 5 years

    Michael B. Cohen, P.A.
    13 Jul 2015 | 10:04 am
    In a scheme that bilked an elderly man out of over a quarter million dollars, a Broward jury found Matthew Stevens not guilty of the crime after deliberating for only a little more than five hours. This was Stevens’ second trial for the crime, the first one resulting in a hung jury. But here’s the rub. Gina Stevens, the defendant’s common law wife under their shared Gypsy culture tradition who had three children with the defendant did not fare as well as her husband, once he was acquitted of the crime. They were both charged with grand theft but Mrs. Steven’s had no…
  • Judge Affirms 6-3 Vote for Death Sentence of Miami Handyman for 2005 Murder

    Michael B. Cohen, P.A.
    8 Jun 2015 | 3:28 pm
    In November of last year, a jury found Rafael Andres guilty of the first-degree murder of Ivette Fariñas, a waitress who worked at Miami International Airport. He was also found guilty of first-degree arson for the fire he set in her home in his attempt to destroy the evidence of the crime he committed, as well as robbery with a weapon, and burglary with battery. The evidence against the handyman was damning to say the least. Moments before the victim’s home went up in flames a neighbor identified him fleeing from the premises with a gas can in his possession. Secondly, a washcloth,…
  • Miami Resident Arrested in $100 million Venezuelan Money Laundering Scheme

    Michael B. Cohen, P.A.
    18 May 2015 | 9:42 am
    Venezuela has recently been experiencing a shortage of all foreign currencies due to a substantial drop in oil prices, the country’s central source of US dollars. It has gone through an economic contraction of close to three percent and is fighting a very high rate of inflation which is currently more than sixty percent. Because of these financial difficulties, the government-determined exchange rate of the Bolivar, (Venezuela’s currency) has skyrocketed from approximately 4.25 Bolivar for 1 US dollar in 2013, to the current 6.29-1 legal rate of exchange (Source: Bloomberg…
  • Charges dropped in 14-year old Lakeland Girl’s Cyberbullying Suicide

    Michael B. Cohen, P.A.
    15 Apr 2015 | 12:54 pm
    Modern technology in its union with computers and the Internet is responsible for many changes in existing laws, both federal and local. A prime example of this is the crime of wire fraud which was previously defined as criminalities which were committed crossing state lines, mostly associated by telephone, telegraph, radio, and television. But in our current day environment, many types of crimes have been expanded to include new devices associated with computers as well as cell phones which didn’t exist when these laws were first placed on the books. In addition to laws being…
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    Personal Injury Lawyer Blog

  • CHEATING WEBSITE ASHLEY MADISON HACKED

    20 Aug 2015 | 7:54 am
    Data from the Ashley Madison website breach is flooding the web, exposing thousands of individuals. Media, spouses and significant others are in a frenzy searching though the linked data. Ashley Madison is cheating website geared towards people seeking extramarital dating and affairs. Several high profile celebrities and senior level politicians have been identified as using the site since the breach, though none have confirmed the link between the leaked user profiles and themselves. In the past, some users had paid Ashley Madison to delete their data to protect themselves in the event of a…
  • 'BASEBALL RULE' PROTECTING STADIUMS AGAINST LAWSUITS FROM INJURED FANS QUESTIONED AFTER BAT STRIKES WOMAN AT FENWAY

    1 Jul 2015 | 8:58 am
    The controversial 'Baseball Rule,' a century-old principle regarding the risk of injury to fans from foul balls or shattered bats, has been under debate after a recent accident at Fenway Park. On June 5th, 44-year-old Tonya Carpenter was enjoying the game with her boyfriend and her 8-year-old son, Aidan, sitting by the visitors' dugout. In the second inning, Brett Lawrie of the Oakland Athletics broke his bat, sending shards into the stands and eventually striking Tonya in the face. She was rushed to Beth Israel Deaconess Medical Center, where she remained in serious condition for several…
  • LARGEST VERDICT TO DATE REACHED IN BOSTON SCIENTIFIC LAWSUITS OVER PELVIC MESH PRODUCTS

    11 Jun 2015 | 7:34 am
    The largest verdict to date was reached the other week in the ongoing legal proceedings for cases brought against the Marlborough, Ma.-based company Boston Scientific by women who suffered complications after receiving their defectively designed pelvic meshes. Boston Scientific is currently facing about 20,000 vaginal mesh lawsuits from women across the country. Last month they were able to settle some 2,970 of these by agreeing to pay out $119 million to patients, but the verdict reached by a Delaware jury this week in a personal injury case brought by Deborah Barba will see them paying $100…
  • Amtrak Train Derails in Philadelphia, Tragically Killing 6

    13 May 2015 | 9:40 am
    Philadelphia Mayor Michael Nutter described the aftermath of Amtrak Train 188's derailment as, "a horrific scene." The terrifying nighttime wreck has left at least 6 people dead and dozens more injured. Amtrak Train 188 was traveling from Washington, D.C. to New York when it jumped off the tracks in Philadelphia's Port Richmond section shortly after 9:00 p.m. last night, May 12, 2015. The derailment tossed all 238 passengers and 5 crew members around the cars. Mayor Nutter initially confirmed that the wreck left 5 passengers dead. Temple University Hospital later confirmed that a 6th…
  • WRONGFUL DEATH CASE AGAINST AARON HERNANDEZ

    3 May 2015 | 5:39 pm
    Following Aaron Hernandez's conviction of first-degree murder for the killing Odin Lloyd, Mr. Hernandez still faces a pending civil action that may hold the public's best chance of understanding the motive behind the atrocious killing. The former New England Patriots' tight end faces a civil action filed by the Sheff Law Offices, on behalf of Lloyd's mother, Ursula Ward. Lead attorney Douglas K. Sheff filed the suit in December 2013, but could not proceed forward until after Hernandez's criminal trial was complete. The civil trial also makes it possible that Hernandez will have to take the…
 
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    ImmigRantings

  • ICE Bans Immigration Attorneys from Seeing Their Clients

    25 Aug 2015 | 6:12 pm
    Immigration and Customs Enforcement (ICE) is the agency within the U.S. Department of Homeland Security that is tasked with enforcing federal immigration and customs laws. A large component of the ICE mandate is to arrest undocumented foreign nationals and initiate deportation proceedings against them. While these proceedings are pending (which can take several months to many years because of the backup in the immigration court system), hundreds of thousands of foreign nationals are detained in ICE centers. A large percentage of these foreign nationals are women and children who have fled…
  • California Continues to Lead the Rest of the Country in Immigration-Friendly Policies

    12 Aug 2015 | 6:30 am
    The state of California is often the frontrunner in terms of enacting immigrant-friendly policies, paving the way for the rest of the country to follow its lead and provide foreign nationals with access to critical services such as in-state tuition, driver's licenses, and state-funded healthcare for children. Just this past Monday, California has broken new ground with its most recent policy change aimed at helping foreign nationals. The state legislature passed a new bill that will remove the word "alien" from the state's labor laws. The California Package The state's many…
  • The President Moves Forward on New Immigration Executive Action

    10 Aug 2015 | 7:19 am
    Since Congress has stalled comprehensive immigration reform for the past three years, the President has been able to provide some relief to foreign nationals who are contributing to the U.S. economy and communities, but who do not have lawful immigration status. This relief includes Deferred Action for Childhood Arrivals and the recently announced executive action which has unfortunately stalled in the courts. However, the President continues to move forward with his new immigration action which would expand a waiver program that allows undocumented foreign nationals to remain in the U.S.
  • California Judge Rules U.S. Government is Violating Immigrants' Rights

    5 Aug 2015 | 2:30 pm
    The court system has once again struck a victory for immigrant rights. Last week, U.S. District Judge Dolly Gee ruled that the U.S. government is in violation of a 1997 settlement agreement because the government is detaining undocumented foreign national children in poor conditions. The Judge indicated that the court may soon be issuing an order to federal immigration officials to release the undocumented children and their parents. The 1997 Settlement Agreement In her ruling, Judge Gee states that the government's treatment of undocumented foreign national children is violating a 1997…
  • Another State Ignores Federal Law in Favor of Anti-Immigration Policies

    23 Jul 2015 | 2:20 pm
    The U.S. Constitution reserves the responsibility of writing immigration laws and regulations to Congress. This reservation means that the states cannot pass their own laws regarding immigration if those laws conflict with any federal laws. Additionally, the 14th Amendment to the Constitution provides that any person born in the United States is automatically a U.S. citizen. It seems that the state of Texas disagrees with the Constitution. Recent reports have been made that Texas counties have all but repudiated birthright citizenship for children who are born to undocumented foreign…
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    Palo Alto Estate Planning Blog

  • Google Lets You Manage Your Digital Assets After Death

    Liza Hanks
    20 Aug 2015 | 9:38 am
    Google now allows users to determine what happens to their photos, emails, and documents when their account goes inactive. Users can set when their account should be considered inactive, what happens to the data at that point, and who should be notified by using  Google’s Interactive Account Manager. For those who don’t set this up in advance (most people is my guess), Google also has a process for working with immediate family members or estate representatives to close online accounts after a user dies and, in some cases, to obtain data from a deceased user’s account.
  • How to Give Your Kids Money Now That They Can’t Use Until Later

    Liza Hanks
    13 Jul 2015 | 5:00 pm
    Recently, a client of mine asked me how to set up a trust to hold gifts to their children that those children wouldn’t be able to use for about twenty more years. This can be done by use of what’s called a “Crummey” Trust (named after the attorney who invented the technique). This kind of trust is usually funded with annual gifts. Currently, you are allowed to give $14,000 per year to any one person without having to report the gift on a gift tax return or use any of your lifetime exclusion from the gift and estate tax (currently $5.43 million per person). A Crummey…
  • Thinking Single: Women Who Live Long

    Liza Hanks
    25 Jun 2015 | 4:43 pm
    I recently read a Huffington post article about the need for women to plan their estates as if they were single. And that got me thinking about how, despite our best efforts to plan, life just has a way of constantly changing.  Children grow up, we get old, and even families slip away, or change over time. I work with families to craft estate plans all of the time, and it’s hard enough to get them to focus on the inevitability of death. Let alone the possibility that one of them is likely to survive the other, and live alone in old age. But from now on, I will try and do a better job…
  • Supreme Court on Gay Marriage: Estate Planning Changes

    Liza Hanks
    22 Jun 2015 | 5:12 pm
    For those of us with a Supreme Court habit, the end of June is an exciting time. It’s kind of like October baseball, it’s when the big decisions get announced, at the very end of the year’s term. This June, there are two big cases in the wings: one on gay marriage and one on Obamacare. If the Supreme Court legalizes same-sex marriage on a state-wide basis, married gay couples will gain all of the legal rights afforded hetereosexual couples, including the right to receive Social Security and Veteran’s benefits. These two agencies look to state determinations of marital…
  • Announcing My E-Book!

    Liza Hanks
    30 Apr 2015 | 5:57 pm
    I am very excited to announce that my first book, The Family’s Guide to Wills and Estate Planning, has gotten a new cover, a new title, and a new life as an e-book available for free at my website to anyone who would like it. For the last ten years, it’s been available for sale from Nolo and Amazon, and now I can offer it to my clients and their friends at no cost, thanks to my book designer, digital type, and the internet. This book is an introduction to all the basic concepts that anyone considering an estate plan needs to know. Unlike books written for the super wealthy, The…
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    Atlanta Overtime Lawyers Blog

  • The Administrative Exemption to Overtime Under the FLSA

    20 Aug 2015 | 4:46 am
    The administrative exemption of the Fair Labor Standards Act ("FLSA") is one of the most litigated areas of overtime law. Because the administrative exemption regulations can be confusing, it provides a prime opportunity for employers to violate the law. One of the elements of proving the administrative exemption is evidence that the employee exercised discretion and independent judgment with respect to matter of significance. In order to establish the narrowly construed affirmative defense of the administrative exemption, employers must also show, with clear and convincing evidence, that the…
  • The Department of Labor Proposes that FLSA Exemption Salary Requirement Increase

    17 Aug 2015 | 4:50 am
    On July 6, 2015, the United States Department of Labor announced it proposed rule to update and increase the salary requirement for an employee to be classified as exempt from overtime. Currently, the executive, administrative and professional exemptions to the FLSA require that the employee make at least $23,660 a year to qualify for the exemption. However, the DOL stated that this would fall below the poverty line for a family of four. The DOL stated that as it stands, "a convenience store manager, fast food assistant manager, or some office workers may be expected to work 50 or 60 hours a…
  • Overtime: How Much Does My Employer Owe? Overtime, Double Damages and the Statute of Limitations of the FLSA.

    12 Aug 2015 | 4:52 am
    If an employer fails to pay an employee overtime under the Fair Labor Standards Act ("FLSA"), the question turns to how to calculate damages. Non-exempt employees are entitled to time and one-half for all hours over forty in a workweek. Under the FLSA, the statute of limitations permits an employee recover two years' worth of overtime plus liquidated damages ("double damages") and attorneys' fees and costs. An employee, however is allowed to recover three years' worth of overtime if the employee can prove by a preponderance of the evidence that the employer "willfully" violated the FLSA or…
  • Golden Homes Services, Inc. - Certified Nursing Assistant - Settles Overtime Case

    7 Aug 2015 | 4:54 am
    On February 2, 2015, a former employee of Golden Homes Services in Atlanta, Georgia filed a lawsuit alleging that Golden Homes violated the Fair Labor Standards ("FLSA") by failing to pay time and one-half overtime to its Certified Nursing Assistants (CNA). The former CNA alleged that Golden Homes was a staffing company that placed CNAs in its client's assisted living facilities and similar type facilities. The former employee alleged that the CNAs saw a number of patients per day at these facilities and worked more than forty hours per week. The former employee alleged, however, that Golden…
  • Does My Employer Have To Pay Me When I Am On-Call?

    3 Aug 2015 | 4:55 am
    One area of the Fair Labor Standards Act ("FLSA") that can confuse employers and employees is the on-call rules. The question is whether the employee is actually working while they are on-call or so restricted from using their time for their own use. The general analysis looks to whether the conditions placed on the employee are restrictive or non-restrictive. Restricted conditions restricts the employee from effectively using the time for personal use. For example, the FLSA regulations state that if the on-call nurse was burdened with calls from the employer such that the calls prevent free…
 
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    Florida Tax Lawyer Blog

  • Colorado - Blunt Wraps are Not Tobacco Products

    26 Aug 2015 | 4:40 pm
    In December 2006, the Colorado Department of Revenue ("DOR"), on its own volition, unilaterally decided to increase their revenue stream by taxing more tobacco products. Taxpayers were given an FYI Notice stating that all products containing any amount of tobacco would be considered "tobacco products" within the meaning of the statute. When that was challenged in Creager Mercantile Company, Inc. v. Colorado Department of Revenue, the DOR issued a final determination that blunt wraps sold by Creager were "tobacco products" within the meaning of the statute despite not having any authority from…
  • Holiday in August! - FL DOR Sales Tax Holiday Has Arrived!

    6 Aug 2015 | 6:15 pm
    With the every-so-exciting Florida Sales Tax Holiday ("Holiday") running August 7th through August 16th, all Floridians must become knowledgeable so that we can maximize our savings as buyers. The Holiday does not solely apply to Parents and Students looking for their essential pencil sharpeners, the Holiday applies to all sales throughout Florida--so thrilling! Just think about all the wonderful school supplies you could stock up your office drawers this upcoming week. Like everything that seems too good to be true, this 10 day Holiday has a few rules that must be discussed. The following…
  • E-Cigs: How Should They Be Taxed?

    29 Jul 2015 | 4:25 pm
    As an avid sports fan and season ticket holder, I have now become more accustomed to seeing fellow fans smoking vapor products--a battery powered pen-like device that heats liquid nicotine into vapor-in the stadium seats. While some may wonder how people can possibly get away with smoking vapor products at stadium seats, or even at restaurant tables, I often ponder about how the vapor products are taxed at the state level. Are vapor products really tobacco products, are they cigarettes, or are they something completely different, and if so, are vapor products taxed at the wholesale level, as…
  • TAXPAYER TAKES UP MICJO CHALLENGE IN OREGON

    27 Jul 2015 | 4:21 pm
    In 2012, a case shook the tax world for Florida's wholesale tobacco distributors. Specifically, a case called Micjo was decided in favor of tobacco distributors at Florida's appellate court level. Micjo taught us that if a taxpayer disagrees with a department's tax decision, then it should fight for its money that is not due. Since the Micjo ruling, we have been filing refunds for many other tobacco distributors and fighting tax assessments based on the appellate case. After filing several Micjo refund cases, we discovered another Micjo case in Oregon. If the taxpayer is successful then it…
  • An Overview of Cloud Computing Trends

    15 Jul 2015 | 3:06 pm
    As the internet becomes essential to our everyday lives, states are consistently inconsistent in their attempt to tax cloud computing systems. Cloud computing is "the practice of using a network of remote servers hosted on the Internet to store, manage, and process data, rather than a local server or a personal computer." Essentially, the term "Cloud" is a metaphor for the internet. Cloud computing allows the user to access data over the internet without storing data on a hard drive. In fact, most internet users rely on these cloud computing systems as an essential tool in their everyday…
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    Securities & Going Public Lawyers

  • SEC Charges Bank Analyst Ashish Aggarwal With Insider Trading

    Brenda Hamilton, Securities and Going Public Lawyer
    4 Sep 2015 | 8:00 am
    Going Public LawyerOn August 25th, 2015, the Securities and Exchange Commission (SEC) charged a former investment bank analyst with illegally tipping his close friend with confidential information about clients involved in impending mergers and acquisitions of technology companies. The SEC also charged his friend and another individual with insider trading. The SEC alleges that Ashish Aggarwal, who worked in J.P. Morgan’s San... Read MoreGoing Public Lawyer
  • SEC Obtains Summary Judgment Against Xytos In Securities Fraud

    Brenda Hamilton, Securities and Going Public Lawyer
    3 Sep 2015 | 5:00 am
    Going Public Lawyer  The Securities and Exchange Commission (SEC) announced that on August 24th, 2015, the Honorable Sarah Evans Barker of the United States District Court for the Southern District of Indiana granted the SEC’s motion for summary judgment against Defendant Timothy E. Cook, a resident of Indianapolis, Indiana. The Court found that Cook violated the antifraud provisions of the federal securities... Read MoreGoing Public Lawyer
  • SEC Announces Asset Freeze In EB-5 Offering Scheme

    Brenda Hamilton, Securities and Going Public Lawyer
    1 Sep 2015 | 10:05 am
    Going Public LawyerOn August 25, 2015, the Securities and Exchange Commission (SEC) announced an asset freeze obtained against a man in Bellevue, Wash., accused of defrauding Chinese investors seeking U.S. residency through the EB-5 Immigrant Investor Pilot Program by investing in his companies. The SEC alleges that Lobsang Dargey and his “Path America” companies have raised at least $125 million in EB-5... Read MoreGoing Public Lawyer
  • What is a Penny Stock Email Campaign ?

    Brenda Hamilton, Securities and Going Public Lawyer
    26 Aug 2015 | 9:00 pm
    Going Public LawyerIn our digital age, sensible people know they should be wary of unsolicited financial advice, but there are still many who can’t resist the allure of the “guaranteed profits” that will be generated by a “once in a lifetime opportunity” received in a penny stock email campaign.  There are different kinds of scams involving penny stock email.  Some may present what appears... Read MoreGoing Public Lawyer
  • SEC Charges Vincente Garcia Under FCPA

    Brenda Hamilton, Securities and Going Public Lawyer
    25 Aug 2015 | 2:41 pm
    Going Public LawyerOn August 12, the Securities and Exchange Commission (SEC) announced that a former executive at a worldwide software manufacturer has agreed to settle charges that he violated the Foreign Corrupt Practices Act (FCPA) by bribing Panamanian government officials through an intermediary to procure software license sales. An SEC investigation found that Vicente E. Garcia, the former vice president of global... Read MoreGoing Public Lawyer
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    Dallas Justice » Criminal Law Blog

  • College Rape Charges: Students Arrested for Sexual Assault and Fixing the Current Kangaroo Court System

    Michael Lowe
    2 Sep 2015 | 2:59 pm
    Campus rape charges are being made much more often today. However, there’s a big problem with sexual assault charges when students are involved and it’s an injustice everyone needs to recognize and which needs to be fixed. Here’s the thing: allegations of rape or sexual assault on a school campus often involve a whole different system in the investigation and “prosecution” of the student rape claims. Many people assume that if a college student goes to the authorities to report a rape or sexual assault, the local police department or sheriff’s office becomes immediately involved…
  • District Attorneys Keep Doing Bad Things: More Texas Prosecutorial Misconduct Stories

    Michael Lowe
    26 Aug 2015 | 11:50 am
    The problem of prosecutors doing bad things like hiding evidence and introducing unreliable (or false) testimony isn’t getting better.  Recently, the Daily Beast published an expose on prosecutorial misconduct in the United States, labeling the problem a national epidemic. You can read their take on things in the article written by Jay Michaelson and published as “ It’s Not Just Bad Cops: Prosecutors Run Wild.” There’s also the big news of a recent brief filed by former members of the Justice Department in a federal securities fraud case that’s come before the United States…
  • Bite Mark Evidence Isn’t Reliable But It’s Still Used Against Defendants in Texas

    Michael Lowe
    19 Aug 2015 | 10:52 am
    Lots of criminal defense attorneys have their fingers crossed here in Texas, hoping that sooner rather than later everyone is going to acknowledge and understand that bite mark evidence isn’t worthy of respect much less use in a criminal case where someone’s freedom is in jeopardy. For many years, defense lawyers have recognized that evidence of bite marks simply isn’t reliable. It’s not just bite mark evidence that isn’t reliable — there are other kinds of forensic evidence that we have to argue against in case after case because it’s not worthy of consideration by the…
  • Sex Crimes In Texas: How Soon Do You Need to Call a Criminal Defense Lawyer?

    Michael Lowe
    13 Aug 2015 | 12:38 pm
    Sex crimes are a particular kind of criminal defense case; things can become complicated very quickly in these matters. For years, I have devoted part of my Dallas law practice to defending individuals who are being investigated or have been charged with any one (or more) of a number of sex crimes as defined under the Texas Penal Code. These cases are important and each one is specific to its set of facts and circumstances. One of the unique characteristics of a sex crime case is that the defendant may end up with a lifetime punishment in the form of being labeled a “sex offender” with…
  • Not Guilty on Dallas County DWI charge

    Michael Lowe
    10 Aug 2015 | 12:23 pm
    Mr. Lowe’s client was stopped by Cedar Hill Police department for Driving While Intoxicated.  The police officer found alcohol in the car and later determined that Mr. Lowe’s client failed at 3 of the stand field sobriety tests.  Mr. Lowe tried the case in Dallas County Criminal Court #5 and obtained a Not Guilty Verdict.  Mr. Lowe’s client will be eligible to have his record expunged. The post Not Guilty on Dallas County DWI charge appeared first on Dallas Justice.
 
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    appeals-lawyer.com

  • The Notice of Appeal in California Criminal Cases, Explained!

    Kyle Smith
    25 Aug 2015 | 5:30 am
    When trial courts make important legal errors in California criminal cases, filing a notice of appeal at the appropriate time may be a good idea. An appeal is a procedure used to correct legal errors made in court. The appealing party requests that a higher court review the proceedings of a lower court to correct […] The post The Notice of Appeal in California Criminal Cases, Explained! appeared first on .
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    South Florida Personal Injury Lawyers Blog

  • Tampa Court Refuses to Dismiss Insurer From Lawsuit Alleging Employer Committed an Intentional Tort Against Leased Worker

    Friedman, Rodman &#38; Frank, P.A.
    27 Aug 2015 | 11:21 am
    In Companion Property & Casualty Ins. Co. v. All Roof Systems, LLC, a Florida man was apparently severely injured when he fell through a hole that was concealed while working on a roof. At the time, the man was a contract employee who was leased to the roofing company by a staffing agency. As a result of his injury, the hurt man and his wife filed a lawsuit against the roofing company in state court. In the couple’s state court complaint, they argued the roofer was not entitled to enjoy workers’ compensation immunity under Section 440.11(1)(b)(2) of the Florida Statutes. Next, the…
  • Court Finds Employee is Not Entitled to Ongoing Workers’ Compensation Disability Benefits Despite Receiving Medical Referral for a Minor Preexisting Condition

    Friedman, Rodman &#38; Frank, P.A.
    24 Aug 2015 | 11:18 am
    In Cruz v. State of Florida Dept. of Legal Affairs, a Florida man suffered a compensable workplace injury. While collecting temporary disability for a heart and mental health condition, the worker sought additional temporary total disability or temporary partial disability payments. According to the employee, his work-related harm not only rendered him disabled but also exacerbated his preexisting gastrointestinal condition. At a hearing before a Judge of Compensation Claims (“JCC”), medical evidence was provided by two cardiologists who treated the worker. Both specialists apparently…
  • Florida Residents Injured Aboard a Cruise Ship Must Promptly File Their Personal Injury Case

    Friedman, Rodman &#38; Frank, P.A.
    20 Aug 2015 | 9:00 am
    In Pettit v. Carnival Corp., a cruise ship passenger was apparently hurt when she slipped while on board the vessel in September 2013. Prior to her departure, the woman completed a contract stating any future personal injury lawsuits filed against the cruise company must be brought within one year in the Southern District of Florida. About two weeks before the statute of limitations expired, the injured woman filed a negligence lawsuit against the owner of the ship in Miami-Dade County. In addition, the hurt passenger failed to serve the cruise company until November 2014. On December 1,…
  • Federal Court Refuses to Remand Florida Woman’s Negligence Lawsuit Back to State Court

    Friedman, Rodman &#38; Frank, P.A.
    17 Aug 2015 | 9:58 am
    In Derringer v. Cracker Barrel Old Country Store, Inc., a woman was allegedly injured when she was struck with a plate of food that a Florida restaurant employee was carrying. As a result of her harm, the woman filed a personal injury lawsuit against the restaurant in a Florida court. About nine months later, the restaurant removed the negligence case to the Middle District of Florida, based on diversity of citizenship. After that, the injured plaintiff asked the federal court to remand the action back to state court. Under 28 U.S.C. § 1441(a), a case may be removed to federal court…
  • Appeals Court Finds Expert Evidence Improperly Excluded in South Florida Cruise Ship Negligence Case

    Friedman, Rodman &#38; Frank, P.A.
    13 Aug 2015 | 9:04 am
    In Sorrels v. NCL (Bahamas) Ltd., a woman was allegedly injured in 2012 when she slipped and fell on a cruise ship deck that was wet from the rain. As a result, the woman and her husband sued the owner of the vessel for damages. In their complaint, the couple accused the cruise company of committing negligence under general maritime law. Under this theory of liability, the owner of a vessel operating on navigable waters owes passengers a duty of reasonable care. In order to demonstrate a cruise ship company committed negligence, an injured plaintiff must demonstrate the company had a duty to…
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    Massachusetts Social Security Disability Lawyers Blog

  • Supplemental Security Income (SSI) Disability Benefits – A Closer Look

    Law Offices of Jeffrey S. Glassman
    28 Aug 2015 | 9:07 am
    Social Security Disability Insurance (SSDI) benefits are available to workers who paid taxes long enough to have “paid into the system” and have become disabled for reasons other than an on-the-job injury. On-the-job injuries are typically covered by workers’ compensation benefits. However, in the case of disabled children, the elderly, and blind individuals, it may be difficult or impossible to qualify for Social Security Disability Benefits due to the fact these people may never have worked, or even if they had worked at one time, had not worked long enough or recently enough to have…
  • Alaura v. Colvin: SSDI Denials

    Law Offices of Jeffrey S. Glassman
    22 Aug 2015 | 9:06 am
    Alaura v. Colvin, an appeal from the United States Court of Appeals for the Seventh Circuit, involves a claimant who was hit in the back of his head by an attacker armed with a barstool. The 22-year-old claimant suffered a shattered skull as a result of the attack. After victim was hit with the bar stool, first responders rushed him to a local hospital, where he was immediately taken into surgery. Due to his traumatic brain injury (TBI), surgeons had no choice but to remove a part of claimant’s brain and place a metal plate on his skull to protect him from additional brain damage. This…
  • Majority of Americans Believe Social Security Disability Insurance Program in Trouble

    Law Offices of Jeffrey S. Glassman
    18 Aug 2015 | 6:54 am
    As many are now aware, the Social Security Disability Insurance (SSDI) and the Supplemental Security Income (SSI) programs are facing a major budget shortage if Congress does not fix the problem soon. Specifically, by late 2016, there will be a 19 percent budget shortage for the disability programs, which will in turn result in a 19 percent cut in every one of the 9 million disability beneficiaries’ monthly checks. This will be devastating to these claimants and their families. While Congress has claimed it is well aware of the situation and is using the crisis to generate headlines, their…
  • Brown-Hunter v. Colvin: Standard of Proof in Social Security Disability Cases

    Law Offices of Jeffrey S. Glassman
    15 Aug 2015 | 6:52 am
    Brown-Hunter v. Colvin, an appeal from the United States Court of Appeals for the Ninth Circuit, involved an interesting issue about what an administrative law judge (ALJ) is and is not allowed to do with respect to denying Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits. An ALJ is supposed to an independent hearing officer, but, in reality, they work for the Social Security Administration (SSA), hold hearings at an SSA hearings and adjudication office, and maintain a working office at the same site. For this reason, it should come as no surprise…
  • Stepp v. Carolyn Colvin: SSDI Appeals Process

    Law Offices of Jeffrey S. Glassman
    13 Aug 2015 | 6:50 am
    Stepp v. Carolyn Colvin, an appeal from the United States Court of Appeals for the Seventh Circuit, involved a woman who used to work as a correctional officer, a training supervisor, and parole coordinator, who applied for social security disability benefits after suffering from a degenerative disc disease. In addition to the degenerative disc disease, she also claimed a secondary disability of depression. Claimant first sought treatment for chronic neck pain in 2008. She underwent a series of MRIs, and it was determined she he a degenerative disorder to her cervical spine and thoracic…
 
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    Austin Immigration Lawyer Blog

  • Congress Causing Immigration Courts System to Fail

    Lyttle Law Firm, PLLC
    4 Sep 2015 | 8:50 am
    There are many immigrants in the United States today who are due to face the courts for any number of reasons – those seeking asylum and those facing deportation are just a few – but they are likely to have a lengthy wait ahead of them. Over the last decade, it’s been reported that the federal immigration court system has been under a 146% increased workload, and the number of active cases that were being handled at the end of July 2015 sat at an incredible 453,948. On average, those cases have been pending 627 days – almost two years. For those immigrations looking for asylum or…
  • Donald Trump and Scott Walker Trying to Repeal Birthright Citizenship

    Lyttle Law Firm, PLLC
    2 Sep 2015 | 7:52 am
    Republican presidential frontrunner Donald Trump announced on Monday August 17, 2015, another immigration-related proposal that would end the constitutional tradition of American birthright citizenship, and Wisconsin Governor Scott Walker has supported his idea. However, similarly to Trump’s proposal to build a wall spanning the entire American/Mexican border and making Mexico pay for it, repealing birthright citizenship will be an almost impossible process. The first clause of the 14th Amendment says that any child born on American soil is automatically an American citizen, regardless of…
  • Homeland Security Required to Allow Public Comment on Tech-Student Visas

    Lyttle Law Firm, PLLC
    31 Aug 2015 | 7:25 am
    It has been ruled by a federal judge that the Department of Homeland Security must allow public comment on a rule regarding foreign nationals working in STEM fields that was adopted in 2008. The rule was an extension of a program called Optional Practical Training (OPT), which was introduced in 1947, and allowed students and recent graduates from foreign countries on student visas to work for up to a year in their chosen field. The 2008 rule allowed students in STEM fields (Science, Technology, Engineering and Mathematics) to extend their visas for 17 months, but Judge Ellen Huvelle of the…
  • Billy Asemani Denied IFP Status By Circuit Judge

    Lyttle Law Firm, PLLC
    27 Aug 2015 | 8:12 am
    Billy Asemani, an immigrant currently serving a thirty-year sentence in the Western Correctional Institution in Cumberland, Maryland, filed a mandamus petition for a hearing to review the denial of his request for naturalization by the United States Citizenship and Immigration Services (USCIS). He was allowed to file the petition in forma pauperis (IFP) but the court subsequently decided he couldn’t proceed with it because of the “three strikes rule” set out under the Prison Litigation Reform Act (PLRA). PLRA bars certain prisoners from proceeding IFP if three similar claims or suits…
  • Immigration Judge Grants Wisam Yousif Withholding of Removal

    Lyttle Law Firm, PLLC
    24 Aug 2015 | 8:56 am
    Wisam Yousif is an immigrant from Iraq who in 2007 applied for withholding of removal and asylum in the United States. Withholding of removal is granted as relief from likely persecution in the applicant’s home country due to race, religion, nationality, political opinion, or membership with a particular social group. Yousif is a Chaldean Christian, and the Immigration Judge conceded in 2011 that conditions in Iraq were so turbulent at that point that withholding of removal should be granted. However, Yousif was not given asylum, because the IJ asserted that he had misrepresented himself in…
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    Healthcare Law Blog

  • The Continuing Trend of Physician Employment

    Lee H. Little
    25 Aug 2015 | 3:00 am
    A recent survey by search agency The Medicus Firm shows steady continuation of the national trend toward employment of physicians.  In representing employers and employees, our Georgia physician practice law firm follows physician employment trends and issues. According to the Medicus survey results, the vast majority of physicians hired in the first half of 2015 — nearly 90% — were hired by either hospital systems or group practices. The Medicus survey also revealed other interesting aspects of the physician employment trend. For example, the survey shows that one aspect of the…
  • Majority of Georgia Hospitals Face Medicare Penalties

    Lee H. Little
    14 Aug 2015 | 9:53 am
    About two-thirds of Georgia hospitals can expect to be fined for excessive Medicare readmissions, according to a recent article in the Atlanta Journal. According to our Georgia business and healthcare law firm’s research, this places Georgia hospitals well above the national average of 54% of hospitals facing similar fines. The fines are imposed by way of reduced Medicare reimbursement rates for those hospitals with excessive readmissions (readmissions within 30 days of discharge). Medicare fines imposed as penalties against hospitals with too many patients returning in a month’s time for…
  • FRAUD DOESN’T PAY: HEALTHCARE PROVIDERS BEWARE CIVIL MONETARY PENALTIES LAW

    Kevin S. Little
    31 Jul 2015 | 11:56 am
    Physicians and other healthcare providers and businesses who seek to stay in the center of the court and avoid fraud allegations often inquire of our Georgia business and healthcare law firm about the applicability of STARK (civil statute) or the Federal Anti-kickback (criminal) statute to particular circumstances or transactions. While those laws have great importance and severe penalties for violations, another federal law often warrants review to ensure business is conducted in a legally compliant manner. Many physicians and healthcare businesses have not heard of the “Civil Monetary…
  • Physician Payment Sunshine Act: Should it Be Expanded to Include Nurse Practitioners and Physician Assistants?

    Lee H. Little
    15 Jul 2015 | 3:00 am
    Recent articles by ProPublica and NPR spotlight the absence of reporting requirements by pharmaceutical companies of their payments to nurse practitioners and physician assistants under the Affordable Care Act’s (ACA) Physician Payment Sunshine Act. The two web articles reference a case in which a Connecticut nurse practitioner pled guilty to accepting $83 million in kickbacks “from a drug company in exchange for prescribing its high-priced drug to treat cancer pain. In some cases, she delivered promotional talks attended only by herself and a company sales representative.” Because the…
  • Supreme Court Decision Keeps Affordable Care Act Alive: Benefits to Georgians and Health Providers Across the U.S. Continue

    Lee H. Little
    26 Jun 2015 | 11:14 am
    This week in a 6 to 3 ruling, the United States Supreme Court issued its decision in King versus Burwell, a case brought as a major threat to the viability of the Affordable Care Act (ACA). Congress, health providers, Supreme Court and Affordable Care Act watchers and more than 6.4 million consumers who benefit from health coverage assistance in the form of federal subsidies under the Affordable Care Act (ACA) had anxiously awaited a ruling in the case following the presentation of oral arguments in March. Justice John Roberts issued the majority opinion, stating: “Congress passed the…
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    Pleasanton Business & Commercial Law Blog

  • Supreme Court Ruling Prohibits "Lien Stripping" on Junior Liens in Chapter 7 Bankruptcy Cases

    31 Aug 2015 | 12:04 pm
    The U.S. Supreme Court recently issued an opinion, Bank of America v. Caulkett, 575 U.S. ___ (2015), addressing a controversial bankruptcy procedure known as "lien stripping." This procedure involves removing the portion of a lien on real property securing a debt, such as a mortgage loan, that exceeds the fair market value of the property. Lien stripping is generally permitted in Chapter 13 bankruptcy cases, but the Supreme Court prohibited it in Chapter 7 cases in Dewsnup v. Timm, 502 U.S. 402 (1992). The Dewsnup decision, however, left several loopholes, which Caulkett appears to have…
  • Corporations Are "Persons" Under Federal Debt Collection Statute, According to One Appellate Court

    17 Aug 2015 | 10:52 am
    The question of "corporate personhood," the legal circumstances in which a business entity may be considered a "person," is a controversial one. Supreme Court decisions like Burwell v. Hobby Lobby Stores, Inc., 573 U.S. ___ (2014), and Citizens United v. Federal Election Comm'n, 558 U.S. ___ (2010), have extended to corporations rights traditionally held by individuals. The default federal definition of "person," however, actually includes corporations. The Dictionary Act defines "person" to include not only individuals, also known as "natural persons," but also corporations and other…
  • California Water Restrictions Conflict with Homeowners' Association Rules Regarding Lawns

    31 Jul 2015 | 11:59 am
    California Governor Jerry Brown declared a State of Emergency in January 2014 because of a severe drought that has persisted for several years. Since then, the state government has mandated widespread restrictions on water use, including restrictions on the ability of local governments and homeowners' associations (HOAs), during emergency drought conditions, to enforce rules requiring residents to water their lawns. These water conservation efforts, however, continue to come into conflict with some HOAs around the state. Governor Brown signed AB 2104 into law in September 2014. The bill…
  • Digital Music Service Shuts Down as Part of Copyright Lawsuit Settlement

    15 Jul 2015 | 11:12 am
    A Florida-based company shut down its major business operations in late April 2015 as part of a settlement in a lawsuit alleging more than 4,900 infringed copyrights. UMG Recording, et al. v. Escape Media Group, Inc., et al., No. 1:11-cv-08407, complaint (S.D.N.Y., Nov. 18, 2011). The defendant had operated a digital music service that claimed to offer access to "any song in the world." Id. at 1. The case is reminiscent of the lawsuits brought more than a decade ago against individuals who allegedly downloaded songs through file-sharing services like Napster, except that this lawsuit targeted…
  • Social Media Reference Searches by Employers Do Not Violate the FCRA, According to California Federal Court

    30 Jun 2015 | 12:13 pm
    Social media has become an integral tool for employers during the hiring process, providing opportunities to verify the details of an applicant's employment and educational history, along with generally learning more about the applicant. Employers must be very careful, however, that they do not inadvertently expose themselves to liability under various employment statutes. A recent decision by a northern California federal court found that a popular social networking site did not violate one federal statute by allowing prospective employers to research an applicant's background. Sweet, et al.
 
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    Spencers Solicitors Blog

  • The most dangerous six months of your career

    Spencers Solicitors
    27 Aug 2015 | 6:56 am
    Starting a new role is an exciting prospect, and the biggest worry should be learning the ropes in your chosen career. However recent research has shown that employees are just as likely to have an accident during their first six months in a new job as they are during the rest of their working life. The Health and Safety Executive (HSE) has released figures which demonstrate just how hazardous a new role can be, and in doing so effectively underline the importance of adequate health and safety training for all new starters in the workplace.  Length of time in job   Reportable…
  • Staying Safe at Summer Festivals

    Spencers Solicitors
    14 Aug 2015 | 7:41 am
    Festivals can be a lot of fun, but the heady combination of alcohol, sleep deprivation and the elements can make them pretty risky too. As well as being a solicitor I'm also a keen festival goer. Over the years I have enjoyed many festivals including Glastonbury, V and Reading as well as much smaller local festivals and during this time have seen many people fall victim to mishaps from poor safety planning. It may seem overly serious but far from stopping you having a great time, protecting yourself with a little safety planning can make for an even better time at the festival. Pack for…
  • Doughnut Day for MacMillan Cancer Support

    Spencers Solicitors
    23 Jul 2015 | 6:36 am
    As part of a fundraising campaign to help MacMillan Cancer Support raise funds for their Chesterfield based Cancer Centre, Spencers Solicitors held a 'Doughnut Day' on the 10th of July 2015 followed by a sponsored walk on the 11th of July 2015 whereby staff signed up to walk off their doughnut indulgence for a minimum of 2.5 hours, representative of the £2.5 million Macmillan need to raise. Doughnut day was a great success with eight dozen doughnuts and a dozen fabulous home baked doughnut cup cakes sold to raise money. Employees, friends, family and pets then turned out for a sponsored…
  • Chesterfield Local Hero Awards - Celebrating the best of North Derbyshire

    Spencers Solicitors
    10 Jul 2015 | 6:55 am
    Peak FM's Local Hero Awards offer North Derbyshire the opportunity to recognise and celebrate the amazing achievements of some of their finest community members. With categories ranging from volunteer of the year to outstanding bravery award, those honoured have all in some way inspired and made a difference to our local community. Spencers Solicitors were therefore proud to not only attend the awards ceremony, but to also have the privilege of sponsoring and presenting one of the evening's worthy categories. On the night, Spencers CEO Robert Landman took to the stage to present the 2015…
  • Safer Riding - Keeping you and your horse safe on the roads

    Spencers Solicitors
    19 Jun 2015 | 3:03 am
    I was pony mad as a child and vividly remember the trials of being a young rider (albeit a fairly experienced one) with a highly-strung competition pony. He was used to hacking in the Welsh hills and if I dared take him on the road he would leap spectacularly into the air, akin to a Lipizzaner. I was about 14 at the time, but looking back now, and with experience as a lawyer, I realise what folly it was to go out on the road on that type of pony, without greater forethought. Particularly as this was before the time of riding hats with secure chin straps and the common use of high-vis gear and…
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    White Plains Personal Injury Lawyer Blog

  • JOBS AND RECOVERY

    Dominick J Robustelli &#38; Associates, PLLC
    31 Aug 2015 | 6:46 am
    The last time the County had a disappointing job report was in March, 2015. USA Today, Journal News on April 4, 2015 published an article by John Waggoner entitled” March jobs report falls flat”. The Bureau of Labor Statistics reported the US economy created 126,000 new jobs in March, the lowest since December, 2013 and far below estimates of 248,000 new jobs. However, the unemployment rate remained at 5.5%. in this report. The article concludes that the Federal government is unlikely to raise interest rates. In an article in USA Today Money, Paul Davidson, points out that job seekers…
  • POLICE CHASES CONTINUED

    Dominick J Robustelli &#38; Associates, PLLC
    24 Aug 2015 | 11:07 am
    Now that our last blog dealt with the dangers of police chases to innocent bystanders, we look at alternative to high speed chases. In an article in USA Today – The Journal News by Thomas Frank on August 9, 2015, he points out that “despite dangers of pursuits, police tech is slow to advance”. Despite thousands of deaths among fleeing driver, passengers, innocent bystanders and police, there have been only minor advances in the equipment police use to stop fleeing drivers and avoid injuries and deaths. The Federal Government has funded fledgling technologies but have fallen well short…
  • POLICE CHASES and INNOCENT VICTIMS

    Dominick J Robustelli &#38; Associates, PLLC
    10 Aug 2015 | 12:57 pm
    More than 11,500 people have been killed in police chases since 1979. According to USA Today analysis of U.S. Department of Transportation records, the breakdown of the 11,500 people are 6,301 fleeing drivers, non-violators 5066 and police 139. Thomas Frank published an article in USA Today – The Journal News on July 31, 2015 entitled “High speed police chases have killed thousands”. More than 5,000 bystanders and passengers have been killed in police car chases since 1979 and tens of thousands more were injured as police officers repeatedly pursued drivers at high speeds and in…
  • CYCLISTS & CARS

    Dominick J Robustelli &#38; Associates, PLLC
    31 Jul 2015 | 7:26 am
    The sharing of the road by cars and cyclists can become dangerous. In Westchester County, cars and bicycles collided 414 times resulting in four cyclists’ deaths from January 1, 2009 to May 31, 2012, according to a study done by Tri-State Transportation Campaign. The most collisions occurred in Yonkers with 80, followed by New Rochelle and White Plains, each with 46 collisions. An article on May 21, 2015 was published by The Journal News LoHud.com by K. Hurram Saeed entitled “Cyclists, divers clash over who’s to blame”. The Chief of Police for the Rockland Sherriff’s Office states…
  • FORECLOSURE & ZOMBIE PROPERTIES

    Dominick J Robustelli &#38; Associates, PLLC
    27 Jul 2015 | 6:30 am
    Zombie properties results when residential properties are vacated or abandoned by an owner in default on their mortgages. In an article in the Westchester Business Journal on June 1, 2015 by John Golden, he points out that Gov. Andrew Cuomo recently announced New York State’s agreement with 11 banks, mortgage companies and credit unions that represent 70% of the New York mortgage market. The agreement is to eliminate neighborhood blight of vacant properties where owners face foreclosure. There are about 16,700 zombie properties statewide in 2014. Lenders met to address the zombie property…
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    Oakland Employment Lawyer Blog

  • Micha Star Liberty Nominated for Award

    Liberty Law
    4 Sep 2015 | 7:02 am
    Liberty Law is pleased to announce that Micha Star Liberty is one of this year’s finalists for the Consumer Attorneys of California’s Street Fighter of the Year award. The winner will be announced on November 7. Ms. Liberty was nominated in connection with her work in protecting special needs students from sexual assault. She sued a school district on behalf of a 14 year old special needs student who was sexually assaulted by another special needs student in a high school bathroom. Ms. Liberty was able to show that the school district knew the student was susceptible to sexual…
  • Study Shows Uber Prevents Drunk Driving Deaths

    Liberty Law
    4 Sep 2015 | 2:58 am
    A recent study shows that ride-sharing services such as Uber and Lyft could potentially save thousands of lives every year. Ride-sharing services have had difficulty in obtaining access to some new markets, and they have countered by claiming that they create jobs and provide competition that helps consumers. With the release of this new study, these companies will also be able to assert that their services actually help reduce deaths and serious personal injuries. The study, which was conducted by researchers at Temple University, studied vehicle accidents in the state of California between…
  • Employee in San Francisco D.A.’s Office Filed Wrongful Termination Lawsuit

    Liberty Law
    1 Sep 2015 | 12:58 pm
    A long-time female employee of the San Francisco District Attorney’s office, who has been an employee since 1985, has filed a wrongful termination lawsuit against the SFDA. The lawsuit alleges that the District Attorney fired her without cause, and discriminated against her due to her age. The employee worked as an investigator, and always received positive reviews and raises. In addition, she was promoted five times before she was fired. In August 2014, she was fired from her position as Assistant Chief Victim/Witness Investigator and Director of the Subpoena Division. She was 59, and just…
  • Government Study on Air Traffic Controllers’ Chronic Fatigue Finally Made Public

    Liberty Law
    27 Aug 2015 | 6:21 am
    The results of a study from 2011 regarding fatigue among air traffic controllers have finally been made public. Federal Aviation Administration officials had repeatedly refused to furnish a copy of the report to the press, and now that the Associated Press has obtained a copy of the report, the results are shocking. The report found that most air traffic controllers’ schedules lead to chronic fatigue. The fatigue makes them less alert, which can endanger the safety of the air traffic system. The study was done as a result of a recommendation by the National Transportation Safety Board to…
  • Tech Companies Fighting to Offer Better Paternal Leave Policies

    Liberty Law
    24 Aug 2015 | 6:21 am
    Many technology companies are currently racing to offer better policies for parental leave in an effort to retain their employees. One such company, Adobe Systems, recently announced that it is offering new mothers 26 weeks of paid time off through a combination of medical and parental leave. Previously, it only offered nine weeks of maternity leave. Adobe is also offering other improved leave benefits, including 10 weeks of medical leave for surgery, a medical emergency, or childbirth. The company will also offer 16 weeks of paternal leave to any primary caregiver who becomes a parent…
 
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    Traffic Law Stop's Blog

  • North Dakota Legalizes Weaponized Police Drones

    Casey Coats
    27 Aug 2015 | 3:41 pm
    A new law passed in North Dakota legalizes police drones outfitted with “less than lethal” weapons.  This drone is flown in a demonstration in Simi Valley, California, October 19, 2011. The tiny drone with four whirling rotors swoops back and forth about 200 feet above the ground scouring the landscape and capturing crystal-clear video of what lies below. (Gary Friedman/Los Angeles Times/MCT) Police in North Dakota can now use drones equipped with tasers, tear gas, and rubber bullets. The original intent of the bill was to require police to obtain warrants for the use of drones.
  • Exercising Your Rights at a Traffic Stop

    Casey Coats
    29 Jul 2015 | 2:13 pm
    Dare to exercise your rights during a traffic stop in a courteous manor? Possible lessons to take away from recent events. Yes we have rights in a traffic stop, and yes we should get to exercise them. But your attitude and the manner in which you exercise your rights during a traffic stop gone tense will likely make the difference in whether you make it home from that traffic stop without getting arrested. When a traffic stop becomes tense for whatever reason it may not be SMART to forcefully exercise these rights in a challenging manner. There is a saying “Live to fight another…
  • Checkpoints 101 – Legality? Constitutional Rights? Consent?

    Casey Coats
    11 May 2015 | 9:58 pm
    YOU ASKED ~ WE ANSWERED! Are Checkpoints legal and constitutional or not?  Do I consent to Checkpoints automatically because I have a driver license?  YOU ASKED, WE ANSWERED: DWI Checkpoints ~ Are they legal and constitutional or not? Do I Consent to Checkpoints because I have a driver’s license in MO? The 4th amendment to the Constitution gives us the Right against unreasonable searches and seizures.  Once there’s Probable Cause to believe a crime has been committed a Search and Seizure usually will be determined by a Court to be legally reasonable.  It follows that without…
  • CHECKPOINTS TONIGHT 3/27/15 – 3/28/15.

    Casey Coats
    27 Mar 2015 | 6:24 pm
    Checkpoints tonight & this weekend 3/27/15 – 3/28/15 CLICK for the list!  PLEASE SHARE ~ Designate a Driver! Checkpoints 3/27/15 – 3/28/15  ***Let us know if you see a Checkpoint: text (314) 368-8123, FB message or post to the page, cllick “Make Report” on our FREE App ‘NO MO DUI’ (Get it on Google Play or Amazon) or iPhone www.mobile.nomodui.com **St Charles County Saturday, March 28, 2015, 7:00 PM start: “Operation A.R.R.E.S.T.” Alcohol Related Response Enforcement Strike Team.  (MSHP Troop C) **Rolla March 2015:  will have special…
  • “Positive Ticketing” in Moline Acres.. Yes May I Have Another?

    Casey Coats
    19 Mar 2015 | 8:38 pm
    Moline Acres’ “Positive Ticketing” Program – the first 30 days. Moline Acres’ “Positive Ticketing” Program – the first 30 days. That’s right, the new program is called Positive Ticketing. The STLtoday reported that Moline Acres handed out more than 60 tickets last month to citizens for doing things right.*  Police are conducting traffic stops to reward behavior like stopping fully at a stop sign, putting trash in a trash receptacle, etc. The police are issuing tickets that look like normal traffic tickets but there is no actual court…
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    Tampa Bay Injury Attorney Blog

  • Stay Safe this Labor Day Weekend

    Whittel &#38; Melton, LLC
    2 Sep 2015 | 2:10 pm
    For most, Labor Day weekend symbolizes the unofficial end of summer. As a three-day weekend, this gives many Americans the chance to celebrate with friends and family one more time before fall comes around and the weather gets cooler. Whether you plan on taking one last road trip for a weekend getaway or staying home and celebrating with family and friends, the Tampa Bay Injury Lawyers at Whittel & Melton want you and your loved ones to stay safe! Labor Day Weekend has a high rate of preventable accidents, injuries, and deaths, both on the roadways and at homes across Tampa Bay and the…
  • Motorcyclist Killed in Brandon Collision

    Whittel &#38; Melton, LLC
    20 Aug 2015 | 5:19 pm
    A 33-year-old Plant City motorcyclist was killed in a crash near Brandon early Tuesday. The motorcyclist lost control of his Yamaha around 3:15 a.m. while making a right turn from E Adamo Drive onto northbound U.S. 301, according to the Florida Highway Patrol. The motorcycle hit the raised center median, overturned and came to rest in the path of a northbound Toyota Camry. The car then crashed into the motorcycle. The motorcyclist was transported to Tampa General Hospital, where he later died. There was a passenger on the bike, an 18-year-old Riverview woman, who was taken to St.
  • Semi Crashes into Manatee River

    Whittel &#38; Melton, LLC
    6 Aug 2015 | 4:52 pm
    Slick roads are what caused a semi-truck to travel over a bridge in Manatee County and dive into the water. Fortunately, a Good Samaritan saw the whole thing and came to the driver’s rescue. After the crash, the truck was crushed, sinking and leaking diesel fluid. The 29-year-old New Jersey driver survived the crash with minor injuries. The Good Samaritan was on his boat during the mishap and managed to get the driver out of the truck right in time. The truck’s cab is completely crushed and the entire vehicle remains submerged in the Manatee River. Florida Highway Patrol does not…
  • 4 Men Saved After Boat Capsized Near Sunshine Skyway Bridge

    Whittel &#38; Melton, LLC
    3 Aug 2015 | 4:51 pm
    Four men were rescued on Friday after their boat capsized near the Sunshine Skyway Bridge. A water rescue call came in around 12:52 p.m. for a small boat that had capsized at the bridge, according to St. Petersburg Fire & Rescue. Officials were able to find all of the men – one was clinging to the capsized boat, and three others were found less than a mile off shore floating west of the bridge. All four men that were on the boat had their life vests on. None of the boaters were harmed. Boat accidents can refer to a vast number of incidences and usually occur due to the following…
  • Woman, Boy Drown in Separate Swimming Pool Accidents in Tampa Bay

    Whittel &#38; Melton, LLC
    23 Jul 2015 | 1:51 pm
    A 49-year-old woman has drowned in a family swimming pool in Clearwater, according to authorities. The woman’s mother found her floating in the backyard pool around 5:30 p.m. Monday, according to reports. Police believe the mother unsuccessfully tried to pull her daughter from the pool. She called 911 and paramedics administered CPR upon their arrival. The woman was declared dead a short time later. Also on Monday evening, police reported that a 7-year-old boy drowned in a backyard pool in nearby Pinellas Park. The child was taken to a hospital where he was declared dead. No additional…
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    Boston Metro Business Lawyer Blog

  • Appeals Court Allows Massachusetts Civil Rights Act, Abuse of Process, and Civil Conspiracy Claims in Condo Case

    Richard Mucci
    18 Aug 2015 | 4:15 am
    When the relationship between condominium owners turns sour, the result can sometimes be lengthy and complex litigation, as occurred in the recent case of Wodinsky v. Kettenbach.  This case involved two separate lawsuits that were consolidated for trial. First, the board of trustees of the condominium trust filed suit against the Wodinskys to recover their share of the assessment for a new roof and skylights, late fees, attorney’s fees, and costs, and to place a lien on the Wodinskys’ unit.  The Wodinskys filed suit against Mr. Kettenbach, individually and as trustee of the condominium…
  • The Collection of Zip Codes by Gas Stations and Massachusetts Consumer Protection

    Richard Mucci
    4 Aug 2015 | 4:45 am
    Massachusetts has enacted laws to protect consumers, including a law that prohibits a business from requiring personal identification information, other than that required by the issuer of the credit card, on the credit card transaction form.  Mass. Gen. Laws. Ch. 93 § 105.  A violation of Section 105 is deemed an unfair and deceptive trade practice under section 2 of Mass. Gen. Laws chapter 93A.  Chapter 93A provides that a person who has been injured by an unfair and deceptive trade practice has the right to sue for damages and equitable relief. The U.S. District Court of Massachusetts…
  • Massachusetts Independent Contractor Statute Doesn’t Apply to Real Estate Salespersons

    Richard Mucci
    27 Jul 2015 | 4:35 am
    It is often financially advantageous for a company to classify individuals as independent contractors rather than employees, but the individuals lose the benefits and protections afforded to employees. Massachusetts law prohibits the misclassification of employees as independent contractors.                                                                                                                                                                                                      The…
  • Buyer Beware: Premises Liability Cases Where Customers Serve Themselves

    Richard Mucci
    25 Jun 2015 | 1:10 pm
    In Massachusetts, businesses that allow customers to serve themselves may face liability for hazards created by customers moving the merchandise.  In a recent case, the appeals court decided whether the mode of operation doctrine applies when customer manipulation of merchandise creates a hazard that is not related to the merchandise itself. In Bowers v. P. Wiles, Inc., the plaintiff stepped on a small “river stone” on the sidewalk outside the defendant’s store and fell.  The stone had been in a gravel area where the store displayed merchandise, but it came to be on the sidewalk by…
  • Massachusetts Does Not Require Notice of Adoption to Sperm Donor

    Richard Mucci
    15 Jun 2015 | 6:15 am
    The Massachusetts Supreme Judicial Court recently considered whether notice of an adoption petition must go to a known sperm donor.  In this recent case, a married same-sex couple sought to adopt their son to ensure recognition of their parentage outside of the Commonwealth. The child was conceived during the couple’s marriage, with one spouse being the biological mother and the other spouse’s brother acting as the sperm donor.  The other spouse carried the child.  Both spouses were listed on the birth certificate. The spouses filed a joint petition for adoption and moved to proceed…
 
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    California Innocence Project » Blog | California Innocence Project

  • Letter to the Editor by Richard Gambino

    msemanchik
    28 Aug 2015 | 2:53 pm
    The following letter to the editor appears on the San Diego Reader Incoming! page located here. Liars Before We Hit the Stand Re: “When You’re Guilty til Proved Innocent,” August 20 cover story Brutal conditions, punishment and a high five to the corrections officers who hand out justice, representing all of us, upon those who […] The post Letter to the Editor by Richard Gambino appeared first on California Innocence Project.
  • Innocence March Anniversary

    msemanchik
    28 Apr 2015 | 2:34 pm
    Yesterday, we recognized the two year anniversary of the start of the Innocence March.  On April 27, 2013, Justin Brooks, Mike Semanchik and Alissa Bjerkhoel began a freedom march in San Diego.  712 miles and 55 days later they presented clemency petitions for the California 12 – 12 wrongfully convicted inmates – to the Governor’s […] The post Innocence March Anniversary appeared first on California Innocence Project.
  • DA Expected to Dismiss Charges Against Michael Hanline

    msemanchik
    21 Apr 2015 | 4:26 pm
    FOR IMMEDIATE RELEASE Charges Expected to be Dismissed in California Innocence Project Hanline Case After 36 years in prison, Michael Hanline is longest wrongful incarceration in California history VENTURA, April 21, 2015 – The Ventura County District Attorney’s Office is expected to dismiss the charges against California Innocence Project client Michael Hanline on April 22, […] The post DA Expected to Dismiss Charges Against Michael Hanline appeared first on California Innocence Project.
  • Michael Hanline Release Video

    msemanchik
    20 Apr 2015 | 9:41 pm
    On November 24, 2014, Michael Hanline was released from prison after 36 years for a crime he did not commit.  He is the longest wrongful incarceration in California history.  He walked out of prison into a world entirely unknown to him.  Here’s a video from the day of his release, including his first steps of freedom, […] The post Michael Hanline Release Video appeared first on California Innocence Project.
  • Faulty Memory

    msemanchik
    7 Feb 2015 | 2:40 pm
    For the last few days, Brian Williams has been criticized for his reporting of a 2003 Iraq war story in which he reported his helicopter was shot by an RPG.  On Wednesday, Williams admitted he had misspoke and misremembered how the incident unfolded.  The truth, as was confirmed by several people on Williams’ helicopter, was […] The post Faulty Memory appeared first on California Innocence Project.
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    Atlanta Criminal Lawyer Blog

  • Atlanta Georgia Criminal Defense Lawyer Thomas Nagel discusses O.C.G.A. 15-8-1 Transferring or “binding over” a case from a city to a county court

    Nagel &#38; Associates
    30 Aug 2015 | 1:36 pm
    If you’ve been arrested or charged with a crime that requires you to appear in a city court, traffic court, recorders court, magistrate court or municipal court or anywhere else in the State of Georgia, you have several ways to resolve your case. Your basic options include pleading guilty, not guilty or nolo contendere. If you plead not guilty, your case will be scheduled for a bench trial in that court where the judge will hear the evidence in your case and decide if you are guilty or not guilty. There are no jury trials held in city court.  Your case must be bound over to state…
  • Minor in Possession of Alcohol in Georgia

    Nagel &#38; Associates
    15 Jan 2015 | 10:56 am
    I got a call today from a parent whose child was charged with minor in possession of alcohol in the City of Atlanta Municipal Court. He was driving his parents car. There was a passenger, also under 21, in the car and they were pulled over by the police. The passenger admitted drinking one beer and there was one empty beer can on the floor. He was arrested. The driver said he did not drink anything, took field sobriety tests and took a breath test and tested 0.00. He was still arrested and charged with minor in possession of alcohol because he admitted drinking 1 beer earlier in the evening.
  • Impact of Georgia’s Juvenile Justice Reforms

    Nagel &#38; Associates
    9 Dec 2014 | 4:28 am
    In Georgia, anyone under the age of 17 is considered a juvenile offender and enters a separate system for juvenile offenders, rather than the adult criminal justice system. A judge reviews their cases and decides an outcome. In a worst-case scenario, the outcome of a juvenile case can result in long-term confinement in a correctional facility. However, in most cases, the goal is not punishment, but rehabilitation. Under some circumstances, depending on the juvenile’s age, he or she can be tried as an adult, and his or her case can be transferred to adult court. In the past, too many…
  • Shoplifting Recidivists in Georgia

    Nagel &#38; Associates
    9 Dec 2014 | 4:25 am
    Shoplifting is illegal in Georgia. Shoplifting can be charged when the defendant performed actions with the intent of taking merchandise without paying or of depriving the owner of possession of merchandise or its value. Shoplifting includes altering price tags, switching labels, transferring merchandise between containers, or otherwise causing less to be paid for a particular item. It can be charged as either a misdemeanor or a felony, depending on how much was stolen and whether there were any aggravating circumstances. In a recent appellate decision, a Georgia jury found the defendant…
  • Denial of Bond in Georgia Hit and Run

    Nagel &#38; Associates
    9 Dec 2014 | 4:08 am
    In Prigmore v. State, the defendant was arrested for a hit and run under OCGA § 40-6-270. He was also arrested for vehicular homicide, reckless driving, and driving under the influence of drugs. Under the hit and run statute, a driver of any vehicle that is involved in an accident resulting in injury or death to anybody is required to stop the car at the scene. If the driver can’t stop right at the scene, he or she must stop as close to the scene as possible and go back to the scene to give help to the victims. For a first conviction, the defendant must be fined between $300 and…
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    Tennessee Estate Law Blog

  • Lessons from Paul Newman of what not to do in estate planning

    Jim Higgins
    31 Aug 2015 | 7:09 am
    Estate planning can be a difficult and confusing process. This process can be made even more complicated when you have a business or foundation that your family members may be involved in. This appears to be the case with Paul Newman’s family. The Newman’s Own company and foundation started in 1980 when actor Paul Newman and author A.E. Hotchner began making homemade salad dressing and giving it to neighbors as Christmas presents who came by as they were caroling. Newman’s Own made a profit of almost one million dollars two years later and donated most of it to charity. Then…
  • Why the Sofia Vergara embryo lawsuit is so important

    Jim Higgins
    14 Aug 2015 | 8:32 am
    There has been a lot of news about the Sofia Vergara embryo case. However, beyond the public’s desire to look into the life a celebrity, the reason a case like this so important is because it may affect laws, policies and regulations about how to handle cases similar to this one in the future. It may also help to answer questions about legal obligations in these kinds of cases. The Sofia Vergara embryo case raises questions and sparks debate about things such as what should a judge decide if a woman or a man has undergone subsequent treatment for cancer and is therefore left incapable…
  • So what counts towards a taxable estate?

    Jim Higgins
    27 Jul 2015 | 11:17 am
    Many people may believe that they do not have to be worried about federal estate tax if they do not make a large amount of money, but if you have a substantial amount of life insurance, own a home or have a good retirement account or plan, there are some things you need to think about and consider when it comes to estate tax. If you have questions or concerns about how estate tax may affect you and your family, you should talk to a estate planning lawyer at the Higgins Firm. We will help you to determine the best plan for you and answer any concerns you may have. So, you may be asking what…
  • Tennessee Will Declared Invalid Because of Improper Witness Signatures

    Jim Higgins
    16 Jul 2015 | 4:31 pm
    When someone you love passes away, you may inherit property, money, or other possession if that person names you in a will. If there is no will, then a court may decide who gets to have what and you may get little to no say. It is not only important to have a will though, it is also important that you follow all the rules and guidelines about making sure a will is valid in your state. This is why if you are wanting to have a will drafted, it is a good idea to talk to a estate planning lawyer with the Higgins Firm. We will answer any questions or concerns you may and help you to draft a will…
  • BB King’s daughters claim ‘missing’ Will

    Jim Higgins
    17 Jun 2015 | 5:19 pm
    The world tragically lost a Blue’s icon recently and it looks like the families troubles are continuing in probate court. The four daughters of the late musical icon BB King, Patty King, Karen Williams, Rita Washington and Barbara Winfree, have had their lawyer file new legal documents in probate court, indicating that there is another will by their father who in his 2007 will named his long-time business manager, LaVerne Toney, as the sole executor of the estate. Riletta Mitchell, another daughter was listed second, but she died in September of last year. Apparently, BB King’s…
 
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    Maryland Divorce Lawyer Blog

  • Divorced Couple Battle Fate of Frozen Embryos in Court

    Anthony A. Fatemi, LLC
    31 Aug 2015 | 7:05 am
    When a couple chooses to divorce, there are many issues to address and resolve in order to move forward with their separate lives. Each family law case comes with a unique set of facts that can often dictate how the couple proceeds, to some extent. In an ideal case, the separating spouses will be able to come to an agreement on the most significant issues related to their marriage. And even when the parties do enter into a marital settlement agreement or some other consent agreement, one spouse or the other may attempt to challenge the terms down the road. In order to ensure that your…
  • Maryland Court Decides Child Custody Issue Involving Special Immigrant Status

    Anthony A. Fatemi, LLC
    17 Aug 2015 | 6:29 am
    Maryland courts review virtually every request in a child custody case in accordance with the “best interests of the child” standard. Judges seek to protect the well-being and general welfare of children brought before them, no matter the circumstances. In some cases, courts will intervene when a child is being neglected by his or her parents. In fact, state law protects children from “neglect,” which is legally defined as “leaving a child unattended or other failure to give proper care and attention to a child by any parent . . . under circumstances that…
  • Maryland Court Asserts Personal Jurisdiction Over Non-Resident Putative Father in Child Custody Case

    Anthony A. Fatemi, LLC
    29 Jul 2015 | 10:44 am
    Most states have enacted uniform laws that govern child custody and support issues. Such uniform provisions serve to provide “systematic and harmonized approaches” to family issues that require immediate attention when the parents live in different states or countries. Since such parents live in different states or nations, the first issue that must be resolved is whether the court has proper jurisdiction over the person to handle the child custody or support dispute. The governing statutory frameworks are:  1) the Maryland Uniform Child Custody Jurisdiction and Enforcement Act, or the…
  • Maryland Court Upholds Marital Agreement Dividing Pension Benefits

    Anthony A. Fatemi, LLC
    15 Jul 2015 | 11:07 am
    Under Maryland law, “marital property” is a term used to identify property that was acquired during the length of a marriage. In contemplation of divorce, spouses often seek to divide up marital property by virtue of a settlement agreement. Under Section 8-105 of the Maryland Family Code, courts have the power to enforce the provisions of such agreements. The statute provides that a settlement agreement that has been incorporated, but not merged into the final decree, may be enforced as a judgment or as an independent contract. It is important to understand how these legal rules can…
  • Same Sex Marriage and Divorce Making News Around the Country

    Anthony A. Fatemi, LLC
    26 Jun 2015 | 11:31 am
    As the nation awaits the United States Supreme Court’s imminent and historic decision on same sex marriage, other courts in the country are addressing issues of particular importance to same sex couples:  can they get divorced? Since states draft and enact their own laws governing marriage and divorce, the landscape throughout the country varies a great deal from place to place. A same sex couple who marries in a state where it is legal may find some difficulty obtaining a divorce from a state that does not recognize the union. Divorce laws serve to protect the parties’ rights…
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    Houston Family Law Blog

  • Same-sex couples finally getting the divorces they want in Texas

    On behalf of Shriver & McLean, L.L.P.
    2 Sep 2015 | 3:10 pm
    As someone in a same-sex couple, you've been through a lot while fighting for your equality. Part of the goal you've had may have been to get married, but for some, marriage was already part of the equation. For them, it was divorce that was difficult, particularly in Texas where same-sex marriages were not previously recognized. Two women in Texas took nearly two years to finally get a divorce granted from the state courts. They have been waiting so long due to Texas not recognizing same-sex marriages; however, now that the Supreme Court has decided to make same-sex marriage legal under law,…
  • Divorce mediation is useful for reasonable, but conflicted, cases

    On behalf of Shriver & McLean, L.L.P.
    27 Aug 2015 | 7:45 am
    Going through a divorce can bring up many situations that you may not have expected. You could be dealing with accusations about spending or your purchases, or you could be fighting over child custody. One way to help reduce the struggle in the court room is to use divorce mediation. Divorce mediation isn't well-known by many people, and it may seem like something that no one uses. That's not true, though. In fact, people who are reasonable but unable to resolve their conflicts during divorce on their own can benefit significantly from divorce mediation. A couple may call a divorce attorney…
  • Seek a no-fault divorce by meeting this criteria

    On behalf of Shriver & McLean, L.L.P.
    19 Aug 2015 | 1:36 pm
    While no one wants to think about getting a divorce when they're just starting a marriage, some people do end up having to go through them. To get a divorce in Texas, there are a few legal requirements you must meet. For instance, did you know that you have to be a resident of the state for at least six months before you file for divorce? That can be difficult for people who have just moved into the state, but they do have the choice of filing in their old resident state until that time period passes. Texas is a no-fault divorce state, which means you don't have to prove that anyone has done…
  • Texan woman hides with children for fear of parental abduction

    On behalf of Shriver & McLean, L.L.P.
    14 Aug 2015 | 1:27 am
    Divorces and separations can be hard on anyone, but when there is a serious risk of parental abduction, that's when life can be very difficult for parents and children alike. An Aug. 13 report discussed this problem and how it's affected a woman from San Antonio. She claims she has taken her children into hiding because she thinks their father plans to take them back with him to the United Arab Emirates. The woman claims she fears that her sons will be taken and that she won't see them again. Her husband, who is seeking a divorce, has both of their sons' passports. As of now, the judge has…
  • What are some things you can agree to in prenuptial agreements?

    On behalf of Shriver & McLean, L.L.P.
    4 Aug 2015 | 1:07 pm
    Premarital agreements are specifically defined as agreements made between prospective spouses when they're considering marriage. The agreement doesn't go into effect until the marriage takes place, but then it becomes legal. In these agreements, property, as a term, refers to all present or future property. It can include income, earnings and physical property. If you're considering having a prenuptial agreement for your marriage, remember that you must have the agreement in writing before it can be considered by the court. This is a step your lawyer can help with, because it must also be…
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    Morristown Personal Injury Law Blog

  • Pedestrians and passengers are often victims of auto accidents

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    3 Sep 2015 | 12:00 pm
    Pedestrians are already the most vulnerable New Jersey residents on the roads, and many rely on drivers to follow traffic laws and pay attention. Passengers in a motor vehicle are also in the same position, and are at the mercy of a driver to whom they entrusted their lives. Sadly, many drivers betray that trust and their duty to others on the road, which means that pedestrians and passengers are often the victims of auto accidents during which they have no control over their fates. At approximately 2 p.m. on a recent Thursday, a 29-year-old teacher was running along the southbound lane of…
  • Sometimes, injured victims of car accidents do not survive

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    27 Aug 2015 | 4:35 am
    When a New Jersey family hears that a loved one was seriously injured in a car accident, they have hope that person will recover and be able to get back to his or her life at some point. Sadly, however, some seriously injured victims of car accidents ultimately succumb to their injuries. This is the situation one family is facing when a young family member died just days after being involved in a crash on Route 80 here in New Jersey. According to the New Jersey State Police, a dump truck was parked on the shoulder of the eastbound side of Route 80. The vehicle that the boy was in slammed into…
  • New Jersey consumers need to keep aware of dangerous products

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    20 Aug 2015 | 5:29 am
    Like many other consumers around the country, New Jersey residents are growing more particular about the food they eat for many reasons, including their health. Therefore, when dangerous products make their way into grocery stores, consumers need to know as quickly as possible. Good Seed Inc., which distributes soybean and mung bean sprouts, has been part of three recalls so far this year for possible Listeria monocytogenes contamination. People who have compromised immune systems could contract a deadly infection from Listeria. Healthy individuals could still become seriously ill and suffer…
  • Merging causes numerous car accidents on the Turnpike

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    11 Aug 2015 | 6:51 am
    One of the most dangerous times for any driver on the New Jersey Turnpike is when a vehicle is merging into traffic. If not done correctly, the results can be devastating. Many people suffer serious injuries or die in the numerous car accidents caused by drivers who failed to properly merge onto the turnpike. For instance, troopers with the New Jersey State Police recently responded to a crash on the Turnpike involving two vehicles. Preliminary reports noted that as a pickup truck began to merge onto the roadway, the 21-year-old driver failed to yield the right-of-way to another vehicle.
  • Will family file wrongful death suit against dump truck driver?

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    6 Aug 2015 | 12:10 am
    Some crashes are truly accidents and neither party is determined to be criminally liable. However, that does not necessarily preclude either party from civil liability. New Jersey is a comparative negligence state. For instance, in a wrongful death claim, as long as the loved one of the family seeking restitution is not found to be more than 50 percent responsible for the accident by the court, damages could be awarded. A woman was recently crossing the street when a dump truck struck her. The preliminary investigation into her death revealed that she had the right-of-way, but so did the…
 
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    Columbus Personal Injury Law Blog

  • Defective medical devices: FBI investigates morcellator risks

    By D. Andrew List
    4 Sep 2015 | 8:51 am
    Defective medical devices update:  The FBI has launched an investigation into whether a medical device manufacturer was aware that use of the surgical device was potentially dangerous. The FBI investigation is focusing on the danger surrounding use of power morcellators in general and on Johnson & Johnson, the leading manufacturer of the devices before Johnson & Johnson voluntarily withdrew its products from the market. Prior to an FDA safety alert in April 2014, power morcellators were frequently used in laparoscopic hysterectomies.  Approximately 500,000 hysterectomies are…
  • Ohio car accident leaves driver dead, multiple passengers injured

    On behalf of Dale Perdue
    4 Sep 2015 | 5:34 am
    When individuals are traveling at high rates of speed, it can be difficult to keep a vehicle under control. Losing control is the cause of numerous car accidents that take place every year, and more often than not, these crashes have sobering results. Because individuals can be seriously injured in such a car accident, personal injury claims could result. Such claims may stem from a recent accident that took place in Ohio. It was reported that an 18-year-old girl was driving a vehicle when she apparently lost control. Witnesses reportedly stated that the vehicle was speeding when it left the…
  • Dangerous drugs: Xarelto lawsuits mount

    By D. Andrew List
    3 Sep 2015 | 1:00 pm
    Xarelto, one of the dangerous drugs currently on the market, has been blamed for numerous injuries in users as a result of excessive bleeding. Injuries include excessive gastrointestinal bleeding, brain hemorrhaging and death. In December 2014, a multi-district litigation ("MDL") was established in the Eastern District of Louisiana.  According to court records, 1,231 lawsuits have now been consolidated in that MDL as of August 17, 2015.  In one month alone, 400 lawsuits were filed.  Currently, "bellwether" cases are being selected for trial. Xarelto is one of the "new…
  • Dangerous drugs: New study links Risperdal to Gynecomastia

    By D. Andrew List
    2 Sep 2015 | 10:05 am
    In dangerous drugs news, a newly released study supports claims that Risperdal can result in gynecomastia in boys and young men.  "Gynecomastia" is the medical term for male breast enlargement.  This condition can result in serious psychological trauma and painful surgery to remove excess breast tissue.  In August 2015, the result of a new study was published in the Journal of Child and Adolescent Psychopharmacology.  Researchers from the University of British Columbia found that use of Risperdal in teens and young men may increase the chance of…
  • Motorcycle, SUV accident results in injuries in Ohio

    On behalf of Dale Perdue
    2 Sep 2015 | 5:35 am
    When an accident takes place, authorities have the duty of gathering as much information as possible about the situation from individuals who may have witnessed the event. This information could provide knowledge on the actions of drivers that may not be immediately clear from physical evidence. Whether they are investigating an SUV accident or another type of motor vehicle crash, the information that police are able to gain could prove vital in determining fault. It was recently reported that an accident in Ohio involved a motorcycle and an SUV. Reportedly, the driver of the…
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    North Texas Legal News

  • Could Your Restaurant Be Violating A Federal Wage Law?

    Leiza Dolghih
    31 Aug 2015 | 11:31 am
    In the words of the Fifth Circuit Court of Appeals, “this case concerns coffee and tipping.”  More specifically, Montano v. Montrose Restaurant Associates, Inc. concerns a question of whether a restaurant violated Fair Labor Standards Act (FLSA) by requiring waiters to share their tips with the restaurant’s “coffeman.”  The district court dismissed the waiters’ claim, but the Fifth Circuit reversed the ruling and send the case back to the district court to determine whether the coffeman was a “regularly tipped employee.” If you own a…
  • Two Common (and Costly) Mistakes in Trade Secrets Litigation

    Leiza Dolghih
    18 Aug 2015 | 3:02 pm
    Trade secrets litigation can be expensive, and if you can avoid it by implementing the measures that I’ve previously described here, then you are off to a good start.  But if your trade secrets have been misappropriated and you have no choice but to go to court, here are two important issues that are often not given enough attention until much later into a lawsuit, when it’s, often, too late. How will your company’s trade secrets be protected during the lawsuit? Typically, when sensitive information is going to be exchanged by the parties to a lawsuit during litigation,…
  • Is Your Non-Compete Enforceable in Texas?

    Leiza Dolghih
    26 Jul 2015 | 8:37 pm
    Many a business owner has been tempted to save a few hundred dollars by using a non-compete agreement found somewhere on the web or bought from Legalzoom or the like.  The problem with such an approach is, of course, that every state has different rules about what makes a non-compete agreement enforceable. What might be enforceable in one state, might be a worthless piece of paper in another. This is why obtaining a form non-compete agreement, without verifying its enforceability in Texas, is dangerous. It is also dangerous not to update employees’ non-compete agreements, as the…
  • It’s All Fun And Games Until An “Old Fart” Files An Age Discrimination Lawsuit: A Lesson for Employers from the Fifth Circuit

    Leiza Dolghih
    19 Jul 2015 | 9:33 pm
    Okay, so George Clooney was not involved in this case, but he has one thing in common with the employee who filed the age discrimination claim in Goudeau v. National Oilwell Varco, L.P. – they are almost the same age. When Maurice Goudeau was terminated by National Oilwell Varco (NOV) in 2011, he was 57 years old and had been working for the company and its predecessors for 18 years. Approximately 12 months before his termination, he began working with a new supervisor, who told him that “there sure [were] a lot of old farts around here,” asked Goudeau about the age of two…
  • A Placed Employee Embezzles $15 Million. Is the Staffing Agency Responsible?

    Leiza Dolghih
    17 Jul 2015 | 11:33 am
    The answer, of course, is “maybe.” In this case, a staffing agency placed a receptionist with a company, who, after being promoted to the head of accounting, proceeded to embezzle $15 million in the course of eight years. When the company discovered the theft, it sued the staffing agency arguing that it should have conducted a criminal background check on the woman (she had a prior theft record) before placing her with the company and that the staffing agency failed to notify the company of the woman’s criminal record when it discovered it at some point after she had…
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    Galveston Pharmaceutical Products Law Blog

  • It is often the side effects that create a dangerous drug

    On behalf of Hodge Law Firm, PLLC
    2 Sep 2015 | 10:00 am
    Nearly everyone has heard the saying that, in some cases, the cure can be worse than the disease. It is often the side effects that reveal a dangerous drug and cause harm to the people it is supposed to help and/or heal. Texas patients can suffer irreversible damage or even die after taking a medication that was meant to improve a condition, but instead caused another medical calamity. Some of the catastrophic effects that you or a loved one can suffer from include damage to a multitude of organs, strokes or excessive bleeding. Some people have even been diagnosed with cancer after…
  • Are the side effects of Addyi worth its marginal success?

    On behalf of Hodge Law Firm, PLLC
    28 Aug 2015 | 5:02 am
    Some women in Texas would say that a "female Viagra" has been a long time coming. The pill is being marketed as Addyi and will be released by Sprout Pharmaceuticals on Oct. 17. Despite the fact that the Food and Drug Administration has given the drug its seal of approval, some are wondering if the potential side effects are worth its marginal success. Studies indicate that the drug only helps approximately 8 to 13 percent of women who take it. One doctor called Addyi a "mediocre aphrodisiac" that comes with side effects that are frightening. Clearly, drugs come with some sort of side effect,…
  • Failure to heed FDA warning could lead to catastrophic injuries

    On behalf of Hodge Law Firm, PLLC
    19 Aug 2015 | 7:08 am
    Most Texas residents would agree that technological advances in medicine help save and extend lives. However, as the technology increases, so do the risks that something could go wrong. In fact, the Food and Drug Administration recently issued a warning that, if not followed by hospitals, could cause catastrophic injuries to patients. A company called Hospira makes the Symbiq medical pump. The device is used to administer and monitor intravenous medications given to patients. Unfortunately, the FDA discovered that the medical pump was vulnerable to cyber attacks. The pump receives and…
  • Some drug companies fail to timely report dangerous drugs

    On behalf of Hodge Law Firm, PLLC
    12 Aug 2015 | 1:29 pm
    Texas readers may not be aware that, according to the Food and Drug Administration, drug companies are required to report any adverse side effects within 15 days of receiving any information. However, some drug companies fail to timely report dangerous drugs, which means that they could be taken by patients and putting their lives at risk. Research shows that as many as 10 percent of the mandatory reports do not make it to the FDA within the specified time limit. Researchers reviewed instances of serious or life-altering side effects over a 10-year period and discovered that approximately…
  • Robotic surgery devices can cause catastrophic injuries

    On behalf of Hodge Law Firm, PLLC
    5 Aug 2015 | 9:01 am
    Technological advances in surgical procedures have saved the lives of numerous Texas residents in recent years. Robotic surgery devices saved many of these lives. However, these devices have also been known to cause catastrophic injuries to patients -- some of whom lost their lives. A recent study found that robotic devices caused 10,624 so-called adverse events over the last 14 years. The overwhelming majority of those events, 8,061, were due to the malfunction of the devices used. The remaining events included 1,391 injuries to patients and 144 deaths. Only 5 percent of the adverse events…
 
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    New Haven Personal Injury Law Blog

  • Three lawsuits consolidated after Interstate 95 crash

    On behalf of Jacobs & Dow, LLC
    30 Aug 2015 | 11:48 am
    A truck-car accident in Waterford that killed three of the four occupants of the car has led to four lawsuits on behalf of the deceased, three of which have now been combined into a single action. The accident occurred when traffic on Interstate Freeway 95 had slowed because of an earlier accident. The truck rear-ended the passenger car. One of the two children of the driver, who was seriously injured, died at the scene; her boyfriend and her other child died later from the injuries that they sustained. The driver of the car filed lawsuits for personal injury and wrongful death against the…
  • Pedestrians face risks posed by distracted driver mistakes

    On behalf of Jacobs & Dow, LLC
    28 Aug 2015 | 11:49 am
    Pedestrians usually end up being the losers in an auto-pedestrian accident. Rules, such as those requiring drivers to yield the right of way to pedestrians in crosswalks, have been enacted into law in Connecticut in an effort to protect people from drivers whose failure to yield can prove deadly. Unfortunately, laws cannot prevent a person from being injured while walking on the street when drivers ignore them. Such was the situation recently on a street in New Haven when motorist’s failure to observe a woman crossing the street resulted in her being taken to the hospital for medical…
  • Strategic considerations following a drunk-driver accident

    On behalf of Jacobs & Dow, LLC
    24 Aug 2015 | 6:55 pm
    Getting into any car accident with another driver is never a good thing, but being involved in an accident that involves a drunk driver almost always makes things worse. Drivers under the influence of alcohol frequently engage in behaviors that make accident consequences more serious, such as driving too fast or crossing the centerline to cause a head-on collision. If there is anything that might qualify as "good news" about getting into a vehicle collision with a drunk driver, it may be that establishing fault can be easier to prove, and that may also make the other driver's insurance…
  • Distracted walking" -- how serious a problem is it?

    On behalf of Jacobs & Dow, LLC
    22 Aug 2015 | 6:57 pm
    When vehicle-pedestrian accidents occur, the temptation is to automatically blame the driver. But is this always the case? Evidence suggests that the inquiry should be more open to examining the behaviors of the pedestrians as well. Distracted driving is a recognized phenomenon in Connecticut and elsewhere in the United States; states are increasingly enacting laws to penalize drivers who text and drive or otherwise use handheld devices. But the next time you are walking downtown, look about you and see how many people are walking and texting at the same time, or who have their headsets on…
  • How worn tires could lead to car accidents

    On behalf of Jacobs & Dow, LLC
    18 Aug 2015 | 9:14 am
    Your tires are some of the most important parts of your car. Yet, they are often the most ignored, unless one pops or otherwise goes flat. Yet, not doing proper maintenance of your tires could lead to a greater risk of accidents, especially on Connecticut’s slick winter roads. Even when the tread is only halfway worn, tires lose a significant amount of grip. The National Highway Traffic Safety Administration recently conducted a study on 11,500 vehicles. Of those, nearly half had at least one tire with a tread that was worn out, and 10 percent had a tire that was completely bald.  Worn…
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    Rosen Louik & Perry, P.C.

  • How long does a patient have to file a medical malpractice suit?

    On behalf of Neil Rosen of Rosen Louik & Perry, P.C.
    4 Sep 2015 | 5:55 am
    Hopefully most people in Pittsburgh will not be affected by medical malpractice. But when it does occur patients should know they have legal rights. These rights including holding the medical professional accountable for their negligence including a failure to diagnose a medical condition. So how long does a patient have to file a medical malpractice lawsuit in PA? In Pennsylvania a patient has 2 years to bring a medical malpractice case. The two years is from when the injury is discovered or when the injury should have been discovered. A minor who has been injured has until 2 years after he…
  • Did pediatric surgery center use dirty equipment on patients?

    On behalf of Neil Rosen of Rosen Louik & Perry, P.C.
    2 Sep 2015 | 5:56 am
    When a person needs to have surgery in Pittsburgh it can be nerve-wracking. Surgery is stressful no matter how routine it is. When the surgery is performed on a pediatric patient parents can often feel helpless. A pediatric surgery center is in the news because it may have performed thousands of surgery with dirty equipment, putting these patients at risk of a surgical error. When a person goes into surgery they are told of the risks that they may face. But the explained risks assume that the equipment used to perform the surgery will be sterilized. This appears to not be the case in a…
  • Undiagnosed meningococcal meningitis in young ones can be deadly

    On behalf of Neil Rosen of Rosen Louik & Perry, P.C.
    28 Aug 2015 | 8:23 am
    Residents of Pittsburgh who have children know how many worries these children can bring. Parents often worry about whether their babies have adequate growth, if what appears to be a cold is actually something serious, if their child has a learning disability and a million other worries. But when a serious medical condition is missed because of a failure to diagnose it can quickly become a parent's worst nightmare. Meningococcal meningitis is a serious bacterial infection that generally affects babies and young children but can affect anyone. If babies do not receive a timely diagnosis of…
  • Neonatal coarctation of the aorta is frequently missed

    On behalf of Neil Rosen of Rosen Louik & Perry, P.C.
    26 Aug 2015 | 7:17 am
    New parents in Pittsburgh are often overjoyed at their new arrival. They have been filled with excited anticipation for months prior to their baby's arrival. But while most babies arrive healthy, occasionally there is a failure to diagnose of a major medical problem. Coarctation of the aorta is one such condition that is commonly missed before the baby arrives or after it is born. Coarctation of the aorta is a narrowing of the aorta, the main blood vessel carrying blood from the heart. When there is coarctation, the left ventricle has to work harder. If the coarctation is severe it can lead…
  • Have you been affected by a failure to diagnose cancer?

    On behalf of Neil Rosen of Rosen Louik & Perry, P.C.
    21 Aug 2015 | 2:15 pm
    Many Pittsburgh residents have been affected by cancer in some way--whether by a family member being diagnosed, a close friend or even themselves. When a doctor says that you have cancer it can sound like the worst thing that has ever happened. But occasionally, not hearing a proper diagnosis can be even worse. Negligence can occur when a physician has fails to diagnose cancer in one of his or her patients. Cancer is a disease that no one ever wants to hear they have. But many cancers are curable if they are caught in time. Common cancers such as breast, skin, and prostrate all have high cure…
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    Los Angeles Bankruptcy Lawyer Blawg

  • City of San Bernardino, California’s Bankruptcy Case Results in Multitude of Legal Disputes

    Devin Sawdayi
    29 Aug 2015 | 7:40 pm
    The City of San Bernardino joined a number of cities around the country by filing for bankruptcy in 2012. See In re City of San Bernardino, 499 B.R. 776 ((Bankr. C.D. Cal 2013). While a municipal bankruptcy differs from a personal or business bankruptcy in numerous important ways, the legal conflicts that have arisen from the case can be similar to disputes that individuals and families may face with their creditors. A U.S. district judge in Los Angeles recently ruled on what he called “a trilogy of meritless appeals” by the San Bernardino City Professional Firefighters Local 891 (SBCPF).
  • Court Rules that Fines Under California’s Private Attorney General Act Are Not Dischargeable in Chapter 7 Bankruptcy

    Devin Sawdayi
    14 Aug 2015 | 12:09 pm
    A California federal district court ruled that fines assessed under a California law that allows employees to enforce state labor law as “private attorneys general” are not dischargeable in a Chapter 7 bankruptcy proceeding. Medina v. Poel, No. 1:14-cv-01302, order (E.D. Cal., Jan. 20, 2015). Federal bankruptcy law excepts certain fines and other penalties payable to a government entity from discharge. 11 U.S.C. § 523(a)(7). The debtor argued that any damages awarded in a lawsuit brought by an individual under the California Private Attorney General Act (PAGA), Cal. Labor Code § 2698 et…
  • Chapter 7 Bankruptcy Case Reopened for Creditors Left Out of Debtor’s Schedules

    Devin Sawdayi
    7 Aug 2015 | 8:18 am
    A bankruptcy court reopened a Chapter 7 case after granting a discharge on the debtor’s motion, although not for the reason stated by the debtor. In re Sullivan, No. 11-38246-A-7, memorandum (Bankr. E.D. Cal., Feb. 23, 2015). The debtor asked the court to reopen the case in order to amend the schedules to include one or more creditors who had not been included at the beginning of the case. The court held that amending the schedules was not necessary under the circumstances, but it also noted that the creditors may be able to claim an exception to discharge under 11 U.S.C. § 523. The court…
  • Chapter 13 Case Dismissed Due to Failure to Disclose Prior Bankruptcy Filings, Other Acts Deemed in Bad Faith

    Devin Sawdayi
    30 Jul 2015 | 8:26 am
    A bankruptcy court granted a Chapter 13 trustee’s motion to dismiss a debtor’s case and barred the debtor from further bankruptcy filings, in any district in the country, for a two-year period. In re Weik, No. 14-61298, mem. dec. (Bankr. D. Mont., Feb. 24, 2015). The trustee had argued that the debtor was ineligible for bankruptcy relief because of recent prior bankruptcy cases, 11 U.S.C. § 109(g)(1); that the debtor had abused the bankruptcy process; and that he was not seeking bankruptcy relief in good faith. The debtor filed a Chapter 13 petition in approximately October 2014.
  • Tax Penalties Accrued More than Three Years Before Bankruptcy Filing Date Are Dischargeable, Court Rules

    Devin Sawdayi
    24 Jul 2015 | 12:04 pm
    Federal bankruptcy law allows debtors to discharge tax penalties if they meet certain criteria. The Internal Revenue Service (IRS) may penalize individual taxpayers for failing to file a tax return by the April 15 due date, 26 U.S.C. § 6651(a)(1). These penalties are dischargeable in bankruptcy if the “transaction or event” that resulted in the penalty happened at least three years before the filing date. 11 U.S.C. § 523(a)(7)(B). A California bankruptcy court recently considered when the “transaction or event” leading to penalties for a late-filed tax return actually occurred. The…
 
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    Maryland Criminal Lawyer Blog

  • Maryland Court Upholds Legality of Vehicle Search During DUI Arrest

    Anthony A. Fatemi, LLC
    25 Aug 2015 | 7:08 am
    Driving under the influence of drugs or alcohol is far too common in Maryland and throughout the entire country. According to statistics provided by the National Highway Traffic Safety Administration, an estimated 1.5 million people are arrested for DUI in a given year. To put it another way, one out of every 121 licensed drivers was arrested for drunk driving last year. These are alarming statistics and not to be taken lightly. But it is important to keep in mind that a driver pulled over for DUI may be entitled to assert a defense to the manner in which the arrest took place. Every case is…
  • Highest Court in Maryland Denies Suppression of Cell Phone Data

    Anthony A. Fatemi, LLC
    10 Aug 2015 | 6:21 am
    The quality of the evidence and the manner in which it is obtained are the two critical components of any criminal case. For instance, every citizen is entitled to the Fourth Amendment protections from an illegal search and seizure. A person who is arrested or charged with a crime must look closely and carefully at how the evidence was collected. If there is a question as to the legality of the search and seizure, one may move to “suppress” the evidence. Since each case is unique and entirely fact-specific, it is critical that you contact an experienced Maryland criminal defense…
  • Maryland Court Rules Call Records Inadmissible as Hearsay

    Anthony A. Fatemi, LLC
    23 Jul 2015 | 10:46 am
    Each state enacts rules of evidence that govern the admissibility of various kinds of information and testimony during a court proceeding. Most people have heard of something called “hearsay” – a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. Hearsay is typically inadmissible, subject to certain enumerated exceptions. In any criminal case, no matter what the charges, it is important to fully understand the rules of evidence and how they can strengthen one’s defense. If you have…
  • Maryland Court Rules Evidence Sufficient to Support “Possession” of Contraband Drug Convictions

    Anthony A. Fatemi, LLC
    8 Jul 2015 | 10:33 am
    The outcome of a criminal case often depends in large part on the sufficiency of the evidence in light of established Maryland law. There are many defenses that may be asserted with respect to allegedly incriminating evidence. When a person is charged with criminal possession of contraband, courts have held that such possession may be constructive (rather than actual) or joint (rather than exclusive). These distinctions are important and can dramatically affect the result of a criminal case. A person charged with criminal possession of any controlled dangerous substance must take the matter…
  • Maryland Court Finds Evidence Sufficient To Support Driving Under the Influence of Alcohol Convictions

    Anthony A. Fatemi, LLC
    19 Jun 2015 | 6:26 am
    Under Maryland law, crimes are divided into two groups:  misdemeanors and felonies. Most people know and understand that a felony is considered more serious and typically accompanied by a longer sentence. But a conviction of either type of crime can affect a person’s life in many ways. A common misdemeanor is driving while under the influence of alcohol.  A person may be arrested or charged with this crime based upon proof that the person was actually witnessed driving under the influence in the present tense, or based upon a “permitted inference” that he or she drove…
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    Cape Cod Injury Lawyer Blog

  • Massachusetts Family Seeks Injunctive Relief and Damages Concerning Son’s Alleged Sensitivity to Powerful WiFi at Fay School

    John C. Manoog III
    27 Aug 2015 | 3:09 pm
    The idea of holding a person, business, or government accountable for harm that can be felt but not seen is nothing new. For instance, there have been a number of successful lawsuits filed by farmers who claimed that stray voltage harmed their dairy cattle and consequently their bottom lines. Now, a Massachusetts family has reportedly filed a lawsuit alleging that a school’s use of Wi-Fi technology has harmed their son, who they allege has a heightened sensitivity. Allegations in the Complaint The parents’ 26-page complaint, which was filed in federal district court on behalf of…
  • Continuing Treatment Doctrine Can Toll the Statute of Limitations in a Massachusetts Medical Malpractice Case – Parr v. Rosenthal

    John C. Manoog III
    25 Aug 2015 | 1:02 pm
    For most civil actions, the state imposes a statute of limitations that limits the time during which an aggrieved party may file a lawsuit seeking redress for an alleged act of wrongdoing. For malpractice cases in Massachusetts, the statute of limitations is generally three years from the date that the cause of action accrued. Although this may seem straightforward, it is not always as easy as it may appear at first glance. This is because the date “that the cause of action accrued” is subject to much interpretation. Accordingly, even judges don’t always agree on the exact…
  • NHTSA Imposes Largest Penalty Ever on Fiat Chrysler

    John C. Manoog III
    21 Aug 2015 | 11:23 am
    The National Highway Traffic Safety Administration (NHTSA) recently slapped the biggest penalty in its history on Fiat Chrysler due to, among other issues, the company’s failure to repair unsafe vehicles pursuant to the Motor Vehicle Safety Act (“the Act”). Established in 1970, the NHTSA is a branch of the federal government dedicated to motor vehicle and highway safety, including taking steps to resolve, mitigate, and control the risk of harm to the motoring public. Detailed, up-to-date recall information about vehicle recalls and related issues can be found on its…
  • Massachusetts Town Owed Duty of Care to Student-Athlete on Visiting Varsity Baseball Team – Murray v. Town of Hudson

    John C. Manoog III
    6 Aug 2015 | 3:15 pm
    While negligence law generally serves to hold those who owe and breach a duty of care to others responsible for any resulting harm proximately caused by the breached duty, this is not always so for governmental entities such as cities, towns, and states. Under the doctrine of sovereign immunity (sometimes expressed as “rex non potest peccare,” which means “the king can do no wrong”), the government cannot be held liable in suit unless it consents to be sued. This is typically done via statute and often comes with “strings” in the form of special…
  • Inconsistent Verdict of Massachusetts Jury in Car Accident Case Results in New Trial – Rose v. Farina

    John C. Manoog III
    27 Jul 2015 | 4:25 pm
    In a court of law, there are many different roles – judge, attorney, court reporter, bailiff, juror, etc. Each person has a specific job, and the sanctity of the legal system depends upon each job being carried out correctly. While the judge is charged with the responsibility of interpreting the laws and ruling on the various motions filed by the parties, it is the jury that is the trier of fact. As a result, jurors determine which witnesses are to be believed and which party should prevail based upon the evidence. In personal injury cases such as those arising from car accidents,…
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    Kalamazoo Estate Planning Law Blog

  • What type of roads in Michigan see the most deadly crashes?

    On behalf of Shaun Patrick Willis J.D.
    4 Sep 2015 | 10:57 am
    There are many different types of roads here in Michigan: interstate highways, U.S. highways, state routes, county roads, local streets, etc. Each type of road has its own unique aspects and its own special traffic safety concerns related to it.  On what type of roads in the state do the most fatal motor vehicle accidents occur? Some might assume that the answer would be state/U.S. interstates, highways or routes, given the high traffic volume and high vehicle speeds often seen on such roads. However, such an assumption would be incorrect. According to traffic statistics, county…
  • Depression may impact health care costs for the elderly

    On behalf of Shaun Patrick Willis J.D.
    3 Sep 2015 | 11:02 am
    Depression is not uncommon among elderly individuals. Some estimates put the percentage of the over-70 population that suffers from depression at 20 percent. Seniors can be impacted by this mental condition in a wide range of different ways. In addition to the many negative effects depression can have on an elderly individual's everyday life, it could potentially also impact how big of bills they are facing in relation to health care. According to some estimates, elderly individuals who suffer from depression average 50 percent more in the way of health care costs than elderly individuals…
  • Unexpected events and small businesses

    On behalf of Shaun Patrick Willis J.D.
    27 Aug 2015 | 7:57 am
    Unpredictability is a very scary thing for businesses. For both financial and stress-avoidance reasons, business owners generally want things to be as predictable as possible when it comes to their business. The unfortunate reality though is that unexpected events do sometimes happen to businesses.  Unexpected events, when they occur, can pose financial challenges for companies. This can particularly be the case for small businesses. Given their smaller size, such businesses can be particularly heavily impacted by financial fluctuations, which unexpected events sometimes trigger.  Thus,…
  • Gender, the elderly and retirement

    On behalf of Shaun Patrick Willis J.D.
    24 Aug 2015 | 12:17 pm
    Not all seniors have the same experience in their elderly years. Elderly individuals are a very diverse group. A variety of different individual characteristics of an elderly individual have the potential to have significant impacts on the types of challenges and issues they could end up facing when it comes to important things like retirement, health care and their family.  This includes their gender, as is underscored by some estimates from the U.S. Census Bureau and the Employee Benefit Research Institute. These estimates indicate that women may have some special challenges to deal with…
  • The potential cost-saving benefits of self-driving cars

    On behalf of Shaun Patrick Willis J.D.
    21 Aug 2015 | 7:51 am
    Owning a car can very much open up a person's general travel options. However, it can also be very expensive. There are a wide range of different expenses that go along with owning a car, and these expenses can add up to substantial amounts of money. A major on-the-horizon development in automobile technology could have the potential to lower these expenses for drivers. Is it believed that self-driving cars, once they eventually become commercially available, could help cut down the costs of owning a car. Examples of some of the ways such cars could potentially save vehicle owners money are:…
 
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    Corinth Personal Injury Law Blog

  • How to apply for social security disability in Mississippi

    On behalf of Wood & Carlton, P.C.
    4 Sep 2015 | 5:11 am
    Are you permanently disabled? Are you unable to work for the next 12 months? You may want to consider filing a Social Security Disability (SSD) claim. This article will cover who is eligible for SSD and how to apply for these benefits. To apply for SSD, you must be at least 18-years-old. Next, an applicant cannot currently receive Social Security benefits. In addition, all applicants must not be able to work for at least 12 months or know that their injury will result in death. Finally, a successful applicant cannot have a denied disability benefit in the last 60 days. A disability benefit…
  • End of summer Mississippi drunk driving crackdown

    On behalf of Wood & Carlton, P.C.
    27 Aug 2015 | 5:47 am
    In Mississippi, students will be returning to school within the next few weeks. Though school will be back in session, the official end to summer does not occur until after Labor Day, which means many Mississippians will keep the party going until then. Entertaining and attending parties are a big part of summer fun. Sometimes, the party can turn deadly when individuals get behind the wheel, while under the influence of alcohol. To help decrease drinking and driving throughout the United States, the National Highway Traffic and Safety Administration (NHTSA) has launched their annual "Drive…
  • What are the symptoms of Mississippi cerebral palsy?

    On behalf of Wood & Carlton, P.C.
    19 Aug 2015 | 5:56 am
    Babies are very delicate. It is common knowledge in Mississippi that their bodies must be properly supported when they are being held. Caring for a child begins long before birth. Pregnant mothers are encouraged to eat healthy foods, take supplements and visit their physician on a regular basis. The purpose of all of this care is to aid in the delivery of a healthy child. Despite all of this special care, it is not certain that a healthy child will be born. Cerebral palsy is one of the most common birth defects that can occur. This occurs when there is trauma to an immature developing brain.
  • What is the responsibility of injured Tennessee workers?

    On behalf of Wood & Carlton, P.C.
    13 Aug 2015 | 6:14 am
    A July post covered the responsibilities of Tennessee employers when an employee is injured. This week's post will cover the responsibilities of injured Tennessee employees and the rights that are endowed to them by law. Having a clear understanding of these may help claimants find relief more efficiently. The first responsibility of an injured worker is to report the injury in a timely manner. Timely in the state of Tennessee translates to within 30 days of the injury. The law includes weekends in the 30 day calculator. As soon as an employee knows or reasonably suspects that he or she has…
  • Fatal car accident statistics in Mississippi

    On behalf of Wood & Carlton, P.C.
    7 Aug 2015 | 8:18 am
    Mississippi has some of the most worrisome traffic accident statistics in the nation. Earlier this year, this blog noted a study that found that our state has the highest rate of car accidents per capita. Another study shows that Mississippi has among the nation's highest fatality rates in traffic accidents. The study, by the Insurance Institute for Highway Safety Highway Loss Data Institute, shows that there were 558 fatal car accidents in Mississippi in 2013 (the most recent year for which statistics were available) resulting in 613 deaths. Factoring in the state's population of just less…
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    Pardon Services Canada » Blog

  • Success Stories: Brendan from London

    Paul Pardons
    2 Sep 2015 | 11:00 pm
    Seeing our clients succeed is our #1 goal. Here’s Brendan from London, Ontario who recovered from his mistake and kept his past from limiting his future. “When I was younger, I did some things I’m definitely not proud of.  To this day, I don’t like thinking about the stupidity of my actions back then.  I was an immature, out-of-control hothead making horrible decisions left and right.  Several things happened that helped me change, the most important being that I became a single dad.  I had to grow up in a hurry for the sake of my child.  It seemed like the only thing…
  • Success Stories: Linda from White Rock

    Paul Pardons
    25 Aug 2015 | 11:00 pm
    Seeing our clients succeed is our #1 goal. Here’s Jason from Kitchener, Ontario who recovered from his mistake and kept his past from limiting his future. “When I was convicted of impaired driving, my father had recently been diagnosed with Pancreatic Cancer. Our entirely family was distraught. I also had many financial pressures; I was having trouble paying rent and was unable to find work.  Needing to escape reality, I spent a few hours at the local bar. Because the bar was only a five minute drive from my apartment, I didn’t think twice about driving home after drinking.
  • Success Stories: Kevin from Moncton

    Paul Pardons
    17 Aug 2015 | 11:00 pm
    Seeing our clients succeed is our #1 goal. Here’s Kevin from Moncton, who recovered from his mistake and kept his past from limiting his future. “My first wife and I had a rocky relationship. We were always fighting, yet kept trying to make it work. One night I lightly shoved her without thinking. She tripped and fell against a bookcase, and then called the police. I was charged with assault. After going through anger management classes I know I would never do anything like this again. I look back on my offence with shame and regret, but know I have changed since my convictions. My…
  • Success Stories: Jason from Kitchener

    Paul Pardons
    11 Aug 2015 | 11:00 pm
    Seeing our clients succeed is our #1 goal. Here’s Jason from Kitchener, Ontario who recovered from his mistake and kept his past from limiting his future. “Six years ago I went to a bar with some friends, but knew I shouldn’t drive home after drinking. I asked one of my sober friends to drive my car home. Unfortunately, he didn’t have much experience driving and did not know how to drive my manual car. I decided to assume control of the car when we were almost home, but was pulled over by the police. This was a terrible decision, and I had to suffer the consequences. My new…
  • Planning your hunting trip: A novice’s guide

    Paul Pardons
    15 Jul 2015 | 9:40 am
    Canada’s landscape is a hunter’s paradise, but for those with little to no experience, preparing for hunting season can leave your feet stuck in the mud. No other country in the world lays claim to being the premier game destination for hunters – the sport garners over $6 billion in revenues for the Canadian economy per year. Preparing for hunting season can take anywhere from a few weeks to a few months depending on your skill level, the game you wish to hunt, and the area you plan to hunt in. Here are the top five guidelines to ensure your hunting trip goes according to plan: 1. Know…
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    Truck and Bus Accident Lawyers Blog

  • Two New Safety Rules Are Slated For Publication

    Bryan M. Roberts
    25 Aug 2015 | 12:52 pm
    It is expected that the final rule mandating the use of Electronic Logging Devices (“ELDs”) will be published shortly. The rule will take effect two (2) years after it is published in the Federal Register. Under the proposed new rule, truck drivers who are required to keep duty status records will have to track their hours-of-service (“HOS”) with an ELD, which had previously been referred to as Electronic Onboard Recorders. The ELDs will effectively replace paper logs, which can be easily altered. The Prohibition of Driver Coercion (“PDC”) rule is also set for publication on…
  • More Unqualified Commercial Drivers Attain CDLs Due to Cheating Scheme

    Bryan M. Roberts
    11 Aug 2015 | 7:08 am
    On February 18, 2015, I wrote about a New York City-area scheme where three individuals helped as many as 500 people cheat on the Commercial Driver’s License (“CDL”) test. More recently, a multi-agency investigation in Florida has uncovered a similar scheme involving a commercial truck driving school. The Department of Transportation’s Office of the Inspector General, the FBI, Homeland Security and the Florida Highway Patrol joined forces to uncover the plot, which enabled unqualified drivers to receive CDLs. Ellariy Medvednik, Natalia Dontsova, Adrian Salari and Clarence Davis were…
  • Truckers Often Drive At Speeds Their Tires Cannot Handle

    Mark W. Davis
    22 Jul 2015 | 6:42 am
    How many times have you been driving on the highway and been passed by a Tractor Trailer that was going 75-80+ mph? It probably happens more frequently than you think. Why should you care? Well, beyond the obvious dangers presented by a truck moving at that speed, there is a hidden danger as well – and it comes from the truck’s tires. Many, if not most, heavy truck tires are designed for a maximum sustained speed of 75 mph. Driving a tire above its rated speed is a recipe for disaster, as the heat generated can cause the tire to break down and fail. Excessive speed has been linked to…
  • Investigation Reveals Poor Safety Record for Trucking Company Involved in Tragic Fatal Crash in Georgia

    Mark W. Davis
    24 Apr 2015 | 9:53 am
    On Wednesday, April 22, 2015, five nursing students from Georgia Southern University were tragically killed in a crash with a tractor trailer just outside of Savannah.Unfortunately, the investigation into the accident has revealed that the trucking company involved has a questionable safety/violation history. John Wayne Johnson, the 55 year old trucker from Shreveport, Louisiana, who was recently confirmed to be the tractor trailer driver involved in the Georgia crash, was driving for “Total Transportation” – a large carrier with approximately 740 trucks and 900 drivers based out…
  • FMCSA Releases Crash Accountability Study

    Bryan M. Roberts
    12 Mar 2015 | 6:46 am
    Recently, the Federal Motor Carrier Safety Administration (“FMCSA”) released a crash accountability study that focused on whether incorporating Police Accident Reports (“PARs”) in its crash fault weighting system would improve the Agency’s ability to target carriers most at-risk for crashes. The report focused on crash accountability in the FMCSA’s Compliance, Safety, Accountability (“CSA”) Program.  CSA safety is analyzed through the Safety Measurement System (“SMS”), which quantifies the safety performance of motor carriers through State-reported crash and inspection…
 
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    Creative Arts Advocate

  • Music in Politics – Legal and Practical Considerations

    David Switzer
    31 Aug 2015 | 6:00 am
    After riding down an escalator into a room full of people waving banners with name, Donald Trump announced his campaign for Presidency by taking the stage to “Rockin’ in the Free World.”  Welcome to campaign season.  The 2016 Presidential election is (a little bit further than) just around the corner, and the majority of candidates, including Republican candidate […] The post Music in Politics – Legal and Practical Considerations appeared first on Creative Arts Advocate.
  • Art Investments May Be Regulated Like Bonds or Stocks

    Katelyn Crawford
    27 May 2015 | 6:30 am
    Your stocks are regulated, your mortgage is regulated, but your art isn’t.  Even though art is a growing investment class, the high-end art world faces little regulation or scrutiny although allegations of fraud and tax evasion abound.  Oversight may increase as some people are calling for a tighter, shorter leash to be put on some […] The post Art Investments May Be Regulated Like Bonds or Stocks appeared first on Creative Arts Advocate.
  • Blurred Laws: The Effects of the “Blurred Lines” Verdict on the Music Industry

    David Switzer
    14 May 2015 | 6:30 am
    In a widely publicized case, the Estate of Marvin Gaye recently won its lawsuit against Pharrell Williams, Robin Thicke, and T.I. for copyright infringement, alleging that their hit song “Blurred Lines” infringes upon Gaye’s earlier work “Got to Give It Up.” In a verdict that will undoubtedly have unexpected ramifications across the legal landscape of […] The post Blurred Laws: The Effects of the “Blurred Lines” Verdict on the Music Industry appeared first on Creative Arts Advocate.
  • Peter Sutherland – Photography

    Sophia O'Brien Udry
    29 Apr 2015 | 6:00 am
    Peter Sutherland is a master of nearly all mediums.  He works with painting, sculpture, photography, and film and blends each genre into the other, creating soft overlaps that make the viewer squint and muse over what medium he is using.  Sutherland’s work is in itself a compilation of not just mediums, but places.  His work […] The post Peter Sutherland – Photography appeared first on Creative Arts Advocate.
  • Royal Jarmon – Sculptures

    Sophia O'Brien Udry
    22 Apr 2015 | 6:00 am
    Royal Jarmon has been slowly transitioning watercolor paintings into sculptures in a technique uniquely is own.  His sculptures reproduce the same color magic he worked into his watercolors, but with added unexpected elements.  They incorporate anything from swaddled tie-dyed tee shirts to crinkly American Spirit cartons. Royal Jarmon’s transition from painting into sculpture is made literal […] The post Royal Jarmon – Sculptures appeared first on Creative Arts Advocate.
 
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    Chicago Legal Malpractice Lawyer Blog

  • Is It Time To Abolish the Actual Innocence Rule?

    The Clinton Law Firm
    4 Sep 2015 | 7:53 pm
    In most states, a former client of a criminal defense lawyer cannot sue for legal malpractice unless he can establish “actual innocence.” The Actual Innocence rule bars almost all legal malpractice claims against criminal defense lawyers. The purported basis for the rule is that the guilty person should not profit from his crimes. Scholars have criticized the rule as poorly reasoned and lacking in justification. One criticism of the rule is that it unfairly differentiates between civil lawyers and criminal lawyers. A civil litigator who breaches a duty to a client, causing the…
  • BAY GROUP HEALTH CARE, LLC v. GINSBERG JACOBS, LLC by MARY M. ROWLAND, Magistrate Judge | Leagle.com

    The Clinton Law Firm
    4 Sep 2015 | 8:34 am
    Below is a citation to a recent opinion by Magistrate Rowland in a case handled by the Clinton Firm. Source: BAY GROUP HEALTH CARE, LLC v. GINSBERG JACOBS, LLC by MARY M. ROWLAND, Magistrate Judge | Leagle.com
  • District Court Rejects Rooker-Feldman Defense to Legal Malpractice Claim

    The Clinton Law Firm
    31 Aug 2015 | 11:25 pm
    Source: Sheth v. Premier Bank, Dist. Court, WD Wisconsin 2015 – Google Scholar The plaintiff in this case, Kamlesh Sheth, lost a state court foreclosure case. Sheth then sued a law firm for legal malpractice and the bank that obtained the judgment against him for fraud and other torts. Sheth claimed that the defendant bank had agreed not to pursue a deficiency judgment against Sheth. Sheth cited an agreement between himself and the bank and drafted by the defendant law firm under which the Bank waived the right to pursue the deficiency if Sheth obtained a buyer for the property and the…
  • Appellate Court Affirms Dismissal of Legal Malpractice Lawsuit Against Lawyer who Defended Another Lawyer for 17 years

    The Clinton Law Firm
    31 Aug 2015 | 10:58 pm
    Source: LAMET v. Levin, Ill: Appellate Court, 1st Dist., 3rd Div. 2015 – Google Scholar This is a legal malpractice case that the Illinois court held was barred by the six-year statute of repose and also by the two-year statute of limitations. Lamet hired Levin in 1994 to represent him in a dispute with his landlord. Lamet’s landlord claimed that Lamet owed $34,000. Levin fought the litigation for 17 years. (Levin claimed that he was being charged for more square feet than he actually rented). Ultimately, in 2011, Levin recommended that the litigation be settled for the sum of…
  • Statute of Limitations Bars Claims Against Lawyers

    The Clinton Law Firm
    4 Aug 2015 | 9:13 pm
    William Carlson and Willis Capital, LLC v. David J. Fish and the Fish Law Firm, P.C., Shawn M. Collins and The Collins Law Firm, P.C., 2015 IL App (1st) 140526. This is a decision of the Illinois Appellate Court affirming the dismissal of a legal malpractice lawsuit on the ground that the two-year statute of limitations had expired before the lawsuit was filed. The lawsuit arose out of a business dispute between William Carlson and his business partners in an entity known as Belvedere Trading, LLC. In 2006, Carlson had a “falling out” with his partners. In February 2008, Carlson…
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    Bicycle Accident Lawyer Blog

  • Innovations to Improve Cyclist Safety

    Mark W. Davis
    19 Aug 2015 | 1:49 pm
    Bicyclists in urban areas are often forced to interact with motorists in close proximity, which creates safety conflicts and leads to thousands of injuries every year. For cyclists who ride cautiously and in compliance with the law, the cause of these accidents is generally due to the motorists’ lack of attention to cyclists and other pedestrians that are using their shared roadways. Every year, new innovations are designed to increase the visibility of cyclists, or to otherwise improve a cyclist’s ability to interact with the urban environment. While the use of technology such as this is…
  • Improper Bike Fit and/or Body Mechanics Can Cause Shoulder & Neck Bain While Biking

    Mark W. Davis
    11 Aug 2015 | 12:19 pm
    Neck and shoulder stiffness and pain are a common complaint among cyclists. Many people incorrectly assume that this pain is the result of injury or is otherwise an inevitable result of the body position one takes while riding a traditional road bike. Neither is necessarily true. Are you experiencing this type of pain? There are several possible answers, but none of them should be immediately brushed off. Your pain may be the result of your body’s fit in the seat of your bike, your overall core fitness and/or the position you assume—likely subconsciously—while riding. Luckily, all of…
  • How Frequently Should You Change Your Bicycle Tires?

    Mark W. Davis
    3 Aug 2015 | 10:43 am
    Bicycle tires should be changed when the tire wears out or otherwise becomes damaged, such that its integrity is compromised. Due to variations in environmental conditions, rubber compounds, individual weight/riding style and other such matters, it is impossible to give a very precise answer to this question. However, if you can answer “yes” to any of the following questions, chances are good that you should replace your tires: Can you see “threads” in any of the tread’s contact surfaces? Bicycle tires are generally made with layers of fabric and rubber, not unlike the “steel…
  • How Frequently Should Your Bike Helmet Be Replaced?

    Mark W. Davis
    27 Jul 2015 | 11:22 am
    Bicyclists are always encouraged to purchase and wear bicycle helmets, but once you buy one, that’s not the end of the story.  Most helmet manufacturers and industry groups recommend replacing one’s bicycle helmet every 3-5 years, provided the helmet has not been subjected to a crash. However, if a helmet has served its role and defended your noggin from a crash, it should be replaced immediately! With that said, it is important to note that the useful life of a bike helmet will vary depending on how it has been used and the types of materials to which the helmet has been exposedA…
  • Cycling – The Importance of Proper Bike Fit & Pedaling Technique

    Mark W. Davis
    9 Jul 2015 | 7:53 am
    Ever wonder how pros competing in events like the Tour de France can spend 5+ hours in the saddle day-after-day? While part of it is certainly that they are elite athletes, they also have the benefit of working with coaches and other pros to insure their bikes fit the nuances of their body perfectly, and that their cycling form is spot on. Pedaling Technique: Elite coaches preach the benefits of training to improve pedaling efficiency. Doing so will help you ride for longer with less fatigue and ensure you are maximizing the power from each pedal stroke into forward momentum. A key…
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    Orange County Employment Lawyers Blog

  • U.S. Court of Appeals Agrees with Home Health Workers

    Nassiri Law
    31 Aug 2015 | 10:40 am
    According to a recent article from California Healthline, The United States Court of Appeals for the District of Columbia Circuit has issued an opinion granting home healthcare workers the right to overtime pay and no less than the prevailing minimum wage. The decision paves the way for officials in the state of California to go ahead with a law passed last year allowing overtime pay for workers in the In-Home Supportive Services program throughout the state. This law was on hold pending this recent decision from the federal appeals court in Washington, DC. The home healthcare association…
  • California Employment Rates Slowly Rising

    Nassiri Law
    28 Aug 2015 | 10:35 am
    We often hear about the unemployment rate when the economy is down.   In good times like we are experiencing now, the employment rate in California has been rising steadily, and it’s important to note that too. New data released by the California Economic Development Department suggests this trend is likely to continue, according to one recent article from the San Francisco Bay News. Numbers released in July show the state unemployment rate has fallen to 6.2 percent. The previous rate for the month of June was 6.1 percent, so these numbers are slightly better, which is a good sign.
  • Former San Francisco Investigator Sues Prosecutor’s Office for Age Discrimination

    Nassiri Law
    25 Aug 2015 | 10:31 am
    Age discrimination by employers is a serious problem in the state of California and across the nation. As the population is aging and people are working much later in life, the problem will only get worse if things do not change. According to a recent news article from KRON 4, a former investigator with the San Francisco District Attorney’s Office is suing for age discrimination following her termination. Employee had been working for the prosecutor’s office since the summer of 1985. She claimed in her complaint she received numerous positive performance reviews and had been promoted five…
  • Target Resolves Employment Discrimination Litigation with Large Settlement

    Nassiri Law
    22 Aug 2015 | 10:21 am
    According to a recent news story from Bring Me The News, big box retailer Target has just agreed to pay $2.8 million to settle a complaint by the Equal Employment Opportunity Commission (EEOC). It was alleged the screening process for job applicants the retailer used was discriminatory. The money collected as part of the settlement agreement will be given to the roughly 3,000 candidates who were allegedly rejected for higher-level positions with the retailer. The reason these applicants were rejected, according to EEOC, is because the test instruments utilized in the screening process were…
  • Dept. of Justice Fines Meat Producer for Employment Discrimination

    Nassiri Law
    18 Aug 2015 | 10:18 am
    Harsh working conditions in the food processing industry are nothing new. The struggle of immigrants working in a meatpacking factory was one of the main stories in “The Jungle,” by Upton Sinclair. One would hope  though that in today’s modern era of regulation and an emphasis on workers’ rights, there would not be contemporary examples of unfair employment practices in this industry, especially for immigrant workers. According to a recent article from Food Production Daily, a major beef processor has just been fined $200,000 for allegedly engaging in unfair employment…
 
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    Chicago Birth Injury Lawyers Blog

  • $18.27 Million Jury Award in Failure to Comply with Standing Orders of Obstetrician

    Robert Kreisman
    20 Aug 2015 | 8:00 am
    During Tristan Hamilton’s delivery, his mother was given Pitocin to induce labor. The treating obstetrician instructed attending nurses to give no more than 20 milli-units of Pitocin to allow only four contractions every ten minutes. The nurses did not follow those instructions. Because of the excessive amount of Pitocin given (hyperstimulation) and numbing effect of the epidural, Tristan’s mother was unable to push, prompting the obstetrician to attempt a forceps delivery. The baby then became stuck in the birth canal and the physician completed the delivery using a vacuum extractor. At…
  • $3 Million Jury Verdict for Brain Damaged Baby Caused by Delay in Delivery by Nurses

    Robert Kreisman
    17 Aug 2015 | 8:00 am
     Alice Sodjago was in labor when she was admitted to a hospital. The nurse who treated her performed a vaginal exam and noted the presence of heavy meconium. The fetal monitor revealed fetal distress. The nurse contacted a midwife who did not call the on-call obstetrician. About 20 minutes later, the midwife arrived at the hospital and called the obstetrician. Sodjago’s daughter was delivered by Caesarean section almost 40 minutes later. As a result of oxygen deprivation, the baby, now 8 years old, suffers from cognitive impairment and cortical blindness. Sodjago and her husband,…
  • Illinois Appellate Court Confirms Contested $3 Million Settlement in Birth Trauma Injury

    Robert Kreisman
    12 Aug 2015 | 8:00 am
    On Sept. 5, 2015, Jaclyn Pena-Prather arrived at Sherman Hospital in Elgin, Ill., for an elective induction of labor. She was more than 41 weeks’ pregnant. She was a patient of Dr. Carol Korzen, who practiced obstetrics and gynecology in Elgin. After admission, an external monitor was applied, and the fetus was continuously monitored throughout labor. At 2:15 a.m. on Sept. 6, 2015, she received an epidural for pain. At 4:45 a.m., a nurse contacted Dr. Korzen to update her on the patient’s progress. Dr. Korzen was present at 7:20 a.m. Pena-Prather was coached to begin pushing. At 8:21…
  • Excessive Traction During Delivery Leads to $1.01 Million Jury Verdict

    Robert Kreisman
    4 Aug 2015 | 8:00 am
    During the delivery of Gwendolyn E., her shoulder became stuck or she encountered shoulder dystocia. Shoulder dystocia is a term used when the baby’s shoulder gets stuck behind the pelvic bone of the mother during delivery. Because of the shoulder dystocia involving Gwendolyn’s delivery, the attending obstetrician, Dr. Miguel Carbonell, applied traction. As a result of the traction, Gwendolyn suffered a brachial plexus injury, which required many surgeries. She is now 6 years old but has limited use of her left hand because of the nerve injuries to the brachial plexus. The brachial plexus…
  • $250,000 Jury Verdict in Shoulder Dystocia Birth Injury Case

    Robert Kreisman
    14 Jul 2015 | 8:00 am
    During the birth of Jasmyn Finch, the obstetrician, Dr. Claire Bernardin encountered Jasmyne’s shoulder stuck behind her mother’s pelvic bone or sacral promontory. When a shoulder dystocia does occur during the delivery phase, it is considered an emergency. It is a dangerous occurrence that can be overcome with the use of maneuvers, such as the McRoberts maneuver. Jasmyne suffered shoulder dystocia, but with the help of an assistant, Dr. Bernardin delivered Jasmyne. Unfortunately, Jasmyne was born with left brachial plexus injury. As a result of the brachial plexus injury, Jasmyne, who is…
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    Chicago Nursing Home Lawyers Blog

  • Illinois Appellate Court Affirms Nursing Home Abuse Verdict Where Two Jury Instructions Were Given

    Robert Kreisman
    4 Sep 2015 | 8:00 am
    Eleanor Groeller died, allegedly because of the nursing home negligence of Evergreen Healthcare Center where she was a resident. Her son, William M. Groeller Jr., who was administrator of her estate, filed a negligence complaint against Evergreen Healthcare. The trial was held in the Circuit Court of Cook County wherein Groeller’s counsel requested that the judge give a jury instruction on institutional negligence as to the nursing home. However, based upon testimony from Groeller’s nursing expert about the alleged failings of the nursing home’s nurses, the defendant nursing home…
  • Illinois Appellate Court Find That Health-Care Power of Attorney Authorizes the Agent to Sign Nursing Home’s Arbitration Provision and Thus Patient Can Be Bound by the Agent’s Action

    Robert Kreisman
    1 Sep 2015 | 8:00 am
    In a nursing home dispute, the Illinois Appellate Court weighed in on an issue of whether a health-care power of attorney holder could bind the nursing home resident to an arbitration provision in order to gain admission to the long-term care facility. In this case, Edward M. Fiala Jr. sued Bickford Senior Living Group in Kane County, Ill. Bickford moved to compel arbitration based on an agreement, called “the establishment contract” that his daughter, Susan Kahanic, signed as attorney-in-fact under a health-care power of attorney. Kahanic’s signature on the establishment contract was…
  • Nursing Home Resident Not Protected Under the Illinois Nursing Home Care Act and Federal Law to be Readmitted to Nursing Home After Hospital Stay

    Robert Kreisman
    11 Aug 2015 | 8:00 am
    In an odd but troubling state of the law, the Illinois Appellate Court uncovered a hole in the Illinois Nursing Home Care Act protecting nursing home residents. In this case, Marvin Gruby was a resident of Manorcare Health and Rehabilitation Services. He was given notice that the nursing home wanted to involuntarily transfer him or discharge him from its Highland Park, Ill., facility. The move to discharge him was based on the allegations that he endangered the safety and health of other residents. He filed a lawsuit claiming that the Illinois Department of Public Health deprived him of his…
  • Nursing Home Owed Duty of Care to Resident Being Transported by Van from Dialysis Center

    Robert Kreisman
    3 Aug 2015 | 8:00 am
    Marjorie Stearns, 89, suffered from dementia. She lived full time in a nursing home. The nursing home records showed that Marjorie had fallen at the nursing home. The nursing home initiated safety measures to protect against any future falls. This Illinois Appellate case analyzed the legal concept of duty. It described two types of duties: one being the ordinary duty that all persons owe each other to guard against reasonably probable and foreseeable injuries that may arise as a consequence of an act and the second being an affirmative duty to act that arises as a result of a special…
  • Home Health Care Agency Responsible for Injury to Home-Based Patient’s Injuries

    Robert Kreisman
    13 Jul 2015 | 8:00 am
    Cynthia Jaurdon-Simmons underwent neck surgery and was referred to Southern Nursing Home Health for her home-based daily wound care and weekly assessments of her viral infection. About two months into her care, Southern Nursing Home Health stopped providing services to Jaurdon-Simmons, but the staff did not advise her of this or provide the necessary self-care equipment. As a result of the lack of care, Jaurdon-Simmons did not receive the wound care that she needed. She suffered continued medical problems; her infection worsened. She sued the home health care agency claiming damages related…
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    Chicago Injury Lawyer Blog

  • Appellate Court Affirms Trial Judges Decision Regarding Admissibility of Prior Injury of the Same Part of the Body

    Robert Kreisman
    3 Sep 2015 | 11:38 am
    Marilyn Kayman was injured in a car crash on Jan. 30, 2009 in which her car was struck from behind by the car driven by the defendant Janice Matthews Rasheed. Kayman went to the emergency room at Hinsdale Hospital shortly after the crash but was discharged the same day. She continued to have neck pain and other symptoms. Kayman visited her family practice physician on Feb. 4, 2009. She was subsequently referred to an orthopedic surgeon and was treated between 2009 and 2012. At the recommendation of the orthopedic surgeon, Kayman underwent physical therapy and was also prescribed medical…
  • $610,000 Settlement for Injured Driver and Passengers Struck by Trucks After Jack-knifed Tractor-Trailer Collision

    Robert Kreisman
    27 Aug 2015 | 4:35 pm
    A driver of a tractor-trailer owned by J.M. Leasing was traveling on an interstate roadway where the conditions were poor because of snow. The tractor-trailer driver passed a slow-moving vehicle in the right lane. When the truck driver attempted to return to the right lane at about 55 mph, he lost control of the vehicle and the truck jackknifed. The plaintiff in this case, Christopher Spunar, was driving a sedan on the highway and was able to stop in time in front of the jackknifed truck. However, another tractor-trailer operated by Arthur Medeiros for Medeiros Trucking Inc. crashed into the…
  • Federal Rules of Civil Procedure Rule 34 Document Request Has Been Amended

    Robert Kreisman
    25 Aug 2015 | 7:30 am
    Currently under Federal Rules of Civil Procedure Rule 34, a document request cannot be served on an opposing party until the attorneys have met and “conferred as required by Rule 26(f)” with only a few exceptions. When the lawyers meet, “the parties must consider the nature and basis of their claims and defenses and the possibilities of promptly settling or resolving the case; make or arrange for disclosures required by Rule 26(a)(1); discuss any issues about preserving discoverable information; and develop a proposed discovery plan.” Under the new rules approved by the U.S. Supreme…
  • $610,000 Settlement for Injured Driver and Passengers Struck by Trucks After Jackknifed Tractor-Trailer Collision

    Robert Kreisman
    23 Aug 2015 | 3:40 pm
  • U.S. Court of Appeals Affirms District Court’s Denial of Motion to Reopen Default Judgement in Hockey Player Injury Case

    Robert Kreisman
    23 Aug 2015 | 2:42 pm
    The U.S. Court of Appeals for the 7th Circuit in Chicago has affirmed a decision by the U.S. district judge who refused to reopen a default judgment. Kyler Moje, a hockey player on the Danville Dashers of the Federal Hockey League, lost an eye to high-sticking during a game against the Akwesasne Warriors. Moje sued Oakley Inc., which made the visor that Moje blamed for offering inadequate protection to his face and eyes. But Moje also sued the Federal Hockey League itself. Rather than notifying its liability insurer, the Federal Hockey League hired a lawyer based in Syracuse, New York, John…
 
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    Atlanta Personal Injury Lawyer Blog

  • Georgia Court Reviews Suitability of Expert Testimony in Car Accident Case

    Stephen M. Ozcomert
    10 Aug 2015 | 9:56 am
    The outcome of virtually every auto accident case depends in large part on the relevancy and reliability of the evidence presented. In many instances, the parties will provide “experts” whose testimony serves to shed light on certain integral aspects of the case. Georgia law sets forth restrictions on the use of expert testimony in a civil proceeding. Parties must adhere to these standards or otherwise run the risk of losing the opportunity to present the testimony. If you or someone you know has been injured in a car accident, it is important to talk with an experienced injury attorney…
  • Georgia Court Reviews “Ordinary Care” Standard in Trip-and-Fall Case

    Stephen M. Ozcomert
    27 Jul 2015 | 12:01 pm
    Under Georgia law, an owner or occupier of land owes a duty to “invitees” to exercise ordinary care in keeping the premises and approaches safe. An invitee is someone who is on the property, by express or implied invitation, for a lawful purpose. Courts have reviewed what it means to exercise “ordinary care” under the statute and have determined that the standard varies depending on the circumstances. Each case is different. One court has determined, however, that in order for one’s conduct to be deemed negligent, it must be unreasonable in light of the recognizable risk of harm.
  • Georgia Court Upholds Finding of “Negligence Per Se” in Car Accident Case

    Stephen M. Ozcomert
    20 Jul 2015 | 9:57 am
    Under Georgia law, a violation of the Uniform Rules of the Road (the “Uniform Rules”) is deemed sufficient to establish “negligence per se.” This means that a defendant who violates the statute and causes an injury to someone else is automatically deemed to be negligent. At this point in a personal injury case, the burden would then shift to the defendant to show that the violation was not intentional and in the exercise of ordinary care. In order to understand how these laws and procedures could affect your right to a recovery in a car accident claim, it is essential that you contact…
  • Georgia Supreme Court Reviews Apportionment Statute in Car Accident Case

    Stephen M. Ozcomert
    13 Jul 2015 | 12:30 pm
    In a negligence action, where the plaintiff is seeking compensation for injuries sustained in a car accident, the notion of who was at “fault” can dramatically affect the ability to recover damages. The highest court in the state recently agreed to hear an appeal in a case concerning Georgia’s “apportionment statute” – which requires the jury to divide responsibility for an injury among those who “contributed to” it, including non-parties, based on their respective percentage of the fault that caused the injury. In any auto accident case, it is extremely important to…
  • Georgia Court Determines Insurer Liability Under Two Uninsured Motorist Policies in Auto Accident Case

    Stephen M. Ozcomert
    6 Jul 2015 | 2:06 pm
    If you are in a car accident with an uninsured or underinsured motorist (“UM”), you may still be able to recover damages for injuries sustained as a result of that driver’s negligence. For instance, if the at-fault driver’s insurer’s policy limits do not provide full compensation for the injuries suffered, you may be entitled to UM benefits under one or more insurance policies. Pursuant to Georgia law, insurers are required to offer motorists two different types of UM coverage:  “added on” (excess coverage) or “reduced by,” under which the UM limits of liability coverage…
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    Orange County Business Attorney Blog

  • Improvements by Your Neighbor on Your Property May Result in Your Loss of Control

    Tony T. Liu
    2 Sep 2015 | 12:54 pm
    An easement is a legal right by one party to enter and access another person’s property for a specific purpose. Because of such an easement, depending on the circumstances, you may be able to use property not belonging to you, or someone else may come upon your property and you would have no legal recourse to remove them. Two property owners became involved in a dispute over use of an easement which ended up in a California appellate court, which made its decision earlier this year. An easement existed to provide access and utilities crosses an adjacent property via a driveway. Those owning…
  • Do Your Notarized Documents Contain Language Required by Law?

    Tony T. Liu
    26 Aug 2015 | 12:50 pm
    A new consumer notice is needed in all documents requiring a notary certificate in California as of the start of the year. If a notarized document you need does not have this language, it may be rejected by your county recorder, according to the First Tuesday Journal. This notice should be in a box at the top of the certificate, stating: “A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.” There are some…
  • Ousted American Apparel Ex-CEO Accused of Violating Agreement and Disparaging Company

    Tony T. Liu
    19 Aug 2015 | 12:48 pm
    Dov Charney has generated a lot of controversy and a lot of lawsuits. He is the former chairman and CEO of American Apparel. The company’s board removed him chairman and suspended him as CEO a year ago, citing evidence of inappropriate behavior with employees and misuse of company funds. He’s now the subject of a temporary restraining order, preventing him from criticizing the company or removing board members, reports the Los Angeles Times. After his suspension as CEO, Charney joined with hedge fund Standard General to purchase company shares as he tried to make a comeback. Part of a…
  • Court Prevents Commercial Landlord From Double Dipping in Rent Lawsuits

    Tony T. Liu
    12 Aug 2015 | 12:46 pm
    If you are a co-tenant in a commercial lease and the rent isn’t paid, can the landlord seek complete recovery from each of the co-tenants? The answer is no in one 2014 case, which found that once the landlord got a judgement for all the damages from one co-tenant, no further recovery could be made against another. DKN Holdings LLC had a lease with three co-tenants, Faerber, Neel and Caputo for space at a shopping center in Murieta in 2004. The lease had a ten year term which stated all three parties had joint and several liability to pay the rent (any of them could be held liable for the…
  • Information Worth Protecting: Access to Your Company’s Social Media Accounts

    Tony T. Liu
    5 Aug 2015 | 12:40 pm
    Creating a confidentiality agreement with your employees is a good idea. It’s a step towards preventing marketing plans, customer lists, product designs or other confidential and proprietary information from being used by an employee for their own benefit or by his or her next employer. If you have such agreements in place, are they broad enough? If an employee has access to your social media accounts, information related to them should also be kept confidential. This information can include login information, passwords, social media strategy and membership lists. Social media can be a…
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    New Jersey Divorce and Family Lawyer Blog

  • Family Court Considers Whether to Enforce Restraints on a Child’s Exposure to Parental Dating Relationships

    James P. Yudes, Esq.
    4 Sep 2015 | 1:06 pm
    Frequently, clients come to me complaining that their spouse or partner is exposing their children to dating relationships or conversely ask what should be their response to a spouses objection. Generally I advise that one should follow a common sense approach, meaning one should look at the effect on the children and not rush to judgment automatically, contrary to the position of one’s spouse. I think it is fair to say in general that children should not be exposed to serial partners who are all introduced as mom’s or dad’s new best friend. One needs to be sensitive to the…
  • THE ASHLEY MADISON SCANDAL – PRACTICAL CONSIDERATIONS

    Kevin M. Mazza, Esq.
    28 Aug 2015 | 1:56 pm
    The media remains abuzz on reports that the website, Ashley Madison, was the target of cyberhacking. For those who may not be aware, Ashley Madison is known as the leading website for persons looking to have an affair. It’s slogan is: “Life is short. Have an affair”. Reportedly almost 40 million persons, mostly men, had registered to become members. The hackers purportedly objecting to the immorality of the website accessed account details for some 32 million users of the site going back 7 years and thereafter published the stolen data including names, street addresses, email addresses…
  • Appellate Division Assesses the Reliability of DNA Testing to Establish Paternity in New Jersey

    Karen T. Willitts, Esq.
    20 Aug 2015 | 7:18 pm
    In May of this year, my colleague Daniel Burton, Esq. wrote a  blog entitled “One Set of Twins Two Fathers Confirms New Jersey Superior Court Judge” about a trial court level decision of the Honorable Sohail Mohammed, J.S.C., in Passaic County concerning the paternity and related child support obligations to twins, referred to as “AM” and “BM” born to their mother referred to as “TM”.  The Appellate Division has now weighed in and issued a written opinion on this case of first impression in New Jersey. In the matter of TM-v-AS, the Passaic…
  • The Kelly Rutherford Case and International Custody Disputes

    Padraic F.X. Dugan, Esq.
    15 Aug 2015 | 4:42 pm
    On Tuesday, August 11, 2015, a New York court ordered the children of the television “Gossip Girl” actress, Kelly Rutherford, to be returned to their father, Daniel Giersch,  who has been living with the children in Monaco since 2012. Rutherford and Giersch wed in 2007 and welcomed their first child, Hermes, the following year. The marriage soon broke down and Rutherford filed for divorce in California in 2009.  At the time, she was three months pregnant with their second child, Helena.  In their divorce, the parties battled over parenting time and custody with each making…
  • New Jersey Supreme Court Issues What Could Be the Last Decision on Permanent Alimony…

    Daniel A. Burton, Esq.
    8 Aug 2015 | 4:41 am
    My colleagues have previously written a number of posts regarding both the Appellate Division decision in the Gnall v. Gnall case, as well as the issuance of legislation that significantly changed the alimony statute in the State of New Jersey as of September 2014.  Recently, on July 29, 2015, the New Jersey Supreme Court issued its decision in Gnall v. Gnall, after having granted certification to review the matter.  Given the elimination of the term “permanent alimony” from the alimony statute, effective September 2014, this decision by the New Jersey Supreme Court could very…
 
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  • How to Find Investors to Fund Your Startup

    Alex Liu
    3 Sep 2015 | 11:44 am
    You’ve got an amazing business idea. You’ve found the ideal business partners. You’ve fleshed out a detailed business plan. All you need is the money to get your startup off the ground. It can be intimidating to find investors. Even the most talented entrepreneurs should expect many potential investors to pass on funding their startup. Thus, it’s important […]
  • How to Avoid Trademark Infringement

    Alex Liu
    27 Aug 2015 | 8:00 am
    Your business name and branding are crucial to your company’s success, as they’re the first things customers will associate with your products or services. In previous blog posts, we’ve gone over the importance of developing and registering trademarks to build your business. The last thing you want is to spend a lot of time, money and effort choosing the […]