• Most Topular Stories

  • Appeals court: Credit union group's suits against banks can proceed

    PLI SmartBrief
    21 Aug 2014 | 7:09 am
    The 10th U.S.  -More- 
  • "Dizzying" transformations: The Hill, H Street, Logan Circle, U Street...

    What About Paris?
    JD Hull
    20 Aug 2014 | 12:29 pm
    Another DC revitalization. No hookers, though. Where do they go, anyway?
  • Rule One: Represent Only Clients You "Like".

    What About Paris?
    JD Hull
    21 Aug 2014 | 9:57 pm
    Rule One: Represent Only Clients You "Like". Life's short. The profession is demanding enough. From our annoying but dead-on accurate, world-famous, wise and must-follow 12 Rules of Client Service.
  • Saying ‘No’ to Malpractice Insurance – The True Cost of “Going Bare”

    Solo Practice University®
    Mark Bassingthwaighte
    21 Aug 2014 | 5:40 am
    I will admit that I honestly don’t understand why a lawyer would ever make a decision to not buy a malpractice policy but many lawyers do and the reasons I hear are many. Some believe the premiums are beyond affordable. They’ll tell me “just look at what Docs have to pay.” Others have decided that if they ever get sued they’ll just declare bankruptcy to avoid the loss. Some choose to self-insure thinking that the savings on premium will more than offset any possible loss. I’ve even had attorneys tell me they’ve chosen to protect their assets in others ways. And then there’s…
  • When You Get Derailed, How to Get ‘Railed’, Again.

    Solo Practice University®
    Susan Cartier Liebel
    11 Aug 2014 | 5:30 am
    It happens to us all. We simply derail. We get overwhelmed, undernourished (not underfed), anxiety-ridden about the world and our future in it. Our best marketing efforts and business-building goals just fall by the wayside.  But to make it worse, somehow we feel like we can’t keep up with those we believe are superstars in our chosen profession, that it would be admitting weakness if we acknowledged there are simply (large) blocks of time when we are not chugging full speed ahead with a blazing smile.  And we fight the idea it is a normal part of our personal and professional ebb…
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    Law Blog

  • Oklahoma City Archbishop Drops Lawsuit Against Devil Worshiper

    Jacob Gershman
    21 Aug 2014 | 2:50 pm
    The Archbishop of Oklahoma City is dropping his lawsuit against a devil-worshiping group that had threatened to defile a consecrated communion wafer allegedly stolen from the Roman Catholic Church.
  • Bergdahl Swap Violated Law, Congress’s Investigative Arm Says

    Jeffrey Sparshott
    21 Aug 2014 | 2:28 pm
    WASHINGTON—The Obama administration violated the law when it failed to give Congress adequate notice about the transfer of five detainees from Guantanamo Bay as part of a swap for Sgt. Bowe Bergdahl, the investigative arm of Congress said Thursday.  
  • Judges Allows Corzine to Tap More Insurance Money for Legal Defense

    Joseph Checkler
    21 Aug 2014 | 11:54 am
    A bankruptcy judge said Thursday that Jon S. Corzine and other former MF Global Holdings Ltd. executives and employees could tap more insurance money to pay for defense costs but called the decision a "stopgap", as he decides whether they must continue seeking court permission to access the cash.
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  • Employee’s Snarky Facebook Post Lands Employer in Trouble Under the ADA

    Elijah Yip
    21 Aug 2014 | 2:09 pm
    In the last few years, we’ve seen how the private social media activity of employees can get employers in trouble for violating a variety of laws. The National Labor Relations Act. HIPAA. Title VII. Now you can add the Americans With Disabilities Act (ADA) to the list. In Shoun v. Best Formed Plastics, Inc., 2014 WL 2815483 (N.D. Ind. June 23, 2014), a federal judge held that an employer may be liable under the ADA for an employee’s Facebook comments about the medical condition of a co-worker. George Shoun, an employee at Best Formed Plastics, sustained a workplace injury and took leave…
  • Section 230 of the CDA: An Employer’s New Friend?

    Elijah Yip
    19 May 2014 | 9:39 pm
    Employees can get carried away on social media. US Airways learned this the hard way when its employee responded to a customer complaint on Twitter with an obscene picture of a woman and a toy jet. An apology and deletion of the tweet followed an hour later (an eternity in cyberspace). US Airways claims its employee made an “honest mistake,” and the incident has not spawned a lawsuit, but one can imagine situations in which the malicious online statements of an employee land the employer in legal trouble. So what’s an employer to do? Thankfully, employers can find some solace in Section…
  • Oh Snap! Lessons From the Snapchat Settlement With the FTC

    Elijah Yip
    8 May 2014 | 4:19 pm
    The Federal Trade Commission (FTC) just announced that Snapchat agreed to settle charges that it deceived consumers about how its popular mobile message app worked and what personal user data it collected.  (Read the FTC’s press release here). Part of Snapchat’s appeal was a feature enabling users to control how long a message could be seen by the recipient. After the designated time limit expires, the message is destroyed, much like the mission briefings in Mission Impossible. At least that’s what Snapchat told users. According to the FTC, Snapchat misled consumers because the app…
  • NLRB Strikes Down Selective Enforcement of Work Email Policy

    Elijah Yip
    21 Apr 2014 | 4:20 pm
    Birth announcements. Girl Scout cookies fundraisers. Leftovers in the company lounge. We’ve all probably received an email at work on these or similar subjects. It’s uncommon for an employee be disciplined for sending an email of such nature. But would that limit a company’s ability to act when employees circulate emails on more controversial topics? This question was raised in a recent National Labor Relations Board (NLRB) decision involving the Jet Propulsion Laboratory (JPL) affiliated with NASA.  In re California Inst. of Tech. Jet Propulsion Lab, 360 NLRB 63 (Mar. 12, 2014). Based…
  • Hawaii Judiciary Proposes to Address E-Discovery With Rule Amendments

    Elijah Yip
    11 Apr 2014 | 3:45 pm
    The Hawaii Judiciary is proposing amendments to the Hawaii Rules of Civil Procedure (HRCP) to address e-discovery issues.  The deadline for submitting comments is April 17, 2014.  The proposed amendments are available here. Some of the more notable changes being proposed are: The addition of references to “electronically stored information” (ESI) to Rule 26 (general discovery provisions), Rule 30 (depositions), Rule 33 (interrogatories), Rule 34 (document requests), Rule 37 (discovery sanctions and motions to compel), and Rule 45 (subpoenas) Amended Rule 26 expressly permits…
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  • For federal contractors, a hundred little compliance plans

    Walter Olson
    21 Aug 2014 | 7:35 am
    Coyote, updated, and Hans Bader write about yet another new burden loaded on federal contractors, involving the creation of separate affirmative action plans for each installation, including those that do no federal contract business. One result will be to pressure some firms that do only a little federal work to get out of the government contracting business entirely, rather than submit to escalating cost and open-ended legal consequences. Meanwhile, notes Bader, another part of the Obama administration’s rapidly proliferating “pen and phone” regulation of the workplace…
  • Ferguson, Mo.’s “culture of petty fines”

    Walter Olson
    21 Aug 2014 | 7:00 am
    Race is one reason for constant police hassle in towns like Ferguson. Revenue is another. In a Cato post yesterday, I note that court fees are the second biggest source of revenue for the small city, and that the Ferguson municipal court last year issued three arrest warrants and presided over 1.5 cases per household. As a result, many residents of the town “wind up interacting constantly with law enforcement because of a culture of petty fines” — enough to make for tense relations between the community and the police even aside from the racial divide. Similarly: Alex…
  • August 21 roundup

    Walter Olson
    20 Aug 2014 | 9:05 pm
    “Brady Campaign loses lawsuit against Armslist (a gun classified ad site)” [Volokh] Train for your bright future in federal employment as a FOIA Denial Officer [Katherine Mangu-Ward] Chamber of Commerce alarmed at rise of class actions in Latin America [Kevin LaCroix/D & O Diary, Chamber report and Brazil sidebar] Dear CBS Los Angeles: it’s okay to show a little skepticism regarding creationist’s claims in employment lawsuit [Skeptical Libertarian] Historic role of guns in black civil rights struggle departs from polite conventional account [Charles E. Cobb, Jr.,…
  • Feta-compli?

    Walter Olson
    20 Aug 2014 | 2:20 am
    The remorselessly paternalistic British Medical Journal now prints an article urging that government take action against salty varieties of cheese such as Roquefort and Halloumi [Guardian] Tweet Tags: eat drink and be merry, salt Feta-compli? is a post from Overlawyered - Chronicling the high cost of our legal system
  • Anti-discrimination law vs. associational freedom, again

    Walter Olson
    19 Aug 2014 | 9:24 pm
    Robert and Cynthia Gifford offer their Liberty Ridge Farm in Schaghticoke, N.Y. as a wedding venue. New York has now fined them $13,000 for politely declining to host a gay wedding. They’ll also have to train their employees in compliance. [LGBTQ Nation, WNYT, Village Voice] Earlier on cakes and more cakes, flowers, photographers, etc. etc. More on this topic: Scott Shackford, Reason. Tweet Tags: discrimination law Anti-discrimination law vs. associational freedom, again is a post from Overlawyered - Chronicling the high cost of our legal system
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    Solo Practice University®

  • Saying ‘No’ to Malpractice Insurance – The True Cost of “Going Bare”

    Mark Bassingthwaighte
    21 Aug 2014 | 5:40 am
    I will admit that I honestly don’t understand why a lawyer would ever make a decision to not buy a malpractice policy but many lawyers do and the reasons I hear are many. Some believe the premiums are beyond affordable. They’ll tell me “just look at what Docs have to pay.” Others have decided that if they ever get sued they’ll just declare bankruptcy to avoid the loss. Some choose to self-insure thinking that the savings on premium will more than offset any possible loss. I’ve even had attorneys tell me they’ve chosen to protect their assets in others ways. And then there’s…
  • Working from Home: Dream or Nightmare?

    Susan Cartier Liebel
    18 Aug 2014 | 5:30 am
    Working from home sounds like a dream, but comes with its own set of challenges which can quickly turn the dream into a nightmare. I’m not going to get into the client issues. This post is more about you, the challenges of working from what is supposed to be your sanctuary – home – and which now becomes your 24/7 space for all things known as your life. There is no denying that being able to practice from your home has a lot to offer on the upside, no duplicative overhead (instead, actual home use tax deductions), no dress code unless you are meeting clients, hours saved…
  • Don’t Type. Talk.

    Debra Bruce
    14 Aug 2014 | 5:30 am
    I’ve previously written here about “Leveraging Dictation Technology to Save Time and Overhead.” I’m a big fan of dictation and I often dictate on my iPhone for emails, texts, searches on Google or a map app and to ask Siri a question. If you do that too, you are already using Nuance speech recognition software for free. It’s a less powerful version Than Nuance’s Dragon Naturally Speaking program for PCs or the Dragon Dictate program for Macs. The smartphone apps I mentioned do not train to your accent, but they are still surprisingly good. My opinion of Siri improved considerably…
  • The Dangers of Dabbling in Multiple Practice Areas

    Laura Loyek
    12 Aug 2014 | 5:30 am
    There are intricacies in every practice area that attorneys unfamiliar with the subject don’t know.  Even worse, they often don’t know what it is that they don’t know.   While it is true that generalist attorneys still exist and expertise can only come with experience, it can be very risky to dabble* in “whatever walks through the door.” Travis Jones was an attorney in a small town in western North Carolina.  He had a successful general practice.  For a number of years, he devoted the majority of his time to real estate transactions, primarily residential closings.  This…
  • When You Get Derailed, How to Get ‘Railed’, Again.

    Susan Cartier Liebel
    11 Aug 2014 | 5:30 am
    It happens to us all. We simply derail. We get overwhelmed, undernourished (not underfed), anxiety-ridden about the world and our future in it. Our best marketing efforts and business-building goals just fall by the wayside.  But to make it worse, somehow we feel like we can’t keep up with those we believe are superstars in our chosen profession, that it would be admitting weakness if we acknowledged there are simply (large) blocks of time when we are not chugging full speed ahead with a blazing smile.  And we fight the idea it is a normal part of our personal and professional ebb…
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    Above the Law

  • State Attorney General Candidate Described As ‘Train Wreck’ By His Former Law Firm Evaluators

    Elie Mystal
    21 Aug 2014 | 3:06 pm
    Embarrassing performance review of a state candidate.
  • Non-Sequiturs: 08.21.14

    Joe Patrice
    21 Aug 2014 | 2:03 pm
    * Judge John D. Bates wrote a letter to the Senate Judiciary and Intelligence Committee leadership “on behalf of the Judiciary” explaining why it’s important to keep FISA an opaque Star Chamber. Chief Judge Kozinsky, um, disagrees with that “on behalf” part, and calls out Judge Bates in this letter for mouthing off where he has absolutely no authority. [Just Security] * The twisted, contradictory, desperate logic behind Halbig. In GIF form!!! [Buzzfeed] * Two InfiLaw schools, Florida Coastal and our Twitter buddies at Charlotte, are offering refunds to students who perpetually fail…
  • Can We Picture A White Police Officer Murdering a Black Teenager Without Race Being a Factor?

    Tamara Tabo
    21 Aug 2014 | 1:26 pm
    How could we distinguish a set of facts where a white police officer improperly kills a black teenager without racial bias from one where a white officer improperly kills a black teenager because of racial bias?
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    Simple Justice

  • It’s A Poor Mechanic Who Blames The Terry Stop

    21 Aug 2014 | 6:35 am
    After the monumentally disturbing op-ed in the Washington Post by “homeland security” professor Sunil Dutta,  I’m a cop. If you don’t want to get hurt, don’t challenge me, Judge Richard Kopf posed an interesting question: I wonder whether Terry v. Ohio, improperly understood and mistakenly taught in police academies to give virtually unlimited power to stop (and frisk) citizens as they go about their business, emboldened generations of cops to be overly aggressive when they encounter citizens who simply don’t look right? If I am right that Terry is at least partially…
  • A Test of Sorts: Kajieme Powell

    21 Aug 2014 | 5:16 am
    A question was posed about what could have been going through Kajieme Powell as he waited for St. Louis police to arrive.  Lacking that magical power to read the minds of others, to project my thoughts into his and assume they were valid, I demurred.  Of course, Powell can’t explain because he’s dead. The background was unsatisfying. Authorities said Kajieme Powell stole donuts and energy drinks from a store yesterday afternoon, which prompted the owner to call police, according to KSDK. When two officers arrived shortly before 1 p.m., they said they observed Powell acting…
  • Being Right Means Never Having To Say You’re Sorry

    20 Aug 2014 | 5:01 am
    To a UC Santa Barbara professor of feminist studies, there are small wrongs and big wrongs.  Mireille Miller-Young committed a small wrong, for which she offered a small apology in anticipation of sentence: “As much as the images they displayed were offensive and distressing to my students, and to me, I had no right to take their poster or destroy it,” she writes. The poster refers to the anti-abortion poster used by Thrin and Joan Short.  Miller-Young saw it, lost it, seized it and, in the process, committed battery on Thrin.  But all this, from the suppression of ideas…
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    Law and Magic Blog

  • Law Vs. Magic

    11 Aug 2014 | 5:53 pm
    I came across this review/discussion of Edith Nesbit's The Enchanted Castle by Emily Croy Barker, published in the New York Times last year. Says Ms. Barker,  As disciplines, magic and the law are usually considered to have little in common. One is mystical, otherworldly, associated with phenomena that reason can’t comprehend; the other is anchored in the affairs of this world and at least aspires to be governed by logic and principle. And yet, as literature shows us, if you want to dabble in magic safely and successfully, it helps to have the advice of a good attorney. Hmmm. When I…
  • Legal Magic

    11 Aug 2014 | 5:36 pm
    More lawyer-magicians: Bill Evans, current President of the International Brotherhood of Magicians, and David Cohen of Reed Smith. Check out Mr. Cohen's videos: he uses magic to explain some discovery issues and other interesting issues that arise in legal practice today.  Key Discovery Predictive Coding Litigation Costs Quality Vs. Value Days of Paper We could say that Mr. Cohen's use of magic to illustrate his points is just so much eye candy. But I think what he does here is first to get our attention, which is immensely valuable, and second, make his comments memorable, whie…
  • Penn & Teller's "Fool Us" Series Now Airing On The CW

    6 Aug 2014 | 6:00 pm
    The CW has begun televisig episodes of the series Penn and Teller: Fool Us Wednesdays at 8 p.m, 7 Central time. More here. The show features really good magicians who perform their best illusions and attempt to deceive the famous duo. If they succeed, P&T invite them to appear at the Rio Penn & Teller Theater in Las Vegas.  Another magic series available on The CW is Masters of Illusion, broadcast Fridays at 8 p.m.,7 Central time. More here.
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    How Appealing

  • "Superior Court upholds Joan Orie Melvin conviction"

    Howard Bashman
    21 Aug 2014 | 1:28 pm
    "Superior Court upholds Joan Orie Melvin conviction": Paula Reed Ward of The Pittsburgh Post-Gazette has this news update. Adam Brandolph of The Pittsburgh Tribune-Review has a news update headlined "State Superior Court upholds conviction, sentence of former Justice Melvin." And The Associated Press reports that "Ex-Pa. high court judge still has to write apology, just not on her picture." You can access today's ruling of the Superior Court of Pennsylvania at this link.
  • "Supreme Court case to shape Ferguson investigation"

    Howard Bashman
    21 Aug 2014 | 1:05 pm
    "Supreme Court case to shape Ferguson investigation": The Associated Press has this report.
  • Not 'it': Ninth Circuit holds that 'tag' jurisdiction doesn't apply to a corporate defendant.

    Howard Bashman
    21 Aug 2014 | 10:37 am
    Not 'it': Ninth Circuit holds that 'tag' jurisdiction doesn't apply to a corporate defendant. Fans of civil procedure and personal jurisdiction issues are likely to enjoy reading a decision that the U.S. Court of Appeals for the Ninth Circuit issued today.
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    Legal Juice

  • Sure, The Thought Of Getting Married Can Give You The Jitters, But This?

    John Mesirow
    20 Aug 2014 | 9:09 pm
    People get cold feet all the time, and there are several ways to deal with it. You probably haven’t thought of this one, as reported by The Daily Mail: A fiancé faked his own death by telephoning his partner and pretending to be his father breaking the bad news – so he could get out of his approaching wedding day, it was revealed today. Wow. A real gentleman this one. Bride-to-be Alex Lanchester, 23, of Sutton Coldfield, West Midlands, received a phone call just months before her wedding claiming that Tucker Blandford, also 23, of Stamford, Connecticut, had died in a car…
  • You Fell For The Old “Diversion-Style” Burglary?

    John Mesirow
    19 Aug 2014 | 9:04 pm
    As criminal schemes go, this actually isn’t a bad one. So no slamming the victim today. As reported by per According to Montclair Detective Lt. David O’Dowd, the “diversion-style” burglary hit a Fairview Place home at about 2 p.m. on August 8 when a man wearing beige work clothes and carrying a portable radio rang the doorbell. It begins … The man told the homeowner he was working on a water issue in the area, and she let him in to test some of her faucets, police said. After running the water, he led the woman outside to a garden hose, where the two stood for about…
  • Location, Location, Location – No, Not Real Estate … Tweeting

    John Mesirow
    18 Aug 2014 | 9:08 pm
    Everyone has heard the old saying about real estate – location, location, location. If you didn’t think that this applies to tweeting, you will now. As reported by The Arab Times: The Misdemeanor Court sentenced a Twitter user to two months in prison with hard labor and temporary compensation for insulting a poet. Attorney Hussein Al-Asfour, lawyer for the plaintiff, pointed out in court that the accused tweeted statements deemed offensive to the poet; especially since the tweets were about the latter’s personal life. The accused posted the offensive tweets again after the…
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    Ernie the Attorney

  • Who is censoring your information?

    Ernie Svenson
    3 Aug 2014 | 8:20 am
    Are you aware that someone is censoring your incoming mail? Okay, it’s not your mail exactly. It’s all of the information you receive. Someone is tampering with it, and you’ll be surprised who it is. The culprit is you. Or more precisely: your brain. Your human brain is constantly filtering out useless information. What kind of information is “useless”? Well, that depends on how your brain has been programmed. If you grew up in a community of religious fundamentalists you’ll filter out opposing messages that challenge the tenets of that religion. That’s a “worldview…
  • Virtual assistants that are affordable and super helpful

    Ernie Svenson
    27 Jul 2014 | 6:55 am
    What kind of virtual assistance can you get for $25 a month? Until I tried FancyHands I would have said “nothing worthwhile.” But my friend Chad Burton persuaded me to try them, and I’ve been pleasantly surprised. Under the “starter plan,” FancyHands virtual assistants will handle 5 tasks per month. Five tasks for $25 per month may not seem worthwhile, but that’s the surprise. At least if you’ve never used a virtual assistance service before. First of all, you can get more than 5 tasks your first month. FancyHands offers incentives options that, if you agree…
  • The voice in your head

    Ernie Svenson
    13 Jul 2014 | 3:03 pm
    Have you ever noticed the little voice in your head? Every human who has learned to speak a language has a little voice in their head. Thinking is possible only because of that little voice. If you notice yourself thinking, as you are thinking, then you’ve noticed the little voice in your head. So what? Well, it might be important to know how that little voice operates. What kind of effect does it have on your life? Does your little voice send you encouraging thoughts? Or, does it dwell on pessimistic things? Usually the little voice sends you messages based on things that happened in…
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    Ask the Lawyer @ Dear Esq.

  • How Can My Daughter Enforce Her Property Rights?

    House Attorney
    20 Aug 2014 | 9:23 pm
    My daughter just bought a home and she has a lot of property behind her home that the neighbor has claimed she owns. According to the deed it shows that my daughter owns at least half the garage.
  • Who is Liable for Damage to My Engagement Ring?

    House Attorney
    19 Aug 2014 | 9:12 pm
    I was school clothes shopping at a mall last year (2013) with my son. We passed a very well-known highly reputable jewelry store. They were offering free cleaning of jewelry/rings. The little girl asked me if she could clean my rings (I have a large aquamarine and diamond pave set engagement ring that has to be steam cleaned/ultra sonic because the stone is chemical sensitive). Anyhow she took the rings and I asked her to also check the stones in case there were loose ones. She said okay and off she went. I was looking around the store waiting when she brought them back to me. As I looked at…
  • Is the Landowner Responsible for Maintaining the Yard?

    House Attorney
    18 Aug 2014 | 8:37 pm
    I own my mobile home, but I rent the piece of land it sits on (not a mobile home lot but just a piece of property). I pay monthly rent to the landowner.
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  • New Paper on the Fourteenth Amendment.

    Mark Graber
    20 Aug 2014 | 2:29 pm
    I have just posted "Constructing Constitutional Politics: Thaddeus Stevens, John Bingham and the Forgotten Fourteenth Amendment" on SSRN.  The abstract of the paper is as follows:This paper maintains that Thaddeus Stevens and other Republicans who were primarily responsible for drafting the Fourteenth Amendment sought to construct a constitutional politics that guaranteed to the extent feasible that the persons who remained loyal to the Union during the Civil War, white and black, would control the meaning of the post-Civil War Constitution. The Thirteenth Amendment abolished slavery.
  • Taking Liberties with the Last Word

    Guest Blogger
    20 Aug 2014 | 9:35 am
    Rob WeinerSometimes, lawyers are fortunate that an opponent does not get the opportunity to reply to their argument and they get the last, unchallenged, word on an issue.  The Halbig case presents a prime example.  On Monday, the plaintiffs seeking to nullify a key provision of the Affordable Care Act filed their response to the Government’s petition for rehearing en banc.  The response takes full-- albeit not fair -- advantage of being the last word before the D.C. Circuit considers the petition.To begin with, the Halbig plaintiffs never cite Rule 35 of the Federal Rules of…
  • War and Peace in Time and Space

    Mary L. Dudziak
    20 Aug 2014 | 6:41 am
    My new paper War and Peace in Time and Space was inspired/provoked by the indomitable Yxta Maya Murray, who invited me to participate in a symposium on Law, Peace and Violence: Jurisprudence and the Possibilities of Peace at Seattle University Law School. Yxta's commitment to peace as something that does or can truly exist in the world helped me to see that, in my work on wartime, I was not taking peace seriously enough. This led me to revisit the question of what peace might be in a nation engaged in ongoing armed conflict. My answer to this puzzle is to turn to geography/spaciality. I will…
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  • What if your employer gave you a Fitbit to wear and reduced your health insurance payments if you racked up the right number of steps?

    21 Aug 2014 | 1:09 pm
    "We think the device is easy to use, gets people aware of how little they are walking and helps trigger people to get active.... BP doesn’t see any of the data except in the aggregate." Yes, but isn't this creepy, the boss making you wear a bracelet that counts your steps? Meanwhile, Fitbit stands to do well if this catches on.But how do they know who is wearing the device? You could snap that thing onto whichever family member is doing some exercise, including a dog running around in the backyard while you watch TV and eat potato chips. You'll have to make the damned thing creepier to…
  • "It was a guy I knew a little bit about, and I didn’t like his reputation... I just kind of interposed myself..."

    21 Aug 2014 | 12:52 pm
    "... and started talking to her about something. The guy got the message and he took off," said Adam Erickson, a Yale sophomore, describing something he did at a party where a female seemed to be drunk and a male seemed to be sexually interested in her. Erickson is quoted in an article at Bloomberg titled "Hook-Up Culture at Harvard, Stanford Wanes Amid Assault Alarm."I think Erickson sets a good example of the way we should be looking out for one another. I suspect it will be hard for most people to break couples up like this. It takes some judgment and skill, and you incur some risks. Are…
  • "I guess, all in all, I wish I wasn’t American."

    21 Aug 2014 | 8:24 am
    Said James Foley, shortly before his beheading, quoted in "How the U.S. and Europe Failed James Foley/America doesn't negotiate with terrorists. Should it?"Linked by Instapundit, who says, "The response to Foley’s beheading should have been a MOAB dropped on an ISIS-held town."I have no idea what the right answer is. I am not a military strategist. I want ISIS defeated, but these kidnappings (and beheadings) are their strategy for luring us into their game. They might love us to obliterate one of their towns.ADDED: The NYT reports [ISIS] pressed the United States to provide a…
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    Concurring Opinions

  • PASPA, Uniformity Requirements, and the “Equal Sovereignty” Principle

    Michael Coenen
    20 Aug 2014 | 1:35 pm
    Fans of federalism and/or sports betting were likely disappointed to see the Supreme Court deny cert last month in Christie v. National Collegiate Athletic Association.  The case involved the constitutionality of the federal Professional and Amateur Sports Protection Act of 1992, which generally prohibits the licensing, promoting, and authorization of sports-betting activities in all states except for Nevada (and a few other states to a lesser extent).  One of the challengers’ claims involved the so-called “equal sovereignty” doctrine, most recently recognized by the Court in Shelby…
  • Some Textual Questions

    Gerard Magliocca
    20 Aug 2014 | 9:32 am
    I was rereading the Constitution the other day, and two things stuck out this time that I had not thought about before. 1.  Article I, Section 3 says “each senator shall have one Vote.”  But Article I never says that each Representative shall have one vote.  I wonder why.  Perhaps because the Senate was new, the Framers felt the need to clarify the role of a Senator.  Representatives, by contrast, were more familiar and thus everyone knew that each one would get one vote. 2.  When addressing impeachment, Article I, Section 3 also says that anyone removed from office shall…
  • FAN 28 (First Amendment News) — The Demise of Stare Decisis?

    Ronald K.L. Collins
    20 Aug 2014 | 5:27 am
    Professor Randy Kozel Start here: “Under the conventional view of constitutional adjudication, dubious precedents enjoy a presumption of validity through the doctrine of stare decisis.” Okay, so much for the gospel regularly taught in law schools. But there is another gospel — the one actually practiced by judges. (Somewhere the old Florentine grins.) Now consider this: “[W]ithin the First Amendment context, there is no such presumption. When the Court concludes that a precedent reflects a cramped vision of expressive liberty, adherence to the past gives way.
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    Sui Generis-a New York Law Blog

  • Online tools to streamline your email

    15 Aug 2014 | 8:05 am
    This week's Daily Record column is entitled " Online tools to streamline your email."  My past Daily Record articles can be accessed here. Online tools to streamline your email These days we spend an awful lot of time sorting through and responding to emails. Oftentimes, email ping pong can take up a tremendous amount of time as we attempt to schedule meetings or phone calls on dates and times that work well for a group of invitees. Another problem often encountered is that, for many of us, our email operates as a “to-do” list, which can sometimes become overwhelming since email…
  • Will lawyers embrace wearable tech, and the future?

    8 Aug 2014 | 7:02 am
    This week's Daily Record column is entitled " Will lawyers embrace wearable tech, and the future?"  My past Daily Record articles can be accessed here. Will lawyers embrace wearable tech, and the future? Technology is changing at a rapid clip. Devices that were once a marvel less than a decade ago, like e-readers, smartphones and tablets, are now commonplace. Cloud computing is on the rise and social media use and postings, whether by parties, witnesses or jurors, is now a factor in the vast majority of cases being litigated in courtrooms across the country. The times the are a…
  • Tech goals for solo and small-firm lawyers

    1 Aug 2014 | 10:35 am
    This week's Daily Record column is entitled " Tech goals for solo and small-firm lawyers."  My past Daily Record articles can be accessed here.  Tech goals for solo and small-firm lawyers Every year I write about different legal technology surveys that are released. Many focus on how lawyers are actually using legal technology, such as the ABA’s annual Legal Technology Survey. But it’s also helpful to know how solo and small-firm lawyers envision using technology in their practices.That why the results of two legal technology surveys about lawyers’ plans to use legal technology…
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  • Outsourcing the Board: A Good Idea?

    Sung Hui Kim
    21 Aug 2014 | 12:17 pm
    This week’s Economist has a column praising my UCLAW colleague Stephen Bainbridge’s and University of Chicago law professor Todd Henderson’s creative proposal, published in the Stanford Law Review, to replace individual directors with professional-services firms acting as Board Service Providers (BSPs).  (That article can be accessed here.)  The column nicely summarizes the possible impact of such a change: “Messrs Bainbridge and Henderson argue that this would require only a simple legal change but could revolutionise the stick-in-the-mud world of boards. It would replace today’s…
  • Trying To Understand New York State's Regulation Of Business

    David Zaring
    20 Aug 2014 | 8:50 am
    You'd think that the state that's home to the center of American business would take a Delaware-style light touch approach to overseeing it.  But instead, the New York paradigm is to take ambitious politiicans, blend with broadly worded supervisory or anti-fraud statutes like the Martin Act, and come up with stuff that, to my ears, sounds almost every time like it is off-base, at least in the details.  So: Eliot Spitzer pursued research analysts for the sin of sending cynical emails even though they issued buy recommendations, despite that fact that analysts never issue negative…
  • In Praise of Maritza Munich

    Sung Hui Kim
    19 Aug 2014 | 2:27 pm
    The blogosphere is filled with chatter about the recent decision Wal-Mart Stores, Inc. v. Indiana Electrical Workers Pension Trust Fund IBEW, Del. Supr., No. 614, 2013 (July 23, 2014), in which the Delaware Supreme Court en banc explicitly endorsed the Garner exception to the attorney-client privilege in a Section 220 books-and-records proceeding. But there been less attention showered on Maritza Munich, the general counsel of Walmart International, who resigned. As the court opinion tells us, Munich tried to stop the bribery scandal that was unfolding at the world’s largest retailer. As…
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    Ms. JD Blog

  • Ms. JD Pre-Law: Insights from the Ms. JD Board Recap Part II

    Laura Bladow
    20 Aug 2014 | 8:59 pm
    Ms. JD's second online pre-law event took place last night as a group of the Ms. JD Board of Directors shared their pre-law insights in a Google Hangout! In case you missed it, you can check out the YouTube video below to catch up!  Miss Part I? Catch up here!  If you're looking for more pre-law advice be sure to download Ms. JD's Pre-Law Prep Guide, follow along on Twitter @msjdtweets, and join us next week for our Twitter Chat on Thursday, August 28th at 2pm ET to share your pre-law experiences!
  • A Firm of Their Own: Mikayla Kellogg and Kelly Van Aken

    19 Aug 2014 | 10:56 pm
    I've been following the law firm of Toscano Kellogg & Van Aken since the firm launch, not only because the partners were law school classmates of mine, but because it's wonderful to watch two smart, dynamic women (along with their male partner, Eric) pave a new path for themselves. It also helps that they have beautiful branding--ever since going through the Ms. JD re-branding process, I have a newfound appreciation for a good brand! I asked Mikayla Kellogg and Kelly Van Aken to tell us what it was like to take the leap from BigLaw and give us…
  • Ms. JD Pre-Law Event in DC - Decision Point: Law School

    Laura Bladow
    19 Aug 2014 | 5:14 am
    Is law school the right move for you? Whether you’re just starting to explore the option of law school, or you’re planning to apply in the near future this panel event will provide valuable insight into the law school admissions process, the realities of law school, and what life as a lawyer looks like in today’s economy. On September 9, 2014, Ms. JD and George Washington University School of Law will host Decision Point: Law School. You’ll have the opportunity to have your pre-law questions answered directly by admissions officers, law students, and attorneys. The…
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    Legal Profession Blog

  • Waiver Of Ineffective Assistance Claims As Part Of Plea Bargain Violates Ethics Rules

    Legal Profession Prof
    21 Aug 2014 | 11:07 am
    The Kentucky Supreme Court has affirmed a Bar Association Ethics Opinion that[s] with the ethical ramifications of one aspect of..."horse trading between prosecutor and defense counsel." The United States Attorneys for the Eastern and Western Districts of Kentucky had...
  • Inherit The Wind

    Legal Profession Prof
    21 Aug 2014 | 4:30 am
    An opinion yesterday from the New York Appellate Division for the Second Judicial Department It is a well-established equitable principle that a wrongdoer should not benefit from his or her own wrongdoing. On this appeal, this Court is presented with...
  • New book on reform and challenges in the Irish legal profession after bailout by Troika

    Legal Profession Prof
    20 Aug 2014 | 8:36 pm
    Maeve Hosier, a recent doctoral graduate of NUI Galway, has published her thesis The Regulation of the Legal Profession in Ireland. After seeing her Law & Society Asssociation conference talk on the Irish financial meltdown and its implications for the...
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    China Law Blog

  • How To Get Legal In China. Now.

    20 Aug 2014 | 2:20 pm
    During the past year, the number of calls from American (sometimes European) SMEs pushed out of China for having operated there without a legal entity (such as a WFOE) have doubled? What is causing this increase of foreign companies getting shut down in China?It’s the economy, stupid. As China’s economy tightens, various local governments increase their crackdowns on foreign companies operating illegally. Period. But what also happens is that these foreign companies terminate their relationships with their Chinese personnell and then those ex-personnel report the company for…
  • China Contracts and the Unknown Counterparty

    19 Aug 2014 | 3:48 am
    Whenever one of our China lawyers drafts an agreement for a client doing business in China, one of the first things we ask is the identity of the Chinese counterparty. It’s a deceptively simple question. The typical Chinese manufacturer (for example) is composed of multiple entities, with complicated lines of ownership. One entity may run the factory, another entity may run the office, and a third entity may serve as a holding company – and is probably based in Hong Kong or Taiwan. Overseeing the entire operation is a controlling shareholder who could care less which entity is the…
  • Vietnam As China Replacement

    18 Aug 2014 | 3:48 am
    You know how when you buy a particular kind of car you all of a sudden see that particular brand of car everywhere? A similar thing has been happening to our law firm with respect to Vietnam. As soon as we brought on a really experienced Vietnam lawyer, we started seeing Vietnam opportunities just about everywhere: The high end shoe company client that was being threatened with a massive law suit in China by its China supplier for funds allegedly owed that supplier for shoes that our client literally could not sell? Start making the shoes in Vietnam. The clothing company that paid its…
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    Patently-O » Patent

  • Accelerating ex parte PTAB Appeals: For a Fee

    Dennis Crouch
    21 Aug 2014 | 10:00 am
    By Dennis Crouch The Patent Trial and Appeal Board (PTAB) is burdened with a statutory mandate to quickly reach final determination in its post-issuance review trials. To meet that requirement, the PTAB has put tremendous resources into its trial teams to ensure sufficient bandwidth to handle the hundreds of inter partes trials. At the same time, a 25,000 case backlog of pending ex parte appeals persists at the Patent Trial and Appeal Board.  Those cases do not have as clear of a statutory-mandate for rapid processing and, as a result, have clearly languished as the Board developed its…
  • Court Finds Patent Invalid; Then Orders Defendant to Stop Infringing

    Dennis Crouch
    20 Aug 2014 | 8:30 am
    By Dennis Crouch Following the Supreme Court’s equitable relief decision in eBay, many patentees have found it difficult to obtain injunctive relief to stop ongoing infringement – even after final judgment that the patent is both valid and infringed. In a recent decision, the District Court Judge Blake (D.Md.) seemingly flipped eBay on its head by enjoining TWi Pharma from making or selling a generic version of Par’s patented Megace ES formulary. The upside-down element of the decision is that the order granting the injunction issued only after the court found the patent claims…
  • Myriad Patents Now Challenged at the PTO

    Dennis Crouch
    19 Aug 2014 | 5:10 pm
    Myriad v. Gene Dx, Inc. In 2013, the US Supreme Court invalidated Myriad’s patent claims covering isolated DNA coding for the cancer causing BRCA1/BRCA2 by ruling that those isolated genes were unpatentable products of nature. However, the Supreme Court also ruled that the ‘created’ cDNA versions of the genes were patent eligible – or at least not excluded by the product-of-nature exception to subject matter eligibility. Following that decision, a number of companies indicated that they would enter the market and begin BRCA1/BRCA2 diagnostic genetic testing in violation of…
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    Religion Clause

  • 5th Circuit: Interior's Eagle Feather Rules Violate RFRA

    Howard Friedman
    21 Aug 2014 | 11:30 am
    In McAllen Grace Brethren Church v. Salazar, (5th Cir., Aug. 20, 2014), the U.S. 5th Circuit Court of Appeals held that the Department of Interior had not sufficiently shown that its policy of limiting permits for the possession of eagle feathers to members of federally recognized tribes meets the strict scrutiny requiremnts of the Religious Freedom Restoration Act. The regulations were adopted in order to enforce the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. At isssue was the use of eagle feathers at a powwow by a member of the Lipan Apaches which is…
  • A Note To Religion Clause Readers

    Howard Friedman
    21 Aug 2014 | 4:35 am
    A Note to Religion Clause Reders:The corollary to this famous New Yorker cartoon by Peter Steiner is that on the Internet nobody knows where you are located either.  So I wanted to let readers know that this week I am moving from Atlanta to the Detroit, Michigan area.  I know there are a number of Religion Clause readers in Michigan, and I look forward to perhaps our crossing paths as I emigrate back North.  In the meantime, blogging on Religion Clause over the next week is likely to be spotty.  Other than that, the blog will continue to look the same.-- HMF
  • Pennsylvania Diocese Gets Permanent Injunction Against ACA Contraceptive Mandate

    Howard Friedman
    21 Aug 2014 | 4:15 am
    In Brandt v. Burwell, (WD PA, Aug. 20, 2014), a Pennsylvania federal district court issued a permanent injunction under RFRA against requiring the Diocese of Greensburg, Pennsylvania and affiliated organizations to comply with the  compromise rules under the Affordable Care Act contraceptive coverage mandate.  In its 53-page opinion, the court said in part:Here, the issue is whether Plaintiffs, being non-secular in nature, have successfully proven that their right to freely exercise their religion under RFRA has been substantially burdened by the “accommodation,” which requires…
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  • A certain NFL team is on the warpath

    Ron Coleman
    18 Aug 2014 | 8:21 am
    Sorry about the pun — but then again, I’m not the PTO; then again, too, my attitude toward “scandalous and offensive” ethnic marks is different from that of lots of people, too. This one, in particular, has long rubbed me the wrong way. Regarding the Redskins appeal of the REDSKINS cancellation, here, courtesy of The Trademark Blog, is the complaint in Redskins v Blackhorse: Unsurprising:  Great reliance on the issues raised by the dissenting TTAB judge regarding the serious evidentiary problems with the TTAB ruling.  This is the core argument in our Federal…
  • Google Stock, Credibility Tumble

    Ron Coleman
    11 Aug 2014 | 3:52 pm
    Originally posted 2005-07-28 21:21:00. Republished by Blog Post Promoter We blogged on this a while ago — the question of whether Google News is the sort of fair and balanced you’d like to see in a service that in some sense is driven by a search engine. The Confederate Yankee blog brings the story up to date: And, like the recent “profit taking” in my favorite issue on Wall Street (well, I’m diversifying a little!), it isn’t pretty. (H/T to the Pretender.) Of course, we conservatives don’t go and divest our stock holdings over every little thing.
  • RIAA defenders directory

    Ron Coleman
    11 Aug 2014 | 3:52 pm
    Originally posted 2006-08-27 09:56:16. Republished by Blog Post PromoterI’m not so sure the RIAA isn’t on firm legal ground. In fact, I think they mostly are. Information may want to be free but so does crude oil; that doesn’t mean you can just set up a pump on my front lawn. But I do think their strategy and execution are stupid. So for what it’s worth I’m passing along this directory of attorneys defending RIAA defendants, put together by New York lawyer Ray Beckerman (who’s one of them). Hat tip to aTypical Joe.
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    Grits for Breakfast

  • Former TDCJ flak Michelle Lyons profiled: Witnessed 278 executions

    21 Aug 2014 | 8:48 am
    At Texas Monthly, Pam Colloff has a profile of former TDCJ flak Michelle Lyons titled, "The Witness," focused mainly on the 278 executions Lyons witnessed as part of her job before her termination/resignation in 2012. Lyons still supports the death penalty but the experience made her more thoughtful about the issue than most folks. She told Colloff:I came to believe that there were two kinds of people on death row. ... You had guys who were true sociopaths. A lot of them fell into that category. And then you had guys who’d gotten themselves into a bad situation—running with a rough crowd,…
  • Jail poetry project profiled

    20 Aug 2014 | 8:36 am
    For those of y'all who chipped in to help fund Kelsey Erin Shipman's Kickstarter campaign to publish a book of poetry by Travis County jail inmates, you may be interested in this feature profile of her and her project from the Texas Observer.
  • Exoneree confronts con whose crime caused false conviction

    20 Aug 2014 | 8:18 am
    Dallas exoneree Christopher Scott authored a recent essay at the Texas Observer about his experience visiting the man who actually committed the robbery and murder for which Scott was falsely convicted. There's compelling video accompanying the piece excerpted from an upcoming documentary. Good stuff.
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    Blonde Justice

  • Gee, Thanks.

    Blonde Justice
    4 Aug 2014 | 8:10 pm
    Judge, to my client, as part of the plea colloquy: And are you satisfied with the representation you have received from your lawyer?Asshole client, who has wasted a ton of my time being an asshole client:  Well, I mean, I have some critiques to offer her...
  • Running Wild

    Blonde Justice
    2 Jun 2014 | 9:47 pm
    One of the interesting things about working in a new court is learning the new lingo.  You say continuance, I say adjournment. You say FTA, I say bench warrant.But today I heard my new favorite localism. My client was telling me about what happened with his cases in another county. "Judge gave me thirty days running wild." (Note there is no article "the" here, always just "judge" instead of "the judge," "prosecutor" instead of "the prosecutor."  If I want to assimilate, I'll have to give up the "the.")Anyway, where was I?  Oh, I followed up with, "30 days on each case? You had…
  • Meeting the Best People

    Blonde Justice
    20 Apr 2014 | 7:37 pm
    One thing I really like is meeting other public defenders.  As my clinic teacher used to say, "Public defenders are the best people in the world." If not the "best," they're at least usually like-minded.  And in a world where our chosen profession is often misunderstood, that is no small thing.If you are a public defender having some doubts, or experiencing "burn out," I would suggest going to a PD conference, maybe even in another state, and making some new friends.  It helps to realize there are people going through the same (or worse) challenges, and people you can swap war…
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    Drug and Device Law

  • Hindsight is 20/20, And Yet Still So Blind

    Steven Boranian
    21 Aug 2014 | 2:44 pm
    Would you have bet on the Red Sox to win the 1986 World Series?  Would you have booked passage on the Titanic?  Would you have bought a ticket to see the movie Ishtar?  If someone asked us these questions today, we all would answer in the negative because we already know the outcomes.  The 1986 Red Sox won 95 games that year and were riding the arms of their two young stars, Bruce Hurst and Roger Clemens.  They may have been a good bet at the time, but Bostonians can still see that ground ball wiggling its way between the legs of a certain first baseman.  The…
  • A Cause for Celebration

    Steve McConnell
    20 Aug 2014 | 4:30 am
    Happy birthday to Al Roker, who makes even a rainy day forecast seem jolly.  Happy birthday to Amy Adams, who enchanted audiences in movies as diverse as Drop Dead Gorgeous, The Fighter, and American Hustle.  Happy birthday to the late Jacqueline Susann, who authored one of the key documents of the Mad Men era, Valley of the Dolls (1966).  That novel is what the English majors call a roman a clef – literally, a novel/romance with a ‘key.’  The key is the correspondence to real life.  Valley of the Dolls chronicled show biz women and their adventures in…
  • Plaintiffs’ Causation Case in The Zoloft MDL: Is Anything Left After A Second Daubert Opinion?

    Eric Alexander
    19 Aug 2014 | 10:44 am
                The week after Weeks II, we are not in position to tout our prognosticating on that decision.  We had certainly hoped that a rehearing would have signaled a smarter approach to considering innovator liability given that the vast majority of jurisdictions have rejected Conte.  We had not predicted a specific result, however, either through reading entrails, the flight patterns of birds, or tea leaves.  In a recent post on a Daubert challenge in the Zoloft MDL, we did make the prediction that we would be seeing…
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    Crime and Consequences Blog

  • Jones v. Chappell Appealed

    Kent Scheidegger
    21 Aug 2014 | 2:50 pm
    The California Attorney General today filed a notice of appeal in the Jones v. Chappell case.Earlier posts on this case: The Lackey Claim, AgainSumming up the Jones Death Penalty Case Why Jones v. Chappell is Wrong, Part 2Why Jones v. Chappell is Wrong, Part 3 -- Teague v. LaneTime to Appeal Jones v. Chappell, Ms. HarrisDoes a California District Attorney Have Standing to Intervene in a Federal Habeas Corpus Case?Further Strange Developments in Jones v. ChappellThe Attorney General said in a press release, "I am appealing the court's decision because it is not supported by the law, and it…
  • News Scan

    CJLF Staff
    21 Aug 2014 | 9:54 am
    Convicted Sex Offender Charged with Murder: Police in Washington have arrested and charged convicted sex offender Richard Atkisson with two counts of aggravated murder for the alleged killing of his two roommates this past weekend.  KOMO News reports that Atkisson admitted to police that he beat the two men to death after an argument escalated in their home.  Atkisson was sentenced to 23 years behind bars in 1993 for rape and also had prior convictions for burglary and failing to register as a sex offender, prosecutors also say Atkisson had an active warrant out for his arrest in…
  • DOJ's Version of Unbiased Justice

    Bill Otis
    20 Aug 2014 | 7:11 pm
    My friend Paul Mirengoff at Powerline has a depressing and ominous assessment of the chance that Officer Darren Wilson, the Missouri cop who shot unarmed but huge 18 year-old Michael Brown, can get a fair shake from the federal grand jury looking into the case.Eric Holder's Justice Department is in Missouri, some 50 strong according to Megyn Kelly, to investigate the shooting of Michael Brown and to decide whether to charge police officer Darren Wilson with civil rights crimes. The investigation and decision is in the hands of the Criminal Section of the Civil Rights Division.How much…
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    CLEWS Your Home for Historic True Crime

  • Murder & Mystery in Michigan

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

    Laura James
    2 Aug 2014 | 6:57 am
    (The Borowitz Collection is the greatest private true crime library ever amassed. This year the current owner, Kent State University, geared up to celebrate the 25th anniversary of the donation of the entire ensemble. In addition to all kinds of special events, the university put together a catalogue for a special exhibit of the gems of the collection. They asked me to write an introduction for the catalogue, which pleased me to no end, so this is what I came up with to introduce Albert Borowitz and his books.)   Thanks to the lawmakers and the industry of our criminal courts and mass…
  • Two-Dollar Terrors

    Laura James
    31 Jul 2014 | 5:00 am
    (Ed. note: This press release found its way onto my desk, and I'm running the gem as-is, replete with the journalist's sign-off. I admire the author's very traditional approach to, ironically enough, ebooks in our favorite genre, and I can already tell that he has unimpeachable taste in murder cases, so I subscribed to his blog. I'm also looking forward to his first actual-book book, which comes out this fall. If a non-fiction book title includes the words savage shocking, and scandal, I'm pretty sure I'm going to like it.) HAMILTON, OHIO -- In the spirit of the…
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  • U.S. Failed ISIS Raid Took Place in Ukayrishah, Raqqa

    21 Aug 2014 | 10:32 am
    The U.S failed attack on July 4 took place at Uribase near Raqqa, at a training facility named the Usama bin Laden camp. ISIS supporters and reporters tweeted it at the time, and a few articles were written about it. Paradoxy13 : According to... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
  • Thursday Open Thread

    21 Aug 2014 | 10:30 am
    I'll be in court the rest of the day. Here's an open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
  • U.S. Made Rescue Attempt of ISIS Prisoners in Syria

    20 Aug 2014 | 6:38 pm
    The Defense Department today announced it made a rescue attempt of Americans held by Syria. It was unsuccessful because there were no hostages at the location. Ground "components" were used. Apparently the attempt was made earlier this summer, not... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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    TheFunded Founder Institute News

  • Lessons Learned at the Founder Institute

    20 Aug 2014 | 11:45 pm
    The Founder Institute offers beginner, and veteran, entrepreneurs the unique opportunity to launch a meaningful technology company in an intensive four month program. While those who have graduated from the Founder Institute will tell you that it is not for everyone, many of them will also attest to the invaluable lessons they learned during their time in the program. But don’t take our word for it; read on to see what two recent graduates from the Melbourne Founder Institute have to say: In a Cheer Me blog post titled “Shut up and listen, & 4 others things the Founders…
  • The Hobbies of Successful Entrepreneurs

    20 Aug 2014 | 5:00 pm
    Life as an entrepreneur can be chaotic: you’re the first and last one in and out of the office, Saturdays turn into ‘bring your kids to work day’, and by Sunday you’re lucky if you get enough time to unwind and relax. Most may argue that entrepreneurs should separately manage their work-life balance, but others recommend forging these two aspects of life together. One way to do so is by crafting a hobby, activities that will help you escape from everyday stresses, while also contributing to your personal and professional development. Hobbies have been proven to make us…
  • What is an Angel Investor?

    19 Aug 2014 | 4:00 pm
    Oftentimes, entrepreneurs feel that their idea or company will need funding, whether it is to produce a tangible product on a small scale, or to create an app or service. Although funding may not always be a necessity as early on as many founders think (See: Bootstrapping) the large benefit that it does offer is the fact that with funding, things can executed either much more quickly, be launched on a much larger scale, or both. Before deciding what type of funding that you may need, it is important to discover what type of funding options you have. In our Startup Funding…
  • Founder Institute & PayPal Look for Entrepreneurs Innovating on Monetization (Scholarships Available!)

    19 Aug 2014 | 10:15 am
    According to TechCrunch, "Venture capital investment in payment technologies hit a five-year high in committed capital in the first quarter of 2014". In addition, as competition heats up for consumer and business applications, it is becoming more and more crucial for startups to create innovative revenue models, along with new ways to monetize users. The Founder Institute, in conjunction with the PayPal Startup Blueprint Program, wants to support entrepreneurs who have innovative ideas on monetization. As a result, we are announcing the "Startup Blueprint Scholarship"…
  • Have a Startup Idea? Get Online Feedback on an Upcoming Founder Hotseat Webinar!

    18 Aug 2014 | 12:35 pm
    Do you have an idea for a startup? Could you use feedback on your ideas from a leading Silicon Valley entrepreneur?  Then join us for an upcoming Founder Hotseat Webinar, with Adeo Ressi, the CEO of the Founder Institute. During this live and interactive online event, viewers can pitch their startups to Adeo, either through text or on screen in a video conference. Adeo will provide blunt and detailed feedback on the idea, the pitch and the business. Even if you don't want to pitch, you are invited to RSVP, log on, and watch how an expert startup advisor evaluates new business ideas.
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  • Florida ban on same-sex marriage nullified

    Lyle Denniston
    21 Aug 2014 | 2:55 pm
    Ruling that Florida’s ban on same-sex marriage “stems entirely, or almost entirely, from moral disapproval of the practice,” a federal trial judge in Tallahassee on Thursday ruled that the prohibition is unconstitutional.  In a thirty-three-page decision, U.S. District Judge Robert L. Hinkle ruled against the ban, but put his decision on hold to allow for an appeal. The new ruling made Judge Hinkle’s court the twentieth federal court in a row, over the past fourteen months, to rule as he did, and it followed similar decisions by four separate state court judges in…
  • Test of gap in veterans’ benefits for same-sex marriages

    Lyle Denniston
    21 Aug 2014 | 12:13 pm
    With six federal appeals courts already drawn deeply into the same-sex marriage controversy, a seventh — the specialized U.S. Court of Appeals for the Federal Circuit — has just become involved.  An advocacy group for military veterans who are legally married to same-sex partners has filed a new appeal seeking to close a gap in those couples’ eligibility for benefits, ranging from home loan guarantees to burial rights. After the Supreme Court’s decision fourteen months ago in United States v. Windsor, assuring equal access to federal marital benefits for same-sex…
  • Event announcements

    Kali Borkoski
    21 Aug 2014 | 7:39 am
    Two upcoming events focus on the Court and energy and environmental issues.  Today from 1 to 2:30 p.m., the State and Local Legal Center will host a webinar on last Term’s Utility Air Regulatory Group v. EPA.  Former EPA general counsel Roger Martella will discuss the implications of the case for state and local governments and future regulation of greenhouse gases by the EPA.  More information is available here. On September 18, from 8:30 to 10:30 a.m. at the National Press Club, the Law & Economics Center at George Mason University School of Law will host an event previewing cases…
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    Nuts & Boalts

  • Hanging By An OCI Thread

    8 Aug 2014 | 4:53 pm
    UPDATE 8/10/2014: READ AND FOLLOW RULES 2 AND 3.  Folks, I get the impulse to just jump on and post the offers and dings at hand.  But you're killing me.  It really does add to my workload exponentially to separate the wheat from the chaff.  Worst of all,, this is really not making Boalties look all that great at following directions.  So pretty please, with sugar on top, follow Rules 2 and 3.***Next Friday will mark 10 years to the day that I created this blog as a way of chronicling my experience in law school.  It has served well beyond its initial, humble…
  • John Yoo for Dean? WTF?

    Melvin Belli
    30 Jan 2014 | 3:43 pm
    Last week, students at Berkeley Law received a series of emails from the Berkeley Law Dean Search Committee announcing four candidate visits to campus in the coming days.This afternoon students received an email from a "Berkeley Law Dean Search" account inviting them to a last minute (presumably for security reasons) town hall in Booth Auditorium to consider a fifth candidate: our very own Professor John Choon Y*o. The email was formatted similarly to previous emails announcing candidate visits and many students believed it to be real. need to chain yourselves to anything in…
  • Who wants to be...Dean?

    Melvin Belli
    23 Jan 2014 | 6:03 pm
    And then there were four. Today all students received an email announcing the Dean Search Committee (including representatives from the faculty, main campus and a student) has selected four candidates, who will visit campus in February, to replace Dean E*ley.Whoever is chosen will have some big shoes to fill. I am an unabashed, if anonymous, Dean Edl*y supporter. Dean Edl*y came in facing a recent sex scandal, crumbling facility, a minuscule endowment compared to our peers and declining support from the state. During his tenure, Edl*y succesfully completed an ambitious 125 million dollar…
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    Larry Bodine Law Marketing Blog

  • Perfect Headline is Six Words Long

    Larry Bodine
    15 Aug 2014 | 5:11 pm
  • Death of the Web Conference - New Research from

    Larry Bodine
    12 Aug 2014 | 3:55 pm
    As virtual meetings become more commonplace, legacy web conferencing software is wasting an unacceptable amount of time, according to a new study from Ovum and It is based on a survey of more than 3,900 full-time professionals worldwide, regarding their collaborative behaviors and activities. The key findings from this report: Late start times are costing executives 5 days and 19 hours per year in lost time and productivity. Technical difficulties with web conferencing software is the number one cause of delayed meetings. More than 50 percent of employees report that the number…
  • The Best Subject Line to Get Your Email Opened

    Larry Bodine
    12 Aug 2014 | 4:00 am
    Believe it or not, the best subject lines start with "Re:" "RE: Follow Up" "Re: update" "Re: Introduction" and "Re: Checking in" 
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    Robert Ambrogi's LawSites

  • UMass Law’s ‘Justice Bridge’ Pairs New Lawyers with Needy Clients

    Robert Ambrogi
    19 Aug 2014 | 8:41 am
    The University of Massachusetts School of Law has launched what it is calling an incubator designed to help new lawyers start their careers while serving modest-income clients who might not otherwise afford a lawyer. Justice Bridge is described as a legal access center and law practice incubator that will help enable new lawyers to deliver high-quality, […] The post UMass Law’s ‘Justice Bridge’ Pairs New Lawyers with Needy Clients appeared first on Robert Ambrogi's LawSites.
  • Microsoft Launches Document Management System for Legal

    Robert Ambrogi
    18 Aug 2014 | 1:32 pm
    At the ILTA annual conference in Nashville today, Microsoft Corp. announced the release of a preview version of a new document management and collaboration platform designed for law firms and legal departments. Called Matter Center for Office 365, it works with Office 365 and allows legal professionals to securely find, organize and collaborate on files […] The post Microsoft Launches Document Management System for Legal appeared first on Robert Ambrogi's LawSites.
  • Another App from the ‘Hackcess’ Winner

    Robert Ambrogi
    18 Aug 2014 | 6:00 am
    I recently reported here about the ABA Journal’s Hackcess to Justice, the first-ever hackathon held during an ABA annual meeting. First prize went to William Palin, a Massachusetts lawyer. Over the course of the two-day event, he created PaperHealth, an iOS app that provides a quick and easy way to create a legally binding health care proxy or a […] The post Another App from the ‘Hackcess’ Winner appeared first on Robert Ambrogi's LawSites.
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    Wise Law Blog

  • 140 Law is Taking a Break

    Garry Wise
    20 Aug 2014 | 3:06 pm
    We will be taking a short hiatus from 140 Law, in furtherance of that elusive work-life balance thing we keep hearing so much about (not to mention the domestic bliss that will undoubtedly emerge as I spend a bit less time with my nose buried in my iPad while on vacation).There may still be the occasional tweet @wiselaw, so have a look there if you are in uncontrollable withdrawal.Enjoy the rest of the summer. We will be back after Labour Day. - Garry J. Wise, TorontoVisit our Toronto Law Office website: www.wiselaw.netVisit our website:
  • 140 Law - Legal Headlines for Wednesday, August 20, 2014

    Rachel, Law Clerk
    20 Aug 2014 | 6:00 am
    Here are the leading legal headlines from Wise Law on Twitter for Wednesday, August 20, 2014:Heavy Meta: Maine Man, 19, Poses For New Mug Shot Wearing T-Shirt With Photo Of His Old Mug ShotJulian Assange will not leave embassy until assured there will be no US extradition Report into deadly Lac-Mégantic, Que., train derailment finds 'weak safety culture' Court Reduces Notice Period, Employee Should Have Known Better Why law firms need R&D investmentJustice of the peace Alfred “Budd” Johnston suspended for dismissing 68 cases at once  Georgia judge to sex abuser mom: ‘You…
  • 140 Law - Legal Headlines for Tuesday, August 19, 2014

    Rachel, Law Clerk
    19 Aug 2014 | 6:27 am
    Here are the leading legal headlines from Wise Law on Twitter for Tuesday, August 19, 2014: Despite Supreme Court turndown raw milk activist won’t pay fine | Better Farming Report into Lac-Megantic tragedy to be released today Dershowitz: Gov. Perry’s indictment is an example of ‘criminalization of party differences’Judge OKs retaliation suit by Pennsylvania ex-police chief demoted after reporting cop’s sex abuse photos  A Criminal Mind: Do harms of criminalization outweigh the benefits? Iowa GOP rep. arrested for having sex with incapacitated wife after judge…
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  • The Productization of Legal Services – My New Article

    31 Jul 2014 | 7:28 pm
    The July/August issue of Law Practice magazine is now out, the theme is “Big Ideas,” and one of the big ideas included in the issue is covered in an article I wrote.In “Link to article,” I dive into the ways that lawyers might explore efforts made in other professions and industries in turning services into products. In general, I mean “information products,” but you might think even more broadly than I did in the article.The article gives some examples that gave me something to think about, explores how a “productized” approach might work and…
  • GC Research Club Interview about Legal Technology

    24 Jun 2014 | 6:32 pm
    William Barns Graham at the GC Research Club interviewed me a while back about technology as it relates to in-house counsel, some of my uses of technology, collaboration and other topics. The interview originally ran in two parts, but has been collected conveniently in one place, as “GCRC Interview: Dennis Kennedy, Vice President, Counsel at MasterCard Worldwide – Whole Interview” on the website, along with other interviews, all of which I would recommend. It’s nice to be able to reach an international audience with this interview.Ann Page, in her…
  • Presentation Tips for Legal Professionals: A Podcast Series

    29 May 2014 | 5:24 pm
    I’ve done a number of presentations lately in all sorts of formats – solo, duo, panels and webcasts. For the Kennedy-Mighell Report podcast on the Legal Talk Network, Tom and I decided to record an episode in which we shared some of our latest tips and observations about presenting. The result was the episode called “Presentation Tips for Legal Professionals.” After that podcast, we realized that we had barely tapped the surface of what we wanted to say on presentations, so I was able to talk Tom into recording two more episodes on presenting as part of a panel and presenting on…
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    Law Technology Today

  • Lawyers: Build Expertise To Stand Out

    Law Technology Today
    21 Aug 2014 | 5:15 am
    In this increasingly saturated market, being a successful lawyer means standing out from the crowd and becoming the expert in a specific field. Due to economic pressures, it is now necessary for a lawyer to develop a powerful brand in order to make a good living. This means going above and beyond being a hard worker and a self-aware lawyer. Additional research in the field, networking, and self-promotion to garner awareness are all necessary actions required to thrive in the legal community. In this episode of The Legal Toolkit, Jared Correia interviews internationally established marketing…
  • Streamline Your Practice for Greater Success

    Law Technology Today
    20 Aug 2014 | 5:45 am
    In this competitive legal market, small changes in the way firms handle their business can make the difference between thriving and simply getting by. Productivity, efficiency and the quality of client service are key elements to profitable firms and satisfied clients. Explore how firms can better manage matters to deliver optimal results. Join us on Wednesday, August 27th for Streamline Your Practice for Greater Success and More Satisfied Clients. About the Free Webinar: Streamline Your Practice for Greater Success and More Satisfied Clients Wednesday, August 27, 2014 2:00pm – 2:30pm…
  • BernieSez: A User’s Story

    Mike Asbury
    20 Aug 2014 | 5:30 am
    I first learned of while listening to a local radio show and thought the idea behind it was very interesting. A few months later I received a traffic ticket while traveling through a small town a few hours away. I have a very busy schedule and don’t have time to travel to appear in traffic court or seek out legal services in a town I have never been to before. After doing a search for information on, I sent them my ticket info and the details of my case. After a few days I hadn’t heard from anyone and decided to log on to the site and use the “chat”…
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    LawBiz® Blog

  • LawBiz® Legal Pad: Tips for Increased Revenue

    Ed Poll
    21 Aug 2014 | 6:00 am
    Ed offers 5 ways to increase your law firm’s revenue. 1. Emphasize collections. 2. Hire lateral lawyers to meet specific demands, a new practice area, a new need. 3. Leverage technology. 4. Create a cooperative compensation model that emphasizes the law firm as an institution. 5. Outsource functions that are better done by others. Delegate.
  • Where does a golfer go to retire?

    Ed Poll
    19 Aug 2014 | 6:15 am
    At some point, you will say, “What kind of life do I want to live?”  In a recent article in the Los Angeles Times (Thursday, August 14, 2014), a retired “workaholic” entrepreneur said “’You cannot not have a plan when you retire.’” He turned to retirement; though he didn’t plan it that way, he traded his many hours of daily work for golf, playing each and every day for 365 days.  He said “One obsession prepared me for (another).” The writer then continues, “All this makes me wonder: What do pro golfers do when they retire?” Life After Law: What Will You Do With the…
  • The Future of the Legal Profession: Change/Evolution or Disintegration/Elimination

    Ed Poll
    15 Aug 2014 | 2:04 pm
    Richard Susskind said:  “What I often say is that the future of law is not Rumpole of the Bailey, and it’s not John Grisham.  It’s not a version of what we have today slightly tweaked.  It will be people working in the legal sector but offering legal services and legal help in new ways.”  It may be the end of the profession as immortalised (sic) in courtroom dramas, but as software eats the old jobs it will have to create new ones too. Yes, I agree that technology will cause the delivery of legal services to altered, that legal services will be delivered more…
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    Innocence Blog

  • West Virgina Man Granted DNA Testing

    21 Aug 2014 | 10:43 am
    More than a year after a West Virginia man filed petitions for release with help from West Virginia Public Defenders and the West Virginia Innocence Project, a judge ruled in favor of new DNA testing. Joseph Lavigne, Jr. was convicted in 1996 of raping his then 5-year-old daughter and has been seeking to be released from prison ever since. The Charleston Gazette reported that although Putnam Circuit Judge Joseph Reeder denied Lavigne's request for a new trial, he did grant the request to allow testing of evidence that has either never been DNA tested before or hasn't been tested with current…
  • Another Wrongful Conviction Settlement in New York

    20 Aug 2014 | 1:23 pm
    Four years after Brooklyn prosecutors agreed to release a man convicted of a 1994 murder he didn't commit, he has reached a $10 million settlement with the city. The Daily News reported that Jabbar Collins, who spent more than 15 years in prison after he was wrongly convicted of the murder of Rabbi Abraham Pollack, ended his legal battle with the city Tuesday and joined the list of settlements built up under former Brooklyn District Attorney Charles Hynes. Collins fought for years to prove he didn't have a fair trial, and one month before he saw his conviction overturned, prosecutors finally…
  • Illinois' DNA Access Law Expanded

    19 Aug 2014 | 2:30 pm
    Legislation to expand Illinois' post-conviction DNA testing access law to inmates that have pleaded guilty was signed by the governor on Friday, acknowledging that innocent defendants sometimes plead guilty to avoid a severe punishment. The Chicago Tribune reported that the expanded DNA access law, which is sponsored by Senator Kwame Raoul, will give defendants who plead guilty a chance to use DNA evidence to clear their name if the evidence was not available at the time they took the plea. Defendants will get that chance after a judge finds there would have been a reasonable probability of…
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    Charon QC

  • August continues…still….

    Charon QC
    21 Aug 2014 | 11:04 am
  • August continues – and I am keeping myself amused….

    Charon QC
    20 Aug 2014 | 6:47 am
    August continues and I am keeping myself amused with a bit of painting – fences and ‘artworks’ (as I like to ‘style’ my ‘creations’ !) I suspect, like many law bloggers, I am struggling for things ‘law’ to write about at the moment – but as I write, news from Slaughter & May to whet the appetite for the coming Autumn… Slaughters and HSF lead on $14bn BHP de-merger Slaughter and May, Herbert Smith Freehills and Cleary Gottlieb Steen & Hamilton have won the top mandates advising BHP Billiton on a transformative de-merger…
  • I may have too much time on my hands…?

    Charon QC
    18 Aug 2014 | 7:49 am
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    UNDERDOG - Fairfax Criminal/DWI Attorney - Northern Virginia.

  • Of empowering storytelling, restorative justice and listening.

    19 Aug 2014 | 9:00 pm
    By Jon Katz, a criminal defense and DWI defense lawyer advocating in Fairfax County/Northern Virginia and beyond for the best possible results in drug, sex, DWI, felony and misdemeanor cases. The cashier who recently sold me a lemonade at a carryout restaurant told me simply to return the cup to the cashier for a free refill. I returned around thirty minutes later requesting a refill to the now-different cashier. She went off into a mantra that the only cup given to me was a water cup, and thus was ineligible for a free refill. I uttered barely two words to start…
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    The Legal Satyricon

  • A loss, is a tie, is a win.

    Jay Marshall Wolman
    20 Aug 2014 | 2:07 pm
    The Connecticut Bar Association voted on whether to sign onto a brief in support of a firearms law. The House of Delegates voted yes, 2-1, but there was a referendum petition. A vote was taken. By a vote of 734-729 (5 votes), the members voted to join the brief. Those opposed to signing the brief […]
  • That’s one way to do it

    12 Aug 2014 | 10:33 am
    It is a pretty common story — “christians” protest other people having fun. In this case, a church in Ohio decided that it is their business to protest a strip club and to harass its patrons. What makes the story uncommon — the strippers decided to protest the church. Filed under: misc
  • California Considers “Affirmative Consent” Requirement for Sex at Colleges

    12 Aug 2014 | 10:30 am
    The motivation for this law is noble – who doesn’t want college kids to consent before sex? If SB-967 passes, then California colleges will be required to adopt policies that require “an affirmative, unambiguous and conscious decision” by each participant. If one of them is silent or expresses no resistance, that’s not enough. If the […]
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    Chicago IP Litigation

  • Claim Differentiation Informs Claim Construction

    R. David Donoghue
    18 Aug 2014 | 2:49 am
    Cumberland Pharms, Inc. v. Mylan Inst. LLC, No. 12 C 3846, Slip Op. (N.D. Ill. Feb. 26, 2014) (Pallmeyer, J.). Judge Pallmeyer construed the claims in this patent infringement case involving an IV form N-acetylcysteine — used for treating acetaminophen overdoses.Of particular note, the Court held as follows: “Free From A Chelating Agent & “Free Of A Chelating Agent” were defined as “lacking one or more chelating agents.”“A” in these terms limited adding chelating agents, not the existence of any chelating agent.This was supported by dependent claims which specified…
  • Patent Eligibility Could Not be Decided on the Pleadings

    R. David Donoghue
    15 Aug 2014 | 3:18 am
    Vehicle Intelligence & Safety LLC v. Mercedes-Benz USA LLC, No. 13 C 4417, Slip Op. (N.D. Ill. Mar. 13, 2014) (Hart, Sen. J.). Judge Hart denied defendant’s Fed. R. Civ. P. 12(c) motion to dismiss plaintiff’s patent infringement claims related to screening drivers for various types of impairment and “controlling operation” of the vehicle if the driver is impaired.While the parties’ briefs showed likely issues of patentability, the Court could not decide whether the claims were patent eligible without further discovery regarding how and whether computers were used in the…
  • Social Media Alone Does Not Create Personal Jurisdiction

    R. David Donoghue
    13 Aug 2014 | 3:04 am
    Telemedicine Sol’ns LLC v. WoundRight Techs, LLC, No. 13 C 3431, Slip Op. (N.D. Ill. Mar. 14, 2014) (Dow, J.). Judge Dow granted defendant WoundRight Technologies’ (“WoundRight”) Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction in this Lanham Act case involving plaintiff Telemedicine Solutions’ (“Telemedicine”)& WOUND ROUNDS federal registration.Despite no physical or sales contacts with Illinois, Telemedicine argued that WoundRight “expressly aimed” its alleged infringing activities at Illinois using Google Ad Words, its website…
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    Ohio Employer's Law Blog

  • Cop loses big ADA verdict on a finding of no disability

    Jon Hyman
    21 Aug 2014 | 5:34 am
    When is a disability not a disability? When an employer fires a difficult employee based on his inability to get along with his co-workers, his ADHD diagnosis notwithstanding, at least according to the 9th Circuit in Weaving v. City of Hillsboro (8/15/14). Matthew Weaving was diagnosed with ADHD as a child. As an adult, he pursued a career as a police office, and later a police detective. He joined the Hillsboro, Oregon, Police Department in 2006.  His performance record at the HPD was spotty. His co-workers complained that he was often sarcastic, patronizing, and demeaning. After a 2009…
  • When the cat’s paw strikes retaliation

    Jon Hyman
    20 Aug 2014 | 4:45 am
    What happens when a decision-maker acts with an innocent motive, but unwittingly carries out the retaliatory motive of a subordinate? Does the cat’s paw impute the unlawful intent to the otherwise innocent manager or supervisor? In Seoane-Vazque v. The Ohio State University (6th Cir. 8/19/14) [pdf], the 6th Circuit held that while the cat’s paw applies to retaliation claims, it is still bound by the higher but-for causation standard the Supreme Court applied to retaliation claims in University of Tex. S.W. Med. Ctr. v. Nassar. Following Nassar, “a Title VII plaintiff alleging…
  • Even the lone wolf can establish protected concerted activity with today’s NLRB

    Jon Hyman
    19 Aug 2014 | 5:33 am
    In Fresh & Easy Neighborhood Market (8/11/14) [pdf], the NLRB held that an employee engaged in protected concerted activity merely by asking co-workers for help in making a sexual harassment complaint to her employer. It was irrelevant to the Board whether the employee had engaged other employees for group activity; all that mattered was that the employee engaged others at all. Margaret Elias, a cashier, wrote a note on a whiteboard about some training known as “TIPS.” When she returned to the whiteboard the next day, she noticed that the “P” in “TIPS” had been changed to a…
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  • Apologies for the hiatus in blogging

    3 Aug 2014 | 2:26 pm
    I have not been active here due to a death in my family. And I will be back soon.
  • Yoga for Lawyers: Who are the lawyers who wrote the book?

    19 Jun 2014 | 5:43 am
    A new book on yoga written for lawyers has been published by the American Bar Association. The coauthors are lawyers from New Mexico. Hallie Love's Web site includes this description of the book: Written by lawyers Hallie Love and Nathalie Martin, Yoga for Lawyers - Mind-Body Techniques to Feel Better All the Time, published by the American Bar Association 2014,  is a gentle introductory approach grounded in scientific studies, scholarly research, and clear instructions. Proven to relieve stress, energize, and improve sleep, the featured easy-to-learn and easy-to-do meditative…
  • Can drawing improve lawyering and mediation skills? Art is helping some members of the medical profession

    15 Jun 2014 | 8:50 am
    Although this article uses the neuromythology of right brain/left brain, and is focusing on the medical profession, it nevertheless includes some observations that could prove useful for lawyers and other conflict practitioners. From an article in Philadelphia's The Inquirer "Restoring left-brain activities to medical school" (a title that is puzzling as it does not fit the article even if one uses the neuromyth of the brain being divided in function): Medical education is in a crisis. According to a study in the Annals of Internal Medicine, half of 4,287 students surveyed at…
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    Privacy Law Blog

  • Capital One to Pay Largest TCPA Settlement on Record

    Margaret A. Dale
    19 Aug 2014 | 10:49 am
    Margaret A. DaleCapital One Financial Corp. (“Capital One”) and three collection agencies have agreed to pay one of the largest settlement amounts in history — $75.5 million — to end a consolidated class action lawsuit alleging that the companies used an automated dialer to call customers’ cellphones without consent in violation of the twenty-two-year-old Telephone Consumer Protection Act (“TCPA”). Judge Holderman of the Northern District of Illinois preliminarily approved the settlement in late July.  TCPA Allegations and the Proposed Settlement In 2012, separate cases…
  • Microsoft Ordered to Hand Over Data to the U.S. Government

    Rohit Dave
    15 Aug 2014 | 11:20 am
    Rohit DaveIn April, Microsoft tried to quash a search warrant from law enforcement agents in the United States (U.S.) that asked the technology company to produce the contents of one of its customer’s emails stored on a server located in Dublin, Ireland. The magistrate court denied Microsoft’s challenge, and Microsoft appealed. On July 31st, the software giant presented its case in the Southern District of New York where it was dealt another loss. U.S. District Judge Loretta Preska, after two hours of oral argument, affirmed the magistrate court’s decision and ordered Microsoft to hand…
  • PCI Council Issues Biz Tips to Reduce 3rd Party Security Risk

    Jessica Goldenberg
    14 Aug 2014 | 9:51 am
    Jessica GoldenbergOn August 7, 2014 the PCI Security Standards Council issued new guidance to supplement PCI DSS Requirement 3.0 and help organizations reduce the risks associated with entrusting third-party service providers (“TPSPs”) with consumer payment information.  More and more merchants use TPSPs to store, process and transmit cardholder data or manage components of the entity’s cardholder data environment.  A number of studies have shown that breach is tied increasingly to security vulnerabilities introduced by third parties.  To combat such risk, a PCI special interest…
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    Lawyers, Guns & Money

  • Evolution Navel-Gazin’

    21 Aug 2014 | 1:24 pm
    Awhile back I wrote a an entry talking about evolution and how it was evident simply by looking at how various animals changed through the years and often resembled each other. I was corrected by a commenter who noted that while often animals resemble each other, they are not necessarily related. In other words, before the exchange in my old thread I may have assumed the icthyosaurs were the ancestors of our modern dolphins. I don’t think they are, since icthyosaurs were reptiles; dolphins are mammals. And then there are all the crocodilian-looking creatures from pre-history. It’s…
  • The Great Mistery of the Great Whore Unfolded

    Erik Loomis
    21 Aug 2014 | 10:56 am
    Brooke Palmieri has a great discussion of early Quaker pamphlet printing and the impact they had upon 17th century English religious life. It sounds like that if you weren’t a Quaker, they were really annoying, in part because they flooded the nation with their literature. Well worth reading.
  • Lessons of Salaita

    Erik Loomis
    21 Aug 2014 | 8:51 am
    Why have we seen a recent crackdown on academic freedom and freedom of speech against academics, whether Stephen Salaita or myself? The answer is that administrators are scared of controversy. It reminds me of World War I, when U.S. entry and the following Red Scare led to the firing of many academics. We are reaching a point where academics are increasingly unable to take controversial positions at the peril of their employment. But one key difference between the two periods is that while the earlier attacks on academic freedom were coming from leading politicians and major power players,…
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  • Child Custody Litigation

    21 Aug 2014 | 2:55 pm
    It is always best to try and resolve a child custody case without having to resort to litigation. However, this is not always possible. It’s critical that a parent give careful thought as to what his/her objectives are regarding custody (e.g., primary physical custody, joint legal custody, etc.) and to determine the best way to achieve those objectives. To continue reading, visit the Family Law Blog at
  • Clients ask me the following question all the time: How does a Revocable Trust Avoid Probate?

    21 Aug 2014 | 2:53 pm
    The Florida Bar states, "A revocable trust avoids probate by effecting the transfer of assets during your lifetime to the trustee. This avoids the need to use the probate process to make the transfer after your death. The trustee has immediate authority to manage the trust assets at your death; appointment by the court is not necessary.The “funding” of a revocable trust is critical to successfully avoid probate. Those persons who do not fully fund their trusts often need both a probate administration for the non-trust assets as well as a trust administration to completely…
  • Clients ask me the following question all the time: How does a Revocable Trust Avoid Probate?

    21 Aug 2014 | 2:53 pm
    The Florida Bar states, "A revocable trust avoids probate by effecting the transfer of assets during your lifetime to the trustee. This avoids the need to use the probate process to make the transfer after your death. The trustee has immediate authority to manage the trust assets at your death; appointment by the court is not necessary.The “funding” of a revocable trust is critical to successfully avoid probate. Those persons who do not fully fund their trusts often need both a probate administration for the non-trust assets as well as a trust administration to completely…
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    Connecticut Employment Law Blog

  • Lessons from a Gentleman-ly Lawyer

    Daniel Schwartz
    19 Aug 2014 | 5:00 am
    I can’t say that I knew Palmer McGee particularly well.  But I was saddened to read of his passing last month at the age of 93. My first knowledge of Palmer (or Mr. McGee as I tried to call him early on) came from my mother. Palmer served as Town Attorney in Farmington, Connecticut for many years and helped provide counsel to my mom who was an employee in town at the time.  My mother described him a thoughtful and kind man. (Upon his passing, she updated her view with “what a lovely man!” too). He had a house up at Lake Ninevah in Vermont, not far from where my parents had…
  • Paper Trail: DOJ Brings Issue of Hiring Documentation to Forefront

    Daniel Schwartz
    18 Aug 2014 | 4:46 am
    Late Friday, you might have (ok, I’m sure you did) missed a press release from the United States Department of Justice announcing a settlement with a staffing agency in California. The charge? That a staffing company “discriminated against work-authorized non-U.S. citizens in violation of the Immigration and Nationality Act (INA).” Now, I’m sure you all know (ok, I’m sure a few of you don’t know), that after an offer of employment is made, employers must require the to-be-hired individuals to present documentation to verify their eligibility to work in the…
  • Peanut Allergies Can Be Disabilities But Analysis Must Run Deeper

    Daniel Schwartz
    15 Aug 2014 | 4:08 am
    Earlier this week, ABC News reported on the story of a woman who had severe peanut allergies who alleged that she was denied a job at a hospital because of those allergies.  I appreciated ABC News reaching out to me for comment. The facts of the story are frankly a bit unclear, so as I noted in the piece, I couldn’t really comment on the particular situation.  But I noted that severe allergies can be a disability under the ADA in some circumstances: Daniel Schwartz, an employment lawyer at the Shipman and Goodwin law firm and publisher of the Connecticut Employment law blog, said the…
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    Special Education Law Blog

  • Breaking News: Our LinkedIn Special Ed Law Group has 16,000 Members

    Jim Gerl
    21 Aug 2014 | 8:39 am
    Linked In icon (Photo credit: Wikipedia)One of our goals in creating this blog was to provide both discussion of special education law topics from an impartial perspective and to provide resources where interested persons can find more information.The impartial perspective is very important.  I have never represented or advised parents or school personnel on a special ed matter.  I am a hearing officer and mediator for a number of states.  I also advise states and train their personnel.  That is why when parents or school personnel contact me, I cannot help them. …
  • Procedural Violations: My Presentation at the Utah Special Education Law Institute - Part II

    Jim Gerl
    19 Aug 2014 | 7:56 am
    An original Get Out of Jail Free Chance card. (Photo credit: Wikipedia)In part I of this post, I provided some of the law and background concerning procedural violations. In this post I will describe my very unscientific study of procedural violation caselaw from a two year period. But first, before I got to the meat of the presentation, I had to give four caveats:#1 Special Education Law is closer to Metaphysics than it is to Contract Law. ...just sayin'#2 My informal and unscientific study of procedural violations relies upon published decisions. Most lawyers believe that cases that are…
  • Weekly Question!

    Jim Gerl
    18 Aug 2014 | 6:00 am
    I hate it when all violations of IDEA are described as a denial of FAPE. What other violations of IDEA can you list off the top of your head?------- Thanks for subscribing! Jim Gerl
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    Drug Injury Watch

  • July 2014 Boxed Warning For Linzess: Irritable Bowel Syndrome / Constipation Drug May Be Unsafe And Cause Diarrhea In Children

    Tom Lamb
    18 Aug 2014 | 12:00 pm
    FDA Drug Alert Warns That Linzess Should Not Be Used In Children Under Age 6 And Neither Safety Nor Efficacy Established For Those Under 18 Years Old (Posted by Tom Lamb at (linaclotide) was approved by the FDA in 2012 for irritable bowel syndrome with constipation (IBS-C) and chronic idiopathic constipation.  It is from Forest Pharmaceuticals, Inc., who has advertisements for this relatively new drug on television and in magazines. As announced by the FDA by means of an August 15, 2014 MedWatch Safety Information email alert, in July 2014 there were several…
  • Prolia And Femur Fractures: Three Recent Case Reports Indicate A Possible Safety Issue For This Relatively New Drug From Amgen

    Tom Lamb
    12 Aug 2014 | 2:45 pm
    While Prolia Is An Alternative To Bisphosphonates Such As Fosamax, It Has Similar Increased Risk Of Low-Stress Femur Fractures Side Effect (Posted by Tom Lamb at association between stress fractures of the femur, or atypical femoral fractures, and the use of bisphosphonate osteoporosis drugs such as Fosamax (alendronate) is relatively strong.  It has been hypothesized that bisphosphonates cause an oversuppression of bone remodeling which contributes to atypical fracture of the femur. Prolia (denosumab) is an alternative approach to the treatment of osteoporosis that…
  • More Medical Evidence Indicates That Statin Drugs Like Lipitor Can Cause New-Onset Type 2 Diabetes

    Tom Lamb
    1 Aug 2014 | 2:22 pm
    Benefit / Risk Assessment Of Statins Like Lipitor May Depend On Whether It Is A Medically Necessary Drug Therapy For The Particular Patient (Posted by Tom Lamb at is an ongoing debate in the medical community about whether cholesterol drugs like the very popular Lipitor from Pfizer is over-prescribed in part due to aggressive marketing by the drug company. Certainly, there is a population of patients for which a statin drug like Lipitor is medically necessary to maintaining their health. On the other hand, however, some people would probably be better off addressing…
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    Bankruptcy Home Blog

  • Will bankruptcy keep me out of jail?

    19 Aug 2014 | 9:45 am
    Visit for the original content posted here, Will bankruptcy keep me out of jail? Recently on our legal forum a user asked, “Will filing bankruptcy keep me out of jail?” Not only do most debt collectors not have the right to send you to jail, federal and state consumer collection laws, including the Fair … Continue reading →
  • New judgments can they be filed after bankruptcy?

    11 Aug 2014 | 8:39 am
    Visit for the original content posted here, New judgments can they be filed after bankruptcy? What a great feeling- you have completed your bankruptcy and received notice from the bankruptcy court that all your unsecured debts have been finally discharged! No more avoiding creditor calls, no more judgments, and no more lying in bed late … Continue reading →
  • Payday loans do they fall under unsecured debt?

    6 Aug 2014 | 8:04 am
    Visit for the original content posted here, Payday loans do they fall under unsecured debt? Many debtors considering bankruptcy can become confused by a variety of financial terms: unsecured debts, unsecured creditors, protected assets, bankruptcy exemptions. It makes sense that you would have some questions about what is considered unsecured debt and whether or not … Continue reading →
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    Asbestos HUB

  • August 2014 Report About Clinical Trial Options That Memorial Sloan Kettering Cancer Center Offers For Patients With Pleural Mesothelioma

    Tom Lamb
    14 Aug 2014 | 1:56 pm
    This August 7, 2014 article, “Clinical Trial Roster Shows Breadth of Ongoing Research”, gives us an idea about the current state-of-the-art as regards various new malignant mesothelioma treatments, at least those being pursued be the Mesothelioma Program at Memorial Sloan Kettering Cancer Center, in New York. From that article, by Lee M. Krug, MD, a thoracic oncologist and Director of the Mesothelioma Program: At Memorial Sloan Kettering, we offer a variety of clinical trials for patients with mesothelioma at all stages of their disease. These trials focus on a range of topics,…
  • July 2014: Texas Supreme Court Expands Substantial-Factor Standard Of Causation Rule From Borg-Warner Corp. v. Flores To Mesothelioma Cases

    Tom Lamb
    17 Jul 2014 | 1:59 pm
    In mid-July 2014, in the case Bostic v. Georgia-Pacific Corp., the Texas Supreme Court held that the Plaintiff failed to prove that Timothy Bostic’s exposure to Georgia-Pacific’s asbestos-containing products was a substantial factor in bringing about his fatal mesothelioma. In more detail, the Court stated: In multiple-exposure cases the Plaintiff must establish the measured “dose” of asbestos fibers to which the mesothelioma victim was exposed by his working with and/or around the Defendant’s asbestos-containing product; A Plaintiff cannot prove substantial-factor standard…
  • Asbestos Defendant Garlock Misled Court During Bankruptcy Estimation Trial According To June 2014 Motion Filed By Asbestos Claimants’ Counsel

    Tom Lamb
    10 Jul 2014 | 1:23 pm
    In early January 2014 Judge George R. Hodges of the U.S. Bankruptcy Court for the Western District of North Carolina made a controversial ruling that Garlock Sealing Technologies LLC’s liability for present and future asbestos-mesothelioma legal claims is $125 million.  This was far less than the $1 billion that had been asserted by the asbestos claimants’ counsel during the proceeding. In re Garlock Sealing Techs., No. 10-31607 (Bankr. W.D.N.C. Jan. 10, 2014) Last month, however, lawyers for those asbestos claimants filed a motion to reopen that so-called “bankruptcy…
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    Real Lawyers Have Blogs

  • Five tips for faster blogging

    Kevin O'Keefe
    20 Aug 2014 | 10:17 pm
    I regularly hear from lawyers that blogging takes too much time. Many just lack the passion, but for others they’re not taking advantage of blogging practices that can save a lot of time. CNBC contributor and author Carol Roth (@caroljsroth) shared in Entrepreneur Magazine this week five tips for writing better and faster that I think will help you blog faster. I practice each of the five. Roth first nails the need for entrepreneurs, like lawyers looking to develop business, to write. Being an entrepreneur doesn’t absolve you from having to write. Most small-business owners have a lot…
  • Top 10 in Law Blogs: Fantasy Football Trademarks, the Millennial Market, Lawyer Presentations

    Colin O'Keefe
    20 Aug 2014 | 5:30 pm
    I never cease being amazed by the creativity some of our trademark lawyers have when it comes to post ideas. That continues today as Martha Engel writes today on whether or not fantasy football league names can be trademarked. Total posts on the LexBlog Network today: 186. Vacation: No Pay for My Time Off? Exploring the Nuances of Unlimited or No Paid Time Policies – Los Angeles lawyer Jonathan L. Brophy of Seyfarth Shaw on the firm’s California Peculiarities Employment Law Blog Large number of U.S.. oil and gas wells are not inspected by federal regulators – Fort Worth lawyer…
  • Why Twitter timeline changes are not a bad thing

    Kevin O'Keefe
    20 Aug 2014 | 1:31 pm
    Twitter is now adding content it thinks you would like to see into your home timeline. Despite many people crying foul, I think this move may be a positive one for all Twitter users, new ones and veterans. Until now, your home timeline has displayed only tweets from Twitter users you have chosen to follow. You may have seen some tweets from users you did not follow in the form of re-tweets or paid for promoted tweets. But that was it. As TheNextWeb’s Josh Ong (@bejingdou) and ReadWrite’s Selena Larson (@selenalarson) report, Twitter is going to expand what you see in your…
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    Digital Media Law

  • An Actor's Cautionary Tale: Cancer Diagnosis and a Drawn-Out Battle Over Residuals

    14 Aug 2014 | 12:58 pm
    Actors often complain about late residuals checks, although SAG-AFTRA has cut processing delays lately. But few stories compare to the battle waged by Alex Doe (a pseudonym), a voice actor who was diagnosed with cancer in 2012 and endured a 3-1/2-year residuals runaround from Warner Bros. and SAG-AFTRA that ultimately  threatened Doe's health insurance.(Residuals are royalties that are paid to actors, writers, directors and musicians when movies and TV shows are rerun or are released in other media such as DVD or the Internet. They're not small potatoes: residuals can amount to 40…
  • Review: NudeAudio Super-M and aiia SSSSSpeaker on Kickstarter

    7 Aug 2014 | 8:28 am
    Two new Bluetooth speakers offer a great reason to jet on over to Kickstarter.The NudeAudio Super-M ($99, campaign ending on August 15) offers great sound in a package thin enough to slip in a back jeans pocket. During my recent visit to the company’s South of Market offices, a head-to-head comparison showed that the unit delivered deeper bass and higher volumes without loss of fidelity than the Jambox Mini and was more rugged.NudeAudio is the same company that offers the delightful Move S, Move M (which I reviewed last year) and Move L speakers and the Studio 5 Lightning Dock with…
  • How Do We Know Driverless Cars Are Safe? Google Says ‘Trust Us’

    1 Jul 2014 | 4:19 pm
    Driverless cars are on the road now – Google’s fleet has logged about 700,000 miles of autonomous driving – and the California DMV will be issuing regulations in a matter of weeks allowing self-driving cars to be sold to the public, possibly setting the regulatory pattern for the rest of the country (video). Google has predicted 2017 for first commercial availability, while Nissan and Mercedes say it will be 2020. The cars are highly complex systems whose sheer quantity of software surely exceeds the hundred million lines of source code in today’s non-autonomous vehicles. They weigh…
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    Securities Docket

  • DOJ, SEC Announce Historic $16.65 Billion Settlement With BofA | Compliance Week

    Securities Docket
    21 Aug 2014 | 9:35 am
    In a joint announcement yesterday with the SEC and state regulators, U.S. Attorney General Eric Holder announced an historic settlement with Bank of America totaling $16.65 billion in penalties and consumer relief — the “largest civil settlement with a single entity in history,” Holder stated. via DOJ, SEC Announce Historic $16.65 Billion Settlement With BofA | Compliance Week
  • Securities Docket News Wire for August 20, 2014

    Securities Docket
    21 Aug 2014 | 5:55 am
    Haywood Gilliam Nominated for U.S. District Court by Obama — American Lawyer -> Steve Cohen’s right-hand man makes surprise exit from family office | Campden FB -> In Praise of 'American Greed' – Pacific Standard: The Science of Society -> Hedge funds look to codify cybersecurity preparedness as regulators step up scrutiny – FierceFinanceIT -> Questions Still Remain About the Protection of Whistleblowers | Compliance Week -> The SEC is…
  • The SEC is Watching You, Oakley Country Club! | Compliance Week

    Securities Docket
    20 Aug 2014 | 9:46 am
    The SEC is watching you, Oakley Country Club! For the second time in two months, the SEC brought an insider trading case against individuals who shared insider information about upcoming acquisitions with their golfing buddies from Oakley Country Club in Watertown, Mass. via The SEC is Watching You, Oakley Country Club! | Compliance Week.
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    P.I.S.S.D. -- Personal Injury, Social Security Disability. Dallas Texas Lawyers

  • NHTSA Knew Warranty Claims on Cobalt’s Airbags Four Times Higher Than Peers

    Bob Kraft
    21 Aug 2014 | 7:09 am
    Bloomberg News reports that a NHTSA investigator found in 2007 that airbag warranty claims were four times higher for the Chevrolet Cobalt in 2006 than they were for its competitor’s cars. Bloomberg also notes that NHTSA received complaints about 25 crashes resulting in injuries and four resulting in fatalities involving air bag failures in the Cobalt with model years between 2003 and 2006. Bloomberg reports that a review group at NHTSA determined that there “wasn’t enough of a pattern to open a formal probe.” Bloomberg also features an except from an email from Frank Borris, the…
  • Five Things an Injury Lawyer Can Do For You After an Accident

    Bob Kraft
    20 Aug 2014 | 7:35 am
    In the aftermath of an accident caused by the negligence of someone else, an injured individual must take affirmative steps to protect his or her legal rights and interests. The most important element of that process is engaging the services of an experienced personal injury lawyer. According to attorneys at Tony Zuber & Paul Brioux, there are five things that a personal injury lawyer is capable of doing for a person in the aftermath of an accident. Deal with Insurance Company The primary objective of an insurance company is to make money for its shareholders (or its members in the case…
  • Boats And Financial Liability: What You Need To Know

    Bob Kraft
    19 Aug 2014 | 7:56 am
    Boating is one of America’s oldest and most enjoyable pastimes; the National Marine Manufacturers Association estimates that 88.5 million Americans go boating every year. However, boating is dangerous and, like everything else, comes with a risk. Recreational boating accidents accounted for over $39 million in total property damages in 2013 as reported by The more people who are out enjoying the water, the likelier your boat is to be involved in an adverse incident. Boaters must know the basics as to legal and other ramifications that accompany accidents before getting on…
  • GM Disasters and the Aftermath: An Update on the Company’s Standings and Recovery Efforts

    Bob Kraft
    18 Aug 2014 | 9:09 am
    General Motors is still scrambling to deal with the legal, financial and public relations ramifications of the ignition switch defect that lead to the deaths of 13 people and caused the automaker to recall a record-setting number of vehicles. This has been a long, painful process for people on both sides of the problem, however, GM continues to deal with the issues that have persisted since the initial recalls. Read on for an update on where the company stands and how the future looks for them. More Recalls On July 23rd, GM announced another six recalls, which involve 717,950 U.S. vehicles,…
  • Friday Fun

    Bob Kraft
    15 Aug 2014 | 2:42 am
    25 Photos You Need To Really Look At To Understand. Just look. These are too complicated to explain.
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    Marquette University Law School Faculty Blog

  • Learning the “Old-Fashioned Way”: Study Says Taking Notes by Hand Better for Recall

    Lisa A. Mazzie
    21 Aug 2014 | 11:54 am
    These days, it’s hard to find a law student who doesn’t come to class with a laptop or tablet of some type. Even if the student avoids the temptation to access the Internet during class and simply uses his laptop to take notes, it’s likely his recall of concepts will be not as good as a student who takes her notes by hand. According to a post in The Chronicle of Higher Education, researchers have found that taking class notes by hand helps students better recall concepts in the lecture. The researchers asked students to take notes using “their normal classroom note-taking strategy.”…
  • Rule 18.2: Comments on Bluebook Citation to Internet Resources

    Joel Graczyk
    20 Aug 2014 | 6:50 pm
    Rule 18.2 in the Bluebook governs citation to sources and information available on the Internet. Although the rules in the Nineteenth Edition provide significantly more guidance on the subject than the general principles articulated in the Eighteenth Edition, citation to Internet sources remains a source of confusion for many legal writers. Until the editors release the Twentieth Edition and its inevitable alterations to Rule 18.2, here are a few tips and reminders about citation to Internet resources. Available at. Perhaps the most confusing aspect of Internet citation, citations to Internet…
  • Of Trump Cards and Lawyering

    Joseph D. Kearney
    20 Aug 2014 | 9:03 am
    Some of the best and the worst of the legal profession can be seen through Socha v. Boughton, No. 12-1598, decided by the Seventh Circuit this past week. The substance of the case involved the court’s applying — for the first time — the doctrine of equitable tolling to excuse a late filing by a state prisoner in a habeas case. This required a conclusion that the district court had abused its discretion in concluding otherwise, including the catchy characterization that “[t]he mistake made by the district court and the state was to conceive of the equitable tolling inquiry as the…
  • An Interview with Professor Jake Carpenter

    Melissa L. Greipp
    17 Aug 2014 | 1:41 pm
    [Editor’s Note: This blog is the fourth in a series of interviews with faculty and staff at the Law School.] Professor Carpenter teaches Legal Analysis, Writing, and Research courses at Marquette Law School. Outside of the law school, Professor Carpenter presents at writing conferences across the country, teaches Continuing Legal Education courses for the Illinois Attorney General’s offices in Chicago and Springfield, Illinois, and co-teaches a course, Writing Persuasive Briefs, for the National Institute of Trial Advocacy (NITA). Professor Carpenter is also active on various…
  • “With Friends Like These . . .”: New Critiques of Graham and Miller

    Michael M. O'Hear
    15 Aug 2014 | 8:49 am
    The U.S. Supreme Court’s decisions in Graham v. Florida (2010) and Miller v. Alabama (2012) undoubtedly constitute the most important developments in Eighth Amendment law over the past decade. Graham banned life-without -parole (LWOP) sentences for juveniles convicted of nonhomicide offenses, while Miller prohibited mandatory LWOP for all juvenile offenders, even those convicted of murder. I have a lengthy analysis of the two decisions in this recently published article. A special issue of the New Criminal Law Review now offers a pair of interesting critiques of Graham and Miller.
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    Green Building Law Update

  • Attend Greenbuild: The Best Way To Grow Your Business

    Stuart Kaplow
    13 Aug 2014 | 4:20 pm
    I was delivering a lunchtime speech to a group of real estate professionals yesterday and the first question I received was “how can I expand my green building business?” I retell that because it is a variation of the question I receive most often these days about green building. My answer is simple. Attend the U.S. Green Building Council’s annual Greenbuild Conference and Expo.     This year Greenbuild is in New Orleans from October 22 - 24.  I am not a business marketing expert, but Greenbuild has been the number one source of new business for my green…
  • Enterprise Green Communities Criteria Being Updated

    Stuart Kaplow
    10 Aug 2014 | 4:39 pm
    In 2015 the use of LEED v4 will become mandatory, a new 2015 International Green Construction Code will be available, an updated ASHRAE 189.1 will be published, the new ICC 700 National Green Building Standard will be approved, and there will be a 2015 Enterprise Green Communities Criteria.  In the arena of green building standards, green rating systems and green codes among the widely respected residential rating systems is the Enterprise Green Communities Criteria. While the Criteria was developed by Enterprise to “provide a clear, cost-effective framework for all affordable…
  • Litigation Over First Ever LEED Platinum Building Tarnishes Green Building

    Stuart Kaplow
    4 Aug 2014 | 5:48 pm
    Last week, a federal appeals court brought back from the dead, a more than $6 Million lawsuit filed over materials supplied in 2000 for the first ever LEED certified Platinum building. Despite that the unpublished opinion is not binding precedent, it will have a chilling effect on green building and in particular on the selection of new or untried materials and products that are the keystone of many sustainable projects.  The Chesapeake Bay Foundation v. Weyerhaeuser Company arose from the construction in 1999 of the Chesapeake Bay Foundation’s headquarters in Annapolis, Maryland.
  • Lawsuit Over LEED Documentation

    Stuart Kaplow
    27 Jul 2014 | 1:48 pm
    A case filed last week in a California court is a prime example of the importance of contract documents in a LEED project. Earlier this year the City of Palo Alto gave notice firing Flintco Pacific, Inc., the general contractor responsible for construction of the Mitchell Park library, a proposed LEED Platinum project. With a performance bond in place, the City and the surety announced in early March that they has negotiated a takeover agreement that will allow a new contractor to complete construction.  But the current dispute playing out in letters between counsel for Palo Alto and…
  • Lawyers' Opinions in Green Building Transactions

    Stuart Kaplow
    7 Jul 2014 | 4:20 pm
    We are increasingly called upon to give legal opinions that a green building is LEED certified, ‘certifiable’ or otherwise really a green building. The purpose of a legal opinion given in a commercial real estate transaction is, most simply put, to provide the recipient of the lawyer’s writing with comfort regarding specified aspects of the transaction.  One might ask why they need an opinion from a lawyer that their building is green? The best response is because in many instances their lender requires it. While legal opinions are given in a variety of commercial…
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    California Employment Law Report

  • Friday's Five: Five areas of liability facing California employers

    Anthony Zaller
    15 Aug 2014 | 6:25 pm
    1. Meal and rest breaks. If you did not know of this exposure already existed in California, can I recommend some reading here, here and here? 2. Exempt vs. non-exempt classification of employees. The default under California law is that every employee is entitled to overtime pay at a rate of time and a half or double of the employee’s hourly rate of pay. An employee is not entitled to overtime if the employer meets its burden in establishing that the employees qualifies under one of legally proscribed exempt positions (the positions are called exempt because the employee is exempt from…
  • Friday's Five: More than five required items that should be included in a new hire packet

    Anthony Zaller
    1 Aug 2014 | 4:13 pm
    Here is a list of some of the required notices employers must provide to new employees in California. Sometimes I have a hard time coming up with five rules or items for the Friday’s Five list, but not this time – I blew through five items (it is California after all):  Document Title Link to Document Notice to Employee (Wage Theft Prevention Act) (for non-exempt employees) Download here I-9 – Employment Eligibility Verification Download here Right to Workers’ Compensation Benefits pamphlet Download here State Disability Insurance Provisions pamphlet - DE…
  • San Diego City Council moves closer to raising minimum wage and mandating paid sick leave for San Diego employers

    Anthony Zaller
    1 Aug 2014 | 10:46 am
    The San Diego City Council approved an ordinance that increases the minimum wage required to be paid to workers within the city to $11.50 per hour by 2017. In addition the ordinance calls for the minimum wage to automatically increase every year after 2018 by indexing the minimum wage to inflation. Currently California's minimum wage is set at $9.00 per hour, which increased from $8.00 per hour in July 2014.  San Diego Proposed Minimum Wage Increases Current Minimum Wage $9.00 per hour January 1, 2015 $9.75 per hour January 1, 2016 $10.50 per hour January 1, 2017 $11.50 per hour…
  • Friday's Five: Five California Labor Code provisions employees cannot waive

    Anthony Zaller
    25 Jul 2014 | 8:35 am
    Here is a list of five rights provided to employees under the California Labor Code that the employee may not waive by agreement with an employer. 1. Minimum wage Labor Code Section 1194 provides a private right of action to enforce violations of minimum wage and overtime laws. That statute clearly voids any agreement between an employer and employee to work for less than minimum wage or not to receive overtime. 2. Overtime In Gentry v. Superior Court, the Supreme Court explained: [Labor Code] Section 510 provides that nonexempt employees will be paid one and one-half their wages for hours…
  • Friday's Five: Five legal pitfalls startup companies cannot make

    Anthony Zaller
    18 Jul 2014 | 6:33 pm
    1. Classifying all employees as independent contractors To qualify as an independent contractor, the employer has the burden of proof to establish that the worker is actually an independent contractor and not an employee. I’ve discussed the parameter of this “economic realities” test here.  In addition to owing unpaid minimum wages and potential unpaid overtime, the employer also faces steep penalties for misclassifying independent contractors. 2. Treating all employees as exempt employees and not paying overtime. An employee cannot agree to work without being paid…
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    The Rainmaker Blog

  • 6 Simple Steps To Attract the Clients You Want (and Who Want to Keep You)

    Stephen Fairley
    21 Aug 2014 | 3:49 pm
    I know it’s difficult to turn business away, especially if your practice is struggling with cash flow, but you are never going to have that lifestyle law firm you want if you keep taking on the wrong types of clients. Here are six simple steps that will help you attract the clients you want and keep them coming back to you: 1.  Pick profitable people.  Sounds simple, yes?  But you’d be amazed how many attorneys fail to keep the profit picture in mind when chasing new sources of revenue.  You do not want to be the guy or gal who signs everyone who calls. …
  • Why Good Website Design Matters

    Stephen Fairley
    20 Aug 2014 | 4:02 pm
    Good website design is based on a number of factors, many of which have to do with taking into account the human factor since you are, obviously, building a site to be viewed by humans.  And most humans: Don’t want to wait for a page to load React differently to different color schemes Scan a website instead of read it in detail Need to feel trust before doing business with someone they don’t already know Scores of studies have been done on the design details that matter to human beings.  This infographic from Red Website Design aggregates some of that data and boils it…
  • Social Surpassing Search for Driving Traffic to Your Website and Blog

    Stephen Fairley
    19 Aug 2014 | 3:42 pm
    So here’s something interesting:  social media is beginning to surpass online search as the top referrer to other websites: This news was enough to make the New York Times take notice in a recent piece about BuzzFeed, which just scored a new $50 million investment (its valuation is now at $850 million). Don’t know BuzzFeed?  It’s a news aggregation site for everything, everywhere.  You’ve probably seen it pop up on your Facebook feed since so many people share its sillier stuff, like quizzes that will tell you how good you are at spelling or which…
  • Top 5 Behaviors Likely to Generate a Bar Complaint

    Stephen Fairley
    18 Aug 2014 | 3:57 pm
    Douglas Chandler is an Atlanta attorney whose firm specializes in legal malpractice.  He has a most informative blog where he recently posted the five behaviors most likely to result in a bar complaint, based on his 15 years of experience defending attorneys against these complaints. Here is his list with a few of my own comments woven in: 1.  Neglecting to return a client’s file.  If a client asks for their file, this can mean they have either decided to change counsel, not to pursue the matter or may want it because they believe they could have a claim against…
  • 7 Strategies for a 7-Figure Law Firm

    Stephen Fairley
    15 Aug 2014 | 3:08 pm
    If you’re like many of the attorneys I speak with every week, you’ve been practicing over 10 years, you own a small firm with a handful of staff, you work hard month after month, but you never seem to get ahead. You’ve probably tried all the traditional methods of marketing your law firm, but so far nothing seems to work very well. You have goals, dreams and ambitions, but after all these years, you’re still struggling to break or consistently break the million dollar mark…and every once in a while you wonder if it’s even possible. From one business owner…
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    a public defender

  • Anything you don’t say will be used against you

    21 Aug 2014 | 6:41 am
    Everyone knows the familiar refrain: “you have the right to remain silent, anything you say can and will be used against you…” Now, if you’re in California, you might have to add a new phrase to that: “Anything you don’t say will also be used against you”. Last year, in Salinas v. Texas, the United States Supreme Court held that if the police ask you an incriminating question (“did you kill X?”) before they arrest you and you simply keep silent, the prosecution can argue that your silence means you are guilty. The really flawed rationale…
  • The consequences of a “confrontation” with cops

    20 Aug 2014 | 4:56 am
    That’s Mark Maher, a resident of Windsor, CT. Well, that’s him after Enfield Police Officer Matthew Worden got done teaching him a lesson. Naturally, Maher was then charged with interfering with an officer, because his face got in the way of the officer’s energetic fist-bumps with the ground. I guess Officer Worden learned from the Sunil Dutta school of policing, whose core philosophy is ‘Obey me at all costs or I will break your face’. Lucky for Maher, there were dashcams. Two of them. I can’t embed them because screw you Hartford Courant. But…
  • Ferguson: the no-Constitution zone

    20 Aug 2014 | 4:27 am
    [The following is my latest column for the CT Law Tribune, to be published this week.] To give the police greater power than a magistrate is to take a long step down the totalitarian path. Perhaps such a step is desirable to cope with modern forms of lawlessness. But if it is taken, it should be the deliberate choice of the people through a constitutional amendment. Until the Fourth Amendment, which is closely allied with the Fifth, is rewritten, the person and the effects of the individual are beyond the reach of all government agencies until there are reasonable grounds to believe (probable…
  • Impossibility is not a defense

    19 Aug 2014 | 7:19 am
    The law, you will have guessed by now, is not concerned much with the English language and its precise definitions. A fall-back answer that’s almost always right, when it comes to the law, is that everything “depends”. Even something as simple as ‘impossibility’. When you, laypersons, think about the word “impossible”, you usually think of something that’s not possible. But the law isn’t that easy. There are different categories of impossibility, each with its own definition and applicability: mistake of law, mistake of fact, legal…
  • Things from Ferguson that even you can’t ignore (updated)

    19 Aug 2014 | 6:33 am
    A picture of Officer Friendly in Ferguson: My, what a big gun you have. Now here’s what happens if you want to record Officer Friendly: (via @rdevro) What happens to people who try to record the police in Ferguson, like Intercept reporter Ryan Deveraux? He gets detained, for no reason, held overnight and then released in the morning. I know some of you find paying attention hard, so here’s the relevant portion:   But certainly they must allow press and protests, right? I mean, it’s the most well-known part of the First Amendment! It’s not like the law allows them…
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  • Microsoft letter to GitHub over DRM-free music software is not the first copyright-ironic action against an intermediary

    Evan Brown (@internetcases)
    4 Aug 2014 | 10:01 pm
    TorrentFreak has reported that Microsoft demanded that GitHub take the code repository of an app that provides access to unprotected Xbox Music tracks. Some are calling it ironic, given that Microsoft is offering access to DRM-free music through its API. The situation is reminiscent (though not legally identical) to the weirdness we observed way back in 2006 when YouTube asked TechCruch to take down a tool that allowed people to download video clips. We recognized early on that YouTube was a copyright renegade. So it was surprising that it would take such an aggressive tactic toward purveyors…
  • One must conscientiously and systematically perform abstraction-filtration-comparison test in software copyright infringement matters

    Evan Brown (@internetcases)
    30 Jul 2014 | 10:01 pm
    In all copyright infringement cases, a plaintiff must prove, among other things, that the defendant copied elements of plaintiff’s work that are protected by copyright. This is key because not all copying is infringement – some of what is copied may be merely ideas, processes, facts, in the public domain, or scenes a faire material. It’s not illegal to copy those things. So a successful plaintiff has to show more than “copying in fact”. It must show “illegal copying”. Software infringement cases present some nuance for this analysis. A computer program has…
  • What should we do when trademarks offend?

    Evan Brown (@internetcases)
    28 Jul 2014 | 10:01 pm
    Trademarks are symbols that convey meaning, and ostensibly that meaning is ontologically linked to the purveyor of the goods or services with which the trademark is connected. But those symbols can relate to different ontologies as well, be they freighted with racism/prejudice, religious offense, or plain old poor taste. Take for example the ongoing Redskins dispute, Muslims protesting a sacred symbol on perfume, and the weird attempt by a Malaysian company to get an Australian trademark for MH17. The law and social advocacy step in to critique these brand owners’ selection of marks. For…
  • Lawsuit against Yelp over how it marketed its review filters can move forward

    Evan Brown (@internetcases)
    25 Jul 2014 | 2:51 pm
    Plaintiff restaurant owner sued Yelp under California unfair competition law, claiming that certain statements Yelp made about the filters it uses to ascertain the unreliability or bias of user reviews were misleading and untrue. For example, plaintiff alleged that Yelp advertised that its filtering process “takes the reviews that are the most trustworthy and from the most established sources and displays them on the business page.” But, according to plaintiff, the filter did not give consumers the most trusted reviews, excluded legitimate reviews, and included reviews that were…
  • When is news reporting fair use under copyright law?

    Evan Brown (@internetcases)
    23 Jul 2014 | 10:01 pm
    Blogger claims fair use supports his challenge to DMCA takedown of YouTube video. But “news reporting” aspect of fair use can be tricky. An embattled California pastor sent a DMCA takedown notice to YouTube over a video clip that a blogger used “to report accurately the relationship” between two organizations. The blogger sent a counternotification and explained that he believes copyright fair use protects him against the takedown (and apparently against infringement as well). The blogger invokes, among other things, the news reporting aspect of fair use, which one…
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    Florida Estate Planning Lawyer Blog

  • Three Documents Every 18-Year-Old Should Sign

    18 Aug 2014 | 7:39 am
    As most young adults are about to return to college, most parents do not think about the fact that not that their child is 18 they are an adult in the eyes of the law. Deborah Jacobs has written an article on this in Forbes outlining two documents that are needed. Most professionals would agree that there are actually 3 that are needed. Now that they are an adult, parents can no longer make health care of the financial decisions for their children without the legal authorization to do so. If a child or young adult is injured or needs help with a financial matter, a parent cannot speak with…
  • Do I need to go through a lawyer to make a will in Florida or can I use a website like legalzoom?

    14 Aug 2014 | 11:19 am
    You can use a website or create your own will in Florida, but we find that some people do not create valid wills, or create wills that do things other than what they want. We only charge $200 for a will so an online will does not save very much considering the risks. If you want to create your own will be sure that you sign the will at the end and in front of two witnesses. There are benefits to using a self proving affidavit, but one is not required under Florida law. Of course, most lawyers will include a self proving affidavit with the will that they prepare for you. Many online wills or…
  • Dangers of Relying on Joint Accounts for Estate Planning in Florida

    29 Jul 2014 | 8:56 am
    Many people see joint accounts as a cheap and easy way to avoid probate, since joint property passes to the join owner at death, but these accounts can actually be quite risky when it comes to estate planning. Joint ownership of accounts can be a great way to easily pass assets to another owner at death. Joint ownership is also a great way to plan for an elder person's incapacity, since the joint owner of the account can pay bills and manage investments if the primary owner falls ill or suffers from any other sickness. There are some potential downsides to joint ownership of an account. The…
  • Banker Suicides indicate Stress of the Profession.

    28 Jul 2014 | 7:15 am
    If your family works in a high stress profession is a good idea to make sure you and your family keep their estate plans up to date. The unexpected deaths of finance workers in the past few months by suicide around the world have raised concerns about mental health and stress levels of the banking profession. JP Morgan executive director Julian Knott, 45, killed himself after shooting his wife Alita Knott, 49, to death with a shotgun. Julian worked for JP Morgan until July 2010, before he and his wife moved to the United States. Before the move, Alita had opened a nursery in Southwick, West…
  • Probate: Is it a good idea to give your heirs their inheritance while you are still alive?

    18 Jul 2014 | 7:09 am
    Planning an estate can be a difficult process, but also a rewarding one because it helps to ensure that a person's heirs will be provided for after he or she dies. Many assume they should wait until after death to convey assets to their loved ones, but there are some benefits to giving assets to an heir while still alive. There are two types of taxes to consider when determining when to give an heir your assets. A decedent who gives his or her assets to someone while still alive may have to pay a gift tax. This is a tax imposed by the federal government on any transfer of property. Property…
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  • Rethinking the Way a Court Formats and Publishes Its Judgments

    Melanie Bueckert
    21 Aug 2014 | 8:54 am
    If you could change the way a court formatted or published its judgments, what changes would you recommend? XML? Typography? Are there any courts whose judgments you think are better (looking) than the rest? Or are there any ongoing initiatives or helpful products/sources in this area you’d like to point out? I would be grateful for your comments, tips, etc. Thanks!
  • Interesting Take on the Duty to Accommodate

    Yosie Saint-Cyr
    21 Aug 2014 | 6:00 am
    An employer can do nothing and still meet its duty to accommodate, so long as it turns out that the employer could not have accommodated the complainant without undue hardship. This was the decision of the Federal Court of Appeal in the recent case, Canada (Human Rights Commission) v. Canada (Attorney General). Despite finding that an employee made out a prima facie case of discrimination on the ground of disability, the Court found that the employer’s failure to meet its procedural duty to accommodate was not improper since any accommodation would have resulted in undue hardship. The Court…
  • Do Less Marketing

    Doug Jasinski
    21 Aug 2014 | 4:00 am
    That headline sounds like heresy coming from someone who runs a legal marketing agency for a living, but hear me out. Try as I might to remain benevolently immature until the end of my days, there are some telltale markers of adulthood (nay, perhaps even middle-age) creeping into my subconscious of late. There are external indicia of course – one’s offspring earnestly advising how fat and bald you are, strangers calling you “sir” straight to your face with nary a hint of sarcasm – but I purposely adopt a stance of willful blindness regarding those. No, what I notice now are…
  • Clio Conference More Than Food Trucks and Yoga

    Steven Matthews
    20 Aug 2014 | 10:12 am
    When my company started working with Clio back in 2008, I had a gut feeling they were onto something. But frankly, I never would have predicted the immense success this cloud-based software start-up would see over the next six years. Even without my admitted bias, I think most would agree that today, Clio has evolved into a major player in the legal software sector and one of the most engaged companies within the North American legal community. And by many accounts, they’re also the brains behind one of the most unconventional and enjoyable legal conferences we’ve seen to date. It is my…
  • If You Think Our Red Tape Is Bad…

    David Canton
    20 Aug 2014 | 6:32 am
    We often get frustrated with seemingly unnecessary red tape and arbitrary rules – but every once in a while we run across requirements from other countries that are mind boggling. For those who have never encountered this, it goes something like this. A government agency or business in a country your client does business in requires a copy of a document. If they were here, they may not need that document in the first place, but even if they do it would be a simple manner of scanning and emailing a pdf. But no, they require a notarial copy – still simple enough. Then they say the…
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    Virtual Law Practice

  • Online Legal Services Gets a Boost from ABA & Rocket Lawyer Partnership

    11 Aug 2014 | 12:43 pm
    I was thrilled to hear the news today from the Wall Street Journal Law Blog that the ABA announced its partnership with Rocket Lawyer on a pilot project to help match up ABA members with online clients. I’ve been researching and writing about lawyer collaboration with branded networks like Rocket Lawyer for the past couple of years with a focus on ethics issues and best practices. I wrote a book about the best practices for lawyers who wanted to work with these companies and make connections with clients through them. I think this partnership integrates wonderfully with virtual law…
  • ILTA Article – Teaching Tomorrow’s Lawyers Legal Tech Skills

    31 Jul 2014 | 1:10 pm
    An article I co-authored with Ron Dolin entitled Course Correction: Teaching Tomorrow’s Lawyers Legal Tech Skills, was published in the newest edition of the ILTA Peer to Peer Magazine. Ron developed the syllabus for and taught the first course on legal informatics at Stanford Law School. Several of his students from that course have gone on to find innovative paths in the legal industry, including Margaret Hagan, his co-founder in the Program for Legal Tech and Design. Ron writes about the changes he believes are critical in the law school curriculum to prepare future lawyers for…
  • LegalTech Startup Weekend – San Francisco

    29 Jul 2014 | 1:33 pm
    If you are in the San Francisco area, consider checking out the LegalTech Startup Weekend. I’ll be one of the mentors for the event along with several other founders of legal tech companies, including LawPal, Ravel, One400, Judicata, LawGives, Casetext, and more. Teams form Friday evening, August 15th and final presentations with be on Sunday, August 17th. The teams will tackle four challenges listed on the event site and compete for prizes. The intersection of law and technology presents unique challenges and exciting opportunities for growth and creativity. Recent years have seen…
  • Top Take-Aways from GSummit for the Legal Profession

    13 Jun 2014 | 3:34 pm
    “We can’t solve problems by using the same kind of thinking we used when we created them.” – Albert Einstein I attended GSummit in San Francisco this week. (The “G” stands for gamification.) This annual conference looks at ways to increase user engagement through gamification and games. With all of the online “noise” surrounding us and the invasiveness of mobile technology pulling people in many different directions, no industry – not even the legal profession - is immune from the problem of getting the public’s attention long enough to…
  • Second Edition of Virtual Law Practice Book

    5 Jun 2014 | 11:09 am
    I am updating the second edition to the Virtual Law Practice book that I wrote back in 2010. The book needs to be almost completely re-written based on the way that technology has changed since I wrote about the set up of online delivery in law firms only four years ago. I am expanding the book to include my newer experiences working with law firms and lawyers to integrate online delivery of legal services into different law firm business models. Over the past four years, I’ve taught law school courses on the subject of virtual practice and related topics, such as unbundling of legal…
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    Florida Estate Planning Lawyer Blog

  • Three Documents Every 18-Year-Old Should Sign

    18 Aug 2014 | 7:39 am
    As most young adults are about to return to college, most parents do not think about the fact that not that their child is 18 they are an adult in the eyes of the law. Deborah Jacobs has written an article on this in Forbes outlining two documents that are needed. Most professionals would agree that there are actually 3 that are needed. Now that they are an adult, parents can no longer make health care of the financial decisions for their children without the legal authorization to do so. If a child or young adult is injured or needs help with a financial matter, a parent cannot speak with…
  • Do I need to go through a lawyer to make a will in Florida or can I use a website like legalzoom?

    14 Aug 2014 | 11:19 am
    You can use a website or create your own will in Florida, but we find that some people do not create valid wills, or create wills that do things other than what they want. We only charge $200 for a will so an online will does not save very much considering the risks. If you want to create your own will be sure that you sign the will at the end and in front of two witnesses. There are benefits to using a self proving affidavit, but one is not required under Florida law. Of course, most lawyers will include a self proving affidavit with the will that they prepare for you. Many online wills or…
  • Dangers of Relying on Joint Accounts for Estate Planning in Florida

    29 Jul 2014 | 8:56 am
    Many people see joint accounts as a cheap and easy way to avoid probate, since joint property passes to the join owner at death, but these accounts can actually be quite risky when it comes to estate planning. Joint ownership of accounts can be a great way to easily pass assets to another owner at death. Joint ownership is also a great way to plan for an elder person's incapacity, since the joint owner of the account can pay bills and manage investments if the primary owner falls ill or suffers from any other sickness. There are some potential downsides to joint ownership of an account. The…
  • Banker Suicides indicate Stress of the Profession.

    28 Jul 2014 | 7:15 am
    If your family works in a high stress profession is a good idea to make sure you and your family keep their estate plans up to date. The unexpected deaths of finance workers in the past few months by suicide around the world have raised concerns about mental health and stress levels of the banking profession. JP Morgan executive director Julian Knott, 45, killed himself after shooting his wife Alita Knott, 49, to death with a shotgun. Julian worked for JP Morgan until July 2010, before he and his wife moved to the United States. Before the move, Alita had opened a nursery in Southwick, West…
  • Probate: Is it a good idea to give your heirs their inheritance while you are still alive?

    18 Jul 2014 | 7:09 am
    Planning an estate can be a difficult process, but also a rewarding one because it helps to ensure that a person's heirs will be provided for after he or she dies. Many assume they should wait until after death to convey assets to their loved ones, but there are some benefits to giving assets to an heir while still alive. There are two types of taxes to consider when determining when to give an heir your assets. A decedent who gives his or her assets to someone while still alive may have to pay a gift tax. This is a tax imposed by the federal government on any transfer of property. Property…
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    Native American Legal Update

  • Tribal Crypto-Currency MazaCoin Gaining Recognition

    Greg Guedel
    20 Aug 2014 | 10:14 am
      Newsweek is reporting on how the virtual currency Mazacoin has joined the ranks of alternatives to Bitcoin now trading in the “Wild West” of 21st century digital currencies. The brainchild of Payu Harris, a Cheyenne with Oglala Sioux heritage and a mysterious programmer known only as “AnonymousPirate,” Mazacoin announced its ambition to replace the U.S. dollar as the official currency of the Oglala Sioux nation, historically known as the Oglala Lakota, and its 46,855 members. Some 507,185,000 Mazacoins are now on the market, trading in a handful of obscure…
  • Rising Oceans Threaten Native American Historical Sites

    Greg Guedel
    18 Aug 2014 | 8:49 am
      The Los Angeles Times is reporting on the threat rising sea levels pose for coastal Native American archaeological sites, like those found on Santa Cruz Island off mainland California. "We're standing on a living history book, and we're losing pages from it every day." Gil Unzueta (Chumash), who is monitoring the survey effort to catalog and preserve Native artifacts on Santa Cruz. 
  • ABA Opens Full Membership To Tribal Court Practitioners

    Greg Guedel
    13 Aug 2014 | 9:25 am
    The American Bar Association (ABA) House of Delegates has unanimously voted to amend the ABA Constitution to permit Tribal Court practitioners to be full members of the ABA. “We commend the ABA for recognizing that there are three sovereign court systems in the United States (federal, state and Tribal) and for amending its constitution to permit Tribal Court practitioners – who are not currently eligible to be ABA members – to become full members of the ABA,” said Mary Smith, National Native American Bar Association President. “This constitutional amendment will…
  • Tribal Federal Recognition Comment Period Extended To 30 September 2014

    Greg Guedel
    29 Jul 2014 | 9:21 am
    The Bureau of Indian Affairs has extended the public comment period on Part 83 reforms to the federal recognition process, which are designed to improve and streamline the often decades-long effort Tribes must presently undertake to achieve federal recognition. Assistant Secretary Kevin Washburn said the proposed regulation has received "significant" attention, and additional comments are being accepted until September 30, 2014. "With this extended comment period, the [Interior] Department is providing more opportunities for comment and suggestions from tribes and the public…
  • Marijuana Wars: Yurok Tribe Battles To Reclaim Its Lands

    Greg Guedel
    22 Jul 2014 | 10:59 am
      The Los Angeles Times reports that with the assistance of federal and state agencies, the Yurok Tribe in California is taking the offensive in a battle to drive renegade marijuana growers off the Tribe’s native lands. For years, illegal marijuana growers with out-of-state license plates came to the upper reaches of the Yurok Indian Reservation, followed by dump trucks of fertilizer and heavy equipment that punched roads into tribal land. Runaway marijuana cultivation had made it unsafe for Tribal members to hike, pray, gather medicine and materials for baskets, or prepare sites…
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    Technology & Marketing Law Blog

  • Primer on European Union’s Right To Be Forgotten (Excerpt from My Internet Law Casebook) + Bonus Linkwrap

    Eric Goldman
    21 Aug 2014 | 11:10 am
    Photo credit: “An eraser from a pencil is starting to erase the word data” // ShutterStockI haven’t yet written about the ECJ Right to Be Forgotten ruling directly, though I’ve already referenced it on the blog a few times. The ruling itself came out during a business trip when I was tied up, so I missed the initial news cycle and the voluminous number of articles on the topic. Since then, I simply haven’t had a chance to organize my thoughts cohesively. As part of updating my Internet Law casebook, I finally put something together. Although I don’t…
  • New Copyright Office Compendium Discussion About Designating Sec. 512 Agents

    Eric Goldman
    20 Aug 2014 | 9:50 am
    The Copyright Office has released a pretty nifty document called the Compendium of U.S. Copyright Office Practices, Third Edition. The second edition was written 30 years ago, so it’s about time we got a new edition! I thought the document overall was a concise and readable distillation of copyright law, and I expect to use it as a handy reference frequently. I encourage you to check it out. Below, I excerpted the Compendium’s discussion about designating an agent for 512(c)(3) takedown notices. This looked OK to me, but I figured it would be helpful to get multiple eyeballs on…
  • What’s a Browsewrap? The Ninth Circuit Sure Doesn’t Know–Nguyen v. Barnes & Noble

    Venkat Balasubramani
    19 Aug 2014 | 8:54 am
    This is a lawsuit over Barnes & Noble’s alleged failure to honor its closeout advertisements for Hewlett-Packard Touchpads. (Coverage of the district court ruling here: “Barnes & Noble’s Online Contract Formation Process Fails–Nguyen v. Barnes & Noble.” Plaintiff (Nguyen) placed an order and when he was informed that B&N cancelled the order, he alleged he was “forced to rely on substitute tablet technology, which he . . . purchased [at] considerable expense.” B&N moved to compel arbitration on the basis of an arbitration clause contained in the…
  • Announcing the Second Edition of “Advertising & Marketing Law: Cases and Materials” by Tushnet & Goldman

    Eric Goldman
    18 Aug 2014 | 8:06 am
    Rebecca Tushnet and I are pleased to announce the release of Advertising & Marketing Law: Cases and Materials, second edition (2014). It’s available at Gumroad as a $11.50 DRM-free download (PDF version / epub mobile device version) and other outlets. You can read a free sample chapter, Chapter 13 (Featuring People in Ads). As usual, if you are a professor, or are hoping to teach the course, and would like a free review copy, please email me. About the Book This book is a major project that Rebecca and I have been working on for more than a half-decade. The book is nearly 400,000…
  • Copying Blogger’s Posts In Disciplinary Proceeding Is Fair Use–Denison v. Larkin

    Eric Goldman
    16 Aug 2014 | 9:10 am
    Photo credit: Rubber Stamp Copy // ShutterStockThe plaintiff, JoAnne M. Denison, is an Illinois attorney and operated a blog, Denison blogged about a guardianship case she believed was marred by corruption. The Illinois attorney disciplinary board alleged that she made false statements on her blog that violated the Illinois rules of professional conduct. Denison struck back with a copyright infringement lawsuit alleging the disciplinary board copied portions of the blog–more than was necessary–as part of its disciplinary proceeding. The court correctly says…
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    Brent Britton

  • Embaggen the cat, or let it out? (to NDA or not to NDA)

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

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

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

    6 Aug 2013 | 2:26 pm
    This post is excerpted from Ownability – How Intellectual Property Works, now available for pre-order at a 20% discount at In 2002, Steam Boat Willy, the first major film in which the venerable Mickey Mouse character appears, was about to celebrate the 75th anniversary of its release. Under the copyright law in force at that time, which dictated a 75-year duration for copyrights held by companies, the copyright for Steam Boat Willy was set to expire on the 75th anniversary of its release.This would have thrust the movie into the public domain for all to copy and enjoy.
  • The Light Within

    3 Aug 2013 | 10:25 am
    The word “namaste” roughly translates to “the light within me honors the light within you.” Beautiful, right? A really awesome way to view the world and everyone in it. But what is this light within? Can we find it? Can we become the light within? There are voices in your head, incessantly chattering at you. They narrate your day; they have an opinion about everything. Your parents are in there somewhere, I bet. And your exes. But mostly the voices are yours. There are Oscar the Grouches in there too, always threatening to drag you into their garbage cans. They are…
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    The Securities Law Blog

  • Securities Fraud Cases Can Be Criminal Cases

    21 Aug 2014 | 11:00 am
    Defending a SEC securities fraud case is not simply about the civil charges and penalties. Most securities law violations are also criminal violations, and violators can be charged both civilly and criminally.As securities litigators, we are aware of the issue, and sometimes the cases are not brought together. When resolving an SEC case, or even a FINRA enforcement case, we are always mindful of the potential for a criminal case, or  an enforcement proceeding from a state agency.In the usual case, if a criminal case is going to be filed, it is filed at or about the same time as the civil…
  • SEC Announces Charges in Houston-Based Scheme Touting Technology to End Fracking

    21 Aug 2014 | 6:00 am
    A Houston-based penny stock company and four individuals are being charged after the SEC discovered they were behind a pump-and-dump scheme that misled investors to believe the company was on the brink of developing revolutionary technology to enable environmentally friendly oil-and-gas production.The SEC alleges that one individual involved orchestrated the scheme by creating a shell company called Chimera Energy, secretly obtaining control of all shares issued in an initial public offering (IPO) in late 2011, and launching an aggressive promotional campaign midway through 2012 to hype the…
  • SEC Continues to Permit Reps to Sell their Company's Stock to Clients

    20 Aug 2014 | 10:00 am
    Dually registered investment advisory and broker-dealer firms will be able to continue selling stock from their own accounts to some clients, the Securities and Exchange Commission said.The SEC has announced it plans to extend by another two years, until December 31, 2016, this ability for dually registered firms with fee-based accounts, a posting on the regulator’s Division of Investment Management web site Monday revealed.The permission only applies to accounts where the clients have the ability to accept or reject proposed sales and only under some situations.This is the fourth time the…
  • SEC Charges N.Y.-Based Brokerage Firm With Overcharging Customers in $18 Million Scheme

    20 Aug 2014 | 6:00 am
    The SEC is charging New York-based brokerage firm Linkbrokers Derivatives LLC with unlawfully taking secret profits of more than $18 million from customers by adding hidden markups and markdowns to their trades.According to the SEC’s order instituting administrative proceedings, certain representatives on Linkbrokers’ cash equity desk defrauded customers by purporting to charge them very low commission fees, but in reality extracting fees that in some cases were more than 1,000 percent greater than represented.  These brokers hid the true size of the fees they were collecting by…
  • Avoiding Marijuana Stock Scams

    19 Aug 2014 | 2:42 pm
    It seems that whenever something new comes along, there are investors willing to jump on a perceived opportunity to profit from the next new thing. It seems that medical marijuana is that next new thing.We wrote about marijuana stock scams last year, and just last week the SEC filed charges against promoters who the Staff believes were "pumping and dumping" stocks of companies in the medical marijuana business. The SEC charged four promoters with manipulating marijuana-related stocks and the stocks of other tiny companies through a scheme the SEC described as "a carefully…
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    New Jersey Attorney Law Review Blog

  • NJ Judge Slams Mortgage Lender With $26,000 in Attorney's Fees for Violating New Jersey Consumer Fraud Act

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

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

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

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

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

  • Did the 4th Circuit “Tarnish” Sustainable Construction in the CBF Case?

    Christopher G. Hill
    11 Aug 2014 | 6:00 am
    English: The Philip Merrill Environmental Center -Headquarters for the Chesapeake Bay Foundation. (Photo credit: Wikipedia) About a week ago, the 4th Circuit Court of Appeals reversed and remanded the Chesapeake Bay Foundation’s “parallam” lawsuit.  Since that unpublished ruling on procedural grounds, much discussion has ensued.  One particularly interesting headline, found at the well respected Greed Building Law Update, states Litigation Over First Ever LEED Platinum Building Tarnishes Green Building.  After describing the reversal, the GBLU post then states its opinion…
  • Personal Thoughts on Construction Mediation

    Christopher G. Hill
    8 Aug 2014 | 6:00 am
    Originally posted 2009-11-30 09:00:10. As I left a mediation last week at 8:30 at night, I realized something that I knew all along.  Mediation works. Why does mediation work?  For several reasons that I can think of. The first, and likely most important is that lawyers are expensive.  In most construction cases, we charge by the hour and those hours build up, especially close to a trial date.  A mediated settlement can avoid this sharp uptick in attorney fees that always occurs in the last month before trial.  Therefore the earlier the better. The second is the flexibility to make a…
  • Cloud Computing for Small and Mid-sized Law Firms

    Christopher G. Hill
    8 Aug 2014 | 6:00 am
    Originally posted 2012-03-02 09:00:08. For this week’s Guest Post Friday here at Musings, we welcome a long time friend, Kriss Wilson. Kriss is a co-founder and serves as President of both Superior Document Services and Compiled Services.  He has extensive experience, assisting clients in the management of their E-Discovery process through all facets of the EDRM model..  Because of his experience,  Kriss thoroughly understands the complex and time sensitive  issues that lawyers, corporations, governments and their Information Technology departments face when handling electronic…
  • Musings: Moving or Going into a New Service Area, There is More to It Than Just…

    Christopher G. Hill
    8 Aug 2014 | 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. (@The_HTRC) Sean has over 20 years in the construction and project management fields. As many know he pulled up stakes and moved to the State of Illinois almost a year ago where he still focuses on the “green” / energy efficiency markets by helping builders & trade professionals to improve their methods not only locally but nationally. Currently he is RESNET Rater, AEE CEA (Certified Energy Auditor), ENERGY STAR partner & verifier, EPA Indoor airPLUS…
  • Discussions of Online Presence at ALPS 411

    Christopher G. Hill
    5 Aug 2014 | 7:00 am
    Thanks again to all of the good folks at ALPS 411 for the ability to use their fine practice and risk management platform to share a few “musings.”  This time around, I was asked for thoughts on building an online presence as a solo practitioner. Here’s a taste: When Kiffin Hope here at ALPS 411 asked me to give a list of what I think are good ways to establish an online presence for a solo practice, I was a bit flummoxed because I am far from an SEO or marketing wizard but thought that I’d give it a try. So here’s what I’ve “learned” from…
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    CAFA Law Blog

  • Local Controversy Exception, Not Home State Exception Wins the Day (McGlinchey Stafford PLLC)
    19 Aug 2014 | 3:00 am
    Vodenichar v Halcon Energy Properties Inc., 733 F.3d 497 (3d Cir. Aug. 16, 2013). In this action, the Third Circuit affirmed the remand of the case based on a local controversy exception rather than the applying the home state exception as the basis for the district court’s remand. The plaintiffs, individuals along with the Grove City Country Club, filed a suit on behalf of themselves and other similarly situated landowners who sought to lease the oil and gas rights in their land in Mercer County, Pennsylvania.Defendants Morascyzk & Polochak (“M & P”) and Co-eXprise, d/b/a/…
  • Approved Settlement of Federal and State Wage Claims Did Not Implicate CAFA (McGlinchey Stafford PLLC)
    15 Aug 2014 | 3:00 am
    Juvera v. Salcido, 2013 WL 6628039 (D. Ariz. Dec. 17, 2013) A District Court in Arizona granted approval to a $157,000 settlement holding that the Settlement Agreement reflected a fair and reasonable resolution of wage issues in the action. Current and former cashiers who were employed with the defendants brought this action alleging violations of the Fair Labor Standards Act and Arizona’s minimum wage laws.  Their grouse stemmed from the cashiers having to reimburse the defendants when the cash drawer or till did not add up correctly; and from the employees having to repay the defendants…
  • Ninth Circuit’s Lowdermilk’s Legal Certainty Standard is Irreconcilable with Standard Fire (McGlinchey Stafford PLLC)
    14 Aug 2014 | 3:00 am
    Rodriguez v. AT&T Mobility Services, LLC, 2013 WL 4516757 (9th Cir. Aug. 27, 2013). The Ninth Circuit’s decision that Lowdermilk’s imposition of the legal certainty standard was clearly irreconcilable with Standard Fire is a boon to defendants seeking to remove cases to federal court under CAFA.Editor’s Note: See the CAFA Law Blog analysis of Lowdermilk posted on July 30, 2007). Here, the Ninth Circuit noted that while Lowdermilk reasoned that the initial jurisdictional determination derives from the complaint, Standard Fire mandates that courts determine their jurisdiction by…
  • Setting the Edges: Defending Against Plaintiff End Runs Around CAFA (McGlinchey Stafford PLLC)
    13 Aug 2014 | 3:00 am
    Edward S. Sledge, IV & Christopher S. Randolph, Jr., Setting the Edges: Defending Against Plaintiff End Runs Around CAFA, 80 Def. Couns. J. 178 (April 2013). In this article, Edward S. Sledge, IV, a shareholder at Maynard, Cooper & Gale, P.C. in Birmingham, Alabama, discusses the abusive practice that has allowed plaintiffs’ attorneys to evade CAFA jurisdiction. The author begins the article by describing the state of class action litigation before CAFA came into force.  During that time, class action filings were concentrated in a few plaintiff-friendly venues, and plaintiffs’…
  • Probation Company is not a Government Entity for the Purpose of CAFA (McGlinchey Stafford PLLC)
    12 Aug 2014 | 3:00 am
    McGee v. Sentinel Offender Servs., LLC, 2013 WL 2436658 (11th Cir. June 6, 2013).   A question arose before the Eleventh Circuit if a probation company is a government entity so that it could not assert federal jurisdiction under CAFA.The Eleventh Circuit held that the probation company who is contracted by the state for services was an officer of court like private attorneys, and not a government entity for the purpose of CAFA. The plaintiff, a convict, brought an action in Superior Court of Richmond County, asking the Court to hold the defendant in criminal contempt of court for resisting…
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    Lowering the Bar

  • Meta Mug Shot

    21 Aug 2014 | 11:55 am
    Via the mugshot masters at The Smoking Gun: Yes, that's an earlier mugshot of the same person on the T-shirt he wore for this mugshot. A co-worker made this T-shirt for the young man after he was arrested in June for drunk driving. At first I thought he had been arrested a second time while wearing a mugshot from his earlier crime, but it isn't quite that good. He pleaded guilty to the DUI charge and was sentenced to a couple of days in jail. After he was told to report back in August, the co-worker then made the T-shirt, which also bears the words "BURT FAMILY REUNION 8/8 - 8/10/2014,"…
  • Meanwhile in Florida, Pants Continue to Vex

    20 Aug 2014 | 1:08 pm
    As the nation wrestles with difficult issues of race, violence, civil rights, and foreign entanglements, one community has yet another seemingly intractable problem to deal with: saggy pants. Actually, as long-time readers will know, many American communities have struggled with the low-pants problem over the years. Just a quick search shows close to a dozen posts on pants-related legislative efforts in Tennesee, Michigan, Georgia, Louisiana, and especially Florida. Of course there are constitutional implications, such as those I pestered the Michigan ACLU about in 2008. But my…
  • Feds Say Legally Dead Is Slightly Alive

    18 Aug 2014 | 12:17 pm
    Miracle Max: He probably owes you money, huh? I'll ask him. Inigo Montoya: He's dead. He can't talk.  Max: Whoo-hoo-hoo, look who knows so much. It just so happens that your friend here is only MOSTLY dead. There's a big difference between mostly dead and all dead. Mostly dead is slightly alive. With all dead, well, with all dead there's usually only one thing you can do. Inigo: What's that?  Max: Go through his clothes and look for loose change. The Princess Bride (1987)  This doesn't quite fit, but it's close and an excuse to…
  • Quadrigamist Tripped Up by Facebook Photos of Fourth Wedding

    18 Aug 2014 | 5:30 am
    While the main purpose of this thing is entertainment, it is actually quite possible to learn useful information from reading it. Especially if you are an aspiring bigamist. The latest non-reader to pay the price is a 49-year-old South Carolina man (let's call him "Darnell," because that's his name) who has been accused of having four wives at the same time. (He has actually had five wives, but he did divorce one of them.) Under South Carolina law, "[a]ny person who is married who shall marry another person" is guilty of bigamy. Any person who is married who shall marry four other…
  • In Which I Am Used to Embarrass Fox News

    18 Aug 2014 | 12:15 am
    So this just happened on Twitter: And yes, that's me (on her television, apparently). The general theme of the thread that followed was something like "Fox News thinks this bird-poop thing is more important than #Ferguson!" It very well may, but this was Fox Business News and they were just re-running the John Stossel show I was on a few weeks ago (pre-Ferguson, in fact). Now, are they running it instead of covering Ferguson? Yes, although this is not the main Fox News channel and I don't think they do live news at all on FBN, actually. And if this had been primarily a news show, they…
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    Ohio Family Law Blog

  • Divorce: Dividing Property, Assets & Debts in Ohio

    Robert L. Mues
    16 Aug 2014 | 12:55 am
    Property Division in Ohio Can Be Complicated In Marriage Breakup – Hire A Experienced Divorce Lawyer Early Depending upon the issues in a marriage breakup, dividing assets and debts is usually a preliminary topic of conversation.  This can be a complex and lengthy discussion depending upon the nature of the assets, length of the marriage, and title of the property. The first aspect of analyzing how the court may divide property pertains to whether or not the property was acquired before or after the date of marriage. If the property is separate pre-marital property, that property…
  • School Year Preparations For Child And Parent

    Robert L. Mues
    9 Aug 2014 | 12:36 am
    How To Prepare For A Successful School Experience – 10 Practical Back To School Tips for Parent And Child Transitioning Into A Separation or Divorce School is right around the corner for many children and their parents.  This time of the year, while always somewhat stressful for children, can bring even more anxious unknowns for a child when their parents are separated.  Regardless of your relationship with your former spouse there are some steps you can take to ensure your children, and their teachers are prepared for the coming year. The first thing to remember is even if you’re…
  • Fine Art of Listening So Kids Will Talk

    Guest Contributor Gregory Ramey, PhD, Child Psychologist and Dayton Daily News Columnist
    2 Aug 2014 | 12:43 am
    Communicating with your kids is all about talking in a way that they will listen, but also listening in a way that they will talk. Listening isn’t easy, as many parents ignore the Law of Moderation, either talking too much or not saying enough in response to their kids’ comments. If you say nothing, youngsters don’t know if you really understood them. If you respond too aggressively, kids feel like you may be dismissing their concerns. Here are the five keys to effective listening. Give your full attention.Conversations with kids often seem to happen at inconvenient times, such as when…
  • Putative Father Registry: Should One Be Established Nationally?

    Robert L. Mues
    26 Jul 2014 | 12:40 am
    National Putative Father Registry Database Could Benefit Father And The Child This article intends to highlight the rationale for creating a National Putative Father Registry, instead of just allowing each state to independently promulgate their own registry. What is a Paternity Registry? A Paternity or Putative Father Registry is a database established to protect children and their mother by allowing putative fathers to list their names. This, in turn, will require that the putative father is notified regarding his legal rights to the child and if any of those rights are in the process of…
  • Child Support: Should You Talk To A CSEA Ombudsman?

    Anne Shale
    19 Jul 2014 | 12:53 am
    Interview With Montgomery County CSEA (Child Support Enforcement Agency) Ombudsman Anne Bissacco On May 28, 2014, I had the opportunity to spend time with Anne Bissacco in an interview for this Ohio Family Law Blog Article.  Anne is the Ombudsman and Customer Relations Supervisor for the Child Support Enforcement Agency (“CSEA”) for Montgomery County, Ohio.  What is an “ombudsman”?  Webster’s New World Dictionary defines the word as follows: “A public official appointed to investigate citizens’ complaints”.  This is exactly the role that Anne performs.  She listens to…
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    3 Geeks and a Law Blog

  • Let CI Be Your Guide

    12 Aug 2014 | 8:39 am
    Someone asked me recently why I think more and more law firms are creating CI roles or increasing their CI capacity, encouraging their BD and Library staff to work more closely so forth. I didn't really have a good answer on the spot, "cause it makes good business sense, or because market competition and consolidation is increasing" seemed all to obvious and do not address this specific moment in the evolution of the modern law firm.  Last month, I participated in a webinar presented by Ann Lee Gibson, long time law firm CI consultant as a part of the IntelCollab webinar series and…
  • The CIO Brain And Music… Not As Strange As It Sounds

    29 Jul 2014 | 12:14 pm
    For those of you that attend the ILTA conferences, you may be aware of the (in)famous band called Legal Bytes. Legal Bytes is the world's only band made up entirely of current and former Chief Information Officers from law firms. At this year's ILTA conference, Legal Bytes will actually be releasing a 12-song CD of original material called "Bright Lights… Big Data." The August 17th release at ILTA, presented by Recommind, will talk about the joys and pains (mostly pains) of managing technology in the BigLaw world. Our very own 3 Geeks' contributor, Scott Preston, is the…
  • Whither Change?

    21 Jul 2014 | 4:00 pm
    Image [cc] Moyan Brenn Three posts recently caught my eye. One was on the imminent demise of BigLaw. The other was on how small firms are about to have their day. In the third one Thomas Sager, the GC for Dupont takes GCs to task for not pushing hard for change from outside counsel. In his words, "Until that happens, I don't know how you are going to beat this." Right ... on all accounts? The impending doom and demise of BigLaw is getting to be a very old story. Old enough, we should all be asking; So when is this actually going to happen? The rise of small law post brought…
  • Texas Scold 'Em

    17 Jul 2014 | 2:00 am
    They say that everything is bigger in Texas.  Apparently that even includes self-deluding opinions. Yesterday, a friend pointed me toward an article in Texas Law Book entitled Get Wall Street Out of the Practice of Law. (Subscription Required) In this opinion piece, the author, a former Big Law partner and current Legal Communications Advisor, offers her own opinion on the Texas Bar Opinion No. 642.  Opinion 642 is the one that says that "Texas Law Firms" (Is that any firm with an office in Texas? Firms with offices only in Texas? Or, firms with headquarters in Texas?) cannot have…
  • Jeff Carr, Project Management and Procurement

    15 Jul 2014 | 4:00 pm
    Jeff Carr in his Race Car Jeff Carr announced his retirement from his GC role at FMC Technologies recently. For those who follow the legal change landscape, Jeff has been a consistent beacon, advocating for change for quite some time. His model at FMC is one of (if not THE) most successful client implementations of legal cost savings in the world. His recent Forbes article noted how the company has grown significantly since he took on the role, while his legal spend has decreased. Fortunately Jeff has stated that even though he is leaving FMC, he will not be leaving the fight for change. We…
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    The High-touch Legal Services® Blog...for Startups!

  • A DBA is not a Legal Entity

    29 Jul 2014 | 4:33 pm
    This post is based on a question that I answered on Avvo. The question illustrates a common misunderstanding concerning DBAs. (DBA is an abbreviation for “doing business as” – i.e., a fictitious business name.) The questioner did not realize that a DBA is not a legal entity Q. Can someone sue a DBA for breach of contract by the parent corporation? Why a DBA is not a Legal Entity Analysis: The questioner owned a corporation that apparently was created for investment purposes. That corporation also owned a restaurant, which it operated under a fictitious business name. A…
  • Can I Walk Away from My Suspended LLC?

    15 Jul 2014 | 6:41 pm
    This post addresses a question that arises frequently from founders of California limited liability companies that have been suspended: Can I walk away from my suspended LLC? A suspended LLC is the result of a founder who has neglected to file Statements of Information with the Secretary of State, or file returns with or pay amounts due to the Franchise Tax Board, or both of the foregoing. Please see Why was My Corporation / LLC Suspended or Forfeited? Forgotten LLC = Suspended LLC Frequently this happens because the LLC did little or no business, so the founder forgot about it. (This…
  • What Does Non-binding Mean and Why Should I Care?

    2 Jul 2014 | 3:44 pm
    This post discusses the meaning of non-binding with respect to a letter of intent (LOI) or a memorandum of understanding (MOU). (Non-binding has a similar meaning in other legal contexts, such as legislation or arbitration, but I will not discuss those contexts here.) Although I will refer to solely an LOI in the remainder of this post, the following pertains to an MOU, as well. The purpose of an LOI is to summarize the basic terms of a relationship into which the parties wish to enter. It also specifies that the parties will enter into negotiations to prepare a definitive agreement…
  • Entity Conversion Can Be Easy – If You Know What You Are Doing

    18 Jun 2014 | 4:01 pm
    This post about entity conversion is an expanded version of an answer that I provided on Quora yesterday. (How do I convert a Delaware LLC to a California LLC?) In my experience, entity conversion typically occurs for either, or both, of the following reasons. The need to convert a limited liability company (LLC) to a corporation to accept an investment from an institutional investor, such as a venture capitalist. The need to move an entity from one state to another. This typically occurs because the founder relocates, or because an investor prefers to invest in a Delaware corporation.
  • How Do We Issue Corporate Shares?

    10 Jun 2014 | 2:41 pm
    Several weeks ago, I wrote about how to issue LLC membership interests. in this post, I am addressing how a small corporation should issue corporate shares. To start, one must examine the Certificate of Incorporation (Delaware) or Articles of Incorporation (California) to determine the maximum number of shares that may be issued. (To simplify this discussion, I will assume that only one class of common shares has been authorized.) A corporation may not issue more shares than are authorized. Board Resolution to Issue Corporate Shares Next, the board of directors must approve a resolution…
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    Gamso - For the Defense

  • Because He's Not Above or Below the Law

    17 Aug 2014 | 12:01 pm
    What should he do if it's true?  If he actually beat his wife?That's what Judge Kopf asks at his blog, Hercules and the Umpire.  He's asking about Mark Fuller. That's The Honorable Mark Fuller, Judge of the United States District Court for the Middle District of Alabama.  Jay Reeves in the Montgomery Advertiser.Atlanta police arrested Fuller, 55, early Sunday and charged him with misdemeanor battery after his wife called 911 from a hotel and said he was beating her. Mark Fuller told police that his wife became violent as she confronted him with allegations of cheating.Judge…
  • On Drug Dogs, Rafael Montero, Thalidomide, and Florida v. Harris

    15 Aug 2014 | 12:00 am
    The Mets are going nowhere fast.  Terry Collins, the manager, said the other day that he expects them to be in the post-season.  Either he was either lying or he's delusional.  The team (and I'm trying to be gentle about this) sucks.Their superstar hitter, David Wright, is slugging an anemic .384.  He's got a 13-game hitting streak going, but during the streak he's managed only once to hit for extra bases.  That was a double.  Still, and with more than a few glitches along the way, their pitching - especially their starting pitching - has been pretty good these…
  • Really, It Was the Other Guy

    10 Aug 2014 | 11:48 pm
    Whatever you think of the criminal justice system, it suffers from an unavoidable flaw.  It's operated by human beings.  That means it won't be perfect.Whatever ought in some platonic sphere of ideal justice (whatever that might be), it won't always be what gets meted out.  Some folks will be treated more harshly than they should.  Others more leniently. Some number of factually guilty people will walk free because, for whatever reason, the jury didn't find the evidence sufficiently compelling.  Some number of factually innocent people will be convicted because, well,…
  • It Seems Competence Isn't Enough

    29 Jul 2014 | 6:35 pm
    Turns out that it wasn't incompetence.  Which is maybe the bad news.  AP reports.Intravenous lines were placed correctly during the execution of an Arizona inmate whose death with lethal drugs took more than 90 minutes, a medical examiner said Monday.Incorrect placement of lines can inject drugs into soft tissue instead of the blood stream, but the drugs used to kill Joseph Wood went into the veins of his arms, said Gregory Hess of the Pima County Medical Examiner's Office.That's happened before.  Most recently, apparently, in Oklahoma where the folks trying to kill Clayton…
  • One Here, None There

    29 Jul 2014 | 4:54 am
    The story in today's Times begins this way.Francois Holloway has spent nearly two decades of a 57-year sentence in a federal prison, for serious crimes that no one disputes he committed. There were armed carjackings, and his participation in an illegal chop shop, where stolen cars would be dismantled and sold for parts.It's a powerful story of a federal judge in Brooklyn (John Gleeson) committed to doing something about an absurdly harsh sentence he was forced by law to impose, the lawyer he appointed (Harlan J. Protass) to represent Holloway finding a couple of similar situations in Montana,…
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    Technically Legal

  • A More Enforceable Terms and Conditions

    Ben Snitkoff
    19 Aug 2014 | 5:51 am
    After the news yesterday of the Ninth Circuit holding that Barnes & Noble’s Terms of Service were never agreed to, I wanted to highlight the “Terms and Conditions” on the Jack Rudy Cocktail Co. site. The Terms and Conditions are never explicitly agreed to by the customer, but that’s OK, because they don’t require agreement by the customer. They are reproduced in full below: Customer Service Bottom line, we are a small company, and we are positioned to ensure your experience with us is pleasant. If it isn’t, give us a call. We’ll answer. Privacy Notice We…
  • 9th Circuit: Users Have to Agree to TOS to Be Bound By It

    Ben Snitkoff
    18 Aug 2014 | 3:43 pm
    In 2011, retailers across the country steeply discounted the ill-fated HP Touchpad. After being inundated with requests for the short-lived WebOS device, retailers including Barnes & Noble cancelled many of the orders. One spurned customer filed a class action lawsuit against Barnes & Noble in state court, which then removed the case to federal court, and sought to compel arbitration, as required in Barnes & Noble terms of service. But, as in many cases, there was a rub. Barnes & Noble’s website did not require users to assent to their terms of service at any time,…
  • Inequitable Conduct Not Dead Yet

    Ben Snitkoff
    16 Aug 2014 | 10:16 am
    Unenforceability of a patent through inequitable conduct is a equitable defense to a claim of patent infringement. It exists when a defendant can prove that the patent they are being accused of infringing was obtained through misrepresentations or omissions to the Patent Office, intentionally committed by the patentee with an intent to deceive. In 2011, the Federal Circuit Court of Appeals decided Therasense v. Becton, Dickenson, and Co., a case that was hailed by some as the death of inequitable conduct. There have been only a handful of cases since 2011 finding, or upholding findings of…
  • Federal Circuit Lacks Jurisdiction on Consumer Protection Action

    Ben Snitkoff
    11 Aug 2014 | 10:50 am
    MPHJ Technology Investments, LLC (MPHJ) is the owner of several patents relating to scanning documents on network-attached hardware. MPHJ has forty wholly-owned shell subsidiary companies. Each shell company purported to be the exclusive licensee of MPHJ’s patents with respect to certain geographic areas, or commercial fields. These companies identified business in Vermont and around the country that they thought infringed the MPHJ patents and would then send a form letter stating that they believed there was infringement, and requesting that the businesses confirm they do not infringe,…
  • Mexican Trademark Law Potentially Relevant in Evaluating an Injunction in US

    Ben Snitkoff
    6 Aug 2014 | 11:23 am
    Quinta Real is an upscale hotel that has operated in Mexico since the 1980s. La Quinta is an American hotel chain that operates in over 80 major cities, and has been operating the US since the 1960s. Over the past few decades, Quinta Real has made a two failed attempts to enter the US market. After Quinta Real’s most recent attempt to enter the US market, La Quinta filed a case seeking a permanent injunction preventing Quinta Real from using that name in US. After the district court granted that injunction, Quinta Real appealed on multiple grounds. The Ninth Circuit affirmed the finding…
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    Bitter Lawyer

  • Empire State Of Mind

    Joline Zepcevski
    20 Aug 2014 | 3:20 pm
    Despite long term claims that Bitter Lawyer is being revamped, this time it really is. Turns out, our favorite un-lawyer Lisa Needham, aka snipy on the twitters and a writer for the far more respectable Lawyerist, decided that she was done with this nonsense and is taking over. And snipy isn’t alone, because she somehow suckered our dearest not-academic Joline Zepcevski, aka gigglebyte, into joining in on this three ring circus and creating an empire. A very bitter empire. Yes, for your reading displeasure, we are bringing you the Bitter Empire. Except not right now, because we’re not…
  • Do Not Friend Your Law School Professor on Facebook

    Mr. Law School
    13 Aug 2014 | 5:11 am
    It’s not a good idea to friend your law school professor on Facebook. Do Not Friend Your Law School Professor on Facebook is a post from Bitter Lawyer. The original content in this feed is © 2013 Lawyerist Media, LLC. This feed is provided for private use only and may not be re-published.
  • Lawyer Receives Prestigious Award for Tweeting Excellence

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

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

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

  • Be still my heart: A short (one-item!) measure of narcissism? 

    Rita Handrich
    20 Aug 2014 | 4:02 am
    We are all about short measures of psychological constructs. You might say watching the development of various scales is a hobby here (just look at all these posts!). With rare exception, courts don’t permit lengthy questionnaires, or questions that sound like a psychological screening test. So when the Neuroskeptic blogged about a new one-item scale for narcissism, it got our attention quickly. True to his name, the Neuroskeptic isn’t so sure this is a good measure of actual narcissism–although it is highly correlated with other self-report measures of narcissism. We have different…
  • Simple Jury Persuasion: When videos are too persuasive…

    Douglas Keene
    18 Aug 2014 | 4:02 am
    It’s hard to know why research that is a almost a decade old is seen as fodder for a recent Op-Ed in the New York Times, but so it goes. Jennifer Mnookin, a law professor at UCLA, certainly has an impressive resumé, and it is likely most readers of the NYT are not familiar with camera perspective bias. We blogged about this research back in 2010 and mentioned it in our 2012 article on false confessions. In short, the camera perspective bias research says that when confessions are videotaped, they “should be videotaped in their entirety and with a camera angle that focuses equally on the…
  • Did you hear the one about older adults being targeted for fraud?

    Rita Handrich
    15 Aug 2014 | 4:02 am
    Of course you did. But you may want to take a look at this study because, maybe, it isn’t true after all. It certainly is a well-known myth if it is not true. This appears to be one of those situations where we add up what we know and then come up with a conclusion that just doesn’t appear to be true. Here’s what we know: research on cognitive age-related changes and emotional age-related changes tells us there are indeed shifts that can increase the vulnerability of the older adult to consumer fraud. We conclude, thus, they are defrauded more often. This research, which is actually…
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    Karl Bayer's Disputing Blog

  • Congratulations to Arbitration Nation!

    Beth Graham
    15 Aug 2014 | 2:46 pm
    Disputing would like to congratulate Liz Kramer at Arbitration Nation on her recent blogging anniversary. For the past three years, Ms. Kramer has provided readers with thoughtful insight into judicial interpretations of the Federal Arbitration Act. According to Arbitration Nation: Arbitration is meant to be an alternate to litigation. Yet arbitration is itself the subject of much litigation over who must arbitrate, what must be arbitrated, whether and how the arbitration should proceed, and the deference courts must show to arbitration awards. This blog is intended to be a resource for…
  • Dallas Appeals Court Vacates Order Denying Arbitration in Marketing and Sales Case

    Beth Graham
    12 Aug 2014 | 6:55 am
    Texas’ Fifth District Court of Appeals has vacated a trial court’s order denying arbitration in a marketing and sales dispute. In Momentis U.S. Corp. et al. v. Perissos Holdings, Inc. et al., No. 05-13-01085-CV, (Tex. App. – Dallas, July 30, 2014), a company (“Momentis”) that sold “energy contracts, mobile phone services, internet services, and digital television services” using third-party independent contractors (“IRs”) using a sales network was sued by a former salesperson (“Hale”) and the company he used to market the products (“Perissos”). According to Hale, the…
  • Mediator Ethical Breaches: Implications for Public Policy

    Beth Graham
    11 Aug 2014 | 7:53 am
    Hamline University School of Law Professor Sharon Press has published Mediator Ethical Breaches: Implications for Public Policy, Penn State Yearbook on Arbitration and Mediation, Vol. 6, p. 107 (2014). In her article, Professor Press discusses the public policy goals behind court-connected mediation. She also examines the effect that grievances filed against court-connected mediators in the State of Florida over the course of a decade had on those goals and offers suggestions for addressing ethical breaches. Here is the abstract: Court-connected mediation, which includes both court mandated…
  • Executive Order Prohibits Mandatory Arbitration of Federal Employment Discrimination and Sexual Harassment Claims

    Beth Graham
    7 Aug 2014 | 8:07 am
    On July 31st, President Obama signed the “Fair Pay and Safe Workplaces” Executive Order.  As part of the order, federal contractors are now forbidden from using mandatory pre-employment arbitration clauses for employment disputes related to sexual assault, harassment, or workplace discrimination violations. Here is the relevant provision: Sec. 6.  Complaint and Dispute Transparency.  (a)  Agencies shall ensure that for all contracts where the estimated value of the supplies acquired and services required exceeds $1 million, provisions in solicitations and clauses in contracts shall…
  • Texas Supreme Court Denies Petition for Review in Fraud Suit Filed Following Arbitration

    Beth Graham
    2 Aug 2014 | 10:12 am
    Yesterday, the Supreme Court of Texas declined to review a fraud case stemming from an arbitration proceeding.  In Patten et al. v. Johnson et al., No. 14-0433, a JAMS arbitrator issued an award in favor of Johnson over a business dispute with Patten.  Later, that award was vacated due to an undisclosed relationship between the arbitrator and Johnson and a new arbitration was conducted.  After Patten prevailed at the new arbitral hearing, he filed a complaint for fraud against Johnson, the law firm of Fish & Richardson, the arbitrator in the vacated case, and JAMS.  A trial court…
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    South Florida Lawyers

  • 11th Grants Hearing in Buju Banton Appeal!

    South Florida Lawyers
    21 Aug 2014 | 8:03 am
    It's unclear the exact procedural posture, but this seems like good news for Buju backers:A lawyer for convicted Jamaican reggae star Buju Banton said Tuesday that a U.S. federal appellate court agreed to a new hearing on his latest appeal. The Grammy-winning singer is serving a 10-year sentence for convictions on cocaine conspiracy and trafficking charges stemming from a 2009 arrest that followed a sting operation. He was convicted in 2011 after his first trial in 2010 ended with jurors deadlocked. In an email, attorney Charles Ogletree said the 11th U.S. Circuit Court of Appeals in Atlanta…
  • 3d DCA Watch -- Sorry, We'll Get to that Boring Civil Stuff Next Week!

    South Florida Lawyers
    20 Aug 2014 | 8:46 am
    The funding came through and they just installed a wash basin/hot tub adjacent to the mechanical room/gym, and one thing led to another, and oh well, that's life in the 305!
  • Sanctions Motion for Not Proceeding in Arbitration?

    South Florida Lawyers
    19 Aug 2014 | 11:48 am
    This nasty dispute between an ex-Steinger, Iscoe attorney and her former PI firm has all the makings of a rollicking ride in district court before Judge D.The judge has already denied a motion to seal the court record, and the defendant has come out swinging with a Rule 11 motion for bringing the suit in federal court:Unfortunately, it is all too common that parties subject to arbitration agreements abuse our system of justice to extort money from Defendants who have little choice but to spend tremendous sums defending these types of frivolous claims, which will undoubtedly be sent back to…
  • Is It Bad When the 11th Circuit Says This About You?

    South Florida Lawyers
    18 Aug 2014 | 11:17 am
    You tell me, they are talking about this guy:All the more troubling is that Pugatch, a sworn officer of the court, actively obstructed Wortley’s efforts to obtain evidence of the plan to file for involuntary bankruptcy. He and his associate falsely responded to Wortley’s November 2010 discovery request by saying that “all non-privileged documents responsive to [Wortley’s requests]” had been produced. Wortley’s Mot. for Reh’g, Ex. H at 3. Clearly, some significant non-privileged and responsive documents had been withheld. Pugatch also represented Tarrant at the deposition, where…
  • SFL Monday Digital Back to School Dump!

    South Florida Lawyers
    18 Aug 2014 | 7:46 am
    Sheesh there's so much happening today, but first:  if you sent your charming, adorable, above-average kiddos off to school this morning and did not immediately FB it -- did it really happen?Is this really happening:BRING THE PIZZ! Suspended Miami Lakes Mayor Michael Pizzi intends on showing up to Town Hall on Monday and reclaiming his office, saying he has the constitutional right do so after being acquitted of federal corruption charges.The town’s response: If he goes into any unauthorized areas including the mayor’s office “he will be deemed a trespasser and subject to…
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    eLessons Learned

  • Court Denies Motion to Compel Forensic Computer Examination Based on Proportionality Grounds

    18 Aug 2014 | 6:00 am
    A common problem in e-Discovery is what to do when your adversary is withholding relevant information.  An even worse problem is when you know your adversary is withholding relevant information, but you are not precisely certain what that information is.  This was the problem for the defendant in NOLA Spice Designs, LLC v. Haydel Enterprises, [...]
  • Heavy Sanctions Can Be Levied Against Litigants Sitting on Discovery Information

    15 Aug 2014 | 6:00 am
    Although this case does not deal directly with e-discovery, the ruling can have major e-discovery ramifications. Skipping to the end of this very long and complicated decision in Flinthill, the Judge’s conclusion was that the plaintiff in this case was trying to exact revenge on those she felt had wronged her in a messy divorce [...]
  • Judge to Parties: “Work It Out Yourselves!”

    13 Aug 2014 | 6:00 am
    In this case, Plaintiff AMEC Environment and Infrastructure, Inc. (“AMEC”) sued six former employees and Geosyntec Consultants Inc. (“Geosyntec”) after AMEC employees went to work for Geosyntec. AMEC alleges that defendants took confidential and/or trade secret information and competed unfairly with AMEC’s existing and prospective business relationships. The claims include unauthorized access of computer information, [...]
  • Colorado Supreme Court Remands Finding That Trial Court Didn’t Do Their Job By Failing To Actively Manage Discovery

    11 Aug 2014 | 6:00 am
    How involved does a district court have to be in discovery issues?  This is the main issue that the Colorado Supreme Court tackled in this case.  The Court drew a firm line and interpretation on one of the state’s discovery rules and remanded to the district dourt so they could follow it. The plaintiff, DCP [...]
  • Tale of the Tape: Lax Litigation Hold Leads to Spoliation Sanctions… Again

    8 Aug 2014 | 6:00 am
    Once bitten, twice shy.  The classic idiom stands for the general proposition that when an individual is hurt  by someone or something, they tend to avoid that person or situation in the future.  Well, it looks like the defendant in Hart v. Dillon Companies did not learn its lesson as it will face spoliation sanctions [...]
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    International Business Law Advisor

  • 4 Reasons Why a Lawsuit Over Flight MH17 Will Not Succeed in U.S. Courts.

    Santiago A. Cueto
    4 Aug 2014 | 7:56 pm
    “I opened the door and it was raining people. One fell in my vegetable patch” –Irina Tipunova, Rozsypne, Ukraine That horrific account captures only part of the tragedy that ended the lives of 298 passengers aboard Malaysia Flight MH17 last month.  Several hundred feet from Ms. Tipunova’s home, dozens more ravaged bodies lay in the wheat fields where the airliner came down. Upon learning of such a scene, the knee-jerk reaction for many international plaintiff lawyers is to rush lawsuits into U.S. courts to take advantage of it’s generous tort system. Indeed, it was only…
  • 35 International Business Etiquette Rules that Might Surprise You.

    Santiago A. Cueto
    12 Jun 2014 | 12:45 pm
    Besides that one time in Switzerland that I yodeled my lunch order, I’ve had a good stretch of luck with not running afoul of any major rules of etiquette when doing business in other countries. Whether I’m at Breakfast with a banker in Brazil, at lunch with a lawyer in London or at dinner with a dealer in Denmark, I’m always uneasy about violating some unspoken rule of etiquette in the country that I’m visiting. I’ve found that the best way to the right thing is to follow the local rules of etiquette is to simply follow the lead of my hosts. This has worked-out just fine for me.
  • 4 Steps to Effectuate Service of Process Under the Inter-American Service Convention

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

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

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

  • SEC’s Municipal Advisor Exam Initiative

    Doug Cornelius
    20 Aug 2014 | 5:35 am
    The Securities and Exchange Commission announced a new examination initiative directed at newly regulated municipal advisors. The examinations are designed to establish a “presence” with the newly regulated municipal advisors. We’ve seen this blueprint before. It looks a lot like the presence exam initiative for newly registered private fund managers and the never before examined initiative for unexamined advisers. The SEC is trying to knock on as many doors as they can. The SEC is working with the Municipal Securities Rulemaking Board (MSRB) and the Financial Industry…
  • Another Tale of Golf Course Stock Tips Ending Up in a Sand Trap of Insider Trading

    Doug Cornelius
    19 Aug 2014 | 5:00 am
    The Securities and Exchange Commission brought another insider trading case where the tips were allegedly traded on the golf course. “Country clubs or similar venues may give people a false sense of security that leads them to think they can get away with trading on unlawful stock tips,” said Paul G. Levenson, director of the SEC’s Boston Regional Office. “But as in any social setting, people who trade securities based on confidential information they receive are taking a huge risk that their illegal tipping and trading will be identified by the SEC.” Robert Bray triggered the FINRA…
  • The Stability of Prime Money Market Funds

    Doug Cornelius
    18 Aug 2014 | 6:09 am
    I was critical of the Securities and Exchange Commission’s new rule on money market funds. To me it seemed like it was trying to fix a problem that didn’t exist, and in the process made things more complicated. For criticism to be correct, I need data. After review a paper on the Stability of Prime Money Market Mutual Funds, maybe I was wrong. Steffanie A. Brady, Ken E. Anadu, and Nathaniel R. Cooper looked at money market funds from 2007 to 2011 for evidence that they could have “broken the buck.” The most famous instance was when the Reserve Primary Fund did the…
  • Compliance Bricks and Mortar for August 15

    Doug Cornelius
    15 Aug 2014 | 5:00 am
    GPs look for ‘sweet spot’ on co-investment disclosures by Nicholas Donato in Private Funds Management Part of the SEC’s thinking is that co-investments are being used as marketing tools – so some investor protection is needed to ensure that promises made during fundraising are being fulfilled. Inspectors apparently want to see that every prospective LP is given a heads-up that co-investments are part of the GP’s repertoire – and, ultimately, is given the chance to take part in these deals. The Clearest Trend in the American Workforce Is Not an Encouraging One by Andrew…
  • Proposed Regulations on Customer Due Diligence Requirements

    Doug Cornelius
    14 Aug 2014 | 5:00 am
    The U.S. Treasury Department’s Financial Crimes Enforcement Network has proposed revisions to its customer due diligence rules. Of course, the proposed rule would affect financial institutions that are currently subject to FinCEN’s customer identification program requirement: banks, brokers-dealers, and mutual funds. However, FinCEN suggested that it may be considering expanding these customer due diligence requirements to other types of financial institutions. FinCEN names money services business, casinos and insurance companies. Investment advisers and private fund managers are not…
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    Texas Wills and Trusts Law Online

  • Growing Number of Americans Choosing Cremation

    Rania Combs
    13 Aug 2014 | 9:00 am
    If you have decided to be cremated when you die, you’re one of a growing number of Americans making that choice. I came across an interesting infographic today titled Ashes to Ashes, which illustrates how cremation has increased in popularity, the average cost of cremation, and the states with the highest cremation rates. The infographic also illustrates where cremains can be scattered, and some odd things some people have done with cremains, such as making vinyl records, teddy bears, and stained glass windows. Check it out below:
  • Don’t Keep Your Heirs in the Dark

    Rania Combs
    6 Aug 2014 | 7:00 am
    If you or someone you know has been a beneficiary of an estate, you may have have been exposed to the frustration and disagreements that can occur when details of an estate plan are kept secret until a parent dies. The frustration may have resulted from an unequal distribution of the estate, or a large asset, like a family home, passing in an unexpected way. Additionally, there was likely to have been more dissatisfaction if the beneficiary was part of a blended family. According to a recent USB Investor Watch Report, about half of beneficiaries in blended families report dissatisfaction with…
  • Wacky Will Wednesday: Wills That Make You Go “Hmmm…” — Rona Scroratow

    Rania Combs
    30 Jul 2014 | 7:00 am
    NB: This post is part of a series highlighting wills that contain some interesting, and sometimes bizarre, bequests and stipulations. You can see all these posts here The great thing about having a Will is that it gives you the power to decide how your property will be distributed when you die. For example, if you are married, you may direct that all your assets should pass to your spouse. If you have children, you’d likely want to make provisions for them. Some people even make provisions for their furry family members or bequests to various charities that they support. But what if…
  • How Can I Protect an Inherited IRA from Creditors?

    Rania Combs
    21 Jul 2014 | 7:00 am
    If you’re like most Americans, one of your largest assets is your Individual Retirement Account (“IRA”). Your IRA is considered a “retirement fund” and the money it contains is  protected from creditors who seek to recover debts in bankruptcy. An owner of an IRA can pass it down to a beneficiary when he or she dies by making a proper beneficiary designation. If the beneficiary is a surviving spouse, the IRA can be rolled over into the surviving spouse’s IRA and can remain protected. But what happens if the spouse doesn’t roll the assets into his or her own IRA, or if someone…
  • Living Trust Scams

    Rania Combs
    11 Jul 2014 | 7:00 am
    Many of us have seen advertisements touting the benefits of a living trust. Salespersons who promote living trusts claim they can reduce taxes, protect assets from creditors, and reduce the time and expense of probate, seemingly suggesting that other forms of estate planning cannot achieve those goals. According to the State Bar of Texas, sales of living trusts are a growing area of consumer fraud perpetuated by various myths.  Among them are: MYTH: Living Trusts Save Taxes. FACT: In 2014, only estates worth more than $5.34 million will subject to federal estate taxes. That means that the…
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  • We’re Not Digital Marketers, We Market In a Digital World

    Dave Wieneke
    19 Aug 2014 | 8:46 pm
    Live from Boston – I’m posting just some of the highlights from the first day of Scott Brinker’s Marketing Tech Conference. Six and a half years ago, Scott Brinker started a blog about the intersection of marketing and technology. His idea grew from an early profound insight that for digital marketing to thrive, it will have to develop its own “layer of software”, or as he’d say it, “turn marketing into software. This was nearly three years before Marc Andreessen famously came to a similar conclusion about business overall. Nobody is quicker, kinder, or better able…
  • Hapless Airport Advertising Reaches New Heights with Boston’s Convention and Visitors Bureau

    Dave Wieneke
    1 Aug 2014 | 12:12 pm
    I’m having a hard time getting past the non sequitur which is at the heart of a bad ad in Boston’s Logan Airport presented by the Greater Boston Convention and Visitors Bureau. Summer Selects…BostonWhat does this even mean? Did Summer select Boston like the GOP selected Cleveland, or like the Olympics will select any city other than Boston if they’re rational? And talking about the time of year before getting to the real message just feels like tactic more suitable for a PTA newsletter than a display ad. Look how long its taking us to get to the point of this ad. You…
  • Tantrum Over Irrelevant Facebook Research Reveals Gaping Digital Naivety

    Dave Wieneke
    3 Jul 2014 | 9:33 am
    Better controversial than inconsequential?The media tantrum complex — those who fill continuous air time with breaking news and acrimony have no incentive to point out that the findings of Facebook’s controversial research are all but meaningless. Facebook too has a sort of perverse incentive to encourage hand wringing over the power of their newsfeed, even though the actual published results suggest its impact is at best a rounding error.  Histrionic headlines, such as Atlantic Monthly’s  “Facebook’s Secret Mood Manipulation Experiment” inflate routine…
  • Supreme Court Sides with Individual Rights on Harris v. Quinn and Hobby Lobby

    Dave Wieneke
    30 Jun 2014 | 9:13 am
    The effect of some Supreme Court rulings is immediate and clear, at least initially. Last week, the Court’s Aereo ruling brought a quick end to that service, which I’ve been a fan of here on these pages. Another ruling took routine cell phone searches out of the hands of local law enforcement, and perhaps from customs agents in the future as well. But the effects of today’s rulings against unions in Harris v. Quinn and for small firms with owners opposed to parts of the Affordable Care Mandate on moral grounds is anything but quick clear. Though the direction shared by both…
  • Free Webinar: Digital Personalization – Tues. June 10 w/ ISITE Design

    Dave Wieneke
    8 Jun 2014 | 6:59 am
    You’re invited to a free briefing by members of the ISITE Design team who are helping clients create more effective personalized clients across digital channels. ISITE’s Amanda Bernard will offer a down-to-earth framework and approach to begin personalization, including three foundational keys of personalization readiness:          Customer insight          Content strategy          Data and optimization Guest speakers include Barbara Holmes, Director of User Experience, and Derek Phillips, Content Strategy Practice Lead of ISITE Design. Please register…
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    Legally India - News for Lawyers

  • Delhi HC lays down law on Vodafone-type tax structures: 50% is threshold for substantial Indian assets

    21 Aug 2014 | 8:35 am
    A Delhi high court judgment has ruled against the Income Tax Department but in effect upped the pressure on other Mauritius or overseas-based tax avoidance structures. Share sales of companies incorporated overseas, which derived less than 50 per cent assets of their value from Indian assets, would definitely not be taxable for capital gains, held the court. This could leave the door open for the tax department to argue that under the retrospective tax law passed in 2012 following the Supreme Court’s Vodafone judgment, any foreign holding company’s capital gains, where more than 50 per…
  • SC tweaks its new Rules: Ends A4 dictatorship, to record not just seniors and 1 junior

    21 Aug 2014 | 4:09 am
    The Supreme Court has reversed two minor amendments in its Supreme Court Rules 2013: A4 won’t be the sole paper format accepted, and that all lawyers’ attendance should be recorded by the court master instead of just seniors and one of their juniors. The Supreme Court Bar Association (SCBA) has unsuccessfully tried to convince the Supreme Court to stay the operation of the new rules, but practical concerns seemed to have convinced the court to at least amend one of the new rules slightly. In a notification today, the court stated: 1. The provisions of Order XV (Petitions Generally) of the…
  • Breaking: NLU Delhi registrar becomes NLUO’s 4th VC in 5 years

    21 Aug 2014 | 2:47 am
    NLU Delhi registrar Prof Srikrishna Deva Rao will be appointed as NLUO Cuttack’s vice chancellor (VC).
  • 7 new Delhi senior counsel: Vaish head Ajay Vohra + 6 others

    21 Aug 2014 | 1:34 am
    The Delhi high court yesterday designated seven lawyers to senior counsel, reported Bar & Bench. The new designates are, according to Bar & Bench: Vaish Associates managing partner Ajay Vohra, Sachin Dutta (Delhi University graduate), Vinay Garg (enrolled 1990) C Harishankar (indirect tax and service lawyer enrolled in 1993), Manoj Ohri (criminal and service lawyer since 1995), Sanjeev Sabharwal (corporate commercial and income tax counsel), and Ravi Sikri (practising for more than 20 years Vohra said that he would be going independent and the firm would adapt its constitution.
  • News wrap: Governor writs NaMo | Court bails 2G Raja | SC 2 - SCBA 0 | Faizan wins | more...

    21 Aug 2014 | 12:58 am
    Governor files petition against NaMo for pushing out governors: Uttarakhand Governor Aziz Qureshi has filed a writ under Articles 155 and 156(1) of the Constitution against Narendra Modi and his government for pushing him (and other governors) out of their constitutional positions. He will be arguing before a three-judge bench, headed by Chief Justice of India (CJI) RM Lodha, that he could only be sacked by the president and with valid cause because a governor is not an employee of the Union government. [Indian Express] CBI court grants A Raja, business bigwigs bail in 2G-Kalaignar TV case: A…
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    Associate's Mind

  • The Great Conversation: Brunelleschi, Failure, and Invention of the Renaissance

    David L. Smith
    18 Aug 2014 | 12:01 pm
    Keith has talked a lot in this blog about the difficulties in establishing oneself in practice coming out of law school, the insecurity and/or feeling of failure that young lawyers experience, the dedication and ethic(s) required to succeed, etc. Recently, and from this angle, I’ve been thinking about a historical anecdote (the subject of this post) and how it might relate to you, not only in law but also in life. It’s a story about naive confidence, great expectations, competition, humiliation, retreat, re-engagement, and rebirth. It’s a story that every human can…
  • 4-Year Blogiversary

    Keith Lee
    18 Aug 2014 | 11:57 am
    It’s been all quiet on the Western Front here the past month due to being too busy with work and other projects to keep updating, though I have still been writing my weekly column at Above The Law. But things have started to quiet down and we’ll now return to regular posting. Also of note, it’s been 4 years since I started Associate’s Mind back in 2010. Wild to think how long I’ve been at it. While it was a bit of a crazy idea at the time, starting Associate’s Mind has been of the best things I’ve ever done. It has led to numerous opportunities and…
  • What Did One Math Book Say To The Other?

    Keith Lee
    17 Jul 2014 | 7:31 am
    Law schools have traditionally done one thing with their students: taught them to “think like lawyers.” Through the Socratic method and study of case law, students are given the tools to analyze and understand the law. But as we all know, it doesn’t exactly prepare to students to practice as lawyers. But it’s also worth pointing out that law students come at their understanding of the law from the backend. Here is what a judge decided was the law in this particular situation. But that is not where things start. Things start when a client walks through your door, sits…
  • The Secret Ambition of Every Brief

    Keith Lee
    9 Jul 2014 | 11:18 am
    While researching something completely unrelated, I came upon a brief article by Justice Maria Rivera (First District Court of Appeal, Div. 4, CA) regarding writing briefs for appeals entitled: The Ten Commandments of Brief Writing. Before delving into the “Ten Commandments”, Justice Rivera leads off with the following quote from Mortimer Levitan from the article, “Confidential Chat on the Craft of Briefing.” Journal of Appellate Practice and Process, Vol. 4, No. 1 (Spring 2002): The secret ambition of every brief should be to spare the judge the necessity of engaging in any work,…
  • No Navigator, No Parachute, No Problem: Flying Solo – June 2014

    Florida Esq
    1 Jul 2014 | 10:19 am
    So, it’s the big six-month anniversary.  How are things looking now versus back in January? Find out after seeing the numbers for June Clients Referral from other attorneys: 7 Found me online: 2 Referral from area businesses: 1 Came to see me after speaking engagement: 1 Bumped into someone and gave them a business card: 2 Already knew me: 1 Total clients: 14 Expenses Advertising (new rack cards, bar association directory and magazine ad): $487 Office supplies (including payments to business credit cards & new phone charges): $671 Rent: $550 Lawyer Referral Service referral fee: $150…
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    Dangerous Drugs & Medical Devices

  • Benicar linked to severe gastrointestinal disease

    Jared Fink
    18 Aug 2014 | 5:32 pm
    In January, 2013, an article by Stephanie E. Dreifuss and a team from University of Pittsburgh published an article in Case Reports in Gastrointestonal Medicine titled “Spruelike enteropathy associated with olmesartan: an unusual case of severe diarrhea.”.  There, the connection between the high blood pressure drug Benicar (olmesartan) and sprue like enteropathy was again made clear. In their paper, the team describes the case of a “64-year-old male with a history of hypertension [who] presented with worsening diarrhea and 25-pound weight loss over the preceding three months.”…
  • 2014 – Birth defects risk increased 250% with Depacon / Depakene / Depakote

    Jared Fink
    8 Aug 2014 | 2:22 pm
    In recent years, dozens of studies have been published illustrating an increased risk for birth defects linked to antiepileptic drugs containing sodium valproate such as Depacon, Depakene, and Depakote.  While these drugs are effective in the mitigation of seizures, the risks posed to developing babies cannot go overlooked.  Here, I will summarize one such study by G. Veiby et al., first appearing in the March, 2014 edition of Journal of Neurology.  This study was titled “Fetal growth restriction and birth defects with newer and older antiepileptic drugs during pregnancy.” and comes…
  • SSRIs linked to “abnormal development” of fetus

    Jared Fink
    8 Aug 2014 | 1:47 pm
    In 2012, C.M. Nijenhuis and a team from University of Groningen (Groningen, The Netherlands) published a study titled “Disturbed development of the enteric nervous system after in utero exposure of selective serotonin re-uptake inhibitors and tricyclic antidepressants. Part 1: Literature review.” in British Journal of Clinical Pharmacology.  There, the link between gestational exposure to selective serotonin reuptake inhibitor drugs (SSRIs) and poor birth outcomes was further explored. The team states “The increase in selective serotonin re-uptake inhibitor (SSRI) use during pregnancy,…
  • 2009 – Preterm birth again linked to SSRI exposure before birth

    Jared Fink
    8 Aug 2014 | 11:07 am
    Recently, I found an article titled “Risk of preterm delivery and other adverse perinatal outcomes in relation to maternal use of psychotropic medications during pregnancy.” that originally appeared in the December 2009 edition of American Journal of Obstetrics and Gynecology.  Published by R. Calderon-Margalit and a team from The University of Washington School of Public Health and Community Medicine (Seattle, WA), this article further explored the link between exposure to selective serotonin reuptake inhibitor drugs (SSRIs) and poor birth outcomes. The team’s stated objective was…
  • Risk for birth defects 47% higher with prenatal exposure to Depacon, Depakene, or Depakote

    Jared Fink
    8 Aug 2014 | 8:24 am
    In January of last year, a team of researchers led by E. Campbell published an article in Epilepsia titled “Recurrence risk of congenital malformations in infants exposed to antiepileptic drugs in utero.”, marking yet another piece of professional research illustrating the risks of prenatal exposure to drugs containing sodium valproate such as Depacon, Depakene, and Depakote. This team from Belfast (United Kingdom) states plainly at the outset of their abstract that “Use of antiepileptic drugs in pregnancy is associated with congenital malformations and developmental delay. Previous…
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  • Your Personal Relationships with Clients Probably Aren’t As Strong As You Think

    Sam Glover
    21 Aug 2014 | 4:12 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…
  • How Lawyers Get into Trouble with Technology

    James W. Gayton & Greg Tolbert
    20 Aug 2014 | 4:12 am
    “Tool or Trap?” was originally published in the July/August edition of NW Lawyer. It is republished here with permission. When it comes to using technology, it appears that common sense is a lot like Bigfoot. You hear people talk about it, but you don’t invest your own money looking for proof. The legal profession and the practice of law — like many other professions and businesses — are undergoing profound transformative changes driven, in large measure, by rapid technology changes. Most lawyers will be impacted, including large multi-office firms who face greater…
  • Should Law Firms Focus on Social Media or Search Engine Marketing?

    Gyi Tsakalakis
    19 Aug 2014 | 4:12 am
    It is difficult to respond to legal marketing questions with a simple answer. For instance, what source of referral traffic should you care about most, social media or search engines? Lexblog’s Kevin O’Keefe addresses this question on his own blog. Who would have thought even a couple years ago that social media may be as important as Google in drawing traffic to your law blog. After all, eight or nine years ago we said BLOG stood for “Better Listing On Google.” There is no question that the explosive use of social media has increased traffic. Regularly, I review analytics…
  • This Week in Law: A Hero Named Kevin Bacon

    Sam Glover
    15 Aug 2014 | 8:39 pm
    This week I was on This Week in Law with Ali Sternberg to talk about copyright, robot lawyers, Star Lord’s “Awesome Mix Vol. 1″ from Guardians of the Galaxy, trolls, and much more. Watch Episode 271 of TWiL here: (Yes, my mic was terrible. If I do something like this again, I promise to get a better one.)
  • The Myth of More Time for Billing

    Sam Glover
    15 Aug 2014 | 4:12 am
    As a lawyer, time is your most-valuable asset whether you spend it billing time or completing flat-fee tasks. So it makes sense to free up as much of your time for doing more billing, right? Well, it depends. Freeing Up Time The usual way to “free up” time is to hire someone. At some point, every lawyer starts to feel swamped, which leads them to consider hiring someone to free up time for lawyering so they can bring in more money, which will more than cover the employee’s or independent contractor’s paycheck. Except it does not usually work out that way. Hiring your…
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    New York Personal Injury Law Blog

  • Cops in Tanks vs. Cops on Bikes

    Eric Turkewitz
    15 Aug 2014 | 10:39 am
    The juxtaposition of the pictures couldn’t be more stark.  Out in Ferguson, Missouri, in the wake of  an unarmed teen being shot dead by a cop, we see a militarized police force racing in to use all their toys of crowd control: Tear gas, rubber bullets, armored personnel carriers and, of course, the military-style uniforms with riot armor. Everything about it screams, “Stay the hell away from us.” And the other picture is one I noted on the Gothamist a couple weeks back: A cop on a bike. The article is ostensibly about being caught riding on the sidewalk, but that…
  • More Motions to Dismiss Against Dr. Michael Katz

    Eric Turkewitz
    31 Jul 2014 | 11:16 am
    Justice Hart’s opinion of Dr. Katz. Your familiarity with the defamation suit against me by Dr. Michael Katz will be presumed. Very briefly, he’s the guy that sued me because Justice Duane Hart called him a liar about 25 times and I reported it. He can’t sue the judge, so he figured he would sue me. I’ve moved to dismiss and have him sanctioned for his frivolous suit, frivolous conduct, and making an improper demand for $200 million. My co-defendants have now also made motions to dismiss. Samson Freundlich did a “me too” motion (Affid –…
  • Motion to Dismiss/Sanction Against Dr. Michael Katz

    Eric Turkewitz
    17 Jul 2014 | 10:57 am
    This is what Justice Duane Hart thinks of Dr. Michael Katz Remember how I reported that I’d been sued again for defamation? Justice Duane Hart in Queens had ripped Dr. Michael Katz a new one in open court for acting like Pinocchio. And the good doctor, not being able to sue the judge for calling him a “liar” about 25 times or so, figured he would sue me instead for reporting it. (Shooting the Messenger (I’ve Been Sued Again)) Both Scott Greenfield (Turkewitz Sued By “Liar” Doctor, Michael Katz) and Marc Randazza (Judge Admonishes Expert Witness – Expert Witness Sues…
  • Dolphins and Lawyers and Baja

    Eric Turkewitz
    16 Jul 2014 | 4:35 am
    Not me. And not from the place we went. Is there a relationship between swimming with dolphins and lawyering? Why, yes there is, and thank you for asking. Let me start by saying that this is all about business and keeping the customer happy. Since lawyers are in a service business, the same concept holds true for a law firm as a company that allows you to swim with a dolphin: It isn’t enough that the customer/client be satisfied while the service is being provided, but most importantly, when they walk through your door for the last time. So last week I took the family down to Cabo San…
  • Power to the People (A Declaration of Independence)

    Eric Turkewitz
    2 Jul 2014 | 8:54 am
    John Trumbull’s famous painting of the Declaration’s presentation hangs today in the Capitol Rotunda. It is owned by the citizenry of the United States. Today is July 2nd. On this date in 1776 the Continental Congress voted to declare its independence from Great Britain and a new nation was born. John Adams thought that the 2nd of July would be “solemnized with Pomp and Parade, with Shows, Games, Sports, Guns, Bells, Bonfires, and Illuminations from one End of this Continent to the other from this Time forward forever more.” The Declaration of Independence was formally…
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    The Probate Lawyer Blog: Famous Fortune Fights!

  • Celebrity Legacies: The Anna Nicole Smith Estate Battle

    Danielle & Andy
    20 Aug 2014 | 9:08 am
    So how long exactly does it take to resolve the dispute over the estate of an 89-year old Texas oil tycoon who married a 26-year old stripper and Playboy Playmate?  Shouldn't the case end when both the stripper (Anna Nicole Smith) and her "step-son" (Pierce Marshall, who was 27 years older than she was) die?  And is this really important enough to be heard by the United States Supreme Court, not once, but twice? This is installment #3 of our weekly Estate Planning Lessons From The Stars series, which is based on the Celebrity Legacies TV show for which we provide commentary as the estate…
  • Will Robin Williams' Estate Be Broke?

    Danielle & Andy
    15 Aug 2014 | 10:33 am
    The initial shock of Robin Williams’ tragic death, apparently from hanging himself, is giving way to reflections of his memory and legacy. Another question many people are asking is what happens next for his family and his estate. He was survived by his third wife, Susan Schneider, to whom he was married for three years, and three adult children from his prior two marriages, whose ages range from 22 to 31. There is a realistic fear that Williams’ death left may have left them in financial distress.   In an interview with Parade Magazine in 2013, Williams lamented how he was required to…
  • Jim Morrison's Estate And Legacy Marred By Probate Fights

    Danielle & Andy
    13 Aug 2014 | 6:42 am
    Who opened the door to battles over the Jim Morrison Estate?  Who won ... and what did they win when the dust settled?  And does drinking your loved one's blood constitute a valid marriage ceremony? This is installment #2 of our weekly 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.   Legendary Doors singer Jim Morrison died young at just 27 years of age, in 1971, from a heroin overdose. While his estate had limited cash when Morrison died,…
  • Celebrity Legacies TV Show Premieres With James Gandolfini

    Danielle & Andy
    10 Aug 2014 | 12:03 pm
    We all know about the estates of Michael Jackson and Anna Nicole Smith, right?  But what about Elizabeth Taylor, John Lennon, Marilyn Monroe, Heath Ledger, Elvis Presley, and John F. Kennedy, Jr.?  Last week, the Reelz Channel premiered a new television series called Celebrity Legacies.   The documentary series explores a different celebrity each week, discussing their legacies, estates, and what they left behind: Feuding heirs? Mounting debt?  Or a golden legacy glittered with fame and fortune?  The premiere episode delved into James Gandolfini.  The late Soprano’s star died…
  • Why Philip Seymour Hoffman Should Have Been Able To "Trust"

    Danielle & Andy
    30 Jul 2014 | 1:06 pm
    He may have been a brilliant actor, but Philip Seymour Hoffman had much to learn when it came to estate planning. Reports surfaced last week that the former Oscar winner said he didn't want his three children to be "trust funds kids."  He turned down the advice of his attorney and accountant, both of whom advised him to create a trust. Instead, he felt their mother -- and his longtime girlfriend -- would take care of his children. He viewed Mimi O'Donnell much like a wife, although he did not believe in marriage. Mr. Hoffman's $34 million estate faces a huge estate tax bill and other…
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  • An Afternoon With Sharp Cheddar

    30 Jul 2014 | 8:22 am
    During an afternoon out with Sharp Cheddar (for an understanding of who Sharp Cheddar is, read this first), who is now a precocious 8 years old, the following conversation occurred: Me: How ’bout we go to 5 Guys Burgers and Fries? Sharp Cheddar (SC): That sounds like a place where fat people eat. Me: What? SC: It sounds like a place where fat people go to eat. Me: Where do you get this from? SC: It just sounds that way. Me: But how do you get that from 5 Gu… SC: That’s just how it sounds. Me: Well, they have really good burgers. SC: So, I’m right that fat people go…
  • Azimuth Check: Lawyer or Lawyer*

    28 Jul 2014 | 10:22 am
    It’s been a while. I know. Such is life when you are maintaining a practice whilst packing house and home and moving to a new place. At one point, I decided to abandon Unwashed Advocate. I do this once a year, mostly during summer months. This decision is celebrated by me. It sure feels good to tell your blawg to go to hell. Then, I return. After writing brief after brief, appeal after appeal, it is nice to write something that contains your voice. Here, I don’t worry about using passive voice or botching citations. That’s nice. So, what’ve I been thinking of this…
  • Why not Colby?

    14 May 2014 | 7:41 am
    This is not about what we practice. It is about where we practice. Though, the two are often inextricably intertwined. Yesterday, I enjoyed making fun of North Dakota with a few friends. I like this because, while I’m also from a sparsely populated state, I can always revel in the fact that folks in ND will always have it worse than me. Statistical Tidbit: North Dakota population: 699,628. Kansas population: 2.886 million. Number of votes for Mark Bennett in his bid as a Libertarian for a seat on the Texas Court of Criminal Appeals: 1.326 million. This got me thinking about where…
  • Eastbound and Down

    6 May 2014 | 8:03 am
    In preparation for a move east at the end of the month, I told #63 that he’d be operating the blocking vehicle while I transport “the goods” in the “rig.” I followed-up by telling him that his call sign would be “Bandit,” and I’d be “Snowman.” I laughed. His vacant expression told me that all references were completely lost on him. I quit. Though, just for good measure and for my own amusement, I may pack a case or two of Coors.
  • So, you want your kid to go to a top college?

    6 May 2014 | 7:35 am
    Well, aren’t you special? You polluted the earth with your offspring, and now you want to show everyone how special your little air thief is by sending them to a first-tier school. How capital of you. I know. I’m cruel. However, as it applies to the above paragraph, it takes one to know one. I am one. So, I know ones when I see ones. This is obviously not going to be a law-related post. It is a post for those of you who envision your child(ren) going to a fancy-schmancy top national university (per the intrepid folks at US News). For the last year or so, I’ve lived this…
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    Planning Notes

  • What is a Family Limited Partnership?

    30 Jul 2014 | 10:52 am
    A family limited partnership, or FLP, can allow a taxpayer to leverage two federal tax devices in conjunction with a technique known as “discounting” in order to reduce the amount of federal tax imposed at the time of that person’s death. Tax Devices Federal tax laws impose a tax, called the Estate & Gift Tax, upon a person’s right to give his/her property to others, without compensation, while that person is alive or after that person’s death. Fortunately, however, two federal tax devices can reduce the amount of the Estate & Gift Tax: the so-called…
  • The Aereo Decision & Cloud Computing

    27 Jun 2014 | 10:42 am
    In American Broadcasting Companies, Inc. v. Aereo, Inc. the U.S. Supreme Court recently held that Aereo's service, which converts and subsequently (re)transmits over-the-air television broadcasts in near real time to Aereo's customers via the internet, effectively constitutes "transmitting performances of copyrighted works to the public", which in turn requires Aereo to pay over-the-air broadcasters a fee for doing so, pursuant to the Copyright Act. Although the ruling may seem fairly limited, and according to the text of the decision the ruling is indeed fairly limited, various commentators…
  • Congressional Committee Approves Permanent Bonus Depreciation & Charity Bills

    30 May 2014 | 10:03 am
    Bloomberg BNA on proposed permanent extension of bonus depreciation: The House Ways and Means Committee approved legislation to make bonus depreciation permanent, as well as a number of tax measures related to charitable giving. The depreciation measure (H.R. 4718) advanced after a vote of 23-11, one in a series of party-line votes as Republicans and Democrats on the panel tussled over whether the forgone revenue from tax expenditures should be recovered elsewhere in the budget—a position House Democrats have staked in the drawn-out argument over a number of tax provision extensions. If…
  • Substantial Presence Test & Closer Connection Exception

    28 Apr 2014 | 11:59 am
    Many inhabitants of the northern United States or Canada seek respite from colder climates by living part of the year in warmer climates of states in the southern United States, particularly Florida and Arizona. While these people are commonly referred to as "snowbirds" in the warmer states they call home during winter, the Internal Revenue Service I.R.S. has another, seemingly less friendly, name for those non-U.S. citizens who do so: aliens. According to the I.R.S., an alien is "an individual who is not a U.S. citizen or U.S. national (a person who owes his/her sole allegiance to the United…
  • IRS: Bitcoin is Property, Not Currency

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

  • Fashion Law (Podcast): Did Designer Gavin Rajah Infringe One of Zuhair Murad’s Designs?

    19 Aug 2014 | 3:42 am
    Hey folks, this is a recent Podcast episode on my other platform, Ladybrille, that I believe might interest you all. Take a listen. Cheers, Uduak Did Fashion Designer Gavin Rajah Infringe on the Design of Zuhair Murad? A few weeks ago, Gavin Rajah a renowned South African fashion designer was accused of copying international designer Zuhair Murad’s design from his Spring/ by a popular South African fashion blogger. The story went viral and even hit international shores. Gavin grants this exclusive interview on the Ladybrille WOMAN Podcast to discuss the issue and the business of…
  • Very SAD News: Robin Williams Dead at 63, Allegedly Commits Suicide

    11 Aug 2014 | 5:42 pm
    This is truly very very sad news folks.  My condolences to his friends and family. He made such an impact in the lives of many, worldwide. -Uduak “Robin Williams has committed suicide.The Oscar-winning actor/comedian killed himself in Tiburon, in Northern California.   His people tell us he’s been recently battling severe depression.  According to the Marin County Sheriff’s Office … authorities found Williams’ body inside his home.  They say he was found unresponsive.He was unconscious and not breathing and the coroner suspects suicide due to…
  • Ladybrille WOMAN Podcast Episode 001: Fashion Entrepreneur & Engineer ELFONNIE INOKON ANUSIONWU #Fashionlaw

    7 Aug 2014 | 8:48 am
    Top of the day to you all. I am happy to share Episode 1 of the Ladybrille Woman Podcast show with my readers. Future episodes will include discussions on Fashion Law as well; and I look forward to inviting some of our fashion industry people and legal colleagues on, in the future. So, if you are not already subscribed, feel free to hop on over and do so. The show is also on iTunes and Stitcher Radio. Episode 1 features Ladybrille Woman of the Month for July 2014 Elfonnie INOKO Anusionwu. She is an engineer and fashion entrepreneur. Cheers, Uduak Listen to the LADYBRILLE…
  • Fashion Law Institute & LEVI’s Team Up for Inaugural WEST COAST Fashion Law Boot Camp Program

    6 Aug 2014 | 11:57 am
    Upon the invitation of my fashion law colleague Susan Scafidi, who operates the Fashion Law Institute program at Fordham Law School, I had the privilege to speak to the inaugural 2014 Fashion Law Boot Camp West Coast class. My presentation/discussion was along side a few highly respected fashion law colleagues in the industry, and I enjoyed every minute of it. I focused my discussions on the Right of Publicity and its intersection with Intellectual Property Rights and First Amendment issues, among others. I also addressed the fluid and dynamic issues brought on by the advent of social media…
  • Best Wishes for Success on The Bar Exam Next Week! #Fashionlaw

    25 Jul 2014 | 7:37 am
    Hey readers! I know a handful of you are studying for the bar exams and prepare to take them next week. Here is to success on the bar! MY TIP? Stay confident. BELIEVE. Write in a confident tone, as if you were already one of us, because needless to say, you ARE. Exercise, sleep well, eat right all three days. See you on the other side and God bless. My warmest regards, Cheers, Uduak
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    Law and Daily Life

  • 5 Reasons to Keep Baby Pics off Facebook

    Daniel Taylor, Esq.
    21 Aug 2014 | 11:36 am
    With the seeming ubiquity of Facebook sharing and the proliferation of high-quality mobile phone cameras, it's easier than ever for parents to flood the Internet with pictures of their babies. But an increasing number of parents are opting for a Facebook blackout when it comes to photos of their kids, reports The Associated Press. Why are more and more parents choosing not to chronicle their young children's lives on Facebook? Here are five reasons (including a few legal ones) that you may want to keep baby pics off Facebook: Your baby pictures could be used/viewed as child pornography.
  • Del.'s New Digital Estate Law Allows Account Access After Death

    Brett Snider, Esq.
    21 Aug 2014 | 7:20 am
    Delaware is pushing estate planning into the digital sphere with a new law that allows loved ones to access online accounts after a person's death. The Fiduciary Access to Digital Assets and Digital Accounts Act (HB 345) was signed into law by Delaware Gov. Jack Markell last week, broadening digital access for legal heirs. In a press release from the Delaware House Democrats, the bill was described as the "first comprehensive state statute dealing with the disposition of a decedent's digital assets in the nation." But what will the law actually allow for digital estates after death? Formal…
  • Transit Fare Evasion: Legally, What Can Happen?

    Daniel Taylor, Esq.
    20 Aug 2014 | 1:38 pm
    It may seem like an easy way to save a couple of bucks: jumping the turnstile to get a free ride on the subway, or sneaking through the back doors of a city bus or streetcar. But cities are beginning to crack down on transit fare evasion. In New York City, for example, fare-beating arrests -- as opposed to the less-serious ticket for fare evasion -- jumped 69 percent between 2008 to 2013, and they are on pace to increase even more this year, reports the New York Daily News. More than 37,000 of fare-evasion arrests in NYC have resulted in incarceration. What can happen if you get cited for…
  • 3 Back-to-School Child Custody Tips for Parents

    Brett Snider, Esq.
    20 Aug 2014 | 7:49 am
    Back-to-school time can be a powder keg for divorced or divorcing parents, especially when it comes to dealing with child custody. While "divorce season" kicks off on New Years Day, as two divorce-mediation experts write for The Huffington Post, divorcing or divorced couples with children will test their mettle when summer ends and the school year begins. Meeting with teachers may take a back seat to battling with your ex about taking your kids to school. Help yourself, and your children, by avoiding unnecessary conflict and remembering to update your child custody arrangements. If you…
  • Can You Go on Vacation While Collecting Unemployment?

    Daniel Taylor, Esq.
    19 Aug 2014 | 11:45 am
    Filing for government unemployment insurance benefits can be a life saver when you lose your job and need to pay bills while you look for another one. But while collecting unemployment, are you allowed to go on vacation? In exchange for unemployment benefits, you are bound to follow certain rules regarding what you need to do -- which typically includes looking for a new job -- as well as rules about what you shouldn't do, such as failing to report any earned income other than unemployment benefits.So what about leaving town for a little rest and relaxation? Here are some general…
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    But I do have a law degree...

  • Robin

    But I Do Have a Law Degree
    12 Aug 2014 | 12:06 pm
    I write this blog so people out there will read it, obviously.  But I also write this blog for myself - because it chronicles my life.  It's something that I, and my kids, can someday look back on.  So let me memorialize that yesterday, Robin Williams died.  And I am seriously sad about it.  I can't figure out why.  It's not that I'm a huge Robin Williams fan.  I like his movies, but I haven't seen them all.  But generally, I would say that I definitely like him.  I mean, what's not to like?  He seems like a genuine, nice guy.  And…
  • Redemption and Envy

    But I Do Have a Law Degree
    8 Aug 2014 | 8:11 am
    When I was 18 weeks pregnant with my first baby, as I walked out of an OB appointment an elderly woman stopped me. Congratulations, she said.  That was the best part of my life.  I thanked her and went on my merry way.  This wasn't entirely out of the ordinary - pregnant women get random comments from strangers all the time.  But for some reason, this comment has haunted me. First and foremost, people don't normally say that pregnancy is the best part of their life.  In many ways, it's a miserable means to an end.  I know there are those women that "love"…
  • A Hangover, An Epipen, and a Parasite, Oh My!

    But I Do Have a Law Degree
    28 Jul 2014 | 6:45 am
    Some days are long.  Very long. Some days are boring. Some days are fun and free. Some days are a mixture of all of the above. And then some days are absolutely killer. Like yesterday. The following happened: 1) I woke up with a pounding head ache.  This was self inflicted, as I went to the Billy Joel concert the night before and drank one too many beers.  (Note to self - when drinking at a concert, always buy a bottle of water.  No water = pounding head ache). 2) I also woke up with a sore throat.  The family's summer cold has officially hit me. 3) With pounding head…
  • My Everything

    But I Do Have a Law Degree
    18 Jul 2014 | 7:53 am
    I was 19 when I first felt the lump on my left breast.  I was young then.  I didn't worry about hardly anything, and I didn't worry about the lump.  I asked my doctor about it during a check up.  He felt it and told me it was "probably fine."  Life went on.  The lump remained. After I had my first son, ten years later, I remember consciously feeling for the lump and realizing it was gone.  I wasn't quite sure when it had disappeared but I remember feeling relief.  Being 29, I wasn't as carefree as I had been in my late teens.  I still felt somewhat…
  • Head on Over...

    But I Do Have a Law Degree
    14 Jul 2014 | 10:26 am
    To the Ms. JD website today (click here).  There's an interview of yours truly! Happy Monday!
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    NB Law

  • After Incidents, Cook Medical Recalls Vascular Retrieval Devices

    Larry Nagelberg
    21 Aug 2014 | 1:14 pm
    Recently, the Food and Drug Administration reported that certain devices were recalled after they were linked to six incidents. The official recall announcement has indicated that several units of the CloverSnare™ 4-Loop Vascular Retrieval Snare devices were equipped with certain parts that may come detached while in use, which could lead to a failure to deliver the expected medical results. According to the Food and Drug Administration, the loop in these devices may come detached from the snare’s shaft, which […]Related Posts:Fitness Anywhere Recalls Suspension Trainer…
  • Jaguar Recalls Vehicles Over Labels Carrying Incorrect Information

    Larry Nagelberg
    20 Aug 2014 | 4:50 pm
    According to the National Highway Traffic Safety Administration, the 2013 through 2015 XK, XKR and XKR-S vehicles that were manufactured by Jaguar Land Rover between August 24, 2012 and June 10, 2014 are now being recalled over a possible crash risk. The affected vehicles were equipped with tire placards that may offer incorrect information regarding tire inflation pressure for the spare wheel. According to the official announcement, without correct information, the driver may not be aware of the proper inflation […]Related Posts:Airstream Recalls Certain Trailers Over Incorrect…
  • FDA Announces Recall of Dialysis Solution

    Larry Nagelberg
    18 Aug 2014 | 4:38 pm
    Too often, potentially hazardous drugs are only recalled because patients are affected directly before an official investigation is launched. According to the Food and Drug Administration, the latest drug recall is associated with certain dialysis solutions that may have been produced in a way that has caused the vials to contain certain garment fiber, oxidized stainless steel and PVD particulates that could pose a threat to the health of the patient. Since the possible particulate may cause a local inflammation […]Related Posts:NHTSA Announces BMW, Porsche RecallCar Safety Recall…
  • Thousands Of Vehicles Affected By Two Recent GM Recalls

    Larry Nagelberg
    15 Aug 2014 | 4:03 pm
    Two General Motors recalls have been announced recently. One of the recalls, says the National Highway Traffic Safety Administration, has been associated with thousands of vehicles sold nationwide. According to the official release issued by the federal agency, the 2014 Cadillac CTS, ELR, Chevrolet Caprice and SS vehicles, as well as the 2013 and 2014 Buick Encore and Cadillac ATS, and all units of the 2014 and 2015 Chevy Silverado and GMC Sierra trucks have been recalled over an issue […]Related Posts:Thousands of Vehicles Affected in Latest Hyundai RecallsGM, Lexus & Other Toyota…
  • Fire Risk Associated With Recent Heater Recall

    Larry Nagelberg
    14 Aug 2014 | 4:31 pm
    According to the U.S. Consumer Product Safety Commission, certain electric space heaters are being recalled over a possible burn hazard. The products, says the CPSC, have been linked to at least 29 incidents, including 7 reports of the devices being engulfed by flames and one report of users who inhaled smoke as a result. Another incident resulted in some property damage as well. The official recall announcement indicated that the 79,000 units sold at Home Depot, Bed Bath & Beyond, […]Related Posts:Overheating Issues Prompt Portable Heater RecallFire Risk Prompts Frigidaire Gas…
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    Profit and Laws

  • The Most Profitable Types of Small Businesses

    20 Aug 2014 | 2:40 pm
    Summer’s drawing to an end. Maybe you’re starting to think about what’s next. Here is one study showing the 15 most profitable small businesses. I’m suspicious that the first ranked accountants have managed to cook the books – of course, how would we know. Read more. Story via
  • Startups Take a Shine to Urban Agriculture; Can They Reward Investors?

    20 Aug 2014 | 9:20 am
    By Linda from Chicago, USA (New crops) [CC-BY-2.0], via Wikimedia Commons Disruptors are invading agriculture, developing new methods of growing food with the help of technology and creativity. Entrepreneurs are helping us farm without having to live in Iowa. Read more. Story via Xconomy.
  • LegalSifter Demystifies Legal Contracts

    19 Aug 2014 | 3:25 pm
    A disruptor has developed software that scans a contract to tell you what’s wrong with it. It’s billed as a solution for non-lawyers. Lawyers will freak, but that’s not why I like it. I like it because it could be a quality control tool for lawyers – like me – who need a fresh pair […]
  • 6 Tips for Picking the Right Shrink

    15 Aug 2014 | 8:35 am
    AudioBlog: A combination blog post and podcast. 6 Tips for Picking the Right Shrink In honor of Robin Williams, whose depression and anxiety drove him to his end this week, we hereby declare our full throated encouragement to go get yourself some help. Therapy – hard, bitter, sometimes triumphant talk therapy, coupled with the appropriate, […]
  • Farming Will Never Form the Backbone of America Again – Because Farmers Won’t Join with the People Who Would Help Them 

    14 Aug 2014 | 8:45 am
    © Copyright Walter Baxter and licensed for reuse under this Creative Commons Licence It’s become nearly impossible to earn a living as a small farmer. Farmers that do make it have big farms, rely on government support or switch to a not-for-profit model. This article points to other farmer empowerment movements throughout history and wonders […]
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    Virginia Business Lawyers

  • Rogue CFO IV – The Company Response

    David Carroll
    5 Aug 2014 | 1:07 pm
    In this series we have considered the problem of a rogue CFO, or other executive officer, who defrauds or steals from the company. The focus has been on measures that are designed to prevent the high-level fraud from occurring in the first place. But what actions should the company take when it suspects that an insider is defrauding the business? 1. Investigate The company first needs to assemble promptly the evidence regarding the suspected fraud. During the investigation the company must be careful not to defame the executive or let him or her know they are under suspicion. Keep all…
  • Virginia Business Law: Donald Sterling and the Law on Audio Recordings

    Stefan Calos
    18 Jul 2014 | 8:41 am
    This isn’t really about Donald Sterling, the now-infamous owner of the Los Angeles Clippers. It’s about what made him a household name.  Audio recordings have been causing businessmen and politicians problems for years. What are the rules?  Some states require that everyone involved in a conversation know it is being recorded. In Virginia, however, only one party to a conversation needs to know (see Virginia Code § 19.2-62.B.2). So if you and I have a conversation, either of us can record it without telling the other.  But nobody else can record it without telling one of us.
  • New Rules For Casual Residential Real Estate Investors

    Brian Pitney
    10 Jul 2014 | 7:32 am
    During the Great Recession, many savvy investors and entrepreneurs took advantage of plummeting home prices and low interest rates by buying up and leasing residential real estate.  Owners did not need to worry about complying with the Virginia Residential Landlord and Tenant Act (VRLTA) if they rented ten or fewer single family residences.  The law changed on July 1, 2014, however, and now applies to most landlords owning and renting three or more such units. A few of the restrictions and obligations that apply to these landlords under the VRLTA (now also known as the Virginia Rental…
  • Rogue CFO III – Background Checks

    David Carroll
    28 May 2014 | 10:48 am
    Blog Series: Rogue CFO – I – Introduction Rogue CFO – II –Internal Accounting Controls and Supervision Perform Background Checks. It seems obvious. Why would a company not want as much information about a candidate for its CFO position that it can legally obtain? But this oversight is common. Too many smaller companies hire CFOs and other senior people without a background check, which is beyond irresponsible. In one example, a CFO was discovered tampering with the company’s accounts. A simple Google search would have revealed that not only had this CFO been sued by his…
  • What to Consider Before Buying a Business

    Donna Ray Berkelhammer
    12 May 2014 | 9:41 am
    Buying an existing business can be exhilarating and frightening all at once.  It is important to find out as much about the business, its operations and finances as possible before purchase.  Typical asset purchase agreements give a set period of time for investigation (often called due diligence). Here are some matters to investigate: Why is the Seller selling? What are the greatest challenges in the business during the past few years? Get three years of financial information including company tax returns if possible. Does the business have structured systems and processes that would…
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    Hoboken Bankruptcy Attorney - (201) 676-0722

  • In debt? You’re not alone

    29 Jul 2014 | 10:35 am
    A new study shows that a whopping 77 million Americans has debt that’s listed on their credit report as being “in collections.”  That’s 35% of adults who have credit files.  And this debt is spread around all over the country, even though a higher percentage of it is in the South. The student was released by the nonprofit Urban Institute. So if you have bad debt on your credit report, you’re not alone.  Millions of Americans have the same problem.  The difference boils down to, can you do anything about it? Is bankruptcy or debt settlement right for you?
  • Are you eligible for Ch. 7 or Ch. 13 bankruptcy?

    15 Jul 2014 | 5:00 am
    Eligibility for Ch. 7 or Ch. 13 bankruptcy can turn on who is filing the bankruptcy, the type and amount of debt, the amount of income, and the amount of expenses. Who is filing the bankruptcy: Only a human being (or a human being and his or her spouse) can file a Chapter 13 case. Neither a partnership nor a corporation can file a Chapter 13 case, but it can file a Chapter 7, whether or not the business owner also files one individually. The type and amount of debt: If your debt is primarily consumer debt (a dollar amount of more than 50%), then you have to pass the means test to qualify for…
  • Student loan settlement companies to be sued by Illinois AG

    14 Jul 2014 | 6:11 am
    Student-loan settlement companies that allegedly take people’s money and do not provide the promised student-loan debt help will be sued by the Attorney General of Illinois, the New York Times reported.  Illinois will be the first state to take legal action against companies that advertise help for student loan debtors. Two of these student loan debt assistance companies will be sued – Broadsword Student Advantage and First American Tax Defense – according to the Times reporters, who stated that they read advance copies of the Illinois Attorney General’s lawsuits.
  • Lots of business debt can allow you to qualify for Ch. 7 more easily

    10 Jul 2014 | 10:23 pm
    If you owe more business/non-consumer debt than consumer debt, then you avoid not only the “means test” but also some other roadblocks to a successful post-business Chapter 7 bankruptcy case. What’s the “Means Test” and Why Does It Matter? Bankruptcy law says that if your income is more than a certain amount, you have to pass a means test to be able to go through a Chapter 7 case successfully. One way to avoid this means test is by having less income than the permitted median family income for the state in which you live. But the median family income amounts are relatively low. If…
  • What happens to general unsecured debt in Chapter 7?

    10 Jul 2014 | 5:00 am
    Examples of general unsecured debts include credit card debt and medical debt.  If you are thinking about filing for bankruptcy, you should know how these general unsecured debts are handled. Secured debt usually is tied to your most important possessions, such as your home or your car. So it’s understandable that being able to keep these types of collateral will drive your bankruptcy decisions.  Likewise, your “priority” debts tend to involve your most aggressive creditors and often can’t be discharged in bankruptcy, so these also grab our attention. But it’s more likely that…
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    The Complex Litigator

  • Luckey v. Superior Court says no to temporary judges for class settlement approval

    H. Scott Leviant
    12 Aug 2014 | 10:00 pm
    In Luckey v. Superior Court (July 22, 2014), the Court of Appeal (Second Appellate District, Division Three), the Court considered a writ following the denial of a stipulation to utilize a temporary judge to handle a class settlement approval.  Plaintiff filed a putative class action alleging violation of FACTA arising from printing “more than the last 5 digits of the card number or the expiration date” on an electronically printed receipt provided to the cardholder at the point of the transaction. (15 U.S.C. § 1681c(g).) The operative complaint alleged causes of action for…
  • Misclassifcation of independent contractors gets a boost in Ayala v. Antelope Valley Newspapers

    H. Scott Leviant
    12 Aug 2014 | 9:54 pm
    As I fill the backlog, we have yet another big decision from the California Supreme Court. In Ayala v. Antelope Valley Newspapers, 59 Cal. 4th 522 (June 30, 2014), the Supreme Court examined how the question of certification should be answered in the context of misclassification of independent contractors.  Newspaper carriers, classified as independent contractors, filed suit to obtain remedies available to employees under California’s wage & hour laws.  Plaintiffs moved for class certification.  The trial court concluded the case could not proceed as a class action,…
  • Analysis of Iskanian v. CLS Transportation Los Angeles LLC

    H. Scott Leviant
    12 Aug 2014 | 9:42 pm
    Next up on the update list is Iskanian v. CLS Transportation Los Angeles LLC (June 23, 2014). In Iskanian, a limousine driver filed a class action lawsuit on behalf of himself and similarly situated employees for his employer’s alleged failure to compensate its employees for, among other things, overtime and meal and rest periods.  Plaintiff also asserted a PAGA claim. The employee had entered into an arbitration agreement that waived the right to class proceedings. The defendant moved to compel arbitration. After the court granted the motion, Gentry v. Superior Court (2007) 42 Cal.4th…
  • Analysis of Duran v. U.S. Bank National Association

    H. Scott Leviant
    12 Aug 2014 | 9:22 pm
    It is a bit belated, but I'm getting some write-ups of the big cases up for your reading pleasure (or agony).  First up is Duran v. U.S. Bank National Association (May 29, 2014).  Loan officers for U.S. Bank National Association (USB) sued for unpaid overtime, claiming they had been misclassified as exempt employees under the outside salesperson exemption.  Plaintiffs moved to certify the case as a class action.  Plaintiffs provided declarations from 34 current and former putative class members, all stating that they worked overtime hours and spent less than half of their…
  • BREAKING NEWS: Iskanian v. CLS Transportation Los Angeles, LLC eulogizes Gentry and buttresses PAGA

    H. Scott Leviant
    23 Jun 2014 | 11:01 am
    The California Supreme Court has just issued its opinion in Iskanian v. CLS Transportation Los Angeles, LLC (June 23, 2014). In a nutshell, here's the scorecard:The question is whether a state's refusal to enforce such a waiver on grounds of public policy or unconscionability is preempted by the FAA. We conclude that it is and that our holding to the contrary in Gentry v. Superior Court (2007) 42 Cal.4th 443 (Gentry) has been abrogated by recent United States Supreme Court precedent. [W]e conclude that an arbitration agreement requiring an employee as a condition of employment to give up…
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    Law Firm Newswire » Legal News

  • American Urological Association (AUA) Debates Pros and Cons of Transvaginal Mesh Slings

    LFN Editor 102KS31
    21 Aug 2014 | 3:00 am
    Austin, TX (Law Firm Newswire) August 21, 2014 – Despite the thousands of lawsuits against the makers of transvaginal mesh slings, the devices are still in use. “As more and more women file medical negligence lawsuits against the makers of transvaginal mesh slings, it would seem sensible to take them off the market. Such a decision would not be unusual for an allegedly defective product, but it does not seem that its manufacturers are interested in making it,” said Bobby Lee, an Austin lawyer who litigates transvaginal mesh lawsuits. In one Oregon case, the victim no longer wants to get…
  • Use of Medications Among Veterans with PTSD Common – and Commonly Problematic

    LFN Editor 102KS31
    21 Aug 2014 | 3:00 am
    Tampa, FL (Law Firm Newswire) August 21, 2014 – Veterans, especially vets with PTSD, are much more likely to overuse drugs than the general public. Nearly 70 percent of Americans take at least one prescription drug regularly, and more than 50 percent are on at least two prescriptions. Multiple prescription drug use in the United States is fairly common, as 20 percent of Americans take five or more prescribed medications. Researchers have routinely noted that antidepressants and painkillers are among the most common prescriptions written, and both classes of medication hold risks and…
  • With U.S. Immigration Reform on Ice, Canada Extends Welcome to Indian Nationals

    LFN Editor 102KS31
    21 Aug 2014 | 3:00 am
    Houston, TX (Law Firm Newswire) August 21, 2014 – Newly liberalized Canadian immigration policies may benefit the country’s tech sector. The number of U.S. visas extended to skilled foreign workers has become locked in the frozen morass of immigration debate. Canada recently made it clear that it was adopting a decidedly different tack on immigration policy from its neighbor to the south. As Washington dithers on reforming its visa regime, Ottawa’s new initiative could reap dividends for Canada’s economy, especially in its growing technology sector. On July 7, the new Canadian…
  • DREAM Act Carries a Big Bill

    LFN Editor 102KS31
    20 Aug 2014 | 3:00 am
    Miami, FL (Law Firm Newswire) August 20, 2014 – The cost of unaccompanied, minor, illegal immigrants entering the United States may run to roughly $2.28 billion by next year. U.S. taxpayers are footing that bill. “The $2.28 billion figure, which is an estimate, has shot up from 2014′s $868 million accumulation. These figures were sent to the Senate and House Appropriations by the Office of Management and Budget (OMB), and they are based on the assumption that unaccompanied minors are likely to continue to flood the borders. The numbers of young, unregistered immigrants entering the…
  • Arizona Ruling Refines Definition of Marijuana DUIs

    LFN Editor 102KS31
    20 Aug 2014 | 3:00 am
    Lakeland, FL (Law Firm Newswire) August 20, 2014 – DUIs usually refer to driving while under the influence of alcohol. With marijuara being more commonly used for a variety of reasons, such as medically/recreationally, comes the debut of marijuana DUIs. “As marijuana is sometimes used for medical purposes, there is a huge gap among states as to what defines driving under the influence. Twenty-three states and The District of Columbia are currently struggling to find an answer to that question. Interestingly, an Arizona court may have provided the solution to the question –and…
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  • How is Dumping Ice Water on Your Head Supposed to Cure ALS?

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

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

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

    1 Feb 2014 | 3:13 pm
    Getting the Most Out of Your Smart Phone for Your Law Practice I recently saw a trailer for the movie "Her". As far as I can tell, actor Joaquin Phonenix plays the part of a lonely mustached man who falls in love with his smart phone's Siri like operating system.  I scoffed at the notion.  First, if you can pull of a Tom Selleck mustache, getting the ladies is not a problem.  Second, I hated my cell phone.  I would never consider dating it. There is a reason why they are called "cell" phones. Sometimes they make you feel like you're locked up in one. Whether iron bars or…
  • Downton Abbey Taught Me to Be a Better Lawyer

    31 Jan 2014 | 6:00 am
    If you asked me what shows I enjoy watching,  I would probably tell you I only watch ESPN and the news. Truth be told, my wife and I have been smitten with the trials and tribulations of the inhabitants of Downton Abbey. The well written period drama is set in the country estate of the fictional Crawley family during Britain's post-Edwardian era. As a fan of history, I enjoy seeing how the day's events and technological advancements played into the daily lives of people. From Spanish influenza and the sinking of the Titanic to World War and the Teapot scandal, viewers watch as history…
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    My Distribution Law

  • The Senate is Considering Minimum Resale Pricing for Contact Lenses

    Howard Ullman
    31 Jul 2014 | 12:45 pm
    NPR has the story.  Under federal law, of course, RPM is subject to the Rule of Reason.  Apparently the Senate is interested because a large portion of the contact lens market is subject to the restrictions. It is unclear to me whether the manufacturers have truly nationwide policies or whether they have excepted those states that still treat — or may treat — minimum RPM as per se unlawful. Update: After hearing a bit more about this, it sounds like these are Colgate unilateral pricing policies (no agreement; if retailers don’t abide, they don’t receive more…
  • Northern District of California Addresses Functional Discounts, Price Discrimination Claims

    Howard Ullman
    17 Jul 2014 | 3:43 pm
    Chrysler 1959 (Photo credit: Wikipedia) In Mathew Enterprise, Inc. v. Chrysler Group, LLC, 2014 U.S. Dist. LEXIS 95522 (N.D. Cal. July 11, 2014) (Freeman, J.), the court dismissed certain Robinson-Patman Act price discrimination claims and allowed others to proceed, and in so doing addressed the contours of the functional availability defense. The plaintiff is a car dealership. It alleged that Chrysler grants “volume growth” incentives which function as a subsidy and amount to roughly $700 per vehicle sold by a qualifying dealer. The plaintiff alleged that Chrysler allowed competing…
  • A World Without Patents?

    Howard Ullman
    10 Jul 2014 | 2:44 pm
    (Photo credit: Alexandre Dulaunoy) Planet Money’s recent podcast interviews two economists who advocate for the ultimate patent law reform: the abolition of patents. They argue that patents inhibit innovation.  For example, the Wright Brothers supposedly secured a number of patents on their early airplane design — which didn’t work very well and which stalled (pun intended) airframe development in the U.S. for a number of years.  The industry migrated to France to avoid the U.S. patents. What about pharma, you might ask (as did I?)  Are pharma companies really going to…
  • Happy Fourth of July

    Howard Ullman
    3 Jul 2014 | 5:00 am
    (Photo credit: Wikipedia) For your weekend reading, here’s an interesting article by Joseph Stiglitz in the New York Times: “Inequality is Not Inevitable.”
  • “Taking the Law Out of Harvard Law School”

    Howard Ullman
    20 Jun 2014 | 3:34 pm
    Harvard Law School Langdell Library in Cambridge, Mass. (Photo credit: Wikipedia) The absurd disconnect between legal education and practice has often been noted, but Max Kennerly has a superbly-articulated critique of the continuing state of affairs at HLS and other law schools. (No, I don’t agree with everything else on Max’s blog.) Related articles Taking The Law Out of Harvard Law School
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    Attorney at Work

  • Substance and Form: The Elements of a Lawyer Brand

    Jay Harrington
    21 Aug 2014 | 3:00 am
    Branding. It’s one of the most overworked and overanalyzed topics in the marketplace of ideas. Paradoxically, or perhaps consequently, it’s also one of the most misunderstood. This misunderstanding isn’t a definitional one. There’s a general consensus that a brand “is the sum of what others think of you” or something similar. But there are two pertinent, preliminary questions beyond “what is branding?” worthy of exploration: Why is it important? And how is it done? Reputation and Brand — A Distinction Without a Difference? This post focuses on personal…
  • Five Ways Mindfulness Can Benefit Lawyers

    Jeena Cho
    20 Aug 2014 | 3:00 am
    Mindfulness means to be in the present and to accept each moment without preference or judgment. It’s an ancient practice that comes from Buddhism. It’s not a religious practice. Rather, it’s a way to engage in our lives with care and awareness. The primary way to practice mindfulness is through meditation, where you sit quietly and settle your mind and body. It’s interesting to note that in every religion, there’s a practice of sitting silently, whether that’s in meditation or in prayer. So how can cultivating mindfulness benefit lawyers? Here are several ways. 1. Reduced…
  • Free Tip Sheet: 40 Ways to Make Networking Work

    The Editors
    19 Aug 2014 | 8:44 am
    Share this:
  • Attorney Misconduct — Time to Tattle?

    Megan Zavieh
    19 Aug 2014 | 3:00 am
    Reporting another lawyer’s misconduct can bring on a mix of emotions. If the other lawyer is your adversary and you’ve been battling in the gutter, a bar complaint may be exactly what you wish on this person. Lawyers know a lot of lawyers, though, and we get a lot of insight into each other’s lives through our professional and personal interactions. There are likely many lawyers you’d rather not report to the bar, knowing that a bar complaint is a ticket to havoc being wreaked on a lawyer’s life. So are you obligated to report another lawyer if you know about an instance of…
  • How to Suck at Networking

    Ruth Carter
    18 Aug 2014 | 3:00 am
    If you’re a law firm owner or partner, you know the drill — when you’re not working in your business, you should be working on your business. For most of us, that includes a lot of networking — attending mixers, going to lunches, interacting with contacts on social media and the like. Recently, I’ve noticed an increase in annoying networking behaviors that are at best ineffective, and at worst a guarantee that I will never do business with those people or send them any referrals. (I use Sage ACT! to manage my contacts and there are actually entries that have a note saying “NEVER…
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    Justia Law, Technology & Legal Marketing Blog

  • Justia Weekly Writers’ Picks – August 1, 2014

    Cicely Wilson
    1 Aug 2014 | 2:40 pm
    Bostic v. Schaefer, US 4th Cir. (7/28/14) Civil Rights, Constitutional Law, Family Law, Government & Administrative LawPlaintiffs filed suit challenging Virginia Code sections 20-45.2 and 20-45.3; the Marshall/Newman Amendment, Va. Const. art. I, 15-A; and any other Virginia law that bars same sex-marriage or prohibits the State’s recognition of otherwise-lawful same-sex marriages from other jurisdictions (collectively, the Virginia Marriage Laws). Plaintiffs argued that these laws violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment. The district court…
  • Supreme Court or Bust: Justia Weekly Writers’ Picks, July 25, 2014

    Cicely Wilson
    25 Jul 2014 | 11:25 am
    Two federal appeals courts this week issued conflicting opinions on Obamacare.King v. Burwell, US 4th Cir. (7/22/14) Health Law, Tax LawPlaintiffs filed suit challenging the validity of an IRS final rule implementing the premium tax credit provision of the Patient Protection and Affordable Care Act (ACA), 26 U.S.C. 36B. The final rule interprets the Act as authorizing the IRS to grant tax credits to individuals who purchase health insurance on both state-run insurance “Exchanges” and federally-facilitated “Exchanges” created and operated by HHS. The court found that…
  • Justia Weekly Writers’ Picks, July 18, 2014 – As California Goes . . .

    Cicely Wilson
    18 Jul 2014 | 12:24 pm
    This week, a federal judge in the U.S. District Court for the Central District of California issued a ruling that California’s death penalty is unconstitutional.  Read Courtney Minick’s analysis of the opinion on Justia’s Verdict: Federal Judge Strikes Down California Death Penalty: What This Could Mean for California.Texas Div., Sons of Confederate Veterans, Inc. v. Vandergriff, et al., US 5th Cir. (7/14/14) Civil Rights, Constitutional LawPlaintiff filed suit alleging that the Board violated its First Amendment right to free speech when it denied plaintiff’s application for a…
  • Google and the Right to Be Forgotten

    Ken Chan
    7 Jul 2014 | 11:42 am
    Last month, the Court of Justice of the European Union issued a preliminary ruling on the right of natural persons to privacy with respect to the processing of personal data. In the case, Mr. Costeja González, a Spanish national, had lodged a complaint with the Agencia Española de Protección de Datos (AEPD), the Spanish Data Protection Agency, concerning a then 12-year-old announcement in La Vanguardia Ediciones SL, a Spanish newspaper, that mentioned a real-estate auction connected with attachment proceedings for the recovery of Mr. González’s social security debts. Mr. González…
  • Justia Resources and Commentary on the Supreme Court’s Hobby Lobby Decision

    David Kemp
    30 Jun 2014 | 9:14 am
    Today, the U.S. Supreme Court handed down its decision in the much-anticipated case Burwell v. Hobby Lobby Stores, Inc. (formerly Sebelius v. Hobby Lobby Stores, Inc., consolidated with Conestoga Wood Specialties Corp. v. Burwell and Autocam Corp. v. Burwell).In a 5-4 opinion by Justice Samuel Alito, the Court held that the Religious Freedom Restoration Act (RFRA) permits a closely held for-profit corporation to deny its employees the health coverage of contraceptives to which the employees are otherwise entitled by the federal Patient Protection and Affordable Care Act of 2010 (ACA),…
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    Hunt & Associates, PC

  • Oregon Steps towards Marijuana Legalization

    Nathan Piers-VanderPloeg
    20 Aug 2014 | 2:38 pm
    Last month Oregon certified a ballot measure for the November election that would legalize marijuana for recreational use.  If passed, Oregon would become the third state to allow the recreational use of marijuana, following Washington and Colorado.  Until such a law is passed in Oregon, it remains illegal to use or possess the drug without a medical marijuana card.  In Oregon, possession of less than an ounce of marijuana is not even a crime, but a violation, which is roughly the equivalent of a speeding ticket.  This means that if you are found by police to have less than an ounce in…
  • A Government Extortion Racket That’s Apparently Offensive to Everyone Except the Department of Labor

    Lawrence Hunt
    7 Aug 2014 | 1:29 pm
    A recent story by Jared Meyer summarizes how the U.S. Department of Labor extorts admissions of guilt, unproven damages, fines, and waivers of appeal rights from farmers by implementing the “hot goods” provision of the Fair Labor Standards Act of 1938 against agricultural employers in a manner offensive to Republicans, Democrats, and, most recently, a U.S. District Court in Oregon. As the story points out, it also appears that the Department of Labor uses assumptions and methods of determining whether a violation has occurred in the first place. The story is here. The magistrate’s…
  • A Comic Caricature of the Corrupt Judge

    Lawrence Hunt
    29 Jul 2014 | 9:34 am
    If you thought the judge who decided your case was bad, you haven’t met the judge described in this story who was, literally, in bed with one party in an ongoing case before him. The judge’s response to the disciplinary complaint is a model of brazen stupidity and judicial narcissism worth a moment’s laughing contemplation. If nothing else, this story is a reminder that judicial corruption probably should be a capital offense. © 7/29/2014 Lawrence B. Hunt of Hunt & Associates, P.C.  All rights reserved. Facebook TweetThis Digg StumbleUpon You might be interested in…
  • We Say Good Bye, Hello to Kevin Tillson

    Lawrence Hunt
    21 Jul 2014 | 4:13 pm
    After more than 9 years Kevin Tillson will leave our firm on August 1 to pursue his career as a sole practitioner in Sandy, Oregon; closer to his home and focusing his practice on estate planning, probate, and protective proceedings such as guardianships and conservatorships. We wish him the best. At the same time we want to welcome Kevin Tillson back to our office in his new role as “of counsel” to our firm. Kevin will continue to meet with our clients in our downtown Portland office to provide his expertise and help in estate planning, probate and protective proceedings. In short, even…
  • Introducing Nathan Piers-VanderPloeg; Our New Associate Attorney

    Heather Carr
    8 Jul 2014 | 8:49 am
    Hunt & Associates, PC is pleased to announce that Nathan Piers-VanderPloeg has joined the firm as an Associate Attorney Nathan is a native Oregonian. He earned his law degree from the University of Oregon School of Law in 2011, and graduated from Linfield College with a BA in Political Science in 2005. Nathan was admitted to the Oregon Bar in 2011. Since then he has successfully handled a broad range of legal matters encompassing a broad range of legal issues including questions of employment and labor law, personal injury and insurance, construction defects, criminal law, contracts and…
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    Rozek Law

  • Mild Traumatic Brain Injury Affects Patients’ Cognition and Brain Matter

    Randy Rozek
    15 Aug 2014 | 10:23 am
    Visit us at (Professor Blamire/Newcastle University, UK) Neurology recently published a study that found mild traumatic brain injuries (TBI) could impact the brain matter and cognition of patients’. The study focused on the less traumatic end of TBI because patients at this end of the spectrum are the most common. About 85 percent of patients have less severe forms of brain injury. What Happens in a Healthy Brain? With a brain working efficiently, the brain’s white section, an area that has an interconnection of wiring for different parts of the brain, is orderly and…
  • Another Lawsuit Against The NHL

    Randy Rozek
    1 Aug 2014 | 11:14 am
    Visit us at The National Hockey League has been hit, again, with a class-action lawsuit tied to concussions. Filed in the U.S. District Court in Minnesota, the only plaintiff is the former NHL defenseman John Rohloff. The suit is open to former NHLers and their families. The New York Times says, “The suit says that the league concealed the dangers of concussion and did not pass rules designed to reduce the risk of brain injury until recent seasons. N.H.L. representatives did not respond to a request for comment late Tuesday afternoon. After a similar suit was filed in April,…
  • Support For Brain Injury Association of Massachusetts

    Randy Rozek
    25 Jul 2014 | 11:28 am
    Visit us at Golfers in Massachusetts played to support the Brain Injury Association of Massachusetts. On Monday, June 23rd, Laura Herman, the Golf Classic chairman, welcomed the groups of golfers. Herman has been involved with the Brain Injury Association of Massachusetts (BIA-MA) The event raised $25,000, which goes directly to BIA-MA for support, prevention, education and advocacy. The players enjoyed a day of challenge on the parkland-style course. After the game was finished, everyone was invited for dinner and a silent auction as well as a live auction to benefit the cause.
  • Lawsuit Claims Inflatable Wrestling Suit Caused Brain Injury

    Randy Rozek
    23 Jul 2014 | 9:18 am
    Visit us at A teenage girl’s family in Miami-Dade County is suing the company that makes inflatable sumo wrestling costumes for allegedly causing her to have brain damage. The 15 year old girl, Celaida Lissabet, and her mother sued the charter school Mater Academy and Mega Party Events. The lawsuit contends that the suits are used for “violent recreational sumo wrestling games.” The lawsuit also alleges that the company knew of similar incidents that had happened that makes the suit dangerous. Lissabet was wearing the suit during the “Spirit Day” at…
  • Can Memory Be Restored After A Brain Injury

    Randy Rozek
    14 Jul 2014 | 12:40 pm
    Visit us at The Defense Advanced Research Projects Agency (DARPA) has awarded the University of California, Los Angeles (UCLA) Program in Memory Restoration $15 million toward a four-year project aiming to help restore the loss of memory function in those suffering from brain-injury (Nichols, 2014). According to the Center for Disease Control and Prevention (CDC), traumatic brain injury makes up 30% of all deaths related to injury. Brain injury can have such effects as impaired thinking and speech, movement, emotional functioning, as well as memory. In 2010, approximately 2.5…
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  • College Bound? Get Power of Attorney and Health Care Proxy for your student!

    Linda Grear
    14 Aug 2014 | 7:33 am
    If you have children getting ready for college, you should consider having them prepare Durable General Power of Attorney and Health Care Proxy documents. From a practical perspective, you may be paying your child’s tuition and housing expenses, as well as covering him/her as a dependent on your health insurance; however, in the eyes of […]
  • 2014 Super Lawyers Announced

    Hogan Willig
    11 Aug 2014 | 6:09 am
    HoganWillig is please to announce that the attorneys Corey J. Hogan, Diane R. Tiveron, Steven M. Cohen, Nelson F. Zakia, Thomas R. Cassano, J. Michael Kelleher, Kenneth A. Olena, Steven G. Wiseman, Elizabeth M. DiPirro and Kevin S. Mahoney have been selected to the 2014 New York State Super Lawyers list. Each year, no more than five percent of […]
  • Smart Home may not be such a smart choice

    Krystal Chapin
    10 Aug 2014 | 7:30 am
    In an era where getting the latest and greatest technology is of utmost importance, we must be conscientious to step back and analyze the implications of living life in such a way. Technology can and has undoubtedly allowed our world to make major advances in almost every field of study. Nevertheless, our technology-driven world can […]
  • Refinancing: A Smart Move

    Krystal Chapin
    7 Aug 2014 | 1:32 pm
    Should I refinance my mortgage? This is a question many people ask. Luckily, there are a number of reasons why refinancing may be a smart financial move. Refinancing a mortgage means paying off an existing loan and replacing it with a new one. The most common reason a person may look to refinance is to […]
  • New Legislation Protects Unpaid Interns in New York State from Discrimination

    Natalie Cappellazzo
    4 Aug 2014 | 7:47 am
    Last week, New York State became the fourth jurisdiction to outlaw discriminatory employment practices against internship applicants and unpaid interns.  By amending New York Human Rights Law, the Act, signed into law by Governor Andrew Cuomo, prevents employers from harassing, discriminating, and retaliating against interns, even if their positions are unpaid. The new legislation is […]
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    bLAWgical Thinking

  • Waiting For Your Bar Exam Results

    12 Aug 2014 | 11:30 am
    By Mike Sims, BARBRI President   With the bar exam behind us, barpreppers across the country are discovering that while it was unpleasant to study for the bar, and exhausting to take the bar, now the truly difficult part has begun – waiting for results […]
  • Making Bar Study Fun: Professor Roger Schechter Style

    5 Aug 2014 | 11:53 am
    What do you get when you mix comedy with bar review? Professor Roger Schechter. Co-Founder/CEO and Above The Law Guest Conversationalist, Zach Abramowitz, strikes up a lively conversation (that includes some great bar exam tips) with Professor Schechter.
  • #barpreplife: Let the #barexam begin

    28 Jul 2014 | 1:05 pm
    GUEST BLOG by Lauren Thedford, SMU Law School graduate and BARBRI bar review student I’m headed to my hotel this afternoon to get settled in. I’ve found a gym nearby so I can afford myself some stress relief if I have time. Mom set me […]
  • #barpreplife: BEWARE — Bar Prepper

    15 Jul 2014 | 11:10 am
    GUEST BLOG by Lauren Thedford, SMU Law School graduate and BARBRI bar review student 2 Weeks Left The countdown is no longer a friendly thing. To be honest, I’m not sure if it ever was. Today marks 15 days until the bar exam. The anxiety […]
  • #barpreplife: #BarPrepTweetsOTheWeek brought to you in the form of #BarPrepMovieTitles

    10 Jul 2014 | 6:21 pm
    GUEST BLOG by Lauren Thedford, SMU Law School graduate and BARBRI bar review student What do you do on a Monday night deep in the middle of bar prep? You manipulate popular movie titles into bar prep related titles. This definitely counts as human interaction […]
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    Attorney at Work

  • Substance and Form: The Elements of a Lawyer Brand

    Jay Harrington
    21 Aug 2014 | 3:00 am
    Branding. It’s one of the most overworked and overanalyzed topics in the marketplace of ideas. Paradoxically, or perhaps consequently, it’s also one of the most misunderstood. This misunderstanding isn’t a definitional one. There’s a general consensus that a brand “is the sum of what others think of you” or something similar. But there are two pertinent, preliminary questions beyond “what is branding?” worthy of exploration: Why is it important? And how is it done? Reputation and Brand — A Distinction Without a Difference? This post focuses on personal…
  • Five Ways Mindfulness Can Benefit Lawyers

    Jeena Cho
    20 Aug 2014 | 3:00 am
    Mindfulness means to be in the present and to accept each moment without preference or judgment. It’s an ancient practice that comes from Buddhism. It’s not a religious practice. Rather, it’s a way to engage in our lives with care and awareness. The primary way to practice mindfulness is through meditation, where you sit quietly and settle your mind and body. It’s interesting to note that in every religion, there’s a practice of sitting silently, whether that’s in meditation or in prayer. So how can cultivating mindfulness benefit lawyers? Here are several ways. 1. Reduced…
  • Free Tip Sheet: 40 Ways to Make Networking Work

    The Editors
    19 Aug 2014 | 8:44 am
    Share this:
  • Attorney Misconduct — Time to Tattle?

    Megan Zavieh
    19 Aug 2014 | 3:00 am
    Reporting another lawyer’s misconduct can bring on a mix of emotions. If the other lawyer is your adversary and you’ve been battling in the gutter, a bar complaint may be exactly what you wish on this person. Lawyers know a lot of lawyers, though, and we get a lot of insight into each other’s lives through our professional and personal interactions. There are likely many lawyers you’d rather not report to the bar, knowing that a bar complaint is a ticket to havoc being wreaked on a lawyer’s life. So are you obligated to report another lawyer if you know about an instance of…
  • How to Suck at Networking

    Ruth Carter
    18 Aug 2014 | 3:00 am
    If you’re a law firm owner or partner, you know the drill — when you’re not working in your business, you should be working on your business. For most of us, that includes a lot of networking — attending mixers, going to lunches, interacting with contacts on social media and the like. Recently, I’ve noticed an increase in annoying networking behaviors that are at best ineffective, and at worst a guarantee that I will never do business with those people or send them any referrals. (I use Sage ACT! to manage my contacts and there are actually entries that have a note saying “NEVER…
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    Pretrial, Trial, Appellate & Evidence Blog


    Ronald H. Clark
    7 Aug 2014 | 11:33 am
    Or is it: “2 HEK WIT SPILL CHICK”CANDIDATE FOR A PULLET SURPRISEI have a spelling checker. It came with my PC.It plane lee marks four my revueMiss steaks aye can knot sea.Eye ran this poem threw it,Your sure reel glad two no.Its vary polished inn it's weigh.My checker tolled me sew.A checker is a bless sing,It freeze yew lodes of thyme.It helps me right awl stiles two reed,And aides me when aye rime.Each frays come posed up on my screenEye trussed too bee a joule.The checker pours o'er every wordTo cheque sum spelling rule.Bee fore a veiling checkersHour spelling mite decline,And if we're…

    Ronald H. Clark
    1 May 2014 | 5:18 pm
    Coming soon - June 2, 2014, Seattle University Law School and the American College of Trial Lawyers proudly begin the inaugural Advanced Trial Advocacy Institute (ATAI). This CLE program offers winning trial advocacy strategies and skills from preparation through closing argument. The Institute is designed to be the most comprehensive trial advocacy training program in Washington. 31.5 CLE credits pendingThe course will be taught by an outstanding faculty of over 20 accomplished trial lawyers, judges and communication specialists, including: Amy Forbis (Pres. American Board of Trial…

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

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

    Ronald H. Clark
    24 Mar 2014 | 9:54 am
    Advancing JusticeFor the past week, I have been in Pristina, Kosovo teaching trial advocacy. The U.S. Department of Justice offered this advocacy training as part of Kosovo’s effort to implement the rule of law. Kosovo is the world’s newest nation, having declared its independence in 2008. The population of Kosovo is approximately 1.8 million. The people of Kosovo have great affection for Americans, and they were unfailingly gracious to us.  The U.S. involvement in bringing an end to the Kosovo war is a reason for this attitude, and their appreciation is evident with a statue of…
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    The Attorney Marketing Center

  • How to beat the competition in marketing a law practice

    David M. Ward
    21 Aug 2014 | 12:44 pm
    If you want to build an average law firm, find out what other lawyers are doing and do the same thing. Target the cases and clients they target, network where they network, and make your website look like their website. If you’re lucky, you will get average results. Why lucky? Because they got there first and will always be one step ahead of you. But in time, you may achieve parity with them. And hey, compared to digging ditches, being an average lawyer is not too shabby. What’s that? You don’t want to be average? You want more? You want better? Okay then. You need to be a…
  • You have been judged and found guilty

    David M. Ward
    20 Aug 2014 | 11:59 am
    I judge you. Yes I do. When you associate with someone who does bad things I think less of you. When you support and promote their business or message, when you re-post their words, when you listen to their music, I assume you believe in them and agree with their opinions and lifestyle. When you fail to denounce evil, or worse, support it, I conclude that you as either ignorant or that you share those values. I’m not alone. Your clients feel the same way. So do your colleagues. Your friends and family may give you more slack but they are with me on this. I see people online, people I…
  • You’re not thinking big enough

    David M. Ward
    19 Aug 2014 | 11:17 am
    If you’re not wealthy, there’s a good chance you’re not thinking big enough. In, 10 Ways in Which Wealthy People Think Differently About Money, the author says, “The wealthy think big”: When you focus on just surviving through retirement or paying the mortgage, you will just survive through retirement or pay the mortgage. Your brain needs something big to dream about. You must aspire to be something huge. Stop dreaming of only a million bucks. Write down the biggest dream you can think of and multiply it by 10. That’s thinking big. I agree. You get what you…
  • Turn your goals into problems and then solve those problems

    David M. Ward
    18 Aug 2014 | 12:33 pm
    Lawyers are good at solving problems. We can look at a situation, decide what needs to be done, and take action to solve the problem. That’s what we do all day long for our clients. We know the objective–to win the case, to negotiate the contract, to protect the client’s business or assets–and we able systematically proceed towards solving the problem. Why is it, then, that we’re often not very good at achieving our goals? Isn’t a goal really an unsolved problem? Let’s say you have a goal of earning x per month by the end of the year. Your goal is…
  • Managing a law practice by playing childish games

    David M. Ward
    15 Aug 2014 | 12:21 pm
    Remember playing “hot potato” as a kid? You stand in a circle and pass around a small object as quickly as possible. When the egg timer or oven buzzer sounds, whoever has the “potato” in hand is out. If you’re the last person left, you win. Kinda like musical chairs. What, you don’t remember that either? Okay I’m old. Anyway, I did my best to run my practice like a game of hot potato. My goal was to get things out of my hands and into someone else’s as quickly as possible. I’d review a file, decide what needed to be done, and give it a…
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    Valensi Rose Law

  • More Recent Tax Developments That May Affect You

    About Valensi Rose, PLC
    19 Aug 2014 | 9:00 am
    By Michael R. MorrisThe following is a summary of the most important tax developments that have occurred in the past three months that may affect you, your family, your investments, and your livelihood. If any of these tax developments apply to you, please call me or one of the other attorneys in our Tax and Wealth Planning Group for more information on how to take advantage of or minimize the impact of these developments.No bankruptcy exemption for inherited IRAsA unanimous Supreme Court has held that inherited IRAs do not qualify for a bankruptcy exemption, i.e., they are not protected from…
  • When is a Property Owner also an Employer?

    About Valensi Rose, PLC
    5 Aug 2014 | 9:00 am
    By Laurie MurphyIf a tree falls in the forest, and no one is around to hear it, does it still make a sound? What if an unlicensed tree trimmer falls out of the tree, and the forest is your property? Are you liable?If you’re not careful, a $200 tree-trimming job can turn into a five-figure plus lawsuit. When landscapers, plumbers, handymen, etc., are injured while working in your home or on your commercial property, your liability depends on whether the law recognizes them as an employee or an independent contractor. Section 2750.5 of the California Labor Code states that any unlicensed…
  • Unusual Facts Lead to Unprecedented Victory for Lender

    About Valensi Rose, PLC
    22 Jul 2014 | 9:01 am
    By Gary TorrellI’d like to discuss a recent case where unusual facts and aggressive actions, led to an almost unheard-of victory for one of our lender clients.Many homeowners miss a monthly mortgage payment or two, then make it up. But when three to five consecutive payments are missed, the lender often attempts to collect or reach a loan modification with the borrower and, if that process is unsuccessful, the lender begins to foreclose.California and federal laws (including bankruptcy) protect homeowners and can delay a foreclosure for six months to over a year. During this time the…
  • IRS Offers Clean Slate for Undeclared Foreign Accounts

    About Valensi Rose, PLC
    14 Jul 2014 | 9:49 am
    By Mayer NazarianIf the tax status of your undeclared overseas accounts is keeping you up at night, effective July 1st Uncle Sam may have just issued you a “Get Out of Jail Free Card.” The IRS has announced a big change to their Offshore Voluntary DisclosureProgram (OVDP), making it easier than ever for those with undeclared offshore accounts to reach tax compliance.Over the past seven to eight years, the IRS has stepped up their enforcement of auditing individuals with over $10,000 in accounts overseas. Under previous programs, even voluntarily coming forward and declaring the overseas…
  • Demanding Transparency from your Broker

    About Valensi Rose, PLC
    1 Jul 2014 | 1:11 pm
    By Gary TorrellWhen traversing the complicated transition into home ownership, buyers often view their real estate broker as a trustworthy, impartial advocate. While brokers offer helpful advice throughout the process, it’s important to recognize the economics of the situation: brokers are only paid when they make a sale, and thus are biased towards closing the deal. And when one broker represents both buyer and seller, a buyer may need to take extra steps to ensure transparency.A recent court decision over the sale of home in Malibu dealt with the broker’s liability in reporting the…
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    Law Firm Internet Marketing Blog | Attorney Search Engine Optimization SEO | News & Tips

  • Creating Attorney Videos That Convert

    Dustin Ruge
    11 Aug 2014 | 10:04 am
    One of the best ways that attorneys can compete and win online is by focusing on conversion. Despite all the focus on rank and search engine traffic, the vast majority of attorneys still get the bulk of their business from referrals. Since referrals tend to be given out in number (ie here are 2-3 attorneys you can contact), it is important to know how you stack up against your referral competition and how best to convert those referrals to clients. VIDEOS HELP YOU OUTPERFORM YOUR REFERRAL COMPETITORSThe majority of referrals are looking up attorneys online BEFORE and after they meet you. If…
  • Dustin Ruge Will Be Speaking On Social Media For Attorneys: Colorado Bar Association - August 16th

    Dustin Ruge
    6 Aug 2014 | 5:41 pm
    Dustin Ruge will be speaking again at the Colorado Bar Association's annual "Hanging You Shingle" conference on Saturday, August 16th at 10am on the subject of social media for attorneys. Date: Saturday, August 16thTime: 10am Location: Colorado Bar Association, 1900 Grant St, 3rd Floor  |  Denver, CO 80203CLE Credits (Full Program): 18 General Credits, 6 Ethics CreditsRegistration:  #attorneycle  #lawyermarketing
  • Is Gmail Bad For The Practice Of Law?

    Dustin Ruge
    6 Aug 2014 | 4:30 am
    When I speak to bar associations across the nation, one of the first questions I ask the audience when it comes to client communications is if they use Gmail for your client communications. Invariably, a number of hands go up. At that point, I always ask them if they have read the Gmail’s privacy policyand if they know that Google is scanning their emails? Why Is All Of This Important For Attorneys? Attorneys, like many other people find the free Gmail email service to be effective, easy to use and highly portable (you can access and use it anywhere). The fact that over 425 million people…

    Dustin Ruge
    24 Jul 2014 | 5:00 am
    There is a good deal of discussion these days about client/case conversion but what attorneys often fail to realize is something that the insurance companies learned a long time ago: most people buy from the first responder. Geico, who has literally spent billions of dollars on their brand name alone, found in their own studies that most people will only get one insurance quote and then buy from that firm. When it comes to attorneys, people’s buying habits are no different. In FindLaw’s recently released 2014 consumer legal needs survey they found that fully 72% of respondents indicated…
  • AZ Bar Association Phoenix CLE: Social Media For Attorneys (1 Credit)

    Dustin Ruge
    11 Jul 2014 | 9:19 am
    Dustin Ruge will be speaking at the AZ Bar Association (Phoenix HQ) on the importance and strategies surrounding social media for attorneys on July 11th @ 12 noon. Presentation will be live and available via webcast.For more information and registration:  AZ Bar Association CLE Programs Date & Time: Friday, July 11th at 12 noonCLE Credits: 1Location: 4201 North 24th Street, Suite 100, Phoenix, AZ 85016Faculty: Dustin Ruge #cle  #socialmedia #lawyermarketing
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    Estate Law Canada

  • As co-executor, am I responsible for the acts of a dishonest co-executor?

    21 Aug 2014 | 11:00 am
    If you think being an executor is tough, try being a co-executor with someone you don't like, or don't trust, or simply can't agree with. On top of the work and stress of the estate, you end up carrying the stress of dealing with that other person on a regular basis. What if the co-executor is dishonest or careless and ends up costing the estate money? Who is responsible for that? A reader
  • Kenny Chesney - While He Still Knows Who I Am - An Alzheimer's Tribute

    20 Aug 2014 | 9:52 am
    I don't usually post music videos, and I'm not a country music fan, but everyone should hear this song about a son whose father has Alzheimer's disease.
  • Can an executor proceed to divide household goods when one beneficiary keeps delaying?

    19 Aug 2014 | 3:05 pm
    An executor's job isn't easy at the best of times, but having a beneficiary who drags his feet doesn't help. Recently a reader wrote to me to ask about an executor's options when a beneficiary delays. Here is his note and my response: "As a Executor, what if you give one of the beneficiaries listed in the will several chances to meet and divide household goods - and they keep stalling or
  • Why giving your grown children an allowance may make financial sense

    18 Aug 2014 | 4:17 pm
    Seniors who are in the midst of their estate planning like to consider all of their options. When they hold an estate that is quite large, one of those options is giving money to the children while the parents are still alive. This already happens in some families, but most of the time it's not part of estate planning, but a one-time response to a particular situation such as the child buying
  • Can an executor sell a property to his friend without telling the beneficiaries?

    14 Aug 2014 | 11:27 am
    A comment left by a reader touched on the subject of an executor selling an estate property to a friend. Many beneficiaries are concerned when they see an executor undertaking transactions with estate assets when the transactions don't appear to be what the law calls "at arm's length". In other words, beneficiaries worry that the executor will be more interested in helping his or her friend
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    AZ Attorney

  • Entertainment law mixer for those legal–creative types

    21 Aug 2014 | 9:30 am
    Considering a creative project? Time to greenlight it. (Photo by KUHT via Wikimedia Commons) Next Monday, August 25, an “industry mixer” with an entertainment attorney and a film industry pro may offer some unique conversations—and opportunities. Stephen Wade Nebgen Entertainment attorney Stephen Wade Nebgen will be available that evening. Perhaps you or a client have a project that would benefit from some thoughtful discussion. I met Stephen years ago (at an arts event, o‘ course), and I would agree with the event notice when it says, “This will be a great opportunity to have a…
  • False Claims Act continues to exert real power

    20 Aug 2014 | 9:30 am
    Here’s how we covered the False Claims Act last March. (Get it? Whistleblower?) Every now and then, the timeliness of a magazine article is brought home to you with great force. Yesterday’s Arizona Republic contained a piece that reminded me how valuable a magazine (even in print!) can be. The subject of the Dennis Wagner story is a huge fraud settlement that a Tucson hospital must pay. As the article says, the Carondelet Health Network will pay $35 million, which is “the largest penalty of its kind in Arizona.” Just as fascinating, though, is the fact that “a whistle-blower who…
  • Undergrad law degree of @ArizonaLaw gets national ink

    19 Aug 2014 | 9:30 am
    You may have wondered: What are the best reasons for an American university to launch a Bachelor of Arts in Law degree? This week, you got an answer. I wrote before about the University of Arizona’s decision to be the first in the nation to offer such a degree. Time will tell whether the notion will catch on. Yesterday, a UA Law professor took to the pages of The Chronicle of Higher Education to offer multiple reasons why the idea is overdue in the United States. In “The Case for Undergraduate Law Degrees,” Professor Brent T. White wrote, “Stepping back from the culturally embedded…
  • When is a book review more than a book review?

    18 Aug 2014 | 9:30 am
    What does a Royal Mail Coach have to do with the law? Our book reviewer tells all!(Photo by DanieVDM, via Wikimedia Commons)   I was considering what takes a book review to a whole other level recently when an email arrived from Judge George Anagnost. And I was all, “Now I remember.” The great book that was our reviewer’s launching-pad. As I’ve mentioned before, I’m a sucker for book reviews (and of books). But too many reviewers think of their task as the same that confronted them in grade-school book reports: Tell what the book is about, in order, and then say if you’d…
  • Prize money, fame, more on tap for @TheExpertInst law student blog contest

    15 Aug 2014 | 9:30 am
    Today’s Change of Venue item is aimed at law students (sorry lawyers). But I’d sure appreciate your sharing it with worthy law student friends. The sum of it is, there’s a blog post contest, and there is cash-money involved. Full stop. (My blog title may have fanned the flames of your interest by mentioning “fame,” but who’s to say, really?) The Expert Institute is seeking great law student blog posts and decided a contest may be the best way to locate them (this is their first annual). You can read more details here. There are a list of rules (it is a legal writing competition,…
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    Law Donut blog feed

  • How the dementia ticking timebomb could affect you and your business

    Mark Williams
    21 Aug 2014 | 2:34 am
    Anyone who loves or loved a person affected by dementia will know just how cruel, indiscriminate and devastating it is. And the scale of the problem is getting significantly worse, with many commentators describing it as a ticking timebomb. National charity Dementia UK estimates that 42% of the UK population has a friend or family member with dementia, with more than 820,000 people in our country having dementia and that number expected to rise to one million-plus by 2030. Alzheimer’s Research UK says dementia now costs the UK economy £23bn per year – twice as much as…
  • How to make flexible working work for your small business

    11 Aug 2014 | 6:42 am
    Almost all employees in every business now have a right to request flexible hours. You of course have the right to decline, for one of eight allowable reasons. But there are often many business benefits to be had from flexible working. Initially we introduced flexible working to attract programmers. They are really hard to recruit and we identified it as something that would help us attract the best candidates. We thought it would appeal to their tendency to work late mornings and into the night, and after weighing up the costs, we discovered that with a simple IT system, staff could…
  • Age discrimination isn’t the key reason why record numbers of over 50s are starting their own business

    Mark Williams
    4 Aug 2014 | 2:18 am
    Providing £35,000 can be raised via creative project crowdfunding platform Kickstarter, “Britain's first national debate and exhibition to discover the value in society in which people are living and working longer” – THE AGE OF NO RETIREMENT? – will take place at The OXO Tower in London from 1-6 October 2014. According to the organisers: “We’re used to hearing about the ‘demographic time bomb’, the ‘baby boomers’ who stole our prosperity and the unsustainable cost of the ever-growing older generation. But, people are now living longer, healthier and more productively. So…
  • Claiming on your professional indemnity insurance

    28 Jul 2014 | 7:58 am
    For business that offer specialist services or advice, professional indemnity (PI) insurance is a lifesaver. It covers claims made against you by people who allege a problem in your work has cost them money. As well as compensating the unhappy individual, your PI insurance will also cover any legal fees. Sounds simple enough but to many businesses, making a professional indemnity insurance claim is a murky subject. Here’s what you need to know. Who can make a claim against you? Anyone. But it’ll mostly be your clients. This is usually because they’re genuinely unhappy with your work,…
  • Why you should make a will

    21 Jul 2014 | 4:37 am
    Believe it or not, a will is extremely important. If you have not written one yet, here is why you should do so as soon as possible. If you die without a writing a will you are considered to have died “intestate”. This means the law decides how your estate is passed on – even though it may not be what you wanted. Intestacy rules If you pass away before your spouse and children your personal possessions and all assets valued up to £250K goes to your surviving spouse or registered civil partner and everything else is split equally between your spouse and your children. However, your…
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    Colorado Construction Litigation

  • David M. McLain, Esq. to Speak at the 2014 CLM Claims College

    David M. McLain
    12 Aug 2014 | 9:38 am
    David McLain will be a speaker at the School of Construction.  The Claims College will be held from September 7-10 in Philadelphia, Pennsylvania.  Mr. McLain is a founding member of Higgins, Hopkins,McLain & Roswell, LLC, a firm which specializes in construction law and construction litigation throughout Colorado.  Mr. McLain received his undergraduate degree from Colorado State University, graduating cum laude, and his law degree from the University of Denver, College of Law.  Mr. McLain completed the Claims and Litigation Management Alliance Litigation Management…
  • When Can a General Contractor’s Knowledge be Imputed to a Developer?

    David M. McLain
    31 Jul 2014 | 1:53 pm
    The Colorado Court of Appeals recently handed down an opinion clarifying when the knowledge of a general contractor can be imputed to a developer. In the case of Jehly v. Brown, 327 P.3d (Colo. App. 2013), the Court of Appeals held that a developer cannot be held liable for fraudulent concealment when the developer has no actual knowledge of the fact or facts allegedly being concealed even if the general contractor had knowledge.In this case, Brown, the developer, owned real property in Teller County and hired a general contractor to build a single-family house. Sometime before or during the…
  • Taylor Morrison v. Terracon and the Homeowner Protection Act of 2007

    David M. McLain
    10 Jun 2014 | 8:00 am
    On January 30, 2014, the Colorado Court of Appeals decided the case of Taylor Morrison of Colorado, Inc. v. Bemas Construction, Inc. and Terracon Consultants, Inc. 2014WL323490. The case addressed a substantial issue of Colorado constitutional law, as well as a variety of procedural issues of potential importance to construction litigation attorneys.  Of particular interest is the question of whether the provisions of the 2007 Homeowner Protection Act (“HPA”) are limited in application to contracts between residential homeowners and construction professionals, or whether they have…
  • Builder’s Be Wary of Insurance Policies that Provide No Coverage for Building: Mt. Hawley Ins. Co v. Creek Side at Parker HOA

    Nancy B.
    30 Apr 2014 | 11:05 am
    On the heels of a recent order regarding coverage under a Comprehensive General Insurance policy issued by Mt. Hawley Insurance Company (“Mt. Hawley”), builders should be very wary of CGL policies providing no coverage for property damage.On January 8, 2013, District Court Judge R. Brooke Jackson granted a motion for declaratory judgment filed by Mt. Hawley.  The order states that the subject insurance policies issued by Mt. Hawley to Mountain View Homes II, LLC (“MV Homes”), the builder developer of the Creek Side at Parker development (the “Project”), did not provide…
  • Introduction of the Construction Defects Bill Has Been Stalled! Call or Email Senate & House Leadership Today!

    David M. McLain
    17 Apr 2014 | 8:45 pm
    Defenders of the failed status quo are fighting common-sense legislation that would take a first step to protect condominium and townhome owners from unexpected, costly and burdensome litigation – that they want no part of but get swept up into.  They are attacking improvements to the current legal environment that has caused construction of attainably-priced condos & townhomes to grind to a halt.If you want:Attainable for-purchase condominiums and townhomes to be built in ColoradoExisting homeowners to have the right to be informed and to vote on potential lawsuits affecting their…
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    Accellis Technology Group

  • Review of MetaJure Document Management System

    John H. Roth II
    6 Aug 2014 | 1:33 pm
    More law firms are recognizing the gains to be had by investing in a document management system. Document management enables firms to electronically store, retrieve, manage, and deliver business documents. But not all document management systems are created equally.  In this post, I’ll review one of the newer entrants to the marketplace, MetaJure, a product that takes a completely different approach to document management when compared to standard systems. The lawyers and staff in most law firms share a common problem: successfully searching for important information and sharing documents.
  • How Secure is Your IT Network? [Quiz]

    Accellis Technology Group
    24 Jul 2014 | 6:46 am
    In 2011, the Federal Bureau of Investigations organized meetings with top law firms in the US to highlight the computer security threats and the very real risk of cyber-crimes against their firms. While many of the top law firms have made strides to better protect their data, many small to mid-sized firms still do not fully understand the risks and implications of failing to adequately protect their rich repositories of personal information and intellectual property. This interactive quiz is designed to provide you with a high-level assessment of your firm’s security capabilities. Find out…
  • Client Spotlight: Nicola, Gudbranson and Cooper, LLC.

    Accellis Technology Group
    21 Jul 2014 | 6:00 am
    Gloria L. MerrittNicola, Gudbranson & Cooper, LLC We’ve had the pleasure of working with Gloria Merritt at Nicola Gudbranson & Cooper, LLC since 2010. Nicola Gudbranson & Cooper, LLC provides legal solutions to business owners and executives, professionals, and governmental entities throughout the State of Ohio. We were delighted to chat with Gloria for today’s Client Spotlight! What is your role? Office Manager at Nicola, Gudbranson and Cooper, LLC. What is your favorite part of your job? I honestly have to say I thoroughly enjoy the variety my job affords me. On any given…
  • Cyber Security Threats to Small and Mid-Sized Firms: Why Now?

    Joseph Marquette
    14 Jul 2014 | 10:46 am
    With all the discussion lately about law firm security and the expectations for increased diligence in protecting your data, it’s understandable that many firms are asking – why now? In this post, we’ll review the growing importance of cyber security, why law firms are vulnerable to attacks, and the obligation they have to their clients in the event of a security breach. Why are we hearing so much about law firm cyber security these days? What has changed in such a way that firms now have to spend time and money dealing with something that was seemingly a non-issue a year ago? The…
  • Client Spotlight: Gabriel Partners, LLC

    Accellis Technology Group
    7 Jul 2014 | 5:43 am
    John EllisGabriel Partners, LLC Today we’re continuing with our Client Spotlight series where we feature some of the superb people our technicians work with every day. We got together with John Ellis of Gabriel Partners LLC. Gabriel Partners provides financial and risk analytics, intelligence and advice to financial institutions including banking private equity, insurance and securities firms, law practices, corporations and governments both domestically and globally. What is your role? I am a part-owner of Gabriel Partners LLC. My role is to help manage its bank compliance outsourcing…
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    CFTC LAW | Forex, Futures and Derivatives Regulatory News

  • FIA Sets Forth Five Core Principles in Enhancing CFTC Market Surveillance

    Reuben Levavi
    8 Aug 2014 | 9:20 am
    FIA Sets Forth Five Core Principles in Enhancing CFTC Market SurveillanceIn a response to a request by the CFTC’s Technology Advisory Committee for comment on how best to develop a 21st century surveillance system, the Financial Industry Association (FIA) and the FIA Principal Traders Group submitted a comment letter this week setting forth five core principles for modernizing market surveillance. In the comment letter, Walt Lukken, president and CEO of the FIA, urged the CFTC to rely heavily on existing resources moving forward, even as it “leverage[s] the evolving and changing…
  • Massad Says CFTC Hampered by Budget Constraints

    Reuben Levavi
    6 Aug 2014 | 12:07 pm
    Massad Says CFTC Hampered by Budget ConstraintsRecently appointed CFTC Chairman Tim Massad announced last week that there were “a lot of things” he would like to do to continue the CFTC’s goal of regulating financial markets, but that he is held back by strict congressional budget constraints. Referring to the CFTC’s role in promulgating regulations under Dodd-Frank, Massad pointed out, “Our budget hasn’t really increased very much, and yet we were given vastly expanded responsibilities in terms of the markets we cover.” Pointing to a shortfall in staff necessary to carry…
  • O’Malia Urges Regulators to “Do No Harm”

    Reuben Levavi
    28 Jul 2014 | 11:30 am
    O’Malia Urges Regulators to “Do No Harm”In a keynote address last week at the Federal Reserve Bank of New York, CFTC Commissioner Scott O’Malia issued a stern warning to financial regulators in the United States and abroad that market fragmentation could have grave consequences on the world financial system. Borrowing a line from the principles that guide medical ethics, O’Malia urged regulators to “Do no harm” in enacting regulations. “Where our rules have proven unworkable” he continued, “it is incumbent upon us to fix them.” Taking the medical analogy further,…
  • CFTC Delays Enforcement of Reporting for Cleared Swaps

    Reuben Levavi
    3 Jul 2014 | 8:01 am
    CFTC Delays Enforcement of Reporting for Cleared SwapsThe CFTC’s Division of Market Oversight this week granted no-action relief from certain requirements applicable to swap dealers and major swap participants regarding the reporting of swap transactions to swap data repositories. The no-action relief, issues June 30, 2014, extends previous no-action relief regarding the reporting of valuation data reporting of cleared swaps. Under section 2(a)(13)(G) of the Commodity Exchange Act and part 45 of the CFTC’s regulations, reporting counterparties must submit both creation data…
  • Congresswoman Urges Review of Bank Guarantees of Offshore Affiliates

    Reuben Levavi
    16 Jun 2014 | 9:57 am
    Congresswoman Urges Review of Bank Guarantees of Offshore AffiliatesMaxine Waters, ranking member of the House Financial Services Committee, urged the CFTC this week to begin investigating the offshore actions of Wall Street banks in avoiding certain mandates set forth in the Dodd-Frank Act. In a letter to Timothy Massad, the CFTC’s recently-confirmed chairman, Representative Waters criticized the removal by banks of parent guarantees from overseas affiliates, which allows banks to trade in the interdealer market while skirting Dodd-Frank restrictions aimed at increasing price…
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    The Litigation Consulting Report

  • Storytelling at Trial - Will Your Story Be Used?

    Ryan Flax
    21 Aug 2014 | 8:00 am
      by Ryan H. Flax, Esq.Managing Director, Litigation ConsultingA2L Consulting In my last post, I discussed the importance of every trial lawyer of developing a two-track procedure in every trial – one track that focuses on developing a convincing story that jurors can instinctively relate to, and one track that focuses on building a record of law and facts for a possible appeal. The first thing that every trial lawyer must do is recognize this two-track necessity and begin to immediately develop case themes around key facts. It’s essential to work as a team to identify your story and…
  • Planning For Courtroom Persuasion? Use a Two-Track Trial Strategy

    Ryan Flax
    20 Aug 2014 | 10:27 am
      by Ryan H. Flax, Esq.Managing Director, Litigation ConsultingA2L Consulting How early in the litigation process should you think about how a jury will react to your case, your client, or you? When should you begin to develop your case themes and storylines? Which is more important to your chances of winning a trial – having a compelling story to tell, or bringing in solid evidence under the law? Here’s an easy one: When you get to the appeal, would you rather be writing the red or blue brief (hint: it’s the red one for respondents)? What I encourage in this article will seem…
  • 12 Ways to Eliminate "But I Need Everything On That PowerPoint Slide"

    Ken Lopez
    8 Aug 2014 | 9:00 am
      by Ken LopezFounder/CEOA2L ConsultingHave you ever heard any of the following during a PowerPoint presentation? "It may be hard to make out the details of this slide." "I'm not sure if you can read this in the back of the room." "In case you can't read this, let me read it for you." "I know there is a lot on this slide, but bear with me." "Let me try to zoom in on this part of the slide [proceeds to fumble with remote]" Of course you have heard these apologetic statements. If you are in the business world, you have probably heard them all. However, there is never an excuse to say these…
  • 10 Things Litigation Consultants Do That WOW Litigators

    Ken Lopez
    30 Jul 2014 | 1:38 pm
      by Ken LopezFounder/CEOA2L Consulting As CEO of a litigation consulting firm offering litigation graphics consulting services, jury consulting services and trial technology support services, I hear the word "wow" quite often from A2L's clients, and I know our talented competitor firms hear the same. Usually, when I hear it, someone has wildly exceeded a client's expectations, one of our people came through in a pinch or someone on our team went without sleep for even longer than the litigator. Whatever the reason for the "wow," I'm thrilled to hear it since it means we've truly…
  • Mock Trials: Do They Work? Are They Valuable?

    Ken Lopez
    29 Jul 2014 | 8:31 am
    by Elise Jefferson, M.A.A2L Consulting One might think it would be easy to run an experiment that could definitively conclude that mock trials are effective at predicting the outcome of a trial. If one could, it would solidify the value of mock trials in the eyes of litigators and consultants, and it would make mock trials a nearly mandatory part of the trial preparation process. However, like many areas of trial preparation, mock jury trials are complex and involve an almost infinite number of variables. Because of this, it can be difficult to isolate a single dependent variable for study,…
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    New Jersey Injury Attorney Blog

  • Two Women Killed in New Jersey Crash

    5 Aug 2014 | 9:14 am
    Two women were killed and six others were injured in a New Jersey car accident involving a car and a truck. According to a news report in The New York Times, the fatal car accident occurred in the southbound lanes of the Garden State Parkway in Stafford Township. It is unclear from the report as to what led to the collision. The fatally injured women were in the front seat of the car. A boy and a girl, who were also passengers, were flown by helicopter to Atlantic City in serious condition. A man, a woman, a boy, and a girl in the pickup sustained relatively minor injuries. The investigation…
  • Motorcyclist Critically Injured in New Jersey Crash

    1 Jul 2014 | 12:42 pm
    A 73-year-old Flanders man is in critical condition after he was injured in a New Jersey motorcycle accident. According to a news report in The New Jersey Herald, the motorcycle crash occurred on Route 206 near the Harmony Lodge in Andover Township. Officials say a 38-year-old woman stopped to turn left when her 2013 Ford Escape was struck in the rear by a 1999 BMW motorcycle. The rider was ejected, critically injured, and airlifted to a nearby hospital. The driver of the SUV was treated and released. An investigation is underway to determine the cause of the crash. Motorcycles provide little…
  • Preventing Bicycle Accident Injuries This Summer

    24 Jun 2014 | 12:34 pm
    Summertime is a great time to get around New Jersey on your bike. You can stay fit, have fun, and save money. However, bicycling in New Jersey can prove dangerous if you are not careful. Make sure you always wear a helmet and exercise safe riding habits. Here are a few tips to help you stay safe when riding this summer: Increase your visibility. Under New Jersey law, all riders at night are required to have a front headlamp that emits a white light, a rear lamp with a red light, and a red rear reflector. Whether you are on your bike at night or during the day, you should wear bright clothes…
  • New Jersey’s Weirdest Historical Tourist Attractions

    28 May 2014 | 3:12 pm
    History buffs have a lot to love in New Jersey. One of the thirteen original colonies, the state’s reputation as the “Crossroads of the American Revolution” is founded on battlefields, historical houses, and other sites that preserve and recreate our nation’s past. But it’s also home to some slightly weirder historical preservations. If you’ve seen the battlefields and can’t stand the thought of one more day at a museum, try checking out these offbeat historical finds: 1. Alexander Hamilton’s Death Rock Alexander Hamilton, the Founding Father whose face graces the $10 bill, is…
  • Woman Killed in Gloucester County DUI Crash

    9 May 2014 | 10:35 am
    A 74-year-old woman was killed in a Gloucester County car accident, which officials say involved a suspected drunk driver. According to a WPVI news report, the fatal DUI crash occurred at the intersection of Holly Avenue and Lambs Road in Mantua. Officials say a 38-year-old woman was intoxicated when she crashed her Mercedes Benz into the passenger side of a Buick LeSabre. The 76-year-old driver of the Buick was injured and his wife was killed. The driver of the Mercedes was jailed and charged with vehicular homicide. According to the National Highway Traffic Safety Administration (NHTSA),…
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    The Ledger Law Firm

  • Motorcycle Accidents Causes and Statistics

    21 Aug 2014 | 9:30 am
    Sponsored by the National Highway Traffic Safety Administration, the ‘Motorcycle Crash Causes and Outcomes: Pilot Study” is a detailed reporting on the causes and statistics regarding motorcycle crashes in the United States. The majority of accidents continue to involve automobiles, however the percentage of motorcycles involved has continued to rise since the late 90′s. Along with the rising in involvement, there has also been an increase in motorcycle fatalities. In two-vehicle accidents, one report found a staggering 85% fatality rate for motorcyclists. Among the causes for…
  • My Life Goal = To Be A Hero To My Children

    18 Aug 2014 | 10:33 pm
    Fifteen years ago, I was sitting at my computer, wedged between a steaming coffee maker to my left and my fledgling law firm’s first associate three feet to my right. Today I’m humbled to have 10,000 square feet working alongside the best lawyers and paralegals in the world. It is now time for me to give back. I’m conservative on some issues and liberal on others, but high-minded about them all. I will always be politically active, but have no desire to be a political activist; striving instead to find Veritas Aequitas. -Emery Ledger
  • Pedestrian Accident Statistics in Victorville California

    17 Aug 2014 | 8:04 pm
    Every year in the United States, thousands of injuries and fatalities occur due to pedestrian accidents. According to the California Department of Public Health, 254 pedestrian fatalities occurred in the Victorville area from 2007 through 2012. In addition, 1,645 pedestrians sustained non-fatal injuries. There are high numbers that reveal a huge safety concern for pedestrians in the Victorville area. What’s causing these high numbers of pedestrian accidents? While pedestrians may not be using crosswalks properly or just not looking out for oncoming cars, there are a number of other reasons…
  • Auto Accidents – Protecting Yourself From The Dirty Tricks Of Insurance Companies

    12 Aug 2014 | 11:22 am
    When you meet with an accident, number of people and institutions automatically get involved in this event. Starting with yourself, the opposite party that was involved in the accident, Police, witnesses, your insurance company, the healthcare facility, law firm that assists you and so on. Each of these players have their own role to play in the events that unfold as an aftermath of the accident. One of the players that is not going to be happy about the whole scenario is the insurance company. They come under great pressure whenever there is an accident because they will have to pay the…
  • Auto Accident – Five Important Things That You Should Do

    6 Aug 2014 | 8:32 am
    No one looks forward to auto accidents; such events hit us in the least expected moments of our life. Our unpreparedness is what makes things very challenging to handle. Even though no one wants to think about such unfortunate things happening to us or to any of our family members or friends, it is good to know how to go about dealing with such mishaps. It is important that you do not panic; it is easier said than done. Here are five important things that you should do when you happen to be in an accident scenario. #1 Report To The Police Immediately If you do not want to get into any legal…
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    Wexler Wallace Law Firm Blog

  • Following the Proof, Post-Wal-Mart

    Thomas Doyle, Of Counsel
    18 Aug 2014 | 8:16 am
              In the three years since the Supreme Court issued its decision in Wal-Mart Stores Inc. v. Dukes, 131 S.Ct. 2541 (2011), lawyers representing workers in class actions have faced a recurring theme from defendants: employers
  • Two Minutes for Discriminating: The Newest Penalty for Federally-Contracted Companies

    Kerri Feczko, Law Clerk
    15 Aug 2014 | 8:50 am
    Consumers and workers rejoice while large corporations wallow. Just two weeks ago, President Barack Obama signed an executive order that not only tackles labor law-breaking companies, but also prohibits mandatory arbitration to settle workplace discrimination and civil rights grievances. The
  • Time to Block “Glocks vs. Docs”

    Tania Yusaf, Associate
    8 Aug 2014 | 8:52 am
    At a time when gun violence is running rampant in Chicago and across the nation, I am floored by the 11th Circuit’s decision to vacate an injunction against enforcement of Florida’s Firearm Owners Privacy Act (“Act”).[1] The Act, also known
  • The Latest Fight Over the State-Action Antitrust Immunity Doctrine

    Justin Boley, Associate
    5 Aug 2014 | 8:40 am
    Last week, the Federal Trade Commission (“FTC”) submitted its brief urging the Supreme Court to deny antitrust immunity to the North Carolina State Board of Dental Examiners (“Board”).  Years ago, the Board had barred non-dentists from providing teeth-whitening services, prompting
  • Victims With No Redress: The Recent Rise and Fall of Data Breach Class Actions

    Dawn Goulet, Associate
    24 Jul 2014 | 2:50 pm
    Earlier this week, the e-commerce website e-Bay was sued in federal court in Louisiana for allegedly failing to implement adequate security measures to protect the identities of its millions of customers.  e-Bay announced in May that there had been unauthorized
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    Pam Woldow's At the Intersection

  • Cutting Corners and the Question of Quality

    Pam Woldow & Doug Richardson
    18 Aug 2014 | 3:17 pm
    As you might expect, proponents of Legal Project Management (LPM), Legal Process Improvement (LPI) and other approaches for driving greater efficiency and value into legal service delivery get a lot of blow-back.  One of the more common gripes we hear is that “LPM encourages corner-cutting.” Two Ways to Complain In fact, in this form the complaint puts rather too blunt a point on the issue. So let’s be more precise: the substance of the corner-cutting charge actually derives from two quite distinct allegations. One, driven by market competition, might be labeled the “my competitors…
  • Plugging Profitability Leaks: A Simple Tip for Great Delegation

    Pam Woldow & Doug Richardson
    22 Jun 2014 | 6:04 pm
    UPDATE: This article won the BigLaw Pick of the Week award! We’ve long known that vague, incomplete or misunderstood instructions from partners to associates is a prime source of profitability leaks — revenue lost because of all the time spent on reinventing the wheel, because  of do-overs, and because of significant amounts of time written down or eventually written off.    We’ve also long known that an amazingly simple delegation improvement technique can help reduce write-downs of time by up to 18%. The Trick Anyone Can Master What is this marvelous magic trick?  Whenever…
  • How You’ll Know When Your Firm’s Been Fired

    Pam Woldow & Doug Richardson
    6 May 2014 | 5:43 pm
    UPDATE: This article won the BigLaw Pick of the Week award! I sat in on a meeting recently when a major corporation’s General Counsel, CFO, and COO made the unanimous decision to fire a law firm that had been serving the company for over two decades. There had been no catastrophic we-bet-the-company-and-lost kind of screw-up, no egregious failure of expertise, no utterly dropped balls — just steadily increasing client dissatisfaction. This firm was shown the door solely on the basis of the same five-count indictment that has become increasingly common:   Too many surprises Too…
  • DISPATCH TO MANAGING PARTNERS: 5 Key Observations on Law’s Tectonic Shifts

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

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

  • "Can I be convicted of DUI if I blow less than .08?"

    Chuck Peterson
    11 Aug 2014 | 9:49 pm
     This weekend I received an inquiry from someone who had been convicted after the judge instructed the jury it could find him guilty of DUI even if it did not find he had a breath alcohol level above .08%. He complained that by instructing the jury on the alternate theory - that his driving pattern established he was operating a motor vehicle while under the influence of drugs or alcohol - the Court had insured he would lose! Had it? There are two ways to convict a person of DUI - either proof beyond a reasonable doubt that the defendant's blood alcohol concentration was higher than…
  • Zach Neagle is Free - Now He Must Work to Stay Free

    Chuck Peterson
    7 Aug 2014 | 4:17 pm
     Back in June of 2009, I posted that Zachary Neagle had become a client. He was charged with murder - having shot his father in the head as he was asleep on a couch in their home. The case presented the ultimate challenge; convincing folks that Zach killed his father to protect his younger brother and sister from the sexual assaults he had been subjected to. Zach was charged as an adult, but the picture shows just how juvenile he was, wrapped in chains and clad in a yellow jumpsuit. He was just a kid. Idaho law provided that if Zach went to trial and lost - a jury not believing he had to…
  • THERE ARE NO SMALL CASES! Hire a lawyer for that misdemeanor charge and go to trial!

    Chuck Peterson
    23 Jul 2014 | 4:21 pm
     Attorney Will Young, an associate at Peterson Lawyers writes todays post on misdemeanor cases. So, you have been charged with a misdemeanor. You are probably feeling overwhelmed, nervous, and at least a little bit confused about the process ahead of you. What Is A Misdemeanor? A misdemeanor is defined as any “lesser criminal act.” Misdemeanors are punished less severely than a felony, generally including any crime punishable with jail time for one year or less (with some exceptions). This includes: petty theft, simple assault, disturbing the peace, trespass, vandalism,…
  • Our New DUI Website is up - DUI in Idaho

    Chuck Peterson
    22 Jul 2014 | 12:00 pm
     We have been working on a new site specifically designed to provide more information for folks charged with driving under the influence of drugs or alcohol - DUI. Click here to visit the site and learn even more about DUI in Idaho. The site is a work in progress, but it may help answer your questions with respect to this serious charge.  And if you need to talk - give us a call.     
  • Idaho State Police stop to check on temporary license gets tossed!

    Chuck Peterson
    29 Jun 2014 | 1:17 pm
     Ever wonder why every drug arrest begins with a traffic stop? Because all too often the police stop first and provide some reason later! If the drug task force decides to effect an arrest, they call the ISP or locals and have them do a traffic stop. Then, they give a "reason" for the stop - a reason that is simply a pretext. They didn't stop that car because it was "weaving," they stopped it because a drug task force officer wanted it stopped.  Occasionally the same is true of those "after 2:00 am" stops of cars leaving the downtown corridor. Bars,…
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    New Jersey Injury Attorney Blog

  • Two Women Killed in New Jersey Crash

    5 Aug 2014 | 9:14 am
    Two women were killed and six others were injured in a New Jersey car accident involving a car and a truck. According to a news report in The New York Times, the fatal car accident occurred in the southbound lanes of the Garden State Parkway in Stafford Township. It is unclear from the report as to what led to the collision. The fatally injured women were in the front seat of the car. A boy and a girl, who were also passengers, were flown by helicopter to Atlantic City in serious condition. A man, a woman, a boy, and a girl in the pickup sustained relatively minor injuries. The investigation…
  • Motorcyclist Critically Injured in New Jersey Crash

    1 Jul 2014 | 12:42 pm
    A 73-year-old Flanders man is in critical condition after he was injured in a New Jersey motorcycle accident. According to a news report in The New Jersey Herald, the motorcycle crash occurred on Route 206 near the Harmony Lodge in Andover Township. Officials say a 38-year-old woman stopped to turn left when her 2013 Ford Escape was struck in the rear by a 1999 BMW motorcycle. The rider was ejected, critically injured, and airlifted to a nearby hospital. The driver of the SUV was treated and released. An investigation is underway to determine the cause of the crash. Motorcycles provide little…
  • Preventing Bicycle Accident Injuries This Summer

    24 Jun 2014 | 12:34 pm
    Summertime is a great time to get around New Jersey on your bike. You can stay fit, have fun, and save money. However, bicycling in New Jersey can prove dangerous if you are not careful. Make sure you always wear a helmet and exercise safe riding habits. Here are a few tips to help you stay safe when riding this summer: Increase your visibility. Under New Jersey law, all riders at night are required to have a front headlamp that emits a white light, a rear lamp with a red light, and a red rear reflector. Whether you are on your bike at night or during the day, you should wear bright clothes…
  • New Jersey’s Weirdest Historical Tourist Attractions

    28 May 2014 | 3:12 pm
    History buffs have a lot to love in New Jersey. One of the thirteen original colonies, the state’s reputation as the “Crossroads of the American Revolution” is founded on battlefields, historical houses, and other sites that preserve and recreate our nation’s past. But it’s also home to some slightly weirder historical preservations. If you’ve seen the battlefields and can’t stand the thought of one more day at a museum, try checking out these offbeat historical finds: 1. Alexander Hamilton’s Death Rock Alexander Hamilton, the Founding Father whose face graces the $10 bill, is…
  • Woman Killed in Gloucester County DUI Crash

    9 May 2014 | 10:35 am
    A 74-year-old woman was killed in a Gloucester County car accident, which officials say involved a suspected drunk driver. According to a WPVI news report, the fatal DUI crash occurred at the intersection of Holly Avenue and Lambs Road in Mantua. Officials say a 38-year-old woman was intoxicated when she crashed her Mercedes Benz into the passenger side of a Buick LeSabre. The 76-year-old driver of the Buick was injured and his wife was killed. The driver of the Mercedes was jailed and charged with vehicular homicide. According to the National Highway Traffic Safety Administration (NHTSA),…
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    Simmons & Fletcher » Blog

  • Litigating Dog Bites in the State of Texas

    Paul Richardson
    7 Aug 2014 | 6:00 am
    Dog bites are a serious matter of public concern, costing the insurance industry about $104 million in 2013. Though a number of states have implemented laws and regulations aimed at preventing this problem, incidents continue to occur, resulting in physical, …The post Litigating Dog Bites in the State of Texas appeared first on Simmons & Fletcher.
  • Texas Counties Seeking Help with Eagle Ford Road Repairs

    Paul Richardson
    31 Jul 2014 | 5:37 am
    The state of Texas collects billions of dollars in royalties from Eagle Ford Shale drillers. This money is significantly beneficial to the state, but a recent report explains that this monetary gain is not being equitably shared with the counties. …The post Texas Counties Seeking Help with Eagle Ford Road Repairs appeared first on Simmons & Fletcher.
  • Summer Trucking Concerns in the Eagle Ford Shale

    Paul Richardson
    24 Jul 2014 | 12:38 pm
    Summer is an optimum time for highway travels. Weekend road trips, along with family vacations, significantly increase the number of drivers on local and interstate roads. While these hot and humid months are already more dangerous for drivers, those who …The post Summer Trucking Concerns in the Eagle Ford Shale appeared first on Simmons & Fletcher.
  • Organization Hopes to Empower Eagle Ford Residents

    Paul Richardson
    17 Jul 2014 | 9:19 am
    South Texas counties are significantly impacted by the Eagle Ford Shale, in both positive and negative ways. In the midst of substantial economic gains, environmental and health concerns abound. But some Eagle Ford residents are finding a voice to fight …The post Organization Hopes to Empower Eagle Ford Residents appeared first on Simmons & Fletcher.
  • Opportunities Abound for Medical Providers in Eagle Ford

    Paul Richardson
    11 Jul 2014 | 7:29 am
    The need for remote medical care and risk management services are fueling opportunities for medical companies in the Eagle Ford Shale area of Texas. According to an article in the business newsletter, Columbus CEO, these businesses are finding work …The post Opportunities Abound for Medical Providers in Eagle Ford appeared first on Simmons & Fletcher.
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    Loyalty Law

  • Three UK Cycling Activists Worth Your Attention
    15 Aug 2014 | 5:37 am
    Cycling facilities in the UK are infamous for being poor quality. From Coronation Road in Bristol to central London, cycling path fails are ubiquitous in this country, and there’s a...
  • Five Simple Procedures Every New Bike Owner Should Learn
    24 Jul 2014 | 3:14 am
    There are many bikes out there that are really suffering. Whether they’ve got rusty gears, ancient chains or are just in need of a good scrub, the typical bicycle commuter...
  • Top Ten Cycling Path Fails
    18 Jul 2014 | 8:25 am
    Cycling paths are a great idea, but implementation is all. No-one gets credit for trying and making things worse. It often seems like city planners are actively trying to sabotage...
  • Top Five Helmet Cameras For Road Cyclists
    16 Jul 2014 | 8:02 am
    As a cyclist, you have to be aware of the dangers around you.  It’s unfair, but that’s just the way road traffic currently works. As a cyclist, you are much...
  • 18 Reasons Farming Is The Least Safe Profession
    4 Jul 2014 | 8:21 am
    People are often surprised to learn that farming is one of the most dangerous professions, perhaps imagining sedate country estates and idyllic rural scenes. The truth is that farming is...
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    Palmer Law Firm

  • Ralph Palmer Named Super Lawyer for 15th Consecutive Year

    28 Jul 2014 | 6:52 am
    For the 15th consecutive year, Ralph Palmer has been named a Super Lawyer.  Mr. Palmer has a broad background in the area of Minnesota and Wisconsin personal injury law. He has handled wrongful death claims, fall down cases, and liquor liability claims, with an emphasis on representing Plaintiffs in automobile/motorcycle type accidents.If you have been injured, contact Mr. Palmer today to schedule a free consultation.The post Ralph Palmer Named Super Lawyer for 15th Consecutive Year appeared first on Palmer Law Firm.
  • Eric Palmer Named Rising Star for 2014

    23 Jul 2014 | 8:58 am
    For the third year in a row, Eric Palmer has been named a Rising Star by Super Lawyers for 2014.The title of Rising Star is given to attorneys that are under the age of 40, and have practiced for fewer than 10 years.  Less than 2.5% of attorneys within the State of Minnesota are recognized as a Rising Star.  The selection process includes peer review and a strenuous final selection process undertaken by the Super Lawyers organization.Eric primarily focuses his legal practice on helping individuals that have been injured in Minnesota car accidents.  Eric offers personable, approachable…
  • Outreach: Henry Knoof

    23 Jul 2014 | 5:18 am
    The post Outreach: Henry Knoof appeared first on Palmer Law Firm.
  • NHTSA’s Ad Campaign: U Drive. U Text. U Pay.

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

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

  • Venture Capital Term Sheet Negotiation — Part 13: Drag-Along Rights

    Casey W. Riggs
    19 Aug 2014 | 3:55 pm
    This post is the thirteenth in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior twelve posts, we provided an introduction to negotiation of the term sheet and discussed binding and non-binding provisions, discussed valuation, cap tables, and the price per share, discussed dividends on preferred stock, explained how liquidation preferences work, discussed the conversion rights and features of preferred stock, examined voting rights and investor protection provisions, analyzed anti-dilution provisions,…
  • Venture Capital Term Sheet Negotiation — Part 12: Preemptive Rights

    Alexander Davie
    7 Jul 2014 | 1:50 pm
    This post is the twelfth in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior eleven posts, we provided an introduction to negotiation of the term sheet and discussed binding and non-binding provisions, discussed valuation, cap tables, and the price per share, discussed dividends on preferred stock, explained how liquidation preferences work, discussed the conversion rights and features of preferred stock, examined voting rights and investor protection provisions, analyzed anti-dilution provisions,…
  • Is it time for the JOBS Act, Part Two?

    Alexander Davie
    30 Jun 2014 | 3:26 pm
    When the JOBS Act was passed, a lot of people hoped that it would de-regulate startup finance, resulting in a boom of new startups being funded.  Through repealing the ban on general solicitation, allowing online angel investment platforms, creating the new “Regulation A+,” and allowing equity crowdfunding, the JOBS Act was supposed to make funding startups considerably easier.  But there have been some significant bumps in the road.  First, in my view, the equity crowdfunding exemption that was included in the bill was unworkable from the beginning. That continues to be true under the…
  • Venture Capital Term Sheet Negotiation — Part 11: Management and Information Rights

    Casey W. Riggs
    29 Jun 2014 | 11:29 am
    This post is the eleventh in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior ten posts, we provided an introduction to negotiation of the term sheet and discussed binding and non-binding provisions, discussed valuation, cap tables, and the price per share, discussed dividends on preferred stock, explained how liquidation preferences work, discussed the conversion rights and features of preferred stock, examined voting rights and investor protection provisions, analyzed anti-dilution provisions,…
  • Venture Capital Term Sheet Negotiation — Part 10: Registration Rights

    Alexander Davie
    7 May 2014 | 12:05 pm
    This post is the tenth in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior nine posts, we provided an introduction to negotiation of the term sheet and discussed binding and non-binding provisions, discussed valuation, cap tables, and the price per share, discussed dividends on preferred stock, explained how liquidation preferences work, discussed the conversion rights and features of preferred stock, examined voting rights and investor protection provisions, analyzed anti-dilution provisions, looked…
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    Arizona Criminal Law & Defense Blog

  • Coming to Super Bowl XLIX: What are the Arizona DUI Laws?

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

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

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

    14 Mar 2014 | 2:57 pm
    In the Phoenix area or anywhere else in the state of Arizona, as per A.R.S. §13-2310, the crime of fraudulent schemes is committed when an individual creates a scheme or artifice to defraud, which involves the attempt to defraud knowingly and when they receive a benefit as a result. A scheme or artifice to defraud means that a person intended to gain an unfair benefit or that another person was deprived of the right of honest services. For a defendant to be convicted of this crime, it is not necessary that the individual who was defrauded actually relied on said fraud. Here is a short video…
  • The Dangers of File Sharing and Peer to Peer Networks

    12 Feb 2014 | 7:51 am
    File sharing has been a big part of the counter-culture of legal and illegal music and movie downloads in the United States. Many file sharing programs that allowed the free flow of copyrighted files like Limewire, Napster, Bearshare, Frostwire, and the like have long been shut down by the U.S. Government (or switched their business models), but new software springs up all the time. For example, as soon as Limewire was shut down, Frostwire came out and today the most prevelant Peer to Peer software of today is bit Torrent. The cycle keeps repeating as bit torrent sites like The Pirate Bay,…
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    Oklahoma Personal Injury Blog

  • Lenapah Motorcyclist Killed in Catoosa Collision

    Maples Law Firm
    18 Aug 2014 | 2:08 pm
    A 50-year-old Lenapah man was killed in an Oklahoma motorcycle accident involving a front-end loader. According to a KJRH news report, the fatal motorcycle crash occurred on Bird Creek near a gravel service road in Catoosa. Officials say the motorcyclist was traveling northbound when he collided with a front-end loader that was in the process of turning. reports that the victim was not wearing a helmet. He was pronounced dead at the scene. The driver of the front-end loader was not hurt. Under Oklahoma Statute 47-12-609 (B), only motorcycle operators and passengers who are under 18…
  • Nine Injured in Oklahoma City Bus-Truck Collision

    Maples Law Firm
    11 Aug 2014 | 10:19 am
    Nine people were injured in an Oklahoma City traffic accident involving a collision between a Greyhound bus and a semi truck. According to a News 9 report, the truck and bus accident occurred on I-40 eastbound just west of the Amarillo junction in Oklahoma City. Officials have not released information regarding what caused the bus and truck to collide. All nine of the injured victims were transported to nearby hospitals with minor injuries. It is unclear how the accident could have been prevented or if anyone will face charges for the crash. Many Oklahoma residents rely on public buses for…
  • Oklahoma Family Reports Nursing Home Abuse of Vietnam War Veteran

    Maples Law Firm
    4 Aug 2014 | 11:54 am
    A Vietnam War veteran is bruised and battered and his family believes that the Jones nursing home where he was staying is responsible. According to a KFOR news report, his wife found him one day turned to the wall of his room crying. When questioned, he claimed that the care provider balled up her fist and took a swing at him. His family reported the abuse but received no positive response from the nursing home’s administrators. They man’s family has since taken him home and the director of the facility claims that the abuse is under investigation. The wife of the injured veteran…
  • 3 Animals That Help Humans in Unexpected Ways

    Maples Law Firm
    18 Jul 2014 | 9:03 am
    Although we prideful humans would like to take all the credit for ourselves, the fact is we wouldn’t have the world we have today without help from other species. For example, dogs have facilitated the herding of livestock since ancient times. Horses and camels made long distance cultural exchange possible. Early agriculture just wouldn’t have worked out without the ox there to pull the plow. Diseases associated with rat infestations would’ve irrevocably crippled early cities had it not been for cats. The list goes on and on. It’s clear that animals were absolutely vital to our…
  • Toddler Killed in Oklahoma City Parking Lot Accident

    Maples Law Firm
    14 Jul 2014 | 10:18 am
    A 3-year-old boy was killed in an Oklahoma car accident that occurred in a McDonald’s parking lot. According to a news report in The Oklahoman, the fatal pedestrian accident occurred at Northwest Expressway and Council Road in northwest Oklahoma City. Officials say a mother and her two sons were crossing the parking lot when they were struck by an SUV. The 3-year-old sustained fatal injuries and the mother and 4-year-old suffered non-life-threatening injuries. The female driver of the SUV was not arrested, but the investigation is ongoing. According to the report, she may have caused…
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    SEQ Legal blogs

  • Software support SLAs

    Alasdair Taylor
    6 Aug 2014 | 4:00 am
    Written contracts covering the provision of software support services often incorporate some kind of service level agreement, or SLA for short. If you have been tasked with preparing or negotiating a software support SLA, and are looking for some guidance, this post should help you. SLAs may cover more than just software support services. For example, where hosting, hosted services and/or software maintenance are being provided, an SLA may also cover aspects of those services. For the purposes of this post, however, I look only at support services. What is an SLA? As with many contractual…
  • End user licensing: approaches to creating enforceable rights

    Alasdair Taylor
    11 Jul 2014 | 5:22 am
    The term EULA is widely abused: I've just finished a telephone conference where it was applied, by someone who should know better, to a proposed contract covering not only licensed software but also hosted software services, consultancy, support and much else besides. I therefore want to clarify what I mean by EULA and "end user". In a wide sense, a EULA is an agreement between a software vendor and an end user governing the use of software. I tend however to use the term in a narrower sense, to apply only to end users who are not themselves direct customers. Where the end user is it the…
  • Consumer contracts regulations: sample clauses

    Alasdair Taylor
    6 Jun 2014 | 3:10 am
    The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 are coming into force next week. They include a detailed list of information that a trader must provide to a consumer in situations where the Regulations apply. Should you use the model instructions on cancellation to help you comply with this requirement, or should you draft special legal clauses for your contracts? The list of information that must be supplied is set out in Schedule 2, and includes the following items:(l) where a right to cancel exists, the conditions, time limit and procedures for…
  • New distance selling laws: 8 key compliance points

    Alasdair Taylor
    2 Jun 2014 | 10:35 pm
    The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply special rules to B2C distance contracts entered into via a website, as well as certain other contracts (not discussed here). The Regulations, effective on 13 June 2014, replace the Consumer Protection (Distance Selling) Regulations 2000. See: Unfortunately, the rules are rather complex. This is especially depressing in the context of consumer protection legislation, which should be straightforward enough for anyone to understand without…
  • Online advice: worth the risks?

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

  • Social Security Disability Insurance Almost Exhausted

    Jay Solnick
    20 Aug 2014 | 5:25 am
    Many Pennsylvanians are likely concerned about the latest news coming from Washington regarding Social Security disability benefits. If Congress does not act before 2016, the benefits of the Social Security disability program will be exhausted, resulting in a drastic cut in available funds. Per the 2014 Annual Report of the Social Security Administration, the SDDI Trust fund benefits will run dry in two years. If Congress does not act by 2016, individuals’ monthly benefits will be cut by $218. On average this equates to a reduction from $1,146 a month to $928. If the trust fund goes…
  • Airline Cannot Escape Liability

    Jay Solnick
    15 Aug 2014 | 5:42 am
    A commercial passenger plane was shot down by militants, killing all passengers aboard. And, the airline company cannot dodge liability, thanks to international aviation laws. On July 17, 2014, Malaysian Airlines Flight 17 carrying 298 passengers was shot down over the rebel-controlled area covering eastern Ukraine. The plan was traveling from Amsterdam to Kuala Lumpur when it lost contact near Donetsk Oblast, Ukraine, which is approximately 31 miles from the Ukraine-Russia border. Authorities strongly believe a surface-to-air missile brought down the plane, crashing within the conflict zone…
  • Slips and Falls in Pennsylvania

    Jay Solnick
    13 Aug 2014 | 5:22 am
    When a person enters the property of another, including a business, there is a certain level of safety owed to the entrants. And, fortunately, the law requires homeowners and business owners to keep their property safe. Injuries suffered when a person falls on someone’s property are governed by slip and fall law. Slip and fall cases include injuries sustained from wet floor surfaces, cracked sidewalks, black ice, improper signage, and hidden defects. $6.5 Million Settlement A Pennsylvanian woman recently settled a slip and fall case with dairy company, Cream-O-Land Dairy, for $6.5 million.
  • Road Rage Tips

    Jay Solnick
    8 Aug 2014 | 7:00 am
    Road rage causes thousands of auto accident injuries and fatalities every year throughout the United States. Aggressive driving has increasingly become a serious problem on the roadways. The National Highway Traffic Safety Administration defines aggressive driving as occurring when “an individual commits a combination of moving traffic offenses so as to endanger other persons or property.” Studies show there are numerous “triggers” to road rage, like feeling rushed, being in traffic, or speeding. Other signs of possible road rage or aggressive driving include: Tailgating; Changing…
  • Fatal Carjacking Accident

    Jay Solnick
    6 Aug 2014 | 8:38 am
    Residents of the City of Brotherly Love hang their heads with heavy hearts after the deaths of 3 children, which occurred after a stolen car plowed into a crowd in North Philadelphia. It all started on the morning of July 25, 2014 when two men planned to rob a female realtor at gunpoint. The realtor had just completed a showing of a house and was preparing to leave the home when she was approached by two men at gunpoint. The gunmen forced their way into the realtor’s vehicle and instructed the realtor to drive away. Eventually, the realtor was forced into the back seat where she was…
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    Baron & Budd, P.C. | Protecting What's Right

  • Baron and Budd Raising Awareness About the Dangers of PCBs in Schools and How Schools Can Take Action

    Baron & Budd
    21 Aug 2014 | 1:06 pm
    Law Firm Offering Free PCB Testing to Schools Built Between 1950 and 1980 DALLAS – (August 21, 2014) – Baron and Budd, a national law firm with deep experience in environmental litigation, announced today that it is offering free PCB testing to schools built between 1950 and 1980. Currently, testing for PCBs in schools is not a requirement, even though the Environmental Protection Agency (EPA) has classified PCBs as probable human carcinogens that can have potentially serious toxic effects on a person’s immune system, endocrine system, nervous system and reproductive system,…
  • Baron and Budd Selected to List of Top Law Firms in the U.S. By Legal 500

    Baron & Budd
    14 Jul 2014 | 8:23 am
    Firm Selected to List for Seventh Consecutive Year DALLAS (July 14, 2014) – The national law firm of Baron and Budd has once again been named to the Legal 500, a list of the top firms in the United States. Since 2008, the firm has been selected to the list as a top tier firm in the areas of mass tort and class action litigation on behalf of plaintiffs. “We are extremely proud of the fact that we have once again been chosen as one of the most respected law firms in the nation,” said Russell Budd, president and managing shareholder of Baron and Budd. “It is a great honor to…
  • Baron and Budd Investigating New Force-Placed Insurance Lawsuits

    Baron & Budd
    18 Jun 2014 | 8:18 am
    Predatory Practice Can Spike Homeowners’ Insurance Costs by as Much as 10 Times That of Voluntary Insurance DALLAS (June 18, 2014)The national law firm of Baron and Budd is now investigating potential lawsuits associated with the practice of force-placed insurance at certain bank and mortgage lenders. Recently, numerous national banks and mortgage providers, such as Bank of America, Wells Fargo, JP Morgan Chase and others, have reached settlements in lawsuits regarding force-placed insurance, a predatory financial practice where homeowners are forced to pay for expensive insurance…
  • Baron and Budd Announces $177 Million Settlement for Seven States Against Avandia Manufacturer GlaxoSmithKline

    Baron & Budd
    13 Jun 2014 | 9:20 am
    Firm represented states of Kentucky, Maryland, Mississippi, New Mexico, South Carolina, Utah and West Virginia in litigation regarding the fraudulent advertising of Avandia DALLAS –(June 13, 2014) –The national law firm of Baron and Budd has reached a $177 million settlement with GlaxoSmithKline on behalf of the states of Kentucky, Maryland, Mississippi, New Mexico, South Carolina, Utah and West Virginia regarding the deceptive advertising of the diabetes drug Avandia. This result represents the largest settlement of a pharmaceutical case ever for several of the involved states,…
  • Baron and Budd Files Lawsuit on Behalf of State of Vermont Regarding MTBE Groundwater Contamination

    Baron & Budd
    6 Jun 2014 | 10:52 am
    Firm Working Closely With State Attorney General’s Office on Water Contamination Lawsuit DALLAS —(June 6, 2014)—Baron and Budd, a national law firm dedicated to protecting the environment, yesterday filed a lawsuit against numerous manufacturers and refiners of MTBE-containing gasoline regarding the contamination of Vermont groundwater by the gasoline additive MTBE. Baron and Budd is proud to work with Vermont Attorney General William H. Sorrell in the lawsuit. Weitz & Luxenberg, P.C. and Pawa Law Group, P.C. also serve as co-counsel in the litigation. “The sad…
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    News From Dallas Appellate Attorney Chad Ruback

  • “The Best Lawyers in America” list

    Chad Ruback
    20 Aug 2014 | 6:14 am
    I am honored that my peers have once again voted to include me in “The Best Lawyers in America” list.  
  • Interview on KDAF CW Channel 33

    Chad Ruback
    15 Aug 2014 | 11:59 am
    As an appellate lawyer, I often have to answer difficult questions. On Channel 33 news, though, I got to answer an easy one. I was asked whether an individual could form his own country in North Dallas. Um, no.     Here is the video:
  • Supreme Court Hobby Lobby opinion might only directly impact two companies

    Chad Ruback
    11 Jul 2014 | 10:00 am
    After the Dallas Business Journal published an article about the U.S. Supreme Court’s recent Hobby Lobby decision, a number of people asked me about potential impact on various business. Here are my thoughts: Despite all the attention the case has gotten, the opinion might only directly impact two U.S. companies. The Affordable Care Act (also […]
  • Chad Ruback interviewed live in Fox 4 studio

    Chad Ruback
    1 Jul 2014 | 11:08 am
    This morning, I gave a live interview to a Fox 4 news anchor regarding a new U.S. Supreme Court opinion. Here is the video:
  • Frequently Asked Questions (FAQ) About Texas Appeals

    Chad Ruback
    12 Jun 2014 | 2:12 pm
    Whether you are a law student studying Texas appellate procedure or are a Texas lawyer who doesn’t regularly handle appeals, you might be in need of answers to frequently asked questions about Texas appellate law. Having been unable to find a compilation of appellate law FAQs specific to Texas state courts, I have compiled a […]
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    Protecting What's Right

  • Cindy Crawford Is Worried about the Level of PCBs in Her Children’s School: Are You?

    Baron & Budd
    21 Aug 2014 | 12:57 pm
    It’s back to school time in Malibu, California and the supermodel Cindy Crawford just pulled her two children out of high school because of the school building’s elevated levels of the toxic chemicals shorthanded as PCBs. Celebrities… Just Like Us? So far as caring for our children the answer is a resounding YES! According to the Environmental Protection Agency (EPA), PCBs have been shown to be carcinogenic — aka, PCBs can cause cancer. In addition, the EPA warns that PCBs may cause harm to the nervous system, the immune system, the reproductive system and the endocrine…
  • This One Goes Out to All of You: Thanks to the Fighters of Fluoroquinolones Spreading the Word

    Baron & Budd
    19 Aug 2014 | 4:59 am
    Fluoroquinolone antibiotics such as Avelox and Levaquin are some of the most commonly prescribed types of antibiotics in the country, and millions of fluoroquinolones are prescribed each year to treat an array of infections from urinary tract infections to ear, nose and throat or respiratory infections. And yet, fluoroquinolone antibiotics such as Avelox and Levaquin are such powerful antibiotics that they are in a class of their own — one that was never intended to be used as a first form of treatment, due to their severe side effects such as permanent nerve damage and disability. To treat…
  • How I Became “The Mesh Warrior” and How You Can Too

    Aaron Horton
    15 Aug 2014 | 4:22 am
    For many of us, family members of those implanted with transvaginal mesh, for years now life has been about watching someone we love writhe in unendurable pain and locking eyes with a bottomless suffering we feel helpless to stop. The focus is on our injured loved ones but this, we now know, is a family injury that reaches through them, sprouting tentacles into everyone they love, making its home in all of us. “Mothers are the backbones of our families,” said one of the many women sometimes called “Mesh Angels” whose own body fights against her every day as…
  • Check Your Card! – If You Have a Defibrillator From St. Jude Medical

    Baron & Budd
    6 Aug 2014 | 4:26 am
    If you have a defibrillator from St. Jude Medical, it is time to check the RVA number, or model number, on your travel card. Some of the leads in the major St. Jude Medical defibrillators implanted in countless patients around the country may be dangerous… and some have even been recalled! Every patient who has a defibrillator should have a travel card to go with it that says two critical things: 1) the manufacturer name — in the case of these recalled defibrillators that would be St. Jude Medical and 2) the RVA, or model number. It is important to check your travel card to find the…
  • Had You Known, Would You Have Said “No”? On Transvaginal Mesh and the Ultimate Question

    Baron & Budd
    5 Aug 2014 | 5:17 am
    Here’s a thought. Imagine you went to your doctor for a recurring problem, maybe stress urinary incontinence — an ailment that tends to afflict women as they age, especially in women who have borne children. You told your doctor about the problem, and as expected, your doctor suggested a possible solution. Now here is where it gets tricky. This is what many women heard: “You need a surgery to correct the issues. The fastest recovery time (in fact it is often day surgery) is a procedure using transvaginal mesh. This is the newest and safest way to correct your SUI (stress urinary…
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    Hardwick & Pendergast - Seattle Personal Injury and Car Accident Attorneys

  • Locals Remember the Pedestrian Killed on First Hill

    Hardwick & Pendergast, P.S.
    18 Aug 2014 | 3:05 pm
    On the morning of August 13, 2014, friends of a Seattle woman who was killed in a pedestrian accident took to the streets to walk in her honor. According to a Seattle Times news report, the fatal car accident occurred at the intersection of Eighth Avenue and James Street on First Hill. Officials say the driver behind the wheel of the garbage truck did not know initially that he hit the woman. The 42-year-old pedestrian was killed and her body was dragged about 150 feet. The driver has not faced hit-and-run charges because he did not knowingly leave the scene of the crash. According to a news…
  • A Tricky Weekend for Seattle Drivers

    Hardwick & Pendergast, P.S.
    13 Aug 2014 | 10:31 am
    Speeding motorists and rollover accidents kept King County troopers busy the weekend of Aug. 2. According to KOMO News, there were five rollover accidents in King County and 42 speeding tickets issued that weekend. Officials say one 18-year-old driver was arrested for vehicular assault after rolling his SUV on Northbound I-5 with five young men inside. In another accident, six people were injured when a vehicle traveling at speeds up to 90 mph crashed into the guardrail. Local law enforcement aided victims of three other rollovers and caught 42 drivers within three hours who were speeding…
  • Seattle Rollover Accident Causes Critical Injuries

    Hardwick & Pendergast, P.S.
    5 Aug 2014 | 3:56 pm
    A driver and passenger were seriously injured in a Seattle car accident involving a vehicle rollover. According to a KOMO news report, the rollover accident occurred on northbound Interstate 5 in South Seattle. Officials say the driver and passenger were ejected when the vehicle went high up on an embankment near the freeway and flipped. Both injured victims sustained critical injuries and were rushed to Harborview Medical Center. Rollover accidents often result in serious injuries or death. In fact, rollovers result in fatal injuries much more often than other types of accidents. According…
  • Bicyclist Struck by Motor Home

    Hardwick & Pendergast, P.S.
    14 Jul 2014 | 3:25 pm
    A bicyclist in Missoula was flown to a Seattle hospital after being struck by a motor home. According to a news report in The Ravalli Republic, the bicycle accident occurred at Miller Creek Road and U.S. Highway 93. Officials are looking into whether the bicyclist went against a red light at the time of the crash. The bike was caught under the wheels of the motor home and the rider sustained serious head internal injuries. There are many reasons why bicycle accidents commonly occur at busy intersections. Riders often contribute to crashes by failing to obey traffic laws. Drivers often cause…
  • Study Shows Distracted Drivers are Distracted Pedestrians

    Hardwick & Pendergast, P.S.
    9 Jul 2014 | 11:55 am
    It is common knowledge that distracted driving is a serious problem. According to the National Highway Traffic Safety Administration (NHTSA), 3,328 people were killed and about 421,000 were injured in distraction-related accidents in 2012. It is less known just how common distracted walking is. Pedestrians in Seattle who are more focused on their phones than the roadway often do not realize the danger they are in until it is too late. According to PEMCO Insurance Northwest, eight out of 10 drivers in the Northwest are quick to identify distracted pedestrians, but two-thirds of pedestrians in…
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    Farah and Farah Legal Blog

  • Has ‘Stand Your Ground’ Laws Brought Down Homicide Rates?

    Farah & Farah
    18 Aug 2014 | 9:57 am
    A preliminary report released by the American Bar Association (ABA) indicates that states, like Florida, that have “Stand Your Ground” laws are actually seeing an increase in homicide rates. Thirty-three states have enacted “Stand Your Ground” laws in the last ten years. Before Stand Your Ground laws were enacted, most states followed the traditional common law self-defense rule, which imposed a duty to retreat (if retreat was possible) before using force in self-defense. The ABA’s National Task Force on Stand Your Ground Laws found that states where individuals are immune from…
  • Woman Falsely Arrested Twice Receives $67,000 Settlement From Clay County Sheriff’s Office

    Farah & Farah
    11 Aug 2014 | 2:16 pm
    The Clay County Sheriff’s Office has reached a $67,000 settlement with a woman who was falsely arrested twice in the span of four months. According to the Florida Times–Union, the woman was arrested for grand theft and later on a charge of writing bad checks because deputies had mistaken her for a woman with a similar name. The woman spent a total of five weeks in jail due to the false arrests; four weeks for the grand theft charge and one week for the check writing charge. The real perpetrator later pleaded guilty to the charges and was given credit for served time. She served a total of…
  • Florida Judge Rules Gay Marriage Ban Unconstitutional

    Farah & Farah
    21 Jul 2014 | 11:01 am
    In a previous blog, the family law attorneys at Farah & Farah in Jacksonville reported about a battle brewing in a Miami-Dade courthouse concerning the constitutionality of Florida’s ban on same-sex marriage. Since the writing of that blog, a Monroe County judge has ruled Florida’s constitutional ban on gay marriage violates the U.S. Constitution and has ordered the Monroe County Clerk’s Office to start issuing marriage licenses to same-sex couples. Although this ruling only affects Monroe County, many have touted this ruling as the “beginning of the end” of Florida’s gay…
  • Five Arrested in Jacksonville Internet Cafe Gambling Sting

    Farah & Farah
    14 Jul 2014 | 10:15 am
    Five people have been arrested in Jacksonville after police raided two alleged “Internet cafe” gambling businesses. All of those arrested were charged with being “an agent/employee of a gambling house.” Three of those arrested were additionally charged with possession of slot machines and possession of lottery devices. A spokesman for the Jacksonville Sheriff’s Office (JSO) said the investigation began in the spring and involved a task force comprised of state agencies and officers from Seminole and Volusia counties. Authorities allege that the businesses were offering…
  • Things Heating Up In Florida Gay Marriage Battle

    Farah & Farah
    7 Jul 2014 | 9:54 am
    Both pro and anti-gay marriage advocates gathered at a Miami-Dade Courthouse where a lawsuit brought by gay couples is attempting to overturn Florida’s same-sex marriage ban that was voted into the state constitution in 2008. Attorneys for the same-sex couples claim that the ban is discriminatory and violates the U.S. Constitution’s guarantee of equal protection under the law. An attorney representing six of the same-sex couples that brought the suit asked the judge to throw out the ban, claiming that it makes same-sex couples second-class citizens. “It’s the right of a person to…
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    Pennsylvania Family Law Blog

  • Understanding High-End Divorce

    Philadelphia Divorce Attorney
    11 Aug 2014 | 1:48 pm
    One of the biggest challenges of any divorce is the division of assets. This stressful process can become even more complex when one or both parties have high net worth and significant assets. If you are involved in a high-end divorce, you will need an experienced Pennsylvania divorce attorney with an exceptional understanding of tax and finance law to protect your assets and best interests. Even the most amicable of separations can become antagonistic when property and high-value assets are involved. It is common for arguments to occur when discussing the division of real estate, bonuses,…
  • Working With a Pennsylvania Attorney to Plan in a High-Asset Divorce

    Philadelphia Divorce Attorney
    4 Aug 2014 | 2:35 pm
    If you are considering a divorce, then you are already keenly aware of the emotional stakes. But a divorce is also a financial arrangement – and this is never truer than when the spouses seek to divide a high-asset estate between them. By working with an experienced Pennsylvania divorce attorney who understands high-asset divorce issues, you can protect your financial health as well as your legal rights. One place to start is to work with your attorney to create a specific, proactive plan for dealing with your divorce. A lack of planning puts you on the defensive, in a “reactive” stance…
  • New Pennsylvania Bill Would Force Rapists to Pay Child Support

    Philadelphia Divorce Attorney
    14 Jul 2014 | 3:37 pm
    Under current Pennsylvania law, a woman who has a child from rape can ask a judge to end the rapist father’s parental rights. This means that the father who committed the rape will not have custody or visitation rights. However, women who end the rapist father’s parent rights also surrender their ability to collect child support from the father. According to a news report in The Express-Times, a new bill has been proposed to allow a mother to end parental rights while still collecting support. Democratic State Representative Mike Schlossberg proposed the bill that would close this…
  • Steps to Take When Facing a High-Asset Divorce

    Philadelphia Divorce Attorney
    8 Jul 2014 | 10:07 am
    High-asset divorces pose questions that ordinary divorce cases do not. While partners in a low- or middle-income family typically wonder how to support two separate households, partners in a high-asset divorce are primarily concerned with ensuring that their respective shares of their assets are distributed equitably, in a way that allows both the adults and children to maintain their standard of living. Choosing an experienced Pennsylvania high-asset divorce attorney should be your first consideration when dissolving a marriage and wondering how to protect your assets. Other steps to take…
  • Husband of TV Star Seeks Money During Divorce

    Philadelphia Divorce Attorney
    1 Jul 2014 | 1:35 pm
    Zoe McLellan, star of the brand new show “NCIS: New Orleans” is in the midst of a difficult divorce from her husband. According to a TMZ news report, her husband, actor J.P. Gillain, is seeking joint custody. The actress allegedly believes that her husband is only seeking custody as a ploy to get child support now that she is successful. The court documents reveal that she will earn $45,000 per episode. A representative for the actress states that her husband has “never been a hands-on dad.” In Pennsylvania, the most important consideration in every custody battle is…
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    About Florida Lawyers & Attorneys

  • Zaimi rape case: Lawyer charged with intimidating, bribing witness – The Journal News /

    Lawyer - Google News
    21 Aug 2014 | 2:55 pm
    Zaimi rape case: Lawyer charged with intimidating, bribing witnessThe Journal News / Lohud.comThe lawyer's arrest comes less than two weeks after Galgano filed a $130 million lawsuit against Putnam County District Attorney Adam Levy and the Carmel cops, alleging they violated Zaimi's constitutional rights with his 2013 arrest for a non-violent …
  • San Antonio Florida Criminal Defense Lawyer

    Florida's Top Rated Attorney
    21 Aug 2014 | 12:20 pm
    The Best San Antonio Florida Criminal Defense Lawyer in Florida can be found by visiting The Best San Antonio Florida Criminal Defense Lawyer in Florida can be found by visiting The Legal Offices of San Antonio Florida are by far the best law firms because they get the most amazing results time and time again. Clients all agree that this San Antonio Legal firm and Associates are the attorneys to take on your side when you have a case the looks like a loser. This legal firm wins cases and that is something that you can take to the bank!
  • Frank Schwelb, a civil rights lawyer who became a judge, dies at 82 – Bangor Daily News

    Lawyer - Google News
    21 Aug 2014 | 11:57 am
    Frank Schwelb, a civil rights lawyer who became a judge, dies at 82Bangor Daily NewsFrank Schwelb, a onetime Justice Department civil rights lawyer who became a D.C. judge for more than three decades, known for his sometimes floridly written judicial decisions, died Aug. 13 at a Washington hospital. He was 82. He had Parkinson's …and more »
  • Wheelies: The Lincoln Lawyer Edition – New York Times

    Lawyer - Google News
    21 Aug 2014 | 10:21 am
    New York Times Wheelies: The Lincoln Lawyer EditionNew York TimesMatthew McConaughey rode in a late-'80s Lincoln Town Car when he starred in “The Lincoln Lawyer,” but an ad deal the Academy Award-winning actor signed with the Lincoln Motor Company will have him promoting modern Lincolns, starting with the 2015 …Lincoln Recruits 'Lincoln Lawyer' McConaughey To Front For BrandForbes'Lincoln Lawyer' Star McConaughey Tabbed for Lincoln News (blog)Matthew McConaughey, 'The Lincoln Lawyer,' becomes face of new Lincoln car…
  • 130 Greenberg Traurig Florida Attorneys Listed in Best Lawyers in America 2015 – Virtual-Strategy Magazine (press release)

    Florida lawyer - Google News
    21 Aug 2014 | 10:08 am
    130 Greenberg Traurig Florida Attorneys Listed in Best Lawyers in America 2015Virtual-Strategy Magazine (press release)The 2015 edition of Best Lawyers in America includes 130 attorneys from across the seven Florida offices of international law firm Greenberg Traurig, P.A. The firm is top-listed across nine practice areas in the state. For the eighth consecutive year …and more »
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    MacGregor & Collins, LLP Law Blog

  • Jail Sentencing for Assault on a Minor

    Randy Collins
    3 Aug 2014 | 1:49 pm
    There are three forms of assault that can be punishable in a court of a law: common assault, criminal assault, or aggravated assault. Common assault is almost any behavior that can be judged as offensive or threatening, which is done with the volition to harm someone else but fails in physical harm. For instance, if you try to hit someone with a punch, a kick, or an object and miss, you have committed a common attack against them. Even though no physical harm was done, the failure to commit a criminal attack may still be prosecuted as a common one. Criminal assaultis associated with battery…
  • Statute of Limitations for White Collar Crime

    Randy Collins
    14 Jul 2014 | 1:00 am
    A statute of limitation is the time allowed for prosecutors to lay a charge against someone who is accused of committing a criminal offense. The period normally runs from the point at which the alleged offense has been disclosed or discovered. This period varies depending on the category of offense as well as the jurisdiction involved. California’s statutes of limitation for criminal charges are not exactly the same as other states and also differ from those of the federal government. Statutes of limitation allocated for white collar offenses are particularly complex, partly because of the…
  • Difference Between Corporal Injury and Battery

    Randy Collins
    26 Jun 2014 | 7:34 am
    If you or someone you know has been charged with anything related to domestic violence, there is a high probability that those charges are either corporal injury on an intimate partner or a spousal battery. A spousal battery is also called a domestic battery.  A corporal injury and a spousal battery are the most common domestic abuse charges. Despite having a few similarities, the crimes of a corporal injury and a spousal battery have a few distinguished differences that greatly affect the ways in which defendants are prosecuted and defended. What is a Corporal Injury on an Intimate Partner?
  • Qualifications for Expungement in California

    Randy Collins
    17 Jun 2014 | 8:58 am
    A mistake in judgment that you made years ago can have far-reaching effects, including your ability to get the job that you want, obtain some professional licenses, or rent a home.  Even though California criminal records are a matter of public record, an individual would need to know where to look for these files and take the time to look through thousands of court records in each county to find your records. However, electronic indexing has made it much easier for individuals and companies to obtain copies of your records.  Companies index court records into large databases that are easy…
  • Will a DUI Show Up on My Background Check?

    Randy Collins
    4 Jun 2014 | 9:26 am
    Facing a DUI charge is a serious matter that leaves most individuals wishing they had used different judgment before getting behind the wheel.  Despite the initial fear that follows an arrest, having a drunk driving charge does not have to be the end of the world.  An experienced attorney can help you resolve a drunk driving charge so that you can get on with your life.  Once you pay the penalty for driving while intoxicated, that should be the end of the story and no one should hold that against you. Unfortunately for some, their drunk driving charge does not stop affecting them after…
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    PA Law Blogs

  • Compensation for Victims Who Suffered Transverse Myelitis after a Vaccine

    Anapol Schwartz
    21 Aug 2014 | 7:59 am
    Vaccine injury victims who suffer transverse myelitis after a vaccine can be left with debilitating injuries that may never go away. This serious vaccine reaction is no one’s fault, but it can leave victims and their family with serious emotional, physical and financial stress. Transverse myelitis is a neurological disorder caused by inflammation of the spinal cord. The condition develops unexpectedly but can leave permanent debilitating damage. Transverse myelitis can start out as lower back pain or muscle weakness and can quickly progress to paralysis, urinary retention and loss of bowel…
  • The Spread of Cancer after Fibroid Removal

    PA Law Blogs
    20 Aug 2014 | 7:32 am
    There is no effective test to distinguish between benign fibroids and uterine leiomyosarcoma (ULMS) before a mass is surgically removed. But depending on the type of surgery performed, a woman undergoing a hysterectomy or a uterine fibroid removal procedure called a myomectomy can be put at risk of having undetected malignant cancer cells spread much further into her body during surgery. When this happens, her likelihood of long-term survival is significantly worsened. The U.S. Food and Drug Administration (FDA) has estimated that one in 350 women undergoing hysterectomy or myomectomy for…
  • Three Anapol Schwartz Attorneys Named in Best Lawyers 2015 Edition

    Anapol Schwartz
    18 Aug 2014 | 7:19 am
    The 2015 edition of Philadelphia’s Best Lawyers has recognized Jim Ronca, Sol Weiss, and Lawrence Cohan for their hard work and dedication to seeking justice for their clients. Jim Ronca was named 2015 Philadelphia Lawyer of the Year in the category of Personal Injury Litigation.  Sol Weiss and Lawrence Cohan were selected for inclusion in the 2015 edition of Best Lawyers in Philadelphia for the category of Mass Tort and Class Actions. Weiss and Cohan previously held Philadelphia Lawyer of the Year titles for those same categories.  Weiss was recognized as Lawyer of the Year in 2014 and…
  • The Ripple Effect of a Medical Misdiagnosis

    Anapol Schwartz
    13 Aug 2014 | 9:39 am
    About 155 per 1,000 hospitalized patients experience a medical misdiagnosis, according to HealthGrades.  A medical misdiagnosis or delay in making the correct diagnosis can have a traumatic ripple effect.  An undiagnosed medical condition may worsen and lead to subsequent medical complications and unnecessary surgeries. The victim may be forced to miss time from work and incur high medical costs and be forced to give up vacation, college or retirement plans.  The effects of a medical misdiagnosis not only be physical but emotional and financial as well.  A medical misdiagnosis can…
  • Cancer after a Hysterectomy Leads to Morcellator Cancer Lawsuits

    Anapol Schwartz
    12 Aug 2014 | 12:28 pm
    A number of women have filed morcellator cancer lawsuits after being diagnosed with cancer following a hysterectomy. There is no way to know for certain if a fibroid is cancerous prior to its removal. Of the 500,000 women who undergo a hysterectomy each year, 1,000 of those women will find out post-op that their presumed fibroids were uterine cancer, according to the Wall Street Journal. But this is not the reason behind the lawsuits. These women are not angry because they had cancer.  They are angry because their cancer was accelerated by the procedure they believed would cure them of their…
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    New York Business Lawyer Blog

  • What a Difference a Triable Issue of Fact Can Make: The Use of Experts to Oppose Motions for Summary Judgement in New York, Revisited.

    20 Aug 2014 | 4:57 pm
    It has been some time since we last spoke about the use of experts to oppose motions for summary judgement in New York. The topic, however, is still relevant. Some continue to believe there is a hard and fast rule, at least in the Appellate Division, Second Department, which forbids a trial court from considering an affidavit from an expert unless the party offering the expert's affidavit served full expert's disclosure pursuant to CPLR 3101(d)(1) prior to the filing of the Note of Issue and Certificate of Readiness or at least moved to vacate the Note of Issue and Certificate of Readiness if…
  • How Learning About Play Can Help You Pick A Jury

    8 Aug 2014 | 10:17 am
    Have you ever wanted to do absolutely nothing: nothing real, nothing hard, nothing serious, at least not for a little while? Maybe lie down on the beach, read a good book, go play a round of miniature golf with your family and friends? Just be a little silly, just a little? Remember when you were a kid, when you had the summer to yourself, to do what you wanted when you wanted with whoever you wanted? Just go find some friends and play: a game of basketball, or stickball, or maybe a game of manhunt; whatever you and your friends decided to do, however you agreed to do it. You and your friends…
  • Cybersecurity Update: Hackers' Gains, Target's Losses, and E-Commerce

    6 Aug 2014 | 1:22 pm
    There are a few recent news stories that business owners, fraud investigators, and consumers should be aware of. Though not necessarily related, they point out the ever-growing need to protect digital information and the consequences for those who do not. Cybersecurity, it seems, is something that will affect everyone, eventually. The topic of the first story, unfortunately, is common; the numbers, thankfully, are not, though we should all hope they stay that way. According to an article by Danny Yidron in the Wall Street Journal, which was last updated at 2043 hrs Eastern Time on August 5,…
  • Partition Actions In New York II: When Do You Sell and When Do You Divide Real Property?

    1 Aug 2014 | 9:22 pm
    It's been a while since we last spoke about Partition Actions in New York. Though, perhaps, not well known, they are an important tool for anyone who owns real property as a tenant in common or as a joint tenant. A good example would be where you, along with some relatives, inherit a house. The house is yours, and theirs; each of you has responsibilities, to maintain, and pay the expenses for, the house. Likewise, each of you can try to have the house sold so you can split the proceeds. If some of the other owners balk at this, you can go to court to force the sale and equitably split the…
  • Antitrust, Anti-Steering Rules, and American Express: The Justice Department Pursues Unfair Competition In A Business Model

    25 Jul 2014 | 9:55 pm
    Unfair competition is back in the news. The U.S. Justice Department sued American Express a few years ago for unfair competition in the credit card business. Since such things take time, the trial just began on Monday July 7, 2014. The issues, the accusations, and the justifications seem fairly familiar, especially when you recall the last big antitrust trial and the unintended consequences that followed. Whether the same thing will happen this time, though, is something only time will tell. The last time, the Justice Department sued Apple, to prevent what it said was anti-competitive…
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    GTH Energy & Natural Resources Law Blog

  • Regulating Emergency Generators: EPA Denies Rehearing of RICE Rule, Appeals Court is Next Stop

    20 Aug 2014 | 4:44 pm
    On August 15, the U.S. Environmental Protection Agency ("EPA") issued a notice denying petitions for rehearing of its new rules governing air emissions from stationary Reciprocating Internal Combustion Engines ("RICE"). RICE, especially diesel engines, are widely used for emergency backup generation for hospitals, factories, and other facilities requiring an uninterrupted supply of power. They are also an important source of power to stabilize the electric grid in certain types of emergencies. Developments concerning the RICE emissions rule are therefore of great concern to electric utilities…
  • Milestone in Transmission Regulation: U.S. Court of Appeals Upholds Order No. 1000

    18 Aug 2014 | 8:54 am
    On Friday, the U.S. Court of Appeals for the District of Columbia Circuit rejected a host of challenges to the Federal Energy Regulatory Commission's ("FERC") Order No. 1000, upholding the order in its entirety. As we've previously discussed, Order No. 1000 aims to create a level regulatory playing field for independent transmission developers, thus encouraging new sources of badly-needed investment in the nation's transmission infrastructure. The D.C. Circuit's 97-page opinion upholding the order represents an important milestone in the evolution of regulation in the electric industry. Order…
  • Eric Christensen Quoted in EnergyWire Article on Utility Service to Marijuana Producers

    11 Aug 2014 | 3:19 pm
    GTH Partner Eric Christensen was quoted in Friday's lead EnergyWire article, which addresses the problems utilities face in serving energy-hungry marijuana grow operations under new marijuana legalization regimes in Washington and Colorado. The article can be found here. EnergyWire is the energy-centered daily trade magazine of highly-respected Environment & Energy Publishing.
  • New Era of Hydropower Regulation? Corps of Engineers Agrees to Seek NPDES Permits for Hydro Equipment

    5 Aug 2014 | 10:48 am
    On August 4, in response to a series of lawsuits brought by the environmental advocacy group Columbia Riverkeeper, the U.S. Army Corps of Engineers agreed to regulatory measures aimed at preventing oil leaks from eight dams on the Columbia/Snake River system. The agreement may be a harbinger of significantly increased regulatory compliance burdens under the Clean Water Act for hydroelectric projects. Apparently sparked by a leak of transformer oil containing PCBs from the Corps' Ice Harbor Dam and several similar incidents, Columbia Riverkeeper last summer filed three citizen suits, later…
  • Sending Up a Flare, Washington UTC Provides Guidance on Jurisdiction for Third-Party Solar Leases

    1 Aug 2014 | 9:28 am
    This week, the Washington Utilities & Transportation Commission ("UTC") issued its long-awaited policy statement concerning UTC jurisdiction over third-party owners of net-metered electric facilities, such as roof-top solar systems. The Interpretive Statement indicates that the UTC likely would assert at least limited jurisdiction over third-party owners of rooftop systems who contract with ordinary homeowners. Much of the Interpretive Statement, however, is a cry for help addressed to the Washington legislature, urging it to enact legislation addressing the unique jurisdictional and…
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    SEC Lawyers Blog

  • FINRA Cautions Investors on Viral Disease Stock Scams

    18 Aug 2014 | 6:55 am
    FINRA recently issued an Investor Alert, "Viral Disease Stock Scams: Don't Let Them Infect Your Portfolio." In the Alert, FINRA warns that dramatic news stories viral outbreaks, such as Ebola and Middle Eastern Respiratory Syndrome ("MERS"), historically give rise to scammers seeking to capitalize on fears of a potential pandemic. In fact, FINRA stated it is aware of potential investment scams involving companies that claim to be involved in the development of products that will prevent the spread of viral diseases. Thus, FINRA issued the Investor Alert to remind investors to be wary of stock…
  • Sonn|Erez Investigating Claims Involving Paul Gerard Chiampa

    15 Aug 2014 | 6:25 am
    Sonn|Erez is investigating claims regarding Paul Gerard Chiampa (CRD #1133609, East Longmeadow, Massachusetts). Chiampa recently entered into a Letter of Acceptance, Waiver, and Consent ("AWC") in which he was fined $7,500 and suspended from association with any FINRA member in any capacity for 30 business days. See FINRA Case #2012034926401. Chiampa has been registered with Raymond James & Associates, Inc., since November 2012, and previously was registered with Morgan Stanley (June 2009 - November 2012) and Citigroup Global Markets, Inc. (July 1993 - June 2009). During its investigation,…
  • SEC Approves FINRA Rule to Prohibit Conditioning Settlements on Expungement

    27 Jul 2014 | 8:12 pm
    The Securities and Exchange Commission recently approved the implementation of FINRa Rule 2081, which prohibits brokers from making settlements of customer disputes contingent on the claimant's agreement not to oppose expungement of the dispute from the brokers' public record. Once information is expunged from the CRD system, it is permanently deleted and becomes unavailable to the investing public, regulators or prospective broker-dealer employers. "This rule will prohibit firms and reps from conditioning settlements on a customer's agreement not to oppose expungement, thus protecting the…
  • SEC Charges Compel Morgan Stanley to Pay $275 Million for Misleading Investors in Subprime RMBS Offerings

    24 Jul 2014 | 8:34 pm
    The Securities and Exchange Commission recently charged three Morgan Stanley entities with misleading investors in a two residential mortgage-backed securities (RMBS) securitizations that the firms underwrote, sponsored, and issued. In anticipation of the charges, Morgan Stanley submitted an offer of settlement, which the SEC accepted, wherein Morgan Stanley would pay $275 million to be returned to harmed investors. According to the SEC charges, the matter concerns Morgan Stanley's misleading public disclosures regarding the number of delinquent loans in two subprime residential…
  • Sonn|Erez Investigating Claims Involving Richard Ohlhaber and Sales of Life Partners Investments

    17 Jun 2014 | 6:17 am
    Sonn|Erez is investigating claims regarding Richard Ohlhaber (CRD #2154794). Ohlhaber accepted FINRA's Offer of Settlement, in which he was barred from association with any FINRA member in any capacity. See FINRA Case #2012032077901.Ohlhaber was registered with Century Securities Associates, Inc., from April 9, 2007 through May 2008, and Southwest Securities, Inc. (Southlake, Texas) from May 2008 until his termination in March 2012. After his termination, Ohlhaber was associated with FSC Securities Corp. (Grapevine, Texas), Kovack Securities (Fort Lauderdale, Florida), IMS Securities…
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    Broward Injury Lawyer Blog

  • Child School Injuries a Concern as Classes Resume

    8 Aug 2014 | 12:19 pm
    A Florida mother has filed a lawsuit against her daughter's former charter school as well as the maker of an inflatable "Sumo wrestling" suit, alleging that a "Spirit Day" activity went horribly wrong when the school failed to make sure the girl's helmet fit properly, and the manufacturer failed to warn of possible danger. As a result, her family said the girl's head hit the ground repeatedly, causing her to suffer traumatic brain injury that has resulted in dramatic personality changes, regression in the ability to communicate, blurred vision, headaches and severe anxiety. Our Fort…
  • Compulsory Medical Exams at Issue in Florida Personal Injury Cases

    1 Aug 2014 | 10:03 am
    In many Florida personal injury cases, either side may request a plaintiff undergo a compulsory medical exam. This is a medical exam conducted to establish or refute arguments made by the opposing side. Our Fort Lauderdale personal injury lawyers know that while courts often grant these requests, they are not permitted to do so unless good cause has been shown and the parameters are clearly outlined. The exam has to involve a matter that is "in controversy" in the case. That is, it involves a key point that is critical to the requesting side's position. This issue was recently before two…
  • 3rd DCA Denies Vicarious Liability for Those Aiding in Defense

    24 Jul 2014 | 10:40 am
    Florida tends to have broad interpretation with regard to vicarious liability in car accident cases. That is, while third parties generally aren't liable for the actions of someone else, Florida's dangerous instrumentality doctrine provides that a vehicle is an inherently dangerous tool. Therefore, vehicle owners in Florida are subject to liability anytime that vehicle, driven negligently by a third party with the owner's knowledge and consent, is involved in a serious crash. However, Florida's Third District Court of Appeal in Miccosukee Tribe v. Bermudez recently declined to extend this…
  • Force v. Am. Family Mut. Ins. Co. - Rightful Claimants in Wrongful Death

    18 Jul 2014 | 11:39 am
    The untimely death of a father in a traffic crash, leaving behind three young children, gave rise to a wrongful death claim that insurers sought to deny. The defendants (the at-fault drivers and two insurers) argued the children had no right to make a claim because the man's long-estranged wife had been denied compensation, and therefore the children (from another union) were not entitled to a set-aside from her. The Wisconsin Supreme Court, in weighing the case of Force v. Am. Family Mut. Ins. Co., found this to be a serious misinterpretation of the law, bordering on "absurd." Our Fort…
  • S. Shore Baseball, LLC v. DeJesus - Sports Stadium Injury Claims Tough to Establish

    15 Jul 2014 | 2:09 pm
    While tens of millions of Americans attend professional sporting events every year, a fair number of them will be injured. These injuries range from third-party criminal attacks by other fans to being struck by hockey pucks and even getting hit with hot dogs. Our Fort Lauderdale personal injury lawyers know that precedent set in most courts holds that a lot of times, these injuries are the manifestation of an assumed risk fans take when attending such events. In many cases, this warning regarding "inherent risk" is even printed on the back of the ticket.
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    Chicago Immigration Lawyer Blog

  • New Executive Action on Immigration Coming Soon

    7 Aug 2014 | 10:30 am
    The President is preparing to announce a new set of Executive Actions he plans to take on immigration since Congress has yet to pass a comprehensive immigration reform package. Speaking during a press conference yesterday in Washington D.C., President Obama stated that he is working on ways to ease deportations of immigrants living in the country undocumented. While the President hasn't indicated what type of relief he plans to offer, many immigrations rights activists are beginning to speculate. The President announced earlier this summer that he would take Executive Action because Congress…
  • Evidence for Asylum

    5 Aug 2014 | 10:46 am
    As we've pointed out in previous blog posts, the Asylum process is a long and complicated one. In order for your asylum application to be successful, you will need a lot of evidence. This blog will focus on the kinds of evidence you will need for your asylum application. First, it is important to remember that in order to qualify for asylum you must have been persecuted or fear persecution because of one of these five categories: Race Religion Nationality Membership in a particular social group Political opinion Once you determine that you meet one of those categories, it is important for you…
  • Affirmative Asylum Process

    28 Jul 2014 | 12:50 pm
    The Affirmative Asylum process is a complicated, multistep process. Below are the various steps you must complete to have a successful asylum application, according to USCIS. 1) Arrive in the United States: In order to claim asylum in the US, you must be physically present in the United States. You cannot claim asylum in the US if you are not present here at the time. 2) Apply for Asylum: To apply for asylum you must complete form I-589, Application for Asylum and Withholding of Removal within one year of arriving in the US. There is no fee to fill out and file this form. 3) Background check…
  • Asylum 101

    21 Jul 2014 | 12:59 pm
    The Asylum process in the United States is a very thorough and in depth process. If you are interested in the asylum process or want to find out if the asylum process is right for you, please contact a skilled immigration attorney. This blog will outline some basic information about the asylum process, who is eligible for asylum, and what is required to be successful in your asylum application. In order to claim asylum, you must be physically present in the United States. You must also apply for asylum within one year of your last entry date into the US. Asylum can also be used as a defense…
  • Questions Remain on How to Resolve the Border Situation

    14 Jul 2014 | 12:56 pm
    Both Congress and the President are weighing in on different ways to resolve the ongoing situation involving unaccompanied minors attempting to enter the US illegally. According to the Wall Street Journal, some House Republicans have discussed a proposal that would repeal the 2008 law signed by President Bush that guarantees unaccompanied minors aprehended in the US an asylum hearing as long as they came from a country that does not share a border with the United States. Several Democrats as well as immigration rights activist oppose this plan. Opponents point out that this law was created to…
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    South Florida Criminal Lawyers Blog


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

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

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

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

    9 Apr 2014 | 1:24 pm
    On November 17, 2013, twenty-year-old Kayla Mendoza (now aged 21) allegedly drove a car down the wrong way on Broward County's Sawgrass Expressway, causing a fatal collision that took the lives of two young women: Kaitlyn Ferrante and Marisa Catronio, both 21 years of age. According to reports, Ms. Mendoza's blood-alcohol level was nearly twice the legally permissible limit for a driver: 0.15 grams of alcohol per 100 milliliters of blood. After months of investigation, the Florida Highway Patrol has finally arrested Ms. Mendoza, recommending charges of D.U.I. Manslaughter, Vehicular Homicide,…
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    Dallas Divorce Law Blog

  • Can a psychological evaluation in a custody case determine who is lying?

    Michelle O'Neil
    19 Aug 2014 | 7:34 am
    Oftentimes, people going through a custody dispute want to have psychological evaluations to show the judge "who is lying" to the court about some issue or another.  Conversely, some people going through psychological evaluations in a custody case become concerned that the other person will "lie" to the evaluator through charm or outright deception and sway the results of the evaluation. Dr. John Zervopolous, a noted consultant in the Dallas, Texas area on psychological issues in custody cases, discussed this concern in the June issue of the Section Report newsletter…
  • Undisclosed assets after divorce

    Michelle O'Neil
    12 Aug 2014 | 7:53 am
    What happens if, after the divorce is final, a party discovers that the other party failed to disclose certain assets in the divorce proceedings? The recent case of In re Ford out of the Texarkana Court of Appeals is instructive in this situation. In Ford, the parties had been married for 31 years and separated for 3 years.  Two months after the divorce was final, the Wife filed a new lawsuit complaining that Husband failed to disclose certain retirement income received while the divorce was pending.  Wife sought division of the undisclosed income. Husband testified that the money…
  • Reimbursement for using inheritance on community obligations

    Michelle O'Neil
    7 Aug 2014 | 7:08 am
    What happens when a spouse contributes or loans separate property to the community estate during marriage, then seeks reimbursement of those contributions/loans at divorce? The recent case of Hinton v. Burns out of the Dallas Court of Appeals sheds light on how this is handled. In Hinton, Husband and Wife both brought separate property assets into the marriage.  Husband had a separate property business and inheritance, and Wife had a separate property residence.  During the marriage, Husband contributed all of his inheritance to the community estate and it was spent on community…
  • Digital and virtual assets as part of the marital estate and division of property

    Michelle O'Neil
    29 Jul 2014 | 9:18 am
    Our lives are becoming more and more connected to technology. Without even thinking about it, spouses may have digital or virtual assets with value to the community estate that should be considered in the division at divorce.  Chris Meuse's article on the Dallas Bar Association website sheds light on how to address digital and virtual assets in divorce. The first step, according to Meuse, is to identify whether the parties have any valuable digital or virtual assets.  Digital assets are intangibles that only exist in a digital form (i.e. data in the form of binary digits). Such…
  • Rule 11 agreements are revocable before judgment is rendered

    Michelle O'Neil
    22 Jul 2014 | 7:44 am
    A point of confusion for many in the family law context is the viability of a rule 11 agreement to settle an issue or a whole case.  Rule 11 of the Texas Rules of Civil Procedure provides that an agreement between lawyers in a case is enforceable as long as the agreement is in writing and filed in the papers of the court or read into the record of the court.  However, rule 11 agreements are revocable at any time until judgment is rendered. A court may not enter an order upon a rule 11 agreement when one of the parties to the agreement has revoked his or her consent. The recent case…
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    Massachusetts Drug Injury Lawyers Blog

  • More Zoloft Drug Injury Lawsuits

    12 Aug 2014 | 1:21 pm
    Plaintiffs recently filed at least 13 Zoloft injury lawsuits against Pfizer Inc. The women claim that their babies were born with birth defects caused from taking Zoloft. They say that doctors prescribed the antidepressant, which they took while they were pregnant. The plaintiffs believe that the drug maker either knew that Zoloft cause the birth defects or if not then they should have been aware that it did. They contend that the drug maker should have notified them about the serious risks to their children. The women are claiming that Zoloft is defective, dangerous, doesn’t come with the…
  • New Studies Reveal Serious Side Effects of Cholesterol Drug

    24 Jul 2014 | 10:59 am
    High cholesterol is one of the most common medical conditions for patients in the United States, and the market for medication to treat the condition is a multibillion dollar industry. Many doctors attribute at least part of the uptick in high cholesterol, or hypercholesterolemia, to poor diet and nutrition, alcohol consumption, and family genetics. The supersized diet popular in the United States has led to a marked increase in high cholesterol cases which, left untreated could result in cholesterol deposits in major arteries, ultimately leading to heart attack and stroke. The Center for…
  • The Number of Massachusetts GranuFlo Lawsuits Keeps Growing

    19 Jul 2014 | 5:12 pm
    Plaintiffs continue to come forward, accusing Fresenius Medical Care of failing to inform patients about the risks involved with GranuFlo. This medical powder used in kidney dialysis treatment to help clean the blood of patients. Now, there are around 5,500 GranuFlo injury cases, many of which were filed in U.S. District Court in Boston and Middlesex Superior Court in Massachusetts. Fresenius is based in Waltham, MA. GranuFlo has been linked to a greater risk of heart attack and metabolic alkalosis, which involves the body fluids having too much bicarbonate in the blood. Metabolic alkalosis…
  • Beyaz Birth Control Pill Carries Similar Health Risks As Yaz and Yasmin

    6 Jul 2014 | 3:24 pm
    In previous blog posts, our drug injury law firm has written about the risks associated with taking Yasmin and Yaz birth control pills. Now, we want to make sure you are aware that Beyaz, another birth control pill made by Bayer, also carries an increased risk of blood clots, heart attack, and stroke. Beyaz was introduced into the market in 2010. The U.S. Food and Drug Administration approved the drug because it is similar to the Yaz birth control pill. They are both contraceptive pills that are estrogen/progesterone-based. The difference is that Beyaz has folic acid, which can lower the…
  • $100M NuvaRing Injury Settlement Now Final

    29 Jun 2014 | 3:25 pm
    Now that 95% of eligible plaintiffs have opted in, the $100 million defective medical device settlement between NuvaRing manufacturer Merck & Co. and 3,800 claimants will stand. A district court judge had approved the birth control injury settlement earlier this year. Merck, however, could have backed out of the agreement if not enough plaintiffs agreed to join. The company maintains that “substantial” evidence proves that the contraceptive device is safe. It is settling the NuvaRing lawsuits without denying or agreeing to the claims. NuvaRing is a vaginal ring that is inserted into the…
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    New York Real Estate Lawyers Blog

  • Beware the Evil Stepmother

    11 Aug 2014 | 7:18 am
    Evil stepmothers are not only found in popular culture, as epitomized in Cinderella . Such persons are commonly the subject of events reported by the New York press. Estate conflicts often arise between children of a prior marriage and a more current spouse. Such persons inherently have potentially differing interests. The new spouse may have been attracted to the parent because of the parent's financial success. The child may be resentful that their parent has decided to remarry. For instance, Casey Kasem was a beloved radio personality whose end of life was dominated by a battle between his…
  • Elmo (and others) in Times Square: The Legal Issues

    4 Aug 2014 | 6:53 am
    In the news are stories concerning costumed characters in Times Square. For those who have not visited the center of New York City lately, individuals dressed up as Elmo, Super Mario, and Spider-Man, and others have been congregating in Times Square. They entertain tourists, and many people like to have their pictures taken with them. Unfortunately, some of these "characters" have become aggressive, demanding money from tourists for having their photos taken, and recently, "Spider-Man" has been arrested for an altercation with a New York City police officer. New York City officials are now…
  • Keeping Landlord-Tenant Disputes Under Control

    28 Jul 2014 | 6:56 am
    Recently in the news is the rather gruesome story of a woman who was murdered and dismembered. Her body parts were discovered in Nassau and Suffolk Counties. Her neighbor was arrested for her murder and is being held without bail. According to the news story, the root of the conflict between the two women appears to have been a landlord-tenant dispute. The accused murderer, Leah Cuevas, was pretending to be the landlord of the building in which the two women lived, after the actual owner passed away. Ms. Cuevas then attempted to collect the rent from the building's tenants, and when fellow…
  • Access to Building Services in Rental Units in New York

    21 Jul 2014 | 2:48 pm
    A recent news story regarding affordable housing in New York may be of interest to readers of our blog. New York City's Department of Housing Preservation and Development (HPD) approved a separate entrance in a proposed new building containing affordable housing units. The building would therefore have two entrances (it is located on a corner lot), one for the luxury units, and one for low-income units that would comprise 55 of the 219 proposed units. Of course, many people are outraged by this "poor door," arguing that it imposes a stigma on the low-income renters in the building. Others may…
  • Buyouts Between Landlords and Tenants in New York

    10 Jul 2014 | 9:54 am
    A recent article in the New York Times discusses the issue of landlords making cash offers to "buy out" tenants of their rent regulated tenancies. Our firm has handled these situations, representing both landlords and tenants in different transactions regarding such buyouts. The reason behind such offers is the rent regulation system currently in place in New York City. Many, but not all, apartments in New York are subject to rent regulation. Rent regulation applies to apartments renting below a certain amount, but does not apply to rentals of a condominium or cooperative unit by its owner.
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    Wisconsin Probate & Estate Planning Blog

  • Carrying on a Family Tradition: Passing the Family Farm to Future Generations

    Attorney Daniel Krause
    18 Aug 2014 | 12:20 am
    Attendees at a farm show in neighboring Minnesota heard important information about the special types of estate planning available for farmers to facilitate transferring family farms to future generations in the most advantageous way possible. Family farm owners here in Wisconsin face very similar concerns and challenges. Proper estate planning can provide key benefits not only to allow you to transfer your family farm to your loved ones, but also place them in the best position to keep the farm in the family for many generations to come. One of the primary challenges faced by family farmers…
  • Estate Planning for Your College-Bound Child

    Attorney Daniel Krause
    1 Aug 2014 | 12:44 am
    August means “back to school” time for many families. That often translates to a lot of shopping, whether it’s new clothes, new books or new computers, especially if your child is preparing to go away to college. For those families, though, their focus should be on more than just providing their children with the tools they need to succeed in class. A child’s turning 18 carries with it significant legal repercussions and, especially if that child is leaving home for college, the need for estate planning becomes very important. Estate planning may hardly sound like an…
  • Another Plus About Trusts: Federal Court Ruling Green-lights Trust’s Tax Deduction Claim

    Attorney Daniel Krause
    21 Jul 2014 | 8:47 am
    A federal tax court’s ruling in favor a trust on certain deductions that the trust claimed on its federal income tax returns highlights a potential added bonus to the use of trust planning, as the court decided that a trust could engage in the sort of active participation in a business needed to claim the business’s losses on its taxes. By refusing to foreclose trusts from claiming the losses of trust-owned business assets, the court’s ruling offers one more reason why family farmers and small businesspeople should ensure they have a proper estate plan in place that includes…
  • How Qualifying for Medicaid Will (or Won’t) Affect Your Estate Plan

    Attorney Daniel Krause
    8 Jul 2014 | 8:47 am
    For many seniors, few things are more intimidating than the thought of a required stay in a nursing home. In addition to the high degree of emotional stress that going into a nursing home entails, there’s also the scary thought of the financial repercussions. A Milwaukee Journal Sentinel article from last spring reported that the average cost of a nursing home stay in Wisconsin was more than $42,000 per year, with that number skyrocketing to almost $97,000 for a private room. One way for some people to avoid the enormous costs of a nursing home is Medicaid, but it too comes with its own…
  • Wisconsin City Discovers Multiple Benefits to End-of-Life Planning

    Attorney Daniel Krause
    26 Jun 2014 | 8:44 am
    In most places throughout the country, the vast majority of people have not engaged in end-of-life planning. According to an NPR report, only about 30 percent of people have an advance directive, living will or similar document. However, in LaCrosse, that number is far different. More than 95 percent of the people in that city have advance directives or other forms of end-of-life planning documents. As a result, the people of LaCrosse have served as an illustration of the numerous positives that families receive when proper end of life planning is put on paper in advance of needing it. The…
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    San Diego Divorce Lawyer Blog

  • Modification of Spousal Support Requires "Material Change in Circumstances"

    19 Aug 2014 | 12:29 pm
    California law sets forth a list of factors for courts to consider when issuing an order of spousal support as part of a divorce judgment. These guidelines govern marital dissolution proceedings in San Diego courts and throughout the state. It is important for divorcing couples to understand that the amount of spousal support ordered, if any, is subject to the facts and circumstances surrounding your case. A family law attorney with extensive experience handling divorce matters would be able to give parties a good picture of what to expect at every stage of your family law case. Once a…
  • California Court May Award Attorney Fees in Divorce Cases

    12 Aug 2014 | 1:21 pm
    The California Family Code strives to create an even playing field for spouses who are going through divorce proceedings. One significant matter concerns the ability of each spouse to be represented by an attorney. In many cases, one party earns a larger income than the other and can afford to pay for legal representation, while the other may not be in a financial position to do so. The law, which applies to divorce cases in San Diego and throughout the state, provides a mechanism by which the parties will both have access to legal representation. If you are considering a divorce, the most…
  • Court Enforces Stipulated Judgment Reached During Divorce Mediation

    5 Aug 2014 | 1:45 pm
    Couples who decide to divorce may approach the proceedings in a variety of different ways, depending on the nature of their current relationship and the number of issues to sort through. Mediation is one method that some couples pursue, in an effort to resolve certain matters out of court. In mediation, an impartial third party (the mediator) will help the couple reach an agreement they both find acceptable. The mediator acts as a facilitator and typically has no power to force an agreement on the parties. But, even with mediation, the couple must be aware of legal requirements associated…
  • California Legislature Will Consider Bills to Update State Family Law

    31 Jul 2014 | 2:44 pm
    According to recent news reports, the California Family Law Code seems to be in need of some updates. As we can see from many advances in technology and science, as well as the evolution of the "family" itself, assorted state laws have yet to keep up with these many changes. California legislators will return from their summer break to review and consider bills that would update the state family code in various ways. If you are involved in any family law proceeding, such as a divorce or other related matters involving child custody, spousal support, and the like, you are encouraged to contact…
  • California Court Addresses Temporary versus Permanent Spousal Support

    29 Jul 2014 | 1:31 pm
    The duration of divorce proceedings varies a great deal from case to case. There are many factors that contribute to lengthening the process, such as disputes over child support and custody, property division, and spousal support. Depending on the circumstances surrounding a case, reaching a final divorce judgment may take some time. In such cases, questions of the amount of "temporary" spousal support are likely to come up and to be addressed by the court. Temporary and permanent spousal support serve different purposes and are addressed by the courts in different ways. If you are…
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    Maritime & Cruise Ship Accident Lawyer Blog

  • Recovery for Injury When on a Cruise Excursion can be Difficult

    Gerson & Schwartz, P.A.
    14 Aug 2014 | 5:39 am
    We all know that if you’re injured while on a cruise, there’s a good chance that if anybody is liable for your injuries, it’s the cruise line. Inside the confines of the ship, it is the cruise line’s responsibility to make sure there’s nothing that’s going to injure you. But what about once you leave the ship, for the so-called excursions? Getting injured while on an excursion presents an entire host of difficult legal questions. The Danger of Excursions Excursions are the off-ship adventures that you take when the ship docks at a port of call. Excursions can include scuba diving,…
  • Spouses of Injured Victims Have Their Own Claims–But Maybe Not When the Injury Happens at Sea

    Gerson & Schwartz, P.A.
    4 Aug 2014 | 5:32 am
    If you sustain personal injuries, certainly your own pain, suffering, loss of income, and other damages may be recoverable against a responsible party. Often though a victim’s injuries don’t just affect them, but also the people around them, such as spouses. Spouses of injured victims may also lose vital aspects of companionship when their significant other is injured. Those losses can often be recovered by the spouse if the injury occurs in Florida, but the law is unclear whether that’s true if a victim is injured at sea. Our Florida maritime accident attorneys can help you understand…
  • International Cruise Victim Association Board Member, Philip M. Gerson Speaks to Congress at Senate Hearing in order to better enforce the Cruise Vessel Safety and SecurityAct 0f 2010

    Gerson & Schwartz, P.A.
    30 Jul 2014 | 8:47 am
        On July 24, 2014 a senate Committee Hearing chaired by retiring Democratic Senator John D. Rockefeller IV, illustrated the necessity for better enforcement of the Cruise Vessel Safety and Security Act 0f 2010Act. The Bill S. 1340, known as the Cruise Passenger Protection Act, perfects the intent of congress in passing the 2010 legislation. Despite, efforts made by the cruise lines to thwart the passage of this legislation, crime victim advocates and personal injury attorneys such as Miami based lawyer, Philip M. Gerson of Gerson & Schwartz, P.A. still pursue justice for…
  • Confusion Over What Law Applies Leads 2.7 Million Verdict to be Reduced to Zero

    Gerson & Schwartz, P.A.
    29 Jul 2014 | 4:20 am
    A Florida Court recently reduced a jury’s 2.7 million dollar injury award to a cruise ship passenger to zero based upon confusion over what law should apply. The United States Supreme Court has refused to hear the passenger’s appeal, creating a very dangerous legal precedent for Florida’s cruise ship passengers. Our Florida cruise ship accident attorneys are following these stories with interest. Specifics of the Case The passenger was injured when a rotting and unstable chair he was sitting on collapsed from underneath him while on a cruise. The jury awarded him 2.7 million dollars,…
  • Carnival Raising Cruise Prices as Costa Concordia is Raised from the Sea

    Gerson & Schwartz, P.A.
    22 Jul 2014 | 5:00 am
    Despite recent news of the ill-fated cruise line Costa Concordia being raised from the sea after its tragic sinking in 2012, Carnival Cruise lines, the parent company of Concordia, apparently thinks the environment is right to start raising prices on cruises again. This is despite having a less than spectacular year when it comes to cruise ship safety. Our Florida cruise ship attorneys are monitoring these developments closely. Prices Going Up Carnival Cruise line recently reported its intention to raise cruise prices, which had been trending cheaper in the recent years. Bad press has plagued…
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    Brian M. Mekdsy Legal Services, Massachusetts

  • Facebook, Instagram, Digital Assets and Death

    Brian M. Mekdsy
    11 Aug 2014 | 5:13 am
    Once upon a time, Al Gore invented the internet, and with it came the nearly universal accumulation of “digital assets.” In fact, digital assets are so commonplace today that more and more states are updating their laws to account for them. Now a nationally recognized group of lawyers has weighed in on the subject. In [...]Related Posts:Protecting Your Digital Assets With Google’s Inactive…A Social Media Will Is No Longer OptionalWhat Happens To Your Social Media Accounts After You Die?How to Plan for a Social Media Afterlife: Tools for Zombies8 Questions To Ask When Setting…
  • This Fourth of July: Can’t We All Just Get Along?

    Brian M. Mekdsy
    2 Jul 2014 | 6:23 pm
    As the Fourth of July approaches and Americans get ready to celebrate independence by attending barbecues and firework displays, I can’t help but lament the current state of political discourse. This is, unfortunately, nothing new. In a Fourth of July-themed blog post last year appealing to the American sense of history, I tried to make [...]Related Posts:Why You Should Read The Declaration Of Independence This 4thBeware The Fiscal Cliff: Even Middle Class Estate Plans…Sick of Washington’s Games? Start a NonprofitIs the US Treasury Worthy of your ‘Charitable…22…
  • Remembering the Fallen on Memorial Day

    Brian M. Mekdsy
    26 May 2014 | 8:50 am
    Last Memorial Day, I wrote about two great nonprofits dedicated to helping veterans and first responders, Homes for Our Troops and Wills for Heroes. This year, in keeping with that theme, I’d like to showcase two other organizations I’ve recently learned about that do similarly noble work on behalf of military families. Children of Fallen [...]Related Posts:A Memorial Day Expression Of AppreciationWhy You Should Read The Declaration Of Independence This 4th22 Things To Be Thankful For This ThanksgivingYour Estate Plan Reflects Your PrioritiesIs the US Treasury Worthy of your…
  • Winter’s Finally Over: Your Paperwork Needs a Good Spring Cleaning

    Brian M. Mekdsy
    28 Mar 2014 | 6:41 am
    I don’t know about you, but after the winter we’ve just been through here in the Northeast, the arrival of spring is a welcome event – to say the least. I can’t tell you how much I’m looking forward to opening the windows and filling the house with the fresh air of spring, and the [...]Related Posts:5 Items for your Estate Planning “To Do” List…Password Protection Software Can Be A LifesaverA Social Media Will Is No Longer Optional8 Questions To Ask When Setting Up A Power Of AttorneyProtecting Your Digital Assets With Google’s Inactive…Brian M.
  • Is the US Treasury Worthy of your ‘Charitable Bequest’?

    Brian M. Mekdsy
    28 Feb 2014 | 8:54 am
    As I was going through some of my subscriptions in my feedly tab recently, a headline on the Wills, Trusts & Estate Prof Blog caught my eye: “Loner Makes Mysterious Bequest.” Intrigued, I clicked through the link to get to the full story. The headline from the original Buffalo News article had me even more [...]Related Posts:Sick of Washington’s Games? Start a NonprofitSeries On The Massachusetts Uniform Trust Code: Part 2Beware The Fiscal Cliff: Even Middle Class Estate Plans…Series On The Massachusetts Uniform Trust Code: Part 1A Memorial Day Expression Of…
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    The Emplawyerologist

  • Lesson from Wal-Mart: Wage and Hour Violations Don’t Pay!

    Janette Levey Frisch
    21 Aug 2014 | 4:30 am
    I would like to think employers know they have to pay their employees for the time they work. The problem is that not all employers understand what constitutes “time worked”.  (Click here, here, here and here for review). Litigation trends show that this point may not have been readily apparent to Wal-Mart either. Wal-Mart has steadfastly clung to its party-line that it is “our policy to pay associates for every hour worked and to make rest and meal breaks available”, even as it has paid out multi-million-dollar wage-and-hour settlements or judgments.  Whether or not…
  • Wal-Mart and Workers’ Compensation: Adding Insult to Injury?

    Janette Levey Frisch
    14 Aug 2014 | 7:05 am
    Rare is the employee who wants to get injured on the job, or the employer who wants to deal with the fallout of such injuries–especially workers’ compensation coverage and claims. Of course employers have to provide workers’ compensation coverage. As part of the The Emplawyerologist’s  mini-series on Wal-Mart’s employment law capers, this week we are exploring Wal-Mart’s missteps in this area. Now, to be fair, Wal-Mart does provide workers’ compensation coverage. There are no known allegations that Wal-Mart is not a safe place to work. Based on…
  • Wal-Mart: Or How Not to “Handicap” Relationships with Disabled Workers

    Janette Levey Frisch
    7 Aug 2014 | 5:00 am
    In spite of the large number of disability discrimination lawsuits it has faced, Wal-Mart claims to be recognized as a top employer for disabled people.  If we want to give Wal-Mart the benefit of the doubt, perhaps Wal-Mart, percentage-wise, as the nation’s largest private employer (click here for last week’s overview)  does actually have a good record for employing and accommodating disabled workers. The lawsuits, relative to the number of employees and even disabled employees, may in fact be a small ratio. Either way, Wal-Mart has faced enough disability discrimination…
  • Walmart’s “A Series of Unfortunate Lawsuits”

    Janette Levey Frisch
    31 Jul 2014 | 7:40 am
    The next several weeks will be seemingly devoted to our nation’s largest retailer, second-largest corporation and largest private employer. In case you have not guessed, or if you missed last week’s post (you can click here if you did) that distinction goes to Wal-Mart. Now, we are not going to be appraising Wal-Mart’s general business model or financial strategy. Some say it ultimately works, others say not so much. Wal-Mart has been in the news a lot, particularly with respect to its employment practices. Join The Emplawyerologist after the jump where we begin our series…
  • Time for a Pregnant Pause? The New EEOC Enforcement Guidance (and a Pending Supreme Court Case) on the Pregnancy Discrimination Act

    Janette Levey Frisch
    24 Jul 2014 | 4:00 am
    Last week, the Equal Employment Opportunity Commission (EEOC) released an updated Enforcement Guidance on Pregnancy Discrimination. Some people are saying that the EEOC now considers pregnancy a disability and that pregnant workers are now entitled to preferential treatment. On July 1, 2014, the United States Supreme Court agreed to hear the appeal of a Fourth Circuit Court of Appeals, Young v. UPSCase No. 11-2078 , which held that UPS did not owe accommodations to a pregnant driver. This sounds like a contradiction. What’s up with that? with the EEOC and the 4th Circuit Court of…
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    Kessler Law Firm

  • Ethics on Parade at NCDD

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

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

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

    16 Dec 2013 | 9:10 am
    A former Texas district attorney entered into an unusual plea bargain recently. He agreed to serve 10 days in jail for withholding evidence that could have stopped an innocent man from going to prison for nearly 25 years. This is apparently the first time a prosecutor has been sent to jail for concealing evidence helpful to the defense, according to news sources. Former Williamson County District Attorney Ken Anderson agreed to a plea deal that will also require him to pay a $500 fine and complete 500 hours of community service after state District Judge Kelly Moore found him in contempt of…
  • Don’t Rush to Judgment when a Sex Crime is Alleged

    9 Dec 2013 | 7:19 am
    In a nationally televised press conference on Thursday, State Attorney Willie Meggs announced that Florida State quarterback Jameis Winston will not be charged with sexual assault. While it sounded as if Meggs found the accuser to be generally believable, gaps in her memory coupled with the discovery of DNA from another man (apparently the complainant’s boyfriend) meant the standard for charging and prosecuting Winston was not met. The case, which dates back to Dec. 7, 2012, is considered closed. While Winston will not be prosecuted, he will not be exonerated either. The same is true of…
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    The Federal Criminal Appeals Blog

  • Short Wins - the Entrapment Edition

    1 Aug 2014 | 12:46 pm
    It is rare and wonderful to see an entrapment opinion. And United States v. Kopstein fits the bill. In other news, I was on TV last night talking about the trial of former Virginia Governor Bob McDonnell. If you're interested, here's a clip (I start at about 2:15). To the victories! 1. United States v. Kopstein, Second Circuit: Appellant was convicted by a jury of transporting and shipping child pornography. During trial, Appellant's sole defense was entrapment. The conviction was vacated and the case remanded because the jury instruction on entrapment failed to consistently and adequately…
  • Lying Isn't Always Fraud - the Sixth Circuit Sends A Case Back Because Buying Drugs From a Drug Distributor Is What The Drug Distributor Wants

    29 Jul 2014 | 12:24 pm
    Lester and Nancy Sadler, a husband and wife, ran a series of pain management clinics in Ohio. As the Sixth Circuit explained, "these were not conventional plain clinics." For example, at one clinic patients would arrive well before it opened, filling the clinic's parking lot and the lots of nearby businesses. While waiting for the clinic to open, the patients used drugs and traded prescription forms for cash in the parking lots. The patients often traveled long distances (and in large groups) to come to the Sadlers' shops, sometimes as much as 316 miles in a roundtrip, even though most of the…
  • Short Wins - the Shameless Promotion Edition

    22 Jul 2014 | 5:06 am
    Remember back with this blog was more than just Short Wins? Remember when there were long and loving descriptions of cases? I still aspire to get back to that vision for the blog - that was fun. Seriously, look for more long write-ups soon. I've been distracted by writing for Above the Law (here is a link to my columns (I particularly like the one about cannibalism)) and my day job as a practicing lawyer. But, if you're jonesing for those long write-ups again, thanks to the good people at James Publishing, you can now read them in one handy-dandy book. It has the jazzy title Criminal Defense…
  • Short Wins - the Presentment Delay Issue

    6 Jul 2014 | 1:53 pm
    It's a relatively slow week in the federal circuits. My favorite case of the last week is United States v. Torres Pimental. You've got to love a suppression motion being granted off of a government delay in presentment. To the victories! 1. United States v. Spann, Seventh Circuit: Appellant was sentenced to 97 months' imprisonment after pleading guilty to possession with intent to distribute. The sentence was reversed because the judge failed to justify the sentence. The reasoning for the top-of-the-guidelines sentence was improper because it would in essence equate to every drug trafficker…
  • Short Wins - the Seventh Circuit Draws a Line on Supervised Release

    30 Jun 2014 | 2:37 pm
    There's been a lot in the circuits in the last week, but perhaps the most surprising bit is that the Seventh Circuit issued four opinions on supervised release conditions. Supervised release may not be the sexiest of issues, but, especially in child pornography cases, it matters a lot. I'm not sure what's in the water in Chicago, but whatever it is reaffirms that these conditions need to be narrowly tailored and properly justified. To the victories! 1. United States v. Ganias, Second Circuit: Following a jury trial, Appellant was convicted for tax evasion. That conviction was vacated because…
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    Boston Injury Lawyer Blog

  • Testosterone Replacement Therapies (Low-T) Cases Consolidated into Multidistrict Litigation

    20 Aug 2014 | 12:28 pm
    As previously reported in this blog, the U.S. Food and Drug Administration (FDA) announced in January, 2014, that it was launching an investigation into whether FDA-approved testosterone products are causing strokes, heart attacks and even death. Several studies have shown that use of testosterone replacement therapies, such as AndroGel and Axiron, for the dubious medical condition "Low T" actually increases the risk of heart attacks and strokes in men using the product. Although in its beginning stages, several lawsuits have been filed in the Federal District Court in Chicago, Ill., the…
  • Major Developments in Fight to End Forced Arbitration

    11 Aug 2014 | 1:14 pm
    Major strides have been made this summer toward banning forced arbitration clauses which strip consumers of their constitutional right to have their disputes heard and decided by a jury of their peers. Unknowingly, consumers and employees are often subjected to forced arbitration provisions when they sign credit card and cell phone contracts, when they purchase retail products, when they are admitted to nursing home facilities, and when they enter into employment contracts. President Obama recently signed The Fair Pay and Safe Workplaces Executive Order which will prohibit companies pursuing…
  • Rising Temperatures and the Rising Risk of Heat-Related Sports Injuries for Massachusetts High School Athletes

    30 Jul 2014 | 2:22 pm
    In the next few weeks, high school athletes across the Bay State will lace up their cleats and begin summer athletic training camps in preparation for the fall athletic season. As anticipation and excitement surrounding official team workouts rises, so too will the temperature and humidity. Consequently, the combination of outdoor physical activity and hot weather conditions will lead to an increase in heat-related sports injuries. According to the Centers for Disease Control and Prevention ("CDC"), heat-related injuries are the leading cause of death and disability among high school athletes…
  • Personal Injury Litigation Explosion in Massachusetts? Fact or Fiction?

    22 Jul 2014 | 8:26 am
    Conventional wisdom says that people will sue for any injury and that the number of personal injury lawsuits is steadily increasing. But, the facts tell a different story. Where a serious personal injury is claimed, the case is usually filed in Superior Court in Massachusetts and recorded as a civil case filing. The court has reported statistics for filings for most of the past 30 years. Comparing the number of civil filings since 1986 with those in 2013 shows that the annual number of filings has declined from 34,807 in 1986 to 21,458 in 2013. During that time, Massachusetts population has…
  • Total Hip Arthroplasty - A Future Without Metal-On-Metal Bearings

    15 Jul 2014 | 9:03 am
    One of the most important issues surrounding Total Hip Arthroplasty (replacement) is the future of bearing surfaces. The bearing surfaces of an artificial hip joint ideally have sound wear characteristics and durability, are bio-inert and relatively easy to implant. Hip recalls, including the DePuy ASR and Stryker Rejuvenate and ABG II, represent a loss in confidence and movement away from metal-on-metal articulating surfaces. Growing reports of cobalt and chromium toxicity, device failure and revision surgery in patients implanted with metal bearings have forced surgeons and manufacturers to…
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    Securities Law Blog

  • Bank Of America To Pay Record $16.65B

    The Frankowski Firm, LLC
    21 Aug 2014 | 9:20 am
    Last Thursday, Bank of America and two of its subsidiaries agreed to settle its case with the U.S. Department of Justice for $16.65 billion. The settlement will put to end claims that the bank engaged in faulty lending during the housing boom years, making it the biggest settlement stemming from the 2008 financial crisis. The anticipated settlement ends claims pertaining to subprime mortgage practices at Countrywide Financial Corp., a lender acquired by Bank of America during the crisis, and Merrill Lynch, which Bank of America obtained at the government’s urging at the height of the…
  • Florida CEO Pleads Guilty In $3M Fraud Scheme

    The Frankowski Firm, LLC
    20 Aug 2014 | 7:48 am
    Cecil Franklin Speight, sole owner and CEO of International Stock Transfer of Palm Beach, Florida pleaded guilty last month to conspiracy to commit mail fraud and securities fraud for operating a scheme in which he conned investors out of $3 million. According to the SEC, Speight utilized “aggressive boiler room tactics” and faux investment firms that issued fake securities that were worthless. “Rather than transferring capital to issuers, the defendant used the investors’ funds as his own, including financing his lifestyle in Florida. His victims, from the Eastern District of New…
  • Three Sentenced For Church-Targeting Ponzi Scheme

    The Frankowski Firm, LLC
    19 Aug 2014 | 8:04 am
    The Frankowski Firm is currently investigating a Ponzi scheme aimed at church-goers. Two people from North Carolina and one from Florida were sentenced earlier this month for what federal authorities have called a church-targeting Ponzi scheme. All three individuals had previously testified against Thomas Kimmel from Indiana who was the alleged mastermind of the operation. James Willis Kirk and Carol April Graff, both of Washington, N.C., as well as Glen Smith Jr. of Lake Worth, Florida had previously pleaded guilty to conspiracy to commit mail fraud, sell unregistered securities and engage…
  • FINRA Panel Orders Morgan Stanley To Pay $4.5M

    The Frankowski Firm, LLC
    18 Aug 2014 | 9:03 am
    Morgan Stanley & Co. lost a FINRA arbitration dispute last week to Banco Nacional de Mexico SA. A FINRA panel ordered Morgan Stanley to pay the Mexican bank, commonly referred to as Banamex, $4.5 million, finding Morgan Stanley liable for negligence and negligent supervision. The case was filed by the bank against Morgan Stanley in 2012. The statement of claim alleged fraud and negligence among other allegations and asked the FINRA panel to order Morgan Stanley to pay over $5.2 million. The dispute centered on whether Morgan Stanley allowed funds in a family’s trust account to be…
  • Indiana Investment Advisor Pleads Guilty To Securities Fraud

    The Frankowski Firm, LLC
    14 Aug 2014 | 7:59 am
    Lynn A. Simon, an investment advisor from Evansville, Indiana, pleaded guilty yesterday to charges arising from allegations last year that he conned over $1 million out of investors in the area. The charges included three counts of securities fraud, class B felonies, and one charge of unlawful sale of a security, which is a class C felony. Simon reached an agreement with the Indiana Secretary of State’s Office that would send him to prison for two years and eight years of work release. Judge David Kiely will have to decide whether or not to uphold the agreement. Simon was a registered…
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    South Florida Criminal Attorneys Blog

  • Jessie Lee Miller Freed After 15-Year First Degree Murder Acquittal

    Michael B. Cohen, P.A.
    1 Aug 2014 | 7:39 am
    Otto Wright’s first trial for felony first-degree murder ended in a mistrial when a jury couldn’t come to a unanimous decision. But his second trial ended with a guilty verdict when the previously self-proclaimed “look out” admitted that he participated in the robbery of a West Palm Beach Chick-Fil-A restaurant. Nicholas Megrath, the 18-year old manager of the restaurant that was located at the now non-operational West Palm Beach Mall was shot and killed by one of the other culprits. But Wright’s taped confession stated that although he watched the robbery unfold…
  • Boynton Beach Man Beats Prior Manslaughter Charge Walks Free Again

    Michael B. Cohen, P.A.
    8 Jul 2014 | 1:06 pm
    David Muringer appears to live a charmed life. The Boynton Beach man was acquitted last month of misdemeanor battery and felony false imprisonment charges just short of a year and a half after he virtually walked away from manslaughter charges that could have cost him fifteen years in prison. In this latest case against him his girlfriend, Robin Green, 26, told police that Muringer began to strangle her after the two of them had an argument and she tried to leave his apartment. She was able to get away from him and called 911. In this new case if convicted of both charges he would have faced…
  • Deported Gay Honduran Man Fights to Return to the US to Gain Asylum

    Michael B. Cohen, P.A.
    1 Jul 2014 | 1:19 pm
    Italo Morales had lived in Hollywood, Florida for nearly ten years after he fled his native Honduras in 2005. Morales, now 27 years old is gay. He left Honduras nearly ten years ago, following his partner who also bolted from the country due to the violence against the small gay community that survives there on a daily basis. As a country, Honduras can boast to being the murder capital of the world. The homicide rate is an alarmingly high ratio of almost one individual per every one thousand annually; earning this reprehensible label and nearly doubling its closest rival in this tragic…
  • Owner/Operator of South Florida Home Health Firm Pleads Guilty to Paying Health Care Kickbacks

    Michael B. Cohen, P.A.
    24 Jun 2014 | 11:27 am
    Nestor’s Health Services, Inc. is now non-operational. This seems to be the story with most articles I’ve featured on my blog dealing with Health Care Fraud that’s taken place in the South Florida area over the past year. The word “defunct” seems to come up a lot. With this latest article, the total amount of money I’ve reported which has been reimbursed by Medicare for fraudulent billing is fast approaching the $100 million dollar mark. But in all fairness, one of the stories posted here involved a reimbursement of $33 million by itself. So when Cruz Sonia…
  • South Miami Man Sentence to 20 Years for DUI Vehicular Homicide

    Michael B. Cohen, P.A.
    15 Jun 2014 | 8:16 am
    A Coral Gables man who worked as a physical therapy assistant was sentenced to twenty years in prison after a week-long trial when a jury found him guilty of all three charges against him. His blood alcohol level was more than triple the legal limit when his car crashed into a 2002 Chrysler Town and Country minivan killing a thirteen year old girl as well as injuring her father and sister. According to police, Kaely Camacho, 13, was killed when Sandor Guillen’s 2010 Range Rover slammed into the minivan she occupied while he was speeding southbound at more than 80 miles per hour near the…
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    Darlingtons Solicitors

  • David Rosen quoted as expert on private prosecutions by The Independent

    17 Aug 2014 | 4:25 am
    David was approached by the Independent newspaper and asked for his expert comments on the important and growing phenomenon of private criminal prosecutions in England & Wales. You can read the full article here. Alternatively, see below. If you have any questions about the law, process or advisability of a private criminal prosecution, please do get in touch with David for expert help.
  • Complex Commercial Fraud: Tracing and Following: Pens, Rulers, and Motorbikes

    David Rosen
    17 Jul 2014 | 3:48 pm
    D Rosen  I read recently, a fascinating chapter of ‘Commercial Fraud in Civil Practice’ by McGrath QC, 2014, relating to Tracing. Let me start by saying I am a firm believer that a proprietary claim, leads to proprietary relief, in the absence of any clarity that it arises from a claim of unjust enrichment.  Tracing is effectively the act of seeking and locating monies or monies worth for evidential purposes.  There used to be a common misconception that you referred to a tracing claim, or a tracing injunction. That is a colloquial referral, and not technically correct.  Tracing is…
  • How to avoid a breach of contract situation

    Ben Jones
    30 Jun 2014 | 3:23 pm
    Ben Jones – Partner & head of employment law It is important to have an agreement / contract in place to ensure all parties are aware of their obligations under the agreement but also to legislate for what happens if one party breaches the agreement. Get the right contract and act consistently Before considering remedies, it’s important to reflect on the topic generally. Whilst it is impossible to prevent the other party to a contract from breaching it, we see all too often that clients do not learn from mistakes and/or don’t understand how to minimise the chances of a…
  • Divorce – business assets entitlement and dividing assets

    30 Jun 2014 | 8:12 am
    Sorting out financial entitlements on divorce can be complex and contentious especially where one spouse has business assets or there is a family business. Entitlement to business assets The difficulty often arises because the spouse that owns business assets will be well informed that the non-owning spouse will be able to make a claim on those assets, potentially up to 50%. In many cases, the business owning spouse, especially where there is a valuable business, will attempt to move the assets out of his or her name into a corporate structure or may be less than forthcoming as to what the…
  • Lies on employee cv – what to do

    30 Jun 2014 | 7:52 am
    Ben Jones – Partner & head of employment law Inaccurate or deliberately false career history and academic qualifications are problem employers underestimate at their peril. The figures on this are disturbing and quite staggering since, with research indicating that over half of CVs contain lies or inaccuracies which can range from gaps in employment history to false claims regarding qualifications and failure to mention fraud committed against previous employers. In addition to potential competence and general trust issues, as the old saying goes “past performance is the best…
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    Tampa Criminal Lawyer Blog

  • So You've Violated Your Federal Supervised Release... What now?

    20 Aug 2014 | 9:59 am
    Just about every Federal felony carries behind a term of incarceration a period where one is on a probation like status called supervised release. For all intents and purposes supervised release is just like probation in that you will be monitored by a Federal probation officer, will forego certain rights while on supervision, and will have to meet certain requirements laid out by the Court specific to your case in addition to those general requirements for anyone on supervised release. For the most part as long as you mind your P's and Q's you won't have an issue with a potential violation.
  • Florida Man Faces Aggravated Assault For Throwing Gasoline On Wife. Tells Police It Was A Joke.

    19 Jun 2014 | 6:22 am
    Sunrise, Florida man, Khemraj Samlall told law enforcement he was only joking when he allegedly attempted to ignite gasoline that he "accidentally" spilled on his wife and her bed earlier this week. As a result of this claimed joke, Mr. Samlall is now facing felony charges of aggravated assault with a deadly weapon without the intent to kill. According to reports Mr. Samlall and his wife were arguing after Mr. Samlall came home drunk. Mrs. Samlall is thought to have told him he was a bad father for not spending enough time with his children, prompting Mr. Samlall to retrieve a red gas can…
  • Tampa Bay Man Found Guilty of Federal Terrorism Related Charges

    16 Jun 2014 | 6:02 am
    Kosovo born and now Tampa Bay area resident Sami Osmakac was found guilty last week of the federal crime of attempting to use weapons of mass destruction and knowingly possessing a firearm not registered to him in the National Firearms and Transfer Record. Osmakac's case received national attention in 2012 when he was indicted after posting videos on YouTube, declaring his intention to blow up highly populated Tampa areas including Hyde Park and Ybor City and then subsequently purchasing non-functioning weapons from undercover FBI agents. According to Tampa news reports, Osmakac claimed to…
  • Jameis Winston Accused Of Theft From Florida Publix

    1 May 2014 | 4:08 pm
    Heisman Trophy winning quarterback Jameis Winston was accused this week of stealing crab legs from a Tallahassee, Florida Publix. Since the time of the incident, media outlets, NFL scouts, and fans of certain rival teams have taken issue with Winston's actions, making fun, questioning his character and showing concern over his draft stock. Perhaps these concerns are warranted and perhaps not, all are certainly entitled to their opinion. At the end of the day, Winston wasn't charged with a criminal offense for retail theft or petit theft but rather was issued a civil infraction requiring him…
  • I Got Busted By The Feds. Should I Waive My Indictment If I Want To Cooperate?

    30 Apr 2014 | 10:12 am
    In nearly every Federal drug charge I've handled in Tampa, my client has been charged as part of a Federal drug conspiracy. Depending on my client's role or position within the alleged conspiracy, he or she is often approached, through me, to cooperate with the United States Attorney's investigation in an attempt to bolster their Federal prosecution of co-conspirators or to seek information on other conspirators higher up the in the criminal organization. Depending on the stage of the investigation and very likely my client's role, the Feds may defer on seeking a Federal Indictment against my…
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    Iowa Workers' Compensation Lawyer Blog

  • The Gilloon, Wright & Hamel Website Has Gone Mobile Device Friendly

    31 Jul 2014 | 1:11 pm
    We have redesigned our website so that it is now mobile device friendly. If you look at the website on a computer or tablet it looks very similar to the previous version. The big change is when you view the website on a cell phone. Everything on the website can now be easily read on a phone. Therefore, if you ever have a little time to kill, you can read all about Iowa workers' compensation and personal injury law on your smart phone. The new version of the website also allows people viewing us on their phone to call us by just hitting the portion of the screen which reads, "TAP HERE TO CALL…
  • Handling Referrals of Iowa Work Comp Cases

    8 Jul 2014 | 4:07 pm
    Our law firm accepts work injury case referrals from lawyers who do not regularly handle Iowa worker's compensation claims. In the referral cases the clients pay the same one third contingent fee that we use in non-referral cases. We have added a new section to our website that discusses how the referral of work comp claims work. You can see the new section here.
  • Back and Neck Injuries in Iowa Work Comp Cases

    13 Jun 2014 | 3:15 pm
    A large part of my practice involves back and neck claims. Injuries to the back or neck frequently have a serious negative impact on a worker's ability to continue to do their job. We have added a new section to our website that discusses many issues that come up in litigation involving back or neck claims, including: 1. Types of back and neck injuries. 2. Causes of back and neck injuries. 3. Liability and causation disputes. 4. The factors that should be analyzed to determine the amount of money an injured work should receive. 5. Calculating the amount of compensation that should be paid. 6.
  • Medical Care Benefits in Iowa Workers' Compensation Cases

    8 May 2014 | 1:50 pm
    Under Iowa law a worker who is injured on the job is entitled to receive lifetime medical care for the work injury. The Iowa work comp system has an alternate medical care procedure to deal with many of the disputes that can develop over the medical care benefits. Iowa workers' comp law also allows both the insurance company and the injured worker the opportunity to obtain medical examinations to address disputes over causation and the severity of an injury. We have added a new section to our website that explains all of these medical care issues. You can find this new section here.
  • Iowa Work Comp Law on Aggravation of Pre-Existing Conditions

    13 Feb 2014 | 2:09 pm
    Today I am going to talk about the case of Plumrose USA and Zurich Ins. Co. v. Robert Hathaway which was issued by the Iowa Court of Appeals on January 23, 2014. One of the big issues in the case was whether Mr. Hathaway was entitled to workers' compensation benefits for a serious right knee injury in light of his long history of pre-existing knee problems. The Court of Appeals summarized the Iowa work comp law on aggravation of pre-existing condition as follows: "While a Claimant is not entitled to compensation for the results of a preexisting injury or disease, its mere existence at the…
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    Personal Injury Lawyer Blog


    6 Aug 2014 | 1:25 pm
    A U.S. court ordered cigarette conglomerate RJ Reynolds to pay $23.6 billion to the wife of a smoker who died of lung cancer. RJ Reynolds is ranked as the second largest cigarette company in the U.S. to first ranked Altria (the owner of Phillip Morris). RJ Reynolds Tobacco Company was hit with the punitive fine in addition to $16.8m in compensatory damages. The punitive damages award that was given to Ms. Robinson, the plaintiff, was said to be the largest of any individual case stemming for a class action lawsuit filed in Florida. What the court is trying to convey through such a large…

    30 Jul 2014 | 10:45 am
    In February of 2013, a New Jersey judge awarded Linda Gross $11.1 million dollars after a month-long defective pelvic mesh trial against Ethicon, a subsidiary of Johnson & Johnson. This July, the same judge has denied motions by J&J, who requested a new trial. In 2013, Judge Carol Higbee of Atlantic County Superior Court, awarded $3.35 million in compensatory damages and $7.76 million in punitive damages to Ms. Gross. A jury agreed, in a 7-2 vote, that the company had fraudulently misrepresented and failed to warn Ms. Gross or her physician about the risks associated with their product, the…

    29 Jul 2014 | 10:55 pm
    A cyclist was struck by a garbage truck on Tuesday morning at the intersection of Massachusetts Avenue and Columbus Avenue. The cyclist, who was taken to Boston Medical Center with non-life-threatening injuries, was riding a Hubway bicycle at the time of the incident. Officials from the Boston Fire Department used wood blocks and cribbing to pull the cyclist from underneath the truck, which was operated by hauling and disposal company Sunrise Scavengers. Although the identity of the cyclist has not been published at this time, onlookers at the scene report that the victim was male. The…

    28 Jul 2014 | 6:00 am
    Between 1980 and 2010, the prevalence of diagnosed diabetes in the United States has nearly quadrupled. As a result, illegally sold products promising to prevent, treat or even cure diabetes flood the market at unprecedented rates. At best, these products may provide little or no relief for Americans with diabetes. At worst, they may be dangerous to consumers. The Food and Drug Administration warns that the products may contain harmful or undeclared ingredients, or may be otherwise unsafe. The products may be marketed as over-the-counter, when they should be marketed as prescriptions. In some…

    26 Jul 2014 | 4:04 pm
    Colored or decorative contact lenses provide teens and young adults a novel and unique opportunity to change up their look. But the a joint campaign by the Food and Drug Administration (FDA), American Optometric Association (AOA) and the Entertainment Industries Council (EIC) warns that these contacts may cause serious eye damage, if not fitted by a licensed optometrist or ophthalmologist. The collaboration wants to inform consumers--mostly teens and young adults--how to safely obtain and use decorative contact lenses and to warn them of the dangers associated with inappropriate use. Chief…
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  • ACLU Files Lawsuit Alleging Immigration-Related Discrimination on the Basis of Muslim Heritage/Ethnicity

    22 Aug 2014 | 10:00 am
    For most foreign nationals, coming to the U.S. and obtaining permanent resident status (i.e., a green card) is only the first step in reaching their ultimate goal of becoming a U.S. citizen. Becoming a citizen carries with it many significant benefits, such as the right to carry a U.S. passport, the right to vote in national, state, or regional elections, and the eligibility to receive some government-provided benefits that are set aside especially for citizens. How to Become a U.S. Citizen In order for a permanent resident to become a U.S. citizen, that person must complete a process called…
  • USCIS Issues Groundbreaking Memo that Enhances the Protections of the CSPA

    13 Aug 2014 | 3:10 pm
    Immigration law allows the spouses and children of a direct beneficiary of an immigrant petition to accompany the direct beneficiary to the U.S. and receive their own green cards as dependent beneficiaries. To immigrate as a spouse dependent beneficiary is fairly easy. The marriage must have been created before the direct beneficiary received the green card. However, immigrating as a child dependent beneficiary can be a bit tricky. To immigrate as a child dependent, the individual must meet the definition of "child" that is outlined in immigration law, meaning the individual must, at the time…
  • States Differ on Their Reactions to Helping the Unaccompanied Minor Children

    8 Aug 2014 | 2:00 pm
    The immigration-related issue that has captivated the national media in the past month concerns the growing humanitarian crisis at the southern border of the United States, where thousands of foreign national children are entering the country by themselves in order to flee gang-fueled violence and other dangers in their home Central American countries. While the nation still anxiously awaits Congress' movement on comprehensive reform, immigration advocates and opponents alike are now also waiting for President Obama to decide what to do with the more than 50,000 unaccompanied minors who are…
  • Will President Obama Execute His Authority to Help the Immigrant Children?

    23 Jul 2014 | 2:00 pm
    Immigration topics frequently captivate the national media as the country continues to wait anxiously for the House of Representatives to pass any sort of comprehensive immigration legislation. In the nearly two years that have elapsed since the Senate passed its own immigration bill, Congress has not come any closer to making immigration reform a reality. While the topic of reform typically dominates the national discussion on this issue, a new development has occurred recently that is now taking the media spotlight and creating a fervor of national discussion and debate. This new…
  • Immigrant Advocacy Groups Sue U.S. for Failure to Provide Lawyers to Unauthorized Minor Immigrant Children

    23 Jul 2014 | 1:37 pm
    This week, the immigration-related topic that has captivated the national media concerns the great influx of foreign national children who are coming by themselves to the U.S. from Mexico and Central American countries, including El Salvador and Guatemala. The President has found himself in a political and practical bind as he tries to convince Congress to authorize an emergency grant of over $3 million to be used to address this increase in border crossings. Apart from the practical logistics of coping with the more than 50,000 unaccompanied and minor children who are now in the U.S., the…
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    Boston Business Litigation Lawyer Blog

  • Non-Compete Agreements Survive Another Legislative Session

    5 Aug 2014 | 11:38 am
    Massachusetts legislators have once again declined to amend Massachusetts law relative to non-competition agreements, which operate to ban employees who sign them from working for competitors after they leave a company. According to the Boston Herald, the final version of a proposed Massachusetts economic development bill will not include language placing limitations on non-compete clauses, as many of those opposed to non-competes had hoped. The legislation has been hotly debated for years. Most of those in favor of keeping non-compete agreements valid and enforceable are employers and owners…
  • Ruling Emphasizes Punitive Nature of Attorney's Fees Award Pursuant to M.G.L. c. 93A

    22 May 2014 | 9:28 am
    In Holland v. Jachmann, the Massachusetts Supreme Judicial Court (SJC) considered whether the attorney's fees attributable to the plaintiff business's in-house counsel are recoverable as part of assessed damages in a successful claim under M.G.L. c. 93A (Chapter 93A). There, the dispute arose out of a complicated business transaction that effectively split the plaintiff company in two. The defendants were found to have violated Chapter 93A on eight counts, including flagrant breaches of contract and deceptive business practices. Chapter 93A gives a court discretion to award attorney's fees…
  • Employee Bound to Arbitrate Claims Against Employer Based Upon Language in Employee Handbook

    15 May 2014 | 10:21 am
    In a recent ruling from a federal district court in Massachusetts, the court held that the terms regarding an arbitration program contained in an employee handbook operated as a binding agreement to arbitrate the employee's discrimination claims against the employer. In Daniels v. Raymours Furniture Co., Inc., the plaintiff had been an employee of the defendant-employer. When he was hired, the plaintiff was required to review and acknowledge receipt of the employer's employee handbook containing the company's employment policies. A few months later, the employer adopted an arbitration…
  • "GRONK" Trademark Claim Lives On

    8 May 2014 | 12:25 pm
    Last month, the United States District Court, District of Massachusetts ruled that New England Patriots player, Rob Gronkowski, and his two brothers sufficiently alleged claims of trademark infringement against the defendant, Sully Tees, LLC, allowing the football players to proceed with the case. In Gronk Nation, LLC v. Sully's Tees, LLC, brothers Rob, Christopher, and Daniel Gronkowski - all professional football players - alleged that one or more of them have been well known for their athletic achievements since at least the fall of 2005, and are associated with the word or nickname…
  • City Employer Cannot Deny Retired Employee Value of Earned Compensatory Time

    24 Apr 2014 | 1:11 pm
    The Massachusetts Wage Act has teeth. Among other things, it helps ensure that employers timely pay employees all earned wages, as that term is broadly defined, under the threat of mandatory triple damages, attorney's fees, and costs of litigation for violation of the Act. Leaving little opportunity for employers to avoid their pay obligations to employees, the Act specifically prohibits an employer from entering into a contract with an employee that exempts the employer from his Wage Act obligations. Earlier this month, the Massachusetts Appeals Court struck down two arguments advanced by an…
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    Palo Alto Estate Planning Blog

  • Too Old to Drive?

    Liza Hanks
    3 Aug 2014 | 2:31 pm
    This week, an elderly driver lost control of his car and crashed into a cafe on University Avenue in Palo Alto, injuring six, including himself. News reports say that the driver was trying to park, and accidentally hit the gas pedal instead of the brake pedal. As we, or our parents, age, the question of when someone should stop driving is almost certain to come up.  While it is true that impaired driving isn’t always a factor of age, it is also true that as we age our reactions slow, our vision declines, our hearing decreases, our flexibility and strength decline, cognitive and…
  • Summer Time Is Here: Estate Planning on the Run

    Liza Hanks
    11 Jul 2014 | 5:34 pm
    Inevitably, in the summer months, I get phone calls from people who are about to take a trip somewhere, often within just a few days. Sometimes they have a Will or a trust that’s out of date; sometimes they have no estate planning documents at all; sometimes they have just finished getting divorced and are in a panic because they haven’t gotten around to updating their Will or trust. Much as I try to help everyone who calls, sometimes (often) there’s just not enough time to update their documents before that plane takes off or the road trip starts. What to do? Although none…
  • What Not to Leave Behind: Massive Piles of Paper

    Liza Hanks
    9 Jul 2014 | 5:01 pm
    Recently, a client of mine described having to go through about 30 years of their father’s financial records after he had passed away. Needless to say, that’s not an easy task, especially when you’re not entirely sure what to look for, what to keep, and what to throw away. And, here’s the real point: most of us save more paper records than we need.  One really nice legacy NOT to leave behind are massive piles of redundant, out of date financial records. Here’s a list of what to keep and how long to keep it.  Do your children a favor — throw away the…
  • Building Up Your Own Credit Score After Your Spouse Dies

    Liza Hanks
    30 May 2014 | 6:37 pm
    Losing your spouse is hard enough. But some surviving spouses also discover that they lose their ability to get credit  as well.  This is because they have no independent credit history since all of the couple’s credit cards and loans were in the name of the deceased spouse. For many women, in particular, this can be a shocking discovery. But if a woman did not work outside the home, never had a credit card in her own name, and has no record of an independent income, she runs the risk of having her credit cards cancelled after the death of her spouse, or loans denied, even if…
  • Veteran’s Life Insurance

    Liza Hanks
    23 May 2014 | 4:30 pm
    On Monday we celebrate Memorial Day, and that seems like a perfect occasion to write about something that many people may not know about until their loved one dies: life insurance policies that date back to World War II or the Korean War. Did you know that the U.S. government issued over 22 million life insurance policies to service members between 1940 and 1951? These policies were for $10,000 and were either permanent or renewable. Today, according to the US Department of Veterans Affairs, there are over 950,000 of these policies still in force, and the average age of the policyholders…
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    Florida Tax Lawyer Blog

  • Colorado Shocked With Pot Tax Revenue

    15 Aug 2014 | 3:19 pm
    One of the main goals accomplished by legalizing marijuana in Colorado was the perceived increased revenue stream from state tax. Lawmakers strongly believed Colorado would benefit financially from the legalization of marijuana in its state. To their shock and dismay, the legalization has not been as profitable as lawmakers had hoped. By way of brief background, Colorado enacted a pot tax in 2013. Specifically, on November 5, 2013, Colorado voters passed the pot tax. The tax operated similar to other sin taxes in that it came at a hefty rate. Recreational marijuana sales were subjected to a…
  • Should Gas Stations Fight Two-Tiered Pricing?

    29 Jul 2014 | 1:15 pm
    Have you ever wondered why gas stations often advertise two different prices on their sign? If you have not, then start looking and you will notice most stations advertise one price for cash (or company specific credit cards, such as Mobil, Shell, Chevron, etc.) and another for credit. The $0.10 difference, known as two-tiered pricing, is an attempt by station owners to recover steep credit card fees by incentivizing customers to use cash. Over the past few years, many customers have expressed frustrations towards the station owners by being lured into a gas station for a lower price only to…
  • SCOTUS Decides to Hear CSX - But Why?

    21 Jul 2014 | 2:07 pm
    Each year, the Supreme Court punts on dozens of cases. Included in the dozens of cases which the court elects not to hear each year are sales tax cases. They are uninteresting to the majority of the population and just not the type of cases the justices want to hear. In fact, despite having a significant affect in most multi-state businesses, the Supreme Court has not heard a sales tax nexus case since Quill in 1992. If there was ever a case to hear, it was Amazon and Orbitz versus New York. At issue was the two large online retailers versus the mighty state of New York. To the dismay of many…

    10 Jul 2014 | 9:58 pm
    It is hard to believe we are more than halfway through 2014. What is not surprising is that states continue to battle with online companies, such as Amazon, as to whether it should be required to collect and remit sales tax. States continue with aggressive tactics and continue to look to distribution centers, affiliates, or even hard drives as a hook to establish nexus, which would require the company to collect and remit tax in that state. In 1992, the Supreme Court of the United States heard a case called Quill v. North Dakota. In announcing the supreme law of the land, the Supreme Court…
  • Masterworks on Loan - Love of Art or Sales Tax Savings?

    1 Jul 2014 | 3:16 pm
    Museums are often able to keep their collections diverse because of the wealthy art collectors that are willing to loan their pieces to them. On the surface, this seems like a very honorable act, but what many don't know is there is a hefty tax incentive for these collectors. There is an increasing amount of art collectors that are employing this sales and use tax savings tactic when purchasing expensive art. As brought to the forefront in a recent NY Times article, they are using clever legal planning to get around paying a substantial sales (or use) tax bill on a multi-million dollar piece…
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    New Jersey CPA Tax Lawyer Blog

  • Rental Business' Failure to Commence Dooms Business Expense Deduction

    6 Aug 2014 | 10:07 am
    In recent years, buying and selling houses has become more difficult, leaving more people to pursue renting out houses they own but do not occupy and cannot sell. For these taxpayers, the tax code establishes clear criteria for what qualifies as a valid business and when they may claim a business expense deduction for their mortgage interest. These taxpayers should take note of a recent US Tax Court case that denied a Southern California couple the deduction because the couple did not meet all these criteria, thus allowing the Internal Revenue Service to disallow the couple's business expense…
  • Mom's Attempt to Deduct Basement Office Expense, Wages to Children Falls Flat

    16 Jul 2014 | 10:18 am
    A businesswoman's attempt to maximize her business expense deductions ultimately went too far, according to a recent US Tax Court ruling. The court decided that the woman did not have sufficient basis for claiming that one-third of her home was deductible office space, and that the facts of her case did not support her claim that she paid compensation to her three minor children. Patricia Ross carried on multiple business ventures in 2007 and 2008, some of which she ran from the basement of her home. The businesswoman also put her three children, ages 15, 11, and 8, to work for one of her…
  • Statute's Strict Requirements Doom Sales Representative's Vehicle Expense Deduction

    3 Jul 2014 | 3:08 pm
    Many people maintain jobs that require them to travel for work, and many of those employers do not compensate their workers for those expenses. Taxpayers in this situation should take heed to a recent ruling by the US Tax Court, which sided with the Internal Revenue Service in disallowing a taxpayer's $20,000 vehicle expense deduction. Even though the taxpayer used the standard mileage rate, and had records showing the miles he had driven, the Tax Code required more detailed information that the taxpayer did not keep. Mr. Garza's tax troubles related to certain expense deduction claims he…
  • Lack of Proof that Expenses Were Customary, Helpful to Law Practice Scuttles Business Expense Deduction

    20 Jun 2014 | 10:37 am
    An attorney's attempt to claim that he racked up more than $400,000 in ordinary and necessary expenses in operating a solo law practice failed with the Internal Revenue Service and also did not persuade the US Tax Court. Although the taxpayer had receipts and credit card statements showing how he incurred his claimed expenses, the taxpayer could not explain how most of the expenditures were customary or beneficial to his law firm, leaving the court to uphold an IRS decision disallowing roughly 80% of the expenses the taxpayer claimed. In 2007, Richard Canatella was the sole proprietor of a…
  • Taxpayer, IRS Battle Regarding Whether Gift Was a Valid Charitable Contribution or Impermissible Sham

    6 Jun 2014 | 7:56 pm
    A short-lived partnership's attempt to claim a $33 million deduction for the donation of stock to a university hit a snag when the Internal Revenue Service declared the whole thing a sham and sought to disqualify the donation from eligibility for the charitable donation deduction. Despite the taxpayer's arguments to the contrary, the US Tax Court concluded that a transaction's economic substance, or lack thereof, did bear upon a charitable donation's qualification for the deduction. A little more than two years after forming it, RERI Holdings I's partners dissolved the entity. During its…
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    The Hernandez Law Firm

  • Blood Test Inaccuracies – NJ

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

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

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

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

    23 May 2014 | 8:52 am
    Expect plenty of DUI checkpoints in Ocean County this holiday weekend. The police normally target long weekends when they know people will be out and about so you can expect to see them out in full force. As always we ask you to make wise decisions. If you are stopped at a DWI checkpoint, knowing the laws can protect you against a false arrest.  Here are some tips to protect you: 1. DO NOT answer any questions. You have the Right to Remain Silent. So politely tell the officer you choose to remain silent. 2. DO NOT perform the field sobriety tests. You are not required to do them by law…
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    Securities Lawyer 101 – SEC Law & Direct Public Offering Attorneys

  • Going Public Blog l Securities Lawyer 101

    1 Jan 2101 | 6:23 am
    Going Public Lawyer  Securities Lawyer 101 Blog Going public is a big step for any company.   The process of “going public” is complex and at times precarious. While going public offers many benefits it also comes with risks and quantities of regulations with which issuers must become familiar.  Despite the risks even in a down economy, the U.S. market remains one of... Read MoreGoing Public Lawyer
  • EB-5 Source of Funds Requirement

    20 Aug 2014 | 9:00 pm
    Going Public LawyerSecurities Lawyer 101 Blog The EB-5 visa program grants foreign investors a green card for themselves and their immediate family in exchange for a capital investment of at least $500,000 in a qualified U.S. business enterprise.  To qualify under the EB-5 program, a foreign investor has two options. These are to make an individual investment of at least $1million in a... Read MoreGoing Public Lawyer
  • Social Media and Being Publicly Traded

    20 Aug 2014 | 9:00 pm
    Going Public LawyerSecurities Lawyer 101 Blog Publicly traded companies are increasingly using their company websites and the social media to communicate information to the public.  Investors are increasingly turning to electronic media as a principal source of information about publicly traded companies. In 2000, the SEC adopted Regulation FD under the Securities Exchange Act of 1934 to address selective disclosure of information by... Read MoreGoing Public Lawyer
  • Preparing and Filing SEC Form D

    18 Aug 2014 | 3:46 am
    Going Public LawyerSecurities Law Blog Regulation D under the Securities Act of 1933, as amended (the “Securities Act”) provides exemptions that permit a company to offer and sell its securities without complying with the registration statement requirements of the Securities Act if certain conditions are met.  A company claiming an exemption under Regulation D is required to file a Form D –... Read MoreGoing Public Lawyer
  • Exempt Direct Public Offering Insights

    17 Aug 2014 | 4:35 pm
    Going Public LawyerSecurities Lawyer 101 Blog One of the most important aspects of the going public process involves deciding the terms of the offering that will be presented to investors.  The terms of a company’s offering could have future impacts on your business.  Investors want to know they will an exit strategy in the future and this can be accomplished a number... Read MoreGoing Public Lawyer
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    Dallas Justice » Criminal Law Blog

  • The Mike Brown Law: Will Police Be Required to Wear Body Cameras?

    Michael Lowe
    20 Aug 2014 | 1:48 am
    As the events in Ferguson, Missouri, continue to unfold, a proposed new law is being advanced for all law enforcement in this country, the “Mike Brown Law.” It would require all police officers to wear a camera as part of their uniform, so all their actions on the job would be recorded. Image: The Prima Facie® Body Camera by SafetyVision The campaign for the “Mike Brown Law” has already gathered over 100,000 signatures on a petition at in the past five days. Here is the full language of the petition: WE PETITION THE OBAMA ADMINISTRATION TO: Mike Brown Law. Requires all…
  • Prosecutorial Misconduct in Texas: Continuing Injustice

    Michael Lowe
    13 Aug 2014 | 11:38 am
    For criminal defense lawyers in Texas, the idea that prosecutors are human and sometimes do very bad things isn’t news. It’s something to be monitored during every case and almost every day you ask yourself the question: is the prosecutor trying to pull a fast one here? Real life isn’t like TV shows, albeit even Law & Order’s Jack McCoy was known to push the edge of the envelope. List of Reported Cases of Texas Prosecutorial Misconduct However, it is becoming more and more shocking just how many Texas prosecutorial misconduct cases are being reported in the news media these days.
  • Federal Conspiracy to Distribute Case: Reduced 73.5%

    Michael Lowe
    11 Aug 2014 | 2:44 pm
    Mr. Lowe’s client was arrested by the Drug Enforcement Administration and Mesquite Narcotics Task Force with the assistance of DPS on I-20 in Van Zandt County, Texas.  The client was determined to be in possession of 15 kilograms of powder cocaine.   Mr. Lowe’s client was ultimately charged with Conspiracy to Distribute 5kg (kilograms) or more of Cocaine in violation of 21 U.S.C. section 846 and 21 U.S.C. 841(b)(1)(A).   Mr. Lowe’s client was eventually indicted in the Eastern District of Texas and the case eventually assigned Federal District Judge Marcia Crone.  Mr. Lowe’s…
  • Defense Lessons of the Dallas Crime Lab and the Michael Phillips Exoneration

    Michael Lowe
    6 Aug 2014 | 3:15 pm
    The Dallas Crime Lab has made the national news (along with the history books) by being the first crime lab to have its DNA evidence form the basis of a wrongful conviction exoneration where the defendant didn’t move for the re-testing of the crime lab results. This is a big national news story.  You can read the details in coverage like the story in the Christian Science Monitor, “Justice delayed: Texas man first to be cleared by DNA review of old rape kits,” and in the Washington Post, “Texas man exonerated through DNA testing he didn’t know was going to happen.” Dallas County…
  • The John Wiley Price Case: a Dallas Criminal Defense Lawyer’s Predictions

    Michael Lowe
    30 Jul 2014 | 2:03 pm
    First things first, the recent arrest of Dallas County Commissioner John Wiley Price is a big deal here in Dallas.   News of the FBI arresting Mr. Price on corruption charges came as a huge shock to many people in our neck of the woods. Some folk are still reeling from the news. Dallas Cty Commissioner John Wiley Price   Why? This is a Big Fish Caught in the Federal Net John Wiley Price is a well-known political activist here in North Texas.  He became Dallas County’s first African-American commissioner back in 1984. He’s served as a County Commissioner ever since.  Beloved by…
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    South Florida Personal Injury Lawyers Blog

  • Southern District of Florida Dismisses Mesothelioma Lawsuit Against Manufacturing Company: Rothchild v. Crane Co.

    Friedman, Rodman & Frank, P.A.
    14 Aug 2014 | 9:18 am
    The Southern District of Florida has dismissed a man’s damages claim against a company he alleges caused him to be exposed to asbestos. In Rothchild v. Crane Co., a man who contracted mesothelioma from his exposure to asbestos fibers filed a lawsuit in state court seeking damages from a manufacturing and distributing company. After the case was removed to federal court, the man alleged he was injured as a result of his exposure to products containing asbestos that the company produced and sold. Although the man claimed that he was exposed to the company’s asbestos-containing products at a…
  • Florida Court Grants Summary Judgment in Favor of Insurer in Motorcycle Crash Case: American Economy Ins. Co. v. Traylor/Wolfe Architects, Inc.

    Friedman, Rodman & Frank, P.A.
    11 Aug 2014 | 9:17 am
    In American Economy Ins. Co. v. Traylor/Wolfe Architects, Inc., a man filed a personal injury lawsuit against an architect and his company following a motor vehicle accident. According to the man’s complaint, he was injured when the architect caused a collision by negligently driving his personal sport utility vehicle into the path of his motorcycle. In his complaint, the man alleged the architecture company was vicariously liable for the architect’s negligent behavior. The doctrine of vicarious liability allows an injured person to hold an employer financially responsible for the…
  • $15.8 Million Jury Award Reduced in Wellington Family’s Wrongful Death Case: Wisekal v. Laboratory Corp. of America Holdings

    Friedman, Rodman & Frank, P.A.
    7 Aug 2014 | 11:23 am
    The United States District Court for the Southern District of Florida has overturned a jury’s award of approximately $15.8 million in non-economic damages in a wrongful death lawsuit. In Wisekal v. Laboratory Corp. of America Holdings, a laboratory processed two cancer screening tests for a Wellington woman over the course of two years. Although both tests returned a negative result, the woman went to a hospital emergency room for pain and learned she had a large cancerous tumor. She later died as a result of the cancer, and her estate filed a wrongful death lawsuit against both the…
  • 11th Circuit Says Florida Workers’ Compensation Laws Apply to Temporary Driver Injured in Dump Truck Crash: Wesco Insurance Co. v. Casto

    Friedman, Rodman & Frank, P.A.
    4 Aug 2014 | 11:21 am
    In Wesco Insurance Co. v. Casto, a man sued a Florida company in federal court for personal injuries he allegedly suffered in a collision while driving a dump truck that was owned by the company. In response to the lawsuit, the company sought defense and indemnity from its motor vehicle insurer. The insurance company then filed a motion for summary judgment, arguing the injured man was an employee at the time of his injury. According to the insurer, the man’s injury was subject to the Floridaworkers’ compensation statute and excluded from coverage pursuant to the terms of the company’s…
  • Orlando Court Rules on Evidentiary Issues in Bad Faith Insurance Case: Soto v. GEICO Indemnity Co.

    Friedman, Rodman & Frank, P.A.
    29 Jul 2014 | 8:29 am
    The Middle District of Florida in Orlando has refused to allow an automobile insurance company to introduce certain evidence in a bad faith insurance lawsuit. In Soto v. GEICO Indemnity Co., two drivers were involved in a motor vehicle accident in Volusia County, Florida. At the time of the crash, the at-fault driver was insured by GEICO Indemnity Co.  Following the traffic wreck, the other motorist sued the at-fault driver and her insurer for damages related to the injuries the plaintiff allegedly sustained in the auto collision. Following a trial before the Circuit Court of the Seventh…
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    Massachusetts Social Security Disability Lawyers Blog

  • Boley v. Colvin: On SSDI Adjudication Procedures

    21 Aug 2014 | 1:13 am
    Boley v. Colvin, an appeal argued before the United States Court of Appeals for the Seventh Circuit, involved a claimant whose application for Social Security Disability benefits was denied. The Social Security Administration (SSA) is the federal agency that denied her claim for disability benefits. As your Boston Social Security Disability Insurance lawyer can explain, the SSA denies most applications for SSDI and SSI benefits as a matter of practice. It is often only after aggressive representation by a disability attorney that claimants are able to obtain the benefits to which they are…
  • Social Security Disability Insurance Claims and PTSD

    19 Aug 2014 | 1:09 am
    According to a recent article in the LA Times, the influx of disability claims related to Post Traumatic Stress Disorder (PTSD) is leading to a variety of problems. The article follows a 49-year-old man who explains he is so plagued by paranoia when in a crowded situation that he must carry a gun to feel secure. Due to his frequent nightmares and Iraq War flashbacks, he is afraid he might accidentally shoot someone. The psychiatrist evaluating the claimant is skeptical and believes the veteran is exaggerating his PTSD symptoms to get benefits. While these symptoms track exactly to the PTSD…
  • Hanson v. Colvin: A Critical Look by a Court of Appeals on a Denial of Benefits

    15 Aug 2014 | 7:27 pm
    In Hanson v. Colvin, an appeal heard in the United States Court of Appeals for the Seventh Circuit, the claimant filled for Social Security Disability (SSDI) benefits from the Social Security Administration (SSA) because he was unable to work a full 40-hour week due to acute back pain. The claimant asserted that the back pain would radiate to his leg, making it even more difficult for him to work a full week. According to court records, the claimant takes a variety of pain medication, including oxycodone and Percocet that he reports helps with pain but does not eliminate it. The application…
  • SSDI Program in Urgent Need of Help from Congress

    13 Aug 2014 | 7:36 pm
    Our Boston Social Security Disability Insurance attorneys understand the importance of keeping up with current changes with the SSDI program. According to a recent article in the Wall Street Journal, Medicare's hospital program expenditures were lower in 2013 than they were in 2012. This is thought to show a leveling off of the increases in health care costs that we have been experiencing. Based upon these promising trends, the Social Security Administration is predicting that it will be able to pay all benefits through the year 2030. The last estimate predicted funding to run out in 2026.
  • Williams v. Colvin: Determining the Date of Disability for the Purpose of SSDI

    10 Aug 2014 | 7:41 pm
    Williams v. Colvin, an appeal from the U.S. Court of Appeals for the Seventh Circuit, involved a 44-year-old claimant who applied for Social Security Disability Insurance (SSDI) benefits due to what she called a cascade of physical and psychological events that occurred in 2002. She claimed that she was no longer able to work due to fibromyalgia, which is a neurological condition that can cause extreme neurological pain and emotional distress. Some of the symptoms of fibromyalgia, as noted by the U.S. Court of Appeals, are musculoskeletal pain, fatigue, memory loss, mood disorders, and…
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    Austin Immigration Lawyer Blog

  • Immigrants Released Due to Deportation Costs

    13 Aug 2014 | 3:39 am
    A report issued this week by the inspector general for the US Department of Homeland Security said that officials at the United States Immigration and Customs Enforcement Agency (ICE) released more than 2,000 immigrants who were on the verge of being deported apparently because it would have been too expensive to follow through on deporting them. The Secretary of the DHS was kept unaware of the immigrants' release and the Obama administration subsequently denied rumors that the plan to do so was in place and being carried out. The report also stated that there was insufficient planning on the…
  • Lebanese Man Lived in US for Over 20 Years on Someone Else's Passport

    11 Aug 2014 | 3:24 am
    A 71-year-old Lebanese man who was arrested in July for coming into the United States more than 20 years ago using someone else's passport indirectly and unintentionally admitted his involvement in the torture and ultimate murder of two Irish soldiers. The man, Mahmoud Bazzi, who has been living in Dearborn, Michigan and working as an ice cream salesman, had initially denied any wrongdoing but eventually agreed to be deported. The illegal immigrant became a suspect in the deaths of the soldiers which occurred in 1980 as well as in the shooting of another soldier which occurred in his home…
  • Risks of Deportation a Serious Issue for Underage Immigrants

    30 Jul 2014 | 12:56 am
    There have been literally thousands of stories coming out of US border states about immigrant children, adolescents, and teenagers who have crossed over the US-Mexico border into the United States and are hoping for permission to stay in the country. One such story involves a Central American youth who has been living in Dallas-Fort Worth with his grandmother for almost a year and who was given a summons to appear in immigration court in late July. The young man does not speak English and neither he nor his grandmother has enough money to be able to afford an immigration attorney. He told…
  • Immigration Advocates and Opponents Both React Strongly to Tough Republican Bills

    28 Jul 2014 | 12:46 am
    The Republican-controlled House of Representatives passed a number of immigration bills last week that are not likely to get passed into law but nevertheless have become the subject of strong criticism from both sides of the aisle as well as from immigration advocates and opponents. One of the bills which was adopted with only a single vote from the Democratic Party, called for the allocation of $694 million for the modification of a law against human trafficking that was passed in 2008. The modification would lift certain immigration restrictions and make it easier for unaccompanied underage…
  • What You May Not Know About Immigration Checkpoints in the US

    23 Jul 2014 | 1:39 pm
    The US Border Patrol is considered one of the most important elements of America's national security infrastructure. But the Border Patrol doesn't operate the same in all of its many locations around the country. Agents who are stationed at airports and other locations along the southern border of the United States have a bit of a different modus operandi than those at other locations. This was evidenced during a recent incident involving Pulitzer Prize winner and immigration activist Jose Antonio Vargas when the former journalist was detained at an airport in south Texas following…
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    Immigration and Visa Lawyers Blog


    6 Aug 2014 | 1:08 pm
    All of us watching the news know that the ceasefire is in effect in Israel. And as it enters the second day in Israel, the NIV unit within the U.S. Embassy in Tel Aviv has elevated its visa processing from "emergency" based to "special". This means that they will begin to accept B visa interviews on a limited basis. B visa applicants whose interviews were cancelled over the last several weeks will be notified via email of a new interview date. The NIV Unit continues to accept application for the following visa types: - Urgent appointments approved by the Embassy - Student visas (F and M) and…

    1 Jul 2014 | 3:10 pm
    In the Rose Garden yesterday, President Obama reiterated his commitment to immigration reform and reproached House Republicans for their unwillingness to confront this important issue. Speaking a year ago to the month when the Senate passed an immigration reform bill, the President outlined what Republican obstruction has meant over the past year: • We have fewer resources to strengthen our borders; • Businesses can still game the system by hiring undocumented workers -- which punishes businesses that are playing by the rules and hurting the wages of hard-working Americans; • The best…

    29 May 2014 | 5:04 pm
    Douglas T. Stump, President of the American Immigration Lawyers Association (AILA) responded to news reports that President Obama has delayed the completion of the Department of Homeland Security's (DHS) review of deportation policy until August: "If House Republicans were waiting for an invitation to get immigration reform done, they just received an engraved one. With Obama's announcement, the White House is giving even more time for Congress to act long after many thought that window should be slammed shut and executive action be taken. "To me, this delay of administrative action is the…

    23 May 2014 | 7:45 pm
    While Congress continues to stall the passage of comprehensive immigration reform, several immigration groups, including the New York Legal Assistance Group (NYLAG), strongly support Obama administration and its initiative that can bring relief to deserving immigrants and benefit the nation as a whole. NYLAG believes that one of the more prudent and expedient measures available to the administration would be to broadly expand an initiative called "parole in place" (PIP). By doing so, as many as one million undocumented immigrants would be able to secure green cards and become more productive…

    19 May 2014 | 11:37 am
    ACLU reported on Friday, that in a victory to immigration detainees, United States District Court Judge for the Northern District of California, Yvonne Gonzalez Rogers granted a motion for a preliminary injunction and motion for class certification in Preap v. Holder in a class action lawsuit, where Asian Americans Advancing Justice - Asian Law Caucus and the American Civil Liberties Union of Northern California, with lead counsel Keker Van Nest, LLP, challenged the federal government's practice in California of detaining certain immigrants without bond, often for many months, while they face…
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    Health Care Law Blog

  • Medicare Issues for Direct Pay and Concierge Practices

    14 Aug 2014 | 9:04 am
    The strain of health care reform and third-party-payer bureaucracy will likely continue to push physicians towards non-traditional business models for practicing medicine. This is especially true for non-specialists. As the trend of physicians to find viable practice model alternatives grows, it is widely expected that the number of direct pay and concierge physician practices will increase significantly. Atlanta Medical Practice and Health Care Law Firm Our health care law practice is particularly interested in direct pay and concierge medicine legal issues. While the particulars may vary,…
  • Medicare Fraud: Federal Strike Force Brings Nationwide Charge Against 90 Individuals

    31 Jul 2014 | 10:27 am
    As part of the Centers for Medicare and Medicaid Services' (CMS) continued efforts to combat Medicare fraud, federal charges were recently brought against 90 individuals across the nation for false billings to Medicare, totaling $260 million dollars. These charges were the result of a collective task force comprising federal, state, and local agencies and the use of data analysis and increased community awareness. This takedown marks the seventh national takedown conducted by the federal Medicare Fraud Strike Force. The goal of the Medicare Fraud Strike Force is to protect taxpayer resources…
  • Healthcare Whistleblower Claims Based on Self-Referral Arrangements

    17 Jul 2014 | 12:23 pm
    Two federal laws regulate referrals and financial arrangements between healthcare providers and facilities - Stark Law and the Anti-Kickback Statute.1 These laws have recently been at the center of important healthcare whistleblower fraud cases. While both serve the same essential purpose - to eliminate improper financial incentives that interfere with independent medical judgment and good patient care - they do so in slightly different ways and contexts. Stark Law (also known as the "Ethics in Patient Referrals Act") prohibits physician referrals of specified or "designated health services"…
  • Negotiating Professional Liability Insurance Protection in Physician Employment Agreements

    10 Jul 2014 | 9:31 am
    In our practice as an Atlanta and Augusta health care law firm, we see varying options regarding professional liability insurance coverage made to physicians in their employment agreements. All doctors apprehend in general that there are financial risks associated with potential malpractice claims. While the need to obtain liability insurance is obvious, the right coverage for particular circumstances and how coverage works can be less obvious. Understanding the type of professional liability coverage proposed in a physician employment agreement and how the coverage mechanics work is an…
  • HIPAA's Teeth

    1 Jul 2014 | 12:26 pm
    Although most health care providers understand in the abstract that they must comply with The Health Insurance Portability and Accountability Act of 1996 (HIPAA), many may not fully appreciate the legal and financial significance of noncompliance. More and more, the federal government utilizes HIPAA enforcement options to protect the public interest in security, including the following strong incentives for HIPAA compliance. HIPAA Civil Penalties Caps on penalties for HIPAA violations by covered entities were increased in 2009 by the enactment of the HITECH Act. Covered entity civil penalties…
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    Pleasanton Business & Commercial Law Blog

  • Benefit Corporations Enable California Business Owners to Serve the Public Good

    15 Aug 2014 | 4:52 pm
    The "one and only social responsibility of business," according to the Nobel Prize-winning economist Milton Friedman, is "to increase its profits so long as it stays within the rules of the game." Making money is the goal is just about any for-profit business, but a common criticism of much of American business is that acting to serve its own ends often fails to benefit society. Some business owners, in addition to making a profit, might want to work towards goals that have a social, economic, or environmental benefit. Several states, including California, have enacted laws allowing the…
  • Ninth Circuit Rules in Favor of Video-Rental Company in Lawsuit Alleging Violations of California Privacy Law

    31 Jul 2014 | 1:02 pm
    New technologies are automating some transactions that once involved a customer and a merchant meeting face-to-face. As always, the law is not quite keeping pace with the latest developments, which leads to conflicts that the courts must resolve. California's Song-Beverly Credit Card Act, Cal. Civ. Code § 1747 et seq., protects consumers in part by prohibiting anyone accepting credit card payments from requiring disclosure of personal information. This has applied to in-person credit card transactions for years, but courts have recently ruled that it does not apply to certain online…
  • Use of a DMCA Takedown Notice to Enforce a Trademark Could Expose California Business to Sanctions

    15 Jul 2014 | 1:13 pm
    A California business, alleging that a Facebook page infringed its trademark, sent a takedown notice under the Digital Millennium Copyright Act (DMCA) to Facebook. It then filed suit in federal court against the blogger who created and maintained the page. The blogger filed a counterclaim, alleging in part that the use of a DMCA takedown notice in a trademark claim was materially false, and that the business was therefore liable for damages. A federal judge ruled earlier this year that the blogger had stated a plausible claim and denied the plaintiff's motion to dismiss that part of the…
  • Liability for Cybersecurity Breaches Still Uncertain for Many Businesses

    30 Jun 2014 | 1:14 pm
    Many businesses routinely make use of customers' personally identifiable information (PII), such as names, dates of birth, addresses, and credit card numbers. Now that nearly all business financial activities are computerized and networked, cybersecurity is a major concern. In addition to the risk that a breach by hackers will compromise a company's own sensitive information, theft of customers' PII could result in liability to affected customers. Courts around the country have reached different conclusions regarding this issue. The Ninth Circuit Court of Appeals has held that the risks…
  • Shareholder in S Corporation Must Pay Tax Despite Exclusion from Management

    16 Jun 2014 | 3:35 pm
    The minority shareholder in an S corporation argued that he was not liable for federal tax on the corporation's income because the majority shareholder had shut him out of management, and the corporation had not paid him any salary or distributions. The Internal Revenue Service (IRS) found him liable for the tax and assessed a penalty. He appealed to the United States Tax Court, which rejected his argument that he was not the beneficial owner of the shares and therefore not responsible for the tax. Kumar v. Commissioner of Internal Revenue, T.C. Memo 2013-184. Small businesses, especially…
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  • New York’s Red Light Camera Fines Among The Lowest In Country

    Matthew Weiss
    20 Aug 2014 | 6:45 am
    While no one likes receiving a red light camera ticket, there is one good thing about them.  In New York, they carry one of the lowest fines in the county … $50.00.  Compare this figure to other states in the chart below.   The other goods news is that they carry 0 points and do not affect your insurance rates. With that said, disobeying a red light is a very dangerous violation.  Motorists depend on other drivers to obey lights so that they can enter intersections without fear of being T-boned.  So whenever you approaching a changing light, err on the side of caution for…
  • Can An Out-Of-State Driver Take New York’s Driver Safety Class?

    Matthew Weiss
    6 Aug 2014 | 6:50 am
    We recently had a Florida resident that completed the New York defensive driving course.  He had a point problem in New York and, therefore, wanted to ensure that he received the appropriate credit for the class (i.e., that he received 4 points off his NY record). Our law office contacted the course provider who advised it will notify DMV only if the person has a New York Motorist ID number.  The trick is that, for an out-of-state motorist to have a New York Motorist ID number, he or she must first be convicted of, at least, one moving violation.  Upon conviction to a first offense,…
  • Nassau County Launches Speed Camera Program

    Matthew Weiss
    29 Jul 2014 | 6:43 am
    Last week, Nassau County started installing speed cameras within local school zones.  The first three schools to receive these devices are Plainedge Middle School in Bethpage, Dutch Lane Elementary in Hicksville and Abbey Lane School in Levittown.  All three schools (which are open for summer school), each received a “mobile unit” — an unmarked van equipped with two cameras and a radar machine. In total, 56 speed cameras will be installed by October, one in each of Nassau’s school districts.  Nassau County Executive Edward Mangano predicts that the cameras will…
  • (Traffic) Trial By Combat

    Matthew Weiss
    28 May 2014 | 6:38 am
    I’m a big Games of Thrones fan and am excited to see how Tyrion’s “trial by combat” works out this week.   I therefore could not resist sharing one motorist’s attempt to resolve his case using this ancient Medieval procedure. Accordingly to Wikipedia:  Trial by combat is “a method of Germanic law to settle accusations in the absence of witnesses or a confession in which two parties in dispute fought in single combat; the winner of the fight was proclaimed to be right. In essence, it was a judicially sanctioned duel. It remained in use throughout the…
  • NYC Traffic Judge Caught Speeding 70/40 In A Construction Zone

    Matthew Weiss
    16 May 2014 | 4:17 am reports today that notorious Staten Island traffic judge Brian Levine was clocked on radar going 70/40 in a construction zone.  Levine is the most pro-Police judge in the Traffic Violations Bureau system regularly holding the highest conviction and suspension rates.  Levine was even ordered to take anger management sessions after inappropriate conduct vis-a-vis a motorist over which he was presiding. At our law firm, we often urge prospective clients to refrain from hiring us for Staten Island TVB cases because it is nearly impossible to win there.  Because Levine raises so much…
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    Spencers Solicitors Blog

  • Which of these common driving habits is illegal?

    Spencers Solicitors
    20 Aug 2014 | 6:40 am
    Most of us are aware of the need to avoid distractions when driving, but many people still find it tempting to use their car journey as a time to grab something to eat or catch up on phone calls. You may be surprised by one survey from 2013 that found nearly 50% of women apply cosmetics when driving, which insurers estimate leads to 450,000 car crashes annually. Police have begun using more covert methods to catch increasingly bizarre acts from those behind the wheel. Through this, one police authority in Hampshire released a video of a lorry driver actually brushing his teeth behind the…
  • London's Cycle Hire scheme: Four years on, what's the verdict?

    Spencers Solicitors
    15 Aug 2014 | 12:35 am
    The Barclays public bike-hire scheme in London, popularly called 'Boris Bikes' after Mayor Boris Johnson and based on a similar Paris model, marks its fourth anniversary this month. As part of the fourth birthday celebrations, on the weekend of August 16-17 there was free cycle hire for 24 hours. Yet has it been an unqualified success? With the sponsorship of Barclays Bank ending next year, and Transport for London currently looking for a new partner, what does the future hold for the scheme? Cycling in London - Statistics Over the last four years membership of the scheme has grown to…
  • What has Health and Safety ever done for us?

    Spencers Solicitors
    8 Aug 2014 | 6:57 am
    How often have you been told that 'health and safety' is the reason a common sense request can't be completed? Over the last few years it feels like the H&S excuse has been increasingly trotted out to explain why almost any frustrating procedure is in place and why it cannot be changed. Much of this stems from the Health and Safety at Work Act 1974, which is the primary piece of legislation covering occupational (workplace) safety in the UK. But with all the inconvenience it causes, why on earth did we bring this legislation on ourselves, and was it really worth it? Health and Safety…
  • How can we make horse riding safer on our roads?

    Spencers Solicitors
    30 Jul 2014 | 4:04 am
    We are known as a nation of animal lovers, but that doesn't always seem to be reflected in the level of care taken when motorists encounter horses and riders on the road. It's estimated that there were more than four thousand horse related accidents in 2012, but the British Horse Society believes that traffic accidents involving horses, many on side roads and country lanes, are significantly under reported. Recently, a rider in Dorset had a 'miracle escape' after her horse was knocked by the side of a van as it passed on a country road. Both horse and rider were actually tipped onto the…
  • Surgery in the sun, what are the risks?

    Spencers Solicitors
    10 Jul 2014 | 8:42 am
    Largely due to costs being significantly cheaper compared to the UK, more and more people are choosing to go abroad for surgical procedures. A practice known as medical tourism, it has recently hit the press following several horror stories. With the Daily Mail headlining statistics that more than half of patients end up unhappy with their surgical results, why is this still a popular choice? While undergoing surgery abroad may look appealing, with much cheaper costs and the added bonus of a holiday included, what are the risks and where do you stand legally if things go wrong? Are people…
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    White Plains Personal Injury Lawyer Blog


    12 Aug 2014 | 9:41 am
    In a series of articles, The Journal News has reported in July & August, 2014, a significant increase in job growth. In USA Today, The Journal News on July 31, 2014 published an article "U.S. Economy Gains Steam" after five years of slow growth from the recession ending in 2009. The United States economy is reaching "take off speed". In July, 2014, a number of economic data was released. The nation's economy grew at a 4% yearly rate. The economy's dismal first quarter of 2014, battered by winter, was less of a disaster than first reported. The private sector added more than 200,000 jobs for…

    7 Aug 2014 | 1:47 pm
    We wrote about the real estate market on July 14, 2014 noting the news was mixed. We have now received the results of the second quarter, April through June, 2014 and the news is not good. In an article in the Westchester Business Journal by John Golden, he writes "winter costs chill on regions house sales". The second quarter housing sales in Westchester and the lower Hudson Valley showed a double digit decline from the second quarter of 2013. The Hudson Gateway Multiple Listing Service reported 3195 closing on residential properties in the second quarter across Westchester, Putnam, Rockland…

    29 Jul 2014 | 10:25 am
    A number of news articles since the beginning of June, 2014 have been published pointing out the fall of the unemployment rate. In the Westchester County Business Journal on June 2, 2014, an article was written about unemployment rates falling. The article is entitled "April unemployment below 5% in Westchester". Seven counties in the Hudson Valley Region reported the unemployment rate fell to 4.8%, the lowest level for April in 6 years. Only Long Island had a lower rate of unemployment at 4.5%. Unemployment in the Hudson Valley in April was down from 6% in March, 2014 and 6.4% in April,…

    22 Jul 2014 | 9:35 am
    New York State legislators are being lobbied by consumer groups, trial attorneys, construction groups and insurance companies. The battle is over §240 of the Law Labor which can impose absolute ability on contractors and property owners of multifamily homes and commercial buildings. The law does not apply to one and two family property owners. In an article in the Westchester County Business Journal on May 12, 2014, entitled "No letting go: Business embraces Scaffold Law reform", the New York construction and business groups continue their fight to repeal or amend New York's Scaffold Law.

    14 Jul 2014 | 1:41 pm
    We have been following the real estate market the last 3 months. Many articles have been written, some contradicting each other. In the April 23, 2014 article in USA Today for the Journal News, reported that the housing market continued to sputter because of adverse weather, low supplies of houses and higher costs. In March, 2014, existing home sales declined .2% to an annual rate of 4.59 million, the lowest rate since July, 2012. The article points out that a brutal winter continued to play a role in weak sales. The March statistics reflected closing on purchase agreements sign in January &…
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    Pinellas County Florida Criminal Lawyer Blog

  • Meth Evidence Collected in Illegal Florida Traffic Stop Was Inadmissible, Leads to Reversal of Conviction

    Pawuk & Pawuk, P.A.
    18 Aug 2014 | 7:42 am
    When encountering people they believe have committed crimes, police officers often become keenly aware of traffic offenses. That’s because even the most minor of offenses creates a valid reason to pull over that person’s vehicle. Without that traffic offense, the officer needs some other well-founded reason why he or she believes that person was doing something criminal. If the officer stops a car without either of these things, the stop is illegal, and anything discovered during the stop is inadmissible evidence . This aspect of search and seizure law was on display in the 2d…
  • Pasco Sheriff has your medical records

    Pawuk & Pawuk, P.A.
    30 Jul 2014 | 10:14 am
    In a case that’s been ongoing since 2011, the State of Florida is prosecuting Dr. William Crumbley for allegedly running a non licensed pain management clinic, a third degree felony.  The State alleges that Dr. Crumbley wrote over 14,000 prescriptions for pain pills in a three year span. Dr. Crumbley was previously barred by Medicaid for writing too many perscriptions, however, refused a settlement agreement to stop writing prescriptions.  In order to prosecute Dr. Crumbley, the Pasco County Sheriff’s Office sent undercover officers into his clinic to obtain prescriptions for…
  • Judge Wrongfully Excluded Media from Prospective Juror Examination in ‘Loud Music Trial’, Appeals Court Rules

    Pawuk & Pawuk, P.A.
    29 Jul 2014 | 12:29 pm
    The high-profile prosecution of a man accused of murder and attempted murder in Jacksonville’s “loud music trial” drew national attention and coverage from a huge number of media sources. A recent First District Court of Appeal ruling declared the trial judge wrong to bar the media from the courtroom during certain proceedings, reaffirming the media’s right to attend the courtroom proceedings in person unless it harmed the accused’s right to a fair trial. This decision is an important one to note because, with the increasing number of news sources, especially…
  • Prisoner Gets Second Chance to Seek Credit for Time Served Out of County and Out of State

    Pawuk & Pawuk, P.A.
    10 Jul 2014 | 10:28 am
    A man convicted and sentenced in Pinellas County but who also served time out-of-county and out-of-state received a renewed chance to obtain credit for that time served. The Second District Court of Appeal revived the prisoner’s motion for credit, ruling that due to a three-year gap between the man’s previous and partially successful appeal and his resentencing, he did not file his motion too late. The request stemmed from Michael Gisi’s sentence on several sexually-based crimes related to his relationship with a 13-year-old St. Petersburg girl, with whom he had sex several…
  • Florida Man Gets New Trial Due to Wrongfully Admitted Gun Evidence

    Pawuk & Pawuk, P.A.
    25 Jun 2014 | 8:47 am
    Florida law regarding the admission of evidence relating to firearms is very clear. To be admissible at trial, the state must adequately tie the evidence regarding the gun(s) to the crime for which the accused is on trial. Since the prosecution did not establish that proper connection in Christopher Tolbert’s cocaine trafficking trial, the court should not have allowed the prosecution to use the gun police recovered from the man’s home as evidence. Since the trial court did admit that firearm into evidence in Tolbert’s case, the man was entitled to a new trial, the Second…
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    Oakland Employment Lawyer Blog

  • Johnson & Johnson Removes Hysterectomy Device from Market after Cancer Reports

    Liberty Law
    21 Aug 2014 | 8:26 am
    Johnson & Johnson recently announced that it would remove from the global market a device that is used during uterine procedures such as hysterectomies or the removal of fibroids, after reports that the devices could spread and accelerate the growth of cancers inside women. The devices are called power morcellators. Power morcellators are used to shave tissues or growths into tiny pieces, which can then be removed without open surgery, often laparoscopically or through a tube in the abdomen. However, the masses could sometimes be malignant, and the spinning blades of the morcellators…
  • California Employee Awarded $1.13 Million in Workplace Discrimination Case

    Liberty Law
    18 Aug 2014 | 8:17 am
    Following a three week trial, a California jury awarded a man from Ecuador $1.13 million in a discrimination case he brought against a company that makes sonar equipment. The man claimed he was discriminated against at work because of his national origin. The man had worked for the company, which is a subsidiary of a Danish corporation, for almost 20 years when he was fired in 2011. He says he was given no warning of his termination. The man was an engineer with a master’s degree and a PhD. He began working for the company in 1992 when it was a small family-owned company of eight employees.
  • Study Shows that Accident Rate Unchanged After Banning Cell Phones

    Liberty Law
    14 Aug 2014 | 5:36 am
    Six years ago, California banned drivers from using handheld cell phones. Since that law was passed, 13 states have also passed laws forbidding drivers from using handheld cell phones. However, researchers have recently released a study which evaluated daily accidents in California in 2008 showing that the accident rate during the six months before the ban was the same as the accident rate for the six months following the ban. However, a different study commissioned by the state in 2012 found that the death rate was cut in half after the ban. This most recent study has been discounted by…
  • I am an undocumented worker and I have been discriminated against at work. Do I have the right to sue my employer?

    Liberty Law
    11 Aug 2014 | 5:26 am
    Employees who are here in this country without immigration documentation often endure horrible work environments. Often, their employers are breaking the law by hiring them, and their employers often continue to break the law by failing to follow most employment laws. Some examples of typical actions taken by employers who hire undocumented workers include: failing to pay a minimum wage, failing to pay overtime, paying the employee cash “under the table” and neglecting to report the money to the IRS or the Social Security Administration, providing a hostile work environment, failing to…
  • Pilots Receive Blame in Asiana Airlines’ San Francisco Crash

    Liberty Law
    7 Aug 2014 | 4:56 am
    The plane crash that occurred in San Francisco last year involving an Asiana Airlines flight was recently blamed on the pilots involved. The National Transportation Safety Board held its final hearing on the crash, and released a report with its findings. The accident, which killed three people and injured 49 others, involved a Boeing 777 flying from Seoul to San Francisco. According to the report, the pilots mismanaged their approach to the airport. Five miles from the airport, the plane was flying 450 feet too high. The pilot did not realize he had not put the flight-control system into a…
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    Sonoma County Criminal Lawyer Blog

  • Three Men Arrested in Santa Rosa Drug Bust

    4 Aug 2014 | 8:43 pm
    Earlier this month in Santa Rosa, two men were arrested on drug charges when officers stopped their vehicle near Coddington Mall. According to a report by, as part of the arrest, officers executed search warrants on the home where the men lived. Once at their home, officers uncovered a large supply of drugs and other evidence of drug dealing, including: 2.8 pounds of methamphetamine, 1.1 pounds of cocaine, 13.9 pounds of marijuana, 19 marijuana plants, and $14,000 in cash and three vehicles. Law enforcement estimates the street value of the methamphetamine alone was over $20,000.
  • Northern California Man Charged for Starting Wildfire While Growing Marijuana

    18 Jul 2014 | 10:38 am
    Earlier this month, a 27-year-old man was charged with marijuana cultivation and with recklessly starting a fire in northern California. According to a report by the Guardian, the man's farm in Shasta County caught fire when the exhaust from his truck sparked some dry grass, igniting the entire field. Evidently, the fire has reached a size of up to 3,000 acres and has required the assistance of over 1,000 emergency firefighters. As of Sunday, July 13, the blaze was only 10% under control. Currently the fire is threatening 15 homes and dozens of other structures. Many residents were forced to…
  • Cannabis Cup Comes to Santa Rosa Fairgrounds

    10 Jul 2014 | 7:21 pm
    Just last week, High Times Magazine hosted its annual "Cannabis Cup" at the Santa Rosa fairgrounds. The event, which one report claimed brought in over 5,000 people, was a two-day event celebrating all things cannabis. From cannabis ice cream and other baked goods to hash oil and high-end new strains of marijuana, the Cannabis Cup brought together marijuana enthusiasts from all over the state. Those with medical marijuana cards were able to sample the hash oils and new strains in various tents around the fairgrounds. Some vendors who attended the Cup told reporters that the California…
  • San Jose Man Arrested for Marijuana Possession, Caught with a Weapon

    18 Jun 2014 | 4:07 pm
    Earlier this week in Sonoma County, a San Jose man was arrested for possession of 16 pounds of marijuana when a police officer pulled him over for speeding. According to a report by the San Jose Mercury News, the man was traveling south on U.S. 101 when he was clocked at going 83 miles per hour. When the officer approached the man's vehicle, he noticed that the passenger cabin smelled of marijuana. The officer confronted the man, who explained that he did indeed have three pounds of marijuana in the bed of the truck. Upon searching the truck bed, the officer discovered a 45-gallon bin with 16…
  • District Attorney to Seek Death Penalty in Marijuana-Related Triple Homicide

    10 Jun 2014 | 2:52 pm
    Last year, a Colorado man was arrested and charged with murder in Sonoma County for three killings that allegedly occurred during a drug deal gone bad. According to a report by the local KTVU, the defendant allegedly arranged to buy a large quantity of marijuana from one of the victims. The other two victims were purported business partners of the defendant, who met him in Sonoma County for the purpose of effectuating a large scale marijuana transaction. Evidently, the defendant in this case shot the three victims while they were packaging the marijuana for in one of the victim's mother's…
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    Traffic Law Stop's BlogTraffic Law Stop's Blog

  • Michael Brown Protesters Damage Police Vehicles, Loot Quiktrip

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

    Casey Coats
    10 Aug 2014 | 12:40 pm
    On Saturday, a Ferguson police officer fatally shot an unarmed teen named Michael Bowen. Michael Brown, 18, was shot at approximately 2:15 p.m. in the 2900 block of Canfield Drive. Many witnesses said that the teen was trying to flee when the officer shot him. Angry residents screamed obscenities mixed with threats to the police. More than 60 area police officers responded to the crime scene. After the protests, community members held a candlelight vigil for the slain teen.The next day demonstrators swarmed the streets again, while police officers with assault rifles stood nearby. The…
  • Marijuana Laws to Change in Missouri in 2017

    Casey Coats
    27 May 2014 | 3:38 pm
    For a long time Missouri has had some of the strictest marijuana laws in the country. Attitudes over medical and recreational marijuana use have changed over the years, and some states have even moved forward with full legalization. In 2017, Missouri’s marijuana laws will become a little less strict. In a crime bill recently sent to the Missouri Governor, one of the major changes is to the states marijuana laws. There are a few significant changes: First time marijuana offenders with less than 10 grams of marijuana will not receive jail time but will still face fines of $100-500.
  • MO Supreme Court Refuses to Hear Red Light Camera Cases

    Casey Coats
    26 Feb 2014 | 2:43 pm
    The Missouri Supreme Court decided not to take up cases of three Missouri cites red light camera programs. The Court refused to take up cases by the cites of Creve Coeur and Kansas City and American Traffic Solutions, the company that operates red light cameras in Missouri. The Court also rejected an appeal by the City of Florissant. Missouri State Law requires points to be assessed on a person’s driver’s license for red light infractions. Critics of red light cameras argue that red light cameras are unconstitutional because the owner of the vehicle is ticketed even though the…
  • How Much Does a First DWI Really Cost?

    Casey Coats
    6 Feb 2014 | 4:46 pm
    Too much! Don’t risk drinking and driving if for no other reason than a selfish one – it’s a very expensive hit to the average person’s budget and can cause “paycheck to paycheck” to become full tilt. The costs may surprise you, but know that you can control some costs in the process… the majority of the cost is NOT lawyer’s fees, however the price tag of your lawyer’s fee is your BIGGEST controllable variant – so don’t overpay for the same thing! On a 1st DWI, don’t pay extra for big talk insinuating that your DWI can “poof go away” like…
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    Tampa Bay Injury Attorney Blog

  • Motorcyclist Suffers Life-Threatening Injuries in St. Pete Crash

    Whittel & Melton, LLC
    19 Aug 2014 | 11:47 am
    A 54-year-old motorcyclist was seriously injured on Sunday evening after an intersection collision on St. Pete Beach. According to reports, a 54-year-old motorcyclist from Kenneth City was driving a 2008 Harley Davidson motorcycle west on 75th Avenue approaching Blind Pass Road. At the exact same time, a woman driving a 2014 Chevy Cruz was stopped in the left turn lane of east 75th Avenue, partially in the intersection waiting for traffic to clear to turn on Blind Pass Road. As the motorcyclist entered the intersection, the woman made a left turn as the traffic light was turning yellow. The…
  • Man Struck by Truck and Killed in Tampa Intersection

    Whittel & Melton, LLC
    11 Aug 2014 | 1:17 pm
    A man was killed early Monday after he walked into the path of an oncoming pickup truck in Tampa, according to the Florida Highway Patrol. The man was struck along 50th Street just north of Palm River Road at 4:27 a.m. Troopers believe a 54-year-old Ruskin man was driving his Ford F-150 pickup northbound on 50th Street when the man attempted to cross the street. The man died at the scene. The driver of the F-150 was not harmed. Parts of Palm River Road and 50th Street were closed Monday morning while authorities investigated the crash site. Intersections can create dangerous conditions for…
  • Adult, Baby Killed in I-4 Minivan Crash in Tampa

    Whittel & Melton, LLC
    4 Aug 2014 | 2:50 pm
    An adult and an infant were killed and two children were critically injured after a minivan travelling on Interstate 4 exited the roadway and crashed. A 2008 Hyundai Entourage was heading west on the highway, west of County Road 579, around 1:10 a.m. when it left the road, according to the Florida Highway Patrol. The van crossed a concrete culvert, rode up a grass embankment and crashed through a chain link fence. The Florida Highway Patrol claims the vehicle flipped several times before stopping on its left side in the parking lot of Camping World of Tampa. The driver, a 29-year-old Wesley…
  • 9-Year-Old Girl Critically Injured in Beach Plane Crash Dies

    Whittel & Melton, LLC
    29 Jul 2014 | 6:27 pm
    A 9-year-old girl that was critically injured Sunday when a plane hit her and her father during a beach landing near Venice Beach has died. The girl died of critical injuries suffered when a plane hit her and her father on Caspersen Beach, according to the Sarasota County Sheriff’s Office. She was transported to All Children’s Hospital in St. Petersburg immediately following the crash. Her 36-year-old father was killed Sunday in the crash. According to officials, the 57-year-old pilot of the 1972 Piper Cherokee reported that the plane was in distress around 2:45 p.m. and could not…
  • Tampa, Florida 4-Year-Old Killed by Uncle’s Pit Bulls

    Whittel & Melton, LLC
    21 Jul 2014 | 4:53 pm
    A 4-year-old boy was mauled Saturday night by two pit bulls that had been crated at his uncle’s house in Riverview. Authorities are still trying to determine how the attack occurred. According to the Hillsborough County Sheriff’s Office, two deputies were conducting a traffic stop near the home when they heard a child’s screams. They ran to the scene and found the child in the front yard with the pit bulls standing over home. The child was pronounced dead at the scene around 10:30 p.m. Investigators claim that the boy and his mother had walked from their home to their aunt…
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    Utah Employment Lawyer | Preston & Brar

  • LinkedIn ordered to pay $6 Million in Unpaid Wages

    Jesse Brar
    9 Aug 2014 | 7:24 am
    LinkedIn, was b the U.S. Department of Labor ordered LinkedIn to pay its 359 employees $6 million for unpaid overtime and damages.  LinkedIn will pay $3.3 million in unpaid overtime ways and $2.5 million in liquidated damages to its 359 current and former employees in California, Illinois, Nebraska and New York for violating the Fair Labor [...]The post LinkedIn ordered to pay $6 Million in Unpaid Wages appeared first on Utah Employment Lawyer | Preston & Brar.
  • Executive Order to Give Employees of Federal Contractors Access to Courts

    Jesse Brar
    1 Aug 2014 | 9:53 am
    On July 30, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order. The Executive Order will require companies seeking federal contracts valued at more than $500,000 to make any previous violations of labor laws public, in the hopes that will incentivize companies to resolve labor disputes such as back wage claims.  Federal agencies [...]The post Executive Order to Give Employees of Federal Contractors Access to Courts appeared first on Utah Employment Lawyer | Preston & Brar.
  • Sears Misclassified Assistant Store Managers and Failed to Pay Overtime Wages – Lawsuit States

    Jesse Brar
    28 Jul 2014 | 9:43 am
    Sears Misclassified Assistant Store Managers and Failed to Pay Overtime Wages Sears was sued by its assistant store managers who alleged that Sears rips them off by misclassifying them as exempt employees and not paying them overtime wages. Fair Labor Standards Act (FLSA) requires that all non-exempt employees be paid overtime (at time-and-a-half of regular [...]The post Sears Misclassified Assistant Store Managers and Failed to Pay Overtime Wages – Lawsuit States appeared first on Utah Employment Lawyer | Preston & Brar.
  • Are You Classified as an Independent Contractor and Not Paid Overtime?

    Jesse Brar
    15 Jul 2014 | 6:51 am
     The post Are You Classified as an Independent Contractor and Not Paid Overtime? appeared first on Utah Employment Lawyer | Preston & Brar.
  • Exotic Dancers – Misclassified as Independant Contractors and Not Paid Overtime Pay

    Jesse Brar
    31 May 2014 | 1:38 pm
    Exotic Dancers and Overtime Wages Last week, six exotic dancers filed a collective action (class action) case against the King of Diamonds strip club and its parent company Galardi South Enterprises Consulting Inc., for violations of wage and overtime laws.  This strip club’s parent company settled a similar lawsuit for $1.55 million in Georgia a [...]The post Exotic Dancers – Misclassified as Independant Contractors and Not Paid Overtime Pay appeared first on Utah Employment Lawyer | Preston & Brar.
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    Minneapolis Personal Injury Law Blog

  • Information about uterine rupture birth injuries

    On behalf of Rischmiller & Knippel LLP
    15 Aug 2014 | 1:00 pm
    For many Minnesota expectant mothers, there are many choices that need to be decided. Of course, there are those rather mundane issues such as which color to paint the nursery or which style of baby stroller will fit best in the car. However, mothers that have previously given birth via cesarean, also known as a C-section, have a much more difficult choice to make. Will they elect to deliver the baby in the same manner as the previous birth or will they decide on a vaginal birth after cesarean? It's a miracle of modern science that women today even have that choice. Up until recently, it was…
  • Some basic facts and numbers about spinal cord injuries

    On behalf of Rischmiller & Knippel LLP
    8 Aug 2014 | 7:38 pm
    Almost from the time we are able to walk, most of us take for granted having the ability of the full use of all of our limbs. In fact, being able to move about on two legs, bipedalism, is one of the hallmarks of being human. Perhaps that is why spinal cord injuries, or SCIs, are so devastating to the human experience. People suffering from SCIs often live out the rest of their lives with partial and sometimes even permanent paralysis. An agency down in Birmingham, Alabama, has been keeping track of SCI statistics throughout the nation since 1973. Using statistics compiled from 2010 data, the…
  • Man creates Facebook posts after fatal auto accident

    On behalf of Rischmiller & Knippel LLP
    8 Aug 2014 | 12:30 pm
    The Minnesota State Patrol says that a 24-year-old man is responsible for car accident on July 22 in Brooklyn Park, Minnesota, which ultimately cost the life of a 16-year-old boy. According to police, the man who caused the accident had actually sideswiped another vehicle along Highway 252 near 73rd Ave. just moments before he collided with another car. Police say that driver totaled both vehicles in the second collision. An officer responding to the scene of the second accident said that he detected the odor of alcohol on the defendant. Sadly, a 16-year-old Brooklyn Center, Minnesota, boy…
  • Minnesota physician talks about brain injury treatment

    On behalf of Rischmiller & Knippel LLP
    25 Jul 2014 | 11:56 am
    Years ago, concussions received very little attention in the news. However, awareness of the dangers of brain injury in general has increased dramatically. Today, it is not uncommon to hear the term "concussion" used when discussing just about any type of sport. In fact, in 2011, Minnesota passed a law requiring an athlete engaged in a to be removed from the playing field whenever a concussion is suspected. That law and the greater exposure to information on brain injuries have helped to reduce the stigma associated with brain trauma in our state. However, a doctor who works in Alina…
  • Minnesota to pay to settle prison medical malpractice case

    On behalf of Rischmiller & Knippel LLP
    18 Jul 2014 | 1:09 pm
    A state inmate is set to receive $130,000 as part of a settlement stemming from 2012 incident which has left one side of his body permanently paralyzed. The payment, which will be made by the Minnesota Department of Corrections, is the latest in a string of similar incidents stretching back all way to 2011. A lawsuit filed by the inmate's attorneys claimed that the DOC's practice of contracting out medical services for its prisoners to for-profit health care providers has led to a system in which inmate health care is rationed. The lawsuit claimed that the 32-year-old plaintiff was examined…
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    Harrison County Personal Injury Law Blog

  • Texas State student sues GM over burn injury

    On behalf of Carlile Law Firm LLP
    21 Aug 2014 | 1:57 pm
    When the weather gets chilly, it can be nice to sit on a heated seat. But a personal-injury lawsuit filed by a Texas State University graduate student suggests sitting in a heated seat may not be as nice as it sounds. The woman claims she was sitting in her friend's 2008 Chevrolet Suburban with the heated seat on. Over time, the seat got so hot that it gave her third-degree burns. Some readers are likely asking themselves why the woman did not turn off the heated seat if it was so hot. The reason is twofold. First, the woman does not have feeling from the waist down so she simply could not…
  • Five tips on what to do right after a car accident

    On behalf of Carlile Law Firm LLP
    13 Aug 2014 | 11:29 am
    Driving is a part of most Texans' daily lives. They go from place to place, confident that they will arrive unharmed at their destination. But not every trip ends in a safe arrival. Unfortunately, every day, Texans find themselves in car accidents. But because such wrecks are an uncommon experience for an individual, most Texans do not know what steps to take at the accident scene. The following tips should help. First, stay at the scene. Leaving the scene could lead to serious criminal penalties, especially if the accident was injurious or fatal. The only exception to this rule is when the…
  • Products liability: GM recalls more than 2 million vehicles

    On behalf of Carlile Law Firm LLP
    7 Aug 2014 | 1:39 pm
    When a Texan buys a product, they expect the product to function as expected. For example, if they buy a car, they expect it to reliably stop, start and turn. When it does not, the car can transform from a safe method of transport to a dangerous cage. Take, for example, a recent nationwide product recall because of a defective product. General Motors (GM) is recalling more than 2.5 million vehicles. The recall follows the discovery that the ignition switch assembly in those vehicles was linked to fatal accidents. Safety engineers believe the faulty switches caused some vehicles to shut off…
  • Distracted driving a major source of car accidents

    On behalf of Carlile Law Firm LLP
    1 Aug 2014 | 9:43 am
    For many Texans, driving seems like a safe activity. Experience has taught them that they will go from point A to point B with minimal issues in between. But driving is one of the most dangerous things a Texan will likely do during a given day. A key source of danger is a distracted driver, in other words a driver whose focus is not on the road as it should be. Any distraction can lead to a car accident that could imperil the lives of drivers, passengers and even bystanders. Distractions come in many shapes and sizes. Some have been around as long as cars: grooming, talking to passengers or…
  • Killeen man dies in car accident

    On behalf of Carlile Law Firm LLP
    23 Jul 2014 | 1:09 pm
    When Texans take to the road, they expect to arrive at their destinations safely. That expectation is normally correct. After all, a safe trip is usually what happens. But not every trip concludes with a happy ending. Sometimes the worst happens. When it does, Texans can be hurt or even killed. Take a recent car accident that resulted in a fatality. A Killeen, Texas, man was driving west on Veteran's Memorial Boulevard when a car going in the opposite direction collided with the man's car. When police responded to the accident, the man was unresponsive and pinned inside his car. The local…
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    Long Island Bankruptcy Attorney Blog

  • Debt management can be adapted to suit each consumer

    On behalf of Gregory P. Haegele, PLLC
    19 Aug 2014 | 10:10 am
    Consumers in New York with mounting debts are likely bombarded with instructions on how to get out of the red. However, each consumer is unique, and what might work for one may not work for all. Some consumers have the willpower to follow a very strict debt management system while others need to adjust the rules to suit their circumstances. One piece of advice that demonstrates this may be to start by settling the highest credit card debt, or the one carrying the highest rate of interest.However, there are those who need to see quick results in order not to give up. The main objective is to…
  • Anticipate medical debt in an attempt to be prepared

    On behalf of Gregory P. Haegele, PLLC
    12 Aug 2014 | 2:31 pm
    Some New York residents may have experienced the financial consequences of overwhelming medical debt. Many others h