Law

  • Most Topular Stories

  • New Study Reveals Best Times for Posting on Facebook and Twitter to Achieve High Click Rates

    The Rainmaker Blog
    Stephen Fairley
    15 May 2012 | 12:46 pm
    A new study out last week from Bitly, a link sharing and analytics website, takes a detailed look at how content propagates through social networks and how when a link is posted affects the number of clicks it receives.  The findings from the Bitly study for Facebook, Twitter and Tumblr posts reveal the best – and worst – times for posting on those three sites (times noted are ET): The key takeaway from this study is that each social network has its own culture and behavior patterns, and being aware of these can help you publish your content at the right time to reach the…

  • Ideas With No Non-Pundit Constituency Fail to Find Supporters

    Lawyers, Guns & Money
    Scott Lemieux
    15 May 2012 | 4:25 pm
    Nobody could have predicted! And the center not only did not hold, it couldn’t seem to get any attention whatsoever. Americans Elect, a lavishly funded “centrist” group that was supposed to provide an alternative to traditional political parties, has been a ridiculous flop. Basically, about seven people were actually excited about the venture — all of them political pundits. Actual voters couldn’t care less. So why Americans Elect? Because there exists in America a small class of professional centrists, whose stock in trade is denouncing the extremists in both parties and calling…

  • Things You Can't Do on a Plane: Vol. 18

    Legal Blog Watch
    Bruce Carton
    15 May 2012 | 3:20 pm
    You might think that after Volume 1, Volume 2, Volume 3, Volume 4, Volume 5, Volume 6, Volume 7, Volume 8, Volume 9, Volume 10, Volume 11, Volume 12, Volume 13, Volume 14, Volume 15, Volume 16 and Volume 17 of Things You Can't Do on a Plane, that we'd have exhausted the list of things you can't do on a plane. Nope! The list grows daily. Here are three more things I've recently learned that you cannot do on a plane: Attempt to smuggle 49 live reptiles in your luggage on an international flight. Passengers may not pack 31 spiny-tailed lizards and 18 geckos into their suitcase. This is true even…

  • After Lawmakers Nix Gay Prosecutor for Judge’s Seat, Top Va. Attorney Calls Vote an ‘Embarassment’

    ABA Journal Daily News
    15 May 2012 | 5:55 pm
    An openly gay Virginia prosecutor who formerly served as a U.S. Navy fighter pilot was rejected by lawmakers for a seat on the state court bench Tuesday. Tracy Thorne-Begland, who serves as chief deputy commonwealth attorney in Richmond, is raising twins with his partner, who is also a lawyer, the New York Times (reg. req.) reports. The Virginia House of Delegates voted 33-31, with 10 abstentions, not to approve him for the state court seat. During a lunchtime courthouse news conference after the vote, Thorne-Begland's boss, Richmond Commonwealth's Attorney Michael N. Herring, said his deputy…

  • More Bad News About Identity Theft

    Concurring Opinions
    Danielle Citron
    15 May 2012 | 5:04 pm
    The crime of identity theft is on the rise, in a big way.  A recently released Javelin report found that identity theft rose 13% from 2010 to 2011 with approximately 11.6 million victims of identity theft in the U.S.  This month’s Consumer Reports paints an even more troubling picture. In a national survey of 2,002 households, the Consumer Reports National Resource Center projected that approximately 15.9 million households experienced identity theft in the past 12 months, up almost 50% from the previous year’s study. Another troubling finding was that almost half of the…
  • add this feed to my.Alltop

    ABA Journal Daily News

  • After Lawmakers Nix Gay Prosecutor for Judge’s Seat, Top Va. Attorney Calls Vote an ‘Embarassment’

    15 May 2012 | 5:55 pm
    An openly gay Virginia prosecutor who formerly served as a U.S. Navy fighter pilot was rejected by lawmakers for a seat on the state court bench Tuesday. Tracy Thorne-Begland, who serves as chief deputy commonwealth attorney in Richmond, is raising twins with his partner, who is also a lawyer, the New York Times (reg. req.) reports. The Virginia House of Delegates voted 33-31, with 10 abstentions, not to approve him for the state court seat. During a lunchtime courthouse news conference after the vote, Thorne-Begland's boss, Richmond Commonwealth's Attorney Michael N. Herring, said his deputy…

  • ‘Death to Meth’ DA Accused of Taking $6K Loan from Defense Attorney to Pay for Hair Transplants

    15 May 2012 | 5:08 pm
    Jon Alexander admittedly was a recovering former methamphetamine addict when he was elected district attorney of a remote California county in 2010 on a "death to meth" campaign platform. But now the Del Norte district attorney says he is facing a battle on another front, accused of violating legal ethics rules for attorneys. Among other claimed misconduct, the California State Bar is accusing Alexander of taking a $6,000 loan from a defense attorney to help pay for hair transplants. Alexander then subsequently dismissed a case handled by that lawyer, rather than recusing himself because of…

  • Appeals Court OKs Trustee’s $500M Suit Blaming K&L Gates for Missing Massive Fraud

    15 May 2012 | 3:50 pm
    A Pennsylvania appeals court has revived a bankruptcy trustee's $500 million lawsuit against K&L Gates, finding that an Allegheny County trial court dismissed the malpractice case in error. The law firm had argued that it could not be sued by the trustee on behalf of Le-Nature's Inc., because K&L Gates represented only a special committee of the now-defunct beverage company's board. A written representation agreement expressly said that K&L Gates did not represent Le-Nature's, the firm pointed out. But in an appellate opinion (PDF) Monday, a three-judge panel of the state superior…
 
  • add this feed to my.Alltop

    Blawg Review

  • Blawg Review on Facebook!

    Editor
    14 May 2012 | 1:00 pm
    If you know all about Dave! (that's Dave with an exclamation point) you know that he's been Simpsonized. He's a bona fide comic character! Dave! had aleady hosted four unique presentations of Blawg Review, a clever chart format showing his programming skills, a back-to-school special while he was a law student, a bar exam nail-biter when he knew the feeling, and a flashback to the early days of the worldwide web. Crazzzzy! Whenever we see an opportunity for a Blawg Review that would be enhanced by his mad geek skillz, we turn to Dave! Today, being the 28th birthday of Facebook co-founder and…

  • More Than A Woman

    Editor
    7 May 2012 | 10:00 am
    Girlfriends of the Court, Melissa and Kate, on Amicae Curiae present this week's Blawg Review #320 to mark the 600th birthday of Joan of Arc and the anniversary of the Seige of Orleans. Opening for the ladies in Australia are the incomparable Bee Gees!

  • Canajun, eh?

    Editor
    30 Apr 2012 | 1:05 pm
    On this day, the bicentennial of statehood for Louisiana, one might wonder why not enlist a Cajun blogger to host Blawg Review #319. Instead, we've got this Canajun trial warrior to remind us that this day historically marks the Louisiana Purchase. How so? As most Americans know, the Louisiana Purchase encompassed all or parts of fifteen current states and small parts of what is now two provinces--few Canadians are aware of that! But what about the French and the British? Napoleon Bonaparte, upon completion of the agreement stated, "This accession of territory affirms forever the power of the…
 
  • add this feed to my.Alltop

    Overlawyered

  • Wal-Mart sued over teen’s bogus P.A. announcement

    Walter Olson
    15 May 2012 | 11:14 pm
    At a Wal-Mart store in Turnersville, N.J. in 2010, a 16-year-old visitor got hold of the store’s public address system momentarily and announced to shoppers, “Attention Walmart customers: All black people must leave the store.” “A manager quickly made his own announcement, apologizing for the message. … The teenager was charged with harassment and bias intimidation, but now Donnell Battie, who is black, is suing Walmart claiming the store was negligent and reckless and showed deliberate indifference by not keeping the P.A. system safe from abuse.”…

  • Law schools roundup

    Walter Olson
    15 May 2012 | 11:07 pm
    Yale lawprof Peter Schuck reviews Schools for Misrule [American Lawyer last November, alas behind subscription paywall] Look at bright side: Prof. Warren “did not list herself with the AALS as the rightful Empress of France” [Popehat; Seth Mandel, Commentary] Jeffrey O’Connell, greatly admired and influential torts scholar at the University of Virginia, retires from teaching [via Robinette] New Brian Tamanaha book on law schools stirs wide interest [Orin Kerr, Scott Greenfield, Chron of Higher Ed via TaxProf] In recent criminal law and procedure cases, high-level academic…

  • Man says custody battle cost life savings

    Walter Olson
    15 May 2012 | 10:53 am
    Canine custody, that is: Craig Dershowitz says he’s spent $60,000 suing his ex-girlfriend over who will get their dog. “It’s worth it,” he says. [NY Post via Elie Mystal, Above the Law] Tweet Tags: animals, family law Man says custody battle cost life savings is a post from Overlawyered - Chronicling the high cost of our legal system

  • New Jersey woman sued over sending text to someone who was driving

    Walter Olson
    15 May 2012 | 10:47 am
    A judge in Morris County, N.J. is expected to rule soon whether to dismiss Shannon Colonna as a defendant in a lawsuit over a car crash. Colonna was far from the scene at the time, but plaintiffs said she had sent a text message to the driver whose inattention caused the accident, and thus aided and abetted his negligence. [The Record; AP; NJLRA] Tweet Tags: cellphones, New Jersey, shotgun defendant selection New Jersey woman sued over sending text to someone who was driving is a post from Overlawyered - Chronicling the high cost of our legal system

  • May 15 roundup

    Walter Olson
    14 May 2012 | 11:03 pm
    “Fan sues Insane Clown Posse after injury at Illinois concert” [St. Louis Post-Dispatch] “As Insanity is not a defense to the claim, the Clowns are now adding litigation counsel to their Posse.” [@colinsamuels] Suit on behalf of school-cheat son “wouldn’t have been much of a story” if dad had left argument to hired gun [Mark Bennett, earlier] If you can’t buy a Coke with your debit card any more, this may be why [Katherine Mangu-Ward, Reason] Related: “a ‘do-nothing Congress’ is sort of like a ‘do-nothing…
 
  • add this feed to my.Alltop

    Solo Practice University®

  • Using QR Codes In Your Practice

    Susan Cartier Liebel
    15 May 2012 | 7:30 am
    QR codes are all the rage. More than 20 million mobile phone users used QR codes in the last quarter of 2011.  And mobile user searches on the internet have been growing exponentially. QR Code is Quick Response Code – a bar code which can bring you to a designated internet location or QR Codes can be programmed to send a text message, call a phone number, send an email, or simply uncover a special text message providing coupons or sending you a treasure hunt. You see them popping up everywhere you go. Often times it's used incorrectly and so people have gotten a bad taste in…

  • Should Lawyers Be Interested in Pinterest?

    Susan Cartier Liebel
    14 May 2012 | 7:23 am
    I know. Blogging, Twitter, Facebook, YouTube, now Pinterest.  Can you handle yet another distraction?  Well, when you first heard about blogging it was just for people journaling about their everyday problems…until it wasn't.  When you first heard about Facebook you thought it was just for your teenagers….until it wasn't.  When you first heard about YouTube you thought it was just a bizarre place where Spielberg wannabees posted pointless videos nobody wanted to see….until it wasn't. When Twitter came on the scene you thought it was just about people…

  • Why Young Solos Want to Partner Up and What They Should Do Instead

    Rachel Rodgers
    10 May 2012 | 6:30 am
    Should I partner with another attorney when starting my practice? This is a question often asked by young lawyers who want to go solo. And the answer often given by seasoned solos is either 'no' or the more emphatic 'hell no.' This response is usually accompanied by a horrifying story of a partnership gone bad that wrecked the credit, reputation, sanity, etc. of one or both of the partners. Hence, the response, don't partner up. Why Young Lawyers Really Want a Partner Few of the young lawyers seeking a response to this oft-asked question are really looking for a partner. I…

  • Guest Lecture with Jared Correia – Tech for New (and Not So New) Lawyers

    Susan Cartier Liebel
    8 May 2012 | 6:30 am
    Jared receives countless questions from new solo lawyers and solos who have been in practice for decades but need advice on law practice management. We like to ask Jared what it is on lawyers' minds and (no) surprise…it's technology, cloud securiy, google, and law practice management software. However, you might be very surprised by what Jared has to say. I was. Join us as we discuss these important and timely topics. If you are a new lawyer in Massachusetts or a paying member of the Massachusetts bar, be sure to connect with Jared. LOMAP's services are free for those who…

  • What Are You Doing To Help Your Business In This Troubled Economy?

    Susan Cartier Liebel
    7 May 2012 | 6:30 am
    John Jantsch wrote a terrific piece a few years ago called "7 Time-Tested Ways to Dig Out From a Recession". My position, however, is a little different. You should be doing these things ALL THE TIME. While you can read all seven ideas on John's great site, I'm going to highlight numbers three, six and seven because I know the first two are the hardest for me and the last should be done religiously: 3) Get out from behind the computer – Building personal relationships is always in style. It’s very tempting to sit and write blog posts and participate on social…
  • add this feed to my.Alltop

    BlawgIT

  • So You Want to Protect Your Trademark?

    Brett Trout
    3 May 2012 | 4:49 pm
    Your Company’s Most Valuable Asset Trademarks are often the most valuable asset of a company. They are what consumers use to associate your product with your company. Trademarks embody the goodwill of your company. Everyone talks about what makes a good trademark, but what makes a bad trademark? Knowing what makes a bad trademark can be just as important as what makes a good trademark. You do not want to pin the goodwill of your company on a bad trademark. Good vs. Bad Trademarks What makes a good or bad trademark to a trademark lawyer is quite different than what makes a good or bad…

  • Congress Just Threw You Under a Bus

    Brett Trout
    27 Apr 2012 | 12:22 pm
    What Just Happened? Yesterday, the House of Representatives passed a bill entitled Cyber Intelligence Sharing and Protection Act (H.R.3523), or CISPA for short. CISPA is a bill that allows the government to obtain your private information from companies without a warrant. Oddly, under the guise of making CISPA less abusive, the House actually slipped in some language at the last minute that made CISPA even worse. What SOPA was to online censorship, CISPA is to online privacy. Whereas SOPA was about stripping away your First Amendment rights (free speech); CISPA is about stripping away your…

  • Judge Rules Bloggers Do Not Have to Be Paid

    Brett Trout
    31 Mar 2012 | 9:55 am
    Consideration Under American jurisprudence, for a contract to be legal, each side must provide what is called “consideration.” That means that each side promises to do something, or not do something, in return for the other side agreeing to do something or not do something. If I sign a contract agreement agreeing to give you $1,000, that contract is not enforceable unless you promise to give me something in return, or do something in reliance upon my promise. Given that parties to contracts, by definition, value what they are getting more than what they are giving, courts do not…
 
  • add this feed to my.Alltop

    Above the Law

  • Openly Gay Judicial Nominee Defeated For… Being Gay, And That’s It

    Elie Mystal
    15 May 2012 | 5:11 pm
    Add Virignia to the list of states that think it should be totally okay to openly discriminate against gay people… Continue reading »Follow Above the Law on Twitter or become a fan on Facebook.Tags: Election 2012, Gay, Judicial Nominations, Robert Marshall, Tracy Thorne-Begland, Virginia

  • Non-Sequiturs: 05.15.12

    Elie Mystal
    15 May 2012 | 4:29 pm
    * “Now everybody’s gonna know that you died scratching my balls.” [Roll On Friday] * “Get these motherf***ing iguanas off my… wait, iguanas? That’s not cool. Maybe we should go with ‘snakes’ or something. Unless you like hotz-pacho.” — conversation I wish happened. [Legal Blog Watch] * The counterclaim from this allegedly pervy lawyer is priceless. [Not-So Private Parts / Forbes] * Look, every time a company loses a bunch of money doesn’t mean a crime has been committed. [WSJ Law Blog] * I actually think that liberals care about property rights just as much as…

  • Dewey Have Cause for Rejoicing? Some Strange and Humorous Reactions to a Law Firm’s Fall

    David Lat
    15 May 2012 | 3:30 pm
    Emotional responses to the Dewey & LeBoeuf debacle have ranged from sadness to anger to… the just plain weird and funny. Continue reading »Follow Above the Law on Twitter or become a fan on Facebook.Tags: 1301 Avenue of the Americas, 1301 Sixth Avenue, Biglaw, Dewey & LeBoeuf, Drinking, Drunk, Paralegals, Photos, Photoshop, Photoshopped, Pictures, Rick Moranis, So much drinking, Steven Davis, Steven H. Davis, WARN, WARN Act, WARN letters, WARN notices, Weirdness, Williams Lea, Worker Adjustment Retraining and Notification (WARN)
  • add this feed to my.Alltop

    Simple Justice

  • Without Pics, It Never Happened

    SHG
    15 May 2012 | 5:19 am
    It's an internet meme, the Rules of the Internet.  It's a funny joke to most, though in a peculiar way it has always carried a kernel of truth.  But as Max Kennerly found out after trial, the joke is on us.  Last Friday, after 15 hours of deliberations, the jury returned a verdict in favor of our client on all six questions — relating to the nature of the agreement, damages, whether our client breached his obligations, whether defendants would get a set-off, and when the statute of limitations began to run — and awarded him $4.17 million in damages. The vote was…

  • An Epidemic of Furtive Movement

    SHG
    14 May 2012 | 6:45 am
    It would be a New York joke if it didn't mean that 684,000 people were stopped on the streets of New York and frisked last year.  In 2003, cops stopped and frisked 160,851 people and recovered 604 guns. This proved that stop and frisked worked, even if it meant the sacrifice of the right to be left alone of more than 150,000 people. Last year, they recovered 780 guns, proportionately negligible, which again proves that stop and frisk works.  Mayor Bloomberg explains that the reason so few guns per capita were seized is that people are afraid to walk around the…

  • Cincinnati Police Chief Says Tasers Can Kill

    SHG
    14 May 2012 | 5:21 am
    James Craig, of "I'm a Phoenix fame," heads up the 1000 member Cincinnati police department.  While that number of officers is slightly more than the number needed to change a New York light bulb, it's still a big city police department, which makes James Craig's announcement matter, as he's the first top cop to admit the obvious: Tasers sometimes kill people.From Cincinnati.com: In light of a recently released scientific study that shows the electronic Taser stun guns can cause cardiac arrest and death, the leader of Greater Cincinnati and Northern Kentucky’s…
  • add this feed to my.Alltop

    Law and Magic Blog

  • Magical Presentations

    lpcprof
    7 May 2012 | 10:33 am
    Lawyer/magician Ken Trombly shares this story from Government Executive concerning the "value added" that stage magicians and other entertainers can bring to conferences. Reporter Charles Clark notes that a recent NOAA conference had slated a presentation by a motivational speaker (from the description, probably a magician or similar performer), apparently after concerns arose over the propriety of such a presentation. Remember that mind reader at the GSA conference in Vegas? Yet stage magician and presenter Joe M. Turner says just because speakers are entertaining does not make…

  • Houdini Film May Be Headed For the Big Screen

    lpcprof
    2 May 2012 | 2:25 pm
    Gary Ross ("The Hunger Games") may direct an adaptation of William Kalush and Larry Sloman's The Secret Life of Houdini for Summit.  Meanwhile, it seems that Columbia Pictures might be planning its own Houdini flick, to be directed by Francis Lawrence, who will also direct "Catching Fire," the sequel to Mr. Ross's successful "Hunger Games." Watch closely: how many Houdinis do you see?

  • More Coverage of Teller's Lawsuit

    lpcprof
    18 Apr 2012 | 12:00 pm
    Here from the Hollywood Reporter, here from Ars Technica, here from MSNBC.com, here from Reuters, here from Wired.com, here from Today. Comments from a post at Techdirt here raise an issue that I think is on the minds of some. Since P&T are famous for exposure (revealing the secrets of a number of illusions), why is Teller suing? Isn't he being a little, ahem, hypocritical? One could take that position, I suppose, and one could argue (as I have in the past) that knowing how a trick or illusion is done doesn't diminish the entertainment value in watching the magician perform the…
 
  • add this feed to my.Alltop

    What About Paris?

  • Saving Face in China: The Book.

    JD Hull
    15 May 2012 | 12:15 am
    So what's face restoration, anyway? See Dan Harris's review at his China Law Blog of Saving Face in China, the book by Anne-Laure Monfret published about a year ago. Our Hoosier friend Harris opines: Monfret concedes (and I tend to agree) that you are not going to torpedo a big business deal by, say, declining a second helping of chicken feet because most Chinese give westerners sufficient cultural wiggle room. That being said, your causing a loss of “face” can hurt you and your business venture. Most English speakers have a general grasp of what it means to “lose face” and westerners…

  • The Economist: Downing Street gets down--and down to work.

    JD Hull
    14 May 2012 | 12:36 pm
    For The Economist's take on the shape of the United Kingdom and the governing Conservative Party's mid-term slump, see "The Cameron Government: Crisis? What Crisis?". Excerpt: Two years ago this week David Cameron and Nick Clegg launched their coalition government in a sun-dappled Downing Street garden, at a joint press conference so filled with smiles, jokes and shared glances that it was compared to a gay wedding. On May 8th Britain’s Conservative prime minister and his Liberal Democrat deputy renewed their coalition vows in a tractor factory. There were few jokes. The work of government…

  • Mothers, My Mother--and Movements for Others.

    JD Hull
    13 May 2012 | 11:59 pm
    All women become like their mothers. That is their tragedy. No man does. That's his. - Oscar Wilde, The Importance of Being Earnest, 1895. Lindsey, England My mother--to us, "Mom"--was and is that mom all the other kids in the neighborhoods we lived in wanted to be their mom. Before that, way before, she and her ancestors were part of one of the most romantic stories ever told. I imagine first thousands, and then tens of thousands, and then even more, of people out of Suffolk via Ipswich to Groton and other towns and slowly and geometrically multiplying across America, to Massachusetts,…
  • add this feed to my.Alltop

    Legal Juice

  • Can Dutch Guy Call Cop An Ant-F*cker?

    16 May 2012 | 12:04 am
    In a country where past cases have made it quite clear that one may not insult police officers with impunity, this would seem to be a no-brainer. But what is considered an insult is unclear, as this case demonstrates. As reported by DutchNews.nl: A homeless man has been cleared by the High Court of insulting a police officer by calling him a mierenneuker - literally ant-fucker - a term used in popular speech to describe people who stick obsessively to the rules. The court said it depended on the context in which it is used whether or not the word should be considered swearing. Only if…

  • Not Your Average Souvenirs

    15 May 2012 | 12:03 am
    Sure, lots of folks pick up a few keepsakes when they're on vacation. Maybe something to remind them of the fun they had on the trip. Well check out what this man picked up in Tibet, as reported by The Highline Times (Washington State): A traveler was stopped at the Sea-Tac Airport by a dog that smelled something funny. Customs and Border Protection agriculture specialists contacted the man and he told them he had four yak skulls in his duffel bag. The traveler told the specialists he found two of the skulls while hiking in Tibet. He also bought two yak skulls at a village store to keep as…

  • A New Meaning To "Going Postal"

    14 May 2012 | 12:09 am
    The scale of this formal postal worker's thievery is truly mind-boggling. As reported by 9news.com, he stole about 11,000 packages over a 2-year period! Schmauder targeted packages sent from retailers like Amazon.com, looking for DVDs and CDs he could re-sell. Additionally, Schmauder stole Victoria's Secret lingerie which he gave to his wife. He admitted to stealing as many as 50 packages a night for two years.What did he do with all that stuff? Schmauder resold the stolen items to Angelo's Movies, Music and Gifts, a Littleton store which bills itself as the largest independent music store in…
 
  • add this feed to my.Alltop

    The BLT: The Blog of Legal Times

  • Roger Clemens Accuser: 'I didn't know how far this would go'

    Mike Scarcella
    15 May 2012 | 3:20 pm
    Updated 4:38 p.m. Slouched in his chair and speaking in a low voice, Brian McNamee presented himself as an unwilling participant in the high-profile probe of steroid use in Major League Baseball. McNamee told jurors this afternoon in the perjury case against Roger Clemens that he had no choice but to tell the truth, as hard as it was, to federal agents. Prosecutors want to dispel any notion that McNamee was out to get Clemens. The government’s chief witness against Clemens, McNamee also said he wasn't eager to speak with former U.S. Senator George Mitchell and his team of…

  • U.S. Magistrate Judge in D.C. Reappointed to Fourth Term

    Rob Stigile
    15 May 2012 | 3:05 pm
    The U.S. District Court for the District of Columbia announced yesterday that Magistrate Judge Deborah Robinson has been reappointed to her fourth eight-year term, which will begin on July 18. Chief Judge Royce Lamberth said Tuesday that the recommendation by the panel that considered Robinson's reappointment had positive things to say overall about the judge. "I think there was a consensus of the lawyers that they talked to that she was always courteous and treats lawyers well in the courtroom," Lamberth said. Robinson's tenure on the federal bench began in 1988,…

  • Government Urges Judge to Uphold Convictions in 1984 Homicide

    Zoe Tillman
    15 May 2012 | 2:18 pm
    Assistant U.S. Attorney Kacie Weston today urged District of Columbia Superior Court Judge Frederick Weisberg to affirm the convictions of seven men charged in a brutal 1984 homicide, arguing that "nothing that this court has heard should change its confidence in the outcome of this case." Weston's closing arguments completed a three-week hearing on motions to vacate convictions in the murder of Catherine Fuller, who was found beaten to death in a Northeast Washington alley. Seven of the eight men convicted in 1985 – the eighth defendant died in jail – have argued that…
  • add this feed to my.Alltop

    Ask the Lawyer @ Dear Esq.

  • Man Just Found Out He Was Father of 18 Year Old Because Mother Trying to Collect Support

    Jessica
    14 May 2012 | 12:05 pm
    Back story: February 15th 1993 I had sex with a women (protection used) it was a one night stand. Four months later she meets up with me again, tells me she is pregnant and it is mine. I step up, provide financial support, went to the baby shower, listened to her on the phone, etc. Then in August she moved to Texas (I am in Arizona) - I get a call in late September that she is in labor and needs me to come to Texas - at this point the dates didn't match up, so I requested a paternity test - provided her with all my information (full name, DOB, SSN, employer, etc.) but told her I was not…

  • Can Pool Owner be Sued if Neighbors Tenants Get Injured in His Pool?

    Jessica
    14 May 2012 | 11:55 am
    I live in Tiburon, CA. I own a swimming pool and have a legal easement, with my next-door neighbor, that his tenants can use the pool. If one of his tenants were injured, on my property where the pool is located, would I be legally responsible?

  • What are Child Support Implications for Teen Who Flunked Out of School?

    Jessica
    11 May 2012 | 6:35 pm
    My husbands daughter is 18 years old and should be graduating this month, however due to lack of credits she may possibly not graduate. Our court order says support until 19 or graduation. We live in California. I understand the reason for the law as there are plenty of kids in school that are 18. However does this apply to a child who have dropped out or flunked out and has no intention of returning?
 
  • add this feed to my.Alltop

    JURIST - Paper Chase

  • Kansas governor signs bill allowing pharmacists to refuse abortion drugs

    15 May 2012 | 2:15 pm
    [JURIST] Kansas Governor Sam Brownback [official website] has signed a bill [SB 62 materials] allowing pharmacists to refuse to dispense drugs that they "reasonably believe" might result in the termination of a pregnancy, his office announced [press release] Monday. Critics of the legislation claim that it will allow pharmacists to refuse to distribute emergency contraception [Kansas City Star report], but supporters claim that the bill was aimed at the abortion drug RU-486 and is only a narrow amendment to a 1969 Kansas law which says that no one should be required to participate in…

  • Rhode Island governor signs order recognizing same-sex marriages

    15 May 2012 | 11:25 am
    [JURIST] Rhode Island Governor Lincoln Chafee [official website] on Monday signed an executive order [text, PDF] requiring government agencies to recognize same-sex marriages [JURIST backgrounder] performed out-of-state. Rhode Island law currently allows civil unions [JURIST report] for same-sex couples, but the law was silent on whether same-sex marriages performed in other jurisdictions should be recognized. In 2007, the attorney general issued an opinion in favor of recognizing same-sex marriage, but it was not legally binding and later that year the Rhode Island Supreme court refused to…

  • Supreme Court declines to rule on Puerto Rico voting rights

    15 May 2012 | 10:50 am
    [JURIST] The US Supreme Court [official website] denied certiorari [order list, PDF] on Monday in Igartua v. United States, a case challenging Puerto Ricans' inability to vote in US presidential elections. The US Court of Appeals for the First Circuit [official website] ruled [opinion, PDF] in November 2010 that Puerto Ricans could not vote because Puerto Rico is not a state. The court pointed out that the Constitution explicitly distinguishes between states and territories and only state citizens received congressional representation. Supporters of Puerto Ricans' right to vote argued that…
  • add this feed to my.Alltop

    The Criminal Lawyer

  • More Reason to Increase Legal Profession’s Barriers to Entry

    Nathan
    19 Apr 2012 | 10:33 am
    When people complain that “there are too many lawyers,” what they really mean is that there are too many bad ones. There is always demand for good lawyers to deal with the intricacies of modern life. If anything, people need more good lawyers than ever before — smart, wise, honorable people to help navigate the increasingly byzantine regulations, to make sure the complex business deals actually work, to represent all the non-lawyers who keep suing each other in our litigious society. And of course to prosecute and defend those accused of crime. The problem is that it’s…

  • More on Brain Scans – Can They Tell Whether You’ll Get Off Lightly?

    Nathan
    3 Apr 2012 | 12:31 pm
    With a hat tip to our Uncle Ralph, here’s a link to yet another fMRI study bearing on criminal law. Makiko Yamada and colleagues have published in Nature Communications their study “Neural Circuits in the Brain that are Activated when Mitigating Criminal Sentences.” The researchers asked people to review the facts underlying 32 hypothetical murder convictions. Half of them were designed to elicit sympathy for the convicted murderer, the other half to elicit no sympathy. The test subjects were told that each murderer had been given a 20-year sentence, and they were asked to…

  • Better Criminal Lawyering through Smart Risk-Taking

    Nathan
    28 Mar 2012 | 3:28 pm
    Judgment is the criminal lawyer’s stock-in-trade. The ability to assess the risks of a situation, and choose the better course of action, is the value that lawyers bring to the criminal justice system. It doesn’t matter if they’re defense attorneys negotiating a deal or fighting it out at trial, or if they’re prosecutors deciding whether and what to charge — their value is their judgment. The better the judgment, the better the lawyer. It’s therefore critical that criminal lawyers have some understanding of how and why people take risks. In advising a client inclined to take a…

  • Not Ready for Prime Time: Brain-Scan Reliability in Question

    Nathan
    13 Mar 2012 | 11:35 am
    Almost from our first post, we’ve written here about developments in brain-scan technology and its applicability to criminal law (see here, here, here and here, for example). So needless to say, the past nine days have been of great interest, as the research behind neuroimaging’s claims has come into hot dispute. Now, just because our motto is “truth, justice and the scientific method,” that doesn’t make us qualified to assess the merits of the underlying science. Our observations on the actual science wouldn’t be worth the pixels. But fortunately, as with…

  • Making Drug Enforcement Work

    Nathan
    2 Mar 2012 | 7:50 am
    Tomorrow’s issue of the Economist has a brief piece on some new drug policing in Virginia: “Cleaning Up the Hood: Focusing on drug markets rather than users means less crime.” The article is on DMI, or Drug-Market Intervention, a law-enforcement strategy that has been spreading around the country since it was first introduced in North Carolina about eight years ago. DMI is a combination of community involvement and police commitment that focuses on street dealers. The community is encouraged to report dealers. Police then notify the dealers that they know who they are, but…
  • add this feed to my.Alltop

    The Volokh Conspiracy

  • New textbook: Firearms Law and the Second Amendment: Regulation, Rights and Policy

    David Kopel
    15 May 2012 | 3:32 pm
    (David Kopel) The first law school textbook on the Second Amendment is now available from Aspen Publishers. The co-author are Nick Johnson (Fordham), Michael O’Shea (Oklahoma City), George Mocsary (Connecticut), and me. Here’s the publisher’s page for the textbook, from which professors can request a free review copy. The book is also available for civilian purchase from Amazon. We also have our own website for the book. There, you can read the detailed Table of Contents, and the Preface. The website is in an early stage of development; eventually, it will include detailed…

  • Obama’s Judicial Restraint

    Jonathan H. Adler
    15 May 2012 | 3:10 pm
    (Jonathan H. Adler) The National Law Journal reports that the White House is largely to blame for the high number of vacancies on the federal bench. Democrats have held conference calls and hosted activists from around the country to say the reason fewer federal judges have been confirmed during the last three years is clear: Republicans in the Senate have used their powers to stall most of the president’s nominees, even the noncontroversial ones. But as a window appears to be closing at least temporarily to send any new judicial nominees to Capitol Hill, law professors and advocacy…

  • Eminent Domain Abuse in Virginia

    Ilya Somin
    15 May 2012 | 10:20 am
    (Ilya Somin) Richmond Times-Dispatch columnist A. Barton Hinkle recently published this piece on a case of eminent domain abuse in Virginia: As a general rule, progressives do not get worked up about property rights the way conservatives do. This is a mistake — as a case out of Norfolk shows. To the progressive eye, property is bound up with materialism and wealth and greed and other yucky things. But property is also bound up with some things progressives hold dear. And even progressives were outraged when, in its 2005 Kelo decision, the Supreme Court said governments could take property…
 
  • add this feed to my.Alltop

    Balkinization

  • Tenure and the Law School

    Jason Mazzone
    15 May 2012 | 6:20 pm
    Law schools face increasing pressures to reduce the costs of legal education. While few people like to talk about it, tenure must be a key component of any cost assessment. In many law schools, salaries comprise a large portion of the annual budget. Tenure is especially expensive because it means an institution grants a (virtually) lifetime appointment without any guarantee that the individual who is tenured will continue to produce at a rate that justifies the salary paid. Tenure is also costly because it reduces an institution’s flexibility: the institution cannot (easily) move somebody…

  • Con Law in the Round

    Ken Kersch
    15 May 2012 | 7:58 am
    A few weeks back, I (along with Anna Law and Tom Keck) joined Howard Gillman, Mark Graber, and Keith Whittington for a panel at the Midwest Political Science Association meeting on their new constitutional law casebook, American Constitutionalism: Vol. 1 – Structures of Government (Oxford, 2013)(Vol. 1 out now; Vol. 2 – Rights and Liberties, will be available soon).These books are primarily aimed at undergraduate courses in Constitutional Law and Civil Rights and Liberties (known in political science departments as “the sequence”: structure and powers in the fall; rights and liberties…

  • Party Discipline and Congressional Rules

    Gerard N. Magliocca
    14 May 2012 | 8:55 am
    I'll be part of a Symposium at Notre Dame on Gridlock this Fall, which gives me an opportunity to revisit my interest in the internal procedures of Congress. If you start with the premise that gridlock is a problem that should be fixed (not an assumption everyone shares, of course), then there are a couple of options. The first would be a reform of the Senate filibuster, which I've written about before. Another involves weakening party discipline in Congress to make bipartisanship easier. This is the issue that I want to explore as part of the Constitution-in-practice.There are two ways to…
  • add this feed to my.Alltop

    Concurring Opinions

  • More Bad News About Identity Theft

    Danielle Citron
    15 May 2012 | 5:04 pm
    The crime of identity theft is on the rise, in a big way.  A recently released Javelin report found that identity theft rose 13% from 2010 to 2011 with approximately 11.6 million victims of identity theft in the U.S.  This month’s Consumer Reports paints an even more troubling picture. In a national survey of 2,002 households, the Consumer Reports National Resource Center projected that approximately 15.9 million households experienced identity theft in the past 12 months, up almost 50% from the previous year’s study. Another troubling finding was that almost half of the…

  • The Right to Be Forgotten: A Criminal’s Best Friend?

    Danielle Citron
    15 May 2012 | 4:26 pm
    By now, you’ve likely heard about the the proposed EU regulation concerning the right to be forgotten.  The drafters of the proposal expressed concern for  social media users who have posted comments or photographs that they later regretted. Commissioner Reding explained: “If an individual no longer wants his personal data to be processed or stored by a data controller, and if there is no legitimate reason for keeping it, the data should be removed from their system.” Proposed Article 17 provides: [T]he data subject shall have the right to obtain from the controller the…

  • John Bingham–The End is Near

    Gerard Magliocca
    15 May 2012 | 8:50 am
    I’m now writing the Introduction, which I plan to post on SSRN if my publisher approves.
 
  • add this feed to my.Alltop

    The Becker-Posner Blog

  • Homosexual Marriage—Posner

    Richard Posner
    13 May 2012 | 4:33 pm
    President Obama’s declaration of support for homosexual marriage has focused public attention on the question whether such marriage should be permitted, although so far the response has been rather tepid. It no longer seems a hot issue, though it may heat up in the furnace of a presidential election campaign.  In 1967 the Supreme Court, in a case called Loving v. Virginia, held that the prohibition found in the laws of a number of southern states against interracial marriage was unconstitutional. The decision was the culmination of a long series of judicial, legislative, regulatory, and…

  • On Homosexual Marriage-Becker

    Gary Becker
    13 May 2012 | 4:13 pm
    Posner shows how attitudes toward homosexuals have changed dramatically during the past half century. This change did not take place in a vacuum because most sexual and family attitudes underwent revolutionary changes during the same time period. Divorced women were outcasts at that earlier time, whereas now divorced women as well as men are considered part of the normal marital landscape. To be an unmarried mother was then considered shameful, whereas although unmarried motherhood is not yet accepted as normal, unmarried mothers are not ostracized. The pill and other improved contraceptives…

  • Why has the Recovery in Employment in the US been so Slow? Becker

    Gary Becker
    6 May 2012 | 8:25 pm
    The jobs report from The Bureau of Labor Statistics this past Friday is not good reading. The economy added about 115,000 workers, the slowest increase in 6 months. To make matters worse, over 40% of the unemployed have remained out of work for at least six months. The unemployment rate did drop a notch, but this was because many discouraged workers left the labor force. In fact, the recovery is the slowest in the post World War II period. No single factor explains this slowness, but a combination of several explains most of the slow recovery. Recoveries after major financial crises are…
  • add this feed to my.Alltop

    Sui Generis-a New York Law Blog

  • Cloud Computing, Client Portals, Automating Legal Practice and More

    NBlack
    15 May 2012 | 1:52 pm
    Yes check (Photo credit: Wikipedia) Lately I've been busy writing blog posts for the MyCase blog and writing articles and blogs posts for the ABA GPSolo eReport, Ms. JD, and starting this Friday, I'll be blogging bi-weekly at the Lawyerist blog as well. For those who are interested, here are links to some of my recent posts: Automating attorney functions: The discussion continues (MyCase blog) App Check: Zite [non-legal] [news] (MyCase blog) Can you automate the practice of law? (MyCase blog) What Lawyers Need to Know About Choosing Cloud Computing Platforms (MyCase blog) App…

  • New York Court of Appeals grapples with Internet porn

    NBlack
    15 May 2012 | 9:55 am
    This week's Daily Record column is entitled "Court of Appeals grapples with Internet porn." A pdf of the article can be found here and my past Daily Record articles can be accessed here. Court of Appeals grapples with Internet porn. Last week, the New York Court of Appeals handed down its decision in People v. Kent, 2012 N.Y. Slip Op. 03572. In this decision, the court considered whether the defendant, by simply viewing images of child pornography on his computer screen, had knowingly procured or possessed child pornography in violation of Penal Law § 263.15 (Promoting a Sexual…

  • iPad resources for lawyers grow plentiful

    NBlack
    8 May 2012 | 10:39 am
    This week's Daily Record column is entitled "iPad resources for lawyers grow plentiful." A pdf of the article can be found here and my past Daily Record articles can be accessed here. IPad resources for lawyers grow plentiful In just a few short years, iPads have become ubiquitous. Although the first iPad was released just 2 years ago, iPads are popping up everywhere, from coffee shops and airports to the boardroom and the courtroom. It seems indisputable — the tablet computing revolution has begun and, just like everyone else, lawyers are quickly joining the ranks of iPad owners. In…
 
  • add this feed to my.Alltop

    Conglomerate

  • Family Film Blogging: The Avengers

    Christine Hurt
    14 May 2012 | 1:48 pm
    So, if you are one of approximately nine people in the country that hasn't seen The Avengers yet, you should probably go ahead and go.  (And remember, stay until the end of the credits.)  I have seen it twice.  Once in 3D. So, I have to admit that my son and I went on a mission to meet all of the prerequisites for the movie.  We have seen Iron Man, Iron Man 2, Incredible Hulk, Thor and Captain America.  Our favorite was definitely Captain America.  But, I have to say that the movies all point toward this summer's blockbuster, interweaving characters and subplots in a nice way.  So, we…

  • The JPMorgan $2 Billion Trading Loss: Three Talking Points

    David Zaring
    14 May 2012 | 10:32 am
    What traders do is regulated, and will only get more regulated upon the implementation of Dodd-Frank. But what they do isn't the heart of financial regulation, which doesn't so much scrutinize individual trades (a generalization, to be sure), as attempt to put into place institutional arrangments that ensure that the financial system will survive one or a few trades going south.  For lawyers, in other words, the talking points in the wake of JPMorgan's $2 billion trading loss aren't obvious.  Here is an attempt at three: When traders blow up a bank, the bosses get fired.  The Chief…

  • Signing Off & Thank You

    Haskell Murray
    14 May 2012 | 10:00 am
    Thank you to all of the permanent Glom bloggers for sharing your platform with me over these past two weeks.  And thank you to all of the commenters who engaged my posts. I thoroughly enjoyed my first guest blogging experience and gained new respect for professors who blog regularly.  Thanks again for the opportunity and the experience. 
  • add this feed to my.Alltop

    Ms. JD - Changing the Face of the Legal Profession

  • The Weekly Round Up: Week of 5/11/2012

    editor
    11 May 2012 | 11:18 am
    Image:  ms_jd_weekly_round-up_164.jpg As we prepare for our annual conference, She Leads, in Washington, DC, we continue to offer you great leadership articles to help you prepare as well.  This week HBR asks "Just How Powerful Are You?"  Also, the Glass Hammer asks "Are Women Better Leaders?" A big backlash against TIME for promoting the Mommy Wars based on their latest cover.  Here's one take on it from MomsRising. In other "Moms" news, Forbes releases the most powerful Moms in the world list. In helpful job tips, seven phrases to delete from your LinkedIn…

  • Top 10 Tips to Ace a Telephone Screening: by Mardy Sackley

    LateralLink
    11 May 2012 | 8:34 am
    Image:  Mardy Sackley You got the call. Your dream employer wants to interview you! You’re doin’ the happy dance, envisioning a face to face meeting that involves a series of interviews followed by a swanky lunch. Then they let you know – this is a telephone screen. Say what? Lucky for job seekers everywhere, the lateral legal market is greatly improved from the dark days of 2009. Since the recession, however, employers have been forced to do more with less. Hence, the telephone screen, a cost effective way for an employer to figure out if a candidate has the basic skill set and…

  • Breakfast With Tiffany...

    Nancy Glazer
    10 May 2012 | 8:30 pm
    Image:  nancy_glazer_0.jpg You may recall reading the clever blogs of Tiffany Farber, one of my co-bloggers from Law Bulletin Publishing’s former series, Attorneys in Transition. Tiffany is the one who boldly told us all about her life and attitudes in transition, never sounding pouty or feeling entitled that the world owed her more than she received.  You may recall Tiffany’s blogs, full of energy after rolling up her sleeves, shutting down her laptop and taking it to the pavement. In fact, when Tiffany’s staff attorney/pro bono coordinator position was eliminated from a…
  • add this feed to my.Alltop

    Biker and Motorcycle Lawyer Blog

  • An Epidemic of Stupidity

    Norman Gregory Fernandez
    9 May 2012 | 11:14 pm
    I have noticed a marked increase of persons contacting me to get advice on how they can represent themselves in their own personal injury case. Some of these winners get on websites that allow consumers to ask questions of attorneys, then they go and try to handle cases on their own without an attorney. Do these people realize why we personal injury attorneys exist? We exist because for profit insurance companies will simply not give you what you are entitled to 99.9% of the time without an attorney. The first thing they teach us lawyers in law school is never to represent yourself in a legal…

  • Introducing our new California Accident App

    Norman Gregory Fernandez
    8 May 2012 | 4:35 am
    California Accident App Icon The Law Offices of Norman Gregory Fernandez & Associates is proud to introduce our new California Accident App ™ for the iPhone, iPod, and iPad, and for Android Phones Tablets, and devices. Best of all it is FREE for all users worldwide. Our California Accident App™ is available on Apple iTunes by clicking here, and on the new Google Play Market (replacement for the Android Marketplace) by clicking here. We developed this mobile application to assist all California drivers in the event that should be in a car, motorcycle, truck, or other motor vehicle…

  • Make Sure you Notify the Department of Motor Vehicles if You Sell or Give Away your Car, Motorcycle, or other Motor Vehicle or You could Los Big Time

    Norman Gregory Fernandez
    25 Apr 2012 | 4:07 am
    California Pink slip and tear off change of ownership form sample A common issue that is brought to my attention over and over again to such an extent that it is almost routine is the following scenario; A person sells a car to another person, and that person gets into a car accident, commits a crime, or incurs a massive amount of parking tickets, before the person who sold the car notifies the Department of Motor Vehicles (DMV) of the sale or giveaway, or before the new owner registers the car in their name, and they are now getting sued, or having law or parking enforcement coming after…
 
  • add this feed to my.Alltop

    netnetweb.com

  • NET(net) and xPeerient Partner to Transform Enterprise IT Sourcing

    7 May 2012 | 9:31 pm
    NET(net) and xPeerient, the world's first social enterprise IT marketplace, announced today the launch of NET(net) VET™, designed to reshape the way enterprises source and purchase technology. NET(net) VET™ is powered by xPeerient’s peer networking and strategic IT...

  • Reduce Maintenance Costs on Enterprise Software

    24 Apr 2012 | 12:59 pm
    Many of our clients continue to be furious about their inability to effectively manage the economic value of their ongoing support costs for major software platforms like SAP and Oracle.  Clients are often frustrated that as they deploy and consume the technology, integrate it into their...

  • Microsoft Increases Prices (Again)

    24 Apr 2012 | 12:49 pm
    Microsoft continues its market consolidation with price increases (and more to come).  Who is surprised? In recent weeks, many Microsoft customers have felt outraged and blind-sided by Microsoft’s price increases and licensing changes for SQL Server and the System Center suite of...
  • add this feed to my.Alltop

    PT-LawMom

  • Weekly MILP Roundup #249

    ptlawmom
    22 Apr 2012 | 12:35 pm
    The Weekly MILP (Moms In the Legal Profession) Roundup is hosted on a rotating basis at the Butterflyfish, Ptlawmom, Attorney Work Product, Attorney at Large, Today & Tomorrow, Magic Cookie, and Reluctant Grownup blogs and is usually posted no later than Monday. This week… Butterflyfish welcomed her newest baby girl (no pics on blog yet Continue reading →

  • Weekly MILP Roundup #242

    ptlawmom
    4 Mar 2012 | 12:25 pm
    The Weekly MILP (Moms In the Legal Profession) Roundup is hosted on a rotating basis at the Butterflyfish, Ptlawmom, Attorney Work Product, Attorney at Large, Today & Tomorrow, Magic Cookie, and Reluctant Grownup blogs and is usually posted no later than Monday. This week… Dinei finished the bar (congrats!!!) Kate weighed her options LC reflects Continue reading →

  • Incompetent

    ptlawmom
    4 Mar 2012 | 11:32 am
    I used to think that the curved grading in law school was lousy, particularly for part-time students with full-time jobs and families, because it was so dependent on intelligence, time spent on studying, etc.  I had classmates whose employers were paying for them to go to school and then giving them two weeks off before Continue reading →
  • add this feed to my.Alltop

    Durham-in-Wonderland

  • Dean McClain

    KC Johnson
    10 May 2012 | 6:48 pm
    [Update, Saturday, 5.57pm: And, in a further aspect of the annals of non-accountability: Duke has just extended Richard Brodhead's contract for five years. In a statement, the trustees praised Brodhead's "inspired leadership." The statement speaks for itself.]As noted many times before, a major theme of this blog has been the utter lack of accountability for the faculty members and academic administrators whose behavior in the lacrosse case failed to meet even the minimal ethical standards that a world-class university should expect of its faculty. Duke provided yet another reminder of the…

  • The Serial Fabricator Strikes Again

    KC Johnson
    5 May 2012 | 1:06 pm
    [Update, 6 May, 10.33am: As of this morning, the comments section in which Adjunct Prof. Murphy made her false statements is not visible on the P-L website.][Update, 5 May, 11.39pm: Rule 8.4(c) of the Massachusetts Rules of Professional Conduct deems it "professional misconduct for a lawyer to  . . . engage in conduct involving dishonesty, fraud, deceit, or misrepresentation." It is hard to see how Murphy's lengthy, and repeated, fabrications in her public comments about the lacrosse case do not violate this standard.]Adjunct law professor and serial fabricator Wendy Murphy, Esq.,…

  • Did Sgt. Smith Forget His Memory Pills?

    KC Johnson
    27 Apr 2012 | 4:36 pm
    The Liestoppers forum has posted the deposition transcript of Duke police first sergeant Gary Smith. Smith’s name would be known to people who followed the case very closely as the Duke employee who, in violation of FERPA, handed over the lacrosse players’ keycard information to the DPD—and then, at least according to the implied Duke version of events, initially didn’t tell anyone what he did.Perhaps Sgt. Smith needed to take a few of Grandma’s pills before being deposed. Over the course of the session, he claimed that he could not…
 
  • add this feed to my.Alltop

    Legal Profession Blog

  • Bad Judgment, Good Taste

    Legal Profession
    15 May 2012 | 3:39 pm
    A District of Columbia Hearing Committee has recommended approval of a consent discipline of a three-month suspension of an attorney convicted of stealing "seven or eight" neckties from a Nordstrom's in Tysons Corner, Virginia. The attorney was depressed as a...

  • Attorney Practiced While Suspended For Failure To Pay Child Support

    Legal Profession
    15 May 2012 | 9:51 am
    The North Dakota Supreme Court has suspended an attorney for six months and one day. Among the violations were instances of unauthorized practice while suspended for failure to pay child support: [The attorney's] license to practice law in North Dakota...

  • The Battering Ram

    Legal Profession
    14 May 2012 | 10:53 am
    An Arizona attorney has been suspended for one year with reinstatement on probation for two years. Among the incidents were two sets of communications by telephone with medical records providers. One involved the attorney's receipt of the wrong records. He...
  • add this feed to my.Alltop

    China Law Blog

  • Aussiewood Film Finance And China Co-Productions. Ever The Twain Shall Meet?

    Dan Harris
    15 May 2012 | 5:34 pm
    By:  Mathew Alderson During the Beijing International Film Festival last month, several Hollywood executives and film producers expressed interest in the Australian producer offset and asked me whether their films might qualify for it. Though these sorts of inquiries tend to arise in connection with official Chinese co-productions, they also come up in connection with Hollywood projects with no immediate China connection. In this post I will look at the Australian producer offset generally. There are significant exceptions to the rules in the case of an official Chinese co-production so I…

  • News Corp Buys Into Bona Film Group And Gets What? The Disclosure Statement Might Tell Us.

    Dan Harris
    14 May 2012 | 3:09 pm
    Just back from Los Angeles, where I met with countless people in the movie industry and discussed with nearly all of them how Chinese entertainment companies are and will be buying into Western entertainment companies, and vice-versa. In just the past week, we are hearing of Wanda (China) looking to buy into AMC Entertainment (U.S.) and News Corporation (Rupert Murdoch’s company) having just announced that it will be buying approximately 20% of Bona Film Group, a China-based movie distributor and producer. And that is where things get complicated. As soon as I heard about the Bona film…

  • China Luxury Spending Seminar. New York City On May 16, 2012.

    Dan Harris
    12 May 2012 | 11:12 pm
    Just got back from Los Angeles, where I met with long-time China hands, Sage Brennan and Renee Hartmann.  Since returning to the United States, Sage and Renee have formed China Luxury Advisors, a consultancy focused on helping luxury goods companies market to Chinese consumers both within and outside China. These days its difficult to find any consumer brand that is not at least considering the potential to sell to Chinese consumers — whether by entering the China market or by targeting the hordes of wealthy Chinese shopping and traveling overseas. In the luxury industry, interest is…
  • add this feed to my.Alltop

    Patent Law Blog (Patently-O)

  • Patently-O Bits & Bytes by Lawrence Higgins

    Lawrence Higgins
    13 May 2012 | 6:46 pm
    Freedom of Speech and Facebook Technology is forever changing, and with technological change there is also legal change. In a recent Virginia District Court case, the judge decided that liking a Facebook page is not protected speech. The judge stated that, "It is the court's conclusion that merely 'liking' a Facebook page is insufficient speech to merit constitutional protection. In cases where courts have found that constitutional speech protections extended to Facebook posts, actual statements existed in the record." I would like to think that if I like a page or a…

  • In Memorium Best Mode

    Rantanen
    11 May 2012 | 9:14 am
    By Jason Rantanen When Congress passed the America Invents Act and President Obama signed it into law, courts were stripped of the power to declare patents either invalid or unenforceable for failure to disclose a best mode.  While it is true that amended section 112 of Title 35 still technically "requires" patent applicants to disclose a best mode if they know of one, courts will no longer enforce the requirement. For all practical purposes, the requirement that a patent applicant disclose a best mode is effectively dead. Yet, perhaps in moving to eliminate the best mode…

  • Judge Wallach and Claim Construction

    Rantanen
    9 May 2012 | 4:45 pm
    By Jason Rantanen Chicago Board Options Exchange, Inc. v. International Securities Exchange, LLC (Fed. Cir. 2012) Download 11-1267-1298Panel: Rader, Wallach (author) and Fogel If my own conversations are any indicator, many people who follow the Federal Circuit's claim construction jurisprudence have developed strong opinions about the longstanding members of the court.  More of an unsolved puzzle are the more recent appointees.  In Chicago Board Options Exchange, we get a glimpse into the newest member of the court's thoughts on claim construction in his debut patent law…
 
  • add this feed to my.Alltop

    Legal Talk Network

  • Women Who Opt Out: The Debate over Working Mothers and Work-Family Balance

    admin
    15 May 2012 | 3:00 pm
    Bernie Jones, Associate Professor of Law at Suffolk University Law School, discusses her new book, “Women Who Opt Out: The Debate over Working Mothers and Work-Family Balance.”

  • The BP Oil Spill Case and Large Volume E-Discovery

    admin
    15 May 2012 | 12:15 pm
    How do you efficiently handle large volume e-discovery in a high-profile case? Digital Detectives co-hosts, Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc., and John W. Simek, Vice President of Sensei Enterprises, get expert advice from Joe Mulenex, the Regional Technical Director for Avansic, who assisted the discovery team for the Plaintiffs Steering Committee in the BP Oil Spill case. Joe discusses the biggest challenges of handling documents and the importance of project management. He also shares his biggest e-discovery take away from this case. Special Thanks to our…

  • Evaluating and Negotiating Workers’ Compensation Claims

    admin
    14 May 2012 | 2:26 pm
    Closing a workers’ compensation claim  involves a two-step process: evaluation and negotiation.  On Ringler Radio, host Larry Cohen joins colleague, Teddy Snyder, Esq. and Attorney Sylvia Lopez from Bakersfield, California, to talk about closing workers’ compensation claims. They explore the risks and advantages to a claimant and employer in closing a workers’ compensation claim, the importance of rated age and how a structured settlement can give injured workers the best of both worlds. Click here to view the embedded video. Watch all the Legal Talk Network Videos on our YouTube…
  • add this feed to my.Alltop

    Patent Baristas

  • National Bioeconomy Blueprint 2012

    Stephen Jenei
    30 Apr 2012 | 3:48 pm
    “The world is shifting to an innovation economy and nobody does innovation better than America. ” —President Obama, December 6, 2011 On September 16, 2011, President Obama announced that his Administration would release a National Bioeconomy Blueprint as part of his commitment to supporting scientific discovery and technological breakthroughs to ensure sustainable economic growth, improve the health of the population, and move toward a clean energy future. The 2012 National Bioeconomy Blueprint has two purposes: to lay out strategic objectives that will help realize the full potential…

  • World Intellectual Property Day 2012: Visionary Innovators

    Stephen Jenei
    26 Apr 2012 | 8:07 am
    “Behind many extraordinary innovations there are extraordinary human stories.” ~Francis Gurry, Director General of WIPO On April 26, 2012, WIPO celebrates World Intellectual Property Day.  The theme of World IP Day this year is “Visionary Innovators”.  Behind every great innovation, either artistic or technological, is a human story – a tale in which new pathways open as a result of the curiosity, insight or determination of individuals. The Wright Brothers’ boyhood fascination with flight leads to a flying machine and travel by air. Louis Pasteur’s inquisitive mind…

  • Book Review Monday: Fun IP

    Stephen Jenei
    23 Apr 2012 | 6:58 am
    A genius transforms the world by expanding the frontiers of intellect. Intellectual property nurtures genius by protecting products of the mind and intellect for the benefit of society.  ~ Dr. Kalyan Kankanala Dr. Kalyan C. Kankanala, the founder of SiNApSE Blog and a leading IP expert in India, has published a short e-book entitled, FUN IP, the Fundamentals of Intellectual Property After giving an overview of the basic concepts, it expounds various contemporary issues and debates around the concepts. Important IP principles have been explained in the book with simple examples and case…
  • add this feed to my.Alltop

    Religion Clause

  • Canadian Catholic Bishops Issue Letter On Religious Freedom

    Howard Friedman
    15 May 2012 | 7:28 am
    Yesterday the Canadian Conference of Catholic Bishops released a Pastoral Letter on Freedom of Conscience and Religion (full text). The 12-page letter, written by the CCCB's Permanent Council was summarized in part by the CCCB as follows:The letter is largely occasioned by the spread in our own country of an aggressive relativism that actively seeks to force its own view of truth on others. It attempts to relegate religious belief to the private sphere, and considers religion to be insignificant, alien or even destabilizing. Legitimate secularity is open to the engagement of religious beliefs…

  • Fine On Attorney For Anti-Catholic Statements In Court Filing Upheld

    Howard Friedman
    15 May 2012 | 6:05 am
    According to yesterday's St. Paul Pioneer Press, a Minnesota federal district court has upheld the action of a bankruptcy judge who imposed a fine of $5000 on attorney Rebekah Nett for filing a legal memorandum with the bankruptcy court containing bigoted anti-Catholic statements. (See prior posting.) Nett said that the offending memorandum was written by her client, but the district court held that Nett "stuck her head in the sand" when she signed off on the memo.

  • Obama Campaign Hires Religious Outreach Director

    Howard Friedman
    15 May 2012 | 6:00 am
    CNN reported yesterday that the Obama re-election campaign is hiring a staffer from the White House Office of Faith Based and Neighborhood Partnerships to be the campaign's religious outreach director. Michael Wear has resigned his position as executive assistant to the executive director of the White House faith-based office, and will join the Obama campaign in Chicago as its Faith Vote Director. This report follows one in the New York Times yesterday that just two hours after announcing his support for same-sex marriage last week, the President had a conference call with eight…
 
  • add this feed to my.Alltop

    Electronic Discovery Blog

  • Manufacturing Your Own Evidence: Lessons Learned

    Marc Hirschfeld
    15 May 2012 | 12:34 pm
    In Paulina Connery v. Generations Family Medicine, P.C., et al, Plaintiff allegedly changed the bodies of emails sent from Defendants to Plaintiff and used the emails as evidence to support her claim. Plaintiff sued defendant under

  • Native Production or Tiff Production? Avoiding Sanctions

    Larry Wescott & Marc Hirschfeld
    23 Apr 2012 | 8:21 pm
    Larsen v. Coldwell Banker Real Estate Corp., No. SACV 10-00401-AG (MLGx), 2012 U.S. Dist. LEXIS 12901 (C.D. Cal. Feb. 2, 2012) Plaintiffs’ request for production of ESI in native format,

  • Information Overload, a Battle of Search Terms

    Larry Wescott & Marc Hirschfeld
    8 Feb 2012 | 7:17 pm
    Custom Hardware Engineering & Consulting, Inc. v. Dowell, No. 4:10CV00653 ERW, 2012 U.S. Dist. LEXIS 146 (E.D. Mo. Jan. 3, 2012) The court outlined a three step process for the
  • add this feed to my.Alltop

    LIKELIHOOD OF CONFUSION®

  • Default of da system? Or, “Tally Ho!”

    Ron Coleman
    14 May 2012 | 3:55 pm
    Via this patently entertaining post I was alerted to this somewhat more analytical one by Venkat Balasubramani, with Eric Goldman riding shotgun, decrying the $100 million default judgment entered in favor of Hermès: We’ve blogged repeatedly about trademark owners obtaining ex parte orders that provide extraordinarily broad relief, ranging from domain name seizures to orders directing search engines and social networks to “delist” or “deindex” certain websites. In the run-up to SOPA’s introduction and consideration, it seemed relevant to keep track of what relief courts were…

  • Upper crust – the POCKET SANDWICHES croissants saga (Part 1 of 2)

    Ron Coleman
    13 May 2012 | 9:00 pm
    Originally posted 2011-07-15 00:16:11. Republished by Blog Post PromoterLetters, we get letters. Sometimes people just want to share their trademark woes with me.  Sometimes they want free advice, or cheap advice, or just a broad, powerful if round trademarky shoulder to cry on.  I am a man, and no one’s crying towel, yet — surely even a litigator can have feelings. Carl Vennitti is no crybaby, but he has been sharing the story of nearly seven years of trademark-registration and opposition adventures with your tender-hearted blogger.  His adversary:  A little outfit…

  • INTA and the big tent (updated)

    Ron Coleman
    13 May 2012 | 9:00 pm
    Revised from Friday’s original post. In the previous INTA post I raised the question of how a significant session discussing a significant topic — the effect of developments in keyword advertising cases on trademark rights on May 9th, the first day of the 2012 Annual Meeting — could have been so seriously skewed.  I promised, as they say in Washington (but not the way they mean it when they say it), to extend and  clarify my remarks. I linked to this item from Managing Intellectual Property, the really interesting part of which will be discussed in another post.
  • add this feed to my.Alltop

    Sentencing Law and Policy

  • Ninth Circuit panel grudgingly allows Arizona execution to go forward

    Doug B.
    15 May 2012 | 4:17 pm
    As reported in this AP article, the Ninth Circuit "is refusing to block an Arizona execution scheduled for Wednesday." Here is a quick summary of all the action: Separate three-judge panels of the U.S. 9th Circuit Court of Appeals in...

  • "Can a sex-offender ever have a fresh start?"

    Doug B.
    15 May 2012 | 3:58 pm
    The question in the title of this post is the headline of this notable commentary by Ronnie Polaneczky appearing in the Philadelphia Daily News. Here is how it begins: Twenty-seven years ago, Dale Bickerstaff did a horrible thing. He was...

  • New report highlights inequities in Michigan’s JLWOP sentences

    Doug B.
    15 May 2012 | 3:22 pm
    As reported in this new press release, the public policy group Second Chances 4 Youth along with the ACLU of Michigan has release a new report "documenting the systemic disadvantages facing juveniles in the adult criminal justice." This report, which...
 
  • add this feed to my.Alltop

    Grits for Breakfast

  • Juveniles certified as adults often held in solitary confinement

    Gritsforbreakfast
    15 May 2012 | 5:54 pm
    I'm late to the game on this one so I'll leave the description of this latest report (pdf) by Michele Deitch and her LBJ School collaborators to Solitary Watch, which discusses the report at some length:A new report produced by researchers at the University of Texas’s Lyndon B. Johnson School of Public Affairs describes conditions faced by children who are “certified” for transfer to adult criminal justice system. Many of these juveniles are housed in adult jails in Texas while they await trial. The report finds that the majority of youth placed in adult jails are housed in…

  • 'Right-Sizing Texas Corrections'

    Gritsforbreakfast
    15 May 2012 | 2:41 pm
    If you, like Grits, couldn't make it to the Texas Public Policy Foundation's policy briefing last week on "Right-Sizing Texas Corrections," you'll be glad to learn they've posted an audio file of the event online. Go here to listen.

  • Violence at youth prisons blamed on lax discipline, structural problems ignored

    Gritsforbreakfast
    15 May 2012 | 7:31 am
    Mike Ward at the Austin Statesman on Sunday offered a worm's-eye view of violence at youth prisons from the perspective of juvenile correctional officers (JCOs), many of whom, as anyone who reads Grits comments knows, blame increased violence on the head of the Texas Juvenile Justice Department, Cherie Townsend and lenient security policies on TYC campuses ("Workers trace youth lockup's problems to soft discipline," May 13).Voicing the views of a dozen employees, Ward pinned the source of current problems to the period "after 2009, with a new management team in place at agency headquarters in…
  • add this feed to my.Alltop

    Drug and Device Law

  • Another Homework Failure By Plaintiffs

    Michelle Yeary
    15 May 2012 | 1:26 pm
                Yesterday, we blogged about a case where plaintiff failed to do even the most basic investigation to identify the product at issue before filing suit.  She was hoping her case would survive with some vague pleadings in the alternative and a request for discovery.  Unfortunately, for now it is.  So, since that case left us feeling a little down, we decided to focus today on a case that similarly suffered from a lack of facts -- but this one got tossed out.  Happy faces back in place.  As this blogging…

  • Product Identification Problems at the Pleading Stage

    John J. Sullivan
    14 May 2012 | 2:37 pm
    As another work-week starts, we thought we’d talk about beginnings – in particular, beginnings to adversarial contests.  They almost always begin after the adversaries and the stakes have been identified.  In the NHL, for instance, the New Jersey Devils learned this weekend that they will play the Rangers in the next playoff round.  The teams have been identified and we know what they’re playing for – a spot in the Stanley Cup Finals.  So now their series begins (tonight).  In the world of reality TV, America’s Got Talent begins tonight.  The…

  • The More Things Change....

    Bexis
    11 May 2012 | 2:00 pm
    The more they stay the same.Things are about to change at the DDLaw blog, but they will also remain the same.  First, after more than nine years, Bexis is changing law firms.  He’ll be leaving Dechert and joining Reed Smith (still in Philly) on May 14, 2012.  The reasons for the change are his business alone, but the departure has been amicably handled on all sides.  His new email will be jmbeck@reedsmith.com.We like amicability because nobody (except the other side of the “v.”) would benefit from having the Blog and its 5+ year store of information, scorecards, and…
  • add this feed to my.Alltop

    Crime and Consequences Blog

  • More on CJLF's Single-Subject Suit

    Kent Scheidegger
    15 May 2012 | 5:21 pm
    CJLF's single-subject suit against the death penalty repeal initiative got some press coverage.  Howard Mintz has this story for the San Jose Mercury News.  David Siders has this post at the SacBee.  AP has this story.The initiative supporters, naturally, are adamant that their initiative has only one subject, but they don't seem to have coordinated with each other before talking with the press.From the Bee:  "Former San Quentin Warden Jeanne Woodford said in a prepared statement that the ballot measure is 'about one thing and one thing only: ensuring that those who commit…

  • News Scan

    CJLF Staff
    15 May 2012 | 3:28 pm
    Repeat Offender Sentenced to 6 Years Serves 81 Days: KGET TV 17 News reports Israel Iglesias, a six-time DUI offender, was sentenced to 6 years in jail in Kern County, but was released after serving just 81 days. "It's a break I guess, and I'm taking full advantage of that," said Iglesias. Chief Deputy Kevin Zimmerman of the Kern County Sheriff's Department said they try to save beds for the most serious offenders, and Iglesias was released early because he is considered a non-violent, non-serious, and non-sexual offender. "Since my 18th birthday I've been in and out of prison every…

  • They are not like us

    Kent Scheidegger
    15 May 2012 | 1:18 pm
    One of the most persistent errors of people who set out to reform criminal law is the idea that the people who have committed the most horrible crimes are just like us down deep.  The Quakers created the "penitentiary" way back in the late eighteenth century believing that criminals, if confined, would be penitent and reflect deeply and remorsefully on what they had done.  After all, that is what the good Quakers would do if they had deeply sinned.Well, they aren't like us, and they don't reflect deeply and repent.  John Christoffersen has this story for AP from Connecticut:The…
 
  • add this feed to my.Alltop

    TalkLeft

  • Zimmerman's Medical Reports Show Broken Nose and Lacerations

    Jeralyn
    16 May 2012 | 9:29 am
    Update: I was able to find a copy of the actual 8 page list of discovery items released by state's Attorney Angela Corey. ABC news has obtained the 3 page medical report from the doctor who examined George Zimmerman the day after he shot Trayvon Martin. The report was included in the discovery turned over to the defense Monday. Zimmerman was diagnosed with a "closed fracture" of his nose, a pair of black eyes, two lacerations to the back of his head and a minor back injury.... The report also shows Zimmerman's upper lip and cheek were bruised and he had lower back pain. The back of his…

  • Wednesday Afternoon Open Thread

    Jeralyn
    15 May 2012 | 1:55 pm
    Busy day here. Here's an open thread, all topics welcome. Update: Dominique Strauss-Kahn files $1 million counterclaim against the New York hotel housekeeper in the civil suit.

  • John Edwards: Here's the Tape

    Jeralyn
    15 May 2012 | 10:09 am
    John Edwards was probably singing the Boomtown Rats, “I don’t like Mondays” to himself yesterday. His bad luck began in the morning when first the Judge got snippy with Abbe Lowell about Lowell deciding to put his expert witness on when she still hasn’t ruled on whether she’ll allow it. " Come back later in the and we’ll discuss it." Lowell calls his next witness, Lora Haggard, former CFO of his John Edwards for President Campaign. More bad news for John Edwards. The Judge, outside the presence of the jury severely curtailed what she could say. She was not…
 
  • add this feed to my.Alltop

    TheFunded Founder Institute News

  • 'What I've Learned Running the Singapore Founder Institute' by @jpaine

    15 May 2012 | 10:05 pm
    In a post on the Battle Ventures Blog, Jeffrey Paine, Executive Director of Battle Ventures and the Local Director of the Singapore Founder Institute, recounts what he's learned about founders in directing four Singapore FI programs, and comes to the realization that, in helping people chase their dreams and launch companies, he has "the most remarkable job description in the world." The Final Application Deadline for the Founder Institute is this Sunday, May 20th. To get expert training and feedback to launch a startup in 2012, apply today at http://fi.co/apply/singapore. You can…

  • Free #Startup Events in May from the Founder Institute

    15 May 2012 | 1:00 pm
    We will be hosting a number of free events over the next few weeks, across several cities and countries.  These "Startup Bootcamps" are hands-on, intensive workshops that are modeled off a real Founder Institute session. In just three hours, the Founder Institute and leading local entrepreneurs will help you improve your ideas and pitching skills, come up with new ideas, and even recruit potential cofounders.  The Startup Bootcamps come in two different flavors; the Startup Ideation Bootcamp, which focuses on analyzing and dissecting your startup ideas; and the Startup Pitch…

  • Questions About Applying? Ask Adeo on Q&A Conference Calls

    14 May 2012 | 10:25 am
    In the next couple of weeks, there are Application Deadlines approaching for Tel Aviv, Singapore, Puerto Rico, and Silicon Valley. If you or someone you know could benefit from expert training and feedback to launch a technology startup, then click here to apply today. Joining the Founder Institute is a potentially life-changing decision, so if you have any questions about the program please join one of our Q&A Conference Calls below and get them answered directly from our Founder, Adeo Ressi. Simply dail-in at one of the times below to participate. Account: PHONE:…

  • Silicon Valley Grad @Skydera Profiled by @Scobleizer

    13 May 2012 | 9:30 pm
    Silicon Valley Founder Institute Graduate Skydera, and Founder & CEO Lecole Cole, were recently interviewed by tech writer Robert Scoble on Building43.com. Skydera provides advanced software tools for management, automation and compliance for all the top public and virtual private cloud providers.  According to Scoble, "Skydera C3 is the breakthrough cloud automation and management environment designed from the ground up to deliver easy-to-use Platform-as-a-Service (PaaS) for the age of cross-cloud IT. In addition to providing full-featured cloud application deployment and lifecycle…

  • #FounderShowcase Global #Entrepreneurship Panel Video

    12 May 2012 | 6:51 am
    At the 10th Founder Showcase on April 24th in San Francisco, we hosted a panel featuring top international technology founders from Asia, South America, and Europe to discuss the issues and trends surrounding global entrepreneurship - including Andy Zain (Founder & CEO of PT Numedia Global, and Leader of the Jakarta Founder Institute), Heiko Rauch (Owner at Globumbus.com, Co-Founder & CEO at Zanox.de), Tim Delhaes (CEO of mon.ki), Camilo Gomez (Co-Founder of SnappyGo), and Tuan Pham (Chairman at the TOPICA Education Group, and Leader of the Vietnam Founder…
  • add this feed to my.Alltop

    SCOTUSblog

  • Latif: An answer to detainee lawyers’ dilemma?

    Lyle Denniston
    15 May 2012 | 4:01 pm
    Analysis For most of the past four years, the volunteer lawyers who are helping Guantanamo Bay detainees use their constitutional right of access to U.S. courts have faced a dilemma: they assumed that, at some point, the Supreme Court would again get interested in those cases, but they had no idea what it would take to get the Justices involved again.  They persuaded the Court just once in those years to grant a case — a highly unusual one – but that case went away without any new guidance on where the Court stands. Last Term, the lawyers failed every time as they tried…

  • Petitions to watch | Conference of May 17, 2012

    Matthew Bush
    15 May 2012 | 10:45 am
    At its May 17, 2012 Conference, the Court will consider such issues as the presumption of accuracy of intelligence reports in Guantanamo habeas decisions, standing to challenge the Foreign Intelligence Surveillance Act, the standard of federal habeas review for state court factual determinations, and the burden of proof for affirmative defenses in a criminal case.  This edition of “Petitions to watch” features petitions raising issues that Tom has determined to have a reasonable chance of being granted, although we post them here without consideration of whether they present appropriate…

  • Tuesday round-up

    Nabiha Syed
    15 May 2012 | 8:41 am
    Yesterday the Court issued an opinion in Hall v. United States, holding that the federal income tax liability resulting from petitioners’ post-petition farm sale is not incurred by the estate under Section 503(b) of the Bankruptcy Code and thus is neither collectible nor dischargeable inthe Chapter 12 plan. Robyn Hagan Cain of Findlaw describes the opinion as “unusual,” explaining that she “didn’t expect to see Justice Sotomayor aligned with Chief Justice Roberts and Justices Scalia, Thomas, and Alito in a tax decision ruling against struggling farmers,” while Calvin Massey of the…
  • add this feed to my.Alltop

    Hugh Hewitt's TownHall Blog

  • Hugh Hewitt: Memo To Team Romney: Managing The New News

    15 May 2012 | 9:20 am
    On Yesterday's program I interviewed two writers for the Washington Post --one was Dan Balz, the Post's senior political correspondent and the other Jennifer Rubin, the Post's center-right blogger who has an enormous...

  • Hugh Hewitt: I Hadn't Considered This

    14 May 2012 | 11:41 pm
    But as Ed Driscoll points out, low information voters have a much greater vulnerability to misinformation, even when the misinformation is intended as an ironic commentary.It was a just a couple of months back when a...

  • Hugh Hewitt: "The Significance of a "W""

    14 May 2012 | 8:50 am
    My Washington Examiner column this morning takes a closer look at Mitt Romney's speech to Liberty University graduates and their families.Incredibly Team Obama has begun the week by raising the issue of jobs, which...
 
  • add this feed to my.Alltop

    NRO Articles

  • What Happened in Greece?

    Napoleon Linardatos
    16 May 2012 | 3:00 am
    In Jonah Goldberg’s The Tyranny of Clichés, liberals in the United States try to conceal their ideological bias by pretending to be objective, pragmatic, and moderate. The Greek Left, on the other hand, operating in a center-left country, has no such preoccupations. In the May 6 parliamentary elections, for the first time in recent history, a party of the far Left came in second. It is composed of various subgroups such as the eco-socialists, the Anti-Capitalist Group, the Communist Organization of Greece, and the Trotskyist Communists of the group known as Red. Just in case you…

  • Obama’s Appalachian Problem

    Brian Bolduc
    16 May 2012 | 3:00 am
    In West Virginia, federal inmate Keith Judd recently swiped 42 percent of Democratic votes from the president, indicating the level of dissatisfaction among the rank and file. And according to a Talk Business–Hendrix College poll conducted on May 10, Obama leads John Wolfe, a virtually unknown candidate, in Arkansas’s 4th congressional district by only 7 points, 45–38. Three weeks earlier, the Talk Business–Hendrix College poll showed the president leading by 65–24 in the slightly less conservative 1st district, but that was before Obama declared his support for…

  • Romney’s Russian Reset

    Arthur Herman
    16 May 2012 | 3:00 am
    It was a bad week for Russian president Vladimir Putin. First, there was the crash of the Russian-made airliner in Indonesia that killed 45 people and wrecked whatever’s left of the reputation of Russia’s struggling aerospace industry. Second, there was the news about terrorists planning to bomb the 2014 Winter Olympics, which are supposed to be held in the Russian city of Sochi.Keep reading this post . . .
  • add this feed to my.Alltop

    Nuts & Boalts

  • In a word

    Armen
    9 May 2012 | 4:05 pm
    A commenter asks in the thread below:  "Has this blog died down or is it just me?"  Well, I can't speak for others, but personally, I've seen a lot of material that I've wanted to write about, but haven't had the time to put together any intelligent thoughts on the subjects, e.g. Dewey collapse, comparing punishment in sports to theories of criminal justice, KINGS!!!!!!, stupid Berkeley bureaucracy punishing a kid for being creative, Boalties getting a shout-out in the California Lawyer Magazine for challenging said inane stupid bureaucracy in a different context (hmmmmm...a…

  • Professor Quotes: Spring 2012 Edition

    Armen
    19 Apr 2012 | 11:36 am
    Latest edition of professor quotes.  Post away.  And if anyone is confused by the topic, comments in this thread should help answer your questions (key ones reposted here):Anonymous said...I am confused - do people write down exactly what their professors say and then flag it somehow as funny or cute? How do you all have all these quotes? I think it's weird.Armen said...I used to create a section at the bottom of my notes labeled "Professor Quotes." Then during class, whenever I heard something funny, witty, silly, or sad, I'd recreate it in that section as best as I could. Often…

  • Orange You Glad?

    Armen
    10 Apr 2012 | 9:39 pm
    Today, the Ninth Circuit issued an important en banc decision involving the scope and reach of the Computer Fraud and Abuse Act (18 U.S.C. 1030), which makes it illegal to "exceed[] authorized access."  The government has been pushing the limits of this statute by essentially arguing that if you violate the terms of use of any site, then you're guilty of this crime, e.g., Lori Drew, who was charged with violating MySpace's terms of service by creating a fake page that her daughter used to bully a neighbor.  Today's ruling rejects that interpretation.  And if you're interested…
  • add this feed to my.Alltop

    The Frugal Law Student

  • Think You’ll Get Social Security…Think Again

    Brett McKay
    10 May 2012 | 12:08 am
    When most people think of social security, they think of senior citizens collecting a paycheck. That’s just half the story. A lot of people also receive social security checks due to disability. Due to the poor job market, suddenly more and more are seeking this assistance. This is putting additional strain on the social security system. Between the ponzi-like finance of social security, the aging baby boomers, and now more and more people being disabled, young lawyers can pretty much count that they won’t be getting social security payments until they’re very, very old (if…

  • Exercise for Cheap

    Brett McKay
    7 Apr 2010 | 11:09 pm
    The benefits of staying in shape have been espoused numerous times. I don’t want to focus too much on that here. Though, it is worth keeping in mind that studies have shown thinner, more attractive-looking people receive preferential treatment in the job market. While that might be “unfair” or “discriminatory”, the fact of the matter is, human nature responds better to people we view as being attractive. Remember this little fact as you near potential job interviews or important meetings. “Looking good” never hurts and exercise certainly helps your…

  • Blog for Bites

    Mike
    10 Mar 2010 | 4:31 pm
    Although it may seem a bit out-of-context blogging for meals can actually be a great starting point. For those who are seeking alternatives to high-priced recipes, usually found in mainstream recipe books, a good blog-spot can be worth more than a barrel of high-end recipe cards. On the contrary, and for the general purpose of seeking out low-budget foods, you may find a treasure-trove waiting to be discovered. Simply searching the right phrase can lead you to mountains of easy, inexpensive recipe alternatives. Thousands of bloggers have dedicated their time to reinvent “cooking on a…
 
  • add this feed to my.Alltop

    Larry Bodine Law Marketing Blog

  • Majority of Clients Go Online to Look for an Attorney

    Larry Bodine
    16 May 2012 | 5:00 am
    When you read this statistic, let it sink in: 3 out of 4 consumers seeking an attorney over the last year used online resources at some point in the process The way consumers look for a lawyer has changed in today's digital age. The advent of social media, smart phones and search engines has dramatically affected the way consumers find lawyers. Think about it. Would you ask your neighbor whom to call if you were charged with a crime? Would you ask your relatives to help you shop for a divorce lawyer? I don't think so. You'd rather research these issues in private by opening your laptop. And…

  • 5 Factors Attorneys Need to Know about Social Media

    Larry Bodine
    15 May 2012 | 5:00 am
    You can't practice law today without knowing about the law as it applies to social media. Thanks to attorney April Besl at Dinsmore in Cincinnati for pointing out these important facts. Be sure to check out the invitation at the bottom of this guest blog post. 1. Social Media Impacts Every Facet of Your Client’s Business and Your Business Social media isn't something that can be pigeonholed into one segment or area of yours or your client's business. Instead, it impacts every facet of the business, from human resources and marketing/advertising to research & development, and routine…

  • GPSolo: Law Firms Use LinkedIn, Blogs & Twitter to Market

    Larry Bodine
    14 May 2012 | 5:00 am
    Check out the ABA's GPSolo eReport, which just published Surviving Social Media: Nearly All Small Firms Use Social Media in Legal Marketing by yours truly. Discover that: 90 percent of lawyers use professional social networks like LinkedIn and MyLegal.com. 88 percent write blogs. 73 percent use Twitter. 68 percent use consumer social networks like Facebook and Google+. 51 percent use video networks like YouTube and Vimeo. Only 19 percent use social question-and-answer sites like Wikipedia, Quora, and Yahoo Answers. Joining the crowds online, lawyers in small firms are actively sending…
  • add this feed to my.Alltop

    Robert Ambrogi's LawSites

  • North Carolina Bar Drops Casemaker for Fastcase

    Robert Ambrogi
    15 May 2012 | 7:04 pm
    In the continuing battle between Fastcase and Casemaker to win over the hearts (and business) of state bar associations, score one for Fastcase. And a big one, at that. Today, the North Carolina Bar Association announced that, effective June 1, Fastcase will replace Casemaker as the legal-research service it offers its members. Making that particularly notable is that the NCBA has been with Casemaker since 2001, when it was one of the first bar associations to provide access to a legal research service as a member benefit. One of the factors cited in the announcement for making the switch is…

  • Lexis Launches ‘Practice Advisor’ for Financial Restructuring and Bankruptcy

    Robert Ambrogi
    3 May 2012 | 8:05 am
    Leana Fisher was an associate in the financial restructuring practice group at Morgan, Lewis & Bockius the first time a partner asked her to draft a reorganization plan for a debtor. Uncertain of what to do, she dove into PACER in search of examples and burned the midnight oil cobbling together a plan. When she presented it to the partner the next morning, he questioned why she had included various provisions that were inapplicable to their client. She had no good answer. Flash forward many years, and Fisher is now the director in charge of a product she believes will help other lawyers…

  • Easy Way for Anyone to Add You to their Contacts

    Robert Ambrogi
    2 May 2012 | 9:00 am
    Warning: You might just go ape over ContactMonkey. It lets you provide your contact information to others in a way that makes it easy for them to add you to their contacts — no matter what program they use for their contacts and no matter what device or operating system they are on. Visitors to my profile need just click to add me to their contacts. You get a unique web address for your contact information. Put the address in your email signature, on your business card, on your website, or wherever. When someone goes to that page, they see your full contact information. But the better…
  • add this feed to my.Alltop

    Wise Law Blog

  • 140Law - Legal Headlines for Tuesday, May 15, 2012

    Rachel, Law Clerk
    15 May 2012 | 8:12 am
    Here are the leading legal headlines from Wise Law on Twitter for Tuesday, May 15, 2012: Law blocks dental professionals from treating spouses LegalZoom to go public; plans include creating a network of lawyers to dispense legal advice Supreme Court of Canada to consider use of sniffer dogs to find drugs - Vancouver Sun Employment Contract Amendments - A Landmine For Employers - Mondaq News Alerts (registration) Canada's top court to decide if data on work computer is private App by app, it is a tablet takeover - Lawyers Weekly G20 report clears RCMP but raises questions over 'kettling'…

  • 140Law - Legal Headlines for Monday, May 14, 2012

    Rachel, Law Clerk
    14 May 2012 | 8:35 am
    Here are the leading legal headlines from Wise Law on Twitter for Monday, May 14, 2012: The laws of employee leaves - Canadian HR Reporter (blog) Lights, Camera… Judgment! — Slaw (omarharedeye Toronto Mayor Rob Ford wants to scrap 5-cent plastic bag fee NC Lawyer Is Suspended Amid Allegations He Punched and Bit a Cop Who Tasered Him LSUC benchers recommending amendments to CPD interactivity Toronto area lawyer contacted on a “We built a website for you” hacking attempt Proposed Federal Legislation To Prohibit Employers From Requiring Access to Social Media of job Applicants John…

  • 140Law - Legal Headlines for Friday, May 11, 2012

    Rachel, Law Clerk
    11 May 2012 | 8:08 am
    Here are the leading legal headlines from Wise Law on Twitter for Friday, May 11, 2012: Advocate Daily - Paralegal fights for equal rights in Ontario Court of Justice Cyber-spies will target smartphones, tablets: CSIS report Ontario NDP want chain restaurants to post calories Canada's top court to hear Facebook defamation case Thursday Employee Terminated for Theft Still Entitled to Bonus London Tweeting: The Crown Prosecution Service Talks Twitter Feds sue Sheriff Joe, alleging racial profiling Prosecution rests in Edwards trial; defense to seek dismissal B.C. to Have Official Online Dispute…
 
  • add this feed to my.Alltop

    Inter Alia

  • Blawg of the Day – Just Enrichment

    Tom Mighell
    15 May 2012 | 1:00 pm
    I haven’t mentioned a law school blog in a long time, so let’s do it today.  Just Enrichment features the posts of 13 law students, who may or may not be at the same law school.  They are writing on affirmative action, important cases (health care, Proposition 8), the Solicitor General as Amicus, and more.  And maybe they are all graduating – they haven’t posted in a little over a month.  If so, good luck on the bar exam!

  • Blawg of the Day – SALT Online

    Tom Mighell
    14 May 2012 | 1:00 pm
    The blog SALT Online’s stated goal is “shaking things up in state and local tax.”  It’s brought to you by big firm Sutherland Asbill & Brennan, and they’re discussing such seasoned topics as the False Claims Act and state taxation, transfer pricing assessments, apportionment, single business tax, and much more.

  • Blawg of the Day – BioLawGics

    Tom Mighell
    11 May 2012 | 8:00 am
    We’ll close out the week with the well-titled BioLawGics, a blog by the Life Sciences team at Dechert devoted to exploring the legal aspects of bringing biological medicines to market.  Recent posts have discussed such topics as Biosimilars Guidance, the Biologics Price Competition Act, and diagnostic test patenting, among others.
  • add this feed to my.Alltop

    Health Care Law Blog

  • WVHCA Issues Policy Statement for Public Witnesses

    29 Apr 2012 | 11:24 am
    On April 11, 2012, the West Virginia Health Care Authority announced a new policy regarding the testimony for witnesses from the public before the Authority at certificate of need and rate hearings. The policy statement issued by James L. Pitrolo, Jr. Chairman, is effective from April 11, 2012 and states as follows: I. PURPOSE To establish procedures and guidelines governing the testimony for witnesses from the public. II. CANCELLATION This policy cancels and supersedes all prior memoranda regarding testimony for witnesses from the public.  III. POLICY In order to ensure an orderly…

  • MSBCBS of TN Settles HIPAA/HITECH Violation for $1.5M

    14 Mar 2012 | 12:13 pm
    The HHS Office for Civil Rights (OCR) announced a settlement of $1.5M with Blue Cross Blue Shield of Tennessee (BCBST) relating to potential violations under the HIPAA Privacy and Security Rules. According to the OCR press release, the enforcement action by OCR is the first reported as resulting from a breach report required under the new Breach Notification Rule implemented as a result of the HITECH provisions of HIPAA. The breach involved 57 unencrypted computer hard drives that were stolen from a facility leased by BCBST in Tennessee. The hard drives contained protected health information…

  • OHFLAC Announces New Independent Informal Dispute Resolution Procedure for West Virginia Nursing Homes

    10 Mar 2012 | 2:57 pm
    The latest West Virginia Health Care Association e-News Update announced that the Office of Health Facility Licensure and Certification (OHFLAC) has put into place a new Independent Informal Dispute Resolution (IIDR) review of disputed deficiencies for all nursing homes in West Virginia. The new IIDR procedure goes into effect immediately and three out of state vendors experienced in IDRs were selected to be the third party reviewers. The current Informal Dispute Resolution (IDR) will remain as an alternative option. According to the e-News Update, the new procedure will be detailed in a…
  • add this feed to my.Alltop

    LawBizBlog

  • Accountability

    Ed Poll
    15 May 2012 | 1:13 pm
    Have we lost accountability? Have we lost taking personal responsibility for our own actions. Some in the political arena are saying that government has little or no legitimate role in our lives. We need to restore caveat emptor and all will be o.k. again. While we may have more government involvement n some areas than we'd like, we probably have too little in other areas. And if we truly had caveat emptor all over, we would soon have anarchy and civil unrest. In one area, however, this issue was brought home to me in a very different light. A former military man spoke on television recently…

  • Language is Everything ...

    Ed Poll
    14 May 2012 | 6:00 am
        And they say there is no climate warming!

  • Value Billing

    Ed Poll
    10 May 2012 | 8:32 pm
    Ed discusses how increase your value by understanding what is most important to your clients.
 
  • add this feed to my.Alltop

    the [non]billable hour by Matthew Homann

  • How Much are You Owed?

    Matt Homann
    10 May 2012 | 10:32 am
    From the site The World’s Longest Invoice: In just one week, thousands of freelancers found out that they’re not alone — and that they’re still owed over $15 million for their work. If you’ve been stiffed by a client, post your story to put a face on the staggering numbers. Wonder how many unpaid legal bills we could add up in one week? Matthew Homann delivers meaningful, practice-changing experiences to lawyers -- both as an "innovational" speaker and a creative facilitator.  His company LexThink creates unique, collaborative firm retreats, practice group meetings,…

  • Nice Words from Tyson Snow

    Matt Homann
    10 May 2012 | 10:23 am
    I just got back from Avvocating, where I spoke on using Client Service Design to guide lawyers’ social media strategy.  I also hosted a panel of practicing lawyers who shared how they’ve used social media to find new clients and serve them better. One of the panelists, Tyson Snow, wrapped up the first day of the conference on his blog and had these nice things to say about me: Matt Homann is one of the best presenters I have ever seen. That guy is nails on stage. The combination of humor, entertainment, and quality content mixed with his presentation style and skills went…

  • Move Your Butt to Serve Clients Better

    Matt Homann
    9 May 2012 | 8:20 am
    Next time you’re contemplating ways to serve your clients better, do your thinking from their side of your desk.  You’ll get a whole different perspective (physically and mentally) by literally sitting where they do. Matthew Homann delivers meaningful, practice-changing experiences to lawyers -- both as an "innovational" speaker and a creative facilitator.  His company LexThink creates unique, collaborative firm retreats, practice group meetings, workshops and events that help lawyers make bold, innovative changes to their businesses that profit both firm and client. This…
  • add this feed to my.Alltop

    Innocence Blog

  • Rape Conviction Dismissed for Bennie Starks After 20 Years in Prison

    15 May 2012 | 12:45 pm
    At a hearing Tuesday morning, Lake County prosecutors dismissed rape charges against an Illinois man who served 20 years for the 1986 crime. This is a reversal for the prosecutor's office, which had threatened to retry Bennie Starks on the charges even though multiple rounds of DNA testing definitively excluded him as the perpetrator of the rape. The Innocence Project first obtained DNA test results suggesting Starks' innocence in 2001. After hearing the news, Starks shared a hug with Innocence Project Senior Staff Attorney Vanessa Potkin, reported the Chicago Tribune. "This has been a great…

  • Kentucky Prisoners Fight for DNA Testing

    14 May 2012 | 4:40 pm
    Two Kentucky prisoners will go before the state's Supreme Court on Wednesday seeking DNA testing on evidence from a 1992 murder. Kentucky law allows post-conviction DNA testing only for death row prisoners. Kentucky Attorney General, Jack Conway, is blocking testing in the case even though it could be performed at no cost to the state. Garr Keith Hardin and Jeffrey D. Clark were convicted of murdering Rhonda Sue Warford two decades ago and say DNA evidence found on the victim-hairs and fingernail scrapings-will point to another man. The Courier-Journal quotes Innocence Project Staff Attorney…

  • A Mother's Day Message from "Mama Innocence"

    11 May 2012 | 5:45 pm
    By Sylvia BarnesMother of Steve Barnes We always spent Mothers Day together as a family when Steve was growing up, so when he went away I made sure to spend Mother's Day with him. My other children didn't need me like Steve needed me. We visited almost every Saturday, but it was very difficult because Steve was always at least 150 miles away. It just consumed the whole weekend. Visiting hours were from 9 to 3:15. After you got there, it could take about two hours to get processed. Usually we had about a three-hour visit, and we tried to tell him the news from home. I sent him articles if…
  • add this feed to my.Alltop

    Charon QC

  • Charon didn’t need a grave and is back tomorrow !

    Charon QC
    16 May 2012 | 5:56 am

  • Guest Post: The Queen’s Speech and National Security

    Charon QC
    11 May 2012 | 9:43 am
    The Queen’s Speech and National Security BY Krishnan Nair National security is of course a chief concern of any government, more so for the hosts of the Olympic Games in an Olympic year. The Queen’s speech, delivered on May 9th, set out the coalition’s legislative plans for the upcoming parliamentary session. Among the bills described in the lengthy speech was the Justice and Security Bill. The speech reintroduces to the public conscience a green paper, originally published in October, which outlines the Government’s intentions behind this bill. These are summed up in the early phases…

  • Charon interviewed… the only interview I will ever give…

    Charon QC
    8 May 2012 | 3:20 am
    I don’t usually do interviews or put myself forward in my real name or under my pseudonym.  Tim Kevan, author of Babybarista, is a good friend.  He asked me a number of questions in his new ‘Person of The Week series’.  I answered them. A bit dark…. Here it is.. after a few days on Tim’s blog….   Name: Charon QC Occupation: Law Blogger and podcaster 1. Briefly describe what your job involves. I used to have a real job for thirty odd years. I taught law, founded a law school with others and then went into the online world for law courses,…
 
  • add this feed to my.Alltop

    Peter Black's Freedom to Differ

  • Daily Twitter Links

    pete.black@gmail.com (Peter Black)
    15 May 2012 | 8:56 am
    These are some of the things I've been tweeting about today: "'Gay President,' Breast-Feeding Mom: Suddenly We're Talking About Magazines" pjblack.me/JQ60nW "9 Controversial Magazine Covers That Got America's Attention" pjblack.me/IUnpJx "Baby Names: The Latest Partisan Divide?" pjblack.me/IUoGA8 "Do We Need A Pollies' Code Of Conduct?" asks @beneltham pjblack.me/IUiDf0 #auspol some thoughts from @jason_a_w: "The Global Mail: an inside job" pjblack.me/JQ3yOb for the thirteenth year in a row, jacob is the most popular boys name: "Top baby names for 2011 are ..." pjblack.me/JQ1ghX…

  • My weekly chat with Andrew Bartlett

    pete.black@gmail.com (Peter Black)
    15 May 2012 | 8:34 am
    Every Monday morning I appear on Andrew Bartlett's 4ZzZ breakfast radio show to discuss some of the current public and political issues of the week.  This week we discussed federal politics, gay marriage, online music streaming services and A Hoax. Weekly Wrap 14 May 2012

  • Daily Twitter Links

    pete.black@gmail.com (Peter Black)
    14 May 2012 | 8:20 am
    These are some of the things I've been tweeting about today: "Freddie Mercury Returns -- as an Optical Illusion With Queen" pjblack.me/JL6QCf /cc @ryyder from @newsweek: "Andrew Sullivan on Barack Obama: The First Gay President" pjblack.me/K9z2KI #marriageequality "Apple readies revamped 15-inch MacBook Pro: Retina Display, ultra-thin design, and super-fast USB 3"pjblack.me/K9yYur "Vote for the Queen's Birthday Ball Awards 2012" pjblack.me/KWaxlm "'All clear' for UQ after nepotism scandal" pjblack.me/KEXVll #highered "Higher ed underfunded, says…
  • add this feed to my.Alltop

    taxgirl

  • Treasury Department Email A Hoax

    Kelly
    24 Apr 2012 | 7:44 am
    You have to give spammers and schemers credit for trying. They just won’t give up! This morning, my inbox was chock full of versions of the following email, which has been making the rounds since 2010: U.S. DEPARTMENT OF THE TREASURY OFFICE OF THE SECRETARY, 1500 PENNSYLVANIA AVENUE, NW WASHINGTON, DC 20220 Tel: +1-(202) 622-2000 Fax: +1-(202) 622-6415 Monday, April; 23, 2012 READ INSTRUCTION This email is to notify you about the release of your outstanding payment worth USD15, 500,000.00 only. The U.S. Department of the Treasury in collaboration with the HM Treasury has scheduled a…

  • Mammoth Bill Makes IRS Play Border Control

    Kelly
    23 Apr 2012 | 7:35 am
    And here I thought, in an election year, that nothing would get done. In the blink of an eye, the Senate has managed to pass a bill that does practically everything. The bill, which has the descriptive title, “Moving Ahead for Progress in the 21st Century Act” or “MAP-21″ is called, in shorthand, the “Highway Bill.” It’s about 1,865 pages long. The official summary alone is 2,650 words: by the time it was engrossed in the Senate, the bill was 317,182 words long – or about four times longer than the first Harry Potter book. Of course, it’s…

  • IRS Targets Unscrupulous Preparers, Bogus Refunds

    Kelly
    22 Apr 2012 | 11:40 am
    Claiming bogus tax refunds can be easy. After all, nobody’s looking, right? Wrong. The IRS is cracking down on tax evasion by targeting unscrupulous tax preparers. And they might be headed for your town – they’re already making waves in mine. Last week, the United States asked federal court to bar three [entity display="Philadelphia" type="place" active="true" key="pa/philadelphia"]Philadelphia[/entity]-area tax preparers from preparing federal tax returns for others. Those preparers are Deron Joe, Edmund Dassin and James Tokpawhiea, who prepared tax returns from their…
  • add this feed to my.Alltop

    Legal Blog Watch

  • Things You Can't Do on a Plane: Vol. 18

    Bruce Carton
    15 May 2012 | 3:20 pm
    You might think that after Volume 1, Volume 2, Volume 3, Volume 4, Volume 5, Volume 6, Volume 7, Volume 8, Volume 9, Volume 10, Volume 11, Volume 12, Volume 13, Volume 14, Volume 15, Volume 16 and Volume 17 of Things You Can't Do on a Plane, that we'd have exhausted the list of things you can't do on a plane. Nope! The list grows daily. Here are three more things I've recently learned that you cannot do on a plane: Attempt to smuggle 49 live reptiles in your luggage on an international flight. Passengers may not pack 31 spiny-tailed lizards and 18 geckos into their suitcase. This is true even…

  • Life is an Open-Book Test ... Unless You are a Juror

    Bruce Carton
    14 May 2012 | 3:21 pm
    I've heard it said that "Life is an open-book test," and I believe that this has become even more true as the Internet, Google, smartphones and other fundamental features of the digital age have become ubiquitous. In the year 2012, when you want to understand something, or define something, or test something, or check someone's background, you typically have instant access to the tools you'd need to do so. If you are truly interested, you will take the 10 seconds needed to get an answer or to learn how you can get an answer... unless you are serving on a jury. If you are serving on…

  • Monday's Three Burning Legal Questions

    Bruce Carton
    14 May 2012 | 2:29 pm
    Here are today's three burning legal questions, along with the answers provided by the blogosphere. 1) Question: I'm just minding my own business, walking down the street and doing some texting in my home town of Fort Lee, N.J. Why are the police eyeing me so much? Answer: Because you are committing the offense of TWW. The scourge that is "Texting While Walking" will now carry with it an $85 fine in the town of Fort Lee. (CBS News, Texting while walking banned in N.J. town) 2) Question: I'm enjoying a strawberry Fruit Roll-Up. They are made with real fruit -- Did you know that? It…
 
  • add this feed to my.Alltop

    The Legal Satyricon

  • More Book Banning.

    Beth Hutchens
    11 May 2012 | 5:58 pm
    Fifty Shades of Grey, currently number one on the New York Times Best Seller list, is a charming story about a college graduate, her billionaire boyfriend, and their sex life. It’s labeled as erotic fiction, but it sounds more like porn for housewives. It was apparently developed from a work of Twilight fan fiction under [...]

  • Florida’s “Stand Your Ground” Does Not Mean What You Think It Does

    blevinsj
    8 May 2012 | 9:59 am
    NOTE: Nothing in this post is meant to be legal advice. If anyone acts on what they perceive to be advice, does so at their own peril. Also, as you will see, one does not want to find themselves having to utilize this defense. Lastly, the law cited is Florida Law. This post is NOT about [...]

  • You know… instead of the G…

    jfischer1975
    7 May 2012 | 3:16 pm
    Filed under: adult entertainment trademarks, awesomeness, humor
  • add this feed to my.Alltop

    Chicago IP Litigation

  • Pro Se Defendant Granted Leeway re: Local Rule 56.1

    R. David Donoghue
    16 May 2012 | 5:24 am
    Turina v. Crawley, No. 10 C 4292, Slip Op. (N.D. Ill. Feb. 16, 2012) (Darrah, J.). Judge Darrah granted pro se defendant summary judgment as to plaintiff’s copyright claims and dismissed plaintiff’s remaining state law claims for lack of jurisdiction.  As an initial matter, the Court treated those portions of defendant’s response that disputed facts in plaintiff’s Local Rule 56.1 statement of facts as a Local Rule 56.1 response, but treated other, uncontested facts as admitted.  Plaintiff failed to offer any proof of her copyright registration or her application for registration. …

  • Dismissal Without Prejudice Will Allow Both Parties to Reassert Unexhausted Claims

    R. David Donoghue
    15 May 2012 | 4:58 am
    ImageCube LLC v. MTS Sys. Corp., No. 04 C 7587, Slip Op. (N.D. Ill. Apr. 4, 2012) (Dow, J.).  Judge Dow granted plaintiff ImageCube’s Fed. R. Civ. P. 41(a)(2) motion to dismiss all claims without prejudice in this nearly eight year-old patent litigation involving alloyed and non-alloyed powders.  The Court previously granted summary judgment of non-infringement regarding the alloyed powders and certified its decision for immediate appeal.  After the Federal Circuit affirmed the decision, the parties attempted to settle the case and came close, but were not quite able to resolve their…

  • Authorship Claims Are Not False Designation of Origin

    R. David Donoghue
    14 May 2012 | 4:38 am
    M. Arthur Gensler, Jr. & Associates, Inc. v. Strabala, No. 11 C 3945, Slip Op. (N.D. Ill. Feb. 21, 2012) (Guzman, J.). Judge Guzman granted defendant’s Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff’s Lanham Act false designation of origin and false advertising claims, as well as plaintiff’s Illinois Deceptive Trade Practices Act claims.  Plaintiff alleged that defendant falsely claimed on his website that he designed numerous prominent buildings, including the Shanghai Tower and the Houston Ballet Center.  Citing Datastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S.
  • add this feed to my.Alltop

    Ohio Employer's Law Blog

  • Reasonable accommodations and commute times

    Jon Hyman
    15 May 2012 | 6:44 am
    How far do you have to go to accommodate an employee’s disability? In Regan v. Faurecia Automotive Seating (5/10/12), the 6th Circuit provides some boundaries, and teaches us a lesson about accommodation best practices. Alisha Regan—an assembly line worker at Faurecia—suffers from narcolepsy, a sleep disorder that causes excessive sleepiness and frequent daytime sleep attacks. When her supervisor pushed back by an hour the start and end times of her shift, Regan advised that her narcolepsy would make it difficult for her to get to work, as it would push her commute into rush hour,…

  • I don’t like this opinion; Facebook “like” as free speech?

    Jon Hyman
    14 May 2012 | 7:20 am
    One of the biggest misnomers that people have about their rights in the workplace relates to free speech and the 1st Amendment. I could comfortably retire if I had a dollar for every time in my career that I have heard, “But I have a right to free speech; I can say what I want and not get fired.” The reality is that private-sector employees have no right to free speech. The 1st Amendment only protects public employees. The issue of free speech arose in a novel context in Bland v. Roberts (E.D. Va. 4/24/12). B.J. Roberts, the sheriff of Hampton, Virginia, was running for reelection. He…

  • WIRTW #225 (the “drive thru” edition)

    Jon Hyman
    11 May 2012 | 7:03 am
    Did you catch my appearance on DriveThruHR yesterday? You mean you weren’t glued to your computer at 1 pm, hanging on my every word about HR, employment law, social media, background checks, the EEOC, and the NLRB? I’ll put aside my offense, and offer you a second chance to hear my musings. Listen to internet radio with Wempen and Tincup on Blog Talk Radio Thanks to William Tincup and Bryan Wempen for having me on. Let’s do it again soon. Here’s the rest of what I read this week: Discrimination Conn. Supreme Court Rejects $10M Verdict; Insubordination is Not Protected Speech — from…
 
  • add this feed to my.Alltop

    Negotiation Law Blog

  • Succeeding at BigLaw for Young Women Lawyers

    Victoria Pynchon
    15 May 2012 | 11:02 pm
    No, I’m not going to suggest that you blog. In 2006, I started blogging on negotiation for lawyers with the LexBlog Network which has grown and prospered during the six years I’ve had my lawyer-blog home there. Yesterday, the son of LexBlog founder Kevin O’Keefe, Colin O’Keefe, conducted an interview on my view of the state of women in the law. If someone had given me this advice when I graduated from law school in 1980, I have to admit that I probably wouldn’t have followed it. But that’s because I was always ambivalent about my legal practice. It was…

  • What Women's Initiatives Need

    Victoria Pynchon
    15 May 2012 | 10:53 pm
    It’s not at all surprising that most women’s initiatives at most AmLaw200 law firms have been dismal failures. They failed because they lack buy-in; are often unfunded; and, no one takes them seriously. The best use I’ve seen made of an unfunded women’s initiative in an AmLaw100 firm was the way the women used it. Instead of cross-referring business among specialty groups to the primarily male practice leaders, the firm’s women cross-referred to the women in the initiative. That subverts the established order of things which tends to favor men. People with power…

  • Introducing: the First Annual National Girlfriends' Networking Day!

    Victoria Pynchon
    8 May 2012 | 11:01 pm
    I’m hosting an anti-cat-fight, support your sisters, sponsorship and mentorship campaign this week so I was pleased to see an announcement for the first annual (so optimistic!) National Girlfriends’ Networking Day. Here’s what I’ve learned in 30+ years in the legal market, 25 of them in litigation firms of all sizes and reputations and eight of them facilitating the resolution of litigated disputes. The women in your firm may mentor you (teach you the ropes) but not sponsor you (put their skin in your game). Or the women in your firm may do nothing for you. Or, worse,…
  • add this feed to my.Alltop

    idealawg

  • Does acting help you project power?

    StephanieWestAllen
    13 May 2012 | 3:22 pm
    For some clues to answering that question, read these installments about an acting class taught at Stanford Graduate School of Business. Topics range from storytelling to playing high and low. From "Acting Class Helps Students Project Power" (Stanford Alumni Magazine): MBA students who thought an acting class would teach them how to charm their way through tense business situations were set straight the first day of a spring quarter elective at the Graduate School of Business. “Acting with power isn’t pretending or putting on a performance but bringing truth to a role,” said…

  • "Episodic future thinking"

    StephanieWestAllen
    13 May 2012 | 2:12 pm
    Excerpt: Thinking about the future is an integral component of human cognition – one that has been claimed to distinguish us from other species. Building on the construct of episodic memory, we introduce the concept of ‘episodic future thinking’: a projection of the self into the future to pre-experience an event. We argue that episodic future thinking has explanatory value when considering recent work in many areas of psychology: cognitive, social and personality, developmental, clinical and neuropsychology. Episodic future thinking can serve as a unifying concept, connecting aspects…

  • Some problems with peace efforts and the people who generate them

    StephanieWestAllen
    11 May 2012 | 11:22 am
    Cross-cultural communication and cross-cultural conflict resolution are skills that take time, wisdom, and experience to develop. Yet, in this teach-it-to-me-quick world where black-and-white views are attractive, many simplistic approaches abound. Perhaps this article explains a piece of why many efforts by conflict "facilitators" to promote peace are useless, if not downright arrogant and thus destructive. From "It's time to bury Peace Studies" (spiked): [One] troubling aspect of [Johan] Galtung’s approach is his belief that outsiders always have a better…
  • add this feed to my.Alltop

    Tammy Lenski Conflict Resolution

  • The agile conflict resolver: Going beyond the toolbox

    Tammy Lenski
    8 May 2012 | 11:31 am
    MissyI attended a day-long canine agility seminar recently with one of my dogs. I’ve been running agility with my dogs for a couple of years and occasionally compete in trials. As I prepared to run a course the instructor had set up, I stood on the start line with my dog and mentally checked off the things I wanted to attend to as we ran: Draw the line. Remember to push out hard at that corner so she takes the outside obstacle. Keep the talking to a minimum. And for goodness sake, Tammy, try to remember to rock backward slightly if you see her heading for the dogwalk instead of the…

  • Getting interpersonal conflict unstuck at ACR

    Tammy Lenski
    2 May 2012 | 4:00 am
    Are you attending the Association for Conflict Resolution’s national convention in September? If you are, I hope you’ll consider attending a pre-conference workshop I’ve been invited to teach and help spread the word about it. I’ll be unveiling, for the first time in depth, a simplified conflict resolution process I’ve developed over the last decade and have been using successfully with mediation, coaching, and consulting clients for several years. Participants will learn the basics of the process and how to use it with their own conflict resolution clients. Here…

  • Putting out fires

    Tammy Lenski
    27 Apr 2012 | 8:39 am
    I was asked recently how long I’ve been “putting out fires.” For quite a while, it turns out. When I was little I became an official Junior Forest Ranger, one of hundreds of thousands of children recruited by Smokey the Bear. (I know, I know, his correct name is Smokey Bear but I grew up when it was popular to add “the” and taking it back out of his name just makes it sound wrong to me.) My little Golden children’s book had a drawing of tiny Smokey clinging to a charred tree, his feet burned, his mother missing and never to be found. My heart was heavy with…
 
  • add this feed to my.Alltop

    CaseDetails.com

  • PPC in 30 Days, Day 24: Writing Headlines

    BarryB
    15 May 2012 | 3:55 pm
    The headline is arguably the most crucial part of a PPC (pay-per-click) campaign as consumers must be interested in the words of the headline in order to even consider clicking an Internet link. There are certainly situations in which consumers respond to visual elements, such as pictures and graphics, but compelling words and phrases are still vitally important to the human mind. Therefore, each word should be carefully scrutinized so that the message is clear and effective. [...]

  • Top Four Tips on Making the Most of Facebook’s Timeline for Your Law Firm

    MaggieM
    14 May 2012 | 1:57 pm
    Facebook transitioned all business pages over to Timeline at the end of March, but have you taken full advantage of Timeline’s features yet? [...]

  • PPC in 30 Days, Day 23: Designing Landing Pages

    BarryB
    11 May 2012 | 10:29 am
    In a PPC (pay-per-click) campaign, the landing page is the next step in the process after an Internet user clicks on an ad. The ad must inspire the potential customer to take an interest in the link, but once people decide to click that link, they need somewhere to go. The landing page must be appealing enough for the user to seek additional information and hopefully pursue products and services. [...]
  • add this feed to my.Alltop

    Privacy Law Blog

  • The Right To Be Forgotten

    Peta-Anne Barrow
    15 May 2012 | 11:31 am
    On 25 January 2012, the European Commission published a proposed new data protection framework for the E.U. The new framework, unlike the current one, is to provide a consistent and harmonised set of rules for all 27 E.U. member states. One of the main objectives of the new framework is to better ensure that individuals know what is happening to their personal data. To this end, the European Commission is proposing to introduce the ‘right to be forgotten’.At present, the E.U. Directive 95/46/EC gives individuals rights to access personal data from third parties that hold and…

  • GPS in the Workplace

    David Munkittrick
    30 Apr 2012 | 6:47 pm
    Earlier this year in United States v. Jones, the United State Supreme Court addressed the privacy implications of Global Positioning Systems (“GPS”), holding that placing a GPS tracking device on a suspect’s car was a “search” under the Fourth Amendment. Though a growing number of employers are using GPS systems to track employee activity on the job, the effect of the Supreme Court’s decision in the private sector remains unclear.Jones highlights two distinct privacy concerns potentially created by GPS devices. First, Justice Scalia, in the…

  • First Data Breach Settlement Under HITECH--$1.5 million

    Robyn Sterling
    27 Apr 2012 | 5:25 pm
    HHS reached a settlement on March 12, 2012 with Blue Cross Blue Shield of Tennessee (“BCBST”) for $1.5 million stemming from a 2009 data breach. This settlement represents the first under the HITECH Act. Pursuant to its obligations under the HITECH Act, BCBST notified the United States Department of Health and Human Services Office for Civil Rights (“OCR”) that 57 unencrypted hard drives had been stolen from a locked closet in a facility that BCBST was not occupying at the time. (BCBST was in the process of moving to a new facility.) The locked data…
  • add this feed to my.Alltop

    Lawyers, Guns & Money

  • Today in Right-Wing Identity Politics

    Scott Lemieux
    16 May 2012 | 2:11 am
    Ah, Virginia Republicans, the party that decided after George Allen proved his racism beyond all doubt that they’d like him to run again. Now, they refuse to confirm judges based on their sexual orientation: Shortly after 1 o’clock this morning, the Virginia House of Delegates proved that it can indeed be as mean-spirited and parochial as its detractors at Comedy Central have come to expect. By a slim margin, the House voted to kill the judicial nomination of an openly gay Richmond prosecutor who had bipartisan support going into the vote. A last-minute lobbying effort by the very…

  • To Reiterate

    Scott Lemieux
    15 May 2012 | 8:42 pm
    I remain baffled by the number of people who are convinced that the superficially moderate Romney who was governor of Massachuetts is the “real” one who’s just pretending to be a wingnut to get the Republican nomination. If you look at the less visible parts of his record in context, I think it’s much more likely that he’s substantially more intrinsically conservative on social issues than any Republican nominee in decades. It doesn’t matter since he’ll govern as a wingnut no matter what he “really” believes, but I suspect he’s more…

  • Ideas With No Non-Pundit Constituency Fail to Find Supporters

    Scott Lemieux
    15 May 2012 | 4:25 pm
    Nobody could have predicted! And the center not only did not hold, it couldn’t seem to get any attention whatsoever. Americans Elect, a lavishly funded “centrist” group that was supposed to provide an alternative to traditional political parties, has been a ridiculous flop. Basically, about seven people were actually excited about the venture — all of them political pundits. Actual voters couldn’t care less. So why Americans Elect? Because there exists in America a small class of professional centrists, whose stock in trade is denouncing the extremists in both parties and calling…
 
  • add this feed to my.Alltop

    Avvo Blog

  • Thank you to our Avvocating 2012 Sponsors!

    Megan Olendorf
    2 May 2012 | 3:52 pm
    Tomorrow we kick off our third annual legal marketing conference – Avvocating 2012: Legal Marketing in the Era of Social Media! Lawyers and legal marketers from 23 different states and Canada will gather at the Bell Harbor Conference Center in downtown Seattle to learn the latest in online marketing, social media, business development and reputation management. If you’d like to join us, please do! There are still a few tickets left! We’re also thrilled to have a great group of sponsors joining us at Avvocating. Special thanks to the following:  

  • New Q&A Features Help Consumers Find the Best Advice

    Julie Smith, Director of Product Management
    24 Apr 2012 | 6:46 pm
    Consumers come to Avvo seeking expert advice and guidance from the professionals in our community, and one of our top priorities here at Avvo is to make sure those people receive meaningful legal and medical answers to their questions in our Q&A forum. One the legal side, because some laws vary from state to state, we’ve found that consumers often receive the most value from an answer written by a lawyer licensed in their state. We have also heard from a number of attorneys on Avvo that they care greatly about the accuracy of answers to questions regarding state-specific legal…

  • LexBlog to Provide Media Coverage of Avvocating 2012 Conference

    Megan Olendorf
    23 Apr 2012 | 11:07 pm
    We’re excited to announce that LexBlog will provide extensive coverage of Avvocating 2012! Led by Colin O’Keefe and his editorial team, LexBlog will provide preview discussions with some of the speakers leading up to the two-day conference, and then highlights and video interviews from the different sessions and legal marketing sponsors on the exhibitor floor. Have you purchased your ticket to Avvocating yet? There’s still time to join us May 3rd-4th in Seattle! Hear Mark Britton, Avvo CEO, explain why lawyers should attend this year: Откъде…
  • add this feed to my.Alltop

    Lawyers.com Blog

  • Proving Driver Negligence in San Diego Bicycle Accidents

    16 May 2012 | 1:09 am
    One of the most common causes of San Diego bicycle accidents is driver negligence. Negligence is defined as “failure to exercise reasonable care.” Sadly, many cyclists suffer as a result of a driver’s inability to exercise reasonable care when operating a car. Some examples of driver negligence, include: Driving while talking or texting on a cell phoneDriving while under the influence of alcohol or drugsFailure to obey traffic signs or signalsFailure to check mirrors when backing up or making a turnDriving while tiredDriving above the speed limitFailure to yield the right of…

  • Avoid Fraud, Prosecution by Telling the Truth in Bankruptcy

    15 May 2012 | 11:53 pm
    Tell the Truth About Assets, Income, Savings in BankruptcyYou'll sign final bankruptcy papers stating that information that you provided is complete, thorough, accurate, not misleading. Failing to disclose assets is against the law. Your bankruptcy case could be dismissed, but perjury will not. If the court thinks that you intentionally left information out or made false statements you're guilty of perjury.Include all your debts -- because all your creditors are included in the court case. A creditor may be contacted and should you leave a creditor you "like" off, your bankruptcy…
  • add this feed to my.Alltop

    Connecticut Employment Law Blog

  • Appellate Court Releases Trio of Important Employment Law Cases

    Daniel Schwartz
    15 May 2012 | 6:27 am
    The Connecticut Appellate Court released three significant employment law decisions on Monday — one of the busiest days in recent memory for the court. For employers, the cases are a mixed bag but do provide some useful practice pointers. City Sheriff Was Not an “Employee” Entitled to Statutory Protection  In Young v. Bridgeport, the Court ruled that a plaintiff could not proceed with his whistle-blower retaliation claims because he was an independent contractor, and not an employee. Because only “employees” can bring a cause of action under Conn. Gen. Stat.

  • EEOC Statistics Show Drop in Claims Filed in Connecticut

    Daniel Schwartz
    14 May 2012 | 7:11 pm
    With statistics from the CHRO lacking, it’s hard to get a judge on whether claims of discrimination in Connecticut are rising or falling. The EEOC released new statistics this week, however that shed a little bit of light on the subject, albeit with a fairly small sample size. For FY 2011, the EEOC reported that 262 charges of discrimination were filed directly with the EEOC in Connecticut.  That is down from a high of 295 the year before.   Nationally, the number of claims filed hit a high of 99, 947 for the same period, up very slightly from the prior year.   Not surprisingly,…

  • Legislative Update: Minimum Wage Hike, Personnel Files Act and Unemployment Discrimination Bills Fail

    Daniel Schwartz
    10 May 2012 | 6:38 am
    The General Assembly finished its business for 2012 last night and although there was a last minute flurry of legislation, several bills that had been tracked by many employers came up short. Senate Bill 79, which passed the Senate, would have made it illegal for employers to refuse to hire someone based on being unemployed.  The bill did not come up for a vote in the House. House Bill 5235, which would have made significant changes to the Personnel Files Act, never made it out for a vote. House Bill 5291, which would have increased the minimum wage in the state, also failed to receive a…
 
  • add this feed to my.Alltop

    CaseDetails.com

  • PPC in 30 Days, Day 24: Writing Headlines

    BarryB
    15 May 2012 | 3:55 pm
    The headline is arguably the most crucial part of a PPC (pay-per-click) campaign as consumers must be interested in the words of the headline in order to even consider clicking an Internet link. There are certainly situations in which consumers respond to visual elements, such as pictures and graphics, but compelling words and phrases are still vitally important to the human mind. Therefore, each word should be carefully scrutinized so that the message is clear and effective. [...]

  • Top Four Tips on Making the Most of Facebook’s Timeline for Your Law Firm

    MaggieM
    14 May 2012 | 1:57 pm
    Facebook transitioned all business pages over to Timeline at the end of March, but have you taken full advantage of Timeline’s features yet? [...]

  • PPC in 30 Days, Day 23: Designing Landing Pages

    BarryB
    11 May 2012 | 10:29 am
    In a PPC (pay-per-click) campaign, the landing page is the next step in the process after an Internet user clicks on an ad. The ad must inspire the potential customer to take an interest in the link, but once people decide to click that link, they need somewhere to go. The landing page must be appealing enough for the user to seek additional information and hopefully pursue products and services. [...]
  • add this feed to my.Alltop

    JD Supra Hot Docs - Newsworthy Legal Filings From the Source

  • Kostick v. Nago: Reply Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction

    Robert Thomas
    11 May 2012 | 12:28 am
    Case Name: Kostick v. Nago Document Name: Reply Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction Post Date: 05/10/2012 Filing Date: 05/08/2012 Document Summary: This is the final brief (the Plaintiffs' reply to the Chief Election Officer and Reapportionment Commission's Memorandum in Opposition to the Plaintiffs' Motion for Preliminary Injunction) in the federal court lawsuit challenging Hawaii's use of "permanent resident" as its reapportionment population basis. Kostick v. Nago, No. 12-00184 (complaint filed Apr. 6, 2012). The U.S.

  • Kostick v. Nago: First Amended Complaint for Declaratory and Injunctive Relief

    Robert Thomas
    11 May 2012 | 12:22 am
    Case Name: Kostick v. Nago Document Name: First Amended Complaint for Declaratory and Injunctive Relief Post Date: 05/10/2012 Filing Date: 04/27/2012 Document Summary: This is the First Amended Complaint in the federal court challenge to Hawaii's state reapportionment plan. This lawsuit seeks declaratory and injunctive relief, and challenges under the Equal Protection Clause the State of Hawaii's practice of excluding military personnel, their families, and university students who pay nonresident tuition from the population count when reapportioning the state legislature.The U.S.

  • Sears Tooth Agreement: Sears Tooth Agreement

    Paul Summerbell
    10 May 2012 | 10:05 am
    Case Name: Sears Tooth Agreement Document Name: Sears Tooth Agreement Post Date: 05/10/2012 Filing Date: 05/10/2012 Document Summary: Sears Tooth Agreement in respect of costs in family proceedings Contributor: Paul Summerbell [Full Profile | Docs Posted]
  • add this feed to my.Alltop

    Special Education Law Blog

  • Feds Issue Principles on Seclusion and Restraint

    Jim Gerl
    15 May 2012 | 4:51 pm
    Seal of the United States Department of Education (Photo credit: Wikipedia) Today, the United States Department of Eucation  issued 15 principles concerning seclusion and restraint. The document amount to suggestions to states and school districts in formulating their own policies on seclusion and restraint. NOTE: these principles are not a law or regulation, or even policy guidance, they are instead merely suggestions.  But I am already wondering what impact these principles may have in practice.  Parent advocates and lawyers may cite them as authority when they are not…

  • Happy Birthday to Us; Tech Update

    Jim Gerl
    9 May 2012 | 10:13 am
    Today is the fifth anniversary of this blog.  It is hard to believe that we have been around for that long.  Thank you to all of our loyal and enthusiastic readers. This blog is responsible for dragging me kicking and screaming into the world of modern technology.  In the words of the troubled public defender in the classic movie "My Cousin Vinny," I'm getting better." One of the ways that we have tried to share information about special education law is through the new social media avenues. Many people read our posts on Facebook.  Others get our headline tweets on…

  • OSEP Wants You! Results Driven Accountability

    Jim Gerl
    7 May 2012 | 2:41 pm
    Uncle Sam recruiting poster. (Photo credit: Wikipedia) You may recall that in a recent post, I mentioned the press release by the federal Office of Special Education Programs stating that they were suspending their verification visits and contemplating a system driven more by results than compliance.  Here is the old post. On the OSERS website you can find the press release and a Questions & Answers document as well as a summary of the new acronym RDA (results driven approach.) Also the OSEP director, Melody Musgrove, has announced a new email address where you can submit your…
 
  • add this feed to my.Alltop

    Drug Injury Watch

  • 1,165 Fosamax - Femur Fracture Lawsuits Pending As Of December 2011 According To Merck Report

    Tom Lamb
    9 May 2012 | 2:51 pm
    825 Lawsuits Are Part Of New Jersey State Court Mass Tort Consolidation; Majority Of Other Cases Are Filed In "Second" Fosamax Federal Court MDL (Posted by Tom Lamb at DrugInjuryWatch.com The following information about the number of Fosamax - femur fracture lawsuits that had been filed before January 2012 comes from pages 117-118 of the Merck & Co., Inc. Form 10-K Annual Report For the Fiscal Year Ended December 31, 2011, which was filed with the Securities and Exchange Commission on February 28, 2012: As previously disclosed, Merck is a defendant in product liability lawsuits in…

  • The Victoza - Pancreatitis Issue: Some Related Developments From April 2011 To April 2012

    Tom Lamb
    4 May 2012 | 4:02 pm
    A Drug Safety Controversy Continues: Whether It Is The Diabetes Drug Or The Diabetes Which Causes Pancreas Disease (Posted by Tom Lamb at DrugInjuryWatch.com As regards the possible association between Victoza and pancreatitis as a side effect of this diabetes drug from Novo Nordisk, there have quite a few assorted developments during the period April 2011 to April 2012. In order to get those all out in front of us, and so as to see how this drug safety issue emerged and where it may be headed going forward, we offer the following time-line of sorts.  April 2010 "Acute Pancreatitis…

  • Bayer Settlements For YAZ / Yasmin Lawsuits Involving Blood Clot Side Effects Like Deep Vein Thrombosis And Pulmonary Embolism

    Tom Lamb
    30 Apr 2012 | 3:49 pm
    While Mediations And Negotiations Continue, The First Scheduled YAZ / Yasmin Trials In Federal And State Courts Are Postponed Indefinitely (Posted by Tom Lamb at DrugInjuryWatch.com In late April 2012 Bayer announced that it has settled lawsuits involving YAZ and Yasmin side effects related to blood clots, namely deep vein thrombosis (DVT) and pulmonary embolism (PE) cases. From an April 26, 2012 Bloomberg news report, "Bayer Yasmin Lawsuit Settlements Climb to $142 Million": Bayer, based in Leverkusen, Germany, has resolved 651 cases alleging its Yasmin and Yaz contraceptives caused…
  • add this feed to my.Alltop

    Bankruptcy Blog

  • At Arms Length During a Chapter 13

    Chic
    15 May 2012 | 8:55 am
    Transaction at a Farmers' Market in 2009. (Photo credit: Wikipedia) Throughout the history of bankruptcy in the United States, every angle of making payments in a Chapter 13 has carefully been considered. After all, if you file bankruptcy, no one wants to pay more back to their unsecured creditors than they have to by law, unless of course, you are like my sister. My sister went through a Chapter 13 and eventually paid back all of her creditors even after some of the debt was discharged. Amiable, but not necessary for everyone. In fact, some people try to beat the system and pay less than…

  • Can You File a Chapter 7 Now if You filed Before the 2005 Law?

    Chic
    14 May 2012 | 8:24 am
    20090113 bankruptcy-01 (Photo credit: Wikipedia) There seems to be some confusion about when you can file a Chapter 7 once you have already filed, especially after the passing of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Can you file a Chapter 7 bankruptcy now if you filed before the 2005 law? A blogger recently posting on a bankruptcy forum website posed this question while giving his personal bankruptcy story. The blogger wrote, “I was wondering. I Filed Chapter 7 on 07/18/2005 and, it was discharged on 11/15/2005. I was in a car crash and now owe more then…

  • Identity Theft When Things are already Tough

    Chic
    11 May 2012 | 11:19 am
    Computer security old school (Photo credit: sridgway) Identity theft is one of the largest growing industries in the world. This good piece of news comes at a time when the world is already in a tough financial situation, but it is tough financial times like these that seem to spawn the growth for the more desperate measures like identity theft. Anyone that can effectively hack into computers, can hack into computers located anywhere in the world. These freelance hackers have a chance to make a bundle of money off of identity theft. All they need to start working is computer skills, the…
  • add this feed to my.Alltop

    Asbestos HUB

  • The threshold length for fibre-induced acute pleural inflammation: shedding light on the early events in asbestos-induced mesothelioma

    Tom Lamb
    14 May 2012 | 12:43 pm
    Quoted from http://toxsci.oxfordjournals.org/content/early/2012/05/12/toxsci.kfs171.abstract?maxtoshow=&HITS=10&hits=2&RESULTFORMAT=&andorexacttitle=or&andorexacttitleabs=and&fulltext=asbestos&andorexactfulltext=and&searchid=1&usestrictdates=yes&resourcetype=HWCIT&ct The threshold length for fibre-induced acute pleural inflammation: shedding light on the early events in asbestos-induced mesothelioma Received February 10, 2012. Abstract Suspicion has been raised that high aspect ratio nanoparticles or nanofibres might possess asbestos-like…

  • Post Mortem Findings of Malignant Pleural Mesothelioma: A Two-Centre Study of 318 patients

    Tom Lamb
    10 May 2012 | 12:17 pm
    Quoted from http://chestjournal.chestpubs.org/content/early/2012/05/08/chest.11-3204.abstract Post Mortem Findings of Malignant Pleural Mesothelioma: A Two-Centre Study of 318 patients Abstract Background: Malignant pleural mesothelioma (MPM) is an incurable cancer with a rising incidence. MPM is often perceived as a locally invasive cancer and the exact cause of death is poorly understood. Aim: This two-centre study describes the anatomical features of patients with MPM at post-mortem. Methods: The Mesothelioma Registry of Western Australia (WA) and the Avon region (UK) Coroner’s…

  • Malignant mesothelioma incidence among talc miners and millers in New York State.

    Tom Lamb
    7 May 2012 | 7:34 am
    Quoted from http://highwire.stanford.edu/cgi/medline/pmid;22544543: HighWire Medline Abstract Malignant mesothelioma incidence among talc miners and millers in New York State. MM Finkelstein Am J Ind Med, April 27, 2012; .   Department of Family and Community Medicine, University of Toronto, Toronto, Ontario, Canada; Program in Occupational Health and Environmental Medicine, McMaster University, Hamilton, Ontario, Canada. murray.finkelstein@utoronto.ca.             BACKGROUND: There is controversy about the potential for dust from the talc mines and mills of…
 
  • add this feed to my.Alltop

    Dallas Criminal Defense Lawyer Blog

  • Dallas Court of Appeals Affirms Kaufman County Drug Conviction

    18 Apr 2012 | 11:21 am
    I often have a hard time quickly explaining to my non-lawyer friends exactly how the appeals system is rigged against criminal defendants. Fortunately today's case, Barnes vs. State, crystallizes how the constitutional rights of defendants are effectively waived through nonsense technicalities. What happened? Barnes filed a motion to suppress claiming the police investigation was unconstitutional. Specifically, Barnes sought to exclude statements made during the investigation. This motion was denied (as are most motions to suppress). There was a trial on the case, and the State offered a…

  • Dallas Court of Appeals Overturns Prohibited Weapon Conviction

    30 Mar 2012 | 6:07 am
    Today's case of the day is Michael Scott Page vs. The State of Texas. What happened? Michael was out on bond (agg assault). While on bond Michael told his neighbor he we was going to blow up the courthouse. Michael's neighbor called the police and relayed the details of this conversation. Michael's bond was then declared insufficient (a topic for another post) and an arrest warrant was issued. The police arrive go to Mr. Page's house and arrest Michael in the front yard. Michael is carted off to jail and the cops then decide to search the house for weapons. An officer testifies that search is…

  • Dallas Appeals Court Reverses Retaliation Conviction

    27 Mar 2012 | 8:42 pm
    Today's Dallas Court of Appeals case of the day is- Lowell Merritt vs. The State of Texas! What happened? From the opinion. The events leading up to appellant's indictment on a felony retaliation charge began in July 2007 when appellant's neighbor reported that appellant "cussed" his wife. After reviewing the report, a Collin County sheriff's deputy filed a disorderly conduct complaint against appellant in the Precinct 2 Justice of the Peace Court of Terry Douglas. While his case was pending in the county court, appellant filed separate pro se lawsuits against his neighbor, the deputy sheriff…
  • add this feed to my.Alltop

    Real Lawyers Have Blogs

  • Legal Productivity Webinar Thursday : I’m speaking on how to develop business through the Internet

    Kevin O'Keefe
    16 May 2012 | 12:56 am
    The Legal Productivity Free Webinar Series continues this Thursday. I’ll be speaking on How to Develop Business Through the Internet. Attorneys have always gotten their best work by virtue of relationships and their word of mouth reputation. The Internet has not changed this. You’ll learn how many lawyers are saving time and money by using the Internet to: Enhance their reputation; Grow their network of relationships; Establish themselves as subject matter experts; and Get not just clients, but high-quality clients. We’re on this Thursday, May 17 from 12 to 1 ET. Click here…

  • Best in Law Blogs : The LexBlog Network : May 15, 2012

    Colin O'Keefe
    15 May 2012 | 7:30 pm
    The big news of the week comes as the NLRB’s rules on “quickie” or “ambush” union elections were struck down because of a lack of quorum. Lee Beck and Brennan Bolt each do a good job of explaining it. Also, on LXBN, we have an LXBN TV with Victoria Pynchon providing excellent advice to young female lawyers and an LXBN Roundtable breaking down MySpace’s settlement with the FTC. Total posts on the LexBlog Network today: 203. California’s Long Awaited Brinker Decision on Meal and Rest Period Obligations – Brian Gross and Brittany Maly of Cooley Manion…

  • Facebook here to stay : Majority of lawyers will use

    Kevin O'Keefe
    15 May 2012 | 2:10 pm
    Mark Zuckerberg in New York during Facebook’s road show. (Eduardo Munoz/Reuters) With Facebook’s IPO coming this week you can’t get away from all the news and talk about Facebook. Is all the hullabaloo warranted? Should you care as a lawyer or law firm? Yes. I used to think Facebook was not worth a lawyer’s time. How could a lawyer use a forum where people shared personal notes and pictures to grow professionally or from a business development standpoint? I didn’t get it. I still didn’t get it when Steve Rubel told me at a Knicks game two years ago that…
 
  • add this feed to my.Alltop

    Securities Docket

  • Securities Docket News Wire for 2012-05-15

    Securities Docket
    15 May 2012 | 8:55 am
    Securities Docket News Wire for 2012-05-14 http://t.co/gBAOJ05R # Securities Docket News Wire for 2012-05-14 http://t.co/9e64x9Ll #

  • Securities Docket News Wire for 2012-05-14

    Securities Docket
    14 May 2012 | 8:55 am
    SEC Looks at Trading in Avon – http://t.co/IhHI6EWj http://t.co/qzPT0nWY # Gupta's Defense Team Fires Back on Wiretap Issue – http://t.co/IhHI6EWj http://t.co/U3K0D7U8 # Web Watch: Best of the Week Ending May 11 – Compliance Week http://t.co/0VWqgOLZ # Securities Docket News Wire for 2012-05-13 http://t.co/K85GA4hT # Securities Docket News Wire for 2012-05-13 http://t.co/2vpgvk78 #

  • Securities Docket News Wire for 2012-05-14

    Securities Docket
    14 May 2012 | 8:55 am
    SEC Looks at Trading in Avon – http://t.co/IhHI6EWj http://t.co/qzPT0nWY # Gupta's Defense Team Fires Back on Wiretap Issue – http://t.co/IhHI6EWj http://t.co/U3K0D7U8 # Web Watch: Best of the Week Ending May 11 – Compliance Week http://t.co/0VWqgOLZ # Securities Docket News Wire for 2012-05-13 http://t.co/K85GA4hT # Securities Docket News Wire for 2012-05-13 http://t.co/2vpgvk78 #
  • add this feed to my.Alltop

    theCPLRblog

  • Tricked into coming to NY for service?

    David M. Gottlieb
    10 May 2012 | 12:58 am
    CPLR § 308 Personal service upon a natural person (1) by delivering the summons within the state to the person to be served Dantin v Masi, 2012 NY Slip Op 03399 (2nd Dept., 2012) Contrary to the defendant's contention, the Supreme Court properly denied, without a hearing, his motion to dismiss the complaint for lack of personal jurisdiction. The plaintiff demonstrated that jurisdiction was acquired over the defendant by personal delivery of a copy of the summons and complaint to him while he was physically present in New York (see CPLR 308[1]). Moreover, accepting as true the…

  • 3212(a) Filed when received, not necessarily stamped

    David M. Gottlieb
    10 May 2012 | 12:44 am
    3212(a) Tafsiou v Arms Acres, 2012 NY Slip Op 03629 (2nd Dept., 2012) The defendant contends that the Supreme Court erred in denying its motion for summary judgment dismissing the complaint solely upon the ground that the motion was untimely. We agree. In an order dated November 9, 2010, the Supreme Court extended the defendant's "time to file" a summary judgment motion by 60 days. This 60-day extension expired on January 8, 2011, which was a Saturday. Accordingly, pursuant to Judiciary Law § 282, the defendant had until Monday, January 10, 2011, to file its motion for summary…

  • 4518 germane to diagnosis or treatment/police report

    David M. Gottlieb
    10 May 2012 | 12:39 am
    CPLR R. 4518 Sermos v Gruppuso, 2012 NY Slip Op 03623 (2nd Dept., 2012) Initially, we observe that the notations in the hospital record upon which the defendants rely were not attributed to the injured plaintiff. In any event, even if the subject notations were statements attributable to him, none of these notations was germane to his diagnosis or treatment and, at trial, would not be admissible for their truth under the business records exception to the hearsay rule (see CPLR 4518; People v Ortega, 15 NY3d 610; Williams v Alexander, 309 NY 283; Merriman v Integrated Bldg. Controls, Inc., 84…

  • Res Judicata

    David M. Gottlieb
    10 May 2012 | 12:33 am
    Pondview Corp. v Blatt, 2012 NY Slip Op 03618 (2nd Dept., 2012) Here, the claims asserted by the plaintiffs arose out of the same transaction or series of transactions as those raised in a prior action commenced by the plaintiffs in 2003 (hereinafter the 2003 action). Moreover, all of the claims asserted here either were raised or could have been raised in the 2003 action. Accordingly, notwithstanding the fact that some relief sought in this action is different from that sought in the 2003 action, the Supreme Court properly granted those branches of the defendants' separate motions which…

  • agreement to agree is not to agree at all

    David M. Gottlieb
    10 May 2012 | 12:30 am
    Michael H. Spector, AIA, P.C. v Billy Smith's Sport Ctr., Inc., 2012 NY Slip Op 03610 (2nd Dept., 2012) Contrary to the plaintiff's contention, there is no valid line of reasoning or permissible inferences that could lead a rational person to the conclusion reached by the jury with respect to the causes of action to recover damages for beach of contract or to recover on an account stated. With respect to the cause of action alleging breach of contract, the evidence adduced at trial demonstrated that the parties had a mere agreement to agree, which is insufficient to bind either…
  • add this feed to my.Alltop

    HealthBlawg :: David Harlow's Health Care Law Blog

  • Health 2.0 Spring Fling 2012 Tweetstream, Starting with Health Law 2.0

    David Harlow
    13 May 2012 | 9:44 pm
    Health 2.0 Spring Fling comes to Boston this week.  The pre-conference code-a-thon is already history. I'm going to help kick things off with a Health Law 2.0 session on Monday.  For those who'd like to follow along at home Monday and Tuesday, here's the tweetstream; the hashtag is #health2con. <a href="http://www.coveritlive.com/mobile.php/option=com_mobile/task=viewaltcast/altcast_code=5fdd5ee5a5"…

  • In the press recently - Health care law and policy issues ... & some upcoming conferences

    David Harlow
    8 May 2012 | 9:38 pm
    Here's a sampling of some recent press, touching on the diversity of issues that I've been dealing with these days: Supreme Court Hears Arguments on Health Reform Law, Nation Awaits Decision  We're counting down to a decision in late spring/early summer ... and I read today that oddsmakers are giving the law's opponents a slight edge. Smart Social Media Policy for Healthcare  I've been working with health care providers on social media issues from a variety of perspectives; this article from Monster.com is focused on the employment-related issues that arise from health care organizations'…

  • Nothing About Me Without Me - Participatory Medicine, Meaningful Use, and the American Hospital Association

    David Harlow
    6 May 2012 | 9:16 pm
    Meaningful Use Stage 2 regulations were released in March by CMS and ONC.  Over the past month or so, I've been working with other members of the Society for Participatory Medicine (thank you, all) to prepare comments on these regulations from the patient perspective.  Last Friday, we filed two comment letters on the proposed regulations. One letter to the ONC on Meaningful Use Stage 2, and one letter to CMS on Meaningful Use Stage 2. Each letter opens like this: The Society for Participatory Medicine applauds the work done to date in focusing on patient engagement in the proposed Stage 2…

  • Monetization or medicine? Tracking organ donor status on Facebook

    David Harlow
    2 May 2012 | 9:18 am
    Facebook has announced a new box you can check off on your profile: organ donor. (It's available in the US & UK so far, for a total of almost 200 million members; more countries in the works.) What does this mean and why should you care? At bottom, this means that Facebook is adding yet another data point to the myriad bits and bytes it already has on so many of us (What's your birth date? Have you ever broken a bone? etc.), which it slices and dices in order to target ads and sell to third parties (and flog news of its upcoming IPO). Checking off the organ donor box on Facebook doesn't…

  • Health Insurance Exchange Regulations and the Health Reform Challenge

    David Harlow
    25 Apr 2012 | 3:45 pm
    The federal Health Insurance Exchange regulations were released in final form last week.  (See Timothy Jost's précis on the Health Affairs blog and HHS presser.)   I had the opportunity to hear Pennsylvania Insurance Commissioner Michael Consedine speak in Philadelphia about his state's progress towards building an exchange the very next day (I was speaking later on the program). Pennsylvania is one of the 26 states challenging the federal health reform law (and even has a state constitutional amendment afoot that would bar implementation of the individual mandate in…
 
  • add this feed to my.Alltop

    ipandentertainmentlaw.wordpress.com

  • NatureSweet v. Angel Sweet: Texas Tomato Trademark Dispute

    ipandentertainmentlaw
    15 May 2012 | 2:49 pm
    The world of tomatoes is not all sugar and spice as San Antonio, Texas-based NatureSweet, Ltd. sues Mastronardi Produce Ltd for trademark infringement. NatureSweet’s complaint alleges Mastroniardi’s mark Angel Sweet featuring a cherry style tomato with angel wings,  is just too similar to Nature Sweet’s Cherub with design trademark –  featuring a grape style tomato with wings.  NatureSweet has a variety of trademark registration, including one for the winged tomato. I also noticed yesterday, as I was enjoying my NatureSweet grape tomato, that NatureSweet claims a…

  • Copyright Lawyer Tamera Bennett Speaks at TIPLA

    ipandentertainmentlaw
    3 May 2012 | 7:55 am
    Dallas-based copyright attorney Tamera H. Bennett is honored to speak at the Tennessee Intellectual Property Law Association (TIPLA) Conference on Friday, May 4, 2012. Here are links to many of the Copyright Law Update topics Tamera will discuss — with a few bonus links as well. The conference provides a full day of CLE on patent, trademark and copyright topics.

  • Copyright Renewal Vests in Sony not Roger Miller’s Heirs

    ipandentertainmentlaw
    30 Apr 2012 | 11:14 am
    For works published or copyrighted prior to January 1, 1978, the sixth circuit court of appeals made a landmark decision holding the copyright renewal term vests in the music publisher when the author dies during the twenty-eighth year after copyright was secured — the last year of the fist copyright term. The history of the case can be found here and here.  Miller’s heirs have been in a litigation with Sony Music Publishing for years over who owns the songs that Miller wrote in 1964.  Miller died in 1992, the 28th year after writing songs such as “King of the Road” and…

  • Sir Elton John Sued for Copyright Infringement

    ipandentertainmentlaw
    30 Apr 2012 | 9:18 am
    Twenty years after Guy Hobbs first thought Elton John’s hit “Nikiti” was lyrically too similar to Hobbs’ poem “Natasha,” Hobbs’ sued John, Bernie Taupin and Big Pig Music in federal court for copyright infringement on April 26, 2012. Both the song and poem tell a story of a cold-war romance.  Hobbs’ poem, or he calls it his lyrics, was written in 1982 and registered for copyright in the UK in 1983.  In 1984 Hobbs forwarded the poem “Natasha” to Big Pig Music, the music publishing company that represents Elton John and Bernie…

  • Fight Over Light: Museum and Condo Complex Seek Mediation

    ipandentertainmentlaw
    20 Apr 2012 | 11:01 am
    Lighting is key in museum exhibits. So important to the Nasher Sculpture Center in downtown Dallas, that early in its design, covenants were agreed to with surrounding land owners to limit how light would reflect or be directed into the museum space. The Nasher’s new neighbor, the 42 story Museum Condo complex, is throwing a lot more light on the museum (pun intended).  The reflective glass on the exterior of the condo complex is directing sunlight into the Nasher which not only changes the way Nasher displays the art from a design element, but also can damage any artwork displayed in…
  • add this feed to my.Alltop

    Trade Secrets Blog

  • The Trade Secrets Dilemma – Sue and Disclose

    27 Apr 2012 | 7:00 am
    An interesting article from Thomon Reuters News & Insight on an age-old problem in trade secrets, the fact that bringing suit often requires disclosing the trade secrets.The article concerns a case in New York state court, MSCI v. Jacob and Axoma. MCSI, a software maker, claimed that its former employee, Jacob, misappropriated trade secrets in its software on behalf of his new employer, Axoma.The judge overseeing the case made a critical ruling in a discovery dispute requiring the plaintiff to identify “with reasonable particularity” the trade secrets it contends were misappropriated.

  • Trade Secrets of Minor League Hockey?

    18 Apr 2012 | 10:27 am
    From the Ithaca Journal (located in the scenic law school stomping grounds of my co-author) a story about alleged trade secrets stolen from a minor league hockey team.To the point, the owner of the Elmira Jackals is accusing the team’s former general manager and assistant general manager of stealing trade secrets.No, it’s nothing about a secret strategy for playing hockey. Rather it’s information about “how much the Jackals' sponsors have in their advertising budgets, and what sorts of deals they like to make.”And, the allegation is, they are doing it for their new team, the Elmira…

  • Ninth Circuit Opts for Narrow Construction of Computer Fraud and Abuse Act

    16 Apr 2012 | 4:22 pm
    From the California Recorder, an article concerning the Ninth Circuit’s en banc ruling in U.S. v. Nosal (opinion here), holding that a simple violation of terms of use does not constitute a violation of the federal Computer Fraud and Abuse Act which prohibits users from “exceeding authorized access.”The facts of the case are pretty simple. Nosal left the employment of an executive search firm but got some old pals back at the employer to send him confidential information that they shouldn’t have.The question was did this violate the terms of the federal law. Other circuits – notably…

  • Vacating of Big Trade Secrets Award Against PepsiCo Affirmed

    30 Mar 2012 | 3:16 pm
    Causes of action generally have statutes of limitations establishing the time periods in which they must be brought. Wait too long and your claim will be tossed out of court on limitations grounds as stale.The Wisconsin Rapids Tribune provides a fine example of a stale claim in the trade secrets context.According to plaintiffs' allegations, they met with representatives of PepsiCo’s Wisconsin distributors in 1981 to discuss a bottled water concept. The parties allegedly signed a confidentiality agreement.Flash forward 25 or so years when one of the plaintiffs got thirsty and purchased a…

  • Yet Another Case of Chinese Economic Espionage?

    23 Mar 2012 | 2:33 pm
    From Tire Review (a publication that I didn’t know existed, but I’m glad it does), the story of Xiaorgon Wang, a 50-year-old man from Hudson, Ohio, indicted in federal court in Ohio on charges that he stole trade secrets from his former employer, tiremaker Bridgestone Americas.Tire Review says Wang, who worked at Bridgestone as a researcher, downloaded proprietary information after he was fired, including research on polymer formulas and unpatented data (i.e. trade secrets). It also reports that the FBI says Wang lied about his relationship with the Shanghai Frontier Elastomer Co.Sounds…
  • add this feed to my.Alltop

    Personal Injury and Social Security Disability Blog

  • CDC Report: Accidental Deaths Among U.S. Children Are Declining

    Bob Kraft
    15 May 2012 | 5:08 am
    A new report on accidental deaths among U.S. children received extensive coverage, mostly from online sources. Most sources portrayed the findings as a step in the right direction, but also emphasized the fact that deaths among this population due to some factors, like prescription drug abuse, are on the rise. USA Today reported, "The number of children and teens who die from any kind of accidents has dropped nearly 30% from 2000 to 2009, mostly because of a decline in traffic deaths, says a new report from the Centers for Disease Control and Prevention." However, the gains are…

  • Overturning Health Care Act Will Freeze Medicare, White House Warns

    Bob Kraft
    15 May 2012 | 5:02 am
    The Affordable Care Act, frequently referred to as ObamaCare, is pending before the Supreme Court of the United States as to whether the law is constitutional. The American people are closely divided when asked whether they approve of the law, but when asked about specific provisions of the law, such as the closing of the prescription coverage gap, called the doughnut hole, and no-charge preventive services, such as an annual wellness physical, a large majority supports the separate pieces of the law. The Obama administration recently issued a warning about the adverse effects on Medicare if…

  • FDA Issues Safety Warning for Fentanyl Patches

    Bob Kraft
    14 May 2012 | 5:07 am
    CNN's "The Chart" blog reports, "The US Food and Drug Administration issued a consumer advisory Thursday, reminding parents, caregivers, and medical personnel of the deadly consequences posed to children from accidental contact with, or ingestion of fentanyl patches, which are marketed under the brand name Duragesic." The agency warning says "there have been 26 incidents of accidental fentanyl exposure since 1997, resulting in ten deaths and 12 cases requiring hospitalization. Most of the cases involved children." In a written statement, Douglas…

  • Friday Fun

    Bob Kraft
    11 May 2012 | 4:35 am
    This optical illusion has been around a while, but I still think it's one of the best. Stare at the red dot on the woman's nose for about 30 seconds, then look at a blank surface such as a wall or ceiling, and blink rapidly. You'll see the "negative" become a color photograph!

  • U.S. Highway Deaths Decline, But Not In Texas

    Bob Kraft
    10 May 2012 | 4:34 am
    Here's an interesting fact: according to the National Highway Traffic Safety Administration’s early estimate of traffic fatalities in 2011, deaths declined nationwide but remained about the same in Texas. The report was released recently and covers only the first nine months of 2011. It will be amended at a later date. The preliminary report shows the lowest number of traffic fatalities in the past 60 years. This may be due to people driving less as gas prices increase, to higher seat belt usage, and to safer vehicles. There are several possible reasons for the Texas discrepancy. The…
 
  • add this feed to my.Alltop

    Marquette University Law School Faculty Blog

  • The Pro Bono Oath

    Michael Gonring
    14 May 2012 | 7:30 pm
    When the Wisconsin Supreme Court declined in February to grant the Civil Gideon petition and its proposed requirement that legal counsel be appointed for impoverished civil litigants, it instead noted a familiar fallback solution: pro bono initiatives. When Congress decided in 2011 to drastically cut funding for the Legal Services Corporation, which funds legal services providers such as Legal Action of Wisconsin, the message was similar: lawyers should do more pro bono. When it comes to the issue of poor people and their legal problems, passing the buck to lawyers in private practice is par…

  • People Who Have Shaped the Teaching Careers of Our Faculty—Part 4

    Chad M. Oldfather
    11 May 2012 | 11:59 am
    The editors of the blog asked several law school faculty to write about the people who have been the most formative figures in their careers as legal educators. This fourth submission in the series is by Professor Chad M. Oldfather. The path I took to law school was direct in the sense that I went right from college. But in more important senses it was as indirect as could be. Growing up as (what for the sake of simplicity we’ll call) a farm kid I knew no lawyers, and nothing of the world of business. “Work,” as I understood the term, implied getting dirt under one’s fingernails. My…

  • Gaddis on Kennan: Insight into a Key Figure of the 20th Century

    Alan J. Borsuk
    10 May 2012 | 1:48 pm
    The first half of the 20th Century was terrible, including two world wars. The second half was much better. “Who developed the ideas that made the second half of the 20th century better that the first half?” Yale Professor John Lewis Gaddis asked in an “On the Issues with Mike Gousha” session at Eckstein Hall on Wednesday. “I don’t mean to say that George Kennan did all of that,” Gaddis said, answering the question. “But if I were to pick one central idea that was key to making the second half of the 20th century more peaceful than the first half, I think it was the idea of…

  • People Who Have Shaped the Teaching Careers of Our Faculty—Part 3: Lessons Learned from Professor Jim Colliton

    Vada W. Lindsey
    9 May 2012 | 2:29 pm
    The editors of the blog asked several law school faculty to write about the people who have been the most formative figures in their careers as legal educators. This submission, the third in the series, is by Professor Vada Waters Lindsey. When I enrolled in law school, my goal was to become a lobbyist. I majored in Political Science as an undergraduate student, worked for a state senator as a legislative aide and believed that a law degree would help me reach my professional goals. Upon enrolling in law school, my interests immediately shifted. I loved the law school environment. Before the…

  • Black Lawyers in the 1930s

    J. Gordon Hylton
    8 May 2012 | 12:06 pm
    African-American lawyers were a scarce commodity in 1930. A recent post on the ConLawBlog posed the question of how many African-American lawyers there were in the United States in 1930.  This is a subject that I have been studying for some time, and thanks to a heads up from Professor Idleman, I was able to answer the question. According to the U.S. Census, in 1930, there were only 1247 black lawyers in the entire United States in 1930, out of a total number of 160,605 lawyers.  Of the 1247, 1223 were male and only 24 were female. Even though the Great Migration had begun after World War…
  • add this feed to my.Alltop

    California Employment Law Report

  • Three Legal Steps Employers Can Take To Ensure Employees Comply With Company Policy

    Anthony Zaller
    11 May 2012 | 10:52 am
    The scenario is common: employers have policies in place to protect the employees and the company, but getting employees to comply with the policies is difficult. For example, a company has a policy that employees have to be on-the-clock for during all of the time they are working, but there is one or two employees who habitually forget to clock-out at the end of the day. In addition to the administrative hassles this creates, there are legal issues of how much time the employer should pay the employee for. Generally, employers are required to pay for all time that the company knows or should…

  • Can Employers Ask For Applicants' W-2 or Tax Returns?

    Anthony Zaller
    3 May 2012 | 7:26 pm
    First it was Facebook passwords, now it is financials. It is becoming more regular that employers ask job applicants for a W-2 or tax returns in order to verify past salary or employment information. Kathleen Pender of the San Francisco Chronicle wrote a story on this interesting issue. Given the tough job market, many job seekers are feeling obligated to provide such information. While many people have the gut reaction that this type of request is improper, as the article notes, there is arguably nothing legally that limits employers from asking for this information. Of course, the improper…

  • Plaintiff Cannot Bring Class Action In Arbitration Even When Arbitration Agreement Is Silent On Issue

    Anthony Zaller
    30 Apr 2012 | 12:08 pm
    In Kinecta Alternative Financial Solutions v. Superior Court (wrd) held that a trial could improperly ordered a wage and hour class action to proceed in arbitration as a class action. The appellate court held that even though the arbitration agreement was silent on whether the parties agreed to arbitrate class claims, the fact that the agreement only referenced plaintiff’s claims against the employer (not other employees’ claims as well) the plaintiff could only bring her individual claims in arbitration.  The plaintiff signed an arbitration agreement that provided to…

  • Meal and Rest Break Compliance After Brinker v. Superior Court

    Anthony Zaller
    23 Apr 2012 | 11:09 am
    Have you attended webinars and read new legal updates on the new Brinker decision and still uncertain on how this applies to your company? Realizing that employers need to take a more active step in ensuring they are in compliance with the new decision, I've developed a package that actually assists employers in drafting and implementing a meal and rest break policy tailored to their business: A draft of meal and rest break policy to comply with the standards set forth in Brinker. Video presentation covering overview of Brinker (1 hour) and presentation materials. 1/2 hour consultation for…

  • NLRB's Attempt To Require Workplace Poster Is Temporarily Stopped

    Anthony Zaller
    20 Apr 2012 | 3:14 pm
    Here in California the Brinker decision has taken up most of my time over the last week.  Now I am finally able to focus on a national issue - as the Court of Appeals for the District of Columbia blocked the NLRB from requiring employers to post a notice of employee rights. The court’s decision comes after the federal court in South Carolina ruled that the NLRB exceeded its authority by requiring employers to post notices in the workplace. The DC appellate court held: The uncertainty about enforcement counsels further in favor of temporarily preserving the status quo while…
  • add this feed to my.Alltop

    Social Security Disability Lawyer

  • A Virginia ALJ has one the lowest grant rates in the country

    Maine Social Security attorney Gordon Gates
    15 May 2012 | 8:04 am
    There is remarkable article by Sean Collins-Smith and Brandon Shulleeta, published yesterday in the Virginia Lawyers Weekly, entitled Richmond ALJ hearing Social Security claims has one of the highest denial rates in the country. The subject of the article is Drew A. Swank, a Social Security administrative law judge who decided more than 1,100 disability claims last year (the article appears to rely on the SSA's published stats for FY 2011). The judge denied 79% of claims outright, and issued "fully favorable" decisions just 6% of the time. That is not a typo. 6% of decisions…

  • Have Three Reasons to Preclude Past Work and Other Work

    Maine Social Security attorney Gordon Gates
    14 May 2012 | 5:30 am
    There is a helpful article in the April Social Security Forum, which is a newsletter for NOSSCR members. On page 11, Illinois attorney Eric Schnaufer suggests having three reasons to rule out past relevant work at step four, and three reasons to rule out other work at step five of the sequential evaluation. For each past relevant job at step four, a representative should have three reasons why the preponderance of the evidence shows that the claimant could not perform that job both as actually performed and as generally performed. ... A representative should have three overriding…

  • Social Security Disability Blog Roundup

    Maine Social Security attorney Gordon Gates
    11 May 2012 | 5:34 am
    Every other Friday, I highlight articles of note from the Social Security disability law blogs. I missed last week's scheduled roundup due to the NOSSCR conference, so this week we have several selections: Social Security Statements Now Available Online by Steven Butler ALJs Forbidden To Search Online For Info About Claimants and The Attack Pieces Continue and Fairies And Unicorns Are Real And Every Disabled Person Can Work by Charles Hall Hiring A Disability Attorney For Your Hearing by Aaron Rifkind Proof of Birth for SSD by Jeffrey Delott Statements - get more than one if you can by…

  • Statement from a former employer can enhance credibility

    Maine Social Security attorney Gordon Gates
    10 May 2012 | 5:50 am
    I wrote recently about statements in support of a disability claim. Statements from those who are familiar with your situation (and particularly with your functional limitations) can be helpful evidence in support of your claim for Social Security disability benefits. Typically, these written statements are from a spouse, a relative, or a close friend. At the NOSSCR conference in Philadelphia last week, attorney Daniel Emery spoke on the issue of the claimant's credibility, and its central role in ALJ decisionmaking. Judges often focus on a claimant's credibility when evaluating…

  • Portland Hearing Office Average Processing Time

    Maine Social Security attorney Gordon Gates
    8 May 2012 | 5:48 am
    The latest statistics for processing times for disability claims at the Social Security hearing offices around the country have been released by the SSA, and reprinted in the April 2012 NOSSCR Social Security Forum newsletter. Waiting times continue to shorten in Portland, Maine. The average wait for a hearing decision is now 377 days - just about 12 months. This is an improvement over the waiting time of 392 days that I reported three months ago.  I have definitely noticed an uptick in the pace at the Portland ODAR, and recently claims have been set for hearing at a furious rate. The…
 
  • add this feed to my.Alltop

    The Rainmaker Blog

  • New Study Reveals Best Times for Posting on Facebook and Twitter to Achieve High Click Rates

    Stephen Fairley
    15 May 2012 | 12:46 pm
    A new study out last week from Bitly, a link sharing and analytics website, takes a detailed look at how content propagates through social networks and how when a link is posted affects the number of clicks it receives.  The findings from the Bitly study for Facebook, Twitter and Tumblr posts reveal the best – and worst – times for posting on those three sites (times noted are ET): The key takeaway from this study is that each social network has its own culture and behavior patterns, and being aware of these can help you publish your content at the right time to reach the…

  • Study Finds Consumers' Appetite for Online Content Growing; How Attorneys Can Feed It to Generate Leads

    Stephen Fairley
    14 May 2012 | 11:58 am
    A November 2011 study of U.S. Internet users for Broadcom, a semiconductor manufacturer, reported that 87% of respondents consumed more than 11 hours of online content per week and at least 54% percent said they consume over 21 hours of online content per week: Content marketing is a critical component of a comprehensive law firm marketing program, and there are many avenues you can use to spread your content to potential clients, including your website, blog, online directories like Avvo and JDSupra, and social media sites like LinkedIn, Facebook, Twitter, YouTube and Google+. With all these…

  • Are Moms in Your Law Firm Marketing Mix?

    Stephen Fairley
    13 May 2012 | 11:00 am
    Happy Mother’s Day! Today we celebrate all those hard-working moms out there, most of whom do double-duty every day, at work and at home. Actually, work and home have blended for lots of moms who are veracious users of social media to stay connected on both fronts. If you are targeting Moms as part of your law firm marketing program, this Nielsen infographic should be of special interest to you: Free Report: 4 Myths That Keep Attorneys From Building A Referral-Based Practice Referrals are the lifeblood of many law practices, and building a good referral program takes a…

  • Survey Names Top 3 Marketing Tools: Email, E-Newsletters, Social Media

    Stephen Fairley
    12 May 2012 | 11:00 am
    A March survey of U.S. marketing professionals by trade publication Chief Marketer found that when it comes to Internet marketing, email continues to be the most effective tool, followed by e-newsletters and social media: When it comes to improving organic search results, the marketers surveyed said that the most effective tools for accomplishing this important task were adding social share buttons to their existing websites, optimizing their landing pages for search (SEO) and adding more fresh content more often: When it comes to email marketing, you need to remember the old maxim,…

  • Waltzing to Tennessee to Open the TAJ Annual Convention on June 6

    Stephen Fairley
    11 May 2012 | 1:11 pm
    On Wednesday, June 6, I will be proudly opening the Tennessee Association for Justice Annual Convention in Memphis with a keynote address on the 6 Proven Keys to Marketing Your Law Firm Online.   Here are some of the items I’ll be covering: The 5 biggest mistakes attorneys make with their websites and how to avoid them 3 ways to dramatically improve your website’s conversion rate The 2 fastest ways to get to the top of Google (and which one works better) Why you should never pay an SEO expert to “optimize your website” How attorneys are using blogs to become…
  • add this feed to my.Alltop

    Defending People

  • Back to METRO

    Mark Bennett
    15 May 2012 | 11:30 pm
    On Friday morning at 9am, please join me and other freedom fighters at METRO headquarters, 1900 Main Street, Second Floor, to continue the discussion with METRO about METRO police chief Victor Rodriguez’s inviting TSA VIPR teams into our community. Copyright © 2010 Mark Bennett. This feed is for personal, non-commercial use only. The use of this feed on other websites breaches copyright. If this content is not in your news reader, the page you are viewing infringes the copyright. (Digital Fingerprint: 9fddc86334d71f22cfdb4b70fe23bb0e.)

  • Shout It From The Rooftops

    Mark Bennett
    15 May 2012 | 11:08 pm
    The position of most adherents of the death penalty is that there are enough procedural safeguards built into the system that nobody has ever been executed for a crime he did not commit, and that the probability that someone factually innocent could be executed is so small that it does not merit chucking the penalty altogether. It should be noted at the outset that the dissent does not discuss a single case—not one—in which it is clear that a person was executed for a crime he did not commit. If such an event had occurred in recent years, we would not have to hunt for it; the innocent’s…

  • Another Victim of the Wars on Terror and Drugs

    Mark Bennett
    13 May 2012 | 8:47 pm
    Armed rentacop Tyler John Duhon is accused of sexually assaulting a woman after arresting her for possessing a marijuana cigarette at Houston’s downtown Greyhound bus station. (PDF of criminal complaint.) From the criminal complaint, it appears that Duhon’s defense is that the woman consented to have sex with him.  Usually “she consented” would be a tough defense for the state to overcome.  But a ”sexual assault…is without the consent of the other person if [among other things]…the actor compels the other person to submit or participate by the use of…

  • On Fictionalist Craig Malisow

    Mark Bennett
    12 May 2012 | 4:18 pm
    Credulous fabulist Craig Malisow, never one to let the truth get in the way of a good story, continues to publish fiction in the Houston Press on my friend Shawn Roberts. When his first short story on the subject was published last year, I wrote a letter to the Houston Press, which the Press didn’t deign to publish. It follows: To the editors: I was representing Shawn Roberts when a jury found him not guilty of delivering heroin to Tara Sganga. When Craig Malisow and I talked about his story before it was published, he mentioned to me one “fact” that he seemed to think important to…

  • The Best Tradition…and Bad Judgment

    Mark Bennett
    8 May 2012 | 7:15 pm
    One of these things is not like all the others: A. Wilmington criminal-defense lawyer Eugene Maurer accuses the complainant in an assault case of using the incident to seek attention. B. Menlo Park family lawyer Jack D. Berghouse sues the school that punished his client for cheating because “the school’s policies regarding punishment for cheating are vague and contradictory and shouldn’t be enforced.” C. Chicago criminal-defense lawyer Cheryl Bormann wears hijab to her client’s arraignment at Guantanamo and asks the court to order the other women present at the hearing…
  • add this feed to my.Alltop

    a public defender

  • Monday Morning Jumpstart

    Gideon
    30 Apr 2012 | 9:14 am
    Oh, hello. It’s been a while, eh? Yes, this former Monday Morning staple has unfortunately gone the way of the dodo, given my newfound love of sleeping in a little longer than I used to. Today, however, blessed with an oncoming cold, I have just enough time to throw some links your way before I drink a whole bottle of Benadryl and follow it up with some hand sanitizer. So. Enjoy this one-off Jumpstart: The AP has this piece on the litigation sure to be prompted by the repeal of the death penalty. The Courant has this lengthy piece on the delays in awarding compensation to those…

  • Neutered animals

    Gideon
    30 Apr 2012 | 8:05 am
    There seems to exist a rule of lawmaking that every good policy decision must not go unpunished and must be equally balanced by a completely bone-headed one. That logic and good sense must be sacrificed at the altar of fear-mongering at least once every legislative session. Given all the good work the CT legislature has done this year, it seemed inevitable that someone would end up being spanked. Sure enough, a bill has made its way out of committee that underlines the commonly-held belief that any good work that comes out of a legislature is sheer, blind luck and most of the bills passed are…

  • Relegating McCleskey

    Gideon
    23 Apr 2012 | 7:45 am
    Twenty five years ago yesterday, the United States Supreme Court issued one if its most shameful opinions in recent history: McCleskey v. Kemp, in which it willfully turned a blind eye to racial discrimination in death penalty cases and prohibited citizens from raising claims of racial bias leading to the imposition of death sentences. The Court in McCleskey, assuming that the Baldus study [.doc] was accurate, nevertheless: categorically rejected the idea that statistical evidence was sufficient to show a constitutional violation, requiring instead that a defendant show “exceptionally…

  • Recording racial profiling

    Gideon
    20 Apr 2012 | 7:52 am
    In somewhat of a banner day at the CT Senate (this is turning out to be quite the legislative session), two bills passed that chamber of the legislature and move to the House for its approval. Both bills have to do with police behavior, both having been in the spotlight recently. The first is a bill that not only makes it clear that it is legal for citizens to record police officers, but also provides a cause of action for a lawsuit against officers who illegally prevent citizens from conducting such video recording: (b) A peace officer who interferes with any person taking a photographic or…

  • Idiocracy

    Gideon
    16 Apr 2012 | 7:43 pm
    There is a moderately entertaining movie called Idiocracy, directed by Mike Judge and starring the less-stoned Wilson brother about a man of perfectly average intelligence who goes into cryogenic deep freeze for a long time and emerges 500 years in the future where the stupid have out-reproduced the intelligent and the Earth is ruled by grunts and monosyllables. Reading some reactions to the death penalty repeal here in CT, it seems to me that the future is now. First, CT News Junkie reported, in a story with the provocative title ‘Lawmaker Guided By Experience As Defense…
 
  • add this feed to my.Alltop

    Internet Cases

  • Alleged voyeur boss cannot pursue Computer Fraud and Abuse Act claim

    Evan Brown (@internetcases)
    15 May 2012 | 12:01 am
    Bashaw v. Johnson, 2012 WL 1623483 (D.Kan. May 9, 2012) Some employees filed suit after they learned that their boss — who required them to wear skirts to work — allegedly installed the Cam-u-flage video surveillance app on his iPhone and iPad to surreptitiously capture upskirt shots of plaintiffs at work. The boss filed a counterclaim under the Computer Fraud and Abuse Act (CFAA), claiming that plaintiffs deleted data from his iDevices without authorization. Plaintiffs moved to dismiss this counterclaim. The court granted the motion. The court held that the boss failed to allege…

  • Why be concerned with social media estate planning?

    Evan Brown (@internetcases)
    11 May 2012 | 10:58 am
    The headline of this recent blog post by the U.S. government promises to answer the question of why you should do some social media estate planning. But the post falls short of providing a compelling reason to plan for how your social media accounts and other digital assets should be handled in the event of your demise. So I’ve come up with my own list of reasons why this might be good both for the individual and for our culture: Security. People commit identity theft on both the living and the dead. (See, for example, the story of the Tennessee woman who collected her dead aunt’s…

  • Employer not allowed to search for porn on employee’s home computer

    Evan Brown (@internetcases)
    11 Apr 2012 | 10:16 am
    In re Jordan, — S.W.3d —, 2012 WL 1098275 (Texas App., April 3, 2012) Former employee sued her old company for subjecting her to a sexually hostile workplace and for firing her after she reported it. She claimed that she had never looked at pornography before she saw some on the computers at work. During discovery in the lawsuit, the company requested that employee turn over her home computer so that the company’s “forensic computer examiner” could inspect them. The trial court compelled employee to produce her computer so that the forensic examiner could look for…

  • FourCast 112: The Nanobots Made My Brain Do It

    Evan Brown (@internetcases)
    13 Mar 2012 | 4:05 pm
    A little bit off topic — hope you don’t mind… I had a great time being on FourCast yesterday (video embedded below) with hosts Tom Merrit and Scott Johnson, and with Shannon Morse. We talked about encountering rogue planets with subterranean life, nanobots affecting thoughts and feelings, and heads up displays that keep you from getting lost in your car.

  • Website operators not liable for third party comments

    Evan Brown (@internetcases)
    11 Mar 2012 | 9:29 pm
    Spreadbury v. Bitterroot Public Library, 2012 WL 734163 (D. Montana, March 6, 2012) Plaintiff was upset at some local government officials, and ended up getting arrested for allegedly trespassing at the public library. Local newspapers covered the story, including on their websites. Some online commenters said mean things about plaintiff, so plaintiff sued a whole slew of defendants, including the newspapers (as website operators). The court threw out the claims over the online comments. It held that the Communications Decency Act at 47 U.S.C. 230 immunized the website operators from…
  • add this feed to my.Alltop

    ICBC Personal Injury Claims Lawyer Erik Magraken | Victoria & Vancouver Island BC

  • Welcome Vancouver Sun Readers - More on Bills 44, 52 and BC’s Justice Reform Initiative

    emagraken
    15 May 2012 | 3:36 pm
    For those of you visiting this site after reading Mr. Mulgrew’s article published in today’s Vancvouer Sun, welcome. If you are looking for more information on my comments on Bills 44, 52 and the BC Government’s Justice Reform Initiative you can find my previous articles here and here and here.

  • $75,000 Non-Pecuniary Assessment For Labral Tear

    emagraken
    15 May 2012 | 9:08 am
    Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, assessing damages for various soft tissue injuries and a labral tear caused by a motor vehicle collision. In this week’s case (Foster v. Kindlan and Pineau) the Plaintiff claimed damages from two motor vehicle collisions, the first in 2007, the second in 2009.  Fault was not at issue in either claim.  These collisions caused various soft tissue injuries and a labral tear which continued to pose difficulties for the plaintiff at the time of trial and were expected to continue into the future.

  • CPP Children’s Benefits Not Deductible From ICBC UMP Compensation

    emagraken
    14 May 2012 | 9:43 am
    While ICBC can deduct Canada Pension Plan disability benefits from an UMP Claim, can the same be done for additional “Children’s Benefits” paid by the CPP?   Arbitrator Yule addressed this question in an UMP Arbitration Decision that was recently provided to me.  In short Arbitrator Yule held that Children’s Benefits are non-deductible. In the unpublished decision (H v. ICBC) the Plaintiff was awarded damages following a jury trial.  The Plaintiff applied for payment under his own UMP Coverage as the at-fault motorist was underinsured.  While the parties largely…

  • Witness Excluded For Failing to Be Listed in Trial Management Conference Brief

    emagraken
    11 May 2012 | 12:28 pm
    One of the changes in the new BC Supreme Court Civil Rules is the requirement for parties to produce a list of witnesses in their trial brief to be exchanged 7 days prior to a Trial Management Conference. In addition to this Rule 12-5(28) prohibits a party from calling a witness who was not listed “unless the court orders otherwise“.  The first reasons for judgement that I’m aware of addressing this subrule were recently shared with me. In the unreported case (Topkins v. Bruce) the Defendant attempted to call an unlisted witness at trial.  Mr. Justice Curtis refused to…

  • $60,000 Non-Pecuniary Assessment For Onset of Symptoms in Pre-Existing Degenerative Disc Disease

    emagraken
    11 May 2012 | 9:50 am
    As previously discussed, a common occurrence following a collision is the onset of symptoms in a pre-existing, but otherwise asymptomatic, conditions.  Reasons for judgement were published this week by the BC Supreme Court, Vancouver Registry, highlighting and assessing damages for such a scenario. In this week’s case (Zawislak v. Karbovanec) the Plaintiff was involved in a 2009 rear-end collision.  Fault was admitted by the opposing motorist.  The Plaintiff had pre-existing, asymptomatic, degenerative disc disease in his spine.  The collision rendered this condition symptomatic…
  • add this feed to my.Alltop

    Federal Employment Law Articles

  • DOL Seeks to Gauge Worker Knowledge of Workplace Wage and Safety Rights

    15 May 2012 | 12:00 am
    The Department of Labor has submitted to the Office of Management and Budget (OMB) a proposed information collection request (ICR) that would determine the degree of employee knowledge concerning their rights governed by the DOL’s Wage and Hour Division (WHD) and Occupational Safety and Health Administration (OSHA).

  • D.C. Court Invalidates "Ambush Election" Rule

    15 May 2012 | 12:00 am
    On May 14, 2012, in Chamber of Commerce et al v. NLRB, District Judge James E. Boasberg of the U.S. District Court for the District of Columbia enjoined the National Labor Relations Board's (NLRB) representation case rules (commonly referred to as the "quickie election" or "ambush election" rules) because of a lack of a quorum of three Members acting on the final rule. Citing the U.S. Supreme Court’s decision in New Process Steel, the court noted that: "At the end of the day, while the Court's decision may seem unduly technical, the quorum requirement, as the Supreme Court has made clear,…

  • FY 2013 H-1B Cap Count (5/11/12 Update)

    15 May 2012 | 12:00 am
    As of May 11, 2012, the U.S. Citizenship and Immigration Services (USCIS) has received a total of approximately 51,500 H-1B cap filings for employment in FY 2013: 36,700 petitions have been receipted against the “regular cap” of 65,000 and 14,800 H-1B petitions have been receipted against the “Master’s cap” of 20,000 for foreign nationals with advanced degrees from U.S. universities and colleges.

  • NLRB Enjoined, Again

    15 May 2012 | 12:00 am
    Earlier it was the NLRB's posting regulations, see post here, which were enjoined. Today it's the regulations regarding the conduct of elections (sometimes referred to as the ambush election rule) which was the subject matter of yet another injunction.

  • Health Plans Have an Added Mandatory Disclosure under ERISA

    15 May 2012 | 12:00 am
    Health care reform expands ERISA's disclosure requirements by requiring that group health plans provide a summary of benefits and coverage (“SBC”) to plan participants and beneficiaries before enrollment or re-enrollment. The primary purpose of the SBC is to enable participants to compare coverage options easily and to help them better understand their health benefits. The SBC must accurately describe the benefits and coverage available to the participant or beneficiary under the applicable plan. This SBC requirement applies in addition to the SPD and SMM requirements already in place.
 
  • add this feed to my.Alltop

    Florida Estate Planning Lawyer Blog

  • Adding Kids To Deeds Can Place Florida Homestead in Jeopardy to Creditors

    10 May 2012 | 8:28 am
    Joseph Percope has written an article The Impact of Co-ownership on Florida Homestead in the Florida Bar Journal that discusses the tree kinds of homesteads defined in a 1997 Florida Supreme Court case: The tax exemption; The Protection from Creditors; and The restrictions on alienation of homestead property in Florida. While most are primarily concerned with their tax breaks, as a Florida Estate Planning Lawyer we often deal with the second two more often in our planning. We see families attempting to avoid probate by adding kids on to deeds all the time. We also see parents who own part of…

  • Can a Florida Will Be Changed After Death?

    8 May 2012 | 8:04 am
    Historically a Florida Will could not be changed and had to be strictly complied with by in a Florida Probate. A recent change to Florida Probate allows for the court to step in and change the terms of a person's will when there is no question about what the terms when there is clear evidence that what the testator intended. Anyone can ask a court to change the terms of a Florida Will when there is clear and convincing evidence that a mistake of fac or mistake of law caused the will to reflect something other than the testator's true intent. Mistake of law is a legal principle referring to…

  • Florida Enhanced Life Estate Deed and Medicaid Planning

    4 May 2012 | 7:16 am
    A Florida Enhanced Life Estate Deed (sometimes called "The Lady-Bird Deed" is a tool used by Florida Estate Planning Attorneys, Florida Elder Law Attorneys, and other by Florida Lawyers to preserve the homestead for the benefit of the family and avoid a Probate in Florida. Upon the death of the homeowner's the property will pass to the people designated without the need for a costly probate process in much the same way as a bank account with a beneficary designation. Why Use an Enhanced Life Estate Deed? The Florida Enhanced Life Estate Deed provides a mechanism to bypass the probate process…

  • Jacksonville Gay and Lesbian Issues Lawyer with Breaking News

    3 May 2012 | 9:15 pm
    The fight for Jacksonville equality is reaching its crescendo. The Jacksonville City Council will soon consider legislation presented to them which if passed would offer protections to the LGBT community. Currently, the Jacksonville human rights ordinance does not provide protection for the gay community. That means that those persons who are gay, lesbian, and transgender have little to no shelter from discrimination in the workplace, housing, and public accommodations. There have been several Florida cities and municipalities that have amended or put in place legislation to protect this…

  • What are Probate Assets in Florida?

    1 May 2012 | 7:16 am
    Florida statutes define probate assets as those assets subject to a probate administration. There are several types of Probate in Florida which are discussed in our Free Florida Probate Handbook that you can request. Often it is easier to define which assets are not subject to probate. In Florida any asset with a surviving joint owner, valid payable on death designation, or contract clause which defines what happens to the asset upon death are not subject to probate. Often these include life insurance policies, annuities contract or retirement account with a transfer on death clause, jointly…
  • add this feed to my.Alltop

    Slaw

  • Only Lawyers Shall Do the Lawyering

    Geneviève Lay
    15 May 2012 | 9:37 pm
    The Quebec Court of Appeal recently rendered a decision clarifying the restriction set out at section 128(1)(a) of the Act respecting the Barreau du Quebec ("Act"), which reads: 128. (1) The following acts, performed for others, shall be the exclusive prerogative of the practising advocate or solicitor: (a) to give legal advice and consultations on legal matters; […] According to this section and in order to ensure the protection of the public, certain acts are reserved for lawyers called and registered with the Bar. The illegal exercise of the legal profession reserved to…

  • Seizing Social Media Information in a Criminal Case

    John Gregory
    15 May 2012 | 3:33 pm
    We have discussed on Slaw the mandatory disclosure of information from Facebook pages in civil litigation, and the disclosure of FB passwords to prospective employers. I do not believe that we have discussed the disclosure of information from FB in the course of a criminal investigation. A German court has recently ordered disclosure of the content of private messages and pictures from a suspect’s FB pages. A write-up of the case appears in International Law Office. Is this just another search warrant for a computer? Would courts where you are have any difficulty with an application for…

  • Collection Development for Law Libraries

    Shaunna Mireau
    15 May 2012 | 2:50 pm
    I attended an excellent session on collection development for law libraries at the Canadian Association of Law Libraries Conference last week. The session was titled "Collection Development in an Era of Shrinking Budgets". The program stated: Aimed at those involved in collection development in all types of law libraries, this practical session will discuss strategies and best practices for coping with rising prices and shrinking budgets. Our two panelists will share their experiences in courthouse, private and academic law libraries. The session will then be opened up for…

  • Will We Embrace the Future ..or…??

    David Bilinsky
    15 May 2012 | 12:25 pm
    ♫ I know you're waiting and you're so damn nervous I know you're hoping that I could explain this Look in my eyes I will try and show you…♫ Lyrics, Music and recorded by Rains. Two different articles hit my desk this morning and I thought they provided a sharp contrast into the divisions within the legal profession and ultimately, the future of the legal profession. The first was from Kirk Makin writing for the Globe and Mail. His article, "Courts turn to Wired Justice in Push to Cut Costs" contained some interesting quotes. The article is about the use of…

  • What's Hot on CanLII This Week

    Simon Fodden
    15 May 2012 | 9:31 am
    Here are the three most-consulted English-language cases on CanLII for the week of May 7 – 14. ♨ 1. Bruni v. Bruni 2010 ONSC 6568 [Second week at #1] [1] Paging Dr. Freud. Paging Dr. Freud. [2] This is yet another case that reveals the ineffectiveness of Family Court in a bitter custody/access dispute, where the parties require therapeutic intervention rather than legal attention. Here, a husband and wife have been marinating in a mutual hatred so intense as to surely amount to a personality disorder requiring treatment. [3] In addition to the volatile issues of custody and…
  • add this feed to my.Alltop

    Virtual Law Practice

  • Technology in Legal Mentorship

    slkimbro
    9 May 2012 | 10:20 am
    Below is an article that I wrote on the changing face of mentorship in the legal profession. I was asked to write it for a legal publication last year, but for space reasons they were not able to publish it. I think it’s an important topic so I’ll share. In this article, I focus on alternative forms of mentorship that take advantage of technology and the Internet to assist a new generation of lawyers who may have difficulty finding mentors upon passing the bar. Comments are always welcome.    

  • Stanford CodeX Speaker Presentation Video

    slkimbro
    8 May 2012 | 9:47 am
    Last week I gave a presentation at Stanford Law School entitled “Unbundling and the Future of Legal Service Delivery.” There was a good turnout and we had some great questions from the attendees at the end of the talk which I enjoyed. Thanks again to Stanford CodeX and the Stanford Center on the Legal Profession for inviting me out there to share my thoughts on these topics. I am introduced by Tony Lai, one of the founders of LawGives, a legal tech startup working with CodeX and StartX, that I also had the pleasure of spending time with while in Palo Alto. Below is the video…

  • CodeX Speaker Series Discussion at Stanford Law

    slkimbro
    20 Apr 2012 | 2:59 pm
    I’ll be giving a presentation at Stanford Law School on May 2nd as a speaker sponored by CodeX: Stanford Center for Computers and the Stanford Program in Law, Science and Technology, and the Stanford Center on the Legal Profession. The title of my presentation will be “Unbundling and the Future of Legal Service Delivery”. You can read more about it here. The event is free and open to the public. I’m looking forward to some challenging and productive discussion.  

  • Launch of Unbundling Book at ABA Techshow

    slkimbro
    4 Apr 2012 | 12:51 pm
    Last week at the ABA Techshow in Chicago, I was pleased to launch the publication of my new book on unbundling. Writing a book on limited scope services seemed like a logical next step in the process of reevaluating how the legal profession can adapt to the changes it faces as a result of disruptive technology, economic recession, Internet-empowered consumers and other factors that I discuss in the book. In my opinion, unbundling is a concept that underlies and works with all of the changes that legal visionaries like Richard Susskind, Jordan Furlong and others have been preaching to us for…

  • Release of iPad App for Virtual Practice

    slkimbro
    21 Mar 2012 | 12:24 pm
    Today, the Apple Apps Store has released the Total Attorneys practice management platform’s iPad and iPhone app.  This clean app allows a lawyer to operate a law practice from the iPad and/or iPhone with secure access to the virtual law office platform. Case and client management features are all integrated into the app, and it syncs with the full browser version of the software. It is free for lawyers who have subscribed to the Total Attorney’s platform ($1/month for the service). When I logged in for the first time, everything from my virtual law office was pulled in. I can…
 
  • add this feed to my.Alltop

    Florida Estate Planning Lawyer Blog

  • Adding Kids To Deeds Can Place Florida Homestead in Jeopardy to Creditors

    10 May 2012 | 8:28 am
    Joseph Percope has written an article The Impact of Co-ownership on Florida Homestead in the Florida Bar Journal that discusses the tree kinds of homesteads defined in a 1997 Florida Supreme Court case: The tax exemption; The Protection from Creditors; and The restrictions on alienation of homestead property in Florida. While most are primarily concerned with their tax breaks, as a Florida Estate Planning Lawyer we often deal with the second two more often in our planning. We see families attempting to avoid probate by adding kids on to deeds all the time. We also see parents who own part of…

  • Can a Florida Will Be Changed After Death?

    8 May 2012 | 8:04 am
    Historically a Florida Will could not be changed and had to be strictly complied with by in a Florida Probate. A recent change to Florida Probate allows for the court to step in and change the terms of a person's will when there is no question about what the terms when there is clear evidence that what the testator intended. Anyone can ask a court to change the terms of a Florida Will when there is clear and convincing evidence that a mistake of fac or mistake of law caused the will to reflect something other than the testator's true intent. Mistake of law is a legal principle referring to…

  • Florida Enhanced Life Estate Deed and Medicaid Planning

    4 May 2012 | 7:16 am
    A Florida Enhanced Life Estate Deed (sometimes called "The Lady-Bird Deed" is a tool used by Florida Estate Planning Attorneys, Florida Elder Law Attorneys, and other by Florida Lawyers to preserve the homestead for the benefit of the family and avoid a Probate in Florida. Upon the death of the homeowner's the property will pass to the people designated without the need for a costly probate process in much the same way as a bank account with a beneficary designation. Why Use an Enhanced Life Estate Deed? The Florida Enhanced Life Estate Deed provides a mechanism to bypass the probate process…

  • Jacksonville Gay and Lesbian Issues Lawyer with Breaking News

    3 May 2012 | 9:15 pm
    The fight for Jacksonville equality is reaching its crescendo. The Jacksonville City Council will soon consider legislation presented to them which if passed would offer protections to the LGBT community. Currently, the Jacksonville human rights ordinance does not provide protection for the gay community. That means that those persons who are gay, lesbian, and transgender have little to no shelter from discrimination in the workplace, housing, and public accommodations. There have been several Florida cities and municipalities that have amended or put in place legislation to protect this…

  • What are Probate Assets in Florida?

    1 May 2012 | 7:16 am
    Florida statutes define probate assets as those assets subject to a probate administration. There are several types of Probate in Florida which are discussed in our Free Florida Probate Handbook that you can request. Often it is easier to define which assets are not subject to probate. In Florida any asset with a surviving joint owner, valid payable on death designation, or contract clause which defines what happens to the asset upon death are not subject to probate. Often these include life insurance policies, annuities contract or retirement account with a transfer on death clause, jointly…
  • add this feed to my.Alltop

    Native American Legal Update

  • New Native American Studies Publications From UW Press

    Greg Guedel
    8 May 2012 | 11:12 am
    The University of Washington Press is pleased to announce new publications in Native American Studies. Ellavut / Our Yup'ik World and Weather Continuity and Change on the Bering Sea Coast -- Ann Fienup-Riordan and Alice Reardon Ellavut / Our Yup'ik World and Weather is a result of nearly ten years of gatherings among Yup'ik elders to document the qanruyutet (words of wisdom) that guide their interactions with the environment. In an effort to educate their own young people as well as people outside the community, the elders discussed the practical skills necessary to live in a harsh…

  • US Department of Labor Releases Proposed Tribal Consultation Policy

    Greg Guedel
    19 Apr 2012 | 10:55 am
    The U.S. Department of Labor today published in the Federal Register a proposed tribal consultation policy, creating a formal process through which the department will engage in consultation with federally recognized tribes on actions or policies that will have a significant impact on tribal nations. This policy would apply to any department action that affects federally recognized Indian tribes and requires that the department's government-to-government consultation involve both appropriate tribal and department officials. "The development of the Labor Department's tribal consultation…

  • New Billion-Dollar Settlement Announced For Tribal Land Claims Against US Government

    Greg Guedel
    12 Apr 2012 | 2:01 pm
    The US government has agreed to pay more than $1billion to 41 Native American tribes, settling a long-running series of lawsuits focused on federal mismanagement of land and natural resources belonging to Tribal communities.  This settlement is separate from the $3.4 billion Cobell settlement to compensate individual Native Americans for federal mismangement of trust assets. The Tribal land claims dated back more than 100 years, when tribal land was given to white-owned companies under the provisions of the Dawes Act.  The Department of the Interior manages nearly 56m acres of…

  • Seattle University Launches Landmark American Indian Law Journal

    Greg Guedel
    2 Apr 2012 | 4:38 pm
    “Running Eagle Takes Her Enemy” by Terrance Guardipee The Center for Indian Law and Policy at Seattle University has published the first edition of the American Indian Law Journal, a scholarly resource specifically tailored to advocates for Native American communities. In contrast to traditional law review journals that are expensive to buy and difficult to obtain, the AILJ is designed to be affordable and readily available to Tribal advocates through electronic access. You can read the first edition HERE. Editor-in-Chief Julia Pahlow, Managing Editor Bree Blackhorse, and…

  • Port Gamble S'Klallam Obtain Full Control Over Child Welfare Matters

    Greg Guedel
    29 Mar 2012 | 10:07 am
    After a decade-long effort in conjunction with the federal and state departments of Health and Human Services, the state Attorney General's Office, and tribal lawyers, the Port Gamble S’Klallam Tribe has achieved a landmark goal -- complete control over the welfare of their own children. The 1,000-member Tribe in western Washington became the first in the nation to assume all control of guardianships, foster care, and adoptions for their children. Under an agreement with the federal government, the Tribe has disengaged the oversight by DSHS and is now solely responsible for its…
 
  • add this feed to my.Alltop

    The California Employment Law Blog

  • Rehmani v. Superior Court: Court Reverses Summary Judgment in National Origin Discrimination Action

    Steven G. Pearl
    3 May 2012 | 9:06 pm
    In Rehmani v. Superior Court (Ericsson, Inc.) (3/29/12) --- Cal.App.4th ---, plaintiff Mustafa Rehmani filed suit against his former employer, Ericsson, and several co-workers, alleging that he suffered harassment based on his Pakistani national origin and Muslim religious beliefs. The trial court (Santa Clara County Superior, Hon. Kevin McKenney) granted Ericsson's motion for summary adjudication of Rehmani's harassment claims, finding that "Plaintiff was not subjected to unwelcome harassment based on religion and/or national origin, and/or the harassment did not unreasonably interfere with…

  • Kirby v. Immoos: Supreme Court Holds that Parties Cannot Recover Attorney Fees in Rest Period Actions

    Steven G. Pearl
    1 May 2012 | 7:29 pm
    In Kirby v. Immoos Fire Protection, Inc. (4/30/12) --- Cal.4th ---, the California Supreme Court considered whether a defendant can recover its attorney fees when it prevails in an action for meal and rest period compensation under California Labor Code section 226.7. The Court held that the answer is no, and neither can a successful plaintiff. Plaintiff Anthony Kirby worked for a contractor, IFP. He filed suit, alleging that IFP violated a number of wage and hour laws. He also named a number of doe defendants, alleging that they were liable under Labor Code section 2810 because they…

  • Harris v. Pac Anchor: Cal. Supreme Court to Federal Preemption in Independent Contractor Misclassification Action

    Steven G. Pearl
    1 May 2012 | 10:00 am
    In People ex rel. Harris v. Pac Anchor Transportation, Inc. (5/18/11) 195 Cal.App.4th 765 (blogged here), the Court of Appeal held that the Federal Aviation Administration Authorization Act ("FAAAA") does not preempt an action alleging that a motor carrier violated the Unfair Competition Law ("UCL") by misclassifying its employee drivers as independent contractors. I blogged Pac Anchor when it came down, but I failed to note that the California Supreme Court granted the employer's petition for review on August 10, 2012. The issue presented is as follows:  Is an action under the Unfair…

  • Brown v. Ralphs Grocery: Supreme Court Denies Certiorari

    Steven G. Pearl
    27 Apr 2012 | 1:08 pm
    In Brown v. Ralphs Grocery Company (2011) 197 Cal.App.4th 489, the Court of Appeal held that an employer could not enforce an employee's waiver of the right to bring a representative action under the 2004 Labor Code Private Attorneys General Act ("PAGA"). Cal. Lab. Code 2698 et seq. The Court distinguished AT&T Mobility v. Concepcion on grounds that Concepcion "does not purport to deal with the FAA's possible preemption of contractual efforts to eliminate representative private attorney general actions to enforce the Labor Code." The California Supreme Court denied the employer's petition…

  • Kirby v. Immoos: Supreme Court to Issue Decision Monday

    Steven G. Pearl
    27 Apr 2012 | 12:42 pm
    The California Supreme Court just announced that it will publish its decision in Kirby v. Immoos Fire Proection on Monday.  Kirby raises the  the following issues: Does Labor Code section 1194 apply to a cause of action alleging meal and rest period violations (Lab. Code 226.7) or may attorney's fees be awarded under Labor Code section 218.5? Is our analysis affected by whether the claims for meal and rest periods are brought alone or are accompanied by claims for minimum wage and overtime? The decision is early. The 90-day deadline was not set to expire until June 4.
  • add this feed to my.Alltop

    The Securities Law Blog

  • Introduction to Private Placements

    15 May 2012 | 7:32 pm
    Is the economy picking up?  One of SECLaw's most popular articles is getting hits like crazy. Here

  • Accredited Investor Definition

    14 May 2012 | 10:56 am
    The question keeps coming up, so I thought a new blog post was in order. The question - what is the definition of an accredited investor for purposes of Reg D?For years, the definitions that most are familiar with are: a natural person who has individual net worth, or joint net worth with the person’s spouse, that exceeds $1 million at the time of the purchase, excluding the value of the primary residence of such person; ORnatural person with income exceeding $200,000 in each of the two most recent years or joint income with a spouse exceeding $300,000 for those years and a reasonable…

  • Facebook IPO Opportunity for Fraudsters?

    14 May 2012 | 8:01 am
    From the Sun-Sentinel, as the Facebook IPO arrives, not only are investors lining up for what they hope will be a golden opportunity, but so are scammers. The combination of heavy hype, potentially lucrative returns and starry-eyed novice players in the equities market have created ripe conditions for con artists to operate, according to financial regulators and securities attorneys. People are being warned to be especially careful about offers to purchase private shares of Facebook before the initial public offering (IPO) of stock expected later this week.'It's the hottest IPO in years and…

  • JPMorgan's Big Loss: Explain it to Me

    14 May 2012 | 7:06 am
    JPMorgan announced last week that it lost 2 billion dollars over the past six weeks. The local newspapers and talking heads made a huge deal about it. After all, it is 2 BILLION dollars, and the implied worries that the bank will go under, the economy will collapse and there were will be general mayhem abound.However, that loss will not crash the bank, or anything else. According to the real money media, JPMorgan has more assets than any other bank in the country. Its net loss for the quarter is estimated to be $800 million and the bank made $5.4 billion in the first three months of the year…

  • Hollywood Movie Producer and Others Charged with Insider Trading - What is Going On Here?

    9 May 2012 | 7:23 am
    There was a time when insider trading was limited to securities professionals with superior access to information. Then along came the employees in financial printing firms, who has superior access to information regarding tender offers and hostile takeovers. And then it became a thing with loading dock workers, NYC taxi drivers, pizza shop owners, computer repair techs and just about everyone.Then the SEC cracked down, and at least from my perspective it got quiet. We would see an occasional investigation of a technical analyst who followed a handful of stocks for years and hit it big on…
 
  • add this feed to my.Alltop

    Allen & Allen Law Blog

  • Allen & Allen Awarded 2nd Place in the 2012 Legal Food Frenzy Benefiting Virginia Food Banks

    ejk
    14 May 2012 | 8:00 am
    This year Allen & Allen attorneys and staff donated 38,573 pounds of food securing 2nd Place for Most Pounds Raised Per Capita in the Large Firm Category in the 6th Annual Legal Food Frenzy. The Legal Food Frenzy is a friendly annual competition among Virginia law firms to raise food and monetary donations for the Central Virginia Food Bank. This year’s contribution brings Allen and Allen’s total donations over five years to 135,230 pounds of food. Legal Food Frenzy donations make up the single largest annual contribution to FeedMore, a nonprofit coalition that includes Community…

  • George E. Allen Scholarship Recognizes High School Students Overcoming Adversity in Its 21st Year

    ejk
    11 May 2012 | 1:26 pm
    On May 8, 2012, fifteen deserving Virginia high school seniors, chosen from over 400 applicants, were awarded the George E. Allen Scholarship at Lewis Ginter Botanical Gardens by the personal injury law firm of Allen, Allen, Allen & Allen. The firm’s Scholarship Program, now in its 21st year, recognizes students who have overcome unusual obstacles or special challenges, while achieving high standards of community service and academic performance. Congratulations to: Dannielle Addison, North Stafford High School – Plans to attend Shenandoah University Daniel Barnhart, Spotswood High…

  • Allen, Allen, Allen & Allen Sponsors FREE Sober Rides Home from Innsbrook After Hours 2012

    ejk
    7 May 2012 | 8:00 am
    The personal injury law firm of Allen, Allen, Allen & Allen, one of Virginia’s oldest and largest personal injury law firms, announced today FREE Sober Rides Home from the 2012 Innsbrook After Hours concert series. This community initiative is a continuation of Allen & Allen’s 2011 Sober Ride Home program designed to keep Greater Metro Richmond area streets safe. Allen, Allen, Allen & Allen will provide a FREE Sober Ride Home to anyone leaving Innsbrook After Hours (www.innsbrookafterhours.com) summer concert series beginning May 9, 2012 in Greater Metro Richmond,…

  • Immigration Status and the Right to Sue for Personal Injury

    ejk
    30 Apr 2012 | 9:23 am
    Author: Tamara L. Jezic, Fredericksburg Personal Injury Attorney Fredericksburg Injury Attorney Tamara Jezic As a Spanish-speaking personal injury attorney, I have had the privilege of representing many immigrants in personal injury cases.   Regardless of immigration status, immigrants have the right to sue for injuries caused by the negligence of others, and have the right to claim earnings lost as a result of their injuries. The Supreme Court of the United States has long held that lawfully admitted resident aliens have the same right to sue for personal injury as U.S. citizens, because…

  • Bankruptcy and Personal Injury Claims

    ejk
    25 Apr 2012 | 9:15 am
    How bankruptcy could affect your personal injury case Author: Attorney J. David Douthit Richmond Accident Lawyer J. David Douthit [Neither the author nor the firm of Allen & Allen practices bankruptcy law or advises clients in bankruptcy matters.  This article is intended only to give an overview of personal injury law practice as it is affected by bankruptcy.  - Editor’s note.] A recent decision by the Virginia Supreme Court, Kocher v. Campbell, 282 Va 113 (2011),[1] has significant implications for personal injury claims.  In that case, the plaintiff was injured in a car…
  • add this feed to my.Alltop

    Decoupling Seattle Family Law and Divorce Blog

  • With Glass Ceiling “Pierced”, More Women Pay Spousal Support

    liz
    10 May 2012 | 12:59 pm
    Although “alimony” is still commonly perceived to be a man’s burden, more and more women are providing financial support to their exes during or after a divorce. A recent survey of the members of the American Academy of Matrimonial Lawyers indicates that 47% of American divorce lawyers have seen an increase in the number of women ordered to pay…

  • Do I Need a Prenuptial Agreement?

    liz
    4 May 2012 | 1:33 pm
    Question My fiance and I are getting married this summer. A couple of nights ago, he mentioned that one of his buddies said we should look into getting a prenup before the wedding.  Neither of us have much property to speak of, and my fiance’s small business is still getting off the ground. Is this really something we need? …

  • Painful Memories Transformed Into “Representations of the Unconscious Self.”

    liz
    27 Apr 2012 | 5:32 pm
    For the last ten years, artist Mercedes Gertz has been turning painful artifacts – wedding photos from doomed marriages – into stunning works of art.  Using a scanner, Gertz and her collaborator, Nancy Louise Jones, transform unwanted bridal portraits into mandalas – circular diagrams that originated in Hindu and Buddhist spiritual artworks. Karl Jung once deemed  mandalas “a representation…

  • Can I Get Custody of My Niece?

    liz
    17 Apr 2012 | 12:05 pm
    Question My younger sister has a seven year old daughter. The dad’s been out of the picture for years, and lately my sister has too. While I don’t know for sure, I suspect that my sister is abusing drugs.  She lost her job about a year ago, and since then she’s been relying on me for “baby-sitting” more and more…

  • Finding “Fault” in the (Silly) Little Annoyances.

    liz
    13 Apr 2012 | 12:33 pm
    Unlike in the U.S., where “no fault” divorces are now standard in every state, family courts in England still require a finding of spousal misconduct before a divorce will be granted.  Along with adultery or abandonment, an aggrieved spouse may cite “unreasonable behavior” as the grounds for divorce.  According to some lawyers there, this often means that divorcing parties have…
  • add this feed to my.Alltop

    New Jersey Attorney Law Review Blog

  • Bank Acquiring Title To Property At Foreclosure Sale Not Liable For Fire Code Penalties, Says NJ Appeals Court

    Glenn R. Reiser
    23 Apr 2012 | 9:57 am
    Given the substantial number of property foreclosures in recent years,  I frequently report on decisions involving foreclosure law.   In a case of first impression, on March 29, 2012, the New Jersey Appellate Division held that municipal fines/penalties imposed against the property owner under New Jersey's Uniform Fire Safety Act were wiped out by the bank's foreclosure of the property owner's mortgage.   Pitman v. Monroe Savings Bank, Superior Court of New Jersey, Appellate Division, Docket No.: A-3110-10.  This case interprets N.J.S.A. 52:27D-192 et. seq. known…

  • New Jersey Juror Declared In Contempt For Googling During Jury's Deliberations

    Glenn R. Reiser
    28 Mar 2012 | 10:39 pm
    In what appears to be a case of first impression in New Jersey, a Bergen County judge fined a jury foreman $500 for Googling possible sentencing penalties for a defendant in a drug case. The jury's deliberations ended in a mistrial after he shared his concerns with fellow jurors. In the Matter of Daniel Kaminsky, Superior Court of New Jersey, Bergen County (March 13, 2012).   As wonderful as modern technology has become, this case demonstrates how the availability to readily access the Internet from almost anywhere on hand held devices and smart phones can negatively impact the sanctity…

  • Reverse Mortgage Monthly Payments Subject to Judgment Execution Creditors' Attachment, NJ Appeals Court Says

    Glenn R. Reiser
    26 Mar 2012 | 6:15 pm
    In a decision published on March 8, 2012 involving a novel issue in New Jersey debtor/creditors' rights laws, a New Jersey appellate panel held that a mortgage company's obligation to make monthly payments to a homeowner pursuant to a reverse mortgage is subject to attachment by a creditor holding a judgment against the homeowner. Cameron v. Ewing, Superior Court of New Jersey, Appellate Division, Docket No. A-3628-10T2.The trial court determined that the monthly stream of reverse mortgage payments were beyond the reach of judgment creditors, and thus denied the creditor's motion to compel…

  • NJ Appellate Division Shows Less Tolerance For Untimely Filed Civil Appeals

    Glenn R. Reiser
    26 Mar 2012 | 11:02 am
    New Jersey Court Rule 2:4-1(a) requires appeals from final judgments in civil cases to be taken within 45 days of the entry of final judgment.  As the Rule clearly states, the 45-day appellate period starts to run when the judgment or order appealed from is entered. Pogostin v. Leighton, 216 N.J.Super. 363, 370 (App. Div. 1987). As with most court rules there are usually exceptions, and this rule is no different.   The 45-day appeals period is tolled or stayed by the limited number of events cited in Rule 2:4-3(c), including a timely motion for reconsideration filed pursuant to…

  • New Jersey Law Prevents Judgment Creditors From Forcing Sale of Jointly Held Real Estate Unless Judgment Is Against Both Property Owners

    Glenn R. Reiser
    3 Aug 2011 | 10:54 am
    'This question frequently arises in the context of consulting with married couples who own jointly held real estate and a creditor has obtained a civil money judgment against only one of them.  The most typical example is when either the husband or wife personally guarantees a business debt, the business ultimately fails or the husband or wife defaults on the loan, and the creditor files suit and recovers a judgment on the personal guaranty.   Under New Jersey law can the judgment creditor of one spouse compel a court to order the sale of their jointly held marital…
 
  • add this feed to my.Alltop

    Timelessly - Building Professional Firms Without Timesheets

  • How to get people to do what you want (in six minutes)

    Jay Shepherd
    26 Apr 2012 | 9:04 am
    Here is the six-minute "LexThink .1" speech I gave in Chicago in March at the ABA TechShow. In it, I explain the three simple steps you need to take to get someone to do what you want. LexThink follows the "Ignite" speech format: six minutes, 20 slides, 18 seconds per slide, advancing automatically with no control by the speaker. Enjoy. And if you want the free Result Triangle worksheet, it's right here. You can print it out and use it right now to help solve whatever problem you're facing.

  • Noon to four is not a time. It's a cop-out

    Jay Shepherd
    27 Feb 2012 | 7:24 am
    Short post over at the new jayshep.com on how appliance-repair companies and other providers can't seem to schedule appointments. Wow: something lawyers do right when it comes to time.

  • What Kina Grannis can teach professionals about marketing

    Jay Shepherd
    22 Feb 2012 | 9:20 am
    Have you seen the video with all the jelly beans? If you ever spend any time on Facebook or surfing through YouTube videos, you probably know what I'm talking about. In late 2011, singer-songwriter Kina Grannis debuted a video to her song "In Your Arms." It took 288,000 Jelly Belly jelly beans and nearly two years of planning and stop-action photography to create the three-minute video. Since its release in November 2011, 5.4 million people have watched it on YouTube. The video directly led to Grannis's appearances on Ellen and The Jimmy Kimmel Show. At the moment, she's on the European leg…

  • Playing to win: Survivor contestants and lawyers

    Jay Shepherd
    17 Feb 2012 | 3:12 pm
    This week saw the season premiere of the still-successful CBS reality show Survivor. Remarkably, this is the series' 24th season; CBS has aired two seasons every year since 2000. (If you haven't seen the show, well, where've you been? Don't worry, though: I wrote about it over at Gruntled Employees back in 2010 — "Why employment law is like "Survivor.") An interesting and unfortunate thing happened during the first "immunity challenge" between the two tribes, who this season are split along gender lines. The challenge featured a difficult obstacle course that began with a leap from a…

  • One word that will reinvent how you serve clients

    Jay Shepherd
    13 Feb 2012 | 11:31 am
    Want to know what that one word is? Here are two easy ways to find out: Go grab your nearest unabridged dictionary. Turn to page one. Start going through each defined word one at a time. You'll get to it eventually. (OK, maybe that’s not so easy.) Go to the LexThink.1 site and vote for my proposed talk, “One Word That Will Reinvent How You Serve Clients.” Just click on the handy "vote" icon (see image). Voting ends February 24. There are 23 other proposals from a rogue’s gallery of big legal thinkers, and only the top 12 will be selected. Your vote will make a difference. Then come to…
  • add this feed to my.Alltop

    Construction Law Musings- Richmond, VA

  • A Lien Change for the Better (Guest Post at ZLien)

    Christopher G. Hill
    15 May 2012 | 2:20 pm
    During the recent General Assembly session, the Virginia legislature made a great change to the Virginia mechanic’s lien statute.  I blog about it at the Zlien Blog. Here’s an excerpt of my post. The recent changes to Va. Code §43-3 (effective July 1, 2012) clarify several points regarding the allocation of lien amounts to individual lots.  The main points of clarification are as follows: Common areas are explicitly excluded from the “denominator” of the lien allocation equation.  In other words, where there are 10 home sites and one common area, a site or utility…

  • ConsensusDOCS Hits the Cloud

    Christopher G. Hill
    14 May 2012 | 8:00 am
    ConsensusDOCS General Contracting Contractual Relationships (Photo credit: Wikipedia) I have discussed the ConsensusDOCS here at Musings on a few occasions.  These relatively new form documents, endorsed by the AGC among other trade organizations, are a great counterpoint to the AIA documents that we all are more than familiar with and as construction attorneys and contractors have likely reviewed on numerous occasions. Recently, these documents have joined the parade and have taken to the cloud.  The folks at ConsensusDOCS made this move to ease the type of collaboration that I have…

  • Fraud, Construction Contracts and Change Orders- A Roundup

    Christopher G. Hill
    11 May 2012 | 8:00 am
    Originally posted 2009-10-12 09:00:00. Republished by Blog Post PromoterMusings will be leaving the “green” reservation for a bit and discussing more mundane, though no less relevant, issues that arise in the construction world. One interesting note is that the Virginia Storm Water Regulations were recently updated and are open to public comment. If you are affected by these regulations, be sure to make your voice heard. On the construction law front, the Virginia courts are busy as always.  Two recent cases stand out to me.  The first is a Virginia Supreme Court case, Dunn…

  • The Achilles Heel of the “Super O”

    Christopher G. Hill
    11 May 2012 | 8:00 am
    For this week’s Guest Post Friday here at Musings, we welcome back Rob Mathewson (@geedrarob) of Geedra. Rob has spent twenty years in sales and marketing management roles with experience in industrial, consumer and construction markets. Rob believes the construction industry is ripe for innovation, based on its massive size, yet low productivity. Even with such inefficiencies, a building still rises from the ground. Rob’s goal with Geedra is to leverage technology to increase transparency and communication so that projects can be completed with less risk, effort and cost. Prior to…

  • Be Careful with “Green” Construction

    Christopher G. Hill
    7 May 2012 | 9:11 am
    UT Dallas 74,000-square-foot (6,900 m2) Student Services Building (Photo credit: Wikipedia) As readers of Construction Law Musings can attest, I am an enthusiastic (if at times skeptical) supporter of sustainable (or “green”) building.  I am solidly behind the environmental and other benefits of this type of construction.  However, I have likened myself to that loveable donkey Eeyore on more than one occasion when discussing the headlong charge to a sustainable future.  While I see the great benefits of a privately built and privately driven marketplace for sustainable (I…
  • add this feed to my.Alltop

    Class Action Fairness Act Blog

  • Thorogood Tried 1 Bourbon, 1 Scotch, 1 Beer, and Got Slammed

    11 May 2012 | 6:30 am
    Thorogood v. Sears, Roebuck and Co., No. 10-2407, 2010 WL 4286367 (7th Cir. (Ill.) Nov. 02, 2010). Wanna tell you a story, About the house-man blues This story of house-main blues is about a dryer instead of being able to pay the rent. The plaintiff, Steven Thorogood (Editors’ Note: we have no idea if he is related to George, but wouldn’t that be cool?), a buyer, brought a class action against the defendant, a seller of dryers and all sorts of other stuff, alleging that the defendant deceptively advertised that its dryer had stainless steel drums whereas part of the drum was…

  • This Subprime Bubble Will Burst in State Court

    10 May 2012 | 6:30 am
    Mireles v. Wells Fargo Bank, N.A., et al, 2012 WL 84723 (C.D. Cal. Jan. 11, 2012). In an action brought by borrowers alleging fraudulent and negligent misrepresentation against national banks, a district court remanded the case to state court, finding that the defendants primarily failed to meet their burden to establish that this was a mass action under CAFA. The borrowers brought an action in the Los Angeles Superior Court alleging fraudulent concealment, misrepresentation, and violation of California’s Unfair Competition Law (“UCL”) relating to the way the defendants…

  • Amend a Complaint to Add a Few Billion Dollars and a Few Thousand Plaintiffs and, Voila!, a Defendant's Right to Remove is Revived (Say that last part five times fast).

    9 May 2012 | 6:30 am
    MG Building Materials, Ltd. v. Paychex, Inc., 2012 WL 201725 (W.D.N.Y. Jan. 23, 2012). A district court in New York retained jurisdiction over an action, finding that when an amended complaint alters the very nature of a suit and virtually makes it a “new action,” the defendant’s right to remove is “revived.” The plaintiffs in this action, MG Building Materials, Ltd. and Excellence Mortgage, Ltd., originally filed suit against the defendant, Paychex Inc., in a Texas state court, asserting breach of contract and other claims arising out of a payroll administration…

  • State of South Carolina has a Real Interest in Making Sure its Citizens TV Viewing is Not Hampered by Price Fixing

    8 May 2012 | 6:30 am
    South Carolina v. LG Display Co., Ltd., No. 3:11–cv–00729–JFA, 2011 WL 4344074 (D.S.C. Sept. 14, 2011) and South Carolina v. AU Optronics Corp., No. 3:11-cv-00731-JFA, 2011 WL 4344079 (D.S.C. Sept. 14, 2011). A District Court in South Carolina held that under a parens patriae action (that is a fancy law school word for a lawsuit brought by the state on behalf of its citizens), the State has a quasi-sovereign interest in bringing an action to enforce its laws and disgorge the proceeds of ill-gotten gains on behalf of its citizens who fell victim to TV picture…

  • Plaintiff Apparently Fails to Learn how to Discern Advertising Bullsh*!

    7 May 2012 | 6:30 am
    Bank v. Hydra Group, LLC, No. 10–4085–cv., 2011 WL 4494380 (2d Cir. Sept. 29, 2011). A California plaintiff brought a putative class action against Hydra Group LLC claiming that it sent him and others unsolicited commercial e-mail advertisements in violation of § 17529.5(a)(3) of the California Business & Professional Code. (Each night as I say my prayers I pray for peace in the Middle East and that all unsolicited emails and faxes will cease.) Section 17529.5(a)(3) makes it unlawful for any person or entity to send a commercial e-mail advertisement from…
 
  • add this feed to my.Alltop

    Lowering the Bar

  • Things You Might Like to Buy In Which I Have No Financial Stake Whatsoever

    Kevin
    15 May 2012 | 9:50 am
    Seems like that headline is pretty self-explanatory, so let's get to it: Wainwright for the People is a forthcoming young-adult book by Joel Rothman and Stacey Ballis that's intended to teach basic civics lessons about the legal system. It's in the form of a legal thriller but would be accompanied by student and teacher guides for classroom use. In a blatant and entirely successful bribe to get me to mention it, Joel has suggested that the book may include a reference to Lowering the Bar, which would be (1) awesome (2) not a "financial stake" of the sort disclaimed in my headline and (3)…

  • Assorted Stupidity #38

    Kevin
    14 May 2012 | 7:00 am
    For those of you who are not entirely clear on how to wash your hands, here's a handy instructional video on the subject created by the county council of West Sussex in the UK. Some residents were upset when the council revealed in March that it had spent over £100,000 to make 92 such videos, covering not just hand-washing but also such perplexing topics as how to use a compass and how to make a phone call. "I have my phone firmly in my right hand," said the star of the latter video, "and then select the digit of choice, in my case the left index finger." Presumably there is a separate video…

  • Never Grip a Tent in a Windstorm

    Kevin
    10 May 2012 | 9:29 am
    I don't know how many times this has happened to me: Isle J_____ v. Rotary Club of Simi Sunrise, No. 56-2012-00416828 (Ventura County Superior Ct. May 4, 2012) Personal injury. While plaintiff was attending the Cajun Creole Music Festival, the tent next to plaintiff was uprooted by a strong gust of wind and lifted into the air. Plaintiff was carried into the air with the tent in excess of 10 feet when she lost her grip on the tent and fell. Plaintiff is asking for lost wages, medical expenses, and general damages. Paid download [Courthouse News Network] Wait, yes I do: no times. It seems…

  • Phoenix Jones Apparently Has a Nemesis

    Kevin
    8 May 2012 | 7:00 am
    "Rex Velvet" describes himself as a "supervillain," but I'd probably be rooting for him if there were ever actually a showdown with Jones and his crew. Given the excellent production values, this is probably just a gag (and a good one), but on the other hand at least some supervillains did have some pretty decent technology. (via KXLY.com in Spokane)

  • Please Don't Hurt Nessie, Either

    Kevin
    7 May 2012 | 12:52 pm
    Speaking of cryptozoology, Wisconsin's Department of Natural Resources would like whoever put a sculpture of the Loch Ness Monster in the Chippewa River to come get it out of there. I guess this would be pseudocryptozoology. According to the report, the sculpture appeared in the river near Eau Claire, Wisconsin, sometime during the last couple of weeks, placed there by an anonymous artist. It is made of cement with red bottle caps for eyes. A local art professor described it as an example of "guerilla installations" of art, sort of like solid graffiti. "Based on the monster's friendly look…
  • add this feed to my.Alltop

    Ohio Family Law Blog

  • Shocked at Your Partner’s Behavior During Divorce?

    Guest Contributor Donna F. Ferber, LPC, LADC
    12 May 2012 | 5:00 am
    Frequently, a spouse is incredulous at their partner’s behavior during divorce. Why do we expect people to be on their best behavior during divorce? Does anyone actually behave better under stress? If you had a tendency to anxiety in your marriage, you are probably climbing the walls. If your spouse was controlling during the marriage, then s/he is probably exhibiting dictator-like characteristics. And if either of you had a tendency toward alcohol or drug abuse or domestic violence of any kind, then you can expect those frightening behaviors to escalate. Divorce is not a catalyst for our…

  • Custody and Smoking Issues

    John C. Meehling
    5 May 2012 | 5:00 am
    Custody and Smoking Issues If you smoke cigarettes, there’s a good chance that at some time in your past you’ve made a pact with a friend who also smoked that the two of you were going to try to quit smoking together, but you just couldn’t hold up your end of the deal.  In another attempt to quit smoking, maybe you’ve tried one of those “patches” but that didn’t do the trick either.  Perhaps you’ve seen those controversial commercials on T.V. where disfigured long-time smokers describe the major health problems that smoking has caused to their bodies, but today you remain a…

  • Complicit: Tattletaling Required on Local Ohio Campuses

    Jessica M. Shively
    28 Apr 2012 | 5:00 am
    Complicit : Tattletaling Required on Local Ohio Campuses Students at local universities should be more aware of their surroundings while on their school’s campus.  Few students are aware that both University of Dayton (UD) and Wright State University have a charge called “Complicit” within their Codes of Conduct.  The charge of “complicit” allows the schools to discipline students who have not actually engaged in behavior that violates the Codes, but who have witnessed that behavior in other students. Complicit Charge in University of Dayton’s Code of Conduct At UD, the Code…

  • Fatherhood Leads to Drop in Male Testosterone Levels

    Anne Shale
    21 Apr 2012 | 5:00 am
    New Study: Fatherhood Leads to Drop in Male Testosterone Levels! On September 12, 2011, the New York Times published an article regarding a recent study of six hundred (600) men in the Cebu Province of the Philippine Islands. The research study measured the testosterone levels of men when they were age twenty-one (21), single and without children, and again five years later after some had entered fatherhood. Fatherhood resulted in a great decline in testosterone levels when compared to the men who remained childless. What is testosterone? Testosterone, called the “Father of All Hormones”,…

  • Parenting Tips on Gifts and Teens Who Don’t Want to Visit

    Robert L. Mues
    14 Apr 2012 | 5:00 am
    For those of you who follow our blog, you already know that local child psychologist Dr. Greg Ramey is a frequent contributor.  Dr. Ramey is the vice president for outpatient services at Dayton Children’s and writes FamilyWise, a weekly parenting column in the Dayton Daily News that is distributed through the New York Times wire service. He is also a clinical assistant professor of pediatrics at Wright State University Boonshoft School of Medicine.  From time to time, Dr. Ramey publishes in his Sunday column in the Dayton Daily News letters or emails that he has received from parents…
  • add this feed to my.Alltop

    AttorneySync

  • Beware of the Penguins (Update)

    Gyi Tsakalakis
    7 May 2012 | 1:53 pm
    Remember these commercials? Well it looks like Penguins are once again on many people’s minds. That’s because of Google’s recent webspam update, that has been adorably dubbed Penguin. So What Is It? From the horse’s mouth: In the next few days, we’re launching an important algorithm change targeted at webspam. The change will decrease rankings for sites that we believe are violating Google’s existing quality guidelines. We’ve always targeted webspam in our rankings, and this algorithm represents another improvement in our efforts to reduce webspam and promote…

  • What Are Your Most Important SEO Techniques?

    Gyi Tsakalakis
    24 Apr 2012 | 8:50 am
    There are a lot of questions you can ask a prospective search engine optimization consultant to gain perspective about their knowledge, skill and experience. To me, one of the most important of these questions is: What are your most important SEO techniques? Worst Answer: It’s a secret. If your prospective SEO consultant won’t tell you what they plan to do on your behalf, politely move along. In the best case, secretive SEOs will “do stuff” that will have little or no impact on your site’s visibility within search results. In the worst case, they’ll get…

  • Stay Away From Sites That Promise “SEO Scores”

    Jeff Berman
    23 Apr 2012 | 10:07 am
    I had a client contact me the other day concerned over an “SEO score” she received. I should preface that the client has done very well with her online marketing and SEO campaign. She is driving significant traffic, leads, and new cases through her online efforts. However, she came across a website recently that professed it would distill her SEO efforts down to a “score” so could see “how well she was doing”. The Offering This particular site, although there are many like it, asks you to enter your website address and it will create an SEO report as well…

  • Law Firm Web Design and Content Guidelines for Search

    AttorneySync
    19 Apr 2012 | 9:23 am
    One of the most important, yet most neglected, steps in launching a law firm website is planning it with search engine guidelines in mind. There are a variety of simple mistakes that lawyers make in rushing to get their sites live, that can have significantly negative consequences as to how the site performs in search engines. Google provides some pretty comprehensive guidelines for webmasters. With regard to design and content, Google recommends: Make a site with a clear hierarchy and text links. Every page should be reachable from at least one static text link. Offer a site map to your…

  • Rankings ≠ Traffic ≠ Inquiries ≠ Clients

    AttorneySync
    18 Apr 2012 | 10:16 am
    Rankings don’t necessarily translate to traffic, which doesn’t necessarily translate to inquiries, which don’t necessarily translate into new clients. And this may seem obvious to you. However, when lawyers begin to “investigate” internet marketing for their law firms, it often goes something like this: Perform a search for some combination of practice area, location and legal modifier (i.e. chicago injury lawyer). See “who comes up” on the search results page. Click on a few of the websites that “rank” highly for a couple search phrases.
 
  • add this feed to my.Alltop

    3 Geeks and a Law Blog

  • Lying, Cheating, Fudging… 'meh…

    15 May 2012 | 4:00 am
    Image [cc] lorzzzzzzz When I get up in the morning, I usually look over the day's news feed via Google News, and my wife will occasionally chime in with the question "So, is the world going to Hell in a hand basket again this morning?" Which I usually reply, "yep…" then I laugh (because otherwise I'd have to cry.) Whether it is Scott Thompson lying on his resume, Dewey LeBoeuf fudging its AmLaw 100 revenues and profits, or some college student downloading a paper off the Internet and putting her name on it, it all points to an attitude of lack of ethics/morals, or simply…

  • The Next Generation of Computers Practicing Law

    14 May 2012 | 4:00 am
    Image [cc] estudioquimbya Last weeks's post from Toby on "The First Time I Saw a Computer Practice Law" jogged my mind of my recent trip to Georgetown Law School and talking to Roger Skalbeck about assigning his class called "Technology, Innovation and Law Practice." The major assignment for the class was to create an application that could be used in the practice of law. At the end of the course, there was a competition called "The Iron Tech Lawyer" where the students displayed their creations to a panel of judges and explained how the technology worked to assist (or replace) the lawyer in…

  • Thinking about What Makes a Blog a Blog

    11 May 2012 | 1:45 pm
    I was recently discussing with someone what exactly makes a blog a blog. Is it the interactivity, the commenting, the archiving? Perhaps the cloud tags, the permalinks or the reverse-chronological order? In my mind, all of these elements are not only optional but also secondary to the most critical aspect of a blog: RSS. Most of you know what RSS means: real simple syndication. This is code that is embedded into a web page and not apparent on the page but is picked up by search engines and RSS readers when a page has been updated with new content. I think that folks mistakenly believe that…

  • Are Service Partners Second Class Citizens?

    11 May 2012 | 5:08 am
    Following up on the post about The Dewey Situation, I had seen some dialog about how service partners are becoming second class citizens. First off – I define service partner as a partner with sufficient legal skills, but not one with a sufficient book of business. These are typically very good lawyers and their role is focused on overseeing major client work, but not as the one who brings the client and work in the door. There is much information in the market that suggests that firms may have too many partners, at least for the level of work they currently service. Many times service…

  • Print Is Dead… Deal With It?

    10 May 2012 | 11:07 am
    One of the listservs I joined early in my law library career was Teknoids (way back in 1997 or 1998.) Although it is made up primarily of techies in law school libraries and IT departments, I still love the conversations that go on. The conversation on what was titled "Everybody's Favorite Topic…" was on what law schools will do since Westlaw is no longer going to support free printing for students, but will leave the printers for the law schools as a gift, just in case they want to pick up the tab for students printing out cases. Paul Birch from the University of Richmond School of Law (at…
  • add this feed to my.Alltop

    The High-touch Legal Services® Blog • For Startup Companies

  • How Can I Make Sure I Receive My Full Royalty?

    Dana
    26 Apr 2012 | 6:00 pm
    Intellectual property license agreements often include a provision by which the licensor is paid a royalty that is calculated as a percentage of the revenue received by the licensee from licensed products. Given that licensees have a financial incentive to reduce the amount of revenue that is reported*, the prudent licensor includes an audit provision in the license agreement. The audit provision typically: Specifies the frequency and nature of audits that may be conducted; Provides that the licensee will pay any underpayment amount that is discovered plus interest; and Obligates the licensor…

  • You Can’t Use “Corp” in the Name of an LLC (in CA or NY)

    Dana
    23 Apr 2012 | 7:29 pm
    This post is based on a question that I answered on Quora. (The answer focuses on NY, because that was the questioner’s state, and CA, because that is where I practice.) Q. Can I use the word “Corp” in the name of an LLC (for example, AcmeCorp LLC or WhateverCorp LLC)? A. No. NY LLC Law Section 204(e) states, inter alia, that the LLC name may not contain “corporation” or “incorporated” or any abbreviation or derivative thereof. This prohibition is not unique to NY. California Corporations Code Section 17052(d) has a similar prohibition for LLC names.

  • SVForum East Bay Series: Improving Fundability with Social Media

    Dana
    13 Apr 2012 | 10:35 pm
    The evening of Wednesday, April 18, I will moderate SVForum’s East Bay Series program “Improving Fundability with Social Media”. Program description: Social media such as Facebook, Twitter, and Google+ have clearly woven themselves into the very fabric of our personal and professional lives. Their simple and intuitive user experience, and the effective and efficient means they provide to connect people, brands, and consumers are transforming the very way business is conducted. It’s natural that so much of the innovation funded by the venture community is connected in…

  • Why You Shouldn’t Use a Finder to Find Venture Capital

    Dana
    9 Apr 2012 | 9:46 pm
    I recently spoke with three  startup entrepreneurs who had just retained a finder to locate venture capital in exchange for an equity stake in the form of warrants (the right to purchase shares at a specified price by a specified date). They got very nervous when, after reading their agreement with the finder, I told them the business and legal reasons why retaining the finder was a bad idea: The finder would start by sending nondisclosure agreements to targets – but VCs generally will not sign NDAs and are likely to think the entrepreneurs don’t know what they are doing. The…

  • What Happens if the Board Doesn’t Approve My Stock Options?

    Dana
    3 Apr 2012 | 9:25 pm
    This post is adapted from a question I answered on OnStartups. Q. I’ve been working for a large private company, and my offer letter said I would receive X number of options as long as the board approved it. It’s been a year and I’ve been stonewalled on the option plan. I’ve sent multiple emails to HR and the controller and the CFO. HR has gotten back to me, but their hands are tied. Can I send a letter and a check to the CFO with $100 to force the issue of exercising some amount of shares and determining the strike price that way? A. Unfortunately, “subject to…
  • add this feed to my.Alltop

    ITC Law Blog

  • ALJ Gildea Rules On Motions To Amend Expert Report And Strike In Certain Electronic Devices, Including Wireless Communication Devices, Portable Music And Data Processing Devices, And Tablet Computers (337-TA-794)

    Eric Schweibenz
    14 May 2012 | 8:08 pm
    On May 10, 2012, ALJ E. James Gildea issued Order No. 64 denying Complainants Samsung Electronics Co., Ltd. and Samsung Telecommunications America, LLC’s (collectively, “Samsung”) motion to amend its expert report and Respondent Apple Inc.’s (“Apple”) motion to strike the same in Certain Electronic Devices, Including Wireless Communication Devices, Portable Music And Data Processing Devices, And Tablet Computers (Inv. No. 337-TA-794). According to the Order, on April 17, 2012, Samsung filed a motion for leave to serve a second supplemental expert report regarding infringement and…

  • ALJ Bullock Rules On Motion For Default Judgment In Certain Digital Televisions (337-TA-789)

    Eric Schweibenz
    11 May 2012 | 6:43 pm
    On May 10, 2012, Chief ALJ Charles E. Bullock issued Order No. 54 in Certain Digital Televisions and Components Thereof (Inv. No. 337-TA-789).  In the Order, ALJ Bullock denied Complainant Vizio, Inc.’s (“Vizio”) motion for entry of an Initial Determination finding Respondent Curtis International, Ltd. (“Curtis”) in default.  However, ALJ Bullock also ordered that certain non-monetary sanctions be imposed against Curtis. According to the Order, Vizio argued that Curtis should be found in default because Curtis had failed to comply with a previous order in which ALJ Bullock had…

  • ALJ Shaw Sets Target Date In Certain Audiovisual Components (337-TA-837)

    Eric Schweibenz
    11 May 2012 | 6:35 pm
    Further to our April 13, 2012 post, on May 10, 2012, ALJ David P. Shaw issued Order No. 3 in Certain Audiovisual Components and Products Containing the Same (Inv. No. 337-TA-837). According to the Order, ALJ Shaw set August 19, 2013 as the target date (which is approximately 16 months after institution of the investigation).  ALJ Shaw further indicated that the initial determination on alleged violation shall be due on April 19, 2013.

  • ALJ Gildea Grants Motions To Terminate Investigation In Certain Blu-Ray Disc Players (337-TA-824)

    Eric Schweibenz
    11 May 2012 | 6:16 pm
    On May 10, 2012, ALJ E. James Gildea issued Order Nos. 15 and 16 in Certain Blu-Ray Disc Players, Components Thereof and Products Containing Same (Inv. No. 337-TA-824). In Order No. 15, ALJ Gildea granted a joint motion filed by Complainant Walker Digital, LLC (“Walker Digital”) and Respondent Philips Electronics North America Corp. (“Philips”) to terminate the investigation based on a settlement agreement.  After reviewing the confidential and non-confidential versions of the agreement, ALJ Gildea granted the motion filed by Walker Digital and Philips. In Order No. 16, ALJ Gildea…

  • ALJ Rogers Grants Motion To Terminate Investigation As To Digital Spectrum Solutions In Certain Digital Photo Frames And Image Display Devices (337-TA-807)

    Eric Schweibenz
    11 May 2012 | 5:32 pm
    On May 10, 2012, ALJ Robert K. Rogers, Jr. issued Order No. 32 in Certain Digital Photo Frames And Image Display Devices and Components Thereof (Inv. No. 337-TA-807). In the Order, ALJ Rogers granted a motion filed by Respondent Digital Spectrum Solutions, Inc. (“DSI”) to terminate the investigation based on the entry of a consent order.  DSI represented that it contacted all of the remaining parties in this investigation and that no party opposed its motion.  Accordingly, ALJ Rogers granted the motion.  The Investigation remains pending against other respondents.
 
  • add this feed to my.Alltop

    Al Nye The Lawyer Guy

  • Jacques deVillier on Fire

    Al Nye
    15 May 2012 | 8:48 am
    A good friend of mine who owns Old Port Wine & Cigar, Jacques deVillier, has recently decided to begin an exercise program that involves lots of walking. He's even walked 5k and 10k races -- including the just completed Sea Dog's Mother's Day 5k as shown below. For the full effect, when looking at the picture, click on the music link below it. Vangelis - Chariots of Fire Theme

  • In Jail and having sex --

    Al Nye
    14 Mar 2012 | 8:58 am
    Talk about making your parents proud. A male inmate in the Cumberland County jail has had his picture and that of the female prisoner he had sex with on the front page of the Portland Press Herald the last couple of days because of how he managed to slip out of his cell and into hers almost -- almost without being noticed. Talk about making your parents proud! Not only is your son or daughter in jail, but now there pictures are plastered on the front page of the paper for having sex while in jail.

  • Cumberland County Civic Center Renovations

    Al Nye
    20 Feb 2012 | 12:50 pm
    From these articles in the Portland Press Herald, here and here, it's clear that spending $33 million to renovate the Civic Center is going to be money wasted unless they try to substantially expand the seating of the place. As Steve Crane, general manager of the civic center, states:    "The first thing that happens is, I get a call from the promoter, somebody who buys the talent and takes the financial risk," Crane said. "The first thing they want to know is if we have that date open. The second thing they want to know is how many seats we have." The civic center…

  • Super Bowl Final Words

    Al Nye
    6 Feb 2012 | 9:49 am
    Make no mistake, I'm a diehard Patriots fan. But I wasn't surprised by the result. My prediction for the game was 24-21 Giants. Why? They beat us 4 years ago in the Super Bowl and they beat us this year at home. I didn't care what Vegas said about the odds or point favorite being the Pats -- the Giants are a better team. I told at least a dozen people over the last two weeks that I expected the Giants to win. That's not to say that I wasn't there rooting for the Pats on every play -- I was. And when 10 big wigs from Maine predicted the score of the big game in…

  • Taken By Robert Crais

    Al Nye
    24 Jan 2012 | 10:46 am
    Taken By Robert Crais G. P. Putnam’s Sons $26.95, hard cover, 341 pages, 978-0-399-15827-8 (2012) Talk about an enjoyable read. This novel has it all: Elvis Cole and Joe Pike, innocent young adults, a determined parent, evil men and women with no sense of morality, and bajadores – ruthless bandits who prey on other bandits. Mix them all together with drugs, weapons, the buying and selling of victims, and brutal murder and you have the ingredients for compelling novel. Add the painstaking detective work, the genuine humanity, the nerve-racking tension, the thrilling action, and…
  • add this feed to my.Alltop

    Gamso - For the Defense

  • "We can't kill our way to a peaceful tomorrow."

    14 May 2012 | 10:59 am
    This is Anna Allison. As she was.On September 11, 2001, she was in an airplane that was crashed into one of the towers of the World Trade Center.Nearly 3,000 people were killed that September day by the acts of the terrorists. They left behind untold numbers who knew them, miss them, cared for them, loved them.  They left fathers, mothers, brothers, sisters, sons and daughters, grandparents, nieces and nephews, classmates, co-workers, friends, neighbors, even strangers who grieve, have grieved, will grieve.Among those was Anna Allison's husband, Blake.Blake is among 10 family members,…

  • Certainly. Though Perhaps Not.

    13 May 2012 | 1:40 pm
    I knew a guy, graduated at the top of his class at a prestigious law school.  Then went to med school and became a neurosurgeon.  He said the UCC drove him to medical school.For the uninitiated, the UCC is the Uniform Commercial Code.  It's the set of statutes (that's the code part) governing commercial transactions (buying and selling widgets; delivering them on time or not; dealing with the bounced check; leases; secured loans, that kind of thing) that with minor variations have been adopted by all the states (hence uniform).  I know people who find the UCC fascinating…

  • With All Deliberate Slowness: DOJ v. Sheriff Joe

    11 May 2012 | 11:48 am
    You'll be shocked, shocked to hear that he didn't just roll over.  Or maybe not.But then, you don't live in a world where you think everyone should fear you, where you know that the hearts of people in power are all pure.  You don't believe in the Easter Bunny, either, I suspect.Thomas Perez probably doesn't believe in the Easter Bunny, either (though I don't know that for sure).  He does, apparently, buy into the rest of that.Perez is the Assistant Attorney General in charge of the Civil Rights Division of the Department of Justice, and he's just deeply disappointed they…

  • First Thing We Do, Let's Kill All the Lawyers

    10 May 2012 | 1:44 am
    You think you've got it tough?In 2010, the gross national income per capita in Belize was $ 3740 U.S.  And that would be a princely income in Burkina Faso where the per capital GNI was $ 550.  Of course, it was only $160 in Burundi.Of course, those numbers don't really indicate much except extreme poverty.  Look at it this way: The average person in Burundi is alive.  You'd have a hard time matching that with the same $160 in Brooklyn.But the point remains, if you're reading this, you're probably pretty well off, at least by international standards.And when we talk about…

  • Goliath Wins

    8 May 2012 | 1:34 pm
    The thing about the constitutional crisis is that there was none.The feds made it up in order to get their way.And when it came down to it . . . when the proverbial push came to the proverbial shove . . . well, you can pretty much figure what happened.Really, this is a story of a temper tantrum.Here's the background (earlier story here).Jason Pleau is in prison in Rhode Island serving 18 years as a consequence of a bank robbery in which he shot and killed a wholly innocent guy named David M. Main.  The feds want to try him for the death penalty, but they have to get their hands on him,…
  • add this feed to my.Alltop

    Virtual Marketing Officer

  • Risky Business? | Is a social media policy enough? Do law firms need social-media-insurance?

    Jayne Navarre
    15 May 2012 | 10:46 pm
    Most social media sites are FREE to partakers, right? WELL, “free” may be cutting too fine an edge, because social media is not exactly free. Company losses from social media missteps and data security breaches can be translated to monetary costs 84% of the time, according to a 2011 survey from Symantec. The top costs were: lost productivity; lost revenue; loss of organization, customer, or employee data; and damage to a company’s brand reputation. Litigation costs, regulatory fines, and reduced stock price are also among the costs companies identified. It’s a commonly accepted fact…

  • Attorney Mark O’Mara “Defends” George Zimmerman Using Social Media | Hmmm…

    Jayne Navarre
    1 May 2012 | 8:05 pm
    If you haven’t already seen it, seeing-is-believing. Check this out. Mark O’Mara, defense attorney to George Zimmerman—stand your ground case in Florida—has created a Facebook Page. Further, he has taken over the reins of all official social media interaction for his client, shutting down Zimmerman’s personal accounts and ratting out imposters. Does this raise your eyebrows? Mine are approaching my widow’s peak. Is Social Media a Modern Channel for Defending a Witch Hunt? There are many interesting questions, the least of which may be what happens when the trial court attempts to…

  • DLA Piper: What’s in the secret sauce? Shhh…Sales…

    Jayne Navarre
    24 Apr 2012 | 7:02 am
    On a typical day, Catherine Zinn sits in on a lot of meetings. She meets with existing clients, new clients, firm executives, and partners. After a full day of meetings, she represents the firm at networking events and seeks to identify prospects. Sounds like just another ho-hum day in the life of a client development professional at any law firm—or not. You see, Catherine is the Senior Client Development Executive at DLA Piper, the largest law firm on the globe, and she doesn’t just attend meetings, she “owns” many of them. More importantly, the results of these meetings are…

  • Can ethics rules hinder a lawyer’s ability to serve today’s clients?

    Jayne Navarre
    10 Apr 2012 | 6:25 am
    Have we reached a tipping point? Can yesterday’s rules hinder a lawyer’s ability to serve their clients today? “Yes,” say the leaders (and members) of the Legal Marketing Association (LMA). The issues at stake 1. The patchwork quilt of advertising rules across states is exhausting and difficult to maintain in today’s world where multi-jurisdictional practices are common. It’s a huge pain. So, in 2005, the LMA sent its first official position statement to the American Bar Association (ABA) advocating the need for uniform advertising rules for all jurisdictions. 2. The…

  • TURN OFF YOUR IPAD? | How digital natives COULD impact the future of the legal profession

    Jayne Navarre
    4 Apr 2012 | 2:15 pm
    Boarding a flight between Montreal and Miami yesterday I overheard a mother tell her son, who looked no more than 3-years-old, “Turn off your iPad.” She suggested, gently, that he take a nap until we were up in the air, at which time he could sign into the American Airlines’ (please don’t become United Airlines, service will suffer) wireless service and “play.”  I was immediately envious—I’m a digital junkie, lusting after the new iPad and couldn’t believe this 3-year-old kid (toddler?) had one! I don’t even own an iPad2—though simply an exercise in discipline…
 
  • add this feed to my.Alltop

    LawyersandSettlements.com Legal Blog

  • Actos Lawsuit Angles: How Many Can You Come Up With?

    AbiK
    14 May 2012 | 2:50 pm
    If you've tried to figure out what's going on with Actos—and more specifically, Actos lawsuits--you've probably found it can get a bit confusing. This drug has more lawsuit angles now than a tetrahedron. So here's a list of Actos lawsuit angles:

  • Attorney James Kowalski: Pioneer Against Mortgage Robo-Signing

    BrendaC
    14 May 2012 | 1:37 pm
    Lawyers Giving Back profiles Attorney Jim Kowalski--a pioneer in fighting the practice of robo-signing in the mortgage and foreclosure industry.

  • Week Adjourned: 5.11.12 – Overtime Pay, Smoking Dishwasher, Ormat

    LucyC
    11 May 2012 | 2:49 pm
    A wrap up of the week's top class action lawsuits and settlements for the week ending May 11, 2012. Top stories include unpaid overtime, smoking dishwashers and Ormat green energy.

  • Asbestos News Roundup: 5.10.12 – Car Mechanic Asbestos Exposure

    LucyC
    10 May 2012 | 3:15 pm
    A roundup of recent asbestos-related news and information that you should be aware of for the week of May 10, 2012. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.

  • Tennis Balls Get their Fuzz Up in Top Seed Lawsuit

    AbiK
    7 May 2012 | 10:17 am
    We're over a month away from Wimbeldon, but there's plenty of action on the court for tennis fans. Make that in the court as Penn delivers an offensive lob over to Dunlap in the form of a false advertising lawsuit. Seems Dunlap has had the balls (too easy, had to take it) to dub itself the "World's No. 1 Ball" and the company also claims to have a 70% share of the worldwide tennis ball market. Apparently, Penn (owned by Head USA, Inc.) doesn't agree.
  • add this feed to my.Alltop

    Sound & Fury

  • Granny’s Dancing on the Table

    Klang
    2 May 2012 | 4:48 am
    Three years ago Hanna Sköld did a bold and daring thing. She took out a private bankloan to produce her film Nasty Old People and when it was done she made things worse by releasing it under a Creative Commons license and spread it via The Pirate Bay. The prophets of doom were wringing their … Continue reading »

  • Performance Lifestyle & Coffee Sadism

    Klang
    13 Apr 2012 | 2:57 am
    One of the enduring myths about Social Media is that it is somehow about connecting friends, colleagues or contacts. The reason I call this mythological is not the fact that people can have 100s or 1000s of friends on Facebook – even if that is a bit weird (see Dunbar Number) – no my gripe … Continue reading »

  • Cybercontrol 2.0

    Klang
    10 Apr 2012 | 3:57 am
    In a continuing discussion (original & response & reply) on the battles over Internet regulation. Both Nicklas & I are taking points from the past and drawing lines into the future, while taking into consideration the changes created by new technologies. In his last post Nicklas summed it up beautifully: But as technology becomes more … Continue reading »

  • Regulation is everything, or power abhors a vacuum

    Klang
    6 Apr 2012 | 5:08 am
    Can we really control the Internet? This is question has been around long enough to be deemed a golden oldie. But like a fungal infection it keeps coming back… The early battle lines were drawn up in 1996. In an age where cyberspace was both a cool and correct term lawyers like Johnson & Post … Continue reading »

  • Facebook & the Bad Science Baloney Detection Kit

    Klang
    29 Mar 2012 | 11:04 am
    Michael Shermer has a brilliant Baloney Detection Kit which can “help draw the boundaries between science and pseudoscience”. But don’t let the science and pseudoscience thing put you off – it has other simpler uses. In a recent lecture I asked my students to apply the detection kit to a particularly bad piece of “research”. … Continue reading »
  • add this feed to my.Alltop

    Internet Television Law Blog

  • News Roundup - April 2012

    devalera01
    30 Apr 2012 | 8:30 pm
    Commission asks ECJ to assess ACTA's compliance with fundamental rightsGoogle Co-Founder Blasts Entertainment Industry On PiracyImpressions From The Pirate Parties International Conference

  • News Roundup - March 2012

    devalera01
    31 Mar 2012 | 8:33 pm
    O2 disclosure ruling could impact on workings of imminent new anti-piracy code, campaigners sayPirate Bay plans sky-high flying proxy serversAlleged copyright infringing student extradition approvedGoogle takes aim at MPAA in Hotfile caseCan You Be Sued For Simply Watching An Illegal Video Stream? Australia considers national digital archive

  • News Roundup - February 2012

    devalera01
    9 Feb 2012 | 9:01 pm
    Canadians revolt over draconian internet privacy billSecond hand music files trader avoids injunction as copyright case moves to full trialYou Can’t Copyright Porn, Harassed BitTorrent Defendant Insists

  • News Roundup - January 2012

    devalera01
    31 Jan 2012 | 6:43 pm
    Polish lawmakers don Guy Fawkes masks to protest ACTAMost EU states sign away internet rights, ratify ACTA treatyAnti-piracy code of practice for search engines proposed by rights holder representativesMega Aftermath: Upheaval In Pirate Warez LandOther File-Sharing Sites: 'We're Not Megaupload'UK student faces extradition to US after piracy case rulingBBC mulls iPlayer fees for archives, repeats EMI takes Irish Government to court over website blocking delaysGovernment urged to introduce Digital Economy Act anti-file-sharing codeWhite House Speaks Out Against SOPA/PIPA, Sort Of… A War To…

  • News Roundup - December 2011

    devalera01
    31 Dec 2011 | 8:23 pm
    Irish ISP ordered to stop using 'three strikes' system against illegal file-sharersCouncil of Ministers backs EU signing of ACTAFacilitating website piracy can lead ad networks to be liable for infringement, US court saysUK's first intellectual property attaché to begin work in China this weekWikipedia Mulls Total Blackout to Oppose SOPA Copyright Regime vs. Civil LibertiesOnline Video Sites Go Pro And Get Original
 
  • add this feed to my.Alltop

    Bitter Lawyer

  • May is a Mixed Bag

    Not an Elle
    15 May 2012 | 8:41 am
    May is such a mixed bag for law students. First finals, packing, then graduation, then summer, all in a span of about 3 weeks. It’s a whirlwind of activity and emotion, and getting enough sleep is almost never an option. You’re studying for finals and taking breaks for anything, accepting all distractions. Probably packing for the summer when you feel like it—any non-study activity is allowed if it can be written off as productive in any way. Law students are hearing 3Ls talk about graduation and the bar exam and getting a job while 1Ls and 2Ls talk about trying to get summer…

  • Law School Graduation

    Mr. Law School
    15 May 2012 | 7:58 am
    Once you’re out of law school, it may pull you back in. Thanks to Bitter Lawyer for airing Mr. Law School. It has been a privilege to work with Greg and the rest of the Bitter Lawyer team — Sam E. Goldberg ——————— Law School Graduation is a post from the BigLaw legal humor, video, and news site Bitter Lawyer Read More: I’ve Been Nominated to Speak at Law School Graduation Mr. Law School: Does Not Play Well With Court Staff To Give Her Tequila Or Not To Give Her Tequila

  • Illustrated Guide to Lawyer Words

    Albert Wang
    14 May 2012 | 9:11 am
    ——————— Illustrated Guide to Lawyer Words is a post from the BigLaw legal humor, video, and news site Bitter Lawyer Read More: Lawyer’s Illustrated Guide to SOPA Top 4 Obvious and Insipid Frat Boy Lawyer Words Courtroom Yoga Moves, Illustrated

  • The Mary Poppins Bag of News

    Doug Stephan
    14 May 2012 | 7:11 am
    Think you are having a bad day? At least you aren’t Alex Boulet. Boulet is facing felony drug charges following a traffic stop. Following three X-rays, a laxative, and “a cup of coffee,” police were rewarded with “a record for narcotics recovered from a suspect’s rectum.” The final hull: 84 individually packaged crack rocks, 218 Oxycodone pills, and 11.5 grams of marijuana. Holy Shit. A drug dealer’s starter kit in a convenient carrying case. This guy has an asshole like a Mary Poppins bag. Richard Creighton was apparently so drunk that he may not have been drunk at all. Wait.

  • Caption This! May 11, 2012

    Bitter Staff
    11 May 2012 | 11:11 am
    What in the Bitter Lawyer is going on here? Put your lawyerly wisdom to the test and post a comment below or on Facebook with a witty, hilarious, or brilliant caption to this retro clip art, courtesy of Shutterstock.com. And keep it clean(ish) and, y’know, respectful. The editors’ pick will be announced next week, and then we’ll post the clip art with the text on Facebook. Last Week’s Winner Derek Ford submitted last week’s Caption This! winning entry with “I’ll take a number 6 with fries and a Coke. And bill it to the Murphy file.” Thanks for all…
  • add this feed to my.Alltop

    Rochester Bankruptcy and Debt Relief

  • Chapter 13 Discharge and Child Support Arrears

    alexkorotkin
    22 Apr 2012 | 9:56 pm
    Chapter 13 Bankruptcy cases can take between 3 and 5 years to complete, and, in a current economy, as many as two thirds of all Chapter 13 plans fail.  Thus, any debtor who has completed the plan should be proud of his or her accomplishments. However, under some circumstances, even if all of the plan payments are made over a five year period, the debtor may not receive his Chapter 13 discharge. Specifically, Bankruptcy Code Section §1328, precludes the judge from issuing a discharge if you do not certify that all domestic support obligations that have come due during the pendency of your…

  • New Bankruptcy Court Judge in Rochester

    alexkorotkin
    18 Mar 2012 | 7:32 pm
    The uncertainty with regard to the next bankruptcy court judge in Rochester has finally been resolved. On March 15, 2012, Paul R. Warren, Esq., the Clerk of the Bankruptcy Court for the Western District of New York, was sworn in as the next Bankruptcy Judge for the Rochester Division of the Bankruptcy Court.  Judge Warren replaced Judge Kaplan who was sitting in Rochester following Judge Ninfo’s retirement. Mr. Warren received his undergraduate degree from St. John Fisher College and his law degree from the University of Dayton. He was admitted to practice in the Western District of…

  • Should 401k Loans Be Used to Avoid Bankruptcy?

    alexkorotkin
    4 Feb 2012 | 10:58 pm
    Once in a while I am asked whether 401k loans should be used to pay off credit card debt and, therefore, avoid bankruptcy. In my opinion, it is a bad idea. Filing for bankruptcy under either Chapter 7 or Chapter 13, is a difficult decision, and most of the time debtors will try to do just about anything to avoid filing. However, if you earn $50,000 in gross income, and you are $50,000 in debt, because of interest and other carrying costs, it is unlikely that you will be able to pay off that debt within a reasonable period of time. Thus, a debtor may think that whatever money he has in his…

  • Bankruptcy and Cash Advances

    alexkorotkin
    14 Jan 2012 | 9:48 pm
    Most of my Chapter 7 bankruptcy clients have a lot of credit card debt that was accumulated over time. That debt may have come from making purchases, incurring services charges and interest, as well as taking cash advances  on credit card. While most of credit card debts are dischargeable in bankruptcy, credit card cash advances may represent a significant problem for potential bankruptcy filer. According to the Bankruptcy Code, any cash advance, or combination of cash advances from one lender, totaling more than $875, obtained within 70 days of the bankruptcy filing date is presumed to be…

  • Who Will Be the Next Bankruptcy Judge in Rochester?

    alexkorotkin
    13 Nov 2011 | 6:47 pm
    At the end of the year, Judge John C. Ninfo II, who has been presiding over the bankruptcy court in Rochester since 1992, will be retiring. The Second Circuit Court of Appeals has been interviewing candidates to replace Judge Ninfo since early this fall. However, since the Second Circuit has not made its selection so far, the Bankruptcy Court for the Western District of New York has established a contingency plan for January and February 2012. The Hon. Michael Kaplan, one of the two Buffalo bankruptcy judges, will be coming to Rochester and Watkins Glen to preside over motions and hearings.
  • add this feed to my.Alltop

    The Jury Room

  • Nice guys and gals: How much we both get paid

    Douglas Keene
    14 May 2012 | 6:02 am
    So–is it better to be ‘nice’ or ‘mean’ when it comes to salary? We’ll disclose right up front that this is not a feel good post for some of you. As it happens, if you are someone high in agreeableness, (aka ‘nice’) you are likely paid less than someone less agreeable (aka ‘nasty’). There are naturally some caveats in this research along with some (likely expected) gender differences. Most of us know that men are still  (across the board) paid more than women. That isn’t news. But the rest of these findings might be–although you probably “knew” this on an…

  • Simple Jury Persuasion: Analytic or Intuitive?

    Rita Handrich
    11 May 2012 | 6:02 am
    According to some new research, if your case facts promote pro-religious themes or invoke pro-religious feelings, and you are plaintiff/prosecutor, you want intuitive jurors. If you are defense, you want those analytical jurors. If you weren’t thinking that far ahead, or end up with a mix of both types (the likely outcome) on your jury–you want to tailor your case narrative and case themes to resonate with both sorts (again depending on the side of the aisle). In other words, you want to encourage the analytic to be more intuitive and encourage the intuitive to embrace the analytical.

  • The foreign-language effect: ESL Jurors

    Douglas Keene
    9 May 2012 | 6:02 am
    We’ve seen multiple examples of jurors being excused because they learned English as a second language (ESL) and their English is limited. But new research shows us that there may be an advantage to the juror thinking in English when it is their second language. Researchers were interested in if and how the use of a foreign language affected judgment and decision making. They tested three groups of university students: Americans, Koreans and native English-speaking students studying in Paris, France. All of the research participants had chosen a language to study at university. The…
 
  • add this feed to my.Alltop

    Disputing

  • Article | Navigating the Borders Between International Commercial Arbitration and U.S. Federal Courts: A Jurisprudential GPS

    Victoria VanBuren
    16 May 2012 | 5:40 am
    We invite you to read yet another forthcoming article by Professor S.I. Strong entitled “Navigating the Borders Between International Commercial Arbitration and U.S. Federal Courts:  A Jurisprudential GPS.” The piece will appear in 2012 Journal of Dispute Resolution __ (forthcoming 2012). Here is the abstract: To the uninitiated, international commercial arbitration may seem as if it “isn’t all that different” from domestic arbitration or litigation. However, the truth of the matter is that international commercial arbitration is an extremely challenging area of law, full of…

  • Third-Party Funding in International Arbitration | Paris, Nov. 26, 2012

    Victoria VanBuren
    15 May 2012 | 7:27 am
    Mark your calendars! The 32nd Annual Meeting of the ICC Institute of World of Business Law presents Third-Party Funding in International Arbitration, in Paris on November 26, 2012. Details of the Conference  will be provided here.

  • Texas Supreme Court Rules on Appellate Court Jurisdiction Over Order Confirming Arbitration Award in Part and Vacating the Award in Part

    Victoria VanBuren
    14 May 2012 | 5:24 am
    In Bison Building Materials, Ltd. v. Lloyd K. Aldridge, No.06-1084, _S.W.3d __ (Tex. April 20, 2012) the issue is whether an appellate court has jurisdiction over an appeal from a trial court order confirming an arbitration award in part and vacating the award in part based on the existence of unresolved questions of law or fact necessary to a ruling, yet the trial court  did not expressly direct a rehearing. The Texas Supreme Court concluded that, unless specifically authorized by statute, the appellate court only had jurisdiction to review final judgments under Tex. Civ. Prac. & Rem.

  • IBA Mediation Committee Publishes Rules for Investor-State Mediation

    Victoria VanBuren
    11 May 2012 | 7:27 am
    The International Bar Association (IBA), Mediation Committee has recently published a draft version of rules for investor-state mediation. The scope of the Rules is as follows: These rules are designed for the mediation of investment–related differences and disputes involving States and State entities, whether or not they arise out of an agreement. These rules apply when: a) the mediating parties have agreed that these rules shall apply whether before or after the difference or dispute arises, or b) the mediating parties have authorized the mediator or another person or institution to…

  • ICC Conference on International Arbitration in Latin America | Miami, Nov. 11-13, 2012

    Victoria VanBuren
    10 May 2012 | 6:23 am
    The International Chamber of Commerce (ICC) will host its conference on International Arbitration in Latin America in Miami on November 11-13, 2012. The conference will include discussions on recent developments on arbitration in Latin America and is expected to attract 400 participants from 30 nationalities. Who should attend? Practicing lawyers, corporate counsel, arbitrators, mediators, academics and professionals involved in the conduct of business in Latin America and the Caribbean who wish to increase their understanding of international commercial arbitration in the region. Find out…
  • add this feed to my.Alltop

    South Florida Lawyers

  • The Rise of the Russomanno (Part III)

    South Florida Lawyers
    15 May 2012 | 10:44 am
     OFFICERS:  President Elect - Mary Leslie SmithVice President - Herman J. Russomanno, IIISecretary - Jason M. MurrayTreasurer - Jeffrey A. Rynor DIRECTORSGroup I:    Eric P. HockmanGroup II:   Monica F. Rossbach, Adam J. ShapiroGroup III:  Stephanie L. Carman, Katie S. PhangGroup IV:  Robert B. Boyers, Steven E. EisenbergGroup V:    Jerome J. Kavulich, Glenn B. KritzerThe results have arrived via raven from Westeros, and once again a mighty Russomanno is in the leadership mix -- all is well with the…

  • Hey, It's Just "Bad Luck" My Penis Got Amputated!

    South Florida Lawyers
    14 May 2012 | 9:21 am
      I have a feeling it's going to be a good day.Why?Because the blogger gods have blessed us with this:An unusual medical malpractice trial opens in a Miami court Monday, one in which a jury will have to decide whether an anesthesiologist can be held liable for a patient losing his penis.The plaintiff, former Miami resident Enrique Milla, will be testifying at the trial via Skype because American authorities deported him and his family back to Peru last year.“Mr. Milla lived in Miami for 40 years and worked in the medical supply business and paid taxes,” said Spencer Aronfeld,…

  • Oral Argument on Appeal -- A Total Waste of Time?

    South Florida Lawyers
    11 May 2012 | 2:17 pm
    I love the letters page of the Florida Bar News -- it's the only part of the paper where there is an actual voice or opinion being expressed amid the robo-copy of endless announcements, seminars, and proposed rule changes.In the current issue local appellate attorney Albert W. Guffanti basically says oral arguments are a "charade": As regards oral argument, it is my belief that most appellate panels have made their decisions prior to oral argument, reducing oral argument to a charade. Indeed, if the panel has read the briefs and researched the law (i.e., at least reviewed the law…

  • Hey Baby, Do You "Meet and Confer" Here Often?

    South Florida Lawyers
    11 May 2012 | 10:20 am
    In Miami, back in the old days, lawyers used to meet and confer over drinks at Sally Russell's and inevitably wind up going home with each other's wives.Hey, it was the 70s!But like our President we evolved, and by the 80s we had teams of waiting "faxers" who would instantly (well, it took about 25 minutes) send late-Friday nastygrams to opposing counsel, designed to ruin the weekend and necessitate a faxed response on Sunday.Aah such pleasant memories....But now we can "meet and confer" by having a Twitterwar, or by pinning mean things about each other on Pinterest, or via my personal…

  • Magistrate Judge Goodman Cites Fat(ter) Elvis!

    South Florida Lawyers
    10 May 2012 | 1:00 pm
    Actually, I think "fat" Elvis is quite unfair to the Big Man --  I prefer "sweaty" Elvis, "drugged out" Elvis, "velvet oil" painting Elvis, "bizarre Karate-chopping" Elvis, "huge pork chops on your face" Elvis, "crying-at-any-moment onstage" Elvis, these are all much more affectionate terms in my opinion.Ok, let's get to it.Question is whether incident reports prepared by a cruise ship vendor operating a bobsled ride.......STOP -- never go on a bobsled ride.If you are abovethe age of 10, you have no business being on a "bobsled ride" in Jamaica or anywhere else.Sheesh, what is with…
  • add this feed to my.Alltop

    eLessons Learned

  • FBI Warns Unsuspecting Travelers of Cyber Booby Traps Found In Hotel Internet Connections

    Frank [eLL Editor-in-Chief]
    11 May 2012 | 9:57 am
    The Internet Crime Complaint Center (IC3) issued a notice on May 8th that revealed a recent claim by the FBI and other agencies that cyber criminals are targeting travelers abroad through pop-up windows while they attempt to connect to the Internet in their hotel rooms. Specifically, as travelers attempt to setup a hotel room Internet [...]

  • Peck Wins By Submission; Parties Get Shot At Title Fight

    Fernando M. Pinguelo
    9 May 2012 | 7:07 am
    Thanks for joining eLessons Learned for the latest installation on Moore v. Publicis!  As eDiscoverista predicted (don’t look so surprised), plaintiffs filed a formal motion for review of Judge Peck’s approval of predictive-coding protocol.  Because magistrates are afforded broad discretion in resolving discovery disputes, Judge Carter upheld Magistrate Peck’s ruling as it was “well reasoned” and not erroneous [...]

  • CISPA Moves Forward, But Still Just a Bill

    Fernando M. Pinguelo
    7 May 2012 | 7:00 am
    In a nutshell, the Cyber Intelligence Sharing and Protection Act (CISPA) provides the government with the power to share classified information about security threats with certain U.S. companies so that these companies can use that information to better protect their computer networks that store sensitive, proprietary, and confidential information, including intellectual property and trade secrets.  CISPA allows companies to share information [...]

  • A is for Apple Appeal: Peck’s Approval of Computer-Assisted Review is Under Review

    Fernando M. Pinguelo
    17 Apr 2012 | 7:03 am
    It seems like just days ago I was celebrating Judge Peck’s approval of computer-assisted review of documents to identify those responsive to discovery requests.  You too?  Well, take off your party hat — Computer-assisted review, specifically Judge Peck’s endorsement of a predictive coding protocol, is under review. **BREAKING NEWS!** Get the latest at the end [...]

  • Government Not Required to Produce ESI in Manner Requested by Defendants in Cocaine Distribution Conspiracy Case

    Fernando M. Pinguelo
    15 Apr 2012 | 7:32 am
    In his November 23 decision, federal Magistrate Judge Hugh Scott held that the government was not required to produce electronically stored information (“ESI”) in the manner requested by the defendants in a 24-person criminal cocaine distribution conspiracy.  Judge Scott made it clear that in the absence of a clear criminal standard, he would follow analogous [...]
 
  • add this feed to my.Alltop

    Law Office of Matthew Stoloff » Blog

  • Think Thrice About Going to Law School

    Matthew Stoloff, Esq.
    7 May 2012 | 5:00 am
    I generally write on topics involving special education law, First Amendment issues, disability discrimination, bullying, and service animals. Occasionally, I’ll write about something slightly off the grid, and I’m going to do that today. I’ve received a few emails from college students who asked me for advice about law school and becoming a lawyer. Some of these people are genuinely interested in special education and disability rights issues. Some have confided in me that they have a disability. Hence, their interest in civil rights matters and desire to become a lawyer.

  • Special Education in The Atlantic

    Matthew Stoloff, Esq.
    4 May 2012 | 5:00 am
    The Atlantic is a well known magazine that publishes articles about a wide range of political and social issues, as well as book reviews and works of fiction. The magazine began in 1857 by a number of well known thinkers and writers, including Harriet Beecher Stowe, Ralph Waldo Emerson and Henry Wadsworth Longfellow. I always thought The Atlantic was politically moderate or centrist, as others also seemed to think. But when I read Chris Borreca’s The Litigious Mess of Special Education and Miriam Freedman’s 4 Common-Sense Proposals for Special Education Reform, I was amazed. Mr.

  • Cochlear Implant Mapping and the IDEA

    Matthew Stoloff, Esq.
    1 May 2012 | 5:00 am
    As an attorney with a hearing impairment, I read Petit v. United States Department of Education with great interest. Last week, the US Court of Appeals for the District of Columbia held that the Department of Education’s 2006 regulations, which excluded cochlear implant mapping from the scope of “related services,” was valid and consistent with the Individuals with Disabilities in Education Act (“IDEA”) as amended in 2004. For those of you who don’t know what “cochlear implants” are, what is meant by “mapping,” and what…

  • Unilateral Placements: A big gamble

    Matthew Stoloff, Esq.
    26 Apr 2012 | 5:00 am
    In the world of special education litigation, the unilateral placement is probably the biggest gamble a parent can make. What is the unilateral placement? When a parent disagrees with the school district’s proposal for special education services or placement, the parent may choose to unilaterally place her child in a private school to ensure that her child receives a Free and Appropriate Education pursuant to the Individuals with Disabilities in Education Act (“IDEA”). After unilaterally placing the child in a private school, the parent may then sue the public school…

  • Hugs, Harassment, and Humanity

    Matthew Stoloff, Esq.
    21 Apr 2012 | 8:30 am
    What was really going on when Tyler Blackmore, the principal of Matawan-Aberdeen Middle School (in New Jersey), declared over the school’s loudspeaker that his 900 students were attending a “no hugging school”? When this story broke back in March, it went international. According to the press, Mr. Blackmore made the comment after witnessing some “unsuitable, physical interaction” between students. Some of you might be wondering: What, exactly, did Mr. Blackmore see that would rise to the level of “unsuitable, physical interaction”? How could a…
  • add this feed to my.Alltop

    Karasma Media Legal Marketing Blog by Kara Smith

  • Exceeding Expectations for Success for Legal Marketers and Small Business Owners

    Kara
    4 May 2012 | 8:04 am
    The idea of being successful far beyond my own expectation has always intrigued me. I tried something a little different with this headline, and I thank you for letting it grab your attention! Neuro Linguistic Programming (NLP) is about learning to use the language of the mind to consistently achieve specific and desired outcomes by studying, analyzing and implementing new behaviors to produce excellence.  Personality training and exploration is about understanding the basic inherent characteristics that make us who we are and why we act the way we do. My friend, Rhonda Robbins  is a…

  • Legal Marketers and Business Owners Ready for the Next Marketing Move — Start With a Great Newsletter

    Kara
    20 Apr 2012 | 8:00 am
    I talk with dozens of small to mid-sized law firm members and small business owners every week.  Many of them are almost paralyzed by the daunting task of making the next move for marketing their business.  Whether the challenge is choosing the best tool that’s cost effective or just getting started, I can certainly relate to the anxiety. Providing educational information sources to your existing clients, prospects and referral sources is one of the best ways to initiate and cultivate relationships.  However, calling 500 contacts on the phone every month just isn’t going to…

  • Legal Marketers & Business Owners, Do You Know What Quality SEO – REALLY Means?

    Kara
    29 Mar 2012 | 5:30 am
    Google is enacting a new algorithm that is going to penalize over-optimized content.  As a communications professional who has been actively blogging for more than 6-years now, I’ve been wondering when Google was going to put their foot down. I, like many online content writers have spent countless hours writing content that our readers find valuable; not to mention the attentive nurturing it takes to comment, connect and cultivate the online relationships we develop,  into invaluable professional and personal friendships. Over the years, I found it unnerving to think that businesses…

  • Happy Martin Luther King, Jr. Day Legal Marketers & Entrepreneurs

    Kara
    16 Jan 2012 | 7:51 am
    In the spirit of a tradition bestowed to me  by my Tuskegee Airman, Freedom Fighter, College Professor Dad – Arthur C. Smith, who annually said,  “All Black People should be working TWICE as hard on MLK’s birthday…” I’m spending my day  at The Rainmaker Institute supporting attorneys in the development of their firms. I can’t think of a more befitting form of self-expression of my admiration and commitment to humanity. Even as a very little girl, I remember my dad’s teachings and the sound of Martin Luther King’s voice resonating…

  • Arthur C. Smith, Fine Artist, Photographer and Educator Passes Away at 86

    Kara
    27 Dec 2011 | 7:51 am
    My father, Arthur (Art) C. Smith passed away peacefully in early December, 2011. Dad in Television Studio at Cheyney University For the multitude of our family’s dear friends who are discovering about my dad’s passing for the first time as they read this,  I apologize for my delay relaying the news.  Our family wanted to make sure the memorial service held earlier this month was a quiet and personal family event.   The additional time gave me time to gather my thoughts and emotions, and present this article to you now. My Step-Mom, Jan called me late one night to tell me dad…
  • add this feed to my.Alltop

    RainmakerLawyer Blog

  • Unimaginative, Unethical and Completely Void of Creativity

    Dave Lorenzo
    14 May 2012 | 2:46 pm
    This article probably doesn’t apply to you, so please read it and forward it to a lawyer you believe will benefit from the message. Like hogs nudging each other at the troth, hourly billing lawyers look for ways to gorge themselves on the slop in front of them while they attempt to, simultaneously, stick their snouts into the slop of all other pigs in proximity. Just in case the hog analogy is too ambiguous, I will be more direct: Hourly billing is used by unimaginative, unethical lawyers who are completely void of any and all creativity. I will explain. Hourly billing is unimaginative.

  • Should You Care That I’m Back on Twitter?

    Dave Lorenzo
    11 May 2012 | 10:39 pm
    I made the decision to start using Twitter again. This should not impact your life in any way. I’ll explain why in a minute but first some background… I was an active participant on Twitter for the better part of 18 months in 2008/2009.  I spent a great deal of time using this form of media. I had thousands of followers, some of whom were actual people.  I had a few meaningful conversations but never developed any business as a result of my involvement. So I cast it aside. And now I’m back. But this time things are different. I’m not using Twitter as a broadcast media to…

  • Join Me in New York?

    Dave Lorenzo
    8 May 2012 | 3:52 pm
    Don’t let the dog days of summer get you down. July is the perfect time to make sure your cash flow heats up. I’d like to help you make more money and have more fun doing it. This summer I’m offering an opportunity to put your client attraction systems on overdrive. I will be conducting two private business strategy sessions with attorneys from all over the world in New York City on July 24, 2012. This is something I’ve never done before and it’s something I probably won’t do again in 2012. This will be your only chance to work directly with me in New York…

  • Is Your Law Firm A Roach Motel?

    Dave Lorenzo
    6 Apr 2012 | 1:55 pm
    You may remember The Roach Motel. It is a device that lures the nasty little bugs into a box with pheromones and then catches them in glue until they struggle to their death.  The packaging of this simple bug trap has made it a bestseller in its market for 35 years. I find that many lawyers these days have developed law firms that function exactly like The Roach Motel. The practice of law was attractive, enticing and seductive.  You saw the attractive package and you entered.  Now you are struggling mightily and you fear that you will continue to struggle until you exhaust all…

  • Law Firm Marketing Advice You Must Ignore

    Dave Lorenzo
    9 Mar 2012 | 4:54 am
    There are lots of people out there today who want to take your money.  In the process of trying to sell you their version of “snake oil” they make all kinds of promises. Unfortunately, most of those promises are hollow assertions made by people who have not used marketing to build a business…ever. The problem:  Most lawyers are so desperate for clients that they will listen to anyone with a microphone or a column in a national lawyer publication. Here are three of the more egregious lies that you absolutely must ignore. Lie Number 1:  The Internet Is All You Need Some…
 
  • add this feed to my.Alltop

    Mitchell & Culp

  • Hospital Debt Collections: Advice from a Bankruptcy Attorney

    Heather Culp
    9 May 2012 | 6:42 am
    Everyone seems to be talking about the Charlotte Observer series on hospital debt collections, including our clients and people I meet through speaking engagements such as the Charlotte Works class. My personal experience with medical debt It certainly brings back memories of the spring of 2009, when my husband (and fellow attorney) spent two weeks in Presbyterian Hospital for emergency surgery.  Knock on wood, we’re both relatively young and healthy, and since I do not have children, this was my first experience facing overwhelming medical bills.  The medical expenses for that illness…

  • Online Financial Calculators

    Heather Culp
    26 Apr 2012 | 8:49 am
    As I’ve remarked before, I wish we did a better job in providing financial literacy education to young adults. So many of the clients we see in our law office learn the hard way how not to manage their finances. Fortunately there are some online tools to help. I’ve previously written about Pronet, a wonderful resource for unemployed and underemployed Charlotte professionals.  My friend Karen Boothe and I have committed to teaching monthly to interested Pronet members a three-hour workshop called “Managing Financially through Crisis.”  Karen gives financial and investment advice…

  • Are Bankruptcy Filings Slowing Down?

    Heather Culp
    24 Apr 2012 | 9:00 am
    Friends, family, former clients, current clients all routinely ask if our work is slowing down.  The answer is no. United States Bankruptcy Court for the Western District of North Carolina Divisional Map. While there are some signs that the economy is improving, times are still tough. The US Courts track bankruptcy filings for each district, and the Western District of North Carolina shows filings down a minuscule 1.1% between March 2010-2011. As my law partner Rick Mitchell often reminds me, there is usually a three-year lag time between any recovery in the economy and when folks…

  • Senior Citizens and Foreclosure Proceedings

    Heather Culp
    23 Apr 2012 | 9:38 am
    One of the heartbreaking realities of our practice in insolvency law is getting a phone call from an adult child who has just learned that a credit card company has sued or obtained a judgment against his or her parent, or that their parent’s real estate is in foreclosure because of missed mortgage, HOA or real estate tax payments.  In our line of work, it is rare to see a senior citizen with a fully-owned home; most have mortgages. Medical bills, credit cards and missed mortgage payments When medical bills (or other living expenses) are paid with credit cards, there may come a time when…

  • Tax Refunds for Bankruptcy Filing Fees

    Heather Culp
    18 Apr 2012 | 7:57 am
    The National Bureau of Economic Research confirmed recently that  personal bankruptcy filings usually spike right after Americans receive their tax refunds. A USAToday story on this correlation quoted Jialan Wang, assistant professor of finance at Washington University in St. Louis and an author of the NBER study as saying, sadly,  ”The people who really need bankruptcy are the ones who will be unable to pay for the fees.” Begin with a bankruptcy counseling session It costs nothing to explore whether you’re a candidate for bankruptcy protection. We offer an initial…
  • add this feed to my.Alltop

    Compliance Building

  • Social Media and the Financial Risk

    Doug Cornelius
    15 May 2012 | 7:00 am
    This is not meant to be a scare tactic. It’s just pointing out that web publishing tools have made it very easy to be a publisher. That’s great from an information perspective because it’s so much easier to find relevant information. The problem is that the easy of publishing and finding information has nothing to do with it’s quality, veracity, or appropriateness. What you business publishes, what your employees publish, and what your business’s critics publish all affect your business and can affect its bottom line. (Positively or negatively.) Infographic…

  • Mishandling Fund Conflicts

    Doug Cornelius
    14 May 2012 | 7:00 am
    The key aspect of registration under the Investment Advisers Act is managing conflicts of interest. The financial services industry is full of conflicts. Investment advisers owe a higher level of duty to their clients than broker-dealers. In the case of fund managers, they owe the duty to their funds. One particular concern is a transaction between an investment adviser’s funds. The SEC recently issued a cease-and-desist order that highlights a fund manager that handled the conflict poorly. I’m assuming the facts in the SEC’s order is true, although Martin Currie neither…

  • Compliance Bits and Pieces for May 11

    Doug Cornelius
    11 May 2012 | 8:00 am
    These are some of the compliance-related stories that recently caught my attention. A Shiny New Website for the S.E.C. by Kevin Roose in DealBook Our favorite part of the site is the silver whistle pictured on the homepage. Emblazoned with the agency’s logo, the whistle is a nod to the S.E.C.’s status as the whistleblower of wrongdoing on Wall Street. (And would make a good gag gift for Harry Markopolos.) When we asked Mr. Nester whether actual, S.E.C.-branded whistles were available for sale to the general public, he replied, “Unfortunately, the cool-looking whistle is available only…

  • Is it a Security?

    Doug Cornelius
    10 May 2012 | 7:00 am
    In my ongoing quest to distinguish what’s a security and what’s not a security, a new case came down from Missouri on the topic. Disgruntled purchasers of condominiums at the Branson Landing Hilton Promenade Boutique Hotel felt they got a bad deal and sued the seller/issuer to get their money back: Obester v. Boutique Hotel (.pdf) The owners claim the seller/issuer represented that the condominiums would be rented out and they would receive a portion of the profits, generating substantial revenue. I assume the investment did not turn out to be a financial windfall. According to…

  • Comments on Advertising Restrictions for Private Funds

    Doug Cornelius
    9 May 2012 | 7:00 am
    Section 201 of the recently passed Jumpstart Our Business Startups Act will change the advertising limits on private funds and any other company that raises capital through the private placement safe harbor in Rule 506 of Regulation D. That rule has historically prevented the use of general solicitation and advertising in selling private fund interests. Section 201 requires the SEC to lift the ban through a new rulemaking and gave the SEC 90 days (July 4) to do so. I still find it strange that Congress did not just create revise the underlying statutes to allow solicitation and advertising in…
  • add this feed to my.Alltop

    SimmonsFirm Blog: Recent Posts

  • Mesothelioma and Asbestos Updates for April

    23 Apr 2012 | 7:00 pm
    Posted by Simmons Law Firm April 24, 2012 The mesothelioma lawyers at the Simmons Firm have brought together some of this month's headlines, offering information on asbestos exposure, mesothelioma research, and support.  Proposed Budget Cuts Could Impact Public Health: As reported by the Asbestos Disease Awareness Organization (ADAO), “The U.S. Administration has announced a new budget that will significantly decrease funding for the Environmental Protection Agency (EPA) and other government agencies.” Cutting the EPA’s budget by 1/3, the impact of these cuts may result in a…

  • Asbestos Awareness Conference Exposes Startling Truth of Asbestos Use in India

    2 Apr 2012 | 7:00 pm
    Posted by Jack Daugherty April 3, 2012 Over the weekend, I attended the 8th Annual International Asbestos Awareness Conference, hosted by the Asbestos Disease Awareness Organization in Los Angeles. The event was the kickoff to National Asbestos Awareness Week here in the United States and Global Asbestos Awareness Week, which runs through Saturday. We’re proud to support the important asbestos awareness content and programs ADAO has scheduled for this week. Learn more about National Asbestos Awareness Week events >>> Last week, I posted about Keynote Speaker Matt Peacock’s…

  • ADAO Meets with Surgeon General Days Before Annual Asbestos Conference

    28 Mar 2012 | 7:00 pm
    Posted by Perry Browder March 29, 2012 Linda Reinstein, co-founder of the Asbestos Disease Awareness Organization, is truly a woman on the go. She is incredibly busy with the 8th International Asbestos Awareness Conference coming up this weekend in Los Angeles. Yet last Friday she and ADAO co-founder Doug Larkin still found time to visit with the U.S. Surgeon General Dr. Regina Benjamin and her Deputy Surgeon General Boris Lushniak in Washington, DC. The meeting, as Linda wrote in her blog post, was crucial because it gave them a chance to inform Dr. Benjamin how critical the Surgeon…

  • An Early Congratulations to Meso Survivor Larry Davis, Others Honored by the Asbestos Disease Awareness Organization

    22 Mar 2012 | 7:00 pm
    Posted by John Simmons March 23, 2012 On behalf of the firm, I would like to recognize this year’s ADAO Asbestos Awareness Conference honorees, including our client Larry Davis, a mesothelioma survivor from Pompano Beach, Fla. We would like to congratulate all of this year’s winners for the selfless work they’ve done not just this year, but in many cases over decades of their careers. Giving out awards to recognize the work done to promote asbestos awareness is so important because it give the mesothelioma community a reason to celebrate.  This year’s winners not only give us…

  • Roxana Village Takes on Shell Oil, ConocoPhillips Over Chemical Contamination of Community

    20 Mar 2012 | 7:00 pm
    Posted by Derek Brandt March 21, 2012 Yesterday our law firm filed suit on behalf of the Village of Roxana against Shell Oil Company, ConocoPhillips, and WRB Refining LP, alleging toxins such as benzene were released into the surrounding residential area, polluting the groundwater, land and air of the small community of less than 2,000 residents. Attorney Mike Stewart I have been investigating this case since last summer. In an Alton Telegraph article, Stewart talked about how this case is personal for our firm. Simmons Firm in Alton owner John Simmons graduated from Roxana High School, and…
 
  • add this feed to my.Alltop

    Texas Wills and Trusts Law Online

  • Limited Scope Legal Services

    Rania Combs
    9 May 2012 | 9:30 am
    When I shared my plans to start a Web-based law practice several years ago, most attorneys I told were a bit skeptical that it would work. Very few attorneys were practicing in the virtual realm and the idea of delivering legal services online seemed foreign to them. Times have changed. Americans use the Internet to shop, bank and communicate with friends and family. And more and more, they are turning to the Internet to seek the legal services they need. They appreciate the convenience of being able to contact an attorney on their time, rather than during traditional business hours. And they…

  • Selecting An Agent For Your Power Of Attorney

    Rania Combs
    2 May 2012 | 9:30 am
    If you were to become incapacitated, who would pay your utility bills, file your taxes or otherwise manage your financial affairs? If you have not legally named someone to act on your behalf, it may be necessary for a court to appoint a guardian to handle these matters for you. Guardianship is expensive and cumbersome and can easily be avoided by having a properly drafted durable power of attorney. What is a Durable Power of Attorney? A durable power of attorney is a written document that allows you to appoint a person who will be authorized to manage your financial affairs in the event that…

  • Who Is The Beneficiary Of Your Insurance Policy?

    Rania Combs
    25 Apr 2012 | 9:00 am
    I got a heartbreaking call from young woman recently that highlights the importance of updating ones’ insurance beneficiary designations after major life events. She and her husband had gotten married about two years ago, and were the parents of a toddler. Her husband was healthy, a soldier who recently completed a tour of duty in Afghanistan. Tragedy struck after he got home. While out for a run, he had a heart attack and died. Her husband had a life insurance policy that he had acquired before they were married. The death benefits would have been helpful as she pieced her life together…

  • Does a Revocable Living Trust Protect Assets From Creditors?

    Rania Combs
    18 Apr 2012 | 9:30 am
    Many people mistakenly believe that putting their assets into a revocable trust will shelter those assets from creditors. This is not the case. A revocable living trust is a trust that you create during your lifetime. You fund the trust by transferring legal ownership of your property to the revocable trust. However, when you transfer ownership of your assets to the revocable trust, you don’t relinquish any control over them. You still have the power to add assets to the trust, remove assets from the trust, and even revoke or amend the trust at any time and for any reason. Because you…

  • Planning for Your Incapacity

    Rania Combs
    11 Apr 2012 | 9:30 am
    Many people believe that having a Last Will and Testament is all the estate planning they need. But as advancements in medicine extend our lives, developing a mental impairment, such as dementia and Alzheimer’s, becomes more likely. Deborah L Jacobs wrote a great article this week highlighting the importance of planning for incapacity. She highlights a recent report from the Alzheimer’s Association which estimates that 1 out of 8 baby boomers will get Alzheimer’s after they turn 65. At age 85, the report estimates that half of all baby boomers will have the disease. With that in mind,…
  • add this feed to my.Alltop

    UsefulArts.us

  • Sexy & Smart, But Does This Mercedes Ad Sell?

    Dave Wieneke
    9 May 2012 | 7:36 am
    Wieneke’s first rule of sales: “in order to sell the shoe, show the shoe”. Nowhere is this more true than in car sales. But in this ad, Mercedes substitutes some “product lust” for, well…lust. And my question is – if this ad were in heavy rotation would have on demand. Same, neutral or negative?

  • Visual Hammers Come Before The Verbal Nails: Content and Digital Experience

    Dave Wieneke
    4 May 2012 | 11:11 am
    How much of the digital brands that you create are visual? Since digital experiences are mostly screen-based, the answer is that almost all our work is visual. Before anyone cares about our words, clients experience our brand, usually visually. Sure, our Kantian monkey minds boil everything down to words, but they come from experiences. In fact, studies of cognition teach us words are how we remember experiences. So, while this lovely viral video sets out to make the case for the power of words in marketing, I think power of its story comes from just about everything but words. So take quick…

  • The Digital Hunt for the Craigslist Killer Spawns Fresh Legal Issues

    Dave Wieneke
    1 May 2012 | 5:25 am
    Earlier this month the Boston Phoenix ran a transfixing analysis of the Boston Police’s use of online and cell phone data in their hunt for Craigslist Killer, Philip Markoff. If you haven’t seen the article, take a look. The Boston Police turned over their investigation files which reporters both analyzed and released. You can view seemingly endless crime scene photos and listen in on recordings of the interrogation. But perhaps most interesting, BPD released the its subpoena and Facebook’s response on what they knew about the suspect. Facebook is reserved about their…

  • SNOPA: Bill to Protect Facebook Privacy Introduced in Congress

    Dave Wieneke
    29 Apr 2012 | 6:33 am
    The Social Networking Online Protection Act, authored by Eliot Engel of New York, and sponsored by Jan Schakowsky of Illinois would ban the practice of requiring job applicants, employees or students to provide their social networking information. Earlier this month Maryland passed a similar bill. Perhaps I”m being charitable, but I’ve always assumed that employer Facebook snooping was likely based on one of two incorrect assumptions: That knowledge is power. If government can be Big Brother – why not job creators too? That having log on credentials would prevent publicly…

  • Want to See an Awesome App? (Congrats to ISITE on a big launch!)

    Dave Wieneke
    26 Apr 2012 | 5:22 pm
    The last 24 hours has been awesome ball soup cool.  It all started with the launch of Columbia sportswear’s very cool Portable Activity Log app. This free app builds on Columbia’s customers’ passion for adventure, by giving them and everyone else who joins in a free tool to collect and share news of your adventures. I think their corporate home page’s announcement may be the best thing I’ve seen on a computer screen. Columbia’s devoted the bulk of their home page to promoting its launch – and again, the word awesome comes to mind. Take a look. Today…
  • add this feed to my.Alltop

    aconnecticutlawblog.com

  • Come To Connecticut, We Respect You

    Ryan McKeen
    9 May 2012 | 8:58 am
    ‘‘The concept of equal protection under both the state and federal constitutions has been traditionally viewed as requiring the uniform treatment of persons standing in the same relation to the governmental action questioned or challenged.’ Constitutional right of equal protection ‘‘is essentially a direction that all persons similarly situated should be treated alike’’  Kerrigan v. Commissioner of Public Health Connecticut is a State that does not tolerate or codify hatred. Please come and live here or at least spend a few days here. If you’re a company, please relocate…

  • Rocky Hill Town Hall’s Posted Pet Policy

    Ryan McKeen
    26 Apr 2012 | 2:02 pm
    I took this picture at Rocky Hill Town Hall on Monday. Presumably they have a pet counter in the building. Though I was unable to confirm this.

  • One Sentence For Your Friday

    Ryan McKeen
    20 Apr 2012 | 7:19 am
    “You can be too trusting, but you can never be too trusted.”

  • Video: Bear Unfazed By My Dog

    Ryan McKeen
    12 Apr 2012 | 8:56 am
    This video was taken in my driveway yesterday. Click here to view the embedded video.

  • One Small Idea For Hartford

    Ryan McKeen
    9 Apr 2012 | 9:05 am
    4 hour parking limits at meters. Parking meters are presently capped at 2 hours. Like many people heading to court, I use these meters a lot.  If I’m heading in on a short motion, I’ll opt to fill the meter ($2) in lieu of paying $9 to park for the day. Many people do this. Clients and lawyers regularly have to leave court to feed meters. Delays are common in court. My small idea is to bump the meters to 4 hour limits. In exchange for the added convenience, I’d happily pay $5 for a 4 hour block of time. Under my proposal, the City would net an extra dollar (likely more) and…
 
  • add this feed to my.Alltop

    Legally India - News for Lawyers

  • 57 roles for NUJS 2012 grads in law firms, in-house, LPO, fellowships, CLAT coaching

    15 May 2012 | 9:41 am
    Exclusive: 57 out of a class of 100 NUJS Kolkata students graduating this year secured jobs with 26 organizations, through a mix of campus recruitment and applying independently, while almost a third of the remaining class opted to appear for civil and judicial service exams.

  • SEBI V USE; Passport info RTIed; India BigLaw’s Dewey lessons; Slaughters sticks to its guns…

    15 May 2012 | 8:07 am
    SEBI let’s United Stock Exchange go without penalty for having unusually high trading concentration among two members; Says stock exchange not at fault in absence of SEBI prescriptions for trade concentrations; But compensates by separately pulling up errant trading members [Mint] CIC rules in favor of RTI applicant asking for a man’s passport details; says Section 11, RTI Act does not give third party unrestrained veto to refuse such info; holds such disclosure analogous to disclosing personal information to public authorities under routine enquiries; Former chief CIC says, normally…

  • 25 jobs for NLS 2013 grads in AMSS, AZB, Ashurst & others after late Day Zero to not upset PPOs

    15 May 2012 | 3:29 am
    25 out of 76 students in NLSIU’s class of 2013 were placed across seven law firms and a foreign firm after 47 students participated in the law school’s so-called “Day Zero” on 12 May 2012, when six law firms and a foreign firm visited the campus.

  • ELP picks up Naik ally Prism for cap markets practice

    15 May 2012 | 2:04 am
    Economic Laws Practice (ELP) Mumbai has absorbed the year-old capital markets and securities boutique Prism Partners & Advocates, founded by PR Ramesh and Yogesh Chande, in its capital markets practice last month, ending the start-ups' short-lived referral relationship with Naik Naik & Co amicably.

  • Brandon’s story: Topping the UPSC after Amarchand, retakes and considering bread and butter

    14 May 2012 | 8:19 am
      A lawyers’ work routine can not only supplement but also complement preparation for one of the world’s most-failed exams, while failure, even if undeserved, can be a boon. So reads a page in the book of NLSIU Bangalore 2007 graduate Gitanjali Brandon, who secured rank 6, the highest ever for any national law university graduate, at the UPSC civil services exam 2011.
  • add this feed to my.Alltop

    LIBERTY AND JUSTICE FOR Y'ALL

  • Wow...Just Wow.

    Brandon W. Barnett
    10 May 2012 | 7:34 am
    I cannot believe what I just saw - outrageous police brutality and utter disregard for human life. See what I'm talking about HERE.  This video is unbelievable. Greenfield posted about this HERE as well.  Wow...

  • More Rules of the Road: Passing on the Shoulder is A-Okay

    Brandon W. Barnett
    9 May 2012 | 3:16 pm
    It appears that the Texas Court of Criminal Appeals is also becoming the State’s highest traffic court.  Last week, I posted about a CCA case involving merging traffic.  This week, the CCA issued an opinion on the legality of using the right shoulder of a road to pass a slower vehicle. In Lothrop v. State, the Appellant was pulled over after a police officer observed him using the right shoulder of the road to pass a vehicle that was slowing down.  Appellant was later arrested for Driving While Intoxicated.  At trial, he filed a motion to suppress the evidence gained…

  • Lane Ends, Merge Left

    Brandon W. Barnett
    3 May 2012 | 7:45 pm
    Back in 2010, I posted about Mahaffey v. State, a case in which the CCA directed the 12 District Court of Appeals (Tyler) to determine whether a "lane merge" is a "turn" under the Texas Transportation Code, such that it requires a driver to signal.  If a "merge" does not require a turn signal (as the appellant failed to do in this case), then the police stop was improper (without reasonable suspicion) and the evidence of his DWI gained from the stop should have been suppressed. The 12th Court took another look at the case and once again determined that a "merge" was a "turn" and thus…

  • Pre-Arrest, Pre-Miranda Right to Remain Silent

    Brandon W. Barnett
    1 May 2012 | 8:53 pm
    You have the right to remain silent…as long as you’re in custody and have been mirandized. In Salinas v. State, the Texas Court of Criminal Appeals addressed an issue about which it and the Supreme Court have remained silent while many other courts across the nation are split; whether the state may comment on an accused's silence prior to his arrest and Miranda warnings. In Salinas, the appellant was convicted for murder and sentenced to 20 years in the penitentiary after the state introduced evidence during guilt/innocence about his refusal to answer a question about the possibility of…

  • Mental Retardation and the 8th Amendment

    Brandon W. Barnett
    30 Apr 2012 | 9:07 am
    In 2002, the United States Supreme Court determined that the Eighth Amendment to the U.S. Constitution's prohibition against cruel and unusual punishment bars the execution of mentally retarded persons. Atkins v. Virginia, 536 U.S. 304 (2002).  The Court reasoned that neither retribution nor deterrence could be achieved by executing mentally retarded persons and that, because mentally retarded persons have a reduced ability to participate in their own defense, there is an enhanced risk that they would be sentenced to death unnecessarily.  However, the Supreme Court left it to…
  • add this feed to my.Alltop

    Associate's Mind

  • Will Posterity Follow Your Footsteps?

    Keith Lee
    15 May 2012 | 9:26 am
      I hope in these days we have heard the last of conformity and consistency. Let the words be gazetted and ridiculous henceforward. Instead of the gong for dinner, let us hear a whistle from the Spartan fife. Let us bow and apologize never more. A great man is coming to eat at my house. I do not wish to please him: I wish that he should wish to please me. I will stand here for humanity, and though I would make it kind, I would make it true. Let us affront and reprimand the smooth mediocrity and squalid contentment of the times, and hurl in the face of custom and trade and office, the…

  • On Mentors: To Sharpen Is To Destroy

    Keith Lee
    2 May 2012 | 10:28 am
      When I was an uchi-deshi, there were special classes reserved for senior students called kenshu (“sword sharpening”). During these classes, I would sit in seiza (“proper sitting”) for 30 minutes or so, listening to the instructor lecture on a multitude of topics. History, art, subtle points of techniques, themes, etc. If you haven’t come from a culture where sitting in seiza for extended periods of time is the norm, it’s very uncomfortable. LIke tough to stand up afterwards, I can barely walk, uncomfortable. After the lecture there would be an hour…

  • Millennial Jurors: Entertain Us

    Keith Lee
    26 Apr 2012 | 10:06 am
    “If a generation is going to arrive in the jury box that is totally unused to sitting and listening but is using technology to gain the information it needs to form a judgment, that changes the whole orality tradition with which we are familiar.” November 2008, Lord Chief Justice of Great Britain, Sir Igor Judge. So begins an article in the Texas Bar Journal entitled “The Millennial Juror.” (PDF) It continues with a broad overview of Gen Y and how they function (or don’t) as jurors. Dr. Mary Noffsinger, a litigation psychologist with Courtroom Sciences, Inc.:…

  • Review: Virtual Law Practice: How to Deliver Legal Services Online

    Keith Lee
    23 Apr 2012 | 10:45 am
      A couple weeks ago, the Alabama Supreme Court adopted changes to the Rules of Civil Procedure and the Rules of Professional Conduct permitting “limited scope representation” (LSR) or “unbundled” legal services. There have also been a number of modifications to the Alabama Rules of Civil Procedure new rules, but I wanted to break out Rule 11(b) in particular: An attorney may draft or help to draft a pleading, motion, or other paper filed by an otherwise self-represented person. The attorney need not sign that pleading, motion, or other paper but shall include a notation at the…

  • A Judge’s Mind or 5 Cognitive Illusions of Judges

    Keith Lee
    18 Apr 2012 | 2:18 pm
      I recently got around to reading a whopper of an old law review article that I had been wanting to read for awhile entitled, “Inside the Judicial Mind.” From the introduction: …we conducted an empirical study to determine whether five common cognitive illusions would influence decision making of a sample of 167 federal magistrate judges. These five illusions are: anchoring (making estimates based on irrelevant starting points); framing effects (treating economically equivalent gains and losses differently); hindsight bias (perceiving past events to have been more…
 
  • add this feed to my.Alltop

    Lawyerist

  • Best Law Firm Websites of 2012 (Vote for #1)

    Karin Conroy
    15 May 2012 | 11:11 am
    This year’s post about best law firm websites is a little different than the past. In 2010 and 2011, I provided links of sites that I found to be the best representation of great website design in order to provide inspiration for firms that were looking to develop or redesign their websites. I based my choices on my own professional design judgement with a few criteria that I explained. This year, nominations took place here, on Lawyerist. Selection Criteria The collection below is different because it represents a selection of the best sites that were nominated here on Lawyerist. So…

  • 3 Questions New Lawyers Must Ask Themselves

    Guest
    15 May 2012 | 8:41 am
    Guest post by Jeff Cohen. For a man to conquer himself is the first and noblest of all victories. – Plato As a law student or newly minted lawyer, you have utilized the Socratic Method to unravel mysteries such as discerning the rule of law we get from Pennoyer v. Neff. (What the hell was the rule we got from Pennoyer v. Neff by the way? Sorry, it’s been a while…) Well, regardless, let’s dust off good old Socrates and use his methodology to ask ourselves three questions indispensible to crafting a successful career. Answering honestly may be difficult, but we owe…

  • This Potential Client’s Letter is Adorable

    Sam Glover
    14 May 2012 | 10:29 am
    Minnesota consumer lawyer Bryan Battina got this letter from his nephew, Charlie, who is interested in suing Skyzone, which is apparently an indoor trampoline park. Two things. First, Charlie’s letter is adorable. Second, INDOOR TRAMPOLINE PARK! Why was I not aware of this? This Potential Client’s Letter is Adorable is a post from the law firm marketing blog, Lawyerist.com

  • Verbatim Ultra-Slim Bluetooth Keyboard Review

    Randall Ryder
    14 May 2012 | 7:00 am
    Lawyers can use an iPad in their practice in more than one way, whether it be for client meetings or in the courtroom. For attorneys on the go, a frequent complaint is that you still need to bring a laptop, because typing on the iPad is less than ideal. With that in mind, I was very excited to try out the Verbatim Ultra-slim Bluetooth Keyboard. It turns out the iPad keyboard is much better than I originally thought. What I like about the keyboard The design is clean and the product feels remarkably sturdy given it’s relatively slim design. It comes in a nifty little sleeve that fits it…

  • Should Lawyers Embrace a Cashless Future and Accept Credit Cards?

    Gyi Tsakalakis
    14 May 2012 | 7:00 am
    As discussed over at Mashable, a new MasterCard poll reveals that nearly three out of four Americans (73%) say they use less cash today than 10 years ago. Which really shouldn’t come as much of surprise. However, when it comes to lawyers accepting credit card payments for legal services, there seem to be some serious obstacles, as described by at the Andrea Goldman and John W. Marshall at the Massachusetts Bar Association: For lawyers, it does not feel entirely professional or dignified to reduce one’s payment to such an obvious process. Most of us do not like asking for money.
  • add this feed to my.Alltop

    New York Personal Injury Law Blog

  • Travolta Sex Cases and Anonymity

    Eric Turkewitz
    11 May 2012 | 2:18 pm
    Even if you don’t follow salacious Hollywood news, it’s hard to miss the stories coming out of John Travolta being sued for sexually harrassing masseuses. A couple have already sued him, under cover of anonymity. We’ve seen this story play out before: A John or Jane Doe brings a case in federal court on some sensitive subject and asks to be anonymous. But just asking for anonymity is not the same as keeping it. I hit this story the first time in 1997 when a woman sued in a New York federal court over a sexual assault. She wanted to stay anonymous. The court wouldn’t…

  • Study Says Texas Medical Malpractice Tort “Reform” Is A Bust (Is Congress Listening?)

    Eric Turkewitz
    9 May 2012 | 9:43 pm
    I’ve written before about the savage Texas medical malpractice “reform” that was implemented in 2003 and its inherent injustice. The premise was that if the state capped pain and suffering awards at $250,000 for doctors (no matter how many were liable) and $250,000 for hospitals, it would encourage more doctors to practice medicine in Texas. The cap was nominal, meaning it was not adjusted for inflation, so it remains at that stagnated level. Now there is a study that debunks the premise of that so-called reform. And even tort “reformer” Ted Frank agrees that the…

  • Disconnected from my Self Phone

    Eric Turkewitz
    9 May 2012 | 8:47 am
    I lost my phone two weeks ago.  In an age of instant communications, that had the potential for anxiety and crisis. Since it was an iPhone, it also cut me off from instant email, texts, sports scores and Googling to settle friendly bets. You know, the important stuff. But I probably didn’t miss too many incoming calls, as I don’t readily give out the number to too many. I don’t want to be reached at an instant’s notice by anyone. When I tried to replace it with a gently used phone bought on eBay (my contract wasn’t up, and I would have to pay full freight for a…

  • The Chinese Dissident, George Zimmerman, Bernhard Goetz, and Jury Selection

    Eric Turkewitz
    3 May 2012 | 9:01 am
    It happens time again like clockwork. An item appears in the press, and the facts behind the story are not clear. And yet people leap up to take passionate stands on the issue. Since the desire of some people to leap to conclusions is also important for jury selection, a short look at three high-profile incidents is worth exploring. Item 1 comes from 1984 when white New Yorker Bernhard Goetz is approached by four black teens on the subway asking for money, while one of them wields a screwdriver. (The wielding of screwdrivers as a threat was an item in the press, not an actual fact of what…

  • Money, Money, Money

    Eric Turkewitz
    26 Apr 2012 | 6:38 am
    ♫ ♪ Money makes the world go around, the world go round, the world go around ♪ ♫ I don’t usually write about BigLaw stuff, but money matters to SmallLaw also.  Today we’ll look at one BigLaw money story and one SmallLaw legal decision that just came out, and why they both matter. In the world of Big, Dewey LeBoeuf appears to be imploding because they are deeply in hock to the banks. Why? Due to an exodus of about 70 partners, apparently leaving it close to breaching its loan covenants with the bank. The problem is that law is not just law, but it’s a business. A…
  • add this feed to my.Alltop

    The Probate Lawyer Blog: Famous Fortune Fights!

  • Samsung Billionaire Accused of Stealing Millions From Late Father's Trust

    Andrew & Danielle Mayoras
    3 May 2012 | 8:16 am
    The chairman of the Samsung Group, Lee Kun-hee, comes in at number 106 on Forbes’ list of the world’s top billionaires, with a reported net worth of $8.3 billion, as of March. But did he acquire some of that fortune illegally from his late father’s trust?  That’s what his brother and sister accuse him of in a recent lawsuit that is growing uglier by the day.   In February, Kun-hee’s older brother, Lee Maeng-hee, filed the suit in Seoul, South Korea. Now joined by two other family members, the lawsuit claims that when their father, Samsung Group founder Lee Byung-chull, died in…

  • What Does Tupac's Hologram Mean For Other Celebrity Estates?

    Andrew & Danielle Mayoras
    26 Apr 2012 | 2:53 pm
    The music world has been buzzing ever since the surprise appearance of Tupac Shukar — well, that is, a digitally-created 3-D image of Tupac — on stage to rap at the Coachella music festival in California.  Some have described this as creepy, like seeing a ghost.  Is this going to be a new trend for celebrity estates?  Should it be?  First, there is the issue of legality.  Was it legal for Dr. Dre and Snoop Dogg to bring Tupac’s image on stage?  Because this was a use of Tupac’s image and likeness for commercial purposes, only the holder of the “right of publicity” for Tupac…

  • Archie Comics Power Struggle Teaches Lesson On Succession Planning

    Andrew & Danielle Mayoras
    19 Apr 2012 | 7:35 am
    The New York Times recently featured a fascinating article called The Battle for a Comic-Book Empire That Archie Built.  It detailed the ongoing legal battle over the two dueling CEO’s of Archie Comic Publications.  On one side is Jonathan Goldwater, the son of John L. Goldwater who was one of three founders of the company and the visionary behind the Archie character, created in 1941.  Goldwater became a co-CEO and controller of one-half interest in the company after his half-brother, Richard Goldwater, died in 2007. Nancy Silberkleit is the widow of the son of another founder, Louis…

  • Brooke Astor Estate Settlement: Marshall Gets His Just Deserts

    Andrew & Danielle Mayoras
    9 Apr 2012 | 9:56 am
    News broke recently about a global settlement involving the estate of Brooke Astor.    The renowned New York society queen and philanthropist, who died at age 105, left behind an estate of nearly $200 million dollars.   Astor’s assets — along with the $50 million charitable trust of her late husband — have been tied up since she passed in 2007.  The fighting was so extensive that it dragged in a “who’s who” of top New York City institutions, including the Metropolitan Museum of Art, Carnegie Hall, the New York Public Library, Rockefeller University, and even the United…

  • Amy Winehouse Didn't Have A Will After All, But Did Have Millions

    Andrew & Danielle Mayoras
    2 Apr 2012 | 7:30 am
    Shortly after Amy Winehouse passed away from accidental alcohol poisoning at the age of 27 last July, reports surfaced that she not only had a will, but she had the foresight to update her will after her divorce from ex-husband, Blake Fielder-Civil.  These early reports have recently been proven wrong.   Probate records were recently filed showing that Winehouse died intestate, meaning without a valid will. The estate value is listed as £4,257,580 (worth about $6.7 million U.S.) in total assets, but taxes and other debts reduce the value to £2,944,554, or $4.66 million, U.S.  Many…
 
  • add this feed to my.Alltop

    UNWASHED ADVOCATE

  • Thank Goodness for Barrister James Fung

    Eric
    8 May 2012 | 6:42 pm
    In today’s world, many lawyers think only of themselves. Greedy. It is, therefore, refreshing to find someone as generous and hard-working as James Fung*. He went out of his way to find and notify me of this tragic death. He seemed so pleased to know that I trust him with my bank account and routing numbers. As for me, I’m just happy to help someone who had my last name. *With apologies to any truly honest and hardworking attorneys out there who are also named James Fung.

  • Related or Coincidence?

    Eric
    8 May 2012 | 11:47 am
    I’ve read these two information sources for years, and I just now notice the similarity.

  • Got Security?

    Eric
    28 Apr 2012 | 10:34 pm
    So, suppose you use the cloud and various web-based services to manage your practice. Also suppose you take a fairly hot-button case such as representation of an alleged war criminal. Now, suppose that the alleged war criminal cuts a deal with the government. It gives a little and takes a little, just as most deals do. You worked hard for it as his attorney, and your hard work paid dividends. Hackers, upset when they discover that the outcome favors the alleged war criminal, go nuts with your practice’s cyber presence. Essentially, it is a raid of your cyber underwear drawer. You lose…

  • A Full White Caddy

    Eric
    28 Apr 2012 | 12:07 am
    I need a driver this week. Been thinking about Hunter Thompson. Not sure why. Don’t really care. He can’t drive though, but I wish he could. So, who to drive? Dan Hull leaves me no choice. He ripped out this week, jumping on all 8 cylinders of pure Detroit iron. He painted one helluva picture, but my eyes are looking at the frame. Solid, strong, uncompromising, and demanding your attention away from the splatters of paint. Once he got behind the wheel of our white baby, the lines on the road weren’t law. They were just helpful hints. He talked about what others wrote. That…

  • Military Lawyer Firing Epidemic

    Eric
    24 Apr 2012 | 1:13 pm
    Well, it happened in Bales. Now, it is happening in Manning. Pfc. Bradley Manning has a new military lawyer working with his civilian defense attorney as he faces charges in connection with the largest leak of classified documents in U.S. history. The Army intelligence analyst is suspected of leaking hundreds of thousands of classified military and State Department documents while serving in Iraq. Many of those documents ended up on the WikiLeaks website. At a hearing Tuesday, Manning requested that the two military attorneys who were assigned to him, Maj. Matthew Kemkes and Capt. Paul…
  • add this feed to my.Alltop

    THE NUTMEG LAWYER

  • Believe it or Not, Lawyers Have Mothers Too

    13 May 2012 | 8:00 am

  • Gosh, Batman, when you put it that way..

    11 May 2012 | 1:48 pm
    Adam West as Batman If you practice law, I am sure you have those days (or weeks) where you reconsider the professional path you have undertaken.   Maybe you shouldn't have listened to your mother when she talked you out of being a professional juggler.  Maybe the circus was the right path for you.  I had one of those weeks.  It resembled a never ending Saturday Night Live skit.  It included real estate closings that fell through, unscheduled visits from ornery clients, and a slew of relatives asking for never ending pro bono help on a myriad of traffic violations.

  • Maybe He's Just Not That Into You. When the Prosecutor Doesn't Like You.

    16 Apr 2012 | 5:00 am
    Try Changing Your Cologne I recently caught up with an old law school friend who was lamenting that a particular Superior Court prosecutor did not like him very much.  No matter how hard he tried, his clients seemed to constantly get bad pretrial offers. "The guy is a jerk" he blasted. "He hates me."  My friend sounded like a dejected elementary school student who was convinced his teacher was out to get him. He ranted about how he was always sitting around in court for hours waiting for his case to be called. For some reason, his case always seemed to…

  • Local Lawyer Speaks Over 50 Languages.

    5 Apr 2012 | 10:58 am
    One of the great advantages I get from reading other legal blogs is I often pick up tips that help my own law practice. My reading list continues to expand as I come across new sources of information.  In recent weeks, I have particularly enjoyed Attorney John Harding's "Family Law Lawyer Tech & Practice Law Blog."  I had recently purchased an iPad and have found his posts to be quite useful.  One of John's recent posts lead me to Attorney Josh Barrett's "Tablet Legal Blog" where he laid out 60 iPad Apps which he presented at the ABA Tech Show in Chicago.  I took…

  • A Frugal Attorney Becomes His Own Wi-Fi Hot Spot. The NL Reviews Netzero.

    3 Apr 2012 | 5:39 pm
    Recently, I purchased an iPad to use primarily in daily law practice.  I convinced myself that I desperately needed the device to become a more efficient attorney. (At least that's what I told my wife. Frankly, I am running out of good excuses for my impulse buys.  You try to explain why you needed a replica phonograph that played mp3s, records, cassettes and cds.  Apparently,"I needed something that I could use to listen to my old Bar Bri tapes" does not fly as a good reason.) Truth be told, the iPad has been a tremendous time saver for me.  Gone are the days where I need…
  • add this feed to my.Alltop

    Law and Baseball

  • Winthrop at Coastal Carolina rained out

    Johnny Gardner
    13 May 2012 | 1:48 pm
    Game three of the Winthrop at Coastal Carolina baseball series has been cancelled due to rain.

  • Campbell sweeps Radford

    Johnny Gardner
    13 May 2012 | 12:10 pm
    BUIES CREEK – Campbell (38-15, 13-8 Big South) moved into second place in the Big South standings with a doubleheader sweep of Radford (26-24-1, 11-10 Big South) on Saturday at Taylor Field. The Fighting Camels won the first game 6-4 before taking the nightcap 1-0 behind the arms of Hector Cedano, who tossed 8.1 innings of three-hit ball in the start, and Ryan Mattes. Mattes recorded a save in all three games of the series to break the Campbell single season saves record with his ninth of the year in Game 2. Michael Felton was 6-for-9 on the day to complete a week in which he batted .625…

  • Buccilli leads Coastal over Winthrop 4-1

    Johnny Gardner
    12 May 2012 | 5:05 am
    Coastal Carolina defeated Winthrop 4-1 in the series opener at Charles Watson Stadium/Vrooman Field Friday night. The Chants are now 34-15, 15-4 while the Eagles fall to 14-33, 7-12. Alex Buccilli went 4-for-4 and accounted for three of the Chanticleer’s four runs. He laced an RBI single into right field to give Coastal a 1-0 lead in the first inning. Rinse and repeat in the third inning. He then stole second and scored on a Tucker Frawley single to left field to put Coastal up 3-0. Tyler Herb (8-2) picked up the win for the Chants. He gave up one run on two hits over 5.0 innings pitched.

  • Coastal wins at Clemson 10-7

    Johnny Gardner
    26 Apr 2012 | 4:03 pm
    Rich Witten pounded out a two-run double down the left field line to give Coastal Carolina a 9-7 lead in the eighth inning at Clemson Tuesday night. He then scored on a Tucker Frawley single to cap a four-run inning and the Chanticleers held on to win 10-7. Coastal is now 27-13, while the Tigers dropped to 24-18. This game was a seesaw contest with five lead changes beginning with the first inning and going right up to the aforementioned eighth. However, none was more dramatic than the sixth when Clemson scored five runs on four Coastal errors to take a 7-5 lead. This was an important W for…

  • CCU, Liberty drop extra-inning games

    Johnny Gardner
    21 Apr 2012 | 12:30 pm
    The short story on the Big South Conference standings is that nothing has changed. The longer story is that the frontrunners failed to capitalize on an opportunity for separation in the race for the regular season championship. Here’s how the standings looked going into this weekend: Coastal Carolina 7-2 (.778); Liberty 9-3 (.750); Campbell 8-4 (.667); and Radford 6-3 (.667). High Point was next in line at 7-5 (.583). Coastal Carolina lost to High Point 8-5 in 12 innings. The Chanticleer line score tells the whole story: 5-9-6. Any time you boot the ball more times than you score, it’s…
 
  • add this feed to my.Alltop

    Fashion Law | Fashion Lawyer | Fashionentlaw.com

  • Russell Solomon, Founder Tower Records, to be Honored May 5th, 2012 at the Artistic License Awards

    FASHIONENTLAW.COM
    4 May 2012 | 3:02 pm
    Tomorrow, May 5th, 2012, Russell Solomon, a high school drop out who founded Tower Records and turned the company into a billion dollar business, will be honored at the 2012 Artistic License Awards in Sacramento, California. Present for the event will be some of the Bay Area and Sacramento’s prominent members of the community. Solomon will be honored alongside Milton Bowens, Assemblymember Roger Dickinson, Lial Jones, Susan Orr and Jerry Perry his and all of their amazing work in the arts. I look forward to attending the event and hope to see some of you local Fashionentlaw.com readers…

  • Local Event: Delta College Fashion Program Presents ‘A Story of Fashion,’ May 11th, 2012 at Lincoln Center

    FASHIONENTLAW.COM
    29 Apr 2012 | 8:26 pm
    FOR IMMEDIATE RELEASE NEWS RELEASES FOR LOCAL EVENTS NON-PROFIT ORGANIZATION: THE FASHION PROGRAM SAN JOAQUIN DELTA COLLEGE CONTACT: Leslie Asfour Program Director Fashion & Interior Design San Joaquin Delta College 209-954-5573 SHOWCASE OF EMERGING FASHION DESIGN TALENT! A STORY OF FASHION IS IN ITS FIFTH YEAR, BRINGING FASHION TO STOCKTON IN A LIVE PRODUCTION FASHION SHOW! (STOCKTON, CA – April 25, 2012)- One of the amazing gems of Stockton is the Fashion Department at San Joaquin Delta College and its annual Designer Collections Fashion Show. Each year, the college chooses a…

  • Local Event: Mario B’s Second Annual Spring Bling Runway/Fashion Show

    FASHIONENTLAW.COM
    29 Apr 2012 | 8:15 pm
    As a Bay Area native, I enjoy highlighting some events locally here. Here is one I recently received. Please check it out and if you will participate, be sure to do your own due diligence to be sure it is a fit. *** Mario B of Mario B productions at Uptown Studio invites you to be apart of his next runway show, this years theme is Spring Bling. The show will be held May 19th at Uptown Studios 1738 Telegraph Oakland, Ca were looking for the hottest designers spring and summer appareal for men woman and children.Were also looking for Videographers, Models, photographers, Make Up Artist, Hair…

  • Fashion Law: Fashion Cloture – Intellectual Property & The U.S. Economy 2012 Report

    FASHIONENTLAW.COM
    13 Apr 2012 | 10:48 pm
    My gorgeous colleague and fellow fashion law afficionado, Ms. Kenya Wiley, gives us an update from the Capital. It’s a report released by the U.S. Department of Commerce Office on Intellectual Property & The U.S. Economy. There are some key findings that is highly beneficial for all in the fashion and entertainment industries. Please visit Kenya’s blog Fashion Cloture to download the report. Photo description: L-R: Fashion Law Colleague Muhammad of Fame Appeal, Kenya Wiley of Fashion Clouture at Fordham Law School of Fashion event. Photocredit: Fordham Law /Fashion Law…

  • Fashion Law: Artist Prince to Pay Almost $4Million To Perfume Company for Breach of Brand Ambassador Agreement

    FASHIONENTLAW.COM
    13 Apr 2012 | 10:01 pm
    I have discussed brand ambassador agreements in the past. I have also said when you sign up to be the face of a brand as a celebrity or personality, there are important obligations that come with it that must be fulfilled. A key part of such obligation is promotions. The recent case by a perfume company called Revelations, against the artist Prince, underscores my point. “A New York judge Friday ordered pop star Prince to pay $3.95 million to a perfume maker for failing to promote the 3121 line of scents. Prince was sued by Revelations Perfume and Cosmetics in 2008 for failing to…
  • add this feed to my.Alltop

    Law and Daily Life

  • FindLaw's Free Legal Guide to Applying for a Job

    Edward Tan, JD
    15 May 2012 | 10:57 am
    No one likes the process of applying for a job. There's no real guide on how to find work. The search alone can wear people down and writing cover letters is no picnic. But what about your legal rights? It's probably not what most people think about when it comes to getting a job. But it should be. Whether you know it or not, job applicants have rights. And they don't just come after you're hired either, some attach before. Sound odd? It's actually not that weird when you think about it. Many are aware that employers generally can't discriminate against workers based on race, national origin,…

  • Don't Bother Avoiding Process Servers

    Stephanie Rabiner, Esq.
    15 May 2012 | 8:01 am
    Many people think they can avoid a lawsuit by avoiding a process server. After all, a lawsuit can't officially commence until the defendant has been given proper notice. Unfortunately, many people are wrong. The law knows these tricks and has made provisions for those difficult to serve defendants. Just because you avoid a process server, it doesn't mean you can't be served and sued. It just means the plaintiff has to opt for Plan B or C. Before we get to these two plans, let's talk about personal service. Personal service is when a process server personally hands a summons and complaint to a…

  • NY Considers Transgender Discrimination Bill

    Stephanie Rabiner, Esq.
    15 May 2012 | 7:02 am
    New York legislators recently debated a bill that would prohibit discrimination on the basis of gender identity and gender expression. The NY transgender bill would amend all of the state's anti-discrimination laws, including those that cover employment and housing. The State Assembly passed the legislation with overwhelming support, but it is currently sitting in the Senate Rules Committee. Supporters are trying to mobilize a floor vote before the end of the current legislative session. For those who think the NY transgender bill is ahead of the curve -- think again. Sixteen states and the…

  • $500K Loan to Medical Pot Company Not Enforceable: Judge

    Stephanie Rabiner, Esq.
    14 May 2012 | 10:30 am
    Don't lend money to a medical marijuana company. Don't even contract with a medical marijuana company. If a recent Arizona case is any indication, it's a pretty bad idea. A state judge has dismissed a lawsuit brought by two individuals who lent a Colorado medical marijuana company $500,000. Michele Hammer and Mark Haile sued the company, Today's Health II, after it failed to repay the loan and interest fees. Unfortunately, the judge has refused to enforce the underlying contract. You see, contracts that have an illegal purpose or that violate public policy are generally not enforceable. The…

  • NY Landlord to Pay $2M in Sex Harassment Suit

    Stephanie Rabiner, Esq.
    14 May 2012 | 7:57 am
    The owners of a Manhattan apartment building have agreed to pay $2 million to settle a sexual harassment lawsuit brought by a group of female tenants. Landlord Stanley Katz, his son Stephen Katz, and superintendent William Barnason are all part of the agreement. The women accused the landlord of sexual harassment and of allowing his son and Barnason to target them with "humiliating and abusive behavior." All three have also been accused of calling female tenants "whores looking for a free ride." William Barnason, who served time for sexually assaulting three girls, was the worst, according to…
 
  • add this feed to my.Alltop

    Gavel to Gavel

  • Time running out for judiciary-related initiatives in Colorado and Oregon

    Bill Raftery
    15 May 2012 | 8:00 am
    There are already 9 judiciary-related items on the 2012 ballots this year (and a 10th was stricken). With most legislatures now out, the only remaining way to get things on the ballot is via initiative or referendum, and there there remains scant little time for that. Presently, there appears to be only two items circulating and neither of them appear to be gathering signatures. Colorado Proposed Initiative 2011-11 (DEADLINE: August 6) Changes term of office for the justices of the Colorado Supreme Court from ten years to two years. Prohibits a justice from serving as chief justice for more…

  • Bans on court use of sharia/international law: Killed in Alabama, legislatively approved in Kansas, withdrawn in New Jersey, sent to study committee in New Hampshire

    Bill Raftery
    14 May 2012 | 8:52 am
    With most legislatures now out of session, the last month saw little activity on legislation dealing with bans on court use of sharia/international law, but what there was was all in the last week: May 7: Kansas’ House approves unanimously (120-0)  SB 79 as amended by the House, a statute to ban the use of foreign or international law. May 8: New Hampshire’s Senate Judiciary Committee recommended referring that state’s version (HB 1422) to an interim summer study. May 9: Alabama’s Senate voted to indefinitely postpone and effective kill proposed constitutional…

  • Week ahead: Critical votes in NH Senate, NJ legislature considers raising mandatory judicial retirement age, increasing court costs to pay for LA indigent defense

    Bill Raftery
    14 May 2012 | 8:10 am
    Legislatures Coming Into Session North Carolina 5/16 Legislatures Going Out of Session Alabama 5/16 (30th legislative day) Floor/Committee Activity of Note May 14 May 15 Louisiana Senate Judiciary B Committee HB 325 Increases the special cost assessed in criminal cases in each judicial district court for the district indigent defender fund. Approved by full House 4/30/12. May 16 New Hampshire Senate CACR 26 (Constitutional Amendment) AS APPROVED BY HOUSE: Repeals constitutional provision authorizing the chief justice of the supreme court to make rules governing the administration of all the…

  • Missouri and other state legislatures consider compelling state courts to ignore Affordable Care Act, prosecute judges and federal officials who enforce

    Bill Raftery
    11 May 2012 | 11:12 am
    There’s been a great deal of state legislative activity in the last 2 years to voice opposition to the Patient Protection and Affordable Care Act. While the federal courts, and currently the U.S. Supreme Court, have contended with the constitutionality of the subject, state legislatures have issued resolutions in opposition and/or adopted laws prohibiting state agencies from participating in implementation. Several states, most notably Missouri, have taken this a step further and considered prosecuting in state court federal and state officials for implementing the law.  Moreover, the…

  • Issue 6:19 is out – Collecting court debts, merit selection in MO, governing NH’s circuit courts, CT judicial compensation, e-filing in CA

    Bill Raftery
    10 May 2012 | 1:20 pm
    Issue 6:19 is here. Hawaii’s Senate passes for second time plan to let CJ call retired judges back into service California bill would expand civil e-filing Bills advancing in Missouri and Oklahoma would permit use of debt collection agencies to recover money owed the courts Changes to Missouri’s merit selection for appellate court judges approved by Senate
  • add this feed to my.Alltop

    William Carleton, Counselor @ Law

  • Signed Laws & Rules Around the Corner

    William Carleton
    15 May 2012 | 2:04 am
    One way to remind ourselves how much is at stake in JOBS Act rulemaking - even though the JOBS Act itself has already passed - is to remember what happened to the net worth standard under the accredited investor definition of Regulation D, following the passage of Dodd-Frank. Two years ago, Section 413 of Dodd-Frank changed the accredited investor net worth standard, mandating that "during the 4-year period that begins on the date of enactment of this Act, any net worth standard shall be $1,000,000, excluding the value of the primary residence of [a] natural person." This is how…

  • Ads by default

    William Carleton
    14 May 2012 | 10:00 am
    Commenting on Saturday's post on GeekWire, Jake Ludington asked, "I'm curious what you would propose as an alternative to advertising for Facebook's mobile revenue strategy?" I couldn't really answer the question because I don't know. Intuitively, I feel that monteziation might well involve the social recommendation aspect that Facebook COO Sheryl Sandberg talked about in the Facebook IPO roadshow video, excerpts of which I transcribed and quoted in yesterday's post. But the "recommendations" could be negative as well as positive. Negative…

  • "This is word of mouth at scale for the very first time."

    William Carleton
    13 May 2012 | 6:24 pm
    Follow up to yesterday's post (both here and on GeekWire) about Facebook, and whether nuanced, last minute changes to Facebook's IPO prospectus signal an awareness that advertising may not be the right way to monetize the company's mobile products: a video Facebook put together for its IPO roadshow seems unequivocal on the points that (a) ads are part of Facebook's future, and (b) the future is mobile. Here is the video. Advertising is one of the four main topics of the video. The advertising topic begins at about minute 13. I wouldn't say that the discussion of…

  • Is Facebook telling us it's already finding mobile users don't like ads?

    William Carleton
    12 May 2012 | 6:54 am
    The story is out that Mark Zuckerberg says Facebook's current priority is improving users' mobile experience. And I know there has been press about the amendment to Facebook's SEC filing this week, in anticipation of pricing the IPO, to the effect that Facebook knows it needs to monetize on mobile. But I wonder if the new SEC disclosure is more nuanced than anyone else is catching. I ran a redline of this week's Facebook amendment against the prior filing. Only three substantive changes in the entire draft prospectus. All three are worth looking at. Here's the first:…

  • Equipment planning

    William Carleton
    11 May 2012 | 9:35 am
    Gorgeous morning in Seattle. Dictating some thoughts as I enjoy the morning by taking a walk for coffee. I'm taking a big trip next month, and it means to be a vacation. Though I'll want to report and post to my blog from abroad. The tablets - ipad, kindle fire - have turned out for me a bust. James Fallows recently made this point if more tentatively, but I'll see him and raise him: for readers, paper books and glossy magazines yet have far more tactile and other sensual pleasures. (Of course we have already established that tablets today are for consuming and not creating.) But I don't…
  • add this feed to my.Alltop

    The Probate e-Lawyer

  • New Rules Can Save Money on Alabama Probate Expenses

    Jeramie Fortenberry
    8 May 2012 | 8:00 am
    The Alabama Supreme Court recently approved a set of rules to facilitate “limited scope” representation.  Limited scope representation allows lawyers to assist clients with a specific part of a legal matter even if the client does not need (or cannot afford) representation in the rest of the matter.For example, an attorney could provide limited representation by drafting the probate pleadings for an Alabama probate case.  The client could otherwise deal with the court clerk and represent themselves in the litigation.The decision follows a similar 2010 opinion by the counsel for the…

  • Changing a Florida Last Will and Testament in Probate Court

    Anthony Marek
    3 May 2012 | 10:00 am
    Wills are sometimes unclear.  Whether due to sloppy work by an attorney or a do-it-yourself approach, there is sometimes a need for a court to step in to help clarify what a Florida Last Will and Testament actually means.But what if there is no ambiguity to the will?  Can the court still step in to change the terms of a person’s Last Will and Testament if there is no question about what those terms mean?Historically, the answer has been “no.”  Florida probate law restricted the courts’ ability to make changes to the unambiguous terms of a will.   If a person could read the will…

  • How Much Does Florida Probate Cost?

    Anthony Marek
    23 Apr 2012 | 9:00 am
    Our most common questions from prospective clients have to do with the cost of Florida probate.  Most people understandably want to know how much probate will cost before they start the process.  And if the estate is relatively small, knowing the cost of probate can help you decide whether it is worthwhile.The biggest cost in a Florida probate proceeding are usually attorneys’ fees.  Although there are other costs (such as filing fees, publication costs, or accounting fees), the bulk of probate expenses are attributable to the fee paid to the attorney who represents the personal…

  • Florida Tenancy by the Entirety

    Anthony Marek
    18 Apr 2012 | 8:00 am
    As we discussed in Using Deeds to Avoid Probate of Real Estate in Florida, there are several different ways that real estate can be held.  As you might expect, there are advantages and drawbacks to each.A “tenancy by the entirety” (also called “tenancy by the entireties,” “estate by entirety,” or any number of variations thereon) is a special form of joint ownership that is available only to a married couple.  You may not hold property as tenants by the entirety with anyone other than your spouse, thus ruling out friends, domestic partners, relatives, pets, and inanimate…

  • Spouses Win, Children Lose Under New Florida Intestate Law

    Anthony Marek
    29 Mar 2012 | 9:08 am
    Recent changes to Florida’s intestate succession laws make drastic changes to the amounts that spouses and children receive from individuals who die without a will in Florida.Brief Overview of IntestacyA Florida Last Will and Testament is essentially a set of instructions about how a person’s assets should be distributed.Some people die without Wills. Others die with Wills that they thought were valid, but are defective in some way and cannot be probated. In either case, the deceased person is said to have died “intestate.”Without a Will, the court has no way of knowing how the…
 
  • add this feed to my.Alltop

    Criminal Defense Lawyer - Best Criminal Lawyer

  • Michigan Criminal Law – This is National Crime Victims’ Rights Week

    admin
    22 Apr 2012 | 8:00 am
    This week, April 22nd through April 28th, is National Crime Victim’s Rights Week. Each year, the Office for Victims of Crime (OVC)—part of the United States Department of Justice—leads local communities in programming to promote victims’ rights. As criminal defense lawyers, we are involved in the criminal justice system on a daily basis. We do appreciate the challenges and struggles that face victims of violent and non-violent crimes, and we are glad to see local communities paying attention to Michigan victims’ rights. Michigan criminal laws pertaining to victims of crime are part…

  • United States Supreme Court Rules Defendant Had Right to Effective Assistance of Counsel When Accepting or Rejecting Plea Offer

    admin
    3 Apr 2012 | 12:00 pm
    In the case of Lafler v. Cooper, the United States Supreme Court recently issued a ruling that stands up for the rights of criminal defendants everywhere. This case began in Michigan and worked its way to the United States Supreme Court. In the case, Anthony Cooper was charged as a habitual offender with the Michigan offenses of assault with intent to murder, felon in possession, felony firearm, and possession of marijuana. Two times, the prosecutors offered a plea deal that would dismiss two of the charges in exchange for a guilty plea to the other two remaining charges. The deal also called…

  • Michigan Criminal Defense Attorneys – Entrapment in Michigan and the Federal System

    Joseph Gammicchia
    22 Mar 2012 | 12:38 pm
    In December, we wrote an article regarding the entrapment defense as it relates specifically to sex crimes under Michigan law. In this article, I will discuss the general differences of entrapment under Michigan law compared to federal law as it relates to all crimes. In general, the federal courts use what is called a “subjective test” to determine if an entrapment defense applies. This test is considerably different than the one applied by Michigan state courts, which implements the “objective test.” The difference between the objective test and the subjective test…

  • Michigan Drug Attorneys – Heroin Bust in Lansing, Michigan

    admin
    5 Mar 2012 | 2:30 pm
    Police in Lansing, Michigan recently seized nearly one kilogram of heroin from an apartment on Forest Road. The heroin has a street value of around $75,000. Timothy Gill, supervisor of the Tri-County Metro Narcotics Squad, said that this was the largest seizure of heroin by the Tri-County Metro Narcotics Squad he has seen in his 13 years of supervising that drug enforcement task force. Tri-County Metro is an agency comprised of officers for several police agencies in and around Ingham County, Michigan. It includes police officers from the Lansing Police Department, Meridian Township Police,…

  • Michigan Criminal Law – Federal Court Rules Police Can Gain Access to Password-Protected Computer Information

    admin
    21 Feb 2012 | 12:00 pm
    Ramona Fricosu, a Colorado woman, was charged with bank fraud, wire fraud, and money laundering for her part in an alleged mortgage scam. During a raid on her home, law enforcement officers seized a laptop computer. Detectives want access to documents on that computer, but the data is encrypted by a password. Prosecutors took the case in front of Federal Judge Robert Blackburn. The judge gave Fricosu until February 21, 2012 to decrypt the hard drive or face contempt of court. Ms. Fricosu’s attorney argued that she has a right against self-incrimination provided in the 5th Amendment of the…
  • add this feed to my.Alltop

    vodzaklegal

  • In the Interest of D.S.: Police Must Identify Themselves and State Their Purpose for a False Identification to Law Enforcement Charge

    C. Vodzak
    22 Apr 2012 | 12:00 pm
    In the Interest of D.S., No. 17 WAP 2011 (Pa. February 21, 2012) Investigating an armed robbery that resulted in the loss of ten dollars, plainclothes police officers exited a gold car with tinted windows wielding their weapons as they approached D.S. They told him to put his hands in the air and get against the nearby gate. They patted him down and requested information including his name, address, and age. D.S. said his name was D.B. and swore. At no time did they identify themselves as law enforcement or inform D.S. that he was the subject of an investigation. An officer handcuffed D.S.

  • Commonwealth v. Wisneski: A Driver Has a Duty to Stop When He Runs Over a Dead Body

    C. Vodzak
    12 Oct 2011 | 4:00 pm
    Commonwealth v. Wisneski, No. 5 WAP 2010 (September 29, 2011) Wisneski ran over a fallen bicyclist with his vehicle. Although he realized after looking at his rear view mirror that he had hit a body, and not a speed bump as he originally thought, Wisneski did not stop or notify police. The bicyclist had been struck by more than one vehicle and died. Wisneski was charged with failure to stop at an accident, failure to comply with a duty to give information and render aid, and failure to immediately notify the police. He filed a habeas corpus petition seeking dismissal of the charges asserting…

  • In Re Kelsey Lauren Miller: A Parent Has the Right to Challenge the Appointment of a Guardian for His Child’s Estate

    C. Vodzak
    9 Oct 2011 | 12:00 pm
    In Re Kelsey Lauren Miller, No. 9 WAP 2010 (September 29, 2011) Miller, a child under 14 years of age, was named sole beneficiary of her father’s life insurance policy valued at $356,000. After Miller’s father died, his sister, who served as administratrix of his estate, petitioned the Beaver County Court of Common Pleas Orphans’ Court as Miller’s “next friend” to appoint her own attorney as the guardian of the child’s estate. Her petition did not include Miller’s mother’s consent or reason why she did not consent as required by…

  • Commonwealth v. Hart: The Mere Offer of a Car Ride to a Child Is Not an Attempt to Lure

    C. Vodzak
    7 Oct 2011 | 11:00 am
    Commonwealth v. Hart, No. 9 MAP 2010 (Pa. September 28, 2011) Twice in one week, Hart, a 35-year-old man living in a residential area, offered two neighborhood boys a ride to school or at least as far as the local grocery store. Hart neither ordered their entry nor enticed them. The children declined on both occasions. Hart was then charged with harassment, stalking, and attempted luring of a child into a motor vehicle. After a bench trial in the Delaware County Court of Common Pleas, he was convicted on four counts of attempted luring and sentenced to 18 months’ probation. As a result…

  • Amica Mutual Insurance Company v. Fogel: Applicable Choice-of-Law Rules for a Sua Sponte Transfer of a Case

    C. Vodzak
    9 Sep 2011 | 3:00 pm
    Amica Mutual Insurance Company v. Fogel, No. 10-3611 (3d Cir. September 8, 2011) While living in New Jersey, the Fogels purchased car insurance from Amica Mutual Insurance Company. The Fogels moved to Pennsylvania and notified Amica of their permanent relocation, but before Amica issued a new policy, the Fogels were involved in a fatal car accident. In a New Jersey state court, Amica sought a declaration that New Jersey substantive law, which would limit the amount owed to the Fogels,applied to the insurance policy. The case was removed to the federal court in New Jersey, which on its own…
  • add this feed to my.Alltop

    But I do have a law degree...

  • A Good Day Is...

    But I Do Have a Law Degree
    14 May 2012 | 1:05 pm
    Sleeping in until 9:15 am. 9:15 am!!!!! Awakening to this face: And this face: Eating 1300 calorie Fajita Nachos from Don Pablos for lunch.  (My choice for venue - I'm high class, you see).   Buying flowers. Planting flowers. Laughing at my husband as he pretends to have a green thumb. Napping. Not working. Not watching my husband work. Going to the pool. And getting wet. Eating outside. With a Corona. On a Sunday. Hugging my kids as we struggle to get one good picture. And then kissing them both goodnight. Talking to my mom and stepmom and best friend. Talking to my…

  • Mother's Day Battle Cry

    But I Do Have a Law Degree
    11 May 2012 | 7:08 am
    Earlier this week Braden asked me what Mother's Day was.  After a long winded explanation, involving explicit instructions to not disturb me until after 10am on Sunday, he asked the quintessential little kid question: When is kid's day? To which I gave the quintessential adult answer: Everyday is kid's day. It's true isn't it? And it got me thinking.  How is that fair? Why is it that we mothers have to wait until Mother's Day, a fake, generic, impossible to get brunch reservations Hallmark holiday, to take a little time for ourselves?  To ask for what we want? And what is it…

  • Thanks

    But I Do Have a Law Degree
    9 May 2012 | 10:13 am
    I really was a complete novice when I started this whole blogging thing.  SEO, sponsors, Babble Top 100 lists, Twitter - I didn't really get it (and I kind of still don't). My blogging was more of a hobby - an outlet of sorts.  A way to connect. But I wasn't a real blogger.  Not like Amalah and Kelle Hampton and Redneck Mommy and all those "famous," professional, bloggers I read.  And let's be honest - I'm still not there at all.  Far from it. But today, I do feel a bit more legitimate. Check me out - I made the Find Law Greedy Associates:…

  • Some Rare Facebook Gems

    But I Do Have a Law Degree
    8 May 2012 | 9:29 am
    I'm the worst kind of Facebook user. I have a profile, but I don't really use it - I rarely post pictures or status updates.  Instead, I quietly judge those that post pictures of food on a plate, status updates such as "Thank you for all the birthday wishes," and "like" campaigns that say if I don't participate, I want children with cancer to die. But yet, I check it incessantly. And sometimes, between all the Bejeweled Blitz statistics and sonogram photos and Spotify sharing (really, I don't care what song you are listening to) and comment soliciting status updates ("Having a bad day,"…

  • My 33rd Year

    But I Do Have a Law Degree
    3 May 2012 | 7:46 am
    I read an article a few weeks ago that said that a study found that 33 is the "happiest" age. My first reaction?  Well, crap.  I'm 33.  And this year has pretty much sucked.  Am I wasting what is supposed to be the happiest year of my life? It's just a stupid article.  But it got me thinking. About myself.  About happiness.  About control.  About letting go.  About life. (Warning, this is going to be a deep one.) What is happiness?  Does it come from a compilation of circumstances all lining up in just the right way?  So that…
 
  • add this feed to my.Alltop

    Denver Employment Law Attorney Blog

  • ADA violation suit moves forward in Colorado federal court

    Berumen Law Firm
    9 May 2012 | 3:26 pm
    The clothing retail store Hollister, an Abercrombie & Fitch subsidiary with three Denver-area locations, will be the subject of a nationwide class-action suit after a recent ruling in federal court. A District of Colorado judge originally ruled in 2011 that the front of Hollister stores, which are elevated, violate the Americans with Disabilities Act. The effort to get the national clothing chain to alter store entrances to accommodate people with disabilities is being spearheaded by the Colorado Cross-Disability Coalition. The recent class certification comes after the favorable 2011…

  • Workplace discrimination filed against IHOP over religious bias

    Berumen Law Firm
    2 May 2012 | 5:09 pm
    Colorado residents may be familiar with the breakfast food chain International House of Pancakes, or IHOP. The popular restaurant chain has 1,550 locations throughout the nation and even internationally. But IHOP is currently facing an employment discrimination lawsuit in federal court. The litigation is based on the claims of four former employees who say they were wrongfully fired because of their religion. The four men, who practice the Islamic faith, brought their case against IHOP and several franchise owners in Texas, where the men were employed. One of the men stated that he had worked…

  • Compensation awarded to women in pregnancy discrimination case

    Berumen Law Firm
    23 Apr 2012 | 12:37 pm
    Many women in Colorado are no doubt familiar with the need to take time off of work when they reach the end of pregnancy. Most employers are usually happy to accommodate their employees when they go through such a life-changing experience. However, a recent discrimination case put one small business in quite an unfavorable light after the U.S. Equal Employment Opportunity Commission filed a pregnancy discrimination lawsuit against the company. The small business was sued by the EEOC for discriminating against two pregnant employees. The lawsuit claimed that one woman was ultimately forced to…

  • Colorado Springs wrongful termination case moves forward

    Berumen Law Firm
    19 Apr 2012 | 3:17 pm
    After a recent failed mediation attempt, the former chief financial officer of Colorado Springs is moving forward with her wrongful termination lawsuit against the city. The 24-year employee agreed to put her $1 million claim on hold after a request from the city attorney to first enter mediation. Simultaneously, the city launched an investigation into the allegations, concluding that they were unfounded and that the former official's firing was justifiable. However, she asserts that her employment discrimination claims have merit, and she is moving forward with the suit. The case…

  • Aflac settles for $17,000 with employee after FMLA violation

    Berumen Law Firm
    11 Apr 2012 | 1:43 pm
    Many employees in Colorado are probably familiar with Aflac, the supplemental insurance company with commercials featuring a duck that screams the company's name. The ads are often odd and sometimes funny. Unfortunately for Aflac, the company recently had to pay out a decidedly unfunny $17,000 settlement to a former employee because the U.S. Department of Labor determined the company violated the Family and Medical Leave Act. According to the lawsuit, the employee was fired for taking leave due to a serious health condition in 2011. Aflac stated that the employee failed to submit the required…
  • add this feed to my.Alltop

    NB Law

  • Georgetown Recreational Vehicles Recalled

    Larry Nagelberg
    15 May 2012 | 5:05 pm
    According to a series of news articles dealing with recall alerts, the company Forest River has issued a recall recently for the 2010, 2011 and 2012 Georgetown Recreational Vehicles due to a faulty cable that may cause an increased risk of unintentional rolling, which affects about 1,468 units of vehicles. The official recall statement issued by the company and the National Highway Traffic Safety Administration has revealed that these vehicles were equipped with gear shifter’s cables that could turn out to be fractured at the connection between the wires and the selector arm assembly of the…

  • Recall Extension Issued for 2012 Bicycles with Advanced Group Forks

    Larry Nagelberg
    15 May 2012 | 3:50 pm
    According to several news agencies across the country, an expanded recall has been issued for a model of bicycles distributed by Specialized Bicycle Components Inc., of Morgan Hill, California. The official recall announcement was previously issued in September of 2011 and the problem affected 14,200 units. According to the official recall statement issued by the U.S. Consumer Product Safety Commission, extra 460 units were discovered to have been affected by the problem identified in the first batch of recalled bicycles. According to the information found in the recall announcement, recalled…

  • Bridgeway Bicycles Recalled Over Defective Chains

    Larry Nagelberg
    15 May 2012 | 2:50 pm
    Several news agencies have been reporting that certain models of bicycles manufactured by Bridgeway International of Naples, Florida are being recalled over a possible chain failure that could pose a fall hazard to users. According to the information found in the recall announcement issued by the U.S. Consumer Product Safety Commission, at least 91,000 units of bicycles were equipped with chains that could break unexpectedly while the bike is being used. The firm has stated that they’ve received at least 11 reports of incidents related to the chain presenting fractures while the bicycle is…

  • Troopers Hand Out 30,000 Tickets To Distracted Drivers

    Larry Nagelberg
    15 May 2012 | 1:48 pm
    Several articles have mentioned that at least 30,000 tickets have been issued in the past month for distracted drivers who were using their cellphones while driving. According to the news, this high number of tickets were all issued by California Highway Patrol officials during the month of April while the authorities in California enforced the state’s cellphone ban and distracted driving laws. This focused endeavor was part of last month’s campaign to bring distracted driving awareness to motorists all across the state. Troopers who have been working closely to the traffic in the North…

  • Frozen Beef Products Recalled

    Larry Nagelberg
    15 May 2012 | 1:45 pm
    Certain frozen burgers produced in several Canadian facilities are being recalled over possible health issues. According to several news agencies covering recall alerts, a food safety investigation was carried out by the Canadian Food Inspection Agency after several beef products were discovered to be contaminated with Salmonella. According to the results of the federal agency’s tests, at least six brands of frozen burgers should be refrained from being consumed and returned to the place of purchase right away. According to the information found in these several news articles, the…
 
  • add this feed to my.Alltop

    Shpoonkle.com

  • More Dangerous Recalls

    Bubbie
    15 May 2012 | 11:20 am
    The U.S. Consumer Product Safety Commission and Health Canada, in cooperation with the firms named below, announced voluntary recalls of the following consumer products. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product. Recalled April 5, 2012 Release #12-146 Office Depot® Brand Biella Leather Desk Chairs Units: 307,000 in the U.S. and 12,000 in Canada Imported by Swinton Avenue Trading ...Keep Reading

  • Lawmakers Quietly Making Law to Revoke Passport for Back Taxes

    Bubbie
    14 May 2012 | 11:13 am
    According to the Huffington Post, before you make plans for summer travel here and abroad, if you owe federal taxes, you had better be aware of a new Transportation bill that is in Congress right now, which could allow the IRS to revoke the passports of those Americans who owe back taxes from leaving the country.  No kidding! “The provision is part of Senate Bill 1813, also called the Moving Ahead for Progress in the 21st Century Act, was introduced by Senator Barbara Boxer (D-CA) in November ...Keep Reading

  • Dangerous Distracted Driving and Unrestrained Dogs

    Bubbie
    13 May 2012 | 11:12 am
    Have you ever seen an unrestrained dog in the back seat of a car?  Orin the front of the car? Or half out the window? Even worse, do you see small dogs on the lap of someone while driving or at stoplights? It’s obvious those drivers don’t worry about the safety of their pets or about the dangers they are setting up for themselves and other drivers. According to an online survey from the AAA auto club, only 17 percent of drivers protected their pets with a pet-restraint system. The study als ...Keep Reading

  • Bermuda Triangle: 2 Pyramids rumored to have been found

    Bubbie
    12 May 2012 | 11:03 am
    According to Live Science, “The Bermuda Triangle is infamous for making everything from cargo ships to airplanes disappear. The mysterious body of water is clouded with rumors of suspicions — if not supernatural — activity Also sinisterly known as the Devil’s Triangle, the Bermuda Triangle consists of a region in the western part of the North Atlantic Ocean, and is defined by points in Bermuda, Florida and Puerto Rico. It stretches across less than a thousand miles on any one side. T ...Keep Reading

  • Payroll Tax Hike Jan 1, 2013

    Bubbie
    11 May 2012 | 11:00 am
    According to the New York Times, “the tax bill for an average middle class household will go up almost $2,000. This is the result of the expiration of the Bush tax cuts and tax measures tucked away in the Obama stimulus bill. If allowed to go into effect, this massive tax increase will send the still fragile economy into a death spiral from which it will be difficult to recover.“  It doesn’t matter who wins in November. According  to the W all Street Journal on 3/19/12, “The U.S. is cr ...Keep Reading
  • add this feed to my.Alltop

    The Law Firm of Rivers J. Morrell III

  • Elder Abuse Case, Bates vs. Presbyterian Intercommunity Hospital

    lance
    23 Apr 2012 | 11:12 pm
    This is a recent case dealing with Elder Abuse, and formal settlement offers.  Under certain provisions of the law, located at Welfare and Institutions Code §15657 (often referred to as the Elder Protection Act), a prevailing party in an Elder Abuse case can recover attorney’s fees, and costs.  A defendant, however, is not permitted to recover these under this Act. In this case, Bates vs. Presbyterian Intercommunity Hospital, the defendant served a formal offer to settle, called a 998.  When this is done, and the other party on whom the offer was made does not do better at trial, then…

  • California Supreme Court case addresses Liability of School District for Sexual Abuse/Misconduct Allegations

    lance
    20 Mar 2012 | 9:29 am
    A recent California Supreme Court case addressed the liability of a school district for the sexual abuse/misconduct allegations against a school counselor in C.A. vs. Hart Union High School District.  In this case the plaintiff/student alleged that the school district was liable for the conduct of the counselor.  The theories against the school district were that the district was negligent in its hiring, training, supervision, etc. of the counselor.  The school district claimed that the law did not impose liability on the district for the acts of its counselor. The district filed a…

  • Personal Injury Attorney Awarded Super Lawyer 6th Consecutive Year

    lance
    15 Sep 2011 | 6:35 pm
    PRESS RELEASE Date:  September 14, 2011 Mission Viejo, CA FOR IMMEDIATE RELEASE Orange County Personal Injury Attorney Rivers J. Morrell III named 2012 California Super Lawyer – 6th year in a row! Rivers J. Morrell III of The Law Firm of Rivers J. Morrell III has been named by California Super Lawyers magazine as one of the top attorneys in California for 2012. Only five percent of the lawyers in the state are named by Super Lawyers.  This is Mr. Morrell’s 6th consecutive year of achieving the Super Lawyers designation. What is a Super Lawyer? The selections for this esteemed list…

  • Personal Injury Newsletter – August 2011

    lance
    26 Aug 2011 | 5:45 pm
    Orange County Personal Injury Attorney- Newsletter Update The California Supreme Court has just ruled on a case that will have adverse consequences to all plaintiffs who have personal injury claims.  In Howell vs. Hamilton Meats, the Supreme Court held that an injured party could not recover the amount of the medical bills that were billed, only the amount that was paid. As most of you may know, when you are seen and treated by your doctor, or at a hospital, your health insurance company receives the bill from the medical provider.  The Health insurer has a contract with that medical…

  • Personal Injury Newsletter

    lance
    27 Jul 2011 | 2:45 pm
    PERSONAL INJURY NEWSLETTER A recent case addressed a part of the Restitution aspect of what is commonly referred to as the Victims’ Bill of Rights.  This “bill” was passed in 1982 when the California Constitution was amended to expand the rights of victims of crimes.  One aspect of that addressed “restitution” to the victim.  In general, it required that the court order that the criminal defendant provide monetary restitution to the victim.  This is mandatory, and requires the court to order that the criminal defendant (if convicted of the crime) make restitution for all…
  • add this feed to my.Alltop

    Pittsburgh Criminal Attorneys Blog

  • Pennsylvania woman facing white collar crime charges

    The Law Offices of Gary E. Gerson
    9 May 2012 | 3:54 pm
    A Pennsylvania woman was recently indicted by a federal grand jury. She is facing federal charges of embezzlement and tax evasion. According to the indictment, the Portersville woman's alleged embezzlement occurred between 2004 and 2010. She is accused of embezzling over $1,000 from the Lawrence County School Employee Federal Credit Union. This was her place of employment. She served as the assistant manager. In addition, she is being accused of tax evasion during a timeframe spanning from 2006 through 2009. In addition, she is being accused of tax evasion during a timeframe spanning…

  • Pittsburgh armored car driver faces federal criminal charges

    The Law Offices of Gary E. Gerson
    2 May 2012 | 5:49 pm
    A Pittsburgh-based employee of Garda Cash Logistics was found dead inside an armored truck left idling on the street in the Strip District. Now authorities have accused the man's 22-year-old driving partner of a number of federal crimes. Law enforcement officials say the suspect took $2.3 million from the armored car and fled out of state about two months ago. After a recent tip was called in to Pittsburgh police, the young man was located in Florida. He will now be returned to Pittsburgh for trial. Authorities say they found the 22-year-old's company-issued handgun and one other firearm when…

  • Wilkinsburg man indicted in Pittsburgh on federal weapons charge

    The Law Offices of Gary E. Gerson
    23 Apr 2012 | 4:39 pm
    A federal grand jury in Pittsburgh recently indicted a Wilkinsburg man for an apparent violation of federal weapons laws. The alleged violation of federal law means the man now faces the prospect of a trial on federal criminal charges. Prosecutors are known to aggressively seek guilty verdicts in such cases. The 34-year-old could face extremely severe sentencing in part because he pleaded guilty in 2010 to felony drug crimes in Westmoreland County. Since he was convicted of a crime that is punishable by a prison term of more than one year, federal law prohibits the 34-year-old from possessing…

  • Pennsylvania man arrested twice in 17 hours for DUI

    The Law Offices of Gary E. Gerson
    19 Apr 2012 | 5:26 pm
    Authorities have charged a man from Washington, Pennsylvania, with driving under the influence twice within two days. The man worked as a bus driver and was first charged with driving under the influence on March 30 while on the job. In the early-morning hours of March 31, authorities again pulled the man over in his own vehicle and charged him with DUI. This time, the man's blood-alcohol level was allegedly 0.08 percent, which is precisely the legal limit for driving after consuming alcohol. Readers in the Pittsburgh area may be interested to know, however, that Pennsylvania's legal limit…

  • Plea agreement reached in Pennsylvania drug trafficking case

    The Law Offices of Gary E. Gerson
    11 Apr 2012 | 3:42 pm
    A 29-year-old man in Pennsylvania recently reached a plea agreement in federal court. As the result of an investigation by the Pennsylvania Police Force and the Drug Enforcement Administration, the young man was indicted by a federal grand jury at the end of 2011. The 29-year-old will face sentencing for allegedly participating in a drug trafficking conspiracy that authorities said involved cocaine and methamphetamines. The charges also include possession with the intent to deliver. He could face a prison sentence ranging from 10 years to life, as well as a monetary fine of up to $4 million.
 
  • add this feed to my.Alltop

    Profit and Laws

  • Interns: No Such Thing as Free Labor

    Coco Soodek
    1 May 2012 | 10:58 am
    It’s May. Soon, the kids – drinking age and younger – will come seeking internships. So, this is the season when accounting and legal bloggers do a post on the legal treachery of using unpaid interns. And, we are no exception. Let’s say you are tempted to take the offer of free labor. After all, you did unpaid intern work. Working for free is part of the journey. Turns out we got suckered. Many unpaid internships violate laws around employee wages. Here is basically how it works. Federal[i] and state laws require all employees to be paid minimum wage (and overtime if…

  • War Story: A Cocktail of Contracts and Liquor

    Coco Soodek
    25 Apr 2012 | 5:56 pm
    This is a classic war story from first year contracts that shows the treachery cocktail of contracts and liquor. THE WAR: Lucy v. Zehmer Hardy and Ida Zehmer were a married couple living in Virginia in the 1950s.  Together, they owned and operated a a bar, a gas station, a motel and a farm. They had a friend, Welford Lucy, who from time to time expressed an interest in buying their farm. On December 20, 1952, Lucy brought a bottle of whiskey to Zehmer’s restaurant and Hardy and Lucy began drinking something fierce. Hardy Zehmer drank so much, he later claimed to be “high as a Georgia…

  • How to Choose a Startup Incubator

    Coco Soodek
    24 Apr 2012 | 9:54 am
    This is a good intro to incubators. Incubators are entrepreneurial honors programs. They are one of the few innovations in encouraging entrepreneurship we’ve seen. Also, we love readwriteweb.com.

  • 5 Steps to Make Your (Business) Marriage Last

    Coco Soodek
    23 Apr 2012 | 10:30 am
    As a business lawyer, I sometimes get hired to perform a sort of marriage counseling for business partners. The goal is to preserve the business by coaxing the partners back together or gently breaking them apart.  I always know I can save the partnership when each partner asks the other questions and talks about both business and feelings. I usually cannot save the partnership when one partner lacks accountability; the cause is lost when one sneers with contempt. All of the business partners I have helped stay together or break apart have similar disagreements. There is usually a partner…

  • Run Your Butt Off (?)

    Coco Soodek
    18 Apr 2012 | 10:54 am
    THE WAR:  Reebok v. FTC Reebok made unsupported claims in advertisements that walking in its EasyTone shoes and running in its RunTone running shoes strengthen and tone key leg and buttock (gluteus maximus) muscles more than regular shoes. The FTC’s complaint also alleges that Reebok falsely claimed that walking in EasyTone footwear had been proven to lead to 28 percent more strength and tone in the buttock muscles, 11 percent more strength and tone in the hamstring muscles, and 11 percent more strength and tone in the calf muscles than regular walking shoes. Reebok said it had…
  • add this feed to my.Alltop

    Complete Law Resources and Legal News

  • When Do You Need a Personal Injury Lawyer?

    Admin
    3 May 2012 | 4:01 pm
    Attorneys can be costly—that’s a fact. However, cutting them out entirely can leave you empty handed or ruthlessly exploited. This is often the case when you are tempted into settling outside of court or taking your legal matters into your own hands. However, even if you have the necessary legal [...]When Do You Need a Personal Injury Lawyer? is a post from: Complete Law Resources and Legal News

  • When Is It Sexual Harassment?

    Admin
    29 Apr 2012 | 12:17 pm
    It can happen to anyone anywhere: what begins as seemingly innocent flirting and glances finally culminates into aggressive, illegal advances known as sexual harassment. Both males and females are victims of this act, which can manifest either as a very overt act or as a pervasive tactic. People on the [...]When Is It Sexual Harassment? is a post from: Complete Law Resources and Legal News

  • How Do Insurers Value an Injury Claim?

    Admin
    28 Apr 2012 | 9:28 pm
    One of the most challenging aspects of any injury claim is putting a monetary value on the losses incurred. Different companies have their own methods, and while they all try to ensure that the plaintiff is compensated in some form or another, it is never an easy task. Your insurer [...]How Do Insurers Value an Injury Claim? is a post from: Complete Law Resources and Legal News

  • US Immigration Law

    Admin
    28 Apr 2012 | 7:17 pm
    Many people see US immigration law as threatening and overcomplicated, while others consider it to be too lenient. Whatever a person’s opinion on the matter, anyone seeking to gain entry into the United States must follow these laws to the letter. The immigration laws were designed to give individuals the [...]US Immigration Law is a post from: Complete Law Resources and Legal News

  • When Should You Sue?

    Admin
    28 Apr 2012 | 12:01 pm
    Filing a lawsuit requires careful planning and research to ensure that you don’t come out on the losing end. This rule is valid even if you think you have a good case. It’s very easy to get carried away thinking you’re going to win because someone else won a similar [...]When Should You Sue? is a post from: Complete Law Resources and Legal News
  • add this feed to my.Alltop

    Virginia Workplace Law - Karen Elliott, Managing Editor

  • Criminal Background Checks Can Backfire

    Mike DeCamps
    3 May 2012 | 2:35 pm
    Criminal background checks have always been somewhat of a controversial tool for hiring decisions. The EEOC has previously issued several guidance statements calling into question employment policies that exclude any job candidate with a criminal record. On April 25, the EEOC issued a further guidance document on this subject. We have discussed some concerns about background checks before, here and here. While recognizing that criminal background checks are not prohibited by Title VII of the Civil Rights Act, by a four to one vote, the EEOC set forth its position very clearly. Employers will…

  • To Post or Not to Post: NLRB Posting Delayed

    Phyllis Katz
    18 Apr 2012 | 10:19 am
    Today, the U.S. Court of Appeals for the District of Columbia issued a temporary injunction against the National Labor Relations Board’s enforcement of its new rule requiring private employers to post a notice to employees informing them of their rights under the National Relations Act.  The court did not invalidate the rule, it just held that the rule could not take effect until the legal questions are resolved by the court.    The U.S. District Court for the District of Columbia previously upheld the rule.  However, last week, the U. S. District Court for the District of South…

  • Two New Employer Requirements!

    Phyllis Katz
    4 Apr 2012 | 3:17 pm
    NLRA Poster. No later than April 30, 2012, most private sector employers will be required to post a notice advising employees of their rights under the National Labor Relations Act (NLRA). The notice, Notice of Employee Rights Under the National Labor Relations Act, is available for downloading at www.nlrb.gov. The NLRA protects non-management employee rights to organize and engage in other protected activity for their mutual aid and protection. The notice must be posted in a conspicuous place, where other notifications of workplace rights and employer rules and policies are posted.

  • Stop at the Intersection of Job Application and Facebook Login

    Donna Ray Berkelhammer
    26 Mar 2012 | 10:51 am
    At the intersection of social media and law today is whether employers can or should ask job candidates for their Facebook login information as part of the interview process or force candidates or employees to “Friend” someone at the company. Several recent situations are raising this issue: In Spotsylvania Virginia,  law enforcement employees are forced to log onto social media accounts and scroll through while interviewers watch. UNC employs an outside  social media monitoring service called Varsity Monitor to watch what its athletes are saying online.  This partly…

  • Another Client Accolade

    Mike DeCamps
    23 Mar 2012 | 12:48 pm
    We’re extremely pleased that Beth Bailey, co-owner of The Pediatric Connection, was recognized last night at the National Association of Women Business Owners meeting in Richmond as Entrepreneur of the Year. We have been privileged to serve as the firm’s legal team since the beginning. In fact, Beth and I talked a little over a year ago about the expectations her company has for professional service partners on a video you can view here. The Pediatric Connection provides medically necessary and compassionate home-based treatment services to children in Virginia from its offices in…
 
  • add this feed to my.Alltop

    The Risk Manager from Sands Anderson

  • Influential Women of Virginia

    Justin Ward
    9 May 2012 | 7:28 am
    Tomorrow, May 10,  Virginia Lawyers Weekly will recognize a couple of dozen women selected as the 2012 class of Influential Women of Virginia. This is the fourth edition of their statewide recognition and the second straight year another of our lawyers is included. We’d like to give a hearty “Hoorah” to Ann Neil Cosby, who won her accolade through her advocacy of governments and private clients in environmental law, and especially because of her influential blog on the subject: VaEnvironmentalLaw.com. We’re proud of her work and accomplishments.

  • Dealing with Mechanics’ Liens

    Justin Ward
    8 May 2012 | 7:11 am
    Henry Spalding, an attorney in the Sands Anderson Risk Management Group, recently published the following article in the Virginia Homebuilder’s Newsletter: Filing and enforcing a mechanic’s lien can be a strong and effective way to minimize risk of lack of payment for work done on a project. Creditors, including general contractors, subcontractors and materials suppliers, routinely assert liens and file lawsuits to enforce these liens. A creature of statute, and the subject of numerous decisions from the Virginia Supreme Court, mechanic’s liens can be complex and subject…

  • Codified Evidence Rules Pass Virginia Legislature

    Erin McNeill
    14 Mar 2012 | 12:35 pm
    Huzzah! The codified Rules of Evidence has passed the Virginia’s legislature after some late opposition from four Senators. The Sands Anderson Risk Manager blog first reported on the proposed rules back in October. In a comment to that article, attorney and then-President of Sands Anderson Pierce Rucker noted, “We certainly have [Sands Anderson's] own Bunky Miller to thank, and many of his colleagues around Virginia, who toiled so tirelessly for years, mostly in anonymity, to bring to fruition the Guide to Evidence in Virginia under the auspices of the Boyd-Graves…

  • The Western District permits evidence of future lost earning capacity of a minor

    Justin Ward
    13 Mar 2012 | 10:30 am
    An interesting article by Sarah Warren Beverly, a Sands Anderson litigation attorney, analyzing a recent federal court decision from Judge Jones that addresses a minor’s ability to claim loss of earning capacity as a component of damages: The plaintiff bears the burden to prove his or her damages with “reasonable certainty.” Gwaltney v. Reed, 196 Va. 505, 507, 84 S.E.2d 501, 502 (1954). While mathematical precision is not required, such evidence cannot be speculative or wholly based on information gleaned from statistics rather than from facts specific to the individual…

  • DRI Recognizes Delano Victory

    Justin Ward
    14 Feb 2012 | 9:48 am
    THE INFORMATION CONTAINED IN OUR WEB SITE DESCRIBES LEGAL MATTERS HANDLED IN THE PAST BY OUR ATTORNEYS. OF COURSE, THE RESULTS WE HAVE ACHIEVED DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH MATTER. BECAUSE EACH MATTER IS DIFFERENT, OUR PAST RESULTS CANNOT PREDICT OR GUARANTEE A SIMILAR RESULT IN THE FUTURE. The Voice, the house organ of the Defense Research Institute (DRI), the national organization for members of the defense Bar, put out a nice writeup of Chip Delano’s recent work in the U S. District Court for the Eastern District of Virginia in the matter of Auxo Medical, LLC…
  • add this feed to my.Alltop

    North Carolina Law Life

  • NC: Cutting Edge R&D and Cutting Edge Corporate Espionage

    Donna Ray Berkelhammer
    14 May 2012 | 2:21 pm
    The Federal Bureau of Investigation estimates that corporate espionage has cost American companies $13 billion from trade secrets stolen by company insiders and given to hostile foreign governments. To combat this growing threat, largely sponsored by China, the FBI is starting an economic espionage  awareness campaign in key hot spots to educate Federal Bureau of Investigation Seal (Photo credit: DonkeyHotey) American workers about corporate espionage and  suspicious behavior.  Initial campaigns will start in areas with high concentrations of government contractors, including Chicago,…

  • B2B and Pinterest? There’s nothing to see here.

    Donna Ray Berkelhammer
    8 May 2012 | 8:38 am
    It’s hard for social media advocates like us to not enthusiastically support the medium’s newest fave: Pinterest. The virtual scrapbook is a GREAT display window for consumer companies selling food, fashion or funky fixtures. If you’re a B2B company, however, it’s probably best to keep walking. Admittedly, Pinterest brings some incredible stats to the table: Meteoric growth Incredible online referral traffic SEO benefits And, it’s really hard to argue with Google. Search “B2B and Pinterest” and pages of posts pop up, most with compelling, reasonable ways to add Pinterest to your…

  • Expanding the Family Business Into the Third Generation

    Donna Ray Berkelhammer
    30 Apr 2012 | 9:12 am
    Conceive, Believe Achieve:  Business Success Strategy Series Expanding the Family Business Into the Third Generation Third Wednesdays, noon- 1:30 p.m. (Lunch to be provided) May 16, 2012              Expanding the Family Business Into the Third Generation.  Ensuring successful transition of a family business takes special attention to managing interpersonal relationships, succession planning, estate planning and funding. Speakers: Dave Vogelpohl (Excellerate Solutions, Inc.) Developing and maintaining family business relationships. Tim Hinton (Principal Financial Group) Exit…

  • Record-Keeping: How Long and Why Does it Matter?

    Donna Ray Berkelhammer
    23 Apr 2012 | 9:09 am
    This time of year often leaves people wondering how long they should keep their financial records, which ones are important, and why they should be kept. In addition, certain corporate records can and should be discarded on a regular schedule, while other should be maintained forever. Tax and Financial Records: What’s important Federal tax returns can be audited for up to three years after filing (six if there is under-reported or unreported income).  Most accountants and tax attorneys recommend keeping backup documentation for the following categories to support your personal or…

  • Workers Comp Stakes Raised in NC

    Donna Ray Berkelhammer
    19 Apr 2012 | 1:02 pm
    North Carolina law requires any business with three or more employees (including owners working in the business) to carry workers compensation insurance.  Until recently, there wasn’t much penalty to employers who scoffed at this law.  As documented in the Raleigh News & Observer today, the NC Industrial Commission (which implements the workers comp system) is bringing non-compliant business owners to court to pay for employee on-the-job injuries and setting up procedures to jail those who still do not or cannot pay. We have always encouraged our business clients to carry workers…
  • add this feed to my.Alltop

    Virginia Local Government Law

  • Virginia Supreme Court Opinions Affecting Local Government Law: April 20, 2012

    Andrew McRoberts
    20 Apr 2012 | 9:12 am
    Today, the Virginia Supreme Court issued several opinions affecting the practice of Virginia local government law.  The cases involve (1) the Gloucester County School Board and the Public Procurement Act, (2) Albemarle County and sovereign immunity, (3) a Spotsylvania County assistant high school superintendent and a claim of negligent and gross negligent failure to prevent an attack on another student, and (4) the City of Hampton and the standing of the plaintiff, a committee of petitioners authorized to act under the City Charter. The following summaries come from the Virginia Supreme…

  • Oral Argument at Virginia Supreme Court

    Andrew McRoberts
    5 Apr 2012 | 4:22 pm
    On March 2, 2012, I was pleased to give oral argument to the Virginia Supreme Court on behalf of a local government client. As is typical, I found the Justices to be polite, attentive, intelligent and inquisitive.  Not surprisingly, the justices asked good questions which went to the heart of the issues to be decided.  I came away with a renewed respect for the Court and our Virginia judicial system.  ….  And this was BEFORE I learn what they decide in my client’s case! As it typical, there were a number of spectators in attendance.  If you have never observed at oral…

  • “Influential Women of Virginia” Include Virginia Local Government Attorneys

    Andrew McRoberts
    6 Mar 2012 | 2:05 pm
    Virginia Lawyers Media, publishers of Virginia Lawyers Weekly and the Virginia Medical Law Report, has announced the Class of 2012 of “Influential Women of Virginia.”  According to the website, “this awards program, now in its fourth year, recognizes the outstanding efforts of women in the commonwealth in all fields, including law, business, health care, education and the arts. The honors are given to individuals who are making notable contributions to their chosen professions, their communities and society at large.” The 2012 honorees include a number of women attorneys who practice…

  • Virginia Supreme Court Opinion Affecting Local Government Law: March 2, 2012

    Andrew McRoberts
    2 Mar 2012 | 11:32 am
    Today, the Virginia Supreme Court issued one opinion affecting the practice of Virginia local government law.  The following summary comes from the Virginia Supreme Court website: 102409 City of Richmond v. SunTrust Bank 03/02/2012 The question presented by this appeal is whether a municipal corporation has the authority to tax a non-exempt entity for the exempt entity’s ownership interest in property owned by the two entities as tenants in common. Because the municipal corporation’s arguments based on purportedly applicable case authority and a non “public purpose”…

  • Commercial General Liability Insurance Covers FLSA Claims: Republic Franklin Insurance Company v. Albemarle County School Board

    Andrew McRoberts
    29 Feb 2012 | 6:54 am
    Who pays for the defense of FLSA claims against a local government entity, and who pays for the liquidated damages and attorneys’ fees if the local government entity loses?  The Fourth Circuit Court of Appeals issued an opinion recently which  answered these questions:  Republic Franklin Insurance Company v. Albemarle County School Board, No. 10-1961 (4th Cir. February 24, 2012). Bus drivers in Albemarle County claimed that their rights under the Federal Labor Standards Act (FLSA) were violated, and sought unpaid wages, overtime, liquidated damages and attorney’s fees…
 
  • add this feed to my.Alltop

    Jeff Geiger Counters

  • The Wild Side of Lawyers: Line Spacing

    Jeffrey Hamilton Geiger
    9 May 2012 | 2:43 pm
    Do you remember when you were in elementary school and the teacher told you to write a 250 word essay? Or when you were supposed to write a two-page story about your summer vacation? Of course, for many of us, this was before the days of computer-assisted word counts and line spacing. As an aside (and as the child of two teachers), I cannot believe that any teacher ever bothered to count the words but I was bound and determined to meet and surpass that number. Fast forward thirty (or more) years. I read a story in the Wall Street Journal that reported a lawyer feud in a trademark case in…

  • Legal Conflicts of Interest

    Jeffrey Hamilton Geiger
    23 Feb 2012 | 9:22 am
    A recent post by my colleagues, Faith Alejandro and Doug Rucker, raised the difficulty in representing clients where there may be divergent interests.  generally,  a lawyer cannot represent both sides.  This is not remarkable, and makes perfect sense.  But, of course,  legal fees are not cheap and sometimes parties can agree to a resolution and can agree to use the same lawyer to merely “paper” the transaction.  Such was not the case in In re Lewis Road, LLC, 2011 Bankr. LEXIS 4827 (Dec. 9, 2011), a bankruptcy case, in which the attorneys represented both the debtor and…

  • The (Slight) Democratization of Trademark Contests

    Jeffrey Hamilton Geiger
    23 Feb 2012 | 7:34 am
    What is the purpose of trademark law?  To prevent unfair competition by (a) providing assurance that goods/services are of a certain quality/consistency, and, critically,  (b) assisting consumers in making purchasing decisions. For example, if I go to a McDonald’s restaurant in McLean or Richmond,  I am (generally) guaranteed the same type of restaurant service.  Again, the objective is to grant certainty to the consumer and, by doing so, to build goodwill in favor of the producer. The problem arises when the producers (or trademark holders) have a dispute concerning whether Company A…

  • FaceBook and Jurors Don’t Mix

    Jeffrey Hamilton Geiger
    9 Feb 2012 | 9:57 am
    In the latest occurrence of  juror idiocy, a St. Petersburg television station reports that Jacob Jock (real name) sent a FaceBook friend request to a female civil defendant (characterized as both young and attractive) during the course of trial.  The judge was not amused and Jock was dimissed from the jury.  Not content with his dismissal, Jock apparently posted on his FaceBook page, “Ha, ha, ha, I got out of jury duty.”    The bottom line is that he apparently did not get a date with the defendant; but he did get a date with the judge to discuss Jock’s alleged…

  • Don’t Tread on my Internet

    Jeffrey Hamilton Geiger
    7 Feb 2012 | 9:56 am
    Regulation of the Internet is almost always in vogue.  The Luddites are scared of the technology and the politicians want to control it.  Recent proposed legislation has attempted to address copyright holders’ concerns over piracy of their digital content.  Specifically, the PROTECT IP and the Stop Online Piracy Acts aim to enhance powers for both businesses and the government to combat online piracy of digital content.  No one agrees that theft of property, tangible or intangible is right.  Yet, opponents against the acts are far from the fringes and, as you may recall, launched on…
  • add this feed to my.Alltop

    Virginia Business Lawyers

  • Environmental Attorney at Sands Anderson Honored

    David Carroll
    9 May 2012 | 8:46 am
    We are proud to announce the honor bestowed on one of our colleagues at Sands Anderson, Ann Neil Cosby. Virginia Lawyers Media, publishers of Virginia Lawyers Weekly and the Virginia Medical Law Report, has announced the Class of 2012 of “Influential Women of Virginia.” According to the website, “this awards program, now in its fourth year, recognizes the outstanding efforts of women in the commonwealth in all fields, including law, business, health care, education and the arts. The honors are given to individuals who are making notable contributions to their chosen professions, their…

  • CISPA – Evil Spawn of SOPA and PIPA?

    Thomas L. Bowden, Sr
    3 May 2012 | 9:27 am
    The House of Representatives has passed The Cyber Information and Security Protection Act, sponsored by Rep. Mike Rogers (R-MI) and introduced not long after SOPA and PIPA were abandoned in the wake of a popular uprising of opposition. Its fate in the Senate is uncertain, but it’s clear the federal government is determined to find a way to further reduce any semblance of privacy and protection of your electronic information… for your own good, of course. I am all for fighting off cyber-attacks and terrorism, but when Ron Paul, Barack Obama and the ACLU are all aligned against a bill,…

  • Back to Boilerplate by Video

    Thomas L. Bowden, Sr
    13 Mar 2012 | 8:21 am
    Just a reminder that there is a critical need for careful language in contracts for your business. If you need more information on the topic, review our previous posts or just call our Virginia business lawyers.

  • Is that legal?

    Thomas L. Bowden, Sr
    17 Feb 2012 | 1:27 pm
    Ancient marriage contract - Image via Wikipedia As attorneys, we sometimes get asked this broad open-ended question in a variety of contexts. Often the answer is equally broad, such as “It depends”. Let’s take just one example of how this question recently came up. I represent a number of clients who provide various consulting services. Just like attorneys, they need to enter into agreements with their clients to define the scope of work, deliverables, charges for their services, and the other critical parameters of the engagement. In a fast-paced business environment, where…

  • Cycling – Good for You, Good for the Economy

    Thomas L. Bowden, Sr
    24 Jan 2012 | 1:12 pm
    Image via Wikipedia And now, for something completely different: I ride my bike to work, whenever possible – preferably 5 days/week. I can take the short route which is only about a mile, or I can take a longer route, which is closer to 4 miles, and more scenic. Either way, if I drive, the car barely gets warmed up, so it’s hardly worth it. I used to commute 10 miles each way, but since I moved, I don’t have to do that, but I enjoyed that route too. Occasionally, people ask me why I do this and they usually assume I have some larger motivation. Mainly, though, I do it because I…
  • add this feed to my.Alltop

    Hoboken Bankruptcy Attorney

  • Wage Garnishments: Can bankuptcy stop them?

    jweil
    14 May 2012 | 6:00 am
    Bankruptcy stops wage garnishments instantly, except that different state laws and procedures can affect what happens to the current paycheck. Bankruptcy is a federal proceeding under federal law, but state law also has a role to play. This question about stopping wage garnishments is a good example of an issue where state law may apply. Except in rare circumstances (mostly involving income taxes and student loans), your wages cannot be garnished for repayment of a consumer debt until a creditor sues you in court and obtains a judgment. That lawsuit will almost always be in state court,…

  • Debts in bankruptcy and how they’re treated

    jweil
    7 May 2012 | 6:00 am
    One of the most practical questions you’re likely to have if you’re considering bankruptcy is what will happen to certain  debts:  Will you still owe money to certain creditors? What if you want to keep debts, like a vehicle loan or a mortgage? How are  special debts, such as income taxes and child support, handled? One of the most basic principles of bankruptcy is that it treats all creditors in each legal category the same as all the other creditors in that category. There are three main categories of debts. Not everyone has debts in each of the three categories, but many…

  • Do you need a bankruptcy attorney?

    jweil
    27 Feb 2012 | 12:02 pm
    Are you thinking that you might need to file for bankruptcy but you can’t afford an attorney?  If so, I urge you to consider talking to one or more attorneys anyway.  This is because filing for bankruptcy without an attorney can be hazardous - there are services out there that will take advantage of you by charging you for a package of bankruptcy forms, which can be obtained for free from the bankruptcy court’s website. Not only that, but filing your own case without the benefit of an attorney’s advice is fraught with potential pitfalls of which you may be unaware.

  • How to keep an income tax refund in your Chapter 7 bankruptcy

    jweil
    21 Feb 2012 | 7:00 am
    Can you keep your tax refund through a Chapter 7 bankruptcy?  Maybe. Everything you own when your Chapter 7 is filed makes up your “bankruptcy estate.”  Usually, most or all of that “estate” stays in your possession and you can keep it because it’s exempt (protected).  The bankruptcy estate includes not only your tangible, physical possessions, but also intangible ones—assets you own that you can’t physically touch—such as money owed, but not yet paid, to you.  A tax refund can be an intangible asset that is part of your bankruptcy estate.  Whether you can keep the tax…

  • Can a Chapter 7 save your business?

    jweil
    17 Feb 2012 | 12:03 am
    Chapter 13 can help keep certain small businesses afloat, but what about Chapter 7?  Can it be used to save a small business? Generally, Chapter 7 is seldom a good option if you own a business that you want to keep operating.  This is because Chapter 7 is a liquidation in which the bankruptcy trustee could make you give up any valuable parts of your business. Once a Chapter 7 bankruptcy is filed, all of the debtor’s assets are automatically transferred to a new legal entity called the “bankruptcy estate”.  A trustee is assigned to oversee this estate, which usually means…
 
  • add this feed to my.Alltop

    The Complex Litigator Home

  • Governor Brown proposes taking unconstitutional under-funding of Courts to unconscionable new high (low)

    The Complex Litigator
    15 May 2012 | 2:54 pm
    Yesterday, Governor Brown's rosy revenue projections ran smack into the brick wall of reality.  California's budgetary deficit isn't the paltry $9 billion predicted by the Governor.  Heck, we could have found $9 billion in the state's couch cushions.  No problem. Instead, our deficit, thanks to the inexcusable fiscal malfeasance of years of legislators spending beyond our means, and the inexcusable electorate allowing them to do so, is more like $16 billion.  That's billion with a "B."  This year.  A one-year deficit against a $91 billion budget. The solution…

  • In an entertaining twist, Kirby, et al. v. Immoos Fire Protection, Inc. holds that nobody gets fees under 226.7

    The Complex Litigator
    30 Apr 2012 | 12:51 pm
    As a general rule, the law lacks a sense of humor.  Because of that substantial absence of levity, it is up to us to find amusement in unexpected places.  Sometimes a court authors a witty opinion that is entertaining as a form of sharp commentary.  Other times, the humor is relegated to commentary on current legal news.  But that doesn't exhaust our options.  Today, in Kirby, et al. v. Immoos Fire Protection, Inc. (April 20, 2012), the California Supreme Court demonstrated that humor exists in the law when a case outcome is contrary to all expectations.  When asked to decide whether…

  • Decision forthcoming in Kirby, et al. v. Immoos Fire Protection, Inc.

    The Complex Litigator
    27 Apr 2012 | 7:36 pm
    On Monday, April 30, 2012, the California Supreme Court will issue its decision in Kirby, et al. v. Immoos Fire Protection, Inc.  The Court of Appeal decision was discussed on this blog here.  The great question, of course, is whether the relatively employee-protective decision in Brinker will be tempered by prevailing party fee concerns.  The California Supreme Court describes the issues under review as follows: The court limited review to the following issues: (1) Does Labor Code section 1194 apply to a cause of action alleging meal and rest period violations (Lab. Code,…

  • Certiorari denied in Ticketmaster, et al. v. Stearns, et al.

    The Complex Litigator
    23 Apr 2012 | 4:48 pm
    On the consumer litigation front, today the United States Supreme Court denied certiorari in Ticketmaster, et al. v. Stearns, et al. (Sup. Ct. Case No. 11-983).  Stearns v. Ticketmaster Corp., 655 F.3d 1013 (9th Cir. 2011) examined a number of consumer law concepts in the class context.  For example, the Ninth Circuit shot down the federal court standing challenge attempted in UCL actions post-Tobacco II.  And, on the issue of reliance in CLRA claims, the Court said: A CLRA claim warrants an analysis different from a UCL claim because the CLRA requires each class member to have…

  • Brinker Analysis: California still protects employees

    The Complex Litigator
    20 Apr 2012 | 5:25 pm
    The California Supreme Court has been consistent in its recognition that California law protects employees as part of a fundamental policy of the state of California. For instance, in Sav-On, the California Supreme Court observed that “California’s overtime laws are remedial and are to be construed so as to promote employee protection.” More recently, in an easily overlooked opinion in the matter of Brinker Restaurant Corporation, et al. v. Superior Court (Hohnbaum) (April 12, 2012), the California Supreme Court began its opinion by observing, “For the better part of a century,…
  • add this feed to my.Alltop

    Law Firm Newswire » Legal News

  • Five Scottsdale Litigators Honored By Super Lawyers

    Geoffrey
    16 May 2012 | 5:14 am
    Scottsdale, AZ (Law Firm Newswire) May 16, 2012 - Kercsmar & Feltus, PLLC, a leading litigation boutique in Scottsdale, Arizona, is pleased to announce that Geoffrey S. Kercsmar, Todd Feltus, Gregory B. Collins, Carrie A. Kercsmar and William T. Luzader have been named have been named in Super Lawyers 2012. Super Lawyers is a rating service of outstanding lawyers who have attained a high-degree of peer recognition and professional achievement. The selections for this esteemed list are made by the research team at Super Lawyers, which is a service of the Thomson Reuters - Legal division…

  • Two Options are Available for Global Options for Long Term Care

    Kerrie Spencer
    16 May 2012 | 5:00 am
    Moorestown, NJ (Law Firm Newswire) May 16, 2012 - Global Options for Long Term Care (GO) is a Medicaid Waiver program for certain low-income individuals eligible for a nursing facility level of care, but who wish to remain in their homes. Services provided by this program include, but are not limited to, Attendant Care, Care Management, Chore Service, Home Based Supportive Care, Social Adult Day Care, Transportation, as well as the Medicaid State Plan Services of New Jersey Title XIX. “Global Options is an excellent alternative for individuals who wish to receive care in their own homes,”…

  • New Study Shows Anticoagulant Medication Not as Safe in Real World

    Terri Stevens
    16 May 2012 | 5:00 am
    Attorneys First to File Pradaxa® Lawsuits Not Surprised by Preliminary Results Comparing the New Drug to Warfarin Houston, TX (Law Firm Newswire) May 16, 2012 - Preliminary results from a large study comparing the new anticoagulant medication dabigatran (Pradaxa®) to warfarin (Coumadin®), a drug widely used since 1954, confirms safety concerns. Attorneys with Watts Guerra Craft, the first law firm to file Pradaxa lawsuits in the U.S., say the findings are not surprising. “This study in real-world settings is proving what we already believed to be true,” says attorney Ryan L. Thompson.

  • Protexure Lawyers Launches New Policyholder Hotline

    Newswire
    16 May 2012 | 5:00 am
    Provides pre-claim and risk mitigation consultation for small firms and solo practitioners Lisle, IL (Law Firm Newswire) May 16, 2012 - In an era of complex litigation, advice and counsel before a potential claim arises goes a long way towards mitigating risk. As part of its value-added services to lawyers' professional liability customers, AmerInst Professional Services, Ltd. and A. M. Best "A" rated insurance carrier, United States Fire Insurance Company (part of Crum & Forster insurance group), have launched a new hotline that allows policyholders to seek advice prior to submitting a…

  • Voice Controls in Vehicles are the Newest Distraction for Drivers Indicates Chicago Personal Injury Attorney

    Kerrie Spencer
    14 May 2012 | 7:38 pm
    Chicago, IL (Law Firm Newswire) May 14, 2012 – In an effort to reduce distracted driving, automakers are enabling drivers to control their mobile phones, navigation systems, vehicle climate, and other items with their voice. While voice controls may prevent drivers from looking away from traffic, their focus may still be on controlling their gadgets. “It certainly is better for drivers to be able to keep their eyes on the road, but voice controls don't go far enough,” said Chicago personal injury attorney Robert Briskman. “Distracted driving is really a matter of the driver’s mental…
  • add this feed to my.Alltop

    The L•E•Jer

  • EEOC Goals of Education and Outreach: Strengths and Shortfalls of New Strategic Plan

    Hofstra Labor & Employment Law Journal
    26 Apr 2012 | 12:25 pm
    By Matthew Crawford On February 22, the Equal Employment Opportunity Commission approved its strategic plan for 2012 to 2016.[1]  The plan lists three objectives: strategic law enforcement, education and outreach, and efficiently serving the public.[2]  The second strategic objective, education and outreach, is especially important and crucial to the effectiveness of the entire process for [...]

  • Kasten v. Saint Gobain Performance Plastics Corp.: Holding, Analysis and Effects

    Hofstra Labor & Employment Law Journal
    21 Apr 2012 | 11:18 am
    By: Josh Seidman Following the Supreme Court’s recent decision in Kasten, the scope of the statutory term “filed any complaint” under the FLSA’s antiretaliation provision, 29 U.S.C. § 215(a)(3), was expanded to include both written and oral complaints.[1] As a result, an employee’s oral complaints to an employer will generally fall within the umbrella of [...]

  • Brown v. City of Syracuse, No. 10-0529-cv, 2012 WL 806937 (2d Cir. Mar. 13, 2012)

    Hofstra Labor & Employment Law Journal
    20 Apr 2012 | 10:48 am
    Facts: Brown, an African-American police officer, was suspended with pay pending the investigation of an incident involving a 15-year old girl he took to a hotel knowing she was a runaway. He was eventually suspended without pay, terminated, and subsequently pled guilty to a charge of Endangering the Welfare of a Child, which resulted in [...]

  • U.S. v. Alabama Dep’t of Mental Health and Mental Retardation No., 10-15976, 2012 WL 877222, (2d Cir. Mar. 16, 2012)

    Hofstra Labor & Employment Law Journal
    17 Apr 2012 | 10:43 am
    Facts: The United States brought a case against the Alabama Department of Mental Health and Mental Retardation (“ADMH”) claiming it violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) when it failed to rehire longtime employee, Roy Hamilton, after his deployment to Iraq with the Alabama National Guard. Procedural History: District court [...]

  • The Biggest Loser: Weighing in on a Body Mass Index Requirement for Potential Employees

    Hofstra Labor & Employment Law Journal
    17 Apr 2012 | 9:08 am
    By: Keith Langlais A recent HLN report revealed that Citizens Medical Center located in Victoria, Texas instituted a Body Mass Index (“B.M.I.”) policy requiring potential employees to have a B.M.I of less than 35.[1] Although legal under Texas law, critics believe the hospital policy will most likely be challenged under the Americans with Disabilities Act [...]
 
  • add this feed to my.Alltop

    THE NUTMEG LAWYER

  • Believe it or Not, Lawyers Have Mothers Too

    13 May 2012 | 8:00 am

  • Gosh, Batman, when you put it that way..

    11 May 2012 | 1:48 pm
    Adam West as Batman If you practice law, I am sure you have those days (or weeks) where you reconsider the professional path you have undertaken.   Maybe you shouldn't have listened to your mother when she talked you out of being a professional juggler.  Maybe the circus was the right path for you.  I had one of those weeks.  It resembled a never ending Saturday Night Live skit.  It included real estate closings that fell through, unscheduled visits from ornery clients, and a slew of relatives asking for never ending pro bono help on a myriad of traffic violations.

  • Maybe He's Just Not That Into You. When the Prosecutor Doesn't Like You.

    16 Apr 2012 | 5:00 am
    Try Changing Your Cologne I recently caught up with an old law school friend who was lamenting that a particular Superior Court prosecutor did not like him very much.  No matter how hard he tried, his clients seemed to constantly get bad pretrial offers. "The guy is a jerk" he blasted. "He hates me."  My friend sounded like a dejected elementary school student who was convinced his teacher was out to get him. He ranted about how he was always sitting around in court for hours waiting for his case to be called. For some reason, his case always seemed to…

  • Local Lawyer Speaks Over 50 Languages.

    5 Apr 2012 | 10:58 am
    One of the great advantages I get from reading other legal blogs is I often pick up tips that help my own law practice. My reading list continues to expand as I come across new sources of information.  In recent weeks, I have particularly enjoyed Attorney John Harding's "Family Law Lawyer Tech & Practice Law Blog."  I had recently purchased an iPad and have found his posts to be quite useful.  One of John's recent posts lead me to Attorney Josh Barrett's "Tablet Legal Blog" where he laid out 60 iPad Apps which he presented at the ABA Tech Show in Chicago.  I took…

  • A Frugal Attorney Becomes His Own Wi-Fi Hot Spot. The NL Reviews Netzero.

    3 Apr 2012 | 5:39 pm
    Recently, I purchased an iPad to use primarily in daily law practice.  I convinced myself that I desperately needed the device to become a more efficient attorney. (At least that's what I told my wife. Frankly, I am running out of good excuses for my impulse buys.  You try to explain why you needed a replica phonograph that played mp3s, records, cassettes and cds.  Apparently,"I needed something that I could use to listen to my old Bar Bri tapes" does not fly as a good reason.) Truth be told, the iPad has been a tremendous time saver for me.  Gone are the days where I need…
  • add this feed to my.Alltop

    My Distribution Law

  • Court Refuses to Dismiss Antitrust Claims in Apple E-Book Case

    Howard Ullman
    15 May 2012 | 3:28 pm
    I previously covered the allegations in the Apple E-Book case here. Today (May 15), the Southern District of New York (Cote, J.) refused to dismiss the class plaintiffs’ antitrust claims against Apple and the e-book sellers.  See In re: Electronic Books Antitrust Litigation, Case No. 11-MD-2293 (DLC).  In doing so, the court indicated that the plaintiffs’ claims are subject to a per se analysis and not a Rule of Reason treatment.  The court viewed the alleged conspiracy as fundamentally horizontal in nature, with Apple sitting at the “hub” of a hub and spoke…

  • Resale Price Maintenance: Toto, We’re In Kansas Again

    Howard Ullman
    11 May 2012 | 7:20 am
    No, Not That Kind of RPM To bookend my recent discussion of the New York appellate division’s decision in Tempur-Pedic, I’ll mention here the Kansas Supreme Court’s decision in O’Brien v. Leegin Creative Leather Products, Inc., No. 101,000 (May 4, 2012).  There, the court held that vertical RPM is subject to challenge under Kansas state law, and that the Rule of Reason does not apply.  The relevant Kansas statutes forbid all vertical price-fixing by two or more persons or between persons. Thus, despite the U.S. Supreme Court’s decision in Leegin Products, Inc.

  • Nine Potential Patent Licensing “No-Nos”

    Howard Ullman
    10 May 2012 | 7:30 am
    Check the List of "No Nos" We’re two-thirds of the way through this series. So far we’ve covered: 1. Patent/Product Tying 2. Requiring the Licensee to Assign Back Subsequent Patents 3. Restricting the Right of the Purchaser of the Product in the Resale of the Product 4. Restricting the Licensee’s Ability to Deal in Products Outside the Scope of the Patent 5. A Licensor’s Agreement Not to Grant Further Licenses 6. Mandatory Package Licenses Up next, over the next few weeks, I’ll finish by looking at: 7. Royalty Provisions Not Reasonably Related to the Licensee’s Sales 8.

  • Antitrust Issues In Retail Networks Can Be Difficult to Find

    Howard Ullman
    10 May 2012 | 12:00 am
    According to presenters at a Global Competition Review panel today, antitrust problems in retail networks can be difficult to find.  For the report on the panel, click here (sorry, it may be behind a paywall). The article reports that according to the panel, antitrust cases in the retail sector are becoming more and more complex, frequently including hub-and-spoke conspiracies and most favored customer cases as well as resale price maintenance (RPM).  The panel included European regulators from Germany’s Federal Cartel Office, France’s Competition Authority, and…

  • Is Resale Price Maintenance Illegal Under New York Law?

    Howard Ullman
    9 May 2012 | 2:05 pm
    In People v. Tempur-Pedic International, Inc. (May 8, 2012), the appellate division of the New York Supreme Court affirmed a trial court’s decision dismissing the New York Attorney General’s complaint and finding  that Tempur-Pedic had not violated New York General Business Law Section 369-a by entering into Resale Price Maintenance (RPM) agreements with its retailers. The appellate court agreed with the trial court that Section 369-a does not make RPM illegal as a matter of law — it only provides that RPM agreements will not be enforceable or actionable at law.  In…
 
  • add this feed to my.Alltop

    Attorney at Work

  • The Best Public Speaking Advice

    Ruth Carter
    15 May 2012 | 8:00 pm
    I have had the pleasure of being a public performer for 22 years, as a gymnast, a classically trained singer, a flash mob performer and, more recently, a speaker on legal topics. Despite all of my experience, I still get nervous. Before most performances you will find me pacing backstage asking myself, “Why is this fun for me?” The Advice That Changed Everything My nerves used to get to me. Sometimes I would get so nervous that I would shake, and I would be so worried about being nervous that it would hurt my performance. And then I got the advice that changed everything. I was at a…

  • I Think My Voice Just Got Deeper

    William Melater
    15 May 2012 | 5:00 am
    Legal puberty is real. I am not referring to one of those laws in the South regarding 12-year-olds getting married and when you can buy alcohol. I mean that, just as in your real life, you’ll go through certain developmental stages in your career—including puberty—in your life as a lawyer. The phases are similar, quite distinct and universal. First, you are born as an attorney, crying (on the inside), scared (on the outside). Then, one day you realize you can subpoena people and it’s “Helloooo, Terrible Two’s!” You say “no” to every request…

  • Should Lawyers Care About Klout Scores?

    Gwynne Monahan
    14 May 2012 | 5:00 am
    Attorney at Work has been after me for a post about Klout. Try as I might, the drafts are snarky. I simply can’t get past my mantra: Until my Klout score replaces my credit score, I pay it little attention. I say “little attention” because rarely a day goes by when I don’t see a tweet along the the lines of “I just gave so-and-so +K in fill-in-the-blank” or “I just received +K for fill-in-the-blank.” As if on autopilot, I click on my profile in HootSuite so my eyes can take in my current Klout score. At one point, I experimented and added my…

  • Have a Wild Rumpus Day

    Merrilyn Astin Tarlton
    11 May 2012 | 5:00 am
    Are you, too, remembering Maurice Sendak this week? Perhaps reliving the deliciously scary times you spent Where the Wild Things Are? Recalling bedtimes when you snuggled with your little one and a well-worn copy of In the Night KitchenThen this Friday Five is for you! We declare today “Wild Rumpus Day” at Attorney at Work, and invite you to rediscover your inner child. (Let’s see … where did I put her?) Come on, indulge in a little purposeless, passionate, non-goal-oriented but very important Friday nonsense. Just for the fun of it! Baby Yourself, You Deserve It Everyone…

  • iPads for Lawyers: Shortcuts for Power Users

    Carol Gerber
    10 May 2012 | 5:00 am
    Seems like you’re always under the gun, doesn’t it? Time pressure is the very nature of a lawyer’s life. But now you’ve found that your new iPad makes your load lighter, let’s make it quicker, too. Get beyond the basic 101-level of iPad use, and you can apply all kinds of micro-efficiencies to speed things up. Just as Microsoft Office and other programs have shortcuts, there are shortcuts for the iPad2 and iPad as well. With a little practice, these techniques will help you work more quickly, with fewer interruptions. They may even attract the occasional…
  • add this feed to my.Alltop

    Georgia Workers' Compensation Lawyer Blog

  • The "Choosing Wisely" Initiative and Medical Testing

    Atlanta workers' compensation lawyer Michael Moebes
    15 May 2012 | 7:00 am
    The Choosing Wisely® initiative is a recent partnership between the ABIM (American Board of Internal Medicine Foundation) and Consumer Reports whose aim is to help encourage "physicians, patients and other health care stakeholders to think and talk about medical tests and procedures that may be unnecessary, and in some instances can cause harm." A comprehensive (and sometimes comfortably overlapping) list of 45 common tests and procedures was compiled by nine specialty societies representing 374,000 United States physicians.Each list, titled Five Things Physicians and Patients Should…

  • Proposed Changes to Medicare Set-Asides Affect Workers' Compensation Settlements

    Atlanta workers' compensation lawyer Michael Moebes
    9 May 2012 | 3:26 am
    The meeting of the 111th Congress was the one that saw Medicare Secondary Payer bill H.R. 2641 flop over and twitch.  The 110th saw that happen to H.R. 2549 also, and H.R. 5309 went the same way during the 109th. In case you don't recall this particular bill in all its iterations, it addressed Medicare Set-Asides ("MSAs") for workers' compensation. Now it's reanimated in the form of H.R. 5284, which was introduced by Congressmen David Reichart (R-Washington) and Mike Thompson (D-California) on April 27th. The bill seeks to amend the Social Security Act, specifically section 1862. If…

  • Connecticut woman fights back against overzealous workers' compensation investigators

    Atlanta workers' compensation lawyer Michael Moebes
    4 May 2012 | 11:00 am
    You might expect investigators to be vigilant when checking up on the activities of workers whose workers' compensation case they are administering.  What you wouldn't expect is that they would be so vigilant as to incite the family of an injured worker to file a lawsuit against them. That's what happened recently in Connecticut. A woman who was so fed up with the aggressive tactics and harassment from the third-party firm who is administering her husband' workers' compensation claim filed a diversity action against them.  The plaintiff is the spouse of a Connecticut Department of…

  • Georgia's cracking down on businesses who shuck their duty to provide workers' compensation coverage for employees.

    Atlanta workers' compensation lawyer Michael Moebes
    3 May 2012 | 2:20 am
    The state of Georgia requires most employers with three or more full-time, part-time or seasonal employees to offer workers' comp benefits. Any business found in non-compliance with coverage requirements faces civil penalties of up to $5,000 per violation as well as possible prison time. Some companies in Georgia seem to think that workers' compensation insurance policies are elective and are deciding that they don't need to cover their employees in case of on the job injury. Thankfully, the state of Georgia disagrees, and it is equipping itself to do battle against those companies that fall…

  • Workers' compensation fraud can be fun! Until it's not.

    Atlanta workers' compensation lawyer Michael Moebes
    27 Apr 2012 | 7:00 am
    Listen. It's perfectly okay to have the impulse to beat someone into a human stew. It's perfectly okay to act on that impulse if it's within the confines of a ring and the realm of a sanctioned bout. It would be to your benefit, though, to not claim to be disabled in any form or fashion, collect workers' comp benefits as a result, and then participate in MMA fights wherein you scoop up victories and glory and paydays. This goes double if the bouts are being filmed and then archived online--alongside your record of extensive wins--where your name and likeness are easily unearthed. Silly…
  • add this feed to my.Alltop

    Justia Law, Technology & Legal Marketing Blog

  • Writer’s Picks: Lawyers Behaving Badly

    Courtney Minick
    7 May 2012 | 12:37 pm
    Well, it hasn’t been a good week for the reputation of the legal profession. By now, you’ve heard that the 9th Circuit ruled on Padilla v. Yoo, finding that plaintiffs do not have a cause of action against the former Deputy Assistant Attorney General John C. Yoo for injuries suffered as a result of Mr. Yoo’s “torture memos.” The Court found that Yoo was entitled to qualified immunity under Ashcroft v. al-Kidd, because regardless of the legality of plaintiff’s detention and the wisdom of Yoo’s judgments, at the time he acted the law was not “sufficiently clear that…

  • Notable Opinions this Week – Global Warming Insurance, False Statements and Health Care Fraud Class Actions

    Cicely Wilson
    27 Apr 2012 | 8:00 am
    Our Daily Opinion Summary writers have picked some interesting cases to highlight this week, with one in particular cutting close to home. First up, we leave the lower forty-eight and head up to Alaska with AES Corp. v. Steadfast Ins. Co.. The case involved the village and city of Kivalina, a community located on an Alaskan barrier island, which filed a lawsuit in the U.S. District Court against AES and other defendants for allegedly damaging the village by causing global warming through the emission of greenhouse gases. AES requested that Steadfast provide a defense and insurance coverage…

  • Who Has the Most Current Online Maps: Google, Bing or Yahoo?

    Ken Chan
    25 Apr 2012 | 12:50 pm
    During a recent trip to Washington, D.C., I discovered that the reflecting pool between the Lincoln Memorial and the National World War II Memorial had lost a bit of its luster. From inside the Lincoln Memorial, my gaze at the National Mall was interrupted by fencing, heavy equipment, and an empty pool. However, an aerial view of Washington, D.C. from Google Maps provided no hint of the ongoing construction. So, based on some online research, I wanted to determine when the aerial photo used by Google was taken, as well as whether Google, Microsoft/Bing or Yahoo offered the most up-to-date…

  • Writer’s Picks: Miranda, Superman and Bad Men Provisions

    Courtney Minick
    23 Apr 2012 | 4:39 pm
    Here are some of the more interesting opinions issued this week, collected by our Daily Summary writers. In State v. Eli, the Hawaii Supreme Court found that a police practice of asking an arrestee to tell his or her “side of the story” prior to offering Miranda warnings violates the defendant’s constitutional right against self-incrimination and right to due process. In this case, the “pre-interview” statements were thrown out, and the case remanded for a new trial. The 9th Circuit issued an opinion on intellectual property and the Superman comic. In Pacific Pictures Corp. et al v.

  • Don’t Get a Ticket for Parking at an Unmarked Curb

    Ken Chan
    20 Apr 2012 | 3:25 pm
    Lunch at Justia is a time reserved for scholarly legal debate. Our focus recently turned to the legality of parking a vehicle along an unmarked curb outside a local Chipotle. On a day when we thought the God of Parking was gracing us with his magnificence, any semblance of karma was purely illusory. First, we pulled adjacent to the curb. From California Vehicle Code § 21458, we know the meaning of the following curb colors: (1) Red indicates no stopping, standing, or parking, whether the vehicle is attended or unattended, except that a bus may stop in a red zone marked or signposted as a…
 
  • add this feed to my.Alltop

    Jim Hammond's Blog

  • It Wasn’t About AFA’s

    Jim Hammond
    6 May 2012 | 12:57 pm
    I recently hosted a, standing-room only client discussion at Aderant’s Momentum on AFA’s. The funny thing was that the discussion turned out to be not about AFA’s (Alternative Fee Arrangements) but about Project Management and Profitability Modeling. Sure, most of the firms in attendance were already providing their clients with AFA’s, one large UK firm even indicated that about 50% of their litigation was now fixed-fee work. What firms wanted to hear about was how they could better manage projects and use matter planning tools to predict profitability. Many of the firms that…

  • Understanding IOLTA and Other Trust Accounts

    Jim Hammond
    15 Apr 2012 | 1:37 pm
    The terms IOLTA, Trust Account and Escrow Account are many times used interchangeable in the discussion of funds held on behalf of a client. IOLTA stands for Interest on Lawyers Trust Accounts. IOLTA was set up to provide a way to provide legal aid to low income people through the use of the interested income collected on client deposits. What specifically differentiates IOLTA funds from other Trust and Escrow funds is the donation of the interest income to the IOLTA organization. (See the special note at the end of this post regarding IOLTA rules for each state.) Basic Rules: Funds that…

  • Tax Time & Law Firm Temptations

    Jim Hammond
    8 Apr 2012 | 10:49 am
    Next week taxes are due for all law firms, since most firms are partnerships, these taxes are individually owed by the partners in the firm based on their share of the firm’s net income from 2011. With a soft economy there might be a big temptation to get creative in firm accounting to help boost 2011 net income. Here are some considerations: Most law firms operate on a modified cash basis for accounting and there are almost no standards for “how modified” from a pure cash accounting method this accounting becomes. One key element, especially in larger firms that requires the use…

  • Memo to Partners …. Is Your Firm on “Speed”!

    Jim Hammond
    25 Mar 2012 | 11:03 am
    Everything we put our hands on today is built for speed, our iPhones, iPads, PC’s, notebooks, cars, TV’s … you name it. You can transfer money on-line, make purchases, look up an address on your GPS and so forth at the speed of light. Today’s technology provides speed, yesterday’s technology did not. The industrial revolution transformed society at the time due to speed, the ability to get things done faster and better. This post is about speed, not the drug, but the future of how law firms will internally function. HOWEVER, when it comes to the internal processes with a law firm,…

  • It Far Easier to Keep than Lose Good People

    Jim Hammond
    17 Mar 2012 | 1:02 pm
    In my last posting I identified how to hire the right people and who you might want to be aware of. In this post we’ll discuss keeping good people. Some law firms just seem to suffer from continual turnover of the staff, others appear to be training grounds for other firms or corporate legal departments. One fact of business …. it is immensely cheaper to keep good people than to find good or better replacements. First we’ll take a look at the top 5 reasons why people might leave in the first place. Top 5 reasons why employees leave.  1. Higher Pay. Surveys consistently show that the…
  • add this feed to my.Alltop

    BullsEye Blog

  • 2nd Circuit Upholds Attorney’s Fees: 3 Lessons in $3.5 Million

    Maggie Tamburro
    15 May 2012 | 10:35 am
    Can a trademark counterfeiting and infringement plaintiff elect statutory damages instead of actual damages under the Lanham Act and still receive attorney’s fees? The 2nd Circuit recently answered that question in the affirmative – to the tune of $3.5 million dollars – leaving some valuable lessons in its wake. In a March 29, 2012 opinion, the U.S. Court of Appeals [more]

  • Supreme Court Patent Opinion Paves Way for Expert Testimony

    Robert Ambrogi, Contributing Author
    3 May 2012 | 5:21 pm
    The Supreme Court has issued a new patent law opinion that could signal a greater need for expert testimony in patent-related civil actions in federal district courts. In the April 18 opinion, Kappos v. Hyatt, the Supreme Court resolved a question that had divided the U.S. Patent and Trademark Office and many practitioners. At issue was the extent to which [more]

  • Intriguing IP Cases – Our Top 4 for 2012 (So Far)

    Maggie Tamburro
    1 May 2012 | 8:58 am
    One can hardly check the daily news feed from their favorite syndicators without encountering yet another high profile intellectual property headline. Whether it’s a breaking story about the NFL cracking down on counterfeiters, or the April 18th U.S. Supreme Court ruling regarding a dissatisfied patent applicant’s ability to introduce new evidence, intellectual property related lawsuits dominate headlines. We decided to [more]

  • Court Spells Out ‘Red Flags’ to Watch for in Experts

    Robert Ambrogi, Contributing Author
    24 Apr 2012 | 8:45 am
    Lawyers are always on the lookout for grounds to challenge their opponents’ expert witnesses. Imagine if those very experts would help you find their Achilles’ heels, sending up red flags that alerted you to their vulnerabilities. Well, maybe they already do. All you need is to know what to look for. If you need any help in identifying those red [more]

  • A Siri-ous Affair?

    Maggie Tamburro
    17 Apr 2012 | 9:03 am
    Apple’s intelligent personal assistant Siri is creating quite a frenzy lately, but perhaps not in the way Apple envisioned when unleashing it on the smartphone market last October. Siri has incited the passions of a few hard-to-please iPhone customers, one of whom took his case to a California federal court in March. Fazio’s Allegations…Siri-ously? On March 6, Frank M. Fazio, [more]
  • add this feed to my.Alltop

    Florida Foreclosure Defense Lawyers Blog

  • Jacksonville Foreclosure Attorney: Have I been subject to Predatory Lending?

    14 May 2012 | 8:39 am
    Predatory Lending: unfair, deceptive, or fraudulent practices of mortgage lenders during the loan origination stage. Predatory Lending is separate and apart from Predatory Mortgage Servicing, which occurs post origination. Predatory lending encompasses a wide variety of abusive acts by the individuals involved in originating a loan. There is not an actual legal definition in the US. Predatory lending practices may include refinancing that causes the borrower to lose the benefit of special terms in the loan, excessive or hidden fees, mandatory arbitration clauses, inadequate disclosures,…

  • Clay County Foreclosure Defense Attorney: Divorce and Foreclosure

    4 May 2012 | 8:14 am
    One big trigger of Foreclosure in Florida that we often see is a Florida Divorce or the breakup of a long-term relationship. Many couples purchase homes together while relying on the source of 2 incomes in order to afford the home. When that couple separates, it becomes, very difficult to continue to make the mortgage payments. Too often, one or the other actually makes it even more difficult by having animosity against the other and refusing to work together. That is why it is important to consult a Clay County Divorce Attorney and a Clay County Estate Planning Attorney. Together, they can…

  • Jacksonville Foreclosure Defense Attorney: What happens to the Second Mortgage when the First is Foreclosed on?

    3 May 2012 | 8:14 am
    Today, many people have a First and Second Mortgage on their residential home. When the homeowner falls behind on the mortgage payments and the home is foreclosed on by the primary mortgage company there can be many questions regarding the second mortgage. So what happens to a second mortgage after the first mortgage is foreclosed on and the property sold? As many would think, the sale of the property by the first mortgage company does not automatically take care of the second mortgage. When the property is sold, the property can be sold free and clear of the second mortgage, but this does…

  • Mandarin Foreclosure Defense Attorney: Is a Loan Modification Right for me?

    2 May 2012 | 9:05 am
    If you are behind on your mortgage payments and trying to decide if a Loan Modification is right for you, you must weigh the good benefits with the bad. A Loan Modification will add all your missed payments, together with all late charges and interest, into a modified loan with a new principle balance. This will allow you to get back on track. However, there are some key disadvantages to a Loan Modification that you should take into great consideration. Here are some key benefits and disadvantages for thought: Benefits: 1. Avoids Foreclosure. 2. Lower interest rate (typically). 3. Convert an…

  • St. Johns Foreclosure Defense Attorney: What does the Recent Bank Settlement mean to residents of St. Johns County?

    1 May 2012 | 8:50 am
    A common question currently being asked by homeowners in foreclosure in the St. Johns County and Jacksonville Florida area is what does the Recent Bank Settlement mean for me? As I have to answer over and over again, we do not yet know exactly what it means. In addition, we do not expect very much relief for most homeowners in the upcoming months. Yes, the settlement states our nation's 5 largest banks will pay $26 Billion and allows for up to $20,000 to be paid to each borrower. But the success of the program very much depends on what Washington does. We have watched a few other government…
 
  • add this feed to my.Alltop

    Wisconsin Accidents and Injuries

  • Pediatric Brain Injury

    rozeklawoffice
    27 Apr 2012 | 9:15 am
    Traumatic Brain Injury (TBI) in children is the leading cause of death and disability worldwide. In fact, head injuries account for over 80% of all pediatric injuries. Pediatric brain injuries result in more than $1 billion in hospital charges annually. The most dangerous age groups, statistically, are children from 0 – 4 years-old, and children from 15 – 19 years-old. The most common causes of pediatric TBI are as follows: Car Accidents Falls Assaults Sports and Recreational Activities Child Abuse While the acute symptoms of pediatric TBI are similar to the acute symptoms of…

  • High Definition Fiber Tracking Shows Hidden Brain Injuries

    rozeklawoffice
    4 Mar 2012 | 10:31 am
    In a breakthrough study published in the latest edition of the Journal of Neurotrauma, researches at the University of Pittsburgh have revealed detailed images of a revolutionary new brain imaging technique referred to as High Definition Fiber Tracking (HDFT). HDFT can show damage to small areas of the brain that would not be visible on a typical CT scan or MRI. Similar to Diffusion Tensor Imaging (DTI), HDFT shows the white matter fiber tracts, which are essentially bundles of brain cells called axons. For example, if the brain were made up of telephone wires, the fiber tracts would be a…

  • Loss of Sense of Smell and Taste Following TBI

    rozeklawoffice
    19 Feb 2012 | 11:18 am
    Two common symptoms following Traumatic Brain Injury are changes in the ability to smell and changes in the ability to taste. While there can be several different reasons for changes in the ability to properly smell and taste, if there is a sudden change in a person’s ability to properly smell or taste following brain injury, then the doctor should look to the brain injury as the cause of the change in smell or taste.Unfortunately, due to the ability of the brain injury survivor to have full insight into all of their symptoms, it is common that they begin changing their eating patterns,…

  • Carbon Monoxide Poisoning at Hotels

    rozeklawoffice
    14 Jan 2012 | 10:17 am
    Green Bay Hilton Garden Inn As news surfaced of yet another carbon monoxide poisoning at a Green Bay hotel, it shed light on the reluctance of the hotel industry to address a major safety concern. On December 30, 2011, as many as 16 people were hospitalized after being exposed to dangerous levels of carbon monoxide while staying at the Green Bay Hilton Garden, 1015 Lombardi Ave., Green Bay, Wisconsin. The Green Bay Fire Department recently released their records that indicate four small children and several other people were suffering from common symptoms of carbon monoxide exposure,…

  • Long Term Consequences of TBI

    rozeklawoffice
    11 Dec 2011 | 10:33 am
    Traumatic Brain Injuries can lead to many long term health problems. Early cognitive decline is a leading long term consequence of TBI, which can ultimately lead to Chronic Traumatic Encephalopathy, Alzheimer’s Disease, Parkinson’s Disease, and early onset Dementia. Autopsy studies of professional athletes have been able to confirm that multiple concussions or brain injuries can result in a condition called Chronic Traumatic Encephalopathy. Chronic Traumatic Encephalopathy is a progressive disease that results in a gradual decline in cognitive function. Victims of Chronic…
  • add this feed to my.Alltop

    American Academy of Estate Planning Attorneys - Blog

  • Building Relationships in Predictable Bursts

    Academy Guest Blogger, Randi Siegel, President of DocuBank
    14 May 2012 | 8:00 am
    I recently returned from the Academy’s semi-annual Summit in Williamsburg, VA. As always, it was wonderful to reunite with the Academy members. This cohesive group has a great deal of camaraderie and energy, and I always look forward to going. I have been attending these Summits for 15 years. What I find striking each time is just how much a relationship can develop in short spurts over a long period. I see these folks for a few days at a time, twice a year. We catch up on changes in their firms and changes in their personal lives. It’s similar to the relationship with an old friend or…

  • What You Can Do About Elder Abuse

    Stephen C. Hartnett, J.D., LL.M., Associate Director of Education, American Academy of Estate Planning Attorneys
    11 May 2012 | 8:00 am
    I was the final speaker at the Academy’s Spring Summit event in Williamsburg, VA, which ended a few days ago. The speaker immediately preceding me was Dana Fitzsimons, who gave a great talk on Elder Abuse. Elder abuse can take many forms: Physical Emotional/Psychological Sexual Financial exploitation Neglect Whatever form abuse takes, there are a few things we know about it: It is prevalent. Elder abuse is underreported, but the U.S. Administration on Aging believes that nearly two million older Americans are abused each year. It crosses racial and socioeconomic borders. Wealth, and even…

  • Helping Your Clients Overcome Tax Planning Paralysis

    Stephen C. Hartnett, J.D., LL.M., Associate Director of Education, American Academy of Estate Planning Attorneys
    9 May 2012 | 3:00 am
    In recent years, uncertainty has been the name of the game when it comes to tax planning. This year is no different. The Bush tax cuts are set to expire on December 31, which means that absent intervention by Congress: Tax rates for ordinary taxable income will increase, with taxpayers in the highest bracket paying 39.6% The number of taxpayers subject to the Alternative Minimum Tax will expand significantly Maximum long-term capital gains rates will increase from 15% to 20% Stock dividends will be taxed as ordinary income, meaning a maximum rate of 39.6% rather than the current cap of 15%…

  • Powerful Presentations

    Academy Guest Blogger, Jorge Villar, President of Response Mail Express
    7 May 2012 | 2:35 am
    The FINAL WORD about making a powerful seminar presentation: PRACTICE. You heard the old saying, “How do you get to Carnegie Hall? PRACTICE. PRACTICE. PRACTICE!” The same applies to being a powerful and effective seminar presenter. Before you get up in front of your audience, you better know your presentation by-heart. You do not want to be looking back and forth at the screen to get cues on what to say when. While you’re going to be sharing important information – a seminar presentation is still a performance. You must show complete mastery of your presentation and the subject…

  • The Value of Local Search Marketing

    Rita Chaires, SEO and Social Media Manager, American Academy of Estate Planning Attorneys
    4 May 2012 | 8:00 am
    Think as a local business you don’t need to worry about appearing at the top of search engine results because of your Yellow Pages ad or other local marketing? Think again! Clients are no longer using the phone book when in search of local products and services. Instead, more and more are turning to computers, smartphones, and search engines. In fact, according to comScore, global leader in digital marketing intelligence, 54% of Americans have substituted the internet and local search for phone books. Perhaps more importantly, 82% of those local searchers follow up with an in-office visit…
  • add this feed to my.Alltop

    HoganWillig

  • Practical Advice for Landlord/Tenant Issues – Part 1

    Diane Tiveron
    15 May 2012 | 10:33 am
    The importance of a lease There is nothing that can provide more benefit to the landlord/tenant relationship than a written lease. In the residential setting, a plain language lease helps greatly in outlining the rights and responsibilities of either party. The law requires that leases be in clear language (which is different than rules regarding [...]

  • Our Good Friend and Colleague: Steven Bachmann Dietz

    Corey Hogan
    1 May 2012 | 3:41 pm
    We are saddened to announce that our office lost a brilliant legal mind and tireless advocate in Steven Bachmann Dietz recently. Steven joined HoganWillig in 2009 and prior to that, he was an associate at Lorenzo & Cohen, where he worked closely with Steven M. Cohen (former partner of Lorenzo & Cohen and now Litigation [...]

  • Why Do You Need A Power of Attorney

    Patricia Fay
    27 Apr 2012 | 9:00 am
    Durable Power of Attorney: A Durable Power of Attorney is a legal document in which you appoint an agent to assist you with handling your financial affairs and to make financial decisions on your behalf during your lifetime, either for convenience or in the event you become incompetent or disabled. A Durable Power of Attorney [...]

  • Are NY Homebuyers Penny-wise and Pound-foolish?

    Geff Gismondi
    24 Apr 2012 | 9:14 am
    Searching through hundreds of listings on your iPhone or your realtor’s website to find the perfect home is a time-consuming process. Once you find the perfect red-brick, 4-bed, 2-bath cape on the quiet, tree-lined sidestreet around the corner from your favorite café, the work isn’t over. I’m not just referring to the seemingly endless stack [...]

  • File Your Return Even If You Can’t Pay!

    Kevin Miller
    16 Apr 2012 | 12:18 pm
    As April 17, 2012 approaches; tax day for the 2011 Individual Income Tax, the question becomes, “file or don’t file my return?” Setting aside tax protest issues – sternly addressed by courts, this question often arises when a taxpayer does not have the money to pay their tax bill. This inability to pay is never [...]
 
  • add this feed to my.Alltop

    Attorney at Work

  • The Best Public Speaking Advice

    Ruth Carter
    15 May 2012 | 8:00 pm
    I have had the pleasure of being a public performer for 22 years, as a gymnast, a classically trained singer, a flash mob performer and, more recently, a speaker on legal topics. Despite all of my experience, I still get nervous. Before most performances you will find me pacing backstage asking myself, “Why is this fun for me?” The Advice That Changed Everything My nerves used to get to me. Sometimes I would get so nervous that I would shake, and I would be so worried about being nervous that it would hurt my performance. And then I got the advice that changed everything. I was at a…

  • I Think My Voice Just Got Deeper

    William Melater
    15 May 2012 | 5:00 am
    Legal puberty is real. I am not referring to one of those laws in the South regarding 12-year-olds getting married and when you can buy alcohol. I mean that, just as in your real life, you’ll go through certain developmental stages in your career—including puberty—in your life as a lawyer. The phases are similar, quite distinct and universal. First, you are born as an attorney, crying (on the inside), scared (on the outside). Then, one day you realize you can subpoena people and it’s “Helloooo, Terrible Two’s!” You say “no” to every request…

  • Should Lawyers Care About Klout Scores?

    Gwynne Monahan
    14 May 2012 | 5:00 am
    Attorney at Work has been after me for a post about Klout. Try as I might, the drafts are snarky. I simply can’t get past my mantra: Until my Klout score replaces my credit score, I pay it little attention. I say “little attention” because rarely a day goes by when I don’t see a tweet along the the lines of “I just gave so-and-so +K in fill-in-the-blank” or “I just received +K for fill-in-the-blank.” As if on autopilot, I click on my profile in HootSuite so my eyes can take in my current Klout score. At one point, I experimented and added my…

  • Have a Wild Rumpus Day

    Merrilyn Astin Tarlton
    11 May 2012 | 5:00 am
    Are you, too, remembering Maurice Sendak this week? Perhaps reliving the deliciously scary times you spent Where the Wild Things Are? Recalling bedtimes when you snuggled with your little one and a well-worn copy of In the Night KitchenThen this Friday Five is for you! We declare today “Wild Rumpus Day” at Attorney at Work, and invite you to rediscover your inner child. (Let’s see … where did I put her?) Come on, indulge in a little purposeless, passionate, non-goal-oriented but very important Friday nonsense. Just for the fun of it! Baby Yourself, You Deserve It Everyone…

  • iPads for Lawyers: Shortcuts for Power Users

    Carol Gerber
    10 May 2012 | 5:00 am
    Seems like you’re always under the gun, doesn’t it? Time pressure is the very nature of a lawyer’s life. But now you’ve found that your new iPad makes your load lighter, let’s make it quicker, too. Get beyond the basic 101-level of iPad use, and you can apply all kinds of micro-efficiencies to speed things up. Just as Microsoft Office and other programs have shortcuts, there are shortcuts for the iPad2 and iPad as well. With a little practice, these techniques will help you work more quickly, with fewer interruptions. They may even attract the occasional…
  • add this feed to my.Alltop

    Fairfax County Wills & Estate Planning Attorney - Annandale, Virginia

  • Estate Planning and Optometry Are Quite Different … Or Are They?

    Scott
    18 Apr 2012 | 11:36 am
    The very glasses that provided “insight”.  Enhanced image by Krysteena Marie Photography. So over the weekend, my glasses broke.  As displayed in the accompanying picture, the top half of the frames are made of metal while each lens is held in by a small elastic band. The glasses lost a battle with my knee and one of the bands split in two. With my two kids in tow, I went to a nearby glasses store and asked them if they could fix my glasses. They referred me to another nearby store with an optometrist on site. The second store claimed they had the necessary band and told me it…

  • 20 Annoying Things About Being an Estate Planning Attorney

    Scott
    16 Mar 2012 | 1:21 pm
    No, for the most part, we don’t starve.  These may also have a “First World Problems” vibe as well.  But as you read the following list, maybe, just maybe, you’ll laugh and perhaps shed a tear too: 1.  The Binding Struggle Pictured to the right.  Choices include 3-ring binders, staples, wire, coil, comb-binding, velo-binding, spiral binding, thermal binding, traditional wax seal and ribbons.  Oy gevalt! 2.  The Paparazzi Can’t we just get a meal in peace? 3.  The Limitations In this day and age, why is giving an estate planning seminar during Open-Mike Night…

  • Have Dependents? Then Strongly Consider Standby Guardianships

    Scott
    13 Mar 2012 | 11:02 pm
    Today we discuss a strategy that is useful in case of what is likely the most devastating, worst-case scenario for many families – the unexpected and sudden death of parents or caregivers. While we hesitate to even think about it, we must consider all possibilities in estate planning so that loved ones can be left to focus on mourning and healing, rather than worrying about what’s next. You have most likely heard many times that it is essential to establish a guardian for your children or other dependents in your will.  However, this solution is perhaps inadequate. The Will is Not Enough…

  • Follow-Up Answers to “Revocable Living Trusts in a Nutshell” Webinar

    Scott
    2 Mar 2012 | 1:34 pm
    Online Presentation This past Monday, I gave a 90-minute webinar entitled “Revocable Living Trusts in a Nutshell”.  It was sponsored by the good folks at the National Business Institute (“NBI”) and simulcast by West Legal Ed Center.  The course was geared toward a national audience and is approved for Continuing Legal Education (CLE) credit in many states as well as CPE for the National Association of State Boards of Accountancy.  The webinar was recorded and will be available for 1.5 to 2.0 hours credit at both NBI and West until at least the end of 2013 (depending on your state).

  • What is the Federal Gift Tax? The Rules for 2012 (And Beyond?)

    Scott
    24 Feb 2012 | 8:53 pm
    Image by 401kcalculator.org via flickr. Let’s discuss federal gift taxation for 2012. Our government has been fairly active lately initiating proposals for gift taxes in 2013 and beyond. For example, earlier this month, President Obama proposed the application of the gift tax rules that were in place in 2009. Since this would result in a higher gift tax rate (up from 35% to 45%) and a lower lifetime exemption (down from $5.12 million to $1 million), it is probably worth taking a few minutes to further understand exactly what is involved. Common recommended estate planning strategies, such…
  • add this feed to my.Alltop

    Pretrial, Trial, Appellate & Evidence Blog

  • HIWAII PROSECUTORS AIM FOR SUSTAINABLE TRAINING

    Ronald H. Clark
    10 May 2012 | 9:58 pm
    On the Road in KonaMonday of last week I was in Hong Kong and watched a Barrister cross-examine the defendant in a high profile murder case – more about that experience here. Then, after a one-day turnaround in Seattle, travelled to Kona, Hawaii. Last Friday I conducted a day-long seminar on “Sustainable Prosecutor Training” for Hawaii’s prosecutors in the King Kamehameha hotel ballroom on the Kona side of Hawaii.Charlene Iboshi, Prosecutor for the Big Island, spearheaded the creation of the seminar that would examine the needs for training (not only in trial advocacy but on all other…

  • TRIAL LAWYER’S APPEARANCE – PARTICULARLY WOMEN

    Ronald H. Clark
    15 Apr 2012 | 5:48 pm
    Law Students Spend a Day in CourtSeeing is believing and understanding. For the first time, I added to my Seattle University Law School Comprehensive Trial Advocacy course a requirement that the students spend a day watching a trial and write a report on what they observed and learned. The students went to different courts – federal, state and municipal. They reported on the skillfulness that some lawyers displayed and the ineptitude of others. Their experience in observing lawyers at work drove home points covered both in their class assigned readings, lectures and discussions about trial…

  • REFORMING LAW SCHOOLS – BEYOND CARNAGIE

    Ronald H. Clark
    10 Apr 2012 | 3:48 pm
    Professor Kristen Holmquist on Lawyerly ThinkingIn a recent issue of Journal of Legal Education (Vol. 61, February 2012) Kristen Holmquist (pictured here), Associate Director of Professional Skills and Lecturer in Residence at UC Berkeley School of Law, assails the 2007 Carnegie Report’s conclusion that law schools successfully teach students to think like lawyers. She states, “Our pedagogy and curriculum – an over-reliance on neatly edited cases to the exclusion of working with messy, human facts, in ways that real lawyers might – obscures the inter-dependence of knowing and doing…

  • CHANGING MEXICO’S JUSTICE SYSTEM – INTRODUCING ORAL TRIAL ADVOCACY

    Ronald H. Clark
    29 Mar 2012 | 12:26 pm
    Proyecto Diamante at the National Advocacy CenterLast week I participated in a program that is designed to dramatically change Mexico’s criminal justice system. It’s called “Proyecto Diamante,” and it is intended to bring oral trial advocacy to Mexico.Proyecto Diamante, which was launched on February 7th, is an undertaking to train Mexico’s 2500 prosecutors and 6000 investigators in our American prosecutorial and investigative techniques. As U.S. Ambassador Anthony Wayne said, “Proyecto Diamante represents (Mexico’s) Attorney General Morale’s commitment to the transition from…

  • CLINT EASTWOOD AND ADVOCACY

    Ronald H. Clark
    17 Feb 2012 | 5:54 pm
    Halftime Pep Talk and Trial AdvocacySuper Bowl has come and gone. As have the ads. Much has been said and written about Eastwood’s halftime advertisement for Chrysler. Carl Rove attacked it, claiming that it was a payback to Obama for the bailout. Joe Klein in Time magazine mused over how Rove and the Republicans got it all wrong and how Romney suffered from “his party’s silliness.” But, before the advertisement and these musings fade into history, the advertisement is worth remembering for what it was – a dynamic piece of advocacy. It was both well written and delivered; it serves…
 
  • add this feed to my.Alltop

    The MegaBlog - Legal, Business, General Info

  • Hiring for Nonprofits: How to Find Good Staff With Little Cash

    Heather Cuthill
    15 May 2012 | 10:45 am
    You've incorporated a nonprofit organization and now you badly need staff to run the operations. Hiring for nonprofits is not the same as hiring staff for a profit corporation. For one thing, you'll be working with substantially less money in your personnel budget than a private company of comparable size would have available. Continue reading →

  • Why You Should Incorporate Your Nonprofit Organization

    Heather Cuthill
    8 May 2012 | 10:58 am
    A nonprofit (or not for profit) organization is exactly what its name implies – it is an entity that uses any surplus revenues it generates in order to achieve certain goals, rather than as profits to be distributed among the shareholders. It can be incorporated or unincorporated, but there are advantages to being a corporation, such as limiting the liability of the members. Continue reading →

  • Make Your Vacation Property Work for You

    Heather Cuthill
    1 May 2012 | 10:10 am
    Rental properties such as cabins and cottages are becoming increasingly popular as they are generally more cost-effective than staying in a hotel and more comfortable for extended stays. This gives vacation property owners an opportunity to have their property pay for itself by generating revenues when they're not using it. Continue reading →

  • Do You Have the Right to Cancel a Contract After You’ve Signed It?

    Heather Cuthill
    24 Apr 2012 | 9:31 am
    If you've already signed a purchase or lease contract, is there any way you can legally get out of it now? Maybe there is. Many countries, states, provinces and territories have laws in place to protect the rights of consumers and to ensure that they are well informed about the goods or services they are purchasing or leasing. Continue reading →

  • Don’t Get Caught Without a Business Plan!

    Megadox
    17 Apr 2012 | 10:00 am
    A business plan is one of the most important tools of doing business. Not only does a business plan lay out your vision for your company and its future direction and growth, it’s also a key component in obtaining financing … Continue reading →
  • add this feed to my.Alltop

    The Attorney Marketing Center

  • How to get people talking about you and your law practice

    David M. Ward
    15 May 2012 | 1:49 pm
    One of the best ways to help people understand what you do is to tell stories about the clients and cases you’ve handled in the past. All of your marketing documents and messages should be peppered with client stories for reasons I’ve written about before. But if you want people to talk about you and remember you and send business to you, there’s one more story you need to tell: your story. People are fascinated by lawyers. Yes, they criticize us and make jokes about us, but at the same time, they love to watch TV dramas and read novels featuring attorneys. Of course we know…

  • Seth Godin’s latest example of bad advice

    David M. Ward
    14 May 2012 | 3:40 pm
    I often comment on other blogger’s posts. I take their ideas, add my two cents, and re-frame their generic information so it is appropriate for attorneys. I think writing teachers refer to this as, “compare and contrast.” It’s an easy way to create interesting, timely, and relevant content. But while “comparing and contrasting” might make for an interesting post, there’s nothing better than writing a post where you completely disagree with someone, especially when that someone is a respected and well known expert. Such was the case with a recent post…

  • The best way to open and close your emails and letters

    David M. Ward
    11 May 2012 | 3:10 pm
    “Dear Reader:” Doesn’t make you feel all warm and fuzzy, does it? “Dear Friend,” A little better. And note that a comma is less formal than a colon. “Dear George,” Much better. Speaking to an individual. Nothing sweeter than the sound of one’s own name. But “Dear” is a bit old fashioned in an email. “George,” Arguably the best way to open an email. Much better than “Hey!” although it’s okay to use something like that for informal messages with people you know really well. Of course if you know the…

  • Should attorneys list their fees on their web site?

    David M. Ward
    10 May 2012 | 1:59 pm
    Do you post your fees on your web site or in your ads? Some attorneys do; most don’t, but should they? Of course for many legal services, it’s nearly impossible to quote an accurate fee without more information. So we say, “it depends,” and encourage the prospect to call. In truth, most people don’t call, because they are intimidated or don’t want to listen to a sales pitch or be told they have to come into the office. But if you charge a flat fee for a given service–incorporation, bankruptcy, real estate closing, living trust–should you list…

  • Build a more profitable law practice by relaxing and doing less

    David M. Ward
    9 May 2012 | 2:11 pm
    Yesterday, I spoke with an attorney who is on the verge of burnout. I could hear it in his voice. After thirty years of practice, he’s struggling to attract clients, he’s stressed out and he doesn’t know what to do. He tells me he’s competent and people like him when they meet him. “Put me in front of someone and they’ll sign up,” he said. He doesn’t do a lot of networking and admits he doesn’t get in front of enough people. He has a web site and a blog for each of his five practice areas. He’s spent considerable time and money…
  • add this feed to my.Alltop

    Law Firm Internet Marketing Blog | Attorney Search Engine Optimization SEO | News & Tips

  • New Nielsen Study: 70% Of People Trust Online Consumer Opinions

    Dustin Ruge
    20 Apr 2012 | 12:22 pm
    A study was recently released by Nielsen that affirms what most of us already know: online consumer opinions have a HUGE impact in today's marketing. If you are an attorney, here are a few things you should know:- There are now over 18+ major websites that now support consumer reviews- Most consumer reviews are negative and can hurt your business without you ever knowing- Most consumer reviews NEVER GO AWAY unless acted uponTHE IMPORTANCE OF CONSUMER REVIEWSThink about the last time you went online to buy something. Have you bought a book on Amazon or Barnes & Noble? Did you look at the…

  • Is Google + a Minus For Attorneys?

    Dustin Ruge
    5 Mar 2012 | 10:17 am
    There is an old saying in marketing that you should "fish were the fish are" so when Google announced their competitive offering to Facebook, many people took immediate notice. This was then, this is now:- Google + has 90 million registered users VERSUS 845 million for Facebook - PC users on average are spending 3 minutes a month on Google + VERSUS 6-7 hours for Facebook These numbers were courtesy of a recent report in ComScore and further reported on in the Wall Street Journal.  As I previously posted in July of last year about Google +, I had my doubts about the effectiveness and…

  • 4 Steps To Create An Effective Online Review Strategy For Attorneys

    Dustin Ruge
    2 Mar 2012 | 11:26 am
    Yesterday online review company Yelp Inc. exploded onto the scene with a strong IPO with first day trading up 61% from their strike price – not bad! Yelp’s IPO follows recent IPO’s of GroupOn and Angie’s List, with Angie’s List still fairing the better on the two on the street. Yelp currently averages around 66 million unique visitors a month and users have created more than 25 million consumer reviews to date.  Why Are Online Reviews Important to Attorneys? There is a 90% chance that somebody has already written a review about you online. To date there are at least 20 major…

  • Bankruptcy Legal Demand Growth Takes A Hit In 2011

    Dustin Ruge
    21 Feb 2012 | 3:29 pm
    The Hildebrand Institute recently released their 2012 Client Advisory and there was some interesting growth trends (and lack thereof) that took place from 2010-2011:As we can see from the chart:The winners were: IP Litigation, Labor & Employment, Litigation and Real Estate. The biggest losers: Bankruptcy, Tax, and M&AWhat can we learn from this from a legal marketing perspective? It is always hard to tell by trying the steer a tanker by its wake but here is what I am seeing:- The bankruptcy wave may have peaked sometime last year or the year before- Litigation still remains strong-…

  • New Google Places Charges Will Have Little Impact On Law Firms?

    Dustin Ruge
    10 Nov 2011 | 12:47 pm
    New news broke out of Google land that next year Google is planning on charging high volume users of their Google Places listings: http://www.gpsworld.com/lbs/google-charge-high-volume-users-map-use-12285.As the story currently goes, Google plans to charge an excess impressions fee for companies who have more than 25,000 impressions per day. Most law firms rarely reach 25,00o impressions daily since more attorneys searches are more practice area specific and parochial in nature.The question however becomes how does Google plan to define a "company" in their system and how are their totals…
 
  • add this feed to my.Alltop

    Estate Law Canada

  • Home-made estate planning can be dangerous

    Lynne Butler
    14 May 2012 | 1:47 pm
    Last week I met with a widowed woman to talk about estate planning. Let's call her Mrs. Jones. She was anxious to tell me that what she really cares about is making provision for her disabled son. He is in his 50s, lives with his mother, and is unable to handle finances without help. Mrs. Jones is worrying about what all parents of disabled children worry about - what will happen to the child

  • The tax planned will

    Lynne Butler
    14 May 2012 | 7:19 am
    The attached article from doctorfinance is one of the best explanations I've read about  how using a trust can save tax. And it's not just about the multi-millionaires; it explains how a trust can help those who have done reasonably well financially during their lives. It's definitely worth a read so click here to check it out.

  • Most popular blog posts about tax

    Lynne Butler
    11 May 2012 | 2:20 pm
    I always receive numerous questions about tax as it relates to estates, so in this post I'm gathering together a few of the most popular tax posts on my blog. Hopefully that makes your research a little easier. Click on the links below to read the posts. The basics of capital gains tax and the principal residence Income tax returns that an executor must file Can the executor distribute the

  • Judge says feuding siblings can pay their own lawyers if they want to keep fighting over the estate

    Lynne Butler
    11 May 2012 | 9:02 am
    I found this story to be one of those car wrecks where I couldn't look away, even though I knew what I was about to see was going to be ugly. It's the story of a father who left 75 million dollars to sons who couldn't get along. Five years after the father's death, the sons are still fighting over the estate and the legal bills are over five million dollars. The legal fees were being paid out

  • Federal Government Introduces the Protecting Canada's Seniors Act

    Lynne Butler
    11 May 2012 | 8:20 am
    Here is some news that will hopefully have a positive impact on our seniors. The Canadian government has introduced a new bill that proposes amendments to Canada's Criminal Code to provide stiffer sentences for crimes against seniors. Click here to read a blog post about this with more details from http://www.allaboutestates.ca/.
  • add this feed to my.Alltop

    Planet10Tech

  • Zoe Keating – Radical Cello

    Tom Stasiuk
    13 May 2012 | 12:26 pm
    One of my favorite artists is Zoe Keating, a very modern cellist who uses a Mac (see the tech angle) to loop music live on stage. The results are fascinating, haunting and often highly emotional pieces. It takes a bit to get going. If you are the impatient sort, skip to around the three minute mark. http://www.youtube.com/watch?v=nLKOgTG8RMs photo by: poptech Tweet Related posts: Restoring sort-by-column in OS X Lion’s Finder list view

  • Money can buy happiness!

    Tom Stasiuk
    11 May 2012 | 4:19 pm
    I really enjoyed watching Michael Norton’s TED prevention on How to Buy Happiness (aka if money can’t buy happiness, you’re spending it wrong). It’s a light hearted and fun, yet empirical, talk on how spending your money in different ways can greatly improve your sex life (or at least your overall happiness). Give it a watch: photo by: Pink Sherbet Photography Tweet Related posts: Grace vs Duty of Happiness And if you want to hear some pornography Inside Washington’s Money Machine

  • Our economic choices

    Tom Stasiuk
    7 May 2012 | 11:43 am
    It’s easy to see the economic problems of another country: Greece, Italy. You can look at the economic trends and see what is going to make things worse. However, it is a lot harder to even spot the mistakes in your own fishbowl. This Planet Money episode on “We’re Headed For A Fiscal Cliff. Should We Jump?” has stuck with me for laying out in stark terms the hard choices we have to make. Give it a listen. photo by: squacco Tweet No related posts. WAH!!!

  • Marvel Buddies, Assemble!

    Tom Stasiuk
    5 May 2012 | 11:06 pm
    I don’t usually do movie reviews. I tend to have quite contrarian tastes and I don’t care how good or important a film is. A cheap but entertaining movies rates higher with me than a technically perfect but heartless Oscar winner (e.g. Hugo). Plus, who really cares what I think. Still, every once in a while a movie is so big, so praised, so awesome, that I spend the big bucks to see it on the big screen and … it totally fails to impress me. And that sums up Joss Whedon’s “Avengers.” Part of the reason I’m writing this is to memorialize my first…

  • Magic Marketing Secrets

    Tom Stasiuk
    3 May 2012 | 6:18 pm
    I love it when people ask me to write up their new business. I mean, when they actually ask me – which means figuring out who I am, what I do, why their business might be of interest to me and my readers, and then actually talking to me while using my name. Of course, I also get a kick when marketers do the opposite and ask me for a personalized recommendation via an email blast, such as the below: Hi, My name is Paul and I’m a startup blogger. About three months ago I started a do it yourself marketing service for bloggers because agencies cost too much. The service is called…
  • add this feed to my.Alltop

    Law Shucks

  • Get on the Mic, My Man

    lawshucks
    4 May 2012 | 10:28 pm
    Sorry about the formatting.

  • London Layoffs Back

    lawshucks
    4 May 2012 | 6:11 pm
    In 2009, UK firms were ahead of the curve in laying people off.  Could that trend be starting again? Herbert Smith, #29 on the 2011 Global 100, is reportedly laying off up to 51 London lawyers and staff – three percent of that office’s headcount.  The firm has about 1100 total lawyers. The corporate cuts [ed: 23 of the 51] equate to almost 10% of the London team. A further five fee-earner positions are at risk in real estate, with the remaining job cuts affecting professional support lawyers and personal assistants. The firm is also now expecting to offer jobs to a maximum of…

  • Dewey Death Watch

    lawshucks
    1 May 2012 | 1:44 pm
    So it’s officially on.  We’ve been quiet about the whole Dewey imploding thing.  In part, it’s because of other commitments, but it’s also because until a couple of weeks ago, we really thought this was going to end up being more like White & Case’s troubles of 2009-2010, or Cadwalader’s 2008-09, than Howrey. Those three firms pretty much covered the spectrum of likely outcomes: Cadwalader saw an exodus (or cleaned house, depending on whom you believe), then really turned things around. White & Case got picked over, by Latham in particular, but…

  • Jordan Harbinger, Interesting Guy, Not Best Face of BigLaw Layoffs

    lawshucks
    22 Apr 2012 | 11:57 am
    Major law firms have laid off more than 15,000 people, almost 6,000 of which are lawyers.  Given that sample size, we have to believe that there are a few who would elicit a little more sympathy for the rest than Jordan Harbinger. Harbinger is actually really interesting, and is making lemons out of lemonade.  He’s a blogger and a talking head about dating advice for man.  We have no idea how crowded that field is, but since he’s part of Kevin Smith’s SModcast network (we’re big fans of Mr. Smith) and is on SiriusXM, we’re guessing Harbinger is pretty good at…

  • Quick Update

    lawshucks
    19 Apr 2012 | 2:54 pm
    Way behind on a bunch of stuff around here due to work.  Always looking for help, so please reach out if you want to volunteer.  Need content, curators for the trackers, etc.  Oh, and sponsors.  Surely, some smart company wants to reach our distinguished, successful, and astonishingly good-looking audience?  The race between spousal patience and the blog’s financial independence is heating up. We love comments.  Commenters always give the best scoops and most-interesting follow up information (see the post before this, for example).  We put the recent comments widget back in the…
 
  • add this feed to my.Alltop

    AZ Attorney

  • What Minority Bar Associations Offer to a Lawyer Profession

    azatty
    15 May 2012 | 11:30 am
    Ariz. Chief Justice Rebecca White Berch leads off a panel discussion of women judges, Minority Bar Convention, Phoenix, Ariz., April 13, 2012 Diversity in the legal profession is one of those things people talk around, unsure of its meaning or a strategy to achieve it. Some even question its value. A few events in April answered those questions, through education and eloquence. And they demonstrated clearly that Arizona’s legal community has evolved to be one of inclusion and diversity. I provide some photos of the two events. But you have to read to the end of the post to hear one…

  • Official Says: Criminal Sentencing Outrage Surprising, Misplaced

    azatty
    14 May 2012 | 12:01 pm
    Criminal sentencing and we make strange bedfellows. When I say “we,” I certainly mean Americans. But today I am wondering about the view most Arizonans have of the length of time we commit people to the penitentiary. What got me thinking about it was an odd case—or maybe I should say a commonplace case—out of Winslow, Ariz. There, a man committed felonious acts and was sentenced to seven and a half years in prison. Nothing surprising, so far. And yet that everyday occurrence led to a firestorm of publicity and shouts about over-sentencing. In the January issue of Arizona Attorney…

  • He who buys last, laughs in the Comedy Concert back row

    azatty
    11 May 2012 | 11:30 am
    Happy Change of Venue Friday. I have mentioned this comedy gig to you a few times. An impressive lineup of comics is slated to perform this Sunday at Phoenix Symphony Hall, all to benefit a Bill of Rights Monument. Step up, I told you. Play your part, I said. Buy a ticket, I urged. So this past week, I finally got around to purchasing a few tickets for myself (no, you cynics, no free tickets come our way for stories we covered in Arizona Attorney Magazine; we’re not that kind of publication!). And to my surprise, I was to be located in the second-to-last row. (I then engaged the…

  • Elections for @StateBarofAZ board position open now

    azatty
    10 May 2012 | 11:30 am
    If you are a lawyer residing in District 6 (Maricopa County), it is time to exercise your right to select a representative to the State Bar of Arizona Board of Governors. Ballots are open May 9 through May 23. You should already have received a link to the ballot in your email. As we explained in Arizona Attorney Magazine: “The Board of Governors elections will again be conducted online. Does the State Bar have your email address of record? (Rule 32(c)(3), Ariz.R.S.Ct.) “A special election will be held this year to elect one member from District 6 (Maricopa County) to serve a two-year…

  • Lawyers’ Civil Discourse Series illuminates Islamic American relations

    azatty
    9 May 2012 | 12:07 pm
    Imam Ahmad Sheqeirat A late follow-on to a terrific event: On April 11, a group of lawyers put on the second in their series called a “Civil Discourse Event.” The notion behind the series hosted by the St. Thomas More Society is to select topics that may get some people hot under the collar but then to provide commentary and facts—actual facts!—that may help reduce the temperature. The April event was titled “Islamic American Relations: Getting Along in the 21st Century.” Moderated by former Court of Appeals Judge Patrick Irvine, the evening at ASU Law School nudged attendees…
  • add this feed to my.Alltop

    Course and Scope: Connecticut Worker's Compensation

  • SSA Bans Judges from Stalking Facebook

    James F. Aspell
    4 May 2012 | 4:02 pm
    I read today that apparently the Social Security Administration has banned its' Administrative Law Judges from using Facebook in particular and the internet in general to root out Claimant fraud. I have often suspected ALJ's dig around in he online world to discover whether or not the Claimants that appear before them can be found dancing or running or in general having some sort of life when they are not in the hearing room. All in all, I believe the SSA's new policy is the only fair way to handle things. There is all sorts of ways online sites and web pages can be manipulated so that things…

  • Worker's Comp Commission/Labor Department merger shelved for this year- Middletown District Office to Close

    James F. Aspell
    29 Mar 2012 | 8:38 pm
    We have received some good news from about the Governor’s proposal to consolidate the Worker’s Compensation Commission into the Department of Labor. In the latest version of the proposed state budget, funding for the WCC has been restored. The WCC will remain independent. There is some bad news, but it is not unexpected: the Middletown office will close as of July 1 and 2 vacant positions will be eliminated

  • Bulletin 49 now available

    James F. Aspell
    27 Mar 2012 | 8:19 am
    The Workers’ Compensation Commission’s Bulletin 49 is available to the public free of charge, and contains the entire Workers’ Compensation Act, additional related statutes, and Workers’ Compensation Administrative Regulations. Also included are illustrations of Connecticut’s workers’ compensation forms.To receive a copy of the Bulletin 49, please contact either your nearest Workers’ Compensation Commission District Office or the Commission’s Education Services [(860) 493-1500].

  • The 11 Most Life Threatening Jobs on the Planet

    James F. Aspell
    6 Mar 2012 | 7:58 am
    The danger workers face on the job is not always compensated by higher pay. Life-threatening jobs can be mind-numbingly simple, easily performed by unskilled workers or children, or as physically and mentally demanding as one can imagine. Cable television shows like Deadliest Catch and Ice Road Truckers give some sense of the dangers faced by workers in the sea fishing and truck driving industries respectively, while films like Workingman's Death (2005) document examples of dangerous, and almost pointlessly unproductive manual labor. Below are 11 life-threatening jobs ranging from the banal…

  • Worker's Compensation and "Acts of God"

    James F. Aspell
    13 Jan 2012 | 11:34 pm
    From Lynch Ryan: Worker's Comp InsiderAnnals of Compensability: Of Heroes, Acts of God, and (No) MercyWhen the category 5 hurricane hit Joplin, Missouri on May 22 this year, Mark Lindquist was perched on a mattress which covered his clients, three mentally disabled adults. Lindquist, a social worker for Community Support Services, was following the tornado protocol in a town where basements are virtually non-existent. Unfortunately, the protocol proved utterly ineffective in the wake of 200 mile per hour winds. Lindquist was plucked from his perch and hurled a block away. He was impaled on…
  • add this feed to my.Alltop

    Law Donut blog feed

  • Small firms raise 'concern' as Harris relocates

    Georgina Harris
    25 Apr 2012 | 9:06 am
    Breaking news:  Georgina Harris, erstwhile editor of the Law Donut, is hanging up her pencil and heading for fresh pastures (well, Clapham).  In a shock move that has rocked London’s 3 million independent shops, retail ambassador Georgina Harris has departed Putney and returned to Clapham, triggering widespread economic implications, explains dead rapper Tupac. In the survey of 500 small businesses in South London, 47% admitted they were worried about the amount of sales lost from luxury and excise goods, fearing it would lower profits. A further 15% said they were “very…

  • Not just for factories - your overview of key environmental rules that could affect daily business

    Kathryn Skinner
    23 Apr 2012 | 8:52 am
    Any business’s daily operations can have an adverse effect on the health of not just the environment, but also on your workers and neighbours. Most rules placed on businesses are designed to prevent noise, air, water, and land pollution. Whether you operate a small business or large-scale industrial business, some environmental rules almost certainly apply to your business - here are the central environmental regulations that you may well need to check out. Air pollution prevention Air pollution can come from a variety of sources in your business, and some activities - installation of…

  • Name and shame: 'online marketing expert' is outed on Twitter for plagiarism

    Rory MccGwire
    18 Apr 2012 | 10:10 am
    It’s not difficult to find where one’s own content is posted on the internet. As well as using special software, you can simply search for a complete title or a sentence and Google will often locate it for you. So back in 2010 it was not hard for us to find that Nigel Copley was ripping off more than 60 items from our Marketing Donut content, posting it on his blog as if it was his own. What a simple way to garner praise for his up-to-the-minute insights and thorough understanding of all things internet marketing. Just for good measure, he sold advertising next to our content. I seem to…

  • Expert tips on new HR laws for 2012-13

    jonathandale
    10 Apr 2012 | 5:00 am
    New law, new stress? Experts from Andrew Jackson Solicitors explain how to cope with this April’s new business law changes Employment law From 6 April, new employees who start work with you will need to put in two years’ work before they can claim for unfair dismissal. Rules for your existing staff don’t change – they can still claim after a year. Jonathan Dale, head of the employment law team at Andrew Jackson, explains: “Employers should review and record which employees the new law applies to, and to whom it doesn’t apply. “In making that assessment, employers need…

  • Marketing your business with an Olympic theme - are you in danger of breaking the law?

    Catherine Lloyd-Evans
    22 Mar 2012 | 6:21 am
    I was recently tipped off by a friend who manages a large high street bookstore that I was infringing trademark law on my website.  We make homewares and accessories from recycled and vintage fabrics, and like many artisans and craft-based companies, one of our products has a Union Jack inspired design. It being the year of Britain’s hosting of the Olympics, we wanted to flag up our cushion. The wording in question was this: “Celebrate the Olympics in style with our Union Jack cushion”. Having read the guidelines my friend sent me, I promptly took down the text in question and…
 
  • add this feed to my.Alltop

    Colorado Construction Litigation

  • An Analysis of the District Court Order on TCD v. AmFam.

    Brady Iandiorio
    10 May 2012 | 1:50 pm
    Recently, this blog posted several articles regarding HB 10-1394, codified at C.R.S. § 13-20-808. As mentioned in those posts, C.R.S. § 13-20-808 has gathered an increasing amount of attention. Part of the interest is due to the ambiguous nature of how the trial courts are interpreting the statute. The following post analyzes the District Court of Summit County rulings in TCD, Inc. v. American Family Mutual Insurance Company, 2009CV148, which ultimately gave rise to the Court of Appeals' affirmation of the District Court's order that C.R.S. § 13-20-808 does not apply retroactively. The…

  • Colorado Senate Bill 12-181: 2012's Version of a Prompt Pay Bill.

    David M. McLain
    1 May 2012 | 12:21 pm
    A potentially important legislative bill has been introduced in waning days of the 2012 legislative session, which would change many of the commercial practices that prevail in the construction industry. Senate Bill 12-181 applies to all building and construction contracts and would prohibit any contract provision that requires a contractor, subcontractor, or supplier to waive their lien in advance of payment. It also would ban any “choice of law” provisions that make a Colorado-based construction contract subject to enforcement only in another state, or under the laws of another…

  • Otteman v. Journey Homes, LLC.: Slipping Out of Contractual Arbitration Provisions

    Brady Iandiorio
    26 Apr 2012 | 12:15 pm
    Recently, the District Court of Weld County Colorado granted a motion for preliminary injunction regarding the enforceability of an arbitration provision in a purchase and sales agreement. Ms. Sue E. Otteman (the “Plaintiff”) signed a Purchase and Sale Agreement for a residence in Windsor, Colorado with Journey Homes, LLC (the “Defendant”). The agreement contained a provision calling for binding arbitration to resolve any and all claims arising between the two parties. The provision called for arbitration to be conducted by three arbiters from the American Arbitration Association…

  • Colorado Court of Appeals Rejects Retroactive Application of C.R.S. § 13-20-808.

    Chad W. Johnson
    12 Apr 2012 | 10:37 pm
    In TCD, Inc. v. American Family Mutual Insurance Company, TCD appealed the district court’s summary judgment ruling in favor of American Family. TCD, Inc. v. American Family Mutual Insurance Company Colo. App. No. 11CA1046 (April 12, 2012). TCD was the general contractor on a project to construct a building for Frisco General Gateway Center, LLC (“Gateway”). TCD subcontracted with a roofer named Petra Roofing and Remodeling Company (“Petra”) to performing the roofing work for the building. The subcontract required Petra to defend and indemnify TCD and to name TCD as an additional…

  • Yet Another District Court Weighs in on HB 10-1394

    Brady Iandiorio
    4 Apr 2012 | 1:34 pm
    Since its inception, HB 1394, memorialized as C.R.S. § 13-20-808, has gathered an increasing amount of attention.Part of the interest is due to the ambiguous nature of how the second part of the statute is being ruled on by trial courts.There is a dispute which has not yet been resolved by appellate courts in Colorado regarding whether the second part of the statute is retrospective or not.The following is an analysis of an order regarding summary judgment in American States Insurance Company v. J.P. Enterprises, 2010 CV215, District Court of Larimer County.American States Insurance Company…
  • add this feed to my.Alltop

    Beckwith DUI

  • Washington State Physical Control Charges – DUI vs Physical Control

    Beckwith DUI
    18 Apr 2012 | 1:23 pm
    A physical control charge in Washington State has the same criminal and Department of Licensing consequences as a DUI. However, there are important differences in how a physical control DUI is defended. An Important Defense The Washington State legislature has created an important defense for physical control violations. The defense basically says that if your vehicle is parked safely off of the roadway before you are pulled over, you can not be convicted of physical control. The “Safely Off the Roadway” defense was created to encourage impaired drivers to stop driving. However,…

  • WA State DUI Impound Law

    Beckwith DUI
    2 Mar 2012 | 2:17 pm
    If you are arrested for DUI, recent Washington State legislation requires that your vehicle is impounded for a minimum of 12 hours. It is very important that you don’t argue with the arresting officer about having your vehicle towed. DUI arrests are often times videotaped and prosecutors can use any statement that you make against you. Remaining silent will: Protect your rights Prevent you from making an incriminating statement Enable your DUI lawyer to communicate on your behalf There are 3 ways in which a vehicle can be retrieved within the required 12 hour period: If the owner of the…

  • WA SR 22 Insurance Requirement after DUI License Suspension

    Beckwith DUI
    3 Feb 2012 | 10:26 am
    WA SR 22 insurance is required if your driver’s license is suspended for a major moving violation and you wish to reinstate your driving privileges. This insurance is required by the Washington State Department of Licensing to prove financial responsibility. Major moving violations include: DUI/DWI Reckless Driving Vehicular Assault Driving with a Suspended License Hit and Run After the license suspension is served, you must purchase SR-22 auto insurance before your driver’s license can be reinstated. Compared to standard auto liability insurance, this insurance is typically much more…

  • Jail Time for 2nd DUI Conviction in WA

    Beckwith DUI
    3 Jan 2012 | 3:18 pm
    If you are convicted of a 2nd DUI in WA State, you are required to serve at least 30 days in jail as the minimum sentence. You can be sentenced to up to 364 days in jail for a second DUI conviction. However, it is pretty unlikely that you would serve the maximum jail sentence for a DUI conviction in Pierce County or King County, Washington. The minimum jail time requirement is increased to 45 days if your blood alcohol content (BAC) was .15 or above. The maximum jail sentence is 364 days, since a 2nd DUI offense is still a gross misdemeanor. It is extremely important to avoid a 2nd DUI…

  • Fighting WA DUI Breath Test Results

    Beckwith DUI
    1 Dec 2011 | 2:09 pm
    There are many scientific and technical considerations involved with a DUI alcohol breath test in WA Sate. An important consideration is determining the accuracy of the breath test. The laboratory that performs the testing of the breath sample (through the Washington State Patrol) is required to provide a confidence interval. A confidence interval gives your DUI defense attorney a margin of error for your breath test. Your actual alcohol content is supposed to be inside of this margin. Statistics come into play when determining the likelihood that your breath test is within a specific portion…
  • add this feed to my.Alltop

    Legal Loudspeaker

  • QuickFix: Internet Explorer Freezing

    Accellis Technology Group
    4 May 2012 | 2:15 pm
    Recently, many of our clients are experiencing issues with their Internet Explorer “freezing”. So far, we have been able to determine that it has something to do with the Bing Bar when set as your default search provider. There is no risk to your firm or any data. It appears to be a denial of service attack on Bing which is flooding their site with hits and therefore slowing down those who are trying to connect to it. While you may not be actively “using” the Bing Bar, it will periodically reach out to Bing. There is an easy fix for this, however, we do not recommend doing this…

  • Word 2010: Setting Default Font & Spacing

    Accellis Technology Group
    6 Apr 2012 | 4:03 pm
    I’ve have friends call me all the time, inside and outside the legal industry, because I know a few things about computers. Regarding Microsoft Word, the number one complaint is always this: “Mike, every time I open up Word it’s set to Calibri, 11-pt. font, and is double spaced with 10-pt. after-spacing. How do I set it to something normal so that every time I open up a new document, I don’t have to waste my time trying to figure out how to fix it?” I’m glad you asked. When you open up Word 2010, and type a sentence or two, this is what it might look like (depending on your…

  • 3 Things to Try Before Calling Tech Support

    Accellis Technology Group
    22 Mar 2012 | 10:06 am
    Computer problems always seem to occur at the most inconvenient time: When you’re in the middle of drafting a contract that you haven’t saved yet, at 6pm on Friday when and you’re almost done entering your time, or right when you’re about to hit your highest score on your online Texas Hold ‘em tournament. But before you take a baseball bat to your PC while screaming profanities about your IT guy, here are a few things to try: Make sure everything is plugged in. I know it sounds silly. But you wouldn’t believe how many calls we get from people that didn’t realize their mouse…

  • When is Hosted Exchange Right for Your Firm?

    Accellis Technology Group
    15 Mar 2012 | 3:22 pm
    A lot of law firms outsource their Microsoft Exchange Server to a third-party provider instead of purchasing a server and hosting Microsoft Exchange internally. The advantages are that the third-party absorbs the cost of hardware, software, management, and leaves the law firm with just a monthly investment of $10-$25 per month per user, depending on who the provider is and how much storage / add-ons you elect to have. For some firms, however, this isn’t the most cost-effective route, and there are significant advantages of hosting Exchange internally. Check out the complete step-by-step…

  • The New iPad + Memorable Quotes from Tim Cook

    Accellis Technology Group
    8 Mar 2012 | 8:51 am
    On March 7th, Tim Cook introduced Apple’s latest product, the new iPad. Within seconds, the internet was buzzing with tweets and live blog feeds directly from the invitation-only event.  With over 100 competitive tablets introduced in the market within the last year, Apple is determined to stay ahead of its rivals. But will the new iPad live up to its hype? While it still has yet to be tried and tested by users, here’s what you can expect to see: Killer Screen Resolution - The new iPad comes with a 2048 x 1536 pixel display. Basically, images will be sharper on your iPad than your 1080p…
 
  • add this feed to my.Alltop

    Legal Expert Network

  • Legal Expert Network – Frequently Asked Questions

    admin
    10 May 2012 | 12:26 pm
    1. What is the Legal Expert Network? 2. How will I benefit from joining? a. What kind of exposure will I get on eLocal? b. Can I give you a bio to post on eLocal? c. Is there a badge I can post on my website showing that I’m an eLocal Expert? 3. How much time will it take to participate? 4. How does it work? What’s the schedule? a. When does the question go live? b. When does the Home Expert Awards post go live? c. When does the Follow-up article go live? 5. What’s the difference between an Ongoing Contributor and a Member of the Expert Panel? 6. How do I become an official member of…

  • Trademark Infringement

    admin
    19 Sep 2011 | 10:54 am
    Infringement is the act of violating a law or a right, and is most commonly related to intellectual property. Punishment for infringement can be either civil or criminal. Civil penalties for infringement include paying back damages to the copyright, patent or trademark owner. Criminal penalties for infringement can result in prison time and hefty monetary fines. The three most common types of infringement are copyright infringement, patent infringement and trademark infringement. Copyright Infringement Copyright Infringement occurs when a copyright holder’s creative work is unjustly…

  • Mesothelioma Claims

    admin
    14 Sep 2011 | 10:29 am
    Mesothelioma is a rare form of cancer caused by prolonged exposure to asbestos, a mineral that can be found in products at home or in the workplace. The disease develops once asbestos fibers are inhaled and attach to the lungs. Treatment options include surgery, chemotherapy, radiation therapy, or alternative methods such as acupuncture to lessen the side effects. Due to the rarity of the disease, current treatment options are not entirely effective and a cure is not yet known. Treatments are often very expensive, but necessary once a diagnosis is given to prolong the life of the patient.

  • Proving Fault After a Traffic Accident

    admin
    13 Sep 2011 | 10:21 am
    Determining who is at fault for a traffic accident or injury can be complicated. In most cases, common sense will tell you that one driver, motorcyclist, or pedestrian acted carelessly and is therefore at fault for the accident. However, there may be some extenuating circumstances that will affect the way an insurance company, or even a court, will view who is at fault. After an accident occurs, it is important to carefully review what happened at the accident scene. As the victim of an accident, you will want to look for ways to prove that the other person or party was at fault. Three…

  • Asbestosis and Mesothelioma

    admin
    12 Sep 2011 | 5:50 pm
    Asbestosis and Mesothelioma are diseases caused by prolonged exposure to asbestos, a mineral that can be harmful if inhaled. Asbestos can be found in many household items, as well as in insulation, plumbing, and construction materials. Asbestos is often an ingredient in manufacturing processes. Tradespersons, miners, and people that live near mining stations are most at risk of inhaling asbestos. Asbestos became popular starting in the 1940’s because of its sound absorption and resistance to fire and heat. Today, homeowners are encouraged to remove any asbestos from their homes to avoid…
  • add this feed to my.Alltop

    Law Shucks

  • Get on the Mic, My Man

    lawshucks
    4 May 2012 | 10:28 pm
    Sorry about the formatting.

  • London Layoffs Back

    lawshucks
    4 May 2012 | 6:11 pm
    In 2009, UK firms were ahead of the curve in laying people off.  Could that trend be starting again? Herbert Smith, #29 on the 2011 Global 100, is reportedly laying off up to 51 London lawyers and staff – three percent of that office’s headcount.  The firm has about 1100 total lawyers. The corporate cuts [ed: 23 of the 51] equate to almost 10% of the London team. A further five fee-earner positions are at risk in real estate, with the remaining job cuts affecting professional support lawyers and personal assistants. The firm is also now expecting to offer jobs to a maximum of…

  • Dewey Death Watch

    lawshucks
    1 May 2012 | 1:44 pm
    So it’s officially on.  We’ve been quiet about the whole Dewey imploding thing.  In part, it’s because of other commitments, but it’s also because until a couple of weeks ago, we really thought this was going to end up being more like White & Case’s troubles of 2009-2010, or Cadwalader’s 2008-09, than Howrey. Those three firms pretty much covered the spectrum of likely outcomes: Cadwalader saw an exodus (or cleaned house, depending on whom you believe), then really turned things around. White & Case got picked over, by Latham in particular, but…

  • Jordan Harbinger, Interesting Guy, Not Best Face of BigLaw Layoffs

    lawshucks
    22 Apr 2012 | 11:57 am
    Major law firms have laid off more than 15,000 people, almost 6,000 of which are lawyers.  Given that sample size, we have to believe that there are a few who would elicit a little more sympathy for the rest than Jordan Harbinger. Harbinger is actually really interesting, and is making lemons out of lemonade.  He’s a blogger and a talking head about dating advice for man.  We have no idea how crowded that field is, but since he’s part of Kevin Smith’s SModcast network (we’re big fans of Mr. Smith) and is on SiriusXM, we’re guessing Harbinger is pretty good at…

  • Quick Update

    lawshucks
    19 Apr 2012 | 2:54 pm
    Way behind on a bunch of stuff around here due to work.  Always looking for help, so please reach out if you want to volunteer.  Need content, curators for the trackers, etc.  Oh, and sponsors.  Surely, some smart company wants to reach our distinguished, successful, and astonishingly good-looking audience?  The race between spousal patience and the blog’s financial independence is heating up. We love comments.  Commenters always give the best scoops and most-interesting follow up information (see the post before this, for example).  We put the recent comments widget back in the…
  • add this feed to my.Alltop

    CFTC LAW | Forex, Futures and Derivatives Regulatory News

  • JP Morgan Loss Reopens Debate Over Definition of Hedging

    Felix Shipkevich
    15 May 2012 | 2:13 pm
    JP Morgan Loss Reopens Debate Over Definition of HedgingAmid the barrage of analysis of JPMorgan’s announcement last week of a $2 billion trading loss by the firm’s Chief Investment Office, one factor in its implications is how hedging should be defined. By definition, it is impossible for a perfect hedge to result in either a loss or a gain. Real world hedging, however, is not as clear-cut as it is in textbook examples. When it is done through synthetic positions in particular, the greater number of moving parts increases the chance that something will go wrong. According to Paul Hsi,…

  • JP Morgan’s $2 Billion Gaffe Undermines Dodd-Frank Opposition

    Elan Mendel
    14 May 2012 | 11:57 am
    JP Morgan’s $2 Billion Gaffe Undermines Dodd-Frank OppositionDespite Jamie Dimon’s efforts to explain away a $2 billion trading loss, proponents of the Dodd-Frank Act were quick to pounce on the J.P. Morgan CEO, a leader of industry efforts to reverse key provisions of the law. “The argument that financial institutions do not need the new rules to help them avoid the irresponsible actions that led to the crisis of 2008 is at least $2 billion harder to make today,” said Dodd-Frank co-sponsor Rep. Barney Frank, D-Mass. Sen. Carl Levin, who co-wrote a Dodd-Frank provision, called the…

  • CFTC Delays Some Rules Under Industry Pressure

    Felix Shipkevich
    11 May 2012 | 11:45 am
    CFTC Delays Some Rules Under Industry PressureThe Commodity Futures Trading Commission unanimously decided Thursday to allow exchanges to begin listing swaps contracts, while extending relief on other rules governing the derivatives market until December 31. Swaps, traditionally traded over-the-counter (OTC) and therefore notoriously opaque, will be transformed by the change. “When markets are open and transparent, prices are more competitive, markets are more efficient and liquid, and costs are lowered for companies and their customers,” CFTC Chairman Gary Gensler said. Among other…

  • Congressman Calls for Independent MF Global Investigation

    Elan Mendel
    10 May 2012 | 12:39 pm
    Congressman Calls for Independent MF Global InvestigationRepresentative Michael Grimm (R-N.Y.), together with other lawmakers and former MF Global customers, will officially call tomorrow for an independent counsel to take over the ongoing investigation into the causes of the MF Global debacle. Last week, Grimm circulated a letter calling on Attorney General Eric Holder to appoint an independent counsel, citing former MF Global Chairman and CEO Jon Corzine’s political connections, including his longtime relationship with CFTC Chairman Gary Gensler, a former colleague at Goldman Sachs who…

  • Industry Group Presses CFTC and SEC on New Swap Rules

    Felix Shipkevich
    9 May 2012 | 11:37 am
    Industry Group Presses CFTC and SEC on New Swap RulesA group of asset managers, hedge funds and proprietary managers issued an open letter to the Commodity Futures Trading Commission and the Securities and Exchange Commission on Tuesday, calling for the agencies to move quickly to implement Dodd-Frank swap-clearing requirements by the end of the year. The Clearing Coalition, a group that includes Bank of New York Mellon Corp., D.E. Shaw & Co. and Citadel LLC warned in its letter that any delay would weaken markets, limit the U.S.’s ability to compete internationally, and retard economic…
 
  • add this feed to my.Alltop

    The Litigation Consulting Report

  • 3 Ways to Handle a Presentation-Challenged Expert Witness

    Ken Lopez
    10 May 2012 | 5:58 am
    At A2L, we have the privilege of working with experts in many diverse and highly technical fields, such as software patents, polymer patents, semiconductor patents, medical device design, environmental remediation, construction, financial disclosure, economic damages, transportation safety, corporate management and many more. When we work with these highly educated and often brilliant specialists – people whose testimony can often make the difference between victory and defeat for our clients – our task is, quite simply, to help them be as effective as possible. We…

  • 5 Top Litigation Consulting Report Articles from Q1

    Ken Lopez
    8 May 2012 | 11:06 am
    After a year of providing expert commentary on trials, litigation graphics, jury research, courtroom hot seat best practices and similar topics, I think it’s time to take stock. In the past year, the A2L Consulting blog, The Litigation Consulting Report, has gone from zero subscribers to nearly one thousand. There have been more than two thousand downloads from our popular litigation e-book series. We have given away four iPads, a prize we give each quarter to one randomly chosen subscriber. And more than anything else, I am very excited that there have been more than 20,000 visits to…

  • 5 Surprises in Going from IP Litigator to Litigation Consultant

    Ryan Flax
    3 May 2012 | 6:30 am
    by Ryan H. Flax, Esq.Managing Director, Litigation ConsultingA2L Consulting Ryan Flax joins A2L Consulting on the heels of practicing Intellectual Property (IP) law as part of the Intellectual Property team at Dickstein Shapiro LLP, a national law firm based in Washington, DC.  Over the course of his career, Ryan has obtained jury verdicts totaling well over $1 billion in damages on behalf of his clients and has helped clients navigate the turbulent waters of their competitors’ patents.  He has leveraged his significant experience in cases related to a wide array of…

  • In Trial Presentation - A Camel is a Horse Designed by Committee

    Ken Lopez
    27 Apr 2012 | 2:17 pm
    There is an old expression that a camel is a horse designed by committee. The expression means that when many individuals design something as a group, every imaginable feature will go into the finished product – and it will end up with many important features. But the product will have lost its beauty – and sometimes will have lost some of its usefulness as a complete entity. Working with trial teams to create a trial presentation can sometimes feel a bit like designing a horse and ending up with a camel. Many people provide lots of input on a particular presentation and…

  • Explaining a Complicated Process Using Trial Graphics

    Ken Lopez
    24 Apr 2012 | 11:12 am
    In our work as trial graphics specialists, many cases require us to prepare a demonstrative exhibit that simplifies a complex process. This could be a scientific or technical matter such as how environmental remediation is conducted, how surgical mesh is used, or how data backups are migrated, or it could be a business or governmental matter such as how a form of bond obligation is created and sold or how a government contract is bid and awarded. The key to making a successful process chart or flow chart is to create a simple trial graphic that anyone can quickly understand. It does not have…
  • add this feed to my.Alltop

    Shpoonkle.com

  • More Dangerous Recalls

    Bubbie
    15 May 2012 | 11:20 am
    The U.S. Consumer Product Safety Commission and Health Canada, in cooperation with the firms named below, announced voluntary recalls of the following consumer products. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product. Recalled April 5, 2012 Release #12-146 Office Depot® Brand Biella Leather Desk Chairs Units: 307,000 in the U.S. and 12,000 in Canada Imported by Swinton Avenue Trading ...Keep Reading

  • Lawmakers Quietly Making Law to Revoke Passport for Back Taxes

    Bubbie
    14 May 2012 | 11:13 am
    According to the Huffington Post, before you make plans for summer travel here and abroad, if you owe federal taxes, you had better be aware of a new Transportation bill that is in Congress right now, which could allow the IRS to revoke the passports of those Americans who owe back taxes from leaving the country.  No kidding! “The provision is part of Senate Bill 1813, also called the Moving Ahead for Progress in the 21st Century Act, was introduced by Senator Barbara Boxer (D-CA) in November ...Keep Reading

  • Dangerous Distracted Driving and Unrestrained Dogs

    Bubbie
    13 May 2012 | 11:12 am
    Have you ever seen an unrestrained dog in the back seat of a car?  Orin the front of the car? Or half out the window? Even worse, do you see small dogs on the lap of someone while driving or at stoplights? It’s obvious those drivers don’t worry about the safety of their pets or about the dangers they are setting up for themselves and other drivers. According to an online survey from the AAA auto club, only 17 percent of drivers protected their pets with a pet-restraint system. The study als ...Keep Reading

  • Bermuda Triangle: 2 Pyramids rumored to have been found

    Bubbie
    12 May 2012 | 11:03 am
    According to Live Science, “The Bermuda Triangle is infamous for making everything from cargo ships to airplanes disappear. The mysterious body of water is clouded with rumors of suspicions — if not supernatural — activity Also sinisterly known as the Devil’s Triangle, the Bermuda Triangle consists of a region in the western part of the North Atlantic Ocean, and is defined by points in Bermuda, Florida and Puerto Rico. It stretches across less than a thousand miles on any one side. T ...Keep Reading

  • Payroll Tax Hike Jan 1, 2013

    Bubbie
    11 May 2012 | 11:00 am
    According to the New York Times, “the tax bill for an average middle class household will go up almost $2,000. This is the result of the expiration of the Bush tax cuts and tax measures tucked away in the Obama stimulus bill. If allowed to go into effect, this massive tax increase will send the still fragile economy into a death spiral from which it will be difficult to recover.“  It doesn’t matter who wins in November. According  to the W all Street Journal on 3/19/12, “The U.S. is cr ...Keep Reading
  • add this feed to my.Alltop

    Africa Music Law™

  • Industry News: Keri Hilson, Bow Wow to Perform in Ghana + What Real Inroads, Beyond Trying to Get Visibility in the West, are Nigeria and Ghana’s Music Markets Making?

    AfricaMusicLaw™
    14 May 2012 | 11:40 pm
    American artists, labels and promoters doing business with Africa, by now AML industry, should be no surprise to you all. I have discussed this phenomenon and my expectations that the trend will continue to rise right here on AML. There is money to be made in Africa and America’s music industry has suffered a real blow, largely due to a digital revolution. Accordingly, I expect to see a continued increase with American music stars, particularly Black American music stars, exploring and exploiting their earning potential in Africa.  Indeed that is exactly what Bow Wow and Keri Hilson…

  • KNOW YOUR RIGHTS! Download the Nigerian Constitution App on Your Mobile Phone NOW!

    AfricaMusicLaw™
    14 May 2012 | 10:16 pm
    I LOVE this initiative!!! Read on AML folks from Nigeria and all interested parties. “The Nigerian constitution for all project is an initiative to help tackle the knowledge gap prevalent amongst citizens by making the constitution easily accessible to Nigerians via their mobile devices (including feature phones). An earlier version of the constitution app was successfully released in early 2011, which has received over 80,000 downloads to date. Where to Download. Blackberry App World Download the Nigerian Constitution App on your blackberry phone. Please note that this works only from…

  • Celebrities Behaving Badly: Ghana’s DKB & Zambia’s Mampi Embarrass the Entire Continent of Africa on Big Brother Africa Stargame Show

    AfricaMusicLaw™
    14 May 2012 | 9:52 pm
    I remember many years ago when Big Brother aired in the USA. I watched a few episodes and decided it was the worst reality television programming I had ever seen. I think the networks agreed because it was a BIG FLOP and died the early death it should have died. Since then, there have been tons of really bad reality shows and WORSE, the West has been able to export some of these bad shows to Africa. One such pure rubbish exportation is the Big Brother Africa show. What exactly is the point of this reality TV show? Please AML people, do let me know. I am open to actually shifting my view if I…

  • Interview: Nigeria’s Wale Ewedemi Speaks With AML’s Uduak Oduok on Africa’s Music Industry Issues

    AfricaMusicLaw™
    14 May 2012 | 10:01 am
    I conducted this interview a few years back with Wale Ewedemi who is now founder and Director of Creative Entrepreneurs Association of Nigeria. The article has since been republished on many platforms and has also been licensed and reproduced in a South African book on Africa’s music industry; and distributed by one of the larger publishers in South Africa. I find the interview relevant after all these years and a way to kick off this week. A few things to note: 1) There are a few and key changes. I believe NMIA is no longer active. COSON instead seems to be more active and is pushing…

  • Industry News: Ghana’s Edem, First African Artist Signed to Absolut Vodka as Brand Ambassador

    AfricaMusicLaw™
    13 May 2012 | 11:09 am
    Late last month, I made my predictions about who I thought would be nominated for the 2012 BET Awards in the Best International Act Africa category. While Edem was my second choice from Ghana, his continued branding efforts and repositioning continues to show he is purposeful on expanding and pushing his style of music onto the global scene. I appreciate his hustle. Edem has just been announced as an Absolut Vodka Artist. Continued success to him. If you are interested in knowing about brand ambassador agreements, click here. Cheers, Uduak “Ghanaian rapper, Edem has been official…
 
  • add this feed to my.Alltop

    New Jersey Injury Attorney Blog

  • Study: Neglecting Turn Signals Causes Millions of Car Accidents Every Year

    15 May 2012 | 7:43 am
    According to a research study conducted by the Society of Automotive Engineers, drivers either neglect to use their turn signals when changing lanes or fail to turn off their signal 48 percent of the time. Drivers also fail to use their signal 25 percent of the time when making a turn. An MSNBC news report states that these failures to properly use a turn signal result in approximately 2 million roadway collisions each year. The President of RLP Engineering has stated that this kind of report is unprecedented. If these numbers are accurate, there are twice as many accidents each year…

  • Man Pushing Disabled Vehicle in Brick Killed in Car Collision

    14 May 2012 | 7:38 am
    A 40-year-old Brick man was killed in a New Jersey car accident when his 1988 Toyota 4Runner became stalled in traffic. According to The Star-Ledger, the fatal car crash occurred along eastbound Route 70 in Brick. Officials say his vehicle stalled in the middle lane and the man was attempting to push his disabled vehicle over to the shoulder when an Oldsmobile struck it. The victim survived that collision but was fatally injured when a 2009 Toyota Yaris struck his vehicle and pinned him between the Oldsmobile and the Toyota. No charges have been filed against the 23-year-old male driver of…

  • Man Killed in South Brunswick Car Crash

    11 May 2012 | 7:33 am
    A 53-year-old man from China was visiting his daughter at Rider University when he was killed in a New Jersey car accident. According to a news report in My Central Jersey, the fatal crash occurred at the intersection of Route 1 and Henderson Road in South Brunswick. Officials say the collision involved a 2010 Honda Odyssey minivan crashing into the rear of a 2002 Mack Truck. The 53-year-old man who was killed on impact was a passenger in the back seat of the minivan. It is not clear if the 56-year-old male driver of the minivan was injured, but the victim’s 52-year-old wife, 21-year-old…

  • The Cost of a Spinal Cord Injury in New Jersey

    10 May 2012 | 7:29 am
    Some of the most devastating New Jersey car accidents result in spinal cord injuries that can forever change the victim’s quality of life. Calculating the cost of a spinal cord injury is an important but difficult part of pursuing compensation following an injury accident. Spinal cord injuries are particularly hard to calculate because they often result in permanent losses. A skilled personal injury attorney will work with medical professionals to determine the severity of the injuries, the chances of a recovery, and the potential losses sustained by the victim. A personal injury claim is a…

  • Police Officer Killed in New Jersey Turnpike Motorcycle Accident

    9 May 2012 | 7:43 am
    A 44-year-old Sommerville police officer was killed in a New Jersey motorcycle accident when his Harley Davidson veered out of control. According to a news report in The Record, the fatal motorcycle crash occurred along the New Jersey Turnpike at the Hudson Bay Extension in Jersey City. Officials say it is not clear what caused the officer to lose control of the Harley. The Paramus man was pronounced dead at the scene of the crash and a female passenger was injured, but listed in stable condition. It does not appear that any other vehicles were involved, but an investigation is underway.
  • add this feed to my.Alltop

    Bay Area Bankruptcy Lawyer Blog

  • What Is the Difference Between Avoiding a Junior Mortgage Lien and Discharging a Mortgage Loan in California Bankruptcy?

    Jon G. Brooks
    13 May 2012 | 3:03 pm
    Depending on whether they are eligible for Chapter 7 bankruptcy or Chapter 13, homeowners who file bankruptcy in California with more than one loan secured by a deed of trust (which include home equity lines) may get very different types of debt relief when it comes to their second mortgage. Upon obtaining a bankruptcy discharge under either chapter, a California homeowner can rest assured that his recourse second mortgage loan will never be able to sue him. This is not the same thing as removing a second lien from the property, however. To understand this distinction requires some…

  • Keeping Student Loan Interest Rates Low Is Good, But What We Really Need Is to Reform the Law to Allow Discharge of Student Loans in Bankruptcy

    Jon G. Brooks
    2 May 2012 | 12:35 pm
    In my last post, I noted the fact that Americans are now saddled with over $1 Trillion in student loan debt, more than all of us combined owe to credit cards. And as I also wrote, Congress has made it next to impossible to discharge student loans in bankruptcy. To be discharged in bankruptcy, the debtor must prove that repaying student loans will impose an “undue hardship” (a legally opaque standard). This standard used to apply only to government backed student loans, but the 2005 BAPCPA changed this rule to likewise make private student loans nondischargeable except in the most extreme…

  • The Bankruptcy Code’s (and the Courts’) Treatment of Student Loans Is the Gift to Lenders That Keeps on Giving

    Jon G. Brooks
    29 Apr 2012 | 1:34 pm
    In 1976, Congress amended the Bankruptcy Code to make government backed student loans nondischargeable in bankruptcy unless the debtor could prove that being forced to repay her student loans would impose an “undue hardship.” This exceptional treatment of student loan debt ran counter to the general principle of bankruptcy law to favor a fresh start for the debtor and constituted special, preferential treatment for student loan lenders. In fact, this change was a solution in search of a problem, as the congressional record from the time shows that Congress was relying on just a few…

  • Can Income Tax Debts Be Discharged in a Chapter 7 Bankruptcy in California?

    Jon G. Brooks
    15 Apr 2012 | 11:33 pm
    Today is April 15, and while taxpayers get two additional days to file their income tax returns this year, today presents the perfect opportunity to discuss one of the most vexing issues in consumer bankruptcy—whether or not taxes can be discharged in bankruptcy. The short answer is that while most tax debts cannot be discharged in Chapter 7 bankruptcy, some tax debt is dischargeable, if it meets several criteria. Analyzing whether a particular individual’s tax debts can be discharged is complicated, but I’ll present the basic rules outlined in Bankruptcy Code sections 507(a)(8) and 523…

  • Why You Should Never Give Away Assets Before Filing Bankruptcy

    Jon G. Brooks
    7 Apr 2012 | 1:21 pm
    My firm offers hundreds of free bankruptcy consultations in San Jose every year, and in doing so, we’ve seen just about everything. When I review a potential bankruptcy case and the topic turns to what assets the debtor has, I’ve lost count how many times I’ve been asked, “can’t I just give this car to my son? He drives it anyway.” Here we could just as easily substitute “car” for money, time share, or parcel of land. Whatever the asset, my answer is always an emphatic “no.” You cannot give away or transfer an asset for less than it is worth prior to filing bankruptcy.
  • add this feed to my.Alltop

    Who Is Your Lawyer?

  • Borrowing Genius

    Robert Scott Lawrence
    18 Apr 2012 | 11:14 pm
    Generally, no one tries to plagiarize Shakespeare because – among other reasons – getting caught is a foregone conclusion. But occasionally an intemperate, hot-blooded youth will think a little borrowing and re-mixing is simply fair play, and appropriate passages wholesale from the canon that would make your hair stand on end.Some might say that there is neither rhyme nor reason to the rule of plagiarism when the great Bard himself (whether he be William Shakespeare, Edward de Vere, or some other creature) was among the most liberal of “borrowers” of his time, prone even in the late…

  • Shakespeare Veritas

    Robert Scott Lawrence
    18 Apr 2012 | 7:00 pm
    O gracious lady,Since I received command to do this business I have not slept one wink. If you asked it of me, I could a tale unfold, whose lightest word would harrow up thy soul, freeze thy blood, make thy two eyes, like stars, start from their spheres, thy knotted and combined locks to part and each particular hair to stand on end, like quills upon the fretful porcupine.At thy instance I ran from pillar to post, crossed channel and ocean wide, and was none the wiser for my travails. Was there ever any man thus beaten out of season, when in the why and the wherefore is neither rhyme nor…

  • Copyright Fallacies

    Robert Scott Lawrence
    29 Mar 2012 | 7:40 pm
    On a sunny Thursday afternoon my cohorts prodded me out of a haze of procrastination and narcissistic fantasies about life on my own Gilligan’s Island and induced me to lay some copyright fallacies to rest. Though this information is available elsewhere in generic capsules and is no doubt pedestrian for the seasoned practitioner, I offer it in the hope it provides some guidance for initiates into the lore of copyright.(1)  No copyright notice ≠ no copyrightDon’t be in a rush to copy text or photographs that don’t bear the magic symbol next to them, for the magic is no more.

  • The Hobbit Is Coming, The Hobbit Is Coming!

    Robert Scott Lawrence
    22 Mar 2012 | 8:01 pm
    The long awaited prequel to The Lord of the Rings is about to appear at a luxury movie theater near you, where you can lounge on heated leather seats and eats tiny morsels of crab for second breakfast as long as you are careful not to spill any on your complimentary chinchilla wrap. The Hobbit, of course, is only a prequel in the loosest sense of the word, as it is really a stand-alone novel that Tolkien wrote as a bedtime serial for his children. Although it pre-dates (in Middle Earth time) LOTR by some eighty years and is essential reading if you want a full understanding of what is…

  • Copyrighted

    Robert Scott Lawrence
    13 Dec 2011 | 1:25 pm
    The other day I was talking to a non-lawyer friend of mine – a smart, successful guy – and he started telling me about this new website he had set up and how he was thinking of patenting the site. As an IP lawyer, I tend to cringe when I hear laypeople bandy about terms of art in ways that don’t make any sense, so of course I asked him what he meant, and whether his website performed any kind of magic hocus-pocus that could even hypothetically allow it to fall within the realm of patentable subject matter.It did not.It was merely your standard, cookie-cutter, off-the-shelf WordPress…
 
  • add this feed to my.Alltop

    RFPattorney Blog

  • Tip: Use Past RFPs to Improve Future Responses

    RFPattorney
    14 May 2012 | 12:52 pm
    Here at the RFPattorney legal network, we are firm believers that the RFP process is a powerful tool for the selection of legal counsel.  However, the traditional RFP system is inefficient, time-consuming and labor-intensive.  Our cloud request for proposal platform was launched to fix these problems and make the tool accessible to any individual, business, or legal department.   A few of the improvements baked into our platform: Cloud management of the entire RFP process - from creating the request for proposal through the award decision – completely paperless The questions you…

  • Case Studies – A powerful tool, when used correctly

    RFPattorney
    8 May 2012 | 10:19 am
    There are many types of legal content that a lawyer can showcase online. (check out this handy list of 19 types of content)  Exactly which types of content to focus on can depend on a number of factors, such as target audience, online platforms used, general v. niche practice, etc.  However, case studies are a very effective tool that every lawyer should include in his or her online presence.  Why?   Think about it – many clients are searching for a lawyer based on a very specific legal issue – perhaps they were just sued or have been approached about an acquisition.  They…

  • Integrated, Open Cloud Platforms – The Future of Legal Tech

    RFPattorney
    14 Apr 2012 | 8:25 pm
    800+ members, 200+ countries, pending IPO, billion dollar acquisitions.  Facebook is powerful huge - actually I don’t think one word can do justice in describing Facebook.  Love it or hate it, Facebook isn’t going anywhere.  So, how did it grow so big?  Well, you are likely familiar with the well-known reasons – great leadership, exclusivity, engaging and addictive platform… etc. (fans of the social network may remember – “my colleagues and I are doing things that no one in this room, including and especially your clients, are intellectually or…

  • Tip: Add a link to your law firm website

    RFPattorney
    12 Apr 2012 | 1:17 pm
    If you are like most lawyers out there, you already have a website for your law firm.  And you probably paid good money for it.  Now, there has been some debate recently regarding whether lawyers should focus their online business development efforts on their website, or their social networks, or a blog, or ….  (See here, here and here - interesting debate if you have the time)  However, regardless of how your feel about this issue, the reality is that you have an existing website and it likely contains useful information about your firm, its attorneys, and legal services provided.

  • Evaluating Cloud Law Practice Management Software – 5 Questions

    RFPattorney
    30 Mar 2012 | 12:28 pm
    The ABA Tech Show 2012 is currently taking place in Chicago.  If you are attending or just following the action on Twitter, you know it is a very exciting time for legal technology.  For an industry historically tech-adverse, it now seems like myriad new and cutting edge technologies are emerging that offer significant value to lawyers, especially solo and small firm lawyers. One of the hottest areas is cloud based practice management platforms.  If you are not familiar, this software allows you to manage most aspects of your law practice (time, billing, documents, tasks, etc.) from…
  • add this feed to my.Alltop

    Disability Attorney Law Firm - Whatever It Takes To Secure Benefits.

  • Misrepresentation By Claimant Results in Unum Disability Claim Denial

    Gregory Dell
    14 May 2012 | 12:45 pm
    Unum disability claimants need to be aware that when filling out an application for disability insurance benefits it is necessary to disclose your medical history accurately and to make sure your insurance agent is doing the same. Should the insurance company discover a material misrepresentation, the policy could be rescinded, and the claimant could be required to pay back any and all benefits previously paid and then be subject to a fraud investigation. The disability carrier must be able to prove that a misrepresentation was fraudulent. Let’s take a look at recent court decision from…

  • Aetna Is Sued For Failure To Pay ERISA Benefits To Boeing Employee For Injuries Sustained In A Shooting

    Gregory Dell
    14 May 2012 | 7:30 am
    A Washington disability lawyer filed a federal lawsuit in the District Court for the Western District of Washington, at Seattle, against Aetna Life Insurance Company (Aetna) and The Boeing Company Long Term Disability Plan (Boeing). The Plaintiff, Patrick D., worked as a real-time software engineer for Boeing, which contracted with Aetna to provide long-term disability coverage to its employees. The Plaintiff’s employment with Boeing afforded him the protections under this Plan. In Patrick D. v. Aetna Life Insurance Company and The Boeing Company Long Term Disability Plan, Plaintiff has…

  • Pennsylvania Pharmacy Owner Learns The Hard Way That Accuracy Is Everything When Applying for Disability Insurance Benefits

    Gregory Dell
    11 May 2012 | 5:54 am
    On January 28, 2011, the United Sated District Court of the Eastern District of Pennsylvania granted Berkshire Life Insurance Company of America’s Motion for Summary Judgment in Michael S. v. Berkshire Life Insurance Company of America, et. al. In addition, the plaintiff’s disability policy and FIO policy were rescinded negating Michael S.’s claims of “(1) violation of the Covenant of Good faith and fair Dealing (bad faith); (2) violation of the Unfair Trade Practices and Consumer Protection Law; and (3) breach of contract.” Further, the Court ordered Berkshire…

  • Can My Disability Insurance Benefits Be Denied If I Am Approved For Social Security Disability Benefits?

    Gregory Dell
    9 May 2012 | 2:00 pm
    Disability Insurance Attorneys Gregory Dell and Cesar Gavidia discuss the misconception that a claimant will be approved for long term disability insurance benefits if social security disability benefits are approved. In most cases this is a true statement, but we have been seeing a lot of people approved for SSDI benefits and then denied Long Term Disability benefits. This trend is frustrating and inconsistent as it is the disability insurance companies that often make a claimant apply for SSDI benefits. Approximatley 72% of the people receiving LTD benefits are also approved for social…

  • New York Federal Court Denies MetLife’s Motion To Dismiss Lyme Disease Victim’s Petition For Disability Benefits

    Gregory Dell
    8 May 2012 | 6:46 am
    In the case of Karen N. v. Metropolitan Life Insurance Company et. al, the United States District Court of New York, after hearing arguments from both sides regarding MetLife’s Motion to Dismiss the case, denied the motion in its entirety and directs the parties to appear for a status conference to determine how and when the case will proceed. And, while the Court did deny the insurer’s motion, that doesn’t mean that Karen N. will receive a favorable outcome in her lawsuit to receive her disability benefits. It does mean that the Court believes that the case deserves to be…
  • add this feed to my.Alltop

    Legal Advice & Legal Aid

  • New North Carolina Adoption Laws

    Power of Attorney
    15 May 2012 | 8:50 am
    Over the past decade, North Carolina adoption laws have changed drastically, in order to give more rights to all parties involved – the birth mother, the adoptive family, and the adopted child. The biggest change is that North Carolina adoption law now allows contact between the birth mother and her adopted child after the adoption has been finalized by the courts. Photo from North Carolina Adoption Laws post Over the past 10 years, North Carolina adoption law have changed drastically… When entering an adoption agreement, there is a section recognized by the adoption laws in North…

  • New Kentucky Adoption Laws

    Power of Attorney
    15 May 2012 | 8:29 am
    According to Kentucky adoption laws, any person over the age of 18, who is a resident of the state, may adopt a child. For birth mothers, adoption laws in Kentucky allow for direct placement with an adoptive family, or for birth mothers to work with state agencies or placement facilitators who are registered with the state of Kentucky in order to find an adoptive family. Before any adoption is finalized by the court under Kentucky adoption law, there is a home study period. This means that the adoptive parents and child are visited, interviewed, and observed by state workers to see if the…

  • New Jersey Adoption Laws

    Power of Attorney
    14 May 2012 | 4:28 am
    Adoption laws in New Jersey allow for any person – married or single – over the age of 18 to adopt a child. New Jersey adoption law also provides counseling, medical, mental health, financial, and legal assistance to both birth mothers and adoptive families alike. Adoptive families are able to, under New Jersey adoption laws, works directly with the birth mother, a placement agency, or a foster care facility when adopting a child. It is also completely legal under New Jersey adoption law for adoptive parents to advertise that they are seeking birth mothers willing to place their children.

  • New New York Adoption Laws

    Power of Attorney
    13 May 2012 | 3:19 am
    New York adoption laws are some of the most progressive in the United States, allowing for married couples, single people, single parents, and gay & lesbian couples to adopt children. New York adoption law also allows for open adoption agreements, meaning that the birth mother may remain in contact with her child after the adoption is finalized. Adoption laws in New York also provide assistance to all parties involved – the birth mother, the child, and the adoptive household – in terms of financial aid, medical care, counseling, and legal assistance. Photo from New York Adoption Laws…

  • New Maryland Adoption Laws

    Power of Attorney
    12 May 2012 | 1:57 am
    Maryland adoption laws are considered by some to be some of the the most open in the United States. Adoption laws in Maryland state that a birth mother can place her child directly with a relative, with the state, with an adoptive family, or work with a child placement agency that works independently of any state departments. No matter which option is chosen, however, all adoptions are finalized through the circuit courts, according to Maryland adoption law. Under Maryland adoption law, legal and medical expenses for all parties involved: the birth mother, the adoptive family, and the child.
 
  • add this feed to my.Alltop

    Alabama Workers Comp Blawg

  • Court of Appeals Addresses Injuries Affecting More than One Scheduled Member and Double Compensation for Injuries to Minors

    7 May 2012 | 8:53 am
    On May 4, 2012, the Alabama Court of Civil Appeals released its decision in the case of Denmark v. Industrial Manufacturing Specialists, Inc. In that case, the Court addressed whether a 16 year old boy who suffered an ankle injury was entitled to double compensation, and whether he was entitled to be compensated according to the schedule for his leg or only for his foot. Lucas Denmark worked part time for IMS, cutting metal-bar stock using a band saw. In March 2006, he and another employee were loading bar stock onto a table, when some of it fell on his left ankle. Denmark had surgery and a…

  • Use of Common Law Defense of Misrepresentation in Workers’ Compensation

    2 May 2012 | 10:58 am
    As previously reported on August 5, 2011, the Alabama Court of Civil Appeals held in the case of Cascaden v. Winn-Dixie Montgomery, LLC that an employer need not rely upon an employee’s misrepresentation of his physical or mental condition in order to prevail on the misrepresentation defense contained in § 25-5-51 of The Alabama Workers’ Compensation Act. In Cascaden, the Court recognized that Alabama law actually provides for two separate defenses that involve an employee’s misrepresentation of his or her physical or mental condition: (1) a judicially created defense…

  • Court of Appeals Upholds Two-Part Test for Causation but Affirms Judgment for Employee

    25 Apr 2012 | 9:44 am
    On April 20, 2012, the Alabama Court of Civil Appeals released its decision in the case of Ex parte Advantage Resourcing, Inc., in which it addressed both legal and medical causation. Hennon Hollinghead was allegedly injured on January 21, 2010, when he fell on a walkway between the parking lot and the shop where he regularly performed his work duties. The undisputed evidence presented at trial indicated that Hollinghead had begun walking from his car into the shop, turned around to get his two-way radio which he had left in his car, and then returned down the walkway back toward the shop…

  • The Court of Civil Appeals Addresses Statute of Limitations, Notice and Standard of Proof Dealing With a Foot Injury, Successive Back Injury and Traumatic Back Injury

    25 Apr 2012 | 8:26 am
    On April 20, 2012, the Alabama Court of Civil Appeals released its decision in the case of Mobile Airport Authority v. Robert Etheredge affirming the trial court’s permanent and total disability award. The employee had suffered a scheduled injury to his foot on March 31, 2008. The foot injury resulted in a dual electrode intraspinal neurostimulator being implanted. The employee was then returned to work in January of 2007. The employer did not dispute the compensability of the foot injury. It was further alleged that after returning to work in January of 2007, an altered gait as a…

  • Alabama Court of Civil Appeals Addresses Medical Causation

    19 Apr 2012 | 7:42 am
    On April 13, 2012, the Alabama Court of Civil Appeals released its opinion in Maxim Healthcare Services, Inc. v. Freeman, in which the Court addressed an employee’s burden of proof as to medical causation of an alleged injury. Freeman worked as a LPN for Maxim Healthcare Services, Inc., a nursing referral agency. In December 2008, she was allegedly lifting a patient from a toilet to place her in a wheelchair when the wheelchair moved, causing Freeman to over-extend herself. As a result, Freeman complained of a burning sensation in her lower back that extended into her hips and legs.
  • add this feed to my.Alltop

    Wexler Wallace Law Firm Blog

  • The Wall Street Journal: Big Companies Are the Victim Because Consumers Want to Enforce their Rights.

    Amy Keller, Associate
    9 May 2012 | 12:31 pm
    The Wall Street Journal’s May 4 Opinion page brought me some pause.  Not for its crafty wordplay (indeed, the “plaintiffs lobby” was a pretty clever way to portray plaintiffs’ attorneys some kind of back-room, self-interested, policy-buying dealmakers, and somehow the

  • CFPB Takes on Mandatory Arbitration Clauses

    Amy Sayre, Paralegal
    30 Apr 2012 | 8:49 am
    The Consumer Financial Protection Bureau (CFPB) opened its doors less than a year ago. Even though the federal agency was created in July, it announced last week that it would be taking on a major issue: mandatory arbitration clauses and

  • A Call to Restore the Rights of Generic Drug Consumers

    Bethany Turke, Associate
    17 Apr 2012 | 11:43 am
    Warning labels on generic drugs have garnered a lot of attention recently, and for good reason.  In PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011), the Supreme Court held that federal drug regulations applicable to generic drug manufacturers, which

  • Criminalizing Whistleblowing: Big Ag Wins at Consumers’ Expense

    Amber Nesbitt, Associate
    13 Apr 2012 | 12:49 pm
    On March 2, 2012, Iowa’s Governor Branstad signed House File 589 into law, creating a new crime of “agricultural production facility fraud.”  Utah passed a similar “agricultural operations interference” law on March 20, 2012.  While their names make it sound

  • Timely News Reminders on the Importance of Private Antitrust Enforcement

    Justin Boley, Associate
    4 Apr 2012 | 9:57 am
    On April 2, I read two news stories that highlighted to me the importance of the trial bar’s continuing dedication to private antitrust enforcement.  The fact that these two public announcements were made on the same day simply emphasizes the
  • add this feed to my.Alltop

    Philadelphia Injury Lawyer

  • Recall of Dangerous Inflatable Water Slide

    Christopher Hinderliter, Esq.
    11 May 2012 | 2:30 pm
    The United States Consumer Product Safety Commission recalled an imminently dangerous product this week that has killed one person and caused serious neck fractures to several other people.  Consumers should immediately stop using the “Banzai Splash” inflatable water slide and return it to the place of purchase. About 21,000 of the inflatable pool slides have ...

  • Philadelphia Bricklayer Electrocuted in Fatal Workplace Accident

    Annie Reynolds, Esq.
    11 May 2012 | 2:10 pm
    A  Philadelphia bricklayer was killed earlier this month as a result of a workplace accident.  The worker was reportedly attempting to hoist a bucket with a large hook up onto the scaffolding on which he was standing.  The man came into contact with the line and was electrocuted, then fell to the ground.  The worker ...

  • Recall Alert: Whoozit Starry Time Baby Rattle

    Sean Quinn, Esq.
    6 May 2012 | 2:15 pm
    On April 26, 2012, the United States Consumer Product Safety Commission, in cooperation with the Manhattan Group, LLC of Minneapolis, Minnesota, announced a voluntary recall of its Whoozit Starry Time Rattle designed for infants.  The plastic rattles feature three colored stars stacked front to back between two clear spheres on a flexible stem as shown ...

  • Recall of Children’s Cups Sold at Target Stores

    Christopher Hinderliter, Esq.
    6 May 2012 | 1:38 pm
    The United States Consumer Product Safety Commission today announced a recall of children’s sippy cups that were sold at Target Stores nationwide and are in the shape of a bunny.  About 264,000 Target Home Bunny Sippy Cups were sold throughout the country from February 2012 through April 5, 2012.  The cups were imported by Target ...

  • Inadequate Guardrails Cause Lethal Car Crash

    Annie Reynolds, Esq.
    4 May 2012 | 3:35 pm
    Seven people were killed last week in New York City when an SUV lost control on the highway and plunged more than 50 feet to the grounds of the Bronx Zoo.  According to police, a Honda Pilot, driven by Maria Gonzalez, bumped a median, crossed all southbound lanes, hit a 2 foot high concrete curb ...
 
  • add this feed to my.Alltop

    LegalMarketingMaven.com

  • 3 Ways to Get More Love From Referral Partners

    lauralee
    29 Apr 2012 | 8:05 pm
    If your referrals from local professionals are running dry, it might be time implement new strategies to nurture those professional relationships and keep business flowing again. Rather than just asking for their recommendation, here are three creative ways to add value to your referral partner’s business and make it irresistible to work with you: Ask to promote their services, no strings attached- Let your referrals sources know that you have a blog or newsletter reaching thousands of families in the local area and that you’d love to tell your clients more about them. Offer to…

  • Are You Gathering The Right Data?

    lauralee
    18 Apr 2012 | 12:23 pm
    If your serious about having a greater impact with your legal marketing, it’s time to start gathering the right data so you know what’s working and whether you’re on the right track. To do this effectively, your receptionist should be asking every person who calls the office how they heard about you. Keep a record, either a spreadsheet or in a database, and document if they are coming from the internet, an advertisement, a particular referral source, the yellow pages, etc. Many of us know this is important, but it’s a marketing task that easily falls by the wayside…

  • Facebook Timeline for Lawyers – Syncing Your Blog

    lauralee
    11 Apr 2012 | 1:47 pm
    We’re going through the analytics on our client’s Facebook pages today and we’re really excited about the impact changing over to timelines has had. Everyone’s reach is up exponentially, just by making great use of the new features on the page. With that said, it’s important to be getting your content out there on social media. Amber recorded quick video to show how to easily sync your existing blog with your facebook page. I highly recommend you or someone on your team take 10 minutes to watch this and set it up on your page! You can view the video here:…

  • What Attorneys Need To Know About Facebook’s Timeline For Pages

    lauralee
    29 Mar 2012 | 12:44 pm
    If you have a Facebook Fan Page, tomorrow it will convert over to the new Timeline for Pages. This is something that will require your attention (or the attention of someone on your marketing team!) to ensure it’s set up right and best representing your firm. To make things as easy as possible for you, we’ve put together a comprehensive article highlighting the new features below. We’re really exited about the changes, as we’ve personally seen a huge increase in reach and engagement just by transitioning over to the new timeline. Of course it may not seem like a huge…

  • Spread Awareness in Your Community with Your Legal Marketing

    lauralee
    14 Mar 2012 | 10:23 pm
    I hope you have had an excellent week and you are looking forward to the weekend. We have had some very nice spring weather here in Florida and last weekend I had some time to unplug and relax. As I reflected, I thought about how much things have changed for me personally over the past few years. Many of you know my story but I’m sure others do not and wonder why the heck does this woman do legal marketing for estate planning attorneys? What does she know? Well first and foremost, I have worked with estate planning attorneys and tax attorneys for well over 20+ years, as a senior…
  • add this feed to my.Alltop

    Victor Alexander - Atlanta Workers Compensation and Atlanta Personal Injury Attorney

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

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

  • Employee Must Have Notice Of Issue And Opportunity To Be Heard Or Give Implied Consent Before ALJ Can Rule

    Victor Alexander
    10 May 2012 | 10:23 am
    Employee in Harris v. Eastman Youth Development Center ( A12A0580, April 16, 2012) injured her knee and developed low back pain which both ATP and ALJ found was due to the knee injury. Still, the ALJ denied the employee’s request for surgery recommended by ATP and suggested a weight loss program. Employer paid for surgery, but the employee continued to have back pain.  The ALJ denied two requests for catastrophic designation, and denied continued payment of the weight-loss program. The ALJ also found that any degeneration of the employee’s back had resolved as a result of the knee…

  • Exercise of Discretion by Board In Favor of Employee is Supported By Court of Appeals

    Victor Alexander
    16 Apr 2012 | 10:06 am
    The Court of Appeals had no patience for the procedural missteps of the employer in Ready Mix USA, Inc v. Ross, A11A2173 (March 14, 2012). The injured employee served discovery and requested a hearing looking for authorization for an MRI, TTD benefits, attorney’s fees and litigation expenses. No discovery was provided and neither the employer nor the insurer appeared at the hearing. The ALJ granted all the relief requested, and the employer/insurer moved to vacate the hearing which was denied. The Appellate Division adopted the ALJ’s award and was affirmed by operation of law when the…

  • Truck Accidents, Federal Regulations, and the Driver’s Logbook

    Victor Alexander
    9 Mar 2012 | 1:01 pm
    After long hours of driving on cross-country roads, anyone’s alertness drops and reaction time slows down. When this lull of the highway meets the chronic fatigue of a semi truck driver and the 80,000 pounds of a semi truck, accidents become more frequent and more often deadly. Approximately 5000 trucks per year are involved in fatal traffic accidents in the United States. Most commercial vehicle (CMV) accidents happen in the middle of the day and are caused simply by lack of sleep. To keep drivers rested and prevent fatigue related accidents  the Federal Motor Carrier Safety…

  • Workers Compensation Deviation from Employment – Or Not

    Victor Alexander
    13 Feb 2012 | 8:16 am
    An employee did not deviate from her employment when she “responded instinctively and instantaneously to an unexpected and dangerous situation that arose directly out of her job duties.” Stokes v. Coweta County Board of Education, A11A2062, (Court of Appeals, January 11, 2012.) As head custodian at an elementary school, Claimant was required each day to unlock and open the gates to the school. On a very dark and rainy morning, she pulled her car close to the gate to shine the headlights on the lock. As she was unlocking the gate, her car began to roll downhill, away from the gate. She…
  • add this feed to my.Alltop

    Gustav Patrick | Employment Lawyer

  • What can an employee do if their wages are paid late?

    Gustav Patrick
    27 Apr 2012 | 7:51 am
    It is (generally) unlawful for an employer to make deductions from an employee’s wages unless it has been agreed (section 13 of the Employment Rights Act 1996 (ERA)). If you are due your wages on the 1st of the month and you are not paid until the 5th of the month (ignoring the potential pitfalls of bank holidays etc.) then your employer has made an unlawful deduction (in this case of 100%) from your wages on the 1st of the month. Your claim would ordinarily be to the employment tribunal for unlawful deduction from wages, however because your employer has paid the wages in full on the 5th…

  • Maternity (& Paternity) Pay / Sick Pay / Maternity Allowance Increase 2012

    Gustav Patrick
    3 Apr 2012 | 2:46 am
    As of 1st April 2012 statutory maternity pay, paternity pay and adoption pay will increase to £135.45 and the ‘weekly earnings threshold’ will rise to £107.00. As of 6th April 2012 statutory sick pay will increase to £85.85 and the ‘weekly earnings threshold’ will also increase to £107.00. As of 9th April 2012 maternity allowance will increase to £135.45. The changes are being brought in by The Social Security Benefits Up-rating Order 2012. These changes come in addition to the changes I have recently blogged about: Unfair Dismissal Qualifying Period to Increase to 2 Years Update…

  • National Minimum Wage Increase 2012

    Gustav Patrick
    27 Mar 2012 | 11:51 am
    On 1 October 2012 the National Minimum Wage will increase to the following: For workers aged 21 and over the rate will be £6.19 per hour. For workers aged between 18 and 20 the rate will be £4.98 per hour. For workers aged under 18 but above compulsory school age (who are not apprentices) the rate will be £3.68 per hour. For apprentices the rate will be £2.65. The Government has followed the Low Pay Commission’s recommendations in their March 2012 report (www.lowpay.gov.uk/lowpay/report/pdf/2012_Report.pdf) and in doing so resisted calls to freeze the minimum wage in order to encourage…

  • Update to the Employment Tribunal Rules & procedures effective from 6 April 2012

    Gustav Patrick
    5 Mar 2012 | 8:17 am
    The government has published The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2012 (SI 468/2012) (available here)  which makes various amendments to the Employment Tribunal Rules. The changes come into force on 6 April 2012 and apply to all cases brought to a tribunal on or after 6 April 2012. The reading of witness statements In most cases the tribunal will order the parties to file witness statements before a hearing. At the hearing is current practice that a witness must read his witness statement out loud to the tribunal. This practice has been…

  • Unfair Dismissal Qualifying Period to Increase to 2 Years

    Gustav Patrick
    15 Feb 2012 | 2:51 am
    The government has announced that as of 6 April 2012 the qualifying period for an employee to bring an unfair dismissal case will increase from one year to two years. The Order does not yet have parliamentary approval, but it is expected in the coming weeks. The Order also increases the period of continuous employment required to be entitled to a written statement of reasons for dismissal from one year to two years. What this change means… If your employment started before 6 April 2012 then this change in legislation will not affect you. If your employment starts on or after 6 April…
 
  • add this feed to my.Alltop

    Pam Woldow's At the Intersection

  • “Grubby Money” – Lawyers’ Reluctance to Talk About Fees

    Pam Woldow
    9 May 2012 | 11:47 am
    It’s no secret – and no surprise – that in today’s competitive and cost-constrained legal landscape the Almighty Dollar has taken center stage: clients are increasingly fixated on tightened budgets and efficient service delivery. It’s also clear that discussing the dollars is something a lot of lawyers prefer to avoid. We recently led a Legal Project Management (LPM) workshop that included both law firm partners and representatives of one of their biggest clients, a financial services giant. The format proved very successful in airing out a variety of issues and building some new…

  • Corporate Counsel: How to Stop Bluster, Boilerplate & BS in RFP Responses

    Pam Woldow
    19 Apr 2012 | 8:40 am
    We’re seeing huge increases in the number of RFPs corporate legal departments are issuing to try to get the best law firms, lawyers and service. But we’re not seeing huge increases in the quality or effectiveness of those RFPs. To flip the old phrase on its head, a lot of RFPs are garbage out, garbage in. If your RFPs are to distinguish the wheat from the chaff, you in-house folks have to do a lot better at framing questions that matter.  Many of your current efforts simply are not effective at eliciting the information necessary for astute decision making. As someone who is often…

  • Why Lawyers are Lousy Collaborators

    Pam Woldow
    16 Apr 2012 | 6:45 am
    Guest Post by Douglas Richardson Partner, Edge International In an evolving legal profession in which the players are ever more functionally interdependent, the ability to collaborate has become a core competency. In managing law firms and legal departments…managing legal projects…in client service and client relations…and in marketing and business development, the ability to play well with diverse colleagues and constituents has become  absolutely pivotal. The Hard Wire So, if the benefits of collaboration so evident, why are so many lawyers such poor — or at least reluctant…

  • A Case Study at the Cutting Edge: Legal Project Management in Australia

    Pam Woldow
    11 Apr 2012 | 10:00 pm
    The legal profession, sad to say, rewards its denizens with relatively few breakout moments, a dearth of challenges that allow its movers and shakers to break new ground. All the talk about law’s “New Normal” notwithstanding, the legal landscape is a pretty conventional place, populated by more “first followers” than “first movers.” That’s why it was both a privilege and a career highlight to work with King & Wood Mallesons to roll out Australia’s first comprehensive Legal Project Management (LPM) initiative. Even those familiar with international law firms may not…

  • A New Frame of Reference: Reflections on the Legal Industry from the Amazon River

    Pam Woldow
    1 Apr 2012 | 4:47 pm
    It’s strange to find myself ruminating on the changes in the legal profession as I travel on the Amazon River in Brazil, 20 miles upriver from the city of Manaus.  What could the global legal marketplace possibly have in common with one of the world’s largest and most complex watersheds? A couple of similarities swim into view: The collision of diverse “ecosystems” precludes a comfortable and unchanging status quo. The most successful species of flora, fauna are the ones that adapt fastest to the changing conditions. After a huge storm sweeps through and floods the place, things…
  • add this feed to my.Alltop

    Idaho Criminal Defense Blog

  • Deleting Emails Leads To Criminal Charges in BP Disaster

    Chuck Peterson
    27 Apr 2012 | 10:24 am
    A former engineer has been charged with destroying over 200 emails that were requested by prosecutors and investigators in the 2010 BP Gulf oil disaster. One of those emails reported that the spill was far worse than had been reported by BP. According to CNN, Kurt Mix faces charges that he intentionally destroyed evidence that had been requested by investigators. Notably, the emails included his assessment that there was too much oil flowing out of the damaged well for the "top kill" procedure to contain the spilling crude. His estimated flow of over 15,000 barrels per day (in the…

  • Supreme Court Tightens Rules on Plea Bargains

    Chuck Peterson
    26 Apr 2012 | 9:28 am
     As any experienced Idaho criminal defense lawyer will tell you, the vast majority of cases are resolved with a plea bargain long before they ever reach a courtroom. Plea bargains are important to prosecutors because they help efficiently clear dockets and allow them to prosecute more cases. They can also be beneficial to defendants by allowing them to serve a lesser sentence than what the state would ask for during trial. However, a plea bargain can only be effective if the defendant is aware of it in the first place. In a 5-4 decision, the Supreme Court ruled that defense lawyers must…

  • Supreme Court permits strip searches for even the most minor of crimes

    Chuck Peterson
    25 Apr 2012 | 11:08 am
    What if you find yourself arrested for a “minor” crime such as failing to pay child support or some variety of traffic violation? You might imagine being taken to jail but would you expect to be subjected to a strip search? Not being a drug user or a violent repeat criminal surely such activity by the police would amount to an unreasonable search and seizure under the 4th Amendment of the Constitution. Not according to a recent ruling by the U.S. Supreme Court. The High Court recently announced that corrections officers are now permitted to perform a strip search on any inmate, at…

  • Zach Neagle Stays In Custody - Three Things You Can Learn About Your Case From His

    Chuck Peterson
    10 Apr 2012 | 9:16 am
     The news today in the Statesman got it right - Zachary Neagle is still in custody - the judge having denied a request by the Idaho Department of Juvenile Corrections to permit him unsupervised home visits. The story implied that Zach had asked for the sessions, but he had not. We did not file the motion, it was filed by the Department. They filed the request because in the course of Zach's treatment, unsupervised home visits are the next logical step. The Judge's ruling was neither unexpected or unfair. The facts of the case are tough to explain and the defense that might explain the…

  • Let's Talk About Objections - Practical Tips

    Chuck Peterson
    9 Mar 2012 | 10:09 am
    I watched a young criminal defense lawyer struggle with objections the other day so I thought I would review the process we use to object. It always looks so cool on TV - the lawyer stands and announces "OBJECTION, YOUR HONOR, he can't testify to that!" You expect the Judge to immediately stop the trial, chastise the lawyer and affirm the objecting party. In real life trials it seldom looks so clean. We stumble and stutter and spew out "objection" just loud enough to be heard, but without the conviction that we know why we are objecting. Here are four basic rules I learned…
  • add this feed to my.Alltop

    Northern California Personal Injury Blog

  • California Workers’ Compensation Bureau Seeks Mid-Year Rate Increase

    California Personal Injury Attorney
    4 May 2012 | 9:58 am
    Citing a higher frequency of claims, a larger number of liens, and slow economic recovery, the California Workers’ Compensation Bureau recently requested that the state’s Insurance Commissioner allow the bureau to increase its rates at the end of June 2012. The requested rate increase would raise insurance rates to 4.1 percent. Since workers’ compensation premiums are paid directly by the employer, workers’ salaries should not be affected by the increase. However, the two main reasons the Workers’ Compensation Bureau cites for the increase request – a higher number of claims…

  • Regulators, Public Struggle with Distracted Driving Regulation

    California Personal Injury Attorney
    3 May 2012 | 1:54 pm
    Distracted driving is a recognized problem on U.S. roads. Ninety-four percent of drivers on the road consider texting while driving a “serious threat” and 87 percent support some kind of law that restricts or bans the practice, according to The Detroit Free Press. However, over one-third of those surveyed also admitted to texting while driving within the past 30 days, and over two-thirds admitted that they used their cell phones to talk while driving. Meanwhile, automakers, phone companies, and government officials disagree as to whether distracted driving merits the kind of attention…

  • April is Alcohol Awareness Month

    California Personal Injury Attorney
    26 Apr 2012 | 10:13 am
    April is Alcohol Awareness Month, and nationwide, health agencies, educators, and others are banding together to help people understand the dangers of alcohol abuse and addiction. One of the major dangers of this condition is the increased risk of driving drunk. Not only can drunk driving harm or kill the person who gets behind the wheel after having one too many, but it can also cause serious or fatal injuries for those unlucky enough to be involved in a crash with the inebriated driver. The National Health Information Center (NHIC) and the U.S. Centers for Disease Control and Prevention…

  • San Francisco Motorcycle Accident Takes Life of San Bruno Man

    California Personal Injury Attorney
    24 Apr 2012 | 11:06 am
    A motorcycle accident in San Francisco recently cost a San Bruno motorcyclist his life, according to The San Jose Mercury News. The motorcyclist was riding his Suzuki motorcycle along Highway 101 near the ramps to South Van Ness Avenue, according to investigators. As he approached the interchange with Interstate 80, he seemed to lose control of his motorcycle. The bike veered to the right and crashed into the catwalk. Rescue workers were unable to save the life of the motorcyclist, who was thrown from his bike during the crash. Investigators are still trying to determine what caused the…

  • San Francisco Bicycle Coalition Teaches Safe Cycling

    California Personal Injury Attorney
    18 Apr 2012 | 10:16 am
    In the wake of several car-bicycle crashes that left bicyclists permanently injured or took their lives last year, the San Francisco Bicycle Coalition has increased its commitment to teaching people how to ride on the roads safely – and how to share the roads safely with bicyclists when driving a car. After Portland and Seattle, San Francisco has the highest number of people who commute by bicycle of any city in the U.S., according to The Sacramento Bee. As of 2011, 75,000 trips in San Francisco each day were made by bicycle. All these bicyclists must face the particular challenges…
 
  • add this feed to my.Alltop

    ClassLawBlog.com

  • Free Foreclosure Review, Few Apply

    admin
    15 May 2012 | 10:39 am
    More than six months ago government regulators and banks first extended offers to 4.3 million homeowners facing foreclosure: to review, at no cost, the foreclosure process to check for any possible errors or misrepresentations. Homeowners can stand to collect compensation of as much as $100,000 through this process if errors are found. But thus far, [...]

  • State Bars Employers From Requiring Disclosure of Social Media Passwords and Other Personal Account Information

    admin
    15 May 2012 | 9:57 am
    On May 2, 2012, Maryland Governor O’Malley signed into law a bill that protects employees and applicants against mandatory disclosure of social media passwords and other personal account information.  This appears to be a first in the nation and will take effect October 1, 2012.  §3-712 of the Maryland Labor and Employment Code states that [...]

  • First Circuit Cracks Mensing

    admin
    7 May 2012 | 11:08 am
    This blog has previously discussed the oxymoronic impact of PLIVA Inc. v. Mensing on American consumers.  As harrowing accounts of injuries suffered due to generic drugs fail to survive the Supreme Court’s decision, as Congress is facing a bill to reverse the decision, the First Circuit has found a way to let some claims through.  [...]

  • Deceptive “Green” Product Claims

    admin
    7 May 2012 | 8:25 am
    As more consumers become environmentally-conscious, more companies are spending more money and time in advertising and marketing to claim that their personal beauty and cleaning products are “green” or environmentally-friendly.   Companies make claims that their products are “biodegradable,” “non-toxic” and “natural.”  Consumers are even willing to pay more for green products.  However, various companies deceptively [...]

  • Overdraft Fee Class Actions: Standing Up for Main Street

    admin
    1 May 2012 | 2:20 pm
    It seems like every day there is a new fee or charge associated with banking. Want to speak to a teller: Pay up. Want to have a checking account with the bank: Pay up. Between the new fees and the new ways of charging for old fees, it sometimes seems like it would be better [...]
  • add this feed to my.Alltop

    New Jersey Injury Attorney Blog

  • Study: Neglecting Turn Signals Causes Millions of Car Accidents Every Year

    15 May 2012 | 7:43 am
    According to a research study conducted by the Society of Automotive Engineers, drivers either neglect to use their turn signals when changing lanes or fail to turn off their signal 48 percent of the time. Drivers also fail to use their signal 25 percent of the time when making a turn. An MSNBC news report states that these failures to properly use a turn signal result in approximately 2 million roadway collisions each year. The President of RLP Engineering has stated that this kind of report is unprecedented. If these numbers are accurate, there are twice as many accidents each year…

  • Man Pushing Disabled Vehicle in Brick Killed in Car Collision

    14 May 2012 | 7:38 am
    A 40-year-old Brick man was killed in a New Jersey car accident when his 1988 Toyota 4Runner became stalled in traffic. According to The Star-Ledger, the fatal car crash occurred along eastbound Route 70 in Brick. Officials say his vehicle stalled in the middle lane and the man was attempting to push his disabled vehicle over to the shoulder when an Oldsmobile struck it. The victim survived that collision but was fatally injured when a 2009 Toyota Yaris struck his vehicle and pinned him between the Oldsmobile and the Toyota. No charges have been filed against the 23-year-old male driver of…

  • Man Killed in South Brunswick Car Crash

    11 May 2012 | 7:33 am
    A 53-year-old man from China was visiting his daughter at Rider University when he was killed in a New Jersey car accident. According to a news report in My Central Jersey, the fatal crash occurred at the intersection of Route 1 and Henderson Road in South Brunswick. Officials say the collision involved a 2010 Honda Odyssey minivan crashing into the rear of a 2002 Mack Truck. The 53-year-old man who was killed on impact was a passenger in the back seat of the minivan. It is not clear if the 56-year-old male driver of the minivan was injured, but the victim’s 52-year-old wife, 21-year-old…

  • The Cost of a Spinal Cord Injury in New Jersey

    10 May 2012 | 7:29 am
    Some of the most devastating New Jersey car accidents result in spinal cord injuries that can forever change the victim’s quality of life. Calculating the cost of a spinal cord injury is an important but difficult part of pursuing compensation following an injury accident. Spinal cord injuries are particularly hard to calculate because they often result in permanent losses. A skilled personal injury attorney will work with medical professionals to determine the severity of the injuries, the chances of a recovery, and the potential losses sustained by the victim. A personal injury claim is a…

  • Police Officer Killed in New Jersey Turnpike Motorcycle Accident

    9 May 2012 | 7:43 am
    A 44-year-old Sommerville police officer was killed in a New Jersey motorcycle accident when his Harley Davidson veered out of control. According to a news report in The Record, the fatal motorcycle crash occurred along the New Jersey Turnpike at the Hudson Bay Extension in Jersey City. Officials say it is not clear what caused the officer to lose control of the Harley. The Paramus man was pronounced dead at the scene of the crash and a female passenger was injured, but listed in stable condition. It does not appear that any other vehicles were involved, but an investigation is underway.
  • add this feed to my.Alltop

    The Law Offices of John David Hart » NEWS

  • First DePuy Hip Replacement Lawsuit Trial to Start in December

    johnhart
    15 May 2012 | 2:35 pm
    On April 24, 2012, Drugwatch published an article concerning the first trial date setting in the United States of a lawsuit regarding the recalled DePuy ASR metal-on-metal hip device. The trial has been set for December 3, 2012 in the Eighth Judicial District Court of the State of Nevada. The case is styled Rundle, et al. v. Precision Orthopaedics, Inc. and DePuy Orthopaedics, Inc., case number A-11-636272-C. Three patients are part of this case that will be going to trial. Patients involved in the first DePuy ASR trial are unique in that they are part of a group of only ten plaintiffs who…

  • DePuy Pinnacle MDL Litigation Update

    johnhart
    14 May 2012 | 4:40 pm
    A DePuy Pinnacle Multi-district litigation status conference was held on Wednesday, April 25, 2012 at the U.S. District courthouse in Dallas, Texas. The conference was held before the Honorable Ed Kinkeade, the judge overseeing the federal multidistrict litigation against DePuy Orthopaedics, Inc. and Johnson & Johnson, Inc. regarding the DePuy Pinnacle hip replacement devices. An overview of the current status of the litigation was presented at the conference. There are approximately 1,245 cases currently pending in the MDL. Numerous matters were discussed at the conference. Plaintiffs’…

  • DePuy ASR MDL Litigation Update

    johnhart
    11 May 2012 | 12:22 pm
    A DePuy ASR Multi-district litigation status conference was held on Tuesday, May 1, 2012 at the U.S. District courthouse in West Palm Beach, Florida. The conference was held before the Honorable David Katz, the judge overseeing the federal multidistrict litigation against DePuy Orthopaedics, Inc. and Johnson & Johnson regarding the recalled DePuy Orthopaedics ASR hip replacement devices. An overview of the current status of the litigation was presented at the conference.  There are approximately 4,200 cases pending in the MDL and approximately 2,100 cases pending in the consolidated…

  • Annual checks for patients with all-metal hips

    johnhart
    30 Apr 2012 | 9:16 am
    On February 28, 2012, BBC News published an article regarding the growing concern surrounding metal-on-metal hip implants, particularly those with large diameter heads (36 mm or higher). Evidence against all-metal hip implants indicates that these types of devices have a higher failure rate when compared to hip implants made from other materials, such as ceramic or plastic. The higher failure rate of metal-on-metal hip implants is often the result of the constant wear of these devices, which causes metal ion particles to enter the bloodstream, potentially causing tissue damage. In light of…

  • Britain Extends Monitoring for People with Metal Hips

    johnhart
    27 Apr 2012 | 4:42 pm
    On February 28, 2012, the New York Times published an article regarding the recent decision by British health regulators to advise patients with large metal-on-metal hip implants to undergo annual check-ups for the lifetime of the device. In the past, British health regulators had advised all-metal hip patients to see their doctors for five years past the implantation of the device. However, recent concerns with metallic debris issues presented by these devices encouraged the British regulatory agency to advocate for monitoring of metal-on-metal hip implants for the life of the product.
 
  • add this feed to my.Alltop

    how-to-become-a-lawyer.com

  • Tips For Surviving Law School

    Sammy
    14 May 2012 | 12:20 pm
    For many, law school is just a dream. But with the right tactical approach and proper guidance, one can turn it into a reality. Surviving law school can be tough, and to carry that act in the best way possible, … Continue reading →

  • Which Pre-Law Courses Prepare You Best For Law School?

    Sammy
    11 May 2012 | 2:12 pm
    To prep you up for law school, you should consider taking pre-law courses. But the question is, which pre-law course is the best option? These courses are ideal for high school graduates or those processing their high school graduation credentials. … Continue reading →

  • How to Become a Maritime Lawyer

    Sammy
    7 May 2012 | 10:06 pm
    Because the laws pertaining to the sea are much different than those that govern the land, a very particular type of lawyer is needed when problems arise on the water–a maritime lawyer. Also commonly referred to as an admiral lawyer, … Continue reading →

  • Are Tier 3 Law Schools Worth The Investment?

    Sammy
    2 May 2012 | 7:05 am
    Guest Poster Steve V. writes for WealthSharp.com, an investment and personal finance site dedicated to helping readers obtain true wealth. When you were a promising young high school or college student, you probably heard countless times that you should become … Continue reading →

  • How To Become A Bankruptcy Attorney

    Sammy
    9 Apr 2012 | 6:01 am
    Attorneys are one of the most sought after professional in the working society because of our increasing need for legal expertise and representation. There are lots of types of lawyers in the country to assist with all kinds of cases … Continue reading →
  • add this feed to my.Alltop

    PA Workers Compensation Lawyers

  • Construction Accident Injuries

    AdminDog
    7 May 2012 | 8:18 am
    Construction workers are at constant risk of on-the-job accidents, and they are also more likely to incur life-threatening injuries as a result. While most common Pennsylvania construction injury is a fall from a height, workers can experience a wide range of PA construction injuries, including: Loss of limbs as a result of conveyor belt accidents or machinery malfunction Severe burns from fires, explosions, faulty wiring or chemical spills Crushed fingers and toes caused by falling debris or malfunctioning doors Paralysis from elevator falls or heavy equipment accidents Occupational diseases…

  • Work-Related Back Injuries

    AdminDog
    19 Mar 2012 | 8:11 am
    After a you have suffered a serious back injury in Philadelphia, it is unlikely that your life will ever be the same. You may be forced to switch from a mobile position to a desk job, requiring retraining or additional education. Some employees can never return to work because they suffer from chronic pain or paralysis. And no matter how you have suffered, you can bet your employer will work to deny your workers compensation claim. Here are just a few work-related back injuries PA employees may experience Falls. A fall at work can easily result in a broken back, slipped disc, or even…

  • How to Tell When You’re Drowning in Workers’ Comp Paperwork

    AdminDog
    17 Feb 2012 | 2:07 pm
    We prize the independent spirit in America. Each of us wants to believe we can tackle any problem on our own. Some people have trouble asking for help even when it’s clear they need it. If you have been hurt at work, you’re definitely not performing at your peak. That means you are at a disadvantage when you try to file a workers’ compensation claim. And that’s even before we consider your adversary, the workers’ comp insurance company. Insurance companies try to increase their profits by cutting expenses — your benefits — whenever possible. As a matter of policy, the workers’…

  • Four Commitments We Make To Our Clients

    AdminDog
    20 Dec 2011 | 3:50 pm
    There are Four Commitments We Make To Our Worker Comp Clients: 1. Honesty and plain talk. If we don’t think we can provide significant value, we won’t take your worker comp case. We level with every person who is seeking representation. We’re not interested in signing up people whose case will not be an absolute front burner priority. 2. Fast Action. It is critically important that momentum is established right away. We will position your case immediately to the insurance company. By aggressively pursuing your case, we are going to be in the best position to obtain a full…

  • The Aftermath of the Philadelphia Kraft Tragedy

    Admin
    14 Sep 2010 | 12:58 am
    It has been less than a week since the deadly rampage at Kraft in Philadelphia.  It has been less than a week since an employee took a gun and killed 2 coworkers, injured 1 coworker and terrorized many more. Over the approximately 40 minutes that that tragedy took place, many lives were changed forever.  The relatives and friends of two women are left grieving, an employee is dealing with the physical trauma of a gunshot wound and many workers face potential psychological issues. As the survivors of this Philadelphia workplace tragedy begin to pick up the pieces of their lives, it is…
  • add this feed to my.Alltop

    Houston Personal Injury Law Blog from Simmons and Fletcher, personal injury trial lawyers

  • What is a Maritime Claim?

    paul
    13 May 2012 | 1:11 am
    The Merchant Seaman Protection and Relief Act of 1920 was a law designed to create a similar protection as worker’s compensation for people injured while working as a longshoreman, seaman or other marine worker.  The act allows injured workers to file claims for benefits to cover lost income and medical expenses that they suffer while working in the admiralty and maritime field. Depending upon the injured person’s status, he may have several avenues of recourse including a claim under the Longshore and Harbormen’s Act, the Jones Act or state common law personal injury laws.

  • Safety Alert: Several Hit-and-Run Bike Accidents In the First Quarter of 2012 Highlight the Need To Be Cautious

    paul
    5 May 2012 | 4:26 pm
    Bicyclists and motorcyclists have just as much right to use the road as vehicle drivers.  However, this does not mean they should simply assume all drivers will honor that rule.  Sadly, there are so many distractions in the vehicles these days such as cell phones, ipads, radios and plain old inattentiveness, that drivers sometimes just fail to notice the smaller objects such as motorcycles and bicycles, until it is too late.  Several recent cases highlight why Harris County motorist and cyclists alike need to be on the look out at all times. On February 14, 2012, a bicyclist was killed by…

  • Police Release Video of Gunman Shooting at H.I.S.D. School Bus on March 27, 2012.

    paul
    27 Apr 2012 | 7:21 am
    Police have released the video of the gunman who opened fire on an H.I.S.D. School bus on March 27, 2012.  This man is just sick.  If you have any information on these persons, please contact Crime toppers at 713-222-TIPS and get this bum off the streets. Fox News has the video here: Video: Gunman Opens Fire on School Bus: MyFoxHOUSTON.com

  • Michelin Recalling Thousands of Defective Bus Tires

    jlong
    26 Apr 2012 | 2:07 am
    Michelin is recalling thousands of bus tires after reported incidents of extremely rapid deflation spanning three different models of their bus tires.  The National Highway Traffic Safety Administration requested that Michelin make a voluntary recall after incidents were reported to them from some of Michelin’s fleet customers.  Apparently the defective tires lose air extremely fast, increasing the bus’s risk of collision, loss of control and rollover. The sidewalls seem to be the culprit in the defective tires, which according to Michelin make up .025% of the Michelin tire model…

  • Rollover 18-Wheeler Accident in Zavalla, Texas Kills Driver, Thursday April 19, 2012

    paul
    22 Apr 2012 | 3:11 am
    Thursday, April 19, 2012, shortly before 10:00 p.m. Stewart Hall of be Wheeler was killed when his truck ran off the road near the intersection of state Highway 63 and County Road 255.  The vehicle apparently rolled to its right side and came to rest with the driver’s side down.  Stewart Hall was pronounced dead  at the scene by Justice of the Peace Claude Marshall at 11:12 p.m. Texas Department of Public Safety troopers, Zavalla Volunteer Fire Department, Lufkin Fire Department, Angelina River Volunteer Fire Department, Zavalla Volunteer Fire Department, Zavalla Volunteer Fire…
 
  • add this feed to my.Alltop

    Loyalty Law

  • The Fishermans Apprentice, Whiplash Claims And Insurance Quotas

    Loyalty Law
    9 May 2012 | 5:29 pm
    Prime Minister: “Now listen here chaps, we really have to do something about this terribly out of hand Whiplash Claims business. There is clearly a compensation culture and we have to nip it in the bud.” Major: “I don’t like to challenge your process of thought Prime Minister, but if you remember you did ask me to write that report for you, and despite my best endeavours I actually couldn’t find any proof of their being a compensation culture. If you remember I had to say that despite no evidence to prove one, there was a perception of a ‘Compensation Culture’ and perception is…

  • Virgin Atlantic Plane Crash / Evacuation

    Loyalty Law
    18 Apr 2012 | 6:04 am
    I believe that plane safety is one of the things we can be most proud of in the UK. Thankfully there are very few incidences that cause injury to people, and long may that continue. So it was a surprise when Virgin Atlantice flight VS27 from Gatwick to Orlando was forced to return to Gatwick only 20 minutes after taking off due to a fire on the plane. Apparently the fire was not serious or life threatening but clearly the plane had to return. So why were so many people relatively seriously injured when the plane was evacuated at Gatwick? It sounds like a lot of the problem was panic, from the…

  • Whiplash Symptoms: Temporomandibular Joint Dysfunction

    Loyalty Law
    22 Mar 2012 | 5:00 am
    What Is Temporomandibular Joint Dysfunction? Temporomandibular Joint Dysfunction affects the joints in the jaw. The most prominent symptom is pain around the jaw joint. This can be localised pain at the joint but can also spread to the head, neck, temples, and towards the tragus of the ear. Typically, symptoms consist of pain, restricted jaw movement and a tense sensation in the joint and surrounding muscles. The joint may also click; this is a possible symptom of Temporomandibular Joint Dysfunction when combined with other symptoms, not alone. The disorder can be caused in a number of ways,…

  • Whiplash? Why Your Insurance Company Will Not Send You To The Best Whiplash Claim Law Firm For You.

    Loyalty Law
    21 Mar 2012 | 7:18 am
    Legal expenses insurance seems like a brilliant add-on to your current car insurance. I can’t afford a solicitor if I have the misfortune to need one can I? Right? WRONG. Every legal firm in the UK is able to process your claim on a no win-no fee basis. Their fees will be reclaimed from your winnings. A better legal firm means better winnings. Your insurance company will automatically send your claim to a large firm which they have a business deal with to put forward your injury claim, individuals at these firms deal with up to 300 claims a month as opposed to other firms which deal with…

  • Whiplash: Why Now Is the Time To Claim

    Loyalty Law
    19 Mar 2012 | 4:30 am
    Articles published in the Telegraph in January of this year cried out to us to “Kill the Compensation Culture” and that 6/10 doctors report a rise in fraudulent whiplash injury claims. But do not take heed, and definitely do not be deterred from making a claim if you are genuinely a victim of a whiplash injury. If you have suffered whiplash you well know how painful the repercussions are, stiff neck, severe back pain, reduced movement. Just because a select few are trying to con the system and get some money when they don’t deserve it; it does not entail that you should not utilise the…
  • add this feed to my.Alltop

    Palmer O'Dea Law Firm

  • May is Youth Traffic Safety Month

    Eric Palmer
    15 May 2012 | 1:33 pm
    According to the National Highway Traffic Safety Administration, the summer months between the Memorial Day and Labor Day holidays represent the deadliest time of year for teen drivers and their passengers.  Given the statistical increase in monthly deaths of teens, the National Organization for Youth Safety has organized its annual Global Youth Traffic Safety Month during the month of May. This program aims to empower youth to develop and lead traffic safety education projects and support law enforcement and effect legislation to protect teen drivers.  This program has also been featured…

  • Minneapolis Ranked Top Biking City by Bike Score

    Eric Palmer
    15 May 2012 | 8:39 am
    Minneapolis has received yet another accolade for ranking as one of the top biking cities in the nation.  Bike Score has crowned Minneapolis as the top city for biking nationwide.  Bike Score, a new service provided by the Walk Score website, is a numeric score between 0 and 100 that is based on bike infrastructure (bike lanes and bike trails), hills, destinations and road connectivity, and the number of bike commuters in the area. The top ten cities are as follows: Minneapolis (bike score:79) Portland (bike score:70) San Francisco (bike score:70) Boston (bike score:68) Madison (bike…

  • How Do My Medical Bills Get Paid After a Car Accident?

    Eric Palmer
    7 May 2012 | 11:12 am
    In Minnesota, individuals that are injured in a car accident typically have access to No-Fault Benefits through their own auto insurance company.  There are, however, a number of variables that can impact the appropriate source of No-Fault Benefits, so you should consult with a Minnesota personal injury attorney before applying for No-Fault Benefits. Under Minnesota law, individuals that qualify for No-Fault Benefits are entitled to $20,000 in medical benefits to cover reasonable and necessary bills for accident-related treatment.  The types of medical expenses that are covered by available…

  • What Type of Medical Expenses are Covered by No-Fault Benefits?

    Eric Palmer
    6 May 2012 | 5:49 pm
    Minnesota No-Fault Benefits generally allow for the injured individual to decide what type of treatment they would like to seek after an accident, so long as the treatment is reasonable, necessary and for the treatment of accident-related injuries.  Minn. Stat. 65B.44, subd. 2(a) enumerates coverage as follows: (1) medical, surgical, x-ray, optical, dental, chiropractic, and rehabilitative services, including prosthetic devices; (2) prescription drugs; (3) ambulance and all other transportation expenses incurred in traveling to receive other covered medical expense benefits; (4) sign…

  • Will My Insurance Premiums Increase After a No-Fault Benefits Claim?

    Eric Palmer
    3 May 2012 | 11:54 am
    A car insurance provider within the state of Minnesota cannot increase insurance premiums based upon the bringing of a No-Fault Benefits claim, unless the claimant/insured is deemed to be over 50% at-fault for a collision.  Minn. Stat. 72A.20 (2011), subdivision 23, states: No insurer that offers an automobile insurance policy in this state shall use an applicant’s prior claims for benefits paid under section 65B.44 as an underwriting standard or guideline if the applicant was 50 percent or less negligent in the accident or accidents causing the claims. In Minnesota, your first layer…
  • add this feed to my.Alltop

    Personal Injury Blog

  • Drivers Who Don’t Use Turn Signals Cause Accidents

    Robert Reeves
    15 May 2012 | 12:39 pm
    Drivers who fail to use their turn signals cause approximately 2 million accidents every year. More accidents every year are caused by drivers who fail to use turn signals, than by distracted drivers.  According to a new study, drivers who fail to use their turn signals, cause approximately 2 million accidents every year. Read entire article

  • Need for More Awareness about Dog Bite Prevention

    Robert Reeves
    11 May 2012 | 12:08 pm
    The month of May is being commemorated as National Dog Bite Prevention Month. The month of May is being commemorated as National Dog Bite Prevention Month. In San Diego, at least one hospital has taken upon itself the task of educating locals about preventing a bite. Read entire article

  • Binge Drinkers Likely to Recover Slower from Burn Injuries

    Robert Reeves
    10 May 2012 | 5:59 pm
    It is known that for people who drink excessively may have a much slower recovery from burn injuries compared to those who do not drink. People who drink excessively may have a much slower recovery from burn injuries compared to those who do not drink. Read entire article

  • Ten Intersection Laws Every Driver Should Know

    blogadmin
    10 May 2012 | 5:38 pm
    Here are ten intersection laws every driver should know. Since driver’s education class was several years ago, or for some drivers much longer, there is a great need to freshen up on driving laws. Read entire article

  • Lack of Guardrails Blamed for New York Accident

    Robert Reeves
    8 May 2012 | 1:12 pm
    Experts are blaming the lack of important transportation safety features including guardrails for a devastating accident last week in New York that killed 7 people. Experts are blaming the lack of important transportation safety features including guardrails for a devastating accident last week in New York that killed 7 people.  The accident occurred when an SUV plunged off a highway, and crashed into the grounds of the Bronx zoo. Read entire article
 
  • add this feed to my.Alltop

    Strictly Business

  • Missouri Commissioner of Securities Proposes New Private Fund Exemption Based on Model NASAA Rule

    Alexander J. Davie
    9 May 2012 | 7:09 pm
    On April 26, 2012, the Missouri Commissioner of Securities proposed revised regulations exempting certain private fund managers from investment adviser registration with the State of Missouri. Background Prior to the repeal of the federal 15-client exemption, Missouri had an exemption for fund managers who were exempt under the old federal 15-client exemption and who managed investments solely for private funds with at least $5 million under management.  After the repeal of the federal 15-client exemption, fund managers have relied on a No-Action Determination by the Missouri Commissioner…

  • Looking to Invest? How to Determine Whether an Investment Is Worth It

    Alexander J. Davie
    4 May 2012 | 9:30 am
    This article was originally posted on business.com on May 1, 2012. Investing in a new venture can be exciting. In addition to the potential to make a profit, many people invest in start-ups for the thrill of being involved with helping a fledgling company make its mark. The possibility of funding a breakthrough company is enough to get many investors enticed, committed, and involved. However, it’s also a fact of life that many, if not most, start-up companies fail. Alongside that, some investment opportunities are fraudulent, being promoted by people only looking to swindle you out of your…

  • Implications of the Recent Mayo Case on Patentable Subject Matter

    Shane Cortesi
    27 Apr 2012 | 8:50 pm
    Last December, I wrote a series of posts about what was – and remains – a hot topic in patent law:  patentable subject matter under 35 U.S.C. § 101.   The law on patentable subject matter often boils down to whether the invention is so abstract or such a product of nature that the invention is not patent eligible even if it meets the other statutory requirements of being new, not obvious and useful.  Since those posts, the Supreme Court has issued another decision further limiting patentable subject matter in Mayo Collaborative Servs. v. Prometheus Labs., Inc.  I believe that patent…

  • Massachusetts Securities Division Adopts Final Private Fund Adviser Exemption Based Upon NASAA Model Rule

    Alexander J. Davie
    19 Apr 2012 | 5:41 pm
    Previously, I reported that the Massachusetts Securities Division had proposed an exemption from investment adviser registration for advisers to private funds.  In late winter, the division adopted these regulations as final (with small changes).  They are, more or less, identical to the NASAA model rule and include the model rule’s grandfathering provisions. As part of the rule, advisers to 3(c)(1) private funds (that are not venture capital funds) must, among other requirements, accept only qualified clients (as defined in SEC regulations) as investors.  However, under the…

  • When does a deal involve securities regulation? Part 3: Partnerships and Limited Liability Companies

    Alexander J. Davie
    13 Apr 2012 | 6:25 pm
    This post is the third in a series exploring when securities laws impact business transactions. In my previous posts, I provided a general overview of the definition of a “security” under federal securities laws.  One of the categories of investments that constitutes a “security” under federal law is an “investment contract.”  The term is a rather open-ended one, but under the so-called Howey Test, the term includes any arrangement or transaction that is “an investment in a common venture premised on a reasonable expectation of profits to be derived from the entrepreneurial or…
  • add this feed to my.Alltop

    Arizona Criminal Law & Defense Blog

  • Country Thunder hits high note with Underage Drinking

    David
    25 Apr 2012 | 4:38 pm
    Each year thousands of country music fans flock to Florence, Arizona for the country music equivalent of Coachella: Country Thunder. While most people are there having a good time within the limits of the law the event is known for various acts of violence that come with gathering large groups of people together. This year the headline for illegal activities seems to have involved underage drinking with law enforcement officials reporting 189 arrests: State liquor agents say 189 people were arrested for underage drinking-related crimes at this month’s Country Thunder music festival in…

  • Did Ted Nugent threaten President Obama?

    David
    18 Apr 2012 | 7:47 pm
    Recently Ted Nugent made a number of baffling comments starting with what appears to be a threat to President Obama. David gives a brief rundown of what was said by the aging rocker and then his thoughts on thinking before speaking: What do you think?

  • Video: David Michael Cantor on Andrew Thomas Disbarment

    David
    18 Apr 2012 | 7:33 pm
    Today we have a video of David’s reaction to Andrew Thomas’ Disbarment last week: What do you think?

  • Andrew Thomas Disbarred!

    David
    10 Apr 2012 | 8:26 pm
    Photo Credit Ray Stern/Phoenix New Times This morning in a Phoenix Courtroom the decision that has been predicted for months on this blog finally became a reality: Andrew Peyton Thomas, former Maricopa County Attorney, was disbarred. Ending any doubts that Thomas misused the power of his office for launching attacks on his political opponents. At least for everyone except Thomas himself: “Today, corruption has won and justice has lost,” [Andrew Thomas] said, according to the Arizona Republic. “The political witch hunt that’s just ended makes things worse by sending a chilling message…

  • Maricopa Sheriff in the Hot Seat Again

    David
    9 Apr 2012 | 4:48 pm
    Sheriff JoeSheriff Joe Arpaio has refused to cooperate in settlement negotiations with the Civil Rights Division of the Department of Justice. He is under investigation by the DOJ to determine whether the Sheriff had violated Hispanics’ civil rights by racial profiling and denying them access to necessaries while incarcerated. The DOJ sent a letter to Arpaio stating “[w]e believe that you are wasting time and not negotiating in good faith.” The Sheriff is not a stranger to controversy during his time as lead of Maricopa County’s law enforcement. The highly criticized Sheriff recently…
  • add this feed to my.Alltop

    Oklahoma Personal Injury Blog

  • Two Children Injured in Oklahoma School Bus Accident

    Oklahoma Personal Injury Lawyer
    15 May 2012 | 2:59 pm
    Two children were hospitalized with injuries after a traffic accident involving a Tulsa Public Schools bus. According to a KTUL news report, the injury crash occurred in the southbound lanes of Highway 75 near the on-ramp to the Interstate 44. The bus carrying 16 children and four adults from Anderson Elementary School was on its way to the Jewish Holocaust Museum when their bus rear-ended a semi truck. Two children were transported to an area hospital and three others were treated at the scene. It is not clear if the bus driver will be cited for the collision. According to the National…

  • Nursing Homes in the U.S. Unprepared for Emergencies and Disasters

    Oklahoma Personal Injury Lawyer
    10 May 2012 | 9:28 am
    Nursing homes nationwide are “woefully unprepared” to protect frail residents in the event of natural disasters such as tornadoes, hurricanes, and floods, government officials say. According to a news report in The Huffington Post, Oklahoma is one of the top 10 disaster-prone states ranked by historical statistics. The government requires nursing homes to come up with emergency plans specifying details such as coordinating with local authorities, notifying relatives, or pinning nametags and medication lists to residents in the event of an evacuation. Even seven years after…

  • Man Killed in Adair County Motorcycle Accident

    Oklahoma Personal Injury Lawyer
    8 May 2012 | 2:20 pm
    A 24-year-old man was killed in a fatal Oklahoma motorcycle accident after his motorcycle struck a pickup truck. According to a news report in NewsOK.com, the fatal motorcycle accident occurred on U.S. 59 north of Stilwell in Adair County. The man was driving south on the highway when he struck a pickup truck driven by a 66-year-old woman and then hit a mailbox and a stop sign. The motorcyclist was taken to an area hospital with severe head and internal injuries, but later died from his injuries. The man was wearing a helmet. The two women in the pickup truck were uninjured. According to the…

  • Oklahoma Bill to Protect Elderly in Nursing Homes in Danger, May Not Make It

    Oklahoma Personal Injury Lawyer
    4 May 2012 | 8:39 am
    An Oklahoma bill that would protect nursing home patients by requiring a fingerprint background check program for long-term care facilities is in jeopardy of dying a quiet death on the Senate floor. According to a news report in Tulsa World, House Bill 2582 sets up a system that would fingerprint all new employees applying to certain jobs in nursing homes and other care facilities. The fingerprints would then be submitted to the FBI (Federal Bureau of Investigation) for a national criminal background check. If the employee had a prior disqualifying offense, such as abuse by caretaker, that…

  • Oklahoma City Oil Rig Worker Killed on the Job

    Oklahoma Personal Injury Lawyer
    2 May 2012 | 2:38 pm
    An Oklahoma City oil rig worker was killed after he was pinned under a piece of equipment. According to a KOCO news report, officers say a hydraulic line broke at an oil rig site in the 3400 block of Southeast 59th. Several workers were at the site,but only one worker was under the pipe when it collapsed. Officers say the force was so strong that the worker was pinned underneath it. He died at the scene despite other workers’ efforts to resuscitate him. The Department of Health and Safety will conduct an investigation in order to determine if proper procedures were followed. Injuries on…
 
  • add this feed to my.Alltop

    Paralegal

  • Paralegal Schools in Georgia (GA)

    admin
    22 Apr 2012 | 12:20 am
    Start your career as a paralegal in Georgia (CA),Choose the best paralegal school which can provide paralegal programs,you can choose the traditional classroom courses or online paralegal programs to obtain the paralegal degrees. As a paralegal,you must prepare cases for the court,research before cases and do decisions , draft outline contracts and assist attorneies with trials. In Georgia,the average annual paralegal salary is $48,910,and the paralegals are in high demand ,now employed about 7,600 and is growing year by year,you need to get the degree of associate’s and certificate Top…

  • Paralegal Salary and Overtime Pay

    admin
    21 Apr 2012 | 2:38 am
    Paralegal Salary ,Paralegal Pay Do you want to become a paralegal,Maybe you have decided to being a paralegal,that is a good choice.The paralegal salary is very attractive,the industry is growing,the demand of paralegals are high.The average annual paralegal salary is more than $48,000,many paralegals can earn more,the can earn $50,000 per year,the paralegal wages may be different,which depends on many factors. What makes the paralegal salaries be different?you many want to know the different salary, More on : Paralegal Salary by State . Maybe you want to go into the paralegal field and you…

  • Top Law Professor Blogs

    admin
    19 Apr 2012 | 10:45 pm
    Maybe ,you are a law teacher,you need to know many information about law and the paralegals.Legal assistants play an important role,the can help the lawers to do the works.students must know all the inforamtion to write to the case preparation.there are many awesome Law Professor Blogs which can offer the best advices to students to help them to be succeed.Find out the methods how to teach students from the law professors.Below we collect the Top Law Professor Blogs,hope can be useful for you . But we also need the Law Professor Blogers’ support,Please join us in "Top Law…

  • Paralegal Jobs Outlook

    admin
    19 Apr 2012 | 9:18 pm
    We all know, as long as humans are on earth law will never perish from any country. The existence of law directly means more and more lawyers and lawyers recruit paralegals, so students can approach this field without worrying about jobs in future. According to current statistics let’s have a look at paralegal jobs outlook. In year 2008 in USA 263000 paralegal jobs were recruited throughout the whole country. Almost 71% of those were employed in law firms and rest others were employed by corporate and other government agencies. There exist small in number paralegals also which are…

  • Paralegal Schools in Texas

    admin
    15 Apr 2012 | 12:33 am
    Texas is a great state of the US,You may decide to becoming a paralegal in Texas! First you must know the skills :prepare cases and research the past cases and decisions for court,also draft and outline contracts and you must assist the lawyers.you have to learn more skills and knowlege about law. In the Texas, There are a lot of employment opportunities for paralegals.As a Texas paralegal,the Average annual salary is 47,980 dollar,now have 17,610 job opportunities,Employment will be 28% growth,you’d better to get  the degrees of Associate’s and Certificate. In…
  • add this feed to my.Alltop

    Just Another Injury Lawyer in Houston Texas

  • Conroe Texas Wreck Leaves Three Dead Saturday May 12, 2012

    Paul
    12 May 2012 | 8:49 pm
    A wreck on a country road in Montgomery County claimed three lives and forever changed two more this morning.  David Mejia Bonilla, Jose Aurelio Cantareno Benitez and Alexander Moreno were all pronounced dead after a a fatal collision in Conroe around 7:00 a.m. Saturday, May 12, 2012. According to the Montgomery County Sheriff's Department, The Misael Esqibel was driving a 1995 Honda Civic eastbound on the Avenue M extension at FM 3083.  He pulled read more

  • Google’s Street View Meets With Lawsuits Alleging Privacy Violations

    Paul
    10 May 2012 | 1:47 pm
    When Google decided it was time the entire world was viewable at the click of a button, no doubt their legal department recognized there would be some privacy issues to thrash out. They were right.  But they had no idea how oddly right they were. In order to create the Street View for their Google Earth and Maps programs, they have cars with mounted cameras that drive around recording images.  (Pictured to the right.)   Anything they capture read more

  • 1999-2002 Ford Escape Recall Due to Potential Fire Hazard

    Paul
    6 May 2012 | 9:24 pm
    Approximately 245,000 Ford Escapes manufactured between October 22, 1999, and July 20, 2002, have been recalled according to the National Highway Traffic Safety Administration.  Apparently the vehicles are equipped with a brake master cylinder reservoir cap that can leak brake fluid allowing it to come into contact with the anti-locking brake system's module wiring harness connector.  When this happens, this vehicle defect can lead to corrosion, read more

  • Only in California: Man Sues BMW For Causing Boner!

    Paul
    3 May 2012 | 8:16 am
    On April 26, 2012, a lawsuit was filed in the Superior Court of San Francisco County (cause number: CGC-12-520316) against BMW and a custom seat manufacturer-Corbin-Pacific by a man claiming his hog gave him a hog with long-lasting effects. According to the Plaintiff, a four-hour ride on his 1993 Beemer on May 1, 2010, resulted in a more-than-four-hour-long boner. (No really, I only wish I could make this stuff up!) Here is an excerpt from the read more

  • Swimming Pool Safety Tips For Summer

    Paul
    1 May 2012 | 4:58 pm
    As a personal injury lawyer, one of the most tragic and sad accidents I see is child drowning cases. Sometimes they are unpreventable. Sometimes they are the result of negligence or negligent supervision by parents, teachers or lifeguards.  But regardless, they are all sad.  So here are some tips to help make your summer a safe one around the water. 1) Never let your child be near or around a pool or body of water without a parent present. This read more
  • add this feed to my.Alltop

    SEQ Legal blogs

  • Identifying the parties to a contract

    Alasdair Taylor
    15 May 2012 | 5:22 am
    The first thing I learnt as a trainee lawyer is that the parties to a contract should be properly and unambiguously identified.  I spent the next few years learning that non-lawyers routinely elide this principle - to the benefit of no-one, except lawyers.Consider the following contractual parties clause.This agreement is made on XXX between:General Trading of 1 The Street, Townton;Mr John Doe; andCommercial Services Ltd.This is wrong.  Horribly wrong.  Nonetheless, commercial lawyers and – especially - litigators see this sort of thing in contracts all the time.In case you…

  • How to write a delivery policy

    Alasdair Taylor
    14 May 2012 | 9:23 am
    From the perspective of the customer, the delivery policy may be the most important legal document on a website.  It should answer questions that are of keen interest to all customers: by what means will my goods be delivered?  When will they be delivered?  Do I have to sign for delivery?  Will I have to take a day off work?  And how much will it all cost?Accordingly, if you're selling goods through a website, you should publish a delivery policy of some kind.A delivery policy is a relatively straightforward document to prepare.  Whether you plan to write your…

  • 5 contract negotiation tactics to avoid

    Alasdair Taylor
    11 May 2012 | 2:07 am
    The success of most contract negotiation processes can be measured by:the quality of the resulting contract, in terms of faithfulness to the parties' intentions, proportionality, certainty and clarity;the length of the process and the costs incurred during the process; andthe resulting attitudes of each party with respect to the contractual documentation and, more importantly, each other.Although not every contractual negotiation can be measured against these principles - for instance, dispute settlement agreements are rarely going to lead to mutual respect - they hold good for most.Some…

  • New wedding photography contract template

    Alasdair Taylor
    8 May 2012 | 8:44 am
    I've spent much of today working on a new wedding photographer contract.  This is an adapted version of our existing standard terms and conditions for photographers.  There are quite a few features of wedding photography documents that differentiate them from other kinds of photography contract.  Having been through the adaptation process, I would recommend that any wedding photographer not using a contract specifically adapted for weddings should be thinking about doing so. So, what are the differences? Perhaps the most fundamental difference is that a wedding contract will often have two…

  • Sellling online and the law - part 3 - product descriptions

    Alasdair Taylor
    6 May 2012 | 4:43 am
    Product descriptions and photographs are among the more important aspects of a typical online sales strategy.  Descriptions should be clear, informative and fresh; photos should be properly exposed and focused, and large enough enough to show off the products to best effect.  But also, descriptions and photos must be legal. This article - part 3 in a series - looks at the legal issues affecting product descriptions and photos.  If you haven't read the previous articles in the series, you should start here: Online selling and the law - part 1 - introduction There are two main areas of law…
 
  • add this feed to my.Alltop

    Solnick & Levin » Blog

  • Pennsylvania Law Banning Texting Takes Effect

    admin
    11 May 2012 | 3:52 pm
    As of March 2012, Pennsylvania became the 35th state to join the ranks of other states, including California, that have banned texting while driving.  Now, police officers can pull Pennsylvania drivers over for typing, sending or reading messages via SMS, twitter, facebook, or any other social program.  They can also ticket drivers for using or looking at handheld or pad electronic devices.   Police can make a determination that a driver was texting by sight, drivers’ or passengers’ statements, or by reviewing cell phone records.  If the police does make such a determination, he…

  • April is Distracted Driving Awareness Month

    admin
    10 May 2012 | 3:51 pm
    Distracted driving is one of the leading causes of auto accidents today.  Distracted driving comes in many forms including talking on the cell phone while driving, texting while driving, and eating.  It is any form of driving in which a driver’s hands, eyes, or mental attention are distracted from their duties in driving a motor vehicle. Using a mobile device is the most common form of distracted driving, given the increased popularity of cell phone usage.  The majority of adults have cell phones, and many children get cell phones at early ages once they are old enough to talk on…

  • Status Quo on Speeding-Related Accident Fatalities Is Disturbing

    admin
    22 Apr 2012 | 4:57 pm
    Last year, federal highway safety regulators announced record lows in auto accident fatality rates across the country.  The number of such fatalities has been declining for years.  Much of the decline is due to the fact that there are fewer drunk driving-related fatalities now. However, one fact has changed little through the years – approximately 1/3rd of all auto accident fatalities are caused by speeding drivers.  According to the Governors Highway Safety Association, there has been no difference in the fatality rates linked to speeding, in spite of the fact that we now have safer…

  • SSA To Invite Comments on SSDI Update for Musculoskeletal Disorders

    admin
    20 Apr 2012 | 4:55 pm
    The Social Security Administration this year plans to start the process of expanding the federal agency’s Listing of Impairments that qualify for Social Security Disability Insurance benefits, to include musculoskeletal conditions.  In 2012, the agency plans to seek public comment on its proposals to add musculoskeletal conditions to this list. Most musculoskeletal disorders originate in the back, neck, upper limbs and shoulders.  Many workers suffer musculoskeletal disorders as a result of repetitive stress injuries in the workplace.  These injuries are caused when one particular area…

  • One Person Injured in Philadelphia Scaffolding Accident

    admin
    16 Apr 2012 | 4:52 pm
    One person was reported injured in a scaffolding accident last week in Philadelphia.  According to police, the accident occurred when a scaffolding lift fell on a house at the 19th and Mountain Street intersection over the weekend. Scaffolding accidents are some of the most frequent accidents on a construction site.  These accidents also typically end in severe injuries or fatalities.  Many times, these accidents involve a scaffolding collapse.  Unfortunately, such accidents are much more common than people realize.  Shoddy design and construction standards can lead to unstable and weak…
  • add this feed to my.Alltop

    Baron & Budd, P.C. | Protecting What's Right

  • Baron and Budd Seeks to Help Women Harmed by YAZ, Yasmin, Beyaz and Ocella

    Baron & Budd
    4 May 2012 | 2:49 pm
    DALLAS –(May 4, 2012) – Baron and Budd, a national law firm dedicated to Protecting What’s Right, is stepping up to help women who have suffered serious health issues from the oral contraceptives YAZ, Yasmin, Beyaz and Ocella. Bayer, the manufacturer behind YAZ, has recently agreed to pay at least $110 million to settle about 500 lawsuits claiming that YAZ/Yasmin caused blood clots. Hundreds of other lawsuits surrounding Bayer’s Yasmin line of oral contraceptives are still pending. YAZ was aggressively marketed toward young women as a new, hip form of birth control that could also…

  • Baron and Budd Warns that Wal-Mart Employees May Not Have Been Paid All Overtime Owed

    Baron & Budd
    3 May 2012 | 4:02 pm
    DALLAS –(May 3, 2012) –Baron and Budd, a national law firm dedicated to protecting consumers’ rights, is advising current and former Wal-Mart employees that the company may not have included all eligible employees in a recent settlement regarding unpaid overtime. Some employees may even have been under-compensated in the settlement. Earlier this month, Wal-Mart agreed to pay $4.8 million in back pay to thousands of employees after an investigation by the Department of Labor found that Wal-Mart had violated federal overtime pay laws by misclassifying certain employees. “This is only…

  • Baron and Budd Honors Workers’ Memorial Day 2012

    Baron & Budd
    27 Apr 2012 | 7:00 am
    DALLAS –(April 27, 2012) – Workers will be coming together around the world April 28 to commemorate the 23rd Annual Workers’ Memorial Day and to fight for their right to a safe work environment. As a law firm dedicated mesothelioma patients, Baron and Budd is taking a moment to remember those who have fallen due to work-related injuries and standing up to protect America’s workplaces. Workers’ Memorial Day is an internationally recognized day of remembrance for workers who have passed from work-related diseases, such as mesothelioma cancer, or other work-related…

  • Baron and Budd Investigating Possible Overtime Violations at Call Centers

    Baron & Budd
    26 Apr 2012 | 9:26 am
    DALLAS –(April 26, 2012) –Baron and Budd, a national law firm dedicated to protecting consumers, is investigating possible wage violation issues that may prevent inside sales representatives from earning all compensation they are owed by law. While these violations could be occurring at any business that employs inside sales representatives, Baron and Budd has found that call centers seem to have the most widespread violation issues. The firm previously filed a lawsuit against SuperMedia, Inc. for these violations and believes that other sales-oriented companies may be committing similar…

  • ADAO to Screen Asbestos Trial Documentary

    Baron & Budd
    25 Apr 2012 | 4:35 pm
    Baron and Budd is a Proud 2012 ADAO Platinum Sponsor LOS ANGELES –(April 25, 2012) –The Asbestos Disease Awareness Organization (ADAO) will be screening the documentary Dust: The Great Asbestos Trial this Friday to help educate people about the Eternit asbestos trial in Italy and help raise awareness about the public health risks of asbestos. A press conference will follow with Niccolo Bruna, one of the filmmakers behind Dust, Linda Reinstein, co-founder of ADAO, and Pepe Moreno, comic book artist and member of the creative team behind an international awareness comic book. Baron and Budd…
  • add this feed to my.Alltop

    News From Dallas Appellate Attorney Chad Ruback

  • Three Keys to Presenting a Great Appellate Oral Argument

    Chad Ruback
    5 May 2012 | 9:44 am
    Earlier this week, I attended the annual banquet of the Patrick Higginbotham Inn of Court. The featured speaker was Seth Waxman, who served as chief appellate counsel to the U.S. government under President Clinton. Waxman said that there are three keys to presenting a great appellate oral argument:

  • Dorsaneo’s Top 5 Tips on Writing an Appellate Brief

    Chad Ruback
    19 Apr 2012 | 3:46 pm
    SMU Law School Professor Bill Dorsaneo spoke at today’s Dallas Bar Association Appellate Section meeting. He offered a number of tips on writing an appellate brief. Here are my five favorites:

  • Interview by Texas Lawyer reporter

    Chad Ruback
    30 Mar 2012 | 4:14 pm
    Texas Lawyer reporter interviewed Dallas appellate lawyer Chad Ruback about oral arguments.

  • Largest Judgments Rendered by Dallas – Fort Worth Courts

    Chad Ruback
    2 Feb 2012 | 8:59 am
    State courts in Dallas, Tarrant, Collin, and Denton counties all rendered large judgments in 2011. Perhaps not surprisingly, due to their smaller dockets, state courts in the outlying counties of the DFW area did not render any judgments over $1,000,000 in 2011. While federal courts sit in four locations in the DFW area (Dallas, Fort Worth, Plano, and Sherman), of these, only the Dallas federal courts rendered judgments over $1,000,000 in 2011. Here are the twenty largest judgments rendered by DFW-area courts in 2011:

  • Texas Supreme Court justice shares thoughts about appellate advocacy

    Chad Ruback
    21 Jan 2012 | 4:20 pm
    I recently attended a continuing legal education seminar at which Justice Don Willett provided some tips about practice before the Texas Supreme Court. Here are the highlights of his presentation.
 
  • add this feed to my.Alltop

    Protecting What's Right

  • The Facts about the Fact Act

    Baron & Budd
    10 May 2012 | 2:52 pm
    “Sticks and stones can break my bones, but words can never hurt me.” It’s an old children’s rhyme that psychologists today say is wildly inaccurate. The truth is that words can hurt: just look at the recent news stories about teen suicides caused by verbal online bullying. It’s plain to see the harm caused by degrading language pointed at a sensitive teenager. But what about words that, on the surface, appear neutral – or even positive? Is it possible that these “innocent” words can send a destructive message too? We think so – and present HR…

  • The Story of YAZ

    Baron & Budd
    7 May 2012 | 1:25 pm
    As plaintiff lawyers we see a lot of sad things, but nothing compares with the sadness of a young person’s death as the result of corporate greed. Take for example the story of YAZ, a blockbuster drug for big pharma but a source of heartache for too many young women who were irreversibly injured or killed as a result of ingesting YAZ’s main ingredient drospirenone (DRSP).  A fourth-generation artificial progestin, DRSP can raise potassium to life-threatening levels, causing dehydration that may lead to blood clotting and numerous other related health crises. YAZ was approved by the FDA…

  • How Do Commissions and Salaries Affect Overtime Pay?

    Baron & Budd
    2 May 2012 | 2:23 pm
    EDITORS NOTE: This is the second of two blog posts concerning the rights some salaried workers have to receiving overtime compensation. Part one explained the common misconception associated with those who are entitled to overtime pay. Part two describe how employees will be compensated. Written by attorney Allen Vaught You work hard for your money. But are you earning everything you’re entitled to? Some employers often violate federal labor laws that require them to pay overtime to salaried workers. Although some employees are exempt from overtime pay, there are many who don’t…

  • Workers’ Memorial Day – We Support You but Wish We Didn’t Need You

    Baron & Budd
    27 Apr 2012 | 12:39 pm
    Every year we approach Workers’ Memorial Day with mixed feelings. As a law firm that has represented tens of thousands of injured workers over the last 30 plus years, we certainly understand the need for this day and are glad for the recognition of the fallen. But there’s another side of us too – a side that questions why, after so many years, there are still so many on-the-job injuries and deaths. So where are these injuries and deaths coming from? Let’s look at the facts, as reported by the Census of Fatal Occupational Injuries (CFOI) program conducted by the U.S. Bureau of Labor. A…

  • Earth Day and Plaintiffs’ Lawyers – What Do We Have in Common?

    Baron & Budd
    23 Apr 2012 | 2:03 pm
    Quick. Think of Earth Day and what do you see? We bet it’s a crunchy vision of bare-footed environmental believers, with not a suit in sight. But even if we don’t have the picture totally right, we know there’s no courtroom scene in your vision. In fact, if you were to conjure up the opposite of earth day bliss it would most likely look like, well, a bunch of high-powered lawyers doing some fancy deals. We’re not Earth Day friendly, right? Wrong. While our plaintiffs’ attorneys may look different than the media’s stereotype of Earth Day celebrants (at least on their office days),…
Log in