• Most Topular Stories

  • Eight Reasons We Won’t Take Your Case

    A Connecticut Law Blog
    Ryan McKeen
    8 Apr 2015 | 5:53 am
    A lot of law firm advertising is centered around “have a case…call us” (see below). We do that too. However, we are selective in the cases we take. Being selective is the only way to insure that when we take a case that we can properly handle it. This benefits us and more importantly our clients. Here are 8 reasons we won’t take your case: 1. Outside our areas of practice. Law is complicated and getting more complicated. It is impossible for any lawyer to be competent in more than a few areas of law. For example, if you come to us with a workers compensation case, we…
  • Future-Proofing Your Solo Practice

    Solo Practice University®
    Suzanne Meehle
    14 May 2015 | 5:00 am
    How are you future-proofing your law practice? You better start thinking about it if you haven't already. Written by Suzanne Meehle
  • Silence is Still Golden

    Tips for Lawyers
    Chris Hargreaves
    11 May 2015 | 12:54 am
    See – Golden I’m certain that you’ve heard it said by now – the world is getting noisier. And it’s true. We are now able to be connected with hundreds, if not thousands, of people both locally and worldwide.  We can watch them, interact with them, listen to them, learn from them, and laugh at them. Facebook, Instagram, Twitter, Snapchat, Vine, Meerkat (or Periscope), Google +, LinkedIn, YouTube, Tumblr, Pinterest and many more.  There is a never ending stream of entertainment available to us – we can flick from one thing to another in the blink of an eye,…
  • Writing Tips from a Pro

    Amazing Firms, Amazing Practices
    Gerry Riskin
    20 May 2015 | 9:37 pm
    Whether asked to deliver a speech or write an article for a magazine whose audience is primarily non-lawyers, many lawyers find it a challenge to present their ideas in a clear, straightforward fashion without resorting to legalese. In a recent blog post, Eric Barker offered some assistance to anyone who is stymied by the prospect of a blank page. The post, entitled “How to Be a Better Writer,” distils some of the key guidelines on effective writing that are offered in the best-selling book, The Sense of Style: The Thinking Person’s Guide to Writing in the 21st Century, by…

    Pretrial, Trial, Appellate & Evidence Blog
    Ronald H. Clark
    12 Apr 2015 | 3:43 pm
    This is a subject about which I’m totally unqualified to render an opinion. I’m perfectly comfortable discussing a man’s trial uniform. A man’s trial proper courtroom attire normally is a dark suit, white or blue shirt, a tie that may have a pattern but not a loud one, brown or black shoes coordinated with the suit and dark  (not white) socks. Any accessories must not be distracting to the viewer. This works well for politicians also, and they, like trial lawyers, can only go wrong if they vary from it – see one who did above and who got criticized for doing so. Although…
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  • Bargaining After the Breach – NLRB says failure to engage in collective bargaining over data breach remedies violates federal law

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

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

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

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

    Elijah Yip
    27 Jan 2015 | 6:54 pm
    The FTC released two guides on the privacy and security issues related to the Internet of Things.  The first is a staff report based on discussions in an FTC-hosted workshop on the subject held on November 19, 2013.  In addition to summarizing the workshop discussions, the report contains staff’s recommendations in the IoT space.  This prompted a FTC Commissioner (Joshua Wright) to dissent from the decision to issue the report.  In Commissioner Wright’s view, it is premature to publish staff recommendations in this area without further research, data, and analysis.  The…
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  • Would-be clients “happen not to have been born human”

    Walter Olson
    25 May 2015 | 9:15 pm
    A lawyer’s concession in an unsuccessful PETA suit against Sea World presaged a New York judge’s recent (corrected) ruling on chimpanzee rights [Jeff Stier, San Diego Union-Tribune] Tags: animal rights Would-be clients “happen not to have been born human” is a post from Overlawyered - Chronicling the high cost of our legal system
  • Banking and finance roundup

    Walter Olson
    25 May 2015 | 9:05 pm
    Home-court advantage: SEC wins against defendants 90 percent of the time when it litigates before its own judges [Jean Eaglesham/W$J, Thaya Knight/Cato, earlier] Oops! “Corporate Inversions Increase U.S. Tax Revenues” [Rita Nevada Gunn and Thomas Lys/SSRN via Paul Caron/TaxProf, related, earlier] “How U.S. rules on conflict minerals are making life worse for desperately poor people in war-torn Congo” [Politico, earlier] “Lock up the banksters.” “Lock up the drug dealers.” Dara Lind spots some populist parallels [Vox] Should bank boards owe…
  • Suing the Ivies over discrimination against Asian-Americans

    Walter Olson
    25 May 2015 | 8:01 am
    “A coalition of more than 60 Asian-American groups filed a federal discrimination complaint against Harvard University, claiming racial bias in undergraduate admissions.” A chance to find out how serious the university establishment, federal agencies, and the courts are about norms of non-discrimination [Bloomberg, Eugene Volokh on Bill Clinton 1995 comment, Razib Khan/Unz] Tags: colleges and universities, discrimination law, Harvard Suing the Ivies over discrimination against Asian-Americans is a post from Overlawyered - Chronicling the high cost of our legal system
  • Doing online “reputation management”?

    Walter Olson
    25 May 2015 | 2:28 am
    Don’t do it this way, advises Eric Goldman. Tags: libel slander and defamation, nastygrams Doing online “reputation management”? is a post from Overlawyered - Chronicling the high cost of our legal system
  • “N.J. Supreme Court to Decide if Leaving Kid in Car for a Few Minutes Equals Child Abuse”

    Walter Olson
    24 May 2015 | 10:32 am
    On a cool and overcast day, a mother in New Jersey left her sleeping child in a running car for a few minutes to enter a store, with no injurious consequences — except that she herself was tossed onto a child abuse registry. She is now contesting the denial of a hearing, and David Pimentel summarizes what is at stake [Lenore Skenazy]: If the N.J. Supreme Court upholds the lower court, child-left-in-car cases in New Jersey will be very straightforward. Even if the investigation shows that no criminal child endangerment occurred (so charges are dropped), absent extenuating circumstances,…
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    Solo Practice University®

  • Don’t Blow It with Those Statutes of Limitations Dates

    Mark Bassingthwaighte
    21 May 2015 | 5:00 am
    Allowing a statute of limitations (SOL) to run on a client matter has always been a common malpractice error and I really don’t see that changing. One would think that with the rise of computerized calendaring systems there would be a decrease in the frequency of these types of errors. Unfortunately, it hasn’t played out that way.Written by Mark Bassingthwaighte
  • No, Hanging A Shingle Does Not Make You An Entrepreneur.

    Susan Cartier Liebel
    18 May 2015 | 5:00 am
    Going solo doesn't make you an entrepreneur. It makes you self-employed. Let me explain the differences and why they are important.Written by Susan Cartier Liebel
  • Future-Proofing Your Solo Practice

    Suzanne Meehle
    14 May 2015 | 5:00 am
    How are you future-proofing your law practice? You better start thinking about it if you haven't already. Written by Suzanne Meehle
  • Exercise Your Sales and Advocacy Skills for Yourself

    Susan Cartier Liebel
    12 May 2015 | 5:00 am
    This guest post was written by Michael J. Palumbo. I am so happy Attorney Palumbo reached out to us because he is going to cover a subject nobody wants to discuss – Sales.  Yes.  That nasty little word no lawyer wants to acknowledge but is critical to the success of your practice.  This article is […]Written by Susan Cartier Liebel
  • The Most Trusted Website For Attorney Reviews – Yelp!

    Susan Cartier Liebel
    11 May 2015 | 5:00 am
    "Yelp is the most commonly used site to search for attorney reviews online—58 percent of respondents in our sample said it was the first place they turn. It's also the website that 61 percent of users view as the most trustworthy."Written by Susan Cartier Liebel
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    Above the Law

  • Just How Badly Are Authorities Screwing Up The Arrest Of 170 Bikers In Texas?

    Tamara Tabo
    22 May 2015 | 12:30 pm
    Why should civil libertarians care what happens to 170 or so bikers in Waco? Columnist Tamara Tabo explains.
  • Non-Sequiturs: 05.22.15

    Joe Patrice
    22 May 2015 | 11:02 am
    Ed. note: Above the Law will not be publishing on Monday, May 25, in observance of the Memorial Day holiday. * The settlement deal between Target and Mastercard over the 2013 data breach is dead after failing to garner the requisite issuer support. Proposed settlement: $19 million. Years of protracted litigation: Priceless. [Credit Union Times] * High school teacher who admitted she and another teacher had a threesome with a 16-year-old student got off -- well, legally -- with a slap on the wrist. Folks are starting to wonder if her dad being a sitting district judge had anything to do with…
  • Shell Sued After Butane Causes ‘Hash Oil’ Explosion

    Elie Mystal
    22 May 2015 | 10:34 am
    Hash oil is... explosive.
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    Simple Justice

  • Memorial Day 2015

    25 May 2015 | 4:16 am
    For reasons that won’t be explained, this was the song I sang to my first child, my daughter, right after she was born and the nurse put her in my arms. I’m not big on civic holidays, but honoring those who gave their lives for their country is the least I can do to show my respect for their sacrifice. It’s not about the worthiness of the cause, but about the human beings lost to war. I suspect that some readers just can’t share this feeling, refusing or unable to separate the people who fought wars from the people who started them.  For me, they are entirely…
  • Brelo: Cause and Effect (Update)

    25 May 2015 | 4:15 am
    Cleveland Police Officer Michael Brelo was acquitted of voluntary manslaughter of Timothy Russell and Melissa Williams. A total of 137 rounds were fired into their car, including 49 by Brelo, as he stood atop the hood of their car and fired through the windshield. They were unarmed, although reported to have fired shots because their car had earlier backfired. The bench trial was marked by the disgraceful refusal of the other police officers present to testify, under the guise of Fifth Amendment privilege (to which they’re entitled) but for the purpose of protecting their fellow…
  • The Shame of Manhood

    24 May 2015 | 5:37 am
    While I’ve heard rumblings about some of the stuff Jordan Rushie explains, it was never really worth my time to look into it. I’m well past my dating years, and have no plans to go back. The whole notion of “the game” and the “red pill” are, from my distance, kinda funny, the sort of things that clog young men’s minds while the hormones that kept humanity going continued to flow dangerously. Sure, I was aware of the introduction of gender studies in liberal arts education, which struck me as a worthwhile course of study as soon as someone opens up a…
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    Law and Magic Blog

  • The Witchcraft Accusation and the No Win Situation

    18 May 2015 | 11:26 am
    Lapham's Quarterly offers this wonderful flowchart explaining what used to happen to those accused of witchcraft, courtesy of that impeccable guide, the Malleus Malificarum (the Hammer of Witches). Notice how difficult it is for the defendant to extricate him/herself after an accusation. The charge meant the end of his/her life as he/she knew it.
  • Harry Houdini's Spiritualism Scrapbook

    6 May 2015 | 2:56 pm
    Via Richard Wiseman on Twitter, a blogpost by Michael Lieberman on Harry Houdini's Spiritualism scrapbook.
  • Psychology and Magic

    5 May 2015 | 2:02 pm
    Cyril Thomas, Andre Didierjean, Francois Maquestiaux, all of the University of Franche-Comte, and Pascal Gygax, of the University of Fribourg, have published Does Magic Offer a Cryptozoology Ground For Psychology? Interesting, particularly for its discussion of the creation of false memories (pp. 20-21). Via a Tony Barnhart retweet (TonyBarnhart@MagicTony).
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    What About Paris?

  • Today? Today is not about barbecue, pool openings or drinking with your deranged Uncle Jasper.

    JD Hull
    24 May 2015 | 10:59 pm
    For us Yanks, today is about resolute if terrified men and women, innocents all, who died, sometimes horribly and in confusion, in American military engagements. June 6, 1944. U.S. army officer watching Norman coast as his landing craft approaches Omaha Beach.
  • Anthony Burgess, polymath. Clockwork Orange, novella or Kubrick movie, is besides the point.

    JD Hull
    23 May 2015 | 8:55 am
    Anthony Burgess's frightening 1962 dystopian novel Clockwork Orange and satire is not my favorite book. Its spectacular 1971 adaptation to Hollywood blockbuster, starring Malcolm McDowell as the sociopathic droog leader Alex DeLarge, is not my favorite Stanley Kubrick movie, either. But Burgess, a Brit who died in 1993, was a simply amazing human being who may have regarded what his now most famous work as simply a short if odd detour in his career. Burgess (1917-1993), in addition to being a celebrated writer, he was an accomplished playwright, critic, producer, linguist, translator and…
  • The aroma of a life lived in harmony with high ideals.

    JD Hull
    22 May 2015 | 9:14 pm
    I am proud of 3 things in my life: 1. I've never been to Las Vegas. 2. Except for jeans and my tux, all my pants are tastefully cuffed. 3. Until yesterday I'd never heard of Josh Duggar. Sing, everyone.
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    Legal Juice

  • Dad Gets Busted For Spraying “Liquid Ass” In School

    John Mesirow
    24 May 2015 | 9:17 pm
    Yes folks, you read that correctly. As reported by Jason Festerman was called to school after his son was suspended for spraying prank item Liquid Ass in his classroom. Ads claim Liquid Ass is a “power–packed, super–concentrated liquid (that) begins to evaporate filling the air with a genuine, foul butt–crack smell with hints of dead animal and fresh poo.” Festerman claims he was innocently checking the item in the school, when it discharged — and the police were called. Uh huh. Festerman was charged with disorderly conduct, which carries a possibly penalty…
  • Must Have Been Some Glorious “Glory Days”

    John Mesirow
    23 May 2015 | 9:11 pm
    Most of us would like to be young again. Okay, so most of the old folks like The Juice would like to be young again. And many of us say that we act young and feel young, and that’s all that matters. Not to this Texas lady. She went back to relive it all. As reported by Police say Charity Anne Johnson was arrested after giving officers a fake name and birthday going by “Charity Stevens.” This is also the same alias Johnson used to enroll at the high school. A spokesperson for the school said Johnson was brought in to enroll with a person who she claimed was…
  • It’s Not Like Stealing From The Mafia, But It Ain’t Smart Either

    John Mesirow
    22 May 2015 | 9:12 pm
    Honestly, did she think she would get away with stealing from a fund for U.S. Marshal’s, police, and firefighter’s survivors? Apparently so. As reported by The Belleville News-Democrat: A 53-year-old St. Louis woman pleaded guilty Wednesday to stealing nearly $19,000 intended to benefit the families of police, firefighters and deputy marshals killed in the line of duty. Pamela Denise Robtoy appeared subdued when she walked to the lectern, speaking so softly that U.S. District Judge David R. Herndon asked her to speak up, as she pleaded guilty to embezzling money from a charity…
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    The Criminal Lawyer

  • A Modest Proposal

    20 May 2015 | 11:46 am
    Yesterday, the New York Senate voted to pass “Brittany’s Law,” to create a new public registry of offenders. Think “sex offender” registry, only for anyone convicted of any violent felony. People with a conviction in their past would have to register for ten years or more (under penalty of another felony conviction). Local law enforcement would be notified of who these people are and where they’re living (makes it easier to harass and arrest them and put them back in jail again). If there’s a fear of re-offense (evidenced by such things as being out…
  • A Fundamental Disconnect

    1 May 2015 | 6:25 am
    Your smartphone has a lot of private stuff on it. Passwords, photos, messages, files. You want to keep it private. So it’s a good thing that companies are building better encryption into their phones, right? Not according to law enforcement. They complain a lot about encryption. Encryption is pretty good, these days, which means law enforcement can’t easily get stuff that’s encrypted. It used to be you have to be kinda tech-savvy yourself to encrypt your stuff. But now phones are encrypting your stuff by default. Cops, prosecutors, spies, and regulators want those passwords,…
  • Inexpert Testimony

    27 Apr 2015 | 5:04 am
    The purpose of a trial is not to discover the truth. Sorry. Whether civil or criminal, bench or jury, the purpose of a trial is to decide on an “official version” of the facts. The purpose of the justice system is to make an enforceable, hopefully final, decision about a dispute. The system does this by applying the law to the facts, and determining what the appropriate outcome is. The system already knows what the law is, presumably. But it can’t apply that law — it can’t do anything — until it has a set of facts to work with. We’d like the…
  • Undoing overcriminalization

    31 Mar 2015 | 11:41 am
    So I saw this opinion piece in USA Today by Glenn Harlan Reynolds, titled “You Are Probably Breaking the Law Right Now: When lawmakers don’t even know how many laws exist, how can citizens be expected to follow them?” It joins a growing tide of public awareness about overcriminalization in the U.S. — especially at the federal level — and that’s a good thing. (It also joins a growing number of pieces that use bird feathers as their lead example of serious stupid crimes ever since my little comic on the topic went mildly viral back in 2012 — and…
  • SCOTUS makes a mistake anybody would have made. So it’s okay, right?

    16 Dec 2014 | 11:57 am
    The Fourth Amendment established one of our most important protections against government power: if the police search you or your stuff for evidence, their search must be ‘reasonable'; and if they do get a warrant then it has to be specific, and they’ll need probable cause. In writing, it couldn’t be more straightforward. In practice, however, its meaning is anything but. Over the years, the courts have dramatically muddied the meaning of the Fourth Amendment. Not as badly as the Fifth, perhaps, but badly enough to severely erode the Fourth’s protections against…
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  • Maybe Freddie Gray Should Have Made Equality Arguments

    Mark Graber
    24 May 2015 | 12:30 pm
    Many friends are excited about Jill Lepore’s recent essay in The New Yorker, “To Have and To Hold: Reproduction, Marriage, and the Constitution.”  One reason is that Lepore gives a shout out to many friends.  Always nice.  The second reason is that Lepore passionately asserts the claim that the lawyers arguing cases raising claims about rights to reproduction, sexuality and marriage should have placed more emphasis on equality than privacy.  She writes:There is a lesson in the past fifty years of litigation.  When the fight for equal rights for women narrowed to…
  • "The Two Cultures" Lives on in Law School

    Mark Tushnet
    22 May 2015 | 6:27 pm
    Last week I finished reading a really interesting book by Cedric Villani, who won the Fields Prize in mathematics (the discipline's equivalent of the Nobel Prizes), for his work on (bear with me on this) Landau damping and the Boltzmann equation. Birth of a Theorem describes how Villani and his collaborator came up with the proof. It's quite unforgiving on the mathematics, which I found unintelligible (it turns out that Villani intended the mathematics to be unintelligible), but really informative about the phenomenology of mathematical creativity -- and perhaps about creativity in…
  • Ridiculous Political Reporting on Legal Issues

    Mark Tushnet
    22 May 2015 | 4:07 pm
    Politico had a story yesterday about assistance Elizabeth Warren gave the United States in its appearance before a NAFTA arbitration tribunal in the Loewen Group case. The sting of the story appears to be that Senator Warren is some sort of hypocrite for opposing the TransPacific Partnership agreement because it contains an Investor State Dispute Settlement process just like the NAFTA one, in which she participated. (Although perhaps the sting of the story is that then-Professor Warren was paid a fair amount -- "up to $90,000" [what, they couldn't find the actual number?] -- for what she did.
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    Concurring Opinions

  • On Memorial Day — Judge Richard Kopf Remembers Holmes

    Ronald K.L. Collins
    25 May 2015 | 7:41 am
    Over at Hercules and the Umpire Judge Richard Kopf remembers — and it is fitting that he does — one of our greatest soldiers, a man who sacrificed much and in the face of it all saw many a dear friend fall. Make of Oliver Wendell Holmes, Jr., what you will. If you are so disposed, paint him a nihilist, or a fatalist,  a self-serving capitalist, or a defender of eugenicists, or any other derogatory ist label you care to pin on him. Still, his star glows. But of this it cannot be denied: He fought honorably to defend the Union in its time of great need; he rallied forward when…
  • Why Do We Have Bicameralism?

    Gerard Magliocca
    22 May 2015 | 11:38 am
    A key structural feature of Article One is bicameralism.  Why is Congress set up in this way?  There are many possible answers.  First, Congress was modeled on Parliament, which had two chambers–Lords and Commons.  Second, splitting Congress into two parts allowed the Framers to reach a compromise on the issue of representation (one house directly elected and one for states).  Third, dividing Congress was a way of creating an internal check on the legislative branch. Let’s think about this last reason for a moment.  Why should Congress be internally divided while the…
  • Why empowering consumers won’t (by itself) stop privacy breaches

    Babak Siavoshy
    21 May 2015 | 5:09 pm
    Thanks to CoOp for inviting me to guest blog once again. As with my other academic contributions, the views expressed here are my own and don’t necessarily reflect those of my employers past or present. — Who bears the costs of privacy breaches? It’s challenging enough to articulate the nature of privacy harms, let alone determine how the resulting costs should be allocated. Yet the question of “who pays” is an important, unavoidable, and in my view undertheorized one. The current default seems to be something akin to caveat emptor: consumers of services…
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    Sui Generis-a New York Law Blog

  • A look at judges, Facebook and recusal

    22 May 2015 | 5:29 am
    This week's Daily Record column is entitled "A look at judges, Facebook and recusal."  My past Daily Record articles can be accessed here. A look at judges, Facebook and recusal Judges are human. They have relationships, both professional and personal. Existing in a judicial vacuum that is devoid of relationships simply isn’t an option and doesn’t conform with reality. But sometimes when you read the ethics opinions that control the conduct of judges, you might wonder if that’s the case. In some cases, the opinions indicate that judges must avoid many typical professional…
  • NY judge holds service via Facebook permissible

    11 May 2015 | 9:16 am
    This week's Daily Record column is entitled "NY judge holds service via Facebook permissible."  My past Daily Record articles can be accessed here. NY judge holds service via Facebook permissible Last October I wrote about two different U.S. judges who had issued orders permitting service upon litigants using Facebook. First, in February 2014, U.S. Magistrate judge for the Eastern District of Virginia, Thomas Rawles Jones Jr., issued an order to that effect in Whoshere, Inc., v. Gokhan Orun d/b/a/ WhoNear; Who Near;, where the defendant was located in Turkey.In the other…
  • Will the Apple Watch be a game-changer?

    29 Apr 2015 | 8:46 am
    This week's Daily Record column is entitled "Will the Apple Watch be a game-changer?"  My past Daily Record articles can be accessed here.  Will the Apple Watch be a game-changer? As the Apple Watch is about to hits stores, the question remains: will lawyers use the Apple Watch? Or are we already too overloaded with devices, gadgets and distractions? My prediction is that the legal profession will take to the Apple Watch like a fish takes to water. The reason is simple. The Apple Watch won’t clutter our digital lives; it will streamline them. This wearable technology will serve as an…
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  • SEC Villians Of The Week?

    David Zaring
    22 May 2015 | 8:03 am
    The SEC announced an indictment against a financial advisor that got a bunch of public Georgia pension funds to invest in its own affiliated product.  Which I guess sounds kind of dodgy - you're obligated to offer advice in the best interests of your client, and yet you're pushing your own investment vehicle.  The strange thing about the case, however, is that it isn't about that sort of breach of fiduciary duty.  Instead, the SEC, a federal agency, is going after Gray and its principals because they failed to comply with Georgia law.  From the SEC's release: The SEC’s Enforcement…
  • Ben Lawsky's Departure As New York's Financial Services Supervisor

    David Zaring
    20 May 2015 | 1:21 pm
    Lawsky had a tough reputation, and was probably the most challenging state corporate regulator since Spitzer (the Times: " a polarizing four-year tenure that shook up the sleepy world of financial regulation in New York").  And I can say that I knew him when - we were in the same unit at DOJ.  But really, I'm awfully impressed that 1. he is leaving to start his own firm, continuing the craze for boutiques that has animated investment bankers, and now, perhaps their former regulators?  And 2. this excellent front page from the Village Voice. Apparently, the new firm will specialize in…
  • Business & Human Rights Junior Scholars Conference

    Gordon Smith
    20 May 2015 | 8:40 am
    Here is an announcement that may interest some of our readers: The Rutgers Center for Corporate Law and Governance, The University of Washington School of Law, and the Business and Human Rights Journal (Cambridge University Press) announce the first Business and Human Rights Junior Scholars Conference, to be held September 18, 2015 at the Rutgers School of Law – Newark in Newark, New Jersey, just outside of New York City.  The Conference will pair approximately ten junior scholars writing at the intersection of business and human rights issues with senior scholars in the field.  Junior…
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    Ms. JD Blog

  • Ms. JD Fellows Present: Mentorship 101 Recap

    Laura Bladow
    24 May 2015 | 5:23 pm
    On May 20, 2015 the 2014-2015 Ms. JD Fellows presented a candid conversation on mentorship in law school. Check out the full video below as the fellows will discuss their mentorship experiences through the Ms. JD fellowship over the past year. Plus, you won't want to miss the Fellows sharing their top mentorship tips for all stages of law school from the first year through third year!     
  • What to Look for When You Need a Franchise Lawyer

    23 May 2015 | 9:27 am
    If you are thinking about embarking on a franchise business, it is important that you work together with a good franchise lawyer. This will help you to find the best organization for your needs and it will ensure that all the legal aspects are properly organized as well. It is very important, however, that you choose a lawyer that is experienced and good at what they do. They need to make sure you stay within the law, and they can help you keep overall costs down as well. How to Choose a Franchise Lawyer Choosing a franchise lawyer has to start by doing a lot of research. You need to look not…
  • Connecting to Nature During Times of Transition

    23 May 2015 | 6:14 am
    Sometimes it can be challenging to make shifts in mindset and behavior patterns when we are in transtiion from one chapter of our lives into the next.  After exams this semester, my final semester, it made sense to take a couple of days for quiet in the woods.  I shot this video as soon as I got back in the hopes of giving myself a bridge to get back to the feelings of calmness & serenity I experienced while on retreat (camping).  It's a quick guided meditation to help ground us in "woods energy," or feeling quiet and peaceful and connected to nature.
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    Biker and Motorcycle Accident Lawyer Blog

  • Memorial Day 2015, a time for reflection

    Norman Gregory Fernandez
    25 May 2015 | 1:42 pm
    President Barack Obama, accompanied by Maj. Gen. Jeffrey S. Buchanan, left, Commander of the U.S. Army Military District of Washington, and the with the aid of Sgt. 1st Class John C. Wirth, lays a wreath at the Tomb of the Unknowns, on Memorial Day, Monday, May 25, 2015, at Arlington National Cemetery in Arlington, Va. Memorial Day is a day that we honor those brave souls amongst us who have gone to battle for our great nation, and have given the ultimate sacrifice the service of their nation. Contrary to popular belief, Memorial Day is not about just a day off, barbecues, or playing grab ass…
  • Happy Veterans Day 2014 from Biker Law Blog

    Norman Gregory Fernandez
    11 Nov 2014 | 3:23 am
    California Attorney and Military Veteran Norman Gregory Fernandez in Basic Training, March 1981, age 17. Many moons ago on a sunny day, my girlfriend, my father, and my childhood friend who I grew up with drove me from the San Fernando Valley to Los Angeles Airport for my trip to United States Air Force basic training. I had just turned 17 a few months earlier, and hadn’t even started shaving yet. It was February, 1981. All my friends were still in high school, and 12 grade. I opted to skip 12 grade to go into the military. I was a long haired blond kid from the San Fernando Valley dressed…
  • My Sturgis Motorcycle Rally and Yellowstone Picture Movie

    Norman Gregory Fernandez
    31 Aug 2014 | 12:50 pm
    On July 31 – August 13th, 2014 I traveled to the 74th Annual Sturgis Motorcycle Rally and to Yellowstone for the 3rd consecutive year. The below movie is a slideshow movie of the pictures I took at the Sturgis Motorcycle Rally and Yellowstone. This year I took less pictures than last year because I concentrated more on riding, and I was rained in for about a day and a half on this trip. Enjoy the movie. Click here to view the embedded video. By Biker Lawyer and California Motorcycle Accident Attorney Norman Gregory Fernandez, Esq., © August 31, 2014 The post My Sturgis Motorcycle Rally…
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    Legal Profession Blog

  • Monkey Business Leads To Proposed Disbarment

    Legal Profession Prof
    23 May 2015 | 10:29 am
    An attorney who had misappropriated funds from beneficiaries of the estate of Chico Marx should be disbarred, according to a recent unpublished recommendation of the California State Bar Court Review Department. [The] misconduct arose out of his representation of Maxine...
  • False Tales Of Woe Lead To Consent Disbarment

    Legal Profession Prof
    23 May 2015 | 6:47 am
    An Illinois attorney has filed a motion for disbarment by consent on the following admitted facts In 2011, Respondent represented Staples the Office Superstore East (a subsidiary of Staples, Inc.; hereafter, "Staples"), the defendant in a personal injury action filed...
  • Mississippi Supremes Call For Truce In Judge-Public Defender War

    Legal Profession Prof
    22 May 2015 | 1:13 pm
    The Mississippi Supreme Court has held that a Hinds County judge did not have the authority to prohibit a public defender from practice before the court on grounds of alleged general lack of competence. Rather, such a determination is the...
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    China Law Blog

  • China’s E-Commerce Development Plan

    <a href=''>Steve Dickinson</a>
    22 May 2015 | 9:23 am
    China government planners are working to increase the role of domestic consumption and domestic investment in PRC economy. The State Council has decided that increasing the role of e-commerce is one way to promote consumer driven, private investment. However, though the players will be private, the government will take the lead in developing a modern e-commerce industry in China. The basic plan was outlined by the State Council in its May 7, 2015 Opinion on E-Commerce 国务院关于大力发展电子商务 加快培育经济新动力的意见. China’s Internet The Opinion proposes to…
  • Where To Locate Your China Company

    <a href=''>Dan Harris</a>
    21 May 2015 | 11:17 am
    Why not just locate your business here? The other day I was talking with a U.S. based non-tech consumer company about their commencing retail operations in China. This is a new client and at some point in the conversation I started getting specific about what it takes to form a WFOE in Shanghai. The client stopped me and said that they were not yet certain about where they were going to base their China operations, though they are “certainly leaning to Shanghai.” I had inadvertently just assumed Shanghai because so many other companies in similar industries base their China…
  • Getting Counterfeit Products Off China Websites: It’s Possible

    <a href=''>Dan Harris</a>
    19 May 2015 | 8:20 am
      A couple of our China lawyers nearly every day oversee requests to Chinese websites to take down counterfeit products. The success rate on getting these products removed within a week or so is North of 95%. Yesterday, the following email (modified very slightly) crossed my computer. It is from one of our China lawyers who does these takedown requests all the time to another of our lawyers who needed information regarding the process. I am publishing it here to show that if the IP facts (and that typically means China IP registrations or in some cases, registrations in your…
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    Patently-O » Patent

  • Status of AIA Applications

    Dennis Crouch
    25 May 2015 | 5:43 am
    Some applicants have asked about the current status of their AIA applications.  The chart above shows the current status of a sample of about 8,000 published patent applications claiming post-AIA status.*  Because of the backlog of PTAB appeals, it will likely be 2017 before we start seeing substantive decisions on the merits of AIA appeals. About 7% of recently issued patents claim post-AIA status. * A patent application falls under the America Invents Act (AIA), if it ever included a claim whose earliest effective filing date (counting priority claims) is on or after March 16 2013.
  • Federal Circuit: Software is not Patent Eligible unless Claimed as a Process or Physical Object

    Dennis Crouch
    22 May 2015 | 9:42 am
    In an interesting – though non-precedential – opinion, the Federal Circuit has ruled that a “speech-recognition interface” software lacks subject matter eligibility “because [the claims] are not directed to one of the four statutory categories of inventions identified in 35 U.S.C. § 101. The court writes: “[s]oftware may be patent eligible, but when a claim is not directed towards a process, the subject matter must exist in tangible form. Here, the disputed claims merely claim software instructions without any hardware limitations.” AllVoice…
  • AIA Applications Working Through the System

    Dennis Crouch
    21 May 2015 | 10:21 am
    The AIA makes important changes to the law of prior-art that will impact which inventions are patentable, although it remains unclear whether the new law makes it more difficult to obtain patent protection because it increases the scope of prior art in some areas but decreases the scope in other areas. What is an AIA-Application.  An AIA application is a patent application that – at some point – included at least one claim whose effective filing date is on or after March 16, 2013.   For most applications, the answer to this is easy: if the US application is filed before the 2013…
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    Patent Baristas

  • How Quality Translations Speed IP Protection While Reducing Both Risk and Costs

    Stephen Jenei
    8 May 2015 | 8:56 am
    Protecting your intellectual property, whether domestically or internationally, is traditionally a complex and costly process. On an international scale, that cost is largely due to translations, with the largest patent filers often budgeting millions of dollars each year to ensure accurate translations are localized for each country in which they plan to file. Why so much cost? The mistranslation of even a single word can lead to office actions, delayed time to grant, an increased risk of litigation or even the reduction of patent scope and market opportunity for the life of the patent.
  • Google’s Patent Purchase Promotion. Is It Worth It?

    Stephen Jenei
    4 May 2015 | 12:48 pm
    Google announced an experiment it says will “remove friction from the patent market and improve the landscape.” The experiment, called the Patent Purchase Promotion, will run from May 8 through May 22, 2015. In it, the Program offers a way for patent holders to tell Google about patents they are willing to sell. From the Program: Question: Why is Google doing this? Answer: We view this as an experiment. We are looking for ways to help improve the patent landscape, and we hope that by removing some of the friction that exists in the secondary market for patents, this program might…
  • Friday Round-Up: Azerbaijan Gets a Patent for National Breakfast

    Stephen Jenei
    1 May 2015 | 1:07 pm
    According to Abulfas Garayev, Minister of Culture and Tourism, the Ministry has received a patent for the Azerbaijan breakfast brand. According to the Minister: “The new brand will be introduced in several hotels for the first time during the European Games to be held in Baku this June. Later it will be introduced in all the hotels of the country in compulsory order. Azerbaijan breakfast is a brand, which will not only promote the national cuisine but also will contribute to improvement of service quality in hotels.” According to the Minister, the patent was issued only for breakfast…
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    Religion Clause

  • Court Orders Another Election For Small Church's Board

    Howard Friedman
    25 May 2015 | 8:28 pm
    In Rock Church, Inc. v. Venigalla, (NY York Co. Sup. Ct., May 14, 2015), a New York state trial court rejected a challenge to its jurisdiction over a disputed election in a small church whose some 30 members were split over whether to fire its pastor after his decision to reduce the number of Sunday services from two to one. The court had previously ordered that a meeting be held to elect a full Board.  This suit challenges the validity of that election in which the faction opposing the pastor was voted into office after a third vote at which the pastor's supporters claim numerous…
  • Official Results and Reactions To Ireland's Marriage Equality Referendum

    Howard Friedman
    25 May 2015 | 7:53 pm
    The official results of Ireland's referendum last Friday (see prior posting) that approved same-sex marriage was 62.07% yes and 37.93% no. (60.52% of the voters turned out for the election,) In a speech on Saturday (full text) welcoming the result, Ireland's Prime Minister Enda Kenny said in part:So – the people went to the polls. It passed. The answer is YES. Yes to their future. Yes to their love. Yes to their equal marriage. That yes is heard loudly across the living world as a sound of pioneering leadership of our people and hopefully across the generations of gay men and women…
  • Obama Addresses Synagogue For Jewish American Heritage Month [corrected]

    Howard Friedman
    22 May 2015 | 10:48 am
    President Obama this morning delivered a 30-minute address (full text) at Adas Israel Congregation in Washington, D.C. to mark Jewish Heritage Month. Here is an excerpt from his wide-ranging speech:Now, I wanted to come here to celebrate Jewish American Heritage Month because this congregation, like so many around the country, helps us to tell the American story.  And back in 1876, when President Grant helped dedicate Adas Israel, he became the first sitting President in history to attend a synagogue service.  And at the time, it was an extraordinarily symbolic gesture -- not just…
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  • Bad for the Juice: The TTAB’s phantom tag

    Ron Coleman
    13 May 2015 | 12:50 pm
    No, not that Juice.  He’s got enough trouble already.  (And no, not the Juice that has this guy all in a froth either.)  I write, rather, about the too-clever-by-half would-be parodists recently sluiced through the ringer by a family-size panel of the TTAB in a case reported by, of course, John Welch, to wit: An augmented panel (seven judges) of the TTAB sustained an opposition to registration of the mark THE HOUSE THAT JUICE BUILT for T-shirts, baseball caps, hats, jackets and sweatshirts, the mark “THE HOUSE THAT JUICE BUILT” for mugs, and the design mark shown…
  • Dimming star?

    Ron Coleman
    6 May 2015 | 2:21 pm
    Originally posted 2008-01-31 11:43:10. Republished by Blog Post PromoterAnn Althouse: Starbucks used to seem like a luxury brand, and now it feels like a fallback when you can’t get to the real thing. Ouch. (Via Instapundit.) Ann sees it happening in the automated coffee machines in the shops. But could it have to do with branding incoherence typified by this?
  • Likelihood of jurisdiction

    Ron Coleman
    6 May 2015 | 2:21 pm
    Appellate courts, we see, choose what interests them, and how much.  Sometimes they surprise the parties and their counsel. We weren’t all that shocked about the argument in Naffe v. Frey, the free-blogger-speech case involving Patterico, but perhaps the degree of the court’s emphasis on one issue as opposed to the other was a bit surprising.  We (the legal team including Ken from Popehat) were ready for it, however. You’ll understand what I mean if you scan the brief, and then behold the oral argument: I love my job.
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    Grits for Breakfast

  • In-person-visitation bill nears finish line, grandfathers video-only facilities

    23 May 2015 | 6:55 am
    Legislation by Rep. Eric Johnson (SB 549) to require most Texas county jails to provide in-person visitation (grandfathering a baker's dozen that built video only facilities in the last few years) has cleared committee in the second chamber this week and will soon become eligible for approval by the full senate. Senate Criminal Justice Committee Chairman John Whitmire is carrying the bill in the senate. A Dallas News editorial last weekend explained why it's urgent that the bill pass this session:More and more counties will build or retrofit their jails to prevent inmates and their families…
  • Abbott: Texas intends to comply with federal prison rape regs

    23 May 2015 | 4:49 am
    Reversing course from Gov. Rick Perry's rash decision last year, Gov. Greg Abbott announced that Texas will seek to fully comply with the Prison Rape Elimination Act, reported the Texas Tribune. Readers may recall this blog broke the story about Perry's decision to thumb his nose at this federal law whose origins, ironically, lie in Texas.Abbott's statement does not immediately evelop Texas in the bosom of federal compliance, reported Patrick Svitek, because, "Under the PREA, governors also have to guarantee they will use at least five percent of justice department grant money in their…
  • Still a chance for surcharge reform bills in home stretch

    22 May 2015 | 4:06 am
    With not much time to spare, CSSB 93, which in its revised form would make Texas DPS stop suspending driver licenses for unpaid Driver Responsibility surcharges, passed the senate yesterday on a 28-3 vote. See MSM coverage here, here, and here. This would be the most significant Driver Responsibility reform which has so far passed either chamber this year. The bill has been received from the senate and would need a referral today and a near-instant hearing in the House and a lot of luck to make it all the way through the process. UPDATE: This bill unanimously passed out of House…
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    Drug and Device Law

  • Weird "Science" = Preemption

    Steven Boranian
    22 May 2015 | 7:18 am
    Here at the DDL Blog, we write from time to time on food litigation.  You might think it’s out of left field, and sometimes we even justify our food posts by pointing out that the “F” in FDCA stands for “Food.”  But we need not be so clever.  The real reasons why we write on food cases can be summed up in two phrases:  federal preemption and class actions.  You might throw in preemption’s weaker sibling, primary jurisdiction, but that rarely applies in drug and device cases, so we won’t.  (Although we do sometimes write on primary jurisdiction, such…
  • The Mall Is Closed: Forum Shoppers Sent Home To Germany In Southern District Of Ohio’s Forum Non Conveniens Dismissal

    Rachel B. Weil
    21 May 2015 | 11:41 am
    As she famously clicked her ruby slippers together, Dorothy Gail proclaimed, “There’s no place like home.”  Such was the conclusion of the United States District Court for the Southern District of Ohio in Hefferan v. Ethicon, 2015 WL 2169689 (S.D. Ohio May 8, 2015).   Hefferan isa relatively rare example of complete dismissal of a case pursuant to the doctrine of forum non conveniens, a doctrine that has largely been supplanted by the transfer statute, 28 U.S.C. 1404(a), in cases in which another United States court provides an appropriate forum.  In Hefferan,…
  • “Age Defying” Make-up Case Only Partially Defies Preemption

    Steve McConnell
    20 May 2015 | 4:30 am
     Coco Chanel said that nature gives you your face at 20, but you earn your face at 50.  Perhaps that is not so different from Mark Twain’s theory that one’s wrinkles should merely be monuments to smiles.  Those platitudes do nothing to stop people from trying to escape or cover up the effects of aging on our countenances.  It is a big business.  Revlon markets cosmetics under the brand name of “Revlon Age Defying with DNA Advantage.”  It is hard to conceive of anything that is more redolent of puffery.  Nevertheless, plaintiffs brought a class action…
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    Crime and Consequences Blog

  • A Pause to Remember, Part II

    Bill Otis
    25 May 2015 | 2:05 pm
    There are many nearly unbelievable stories of bravery to be shared on Memorial Day, but this one, related by Scott Johnson on Powerline, stood out to me.Big for his age at 14, Jack Lucas begged his mother to help him enlist after Pearl Harbor. She collaborated in lying about his age in return for his promise to someday finish school. After training at Parris Island, he was sent to Honolulu. When his unit boarded a troop ship for Iwo Jima, Mr. Lucas was ordered to remain behind for guard duty. He stowed away to be with his friends and, discovered two days out at sea, convinced his commanding…
  • Will the Mob Tolerate an Acquittal? Part III

    Bill Otis
    25 May 2015 | 6:19 am
    The makings of a riot had come together Saturday night in light of the acquittal of a Cleveland policeman on charges of voluntary manslaughter.  Some violence had already begun, as I noted here.But this time, there was a difference.  Because protection of citizens is apparently taken more seriously in Cleveland than in Baltimore, the police did not retreat. Instead, they were at the ready.  Paul Mirengoff has the story:[T]he Cleveland police declined to tolerate lawlessness. Paula Bolyard of PJ Media reports:Cleveland police were taking no chances in the wake of the acquittal…
  • A Pause to Remember

    Kent Scheidegger
    25 May 2015 | 12:00 am
    Let us take a moment today to remember those who gave their lives in defense of freedom.  Without their brave and selfless sacrifices, the world would be a very different and far less free place than it is today.Just as important is passing on our traditions and values to succeeding generations.  In this photo, Scouts place flags on graves at the Cypress Hills National Cemetery in Brooklyn, New York.  Click on the photo for a larger view.
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  • Sunday Night Open Thread

    24 May 2015 | 6:43 pm
    Time for a new open thread. Here it is, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
  • Sunday TV Watching

    24 May 2015 | 6:33 pm
    It's been raining and cold in Denver for days. Perfect activity for being indoors on a holiday weekend: Watching the final 24 episodes of Season 1 of El Cartel, aka Cartel De Los Sapos (Cartel of the Snitches.) Unimas has been re-airing episodes... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
  • India Prepares 28k Chargesheet Against Shami Witness

    24 May 2015 | 2:47 pm
    The Bangladore Police say they will file charges against Mehdi Masroor Biswas, aka @Shami Witness, next week. We have finally received the MHA’s approval. Now, we will file the chargesheet against him next week. We have built a solid case.... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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    TheFunded Founder Institute News

  • Turn Your Ideas and Passion into a Dream Startup at a Free Entrepreneur Event

    25 May 2015 | 9:15 pm
    The Founder Institute hosts thousands of free startup events across the globe each year, in over [total_cities] cities across six continents. These events are designed to help aspiring entrepreneurs improve their ideas and entrepreneurial skills, all in a low-pressure environment. At Founder Institute events, you can meet and learn from successful entrepreneurs, get feedback on your ideas, come up with new ideas, recruit potential co-founders, and more. They are the perfect starting point for beginning your entrepreneurship journey. We have several events coming up in the next few…
  • 3 Ways to Acquire Backers Before the Launch of Your Crowdfunding Campaign

    22 May 2015 | 3:20 pm
    The post was written by Seedkicks, a crowdfunding portal that helps entrepreneurs raise capital to fund their business  Crowdfunding can be a great source of startup capital, but most entrepreneurs are confused on what it takes to have a successful campaign. The truth is, most backers to your project are going to be ones that you have recruited yourself. At Seedkicks, we've seen countless campaigns run on our platform, as well as others that have succeeded with this technique. Put simply, the best strategy for a winning campaign is acquiring backers before launch.
  • FI Grads Hit Funding Goals On Kickstarter, Mywedhelper Winner Of Entrepreneurship Program, and more Grad News

    20 May 2015 | 2:50 pm
    Since launching in 2009, the Founder Institute has helped launch over 1,310 new technology companies across 85 cities, 40 countries, and six continents. These companies have gone on to do great things, and create over 10,000+ new jobs. Over the past week, GoFar and MakerBloks achieve crowdfunding goals within two days on Kickstarter, Mywedhelper selected as a winner of the MasterCard Women in Entrepreneurship program, and more Grad News. Below is a roundup of recent Founder Institute Graduates in the news: GoFar Hits Goal on Kickstarter within 48 hrs to Make Every Car a "Smart Car": GoFar -…
  • How to Become a Balanced Entrepreneur, with Ben Larson

    18 May 2015 | 4:30 pm
    Being a great entrepreneur takes no small amount of finesse. From one perspective, you are supposed to be composed, calculating, and have it all figured out. From another perspective, you are supposed to be slightly crazy, have endless amounts of energy, and the ability to “just do it.” With all that a great entrepreneur is supposed to be, it can be very easy for beginners to get lost. What parts of your entrepreneurial brain are you supposed to exercise and at what times? Ben Larson, Director of the San Francisco Founder Institute chapter, has some great ways to simplify the…
  • MakerBloks Rethinking How Kids Learn Electronics Hits Crowdfunding Goal in Two Days

    18 May 2015 | 4:30 pm
    MakerBloks gained huge success on Kickstarter by reaching its $25,000 goal on the second day of its crowdfunding campaign. Their Kickstarter campaign launched on Tuesday morning, raising over $20,000 within 24-hours and reached its goal on Wednesday afternoon. The report was originally delivered by Jacob Serebrin in a Techvibes article titled “MakerBloks Hits Crowdfunding Goal in Two Days, Wants to Rethink How Kids Learn Electronics.” MakerBloks and its founder Francois Poirier, a former product designer for toy-maker Mattel, are graduates of the Montreal Founder Institute.
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  • This week at the Court

    Kali Borkoski
    22 May 2015 | 9:01 pm
    On Monday the Court will be closed in observance of Memorial Day. On Tuesday at 9:30 a.m. we expect orders from the Court’s May 20 Conference, followed by one or more opinions at 10. We will begin live-blogging shortly before 9:30.
  • Petition of the day

    Maureen Johnston
    22 May 2015 | 7:32 pm
    The petition of the day is: Evenwel v. Abbott 14-940Issue: Whether the three-judge district court correctly held that the “one-person, one-vote” principle under the Equal Protection Clause allows States to use total population, and does not require States to use voter population, when apportioning state legislative districts.
  • Updating the Court on the birth-control mandate

    Lyle Denniston
    22 May 2015 | 5:33 am
    The Obama administration notified the Supreme Court on Thursday of two more of its appeals-court victories in the running legal battles over religious groups’ protests against the new birth-control mandate in the federal Affordable Care Act.   It did so in a letter submitted in two cases that have been in a kind of legal limbo at the Court for the past month. The letter by Solicitor General Donald F. Verrilli, Jr., noted new rulings by two federal appeals courts that extended a trend of decisions rejecting claims that the government is trying to coerce religious groups such as…
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    Jim Calloway's Law Practice Tips Blog

  • Twitter Just Became More Important for Lawyer Marketing

    Jim Calloway
    22 May 2015 | 10:21 am
    Previously I posted about The Right SEO for Your Law Practice Digital Edge podcast where Jennifer Ellis indicated that good Search Engine Optimization (SEO) now costs more than most law firms would be willing to pay, particularly small law firms....
  • The Right SEO for Your Law Practice

    Jim Calloway
    15 May 2015 | 8:16 am
    We hosted attorney Jennifer Ellis for our Digital Edge podcast "Website Wizardry: The Right SEO for Your Law Firm." Jennifer manages the online presence of the law firm where she works and also assists law firms with their websites, social...
  • Those Hated Timesheets- Are You Still Using Them?

    Jim Calloway
    12 May 2015 | 9:46 am
    Most lawyers hate filling out timesheets to record their billable time. Lawyers are also not perfect at accomplishing this, leading every company with a time and billing product to tout how much money can be made if only every bit...
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    Robert Ambrogi's LawSites

  • A Most Unusual Episode of Lawyer2Lawyer (Hint: It Involves Beer)

    Robert Ambrogi
    22 May 2015 | 11:52 am
    It is not every day that I get to record a podcast episode in a brewery. For that matter, I don’t usually drink beer while conducting an interview. But for our interview with the hosts of the FOSS+Beer podcast, we set up our mikes in Beryl’s Beer Co. in Denver, Colo. And since Beryl’s is in […] The post A Most Unusual Episode of Lawyer2Lawyer (Hint: It Involves Beer) appeared first on Robert Ambrogi's LawSites.
  • Social Media is Theme of Super Marketing Conference June 4 in Boston

    Robert Ambrogi
    22 May 2015 | 10:00 am
    Need help with your social media marketing? Hear from over a dozen legal marketing experts at the fifth annual Super Marketing Conference presented by the Massachusetts Law Office Management Assistance Program (LOMAP) and the American Bar Association’s Law Practice Division. The conference will take place June 4, 9 a.m. to 5:30 p.m., at MCLE in Boston. […] The post Social Media is Theme of Super Marketing Conference June 4 in Boston appeared first on Robert Ambrogi's LawSites.
  • New PacerPro Service Automatically Retrieves and Delivers Federal ‘Free Look’ Documents

    Robert Ambrogi
    11 May 2015 | 6:13 am
    If I were to tell you that a new service could help you avoid a $40 million mistake in litigation, would you be interested? The mistake to which I refer was Sidley Austin’s failure to timely read orders referenced in a notice of electronic filing (NEF). The orders denied Sidley’s post-trial motions filed on behalf […] The post New PacerPro Service Automatically Retrieves and Delivers Federal ‘Free Look’ Documents appeared first on Robert Ambrogi's LawSites.
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    Wise Law Blog

  • 140Law - Legal Headlines for the Week of May 18th

    Rachel, Law Clerk and Office Manager
    25 May 2015 | 5:12 am
    Here are the leading legal headlines from Wise Law on Twitter:Ex-Israeli Premier Olmert Sentenced to 8 Months in PrisonChange in overtime rules could lead to more suits over worker emails sent outside workRisk management strategies to reduce your risk of a claim under the new Ontario Rule 48.14Sony Terms With Spotify Uncovered in ContractOntario employers get slap on wrist for mistreating employeesNational Post Interview With Chief Justice of Canada Beverley McLachlin“I’m not totally satisfied”: Dalhousie professor on dentistry report Ontario judge finds police tone deaf about right to…
  • 140Law - Recent Legal Headlines

    Rachel, Law Clerk and Office Manager
    19 May 2015 | 8:21 am
    Here are the leading legal headlines from Wise Law on Twitter:Employee tracking apps raise worker privacy questionsEditorial: Law Society failing vulnerable refugee claimants | The Toronto StarOntario Passes Protecting Child Performers Act | Entertainment & Media Law SignalPresiding at Same-Sex Wedding, Ruth Bader Ginsburg Emphasizes the Word ‘Constitution’Bid to force articling positions shot down at LSUC192 Arrested in Waco Biker KillingsOntario court asked to find cops posing as journalists a charter breachStarbucks not liable for burns sustained by police officer, jury findsCourt…
  • Migrating from Windows Live Mail to MS-Outlook

    Rachel, Law Clerk and Office Manager
    19 May 2015 | 5:33 am
    Which email client does your law office use?I raise this question, as the purchase of a new computer for my desktop has necessitated the migration of all my emails – around 20 Gigs worth – to my new machine.Out of habit, if nothing else, we have used Windows Live Mail as my office’s email client of choice.While I suspect MS-Outlook has long been most lawyers’ preferred email software, I was always fond of Outlook Express, the predecessor to Windows Live Mail. When OE was discontinued, we migrated to Windows Live Mail as the path of least resistance.Windows Live Mail,…
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  • ABA TECHSHOW 2015 – A Few Reflections

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

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

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

  • Writing Tips from a Pro

    Gerry Riskin
    20 May 2015 | 9:37 pm
    Whether asked to deliver a speech or write an article for a magazine whose audience is primarily non-lawyers, many lawyers find it a challenge to present their ideas in a clear, straightforward fashion without resorting to legalese. In a recent blog post, Eric Barker offered some assistance to anyone who is stymied by the prospect of a blank page. The post, entitled “How to Be a Better Writer,” distils some of the key guidelines on effective writing that are offered in the best-selling book, The Sense of Style: The Thinking Person’s Guide to Writing in the 21st Century, by…
  • How Much Do You Know about the Internet?

    Gerry Riskin
    6 May 2015 | 9:19 pm
    Sam Glover, founder of The Lawyerist, believes that all lawyers must be familiar with the fundamental operating principles of the technology that we use every day. In his opinion, basic knowledge of the internet and how computers work is essential to the maintenance of legal competence as set out in the American Bar Association’s Rule 1.1. – specifically Comment 8, which talks about “the benefits and risks associated with current technology.” Glover argues that without knowledge of how the internet came into being and how it works, we cannot competently assess the risks to…
  • How Managing Partners Can Help Administrators Achieve Firm Objectives

    Gerry Riskin
    29 Apr 2015 | 9:21 pm
    I was pleased to have been invited to contribute an article to the Jan/Feb 2015 edition of Administrator’s Advantage, the newsletter of the Greater Chicago Chapter of the Association of Legal Administrators. In it, I outline some of the problems typically faced by managing partners in their work with firms’ administrative teams, and the challenges faced by the administrators themselves. The goal of the article was to set out ways in which these two sectors of the law firm can work together more successfully and openly to achieve objectives that are of benefit to the entire firm.
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    LawBiz® Blog

  • Your Brand is You

    Ed Poll
    20 May 2015 | 2:46 pm
    Going from one generation to another in the 1980s when I was asked to be the law firm’s Chief Operating Officer was difficult enough … and dysfunctional if seen from a 50,000 foot level. But, today, with four generations in the same workspace and literally competing for the same jobs/clients, many conflicts and sparks emerge that wouldn’t otherwise. It’s a wonder that law firms continue to grow in such an environment … of course, such growth does provide “hiding” space to some extent for conflict. See “Bad for the Brand” author, Jonathan Fitzgerald,…
  • This is Not the time to walk away from your client

    Ed Poll
    12 May 2015 | 9:52 am
    From 2000 to 2007, over 42,000 legal malpractice lawsuits were reported to liability (malpractice) insurers, according to the American Bar Association Standing Committee on Lawyers Professional Liability. This committee segregated 21 root causes of negligence across all practice areas. Only one such root cause accounted for over 10% of the total claims. “… This root cause is failure to know or apply the law…” This accounts for 11.3% of the total. As one pundit said, that’s an easy one to correct by “…sticking to your knitting…” Handle only matters you are…
  • Even Lawyers Can Be Taxed

    Ed Poll
    11 May 2015 | 11:55 am
    In 2009, the voters of the city of San Francisco approved proposition Q. The net effect of this initiative was to tax the payroll of partnerships, including lawyers, hedge fund managers and doctors. The California Supreme Court recently denied review of a lower court’s decision that this is a legitimate tax voted on by the people of San Francisco. The protagonists were essentially fighting about a decade’s worth of payroll taxes, a not inconsequential amount of money. The city is in the midst of a transition away from payroll taxes to gross receipts taxes. The counter argument…
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    Charon QC

  • Charon to be restaurant critic….

    Charon QC
    1 May 2015 | 9:10 am
    Originally posted on Charon QC: You may find this truly astonishing, but I have been invited by Della Croft, the MD of Law And More, of which more later, and Vanessa Wozniak, the Editor of the LawandMore online magazine ……to be their guest restaurant critic! To be fair, at the age I am, I have eaten quite a bit of food and have done my best to sample and taste the wines of the world. I think I’ll be able to ‘hack’ it. I was offered this guest spot on the strength of a restaurant review I did on Charon a year ago – re-printed today on the LawandMore website. ***Have a look at their…
  • Guest Post: Cuts to Legal Aid mean “Guilty Will Go Unpunished”

    Charon QC
    13 Jan 2014 | 1:47 am
    Monday 6th of January was a momentous day for the British legal system. For the first time in the history of their profession, barristers staged a strike in protest over proposed cuts to the legal aid bill. Hundreds of trial lawyers, dressed head to toe in their traditional garb – black gowns, grey wigs, white bow ties – took part in vocal demonstrations outside the Old Bailey with the aim of convincing the justice secretary, Chris Grayling, to reconsider the planned reductions. The Ministry of Justice claims that the cuts will slash £220 million from government spending, but the…
  • Just a few thoughts… fortunately, I still have the ability to have some thoughts…

    Charon QC
    10 Jan 2014 | 1:41 am
    And where would we be without our Police ?
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    Newswire RSS

  • 2014 Bar Exam Takers to Get Refund for Software Glitch

    19 May 2015 | 8:00 am
    Aspiring lawyers who ran into technical problems while trying to upload their exam responses during the July 2014 bar examination are eligible for $90 each from software company ExamSoft Worldwide Inc. under a class action settlement.
  • Law Schools: This is the Moment — for Clinics

    18 May 2015 | 9:00 am
    In this special report, we highlight six law school clinics taking new approaches to student learning, breaking into new areas of the law or that have impressive track records of success.
  • Foreclosure Firm Butler & Hosch Shuts Down

    18 May 2015 | 8:21 am
    Considered one of the largest foreclosure law firms in the country, the Orlando-based firm closed its doors abruptly and filed an assignment for the benefit of creditors in Florida state court.
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    Peter Black's Freedom to Differ

  • Best Australian law schools according to the QS World University Rankings (Peter Black)
    29 Apr 2015 | 4:55 am
    The QS World University Rankings 2015 for Law have been released. The QS World University Rankings is one of the few international rankings that also provide subject rankings, including for law. While these rankings are always somewhat arbitrary and imprecise, they are nonetheless interesting. As such, I have compiled a list of the best universities in Australia study law, according to the QS World University Rankings.   I've placed in brackets the overall rankings for 2015, 2014, 2013 and 2012: 1. The University of Melbourne (8, 8, 5, 8) 2. The University of Sydney (13, 13, 10, 10) 3.
  • Best Australian law schools according to the QS World University Rankings (Peter Black)
    25 Feb 2014 | 9:27 pm
    The QS World University Rankings 2014 for Law have been released. The QS World University Rankings is one of the few international rankings that also provide subject rankings, including for law.  While these rankings are always somewhat arbitrary and imprecise, they are nonetheless interesting.  As such, I have compiled a list of the best universities in Australia study law, according to the QS World University Rankings.   I've placed in brackets the overall rankings 2014, 2013 and 2012: 1. The University of Melbourne (8, 5, 8) 2. The University of Sydney (13, 10, 10) 3. The…
  • Daily Twitter Links (Peter Black)
    1 Oct 2013 | 12:28 am
  • add this feed to my.Alltop - Newswire

  • 2014 Bar Exam Takers to Get Refund for Software Glitch

    19 May 2015 | 8:00 am
    Aspiring lawyers who ran into technical problems while trying to upload their exam responses during the July 2014 bar examination are eligible for $90 each from software company ExamSoft Worldwide Inc. under a class action settlement.          
  • Law Schools: This is the Moment — for Clinics

    18 May 2015 | 9:00 am
    In this special report, we highlight six law school clinics taking new approaches to student learning, breaking into new areas of the law or that have impressive track records of success.          
  • Foreclosure Firm Butler & Hosch Shuts Down

    18 May 2015 | 8:21 am
    Considered one of the largest foreclosure law firms in the country, the Orlando-based firm closed its doors abruptly and filed an assignment for the benefit of creditors in Florida state court.          
  • add this feed to my.Alltop - Newswire

  • 2014 Bar Exam Takers to Get Refund for Software Glitch

    19 May 2015 | 8:00 am
    Aspiring lawyers who ran into technical problems while trying to upload their exam responses during the July 2014 bar examination are eligible for $90 each from software company ExamSoft Worldwide Inc. under a class action settlement.          
  • Law Schools: This is the Moment — for Clinics

    18 May 2015 | 9:00 am
    In this special report, we highlight six law school clinics taking new approaches to student learning, breaking into new areas of the law or that have impressive track records of success.          
  • Foreclosure Firm Butler & Hosch Shuts Down

    18 May 2015 | 8:21 am
    Considered one of the largest foreclosure law firms in the country, the Orlando-based firm closed its doors abruptly and filed an assignment for the benefit of creditors in Florida state court.          
  • add this feed to my.Alltop - Newswire

  • 2014 Bar Exam Takers to Get Refund for Software Glitch

    19 May 2015 | 8:00 am
    Aspiring lawyers who ran into technical problems while trying to upload their exam responses during the July 2014 bar examination are eligible for $90 each from software company ExamSoft Worldwide Inc. under a class action settlement.          
  • Law Schools: This is the Moment — for Clinics

    18 May 2015 | 9:00 am
    In this special report, we highlight six law school clinics taking new approaches to student learning, breaking into new areas of the law or that have impressive track records of success.          
  • Foreclosure Firm Butler & Hosch Shuts Down

    18 May 2015 | 8:21 am
    Considered one of the largest foreclosure law firms in the country, the Orlando-based firm closed its doors abruptly and filed an assignment for the benefit of creditors in Florida state court.          
  • add this feed to my.Alltop - Newswire

  • 2014 Bar Exam Takers to Get Refund for Software Glitch

    19 May 2015 | 8:00 am
    Aspiring lawyers who ran into technical problems while trying to upload their exam responses during the July 2014 bar examination are eligible for $90 each from software company ExamSoft Worldwide Inc. under a class action settlement.          
  • Law Schools: This is the Moment — for Clinics

    18 May 2015 | 9:00 am
    In this special report, we highlight six law school clinics taking new approaches to student learning, breaking into new areas of the law or that have impressive track records of success.          
  • Foreclosure Firm Butler & Hosch Shuts Down

    18 May 2015 | 8:21 am
    Considered one of the largest foreclosure law firms in the country, the Orlando-based firm closed its doors abruptly and filed an assignment for the benefit of creditors in Florida state court.          
  • add this feed to my.Alltop - Newswire

  • 2014 Bar Exam Takers to Get Refund for Software Glitch

    19 May 2015 | 8:00 am
    Aspiring lawyers who ran into technical problems while trying to upload their exam responses during the July 2014 bar examination are eligible for $90 each from software company ExamSoft Worldwide Inc. under a class action settlement.          
  • Law Schools: This is the Moment — for Clinics

    18 May 2015 | 9:00 am
    In this special report, we highlight six law school clinics taking new approaches to student learning, breaking into new areas of the law or that have impressive track records of success.          
  • Foreclosure Firm Butler & Hosch Shuts Down

    18 May 2015 | 8:21 am
    Considered one of the largest foreclosure law firms in the country, the Orlando-based firm closed its doors abruptly and filed an assignment for the benefit of creditors in Florida state court.          
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    UNDERDOG - Fairfax Criminal/DWI Attorney - Northern Virginia.

  • The importance of helping the prosecutor and judge reach the right decision.

    21 May 2015 | 9:00 pm
    By Fairfax/Northern Virginia Criminal Defense/DWI lawyer Jon Katz. Pursuing the best outcome for felonies, misdemeanors, drugs, marijuana, sex crimes, prostitution, weapons, assault, and all other alleged crimes. In the state courts where I practice, my number of clients overall and for the day ordinarily is substantially smaller than the number of litigants the prosecutor and judge are dealing with. That means I can put much more time into preparing the case than the prosecutor and judge can focus on the case, which strengthens the defense team and helps me offset any downside of the…
  • Several ounces and thousands of dollars by themselves do not prove possession with intent to distribute marijuana

    20 May 2015 | 9:00 pm
    By Fairfax/Northern Virginia Criminal Defense/DWI lawyer Jon Katz. Pursuing the best outcome for felonies, misdemeanors, drugs, marijuana, sex crimes, prostitution, weapons, assault, and all other alleged crimes. Police and prosecutors routinely have a knee-jerk claim that a few ounces of marijuana coupled with a few thousand dollars amounts to intent to distribute the marijuana. Let us say that police lawfully stop a suspect's car, lawfully find two ounces of marijuana and a few thousand dollars in the car, lawfully get the driver's admission that the marijuana and money are his, and obtain…
  • Challenging claims that the defendant is the source of an incriminating email.

    17 May 2015 | 9:00 pm
    By Fairfax/Northern Virginia Criminal Defense/DWI lawyer Jon Katz. Pursuing the best outcome for felonies, misdemeanors, drugs, marijuana, sex crimes, prostitution, weapons, assault, and all other alleged crimes. Recently, some colleagues brainstormed by email about challenging claims that the defendant is the source of an incriminating email. I replied: Points of attack on such claims include challenging that email addresses are not self-authenticating, and that claims that the defendant has used the email address are inadmissible hearsay and conclusory unless a testifying witness has seen…
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    The Legal Satyricon

  • Il Soldato — Natale C. Misuraca

    24 May 2015 | 10:55 am
    Originally posted on The Legal Satyricon:Pvt. Natale Misuraca Today being Memorial Day, I thought I’d write about my favorite war hero, my grandfather Natale Misuraca – or as we all knew him, “Papa.” Natale Misuraca was born in Boston to immigrants from Terrasini, Sicily. Like most Terrasinese, his family wound up in Gloucester, Massachusetts—a…
  • Dancing Man

    24 May 2015 | 10:21 am
    If aliens are watching us, and trying to decide whether our planet should remain where it is, or be destroyed to make way for an intergalactic bypass, I hope they see this story — because they might just move the bypass if they do. Maybe. As long as we can keep them from finding out […]
  • The right thing to say…

    22 May 2015 | 5:25 pm
    Las Vegas lawyer, Barry Levinson, after getting sentenced to jail. “I embarrassed Las Vegas. I let everybody down,” he said. “I accept responsibility for what happened. It’s my fault. I made the mistakes. I’m paying for it.” (source) Not excusing his conduct, but from a public relations standpoint, that’s how you handle it. Filed under: […]
  • add this feed to my.Alltop - Newswire

  • 2014 Bar Exam Takers to Get Refund for Software Glitch

    19 May 2015 | 8:00 am
    Aspiring lawyers who ran into technical problems while trying to upload their exam responses during the July 2014 bar examination are eligible for $90 each from software company ExamSoft Worldwide Inc. under a class action settlement.          
  • Law Schools: This is the Moment — for Clinics

    18 May 2015 | 9:00 am
    In this special report, we highlight six law school clinics taking new approaches to student learning, breaking into new areas of the law or that have impressive track records of success.          
  • Foreclosure Firm Butler & Hosch Shuts Down

    18 May 2015 | 8:21 am
    Considered one of the largest foreclosure law firms in the country, the Orlando-based firm closed its doors abruptly and filed an assignment for the benefit of creditors in Florida state court.          
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    Chicago IP Litigation

  • The Courts and Patent Litigation

    Anthony Fuga
    25 May 2015 | 4:03 am
    We often hear concerns with the ability or the willingness of the courts to handle sophisticated patent cases.  While we feel the concern is overstated, there are legitimate concerns.  Roy Strom examines a number of these concerns and how they are being remedied in this month’s issue of the Chicago Lawyer. One remedy in the Northern District of Illinois is the Patent Pilot Program (the “Program”).  Mr. Strom introduces the Program by pointing to the former chief judge of the Northern District of Illinois, Judge James F. Holderman.  The Program, which Judge Holderman opted into in…
  • Covered Business Method Review of Four of Fifteen Patents Warrants Stay

    R. David Donoghue
    22 May 2015 | 4:08 am
    Trading Techs. Int’l, Inc. v. BCG Partners, Inc., Nos. 10 C 715, 716, 718, 720, 721, 726, 882-885, 929 & 931, Slip Op. (N.D. Ill. Mar. 25, 2015) (Kendall, J.). Judge Kendall granted defendants’ motion to stay this patent litigation pending the Patent Office’s (“PTO”) Covered Business Method Review (“CBM”) of at least four of plaintiff Trading Technologies’ (“TT”) fifteen patents-in-suit involving futures trading software.  For more on this series of cases and the other related cases, click here for the Blog’s archives. The PTO granted certain defendants’ petition…
  • Bit Torrent Default Judgment Gets $750/Movie

    R. David Donoghue
    20 May 2015 | 2:57 am
    Malibu Media, LLC v. Funderburg, No. 13 C 2614, Slip Op. (N.D. Ill. Apr. 24, 2015) (Dow, J.). Judge Dow granted plaintiff Malibu Media’s motion for default judgment in this copyright case regarding pornographic movies.  Malibu Media sufficiently pled copyright infringement: 1) Malibu Media owned a copyright in the movie; and 2) defendant downloaded “bits” of that movie that constituted “constituent elements” of the work. While courts have challenged the sufficiency of the connection between an ISP address and an account holder as the accused infringer, Malibu Media met its burden…
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    Ohio Employer's Law Blog

  • New poll reveals continued risk in Googling job applicants

    Jon Hyman
    21 May 2015 | 3:30 am
    According to a recently published Harris Poll, 52 percent of employers use social media to research job candidates. This number is up from 43 percent in 2014 and 39 percent in 2013. What information are employers looking for? 60 percent are looking for information that supports their qualifications for the job. 56 percent want to see if the candidate has a professional online persona. 37 percent want to see what other people are posting about the candidate. 21 percent admit they’re looking for reasons not to hire the candidate. The same poll found that 35 percent of…
  • Employment Law Blog Carnival: The “Wreck of the Old 97” Edition #ELBC

    Jon Hyman
    20 May 2015 | 4:35 am
    On September 27, 1903, the Old 97, a Southern Railway mail train running between Washington DC and Atlanta, Georgia, derailed near Danville, Virginia. The wreck inspired a famous ballad (most famously covered by Johnny Cash and Hank Williams III), which, in turn, inspired the Old 97’s to name their band some 70 years later. I’m not shy with my love for the Old 97’s. Part of my adoration stems from how great their music is. And it’s not just the jangly vibe that kills on an album, or in a bar, or in a concert hall. Rhett Miller writes some of the best lyrics you will ever find, with…
  • Some thoughts on arbitration agreements for employees

    Jon Hyman
    19 May 2015 | 5:17 am
    Recently, the Cuyahoga County Court of Appeals stymied an attempt by an employer to enforce an arbitration agreement against an employee. The employer was a Burger King franchise and the employee was a former employee claiming she was raped by her supervisor in the restaurant’s men’s bathroom. The court, in Arnold v. Burger King, concluded that, for various reasons, enforcing the agreement against her and requiring her to arbitrate her claims would be unconscionable. Arnold notwithstanding, arbitration continues to the favored method used by employers to limit their potential exposure in…
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  • My alma mater now has a dedicated room for law students to engage in reflective practices

    22 May 2015 | 1:26 pm
    I was happy to see that Santa Clara Law now has a room in the library for law students, staff, and faculty. Its purpose? It is our hope that students utilize this space for silent meditation, prayer, and reflection.  A number of studies have demonstrated the value of mindfulness and meditation and its connection to academic achievement.  We aspire to make mindfulness a practice at Santa Clara Law that is open to everyone regardless of religious affiliation or background. Read more here.When I saw that the only benefits of these practices mentioned in the writeup were academic achievement…
  • The purposeful trust: A very different way of seeing and managing the transfer of assets

    21 May 2015 | 5:48 pm
    John A. Warnick, estate planning lawyer and founder of Purposeful Planning Institute, is a leader in new ways of conceptualizing the passing on of assets from one generation to the next. To learn more about his practice of the purposeful trust, you may listen to or read this recent interview of him conducted by Josh Patrick. This excerpt gives you a flavor of what Warnick creates for clients. [I]n a purposeful trust, inside the actual trust document will be text boxes where the trust creator speaks to trustees, speaks to the beneficiaries in a non-legal voice. Now, these statements generally…
  • Forthcoming Events, News, and Resources from the Initiative on Mindfulness in Law and Dispute Resolution

    14 May 2015 | 2:31 pm
    Here's a list of events, news, and resources compiled by Professor Len Riskin. Click to read his list of items related to mindfulness, law, and dispute resolution. Thanks, Len, for creating this list.
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    Privacy Law Blog

  • Digital Advertising Alliance Will Begin Enforcing Its Mobile Privacy Guidance in September

    Charley Lozada
    12 May 2015 | 7:13 am
    Charley Lozada On Thursday, the Digital Advertising Alliance (“DAA”) announced that it will enforce its previously issued “Application of Self-Regulatory Principles to the Mobile Environment” (the “Mobile Guidance”) beginning September 1, 2015. Although the Mobile Guidance was initially issued in July 2013, enforcement was delayed pending the DAA’s implementation of an effective choice mechanism for the mobile environment. In February 2015, the DAA released two mobile tools for consumers – the “AppChoices” mobile application and the “DAA Consumer Choice Page…
  • Cybersecurity Guidance for Registered Investment Advisers

    Kristen J. Mathews
    6 May 2015 | 10:08 am
    Kristen J. Mathews This client alert was prepared by my colleagues Robert Leonard, Michael Mavrides and Christopher Wells. On April 28, the Securities and Exchange Commission (SEC) released a Guidance Update addressing the importance of cybersecurity and the steps registered investment advisers (and registered investment companies) may wish to consider in light of growing cybersecurity risks. This Guidance Update is the latest instance of the SEC’s increased emphasis on cybersecurity as a priority for advisers. A Cybersecurity Roundtable was hosted by the SEC on March 26, 2014 and the…
  • Washington State Amends Breach Notification Law to Expand Notification Requirements

    Chelsea Handler
    28 Apr 2015 | 12:21 pm
    Chelsea Handler On April 23, 2015, Washington State Governor Jay Inslee signed into law a bill strengthening the state’s data breach notification law (amending Wash. Rev. Code §§ 19.255.010 and 42.56.590 and creating a new section). H.B. 1078 makes the following substantial changes to the existing law: Under the current law, businesses and agencies that own or license computerized data including personal information about a Washington resident must disclose any breach in the security of the system involving such personal information that is unencrypted. H.B. 1078 expands this requirement…
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    Lawyers, Guns & Money

  • The collapsing economics of solo legal practice

    Paul Campos
    25 May 2015 | 10:44 am
    Benjamin Barton, a professor at the University of Tennessee Law School, has generously some shared tax data he’s collected on the earnings of lawyers in private practice. Prof. Barton’s new book, GLASS HALF FULL: THE DECLINE AND REBIRTH OF THE AMERICAN LEGAL PROFESSION will be published next month by Oxford University Press. Here’s OUP’s summary: The hits keep coming for the American legal profession. Law schools are churning out too many graduates, depressing wages, and constricting the hiring market. Big Law firms are crumbling, as the relentless pursuit of profits…
  • How Much Would You Sacrifice to Win the Game of Thrones?

    Steven Attewell
    25 May 2015 | 10:29 am
    It’s another Monday, so my usual column is up at – this time, I examine the theme of sacrifice, and how far the main contenders in Westeros are willing to go to achieve their ends. FYI: the podcast will be a bit late this week due to the fact that I’m currently on a train and can’t talk atm, but SEK and I will be recording tomorrow.  
  • Memorial Day Links

    Scott Lemieux
    25 May 2015 | 9:58 am
    How Ireland got to yes. The awfulness of Quiverfull. The right and wrong questions about the Iraq War.  The Clinton Rules. Greg Mankiw, hack. I understood the logic of the Montero/Pineda trade at the time, but yikes has it worked out badly for the Mariners.  
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  • If I am 18 years old, can my school prosecute me for truancy?

    25 May 2015 | 8:26 pm
    Q: Can I be charged with a truancy violation in Pennsylvania if I'm 18 years of age? I'm 18, and I got a letter in the mail that because I have 7 unexcused absences they have notified the district and legal action may be taken. Does this truly apply to me being 18 years old? A: I shouldn't. Pennsylvania's compulsory attendance law only applies to minors up to seventeen. The school is doing their job in reporting you, but I would be very surprised if it went any farther than that.Of course, if charges are brought, you should retain counsel immediately. They can even charge your parents for…
  • How can I keep my inheritance and remain on Medicaid?

    25 May 2015 | 8:21 pm
    Q: I am a 59 year old female, legally married but my husband left me and moved from Monroeville to AZ. We had no savings and the only asset I was left was a 20 yr. old mobile home which my 20 yr. old son and I currently reside. I was a homemaker and have no skills but was able to secure a full time minimum wage fast food job with no health ins. benefits. I had no savings and I applied for Medicaid and now rely on it for health insurance. My mother recently passed away and I received an inheritance check (have not cashed) worth more than what I think Medicaid allows. I have been told that I…
  • Who gets dad's bank account?

    25 May 2015 | 8:15 pm
    Q:  Father opened a bank account in his name only in 1974. He was divorced in 1981. The bank account was not mentioned in divorce. He remarried in 1982. He died in 1998. Who does the account belong to? the first wife, current widow or kids?  Father opened bank account in his name only in 1974 and he was divorced in 1981. The bank account was not mentioned in divorce. He remarried in 1982. Died in 1998. Who does the account belong to, the first wife, current widow or kids? A: If he has a will, it goes to the person or persons in the will. If he excludes his widow, she can elect to…
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    Connecticut Employment Law Blog

  • Punitive Damages Not Authorized for State Employment Discrimination Claims, Says Court

    Daniel Schwartz
    20 May 2015 | 4:28 am
    In yesterday’s post, I talked about the case of Tomick v. UPS in looking at the prima facie case for disability discrimination. But the new Appellate Court case may be even more significant for its discussion of punitive damages.  In doing so, the Appellate Court attempts to resolve a split that had developed at the Superior Court level on whether Conn. Gen. Stat. Sec. 46a-104 authorizes an award of punitive damages in state law employment discrimination cases. First, the statute.  It states that a court “may grant a complainant… such legal and equitable relief which it…
  • Being “Qualified” Doesn’t Necessarily Mean Being Able to Perform “Essential Functions” of Job

    Daniel Schwartz
    19 May 2015 | 5:28 am
    Back in September 2013, I reported on a seemingly never-ending case of Tomick v. UPS and mentioned that it was headed to its second appeal at the Connecticut Appellate Court. (I talked about the history of the case and the first appeal back in 2012 too.  Amazingly, it dates to a termination decision way back in 2004!) Well, it’s back. Today, the Appellate Court officially released its newest decision looking at a particular issue: Namely, is an employee required to show that he was qualified to perform the essential duties of his position at the time of an adverse employment decision?
  • Be Smarter than the Average Bear: ADA Accommodations at Camp

    Daniel Schwartz
    12 May 2015 | 5:56 am
    So “bear” with me on this one. Today is Yogi Berra’s 90th birthday. The Yankee great is famous for not only his play as a baseball player but also for his sayings, such as “Half the lies they tell about me aren’t true.” He was so popular he was said to inspire the name of Yogi Bear, a popular cartoon character who lived in Jellystone Park. And what did he like saying? He was “smarter than the average bear!” But here’s where we come full circle: Jellystone Parks are now a real-life camp/resort too! And that brings me to today’s topic:…
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  • 自然な眠りのためのメラトニン

    3 May 2015 | 1:14 am
    知り合いのフライトアテンダントから教わったサプリメントです。 フライトアテンダントは職業柄、昼夜逆転がさらに逆転するような生活をしています。 それでも彼女は現地で解散の場合、買いものをたっぷりする余裕を見せていました。 理由を尋ねると、メラトニンというサプリメントがあると言われ、当時夜勤をやっていた私は休日をしっかり取るために購入&服用してみました。…
  • 今本当にキツいです

    15 Apr 2015 | 6:47 pm
    会社の上の方から残業の事や経費の事について色々言われています。 やはりこの不況で利益が上がらないとの事です。 どうしてもしょうがないなとは思いますが。 一番困っているのは仕事が定時間内で終わらない事です。 どうしても時間がかかる仕事なので時計とにらめっこしながら仕事をしています(苦笑)。 本当に矛盾を感じています。…
  • 脱毛は慣れが重要

    5 Jan 2015 | 11:43 pm
    私が持っている脱毛器は痛みが酷くてなかなか思うようにムダ毛処理ができないのですが、もう10年ほど脱毛して痛みにも慣れてきました。 このまま脱毛サロンに通わなくてもいいくらいスムーズに脱毛ができるようになり、時間も無駄にならなくなりました。 完璧に痛みに慣れたというわけではありませんが、初めて脱毛器で脱毛した時のような衝撃はありません。…
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    Special Education Law Blog

  • Weekly Question!

    Jim Gerl
    25 May 2015 | 6:00 am
    We are now running a new series which is an updated version of our previous series: An Introduction To Special Education Law. Are there any topics that we have not covered in the past that you would like to see in this Special Ed Law 101 Series? Are you enjoying the series? ------- Thanks for subscribing! Jim Gerl
  • Breaking: Supreme Court Declines To Review Special Education Stay Put Decision #scotus

    Jim Gerl
    20 May 2015 | 1:05 pm
    There are only ten decisions on special education law by the U S Supreme Court, so it was a big deal last October when the high court requested briefs on a stay put appeal from the Justice Department. Our post on the topic may be found here.  The brief filed by the Justice Department agreed with the interpretation of stay put rendered by the Third Circuit. You may read the Justice Department's brief here.Unfortunately, on Monday of this week, the Supremes denied certiorari in the case of  Ridley Sch Dist v MR by Parents, Docket No. 13-1547  By declining to consider the…
  • Weekly Question!

    Jim Gerl
    18 May 2015 | 6:00 am
    We are now running a new series which is an updated version of our previous series: An Introduction To Special Education Law. Are there any topics that we have not covered in the past that you would like to see in this Special Ed Law 101 Series? Are you enjoying the series? ------- Thanks for subscribing! Jim Gerl
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    Drug Injury Watch

  • May 2015 Diabetes Drugs - Ketoacidosis Link Warning By FDA Covers Invokana, Farxiga, And Jardiance, With Label Changes Possible

    Tom Lamb
    20 May 2015 | 11:10 am
    Case Reports Of These Sodium-Glucose Co-Transporter-2 (SGLT2) Inhibitors Causing Diabetic Ketoacidosis (DKA) Presented At Recent Medical Meeting    (Posted by Tom Lamb at   The FDA is investigating a connection between a certain class of diabetes medicines and diabetic ketoacidosis (DKA), ketoacidosis, or ketosis.  From "FDA Drug Safety Communication: FDA warns that SGLT2 inhibitors for diabetes may result in a serious condition of too much acid in the blood", issued  on May 15, 2012: The U.S. Food and Drug Administration (FDA) is…
  • Testosterone Injections Or Shots Such As Depo-Testosterone Might Have Higher Risks Of Heart Attacks, Strokes, And Deaths

    Tom Lamb
    13 May 2015 | 1:45 pm
    New Medical Research Suggests The Safety Of A Testosterone Drug Might Depend On Its Form: Injections / Shots; Creams / Gels; Skin Patches    (Posted by Tom Lamb at   On March 3, 2015 an FDA Drug Safety Communication about testosterone products was issued requiring drug companies to make a “labeling change to inform of possible increased risk of heart attack and stroke with use”. Now, according to a large retrospective cohort medical study published online by the JAMA Internal Medicine journal in May 2015, we learn that short-acting testosterone…
  • Long-Term Combined Plavix - Effient Use May Be Associated With An Increased Overall Risk Of Non-Cardiovascular Death Compared To Shorter Therapy Period

    Tom Lamb
    6 May 2015 | 12:34 pm
    FDA Drug Safety Communication Issued In November 2014 About The Dual Antiplatelet Therapy (DAPT) Trial Which Was Published In The New England Journal of Medicine   (Posted by Tom Lamb at (clopidogrel) and Effient (prasugrel) are important antiplatelet blood-thinning medicines used to prevent heart attacks, strokes, and other clot-related diseases. The Dual Antiplatelet Therapy (DAPT) trial was published by the New England Journal of Medicine (NEJM) on November 16, 2014 in this article, "Twelve or 30 Months of Dual Antiplatelet Therapy after Drug-Eluting…
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    Bankruptcy Home Blog

  • Home Foreclosure how long can I stay?

    20 May 2015 | 9:18 am
    Visit for the original content posted here, Home Foreclosure how long can I stay? Recently on our bankruptcy blog a user asked, “If I have initiated a home foreclosure do I need to leave right away or can I stay a few months?” Although home foreclosures have been in decline from their highs a few years ago, some home owners are still facing a financial crisis and have been […]
  • SSDI overpayment can it be discharged in bankruptcy?

    11 May 2015 | 9:29 am
    Visit for the original content posted here, SSDI overpayment can it be discharged in bankruptcy? Social Security Disability Insurance (SSDI) is awarded to claimants who have a severe medical health condition which is so severe it does not allow them to work for at least 12 continuous months. Recently on our bankruptcy forum a user asked, “I have received SSDI benefits for about 10 years. Recently the SSA determined I […]
  • Car loan why is it not discharged in Chapter 7?

    30 Apr 2015 | 7:48 am
    Visit for the original content posted here, Car loan why is it not discharged in Chapter 7? Although Chapter 7 bankruptcy may allow bankruptcy filers to discharge certain unsecured debts, it does not discharge secured assets such as a house or car. Secured debt, such as a car loan, is by definition collateralized by the asset. So in this case the creditor does not have to simply write off the car loan. Instead […]
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    Asbestos HUB: Medical and Legal Information

  • Recent California Mesothelioma Lawsuit Trial Verdict Involving Asbestos Exposure From Talcum Powder Use By Woman

    Tom Lamb
    11 May 2015 | 12:42 pm
    Back in November 2014 we wrote a couple of articles about the relatively little known fact that one’s past use of beauty or cosmetic products that had asbestos-contaminated talc can cause mesothelioma many years later. We pointed out that asbestos-contaminated talc is found in many personal-use products — cosmetics, body powder, baby powder, and the talc used by barbers. To learn more about talcum powder exposure causing mesothelioma, you can read those two articles: The Use Of Beauty Or Cosmetic Products That Had Asbestos-Contaminated Talc May Be The Cause Of That Mysterious,…
  • New “Orphan Drug” For Malignant Pleural Mesothelioma (MPM), CRS-207, Has Been Approved By FDA

    Tom Lamb
    3 Apr 2015 | 11:10 am
    Malignant pleural mesothelioma (MPM), a form of cancer that affects the smooth layer of mesothelial cells that surround the lungs, is the most common form of mesothelioma and accounts for approximately new 3,000 cases a year in the US. Pleural mesothelioma is an aggressive disease with a poor prognosis and most patients are not candidates for surgical resection. According to medical studies, the expected median progression-free survival for a person with pleural mesothelioma is 5.7 months and overall survival is 12.1 months with combination pemetrexed and cisplatin chemotherapy. The…
  • With The Worldwide Incidence Of Mesothelioma Increasing, A Commentator Says That Failure Of New Possible Medical Treatment “adds to this dreary scenario”

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

  • Blogging is about you, the blogger, not the copy

    Kevin O'Keefe
    24 May 2015 | 3:26 pm
    You cannot tell it today, but one of the first books I bought when I started blogging back in 2003 was “On Writing Well” by William Zinsser. Zissner died earlier this month at age 92. The New York Times’ Douglas Martin explained in his obituary that Zinsser went far beyond writerly do’s and dont’s in the book. Zissner used his personal experience to immerse readers in the trials and tribulations of authorship. “Ultimately, the product any writer has to sell is not the subject being written about, but who he or she is,” Mr. Zinsser wrote in “On…
  • Where do you find niche areas for legal blog and business?

    Kevin O'Keefe
    23 May 2015 | 2:31 pm
    I was scrolling through my RSS feeds this afternoon and noticed the headline “Plaintiff’s lawyers take a liking to employee defamation claims.” The Recorder’s Marissa Kendall (@marisakendall) was reporting on a growth of defamation suits by workers against employers are on the rise. The claims often crop up in wrongful-termination and discrimination suits, where plaintiffs say their bosses gave false reasons for firing them. While adding a defamation claim generally won’t increase the value of an employment lawsuit, it opens one more avenue to recovery. Not only…
  • Could Facebook become a model for legal citations?

    Kevin O'Keefe
    22 May 2015 | 5:07 pm
    John Barker (@contentbarker), Vice President of Strategy & Competitive Intelligence for Wolters Kluwer, asked this week, “What Can Legal Citators Learn from Facebook?“ Barker’s point being that social networking and social media drives discussion and collaboration around all topics today. We benefit from crowd wisdom. Why couldn’t our legal profession learn from Facebook as to how we could advance the law and surface secondary authority referencing primary law? As way of background, a legal citator is a citation index of legal resources.  The best-known of…
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    Securities Docket

  • Securities Docket News Wire for May 22, 2015

    Securities Docket
    23 May 2015 | 5:55 am
    Mary Jo White's SEC Is the Agency That Barely Moves – Bloomberg Business -> Hedge fund managers stung by 'class warfare' rhetoric -> Why Did BHP Billiton Settle an FCPA Case Including 7+ Year-Old Conduct? | Cady Bar the Door -> Yale Graduate Who Promoted CrossFit Ventures Is Arrested – -> SEC Announces Charges Against Investment Firm and Two Executives Accused of Defrauding Police and Fire Pension Funds -> Many on…
  • Why Did BHP Billiton Settle an FCPA Case Including 7+ Year-Old Conduct? | Cady Bar the Door

    Securities Docket
    22 May 2015 | 5:56 am
    My question is: why is this case happening now?  Does the statute of limitations mean nothing?  Under 28 U.S.C. § 2462, the SEC has five years to bring cases including a “punitive remedies,” which includes civil money penalties such as the one in this case…. via Why Did BHP Billiton Settle an FCPA Case Including 7+ Year-Old Conduct? | Cady Bar the Door
  • Securities Docket News Wire for May 21, 2015

    Securities Docket
    22 May 2015 | 5:55 am
    Compliance Week 2015 Wrap Up | FCPA Compliance and Ethics Blog -> Bharara undeterred after convictions are overturned | New York Post -> Benjamin Lawsky, Sheriff of Wall Street, Is Taking Off His Badge – -> NZ: More funding for SFO in budget | ->
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    HealthBlawg :: David Harlow's Health Care Law Blog

  • N of 1 – Reflections on Extracting Knowledge from Data

    David Harlow
    18 May 2015 | 10:43 am
    We've Moved! Update your Reader Now. This feed has moved to: Update your reader now with this changed subscription address to get your latest updates from us.
  • An avalanche of unnecessary medical care

    David Harlow
    11 May 2015 | 6:05 am
    We've Moved! Update your Reader Now. This feed has moved to: Update your reader now with this changed subscription address to get your latest updates from us.
  • Locked Down or Blocked Up? ONC Report on Health Information Blocking

    David Harlow
    6 May 2015 | 6:14 am
    We've Moved! Update your Reader Now. This feed has moved to: Update your reader now with this changed subscription address to get your latest updates from us.
  • Privacy and Security Guide released by ONC

    David Harlow
    5 May 2015 | 4:19 am
    We've Moved! Update your Reader Now. This feed has moved to: Update your reader now with this changed subscription address to get your latest updates from us.
  • Medicare Part D payments: A little more sunshine

    David Harlow
    4 May 2015 | 5:13 am
    We've Moved! Update your Reader Now. This feed has moved to: Update your reader now with this changed subscription address to get your latest updates from us.
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    Political GPS: Womble Carlyle Political Law

  • Foreign National Political Contribution Laws Can Cause Confusion, Pain for Unwary

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

    Womble Carlyle Team
    16 Apr 2015 | 1:08 pm
    On April 10, the Maryland General Assembly made significant changes to the state’s public contractor political contribution disclosure law. Many of the amendments were prompted by questions that had arisen regarding the most recent version of the law, which took effect just this past January. The new amendments clarify that a contractor awarded a single contract with a state or local governmental entity valued at $200,000 or more is covered by the disclosure law, regardless of whether that contract was awarded before or after January 1, 2015.An initial political contribution disclosure…
  • Individual Contribution Limits Increased for 2015 -2016 Election Cycle

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

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

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

  • Don't Name Your Furniture Store After A Grocery Store

    19 May 2015 | 6:15 am
    On May 14, 2015, Aldi Inc., the grocery store chain, sued Aldis Furniture Inc. for contempt of a 2002 consent decree.  See Aldi Inc. v. Aldsi Furniture Inc., et al., 2:15-cv-2696 (N.D. Ill.).  The parties tussled before and the obvious and inevitable trademark infringement action brought by the grocer against the retailer resulted in a 2002 agreement.  The retailer, however, apparently thought 13 years was long enough and opened a new furniture retail store named:The whole affair falls into the "duh" category by the defendant.  However, it underscores a trend in furniture…
  • Jack Hicks Talks Defending Innovation, IP Rights in the Home Furnishings Industry with Furniture Today

    18 Dec 2014 | 2:07 pm
    GREENSBORO, N.C. – Even in the face of copycats, innovation remains the lifeblood of the home furnishings industry, and innovators have legal remedies to protect their designs.So says Womble Carlyle’s Jack Hicks, a veteran IP attorney who has served the home furnishings industry for more than 25 years. Hicks recently spoke on “Innovation, Impersonation or Infringement?” at the Furniture Today Leadership Conference, and Furniture Today was on hand to cover his presentation.“It is easy to knock someone off and knock off a bestseller, but if you want to come up with a one-of-a-kind…
  • Boyd Lighting's Steampunk Sconce Gets Stock Photo Archive Steamed

    17 Dec 2014 | 6:45 am
    On December 16, 2014, Lived In Images, Inc. (d/b/a Hometica) sued Boyd Lighting Fixture Company for copyright infringement in the United States District Court for the Northern District of California (San Francisco Division) (Case No. 3:14-cv-05500). Lived In Images is a stock photo archive specializing in home, garden, and interior design pictures. Lived In Images makes its images available through licensing arrangements. The complaint alleges that Lived In Images registered 5,500 architectural photographs with the U.S. Copyright Office and that Boyd Lighting is using at least two of those…
  • Plugged-In Furniture - What's Past Is Prologue

    8 Oct 2014 | 6:22 am
    As furniture becomes more and more tech-driven (e.g., USB ports, chargers, coolers, etc.) we can sometimes forget that claims to advancements in the basic sofa have been around for some time. Today's Westlaw's "Headnote of the Day" e-mail contained the case headnote "Sitting on a couch is not exercise." This got my attention and warranted a deeper look.The headnote comes from Stauffer Laboratories, Inc. v. F.T.C., 343 F.2d 75 (9th Cir. 1965). In Stauffer, the Ninth Circuit was asked to review a preliminary injunction directing Stauffer Labs and its principal officer from making claims that…
  • Amini Sues Yuan Tai Enterprises - Again

    7 Jul 2014 | 2:19 pm
    Amini Innovation Corporation ("AICO") filed suit on June 30, 2014 in the United States District Court for the Central District of California (AICO's home court) again Yuan Tai Enterprises, Inc., a Texas corporation. The lawsuit involves two of several tools available to furniture manufacturers to defend its designs: namely patents and copyright. AICO is suing Yuan Tai again after Yuan Tai allegedly violated a 2007 agreement that settled earlier litigation. AICO is suing on 21 copyright registrations and 14 design patents. This approach highlights the one-two punch that copyright registrations…
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    Colorado Law Blog - Personal Injury News and Information| Bachus & Schanker Attorneys

  • 5 Facts of Personal Injury Law

    Kyle Bachus
    18 May 2015 | 11:48 am
    There are several forms of personal injury cases; however, many people are not familiar with these types of lawsuits by this name. They are usually aware of the concept of suing a person for their negligence that resulted in harm, which is generally what personal injury cases involve. There may be remedies available to people who suffer harm as the result of an entity’s negligence. Many questions can arise in matters of personal injury. A Denver personal injury lawyer can help to determine whether a suit may be brought against another party. Consider these five facts about personal…
  • Understanding Insurance Claims and Personal Injury

    Kyle Bachus
    11 May 2015 | 11:47 am
    It can be difficult to comprehend that a dollar amount could be attached to pain and suffering or that the loss of a loved one could somehow be reimbursed. As delicate a situation is as this, compensation is sought in an effort to recover damages. For example, a person who is liable for an accident may need to cover medical expenses, pain and suffering, time lost from work, other lost income, permanent physical disability, disfigurement, emotional damages, loss of family and other losses. This compensation amount, or initial claim amount, is determined using a formula. Insurance companies…
  • Understanding Wrongful Death Suits in Denver

    Kyle Bachus
    4 May 2015 | 11:45 am
    When a loved one has been wronged, filing a suit against the negligent party can seem confusing. In the course of pre-litigation, it might become evident that a wrongful death suit may be brought against another individual or business. Wrongful death may be brought against a negligent party if the other party caused the untimely death of an individual. There are several areas of law that deal with wrongful death. Contacting a Denver lawyer can help assist with questions related to individual circumstances. Although elder abuse carries steep penalties, it still occurs. Legislation was enacted…
  • How Legal Assistance can Help Head Injury Victims Experiencing Nightmares

    Kyle Bachus
    27 Apr 2015 | 11:45 am
    While the terms ‘head injury’ and ‘brain injury’ are often used interchangeably by medical and legal professionals, a person can experience a head injury without having damage to the brain. A head injury can happen to anyone at any time and can result in long-term health problems, hospitalization, disabilities, memory loss, dramatic mood changes and even death. Depending on the seriousness of a head injury, it can be classified as a mild, moderate or severe condition. Head injuries must always be taken seriously. This is true even when the initial injury site was not a…
  • Contact a Denver Lawyer If You’re Victimized While in Town

    Kyle Bachus
    22 Apr 2015 | 11:01 am
    Known as the “Mile High City,” there are many things you can do in bustling Denver. From fine dining to world-class entertainment and sports, this jewel in the Rocky Mountains has it all. Unfortunately, Denver can also harbor the criminal element looking to take advantage of unsuspecting visitors. In many cases, those who are touring the fine city go home after being victimized and chalk it up to a bad experience. However, you can make a difference by hiring a Denver lawyer regardless of where you’re from. Stolen Luggage or Personal Property In the event that your property…
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    P.I.S.S.D. -- Personal Injury, Social Security Disability. Dallas Texas Lawyers

  • Three Vacation Ideas for After Your Recovery

    Bob Kraft
    25 May 2015 | 7:01 am
    In a perfect world, your summer vacation would involve hiking a majestic mountain range, shopping ’till you drop at some of the best retail venues, or perhaps learning to surf at a sunny tropical locale. Now that you’re on the road to recovery, however, these vacation bucket list items may need to be put on hold temporarily. Fortunately, there are plenty of vacation spots that are ideal for those suffering temporary disabilities. Consider all the special needs accommodations that these great spots have to offer: 1. Seattle, Washington As USA Today notes, Seattle is not only home…
  • Friday Fun

    Bob Kraft
    22 May 2015 | 2:39 am
    There’s nothing you can’t find on the Internet. Here’s everything you ever wanted to know about dirigibles, in a humorous manner. The post Friday Fun appeared first on P.I.S.S.D. -- Personal Injury, Social Security Disability. Dallas Texas Lawyers.
  • Personal Injury: Why You Should Seek Legal Help No Matter How You Got Injured

    Bob Kraft
    21 May 2015 | 7:37 am
    Many who are hurt may fear the incident was their own fault. However, this does not mean that they should not get legal help and pursue their case in court. Particularly for those who were hurt on the job or in the care of another person, going to court can make a difference in their quality of life. Those who were hurt while they were at work may not realize that there are many laws in place to help them get the money that they need to pay for their medical bills and lost wages to help keep them above water financially. Medical Debt Many may think that they shouldn’t bother seeking…
  • Federal Regulators Call for Requiring Dealers to Fix Recalled Vehicles

    Bob Kraft
    20 May 2015 | 7:21 am
    In a 1,000+ word article, the AP reports that currently, dealers and individual sellers are not legally required to get repairs done on a recalled car before the vehicle is sold. Sellers are not even obligated to notify buyers that a vehicle is subject to a recall. Later, the AP says that several attempts to pass legislation that requires dealers to fix recalled vehicles or “disclose problems have stalled under opposition from carmakers, auto dealers and the U.S. Chamber of Commerce.” However, it adds that NHTSA Administrator Mark Rosekind and Transportation Secretary Anthony Foxx are…
  • Congressional Report Discusses Automobile Hacking

    Bob Kraft
    19 May 2015 | 7:00 am
    NBC Nightly News reported that a new Congressional report warns that automobiles have “significant security and privacy gaps” rendering them prone to hacking. Senator Ed Markey is quoted saying, “You don’t need a crowbar to break into a car. You just need an iPad to hack into the computer system to take control.” NBC (Alexander) explains that hackers can break in “through bluetooth or built-in cell phone systems designed to connect you to an operator in an emergency,” though “so far there’s no record of any car being maliciously hacked into on the road in the real world.”…
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    Marquette University Law School Faculty Blog

  • The Rule of Law in the United States

    David R. Papke
    24 May 2015 | 8:29 am
    The highly regarded World Justice Project, an independent organization in Washington, D.C. that promotes the rule of law, has used 47 indicators organized around nine themes to generate a so-called “Rule of Law Index.” Using this Index, the World Justice Project then ranked 99 of the world’s nations according to the extent to which the rule of law was truly operative in those nations’ daily life. The United States ranked nineteenth. This ranking is surely respectable. Americans could conceivably be pleased the United States compares so well to nations such as Zimbabwe, Afghanistan,…
  • Sampling the Strong Stew of Thoughts at Eckstein Hall Education Conference

    Alan J. Borsuk
    13 May 2015 | 2:05 pm
    Given the long list of controversial and major decisions to be made soon as the process of setting Wisconsin’s state budget for the next two years comes to a head, it was remarkable how much agreement there was among speakers at the wide-ranging conference on kindergarten through twelfth grade education policy Monday at Eckstein Hall. “Pivotal Points: A Forum on Key Wisconsin Education Issues as Big Decisions Approach” brought together key figures involved in politics, schools, and education policy before a full-house audience in the Appellate Courtroom. Yes, there were differences. But…
  • The Chief’s Lawsuit

    Edward A. Fallone
    8 May 2015 | 12:07 pm
    A lawsuit filed in federal court by a sitting Chief Justice of a state Supreme Court against her colleagues is certainly unusual, if not unprecedented.  The reaction to the filing of the complaint in Abrahamson v. Neitzel  by the mainstream media has ranged from viewing the lawsuit as comedy (The Milwaukee Journal Sentinel: “Will the Real Chief Justice Please Stand”) to viewing this latest development as part of an ongoing tragedy (The New Yorker: “The Destruction of the Wisconsin Supreme Court”).  However, the legal question at the heart of the Chief’s lawsuit is actually…
  • Katie Maloney Perhach Discusses Her Leadership Role at Quarles & Brady

    Melissa L. Greipp
    8 May 2015 | 10:43 am
    Marquette Law alum Katie Maloney Perhach discusses her leadership role at Quarles & Brady in this interview with the Milwaukee Journal Sentinel.  She is managing partner for the Milwaukee office and the chair of its Financial Institutions Litigation Group.
  • Congratulations to Scott Butler–2015 Outstanding Young Lawyer of the Year

    Melissa L. Greipp
    4 May 2015 | 1:09 pm
    Congratulations to Marquette Law graduate, Scott Butler, for being named the 2015 Outstanding Young Lawyer of the Year by the Young Lawyer’s Division of the State Bar of Wisconsin.  Butler is an associate attorney with Fitzpatrick, Skemp and Associates in La Crosse.  In addition to his successful practice as a civil litigator, Butler serves on several legal and community organizations in the La Crosse area, including the Wisconsin Association for Justice and the La Crosse County Bar Association and New Horizons Shelter and Outreach Center.
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    Green Building Law Update

  • An Arm and a Leg and the 2015 International Energy Conservation Code

    Stuart Kaplow
    17 May 2015 | 11:15 am
    The 2015 version of the International Energy Conservation Code is soon to be upon you. Modern building codes are most often adopted by local government legislative bodies and as such vary from place to place. The IECC is in use or adopted in 47 states, the District of Columbia, the U.S. Virgin Islands, New York City and Puerto Rico.  By way of background, the International Building Code, as published by the International Code Council establishes “the minimum requirements to safeguard the public health, safety and general welfare …” The ICC also developed the IECC,…
  • Produced with Genetic Engineering

    Stuart Kaplow
    10 May 2015 | 7:31 pm
    Only slightly less fun than a Dan Aykroyd and Jane Curtin Point Counterpoint on Saturday Night Live, is the fight over labeling food produced from a bioengineered organism is being waged in a Federal courtroom in Vermont. Given modern interstate commerce, we may all find all of our food labeled “produced with genetic engineering.”   On April 27, 2015, Judge Christina Reiss of the U.S. District Court for the District of Vermont issued a preliminary opinion and order in a case where the Grocery Manufacturers Association, Snack Food Association, International Dairy Foods…
  • GBCI Changed its Name and You Need to Change Your Documents

    Stuart Kaplow
    3 May 2015 | 11:16 am
    GBCI, formerly known as the Green Building Certification Institute, has changed its name to Green Business Certification Inc. It will continue to be referred by the acronym GBCI. GBCI administers project certifications and professional credentials within the U.S. Green Building Council’s LEED Green Building Rating System. USGBC describes GBCI as its “credentialing subsidiary.”   In September of last year, USGBC announced that GBCI would also provide certification and credentialing services for the PEER standard for power systems. In October a similar announcement was…
  • Congress Creates Tenant Star But Does Little Else

    Stuart Kaplow
    26 Apr 2015 | 6:42 pm
    In a continued period of falling energy prices, for oil and natural gas as well as renewables, and in an era when energy use in the U.S. has not increased in decades (despite the increase in population), Congress passed an energy bill. The Energy Efficiency Improvement Act of 2015, S. 535, a portion of this bill was formerly known as the Better Buildings Act of 2015, passed the House of Representatives last week and on April 23rd was presented to the President for signature. Senators Rob Portman, R-Ohio, and Jeanne Shaheen, D-New Hampshire have been working to get an energy efficiency bill…
  • Residential Green Building Increasingly Incentivized with Property Tax Credits

    Stuart Kaplow
    19 Apr 2015 | 11:17 am
    Recognizing that while commercial construction is increasing building green, but that green residential construction lags in market share, local governments are increasingly looking to enact voluntary incentives to drive residential green building. At least 44 states and more than 400 local governments across the nation have enacted some form of green building legislation. Voluntary incentives offered by government include tax breaks, direct grants or loans, density bonuses, and advantages in processing approvals for green buildings. As a non-prescriptive, non-mandatory approach which does…
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    California Employment Law Report

  • Five strategies to make sure you are getting the best service from your lawyer

    Anthony Zaller
    22 May 2015 | 9:22 am
    Today’s Friday’s Five article is a bit different in that it focuses on the attorney – client relationship.  Here are five recommendations to get the most out of your relationship with your lawyer: 1. Ask a lot of questions. No question should be off limits with your lawyer. Ask questions about litigation issues, billing issues, what legal terms mean. Very few clients routinely deal with litigation and understand the legal process or legal terms. Your lawyer should be able to explain these issues in a manner you understand. If your lawyer is put off by your questions, it is probably…
  • California’s paid sick leave: How to calculate pay for part-time employees, alternative work schedules and employees who receive fluctuating pay

    Anthony Zaller
    21 May 2015 | 6:20 pm
    As the July 1 deadline for employees to begin accruing paid sick leave, employers are wrestling with some of the ambiguities created by the law.  The legislation left many unanswered questions for employers to grapple with.  Some of the more common questions employers have had deal with how to calculate the accrual rate for part-time employees and employees working alternative work schedules (such as a 4 day 10 hour schedule), and how to calculate the amount owed to employees paid by piece rate or commissions when they utilize paid sick leave.  As set forth below, the Department of…
  • California’s paid sick leave law: Five deadlines every employer must know

    Anthony Zaller
    15 May 2015 | 10:20 am
    While July 1, 2015 is the primary date making most headlines for the new sick leave requirement in California, and is when in fact employees begin to accrue and will be eligible to take paid sick leave, there are many other deadlines employers should keep in mind: 1.      January 1, 2015: Required poster “Healthy Workplaces/Healthy Families Act of 2014 – Paid Sick Leave” must be displayed. Employers must start using revised Notice to Employee for all new non-exempt employees hired. If an employer takes any adverse employment action against an employee within 30 days of…
  • Five reminders about conducting background checks under federal and California law

    Anthony Zaller
    8 May 2015 | 11:13 am
    Based on last week’s post about the lawsuit filed against LinkedIn alleging that it violated the federal Fair Credit Reporting Act (FCRA), I thought it would be good to point out a few issues the arise when employers conduct background checks.  This article is not comprehensive, and this area of the law is very detailed, but the article is to remind employers to use caution when implementing these policies, as the exposure for violations could be huge. 1.      Treat everyone equally. If an employer makes the decision to obtain background reports for applicants or employees, the…
  • Five things employers must understand about LinkedIn’s job reference lawsuit

    Anthony Zaller
    1 May 2015 | 4:18 am
    Recently, the issue raised in Sweet v. LinkedIn is whether the Reference Searches functionality offered by LinkedIn is governed by the regulations set forth in the FCRA.  The Reference Search feature allows users who pay a fee to search for references that have worked with any other LinkedIn member.  The results list common employers and other LinkedIn members who are in the same network as the person running the search and the person who is the subject of the search.  When a LinkedIn user runs a Reference Search on a particular LinkedIn member, the Reference Search results provide the…
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    The Rainmaker Blog

  • FREE Online Webinar May 26: How to Develop Your Law Firm Marketing Plan

    Stephen Fairley
    22 May 2015 | 2:07 pm
    Join me on Tuesday, May 26 at 2 p.m. ET/11 a.m. PT for a free 60-minute legal marketing webinar: Develop Your Law Firm Marketing Planwhere you will learn… A proven legal marketing system that has helped 15,000 attorneys convert more prospects into paying clients. Step-by-step actions you should take throughout the course of the next 12 months to substantially increase your revenues. Effective strategies to win clients in today’s hyper-competitive online focused marketplace. Creating a marketing plan for your law firm is the first step in building a foundation for a profitable…
  • 3 Steps to Leverage LinkedIn for Your Law Firm

    Stephen Fairley
    21 May 2015 | 3:02 pm
    I have yet to find an attorney who could not benefit from having their profile on LinkedIn. It’s the number one online network for white-collar professionals. Whether you want to connect with non-competing attorneys, non-legal professionals, or potential clients, the demographics on LinkedIn speak for themselves: The average age range of a LinkedIn user is 30 to 49 44% of LinkedIn users report an annual income of more than $100,000 50% of members have a college degree 28% have a graduate degree LinkedIn members are highly educated and affluent. Is this a demographic you would like to reach?
  • 2 Questions Every Attorney Needs to Know the Answers To

    Stephen Fairley
    20 May 2015 | 2:54 pm
    There are two questions just about every attorney has asked at one time or another. At every Rainmaker Retreat – our two-day law firm marketing seminar – I answer dozens of questions that are top-of-mind for attorneys who have come from across the nation and these two consistently pop up: Why am I not getting more referrals? Why are they not better qualified? There are four primary reasons attorneys don’t get more and better referrals: Lack of client education. It’s your responsibility to properly educate clients and referral sources about what you do, who you can help, and what…
  • Practical Wisdom for Attorneys on Pricing and Price Shoppers

    Stephen Fairley
    19 May 2015 | 2:59 pm
    When attorneys come to me complaining of being shopped on price I tell them three things: Only 15 percent of people buy solely based on price, which means 85 percent of people take price into consideration but it’s not their only or even their most important consideration. The best thing you can do for your practice is identify those true “price shoppers” early on in the consult and quickly refer them to your competitors because they are nothing but trouble. It’s almost never about the money! When people focus on the price, it’s rarely about the money—it is almost always about…
  • Listen and Learn How to Move from a Job to a Law Practice to Building a Business

    Stephen Fairley
    18 May 2015 | 2:38 pm
    Many attorneys in small law firms continue to struggle year after year, finding just enough clients to keep them busy, but are never able to move their practice up to the next level. There are 29 million American small businesses today.  Less than 10% of them will ever break the $1 million revenue mark.  Fewer than 4% will break $10 million.  This means that more than 90% of “small businesses” are really just people who are self-employed and trapped by their own job. That means if you go on vacation, business stops. Work consumes you and you never find the balance you need to live a…
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    Florida Estate Planning Lawyer Blog

  • Important Clauses to include in a will or revocable trust

    David M. Goldman
    22 May 2015 | 7:00 am
    Here at the Law Office of David Goldman, we wanted to list some of the more important clauses that might be used in a Florida will or Florida Living Trust. Every person who makes a will or trust has different circumstances and therefore every will or trust is designed with that person’s specific needs in mind. Many of these clauses might not be needed in your will or trust, but we like to include them anyway in case the unexpected happens to you or your family. We urge our clients to learn about these clauses, so they can decide if these clauses might help to meet their estate-planning…
  • The benefits of a Spendthrift Provision in a Florida Will or Trust

    David M. Goldman
    21 May 2015 | 7:05 am
    There are many ways that a settlor, or a person who creates a trust, can help to prevent creditors from attacking the assets he or she leaves a beneficiary through a trust or a will. One of the best ways to protect a trust’s assets is through a spendthrift clause. In a trust, most beneficiaries are able to freely transfer their interest in the trust to someone else. A spendthrift provision prevents a beneficiary from being able to transfer their interest in the trust either voluntarily or involuntarily. While this puts a restraint on the beneficiary’s rights, it has the added benefit of…
  • Reasons why a beneficiary might disclaim an inheritance

    David M. Goldman
    20 May 2015 | 7:00 am
    Most people assume when they receive an inheritance, either through a will or a trust, that they must accept it. This is actually not the case as a beneficiary is also allowed to disclaim, or not to accept, the inheritance. Refusing an inheritance may seem like an alien concept, but can actually be the best course of action for many beneficiaries in some situations. There are many reasons to disclaim an inheritance, with the most common reason being to avoid costly taxes. A common example of this might happen when parents leave money to affluent adult children. In this case, the children…
  • Who has legal custody of minor children after the parents’ death?

    David M. Goldman
    19 May 2015 | 7:19 am
    A common estate-planning problem arises when parents with young children die or become incapacitated. Usually when one parent dies, the second parent assumes custody, but if the second parent is also not available the issue is who has the right to and who will raise the minor children. The best solution to avoid this issue is to plan ahead by naming a guardian through a will. A guardian should be someone who is willing to raise the minor children in the event something happens to the parents. To qualify as a guardian in Florida, the person must be at least 18 years old and of sound mind. In…
  • Can a Will be signed after a stroke, if the Will was created before becoming incapacitated?

    David M. Goldman
    18 May 2015 | 7:00 am
    A will is an important tool in the estate planning process that allows a testator, a person who creates a will, to distribute the assets of an estate in the manner is deemed most appropriate. If no will is present, a testator’s estate is executed by the rules of intestate succession and assets are distrusted to the testator’s predetermined beneficiaries at a certain percentage. To create a valid will, Florida requires the testator to posses the intent to create a will. To make a will, Florida requires the testator to be of sound mind and at least 18 years old. Additionally, a court…
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  • New LAWPRO Resource for Wills & Estates Lawyers: A Malpractice Claims Fact Sheet

    Dan Pinnington
    25 May 2015 | 12:37 pm
    With such a large amount of claims prevention information available in LAWPRO Magazine articles and practicePRO resources, we had the idea to create simple fact sheets to help lawyers in their day-to-day practice and as well as CPD providers, who could use them developing their program material or as handouts. The latest in our series of “malpractice claims fact sheets” covers wills & estates law. The sheets includes quick claims facts, the main causes of claims against lawyers, hot topics in the particular areas of law, tips for avoiding claims and links to practicePRO resources. We…
  • Of Google Indexing the Twitter Firehose and Implications for SEO and Lawyers Who Tweet

    Nate Russell
    25 May 2015 | 11:25 am
    I probably won’t be making it to the Chicago Bar Association’s CLE on “How To… Get the Most Out of Twitter” tomorrow. But that’s not to say that I wouldn’t have been choked to miss Catherine Reach’s tweet mentioning it. Mostly that’s because there was something else she linked to which caught my attention: Kevin O’Keefe’s post from last Thursday heralding that “Twitter is teaming up with Google to bring Twitter’s real-time content to Google’s search results.” So there it is. Google and Twitter are…
  • Learning and Technology in the Law School Classroom

    F. Tim Knight
    25 May 2015 | 6:31 am
    “Teaching The Digital Caveman: Rethinking The Use Of Classroom Technology In Law School” is an article written by James B. Levy, Associate Professor at Nova Southeastern University, Shepard Broad Law Center. In it Levy provides a great overview of the impact of technology and its effect on the science of learning in the law school classroom including examining our assumptions about so-called “digital natives.” He outlines his paper as follows: “This article begins in Part II with a short history of modern classroom technology, why it has routinely failed to work as promised and the…
  • Ontario Ministry of Labour Blitz

    Gabriel Granatstein
    25 May 2015 | 5:26 am
    Ontario’s Ministry of Labour made headlines last week when they began an annual blitz on potentially abusive employers. The purpose was to target employers who take advantage of workers by failing to adhere to the requirements outlined in the Employment Standards Act. The targeted industries, according to the Ministry, include fitness and recreation, restaurants and janitorial services. The Ministry’s goal is to hold employers accountable for respecting employee entitlements such as minimum wage, eating periods and overtime pay. The crackdown comes on the heels of amendments to the…
  • Monday’s Mix

    25 May 2015 | 4:00 am
    Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from sixty recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Ontario Condo Law Blog  2. Youth and Work 3. Michael Geist  4. Combat Sports Law  5. Rule of Law Ontario Condo Law Blog A reasonably prudent director Condo directors in Ontario are expected to exercise a certain degree of attentiveness, caution and prudence while…
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    Florida Estate Planning Lawyer Blog

  • Important Clauses to include in a will or revocable trust

    David M. Goldman
    22 May 2015 | 7:00 am
    Here at the Law Office of David Goldman, we wanted to list some of the more important clauses that might be used in a Florida will or Florida Living Trust. Every person who makes a will or trust has different circumstances and therefore every will or trust is designed with that person’s specific needs in mind. Many of these clauses might not be needed in your will or trust, but we like to include them anyway in case the unexpected happens to you or your family. We urge our clients to learn about these clauses, so they can decide if these clauses might help to meet their estate-planning…
  • The benefits of a Spendthrift Provision in a Florida Will or Trust

    David M. Goldman
    21 May 2015 | 7:05 am
    There are many ways that a settlor, or a person who creates a trust, can help to prevent creditors from attacking the assets he or she leaves a beneficiary through a trust or a will. One of the best ways to protect a trust’s assets is through a spendthrift clause. In a trust, most beneficiaries are able to freely transfer their interest in the trust to someone else. A spendthrift provision prevents a beneficiary from being able to transfer their interest in the trust either voluntarily or involuntarily. While this puts a restraint on the beneficiary’s rights, it has the added benefit of…
  • Reasons why a beneficiary might disclaim an inheritance

    David M. Goldman
    20 May 2015 | 7:00 am
    Most people assume when they receive an inheritance, either through a will or a trust, that they must accept it. This is actually not the case as a beneficiary is also allowed to disclaim, or not to accept, the inheritance. Refusing an inheritance may seem like an alien concept, but can actually be the best course of action for many beneficiaries in some situations. There are many reasons to disclaim an inheritance, with the most common reason being to avoid costly taxes. A common example of this might happen when parents leave money to affluent adult children. In this case, the children…
  • Who has legal custody of minor children after the parents’ death?

    David M. Goldman
    19 May 2015 | 7:19 am
    A common estate-planning problem arises when parents with young children die or become incapacitated. Usually when one parent dies, the second parent assumes custody, but if the second parent is also not available the issue is who has the right to and who will raise the minor children. The best solution to avoid this issue is to plan ahead by naming a guardian through a will. A guardian should be someone who is willing to raise the minor children in the event something happens to the parents. To qualify as a guardian in Florida, the person must be at least 18 years old and of sound mind. In…
  • Can a Will be signed after a stroke, if the Will was created before becoming incapacitated?

    David M. Goldman
    18 May 2015 | 7:00 am
    A will is an important tool in the estate planning process that allows a testator, a person who creates a will, to distribute the assets of an estate in the manner is deemed most appropriate. If no will is present, a testator’s estate is executed by the rules of intestate succession and assets are distrusted to the testator’s predetermined beneficiaries at a certain percentage. To create a valid will, Florida requires the testator to posses the intent to create a will. To make a will, Florida requires the testator to be of sound mind and at least 18 years old. Additionally, a court…
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    Native American Legal Update

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

    Greg Guedel
    6 May 2015 | 10:12 pm
    The United States and Native American nations have a treaty-based, government-to-government relationship with a unique political and legal dynamic of mutual sovereignty. This colloquium will feature recognized experts presenting in-depth information and current perspectives on U.S./Tribal relations, their evolving sovereignty balance, and innovative strategies and programs for enhancing Native American human security. Please join us in person or via webinar for this extraordinary program focused on strengthening self-determination and quality of life in Tribal communities. Featured Speakers…
  • Native American Actors Walk Off New Adam Sandler Movie To Protest Stereotypes

    Greg Guedel
    24 Apr 2015 | 9:00 am
    Nine Native American actors have walked off the film set of a new Adam Sandler comedy “The Ridiculous Six”, claiming the film is "totally disrespectful" of Apache culture. Actor Loren Anthony said producers ignored their concerns about the film's approach to Native American culture and the inappropriate use of props. "Right from the get-go, it didn't feel right. But we let it go," the Navajo actor told the Associated Press. "Once we found out more about the script, we felt it was totally disrespectful to elders and Native women." Issues included…
  • VAWA Seminar - 24 April 2015 at Seattle University

    Greg Guedel
    6 Apr 2015 | 3:46 pm
                                                  VIOLENCE AGAINST WOMEN ACT   Friday, April 24, 2015 Panel: 5:00 pm to 7:00 pm Seattle University School of Law, Room C6           (Reception 7-9 pm)                       RSVP by April 20th to   Join the American Indian Law Journal, Center for Indian…
  • Tribal Sovereignty and Development Colloquium, May 28/29, 2015 in Seattle

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

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

  • Doing Online Reputation Management? Don’t Do It This Way (Forbes Cross-Post)

    Eric Goldman
    21 May 2015 | 8:55 am
    Recently, I got two identical emails from sending me a “Notice of Infringement of Defamation.” The notice informs me that a 2012 blog post–written by my perma-guest blogger, Venkat–makes public comments about the purported sender. It further says that my actions are “unjust” and asks me to “please be kind” and remove the content. However, the notice is cagey about any alleged legal violations. Between the “Notice of Infringement of Defamation” headline and an incorrect definition of defamation (“the taking…
  • Online Magazine Gets Section 230 Protection For Third Party Article–AdvanFort v. International Registries

    Eric Goldman
    19 May 2015 | 6:58 am
    Photo credit: “armed guard on board sea going vessel in aden gulf” // ShutterStockIf I didn’t practice Internet law, I might have chosen maritime law. Their disputes are often interesting. This particular case sounds like a movie plotline. AdvanFort provides armed guards to ships worried about piracy (the real kind…you know, on the ocean). The Indian government accused the crew of one of these ships of violating their Arms Act (i.e., arms running), so it threw the crew in jail. To help get the crew released, AdvanFort retained John A.C. Cartner as one of its lawyers.
  • Can Lawyers Buy Keyword Ads On Each Others’ Names At Google? (Forbes Cross-Post)

    Eric Goldman
    12 May 2015 | 8:53 am
    Photo credit: Keyword Advertising 3d render concept with blue and white arrows flying over a white background // ShutterStock“Competitive keyword advertising” occurs when a company buys the trademarks of its competition as keywords for search engine marketing. In the 2000s, it was one of the most interesting and hotly-contested issues of Internet Law as trademark owners filed many lawsuits and sought legislative protection. In the last few years, however, the issue has mostly fizzled out. A major 2011 ruling in the Ninth Circuit Court of Appeals cleaned up many of the legal…
  • Ripoff Report Gets Easy Section 230 Win In Third Circuit–Obado v. Magedson

    Eric Goldman
    11 May 2015 | 11:25 am
    Photo credit: enameled house number two hundred and thirty // ShutterStockThis was a really interesting pro se challenge to Section 230. The lower court opinion contained all kinds of gems, including holding that Section 230 applies to Google’s autocomplete and to allegations of search engine manipulation. The Third Circuit’s opinion washes out some of the case’s detail, making it a little less interesting. This partially reflects that the legal questions were so easy, the case only warranted a non-precedential opinion. The court summarizes its key ruling: The District Court…
  • A Fishy Jurisdiction Ruling Involving Mobile Apps–Tomelleri v. MEDL

    Eric Goldman
    8 May 2015 | 8:54 am
    For those of you who teach the Zatarain’s v. Oak Grove Smokehouse trademark case, you know how much I wanted to stock this blog post with fish puns. Joseph Tomelleri draws fishes, and he sells his illustrations via his website MEDL makes mobile apps, including an app co-produced with Siniscalchi called FishID, described as “a flexible tackle box of tools for identifying any catch, finding fishing spots, [and] reading up on local regulations.” See the YouTube promotional video. Tomelleri alleges that Siniscalchi included his copyrighted illustrations in the app.
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    The California Employment Law Blog by Mediator Steven G. Pearl

  • Garcia v. Superior Court: Court Must Rule on Application of FAA Before Ordering Arbitration of Truck Driver Wage Dispute

    Steven G. Pearl
    22 May 2015 | 8:23 am
    In Garcia v. Superior Court (Southern Counties Express, Inc.) (5/15/15) --- Cal.App.4th ---, the petitioners were truck drivers who were engaged by the defendant to haul shipping containers from the ports of Los Angeles and Long Beach to facilities throughout Southern California. The drivers repeatedly signed independent contractor agreements and vehicle leases, both of which included arbitration clauses. The drivers filed wage claims with the Division of Labor Standards Enforcement (DLSE), alleging that the defendant improperly classified them as independent contractors, rather than…
  • McGill v. Citibank: Cal. Supremes Will Review Broughton-Cruz Rule After Concepcion

    Steven G. Pearl
    21 May 2015 | 8:00 am
    In Broughton v. Cigna Healthplans (1999) 21 Cal.4th 1066 and Cruz v. PacifiCare Health Systems, Inc. (2003) 30 Cal.4th 303, the California Supreme Court held that statutory claims for public injunctive relief are not subject to compulsory private arbitration. In McGill v. Citibank, N.A., the Court will decide whether the Broughton-Cruz rule survives the United States Supreme Court's decision in AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 321 (discussed here). In Ferguson v. Corinthian Colleges, Inc., 733 F.3d 928 (9th Cir. 2013) (discussed here), the Ninth Circuit gave its view,…
  • Golden v. California Emergency Physicians: Ninth Circuit Addresses "No Employment" Clauses and Business and Professions Code Section 16600

    Steven G. Pearl
    20 May 2015 | 8:00 am
    In Golden v. California Emergency Physicians, ___ F.3d ___ (9th Cir. 4/8/15), plaintiff Donald Golden, M.D., was affiliated with defendant California Emergency Physicians Medical Group (CEP), "a large consortium of over 1000 physicians that manages or staffs many emergency rooms, inpatient clinics, and other facilities in California and other, mostly Western states." Golden sued CEP for numerous causes of action, and the parties settled before trial. On the record before the Court, Golden waived any and all rights to employment with CEP or at any facility that CEP may own or with which it may…
  • Dickson v. Burke Williams, Inc.: No Failure to Prevent Liability Absent Actionable Harassment or Discrimination

    Steven G. Pearl
    19 May 2015 | 8:00 am
    Just a very quick note on Dickson v. Burke Williams, Inc. (3/6/15) --- Cal.App.4th ---, in which the Court of Appeal held as follows: [T]here cannot be a valid claim for failure to take reasonable steps necessary to prevent sexual harassment if, as here, the jury finds that the sexual harassment that occurred was not sufficiently severe or pervasive as to result in liability. A claim for failure to take reasonable steps necessary to prevent sexual harassment cannot prevail when the necessary element of sexual harassment is not established. Similarly, the jury's finding that defendant was not…
  • Young v. UPS: SCOTUS Addresses Title VII Disparate Treatment Pregnancy Discrimination Action

    Steven G. Pearl
    18 May 2015 | 8:00 am
    In Young v. United Parcel Service, Inc., ___U.S. ___ (3/25/15), the plaintiff worked as a part-time driver for UPS. When she became pregnant, her doctor restricted her lifting activities, which were required for her position. UPS told Young that she could not work as a driver while under a lifting restriction and did not qualify for a temporary alternative work assignment. Young sued under Title VII of the Civil Rights Act of 1964, which provides: "women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes . . . as…
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    The Securities Law Blog

  • SEC News - FCPA Violations and Fraud

    22 May 2015 | 7:23 am
    SEC Charges BHP Billiton With Violating FCPA at Olympic GamesGlobal resources company BHP Billiton has been charged with violating the Foreign Corrupt Practices Act (FCPA) when it sponsored the attendance of foreign government officials at the Summer Olympics.Brokerage Firm Co-Owners Charged With Defrauding InvestorsCo-owners of a Manhattan-based brokerage firm now face fraud charges.Investment Firm and Two Executives Accused of Defrauding Police and Firefighter Pension FundsAn Atlanta-based investment advisory firm and two executives have been accused of selling unsuitable investments to…
  • UBS Fined $545 Million in Forex Scandal

    20 May 2015 | 6:43 am
    UBS will pay $545 million to U.S. authorities to end an investigation into alleged manipulation of currency rates, a settlement that will help the Swiss bank to move on after a series of trading scandals.For more information visit UBS to pay $545 mln over forex scandal, rivals await fateThe attorneys at Sallah Astarita & Cox include veteran securities litigators and former SEC Enforcement Attorneys. We have decades of experience in securities litigation matters, including the defense of enforcement actions. We represent investors, financial professionals and investment firms, nationwide.
  • SEC News - False Claims, Fraud, Insider Trading

    18 May 2015 | 7:26 am
    SEC Sues Retirement Planners for Making False Claims to InvestorsA self-described retirement planning firm and its principals have been charged with falsely telling customers that interests in life settlements they offered and sold were “guaranteed,” “safe as CDs,” and “federally insured.”Fraud Charges Announced Against ITT Educational ServicesFraud charges have been announced against ITT Educational Services Inc., its chief executive officer, and its chief financial officer. Nationwide Life Insurance Company Charged With Pricing ViolationsNationwide Life Insurance Company…
  • Be Wary of Famous People Promoting Penny Stocks

    15 May 2015 | 6:43 am
    The penny stock market has the potential for significant profits, and of course, significant losses. Investing in start-ups and small companies is speculative, and high risk, but has an allure for a certain type of investor.One problem with this market segment is the promotion of such investments to individuals who are unsuitable for the investment,Over the years we have seen well known individuals promote such ventures. Bloomberg Business has an article regarding four-star Army general Wesley Clark's involvement in promoting such ventures, including a Grilled Cheese Truck company, and a…
  • SEC Files Charges Against ITT Educational Services

    14 May 2015 | 6:01 am
    The SEC has filed charges against ITT Educational Services Inc., its chief executive officer, and its chief financial officer.   The SEC alleges that the national operator of for-profit colleges and the two executives fraudulently concealed from ITT’s investors the poor performance and looming financial impact of two student loan programs that ITT financially guaranteed.  ITT formed both of these student loan programs, known as the “PEAKS” and “CUSO” programs, to provide off-balance sheet loans for ITT’s students following the collapse of the private student loan market.  To…
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    Allen & Allen Law Blog RSS Feed

  • What if I suspect my veterinarian has committed malpractice?

    Allen, Allen, Allen & Allen Personal Injury Attorneys
    22 May 2015 | 6:00 am
    Generally, we know what to do and who to call if we are injured, but what about our pets?
  • Aggravation: The Effect of Pre-Existing Medical Conditions on Personal Injury Claims

    Allen, Allen, Allen & Allen Personal Injury Attorneys
    19 May 2015 | 6:15 am
    The law pertaining to personal injury cases in Virginia is designed to protect people who are injured through no fault of their own - whether those people had pre-existing medical conditions or not.
  • New Med Pay Statute Shields Insureds from Deceptive Billing Practices

    Allen, Allen, Allen & Allen Personal Injury Attorneys
    15 May 2015 | 6:00 am
    Med pay is part of an insurance package that pays medical expenses for you and any passengers in your vehicle during an accident. The coverage extends to the named insured and certain family members residing in the insured’s household if they are injured while they are passengers in other non-owned vehicles, or if they are injured as pedestrians in a vehicular accident.
  • Allen, Allen, Allen & Allen Awards Scholarships to 15 Virginia High School Students

    Allen, Allen, Allen & Allen Personal Injury Attorneys
    13 May 2015 | 11:21 am
    The Virginia personal injury law firm awarded the George E. Allen Scholarship to fifteen deserving high school seniors from across Central Virginia on May 13, 2015 at an awards dinner at Lewis Ginter Botanical Gardens.
  • Motorcycle Accidents: Protective Safety Gear

    Allen, Allen, Allen & Allen Personal Injury Attorneys
    12 May 2015 | 5:00 am
    Author: Trent S. Kerns, Richmond, VA Personal Injury Attorney Riding a motorcycle can be a fun and liberating experience. However, because motorcyclists are exposed to the elements while they are riding, they need to take extra care in order to avoid injury. Being alert and aware of one’s surroundings is an important component of safe riding as is choosing appropriate personal safety gear to wear while riding. The Motorcycle Safety Foundation has published a guide to help current and prospective motorcyclists select the right helmets, face protection, footwear, gloves, riding suits, and…
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    Construction Law Musings- Richmond, VA

  • Happy Memorial Day Wishes from Construction Law Musings

    Christopher G. Hill
    25 May 2015 | 7:00 am
    American flag (Photo credit: Wikipedia) Well, the office is closed and I am enjoying the day off with my family and friends and I hope that you are doing the same. Here’s wishing all of the readers of this construction law blog a great Memorial Day. Thanks for your readership and comments and a special thank you to all of our men and women in uniform for these are the folks (past and present) that this day is all about. Have a great day and Musings will be back up and charging ahead in the days and weeks to come. As always, I welcome your comments below.  Please subscribe to keep up…
  • Back Posting with Thoughts on Lien Waivers

    Christopher G. Hill
    18 May 2015 | 6:00 am
    The seals of the Commonwealth of Virginia (Photo credit: Wikipedia) After a week of being unable to post due to the rigors of my solo construction practice, I’m back on the blogging train.  For those of you that missed my new musings this past week, I hope that you had a chance to look through some of the past Guest Post Friday posts for some good stuff to read. During the course of my busy week last week, a question came up regarding the mechanic’s lien waivers that commercial construction companies routinely execute as part of the payment process.  The waiver forms vary, but…
  • Greening Risks and Rewards – the Insurance Perspective (Part I)

    Christopher G. Hill
    4 May 2015 | 9:02 am
    Originally posted 2009-08-21 09:00:00. Republished by Blog Post Promoter Image of Martha Sperry For this week’s Guest Post Friday, Musings has a real treat.  Martha Sperry (@advocatesstudio on Twitter) is an attorney with extensive experience in the insurance industry. Martha’s clients have included underwriters and agents representing Lloyd’s syndicates, third party administrators and agents and various foreign and domestic insurers and reinsurers. Martha has provided claims handling advice, consultation on the drafting of policy forms and investigation and reporting on emerging…
  • Why Construction Law- An Update

    Christopher G. Hill
    4 May 2015 | 9:02 am
    Maps of counties in Virginia (Photo credit: Wikipedia) Back in 2009, only a year or so after my first post here at Musings, I posted on why I’m in the field of construction law.  Well, a lot has happened in the over 5 years since then, not the least of which is my move to solo practice in July of 2010 and the later certification as a mediator.  As I sit here, I look back at the passage of time and the events between my last thoughts on this subject and now and wonder if my thoughts have changed? Frankly, not much has changed as far as my attitude toward the practice of construction…
  • Green BIM and Ham

    Christopher G. Hill
    21 Apr 2015 | 7:03 am
    Originally posted 2009-07-24 09:00:00. Republished by Blog Post PromoterFor this week’s Guest Post Friday, Musings welcomes its second repeat poster, Gregory Arkin. Greg is the Vice President of CADD Centers of Florida and Director of Business Development. CADD Centers is a 25-year old software dealer with exclusive rights in the U.S. to sell over 30 BIM products – the greatest concentration of such products in the world. Mr. Arkin is a 3rd generation General Contractor with an extensive 28 years in construction and building technology. Gregory’s passion and energy drives him to change…
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    CAFA Law Blog

  • Coordination Can Be Limited To Pre-Trial Purposes To Avoid CAFA’s Mass Action Jurisdiction (McGlinchey Stafford PLLC)
    14 May 2015 | 8:52 am
    Aiona v. Bayer-Healthcare Pharm., Inc., 2015 WL 293496 (N.D. Cal. Jan. 20, 2015) Where a petition for coordination unequivocally stated that coordination was sought only for pre-trial purposes and not for a joint trial, a district court in California found that the actions did not qualify as a mass action under CAFA. Plaintiffs filed a Joint Petition for Coordination (the “Joint Petition”) under California Code of Civil Procedure § 404.1, seeking to coordinate 7 similar actions brought against the same defendant.  The plaintiffs made clear in their Joint Petition that they did not seek…
  • California Court Applies Dart Cherokee To Retain Jurisdiction Despite Evidentiary Objections (McGlinchey Stafford PLLC)
    1 May 2015 | 8:48 am
    Roa v. TS Staffing Servs., Inc., 2015 WL 300413 (C.D. Cal. 2015) A district court in California applied the ruling in Dart Cherokee Basin Operating Co. v. Owens, 135 S.Ct. 547 (2014), and retained jurisdiction over a plaintiff’s evidentiary objections to a notice of removal, finding that when a plaintiff does not challenge the underlying allegations in a notice of removal, they are presumed to be true for the purposes of federal jurisdiction under CAFA. Plaintiff sought to remand a case on the basis of several evidentiary objections raised to a declaration filed in support of a notice of…
  • Claims Under California’s Private Attorneys General Act Not Subject To Removal Under CAFA, Says District Court (McGlinchey Stafford PLLC)
    14 Apr 2015 | 9:57 am
    Bailey v. Redfin Corp., 2015 WL 276849 (C.D. Cal. Jan. 21, 2015). Relying on the Ninth Circuit’s ruling in Baumann v. Chase Inv. Servs. Corp., 747 F.3d 1117, 1122 (9th Cir. 2014) a district court in the Central District of California held that claims under California’s Private Attorneys General Act (“PAGA”) cannot be a basis for removal under CAFA. Plaintiffs, employed as real estate field agents by defendant, brought an action under PAGA, and alleging various violations of California labor laws. The defendant removed the action, alleging that diversity jurisdiction existed under…
  • New Jersey’s exercise of its quasi-sovereign powers by way of filing parens patriae action is beyond the dominion of CAFA (McGlinchey Stafford PLLC)
    10 Apr 2015 | 3:00 am
    West Virginia ex rel McGraw v Bristol Myers Squibb Co., 2014 WL 793569 (D.N.J. Feb. 26, 2014). In this action, the District Court in New Jersey held that  For those unfamiliar with those types of actions, the District Court was kind enough to provide a footnote explaining parens patriae, literally “parent of the country,” is a doctrine that provides a state with standing to sue as a guardian of its citizens when the state can “articulate an interest apart from the interests of particular private parties.” Here, the State of West Virginia, by its Attorney General alleged that the…
  • CAFA Law Blog Editors Publish Article Arguing that Supreme Court’s Dart Cherokee Decision Creates Presumption in Favor of CAFA Removal (McGlinchey Stafford PLLC)
    9 Apr 2015 | 6:54 am
    CAFA Law Blog editors – Anthony Rollo, Michael Ferachi, and Gabe Crowson – recently published an article in March 27, 2015 edition of Bloomberg BNA’s Class Action Litigation Report, titled Supreme Court Rejection of Presumption Against Removal of CAFA Cases in Dart Cherokee Opens Door to Presumption in Favor of CAFA Removal.  A copy of the article can be found here: PDFArtic In their article, the authors argue that the Supreme Court’s decision in Dart Cherokee Basin Operating co., LLC v. Owens, 2014 BL 350806, 135 S. Ct. 547 (Dec. 15, 2014) opens the door to a…
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    Lowering the Bar

  • Other Things to Read!

    22 May 2015 | 11:38 am
    Here are some reading recommendations for the holiday weekend (this assumes, of course, that you have already read carefully and in full each of the 3,396 posts and one book that I have spewed forth to date): Former federal prosecutor and current author Alison Leotta has a new novel out, called A Good Killing (Amazon, B&N). I haven't read this one yet but have read her earlier stuff and liked it a lot, even though there was not a single alien or spaceship in any of it. Especially if you like Grisham-style legal thrillers, get this one. Has Alison noticed yet that her…
  • Police Report Says 12-Year-Old's Crime Was "Abated by Death" (After They Shot Him)

    21 May 2015 | 2:49 pm
    You hopefully recall the case of Tamir Rice, the sixth-grader killed by a Cleveland police officer last November even though the 911 caller who reported that the boy had a gun told the dispatcher it was "probably fake." This is the case where the police pulled up right next to the kid, hopped out and shot him within two seconds of stopping, and then knocked down and handcuffed his 14-year-old sister when she tried to run to him. All captured in the first two minutes of this surveillance-camera video. This doesn't make it worse, I guess, because how could it? But it's awful. Shaun…
  • Judge Ignores Defense Lawyer Because He Is an Owl

    21 May 2015 | 12:25 pm
    The caption in this KGMH report oversells the story a bit, but then so does my headline. The Aspen Times reported on May 19 that a man who was accused of violating a protective order brought a stuffed owl along with him and suggested that it was going to act as his defense attorney. Referring to the owl as "Solomon," presumably to suggest wisdom, Charles Abbott claimed that it had no fewer than three law degrees and was more responsive than a public defender was likely to be. "He's a very sensitive guy," Abbott told the judge, "[and] has law degrees from Yale, Harvard, and Stanford." He…
  • The Octopus: Honorary Vertebrate?

    20 May 2015 | 12:55 pm
    Those of you who specialize in octopus law already know this, of course, but I just learned that at least in the European Union the octopus is treated as a vertebrate for certain legal purposes. If knowing this doesn't seem important to you, what are you doing here? Shouldn't you be doing something billable? Anyway, this has to do with laws that set certain conditions to protect animals that may be used in scientific research. It appears that these laws traditionally have only applied to vertebrates, probably because vertebrates have more highly developed nervous systems and so a greater…
  • Okay, Who's Gonna Go Argue That the Nun Threatened National Security?

    16 May 2015 | 3:17 pm
    Anybody? Somebody's gotta go do it, guys. Oral argument's coming up in the Sixth Circuit.... No, we can't just dismiss the charges. Yes, you have to do it with a straight face. C'mon. I need a volunteer here. Okay, then I'm just gonna pick somebody....  Jeff. You were late today, so you can handle this one. Yep. It's all you, buddy. Have fun. Break a leg. I assume something like that happened earlier this year in connection with the case of Sister Megan Rice, the 85-year-old peace-activist nun who led a daring commando raid on the Y-12 nuclear weapons complex at Oak Ridge, and by…
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    Ohio Family Law Blog

  • Narcissism: Is it all about you?

    Guest Contributor Gregory Ramey, PhD, Child Psychologist and Dayton Daily News Columnist
    23 May 2015 | 1:06 am
    Rates of Narcissism Increasing With College Kids and Children I grew up during a time when my generation was encouraged to “do your own thing.” I wonder if we’ve taken that advice to the extreme. Lots of different trends support the view that we’ve become incredibly self-absorbed, with a focus on what we want rather than on a concern for others. Status, power and physical attributes seem to be of highest priority. Academic researchers have documented increasing rates of narcissism among college kids and an inflated sense of self-worth among children in general. Cosmetic surgery for…
  • Children, App Technology, and Messaging Safely

    Robert L. Mues
    17 May 2015 | 2:33 am
    How vulnerable Are Children In Today’s App Technology-Driven Internet World? New Certified Messenging Chat App For Children Provides Safe Monitoring For Parents And Encourages Responsible Social Media Development Summer is coming. These are the words that children ages 6-17 dream of hearing everyday as they’re leaving school.  Ten to fifteen years ago, summer meant baseball, bikes, and adventures outside with your friends.  The recent changes in technology have also brought about changes in interest among younger individuals in our population.  Today, summer means iPads, TV’s,…
  • Mother’s Day – Valuable Tips For New Stepparents

    Robert L. Mues
    8 May 2015 | 11:41 pm
    The Challenges of Blending Families – Important Advice For Mother’s Day Patience Is Key When Stepmothers And Grandmothers Are Raising Their Grandchildren As Their Own Says Author Kate Fogerty NOTE: I was considering writing a new article about Mother’s Day so I began by looking through the Ohio Family Law Blog archives. Some advice is timeless. This one from seven years ago is still on point. Here is a reprise of “Mother’s Day – A Very Special Day!” We wish all Mother’s and Grandmother’s a wonderful Mother’s Day filled with smiles,…
  • 3 Ways to Save a Bad Marriage

    Guest Contributor Gregory Ramey, PhD, Child Psychologist and Dayton Daily News Columnist
    2 May 2015 | 12:03 am
    You got married hoping for a soul mate, but ended up in a relationship that feels like a roommate. You know that marriages are never perfect. You expect occasional disagreements and a certain boredom that comes after a while from living together. The experts say that a good marriage partner does four things very well:  communicates, resolves problems, builds trust, and does nice things for their spouse. You rarely have those experiences with your partner. You think about divorce, but you’re scared.  You tolerate a known meaningless marriage to avoid an unknown future. Maybe this is as…
  • Prenuptial Agreement: Is it Enforcable If You Dispose of It?

    Robert L. Mues
    25 Apr 2015 | 2:01 am
    Does Tearing up Your Executed Prenuptial Agreement in Ohio Revoke or Invalidate it? Recently, a New York court held that a husband could enforce a prenuptial agreement against his wife upon divorce, even though at the time the parties had no intention of ever being bound by the agreement and he ripped up his photocopy of the agreement at the same time his wife ripped up her original.  Braha v. Braha, 2014 NY Slip Op 51532. QUESTION: The question presented here is, would the case yield the same result if it was adjudicated in Ohio? DISCUSSION: In Braha, the parties stated that they entered…
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    3 Geeks and a Law Blog

  • ModioLegal: Hear the Future of Legal News

    21 May 2015 | 11:29 am
    A couple months ago, I had a great conversation with Kevin Mitchell of ModioLegal about his product and its "reading the news" concept. He and I talked about the different methods of delivering information and current content to lawyers and we both agreed that we thought the methods of print distribution, email, or RSS feeds allow for massive amounts of information to be disseminated, but that there should be better ways of presenting complex information in a way that is more convenient to access. Kevin's idea was to produce a way of delivering the information in audio format and providing…
  • Dan and Jane tackle Business Cards

    15 May 2015 | 11:37 am
    Dan and Jane return after a very long hiatus.  Inspired by Marlene's terrific post and the impassioned discussion that it began amongst friends. Jane: Dan!  I haven't seen you forever.  How have you been?! Dan: I'm sorry.  Do I know you? Jane: It's me, Jane.  We used to do 3 Geeks Point/Counter-point posts a couple of years ago?  You were the blowhard gasbag that was wrong about absolutely everything! Dan: Oh! And you were the ignorant fool who incessantly contradicted me!  Yes, I remember now.  How have you…
  • How Do You Connect?

    13 May 2015 | 11:00 pm
    Image [cc] Clive Darra I started a very robust conversation with some colleagues the other day, including Dan and Jane of this site, who I am certain you will hear from soon, about a decision my team made to opt out of business cards.  The initial conversation came up because I often get asked for cards.  I don’t carry them.  I haven’t for years.  I prefer not to carry paper around.  See, I have kids, and kids get into handbags.  Consequently, I don’t want to carry anything that is not essential, especially things that can be taken and squirreled away as…
  • In praise of failure, Part II

    4 May 2015 | 1:00 am
    I read Nick Milton's Must you fail in order to learn? post on Friday with trepidation.  I have written of the importance of failure a few times (In praise of failure, Ryan's rules for projects) and I talk about it all the time.  I often say my philosophy is 'to fail quickly' and after reading Milton's post, I stand by that. It's not that I strongly disagree with anything he says, I don't really.  He's right about nearly everything. Personal failure is absolutely NOT necessary in order to learn, but he tacitly concedes that knowledge itself always comes from…
  • Tech and Lawyers: Let's Start Simple

    1 May 2015 | 9:37 am
    Image [cc] Rachel As I was rolling around the Future Law conference via my Beam vehicle on Thursday, Twitter was lighting up with a series of tweets from the actual presentations (as well as about my robot form.) During his State of the Art of Legal Technology session, Professor Oliver Goodenough fielded a question that even he admitted was loaded. "What is the biggest obstacle to integrating technology in the legal field?" Everyone kind of chuckled when they heard the question because everyone saw the answer coming... "Lawyers." Now, to be fair to the audience and to Prof. Goodenough, the…
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    Gamso - For the Defense

  • Resuscitating the Dying

    18 May 2015 | 7:29 pm
    It was 20 years ago when Clifford O'Sullivan sat on the witness stand in a California courtroom.  He was six years old.  He could barely see above the railing.  But he was there to testify.  Eighteen months earlier, his mom, Kellie, was on her way to pick him up from day care.  She didn't get there. Some time later they found her body. She'd been abducted, taken into the mountains off the Mulholland Highway, and shot to death.Now, six-year-old Clifford was on the witness stand.  Mark Scott Thornton had been convicted of the murder.  Clifford knew what…
  • Six Long Years

    18 May 2015 | 6:11 pm
    Six years.  I've been doing this thing for six years now.  The first post was May 18, 2009.  I just looked up the numbers.  When this one is published, I'll have put up 1198.  There are another couple of hundred I've started but abandoned for one reason or another.  This is a hobby, not an obligation.I began when I returned to private practice after 5 years as legal director of the ACLU of Ohio.  I figured it would generate business.  Quickly, I concluded that I had neither interest nor skill at writing the sorts of things that were likely to generate…
  • On Juries

    12 May 2015 | 5:05 am
    I’m not absolutely sure that it’s not Pedro Hernandez. But that’s my how our legal system works.Adam Sirois, the lone juror who voted not guilty in the Pedro Hernandez trial. Consistently. Over some 100 hours of deliberations.Adam Sirois, who doesn't know whether Pedro Hernandez abducted and killed 6-year-old Etan Patz in 1979. He sat and listened to all the testimony. As did the other 11. He paid attention to it all. As, we must assume, did they.At times he was certain Hernandez did it. At the end, the other 11 were. But after all was said and done, he wasn't sure enough. Reasonable…
  • Grandpa Will - Fugitive From Justice

    6 May 2015 | 5:05 am
    Assuming Florida extradites him what then?Frank Freshwaters is 79.  Which means he was around 24 then, 22 when this all started.  It started with an auto accident.  He was driving 50 in a 35 zone.  Hit and killed a guy.  Entered a guilty plea to involuntary manslaughter, got sentenced to 5 years probation with up to 20 years of prison hanging over his head if he violated.  A few months later he went and got himself a driver's license.  That was a violation and the judge shipped him.  After 8 months behind bars, theoretically facing another 19 plus…
  • Got Plans for the Next 3 Years? How about Burning Someone at the Stake?

    4 May 2015 | 10:23 pm
    In May, 1984, John David Stumpf shot and killed Mary Jane Stout.  (He shot her husband, Norman, too, but Norman didn't die.)  He's been sitting on death row in Ohio for the last 29 years. In January 1997, Doug Coley shot and killed Samar El-Okdi. He's been on death row in Ohio since 1998.In June 2001, Stanley Fitzpatrick killed Shenay Hayes, Doreatha Hayes, and Elton Rose.  He's been on death row in Ohio since 2002.This morning the Ohio Supremes, Justice O'Neill dissenting because he believes the death penalty unconstitutional, set dates for their executions.  January 3,…
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  • Week Adjourned: 5.22.15 – Starbucks, AT&T, Car Loan Robocalling

    22 May 2015 | 4:47 pm
    Top Class Action Lawsuits The King of Coffee is facing a class action lawsuit alleging a bit of consumer fraud—in the guise of misleading advertising. The lawsuit alleges Starbucks advertised prices for product that are lower than those charged by baristas. That’s not very nice. Specifically, the Starbucks lawsuit contends that the coffee brewers advertising for […]
  • Taco Wars Lawsuit in a Galaxy Somewhere in NYC…

    21 May 2015 | 1:25 pm
    A Star Wars sequel no one’s been waiting for? Two restaurant owners in New York who sued each other have been likened by friends to Luke Skywalker and Darth Vader—and it’s all over tacos… One of Manhattan’s trendiest taco shacks (key word: shack)—Rockaway Taco—was the subject of a legal battle—by its two owners, ok, not […]
  • Week Adjourned: 5.15.15 – Wells Fargo, JP Morgan Chase, Bar Exam Software

    15 May 2015 | 12:16 pm
    Top Class Action Lawsuits Wells Fargo playing fast and loose with customer accounts? Maybe…It got hit with a class action lawsuit this week by a former customer who claims that California’s largest bank engages in consumer banking fraud. What does that mean exactly? Well, Shahriar Jabbari of Campbell, CA, alleges that he and a nationwide […]
  • Black Lab Sues Con Ed after Manhole Cover Blast

    13 May 2015 | 7:35 am
    Ok—this ain’t so crazy—well the circumstances are—but not the lawsuit. Abby the Black Lab is suing Con Edison—together with her owner, 71 year old Salvatore Grillo—both of whom were seriously injured in a random explosion near Prospect Park, Brooklyn, in February. Random explosion, you ask? Why yes—an exploding manhole cover actually. (I never did trust […]
  • WTF: We Found your Leg in the Garbage

    11 May 2015 | 11:18 am
    What do you call garbage? Difficult question right? Well, maybe not so much, at least not in this case. A hospital in Coral Gables, South Florida, has found itself on the end of a lawsuit after a patient who underwent amputation of part of his leg, had the amputated limb returned to him by the […]
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    Are You Reading These Posts?

  • Lawyers: Would Your Own Mother Read Your Content?

    Lance Godard
    6 May 2015 | 10:52 am
    Is your writing so filled with jargon, so dry, so "cure-for-insomnia boring" that your own mother wouldn't read it? You wouldn't be alone if it were, writes John Byrne in Lawyers: Want Your Content Read? Follow These 7 Tips! Fortunately, you can get your mom sharing your content in no time if you take Byrne's advice. Like this:Don’t bury your leads or write like you’re getting paid by the word. Get to your points quickly and try your hardest to keep things moving. Oh, and try as hard as humanly possible to leave out the legal jargon, esoteric legal principles and the Latin. Carpe cut…
  • Do You Know If Your Client Is Changing Lawyers?

    Lance Godard
    3 Apr 2015 | 9:03 am
    It's true that a client can fire her lawyer for any number of reasons. But most of the time, writes Pam Woldow in How You’ll Know When Your Firm’s Been Fired. you won't see it coming. That's because she probably won't ever come out and say that you're going to lose her work:The fired firm was just quietly going to be choked off, using a tactic the GC called “the long tail,” meaning don’t jerk ‘em around or humiliate ‘em, just gradually turn down the wick until the light goes outRead the post. Pay special attention to Woldow's five signals that the work is drying up. Ask…
  • "Client Focus" Is In The Eye Of The ... Client

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

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

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

  • The Publication Pollution Problem, Part II: Episode Spam-A-Lot

    Tara Jenson
    22 May 2015 | 6:30 am
    We recently covered the spotlight being cast on the threat of legitimate science publishing being murdered to death under the weight of metric fucktons of plagiarism, gibberish, errors, predatory publications1 or just stone cold made-up data.2 One of the aspects driving publication pollution asserted by Art Caplan, that of predatory publishers3, is the subject of a study released last week.4 Specifically this study takes a run (the very first, according to the authors) at spam. No, not your usual spamtastic fare like “Are you a STUD or a DUD – low cost V.1 a g r A” or emails from a Mr.
  • Bar Exam Survival Tips, Because You Need All The Help You Can Get

    Stefan BC
    22 May 2015 | 6:10 am
    Throughout most of the country right now it is graduation season. Across thousands of colleges and high schools, scores of new graduates are celebrating remarkable academic accomplishments with their families, all while planning for a future full of hope and possibility. YOU on the other hand went to law school, so your graduation felt either like (at best) a giant waste of time, or (more likely) a forced party designed to temporarily distract you from the inevitable horror show abyss that awaits you. That’s because (duh) the bar exam is coming, and if you aren’t freaking the fuck out…
  • Story Time: Live Blogging ‘Conquered By Clippy: An Erotic Short Story’

    21 May 2015 | 6:48 am
    In what has somehow developed into a regular feature, we live blog Conquered by Clippy: An Erotic Short Story by Leonard Delaney  in which Clippy gets its comeuppance. Join us, Thursday May 21 at 9am Central, to weigh in on the insanity. The post Story Time: Live Blogging ‘Conquered By Clippy: An Erotic Short Story’ appeared first on Bitter Empire.
  • The End Of Letterman’s ‘Late Show’ And Comedy Thereafter

    Kaleb Horton
    21 May 2015 | 6:41 am
    Fifteen years ago, I was positive David Letterman was on his deathbed. He was in his fifties, which I always heard is when people start to die of bad luck, and his father died of a heart attack at the age of 57. He was having a quintuple bypass – a whole three more bypasses than I knew existed. When he came back, I couldn’t quite believe it. And after that, I regarded each new episode as a minor miracle. Even his retirement is a bit magical if only because it’s 2015. I got to watch him for fifteen years longer than I expected. Letterman was an unrivaled late night host because…
  • We Are So In Love With This Law Firm Logo We Can Hardly Stand It

    Lisa Needham
    21 May 2015 | 6:40 am
    If you are any sort of bitter lawyer worth your bitter salt, you should be hella jealous that you never thought of the logo that Oklahoma criminal defense attorney Joi McClendon came up with. Yes, that’s a skull and crossbones with the scales of justice as the eyes and gavels as the crossbones. See? Told you you would be jealous. Turns out Ms. McClendon’s landlord is quite the delicate flower, however, and finds the logo offensive. [McClendon] must vacate her office space near Penn Square Mall following a dispute over her logo. […] The landlord of McClendon’s office…
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    Rochester Bankruptcy and Debt Relief

  • Unpaid College Tuition Can Be Discharged In Bankruptcy

    16 May 2015 | 5:31 pm
    Generally, pursuant to Section 523(a)(8) of the Bankruptcy Code student loans are not dischargeable in bankruptcy, unless the debtor is facing truly remarkable circumstances. However, unpaid college tuition is not treated the same way and can be discharged in bankruptcy. In a recent case, D’Youville College v. Girdlestone (AP 14-1018 W.D.N.Y. 2015), Bankruptcy Judge Carl L. Bucki held that unpaid college tuition is treated differently than unpaid  student loans and that the changes in the bankruptcy code in 2005 did not alter the results of the earlier Second Circuit cases. In…
  • Changes to the Bankruptcy Means Test as of May 15, 2015

    28 Mar 2015 | 5:41 pm
    Once again, the means test figures for median income are being changed as of May 15, 2015. In New York, it means that the amount of income that the debtor can have before being forced into a Chapter 13 Bankruptcy is going to increase. Through May 14, 2015, a single debtor in New York could have $48,840 in income in income and still be able to file Chapter 7 Bankruptcy.  Starting May 15, 2015, that figure has been increased to $49,632.  Similar increases will take place for all family sizes. The comparison of the existing and new income limits is below. Old Income Limits FAMILY SIZE 1…
  • Reinstatement of Dismissed Chapter 13 Bankruptcy

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

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

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

  • I want to believe some psychopaths have feelings 

    Douglas Keene
    25 May 2015 | 4:02 am
    Most of us find the behavior of the true psychopath frightening enough that we have few issues with locking them up and throwing away the key. They seem so very different from us and hearing the facts of their behavior is frightening and leaves us feeling unsafe. If you are not afraid of the psychopath, read a few of our posts on psychopathy and watch your mind change. Now that you have accepted the reality that all psychopaths are cold, callous and untreatable, here’s something to ponder. A new study tells us that contrary to popular belief, there are some psychopaths who have feelings and…
  • The Dirty Dozen Scale 

    Rita Handrich
    22 May 2015 | 4:02 am
    This is not a scale to help you determine if your fruits and vegetables are dirty. This is for a different kind of dirt commonly referred to as the dark triad. Psychopathy, narcissism and Machiavellianism make up the dark triad of personality traits and they are traits we all want to identify at different points in time. You might think of the dark triad as ubiquitous in the truly “bad boy” to whom many are drawn (for brief periods). This research scale is short (only 12-items) and it is quickly gaining popularity among researchers for ease of use and accuracy in assessment of the traits.
  • Narcissists and Pronouns: “I”, “me”, “mine” 

    Douglas Keene
    20 May 2015 | 4:02 am
    Conservative commentators like to say Barack Obama is cold and aloof (and narcissistic) because he uses so many personal pronouns in speeches. However, when compared to past Presidents, Obama’s personal pronoun use is actually lower than any President since 1945. It’s an interesting example of how our preexisting beliefs (and political orientation) skew how we hear things and thus form conclusions about others. Those of us who are old enough to remember the Beatles song I Me Mine, might think it an apt description of the narcissist. Narcissists are characterized by an unrealistic sense of…
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    Bar & Bench

  • Petition in Supreme Court to declare Mukul Rohatgi’s AG appointment void

    Murali Krishnan
    25 May 2015 | 4:43 am
    A petition has been filed in the Supreme Court praying for framing rules and guidelines for the appointment of the Attorney General. The petition has been filed by a law student Vibhor Anand. Anand has also sought removal of current Attorney General Mukul Rohatgi from the post. In his petition, Anand has contended that the appointment of  the Attorney General is done behind closed doors without following any prescribed procedure, reducing it to a political appointment based on the whims and fancies of the political class. This, Anand has contended, is arbitrary and violative of Article 14…
  • Its Official: Akshay Chudasama bids farewell to JSA to head to SAM

    Pallavi Saluja
    25 May 2015 | 4:02 am
    As first reported by Bar & Bench on May 19, J. Sagar Associates Partner Akshay Chudasama is leaving the firm to join Shardul Amarchand Mangaldas & Co. Chudasama’s resignation has been officially confirmed by the firm. JSA Managing Partner Berjis Desai commented, “Akshay is leaving JSA to pursue a career with another law firm. He has had a great innings at JSA and we wish him yet another great innings with his new firm. His dynamism and vitality will surely be missed.” Chudasama will be joining Shardul Amarchand Mangaldas as Regional Managing Partner, according to our sources.
  • NLU-Mumbai receives 3,000+ applicants for entrance test (General update)

    Anuj A
    24 May 2015 | 10:11 pm
    Things appear to finally be looking up for the national law university at Mumbai. Apart from getting a temporary campus at the Tata Institute of Social Sciences, the university has also seen a healthy interest amongst pre-law students. The university has received over 3,000 applications for its first entrance examination, to be held early next month. Speaking to Bar & Bench, Prof. Bhavani Panda revealed that the university has also received a fairly large number of applications in response to faculty advertisements. Prof. Panda is looking to recruit faculty on a contractual basis,…
  • Ex-Tata Capital HR Group Head, Amar Sinhji, joins Khaitan & Co

    BB News
    22 May 2015 | 3:45 am
    Amar Sinhji, who was previously Group Head of Human Resources at Tata Capital, has joined Khaitan & Co as an Executive Director, Human Resources. Sinhji has spent 15 years with the Tata Group in various group companies, prior to which he has also worked with the Essar Group and Bharat Petroleum. Last year, KPMG Partner Gautam Chemburkar was hired by Khaitan & Co to lead the Strategy function. Like Gautam, Amar will join the Management Team of Khaitan & Co which includes the Chief Operating Officer and the Chief Financial Officer. The Management Team reports to the Executive…
  • #RecTracker: 58 students from HNLU Raipur’s Class of ’15 placed

    Aditya AK
    21 May 2015 | 6:55 pm
    Hidayatullah National Law University (HNLU) Raipur has placed 58 students from its graduating batch this year. Out of a 146 students, 81 registered for placements. A total of 64 offers were made by different recruiters, which converted into 58 jobs (including PPOs). Firms like Cyril Amarchand Mangaldas, Khaitan & Co, Trilegal and Lakshmikumaran & Sridharan were among the recruiters. A total of 16 students were offered a job with the Law & Legislative Department of the Chhattisgarh government. Here is the breakup of the offers: Students who did not participate in the recruitment…
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    South Florida Lawyers

  • Disney = Death! (Also: Happy Memorial Day!)

    South Florida Lawyers
    25 May 2015 | 10:20 am
    "You may leave from Mars, you may leave from Uranus....."
  • I Wanna Rock...for Dade Legal Aid!

    Guest Blogger
    22 May 2015 | 10:42 am
    It's that time of year again, when we harken back to our years at Greynolds Park and gather round the stage, hold our lighters high and scream while middle-aged lawyers live out their Rock Star fantasies.Who am I kidding? I am jealous as hell that I don't have a musical bone in my body and that I sound like a stray cat in heat when I try to "sing." I'd give anything to be on stage with them, playing the spoons. (Hint, hint.) And all for a great cause - Dade Legal Aid.Click HERE to register for the 4th Annual Battle of the Bands to benefit Dade Legal Aid, and save the date - Saturday May 30,…
  • And She Dropped the Mic!

    South Florida Lawyers
    22 May 2015 | 7:55 am
    Attention would-be judicial quoters, pop-culture referencers, and those who try to crack the funny, wry, witty, or ironic when donning the robes of authority, this is how it's done:A rose by any other name may smell as sweet. See William Shakespeare, “Romeo and Juliet,” act 2, sc. 2. People, not so much.BOOM!Seriously, this is the gold standard.Wow, I suddenly feel elated going into the long holiday weekend.Thank you Judge Bloom!
  • What Makes Lawyers Happy?

    Guest Blogger
    21 May 2015 | 12:52 pm
    So asks the Daily Business Review in this article. The answers, according to the DBR poll?A sense of autonomy...being authentic and true to oneself. Relatedness to other people.Internal motivation for work - how much they chose their work because they actually enjoy it day to day and the purpose is important to them rather than external reasons like pay or prestige.What, are these lawyers in Sweden?We took our own little poll and here is what we found makes SF lawyers happy.All part of selling your soul to the devil, I suppose.
  • Can the 3d DCA Escape FL Supreme Court Review With a One-Sentence Affirmance?

    South Florida Lawyers
    21 May 2015 | 9:17 am
    No it cannot you crafty fellows: Dr. Weingrad argues that there is nothing in the Third District’s one-sentence affirmance that provides this Court with jurisdiction under article V, section 3(b)(3), Florida Constitution. We disagree. Under article V, section 3(b)(3), of the Florida Constitution, this Court has jurisdiction to review a decision of a district court of appeal that “expressly and directly conflicts with a decision of another district court of appeal or of [this Court] on the same question of law.” Art. V, §3(b)(3), Fla. Const.The decision on review is not merely an…
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    Compliance Building

  • Compliance Bricks and Mortar for May 21

    Doug Cornelius
    21 May 2015 | 5:00 am
    It’s a day early because of the long weekend. If you’re looking to read some other compliance-related stories this weekend, these are some that recently caught my attention. Former SEC Chairman Cox Weighs in on Administrative Proceedings by Bruce Carton in Compliance Week On Wednesday, former SEC Chairman Christopher Cox offered his own interesting perspective on the SEC’s use of administrative proceedings. In his remarks at Securities Enforcement Forum West 2015 entitled, “The Growing Use of SEC Administrative Proceedings: An Historical Perspective from Congress and…
  • Vertical Integration of Fund Manager and Related Party Expenses

    Doug Cornelius
    20 May 2015 | 5:00 am
    Marc Wyatt had been on the job for 16 days as the Acting Director Office of Compliance Inspections and Examinations when he took his first shots at private fund managers. He took a shot directly at real estate fund managers and indirectly at other types of fund managers with vertical integration. The Speech While we found that sometimes these ancillary services are indeed not disclosed, a more frequent observation was that investors have allowed the manager to charge these additional fees based on the understanding that the fees would be at or below a market rate. Unfortunately, we rarely saw…
  • Brady, Footballs, and Tone at the Top

    Doug Cornelius
    18 May 2015 | 5:00 am
    Handsome rich man from New England forced to take four-week vacation with supermodel wife. As a football fan, New England Patriots fan and a compliance professional, I can’t let the Wells Report and the punishment levied by the NFL pass without comment. There was a violation of the league rules and there should be punishment. A low level employee, Jim McNally, admitted to working on the footballs. A high-level manager, Tom Brady, had previously expressed his dissatisfaction with the condition of the balls. Brady has said he likes his footballs inflated to the lowest permissible levels…
  • Compliance Bricks and Mortar for May 15

    Doug Cornelius
    15 May 2015 | 5:00 am
    These are some of the compliance-related stories that recently caught my attention. You need to build a wall, brick by brick. Cyberattacks Represent Top Risk, SEC Chief Says by Andrew Ackerman in the Wall Street Journal “One of my major concerns about this area is nearly everybody gets how high-level the risk and priority of this is,” she said at a conference sponsored by a mutual-fund group. “But who’s really got the ticket overall to make sure that it’s all sort of coming together in an optimal way? That’s something we’re still working on I think in the government.”…
  • What To Expect From The SEC In The Year Ahead

    Doug Cornelius
    13 May 2015 | 2:17 pm
    These are my notes, live from the forum. (Please pardon the rougher nature.) Speaker: Marc Wyatt , Deputy Director -Office of Compliance Inspections and Examination, US Securities and Exchange Commission (Of course, his comments are his own and don’t represent the viewpoints of the Commission or the rest of the staff.) This also only his 16th day in this position. The “presence exam initiative” was a response to the flood of new registrants coming from Dodd-Frank. The SEC wants to push the results back to the firms. Capital formation is important. The private equity industry…
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    Simmons Hanly Conroy

  • Asbestos Occupation Spotlight: U.S. Navy Veterans

    Christopher R. Guinn
    22 May 2015 | 8:00 am
    More than 30 percent of Americans diagnosed with mesothelioma were first exposed to asbestos during their time in the military. While veterans from all branches of the military were exposed to asbestos, Navy veterans account for an unusually high number of mesothelioma victims. Nearly every ship and shipyard built by the U.S. Navy was constructed with asbestos materials. Asbestos was so common on navy ships and submarines because of its strength and heat-resistance properties – properties ideal for engine and boiler rooms that generate excessive amounts of heat. There were many other parts…
  • Lumber Liquidators Facing Class Action Lawsuit for High Formaldehyde Levels in its Laminate Flooring

    Mitchell Breit
    12 May 2015 | 11:20 am
    Investigations have found that Lumber Liquidators’ Laminate Flooring products contain dangerous levels of formaldehyde. The investigations examined 150 boxes of the bamboo flooring and in all tests, the flooring failed to meet formaldehyde emission standards set by California state law. In fact, some of the flooring tested nearly twenty times over the allowable formaldehyde level. This made the flooring illegal to sell in California, yet soon after the findings were published, Lumber Liquidators put the flooring on clearance. The high levels of formaldehyde have led to diminished property…
  • How Much Does it Cost to File an Asbestos Lawsuit?

    Michael J. Angelides
    6 May 2015 | 6:04 am
    Nothing. With Simmons Hanly Conroy, it won’t cost you anything to file an asbestos lawsuit. We front every case. What does this mean for you? By pursuing a mesothelioma lawsuit with our firm, you incur zero financial risk. Our experienced legal staff will investigate your claim, which includes researching your asbestos exposure history, at no cost to you or your family. Should one of our lawyers decide to represent you or file a case, there will still be no cost to you or your family. We operate on a contingency fee, meaning our lawyers only collect a fee if and when you collect a…
  • ADAO Asbestos Awareness Conference: Where Action and Awareness for Asbestos-Caused Diseases Unite

    Simmons Hanly Conroy
    5 May 2015 | 12:21 pm
    When Linda Reinstein and Doug Larkin first started the Asbestos Disease Awareness Organization eleven years ago, they had no idea how much it would grow. In mid-April, the group hosted its 11th annual International Asbestos Awareness Conference, which was attended by over 200 people. “We had a mission and a vision to end the mesothelioma that was ravaging through our loved ones bodies,” said President Linda Reinstein, while recounting the story of ADAO’s origins. As she spoke, a picture of the attendees of the organization’s first conference glowed to either side of her on two large…
  • How to Keep a Lookout for Asbestos During Spring Cleaning This Year

    Amy E. Garrett
    28 Apr 2015 | 6:33 am
    As a homeowner, you may be getting ready to start your spring cleaning for the year. This may include general home maintenance, like washing windows, cleaning out your garage, or getting your carpets professionally cleaned. For some people, however, spring cleaning may include more thorough projects like home renovations or repairs. If your home was built prior to the 1990s, it’s important to know where you might come into contact with asbestos as you spring clean. Here are a couple of examples to keep in mind: Cleaning out the attic Houses built between 1930 and 1950 may have asbestos as…
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    Texas Wills and Trusts Law Online

  • Who Inherits If The Beneficiary Of My Will Dies Before Me?

    Rania Combs
    22 May 2015 | 8:00 am
    Although it’s unpleasant to consider, there is a possibility that those whom you’d like to benefit in your Will may not survive you. For example, you may wish to give all your worldly possessions to your spouse, but he or she may die before you. Or you may wish to pass your estate to your children in equal shares, but one of them may die before you. What happens then? Who would inherit your property if one of your beneficiaries dies before you do? Survival Requirements The Texas Estates Code provides that a beneficiary of a Will must survive the testator by five days to inherit property…
  • Can A Biological Sibling of an Adopted Child Inherit Under the Texas Intestacy Statutes

    Rania Combs
    13 May 2015 | 7:30 am
    I recently got a note someone whose biological brother had been given up for adoption while he was a baby. His brother had just died in Texas without a Will. He wondered whether he was entitled to a share of brother’s estate. Section 201.054 of the Estates Code addresses the laws of descent and distribution for adopted children. It specifically provides that the biological parents of an adopted child, as well as the kindred of the biological parents, may not inherit from or through the adopted child. This section does not prevent adopted children from disposing of their assets by Will. For…
  • The Top 10 Reasons Why You Need An Estate Plan

    Rania Combs
    8 May 2015 | 8:00 am
    A recent survey found that approximately two-thirds of Americans don’t have a wills, and even fewer have power of attorneys or health care directives. Are you one of them? The survey suggests that the primary reasons why so few have Wills include: Procrastination Believing that getting a Will was not urgent Thinking they did not need a Will Not wanting to think about dying There are even fewer Americans with comprehensive estate plans, which include powers of attorney appointing someone to handle their financial affairs or make medical decisions for them if they become incapacitated.
  • Is Gift to Stepchildren Void if Testator is Divorced After Signing a Will?

    Rania Combs
    1 May 2015 | 8:00 am
    I received a note yesterday from someone whose mother had recently passed away. His mother’s Will, which was made before she divorced, identified her stepchildren as beneficiaries. The note’s author asked: “Do the stepchildren have any claim to my mother’s estate?” The Texas Estate Code specifically addresses this issue. Section 123.001(b) provides that if a testator makes a Will, and the testator marriage is later dissolved by divorce, annulment, or a declaration that the marriage is void, then all provisions in the Will, including fiduciary appointments, will be read as though the…
  • Who Are Your Beneficiaries?

    Rania Combs
    20 Apr 2015 | 8:00 am
    Who are your beneficiaries? When was the last time you updated your beneficiary designations? If you’re like most Americans, it’s probably been a really long time! Unfortunately that can lead to disastrous results. For example, I once received a heartbreaking call from a woman once whose husband had just passed away. Her husband had acquired an insurance policy before they got married. He had named his brother as the beneficiary and neglected to update it after he got married. When he passed away suddenly and unexpectedly, the proceeds of the policy passed to his brother, not his wife and…
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    A Connecticut Law Blog

  • Starting A Law Firm? You Need A Supplier

    Ryan McKeen
    4 May 2015 | 5:03 pm
    Opening and running your own practice involves a lot of things. One of those things is buying stuff. The stuff you need to run your show. Stuff like pens, paperclips, coffee, and tape. Anything that saves you time and money – makes you money. One of the best things that I’ve done for my practice in this respect is getting a WB Mason account. They offer same day delivery in most cases at prices lower than major office supply stores and Amazon. Getting what I need quickly and inexpensively means more time to focus on what matters – family and clients. I get nothing for this…
  • Starting A Law Firm? Use A Password Manager.

    Ryan McKeen
    10 Apr 2015 | 4:38 am
    In order to run our firm, we must be able to securely access websites. For example, our bank, our accounting software, and our practice management software. Passwords are the lowest hanging fruit on the security tree. Today’s law firms must use password managers to generate unique and complex passwords. Give Lastpass or 1Password a try. Protect your data. Protect your clients. Protect yourself. Choosing not to use a password manager is negligent if your data gets breached.
  • Starting a Law Firm? 6 Sentences of Law Firm Marketing Advice

    Ryan McKeen
    8 Apr 2015 | 11:47 am
    You try things. Sometimes they work. Sometimes they don’t. You quickly move off the what’s not working.  You double down on what works. What works always changes.
  • Eight Reasons We Won’t Take Your Case

    Ryan McKeen
    8 Apr 2015 | 5:53 am
    A lot of law firm advertising is centered around “have a case…call us” (see below). We do that too. However, we are selective in the cases we take. Being selective is the only way to insure that when we take a case that we can properly handle it. This benefits us and more importantly our clients. Here are 8 reasons we won’t take your case: 1. Outside our areas of practice. Law is complicated and getting more complicated. It is impossible for any lawyer to be competent in more than a few areas of law. For example, if you come to us with a workers compensation case, we…
  • May Dirty Snow Turn Into Dirty Water

    Ryan McKeen
    6 Apr 2015 | 7:20 am
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    Legally India - News for Lawyers

  • CLAT 2015 everything you gotta know: Highs, lows, winners, predicted cut-offs and what to do now

    23 May 2015 | 4:23 am
    CLAT is one exam which always keeps itself in the news for a variety of reasons and this year was no different. IMS CLAT tracker and teacher Rajneesh Singh shares some of the highs and lows and how to proceed.
  • Courts can totally tackle past tax terrorism cases; Jaitley to deal with rest

    22 May 2015 | 8:47 am
    Making it clear that the government did not believe in retrospective taxation, and had also taken action in the matter, Finance Minister Arun Jaitley on Friday said past cases will be decided by the judicial process, even as it will await suggestions from an expert panel.“I have already said old cases need to be resolved. The revenue department didn’t do anything,” the finance minister told a press conference here to mark one year of the National Democratic Alliance (NDA) government.“There was one decision in 2010, and in 2012 the decision was reversed. I have already…
  • Court grants bail to Jindal, Koda Rao in coal block allocation case

    22 May 2015 | 8:44 am
    A Delhi court today granted bail to industrialist Naveen Jindal, former Jharkhand chief minister Madhu Koda and eight others in a case relating to the allocation of coal blocks.Among others who got bail are former union minister of state for coal Dasari Narayan Rao and former coal secretary HC Gupta.As all the 10 individual accused appeared in the court in pursuance of summons issued against them on May 6, Central Bureau of Investigation (CBI) Special Judge Bharat Parashar granted bail to them and asked them to each furnish a personal bond of Rs.1 lakh each and surety of the like amount.They…
  • Patiala house district court mediation centre ribbon-cutting

    22 May 2015 | 8:43 am
    Justice JS Khehar of the Supreme Court today inaugurated a mediation centre at the Patiala House district courts here.Justice Khehar, in his inaugural address, highlighted the benefits of mediation and the success it has achieved in India in reducing the huge pendency of cases.He expressed the hope that the new facility will go a long way in catering to the needs of lawyers and litigants.Justice Khehar, who is also chairman of the Mediation and Conciliation Project Committee, inaugurated the centre in the presence of the Chief Justice of the Delhi high court, Justice G Rohini and other…
  • HNLU 2015 batch wins jobs for 58 students out of 146: 3 Cyril Amarchand, Trilegal, Wadia G; 2 Khaitan

    22 May 2015 | 8:37 am
    HNLU Raipur placed 58 students in this year’s graduating batch of 146 students with corporate and litigation law firms, advocates, legal process outsourcing companies (LPO), government departments and CLAT coaching centres.
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    Associate's Mind

  • RL 13: Janet Herman – MoFo, Balancing Lawyering and Motherhood

    Keith Lee
    15 May 2015 | 1:37 pm
    In this episode, Jeena sat down with Janet Herman from Mofo. She’s their Director of Attorney Development. Topics Covered and Links Transitioning from being a lawyer to attorney development. Balancing motherhood and being a lawyer. Why aren’t there more women partners in Biglaw? Why Some Men Pretend to Work 80-Hour Weeks (HBR article) Trends in Biglaw What they don’t teach you in law school but should A Short Guide to a Happy Life (Anna Quindlen) (Affiliate link) We’ll be offering workshops on how to become a better lawyer by increasing resiliency, using emotional…
  • RL12 Ross Guberman On Better Legal Writing

    Keith Lee
    8 May 2015 | 11:50 am
    This week, Keith talks with Ross Guberman, author of multiple books on legal writing and the president of Legal Writing Pro. They talk about improving legal writing, writing trends, and the differences in writing for and teaching to multiple generations. We’ll be offering workshops on how to become a better lawyer by increasing resiliency, using emotional intelligence and mindfulness in June. Itinerary includes Miami, FL, Atlanta, GA and of course, Birmingham, AL where Keith is located in June. If you’re interested in having us offer workshops at your law firm, contact us below.
  • Perfection Is An Illusion, There Is Only Process

    Keith Lee
    7 May 2015 | 11:47 am
    There was a post awhile ago over at Moneywatch recently entitled “Perfectionism is a Disease.” It offers three tips to ward off Perfectionism: 1. Allow yourself to be wrong in front of others. We learn by making mistakes. The only way we understand ourselves is to test our limits. If we don’t want anyone to know we make mistakes, which is how perfectionists tend to behave, we are actually hiding our true selves. 2. Be a hard worker rather than a perfectionist. Smart people cut corners. The art of being a star performer is knowing which corners to cut. Focus on your goals, and…
  • Podblast: Me Love You Long Time

    Keith Lee
    5 May 2015 | 7:09 am
    Jeena and Keith’s postmortem PodBlast, talking about the entire incident, professionalism in law, constructive vs. destructive criticism, sexism and racism in law.  Links mentioned: – Clio Webinar: Better Lawyering Through Mindfulness  – Happy Law Day! Can We Bring Civility Into Law? – Your Reputation Goes Ching Chang Chong  – Who Needs Civility Anyway? A Postmortem Post – Resilient Lawyer roadtrip details Contact us at or drop us a line at (336) 543-2101.
  • Your Reputation Goes Ching Chang Chong

    Keith Lee
    2 May 2015 | 2:34 pm
    UPDATE 5/2/15 1700 hours: Dan Hull apologized re: the below.  Hull can be a brash fellow, prone to shoot from the hip. I think we’ve all said something that we realize was insensitive in hindsight. When someone recognizes that their behavior was wrong, publicly acknowledges it, and offers a genuine apology, I believe that it should be accepted. I am not a super politically correct sort of guy. I like off-color jokes and X-rated humor. I think people should be able to laugh at a lot of things, especially themselves. But there are some areas of humor that aren’t appropriate. Some…
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    Dangerous Drugs & Medical Devices

  • Aetna to Stop Covering Power Morcellators

    Jared Fink
    6 May 2015 | 7:41 am
    Uterine Fibroid Health insurance giant Aetna recently announced that as of May 15th, it will no longer cover the use of power morcellators in certain surgical procedures, including those for the removal of uterine fibroid tumors. To be clear, “Laparoscopic power morcellators are medical devices used during different types of laparoscopic (minimally invasive) surgeries. These can include certain procedures to treat uterine fibroids, such as removing the uterus (hysterectomy) or removing the uterine fibroids (myomectomy). Morcellation refers to the division of tissue into smaller pieces or…
  • Fifth Circuit Releases Reglan Manufacturers from Birth Defect Liability

    Jared Fink
    13 Apr 2015 | 10:27 am
    In an unpublished opinion file on April 9, the Court of Appeals for the 5th Circuit affirmed a previous decision in one of the Reglan generics cases, Whitener v. Pliva, Inc. This ruling upholds the district court’s grant of summary judgment in favor of the defendant drug companies on the grounds that the defendants performed no off-label promotional activities. Lindsey and Joshua Whitener’s son was born prematurely and with severe birth defects after Mrs. Whitener used metoclopramide, a generic form of the heartburn drug Reglan. Mrs. Whitener was suffering nausea and morning sickness and…
  • FDA: AndroGel, Low-T Drugs Must Warn for Heart Attack

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

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

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

    Sam Harden
    22 May 2015 | 3:15 pm
    Silly Rabbit. Remember this scathing piece about layoffs at white-shoe firms from 2013? While it was only two years ago, there has not been much in the news recently about large firm layoffs. Until now. Butler & Hosch, “a national law firm specializing in the legal needs of the mortgage banking industry” (i.e. foreclosure) just collapsed under the weight of its own unsustainable expansion. The firm had around 700 employees, including attorneys, and physical offices in 9 states. The firm had been in expansion mode, absorbing the Atlanta-based firm of Morris Schmidt &…
  • Be Cautious With Outsourcing or Expanding Your Practice

    Randall Ryder
    22 May 2015 | 3:45 am
    The life of a true solo attorney can feel overwhelming when your caseload is full (or beyond full). For new solo attorneys, that can lead to thoughts of adding some staff or another attorney to help carry the load. But before you take the plunge, make sure you consider all the short-term ramifications. A Surge in Business May Only Be Temporary The most frequent thing I hear from other solo attorneys that are about to add, or have recently added, an assistant or another attorney is that they just had too much work to handle. That is an extremely good problem to have. But it may only be a…
  • You Have a Meeting and Your Car Won’t Start. Now What?

    Tyler White
    21 May 2015 | 4:12 am
    There is no other feeling quite like the anxiety that arises when a turn of the ignition results in the silence. We expect a car to carry out its purpose, and we often do not know what to do with ourselves when it doesn’t. So what is the next step when the car doesn’t do what we need it to do? Panic? No. Cancel your meeting? Not yet. Order a pizza? Possibly. Fixing your car’s starting problem will either take ten minutes or three hours. There is generally not a lot of in-between. If one of these quick fixes does not work for you within the first few tries, it is time to…
  • Find Out if Your Profile Photo is Scaring Clients Away

    Sam Glover
    20 May 2015 | 10:05 am
    Your web presence is often your first chance to make a good impression. So what kind of impression are you making? Avvo general counsel Josh King ran his LinkedIn profile photo through PhotoFeeler, a service that let’s people rate your picture for competence, likability, and influential-looking-ness (I guess?). Here’s the result: Those aren’t good results if you want people to hire you. And yes, Josh is absolutely competent and likable (and influential-looking, I guess). Josh got substantially better results from his new, professional photo. You can run your own profile…
  • How to Take a Deposition Like a Pro

    Evan Schaeffer
    20 May 2015 | 4:12 am
    An experienced lawyer controls a deposition. She is confident, purposeful, and gets right to the point without getting distracted along the way. She begins the deposition with a plan, then adapts it in real time as the deposition unfolds. She keeps the witness under control and ignores any shenanigans by the opposing counsel. Lawyers who fit this description are deposition pros. Even if you are just starting to take depositions, you can learn to become a pro, too. Here’s how. 1. Begin the Deposition with a Plan Deposition pros are defined less by their years of experience than by the…
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    New York Personal Injury Law Blog

  • Jury Selection, Brooklyn Style

    Eric Turkewitz
    21 May 2015 | 3:50 am
    Brooklyn’s county courthouse, 2008. Photo credit: me. Two recent articles in Reason by its Editor in Chief, Matt Welch, raised issues about New York’s jury selection process and are very much worth discussing. Welch, as you’ll see, didn’t find the experience as amusing as my screenwriter-brother, or get any of the hoped-for excitement that my niece Ellen wanted, and certainly didn’t appreciate it the way I did when I sat jury duty many moons ago (and was selected). So on to the main event: Welch. When I first read the first of his two articles in his…
  • Snarking at Others – A philosophy

    Eric Turkewitz
    18 May 2015 | 4:30 am
    It may have occurred to some readers that I take others to task over various foibles or ethical issues a bit too often.  Maybe, but that snark has some pretty sharp limits and I want to briefly explain them. If the story deals with someone acting or filing suit in such a way that indicates the person might not be in their right mind — like the recent suit by the an individual acting on behalf of God, and His Son, Jesus Christ against all homosexuals — then I don’t write about it. (Except just there, but without name, or link, because I need an example.) You see this in…
  • Chasing the Amtrak Crash

    Eric Turkewitz
    15 May 2015 | 5:32 am
    Dean Weitzman from “My Philly Lawyer” You have seen this act before, dear reader, but perhaps never so blatantly. It’s the lawyer who chases the mass disaster crash, a/k/a the ambulance chaser. It’s the lawyer that, by doing so, smears the names of all others in the lawyering profession. Today’s story comes up because Dean Weitzman, managing partner of the Philadelphia firm Silvers, Langsam & Weitzman, decided it would be a swell idea to send out a press release to the local press letting everyone know that they would be accepting cases from the Amtrak…
  • Lawyers and the Press. Again

    Eric Turkewitz
    4 May 2015 | 7:10 am
    I hate to pull the stuffings out of this article from the New York Times about women lawyers trying to manage both family life and a solid law practice. It was a lovely, fluffy piece of lifestyle journalism. The women at the Geller Law Firm, it seems, have based their practice around making sure that they don’t lose sight of the other important things in their life, also known as children. To do this, they cut back on hours, or make them really flexible, work from home or temporary offices, and focus most of the practice on non-litigation matters such as trusts and wills and small…
  • What’s a Bar Mitzvah? (Asks the judge…)

    Eric Turkewitz
    30 Apr 2015 | 4:34 am
    A young lady becomes a bat mitzvah in Israel after hiking up Masada. When a judge writes a decision trying to figure out what, exactly, a bar mitzvah is, someone ought to take note. Especially when he uses an old Hasidic parable in order to render a decision. And given that no one has yet brought this November decision to light, it seems that it’s up to me. The six-page decision comes out of Rye City Court, a small claims court in suburban Westchester County, not far from where I live. And the judge noted that, while the court’s jurisdiction was somewhat limited, it…
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    The Probate Lawyer Blog: Famous Fortune Fights!

  • Family Members of B.B. King Are Singing The Blues

    Danielle & Andy
    15 May 2015 | 6:48 am
    Blues great B.B. King passed away at age 89 years old Thursday, after suffering from diabetes and other health problems.  He leaves behind an unmatched musical legacy in the Blues genre, along with 11 surviving children and reportedly more than 50 grandchildren. Sadly, a dark cloud hung over the King family throughout his final days, due to a bitter dispute over the management of his care and money, involving what some claimed to be elder abuse.  The battle pitted his longtime business manager, Laverne Toney, against a handful of his children. King fathered and adopted a total of 15…
  • Sofia Vergara Lawsuit Teaches Lesson For Couples Using IVF

    Danielle & Andy
    23 Apr 2015 | 10:25 am
    It began with an anonymous court filing pitting “John Doe” against “Jane Doe.”  It didn’t take long for Jane and John to be identified publicly as Modern Family‘s Sofia Vergara and creator of the Onion Crunch, Nick Loeb.  Formerly engaged to be married, the ex-couple now is heading to court battling against each other over what could be a drawn-out debate involving the fundamental question:  When does life begin?   Loeb’s attorney vows that he is committed to the battle, which may become “the first test case for Pro-Parenthood.”  Vergara seeks to defend her honor and…
  • Celebrity Legacies: Blurred Lines Surround Marvin Gaye Estate

    Danielle & Andy
    8 Apr 2015 | 6:08 am
    There's nothing like a hit song to keep heirs dancing down the road to the bank -- even when that song wasn't written, composed, or sung by the celebrity singer who died.  The heirs of Marvin Gaye hit it big with a judgment against Robin Thicke and Pharrell Williams for copyright infringement based on their chart-topping song Blurred Lines ... but will the  victory stand up on appeal?  And what exactly does this mean for the Marvin Gaye Estate? This is installment #13 of our Estate Planning Lessons From The Stars series, which is based on the Celebrity Legacies TV show for which we provide…
  • "Was He A Hero?" And Other Questions Surround Chris Kyle's Estate - The American Sniper

    Danielle & Andy
    30 Mar 2015 | 8:28 am
    As the movie, American Sniper, enjoys box office success, questions and controversies surround the estate of Chris Kyle.  One of his biggest critics is Jesse Ventura, the always-outspoken former professional wrestler and potential presidential candidate. Ventura recently explained in an interview with Howard Stern on SiriusXM that "Chris Kyle is not a hero. A hero must have an honor, and a liar has no honor." Ventura feels that Kyle had a talent for shooting straight, but was merely doing his job and does not deserve hero status.   Jesse Ventura has not been the only one to question the…
  • Could Feud Over Saints Owner Tom Benson Happen In Your Family?

    Danielle & Andy
    16 Mar 2015 | 8:19 am
    Yes, Tom Benson has a great deal more money and power than most of us.  How much?  Try $1.9 billion, according to the annual Forbes rankings.  Indeed, there are only 350 richer people in the whole country.  The successful owner of the NFL’s New Orleans Saints and NBA’s New Orleans Pelicans, Benson built a wide-ranging empire of car dealerships, banks, various real estate holdings, and a television station.  He still actively participates in running his businesses — most of all his beloved Saints.  But for all of his wealth, prestige, and status, Tom Benson is in the midst of the…
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  • Can an Address Book Tell a Story?

    14 May 2015 | 6:15 am
    While I find technology and digital databases to be an exceedingly useful tool, I do miss the art created through the judicious use of analog means and methods. A few years ago, I transferred my address book to digital. Today, I’m wondering if that was the best decision for me. So… Watch this at least twice. The first time, pay attention to the main event, Gay Talese’s address book. On the second, make note of his (characteristically) meticulously-tailored suit.
  • BREAKING NEWS: I’m not his lawyer anymore. (UPDATED)

    8 Apr 2015 | 8:30 am
    We criminal-defense lawyers often do unpopular things. Occasionally, we make a few people happy, but we always piss someone off in the process. It goes with the territory. We are vilified in our efforts to protect our clients’ rights and zealously defend them. If a criminal-defense attorney can’t handle this, they should quit. The job is simultaneously lonely, frightening, frustrating, and rewarding. Not everyone is cut out to do this type of work. Here are a few rules that help to frame this reasoning: 1. Criminal-defense lawyers are unpopular to most. We must accept this. 2.
  • Free Advice Du Jour: If The Call Starts With This, Hang Up Immediately

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

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

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

  • Proposed 1031 Exchange Changes

    13 May 2015 | 3:17 pm The Fiscal Year 2016 Budget proposes a modification of like-kind exchange transactions. As in the Fiscal Year 2015 Budget, the Administration proposes to limit the amount of capital gain deferred under Section 1031 of the Internal Revenue Code from the exchange of real property to $1,000,000 (indexed for inflation) per taxpayer per taxable year. The Administration now also proposes that art and collectibles no longer be eligible for like-kind exchanges. The proposal only applies to like-kind exchanges completed after Dec. 31, 2015 Current law permits investors to defer…
  • Estate Plan Privacy

    1 Apr 2015 | 8:50 am
    Perhaps one of the most overlooked aspects of a revocable "living" trust is the privacy that it can provide. If you're not familiar the concept of  a living trust, it is a legal document often used in estate planning, either in conjunction with, or instead of, a will to more efficiently administer of a person's or couple's estate by avoiding a judicial proceeding called probate. Although probate is not necessarily a bad thing, there are some drawbacks to it. Probate During probate, a decedent's will — if any — is validated and one or more persons are appointed by the court to…
  • The Achieving A Better Life Experience (ABLE) Act

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

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

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

  • Annual Law Day Dinner: May 7th, 2015

    3 May 2015 | 5:23 pm
    Annual Law Day Dinner $65 per person May 7, 2015 5:30 p.m. Sheraton Grand Sacramento Hotel 1230 J Street, 13th and J Street, Sacramento, CA 95814 The Annual Law Day Dinner honors the student winners of the Essay Contest and the Modern Masters Art Contest. Professor Laurie Levenson, current leader of the Loyola Law School Capital Habeas Litigation Clinic and the Project for the Innocent program, will be the keynote speaker. Register here.
  • Music in the New Millennium: The Legal Landscape for Compensating Content Creators

    3 May 2015 | 5:18 pm
    This panel addresses the question as to why, with music accessibility and consumption at all time highs, music revenue and royalties are at all time lows. Our experts will discuss the history of music distribution from retail outlets, to the inception of Napster to the present; and how content creators (and artists) are paid, the applicable laws and legislation, and the present and future landscape for creating and selling music. This seminar is designed for an attorney audience but all members of the community are welcome. The MCLE portion of the evening will begin promptly at 7:00 p.m. The…
  • California Lawyers for the Arts BIG Day of Giving

    3 May 2015 | 5:13 pm
    California Lawyers for the Arts and Alex the DoG invite YOU to join us in making a BIG difference on the BIG Day of Giving. From 12:00 am midnight – 11:59 PM on May 5th, you can help CLA continue to support Sacramento Artists by making a gift of as little as $25! Your support helps us to provide essential programming and support for artists in order to help our communities thrive socially and economically. We are also trying to win the “Smarter Giving Challenge” which is happening now! ~ April 20th – May 5th! ~ GiveLocalNow (the organizers of the Big Day of Giving)…
  • I am Honored to be Featured in the Prestigious California Lawyer Magazine: ‘Fashioning a Law Pratice’ #FashionLaw

    3 Nov 2014 | 5:00 am
    Happy new week folks. I am happy to announce that I am featured in the November 2014 issue of the prestigious California Lawyer Magazine. The feature focuses on my journey towards becoming a fashion lawyer. I appreciate California Lawyer magazine for soliciting me for my story and working with my busy schedule to make sure it happened. I had a great editorial team to work with me to tell my story and it is indeed a privilege and honor to be featured; and to tell my story in a rather open and vulnerable way than I ever have. I decided to be very open because I hope it inspires law students and…
  • REGISTER for the Upcoming #FashionLaw & The Global Runway Hosted by the Beverly Hills Bar Association

    6 Oct 2014 | 10:52 am
    Last week Friday, I closed my week with an informational interview from a student interested in knowing all about fashion law. She is just an example of the consistent inquiries I receive about the practice area. Thankfully, more and more events keep coming up that are responsive to the question of ‘what is fashion law’ and ‘what are the latest trends, cases et al. to know?’ Check out details of one such upcoming event below. Cheers, Fashion Law & The Global Runway REGISTER HERE. This program will discuss the latest developments in Fashion Law both domestically and…
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    Law and Daily Life

  • Los Angeles Approves Minimum Wage Increase to $15 by 2020

    Le Trinh, Esq.
    23 May 2015 | 9:01 am
    There seems to be a new trend in minimum wage increases across the country. Los Angeles is now the latest city to approve, in a 14-to-1 vote, increasing the minimum wage to $15 an hour. Los Angeles follows in the footsteps of Seattle and San Francisco, which have already approved $15 minimum wages. Los Angeles' Minimum Wage Increase The new wage hike actually isn't as dramatic as headlines proclaim. The city's minimum wage, currently $9 per hour, won't actually reach $15 per hour until 2020. Once the minimum wage reaches $15 in 2020, the rate will increase automatically every year starting in…
  • When Can I Retire?

    Christopher Coble, Esq.
    22 May 2015 | 12:56 pm
    It's less a practical question nowadays and more of an existential angst: "Will I have enough for retirement?" And depending on your age, your job, and your marital and family status, figuring out your retirement plan can seem like an impossible bit of calculus. The key word there is "seem" -- with a little information and some careful planning, figure out when you can retire can get a lot simpler. Solving Social Security A large chunk of your retirement funds will be your Social Security benefits. There is no specific age at which everyone must retire, and the amount of your benefit payments…
  • Are Movie Ratings Legally Enforceable?

    Le Trinh, Esq.
    22 May 2015 | 9:06 am
    How old were you when you saw your first R-rated movie? Almost every movie released to market has a rating of G, PG, PG-13, R, or NC-17. They're meant to provide consumers, especially parents, with advance information about how appropriate a movie may be for certain audiences. But, as many of us know, the ratings aren't always heeded. Many of us have watched R-rated movie without our parents long before we turned 17. However, are the movie ratings legally enforceable? Can theaters get in trouble for a child watching an R-rated movie? Movie Ratings The Motion Picture Association of America…
  • Urban Agriculture: 3 Laws to Know

    Christopher Coble, Esq.
    21 May 2015 | 2:59 pm
    Once the provenance of hippies and hipsters, urban agriculture is becoming more and more popular across city-dwelling populations. Rooftop gardens, front-yard farms, and vacant lots-turned-vegetable patches are popping up every day. And whether you're getting into urban agriculture because you're health conscious, eco conscious, or money conscious, you should also be law conscious before you start growing, tending, or selling any produce. Here are three laws you should know about urban agriculture: 1. HOA In Your Way? Let's start small and work our way up. The first impediment to your budding…
  • PayPal Pays For Illegal Enrollments in PayPal Credit

    Le Trinh, Esq.
    21 May 2015 | 8:55 am
    Have you ever used PayPal? You may be eligible for a refund. The electronic payment company PayPal, will pay $25 million to settle a lawsuit with the Consumer Financial Protection Bureau (CFPB). According to the suit, CFPB accused PayPal of illegally signing customers up for PayPal Credit, formerly known as Bill Me Later, without their permission. Many customers did not realize they were enrolled in the program until they were charged interest and late fees. PayPal, who neither admits nor denies fault, has agreed in a consent order to pay $15 million in refunds to customers and a $10 million…
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    But I do have a law degree...

  • I Suck as a Mom This Week

    But I Do Have a Law Degree
    14 May 2015 | 11:08 am
    Huge mom fails this week.  And they both involve my children being in physical pain that was only exacerbated by me. Mom Fail #1 - BradenBraden is one of those kids that is in the nurse's office at school every day.  When he gets a minor scratch on his knee, he limps.  When he has a mosquito bite, he wails. The kid cries wolf.  A lot. So when the school nurse called me on Tuesday saying that Braden had been to see her saying his eye was hurting, I assumed it was just overplayed allergies.  I had little sympathy, and after all, this was not the first time I had gotten…
  • If you're going to throw a party, the night before Mother's Day is a good time to do so.

    But I Do Have a Law Degree
    11 May 2015 | 7:20 pm
    My husband and I had a party at our house this weekend. This is extremely out of the ordinary.  We're just not party throwing people.  Sure, we've done all the birthday parties and the occasional shower hosting or massive playdate gathering.  But a real party - like those people that throw annual holiday parties or Halloween bonfires or massive cookouts with themes and roasted pigs?  Not us. It's not that we don't like parties.  Au contraire, I love me a good party.  It's just that I'm not good at throwing parties.  I'm not good at decorating or cooking hor…
  • Literally, a Crappy Monday

    But I Do Have a Law Degree
    5 May 2015 | 10:18 am
    Yesterday I took all three boys outside to play. Then a bird shat on my arm. I took a moment to think about the existential nature of this.  What are the chances that I was standing at the exact right point in my yard at the exact right time that this bird decided to take a crap directly above me?  It got me all philosophical thinking things like:If I hadn't sat next to that random girl on a flight to Amsterdam back in 2000, then she never would have introduced me to my ex boyfriend, and then I never would have stayed an extra year in London, and then I never would have gone to Penn…
  • Was Law School Worth It?

    But I Do Have a Law Degree
    4 May 2015 | 5:21 am
    For some, like my husband, it's an easy answer.  Of course it was worth it!  He's got a great job in a great firm working with great people and he can't complain about his salary.  (Plus, he met yours truly in law school - does it get any better than that?).  For me, this is a particularly loaded question.  Because it comes with the following undertone:  Was law school worth it, when now you don't even use your law degree and spend the majority of your time child rearing?  And, more to the point:  Wasn't it a waste?  I've pondered…
  • Everyday in May

    But I Do Have a Law Degree
    1 May 2015 | 6:41 am
    My blog writing has slacked lately. And since I write so infrequently, and I'm out of practice, it takes me forever to write each post.  I used to post everyday (except weekends).  Remember that? I was thinking about this when I came up with the little catch phrase "Every Day in May."  Should I challenge myself to post every day in May?  (Except weekends.  I mean, come on). It is perfect timing, of course.  Because I just started teaching another online course, we have tons of end of school activities, countless baseball/soccer practices and games, two weekends…
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    Profit and Laws

  • Wells Fargo Business Plan Center

    25 May 2015 | 8:01 am
    Here’s a story of noble work done by a big bank: Wells Fargo has rolled out an invaluable tool for business owners – a business planning tool. It’s available to anyone – not just bank customers – free of charge. Business plans are mysterious things. Few people know how to write, research or revise them. The […] The post Wells Fargo Business Plan Center appeared first on Profit and Laws.
  • Crooked Capital Markets and the “Shareholder Value Myth”

    22 May 2015 | 2:03 pm
    Your browser does not support the audio tag. Try updating your browser or downloading Google Chrome or Firefox. Read the transcript: Today, you’re going to hear my interview with Lynn Stout. Now, Lynn Stout is a rock star, and I’m not saying that…you know, everybody calls people rock stars…she really is a rock star. She’s […] The post Crooked Capital Markets and the “Shareholder Value Myth” appeared first on Profit and Laws.
  • Send Market Criminals to Prison

    22 May 2015 | 10:03 am
    Let me get this straight. Five giant banks set up a secret chat room where they fraudulently changed the EURO-Dollar exchange rate to profit on currency trades. And the only punishment is paying $5.7 billion of shareholder money? Prison. Send the men who did this and the officers who should have been supervising them to prison. […] The post Send Market Criminals to Prison appeared first on Profit and Laws.
  • The Case Against Rahm

    3 Apr 2015 | 6:00 am
    I wish I could be with Rahm and feel Chicago is in the hands of a tough, capable leader. But I’ve come to understand that our great city is about to re-elect a guy just as bad or worse than Rod Blagojevich. I wish I were exaggerating. If this mayor isn’t corrupt, he does nearly […] The post The Case Against Rahm appeared first on Profit and Laws.
  • What You’ve Heard About Net Neutrality is Wrong

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

  • Supreme Court Gives Conciliatory Nod to the EEOC’s Duty of Conciliation

    Mike DeCamps
    13 May 2015 | 12:09 pm
    In a unanimous decision issued on April 29, 2015, the United States Supreme Court has unequivocally allowed judicial review of the Equal Employment Opportunity Commission’s (EEOC)’s pre-litigation conciliation efforts, but has articulated a rather limited scope of review.  See MACH MINING, LLC v. Equal Employment Opportunity Commission, 575 U.S. ___ (2015). Like any good compromise, neither side got exactly what they wanted, but both parties were able to hail favorable points for their side. The instant dispute arose when the EEOC investigated a sex discrimination charge against…
  • Are Settlement Attempts Still Required for EEOC Charges?

    Faith Alejandro
    30 Mar 2015 | 1:21 pm
    Should attempts to settle discrimination lawsuits with the EEOC be made in good faith?  Employers in Illinois, Wisconsin, and Indiana think so and hope the Supreme Court of the United States will agree. Last month, the Supreme Court heard oral argument in an appeal from a case in the Seventh Circuit, which ruled last December that employers cannot defend a discrimination lawsuit based on the failure of the Equal Employment Opportunity Commission (“EEOC”) to engage in good faith conciliation efforts prior to suing an employer.  This momentous case highlighted the divisions among…
  • Another Exception to Employment At-Will

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

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

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

  • Early Termination of Annuities Not Permitted

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

    Chip Delano
    14 Apr 2015 | 6:27 am
    In Banner Life Insurance Co. v. Jacqueline L. Noel, 2013 U.S. App. LEXIS 1539 (4th Cir. 2013), aff’g 861 F. Supp. 2d 701 (E.D. Va. 2012), the U.S. Court of Appeals for the Fourth Circuit recently affirmed the district court’s granting of Banner’s motion for summary judgment limiting its obligations to return of the premium paid by the proposed insured.  Former DRI Mid‑Atlantic Regional Director and DRI State Representative for Virginia, Robert B. “Chip” Delano, Jr., of Sands Anderson PC in Richmond, successfully obtained a declaratory judgment in…
  • SCOVA Refuses to Incorporate Prior Discovery Rulings from Previous Non-suited Action

    Terrence L. Graves
    20 Oct 2014 | 6:50 am
    In Temple v. Mary Washington Hospital, Inc., et al., Record No. 131754 (Sept. 12, 2014), the Supreme Court of Virginia opined on an obscure, yet significant, issue related to the common practice of incorporating discovery by court order in subsequent actions where the plaintiff nonsuited its original action. Jo Ann Knighten Temple, as Administrator of the Estate of Ellis Ethelbert Temple, filed a lawsuit alleging wrongful death and medical malpractice against Mary Washington Hospital, Inc. (“MWH”) and various other defendants.  During discovery, the plaintiff filed two motions to…
  • Harman v. Honeywell International

    Doug Winegardner
    18 Jun 2014 | 6:32 am
    The Supreme Court of Virginia’s recent opinion in Harman v. Honeywell International, Inc., Case No. 130627 (June 5, 2014) contains a wealth of analysis on a number of evidentiary rules that every trial lawyer will likely encounter in his or her career.  This legal alert summarizes each of the Court’s rulings on those issues and discusses the potential impact this may have on insurance defense clients across a variety of industries. This case arises out of a single-engine airplane accident involving a father and son that occurred just outside of Chesterfield, Virginia.  The two…
  • Virginia’s Privity of Contract Defense Continues to Protect Defendants in Economic Loss Cases

    Will Watkins
    18 Jun 2014 | 6:23 am
    I am often told by clients that they are protected from a lawsuit because they have a corporation.  The advice I usually give them is that while the corporate shield is strong it does not protect them if they are negligent and cause injury or damage, even if it is during working hours.  While that advice is still correct, the answer to that question is not so simple in Virginia. Virginia has long held that a party must be in privity of contract to recover for contractual claims.  Privity requires that the party making the claim actually have a contract, whether written or oral, with the…
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    Arizona DUI Defense Blog

  • The whole is not always the same as its parts

    Lawrence Koplow
    14 May 2015 | 1:16 pm
    You are going to buy a new home.  The house is 2000 square feet on a 3/4 acre lot.  You hire Rich (the termite inspector) to check it out before you buy. After all, no one wants to buy a house with termites.  Good news!  The house passed.  No termites.  Thus, you buy the house. Bad news!  A month after the sale closes you discover - termites.   What?  How could this happen?   You go back and look a little deeper in the method of inspection Rich relied upon.  You find out his methodology was to only check "one square inch" of the…
  • The Supreme Court Splits the baby in the Scottsdale Crime Lab Cases.

    Lawrence Koplow
    24 Apr 2015 | 12:04 pm
    The highly anticipated Arizona Supreme Court opinion regarding the Scottsdale Crime Lab scandal was issued yesterday.   In a very Solomon like decision, the Court granted both sides some relief.   The decision contains a lot of legal nuance requiring explanation. Here is a summary and a few thoughts:   Admissible Is Not The Same As Reliable   While the Court decided the blood alcohol measurements are admissible - they did not hold they are reliable. There is a big difference.  As a matter of fact, the Court expressed its concerns with the Scottsdale Crime Lab's…
  • Arizona Supreme Court: Scottsdale Crime Lab Update

    Lawrence Koplow
    22 Apr 2015 | 4:33 pm
    Tomorrow around 10:00 a.m. the Arizona Supreme Court will issue its decision regarding the Scottsdale Crime Lab.  Here are some of the new stories about the case of STATE v HON. BERNSTEIN/HERMAN: Scottsdale DUIs in question over lab methods - Arizona Republic  Judge finds problems with Scottsdale Crime Lab, tosses evidence in DUI cases - Channel 3 news & E-mails point to problems in Scottsdale crime lab - Arizona Republic  Lab Results in DUI Cases In Arizona City Challenged - Insurance Journal Lab results in Scottsdale DUI cases challenged - Washinton…
  • Measuring and Counting

    Lawrence Koplow
    21 Apr 2015 | 12:43 pm
     MEASURING Measuring is the assignment of a number, and all the uncertainties of that of that number, to something.  The purpose of assigning a number is to give meaning to the object measured. Uncertainty: A bag placed upon a scale shows its weight to be 41 pounds.  If the bag must be less than 50 pounds, then the number produced by the scale indicates it meets this requirement.  However, you must know how far from its true value might the 41 pound number be off by?  Uncertainty is the amount of doubt (e.g. the amount of possible variation) you should expect that…
  • Scottsdale Crime Lab: The Supreme Court's Statement of Issues

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

  • Don’t Forget to RSVP: RSVP Law

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

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

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

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

    Martha Sperry
    21 Jan 2014 | 5:19 pm
    In Outlook in my enterprise, I can easily and quickly check to see who is available for a meeting at a given time. Definitely an efficiency booster. But what if you are trying to coordinate times and attendees outside of the organization, using different platforms? Yes, of course there is an app for that. Foogi promises to match up invitees’ calendars to find the free / available times in which you can schedule your meeting. Foogi is not a calendar replacement. Instead, depending on how much information users share within Foogi, it will compare schedules and offer times within the…
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    Law Firm Newswire » Legal News

  • Injunction on Immigration Reform to Remain In Force

    LFN Editor 102KS31
    22 May 2015 | 3:00 am
    Miami, FL (Law Firm Newswire) May 22, 2015 – In March 2015, the federal government hastily filed an emergency motion to the U. S. Court of Appeals for the Fifth Circuit asking to remove an injunction issued in February 2015 in Brownsville, Texas. The request to uphold the initial injunction brought many Attorneys General out of the woodwork from across the United States. Represented in the briefs filed with the Texas court to uphold the injunction were: New Mexico, California, Hawaii, Vermont, Rhode Island, Maryland, Iowa, Connecticut, Delaware, Washington, Massachusetts, New York, Oregon,…
  • Alleged Independent Injuries May Now be Exclusively Under the Texas Workers’ Compensation Claim Remedy Process

    LFN Editor 102KS31
    21 May 2015 | 3:00 am
    Austin Personal Injury Lawyers - Perlmutter & Schuelke, LLP Austin, TX (Law Firm Newswire) May 21, 2015 – In re Crawford & Company is a stunning decision by the Texas Supreme Court that could have serious ramifications for injured workers in the future. “This particular case may cause some serious ripples with regard to the Texas Workers’ Compensation claim remedy process,” points out Perlmutter & Schuelke partner and Workers’ Compensation attorney, Brooks Schuelke. The court stood firmly behind the concept of exclusive jurisdiction for the Texas Division of…
  • Chicago Public Schools System Faces Federal Discrimination Lawsuit

    LFN Editor 102KS31
    20 May 2015 | 3:00 am
    Chicago, IL (Law Firm Newswire) May 20, 2015 - Alleged pregnancy discrimination is the reason for the departure of eight teachers from the Chicago Public Schools system at Scammon Elementary School. The Department of Justice filed a federal lawsuit, by way of the Equal Opportunity Employment Commission (EEOC), on behalf of two former pregnant teachers in the Chicago Public Schools (CPS) system alleging that administration targeted these two women, and several others, for layoff and received poor performance ratings as a result of becoming pregnant or returning to their jobs after giving…
  • Litigation Landslide Looms on Horizon for Energy Industry, Local Markets – Oil & Gas Attorney Prepares for Spike in Legal Actions as US Oil Crunch Intensifies Impact on Houston Economy

    Saad Malik
    19 May 2015 | 3:00 am
    Houston, TX (Law Firm Newswire) May 19, 2015 - First-quarter reports for 2015, released by US oil producers in mid-April, showed record losses across the energy sector – as industry insiders and analysts had been predicting since January. Meanwhile, falling profits hit close to home, spurring large-scale employee layoffs and priming the local legal arena for an influx of market-driven litigation. Civil litigator Pete T. Patterson, who represents both businesses and individuals within the oil and gas industry, has followed the turbulent market closely over the past ten months in anticipation…
  • A Criminal Record Does Not Necessarily Result in Unemployability

    LFN Editor 102KS31
    19 May 2015 | 3:00 am
    Lakeland, FL (Law Firm Newswire) May 19, 2015 - The FBI has 77.7 million people listed in its master criminal database and add between 10,000 and 12,000 new names every day. Many Americans with criminal records cannot find employment even if the record is decades old, minor, has been dropped, not corrected or if the court found them not guilty. Although a daunting hurdle to surmount, having a record does not necessarily result in unemployability, an inability to obtain housing or secure a loan. One in every three American adults has a criminal record of some sort. The problem is that criminal…
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    My Distribution Law

  • Can Trademark Abuse Constitute Monopolization?

    Howard Ullman
    21 May 2015 | 2:18 pm
    Trademark (Photo credit: Wikipedia) As far as antitrust law is concerned, trademarks are the unwanted stepchildren of intellectual property. The conventional wisdom is that trademarks – whose exclusionary effect is very attenuated, if it exists at all – do not confer market power, so their use (or refusal to license) can’t support a Sherman Section 2 claim. But is there an argument against the conventional wisdom? The answer may be: “yes, in unusual circumstances.”(*) Fraudulently obtaining a trademark Let’s start by considering other types of IP that present clearer issues. …
  • Pay-for-delay and the Rule of Reason

    Howard Ullman
    19 May 2015 | 9:45 am
    Last week, I co-authored an article in the Los Angeles/San Francisco Daily Journal on the California Supreme Court’s recent decision in the Cipro Cases.  There, the Court held that so-called “reverse payment” patent settlements are evaluated under a specific “structured” Rule of Reason analysis, and rejected plaintiffs’ arguments that settlement payments exceeding the costs of litigation or the value of services provided by a generic manufacturer are per se unlawful. The article is behind a pay wall.  When I get clearance to republish it, I will do so…
  • Can Computers Conspire to Fix Prices?

    Howard Ullman
    1 May 2015 | 10:11 am
    The famous red eye of HAL 9000 (Photo credit: Wikipedia) Strange as it sounds, maybe we’re getting closer to the day we have to seriously consider liability for computer conspiracies. On April 6, David Topkins, a former executive of an e-commerce seller of posters, prints and framed art agreed to plead guilty for conspiring to fix the prices of posters sold online.  Given the ongoing DOJ investigation, details are sketchy, but according to the DOJ press release, Topkins and his co-conspirators agreed to fix the prices of certain posters sold in the United States through Amazon…
  • SCOTUS Holds Natural Gas Act Does Not Preempt State Law Antitrust Claims

    Howard Ullman
    22 Apr 2015 | 9:44 am
    In Oneok, Inc. v. Learjet, Inc., Case No. 13-271 (Apr. 21, 2015), the U.S. Supreme Court held that the Natural Gas Act did not preempt retail customers’ state law antitrust claims against interstate gas pipeline operators for price manipulation. Historically, the gas industry in the United States has been divided into three segments: (i) natural gas producers, (ii) interstate pipelines that ship the gas from gas fields to distant markets, and (iii) local gas distributors.  In the 1920s, Congress enacted the Natural Gas Act to regulate interstate gas shipments.  The Act created a…
  • Why It’s Hard to Tell Good Monopolies From Bad

    Howard Ullman
    16 Apr 2015 | 4:19 pm has the story.  A nice little summary of the new Google case and the principle that while “[h]aving a big market share by itself is OK,” “the problem is when companies abuse that market share by taking anticompetitive actions that hurt [] competitors and []customers.”  A good link to share with non-antitrusters.
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    Attorney at Work

  • Five Ways to Build True Fitness into Your Day

    Jamie Spannhake
    22 May 2015 | 3:00 am
    Fitness, according to Merriam-Webster, is “the quality or state of being fit.” So what, then, is “fit”? Therein lies the key to true fitness. As Merriam-Webster explains, “fit” means “sound physically and mentally.” Here are five ways to build true fitness — both physical and mental — into your busy day. 1. Sleep is the foundation of fitness. According to Russell Foster, a circadian neuroscientist at Oxford University, the quantity of your time asleep affects the quality of your time awake. Over a third of our life should be spent sleeping. This can feel like a waste of…
  • Positive Client Experience? How to Improve Hospitality in the Office

    Mary Lokensgard
    21 May 2015 | 3:00 am
    “I’m tired of hearing about ‘improving the client experience.’ People come to me because I do excellent work. They don’t care if I’m nice.” Might sound familiar, but it’s only half right. Your clients expect you to do your job correctly — you’ll hear about it if you don’t. Provided your legal work meets their expectations, it’s the overall experience you provide that they’ll remember more. That’s what will bring them back, and move them to send their friends to you. Don’t believe it? Think about how you choose between similar services. If two…
  • The Dis-Associate’s Tips for the Young Traveling Lawyer

    William Melater
    20 May 2015 | 3:00 am
    Young lawyer or even slightly more “mature,” every lawyer can use pointers on avoiding the awkwardness of business travel. Former columnist William Melater offers help in this classic “how to” from the Attorney at Work Archives. Initially, it was just awkward. This stranger’s butt was inches from my face. Undulating. Back and forth. I could hear the loose change in his front pocket clanking against itself. He was a large man, but not large enough to block my view of his hands as he dug furiously through an old Eddie Bauer backpack. He took another step back. His rear…
  • Helping Others to Choose Well

    Marc Lauritsen
    19 May 2015 | 3:00 am
    An important client texts you for advice on a critical decision, apologizing that circumstances don’t permit a better means of communication. You can’t see or hear each other, and time is of the essence. The decision can’t be deferred. A poor choice may condemn the client to a string of negative consequences. Can you give good counsel solely through short bursts of written words? Remember, hand signals and knowing nods are of no avail. How much does that crimp your style? What do you ask? What do you say? What if you had to write a script in advance to handle the Q&A for such a…
  • Crushin’ It: 10 Social Media Misconceptions, Revised

    Jared Correia
    18 May 2015 | 3:00 am
    Let’s run down some common misconceptions about social media, and rotate the conversation. Misconception 1: “Oh No, My Privacy!” Revision: Connect Widely Now, in case you hadn’t heard, this is social media. If you’re using it to market your business, you’ll want as many people to see what you’re doing as you can corral. I understand if you want to have private accounts, where you don’t post work-related items, or where you can finally say what you really mean. But, if your intention is to generate clients and referrals of clients, and you want to leverage private accounts,…
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    Expert Library

  • State Courts – Frye versus Daubert

    Wendy Pearson
    20 May 2015 | 6:00 am
    By Wendy Pearson The D.C. Circuit Court’s decision in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923) is also important in considering admissibility of expert testimony.  The Frye decision was eventually superseded by the United States Supreme Court in its 1993 Daubert decision. Until that time, Frye governed the admissibility of expert testimony [...]
  • Federal Court – The Daubert Trilogy

    Wendy Pearson
    13 May 2015 | 7:30 am
    By Wendy Pearson The history of the laws and precedent-setting cases on admissibility of expert testimony may seem dry or irrelevant to experts considering taking a case, formulating an expert opinion, or preparing to testify. Although those significant court decisions may have been made years ago, today’s attorneys rely on the language in those opinions [...]
  • Admissibility of Expert Testimony: Strategies for Experts by Experts

    Wendy Pearson
    13 May 2015 | 7:00 am
    An Introduction to the Summer Admissibility Series You may be the expert in your field, but if you fail to understand how the rules on admissibility of expert testimony may affect your opinions and testimony, you jeopardize your role as an expert.  If the court excludes your testimony, all your hard work is for naught [...]
  • Ethical Challenges For Experts In Civil Litigation

    IMS ExpertServices
    30 Sep 2014 | 6:00 am
    Sources of An Expert’s Ethical Obligations Experts specialize in objectivity – Lawyers are rewarded for subjectivity. Experts are sometimes tempted to skew their evaluation of the facts in favor of the party who hired them. One reason for this temptation is the high fee paid to experts who can help a party win at trial. [...]
  • Daubert Standards And Hearings

    IMS ExpertServices
    16 Sep 2014 | 6:00 am
    This outline presents the core concepts that an expert witness should know about Daubert and its requirements. The United States Supreme Court has established new flexible guidelines for admission of expert opinion; the guidelines emphasize the role of judges as gatekeepers, keeping from juries’ unreliable expert opinion and allowing into evidence reliable opinion. Federal Rule [...]
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    BullsEye Blog

  • Patent Holder Claims Checkmate in Infringement Suit

    17 May 2015 | 5:00 am
    The Federal Circuit recently called “check mate” in a patent-infringement suit between two game manufacturers by ruling that the board-game patent at issue was valid while, at the same time, concluding that the infringement in question was not willful.  Continue reading to learn more about this “fun” case and how the ruling might impact future patent litigation.
  • Delaware Lowers the Boom on Energy MLP Boards

    6 May 2015 | 10:02 pm
    If shareholder-rights lawyers felt that Delaware courts had been too soft on the boards of master limited partnerships in the energy industry, a recent chancery court decision slamming the general partnership of one such MLP with a $171 million judgment may herald a change in perceptions.  Continue reading to find out how this decision might impact operations and litigation in this industry.
  • Trial-Quality Expert Testimony...for Class Certification?

    4 May 2015 | 6:10 pm
    Federal courts at all levels have begun dramatically overcomplicating class-action litigation.  There is much debate about whether “individualized damages” will defeat a class action in antitrust and all other cases.  But, one idea is clear: If a litigator relies on an expert to establish any factor of class status, that litigator must be ready for the equivalent of a trial at the class-certification stage.  Continue reading to see how you can best position your case to survive the class-certification process, whether you represent the class or the defense.
  • No Bright Lines for Pipelines

    24 Apr 2015 | 8:19 pm
    The United States Supreme Court recently issued a 7-2 decision in an antitrust case that dismantled almost 70 years of bright-line jurisprudence in the energy industry and, instead, instituted a “make-it-up-as-you-go-along” approach.  Continue reading to learn more about the decision and its potential impact on the interplay between state and federal regulation.
  • Hacking Into Cybersecurity Threats

    21 Apr 2015 | 5:23 am
    In light of recent widespread data-breach apprehension, the business world has raised serious concerns about potential liability stemming from sharing otherwise-private information with the government and other organizations. The potential for damage awards and settlements stemming from data-breach class actions is colossal. As such, leaders at more than 30 major companies pressed Congress for federal legislation that would shield private industry from liability from the potential problems that arise with cybersecurity.  Congress responded with the introduction of a bill known as the…
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    Hunt & Associates, PC

  • Statutory Conditions and Restrictions on Distributions to Equity Owners

    Lawrence Hunt
    20 May 2015 | 3:00 pm
    Directors, shareholders, their counterparts in other business entities, and their attorneys routinely ignore the statutory conditions and restrictions on distributions to shareholders and other equity holders. The subject was discussed at the most basic level in a prior blog post here. A recent Washington appellate decision demonstrates how costly disregard for those restrictions can be. As noted in the prior blog post, state law often limits the amounts a corporation or other business entity can distribute to its shareholders as dividends or as payments in partial or complete redemption of a…
  • Oregon High Court to Rule on DHS’ Rule Expanding Medicaid Recovery Efforts

    Charles Ford
    19 May 2015 | 4:51 pm
    A case with significance for Oregon Medicaid recipients and their families is headed to the Oregon Supreme Court. The dispute centers on administrative rules issued by the State of Oregon’s Department of Human Services (DHS) in 2008. The rules enlarged the State’s ability to seek reimbursement on account of benefits paid to Medicaid recipients. Ultimately, the rules were challenged in court; this past November, the court of appeals ruled against DHS and the rules were invalidated. [1] DHS has appealed that decision to the Oregon Supreme Court, which has agreed to consider the matter. It…
  • When State Supreme Courts Break the Law

    Lawrence Hunt
    11 May 2015 | 4:41 pm
    It’s fun to see lawyers and courts suddenly waking up to discover that they have been chronically violating the same laws many private employers have struggled under for years, such as the Americans with Disabilities Act or “ADA”. As the American Bar Association Journal (ABA) reported, many state bar associations, under the supervision of their respective state supreme courts, have regularly inquired about the mental health history of applicants for admission to their state’s bar thinking that an applicant could suffer from a psychological or psychiatric impairment that might make…
  • Admiralty Law: An Overview

    Charles Ford
    15 Apr 2015 | 4:35 pm
    Admiralty or maritime law is that body of law which applies to waterborne commerce and events which take place on the navigable waters, i.e., the high seas, territorial waters, harbors, rivers and inland waterways, including the Great Lakes. It is the law which governs vessels, navigation, seamen, the carriage of goods and passengers over water, marine insurance, maritime liens and salvage. It is generally, but not always, the province of the federal courts, by virtue of Article III of the U.S. Constitution, which provides that the “judicial power” of the United States extends “to all…
  • The Problem of “Off Leash” Kids

    Lawrence Hunt
    15 Apr 2015 | 3:52 pm
    Two children, 10 and 6 years old, were recently taken into custody by police in Montgomery County, Maryland, after an anonymous report that they were seen playing unattended in a park around 5 p.m. on a Sunday an hour before their parents expected them to be home. When the children failed to return home as expected, the parents began looking for them. The authorities didn’t let the parents know where their children were until 8 that evening and refused to release the children into their parents’ custody until 10:30 that night. The story in the Washington Post is here. These parents are…
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    Recent Blog Posts

  • Honda Recall Widens as Takata Airbag Concerns Persist

    15 May 2015 | 8:49 am
    Honda has announced a significant expansion of their latest car recall, adding nearly 5 million cars that they believe may have faulty Takata airbags. The Japanese carmaker has already recalled 11.4 million cars over airbags supplied by Takata. According the CNN Money, the 4.89 million-car recall expansion identifies 14 models which were sold between 2002 and 2008. Among the models are the popular Civic and the CR-V. Honda has also confirmed that over 3 million of the cars in the recall are currently located outside of Japan. Issues over Takata airbags have been long-standing. According to…
  • Attorney Norman Taylor Breaks Down Auto Manufacturer "Stonewalling"

    28 Apr 2015 | 4:46 pm
    In response to the consumer frustration our firm has witnessed in response to the Ford Focus and Ford Fiesta transmission issues, Attorney Norman Taylor has published an analysis of manufacturer tactics to minimize costs and marginalize consumer rights. In the piece, "Why is Ford Motor Company Stonewalling Me? For Profit!," Attorney Taylor breaks down manufacturer and dealership strategies that allow them to avoid their responsibility to consumers under California lemon law and—more importantly—what consumers can do to combat these efforts. Stonewalling is the act of…
  • ABC Discovers Hundreds of Recalled Vehicles Still be Sold in U.S.

    7 Apr 2015 | 2:33 pm
    In a troubling investigation reported last month, ABC News revealed that over 100 dealerships in the U.S. are still selling cars to consumers that need recall repairs. The investigation, which featured undercover car buys in both New York and New Jersey, exposed possible oversights or neglect by car salesmen in their failure to divulge the recall status of vehicles they were selling. ABC producers set up several undercover buys of cars with known, dangerous recalls and asked salesmen during the sales process if the vehicles in question were subject to an open recall. One salesman in their…
  • 2014 Broke Auto Recall Records

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

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

    Krystal Chapin
    23 May 2015 | 6:10 am
    Sadly, it is all too common that elderly persons fall victim to abuse. Whether it is physical, emotional, or financial abuse, the vulnerability of older individuals makes them easy targets for such ill-treatment. Financial abuse is a difficult type of abuse to recognize and can be easily overlooked because there are not always blatant signs […]
  • Why A Collaborative Divorce Might Be An Option

    Robin Friedman
    20 May 2015 | 6:29 am
    In many divorces, couples take matters to court seek resolution. Each side usually has a lawyer. Depending on the circumstances, fighting may continue/increase and communication may become non-existent. The lawyers spend more time on the case, and the stress continues to rise for the parties. In many cases, the animosity continues and the parties ultimately […]
  • Dog Bites and Liability: Not always man’s best friend

    Robin Friedman
    12 May 2015 | 9:48 am
    Every year as the weather warms, it is not uncommon to spend far more time outdoors.  This is especially true of people with pets.  Pet owners can be found walking their dogs around town, playing with their dogs in the parks, taking their dogs to the beach and even bringing their pets to eat at […]
  • Foreclosure help is a phone call away

    Robin Friedman
    9 May 2015 | 7:21 am
    Your home is probably your most valuable material asset, and you have undoubtedly put a lot of your time, money and care into it.  Unfortunately, any combination of setbacks, from illness to job loss, can leave you suddenly unable to keep up with your mortgage payments and facing the possibility of foreclosure. You may have […]
  • Wills, Living Wills and Durable Powers of Attorney-Protecting Youself and Your family

    Robin Friedman
    6 May 2015 | 7:18 am
    I am often surprised at how few people including professionals and executives have met with an attorney and drafted Wills, Living Wills and Durable Powers of Attorneys in the event they or a family member get sick or have a terrible accident and cannot speak for themselves, or die.  I know that generally none of […]
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    bLAWgical Thinking

  • #barpreplife: New York Goes With The Uniform Bar Exam

    20 May 2015 | 9:07 am
    GUEST BLOG by Ifeoma Ukwubiwe Graduating 3L from Rutgers School of Law-Newark The A couple of weeks ago, New York’s highest court announced it will begin administering the Uniform Bar Exam (UBE) in July 2016. UBE is accepted in more than a dozen other states. Those states are Alabama, Alaska, Arizona, Colorado, Idaho, Kansas, Minnesota, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Utah, Washington and Wyoming. My Thoughts? Why didn’t New York adopt this for the July 2015 Bar Exam? Ugh! It should mean something when the largest state thus far decides to adopt what amounts to a…
  • #thebarlife: Remembering My Mantras

    5 May 2015 | 2:25 pm
    GUEST BLOG by Ifeoma Ukwubiwe Graduating 3L from Rutgers School of Law-Newark It’s no surprise that in law school you can easily feel like you’re drowning in stress. The first year is devoted to academic achievement in the classroom and finding the best summer internship. At the conclusion of most courses, you get one final exam to test your substantive knowledge of the black letter law. However, for many students, the second year of law school is the busiest year. Although the unique pressures of the first year are gone, second-year law students find themselves juggling a full schedule…
  • #barpreplife: My Bar Exam Books Arrived. Breathe.

    28 Apr 2015 | 11:05 am
    GUEST BLOG by Ifeoma Ukwubiwe Graduating 3L from Rutgers School of Law-Newark Hey People, I’m Ifeoma, your new @Barpreplife tweeter and blogger at I’m finishing up my third-year of law school at Rutgers School of Law-Newark. I will be taking the New York and New Jersey bar exams this July. Anyone else taking NY & NJ in July? Law School hasn’t been easy. Every semester has brought with it a unique set of challenges. Many times I’ve wanted to quit. But, I’m happy I didn’t. Everyday, I look back and think: Look how far I have come. That’s what kept me…
  • #The2Llife: Year in Review

    28 Apr 2015 | 10:53 am
    GUEST BLOG by Harrison Thorne, 2L at UCLA School of Law A lot has happened over this past year. I transferred to UCLA Law. I became a managing editor of a secondary journal. I also became an articles editor of another journal. I then became the Editor-in-Chief of that journal. I took difficult courses, including business bankruptcy and evidence. I excelled in bankruptcy, and competed in a moot court type bankruptcy competition, and externed part time for the U.S. Bankruptcy Court. But most importantly, I learned a lot. I learned that hard work is absolutely essential. I learned that working…
  • #The1Llife: Summer is Almost Here

    27 Apr 2015 | 4:41 pm
    GUEST BLOG by Lauren Rose, 1L at the University of Detroit Mercy According to Alice Cooper, “School’s out for summer!” However, I’m pretty sure my pal Alice was not referring to law school students when he wrote this catchy song. My last day of class was April 22nd and my last final is on May 7th, but that is only when the fun really begins! One of my internships starts the week after I am done with finals. I am so excited to be working in a courthouse for a judge! I feel like this will allow me to actually learn more about what lawyers and judges do, instead of just reading about it…
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    Attorney at Work

  • Five Ways to Build True Fitness into Your Day

    Jamie Spannhake
    22 May 2015 | 3:00 am
    Fitness, according to Merriam-Webster, is “the quality or state of being fit.” So what, then, is “fit”? Therein lies the key to true fitness. As Merriam-Webster explains, “fit” means “sound physically and mentally.” Here are five ways to build true fitness — both physical and mental — into your busy day. 1. Sleep is the foundation of fitness. According to Russell Foster, a circadian neuroscientist at Oxford University, the quantity of your time asleep affects the quality of your time awake. Over a third of our life should be spent sleeping. This can feel like a waste of…
  • Positive Client Experience? How to Improve Hospitality in the Office

    Mary Lokensgard
    21 May 2015 | 3:00 am
    “I’m tired of hearing about ‘improving the client experience.’ People come to me because I do excellent work. They don’t care if I’m nice.” Might sound familiar, but it’s only half right. Your clients expect you to do your job correctly — you’ll hear about it if you don’t. Provided your legal work meets their expectations, it’s the overall experience you provide that they’ll remember more. That’s what will bring them back, and move them to send their friends to you. Don’t believe it? Think about how you choose between similar services. If two…
  • The Dis-Associate’s Tips for the Young Traveling Lawyer

    William Melater
    20 May 2015 | 3:00 am
    Young lawyer or even slightly more “mature,” every lawyer can use pointers on avoiding the awkwardness of business travel. Former columnist William Melater offers help in this classic “how to” from the Attorney at Work Archives. Initially, it was just awkward. This stranger’s butt was inches from my face. Undulating. Back and forth. I could hear the loose change in his front pocket clanking against itself. He was a large man, but not large enough to block my view of his hands as he dug furiously through an old Eddie Bauer backpack. He took another step back. His rear…
  • Helping Others to Choose Well

    Marc Lauritsen
    19 May 2015 | 3:00 am
    An important client texts you for advice on a critical decision, apologizing that circumstances don’t permit a better means of communication. You can’t see or hear each other, and time is of the essence. The decision can’t be deferred. A poor choice may condemn the client to a string of negative consequences. Can you give good counsel solely through short bursts of written words? Remember, hand signals and knowing nods are of no avail. How much does that crimp your style? What do you ask? What do you say? What if you had to write a script in advance to handle the Q&A for such a…
  • Crushin’ It: 10 Social Media Misconceptions, Revised

    Jared Correia
    18 May 2015 | 3:00 am
    Let’s run down some common misconceptions about social media, and rotate the conversation. Misconception 1: “Oh No, My Privacy!” Revision: Connect Widely Now, in case you hadn’t heard, this is social media. If you’re using it to market your business, you’ll want as many people to see what you’re doing as you can corral. I understand if you want to have private accounts, where you don’t post work-related items, or where you can finally say what you really mean. But, if your intention is to generate clients and referrals of clients, and you want to leverage private accounts,…
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    Pretrial, Trial, Appellate & Evidence Blog


    Ronald H. Clark
    2 May 2015 | 2:19 pm
    Each student in my Comprehensive Trial Advocacy class creates a demonstrative exhibit that could be used in the murder trial of Edward Hard. The goal is to teach them how to bring reality into the courtroom using visuals. Here are some of the exhibits that they created displayed in the lobby of the faculty office area in the Seattle University Law School.

    Ronald H. Clark
    12 Apr 2015 | 3:43 pm
    This is a subject about which I’m totally unqualified to render an opinion. I’m perfectly comfortable discussing a man’s trial uniform. A man’s trial proper courtroom attire normally is a dark suit, white or blue shirt, a tie that may have a pattern but not a loud one, brown or black shoes coordinated with the suit and dark  (not white) socks. Any accessories must not be distracting to the viewer. This works well for politicians also, and they, like trial lawyers, can only go wrong if they vary from it – see one who did above and who got criticized for doing so. Although…

    Ronald H. Clark
    3 Apr 2015 | 11:00 am
    Today’s headline in the local newspaper is “Jury awards $3.7M to estate of Munchbar shooting victim.” The newspaper account describes how a jury awarded the estate of the deceased $3.5 million with the tavern being held responsible for 75% and other participants in a fight leading up to the shooting being responsible for the remaining 25%.  The shooter was prosecuted and pleaded guilty to second-degree murder.For a prosecutors and defense attorneys, one of the first murder cases that they may well handle will stem from a shooting in a tavern on a Saturday night. It’s part of what…

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

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

  • When to hire your first (or next) employee

    David M. Ward
    22 May 2015 | 10:47 am
    A sole practitioner asks, “How do I know when I can afford to hire my first employee?” That depends. If you think like a lawyer, you’ll wait until you have so much work piled up you can’t keep up with it. Hiring your first, or your next employee will be a matter of necessity. But you’re not just a lawyer. You’re also a business owner and if you think like a business owner, you will invest in the future of your business (practice). You won’t wait until it’s obvious you need help. You will imagine the future of your practice the way you want it to…
  • How to beat procrastination without really trying

    David M. Ward
    21 May 2015 | 11:19 am
    There are hundreds of tips and strategies on how to beat procrastination floating around. That’s too many, if you ask me. Instead of giving you a laundry list of ideas I want to share with you just three. (1) DON’T DO IT Not everything on your task list needs to be done. Many tasks aren’t that important, at least in comparison to other things on your list. After all, being productive isn’t about getting everything done it’s about getting the most important things done. So ask yourself, “Do I really need to do this?” and if the answer is anything but…
  • Delegate and grow rich

    David M. Ward
    20 May 2015 | 11:06 am
    Okay, you (finally) agree that you can’t do it all and that if you want to earn more and not work yourself to death you need to delegate (more). Where do you start? You start with the philosophy that you should delegate everything, except “that which only you can do”. That’s not as much as you might think. If you have attorneys working for you, start there. Give them as much work as possible.This is clearly a “20% activity that yields 80% of your results”. It’s why the big firms are the big firms. It’s where you can take giant leaps in…
  • How to select more profitable cases and clients

    David M. Ward
    19 May 2015 | 12:10 pm
    A subscriber asked for my thoughts on how to select, “more meritorious and profitable cases and eliminate smaller cases or “junk” that takes far too much time in proportion to profit potential.” I thought he was talking about contingency fee cases but when I went to his website I saw that he handles everything but. It’s a general practice, handling everything from divorce to banking to foreclosure, construction law, even appellate work, but no personal injury or anything tort related that I can see. Unless I’m missing something, as long as they get a…
  • The Real Housewives of Orange County

    David M. Ward
    18 May 2015 | 11:49 am
    I get a fair amount of direct mail from lawyers and other professionals inviting me to a free dinner at a nice restaurant. Basically, they buy you steak or seafood and you listen to a presentation, followed by a pitch to make an appointment. If the professional gets all the bits and pieces right, this can be an effective strategy for marketing high ticket items like legal services, securities, and insurance products. The other day, I got one such mailing from one of my neighbors, a financial adviser who is conducting a retirement planning dinner. My wife saw it and recognized the name of the…
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    Law Firm Marketing Consultant | SEO Specialist

  • The Fate Of The Law School Class of 2010

    Dustin Ruge
    20 May 2015 | 2:00 am
    A recent article in the New York Times chronicled the outcome of the 52,488 law school graduates from the 2010 graduating class. With changes in the legal market and joining the supply of 1.2 million attorneys in US, many ended up here...Only 40% are now working in law firms compared to 60% in 200085% of law school graduates have taken out some type of student loans The average outstanding student loans range from $77K - $112K Many of the graduates who are practicing law have started their own practices due largely to the lack of jobs at larger law firms All of this should be eye-opening…
  • Is your website costing you business?

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

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

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

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

  • BB King estate fight could get pretty ugly

    22 May 2015 | 8:19 pm
    It seems that yet another celebrity estate is headed for court. Apparently even though legendary blues artist B.B. King has only just passed away, his children are already fighting over control of  his estate. The National Post has a story about this, which you can read by clicking here. Celebrity families are just like regular families, except that they have different assets to fight about,
  • If your spouse dies, leaves you nothing and gives it all to his kids, should you contest the will?

    22 May 2015 | 7:00 am
    If your spouse dies and leaves you nothing and leaves everything to his/her kids from a previous marriage, should you contest the will? What if you're unwell and can't work? This is a question I hear frequently from many readers, with a thousand different fact situations. One reader put the question very succinctly, and I thought many of you would be interested in reading the answer. The
  • 8 steps to take if you've been widowed

    10 May 2015 | 12:09 am
    Once the shock of being widowed has worn off a bit, it's time to take some steps to get your own affairs in order. It's important that you straighten out legal matters to reflect your new situation, in order to avoid issues and complications for yourself and for those who may become involved in your care in the future. Making plans as an individual can be quite different from making plans as
  • Weekend smile

    8 May 2015 | 6:19 pm
  • When parents get older, sometimes the vultures win

    2 May 2015 | 3:17 pm
    Here is a question that I'm asked often, in various forms. I have to say, it's my absolute most-disliked question, because I feel that the parents of those asking have lost all autonomy and are losing their basic legal rights. I know right now that this answer is going to be a rant... Here is the question: "Is it possible to liquidate part of an estate before death if both beneficiaries agree
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    AZ Attorney

  • Judge Randall Howe honored at @azdisabilitylaw on its 20th anniversary

    22 May 2015 | 9:30 am
    Hon. Randall Howe, Ariz. Court of Appeals, surrounded by law school classmates, Arizona Center for Disability Law, May 15, 2015. Earlier this month, I mentioned a remarkable story told in the May Arizona Attorney. In it, Judge Randall Howe relates his mother’s advocacy for his quality education—though his school deemed him unfit for such due to a disability. The 6-year-old Howe had a remarkable champion in his corner in 1969. Since then, he has been a champion for others, which led to his being named the recipient of an esteemed Vision Award from the Arizona Center for Disability Law. On…
  • Patent pro bono may already be in Arizona—but who’s doing it?

    21 May 2015 | 9:30 am
    Would pro bono legal help lead to the patenting of more useful items? (Here, an 1879 plow) I routinely hear about—and share—stories of the need for increased legal services, and how pro bono service fills some of that gap. The needs are great and often thought of as being in areas such as bankruptcy, landlord–tenant, or employment law. But what about a more esoteric area of law? Could there be a pro bono need for practice experts like that—such as in patent law? That was the kind of thinking that led to the creation—the invention, you might say—of a patent law pro bono program. A…
  • 2015 award winners of @AZStateBar announced

    20 May 2015 | 9:30 am
    Attorney George Chen, named the State Bar of Arizona 2015 Member of the Year. The State Bar of Arizona has announced the winners of its 10 annual awards. The honorees will be recognized at the Bar Convention’s June 26 luncheon. I was pleased to see Bryan Cave lawyer George Chen was named Member of the Year. Among many accomplishments, George is currently the President of the National Asian Pacific American Bar Association. His full bio is here. You can read the names and affiliations of all the winners here. And you can read the entire Convention brochure here (and register to attend here).
  • Globe, Ariz., offers lessons legal and otherwise

    19 May 2015 | 9:30 am
    The ‘G’ on the mountainside means you’re in Globe, Ariz. On Monday, I traveled to Globe, Ariz., to work on a magazine story. And as it was my very first trip to the Cobre Valley, I’m pleased to report that it was a pleasure, beginning to end. My only previous experience of Globe came via an article in Arizona Attorney Magazine. There, in 2004, (Judge) Sally Simmons wrote about the historic mining town and one lawyer’s impact on it. Tommy Thompson in Globe, Ariz., by photographer Cassandra Tomei As she said, Tommy Thompson has been committed to the restoration and…
  • Election of Pinal County @AZStateBar board members closes May 20

    18 May 2015 | 9:30 am
    Screen-shot of State Bar Governors election for Pinal County, which closes this Wednesday, May 20. A funny thing happened on the way to the forum—the election forum, that is. This month, elections are open for State Bar of Arizona Board of Governors positions for attorney from Pinal County, which is District 8. If you’re in that district and haven’t voted, get to it; all voting is online, and polls close at 5:00 pm this Wednesday, May 20. More detail about the election is here. There are a few noteworthy things about that page. First, the functionality is pretty cool. Clicking on the…
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    Law Donut blog feed

  • How contract law could have prevented the pro gay marriage wedding cake row

    22 May 2015 | 3:21 am
    You may have heard the news. In a landmark decision concerning a case about freedom of expression, court rules Christian cake-makers should not have refused to bake cake with pro gay marriage theme. So it's all about liberty, justice and human rights? Well, yes, and it plays well at the legal media box office. Everyone loves a good old discussion about justice, laws behind laws, jurisprudence. And some just love a gossipy controversy that involves two competing 'interest groups'. The judge cited 'discrimination' law in his summing up; the cake shop owned by a Christian family had…
  • Who gets paid when a company goes bust?

    12 May 2015 | 8:02 am
    Resources:  Dealing with insolvency
  • Is your business ready for shared parental leave?

    Mark Williams
    29 Apr 2015 | 3:55 am
    Employment law changes introduced on 5 April mean parents who both work now share rights to up to 50 weeks’ leave after having a baby or adopting a child. Mothers will still take the first two weeks off as compulsory maternity leave (four if they work in a factory), while fathers/partners will also be able to take two weeks' paternity leave. But the remainder of maternity leave can be shared or taken by the father/partner. Leave and pay Employees can take shared parental leave in up to three separate periods. By being able to share leave with their partner, they can choose how much time off…
  • What can employers learn from the Jeremy Clarkson 'fracas'?

    Mark Williams
    16 Apr 2015 | 7:05 am
    If reports are to be believed, it’s probably the highest price anyone has ever paid for a steak dinner. You probably already know the story (how could you have missed it?), but let's remind ourselves... As reported by The Telegraph et al, on 4 March former Top Gear presenter Jeremy Clarkson verbally abused and physically assaulted BBC producer Oisin Tymon. Why? Things turned nasty after Clarkson couldn't have a sirloin steak following a day’s filming. Indeed, no hot food was available at the Simonstone Hall Hotel in North Yorkshire, with the 55-year-old Doncaster-born presenter not…
  • Is it me, or is it hot in here…?

    9 Apr 2015 | 6:42 am
    Yes, it’s the standard self-deprecating line from menopausal women, but menopausal symptoms in real life are not much of a joke and can affect the working lives of the 3 million-plus women over 50 in the workplace. While the symptoms of the menopause are very common, including hot flushes, irregular or heavy periods and interrupted sleep, very few workplaces have any policy on accommodating the needs of women during this phase of their lives. Despite an employer’s general duty of care to staff, and legislation on treating both genders without discrimination, in practice the menopause is…
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    Colorado Construction Litigation

  • Vallagio v. Metropolitan Homes: The Colorado Court of Appeals' Decision Protecting a Declarant’s Right to Arbitration in Construction Defect Cases

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

    David M. McLain
    28 Apr 2015 | 9:24 am
    Senate Bill 177, the Colorado housing community’s effort to reinvigorate the construction of attainable multi-family housing and quell construction defect lawsuits, was killed by the House State, Veterans and Military Affairs Committee on Monday evening on a party-line vote. Although the bill received significant bipartisan support in the Senate, a broad coalition of municipalities, builders, contractors, and non-profit organizations was unable to convince a pre-determined “kill” committee of the merits and benefits of the bill.  We nevertheless expect an even stronger push for…
  • Colorado SB 15-177 UPDATE: Senate Business, Labor, & Technology Committee Refers Construction Defect Reform Bill to Full Senate

    David M. McLain
    31 Mar 2015 | 7:44 am
    On March 18th, following a lengthy hearing with testimony and questioning for and against Senate Bill 15-177, the Senate Business, Labor & Technology Committee voted 6 to 2 to refer the bill, with new amendments, to the full Senate. While the main points of the bill remain strongly intact (check herefor Senate Bill 177’s particulars), bill sponsors Senators Scheffel and Ulibarri offered four amendments, designed to bring additional compromise and clarity to the bill. The committee ultimately adopted these amendments, described below.Amendment 16 removed a prior prohibition in the bill…
  • Press Release From the Colorado State Senate Regarding Senate Bill 91's Passage Out of Committee

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

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

  • Messaging from Tata Indicom coming after midnight

    24 May 2015 | 4:23 am
    There are known times for interactions with companies and customers. Many organization have set times when their offices and their cost centers are open for their customers to contact them, typically between 9 AM – 10 AM , and 5 pm – 6 PM on weekdays. You have any complaint with them, you call them up between these times; there are still not many organizations who provide 24 X 7 support. The reverse is certainly true. If some organization has to call you, the better ones will make sure that the time works for you, if not then what time works for you. But it is absolutely unheard…
  • Airlines – Keep a lookout for cancellation charges

    22 May 2015 | 4:55 am
    Recently, the Indian airline regulator (DGCA) has made it possible for airlines to charge an increasing amount for different services. As a result, airlines can charge for the seating of different seat positions (whether it be the aisle or window seats). This has been done to an extent that if a family travels together, they would have to ensure that they book seats together, since that is not confirmed when they actually show up at the check-in point. It has been argued that these charges allow the airlines to make some money to shore up their profits when they are providing lower cost…
  • Bombay High Court: Right to a pothole free road fundamental right of people

    21 May 2015 | 4:46 am
    For the past few years, we have been seeing that there is an increasing emphasis by courts and even consumer forums on tracking the services provided by municipal authorities. Earlier, it was a simple assumption that services dealt with by municipal authorities were provided by the Government and hence could not be challenged, did not come under the rights of citizens to challenge, and only the Government could control and regulate them. So, roads could be problematic, repairs could take forever, garbage collection could be a mess, roads once laid down could get spoiled in a few months after…
  • Telecom – Massive increase in Tata Photon Internet charges

    17 May 2015 | 9:12 am
    An internet connection is an absolute requirement nowadays; and one needs internet on the move. One option that a lot of people now depend on is having a 3g connection on the phone, with the phone itself being used for internet connectivity even from laptops and desktops (by setting the phone as a hotspot). Others use either a wired internet connection or use the Wireless Internet services provided by a number of companies (such as MTS, Airtel, MTNL / BSNL, Tata Photon, etc). One’s dependence on these services can be critical for one’s success nowadays (cut your internet…
  • Mumbai – No need to get a police NOC before renting out property

    16 May 2015 | 10:41 am
    For some time, there has been a condition imposed by the Mumbai police that before renting out an apartment, or for a tenant, before taking an apartment on a lease, a No Objection Certificate (NOC) had to be obtained from the local police station. This, as most people, who do not work closely with the police would know, is something that meets with a lot of apprehension (somebody who of course works closely with the police will know all the processes to speed up the process, whether it is through meeting some local demands or using some sort of influence / friendship to ensure that the NOC is…
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    Accellis Technology Group

  • Quickly Preview Documents in Worldox Using the Viewer Tool

    John H. Roth II
    20 May 2015 | 10:10 am
    Have you ever been looking for a document but can’t remember what you named it? Have you ever had to sort through lots of photos to review for a case? Or have you ever needed to find a specific phrase in a 100+ page pdf? The viewer allows you to quickly preview and scan though a list of documents or photos. If you partner the text search with the view, you can search all documents for a unique word of phrase and be taken to that word or phrase, which will then be highlighted in every document listed in the result. Check out this 5-minute video an learn how to use the viewer. Tell your…
  • Using Time Entry Assistant in Amicus Attorney

    Colleen Heine
    20 May 2015 | 10:09 am
    If at the end of each day or month you are scratching your head wondering where your time was spent, you should start using the Time Entry Assistant within Amicus Attorney Premium Edition. This tool will automatically track activities saved to a file that have not been billed yet. This video will show you how to track time with ease.
  • Which type of hackers represent the biggest threat to law firms?

    Jeremiah Sorbera
    15 May 2015 | 5:46 am
    The days of casual hackers going about their efforts for little more than bragging rights have now morphed into big business where the financial rewards can be substantial. It is estimated that the makers of the ransom-ware Cryptolocker have already collected millions of ransom dollars ( for that system alone. When you consider all the viruses on the Internet, the amount of revenue these nefarious coders are collecting is mind boggling. Hackers represent much of the threat landscape for many industries, and the legal industry is no exception. With pop culture today portraying them…
  • Accellis Sponsors Jam for Justice Fundraiser With The Legal Aid Society of Cleveland

    Abbie Hosta
    7 May 2015 | 12:43 pm
    In Cleveland, justice has a sound and it will be heard loud and clear at the House of Blues, Thursday, June 18, when six bands featuring local judges and attorneys start to bang guitars and drums as a fundraiser for The Legal Aid Society of Cleveland. The annual summer fundraiser, Jam for Justice, helps raise funds for the Legal Aid’s work to ensure health, safety, shelter and economic security for the Cleveland community. Last year, over 850 guests enjoyed food, drinks, and music performed by featured artists. As a proud sponsor of the event, Accellis will be hosting an after party for…
  • Worldox for Medical Malpractice & Personal Injury Firms

    Colleen Heine
    30 Apr 2015 | 8:59 am
    Document management software has quickly become a necessary component of law firms regardless of size or practice area. That is due in part because the document structure of law firms has evolved to include day to day email correspondence. Medical malpractice or personal injury firms are two practice areas where we see a demanding volume of documents to keep straight. Considering medical records, insurance paperwork, hospital invoices are all collected in addition to the documents crafted by attorneys-it’s easy to see how difficult it is to attain organization. When medical malpractice…
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    The Litigation Consulting Report

  • In-House Counsel's Role In Keeping Litigator Ego In Check

    22 May 2015 | 11:57 am
      by Ken LopezFounder/CEOA2L Consulting I've seen litigator ego contribute to the winning of cases and the losing of cases. Unfortunately, however, I've seen more cases lost because of it than won because of it. What do I mean by the ego of a litigator? If you've worked around litigators (or litigation consultants for that matter), you already know what I mean. For anyone else, I'm referring to all those first-chair litigators in trial-related situations who put themselves ahead of the client's best interests. The best definition I have found of “ego” is "the idea or opinion that you…
  • 7 Things In-House Misses When Litigation Consultants are Underutilized

    20 May 2015 | 10:08 am
    by Ken LopezFounder/CEOA2L Consulting I think that a lot of in-house counsel don’t know that litigation consultants exist in the role that they play today. Trials are so rare these days that this is understandable. But high-quality litigation consultants are in business quite precisely because trial is so rare. Top litigation consultants go to trial dozens of times per year, while even the best and highest-profile litigation attorneys go to trial once every several years at most. Litigation consultants help inform litigators about new trends both in rhetoric and in visual presentation and…
  • 10 AmLaw 100 Firms That Love to Learn

    18 May 2015 | 8:08 am
      by Ken LopezFounder/CEOA2L Consulting There is a lot to learn from data, and these days data is everywhere. For better or worse, data can be available for everything from the number of steps you walked today to how long you took to read a particular Web page. I recently took the time to assess how the AmLaw 100 law firms were interacting with our site, particularly with the articles on this blog. Some law firms are very active, and some hardly visit at all — and I think this information tells us a great deal about these law firms. This data is interesting to me for…
  • The Top 10 Litigation Articles From the Start of 2015

    12 May 2015 | 7:50 am
      by Ken LopezFounder/CEOA2L Consulting We publish a lot of articles on this blog here at A2L Consulting. Sometimes we publish so many that it’s not easy to decide which ones to read first. That's why once a quarter we do a mini-retrospective of the best articles based on what our readers choose to look at. Our theory is that the more people that read an article, the more compelling and the better it is. All these articles relate in some way to persuasion: Why expensive-looking litigation graphics are better than inexpensive-looking ones, why you are less persuasive when you are using…
  • How to Apply Cialdini's 6 Principles of Persuasion in the Courtroom (Part 2)

    4 May 2015 | 1:44 pm
      by Alex BrownDirector of OperationsA2L Consulting Commitment (and Consistency) (see Part 1 about reciprocity here) In 1971, Charles Kiesler wrote a book called The Psychology of Commitment. In it he describes various experiments designed to understand human motivations. Kiesler referred to one of his experimental results as “the boomerang effect.”  The idea is that if a person has committed to something and is then attacked for his position, he or she is likely to increase his or her commitment, even if the commitment was not at all strong in the first place. This brings up…
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    New Jersey Injury Attorney Blog

  • How Serious Are Whiplash Injuries After a Car Wreck?

    11 May 2015 | 11:14 am
    “Whiplash” is the name given to head and neck injuries caused by a sudden, violent movement of the head. The American Academy of Orthopedic Surgeons estimates that as many as three million whiplash injuries occur every year in the United States, and that about 20 percent of all vehicle occupants involved in rear-end car crashes experience whiplash symptoms. Whiplash can be tough to diagnose for several reasons. First, not all whiplash symptoms appear immediately after an accident. Bruising, swelling, torn tissues, and other damage may not be obvious for a few days. Next, there is no…
  • Traumatic Brain Injury by the Numbers

    13 Apr 2015 | 12:20 pm
    Traumatic brain injury (TBI) is the leading cause of death and disability in children and adults under age 44, according to the Brain Trauma Foundation. Car accidents, slip and fall accidents, and sports injuries top the list of TBI causes. Currently, about two percent of the U.S. population, or 5.3 million people, live with disabilities caused by a TBI, and TBI claims about 52,000 lives each year – or about one thousand people each week. The more you know about traumatic brain injury, the better equipped you become to protect your rights or the rights of someone you love after a…
  • New Jersey Workplace Deaths Declined in 2013, Says Study

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

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

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

  • A Setback for Generic Consumers

    Corey Lorenz, Associate
    21 May 2015 | 8:28 am
    The road to recovery for generic drug consumers just got more difficult. After a series of rulings from the U.S. Supreme Court over the past few years, a person injured from a generic drug is almost entirely unable to bring
  • Fairness in Class Action Bill Does Not Live Up to Its Name

    Adam Prom, Associate
    28 Apr 2015 | 8:20 am
    Last week, House Judiciary Committee Chairman Bob Goodlatte (R-Va.) and Constitution and Civil Justice Subcommittee Chairman Trent Franks (R-Ariz.) introduced the “Fairness in Class Action Litigation Act of 2015” (H.R. 1927). A press release announced how the bill purports “to
  • E-Cigarettes: The New Kink in the Fight Against Tobacco

    Tania Yusaf, Associate
    22 Apr 2015 | 12:24 pm
    While the anti-tobacco movement has made major legislative strides over the years in the fight against death and disease caused by cigarette smoking and other tobacco products, a new tobacco substitute may interfere with this progress: the electronic cigarette or
  • Recent Ninth Circuit Ruling on Nutrition Labeling is a Win for Consumers

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

    Amy Sayre, Paralegal
    11 Mar 2015 | 10:58 am
    If you ask a company representative if they think arbitration clauses are harmful to consumers, more than likely, they will say no. If you ask the average consumer if they think arbitration clauses are harmful to consumers, they will ask
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  • I love this marketing strategy that NEVER goes out of date!

    4 May 2015 | 7:58 am
    If I haven’t told you before, I love direct mail. A lot of lawyers who work with us are surprised to hear that direct mail makes up a key part of our overall marketing strategy for their law firms.  They think of junk mail and wonder, “does anyone really open that stuff anymore?” The short answer is YES.  In fact, even more so than a lot of digital communications these days.  It’s one tried and true marketing strategy that has withstood the test of time and really works… even in today’s digital world. You can use direct mail for almost anything.  Here are some areas where I…
  • Run your site NOW through Google’s “Mobile Friendly” Tester

    16 Apr 2015 | 11:52 am
    I’ll keep this week’s newsletter short and sweet because I want you to focus on taking action. There’s less than one week to get your website in order before Google’s “mobilegeddon” algorithm update.   Remember, Google will soon be dropping sites from mobile search results if they are not mobile-friendly and responsive by April 21st. The number one question I’ve received from my own private clients, as well as my newsletter readers is, “How can I even tell if my site meets Google’s mobile-friendly criteria? I THINK I’m Mobile-Friendly but I’m not 100% sure. Well, here…
  • This is a little personal, but there’s something in it for you, too.

    14 Apr 2015 | 11:30 am
    I don’t know about you but Spring is my absolute favorite time of year…even when we have April showers move in for a few days. Everything is coming back to life (yes, I live in Florida, but up here in the Panhandle we do have seasons). And, we are entering the 2nd quarter of the year where everyone seems to get a burst of energy to get things moving in their business. I love spring so much that it’s the season I chose to get married in.  Tomorrow would have been my 23rd wedding anniversary. So now, along with my anticipation of the season, there is also some sadness that…
  • Your Website Needs Attention

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

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

  • Memo to In-House Counsel: Minimizing Communications Babel, Part I

    Pam Woldow &amp; Doug Richardson
    19 May 2015 | 12:56 pm
    If it did not depict so much dysfunction, the incessant mud-slinging between in-house counsel and law firm lawyers about abysmal communication would be almost laughable. Instead it reveals a continuing and unresolved component in the law firm-client relationship, a serious and costly barrier to effective collaboration. Bad Communication:  Who’s to Blame? For years, every client attitude survey has flagged “poor communication” as the number one gripe in-house counsel have about law firm service delivery.  Over and again, in-house folks report that outside counsel: Are unresponsive…
  • Scope-Blindness: Confusing Trees with Forests

    Pam Woldow &amp; Doug Richardson
    7 Apr 2015 | 1:01 pm
    As one of its core principles, Legal Project Management (LPM) emphasizes the need for effective project scoping as a crucial first step for delivering legal services efficiently, predictably, on time and on budget. Our motto: Effective front-end planning beats damage control any day. Most experienced lawyers tell us they scope engagements quite well. In our experience, many of them don’t. Hands-on, Perspective Off In LPM training, for example, we always do a hands-on scoping exercise, a role play using a realistic case hypothetical. Every participant gets the opportunity to propound…
  • The Human Barrier to LPM Technology: Will Lawyers Get to the Future?

    Pam Woldow &amp; Doug Richardson
    2 Apr 2015 | 10:29 am
    We have just returned from the World Masters of Law Firm Management Conference in Sydney, Australia, where we had the opportunity to compare notes with a lot of folks deeply invested — literally and figuratively – in the future of legal technology. By and large, we agree that when it comes to Legal Project Management (LPM), the platforms, tools, templates and technology are evolving at the speed of…frustration. Law firm and law department IT heads and CTOs (Chief Technology Officers) are pained to admit this, but somewhere out back behind every one of their workshops is a pile of…
  • LPM for Associates: The View from Ground Level

    Pam Woldow &amp; Doug Richardson
    24 Jan 2015 | 10:33 am
    We’ve all heard the time-worn joke that associates share with each other: We’re just like mushrooms — kept in the dark and buried in…fertilizer. To reality-test whether today’s associates really see their work that way, we recently  conducted several Legal Project Management and collaboration skills training workshops targeted specifically to associates. This was a novel approach, because most LPM training focuses heavily on the roles and responsibilities of partner-level participants: client-relationship partners, project managers, practice group leaders, client team leaders,…
  • The LPM Maturity Model: 5 Steps for Transforming into a Client Focused Business

    Pam Woldow &amp; Doug Richardson
    3 Jan 2015 | 1:54 pm
    In this guest post, we are pleased to have Keith Lipman, Esq., President and Founder of Prosperoware, share his practical insights about implementing Legal Project Management. Unless you are deaf to the present realities in today’s legal marketplace, you now hear the persistent drumbeat of client-focused legal service delivery: a persistent rhythm driving you toward Legal Project Management (LPM). Clients are insisting that firms price and deliver services that fit their tolerance for risk, produce excellent results and keep the work within budget — all in the most efficient…
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    Idaho Criminal Defense Blog

  • Pardon our absence …

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

    Chuck Peterson
    16 Mar 2015 | 1:53 am
     Last week was a gem. Twice, clients who were almost certain to go to prison when we first started working their cases, avoided that fate. First, in federal court a twenty-year-old kid who pleaded guilty to distributing heroin and oxycodone received three years probation. In state court, a client on a fourth lifetime DUI and facing felony charges was spared a stay in Idaho’s pen because of what he had accomplished since his arrest six months prior. The key in each case?  Their story.  Not some fictional account of why they were before the court facing years of…
  • Facing Federal Charges? Research Indicates 99% of ALL Federal Defendants Will Be Sentenced!

    Chuck Peterson
    24 Feb 2015 | 10:05 am
     Attorney Alan Ellis writes a monthly newsletter that includes information and tips on federal sentencing and post-conviction matters. I just read the following from his February edition:  – Approximately 97% of all federal criminal defendants plead guilty.  – Of those who proceed to trial, 75% are convicted.  – Almost 99% will ultimately be sentenced.  – Over 87% will be sentenced to prison. Yikes!  Virtually every defendant in a federal criminal case will be sentenced? Is that really our experience in federal court? He is probably close.
  • “Everyone’s a Suspect” but Why Would the Cops Believe Jay?

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

    Chuck Peterson
    2 Jan 2015 | 8:25 am
      By now you likely have finished listening to Serial, a podcast from the creators of This American Life, hosted by Sarah Koenig that garnered over 5 million listeners and which I last wrote about weeks ago. Time flies when you are busy. Since then I have tried a little criminal case, and been through an arbitration proceeding in an intellectual property dispute. And I am going back through Serial because there are great lessons for lawyers and defendants – actually there are lessons for Plaintiffs in personal injury cases or any other type of case. Here is…
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    Northern California Personal Injury Blog

  • Kelly Balamuth, Volunteer Mediator for the Congress of Neutrals

    Kelly Balamuth
    14 May 2015 | 9:22 am
    Kelly Balamuth is a volunteer mediator of the Congress of Neutrals, providing services to the Contra Costa County Court Program. The Congress of Neutrals is a 501(c)(3) nonprofit corporation which grew out of comparative studies of community dispute resolution methods used in Japan and the United States. As a mediator for the Small Claims Court in Contra Costa County, Ms. Balamuth meets with parties before their matter is heard by the judge and helps them come to a neutral agreement, if possible. Small claims court mediations are held on the day of the trial in three of the local branch…
  • Oakland Radio Host Killed in Hit-and-Run

    Kelly Balamuth
    29 Apr 2015 | 3:38 pm
    A long-time local radio host in the Bay Area was killed in Oakland on April 18 just after 2 a.m. in a hit-and-run. He was driving on the 5900 block of Martin Luther King Jr. Way and struck by a speeding Dodge Charger, causing his car to flip over, killing him at the scene.  At this time, the driver is still being sought with $10,000 in reward money being offered for information leading to the suspect’s arrest. The popular radio host leaves behind a wife and three young children. Auto accidents make up the majority of personal injury claims in the U.S. This isn’t surprising, given that…
  • Family Files Medical Malpractice Suit Against Oakland Hospital

    Kelly Balamuth
    8 Apr 2015 | 1:39 pm
    An Oakland family has filed a medical malpractice suit against the Children’s Hospital in Oakland on behalf of their 13-year-old daughter.  They are alleging medical negligence took place a little more than a year ago when the young girl was undergoing a risky surgery to treat her sleep apnea. The suit details the loss of at least 2 pints of blood following surgery, her resulting heart attack, and her doctor not arriving until hours after being called to assist the teenage girl.  The suit also claims that the nurses violated the standards of “competent performance” as set forth in the…
  • Protecting Elder Loved Ones from Injury Accidents

    Kelly Balamuth
    31 Mar 2015 | 8:23 am
    “Age is an issue of mind over matter. If you don’t mind, it doesn’t matter.“ —Mark Twain This is a good quote, but perhaps not accurate. When an older adult suffers a life-changing injury, it is difficult not to mind. Seniors are particularly vulnerable to accidents like tripping and falling or being knocked over. When such accidents occur, broken hips or other bones are not uncommon and can be devastating. Injuries can take away your comfort and self-sufficiency, requiring added care costs and stress. It is frightening to lose independence. Frankly, getting older is…
  • Oakland Mother Killed By Gunfire

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

  • How Serious Are Whiplash Injuries After a Car Wreck?

    11 May 2015 | 11:14 am
    “Whiplash” is the name given to head and neck injuries caused by a sudden, violent movement of the head. The American Academy of Orthopedic Surgeons estimates that as many as three million whiplash injuries occur every year in the United States, and that about 20 percent of all vehicle occupants involved in rear-end car crashes experience whiplash symptoms. Whiplash can be tough to diagnose for several reasons. First, not all whiplash symptoms appear immediately after an accident. Bruising, swelling, torn tissues, and other damage may not be obvious for a few days. Next, there is no…
  • Traumatic Brain Injury by the Numbers

    13 Apr 2015 | 12:20 pm
    Traumatic brain injury (TBI) is the leading cause of death and disability in children and adults under age 44, according to the Brain Trauma Foundation. Car accidents, slip and fall accidents, and sports injuries top the list of TBI causes. Currently, about two percent of the U.S. population, or 5.3 million people, live with disabilities caused by a TBI, and TBI claims about 52,000 lives each year – or about one thousand people each week. The more you know about traumatic brain injury, the better equipped you become to protect your rights or the rights of someone you love after a…
  • New Jersey Workplace Deaths Declined in 2013, Says Study

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

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

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

  • Surprising Sumertime Injuries

    Paul Cannon
    12 May 2015 | 4:04 pm
    The pleasant weather and summer are here again! Summertime evokes thoughts of enjoyable days spent out of doors, diving into swimming pools, and picnics of BBQ and corn on the cob. For most people, summertime is their most favorite time …The post Surprising Sumertime Injuries appeared first on Simmons & Fletcher.
  • Giving Birth to Multiples Increases Risks of Complications

    Paul Cannon
    3 May 2015 | 6:37 pm
    As reported by Fox News recently, a Houston area woman gave birth to the only set of all female quintuplets in the United States.  Born at The Woman’s Hospital of Texas, the five little girls arrived on April 8th…The post Giving Birth to Multiples Increases Risks of Complications appeared first on Simmons & Fletcher.
  • Surviving an Apartment Complex Fire

    Paul Cannon
    23 Apr 2015 | 3:57 am
    The Houston area was hit hard recently by hail, high winds and dangerous storms. One particularly nasty storm produced strong lightening in the Harris County region. Residents of an apartment complex in the area were shocked when a lightning strike …The post Surviving an Apartment Complex Fire appeared first on Simmons & Fletcher.
  • No Telemedicine In Texas?

    Paul Cannon
    16 Apr 2015 | 4:17 am
    The World Wide Web has, without a doubt, made the world a smaller place.  The free exchange of information has opened doors to cross-state and cross-border sales of goods and services.  It only makes sense that the service industry would …The post No Telemedicine In Texas? appeared first on Simmons & Fletcher.
  • Distracted Teen Drivers and Cell Phones

    Paul Cannon
    9 Apr 2015 | 6:52 pm
    The AAA Foundation For Traffic Safety (AAA-FTS) has published a very sobering report this week – teen drivers are even more distracted behind the wheel than previously thought. The AAA-FTS analyzed in-vehicle event recorders in 1,691 moderate-to-severe vehicle accidents between …The post Distracted Teen Drivers and Cell Phones appeared first on Simmons & Fletcher.
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    Loyalty Law

  • How Common Are Accidents At Work Really?
    12 May 2015 | 8:28 am
    Accidents at work are often portrayed as rare events. On its own, this opinion is harmless, but it’s often implied that they’re also very unfortunate events, with nobody really to blame... The post How Common Are Accidents At Work Really? appeared first on Loyalty Law.
  • Reasons To Be Careful (One, Two, Three)
    14 Apr 2015 | 7:17 am
    Whiplash claims is a heavily contested area of law. Not in the actual court – there are fairly predictable whiplash payouts that you can expect to receive based on factors that... The post Reasons To Be Careful (One, Two, Three) appeared first on Loyalty Law.
  • Have You Been In An Accident That Was Your Fault?
    1 Apr 2015 | 6:42 am
    Have you been in an accident that wasn’t your fault? It’s a familiar refrain, familiar enough that what seemed like hundreds of thousands of Twitter users joked about it after... The post Have You Been In An Accident That Was Your Fault? appeared first on Loyalty Law.
  • Government Statistics Highlight Risk From Asbestos Related Disease
    20 Mar 2015 | 7:32 am
    According to statistics from the IIDB, asbestos is still a serious on-going problem for many workers within the United Kingdom, with an average of around thirteen new cases per hundred... The post Government Statistics Highlight Risk From Asbestos Related Disease appeared first on Loyalty Law.
  • Living With Whiplash: True Whiplash Stories
    2 Mar 2015 | 9:59 am
    Whiplash is an injury that happens quickly, lasts for a long time, and entails numerous physical and psychological complications. One of the hardest things to live with, though, is the... The post Living With Whiplash: True Whiplash Stories appeared first on Loyalty Law.
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    Palmer Law Firm

  • Jury Verdict: Cervical Disc Herniation in Hennepin County

    1 May 2015 | 1:45 pm
    Ralph Palmer and Eric Palmer have obtained a $97,755.49 (gross) verdict on behalf of their client that sustained a cervical disc herniation (C6-7) in a rear-end collision that occurred on Highway 94 in Minneapolis, Minnesota.  The Plaintiff’s treatment consisted an initial emergency room visit, chiropractic adjustments, a neurological evaluation, and use of prescription medical prescribed by the treating neurologist.  The breakdown of the verdict was: Past Medical Expenses: $21,305.49 Past Pain & Suffering: $10,000.00 Future Medical Expenses: $21,450.00 Future Pain &…
  • Texting and Driving Accident Hospitalizes Toddler

    Eric Palmer
    4 Nov 2014 | 7:04 am
    Simply stated, it is illegal to send or read a text message or email while driving a car in Minnesota (Minn. Stat. 169.475). This prohibition, unfortunately, does not prevent many on the roadway from thumbing through messages on their phones while they are behind the wheel. A Minnesota teenager has been charged with a felony count of Criminal Vehicular Operation in Dakota County for allegedly texting and driving at the time of a collision that occurred in Eagan, Minnesota during July of 2014.  This collision sent Henry Knoof, a 15-month-old that was in the other vehicle, to Regions…
  • Ralph Palmer Named Super Lawyer for 15th Consecutive Year

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

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

    23 Jul 2014 | 5:18 am
    The post Outreach: Henry Knoof appeared first on Palmer Law Firm.
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    Strictly Business

  • Venture Capital Term Sheet Negotiation — Part 21: No-Shop and Confidentiality Provisions

    Alexander J. Davie
    29 Apr 2015 | 3:31 pm
    This post is the twenty-first and final in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior twenty posts, we provided an introduction to negotiation of the term sheet and discussed binding and non-binding provisions and discussed valuation, cap tables, and the price per share, dividends on preferred stock, liquidation preferences, the conversion rights and features of preferred stock, voting rights and investor protection provisions, anti-dilution provisions, anti-dilution carve-outs and “pay…
  • Venture Capital Term Sheet Negotiation — Part 20: Founders’ Stock

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

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

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

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

  • Celebrate National Bike Month by Driving “Bicycle-Safe”

    Maples Law Firm
    18 May 2015 | 8:49 am
    May is National Bike Month, which means it’s a great time to add some new safety habits to your routine when you’re commuting by car. The League of American Bicyclists estimates that the number of bicycle commuters is rising in all fifty U.S. states, as people take to bicycles to get more exercise, enjoy the fresh air, and reduce their impact on the environment. Bicyclists in Oklahoma have the same right to use the roads as cars, as long as they obey traffic laws. This means that Oklahoma drivers have a responsibility to share the road safely with bikes as well as with cars. Experienced…
  • Identifying Whiplash Neck Sprain After a Car Accident

    Maples Law Firm
    11 May 2015 | 8:52 am
    About 30 percent of all car accidents in the United States each year are rear-end collisions, according to the National Highway Traffic Safety Administration (NHTSA). Although many of these accidents seem minor, rear-end crashes are well-known for being one of the top causes of whiplash, a condition that can cause serious and lingering medical complications.Whiplash can be difficult to diagnose and treat. Often, the symptoms may not appear for a day or two after the accident. Since there is no single medical test for whiplash, a diagnosis must often be reached by ruling out other possible…
  • Oklahoma Nursing Homes Face Allegation that They Forced Patients to Sign Away Rights

    Maples Law Firm
    4 May 2015 | 10:58 am
    If your loved one needs nursing home care in Oklahoma, you’re probably comparing facilities based on factors like location, quality of care, available medical providers, and cost. Experienced Oklahoma nursing home abuse and neglect lawyers recommend adding one more factor to your list: Choose a nursing home that does not require you or your loved one to sign away any legal rights. This factor makes the list after allegations have arisen that several nursing homes throughout the state have been requiring patients and their families to sign away their right to sue the nursing home for…
  • NTSB Considers Ways to Improve Tire Safety Information for Consumers

    Maples Law Firm
    20 Apr 2015 | 9:24 am
    When a motor vehicle is recalled for a hidden defect, vehicle owners can look up their vehicle by VIN on the National Highway Traffic Safety Administration (NHTSA) website. Auto manufacturers keep track of VIN ownership and strive to contact as many vehicle owners as possible about recalls. But no similar system exists for tires, and for that reason, thousands of vehicles are still on U.S. roads with defective tires, according to the National Transportation Safety Board (NTSB). In addition, thousands of vehicles may have old, worn, or cracked tires that don’t have a hidden manufacturing or…
  • Oklahoma Bill Would Strengthen Review of Nursing Home Deaths

    Maples Law Firm
    13 Apr 2015 | 9:01 am
    A new bill introduced in the Oklahoma legislature seeks to boost accountability for deaths or serious injuries that occur in the state’s nursing homes. House Bill 1110 calls for the creation of an 11-person review board. The board’s job would be to investigate cases in which an elderly or disabled nursing home resident died or was seriously injured to determine whether abuse or neglect was a factor. Supporters of the bill say that as many as 3,500 Oklahoma nursing home residents might be suffering the effects of abuse or neglect on any given date. They assert that Oklahoma’s low ranking…
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    » Blog

  • Depositions in Personal Injury Cases

    15 May 2015 | 8:37 am
    Many personal injury cases settle without going to court because there are numerous benefits associated with settlement, including potentially saving time, money and risk. However, if a case is going to trial, attorneys often have to depose a witness (take their sworn testimony by asking questions of the witness before trial). This is part of the pre-trial discovery (or gathering of facts) aspect of building a case and these answers may be admissible at trial. Pennsylvania Law Under state law, a deposition can be taken verbally or in writing. Any party may take the testimony of any person by…
  • Obesity a Significant Risk for Death in Car Crashes

    Jay Solnick
    14 May 2015 | 4:37 am
    According to a study from UC Berkeley’s Safe Transportation and Research Education Center (SafeTREC), obese drivers are up to 78 percent more likely to die in a car crash than normal-weight drivers. This means that, given the rising rate of obesity in the U.S., the ability of vehicles to protect overweight drivers will play an increasingly important role in the realm of public health. Specifically, researchers reviewed information on crash statistics managed by the National Highway Traffic Administration, looking at correlations to height and weight statistics. These statistics revealed…
  • What Is The Purpose of a Letter of Protection in Personal Injury?

    13 May 2015 | 8:37 am
    A letter of protection (LOP) is a document that allows an injured patient to receive treatment at a hospital or from a doctor without having to pay for it at that specific time. This typically allows the payment of medical bills to be deferred until a patient has fully recovered and is able to receive compensation from whomever was responsible for their injuries. Benefits This arrangement can be helpful, as insurance companies typically pay for bills in one lump sum once you are recovered as opposed to each treatment individually, and using your personal health insurance to cover injuries…
  • Can I Take Medical Leave After My Car Accident?

    Jay Solnick
    11 May 2015 | 4:35 am
    The Federal Medical Leave Act (FMLA) provides you with certain rights with respect to taking leave from work to recuperate from a serious health condition or to assist a family member recuperate from their own health condition (and to ensure that your job waiting for you when you come back). Pennsylvania employers, in particular, must comply with the federal law if they have at least 50 employees for at least 20 weeks in the current or previous year. What is a Serious Health Condition? Under FMLA, a serious health condition is defined as an illness, injury, impairment, or physical or mental…
  • Car Accidents Leading Cause of Spinal Injuries

    Jay Solnick
    7 May 2015 | 6:10 am
    According to the National Highway Traffic Safety Administration, there were 32,719 fatalities in motor vehicle crashes in 2013 alone, and motor vehicle and motorcycle accidents are the leading cause of spinal injuries. Most of these injuries begin with a disruption to your vertebrae, potentially tearing into tissue and damaging nerve parts that carry communication signals between your brain and other areas of the body. These spinal injuries are classified as “complete” or “incomplete”; complete meaning that your body cannot receive signals at all below the injury area (paralyzed), and…
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    Baron & Budd, P.C. | Protecting What's Right

  • Clinical Trial Results Show Mesothelioma Drug Could Extend Patients’ Lives, Baron & Budd Reports

    Baron &#38; Budd
    20 May 2015 | 8:50 am
    Tremelimumab May Help Body’s Immune System Destroy Mesothelioma Cells While Keeping Healthy Ones Unharmed DALLAS (May 20, 2015) – Results of a clinical trial conducted by a team of Italian researchers showed a new drug could extend the lives of patients suffering from malignant mesothelioma, the mesothelioma law firm of Baron & Budd reports. The results were published in the April issue of the medical journal The Lancet. The research team treated a group of mesothelioma patients with the immunotherapy drug tremelimumab, which is given intravenously. The drug is designed to help…
  • Texas Ranked as the Worst State for Nursing Home Care, Baron & Budd Reports

    Baron &#38; Budd
    19 May 2015 | 10:58 am
    State Once Again Singled Out for Failings DALLAS (May 19, 2015) – Once again, Texas has been ranked as the worst state in the U.S. in terms of nursing home care quality, the national law firm of Baron & Budd reports. On May 14, the Henry J. Kaiser Family Foundation released its findings on nursing home care. Texas had the highest percentage of nursing homes receiving only 1- or 2-star ratings in the nation. Only 12 percent of Texas nursing homes earned a 5-star rating (compared to a national average of 19 percent), while 28 percent of facilities received a 1-star rating (compared to a…
  • Video Recorders Recommended for Buses and Heavy Trucks by National Transportation Safety Board, Baron & Budd Reports

    Baron &#38; Budd
    15 May 2015 | 10:49 am
    Use of Technology to Monitor Drivers Could Help Identify Dangerous Driving Behavior DALLAS (May 15, 2015) – The National Transportation Safety Board (NTSB) recommends that operators of heavy truck and bus fleets use video technology to monitor drivers, the national law firm of Baron & Budd reports. The recommendation was issued on April 29, according to Transport Topics, a publication that covers the trucking industry. The publication reported that the NTSB issued a safety alert recommending video technology that can help not only reduce dangerous driving behavior, but can also help…
  • Tremelimumab Receives Orphan Drug Designation from FDA for Malignant Mesothelioma Treatment, Baron & Budd Reports

    Baron &#38; Budd
    13 May 2015 | 9:57 am
    Drug Attacks Malignant Cells While Leaving Nearby Healthy Cells Unharmed DALLAS (May 13, 2015) – The mesothelioma law firm of Baron & Budd reports the U.S. Food and Drug Administration (FDA) has granted orphan drug status to tremelimumab, a medication used to treat malignant mesothelioma. The drug’s manufacturer, AstraZeneca, announced the designation on April 15. The FDA grants orphan drug status to promote the development of new medications to treat diseases that typically affect less than 200,000 people in the United States. The designation provides tax incentives for research as…
  • Judge Rules for Plaintiffs in Overtime Wage Violation Case Against Native Oilfield Services, Baron & Budd Reports

    Baron &#38; Budd
    12 May 2015 | 9:23 am
    Federal Court Awards Nearly $4 Million in Unpaid Overtime Wage Damages to Group of Current and Former Oilfield Employees DALLAS (May 12, 2015) – The national law firm of Baron & Budd reports it has won a favorable ruling in a case involving plaintiffs who filed suit against Native Oilfield Services, LLC and the company’s president, Mr. John Barclay. On May 8, 2015, United States District Judge Jane J. Boyle ordered that Native Oilfield and Mr. Barclay owes the group of plaintiffs – which include current and former oilfield fracking operations truck drivers – more than $3.7 million…
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    Protecting What's Right

  • Memorial Day 2015: Remembering the Members of Our Armed Services Who Made This Country Possible and a Warning to Vets Everywhere

    Baron &#38; Budd
    24 May 2015 | 11:00 pm
    It’s that time of year when school gets out, summer BBQs begin and, most importantly, we’re able to celebrate the people who make our lives today possible, the people who sacrificed their lives and paid the ultimate price for our freedom.Without you, our veterans, there’s no telling where our country would be, what kind of freedoms and rights we would not have. From all of us at Baron and Budd, thank you for your honor and commitment, thank you for your sacrifice. The dangers inherent in active duty are nothing to balk at — the people we honor on Memorial Day showed…
  • Maria Shriver Tackles Domestic Abuse at the Genesis Women’s Shelter 30th Anniversary Luncheon

    Baron &#38; Budd
    22 May 2015 | 10:58 am
    Photo by Maria ShriverThirty years ago there was a woman in Texas who had to get out of a rough situation. Facing life-threatening domestic abuse, she had to get away, she had to find a new, a safe place to stay, just for a little while, while she got back on her feet. The problem was, there was no place for the woman to go. There was no temporary safe place, no place to help her rebuild her life, no place to even offer shelter, at the very least, while she escaped harrowing domestic abuse. “The closest place for you to go is in Jacksonville, Florida” — the woman in Texas was…
  • There’s A New Big Pharma Proposal in Town… And It Could Undermine Your Health Big Time

    Baron &#38; Budd
    20 May 2015 | 9:12 am
    We try to strike a delicate balance on this blog: Informing patients about all of the need-to-know information to help keep themselves and their families protected from some of the most dangerous pharmaceutical drugs and medical devices out there today and Not Freaking Readers Out — because there are a whole lot of dangerous drugs and medical devices out there that are still being sold to unsuspecting patients. From fluoroquinolone antibiotics to Zofran, and from transvaginal mesh to Depakote. And while we have no intention of unnecessarily worrying readers, now is the time where we just…
  • Fast Facts About Zofran, an Anti-Nausea Medication That May Cause Birth Defects

    Baron &#38; Budd
    19 May 2015 | 11:50 am
    Zofran is a popular medication many women take to relieve their morning sickness and severe pregnancy-related nausea. Unfortunately, it may come with unfortunate side effects of its own, a risk that was never clearly explained to women before taking the medication (or perhaps even sufficiently studied by the drug manufacturer and marketer themselves, GlaxoSmithKline). Taking Zofran while pregnant may cause cleft lip, cleft palate or heart defects including atrial septal defect (ASD) and ventricular septal defect (VSD). The problem comes down to a really simple set of facts. Fact #1:…
  • The Quinolone Vigilance Foundation Asked the FDA to Close the Generic Drug Loophole and We’re Standing Behind Them — Here’s Why

    Baron &#38; Budd
    18 May 2015 | 9:59 am
    Rachel Brummert of the Quinolone Vigilance Foundation recently testified before the FDA at the “Supplemental Applications Proposing Labeling Changes for Approved Drugs and Biological Products” hearing in White Oak, Maryland. Up for discussion was the generic drug loophole, a loophole that we try to warn people about as much as possible. When people hear about the loophole — a loophole that means generic drug users may not have the same legal rights as brand drug users — they are shocked; they think it can’t be true, no way, no how, they start asking why, start asking…
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    Hardwick & Pendergast - Seattle Personal Injury and Car Accident Attorneys

  • Wrong Way Driver Crashes Into Motorcyclist

    Hardwick &#38; Pendergast, P.S.
    19 May 2015 | 12:30 pm
    A 55-year-old man was seriously injured in a Seattle car accident when a wrong-way driver struck his motorcycle. According to a KOMO news report, the motorcycle crash occurred in the northbound lanes of Highway 99 near Safeco Field in Seattle during the early morning hours of May 15, 2015. Officials say the motorcyclist was traveling north when a southbound car struck him head-on. He suffered life-threatening injuries. The woman behind the wheel of the car was arrested by the authorities, but it is unclear what caused the crash or what charges she may face. Motorists are required by law to…
  • Bicyclist Critically Injured in Seattle Bus Crash

    Hardwick &#38; Pendergast, P.S.
    12 May 2015 | 12:51 pm
    A 26-year-old man was seriously injured in a Seattle car accident when a King County Metro transit bus struck his bicycle. According a Q13 Fox news report, officials believe the cyclist was riding along the side of the bus when he lost control and went under the bus. He suffered life-threatening injuries and has been listed in serious condition. The bus driver has not been charged yet and is cooperating with the investigation. Under Washington state law, bicyclists have the same rights and responsibilities as motorists. Therefore, it is crucial that drivers share the road while giving…
  • Car Crashes into North Seattle Restaurant

    Hardwick &#38; Pendergast, P.S.
    27 Apr 2015 | 3:28 pm
    One person was injured in a Seattle car accident when a car left the roadway and crashed through the front window of a restaurant. According to a KOMO news report, the car crash occurred at an Ethiopian restaurant at 13510 Aurora Avenue North in Seattle. Officials say the car belonged to the husband of an employee of the business. He was dropping his wife off when the car jumped the curb and went into the building. No customers were inside at the time of the accident, but one person suffered minor injuries. It is unclear what caused the crash or how it could have been prevented.Vehicles crash…
  • Drunk Driver Causes Fatal Seattle Crash

    Hardwick &#38; Pendergast, P.S.
    13 Apr 2015 | 3:45 pm
    A three-vehicle Seattle car accident recently resulted in one fatality, three injuries, and two arrests. According to a KIRO-TV news report, the fatal car crash occurred on southbound Interstate 5 near Boeing Access Road in Seattle. Officials say the 21-year-old driver from Centralia who caused the crash was under the influence. His 23-year-old female passenger was killed. Three others were injured in the crash as well. Drivers of both an SUV and a blue passenger vehicle were arrested on suspicion of vehicular homicide. Authorities suspect road rage and impairment contributed to the crash.
  • Pedestrian Struck by Drunk Driver in West Seattle

    Hardwick &#38; Pendergast, P.S.
    7 Apr 2015 | 8:03 am
    A 55-year-old man was seriously injured in a Seattle car accident that may have involved a drunk driver. According to a news report in The West Seattle Herald, the pedestrian accident occurred at S.W. 102 St. and 16 Ave S.W. in White Center. The authorities have not released information regarding the specifics of the crash. The pedestrian has been listed in critical condition at Harborview Medical Center. Officials have charged the 50-year-old female driver with DUI and vehicular assault. Drunk driving remains a serious problem in the state of Washington. According to the National Highway…
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    Farah and Farah Legal Blog

  • Understanding Florida’s Paternity Statutes

    Farah & Farah
    19 May 2015 | 10:58 am
    When a child is born out of wedlock, it can lead to complex paternity issues. Paternity statutes in Florida help mothers prove who the father of their children is and help fathers claim parental rights. When a father’s name is not on a birth certificate, it is important to establish paternity in a timely manner. Otherwise, the child will not have a legal father. In the state of Florida, a child does not have a legal father if the mother is not married at the time of birth. Legal paternity must be established for the child. In some cases, the father and mother can sign an acknowledgement of…
  • Gainesville Man Charged with Stalking

    Farah & Farah
    11 May 2015 | 12:29 pm
    A 32-year-old Gainesville man has been arrested on suspicion of stalking a woman who he dated three years ago. According to a news report in The Gainesville Sun, he was jailed after allegedly smashing a window at the home of an ex-girlfriend. Officials say he left flowers at the home of a woman he used to date and when she didn’t respond he began sending her texts and phone calls. He then allegedly visited the home again, tore a screen door from its hinges, returned again with a new screen door and then shattered the glass with his fist. The Alachua County court records say that the man…
  • Jacksonville Pediatric Dentist Accused of Child Abuse and Fraud

    Farah & Farah
    8 May 2015 | 2:18 pm
    A 78-year-old pediatric dentist currently under investigation by the state of Florida for alleged Medicaid fraud has been hit with a class action lawsuit claiming that he physically and psychologically abused his young patients. At least 60 victims have been identified, but over the course of his 40 years of practice, the number could’ve reached the thousands, according to the suit. During the past two weeks, hundreds of parents have come forward with horror stories about the doctor’s “deviant sadistic” practices, which included choking his patients until they pass out, strapping the…
  • Arrests in Jacksonville Night Club Drug Raid

    Farah & Farah
    5 May 2015 | 9:49 am
    More than 300 people were inside a Jacksonville nightclub when police conducted a drug raid and arrested 16 people. According to a news report in The Florida Times-Union, police raided Pure Nightclub at Philips Highway and Baymeadows Road during the early morning hours of April 30. During “Operation Poppin’ Molly,” officials seized Ecstasy, cocaine, heroin, and marijuana. Officials also have warrants for another 20 suspects who were not arrested during the raid. This drug bust was part of a lengthy undercover operation. During the investigation, undercover officers allegedly…
  • How Child Support is Calculated in Florida

    Farah & Farah
    27 Apr 2015 | 11:40 am
    Child support refers to court-ordered payments that are made primarily from a noncustodial parent to a custodial parent. Child support should cover necessities such as food and clothing, but it can also apply to a broad range of expenses, such as school fees, medical bills, extracurricular activities, and entertainment. How much support the court orders depends on a number of factors. Having a basic understanding of the fundamentals regarding child support payments in Florida can help you calculate how much support you may be able to receive.Child support payments in Florida can be made twice…
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    Pennsylvania Family Law Blog - The Law Offices of Sheryl R. Rentz

  • Tax Implications in High-End Divorce Cases

    Sheryl Rentz
    19 May 2015 | 9:34 am
    Division of property is not the only complicated consequence of a high-end divorce. There are many other factors in a high-end divorce that must be considered, not the least of which are the tax implications. If you are in the process of going through a high-end divorce in Pennsylvania, please make sure you understand its potential impact on your taxes. Your divorce will affect your taxes, but there is no hard-fast rule to help you predict how much your taxes will change. Child support payments are not taxed but receiving spouses are taxed on spousal support. Property transferred from one…
  • How Social Media Can Hurt or Help Your Divorce Case

    Sheryl Rentz
    5 May 2015 | 3:10 pm
    The growth of social media has had many unexpected consequences. If you are involved in a car accident, the insurance companies involved may scan your Facebook page to see if you recently admitted fault for the crash online. When applying for a job, you can expect your potential employer to review your Twitter feed and your LinkedIn connections. Similarly, what you post online can have a direct impact on your divorce proceedings. According to a recent study by the American Academy of Matrimonial Lawyers, over 80 percent of divorce attorneys say there has been a significant increase in…
  • Judge Deems Facebook an Acceptable Way to Serve Divorce Papers

    Sheryl Rentz
    20 Apr 2015 | 2:37 pm
    Serving divorce papers can prove challenging during a contentious separation. There are some cases in which a spouse deliberately people to avoid being served. In other situations, a spouse may be hard to reach, in between homes, or without a phone or place of employment. When someone is not available to be served papers, alternative methods may be needed. In one recent case, a woman has been granted the right by a judge to serve divorce papers on social media. According to a CNN news report, the Brooklyn woman had been trying to divorce her husband for several years but had been unable to…
  • Pursuit of Child Support Results in Unprecedented Arrear in Lackawanna County

    Sheryl Rentz
    6 Apr 2015 | 3:43 pm
    For six years, a Lackawanna County woman struggled to get the child support she was promised from her ex-spouse. As a result, Lackawanna County officials put the delinquent father on their “Most Wanted” list for outstanding child support. According to a news report in The Moscow Villager, officials were finally able to help her receive a check for $39,772.65, the largest collection of child support arrears in the history of Lackawanna County. Officials with the county threatened to force the sale of the delinquent father’s home in order to get the mother the money she needs. He…
  • Jeremy Renner Embroiled in Complicated Divorce Proceedings

    Sheryl Rentz
    30 Mar 2015 | 2:03 pm
    High profile divorce cases often become contentious when it becomes time to negotiate finances and child custody. Actor Jeremy Renner, perhaps best known as Hawkeye in “The Avengers,” is currently in a battle with his estranged wife. According to a People news article, a friend of Renner is claiming his estranged wife from Canada only married him for a green card. There are even rumors and allegations of negligent parenting. His wife of 11 months has denied the allegations and is pursuing full custody as well as child support from Renner. High-end divorces are different from…
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    About Florida Lawyers & Attorneys

  • Help Me! Harlan: Grandfather doesn’t want a lawyer grandson – Press

    Lawyer - Google News
    25 May 2015 | 10:12 pm
    Help Me! Harlan: Grandfather doesn't want a lawyer PressDear Conflicted Grandpa: I'm with your son on this one. The world might not need more lawyers, but the world could always use better lawyers. Your grandson is passionate, focused and driven. He wants to be a lawyer. He sounds like he is going after …
  • Fernandina Beach Florida Criminal Defense Lawyer

    Florida's Top Rated Attorney
    25 May 2015 | 8:58 pm
    The Best Fernandina Beach Florida Criminal Defense Lawyer in Florida can be found by visiting The Best Fernandina Beach Florida Criminal Defense Lawyer in Florida can be found by visiting Whenever you are searching for the Best legal office in Fernandina Beach, FL that will give you the most fantastic service then look no further than the Legal Firm of Fernandina Beach Florida. When you indubitably demand to win your case, the Fernandina Beach Florida Legal Offices are the ones to ring. You will feel safer knowing that you get the legal…
  • New Smyrna Beach Florida Criminal Defense Lawyer

    Florida's Top Rated Attorney
    25 May 2015 | 8:20 pm
    The Best New Smyrna Beach Florida Criminal Defense Lawyer in Florida can be found by visiting The Best New Smyrna Beach Florida Criminal Defense Lawyer in Florida can be found by visiting The lawyers at the New Smyrna Beach Florida Law Offices are only the most unbelievable quality law office that can be located in Florida. If you are in a sticky situation and need assistance, everybody agrees that these Legal Offices are the ones to have on your team. This law office wins cases and that is something that you can take to the bank! Both…
  • Cuba’s open for some American business — so here come the lawyers – Miami Herald

    Florida lawyer - Google News
    25 May 2015 | 5:42 pm
    Miami Herald Cuba's open for some American business — so here come the lawyersMiami HeraldQuinter, who left the government in 1994 and went into private practice, is leading a delegation of 37 lawyers on a Florida Bar Association trip to Cuba, where they'll meet with Cuban lawyers and academics and learn about the island's business and …U.S. law firms making inroads to CubaPhillyVoice.comall 13 news articles »
  • Panama City Beach Florida Criminal Defense Lawyer

    Florida's Top Rated Attorney
    25 May 2015 | 4:56 pm
    The Best Panama City Beach Florida Criminal Defense Lawyer in Florida can be found by visiting The Best Panama City Beach Florida Criminal Defense Lawyer in Florida can be found by visiting The Legal Offices of Panama City Beach Florida are by far the best legal offices because they get the reasonable results time and time again. Whenever you are in a sticky situation and want help, everyone agrees that these Law Offices are the ones to have on your side. From high-ranking profile cases to immediate motions, this team of attorneys have…
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    McDonald Law Firm

  • Connie Squiers Named Partner of McDonald Law Firm

    McDonald Law Firm
    21 May 2015 | 8:00 am
    McDonald Law Firm is pleased to announce that Connie Squiers has been made Partner of the firm. Connie attended Texas Tech University where she received both her B.A. and J.D. She currently oversees McDonald Law Firm’s rapidly growing Social Security Disability department. The post Connie Squiers Named Partner of McDonald Law Firm appeared first on McDonald Law Firm.
  • Trial Date Set for Louisiana Royalty Lawsuit Against Chesapeake

    McDonald Law Firm
    20 May 2015 | 11:12 am
    FORT WORTH, TX – The first Louisiana royalty lawsuit filed against Chesapeake Energy by the McDonald Law Firm has been set for trial next year in Houston. State District Judge Brent Gamble set the trial for April 4, 2016, paving the way for what is expected to be a hard-fought battle between Chesapeake Energy and Louisiana gas royalty owners who claim the energy giant cheated them out of royalties. The 25-page lawsuit ― which was filed in February on behalf of a DeSoto Parish property owner ― alleges breach of contract and fraud, among other things. The Fort Worth-based McDonald Law…
  • Social Security Disability Legal Assistant

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

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

  • Are robbery and burglary different?

    David Parry
    24 May 2015 | 6:07 pm
    Robbery and burglary are often confused with each other by those who have little familiarity with criminal law. From a legal viewpoint, there is a significant difference between the two terms. While both are considered property crimes involving the taking or attempted taking of personal property without the owner’s consent, they are differentiated by the […] The post Are robbery and burglary different? appeared first on Bauer Crider & Parry.
  • FL’s Unenforceable Teen-Sexting Law

    David Parry
    16 May 2015 | 7:36 pm
    “Sexting” occurs when someone shares nude or sexually explicit images with others through the use of cell phones, the internet, or any other device capable of transmitting data. When consenting adults sext, they usually don’t break the law. But teens in many states who sext face significant potential legal consequences. Because most teens are children, […] The post FL’s Unenforceable Teen-Sexting Law appeared first on Bauer Crider & Parry.
  • Do I Need a Lawyer If I Am Guilty?

    David Parry
    9 May 2015 | 5:56 pm
    If you have been charged with a criminal offense and you believe that you are guilty, you might be wondering how a criminal defense lawyer can help you. You believe you are guilty, and you plan on pleading guilty, so why should you waste your time and money on a lawyer? Regardless of your beliefs […] The post Do I Need a Lawyer If I Am Guilty? appeared first on Bauer Crider & Parry.
  • The Benefits of Board Certification

    1 May 2015 | 12:33 pm
    What do attorneys Robert O. Bauer, Jr., Ronnie G. Crider, David R. Parry, and Michael D. Kenny have in common? All are board certified criminal trial lawyers have been named by The Florida Bar. What is board certification? Board certification is the highest level of evaluation of the competency and experience of an attorney in […] The post The Benefits of Board Certification appeared first on Bauer Crider & Parry.
  • Can I Lawfully Curse at the Police?

    David Parry
    24 Apr 2015 | 3:05 pm
    The First Amendment of the U.S. Constitution protects, among other rights, the right to speech free from government punishment. But can you be arrested for mouthing off at, or in, the presence of a police officer? While ostensibly rude and a poor decision, the answer is generally no. As long as you don’t get incite […] The post Can I Lawfully Curse at the Police? appeared first on Bauer Crider & Parry.
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    PA Law Blogs

  • PA Car Accident Lawyer Settles $1.85 Million Wrongful Death Claim

    Anapol Schwartz
    19 May 2015 | 7:05 am
    Pennsylvania car accident lawyer Christopher Marzzacco recently achieved a $1.85 million wrongful death settlement on behalf of a Dauphin County man fatally injured in a Harrisburg auto accident. The decedent, 20-year-old Philip Ayler was driving northbound on Cameron Street on the afternoon of May 19, 2014 when a southbound commercial container truck hit an overpass, toppled over and pinned Ayler inside his vehicle. Ayler sustained traumatic brain injuries and was pronounced dead at Harrisburg Hospital The truck was owned by Central Pennsylvania-based Tiger Trash.  The driver, Joseph…
  • Anapol Schwartz Lawyers Named Pennsylvania Super Lawyers

    PA Law Blogs
    18 May 2015 | 8:17 am
    The Philadelphia personal injury lawyers at Anapol Schwartz were once again named in Pennsylvania Super Lawyers. The 2015 edition of the publication honors 16 of the firm’s attorneys who were named to the following lists: Rising Stars, Super Lawyers, Top 50 Women Lawyers in Pennsylvania, Top 100 Lawyers in Pennsylvania, and Top 100 Lawyers in Philadelphia. Anapol Schwartz 2015 Super Lawyers honorees include: Rising Stars • David J. Carney • Joseph J. Fantini • Melissa F. Hague • Michael C. Schafle • Shayna Slater Super Lawyers • Joel D. Feldman • Tracy A. Finken • Stephen J.
  • Anesthesia Error Medical Malpractice Lawsuits

    Anapol Schwartz
    12 May 2015 | 10:17 am
    Anesthesia is commonly administered to reduce and prevent pain during surgery.  Depending on the type of anesthesia given, patients may be sedated during the procedure, given general anesthesia, or they may remain awake while the surgical site is numbed. Failing to properly administer anesthesia can result in serious complications, even death. Factors that contribute to anesthesia errors include: Qualifications of the anesthesiologist Manner in which anesthesia was administered Possible interaction with other drugs in the patient’s system Whether a known allergy was overlooked Death,…
  • Major Players in the Vaccine Injury Compensation Program

    Anapol Schwartz
    11 May 2015 | 10:08 am
    The National Childhood Vaccine Injury Act of 1986 acknowledged the reality of vaccine injuries and created a no-fault Vaccine Injury Compensation Program (VICP) to provide compensation to people who experienced a rare vaccine injury. In addition to a cost-effective claim resolution process, the act also aimed to ensure a stable supply of vaccines and limit manufacturer liability. Claims filed with the VICP are settled in a federal vaccine court in Washington, D.C. The injured party who files the claim is known as the “Petitioner” and the government who defends the claims is known as the…
  • Anapol Schwartz Lawyer Raises Distracted Driving Awareness in Philadelphia

    PA Law Blogs
    27 Apr 2015 | 7:58 am
    Anapol Schwartz Shareholder and End Distracted Driving ( Founder Joel Feldman took his powerful message home to Philadelphia on Monday, April 27, where he spoke to hundreds of students at West Catholic Preparatory High School. The presentation was affiliated with the school’s chapter of Students Against Destructive Decisions (SADD), which shares a common goal with Joel: to stop more young people from falling victim to the current driving safety crisis in the U.S. “It was a great morning at West Catholic Prep, where I was able to speak with the entire high school of 315…
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    IMC Law Group

  • Bankruptcy Discharge Credit Report

    8 May 2015 | 9:03 am
    What does your credit report look like now that your bankruptcy has been discharged? by: Jonathan Goldsmith Cohen Be sure to visit our Google Plus Page. A discharge of bankruptcy, at the conclusion of your Chapter 7 or Chapter 13 case means that you are no longer responsible for the debts you included in your bankruptcy. As a result, your creditors are obligated to report debt forgiveness accurately to the credit reporting bureaus. Under federal law, once a borrower has erased debt in bankruptcy, banks are required to update your credit reports to indicate that the debt is no longer owed, and…
  • FICO Creates New Credit Metric for Risky Consumers

    1 Apr 2015 | 10:08 am
    Banks could grant cards, loans to people previously unable to get a credit score By ANNAMARIA ANDRIOTIS Millions of Americans unable to obtain credit cards, mortgages and auto loans from banks will receive a boost with the launch of a new credit score aimed at consumers regarded as too risky by lenders. The new metric, set to be announced as soon as this week, is being developed by Fair Isaac Corp., creator of the most widely used consumer-credit scores, and is being tested in a pilot phase with credit-card issuers. Fair Isaac said it hopes to make as many as 53 million people who don’t…
  • New Ways to Improve Your Credit

    1 Apr 2015 | 10:05 am
    New Ways to Improve Your Credit by: Jonathan Goldsmith Cohen Be sure to visit our Google Plus Page. Post-bankruptcy, the best way to improve your credit has always been making your car payment on time every month and making your mortgage payment on time. But what if you don’t have a car payment or home mortgage? How can you improve your credit score to obtain credit cards, qualify for a car loan, and when you are ready, get a home mortgage? And what if you are such a weak credit risk that you do not have a FICO score? Over 53 million Americans unable to obtain credit cards, mortgages…
  • Bankruptcy Myths

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

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

  • Sonn|Erez Investigating Claims Involving Former LPL Broker Charles Fackrell

    25 May 2015 | 6:53 am
    Sonn|Erez is investigating claims regarding Charles Caleb Fackrell (CRD #5369665, Boonville, North Carolina). Fackrell recently submitted an AWC in which he was barred from association with any FINRA member in any capacity. See FINRA Case #2014043705201. Fackrell was associated with LPL Financial, LLC, from June 2010 until his termination in December 2014. The Form U-5 filed by LPL with FINRA to terminate Fackrell's registration stated that "representative terminated based on (a) allegations of participation in unapproved private securities transactions and (b) felony arrest for obtaining…
  • Sonn|Erez Investigating Claims Involving Former Legend Equities Broker Jerry Chancy

    23 May 2015 | 6:35 am
    Sonn|Erez is investigating claims regarding Jerry Irvin Chancy (CRD #1787712, Savannah, Tennessee). Chancy recently submitted an AWC in which he was barred from association with any FINRA member in any capacity. See FINRA Case #2014043629801. Chancy formerly was associated with Legend Equities Corp. (November 2006-January 2015). FINRA found that Chancy refused to appear for FINRA-requested on-the-record testimony regarding an investigation into whether he had engaged in an unapproved outside business activity and/or engaged in an unapproved private securities transaction. In entering into the…
  • Sonn|Erez Investigating Claims Involving Former Oppenheimer Broker Perry Abbonizio

    21 May 2015 | 6:15 am
    Sonn|Erez is investigating claims regarding Perry Stephen Abbonizio (CRD #2787112, Worcester, Pennsylvania). Abbonizio recently submitted an AWC in which he was assessed a deferred fine of $10,000 and suspended from association with any FINRA member in any capacity for four months. See FINRA Case #2011028152201. The suspension is in effect from March 2, 2015, through July 1, 2015. Abbonizio was associated with Oppenheimer & Co. (April 2011-January 2015) and Wells Fargo Advisors, LLC (March 2008-April 2011). FINRA found that Abbonizio participated in private securities transactions by…
  • FINRA Arbitration Panel Finds UBS Must Buy Back Elderly Investor's Puerto Rico Bond Fund Portfolio for $1 Million

    20 May 2015 | 7:31 am
    A FINRA arbitration panel in San Juan found UBS Financial Services, Inc., and UBS Financial Services Inc. of Puerto Rico liable to an elderly investor, Juan Burgos Rosado, whose losses in closed-end funds sold by UBS had reached $737,000 four years after the 2011 opening of his account. The arbitration panel held that UBS must buy back the investor's Puerto Rico bond fund portfolio for $1 million in a unusual lengthy ruling which included several factual findings and criticisms of UBS, including: We find that, at the time Claimant first invested (2011), the market for these CEFs, being…
  • Sonn|Erez Investigating Claims Involving Patrick R. Harrison and Selling Away

    13 May 2015 | 7:32 am
    Sonn|Erez is investigating claims regarding Patrick Richard Harrison (CRD #4976695, Fircrest, Washington). Harrison recently submitted an AWC in which he was barred from association with any FINRA member in any capacity. See FINRA Case #2014041898801. Harrison was registered with Cuso Financial Services, LP, in Tacoma, Washington, from August 2013 until his termination in July 2014. The Form U5 filed by CUSO Financial Services to terminate Harrison's registration states that he was "discharged" because he "participated in unauthorized outside business activity involving investments without…
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    Wisconsin Family Lawyer Blog


    21 May 2015 | 9:52 am
    Last year, in the context of divorce, we blogged about enforcement of and challenges to the property division provisions of a marital property agreement, or prenup. Under Wisconsin law, courts must presume that these provisions are valid and enforceable unless the prenup is shown to be inequitable. Caselaw, beginning with Button v. Button, has interpreted the meaning of "inequitable" under these circumstances. But the analysis is different for prenup provisions regarding maintenance (alimony) at divorce. While property division provisions are governed by Wis. Stat. § 767.61, maintenance…
  • Estate Planning in Wisconsin Pending Divorce

    1 May 2014 | 8:33 am
    A friend of the family died recently at age 54. He and his wife had lived apart for several years; they were planning to divorce, perhaps had already started a divorce action. As with most divorces, a variety of problems plagued the marriage, but a big one was his wife's excessive spending. My friend had started to move on with his life. Like most people in those circumstances, his time and attention were focused on establishing housing, working out continuing financial obligations, dealing with his emotions, navigating co-parenting, building new relationships. Changing his estate planning…
  • Termination of Child Support in Wisconsin When a Child Reaches Adulthood

    17 Jan 2014 | 6:03 am
    In Wisconsin, parents have an obligation to support their child financially until the child is 18 years old. This support obligation can extend to age 19 if the child is in high school ("pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent"). Wis Stats. § 767.511(4). Termination of child support when the child "ages out," however, does not happen automatically. Sometimes the county Child Support Agency contacts the parents and then moves to terminate child support. But ultimately, the burden is on the parents to make sure child…

    15 Nov 2013 | 6:48 am
    Maybe you entered a marital property agreement (prenup) prior to your marriage, and now that you are contemplating divorce, you assume there is no point in discussing division of property because the prenup's provisions will control. Or maybe you are considering signing a prenup as an iron-clad guarantee that if you ever divorce, property will be divided as you wish. In either case, think again. Yes, in Wisconsin, prenup provisions concerning division of property are presumed to be valid and enforceable pursuant to the divorce statutes. Still, there are many possible grounds for challenging a…

    25 Mar 2013 | 10:14 am
    Late last year we blogged about our continuing efforts to uncover accurate income information for former spouses/partners despite their efforts to conceal their income or assets. The February 2013 Newsletter from Tracy Coenen and Sequence Forensic Accounting contains a timely discussion of this topic, titled Divorce Financial Analysis: Disappearing Income and Asset Values. Ms. Coenen provides an accounting perspective on approaches and techniques for developing an accurate financial picture despite a spouse/partner's lack of cooperation or active efforts to obstruct or hide assets or income.
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    Broward Injury Lawyer Blog

  • NHTSA: Florida Now More Dangerous For Cyclists

    24 May 2015 | 5:06 am
    Florida has become a more dangerous place for cyclists, according to the most recent data released by the National Highway Traffic Safety Administration. The latest Traffic Safety Fact Sheet, which reflects final numbers from 2013 indicate bicycle fatalities in Florida rose from 122 to 133 - an increase of 9 percent. Nationally, the number of bicycle fatalities has been on the rise as well. In 2010, there were 618 bicyclists killed in crashes. In 2011, there were 677 bicyclists killed. The following year, that figure climbed to 726. And then in 2013, it increased again to 743. That is a…
  • Bennett v. Highland Park Apartments - Landlord Liability for Crime-Related Injuries

    22 May 2015 | 11:52 am
    In any premises liability claim, success often hinges on whether the property owner or operator had actual or constructive knowledge of a dangerous condition. So in the case of a slippery floor, we have to determine whether a property or business owner knew the floor was wet or slippery. However, it gets a little more complicated in claims alleging liability due to inadequate security or negligent security following a third-party crime. After all, it almost never happens that the property or business owner had actual knowledge of a crime before it takes place.
  • McDermott v. State - Construction Site Accident Kills Passerby

    15 May 2015 | 9:37 am
    Most construction accident lawsuits stem from injuries sustained by on-site workers. However, if a construction, demolition or renovation site is not properly secured or if outsiders aren't given proper warning to keep a certain distance, the public in general may be put at risk of serious injury or even death. That's what is alleged to have occurred in the case of McDermott v. State, recently weighed by the Connecticut Supreme Court.
  • Siruta v. Siruta - Husband Sues Wife for Child Car Accident Death

    12 May 2015 | 8:45 am
    It is not highly unusual for passengers in a crash or their survivors to sue drivers following an accident, even when they are family members or close friends. The goal is not malice, but rather compensation for medical bills, lost wages and other costs, which are often paid by insurance companies rather than the individual directly. Also, in order to collect any uninsured/underinsured motorist coverage the passenger may have had, it's imperative to exhaust all other legal remedies for compensation, and so claims against a negligent driver are necessary. But the case of Siruta v. Siruta, in…
  • Florida Lawmakers to Approve $700k Claim for Bicycle Accident

    2 May 2015 | 4:16 am
    Lawmakers are expected to approve a $700,000 claims bill to compensate an engineering professor at Florida State University who suffered serious injury after he was struck by a garbage truck while riding a bicycle five years ago. It may seem an odd step in the civil litigation process, but the reason the case took this route is because in Florida, claims against the government are capped at $200,000 - no matter what the circumstances or expenses incurred. The legal doctrine of sovereign immunity prevents people from bringing claims against the government unless the government approves.
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    Dallas Divorce Law Blog

  • Presumption of MATERNITY in Texas?

    Michelle O&#039;Neil
    12 May 2015 | 6:00 am
    Texas Family Code 160.106 Presumption of Maternity Did you know that the presumptions of paternity apply also to presumptions of maternity? Little known Texas Family Code section 160.106 says that the provision of Chapter 160 relating to the determination of paternity apply to a determination of maternity. In looking at the provisions related to paternity, the presumption of parentage would apply to a child born during a marriage, to a parent who signs an acknowledgment of parentage, or to persons voluntarily named as a parent on a child’s birth certificate. What about in 160.202 (5)…
  • What divorce custody arrangement is best for the kids?

    Michelle O&#039;Neil
    6 May 2015 | 6:00 am
    The Texas Standard Possession Order In Texas, we have the Standard Possession Schedule, passed down to us by our Austin parenting experts, the Texas Legislature. It generally provides for the “non-primary” parent to have possession of the children alternating weekends, some summer time, and split the holidays. So, the child lives primarily with one parent and “visits” (yes, we still use that word in Texas divorces) with the other parent. Studies show this arrangement may not be the best thing for kids who are unwittingly subject to the parents’ divorce. A new…
  • Tribute to Judge James Martin, presiding Dallas family court judge

    Michelle O&#039;Neil
    30 Apr 2015 | 6:00 am
    Judge James Martin, 254th District Court and Presiding Judge of Dallas County Family Courts On Sunday, April 19, 2015, the Dallas Family Courts lost one of their own. Presiding Judge James Martin lost his battle with lymphoma, leaving behind a legacy of advocacy for children. Judge Martin was elected to the Dallas Family Court bench in 2010, almost immediately garnering the respect and admiration of attorneys and litigants alike. He was reelected in 2014. Despite his illness, Judge Martin remained active on the bench until about a month ago, when he took a turn for the worse. You can read the…
  • Historic day for marriage equality

    Michelle O&#039;Neil
    28 Apr 2015 | 8:16 am
    I believe that we will look back on today’s arguments before the US Supreme Court as one of the landmark historic days for civil rights in of our time. Today, the Court will hear arguments in the case named Obergefell v. Hodges — the combined six cases pending on various aspects of the marriage equality questions. Arguments will center around two primary questions.  One, whether it is unconstitutional for states to ban same-sex marriage, or stated another way, whether there is a constitutional right to marry by same-sex couples that overrides the states that wish to ban such…
  • Admission of text messages into evidence, predicate

    Michelle O&#039;Neil
    23 Apr 2015 | 5:50 am
    Divorce text message Text messages are becoming a more frequent piece of evidence in Texas divorce cases. Dallas family lawyers and those around the state must offer a predicate to authenticate a text message before it will be accepted into evidence. This means the document must be shown to be the actual (or copy) document and not be altered. It must also be shown to be an exception to the hearsay rule which prohibits out of court statements being offered in court as the truth. The Texas Court of Criminal Appeals today announced a ruling regarding the proper predicate for admission of text…
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    Massachusetts Drug Injury Lawyers Blog

  • Nearly 2,200 Lipitor Cases Filed Over Type 2 Diabetes Side Effects

    Altman &#38; Altman
    15 May 2015 | 4:25 pm
    The number of drug injury lawsuits against Pfizer Inc. over its Lipitor medication continues to rise. Court documents indicate that in U.S. District Court, District of South Carolina, where federal multidistrict litigation is taking place, at least 2,185 Lipitor cases are pending. In their Lipitor lawsuits, the plaintiffs contend that the drug company did not warn that the statin medication could up the risk of Type 2 A diabetes. It wasn’t until 2012 that the U.S. Food and Drug Administration said that all statin labels would have to be modified to include this information. Even then, claim…
  • State Superior Court Upholds $11M Topamax Injury Verdict Against Janssen Pharmaceuticals

    Altman &#38; Altman
    6 Apr 2015 | 6:27 pm
    According to a state superior court, the parents of a child who sustained serious birth defects because the mother took Topamax while she was pregnant is entitled to $11.6 million from Johnson & Johnson’s Janssen Pharmaceuticals. The ruling strike’s down Janssen’s appeal to an earlier jury verdict. The child’s mother, Haley Powell, started taking Topamax in 2005 after suffering from an epileptic seizure and losing consciousness. Two years later, doctors weaned her off the drug after finding out she was pregnant. Ultrasound results showed that the child had a cleft lip. Brayden was…
  • First Risperdal Injury Jury Trial Against Johnson & Johnson Results in $2.5M Verdict

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

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

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

  • Where Will You Be Driving This Memorial Day Weekend?

    21 May 2015 | 8:55 am
    After another harsh winter in New York, many of us are looking forward to getting away this Memorial Day weekend. Those of us who are driving may have acquired the vehicle from an estate. This post will address estate issues as they pertain to cars and other vehicles. As many of us know, cars in New York involve title, registration, and insurance. They may also involve a lease or a loan. We have written another post concerning how to manage debts of the deceased. The first step is that the Surrogate's Court of the County in which the deceased resided needs to appoint an executor (if there was…
  • "Time of the Essence" Closing Dates in New York State

    14 May 2015 | 9:22 am
    Parties to real estate transactions often ask us whether it is appropriate to include a time of the essence clause in their real estate contract. A time of the essence clause provides that if the parties do not close on the specified date, then the party who is not ready, willing and able to close will be in default of the contract. If the seller is in default, the remedy available to the buyer would be a lawsuit demanding specific performance, requiring the seller to transfer ownership of the property. If the buyer is in default, the seller's remedy would be to retain the downpayment. In…
  • Employment Issues as Related to New York State Religious Corporation Law

    8 May 2015 | 5:12 am
    Our firm is often retained to represent parties relating to their employment at religious institutions. Such employment refers to, among other persons, the clergy, whether it is a Rabbi or Cantor at a Synagogue, a Minister or Reverend at a Church, or an Imam at a Mosque. A dispute may arise between a clergyperson and the institution at which they officiate. Such disputes may be the result of the termination of said employment, the interpretation of an employment agreement, or the failure of the institution to make payments pursuant to a retirement agreement or pension. This blog post will…
  • Recent Developments in New York Religious Corporation Law

    30 Apr 2015 | 4:29 am
    News outlets have recently reported a case involving a dispute over the sale of a synagogue located on the Lower East Side of New York City. Certain individuals, claiming to be members of the Board of Trustees, have submitted a petition to the New York State Attorney General seeking approval for a sale in the amount of Thirteen Million Dollars. At issue is a dispute over whether the individuals who claim to be Board Members are, in fact, legally elected Board Members of the institution in question. Since the synagogue has been in existence for seventy-six years, there are many legal issues…
  • Will the HUD Form be Disappearing from our Closings?

    23 Apr 2015 | 8:27 am
    Our readers who have attended residential real estate closings are familiar with the HUD Settlement Statement (the "HUD"). This document is meant to clearly identify all of the financial figures in a residential real estate transaction. The HUD is a disclosure document required when a mortgage is obtained from an institutional lender (such as Chase, CitiMortgage or Wells Fargo). The borrower is provided with this form either immediately before or during the closing in order to identify the real estate tax adjustments with the seller, costs of making the loan (such as origination fee,…
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    Wisconsin Probate & Estate Planning Blog

  • Estate Planning – A Process, Not an Event

    Krause Donovan Estate Law Partners
    22 May 2015 | 9:23 am
    Estate Planning – A Process, Not an Event You have signed all of your estate planning documents and, if your plan includes trusts, completed their funding. You sit back, relax, and enjoy the peace of mind that comes with completing that task. But don’t bask in that feeling for too long—estate planning is an ongoing process, not a one-time event. Why Your Estate Plan Will Need to Evolve Your estate plan is designed in light of what is known at the time; a snapshot, if you will, of you, your family, your financial situation and the tax laws as they existed and were anticipated to…
  • Caution: Writing Your Own Deed to Avoid Probate Can Lead to Unintended Consequences

    Krause Donovan Estate Law Partners
    11 May 2015 | 9:04 am
    Caution: Writing Your Own Deed to Avoid Probate Can Lead to Unintended Consequences One common way to avoid probate of real estate after the owner dies is to hold the title to the property in joint names with rights of survivorship with children or other beneficiaries. This is accomplished by adding the names of the children and certain legal terms to a new deed for the property and then recording it in the applicable public land records. Many people believe that they do not need to pay an attorney to help them prepare and record the new deed. Instead, they think that a deed form can simply…
  • Take Control of Worry

    Krause Donovan Estate Law Partners
    4 May 2015 | 12:39 pm
    Take Control of Worry What worries you about your finance? Are you worried that you are making financial mistakes that will affect your future? Do you worry about losing your job, unexpected emergencies, running out of money, paying taxes or paying for college for your children? Financial stress can have a negative impact on your emotional well-being and your health. It can also do the same for other family members. Developing a comprehensive financial plan will alleviate your financial stress as well as improve the return on your investments, lower your tax obligation and provide a more…
  • Social Security Traps That Cost You Money

    Krause Donovan Estate Law Partners
    24 Apr 2015 | 12:28 pm
    Social Security Traps That Cost You Money Most people assume that Social Security will take care of them when they retire; however, some things that people do jeopardize the amount of their Social Security benefit because they do not fully understand all of the rules and regulations about Social Security. These Social Security traps can hurt you and your spouse’s financial well-being. Learning about Social Security traps and how to avoid those traps are the best way to ensure that you are fully prepared for your retirement. Three Social Security Traps to Avoid Social Security Trap Number 1:…
  • The Best Inheritance is Still Family Values and Family History

    Krause Donovan Estate Law Partners
    15 Apr 2015 | 12:38 pm
    The Best Inheritance is Still Family Values and Family History According to a 2012 study sponsored by Allianz Life Insurance Co. of North America, baby boomers and senior citizens considered family values and family history among the most important things that you can pass on to your children. Most of them viewed passing on family values, traditions and history as more important than the monetary inheritance you leave your children. The study entitled, “Allianz Life American Legacies Study” was published in 2012. The study was a follow-up to an original study the company conducted in…
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    San Diego Divorce Lawyer Blog

  • California Court Upholds Wife's Award of Attorney Fees to Litigate Nevada Action

    19 May 2015 | 9:57 am
    Section 2030 of the California Family Code clearly authorizes courts to issue an award of attorney fees to parties to divorce actions. When a party makes such a request under this statute, the court determines whether an award of such fees and costs is appropriate, whether the parties have disparate access to funds to retain counsel, and whether one of the spouses is able to pay for the legal representation of both. Courts have concluded that the purpose of the statute is to provide "parity" - a fair hearing with both sides equally represented. Interestingly enough, a party's financial…
  • California Court Upholds Valuation of Marital Property in Divorce

    12 May 2015 | 2:50 pm
    One of the most significant financial aspects of divorce is the court's ultimate division of community property. In California, courts will seek to divide equally the couple's marital assets and debts -- items that were accumulated during the marriage. In many cases, the "date of valuation" can play a huge part in the value of the assets that each spouse receives at the conclusion of the proceedings. There are multiple ways to accomplish this task, and the appropriate method and procedure will depend on the unique circumstances of any one case. If you are considering a divorce, it is…
  • Kelly Rutherford Petitions President Obama for Assistance in Child Custody Case

    5 May 2015 | 2:51 pm
    In what a federal court has described as an "unprecedented situation," Gossip Girl star Kelly Rutherford is seeking help from the White House in an effort to bring her children, now ages eight and five, back to the United States. In an earlier blog post, we reported on the difficulties Rutherford was experiencing when a California court ruled that her children could remain in Europe with their father - a German businessman. The ruling stemmed from an ongoing custody battle between the parents and culminated in a ruling allowing the kids to stay with their father, who allegedly lost his visa…
  • California Court Reviews Wife's Requests for Support and Costs After Five-Year Marriage

    28 Apr 2015 | 4:14 pm
    No matter how long a marriage lasts, when one spouse files for divorce, both parties are encouraged to consult with a family law attorney to protect their rights. There may be many significant issues to consider and address, such as the identification of community property, any entitlement to spousal support, and the potential award of fees and costs, to name a few. Under the state family code, "all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property." As far as the division of property is…
  • Court Allows Wife to Serve Divorce Summons Via Facebook

    21 Apr 2015 | 10:28 am
    Laws governing marriage and divorce vary somewhat from state to state. Most aspects of a divorce proceeding are regulated by the local state's family code, including procedural and substantive matters. In California, like most states, parties are required to follow applicable provisions from the inception of a case to the final appeal. For example, from the outset, the person who initiates a divorce proceeding must adhere to the state's rules on how to properly serve notice of the complaint on the other party. It is important to keep in mind that these rules are local in nature and may be…
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    Maritime & Cruise Ship Accident Lawyer Blog

  • Three People Injured on a Cruise, Yet Nobody Knows Why

    Gerson &#38; Schwartz, P.A.
    1 May 2015 | 6:00 am
    When there is an injury—and especially multiple injuries—from almost any cause, the media and investigators are often all over the story. The public is provided with so much information, so quickly, that some of it is often incorrect in the early stages. But when it comes to reporting on tragic cruise ship injuries and deaths, it’s amazing how little is actually disclosed, and even more amazing how little anybody says about the dearth of information that is provided by cruise lines. Mysterious Injuries on a Cruise Recently, on board a Holland America cruise ship, three passenger…
  • Just When You Thought Onboard Cruise Safety Couldn’t Get Worse…

    Gerson &#38; Schwartz, P.A.
    16 Apr 2015 | 6:00 am
    Just when it seems that the cruise industry really can’t ignore common sense safety precautions any more than they have already, new information comes out guaranteed to surprise anybody with a modicum of common sense. This time it has to do with national news reports revealing the lack of safety precautions used by cruise ships at their onboard pools. Report reveals Lack of Lifeguards An NBC News Today Show report recently revealed that many cruise lines have no lifeguards at or around their onboard pools, despite more than 1.5 children million cruising every year (although lifeguards are a…
  • Transport On and Off a Cruise Ship Can Be Dangerous

    Gerson &#38; Schwartz, P.A.
    10 Apr 2015 | 7:33 am
    If you have ever been on a cruise, and the ship visited ports of call, you may have noticed that in many cases, the countries you visited did not have easy transport from the ship to land. In fact, in many cases, there may not have been any access at all, but rather you may have had to board smaller ships to take you to the mainland from the ship and back again. This is quite common. Unfortunately, a recent tragedy is highlighting what a cruise line’s duty is with respect to these transports. Accident Happens While Getting Off Ship While aboard a 112-night world cruise, a passenger died…
  • Rash of Man Overboard Cases Hits Cruise Industry

    Gerson &#38; Schwartz, P.A.
    1 Apr 2015 | 6:00 am
    A strange rash of cruise passengers falling overboard has struck the cruise industry lately. And while no lawsuit have been filed, the stories still highlight safety issues in the cruise industry, and problems that need to be addressed. Laundry List of Overboard Cases A Carnival Triumph passenger’s body was found at sea after he fell off the deck of the ship. The incident happened just off the coast of Mexico. There was surveillance video, but no word yet on why the man fell or how. In an unrelated incident, an elderly man took his own life, after jumping overboard. That conclusion was…
  • Is Terrorism the New Threat to Cruise Passengers?

    Gerson &#38; Schwartz, P.A.
    27 Feb 2015 | 7:21 am
    If you are cruising, and you think of safety issues, you probably think about the medical facilities on board, the cleanliness of the ship, and supervision of on-board activities. You may not give much thought to terrorism. One country is warning cruise passengers to be diligent about it in the coming months. Italy Warns of Possible Threats The Italian Ministry of Defense has warned that ISIS may engage in piracy of cruise ships on the seas, much like the Somali pirates that were highlighted in the recent “Captain Phillips” movie, which was based on true events. It’s well known Somali…
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    The EmpLAWyerologist

  • How Do You Reconcile FMLA, ADA and Collective Bargaining Requirements??

    21 May 2015 | 4:00 am
    Last week on The EmpLAWyerologist, we got a glimpse of when a Collective Bargaining Agreement may “trump” the FMLA’s provisions as to amount of leave time, eligibility, certification and similar issues. Click here if you missed it or would like to review. Those issues primarily centered around the rights of the employee taking leave. But sometimes conflicts between the FMLA and the CBA either impact other employees or other legal obligations an employer may have. What happens then? This week we’ll get a glimpse — after the jump, of course! When might the FMLA and…
  • FMLA and Union Contracts May Be More Than We Bargained For

    14 May 2015 | 4:00 am
    If you’ve been following us at The EmpLAWyerologist these last few weeks, you’ve gotten a taste of just how complicated FMLA issues can get. What happens when an employee needs a leave of absence and s/he is a union member? The possibilities are endless! Let’s look at some of them — after the jump… Since they’ve been kind enough to let us learn from their experiences, let’s visit again with the folks at Splendiferous Supermarket. It seems Mike the Meat Packer (“Mike”) just had open heart surgery and will need up to six weeks to recover.
  • Intermittent FMLA — and More Recurring Issues

    7 May 2015 | 4:00 am
    Last week we met Carl the Cashier, at Splendiferous Supermarket, who has been taking intermittent FMLA so that he can received needed care, following his diagnosis of and surgery for cancer. (Click here for review.)  Unfortunately, Carl is not having an easy time of it. Betty the Boss, Sally Supervisor and  Harry the Human Resources Director are, thankfully trying to make sure they do right  by Carl, and are willing to let the rest of us learn from their questions as well. Let’s take advantage of that opportunity– after the jump… Q: Pardon me, but you said last week that…
  • Extra! Extra! Supreme Court Says EEOC’s Settlement Efforts Are Subject to Court Review

    30 Apr 2015 | 9:10 am
    We interrupt our regularly scheduled program with some breaking news. Yesterday, the US Supreme Court issued a ruling in Mach Mining v. EEOC. I previously wrote about that case here.  That case started as a discrimination charge on behalf of a woman who Mach Mining declined to hire. The issue before the US Supreme Court, however was about whether the EEOC’s duty to resolve charges through informal means were subject to court review. Technically, the US Supreme Court’s answer is “yes”. Join The EmpLAWyerologist after the jump to see what this decision really means for…
  • Is Intermittent FMLA Giving You a Chronic Headache?

    30 Apr 2015 | 4:00 am
    I know last week I said we’d talk about temporary employees and FMLA–but I remembered afterward that I already blogged about that here.  So let’s face down that intimidating monster   challenge known as intermittent FMLA. In order to do that, we are going to return once more  to Splendiferous Supermarket Inc and Betty the Boss to see how they might handle an intermittent FMLA situation–after the jump, of course… Now, you may remember from last week that Crafty Caroline was taking intermittent FMLA (click here for review), but we really couldn’t get to…
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    The Federal Criminal Appeals Blog

  • Short Wins - the Barry Bonds Opinion Edition

    29 Apr 2015 | 12:38 pm
    The big news in this batch of opinions is not the conspiracy to import lobsters case, but, rather the Barry Bonds appeal. Mr. Bonds was prosecuted for evading a prosecutor's questions while testifying in a grand jury. And, now, thanks to an en banc panel of the Ninth Circuit, his conviction was reversed because giving a nonresponsive answer is not a crime. Though just about any teenager could tell you that. To the victories: 1. United States v. Bengis, Second Circuit: Appellants were convicted of conspiracy to import lobsters from South African waters in violation of both South African and…
  • Short Wins - the More on Restitution Edition

    24 Apr 2015 | 7:10 am
    It's a catch-up blast of short wins today following my Spring Break. My favorite of the bunch, continuing on our recent restitution cases, is United States v. Foley. There, the district court ordered restitution that was outside the offense of conviction. The First Circuit reversed. Go First Circuit! To the victories! 1. United States v. Molina-Gomez, First Circuit: The district court erred by denying Appellant's motion to suppress statements he made to United States Customs and Border Protection officers. The questioning occurred in a small, windowless room and Appellant was not given…
  • Maybe Not the Best Defense, or, Why a Gratuity is Not a Bribe, or Honest Services Fraud

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

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

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

  • Appeals Court Clarifies Premises Liability Law in Massachusetts in Plaintiffs' Favor

    15 May 2015 | 2:21 pm
    On May 15, 2015, the Massachusetts Appeals Court announced a decision clarifying an important aspect of premises liability law in the Commonwealth and serves as a victory for plaintiffs in cases involving falls at commercial establishments. In 2007, the Commonwealth's highest court adopted the "mode of operation" approach to premises liability cases, making it easier for plaintiffs to prove a storeowner's negligence. See Sheehan v. Roche Bros. Supermarkets, Inc., 448 Mass. 780 (2007). In Sheehan, the plaintiff was injured after slipping and falling on grape that fell from a self-service…
  • Massachusetts Ride-Share Liability: P. I. Claims Can Be Uberly Complicated

    5 May 2015 | 8:20 am
    SUGARMAN presents its first installment of "Massachusetts Ride-Share Liability," a blog series navigating the liability implications posed by ride-share companies when involved in an accident causing personal injuries. In early 2014, questions surrounding liability and insurance coverage of ride-share companies first emerged when an UberX driver struck an entire family crossing the street and killed a 6-year-old girl in San Francisco. While liability of ride-share companies may, at first glance, appear to be rather straightforward, unfortunately, it's not that simple. So, what happens when an…
  • Bankruptcy and Your Personal Injury Case

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

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

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

  • Miami Resident Arrested in $100 million Venezuelan Money Laundering Scheme

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

    Michael B. Cohen, P.A.
    15 Apr 2015 | 12:54 pm
    Modern technology in its union with computers and the Internet is responsible for many changes in existing laws, both federal and local. A prime example of this is the crime of wire fraud which was previously defined as criminalities which were committed crossing state lines, mostly associated by telephone, telegraph, radio, and television. But in our current day environment, many types of crimes have been expanded to include new devices associated with computers as well as cell phones which didn’t exist when these laws were first placed on the books. In addition to laws being…
  • Broward County Resident Accepts 70 Month Prison Sentence for Identity Theft

    Michael B. Cohen, P.A.
    30 Mar 2015 | 10:02 am
    With less than a week to go, many are looking forward to opening of the 2015 baseball season. And only ten days after that event begins the deadline for filing your tax return reaches its deadline. Spring always brings about the beginning of one and cutoff date of the other season. And just as the first pitch is being thrown in all major baseball stadiums across the country, cases of tax fraud and identity theft will be highlighted in the headlines. Many of us use tax preparers to fill out and submit our returns with a belief that these professionals are doing so to our benefit, more…
  • Florida Connection to Silk Road Case, Bitcoin, Money Laundering and More

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

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

  • Film fraud, tax avoidance, footballers, and retrospective legislation

    David Rosen
    15 May 2015 | 3:55 am
    D Rosen 1. Tax relief to investors in the British film industry: Some years ago, the Treasury opted to attract investors into the British film industry by offering tax relief to offset losses by investors against other tax liabilities. Such tax schemes also attracted a number of opportunists to exploit such tax advantages by appearing to make a film/s which were entirely bogus and never existed. Before considering a film fraud in its rawest form, let us consider the tax avoidance scheme. There is a very thin line between tax avoidance and tax evasion. The former appears to be legal, (ignoring…
  • Sham Marriages

    David Rosen
    28 Apr 2015 | 3:43 am
    D Rosen What is a sham marriage? A sham marriage, or a paper marriage, or a marriage of convenience, is when two people give the impression they want to live permanently together in a marriage or civil partnership, when this is not true. They are not in a real relationship. The apparent relationship can be for a number of reasons including to by-pass immigration procedures, or more ominously for slave trafficking. Those who misrepresent the true position are committing fraud. It is a criminal offence. What about those who help or assist? It is therefore crucial that those who are asked to…
  • Going home empty-handed – The pitfalls of departing from LLP’s without an LLP Agreement

    30 Mar 2015 | 12:55 pm
    It is a surprising legal lacuna that current legislation provides little guidance for a Limited Liability Partnership (“LLP”) member or partner wishing to leave their LLP when no LLP agreement is in place. While a range of options still exist for this situation, many of them depend on the co-operation of the remaining LLP member(s), which in life is not always feasible. The position under the Limited Liability Partnership Act 2000 (“LLPA 2000”) The LLPA 2000 provides little guidance for LLP members’ who wish to depart their LLP without an LLP agreement, beyond section 4(3)…
  • Top tips for tackling the tough divorce process

    25 Mar 2015 | 9:21 am
    Whilst it is hoped that married couples may divorce amicably, in practice, it can be far from a friendly split. In my experience, being a divorce lawyer is not simply knowing the law; it’s also knowing and understanding clients and the emotional turbulence that invariably interferes with the divorce process. I frequently remind my clients that in the midst of the legal paperwork, Court attendances and lingering arguments with exes via WhatsApp or Facebook, it is imperative to remind oneself that there will be a conclusion to the process.   Often the stress and anxiety when going through a…
  • Supreme Court restores an application for financial provision against multi-millionaire ex-husband

    12 Mar 2015 | 10:58 am
    The Supreme Court has reinstated a financial claim made by the ex-wife of a multi-millionaire energy business owner, 22 years after their divorce. Background Ms Wyatt married Mr Vince in 1981.   Ms Wyatt had a daughter from a previous relationship and the couple had one son together. The couple separated in 1984 but did not divorce until 1992.   Following their divorce, Mr Vince did not have sufficient means to make any substantial financial contribution towards the family. Nevertheless, Mr Vince did go on to establish a green energy business which proved to be very successful and Mr…
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    Tampa Criminal Lawyer Blog

  • Man Charged With Trespassing For Breaking Car Window To Save Dog

    Mayberry Law Firm
    15 May 2015 | 6:47 am
    Want some terrible advice? Don’t break a car window to save a poor puppy about to overheat if you’re anywhere in the State of Georgia. Michael Hammons of Athens, Georgia, a desert storm veteran, is finding this out the hard way after breaking the window of a car he found with an overheating dog inside. According to several news reports, Hammons was walking through a parking lot when he noticed a Ford Mustang with a small Pomeranian mix inside. With no windows open and no air conditioning running, the dog was distressed and likely about to die according to a number of onlookers.  After…
  • Suge Knight Hit and Run Video Released

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

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

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

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

  • Amtrak Train Derails in Philadelphia, Tragically Killing 6

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

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

    21 Dec 2014 | 3:26 pm
    Anyone who has worked with asbestos in construction or mixed drilling mud and has been regularly exposed to asbestos have constant concerns about mesothelioma and other asbestos-related health problems. It is now known that prolonged inhalation of asbestos fibers can cause serious and fatal illnesses, such as mesothelioma and asbestosis. Mesothelioma is a rare form of cancer that develops from cells of the mesothelium, the protective lining that covers many of the internal organs of the body. Mesothelioma is commonly caused by exposure to asbestos. Another common asbestos-related problem is…

    17 Dec 2014 | 3:47 pm
    A woman, speaking under the pseudonym Diane, has two young and intelligent children. Diane had her kids before she was starting taking Depakote (also branded as Valporate) under a prescription in 1996. She received the prescription in order to treat a bipolar condition and her migraines. In 1999, Diane discovered she was six weeks pregnant. She immediately stopped taking the drug, even though her psychiatrist at the time urged her to keep taking the anti-seizure medication. Subsequently, two more professionals have insisted that she stay on the medication. "My son was born perfectly healthy…

    12 Dec 2014 | 4:11 pm
    Yasmin is still prescribed and used as a contraception to prevent pregnancy. The generic name is drospirenone and ethinyl estradiol. Other names for the product are Yaz and Ocella. However, Yasmin has caused many known side effects in women, such as blood clots, stroke, or heart attack. For instance, in Charlotte, NC, Janice had only been taking Yasmin for a few months, when she said, "One day in January my heart started pounding - it felt like someone was repeatedly punching me in the chest. I tried to lie down but that didn't help so my sister came over to watch my children and I drove…
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  • Los Angeles County Jail Ends Controversial 287(g) Agreement

    15 May 2015 | 3:41 pm
    Pursuant to the U.S. Constitution, the federal government is responsible for passing immigration law and promulgating immigration regulations. However, the federal government is empowered to work with the state and local governments in order to implement and carry out immigration policy. One of the most prominent (and controversial) joint federal and state government undertakings that involves the execution of immigration law is the 287(g) agreement. The 287(g) agreement, so called because it is explained in that section of the Immigration and Nationality Act, empowers state and local police…
  • Republican Congressmen Are Going After Birthright Citizenship - Again

    12 May 2015 | 8:35 am
    The Fourteenth Amendment to the U.S. Constitution guarantees U.S. citizenship for any person who is born in the United States and subject to the federal government's jurisdiction. Conferring citizenship upon birth - called birthright citizenship - has recently come under attack by immigration opponents who allege that undocumented foreign nationals take advantage of the birthright citizenship clause. The faulty reasoning is that foreign nationals will give birth to children in the U.S. and then will eventually qualify for immigration benefits through sponsorship from their U.S. citizen…
  • Famous Immigration Port Ellis Island to Update its Museum Chronicling the History of U.S. Immigration

    28 Apr 2015 | 6:52 pm
    Located in the Upper New York Bay, Ellis Island served as the immigration gateway for an estimated 12 million foreign nationals from 1892 to 1954. Once the immigration center closed in 1954, Ellis Island became a popular tourist attraction for Americans who wish to visit the island and trace their heritage to their families' beginnings in the United States. To facilitate tourists' ability to look up their ancestry, Ellis Island maintains copious records and the Ellis Island National Immigration Museum. Next month, the museum will open two new galleries, the contents of which will pick up the…
  • Looking Toward 2016: Current Candidates' Stance on Immigration

    27 Apr 2015 | 6:32 am
    Although the 2016 presidential election is still more than a year away, hopeful candidates have already begun to throw their hats into the ring. Since the need for comprehensive immigration reform remains one of the most important national issues, voters should be kept up to date on the candidates' stances on immigration-related topics. Democratic Candidates Currently, the only Democrat candidate running for president is Hillary Clinton. Mrs. Clinton roundly supports the President's executive action policies and recently voiced her strongest support for states' policies to allow undocumented…
  • More Immigration-Related Litigation - Federal Court Allows Undocumented Foreign National Children to Sue For Legal Representation

    15 Apr 2015 | 11:20 am
    Recently, immigration-related litigation has been covered extensively by the media due to a Texas federal court issuing an injunction to temporarily halt the implementation of President Obama's executive orders. The White House has appealed the Texas Judge's ruling, but this case is far from over, and immigration rights advocates are eagerly awaiting the good news that a higher court has overturned the injunction. Thankfully, advocates and foreign nationals alike did not have to wait long for related good news when recently a U.S. District Court in Seattle, Washington made a critical decision…
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    Palo Alto Estate Planning Blog

  • Announcing My E-Book!

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

    Liza Hanks
    30 Apr 2015 | 5:47 pm
    If the answer to that question is, “N0!” you are in good company. A recent survey by of 1,000 adults found that less than half of the adults surveyed (45.8%) knew where their parents’ documents were. When asked if they even knew whether or not their parents had an estate plan in place, only about half (55.4%) said that they did. When asked if they knew the contents of their parents’ estate plans, only 42% said that they knew what was in those plans. And the survey wasn’t polling college-aged kids (who I would forgive for not being clear on these…
  • Finding Lost Life Insurance

    Liza Hanks
    8 Apr 2015 | 5:43 pm
    Consumer Reports estimates that at least $1 billion in benefits from forgotten life insurance policies are waiting to be claimed. Often, when I meet with adult children administering a trust after the death of a parent, they’re not certain about whether not that parent had life insurance policies. And many veterans of WWII, the Korean War, and the Vietnam War left behind policies that they purchased while on active duty through the Veterans Administration. I realize that I’m stating the obvious here, but you can’t make a claim on policies that you don’t know exist.
  • If You Are Named as Executor, Pay Attention

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

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

  • FL Tax Litigation Alert - McLane Takes on Division To Take Down Tobacco Taxes

    5 May 2015 | 12:38 pm
    Over the past few years, we have been intricately involved in ongoing litigation with the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco ("ABT"). There still remains ongoing litigation in connection with the Micjo issue. Micjo dealt with whether non-tobacco charges, such as federal excise tax and shipping charges, are subject to Florida Other Tobacco Products Tax and the Surcharge on Other Tobacco Products ("OTP Tax"). Down another path there is current litigation in Brandy's, which deals with cigar wraps, or blunt wraps, which are subject to…
  • Florida Seeks to Amend Wholesale Tobacco Tax Law

    27 Apr 2015 | 4:41 pm
    Over the past few years, taxpayers throughout Florida have been in a never ending battle with the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco ("ABT"). At the forefront is the Micjo issue. Micjo was a case that determined that Florida wholesale tobacco tax should not apply to the full invoice. Rather, the 85% should only apply to the tobacco while charges and items such as federal excise tax and shipping should not be included in the taxable base. There are 8 pending cases throughout Florida being litigated on this issue. In addition, there…
  • What's the True Object of the Transaction? Portable Toilets Case Finds Its Way to LA Supreme Court

    31 Mar 2015 | 3:18 pm
    It never ceases to amaze me, the wide variety of companies that state agencies attempt to extort money from. I mean, how could a portable toilet company possibly have a sales tax problem? Most states impose a sales tax on the sale or rental of tangible personal property, but do not tax services. From the perspective of a toilet industry, if a venue rents a toilet, it is clearly a rental of tangible personal property subject to tax. If the same venue pays a fee to clean the toilets, then it sounds like a nontaxable service. But what happens when the venue rents the toilet and purchases the…

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

    3 Mar 2015 | 4:46 pm
    Direct Marketing Association has continued its fight for consumer privacy with Colorado. In September, 2014, I wrote about how DMA has taken its challenge up to the Supreme Court of the United States. DMA filed its opening DMA Brief.pdfin the Supreme Court of the United States on September 9, 2014 and argued that the case should be allowed to be heard in federal court. A summary can be found DMA Summary.pdf. The Supreme Court heard the case in its recent term and announced its opinion on March 3, 2015. From a state and local tax perspective, the case has broad and interesting constitutional…
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    New Jersey CPA Tax Lawyer Blog

  • Making Sure You Meet the Deadline for Filing Your Amended Federal Income Tax Return

    Samuel C Berger, PC
    22 May 2015 | 9:27 am
    Recently, U.S. taxpayers witnessed the passing of another “Tax Day.” While almost everyone knows that April 15 is the deadline for filing your previous year’s federal individual income tax return, some taxpayers may find that they need to submit filings regarding tax years prior to 2014. For those taxpayers who discover the need to file an amended return for a previous year, it is extremely important to be mindful of the deadline for filing those documents, especially if the amendment will generate a refund for you. The Internal Revenue Service requires taxpayers to file…
  • Making the Switch from an S Corporation to an LLC

    Samuel C Berger, PC
    24 Apr 2015 | 3:02 am
    Operating your business as a limited liability company may provide you with many advantages. If you currently have your business structured as an S corporation and are considering converting to an LLC to take advantage of the benefits that business entity offers, you should weigh your situation carefully. While LLCs offer noteworthy benefits, the conversion process from an S corporation to an LLC contains many potential pitfalls, including the realization of gain under Section 336 of the Tax Code. The legal aspects of converting from an S corporation to an LLC are not overwhelmingly…
  • Planning to Convert Your C Corporation to an LLC

    Samuel C Berger, PC
    27 Mar 2015 | 5:26 am
    If you’ve decided that the best way to advance the goals of your business is to convert your C corporation to an LLC, you should proceed with great care. Converting a C corporation to an LLC has the potential to cause severe negative tax ramifications for your business. In certain situations, though, making the move from C corporation to LLC can be beneficial, but you should engage in careful planning to carry out the conversion process, since the tax code contains many rules that may guide you in deciding when to make your conversion. There are many reasons you might choose to convert…
  • The Tax Implications of Converting Your New Jersey Partnership or LLC to a Corporation

    Samuel C Berger, PC
    27 Feb 2015 | 2:40 am
    The reasons why a business owner might choose to convert his or her partnership or LLC into a corporation are numerous. Corporations offer many potential advantages. Regardless of the business reasons that motivate you, it is very important to understand the tax consequences of converting your business. Rev. Rul. 84-111 lays out three ways to take an entity that is taxable as a partnership and convert it to a corporation. One method is what’s called “assets over.” Using this technique, the partnership transfers its assets to the corporation. In exchange, the partnership…
  • Tax Court Upholds Rejection of Engineer’s Medical, Charitable Deductions

    Samuel C Berger, PC
    23 Jan 2015 | 4:29 am
    An engineer’s efforts to deduct several items as medical expenses or charitable contributions proved unsuccessful for a variety of reasons. The US Tax Court ruled that the taxpayer’s bicycle was not a medical expense because she could not prove that it was essential to the treatment of a medical condition, and the taxpayer could not maintain her charitable contributions because she lacked the appropriate contemporaneous records in support of them. Melanie Thomas-Kozak was an engineer for a division of Sunoco who racked up a large number of deductions on 2008 and 2009 federal…
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    Securities & Going Public Lawyers

  • Securities Law & Going Public Attorneys

    Brenda Hamilton, Securities and Going Public Lawyer
    1 Jan 2101 | 6:23 am
    Going Public Lawyer  Going public is a big step for any company.  The process of “going public” is complex and at times precarious.  While going public offers many benefits it also comes with risks and quantities of regulations with which issuers must become familiar.   Despite the risks even in a down economy, the U.S. market remains one of the most attractive sources... Read MoreGoing Public Lawyer
  • SEC Inquiries and Investigations

    Brenda Hamilton, Securities and Going Public Lawyer
    24 May 2015 | 9:00 pm
    Going Public LawyerThe SEC’s Enforcement Division conducts investigations pursuant to formal Orders of Investigation that authorize the staff of the Enforcement Division to seek the production of relevant information, either in the form of documents or witness testimony.  Although the SEC does not have prosecutoral powers, it often refers cases to the U.S. Attorney’s Office for criminal investigation. At times, the SEC and... Read MoreGoing Public Lawyer
  • Will My Regulation A Offering Be Integrated?

    Brenda Hamilton, Securities and Going Public Lawyer
    20 May 2015 | 11:45 am
    Going Public LawyerThe Regulation A offering integration rules prevent companies from improperly avoiding registration by dividing a single securities offering into multiple securities offerings to take advantage of Securities Act exemptions that would not be available for the combined offering. Recently amended Regulation A also known as Regulation A+ contains integration safe harbor provisions. Under Rule 251(c), a Regulation A+ offerings will not... Read MoreGoing Public Lawyer
  • Can Regulation A+ Be Used For a Shelf Offering?

    Brenda Hamilton, Securities and Going Public Lawyer
    19 May 2015 | 10:38 am
    Going Public LawyerAmended Regulation A or Regulation A+ allows issuers to conduct continuous or delayed offerings under pursuant to Rule 251(d)(3). Continuous or delayed offerings are also known as shelf offerings. Shelf offerings are often used in going public transactions to register shares held by selling stockholders.  This helps the issuer to satisfy FINRA’s shareholder requirements for a ticker symbol assignment. Rule 251(d)(3) allows... Read MoreGoing Public Lawyer
  • Receiver Appointed in North Dakota Developments Ponzi Scheme

    Brenda Hamilton, Securities and Going Public Lawyer
    19 May 2015 | 5:23 am
    Going Public LawyerWe’ve so far written twice about North Dakota Developments (“NDD”), a real estate Ponzi scheme operated by Daniel J. Hogan and Robert L. Gavin.  In the course of the scam, Gavin and Hogan, who are United Kingdom citizens, relieved investors of more than $62 million.  The pair persuaded their victims, many of them elderly and vulnerable, to purchase interests in... Read MoreGoing Public Lawyer
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    Employment News

  • 2014 EEOC Summary and Increased Rates of Retaliation

    24 May 2015 | 3:18 pm
    The Equal Employment Opportunity Commission (EEOC) recently published its data and summary of legal action taken during the 2014 legal year, including details regarding the nearly 88,000 charges of workplace discrimination. According to the reports, the percentage of charges alleging retaliation has reached their highest amount in history at 42.8 percent. Read more about 2014 EEOC Summary and Increased Rates of Retaliation
  • Flowers Class Action Featured in Maine Business Journal, Lewiston Sun Journal

    13 Apr 2015 | 10:00 pm
    Following a March 24th ruling by the U.S. District Court for the Western District of North Carolina to certify a class of employees of Flowers Foods, Inc., allowing for the lawsuit to proceed as a class action litigation, the company announced their intent to appeal the decision in an article with Mainebiz, Maine’s business news source.Read more about Flowers Class Action Featured in Maine Business Journal, Lewiston Sun Journal
  • Flowers Foods Distributors Win Class Certification

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

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

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

  • When The Police Stop You: the Law and Your Need for a Zealous Defense Lawyer

    Michael Lowe
    6 May 2015 | 11:14 am
    The death of Freddie Gray while in the custody of the Baltimore Police Department continues to be big news here in Dallas and the rest of the country: this week, the six police officers who were arrested in connection with what the medical examiner ruled a homicide of Freddie Gray are quickly beginning their defense. Probable Cause and Freddie Gray The latest: the Baltimore police officers have moved the court to see the knife that Freddie Gray had in his possession at the time of the incident.   Mugshots taken by Baltimore Police Department of the six officers arrested in connection…
  • Can You Trust the Police? Police Excessive Force and the Dallas D.A. List of Names

    Michael Lowe
    29 Apr 2015 | 10:51 am
    Much of the news this week revolves around aspects of the rioting in Baltimore, Maryland, which began on the afternoon of Freddie Gray’s funeral, a man who died while in police custody and whom many believe was another victim of police excessive force. The death of Freddie Gray comes not so long after the Ferguson riots which were in protest of the shooting death of Michael Brown by a local police officer. Disturbing stories, right? Many people across the country and here in the Dallas area are wondering about what happened to Freddie Gray. Lots of people are concerned, worried, even afraid…
  • FBI Scandal: Forensic FBI Experts Give False and Flawed DNA Evidence To Get Convictions

    Michael Lowe
    22 Apr 2015 | 10:55 am
    This is very bad and it’s going to get worse. Yesterday, the Federal Bureau of Investigation and the U.S. Department of Justice finally came forward and admitted that the FBI forensic evidence provided in countless criminal trials over the past two decades has in almost every single case been flawed and unreliable if not downright false and untrue. Read the  April 2015 FBI Press Release here. Read the April 2015 Joint Statement by the FBI and the Justice Department here. FBI Forensic Evidence Scandal The FBI experts took the stand time and time again, and almost 100% of the time, spun…
  • Police Cameras: Things to Know Before Filming Texas Police in Action

    Michael Lowe
    15 Apr 2015 | 11:34 am
    The power of the people to film or photograph police doing bad things — and then sharing those videos or photographs online in social media like Twitter or YouTube — is undeniable. From the use of smartphones, just last week we saw the police officer shooting a man in the back over in South Carolina. The South Carolina officer is now under arrest for murder. Brave Thing to Film Cops Gone Bad It’s a brave thing for people to do — and those who are capturing the police using excessive force risk arrest or worse if they are seen using their phones to record what’s happening.   See our…
  • Police in Dallas – Fort Worth Get Papers Graded: Low Crime Clearance Rates for North Texas

    Michael Lowe
    8 Apr 2015 | 9:44 am
    Today, the video of a South Carolina police officer shooting a man running away from a traffic stop has gone viral, and the officer has been arrested for murder. If you haven’t seen the footage, you can watch it on YouTube (it’s pretty graphic).  For more videos of excessive force by law enforcement around the country, check out my Google Plus page where I have shared several more of these excessive force police videos. Sad to say, they seem to pop up online with great regularity. Which, for everyone here in the Dallas – Fort Worth area, brings the concern about our own local…
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    South Florida Personal Injury Lawyers Blog

  • Florida Appeals Court States Causation Standard Fixed at Time of Workplace Accident

    Friedman, Rodman &#38; Frank, P.A.
    22 May 2015 | 12:17 pm
    In Broadspire v. Jones, a paper mill employee suffered orthopedic and psychological injuries after he was hurt in a 1981 workplace explosion. After receiving medical care for many years, the man eventually asked to collect attendant care payments for his recently retired wife. The man’s employer denied his request, based on its assertion that the man’s continuing need for treatment was not work-related. Additionally, the employer claimed the services provided by the man’s wife were gratuitous and not compensable. Following a hearing on the matter, a Judge of Compensation Claims…
  • Florida Supreme Court Rules a Timely Objection to a Jury’s Inconsistent Verdict Must be Made in a Products Liability Case or the Issue is Waived

    Friedman, Rodman &#38; Frank, P.A.
    19 May 2015 | 12:16 pm
    The Florida Supreme Court has held that a party to a products liability action must make a timely objection to an inconsistent jury verdict before jurors are discharged or the issue is waived. In Coba v. Tricam Industries, Inc., a Florida man was killed after he fell 13 feet from an apparently faulty ladder. After the fatal accident, the personal representative of the man’s estate sued the ladder manufacturer and distributor for both negligence and strict liability in a Florida court. During trial, the plaintiff offered testimony from two of the deceased man’s relatives who witnessed his…
  • Florida Court Holds Insurer Has No Duty to Defend Rental Car Lessee’s Permitee Following Car Accident

    Friedman, Rodman &#38; Frank, P.A.
    15 May 2015 | 7:53 am
    In Allstate Fire and Casualty Ins. Co. v. Paolino, an automobile insurance company issued a liability policy to a couple beginning in July 2011 and terminating on December 25, 2011. The policy listed four motor vehicles and provided bodily injury coverage up to $250,000 for each person and $500,000 per occurrence. The accident policy also stated the insurer would defend the named insureds in the event of a collision in a covered motor vehicle. The accident policy specifically excluded coverage for any bodily injury or property damage that arose out of the use of a substitute vehicle that was…
  • Southern District of Florida Grants Summary Judgment in Lawsuit Based on Cruise Ship Excursion Injury

    Friedman, Rodman &#38; Frank, P.A.
    12 May 2015 | 7:52 am
    In Wolf v. Celebrity Cruises, Inc., a man apparently suffered an injury while participating in a shore excursion during a cruise to Costa Rica. The man’s wife purchased the cruise ticket from a travel agent before the couple’s departure. Prior to boarding the cruise ship, the man signed a contract acknowledging that any companies offering shore excursions to him while aboard the vessel were independent contractors. The contract also stated the passenger agreed to participate in any on-shore activities at his own risk. After departing from the cruise terminal, the man purchased a zip-line…
  • Appeals Court Overturns Erroneous Decision in Florida Workers’ Compensation Back Injury Case

    Friedman, Rodman &#38; Frank, P.A.
    8 May 2015 | 1:01 pm
    In Babahmetovic v. Scan Design Florida Inc., a Florida man apparently hurt his back when he lifted a heavy box at work in October 2013. Following his injury, the man’s employer authorized an urgent care facility to provide him with treatment. The facility determined the employee’s back harm was work-related and referred him to another physician for follow-up care. In November 2013, the worker’s treating physician determined the employee suffered from both a workplace injury and a pre-existing degenerative disk condition. Although he indicated the worker’s harm was work-related on a…
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    Massachusetts Social Security Disability Lawyers Blog

  • ALS and Social Security Disability Benefits

    23 May 2015 | 8:16 pm
    May is national ALS awareness month, so it seems appropriate to discuss the serious disease and how it works in terms of a Social Security Disability Insurance (SSDI) benefits claim. According to a recent article from NTV News, ALS, formally known as Amyotrophic Lateral Sclerosis, and informally referred to as Lou Gehrig's Disease, after the famous baseball player who was stricken with ALS, is included on Social Security Administration's (SSA) Compassionate Allowances List.
  • Senator Rand Paul Asks for Help on Social Security Disability Budget Issue

    19 May 2015 | 8:11 pm
    With GOP presidential candidates trying to get ahead in the polls and eventually attain the party's nomination, many are trying to shape themselves as fiscal hawks, to use the term favored by many cable news pundits. One of the main ways to seem like a fiscal hawk is to speak out about how Congress needs to get rid of "entitlements" in this country. Unfortunately, the Social Security Disability Insurance (SSDI) program falls into the category of entitlements, as defined by those who want to get rid of the system.
  • Online Social Security Disability Insurance (SSDI) Appeals

    16 May 2015 | 12:37 am
    In our computer age, we can do more and more things online and with our smartphones. Whether it is paying for Red Sox tickets and using our phone to scan in at the stadium, or making dinner reservations, the Internet and mobile technology are making our lives more convenient in many ways.
  • Why is the Social Security Disability Program Under Attack?

    14 May 2015 | 12:34 am
    As we get closer to the upcoming presidential election, it is likely we will continue to hear more about the upcoming budget crisis facing the Social Security Disability Fund. The problem is quite simple. The Social Security Administration (SSA) operates two main programs and manages two funds for the respective program. There is the Social Security retirement fund, which was designed to provide funds for Americans who are too old to continue working, or those who wish to finally retire, and there is the Social Security disability program designed for those who cannot work due to a…
  • Suggestions From People Living With a Disability

    10 May 2015 | 12:30 am
    In terms of the number of people living with a disability who are receiving Social Security disability benefits, there are over 9 million Americans who fit into this category. However, there are far more disabled Americans who are in the process of applying for Social Security Disability Insurance (SSDI) benefits, Supplemental Security Income (SSI) benefits, or who are fortunate enough to have family support or a private disability insurance policy. In addition to the financial issues persons with disabilities face, there are also many other difficulties and discomfort often made worse by…
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    Austin Immigration Lawyer Blog

  • U.S. Immigration Agencies Report Significant Drop in Incidents Involving Border Crossings Made by Unaccompanied Immigrant Minors

    Lyttle Law Firm, PLLC
    25 May 2015 | 8:26 am
    Each year, the U.S. government has had to deal with a slew of immigration issues. There are a variety of concerns that U.S. government immigration agencies and undocumented immigrants are concerned with, one of them being incidents of border crossings. More often than not, immigrants who attempt to cross over into U.S. territory come from Central American countries. Immigrants who hail from Guatemala, El Salvador, and Honduras account for a huge chunk of cases that are related to border crossings. A considerable amount of these cases involve minors who are often unaccompanied by their…
  • Conservatives Oppose Amendment that Allows Immigrants to Serve in the U.S. Military

    Lyttle Law Firm, PLLC
    21 May 2015 | 8:13 am
    There are a number of immigration reform proposals throughout President Obama’s administrative run that have drawn the ire of several conservatives. A sense of controversy always seems to follow immigration reform that is tailored to benefit undocumented immigrants. One of the biggest boons for undocumented immigrants is Obama’s Deferred Action for Childhood Arrivals. The Deferred Action for Childhood Arrivals program has allowed specific immigrant cases to receive employment authorization provided that they meet every criterion of eligibility. Undocumented immigrants who have been…
  • Ruling by Arizona Judge Qualifies Immigrants to Pay In-State Tuition

    Lyttle Law Firm, PLLC
    18 May 2015 | 8:48 am
    While opinion continues to be split when it comes to the controversial topic of immigration reform, there are a number of welcoming developments that prove to be encouraging for undocumented immigrants. One of the positive developments that impacts immigrants involves a recent ruling that has been made in favor of the individuals who are covered by the DREAM act. The Development, Relief, and Education for alien minors act is a legislative proposal that grants conditional residency status to undocumented immigrants who entered the United States before they reached the age of 16. Undocumented…
  • Backlog in Immigration Cases Poses Consequences for Immigrants

    Lyttle Law Firm, PLLC
    14 May 2015 | 8:24 am
    The field of immigration law is rife with numerous complications. The need for extensive immigration reform is clear given the scope of the challenges that undocumented immigrants face. One of the areas where immigration reform is needed can be found in the cases that pile up in U.S. immigration court. For immigrants who are trying to legalize their status as U.S. residents, the massive backlog of cases that the U.S. legal system is struggling with is a clear deterrent to their aspirations.  The backlog of cases has reached problematic proportions. Worst case scenarios have immigrants with…
  • Immigrant Deportation Rates Continue to Dwindle Under Obama’s Administration

    Lyttle Law Firm, PLLC
    11 May 2015 | 8:43 am
    Over recent years, there has been a lot of debate surrounding the subject of immigration reform. President Obama’s administration was the focus of much heated controversy because several of its proposals for immigration reform did not sit well with other government officials. The conservative sector, in particular, has adopted a hard line stance when it comes to the implementation of extensive immigration reform. Should Obama’s proposals become law, the move would save millions of undocumented immigrants from the threat of deportation. A federal judge from Texas has prevented the…
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    Health Care Law Blog

  • False Claims Act Compliance: 16 Hospitals to Pay $15.69 Million to Resolve Allegations of Medically Unnecessary Psychotherapy Services

    Kevin S. Little
    21 May 2015 | 10:58 am
    By: Lee H. Little Health Care providers evaluating billing compliance for psychotherapy services should take caution from a recent multi-million dollar settlement under the federal False Claims Act involving allegedly unnecessary intensive outpatient psychotherapy (IOP) services. Georgia Healthcare Law Firm According to the Department of Justice’s (DOJ) press release, the government’s allegations were that billing by these providers was improper because the patient conditions did not qualify for IOP; patient treatments were not provided pursuant to an individualized treatment plan…
  • Medicare Fraud Indictment of Ophthalmologist

    Kevin S. Little
    18 May 2015 | 12:46 pm
    As Medicare fraud schemes continue to bilk federal taxpayers of billions of dollars, federal law enforcement continues to push diligently to identify and prosecute Medicare fraud. Because of the importance to federal law enforcement of ferreting out healthcare fraud schemes, it is critical for all healthcare providers and healthcare businesses to follow the law to the letter and keep their business practices in the center of the court. Georgia Healthcare Fraud Defense Law Firm A key focus for the government is whether tests and procedures are actually medically necessary and properly…
  • FMLA Litigation: A Rising Tide Large Healthcare Employers Face

    Kevin S. Little
    28 Apr 2015 | 9:43 am
    Hospital systems and other large healthcare providers face increasing risks associated with noncompliance with the Family and Medical Leave Act (FMLA), as FMLA litigation is on the rise. According to Law360, FMLA litigation tripled in one year (from 2012 to 2013). Our Georgia business and healthcare law firm has litigated FMLA and numerous other employment law cases in federal court. Because following the regulatory scheme of the FMLA can involve difficult details (e.g., tracking intermittent leave taken in small increments), many employers can violate the Act inadvertently. Retaliation…
  • Cell Phones and Medical Malpractice

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

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

  • Several Bills Taking Effect in California in 2015 Affect Consumers' Privacy Rights, Business' Obligations

    15 May 2015 | 11:21 am
    Several California privacy laws that took effect at the beginning of 2015 may affect a wide range of businesses in the state. One new law expands the duties a business owes to consumers affected by data breaches, including provision of identity theft protection services. Another new law gives minors a limited "right to be forgotten" online. Additional laws apply to breaches of medical information, the use of student records, and the use of student information gathered by school officials. Assembly Bill 1710, signed by the governor on September 30, 2014, took effect on January 1, 2015. The law…
  • Shareholders Claim Misrepresentations in Connection with Company's IPO after Stock Price Collapses

    30 Apr 2015 | 2:46 pm
    After a "mobile marketing and advertising" company announced that it was writing off more than $100 million in receivables, a group of persons who purchased the company's stock filed a putative class action against the company, its accounting firm, and the firms that underwrote its initial public offering (IPO) and a subsequent offering. The plaintiffs claimed that the defendants made material misrepresentations about the company's financial condition in violation of the Securities Act of 1933 and the Securities Exchange Act of 1934 (the "Exchange Act.") The court granted the defendants'…
  • Ninth Circuit Holds that Businesses Providing Services via the Internet Are Not "Public Accommodations" Subject to the ADA

    15 Apr 2015 | 2:17 pm
    All business owners should familiarize themselves with Title III of the Americans with Disabilities Act (ADA) of 1990, 42 U.S.C. § 12181 et seq., which imposes a range of requirements on private businesses that operate as "public accommodations" as part of its prohibition on discrimination against people with disabilities. This might include, to provide just one example, a requirement that a business provide a ramp allowing wheelchair access to its facility. The question of whether Title III applies to businesses that do not maintain a physical location open to the public is not a new one,…
  • California Judge Dismisses Lawsuit Alleging Fraud Against Multi-Level Marketing Company

    31 Mar 2015 | 9:52 am
    A federal judge recently dismissed a putative class action lawsuit claiming that a multi-level marketing (MLM) company was, in reality, operating an illegal pyramid scheme. Awad, et al v. Herbalife Ltd., et al, No. 2:14-cv-02850, memorandum (C.D. Cal., Mar. 16, 2015). The plaintiffs alleged that the company misrepresented its activities in order to increase its stock price, in violation of § 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5. 15 U.S.C. § 78j(b), 17 C.F.R. § 240.10b-5. They sought to certify a class of shareholders who purchased common stock during a…
  • Class Action Lawsuit Against California Company Uber Alleges Fraudulent Fees

    16 Mar 2015 | 9:57 am
    Uber, the San Francisco-based company that matches users of its mobile application with a network of drivers, is no stranger to controversy and legal troubles. In California, it is currently facing a lawsuit from taxi companies alleging anti-competitive practices, an effort by the state's Public Utilities Commission to shut down a new carpooling service, and a lawsuit by the San Francisco District Attorney over allegedly fraudulent surcharges. It has faced employment law claims from its own drivers, whom it claims are independent contractors, not employees. A new lawsuit, filed in an Oakland…
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  • How A Woman Beat Her NY Red Light Camera Ticket

    Matthew Weiss
    20 May 2015 | 6:39 am
    Beating a red light camera ticket is like winning the lottery.  Generally, unless you can prove an expected  mechanical failure, genuine and urgent emergency, stolen car or some other extraordinary defense, you’re pretty much sunk.  A video of you committing the offense pretty much is all that is needed to prove the case against you.  Or is it? Ask Debbie Eisenstadt.  I have never met or spoken with Debbie but, like 1,000s of New Yorkers, she received a red light camera ticket. Allegedly her car was traveling eastbound at the intersection of Manetto Hill and Plainview Roads on…
  • Can A Driver Tape A Smart Phone To A Steering Wheel?

    Matthew Weiss
    29 Apr 2015 | 6:45 am
    A truck driver in Nebraska created a whole new level of stupid.  He taped his smart phone to his steering wheel.  During a routine weigh-in stop, a state trooper spotted the 21-year-old commercial vehicle driver wearing headphones.  When the officer climbed into his commercial rig, he spotted the “unique” hands-free device and observed that the driver was in the process of web-streaming a soccer game!  The motorist was issued a traffic summons and paid a $200+ fine. Believe or not, in New York, technically this Bozo’s actions were not illegal unless the driver…
  • Texting While Driving Traffic Tickets On The Rise

    Matthew Weiss
    14 Apr 2015 | 5:15 am
    Governor Andrew M. Cuomo announced yesterday that tickets issued to motorists for texting while driving increased 35% statewide from 2013 to 2014, as police continue to crack down on distracted drivers. Improving safety on the roads is a priority for Governor Cuomo, who has spearheaded several initiatives targeted at reducing distracted driving, including raising the number of points on such tickets, raising the fines and creating “texting zones” on state highways.  “This reckless behavior endangers everyone on the road and has resulted in far too much needless tragedy,”…
  • New York Driver’s License Suspension For Committing Just One Violation?!

    Matthew Weiss
    2 Apr 2015 | 6:45 am
    Did you know that you can be suspended for just one violation of New York’s Vehicle And Traffic Law (“VTL”)?  That’s right, a traffic judge can suspend you for just one speeding ticket or other traffic offense.  While on their face, most moving violation statutes in New York do not mention punishment by suspension (rather most just speak of punishable by a fine and sometimes imprisonment), the VTL has another section which authorizes discretionary suspensions for just one violation.  This other statute is vague and broad, and can generally be invoked by a…
  • How New York Traffic Tickets Affect A Taxi & Limousine (TLC) License

    Matthew Weiss
    25 Mar 2015 | 6:49 am
    The rules are surrounding how to calculate points from New York traffic tickets are complicated. However, for those with Taxi & Limousine Licenses, a whole different set of rules exist making the calculations even more difficult.  With that said, as you will read below, some of the rules of the Taxi & Limousine Commission (“TLC”) are more favorable to the driver than those imposed by the Department of Motor Vehicles (“DMV”) on a regular license. Pursuant to TLC Rules §54-27, a TLC license will be suspended for 30 days if, within a 15-month period, a driver…
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    Spencers Solicitors Blog

  • Junior Football Fundraising for Chesterfield Macmillan Cancer Centre

    Spencers Solicitors
    22 May 2015 | 8:08 am
    Junior footballers from the Derbyshire area enthusiastically turned out to train at the Proact Stadium on Saturday the 16th May as part of a fundraising launch to help MacMillan Cancer Support raise funds for their Chesterfield based Cancer Centre. The Chesterfield Royal Macmillan Cancer Centre campaign needs to raise £2.5 million towards the brand new, state-of-the art, purpose built building which will provide access to treatment, care, support and advice for many people in our community. Donate today and help Macmillan support people living with cancer and their families.
  • John Spencer scoops Outstanding Achievement gong at Modern Claims Awards

    Spencers Solicitors
    12 May 2015 | 6:27 am
    John Spencer, Chairman of personal injury law firm Spencers Solicitors, has been awarded the prestigious Outstanding Achievement Award at the 2015 Modern Claims Awards. The awards, run for the first time this year, attracted more than 400 professionals from the insurance, legal and claims management sectors. The programme has been established in association with Modern Claims magazine to celebrate talent and success across the industry and was held at The Royal Armouries in Leeds. A diverse range of judges, reflecting every aspect of the claims industry, selected this year's winners.
  • Compensation Culture: Don't tar all drivers with the same brush

    Spencers Solicitors
    28 Apr 2015 | 6:58 am
    According to AXA Chief Executive Paul Evans, when drivers are involved in a collision their immediate thought isn't "I want to keep costs my down and fix the car" but "how can I profit from this?" Then late last year Aviva also announced that they had experienced a significant rise in 'crash for cash' insurance fraud. However this isn't just limited to road users; if you believe what you read, Britain is suffering from an acute case of 'compensation culture'. Politicians, journalists, even High Court judges have all waxed lyrical about this blight on our society. I believe this could not be…
  • Brain injury rehabilitation - the fight for consistency of care

    Spencers Solicitors
    27 Mar 2015 | 6:15 am
    Any brain injury, even cases involving relatively minor brain damage, can have a profound and lasting effect on the life of the brain injured survivor and their family. In addition, due to the range and complexity of brain injuries, rehabilitation following an injury can vary greatly from patient to patient. Therefore, in this blog I wanted to share some of the scenarios I've encountered when helping those who have suffered a brain injury, and how a focus on getting the right support early can have a profound impact. Importance of early Rehabilitation The Royal College of Physicians defines…
  • Just a bad hair day

    Spencers Solicitors
    26 Feb 2015 | 7:50 am
    The unregulated industry - would you know what to do if you were harmed through hair treatment? The UK hairdressing industry employs nearly a quarter of a million people across 55,000 businesses and, as with any industry of that size, standards and safety procedures often widely vary. However the UK hairdressing industry is also totally unregulated, meaning that almost anyone can set up a business as a hairdresser without any formal qualifications or recognised training. The influence of fashion coupled with a desire by many to look younger, has led to a steady increase in spending on…
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    White Plains Personal Injury Lawyer Blog


    22 May 2015 | 7:41 am
    We have been following all the reports since January, 2015 concerning real estate sales of single family homes, condominiums and cooperatives. In an article in The Westchester County Business Journal by John Golden on January 26, 2015, he reports increased demand for co-op apartments which drove an 8% increase in sale in the fourth quarter of 2014. Sales of single family homes in Westchester County dropped 1% from 2013 and the median price rose 4.1% to $635,000. Overall, house sales in Westchester County totaled 8609 unit in 2014, a 0.6% increase from 2013. Condominium sales totaled 100 units…

    30 Apr 2015 | 2:01 pm
    Lead levels in children has been an issue since old paint had a lead base and children were ingesting lead by eating paint chips. Many lawsuits developed because these children sustained brain damage and learning disabilities. These lawsuits forced the paint industry to stop using lead in the paint. In the older tenements, the old lead paint was not painted over or removed and landlords became responsible for personal injuries, brain damage and learning disabilities. The lead problem has been reintroduced in artificial turf fields. This issue was taken up in USA Today - The Journal News on…

    23 Apr 2015 | 2:20 pm
    A shift in focus has occurred by nursing homes to attract short term care. Rehabilitation facilities are attracting many Medicare patients who are forced to leave hospital as soon as their Medicare for in patient care runs out. After a hip replacement or knee replacement, the patient is pushed out of the hospital where they had their surgery and yet those patients cannot take care of themselves when pushed out of the hospital. As a result of this trend, nursing homes/rehabilitation facilities are going after these patients who are on Medicare for short term care after their hospital stay. The…

    21 Apr 2015 | 10:46 am
    We previously wrote about cell phone and texting while driving showing how dangerous it is and resulted in auto accidents. Initially when the law first passed, the police could not write a ticket for cell phone or texting violations without another traffic offense. The New York Legislature, with a very big push from Governor Mario Cuomo, changed the laws and made cell phone and texting while driving a primary offense allowing police to enforce the law with tickets. In an article in The Journal News on Monday, April 13, 2015, Joseph Spector and HOA Nguyen headlined the paper with an article…

    9 Apr 2015 | 1:15 pm
    In an article in The Journal News on February 27, 2015 by Jorge Fitz-Gibbon, he points out that mailmen are fighting back. A U.S. postal mail carrier is suing a dog owner claiming a woman's dog bit him. Our firm has handled many postal worker dog bite cases. The claim in the case reported that an Australian Shepherd's owner allowed their dog "to roam free" on the property and to come into contact with the mail carrier. The article points out that "homeowner's need to be careful that they don't create situations that can be hazardous to people like mail carrier, UPS workers, Fed Ex delivery…
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    Pinellas County Florida Criminal Lawyer Blog

  • Florida Appeals Court Upholds Evidence Obtained After Suspect is Handcuffed and Detained While Awaiting Eyewitness Informant

    Pawuk &#38; Pawuk, P.A.
    20 May 2015 | 7:05 am
    Evidence of a crime must be obtained lawfully, without violating the rights of the accused. In a recent 2d District Court of Appeal case, a search and seizure was held lawful when two officers handcuffed a suspect and detained him until a citizen informant arrived to identify him. The detention was reasonable, according to the court, and the evidence obtained during and after the search and seizure admissible. In this case, two police officers responded to a BOLO – “be on the lookout” – report issued from details provided by an informant who phoned 911 and described a crime in…
  • Hearsay Evidence and Restitution in Florida

    Pawuk &#38; Pawuk, P.A.
    6 May 2015 | 10:18 am
    A conviction for a crime involving property damage often includes a restitution order, an amount that must be paid to the victim. In a recent 2d District Court of Appeal restitution case, a victim’s testimony as to costs was inadmissible hearsay because it was not based on her personal knowledge. While hearsay may be used at a restitution hearing to establish the value of damaged items, in this case there had been an objection to the evidence, and so it could not be used to show the amount of loss. Michael Allen pled guilty to grand theft of a motor vehicle, and he was…
  • Your Right to Remain Silent

    Pawuk &#38; Pawuk, P.A.
    27 Feb 2015 | 10:52 am
    In our practice we hear from clients all the time that the police did not read them their rights, meaning Miranda rights, when they are arrested.  Contrary to every television show and most people’s belief – the police don’t have to read you your rights in all arrests.  The police only read you your rights when: You are in custody – that means physically not free to leave, handcuffed, in an interrogation room, in the back of a police cruiser, etc. AND – AND – AND – AND (not to be confused with OR) 2.  They ask you questions. Therefore, if you are merely being arrested and…
  • Traffic stop for dark window tint – probable cause?

    Pawuk &#38; Pawuk, P.A.
    26 Feb 2015 | 10:51 am
    Let’s say you just bought a used car.  You never had the windows tinted, the car came like that.  Or let’s say you recently had the windows tinted by a reputable tint dealer.  Then in the middle of the day, you’re driving and get pulled over for what you think is no reason.  Somehow – either you give consent, or the officer just does it, they search your car and find illegal things in it. Can the police pull you over if they “think” your windows are too dark?  According to the 4th DCA and many other appellate courts – yes.   This blog discussed the recent 4th DCA case…
  • Juvenile Car Burglaries

    Pawuk &#38; Pawuk, P.A.
    26 Jan 2015 | 12:32 pm
    One of the most common juvenile crimes that I see are juvenile car burglaries.  These frequently happen in neighborhoods where kids may be walking around at night and trying to open up unlocked cars looking for loose change or cigarettes.  Kids call this crime CAR HOPPING. Usually these types of crimes are harmless and the kids who do this certainly don’t think it is a big deal. The cars are unlocked so there is no damage and they rarely take factory installed items like stereos or speakers.  But sometimes, the innocent search of change in an unlocked car might reveal a computer,…
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    Oakland Employment Lawyer Blog

  • California Woman Awarded $13 Million for Exposure to Asbestos in Talcum Powder

    Liberty Law
    21 May 2015 | 1:47 pm
    A California woman was recently awarded $13 million after she contracted mesothelioma from using talcum powder that contains asbestos. The powder was manufactured by Colgate-Palmolive. The woman’s attorneys claimed that she got mesothelioma from using Cashmere Bouquet talcum powder. The verdict was the first against Colgate-Palmolive for asbestos exposure from commercial talcum powder. During the trial, the woman, who is 73 years old, told the court that she used the talcum powder from 1961 through 1976. At the time, the powder was popular. It wasn’t until 1973 that the federal government…
  • California Worker Fired After Disabling App that Tracked her Movements

    Liberty Law
    17 May 2015 | 1:45 pm
    A Bakersfield woman claims that she was fired after uninstalling an app on her phone. The woman worked for a money transfer service called Intermex as a sales executive. Intermex is a company that processes payments between the U.S. and Latin America. It has 30,000 locations and offers services in 45 states and 16 countries. When she was hired, the woman was working for a rival, NetSpend. Intermex agreed to let the woman work for both NetSpend and Intermex for three months for insurance purposes. The woman worked for Intermex for three months and allegedly did well at her job, meeting all…
  • California Worker Killed in Horrific Accident

    Liberty Law
    14 May 2015 | 11:12 am
    Bumble Bee Foods and two of its managers have been charged by Los Angeles prosecutors for violating safety regulations that led to a horrifying workplace accident. A 62 year old employee at the company’s Santa Fe plant was performing maintenance in a 35-foot long pressure-cooking oven in 2012. While he was working in the oven, co-workers, who thought the man was in the bathroom, loaded the oven with multiple cans with about 12,000 pounds of tuna and turned it on. A supervisor later noticed that the employee was missing. An announcement was made over the intercom and employees looked for him…
  • Pregnant Women Sue Raley’s for Pregnancy Discrimination

    Liberty Law
    11 May 2015 | 11:10 am
    Raley’s, the West Sacramento-based grocery store chain, is being sued for pregnancy discrimination by two former employees. Raley’s operates over 120 grocery stores in northern California and Nevada under the names Raley’s, Bel Air Markets, Nob Hill Foods, and Food Source. The first plaintiff claims that in June 2013, five months before her baby was born, she told her managers she was pregnant. A month later, she brought in a note from her doctor which said she should not lift more than 10 pounds. One hour later, she was called in to the store director’s office and told that she…
  • San Francisco Police Sued by Immigrant’s Parents

    Liberty Law
    7 May 2015 | 11:43 am
    The parents of a Guatemalan immigrant who was shot dead by San Francisco police have filed a lawsuit in federal court, accusing the police of excessive force. The lawsuit also alleges that the police chief and city failed to properly train and oversee the police department. The man, age 20, died on February 26 after plainclothes police officers shot him six times in the Mission District. According to police, the man acted erratically and lunged at a police officer with a knife over his head. The lawsuit, however, claims that the victim, who was a construction worker, was trying to flee from a…
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    Massachusetts Estate Planning, Probate & Elder Law

  • A Rebuttal to the Reckless Misrepresentation of Federal Medicaid Trust Law by the Office of Medicaid in Massachusetts

    Brian E. Barreira
    5 May 2015 | 3:26 pm
    The Office of Medicaid now appears to take the position that all assets held in any Irrevocable Trust should be counted for MassHealth purposes, despite having regulations to the contrary.  The Office of Medicaid has developed a boilerplate written document that it adapts slightly to the terms of each trust it is attacking, and files this document at fair hearings.  The document has not been vetted or published in any official manner, has been withheld from public view, and may be best described as an essay, so it will be referred to herein as the “MassHealth Essay.” The continual usage…
  • The Office of Medicaid and Its Board of Hearings Are Complicit in Denials of Due Process to MassHealth Appellants

    Brian E. Barreira
    21 Apr 2015 | 11:02 am
    hder 130 C.M.R. 610.065(A)(4), the Board of Hearings has the duty “to ensure that all parties have a full opportunity to present their claims orally or in writing and to secure witnesses and evidence to establish their claims.”  Unfortunately, whenever a negative legal opinion is given to the MassHealth worker, it is tactically withheld from the appellant until the time of the fair hearing.  The appellant in such a situation is routinely provided with no information from the Office of Medicaid about any reason for the denial and cannot adequately prepare for a fair hearing.  Without…
  • Did the Office of Medicaid Intentionally Violate Federal Medicaid Trust Law When It Stripped the Definition of the Word “Available” from MassHealth Regulations?

    Brian E. Barreira
    13 Apr 2015 | 9:34 am
    Before January 1, 2014, the Office of Medicaid in Massachusetts had an official, published position on what the term “available” meant in its MassHealth regulations, but the Office of Medicaid has apparently chosen not to have a definition any longer.  Some hearing officers are now reviewing MassHealth trust regulations at fair hearings and ruling that some irrevocable trusts have countable assets due to the now-undefined word “available” in the MassHealth regulations. The proper review of irrevocable trusts for whether they are countable assets is set forth in the federal Medicaid…
  • Is the Term “Interested Person” Meant to Be Broadly Defined under Massachusetts Guardianship and Conservatorship Law?

    Brian E. Barreira
    9 Apr 2015 | 1:40 pm
    In the case of Guardianship of B.V.G., decided on April 6, 2015, the Massachusetts Appeals Court took a look at the Massachusetts Uniform Probate Code (“MUPC”) to determine whether a grandfather was an interested person who had standing in the guardianship proceedings. The child’s father was objecting to the grandfather’s involvement in the guardianship case. The term “interested person” in M.G. L. c. 190B, § 1-201(24), the general definition section of the MUPC, “includes heirs, devisees, children, spouses, creditors, beneficiaries, and any others having…
  • Do the Lawyers Representing the Office of Medicaid in Massachusetts Know What a Revocable Trust Is?

    Brian E. Barreira
    8 Apr 2015 | 9:48 am
    At Massachusetts fair hearings, the Office of Medicaid often routinely makes the claim that irrevocable trusts are revocable or arguably revocable in various situations that have nothing to do with revocability, as if the word “revocable” were meaningless. In past fair hearings, the Office of Medicaid has issued that label without further explanation when the trustee can make distributions to terminate the trust to persons other than the settlor or the settlor’s spouse. In one case, the Office of Medicaid has made the claim that if a trust protector (who was not the settlor of the…
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    Traffic Law Stop's Blog

  • Checkpoints 101 – Legality? Constitutional Rights? Consent?

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

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

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

    Casey Coats
    17 Mar 2015 | 9:16 pm
    St Patrick’s Day – Lots of Checkpoints Tonight! Click below for Tonight’s Checkpoint Recap Report at 11:15PM   Like our FB page to get our Alerts filtered into your FB feed.  Download our App for Alerts to your Cell phone. Do you have to Blow? Do you have to answer questions?  REMEMBER – Check our App for your Rights during a Checkpoint Stop! Tonight’s Checkpoints – St Pat’s Day: –On Reavis Barracks at 55 commuter lot.  Mobile DWI van, tow truck and several patrol cars in the lot. Confirmed, pics posted to our FB page. CONFIRMED.
  • It’s CHECKPOINT Season Again!

    Casey Coats
    13 Mar 2015 | 10:45 am
    CHECKPOINTS & DWI SATURATION PATROLS: Several have been announced for 3/13/15 – 3/14/15 and March 2015. All winter long it’s been cold outside and the Police have been overworked dealing with looting, protests, crime spikes, etc… they’ve barely had enough time to write traffic tickets, lol! But it’s warming up outside – and somebody has to pay for ALL THAT POLICE OVERTIME from last Fall and over the winter! Who better to raise funds from than the drunk drivers? Nobody really feels sorry for the drunk drivers, it’d be hard to sympathize with high…
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    Tampa Bay Injury Attorney Blog

  • Acetaminophen Labeling Error Leads to Mucinex Recall

    Whittel &#38; Melton, LLC
    29 Apr 2015 | 6:57 pm
    A reported 1.5 million bottles of liquid Mucinex Fast-Max are being recalled due to manufacturing problems, more specifically, the back labels may not indicate that the drug contains acetaminophen and other ingredients. The Mucinex Fast-Max recall was announced on Tuesday by RB, after the company confirmed a retailer’s report that the back label information did not match the front. Even though no illnesses or injuries have been linked to the recalled cold medications, this could cause problems for users taking other medications containing similar ingredients. According to the company’s…
  • Chef Killed By Speeding Drunk Driver in Downtown St. Pete

    Whittel &#38; Melton, LLC
    14 Apr 2015 | 7:14 pm
    A speeding drunk driver collided with two people who were crossing 2nd Street N in downtown St. Petersburg early Saturday, killing one of them and critically injuring the other, according to police. Shortly after 2 a.m., a 25-year-old St. Petersburg man was speeding on 2nd Street N in a rented Dodge Charger. The car ran a red light at Central Avenue and hit a 31-year-old Largo chef and a 28-year-old St. Petersburg man. The chef died at the scene. The other man, who was sideswiped and spun onto the pavement, was taken to a Bayfront Health St. Petersburg with life-threatening injuries. He has…
  • New Study Reveals Time of Day Child Pedestrians Most Likely to Be Struck By Car

    Whittel &#38; Melton, LLC
    7 Apr 2015 | 7:19 am
    Researchers from New York City’s Jacobi Medical Center recently released a study that shows the time of day and months of the year that child pedestrians are most likely to be struck by a car. By taking a peek at the medical records of 100 school aged children who were hit by a car in 2012, the researchers were able to pinpoint the two most likely times of the day for a child to be hit: 1. the evening 2. shortly after leaving school. The study also determined that children were more likely to be hit by a car in the spring months. The most common injuries suffered in these accidents were…
  • Man, Woman and Unborn Baby Killed after SUV Crashes into Mobile Home

    Whittel &#38; Melton, LLC
    6 Apr 2015 | 7:18 am
    A man, a woman, and her unborn baby were killed Wednesday morning after a SUV crashed into a mobile home while they were sleeping overnight. The Palmetto Police Department believes the accident occurred at the Lone Oak Mobile Home Park around 2:30 a.m. According to investigators, the driver of a Chevy SUV was travelling north on U.S. 41 when he crossed the median at 7th Street West, smashed through a fence, and plummeted into the back of the mobile home. The man and the pregnant woman were asleep inside when it happened, and police said they died upon impact. The woman was apparently in the…
  • AAA Study Shows Accidents Involving Distracted Teen Drivers on the Rise

    Whittel &#38; Melton, LLC
    27 Mar 2015 | 3:11 pm
    Most people recognize that using a cell phone while driving can prove deadly. However, a new AAA study shows that cell phone use is hardly the only activity that may cause you to become involved in a serious auto accident. The most recent research carried out by the AAA Foundation for Traffic Safety concludes that most teens involved in crashes are guilty of distracted driving but, not all of these cases involve distracted driving associated with cell phone use. According to AAA, distracted driving is a factor that is present in 6 out of all 10 accidents that are moderate or severe.
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    Boston Metro Business Lawyer Blog

  • Massachusetts Erroneous Conviction Statute and Insufficient Evidence Cases

    Richard Mucci
    20 May 2015 | 5:09 am
    Massachusetts law allows a person who has been the subject of an erroneous conviction to pursue a claim for compensation.  To recover, a person must first show that he or she is eligible as a member of the class set forth under the statute and then must prove by clear and convincing evidence that he or she did not commit the offense.  The Supreme Judicial Court recently considered the application of the erroneous conviction statute in a case where the conviction was overturned on appeal based on insufficient evidence. In Renaud v. Commonwealth, the underlying criminal case involved an…
  • Equitable Adjustments in Massachusetts Public Construction Contracts

    Richard Mucci
    5 May 2015 | 6:23 am
    Sometimes businesses must bid on jobs and sign contracts while there is still some level of uncertainty regarding the extent of work that must be performed and how much it will cost.  Massachusetts law allows a contractor entering a public contract to ask for an equitable adjustment if the actual conditions are materially or substantially different from what was stated in the plans or contract documents. In a recent case, the Massachusetts Appeals Court decided what happens when a contractor underbids a unit price based on an assumption of the total amount of units involved. In Celco…
  • Policies against Tipping Allowed under Massachusetts Tips Act

    Richard Mucci
    29 Apr 2015 | 9:32 am
    The Tips Act protects certain Massachusetts service employees from having to turn over their tips to their employers, but what happens to the money left by customers in spite of an employer’s no tipping policy?                                                                               This question was recently before the Supreme Judicial Court in the case of Meshna v. Scrivenos.  Current and former employees of franchised donut shops filed suit against the franchisee and the management company of the stores. The defendants established a no tipping…
  • Employers Beware: When A Lateral Transfer of an Employee Constitutes An Adverse Employment Action

    Richard Mucci
    5 May 2014 | 9:10 am
    A Massachusetts Court recently decided that a lateral transfer of an employee could be considered an “adverse employment action” for the purposes of a retaliation claim despite no wage or benefits cuts. In Kelley v. Commonwealth, et al., the Plaintiff worked as a clerk for the Department of Conservation and Recreation’s sign shop at a location near her home. In 2006, a co-worker and a supervisor engaged in a romantic relationship, which made the Plaintiff uncomfortable and led to the co-worker receiving favorable treatment in the workplace. On January 19, 2006, the Plaintiff…
  • GRONK: A Lesson in Trademark Infringement

    Richard Mucci
    29 Apr 2014 | 7:45 am
    Rob Gronkowski is commonly known by his nickname GRONK. But did you ever have a brainstorm for a popular t-shirt featuring GRONK or any other Boston athletes’ nickname? Well if you did, you should check the trademark database before printing and marketing the t-shirts or you may be subject to a lawsuit. This is exactly the situation of the Defendant in Gronk Nation, LLC v. Sully’s Tees, LLC. On February 18, 2011, Rob Gronkowski and his brothers formed Gronk Nation, LLC, a Florida limited liability company. Gronk Nation acquired the intellectual property rights of the Gronkowski…
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    California Innocence Project » Blog

  • Innocence March Anniversary

    28 Apr 2015 | 2:34 pm
    Yesterday, we recognized the two year anniversary of th […] The post Innocence March Anniversary appeared first on California Innocence Project.
  • DA Expected to Dismiss Charges Against Michael Hanline

    21 Apr 2015 | 4:26 pm
    FOR IMMEDIATE RELEASE Charges Expected to be Dismissed […] The post DA Expected to Dismiss Charges Against Michael Hanline appeared first on California Innocence Project.
  • Michael Hanline Release Video

    20 Apr 2015 | 9:41 pm
    On November 24, 2014, Michael Hanline was released from […] The post Michael Hanline Release Video appeared first on California Innocence Project.
  • Faulty Memory

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

    6 Feb 2015 | 8:51 am
    Check out this infographic on exonerations in the US si […] The post Exonerations in the US appeared first on California Innocence Project.
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    Maryland Divorce Lawyer Blog

  • Maryland Court Reviews Wife’s Request for Certain Pension Benefits in Divorce

    Anthony A. Fatemi, LLC
    14 May 2015 | 1:15 pm
    Couples who file for divorce have an opportunity to prepare a settlement agreement that will address and resolve all issues arising out of their marriage. This means that they may divide up the marital property in a manner suitable to both parties. Once a court issues the final judgment of divorce, this agreement may be included in the record, and the judgment will contain its terms. Under Maryland law, spouses may identify and allocate “pension benefits” as part of the settlement agreement. Like many aspects of a divorce proceeding, this phase is governed by case law and…
  • Maryland Court Reviews Issue of Paternity in Child Support Case

    Anthony A. Fatemi, LLC
    1 May 2015 | 6:11 am
    State courts take very seriously the issue of child support in any family law proceeding. Certain local agencies even have the authority to file a complaint against a party who has not met his or her obligation to make child support payments under a court order. This authority serves to protect the financial interests and overall well-being of a child, who is unable to advocate for him or herself. In most cases, it is clear who is obligated to make such payments:  one or both of the child’s parents.  But there have been cases in which the issue of “parentage” or paternity…
  • New York Court Rules Wife May Serve Husband with Divorce Summons Via Facebook, Offers Interesting Commentary on Intersection of Law and Technology

    Anthony A. Fatemi, LLC
    27 Apr 2015 | 6:28 am
    A spouse who seeks to initiate a divorce proceeding must properly serve the other party with notice in accordance with local state law. It is important to understand the methods of service that are deemed acceptable in your jurisdiction. Otherwise, you may not be entitled to the relief sought. Most states have a system of courts, each with the authority to hear and decide certain types of disputes. In Maryland, it is the circuit court that handles family law cases, such as divorce and child custody and support matters. Keep in mind that the rules for service of process vary depending on…
  • Maryland Senator Sponsors Bill To Amend Divorce Law

    Anthony A. Fatemi, LLC
    30 Mar 2015 | 6:06 am
    A common complaint among couples going through a divorce proceeding is the length of time it often takes to resolve and obtain a judgment of absolute divorce. One of the most common causes of a drawn-out process is inherent in the nature of a divorce: the couple’s relationship has deteriorated and the parties typically do not agree on the key issues to be resolved. And in Maryland, current state law adds to this already difficult situation by requiring couples to live apart for a full year before even applying for a divorce (under certain circumstances). One way to help move the process…
  • Maryland Legislators Introduce Bill Addressing “de facto” Parental Status

    Anthony A. Fatemi, LLC
    16 Mar 2015 | 8:22 am
    Many family law cases, such as a divorce or separation proceeding, involve child custody and visitation issues. When the divorcing spouses are the biological or adoptive parents of the children involved, Maryland law provides ample protections with respect to their parental rights and responsibilities going forward. Significantly, courts have the authority to order a parenting arrangement and child support, in accordance with the best interests of the child. And if the spouse who is required to pay child support fails to meet the obligation, courts are empowered to take extra measures to…
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    Houston Family Law Blog

  • Twins with 2 fathers shock the courtroom

    On behalf of Shriver & McLean, L.L.P.
    21 May 2015 | 2:21 pm
    If you have twins with your partner, you likely suspect that each twin will have the same father -- you. If you suspect that your wife or partner had an affair, you may question if both children are yours, and that could be a fair assumption. If a DNA test reveals that one child is yours, shouldn't both be? Well, that question could be more complicated than you think if you consider this recent case reported in the news. A New Jersey judge has had to determine that a set of twins actually has two different fathers. The twins, fraternal, were born from two different fertilized eggs. How did…
  • Are prenuptial agreements only for the wealthy?

    On behalf of Shriver & McLean, L.L.P.
    13 May 2015 | 1:55 pm
    As someone who may not have many assets yet, you may be wondering if you need to have a prenuptial agreement at all. What could you have to lose? Won't all your assets be marital assets, anyway? While you may be thinking that a prenuptial agreement protects your positive assets, remember that it can also protect you from taking on debt. Prenuptial agreements can define what happens if you and your husband divorce and how your debt is split. The agreement can discuss how new properties or businesses would be split, too. Prenuptial agreements can discuss how financial arrangements will be…
  • Man argues divorce wasn't fair; Texas courts disagree

    On behalf of Shriver & McLean, L.L.P.
    6 May 2015 | 10:08 am
    In Texas, it's typical for courts to rule on divorces for marriages that took place in the United States. Sometimes, marriages from outside the country need to be reviewed, so internationally married couples can get a divorce, too. Other times, divorces in other countries need to be reviewed to determine if a new marriage can take place. On April 30, a report about a Pakistani Islamic divorce being recognized in Texas was released. The case has been ongoing for several years, but it has finally been settled by the state. In the case out of Texas, a man and woman had been married in Pakistan…
  • What can't you include in a prenuptial agreement?

    On behalf of Shriver & McLean, L.L.P.
    29 Apr 2015 | 3:20 am
    Getting married is an exciting time in your life. You are getting to be with the person you love, and you're going to make a life together. Unfortunately, not all marriages last. This is a part of life, but you need to protect yourself in case you have to get a divorce. A prenuptial agreement is one of your options that can help you make sure you don't lose out during a divorce. When you are creating a prenuptial agreement, you want to include as much as possible about dividing your assets and protecting your investments. You can put some pretty interesting things in your prenuptial…
  • How does a protective order work in Texas?

    On behalf of Shriver & McLean, L.L.P.
    21 Apr 2015 | 12:31 pm
    As you enter a divorce to escape a violent situation, your thoughts may shift to your child. What can you do to make sure your child won't have to spend time with his or her abuser? How can you be sure you'll be safe during your divorce? Texas has protective order laws that can help keep you safe. These laws were created to help people in your situation who need to be protected from abusive partners or anyone else who may be trying to hurt you or your loved ones. These protective order laws are able to be granted for up to 20 days on a temporary scheme or for up to two years for a full…
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    Morristown Personal Injury Law Blog

  • Was motorcycle driver guilty of negligence in accident?

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    25 May 2015 | 1:01 pm
    Many New Jersey riders would agree that operating a motorcycle requires special skills beyond those needed to drive a car. If an individual is not familiar with what it takes to control a motorcycle, yet rides one anyway, it could put everyone on the roadway in danger. If an accident occurs that is the rider's fault, it could be considered negligence. Police recently responded to a single-vehicle accident involving a motorcycle. The 22-year-old man operating it does not have a motorcycle license, which is required by New Jersey law. In addition, officers believe he was driving under the…
  • Was construction truck driver guilty of negligence?

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    20 May 2015 | 7:55 am
    New Jersey drivers are often warned to take extra precautions in construction zones in order to avoid accidents that could kill or seriously injure workers. However, that does not mean that the workers themselves do not have the same responsibility to motorists. Construction workers operating vehicles in these zones also need to be cautious because their negligence could result in an accident in which someone is injured or killed. For instance, the New Jersey State Police recently responded to an accident in a construction zone on the south side of the Garden State Parkway involving a…
  • Wreckage can make it difficult to free victims of car accidents

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    11 May 2015 | 7:53 am
    What happens to a vehicle during an accident is unpredictable. In some car accidents, the wreckage itself makes it difficult to extricate the victims, but the position of the vehicle can also complicate matters. This can make it a challenge for emergency responders in New Jersey to get to the victims in order to provide life-saving medical care. For example, when emergency responders were recently called to the scene of an accident, they discovered the vehicle involved literally came to rest in some trees. Due to the location and condition of the wrecked car, authorities were forced to use…
  • Factors involved in some car accidents are not readily identified

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    5 May 2015 | 3:43 pm
    In some cases, New Jersey law enforcement officials have a difficult time discerning how an accident occurred. This is often because the factors involved in some car accidents are not readily identifiable based on where the vehicles came to rest. Additional investigation and even an accident reconstruction may be necessary in order to ascertain the cause of the crash. For example, troopers with the New Jersey State Police recently responded to a call regarding a two-vehicle crash on Interstate 295. Upon arrival, they found two people, both 22 years of age, succumbed to fatal injuries in a car…
  • New Jersey family lost a loved one in high-speed crash

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    27 Apr 2015 | 12:24 pm
    Driving at a high-rate of speed can be dangerous for a well traveled driver -- let alone for a teenager who does not have adequate experience at driving. Teenagers tend to believe they are invincible, and this can contribute to recklessness behind the wheel. This deadly combination of inexperience and speed is being blamed in an accident in which a New Jersey family lost a loved one. The 18-year-old woman was a passenger in a vehicle that was also occupied by her 15-year-old brother and the 17-year-old driver. According to police reports, the vehicle was speeding along the roadway when the…
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    Columbus Personal Injury Law Blog

  • Product Recalls: Takata airbag recall greatly expanded

    By Dale K. Perdue
    21 May 2015 | 1:27 pm
    Product recalls involving motor vehicles continue to make news.  The massive recall involving Takata airbags has now been expanded to include more than 34 million  vehicles - almost one out of every seven cars on American highways.  Toyyo-based Takata is one of the world's biggest air-bag manufacturers.  It supplies air bags to most major automakers. Most of the recalled airbags are in Honda vehicles, however, 10 other automakers are affected as well.  The National Highway Traffic Safety Administration is currently compiling a list of all cars with recalled…
  • Automobile airbag maker declares defective products recall

    On behalf of Dale Perdue
    20 May 2015 | 3:29 pm
    A recall has been recently declared in Ohio and all other states for vehicles containing a Japanese-made automobile airbag. The recall states that at least 33.8 million vehicles in the United States contain the defective products. According to reports, it is the largest 50-state recall to ever be declared in the history of the nation. Automakers such as General Motors, Ford and Subaru have already implemented the recall on more than 17 million vehicles. The U.S. Transportation Secretary said that a recall of this magnitude will take massive efforts from all involved parties. He added that…
  • Dangerous drugs update: $2.4 billion Actos settlement

    By D. Andrew List
    20 May 2015 | 1:19 pm
    Dangerous drugs update:  Takeda Pharmaceuticals will pay approximately $2.5 billion to resolve lawsuits involving its drug, Actos.  Takeda has agreed to settle more than 8,000 product liability claims that allege that Takeda and Eli Lilly failed to adequately warn the medical community and consumers regarding the risk of bladder cancer and that information regarding the link between bladder cancer and Actos was withheld. The settlement will occur as long as 95 percent of plaintiffs who have filed lawsuits agree to participate.  Takeda will pay $2.37 billion in the settlement if…
  • Dangerous drugs: millions of dialysis products recalled

    By D. Andrew List
    18 May 2015 | 1:29 pm
    Dangerous drugs for use in dialysis treatments have been recalled by Baxter Healthcare Corp. On January 22, 2015, Baxter voluntarily recalled eight lots of MiniCap with Povidone-Iodine Solutation.  According to the Food and Drug Administration's Enforcement Report dated March 25, 2015, over four million units of the solution are affected.  The recalled dangerous drugs were shipped between May 12, 2014 and December 30, 2014. The recalling company received complaints from consumers indicating that the sponge of the MiniCap was separated from the cap, partially protruding from the cap,…
  • Head-on collision leaves 1 dead, 2 injured

    On behalf of Dale Perdue
    16 May 2015 | 5:16 am
    A fatal car accident recently occurred in Ohio. A vehicle driven by a 37-year-old Columbus woman is believed to have crossed the center line, causing a head-on collision. The wreck killed the 27-year-old driver of the second vehicle and injured his 40-year-old passenger. Shortly before 5 a.m., the driver of the first vehicle was heading north through Columbus. Suddenly, the woman veered to the left of the center, which placed her vehicle into the lane of oncoming traffic. What caused the woman's vehicle to veer, be it intoxication or distracted driving, has not yet been determined, but the…
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    North Texas Legal News

  • My Employer Defamed Me to the Government! Not So Fast, Says the Texas Supreme Court.

    Leiza Dolghih
    19 May 2015 | 9:36 pm
    In Texas, a person cannot be sued for defamation for statements made in judicial or legislative proceedings. However, the rule has not been so clear with respect to statements made before such proceedings begin, such as those made during an internal investigation of employee misconduct by employer. Last week, the Texas Supreme Court in Shell Oil Co., et al. v. Writt held that a company’s statements made during an internal investigation while a company itself is under investigation are absolutely privileged against defamation, i.e. what a company says about an employee in…
  • Break Time for Nursing Mothers at Work – A Right or a Privilege?

    Leiza Dolghih
    11 May 2015 | 11:54 am
    Many businesses routinely face the question of what to do when a nursing employee asks that she be allowed to take a break to express milk at work and that she be allowed to do so in a private space? Does an employer have to grant her request? What if a business does not have a private place for a mother to use? How many breaks is she allowed to take? For how long? Does an employer have to pay for the break time? This blog post answers these and many other questions that arise from this simple but very common situation and explains why, even when not required to do so under the law, it…
  • Lunch Invitations Are Not Sexual Harassment – Says the Texas Supreme Court

    Leiza Dolghih
    27 Apr 2015 | 10:12 am
    Last week, the Texas Supreme Court reversed a $1 million award to a former San Antonio Water System (SAWS) employee, who claimed that she was terminated because she confronted a male vice president about his repeated lunch invitations to two female employees outside his department. The Supreme Court in San Antonio Water System v. Nicholas, held that “no reasonable person could have believed” that the lunch invitations constituted sexual harassment in this case. Under the Texas Commission on Human Rights Act (TCHRA), an employer may not retaliate against an employee who opposes…
  • 10 Tips on Preventing Trade Secrets Theft by Employees Who Work from Home

    Leiza Dolghih
    21 Apr 2015 | 7:25 am
    In 2013, Marissa Mayer’s memo to Yahoo employees cancelling Yahoo’s work-from-home policy sparked a debate on whether working from home hurts or benefits companies, and whether any cost-savings associated with such an arrangement are outweighed by a decrease in productivity of remote employees. Very few critics, however, discussed the added risks of trade secrets theft by remote employees.  It seems that many companies put a lot of emphasis on in-the-office security measures, but apply a much laxer set of rules to those who work from home. Because of that approach, the…
  • Trends in CEO Covenants Not to Compete

    Leiza Dolghih
    7 Apr 2015 | 9:44 pm
    Earlier this year, three law professors* published an analysis of non-compete and non-solicitation restraints in a sample of 874 CEO employment agreements. You can find the entire article here. This is the first empirical study of non-compete restraints. The professors drew their agreements from a random sample of 500 S&P 1500 companies who are required by law to disclose to the public the terms of their CEO contracts. Here’s a summary of their findings: most of the CEO contracts (80%) had 1 or 2-year covenants not to compete (CNCs) 89% of CNCs prohibited CEOs from working for a…
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    Galveston Pharmaceutical Products Law Blog

  • Hospital says defective medical devices spread superbug

    On behalf of Hodge Law Firm, PLLC
    21 May 2015 | 9:35 am
    In a move that many here in Texas, and around the country, would say is unprecedented, a hospital in the northwest has joined a family in filing suit against the manufacturer of a medical device. It is alleged in the hospital's claim that the duodenoscopes it purchased from Olympus Corp. spread potentially deadly bacteria to several patients. The family who filed a claim says that one of the defective medical devices led to the death of their loved one. The hospital says that it followed the instructions the company included with the scopes regarding how to sterilize them. However, bacteria…
  • Company voluntarily recalls cancer drug due to foreign matter

    On behalf of Hodge Law Firm, PLLC
    9 May 2015 | 7:41 am
    Adrucil is an intravenous chemotherapy drug used in the treatment of cancer. It is often used as part of a cancer care regimen designed to make a patient more comfortable while attempting to eradicate cancerous cells from the body. Patients and doctors here in Texas and around the country rely on this medication as a healing tool and do not expect it to cause more harm. Unfortunately, eight lots of the medication, which is manufactured by Teva Parenteral Medicines, could do more harm than good. The company is voluntarily recalling a portion of its supply due to the presence of silicone…
  • Intravenous drug recalled for presence of particulate matter

    On behalf of Hodge Law Firm, PLLC
    6 May 2015 | 12:11 pm
    Texas patients should be aware that on May 4, Teva Parenteral Medicines announced a recall of one of its intravenous products due to the possibility that particulate matter was present in the drug. The presence of particulate matter could potentially lead to the blockage of blood vessels and tissue damage, which could be fatal if vital organs become affected. The recall involved eight lots of Adrucil®, which is used to manage carcinomas in certain areas of the body, including the colon, stomach, pancreas and rectum. The drug was distributed through major pharmacies and retailers throughout…
  • Diabetes drug under scrutiny for pancreatic cancer link

    On behalf of Hodge Law Firm, PLLC
    29 Apr 2015 | 10:41 am
    People in Texas with type 2 diabetes may be using the drug Byetta to help control their blood sugar. However, there is growing evidence that Byetta may be linked to pancreatic cancer although the FDA is still investigating the claim. A series of medical studies making the link prompted the FDA investigation. This included the results of research published in in 2011 that showed patients who took the drug had an incidence of pancreatic cancer that was three times higher. The FDA began the investigation in 2013 but says that the results have not yet been conclusive and that in the meantime,…
  • Risks of taking Paxil

    On behalf of Hodge Law Firm, PLLC
    21 Apr 2015 | 10:41 am
    People in Texas who have been diagnosed with mental health conditions such as depression, panic disorder or social anxiety disorder sometimes receive a prescription for Paxil. Manufactured by GlaxoSmithKline plc, the drug brand Paxil is a form of paroxetine, which is a selective serotonin reuptake inhibitor. Although Paxil was approved for treatment of many different mood disorders by the U.S. Food and Drug Administration in 1992, the FDA has since issued several alerts about possible negative side effects of the drug since that time. In 2006, the FDA warned about a potentially fatal…
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    New Haven Personal Injury Law Blog

  • Can a violation of law be negligence in Connecticut?

    On behalf of Jacobs & Dow, LLC
    22 May 2015 | 9:13 am
    Connecticut has many laws that govern traffic safety. These laws apply to behaviors ranging from driving at the proper speed, to avoiding drugs or alcohol, to the use of seatbelts and child restraints. So what is the effect, if any, when you get into an accident with another driver and that driver was in violation of a traffic safety law when the accident happened?  As an individual citizen, you would not be in position to prosecute the other driver for breaking the law.  That is what prosecuting attorneys and criminal trials are for. But that does not necessarily mean that you cannot use…
  • Truck driver hours of service regulations: an overview

    On behalf of Jacobs & Dow, LLC
    20 May 2015 | 9:13 am
    The problem of truck driver fatigue is one that has caused deaths, injuries, and property damage for as long as commercial vehicles have existed. The problem serious enough in every state, including Connecticut, that the federal government has exercised its regulatory authority in an attempt to reduce the problem of accidents caused by drowsy truck drivers. The point agency of the government's regulatory effort is the Federal Motor Carrier Safety Administration. Its most recent work with regard to truck driver fatigue has been to establish rules governing the number of hours during which a…
  • Can a violation of law be negligence in Connecticut?

    On behalf of Jacobs & Dow, LLC
    18 May 2015 | 9:14 am
    Connecticut has many laws that govern traffic safety. These laws apply to behaviors ranging from driving at the proper speed, to avoiding drugs or alcohol, to the use of seatbelts and child restraints. So what is the effect, if any, when you get into an accident with another driver and that driver was in violation of a traffic safety law when the accident happened? As an individual citizen, you would not be in position to prosecute the other driver for breaking the law.  That is what prosecuting attorneys and criminal trials are for. But that does not necessarily mean that you cannot use the…
  • How truck accidents can lead to vicarious liability

    On behalf of Jacobs & Dow, LLC
    15 May 2015 | 7:43 am
    Any accident that involves someone working for another at the time it occurred raises the possibility that the accident was job-related. This possibility in turn leads to the question of vicarious liability. From a plaintiff's point of view in a truck accident case, the advantage of vicarious liability is that it allows the naming of multiple defendants. Often the truck driver will not have substantial resources from which to pay a judgment, but if the driver's employer and possibly others can be held at least partially responsible for the accident, then the prospect for financial recovery…
  • Vertical pavement edges on Connecticut roads pose safety risk

    On behalf of Jacobs & Dow, LLC
    8 May 2015 | 3:50 pm
    According to the U.S. Department of Transportation Federal Highway Administration, a vertical roadway edge contributes to drivers losing control of vehicles when they go onto the shoulder. The vertical edge can cause tire scrubbing that is linked to rollover or head-on crashes. Studies conducted by multiple states found that crashes involving these edge drop-offs increased the chances of a fatality by two to four times. Over the years, road engineers developed angled edges that enabled drivers to stay in control more often. Initially, an edge with a 45-degree angle was tested in the 1980s,…
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    Massachusetts Workers' Compensation Lawyer Blawg

  • Massachusetts Correctional Officer Denied Closed Period Workers’ Compensation Benefits Where Work Stress Was Not a Major Cause of Medical Symptoms

    Steven H. Kantrovitz
    21 May 2015 | 12:59 pm
    In order to collect workers’ compensation benefits in Massachusetts, a workplace incident must be the major cause of an employee’s medical symptoms. In Opanasets v. Suffolk County Sheriff’s Department, a 39-year-old corrections officer apparently began to experience high blood pressure, headaches, and fatigue after inmates began fighting and exhibiting other violent behavior in their cells. As a result, the worker asked to be placed on light duty in a position that involved no contact with inmates. Although his employer denied the correctional officer’s request, the employer…
  • Brockton-Based Roofer Issued $72,800 in Proposed Fines Over Employee Fall Hazards

    Steven H. Kantrovitz
    17 May 2015 | 12:58 pm
    A Brockton, Massachusetts roofing contractor is reportedly facing $72,800 in proposed fines in connection with fall hazards at a North Smithfield, Rhode Island job site. According to the United States Department of Labor’s Occupational Safety and Health Administration (“OSHA”), safety inspectors uncovered the danger in January while heading back to their Providence office following another job site inspection in the same area. From that location, the inspectors purportedly witnessed two roofers working from an elevated scaffold without protective equipment. As a result, the two OSHA…
  • Workers’ Compensation Benefits Award Reversed for Hurt Massachusetts Worker Employed by Foreign Consulate

    Steven H. Kantrovitz
    13 May 2015 | 8:21 am
    A Massachusetts employee may not recover workers’ compensation benefits from the Workers’ Compensation Trust Fund (“WCTF”) if the worker is entitled to receive benefit payments in another jurisdiction.  In Cynthia L. Merlini v. Consulate General of Canada, a Massachusetts administrative assistant was injured while working in the Boston office of a foreign consulate.  At the time, the foreign government did not carry a workers’ compensation policy.  Following a hearing before an administrative judge, the WCTF was ordered to pay the worker § 34 temporary and permanent total…
  • Proposed Bill Would Expand Workers’ Compensation Benefits for Workers Who Suffer Disfiguring Job-Related Scarring

    Steven H. Kantrovitz
    7 May 2015 | 8:20 am
    The Massachusetts workers’ compensation system was established to provide “no fault” accident benefits to employees who are hurt on the job.  Each year, over 3,000 employees are injured at work across the Commonwealth.  Unfortunately, many hurt workers suffer debilitating and disfiguring scars due to workplace explosions, chemical burns, and other safety hazards. Since 1991, a Massachusetts employee may not receive compensation for a work-related disfiguring scar unless it affects the worker’s “face, neck, or hands.”  As a result, a worker who sustains arm, leg, or torso…
  • OSHA Issues $41K in Proposed Fines to Painting Contractor Over Fall Hazards and Lead Exposure at Fall River Worksite

    Steven H. Kantrovitz
    5 May 2015 | 8:19 am
    The United States Department of Labor’s Occupational Safety and Health Administration (“OSHA”) has proposed more than $41,000 in fines against a New Jersey-based painting contractor over allegedly exposing workers at a Fall River, Massachusetts work site to both fall and lead hazards.  The proposed fines stem from an October 2014 inspection at the Charles M. Braga Jr. Memorial Bridge spanning the Taunton River.  The inspection occurred after the Massachusetts Department of Labor Standard’s (“DLS”) noted high levels of lead in the blood stream of many of the painting…
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    Rosen Louik & Perry, P.C.

  • A birth injury can be life-altering

    On behalf of Neil Rosen of Rosen Louik & Perry, P.C.
    22 May 2015 | 6:49 am
    Most births in the Pittsburgh area go as planned and families are rewarded with a healthy new member of their family. But occasionally the unthinkable happens and a serious birth injury occurs. Many times these injuries are temporary and the infant is able to recover, but occasionally the injury is life-altering and the infant requires years of special care. There are many types of birth injuries that can occur. If a doctor fails to perform a necessary C-Section the baby can suffer from brain damage and other injuries. The use of forceps or a vacuum can increase the risk of the baby suffering…
  • Are nondisclosure clauses harming patients?

    On behalf of Neil Rosen of Rosen Louik & Perry, P.C.
    20 May 2015 | 6:50 am
    Pittsburgh residents have the right to the very best healthcare possible. Medical providers have the duty to provide accurate and timely care to their patients. When a medical malpractice event occurs occasionally the malpractice settlement has a nondisclosure clause. These nondisclosure clauses may result in more patient harm. A study of the University of Texas System analyzed over 100 medical malpractice settlements. In those settlements over 88 percent had a nondisclosure provision of some type. Over 45 percent prohibited releasing facts and medical details about the claim and over 25…
  • Woman awarded millions after suffering stroke

    On behalf of Neil Rosen of Rosen Louik & Perry, P.C.
    15 May 2015 | 8:13 am
    The birth of a child is something that many families look forward to with joy. Families anticipate the arrival by decorating nurseries, attending showers and preparing for how their family will be with the new arrival. Most births go as expected but sometimes issues can arise that cause serious medical errors for mothers. A woman and her family in Boston recently won a $35 million dollar case against her doctor claiming that he failed to enter her in a special database for people with brain abnormalities. In 2004 the woman ran the Boston Marathon. After the marathon the woman went to her…
  • Electronic health records can cause serious problems for patients

    On behalf of Neil Rosen of Rosen Louik & Perry, P.C.
    13 May 2015 | 8:14 am
    Many Pittsburgh residents know how popular electronic health records have become recently. It seems like almost every medical provider now uses EHRs to hold important patient information. But, how safe is this technology for patients? It turns out that there frequently are errors in a patient's electronic health record. A recent report has shown that medical malpractice lawsuits related to EHRs have seen a big increase in recent years. The report also stated that with more and more health professionals using EHRs the number of lawsuits is expected to increase in the coming years. The reasons…
  • Failure to diagnose is most common form of medical malpractice

    On behalf of Neil Rosen of Rosen Louik & Perry, P.C.
    8 May 2015 | 8:55 am
    Anyone who has suffered from medical malpractice in Pittsburgh can share how traumatizing it can be. Patients have to put full trust in their doctors that they are making the right diagnosis and have ordered the right tests and interpreted the results correctly. But, in thousands of cases each year across Pittsburgh and the U.S. medical malpractice occurs including the failure to diagnose cancer. Failure to diagnose a condition is the most common form of medical malpractice. Missed diagnosis occurs in between 26 to 63 percent of all medical malpractice claims. Among the failure to diagnose…