Law

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  • Et tu, Google?

    Jim Calloway's Law Practice Tips Blog
    Jim Calloway
    27 Jan 2012 | 8:01 am
    One of the most significant items in technology news so far this year is Google's significant changes to its privacy policy. Google will now combine all of your data from all Google services together and users won't be able to...

  • Fatal Bernardsville Car Accident Involves Cement Mixer

    New Jersey Injury Attorney Blog
    27 Jan 2012 | 6:52 am
    A 36-year-old driver of a cement mixer was killed in a New Jersey car accident involving two other vehicles. According to a news report in The Star Ledger, the fatal truck accident occurred on Route 202 at Whitenack Road in Bernardsville. Officials are still investigating the cause of the fatal collision. The driver of the truck succumbed to his injuries after being flown to the hospital. A 24-year-old woman was also flown to a hospital with unknown injuries and a third driver, a 53-year-old woman, was treated and released for her injuries. The photos from the crash site show that the impact…

  • Ousted BigLaw Partner Gets 5 Years for Helping Client Trick Swiss Bank Into Making $28M Loan

    ABA Journal Daily News
    27 Jan 2012 | 6:02 pm
    A British lawyer ousted in 2008 from his equity partnership at Mishcon de Reya was sentenced today to 5½ years in prison for helping a client trick a private Swiss bank into making a loan of some $28 million. Solicitor Kevin Steele, 51, helped his client, Michael Shephard, present fake documents to persuade EFG Private Bank that Shephard had access to offshore assets of at least quadruple the amount of the loan, the Guardian reports. The Southwark Crown Court was told half the loan money went to fund a resort hotel development in Turkey and the rest went into Shephard's…

  • Alcoa Says RICO Lawsuit Is Too Foreign

    Law Blog
    Joe Palazzolo
    27 Jan 2012 | 4:21 pm
    Aluminum maker Alcoa asked a federal judge Friday to toss a long-running civil racketeering lawsuit accusing the company of paying bribes in Bahrain to win business with its state-owned aluminum company. The case, as we’ve detailed here, is proceeding alongside a criminal investigation of Alcoa over possible violations of the Foreign Corrupt Practices Act, which bars companies from paying bribes to foreign officials. To recap, the civil lawsuit alleges Alcoa paid tens of millions of dollars in bribes, through an agent, to officials at the state-owned company, Aluminum Bahrain, in…

  • Start the meal with gifts full of flavor

    PLI SmartBrief
    27 Jan 2012 | 8:15 am
    Amuse-bouches, small nibbles to excite the taste buds at the start of a meal, are a gift from the chef and a concept that beg -More- 
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    ABA Journal Daily News

  • Ousted BigLaw Partner Gets 5 Years for Helping Client Trick Swiss Bank Into Making $28M Loan

    27 Jan 2012 | 6:02 pm
    A British lawyer ousted in 2008 from his equity partnership at Mishcon de Reya was sentenced today to 5½ years in prison for helping a client trick a private Swiss bank into making a loan of some $28 million. Solicitor Kevin Steele, 51, helped his client, Michael Shephard, present fake documents to persuade EFG Private Bank that Shephard had access to offshore assets of at least quadruple the amount of the loan, the Guardian reports. The Southwark Crown Court was told half the loan money went to fund a resort hotel development in Turkey and the rest went into Shephard's…

  • Student Faces Backlash After Winning Legal Battle Over Prayer Hanging on School Wall

    27 Jan 2012 | 5:18 pm
    A Rhode Island girl who successfully waged a legal battle to get a prayer removed from the wall of her high school auditorium is now suffering the wrath of her deeply religious neighbors. Jessica Ahlquist, 16, has gotten online threats, and police have escorted her at school. A state lawmaker called her "an evil little thing" on a talk radio program. And three local florists have refused to deliver flowers that a national atheist group tried to send to her. All because Ahlquist, an avowed atheist, won a federal lawsuit last month over an eight-foot paper prayer that has hung…

  • Plan to Merger Rutgers-Camden and Rowan U Blasted by Students, Teachers on Both Sides

    27 Jan 2012 | 5:15 pm
    A plan unveiled this week by New Jersey's governor to merge the Camden campus of Rutgers University, including the law school, with Rowan University in nearby Glassboro has been blasted by students and teachers on both sides. The combined school would be called Rowan University. Some, like law student Jeremy Abay, object to the loss of the prestigious Rutgers name and think the new school will have a diminished ability to attract high-caliber faculty, the Courier-Post reports. “If it was Rowan Law School, I wouldn’t be here,” Abay told the newspaper, which reported that he…
 
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    Law Blog

  • Alcoa Says RICO Lawsuit Is Too Foreign

    Joe Palazzolo
    27 Jan 2012 | 4:21 pm
    Aluminum maker Alcoa asked a federal judge Friday to toss a long-running civil racketeering lawsuit accusing the company of paying bribes in Bahrain to win business with its state-owned aluminum company. The case, as we’ve detailed here, is proceeding alongside a criminal investigation of Alcoa over possible violations of the Foreign Corrupt Practices Act, which bars companies from paying bribes to foreign officials. To recap, the civil lawsuit alleges Alcoa paid tens of millions of dollars in bribes, through an agent, to officials at the state-owned company, Aluminum Bahrain, in…

  • Sixth Circuit Revives Free Speech Lawsuit Over Grad Student’s Firing

    Joe Palazzolo
    27 Jan 2012 | 3:31 pm
    A federal appeals court has revived a three-year old lawsuit involving a former Eastern Michigan University student that addresses whether counselors who refuse to work with gays and lesbians on religious grounds are in breach of professional ethics. In 2009, the university expelled Julea Ward (pictured) from its graduate counseling program after she refused for religious reasons to counsel a gay student about relationship problems, according to court documents. Ward sued university officials, claiming her First Amendment guarantees to free speech and free practice of religion were violated.

  • Climate Change Debate Brewing in American Classrooms

    Sam Favate
    27 Jan 2012 | 11:19 am
    There’s a new battle brewing in America’s classrooms, and while it doesn’t have the religious implications of the evolution vs. creationism debate, it has prompted several state legislatures and local school boards to get involved. Climate change — that topic that makes you bang your head against the wall when talking to your obstinate brother-in-law — is the new battleground in science education in middle and high schools in the U.S., Oregon Public Broadcasting reports. State boards of education in Texas and Louisiana have established standards to require the presentation…
 
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    Overlawyered

  • “The legal investigator should not rely upon pretext or subterfuge…”

    Walter Olson
    27 Jan 2012 | 11:09 pm
    “….except in situations when an honest and straightforward approach will not be effective.” [David Hricik (citing not endorsing), Legal Ethics Forum] Tags: ethics Related posts Yipes (0) Yet another Montgomery Blair Sibley profile (3) Worst judges, cont’d (2) Working the system overtime (7) Working eight hours, billing for twelve (5)

  • Annals of overcriminalization: whale watching biologist

    Walter Olson
    27 Jan 2012 | 10:41 am
    The 1972 Marine Mammal Protection Act bans feeding protected dolphins, seals and whales. A grand jury has now indicted licensed marine biologist Nancy Black, who sought to record the behavior of killer whales by rigging attachments to some killed prey that the predators were in the process of eating. Black’s attorney says she also faces a charge of lying to federal investigators because when asked to turn over evidence she gave them footage of the incident that she had already edited for reasons unrelated to the investigation. [The Economist] Tags: crime and punishment, endangered…

  • Sending a remittance to Zimbabwe

    Walter Olson
    27 Jan 2012 | 10:01 am
    The U.S. government really doesn’t believe in making it easy, which is why you might think of using a financial institution in Singapore, where they will be happy to do business. “The whole affair was just another friendly reminder of why I try to avoid doing anything in the US at all. Regulations, financial tracking, consumer protection… it’s just too damn difficult to get anything done.” [Simon Black, Sovereign Man] Tags: Africa, banks, regulation and its reform Related posts Visible taxes and invisible regulations (3) U.K.: “Even mathematicians run scared of our…

  • “She’s had to double her blood pressure medication.”

    Walter Olson
    27 Jan 2012 | 6:33 am
    A discarded Arkansas Lottery ticket turns out to be a $1 million winner, and now three women are fighting over who owns it. [ABC] Tags: gambling, property law Related posts You-let-me-gamble suits (0) You wouldn’t let me play the lottery and I would have won (8) Woman sues TV station that broadcast wrong lottery numbers (0) Walter Olson on Carruthers (3) Update: court nixes “Deal or No Deal” lawsuit (0)

  • David Segal on law school economics

    Walter Olson
    27 Jan 2012 | 5:39 am
    The New York Times reporter whose series on law schools has set off a furor lately talks with Bloomberg’s Lee Pacchia about the schools’ high cost, the role of the ABA as accreditor, and the competition for prestige that shapes many of the schools’ actions. Tags: law schools Related posts WSJ: John McGinnis reviews Schools for Misrule (2) William Henderson, Andrew Morriss: “It’s Time to Restore Morality to Law School Rankings” (1) What happened to the slavery reparations movement? (27) What Elizabeth Wurtzel tells us about the XOXOHTH lawsuit (3) Welcome…
 
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    Solo Practice University®

  • Celebrating 2 Years Solo: Lessons from the Trenches

    Rania S Combs
    27 Jan 2012 | 6:30 am
    “On the eve of launching my solo practice, I had a knot in the pit of my stomach. I’d worked for a firm right out of law school, and then did freelance work for other attorneys, but I’d never been completely on my own. I never had to be a rainmaker. I never had to run a business. I always had other attorneys in my firm to bounce ideas off of. What if I couldn’t do it?” Nevertheless, I pressed on. I sent out a letter to family and friends telling them I was open for business and ignored the nagging voice of doubt reminding me how humiliating it would be if my efforts failed.

  • Making the Leap From BigLaw to Solo Practice

    Suzanne Meehle
    26 Jan 2012 | 6:30 am
    I’ve talked a lot on this blog about the differences between BigLaw and Solo. What I haven’t spent enough time on is what it took to make the transition from BigLaw to Solo. How exactly did I make the leap? First and foremost, I got fed up. Yes indeed. I had to hate being a cog in the BigLaw machine badly enough to give up what there is to love about BigLaw. Because, really, there IS a lot to love. I loved my co-workers, who were among the best and most talented attorneys I’ve ever known. I loved having a huge support staff. I loved having people nod in satisfaction when I…

  • The Referral Power of Positive Reviews on Yelp.

    Douglas Greenberg
    24 Jan 2012 | 6:30 am
    In his seminal guide on solo practice, Jay Foonberg predicted that the Internet would change everything about the way consumers shopped for goods and services. And in his opinion, the practice of law was no exception. Today, Foonberg’s vision seems to be materializing more each day. Consumers size up lawyers not just by their artwork and furniture but also by their online reviews at sites like Yelp.com. Indeed, for some potential clients, searching for an attorney may be just like searching for a restaurant: pick up an iPhone and start perusing reviews (perhaps with Siri as a guide.) In…

  • What is Marketing Anyway?

    Susan Cartier Liebel
    23 Jan 2012 | 6:30 am
    Last week someone I know sent me an e-mail and asked if I was following the hashtagged conversation #MPF12. I guess it was a marketing convention in Miami. I wasn’t following it; didn’t know about it. But the thrust of this lawyer’s concern was as he watched the tweets he was appalled as what he was reading…from lawyers! We good naturedly went back and forth about legal marketing but it reminded me of how misunderstood true marketing is by most. So I am resurrecting this post about marketing I wrote a few years ago which ultimately got highlighted by the ABA Journal…

  • A Solo (A)Broad – Annie Tunheim

    Annie Tunheim
    19 Jan 2012 | 6:30 am
    Right around the time my third son was born, I started my own law practice.  You see, I had long known I didn’t want to go the traditional attorney route; the one year I spent at a small downtown firm was miserable enough to instill a lifelong aversion to law firm employment.  It may be my undergraduate degree in Psychology that rooted itself firmly in my being, but I just craved connections with others, and the ability to practice law the way I wanted to—without being ‘spoken to’ for being too friendly with the support staff (if God forbid I didn’t maintain an appearance of being…
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    BlawgIT

  • SOPA and PIPA Are Bad

    Brett Trout
    18 Jan 2012 | 3:13 pm
    Update: KCCI just posted a great news story of me, countering arguments by PIPA/SOPA co-sponsor Sen. Charles Grassley. You can watch it here. SOPA and PIPA Are Bad There seems to be some confusion on this issue, so let me make it clear. The Stop Online Piracy Act (SOPA) and the Protect Intellectual Property Act (PIPA) are bad. They are bad for you, bad for me, bad for anyone with a blog, a Facebook profile, or any other type of website. SOPA and PIPA are bad for anyone who uses the Internet. Isn’t Stopping Infringers a Good Thing? Yes, and ever since the Copyright Act of 1790, United States…

  • SOPA – This New Censorship Bill is a Job Killer

    Brett Trout
    17 Nov 2011 | 2:49 pm
    SOPA Yesterday, the House Judiciary Committee held a hearing on the deceptively named Stop Online Piracy Act (SOPA). Representative Lamar Smith (R-Tex.) introduced the bill on October 26, 2011 as H.R.3261. SOPA expands the Internet censorship provisions of the Protect IP Act, a bill Senator Patrick Leahy (D-Vt.) shepherded into law earlier this year. These additional restrictions make it easier for large corporations to stop websites from getting paid, not for just allegedly infringing content, but for all content on the website, even if the alleged infringement makes up only a tiny part of…

  • Should I Get A Patent?

    Brett Trout
    14 Nov 2011 | 3:24 pm
    What You Say vs. What Your Patent Lawyer Hears Clients ask me all the time, “Should I get a patent?” While that is certainly the most important question an inventor can ask of a patent lawyer, most patent lawyers answer this question incorrectly. A “Can I” patent question is right in the patent lawyer’s wheelhouse. A “Should I” patent question is not. Patent lawyers therefore tend to hear the question as “Can I get a patent,” which is a much different question. The “Can I” question relates to whether the invention meets the…
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    Above the Law

  • Lunch Theft Epidemic Continues, Spreads to Washburn Law

    Christopher Danzig
    27 Jan 2012 | 4:45 pm
    Last week, we covered an unsettling rash of lunch thefts at UCLA School of Law. The problem was sending hungry students into a tizzy. Now, like a way less deadly version of the Motaba virus, the outbreak has spread to Washburn University School of Law. Several tipsters have forwarded us an all-school email sent yesterday to address the problem. Tipsters also sent us a fantastic listserv response from a student who identified some potential suspects. We’ve got both emails after the jump. You’ll never guess the “monster” suspected of stealing student lunches…. From…

  • Non-Sequiturs: 01.27.12

    Elie Mystal
    27 Jan 2012 | 4:21 pm
    Fight, you damn coward. * Rutgers Law: where things just got real. Real worse. [Courier Post Online] * I’d like to think that law schools are better at giving bad news to faculty than they are at giving bad news to students. The way they tell students, “Congratulations, you’ve been admitted,” is so unprofessional and cold. [Faculty Lounge] * Floyd Mayweather is above the law. He’s a rank coward who is going to get beat down by Manny Pacquiao if he ever develops the stones to face him. But Mayweather has good lawyers. Maybe he can hide behind them instead of…

  • Quote of the Day: I Like to Throw a Dollar on the Floor Attached to a String and Watch Them Chase It

    Elie Mystal
    27 Jan 2012 | 3:50 pm
    A. Gail Prudenti It’s the best chambers in the state. Believe me, I know. I’ve seen them all. – Judge A. Gail Prudenti commenting to the New York Times about pleasing chambers afforded to the Brooklyn Presiding Judge. Prudenti was recently promoted to Chief Administrative Judge of the Courts of New York State, creating a vacancy for the position of Brooklyn’s Presiding Judge. 19 judges have applied for the position, apparently because the Brooklyn Presiding Judge doesn’t have to work in a spider hole like the rest of the borough.
 
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    Simple Justice

  • Mourning the Passing of Geeklawyer

    SHG
    27 Jan 2012 | 7:05 am
    He was outrageous.  He was as offensive as anyone on the internet.  He was geeklawyer, a pseudonymous British barrister whose vulgar satirical view of the world reflected the incorrigible days of the blawgosphere, and later twitter.  Via my dear pal CharonQC comes the sad news of Geeklawyer's passing. No, he didn't die.  You see, he wasn't real.  Geeklawyer was a fun persona that existed only to screw around with the prisses in the profession and online, the ones who would "harrumph" and "tsk" at the "undignified" behavior of the internet…

  • Reason Number 3 To Go To Cocktail Parties

    SHG
    27 Jan 2012 | 6:20 am
    Lee Pacchia of Bloomberg Law interviews New York Times reporter David Segal, the guy whose feature articles caused more lawprofs to put fingers to keyboard than any other, not to mention spittle to screen. There are things he says (and he's written) that strike me as accurate, and things that strike me as just plain wrong, as interpreted from the outside without much of a grasp of the inner workings.  One argument Segal makes, where he applies basic economics of supply and demand to the availability of reasonably priced legal services, seems particularly misguided, ignoring the…

  • A Man Walks Into A Bank

    SHG
    27 Jan 2012 | 5:26 am
    The crime charged is bank robbery, not ordinarily considered an impulse crime of the sort that can be easily understood as an aberrational act resulting from either momentary psycho-emotional overload or an altered state of reality.  People plan bank robberies. After thinking, they execute the plan.  It's a very thoughtful crime.After Feliz Vega, Jr., was arrested for bank robbery in Georgia, however, his lawyer announced a curious defense.  Vega was taking Paxil, and it was the drug that prevented Vega from distinguishing right from wrong.  Paxil, an SSRI…
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    Law and Magic Blog

  • Witches Call In Supernatural Assist For Patriots In Game With Broncos

    lpcprof
    14 Jan 2012 | 10:41 am
    The witches were out in Salem, Massachusetts yesterday (Friday the 13th) to assist Tom Brady and the Patriots (how appropriate--and how forgiving) as they prepare to take on Tim Tebow and the Denver Broncos whatever day they do that (I'm not really a football fan--it is football they play, right?) The witchly folk held a seance (a seance? isn't that a spiritualist practice?) at noon to "send out mojo" and "call angels" (what a combination) to help out the team. More here. I'm assuming the witches are asking for good karma, as it were, for the Patriots,…

  • Harry Potter and Tort Law

    lpcprof
    13 Jan 2012 | 1:03 pm
    Scott Hershovitz, University of Michigan Law School, is publishing Harry Potter and the Trouble with Tort Theory in the Stanford Law Review. Here is the abstract. Economists argue that tort law promotes an efficient allocation of resources to safety, while philosophers contend that it dispenses corrective justice. Despite the divide, the leading tort theories share something in common: They are grounded in an unduly narrow view of tort. Both economists and philosophers confuse the institution of tort law with the rules that are distinctive of it. They offer theories of tort’s substantive…

  • So You Really, Really Like To Copy Things

    lpcprof
    5 Jan 2012 | 12:28 pm
    The Swedish government has formally recognized copying and file sharing, via the Missionary Church of Kopimism, as a religion. No joke. See here. See the Church's website here. Imitation is the sincerest form of worship?
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    What About Paris?

  • Pantheon: Charlotte Rampling. "Still smoldering."

    Holden Oliver (Kitzbühel Desk)
    28 Jan 2012 | 10:59 pm
    Great gifts, persistence and drive are hard to beat. If you don't know who Charlotte Rampling, do find out. Ah, Charlotte. You made up for many of the rest of us. You started with much--so you worked even harder. Into The Pantheon, Enduring One. "Still smoldering" after thirty plus years in three languages. Even Paul Newman was blown away. We're not worthy. Please stick around and help for another thirty years.

  • Living Well: Glorious John Dryden.

    Holden Oliver (Kitzbühel Desk)
    27 Jan 2012 | 11:59 pm
    A London Renaissance man. During his life John Dryden (1631-1700) had few peers as a well-rounded English man. The major literary influence and figure of his time, Dryden was poet, critic, playwright and leader. Indeed, the period of England's Restoration is also called the Age of Dryden. Samuel Johnson, born a few years after Dryden's death, once called Glorious John's compositions "the effects of a vigorous genius working upon large materials".

  • In Progress: Bennet Kelley's 2012 Working World Hacklist.

    JD Hull
    27 Jan 2012 | 4:03 pm
    Steal a peek: Hack Exchange 2012 through January 27, 2012, courtesy of the founder, B.G. Kelley.
 
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    Legal Juice

  • Four Years In Prison For Driving A Riding Mower Through Town?

    27 Jan 2012 | 11:05 pm
    Can you really get four years in prison for driving a riding mower through town? Yes, you can. As you might expect, there's more to it than that. As reported by qconline.com: For the sixth time in his life, William "Pete" White is heading to the Illinois Department of Corrections.

 A Mercer County judge sentenced the former Viola man Tuesday to four years in prison for driving with a revoked license back on July 18, 2011. Mr. White, 43, was arrested for driving a riding mower through town.

Mr. White's defense attorney, Dan Dalton, argued he never had seen someone sent to prison for…

  • Not Your Average Snack Time

    26 Jan 2012 | 11:08 pm
    It's really nice when a 4-year-old brings snacks to school to share with his friends, right? Well, let's just say the boy's intentions were good. As reported by news4jax.com: Police in Connecticut are investigating after they say a 4-year-old special needs student brought nine bags of marijuana to school and offered it to his friends during snack time. Meriden police planned to seek an arrest warrant for the boy's mother on charges of risk of injury to a child, possession of a controlled substance and intent to sell, according to the Meriden Record-Journal. A teacher at Hanover Elementary…

  • Dad Picks Wrong Woman To Be His Son's "First"

    25 Jan 2012 | 11:02 pm
    It should go without saying that every kid ought to hear "the talk" from his parents. But a 42-year-old British dad apparently wanted to go the extra mile for his 14-year-old son - by hooking him up (sorry) with a prostitute! Alas, the woman dad approached was ... a cop! And, of course, now dad is ashamed. The father's barrister Matthew Smith said: "There is a thorough sense of shame the defendant feels. Said the Judge, per the BBC News: What you were doing that night was to expose your 14-year-old son to a prostitute because you didn't know she was a police officer. You have a duty of care…
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    Point Of Law

  • NYC Transit Authority forbids drivers from calling police? - PointOfLaw Forum

    Ted Frank
    11 Jan 2012 | 7:46 am
    Eric Turkewitz confirms that this is an official policy (via Overlawyered), and that it appears to be litigation-driven—though, as Turkewitz argues, it may end up increasing civil liability to New York taxpayers in addition to the obvious increased threats to...

  • Wherein George Soros wastes his money - PointOfLaw Forum

    Ted Frank
    11 Jan 2012 | 6:53 am
    At Media Matters, David Lyle is critical of my post about Michael Greve's new paper. But he exhibits no evidence of having read Greve's paper: he just asserts that it's wrong, without addressing the Commerce Clause issues Greve raises, much...

  • Capriccioso on Cobell appeal - PointOfLaw Forum

    Ted Frank
    10 Jan 2012 | 7:27 am
    Indian Country Today looks at the latest filings in the Cobell v. Salazar appeal. It's worth noting that, notwithstanding fulminations from the plaintiffs' attorneys, the appeal hasn't yet delayed the settlement at all: even if there had been no appeal,...
 
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    On Point

  • Bystander Claims 'Swoon and Fall' Injuries at Church

    17 Jan 2012 | 8:47 pm
    In yet another "swoon and fall" case against a church, an Illinois woman claims she was injured during a church service when a parishioner who was receiving the “spirit” fell backward, knocking several other worshipers into her.

  • Jurors' Comments Fuel New Trial Bid in Bullying Case

    11 Jan 2012 | 12:11 am
    Jurors may have opened the door to a new trial in a Maryland school bullying case by saying they returned a verdict for the defense because they were afraid of setting a bad precedent for school systems throughout the country.

  • Abuse Victim Can Sue Ex-DA Over 'Sexting' Messages

    14 Dec 2011 | 6:36 pm
    A Wisconsin judge has protected a domestic violence victim from a rogue prosecutor, finding that she can sue him for sending her text messages in which he pressured her to have sex with him.
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    The BLT: The Blog of Legal Times

  • In Howrey Case, Hispanic Farmers Implore Judge Regarding Representation

    Matthew Huisman
    27 Jan 2012 | 4:15 pm
    Hundreds of Hispanic farmers who had been represented by Howrey in a suit against the federal government alleging discriminatory lending practices, have asked a federal judge to ensure that they aren’t left without representation. Howrey’s bankruptcy trustee filed a motion last month to allow the estate withdraw from the case, but the farmers don’t want Howrey to go. Earlier this month the judge approved the request. Stephen Hill, a former antitrust partner who has been working on the case since 2002, told our sister publication Am Law Daily that he plans to stick with the case. Read up…

  • Park Service Alerts Court of Intent to Enforce No-Camping Rules for Occupy D.C.

    Zoe Tillman
    27 Jan 2012 | 2:46 pm
    Updated at 5:23 p.m. The National Park Service alerted Occupy D.C. demonstrators today of its intent to begin enforcing a no-camping rule starting on Monday, and also filed notice (PDF) with the federal judge overseeing the protesters' case against the agency about the warning this afternoon. Attorneys for the Occupy D.C. demonstrators and the U.S. Department of the Interior are due in court Jan. 31 to argue over a preliminary injunction motion. The demonstrators have sued to keep the park service from removing any tents or property from McPherson Square, which they claim would be a…

  • Sudanese Bishop Granted Asylum in U.S., with Covington's Help

    Matthew Huisman
    27 Jan 2012 | 2:18 pm
    Lawyers with Covington & Burling in Washington helped to secure asylum for a Sudanese Episcopalian Bishop after he became a target for his support of South Sudan, the firm said Friday. Bishop Andudu Adam Elnail is a native of the Sudanese province of South Kordofan, which borders South Sudan to the north. Elnail came to the U.S. seeking medical treatment in May 2011. In June 2011, a conflict broke out between the Army of Sudan and the Sudan People’s Liberation Army/Movement in South Kordofan. About the same time, Covington began representing Elnail’s quest for asylum pro bono.
 
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    Ask the Lawyer @ Dear Esq.

  • Can a Family Court Dictate the Religion in Which Children of Divorce Participate?

    Jessica
    27 Jan 2012 | 5:52 pm
    Can a family court dictate the religion that children of a divorce are raised or participate in? Can they dictate that a child attend religious classes? Does this fall under separation of church and state?

  • What do Real Property Records Recordings Really Mean?

    Jessica
    27 Jan 2012 | 3:42 pm
    I received an “Unauthorized use of Easement” letter from the electric company notarized and signed by an attorney. The electric company is recording the unauthorized use of the easement in Real Property Records in our state of Texas.

  • Ex Wants to go Renege on Divorce Agreement and Claim All Kids on Taxes

    Jessica
    26 Jan 2012 | 5:19 pm
    Hi, I just finalized my divorce this month, in the state of Arizona. My ex and I have 3 children together. In the papers I agreed that my ex would claim the oldest each year, and the youngest every other year. I just went on the IRS website and realized that I did not have to agree to this, the court mediator said I didn't have a choice that I had to let him claim the children that way because he was paying support for the kids, (althought he hasn't paid anything since he moved out, a year ago.)
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    JURIST - Paper Chase

  • BP ordered to share partial liability with Transocean in oil spill claims

    27 Jan 2012 | 3:21 pm
    [JURIST] Judge Carl Barber of the US District Court for the Eastern District of Louisiana [official website] Thursday issued an order [text, PDF] that British Petroleum (BP) [corporate website] will be held liable for a portion of the damages owed by Transocean [corporate website] stemming from the Deepwater Horizon oil spill [BBC backgrounder; JURIST news archive]. BP will be required to indemnify Transocean against damages created by the pollution itself that are awarded throughout the litigation [materials] pending against it. BP will not be required to pay an punitive damages or civil…

  • Guatemala court orders ex-dictator to stand trial

    27 Jan 2012 | 12:22 pm
    [JURIST] Guatemalan Judge Carol Flores ruled Thursday that ex-dictator Rios Montt must stand trial for charges of genocide and crimes against humanity. The judge heard the prosecutor's initial statements Wednesday and decided Thursday that the evidence was sufficient to go to trial. Montt is being charged for crimes committed throughout the country's 36-year civil war [BBC timeline], which officially ended in 1996. Montt was a general in the military who became dictator after a coup in 1982 but lost power a year later as a result of another coup. His charges are based on 72 incidents that…

  • US lawmakers request information on new Google privacy policy

    27 Jan 2012 | 12:20 pm
    [JURIST] US Representative Edward Markey (D-MA) [official website; press release] and seven other lawmakers Thursday sent a letter [text, PDF] to Google CEO Larry Page [NYT backgrounder] containing 11 questions regarding consumer privacy rights as affected by Google's new privacy policies [corporate website]. The letter states that the privacy policy and Google's consolidated data sharing system raise questions about whether consumers can opt out of the new system, either globally or on a product-by-product basis. As Co-Chairman of the Congressional Bipartisan Privacy Caucus, Markey also…
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    The Criminal Lawyer

  • When Incarceration Shot Up and Crime Plummeted

    Nathan
    24 Jan 2012 | 9:13 pm
    The January 30 issue of the New Yorker has an intriguing article by Adam Gopnik, “The Caging of America: Why do we lock up so many people?” Perhaps we’ve grown a bit cynical, but we expected yet another inane media whine about increasing rates of imprisonment “despite” fewer crimes being committed. We were surprised to find a thoughtful — at times insightful — look not only at the reality of American incarceration, but also at what causes crime to go up and down. It’s rare enough for a news or magazine writer to do even that much. To his credit,…

  • Statistics and the Serial Killer

    Nathan
    16 Jan 2012 | 1:42 pm
    Andrei Chikatilo was serial killer who murdered at least 56 young women and children starting in 1978 until his capture in 1990. The details are as bad as one might expect, and apparently the murders and mutilations were how he achieved sexual release. His killings seemed unpredictable to investigators at the time, and even in retrospect there appears to be no clear pattern. Now, however, UCLA mathematicians Mikhail Simkin and Vwani Roychowdhury have published a paper where they see not only a pattern, but one that is meaningful to those who might want to stop other serial killers. In their…

  • Correct, but Wrong: SCOTUS on Unreliable Eyewitness Identification

    Nathan
    12 Jan 2012 | 4:22 pm
    In this Information Age, it is hard to grasp sometimes that everybody does not know everything. And yet it is so. It is common knowledge, for example, that dinosaur fossils are the bones of creatures that lived scores of millions of years ago, that terrorist hijackers flew planes into the World Trade Center and the Pentagon, and that eyewitness identification testimony is statistically as reliable as a ’78 Chevy. And yet there are tons of people who sincerely believe that fossils are just a few thousand years old, that the U.S. government conducted 9-11, and that an eyewitness I.D. is…

  • Still here

    Nathan
    11 Jan 2012 | 5:01 pm
    We haven’t gone anywhere. Well, actually we did. We spent a couple of weeks visiting family for Christmas and New Year’s. And then took a week getting back on top of work. In the meantime, a dozen great post topics have come to mind only to be forgotten (or, if we happened to have a pencil handy, rapidly jotted down for later rejection). Still, we’ve managed to put out some more installments in our illustrated guide to criminal law. Part 8 on actus reus just went up, and you can click the link at the right to see the whole series. Next up is attempt, then we’ll cover…

  • Be Right Back

    Nathan
    21 Dec 2011 | 8:02 am
    Any SEO guru worth his fee will tell you that, once your blog gets some mention or award or whatnot, you need to pump out a lot of content right away. Otherwise, people who come to visit out of curiosity will stop coming back when they don’t see updates. And I have no reason to doubt that they’re right. Nevertheless, we don’t write this for the hits. So after the ABA Journal very kindly put us on their blawg list a couple of weeks ago, we didn’t start churning out more posts — on the contrary, we’ve only had one substantive post since then. There has been…
 
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    The Volokh Conspiracy

  • We’re Changing Hosting Platforms Tonight

    Eugene Volokh
    27 Jan 2012 | 8:21 pm
    (Eugene Volokh) Comment posting will be disabled; with luck, this change and some others should keep our site from going down, and also help us fix the delayed comment posting problem that has been plaguing us for the last few weeks. Keep your fingers crossed ....

  • Anxiety Is Not a Policy for Drones and Targeted Killing

    Kenneth Anderson
    27 Jan 2012 | 3:00 pm
    (Kenneth Anderson) A current meme on drones and targeted killing is that although they might indeed reduce civilian harm and offer greater protection to one’s own force — more precision and discriminating use of force — they are nonetheless bad because they have another effect, viz., that they reduce the inhibition that political or military leaders have in the use of force.  So, for example, this past Sunday, the justly-famed Brookings expert on robotic war and author of the path-breaking Wired for War, Peter Singer, wrote in an op-ed that, on the one hand, he supported most of the…

  • Tenth Circuit Upholds Stolen Valor Act

    Eugene Volokh
    27 Jan 2012 | 2:26 pm
    (Eugene Volokh) From today’s United States v. Strandlof (10th Cir. Jan. 27, 2012): As the Supreme Court has observed time and again, false statements of fact do not enjoy constitutional protection, except to the extent necessary to protect more valuable speech. Under this principle, the Stolen Valor Act does not impinge on or chill protected speech, and therefore does not offend the First Amendment. One judge dissents from the panel decision, reasoning: The majority holds that such statements — at least when made knowingly and with an intent to deceive — are categorically beyond the…
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    Balkinization

  • Bad Ads in Mass.

    Joey Fishkin
    25 Jan 2012 | 3:39 am
    Following up on Mark’s post, a further problem with the Brown-Warren agreement is that not all ads “for” or “against” a candidate make their case effectively. Some are wholly ineffectual and others are actually counterproductive, indirectly reminding voters of why they disagree with the ad’s message.This creates opportunities for mischief. If I were a really savvy Brown operative (by which I mean, of course, not a current campaign staffer, but perhaps an ex-staffer, college roommate, childhood best friend, or someone else officially “independent”), I’d run the worst,…

  • What Am I Missing?

    Mark Tushnet
    23 Jan 2012 | 7:32 pm
    According to reports, Elizabeth Warren and Scott Brown have reached an agreement -- the near-final version of which is, with grammatical warts and all, available here -- expressing their opposition to "outside" spending in connection with their campaigns for the Senate. As summarized, the agreement is this: "Brown said his campaign would have to donate 50 percent of the value of any spending on his behalf to a charity of Warren’s choice, and she would have to do the same to a charity of his choosing if he was targeted with an outside ad benefitting her." On its face, this agreement seems to…

  • Favorite Son/Daughter Candidates

    Gerard N. Magliocca
    23 Jan 2012 | 11:09 am
    Normally I wouldn't post on something that has nothing to do with law, but in this case I can't resist. If Newt Gingrich wins the Florida primary and turns the campaign for the GOP nomination into a long fight, I wonder whether we might see an old-style tactic reemerge; namely, local politicians running in their home state to win delegates and thereby prevent anyone from getting a first-ballot majority. For example, Mitch Daniels could run in the IN primary in May, Mike Huckabee could run in the AR primary in May, Mitch McConnell could run in the KY primary in May, etc.People could have many…
 
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    Concurring Opinions

  • Contracts in the Real World: Ready for Pre-Ordering

    Lawrence Cunningham
    28 Jan 2012 | 5:08 am
    This new book on contracts, regaling readers with stories ripped from the headlines, will be published soon and can be pre-ordered now on amazon.com and other fine booksellers.   Contracts in the Real World: Stories of Popular Contracts is intended to be a fun, fast, reliable read. It is very useful for 1Ls struggling with the subject, perfect for anyone thinking about going to law school, and designed to entertain devotees of pop culture. It will also captivate experts in contract law by connecting current events with venerable principles and classic cases. Stories feature such…

  • Illinois Law Review, Issue 2012:1 (January 2012)

    University of Illinois Law Review
    27 Jan 2012 | 6:00 pm
    University of Illinois Law Review, Issue 2012:1 Please see our website for past issues Articles A Positive Political Theory of Rules and Standards – Frank Cross, Tonja Jacobi & Emerson Tiller  (PDF) The People Paradox – Nicole Stelle Garnett  (PDF) Contract’s Constitutive Core: Solving Problems by Making Deals – James A. Henderson, Jr.  (PDF) Fairness Versus Welfare in Health Insurance Content Regulation – Amy B. Monahan  (PDF) David C. Baum Memorial Lecture The Power of Persuasion Before and Within the Supreme Court: Reflections on NEPA’s Zero for…

  • The Destruction of AIG Continues

    Lawrence Cunningham
    27 Jan 2012 | 5:37 pm
    Accompanying pictures of 70 Pine Street, Lower Manhattan, were taken today, a busy Friday in downtown New York, with no one in sight but me and a security guard. Home for more than 30 years to AIG, the US-government owned company sold the iconic tower two years ago for a song: the buyer paid $150 million and then resold the building one year later for $200 million. The second buyer closed the office building and is turning it to condos.   Leaving $50 million on the table is an embarrasment, though it may seem a small sum in the context of the $182 billion of funds government poured…
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    The University of Chicago Law School Faculty Blog

  • Video: Law School Faculty on United States v. Jones

    UChicagoLaw
    23 Jan 2012 | 1:32 pm
    Today the Supreme Court handed down a decision in United States v. Jones which held that attaching a GPS device to a vehicle and then using the device to monitor the vehicle’s movements constitutes a search under the Fourth Amendment. In November, after the Court heard arguments, we interviewed several faculty members about the caseCare to see how their predictions turned out? See the video embedded below.

  • Remembering Judge Terence Evans

    Steve Sanders
    11 Aug 2011 | 4:18 pm
      One Sunday morning in the fall of my third year of law school, Judge Terence Evans called to offer me a clerkship in his chambers for the following year.  A judge on the 7th Circuit U.S. Court of Appeals, Evans was calling from his office in Milwaukee, but he got interrupted and had to put me on hold.  After coming back on the line, he explained that his wife had called to remind him to pick up beer for their cookout that afternoon.  Here, plainly, was one federal judge who didn't take himself too seriously. Judge Evans, who had recently taken senior status, died last night at the age…

  • The 14th Amendment Meets the Bankruptcy Code

    Randy Picker
    29 Jul 2011 | 4:45 pm
    The danger of blogging—especially late on Friday in the Summer—is that it is too easy to jump in on issues that you haven’t considered fully, but I guess that is one of its joys as well. As an outsider to constitutional law, I have found the discussion of the 14th amendment a tad odd. Section 4 of the 14th Amendment provides that “[t]he validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any…
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    Sui Generis-a New York Law Blog

  • Pre-Order My Latest Book "Cloud Computing for Lawyers" [UPDATED]

    NBlack
    25 Jan 2012 | 7:18 am
    UPDATE: You can read the Introduction here. My latest book, "Cloud Computing for Lawyers" is now available at the ABA's online store. You can pre-order it here. I can't tell you how excited I am about this book! It includes a ton of useful information from leaders in the legal technology field, including: The foreward, written by Richard Susskind The ethics chapter, written by Steph Kimbro Contributions from Robert Ambrogi, Ben Schorr, Allison Shields, Tomasz Stasiuk and more Expert advice and practical commentary from Howard Lenow, Jonathan Jaffe, Finis Price, Ben Stevens, Russell Leisner,…

  • New York State Ethics Committee On Lawyers Using Groupon-type Services

    NBlack
    24 Jan 2012 | 1:54 pm
    This week's Daily Record column is entitled "New York State Ethics Committee On Lawyers Using Groupon-type Services." A pdf of the article can be found here and my past Daily Record articles can be accessed here. New York State Ethics Committee On Lawyers Using Groupon-type Services It’s been years since the economy was booming and although the recession is technically “over,” it sure doesn’t feel like it. Which is unfortunate for the legal profession since, when money is tight, the last thing people want to do is hire an attorney unless it’s absolutely necessary. For that…

  • Oregon Ethics Board on lawyers, cloud computing

    NBlack
    19 Jan 2012 | 8:52 am
    This week's Daily Record column is entitled "Oregon Ethics Board on lawyers, cloud computing." A pdf of the article can be found here and my past Daily Record articles can be accessed here. Oregon Ethics Board on lawyers, cloud computing As cloud computing picks up speed and becomes more commonplace, lawyers are beginning to sit up and take notice. And, understandably, many who are considering using cloud computing services in their law practice wonder about the ethics of using these services, since doing so means that confidential client information is stored on servers owned and…
 
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    Conglomerate

  • Law & Strategy

    Gordon Smith
    27 Jan 2012 | 11:53 pm
    "The laws of economics explain how people make money. But another kind of law -- written by legislatures, bureaucracies, and courts -- often determines who gets what share." Make the Rules or Your Rivals Will by Richard Shell is a book about law and strategy. Law professors teach and write about topics like public choice, agency capture, rent seeking, etc., but I don't often hear law professors talking systematically about the use of law for strategic purposes. We tend to organize our thinking around doctrinal areas and around various legal skills. The systematic study of law and strategy…

  • Are Lenders Overestimating Property Values Prior to Foreclosure? And if so, why?

    Tom Fitzpatrick
    27 Jan 2012 | 5:36 pm
    Originally, I was hoping to start this post with a link to some research a colleague and I just completed that discusses how lenders may be overestimating property values prior to foreclosure. But it has not made it through formatting and on to the web yet, so I will instead share the findings with you. In this research we find that lenders may be overestimating property values prior to foreclosure in weak housing submarkets. (By “lender” I mean banks servicing their own loans or securitized loans.) We find evidence of overestimating values by looking at the difference between the sale…

  • Should CEO Pay Be Set In Reference To Pay Given To The Firm's Other Executives?

    David Zaring
    27 Jan 2012 | 10:27 am
    Broc Romanek thinks yes, so we'll outsource to him: We've told the story about how American capitalist J.P. Morgan is reputed to have had a rule that he would not invest in a company whose CEO was paid more than 50% above the executives at the next level. He reasoned that, if the CEO was paid more, he wouldn't have a team but only courtiers. Internal pay is a primary factor when a company determines how to pay its workforce - why shouldn't that principle apply to how CEOs get paid? It's shocking to me how few companies employ internal pay equity today. It's use by DuPont, Whole Foods and a…
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    ms-jd.org

  • Best of Levo League, Week Ending January 27, 2012

    Ms. JD
    27 Jan 2012 | 12:06 pm
    Image:  msjdlevo.jpg Editor's Note: Ms. JD is proud to announce our newest strategic partnership with another online community for professional women, the Levo League! Here are our favorites from Levo League's recent publications. 1. The Wednesday WTF Way back in 1983, Working Woman magazine conducted a survey reported by the New York Times. The conclusion of this survey? That, according to 56 percent of the employed men and 43 percent of the employed women in the survey, career-oriented women should not be mothers. Fast-Forward to 1998: The University…

  • Ms. JD Weekly Round-up: Week Ending January 27, 2012

    Ms. JD Weekly Roundup
    27 Jan 2012 | 1:38 am
    Image:  ms_jd_weekly_round-up.jpg Get out your calendars, there is so much good stuff on the horizon in 2012: February 3rd at the ABA Mid-Year in New Orleans join us at Visible Invisibility: Breaking Down Barriers to Women's Leadership February 23rd join us at the NAWL Mid-Year in Los Angeles October 6th, don't miss Ms. JD's 5th annual conference She Leads, in D.C. December 6-7th finish out the year strong at the ABA WILL Academy! Every now and then the personal is political, like when you need to breastfeed your newborn baby and you're a member of parliament. This week's viral…

  • Ms. JD and Levo League Partnership - The DQs Show Us Why Women Helping Women Works!

    K.M.L.H.
    24 Jan 2012 | 1:08 am
    Image:  ms._jd_levo.jpg Editor's Note: Ms. JD is proud to announce our newest strategic partnership with another online community for professional women, the Levo League! (www.levoleague.com) Through our partnership, Ms. JD and Levo League will share content, plan joint events, and even offer online bootcamps. Look for more exciting announcements about the partnership in the coming weeks! Ms. JD views this partnership as an important step forward along the theme of women helping women. In that vein, we sought out a great example of how women can help women for our first joint post. We…
 
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    Biker and Motorcycle Lawyer Blog

  • Happy New Year from the Biker Law Blog

    Norman Gregory Fernandez
    31 Dec 2011 | 2:34 pm
    California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez, Esq., Courtesy of the Riverside Press Enterprise Newspaper, and Jennifer Fraley of Sunshine Photography As the year 2011 comes to an end, I would like to take this time to wish all readers of the Biker Law Blog a Happy New Year. For those of you reading this message before the clock strikes midnight, make sure that no matter what you do not drink and drive tonight. Alcohol is one of the most powerful drugs known to man. Driving after drinking is almost like playing Russian Roulette except that you are putting…

  • A Life Changed in an Instant, the anatomy of a Motorcycle Accident

    Norman Gregory Fernandez
    17 Dec 2011 | 10:32 pm
     ** December 19, 2011 Update: I regret to inform you that David Landowski the rider of  the motorcyle, age 53, died of his injuries Sunday night. May he rest in peace. The following news was reported today as a short blurb in the press. Northridge – California A motorcyclist suffered severe injuries during a two-vehicle crash in Northridge, California police said today. The traffic accident occurred about 6 p.m. Friday at the intersection of Lindley Avenue and Rayen Street, according to the Los Angeles Police Department’s Valley Traffic Division. According to police, Charles…

  • Weekend Warriors

    Norman Gregory Fernandez
    11 Dec 2011 | 7:40 pm
    California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez It has been estimated that approximately 90% of all motorcycle riders are weekend riders only. That is, they only ride their motorcycles on Saturday or Sunday only. I am not sure how true this statistic is, because I sure see a lot of guys and gals riding their motorcycles to and from work during the week. Hell, in some cities like San Francisco, there are hundreds of motorcycles and small scooters parked in downtown during working hours. If the statistics are true that most people who ride motorcycles are…
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    PT-LawMom

  • Weekly MILP Roundup #236

    ptlawmom
    23 Jan 2012 | 7:42 am
    The Weekly MILP (Moms In the Legal Profession) Roundup** is hosted on a rotating basis at the Attorney Work Product, Attorney at Large and A Little Fish in Law School blogs and is usually posted no later than Monday.  Next week Proto Attorney will have it. Lag Liv is moving onwards and upwards (woot!) (Details…) Continue reading →

  • 2011 Year-End Wrapup

    ptlawmom
    5 Jan 2012 | 11:28 am
    1. What did you do in 2011 that you’d never done before?   Stopped working 24/7 and allowed myself to be okay with that (mostly). 2. Did you keep your new year’s resolutions and will you make more for next year?   I did not make any last year.  Going into 2012, I am resolving to join Continue reading →

  • Where Did My Baby Go?

    ptlawmom
    22 Nov 2011 | 6:25 pm
    For the first time since my divorce was finalized in 2008, Chapin is exercising his right to take Pumpkinhead at Christmas (alternating years).  Chapin who does not celebrate Christmas.  Not for religious reasons but because he grew up in Guatemala on a rural farm as one of 10 kids born to very poor parents.  So…  Continue reading →
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    Durham-in-Wonderland

  • Cline Suspended

    KC Johnson
    27 Jan 2012 | 4:12 pm
    The dysfunctional world of the Durham DA's office continues. A hearing on her case will take place on Feb. 13, assuming she does not resign first. Given Cline's delusional approach to affairs over the past several months, I'm not counting on an early resignation.WRAL has posted Franklin County Judge Robert Hobgood's order; based on his preliminary findings, Cline's chances in the Feb. 13 hearing do not appear good.Hobgood starts with a summary of the Allen case: he notes that evidence existed for Cline to bring the case to trial, but also finds that Judge Hudson's dismissal of the case…

  • Politics of Grievance at Duke [Updated: The Group, and Tim Tyson, Strike Back]

    KC Johnson
    22 Jan 2012 | 10:31 pm
    [Updated, Friday, 1.07pm: In the race-to-the-bottom among critics of the paper, none other than Tim Tyson--yes, that Tim Tyson--has weighed in on the matter. In virtually any other environment, Tyson would have no credibility to comment on public matters. This was, after all, a figure who so badly misjudged the lacrosse case that he participated, as a "teacher," in a candlelight vigil on behalf of false accuser Crystal Mangum (who he described as somebody's "sweetheart") a couple of hours before Mangum took the stage, in a highly . . . limber . . . fashion, in a local strip club.But in the…

  • Yet Another Cline Embarrassment (Updated)

    KC Johnson
    15 Jan 2012 | 2:13 pm
    [Updated, Thurs., 5.56pm: "Ahab" Cline will continue her quixotic quest against Judge Hudson, the N&O reveals. Cline--the person who, it's worth noting, wouldn't recognize the truth if it bopped her in the head--wrote that "it is truth telling time" for Durham County.][Updated, Wed., 4.22pm: Durham attorney Kerry Sutton (who played a minor role in the lacrosse case) has filed an affidavit urging the removal of Tracey Cline as Durham DA. In the affidavit, Sutton accuses Cline of "habitual intemperance" and conduct "prejudicial to the administration of justice." Sutton, not unreasonably,…
 
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    Legal Profession Blog

  • Tales From The Gulag

    Legal Profession
    26 Jan 2012 | 10:27 am
    The Iowa Supreme Court has links to a number of documents relating to proposals to revise Iowa's attorney advertising rules. The most recent documents consist of 47 pages of comments on the proposed rules. My friend Norman Bastemeyer, the former...

  • Theories Of Relativity

    Legal Profession
    26 Jan 2012 | 9:42 am
    The Florida Judicial Ethics Advisory Committee has recently opined: ISSUE Whether a county judge whose child works in the state attorney’s office in the same county is automatically disqualified in all criminal cases? ANSWER: No, but the parties should be...

  • No Misrepresentation For Unkept Promises To Cooperate

    Legal Profession
    26 Jan 2012 | 9:34 am
    An attorney who had previously been reprimanded, censured and suspended for three months has been suspended for one year and until further court order by the New Jersey Supreme Court. The attorney engaged in serious neglect and related violations in...
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    China Law Blog

  • China Rep Offices, Bankruptcies And The Perils Of Being Chief Representative

    Dan
    26 Jan 2012 | 7:55 am
    I know I keep reading how China's economy is just fine, but my firm just keeps getting more inquiries and more work relating to shutting down offices and companies in China.  Of those, the most heartbreaking are coming from Chief Representatives of China Representative Offices who are concerned about their own liabilities when their China Rep Office closes. Typically, the Chief Representative tells the Rep Office employees that the Rep Office is going to be shutting down. Naturally enough, the employees ask about their getting paid. The Chief Representative usually tells them not to…

  • China Product Quality Problem? Here's My Template Answer.

    Dan
    24 Jan 2012 | 11:18 am
    Because I receive countless emails every day and because so many of them involve the same questions, I have developed various templates to respond.  Here's the template I use when a US company writes me with a China product quality problem and the contract they have provided me is not good at all. Much of the time the US has no contract at all, but usually when they do have one, it is usualy so bad as to work against them. Here's my "stock" answer in that situation. This is our template response when the contract calls for arbitration in a US city but is pretty much silent on everything…

  • China Grammar Wiki. What A Great Idea!

    Dan
    22 Jan 2012 | 4:08 pm
    I think (and hope) this is the first time we have used an exclamation point in a blog post title and I assure you that this will not become common. I just am so impressed by the idea and the ingenuity and the hard work and the sheer helpfullness of the AllSet Chinese Grammar Wiki. I first learned of the Wiki from Ryan over at Lost Laowai, who in his post, "Chinese Grammar Wiki: Learning Chinese grammar just got easier," had this to say about it: AllSet Learning, the Shanghai-based language learning consultancy founded by long-time China blogger John Pasden, has just released what is surely a…
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    Patent Law Blog (Patently-O)

  • Patently-O Bits & Bytes by Lawrence Higgins

    Lawrence Higgins
    27 Jan 2012 | 1:03 pm
    2012 Student Writing Competition The Virginia State Bar Intellectual Property Section is seeking papers written by law students who are attending law school in Virginia or are residents of Virginia attending law school outside of Virginia and relating to an intellectual property law issue or the practice of intellectual property law. The winner receives a cash prize of $4,000. The judge of the final round of the competitor is the Honorable Richard Linn, judge of the U.S. Court of Appeals for the Federal Circuit. The deadline for submissions is Friday, May 25, 2012 at 4:00 EDT. [Link] New IP…

  • Recap of Recent AIA-related PTO Activities

    Rantanen
    27 Jan 2012 | 11:51 am
    By Jason Rantanen The America Invents Act contains several provisions that require the PTO to (1) issue new rules and (2) report back to Congress on specific patent-related issues.  In addition to the proposed Supplemental Examination rules I discussed yesterday, the PTO also recently published four other proposed sets of rules and completed two of its reports.  Proposed RulesSubmissions to the PTO: Two related sets of rules address submissions to the PTO, one implementing the preissuance submissions by third parties provision of the AIA and the other addressing post-issuance…

  • PTO Announces Proposed Rules for Supplemental Examination

    Rantanen
    26 Jan 2012 | 2:52 pm
    By Jason Rantanen Yesterday, the United States Patent and Trademark Office announced the proposed rules for supplemental examinations and proposed revisions to ex parte reexamination fees.  These proposals detail the supplemental examination process, including the information that requesters must submit, as well as the substantial fees that will be associated with post-grant review in the future.  The PTO will accept comments on the proposed rules until March 26, 2012.  The relevant Federal Register section is here: http://www.uspto.gov/aia_implementation/77fr3666.pdf. Major…
 
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    Law of the Game

  • Megaupload Shut Down, Provides Basic Lessons on Bad Business

    Mark Methenitis
    24 Jan 2012 | 7:49 am
    It’s been a crazy week with many crazy stories. Fears about the Stop Online Privacy Act created a massive online response, thrusting copyright reform into the national conversation. But while people were speculating on the future of intellectual property, the Department of Justice shut down Megaupload. Over the last five years, Megaupload had grown in popularity as an online “cyberlocker”. As broadband use explodes, the value of these companies is obvious. They are a user-friendly FTP where anyone can place files on a central server, to access them from a different locations or share…

  • The Ongoing Legal Battle Over Bit Torrent Gets More Interesting

    Mark Methenitis
    17 Jan 2012 | 9:08 am
    Since the beginning of its existence, BitTorrent has been a lightning rod for controversy. Comcast choosing to slow down or “throttle” the service’s traffic was one of the first shots fired in the ongoing battle over Net Neutrality. This is not just a problem here in the States. Canadian provider Rogers ”throttles more than any other internet provider in North America”. This issue is not going away. It speaks to many fundamental questions on the future of the internet, and also the future of video games. BitTorrent has exciting, perfectly legal applications. You can use it to…

  • Things to Watch for in 2012: O’Bannon v. NCAA

    Mark Methenitis
    10 Jan 2012 | 9:01 pm
    Here at Law of the Game, both Mark and myself are big college sports fans, particularly of the burnt orange and white. (Hook ‘em!) For those of you out there with similar obsessions, you have probably played one of EA’s NCAA Sports games and enjoyed coaching your alma mater to (imaginary) glory. You might have used one of the classic teams and enjoyed the golden years of Michael Vick at Virginia Tech, or Julius Erving at the University of Massachusetts. But does the fact that these games do not use player names mean they have the right to make similar characters without paying…
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    Legal Talk Network

  • Italy Costa cruise ship survivors offered compensation

    admin
    27 Jan 2012 | 9:22 am
    Rome (CNN) — Surviving passengers on the wrecked Costa Concordia cruise ship are to be offered a compensation lump sum of 11,000 euros ($14,400) each, the Italian Association of Tour Operators said Friday. Read the entire article at CNN.com

  • True Grit: BigLaw Struggles to Find the Right E-Discovery Formula

    admin
    27 Jan 2012 | 8:07 am
    Management of e-discovery is a challenge for large firms, whose clients present complex litigation with literally millions of electronically stored documents. In today’s competitive environment, firms have been exploring everything from e-discovery practice groups to vendor alliances, in order to attract clients. On Law Technology Now, host and Law Technology News’ editor-in-chief, Monica Bay joins John Rosenthal, partner at Winston & Strawn, and Paul Weiner, national e-discovery counsel and shareholder at Littler Mendelson, to discuss Law Technology News’ February issue cover…

  • Securing Electronic Law Firm Data for Big and Small Firms

    admin
    26 Jan 2012 | 2:02 pm
    Law firms are increasingly being targeted by hackers seeking to access confidential business and personal information. On The Un-Billable Hour, host Attorney Rodney Dowell, Executive Director at Lawyers Concerned for Lawyers and Director of LCL’s Massachusetts Law Office Management Assistance Program welcomes Digital Detectives co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, to discuss a variety of issues including: computer security, why attorneys are targeted and malpractice and ethics risks related to having…
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    Patent Baristas

  • Cancer Institute Sues Biotech Company for More than $1 Billion Charging IP Theft

    Stephen Jenei
    27 Jan 2012 | 7:00 am
    A nonprofit cancer research institute has sued biotechnology company Agios and one of its cofounders for more than $1 billion, alleging they took intellectual property developed at the institute and used it to start a for-profit business. The Leonard and Madlyn Abramson Family Cancer Research Institute, part of the Abramson Cancer Center at the University of Pennsylvania, alleges in the complaint that Dr. Craig B. Thompson and Agios Pharmaceuticals Inc. are developing cancer drugs based on  research conducted while Thompson worked at the institute.  Thompson is currently the President and…

  • Who Should Receive a National Medal of Technology and Innovation?

    Stephen Jenei
    26 Jan 2012 | 4:21 pm
    The USPTO is seeking nominations for the 2012 Medal of Technology and Innovation (NMTI), the nation’s highest honor for technological achievement, bestowed by the President of the United States on America’s leading innovators. A nomination form and detailed information about submission requirements can be downloaded here. All completed nominations must be submitted to the USPTO by 5:00 p.m. (ET), Mar. 31, 2012. The medal is awarded annually to individuals, teams (up to four individuals), companies or divisions of companies for their outstanding contributions to America’s economic,…

  • Advanced Summit on Medical Device Patents

    Stephen Jenei
    20 Jan 2012 | 4:25 pm
    What: American Conference Institute’s Advanced Summit on Medical Device Patents. A medical device specific intellectual property conference to provide you with practical and tactical strategies for patent filings and challenges, which are more critical than ever in this time of sweeping change. In response to the challenges facing the device industry in this daunting economic climate including the looming medical device tax, ACI’s Advanced Summit on Medical Device Patents provides a forum for the key players- preeminent in-house IP counsel, patent prosecutors and litigators, the PTO, and…
 
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    Religion Clause

  • Today Is International Holocaust Commemeration Day

    Howard Friedman
    27 Jan 2012 | 7:15 am
    Today is the United Nations'-declared annual International Day of Commemoration in Memory of the Victims of the Holocaust. Haaretz reports on plans in countries across Europe for marking the day. The January 27 date was chosen because it is the anniversary of the liberation in 1945 of the Auschwitz-Birkenau death camp by Soviet forces. The United Nations has sponsored a series of Holocaust Remembrance events this month, with an emphasis on this year's theme-- "Children and the Holocaust."

  • State Trial Court Upholds School Voucher Program

    Howard Friedman
    27 Jan 2012 | 6:20 am
    A trial court in Arizona's Maricopa County yesterday rejected state constitutional challenges to the state's "empowerment scholarship" program that makes school vouchers available to students with special needs so they can attend private or parochial schools.  According to the Arizona Daily Star, the court rejected claims that the program violates the state constitutional prohibition on appropriating public money in aid of any private or sectarian school (AZ Const., Art. 9, Sec. 10), and the provision in Art. 2, Sec. 12 of the state constitution that bars the appropriation of public…

  • Pennsylvania House Declares 2012 As Year of the Bible

    Howard Friedman
    27 Jan 2012 | 6:15 am
    On Tuesday, the Pennsylvania House of Representatives adopted House Resolution 535 by a unanimous vote of 193-0.  The Resolution (full text) provides in part:That the House of Representatives declare 2012 as the "Year of the Bible" in Pennsylvania in recognition of both the formative influence of the Bible on our Commonwealth and nation and our national need to study and apply the teachings of the holy scriptures.The Resolution begins with a number of "Whereas" clauses, such as one declaring that "the Bible, the word of God, has made a unique contribution in…
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    LIKELIHOOD OF CONFUSION®

  • Privacy rules!

    Ron Coleman
    26 Jan 2012 | 8:40 pm
    Everyone is going nuts over the changes to the Google privacy rules — so much so that the cool article to write now is, whoa, why is everyone going crazy over… you get it. The fuss is just something people write about.  Google already owns us.  Until something gives, it hasn’t decided to destroy us… well, [...]

  • Aargh.

    Ron Coleman
    25 Jan 2012 | 4:19 pm
    Originally posted 2006-07-31 11:35:07. Republished by Blog Post PromoterMarketplace from PBS recounts a confused phone interview with a bona fide trademark pirate. Aargh. (Three-cornered — or is it a coolie? — hat tip to Bill Heinze.) Related items Starting ‘em out young … and Europe Strikes Back: Google Loss Upheld by French Court RIAA: Pillar [...]

  • Survey says….

    Ron Coleman
    25 Jan 2012 | 4:19 pm
    Here’s a very good article by Arnold & Porter’s Randy Miller, strictly for trademark lawyers and those who encamp around them, on the Advertising Compliance website run by my old friend John Lichtenburger about an important development:  The Third Circuit’s decision in Pernod Ricard USA, LLC v. Bacardi U.S.A., known as “the Havana Club case” and [...]
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    Sentencing Law and Policy

  • "Capital Punishment and Contingency"

    Doug B.
    27 Jan 2012 | 4:57 pm
    The title of this post is the title of this interesting new piece by Professor Carol Steiker, which reviews David Garland's recent book on capital punishment titled "Peculiar Institution: America’s Death Penalty in an Age of Abolition." Here is a...

  • New NY Times report digs deeper into Mississippi pardon spree by Haley Barbour

    Doug B.
    27 Jan 2012 | 3:43 pm
    This lengthy new piece in the New York Times, which is headlined "Many Pardon Applicants Stressed Connection to Mississippi Governor," provides some additional information about links between outgoing Gov. Haley Barbour and many offenders who received clemency via his pen....

  • New major report documents costs and concerns with aging prison populations

    Doug B.
    27 Jan 2012 | 9:29 am
    Human Rights Watch has today released a major new report on US prison populations titled “Old Behind Bars: The Aging Prison Population in the United States." HRW visited nine states and 20 prisons to gather information for the report, which...
 
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    Grits for Breakfast

  • TX conviction overturned because of failure to challenge junk sciene in child death case

    Gritsforbreakfast
    28 Jan 2012 | 5:58 am
    Via PBS Frontline and ProPublica, a conviction for the death of a child was overturned this week by the Texas Court of Criminal Appeals because the defendant's attorney failed to challenge bogus medical evidence presented in the penalty phase of the case that the infant had been sexually assaulted:The Texas Court of Criminal Appeals [on Wednesday] set aside the conviction of Ernie Lopez, an Amarillo man found guilty in 2003 of sexually assaulting six-month-old Isis Vas. The baby died shortly after the purported attack.Lopez has been serving a term of 60 years in Texas prison for the crime.

  • "Old Behind Bars"

    Gritsforbreakfast
    27 Jan 2012 | 11:17 am
    From a Human Rights Watch press release:Aging men and women are the most rapidly growing group in US prisons, and prison officials are hard-pressed to provide them appropriate housing and medical care, Human Rights Watch said in a report released today. Because of their higher rates of illness and impairments, older prisoners incur medical costs that are three to nine times as high as those for younger prisoners.The 104-page report, “Old Behind Bars: The Aging Prison Population in the United States,” includes new data Human Rights Watch developed from a variety of federal and state…

  • Judge: State mental hospitals must take incompetent inmates within 21 days

    Gritsforbreakfast
    27 Jan 2012 | 7:01 am
    Big news for mentally ill defendants in Texas declared incompetent to stand trial, not to mention the state agency that is supposed to provide "competency restoration" services, which presently has a months-long waiting list. After a court ruling this week, such long delays have been deemed unconstitutional and state mental hospitals have been ordered to begin taking inmates within 21 days after they've been declared incompetent. Reports Andrea Ball at the Austin Statesman ("Judge: Mentally incompetent inmates being kept in jail too long," Jan. 26):Texas routinely violates the constitutional…
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    Drug and Device Law

  • Who Are We/What Can We Do?

    Bexis
    27 Jan 2012 | 11:36 am
    We’ve been blogging now, with one lineup or another, since November of 2006 – over five years.  As we’ve said on a number of occasions, such as here, our philosophy has always been that a rising tide lifts all boats.  It’s the nature of stare decisis (that earlier court decisions are the precedent on which later decisions rest) that defense wins anywhere tend to help other defendants everywhere.  We thus strive to keep the pharmaceutical/medical device defense community abreast of new decisions, new arguments, and (when we’re lucky) new strategies that can help win…

  • The State-of-the-Art Conte Defense

    Bexis
    27 Jan 2012 | 11:12 am
    Because of Dechert's involvement in Reglan litigation, we can't say as much as we'd like to (or used to) about so-called "Conte" liability - that is theories by which plaintiffs who only took generic drugs attempt to impose liability on the manufacturer of a branded bioequivalent that they neither bought nor consumed.  As we mentioned previously, that issue is currently pending in the Alabama Supreme Court in Wyeth v. Weeks, its first appearance in a state high court.We're willing to bet that the defense briefing in Weeks represents the current state of the art in defending/arguing…

  • On Performance Standards and Preemption

    Bexis
    26 Jan 2012 | 3:07 pm
    As we’ve mentioned before, the supposed “parallel violation claim” exception to medical device preemption has been frustratingly vague.  That’s because it originated in a complaint’s vague language that Medtronic, Inc. v. Lohr, 518 U.S. 470 (1996) – decided on a motion to dismiss – speculated might have stated such a claim.  A single paragraph of dictum in Riegel v. Medtronic, Inc., 552 U.S. 312, 330 (2008), seemingly recognizing the exception in the course of explaining that the plaintiffs had waived it, only made things worse.A new case, Walker v.
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    Crime and Consequences Blog

  • News Scan

    CJLF Staff
    27 Jan 2012 | 11:53 am
    Tougher CA Parole-Revoking Rules Struck Down: Bob Egelko of the San Francisco Chronicle reports a federal judge Thursday ruled that all of California's Proposition 9 provisions for parole revocation were invalid. Proposition 9, passed in 2008, did not guarantee parolees the right to present evidence at the hearings, allowed parole agents to testify about incriminating statements by witnesses who were not in court, required the state to provide lawyers only for parolees who appeared unable to defend themselves, and required the parole board to give more consideration to "the safety of victims…

  • So Long Governor Perdue

    Bill Otis
    27 Jan 2012 | 12:03 am
    Six weeks ago, North Carolina Governor Beverly Perdue vetoed a bill that in substance would have repealed the state's Killers' Bonanza Law, a/k/a Racial Justice Act.  The Act, rammed through by a partisan vote when the Democrats held the state legislature, allows murderers sentenced to death to challenge their sentences based on statistical evidence that blacks had been more frequently subject to capital punishment than whites in roughly similar circumstances.  The Act notably did not require the defendant to show that a single actor in his own case  -- …

  • Hating on the Ninth Circuit

    Kent Scheidegger
    26 Jan 2012 | 6:19 pm
    Joe Palazzolo has this post at WSJ Law Blog, titled, "Hating on the Ninth Circuit: Funny But a Little Depressing."  The topic is criticism of the Notorious Ninth by presidential candidates, the candidates' proposals, and some reaction from judges.Some of the statements by candidates are indeed off the wall.  Newt Gingrich's idea about issuing subpoenas to judges to appear before Congress is typical Newt half-baked.  Chief Judge Kozinski says, "They don't need a subpoena. All they need to do is ask."Two other judges comment without being named.  This comment is all too…
 
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    Crime Scene KC

  • Charge filed in Merriam killing

    Tony Rizzo
    27 Jan 2012 | 3:34 pm
    One of the two men described earlier as a "person of interest" is now charged in Johnson County District Court with killing Toby Rock.

  • Foreign envoy to be deported

    Tony Rizzo
    27 Jan 2012 | 11:15 am
    A federal judge in Kansas City made the order Friday in the case of the envoy from Taiwan prosecuted in trafficking case.

  • Dr_nk as a sk_nk

    Tony Rizzo
    27 Jan 2012 | 6:20 am
    I'll take a U Pat. Pat? You seem a little out of it dude.
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    TalkLeft

  • Friday Night Open Thread

    Jeralyn
    27 Jan 2012 | 6:59 pm
    Newt Gingrich's poll numbers drop. Do we really need to hear the 9/11 Demi Moore call? Why are they even public records when no crime is involved? How many people are less likely to call for help if they know their call will be spread over the internet by the local fire or sheriff's dept? Yesterday it was Google, the day before Facebook and today it's Twitter on the hot seat. Seems Twitter is going to start censoring tweets in countries that ban publishing on certain topics when they receive a takedown request. Examples: France and Germany restrict pro-Nazi content. [More...]…

  • FBI Soliciting for Apps Capable of Massive Social Media Datamining

    Jeralyn
    27 Jan 2012 | 5:21 pm
    The FBI has published a solicitation seeking applications capable of massive social media datamining. It says it is conducting "market research." The Federal Bureau of Investigations is conducting market research to determine the capabilities of the IT industry to provide a social media application. The tool at a minimum should be able to meet the operational and analytical needs described in the attachment. ......All submitted solutions should include price estimates for the respective solution(s) which will be reviewed and used for market research and planning purposes. You can download the…

  • Constitution Project Report on Proposed Cybersecurity Programs

    Jeralyn
    27 Jan 2012 | 1:03 pm
    The Constitution Project's Liberty and Security Committee has released a new report warning of the potential for privacy invasion in proposed cybersecurity intitiatives, especially those providing for sharing of information between the government and private sector. The full report is here. It is important that our nation develop and operate cybersecurity programs and policies to these vulnerabilities. These programs, however, pose a potential threat to Americans’ privacy rights and civil liberties. As proposals have arisen that would enable the federal government to move toward…
 
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    TheFunded Founder Institute News

  • LA and NYC Founder Institute Application Deadlines Approaching

    27 Jan 2012 | 1:35 pm
    Since 2009, the Founder Institute has helped launch over 50 startups across Los Angeles and New York City. Now we're getting ready to launch many more, as we gear up for new Spring 2012 Semesters in both cities. If you or someone you know could benefit from expert training and feedback to launch a technology startup in Los Angeles or New York City, then apply today.  The Final Application Deadline for the New York City Founder Institute is Saturday, February 4th. Sessions take place on Wednesday evenings from February through May.  The Early Application Deadline for Los…

  • Inside FI: 'The Devil is in the Details of Your Term Sheet' by @BarrySilbert

    27 Jan 2012 | 7:34 am
    Inside FI gives you exclusive access inside the training sessions of the Founder Institute. To get updates when we release new videos, follow us on Twitter or subscribe to our weekly newsletter here.  It's important to understand the details and negotiate favorable terms that align the interests of the entrepreneurs with the investors during the fundraising process. However, as Barry explains in the video below, “it’s worth taking a less attractive term sheet to work with investors you like.” Barry Silbert is an angel investor and the Founder and CEO of…

  • And the Founder Institute's 22nd Location is? St. Louis

    26 Jan 2012 | 3:40 pm
    We are very excited to announce the 22nd Founder Institute location: St. Louis, U.S.  If you or someone you know could benefit from expert training and feedback to launch a technology startup in the greater St. Louis area, click here to apply. St. Louis is on the ups for early stage entrepreneurship. In the past 6 months alone, a new seed fund making 10 investments of $50,000 per year, and a new business grant program making 10 grants of $50,000 per year, have been launched. The Founder Institute in St. Louis is ideally positioned to prepare entrepreneurs to take advantage of these…

  • TheFunded.com's Top Startup Investors of 2011

    26 Jan 2012 | 1:40 pm
    At last week's 9th Founder Showcase, we celebrated the best investors of 2011 with TheFunded.com's Entrepreneur Investor Awards. Anthony Ha of TechCrunch covered the awards here (including a video of the ceremony). Ben Horowitz of Andreessen Horowitz, George Zachary of Charles River Ventures, Philippe Herbert of Banexi Venture Partners, Yuri Milner of Mail.ru Group, and Dave McClure of 500 Startups all received awards.  Click here to see the story on TechCrunch, or here on TheFunded.com.   Congratulations to the winners, and thanks…

  • Video of FI Grad Spinnakr's Winning Founder Showcase Pitch

    25 Jan 2012 | 1:35 pm
    Last Thursday, over 300 people gathered in Silicon Valley for the 9th Founder Showcase, hosted by TheFunded.com and the Founder Institute. At the event, 8 companies competed on stage in a free pitch competition, and taking the Grand Prize was Michael Mayernick and Spinnakr - a service for displaying targeted messaging on your website based on the specific audience segments. Spinnakr graduated from the Washington D.C. Founder Institute, and is also in the current 500 Startups class. Here is the video of their winning pitch;     Coming in an extremely close second…
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    SCOTUSblog

  • Petition of the day

    Kali Borkoski
    27 Jan 2012 | 2:34 pm
    The petition of the day is: Bailey v. United StatesDocket: 11-770Issue(s): Whether, pursuant to Michigan v. Summers, police officers may detain an individual incident to the execution of a search warrant when the individual has left the immediate vicinity of the premises before the warrant is executed.Certiorari stage documents:Opinion below (2d Cir.) Petition for certiorari Amicus brief for the National Association of Criminal Defense Lawyers In association with Bloomberg Law

  • Friday round-up

    Marissa Miller
    27 Jan 2012 | 9:03 am
    Today’s clippings include further commentary on the Court’s decision in the GPS tracking case, United States v. Jones, as well as continuing coverage of the challenge to the Affordable Care Act. Writing for the Huffington Post, Susan Landau argues that the Jones decision is merely “one small step for privacy,” given that private companies can still collect sensitive information with few restrictions. Editorials in the Vallejo (Cal.) Times Herald and the Beaufort (N.C.) Observer take a similar view. At the WSJ Law Blog, Louise Radnofsky reports on the results of a new poll by the…

  • Petition of the day

    Kali Borkoski
    26 Jan 2012 | 1:34 pm
    The petition of the day is: Signature Pharmacy, Inc. v. WrightDocket: 11-748Issue(s): (1) Whether search warrants for a business that shares multi-occupancy buildings with others violate the particularity requirement of the Fourth Amendment where the warrants fail to identify the offices, floors or areas to be searched or the specific items to be seized, despite the officer’s knowledge of the business’s location within the buildings and the limited portion of the business under investigation; and (2) whether the Eleventh Circuit properly ruled that a lead officer with actual knowledge of…
 
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    NRO Articles

  • The Myth of GOP Stinginess

    Andrew C. McCarthy
    28 Jan 2012 | 3:00 am
    Mitch McConnell wanted you to know he was livid on Thursday. The Senate was about to Greece the wheels for adding yet another trillion and change to President Obama’s yet-again tapped-out credit card. “More spending, more debt,” brayed the minority leader. “That’s what we’ve gotten from this administration.” Well, no, Senator, that’s what we’ve gotten from you. Yes, I know, Obama is the one driving us off the cliff. But as McConnell and his fellow Republicans are well aware, he couldn’t have filled his tank without them — and…

  • The State of Our Union Is Broke

    Mark Steyn
    28 Jan 2012 | 3:00 am
    Had I been asked to deliver the State of the Union address, it would not have delayed your dinner plans: “The State of our Union is broke, heading for bankrupt, and total collapse shortly thereafter. Thank you and goodnight! You’ve been a terrific crowd!”Keep reading this post . . .

  • Obama’s Low-Ball Vision

    Larry Kudlow
    27 Jan 2012 | 4:00 pm
    You would think that with one of the weakest economic recoveries on record, President Obama would be desperately searching for ways to promote economic growth. It is, after all, an election year. Most pundit and pollsters agree that it’s the economy stupid. But instead, Obama used his State of the Union speech to rail on about fairness, inequality, and redistribution. The Obama strategy is simple: Tax the rich because they don’t pay enough.Keep reading this post . . .
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    Nuts & Boalts

  • Polly

    A. Fong
    25 Jan 2012 | 6:47 pm
    Dean H*rshen just sent out an update about Polly, who's been on medical leave for a while:Dear students,Some of you have been asking about Polly. After consulting with Polly and her family, Mind* and I wanted to let you know that Polly is gravely ill and unlikely to recover. She has a very aggressive form of cancer that has progressed rapidly. Many of you have asked what you can do and if you would like to drop off a card for Polly, we will be taking them to her. This is a very sad time for us and we know it may be difficult for some of you as well. If you would like to talk about this,…

  • SOPA / PIPA Update

    A. Fong
    20 Jan 2012 | 1:41 pm
    Two quick follow-ups to Wednesday's online blackout:First, in the face of tremendous opposition, both SOPA and PIPA have been put on hold. Yay Internet!Second, the day after the online protests, the Department of Justice took down the MegaUpload file locker based on allegations of piracy and is now pursuing a criminal case, even without SOPA / PIPA. If everything in the indictment is true, things don't look good for MegaUpload.But the DOJ's actions are extremely questionable from a due process perspective. MegaUpload was making efforts to comply with DMCA takedown notices.

  • Why SOPA and PIPA Are Bad News

    A. Fong
    18 Jan 2012 | 3:59 am
    Wikipedia, Google, and a number of other sites (including Tort Bunnies) have blacked out or partially censored themselves to protest the Stop Online Piracy Act (SOPA) in the House and the PROTECT IP Act (PIPA) in the Senate. The two bills would establish a "Great Firewall of America" to block access to foreign websites that infringe upon American intellectual property rights.A few reasons for why the bills are bad:First, the blocking would be overbroad. Proponents of the bills argue that the bills are narrowly targeted at infringing content. Unfortunately, infringing content is frequently…
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    Larry Bodine Law Marketing Blog

  • 14 Rules by In-House Counsel for Law Firms

    Larry Bodine
    27 Jan 2012 | 4:00 am
    Steve Boutwell, Director of Client Services at Kean Miller in Baton Rouge, posted In-house Insight: Outside Counsel Rules to Live By" on LinkedIn: 1) Follow my Outside Counsel Guidelines. Read them. Please don't call and ask whether or not a certain practice is acceptable, especially if it's already in my guidelines. 2) Responsiveness. Return my phone calls, and emails. Even if it's just to say, "I'm tied up right now, but I got your message." 24 hours for phone calls. End of day for email if at all possible. 3) Clear and concise communication. Keep written communications short…

  • Internet Marketing for Attorneys: SEO Makes Biggest Impact on Lead Generation

    Larry Bodine
    26 Jan 2012 | 4:00 am
    According to WebMarketing123’s 2011 State of Digital Marketing Report, which surveyed 500 B2B and B2C marketing professionals, SEO makes the largest impact when it comes to generating leads.  Hat tip to my friend Stephen Fairley who spotted this statistic. 53 percent of all survey respondents said SEO makes the largest impact on generating leads, followed by 28 percent for PPC and 19 percent for social media. Not surprisingly, 75 percent of the B2C marketers are most active on Facebook (75 percent), while B2B marketers are more active evenly across the three leading social…

  • Prominent Blogs Influence Hiring of Law Firms

    Larry Bodine
    25 Jan 2012 | 5:29 pm
    In a report that contained no new surprises, Greentarget found that blogs influence the hiring of lawyers, LinkedIn is the online network of choice for lawyers, and that social media use is going mainstream in the legal profession. For example, 76% of 334 in-house lawyers surveyed said they attribute "some level of importance" to a lawyer’s blog when deciding which firms to retain. [This isn't really saying much...] Confirming what we know, the study reported: Survey respondents indicated they read blogs written by firms slightly more often than they read blogs written by…
 
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    Deliberations

  • What Great Basketball Coaches Can Teach Us About Trial Prep

    Matt McCusker
    24 Jan 2012 | 11:40 am
    Dean Smith, the hall-of-fame University of North Carolina basketball coach, was a master at preparing his players for opponents. I once heard a story that described a time when Coach Smith had to get his Tarheels ready for an opposing team that had significant height at numerous positions around the court. Rather than having a normal practice, he gathered brooms and mops from the janitorial closet and distributed them to defenders as arm extenders to block shots. If Coach Smith’s players could shoot over brooms, then they could certainly shoot over their upcoming vertically-enhanced…

  • Don’t Call Me Fluffy: One Perspective on Mock Trials

    Matt McCusker
    18 Jan 2012 | 9:20 pm
    As a profession, litigation consulting sometimes faces a fluctuating level of credibility within the legal community. At times, trial attorneys question the necessity and even the validity of some trial consulting techniques. Similar to the blowback psychologists encountered at the birth of their field, uninformed naysayers have readily utilized the terms “fluff science” and “voodoo” to describe our work. In my opinion, this is not an accurate description. While I have anecdotally heard of incidents of litigation consultants ignoring a full analysis of questionnaire results in favor…

  • The Dangers of “Sending a Message” Through Damage Awards

    Matt McCusker
    27 Dec 2011 | 6:29 pm
    Colleen and Robert Middleton suffered an unspeakable tragedy. In 1998, their 8 year old son (Robbie) was allegedly set on fire by a sexual predator named Donald W. Collins. While he survived the initial attack, Robbie Middleton died 13 years later of cancer that originated from the skin grafts utilized to treat his burns. The criminal case inexplicably disintegrated (read more about it here) , so the Middletons sued Mr. Collins for wrongful death. After seeing videotaped testimony from the now deceased Robbie, a very emotionally charged jury found in favor of the plaintiff. However, they…
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    Bag and Baggage

  • You're Awfully White: Getting To Colombia

    Denise Howell
    10 Jan 2012 | 2:21 pm
    Tyler and I left at the crack of dawn to make our 9 a.m. flight from L.A. on the one day it rained in December.  Some day in my life I'll be early for a flight. This wasn't the day — but I did manage to slap on a coat of mascara just before running out the door. En route to Miami I did mental victory laps about finishing Christmas wrapping, tree trimming, and otherwise clearing the decks so we wouldn't return to a mess of holiday stress and activity.  (By the way/groan:  as I write this, our tree is still up.)  I read our itinerary, Spanish vocabulary cards, and…

  • The Six Stages Of Colombia

    Denise Howell
    28 Dec 2011 | 12:30 pm
    On August 4, 2011, I'd never thought of visiting Colombia.  I didn't even have a precise idea where it was in South America. However, I'd joined Google+ the month before, had been using the service, and at that time I think about 10,000 people had me in circles.  (The growth on Google+ has been remarkable.  On Twitter, some 8,000 people follow me and that's been constant for awhile.  On Google+ at the moment, 245,590 people have me in circles, up from 10K in early August and 0 in early July.  I have no idea why there's such rapid uptake on Google+ or why the huge…

  • Back From Colombia

    Denise Howell
    24 Dec 2011 | 6:22 pm
    At the behest and hospitality of Matt Dickhaus and Viventura,  I've just gotten back from a trip to Colombia, where I was joined by my son Tyler (8), good friend Lorri Megonigal, and her son Ryan (8), on an amazing adventure.  We went to Medellín and its environs, the Pacific coast, the Caribbean coast, and one or two unexpected places along the way.  Over the next couple of weeks as the holiday dust settles, I'll tell you much more about how we decided to go to Colombia (it unfailingly raises eyebrows), where we went, the people we met, the animals who ate our food and…
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    Jim Calloway's Law Practice Tips Blog

  • Et tu, Google?

    Jim Calloway
    27 Jan 2012 | 8:01 am
    One of the most significant items in technology news so far this year is Google's significant changes to its privacy policy. Google will now combine all of your data from all Google services together and users won't be able to...

  • The iPad for Litigators is a hot topic

    Jim Calloway
    19 Jan 2012 | 10:16 am
    Later today I will be presenting for an online CLE titled The iPad for Litigators. Don't bother rushing to enroll as the program is now sold out. The last I heard they were closing in on 600 registered to take...

  • Beyond the Basics of Google

    Jim Calloway
    13 Jan 2012 | 10:43 am
    My Sites for Sore Eyes column in the just-released GPSOLO eReport is Beyond the Basics of Google. Long time readers of my blog may have seen a lot of this information before. But if you have some colleagues who would...
 
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    Robert Ambrogi's LawSites

  • Rocket Matter Releases Version 2.0; Adds Document Assembly and Custom Fields

    Robert Ambrogi
    25 Jan 2012 | 8:02 am
    Assembling a document from a template in Rocket Matter 2.0. The Web-based practice management application Rocket Matter today released version 2.0 of its platform. The new version adds two notable features: document assembly and custom fields. With this release, Rocket Matter becomes the only cloud-based practice management platform to integrate document assembly, according to Larry Port, the company’s co-founder and chief software architect. The document assembly feature allows users to create templates for legal forms or other documents and then automatically merge client and matter data…

  • Site Lets Lawyers Build Their Own Mobile Apps

    Robert Ambrogi
    20 Jan 2012 | 8:50 am
    A sample shown on the site I happened across a website called MyPocketAttorney that says it will let lawyers build their own smartphone apps using templates designed for law offices and legal professionals. As of this morning, a notice on the site says, “Site Under Construction! Launch Date 1-20-2012.” Today being Jan. 20, we’ll see if it launches. The site describes its service this way: You can start building your app online using our custom templates. Your clients will appreciate the service as it allows them to contact you faster to access your latest promotions and…

  • Read the Congressional Record on Your iPad

    Robert Ambrogi
    19 Jan 2012 | 9:29 pm
    The Library of Congress unveiled a new app yesterday designed to let you read the Congressional Record on an iPad. Called simply The Congressional Record, the purpose of the new app, as In Custodia Legis reports, “is straightforward — easily read the daily edition of the Congressional Record on your iPad (and maybe save a few trees in the process).” According to the description, the app lets you: Browse editions of the Congressional Record by date, from Jan. 4, 1995, to the present. Perform keyword searches within individual documents or sections within documents. Share…
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    Wise Law Blog

  • 140 Law - Legal Headlines for Friday, January 27, 2012

    Rachel, Law Clerk
    27 Jan 2012 | 8:09 am
    Here are the leading legal headlines for Friday, January 27, 2012 from Wise Law on Twitter : Costa passengers offered $14,460 for ruined cruise, trauma India's 30-Year-Old Divorce Ends Rogers uses charter claim to fight truth-in-advertising law. - Montreal Gazette Police dog attack sparks Vancouver lawsuit Embattled Judge Refuses to Recuse Himself From Hearing Cases U.S. Judges Report Little Juror Misuse of Social Media Ontario Appeal Court upholds judge's decision to strike jury in auto injury trial over complexity of fibromyalgia Protesters demand family law reform - Sarnia Observer…

  • 140 Law - Legal Headlines for Thursday, January 26, 2012

    Rachel, Law Clerk
    26 Jan 2012 | 8:42 am
    Here are the leading legal headlines for Thursday, January 26, 2012 from Wise Law on Twitter: Legal setback for Ontario aboriginals taken from their families during the “Sixties Scoop” Gingrich claims marital infidelity makes him ‘more normal’ | The Raw Story Info czars tell Tories to place 'integrity' at heart of information reforms Jury Awards $22 Million to Pre-trial Detainee For Inhumane Treatment Apple’s iPad and the Human Costs for Workers in China Blatchford: Family honour 'is why they are dead,' Crown tells court Judge Accused of Keeping Money Raised for Courthouse Ten…

  • 140 Law - Legal Headlines for Wednesday, January 25, 2012

    Rachel, Law Clerk
    25 Jan 2012 | 8:05 am
    Here are the leading legal headlines from Wise Law on Twitter for Wednesday, January 25, 2012: Apple again loses Dutch bid for Samsung tablet ban | The Raw Story MegaUpload-type shutdowns could kill the Cloud Storage model English Court Jails Juror Who Used Internet Search - Slaw  Minnesota appeals court remands same-sex marriage lawsuit Ontario court hears trucker’s challenge of speed-limiter law: Land Line Magazine  Lawyer wants question cop about excessive force during G20 | Canada | News | Edmonton Sun Megaupload founder denied bail (CNN) Court rejects bid by wife of sex…
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    Health Care Law Blog

  • HIPAA Privacy Action Filed Against University Health Associates

    23 Jan 2012 | 1:40 pm
    The West Virginia Record reports the filing of a medical record breach action against West Virginia University Medical Corporation dba University Health Associates (UHA) under the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The action filed in Monongalia Circuit Court was filed by Jennifer M. McGinley on behalf of Randy Friend (11-C-774). The complaint asserts that Mr. Friend received a letter from UHA indicating that an employee had accessed his medical record without authorization. Mr. Friend claims that his medical record was accessed multiple…

  • WVHCA: 2012 CON Capital Expenditure Minimum

    3 Jan 2012 | 9:31 am
    The West Virginia Health Care Authority has announced the 2012 certificate of need capital expenditure minimum threshold of $2,916,104. The new threshold is effective beginning January 1, 2012. The threshold is used as a part of the analysis by health care providers who must determine whether or not a certificate of need is required for a proposed project or health care acquisition.  Pursuant to W.Va. Code 16-2D-2(h) and (s), the Authority is required to adjust the expenditure minimum annually and publish an update of the amount on or before December 31 of each year. The expenditure…

  • Health Care Law Blog: Have a Wonderful Holiday Season!

    23 Dec 2011 | 7:40 am
    Happy Holidays to my clients, health care and lawyer colleagues, and other readers of the  Health Care Law Blog  I appreciate your continued support and hope that 2012  will be as exciting and wonderful as this past year. See you in 2012!  In years past I have sent out our standard Flaherty Sensabaugh Bonasso PLLC holiday card to thank my clients for trusting our firm with their business and my colleagues for all they do for me throughout the year. Instead, this year I decided to go GREEN and red by sending out an e-greeting and do a holiday blog post with our firm's…
 
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    Amazing Firms Amazing Practices

  • Avoid Presentation Disasters

    Gerry Riskin
    15 Jan 2012 | 8:27 am
    If you ever present to others, or even might, you need to see this (less than 4 minutes) Thanks to my friend Matt Homann for bringing this to my attention by posting this on his wonderful Blog,  "The [non]billable hour" on January 14, 2012

  • Top iPhone and iPad Apps for Lawyers

    Gerry Riskin
    10 Jan 2012 | 8:45 am
    See Top iPhone and iPad Apps for Lawyers via Attorneys at Work and also download free bonus App List PDF  

  • Are you curious about use of Social Media in Law Firms?

    Gerry Riskin
    23 Dec 2011 | 9:58 am
    If you want to compare Social Media perspectives with firms your size, this is a must have infographic - click on it to download (courtesy of Vizibility Inc.)          
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    LawBizBlog

  • Succession -- By the numbers

    Ed
    26 Jan 2012 | 8:55 pm
    I've written extensively about lawyers planning for the succession of their practice, whether by merger, sale, or simply retiring by just walking away one day, closing their door forever more. Some failed to plan well or spent their working lives increasing their standard of living to meet their compensation level -- and not saving; others suffered financial losses in the economic downturn; and still others have lived beyond what they expected with their savings depleted by normal bills or chronic illness. But, what are the numbers? I haven't seen hard and fast numbers for the legal…

  • Can you afford to retire: Succession may be a luxury

    Ed
    26 Jan 2012 | 7:49 pm
    More elderly find they cannot afford to retire ... they must continue to work. The recent economic woes have taken a big bite out of the retirement hopes and plans of the Baby Boomers. And this includes lawyers. Just today, a lawyer in his late 60's called me to talk about selling his practice and retiring. But, he said, he enjoys what he does and financially cannot see his way to retiring. For interesting tax reasons, he turned away from selling his practice. Of course, he didn't consult me before he made this decision. But, I find it interesting that the prediction made by the ABA only…

  • Why Marketing Matters for Lawyers, Part 2

    Ed
    26 Jan 2012 | 5:00 am
    Ed shares some thoughts on electronic marketing and offers ideas on how traditional marketing can help you stand out in the crowd. You are more likely to be remembered, thus contacted, if you reach people on a personal level. Differentiating yourself will lead to increased: calls by clients and prospects meetings calls from the media meetings And most importantly: More money in the bank.  
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    the [non]billable hour by Matthew Homann

  • Measuring Quality of Experience and Result

    Matt Homann
    20 Jan 2012 | 9:04 am
    In my post earlier this week, I wrote about Measuring the Quality of Your Clients’ Experiences and not just the quality of their results.  Patrick Lamb suggested that lawyers also use the grid to predict their clients’ satisfaction, and I agree. Here’s a .pdf of a Quality of Experience Survey I designed with pages for both the client as well as attorneys/staff to complete (separately, of course) — along with room for them to suggest improvements.  Let me know what you think. For the Attorneys and Staff to Complete: For the Clients to Complete:

  • The General Practitioner’s Dilemma

    Matt Homann
    19 Jan 2012 | 9:27 am
    Remember, your clients don’t have general needs, they have specific ones.  They want you to be great at solving their problem, not good at solving everyone else’s. And yes, you can actually buy this knife for just $999.00.

  • The Race to the Gutter

    Matt Homann
    18 Jan 2012 | 1:22 pm
    Wise words about professionalism from Scott Greenfield: The need to survive in practice is a powerful one.  It takes time to establish a reputation of competence and skill, and when you have hungry children and a school loan payment due, you don’t feel as if you have the time to wait.  And so you use whatever is at hand.  It’s easy to justify at the moment.  Until you realize that you are one of those lawyers, walking down the boulevard in hot pants hoping someone will stop and pick you up. Go read his entire post.  Now.
 
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    Innocence Blog

  • Innocence Project Policy Advocate on Justice and the Death Penalty

    27 Jan 2012 | 10:20 am
    Senior Policy Advocate for State Affairs Rebecca Brown, left, shares her insights on justice in America, the death penalty, and the risk of executing an innocent person. (Originally posted on the Safe California blog) On Monday, Joe D'Ambrosio became the 140th person to be exonerated from death row since 1973 in the United States, and the sixth from Ohio. I'd like to share some insights with you on that number from my perspective as an advocate with the Innocence Project. 17: There are seventeen cases where innocent men received the death penalty in the United States. We know this because…

  • Science Thursday: Congress Slow to Adopt Forensic Science Reforms

    26 Jan 2012 | 2:00 pm
    Three years ago this February, the National Academy of Sciences (NAS) released its groundbreaking report, "Strengthening Forensic Science in the United States: A Path Forward." The report revealed the alarming potential for forensic science errors to contribute to wrongful convictions. The report also called for stricter standards in forensic science oversight and recommended the creation of an independent, science-based federal entity to establish forensic standards and oversee their application. These recommendations can build a scientific framework for the forensic science system and help…

  • High School Performance to Benefit Innocence Project

    25 Jan 2012 | 1:00 pm
    A troupe of high school students from a North Carolina high school will donate a percentage of the proceeds from performances of "Twelve Angry Men" to the Innocence Project. The play premieres this Friday night in the Mount Tabor High School Auditorium. The troupe, known as "The Baker's Dozen" is entirely student directed. The Winston-Salem Journal reports: The Baker's Dozen has a bank account, and Liz Olson, a senior at Mount Tabor, is the group's treasurer. It's a shoestring operation. The group allocates no more than $500 for production costs that include hall rental and rights for a play.
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    Charon QC

  • Prime Minister Camcorderdirect – The Fisherman of our times?

    Charon QC
    28 Jan 2012 | 6:45 am

  • Muttley Dastardly LLP: Abusus non tollit usum… Abuse of a right does not invalidate use

    Charon QC
    27 Jan 2012 | 6:01 pm
    The Partners of Muttley Dastardly LLP meet in closed session each Friday at 10.00 am.  Following the unfortunate departure from the firm of managing partner Matt Muttley in the summer of 2011, Dr Erasmus Strangelove has taken over the leadership of the firm as CEO and Senior Partner. A transcript of Dr Strangelove’s speech follows…. Gentlemen, Good morning. Six months has passed since Matt Muttley’s unfortunate demonstration to a group of RBS Bankers of the toughness of the glass encasing our building and his subsequent departure from the firm abiit ad maiores….he has…

  • Rive Gauche: A Command Performance from a Barrister now disbarred for unprofessional behaviour on twitter.

    Charon QC
    26 Jan 2012 | 3:10 pm
    A Command Performance…. Court News reports: “A barrister who called opposing lawyers ‘slimebags’ in a series of insulting tweets from court was today (Thurs) thrown out of the profession.  David Harris was wrongly acting for an internet piracy company he owned. He bragged that ‘whoring and drinking’ would begin after he finished the trial and described an opposing lawyer as a ‘p***k.’….” Well… as it happens… I know @Geeklawyer well (and like him)  – an amusing figment of his own imagination who,  taking of mead…
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    Peter Black's Freedom to Differ

  • 3 Reasons Not to Get Worked Up Over Super PACs

    pete.black@gmail.com (Peter Black)
    28 Jan 2012 | 12:53 am
    Nick Gillespie has produced a short video outlinging three reasons not to get worked up about Super PACs:

  • Daily Twitter Links

    pete.black@gmail.com (Peter Black)
    27 Jan 2012 | 7:30 am
    These are some of the things I've been tweeting about today: "Debate rages as Spotify, MOG, and Rdio kill / save  Image via Wikipedia the music industry" pjblack.me/A9Oc4b #lwb486 #lws008 another bizarre chicken nugget story: "17-Year-Old Girl Has Eaten Chicken Nuggets Every Day for the Last 15 Years" pjblack.me/zCenDr  what is facebook up to?: "Facebook Just Hired a Managing Editor With a J-School Degree" pjblack.me/wwKeSt "Once Again, RSS Is Dead. But ONLY YOU Can Save It!" says @johnbattelle pjblack.me/AdaOT3 more on this: "On Twitter, censorship and Internet…

  • Daily Twitter Links

    pete.black@gmail.com (Peter Black)
    26 Jan 2012 | 7:20 am
    These are some of the things I've been tweeting about today: from @THResq: "NBCU Settles 'Harry Potter' Font Lawsuit" pjblack.me/wV4TG9 #lwb486 #lws008 who still uses formspring?: "Formspring doubles down on mobile to fight unique user dip"pjblack.me/xRZtRo "Twitter Love Story To Hit The Silver Screen In Indonesia" pjblack.me/zCYXfU Image via CrunchBase "Evernote Bought Four Companies Last Year And (Almost) Nobody Knew About It" pjblack.me/zxRFi8 "Megaupload takedown won't kill Cloud storage" says professor albert zomaya pjblack.me/AEzcsv "How Much Do We Spend On…
 
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    taxgirl

  • Tax Talk 2012: Vern Wuensche

    Kelly
    11 Jan 2012 | 5:51 pm
    We’re coming down to the wire for presidential nominations. Election coverage is heating up and it seems like there’s a debate on television nearly every night. Despite all of the press, there are still a number of questions about where candidates stand on the issues. In terms of what affects voters the most, I feel strongly that it’s important to understand what it is that each candidate hopes to bring to the table in terms of tax incentives, tax policy and tax proposals. With that in mind, I contacted each of the candidates who has officially declared an intention to run…

  • IRS Offers Taxpayers ‘One More Chance!’

    Kelly
    10 Jan 2012 | 1:18 pm
    My seven year old has a penchant for getting herself into trouble. She’s that kind of kid who pushes boundaries to see exactly how far she can get. Lucky for her, she also has a pretty quick wit and a couple of looks up her sleeve. When she gets into trouble, she peers up at me and begs, “One more chance!” You, of course, know exactly why she does this: I usually give in. Yeah, I know better. But I do it anyway. I feel like maybe this time – this time – she’ll learn her lesson. The IRS isn’t so very different. In a surprise move, the IRS has announced…

  • My Best Tax Advice Ever, Part II: Get Some Help

    Kelly
    9 Jan 2012 | 10:43 am
    Last week, I advised that my best tax advice ever was to open the mail from the IRS. I find that to be, for many taxpayers, the single hardest thing to do. Of course, opening the mail isn’t always enough. Generally, the notice or letter advises you to take some sort of action, whether that’s send a copy of a check or receipt, make a payment or contact the IRS. With respect to the latter, that’s the sort of thing that stops many taxpayers dead in their tracks. They don’t want to have to communicate with the IRS in any way. The good news is that you don’t always…
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    Legal Blog Watch

  • Friday's Three Burning Legal Questions

    Bruce Carton
    27 Jan 2012 | 1:02 pm
    Here are today's three burning legal questions, along with the answers provided by the blogosphere. 1) Question: I was arrested last week for trespassing and sent to jail. I am scheduled to be released today on my own recognizance but I cannot find my wallet! Can I simply refuse to leave jail until I find it? Answer: Yes. But you will be arrested again for disorderly conduct. (The Associated Press, AZ inmate arrested for refusing to leave lockup) 2) Question: If I agree to perform a sex act on a man in exchange for a $2 bill, three $1 bills and an assortment of change, does that constitute…

  • 'Thou Shalt Not ...' Visit Any Nightclub in This Town Until You Dress Your Age

    Bruce Carton
    26 Jan 2012 | 12:00 pm
    Welcome back to the latest in LBW's "Thou Shalt Not ..." series. As you may recall, this series seeks to properly memorialize the growing number of instances I see where a corporation rolls out its "death penalty" punishment on a customer: "You can never come here [buy here] [eat here] again!!" The latest installment in this series: Thou shalt not visit any of the nightclubs in your hometown until you stop dressing so sexy/trampy. Meet Lisa Woodman, a 28-year-old mother of four who rocks a "size six figure and 36DD chest." Woodman is now reportedly…

  • Thursday's Three Burning Legal Questions

    Bruce Carton
    26 Jan 2012 | 10:00 am
    Here are today's three burning legal questions, along with the answers provided by the blogosphere. 1) Question: I'm unemployed. I was called for jury duty but, although jury selection was still going on, I never returned to the courthouse after lunch. The judge got really angry with me and ordered me to spend two days carrying a sign back and forth in front of the courthouse that reads "I failed to appear for jury duty." Can he do this? Answer: Indeed he can. (ABA Journal, Judge Orders Jury Duty Slacker to Carry Sign in Front of Courthouse) 2) Question: The stupid dog in the…
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    UNDERDOG - Criminal Lawyer for Fairfax, Virginia/Maryland/Beltway. DWI/DUI.

  • How does psilocybin work?

    25 Jan 2012 | 11:00 pm
    By Fairfax County/Northern Virginia/Maryland/Beltway criminal defense lawyer Jon Katz. Defending DWI/ DUI/ Drunk Driving, drugs, marijuana/medical marijuana/cultivation, sex cases, felonies and misdemeanors. Fighting tirelessly for the best possible results for his clients. http://katzjustice.comRam Dass has said that LSD gives a glimpse to what is ahead for those on a spiritual path. I will opt not to try LSD nor other illegal drugs, but remain fascinated about hallucinogens nonetheless, partly because of Ram Dass's experience with them, without which he never would have been booted out…

  • The civil liberties price of air travel.

    21 Jan 2012 | 11:00 pm
     Bill of Rights (from the public domain)By Fairfax County/Northern Virginia/Maryland/Beltway criminal defense lawyer Jon Katz. Defending DWI/ DUI/ Drunk Driving, drugs, marijuana/medical marijuana/cultivation, sex cases, felonies and misdemeanors. Fighting tirelessly for the best possible results for his clients. http://katzjustice.comOff come the shoes. Out come the lotions. Then come the line for those randomly-selected for a choice of invasive x-rays or invasive patdowns, and the line for those listed for always requiring enhanced security screening. That is what awaits people…
 
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    The Legal Satyricon

  • Suit contesting Nevada marriage standards to go forward

    J DeVoy
    23 Jan 2012 | 9:33 pm
    By J. DeVoy District of Nevada Judge Philip Pro declined to dismiss Clark County from a lawsuit brought by the ACLU to challenge Nevada’s “religious test” for whom may solemnize a marriage as implemented by the County.  Clark County handles marriage matters in the Las Vegas metro area, ranging from issuing marriage certificates to authorizing [...]

  • What happened to Cohen v. California?

    marcorandazza
    23 Jan 2012 | 9:14 am
    A man was arrested for wearing a jacket with a political message on it while in the history exhibit at the United States Supreme Court. Yes, the same United States Supreme Court that said it was Paul Robert Cohen’s right to wear a jacket in a courthouse emblazoned with the message “fuck the draft.” Cohen [...]

  • Let’s Be “Newtly” Open

    TvT
    20 Jan 2012 | 2:07 am
    by Tatiana von Tauber Would you find your spouse immoral if s/he asked you for an open marriage? If you’re like the general population, probably so and that’s because monogamy in marriage is so entrenched in our Judeo-Christian culture as the best way that it’s very difficult to pull out of such a norm; however, I [...]
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    Chicago IP Litigation Blog

  • Fiduciary Duty to Assign Patent Rights Does Not Guarantee Assignment

    R. David Donoghue
    27 Jan 2012 | 10:58 am
    Schultz v. iGPS Co., No. 10 C 71, Slip Op. (N.D. Ill. Aug. 16, 2011) (Hibbler, Sen. J.). Judge Hibbler denied defendants' motion to dismiss plaintiff's patent infringement complaint for lack of standing. Defendants argued that plaintiffs did not hold enforceable title to the patents in suit. The patents in suit were intentionally abandoned by plaintiff's co-owner, CHEP. When plaintiff learned of the abandonment, he asked the Patent Office to revive the patents, explaining that his failure to pay the maintenance fee was inadvertent. The only way plaintiff could truthfully claim inadvertence…

  • False Patent Marking is Constitutional

    R. David Donoghue
    25 Jan 2012 | 5:20 am
    Simonian v. Allergan, Inc., No. 10 C 2414, Slip Op. (N.D. Ill. Apr. 28, 2011) (St. Eve, J.). Judge St. Eve denied defendant Allergan's motion to dismiss plaintiff Simonian's false patent marking suit holding that the false marking statute was constitutional pursuant to the Take Care Clause. The government retained little control over false marking actions, but that was less of a concern because false marking cases were civil not criminal. And, in fact, the government retained sufficient control. The executive branch was notified of each suit because the district court clerk was required to…

  • Patent Complaint Must Identify Accused Product at Least Generally

    R. David Donoghue
    23 Jan 2012 | 4:16 am
    Trading Techs. Int'l., Inc. v. BCG Partners, Inc., No. 10 C 715, Slip Op. (N.D. Ill. May 5, 2011) (Kendall, J.). Judge Kendall granted the FuturePath defendants' and denied the SunGuard defendants' Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff Trading Technologies' ("TT") patent claims regarding trading software. FuturePath:  The Court dismissed TT's direct infringement claims against FuturePath because TT did not accuse a specific FuturePath product or even category of product. TT's reference to unspecified "products" did not meet the Twomby or Iqbal…
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    Ohio Employer's Law Blog

  • WIRTW #210 (the “organizing my life” edition)

    Jon Hyman
    27 Jan 2012 | 7:15 am
    I live in a constant search for the perfect task organizer/to-do list. For the past several months, I’ve been using Toodledo, which is robust, but overly complex for my needs. But, I’ve stuck with it because I can use it across all of my platforms (the PC in my office, my Mac at home, my Android phone, and my iPad—this is what life has become in 2012). Toodledo, however, is about to get kicked to the curb. Welcome to my life, Any.do. Where Toodledo is complex, Any.do is elegant in its simplicity, allowing you to add tasks to complete today, tomorrow, this week, or next week, drag and…

  • The word of the day is “systemic”

    Jon Hyman
    26 Jan 2012 | 7:10 am
    The EEOC has published its draft strategic plan for fiscal years 2012 – 2016. A quick Ctrl-F for the word “systemic” reveals 16 different hits in this relatively short document. “Systemic” cases, according to the EEOC, are those that “address a pattern, practice or policy of alleged discrimination and/or class cases where the alleged discrimination has a broad impact on an industry, profession, company, or geographic area.” The identification, investigation, and litigation of this category of cases remains a “top priority” of the agency. When the EEOC publishes the final…

  • BREAKING: NLRB issues 2nd report on social media as protected concerted activity

    Jon Hyman
    25 Jan 2012 | 9:29 am
    I just received the following news release, via email, from the NLRB: To help provide further guidance to practitioners and human resource professionals, NLRB Acting General Counsel Lafe Solomon has released a second report describing social media cases reviewed by his office. The Operations Management Memo covers 14 cases, half of which involve questions about employer social media policies. Five of those policies were found to be unlawfully broad, one was lawful, and one was found to be lawful after it was revised. The remaining cases involved discharges of employees after they posted…
 
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    idealawg

  • "Neuroscience: A New Direction for Solution-Focused Thinkers?"

    StephanieWestAllen
    23 Jan 2012 | 10:22 pm
    For those interested in Solution-Focused practices, this article may be thought-provoking. Abstract: The development of highly sophisticated imaging techniques in the past 20 years has made it possible for neuroscientists to study the brain like never before. The resulting findings, particularly about emotions, are challenging psychotherapists of all orientations to reevaluate their theories and practices. These considerations are a particularly daunting task for therapists whose work reflects the post-modern denial of objective reality, like that of Solution-Focused therapists. In this…

  • Guru of conflict coaching will be giving 4-day seminar in Colorado

    StephanieWestAllen
    20 Jan 2012 | 10:41 pm
    Cinnie Noble will be offering her Conflict Management Coaching Workshop on July 11-14 at University of Colorado at Boulder. From the flyer: Conflict management coaching, also known as conflict coaching, is a specialized niche in the field of coaching and conflict management.  It is a one-on-one technique, in which a trained coach assists people to effectively prevent or manage specific disputes and to enhance their conflict management skills.  This process has wide application, in the organizational context and for coaching individuals to participate in mediation, negotiation and relational…

  • Here's a class I'd like to take! Law and Literature

    StephanieWestAllen
    15 Jan 2012 | 10:29 am
    If only I could go back to college; my focus would be much different and my appreciation for the experience would be much greater. Today seeing the reading list for Law and Literature, being taught by Tyler Cowen (his TED video about storytelling has been very popular), made me want to return immediately to the role of student in the classroom. Click to take a look at the reading list. An excerpt The New English Bible Oxford Study Edition Billy Budd and Other Tales, by Hermann Melville The Metamorphosis, In the Penal Colony, and Other Stories, by Franz Kafka In the Belly of the Beast, by Jack…
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    Tammy Lenski Conflict Resolution

  • From Isaac Asimov to Jimmy Carter: 10-year blogiversary retrospective

    Tammy Lenski
    26 Jan 2012 | 12:00 pm
    Ten years of blogging is a long time. And selecting a few from over a thousand posts has been a harder task than I thought it would be, though a fun one. A few of my chosen posts didn’t really fit into any particular category so they’re ending up in this last installment of the 10-year blogiversary retrospective. If you haven’t entered the celebratory prize drawing yet, there’s still time, you know. Thanks for going on this trip down memory lane with me. And here’s to the next 10 years! The best time to resolve conflict A conflict’s greatest opportunity for…

  • Negotiation tips for work, home and the marketplace

    Tammy Lenski
    23 Jan 2012 | 11:23 am
    Last fall, my 13 graduate negotiation students, few of whom described themselves as good negotiators when class started, mostly shuddered at the prospect of one assignment in particular: Each week, they had to negotiate something. A matter at home. A better price on a purchase at the mall. A contract with a vendor at work. A problem with a colleague. We kept track of their negotiations outside of class in our online discussion forum, where they could post about the negotiation, celebrate, or ask for insights about what could have been done better. Seven weeks later, when the term ended, these…

  • My favorite tips for mediators

    Tammy Lenski
    21 Jan 2012 | 12:42 pm
    Some, but not all, of my conflict resolution work is mediation, the act of helping others negotiate a solution to their conflict without having a stake in the outcome. I count among my other hats conflict management consulting, coaching, training and education. Mediation was my “first love” in the conflict resolution field 15 years ago and over the years I’ve written many posts and articles on the subject, not to mention my book, Making Mediation Your Day Job. It seems only right that I highlight a few favorites about mediation, mediators and the mediation business as part…
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    Privacy Law Blog

  • EC Proposal For New Data Protection Regulation

    Peta-Anne Barrow
    27 Jan 2012 | 11:51 am
    The European Commission (the “EC”) has announced its anticipated comprehensive reform of EU data protection rules, intended to strengthen online privacy rights and boost Europe's digital economy. The proposal is intended to update and modernize the principles enshrined in the 1995 Data Protection Directive. If approved, unlike the current rules which give each of the 27 member states of the EU (the “member states”) some flexibility as to how the 1995 Data Protection Directive is implemented in their jurisdiction, the new law would apply directly so that there…

  • Massachusetts Data Security Regulations: Deadline To Update Service Provider Contracts Is Fast Approaching

    Amy Crafts
    26 Jan 2012 | 12:27 pm
    The deadline for compliance with a key requirement of the Massachusetts Data Security Regulations is only a month away. By March 1, 2012, contracts must require that certain service providers implement and maintain appropriate security measures to protect personal information. This alert summarizes the requirements that will become effective as of March 1, 2012. Read the entire article.

  • Light, (Camera), Class Action! After Seven Years of Dormancy Since Inception, Businesses See Class Action Lawsuits for Alleged Violations of California's "Shine the Light" Act

    Kevin Khurana
    25 Jan 2012 | 3:53 pm
    The past month has seen a new pattern of class action lawsuits filed in California courts against businesses for allegedly violating California’s Shine the Light privacy law (the “Act”). For seven years since the Act became effective, well-intentioned businesses have understandably had the sense that their compliance approach has been sound, and we have seen no challenges to that notion. Recent class actions have alleged non-compliance on technical grounds as frivolous as the title of the privacy policy being “Privacy Policy” instead of “Your…
 
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    Lawyers, Guns & Money

  • “A Single, Hazy Event”

    Scott Lemieux
    28 Jan 2012 | 1:42 am
    Let’s just say that I’m not optimistic that Posnanski’s Paterno book will be would it should be.

  • A Rising Republican Star

    Erik Loomis
    27 Jan 2012 | 7:19 pm
    Looks like the Republican Party has another state politician sure to appeal to the wingunttia masses. This time it’s in North Carolina, where state Rep. Larry Pittman is calling for the return of public hangings: “We need to make the death penalty a real deterrent again by actually carrying it out. Every appeal that can be made should have to be made at one time, not in a serial manner,” Pittman wrote in the email. “If murderers (and I would include abortionists, rapists, and kidnappers, as well) are actually executed, it will at least have the deterrent effect upon them. For my…

  • Another defeat for liberal fascism

    davenoon
    27 Jan 2012 | 12:41 pm
    The Jane Addams Hull House Association is closing today. This is depressing for all sorts of reasons, not the least of which is the loss of a connection to one of the progressive movement’s greatest landmarks. The original Hull House complex was absorbed by the University of Illinois-Chicago and turned into a museum about 40 years ago, but the Association carried on the work begun by Jane Addams and Ellen Gates Starr in 1889, serving tens of thousands of poor Chicagoans who will now have to rely on the over-strained resources offered by the city’s remaining social service…
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    Avvo Blog

  • Avvocating Conference 2012 – Early Bird Tickets Expire Soon!

    Megan Olendorf
    27 Jan 2012 | 3:25 pm
    Time is running out to save on your tickets for Avvocating 2012: Legal Marketing in the Era of Social Media. You have five days left to register for our third annual online marketing conference for lawyers and legal marketers. Join us for two days in Seattle (May 3rd-4th) and you’ll receive the opportunity to: Hear from technology leaders, web-savvy practicing attorneys and digital media experts. Learn how to create and implement an integrated marketing program. Network with peers from across the legal industry. Meet one-on-one with Avvo executives to maximize your profile on the site.

  • Guest Webinar Replays with Mark Merenda and David Lorenzo

    Megan Olendorf
    26 Jan 2012 | 1:03 pm
    We’ve had two great guest webinars in the past couple weeks. For those who were unable to attend here are the video replays from Mark Merenda and David Lorenzo. Four Ways to Grow your Law Practice in 2012: Five Simple Systems to Boost Your Productivity, Improve Your Client Relationships and Save You At Least an Hour a Day:

  • Smile… We’re adding Dentists!

    Mark Britton, CEO
    25 Jan 2012 | 7:00 am
    When we launched our health Q&A and directory last year, many dentists asked when they could participate.  I’m pleased to announce that today we have launched a new dentist directory, as well as the ability for dentists across the country to participate in our expert-only Q&A forum.  I speak for everyone here at Avvo when I say how excited I am to expand Avvo’s proven platform to dentistry. With the addition of dentists, we are providing a 360 degree approach to total wellness.  Extensive research has been done around the correlation between dental health and overall…
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    Lawyers.com Blog

  • Right of Publicity and Amateur Athletes

    27 Jan 2012 | 4:53 pm
    There is currently pending in a Northern California Federal Court a dispute between college athletes and Electronic Arts, the NCAA, and the Collegiate Licensing Company a right of publicity suit over the use of a college athlete's name and likeness in video games.  Collegiate athletes are not allowed to receive certain types of benefits for playing.  However, many states recognize the ability of a person to use their name and likeness, or more appropriately, to prohibit others from using their name and likeness.  The right of publicity stems from a person's right to privacy. On…

  • FERS & CSRS Federal Disability Retirement from the Office of Personnel Management: Additional Supporting Evidence

    27 Jan 2012 | 6:12 am
    In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, there is nothing to preclude one from attaching multiple supporting documentation in proving one's eligibility for Federal Disability Retirement benefits.  In doing so, however, it is appropriate to keep in mind that the conceptual paradigm of "supporting" should be just that -- it must be to assist, help, or otherwise enhance such evidence which constitutes the central component of one's Federal Disability Retirement…
 
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    Connecticut Employment Law Blog

  • Employee’s Speech Against Employer May Be Protected by First Amendment

    Daniel Schwartz
    27 Jan 2012 | 7:29 am
    Ever since the U.S. Supreme Court ruled in Garcetti v. Ceballos that an employee’s speech pursuant to the employee’s official job duties was not protected by the First Amendment, employers have attempted to use that case as a shield against free speech lawsuits by employees. But a decision by a federal court in Connecticut late last month in a case titled Ricciuti v. Gyzenis (download here) shows the limits of that decision.  It’s a lengthy decision — worth reading if you’re a practitioner in the area — that lays out some important theories for employers…

  • An Overview of “Right to Work”

    Daniel Schwartz
    26 Jan 2012 | 7:53 am
    Anyone who has read this blog for a while knows that I am a big fan of the Office of Legislative Research, a little-known office at the Connecticut General Assembly.  They produce reports, backgrounders and items like that for legislators and release them to the public. Photo courtesy of Library of Contress As a result, you can get some free research into topics that may be of interest. While reviewing their recent reports over the weekend (it was a snow day), I found one done a few months ago analyzing “Right to Work” and the impact on various states. As noted by the report,…

  • CHRO Proposes New Equal Employment Opportunity Plan Regulations & Hearing

    Daniel Schwartz
    25 Jan 2012 | 9:03 am
    The Connecticut Commission on Human Rights and Opportunities (CHRO) has released proposed new regulations that would require state agencies and the like to create an Equal Employment Opportunity Plan. These regulations would not apply to private employers so many of you can dispense with the worrying. The proposed regulations will replace the current ones. The CHRO hasn’t amended the regulations in quite some time and according to one CHRO insider, it seemed to be a good time to look at them afresh. The changes are relatively modest, but for those that study these types of things,…
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    JD Supra Hot Docs - Newsworthy Legal Filings From the Source

  • Morgan v. Swanson: Brief For CATO Institute As Amicus Curiae In Support Of Petitioners

    Cato Institute
    27 Jan 2012 | 8:43 pm
    Case Name: Morgan v. Swanson Document Name: Brief For CATO Institute As Amicus Curiae In Support Of Petitioners Post Date: 01/27/2012 Filing Date: 01/26/2012 Document Summary: If the First Amendment means anything, it is that school officials may not prohibit students from handing out gifts with Christmas messages due to the religious content of those messages. Nonetheless, the Fifth Circuit held en banc that student speech rights are not "clearly established," and that therefore two Plano, Texas officials could invoke qualified immunity to shield themselves from liability for doing…

  • Electronic Privacy Information Center v. U.S. Department of Justice, et al.,: Complaint for Injunctive Relief

    Electronic Privacy Information Center
    27 Jan 2012 | 11:15 am
    Case Name: Electronic Privacy Information Center v. U.S. Department of Justice, et al., Document Name: Complaint for Injunctive Relief Post Date: 01/27/2012 Filing Date: 01/27/2012 Document Summary: EPIC Files Suit for Documents Detailing Surveillance of Wikileaks Supporters EPIC has filed suit against the Department of Justice and Federal Bureau of Investigation under the Freedom of Information Act for documents detailing surveillance of Wikileaks supporters. After Wikileaks November 2010 publication of diplomatic cables, the U.S. government opened investigations into Wikileaks supporters…

  • United States v. Jones: SCOTUS Decision: Warrantless GPS Tracking Unconstitutional

    Adrian Lurssen
    24 Jan 2012 | 1:58 pm
    Case Name: United States v. Jones Document Name: SCOTUS Decision: Warrantless GPS Tracking Unconstitutional Post Date: 01/24/2012 Filing Date: 01/23/2012 Document Summary: Full text copy of the 1/23/2012 Supreme Court decision in what has been described as "the most important Fourth Amendment case in a decade."SCOTUS unanimously decided (in United States v. Jones, three separate opinions) that the warrantless tracking of a suspect's vehicle by GPS was in fact unconstitutional.Interesting: "In the pre-computer age, the greatest protections of privacy were neither…
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    Special Education Law Blog

  • Procdeural Safeguards - The Series Returns!

    Jim Gerl
    27 Jan 2012 | 12:34 pm
    Image via Wikipedia A lot of the work that I do in special education concerns procedural safeguards.  It is the heart of my work.  In the past we have run a series that explains in our usual excruciating detail, what procedural safeguards are all about.  Because of the importance of procedural safeguards to special education law, we will be running a revised and updated version of the series, beginning next week. If you would like to see something included, please let me know. Also coming soon will be a mini-series on bullying of students with disabilities and IDEA. The issue…

  • McMechen: Speed Trap!

    Jim Gerl
    23 Jan 2012 | 6:15 pm
    Image via Wikipedia OK so here in West Virginia, we are having a natural gas rush created by the Legislature's recent approval of the removal of natural resources from the Marcellus Shale deposit. As a result of this new gas rush, I could not find a motel in Moundsville for a recent hearing. Accordingly, I had to stay in Wheeling, to the North. Therein lies the problem, squarely in between lies McMechen.  I had to pass McMechen twice each day of the three day hearing.  You would think that the story would more likely involve the venue of the hearing, the former state prison in…

  • King Day

    Jim Gerl
    16 Jan 2012 | 10:47 pm
    Today we honor the memory of Dr. Martin Luther King, Jr.  He was a great American, and his message still resonates today.  In his later speeches, including his speech to the Memphis garbage workers just prior to his assassination, he focused increasingly on poverty and income inequality.  But he was known primarily as a strong advocate against all forms of discrimination.  Disability discrimination is one of the topics that we frequently address on the pages of this blog.  On this day of reflection, here are some links to previous posts on the topic of disability…
 
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    Drug Injury Watch

  • YAZ / Yasmin January 2012 Update: Minutes And Transcripts For FDA Advisory Committees 2011 Meeting Now Available Online (And More)

    Tom Lamb
    23 Jan 2012 | 2:11 pm
    11 Of The 26 FDA Panel Members Voted There Were No Sufficient Unique Benefits For YAZ / Yasmin That Cannot Be Found In Other Hormonal Contraceptives (Posted by Tom Lamb at DrugInjuryWatch.com)On December 8, 2011 the Reproductive Health Drugs Advisory Committee and the Drug Safety and Risk Management Advisory Committee held a joint meeting to discuss YAZ and Yasmin as well as several other relatively new birth control pills. In more detail, from the Summary Minutes of this YAZ / Yasmin December 2011 FDA meeting: Issues: The committees discussed the benefits and risks of…

  • Safety Profile Of New Stroke Drug Pradaxa Has Been Tarnished By Various Adverse Event Reports

    Tom Lamb
    16 Jan 2012 | 2:35 pm
    FDA Reviewing Serious Side Effects Associated With Pradaxa Ranging From Heart Attacks To Serious Bleeding or Hemorrhages (Posted by Tom Lamb at DrugInjuryWatch.com ______________________________________________________________________________ UPDATE:  Pradaxa label change: This January 17, 2012 FDA approval letter shows the revisions being made to current label. (1/19/12) ______________________________________________________________________________ Patients who use the new stroke drug Pradaxa (dabigatran) have slightly increased risks for heart attack, or myocardial infarction (MI), and…

  • Prescription Drug Medication Errors Can Be Prevented By Taking Some Common Sense Precautions

    Tom Lamb
    5 Jan 2012 | 3:16 pm
    Ten Strategies Intended For Pharmacists Can Help Patients Stay Safe, Also (Posted by Tom Lamb at DrugInjuryWatch.com It is relatively well-accepted in the healthcare community that medication errors involving prescription drugs happen more often than they should but the incident rate could be reduced if both pharmacists and patients took certain precautions. The following set of precautions, from the an article "Pharmacy Dispensing Mistakes: 10 Strategies for Minimizing Dispensing Errors" that was published online by Pharmacy Times a couple of years ago, is intended for…
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    Bankruptcy Blog

  • Bankruptcy and Getting a 1099A

    Chic
    26 Jan 2012 | 10:29 am
    Image via Wikipedia A Recent Personal Bankruptcy Story This recent personal bankruptcy statement was made on a bankruptcy website this past week: “I filed Chapter 7 and it went through and was discharged in May 2010. It took [my home mortgage company] forever to get the property back and they finally took the property back in May 2011. Today, I go to my mail box and I have a 1099A tax form. I didn’t think I would get this, since the property was included in a chapter 7 bankruptcy.” Chapter 7 in Relationship to a Foreclosure A Chapter 7 bankruptcy involves liquidating non-exempt…

  • Steinberg Files for Chapter 7

    Chic
    25 Jan 2012 | 12:46 pm
    Image via Wikipedia     Image via Wikipedia Leigh Steinberg has recently come forward in the news media to set the record strait about his financial affairs and personal life. Steinberg is known as the agent whom represented famous athletes and inspired the movie, Jerry McGuire. In a self written article posted online in ThePostGame of Yahoo Sports, Steinberg wrote, “The public interest in my financial affairs and the inaccurate descriptions of my situation have led me to write this column: Today I have filed for Chapter 7, personal bankruptcy.” A Chapter 7 is a type of…

  • Chapter 11 Filed by Eastman Kodak

    Chic
    24 Jan 2012 | 8:36 am
    Image by Getty Images via @daylife A Recent Bankruptcy News Story According to recent news sources, Eastman Kodak filed for bankruptcy protection last week. By filing, Kodak is seeking to increase its cash position in order to stay in business. In anticipation of filing the Chapter 11, Kodak borrowed $950 million from Citigroup this past Thursday to pay for operations during its reorganization plan. Bankruptcy came after numerous failures by Kodak within the digital photography industry, and because the company failed to sell its 1100 digital imaging patents purportedly valued in the…
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    Asbestos HUB

  • Mesothelioma incidence projections in South East England

    Tom Lamb
    26 Jan 2012 | 10:53 am
    Quoted from http://erj.ersjournals.com/content/early/2012/01/24/09031936.00168111.abstract?maxtoshow=&HITS=10&hits=1&RESULTFORMAT=&andorexacttitle=or&andorexacttitleabs=and&fulltext=asbestos&andorexactfulltext=and&searchid=1&usestrictdates=yes&resourcetype=HWCIT&ct Mesothelioma incidence projections in South East England Abstract We estimated the past and future age-standardised incidence rates of mesothelioma by birth cohort and by period of diagnosis in South East England. We extracted data on patients diagnosed with mesothelioma (ICD-10 C45)…

  • State appeals court reverses $1.5 million award in asbestos case

    Tom Lamb
    25 Jan 2012 | 6:33 am
    Quoted from http://www.wisbar.org/AM/Template.cfm?Section=News&Template=/CM/ContentDisplay.cfm&ContentID=108523 State appeals courtreverses $1.5million award in asbestos case The estate of a man who died from malignant mesothelioma did not produce enough evidence to prove he was exposed to the asbestos-containing brake shoes supplied by the defendant. By Joe Forward, Legal Writer, State Bar of Wisconsin Jan. 24, 2012 – In a recent decision, a Wisconsin appeals court reversed a $1.5 million damages award against a brake-shoe supplier whose product contained asbestos, concluding the…

  • Descendant of asbestos pioneer calls for end to Canada’s involvement in its trade

    Tom Lamb
    23 Jan 2012 | 10:17 am
    Quoted from http://www.montrealgazette.com/business/Descendant+asbestos+pioneer+calls+Canada+involvement+trade/6036063/story.html Descendant of asbestos pioneer calls for end to Canada’s involvement in its trade By Michelle Lalonde, Postmedia News January 23, 2012 MONTREAL — A descendant of one of the earliest pioneers of Quebec’s storied asbestos industry has publicly joined the movement to stop Canadian production and export of the deadly mineral. Susan Henry of Vancouver is the great-great niece of Andrew Stuart Johnson, a farmer who in 1878 founded the Johnson Mine Company…
 
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    Law is Cool

  • Should Representative Plaintiffs Receive More?

    Soroush Seifi
    27 Jan 2012 | 4:21 pm
    A.  INTRODUCTION Under the Ontario Class Proceedings Act, 1992 (“CPA”) [1], the Representative Plaintiff (“RP”) is a member of the class that in most instances commits to a bigger responsibility than all other class members.  Under section 5(e) of the CPA: (e) there is a representative plaintiff or defendant who, (i) would fairly and adequately represent the interests of the class, (ii) has produced a plan for the proceeding that sets out a workable method of advancing the proceeding on behalf of the class and of notifying class members of the proceeding, and (iii) does not have, on…

  • Breach of They Neighbour’s Wife

    Contributor
    26 Jan 2012 | 4:19 pm

  • Advocates Don’t Dance Alone

    Omar Ha-Redeye
    24 Jan 2012 | 4:15 pm
    Here’s a great ad from the Advocates Society:
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    Real Lawyers Have Blogs

  • New blogs joining the LexBlog Network for the week of 1/23-1/27

    Colin O'Keefe
    27 Jan 2012 | 5:42 pm
    Another week flies by and it's once again time to look back at the publications joining the LexBlog Network. We have one firm giving their blog a new look and a new name while another launches their first on the LexBlog Network. And, again, be sure to follow along on LXBN as we cover LegalTech New York next week. The excellent Tough Times for Lenders, a Winstead publication, is now Lenders360. Providing news, information and commentary on important issues affecting the financial services industry, the publication is authored by  leading attorneys who serve mid- to large-sized,…

  • Twitter to censor content by country

    Kevin O'Keefe
    27 Jan 2012 | 12:55 pm
    As reported by the Wall Street Journal's Loretta Chao (@lorettac) and Amir Efrati (@Amir_Efrati), Twitter is going to exercise Twitter's ability to to withhold content from users in a specific countries while keeping it available to the rest of the world. The effort underscores thorny issues for Internet companies as their websites become more global and interconnected among different countries, and as they must cooperate with diverse views on Internet content control. For websites like Twitter as well as social-networking site Facebook, this has meant being blocked in countries like China…

  • I will be in NYC next week : Welcome meeting you

    Kevin O'Keefe
    27 Jan 2012 | 11:45 am
    I'll be New York City next week, Sunday the 29th, evening through Friday, February the 3rd, afternoon. LexBlog, as a marketing partner of ALM's, is providing coverage of ALM's LegalTech Show on our LXBN Network. I'll also be talking to law firms at LegalTech about the effective use of social media as well as meeting with a number of our New York law firm clients and prospective clients. LexBlog currently works with over one-third of the AmLaw 200 law firms, most of whom have offices in New York. So New York is always an enjoyable place to visit. While in town, I want to make myself available…
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    Digital Media Law

  • Live on Larry Mantle re SAG-AFTRA Merger

    17 Jan 2012 | 11:40 am
    I'll be live on Larry Mantle (http://www.scpr.org/programs/airtalk/) this morning at about 11:05 a.m. PT for a 14 minute segment on SAG-AFTRA merger. Tune in (is that still the verb?) if you have a chance. It'll probably be available archived as well. __________   Check out my new book “Hollywood on Strike!,” available on Amazon (also in a Kindle edition). Subscribe to my blog (jhandel.com) for more about entertainment law and digital media law. Check out my residuals chart there too. Go to the blog itself to subscribe via RSS or email. Or, follow me on Twitter, friend me on…

  • AFTRA, Networks Reach New Three Year Deal

    10 Dec 2011 | 1:38 am
    AFTRA and the television networks reached agreement on a new three-year contract today, with the new pact featuring now-standard 2% annual wage increases and an unusually large 1% increase in employer contributions to health and retirement. Notably, the union achieved the H&R increase without employers taking a bite out of the annual wage increase. Usually, a tradeoff between the two is required, which could have reduced one or more of the annual increases to a politically unpalatable 1-1/2% level. An AFTRA statement confirmed the issues’ importance, calling the 1% increase the…

  • Health and Retirement are the Hangup in AFTRA Netcode Negotiations (Exclusive)

    6 Dec 2011 | 9:07 am
    AFTRA’s negotiations with the networks and television producers resume this week and the big issue, according to a source close to the process, is the same one that’s bedeviled Hollywood labor for the past several years: health and retirement. Negotiations began November 7 under a press blackout, but haven’t produced a deal yet. The contract under negotiation – AFTRA’s Network Code, colloquially referred to as the “front of book” – is the union’s largest, and generates more than $250 million a year in member earnings. It covers programs in all television day parts, except…
 
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    Securities Docket

  • Web Watch: Best of the Week Ending January 27

    Securities Docket
    27 Jan 2012 | 5:43 pm
    This week’s most interesting columns and blog posts from around the web on the subjects of SEC enforcement and securities litigation. via Web Watch: Best of the Week Ending January 27 – Compliance Week.

  • Carlyle Readies an Unfriendly I.P.O. for Shareholders – NYTimes.com

    Securities Docket
    27 Jan 2012 | 5:16 pm
    It is quite possible that the Carlyle Group, the private equity firm that is preparing to go public, is proposing the most shareholder-unfriendly corporate governance structure in modern history. via Carlyle Readies an Unfriendly I.P.O. for Shareholders – NYTimes.com.

  • Greater Penalties for Insider Trading – NYTimes.com

    Securities Docket
    27 Jan 2012 | 5:11 pm
    Under proposed amendments to the Federal Sentencing Guidelines announced last week, recommended punishments for insider trading are likely to increase in response to Congressional pressure to ratchet up sentences for securities fraud. That will put even more pressure on defendants to cooperate with the government in the hope of receiving a reduced penalty. via Greater Penalties for Insider Trading – NYTimes.com.
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    HealthBlawg :: David Harlow's Health Care Law Blog

  • Me too! It's not fair! The tragedy of the commons in the health care marketplace

    David Harlow
    4 Jan 2012 | 11:44 am
    There are at least two conversations going on in the health care marketplace today, each focused on one of two key questions. One is: How can we achieve the Triple Aim? The other is: Why do they get to do that?  (It's not fair! I want more!)   Until we stop asking the second question, we can't answer the first question. Why? Because all too often the answer to the second question is the equivalent of: It's OK, Timmy, I'll buy you TWO lollipops; pick whichever ones you want.   It's the tragedy of the commons, transposed to the health care marketplace. Recent cases in point: Avastin Tufts…

  • Health Care Social Media – How to Engage Online Without Getting into Trouble (Part II)

    David Harlow
    4 Jan 2012 | 8:57 am
    I have been asked to write up some of the core takeaways from the health care social media presentations I have been giving recently, so I am sharing a version of this narrative on HealthBlawg, in two parts.  You may wish to begin with Part I.   Professional responsibility and malpractice liability The American Medical Association has promulgated a social media policy; so has the Veterans Administration.  The two represent very different approaches.  The AMA essentially advocates proceeding with caution, and being cognizant of the damage that one’s own social media activities –…

  • Health Care Social Media – How to Engage Online Without Getting into Trouble (Part I)

    David Harlow
    3 Jan 2012 | 7:55 am
    I have been asked recently to write up some of the core takeaways from the health care social media presentations I have been giving recently, so I am sharing a version of this narrative on HealthBlawg, in two parts.  Check back later this week for Part II.  Introduction “Why do you rob banks?” “That’s where the money is.” The legendary bank robber Willie Sutton, when asked, gave this straightforward response explaining his motivation.  A similar motivation may be ascribed to the early adopters among health care providers who have established beachheads on various social media…

  • Microsoft GE Healthcare joint venture - A sign of weakness or strength?

    David Harlow
    9 Dec 2011 | 5:35 pm
    Microsoft and GE Healthcare announced a joint venture yesterday (as-yet unnamed), trumpeted as bringing together the best of both companies' offerings in the health care provider market. (More from the NY Times.) Late in the day, I spoke with Brandon Savage, Chief Medical Officer at GE Healthcare, and Nate McLemore, General Manager of Microsoft Health Solutions Group.  They had a great deal to say about the companies' shared vision of the use of platform technology to enable care teams to deliver the right decision at the right time, noting that their core products complement each other…

  • Deja Vu All Over Again: David Harlow speaks with Gene Lindsey, MD, President and CEO of Atrius Health and Harvard Vanguard Medical Associates

    David Harlow
    5 Dec 2011 | 6:17 am
    Recently, I had the opportunity to speak with Gene Lindsey, President and CEO of Atrius Health and Harvard Vanguard Medical Associates. Atrius is a 1000-physician allliance of six medical groups in eastern and central Massachusetts; Harvard Vanguard is the largest of those groups.  We discussed some current developments in the health care regulatory landscape and marketplace, and Atrius' approach to positioning itself for success -- as well as its definition of success -- in the current environment, in domains ranging from improvinmg medical education to achieving the Triple Aim.  Gene is…
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    ipandentertainmentlaw.wordpress.com

  • Cease and Desist to Newt Gingrich over “How You Like Me Now?”

    ipandentertainmentlaw
    27 Jan 2012 | 5:44 pm
    Here we go again…. One of my favorite topics is the use of songs and sound recordings in campaigns. Especially presidential campaigns.  According to news reports, Third Side Music sent Gringrich’s campaign a cease and desist letter ordering them to stop using the song “How You Like Me Now” at campaign events. In 2008 I blogged  here and here stating so long as a campaign secures the necessary public performance license, a song can be played at campaign events without any permission from the artist, songwriter or music publisher.  If Mr. Gingrich would like to incorporate…

  • Ron Paul Files Trademark and Defamation Lawsuit

    ipandentertainmentlaw
    19 Jan 2012 | 10:43 pm
    This week the “Ron Paul 2012 Presidential Committee, Inc. filed a lawsuit claiming defamation of Rep. Ron Paul’s character and unauthorized use of the trademark rights in his name in a political video. The video, released by Paul advocates and not approved or authorized by Paul, makes personal attacks against fellow Republican presidential nominee Jon Huntsman.  With Hunstman dropping out of the race, it’s unlikely Paul’s camp will pursue this litigation much further against defendants they have so far been unable to identify.

  • Supreme Court Upholds Copyright Protection For Foreign Works

    ipandentertainmentlaw
    19 Jan 2012 | 10:13 pm
    The U.S. Supreme Court decision released this week in Golan v Holder maintained copyright protection for millions of works created by foreign authors. Before 1989, many foreign authors’ works became public domain for not fulfilling requirements in the U.S. Copyright Act. In 1994, Congress passed the Uruguay Round Agreements Act restoring U.S. copyright protection for works published by foreign authors primarily between 1923 and 1964. The URAA brought the U.S. into compliance with the Berne Convention copyright treaty. The Justices that dissented in the 6 to 2 decision expressed concern that…

  • Entertainment Law Update Podcast 26: Zombies, Crowds, & Trees

    ipandentertainmentlaw
    14 Dec 2011 | 10:36 am
    Take a listen to the latest edition of the Entertainment Law Update Podcast with co-hosts L.A.  film lawyer Gordon Firemark and Texas-based music lawyer Tamera Bennett. I would like to give a personal shout-out and thank you to Gordon for bringing me on board for this great podcast.  I am looking forward to an amazing 2012 for the podcast and can’t wait to see who might be making a surprise visit as guest co-host!

  • Right of Publicity — 2011 In Review

    ipandentertainmentlaw
    6 Dec 2011 | 12:12 pm
    When a famous person dies, the survival of the right to control and profit from their name and likeness depends on when they died and what state they lived in at their death.  Famous artists may need to take a closer look at where they call home during their life to insure their right of publicity has a home post-death. After losing a battle in 2005 to have Jimi Hendrix’s right of publicity protected by New York state law, where Hendrix lived at his death, Hendrix’s heirs worked to amend the Washington state right of publicity law.  Hendrix’s heirs sued under the newly…
 
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    Trade Secrets Blog

  • Snooki Without Makeup - A Lost Trade Secret of "The Jersey Shore"

    20 Jan 2012 | 1:15 pm
    It's Friday at Womble Trade Secrets and we're going to try a new argument on you before the weekend. A trade secret is generally defined as information that (i) derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and(ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.Fans of MTV apparently love this show "The Jersey Shore." We've never seen it, but we are students of the law and do our research and we…

  • The Trade Secrets of . . . Helicopter-Aided Ski Companies?

    19 Jan 2012 | 7:08 am
    This just in from the Anchorage Daily News - heli-ski operators up in Haines, Alaska are apparently required to report to the public as follows: "Every commercial ski tour operator shall use global positioning system equipment capable of tracking and preserving information establishing the route taken by the helicopter to and from the skiing and snowboarding area and all landings."Well, the heli-ski operators are apparently asking that the data be treated as their trade secrets and not subject to review by actual or would-be competitors as public records. One of the opponents of the proposed…

  • 29 Year Old Former Sanofi-Aventis Scientist Pleads Guilty to Economic Espionage

    17 Jan 2012 | 12:27 pm
    The New Jersey Herald is reporting that a former research chemist in the New Jersey office of Sanofi-Aventis has pleaded guilty to one count of stealing trade secrets from her former employer. Yuan Li of Somerset pleaded guilty in federal court in Trenton Tuesday.The U.S. Attorney's office says the 29-year-old Chinese national made the secrets available for sale through the U.S. subsidiary of a Chinese chemicals company called Abby Pharmatech in which Li was a partner. Li worked from 2006 through 2011 at Sanofi's U.S. headquarters in Bridgewater, researching potential future drugs.She…

  • Ex-Dow Chemical Scientist Gets 5 Year Sentence For Trade Secret Theft

    16 Jan 2012 | 4:00 pm
    Bloomberg Businessweek is reportingthat a five-year prison sentence against Wen Chyu Liu, also known as David W. Liou, was handed down yesterday by U.S. District Judge James J. Brady in Baton Rouge, Louisiana on Friday. A jury in February convicted Liu of perjury and conspiring to steal Dow trade secrets. He was indicted in 2005.Liu, 75, of Houston worked for Dow from 1965 to 1992. At its Plaquemine, Louisiana, facility he had access to secrets related to the manufacture of chlorinated polyethylene or CPE, used in the making of vinyl siding, electrical cable jackets and industrial hoses,…

  • Motorola Succesfully Defends Lemko's Summary Judgment Motion in Pugilistic Legal Battle

    13 Jan 2012 | 8:45 am
    Law.com is reporting that Chicago-based federal district court judge Matthew Kennelly rejected Lemko Corp.'s motion for summary judgment on Motorola's trade secrets claims, clearing the way for trial on Motorola's allegations that Lemko stole wireless networking technology and wrongly asserted ownership of a family of related patents.Lemko's argument was that Motorola had not sufficiently identified the trade secrets allegedly misappropriated. You'll recall that Motorola and Lemko have been fighting an alley-like brawl over technology related to 4G technology. Judge Kennelly disagreed with…
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    Furniture Law Blog

  • No Copyright Coverage of Digital Images of Useful Items (Furniture)

    12 Jan 2012 | 10:30 am
    Copyright covers original, non-useful works of authorship; including pictoral, sculptural and graphic works, fixed in a tangible medium of expression.  So shouldn't a digital image of a useful item, say high-end designer furniture, be afforded copyright protection?  A digitially created image is really no different than a photograph and photographs of useful items have long been afforded copyright protection.  Unfortunately, the plaintiff in a December 22, 2011 decision from the United States Disrict Court for the Southern…

  • Don't Forget The Unfair and Deceptive Trade Practices Claim

    10 Jan 2012 | 10:25 am
    In a straight forward copyright infringement case the plaintiff cannot usually also assert a claim under North Carolina Gen. Stat. 75-1.1 because the claim is preempted by federal copyright law.  See, e.g., Iconbazaar, L.L.C. v. Am. Online, Inc., 308 F. Supp. 2d 630, 636-37 (M.D.N.C. 2004); Vogel v. Wolters Kluwer Health, Inc., 630 F. Supp. 2d 585, 593 (M.D.N.C. 2008).  For a state unfair competition claim to survive, it must usually be based on conduct not related to the allegations of copyright infringement, for example, fraud.  However, when the tables are turned and the…

  • When Is A DJ Action Appropriate For Trademark Infringement?

    9 Jan 2012 | 3:43 pm
    Many are familiar with a declaratory judgment action in the context of patent infringement.  The typical scenario involves demand letters from a patentee and the desire of another person or company to develop, market, and sell a product that is the subject of those letters.  This often results in a declaratory judgment or "DJ" action filed by the recipient of the letters seeking an order that the accused product does not infringe the asserted patent.  The action may also seek an order that the patent asserted is invalid and unenforceable.The same scenario can unfold with…

  • A.B.C. Carpet Trademark Action Against ABCHomestore.com

    19 Dec 2011 | 8:55 am
    New York City-based A.B.C. Carpet, Inc. and A.B.C. Home, Inc. (d/b/a ABC Carpet & Home) filed an action on November 16, 2011 against ABCHomestore.com (Bronx, NY) for trademark infringement, unfair competition, cybersquatting, and related state claims.  Plaintiffs own federally registered trademarks for ABC, ABC Home, and ABC (with design) among other trademark rights for retail store services featuring home furnishings, carpets and rugs.  Plaintiffs maintain a website at <abchome.com>.  Defendant operates a website at <abchomestore.com> selling various home…

  • Serta Challenges Oleg Cassini's Right To "Cassini" Name

    29 Nov 2011 | 9:22 am
    On November 10, 2011, Serta, Inc. filed a declaratory judgment action in the United States District Court for the Northern District of Illinois seeking to clear its use of the "Cassini" moniker on its line of Perfect Day mattresses.  In the complaint, Serta alleges that it has been selling the Perfect Day line of mattresses since 2005 and that Serta currently sells 75 different models of Perfect Day mattresses, each with a different name.  The Perfect Day Cassini mattress was being sold at J.C. Penny department stores.  Serta also used other outer space-related names…
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    Personal Injury and Social Security Disability Blog

  • Friday Fun

    Bob Kraft
    27 Jan 2012 | 5:12 am
    The Web site NeverLikedItAnyway is a clever one. It's basically a resale site, where people list items of jewelry or clothing, among other things, and visitors can buy those items directly from the sellers. The clever part is that the items are gifts from former spouses or significant others. After the relationship breaks up, the sellers put up funny little notes about why they decided to sell the products. Here's one example: The Product: Adrienne Vittadini Black Leather “Jeff” Boot Size 8.5 Back zip boot Low heel New in the box The Story: His name was Jeff. He turned into a…

  • Only Three 2012 Trucks Receive Highest Safety Scores From IIHS

    Bob Kraft
    26 Jan 2012 | 5:24 am
    Newsday/Tribune Media Services reported, "Only three pickup trucks -- the Ford F-150, Toyota Tundra and Honda Ridgeline -- have been named Top Safety Picks for 2012 by the Insurance Institute for Highway Safety (IIHS)." According to the IIHS, "The award recognizes vehicles that do the best job of protecting people in front, side, rollover and rear crashes based on ratings in Institute evaluations." From the American Association for Justice press release.

  • AAJ Assails Supreme Court Ruling That Credit Repair Firms Can Require Binding Arbitration

    Bob Kraft
    25 Jan 2012 | 5:27 am
    The ABA Journal reported that the Supreme Court "has ruled that consumers who received the Aspire Visa credit card are bound by a mandatory arbitration provision in their applications." Justice Antonin Scalia wrote the majority opinion in the case, CompuCredit Corp. v. Greenwood, with Justice Ruth Bader Ginsburg was the only dissenter. The class-action lawsuit under the Credit Repair Organizations Act featured plaintiffs who claimed they were promised $300 in available credit for a low-rate Aspire Visa card, but were charged $257 in fees during the first year, noting that the Act…

  • Texas’ New Insurance Chief Being Watched by Consumers, Lawmakers, and Industry

    Bob Kraft
    24 Jan 2012 | 5:25 am
    Texas has long had one of the weakest insurance departments in the nation — a department controlled by the insurance industry, and not at all helpful to consumers who have complaints. But now there is a new head of the department, and we can at least hope for improvement. However, so far there does not appear to be much reason to expect a shift from protecting insurance companies to protecting insurance consumers. The Dallas Morning News ran a profile of Eleanor Kitzman. Here are excerpts: Five months on the job as Texas’ top insurance regulator, Houston native and former insurance…

  • U.S. to Force Drug Firms to Report Money Paid to Doctors

    Bob Kraft
    23 Jan 2012 | 5:11 am
    Here's a rule that's long overdue — make doctors disclose the payments they receive from drug companies and medical device manufacturers. Knowing that your doctor has just accepted a pile of money from a hip implant company right before he says you need a hip implant might cause you to get a second opinion. The details of this story were published by the New York Times. Here are the opening paragraphs: To head off medical conflicts of interest, the Obama administration is poised to require drug companies to disclose the payments they make to doctors for research, consulting,…
 
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    Human Rights in the Workplace

  • Manitoba Human Rights Commission courses for 2012

    Donna Seale
    3 Jan 2012 | 3:46 pm
    For those of you looking for learning opportunities in the New Year, I have managed to update my Seminars page which details the courses that I am scheduled to teach for the Manitoba Human Rights Commission in 2012.  In addition, if you click on the link I’ve provided on my Seminars page to the Commission’s Public Education information, you can see the whole list of great courses available in Winnipeg to, among others, employers, human resource professionals and union representatives taught not just by me but the Commission’s staff and legal counsel.  For those of you…

  • 2011 is almost over….here’s to 2012!

    Donna Seale
    30 Dec 2011 | 9:44 pm
    As the year draws to a close, I wanted to extend my sincere thank you to each of you, my readers, for continuing to tune in when I have a chance to post here, for engaging in discussions with me when my posts happen to trigger a desire in you to write in and for checking in on me when you haven’t heard from me in a while. 2011 has been a year of transition for me.  My long-term readers will know that last year my mother suddenly passed away.  That was certainly enough to handle but I simultaneously became my sister’s caregiver as well.  My sister, who has disabilities, had…

  • Should employers be permitted to pay employees with disabilities less than minimum wage?

    Donna Seale
    20 Dec 2011 | 8:00 am
    Back in September, Professor David Doorey of York University drew to my attention an op-ed piece that appeared in the Winnipeg Free Press and which was written by a colleague of his, Professor Ravi Malhotra of the University of Ottawa Law School.  Professor Malhotra was commenting on his discovery that employment standards legislation in Manitoba, Alberta and Saskatchewan contain provisions that permit employers to pay employees with disabilities less than the minimum wage.  Professor Malhotra focused much of his opinion on the Manitoba provisions which provide as follows: “85(1) …

  • My Clawbies nominations for 2011

    Donna Seale
    19 Dec 2011 | 8:15 am
    At this time of year, Canadian law bloggers like me look forward to the Canadian Law Blog Awards which have become affectionately known as the ‘Clawbies‘.   As noted by Steve Matthews, the creator of the Clawbies: “The awards recognize the interesting, innovative, and informative sites that are the Canadian legal blogosphere’s best and brightest. But unlike traditional awards, the Clawbies are designed to create awareness for each blogger who nominates another’s blog, and peer endorsements via social media represent a big part of the judging process. This year, my…

  • Federal government says ‘no more’ to forced retirement

    Donna Seale
    18 Dec 2011 | 11:39 pm
    It’s official.  As reported in the National Post, the Conservative government has finally repealed the section in the Canadian Human Rights Act that permitted federal employers to establish mandatory retirement ages for their workers.  Mandatory retirement is, of course, a form of age discrimination.  According to the article, as of December 2012, federal employees can no longer be subjected to forced retirement upon reaching a certain age.
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    Marquette University Law School Faculty Blog

  • The two political half-states of Wisconsin

    Alan J. Borsuk
    27 Jan 2012 | 12:03 pm
    Gov. Scott Walker’s job performance is drawing strong disapproval—in the city of Milwaukee. Gov. Scott Walker’s job performance is drawing strong approval—in the rest of the Milwaukee media market. A big thumbs up for Walker across most of the state of Wisconsin. A big thumbs down in Madison. The two half-states of Wisconsin—one with clear Democratic majorities, one with clear Republican majorities—can be seen in the results of the Marquette Law School Poll released this week. Political contests in either of the half-states alone would be bring few surprises and little drama…

  • Marquette Law School Poll: The First Results Are Out

    Alan J. Borsuk
    25 Jan 2012 | 8:03 am
    The first results from the Marquette Law School Poll, the largest political polling project in Wisconsin history, were released Wednesday morning, providing a fresh and provocative view of public opinion across the state. The full poll results can be found here. At noon today (Jan. 25), Charles Franklin, visiting professor of law and public policy and director of the poll, will discuss the poll results with Mike Gousha, distinguished fellow in law and public policy, in Eckstein Hall. The session is free and open to the public. Video of the session will be posted on the Web page for the…

  • The Roots of Progressivism Lie in . . . the Republican Party?

    Edward A. Fallone
    24 Jan 2012 | 10:17 am
    Tonight, when President Barack Obama delivers his third State of the Union address, he is widely expected to channel the progressive rhetoric of Theodore Roosevelt. It was Roosevelt’s “New Nationalism” speech in 1910 (quoted in my previous post here) that called for the federal government to play an active role in regulating the economy. When he speaks to the nation tonight, President Obama is likely to push back against the demand to shrink the federal government – a common refrain among the current crop of Republican presidential candidates — by pointing to Theodore…

  • Pop Culture and Ideology

    David R. Papke
    20 Jan 2012 | 10:27 pm
    It’s common to assume American popular culture leads only to mindless escape, but in a recent speech to Communist Party officials President Hu Juntao of China warned that American popular culture might have a much more dangerous effect. He noted that Transformers 3 was a top-grossing film in China and also that the songs of Lady Gaga were as popular as those of any Chinese singer. Hu suggested the United States and other nations are westernizing and dividing China as he spoke and pop cultural works were weapons in this onslaught. Hu urged the Chinese to understand the seriousness of the…

  • How Should the Supreme Court Handle Warrantless GPS Tracking?

    Michael M. O'Hear
    20 Jan 2012 | 5:18 pm
    One of the most anticipated decisions of the current U.S. Supreme Court term is United States v. Jones, which was argued last fall (transcript here).  The case concerns Fourth Amendment protections from GPS tracking of automobiles.   The lower court, the D.C. Circuit, held that the government was prohibited from placing a GPS tracking device on the defendant’s car without a warrant and tracking his movements 24 hours a day for four weeks.  For the D.C. Circuit, it was crucial that the tracking was so extensive, which creates the possibility of a very fact-bound affirmance. …
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    California Employment Law Report

  • 2012 Wage and Reimbursement Rates For California Employers

    Anthony Zaller
    12 Jan 2012 | 6:59 pm
      2012 Requirement Source   California Minimum Wage     $8.00 per hour (unchanged from previous years)   California’s Industrial Welfare Commission   San Francisco Minimum Wage     $10.24 per hour   City of San Francisco Computer Professional Exempt Salary Rate       $38.89 or annual salary of not less than $81,026.25 for full-time employment, and paid not less than $6,752.19 per month     Division of Labor Statistics and Research   Hourly Physicians Exempt Hourly Rate     $70.86 per hour  …

  • Template To Comply With Wage Theft Protection Act of 2011 Notice Requirement To All Hires Beginning in 2012 Published By Labor Commissioner

    Anthony Zaller
    29 Dec 2011 | 6:53 pm
    Today the Division of Labor Standards Enforcement (“DLSE”) published a template that employers can use in order to comply with the new notice requirements set forth in Labor Code section 2810.5. A Word version can be downloaded here and a PDF version can be downloaded here. All California employers are required to provide a notice to all employees hired beginning on January 1, 2012 that complies with the requirements of section 2810.5. The new law required the Labor Commissioner to publish a template for employers to use in order to comply with the new law. For more information…

  • Can Employees Agree To Waive Berman Hearings In Arbitration Agreements?

    Anthony Zaller
    22 Dec 2011 | 2:26 pm
    I’ve recently written a series of posts regarding the Berman hearing process available for employees to resolve wage disputes before the Labor Commissioner. See previous posts: Overview Of Berman Hearings Before The Labor Commissioner and How To Prepare For a Berman Hearing. But can an employer have an employee sign an arbitration agreement in which the employee agrees to waive any rights to a Berman hearing, and all claims against the employer must proceed directly to arbitration? A good question, to which there is not currently an answer. The issue is currently…

  • All California Employers Have New Employee Notice Requirements Beginning January 1, 2012

    Anthony Zaller
    20 Dec 2011 | 5:23 pm
    The new law affecting every employer in California is the Wage Theft Protection Act of 2011. It takes effect on January 1, 2012 and adds additional notice and record keeping requirements that employers must comply with. The new law added Labor Code section 2810.5, which requires private employers to provide all new employees with a written notice that contains certain information. The new law requires private employers to provide all newly-hired, non-overtime-exempt employees with a disclosure containing the following information: (a) The job rate or rates of pay and whether it pays by the…

  • How To Prepare For a Berman Hearing

    Anthony Zaller
    16 Dec 2011 | 2:10 pm
    My last post provided an overview of the Berman hearing process when an employee begins a claim for unpaid wages with the Labor Commissioner. If the parties do not settle the claim at the settlement hearing, then the matter will be set for a Berman hearing pursuant to Labor Code 98(a). The Berman hearing was designed to provide both parties a quick and easy way to resolve wage disputes. I like to think of it as very similar to a small claims proceeding. However, unlike small claims court which can only hear cases were the amount in dispute is $7,500 or less, the Labor Commissioner can hear…
 
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    Social Security Disability Lawyer

  • Apply for Disability Benefits with a Lawyer on the Telephone

    Maine Social Security attorney Gordon Gates
    23 Jan 2012 | 4:30 am
    With many Social Security administrative law judges allowing fewer claims at the hearing level, the initial application for disability benefits deserves much more attention. The allowance rates from the state DDS agencies are just as high as the allowance rate of some ALJs. That means that your initial application is more important than ever. The opportunity to obtain disability benefits at the initial application should not be squandered. I recently assisted a new client over the telephone with his initial application for Social Security disability benefits. It went very well. I asked…

  • Disability Blog Roundup - January

    Maine Social Security attorney Gordon Gates
    20 Jan 2012 | 6:09 am
    Photo: our dog Peppermint on the Bridle Path in Kennebunk Every other Friday, I publish links to notable articles regarding Social Security disability law: WHAT EXPLAINS VARIATION IN DISABILITY APPLICATION RATES ACROSS STATES? by Norma Coe, Kelly Haverstick, Alicia Munnell, and Anthony Webb Severe Impairment in Social Security Disability Cases - Parker-Grose v. Astrue by Insler & Hermann Does My VA Doctor Have to Complete My Social Security Disability or LTD Form? by John Tucker DDS Agencies: a Culture of "No" by Gordon Gates Those annual Social Security statements still…

  • Post Hearing Argument or Brief

    Maine Social Security attorney Gordon Gates
    16 Jan 2012 | 4:00 am
    HALLEX section I-2-6-76 provides: The Social Security regulations provide that, upon request, the ALJ shall allow claimants a reasonable time to present oral argument, or file briefs or other written statements of fact or law. Absent special circumstances, the ALJ need not fix a time limit on oral argument. Oral argument should be recorded and made a part of the record of the case. After all testimony has been presented, the ALJ must: offer the claimant and representative an opportunity to make a final oral argument at the hearing, to submit a brief or other written statement within a…

  • DDS Agencies: a Culture of "No"

    Maine Social Security attorney Gordon Gates
    9 Jan 2012 | 5:45 am
    California disability lawyer Geri Kahn recently wrote a thoughtful blog post entitled The top four reasons why Social Security Disability cases are denied at the initial and reconsideration stages of review. Geri is referring to Disability Determination Services (DDS), the agency funded by the SSA in every state to make the initial and reconsideration determinations on disability claims. Please read her post. Here are Geri Kahn's top four reasons: The claimant has had little or no medical or mental health treatment Social Security did not obtain the records prior to making a decision…

  • Disability Blog Roundup - Twelfth Night Edition

    Maine Social Security attorney Gordon Gates
    5 Jan 2012 | 6:35 am
    Here is the first 2012 edition of the Disability Blog Roundup, which provides links every other week to notable articles regarding Social Security disability. Please also check out my best blog posts of 2011, if you haven't done so already. The top four reasons why Social Security Disability cases are denied at the initial and reconsideration stages of review by Geri Kahn Blaming the Victim for Being Disabled is Ignorant and Unfair by Gabe Hermann How Important Are Medical Records When Applying For Social Security Disability? by Declan Gourley ALJ Unknown by Gordon Gates New Social…
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    The Rainmaker Blog

  • Law Firm Marketing: Something for Everyone at a Rainmaker Retreat

    Stephen Fairley
    27 Jan 2012 | 1:37 pm
    I am in Las Vegas today at our January Rainmaker Retreat, preparing to engage an enthusiastic crowd of attorneys eager to learn proven law firm marketing techniques and unveil the mysteries of social media and Internet marketing. At every Rainmaker Retreat, attendees have a wide range of expertise when it comes to law firm marketing. Jim Negele, a business litigator in Southern California, attended our Los Angeles Rainmaker Retreat last month and told us what he liked about the sessions is that they are geared for everyone, from novices to experts: No matter what your level of expertise…

  • How Google Analytics Can Help Improve Your Law Firm Marketing Website and Blog

    Stephen Fairley
    26 Jan 2012 | 12:49 pm
    What gets measured, gets done. This quote is usually attributed to Peter Drucker, and remind us of the importance of measuring the efficacy of our law firm marketing efforts in order to keep focused on building on what works and not to waste time on what doesn’t work. One of the most compelling tools for measuring the effectiveness of what you’re doing online is a tool called Google Analytics. You embed a snippet of code into your law firm website or blog and it provides you with a mountain of great data – for free! Google gives you all the guidance you need to get…

  • Internet Marketing for Lawyers: How to Generate Leads From What People Do Online Every Day

    Stephen Fairley
    25 Jan 2012 | 10:52 am
    You already know that people spend a lot of time online these days. That’s not news. But what exactly are they doing online? And how can you leverage everyday online activities to generate leads for your law firm? That would be news you could use! The go-to resource for all things Internet is the Pew Internet & American Life Project Tracking Survey, which measures all the Internet activity in the U.S. Taking data from the past three years – 2009, 2010 and 2011 – Flowtown created an infographic showing what people are doing most – and…

  • How to Boost Your Law Firm Marketing SEO With Twitter

    Stephen Fairley
    24 Jan 2012 | 2:15 pm
    Social media is increasingly being integrated into search engine results, and even though Google and Twitter are not playing nice right now, user preference will eventually win out and Twitter should be back in the Google game before long. That said, tweets are included in the first page of Bing and other search engine results, and need to be part of your law firm marketing SEO strategy. Here are some tips on how to boost your law firm marketing SEO with Twitter: Select SEO-friendly names. When you set up your Twitter account, you choose two names – a real name, which is yours…

  • Top 10 SEO Essentials for Your Law Firm Marketing Websites

    Stephen Fairley
    23 Jan 2012 | 2:22 pm
    Happy New Year to my readers celebrating the Chinese New Year of the Dragon today! In ancient China, the symbol of the dragon was traditionally reserved for the Emperor and is a highly auspicious sign, portending prosperity and good luck.  If you are relying on your law firm marketing websites to bring you prosperity in 2012, you cannot just count on luck to make it happen. Those sites will not do you any good if prospects are not finding them – which is why it is critically important that you follow these top 10 SEO essentials for your legal websites and blogs: Keywords…
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    Defending People

  • On U.S. v. Fricosu and Word Magic

    Mark Bennett
    27 Jan 2012 | 7:00 pm
    To begin with, Judge Blackburn did not order Fricosu to decrypt her hard drive. Why not? The obvious answer: because the government didn’t ask him to. What did the government ask him to do? It asked him to order Ms. Fricosu “to produce the unencrypted contents of the computer.” (In fact, the government asked for a writ under the All Writs Act, 28 USC 1651, requiring Ms. Fricosu to produce the unencrypted contents. Judge Blackburn cited two cases in support of his authority to enter such an order: United States v. New York Telephone Co., 434 U.S. 159, 172, 98 S.Ct. 364,…

  • The Uncashed Check

    Mark Bennett
    16 Jan 2012 | 10:25 am
    Copyright © 2010 Mark Bennett. This feed is for personal, non-commercial use only. The use of this feed on other websites breaches copyright. If this content is not in your news reader, the page you are viewing infringes the copyright. (Digital Fingerprint: 9fddc86334d71f22cfdb4b70fe23bb0e.)

  • Unpublished Comments

    Mark Bennett
    14 Jan 2012 | 11:28 am
    “Blake Jamerson” (IP 75.148.128.34) writes in response to Andy Nolen: Total Fraud?: Mr. Nolen is a wonderful attorney. Not only does he know the law but lives by the law. He helped my family and I with some valuable insight on my brother’s case. He returned all my calls and would call me if he was running late to court. I understand not every one person is alike but doesnt mean that one’s negative opinion is everyone’s opinion. I would have published this one without a second thought, except that the events that prompted the post to which this person was responding included…

  • Joseph Rakofsky in the Happysphere

    Mark Bennett
    13 Jan 2012 | 5:51 pm
    In the last couple of weeks we learned that two more of the Rakofsky v. Internet defendants had settled with Rakofsky—not with money, apparently, but by abasing themselves, their codefendants, and the First Amendment. LisaLori Palmieri, who on 6 April 2011 wrote a dreadful piece of blatant marketing dreck (archive.org, via comments here) about Rakofsky's failure in the Deaner case… It seems that neither Rakofsky’s law degree nor common sense played a part in his preparation and delivery for this case. This is a perfect example of why choosing an experienced and…

  • Harris County Grand Jury News Parts One and Two

    Mark Bennett
    7 Jan 2012 | 3:40 pm
    One: Murray Newman reports that Pat Lykos has been subpoenaed to testify before the 185th Grand Jury. My guess is that it’s unprecedented for a Texas grand jury to subpoena a sitting District Attorney. Getting subpoenaed is bad. Taking the Fifth would be political suicide. Others might take the Fifth as an obstruction or delay tactic, but if Pat Lykos takes the FIfth, it’s because she really means it. Two: Newman also brings us this email from Jim Leitner to the rest of the DA’s Office: —–Original Message——From: Leitner, JimTo: All DA…
 
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    a public defender

  • Feed problems

    Gideon
    11 Jan 2012 | 11:24 pm
    I seem to be having some problems with the RSS feed updating, which is why all of you subscribed only to the feed may have missed all the posts this year. This is a test post to test the RSS feed. Move along. These are not the words you’re looking for.

  • Free-ish

    Gideon
    11 Jan 2012 | 11:03 pm
    Sometimes I think that if it weren’t for Georgia and Justice Thomas, I wouldn’t have much to blog about. Having fulfilled the Thomas quota for the night, I now move on to that rotten peach of a state, which seems to be continually perplexed at the existence of the thing called “the indigent defendant” and completely at a loss to deal with them and their pesky “constitutional” rights. Why just yesterday, the Georgia Supreme Court heard oral argument in a case where the issue, as framed by the Atlanta Journal-Constitution, was: whether the state’s…

  • Connickally yours

    Gideon
    11 Jan 2012 | 9:32 pm
    The problem with Brady v. Maryland, as many have argued, is that its effectiveness depends entirely on the charity and goodwill of prosecutors who are tasked with enforcing it. The only sword hanging over prosecutors’ head, forcing them to do “the right thing” is one that brings as its punishment obscure and vague references to the office they work in, buried deep in mildly reproachful appellate decisions. A vague notion called the “interests of justice” and pithy phrases reminding them that their job isn’t to “seek convictions” do little…

  • CT death penalty nothing but arbitrary

    Gideon
    9 Jan 2012 | 9:05 pm
    Only today did I stumble across this October 2011 study [PDF] [also available here] on the arbitrariness of the death penalty in CT (via the NYT), which seems to be an update of this 2007 study. Both are by Yale and Stanford lawprof John Donohue, hired by the public defenders office and the attorneys representing death row inmates in the long-ongoing racial disparity litigation here in CT. The study is remarkable in its breadth and scope; it analyzed 4686 murder cases spanning 34 years to see whether the application of the death penalty was arbitrary in any fashion. The results are telling…

  • Smile, you’re on dashcam!

    Gideon
    9 Jan 2012 | 8:01 pm
    Folks, it’s 2012. We should all assume that we’re being videotaped by someone when we’re out in public. Especially if you’re a public servant. Most often, the videotaping is going to be done by the police. They’ve had these nifty things called video cameras mounted on dashboards of police cruisers for, like, ever now. They built an entire show – Cops – around it. I mean, seriously, this isn’t some new invention. So you’d think that the last person to do something stupid that could be caught on a dashcam would be the officer in whose car…
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    Internet Cases

  • Are nonpirate Megaupload users entitled to compensation from the government?

    Evan Brown (@internetcases)
    27 Jan 2012 | 11:01 pm
    People who used Megaupload to lawfully store and transfer files are rightfully upset that their stuff is unavailable after last week’s raid. Some groups in other countries say they are going to sue the U.S. government. Would a lawsuit like that get anywhere in a U.S. court? The Fifth Amendment — best known for its privilege against self-incrimination — says that “private property [shall not] be taken for public use, without just compensation”. (You can impress your legally-trained friends at parties by confidently and casually referring to the Takings Clause.)…

  • There is no “generalized right to rummage” through an adversary’s Facebook account

    Evan Brown (@internetcases)
    26 Jan 2012 | 11:01 pm
    Tompkins v. Detroit Metro. Airport, 2012 WL 179320 (E.D. Mich. January 18, 2012) Plaintiff filed a personal injury lawsuit against defendants claiming she was impaired in her ability to work and enjoy life. One of the defendants filed a motion with the court asking it to order plaintiff to authorize access to her entire Facebook account. The court denied the motion. Finding that defendant had not made a “sufficient predicate” showing that the sought-after information was relevant, and that the request was overly broad, the court held that defendant “[did] not have a…

  • Ron Paul not allowed to find out who posted mean video about Jon Huntsman on YouTube

    Evan Brown (@internetcases)
    26 Jan 2012 | 12:33 pm
    Ron Paul 2012 Presidential Campaign Committee, Inc. v. Does, 12-00240 (N.D. Cal. January 25, 2012) (Hat tip to Venkat for posting a link to this decision.) Ron Paul’s campaign — Ron Paul 2012 Presidential Campaign Committee, Inc. — sued some John Doe defendants in federal court over an offensive video attacking former (but then current) opponent Jon Huntsman. The video demonstrated a gross insensitivity toward Chinese culture, and was posted to YouTube and promoted on Twitter by a user calling himself NHLiberty4Paul. Since the campaign did not know the true identity of the…

  • Megaupload takedown reminds us why website terms and conditions can be important

    Evan Brown (@internetcases)
    24 Jan 2012 | 11:01 pm
    Kashmir Hill pointed out that at least one erstwhile file sharing service has changed its business model in response to the federal government’s action against Megaupload. She observes that: FileSonic users can’t be too happy to have one of the main features of the site taken away. But the company must be less worried about its breach of contract with existing users than it is about the possibility of getting the Megaupload treatment, i.e., arrest, seizure of its property, and a criminal indictment. This raises an important point. Any kind of online service that pushes the legal…

  • Ordering defendant to decrypt hard drive did not violate her Fifth Amendment rights

    Evan Brown (@internetcases)
    23 Jan 2012 | 11:01 pm
    U.S. v. Fricosu, 10-CR-00509 (D. Colo. January 23, 2012) Pursuant to a warrant, federal agents seized defendant’s laptop from her home. When investigators turned it on, they saw the hard drive’s contents were encrypted using PGP Desktop. Defendant would not voluntarily turn over the password to decrypt the drive, so the Government filed an application under the All Writs Act to require defendant to “assist” in the execution of the search warrant. Defendant objected, asserting her privilege against self-incrimination under the Fifth Amendment. The court rejected…
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    ICBC Personal Injury Claims Lawyer Erik Magraken | Victoria & Vancouver Island BC

  • Are BC Taxpayers Getting Short Changed When it Comes to Subsidizing Medical Malpractice Insurance?

    emagraken
    27 Jan 2012 | 2:44 pm
    The above image was taken from the BC Government Website where they recently launched a “budget calculator” permitting the public to play around with various tax revenues and expenditures.  The calculator is far from complete, however, leaving many expenses out of bounds.  One expense which is absent is the CMPA fee subsidy. I recently wrote how BC taxpayers subsidize the defence of doctors in medical malpractice lawsuits.  This issue has also received media scrutiny by legal reporter and former lawyer Alan Shanoff.  I questioned the propriety of this given the long…

  • What Happens if Your Judge Falls Ill After Trial But Before Judgement?

    emagraken
    27 Jan 2012 | 9:51 am
    It is not uncommon for judges to reserve their reasons for judgment after a trial concludes.  Sometimes this can take many months.  What happens if a judge becomes ill or dies during this period of time?  Reasons for judgement were released this week by the BC Supreme Court, Kelowna Registry, dealing with such a scenario. In this week’s case (Walsh v. GMAC Leasco Corporation) the Plaintiff was injured in a motor vehicle incident.  After trial concluded the presiding judge reserved his reasons.  He fell ill and he could not render judgement.  As required by the BC Supreme Court…

  • $45,000 Non-Pecuniary Damages for Chronic Soft Tissue Injuries

    emagraken
    27 Jan 2012 | 9:46 am
    Reasons for judgement were released last week by the BC Supreme Court, Nanaimo Registry, assessing damages for injuries sustained from two motor vehicle collisions. In last week’s case (Parker v. Lemmon) the Plaintiff was injured in two separate crashes, the first occurred in late 2008 the second the following month.  Fault was admitted by the Defendants for both collisions.  The crashes caused an overlapping indivisible injury and damages were assessed globally. The Plaintiff’s injuries included a Grade 2 Whiplash Associated Disorder in her upper and lower back long with her…

  • “Gold-Plated” Cost of Future Care Report Judicially Criticized

    emagraken
    26 Jan 2012 | 10:06 am
    Following recent judicial criticism of overly robust requests for future care costs, reasons for judgement were released last week by the BC Supreme Court, criticizing a “gold-plated” expert report. In last week’s case (Jarmson v. Jacobsen) the Plaintiff was involved in a motorcycle accident.  Although he sustained serious injuries and was awarded significant damages at trial, his claimed damages for cost of future care was met with skepticism.  In criticizing the expert evidence on this point Mr. Justice Meiklem gave the following reasons: [115]The defendant’s closing…

  • $40,000 Non-Pecuniary Damage Assessment For Chronic Grade 2 Whiplash

    emagraken
    26 Jan 2012 | 10:06 am
    Reasons for judgement were released last week by the BC Supreme Court, Kamloops Registry, assessing damages caused by a motor vehicle collision. In last week’s case (Cameron v. Hsu) the Plaintiff was injured in a 2008 collision.  The Plaintiff was rear-ended and pushed into the vehicle ahead of him.  Fault for the crash was admitted by the Defendant focusing the trial on quantum of damages.  The Plaintiff sustained a Grade 2 Whiplash Associated Disorder as a result of the collision.   His symptoms continued at the time of trial some three years following the crash.  In assessing…
 
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    Federal Employment Law Articles

  • EEOC Reports Record Number of Discrimination Charges

    26 Jan 2012 | 11:00 pm
    Executive Summary: According to information released by the Equal Employment Opportunity Commission (EEOC), in 2011 the agency received a record number of discrimination charges and obtained a record amount of relief for discrimination claimants.

  • Agencies Issue Information on Regulatory Priorities for 2012

    25 Jan 2012 | 11:00 pm
    Federal agencies, including the U.S. Department of Labor (DOL), Equal Employment Opportunity Commission (EEOC), and National Labor Relations Board (NLRB) have issued their regulatory plans and agendas for 2012. Issued on January 20, 2012, the agencies’ semi-annual regulatory unified agendas outline the regulatory actions that the agencies will likely propose or issue in final form during the upcoming fiscal year. The unified agendas are published in the spring and fall of each year. Although published in January, the latest documents represent the fall 2011 agendas. The fall agendas include…

  • The ADA Amendments Act of 2008: Practical Implications for Employers in 2012 and Beyond"

    25 Jan 2012 | 11:00 pm
    Employment and labor law attorney Molly Hughes Cherry co-authored an article for the Defense Counsel Journal, a publication of the International Association of Defense Counsel (IADC).

  • New National Defense Authorization Act Affects Some Medical Providers’ Status with OFCCP

    25 Jan 2012 | 11:00 pm
    The National Defense Authorization Act (“NDAA”), signed by President Barack Obama on December 31, 2011 exempts from Office of Federal Contract Compliance Programs (OFCCP) jurisdiction those medical providers who participate in the Department of Defense (DoD) TRICARE program, DoD’s health care program for active and retired military personnel. This legislation is intended to overturn a 2010 U.S. Department of Labor administrative law judge’s ruling that a Florida hospital providing medical services on behalf of a federal contractor that had contracted with the DoD to establish a…

  • Immigration eAuthority (January 2012)

    25 Jan 2012 | 11:00 pm
    February 2012 Visa Bulletin: EB-2 India and China Priority Dates Leap Forward One Year; H-1B Fiscal Year 2013 Filing Season - Get Ready for April 2; PERM Profile - Updates and Trends in the Labor; Certification Process; Compliance Corner.
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    Florida Estate Planning Lawyer Blog

  • Tortious Interference with an Expected Inheritance in Florida

    4 Jan 2012 | 2:50 pm
    Often before the death, a spouse or someone else in control of assets attempts to rearrange the assets so that it will benefit them and in doing so it can interfere with the desires of the decedent. In these situations, the prospective beneficiaries who have been damaged have the right to bring a cause of action against the person who manipulated the decedent's assets. Some examples of this type of activity include cashing out insurance policies, paying bills our of one account but not another, removing funds from one account and transferring them to another in which they are the beneficiary.

  • How do I file a Claim Against a Florida Trust?

    22 Dec 2011 | 12:44 pm
    In Florida, a creditor may open a probate to reach assets of a decedent which were kept in a trust. The trustee of a decedent's trust is responsible to file a notice of trust with the probate court. If you are unsuccessful in having the trust pay the debts directly, you can open a probate on behalf of the estate, file your claims and are entitled to be reimbursed for the legal expenses related to the opening of the probate. See Florida Statute 736.05053. Remember that failure to file a claim within 2 years of the decedents death can waive your rights to file a claim in the probate court. If…

  • 12 Laws of Christmas - Day 8 Save $250 on Domestic Violence Issues

    13 Dec 2011 | 3:01 am
    12 Laws of Christmas - Day 8 Save $250 on Domestic Violence Issues Just because it is the holidays doesn't mean domestic violence incidences come to a screeching halt. In fact, the opposite can be true. Many reports suggest that domestic violence rates increase during the holidays. If you find yourself this holiday season in the unfortunate position of dealing with or needing an injunction (commonly known as a restraining order) Contact a Jacksonville Family Law Attorney for more details on this offer. To read more about domestic violence, divorce, family law, child support, or child custody…

  • 12 Laws of Christmas - Day 7 File Chapter 7 and Save $500

    12 Dec 2011 | 3:00 am
    12 Laws of Christmas - Day 7 File Chapter 7 and Save $500 December is often a hard time for families to pay their bills. Often in January, people begin to think about filing bankruptcy. This can be a problem because one of the things that must be done prior to filing a bankruptcy is to have filed all previous tax returns including the current year. It is virtually impossible to file your tax returns in January for most people. To reward those who file by the end of the year, we are offing a $500 discount on Chapter 7 Bankruptcy filings. Court fees and costs are not included and generally run…

  • 12 Laws of Christmas - Day 6 Save $500 on Divorce

    11 Dec 2011 | 3:00 am
    12 Laws of Christmas - Day 6 Save $500 on Divorce Considering divorce and want a fresh start for 2012? Apple Law Firm wants to help you make the transition from married to single life as seamless and stress-free as possible. Thus, we are offering $500 off fee agreement which involved a divorce until the end of the year. Contact a Jacksonville Family Law Attorney for more details on this offer. To read more about divorce, family law, child support, or child custody visit the Jacksonville Divorce Attorney Blog The Apple Law Firm has decided to do 12 great specials for our new and existing…
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    Slaw

  • The Friday Fillip: 3D the Old-Fashioned Way

    Simon Fodden
    27 Jan 2012 | 8:24 am
    3D keeps coming (and going). It's here now in the movies and threatens to poke itself (John-Candy-like) out of our TVs. It was there for a while about sixty years ago also at the movies and in the glories of Viewmaster. And just before the turn of the century before this one, stereographs or stereograms were popular, those almost double photographs that were viewed through a device that look rather like a small library card catalogue drawer. Well stereographs have been brought back, this time by the New York Public Library, and thanks to the "miracles of modern science"…

  • You Might Like… Diversions on Blouses, Consciousness, Fur, Pearls, Money, Umami, and More

    Administrator
    27 Jan 2012 | 6:00 am
    This is a post in a series appearing each Friday, setting out some articles, videos, podcasts and the like that contributors at Slaw are enjoying and that you might find interesting. The articles tend to be longer than blog posts and shorter than books, just right for that stolen half hour on the weekend. It’s also likely that most of them won’t be about law — just right for etc. Please let us have your recommendations for what we and our readers might like. Polyvore – A fashion shopper's playground, where users get to clip their favourite products from across the web and…

  • Small Talk Is a Big Opportunity: How to Work a Room

    Margaret McCaffery
    27 Jan 2012 | 6:00 am
    Do you rank attending law firm social events right down there on the popularity scale below having a root canal? If so, you’ll identify with a young lawyer in one of my seminars. He’d been told to attend a cocktail party being given by his practice group. Here’s how the evening went: “I had to work late, so when I rushed up to the boardroom, it was full of people at least 20 years older than me. I knew no one, and everyone else seemed to know everyone.” Another lawyer shot back: “Think yourself lucky. At our client event, I was the youngest, I knew no one—and I was the only…

  • U.S. Judges Report Little Juror Misuse of Social Media

    Michel-Adrien Sheppard
    26 Jan 2012 | 5:44 pm
    Despite anecdotal evidence of jurors misbehaving when using the Internet and social media (for instance, the recent article on Slaw English Court Jails Juror Who Used Internet Search), a recent survey of members of the U.S. federal judiciary reveals that the problem appears less widespread than many assume. The Federal Judicial Center was asked by a committee of the policy-making Judicial Conference of the United States to survey federal judges on the issue (response rate was 53%). The results, based on the responses of 508 responding judges, indicate that detected social media use by jurors…

  • Slaw Site News – 2012-01-26

    Administrator
    26 Jan 2012 | 4:13 pm
    Site news for those who read Slaw only via RSS or email 1. Comment Watch: In the last week there were 33 comments. You might be particularly interested in these: the eight comments on Simon Fodden's "Apple's New iBooks Author" discussing the EULA required by that software the thoughtful exchange on Jamie Maclaren's column, "A Pay or Play Proposition for Access to Justice." the enthusiastic comments on Ruth Bird's column, "Professional Associations and Why They Matter" You can subscribe to the comments on Slaw either as a separate matter (RSS,…
 
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    Virtual Law Practice

  • Standing Committee Recommends Deletion of Problematic Advertising Rule

    slkimbro
    27 Jan 2012 | 10:26 am
    Remember how I wrote that virtual practitioners may need to collaborate with “branded network concepts” when updating their marketing strategies?  I also argue that this is necessary in the conclusion of my new book on unbundling because it’s a major component in increasing overall access to justice. Apparently I’m not the only one who sees the potential benefits to the public and the profession from the availability of newer online lawyer advertising methods. The ABA Standing Committee on the Delivery of Legal Services has written a letter to the Commission on…

  • Accepting Nominations for Excellence in eLawyering Award

    slkimbro
    18 Jan 2012 | 7:13 am
    The ABA eLawyering Task Force is accepting nomination forms for the annual James I. Keane Memorial Award for Excellence in eLawyering. The award is given to a lawyer who has developed innovative legal service delivery over the Internet. The focus of the award is on the delivery of personal legal services, especially those that serve individuals of moderate to middle class means. Nominees may be individual lawyers, a law firm, or any other organization that delivers legal services to individuals. Last year’s Keane Award recipient was Orange County California Legal Aid Society for…

  • Connecting the Dots between ELawyering and Legal Services

    slkimbro
    13 Jan 2012 | 9:03 am
    This week I was honored to provide a plenary presentation at this year’s Legal Services Corporation’s Technology Initiative Grants (TIG) conference in Albuquerque. The title of my talk was “Going Virtual to Expand Access” and my purpose was to provide the attendees with an overview of how private practice lawyers and law firms are using technology to delivery legal services online. I discussed the current state of the legal marketplace, where it is heading, and the changing expectations of clients in a more Internet-driven world. At the end, I posed a few questions for…

  • Workshop on the Future of the Legal Profession and Legal Education

    slkimbro
    4 Jan 2012 | 9:35 pm
      The Association of American Law Schools (AALS) is holding its annual conference in D.C. this week. I’ll be taking part in a panel discussion entitled “Technological Innovation in Practice and Education.” The conference has an entire workshop devoted to the future of the profession and legal ed. I see that as an acknowledgement that the legal education system is in need of innovation and reform and fast.  If the legal profession is going to be rescued from its downward spiral, it’s got to start with the law schools. A few of the questions the workshop will…

  • Proposed CA Ethics Opinion on Virtual Law Offices

    slkimbro
    17 Dec 2011 | 10:52 am
    The State Bar of California has released a draft formal ethics opinion (No. 10-0003) regarding the use of a “virtual law office practice” by an attorney. This seven page ethics opinion was tentatively approved by the State Bar Standing Committee on Professional Responsibility and Conduct on November 5th and has been published for a 90-day public comment period. The question posed in the opinion: May an attorney maintain a virtual law office practice (“VLO”) and still comply with her ethical obligations, if the communications with the client, and storage of and access to all…
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    Florida Estate Planning Lawyer Blog

  • Tortious Interference with an Expected Inheritance in Florida

    4 Jan 2012 | 2:50 pm
    Often before the death, a spouse or someone else in control of assets attempts to rearrange the assets so that it will benefit them and in doing so it can interfere with the desires of the decedent. In these situations, the prospective beneficiaries who have been damaged have the right to bring a cause of action against the person who manipulated the decedent's assets. Some examples of this type of activity include cashing out insurance policies, paying bills our of one account but not another, removing funds from one account and transferring them to another in which they are the beneficiary.

  • How do I file a Claim Against a Florida Trust?

    22 Dec 2011 | 12:44 pm
    In Florida, a creditor may open a probate to reach assets of a decedent which were kept in a trust. The trustee of a decedent's trust is responsible to file a notice of trust with the probate court. If you are unsuccessful in having the trust pay the debts directly, you can open a probate on behalf of the estate, file your claims and are entitled to be reimbursed for the legal expenses related to the opening of the probate. See Florida Statute 736.05053. Remember that failure to file a claim within 2 years of the decedents death can waive your rights to file a claim in the probate court. If…

  • 12 Laws of Christmas - Day 8 Save $250 on Domestic Violence Issues

    13 Dec 2011 | 3:01 am
    12 Laws of Christmas - Day 8 Save $250 on Domestic Violence Issues Just because it is the holidays doesn't mean domestic violence incidences come to a screeching halt. In fact, the opposite can be true. Many reports suggest that domestic violence rates increase during the holidays. If you find yourself this holiday season in the unfortunate position of dealing with or needing an injunction (commonly known as a restraining order) Contact a Jacksonville Family Law Attorney for more details on this offer. To read more about domestic violence, divorce, family law, child support, or child custody…

  • 12 Laws of Christmas - Day 7 File Chapter 7 and Save $500

    12 Dec 2011 | 3:00 am
    12 Laws of Christmas - Day 7 File Chapter 7 and Save $500 December is often a hard time for families to pay their bills. Often in January, people begin to think about filing bankruptcy. This can be a problem because one of the things that must be done prior to filing a bankruptcy is to have filed all previous tax returns including the current year. It is virtually impossible to file your tax returns in January for most people. To reward those who file by the end of the year, we are offing a $500 discount on Chapter 7 Bankruptcy filings. Court fees and costs are not included and generally run…

  • 12 Laws of Christmas - Day 6 Save $500 on Divorce

    11 Dec 2011 | 3:00 am
    12 Laws of Christmas - Day 6 Save $500 on Divorce Considering divorce and want a fresh start for 2012? Apple Law Firm wants to help you make the transition from married to single life as seamless and stress-free as possible. Thus, we are offering $500 off fee agreement which involved a divorce until the end of the year. Contact a Jacksonville Family Law Attorney for more details on this offer. To read more about divorce, family law, child support, or child custody visit the Jacksonville Divorce Attorney Blog The Apple Law Firm has decided to do 12 great specials for our new and existing…
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    Native American Legal Update

  • Free Tribal Retirement Plans Webinar -- Tuesday 31 January

    Greg Guedel
    26 Jan 2012 | 4:39 pm
    Please join us Tuesday, January 31, 2012 | 10:00 – 11:30 am (PST) for a complimentary webinar session, as part of the continuing Tribal Retirement Plans Forum.  Our topic this session: IRS Requests Comments on Sovereignty over Retirement Plans On November 7, 2011, the IRS solicited comments from the public on possible standards for determining whether a tribal retirement plan is a governmental plan. This Forum session covers the IRS’ request for comments and what Tribal Governments can do to respond. Featured topics include: Determining “Governmental” Status for…

  • Major New Online Resource For Tribal Law And Courts Launched

    Greg Guedel
    25 Jan 2012 | 1:20 pm
    The Tribal Law and Policy Institute is pleased to announce the launch of the enhanced & updated Walking on Common Ground  web resource, which provides a wealth of information on Tribal law and Tribal Court practice. The primary focus of the website is: * Identify and develop resources concerning tribal/state court collaboration & promising practices * Identify and develop resources concerning Public Law 280 tribal/state court collaboration & promising practices * Subject areas include: courts, law enforcement, detention, child welfare, and multi-agency agreements…

  • Tribal Gas Tax Exemption Under Fire

    Greg Guedel
    13 Jan 2012 | 3:08 pm
    Erik Smith/ Washington State Wire A group representing nontribal gas station owners says the tribes get an unfair tax break that lets them beat the competition on price. Under compacts with 16 tribes, Washington state gives them a 75 percent discount from state gas taxes. There are 51 tribal gas stations in Washington, where fuel prices are consistently 7 to 12 cents a gallon less than at other stations due in part to the tax rebate. If tribes were to pay the full amount, the state would reap an additional $30 million a year to fix highways. In 2007, the Legislature passed a law allowing…

  • Where's My Cobell Money?

    Greg Guedel
    4 Jan 2012 | 5:29 pm
    Many Native Americans are wondering about the status of the $3.4 billion Cobell settlement, and when the funds will be paid to those who are eligible. The United States District Court for the District of Columbia granted Final Approval for the Indian Trust Settlement at the Fairness Hearing in 2011.  Final Approval will become effective and payments will be distributed once all appeals have been resolved. There are two active appeals. The first was filed by Kimberly Craven on August 6, 2011. The other is a consolidated Appeal of Carol Eve Good Bear, Charles Columbe, and Mary Aurelia…

  • Department Of Interior Unveils New Tribal Consultation Policy

    Greg Guedel
    4 Jan 2012 | 1:22 pm
    Secretary of the Interior Ken Salazar and Assistant Secretary for Indian Affairs Larry Echo Hawk have unveiled the new Tribal Consultation Policy for the Department of the Interior, designed to launch “a new era” of enhanced communication with American Indian and Alaska Native tribes.  “This comprehensive initiative reflects President Obama’s commitment to strengthening the government-to-government relationship between the United States and tribal nations and recognizing their fundamental right to self-governance,” Secretary Salazar said in signing a…
 
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    The California Wage and Hour Law Blog

  • Bridgeford v. Pacific Health: Class Cert Denial Does Not Establish Collateral Estoppel Against Absent Class Members

    Steven G. Pearl
    27 Jan 2012 | 5:46 pm
    In Smith v. Bayer Corp., 564 U.S. ---, 131 S.Ct. 2368, 2011 WL 768649 (6/16/11) (blogged herethe Supreme Court of the United States held that a District Court's denial of a Rule 23 class certification motion does not prevent separate plaintiffs from seeking certification in a separate state court action.   In Bridgeford v. Pacific Health Corporation (1/18/12) --- Cal.App.4th ----, 2012 WL 130615, the California Court of Appeal held that denial of class certification in one action does not prevent absent class members from filing a second class action making the same…

  • Zelasko-Barrett v. Brayton-Purcell: Supreme Court Grants Review and Holds Pending Kirby v. Immoos

    Steven G. Pearl
    20 Jan 2012 | 2:53 pm
    In Zelasko-Barrett v. Brayton-Purcell, LLP (8/17/11) 198 Cal.App.4th 582, the Court of Appeal held that a law school graduate who was not licensed to practice law but who worked for a law firm and performed tasks customarily performed by junior attorneys was exempt as a learned professional. My post on Zelasko-Barrett is here. I thought the Supreme Court would grant and hold pending its decision in Harris v. Superior Court (12/29/11) --- Cal.4th ----, 2011 WL 6823963, which most people thought would shed light on the white collar exemptions. (As it turned out, Harris shed little light on…

  • Raniere v. Citigroup: District Court Holds Collective Action Waiver Unenforceable as Preventing Employees From Vindicating Substantive Statutory Rights under the FLSA

    Steven G. Pearl
    19 Jan 2012 | 5:06 pm
    Thank you to Andrew Frisch for his Overtime Law Blog. Mr. Frisch does a truly excellent job of covering FLSA developments, and I recommend his blog highly. Mr. Frisch has written a detailed article on an interesting District Court case, Raniere v. Citigroup Inc. (S.D.N.Y. 11/22/11). I will not review the case in detail but will only note a few important points. In Raniere, three individuals brought a putative nationwide FLSA collective action for unpaid overtime, alleging that the defendants classified its home mortgage consultants as exempt employees and failed to pay them overtime…

  • Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC:

    Steven G. Pearl
    18 Jan 2012 | 4:46 pm
    I am mediating more cases that fall outside of the wage and hour realm, and wanted widen the blog's focus to include more traditional employment law.   In Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, --- S.Ct. ----, 2012 WL 75047 (1/11/12), the Supreme Court considered whether a minister may sue her church for wrongful termination based on acts of discrimination. In a unanimous opinion written by Chief Justice Roberts, the Court held that the Establishment and Free Exercise Clauses of the First Amendment bar such actions. Cheryl Perich worked as a teacher for…

  • CompuCredit Corp. v. Greenwood: New SCOTUS Arbitration Decision May Shed Light on Future of Employment Class Action Waivers

    Steven G. Pearl
    18 Jan 2012 | 2:41 pm
    In CompuCredit Corp. v. Greenwood, --- S.Ct. ----, 2012 WL 43514 (1/10/12) the Supreme Court of the United States (SCOTUS) considered whether the Credit Repair Organizations Act (CROA), 15 U.S.C. § 1679 et seq., precludes enforcement of an arbitration agreement in a lawsuit alleging violations of that Act. The plaintiffs filed a putative class action under the CROA, the defendant moved to compel arbitration, the trial court (N.D.Cal., Judge Claudia Wilken) denied the motion, and the Ninth Circuit affirmed.  In an opinion written by Justice Scalia, the…
 
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    Consumer Class Actions and Mass Torts

  • Louisiana Appeals Court Affirms Summary Judgment For Product Suppliers in Worker's Injury Claim

    Russell Jackson
    27 Jan 2012 | 7:33 am
    In the field of products liability, one often sees courts bend the rules beyond recognition in trying to "save" a plaintiff's claim, particularly in cases where the law and facts otherwise would dictate what many might view as hard results.  I was encouraged to read Batiste v. Brown, 2012 WL 206289 (La. App. -- 5th Cir. Jan 24, 2012), in which the court affirmed summary judgment on basic legal defenses without engaging in such legal machinations. In Batiste, the plaintiff was injured on the job, which meant that his sole remedy vis a vis his employer was workers'…

  • Federal Court Denies Certification of Personal Injury and Emotional Distress Claims

    Russell Jackson
    26 Jan 2012 | 8:19 am
    Conventional wisdom says that classes involving personal injuries or emotional distress damages cannot be certified because individual issues predominate those types of claims.  As Law360 reported on Tuesday, that conventional wisdom was confirmed by a recent decision in the litigation involving Similac powdered infant formula, which the manufacturer had recalled based on reports of beetle larvae contamination that allegedly caused some infants to suffer gastrointestinal problems.  See Brandner v. Abbott Labs., Inc., Civ. A. No. 10-3242, Slip op. (E.D. La. Jan. 23, 2012). Plaintiff…

  • Nutella Settlement, Part II

    Russell Jackson
    24 Jan 2012 | 7:05 am
    Last Thursday I had a post about the Nutella settlement in New Jersey.  In the post, I explained that there had been competing class actions, that the California action had been certified as a statewide (California) class, and that the New Jersey plaintiffs and the defendant had jointly moved for a settlement of the New Jersey putative nationwide class action. Apparently as I was drafting that post, a second settlement was being announced.  Who knew?  Last Thursday the parties in the California statewide class action filed a joint motion for preliminary approval of a settlement…

  • Texas Commercial Speech Restrictions Fail Central Hudson Test

    Russell Jackson
    20 Jan 2012 | 8:32 am
    Increasingly product sellers are challenging government regulations that seek to restrict or prescribe how sellers speak about their products.  Commercial speech is still speech that is protected by the First Amendment to the Constitution.  And the government must meet some pretty stringent elements to restrict a seller's truthful speech about its product.  Under the test articulated more than 30 years ago in Central Hudson Gas & Electric Corp. v. Public Service Commission, 447 U.S. 557 (1980), the proponent of a government restriction on speech bears the burden of…

  • My Take on the Proposed Nutella Settlement

    Russell Jackson
    19 Jan 2012 | 6:03 am
    I'll admit to being a bit of an idealist.  (You're shocked, SHOCKED, at that admission, no doubt.)  I understand that one often may not be able to win in a particular trial court, regardless of how right one is on the law or the facts.  But I generally believe in the power of a well-written appeal to right such wrongs.  And personally, I'd rather spend my money establishing that I am right on the law than spend the same amount settling and sweeping a bad decision under the rug.  In my experience, hard-fought appellate victories pay future dividends as opponents (and…
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    The Securities Law Blog

  • SEC Obtains Emergency Relief Against St. Louis-Based Private Investment Funds after Charging Them and Their Principal with Fraud

    27 Jan 2012 | 10:24 am
    The SEC has obtained an emergency court order to freeze the assets of St. Louis-based private investment funds and management firms after suing them and their principal for a scheme to defraud investors. It is alleged that the principal diverted more than $9 million of investors’ money to himself without their knowledge or consent. He recorded the transfers as ‘loans” in his companies’ books. He raised $88 million from investors who were told their funds would be invested in emerging financial services and technology companies.“Morriss attempted to hide his illegal transfers of…

  • SEC Charges Florida Bank Holding Company and CEO with Misleading Investors about Loan Risks During Financial Crisis

    27 Jan 2012 | 8:00 am
    The SEC charged a holding company for one of Florida’s largest banks and its top executive with misleading investors about growing problems in one of its significant loan portfolios early in the financial crisis. It is alleged that BankAtlantic Bancorp and it's CEO made misleading statements in public filings and earnings calls so as to hide the deteriorating state of a large portion of the bank’s commercial residential real estate land acquisition and development portfolio in 2007. BankAtlantic and the CEO then committed accounting fraud when they schemed to minimize BankAtlantic’s…

  • FINRA Fines Merrill Lynch $1 Million for Failure to Arbitrate Disputes With Employees

    26 Jan 2012 | 11:00 am
    FINRA has fined Merrill Lynch, Pierce, Fenner & Smith $1 million for failing to arbitrate disputes with employees relating to retention bonuses. Registered representatives who participated in the bonus program had to sign a promissory note that prevented them from arbitrating disagreements relating to the note, forcing the registered representatives to resolve disputes in New York state courts.After merging with Bank of America in January 2009, Merrill Lynch implemented a bonus program to retain certain high-producing registered representatives and purposely structured it to circumvent…

  • FINRA Fines Citigroup Global Markets $725,000 for Failure to Disclose Conflicts of Interest in Research Reports

    26 Jan 2012 | 8:00 am
    FINRA has fined Citigroup Global Markets, Inc. $725,000 for failing to disclose certain conflicts of interest in its research reports (published from January 2007 through March 2010) and research analysts' public appearances. Due to technical deficiencies, the database Citigroup used to identify and create disclosures was inaccurate or incomplete. In concluding this settlement, the firm neither admitted nor denied the charges, but consented to the entry of FINRA's findings.FINRA Fines Citigroup Global Markets $725,000 for Failure to Disclose Conflicts of Interest in Research Reports

  • Texas-Based Accountant Pleads Guilty to Lying to SEC Investigators

    25 Jan 2012 | 12:29 pm
    The SEC announced that a Texas-based former audit partner at accounting and consulting firm BDO USA LLP has pled guilty to criminal charges for lying to SEC enforcement staff during investigative testimony. Last year the SEC issued subpoenas to BDO and the accountant who was responsible for auditing several hedge funds managed by an investment adviser that the SEC is investigating. The criminal information states that the audit is a central issue in the SEC inquiry, and investigators took testimony from the accountant to obtain information about his role in the audit process and assess his…
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    Allen & Allen Law Blog

  • Safe Teen Driving – How to Help Your Teenage New Driver

    ejk
    27 Jan 2012 | 3:20 pm
    Just because you have a license does NOT mean you are ready to drive! Paul D. Hux, Petersburg personal injury attorney Author: Paul D. Hux, Petersburg Personal Injury Lawyer What parents can do to help new drivers once they get their license? As a Virgina personal injury attorney that has seen many terrible car accidents – and as the father of twin boys that recently received their licenses – I cannot help but be worried every time they get behind the wheel of a car.  I know they have both taken the driver’s education class in school, gone through “behind the wheel”…

  • Allen & Allen Offering Free Consultation in Yaz* Related Cases

    ejk
    19 Jan 2012 | 7:04 am
    Richmond Injury Lawyer Jason W. Konvicka If you used the birth control pill Yaz* and had a blot clot leading to a pulmonary embolism, deep vein thrombosis or stroke, you should be aware that the national Judge handling this litigation has ordered the manufacturer to come to the bargaining table to work out a settlement for the victims. Yaz* includes Yasmin, Beyaz, Gianvi, Loryna, Ocella, Syeda and Zarah. The law firm of Allen & Allen is investigating claims arising from patients taking Yaz*, and helping those recipients who have valid claims.  Contact our product liability attorneys for…

  • Allen & Allen Announces Hiring of John G. “Jack” Berry as Partner to Manage Charlottesville Office

    ejk
    18 Jan 2012 | 10:58 am
    Allen, Allen, Allen & Allen is pleased to announce that John G. “Jack” Berry will join the firm as a partner on February 1, 2012.  He will manage the firm’s Charlottesville Office. Mr. Berry was born in Charlottesville, and raised in Madison County, Virginia.  He graduated magna cum laude from Washington & Lee in 1976, and was elected to Phi Beta Kappa.  He attended law school at the University of Virginia, graduating and then joining the Bar in 1979.  He began his legal career at the law firm of Puryear, Chandler and Early with offices in Charlottesville, Madison, and…

  • Property Damage – Diminished Value Claims in Virginia

    ejk
    16 Jan 2012 | 7:48 am
    Richmond Injury Lawyer Scott D. Fitzgerald Author:  Scott D. Fitzgerald, Richmond Personal Injury Lawyer In Virginia, if your car has been damaged due to the negligence of another person, you can recover not only the cost of repair, but also the “loss of value” that your vehicle sustained as a result of the accident.[1] This may not make sense at first glance, but in some cases, even professional repairs to a damaged vehicle do not restore the automobile to its pre-accident value. Take the example of an antique car that has never been in an accident, was kept in excellent condition, and…

  • Child Support Liens and Personal Injury Cases in Virginia

    ejk
    12 Jan 2012 | 1:44 pm
    Richmond Car Accident Lawyer Author: Christopher A. Meyer, Richmond Personal Injury Lawyer Many people in the Commonwealth of Virginia are required by court order to financially support children and have been unable to keep up with the court ordered payments.  In such cases, the Commissioner of the State Department of Social Services may cause an order to issue that attaches to property and income owed to the debtor by a third person and requires that such property or income be turned over to the Commonwealth in satisfaction of the past due child support.  There is a specific statute,…
 
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    Decoupling Seattle Family Law and Divorce Blog

  • Abraham Lincoln: Divorce Attorney

    liz
    27 Jan 2012 | 2:05 pm
    A few years ago, I was fortunate enough to be in Washington D.C. during the running of the “Abraham Lincoln: An Extraordinary Life” exhibition at the National Museum of American History.  The exhibition was wide-ranging in scale, but of particular interest to me was the portion describing Lincoln’s 23-year career as a “prairie lawyer” in Springfield, Illinois.  I was…

  • Getting Divorced When You Have an Infant

    liz
    20 Jan 2012 | 3:05 pm
    Divorce can be an especially painful process for parents with infants.  In addition to the stress and emotion of caring for a new baby, the parents also have to adapt to living apart and co-parenting under less-than-ideal circumstances.  And, unlike older children who are capable of expressing their feelings verbally, it can be difficult for parents to determine how their…

  • The Same Sex Divorce Quandary – Updated!

    liz
    13 Jan 2012 | 2:24 pm
    On a global level, the law regarding same sex marriage seems to be changing every day.  Here in Washington, where”everything but marriage” domestic partnerships have been in effect since 2007,  the state legislature appears to be on the verge of making same sex marriage legal.  And of course, there are six other states in the United States, as well…

  • WWII-Era Affair Ends 77 Year Marriage

    liz
    3 Jan 2012 | 5:55 pm
    According to the Telegraph, a ninety-nine year old Italian man has set a new record: world’s oldest divorce petitioner.  The man, identified only as “Antonio C.”, discovered letters indicating that his ninety-six year old wife “Rosa C.” had carried on an affair during the 1940s.  The devastated man confronted his wife, who admitted that she had indeed been unfaithful…

  • Understanding De Factor Parentage in Washington State (Part 2 of 3)

    liz
    28 Dec 2011 | 12:33 pm
    In this three-part series, we’re examining the Washington common law remedy of “de facto parentage,” which will sometimes afford parental rights to individuals who are not legally considered parents to a child, if they can prove that they have – in the words of the Washington Supreme Court – “fully and completely undertaken a permanent, unequivocal, committed, and responsible parental…
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    Construction Law Musings- Richmond, VA

  • A Balanced Recipe

    Christopher G. Hill
    27 Jan 2012 | 8:00 am
    For this week’s Guest Post Friday here at Construction Law Musings we welcome back Nick Pacella.  Nick is an architect licensed in New York, New Jersey and Connecticut. His practice has spanned several economic swings and he has been able to reposition the eggs in his basket to make the most of each recovery. He is currently focusing on adapting existing commercial buildings to take advantage of materials and processes that promote improved energy efficiency for both the owner and the tenants. For a more colorful rendition of projects you can visit his company’s website,…

  • Read Your Construction Contract Arbitration Clauses Carefully

    Christopher G. Hill
    23 Jan 2012 | 8:00 am
    Image via Wikipedia In May of last year, we discussed an opinion in U.S. ex rel. Thyssenkrupp Safway Inc. v. Tessa Structures LLC.  If you recall, this case involves a three way payment dispute between a supplier, Thyssenkrupp, a subcontractor, Tessa Structures, and a general contractor, Vista Contracting.  As discussed in the prior post, Thyssenkrupp did not get paid on a federal project and filed a Miller Act bond claim against all of the appropriate parties and a breach of contract claim against Tessa Structures.  Tessa Structures then cross claimed against Vista Contracting for…

  • Virginia Business on Green Building

    Christopher G. Hill
    20 Jan 2012 | 8:00 am
    Originally posted 2009-03-31 17:11:00. Republished by Blog Post PromoterThis month’s Virginia Business Magazine is a great issue on green jobs in Virginia. The whole issue is very worth reading. I was fortunate enough to be interviewed in connection with the piece entitled “LEEDing the Way?” The topic of discussion in this article is the incentive provided by the market and state and local governments for building green. Please check it out. Related Musings:8 DurretteBradshaw PLC Attorneys In Virginia’s Legal EliteThanks for the Legal Elite NominationThanks from…

  • LEED and Effective Job Creation

    Christopher G. Hill
    20 Jan 2012 | 8:00 am
    Image via Wikipedia For this week’s Guest Post Friday here at Construction Law Musings, we welcome back Elaine Hirsch.  Elaine describes herself as a kind of a jack-of-all-interests, from education and history to medicine and videogames. This makes it difficult to choose just one life path, so she is currently working as a writer for various education-related sites and writing about all these things instead. While layoffs and business closings are making the news, there is one sector that is quietly educating and growing a new economy filled with transformation and economic recovery.

  • Estimating Benchmarks in 2012

    Christopher G. Hill
    18 Jan 2012 | 8:00 am
    For this mid-week Guest Post Friday post, we welcome Houston Neal.  Houston is the Director of Marketing at Software Advice, a website that presents reviews and comparisons of construction software. Houston joined the company in 2007, just shortly after it was started. He spends most of his day getting the word out about Software Advice’s resources. He enjoys researching and reporting trends in software and technology. You can’t manage what you don’t measure, let alone improve it. Yes it’s cliche, but this old adage is just as true today as it was when William Edwards Deming…
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    Lowering the Bar

  • Bill Would Ban Using Human Fetuses in Food, Just in Case Anybody's Thinking of Doing That

    Kevin
    27 Jan 2012 | 6:30 am
    Oklahoma state senator Ralph Shortey is concerned about the possibility that some nefarious person or entity is using aborted human fetuses in food, and has introduced legislation to put a stop to this. Or, to keep it from starting, because he isn't exactly sure that anybody's really doing this, or how or where they'd be doing it if they were. Still, can't be too careful.  SB 1418 is, at least for the moment, just this one sentence: No person or entity shall manufacture or knowingly sell food or any other product intended for human consumption which contains aborted human fetuses in the…

  • Penguin Defecates in Kentucky Legislature

    Kevin
    25 Jan 2012 | 1:04 pm
    I don't know about you, but I for one am sick and tired of these penguins befouling our nation's halls of government. Seems like everytime you turn around, there's another penguin pooping in a legislature. Can the candidates take this up at the next debate? Surely they're running out of subjects by now anyway. The Disrespectful Blackfooted Penguin The target yesterday was the Kentucky Senate, to which a penguin had been invited because the body was taking up Senate Resolution 92, honoring the Newport Aquarium for its contributions to the "aquatic world in general" and specifically "its…

  • Balloon Stolen

    Kevin
    25 Jan 2012 | 7:00 am
    Have you no sense of decency, Minnesota balloon thieves? At long last, have you left no sense of decency? A smiley-face balloon, no less. Not since someone stole two bags of juggling equipment and a unicycle during the 2006 Flatland Juggling Festival has the Midwest been rocked by a senseless crime of such minitude. Link: Albert Lea (Minn.) Tribune (via Dave Barry)

  • Further Pain on Appeal for Gun-Safety Instructor Who Shot Himself

    Kevin
    24 Jan 2012 | 10:58 am
    The Legal Times reports that on January 17, the D.C. Circuit affirmed the dismissal of Lee Paige's lawsuit against his employer, the Drug Enforcement Administration, likely bringing this saga to a close. As you may recall, Mr. Paige shot himself in the leg in 2004, approximately three seconds after telling a roomful of people that he was the only person in the room "professional enough" to handle a gun. Painful in a different way was the fact that an audience member had been recording the gun-safety presentation, a video that later reached the Internet. Paige sued the DEA in 2006, claiming…

  • If Pajamas Are Outlawed, Only Outlaws Will Wear Pajamas

    Kevin
    23 Jan 2012 | 4:38 pm
    I guess that slogan does work better for guns, probably because that's something people might conceivably care about. At least, until recently it honestly hadn't occurred to me that the wearing of pajamas, even in public, could cause any controversy. Maybe it should have, given the number of words I have directed at the nation's War on Sagging. See, e.g., "Georgia Town Enters Fight Against Sagging Pants," Lowering the Bar (Sept. 14, 2010) (noting that, at the time, at least a dozen state and local legislatures had taken up this critical issue). At least three Louisiana towns banned…
 
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    Ohio Family Law Blog

  • The War of the Wives: Is it Time to Disarm?

    Guest Contributor Donna F. Ferber, LPC, LADC
    28 Jan 2012 | 5:00 am
    No relationship is more maligned in our culture than that of first wives and second wives. While we make fun of mother-in-laws, many admit to having wonderful fulfilling relationships with their M-I-L. Not so with the “Ex” and the “Next”. Judged as guilty before even tried, these women are pitted against each other by circumstance. Stereotypes abound; the first wife was a “crazy nagging bitch” and the second one “a cheap slut”! Unfortunately, these stereotypes often eclipse the potential for a positive relationship; these women are preprogrammed not to like each other by…

  • Parenting Time Suspension for Bad Behavior

    Jessica M. Shively
    21 Jan 2012 | 5:00 am
    Parenting Time Suspension can occur when a parent’s bad behavior gets in the way of the child’s best interest. “Children must be considered in a divorce, considered valuable pawns in the nasty legal and financial contest that is about to ensue.” – P.J. O’Rourke The truthfulness of O’Rourke’s statement cannot be more evident. Children going through a divorce are often caught in the middle of two parents at war. They can be fighting about money, parenting time, adultery committed, or even about why the toilet seat was once again left up. Although this fighting in and of…

  • Support Payments and The Support Enforcement Agency

    Anne Shale
    14 Jan 2012 | 5:00 am
    In Ohio, Do Support Payments Have To Be Made Through The Support Enforcement Agency? Do child support/spousal support payments have to be made through the Child Support Enforcement Agency (CSEA) or through the Ohio Child Support Payment Central (OCSPC)? This question is generally answered with a resounding “Yes”! There are many reasons for the involvement of the CSEA and the OCSPC. What do the CSEA and OCSPC stand for? What role do they play in Support Payments? Each county in the State of Ohio has its own Child Support Enforcement Agency (CSEA) charged with keeping accounts and payment…

  • Grandparenting Styles: Taking the Quiz

    Robert L. Mues
    7 Jan 2012 | 5:00 am
    Grandparenting Styles: Impressions By a Dayton, Ohio, Divorce Lawyer It was truly a memorable Christmas. In the past we have usually managed to get the “family” together in Dayton, Ohio. But this year I locked the door of my law office; and my wife and I flew to Dallas to be with our son, daughter-in-law and our first grandchild – Hannah. We were fortunate enough to have been able to travel from Dayton, Ohio, to Texas to be in the hospital when Hannah was born five (5) months or so ago, but we haven’t visited in person since. I wish we lived closer. Dayton and Dallas are a long way…

  • Postnuptial Agreements — Are they Valid in Ohio?

    Joseph E. Balmer
    31 Dec 2011 | 5:00 am
    Did not make a Prenuptial Agreement, Are Postnuptial Agreements allowed? I am often asked whether a couple that never got around to executing an antenuptial (or prenuptial) agreement before they got married can execute a postnuptial agreement after the marriage ceremony. The answer varies greatly from state to state, and it is important to get an answer from an advisor familiar with the laws of the state in which the couple is residing. Does Ohio Allow  Postnuptial AgreementS? In Ohio, the answer is clearly “no”. This goes back to the concept in Ohio that a husband and wife have a duty…
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    » AttorneySync’s Blog

  • How Many Practice Areas Can I Effectively Target With One Website?

    Jeff Berman
    27 Jan 2012 | 5:20 am
    So how many practice areas can you target with one website? The answer, of course, is that it depends. What I hope to do with this post is shed light on some of the problems and considerations with targeting multiple, unrelated practice areas so that you can make a decision that is a best fit [...]

  • Law Firm SEO Is Not An Advertising Strategy

    Jeff Berman
    19 Jan 2012 | 10:08 am
    I think we’ve reached an inflection point where the concept of SEO has spread to the mainstream legal community. Firms that were resisting getting on board in the past now realize they need to allocate more resources towards their SEO strategy. There are certainly a large number of firms that have been actively involved in [...]

  • Your Law Firm’s SEO Playbook for 2012

    Gyi Tsakalakis
    9 Dec 2011 | 1:46 pm
    Over at SearchEngineLand, Tom Schmitz gives us his SEO Playbook for 2012: During 2011 the conservative attitude toward code crossed chasm to apply to content. For years, websites churned-out poorly written, generic articles in the name of long-tail keyword optimization. It worked so well some people turned crappy content into startups. Now, thanks to Panda, [...]

  • (not provided) Higher Than Suggested

    Gyi Tsakalakis
    15 Nov 2011 | 1:35 pm
    Have you noticed (not provided) climbing in the keyword dimension of your Google organic search traffic? Well you’re not alone. Rand at SEOmoz confirms higher than expected not provided searches. Several other higher traffic sites on the web are seeing similar results. While Google maintains that its initial estimates of under 10% impact on total [...]

  • Internal Link Structure of Your Law Firm Website

    Gyi Tsakalakis
    1 Nov 2011 | 8:52 am
    When it comes to attracting links to your law firm website, there is a lot of misinformation on the web. In this video, Google’s Head of Webspam, Matt Cutts, explains whether multiple links from one page to another page count in Google’s ranking algorithm. As Matt states, the larger point is here is that if [...]
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    3 Geeks and a Law Blog

  • Staying Relevant - Part 3: Competition Takes Many Forms

    27 Jan 2012 | 5:09 am
    Image [cc] marcokalmannIn Part 2 of this series we covered the beginnings of major change in the legal market along with the initial responses from firms and lawyers. Non-Traditional Competitors An emerging and compelling reason for lawyers to make different business decisions is coming from new breeds of competitors. One example is the Legal Process Outsourcer (LPO) market. These companies started as off-shore (typically India) based providers for first document review in litigation. They hire English speaking, American law trained candidates in other, lower wage countries. These much…

  • Google Author Tags: Google's All Up in My Business

    26 Jan 2012 | 5:34 pm
    Today, I spent a lot of time messing around with Blogger, Feedburner and Google+. There is a lot of change afoot with the upgrades in Google+. Integration for the most part has been pretty smooth--I like that if you have a Google+ account and a Blogger account, it is fairly simple to integrate and feed your new blog posts to your Google+. But what isn't so easy is integrating co-authored blogs into Google+. Thanks to a tip from HubSpot, I found a bit of a work-around by setting up a Google+ author tag. But I'm not completely confident it will work. Plus, I had to do something that I was…

  • Skip the Library; Increase Your Risk

    26 Jan 2012 | 9:54 am
    Image [cc] Slippery Tiger I have found that librarians at law firms walk a tightrope strung over the thorny issues of cost, risk and user demands. We have a reputation of being "gatekeepers" or impeding advances in legal research by holding on to old media at the expense of new media. Although it may be true that there are a few Luddites clinging to the idea of a traditional brick & mortar library, those Luddites are few and far between. Most librarians are actually ready and willing to adopt new ideas, media, technology, user experiences, and procedures, but they are also…

  • Staying Relevant - Part 2: The Initial Pain and Response

    25 Jan 2012 | 5:02 am
    Image [cc] edkohlerPart 1 of this series set the stage for the perfect economic storm, covering the forces pushing change in the legal market. Part 2 covers the first pain felt in the legal market and how firms have reacted. Along Comes 2008 Even before the Lehman collapse, clients had already started sending signals to law firms about rate concerns. But after the collapse those signals became directives. Some clients went as far as sending letters dictating rates for 2009. A good friend summed the scenario up well when he noted, “The Guild was broken in the General Counsel’s (GCs)…

  • BigLaw Partner Richard C. Hsu's - The One Page Blog

    24 Jan 2012 | 4:00 am
    … and I thought I was alone… unique… special in some way. I thought I was the only blogger at my firm, but it turns out I was not alone. Yesterday, I found another person at my firm that was blogging. Not just any person either, but  ("gasp") a Partner!! Luckily, it turned out that he didn't know about my blog either. We found out about each other, not through an internal communication, but through a Tweet that was sent out that I happened to see in my Tweetdeck Search column. When I reached out and talked about our shared blogging interest, we both had the same reaction……
 
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    The High-touch Legal Services® Blog • For Startup Companies

  • California Officers Need to Be More Careful than Directors

    Dana
    25 Jan 2012 | 7:42 pm
    In California, corporate directors are protected by the so-called Business Judgment Rule (“BJR“): They are not responsible for honest mistakes of business judgment. A recent case revealed that in California the BJR does not protect corporate officers. During 2007, Indymac Bank bought more than $10 billion in risky residential loans, ultimately generating losses of more than $600 million. Indymac closed, and the Federal Deposit Insurance Corporation was appointed receiver. The FDIC brought suit against Matthew Perry, Indymac’s former CEO, alleging negligence in continuing to…

  • How Can I Have Reverse Vesting in an LLC?

    Dana
    16 Jan 2012 | 10:51 am
    I recently received, via Quora, a private question about setting up an LLC membership interest (rather than shares of a corporation) with reverse vesting (see Rewarding Key Personnel: Restricted Stock or Options?). That question, and my answer, are reproduced below with minor editing. Q. I am starting a company and forming as an LLC. My co-founder will received a reverse-vested membership percentage. I’ve found plenty of sample restricted stock agreements, but nothing for LLCs and memberships. Do you have any suggestions where I can find a sample agreement? A. Sorry, I know of no such…

  • Gingrich Domain is Newtered – But the UDRP Probably Won’t Help

    Dana
    9 Jan 2012 | 6:41 pm
    In How to Defeat a Cybersquatter, I wrote about using ICANN’s comparatively quick and inexpensive Uniform Domain Name Dispute Resolution Policy (UDRP) to defeat cybersquatters. The domain name NewtGingrich.com recently was squatted upon – but I doubt that Newt will be able to use the UDRP successfully to recover that domain. Gingrich Communications had owned NewtGingrich.com since 2004, but apparently forgot to renew the domain name in August 2011. By December 2011, it was owned by American Bridge 21st Century, a progressive Political Action Committee. (In the interim, it was…

  • Is there Any Reason to Form a General Partnership?

    Dana
    16 Dec 2011 | 9:34 pm
    A short while ago, I answered a Quora question about whether and why a startup might want to form a general partnership. The question and my answer are reproduced, with emphasis added, below. Q. What are some of the reasons a business might organize itself as a general partnership? Considering all the liability risk that general partners might potentially face, why not organize as a limited liability company? Was there an era when the general partnership was an attractive form and, if so, why? A. The LLC is a fairly recent invention – ~20-30 years old, depending on the state (assuming…

  • WSJ: Angel Investors are Getting Harder to Sell

    Dana
    15 Dec 2011 | 4:18 pm
    In an article published today (Chasing the New Angel Investors), the Wall Street Journal discusses why entrepreneurs must work ever-harder to persuade angel investors to invest. According to the article, although seed and startup angel investment has increased, there are several reasons why that money is more difficult to attract: Since the recession, many angels have become more demanding, looking for proof of marketplace acceptance rather than a hunch that it exists. Angel groups, which syndicate deals among their members, have a more-formal review process that may involve discussions by…
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    ITC Law Blog

  • ALJ Rogers Grants Joint Motion To Terminate Investigation In Certain Starter Motors and Alternators (337-TA-755)

    Eric Schweibenz
    27 Jan 2012 | 6:04 pm
    On January 20 2012, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 52 in Certain Starter Motors and Alternators (Inv. No. 337-TA-755).  In the Order, ALJ Rogers granted a joint motion filed by Complainants Remy International, Inc. and Remy Technologies LLC and Respondent Electric Motor Service, Inc. to terminate the investigation based on a settlement agreement.  The Commission Investigative Staff (“OUII”) initially opposed the motion because the parties did not file a public version of the settlement agreement; however, after the parties filed a supplement to their…

  • ALJ Pender Grants Motion To Terminate Investigation In Certain Vaginal Ring Birth Control Devices (337-TA-768)

    Eric Schweibenz
    27 Jan 2012 | 6:00 pm
    On January 20, 2012, ALJ Thomas B. Pender issued Order No. 30 in Certain Vaginal Ring Birth Control Devices (Inv. No. 337-TA-768).  According to the Order, Complainant Femina Pharma Inc. (“Femina”) moved to terminate the investigation based on withdrawal of the complaint under Commission Rule 210.21(a)(1).  Respondents Merck & Co., Inc., Schering Plough Corporation, Organon Inc., and N.V. Organon and the Commission Investigate Staff did not oppose the motion.  Because Femina filed its motion prior to the evidentiary hearing and there were no extraordinary circumstances to justify…

  • ALJ Rogers Denies Motion For Summary Determination Of Invalidity In Certain Polyimide Films (337-TA-772)

    Eric Schweibenz
    27 Jan 2012 | 5:56 pm
    On January 26, 2012, ALJ Robert K. Rogers, Jr. issued Order No. 24 denying Respondents SKC, Inc. and SKC Kolon PI, Inc.’s (collectively, “SKC”) motion for summary determination that claims 1, 2, 6-10 and 12-14 of U.S. Patent No. 7,691,961 (“the ‘961 patent”) are invalid as anticipated in Certain Polyimide Films, Products Containing Same, and Related Methods (Inv. No. 337-TA-772). According to the Order, SKC argued that the asserted claims of the ‘961 patent were invalid in light of prior art polyimide films manufactured and sold by E.I. DuPont de Nemours and Company…

  • ALJ Pender Denies Motion To Compel In Certain Wireless Communication Devices And Systems (337-TA-775)

    Eric Schweibenz
    27 Jan 2012 | 5:44 pm
    On January 20, 2012 ALJ Thomas B. Pender issued Order No. 21 in Certain Wireless Communication Devices and Systems, Components Thereof, and Products Containing Same (337-TA-775) denying Respondents Apple Inc., Hewlett-Packard Company, Aruba Networks, Inc., Meru Networks, and Ruckus Wireless’s (collectively, “Respondents”) motion to compel the production of documents and testimony from Complainant Linex Technologies, Inc. (“Linex”). By way of background, the investigation is based on a May 6, 2011 complaint filed by Linex alleging violation of Section 337 in the importation into the…

  • ALJ Shaw Rules On Motions In Limine in Certain Gaming and Entertainment Consoles (337-TA-752)

    Eric Schweibenz
    26 Jan 2012 | 11:16 am
    On January 23, 2012 ALJ David P. Shaw issued the public versions of Order Nos. 31 and 32 (both dated January 6, 2012) concerning motions in limine filed by the Complainants and the Respondent, respectively, in Certain Gaming and Entertainment Consoles, Related Software, and Components Thereof (337-TA-752). By way of background, the investigation is based on a November 22, 2010 complaint filed by Motorola Mobility, Inc. and General Instrument Corp. (collectively, “Motorola”) alleging that Microsoft Corp. (“Microsoft”) violates Section 337 by infringing various patents.  See our…
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    Al Nye The Lawyer Guy

  • Taken By Robert Crais

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

  • Soft Target by Stephen Hunter

    Al Nye
    24 Jan 2012 | 10:25 am
    Soft Target By Stephen Hunter Simon & Schuster $26.99, hard cover, 256 pages, 978-1-4391-3870-0 (2011) Stephen Hunter is one of my favorite authors. I’ve read practically everything he’s written. From the fabulous Time to Hunt, Point of Impact, and Dirty White Boys, to the mediocre Night of Thunder and The 47th Samurai, I’ve kept coming back for more. And who can blame me? Bob Lee Swagger, a/k/a Bob the Nailer, is a fascinating, no-holds-barred lead character that takes over a story the same way a fine actor mesmerizes on the screen. Early in his writing career, Hunter had…

  • 20 Jan 2012 | 10:33 am

    Al Nye
    20 Jan 2012 | 10:33 am
    Yes, I do have my official New England Patriots necktie on today, thank you very much....

  • 10 Jan 2012 | 11:49 am

    Al Nye
    10 Jan 2012 | 11:49 am
    The Affair By Lee Child Delacourt Press $28.00, hard cover, 405 pages, 978-0-385-34432-6 (2011) This is a thrilling read about Jack Reacher when he was still a military cop and (sort of) following orders. The story centers on a murder in Mississippi in the year 1997. A woman is dead (and others soon follow) and it appears that a soldier at a nearby military base is responsible. But that soldier has a powerful senator for a father and favors are called in. Reacher is ordered undercover in the town to find out what is going on and to keep the local police in line. Reacher is supposed to just…

  • So it's the Patriots and the Broncos...

    Al Nye
    9 Jan 2012 | 10:37 am
    Tim Tebow pulls off another huge win -- this time over the Steelers yesterday. It sets up a showdown with the New England Patriots. It was an amazing overtime victory that must have Broncos fans going crazy with excitement.Of the three teams that the Pats could have faced in the playoffs, the Broncos were the one team I didn't want to play again. Don't get me wrong, I'm not in the Tebow MVP of the free world camp. He has serious flaws as a quarterback, but he also has the heart of a lion.What concerns me most is his unpredictability.  Yeah, I know. The Pats cruised to an easy…
 
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    Gamso - For the Defense

  • Another Month with No Killing

    27 Jan 2012 | 12:06 am
    They won't be killing Michael Webb next month.  In fact, they won't be killing anyone.Mike DeWine, Ohio's Attorney General, personally told Judge Frost that the state wouldn't object to Webb's motion.Frankly, it's hard to imagine that he had much choice (except to let a flunky do it for him; good for DeWine to suck it up and do it himself).  I mean, it's not like anything's changed in the two weeks since the 6th Circuit upheld the injunction against killing Charles Lorrainebecause the State cannot be trusted.And since nothing's changed, well then, you gotta figure that Frost was…

  • Because One Size Doesn't Fit All

    25 Jan 2012 | 4:23 pm
    I heard a judge once, sentencing a guy to death, explain that he was a serial killer even though they only knew of one person he'd killed.  Sure, he'd never got caught before.  Sure, there were no cases in which he was even a suspect.But the judge knew.  He just knew.Maybe.Then again, maybe not.For years, really for decades, everyone assumed that fingerprints were essentially infallible, the perfect identifiers.  When they first started doing DNA testing in criminal cases, prosecutors would refer to it as "DNA fingerprinting" because that would give this new technology the…

  • Welcome Back, Joe

    23 Jan 2012 | 10:18 am
    That was then.This is now.Then was decades on death row.Now is freedom.Then was convicted (along with Michael Keenan) of killing Anthony Klann on the word of Edward Espinoza, co-defendant, juvenile, probable killer.Now is exonerated.Then was the government hiding evidence of innocence.Then, but later, was the government hiding more evidence.Then, but later, was the government dicking around yet again.Then, but later still, was the federal judge sayingEnough.  You can't prosecute him again.  And they really couldn't have, since they had no evidence.  None.  Not any…

  • Unfair & Unconscionable: The Capital Jurisprudence of Antonin Scalia

    18 Jan 2012 | 10:58 pm
    He'll get a chance because his lawyers abandoned him.  So said 7 of 9.  Ginsburg wrote the opinion.  Alito (no pushover he) joined but wrote also his own concurrence to point out that it was the lawyers who were at fault and not the deeply flawed Alabama system of providing (or not providing) capital representation. Scalia dissented.  Joined by Clarence Thomas, Scalia explained that really, he was abandoned by only some of his lawyers.  And sure it's all unfair but then if we demanded fairness of our criminal justice system it would be the end of the republic.

  • Because the State Cannot Be Trusted - Part Deux

    17 Jan 2012 | 12:54 pm
    So now it's official.  Ohio will definitely not be killing Charles Lorraine tomorrow.  You remember.  Judge Frost stayed the execution because Ohio's demonstrated refusal to obey a protocol the state invented and that he found to be constitutional means that executions here are ad hoc events, made up on the fly.  As a consequence, he said, they violate equal protection.The Sixth Circuit agreed.[T]he State's ongoing conduct requires the federal courts to monitor every execution on an ad hoc basis, because the State cannot be trusted to fulfill its otherwise lawful…
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    Virtual Marketing Officer

  • Inspiration for a New Year | Bringing great projects to life

    Jayne Navarre
    2 Jan 2012 | 7:51 pm
    There are two fatal errors that keep great projects from coming to life: Not finishing Not starting —Buddha A DEEP BREATH OF LIFE Early last year I took a yoga class at Florida Keys Community College. While I was far from a good student, having missed more than half the classes, the small investment I made paid off in a BIG way. At the end of each class the instructor read from a book, which I eventually bought and became an extremely positive force in my life, my relationships, and my work. The book, written by Alan Cohen, is titled “A Deep Breath of Life.” It is organized with…

  • Holiday eCards, law firms, lawyers and one person’s opinion

    Jayne Navarre
    13 Dec 2011 | 1:43 pm
    Sending a digital eCard to a huge database list of “everyone,” without taking a moment to… reflect that behind each name is a real person, jot a simple note, and add a hand written signature… …is equivalent to diet mashed potatoes. If you’re going to serve mashed potatoes without the butter, milk, salt, and gravy, why bother. I think eCards, too, miss several critical ingredients. Even the ones that come from an individual’s email address (rather than from info@) seem cold and aloof, no matter how clever the design. It’s impersonal. Besides, who wants diet food…

  • Your winter get-away could be Close to Perfect, Far From Normal…

    Jayne Navarre
    2 Dec 2011 | 11:21 am
    (The VMO is way off topic today, hope you don’t mind. In fact, a little serendipity is good for the soul.  I’ll be back to law firm topics next week…with a post on law firm business cards: part II. Meanwhile if you’re curious, I hope you read and enjoy this post about Key West, Florida.) Key West, Florida | Close to Perfect, Far From Normal “Anyone will tell you Key West is a little kooky – and darn proud of it. In the words of one local: ‘It’s like they shook the United States and all the nuts fell to the bottom.’  The town’s funky, laid-back vibe…

  • info@yourlawfirm.com | Is it working?

    Jayne Navarre
    18 Nov 2011 | 11:44 am
    How can we help you? How can we help you? That was the message preceding a “request for information” form in the Contact Us section of a noteworthy B2B company website I recently visited. Ten days ago I filled out that form and requested specific information or a return phone call regarding a webdesign project I am directing for a client. I still haven’t heard from the company. Sure, I could have picked up the phone, there was a main number listed, but I was already on the website, the form was handy, seemed sincere, and I was trying to save a little time. Additionally, (1)…

  • Online Tools for Law Blogs and Other Website Owners | Alexa

    Jayne Navarre
    7 Nov 2011 | 11:04 am
    Last week on VirtualMarketingOfficer.com I wrote about How To Promote Your Law Blog and it turned out to be a pretty popular post, so I figured there are enough readers who are looking for ideas in this regard—thanks to all who re-tweeted the post; Twitter was driving a lot of the traffic according to my WordPress Stats. Over the weekend, I thought, hey, I wonder how many blogger/readers are using Alexa? (I have no business interest or other connection to Alexa, except being a registered user.) Then I thought, why not ask? Are you using Alexa to monitor the health of your blog, understand…
 
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    Florida Rules Decisions

  • Rule 1.720 – Mediation Has Been Updated

    Brian Willis
    5 Jan 2012 | 9:45 pm
    Florida Rule of Civil Procedure 1.720 has been updated to reflect the changes to the mediation requirements.

  • 2012 UPDATE ON THE FLORIDA RULES OF CIVIL PROCEDURE

    Brian Willis
    1 Jan 2012 | 7:00 am
    My article on changes to Florida Rules of Civil Procedure in 2011. Everything an attorney needs to know about the Florida Rules of Civil Procedure for the new year. 2012 UPDATE ON THE FLORIDA RULES OF CIVIL PROCEDURE

  • Estela v. Cavalcanti – Service by Publication Not Allowed When Defendant Provides Foreign Address for Service

    Jason Baruch
    29 Dec 2011 | 1:49 pm
     In this case, the plaintiff filed a motion to serve a defendant by publication.  The defendant specially appeared in the action and moved to quash the attempted service, claiming that the defendant was residing in Costa Rica.  Defense counsel provided the foreign address at the hearing.  The court denied the motion to quash and allowed service by publication.  Finding that courts should “strictly construe” service of process statutes, the appellate court reversed, holding that “service of process by publication . . . is only permitted when personal service cannot be…

  • River Bridge Corp. v. American Somax Ventures – Attorneys’ Fees

    Brian Willis
    23 Dec 2011 | 1:39 pm
    After the appeals court issued an opinion partially reversing an $8 million final judgement, the trial court was required to hold a new hearing on attorneys’ fees.  The trial court had entered a fee award while the appeal was pending.  After the appeals court partially reversed the underlying judgment, the trial court, without hearing, simply entered an order reaffirming the prior attorneys’ fee award.  The 4th DCA determined that the trial court should have held an additional hearing to determine the proper amount of fees in light of the partial reversal. The 4th DCA’s…

  • Pino v. Bank of New York – Supreme Court Retains Jurisdiction Over Matters of Public Importance

    Brian Willis
    20 Dec 2011 | 11:03 am
    The mortgage foreclosure cases continue to produce a flood of civil procedure decisions. The latest comes from an appeal to the Florida Supreme Court. At issue in the case is whether a foreclosing bank, BNY Mellon, can be sanctioned for filing an allegedly fraudulent assignment of mortgage. That question was on appeal to the Fourth DCA and then certified as a question of great public importance. The Florida Supreme Court accepted jurisdiction per Art. V, Section 3(b)(4) of the Florida Constitution. After Pino filed his Inital Brief with the Florida Supreme Court, but before an Answer Brief…
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    Are You Reading These Posts?

  • "Step Into Your Client's Shoes" & Other Practical Advice

    Lance Godard
    25 Jan 2012 | 7:58 am
    Suzanne Kearns’ “5 New Year’s Resolutions to Consider for Your Business” on the Intuit Small Business Blog. Today’s post comes from an unlikely source, but that might be the very reason you should read it. Because it isn’t written for lawyers. It’s written for anyone running a business, for anyone who has customers and employees and goals and expectations. Who forgets sometimes that what she is doing often means the difference between success and failure for the people she’s doing it for. That the end game isn’t her product – the contract or the argument or the agreement…

  • Good Habits Come to Those Who Change: Reprioritizing Your Life

    Lance Godard
    23 Jan 2012 | 7:58 am
    Tony Schwartz’ “‘No’ is the New ‘Yes’: Four Practices to Reprioritize Your Life” on his blog at the Harvard Business Review's HBR Blog Nework. Are you addicted to saying “yes”? To the rush of adrenaline that comes with taking on more than you can possibly get done in a ten hour day and a sixty hour week? To the high that comes from working late into the night to solve the unsolvable crisis, without losing your stride? Then you’ll benefit from reading this post, and following Schwartz’ advice. It’s never easy to break bad habits. And when one of those habits is…

  • Client Satisfaction: Start by Annoying Them Less

    Lance Godard
    20 Jan 2012 | 8:29 am
    Matt Homann’s “Annoy Your Clients Less: Five Steps” on the Attorney at Work blog. Nobody wants to think that they annoy their clients. But all of us probably do. Homann’s post is less about not annoying your clients, though, than about making them happy. And isn’t making your clients happy your real job? Sure, they’ve asked you to research that issue or draft that contract or develop that argument. But what they really want is for you to make them happy, for you to solve their problems or at least make them go away for a little while. Homann’s post will help you do that. Because…

  • Getting to the Point: You've Got 30 Seconds. Go.

    Lance Godard
    18 Jan 2012 | 7:58 am
    Ron Ashkenas’ “In Presentations, Learn to Say Less” from his blog on the Harvard Blog Network. What would you do if you had to compress 30 minutes of message into 30 seconds? If every word that came out of your mouth – not every paragraph, not every sentence, but every single word – had to articulate your point? Transmit your material? Tell your story, make your argument, communicate, convince, and change your listener? Could you turn, as Ashkenas writes, “a ‘presentation’ into a ‘tweet’”? Getting to the point isn’t innate. It’s nurture, not nature, a skill that can…

  • Spring Cleaning Tips: Unclutter Your Practice (and Your Life)

    Lance Godard
    17 Jan 2012 | 7:58 am
    Allison Shields’ “Less is More” on her profile at JD Supra. I’m not sure I agree with Shields that less is more, but she’s spot on when she says it’s better. Particularly when it comes to out-of-date electronic files, old documents and periodicals, meetings you don’t really need, and all of the other things that clutter up your life. Shields thinks you can do without 50 of those things, and she provides a useful list to help you take your first steps down the path of getting along with less. The first item on her list? Your worst clients. Yeah, that’s right, the clients that…
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    Internet Television Law Blog

  • News Roundup - December 2011

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

  • News Roundup - November 2011

    devalera01
    30 Nov 2011 | 8:13 pm
    Courts cannot force ISPs into broad filtering and monitoring for copyright-infringing traffic, ECJ rulesGrooveshark Prepares To Unmask Anonymous ‘Whistleblower’

  • News Roundup - October 2011

    devalera01
    31 Oct 2011 | 5:11 pm
    Google report reveals YouTube takedown requests... by countryGoogle exec: 'Corporations ignore human rights'Scope of Ofcom copyright code to be determined by appeals bodyEU database of IP infringers needs more clarity to comply with law, says watchdogControversial IP rights treaty signed by eight countriesChina to step up social media censorshipPiracy and Copyright Challenges in 1841 Mirror Those of Today

  • News Roundup - September 2011

    devalera01
    30 Sep 2011 | 11:18 pm
    RapidShare Lobbies Lawmakers Against PROTECT IP ActHunt: Online file-sharing is a 'direct assault on freedoms'Gov removes 'general appeal' rights for accused freetardsGoogle in freetard-friendly copyright infringement updateRussian Minister: YouTube and Google Should Be Shut Down For Copyright Infringement

  • News Roundup - August 2011

    devalera01
    1 Aug 2011 | 5:54 pm
    IPO is training prosecutors on IP crimeHey, Music Industry. You're suing the wrong peopleFree Ride: Disney, Fela Kuti and Google's war on copyrightGovernment scraps plan to block illegal filesharing websitesTwo solicitors fined and suspended for file-sharer letters Government broadly backs Hargreaves recommendations to change IP frameworks US Court order could force online DVD distributor to shut down
 
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    Technically Legal

  • Podcast Revival

    David O'Brien
    21 Jan 2012 | 1:11 pm
    Last month, I mentioned that we will be bringing back the podcast.  I’m excited to announce that, in the next two weeks, we hope to publish our first show since going on hiatus.   Dominik and I will be joined by Andy Sellars, a close colleague and a fellow at the Berkman Center.  We hope Andy will continue to join us on episodes as we move forward. A few notes about the new show format we’ll be using.  Rather than publishing podcasts weekly, we are going to move to a less-frequent, less-structured schedule.  Frequency will somewhat depend on the news cycle, but I would…

  • Things to come…

    David O'Brien
    3 Dec 2011 | 6:42 pm
    You’ve probably noticed that earlier this fall we took an abrupt hiatus that coincided with some changes on our website.  Unfortunately, one of our co-bloggers accepted a new position at a firm which, as a condition to his acceptance, politely asked him to remove public commentary on legal issues.  This isn’t an uncommon request for law firms or employers to make, as it’s important for lawyers to observe the rules of professional conduct and for law firms to maintain strong relationships with their clients.  Together we decided it best to comply with the request, rethink…

  • Re: Deletion of Older Posts

    TechnicallyLegal
    29 Aug 2011 | 6:02 am
    Readers, Over the next few days you’ll notice that a large amount of old content will be taken down. We apologize for the inconvenience. It is, however, necessary. The site will continue on, albeit in a modified fashion. Podcasts will be less frequent, but there will hopefully be more substantive posts. Thank you for your understanding. No related posts.

  • Episode 109: It’s not exactly generic

    David O'Brien
    12 Jul 2011 | 1:00 am
    ISPs sign agreement with content owners, Apple loses first round of App Store fight Please download the podcast or subscribe to the feed.  Feel free to e-mail us with comments and suggestions. ISPs agree to police their subscribers use of copyrighted content (sort of) Ars Technica Coverage The Official Agreement (PDF) Apple loses motion for preliminary injunction over “App Store” mark The Opinion (via Scrib’d) Eric Goldman’s thoughts   No related posts.

  • Weekly Links: June 12-18, 2011

    David O'Brien
    21 Jun 2011 | 3:03 pm
    Sorry for the lapse in “weekly links” posting, it’s busy time of the year (with vacations, among other things)!  A few interesting legal developments last week in the technology world.  Here’s what we have been thinking about: Two 3d circuit decisions on school punishment cases involving MySpace. [Layshock v. Hermitage School (2011)] [JS v. Blue Mountain School District (2011)] 1st circuit hears a case on the right to record in public (and a MA law). [via ACLU] A DHS-seized domain name owner fights back.  [via EFF] NYT and OpinionLab seek declaratory judgment in…
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    Bitter Lawyer

  • Caption This! January 27, 2012

    Bitter Staff
    27 Jan 2012 | 11:11 am
    What in the stock image is going on in this picture? Put your lawyerly wisdom to the test and post a comment below or on Facebook with a witty, hilarious, or brilliant caption to this stock image. And keep it clean(ish) and, y’know, respectful. The editors’ pick will be announced next week.   Last Week’s Winner Rod Thompson submitted last week’s Caption This! winning entry with: Of course he can show up drunk, he’s the boss’ kid! (This week’s photo source: Shutterstock) ——————— Caption This! January 27, 2012 is a…

  • Jessica Garvey as Bottom Rung’s Paige

    Matt Ritter
    27 Jan 2012 | 9:11 am
    With Paige, we wanted to avoid the typical, perfect unattainable girl. We wanted a girl with her own issues and problems. Honestly, how else would she end up down in document review? It’s not a world filled with lookers. So we came up with the backstory that she was in a band and she sort of had a phase were she dated and slept with a lot of drummers. After a failed music career, she realized she had to stop dating losers. So she went to law school and got a “real job.” She tries to be content with this life—she’s not really a dreamer because she’s OK…

  • I Want to Work at Wachtell or White and Case

    Ex-Bitter
    27 Jan 2012 | 7:11 am
    QI’m a 2L at a pretty good second-tier school in the New York area. I’m in the top half of my class and do very well in moot court and trial skills. I’m hoping my New York connections will help in finding a job at a big New York firm. What do you think are my chances of getting a job at a New York firm like Wachtell or White and Case? Honestly. AHonestly? Zero. You are wasting your time thinking about it. It’s like you’re Dave, one of the cutters in Breaking Away, just waiting for the chance for the Italians to come to town so you can show them your stuff and then be…

  • My Favorite Time of the Semester

    Only an Adjunct
    26 Jan 2012 | 9:11 am
    This is my favorite time of the semester. Despite the fact that it’s January and I teach at a law school, my class is filled with a certain something, an energy that could almost be mistaken for optimism. Maybe it’s the fact that, for the first time since taking a gig as an adjunct professor, I’m not teaching a bar course. Instead, I’m teaching a skills course, which is essentially the difference between being resented by your students or actually seeming relevant to them. Frankly, I don’t care, because soon enough they’ll turn on me. It happens every semester, no matter the…

  • Padding Billable Hours: If I Did It

    Bitter Vault
    26 Jan 2012 | 7:11 am
    Question: What do you get when you mix an unscrupulous partner trying to bilk a deep-pocketed client out of every last dollar and an associate who has to make his billables so he can pay off his $15,000 credit card bill and put a down payment on a Manhattan apartment? Answer: Billable hours that get more padding than an NFL lineman. ——————— Padding Billable Hours: If I Did It is a post from the BigLaw legal humor, video, and news site Bitter Lawyer Read More: Padding Hours: If I Did It From the Archives: Eight Billable Hour Scams Eight Billable Hour…
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    Rochester Bankruptcy and Debt Relief

  • Bankruptcy and Cash Advances

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

  • Who Will Be the Next Bankruptcy Judge in Rochester?

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

  • Upcoming Changes in Bankruptcy Filing Fees

    alexkorotkin
    29 Oct 2011 | 3:22 pm
    I have previously discussed fees associated with both Chapter 7 Bankruptcy and Chapter 13 Bankruptcy. As of November 1, 2011, those fees are going to increase for the first time in several years. The filing fee for filing a Chapter 7 Bankruptcy or Chapter 13 Bankruptcy will increase by $7. For Chapter 7, the filing fee will increase from $299 to $306. The Chapter 13 filing fee will rise from $274 to $281. The Court Clerk for the Western District of New York announced changes in the filing fees on the bankruptcy court’s website on October 17, 2011. The cost of filing an adversary…

  • Upcoming Changes to the Means Test Figures

    alexkorotkin
    29 Oct 2011 | 3:08 pm
    Once again, the means test figures for median income are changing as of November 1, 2011. 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 decrease. Through October 31, 2011, a single debtor in New York could have $46,295 in income in income and still be able to file Chapter 7 Bankruptcy.  Starting November 1, 2011, that figure is decreasing to $45,931.  Similar decreases will take place for all family sizes. The comparison of the existing and new income limits is below. Old Income Limits FAMILY SIZE 1…

  • Failure to Compete Financial Management Course and Denial of Discharge

    alexkorotkin
    27 Sep 2011 | 7:08 pm
    Sometimes debtor’s bankruptcy case ban be closed without a discharge. The most likely reason for this the debtor’s failure to complete the financial management course. As a part of BAPCPA, the Congress required that every debtor to complete a financial management course before receiving a discharge in bankruptcy. This requirement applies to both Chapter 7 Bankruptcy and Chapter 13 Bankruptcy cases.  The class completion certificate must be filed with the court no later than 60 days following debtor’s meeting of creditors (otherwise known as 341 meeting). The certificate is…
 
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    The Jury Room

  • Pretrial publicity & bias: Take a look at the age of your jurors!

    Douglas Keene
    27 Jan 2012 | 6:02 am
    Despite the Supreme Court ruling [Skilling v US] that pretrial publicity [PTP] does not bias the public perception and limit the right to a fair trial, most of us who have experienced the impact of pretrial publicity disagree. It is an accepted truism that older people are more conservative than younger people. So it’s interesting to see some research on how pretrial publicity affects older jurors [range = 60-80 years old, average age = 69.5] and younger jurors [range = 18-21 years old, average age = 19]. In this instance, researchers looked at the impact of both positive and negative…

  • fMRIs and Persuasion: Did anyone tell the jurors?

    Rita Handrich
    25 Jan 2012 | 6:02 am
    We all know that neuro-imaging is not ready for courtroom persuasion yet, but did someone remember to tell the jurors? Apparently not–but maybe they already knew. Are “pictures” of the brain so persuasive that they can sway juror decision making? Even though the credibility of the medical experts has to be factored in, many people believe that when you include brain scan photos (as opposed to bar charts or topographical maps for example) the viewer is more persuaded. Even though there isn’t a chance in the world that an average juror can make sense of the image. So, the current…

  • Republicans prefer ‘Republican-looking’ political candidates

    Douglas Keene
    23 Jan 2012 | 6:02 am
    As I consider the Republican Presidential candidate lineup, I can’t figure out just how a ‘Republican-looking’ candidate might look. Is it the patrician and reserved Mitt Romney? The disgruntled Newt Gingrich? The intense and dry humored conservative Ron Paul? The GQ-ready Rick Perry? Or someone else? I’m not sure what a Republican looks like.  Or whether there is a ‘Republican look’. It turns out these researchers (and their participants) cannot answer that question either but it is clear there is ‘something’ communicated to the observer in photographs of Republican and…
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    Disputing

  • Observations on Physician Management

    Victoria VanBuren
    27 Jan 2012 | 8:48 am
    By Holly Hayes In our series about Accountable Care Organizations (ACOs), physician management emerges as an area worthy of better understanding.  Marc Bard and Mike Nugent make five observations about the “management of physicians and the achievement of outcomes” in their book “Accountable Care Organizations”:  While greater clinical integration can be achieved without economics/financial integration, achieving a meaningful clinical integration is difficult without some economic incentives to support it. Greater integration is a key driver of improved clinical…

  • Texas Lawyer: Family Law Council Files Rare Amicus Over Mediation Issue

    Victoria VanBuren
    26 Jan 2012 | 7:54 am
    We found this interesting story in Texas Lawyer about a mediated settlement agreement: For the first time in 25 years, the State Bar of Texas Family Law Council has filed an amicus curiae brief in an appeal pending before the Texas Supreme Court. The council submitted the brief on Jan. 9, urging the Supreme Court to grant a mandamus to force a family law judge to approve a mediated settlement agreement (MSA) in a custody dispute. The judge in that suit, 309th District Judge Sheri Dean of Houston, refused to approve the MSA between Stephanie Lee and Benjamin Jay Redus, on the ground it was not…

  • CPR Institute | 29th Annual Awards for Outstanding Scholarship in ADR

    Victoria VanBuren
    25 Jan 2012 | 7:41 am
    On January 11, the International Institute for Conflict Prevention & Resolution (“CPR Institute”) had its annual awards in New York. This year, the awards were presented to: ADR Center in Italy, co-founded by Giuseppe De Palo and Leonardo D’Urso. Award:  Outstanding Practical Achievement. Roselle L. Wissler for her work, “Court-Connected Settlement Procedures: Mediation and Judicial Settlement Conferences” 26 Ohio St. J. on D.R. 271-326 (2011). Award: Outstanding Original Professional Article. S.I. Strong for her work, “Collective Arbitration Under the DIS…

  • GUEST-POST | Definitive Creative Impasse-Breaking Techniques in Mediation: Sausage Making Laid Bare

    Victoria VanBuren
    24 Jan 2012 | 7:28 am
    This is my second post giving you a tease from one or more chapter in Definitive Creative Impasse-Breaking Techniques in Mediation, Molly Klapper, J.D., Ph.D. (NYSBA 2011). Find the first post here. Today, I would like to focus on Simeon Baum’s “Sausage Making Laid Bare.”  Simeon Baum is a leading NY mediator and former chair of the NYSBA’s Dispute Resolution Section.  He actually contributed two separate chapters to the book and has the literal last word.  His final chapter is about using the philosophy of the Toa-te Ching in mediation.  He describes the philosophy as non-doing,…

  • NYSBA: Best Practices In E-Discovery In New York State and Federal Courts

    Victoria VanBuren
    20 Jan 2012 | 6:26 pm
    The New York State Bar Association issued a couple of months ago a report entitled, “Best Practices in E-Discovery in New York State and Federal Courts.”  The report contains guidelines intended to provide New York practitioners with practical, concise advice in managing e-discovery issues in both state and federal courts in New York, and to be a reference for best practices in e-discovery based on the current state of the law -but can certainly be useful in other jurisdictions. You may download the Guidelines here.
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    South Florida Lawyers

  • Somebody Wants John Ruiz's Yacht!

    South Florida Lawyers
    27 Jan 2012 | 3:51 pm
    What kind of scoundrel would seek to deprive a hard-working lawyer of his yacht?Oh yeah, the bank.

  • Better Watch Those Dismissals Without Prejudice!

    South Florida Lawyers
    27 Jan 2012 | 12:38 pm
    This is a fascinating opinion from Judge Cooke and a cautionary tale regarding what can happen when a client decides to no longer pursue a case after a dismissal without prejudice.First American may be entitled to attorneys’ fees and costs only if it is recognized as the prevailing party. In Florida, a party is the “prevailing party” where it has been awarded relief on the merits of the claims at issue or where there is a judicial imprimatur on the change in the legal relationship between the parties. Smalbein v. City of Daytona Beach, 353 F.3d 901, 905 (11th Cir. 2003). Simply stated,…

  • Spot the Lawyer!

    South Florida Lawyers
    26 Jan 2012 | 11:37 am
    It's a little hard to focus once the melee begins, but see if you recognize a lawyer in the middle of the contretemps onstage at the Cristina show yesterday involving the alleged bad butt doctor and her victims.

  • Judge Cohn Refuses to Stay Discovery Pending MDL Transfer.

    South Florida Lawyers
    26 Jan 2012 | 10:03 am
     In light of the fact that the MDL Panel is meeting in Miami today, it seems timely to note this interesting opinion from Judge Cohn refusing to stay written discovery in a case that has been designated by the defendant for possible MDL transfer.Here is Judge Cohn's reasoning:Plaintiffs contend that whether or not this case is transferred to an MDL court, discovery will commence either way. Under the particular facts surrounding this action, this Court agrees that there is no reason to delay discovery. Defendant has been litigating similar cases for several years. In reviewing Grace and…

  • 3d DCA Watch -- Belief and Technique for Modern Prose Edition.

    South Florida Lawyers
    25 Jan 2012 | 9:59 am
    Hey hey hey, wasn't it Jack Kerouac who advised aspiring writers to "struggle to sketch the flow that already exists intact in mind."That's not easy when you're dealing with statutes and case law.But today is Bunker Time™, so let's get deep, intimate and personal and meld some minds with the Robed Ones:Western Hay v. Lauren Financial:Hmm, opinion withdrawal syndrome: We deny appellant’s motion for rehearing and certification; however, we withdraw our opinion issued on May 4, 2011, and substitute the following in its place.Oh boy, this is going to be good!Let's get some popcorn and read…
 
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    eLessons Learned

  • When Can a Doctor’s Note Excuse You From Sanctions?

    Fernando M. Pinguelo
    21 Jan 2012 | 2:19 am
    Not communicating effectively with clients and counsel about exactly what versions of documents are required for trial can be extremely detrimental, even putting important cases at risk for dismissal and harsh sanctions.  However, as in the case of Bull v. UPS, the increasingly technological nature of the world puts the validity these sanctions for “original” [...]

  • Attorneys Beware – Attempting to Erase the Past on Facebook Can Result in Costly Sanctions

    Fernando M. Pinguelo
    5 Jan 2012 | 11:37 pm
    To delete or not to delete – that is the question Facebook users and their counsel must carefully contemplate when responding to eDiscovery requests.  Making the wrong decision can be costly for users and their counsel as was the case in Lester v. Allied Concrete Co.  In Lester, when served with a demand for the [...]

  • Finders Keepers? What Not to Do With Inadvertently Received Privileged Information

    Fernando M. Pinguelo
    29 Nov 2011 | 4:00 am
    Ever find something you knew did not belong to you, but kept it anyway? If you have, perhaps you did so under the guidance of the old adage “Finders keepers, losers weepers.” The adage can be applied in a multitude of ways to a variety of things. One of the more humorous situations in which [...]

  • Supreme Court Deciding Whether to Occupy 1984 — Is Your Privacy at Stake in US v. Jones?

    Frank [eLL Editor-in-Chief]
    14 Nov 2011 | 9:34 am
    On November 8, the United States Supreme Court heard oral arguments for its review of U.S. v. Jones (U.S. v. Maynard), the Fourth Amendment-focused case which has garnered much attention in the news over the past few weeks. The issue before the Court is whether the warrantless use of a GPS tracking device by the police violates a defendant’s Fourth Amendment [...]

  • Time to Get Physical (Hard Drives)

    Fernando M. Pinguelo
    9 Nov 2011 | 2:08 pm
    On May 4, 2010, ANZ Advanced Technologies (plaintiff) was ordered to produce all hard drives and storage devices used by two of the company’s officers (Irfan Sheriff and Rakesh Vashee) for forensic analysis and ESI production.  ANZ moved to modify the order seeking to substitute forensic images of the devices for the devices themselves.  The [...]
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    Matthew Stoloff's Blog

  • Did Heller’s Attorneys Demand Reasonable Hourly Rates?

    Matthew Stoloff, Esq.
    26 Jan 2012 | 8:33 am
    In keeping with my recent posts discussing attorney’s fees (see here, there, and over yonder), I will touch on District of Columbia v. Heller. This case seems to have gotten a few bloggers all riled up (see here, there, and over yonder). This case is not an attorney’s fees case arising out of a special education matter. I’m going to deviate from the legal matters that I usually focus on this blog, but there is good reason: there is a lot to learn from this case. District of Columbia v. Heller was a case involving the Second Amendment to the Constitution, in which Heller…

  • Reversing a Fee Award

    Matthew Stoloff, Esq.
    15 Aug 2011 | 7:10 am
    This is the third article about attorney’s fees and costs in special education matters. In the first article, I explained that a parent who prevails at a special education due process hearing may be entitled to reimbursement for attorney’s fees and costs. In the second article, I explained that a parent who litigates a frivolous lawsuit may be ordered to reimburse the school district for their attorney’s fees and costs. There is one additional piece of information about attorney’s fees that parents should be aware of: even if a federal court orders that the parent…

  • Attorney’s Fees and Frivolous Lawsuits

    Matthew Stoloff, Esq.
    8 Aug 2011 | 7:10 am
    Several weeks ago, I talked about reimbursement for attorney’s fees and costs in special education matters. I explained that if a parent files a complaint for a due process hearing to litigate a special education matter–and the parent prevails–the school district may have to reimburse the parent attorney’s fees and costs. This is a very important issue because if the parent prevails, she not only gets some or all of the remedies that she sought on behalf of her special needs child, but she also gets reimbursed for some or all of the legal expenses paid out of pocket.

  • Protect Your Credibility

    Matthew Stoloff, Esq.
    1 Aug 2011 | 7:10 am
    Quick: What’s the most important quality that a parent should protect and defend when there is a disagreement with school personnel about special education matters? I’ll give you a hint: look at the title of this blog article. Most parents who have experience attending IEP meetings understand that appropriate goals and objectives must be developed and incorporated into the child’s Individualized Educational Plan (“IEP”).  Many parents also understand the importance of preparing for IEP meetings well in advance to ensure that the appropriate IEP goals and objectives are developed.

  • The Forgotten Kids on the School Bus

    Matthew Stoloff, Esq.
    26 Jul 2011 | 7:10 am
    Last week, a bus driver and a bus aide picked up a 4 year old child with disabilities in Jersey City, New Jersey, to be taken to an extended-year school program (“ESY”). But the child never arrived at school that day. Instead, the child was stuck on the bus at a bus storage yard. Both the bus drivers and the bus aide had “forgotten” the child. A bus mechanic discovered that the child was on the bus for four hours during the week’s heat wave when outside temperatures reached 100 degrees. (Temperatures inside vehicles can be much hotter than outside temperatures, and this can be…
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    Karasma Media Legal Marketing Blog by Kara Smith

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

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

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

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

  • Who Owns a Twitter Account ? A Lawsuit May Determine It…

    Kara
    26 Dec 2011 | 3:30 pm
    The New York Times’ John Biggs has poseed an important question… How much is a Tweet worth and how much does a Twtitter follower cost? Noah Kravitz, a writer, worked for PhoneDog, a cell phone marketing company.  While there, he wrote for the company’s blog and acquired more than 17,000 Twitter followers. He left his job after 4-years and was intially told that he could keep his Twitter account and was requested to “tweet on their behalf from time to time and I said sure, as we were parting on good terms.” twitter.com/phonedog_noah and the site Noah's last post…

  • Legal Marketing and Small Business on Facebook

    Kara
    14 Dec 2011 | 10:14 am
    Facebook topped Google to become the most visited U.S. Web site, indicating a shift in how Americans are searching for content I talk to literally dozens of attorneys a week and they’re in one of two places when it comes to social media.  If you’re a lawyer or small business owner reading this, you’ll most likely find yourself in one of 3-places regarding your online platform: You have a website and may even blog… when you have the time.  You already have Facebook and Linked In profile that you look at sporadically. You have a website that either looks great or needs…

  • Legal Marketers: The Latest News on Twitter

    Kara
    9 Dec 2011 | 2:28 pm
    For all you social media enthusiasts in the legal marketing world, Twitter has made some exciting changes… Twitter is revamping the service with personal Twitter profile pages, a new timeline that includes rich media and other related information embedded into tweets, and easier search for information based on @ symbols (usernames) and hash tags. The highlighted changes: Personal profile pages. New home timeline. #Discover. @ names are now the shortcut to people. Read the full article on Business Insider.com Other articles you may be interested in: The Virtual Law office Debate on…
 
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    RainmakerLawyer Blog

  • New Book: Client Attraction Secrets for Lawyers

    Dave Lorenzo
    10 Jan 2012 | 7:58 pm
    I am pleased to announce that my new book, Client Attraction Secrets for Lawyers is now available for ordering.  The book will be released on March 5.  Click here for a link to the publisher’s page where you can read more about the content and powerful information packed into the easy-to-read 150 pages. This is a fantastic crash course in ethical, effective legal marketing that will help you Make a Great Living and Live a Great Life ® and it is only $19.  Grab your copy today while supplies last.  Visit the James Publishing website now. Continue Reading...

  • Law Firm Marketing Predictions for 2012

    Dave Lorenzo
    6 Jan 2012 | 2:06 am
    This is a time of year when most people are preoccupied with New Year’s activities.  Typically, readership of this website dips as many people are focused on other things. Since it is just you and I paying attention, this is the perfect time for me to make some bold predictions for the next twelve months. Here goes: Prediction 1:  Small and mid-size law firms will steal a record number of clients using value-based billing On 2011 the most successful attorneys I know have literally stolen work from big firms because of the way they price their services. Most clients view hourly…

  • There is a Santa Claus but I Ain’t Him

    Dave Lorenzo
    21 Dec 2011 | 3:00 am
    Last week I received an email from a family law attorney named Renee from Cape Coral, Florida.  Renee wrote and told me that the economy was killing her law firm. She said I should help her on a contingency basis because none of my ideas was different from anything she heard from other legal marketing gurus.  She said if I didn’t help her, I should stop emailing her because, if I didn’t “put my money where my mouth is” it would prove that I was no marketing genius. I turned down this offer. Lawyers cannot share fees with non-lawyers in Florida but that’s not the main…

  • Is a Bad Client Your Problem? You Bet

    Dave Lorenzo
    8 Dec 2011 | 4:59 pm
    A client walks into your office and he expects you to do a song and dance and convince him that he should hire you. He wants the free consultation and he wants to ask you a few questions about his brother-in-laws’ (unrelated) legal situation. But as soon as you start to discuss his matter with him, he launches into a know-it-all diatribe about why the approach you are suggesting will never work.  Never mind that he is an engineer and not a lawyer.  Forget the fact that he got himself into this mess with his genius level decision-making ability. Now this lunatic is sitting across…

  • Fee Discounts and Your Income

    Dave Lorenzo
    24 Nov 2011 | 5:08 am
    If you have been reading my articles for any length of time, you have heard me rail against fee discounts. Why?  Because, by discounting your fee, you are essentially cutting your income. For those of you who may be new readers, and for those who need a refresher, let me provide you with the economics of fee setting.  Here are three primary factors to consider when setting fees for your legal services: Factor One: The Value You Are Providing to the Client If you are a transactional attorney and you negotiate a deal for your client that saves him one million dollars, is your $20,000…
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    Mitchell & Culp

  • The Credit Abuse Resistance Education Program

    Heather Culp
    26 Jan 2012 | 8:04 am
    I belong to a number of professional organizations, including the American Bankruptcy Institute (ABI). As a bankruptcy attorney, I wish more young people included  financial literacy and personal finance in their high school and post-secondary education. The Credit Abuse Resistance Education (CARE) Program is a good place for both students and parents (and unsophisticated consumers) to start. The CARE program is designed to motivate young people to understand and appreciate the techniques necessary to avoid the severe consequences of credit abuse. There are links to helpful and…

  • Dealing with Creditor Calls

    Heather Culp
    25 Jan 2012 | 1:11 pm
    Some of the best advice a bankruptcy attorney can give is about timing: when to file.  In many circumstances, we advise our clients to wait until a date certain to file, and to maintain the status quo until then, which often means dealing with a deluge of creditor and bill collector calls. Just this morning, I e-mailed back and forth with a client who wants and needs to wait until this fall to file his bankruptcy case.  He said that he’s getting constant calls from bill collectors at work, which is obviously never good.  We discussed his right to mail a letter to his creditors,…

  • Second Mortgage Options in Chapter 13 Bankruptcy

    Heather Culp
    24 Jan 2012 | 7:17 am
    Mortgage modifications are rare.  Modifications for second mortgages present challenges of their own. Clients who are in financial difficulty are well advised to consider a Chapter 13 bankruptcy case as an option when they are current on their first mortgage but are not paying, in full and on time each month, their second mortgage (including a home equity loan or other debt secured by the property). We see situations where people whose incomes have been cut will forego paying the second mortgage while staying current with the first. When they are able to resume payments on the second…

  • Will Bankruptcy Prevent Me from Getting a Student Loan?

    Heather Culp
    19 Jan 2012 | 7:51 am
    Clients often ask us whether filing a bankruptcy case will affect their eligibility for student loans. Generally, these are parents who plan to seek PLUS loans for their kids’ college educations, but sometimes it is the client who plans to go back to school and needs financial assistance in order to do so. The bankruptcy code is specific The Bankruptcy Code contains a specific provision forbidding those making student loans from discriminating against student loan borrowers because of their bankruptcy.  11 U.S.C. §525 is the anti-discrimination provision of the Code, and subsection (c)…

  • Military Personnel Exempt from Bankruptcy Means Testing

    Heather Culp
    17 Jan 2012 | 8:48 pm
    On December 13, 2011, the President signed into law H.R. 2192, the National Guard and Reservist Debt Relief Extension Act of 2011.  My dad retired from the Army Reserves as a lieutenant colonel, and we are all aware of the sacrifices made by those on active duty.  That’s why I’m happy that this law exempts certain military and homeland defense members from a means-test presumption of abuse in determining eligibility for Chapter 7 bankruptcy relief.  In essence, it extends a similar protection that has been in place for a while now.  There is, of course, fine print.* The Chapter 7…
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    Compliance Building

  • Compliance Bits and Pieces

    Doug Cornelius
    27 Jan 2012 | 7:00 am
    These are some compliance-related stories that recently caught my attention: Charles Ponzi   Ponzi Scheme and Investment Fraud Red Flags by Tracy Coenen in the Fraud Files Blog How do you know if you’re considering investing in a Ponzi scheme? The promoters will never come out and tell you they are running a pyramid scheme, so the investors have to be smart enough to recognize them on their own. The good news is it is easy to spot a Ponzi scheme. Here are some red flags about the “investment” you’re considering that might indicate it is a Ponzi scheme. (There were many red flags…

  • New York City “Pay-to-Play” Law is Upheld

    Doug Cornelius
    26 Jan 2012 | 7:00 am
    The U.S. Court of Appeals for the Second Circuit upheld a New York City “pay-to-play” law against various constitutional challenges: Ognibene v. Parkes. The Pay to play law is in Local Law 34 and it: Lowers the caps applicable to campaign contributions from parties that have “business dealings” with New York City to $400 (otherwise $4,950 applies to contributors not within the purview of the Law) for candidates for city-wide offices, to $320 (otherwise $3,850) for candidates for borough offices, and to $250 (otherwise $2,750) for candidates for city council, Prohibits public matching…

  • Private Fund Managers and SEC Registration

    Doug Cornelius
    25 Jan 2012 | 7:00 am
    The SEC has provided a no action letter in response to an American Bar Association request on guidance for private fund managers. The ABA requested clarification that a group of funds could use a singe registration where the fund managers are in a control relationship and conduct a single advisory business subject to a unified compliance program. The theory is that permitting a single registration (and a single Form ADV filing) to cover the entire group of related advisers would more accurately reflect the full nature and scope of the single advisory business conducted by the group. Therefore…

  • Why How We Do Anything Means Everything

    Doug Cornelius
    24 Jan 2012 | 7:00 am
    An acquaintance in the compliance field sent me a copy of Dov Seidman’s How and I let it sit around  for months. (My “To Read” stack has grown very tall.)  I assumed How was vanity book and would rattle on and on about Seidman’s company: LRN. I recently moved and my “To Read” stack was tumbled around in a plain cardboard box.  How resurfaced in the stack and I noticed the forward was by President Bill Clinton. That was enough to catch my eye. Seidman spends the first half of the book talking about transparency, trust, reputation, and the new inter-connected…

  • Ethisphere’s 100 Most Influential People in Business Ethics

    Doug Cornelius
    23 Jan 2012 | 6:58 am
    The Ethisphere Institute unveiled its “100 Most Influential People in Business Ethics,” an annual list of individuals who have made a significant impact in the realm of corporate citizenship over the course of the previous year. Some are world famous and some are little unknown. Here are some that caught my attention: #48 Stephen Colbert – Satirist, The Colbert Report Category: Media and Whistleblowers #64 Jack Dorsey – Founder and Executive Chairman, Twitter Category: Business Leadership #77 Chris MacDonald – Author, Business Ethics Blog Category: Media and Whistleblowers #85 Dick…
 
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    SimmonsFirm Blog: Recent Posts

  • Asbestos-use Increases 25 percent in United States in 2011

    25 Jan 2012 | 6:00 pm
    Posted by Perry Browder January 26, 2012 Asbestos use in the United States over the past year has increased by 26 percent compared to 2009, according to the 2012 United States Geological Survey Mineral Commodity Summaries. Many Americans falsely believe that asbestos use is banned. That’s not true. The mining of asbestos has been banned since 2002. But companies still import a known carcinogen that causes mesothelioma, a deadly cancer that 3,000 Americans are diagnosed with ever year.    In the past year, the United States has imported 1,100 tons of asbestos. In 2009, it imported…

  • 01/24/12: Mesothelioma & Asbestos News Report

    23 Jan 2012 | 6:00 pm
    Posted by Simmons Law Firm January 24, 2012 As part of our commitment to offering news and information on asbestos exposure and mesothelioma, the lawyers at the Simmons Firm have rounded up some of this week's headlines. Additional Mesothelioma Funding through DoD: Mesothelioma will again be included on the list of diseases eligible for research funding through the Department of Defense’s (DoD) Peer Reviewed Cancer Research Program (PRCRP). The disease first became eligible to receive funding in 2008 due to the disproportionate rate by which military personnel are affected by mesothelioma.

  • ADAO Spreads Asbestos Awareness Through Washington, D.C.

    22 Jan 2012 | 6:00 pm
    Posted by Perry Browder January 23, 2012 Legislators from sixteen states attended an informational Senate Briefing last week entitled “Asbestos: The Impact on Public Health, the Environment, and the Economy.” The session, organized by the Asbestos Disease Awareness Organization, raised awareness about the dangers of asbestos exposure, the seriousness of mesothelioma and encouraged attendees to adopt policy to address this dangerous carcinogen. The states in attendance were: Arkansas, California, Hawaii, Idaho, Illinois, Kentucky, Massachusetts, Montana, Nevada, New Jersey, New York,…

  • 1/20/12: Mesothelioma & Asbestos News Report

    19 Jan 2012 | 6:00 pm
    Posted by Simmons Law Firm January 20, 2012 As part of our commitment to helping families affected by mesothelioma and other asbestos-related diseases, the mesothelioma lawyers at the Simmons Firm are offering information on asbestos exposure, mesothelioma diagnosis, and treatment options. Potential Therapy for Malignant Pleural Mesothelioma: A chemotherapy drug has been granted Orphan Drug Designation for the possible treatment of malignant pleural mesothelioma. As a ‘novel synthetic compound,’ the drug, CBP501, has been approved for use in combination with Cisplatin. Phase II of this…

  • 01/06/12: Mesothelioma & Asbestos Information

    15 Jan 2012 | 6:00 pm
    Posted by Simmons Law Firm January 16, 2012 As part of our commitment to offering news and information concerning asbestos exposure and mesothelioma, the mesothelioma lawyers at the Simmons Firm have rounded up some of this week’s headlines. Recent Mesothelioma Treatment Innovations: This Brigham and Women’s Hospital article outlines a few innovative treatment options in respect to mesothelioma. Intracavitary chemotherapy, photodynamic therapy, immunotherapy, brachytherapy, and alternative medicines are among the mesothelioma treatment options discussed in the article. Mesothelioma…
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    Texas Wills and Trusts Law Online

  • Is A Will Valid If It Is Not Dated?

    Rania Combs
    23 Jan 2012 | 8:30 am
    Someone contacted me last week inquiring whether a Will is valid in Texas if it is not dated. Apparently, the individual’s father-in-law died leaving a short typed Will. He signed the Will and two unrelated people signed as witnesses, but the Will was not dated. Requirements of a valid Will Section 59 of the Texas Probate Code addresses the requirements of a valid Will in Texas.  For a Will to be valid, the testator must have legal capacity, testamentary capacity and testamentary intent. Additionally, certain formalities need to be followed. Will formalities The types of formalities vary…

  • Celebrating Two Years!

    Rania Combs
    16 Jan 2012 | 8:30 am
    January 4 of this year marked my firm’s second anniversary! It has been an exciting two years! I’ve learned so much, both personally and professionally. In some ways, it seems like I’ve been in solo practice for much longer, but in other ways, I feel like I’m just getting started. When I started my firm, very few attorneys had web-based law practices. So it is especially rewarding to see the virtual law practice model becoming more mainstream as attorneys harness technology to make legal services more affordable and accessible to their clients. In an article in Forbes last…

  • The Uninteded Consequences of Not Having A Will: Deadbeat Dad Claims Part of Deceased Son’s Estate

    Rania Combs
    9 Jan 2012 | 8:32 am
    While I was in Houston over the Holidays, I read an article in the Houston Chronicle that illustrates the unintended consequences of not having a will. It was about a man named Timothy Cole, whose father had not been a part of his life since he was seven years old. Timothy Cole died in the Texas Prison System. He had been convicted of a rape he didn’t commit. Despite the fact that the actual rapist confessed 1995, and the victim admitted that she mistakenly identified him, he remained in prison until 1999, when he died at the age of 39 of an asthma attack. Convinced of his innocence,…

  • Resolve to Name Guardians For Your Children

    Rania Combs
    4 Jan 2012 | 8:30 am
    The part of estate planning that most parents struggle with is naming a guardian for their children. For some parents, the process of selecting a guardian is easy. They have close relationships with certain family members or friends who share a similar worldview. They have absolutely no hesitation about the possibility of that person stepping in to raise their children if the need arises. But for many others, making the choice is so difficult that they don’t make a choice at all. No prospective guardian seems perfect, and they struggle with deciding which person would be best suited for…

  • Happy Holidays!

    Rania Combs
    21 Dec 2011 | 8:30 am
    It’s hard to believe that another year has come to an end! If you’re like me, you’re scratching your head wondering where all the time has gone. As I look back on the year, I feel very blessed to have had the opportunity to work with so many of you! So rather than writing about about an estate planning issue this week, I decided to take this opportunity to just say thanks. Thanks to my wonderful friends and family who have supported and encouraged me the past two years as and who’ve cheered the loudest with every success. Thanks to my colleagues and so many others in…
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    aconnecticutlawblog.com

  • Schwartz Bests Dankosky in Hot In Hartford Competition

    Ryan McKeen
    26 Jan 2012 | 11:39 am
    Breaking news: “Landside” Dan Schwartz bests WNPR’s John Dankosky in Sad City Hartford’s “Hot In Hartford Competition” proving that lawyers are just slightly more well liked than members of the media. update: Spelling Mr. Dankosky’s name wrong in the original title of my post – not good (I did get it right in the post itself). My editing staff is roughly the size of the Courant’s staff so there’s no excuse for this (tongue in cheek). I wrote “Dankowsky” in the original title out of habit. My cousins have the last name…

  • Malloy Cuts 5.76 Million From Judicial Branch Budget

    Ryan McKeen
    24 Jan 2012 | 12:28 pm
    by Christine Stuart Gov. Dannel P. Malloy is following through on his promise to end the year in the black by cutting nearly $79 million from the current budget. Malloy’s decision to use his rescissionary authority to keep his first budget in the black will have a “relatively small impact” on state services according to the governor himself, but it’s possible others may disagree. “Last year we were on the brink of the abyss with the largest per capita deficit in the nation. Today we’re talking about an adjustment of less than one percent,” Malloy said trying to put the…

  • Vote Dan Schwartz For Hot In Hartford

    Ryan McKeen
    24 Jan 2012 | 9:04 am
    Blawgfather and lawyer extraordinaire, Dan Schwartz, has drawn a tough first round matchup in Sad City Hartford’s “Hot In Hartford” competition in WNPR’s  John Dankosky. One of the country’s best law blogger v. the host of one of the very best local radio shows in the country?  Hartford is pretty darn awesome. As much as I enjoy Mr. Dankosky’s work, few contribute more to our legal community in Connecticut than Dan Schwartz.  Vote Dan Schwartz!

  • CT Judicial Branch Joins Twitter!

    Ryan McKeen
    19 Jan 2012 | 8:13 am
    On December 18, 2008 I wrote “Tweet! Judicial Branch Website! Tweet! . In that post, I argued: The judicial branch can inform attorneys and the public of programs, changes in forms, updates in procedures, decisions, court closings and a variety of other information by creating a twitter feed. Today, my dream has been realized. The Connecticut Judicial Branch has joined Twitter! The Connecticut Judicial Branch is now using Twitter to broaden public access to information about the courts. “Twitter is yet another way to get word out quickly about delays or closures due to inclement…

  • What Is The Average Disposition Time Of A Civil Case In Connecticut?

    Ryan McKeen
    17 Jan 2012 | 10:02 pm
    According to a June 2010 RBA Civil Caseflow Processing Program Report Card the average disposition time of a civil case is between 21 and 23 months.  Disposition time is measured between the filing date and the disposition date of a case.
 
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    Liberty and Justice for Y'all

  • Supreme Court Strikes Down GPS Tracking Device, Raises More Questions in the Process

    Brandon W. Barnett
    23 Jan 2012 | 1:22 pm
    Much like the landmark (and terribly confusing) opinion in Crawford v. Washington several years ago, the Supreme Court once again issued an opinion that appears likely to raise more questions going forward than answers.  The issue presented in United States v. Jones was whether the attachment of a Global Positioning-System (GPS) tracking device to an individual’s vehicle, and subsequent use of that device to monitor the vehicle’s movements on public streets, constitutes asearch or seizure within the meaning of the FourthAmendment.  The Court held: The Government’s attachment…

  • Limits of the 4th Amendment in an iPhone Culture

    Brandon W. Barnett
    11 Jan 2012 | 12:12 pm
    Boy, do we love our cellphones.  They are our phone books, our computers, our gaming systems, our cameras, our music players, you name it.  When a person's cell phone is such a multifaceted device, how can that affect their legal rights under a search warrant?  Read the summary of the case below to find out. U.S. v. Aguirre, U.S. Court of Appeals for the Fifth Circuit (Federal), December 13, 2011 In this case, Appellant was convicted of using a communications facility to facilitate a drug trafficking crime in violation of 21 U.S.C. § 843(b).  On appeal, she challenges the…

  • Pontifications of a Prosecutor

    Brandon W. Barnett
    3 Jan 2012 | 4:27 pm
    So much of our time in the criminal law world is spent in negotiations.  A defense attorney was in my office the other day and we were sharing small talk after we had reached a resolution on a felony he was handling.  I made some passing remark about him "wearing" me down because I had made an offer I didn't initially want to make.  He quipped back about the result not being overly favorable for his client either (a felony conviction would now find a home on his record.)  Then, he made an interesting comment.  "The best resolution after fierce negotiations is one that…

  • Closing the Loophole on Outcry Witnesses

    Brandon W. Barnett
    21 Dec 2011 | 7:04 am
    Sanchez v. State – Recently released and designated for publication, the Texas Court of Criminal Appeals considered the admissibility of outcry statements by alleged child sexual assault victims. In this case, appellant was charged with sexually abusing his step-daughter. The step-daughter had made an outcry statement to a witness who ultimately became unavailable. The outcry witness was available at a pretrial hearing and testified as to the extent of the outcry and as to the statement made to her. At trial, after the State discovered that the outcry witness was unavailable to testify, the…

  • Vigilant Border Protection

    Brandon W. Barnett
    16 Dec 2011 | 3:10 am
    Out near El Paso, the law enforcement folks are pretty anal about boundaries.  Apparently, their “border-protection” mentality applies equally to law enforcement officers from neighboring jurisdictions.  Below is a summary from a federal quarrel between officers of El Paso and Hudspeth Counties.  While it isn't directly on point for this blog, it is tangentially related to Texas criminal law and it has a little bit of 4th amendment seizure flavor to it. Short v. West, Fifth Circuit Court of Appeals - November 2, 2011 Appellant was an officer in the El Paso Police…
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    Associate's Mind

  • Social Media and Senpai

    Keith Lee
    23 Jan 2012 | 11:51 am
    Over the weekend, Scott Greenfield wrote about the trend in social media that one can be a mentor or be mentored via social media: There’s harm being done here, and that’s why it’s necessary to point this out.  The lawyer who has tried ten cases is being “mentored” by the twitter lawyer who has never tried a case.  The lawyer who has tried 100 cases, but poorly, is a twitter rock star.  The twitter lawyer isn’t a lawyer at all, but someone “passionate” about something he knows nothing about.  You have no clue who you’re twitting with,…

  • MLK Day – From Birmingham

    Keith Lee
    16 Jan 2012 | 11:27 am
      Normally I take my son to his early school in the suburbs during the week. But he’s been sick this weekend with a fever so I took him downtown to my wife’s hospital this morning to stay in their on-site ill child care. The traffic was incredibly light and there were not many cars driving in the city for 7 a.m. Then it struck me that it is Martin Luther King Day. After I dropped him off, I kept driving further into the city. Traffic became even more sparse. I kept driving, all the way to the 16th St and 6th Ave. While the Birmingham Civil Rights Institute is larger and fills…

  • The Inverse of Informative

    Keith Lee
    12 Jan 2012 | 12:04 pm
      Compare: I’ll be arriving at John F Kennedy airport on Friday evening; please meet the British Airways Concorde flight. Arr JFK Fri pm, pls mt BA Cncrd flt At first blush, I imagine many will lament the latter as a denigration of speech by young people immersed in text messages and Twitter. It certainly resembles such communication – truncated and stripped of the niceties of language. And although the latter message is abrupt, it also fully conveys the same information as the former. They are essentially the same message. But one has been optimized, compressed for transmission…

  • True Victory is Victory Over the Self

    Keith Lee
    5 Jan 2012 | 5:13 pm
      An old year falls, a new one rises. People will dedicate to change. They will tell themselves that this year will be different. They will commit to change their appearance, their friends, their family, their job. Goals will be set. Plans will be made. Motivation will be high. Intentions strong and good. Time will pass. Relationships will turn sour. Work will become pressing. The economy more dire. New habits will waver. The diet will slowly fade. The new running shoes will sit in the closet, dry dirt cracked on the floor. Paper piled high on the desk, no order to be seen. Falling into…

  • How to Use Social Media to Alienate People

    Keith Lee
    27 Dec 2011 | 1:10 pm
      Don’t say nice things about everyone. Don’t re-tweet that someone re-tweeted you. Don’t thank people for following. Don’t automatically follow people back. When someone follows you and they are obviously a hack – tell them to go away. Tell people to get off your website. Don’t be inviting. Point out hypocrisy and foolishness. Intimidate others. Stand up and speak loudly on divisive topics. Hold unpopular opinions and are upfront with them. Curse. Regular usage of sarcasm and wit. Ignore all social media strategies. Don’t use “Top Ten Ways to…” or reduce your…
 
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    Lawyerist

  • One Hit Away from Getting Out of Doc Review

    Bitter Lawyer
    27 Jan 2012 | 8:49 am
    Meet Paige Brenner, Loyola law grad and solo artist. She blames a drummer for getting her into doc review. Watch the rest of the Bottom Rung on Bitter Lawyer, including character sketches of the dreamers, gunners, and lifers that make up document review. One Hit Away from Getting Out of Doc Review is a post from the law firm marketing blog, Lawyerist.com Related posts: The Bottom Rung, Episode 3 Bitter Lawyer to Premiere New Web Series The Bottom Rung Begins on Bitter Lawyer!

  • Wake Up Your Lunch

    Lauren Roso
    27 Jan 2012 | 7:30 am
    I have a friend who eats a turkey sandwich and an inordinate amount of carrots almost everyday for lunch. He explains to me that it is nutritionally sound and easy to prepare, two key requirements for a brown bag lunch. By now I’m pretty sure his taste buds have died of boredom from this mundane routine (which could explain why he likes my baking). Maybe I get unnaturally excited about food but lunch is often the highlight of my workday so I want to relish in it, not dread it. As someone who almost never buys lunch and gets bored easily, I’ve come up with a few simple dishes that…

  • Is This the Age of the Two Page Resume?

    Josh Camson
    27 Jan 2012 | 7:05 am
    “Your resume should be one page.” That was the one piece of consistent advice that I got from countless career advisors during four years of college and three years of law school. But with the pervasiveness of digital applications and e-mailed resumes, does the rule still apply? Why It’s Time for a Two Page Resume Law students and attorneys alike are looking for more experience to flesh out their resumes. Ideally, this experience will set people apart when applying for a job. But after building this experience base, people try to cram everything they’ve done on one…

  • Google Announces ‘New’ Privacy Policy

    Josh Camson
    26 Jan 2012 | 1:34 pm
    Google sent out e-mails this morning alerting users about a change in their privacy policies. Dan Sherman explained in the LAB that the changes aren’t really changes. Instead, Google has simply consolidated all of its policies with the exception of Chrome and Chrome OS, Google Books, and Google Wallet. The changes also don’t apply to Google Apps users or other premium account users, such as government and education accounts. Google Announces ‘New’ Privacy Policy is a post from the law firm marketing blog, Lawyerist.com Related posts: Sync Microsoft Office Docs with…

  • How to Force Yourself to Make it Rain

    Guest
    26 Jan 2012 | 11:11 am
    Guest post by Stefanie Herrington. Every successful law firm needs a rainmaker who attracts top-notch clients. The rainmaker is the person who is involved in the community and knows everyone; the person who is trusted and commands respect. If you’re not a rainmaker, it’s time to incorporate rainmaking strategies into your practice and engage in the art of business development. Let’s face it, law professors don’t teach students how to attract clients. And while firms reward associates with strong billable hour achievements, they rarely value the time associates spend building…
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    New York Personal Injury Law Blog

  • Lawyers Behaving Badly (1/17/12 Edition)

    Eric Turkewitz
    17 Jan 2012 | 9:23 am
    Jeff Zarzynski of Milwaukee, who created an appalling ad denigrating the profession. As of 2008, there were about 760,000 lawyers in the country that held jobs. Most are highly ethical, regardless of the clients they represent, and try their best to conduct themselves professionally. But it only takes a small minority to give the rest a bad name. It’s the outliers that always cause problems, for those are the ones that make news and stay in the minds of the public. Today, we look at three of them: 1.   Milwaukee attorney Jeff Zarzynski created a video showing him as a bully who learned…

  • Martin Luther King Day. President Obama. And Us.

    Eric Turkewitz
    16 Jan 2012 | 11:07 am
    After Barack Hussein Obama was elected President, I wrote President-Elect Obama — Change Has Finally Arrived. And that post from three years ago is my post for today. Photo credit: Julie Turkewitz

  • Is “Article III Clerk” for Real? (Updated)

    Eric Turkewitz
    14 Jan 2012 | 4:20 pm
    photo credit: FrogMiller, close up of US Constitution from National Archives Have I seen this play before? A young guy, believing he is anonymous, spews on the web. When we last saw the show, it was starring  a doctor known as Flea writing about his malpractice trial. He ended out on the front page of the Boston Globe. Today we may be seeing the reincarnation of Flea, in the Twitter persona of Article III Clerk,* an arrogant, pompous judicial clerk writing about his boss and the litigants that come before the court. And doing so in scathing terms. But is it real? Or is s/he merely a humorist…

  • Rakofsky Update (A court order and a settlement) – Updated x3

    Eric Turkewitz
    10 Jan 2012 | 10:56 am
    This is an update on the Joseph Rakofsky defamation case in which I was sued along with many, many others, and for which I am now local counsel for 35 of the defendants (with Marc Randazza as pro hac vice defense). Two bits of information today. First is an order from the court regarding a proposed  Order to Show Cause for some type of relief. This was apparently brought by Mr. Rakofsky. This was not our submission, nor that of any other defendant that I know of. I have not seen the underlying papers, as such proposed orders are brought to the court without notice to adversaries. Copy here:…

  • Defending Rick Santorum…

    Eric Turkewitz
    9 Jan 2012 | 6:22 am
    Photo credit: Catholic Moxie I do not come to praise Rick Santorum, nor condemn him. But I’m here to defend him. What? You don’t believe me? This is the brief backstory on recent criticism of Santorum: His wife Karen — a non-practicing attorney, nurse and mother of three at the time —  brought a medical malpractice case  concerning a violent chiropractic manipulation in 1996. (Santorum Malpractice Complaint). It resulted in a herniated disk in her lower back that required surgery. She sued for $500,000, and a  jury awarded her $350,000 in 2000. The judge…
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    The Probate Lawyer Blog: Famous Fortune Fights!

  • Etta James, Others Remind Of Need For Estate Planning in 2012

    Andrew & Danielle Mayoras
    26 Jan 2012 | 8:35 pm
    A few weeks into the new year, how many of your New Year’s resolutions have already fallen by the wayside?  Exercise more. Eat less.  Spend more quality time with family.   Well it’s not too late to tackle a very important resolution that up to two-thirds of adults in our country ignore — estate planning. That’s right, it’s the topic no one likes to think about, but everyone knows they should take care of … wills, trusts, powers of attorney, and more. It doesn’t have to be intimidating! In fact, celebrity stories are a great way to break the ice to remind everyone of what…

  • Estate of Richard Pratt, Australian Billionaire, Defeats Mistress In Court

    Andrew & Danielle Mayoras
    26 Jan 2012 | 8:33 pm
    Richard Pratt had a colorful life, until he died at age 74 on April 28, 2009.  A former professional Australian rules football player and stage actor, he inherited his father’s small cardboard business in 1969 and grew it into one of the world’s largest privately-owned recycling and packaging companies.   Pratt peaked on Forbes’ list of the world’s billionaires at number 321 in 2005.  Two years later, his fortune was valued by Forbes at $2.5 billion (in U.S. dollars).  His fortune declined from there, and Pratt eventually admitted to a massive price-fixing scheme, paying a record…

  • Another Lawsuit Brewing Because Martin Luther King, Jr., Died Without A Will

    Andrew & Danielle Mayoras
    16 Jan 2012 | 1:24 pm
    There is no doubt about the greatness of Reverend Martin Luther King, Jr. Unfortunately, his estate planning wasn’t so great.  In fact, King made a mistake that too many people make everyday in our country … he procrastinated with his legal planning and died without a will.   In large part because of this, his legacy has been marred by fighting among his children over the handling of his estate, including claims of secrecy, mismanagement and misappropriating assets.  Years ago, MLK’s heirs formed a corporation to manage King’s estate, but then they fought over control over the…

  • Did Ryan O'Neal Steal Painting From Farrah Fawcett's Estate?

    Andrew & Danielle Mayoras
    12 Jan 2012 | 9:11 pm
    Seventies beauty icon Farrah Fawcett died in June of 2009 at the age of 62, following a terrible battle with cancer.  She did the proper estate planning, complete with a will and a trust.   [You can read the trust here].  So why are there not one, but two lawsuits over one of her assets?   It all comes down to a famous Andy Warhol painting of Fawcett.  Warhol painted two silkscreen paintings of Fawcett and reportedly gave them both to her as presents.  [You can see one of the two paintings here]. Fawcett’s trust provides that her art collection passed to the University of Texas,…

  • Rosa Parks' Final Wishes, Ignored for Years, Are Finally Restored

    Andrew & Danielle Mayoras
    6 Jan 2012 | 2:13 pm
    She ranks as one of the greatest civil rights icons of all time, all starting with a seemingly simple act of refusing to move from a bus seat.  Rosa Parks passed away at age 92 in 2005, living in a modest apartment in Detroit, Michigan.  Her estate was modest too. Officially valued at $372, 624 in monetary terms, but of course priceless in terms of memories and historical significance.   Her final wishes were not so modest.  She assigned all of her belongings to a charitable institute to “educate and motivate youth and adults, particularly African American persons, for self and…
 
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    Unwashed Advocate

  • Evil Thought of the Day

    Eric
    27 Jan 2012 | 5:40 pm
    Potential Client: When I found your website, I knew that god had led me to you, Mr. Esquire. My Evil Thought: Well, I hope he told you about my minimum retainer.   Yes, I know where I’m going when I die. No need to rub it in. Note: Yes, they really did call me “Mr. Esquire.”

  • Of SEALs and Humanitarian Endeavors

    Eric
    25 Jan 2012 | 10:34 am
    Image via Wikipedia This was on CNN today: U.S. special forces swooped into Somalia in a pair of helicopters in a daring overnight raid to rescue two kidnapped aid workers — an American and a Dane — and killed several gunmen, American officials said Wednesday. The hostages, Jessica Buchanan and Poul Thisted, were seized in October after they visited humanitarian projects in northern Somalia, said the Danish Refugee Council, the agency for which they worked. Both are unharmed, the aid group said. While SEALs received top-billing, it appears that the overall Special Operations team…

  • I’m Just Here To Serve

    Eric
    23 Jan 2012 | 12:13 pm
    So, I gets this call from another lawyer. It went something like this: Me: Hello? Other Lawyer (OL): Hi, this is _______ from _____, __. I’m an experienced litigator out here, and I have a client here who has a military law case. Me: OK, great, I do military law cases. OL: I know. I found you on the internet. So, what I need is for you to tell me how to proceed with his case, because I want to make sure I do it right. You see (rambling and overly-detailed description of case in which she shows that she clearly is not spotting the issues that need to be spotted). Me: Ummmm, so, are you…

  • No SOPA

    Eric
    18 Jan 2012 | 10:50 am
    Image by Aldon via Flickr You know what I like about the internet? You can find just about anything. And, by anything, I mean anything. I like that. Well, OK, some of the “anything” I mentioned is a bit distasteful to me, but I still like the fact that oodles of information is available to us–from kittens (lots of freaking kittens) to……well……not kittens. What can SOPA do? Well, this site (Your favorite blog in the whole world. Admit it, it is.) could be shut down if someone in the Justice Department (god, I hate the word “justice”)…

  • Trial Prep: Listen to Bum

    Eric
    17 Jan 2012 | 10:52 am
    Now that's a Texas football coach. If you asked me to show you a picture of a Texas football coach, I’d find a picture of Bum Phillips. That’s just my own stereotype–cowboy hat, barrel chest, cinderblock jaw. As coach of the Houston Oilers, he wasn’t as successful as his NFC counterpart near the north-end of the state. Mostly, he just looked and acted the part and never worried about what others thought, and that’s fine with me. He said the following about Don Shula: “He can take his’n and beat your’n and take your’n and beat…
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    Planning Notes

  • Life Insurance & Creditor Protection in Arizona

    26 Jan 2012 | 3:25 pm
    Arizona life insurance beneficiaries who are deemed to have “insurable interests” in the lives of another, other than those effecting the insurance or their legal representatives, are “entitled to [life insurance] proceeds against the creditors and representatives of the person effecting the insurance.” A.R.S. § 20-1131(A). Eligible Beneficiaries Not everyone is entitled to be a beneficiary of a life insurance policy on the life of another. In fact, only the following parties are permitted to have an “insurable interest” in the life of another: 1. In…

  • Qualified Personal Residence Trust (QPRT)

    7 Dec 2011 | 12:21 pm
    A qualified personal residence trust, or QPRT, can reduce the federal estate tax associated with transfers of real property to heirs, reduce the federal gift tax associated with such transfers, and, provide asset protection. Federal Estate & Gift Tax A trust settlor (sometimes called a grantor or truster) must transfer his/her ownership of a residence to an irrevocable grantor trust while retaining the right to use the residence for a term of years. The IRS characterizes the transfer of the remainder interest, i.e. the interest in the residence after the term of years has expired, as a…

  • Bankruptcy Discharge of Federal Income Taxes

    11 Nov 2011 | 12:04 pm
    The United States Bankruptcy Code ("Code") provides for the discharge of federal income tax obligations in certain, limited situations. While there are numerous restrictions on bankruptcy discharge of such taxes, one is of particluar importance: timing. Individual Bankruptcy Individuals are generally permitted to file for discharge through bankruptcy under two chapters of the Code: Chapters 7 & 13. Chapter 7 provides for discharge of debts through liquidation while Chapter 13 provides for discharge pursuant to a repayment plan through which some debts are repaid and the others are…

  • Arizona's Property Tax Exemption & Deferral

    6 Oct 2011 | 1:56 pm
    Arizona law permits the reduction, or elimination, of property tax obligations for qualified real property owners and also permits qualified real property owners to defer payment of property taxes until the real property is sold or the real property owner dies. A.R.S. §§ 42-11111 & 42-17302. Property Tax Exemption The State of Arizona calculates real property taxes on owner-occupied residences based upon Assessed Value. The Assessed Value is 10% of the Full Cash Value, not 10% of the fair market value. If the person meets the requirements set forth in A.R.S. § 42-11111, the…

  • Inherited IRA: Distributions, Beneficiaries & Trusts

    23 Sep 2011 | 4:48 pm
    The Internal Revenue Code (IRC) allows that after the death of the account owner, the proceeds from an Individual Retirement Account (IRA) may be distributed to a single beneficiary, multiple beneficiaries, multiple trusts (each having one beneficiary), and multiple trusts (each having multiple beneficiaries). In the case of a trust with multiple beneficiaries, however, the length of the distribution period may not exceed the life expectancy of a single designated beneficiary. Required Minimum Distribution Beginning Date The federal law, IRC §401(a)(9)(A)(i) & (ii), governing IRA…
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    THE NUTMEG LAWYER

  • Connecticut Judicial Branch Now Using Twitter @ctstatecourts

    19 Jan 2012 | 9:29 pm
    The Connecticut Judical Branch has announced that it has created a twitter account.  So can we expect to see judges tweeting about their favorite Justin Beiber song or maybe tweets like "OMG  Did you see what attorney Smith wore to court today? LOL"  Not quite.  The following is a press release from the Judicial Branch.We look forward to the service.  FOR IMMEDIATE RELEASE: The Connecticut Judicial Branch is now using Twitter to broaden public access to information about the courts.  “Twitter is yet another way to get word out quickly about delays or…

  • CT Superior Court Judge Robert Satter Dies at Age 92

    16 Jan 2012 | 12:47 pm
    Sadly, we must report the passing of one of Connecticut's most well known judges.  The Governor's office reports that Judge Robert Satter has passed away at age 92.  A well liked Superior Court judge, Satter wrote several books including Doing Justice, A Trial Judge at Work where Satter gave reader's an inside look at what it was like to sit on the bench.  He was also the author of Under the Gold Dome: An Insider’s Look at the Connecticut Legislature.  Our condolences to the Satter family.   The following is from the office of Gov. Dannel P. Malloy:“Today,…

  • Some Things Are Better Left Unsaid

    5 Jan 2012 | 9:01 am
    If you ever watched a Mountain Dew commercial, you often see thrill seeking teens "doing the Dew."  The commercials usually involve thrill seekers bungee jumping,  skateboarding or skydiving on a snowboard into an avalanche while holding the green bottle full of liquid youth.  Fifty two year old Ronald Ball wanted to "do the Dew."  After purchasing a bottle from a vending machine, he alleges he got more than he expected. Mr. Ball is suing Pepsi because he claims his Mountain Dew had a dead mouse inside.  Along with a swig…

  • Arrivederci You Old Biddy!

    30 Dec 2011 | 10:40 am
    One of my first cases as a newly minted attorney was a divorce between an 85 year old man and his 80 year old wife.  The couple owned several investment properties that supplemented their income.  The husband was upset that his wife gave him an allowance of a few hundred dollars while she spent the bulk of their earnings on fancy bedazzled cat sweaters, hard candy and Lawrence Welk records.  (I assume that is what she spent her money on).   Both divorcing parties were hard of hearing which led to a comical scene of both attorneys and judge basically shouting during the…

  • What Should I Buy the Lawyer in My Life?

    19 Dec 2011 | 1:40 pm
    If you practice law, there is a good chance that your Christmas presents are regulated to an assortment of neckties, John Grisham novels, and other attorney related products that include various pieces of engraved crap that are destined to gather dust.  Hopefully these last minute gift ideas might steer gift givers (hint hint, nudge nudge, say no more) in the right direction.  A Tablet Computer The more I use my tablet computer in my daily practice, the more I can't do without it.  I happen to own the Samsung Galaxy tablet. It…
 
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    UDUAK LAW FIRM

  • Pictures: Lawyer in Legal Motion by Rudy Meyers

    UDUAK LAW FIRM
    11 Jan 2012 | 10:44 am
    Out with the old, in with the new. For 2012, I knew I needed to open the year with long over due new photos. I wanted photos that captured me looking as natural as possible, conveyed by down to earth yet no-nonsense personality for my job as a lawyer/trial lawyer. The right man for the job was photographer Rudy Meyers. I met Rudy a couple of years ago through searching for a photographer here in Sacramento on google. Rudy is a successful commercial photographer who has shot clients in the fashion, entertainment, legal, business and diverse industries  locally and nationwide. What caught my…

  • Lawsuit Alert: Beyonce Blue Ivy Carter Baby Delivery Could Result in Lawsuit Against Hospital -”This is the NICU. Nobody Cares if you’re a Celebrity.”

    UDUAK LAW FIRM
    11 Jan 2012 | 9:48 am
    When I read Beyonce and Jay-Z paid $1.3million to section off a part of Lenox Hill Hospital in New York for delivery of their child, Blue Ivy Carter as reported by news media, I smelt a potential lawsuit from afar. Should celebrities place other expecting families in distress just because they are having their baby? What about the hospital? What is their responsibility and legal liability? Read the excerpt first: “Hip-hop parents Beyoncé and Jay-Z were in lullaby land with their baby girl Blue Ivy Carter Sunday, but one new dad was fuming over the velvet rope in the maternity ward that…

  • Criminal Law: Snoop Dogg Arrested for Weed – “Snoop Dogg isn’t the Only Canine with a Nose for Weed “

    UDUAK LAW FIRM
    11 Jan 2012 | 8:59 am
    TMZ reports that Snoop Dogg has been arrested for possession of weed. I love reading great openings.  “Snoop Dogg isn’t the Only Canine with a Nose for Weed. . .” What an opening by TMZ. “Snoop Dogg isn’t the only canine with a nose for weed … TMZ has learned the rapper was ARRESTED in Texas this weekend after a drug-sniffing dog uncovered marijuana on his tour bus. Law enforcement sources tell us … Snoop’s tour bus was stopped at a border patrol checkpoint in Sierra Blanca — a small town in West Texas where Willie Nelson was popped for…

  • Happy New Year!

    UDUAK LAW FIRM
    10 Jan 2012 | 12:40 am
    Happy New Year to you all! Welcome to 2012 on UDUAK LAW FIRM’S Fashionentlaw.com blog. It feels good to be back on my online home. This is my favorite hangout spot on the web. It is the place to relax and just be “legally me.” Typically, I prepare my stories I discuss with you all during the week on weekends, giving room for breaking and compelling legal news stories as my full work schedule permits. Well, this weekend, I did not have the luxury to prepare for a big welcome party welcoming you all! Most of you longtime readers know I am of Nigerian heritage. I was born in…

  • Thank You + Fashionentlaw.com Best of 2011

    UDUAK LAW FIRM
    30 Dec 2011 | 5:15 pm
    Thank you all for a fantastic year! I appreciate every visit, your emails, your comments, your time. Uduak Law Firm’s Fashionentlaw.com blog clocked one year old this July 2011. Boy have we covered so much ground! When people experience the legal system in California and the USA in general, it is deeply  personal. It is life changing. At times, rubbing shoulders with the legal system can be empowering.  Often,  it is not. It is intense, stressful, intimidating, crippling and at times destructive leaving those who experience it to pick up the pieces and start life all over again. Either…
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    Law and Daily Life

  • Capital Gains Tax Isn't Just for Rich People

    Andrew Chow, JD
    27 Jan 2012 | 8:01 am
    Presidential candidate Mitt Romney's tax returns have called attention to capital gains. As you probably now know, capital gains are usually taxed at a lower rate than other types of income -- but they're not just for the super-rich. Anyone with a capital asset can claim a capital gain when that asset is later sold, according to the Internal Revenue Service. A "capital gain" is how much money you made by selling the asset. (However, if you lost money in the deal, and it's investment property, it's called a "capital loss.") So what is considered a capital asset? And can you claim the sweet 15%…

  • New York Gets First Contested No-Fault Divorce

    Cynthia Hsu, Esq.
    27 Jan 2012 | 7:02 am
    Gloria Sorrentino's 56-year marriage to her husband was dissolved this week courtesy of New York's no-fault divorce law. It is likely the first time the year-old law has been applied in a contested divorce case. Some readers might be wondering what no-fault divorce law is. No-fault divorces are cases where neither party needs to take the blame for a marriage's dissolution. For example: the marriage was simply "irretrievably broken." This is the reason that Gloria Sorrentino cited for her divorce. Her husband Sebastian Sorrentino contested the divorce. He wanted to stay married. He said that…

  • Pat Sajak Admits to Being Drunk at 'Wheel'

    Andrew Chow, JD
    26 Jan 2012 | 5:06 pm
    In a video clip that's gone viral, Pat Sajak of TV's "Wheel of Fortune" admits to an HWI -- hosting a game show while intoxicated. "Yes. When I first started and was much younger and could tolerate those things," Sajak said during an ESPN2 talk show on Tuesday, the Los Angeles Times reports. Pat Sajak and co-host Vanna White routinely tossed back "two or three or six" margaritas between tapings of "Wheel of Fortune" in the early 1980s, Sajak said. (When pressed for the actual number of drinks, Sajak replied, "I think the average number was cuatro.") Upon returning from their margarita break,…

  • When to Opt-Out of Class Action and Go to Small Claims

    Stephanie Rabiner, Esq.
    26 Jan 2012 | 11:03 am
    Class action settlement offers tend to be disappointing. Five dollars is not adequate compensation for that $80 power cord. But what are you going to do about it? Opt-out of the class action? Heather Peters did, and then she filed a lawsuit in small claims court. If she wins, she'll likely be awarded more than the $100 and rebate offer that form the Honda Civic hybrid settlement. Her plan can be applied to almost any class action settlement out there. Peters didn't approve of the settlement, which was based on claims that Honda lied about the hybrid's fuel economy. She's spent thousands more…

  • Do You Make These 5 Landlord Mistakes?

    Stephanie Rabiner, Esq.
    26 Jan 2012 | 6:56 am
    Renting out property is not easy. You have to deal with a wide web of laws, a variety of professionals and tenants. It can be a lot to manage. Which is why landlords often make mistakes -- and the same ones, at that. Most try to stay on top of the law, but things change. Other laws are just open to legal interpretation. Not sure if this applies to you? Consider the following landlord mistakes to see if you need to modify your behavior. 1. Using a generic lease. It's easy, but it's not custom. Your property and needs are unique, and only a customized lease can reflect that fact. 2. Wasting…
 
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    Gavel to Gavel

  • Showdown in California Assembly over Judicial Council’s budgetary power over state’s courts set for next week

    Bill Raftery
    27 Jan 2012 | 1:13 pm
    Angst and anger at the California Administrative Office of the Courts and the constitutionally-established Judicial Council will be coming to a head next week in the state’s Assembly. Under AB 1208, much of the Judicial Council’s power over local court budgeting and policy would be curtailed or ended with local courts given a veto over budget issues. According to an analysis written by the Assembly, AB 1208 Deletes the existing provision of law that states that the Judicial Council shall retain the ultimate responsibility to adopt a budget and allocate funding for the trial…

  • West Virginia considers creating an intermediate appellate court, Virginia considers getting rid of theirs

    Bill Raftery
    27 Jan 2012 | 11:48 am
    Of the 50 U.S. states, 40 have an intermediate appellate court (IAC), generally (but not always) called the “Court of Appeals”. Two states have been actively trying to get their own IACs. The first, Nevada, has been trying for decades but has been unable to get voter support for a constitutional amendment to create or allow the legislature to create such a court.  A fourth attempt is currently in the works. The other state is West Virginia. Creation of an IAC (tentatively entitled the “Intermediate Court of Appeals”) has bounced around the legislature since at least…

  • Vote to change way Wisconsin picks its chief justice is now back on committee agenda

    Bill Raftery
    27 Jan 2012 | 10:30 am
    In early January I noted an expected vote in the Wisconsin Assembly Committee on Judiciary and Ethics on a plan to change the way the state’s chief justice was selected (currently, most senior justice serves). I also noted the near last-minute cancellation of that vote. The latest agenda for that Assembly committee, however, indicates the vote is now back on for Thursday, February 2.  

  • Despite already passing ballot item for 2012 election, Arizona legislature takes up debate over judicial elections/merit selection again

    Bill Raftery
    27 Jan 2012 | 8:39 am
    2011 proved highly contentious when it comes to judicial elections. One state that had presumably settled the issue (legislatively speaking) was Arizona, which sent to the November 2012 a proposal to revise the state’s merit selection system, increase judicial terms, and increase the mandatory retirement age for judges. SCR 1001 of 2011 was approved in April, before the state’s Supreme Court overturned an effort by the state’s governor and senate to remove from office the chair of the state’s redistricting commission. Early indications are that SCR 1001 may now be…

  • Issue 6:4 is out

    Bill Raftery
    26 Jan 2012 | 2:23 pm
    Issue 6:4 is here. Jury nullification makes it out of New Hampshire Senate and back to House Oklahoma tries again to increase small claims jurisdiction Plans to raise mandatory judicial retirement ages advance in FL, die in VA Virginia may split $5 court technology fee with $4 staying locally Florida tackles issue of e-filing and e-storage West Virginia tries to come up with new ways to pay of public financing of supreme court races Latest bill to abolish Tennessee’s existing judicial disciplinary body
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    William Carleton, Counselor @ Law

  • Orange Friday

    William Carleton
    27 Jan 2012 | 9:15 am
    Traveling today. The picture below tells where and why. I've been thinking about prospective sunshine all week. It was raining in Seattle yesterday. It has been raining in Seattle all week. Program Notes: Two topics I can't get into today in depth, to which we will return, soon enough: The association of state and provincial securities administrators, NASAA, has floated a draft of its proposed crowdfunding securities exception. Kudos to Jim Hamilton for blogging an overview. Thanks also to @JoeWallin for tweeting a heads up about Jim's post. The biggest distinguishing feature…

  • Drafting

    William Carleton
    26 Jan 2012 | 10:00 am
    One of the pleasures of redlining is that you can map a tour of changes made in a landscape of text. I haven't yet had a chance to read Google's overhauled privacy policy. The changes look to be so substantial, it may be difficult for a redline to throw discrete instances of wordsmithing into relief. That said, here is a small section of the anticipated Google privacy policy, marked against the version to be replaced. This passage, at least, does yield the experience only a redline will afford. I don't have time this morning to fully narrate a tour. I'll just call out…

  • Tiny Constables in Gigantic Coaches

    William Carleton
    25 Jan 2012 | 9:52 am
    If you read the headlines this week about the Supreme Court's decision in its GPS surveillance case, you might be forgiven for thinking the Justices rang a bell for the expansion of civil liberties and privacy rights into digital territory. Now it is true, the Court ran up the score, 9-0, in deciding against the government. But the Justices were split over the legal rationale that should apply. Three agreed with Justice Scalia, that the police, by surreptitiously placing a tracking device on a car outside the parameters of a judicially issued warrant, had "trespassed" on the…

  • Tea & Biscuits

    William Carleton
    24 Jan 2012 | 9:14 am
    The new tech blog from Sarah Lacy, PandoDaily, quotes this passage from a weekend NYTimes article on why the iPhone simply has to be be manufactured in China: "Apple executives say that going overseas, at this point, is their only option. One former executive described how the company relied upon a Chinese factory to revamp iPhone manufacturing just weeks before the device was due on shelves. Apple had redesigned the iPhone’s screen at the last minute, forcing an assembly line overhaul. New screens began arriving at the plant near midnight. "A foreman immediately roused 8,000…

  • Texture Map 3/5/7

    William Carleton
    23 Jan 2012 | 10:01 am
    The snow in Seattle has washed away as quickly as it first arrived, though it did linger the better part of last week. Downtown office routines, business travel, school classes were disrupted. City streets served as impromptu sled runs. Here's a collage I put together to remember the week. I call it Texture Map 3/5/7. The photos were all taken last Friday, late afternoon, along NE 50th Street, between University Way NE and 8th Ave NE. A Flickr set of the individual photos is here.
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    The Probate e-Lawyer

  • What is Probate?

    Jeramie Fortenberry
    7 Jan 2012 | 6:17 pm
    http://www.youtube.com/watch?v=y7uZNbWrkbkTranscript:I am attorney Jeramie Fortenberry.  In this video, we are going to talk about a question that comes up often in my consultations with clients or with potential clients. That question is: what is probate?In simple terms, probate is a court-supervised legal process for moving assets from a deceased person to the people or the organizations that are entitled to the assets.  It is a court-supervised process, meaning that the court will be involved in the transfer and will oversee it to be sure that the right people end up with the assets and,…

  • Heir Property: What is Heir Property?

    Jeramie Fortenberry
    6 Jan 2012 | 1:01 pm
    Heir property is land that is jointly owned by descendants of a deceased person whose estate was never handled in probate.  These descendants (heirs) have the right to use the property, but they do not have clear or marketable title to the property since the estate issues have not been resolved.Without a court proceeding to deal with these estates, third parties (like buyers or lenders) have no way of knowing who is really entitled to the property and whether any creditor claims apply.  This means that the heirs cannot sell, mortgage, or otherwise deal with the real estate.  Heir property…

  • How to Transfer Automobiles without Probate in Mississippi

    Jeramie Fortenberry
    18 Oct 2011 | 1:57 pm
    I get a bunch of e-mails from people who want to know where to start with Mississippi probate.  Many of them have not considered whether probate is really required.As I’ve mentioned in my discussion of how to determine whether Mississippi probate is necessary, so much depends on what assets the decedent owned, where they are located, and how they are titled.Every once in a while I get a call from someone with a deceased friend or family member that had no assets other than an automobile.  Sometimes they have been told that they need to go through probate so that they can get clear title…

  • IRS Issues Guidance on Electing Portability of Deceased Spousal Unused Exclusion Amount

    Jeramie Fortenberry
    5 Oct 2011 | 10:48 am
    The Internal Revenue Service has issued guidance on electing portability of the unused exclusion of a deceased spouse. Notice 2011-82, which was issued on September 29, 2011, reminds estates of deceased married individuals to file a Federal estate tax return to transfer the decedent’s unused gift and estate tax exclusion amount to the surviving spouse.Tax practitioners have been achieving portability with estate planning techniques (credit shelter dispositions) for decades, but portability didn’t become a part of the tax laws until the Tax Relief Act of 2010, which was signed into…

  • Recent Florida Probate Case Illustrates Problems with DIY Wills

    Jeramie Fortenberry
    30 Aug 2011 | 3:00 am
    There’s been a lot of talk lately about helping consumers represent themselves in routine legal matters, without (or with limited) need for attorney involvement.  I think this is a good idea for simple matters that members of the public really can handle themselves.  Why force someone to pay an attorney if they don’t need one?But this raises an important question, which has not been fully settled: What sort of legal matters are simple enough for a person to handle without attorney assistance?  One of the most-often mentioned is wills.  Aren’t these routine forms that a person can be…
 
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    Criminal Defense Lawyer - Best Criminal Lawyer

  • Michigan Criminal Law – Ottawa County Attorney’s Contempt Conviction Reversed

    admin
    27 Jan 2012 | 11:30 am
    In December, we wrote about Scott G. Millard, an Ottawa County attorney who was held in criminal contempt at the 58th District Court in Hudsonville, Michigan by Judge Kenneth Post. The judge took issue with the attorney’s statement that the client need not answer questions about prior drug use in order for the judge to determine bond conditions. The attorney knew that criminal defendants have the right to remain silent under the Fifth Amendment to the United States Constitution if a truthful answer could incriminate them. Millard appealed his contempt conviction to the Ottawa County…

  • Michigan Criminal Defense Attorneys – US Supreme Court Rules GPS Tracking Without Warrant is an Illegal Search

    admin
    26 Jan 2012 | 3:01 pm
    All nine justices on the United States Supreme Court recently ruled that the police must obtain a search warrant before attaching a GPS device to a suspect’s vehicle. In the case, called United States v. Jones, a Washington, D.C. nightclub owner named Antoine Jones was suspected of Cocaine drug trafficking. Police attached a GPS to the underside of Jones’s vehicle and monitored his movements for a month. The information gathered by the GPS device helped the trial court convict Jones of drug crimes. Jones appealed his conviction. The Supreme Court Justices ruled that attaching the GPS…

  • United States Supreme Court Overturns New Orleans Murder Conviction

    admin
    16 Jan 2012 | 4:30 pm
    Juan Smith was found guilty of five murders in a New Orleans trial court. At his trial, the government presented the testimony of a witness who said Smith was the first gunman to come through the door during a robbery. However, prosecutors held back the fact that that same witness had previously told a detective he could not identify the robbers. Smith appealed his guilty verdicts to the United States Supreme Court, which reversed the convictions. Eight of the nine Supreme Court Justices ruled that the government prosecutors should have disclosed this admission by the witness to the defense…

  • Michigan Drug Attorneys – Statewide Effort to Legalize Marijuana Launched in Michigan

    admin
    12 Jan 2012 | 4:30 pm
    There are few issues in the law that get people riled up like the legalization of marijuana. Supporters of legalizing pot feel too many government resources are spent on prosecuting people for marijuana drug crimes when marijuana is not as dangerous as other substances that are already legal in Michigan. People who oppose legalization fear that society will go downhill if people are allowed to use marijuana as they please. This debate is about to heat up in Michigan. There is a statewide campaign to gather enough signatures to place pot legalization on the ballot. If this measure gets placed…

  • Michigan Criminal Defense Attorney – Michigan Court of Appeals Upholds Second Amendment Constitutional Rights

    admin
    28 Dec 2011 | 4:30 pm
    The Michigan Court of Appeals recently decided the case of People vs. Minch. In the case, the Fruitport Police Department seized over 80 firearms from the home of Kurtis Minch. The police never instituted a civil forfeiture action to keep the firearms, so Minch filed a motion to order the release of the firearms. Because Minch was a convicted felon, he could not possess or distribute the firearms himself, but he could be charged with being a felon in possession. Therefore, Minch asked that the firearms be given to his mother to hold until he was again allowed to possess the guns by restoring…
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    But I do have a law degree...

  • The Ladies that Lunch

    But I Do Have a Law Degree
    27 Jan 2012 | 10:39 am
    The highlight of my week this week? Lunch.  Yesterday. It had been planned for over a month.  I dropped the kids off at my neighbor's house (who is a saint for taking both of them).  I drove downtown BY MYSELF.  I arrived early and walked around the block a few times, watching the people in suits and feeling a knee jerk gratification that I wasn't one of them. Then I went to the venue - Potenza.  I had looked up the menu ahead of time, trying to find something to fit within my Weight Watchers diet (which expires tomorrow, hooray!).  I decided on a…

  • Interviews

    But I Do Have a Law Degree
    26 Jan 2012 | 9:25 am
    So I had an interview this morning.  Don't worry, I'm not returning to the dark side.  It was just some Craiglist ad I responded to for a part time legal writing position that actually turned out to be legitimate.  (Go figure?). Back in the day, I used to be a master interviewee.  I was never nervous.  Why would I be?  When else do you have the opportunity to talk about yourself for 30+ minutes and have someone pretend to care?  Plus, I had a lot to say.  I had interesting experiences, and a solid educational background.   I felt that the jobs were…

  • Getting My Shit Together

    But I Do Have a Law Degree
    24 Jan 2012 | 8:15 am
    Does it ever seem like everyone else has their shit together?  Except you? This past weekend I went to visit one of my best friends in Pittsburgh.  She has two boys my kids' age, and we had an awesome time.  Her house is beautiful.  Her kids are adorable.  She hosted dinner and then brunch.  She is six months pregnant, yet still looks stylish.  She has amazing window treatments and a wine refrigerator and multiple throw pillows on the guest room bed.  She has a dog that can go outside without a leash.  She stays at home with her two kids and has…

  • Pic of the Week - Worn Out

    But I Do Have a Law Degree
    20 Jan 2012 | 12:40 pm
    I'm not the only one who is exhausted after a long week.... But I'm not nearly as cute. Have a great weekend, everyone!

  • Flashbacks

    But I Do Have a Law Degree
    18 Jan 2012 | 8:40 pm
    When I was a junior in college at Penn State, I remember having a conversation with a friend of mine about her older sister.  Her older sister had just had a baby, and had given my friend some advice: "Go out in college as much as you can - resist the urge to stay in, even if you are tired.  Because someday, when you are rocking your baby to sleep in the middle of the night, those are the memories that you will come back to." This advice haunted me, but I probably didn't need it.  I went out all the time in college on my own accord.  I had a blast. But 10 years later, when…
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    Denver Employment Law Attorney Blog

  • Employee says she was fired for giving notice of leave under FMLA

    Berumen Law Firm
    26 Jan 2012 | 11:37 am
    Readers in the Denver area will be interested to hear of a lawsuit involving a woman who said she was harassed and wrongfully terminated for requesting leave under the Family Medical Leave Act. The woman had been employed at a senior community living facility for less than 12 months when she gave notice that she was pregnant and would need to take leave after the birth of her child. Even though the FMLA requires a person to work for 12 months before becoming eligible for leave, the woman in this case would have been eligible by the time her leave commenced. The woman said that soon after she…

  • Denver high school coach claims employment discrimination

    Berumen Law Firm
    19 Jan 2012 | 1:45 pm
    It is against federal law to fire, discipline or discriminate against an employee for taking advantage of health or other job benefits to which the employee is entitled. But a Colorado high school coach who twice won the Colorado State High School Coach of the Year award says he was fired in April 2010 not only because he used his health insurance benefits, but also because of his age. Recently, the coach filed a lawsuit in Denver federal court, saying that the owners of the private high school where he worked violated his rights under the Americans with Disabilities Act and the Age…

  • Pregnant workers: know your rights under ADA and FMLA

    Berumen Law Firm
    10 Jan 2012 | 2:55 pm
    As readers in Colorado may know, in 2008, the Americans with Disabilities Amendments Act broadened the Americans with Disabilities Act to include a number of relatively minor and short-term physical disabilities. However, in most of the United States, employers still sometimes try to get away with employment discrimination based on the burdens women must endure while pregnant. For instance, one pregnant woman was fired from her retail position for consuming water on the job, even though a healthy pregnancy requires women to drink plenty of water. Another woman who worked as a nursing home…

  • Search ongoing for sexual harassment suspect in Boulder

    Berumen Law Firm
    3 Jan 2012 | 11:19 am
    The search continues for a man in Colorado who is accused of unlawful sexual contact with a former employee of the Original Pancake House. The man is accused of unlawful sexual contact with force, unlawful sexual conduct and identity theft. He was previously employed at the restaurant, as was the female victim, and it is alleged that three other men were involved in the sexual harassment case.The woman says that several of the male employees at the restaurant repeatedly touched her inappropriately and harassed her. After the woman complained in March, police arrested three individuals who…

  • Employment discrimination lawsuit against Colorado moving company

    Berumen Law Firm
    30 Dec 2011 | 11:17 am
    Readers in Denver will be interested to hear of an employment discrimination lawsuit involving a moving and storage company based in Grand Junction. The U.S. Equal Employment Opportunity Commission recently filed a lawsuit against the company for allegedly discriminating against employees. According to the EEOC, the company permitted its Salt Lake City warehouse facility to take discriminatory action against Mexican immigrants. The lawsuit was reportedly filed last week in a U.S. District Court in Utah. The filing alleges that the moving company violated Title VII of the Civil Rights Act of…
 
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    4injured-losangeles.com

  • Recall Alert Issued for Cheese and Milk Products Due to Listeria Scare

    Kirk Bernard
    27 Jan 2012 | 3:40 pm
    According to the news, the Department of Public Health has issued a warning to consumers so they will refrain from consuming certain cheese and milk products believed to have been contaminated with Listeria monocytogenes. The federal agency stated that this potentially fatal bacterium could pose severe risks to adults with weak immune systems. A total of 7 products have been recalled and consumers who have already bought the affected units have been asked to discard them immediately. MDPH combined with the United States Food and Drug Administration are working together to make sure consumers…

  • Kia Optima And Kia Rondo Vehicles Recalled Over Faulty Airbags

    Kirk Bernard
    27 Jan 2012 | 12:08 pm
    Kia Motors have recalled two of their models, Kia Optima and Kia Rondo for potential safety hazards. The company believes usage over time might have a potentially damaging impact on a particular clock spring assembly, which leads the driver’s side air bag to malfunction and not deploy when a crash occurs. In accordance with several news outlets, the carmaker Kia has notified the owners and the authorized dealers that all malfunctioning units will be fully replaced free of charge. This recall is expected to start in March of 2012. The official statement released by the National Highway…

  • Recall Issued For Unapproved Hair Regrowth Products Due To Potential Health Risks

    Kirk Bernard
    27 Jan 2012 | 9:45 am
    Perfect Image Solutions is recalling multiple batches of Men’s Minoxidil and Women’s Minoxidil Hair Regrowth Treatment as well as Hair Regrowth Shampoos. According to the news, under revised law, these items now being recalled were found to contain substances that are harmful to the consumer’s health. The items in question contain unapproved news drugs and could be harmful because the FDA hasn’t tested affects of this product in full. Perfect Image Solutions, LLC is now in contact with consumers to ensure the recall will be followed through. The company has stated that all…

  • Blades Used with Ariens Lawnmowers Recalled Due to Laceration Hazard

    Kirk Bernard
    26 Jan 2012 | 2:35 pm
    The U.S. Consumer Product Safety Commission and Blount International Inc. have issued an immediate recall of approximately 950 Oregon Replacement Lawnmower Blades due to the possibility of laceration during use. In accordance with the news, Blount International has received seven reports of blades breaking during use; however no one has been seriously hurt. The recalled blades which were sold in independent lawn and garden stores across the nation between January 2010 and September 20111 are designed for the Ariens 48-inch lawnmowers. Customers are properly advised they should stop using the…

  • Cadillac SRX Recalled Over Faulty Transmission

    Kirk Bernard
    26 Jan 2012 | 11:45 am
    General Motors, simply known as GM, is recalling Cadillac SRX vehicles manufactured between October 2008 and June 2011. The recall was announced after the company found problems with the vehicles’ transmission shift cables. According to official announcements, the driver may face certain difficulties when attempting to shift the transmission out of gear since the cables were not correctly installed. This problem may cause serious vehicular crashes if not properly fixed. In accordance with the news, GM is currently working to contact owners of this model and guarantees that all affected…
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    Shpoonkle.com

  • Dangerous Recalls

    Bubbie
    28 Jan 2012 | 6:26 am
    The U.S. Consumer Product Safety Commission, along with the companies named below, announced a voluntary recall of the following consumer products. Target sold 6-pc. LED Flashlight Sets nationwide from October 2010 through December 2011 for about $10 per set.  They are made of silver plastic with black rubber around the handle and light base. The flashlight sets have UPC code 490021010049 printed on the back of the package. When turned on, the flashlights can heat up, smoke or melt, posing fire ...Keep Reading

  • Dirty Money

    Bubbie
    27 Jan 2012 | 6:45 am
    You might want to launder it, but it is much easier if you just wash your hands. Washing your hands more often is what the Center for Disease Control recommends. But washing your hands too often can be worse because it removes from the skin its antimicrobials (natural skin protectors) making you more susceptible to bacteria. In Japan, money can be taken to a special type of ATM, where, in less than a second, it is completely sanitized. The thing about money is you never know where it has b ...Keep Reading

  • Radioactive Tissue Boxes

    Administrator
    26 Jan 2012 | 5:48 am
    According to NBC News, Bed, Bath, & beyond is recalling its metal tissue boxes after California health officials found a shipment to be radioactive. The Nuclear Regulatory Commission notified health officials that a shipment of metal box tissue holders going to Bed, Bath & Beyond stores contained low levels of Cobalt-60. It was discovered when radiation alarms went off around a truck carrying Bed, Bath, & Beyond goods in California.. Officials think that the metal used in radiation t ...Keep Reading

  • Alternative Energy and Hybrid Autos

    Bubbie
    25 Jan 2012 | 5:47 am
    Alternative energy cars also known as hybrid cars are nothing new. Jay Leno has 3 of them in his large collection of antique autos. The Baker Electric is one of them, manufactured by the Baker Motor Vehicle Company from 1899 to 1914. They were different from other cars of the period, because they did not need any cranking. They used alkaline batteries, invented by Edison, that could be washed out and refilled and can last forever. In 1914, Baker Motor Vehicle Co merged with Cleveland automaker ...Keep Reading

  • Debt Collection Laws

    Bubbie
    24 Jan 2012 | 5:41 am
    In these awful economic times thousands of unemployed families have used up their savings, unemployment benefits, run their charge cards up and over the limits and have missed payments and become deeply in debt. The nasty collection phone calls have started, the mail is mostly dunning letters and you do not know what to do or say to whom. You just want it all to stop. You have some protections from debt collectors and you should know what they are. The Fair Debt Collections Practices Act has ...Keep Reading
 
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    Wheaton Criminal Defense Attorneys Blog

  • Drug charges sneak up on Chicago Heights driver

    Martin, Kent & Reidy, L.L.C.
    25 Jan 2012 | 4:43 pm
    Drug charges aren't something a person usually expects to sneak up on them. But the possession of drug paraphernalia can result in severe legal consequences regardless of the circumstances surrounding the alleged possession. A 31-year-old man of Coales Road was arrested following a routine traffic stop on the Dixie Highway last week and is now facing drug charges. According to Chicago Heights police, the man was stopped at around 2:30 in the morning because he had no light illuminating the rear license plate on his vehicle. Police noticed a bag, which they believe resembled a gun case, on the…

  • Man charged with domestic crimes after he posts Facebook photo

    Martin, Kent & Reidy, L.L.C.
    18 Jan 2012 | 5:13 pm
    Domestic violence is always a complicated matter. When children are involved in these cases these situations becomes even more difficult. A South Side Chicago father has found himself facing multiple charges of domestic violence after posting compromising photos of his daughter on his Facebook page. The father admits to "feeling awful" about the situation, but he maintains that the photos were not to be taken seriously. The 21-year-old man posted a picture of his daughter tied-up and gagged with what appears to be painter's tape. He provided a caption reading, "This is wut (sic) happens wen…

  • Gym staff members chase down man accused of stealing from lockers

    Martin, Kent & Reidy, L.L.C.
    11 Jan 2012 | 4:27 pm
    Chicago area police officers and courts do not take theft lightly. Depending on the value of what was stolen, a person could be facing prison time in addition to expensive fines. A man who was accused of stealing from a local health club is facing legal penalties after he was chased down and arrested in River North last Friday. According to police, the 33-year-old man allegedly stole close to $2,500 from six lockers in the men's room of East Bank Club. The man was apparently caught when a health club security guard noticed the man in the locker room but did not recognize him as a member of…

  • Chicago woman arrested for DUI, fleeing police

    Martin, Kent & Reidy, L.L.C.
    4 Jan 2012 | 4:09 pm
    When you see flashing lights in your rearview mirror and hear the approaching sound of a police siren, it is easy to become frightened -- especially if you had been drinking recently. Even if you feel sober, you might be afraid police will consider you too intoxicated to drive. For some people, an immediate reaction may be to flee. However, as can be seen in a recent drunk driving case, that can sometimes lead to even more legal penalties. Late last month, a Chicago woman was facing a similar scenario. She had been involved in an accident at Lehigh and Touhy, but fled the scene. When police…

  • A good Illinois criminal defense can involve knowing prosecutorial policy

    Martin, Kent & Reidy, L.L.C.
    30 Dec 2011 | 9:42 am
    Sexual assault cases tend to be aggressively pursued by prosecutors. However, a new report seems to tell a different story. It says prosecutors in Cook County, Illinois seldom file felony charges against students accused of sexual assault on college campuses.A major national newspaper has studied 16 Chicago-area colleges where police officials investigated 109 sex crimes that were reported since 2005. The paper's study indicates that 12 resulted in arrests and five in convictions. In a number of rape cases, it seemed that felony cases were reduced to misdemeanors. Advocates for claimants say…
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    Pittsburgh Criminal Attorneys Blog

  • Pennsylvania woman sentenced to jail for Internet crime

    The Law Offices of Gary E. Gerson
    25 Jan 2012 | 11:22 am
    Due to the accessibility features of the Internet and its reach across state lines, Internet crimes are considered federal computer crimes and may be punishable with a federal prison sentence. But, due to the nature of the Internet, prosecutors may have a difficult time obtaining a conviction, and a reduction of charges is often possible with a strong criminal defense. Recently, a 29-year-old Pennsylvania woman became aware of the seriousness of Internet crimes allegations. The young woman was sentenced to five years in a federal prison and to pay $1,500 in fines for allegedly committing…

  • Judge reinstates DUI charges for Pennsylvania lawmaker

    The Law Offices of Gary E. Gerson
    17 Jan 2012 | 4:13 pm
    Even after a Pennsylvania municipal judge ruled that the arresting officers' testimony was "impossible" for the court to accept, another judge has ruled to reinstate DUI charges against state Representative Cherelle Parker. The evidence against the legislator was thrown out in November when the first judge, Charles Hayden, decided the arresting officers' testimony was not credible. Hayden's ruling was appealed after it was discovered by the media that he and Parker were Facebook friends. The judge was asked to recuse himself on the grounds that he shouldn't have accepted the case since he was…

  • Plea agreement for Pennsylvania man accused of sexual assault

    The Law Offices of Gary E. Gerson
    12 Jan 2012 | 4:19 pm
    A Pennsylvania man who recently pled guilty to sexual assault attributed his behavior to stress and emotional problems that eventually led to a nervous breakdown. The 57-year-old was employed as a residential services aide at an assisted-living facility in Pennsylvania for 17 years. He was accused of sexually assaulting a mentally handicapped resident there. After pleading guilty to first-degree misdemeanor indecent assault, the 57-year-old will now be registered as a sex offender for 10 years in accordance with Megan's Law. He will also have to be evaluated by the Pennsylvania Sexual…

  • Possible DUI charges for school van driver in Pennsylvania

    The Law Offices of Gary E. Gerson
    4 Jan 2012 | 4:26 pm
    Facing a charge of driving under the influence in Pennsylvania can be challenging. Not only can a conviction on that charge cost a person his or her license, but it can also lead to loss of employment for certain individuals, along with fines and jail time. But being charged with DUI is not the same as being convicted. Allegedly failing a sobriety test, however, can certainly make the situation more complicated, as one Woodland Hills school van driver recently discovered.The driver was reported to police after visiting a pizza restaurant where witnesses say they detected the odor of alcohol…

  • Army depot worker facing drug, weapons charges in PA

    The Law Offices of Gary E. Gerson
    30 Dec 2011 | 12:42 pm
    Pennsylvania readers know that some drug charges are more serious than others. One of the most serious drug crimes to be accused of is illegally selling controlled substances on federal property. Just such a case is currently making its way through the legal system, as a Pennsylvania man faces federal drug charges for allegedly selling marijuana and cocaine at Tobyhanna Army Depot.The man was charged with both drug and weapons charges on Dec. 1. According to authorities, he confessed to selling drugs to other people who worked on the depot. Investigators claim the depot worker has been…
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    Profit and Laws

  • We love this place.

    Coco Soodek
    26 Jan 2012 | 11:26 am
    This is NASA’s newest picture of us. It’s called “Blue Marble 2012″ and it’s in high def.

  • War Story: Burger King vs. Burger King

    Coco Soodek
    25 Jan 2012 | 9:45 am
    In trademark, reach and federal registration matter. THE WAR Gene and Betty Hoots opened a restaurant called “Burger King” in Matoon, Illinois in 1957. Then, in 1959, Gene got a trademark registration – but just in Illinois. Meanwhile, Burger King (“Big BK”), a much bigger company, got federal registration and opened its first fast food store in Illinois, both in 1961. By 1967, Big BK had 50 stores in Illinois. That’s when Gene and Betty sued Big BK for trademark infringement. THE WINNER Big BK won, because its federal registration entitled them to nationwide protection except for…

  • Section 218 Agreement under Social Security Act

    Coco Soodek
    20 Jan 2012 | 1:13 pm
    It’s the third week of the year, and I’m clinging to my 2012 resolutions by my fingertips.  My resolution to post 3 times a week is in danger.  So, on a Thursday night, in a cab on my way home, I have grabbed this little post out of my personal set of wikis. You see, I write a little note on everything I learn as a lawyer.  I call these “wikis,” but they are usually just Word docs or Mindmaps that I write and keep in Dropbox.  Please understand my January 19th New Year’s resolution desperation. I’m actually posting my sad, rushed wiki on 218 Agreements.  Which almost…

  • HCG Marketers Face Hot Pursuit by FDA, FTC · FTC Beat

    Coco Soodek
    17 Jan 2012 | 9:00 am
    Want to know what I love most about the FTC?  The only people they dislike more than get-rich-quick charlatans are fake diet gurus. Here is an excellent post from a blog I really like about the FTC’s pursuit of some get-thin-quick barkers promising skinny jeans with human growth hormone.  http://ftcbeat.com/2012/01/08/hgc-marketers-face-hot-pursuit-by-fda-ftc/

  • 6 Ways to Deal with Loan Covenants

    Coco Soodek
    9 Jan 2012 | 9:30 am
    If you borrow money, you may expect that the terms of the loan, including the loan amount, payment terms, interest rate and all other terms, are listed in the cover letter. The rest of the documents may look like inaccessible lawyer filler that have no bearing on your conduct.  But, in fact, that is wrong. Most people simply don’t read the loan documents they are about to sign. Intro to Loan Covenants. Business bank contracts usually have these paragraphs called “loan covenants.” These are minimum standards and prohibitions for you and your business to meet.  Loan covenants are the…
 
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    Virginia Workplace Law - Karen Elliott, Managing Editor

  • Only English in the workplace?

    Faith Alejandro
    26 Jan 2012 | 12:35 pm
    Can an employer require its employees to speak only English in the workplace? Can you deem someone not qualified if he brings a translator to the interview? These are questions that are increasingly coming up in the average Virginia workplace as we become more multi-cultural. “English-only” refers to policies that restrict employee communication to English in the workplace. The Equal Employment Commission (“EEOC”) frowns upon the use of these policies given the great potential for discrimination against bilingual and non-English speaking employees. Policies requiring employees to…

  • Background Checks – Minefield For The Unwary

    Annemarie Cleary
    18 Jan 2012 | 1:04 pm
    Pepsi’s $3.13 million settlement with the EEOC over an overly broad background check policy should cause all employers who use such checks to re-evaluate their policies. While background checks can provide invaluable information to employers in the hiring process, if used improperly, they may be deemed tools of discrimination. As we discuss in our Talking Points Legal Tip video, businesses need to be aware that the Equal Employment Opportunity Commission continues to focus on employment screening policies, including criminal background checks, credit checks and social media checks, in an…

  • Cat’s Paw Decision Puts Fable in Employment Law

    Mike DeCamps
    2 Jan 2012 | 7:50 am
    Reflecting back over the last year, perhaps one of the most interesting employment cases involved “The Cat’s Paw” fable about the perils of allowing oneself to take action without regard to consequences due to the manipulative encouragement of another. The fable involves a conniving monkey who convinces a cat by flattery to extract roasting chestnuts from a fire. Of course, the cat’s paws are seriously burned and the monkey, through his deception, is able to make off scott free with the chestnuts. So what does any of this have to do with employment law? Well, about 20 years ago a…

  • Feds Hang Up On Commercial Drivers

    Karen Elliott
    20 Dec 2011 | 7:57 am
    In a continued effort to reduce accidents from distracted driving, the federal government has banned as of January 3, 2012, all commercial motor vehicle drivers from using hand-held mobile phones while driving. The new rule from the Department of Transportation prohibits commercial motor vehicle (CMV) drivers from holding, dialing, or reaching for a hand-held mobile phone while driving, except for emergency purposes. This rule applies to buses and trucks on interstate routes. Commercial motor vehicle (CMV) means a motor vehicle or combination of motor vehicles used in commerce to transport…

  • Supervisors Could Be Personally Liable for Leave Interference

    Phyllis Katz
    9 Dec 2011 | 8:37 am
    In a case decided in late August, Weth v O’Leary, a federal court in Virginia sent a wake-up call to all public employer supervisors when it held that the Treasurer of Arlington County could be held personally liable for interfering with the rights of an employee who was on Family and Medical Leave.  The case has ramifications for all supervisors and managers who have responsibilities for hiring, firing, or setting the conditions of employment for employees. Supervisors may be held personally responsible for paying damages. The case also sends another strong message to all supervisors and…
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    The Risk Manager from Sands Anderson

  • Feds Hang Up on Commercial Drivers

    Justin Ward
    10 Jan 2012 | 8:47 am
    Karen Elliot, a Sands Anderson attorney specializing in employment law, recently published the following article addressing new rules prohibiting commercial motor vehicle drivers from using hand-held mobile devices while driving.  We thought this article would be of particular interest to our Risk Manager readers: In a continued effort to reduce accidents from distracted driving, the federal government has banned as of January 3, 2012, all commercial motor vehicle drivers from using hand-held mobile phones while driving. The new rule from the Department of Transportation prohibits…

  • Successfully Defending a Lawsuit

    Justin Ward
    12 Dec 2011 | 11:44 am
    Successfully Defending a Lawsuit By Henry Spalding, Esq. Anyone who has been a defendant in a lawsuit will tell you that the process is expensive, time consuming and stressful. I have spent the past twenty years defending businesses and individuals in courts throughout Virginia and can attest to the emotional and financial toll which a lawsuit can have on the litigant. This article will focus on what steps a business in general and a builder in particular can take to make this process as painless as possible. There are some steps a builder can take to defend itself even before a lawsuit is…

  • Veterans Legal Services Month

    Erin McNeill
    8 Nov 2011 | 9:32 am
    I am so excited to see that the Lewis B. Puller Jr. Veterans Benefits Clinic started by my friend and colleague Stacey-Rae Simcox at William and Mary Law School has inspired others around the state to do more for Virginia’s veterans. In fact, this Veterans Day, the Virginia Bar Association is really working to get the word out and raise money and sign up pro bono volunteers to meet the needs of Veterans in Virginia. Please visit their website to learn more: www.vba.org/veterans. Sands Anderson is also supporting the effort this year by raising money to help the Helping Military Veterans…

  • Bar Issues Opinion That Indemnification As Condition of Settlement Is Unethical

    Justin Ward
    31 Oct 2011 | 12:48 pm
    The Virginia State Bar’s Standing Committee in Legal Ethics recently issued a legal ethics opinion declaring it unethical for plaintiff’s lawyers to agree to indemnify a defendant and/or his insurer for any third party lien claim against settlement proceeds received by the plaintiff. The Standing Committee has opined that it is likewise unethical for the defendant’s lawyer to demand such an indemnification agreement as a condition of settlement. Legal Ethics Opinion 1858 (LEO 1858), issued July 27, 2011, is of particular interest to all parties, especially with the introduction of the…

  • Litigation Funding: Justice or High-Stakes Gambling?

    Erin McNeill
    6 Oct 2011 | 3:14 pm
    Sands Anderson Risk Management Group Leader Terrence Graves wrote the following article for the DRI: Litigation Funding Equals Big Money. The article was inspired by this recent Wall Street Journal article “Funds Spring Up to Invest in High-Stakes Litigation.” (This article is available to subscribers, or those who sign up for a two week free trial. You may review the Wall Street Journal’s related blog article for free. ) This type of funding raises an interesting debate. As litigation becomes more expensive, this could be the only way some parties can afford to pursue a…
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    North Carolina Law Life

  • It’s W-9 and 1099 Season

    Donna Ray Berkelhammer
    23 Jan 2012 | 8:26 am
    If your business needs to issue a 1099 Form to a contractor or vendor, it is time to get a W-9 Form on file for each entity.  The W-9 gathers the information needed to document 1099 eligibility, the taxpayer ID number, and a current mailing address. The 1099 form must be submitted to the taxpayer by January 31st and to the IRS by February 28th. The W-9 form can be downloaded here: http://www.irs.gov/pub/irs-pdf/fw9.pdf Who gets a 1099 Form? Non-Employee Compensation or Independent Contractor. Businesses are required to file Form 1099-Misc for amounts of $600 or more paid for repairs,…

  • MLK Day Musing: Does Your Business Give Back?

    Donna Ray Berkelhammer
    16 Jan 2012 | 10:30 am
    Martin Luther King Day has become a day of service for many communities and individuals.  It made me think: what are businesses doing to give back? One strong Triangle trend is social entrepreneurship and its related focus on the triple bottom line.   I am inspired by entrepreneurs who base their business model on improving the wider community/environment. Image via Wikipedia In August 2010, our legislature became one of the first to enact the low-profit limited liability company (L3C), which is a hybrid business form combining profit-making with socially responsible missions.  It can be…

  • Global Cash Flow: Are You Ready to Borrow in 2012?

    Donna Ray Berkelhammer
    9 Jan 2012 | 10:15 am
    Some lenders are starting to aggressively seek corporate borrowers.  Will you be attractive to a potential lender? Image by jferzoco via Flickr In the past, lenders correlated borrowing ability with a company’s assets. If you had enough collateral, you could borrow what you needed.   Now, the emphasis is on the ability of the borrower, its owners and its guarantors to make the payments.  To determine this, lenders analyze “global cash flow.” As a borrower, you will need to show all cash coming into the borrowing company from all sources, and then do the same for all the principals of…

  • Who Owns a Twitter Account?

    Donna Ray Berkelhammer
    3 Jan 2012 | 11:09 am
    Could this happen to your Twitter account after you amicably leave your job: “The costs and resources invested by ON A WING AND A PRAYER PRODUCT GROUP into growing its followers, fans and general brand awareness through social media are substantial and are considered property of  the Company.  We intend to aggressively protect our customer lists and confidential information, intellectual property, trademark and brands. That’s why we are suing you for misappropriation of our customer list and other trade secrets (aka your Twitter followers). Please pay us $2.50 per follower per…

  • Your Customer Has NOT Complained to the Better Business Bureau

    Donna Ray Berkelhammer
    7 Dec 2011 | 2:39 pm
    We all are in the business of providing good customer service. We all want to address customer complaints head-on, make it right and diffuse the conflict and potential for bad-mouthing.  But, the recent emails from “alerts@bbb.org” is a scam that is stealing your personal information.The Better Business Bureau is not sending email alerts of customer complaints: Do not open these emails or click on any links.  This email technique is known as “phishing” and is designed to steal your personal information.  Sometimes when you click on a phishing link, it will…
 
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    Virginia Local Government Law

  • Was that approval by the planning commission legislative or administrative? Sinclair v. New Cingular Wireless PCS

    Andrew McRoberts
    27 Jan 2012 | 2:06 pm
    The Virginia Supreme Court’s opinion in Sinclair v. New Cingular Wireless PCS, Record No. 101831 (January 13, 2012) narrowly read the authority of planning commissions to make certain approvals delegated by zoning ordinance, spurred the dissent of two justices and surprised a lot of local government attorneys. The case arose out of development proposed on a steep slope in excess of 25% grade in Albemarle County.  The County zoning ordinance allows development on such slopes with a waiver from the planning commission, which is required to consider certain environmental impacts and the…

  • State Water Control Law and Virginia Waste Management Act, Two Statutory Schemes with $9 Million in the Balance: Campbell County v. Royal

    Andrew McRoberts
    16 Jan 2012 | 3:08 pm
    In the trial court, Campbell County lost, and lost big.  The judgment appealed to the Virginia Supreme Court included $ 9 million in damages, plus another $600,000 in attorneys’ fees and costs.  On appeal, the County won just as big.  Campbell County v. Royal, No. 101168 (January 13, 2012). On its face, the law applied by the trial court seemingly supported the judgment.  A county like Campbell is a “person” to whom the “Discharge of Oil into Waters” law (part of the State Water Control Law) applies.  See Virginia Code sections 62.1-44.34:14 through…

  • Virginia Supreme Court Opinions Affecting Local Government Law: January 13, 2012

    Andrew McRoberts
    13 Jan 2012 | 11:05 am
    Today, the Virginia Supreme Court issued a number of opinions affecting the practice of Virginia local government law.  These summaries are from the Virginia Supreme Court website.  Click on the case numbers beside the case names to read the opinions.    101168 Campbell County v. Royal 01/13/2012 In an action by landowners for damages resulting from contamination of groundwater, the trial court erred in granting summary judgment for the plaintiffs under the “Discharge of Oil Into Waters” Law, Code § 62-1.44.34:14 through § 62.1-44.34:23, because those statutes do not apply…

  • 2010-2011 Annual Survey of Local Government Law: University of Richmond Law Review

    Andrew McRoberts
    13 Jan 2012 | 10:20 am
    As promised (see VaLocalityLaw April 12, 2011 post, “University of Richmond Law Review, the Sequel”), Virginia local government law finally made it as a practice area into the University of Richmond Law Review Annual Survey of Virginia Law Edition, Vol. 46, No. 1 (November 2011).  Until the website changes, the “current issue” link shows a bit of the cover.  If you want a published copy of the annual survey, you can subscribe for $20 or get all four issues for the year for $35 at this link. I am proud of how well this article turned out.  Let me hear from you if you…

  • Gov. McDonnell: No Devolution Without Money to Pay for It

    Andrew McRoberts
    28 Dec 2011 | 10:18 am
    As an update to the December 13, 2011 blog post on VaLocalityLaw, “Devolution:  Will Virginia Pass its “Neglected,” “Crumbling” Highway System on to Local Governments?” Virginia Governor Bob McDonnell has stated his position. In an article appearing on a Washington Post blog post, “McDonnell does not support shifting transportation costs to localities,” Governor McDonnell stated that devolution of state highways to localities without money to pay for it is bad public policy.  He says the issue needs to be studied.  He only appears to favor…
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    Jeff Geiger Counters

  • Sanctioning Lawyers

    Jeff Geiger
    19 Jan 2012 | 10:21 am
    THE INFORMATION CONTAINED IN THIS POST DESCRIBES LEGAL MATTERS HANDLED IN THE PAST BY OUR ATTORNEYS. OF COURSE, THE RESULTS WE HAVE ACHIEVED DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH MATTER. BECAUSE EACH MATTER IS DIFFERENT, OUR PAST RESULTS CANNOT PREDICT OR GUARANTEE A SIMILAR RESULT IN THE FUTURE. My colleague, Mikhael Charnoff, obtained a sanctions award in state court against an attorney and his client for failing to bring meritorious claims.  On January 13, 2012, the Supreme Court of Virginia approved the $272,096 sanction against the client and his lawyer in a case ostensibly…

  • Thoughts on Germany

    Jeff Geiger
    18 Jan 2012 | 10:44 am
    Having graduated from high school at Patch American High School in Stuttgart, Germany, and obtaining a minor in German at William & Mary, I have a strong affinity with all things German (and it does not hurt that my last name is Geiger).  Understandably, there is a great degree of pressure to “internationalize” your business and expand trading options.  As such, learning the language of your trading partners is a valuable exercise to obtain cultural fluency.  In a world in which China is heralded for 10% growth rate for three straight decades and there is a greater…

  • Thoughts on PROTECT IP Act

    Jeff Geiger
    11 Nov 2011 | 1:14 pm
    As previously reported, I had the opportunity last night to moderate a discussion at the William & Mary School of Law on “P.R.O.T.E.C.T. IP Act: What Is It? Will It Pass? What Would Be Its Impact?”The seminar was sponsored by the Virginia Bar Association Intellectual Property and Information Technology Section along with a host of law school organizations. The proposed legislation would allow the attorney general and private parties to shut down websites that infringe on intellectual property rights.The legislation would allow purportedly aggrieved parties to go to court and obtain an…

  • More Fun With FaceBook

    Jeff Geiger
    11 Nov 2011 | 12:03 pm
    Here, are two recently reported stories highlighting the vagaries of FaceBook and other such social media outlets. First, enter Dana Thornton. Apparently, she was not fond of her ex-boyfriend and decided to create a FaceBook page for him. She is accused of creating a fake profile of her ex-boyfriend, a Parsippany, New Jersey narcotics detective, where she allegedly posted comments that, “I’m a sick piece of scum with a gun” and “I’m an undercover narcotics detective that gets high every day.” This is where it gets disturbing—she purportedly faces up to 18 months in prison for…

  • Can a Lawyer Blog?

    Jeff Geiger
    31 Oct 2011 | 10:02 am
    From the title of the blog, I should probably amend it to ask whether a lawyer “may” blog as opposed to “can” blog.  I jest because I find that application of the rules governing lawyer advertising seem designed for fifth graders and zombies with a pulse (obligatory Halloween reference). It would be remiss if I did not comment on the recent decision by the Virginia State Bar concerning lawyer blogging.  The bar complained that a lawyer’s blogging constituted an advertisement and, as such, should be subject to the rules governing such materials.  Specifically, the…
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    Virginia Business Lawyers

  • Cycling – Good for You, Good for the Economy

    Thomas L. Bowden, Sr
    24 Jan 2012 | 1:12 pm
    Image via Wikipedia And now, for something completely different: I ride my bike to work, whenever possible – preferably 5 days/week. I can take the short route which is only about a mile, or I can take a longer route, which is closer to 4 miles, and more scenic. Either way, if I drive, the car barely gets warmed up, so it’s hardly worth it. I used to commute 10 miles each way, but since I moved, I don’t have to do that, but I enjoyed that route too. Occasionally, people ask me why I do this and they usually assume I have some larger motivation. Mainly, though, I do it because I…

  • How to simplify and improve any contract

    Thomas L. Bowden, Sr
    18 Jan 2012 | 12:37 pm
    You get an agreement from a new vendor. You start to read it and your eyes glaze over. “In the event that….provided, however,…..including but not limited to…… For the avoidance of doubt……….” And on and on it goes. What gobbledygook. Of course this stuff is hard to read! So is quantum physics, but that’s because quantum physics is, in fact, hard, no matter how well you write it (even for quantum physicists). Contracts, however, should be easy to read – clear declarative sentences organized into paragraphs arranged in a logical order. Contracts are like computer programs.

  • Do It Yourself Contracts – Who’s in Charge?

    Thomas L. Bowden, Sr
    10 Jan 2012 | 10:28 am
    Image by NobMouse via Flickr In previous posts we’ve dealt with “boilerplate” clauses such as waiver, jurisdiction and venue, and integration. Today we will talk about two related clauses: the “assignment” clause and the “binding effect” clause. Both of these clauses relate to the question of who may enforce a contract at a later date. Let’s start with binding effect. The binding effect clause typically reads something like this: Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the heirs, personal…

  • Do It Yourself Contracts – What’s a Waiver?

    Thomas L. Bowden, Sr
    30 Nov 2011 | 2:29 pm
    We’ve been talking the past few posts about boilerplate language in contracts. This standardized language that falls towards the end of almost all contract documents might seem to be excessive and pointless, especially when you’re trying to do the writing yourself. Don’t be so fast to discard it, or to assume that only lawyers care about the “fine print.” Let’s look at another term. Frequently, contracts will have a clause called a “no waiver” clause. This language says that just because a party waives its rights in one situation, does not imply or require them to…

  • Equity Concepts and Client Service

    Thomas L. Bowden, Sr
    28 Oct 2011 | 2:02 pm
    One of our good business clients, Equity Concepts, based in Henrico, VA, is  celebrating their 20th anniversary. Sands Anderson’s Tom Ebel, recently spent some time talking with Michael Thaler, president of Equity Concepts, about their success and our relationship. We greatly appreciate the trust and confidence Equity Concepts has placed in our Virginia business attorneys. What improvements are you making in your business client service? How are you providing added value to your profesisonal relationships?
 
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    The Complex Litigator Home

  • I was right: Bridgeford v. Pacific Health stabs Alvarez v. May Dept. Stores Co. in the heart, stuffs garlic in its mouth

    The Complex Litigator
    26 Jan 2012 | 7:01 pm
    I hate Alvarez v. May Dept. Stores Co., 143 Cal. App. 4th 1223 (2006).  My supplemental briefing in that case was uncannily prescient of parts of Taylor v. Sturgell, 128 S.Ct. 2161 (2008).  But did the Court of Appeal rule in my favor.  Nooooo.  Did the U.S. Supreme Court take my case to correct that gross misinterpretation of collateral estoppel rules in uncertified class actions?  Nooooo.  But along comes Bridgeford v. Pacific Health (January 18, 2012), in which the Court of Appeal (Second Appellate District, Division Three) did what I so wanted to do.

  • Spiro Moss is helping to rebuild America, one or two jobs at a time

    The Complex Litigator
    25 Jan 2012 | 12:35 pm
    Spiro Moss LLP is currently looking to hire one experienced attorney and one paralegal.  Read more about these opportunities here.

  • Alvarez v. Brookstone Company, Inc. holds that Pineda v. Williams-Sonoma Stores, Inc. applies retrospectively

    The Complex Litigator
    18 Jan 2012 | 6:27 pm
    Pineda v. Williams-Sonoma Stores, Inc., 51 Cal. 4th 524 (2011) (Pineda) held that the collection of ZIP codes as part of a credit card transaction is conduct that violates Civil Code section 1747.08.  In Alvarez v. Brookstone Company, Inc. (pub. ord. January 18, 2012), the Court of Appeal (Fourth Appellate District, Division One) considered whether Pineda applied retrospectively to conduct occurring prior to that decision.  The Court had little difficulty concluding that the holding of Pineda applied retrospectively: Pineda expressly concluded: "[T]he only reasonable interpretation…

  • Dear Congress: Get your grubby paws off the internet - I'm looking at you, SOPA and PIPA

    The Complex Litigator
    18 Jan 2012 | 6:17 pm
    In case my opinion isn't entirely clear, SOPA (Stop Online Piracy Act) and PIPA (Protect IP Act) are junk.  The laws display a catastrophic ignorance about how the Internet actually works, are so poorly written as to invite abuse, will most certainly be abused (based on how the MPAA and RIAA have conducted themselves in the past), and will move the United States uncomfortably down the road towards a fragmented, censored Internet. If you aren't all that technical and want an idea of what's wrong with these laws, reddit has a good post on the topic.

  • Court revives claims of failure to disclose and active concealment of defects from computer purchasers

    The Complex Litigator
    12 Jan 2012 | 2:36 pm
    Reporting on this case pains me greatly.  I should be pleased to report on a CLRA and UCL decision that revives consumer claims.  But all I feel is pain.  Let me explain by quoting from the case.  The very first sentence says, "In this class action alleging a failure to disclose a computer defect involving a microchip that controlled floppy disk data transmission, plaintiffs Tammy Collins and Rudolph Roma appeal from a judgment on the pleadings."  Huh?  Floppy disk data transmission.  Rings a bell.  Nope, can't place it.  Must be some highfalutin,…
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    Law Firm Newswire » Legal News

  • Make It a Priority to Discuss Life Wishes and Finances with a Dallas Estate Planning Attorney to Protect Heirs

    ksteffen
    27 Jan 2012 | 5:37 am
    Dallas, TX (Law Firm Newswire) January 27, 2012 - In the New Year, it is essential to get finances and life wishes in order. Without an estate plan, courts will make the final decision on a person’s wishes and assets. “Many people think that estate plans are only for the elderly or wealthy,” said Dallas estate planning lawyer John Hale, of The Hale Law Firm. “It is never too early to plan and people of all incomes should take the time to create a will and estate plan. Otherwise your children and heirs could be left battling with the court system, and your assets could be heavily…

  • Stop Texting While Driving to Save Lives is Focus of New National Campaign

    ksteffen
    27 Jan 2012 | 5:27 am
    New Haven, CT (Law Firm Newswire) January 27, 2012 - A new texting while driving campaign shows how five seconds of distraction can cause a serious accident. The campaign is by the Ad Council in partnership with the National Highway Traffic Safety Administration and is called "Stop the Texts. Stop the Wrecks.” Specifically, it targets teens who are enticed to stay connected while driving. “Taking your eyes off the road to check an email, text, or make a phone can be all it takes to run into someone and risk your life,” said Connecticut personal injury attorney Michael A. Stratton, of…

  • Ft. Lauderdale Custody Case Shows Local Courts Must Approve Interstate Court Orders

    ksteffen
    27 Jan 2012 | 5:20 am
    Brandon, FL (Law Firm Newswire) January 27, 2012 - A Florida man is planning to sue the City of Ft. Lauderdale over a child custody order from California that sent his daughter to the West Coast and back against his will and against the local police’s authority. The police took the man’s child in September and the child’s mother took the girl to California. The man got courts on both coasts to agree that local police needed a Florida judge’s approval before taking the child. “It’s important to know your rights as a parent in child custody cases,” said Brandon family law attorney…

  • Texas Nears Top of List for Small Business Climate

    ksteffen
    26 Jan 2012 | 5:42 am
    Dallas, TX (Law Firm Newswire) January 26, 2012 – Texas is one of the best states in the country for entrepreneurs because of its low taxes and bold policymaking that encourages small businesses to grow. The Small Business & Entrepreneurship Council recently released a ranking of the states according to climate for entrepreneurship and small business, and Texas is third in the country this year behind only South Dakota and Nevada. The SBE Council reported that Texas ranked high because the state has no personal income tax, death tax, individual capital gains or corporate capital gains…

  • Patient Bled to Death While Doctor Operated Reports Cleveland Medical Malpractice Lawyer

    ksteffen
    26 Jan 2012 | 5:34 am
    Cleveland, OH (Law Firm Newswire) January 26, 2012 - Patients expect doctors to know what they are doing. That did not happen in this case. “I have seen and heard a lot of things over the number of years that I have been practicing law,” remarked Christopher Mellino. Mellino is a Cleveland medical malpractice lawyer and wrongful death lawyer of The Mellino Law Firm LLC in Ohio. “But this case is just astoundingly awful.” It happened in Ohio, in Frederick County. A local resident went in for heart surgery, expecting to be just fine when it was over and done. But he never came home. The…
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    I.P. Blawg

  • Battle Brewing Between Digital Music News and Grooveshark

    22 Jan 2012 | 4:09 pm
    Battle Brewing Between Digital Music News and Grooveshark: Digital Music News (DMN), a popular website for the music industry, was recently served with a subpoena in relation to an ongoing lawsuit against Grooveshark dealing with copyright infringement (they also face a claim of failure to pay royalties). You can read more about the Grooveshark lawsuit via the New York Times HERE. DMN’s response is the linked article at the top of the page, in which they refuse to comply with the subpoena.  This all stems from an anonymous comment that accused Grooveshark employees of uploading music…
 
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    THE NUTMEG LAWYER

  • Connecticut Judicial Branch Now Using Twitter @ctstatecourts

    19 Jan 2012 | 9:29 pm
    The Connecticut Judical Branch has announced that it has created a twitter account.  So can we expect to see judges tweeting about their favorite Justin Beiber song or maybe tweets like "OMG  Did you see what attorney Smith wore to court today? LOL"  Not quite.  The following is a press release from the Judicial Branch.We look forward to the service.  FOR IMMEDIATE RELEASE: The Connecticut Judicial Branch is now using Twitter to broaden public access to information about the courts.  “Twitter is yet another way to get word out quickly about delays or…

  • CT Superior Court Judge Robert Satter Dies at Age 92

    16 Jan 2012 | 12:47 pm
    Sadly, we must report the passing of one of Connecticut's most well known judges.  The Governor's office reports that Judge Robert Satter has passed away at age 92.  A well liked Superior Court judge, Satter wrote several books including Doing Justice, A Trial Judge at Work where Satter gave reader's an inside look at what it was like to sit on the bench.  He was also the author of Under the Gold Dome: An Insider’s Look at the Connecticut Legislature.  Our condolences to the Satter family.   The following is from the office of Gov. Dannel P. Malloy:“Today,…

  • Some Things Are Better Left Unsaid

    5 Jan 2012 | 9:01 am
    If you ever watched a Mountain Dew commercial, you often see thrill seeking teens "doing the Dew."  The commercials usually involve thrill seekers bungee jumping,  skateboarding or skydiving on a snowboard into an avalanche while holding the green bottle full of liquid youth.  Fifty two year old Ronald Ball wanted to "do the Dew."  After purchasing a bottle from a vending machine, he alleges he got more than he expected. Mr. Ball is suing Pepsi because he claims his Mountain Dew had a dead mouse inside.  Along with a swig…

  • Arrivederci You Old Biddy!

    30 Dec 2011 | 10:40 am
    One of my first cases as a newly minted attorney was a divorce between an 85 year old man and his 80 year old wife.  The couple owned several investment properties that supplemented their income.  The husband was upset that his wife gave him an allowance of a few hundred dollars while she spent the bulk of their earnings on fancy bedazzled cat sweaters, hard candy and Lawrence Welk records.  (I assume that is what she spent her money on).   Both divorcing parties were hard of hearing which led to a comical scene of both attorneys and judge basically shouting during the…

  • What Should I Buy the Lawyer in My Life?

    19 Dec 2011 | 1:40 pm
    If you practice law, there is a good chance that your Christmas presents are regulated to an assortment of neckties, John Grisham novels, and other attorney related products that include various pieces of engraved crap that are destined to gather dust.  Hopefully these last minute gift ideas might steer gift givers (hint hint, nudge nudge, say no more) in the right direction.  A Tablet Computer The more I use my tablet computer in my daily practice, the more I can't do without it.  I happen to own the Samsung Galaxy tablet. It…
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    My Distribution Law

  • Is the iPad a Personal Computer?

    Howard Ullman
    18 Jan 2012 | 12:34 pm
    Horace Dediu has an in-depth look at the PC industry entitled “The rise and fall of personal computing.” You can read the whole thing here.  Here are some of his conclusions: “If iOS and Android are added as potential substitutions for personal computing, the share of PCs suddenly collapses to less than 50%. It also suggests much more collapse to come. I will concede that this last view is extremist. It does not reflect a competition that exists in real life. However, I put this data together to show a historic pattern. Sometimes extremism is a better point of view than…

  • Happy New Year

    Howard Ullman
    1 Jan 2012 | 10:14 pm
    More posts coming in the near future.

  • Refusal to Deal Is Not a Robinson-Patman Act Violation

    Howard Ullman
    13 Dec 2011 | 5:47 pm
    In Fresh N’ Pure Distributors, Inc. v. Foremost Farms USA (E.D. Wis. No. 2:11-cv-00470-AEG) (Nov. 28, 2011), a distributor’s supplier was purchased by a competitor of the distributor. Later, the new owner refused to sell its products to the distributor. The distributor sued. The district court dismissed the distributor’s Robinson-Patman Act claim. A refusal to deal, the court held, “generally does not violate the Robison-Patman Act because one who unsuccessfully seeks to purchase a commodity cannot be a ‘purchaser’ within the meaning of the Act.”…

  • DOJ Reviews 2011 Activity

    Howard Ullman
    26 Nov 2011 | 4:21 pm
    In a November 17 speech, Acting Assistant Attorney General Sharis A. Pozen provided an overview of DOJ’s 2011 antitrust activity. In Fiscal Year 2011, DOJ and FTC received 1,450 Hart-Scott-Rodino merger filings, up from 1,166 in 2010. (Perhaps this is good news for the economy.) DOJ filed 90 criminal cases, the highest number in the last 20 years. It agreed to over $250 million in fines, charged 27 companies, and 82 individuals. Courts imposed jail terms on 21 individuals. DOJ was fairly active in civil non-merger enforcement work, including its ongoing American Express litigation, the…

  • Can Competitors Agree to Share Profits?

    Howard Ullman
    13 Oct 2011 | 5:56 pm
    I just wrote an article about this issue, and the Ninth Circuit’s recent decision in the Safeway case, for the American Bar Association’s Antitrust Counselor newsletter. You can view the whole article here.
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    Attorney at Work

  • This Just Out: New Legal Technology Products

    The Editors
    27 Jan 2012 | 8:26 am
    Yes, it’s that wonderful time of year, when legal technology fans await the drumroll of new products and updates, and legal technology companies primp and prepare to show off their best new stuff. Legal Tech New York opens next week and ABA TECHSHOW lands in Chicago this March. Whether in the exhibit hall or blawgosphere, you’ll see plenty of new releases these next few weeks. In anticipation, this week’s Friday Five serves up a bunch of product announcements designed to help you work smarter, faster, better … in the cloud, from your smartphone or tablet, and even…

  • Did You Say ‘Yoots’?

    William Melater
    26 Jan 2012 | 7:31 am
    I arrived early for the deposition but somehow, in his mind, I was late. I was also young. This angered him. I went to shake his hand, but his arm never moved. Rather, he looked me up and down and sarcastically said, “Great, looks like we’re gonna be here forever.” In the next two hours I learned more about psychology and conflict resolution–the hard way–than the facts of the case. Every pause was greeted with annoyed exhales. Every question was followed by an objection. Every exhibit was contested. Threats to end the deposition were constant. Insults to my intelligence, not…

  • The Enterprising Lawyer: Mark Tamminga

    The Editors
    25 Jan 2012 | 9:15 am
    Who are these “enterprising lawyers”? Actually, they are easy to spot. Look for the more engaged and happier lawyers in the crowd. Deeply invested in the power of the work they do for their clients, they have ample interests beyond the practice of law as well. And they seem to have more energy for getting things done than anyone in the crowd. You probably know one or two—you may even be one yourself! Meet Mark Tamminga—a large firm partner and practice systems expert who is, quite literally, a law firm innovation leader. That’s him in the photo below, number 68. Just another mellow…

  • Is It the Winter Blues or Something More?

    Marcia Pennington Shannon
    24 Jan 2012 | 5:16 am
    I don’t know about you, but this time of year makes me want to stay under the covers and act like a hibernating bear. Yes, the cold gray days bring on the winter blues. It takes energy and real motivation to get myself out of the cave, but once I do, I’m back to being a contributing member of the human race and getting satisfaction and enjoyment from my activities. But that’s not true for all of us. For some, getting out of the cave can feel like an impossible labor. Blues vs. Depression: Be Alert for the Signs Studies find that lawyers suffer depression significantly more often than…

  • How to Remember Names (Really)

    Mary Ellen Sullivan
    23 Jan 2012 | 5:00 am
    You’ve just been introduced, and halfway through the conversation you realize that, once again, you have no recall of this person’s name. While forgetting names is not the worst thing you can do socially, remembering names is one of the best. It eases social situations, sets you apart from the other bumbling schlubs, lets your companion know that they had a positive impact on you, and, face it, is just plain old good manners. But let’s get real. Unless you have one of those photographic memories featured on so many TV crime shows, you’re going to have to work at it a little. Etiquette…
 
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    Georgia Workers' Compensation Lawyer Blog

  • Does Georgia need workers' compensation reform?

    Atlanta workers' compensation lawyer Michael Moebes
    26 Jan 2012 | 1:39 am
    Here in Georgia, there is active discussion about reforming workers' compensation laws very soon. I'm not so sure that this would be the best course of action for us as a state, in light of the recent fallout as the result of heavy-handed, poorly-managed reforms undertaken in Illinois.Recently, feeling unduly burdened by the way that the Illinois workers' compensation system was set up, employers began to clamor for reform. Their system was broken, they said, and the Illinois Chamber of Commerce were of the minds that payments to doctors and other medical providers were egregious; benefits…

  • Georgia woman wins workers' compensation benefits on appeal

    Atlanta workers' compensation lawyer Michael Moebes
    20 Jan 2012 | 7:35 am
    In a grim turn of events, a Georgia woman lost a foot as the result of a 2010 work-related accident. Initially, the administrative law judge (ALJ) over her case granted workers' compensation benefits. Upon review, the State Board of Workers' Compensation reversed the ALJ's decision and took away the previously-granted benefits. Vanessa Stokes, a former head custodian at an elementary school, then appealed to the Superior Court of Coweta County; they upheld the board's reversal. However, Stokes applied for and was granted a discretionary appeal with the Georgia Court of Appeals. She sought…

  • Can my social media use somehow become part of my workers' compensation case?

    Atlanta workers' compensation lawyer Michael Moebes
    17 Jan 2012 | 7:30 am
    Where worker's compensation cases are concerned, insurance company attorneys will look for information about a Plaintiff wherever they can. Well, it appears that --for the most part-- enthusiastic users of social media sites and applications can rest easy for now; some recent legal decisions indicate that judges aren't in any hurry to give blanket access to Plaintiff status updates, personal photos, and related content (though at least one judge in Georgia ruled otherwise in 2010). A Supreme Court judge in New York reminded defense attorneys that just because they ask for something, doesn't…

  • If I'm injured while on a boat, does workers' compensation law apply to me?

    Atlanta workers' compensation lawyer Michael Moebes
    11 Jan 2012 | 8:34 pm
    To kick off the New Year, Dannie Joe Eiland filed suit in Hawaii District Court (Eiland v. Smith Maritime LLC et al) against his employers. Eiland, a married father of four with another child on the way, was injured while at work on motor tug M/V Niolo. His injuries resulted in medical expenses, time out of work, and a possible permanent disability that could end his career as a seaman. In early September 2011, Eiland was at work when he found oil on the Niolo's deck. He was in the process of cleaning it up in order to prevent the oil from leaking overboard and causing a Coast Guard 'oil…

  • If dogs become people (rather than property) under the law, will they eventually get workers' comp benefits?

    Atlanta workers' compensation lawyer Michael Moebes
    9 Jan 2012 | 12:28 am
    Some people refer to their pets as their 'fur babies' and regard them as their children. One woman in Manhattan wants the state of New York to legally recognize this bond by declaring her pup's 'humanity' and officially recognizing that the dog is "considered a living soul that feels pain" and that the "pain and suffering is recognized by" the state. Were this to happen, Elena Zakharova could then seek greater damages than the law currently allows for her dog, Umka. Current laws only compensate owners for the value of their dogs, which in Zakharova's case would likely be her initial…
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    Justia Law, Technology & Legal Marketing Blog

  • Writer’s Weekly Picks

    Courtney Minick
    27 Jan 2012 | 2:49 pm
    Our Daily Opinion Summaries writers chose these cases to highlight this week. From the U.S. Court of Appeals for the 5th Circuit, we have In Re FEMA Trailers Formaldehyde Products Liability Litigation (1/23/12). This case is about the “toxic trailers” issued by FEMA in the wake of Hurricanes Katrina and Rita. Plaintiffs sued under the Federal Tort Claims Act for injuries related to their exposure to formaldehyde in the trailers, but the Court held that the voluntary, cost-free provision of the trailers to disaster victims was immunized conduct under the FTCA, and affirmed the district…

  • Retired Players Battle the NFL on Eve of Super Bowl

    Ken Chan
    26 Jan 2012 | 5:21 pm
    Some football players consider concussions to be part of the game, much like sprains, strains, and other common football injuries. When the San Francisco 49ers benefitted from a collision that sent New Orleans Saints running back Pierre Thomas out with a concussion, its players characterized the hit as an effective way to send a message. However, when an opposing team reportedly targeted a 49er wide receiver with a history of concussions, the perspective of the local media changed. While some players are willing to hide their concussions, such decisions bear long-term consequences, as seen in…

  • Writer’s Weekly Picks

    Courtney Minick
    20 Jan 2012 | 1:29 pm
    Here’s a round-up of interesting cases from this week, as reported by our Daily Opinion Summary writers. From the US Court of Appeals for the 10th Circuit, Ochoa v. Workman, which looked at the Atkins standard of mental retardation in a capital case. In that case, the petitioner argued that the trial court erred in applying the Atkins test to his mental condition at the time of trial instead of at the time of the crime. The Court denied his petition. From the Supreme Court of Rhode Island, we have Higgins v. R.I. Hosp. This case offered an interesting application of the firefighter’s…

  • Dr. Martin Luther King, Jr. Plaque at the Lincoln Memorial

    Ken Chan
    16 Jan 2012 | 6:55 pm
    A few years ago, I was visiting Washington, D.C. and stopping by the usual tourist attractions, when I came across this plaque dedicated to Dr. Martin Luther King, Jr. Located on the steps of the Lincoln Memorial, this plaque commemorates the I Have a Dream speech delivered by Dr. King during the March on Washington for Jobs and Freedom. This plaque is a fairly recent addition to the National Mall. Public Law 106-365 which provides for the placement of the plaque at the Lincoln Memorial was passed by Congress in 2000 and signed into law by President Clinton on October 27, 2000. Public Law…

  • Writer’s Weekly Picks

    Courtney Minick
    13 Jan 2012 | 12:16 pm
    As you may know, Justia provides free daily opinion summaries for all state supreme courts and the federal courts of appeal. We’ve asked our talented attorney writers to send us the most interesting, funny, or important cases they come across each week, and we’ll run them as a column here on the blog. Awad v. Ziriax, et. al., US Ct. App. 10th Cir. This case made the news this week, when the 10th Circuit upheld an injunction against a controversial ballot initiative in Oklahoma that would amend the state constitution to prevent courts from considering or using Sharia law. Plaintiff…
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    Jim Hammond's Blog

  • Survey – Wide Disparity in Billing Efficiency Causes Cash Flow Issues

    Jim Hammond
    22 Jan 2012 | 1:58 pm
    In my last post I revealed the details on a study I conducted to see how successfully firms were able to get attorneys to get their time in from the prior month. The results were not bad, 74% reported they had attorney time posted no later than the 2nd business day of the month. Now we’ll really separate the firms with a new survey that reveals how quickly firms can get edited pre-bills back from attorneys and bills out to clients. Question #1: From the time you give attorneys pre-bills hope long before they are due back in business days?  33%    1 – 3 Business days 33%    4 – 7…

  • Survey – Getting Time Posted to Improve Law Firm Cash Flow

    Jim Hammond
    15 Jan 2012 | 8:20 am
    Law firms are like a cash registers, there is no revenue until you put the actual cash in the drawer. The challenge is finding best practices that promote maximize cash flow. This is short survey from responses to a law firm group list serve determining how quickly law firms can close a month. The month-end closing process is a key step for most firms in the cash flow process. Here are the key steps to cash flow: Get all time and cost posted Balance the system Close the month Print and distribute the pre-bills Enter the pre-bill edits Print and send final bills Collect the cash So how fast…

  • Stop the Attorney Time Entry Conundrum

    Jim Hammond
    8 Jan 2012 | 8:58 am
    There are multiple problems with getting attorneys to track and enter time on a daily basis. Let’s try and clearly identify the problem and see if we have some solutions.   It’s not natural. We can demand and threaten all we want, but quite frankly, detailed time entry is not natural for a professional. How would all of us non-attorneys like to track every tiny task we do all day long, and enter it into a computer down to the tenth of an hour (.10)? You have to be kidding right? Let’s see a show of hands, just as I thought, no hands are in the air. It’s a form of micro-management. I…

  • 5 Steps to Improve Your Firm in 2012

    Jim Hammond
    2 Jan 2012 | 7:49 am
    It’s time for your firm to make your 2012 News Year Resolutions; these might help you decide on some that will be sure to please the partners. Improve Cash Flow. I’ve written several articles in the past regarding improvements in cash flow, mostly around the collections process, here is one. Improving cash flow starts with the engagement process. All new clients and even some new matters require a standard firm engagement letter that is executed BEFORE starting work for the client. Payment terms must be clearly identified along with retainer requirements. Is the “retainer” classified…

  • The New Way to Buy Tires

    Jim Hammond
    28 Dec 2011 | 10:02 am
    The world of how we buy things continues to change, even in ways we’d never imagine. Last year about this time I wrote on the new way to buy a large screen TV on-line from Amazon and even get price protection during Black Friday, see the story here.  In this posting I’ll tell you about the new way to buy tires for your car.  Here’s my story.  My granddaughter needed new tires for her 2006 Cobalt and of course she had no money, just call grandpa right. I just hate buying anything at retail, unless I get a really big discount. I’ve bought tires for my Corvette on line many times and…
 
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    BullsEye Blog

  • 10 Predictions for Litigation in 2012

    Robert Ambrogi
    24 Jan 2012 | 11:54 am
    For litigation professionals, 2012 is already shaping up to be a year of “more” – more lawsuits, more regulatory investigations, more discovery disputes and more demand for experts in a range of specializations. The one area where “less” will predominate will be in spending, as corporate clients continue efforts to rein in legal spending. We have no crystal ball, but [more]

  • “Junk Science” Costs Patent Plaintiff $4.7M

    Robert Ambrogi
    16 Jan 2012 | 10:15 am
    Using “junk science” in litigation can cost you. A medical device company learned that lesson the hard way earlier this month, when the Federal Circuit Court of Appeals affirmed a $4.7 million award of attorney and expert witness fees against the company for filing a baseless patent infringement lawsuit and for relying on expert testimony that failed to meet the [more]

  • Presentation Skills are Golden

    IMS ExpertServices
    10 Jan 2012 | 9:00 am
    More than 95% of civil cases in the United States federal court system settle before they ever reach a court room. In the early phases of a case, when the strength (or weakness) of your settlement position can change daily, you want the most credentialed expert to write the most detailed expert report to strengthen your position.  But if your [more]

  • Three Things to Know About Rule 26

    IMS ExpertServices
    3 Jan 2012 | 9:00 am
    In the world of expert witnesses, staying up to date on Rule 26 is vital.  Not following requirements for disclosure and expert reports can break your case. 1. Not Following Directions Can Get You Banned Earlier this year in Walter International Products Inc. v. Salinas, six expert witnesses were barred from testifying because they did not submit a report according [more]

  • Happy Holidays

    IMS ExpertServices
    28 Dec 2011 | 9:00 am
    IMS ExpertServices would like to wish all our readers a sweet and prosperous 2012!
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    Hunt & Associates, PC's Blog

  • Newsworthy

    Hunt & Associates, PC
    20 Jan 2012 | 1:12 pm
    Our attorneys are in the news again! Lawrence B. Hunt and Kevin J. Tillson are mentioned in an article entitled “Four Women Say Bosses Got Out of Line“. And Kevin J. Tillson is mentioned in an article entitled “A Real Failure to Communicate“. Check them out!  

  • Does the Internet Highway Lead to Court in a Distant State?

    Hunt & Associates, PC
    18 Jan 2012 | 6:15 pm
    As businesses increasingly market and sell goods and services through the internet, they should consider the risk that their website activities may subject them to litigation in other states.  Individuals who buy and sell through such internet sites as eBay may also face a possible risk of litigation in a foreign court.  Litigation of any [...]

  • Seattle Gets a Spanking When it Plays with Guns

    Hunt & Associates, PC
    11 Jan 2012 | 6:02 pm
    Like most children, cities and other local government bodies often forget that they lack innate authority to enact laws; that the only authority they have to enact laws and levy taxes is the authority which their superiors, the state constitution or legislature, grant to them. Also like children, cities and local government bodies often try [...]

  • No Shark Fin Soup for You: Recent Changes to Oregon Laws

    Hunt & Associates, PC
    30 Dec 2011 | 4:56 pm
    Possessors of shark fins, you now have one day (if you read this on December 30, 2011, to sell, trade or distribute any shark fins that you have in your possession.  After December 31, 2011 you will no longer be able to sell, trade or distribute shark fins in Oregon without a license.  California has [...]

  • Personal Representative, Executor, Administrator

    Hunt & Associates, PC
    12 Dec 2011 | 1:17 pm
    The words “personal representative”, “executor” and “administrator” all refer to the same individual: the person or company responsible for administering your estate when you pass away.  In Oregon, we refer to this individual as the “personal representative”.  Naming a personal representative in a will can oftentimes be a difficult decision because the client does not [...]
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    Florida Foreclosure Defense Lawyers Blog

  • Jacksonville and Florida Homeowners may have more Protection Under Recent Ruling

    27 Jan 2012 | 8:44 am
    It is no secret that foreclosure companies were using a wide array of fraudulent tactics at the height of the foreclosure crises. Practices like backdating documents and robo-signing were wide-spread, despite being illegal. Nevertheless, many foreclosures were approved even though the mortgage company had faulty documents. This was largely due to the fact that, often times, the mortgage company did not have any other document to show the court, so they resorted to shady tactics. Those tactics are becoming more difficult to use. A recent decision held that a bank or mortgage company must show…

  • Should I be Careful when Hiring Someone to Assist me with my Foreclosure?

    26 Jan 2012 | 7:15 am
    Remember, there are almost always several options available to you to help defend against a foreclosure. One of the best options is to contact a Jacksonville Foreclosure Attorney who can help you through the process. However, you must be cautious. There are people out there who are trying to exploit the current economy, swindling people out of their hard-earned money. In Southern California, for example, a man recently plead guilty to bankruptcy fraud and identity theft after years of "helping" people stall a foreclosure. The man, Frederic Gladle, operated a foreclosure company and told…

  • 8-Year-Old Typo Results in Foreclosure Suit

    25 Jan 2012 | 7:15 am
    Eight years ago, the Borchers paid their mortgage in full when they sold their house. They hired a title company to take care of the title transaction and moved on with their lives. Now, however, a completely different lender is suing them - along with everyone who has owned the house in the last eight years -- because of a typo on that old sale. The typo describes the home as "Bloomingdale Section H" instead of "Bloomingdale Section R," a description for a house down the road. There have been three sales since the Borchers sold the home, and nobody caught the mistake until now. Because of…

  • I just Received a Foreclosure Notice from a Florida Court. What do I do?

    24 Jan 2012 | 7:15 am
    Calling a Jacksonville Foreclosure Attorney to guide you through the steps is a good first start. But, there are a few other things you should know. You do not need to immediately move out of your house. Actually, doing so may cause the bank or mortgage company to consider your home "abandoned," making it more difficult for you to obtain assistance. Instead, you can remain in your home until the bank obtains a foreclosure judgment against you. You should pay attention to the letters the mortgage company sends you. You should not ignore these, and they will likely be useful when you contact a…

  • What Options are Available if I am Facing Foreclosure in Jacksonville?

    23 Jan 2012 | 7:21 am
    If you live in Jacksonville and are under water on your mortgage -- i.e., your home is worth less than you owe on your mortgage -- you may be considering the option of stopping payments and allowing the bank to foreclose on your home (often called a strategic default). But not everyone wants a foreclosure; homes are a lifelong investment and often are attached to great memories and heavy sentiment. If you are behind on your payments, you have several options, all of which a qualified Jacksonville Foreclosure Attorney may be able to help you determine your options. Your options may include…
 
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    Wisconsin Accidents and Injuries

  • Carbon Monoxide Poisoning at Hotels

    rozeklawoffice
    14 Jan 2012 | 10:17 am
    Green Bay Hilton Garden Inn As news surfaced of yet another carbon monoxide poisoning at a Green Bay hotel, it shed light on the reluctance of the hotel industry to address a major safety concern. On December 30, 2011, as many as 16 people were hospitalized after being exposed to dangerous levels of carbon monoxide while staying at the Green Bay Hilton Garden, 1015 Lombardi Ave., Green Bay, Wisconsin. The Green Bay Fire Department recently released their records that indicate four small children and several other people were suffering from common symptoms of carbon monoxide exposure,…

  • Long Term Consequences of TBI

    rozeklawoffice
    11 Dec 2011 | 10:33 am
    Traumatic Brain Injuries can lead to many long term health problems. Early cognitive decline is a leading long term consequence of TBI, which can ultimately lead to Chronic Traumatic Encephalopathy, Alzheimer’s Disease, Parkinson’s Disease, and early onset Dementia. Autopsy studies of professional athletes have been able to confirm that multiple concussions or brain injuries can result in a condition called Chronic Traumatic Encephalopathy. Chronic Traumatic Encephalopathy is a progressive disease that results in a gradual decline in cognitive function. Victims of Chronic…

  • Imaging Advancements for TBI Survivors – SWI

    rozeklawoffice
    25 Oct 2011 | 12:24 pm
    New types of brain imaging techniques may be able to help traumatic brain injury survivors in identifying the exact nature, extent and location of their brain trauma. The most promising imaging technique involves an advanced MRI protocol referred to as SWI. Susceptibility Weighted Imaging (SWI) is a relatively new imaging technique that can be performed on most General Electric and Siemens MRI machines (1.0 T, 1.5 T, 2.0 T & 3.0 T). SWI can be included in the ordinary brain injury scan protocol. SWI images have been described as being 5 times as clear as ordinary MRI. SWI is particularly…

  • Rozek Law Offices Opens Madison Office

    rozeklawoffice
    21 Oct 2011 | 9:24 am
    Rozek Law Offices is pleased to announce that we have opened a Madison office as of October 2011. The Madison office was opened primarily for the convenience of our current and future clients, as we represent personal injury victims in Dane County and throughout the state. The new office is conveniently located on Madison’s East Side in the Park Bank Plaza building near I-94 and Highway 151. If you or a loved one are in need of any of the following, please do not hesitate to contact our office: Madison Car Accident Attorney Madison Truck Accident Attorney Madison Drunk Driving Accident…

  • Headaches After Car Accidents

    rozeklawoffice
    17 Sep 2011 | 10:30 am
    The most common symptom after a car accident is headache. In fact, headaches are so common following any type of trauma to the head or upper body that the International Headache Society (IHS) has created diagnoses classifications for post-traumatic headache. The IHS separates the post-traumatic headache into two stages, the acute phase vs. the chronic phase. The acute phase is the first 3 months following the car accident or other trauma, while the headache is classified as chronic if it persists following the first three months after the accident. The IHS also differentiates post-traumatic…
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    American Academy of Estate Planning Attorneys - Blog

  • Six Practical Ideas for Keeping in Touch With Your Clients

    Sanford M. Fisch, CEO & Co-Founder, American Academy of Estate Planning Attorneys, Co-Author of The E-Myth Attorney
    27 Jan 2012 | 12:05 pm
    How do you build lasting relationships with your clients and make sure they don’t see you as just the provider of an ink-on-paper commodity? One way to do this is to keep in regular communication, with routine “touches” throughout the year. At the Academy, we find that it’s ideal to make contact with clients twelve times per year. It would be a little odd for your estate planning attorney to call you every month or to send you an email, like clockwork, every few weeks. However, there are a variety of ways to provide value to your clients and remain in regular contact with them. Things…

  • A Candidate’s Tax Return Shows Estate Planning

    Stephen C. Hartnett, J.D., LL.M., Associate Director of Education, American Academy of Estate Planning Attorneys
    25 Jan 2012 | 8:00 am
    There has been considerable back and forth over the release of 2012 Republican Presidential candidate Mitt Romney’s income tax return. He released his 2010 federal income tax return recently. It’s been widely publicized that the return reports over $21 million of income and that he paid tax at an effective rate of less than 14%. You can view Romney’s 2010 federal income tax return by clicking here. The return reveals the use of trusts. The return references a “blind trust.” A blind trust is used to avoid the appearance of an improper bias. Theoretically, the Romney’s would not…

  • How Can We Start a Reluctant Conversation?

    Academy Guest Blogger, Gail Rubin, Author of The Family Plot Blog & A Good Goodbye: Funeral Planning for Those Who Don’t Plan to Die
    23 Jan 2012 | 12:33 pm
    Estate planning, as well as funeral planning, is generally a hard conversation to start. People are reluctant to talk about their mortality. There’s actually a psychological term for this reluctance: the Terror Management Theory. It’s based on the work of Dr. Ernest Becker and his 1973 Pulitzer Prize-winning work, The Denial of Death. The Terror Management Theory posits that all human behavior is ultimately motivated by the fear of death. Death creates anxiety: it can strike at unexpected and random moments, and its nature is essentially unknowable. This awareness of our own eventual…

  • The Secret to Turning a Prospect into a Client

    Robert Armstrong, President & Co-Founder, American Academy of Estate Planning Attorneys, Co-Author of The E-Myth Attorney
    20 Jan 2012 | 8:00 am
    A funny thing happens when you really start marketing your law firm. Suddenly, there are a lot more people coming in for initial consultations, and they don’t automatically hire you. They’re sizing you up and interviewing you. Two Ears, One Mouth It’s at this point that we as estate planning attorneys might want to heed the words of Greek philosopher Epictetus, who said, “We have two ears and one mouth so that we can listen twice as much as we speak.” Perhaps more than other people, lawyers like to hear themselves talk and it’s a problem when the lawyer talks more than the client…

  • Keeping Dozens of Cats May Be Deductible

    Stephen C. Hartnett, J.D., LL.M., Associate Director of Education, American Academy of Estate Planning Attorneys
    18 Jan 2012 | 8:00 am
    This week I’m at the Heckerling Institute on Estate Planning. In the Recent Developments session during the opening day of the Institute, we looked at a Tax Court case involving a taxpayer with dozens of cats. Van Dusen v. Commissioner, 136 T.C. No. 25 (2011). In fact, she had so many cats that she could not invite guests over. The number of cats in her home varied between 70 and 80 over the course of the year. In addition, the taxpayer had 7 cats who were her pets and who had names. The taxpayer claimed an income tax deduction for various cat-related expenses including: pet food, medical…
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    HoganWillig

  • New York State Gun Law Poses Threat of Arrest for Visitors

    Erica Smith
    23 Jan 2012 | 11:56 am
    Following a former U.S. Marine’s arrest for attempting to security-check his pistol while visiting the Empire State Building, light has been cast upon one of the Nation’s toughest gun-control laws. The Marine’s weapon was licensed in his home state of Indiana; however, New York State’s gun law fails to recognize out-of-state permits. The law prohibits [...]

  • “Interesting” Decision on Wrongful Death

    Amanda Lowe
    13 Jan 2012 | 1:46 pm
    On January 10, 2012, the Court of Appeals of the State of New York, the State’s highest Court, ruled in favor of families who have lost loved ones because of the negligence of others. In Toledo v. Christo, the Court ruled that a wrongful death plaintiff may collect interest on a damage award from the [...]

  • Phony Internet MLS Offers

    Bruce Ikefugi
    23 Dec 2011 | 3:29 pm
    While this article is geared towards real estate agents, we feel it is helpful for others to be aware of. With the ever-increasing importance of the internet in our day-to-day lives, scams such as the one described below, and other email scams/solicitations, are becoming more and more common. The need to be cautious and confirm [...]

  • Six Year-End Tips to Reduce 2011 Taxes

    Hogan Willig
    21 Dec 2011 | 12:37 pm
    As we approach the year’s end, it is not too late to do some 2011 tax planning. Please consider the following suggestions from the IRS that may be helpful. If you have questions about how these issues might apply to your tax situation, please contact Carly Speyer or Stacy Bechakas at 716.636.7600 to discuss. The [...]

  • Should I Stay or Should I Go

    Ashlea Palladino
    16 Dec 2011 | 12:36 pm
    Countless divorce clients approach me with the same concern: If I move out of the house, will it be considered abandonment? The answer is no! “Abandonment” is one of the most misunderstood concepts in divorce lingo. In New York State, you must have a reason to get a divorce, called a “ground” for divorce. Abandonment [...]
 
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    Attorney at Work

  • This Just Out: New Legal Technology Products

    The Editors
    27 Jan 2012 | 8:26 am
    Yes, it’s that wonderful time of year, when legal technology fans await the drumroll of new products and updates, and legal technology companies primp and prepare to show off their best new stuff. Legal Tech New York opens next week and ABA TECHSHOW lands in Chicago this March. Whether in the exhibit hall or blawgosphere, you’ll see plenty of new releases these next few weeks. In anticipation, this week’s Friday Five serves up a bunch of product announcements designed to help you work smarter, faster, better … in the cloud, from your smartphone or tablet, and even…

  • Did You Say ‘Yoots’?

    William Melater
    26 Jan 2012 | 7:31 am
    I arrived early for the deposition but somehow, in his mind, I was late. I was also young. This angered him. I went to shake his hand, but his arm never moved. Rather, he looked me up and down and sarcastically said, “Great, looks like we’re gonna be here forever.” In the next two hours I learned more about psychology and conflict resolution–the hard way–than the facts of the case. Every pause was greeted with annoyed exhales. Every question was followed by an objection. Every exhibit was contested. Threats to end the deposition were constant. Insults to my intelligence, not…

  • The Enterprising Lawyer: Mark Tamminga

    The Editors
    25 Jan 2012 | 9:15 am
    Who are these “enterprising lawyers”? Actually, they are easy to spot. Look for the more engaged and happier lawyers in the crowd. Deeply invested in the power of the work they do for their clients, they have ample interests beyond the practice of law as well. And they seem to have more energy for getting things done than anyone in the crowd. You probably know one or two—you may even be one yourself! Meet Mark Tamminga—a large firm partner and practice systems expert who is, quite literally, a law firm innovation leader. That’s him in the photo below, number 68. Just another mellow…

  • Is It the Winter Blues or Something More?

    Marcia Pennington Shannon
    24 Jan 2012 | 5:16 am
    I don’t know about you, but this time of year makes me want to stay under the covers and act like a hibernating bear. Yes, the cold gray days bring on the winter blues. It takes energy and real motivation to get myself out of the cave, but once I do, I’m back to being a contributing member of the human race and getting satisfaction and enjoyment from my activities. But that’s not true for all of us. For some, getting out of the cave can feel like an impossible labor. Blues vs. Depression: Be Alert for the Signs Studies find that lawyers suffer depression significantly more often than…

  • How to Remember Names (Really)

    Mary Ellen Sullivan
    23 Jan 2012 | 5:00 am
    You’ve just been introduced, and halfway through the conversation you realize that, once again, you have no recall of this person’s name. While forgetting names is not the worst thing you can do socially, remembering names is one of the best. It eases social situations, sets you apart from the other bumbling schlubs, lets your companion know that they had a positive impact on you, and, face it, is just plain old good manners. But let’s get real. Unless you have one of those photographic memories featured on so many TV crime shows, you’re going to have to work at it a little. Etiquette…
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    Fairfax County Wills & Estate Planning Attorney - Annandale, Virginia

  • Maybe Joe Paterno’s House Transfer Wasn’t So Dumb After All

    Scott
    25 Jan 2012 | 10:57 pm
    “You see my husband as a saint, so he must be right in everything he says and does.  And then you see him as a devil, and everything he says and does must be wrong.  Well, my husband is neither a saint nor a devil.  He’s just a human being and he makes mistakes.” – Sara Brady (played by Florence Eldridge), Inherit the Wind (1960), adapted from Jerome Lawrence and Robert E. Lee’s play of the same name (1955). On the day of former Penn State head coach Joe Paterno’s death, a post came out on forbes.com entitled “Monday Morning Quarterback:  Joe Paterno’s House Transfer Was a…

  • Consider Digital Estate Planning Services

    Scott
    5 Jan 2012 | 1:56 pm
    NOTE:  I am proud to announce that my post below also appears in the January 2012 edition of the WealthCounsel Quarterly Newsletter, linked here.  While written mainly for estate planning practitioners, this overview is also hopefully helpful to anyone with any digital assets.  Enjoy, and Happy New Year! Digital estate planning is an area of law that is still in its infancy.  However, it could be of great benefit for you to develop your knowledge and practical wisdom about digital estate planning to help you prepare for the ever-increasing demand for services in this area. This article…

  • What is the Federal Estate Tax? Examples Using 2012 Rates

    Scott
    21 Dec 2011 | 5:18 pm
    Everyone Has an Estate For purposes of understanding the federal estate tax, we must first examine the definition of “estate” provided by the U.S. Internal Revenue Code. “Estate” Includes Property Owned at Death Contrary to what seems to be popular belief, every person has an “estate”, whether it’s worth $1 or $100 billion. An individual’s estate does not only include a person’s “real estate” or just one’s large country estate. In our context here, we’re also not referring to one’s “probate estate” either. Instead, your…

  • Lending Money to Family – Don’t Forget About “Imputed Income”

    Scott
    28 Nov 2011 | 7:00 pm
    Let’s say you want to lend a significant amount of money to your child, another family member or even a friend.  To further help, you decide that you want to make the loan without interest (or at a below-market rate).  Bully for you – you should be commended for your support and assistance to your “lendee”! However, before you write that check, it is important to consider the tax consequences.  It’s one thing to be a generous benefactor, but it’s another to do so without fully understanding its effects.  The IRS may have something to say about your arrangement if…

  • ALERT: Gift Tax Exemptions Could Be Significantly Lowered By Next Week

    Scott
    15 Nov 2011 | 8:12 pm
    There is an increasing buzz in the estate planning community regarding the decisions the Super Committee must make by next Wednesday, November 23. As we have discussed previously, the Super Committee is made of six Democrats and six Republicans evenly split from the U.S. House and Senate.  Their task is to come up with a combined plan to reduce the $1.2 trillion budget deficit over the next 10 years.  If no agreement is reached, then a $1.2 trillion across-the-board cut of domestic spending and defense programs will automatically take effect. Reduction of Gift Tax Lifetime Exclusion to $1…
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    Pretrial, Trial, Appellate & Evidence Blog

  • DON'T RUIN YOUR OPENING STATEMENT

    Ronald H. Clark
    26 Jan 2012 | 7:45 pm
    Checklist of Pitfalls for Opening StatementDon’t ruin your opening by stumbling into these pitfalls. Avoid: Preramble: “My name is . . . and I represent;” “As His Honor has told you everything we say in opening statement is not evidence . . .;” “First, I want to thanks you for your jury service because. . .;” “I want to apologize for . . .” “I believe . . .” Rule of Professional Responsibility 3.4(e) “Mr. X will testify that . . . Ms. Y will testify that . . . Then, Mr. Z will testify that . . .” An endless list of witnesses and what they will testify to.

  • VALUABLE WEBSITE FOR ADVOCACY INSTRUCTORS

    Ronald H. Clark
    20 Jan 2012 | 1:38 pm
    Visit Teaching Advocacy BlogThis blog is dedicated in part to teaching pretrial, trial and appellate advocacy, and, therefore, I was delighted to discover Teaching Advocacy Blog, which has teaching advocacy skills as its focus. That blog is administered and often written by Christopher Behan (Assistant Professor of Law, Southern Illinois University School of Law), Charles Rose (Director, Center for Excellence in Advocacy; Professor of Excellence in Trial Advocacy at Stetson College of Law) and Hugh Selby (Barrister and Australian National University where he writes about “courtcraft” -…

  • FOCUS GROUPS AND DAVID BALL

    Ronald H. Clark
    17 Jan 2012 | 5:49 pm
    Book Review: How to Do Your Own Focus Groups: A Guide for Trial LawyersEven with a thorough investigation and analysis of the case, you can overlook things, even the most obvious. This is especially true once you’ve formulated a case theory because there is a natural tendency to miss or reject that which is inconsistent with that hypothesis. That is why focus groups are such valuable tools for trial lawyers. Focus groups can give you insight into almost all aspects of trial advocacy. For instance, they can provide insight into how jurors will react to the case, the witnesses, the exhibits,…

  • JUROR ONLINE MISCONDUCT

    Ronald H. Clark
    14 Jan 2012 | 12:29 pm
    Juror Googles the DefendantRecently a family member of mine who is a prosecutor finished a jury trial. The jury convicted. He was talking to the jurors after the verdict and learned that one of the jurors had Googled the defendant in violation of the jury instructions. The juror learned information that had not been admitted at trial. The juror did not communicate what was learned was to the other jurors. Now, following his prosecutorial duty, my family member disclosed the juror’s misconduct to the judge. A new trial may well be granted. All the time, money and stress expended so far is…

  • FAVORABLE ATTRIBUTES OF A TRIAL LAWYER

    Ronald H. Clark
    11 Jan 2012 | 5:00 pm
    Through the Jurors’ EyesI asked my law students to put themselves in the jury box and ask what they as jurors would want to see in a trial lawyer. Three students came up with this nice list of attributes worth aspiring to project:• Credibility• Compassion• Capability• Clarity• Conciseness• Conscientiousness • Charm• Charisma
 
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    The MegaBlog - Legal & Business Info

  • 9 Secrets to Hiring a Good Contractor

    Heather Cuthill
    24 Jan 2012 | 9:24 am
    When searching for a contractor to do new construction or renovations and improvements to an existing home, there are some key considerations to keep in mind to help you find a reputable company that will do quality work. Continue reading →

  • RSIs Can be Prevented – We’ll Tell You How

    Quick Books Publishing
    17 Jan 2012 | 8:30 am
    The key to preventing the development of a repetitive strain injury (RSI) or musculoskeletal disorder (MSD) is to prioritize the balance between work (where the damage occurs) and rest (where recovery takes place). Continue reading →

  • Frequently Asked Questions About Preventing RSI

    Quick Books Publishing
    10 Jan 2012 | 8:30 am
    Our clients and their employees often have questions about what they can do to prevent or reduce the frequency and duration of repetitive strain injury. We've gathered the most frequently asked questions and answered them for you here. Continue reading →

  • Don’t Just Sit There, Get Moving! 7 Exercises for Preventing RSI

    Quick Books Publishing
    3 Jan 2012 | 8:50 am
    Everyone who works at a computer for hours each day knows the warning signs - burning, tingling, muscle pain - these are our body's ways of telling us that we've been sitting there too long on the keyboard and the mouse. That means it's time to get up and move around, get the blood flowing and reduce the strain on your soft tissues. These simple exercises will help rejuvenate your body and relieve tension in overworked muscles and joints. Continue reading →

  • Is Your Work Station Breaking Your Neck?

    Quick Books Publishing
    27 Dec 2011 | 8:17 am
    This article illustrates how to adjust your chair and make changes to your workstation to make it more ergonomically safe. If your body is comfortable and stress-free, you will be able to work more productively. Just follow these simple rules. Continue reading →
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    The Attorney Marketing Center

  • Three ways to get clients to hire you NOW

    David M. Ward
    27 Jan 2012 | 3:07 pm
    I just spoke to an attorney who sent his list an article about the importance of getting their Will prepared. He later spoke to some of them and they said they enjoyed the article and acknowledged that they needed to get their Will prepared or updated. When he asked them to book an appointment, they made excuses. Sound familiar? How do you get someone who acknowledges his or her need for your services to stop procrastinating and make the appointment? Here are three techniques you can use: Tell stories. Facts tell but stories sell. In your writing and on the phone, make sure you illustrate…

  • How to write an article in ten minutes or a book in two hours

    David M. Ward
    26 Jan 2012 | 4:16 pm
    One way to write more articles, reports, blog posts, or anything else, is by writing faster. One way to write faster is to dictate and record your thoughts and then have them transcribed. When I first started practicing law we dictated everything and somebody else did the typing. Today, I write everything on a computer and find that I can turn out a finished document almost as quickly. But sometimes, I get caught up in the process of writing and something that should have taken ten minutes winds up taking an hour. I also find that speaking my thoughts lends a freshness and clarity that is…

  • The problem with most consumer law practices

    David M. Ward
    25 Jan 2012 | 2:09 pm
    Most consumer oriented law practices have a big problem. Lawyers who practice family law, bankruptcy, criminal defense, estate planning, personal injury, real estate, and other areas, have a preponderance of "one time" clients. Once the initial case or engagement is completed, the attorney gets no additional revenue, or at best, very little. The problem is worsening. It costs more to bring in a new client today, and overhead and manpower expenses to service those clients are also higher. But clients aren't willing to pay more, and they don't have to. With more lawyers…

  • Why attorneys need to drink more booze

    David M. Ward
    24 Jan 2012 | 1:34 pm
    My wife once told me I needed to drink more alcohol. She said I was too uptight and needed to loosen up. She wasn't serious (about the alcohol part) but I had to admit she had a point. Attorneys can be pretty serious folks at times. You and I know a lot of attorneys. As a group, what are they like? Most of the ones I know are intelligent, hard working, responsible, and professional. They have families and hobbies and a life outside of the office. They are successful and well-rounded. At the same time, most of the attorneys I know are very analytical and a bit uptight. Like me. No matter…

  • Apps for lawyers: do you really need one?

    David M. Ward
    23 Jan 2012 | 2:18 pm
    If you have a smart phone, the chances are you've seen more than a few law firm apps coming through the app store. A lot of law firms are getting them and you may be tempted to do the same. With all the smart phones out there, it's got to bring you some business, right? Hey, even one new client will pay for the app. Before you get out your checkbook, there are some things you should consider. Most apps fall into two categories. The first is of the "digital brochure" variety. This may do a great job of showing your firm's capabilities but you're not going to bring…
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    Valensi Rose Law

  • Michael Morris Interviewed on KTLA Television on Income Tax Pitfalls

    About Valensi Rose PLC
    27 Jan 2012 | 11:48 am
    KTLA-TV Channel 5 Legal expert Manny Medrano interviews Michael Morris warning consumers about some pitfalls you want to avoid when filing your income taxes. VIDEO: Tax Time Pitfalls - Manny Medrano "Inside the Law"Formore information on the subject or any other tax related questions, please  Contact Michael Morris

  • What You Should Know About Title Insurance (Part 3)

    About Valensi Rose PLC
    23 Jan 2012 | 2:22 pm
    By Laurie MurphyIn two prior blogs I discussed title insurance in general, whatit covers and what it doesn't, introduced the two types of title insuranceavailable in California (CLTA and ALTA policies) and discussed the coveragegenerally available and the exclusions which apply to a CLTA policy.  Here, I discuss generally what an ALTA policycovers.  In general the ALTA policycovers everything that a CLTA policy covers, plus it also covers certain"off-record" risks not covered by the CLTA policy.  The ALTA policy covers not just the owners butthose who succeed the owner by…

  • IRS Reopens Offshore Voluntary Disclosure Program

    About Valensi Rose PLC
    19 Jan 2012 | 11:58 am
    by Geoffrey WegOn Jan. 9, 2012, the Internal Revenue Service ("IRS") reopened the Offshore Voluntary Disclosure Program ("OVDP"), which provided taxpayers with undisclosed income from offshore accounts an opportunity to "get current with their taxes" and limit potential penalties.IRS Commissioner Doug Shulman stated, "Our focus on offshore tax evasion continues to produce strong, substantial results for the nation's taxpayers. We have billions of dollars in hand from our previous efforts, and we have more people wanting to come in and get right with the government. This new program makes good…

  • What You Should Know About Title Insurance (Part 2)

    About Valensi Rose PLC
    10 Jan 2012 | 5:40 pm
    By Laurie MurphyIn a prior blog, we introduced the two types of title insurance available in California to protect a buyer against claims related to title.   The blog discussed the coverage provided and excluded by a standard CLTA policy.  A standard CLTA policy covers the property owner and the lender.  It does not cover a subsequent purchaser and it does not automatically cover a trust if the insured buyer transfers title to his or her family trust.  However, endorsements for such transfers are available.  Typically a title insurer is not liable to the insured…

  • What You Should Know About Title Insurance (Part 1)

    About Valensi Rose PLC
    4 Jan 2012 | 12:36 pm
    By Laurie MurphyWhen you buy real property it is customary for the purchase agreement to require that a seller also provide  (as a condition for sale) a policy insuring title.  What exactly is covered however by the policy that the seller provides the buyer?  And, more importantly, why should you, the buyer care?  There are generally two kinds of policies that cover buyers of California real estate.  The first is called a California Land Title Association Policy (referred to as a CLTA Policy).  The second is an American Land Title Association Policy…
 
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    Estate Law Canada

  • Can you give too much?

    Lynne Butler
    26 Jan 2012 | 11:12 am
    Passing on family wealth can be really stressful. Parents worry, and often rightly so, about the effect it would have on their children to inherit a lot of money. Partly it's worrying about blowing the money, but it's really about changing their children's values. Work ethic, moderation, desire for education - all of those things can go out the window when a child (of any age) inherits a

  • The fine line between protecting and punishing

    Lynne Butler
    26 Jan 2012 | 12:05 am
    Today I spent two hours talking with a client about her estate plan. On our previous meeting, we spent almost four hours. This is exceptional in terms of the amount of time spent; usually things can be wrapped up in significantly less time when a client doesn't own a business or a farm. But this particular client is trying to find the line between protecting her daughter and punishing her.

  • Delay on part of Alberta's new wills law

    Lynne Butler
    25 Jan 2012 | 12:16 pm
    As regular readers of this blog know, Alberta has a wide-sweeping new Wills and Succession Act coming into force on February 1. I've blogged about some of the changes in previous posts. The latest news is that the law is coming into effect as planned, but without one particular item. That item is the section that allows for a married person, on the death of his or her spouse, to apply for a share

  • Stolen urn containing husband's ashes returned to widow

    Lynne Butler
    23 Jan 2012 | 1:41 pm
    The following story describes how thieves who stole, among other things, an urn containing the ashes of a blind woman's husband, later returned the urn. She blessed them for their act of kindness. I'd be more inclined to bless them if they had also returned her jewelry and electronics. Or better still, didn't steal from blind seniors' homes on Christmas Eve.Stolen urn containing husband's ashes

  • How do I document an advance on an inheritance?

    Lynne Butler
    23 Jan 2012 | 1:20 pm
    Giving someone an advance on an inheritance, and documenting it properly, can be done pretty simply. But there are a few things to watch out for. The following question from a reader raises the topic: What is the legal procedure for a testator to give an advance to a beneficiary for a portion of their inheritance? In this case, the niece of the testator is named as a specific beneficiary in
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    Planet10Tech

  • How to flatten a signature in Adobe Acrobat

    Tom Stasiuk
    25 Jan 2012 | 10:36 am
    You probably already know how to create and use an electronic signature in Adobe Acrobat (if not, don’t worry it’s the first tip in Ernie Svenson’s video below). However, you may be wondering “how do I ‘flatten’ the signature image, so someone can’t simply lift my signature off a document.” I figured that Adobe must have a way of doing this. It is the premier app for managing electronic documents in business after all. However, apparently not. Also, I could not find the answer by googling, either. After several dead ends, I was able to find the…

  • Paddy Ashdown: The global power shift

    Tom Stasiuk
    23 Jan 2012 | 6:00 am
    Watching the Sunday “talking head” shows is truly an exercise in frustration. Big name politicos repeatedly hit their talking points and the hosts wont ask tough questions for fear that the politico wont come back on. I contrast that with this discussion of the shift of global power from a single pole (the United States) to a multi-polar world in the new century and from nations to transnational groups. I don’t agree with everything in this discussion. I do not share Ashdown’s faith that transnational treaties can to bring law and curb the power of transnational…

  • Cute Cats and The Arab Spring

    Tom Stasiuk
    18 Jan 2012 | 6:00 am
    I saw this mentioned on BoingBoing last week: it is a discussion from the 2011 Vancouver Human Rights Lecture series discussion the importance of mainstream internet venues in democratic movements: unlike small networks (whose shutdown may be invisible to the mainstream), use of popular networks like Flickr, Facebook and Youtube means that heavy-handed shut-downs will likely make more people aware that something is going on. A very Freakonomics bit of analysis! CBC.ca | Cute Cats and The Arab Spring. Via BoingBoing photo credit: Dr. Hemmert Tweet No related posts. WAH!!!

  • Using Mac’s Text-to-Speech with Mac Kindle App

    Tom Stasiuk
    16 Jan 2012 | 6:00 am
    I like having Apple’s text-to-speech read websites to me while I scan other pages, or check email. I was wondering if I could do the same with my Kindle books. I currently use the $79 Kindle, which doesn’t have a headphone jack (so no text-to-speech possible there). Also, a number of Kindle books do not have text to speech enabled, anyway. So, I found myself wondering if there was any way to use Apple’s built-in text to speech to read Kindle books? The answer was a surprisingly simple “Yes!” “Yes, but only for a while — see update below”…

  • Inside Foxconn

    Tom Stasiuk
    13 Jan 2012 | 6:00 am
    This week’s This American Life showcases Mike Daisey’s amazing journey into the heart of Apple’s (and many other’s) manufacturing at Foxconn. Daisey’s plan started simply enough: going up to the gates of Foxconn and seeing if any workers want to talk. Other journalists with whom Daisey shared his plan with, thought this would be … a very bad idea. Undeterred, Daisey went ahead. Then he saw the armed guards. Surviving that first encounter, Daisey decided to get bold. Check out Mr. Daisey and the Apple Factory | This American Life. photo credit: Codexian Tweet…
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    Law Shucks

  • Why Are Lawyers Still Expecting Spring Bonuses?

    lawshucks
    20 Jan 2012 | 4:32 pm
    Exhibit A: The Goldman Bonus ‘Bloodbath’ By bloodbath, we’re talking bonuses ranging from flat to down 30 or 40%, depending on area, but at least base pay is flat, unlike… Exhibit B: Bonus Watch ’12: JPMorgan First year associate base pay down to $120 from $125, second years to $140 from $150, bonuses flat. Exhibit C: Layoffs Watch ’12: Jefferies Layoffs from MDs to admins Exhibit D: Morgan Stanley beats expectations with cost cuts It was the last among major banks to dive into the Wall Street layoffs bloodbath last year, announcing plans only in mid-December to…

  • Ropes Lawyer at Center of West Memphis 3 Media Frenzy

    lawshucks
    20 Jan 2012 | 1:03 pm
    Peter Jackson, who looks like the hobbits he’s currently directing, also does some side project passion work advocating, through a documentary, for the release of the West Memphis Three.  Basically, three Arkansas then-teenagers who were convicted of murdering three second graders.  The convicts’ (and many of the victims’) advocates have long held that the three were wrongly convicted. Jackson financed the film “West of Memphis,” which purports to show all of the defects in the investigation and prosecution.  The film is currently screening at Sundance, and it…

  • Is Simpson Out-Wachtelling Wachtell?

    lawshucks
    19 Jan 2012 | 12:52 pm
    Wachtell’s herculean efforts to keep management in place are legendary.  Marty Lipton invented the poison pill for crying out loud. But that was 30+ years ago. Now it looks like Simpson Thacher has come up with the most-recent tool to protect management. Eliminating stockholders’ rights to take a company to court. In Carlyle Group’s pending IPO, Simpson has included a checklist of pretty much every issue that has irked management of companies that have gone public. The Deal Professor calls this an “unfriendly” IPO, but that’s an understatement. The…

  • Skadden Alum Gets Big IB Promotion

    lawshucks
    17 Jan 2012 | 3:38 pm
    David Kurtz left Skadden almost a decade ago, so this doesn’t qualify for the Lateral Tracker, but we always like to see our former brethren doing well. Kurtz (BA, JD Case Western Reserve), now 57, is the new global head of restructuring at Lazard. Restructuring banking is filled with former lawyers. Interestingly, one catalyst for the move may have been overtures by Evercore to hire Kurtz.  Evercore also recently made a play for former Cleary partner Jim Millstein (yes, he’s also famous for being the son of Weil Gotshal’s Ira Millstein).  Millstein eventually decided to…

  • Kindler Disses Alma Mater Cravath

    lawshucks
    12 Jan 2012 | 5:26 am
    The WSJ is surprised Rob Kindler showed up in a $68 million deal.  The head of M&A at Morgan Stanley is usually involved in much bigger deals – according to the press release announcing his hire from JP Morgan, he had worked on $200 billion worth of deals from 2000 to 2006. And of course, he’s most beloved around here for his 20 years at Cravath. But that didn’t cause him to use his old firm in the sale of a company in which he was invested. Apparently, he had a significant stake in De Novo Legal, which sold out to Epiq Systems.  Interestingly, Kindler is a personal…
 
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    AZ Attorney

  • Godzilla Precursor Gojira Restored

    azatty
    27 Jan 2012 | 10:30 am
    Godzilla, Gojira, either way pretty scary Happy Change of Venue Friday, the day we take a deserved amble down a path that’s not strictly legal—but a path I’d guess lawyers would enjoy. Today, I take note of a new release of an old classic film: Gojira, the precursor to what most of us know as Godzilla. It turns out there’s a lot more to the Gojira story than we would have guessed—so much so that the storied Criterion Collection is re-releasing the original. As the news story notes: “The highbrow Criterion Collection, which usually traffics in the world of Hitchcock, Truffaut and…

  • Patent Law Changes

    azatty
    26 Jan 2012 | 10:30 am
    Today I point you to some content that examines recent patent law changes. Not grabby enough? Well, what if you knew that it covers a law—the Leahy–Smith America Invents Act—that altered our patent law system more than at any time since the early 1950s? The law has not been without controversy. Opponents had said that it would disadvantage small and startup companies—where innovation often arises—and that its approach could make the U.S. patent system irrelevant. In any case, here is the article by Sheri Qualters titled “Top 10 Things You Should Know About the New Patent Law.”…

  • Rule Changes Affecting Arizona Law Practice

    azatty
    25 Jan 2012 | 10:30 am
    Before January slips away, I must remind Arizona lawyers about an important article featured in the current issue of Arizona Attorney Magazine. It involves rules of practice that you really want to get right. The article, titled “Fees and Client-Trust Accounts: Rule Changes for 2012,” was written by Patricia Sallen, the Ethics Counsel for the State Bar of Arizona. In the piece, Pat gets directly to the point and informs lawyers exactly what they need to know about changes to: ER 1.5(b), regarding written fee agreements Rule 43, regarding client-trust accounts Her entire article is online…

  • Annual Red Mass To Feature Military Archbishop

    azatty
    24 Jan 2012 | 10:30 am
    This evening, an annual legal event takes place that may slip past you unnoticed: The St. Thomas More Society Red Mass. (It will be at St. Mary’s Basilica, 231 N. 3rd St., Phoenix, at 5:30 pm.) The Society is an association of Catholic lawyers. The Catholic Mass they host annually has been held since the Middle Ages. In it, judges, lawyers, law school professors, students and others worship together. As Wikipedia indicates, those at the Mass request guidance from the Holy Spirit for all who seek justice. The event offers “the opportunity to reflect on what Catholics believe is the…

  • Moving On

    azatty
    23 Jan 2012 | 10:30 am
    This month here in the State Bar offices, we are surrounded by packing boxes as we ready ourselves for a shift to another portion of the Bar’s building. Nothing like a move to get you to throw out stuff you shouldn’t be holding on to! Our department is slated to be out of our current space by the close of business Monday. It appears that we’re going to make the deadline. So far, so good. Our move got me thinking back to similar moves I’ve made when I worked in law firms. Mobilizing documents, technology and people can be a Herculean undertaking. And doing it without having…
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    Course and Scope: Connecticut Worker's Compensation

  • Worker's Compensation and "Acts of God"

    James F. Aspell
    13 Jan 2012 | 11:34 pm
    From Lynch Ryan: Worker's Comp InsiderAnnals of Compensability: Of Heroes, Acts of God, and (No) MercyWhen the category 5 hurricane hit Joplin, Missouri on May 22 this year, Mark Lindquist was perched on a mattress which covered his clients, three mentally disabled adults. Lindquist, a social worker for Community Support Services, was following the tornado protocol in a town where basements are virtually non-existent. Unfortunately, the protocol proved utterly ineffective in the wake of 200 mile per hour winds. Lindquist was plucked from his perch and hurled a block away. He was impaled on…

  • Tough Month at the CRB

    James F. Aspell
    13 Jan 2012 | 11:23 pm
    A flurry of recent decisions have just come down from the Connecticut Compensation Review Board on a Myriad of issues, big and small. Not a single win for a Claimant.This is a tough enviornment in which to represent an injured worker in Connecticut. be sure you have and experienced Connecticut Worker's Compensation Lawyer on your case to help you understand your options and receive the best possible advice.

  • Will I or Wont I get SSD?

    James F. Aspell
    21 Oct 2011 | 9:37 pm
    Here is the handy website for looking up a particular Administrative Law Judge's approval statistics. It is fairly out of date now, but it is fun to look at.

  • Most Dangerous Jobs

    James F. Aspell
    21 Oct 2011 | 9:29 pm
    From Risk Management Magazine:by Morgan O'RourkeAccording to the latest numbers from the U.S. Bureau of Labor Statistics, "Deadliest Catch," a popular television show on the Discovery Channel that chronicles the adventures of Alaskan king crab fishermen in the Bering Sea, is aptly named. Last year, 29 fishermen died from injuries sustained on the job, giving the industry a rate of 116 deaths per 100,000 workers and making it far and away the most dangerous job in the United States.Logging workers (91.9 fatalities per 100,000 workers), airplane pilots and flight engineers (70.6), farmers and…

  • The Perils of Pain Management

    James F. Aspell
    12 Oct 2011 | 11:13 pm
    Back in the good old days when I first started doing Connecticut worker's comp law, musculoskeletal and low back claims used to be fairly straightforward. One was injured, they saw their orthopedist and either they did a short course of physical therapy or they were a surgical candidate and they had their problem corrected surgically. The claimant would be out of works maybe six to eight weeks and move on. A few months after that, they would get a PPD rating and we could either get that paid or settle the case.Now, there is a new and unholy place. It is the place of pain management, or as it…
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    Law Donut blog feed

  • Business success: your 2012 calendar launched

    Georgina Harris
    27 Jan 2012 | 4:46 am
    Surrounded by the brightest and best of the UK’s entrepreneurs, business minister Mark Prisk MP launched rather a useful tool for the UK’s small businesses at BIS HQ this week – a definitive calend read more

  • Ending sex-discrimination - an Olympic feat?

    Georgina Harris
    26 Jan 2012 | 8:49 am
    As if ticket provision for Londo read more

  • New Year, new start?

    Frances Place
    23 Jan 2012 | 9:59 am
    As the divorce peak reaches its annual high in the early months of the year, you may want to know what courts actually do about living arrangements for your children. read more

  • Employment Law 2012

    Georgina Harris
    11 Jan 2012 | 4:29 am
    Employment law will be reviewed in 2012. read more

  • My thoughts on the Family Justice Review

    PooleFamilyLaw
    5 Jan 2012 | 5:50 am
    This week, traditionally the busiest time for family lawyers dealing with post-Christmas-stress divorce enquiries, here are Colin Mitchell's reflections on the implications of December's Family read more
 
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    Colorado Construction Litigation

  • Higgins, Hopkins, McLain & Roswell Promotes Derek J. Lindenschmidt to Partner

    David M. McLain
    25 Jan 2012 | 4:17 pm
    Higgins,Hopkins, McLain & Roswell is pleased to announce the promotion to partner(with effect from January 1, 2012) of Derek J. Lindenschmidt.Sincejoining the firm in 2006, Derek’s practice has focused on representation ofconstruction professionals in a wide variety of both litigated andnon-litigated matters, including the defense of developers and generalcontractors in complex construction defect lawsuits. He has defended againstclaims in all phases of development, from initial design throughpost-construction, and has been very successful in recovering fromsubcontractors in…

  • ISO Rolls Out Colorado-Specific Insurance Forms in Response to the Colorado Anti-Indemnity Statute.

    Chad W. Johnson
    19 Jan 2012 | 3:16 pm
    If you take a look at the bottom of any page of your (or your client’s) insurance contract, it is most likely a copyrighted form issued by Insurance Services Office, Inc. (ISO). ISO develops standardized insurance policy language and forms that most insurer companies use in order to create insurance policies for consumers.  ISO has recently released several Colorado-specific forms with policy language that takes into account Colorado’s 2007 anti-indemnity legislation, C.R.S. § 13-21-111.5. The Colorado anti-indemnity law limits a defendant’s liability to “the degree or…

  • Colorado's legislature is back in action. What does this mean for Colorado's construction professionals?

    David M. McLain
    12 Jan 2012 | 12:49 pm
    Yesterday was the first day of the 2012 legislative session of the Colorado General Assembly, which promises to be an exciting year.  From what we have heard around town (and from the mouth of a plaintiffs' construction defect attorney at an out-of-state seminar) there is likely to be a construction defects bill at the Capitol this year.  This attempt will likely take the form of a bill providing for the payment of attorneys' fees to homeowners and homeowners associations in residential construction defect cases.  Whether it happens or not, there are enough people talking about…

  • It is time to clarify that plaintiffs in construction defect cases cannot recover more than 100% of their actual damages.

    David M. McLain
    5 Jan 2012 | 6:08 pm
    Developersin Colorado could be facing more of an uphill battle than the economy. Attorneys for homeowners’ associations have conceived a new argument wherebythey seek to hold the developer liable for one hundred percent of the damagesin a construction defect action as a fiduciary under Colorado law.  Asmost of us know, developers rarely participate in the actual construction workof any given project.  However, pursuant to Colorado’s Common InterestOwnership Act (“CCIOA”), board members appointed by the declarant developer arefiduciaries of the unit owners.

  • Licensure for Common Interest Community Association Managers in Colorado: Should Construction Professionals and Their Insurers Support the Effort?

    David M. McLain
    14 Dec 2011 | 12:30 pm
    On November 4, 2011, the Colorado Legislative Action Committee (“CLAC”) Licensing Task Force of the Community Association Institute (“CAI”) submitted a Sunrise Review Application for Licensure of Common Interest Community Association Managers.  You can view a copy of the application hereThis blog entry will briefly describe the application, and then discuss why Colorado construction professionals and their insurers may want to support this application, with some revisions.  The ApplicationTo me, the most interesting parts of the application are the…
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    Consumer Rights

  • Kingfisher forced to pay penalty for flight cancellation

    ashish
    21 Jan 2012 | 1:19 am
    In the recent past, you had several incidents of cancellation of flights, which were not based on weather. In today’s cold weather, with fog, for safety reasons, flights are cancelled. For these cancellations, there does seem to be a valid reason. However, what do you do when the cancellation seems to be for some reason that is convenient for the airline or caused by some action of the airline, and which causes huge discomfort to the traveler. When a flight is cancelled, it puts the affected passengers a huge inconvenience, since the travel may be for urgent family reasons, or for…

  • Reebok fined a huge sum in the US for its claims regarding toned bums – no such action in India

    ashish
    17 Oct 2011 | 2:11 am
    India is always claimed to a place where consumer protection is not so high. Companies can make any sort of claims and it is hard to get them to account for their claims. Even recent steps in consumer forum and through regulatory bodies do not really take India to the same level as consumer protection as the Western countries or in the United States. Consider the case where Reebok, an internationally well known company places an advertising campaign that promotes its shoes as one that provide an enhanced tone to the wearer of the shoes. These are a line of premium shoes, with advertising…

  • ICICI Lombard unwilling to provide terms of insurance before claiming money

    ashish
    15 Oct 2011 | 1:58 am
    Sometimes one feels that insurance companies can do anything to ensure that they get their policies, even unwilling to be concerned about their customers needs and requirements. From time to time, you hear that insurance companies are supposed to provide details of the details of the policy to consumers who have a right to ask for these details before they make up their mind. However, there are often enough many complaints that companies promise some details on the phone or through the insurance agent, but these are not backed up when the policy is actually delivered. Let me outline my…

  • Nokia fined for poor customer service – decision by consumer forum

    ashish
    20 Jun 2011 | 12:14 pm
    You can get some excellent devices nowadays for mobile coverage – they work for days altogether without the need to recharge, are not very expensive, and so all. Many of these devices are very amazing, and their cost has been going down over a period of time. Further, these devices work very well, and most of them work without any problems. However, one persistent problem that has been ongoing for a long period of time is the amount of service that these consumer device providers extend to their customers. With the level of sophistication present in these devices, repairing these…

  • Taking a pre-paid cab (Meru) from the railway station – there are additional charges involved

    ashish
    12 Jun 2011 | 5:46 am
    The concept of radio taxis in India started a few years back, and they have become somewhat successful. You can see a number of different brands of radio taxis on the road, out of which the market leader seems to be Meru. The concept of these radio taxis is simple – they are much safer with much greater tracking of them during movement, they are much more comfortable with A/C taxis, more modern vehicles (especially when you compare them with the other option, old vehicles that are more than a decade old, no A/C, o proper seat belts, etc). And in many cases, if you take a single trip to…
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    Beckwith DUI

  • Jail Time for 2nd DUI Conviction in WA

    Beckwith DUI
    3 Jan 2012 | 3:18 pm
    If you are convicted of a 2nd DUI in WA State, you are required to serve at least 30 days in jail as the minimum sentence. You can be sentenced to up to 364 days in jail for a second DUI conviction. However, it is pretty unlikely that you would serve the maximum jail sentence for a DUI conviction in Pierce County or King County, Washington. The minimum jail time requirement is increased to 45 days if your blood alcohol content (BAC) was .15 or above. The maximum jail sentence is 364 days, since a 2nd DUI offense is still a gross misdemeanor. It is extremely important to avoid a 2nd DUI…

  • Fighting WA DUI Breath Test Results

    Beckwith DUI
    1 Dec 2011 | 2:09 pm
    There are many scientific and technical considerations involved with a DUI alcohol breath test in WA Sate. An important consideration is determining the accuracy of the breath test. The laboratory that performs the testing of the breath sample (through the Washington State Patrol) is required to provide a confidence interval. A confidence interval gives your DUI defense attorney a margin of error for your breath test. Your actual alcohol content is supposed to be inside of this margin. Statistics come into play when determining the likelihood that your breath test is within a specific portion…

  • Challenging DUI Blood Alcohol Content in WA State

    Beckwith DUI
    1 Nov 2011 | 3:04 pm
    This summer the United States Supreme Court ruled on an issue of significance for WA DUI cases involving blood alcohol analysis. The 6th Amendment contains what is referred to as the Confrontation Clause. The Confrontation Clause is one of many guarantees or constitutional rights that uniquely forms what is considered a fair trial. This clause requires that Defendants have the ability to confront those who accuse them of criminal acts. In Bullcoming, the case referenced, the court determined that defendants are guaranteed the right to cross-examine and confront the specific lab technician who…

  • Reckless Driving vs DUI in Washington State

    Beckwith DUI
    30 Sep 2011 | 9:27 pm
    In our last article, we spoke about the impact of reducing DUI charges to Negligent Driving. In this article, we are going to focus on the consequences of reducing a DUI to Reckless Driving. In WA State, Reckless Driving is a more serious offense than Negligent Driving, however, it is less serious than a DUI conviction. Reckless Driving and DUI are both gross misdemeanors and therefore carry the same maximums of 364 days in jail and a $5000 fine. DUI and Reckless Driving both require the purchase of SR-22 insurance for 3 years. In Tacoma, Puyallup, and other areas of Pierce County, it is not…

  • Reducing a WA DUI to Negligent Driving

    Beckwith DUI
    2 Sep 2011 | 6:20 pm
    Depending on the circumstances surrounding your DUI arrest, it may not be possible to negotiate a dismissal of your charges. Often times, a WA DUI attorney will negotiate a lesser charge on your behalf. For example, Negligent Driving is a simple misdemeanor that carries a maximum jail sentence of 90 days and a $1000 fine. In comparison, a DUI is a gross misdemeanor. A gross misdemeanor in WA State has a maximum fine of $5000 and 364 days in jail. If you are charged with DUI and end up accepting the charges of Negligent Driving, this would be considered a reduction as Negligent Driving is a…
 
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    Legal Loudspeaker

  • Enter to win a $1000 Network Audit!

    Accellis Technology Group
    18 Jan 2012 | 12:48 pm
    On February 29th, we, the folks at Accellis Technology Group that publish Legal Loudspeaker, will select 3 law firms or businesses that will win a complete Network Audit. We will evaluate your servers, computers, firewall, printers, software, backups, anti-virus, security systems and more. Each Network Audit will include: Network Hardware & Equipment Analysis Backup and Data Retention Policy Review Security Evaluation Other Office Infrastructure Review Expert Advice & Feedback Click here to view full details (PDF) This audit will provide invaluable insight into your IT infrastructure…

  • 70% of Young Workers Break IT Rules

    Accellis Technology Group
    12 Jan 2012 | 1:19 pm
    According to a recent Cisco survey, seven out of ten (70%) young employees break their companies’ IT policies regularly. This is dangerous for your law practice for a multitude of reasons. Below are the Cisco stats; each will come with subsequent analysis so you know what this means for your law firm. The most common reasons for breaking IT rules are: 33% don’t think they are doing anything wrong This is dangerous for any law firm. It’s like playing poker with my Grandma. She has no clue what’s going on and ends up going ‘all in’ with a pair of threes. The rest of us, who know how…

  • Amicus Attorney Premium Edition 2012: What’s New?

    Accellis Technology Group
    6 Jan 2012 | 3:02 pm
    The 2012 version of Amicus Attorney Premium Edition boasts bold new features that really add a lot of value to the software. Let’s take a look: Documents Amicus really turned up the heat with fully integrated document management. In 2012, under your Office, Dalies, Favorites, Files, Calendar, etc., tabs, there is now a Documents tab. Here you can find and search for all firm documents, including full text search. It’s the centralized access of all your documents, which is critical to true document management. Without a single console to search for documents through you’d have to…

  • A Portal to Your Past: Powerful Lessons from Facebook’s Timeline

    Accellis Technology Group
    21 Dec 2011 | 11:44 am
    The new Facebook Timeline feature represents a shift in how we catalog our lives. It’s both a history textbook and a time machine, making you both an author and an astronaut. Your destination is whatever triumph or tragedy you wish to visit, and there’s no price for admission. Facebook’s transition to Timeline makes it more than just another social network – it’s a database that documents the evolution of your mind over the course of your existence – one with hyperlinks to different times, places, people and thoughts. In this article, we’ll explore the impact Timeline has on the…

  • Review: The Kindle Fire in Action

    Accellis Technology Group
    7 Dec 2011 | 2:02 pm
    I’ve now owned the Kindle Fire for close to a month. I’m very impressed with it but there are a few shortcomings as you might expect. As mentioned in the previous review of the Kindle Fire, what you intend to use it for will help determine whether the Fire is right for you, or if you should step up to the iPad. Here’s the primary difference between the two: Fire is for content consumption, the iPad is for both content consumption and content creation. I’ll just come out and say it: from a consumption standpoint Fire is all you need. And, at about $500 less than iPad, you have an…
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    Law Shucks

  • Why Are Lawyers Still Expecting Spring Bonuses?

    lawshucks
    20 Jan 2012 | 4:32 pm
    Exhibit A: The Goldman Bonus ‘Bloodbath’ By bloodbath, we’re talking bonuses ranging from flat to down 30 or 40%, depending on area, but at least base pay is flat, unlike… Exhibit B: Bonus Watch ’12: JPMorgan First year associate base pay down to $120 from $125, second years to $140 from $150, bonuses flat. Exhibit C: Layoffs Watch ’12: Jefferies Layoffs from MDs to admins Exhibit D: Morgan Stanley beats expectations with cost cuts It was the last among major banks to dive into the Wall Street layoffs bloodbath last year, announcing plans only in mid-December to…

  • Ropes Lawyer at Center of West Memphis 3 Media Frenzy

    lawshucks
    20 Jan 2012 | 1:03 pm
    Peter Jackson, who looks like the hobbits he’s currently directing, also does some side project passion work advocating, through a documentary, for the release of the West Memphis Three.  Basically, three Arkansas then-teenagers who were convicted of murdering three second graders.  The convicts’ (and many of the victims’) advocates have long held that the three were wrongly convicted. Jackson financed the film “West of Memphis,” which purports to show all of the defects in the investigation and prosecution.  The film is currently screening at Sundance, and it…

  • Is Simpson Out-Wachtelling Wachtell?

    lawshucks
    19 Jan 2012 | 12:52 pm
    Wachtell’s herculean efforts to keep management in place are legendary.  Marty Lipton invented the poison pill for crying out loud. But that was 30+ years ago. Now it looks like Simpson Thacher has come up with the most-recent tool to protect management. Eliminating stockholders’ rights to take a company to court. In Carlyle Group’s pending IPO, Simpson has included a checklist of pretty much every issue that has irked management of companies that have gone public. The Deal Professor calls this an “unfriendly” IPO, but that’s an understatement. The…

  • Skadden Alum Gets Big IB Promotion

    lawshucks
    17 Jan 2012 | 3:38 pm
    David Kurtz left Skadden almost a decade ago, so this doesn’t qualify for the Lateral Tracker, but we always like to see our former brethren doing well. Kurtz (BA, JD Case Western Reserve), now 57, is the new global head of restructuring at Lazard. Restructuring banking is filled with former lawyers. Interestingly, one catalyst for the move may have been overtures by Evercore to hire Kurtz.  Evercore also recently made a play for former Cleary partner Jim Millstein (yes, he’s also famous for being the son of Weil Gotshal’s Ira Millstein).  Millstein eventually decided to…

  • Kindler Disses Alma Mater Cravath

    lawshucks
    12 Jan 2012 | 5:26 am
    The WSJ is surprised Rob Kindler showed up in a $68 million deal.  The head of M&A at Morgan Stanley is usually involved in much bigger deals – according to the press release announcing his hire from JP Morgan, he had worked on $200 billion worth of deals from 2000 to 2006. And of course, he’s most beloved around here for his 20 years at Cravath. But that didn’t cause him to use his old firm in the sale of a company in which he was invested. Apparently, he had a significant stake in De Novo Legal, which sold out to Epiq Systems.  Interestingly, Kindler is a personal…
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    CFTC LAW | Forex, Futures and Derivatives Regulatory News

  • FCMs pass CFTC review

    Felix Shipkevich
    26 Jan 2012 | 7:35 am
    FCMs pass CFTC reviewThe CFTC has completed a limited review of registered Futures Commission Merchants (“FCMs”) ordered as a result of the MF Global bankruptcy. The findings, released this week, show that all FCMs with segregated or secured funds were fully in compliance with CFTC regulations. The Commission was checking FCMs holding 4d segregated funds or Part 30 secured amount funds to ensure that customer funds were protected and firms were in compliance with CFTC regulations. Of the 120 registered FCMs, 70 held segregated or secured funds and were subject to review. According to the…

  • MF Global claim deadline: January 31

    Elan Mendel
    25 Jan 2012 | 8:23 am
    MF Global claim deadline: January 31MF Global trustee James Giddens has sent a warning to all former clients seeking funds from the collapsed commodities broker to file the claims by January 31. Those who fail to file by this deadline risk not recovered their missing funds or securities. Those claims filed by 11:59pm on the 31st will be protected to the full extent of the law, and be considered in future distributions of assets. Even those who have already received distributions or account transfers should file claims. Other claims against MF Global, including general estate claims, made be…

  • SIFMA/ISDA position limits suit dismissed by appeals court

    Felix Shipkevich
    24 Jan 2012 | 9:20 am
    SIFMA/ISDA position limits suit dismissed by appeals courtAn appeals court in Washington D.C. has thrown out a lawsuit brought by the Securities Industry and Financial Markets Association and the International Swaps and Derivatives Association challenging the CFTC’s new position limits regulation. The court says that the case must first be heard by a lower court before it can be argued before the appeals court. “There is no express congressional authorization of direct appellate review applicable to the petition for review in this case,” explained the three-judge panel in a…

  • CFTC fines long-running Ponzi scheme

    Felix Shipkevich
    20 Jan 2012 | 8:27 am
    CFTC fines long-running Ponzi schemeThe CFTC has secured a federal consent order against Texas resident Larry Benny Groover for defrauding customers and misappropriating client money as part of a foreign exchange (“forex”) Ponzi scheme. Groover has been ordered to pay $2.69 million in restitution and civil monetary penalty. Relief defendant Joanne Groover is also required to disgorge the $44,890 in ill-gotten gains she received as a result of her husband’s misconduct. According to the court order, from June 18, 2008 to February 2, 2010, Groover fraudulently solicited about…

  • BNY reaches partial settlement in federal case

    Elan Mendel
    19 Jan 2012 | 10:22 am
    BNY reaches partial settlement in federal caseBNY Mellon has reached a partial settlement with the the U.S. Attorney’s office in connection with charges that the custody bank defrauded large institutional customers, including several state pension funds, by overcharging them for foreign exchange (“forex”) transactions. This settlement addresses only the section of the case aimed at forcing BNY to reveal its methods for deciding forex exchange rates for each customer. The bank has agree to disclose how it formulates exchange rates for customers who buy and sell foreign…
 
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    The Litigation Consulting Report

  • Litigation Graphics in White Collar Cases

    Ken Lopez
    26 Jan 2012 | 7:58 am
    White-collar criminal litigation is one area in which practitioners have not been as quick to adopt the use of litigation graphics as in other litigation areas such as intellectual property, environmental litigation, or products liability. However, we are seeing more white-collar work at A2L Consulting than ever before. It seems that defense lawyers are realizing that these days, many federal criminal laws, and alleged violations thereof, can be just as complex as a patent dispute or a commercial case.  Our white-collar criminal work usually involves helping an…

  • Explaining the Value of Litigation Consulting to In-House Counsel

    Nina Doherty
    24 Jan 2012 | 4:00 pm
    by Nina DohertyNational Director, Business DevelopmentA2L Consulting  In an era in which clients are scrutinizing their legal bills and negotiating discounts and alternative fee arrangements with their law firms, it is no surprise that they are also looking closely at the bottom line when it comes to litigation support costs. Of course, that includes the costs of litigation graphics, trial technology, and the other litigation consulting services that we provide. In the typical piece of litigation, most of those costs are incurred in the months and weeks just before trial – and they…

  • 3D Printing to Change Courtroom Demonstrative Evidence

    Ken Lopez
    17 Jan 2012 | 9:43 am
      At first it sounds like something out of science fiction, but 3D printing has arrived – and it can be very helpful to the litigator and litigation consultant. In 3D printing, which was invented in 2003, the user either electronically sculpts or scans nearly any object into the printer, using a computer-assisted design (CAD) program to tinker with the color and shape of the object when necessary. It can be a hand tool, an architectural model, an auto part – nearly anything within a reasonable size limitation. The printer does the rest. When you press “print,” the…

  • Courtroom Graphics in Mining Cases (e.g. Coal, Gold, Copper, Uranium)

    Ken Lopez
    9 Jan 2012 | 10:20 am
    Because of the continuing high value to society of minerals that are mined from the earth, mining litigation, when it occurs, often involves very high stakes.  This is all the more true in our high-tech era, in which a wide variety of minerals have found new, very valuable uses in cutting-edge scientific and industrial applications. For example, one little-known “rare earth” metallic element, dysprosium, is now used in laser materials, commercial lighting, control rods in nuclear reactors, hard disks, drive motors for hybrid electric vehicles, and high-precision fuel…

  • Making Good Use of Trial Director & Demonstratives in an Arbitration

    Ken Lopez
    5 Jan 2012 | 6:26 am
    TrialDirector, a trial presentation software package produced by InData, is an indispensable aid to the presentation of electronic and other evidence at trial. There is a reason why this product has claimed the majority of the market share for trial presentation software for more than 10 years: It can actually make it interesting for a jury or other fact-finder to listen to a witness testify about corporate balance sheets, long-ago emails, and other documents that can be fatally boring and lose the attention of the fact-finder.  At A2L Consulting, we have been using TrialDirector to…
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    Bill Mange Blog

  • Observations and questions about the APD arrest of West Point graduate Antonio Buehler (Part 3 of 3)

    billmange
    23 Jan 2012 | 11:09 am
    Please watch these videos before you read further. If you don’t watch them, you won’t understand I say below. When put on the spot, some officers will complain that you don’t know the streets the way they do, or deal with the dangerous scumbags they have to deal with. Well, it’s true I don’t know the streets of Austin the way the officers do. Years ago, when I was a prosecutor, I occasionally rode with police officers late at night in the worst parts of town, but I do not claim to know the streets of Austin as the police do. But I think it’s safe to say that Antonio Buehler has…

  • Observations and questions about the APD arrest of West Point graduate Antonio Buehler (Part 2 of 3)

    billmange
    15 Jan 2012 | 9:46 pm
    Please watch the videos at the beginning of my last post, or you won’t understand what I’ve written below.  Is it probable that Antonio Buehler spat at Officer Oborski?  Let’s start by examining what we know about Mr. Buehler.  Antonio Buehler not only graduated from the United States Military Academy at West Point, and the Army Ranger School, but also the Graduate School of Business at Stanford.  Let’s start with Mr. Buehler’s admission to West Point.  Good grades and a high SAT score alone will not get you into West Point.  http://www.youtube.com/watch?v=xrtPLrs6uWg…

  • Observations and questions about the APD arrest of West Point Graduate who photographed rough treatment of woman (Part 1 of 3)

    billmange
    8 Jan 2012 | 9:57 am
    Please watch these videos before you read further.  If you don’t watch them, you won’t understand I say below.     http://www.youtube.com/watch?v=qNVZDpGCKks http://www.youtube.com/watch?v=ZobWmgC5OQk Now, not all the facts are in and I don’t presume to pass judgment on what happened.  Just as Antonio Buehler should be presumed innocent and given due process, so should Officer Oborski.  All I’m doing here is making observations, asking some questions, and thinking about what happened. I know Officer Oborski professionally.  He is intelligent, highly motivated, and a…

  • The hard questions

    billmange
    14 Dec 2011 | 11:45 am
    What is “justice”? It’s a hard question, isn’t it? Simply muttering platitudes such as “justice means doing the right thing” doesn’t really answer the question, does it? Because that just leaves you with the question “well, what is doing the right thing?” “What is justice?” is the kind of question that Socrates once asked Athenian judges in front of hundreds of people. Much to their embarrassment, they couldn’t satisfactorily answer the question. My point is this: people have always had difficulty defining “justice,” but they know “injustice” when they see it.

  • Oh, your blood test result is 0.100, give or take 20%.

    billmange
    20 Nov 2011 | 3:10 pm
    Suppose you went to your bank’s ATM to check your balance and found that, lo and behold, you have 20% more money than you thought you had. How would you react? I would start with “woo hoo!” and then I’d go check my records to see what the discrepancy was. Some news appears too good to be true and I don’t want to go spend money and then have the bank withdraw even more from my account to correct their mistake. Conversely, suppose you went to your bank’s ATM and found that, oh no, you have 20% less money than you thought you had. How would you react? You might worry about how…
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    Shpoonkle.com

  • Dangerous Recalls

    Bubbie
    28 Jan 2012 | 6:26 am
    The U.S. Consumer Product Safety Commission, along with the companies named below, announced a voluntary recall of the following consumer products. Target sold 6-pc. LED Flashlight Sets nationwide from October 2010 through December 2011 for about $10 per set.  They are made of silver plastic with black rubber around the handle and light base. The flashlight sets have UPC code 490021010049 printed on the back of the package. When turned on, the flashlights can heat up, smoke or melt, posing fire ...Keep Reading

  • Dirty Money

    Bubbie
    27 Jan 2012 | 6:45 am
    You might want to launder it, but it is much easier if you just wash your hands. Washing your hands more often is what the Center for Disease Control recommends. But washing your hands too often can be worse because it removes from the skin its antimicrobials (natural skin protectors) making you more susceptible to bacteria. In Japan, money can be taken to a special type of ATM, where, in less than a second, it is completely sanitized. The thing about money is you never know where it has b ...Keep Reading

  • Radioactive Tissue Boxes

    Administrator
    26 Jan 2012 | 5:48 am
    According to NBC News, Bed, Bath, & beyond is recalling its metal tissue boxes after California health officials found a shipment to be radioactive. The Nuclear Regulatory Commission notified health officials that a shipment of metal box tissue holders going to Bed, Bath & Beyond stores contained low levels of Cobalt-60. It was discovered when radiation alarms went off around a truck carrying Bed, Bath, & Beyond goods in California.. Officials think that the metal used in radiation t ...Keep Reading

  • Alternative Energy and Hybrid Autos

    Bubbie
    25 Jan 2012 | 5:47 am
    Alternative energy cars also known as hybrid cars are nothing new. Jay Leno has 3 of them in his large collection of antique autos. The Baker Electric is one of them, manufactured by the Baker Motor Vehicle Company from 1899 to 1914. They were different from other cars of the period, because they did not need any cranking. They used alkaline batteries, invented by Edison, that could be washed out and refilled and can last forever. In 1914, Baker Motor Vehicle Co merged with Cleveland automaker ...Keep Reading

  • Debt Collection Laws

    Bubbie
    24 Jan 2012 | 5:41 am
    In these awful economic times thousands of unemployed families have used up their savings, unemployment benefits, run their charge cards up and over the limits and have missed payments and become deeply in debt. The nasty collection phone calls have started, the mail is mostly dunning letters and you do not know what to do or say to whom. You just want it all to stop. You have some protections from debt collectors and you should know what they are. The Fair Debt Collections Practices Act has ...Keep Reading
 
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    Africa Music Law™

  • Like Me or Not, I’mma Stay on My Hustle – D’Banj Releases New Music Video the ‘Entertainer’

    AfricaMusicLaw™
    25 Jan 2012 | 10:26 am
    It’s almost as if D’Banj is saying, “like me or not people, I’mma stay on my hustle.” He releases his new music video and prepares for a concert in New York next month. My view? D’banj you ain’t got no choice. You need to stay on your hustle. You need the people to like you, even if it ain’t your country people. Bills need to get paid, lifestyles need to be maintained. Excuse the sarcasm. In any event, hopefully lots of lessons learned from the whole politics experience. Catch his new video below: I’ll catch you all later. Have a great day…

  • It’s a Mix Up! I NEVER Said I Created the Term “Afrobeats’- DJ Abrantee Speaks On it!

    AfricaMusicLaw™
    25 Jan 2012 | 10:18 am
    The Media is often accused of misquoting celebrities when in fact they get it right. At the same token, celebrities are often misquoted by media. Either way, DJ Abrantee has issues with a recent claim by the Guardian, who allegedly misquoted him, as the one who coined the term ‘Afrobeats.’ My view? He may not have coined the term but he sure has helped in reviving the term. Should he brag about it? It depends how he does it. On a music CV, he can list that. Otherwise, they say get someone else to carry your story and it goes a mile longer. Either way, DJ Abrantee you addressed it,…

  • 7 Music Business Principles to Live By in 2012

    AfricaMusicLaw™
    20 Jan 2012 | 10:05 am
    I am in the legal trenches right now i.e. trial work i.e. middle of litigation. But you guys, please believe nothing goes by me and I have a truckload of legal drama to discuss with you all. We just finished #OccupyNigeria. I’mma speak on it once I come up for air. For now, let’s really get 2012  poppin’ shall we? Artists, indie label owners etc., in 2012, my advice below will be the difference maker between living off your music versus trying to get by. It’s your call, you play it how you want to. 7 Business Principles to Live by in 2012 1. Be about your business of…

  • #OccupyNigeria Movement Washington DC- Call to Action, Protest January 18th, 2012 at Nigerian Embassy

    AfricaMusicLaw™
    17 Jan 2012 | 9:54 am
    On January 1st 2012, the Nigerian people at home and in the Diaspora awoke to the unitary imposition of Petroleum Taxes on the citizens of the United Nations of Nigeria. This precipitous decision by President Goodluck Jonathan’s administration occurred on the same week that Nigerians were slaughtered in Niger State during a Christmas Day service by the regional northern Nigerian organization Boko Haram. In evoking the memories of the Nigerian and Biafra genocidal war the erstwhile organization also called on all Christians in the north to head back to the south irrespective of their years…

  • Has D’Banj Lost the Respect and Trust of Nigerians?

    AfricaMusicLaw™
    16 Jan 2012 | 4:39 pm
    Today, President Goodluck Jonathan sent the Nigerian army into the streets of Lagos to prevent protesters from continued protesting. This action was after his seeming unilateral move to raise fuel prices from 65Naira to 97 rather than the initial 141Naira which sent millions out in peaceful protest. Nigerians including Governor Fashola have rebuked the President’s action arguing Nigeria is now a democracy and such action was/is inappropriate. While the country and millions ponder the past week leading up to today and the implications for Nigerians, an artist that was nowhere to be…
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    New Jersey Injury Attorney Blog

  • Fatal Bernardsville Car Accident Involves Cement Mixer

    27 Jan 2012 | 6:52 am
    A 36-year-old driver of a cement mixer was killed in a New Jersey car accident involving two other vehicles. According to a news report in The Star Ledger, the fatal truck accident occurred on Route 202 at Whitenack Road in Bernardsville. Officials are still investigating the cause of the fatal collision. The driver of the truck succumbed to his injuries after being flown to the hospital. A 24-year-old woman was also flown to a hospital with unknown injuries and a third driver, a 53-year-old woman, was treated and released for her injuries. The photos from the crash site show that the impact…

  • Dump Truck Overturns Killing New Jersey Woman in SUV

    26 Jan 2012 | 6:48 am
    A woman was killed in a recent New Jersey car accident after a dump truck overturned and crushed her SUV. According to a news report in The Courier Post, the fatal truck accident occurred on Haddonfield-Berlin Road near Morris Drive in Cherry Hill. Officials say a vehicle making a left turn forced the dump truck driver to swerve out of the way, causing the sand in the dump truck to shift and making it tip over onto the SUV. The woman inside the SUV was fatally injured in the crash. Neither the dump truck driver nor the driver of the turning car was injured. It is unclear if either of them…

  • What to Do if You Have Been Injured in a New Jersey Bus Accident

    25 Jan 2012 | 7:29 am
    Victims of New Jersey bus accidents may seek financial compensation for their injuries, damages, and losses from the at-fault bus driver and the bus company. Unfortunately, it is common for victims to have their claims denied and for insurance companies to cut corners by offering inadequate settlements. To protect your rights, here are a few tips you may wish to consider in the event you or a loved one is injured in a bus accident. Any time there is an injury accident involving a bus, there should be a police report on the incident. It is important that your name is on the police report…

  • Three Injured in Egg Harbor Township Car Accident

    24 Jan 2012 | 7:26 am
    Three people were injured in a New Jersey car accident after a car veered into oncoming traffic. According to a news report in The Press of Atlantic City, the car crash occurred on Ocean Heights Avenue in Egg Harbor Township. Officials say a 38-year-old man let his car cross a double yellow line before striking a car driven by a 47-year-old man. The two drivers and a 36-year-old passenger were all trapped inside their vehicles. They all suffered what were described as minor to moderate injuries. The first driver was charged with failure to maintain his lane, as well as failure to wear a…

  • Man Killed in Sussex County Rollover Accident

    23 Jan 2012 | 7:22 am
    A 77-year-old man was killed in a Sussex County car accident after his pickup truck was hit by another vehicle. According to a news report in The Star Ledger, the fatal car crash occurred where Route 15 crosses Ice Plant Road in Lafayette. Officials say the man was traveling west when a southbound 2003 Honda Civic, driven by a 23-year-old woman, struck the man's 2002 Toyota pickup truck. He suffered head injuries and was pronounced dead at the scene of the crash. Officials do not believe that he was wearing a seatbelt at the time of the accident. The woman involved in the crash suffered leg…
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    Bay Area Bankruptcy Lawyer Blog

  • It Is Possible to Avoid Foreclosure in Chapter 13 Bankruptcy

    Jon G. Brooks
    27 Jan 2012 | 9:01 am
    Long before the current foreclosure crisis in California, I met with hundreds of San Jose homeowners desperate to save their home from foreclosure. Yes, even when times were relatively “good” for many, there have always been many Californians who have faced foreclosure due to job loss, sudden illness, failure of a small business, and other factors. Of course, back in the early and mid 2000s, when everyone, it seemed, had lots of equity in their homes, San Jose foreclosures tended to move a good deal more swiftly. After all, the lender could be assured of receiving the full balance…

  • Bankruptcy “Credit Counseling” and “Debtor Education” Course Requirements Don’t Have to Be a Drag

    Jon G. Brooks
    21 Jan 2012 | 3:25 pm
    Bankruptcy information is everywhere on the Internet. In recent years many more prospective clients come into my office already armed with a good deal of knowledge about filing personal bankruptcy. Many have read online articles about Chapter 7 bankruptcy, stopping a wage garnishment, Chapter 13 lien stripping, and many other issues of bankruptcy debt relief. No wonder, as bankruptcy lawyers in the bay area and across the country have made unprecedented amounts of bankruptcy information available to consumers through blogs and elsewhere. One aspect of filing bankruptcy, though, that often…

  • How to Find a Great Bankruptcy Attorney in San Jose

    Jon G. Brooks
    15 Jan 2012 | 12:33 pm
    If you’re struggling with debt that you cannot afford to pay, whether it’s a mortgage payment greater than one third your monthly income, high credit card balances, a home equity line from a foreclosed property, medical bills, or whatever the source, you are most likely being bombarded by collection bullies who lie and browbeat you and try to make you feel like an irresponsible person. Add to that the barrage of tv commercials from debt consolidation outfits who further try to steer you into paying more than you can afford by painting personal bankruptcy in a bad light, as though…

  • Why Small Business Failures So Often Trigger a Personal Bankruptcy

    Jon G. Brooks
    7 Jan 2012 | 2:45 pm
    I regularly meet with prospective clients who want to file a bankruptcy for their failing small business who believe that they themselves have little or no debt. Perhaps they own a small dry cleaner, convenience store, or retail store front. Given that I practice bankruptcy in Silicon Valley, many of these small business owners have other jobs as engineers, academics, or other professionals. Commonly, the owners of failing small businesses believed they did everything to shield themselves from the liabilities of their business by forming a corporation or LLC to operate the business and avoid…

  • Why You Should Never Repay Money You Owe Mom Before Filing Bankruptcy

    Jon G. Brooks
    1 Jan 2012 | 7:04 pm
    Given the choice of paying back debts to strangers, like credit card companies, and paying back a debt to a family member, friend, or other “insider,” nearly everyone would of course choose to pay back the family member first, right? Of course they would. Doing so within one year before filing bankruptcy, however, may be the single most damaging action a debtor can take before filing his bankruptcy case, at least as far as his family member is concerned. This is because the Bankruptcy Code, in Section 547(b), provides the bankruptcy trustee with the power to recover or “avoid” such…
 
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    RFPattorney Blog

  • So you started a law blog… what’s next?

    RFPattorney
    26 Jan 2012 | 9:16 am
    Starting a law blog (or blawg*) can be an exciting experience for any lawyer.  A new shiny site, some great posts ready to go, an ‘at-a-boy from your firm for great initiative, and the desire to show the world you are the go-to-lawyer in your niche.  Yet, like many blogging neophytes, there inevitably comes a point when the excitement fades and you can’t seem to figure out why you can’t grow your readership.   What to do?  Of course, there are the standard tips that have been well covered: use search engine keywords, share across social media platforms, enable RSS and email…

  • Ready, Set, Connect — Official Launch of RFPattorney

    RFPattorney
    18 Jan 2012 | 9:25 pm
    We are pleased to announce the official launch of RFPattorney.com – a disruptive online legal services marketplace improving access to practicing attorneys by leveraging niche expertise and industry knowledge, content, and social media. Check out our press release to learn more.

  • Don’t just create a business plan, create an action plan

    RFPattorney
    12 Jan 2012 | 8:28 am
    Quick note: The RFPattorney team has been hard at work over the last few months fine tuning our site and working out the kinks.  Good news… the official launch of RFPattorney.com is less than a week away.   Until then… January is upon us, and as with any new year, likely chock full of resolutions.  Eat right, exercise more, the usual.  For lawyers, we often add yearly business plans to the mix… a good of reason as any to delay those workouts.  For many, this is the time of year we put pen to paper and craft an overview of our business development goals for the coming year (or for…

  • Tip: Getting Started on RFPattorney

    RFPattorney
    7 Nov 2011 | 10:29 pm
    On RFPattorney, your cutting edge web Presence can be up and running today in a matter of minutes.   To get started and begin connecting with new clients, follow these few simple steps: Register your account. Add your basic information – pic, firm, bar admissions, etc. Choose your niche from our comprehensive list – either an industry you serve or a legal service you provide.  Our niche-based system allows you to better organize your content and provides a better connection with potential clients. Create your Presence and add your content.  Our dynamic application automatically…

  • Content Marketing For Attorneys – The Basics

    RFPattorney
    3 Nov 2011 | 12:56 pm
    “Content Marketing” . . . you may have heard this term a lot lately, it’s a very popular buzz phrase.  Thus, we thought we would take a moment to discuss the basics of content marketing for attorneys, as well as a few helpful tips. Essentially, content marketing refers to the creation, publication, and sharing of original content for the purpose of engaging prospective clients, referral sources, and others. Types of content can include articles, presentations, newsletters, case studies, blog posts, white papers, videos….  Really, anything that engages readers,…
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    Personal Injury Lawyers | Ledger & Associates

  • Family Struck By Automobile Retains The Law Offices of Ledger & Associates

    Personal Injury Law Firm LedgerLaw.com 800-300-0001
    27 Jan 2012 | 6:53 pm
      Family Struck By Automobile Retains The Law Offices of Ledger & Associates is a post from: Personal Injury Lawyers | Ledger & AssociatesFamily Struck By Automobile Retains The Law Offices of Ledger & Associates is a post from: Personal Injury Lawyers | Ledger & Associates

  • Wrongful Death Considerations

    Steven
    6 Jan 2012 | 11:45 pm
    A wrongful death is one of the more tragic causes of action that an attorney handles. A loved one in the prime of life, or even someone elderly who has died from nursing home abuse or any other negligent act has many emotional elements. A wrongful death claim is based on the death of someone [...]Wrongful Death Considerations is a post from: Personal Injury Lawyers | Ledger & Associates

  • Safety and Bus Accidents

    Steven
    6 Jan 2012 | 11:42 pm
    Bus accidents may not be as common as passenger vehicle accidents, but the consequences from one can be as serious and deadly as the worst auto collisions. Buses obviously weigh more than passenger vehicles and have wider turning angles. Also, the majority of buses do not have seat belts and they are not required to [...]Safety and Bus Accidents is a post from: Personal Injury Lawyers | Ledger & Associates

  • How To Find The Best Lawyer For Your Car Accident Injury

    Personal Injury Law Firm LedgerLaw.com 800-300-0001
    29 Dec 2011 | 12:25 pm
    One important thing to remember when trying to locate the perfect lawyer is to have a lawyer that works with you and is compatible to your needs. If you choose a lawyer that does not pay attention to you or is not working as hard as you need, you may end up losing your case. [...]How To Find The Best Lawyer For Your Car Accident Injury is a post from: Personal Injury Lawyers | Ledger & Associates

  • Hit and Run Accident Involving a House

    Barry
    15 Dec 2011 | 10:10 pm
    Sometimes the logic of a driver in a car accident escapes everyone.  Imagine a driver smashing his car through the side of a home and then disappear.  Luckily no one was in the home at the time of the accident. The driver did not pull his car out of the home to escape.  He left the [...]Hit and Run Accident Involving a House is a post from: Personal Injury Lawyers | Ledger & Associates
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    Disability Attorney Law Firm Dell & Schaefer

  • Duke University Doctor sues UNUM Life Insurance Company for long term disability benefits

    Gregory Dell
    26 Jan 2012 | 5:10 am
    Dr. Karen M. and her North Carolina disability attorney filed a lawsuit against UNUM in the United Stated District Court for the Eastern District of North Carolina to acquire her long term disability benefits. The beneficiary of disability benefits under a plan provided through her employer Private Diagnostic Clinic PLLC at Duke University Medical Center, Dr. Karen ceased working as a general practitioner on February 23, 2007. Dr. Karen suffers from “severe cognitive dysfunction that included executive function, memory loss, peripheral neuropathy, gait disturbance (impaired tandem…

  • California Consultant sues Northwestern Life Insurance Company for unpaid disability benefits

    Gregory Dell
    25 Jan 2012 | 5:32 am
    Northwestern Insurance beneficiary Todd W. and his California disability attorney‘s complaint against the insurer accuses Northwestern of breach of the Duty of Good Faith and Fair Dealing and Breach of Contract in response to its denial of Todd W.’s disability benefits. Citing an advertisement of Northwestern Insurance Mutual Life Insurance Company as the reason why Todd W. first purchased a Northwestern benefits policy, Todd W.’s disability attorney accuses the insurer of “hooking” potential disability benefit customers by promising peace of mind, only to breach…

  • At least five lawsuits were recently filed in Florida District Courts against Prudential for non-payment of disability benefits to deserving claimants

    Gregory Dell
    24 Jan 2012 | 6:29 am
    With at least five suits filed against them in July for denying disability benefits, Prudential Insurance Company of America has a lot of unhappy claimants in Florida. Darlene H. v. Prudential Insurance Company On July 25, 2011, Darlene H. and her Florida disability attorney filed suit against Prudential when the insurer failed to pay her disability benefits as expected. In the complaint, filed in the United States District Court of Florida, Tampa Division, Darlene and her disability attorney accuse the insurer of having a conflict of interest in deciding whether or not to pay out disability…

  • Electrical assembly worker for Northrop Grumman files a complaint against UNUM for denial of long term disability benefits

    Gregory Dell
    20 Jan 2012 | 4:19 am
    Fifty-nine-year old, former Northrop Grumman Corporation employee Rita L. and her Utah disability lawyer filed suit against UNUM Life Insurance Company and her employer in Federal Court in Utah. Claiming that the UNUM Plan Administrator erroneously denied Rita her disability benefits, the complaint asks the District Court to right this wrong. An employee of Northrop Grumman Corporation for 24 years as an electrical assembler, Rita “developed a series of chronic severe health problems which gradually worsened over time.” At the time of her application for her disability benefits…

  • CIGNA under fire in Minnesota Federal Court for termination of claimant’s disability benefits

    Gregory Dell
    18 Jan 2012 | 5:10 am
    Beverly S. and her Minnesota disability attorney filed a lawsuit against CIGNA in the United States District Court for the District of Minnesota in an effort to procure her entitled disability benefits. A former employee of Medica Heal Plans (Medica) since May 26, 2006, Beverly S. became disabled in June of 2008 when she “developed increasing difficulty functioning” in the performance of her job due to “various medical problems. These medical problems included “rheumatoid arthritis, ovarian cancer, the after-effects of chemotherapy for ovarian cancer, fibromyalgia,…
 
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