• Most Topular Stories

  • James Woods’ Lawsuit Is Kinda Scary, Kinda Awesome, And Really Important

    Above the Law
    Elie Mystal
    31 Jul 2015 | 2:31 pm
    James Woods has a legitimate complaint... which might ruin Twitter, but still.
  • The First Green Building Litigation. The Rest of the Story.

    Green Building Law Update
    Stuart Kaplow
    19 Jul 2015 | 10:54 am
    It was widely reported that the first green building litigation in the country was the 2007 trial court case of Southern Builders, Inc. v. Shaw Development, LLC, in the Circuit Court of Maryland for Somerset County, case no. 19-C-07-011405. In the spirit of Paul Harvey’s “The Rest of the Story” radio program, last week I telephoned Jim Shaw, of Shaw Development, to follow up, ..   In the Southern Builders case, disputes and difference arose out of the construction of a $7.5 Million, 23 unit luxury condominium and restaurant project in Crisfield, Maryland, called…
  • Lawyers debate campaign financing, voter restrictions and other election issues

    ABA Journal Daily News
    1 Aug 2015 | 8:24 am
    Believe it or not, there are plenty of hot-button and controversial topics relating to the upcoming 2016 presidential election that have nothing to do with…
  • New Rules Limit Impact of Law School-Funded Jobs

    Law Blog
    Sara Randazzo
    31 Jul 2015 | 6:21 pm
    Law school graduate employment rates are about to look a little worse at some schools in the wake of a new proposal adopted Friday by accreditors. During a meeting in Chicago, the American Bar Association’s accrediting arm voted to limit the amount of credit schools get for paying to find graduates jobs. Through what are [...]
  • Set goals that actually produce results

    PLI SmartBrief
    31 Jul 2015 | 7:05 am
    Good leaders set smart goals for their workers, writes Andre Lavoie, CEO of ClearCompany.  -More- 
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    Law Blog

  • New Rules Limit Impact of Law School-Funded Jobs

    Sara Randazzo
    31 Jul 2015 | 6:21 pm
    Law school graduate employment rates are about to look a little worse at some schools in the wake of a new proposal adopted Friday by accreditors. During a meeting in Chicago, the American Bar Association’s accrediting arm voted to limit the amount of credit schools get for paying to find graduates jobs. Through what are [...]
  • New Law School Courses Explore Nietzsche, Guns and Bible

    Jacob Gershman
    31 Jul 2015 | 1:56 pm
    A trip to a shooting range, a deep dive into Nietzsche and an exploration into what's ailing American cities. These are among the adventures that law school students can look forward to this fall.
  • Lawsuit Claims CVS Health Overcharges for Generic Drugs

    Jacob Gershman
    31 Jul 2015 | 9:32 am
    Attorneys representing CVS Health Corp. pharmacy customers are accusing the company of deliberately inflating prices for generic drugs.
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  • My radio appearance in Charlottesville

    Walter Olson
    1 Aug 2015 | 11:22 am
    You can listen via guest host Rick Sincere’s column at the Virginia political blog Bearing Drift. Tags: on TV and radio, Virginia My radio appearance in Charlottesville is a post from Overlawyered - Chronicling the high cost of our legal system
  • “Danny Trejo Does A Lawyer Ad”

    Walter Olson
    1 Aug 2015 | 8:56 am
    Not the first time a Hollywood figure has lent his name to attorney promotion, but with a better-than-average disclaimer: “Danny Trejo is not an attorney or a client. He’s a paid badass.” [Lowering the Bar] Tags: chasing clients, movies film and videos “Danny Trejo Does A Lawyer Ad” is a post from Overlawyered - Chronicling the high cost of our legal system
  • Rent control in Stockholm

    Walter Olson
    31 Jul 2015 | 3:32 am
    The insanity — and the 10 to 20 year waits — of housing regulation in the Swedish capital [Alex Tabarrok] Tags: landlord tenant law, Sweden Rent control in Stockholm is a post from Overlawyered - Chronicling the high cost of our legal system
  • “Only two of the estimated 232,000 class members claimed the coupons”

    Walter Olson
    31 Jul 2015 | 2:43 am
    “Only two of the estimated 232,000 class members claimed the coupons” in a class action led by Edelson McGuire LLP. Defendant Dick’s Sporting Goods “agreed not to oppose the plaintiff’s request for $210,000 in attorney fees and costs and a $3,500 incentive award,” but an Orange County, Calif. judge took away a large chunk of that sum because… why? Because some of the lawyers angling for it had not been admitted to practice in California, that’s why. [Kenneth Ofgang, Metropolitan News-Enterprise; Golba v. Dick’s Sporting Goods, unpublished]…
  • Schools and childhood roundup

    Walter Olson
    30 Jul 2015 | 9:05 pm
    “Someone could have put their hand in the window and unlocked the door and taken the kids” [Lenore Skenazy/Free Range Kids; related stories here and here; similar, Illinois Policy] Police warn that plan in Scotland to provide state guardian for every child could backfire in abuse investigations [Telegraph, more on “named person” scheme] Also from Scotland: Law Society says proposed ban on liquor promotion is so broad it might snag parent wearing rugby-sponsor jacket at school pickup [Express] Judge rejects Mississippi school finance suit [Andrew Ujifusa, State…
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    Solo Practice University®

  • So, You’re Taking the Bar Exam in February? Things to Do Now to Prepare

    Lee Burgess
    31 Jul 2015 | 5:00 am
    The latest bar exam has finished up around the country, and now you might be thinking, “Yikes! I am going to take the bar exam next February and that is now just months away. What can I be doing now to prepare?”Written by Lee Burgess
  • On Being Solo….. Again.

    Kevin Camden
    30 Jul 2015 | 5:00 am
    I missed being a solo. All of it. The elations, the fears; the excitement of resolving matters for the client; the lows when you do not prevail on a matter. I missed the variety of things you can do, from area of law to practice management, to client development. I missed being motivated to succeed so as not to lose sleep thinking about paying the bills. Mostly, I missed the freedom to practice law. Written by Kevin Camden
  • A Must Listen Podcast: Insuring the Money Machine – Guest Lecture with Larry Dykes

    Susan Cartier Liebel
    27 Jul 2015 | 5:24 am
    This is a MUST listen podcast. I'm a firm believe in insuring the 'money machine. If you are not insuring the 'money machine' you are making a major mistake. Written by Susan Cartier Liebel
  • Don’t Take Client Indemnity Agreements Lightly!

    Mark Bassingthwaighte
    23 Jul 2015 | 5:00 am
    It’s the call that starts out with so and so company wants the lawyer to be their exclusive local point person and boy it seems like a great opportunity. I always ask the one question these lawyers never seem to think about and the question is this. Is there an indemnification provision in the contract? Written by Mark Bassingthwaighte
  • When Clients Don’t Perceive Value They Default to Price

    Susan Cartier Liebel
    20 Jul 2015 | 5:00 am
    Many lawyers don't understand why they are perceived as better (or worse) than the next lawyer, what their true value is to the client and why they are (or are not) worth their fee. And if they don't know, how are potential clients to know? And when clients don't know why a lawyer is worth their fee, they will shop on price. Period.Written by Susan Cartier Liebel
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    Simple Justice

  • The Other Mob (and the hypocrites who hate it)

    1 Aug 2015 | 5:28 am
    At Vox, Max Fisher did a number on the mob. No, not the mob that most people hate, but the other mob, the one born of righteous anger, and the occasional fun of destroying someone, on the internet. It was putatively about the mob that went after Cecil the Lion killer Walter Palmer, but as the post fleshes out, it becomes clear that Palmer was just the hook. This should look familiar: It is the same set of tactics that has been used in online harassment campaigns such as the “Gamergate” movement that targeted women in technology, or the seemingly endless online harassment…
  • The Dangers of Night Knocking

    1 Aug 2015 | 4:37 am
    The street name, Whispering Woods Lane, sounds quiet, calm and bucolic, though it’s a housing development in Sparta, New Jersey.  Even so, knocking at the front door at 2 in the morning is jarring.  That the three boys meant to knock at the door of the next house doesn’t make it less so. The people inside don’t know that the boys made a stupid mistake. They know that there is an unanticipated knocking in the middle of the night, when they’re asleep dreaming of perfect suburban lawns.  They know that the knocking woke them up. They know that there is pretty much…
  • 1. @Avvo . . . 4. Profit!!!

    31 Jul 2015 | 5:53 am
    For reasons that oftentimes eludes me, I get pitched by new legal tech start-ups, seeking to gain my approval of their business and, gasp, write something nice about them.  Enthusiastic young people, sometimes lawyers, explain to me in glowing terms the fabulous benefits their concept offers, usually in terms of transparency, availability or time-savings. Sometimes, it’s just shiny. Rarely does it go as well as they hope.  There tends to be a few reasons that keep getting in their way. First, they have no clue how lawyers work and what lawyers need. Many of these start-ups claim to…
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    Law and Magic Blog

  • Judge and Defendant Spar Over Wearing of Vodun Beads

    29 Jul 2015 | 1:32 pm
    Fayetteville, North Carolina, defendant Abu-Bakr Abdur Rahman has had two run-ins this month with local judge Talmage Baggett over Mr. Rahman's Vodun beads. The judge objects to Mr. Rahman's wearing of the beads in court. In early July, Judge Baggett locked Mr. Rahman up for refusing to remove the beads after his honor told him to. Mr. Rahman said the beads represented his religion. Here is part of the transcript of their discussion over the beads (from the ABA Journal). BAGGETT: You’re going to have to do better than this. I can’t have that in the courtroom. RAHMAN: First…
  • John Berryman's Magical Short Shories

    26 Jul 2015 | 2:34 pm
    John Berryman used the pseudonym Walter Bupp for his "real magic"/ paranormal short stories. They're available at Project Gutenberg. Links below. Card Trick Modus Vivendi The Right Time Vigorish
  • Magical Language From a Presidential Contender

    25 Jun 2015 | 12:23 pm
    Here. Reacting to the Supreme Court's 6-3 ruling in King v. Burwell, Senator Ted Cruz proclaimed, Today, these robed Houdinis have transmogrified a federal exchange into an exchange, quote, 'established by the State...This is lawless. As Justice [Antonin] Scalia rightfully put it, without objection, words no longer have meaning. Since Justice Scalia has referred to the statute as "SCOTUScare" (or SCOTU-scare, depending on how you want to read it), scare-y, magic, Hallowe'en-y language seems to be the order of the day. Carre-y on.
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    What About Paris?

  • Scouting changes again; as usual, the Washington Blade is there.

    JD Hull
    1 Aug 2015 | 2:16 am
    I was a Boy Scout, and eventually an Eagle Scout, growing up in suburban Chicago and Cincinnati. What I learned in scouting means a lot to me; I use it, probably instinctually, every day. Naturally, national news about changes to BSA's local or field leadership policies interests me. In the 1960s and 1970s, at least in the Cincinnati suburb of Indian Hill, every adult scoutmaster, his adult assistant scoutmasters and all the adult men who pitched in to help at our many, many meetings and (for me, at least) 40 to 50 camping trips, was always a father of one of the boys in my troop. My Dad, who…
  • "She has no enemies". No bueno. No bueno.

    JD Hull
    31 Jul 2015 | 5:41 pm
    You have enemies? Good. That means you've stood up for something, sometime in your life. --Winston Churchill Here's some of the best advice on hiring, staffing and re-staffing anyone can give. Please don't stand behind, endorse or recommend a candidate for employment, partnership or board membership--especially candidates over say, the age of 35--on grounds that he or she "has no enemies" or something to that effect. This is not a compliment. Hearing that someone is "a team player" isn't troublesome because it runs the spectrum of Elwood P. Dowd (from the 1950 Jimmy Stewart film "Harvey,"…
  • Rule 8: Think like the client--help control costs.

    JD Hull
    30 Jul 2015 | 9:19 pm
    Rule 8 is Think Like the Client--Help Control Costs. The 2006 Explanatory Note for Rule 8--we reluctantly decided that an Advisory Committee Notes regime was a bit grandiose--begins this way: Ask an associate lawyer or paralegal what a "profit" is. You will get two kinds of answers. Both answers are "correct" but neither of them helps anyone in your firm think like the client. The answers will be something like this. (1) "A profit is money remaining after deducting costs from receipts." This is the correct young transactional/tax lawyer answer. Or (2) "it's money left over at the end of the…
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    How Appealing

  • "New Supreme Court appointee blogged on Khadr, called Trudeau 'unspeakably awful,' hoped for Harper majority"

    Howard Bashman
    1 Aug 2015 | 2:42 pm
    "New Supreme Court appointee blogged on Khadr, called Trudeau 'unspeakably awful,' hoped for Harper majority": In today's edition of The Ottawa Citizen, Glen McGregor has an article that begins, "Prime Minister Stephen Harper's latest appointment to the Supreme Court was a prolific blogger who regularly offered opinions on Senate reform, the federal government's role in health care, elections law, the Omar Khadr case and other matters that could now come before him in his new role on the bench." And Sean Fine of The Toronto Globe and Mail has an article headlined "Law school blog sheds light…
  • "Why we should ignore Justice Scalia's nasty zingers"

    Howard Bashman
    1 Aug 2015 | 2:36 pm
    "Why we should ignore Justice Scalia's nasty zingers": David Kravitz has this essay online at The Washington Post.
  • Ninth Circuit affirms dismissal of privacy-related class action against Netflix

    Howard Bashman
    31 Jul 2015 | 10:40 am
    Ninth Circuit affirms dismissal of privacy-related class action against Netflix: You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
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    Legal Juice

  • Even If You Think Kids Need To Earn Their Keep …

    John Mesirow
    31 Jul 2015 | 9:12 pm
    As a parent, you want to make sure your kids can handle themselves when they are on their own. This is not how you do it. As reported by Southwest FloridaCrime Stoppers is asking for the public’s help identifying two women who utilized the innocence of several young children to commit a felony crime earlier this week. According to deputies, two adult females, and five young children, entered the Gymboree store at 20350 Summerlin Road, Fort Myers, on Tuesday evening, July 23, to go shopping. When they approached the check out counter, another female was there speaking…
  • Good Throw Foils Robbery – Wright Triumphs Over Wrong

    John Mesirow
    30 Jul 2015 | 9:07 pm
    “Down on the floor!” – or something like that – said the knife-wielding, would-be robber of the Cigarette Outlet in Des Moines, Iowa. Although employee #1 complied, #2 (Ruth Wright) didn’t, and grabbed a couple cans of chewing tobacco. Per the Des Moines Register: Wright threw two cans of chewing tobacco at the man, one of which bounced off his face. A customer tackled the robber, but the robber broke off and ran out the door. Wright then called the store’s manager, who contacted police. The almost robber? Old Mr. Wrong, “still wearing his black mask and…
  • Bet She Didn’t Even Play That Lottery

    John Mesirow
    29 Jul 2015 | 9:09 pm
    This story reminds The Juice of the time he was in a bank years ago and he happened to overhear a conversation between a disgruntled account holder and the manager. “They cleaned out my account” she said. “They said I won the lottery, and they needed my account number to wire the proceeds. How could you let them do this?” Yes, she was trying to blame the bank. The manager asked her if she had played the lottery. When she replied that she hadn’t, the manager asked “Then how did you think you could have won it?” Bam! Manager of the Year! Here’s a…
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    Ask the Lawyer @ Dear Esq.

  • How Can I Legally Fix My Roof?

    House Attorney
    30 Jul 2015 | 7:47 pm
    My neighbor won't allow me access to her roof to fix mine and the way the properties have settled I have to use her roof to fix mine.
  • Who Is Liable For Flood Damages?

    House Attorney
    28 Jul 2015 | 9:26 pm
    Hi! I was wondering - I live in the country so we flood irrigate. The only rule I was told is that I had to keep my part of the ditches clean from debris and weeds.
  • Is My Neighbor Responsible For Replacing the Retaining Wall?

    House Attorney
    27 Jul 2015 | 7:53 pm
    About 8 years ago the township sent both me and my neighbor a letter saying that the retaining wall between our properties is falling and dangerous. I found out that the previous owner of my neighbor's property built the wall.
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  • The Next Wave of Court Challenges to Obama’s Legacy—Part Two: Texas’ Lawsuit to Undo Obama’s Immigration Initiative and Speaker Boehner’s Challenge to ACA Implementation

    Guest Blogger
    1 Aug 2015 | 5:30 am
    Simon LazarusThe Texas challenge to DAPAIn what the Washington Post’s Karen Tumulty tweeted as “The most underplayed story of the day,” on Friday, July 10, two of the three judges on a Fifth Circuit Court of Appeals panel made clear, during a contentious oral argument, their intent to leave in place a District Court injunction shutting down the Administration’s November 2014 decision to confer “deferred action” treatment on undocumented parents of U.S. citizens or lawful permanent residents, and on undocumented individuals who were less than 16 years old when they arrived here, if…
  • Yale Global Constitutionalism Seminar Announces Publication of Free E-books

    31 Jul 2015 | 11:01 am
    The Yale Global Constitutionalism Seminar, part of the Gruber Program for Global Justice and Women’s Rights at the Yale Law School, brings together judges and legal scholars from around the world to discuss current topics.Each year the Seminar publishes an annual collection of legal materials for the participants to read and discuss.The Seminar is now distributing these materials free to the public in pdf, mobi, and epub formats.  The 2014 materials are available here.  In the coming weeks, the Seminar will also publish materials for prior years; and it plans to publish e-books…
  • The Next Wave of Court Challenges to Obama’s Legacy—Part One: The Meaning of King v. Burwell

    Guest Blogger
    31 Jul 2015 | 5:30 am
    Simon Lazarus             Chief Justice John Roberts sent President Obama off for the July 4 holiday in what must have been a good mood, secure that his signature legislative accomplishment, the Affordable Care Act, had survived a second lawsuit designed to cripple it.  In King v. BurwellRoberts had mobilized a 6-3 majority to reject a claim by health reform opponents that ACA-prescribed tax credits were not available on federally run exchanges.  In addition to helping secure Obama’s legacy, the decision evidently bumped up…
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  • At Psychedelic Wall Café...

    1 Aug 2015 | 11:48 am
    ... take a look at your landscape.
  • "Caitlyn has every right to be just as conservative as she chooses. But many transgender men and women need social programs to survive..."

    1 Aug 2015 | 11:42 am
    "... and that's nothing to be ashamed of. If Cait's going to be a spokesperson for the community. This is something she's going to have to understand."Pushback... as Caitlyn Jenner shows her political conservatism. Eh. Or something like that. The quoted dialogue comes from a trailer for the show, as does Jenner's expression of conservatism. I think what's going on is more that show needs dramatic tension, so something was set up, and the show needs a narrative arc, and there will be one. Thus, early on, Jenner expresses the view that people can get "totally dependent on" government, because…
  • "Professor what's your stand on kilts?"

    1 Aug 2015 | 9:42 am
    Asks Mac McConnell in the comments to this morning's men-in-shorts post.My answer: "They should not be so long that I can stand on them."If you're thinking of wearing a kilt that has a train...... guys, don't.
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    Concurring Opinions

  • Citing Oral Argument Questions

    Gerard Magliocca
    31 Jul 2015 | 8:52 am
    I want to raise a question about the citation of statements made by Justices at oral argument.  This never used to happen, in part because such transcripts were either unavailable or imprecise.  In recent years, though, you see Supreme Court opinions that cite statements made by a Justice at argument. My question is–what purpose is served by this?  Citing something a lawyer said at argument might be valuable.  If counsel takes a position there, that can be fairly treated as a position in the litigation even if it is not stated in the brief.  But a Justice asking a question or…
  • Three on the Gig Economy

    Frank Pasquale
    30 Jul 2015 | 4:23 pm
    July has been a big month for public discussion of the gig economy. For those interested in the issue, here are three of my recent pieces: 1) Is Your Digital Boss Cheating You? (part of a collection of “5 Ways to Take Back Tech”) 2) Serfing the Web: On-Demand Workers Deserve a Place at the Table (with Trebor Scholz). If you have comments for the FTC on the gig economy, their deadline is August 4. 3) Uber and the lawlessness of ‘sharing economy’ corporates (with Siva Vaidhyanathan) In related news: for anyone interested in the future of legal regulation of the…
  • Roundup: Law and Humanities 07.30.15

    Christine Corcos
    30 Jul 2015 | 11:54 am
    There’s a lot going on in law and the humanities these days. Here’s a sampling. First, an opportunity for publication: Fairleigh Dickinson University Press invites the submission of proposals for books, monographs, or essay collections in the interdisciplinary fields of humanistically-oriented legal scholarship for the series The Fairleigh Dickinson University Press Series in Law, Culture and the Humanities. Possible topics range from scholarship on legal history; legal theory and jurisprudence; law and critical/cultural studies, law and anthropology, law and literature, law and…
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    Sui Generis-a New York Law Blog

  • 2015 Social Media Ethics Guidelines released

    23 Jul 2015 | 7:44 am
    This week's Daily Record column is entitled "2015 Social Media Ethics Guidelines released ."  My past Daily Record articles can be accessed here. 2015 Social Media Ethics Guidelines released  My good friend Scott Malouf, a Rochester attorney who also aids other lawyers in using social media as evidence, recently advised me that the Commercial and Federal Litigation Section of the New York State Bar Association had just released its 2015 Social Media Ethics Guidelines. The 2015 edition updates the inaugural guidelines, which were released March 2014, and includes two new sections on…
  • My latest iPhone app discoveries

    2 Jul 2015 | 8:10 am
    This week's Daily Record column is entitled "My latest iPhone app discoveries."  My past Daily Record articles can be accessed here. My latest iPhone app discoveries I readily admit it: I’m a tech geek. And one of my favorite things to do is to discover and try out new iPhone apps. Not all of them are keepers, but I often find a few worth holding onto. It’s been a while since I shared my favorite apps, so I figured it was high time I wrote about some of my latest discoveries. So, without further ado, here are a few of my new favorite and often-used iPhone apps.First, if you travel…
  • Wisconsin weighs in on the ethics of cloud computing

    23 Jun 2015 | 12:36 pm
    This week's Daily Record column is entitled "Wisconsin weighs in on the ethics of cloud computing ."  My past Daily Record articles can be accessed here.  Wisconsin weighs in on the ethics of cloud computing  In March, Wisconsin joined the ranks of many other jurisdictions and addressed the ethics of lawyers using Web-based computing in their practices. At issue in Wisconsin Formal Ethics Opinion EF-15-01 was how lawyers could ethically use cloud computing services to store confidential client information. At the outset, the committee acknowledged that the issue was not whether…
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  • Sean Griffith's Deal Tax Clinic

    David Zaring
    30 Jul 2015 | 2:51 pm
    Fordham's Sean Griffith is putting his motions where his writing is, and taking positions against "deal tax" shareholder settlements.  If you missed it, here's a bit from the Wall Street Journal story on the approach. Over the past few months, Mr. Griffith says he has bought a small number of shares in about 30 companies following the announcement of a takeover. When the expected shareholder lawsuits are ultimately settled, he plans to use his standing as a shareholder to formally object. His first salvo came Monday at a Delaware hearing to approve a settlement of litigation over Riverbed…
  • Peter Conti-Brown on the Fed's Regional Banks

    David Zaring
    29 Jul 2015 | 11:59 am
    My colleague Peter Conti-Brown has an op-ed in the Times today regarding the Fed's crazy regional bank system.  A taste: Congress should let the Board of Governors appoint and remove the 12 Reserve Bank presidents, as they may do with other employees of the board. The 12 regional Feds would then become branch offices of our central bank, continuing to do research and data analysis, while leaving policy making to Washington. This plan has several benefits. First, the next time the Fed makes an egregious mistake — like failing to predict the meltdown of the housing market — we would know…
  • Shadow Everything

    David Zaring
    28 Jul 2015 | 2:08 pm
    I was looking at Dan Scwarcz's lastest paper on Shadow Insurance, which is a thing: Shadow insurance – defined as life insurers’ reinsurance of policies with captive insurers that are not “authorized” reinsurers and do not maintain a rating from a private rating agency – creates important risks to policyholders, the insurance industry, and potentially even the broader financial system. Although the standard state regulatory safeguards help mitigate some of these risks, they leave other hazards of shadow insurance largely unchecked. Even granting that shadow insurance likely helps…
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    Ms. JD Blog

  • Campaign for Greater Diversity in Legal Leadership at Temple Law is Hiring!

    28 Jul 2015 | 4:04 pm
    Temple University James E. Beasley School of Law invites applications for a one year research fellowship on gender equality in multi-district litigation. The study will involve quantitative and qualitative analysis of gender disparities in leadership positions in MDL cases from 1991 to the present day. The fellow will be housed in the Stephen and Sandra Sheller Center for Social Justice. The position will begin on or after September 15, 2015; an earlier start date may be possible. Applications will be considered on a rolling basis beginning August 1, 2015. The salary will be $50,000 plus…
  • The Importance of A Professional Mentor

    24 Jul 2015 | 6:00 am
    A professional mentor, be it someone you dine with once a month or someone you call daily, is essential for anyone pursuing a career. These mentors could be past advisers, professors, neighbors, or family. What's key is that they have your career development and mental health as a top priority when they council you. It's very easy to read articles that say how important a mentor is...but where do you look to find one? How do you connect (awkward courtship stories)? And most importantly, can you effectively create a long-standing relationship with them? I entered into college with an…
  • Ms. JD Weekly Roundup: Week ending July 24, 2015

    Ms. JD Weekly Roundup
    23 Jul 2015 | 9:00 pm
    Serving as first chair at trial is a big deal. Unfortunately, implicit bias appears to be one of the reasons women are underrepresented in this coveted position. An ABA report, First Chairs at Trial: More Women Need Seats at the Table, analyses the numbers of women serving as first chair across a range of civil and criminal case settings and offers suggestions for how we can all work to increase the number of women leading litigation -- from female litigators ourselves, to judges, and even law schools. Fourty-four firms received The Women in Law Empowerment Forum's 2015 Gold Standard…
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    Legal Profession Blog

  • Suspension Proposed For Disenchanted Attorney

    Legal Profession Prof
    1 Aug 2015 | 8:55 am
    The Illinois Review Board has recommended a six-month suspension Eva and Andrew Janas consulted with Respondent on October 21, 2010 because Andrew was experiencing business difficulties. They discussed the possibility of obtaining a divorce allegedly so that Eva could maintain...
  • Death Must Be Caused Willfully To Invoke Slayer Statute

    Legal Profession Prof
    30 Jul 2015 | 12:07 pm
    The Mississippi Supreme Court has held that a person found not incompetent to stand trial on charges that he had murdered his mother is not necessarily precluded from recovery by the Slayer Statute. Based upon this Court’s holding that the...
  • Sanction For Accusations Of Judicial Misconduct

    Legal Profession Prof
    30 Jul 2015 | 6:50 am
    The Louisiana Attorney Disciplinary Board has recommended a suspension of a year and a day with six months stayed and probation of an attorney who, among other things, accused a judge of misconduct This case highlights the unfavorable consequences of...
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    China Law Blog

  • Register Your Trademark In China: Now. Just Ask Mike.

    <a href=''>Dan Harris</a>
    30 Jul 2015 | 9:40 pm
    More than four years ago, we did a post, entitled, China: Do Just One Thing. Trademarks. In that post, we emphasized the absolutely critical importance of registering your trademarks in China, not later but now: From time to time I get calls from start-up companies about to embark on manufacturing in China. They are calling to ask what they need to do “to protect themselves.” I tell them about NNN Agreements and important those are to help prevent potential manufacturers from replicating their product. And I tell them about how important it is that they have an OEM Agreement to…
  • China Manufacturing: The Fantasy And The Fiction

    <a href=''>Dan Harris</a>
    29 Jul 2015 | 7:47 am
    Do you know what your China factory is making for you? A Facebook friend from China posted, Chinese Factory Worker Can’t Believe The Shit He Makes For Americans, and it is quickly getting likes, for good reason.  I urge you to read it and think about it both in the spirit in which it was intended, but also as somewhat of a gut check regarding the cultural differences between you (if you outsource your product manufacturing to China) and the factory workers who make your products. This article is not far off the mark and it nicely highlights why it is critical that you explain every…
  • China Joint Ventures: What Goes Around Comes Around

    <a href=''>Dan Harris</a>
    27 Jul 2015 | 6:25 am
    Just read an article on the white hot (at least for millennials) web site, entitled, Surfing China’s Business Boom … Without Wiping Out. The theme of the article is that the incidence of joint ventures is rising in China as foreign companies and foreign businesspeople are finding it just too difficult to do business in China on their own. The Ozy article starts out discussing two foreigners, Charles Ezzell and Kaashiv Sampath, who are considering starting a restaurant in “Beijing’s trendy Sanlitun neighborhood. These two have planned just about everything but…
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    Patently-O » Patent

  • Circuit Check v. QXQ, Inc.: Analogous Art Doctrine

    Jason Rantanen
    31 Jul 2015 | 11:16 am
    By Jason Rantanen Circuit Check Inc. v. QXQ Inc. (Fed. Cir. 2015) Download Opinion Panel: Louie, Dyk, Moore (author) Although it shows up only occasionally in the Federal Circuit’s opinions, the analogous arts doctrine can play an important role in structuring and limiting obviousness determinations.  Here, it is a key component of the Federal Circuit’s reversal of the district judge’s grant of Judgment as a Matter of Law that the patents-in-suit were obvious.  An important limitation of this decision, of course, is that the consequence is to reinstate the jury verdict…
  • Patenting Diagnostic methods

    Dennis Crouch
    31 Jul 2015 | 9:54 am
    Interesting essay from Professor Eisenberg on patenting of diagnostic methods.  The basic takeaway is that (1) eligibility limitations mean that new diagnostic methods have little chance of being patent eligible; and (2) it is unclear whether this result is good or bad for society. See Diagnostics Need Not Apply.
  • Read This: USPTO’s New Examination Guidelines Subject Matter Eligibility Provide “Pathways to Eligibility”

    Dennis Crouch
    30 Jul 2015 | 10:56 am
    By Dennis Crouch The Supreme Court’s decisions in Alice Corp v. CLS Bank and Mayo v. Prometheus serve as dramatic turning points in the conventional wisdom of subject matter eligibility.  Inventions that were previously thought to be patent eligible are no longer; and we continue to re-calibrate toward this new normal. The USPTO has found some amount of understandable difficulty in implementing the two step Alice/Mayo eligibility test.  In a chicken-and-egg problem, the test has major gaps in its structure, but the USPTO lacks substantive rulemaking authority to fill those…
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    Religion Clause

  • Sympathetic Court Nevertheless Rejects Claim That Chimpanzees Are "Persons" Entitled To Habeas Relief

    Howard Friedman
    31 Jul 2015 | 4:05 am
    A New York state trial court judge yesterday in a 33-page opinion sympathetic to plaintiffs' claims nevertheless rejected attempts by animal rights activists to obtain a writ of habeas corpus on behalf of two chimpanzees used in scientific studies at State University of New York at Stony Brook.  In Nonhuman Rights Project, Inc. v. Stanley, (NY Cty. Sup. Ct., July 30, 2015), after dealing with a number of procedural and jurisdictional issues, the court moved to the central question in the case: "whether a chimpanzee is a legal person entitled to bring  writ of habeas corpus." The…
  • Judge Acquits Hasidic Rabbi Accused of Sexually Molesting A Boy

    Howard Friedman
    31 Jul 2015 | 4:00 am
    In Rockland County, New York yesterday, a state trial court judge, after a bench trial, found Hasidic Rabbi Moshe Taubenfeld not guilty on charges of sexually abusing a minor from 2001 to 2006.  The Lower Hudson Journal News reports that the young man accusing Taubenfeld said that the abuse began when he was 8 years old and contnued until he moved out of the village of New Square at age 13,  The judge said there was reasonable doubt after hearing the evidence in the multi-week trial. But supporters of the boy charge that Judge Rolf Thorsen's decision was political because he…
  • Inspector General Issues Report On Protection of Conscience Rights In the Military

    Howard Friedman
    30 Jul 2015 | 4:20 am
    Last week (July 22), the U.S. Department of Defense Inspector General issued a report on Rights of Conscience Protections for Armed Forces Service Members and Their Chaplains.  The 2014 Defense Authorization Act called for the report, which was to focus on the extent to which the Armed Forces are complying with regulations designed to protect the conscience, moral principles and religious beliefs of members of the military and military chaplains.  In a posting earlier this week, God and Country Blog is critical of the report for looking too narrowly at issues regarding negative…
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  • “The Endless Summer”: The king of bar review and copyright sense

    Ron Coleman
    29 Jul 2015 | 5:23 am
    Originally posted 2011-06-20 17:38:02. Republished by Blog Post Promoter[Note:  This was first published in June of 2011, but if I’m going to recycle anything once a year, it’s this.  And this is the right time, in view of all the graduating and bar reviewing around here.  Slightly edited for better goodness. — RDC] In 1989, when I was still a contributing editor to the ABA’s Student Lawyer dead-tree magazine, I wrote an article describing, in somewhat purple hues, the experience of preparing for the New York bar exam after law school.  The article was called…
  • Confusion ascendant

    Ron Coleman
    25 Jul 2015 | 8:11 pm
    Jewish tradition teaches that on Tisha B’Av (the Ninth day of the month of Av) — which begins tonight — five national calamities occurred: During the time of Moses, Jews in the desert accepted the slanderous report of the ten spies, and the decree was issued by God forbidding them from entering the Land of Israel. (1312 BCE — traditional Jewish dating) The First Temple was destroyed by the Babylonians, led by Nebuchadnezzar. 100,000 Jews were slaughtered and millions more exiled. (586 BCE) The Second Temple was destroyed by the Romans, led by Titus. Traditional…
  • In your head

    Ron Coleman
    24 Jul 2015 | 1:28 pm
    Originally posted 2008-02-27 23:49:29. Republished by Blog Post PromoterRebecca Tushnet: Trademark dilution is a cause of action for interfering with the uniqueness of a trademark. For example, consumers would probably not think that “Kodak soap” was produced by the makers of Kodak cameras, but its presence in the market would diminish the uniqueness of the original Kodak mark. Trademark owners think dilution is harmful but have had difficulty explaining why. . . . Though the cognitive theory of dilution is internally consistent and appeals to the authority of science, it does not…
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    Grits for Breakfast

  • Passionate first Lege hearing on Sandra Bland tragedy

    31 Jul 2015 | 7:49 am
    Last night's Texas House County Affairs Committee hearing on the Sandra Bland episode sounds like it included some dramatic moments and received significant press coverage. (Grits was driving home from Lubbock and couldn't go.) Certainly, it appears DPS honcho Steve McCraw had a particularly rough go of it:New York TimesDallas NewsHouston ChronicleAustin Statesman Houston PressTexas TribuneBreitbart News The NY Times article is particularly good, and the Breitbart piece highlights Tea Party "liberty" perspectives on the case. A video of the hearing isn't online yet but should be posted soon…
  • Waller Co. DA sets up Sandra Bland investigative panel

    Rebecca Bernhardt
    30 Jul 2015 | 7:07 am
    Ed. Note: As Grits prepares to go on vacation for a couple of weeks, Rebecca Bernhardt and Emily Gerrick from the Texas Fair Defense Project have agreed to guest blog in my absence. This is Becky's first post.In an apparent effort to provide independent review of the death of Sandra Bland, Waller County DA Elton Mathis has established a panel of volunteer lawyers to investigate the case.According to Texas Lawyer, the panel of four attorneys only has two members so far, criminal defense attorneys Darrell Jordan of Houston and Lewis White of Sugar Land.While the effort to create some…
  • A suggestion for 'The Sandra Bland Drivers' Rights Act'

    28 Jul 2015 | 5:02 pm
    This morning, I received a text from the missus* who suggested that, in 2017, reprised legislation to limit police arresting motorists for Class C misdemeanors should be titled, "The Sandra Bland Drivers' Rights Act." Clever gal. Bud Kennedy at the Fort Worth Star-Telegram had earlier described the law that needs updating, and UT law prof Jennifer Laurin suggested that:state legislatures can, and should, limit police discretion to arrest for minor violations. The Texas Legislature attempted to do that in 2001 and 2003, passing one bill barring arrests for most offenses not…
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    Drug and Device Law

  • Considering Consolidating Cases for Trial

    Eric Alexander
    31 Jul 2015 | 12:56 pm
                We have managed to pretty much avoid asbestos litigation.  Sure, we encounter decisions from asbestos cases that sometimes impact our own cases.  They even sometimes appear in our posts, but rarely as a focus.  We have been less successful in avoiding consolidation of drug and device cases for trial.  Some courts that tend to favor multi-plaintiff trials are informed by experience from asbestos litigation.  Plaintiff lawyers, informed by whatever past experience makes them think there is a route to…
  • Plaintiffs Allowed To Make a Case Out of Thin Air

    Michelle Yeary
    30 Jul 2015 | 1:16 pm
                This post is from the non-Reed Smith side of the blog.            Is anyone else watching the CW’s “Penn & Teller: Fool Us”?  It is perfect summer TV – easy, funny and interesting.  Each week aspiring, talented magicians perform to try to fool Penn & Teller.  If at the end of the trick, the comedy-magic duo can’t figure out how the trick was performed, the magician gets to appear on Penn & Teller’s enormously popular Las Vegas…
  • Guest Post - Just the Fax, Ma’am

    29 Jul 2015 | 11:30 am
    While Bexis is on vacation, here is a guest post to take up some of the slack.  Our guest blogger today is Henry Pietrkowski, a partner in Reed Smith's Chicago office.  This one's a little different.  It's about the impace of a 1991 federal statute prohibiting unrequested faxes, and how it could impact on pharmaceutical promotional activities that send faxed information to healthcare providers.  As always, our guest bloggers deserve all the credit, as well as any blame, for their posts.  Here goes.**************Scottish inventor Alexander Bain is credited with…
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    Crime and Consequences Blog

  • News Scan

    CJLF Staff
    31 Jul 2015 | 12:57 pm
    Man Killed Good Samaritans Because Daughter Laughed at Him:  A Native American couple was shot and killed, and their daughter shot and wounded, after they stopped along a Montana roadside on Wednesday to help a man whose vehicle had run out of gas, all because the daughter "laughed" at the stranded motorist.  Fox News reports that 18-year-old Jesus Deniz, a Mexican national and green card holder, shot and killed 51-year-old Jason Shane and 47-year-old Tana Shane, and shot and wounded their 26-year-old daughter Jorah Shane in the back as she fled, "because he was getting tired of…
  • California Only Needs An Execution Protocol To Carry Out The Death Penalty

    Kent Scheidegger
    31 Jul 2015 | 4:52 am
    Michele Hanisee, Vice President of the Association of Los Angeles Deputy District Attorneys, has this post at the ADDA Blog.The world contains extremely dangerous and evil people who cannot be deterred by threat of incarceration.  I'm not talking about the average gang murder or robbery gone bad.  I am talking about the people who rape infants to death, who kidnap, torture, rape and murder children, who target police officers in the line of duty, who kill not just one, but a half dozen or dozen or more innocent victims in serial and mass murders.  These people are the reason…
  • Dylann Roof and the Race-of-Victim Bias Claim, Again

    Kent Scheidegger
    30 Jul 2015 | 6:48 pm
    The Marshall Project, a soft-on-crime advocacy organization masquerading as a journalism organization, has this article claiming that Dylann Roof is an anomaly in that he is a white person who will likely face the death penalty for the murder of black people, dragging out the old race-of-victim bias claim again.They quote raw numbers on race and executions from another masquerading organization, the Death Penalty Information Center.  But raw numbers mean nothing because of the apples-and-oranges problem.  Patterns of offending are not uniform across races, and a comparison of two…
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  • El Chapo's Lawyers Obtain Suspension of Arrest Order for Extradition

    31 Jul 2015 | 2:35 pm
    A court in Mexico has granted a request filed by El Chapo's lawyers to suspend the order of detention for purposes of extradition entered Wednesday. (Use google translate). The request for a writ of amparo against the detention order was filed... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
  • Friday Morning Open Thread.

    Big Tent Democrat
    31 Jul 2015 | 9:37 am
    All persons welcome here. Open Thread. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
  • Hillary Clinton Letter to New York Times

    Big Tent Democrat
    31 Jul 2015 | 8:07 am
    The Clinton campaign writes letters: I feel obliged to put into context just how egregious an error this story was. The New York Times is arguably the most important news outlet in the world and it rushed to put an erroneous story on the front... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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    TheFunded Founder Institute News

  • This Online Platform Is Helping Entrepreneurs Get Funding

    31 Jul 2015 | 9:45 am
    So you’ve got the idea, the plan, and the MVP, but you don’t have any funds? The reality is most startups won’t receive funding from outside of their network until much later in the game. In fact, the first tier of investing an entrepreneur is likely to receive will come from an inner circle which investors refer to as “Family, Friends, and Fools”. While acquiring investment from this network may be easier, presenting a business idea and setting up paperwork can prove to be burdensome. This is where TrustLeaf comes in handy. TrustLeaf helps entrepreneurs arrange…
  • Pitch Your Startup Idea to Silicon Valley Entrepreneurs on The Founder Hotseat Webinar

    30 Jul 2015 | 4:50 pm
    Do you have an idea for a startup? Could you use feedback on your ideas from a leading entrepreneur and angel investor? Then join us for the Founder Hotseat Webinar, with a very special guest: Steve Russell, Founder & CEO of Prism Skylabs. Hosted by Carter Laren, Founder of Inara Ventures, and Director of the Founder Lab. This webinar will take place on Wednesday, August 5th at 9:00am PT (see local time here). RSVP to the Free Webinar Today! During this webinar, viewers can pitch their startup ideas to Steve and Carter, then receive feedback. The…
  • Fenox Venture Capital Partners with the Dhaka Founder Institute to Help Aspiring Entrepreneurs

    30 Jul 2015 | 4:40 pm
    The Founder Institute, the world's largest entrepreneur training and startup launch program, and Fenox Venture Capital, a global venture capital firm, have partnered to fund the next generation of aspiring entrepreneurs in Bangladesh, transforming new ideas into funded startups. The two Silicon Valley-based organizations pledge to guide local founders through the entire process of developing high-growth technology  businesses in sectors such as mobile apps, digital health and enterprise software. The strongest companies from the upcoming chapter of…
  • Learn About the Founder Lab in Exclusive Conference Calls with Program Directors

    28 Jul 2015 | 11:40 am
    As the Founder Institute gets ready to host its next Founder Lab program, we will present a series of open Q&A conference calls with Founder Lab program Directors Carter Laren and Luis Guzman. Apply to the Founder Lab today and take your tech startup to the next level with expert training and mentorship. The Founder Lab gives promising seed-stage startups the opportunity to spend a week in Silicon Valley getting ready for funding with the world's best founders and investors. At the end of program, founders will leave with a fully refined pitch-deck, a validated path to traction, a global…
  • The Importance of Being 110% Yourself

    28 Jul 2015 | 11:31 am
    Gabe Zichermann is the leading expert on gamification – using the power of games to engage customers and build strong loyal communities. He has written four books on the subject of Gamification, his most recent book being Gamification by Design 2. Zichermann is also the founder of the leading publication for the industry. He also the co-founder and CEO of Dopamine, Inc. a creative agency that provides consulting services to businesses hoping to utilize the power of gamification. Zichermann is the Co-Director at the New York City Founder…
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  • Symposium: Ideology, partisanship, and the new “one person, one vote” case

    Richard Hasen
    30 Jul 2015 | 9:01 pm
    Richard L. Hasen is a Chancellor’s Professor of Law at the University of California, Irvine School of Law. He blogs at Election Law Blog. It is tempting to think of the plaintiffs in Evenwel v. Abbott as conservatives. After all, the brainchild behind this new “one person, one vote” lawsuit, Ed Blum and his Project on Fair Representation, brought us the demise of a key provision of the Voting Rights Act in the Supreme Court’s Shelby County v. Holder case and continued attacks on affirmative action in the second coming of the Fisher case. But the theory the Evenwel plaintiffs…
  • U.S. appeals major insider trading case

    Lyle Denniston
    30 Jul 2015 | 11:12 am
    Seeking to overturn a major setback in its power to punish trading of stocks based on insider tips, the Obama administration on Thursday asked the Supreme Court to revive one of the highest-profile prosecutions in years on Wall Street.  The petition in the case of United States v. Newman was sent to the Court just days before a filing deadline.  (Attached to the government’s petition is the December ruling by the U.S. Court of Appeals for the Second Circuit.   That court refused a government rehearing plea in April.) The case grew out of federal prosecutors’ broad…
  • Symposium: Misguided hysteria over Evenwel v. Abbott

    Richard Pildes
    29 Jul 2015 | 9:01 pm
    Richard H. Pildes is the Sudler Family Professor of Constitutional Law at NYU. As soon as the Court decided to hear Evenwel, a barely suppressed anger emerged in many quarters, on grounds of both process and substance. On process: how dare the Court address this issue, when a 1966 precedent seemingly settled the issue, and no conflict existed in the lower courts, to boot. On substance: how disturbing for the Court to consider any change in the legal status quo, in which states are perfectly free to define the “one person, one vote” baseline (total population or eligible voters) for…
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    Jim Calloway's Law Practice Tips Blog

  • Digital Edge Podcast: How Lawyers Can Do More in Less Time

    Jim Calloway
    27 Jul 2015 | 12:21 pm
    Our Digital Edge podcast this month is titled "How Lawyers Can Do More in Less Time" and features Allison Shields. Allison is co-author, with Daniel J Siegel, of the book from the ABA How to Do More in Less Time:...
  • A New Appellate Court Opinion on "Pocket Dialing"

    Jim Calloway
    23 Jul 2015 | 9:34 am
    Yes, I know we all call it something else other than "pocket dialing," but congratulations to the Sixth Circuit U.S. Court of Appeals for using a more polite term. Huff vs Spaw (Download in PDF) was issued this week. I...
  • The Amazon Echo− Evidence and Data Privacy

    Jim Calloway
    13 Jul 2015 | 11:27 am
    One of my son's friends has an Amazon Echo and he has it doing cool tricks, so my son mentioned that he would love to have one. We responded in typical parent fashion, noting that he could see about getting...
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    Wise Law Blog

  • Windows 10? Whatever...

    Rachel, Law Clerk and Office Manager
    30 Jul 2015 | 8:32 am
    Windows 10?  Yawn.If nothing else, the imminent launch of the new Windows OS gives us opportunity again to wonder why the Powers-That-Be at Microsoft continue to fail to grasp the obvious.In terms of user interface, they got it right – with Windows XP.  Its been mostly downhill from there.XP set the gold standard for user satisfaction.  That seminal OS would probably still have many millions of added, happy home and office users if the company hadn’t eliminated support for it a bit more than a year ago.At its front-end, Windows 7 represented fairly lateral change from its…
  • 140 Law - Current Leading Legal Headlines

    Rachel, Law Clerk and Office Manager
    27 Jul 2015 | 5:25 am
    Here are the current leading legal headlines from Wise Law on Twitter:Georgia sues Carl Malamud group, calls publishing state’s annotated code of laws online unlawful Cosby seeks court sanctions against Canadian accuser over deposition leakBill Cosby Team Begins Public Defense CampaignCosby loses bid to block lawsuit accusing him of sexually abusing girl, 15, in 1974 Traffic stops: what should you do when police pull you over? - World - CBC News E-sports league starts testing pro video gamers for drugsFormer MPP gives up law licence after admitting to misconduct WWE drops Hulk Hogan amid…
  • 140 Law - Current Leading Legal Headlines

    Rachel, Law Clerk and Office Manager
    20 Jul 2015 | 6:34 am
    Here are the leading legal headlines from Wise Law on Twitter:Windows 10 Signifies Microsoft’s Shift in Strategy SCC to Rule on Dismissal Without Cause Regime Under the Canada Labour Code. 72 charges filed against Toronto UberX drivers as city moves towards regulation Women underrepresented in lead trial lawyer positions, ABA study reportsChristie Blatchford: Ruling in Twitter harassment trial could have enormous fallout for free speechEzra Levant’s ‘crazy town’ newspaper column leads to law society hearingCourt rejects CRA's ‘astonishing’ attempt to tax uncollectable Ponzi scheme…
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    Amazing Firms, Amazing Practices

  • $1600 an Hour for the Right Brand: A New All-Time High

    Gerry Riskin
    29 Jul 2015 | 9:46 pm
    Top hourly rates are up for law firms of every size, says Michael B. Rynowecer at BTI Consulting Group When Michael B. Rynowecer, president of BTI Consulting Group, talks about the importance of your brand, he doesn’t mean your logo. He’s talking about the kind of profile that commands the new four-figure hourly rate that he says is “now clearly embedded in the legal landscape.” He also warns that unless law firms make their value clear to existing clients, they risk losing them to larger, better known – and more expensive – firms when high-stakes legal…
  • July, 2015 Edition of Edge International Communiqué Now Available

    Gerry Riskin
    22 Jul 2015 | 9:55 pm
    It is my pleasure to draw the attention of readers of this blog to the most recent issue of Edge International Communique (EIC). In addition to an item I contributed on how to move forward to achieve your firm’s strategic plan, the issue features articles by two of my esteemed colleagues at Edge International: Pamela Woldow discusses how to avoid communications breakdowns in multi-party projects, and Bithika Anand reports on some recent effects of competition on law firms in India. Each month EIC publishes items of interest to lawyers around the world on various aspects of law-firm…
  • The Digital Future: Will Your Firm Survive?

    Gerry Riskin
    16 Jul 2015 | 7:00 am
    The strategy leader of McKinsey Digital discusses the strategic implications of digital disruptions. I encourage readers of this blog to devote a few minutes of serious consideration to a new video from McKinsey & Company. In it, McKinsey Digital’s strategy leader Jay Scanlan reminds us of the scope and speed of change that digitization is having on the the way in which all business is conducted, and points out the huge risks that business leaders invoke when they fail to adapt fully and immediately to the digital demands of their clients and competitors. Scanlan summarizes the…
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    The Innocence Project

  • Michigan Exoneree Donya Davis and Others Call on Michigan to Change No Compensation Law

    31 Jul 2015 | 9:41 am
    Donya Davis of Detroit describes the day he was declared innocent of a rape he didn’t commit as “great,” filled with family and excitement. But in the year following his exoneration, Davis says he’s had to confront an onslaught of financial challenges, a problem all too common among the wrongfully convicted in the United States. In response, Davis is joining efforts with other local exonerees to demand more from the state.
  • Kirk Bloodsworth Urges Congress to Fund DNA Testing and Innocence Efforts

    30 Jul 2015 | 1:51 pm
    In an op-ed in The Hill on Wednesday, Kirk Bloodsworth, the first death row inmate to be exonerated by DNA evidence in the United States, called for congress to support initiatives to fund DNA testing, support crime labs and enable forensic science programs.
  • Wagstaffe and Connor Fully Exonerated and Officially Innocent

    30 Jul 2015 | 7:34 am
    The Daily News has reported that Everton Wagstaffe and Reginald Connor were fully exonerated on July 27th after the state’s appeals courts shut down prosecutors’ attempts to overturn the decision that cleared them of murder and kidnapping charges.
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    Newswire RSS with Images

  • Brands Face Legal Hurdles Ahead of 2016 Summer Olympics

    3 Aug 2015 | 12:25 am
    Official sponsors of the XXXI Olympiad in Rio are already making grand plans, and brand owners who are not official sponsors had better watch out.
  • Prosecutors Ask High Court to Review Insider Trading Ruling

    31 Jul 2015 | 9:00 am
    The Department of Justice has asked the U.S. Supreme Court to review a Second Circuit ruling that said the government failed to show two defendants knew that the people from whom they received non-public information had "disclosed confidential information in exchange for a personal benefit."
  • Supreme Court Names Wilmer Partner to Argue in Civil Rights Case

    31 Jul 2015 | 8:40 am
    The U.S. Supreme Court has appointed D.C. appellate expert Catherine Carroll to argue in favor of a position that the Obama administration has disavowed in a civil rights case the justices will hear in the fall. The court's action, while unusual, puts Carroll in the company of a select group of lawyers, most of them former law clerks, who get a prized opportunity to argue at the high court by appointment rather than through a client.
  • add this feed to my.Alltop - Newswire

  • Curtis Partners Help Secure Release of Israeli Spy

    29 Jul 2015 | 3:34 am
    For 15 years Curtis, Mallet-Prevost, Colt & Mosle sought the release of Jonathan Pollard, a former Naval intelligence analyst who served 29 years in prison for slipping secrets to Israeli officials. This week, two Curtis litigators learned that Pollard will be freed on parole.          
  • SEC Plays Gotcha in Case Against Baby Formula Maker

    29 Jul 2015 | 3:17 am
    Enforcement of the Foreign Corrupt Practices Act by the U.S. Securities and Exchange Commission sometimes feels like small-time, gotcha-style litigation. Case in point: the $12 million settlement with Mead Johnson Nutrition Co. over marketing baby formula to health care professionals in China.          
  • State Justices Wade Into Data Privacy

    29 Jul 2015 | 2:54 am
    The Supreme Court agreed to decide if millions of license plate scans collected by police should be treated as public records.          
  • add this feed to my.Alltop - Newswire

  • Curtis Partners Help Secure Release of Israeli Spy

    29 Jul 2015 | 3:34 am
    For 15 years Curtis, Mallet-Prevost, Colt & Mosle sought the release of Jonathan Pollard, a former Naval intelligence analyst who served 29 years in prison for slipping secrets to Israeli officials. This week, two Curtis litigators learned that Pollard will be freed on parole.          
  • SEC Plays Gotcha in Case Against Baby Formula Maker

    29 Jul 2015 | 3:17 am
    Enforcement of the Foreign Corrupt Practices Act by the U.S. Securities and Exchange Commission sometimes feels like small-time, gotcha-style litigation. Case in point: the $12 million settlement with Mead Johnson Nutrition Co. over marketing baby formula to health care professionals in China.          
  • State Justices Wade Into Data Privacy

    29 Jul 2015 | 2:54 am
    The Supreme Court agreed to decide if millions of license plate scans collected by police should be treated as public records.          
  • add this feed to my.Alltop - Newswire

  • Curtis Partners Help Secure Release of Israeli Spy

    29 Jul 2015 | 3:34 am
    For 15 years Curtis, Mallet-Prevost, Colt & Mosle sought the release of Jonathan Pollard, a former Naval intelligence analyst who served 29 years in prison for slipping secrets to Israeli officials. This week, two Curtis litigators learned that Pollard will be freed on parole.          
  • SEC Plays Gotcha in Case Against Baby Formula Maker

    29 Jul 2015 | 3:17 am
    Enforcement of the Foreign Corrupt Practices Act by the U.S. Securities and Exchange Commission sometimes feels like small-time, gotcha-style litigation. Case in point: the $12 million settlement with Mead Johnson Nutrition Co. over marketing baby formula to health care professionals in China.          
  • State Justices Wade Into Data Privacy

    29 Jul 2015 | 2:54 am
    The Supreme Court agreed to decide if millions of license plate scans collected by police should be treated as public records.          
  • add this feed to my.Alltop - Newswire

  • Curtis Partners Help Secure Release of Israeli Spy

    29 Jul 2015 | 3:34 am
    For 15 years Curtis, Mallet-Prevost, Colt & Mosle sought the release of Jonathan Pollard, a former Naval intelligence analyst who served 29 years in prison for slipping secrets to Israeli officials. This week, two Curtis litigators learned that Pollard will be freed on parole.          
  • SEC Plays Gotcha in Case Against Baby Formula Maker

    29 Jul 2015 | 3:17 am
    Enforcement of the Foreign Corrupt Practices Act by the U.S. Securities and Exchange Commission sometimes feels like small-time, gotcha-style litigation. Case in point: the $12 million settlement with Mead Johnson Nutrition Co. over marketing baby formula to health care professionals in China.          
  • State Justices Wade Into Data Privacy

    29 Jul 2015 | 2:54 am
    The Supreme Court agreed to decide if millions of license plate scans collected by police should be treated as public records.          
  • add this feed to my.Alltop - Newswire

  • Curtis Partners Help Secure Release of Israeli Spy

    29 Jul 2015 | 3:34 am
    For 15 years Curtis, Mallet-Prevost, Colt & Mosle sought the release of Jonathan Pollard, a former Naval intelligence analyst who served 29 years in prison for slipping secrets to Israeli officials. This week, two Curtis litigators learned that Pollard will be freed on parole.          
  • SEC Plays Gotcha in Case Against Baby Formula Maker

    29 Jul 2015 | 3:17 am
    Enforcement of the Foreign Corrupt Practices Act by the U.S. Securities and Exchange Commission sometimes feels like small-time, gotcha-style litigation. Case in point: the $12 million settlement with Mead Johnson Nutrition Co. over marketing baby formula to health care professionals in China.          
  • State Justices Wade Into Data Privacy

    29 Jul 2015 | 2:54 am
    The Supreme Court agreed to decide if millions of license plate scans collected by police should be treated as public records.          
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    UNDERDOG - Fairfax Criminal/DWI Attorney - Northern Virginia.

  • Don't let the opponent break your spirit.

    26 Jul 2015 | 9:00 pm
    By Fairfax/Northern Virginia Criminal Defense/DWI lawyer Jon Katz. Pursuing the best outcome for felonies, misdemeanors, drugs, marijuana, sex crimes, prostitution, weapons, assault, and all other alleged crimes.   One day in summer camp, I witnessed a vile thing, with several older campers saturating baby powder all over another camper's hair and elsewhere. From what I knew, the victim camper was a bit nerdy and not "with it", but apparently had not a mean bone in his body. Sadly, those often are the ingredients of being bullies' targets.   I wonder how that victim is…
  • Answering police questions of course leads to more questions.

    23 Jul 2015 | 9:00 pm
    By Fairfax/Northern Virginia Criminal Defense/DWI lawyer Jon Katz. Pursuing the best outcome for felonies, misdemeanors, drugs, marijuana, sex crimes, prostitution, weapons, assault, and all other alleged crimes.   On the way to last week's spectacular Neil Young concert, a police officer stopped my car soon after I cleared the Baltimore harbor tunnel. The officer was polite and efficient with his time from the moment of the stop until around five minutes later when he handed and explained my ticket for allegedly changing lanes inside the tunnel.   I do not frequently get stopped by…
  • A magical evening with Neil Young.

    19 Jul 2015 | 9:00 pm
    By Fairfax/Northern Virginia Criminal Defense/DWI lawyer Jon Katz. Pursuing the best outcome for felonies, misdemeanors, drugs, marijuana, sex crimes, prostitution, weapons, assault, and all other alleged crimes.   Until last month, rarely did I blog less frequently than twice weekly. My blogging frequency first reduced last month because doing otherwise resulted in strange symbols getting inserted into my prior blog entries due to a bug in my blog's WYSYWIG option (standing for "what you see is what you get") as my thousands of prior blog entries get migrated to my new…
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    The Legal Satyricon

  • We Gettin’ Money, Bank Roll, Supersized: Digesting the 7th Circuit’s Data Breach Ruling

    Jay Wolman
    28 Jul 2015 | 2:25 pm
    by Brent Tuttle, CIPP/US, E* Recently, the 7th Circuit handed down a ruling in a data breach case that has class action plaintiffs’ attorneys poppin’ bottles. The case is Remijas v. Neiman Marcus Grp., LLC, No. 14-3122, 2015 WL 4394814 (7th Cir. July 20, 2015). Background: Between July 16, 2013 and October 13, 2013, malware […]
  • A Federal Pure Bill of Discovery

    Jay Wolman
    21 Jul 2015 | 8:13 am
    by Jay Marshall Wolman I read an interesting case over the weekend.  You may recall the case of Heleen Mees allegedly stalking Citigroup chief economist Willem Buiter.  She was charged with five misdemeanor counts after, it seems, an affair with the married Buiter didn’t pan out.  The charges were dropped as part of a deal. […]
  • Updates in Railroad Employee Liability Law

    Jay Wolman
    17 Jul 2015 | 7:34 am
    by Jay Marshall Wolman In addition to my usual lawyerly activities, I am also a Vice Chair of the Workers’ Compensation and Employers’ Liability Law Committee of the American Bar Association’s Tort Trial and Insurance Practice Section.  Probably the longest line on my resume. The Committee’s Spring 2015 Newsletter is out.  I contributed an article […]
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  • Curtis Partners Help Secure Release of Israeli Spy

    29 Jul 2015 | 3:34 am
    For 15 years Curtis, Mallet-Prevost, Colt & Mosle sought the release of Jonathan Pollard, a former Naval intelligence analyst who served 29 years in prison for slipping secrets to Israeli officials. This week, two Curtis litigators learned that Pollard will be freed on parole.          
  • SEC Plays Gotcha in Case Against Baby Formula Maker

    29 Jul 2015 | 3:17 am
    Enforcement of the Foreign Corrupt Practices Act by the U.S. Securities and Exchange Commission sometimes feels like small-time, gotcha-style litigation. Case in point: the $12 million settlement with Mead Johnson Nutrition Co. over marketing baby formula to health care professionals in China.          
  • State Justices Wade Into Data Privacy

    29 Jul 2015 | 2:54 am
    The Supreme Court agreed to decide if millions of license plate scans collected by police should be treated as public records.          
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    Chicago IP Litigation

  • 2015 PWC Patent Litigation Study: “A Change in Patentee Fortunes”

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

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

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

  • WIRTW #377 (the “…all I ever wanted” edition)

    Jon Hyman
    31 Jul 2015 | 4:45 am
    According to Nielsen Consumer Research, over the past year 52% of people did not take all their paid vacation days, leaving an average of 7.2 days unused. Why aren’t these “work martyrs” using vacation time? According to The Project: Time Off Coalition: 40% fear the mountain of work they’ll face when they return to work. 35% believe they are the only ones who can do their jobs. 25% do not want to risk losing their jobs or fear being seen as replaceable while on vacation. Readers, I will not be one of those people. Today’s post in the last you’ll read until I return from my German…
  • Even lone-wolf activity is concerted, according to NLRB

    Jon Hyman
    30 Jul 2015 | 11:50 am
    Bonus post today. We know that the National Labor Relations Act protects employees who engage in protected concerted activity from retaliation. How broadly defined is concerted? According to 200 East 81st Restaurant Corp. [pdf], decided yesterday by the NLRB, concerted is defined pretty broadly. The issue in 200 East 81st Restaurant Corp. was whether a single employee who files a lawsuit, ostensibly on behalf of himself and other employees, engages in protected concerted activity. The Board answered the question in the affirmative, holding that a lone plaintiff can engage in protected…
  • You need to pay employees if you know, or should know, they are working overtime

    Jon Hyman
    30 Jul 2015 | 4:19 am
    Consider Garcia v. SAR Food of Ohio (N.D. Ohio 7/6/15) a cautionary tale. SAR owns and operates food-court Japanese restaurants. The court previously certified a state-wide collective action for employees who were not paid for post-shift overtime. The named plaintiffs alleged that they were often required to stay past the scheduled end of their shifts, without compensation, to clean or serve expected waves of potential customers. SAR argued that the claims could not proceed because it maintains a policy that requires employees to check their weekly time records, manually enter any changes,…
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  • These days you don't see events like this involving supreme court justices

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

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

    30 May 2015 | 5:46 am
    Just published, a New York Times article on the use of mediation for disputes between siblings. Excerpt from "Strengthening Troubled Sibling Bonds to Deal With an Aging Parent": It doesn’t matter how successful people are; when they’re around their siblings, they often revert to their 7-year-old selves. “Family members are often very successful professionally, but when they’re back with the family it can trigger old emotions, and they envision each other back in their old roles and it makes it difficult to envision who that person is now,” said Crystal Thorpe, a co-founder…
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    Privacy Law Blog

  • 4th Time is Not a Charm: Android Users Plead Themselves Out of Court

    Margaret A. Dale
    22 Jul 2015 | 3:35 pm
    Margaret A. Dale Finding that the Plaintiffs lacked Article III standing to pursue their case, Google, Inc. (“Google”) won dismissal of the Android users’ putative class action lawsuit after more than three years of litigation.   In re Google Inc. Privacy Policy Litigation, No. 12-01382 (N.D. CA July 15, 2015).   The Android users had claimed that Google violated its own privacy policy by disclosing personal information to third parties without permission. In granting Google’s third motion to dismiss, the Court previously found that the “Plaintiffs’ only alleged injury-in-fact…
  • Connecticut Updates its Data Security Laws, Imposing Stringent New Requirements

    Ellen Moskowitz
    15 Jul 2015 | 3:16 pm
    Ellen Moskowitz On June 30, 2015, the Governor of Connecticut signed into law S.B. 949, “An Act Improving Data Security and Agency Effectiveness.”[1] The new law updates Connecticut’s data security laws, including by adding a 90-day hard deadline for data breach reporting, requiring companies in some cases to offer data breach victims a year of free identify theft prevention services, imposing new and specific data security program requirements on health insurance companies and other entities subject to Insurance Department regulation, and requiring state agencies to impose certain…
  • Supreme Court Invalidates Los Angeles Law Authorizing Warrantless Searches of Hotel Records

    Angel Diaz
    13 Jul 2015 | 2:12 pm
    Angel Diaz In City of Los Angeles v. Patel, the Supreme Court invalidated a Los Angeles law that allowed law enforcement officials to inspect hotel and motel guest registries at any time, without a warrant or administrative subpoena. The Court ruled that the law violated hotel owners’ Fourth Amendment rights because it “penalizes them for declining to turn over their records without affording them any opportunity for pre-compliance review.” In reaching its decision, the Court also announced two findings with implications for future lawsuits brought under the Fourth Amendment: Facial…
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    Lawyers, Guns & Money

  • New Problems for the Trans-Pacific Partnership

    Erik Loomis
    1 Aug 2015 | 2:54 pm
    After the overwrought celebrations over “defeating” the Trans-Pacific Partnership in Congress a few months ago that immediately fell apart the next week when Congress passed fast track, we should be extremely skeptical of putting any hopes into defeating the TPP. But it is good news that it is delayed because the ministers of various countries are fighting each other over protecting specific industries. The reason that’s good is news is that any delay, particularly with some talk of not revisiting it until after the upcoming Canadian elections, means that it becomes more…
  • A Preview of 2016

    Erik Loomis
    1 Aug 2015 | 11:57 am
    Couple of thoughts from Hillary Clinton savaging Jeb Bush at the Urban League forum yesterday. 1. Republicans really struggle to talk to anyone but their own base of aging white conservatives and plutocrats. Hillary able to call him out directly and totally outclass him, leaving him utterly unable to respond, is something that he will be more prepared for in the future, but also shows just how many terrible things all these clowns running for the Republican nomination have done and the difficulty of walking back that record to appeal to broad electorate. 2. Bernie Sanders is very bad at…
  • “I will profane your fucking remains, Lannister”

    Robert Farley
    1 Aug 2015 | 11:41 am
    Well this is some damn fine news. Ian McShane will appear on the upcoming season of “Game of Thrones,” Variety has confirmed. Details on McShane’s role are being kept under wraps, but he will play a key role in the season’s plot with a small amount of screen time, reports EW. If I had to pick one character from the HBO oeuvre who could not only survive, but indeed thrive, in Westeros, it would be Al Swearengen.
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  • OPM Medical Retirement: Recalibrating the Reset Button

    1 Aug 2015 | 4:40 am
    Preparing for life's vicissitudes can be a daunting task.  Some never acquire the skills necessary to accommodate the winds of misdirection; others stumble through like a drunken sailor walking down fate's gangplank, seeing the end but failing to adapt in time to prevent the calamities forewarned.  The very few somehow manage to engage the transformation, like a chameleon who responds to the surrounding environment by becoming invisible within the subtleties of life. Change is the inevitable essence of life.  From alterations occurring from growth -- from birth to adulthood,…

    31 Jul 2015 | 11:04 am
    IDEX Corporation, a manufacturer and supplier of fluidics systems with locations nationwide, including multiple posts in Florida, violated federal anti-discrimination law when it terminated a regional manager based on his disability, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed on July 27, 2015. The EEOC’s lawsuit coincides with the ADA’s 25th anniversary on July 22, 2015. According to EEOC’s lawsuit, Gregorio Reyes successfully performed his regional manager position at IDEX Corporation, including during the six months in 2011 when he…
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    Connecticut Employment Law Blog

  • CHRO Presents Leaders and Legends Awards

    Daniel Schwartz
    30 Jul 2015 | 5:01 am
    This afternoon, the CHRO will present its first annual Leaders and Legends Awards ceremony.  I’ll be there. But more than that, I have the honor of presenting one of the six awards (you’ll just have to come to find out which one). The Awards, which are dedicated to the late David S. Stowe, a civil rights advocate and activist who passed away this year, will be held from 3-5p at the State Capitol. The six awards are as follows: The Alvin W. Penn Award for Excellence in Leadership – Senator Eric Coleman The Katharine Hepburn Award for Using Media as a Platform for Social…
  • When Your Model Employee Isn’t Anymore

    Daniel Schwartz
    28 Jul 2015 | 5:46 am
    I loved Bill Cosby. When we first got cable TV as a kid, I must have watched his movie “Himself” a few dozen times after school. His “Chocolate Cake” routine was even something I showed my kids a few years ago. And I don’t think I missed many episodes of his sitcom either. When the accusations about him popped up, I did what many people did – just thought they couldn’t be true. I mean it’s BILL COSBY. And now? I’m just so thoroughly and completely disgusted by him. Repulsed.  The New York magazine article with testimony from so many women…
  • A Vacation Perspective: The “Waterfall” Noise of Employment Law

    Daniel Schwartz
    27 Jul 2015 | 6:30 am
    The first day back from vacation is always fun. And by fun, I mean “not fun AT ALL.” There’s the e-mails. And the voicemails. And the things that you should’ve gotten done before vacation that you really honestly tried to do, but well, you just couldn’t. And then there’s the news and other “information” that you missed. That’s what Monday morning is shaping up to be for me. But here’s the thing: With technology, it’s too easy to keep up with your life. Looking at Twitter. Reading some articles.  Even when you’re out of…
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  • 最近のテレビに思うこと

    20 Jul 2015 | 6:05 pm
    テレビの企画とか表現みたいなのが問題になることが最近多いですよね。 ドラマとかバラエティー番組がよく話題に上がっていることが多いですね。 個人的な意見としてはそこまで過敏になるようなものでもないかと思っています。 きっとそれは自分自身がテレビの影響をあんまり受けないからだと思います。 まあそもそも興味がそんなにないとかテレビを見ないと言ってしまうとこの話は…
  • 川越を散歩してきました

    3 Jul 2015 | 12:32 am
    以前からずっと行ってみたかった川越を一人散歩してきました。 目的地は、小江戸とも言われる蔵のある街並みを歩くこと、おいしいと評判のベーグル屋に行くこと、駄菓子横丁をうろうろすることです。 駅を降りると、江戸らしい雰囲気は全くなし。 普通にファッションビルが並び、どこの駅にもあるコーヒーショップやファーストフードの店が並びます。…
  • 住宅ローンの返済は意外に大変である

    18 Jun 2015 | 3:45 pm
    住宅ローンを組む場合、基本的に家の購入によって足りない分のお金の補填としてローンを利用している人が多いです。 お金を借りる際の借入金と同じ意味合いとして、返済する時の利率が発生します。 お金を借りる事で、当然ながら借りた分の利息を支払います。…
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    Special Education Law Blog

  • ADA is 26 Years Old

    Jim Gerl
    29 Jul 2015 | 8:44 am
    On July 26, 1990, The Americans With Disabilities Act was signed into law.  The Act prohibits discrimination against people with disabilities in employment, public accommodations (including schools) and in state and local government services.Here is the post honoring ADA's birthday at the CEC. Here is a link to a guest post by Sen Tom Harkin on Here Disability Scoop reports on President Obama's observation that the ADA fight is not over.In honor of the twenty-sixth anniversary of the ADA, here are some fun facts from our friends at the Census Bureau:Population…
  • Weekly Question!

    Jim Gerl
    27 Jul 2015 | 6:00 am
    As we run our: an Introduction To Special Education Law, what do you think are the easiest ways for a school district or its staff to get into special ed legal trouble? ------- Thanks for subscribing! Jim Gerl
  • Special Education Law 101 - Part XIV #ExpensesAttorney'sFees

    Jim Gerl
    25 Jul 2015 | 8:45 pm
    This is another in our ongoing series on the basics of special education law.  These posts are meant to be an introduction for those new to the field and a refresher for the seasoned veterans.Attorney's FeesA prevailing parent can generally get their attorney's fees from a court. IDEA §615(i)(1)(3).  They are not awarded by hearing officers but are awarded by the court.  Since 2004, a prevailing school district may get attorney's fees from a parent or parent's attorney if the case was frivolous or filed for improper purposes. IDEA…
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    Drug Injury Watch

  • Will There Be Another Drug Label Change For YAZ And Other Drospirenone (DRSP) Birth Control Pills, As FDA Required For Ortho Evra Years Ago

    Tom Lamb
    29 Jul 2015 | 1:45 pm
    Since Bayer Revised YAZ Label In April 2012 There Has Been More Medical Evidence That DRSP Pills Increase Risks Of Blood Clot Side Effects Like DVT And PE (Posted by Tom Lamb at The drug labels for Yasmin, YAZ, Safyral, and Beyaz were revised by Bayer and the FDA in April 2012 by adding information about the several different (in terms of their conclusions) medical studies concerning the increased blood clot risks associated with drospirenone-containing birth control pills. For more details about this April 2012 drospirenone (DRSP) label revision announcement by the FDA,…
  • Onglyza Update: FDA May Require A New Warning About Possible Increased Risk Of Heart Failure For Diabetes Drugs Onglyza And Kombiglyze XR

    Tom Lamb
    23 Jul 2015 | 1:10 pm
    April 2015 FDA Advisory Committee Voted For An Onglyza Drug Label Change About Side Effects Risks, With One Panelist Voting Of An Onglyza Recall   (Posted by Tom Lamb at   As previewed in our March 2015 article, "Cardiovascular Safety Issues For Onglyza And Kombiglyze Will Be Discussed At April 2015 FDA Advisory Committee Meeting", the results of Saxagliptin Assessment of Vascular Outcomes Recorded in Patients with Diabetes Mellitus (SAVOR) trial for for AstraZeneca's relatively new diabetes drugs Onglyza (saxagliptin) and Kombiglyze XR (saxagliptin and…
  • Zofran MDL For Lawsuits Filed In Federal Court Has Been Requested By Defendant Drug Company GlaxoSmithKline

    Tom Lamb
    17 Jul 2015 | 12:50 pm
    And It Is Possible That Generic Zofran / Ondansetron - Birth Defects Cases Might Be Filed In California And Some Other State Courts  (Posted by Tom Lamb at On July 6, 2015 the drug company GlaxoSmithKline (GSK) filed a motion with the U.S. Judicial Panel on Multidistrict Litigation (JPML) requesting that a multidistrict litigation (MDL) be established for all Zofran lawsuits filed in the federal court system concerning Zofran's alleged association with birth defects. From their legal document "BRIEF IN SUPPORT OF DEFENDANT GLAXOSMITHKLINE LLC’S MOTION FOR TRANSFER OF…
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    Bankruptcy Home Blog

  • Payday loan debt collectors are hounding me what can I do?

    27 Jul 2015 | 8:10 am
    Visit for the original content posted here, Payday loan debt collectors are hounding me what can I do? Despite what experts are calling an “economic recovery,” the truth is millions of Americans are still struggling each month to pay their bills, including pay day loans. If you are unable to pay your debts it’s not surprising that payday loan debt collectors are calling demanding repayment. In fact, it’s not unusual for payday loan […]
  • Chapter 7 Oklahoma bankruptcy filing a second time?

    19 Jul 2015 | 10:56 am
    Visit for the original content posted here, Chapter 7 Oklahoma bankruptcy filing a second time? Unfortunately, some debtors who have filed bankruptcy in the past may find that over the next five, seven, or ten years their financial situation has not changed and they continue to have debts they cannot pay. Whether it’s due to a job loss, severe illness, or simply bad money management, federal banking laws do allow […]
  • Child support back pay and Chapter 7

    10 Jul 2015 | 9:16 am
    Visit for the original content posted here, Child support back pay and Chapter 7 Child support is monthly payments paid to care for a child’s necessary living expenses, including clothing, housing, education, and food. Additional payments may also be mandated by the court to pay for educational costs and health care. Child support is mandated by the state and established by state child support guidelines whether the parents live […]
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    Asbestos HUB: Medical and Legal Information


    Tom Lamb
    31 Jul 2015 | 1:44 pm
     Congressman John Katko July 29, 2015 Press Release WASHINGTON, D.C. – U.S. Representative John Katko (NY-24) today introduced bipartisan legislation in the U.S. House of Representatives to establish a national mesothelioma patient registry.  The ‘Mary Jo Lawyer Spano Mesothelioma Patient Registry Act of 2015’ is district-focused legislation named in honor of Mary Jo Lawyer Spano, a Central New York woman who late last year lost her four-year battle with mesothelioma, an asbestos-related form of cancer that affects the lining the lungs, chest, heart, and abdomen. Spano’s sister,…
  • Panel Hears Debate on Punitive Damages in Asbestos Cases

    Tom Lamb
    27 Jul 2015 | 1:21 pm
    Leaders of the asbestos litigation bar were peppered with questions Wednesday by an Appellate Division, First Department, panel in a case testing whether punitive damages can be argued before New York City’s special asbestos court. Such claims were effectively outlawed by a 1996 amendment to the case management order created to expedite cases in the New York City Asbestos Litigation court, known as “NYCAL.” The “no punitives” order was issued by Justice Helen Freedman, who led NYCAL from 1987 to 2008 before being appointed to the First Department. Freedman, who retired in October,…
  • Asbestos-related cancer treatment breakthrough leaves Australian researchers optimistic

    Tom Lamb
    20 Jul 2015 | 2:07 pm
    Australian researchers are cautiously optimistic after using nanocells to achieve what could be one of the most significant breakthroughs in asbestos-related cancer treatment in a decade. Scientists from the Chris O’Brien Lifehouse Centre have published a case report of a patient whose mesothelioma has almost entirely disappeared. Bradley Selmon was one of ten patients in a phase-one clinical trial of a new treatment that used very small genes known as microRNA to inhibit tumour growth. The genes were transported to the mesothelioma in his right lung using Australian-designed nanocells.
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    Cuckold Webcams | Cuckold Chat | RSS Feed

  • Cuckold live cam couple

    21 Jul 2015 | 5:14 am
    Welcome to the cuckold couple webcam of your dreams and this blond busty wife will surely make you dream about your wife giving head to a stud and you will be there looking the whole thing and you will say … nothing ! She will ride him and fuck him so hard … Do you have a hot bllonde wife? A slutty trophy wife you will never know how many cocks she fucked whole she is married to you ? Or you just would like to have a slutty girlfriend who will cuck you anytime and you will not even be able to pronunciate a single word? Well if that is your dream but your girlfriend or hot wife…
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    18 Jul 2015 | 2:05 am
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    Real Lawyers Have Blogs

  • Law bloggers ought be more than content machines

    Kevin O'Keefe
    31 Jul 2015 | 5:49 pm
    My friend and leading web designer, Greg Storey (@brilliantcrank), forwarded a piece from designer Travis Gertz (@travisgertz) on the decline of web design — especially as it relates to designing environments for publishing. Gertz even sees content as stealing the emotion from design. There’s a lot of writing happening, but so little of it has any substance. Superficial content is cheap. It’s outsourced to content farms and social media consultants. We hire interns, students or project managers to “maintain the blog.” Publications have reduced the number of in-house staff and…
  • Top 10 in Law Blogs: Deflategate, Trump and Bitcoin, Future of Class Actions

    31 Jul 2015 | 5:12 pm
    The big sports news lately is the NFL as teams head back to training camp—but of course, there’s that big story off the field, in Deflategate. We have multiple legal takes on that today. Also, over on LXBN, Zosha writes on something really cool going on at Michigan State’s law school. Total posts on the LexBlog Network today: 199. Friday’s Five: Five Terms To Include In Job Offer Letters – California attorney Anthony Zaller of Van Vleck Turner & Zaller on their California Employment Law Report Two Hundred and Twenty Fifth Anniversary of U.S. Patent X000001…
  • Can legal matchmaking sites help legal services consumers?

    Kevin O'Keefe
    30 Jul 2015 | 5:51 pm
    Online dating and matchmaking sites have been the rage for a decade or more. Being married for 35 years I can’t say I have had the opportunity to use one – though I understand married folks now use Ashley Madison, the infidelity-focused matchmaking site whose slogan is “Life is short. Have an affair.” Recent funding of UpCounsel, additional funding of Avvo, and having run across Priori Legal got me thinking of where we’re at with Internet legal matchmaking. Legal matchmaking sites (lawyer to consumers/businesses) have been around for almost as long as the…
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    Securities Docket

  • Securities Docket News Wire for July 31, 2015

    Securities Docket
    1 Aug 2015 | 5:55 am
    Melinda Haag, top federal prosecutor in S.F., is stepping down – SFGate -> 3 Noteworthy Trends at the SEC | Corporate Counsel -> The Future of Securities Class Action Litigation | D&O Discourse -> Cybersecurity Becoming a Major Industry For Investors – ->
  • The Future of Securities Class Action Litigation | D&O Discourse

    Securities Docket
    31 Jul 2015 | 12:45 pm
    But I’ve noted significant changes to other characteristics of securities-litigation culture recently, which portend a paradigm shift.  Over the past few years, smaller plaintiffs’ firms have initiated more securities class actions on behalf of individual, retail investors, largely against smaller companies that have suffered what I call “lawsuit blueprint” problems such as auditor resignations and short-seller reports.  This trend – which has now become ingrained into the securities-litigation culture – will significantly influence the way securities cases are defended and by…
  • Melinda Haag, top federal prosecutor in S.F., is stepping down – SFGate

    Securities Docket
    31 Jul 2015 | 6:40 am
    U.S. Attorney Melinda Haag, who handled criminal cases against state Sen. Leland Yee and baseball star Barry Bonds during five years as the chief federal prosecutor for coastal Northern California, announced her resignation Wednesday. Haag, 53, told staffers at a morning meeting in San Francisco that she will step down Sept. 1 and spend some time with her family, said Abraham Simmons, a spokesman for the office. He said she has not specified a reason for leaving and has not yet lined up another job. via Melinda Haag, top federal prosecutor in S.F., is stepping down – SFGate
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    HealthBlawg :: David Harlow's Health Care Law Blog

  • The Operating System for Value-Based Care

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

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

    David Harlow
    20 Jul 2015 | 5:40 am
    Tucked into the FDA innovations of the 21st Century Cures Act recently passed by the House of Representatives and sent over to the Senate is a subtitle on interoperability. (Link goes to bill summary and status page. See Title II – Delivery, Subtitle A – Interoperability, pp. 244-298 of the PDF of the bill as sent from the House to the Senate. H.R. 6, 21st Century Cures Act.) Your faithful HealthBlawger will highlight some interesting points; it is worth reading the whole subtitle. ONC issued a draft ten-year interoperability roadmap earlier this year. While it represents a…
  • On Making Patient Reviews of Physicians More Useful

    David Harlow
    29 Jun 2015 | 5:50 am
    I recently hosted a Google Hangout on Air entitled Patient Reviews of Physicians: The Wisdom of the Crowd? (presented by The Harlow Group LLC in association with The Society for Participatory Medicine). I spoke with Niam Yaraghi (Center for Technology Innovation, The Brookings Institution) and Casey Quinlan (Mighty Casey Media) following their interesting back-and-forth online on the question of whether and how patient reviews of physicians can add value. Please take a look at the posts that preceded the hangout. Here are the initial post and reaction: Niam’s post and Casey’s post – as…
  • Appointment Reminders, Patient Marketing, HIPAA and You

    David Harlow
    22 Jun 2015 | 4:54 am
    Thank you to PatientPrompt for hosting a webinar I gave last week entitled Appointment Reminders, Patient Marketing, HIPAA and You. In case you missed the webinar, here are my slides: Appointment Reminders, Patient Marketing, HIPAA and You from David Harlow You should also check out Colin Hung’s livetweeting of the presentation, and a guest post I wrote in the days before the webinar, Health Care Marketing Communications in the Face of HIPAA. If you contact the good people at PatientPrompt they will be able to hook you up with a recording of the webinar and some other goodies. David…
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    Political GPS: Womble Carlyle Political Law

  • Circuit Court Upholds Federal Contractor Contribution Ban

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

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

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

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

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

  • Is "New Vintage" On the Way Out?

    1 Aug 2015 | 3:49 am
    The furniture business is constantly evolving.  New trends come and go.  Some stick around for a while, and some burn bright for what constitutes a fleeting second in the industry.  The New Times reports that "New Vintage" is on the decline and a new lighter aesthetic is taking its place. Find the article here.Remember that with good design comes the need for design protection.  With cleaner, more minimalist lines, modern furniture design lends itself to design patent protection in certain cases.  With a modest upfront expense, and relatively short pending periods,…
  • Don't Name Your Furniture Store After A Grocery Store

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

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

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

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

  • Top Tips for Bicycle Safety on our Streets

    Kyle Bachus
    27 Jul 2015 | 7:00 am
    Colorado is a top destination for outdoor fun and adventure, and hitting our roadways by bicycle is just one of the many ways to enjoy the state’s breathtaking scenery. However, accident statistics show that a recreational outing by bike can quickly turn to serious injury, or even death. According to the latest National Highway Traffic Safety Administration figures, 743 bicyclists were killed annually in crashes with motor vehicles — that’s the highest number of fatalities since 2006. And during that same period, 48,000 bicyclists suffered accident injuries —…
  • Distracted Drivers are a Serious Danger to our Streets

    Kyle Bachus
    16 Jul 2015 | 7:00 am
    Imagine driving 55-mph down a highway while blindfolded. Sounds crazy, but thousands of drivers are doing just that every day. Motorists who send, or read, just one text while behind the wheel take their eyes of the road for 4.6 seconds on average, or the equivalent of driving the length of a football field with your eyes closed. That’s more than enough time to lose control of your vehicle and cause a devastating accident. In fact, text messaging increases the risk of a car crash by nearly 200 percent. Since cell phone use has grown so has texting and other distracted driving-related…
  • What Are You Doing to Protect Your Family From Elder Abuse?

    Kyle Bachus
    9 Jul 2015 | 7:00 am
    Today, the United States has the greatest number of citizens aged 65 and older — that’s 40.3 million elderly Americans. By 2050, that number will jump to an astounding 88.5 million, with Colorado leading the way as one state with the fastest growing aging population. In fact, within the next six years Colorado is expected to see a 54 percent increase in its senior population, or 1.3 million Coloradans 65 or older. And by 2032, that number will surge by a whopping 142 percent for those over 70. With this explosive growth in an aging population comes an unfortunate increase in elder…
  • Summertime Pool Safety Can Reduce Serious Injuries

    Kyle Bachus
    2 Jul 2015 | 4:22 pm
    Summer’s here, which means outdoor fun in the sun. And as temperatures rise, many of us will be cooling off at our favorite swimming pools. While a visit to a public watering hole or a friend’s backyard pool might seem like the perfect way to spend those long, warm summer days, lack of supervision is one of the leading causes of swimming-related accidents. According to the U.S. Consumer Product Safety Commission, each year there are more than 200,000 swimming-related injuries in the United States. Without proper supervision, adults and children can suffer preventable injuries,…
  • Top 5 Tips You Need to Know Before you File a Workers’ Compensation Claim in Colorado

    Kyle Bachus
    23 Jun 2015 | 2:15 am
    Each year, nearly 28,000 Colorado employees file a workers compensation claim to recover lost wages and medical costs associated with a workplace injury. Workers’ compensation is a type of insurance coverage employers are required to provide employees who are injured on the job or develop occupational diseases. To be covered by workers compensation, you must be an employee, and be accidentally injured on the job, or got sick from doing your job. This insurance pays for medical expenses and partial wage replacement during periods of temporary disability. The cost of workers’…
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    P.I.S.S.D. -- Personal Injury, Social Security Disability. Dallas Texas Lawyers

  • Friday Fun

    Bob Kraft
    31 Jul 2015 | 3:29 am
    I’ve done a lot of bicycle riding, both as a kid and as an adult. But I don’t think I could do one single thing that’s shown on this video of road bike skills. The post Friday Fun appeared first on P.I.S.S.D. -- Personal Injury, Social Security Disability. Dallas Texas Lawyers.
  • Protect Your Rights: What To Do If You’ve Been Charged With A Serious Crime

    Bob Kraft
    30 Jul 2015 | 7:19 am
    You have rights even if you have been charged with a serious crime. You must react to the charges quickly in order to protect yourself and to prevent the situation from escalating. You should know what to do if you have been charged with a serious crime. Stay Away From Places and People Associated With the Crime You need to stay away from all the places and people associated with the crime you are charged with. Do not go to places where you supposedly did something wrong or where accusers or witnesses are located. Do not try to contact or talk to the people involved with the case. You want to…
  • Five Social Security Disability Myths That Simply Aren’t True

    Bob Kraft
    29 Jul 2015 | 7:47 am
    Social Security is a vital program for millions of Americans. It provides much-needed monetary and medical benefits for the elderly, the disabled, and dependents of deceased workers. Unfortunately, the Social Security Administration gets a bad rap. Many people don’t fully understand everything the agency does, and subsequently most people’s opinions of its programs are based off misinformation and inaccurate reports. The disability insurance program in particular tends to have a lot of misconceptions. Here are five of the most common: Disability Benefits = Welfare Disability benefits are…
  • Asbestos Fibers Found in Crayons Made in China

    Bob Kraft
    28 Jul 2015 | 7:55 am
    The San Francisco Chronicle reports a study released by the Environmental Working Group, an environmental health advocacy organization, found asbestos fibers in some Chinese-made crayons and crime-scene fingerprint kits in Bay Area stores and online. Asbestos was found in four of 28 boxes of crayons and two of 21 kids’ fingerprint testing kits that researchers observed. The crayons were labeled with popular cartoon characters like Mickey Mouse and the Teenage Mutant Ninja Turtles. Sonya Lunder, lead author of the study and senior analyst with the group, said, “The right number of…
  • What Can You Do if You Are Involved in a Class Action Lawsuit?

    Bob Kraft
    27 Jul 2015 | 7:06 am
    When you are involved in a class action lawsuit, you may feel that there’s nothing you can do. After all, there are many people involved in the suit, and it seems like waiting it out is the best thing to do. However, there are a few things that you can do to become involved in the class action lawsuit. Stay Active in Following the Progress One thing that you can do to further the lawsuit is to stay active and monitor the case. It may be helpful for you to provide your testimony to the trial if more evidence is needed. You can also help get the word out so that more people are aware of the…
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    Marquette University Law School Faculty Blog

  • Welcome to Our August Blogger

    Bruce E. Boyden
    1 Aug 2015 | 8:00 am
    Our August student guest blogger will be 2L James Wold. James is originally from Janesville, Wisconsin, and has worked for over a decade as a sports editor. He is interested in sports law, particularly international sports law. Many thanks to our previous guest, 2L Erik Eisenheim.
  • Broad Support for Regional Economic Cooperation Found in New Law School Poll

    Alan J. Borsuk
    28 Jul 2015 | 3:37 pm
      A substantial majority of people in the Chicago “megacity” – the region stretching from the Milwaukee area, across metropolitan Chicago, and into northwest Indiana – want to see their political leaders make a priority of action that benefits the region as a whole, and not just actions focused on the needs of their own area. But what does that mean when you get into details? How does that translate into reality? That main finding of broad support for regional cooperation and those two questions shaped a groundbreaking conference at Marquette Law School on Tuesday. “Public…
  • Marquette Students Study Comparative Law in Germany

    Edward A. Fallone
    27 Jul 2015 | 3:15 pm
    This is week Two of the Summer Session in International and Comparative Law, taking place in Giessen, Germany.  Pictured to the left are my students in the class on Comparative Law.  They come from Mexico, Peru, Senegal, Brazil, Zimbabwe, Spain, Moldova, Vietnam, the Slovak Republic and, yes, even Wisconsin.  Along with my co-teacher, Thilo Marauhn from Justus Liebig University here in Germany, we have been comparing the constitutional systems of the United States and Germany, and also contrasting the quasi-constitutional structure of the European Union.  It may not look like it in the…
  • Julia Taylor on Megacity Cooperation: In Need of “the Big Opportunity”

    Marty Kaiser
    21 Jul 2015 | 7:53 am
    Julia Taylor, president of the Greater Milwaukee Committee, is a leader of the effort to improve our economy through regional cooperation. One way to accomplish this is to understand we live in the Chicago Megacity, which is defined as the 21-county region stretching from the Milwaukee area down through Chicago into northwest Indiana.  In 2012 at a conference titled, “Milwaukee’s Future in the Chicago Megacity” at Marquette Law School, she was on a panel of business leaders. Ahead of the July 28 conference, “Public Attitudes in the Chicago Megacity: Who are we, and what are the…
  • Richard Longworth on Megacity Cooperation: “I Wish I Could Be More Optimistic”

    Marty Kaiser
    20 Jul 2015 | 2:06 pm
    People in the Chicago Megacity, defined as the 21-county region stretching from the Milwaukee area down through Chicago into Northwest Indiana, need to work together with great urgency so the region can compete in the global economy.  That was the opinion of Richard C. Longworth at the 2012 “Milwaukee’s Future in the Chicago Megacity” conference and in an essay he wrote for the Milwaukee Journal Sentinel before the conference. Three years later, ahead of the July 28 “Public Attitudes in the Chicago Megacity: Who are we, and what are the possibilities?” conference, once…
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    Green Building Law Update

  • IgCC will now be Powered by ASHRAE 189.1

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

    Stuart Kaplow
    19 Jul 2015 | 10:54 am
    It was widely reported that the first green building litigation in the country was the 2007 trial court case of Southern Builders, Inc. v. Shaw Development, LLC, in the Circuit Court of Maryland for Somerset County, case no. 19-C-07-011405. In the spirit of Paul Harvey’s “The Rest of the Story” radio program, last week I telephoned Jim Shaw, of Shaw Development, to follow up, ..   In the Southern Builders case, disputes and difference arose out of the construction of a $7.5 Million, 23 unit luxury condominium and restaurant project in Crisfield, Maryland, called…
  • Lawyers' Opinion Matters in Green Building Transactions

    Stuart Kaplow
    12 Jul 2015 | 5:49 pm
    This law firm is increasingly called upon to give legal opinions that a green building is LEED certified, certifiable or otherwise ‘really’ a green building. The purpose of a legal opinion given in a commercial real estate transaction is, most simply put, to provide some or all of the parties to the transaction with comfort regarding specified aspects of the transaction.   One might ask why the need for an opinion from a lawyer that a building is green? While legal opinions are given in a variety of commercial contexts, they are increasingly being required as part of the due…
  • LEED Bird Collision Deterrence to be Required in Highland Park

    Stuart Kaplow
    5 Jul 2015 | 12:48 pm
    The City of Highland Park, Illinois, became the latest jurisdiction to consider bird friendly building regulations when on June 22, 2015 the City Council forwarded a proposal to the Plan Design Review Commission for comment prior to final approval by the Council. Specifically, the City Council is proposing that bird friendly regulations be adopted for commercial, industrial and multi-family buildings and that they follow requirements set forth in the LEED NC-2009 SS Pilot Credit 55 Bird Collision Deterrence.   The Highland Park City Code already requires bird friendly building…
  • Government Ownership of Rain is Antithetical to Increased Potable Water

    Stuart Kaplow
    28 Jun 2015 | 9:53 am
    Against a backdrop of California experiencing the worst drought in its history and the U.S. Supreme Court having before it an interstate water dispute, where Florida seeks an equitable apportionment of the waters of the Chattahoochee and Flint Rivers over the claims of upstream Georgia, the issue of “who owns the rain” is of national importance. Collecting rain and using it for a desired purpose on one’s own property should no longer violate laws. And the government should not take the rain falling on private property without just compensation.   In point of fact, laws…
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    California Employment Law Report

  • Friday’s Five: Five Terms To Include In Job Offer Letters

    Anthony Zaller
    31 Jul 2015 | 10:46 am
    Hiring new employees? For the next job offer, instead of relying on the old job offer letter you have a lawyer review in the 1990’s, it is recommended to review the offer letter to ensure it is up to date with current law. While some of the items discussed below are not necessarily new aspect to California law, it is always good to review the terms set out in the offer letter to ensure it includes the relevant terms, and incorporates the any changes in the law. Here are the five terms employers should consider to include in job offer letters: 1. At-will designation It should be clearly set…
  • Five items that should be on every employer’s end of employment checklists

    Anthony Zaller
    24 Jul 2015 | 10:44 am
    Many employers have new hire packets and hiring procedures, but just as important, and often overlooked by employers, is to have a process for departing employees. It is important to ensure an employee departing the company provides all items back to the company and is provided any legally required documentation, and is a good opportunity to take steps to address potential liability. Today’s Friday’s Five provides the five items that should be on California employers’ separation checklist: 1. List of documents to be provided by employer. As I previously wrote about, employers should…
  • California’s paid sick leave law amended – what employers need to know

    Anthony Zaller
    17 Jul 2015 | 5:22 pm
    For additional information about the changes for California’s paid sick leave signed into law on July 13, 2015, click here.
  • Governor signs bill to amend California’s paid sick leave law 13 days after employees begin accruing paid sick leave.

    Anthony Zaller
    16 Jul 2015 | 6:06 pm
    Are you tired of employment lawyers’ obnoxious headlines asking if you are sick over California’s paid sick leave law yet?  I’ll spare you the play on words and get to some of the major amendments to California’s paid sick leave law, which took effect immediately upon the Governor’s signature of AB 304 on July 13, 2015.  Therefore, the amendments apply to employers going forward.  For today’s Friday’s Five, here is a summary of five of the major amendments employers should note: 1.      Employers may now use a different accrual method other than one hour of paid…
  • Five wage deductions California employers cannot make

    Anthony Zaller
    10 Jul 2015 | 8:22 pm
    1)      Gratuities All tips are the employee’s property, and cannot be taken by the employer.  Labor Code section 350 states unequivocally that “Every gratuity is hereby declared to be the sole property of the employee or employees for whom it was paid, given or left for.” In addition, Labor Code section 351 clearly states that “[n]o employer or agent shall collect, take, or receive any gratuity or a part thereof that is paid, given to, or left for an employee by a patron, or deduct any amount from wages due an employee on account of a gratuity, or require an employee to credit…
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    Social Security Disability Lawyer

  • Changes in the Portland, Maine Hearing Office

    Maine Social Security attorney Gordon Gates
    8 Jul 2015 | 1:42 pm
    Two administrative law judges are departing the Portland Office of Disability Adjudication and Review (ODAR). Judge Vickie Evans departs this month. She is transferring to the Mobile, Alabama ODAR, where she will be the Chief ALJ. I wish her well. Judge John F. Edwards has retired. Hearings already scheduled for Judge Edwards will be heard by other ALJs. I wish him well.
  • New rule regarding evidence in Social Security disability cases

    Maine Social Security attorney Gordon Gates
    10 Apr 2015 | 4:02 am
    Social Security has issued a new rule regarding the production of medical evidence for Social Security disability cases. Entitled Submission of Evidence in Disability Claims, the rule makes several changes in the regulations effective April 20, 2015. If you are practicing in this area of law, you have to read the new rule. It is likely to affect your practice and your procedures. There is a good article discussing the new rule written by Delaware Social Security lawyer Steven Butler. One notable change is that any and all medical source statements and opinions from treating doctors must be…
  • The 36-month Reentitlement Period

    Maine Social Security attorney Gordon Gates
    16 Mar 2015 | 3:01 am
    The reentitlement period is a safety net for Title II disability recipients who return to work. The reentitlement period begins at the end of the 9-month trial work period, and lasts for 36 months. If you cannot continue working at the SGA level due to your disabling impairments during the 36-month rentitlement period, you do not have to go through the disability application process all over again. Rather, you just notify Social Security that you are unable to work, and they will restart your disability benefits right away. This safety net is intended to encourage you to test your ability to…
  • The 9-month Trial Work Period

    Maine Social Security attorney Gordon Gates
    10 Mar 2015 | 3:00 am
    Trial work is a concept that applies to people already entitled to Title II disability benefits. Sometimes Title II recipients will attempt to return to work to see how it goes. Social Security encourages this, and allows a 9-month period for a person to still receive disability benefits while testing his or her ability to work. However, this trial work can be a trap for the unwary. Some recipients try working part-time, and may earn less than the SGA amount. They assume their disability benefits will not be affected by this part-time work. After all, they were allowed earn that much when…
  • The things you tell your doctor

    Maine Social Security attorney Gordon Gates
    2 Mar 2015 | 3:00 am
    The things you tell your doctor about how you are doing (and what you are doing with your time) frequently end up in your medical progress notes. These progress notes provide your doctors with context and information about your condition. Anyone applying for disability needs to know that those medical notes become part of the record for your disability claim. These notes are read carefully by the people making decisions on your claim, whether that person is a disability examiner or an administrative law judge. I hate to say that you have to be careful what you tell your doctor, but you have…
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    The Rainmaker Blog

  • 11 Surefire Ways to Boost Your Email Marketing Open and Click-Thru Rates

    Stephen Fairley
    31 Jul 2015 | 2:36 pm
    Email marketing is one of the best and least expensive ways for small firms and solos to nurture relationships with clients and prospects on an ongoing basis. Yet the fact remains that everyone is inundated with too many emails, making a marketer’s job that much harder to cut through the clutter.  Here are 11 steps you should be taking with your email marketing to optimize your chances of having your email opened and acted upon: Have a targeted list.  This is especially important if you have more than one practice area.  Your list must be targeted so you can create content that speaks…
  • 10 Ways to Drastically Increase Lead Conversion for Law Firms [VIDEO]

    Stephen Fairley
    30 Jul 2015 | 2:39 pm
    Did you miss my free MyCase webinar last week where I shared 10 Ways to Drastically Increase Lead Conversion for Law Firms? If you did, no worries. The folks at MyCase have uploaded the recording of the session on their YouTube channel, and you can view it above at your leisure. Here’s what’s in this eye-opening recording: How long it takes for a lead to go from hot to cold 3 goals for your first call with a new lead Tactics for signing up your leads at the initial consultation Proven ways to get your appointments to show up How one law firm tripled their conversion rate in 90 days Lead…
  • How to Build a Lifestyle Law Firm

    Stephen Fairley
    29 Jul 2015 | 3:12 pm
    The ability to build a “lifestyle law firm” – one that enables you to do what you want, when you want to do it – is the key to financial independence for attorneys. So how do you start building your own lifestyle law firm? By attending a Rainmaker Retreat. You never know exactly what will resonate for each attorney who attends a Rainmaker Retreat, our two-day law firm marketing seminar, but you can be sure that each and every one of them will take away something they can put to use right away in their legal practice. Here are comments from attendees at our Rainmaker Retreat in…
  • 10 Tips to Generate Quality Leads with a Newsletter

    Stephen Fairley
    28 Jul 2015 | 2:37 pm
    I’ve heard many attorneys complain that they don’t have time to keep in regular touch with clients let alone those all-important referral sources and prospects. What they are overlooking is the easiest way to accomplish this: a monthly e-newsletter. While it may not sound as sexy as social media, newsletters have been proven time and again to be highly effective for law firms. Plus, they are easy to create and extremely low cost to send — and they keep you front and center with your clients, prospects and referral sources every month. Of course, you must offer valuable information…
  • The Key to Successful Lead Conversion for Law Firms: Fast Follow-Up!

    Stephen Fairley
    27 Jul 2015 | 2:44 pm
    Those of you who have already attended a Rainmaker Retreat, our two-day law firm marketing seminar, are familiar with the importance of fast follow-up when it comes to lead conversion. I routinely cite a study that shows leads can go from hot to cold is just five minutes. In addition, a study on the lifespan of sales leads conducted by the Harvard Business Review found that leads contacted within one hour are 7 times more likely to be converted than if the contact was two hours later – and 60 times more likely to be converted than if the contact was 24 hours later. Fast follow-up is a real…
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    Florida Estate Planning Lawyer Blog

  • Florida Guardian Advocacy

    David M. Goldman
    30 Jul 2015 | 1:44 pm
    Many parents who have children with physical and/or mental developmental disabilities need to know what to do when their child comes of age. On a child’s 18th Birthday, regardless of any physical or mental disability, their parents automatically lose the ability to make decisions for their child. This is a huge issue upon their 18th Birthday, because parents cannot even take their child to the doctor or enroll them in the programs that they may need. This is where a Guardian Advocacy is extremely helpful. By becoming the Guardian Advocate over your child with a disability, you can continue…
  • Recent Florida case invalidates the will of a husband killed by his wife

    David M. Goldman
    30 Jul 2015 | 12:05 pm
    Florida’s 4th District Court of Appeals recently decided the case of what to do with a will that left the murder’s children the victim’s estate. The trial court held the “slayer statute” did not affect the will, and did not find enough evidence of undue influence to invalidate the will, however, the appellate court did not agree. The husband Ben was murdered in 2009 and the case became famous when his wife Narcy was arrested and convicted of the murder, and the murder of Ben’s mother, shortly after. The court opinion stated she murdered Ben to assure that she and her family would…
  • How a trust can allow a parent to influence loved ones lives after death.

    David M. Goldman
    29 Jul 2015 | 11:16 am
    A trust is one of the most important estate planning tools available and can be used to achieve almost any estate plan’s purpose. A trust can even be drafted with provisions to allow the settlor, or the person who creates the trust, to set conditions for the beneficiaries to meet in order to receive distributions from the trust after the settlor passes. Recently a trust with “some strings attached” made news due to some of its stranger and oddly specific requirements of the beneficiaries. Maurice Laboz was the owner of a large real estate management firm Regal Real Estate, and when he…
  • Florida Court rules Legislative bills may cap attorney’s fees for tort actions against the state.

    David M. Goldman
    29 Jul 2015 | 7:31 am
    While this does not directly deal with Florida estate planning, I thought it may be of interest to many of my readers including attorneys. Florida’s Fourth District recently ruled last week that Florida Legislature’s has the ability to cap attorney’s fees and costs for bills that awards a plaintiff damages over the usual $200,000 cap when the state is a defendant in a tort action. This is a significant ruling because the legislature ruled to give the original plaintiff family more than the capped damages, but would not give their attorneys the contracted for contingent fees the family…
  • How to avoid issues with your Florida estate-plan

    David M. Goldman
    28 Jul 2015 | 2:35 pm
    Here at the Law Office of David M. Goldman, we come across many estate-planning problems that can be avoided by careful planning and forethought. With higher estate tax exemptions most individuals don’t have to consider avoiding estate taxes, so we often recommend a person’s estate planning goal be to leave behind a legacy that will preserve and protect your family. A common mistake clients often make is to not name a contingent beneficiary of a retirement account or bank account. Generally, every retirement account requires a person to name a beneficiary, but a problem can arise if this…
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  • The Friday Fillip: Where Is Everybody?

    Simon Fodden
    31 Jul 2015 | 6:30 am
      For the next while the Friday Fillip will be a chapter in a serialized crime novel, usually followed by a reference you might like to pursue. Both this chapter of the book and the whole story up to this point can be had as PDF files. You may also subscribe to have chapters delivered to you by email.   MEASURING LIFE   Chapter 22 Where Is Everybody? The sun would rise at one minute after seven on that October Saturday in Backton. But half an hour earlier, Rangel had an applewood fire going in the little fireplace and a pot of coffee on the drop-leaf pine table that lived,…
  • Self-Represented Litigants’ Tax Money Provides More Funding for Legal Aid Ontario

    Ken Chasse
    31 Jul 2015 | 4:00 am
    Rejoicing over Legal Aid Ontario‘s (LAO’s) recent increased funding from the Government of Ontario, should be tempered by the listed “points of conscience” that follow this next paragraph. The Government of Ontario’s 2014 budget increased Legal Aid Ontario’s financial eligibility funding of legal services by $95.7 million over the next three years. This commitment was expanded in the April 2015 budget announcement. These recent articles celebrate LAO’s increased funding: (1) “Expanding access to legal aid for Ontarians, by Nye Thomas, Legal Aid Ontario Blog, June 5, 2015,…
  • Slaw Contributor Adam Dodek Wins 2015 Walter Owen Book Prize

    Michel-Adrien Sheppard
    30 Jul 2015 | 4:18 pm
    Slaw Contributor Adam Dodek has been awarded the Canadian Bar Association (CBA)’s 2015 Walter Owen Book Prize for his book Solicitor-Client Privilege, published by Lexis-Nexis: “Solicitor-Client Privilege explains key aspects of lawyer-client confidentiality, analyzes the exceptions to privilege, conditions where privilege is unclear, and situations of competing interests that might bring into question the application of privilege (…) ” “Prof. Dodek teaches public law and legislation, constitutional law, legal ethics and professional responsibility, and a seminar…
  • Drama at the Quebec Bar Escalates Into Legal Action

    Yosie Saint-Cyr
    30 Jul 2015 | 6:00 am
    The suspended Bâtonnière of the Quebec Bar Association, Lu Chan Khuong, has filed a lawsuit against the association and its administrators to overturn the suspension and reinstate her until the court determines whether the association’s board of directors had the right to relieve her of her duty. (Find the background here on Slaw.) Khuong is also seeking $95,000 in damages. And of course, the Quebec Bar is vigorously defending its position with allegations of damage to the institution’s reputation and the reputation of its directors and officers. In addition, the board has convened…
  • Slaughtering the Judicial Scapegoat

    Edward Prutschi
    30 Jul 2015 | 4:00 am
    Thousands of years ago the Hebrew Bible records a practice of the ancient Israelites. Aaron, spiritual leader and High Priest, would select two goats designating one as a sacrifice for God while the other – designated by a red string tied around its neck – had the distinct misfortune of representing the nation’s sins and was cast off the precipice of a cliff; the original scapegoat. Centuries later, far from the desert wilderness of the early Jews, Prime Minister Harper (along with a host of pundits, authors, and a sizeable portion of Canadians) has tied a similar crimson knot into a…
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    Florida Estate Planning Lawyer Blog

  • Florida Guardian Advocacy

    David M. Goldman
    30 Jul 2015 | 1:44 pm
    Many parents who have children with physical and/or mental developmental disabilities need to know what to do when their child comes of age. On a child’s 18th Birthday, regardless of any physical or mental disability, their parents automatically lose the ability to make decisions for their child. This is a huge issue upon their 18th Birthday, because parents cannot even take their child to the doctor or enroll them in the programs that they may need. This is where a Guardian Advocacy is extremely helpful. By becoming the Guardian Advocate over your child with a disability, you can continue…
  • Recent Florida case invalidates the will of a husband killed by his wife

    David M. Goldman
    30 Jul 2015 | 12:05 pm
    Florida’s 4th District Court of Appeals recently decided the case of what to do with a will that left the murder’s children the victim’s estate. The trial court held the “slayer statute” did not affect the will, and did not find enough evidence of undue influence to invalidate the will, however, the appellate court did not agree. The husband Ben was murdered in 2009 and the case became famous when his wife Narcy was arrested and convicted of the murder, and the murder of Ben’s mother, shortly after. The court opinion stated she murdered Ben to assure that she and her family would…
  • How a trust can allow a parent to influence loved ones lives after death.

    David M. Goldman
    29 Jul 2015 | 11:16 am
    A trust is one of the most important estate planning tools available and can be used to achieve almost any estate plan’s purpose. A trust can even be drafted with provisions to allow the settlor, or the person who creates the trust, to set conditions for the beneficiaries to meet in order to receive distributions from the trust after the settlor passes. Recently a trust with “some strings attached” made news due to some of its stranger and oddly specific requirements of the beneficiaries. Maurice Laboz was the owner of a large real estate management firm Regal Real Estate, and when he…
  • Florida Court rules Legislative bills may cap attorney’s fees for tort actions against the state.

    David M. Goldman
    29 Jul 2015 | 7:31 am
    While this does not directly deal with Florida estate planning, I thought it may be of interest to many of my readers including attorneys. Florida’s Fourth District recently ruled last week that Florida Legislature’s has the ability to cap attorney’s fees and costs for bills that awards a plaintiff damages over the usual $200,000 cap when the state is a defendant in a tort action. This is a significant ruling because the legislature ruled to give the original plaintiff family more than the capped damages, but would not give their attorneys the contracted for contingent fees the family…
  • How to avoid issues with your Florida estate-plan

    David M. Goldman
    28 Jul 2015 | 2:35 pm
    Here at the Law Office of David M. Goldman, we come across many estate-planning problems that can be avoided by careful planning and forethought. With higher estate tax exemptions most individuals don’t have to consider avoiding estate taxes, so we often recommend a person’s estate planning goal be to leave behind a legacy that will preserve and protect your family. A common mistake clients often make is to not name a contingent beneficiary of a retirement account or bank account. Generally, every retirement account requires a person to name a beneficiary, but a problem can arise if this…
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    Native American Legal Update

  • Northwest Tribes Win Major Fishing Rights Ruling

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

    Greg Guedel
    8 Jul 2015 | 9:49 am
    A Virginia federal judge has upheld the U.S. Patent and Trademark Office's decision to cancel the Washington Redskins' trademark registrations, rejecting the team's argument that the federal ban on offensive trademarks is unconstitutional.  The ruling from U.S. District Judge Gerald Bruce Lee affirms a decision last June by the USPTO's Trademark Trial and Appeal Board that “Redskins” violated Section 2a of the Lanham Act that bars “disparaging” registrations. The court's decision stated the challengers to the trademark had met the technical legal requirements to…
  • US Supreme Court To Decide Tribal Jurisdiction Over Fortune 500 Company

    Greg Guedel
    17 Jun 2015 | 2:04 pm
      For the first time in seven years, the U.S. Supreme Court will hear a tribal jurisdiction case that impacts law enforcement and civil actions on tribal land.  The Court has granted certiorari to the case of Dollar General Corporation v. Mississippi Band of Choctaw Indians. Dollar General operates a store on trust land on the reservation. The tribe issued a license to the business, whose manager is accused of sexually assaulting a minor who was working there as part of a youth training program.  The minor's parents sued Dollar General and the manager in tribal court, seeking…
  • Chickasaw Nation's Sovereignty Trumps Federal Labor Laws

    Greg Guedel
    9 Jun 2015 | 9:57 am
    The National Labor Relations Board (NRLB) has issued a decision indicating that the Chickasaw Nation can operate outside the confines of the National Labor Relations Act (NLRA) because it is a sovereign Indian nation with legal protections based on its treaties with the United States. “Applying the test established by the Board in San Manuel Indian Bingo & Casino … we find that application of the Act would abrogate treaty rights, specific to the Nation, contained in the 1830 Treaty of Dancing Rabbit Creek,” according to the Board’s decision and order, issued June…
  • Canadian Boarding Schools Inflicted "Cultural Genocide" Against Indigenous Children

    Greg Guedel
    4 Jun 2015 | 10:59 am
    Canada's Truth and Reconciliation Commission has completed a multi-year investigation regarding the treatment of children of First Nations ancestry in state-supported boarding schools.  In its final report entitilted "Honouring the Truth, Reconciling for the Future", the Commission states: For over a century, the central goals of Canada’s Aboriginal policy were to eliminate Aboriginal governments; ignore Aboriginal rights; terminate the Treaties; and, through a process of assimilation, cause Aboriginal peoples to cease to exist as distinct legal,…
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    Technology & Marketing Law Blog

  • 9th Circuit Rejects VPPA Claims Against Netflix For Intra-Household Disclosures

    Venkat Balasubramani
    31 Jul 2015 | 1:25 pm
    Shutterstock / SoulCurry – I love My Privacy Plaintiffs sued Netflix under the Video Privacy Protection Act for Netflix’s display of a subscriber’s queue and recommendation list on televisions connected to the subscriber’s account. In other words, if a household is sitting around in front of a television that accesses someone’s Netflix’s account, all of the household could view the account-holder’s queue and recommendation lists: The content of these lists, as a result are visible to family members, friends, or guests of Netflix subscribers who use a subscriber’s…
  • Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership

    Eric Goldman
    31 Jul 2015 | 8:04 am
    Photo credit: Dogs Playing Game Zerr // ShutterStockWhen is it appropriate to send copyright takedown notices in the midst of an underlying battle over who owns the copyright? This issue is coming up with increasing frequency, as takedown notices can create more battlefronts for the parties to try to gain leverage each other. So long as the Rossi case is good law, it seems like each party can legitimately send takedown notices on the other’s publication efforts without running afoul of 512(f). The first case below disposes of the matter easily on that basis. The second case…
  • Is Amazon Liable For IP Violations By Its Marketplace Vendors? (Forbes Cross-Post)

    Eric Goldman
    29 Jul 2015 | 7:32 am
    I wonder if trying to educate consumers about fake animal-shaped pillowcases just makes consumers more interested in finding the cheaper option?Animal-shaped pillows are cute and fluffy, except when they spur litigation. Recently, the Milo & Gabby brand sued Amazon for IP infringement because merchants allegedly sold knockoffs of its “Cozy Companion Pillowcases.” Amazon has successfully avoided IP liability for its marketplace, and a recent ruling rejected most of Milo & Gabby’s claims. However, a key piece of Milo & Gabby’s claim survived Amazon’s…
  • If You’re Going To Incorporate Online T&Cs Into a Printed Contract, Do It Right–Holdbrook v. PCS

    Eric Goldman
    27 Jul 2015 | 6:23 am
    Photo credit: broken chain // ShutterStockThe plaintiff runs a pediatric dentistry. It retained defendant PCS to provide cloud services. The dentistry alleges that PCS subsequently locked it out of the cloud services improperly. The dentistry sued PCS for the lockout, and PCS sought to arbitrate the case based on an arbitration clause. When the dentistry retained PCS, it signed a “Managed Support Plan” contract. PCS delivered this file electronically but he dentistry could not accept the Managed Support Plan electronically. Instead, it printed out the file and physically signed…
  • Seventh Circuit: Data Breach Victims Have Standing Based on Future Harm

    Venkat Balasubramani
    24 Jul 2015 | 8:56 am
    Shutterstock / SoulCurry – I love My Privacy Plaintiffs sued Neiman Marcus on behalf of a putative class alleging claims arising out of a 2013 data breach. Neiman Marcus informed its customers (in 2014) that an attack had occurred and 350,000 cards had been exposed. Neiman Marcus first learned of fraudulent charges in December 2013, but according to plaintiffs, Neiman Marcus kept the information confidential so as to not disrupt the “lucrative holiday shopping season”. Neiman Marcus’s position was that while card information was compromised, no other sensitive information was…
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    The California Employment Law Blog by Mediator Steven G. Pearl

  • New Law: Requesting Accommodation Constitutes Protected Activity Under the FEHA

    Steven G. Pearl
    29 Jul 2015 | 8:00 am
    In Rope v. Auto-Clor System of Washington, Inc. (2013) 220 Cal.App.4th 635 (discussed here), the plaintiff sued his former employer, alleging that it violated the Fair Employment and Housing Act (FEHA) by terminating him after he requested leave from work so that he could donate a kidney to his sister. The Court of Appeal held, among other things, that he could not state a retaliation cause of action under the FEHA because his request for leave did not constitute protected activity. On July 15, Governor Brown signed AB 987, reversing this holding. AB 987 adds…
  • New Law: Cheerleaders for Californai-Based Professional Sports Teams To Be Employees

    Steven G. Pearl
    27 Jul 2015 | 12:39 pm
    Signed by Governor Brown on July 15, AB 202 adds Section 2754 to the Labor Code, providing that cheerleaders for California-based professional sports teams are employees, rather than independent contractors. The statute applies "for purposes of all of the provisions of state law that govern employment, including the Labor Code, the Unemployment Insurance Code, and the California Fair Employment and Housing Act." The new law goes into effect on January 1, 2016.The text of the bill is available here.
  • Baker v. Microsoft: Ninth Circuit Addresses Effect of Prior Order Denying Class Certification in Related Matter

    Steven G. Pearl
    24 Jul 2015 | 2:13 pm
    I didn't see this case when it came down in March, but the Court modified it a couple of weeks ago, so I'll discuss it now.In 2007, purchasers of Microsoft Xbox 360 game consoles brought a putative class action, alleging design defects. Scratched Disc Litigation, 2009 WL 10219350. The judge in that case denied certification, finding that common issues did not predominate because most Xbox owners had not experienced the purported defect. In Baker v. Microsoft Corporation, ___ F.3d ___ (9th Cir. 3/18/15, mod. 7/20/15), another group of Xbox owners brought another putative class action alleging…
  • Henson v. C. Overaa & Company: Court Issues Decision Regarding Apprentices under Prevailing Wage Law

    Steven G. Pearl
    9 Jul 2015 | 8:00 am
    A quick one for the prevailing wage folks out there. In Henson v. C. Overaa & Company (6/29/15) --- Cal.App.4th, the plaintiffs filed a class action, alleging that the defendant violated California's prevailing wage law by hiring construction craft laborer (laborer) apprentices instead of pipefitter apprentices to work on public works projects. The plaintiffs alleged that they lost wages and training as a result of this practice. The trial court granted summary judgment for the defendant, finding that the journeymen on the relevant projects were classified as laborers, and the law merely…
  • Pinela v. Neiman Marcus: Court Affirms Order Denying Motion to Compel Arbitration

    Steven G. Pearl
    8 Jul 2015 | 11:20 am
    In Pinela v. Neiman Marcus Group, Inc. (6/29/15) --- Cal.App.4th ---, the plaintiffs brought a class and PAGA representative action alleging a number of wage and hour violations. The trial court granted the defendant's motion to compel arbitration, except as to the PAGA claims. The trial court later reconsidered and denied the motion, holding that the arbitration agreement was illusory, The Court of Appeal affirmed, holding as follows: Under Code of Civil Procedure section 1008, a trial court may exercise its inherent discretion to reconsider any issue at any time, and the trial…
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    Brent Britton

  • Five Ways to Put My Kids Through College

    13 Jul 2015 | 5:48 pm
    As your corporate and IP lawyer, I would like to thank you for the situations into which you get yourself, extraction from which requires the payment of substantial sums of cash to me. Far more cash, it must be said, than you would have paid me had you brought the situation to me in the first place. Anyway, here’s how to put my kids through college. 5. Promise employees and other people lots of stock, but don’t paper anything with actual contracts. Come to your lawyer a year or more later asking for “corporate cleanup.” This will take weeks, not days. Oooo… I am…
  • Five Ways to Desuckify Internet Advertising

    12 Feb 2015 | 12:25 pm
    The other day I surfed a car company’s website. Then I bought a car from that company. Nice and neat. I’m happy. They’re happy. Ever since then, however, everywhere I go on the web, I am getting served up ads from that very company for that very car. The one I already bought. Whataminute. What? I think it is safe to say I am the last person who is likely to buy that car in the short term. Because, you see, there is a shiny new one in my garage. I am out of the market for a couple years. I am the worst person to see car ads. Seeing ads for that car, every single day, on every site I…
  • All “A Board” — The Difference between Directors and Advisors

    25 Sep 2014 | 8:36 am
    If you’re an entrepreneuryou’ve probably been told that your company needs a good board. You may have overheard other entrepreneurs speak — perhaps boastfully, perhaps resentfully — about their powerful or active (or activist) boards.  But what kind of thing is this board of which everyone speaks? It is probably one of two things: a Board of Directors or a Board of Advisors. And they are two very different things. In short: The Board of Directors oversees the CEO and sets the company’s overall direction; its members are elected by an annual vote of the company’s stockholders. The…
  • Embaggen the cat, or let it out? (to NDA or not to NDA)

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

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

  • Modern Families and Modern Money Worries

    1 Aug 2015 | 3:45 am
    Modern Families and Modern Money Worries Financial advice is normally geared toward traditional families, but single-parent, same-sex or multigenerational households may gain from tailored advice.
  • Hitting the Gym and the Trails, Looking to Extend the Golden Years

    1 Aug 2015 | 3:45 am
    Hitting the Gym and the Trails, Looking to Extend the Golden Years Retirees who want to live longer and enjoy those postwork years use their discretionary incomes to seek help with healthful eating and exercise.
  • In Delta’s Frequent-Flier Magic Trick, Not Just Rabbits Disappear

    31 Jul 2015 | 11:22 pm
    In Delta’s Frequent-Flier Magic Trick, Not Just Rabbits Disappear Over the last 18 months, the airline has been engaged in some sleight of hand, no longer posting a chart explaining how many miles a free ticket will require.
  • SEC News - Whistleblower Award, Insider Trading, Microcap Market Manipulation

    29 Jul 2015 | 7:11 am
    Three Penny Stock Promoters Behind Pump-and-Dump SchemesThree alleged microcap stock scammers have been charged with defrauding investors by disseminating promotional e-mails exhorting readers to immediately buy purportedly hot stocks so they could secretly sell their own holdings at a substantial profit.SEC Pays More Than $3 Million to WhistleblowerThe SEC announced a whistleblower award of more than $3 million to a company insider whose information helped the SEC crack a complex fraud.  The multi-million dollar payout is the third highest award to date under the SEC’s whistleblower…
  • SEC News - Ponzi Schemes, Rule Violations, Fraudulent Funds

    27 Jul 2015 | 7:26 am
    Oil Company and CEO Charged in Scheme Targeting Chinese-Americans and EB-5 InvestorsA Bay Area oil and gas company and its CEO have been charged with running a $68 million Ponzi-like scheme and affinity fraud that targeted the Chinese-American community in California and investors in Asia, including some solicited as part of the EB-5 Immigrant Investor Program. SEC Halts Pyramid/Ponzi Scheme Targeting Spanish and Portuguese CommunitiesFraud charges and an asset freeze have been announced against the operators of a pyramid and Ponzi scheme falsely promising a gold mine of investment…
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    Allen & Allen Law Blog RSS Feed

  • What Are the Texting and Driving Laws in Virginia?: Video

    Allen, Allen, Allen & Allen Personal Injury Attorneys
    31 Jul 2015 | 7:30 am
    Personal injury attorney Jamie “Mick” Kessel explains the dangers of texting and driving and the laws enacted to reduce this risk.
  • New Report Shows Self-Driving Cars Involved in Eleven Accidents

    Allen, Allen, Allen & Allen Personal Injury Attorneys
    31 Jul 2015 | 6:00 am
    Author: James Mick Kessel, Richmond, Virginia Personal Injury Lawyer Self-driving cars have been a major up-and-coming technology for more than half a decade.  In the past year Google has at last secured permits allowing them to test their latest self-driving models on public roads. As a part of this next phase of development, the company is required to disclose all accidents involving the self-driving cars. According to the most recent report released by the company, there have been three accidents since the new reporting rules went into effect in September, and eleven since the early…
  • Safety Tips for National Heatstroke Prevention Day July 31st

    Allen, Allen, Allen & Allen Personal Injury Attorneys
    27 Jul 2015 | 6:30 am
    Author: James Mick Kessel, Richmond, Virginia Personal Injury Lawyer Safe Kids Worldwide (Safe Kids) and the National Highway Traffic Safety Administration (NHTSA) have teamed up again this year to make July 31, 2015 National Heatstroke Prevention Day. This nationally recognized day is meant to bring awareness to the dangers of leaving children, pets and adults in hot cars. Medically defined as “hyperthermia,” heatstroke is a particular danger to children because their bodies heat up 3 to 5 times faster than adults. Children injured due to heatstroke in hot cars suffer ailments including…
  • Boating Safety: What Does Virginia Law Require?

    Allen, Allen, Allen & Allen Personal Injury Attorneys
    24 Jul 2015 | 6:00 am
    Since 2007, Virginia requires operators of personal watercraft (PWC) and motorboats to complete a boating safety education course.
  • Pool Safety – The Dangers of Residential Pools

    Allen, Allen, Allen & Allen Personal Injury Attorneys
    21 Jul 2015 | 6:00 am
    Unlike community pools, backyard pools might not have any adults supervising the swimmers, let alone any adults with medical training or a lifeguard certification.
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    Construction Law Musings- Richmond, VA

  • Thoughts on Letting Go at ALPS 411

    Christopher G. Hill
    28 Jul 2015 | 8:00 am
    Once again, the folks over at the ALPS411 Blog have let me invade and post some thoughts from the world of solo construction practice.  This time, they asked for (and I hope I delivered) some of my better thoughts on “letting go” of work once the work day is done.  Here’s a bit of an excerpt: One of the hardest things for a solo construction attorney like me (or any other lawyer) is how to “let go” and leave the office at the office (or the [wherever you may work]). As conscientious professionals we spend our days obsessing about other peoples problems,…
  • Why is Modular Today’s Building Answer?

    Christopher G. Hill
    24 Jul 2015 | 6:00 am
    Originally posted 2011-10-26 09:00:11. Republished by Blog Post PromoterFor this Wednesday edition of Guest Post Friday, we welcome Jeff Dusing of the Modular Space Corporation (ModSpace).  Jeff is the Creative Communications Manager at ModSpace, a modular construction company that provides temporary and permanent solutions for commercial building projects. ModSpace has 80 branch locations across the U.S. and Canada, and offer solutions to suit your building needs such as office trailers, portable classrooms, mobile storage containers, and even modular office complexes. Why all the hype…
  • Make Your Contract Work for You: Top 5 Clauses to Review Before Signing

    Christopher G. Hill
    24 Jul 2015 | 6:00 am
    For this week’s Guest Post Friday here at Musings, we welcome back Rob Pitkin.  Rob (@KCconstrlawyer) is an attorney with the Construction Law Group of Horn Aylward & Bandy, LLC in Kansas City, where he handles Construction disputes and other types of sophisticated business litigation.  Originally from Iowa, he graduated from Wheaton College in Illinois and Wake Forest University School of Law in North Carolina.  Rob is listed in Best Lawyers in America in Construction Law and serves as an Arbitrator on construction cases for the American Arbitration Association. He has been…
  • Payment Bond Claim Notice Requires More than Mailing

    Christopher G. Hill
    20 Jul 2015 | 6:00 am
    USPS service delivery truck in a residential area of San Francisco, California (Photo credit: Wikipedia) It’s been a while since I posted something new relating to Virginia’s “Little Miller Act” and its various notice requirements for a subcontractor to make a payment bond claim. I have posted on the basics of a Virginia payment bond claim previously here at Musings.  One of these basics is the 90 day notice requirement for suppliers or second tier subcontractors with no direct contractual relationship to the general contractor.  A recent case from the Norfolk,…
  • Does Stricter Decertification Mean More “Leedigation?”

    Christopher G. Hill
    13 Jul 2015 | 6:00 am
    Originally posted 2010-10-04 09:00:04. Republished by Blog Post PromoterRecently, my friend and fellow construction attorney/consultant, Chris Cheatham (@chrischeatham) posted the news that USGBC will be more stringent on the de-certification front. This statement relates to the continued energy performance of LEED certified buildings and increases the likelihood that energy performance (as opposed to mere reporting) could lead to de-certification. I have discussed on several occasions the potential legal risks relating to green building.  One of the big potential sources for such litigation…
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    CAFA Law Blog

  • Missouri Court Applies CAFA’s Two-Thirds Citizenship Exception in Granting Remand (McGlinchey Stafford PLLC)
    30 Jul 2015 | 9:45 am
    Hood v. Gilster-Mary Lee Corp., 2015 WL 328409 (W.D. Mo. Jan. 26, 2015) A district court in Missouri granted a motion to remand finding that plaintiffs successfully established an exception to removal under CAFA. The Court relied on 28 U.S.C. § 1332(d)(4),which provides, in part, that a court shall decline to exercise jurisdiction over a class action in which: (i) over two-thirds of class members are citizens of the State in which the action was originally filed; (ii) at least one defendant from whom significant relief is sought, and whose conduct forms a significant basis for the claims…
  • Amount In Controversy Is Determined By Four Corners Of The Pleadings And There Is No Duty To Make Further Inquiry. (McGlinchey Stafford PLLC)
    25 Jun 2015 | 11:31 am
    Adams v. Toys ‘R’ Us, 2015 WL 395214 (N.D. Cal. Jan. 29, 2015). A district court in California denied remand finding that the allegations in the complaint were sufficient to assume an amount-in-controversy in excess of the jurisdictional minimum under CAFA. Plaintiff filed this class action on behalf of herself and at least 2000 purported class members. In her complaint, plaintiff alleged that the amount-in-controversy of her individual claim was less than $30,000, in addition to an unspecified amount of attorneys’ fees. The defendant removed the action to the federal court under CAFA…
  • Parties Ordered to Show Cause Why Suit Should Not Be Remanded, Despite Stipulation that the Action Satisfied CAFA Requirements (McGlinchey Stafford PLLC)
    15 Jun 2015 | 2:43 pm
    Carroll v. Lowes Home Centers, Inc., 2014 WL 1928669 (S.D. Fla. May 6, 2014). A district court in Florida found that it lacked subject matter jurisdiction over the action after the plaintiff amended his complaint to remove those claims preempted by ERISA, and particularly after the court denied the motion for class certification.  The district court explained that the defendant had removed the case based on preemption, but not on diversity.  Although the parties stipulated that the action satisfied CAFA requirements, the district court ordered the parties to show cause as to why the case…
  • Plaintiffs Must Establish Initial Domicile for Continued Domicile to Be Presumed for Purposes of CAFA’s Local Controversy Exception (McGlinchey Stafford PLLC)
    15 Jun 2015 | 2:28 pm
    Serrano v. Bay Bread, LLC, 2014 WL 1813300 (N.D. Cal. May 6, 2014). A district court in California found that the presumption of continuing domicile applies only after it has been established; because the plaintiffs failed to establish the initial domicile of the class members, continued domicile cannot be presumed for the purposes of local controversy exception. The plaintiffs brought a putative class action in the superior court for the county of San Mateo alleging that the defendants violated California Labor Code when they failed to provide meal and rest periods, failed to pay all earned…
  • Coordination Can Be Limited To Pre-Trial Purposes To Avoid CAFA’s Mass Action Jurisdiction (McGlinchey Stafford PLLC)
    14 May 2015 | 8:52 am
    Aiona v. Bayer-Healthcare Pharm., Inc., 2015 WL 293496 (N.D. Cal. Jan. 20, 2015) Where a petition for coordination unequivocally stated that coordination was sought only for pre-trial purposes and not for a joint trial, a district court in California found that the actions did not qualify as a mass action under CAFA. Plaintiffs filed a Joint Petition for Coordination (the “Joint Petition”) under California Code of Civil Procedure § 404.1, seeking to coordinate 7 similar actions brought against the same defendant.  The plaintiffs made clear in their Joint Petition that they did not seek…
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    Lowering the Bar

  • Toddler Enjoys Lawyer-Themed Birthday Party

    31 Jul 2015 | 2:47 pm
    Well, this seems to have happened in January but didn't receive the publicity it deserves until the WSJ's Law Blog covered it recently. Obviously I need better sources in Prairieville, Louisiana. That's the home of the Dobra family, whose youngest member apparently watches a disturbing amount of daytime TV, because according to his family two-year-old Grayson is an enormous fan of plaintiffs' lawyer Morris Bart—or at least his TV ads: “Before he could walk or talk, every time the Morris Bart commercial would come on, he was just fixated,” [Grayson's mom] says. “You couldn’t talk to…
  • TSA: Terror Sorority Alert

    31 Jul 2015 | 11:04 am
    Seriously, I'm already way behind on other stuff—could the TSA stop doing stupid $&*# for maybe 48 hours? Is that possible? Today's report (thanks, Erika) is that thousands of passengers were delayed for hours at Hobby Airport in Houston, many missing their flights entirely, because the TSA was befuddled by a sorority-convention souvenir booklet. "We had a large group with a large number of bags to be checked and because of a certain item in those bags there was additional screening necessary," said Bill Begley with Hobby Airport. A spokesman for the airport says the sorority members were…
  • Morrissey Claims TSA Officer Groped Him

    30 Jul 2015 | 12:29 pm
    "Approve of the meat industry and you approve of Auschwitz. There is no difference." Here's something else the new TSA administrator needs to prioritize: the investigation into the recent alleged groping of Morrissey's junk at San Francisco International Airport. On his blog, True to You (via Pitchfork, Stereogum, and Jim) the fantastically talented yet perpetually maudlin artist ("Earth Is the Loneliest Planet," "You Have Killed Me," "I Have Forgiven Jesus," "Life Is a Pigsty," "Dear God Please Help Me," "My Life Is a Succession of People Saying Goodbye," so many others) related his version…
  • New TSA Administrator Explains, Part II

    30 Jul 2015 | 11:22 am
    Update: I did watch the rest of the hearing yesterday (see "New TSA Administrator to Explain How Agency Will Fail Differently From Now On" (July 29)), although to be honest I just sort of listened to it in the background while doing something else. That's probably more than most of the committee members did, so I didn't feel too bad about it. There were of course few details of any kind, but Neffenger did refer a few times to his belief that biometrics will be a big part of the answer. It will be, if the question is "how can we increase the stock price of companies that make biometric…
  • New TSA Administrator to Explain How Agency Will Fail Differently From Now On

    29 Jul 2015 | 10:33 am
    Good news, you guys—the TSA finally has a new administrator, a man who is said to be a smart and capable leader who should be able to develop new and creative ways in which the agency will fail. Vice-Admiral Peter Neffenger joined the agency on July 4 after a long and distinguished career with the U.S. Coast Guard, where he had risen to Vice-Commandant before apparently deciding to end his career at the TSA. He replaces acting administrator Melvin Carraway, who was "reassigned" after internal testing showed that TSA employees failed to detect guns and bombs approximately 95.7% of the…
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    3 Geeks and a Law Blog

  • Google Loogle

    30 Jul 2015 | 11:39 am
    In his post the "Great Google Debate", Mark Gediman suggested I was wise to not touch the debate on Google, and while I am happy to take the compliment, it also makes me wonder if somewhere down the road we (and by we, I mean those industry insiders, you know who you are) can't create a Google equivalent to support the Legal industry. Imagine a single source that allows researchers to bridge the chasm between the business of law and the practice of law.  Let me explain. On that same panel at AALL, I was asked where CI should report, my reaction drew a chuckle and was rapidly tweeted and…
  • The Great Google Debate or "I am not touching this"

    29 Jul 2015 | 3:49 pm
    I just returned from the AALL annual meeting in Philadelphia and had an interesting discussion with a colleague about Google.  First, let me set the scene: I was on a panel with Zena Applebaum and we had just answered a question about our favorite CI resources.  A member of the audience then asked why neither of us had included Google in our lists. As I began to answer, Zena wisely tweeted: There is a debate going on, both within our institutions and in the research community.  Is Google a tool or a resource?  I feel that Google is just a tool, an excellent…
  • Watson Graduates Law School, Returns to America

    28 Jul 2015 | 4:00 am
    We all know this coming of age story. A boy leaves home to study abroad, sows his wild oats, and returns home a grown man, wiser and ready to take on the world. Except this coming of age story has a bit of a twist. The boy is actually a computer. And that computer's name is Watson. ROSS Intelligence, which is making headlines for its novel application of the IBM Watson machine learning platform to legal research, has been hard at work training the system to understand law. The team originally worked with Canadian legal content and lawyers, teaching Watson what "good" results looked like.
  • Fastcase 50 Announced: Add One More Geek to the List

    15 Jul 2015 | 8:15 am
    We constantly make fun of the lack of innovation in the legal field, but there are a number of highly talented people out there that battle the constant resistance to change, and make a difference for their own organizations and profession. For the past five years, Ed Walters, CEO of Fastcase, has recognized those whom he lists as innovators, visionaries, and leaders in the law through his Fastcase 50 Award Winners. I was honored to be a part of the inaugural Fastcase 50 back in 2011, and I'm even happier that my fellow Geek, Ryan McClead, received the award this year. (In…
  • One Ring to Rule Them All? Will IBM's Watson Transform Contract Review and Law Practice?

    8 Jul 2015 | 9:07 am
    Ed. Note: Please welcome guest blogger Noah Waisberg, CEO of Kira Systems, and a good friend of the 3 Geeks. Noah was on an ILTA Panel with me last year, and will participate in the follow up to that panel this year called, Legal Technology Innovation: Bolstering AND Destroying Legal Work.  This post originally appeared on the Kira Inc. Blog. - RM] [CC] Gengiskanhg Watson is almost certainly the most significant technology ever to come to law, and it will give lawyers permission to think innovatively and open up the conversation about what is possible in a field…
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    The High-touch Legal Services® Blog...for Startups!

  • “Happy Birthday” May Be in the Public Domain, After All

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

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

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

    26 May 2015 | 4:57 pm
    I have used the term “operating agreement” in quite a few of this blog’s posts. However none of those posts explains in detail what a limited liability company (LLC) operating agreement must contain. This post provides that information. The required contents of an operating agreement depend on the state in which the LLC is formed. Operating Agreement – California In California, where I practice, the definition of an operating agreement is set forth in Corporations Code Section 17701.02(s). “Operating agreement” means the agreement, whether or not referred…
  • What is the Origin of the Copyright Symbol (©)?

    7 Apr 2015 | 8:00 pm
    This post about the origin of the copyright symbol (©) is based on my answer to a Quora question. See Why are the symbols of “©” and “®” used to identify copyrights and registered trademarks? Copyright Symbol as Part of Copyright Notice The copyright symbol “©” can be part of a copyright notice under current copyright law. See 17 USC Section 401(b). (For more information about copyright notices, see Copyright Protection in Once Easy Lesson .) Copyright Symbol Appears in 1909 Wikipedia provides interesting information about the origin of the copyright…
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    Gamso - For the Defense

  • Just a Simple Human Act

    29 Jul 2015 | 10:42 pm
    This is Leroy Smith.Thoughtful, composed.This is Leroy Smith, too.Therein lies a tale.Smith is the Director of South Carolina's Department of Public Safety.  He was working the state capital that day, along with bunches of his officers.  They were doing crowd control for the rallying New Black Panther Party members who were cheering the removal of the Confederate Battle Flag and shortly afterward the rallying Klansmen and National Socialists on the other side of the building protesting the Battle Flag's removal.Just another 100 degree July day in the trenches of our continuing…
  • Against My Better Hopes

    27 Jul 2015 | 10:41 pm
    I was talking with another lawyer about an appeal someone might be filing.  He thought it surprising that instead of rooting for a defense win, the criminal defense bar might actually be hoping that the prosecutor prevailed.  On the particular facts of the case, it would make better law.No big deal, I said.  It's the sort of thing that happens more than you'd imagine.  I want to win the case for this client, but on the peculiar facts, the government's argument would do more good for the defense bar.A variation involves getting a case into the Supreme Court - Ohio's, the…
  • Please, No More Laws - UPDATED

    27 Jul 2015 | 5:23 am
    Over at Fault Lines today, I expect them to put up a post of mine (I don't do the actual posting there) about the federal prosecution of Dylan Roof for the hate crime of killing people at the Emanuel African Methodist Episcopal Church in Charleston, S.C. after the state has already indicted Roof the underlying crime of killing people at the Emanuel African Methodist Episcopal Church in Charleston, S.C.  Like Scott Greenfield's post at Simple Justice, it's a response to fellow Fault Liner Christian Farias who thinks it's a Jim Dandy idea for the feds to go after Roof because he deserves…
  • Self-Promotion, or Something

    22 Jul 2015 | 7:45 pm
    No, I haven't disappeared.I've been away.  There were the days at a conference on sex offender laws.  There were the days at a conference on the death penalty.  There were a couple of days of vacation, hanging out with old friends in Texas and Toledo.And as always when I'm away, there were the days catching up on the work that didn't get done while I was at conferences and R & R.  I've always said this was a hobby, which means everything else comes first.And then there's this.  Over at MimesisLaw Scott Greenfield is gathering a few lawyers to write posts about…
  • A Procedural Quagmire

    6 Jul 2015 | 6:56 pm
    Over at Fault Lines (and if you haven't been going to Fault Lines, you should start), Christian Farias has a post on the constitutional difficulty of getting the Supreme Court to declare the death penalty unconstitutional.  The problem is a constitutional conflict.  Chief Justice Warren's plurality opinion in Trop v. Dulles holds that the 8th Amendment's prohibition of "cruel and unusual punishments" must draw its meaning from the evolving standards of decency that mark the progress of a maturing society.Those evolving standards are where constitutional abolitionists…
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  • Week Adjourned: 7.31.15 – CVS, Hip Implants, Fiat Chrysler

    31 Jul 2015 | 11:29 am
    Top Class Action Lawsuits How much did you Pay for Generic Drugs at CVS? There’s a potentially $65 million dollar question, which pharmacy customers of CVS Health Corporation (CVS) are looking to get answered. They filed a class action lawsuit in the United States District Court for the Northern District of California alleging that CVS employed a fraudulent […]
  • Crazy but True: It’s Legal to Listen in on a Pocket Dial

    28 Jul 2015 | 2:28 pm
    How many times have you answered your phone only to find out that someone has ‘pocket dialed’ you by accident. Suddenly you find yourself privy to a conversation that really is none of your business…but you listen because…heh—you’re human! And you’re wondering the whole time, “could I go to jail for this?” Ok, not really, […]
  • Week Adjourned: 7.24.15 – Priceline, JP Morgan Chase, Foot Locker

    24 Jul 2015 | 2:31 pm
    Top Class Action Lawsuits Priceline’s “Name Your Own Price” …may be rebranded as “Name Your Own Settlement” if this goes to court. The internet-based hotel booking company is facing a proposed consumer fraud class action lawsuit alleging it conceals known, mandatory resort fees from “Name Your Own Price” bidders, misleading thousands of customers about the actual […]
  • Murder, Suicide, Money and a Smoking Mom

    23 Jul 2015 | 1:45 pm
    A family affair, and a tragic one at that, is keeping the Fischler family attorneys busy. One murder, one suicide and two lawsuits, if I’ve got it right. The whole mess reads like a Greek tragedy. In fact, Daniel Gotlin, defense attorney for Jonathan Schwartz, the oldest son and alleged murderer of philanthropist Barbara Weiden […]
  • Week Adjourned: 7.17.15 – Walmart, Gerber, Hotel Wrongful Death

    17 Jul 2015 | 4:06 pm
    Top Class Action Lawsuits Save Money. Live Better…? Words to live by…except for…Walmart got hit with a discrimination class action lawsuit this week, filed by an employee alleging the company denies its staff benefits for same-sex spouses. Filed by Jacqueline Cote, the lawsuit claims that Walmart repeatedly denied medical insurance for her wife before 2014, when […]
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    Bitter Empire | RSS Feed

  • Bitter Friday: Everybody Has Beef

    Brandon de la Cruz
    31 Jul 2015 | 6:45 am
    This week’s playlist is inspired by two events: Raekwon and Ghostface Killah rolling through Nashville to celebrate the 20th anniversary of Only Built 4 Cuban Linx, and a new series in town called The Set that’s opening tonight with four hours of classic rap and free pizza. It doesn’t get much better than that. Oh, and I bought a car this week. I needed a new playlist to blast in my Prius. That’s three things. Hannibal Buress did Over/Under recently and voiced his opinion on a few things. His rendition of “Lifestyle” made me a little sad while I was laughing uproariously, because…
  • Why We Can’t Stop Paying Attention To The Trump Trainwreck

    Ali Davis
    31 Jul 2015 | 6:30 am
    I’d like to say something reassuring to residents of countries outside the United States: Not one functioning adult here, including Donald Trump, believes that Donald Trump is actually running for president. And now I would like to say something maddening to residents of countries outside of the United States: Not one functioning adult here, including Donald Trump, believes that Donald Trump is actually running for president. I’m not saying that Trump wouldn’t grab, gold-plate, and bankrupt the presidency if the American people were to be cussed and/or dumbfuck enough to hand it to him.
  • July’s Playlist To Make Running Suck Less: 80s Edition!

    Tara Jenson
    31 Jul 2015 | 6:15 am
    So you’ve been trudging through your runs this month in the swampy humidity – we feel you. That’s why this month’s running playlist isn’t as much triumphant conquering feel-the-burn feet-mover tracks as just steady-wins-the-race, the race being that you succeed in slogging through your 2 or 5 or 8 steamy miles without dying. Let it be said that while there are endless amounts of 80s synth-pop, new-wave and one-hit wonders out there to pacify us nostalgic Gen-Xers through retirement, there’s a mighty slim subset of those that hit the sweet-spot of 77-85/155-175 BPM. For example,…
  • So You Want To Be A Superhero

    Joline Zepcevski
    30 Jul 2015 | 6:45 am
    And soon, you’ll be able to fulfill that superhero dream. Because, science. That’s right, scientists are currently attempting to make all our dreams come true with this stretchable conducting cable. The fiber itself is made from sheets of carbon nanotubes wrapping around a rubber core. Oh, that sounds boring? Well, do flexibile exoskeletons and morphing aircraft sound boring, hmmmm?? That’s right, it’s like something right out of a comic book. Ray Baughman, one of the team that developed the fiber, says that it can stretch up to 14 times its original length and…
  • Dear Bitter Butch: What’s Your Advice For Educating My Ignorant White Gay Male Peers?

    Haddayr Copley-Woods
    30 Jul 2015 | 6:30 am
    Dear Bitter Butch, I’m a gay man in my 40s with some friends who have a big case of white gay privilege. When we talk about other parts of the LGBT community, there’s a lot of eye-rolling if the subject is anyone other than a white gay man (and they still think that bisexuals “just haven’t chosen a team yet”). I chalk up some of their resistance to being dismissive of “those crazy kids.” What’s your advice for educating them to have a more nuanced understanding of how people identify and express themselves, especially if it’s not one of the well-known categories? Thanks,…
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    Rochester Bankruptcy and Debt Relief

  • Can Debtor Keep a Credit Card After Filing Bankruptcy

    12 Jul 2015 | 5:48 pm
    I am often asked if debtor can keep a credit card after the bankruptcy is filed, especially if the credit card does not have a balance. Generally, debtors are always interested in trying to keep a credit card after the bankruptcy is filed whether as a means of having credit for emergencies or renting a car or hotel room. My answer to these questions as follows.  Initially, the debtor is required to disclose to the bankruptcy court everyone the debtor owes money to. So, if there is money owed to a credit card issuer, this debt would have to be disclosed and listed in the petition,…
  • Timeline of Chapter 7 Bankruptcy Case

    13 Jun 2015 | 7:55 pm
    Typical debtor(s)’s Chapter 7 bankruptcy case begins once a Petition is filed with the Bankruptcy Court. If the debtors are married, they may file a joint Petition. Debtor’s petition includes schedules listing assets, creditors, income, expenses, executory contracts, leases, and co-debtors. The Schedules are customarily filed along with the Petition. The Declaration Regarding Payment Advices and Credit Counseling Certificate are also usually filed along with the Petition. The filing fee is paid at the time of filing. After filing Chapter 7 Bankruptcy, the following events take…
  • Stripping Second Mortgages in Chapter 7 Bankruptcy

    1 Jun 2015 | 7:34 pm
    Handing banks a significant victory, in Bank of America v. Caulkett, the Supreme Court ruled that homeowners who file for Chapter 7 bankruptcy may not expect to have their second mortgage loans canceled, even if they owe more on their homes than the properties are worth.  In a unanimous decision, the court held that second mortgages may not be “stripped off,” or voided, if the property is underwater, or worth less than the mortgage debt. Caulkett decision protects mortgage lenders, which extended second mortgages during the housing boom on homes that are now worth much less than their…
  • Unpaid College Tuition Can Be Discharged In Bankruptcy

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

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

  • Workplace rudeness: Death of a thousand cuts 

    Rita Handrich
    31 Jul 2015 | 4:02 am
    It makes sense. If someone is rude to you, you might become grumpy and be rude in response, or rude to those who cross your path in the wake of the mistreatment. You may think of this as a small issue but new research shows us that rude behaviors are actually harmful—and, in fact, as harmful as other negative but illegal behaviors such as harassment or discrimination. This is not really a new finding as it’s been around since the initial introduction to workplace incivility. Some would say that workplace rudeness and workplace incivility cause the “death of a thousand cuts” and we…
  • 70% of evangelicals do not see religion and science as in  conflict

    Douglas Keene
    29 Jul 2015 | 4:02 am
    At least those are the findings of the Religious Understandings of Science (RUS) study which is based on a “nationally representative survey of more than 10,000 Americans”. Sponsored by the American Association for the Advancement of Science (AAAS), this study (completed in early 2014) hit the media about a year later. Sociologist Elaine Howard Ecklund conducted the study and says evangelicals are actually less conflicted about the relationship between religion and science than are many (non-evangelical) Americans. Here are some of her findings: 60% of evangelical Protestants (and 38% of…
  • Things you always wondered about—probably  not so much

    Rita Handrich
    27 Jul 2015 | 4:02 am
    Here again is a collection of tidbits we don’t deem worthy of a complete blog post but which might be of interest or even amusing to you. Social media is how we get our news these days While you may think Twitter is receding in importance, the numbers beg to differ. A new Pew Research study tells us that ever-increasing numbers of Americans get their news from Twitter and Facebook. Sixty-three per cent of users on both platforms say they use the social media sites for news outside the realm of friends and family. (These percentages are up from 52% for Twitter users and 47% for Facebook…
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    Karl Bayer's Disputing Blog

  • Drafting the International Arbitration Clause: Part Four

    Beth Graham
    27 Jul 2015 | 8:06 am
    Corporate Counsel has published the final installment of “Drafting the International Arbitration Clause.” In “Appealing an International Arbitration Award,” Ann Ryan Robertson, Derrick Carson, and David E. Harrell Jr. explore the potential for appellate review of an arbitral award under the United Nations Commission on International Trade Law (“UNCITRAL” International Chamber of Commerce (“ICC”), International Centre for Dispute Resolution (“ICDR”), and London Court of International Arbitration (“LCIA”) Rules. According to the authors: It is generally accepted that an…
  • Drafting the International Arbitration Clause: Part Three

    Beth Graham
    26 Jul 2015 | 7:38 am
    Ann Ryan Robertson, Derrick Carson, and David E. Harrell Jr. have published Part Three of a four-part series entitled “Drafting the International Arbitration Clause.” In “Rules for Appointing an Emergency Arbitrator,” the authors discuss obtaining emergency relief in the context of international arbitration. It has long been the accepted norm in international arbitration that an arbitral tribunal has the jurisdiction to order interim measures relating to the subject matter of the dispute. It also has been long accepted that a party’s request for interim measures addressed to a…
  • Drafting the International Arbitration Clause: Part Two

    Beth Graham
    24 Jul 2015 | 6:50 am
    Corporate Counsel has published the second installment of a four-part series entitled “Drafting the International Arbitration Clause.” In Part Two, “Arbitrator Selection in Multiparty Disputes,” Ann Ryan Robertson, Derrick Carson, and David E. Harrell Jr. examine arbitrator selection in a multiparty proceeding under the United Nations Commission on International Trade Law (“UNCITRAL” International Chamber of Commerce (“ICC”), International Centre for Dispute Resolution (“ICDR”), and London Court of International Arbitration (“LCIA”) Rules. The authors begin by stating:…
  • Mediation: The Best and Worst of Times

    Beth Graham
    23 Jul 2015 | 10:00 am
    Professor Jacqueline M. Nolan-Haley, Director of the Conflict Resolution and ADR Program at Fordham University School of Law, has published “Mediation: The Best and Worst of Times,” 16 Cardozo Journal of Conflict Resolution 731 (2015); Fordham Law Legal Studies Research Paper No. 2625727. In her paper, Professor Nolan-Haley argues that forced mediation should be abandoned in favor of a consent-based system. Here is the abstract: At this period in the evolution of dispute resolution, mediation is in a unique time zone, similar to what Dickens described in a Tale of Two Cities, as the best…
  • Governor Abbott Vetoes Bill That Would Have Allowed for Mediation in Some Texas Criminal Cases

    Beth Graham
    19 Jul 2015 | 10:08 am
    Last month, Texas Governor Greg Abbott vetoed a bill that would have imported the civil mediation process into non-violent, non-sexual, and non-drug-related criminal law matters prosecuted in the state. According to a statement issued by Governor Abbott, he objected to the measure because: Mediation is a process available in civil lawsuits by which parties can work out their disputes without using courts. House Bill 3184 imports the civil law process of mediation into criminal law, allowing for mediation between the victim of the crime and the criminal to take the place of prosecution by the…
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    Bar & Bench

  • PP Rao in battle against Gauhati HC fetter on direct bail plea under CrPC

    Murali Krishnan
    31 Jul 2015 | 10:43 pm
    The Guahati High Court Bar Association (petitioner) has assailed in the Supreme Court, a judgment of the Gauhati High Court in which the High Court had held that a person before approaching the High Court for grant of anticipatory bail under Section 438 of the Code of Criminal Procedure (CrPC) and bail under Section 439 of the CrPC should first exhaust his remedies in the Sessions Court. Senior Advocate PP Rao appeared for the petitioner association along with advocate Manish Goswami. The Division Bench comprising Justices Jasti Chelameswar and AM Sapre issued notice in the case. In the…
  • Delhi Govt. launches country’s first Witness Protection Scheme [Read Scheme]

    Aditya AK
    31 Jul 2015 | 2:09 am
    The Delhi Government yesterday notified the Delhi Witness Protection Scheme, 2015, making it the first of its kind in India. According to the notification, the Scheme was introduced as a response to the Delhi High Court’s directions in Neelam Katara v. Union of India. In that case, the court prescribed guidelines for protecting witnesses. Ten years later, the same court in the Jessica Lal murder case directed the Delhi Government to frame a witness protection policy. Henceforth, witnesses in cases relating to offences which are punishable with death or life imprisonment or imprisonment of…
  • Call for Papers: KIIT Student Law Review (Submit by September 15)

    Shreya V
    30 Jul 2015 | 9:11 pm
    The KIIT Student Law Review (KSLR) is a double blind peer review journal of the School of Law, KIIT University, Bhubaneswar, Odisha. Submissions can be made under the following categories: 1. Articles (5000-7000 words exclusive of footnotes) 2. Short Articles (3000-5000 words exclusive of footnotes) 3. Book Reviews (1200-1500 words exclusive of footnotes) 4.  Case Comments (2500-4000 words exclusive of footnotes) 5. Legislative Briefs (Maximum 2500 words exclusive of footnotes) All articles and short articles must be accompanied by an abstract not exceeding 300 words. All…
  • The B&B Causelist #25: July 31, 2015 (Evening Updates)

    Murali Krishnan
    30 Jul 2015 | 9:07 pm
    Supreme Court 1. Digvijaya Singh v. Union of India & Ors. [Item 54 in court 1 – Writ Petition (Civil) 417/2015] Bench: Chief Justice HL Dattu, Arun Mishra J., Amitava Roy J. This petition pertains to the Vyapam scam. The Supreme Court had transferred investigation of the case to the CBI. Subsequently, the CBI had informed the Court that it would require time to take over and had prayed that the Special Task Force, which was initially investigating the case, should be allowed to continue with investigation of those cases which the CBI has not taken over. The Court had allowed this. When…
  • Delhi High Court dismisses (with cost) Congress MPs’ plea challenging eviction

    Smrithi Suresh
    30 Jul 2015 | 8:53 pm
    The Delhi High has dismissed a petition filed by Congress MPs’ Ambika Soni & Kumari Selja against the government’s decision to evict them from their bungalows in Lutyens’ Delhi. A Single Bench of Justice RS Endlaw also imposed costs of Rs. 25,000 on the Petitioners while dismissing the petition. The plea filed by both politicians had stated that senior parliamentarians who had earlier held office as a Union Cabinet Minister, Chief Ministerof a State or a Governor or Speaker of the Lok Sabha were eligible according to the policy published on the website of the Rajya…
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    South Florida Lawyers

  • SFL Friday -- Eretz Yisrael Cruise Ship Disaster (Naturally Also Involves Spence)!

    South Florida Lawyers
    31 Jul 2015 | 2:06 pm
    Visiting the peaceful, tranquil, and until-now totally safe Holy Land by ship?Disaster could await:
  • They Still Have Yellow Pages? How Cute!

    South Florida Lawyers
    31 Jul 2015 | 7:40 am
     Just like how the paper industry is trying to make a comeback, evidently people are fighting over the Yellow Pages:The facts presented at trial are as follows. In the late 1990s, Trent Moore (“Moore”), an amateur photographer and former owner of a yellow pages ad production company, founded Yellow Pages Photos, Inc. (“YPPI”), to create and license stock photographs tailored to the yellow pages industry. YPPI set out to create stock photos that were relevant to the directory industry from a subject matter perspective. By 2004, YPPI owned a library of over 4,000 copyrighted photos…

    30 Jul 2015 | 7:55 am
    So this happened...Charges have been dropped against an injured Iraq war veteran who was arrested after being accused of growing medical marijuana.Mathew Young was charged with cultivation after Pasco County deputies said they found plants in his home.Young said a Jacksonville attorney gave him paperwork and false information that using medical marijuana was allowed."I really to this day don't believe I did anything wrong," Young said.He said the cannabis gave him relief from a slew of medical problems he's had since returning from combat."It wasn't until I tried cannabis that everything…
  • 3d DCA Watch -- My Face Is Melting Edition!

    South Florida Lawyers
    29 Jul 2015 | 11:35 am
    So it's about 125 degrees outside, but inside the hermetically-sealed bunker the temperature is a cool, dry 38 degrees -- coincidentally the optimal temperature to serve a fresh cold lager!Let's see what those lucky concrete commandos are up to this week:Moradiellos v. Community Asphalt:Hey, our friend Judge Ramirez appears for the appellant!(Don't worry Judge, I know how hard it is to actively maintain a blog!)Key Biscayne Gateway v. Key Biscayne:If the Village fails to approve a site plan after holding a hearing, is that a "ministerial act" such that mandamus could lie?You'll have to click…
  • Trump Was Rude to Elizabeth Beck!

    South Florida Lawyers
    29 Jul 2015 | 8:48 am
    "It rubs the lotion on the skin or else it gets the hose again."We all know The Donald's a douche, but the way he treated our colleague Elizabeth Beck is just wrong:Donald J. Trump seemed irritated. He had been grilled for two hours in a lawsuit over a failed Florida real estate project, and he told the lawyer that her questions were “very stupid.”When the lawyer, Elizabeth Beck, asked for a medical break, Mr. Trump and his lawyers objected, demanding that the deposition continue. Ms. Beck said it was urgent — she needed to pump breast milk for her 3-month-old daughter, and she took the…
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    eLessons Learned

  • If I Sue My Employer Can They Access My Private Social Media Account?

    29 Jul 2015 | 6:00 am
    Everyone has some sort of social media account in this day and age. Even my mom has a Facebook and Instagram account. Therefore, an important question exists: How private is this information and could it ever be used against me in a court of law? The short answer is yes, if a court determines that […]
  • Excessive Force, Missing Video Evidence: Were the Cops Trying to Hide Something?

    22 Jul 2015 | 6:00 am
    The Philadelphia Police Commissioner and two police officers were accused of spoliation of evidence in an excessive force case. “Spoliation is the destruction or significant alteration of evidence, or the failure to preserve property for another’s use as evidence.” Kinsler v. City of Philadelphia, No. CIV.A. 13-6412, 2014 WL 3964925, at *1 (E.D. Pa. Aug. […]
  • When Do E-Discovery Costs Shift?

    15 Jul 2015 | 6:00 am
    It is a known fact that electronic discovery is costly.  For which party, however, is e-discovery costly? Does the cost of e-discovery ever shift to the other party or is it shared amongst the parties? The United States District Court for the Eastern District of Pennsylvania recently considered the cost-sharing question in the case of […]
  • Hiding Bank Account Records Can Be Criminal—Not Just For the Mob!

    8 Jul 2015 | 6:00 am
    During the course of discovery, plaintiff Luellen requested that defendant Hodge  produce bank account records.  Hodge failed to produce the bank account records, claiming that the bank, Capital One (and Charter One), had destroyed these records already. Luellen argues that Hodge was aware that the records were being sought for discovery and deliberately allowed the […]
  • Rule 37: When IT Meets IP

    1 Jul 2015 | 6:00 am
    The most important sentence of the court’s opinion in Armstrong Pump, Inc. v. Hartman, contained one word:  “Enough.”  After more than four years since the lawsuit was filed, discovery is far from complete, the case is far from ready for trial and the Court made a point to note “its frustration with the continual and […]
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    Lawyer Advertising & Attorney Marketing

  • Does Your Customer Service Kill?

    Philip Franckel, Esq.
    20 Jul 2015 | 10:24 am
    Is your law firm really going to extremes when providing customer service to your clients?  This lawsuit funding company does. The video below shows a testimonial on a TV commercial from a company providing lawsuit funding to personal injury accident victims. The accident victim tells just how far they went for him.  At 0.46 seconds, […] The post Does Your Customer Service Kill? appeared first on Lawyer Advertising & Attorney Marketing.
  • The Ever Changing Face of Advertising

    Philip Franckel, Esq.
    15 Jan 2015 | 1:58 pm, Inc. announced a deal with filmmaker Woody Allen to write and direct his first television series for Amazon Prime’s Instant Video streaming service.  The deal is a further commitment to distribute video content by Amazon since it started just over a year ago. But is it a commitment to get more viewers or sign […] The post The Ever Changing Face of Advertising appeared first on Lawyer Advertising & Attorney Marketing.
  • Rule Against Advertising Past Results is Past

    Philip Franckel, Esq.
    8 Jan 2015 | 3:00 pm
    Lawyers in Florida can now advertise past results in their advertising. The rules prohibited using past results in lawyer advertising in indoor and outdoor display, television and radio. However, a federal court held that the state ethics rules were unconstitutional and in violation of the First Amendment. The rules weren’t just thrown out. They were […] The post Rule Against Advertising Past Results is Past appeared first on Lawyer Advertising & Attorney Marketing.
  • Marketing Your Law Firm With Social Media

    Philip Franckel, Esq.
    23 Sep 2014 | 4:13 pm
    Law firms are marketing legal services with social media including Facebook, Twitter, LinkedIn, Google+, YouTube, Pinterest and others. Are you feeling left behind because you don’t have the time to interact with all of these social media sites? The question is do you really need to market your law firm on all of the social […] The post Marketing Your Law Firm With Social Media appeared first on Lawyer Advertising & Attorney Marketing.
  • How Clients Search on the Internet

    Philip Franckel, Esq.
    22 Jul 2014 | 9:50 pm
    Potential clients are searching for lawyers on the Internet using longtail keywords. FindLaw found that longtail keyword searches where someone was looking for a lawyer accounted for 32% of all searches.  67% were less valuable research queries using regular keywords, such as “DUI laws in Texas”. What’s the difference between a regular keyword, keyword phrase […] The post How Clients Search on the Internet appeared first on Lawyer Advertising & Attorney Marketing.
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    RainmakerLawyer Blog

  • Announcement From Dave Lorenzo: New Video Show

    Dave Lorenzo
    20 Jul 2015 | 7:36 am
    I’m posting this article to introduce you to something new I’m sure you will find valuable.   A few weeks ago I launched a new daily business video show to help lawyers and business leaders make a great living and live a great life.   The show is called Four Minute Fixation. Each day I “fixate” on a specific topic of interest to entrepreneurs, corporate executives and attorneys.   You can find the show in number of different places.  We post original content on our website, along with a transcript. You can also find every episode on YouTube.  Follow the link…
  • We Have Moved

    Dave Lorenzo
    11 Jul 2015 | 12:10 pm
    Attorneys: Please join us for new content updated every day at We still help attorneys make a great living and live a great life® We are just doing it in a new place. Our New Name is Valtimax Consulting. Come visit us: Continue Reading...
  • New Development Experiences from Dave Lorenzo

    Dave Lorenzo
    24 Jan 2015 | 12:30 pm
    We are excited to announce two outstanding new development experiences with Dave Lorenzo.Valtimax Revenue Revolution This full day seminar is designed to help you boost your law firm revenue in just one day. Join Dave Lorenzo as he presents his 51 best revenue growth ideas and provides you with live examples.  This is a brand new experience and Dave packs an entire year’s worth of revenue growth strategy into an eight hour seminar. There is a huge price discount available for a limited time and that makes this amazing day a phenomenal value at just $350.  But seating is limited so…
  • Wow. That Was Fast.

    Dave Lorenzo
    16 Apr 2014 | 8:28 am
    “Are you serious about taking control of your future?” This was the question being posed to me by the guy across the table. “Yes” I answered timidly. “Then you need to learn how to get things done quickly.  It doesn’t matter if you feel comfortable or not, the person who makes things happen is always going to be successful.  Even if you are wrong and you make a big mistake, if you act quickly, most of the time you can correct a mistake before it does damage.” He continued: “When people see you take an idea and turn it into to a money-making business, you want them to stop…
  • Rainmaker Lawyer is Now A Registered Trademark

    Dave Lorenzo
    30 Jan 2014 | 8:20 am
    It is with pride that I announce the registration of Rainmaker Lawyer as a Trademark on the Principal Register with the United States of America. Continue Reading...
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    Compliance Building

  • Compliance Bricks and Mortar – Pan-Mass Challenge Edition

    Doug Cornelius
    31 Jul 2015 | 6:00 am
    At the time this story gets published on Friday, I will be on bike somewhere between Hillsdale, New York and Sturbridge, Massachusetts. That’s the first leg of my Pan-Mass Challenge ride to support cancer research. I’ll end up in Provincetown on Sunday afternoon. Many of the readers of Compliance Building have generously supported my ride. Just because I’m on my bike it does not mean it’s too late to donate. Donate to the Pan-Mass Challenge Given all of the training and fundraising for the PMC, I have not had time to post as many stories as I usually have in the past.
  • Pay to Play Rule In Effect on July 31

    Doug Cornelius
    29 Jul 2015 | 6:30 am
    The Securities and Exchange Commission announced the compliance date for the ban on third-party solicitation pursuant to the Pay-to-Play rule: July 31, 2015. Rule 206(4)-5 prohibits an investment adviser from providing compensated services to a government entity, following a political contribution to certain officials of that entity. Rule 206(4)-5 became effective on September 13, 2010 and the compliance date for the third-party solicitor ban was set to September 13, 2011. The third-party solicitation ban, prohibits an investment adviser from paying a third-party to solicit advisory business…
  • Compliance Bricks and Mortar for July 24

    Doug Cornelius
    24 Jul 2015 | 5:53 am
    These are some of the compliance-related stories that recently caught my attention in between bike rides.(It’s not too late to support my Pan-Mass Challenge ride to support cancer research.) Donate $___ to the Pan-Mass Challenge SEC hires new private funds specialist by Katherine Bucaccio in Private Funds Manangement Jennifer Duggins will join the commission later this month to co-head OCIE’s Private Funds Unit alongside Igor Rozenblit. [more..] Is the Word Ethical Being Used in an Unethical Way? by Roy Snell in SCCE’s The Compliance and Ethics Blog The point here is…are we…
  • SEC Meet and Greet – Part 2

    Doug Cornelius
    21 Jul 2015 | 5:21 am
    Last week I was able to share with you the introductory letter from a firm that recently registered with the Securities and Exchange Commission and quickly received a meet and greet request. That same reader was nice enough to share his experience with me and the readers of Compliance Building. The SEC had a four office pilot program last year to do these meet and greet outreach calls. The purpose is to inform newly registered advisers of SEC resources available to them: conferences and compliance staff available on a hotline. The SEC also wants the advisor to note that exams happen and what…
  • Compliance Bricks and Mortar for July 17

    Doug Cornelius
    17 Jul 2015 | 5:00 am
    These are some of the compliance related stories that recently caught my attention. Deflategate (Part Two): My texts runneth over by Joshua C. Garbarino in The FCPA Blog The spontaneous nature of texts, often with photos, and sending them before anyone thinks about the consequences, means the texts can be a very revealing source of eDiscovery. Several courts have addressed the discoverability of employee text messages. In this post and in the final one of this series, I’ll look at some of those cases.[More…] Cybersecurity ‘Not Owned’ by Compliance but Shared: FINRA Exec in…
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    Simmons Hanly Conroy

  • Filing a Claim Related to the Highland Oil Spill

    Jo Anna Pollock
    24 Jul 2015 | 1:40 pm
    Clean-up efforts of an oil spill that released over 4,000 gallons of crude oil at the Pocahontas Pump Station, near Highland, Illinois, on July 10 are still on-going. While cleanup of the spill started immediately, the surrounding properties may have significant damage with oil being absorbed in to the soil where farmer’s crops are planted. Silver Lake, which supplies water to the city of Highland and provides much of the area’s recreational activities, had been closed as a precaution. The lake reopened on Wednesday, July 22. Plains All American Pipeline has estimated that cleanup is 95…
  • Asbestos Occupation Spotlight: Steelworkers

    Perry J. Browder
    23 Jul 2015 | 3:00 pm
    Here at Simmons Hanly Conroy, we have helped over 1,000 steelworkers file mesothelioma lawsuits who were exposed to asbestos while working in steel mills around the country. Even without the dangers of asbestos exposure, working in a steel mill is fraught with dangers between the molten hot steel and intense heat from various equipment like coke ovens and hot tops. Sadly, one of the ways many steelworkers were exposed to asbestos was through the very clothes that were supposed to protect them from the heat. Steelworkers wore special heat-resistant clothing. That protective gear was often made…
  • Meet the Attorney: Deborah Rosenthal

    Simmons Hanly Conroy
    15 Jul 2015 | 5:30 am
    If there’s one word to describe how attorney Deborah Rosenthal feels about working with clients to help them secure the justice they deserve, it’s this: Honored. “I am a true believer in justice as a basic human right and in the ability of our civil justice system to level the playing field in a way that few other institutions can,” Deborah says. As a shareholder at Simmons Hanly Conroy, Deborah currently handles cases in the firm’s mesothelioma and environmental litigation departments. She works in our San Francisco office and has spent 10 years helping to secure millions of…
  • Tips for Protecting Your Family from Take Home Asbestos Exposure

    Amy E. Garrett
    14 Jul 2015 | 6:05 am
    Some people may not realize that you don’t have to work in an occupation with asbestos products to be exposed to it. You could be at risk for “take home” asbestos exposure. This is when asbestos dust gets on a worker’s clothes and/or skin. [Click to Tweet] When they leave to go home, so does the dust, which exposes their spouses, children and other immediate family members. In some cases, children have developed mesothelioma or other asbestos-related diseases later on in life because they hugged their parents. Learn about mesothelioma. Several of our clients were exposed to asbestos…
  • Asbestos-containing Crayons, Crime Scene Kits Pose Threat to Children’s Health

    Deborah Rosenthal
    10 Jul 2015 | 8:37 am
    Earlier this week an environmental nonprofit group, the Environmental Working Group Action Fund, released a study which revealed the presence of asbestos in crayons and crime scene kits commonly used by children. Four of 28 boxes of crayons and two of 21 crime scene fingerprint kits tested positive for asbestos. All of the tainted products could be purchased in retail stores, as well as online.  The six products that contained asbestos were: Amscan Crayons Disney Mickey Mouse Clubhouse Crayons Nickelodeon Teenage Mutant Ninja Turtle Crayons Saban Power Rangers Super Megaforce Crayons…
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    Texas Wills and Trusts Law Online

  • The Complexity of Estate Planning in Blended Families

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

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

    Rania Combs
    1 Jul 2015 | 8:00 am
      I was recently reminded that incapacity is something that can happen at any age. Someone I know was diagnosed with early onset of Alzheimer’s disease at just 47 years of age. A new client has also been diagnosed with early onset of Alzheimer’s. Most people mistakenly assume that Alzheimer’s only afflicts the elderly; however, according to the Alzheimer’s Association, of the more than 5 million American’s suffering with Alzheimer’s, approximately 5 percent develop the disease early, in their thirties, forties or fifties. Alzheimer’s is a progressive condition that…
  • Can Stepchildren Force a Surviving Spouse to Sell Homestead Property?

    Rania Combs
    23 Jun 2015 | 8:00 am
    The death of a spouse can be complicated in blended families, especially if the deceased spouse’s children are not bonded with their stepparent. Problems often arise in cases of intestacy, when Texas statutes dictate how property will be divided at death. In blended families, the surviving spouse is only be entitled to keep his or her own one-half interest in the community estate. The deceased spouse’s share of the community estate will pass to his or her children in equal shares. If the deceased spouse died leaving separate real property, the surviving spouse is entitled to only a…
  • Is an Executor Required to be a US Citizen?

    Rania Combs
    17 Jun 2015 | 10:00 am
    I recently received a phone call from someone whose wife was not a US Citizen. The caller wondered whether his wife could nevertheless serve as an executor of his Will. There is no statutory restriction in Texas that prevents a non-citizen from serving as an executor or administrator of an estate. The statutes only restrict those who are: incapacitated; a felon, unless he or she has been pardoned or has had his or her civil rights restored; a nonresident of Texas who has not appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate; or…
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    A Connecticut Law Blog

  • 3 Reasons You Need A Law Firm Juris Number

    Ryan McKeen
    24 Jul 2015 | 2:44 am
    Going solo? You have a personal juris number. It’s perfectly fine. I mean, it works. You can file appearances, sign pleadings, and appear in court. It does all of the things you need it to do.  One of the rules of building your own practice is to build for success. If something is worth doing it is worth doing right – from day 1. Here are 3 reasons you need a law firm juris number: Where you start is not where you’re going to end up. You’re going to do this right. You’re going to grow. 1. Bank accounts – setting up bank accounts sucks. It takes time. Many…
  • Quoting Your Fee: Baby I’m Worth It Edition

    Ryan McKeen
    23 Jul 2015 | 4:15 am
    Alright, you’ve hung your shingle, you’ve got bank accounts, and you’ve bought the right pens And a client calls. A client who has a problem. A client who is looking to hire you to fix that problem. What are you going to charge? This post is about quoting your fee.  Here’s what you’re going to do: 1.  Read this excellent article by Sam Glover at the Lawyerist.  Sam does a great job breaking down small firm finances; 2.  Read this excellent article by Susan Cartier Liebel on your value to your clients. 3. Play this song: 4. Quote your fee. The post Quoting…
  • 10 Rapid Fire Answers About Opening Your Own Law Practice

    Ryan McKeen
    21 Jul 2015 | 7:04 pm
    Here are 10 rapid fire answers about opening your own law practice: 1. What websites should I read?  In no particular order: Lawyerist, Solo Practice University, Above the Law’s Small Firm Page. 2. Do I need an iPad? No. 3. What kind of scanner should I buy? Scansnap 4. Where should I locate my office? Near your clients or the clients you want. 5. When should I hire someone? When doing so makes you money. 6. What should I ask my accountant? Do you know how to reconcile IOLTA accounts and should I be an s-corp? 7. Should I be an S-Corp? Probably (self employment tax is a bummer). 8.
  • What I’m Working On

    Ryan McKeen
    20 Jul 2015 | 5:17 am
    This is a post only my Mom will care about. And maybe that’s stretching it. First, I’m trying to reduce my caseload temporarily. I’m referring more things out. I’m very busy with what’s on my plate in terms of cases. More importantly, I’m working diligently to further improve systems and processes in the firm. I’m implementing some exciting new technology (really several new technologies) to improve the level of service we are able to provide our clients. Really exciting stuff and more to come on this. We’ve also developed a column for Solo…
  • 10 Questions To Ask Yourself Before Going Solo

    Ryan McKeen
    8 Jul 2015 | 6:17 am
    Deciding to hang your shingle is tough. Here are 10 questions to ask yourself before going solo: 1. Am I better off working for someone else? Some very good lawyers benefit from the corporate structure of a firm and would be lost without it for a variety of reasons including support, money, and things being done for you. 2. Can I be my own boss? Being your own boss is hard. Sometimes you’ll be too hard on yourself. Other times not hard enough.  3. Where am I going to get clients? Clients are the lifeblood of any practice. 4. What is my support system? Oh you’ll need help. Who…
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    Associate's Mind

  • How to Juggle a Family and Law School

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

    Keith Lee
    24 Jun 2015 | 7:55 am
    Next in a series of long overdue book reviews, here are my thoughts on The Practice: Brutal Truths About Lawyers And Lawyering by Brian Tannebaum. Go buy this book right now. I’ll elaborate. As with my review of Supreme Ambitions, I’ll add some disclaimers up front. I’ve known Tannebaum for years now and we share the same excellent editor at the ABA, Jonathan Malysiak. I’ve actually heard people describe my book, The Marble and The Sculptor, and The Practice as “bookends.” That is, they are similar in tone and content, but one written by a new lawyer…
  • Book Review: Supreme Ambitions

    Keith Lee
    19 Jun 2015 | 8:15 am
    So this review is long overdue. I received an advance preview copy of David Lat’s debut novel, Supreme Ambitions, back in October of last year. I read it immediately and enjoyed it, but it also came at a time when I was fairly busy. One thing led to another, and I ended up putting it off for some time. Which I feel bad about as David is a friend. So here I am finally getting around to posting my book review (I’ve actually got a stack of books I’ve recieved the past few months and am in the process of getting through all of them). That’s also something to consider while…
  • A Social Media Primer For New Lawyers (2015 Edition) Part 3

    Keith Lee
    17 Jun 2015 | 9:32 am
    In Part 1 of this primer on social media for new lawyers (or lawyers new to social media), we focused on “why” lawyers should pay attention to social media. In Part 2 we focused on the “what” are the major social media services. Here, in Part 3, we are going to continue with the “what,” but instead focus on the not as well known social media services. Not that these are “small” per se. Many have millions of users. But in comparison to the “big five” discussed in Part 2 of this primer, these social media services are viewed in a…
  • A Social Media Primer For New Lawyers (2015 Edition) Part 2

    Keith Lee
    8 Jun 2015 | 12:41 pm
    Last week, in Part 1 of this primer on social media for new lawyers, I focused on the “why.” Why lawyers should pay attention to the internet and social media online. In part 2, we’re going to focus on the “what?” What are the major existing social media services? What types of people are on the various social media services? Let’s get into it. But first, take a look at the image to the left again as it illustrates just how many social media services are out there. There is no way to comprehensively cover them all, even briefly. So instead I’m going…
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    Dangerous Drugs & Medical Devices

  • FDA Issued Serious Warning to C. R. Bard, Inc. Due to Multiple Violations

    Jared Fink
    23 Jul 2015 | 9:45 am
    [By Staff Writer Jay Belle Isle] In a letter dated July 13, the FDA issued serious warning to C. R. Bard Inc. due to multiple violations. The company has been given fifteen business days to respond to the letter or else it may face “seizure, injunction and civil money penalties.” The warning is based on inspections of Bard’s Queensbury, NY and Tempe, AZ manufacturing facilities and is focused on Bard’s Recovery Cone Removal System, Models RC-15 and FBRC. The FDA has several concerns with these devices, including that they are: …adulterated under section 501(f)(1)(B) of the Act, 21…
  • Postponement of Daubert Hearing in Zoloft Birth Defects Case

    Jared Fink
    9 Jul 2015 | 2:18 pm
    U.S. District Judge Cynthia Rufe or the Eastern District of Pennsylvania made the only call she could on Tuesday: the postponement of Daubert hearing in Zoloft birth defects case until September. The multidistrict litigation (MDL) against Pfizer, claiming its popular antidepressant, Zoloft causes birth defects, came to a halt as the plaintiffs’ expert was disqualified due to errors in the article upon which he was basing his argument in the plaintiffs’ favor. The postponement came during the Daubert hearing – one that allows parties to challenge each other’s expert testimony pre-trial…
  • Drugs Disapproved by the FDA Deserve Attention

    Jared Fink
    17 Jun 2015 | 12:50 pm
    Recently, Reuters reported that “Drug companies generally don’t disclose all the reasons new medicines fail to win U.S. marketing approval, even though regulators often reject treatments over concerns about safety or effectiveness”. Reporter Lisa Rapaport quotes Dr. Peter Lurie, FDA associate commissioner for public health strategy and analysis, saying “‘Only a minority of the press releases clearly stated that receipt of a complete response letter meant that marketing could not commence, and most findings associating the drug with a higher mortality rate went unmentioned.’”…
  • Fifth Circuit Releases Reglan Manufacturers from Birth Defect Liability

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

    Jared Fink
    4 Mar 2015 | 11:13 am
    On Tuesday March 3rd, the United States Food and Drug Administration required that manufacturers of testosterone supplements (or, Low-T drugs)  include warnings on packaging for the increased risk for heart attack and stroke linked to these drugs. In years past, a great many peer-reviewed scientific studies had demonstrated that men using Low-T drugs were at dramatically higher risk for heart attack and stroke.  Finally, this work has led the FDA to require a warning label update. Further, labels for Low-T drugs are now required to include warnings that the medication is approved only for…
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  • DocketAlarm Follows Court Dockets So You Don’t Have To

    Lisa Needham
    31 Jul 2015 | 1:46 pm
    One of our biggest problems with law is not that we lack information – it is that we have far too much of it. Take, for example, PACER. PACER is an unwieldy behemoth that exists, seemingly, to frustrate lawyers immensely with its pre-21st century interface . However, once you have managed to adapt to technology from 1998, PACER does actually allow you to find filings in the cases you are handling.That’s terrific, but it is terribly limited. Given the vast amount of potentially useful data stored deep inside PACER and other court docket databases — previous decisions by the…
  • 6 Legal Technologies That Should Be Obsolete

    Sam Glover
    31 Jul 2015 | 4:12 am
    Related “5 Obsolete Legal Technologies that Shouldn’t Be Obsolete” Bitter LawyerLegal innovation is a popular topic this month, but it’s worth noting that most law offices are still weighed down by obsolete technology — or technology that ought to be obsolete, at least. Sure, we don’t use quills or mimeographs anymore, but there is a pretty good chance you still have a fax machine taking up space in your office.Here are 5 legal technologies you can — and should — get rid of, and what to use instead.Featured image: “Engraving of dodo surrounded by…
  • Every Legal App for iPhone and iPad

    30 Jul 2015 | 4:12 am
    Related Every Legal App for AndroidiOS apps for lawyers abound, whether for case management, billing, or trial preparation. This page has every legal app for iOS that we could find in the App Store.There are just a few exceptions. This does not include apps that have not been updated since 2011 and have few or no reviews in the App Store. Apps that are simply mobile versions of a legal publication aren’t here, either, since the app doesn’t do anything over and above the website. Finally, the App Store is full of applications that simply repackage freely available content, such as…
  • Launching A Law Firm: Should You Incorporate? (sponsored)

    30 Jul 2015 | 3:55 am
    The following is an excerpt from the MyCase eBook: Launching a Law Firm – The Necessities, by author Stacey E. Burke.When forming a new law firm, the important question of incorporation will be one of the first to arise. You’ll be forming a new entity and will need to review your options and determine what type of business will best fit your needs. In general, the most important benefit to incorporation is the option to keep your personal assets and business property separate. Additionally, if you’re entering into forming a business with one or more partners, certain arrangements…
  • Legal Marketing: Get ‘Em While They’re Young

    Sam Harden
    29 Jul 2015 | 1:37 pm
    Many lawyers dream of having their ads becoming viral sensations. Nothing would be better than your name being the first thing in anyone’s head whenever they have a legal problem. But personal injury lawyer Morris Bart in Louisiana has done every lawyer one better, and has become the theme of a two-year-old’s birthday party.You read that right. A toddler became so obsessed with the lawyer’s commercials that his mother decided to throw him a Morris Bart-themed birthday party. The cake had Bart’s face on it, the toddler wore a t-shirt with Bart’s face on it, and…
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    New York Personal Injury Law Blog

  • Stupid Lawyer Questions – Part 1

    Eric Turkewitz
    31 Jul 2015 | 4:48 am
    Since lawyers like to share war stories, I thought I’d try something new and collect a few, if I found humor or abject stupidity in them. Abject stupidity includes asking the most useless questions possible at a deposition  — so bad an 8-year-old wouldn’t do it. Wait!  Did I just offend some veterans by using the phrase “war stories” in the context of this trifling post? Wait again! Did I just upset someone by failing to publish a “trigger warning” before using the phrase “war stories?” That preceding digression exists for a reason…
  • Professorial Malpractice (Updated)

    Eric Turkewitz
    15 Jul 2015 | 4:03 am
    Professor Franks, via LinkedIn Monday someone blocked me on Twitter. It’s the first time that has happened to me since I started sporadically using the service in 2009. Me? Blocked?  What malicious and impertinent crime had I committed? Apparently, I committed the vulgar, discourteous and insulting crime of asking a law professor for a citation, and then discussing it.  I kid you not. As I skimmed my Twitter feed upon return back from a delightful vacation, I saw this curious tweet from Professor Mary Anne Franks about the de minimis likelihood of a rape allegation being false:…
  • Off the Grid

    Eric Turkewitz
    14 Jul 2015 | 8:10 am
    I wasn’t actually fishing, but this captures the spirit. From July 1st though July 8th I was off the grid. No cell phones, texts, email, no nothing.  My July 2nd post was published on auto-pilot. I can’t remember the last time I went that long without it, though it likely goes back to the day I got my first cell phone. And I didn’t miss it. The vast majority of vacations we take today are working vacations, meaning that no matter what we do or where we go we pick up the magic iDevice to check work emails and messages. It felt good to be gone, not just physically, but…
  • Happy July 2nd! (Let us celebrate Independence)

    Eric Turkewitz
    2 Jul 2015 | 5:00 am
    Each year I use July 2nd as a jury celebration day, as this is the day that the Continental Congress voted to liberate the Colonies from the Crown. John Adams thought that this was the day that would be “solemnized with Pomp and Parade, with Shows, Games, Sports, Guns, Bells, Bonfires, and Illuminations from one End of this Continent to the other from this Time forward forever more.” I see no compelling reason to re-invent the wheel and re-write prior posts about why the day is so important to the jury system. So here they are: July 2nd: A Day to Declare Independence (And Celebrate…
  • Donald Trump Files Frivolous $500M Defamation Claim

    Eric Turkewitz
    1 Jul 2015 | 4:38 am
    Donald Trump I’ll try to do this post without the usual comments about Donald Trump’s desperate need for attention over the years, or his combover, bluster, birther issues, and paying people to attend his presidential announcement. Or the shear delight of late night comics. Or comments about every village having its idiot, and since NYC is the biggest village….. Crap. Couldn’t do it. Anyway, as many folks know, Trump made a number of exceptionally nasty and derogatory comments about Mexicans during that announcement, calling them as a group rapists and drug dealers:…
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    The Probate Lawyer Blog: Famous Fortune Fights!

  • Answering Questions About Whitney Houston's Millions And Bobbi Kristina's Death

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

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

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

    Danielle & Andy
    22 Jun 2015 | 8:45 am
    The late Riley B. King — better known as blues legend B.B. King — often said that the only woman in his life was his guitar, Lucille.  But that wasn’t exactly true.  King estimated that he had 15 children by 15 different women.  No wonder one of his biggest hits was called, When Love Comes To Town.   B.B. King took responsibility for his children.  According to CNN, he set up a multimillion dollar education fund for his descendants.  King wrote in his memoir that he assumed responsibility every time a woman came to him and said a child was his, without arguing about whether…
  • Casey Kasem's Daughter Fights For New Guardianship Visitation Laws

    Danielle & Andy
    19 Jun 2015 | 10:09 am
    Kerri Kasem, the daughter of the late American Top 40 DJ, Casey Kasem, has been on a mission to make sure what happened to her and her siblings does not happen to others. When her father’s health deteri  orated from Parkinson’s disease, it sparked an ugly court battle between his children and his wife, Jean Kasem, which did not end until he died.  By then, Casey Kasem was suffering from serious bed sores, a urinary tract infection, and sepsis.   Kerri Kasem feels that her father’s death could have been prevented if she and her siblings had been able to see him and monitor his…
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  • Mindful Toilet Maintenance (Trigger Warning Podcast)

    10 Jul 2015 | 9:45 am
    Daniel Gershburg and I are at it again. Just be mindful of possible overflows or backups during this 20 minute episode.
  • Required Reading on Lawyer Mindfulness

    10 Jul 2015 | 7:55 am
    Your task for today is to read two posts, written yesterday by Mark Bennett. Everything you need to know about being mindful as a lawyer is contained in these two relatively short pieces. They are provided at no cost to you. Just don’t expect to cull excuses from his words. The first identifies the problem. The second provides a solution. My goal here is to provide a worthy addendum to his thoughts. I found one. Here it is:
  • Trigger Warning: Mindfulness

    3 Jul 2015 | 8:59 am
    So, Daniel Gershburg and I decided to talk about mindfulness for about 20 minutes. Trigger Warning Podcast
  • Azimuth Check: Farewell to a Fellow JAG

    1 Jun 2015 | 6:43 am
    We all need an azimuth check every now and then. This weekend, I got a huge one. In mid-2004, I reported to Fort Lee, Virginia where I underwent the first phase of training to be a JAG lawyer. This included learning Army customs and courtesies, basic weapons training, basic soldier skills, and other rudimentary military training. Owing to the fact that I’d already spent 5 years as an Infantryman, I asked to skip this stuff. Plus, I was already a Captain. Instead, the JAG powers-that-were told me, “Nope, we need you to be the class leader.” This began about a dozen weeks of…
  • Dear DOJ, I fixed your “We Hate FIFA” Charts

    27 May 2015 | 9:51 am
    I’m not particularly interested in the prosecution of FIFA officials who allegedly took bribes, but I’m always a sucker for a good chart. However, the government is historically bad at making simple, easy-to-understand visuals. The Department of Justice is notoriously bad at this. Maybe the charts make sense to the fine folks at DOJ, but they aren’t very useful to anyone else. Of course, I’m here to help. Here you go. You’re welcome.
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    Law and Daily Life

  • Will Getting Divorced Affect My Green Card?

    Christopher Coble, Esq.
    31 Jul 2015 | 5:59 am
    If your permanent resident status is based on a marriage, and that marriage is falling apart, you may be worried about your green card. Getting a divorce can be an emotionally and legally scary prospect, especially if you're worried about being deported. While you may not lose your green card due to a divorce, you may have to file some extra paperwork. Immigration Services Conditions are placed on permanent residence to ensure that marriages aren't attempts to evade immigration laws. So if your marriage was real at the start, you probably don't have anything to worry about if it ends.
  • The Facts About Marital Rape

    Christopher Coble, Esq.
    30 Jul 2015 | 9:59 am
    I'm not sure what Michael Cohen charges per hour, but Donald Trump is surely overpaying him, at least for his opinion on criminal law. On Monday the special counsel for The Trump Organization responded to questions regarding Trump's alleged rape of his then-wife Ivana Trump, saying, "You cannot rape your spouse. And there's very clear case law." Cohen couldn't be more wrong. Marital rape is illegal in every state. Although some state rape laws treat marital rape differently. You Should Be Fired Cohen's comments on the matter were unequivocal. He told the Daily Beast: "You're talking about the…
  • 3 Tips for Avoiding Inheritance Disputes

    Christopher Coble, Esq.
    29 Jul 2015 | 12:58 pm
    Following the death of a relative, the last thing anyone wants is a fight over the assets of the deceased. Everyone, including those in the court system, want the process to go as smoothly as possible. With all of these good intentions, how do we still get into bitter disputes over inheritance? How can these disputes be avoided? 1. Goodwill Is Good -- a Good Will Is Better. The best way to guarantee an inheritance dispute is to die intestate, or without a legal will. Perhaps you trust your heirs to figure it out, or maybe you remember having a conversation about your estate once over a family…
  • Do I Need a Permit to Fix My Sidewalk?

    Christopher Coble, Esq.
    28 Jul 2015 | 2:58 pm
    It's my property, right? Wait, does the property end before or after the sidewalk? Or in the middle? And if the sidewalk is on my property, do I still need a permit? After all, I heard you can get sued if your sidewalk is a safety hazard, so shouldn't I just fix this ASAP? Not so fast. Like many construction projects, big and small, you may need a permit to fix your sidewalk. Yes, You Probably Need a Permit Whether you need a permit for sidewalk repairs will generally come down to where you live. In fact, local county laws, city laws, and subdivision restrictions may differ on the permitting…
  • Is a Surveillance Camera in the Guest Room an Invasion of Privacy?

    Christopher Coble, Esq.
    27 Jul 2015 | 9:59 am
    The technological innovations in video recording and streaming have made home surveillance and security simpler and more secret. But can you take in-home surveillance too far? Between nanny cams and monitoring your vacation or Airbnb rental, there are legitimate reasons for wanting to have a surveillance camera in your guest room. But there also may be legal issues with recording someone without their knowledge. Different Rules for Law Enforcement The first thing to understand when talking about surveillance is that different rules apply to police officers and private citizens. The rules for…
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    Pennsylvania Physicians' Lawyers

  • ‘Without Cause’ Termination in Physician Employment Agreements

    Dennis Hursh
    14 Jul 2015 | 6:10 am
    The reason for ‘without cause’ termination provisions in physician employment agreements Ideally, the practice of medicine will be a collegial pursuit.  Few would argue that a physician’s employer should be able to terminate the physician if he or she just isn’t a “fit” with the rest of the physicians.  By the same token, physicians obviously want some flexibility to leave the employer if the physician gets a better opportunity, or if the physician simply isn’t happy with the position.  For that reason, unless the physician is in the United States on a J-1…
  • Physician Employment Agreement Tips

    Dennis Hursh
    7 Apr 2015 | 6:10 am
    Listen to Josh Mettle and Dennis Hursh discuss the pitfalls doctors face that cost them dearly when negotiating physician employment contracts. Click to listen.
  • Hospital Negotiations

    Dennis Hursh
    20 Feb 2015 | 1:52 pm
    When you have been a Pennsylvania physicians’ lawyer for as long as I have, you tend to develop a certain frustration with hospitals. In 2009 I set forth a carefully considered speculation on what rules hospitals follow when they negotiate physician employment agreements and medical practice sales agreements with Pennsylvania physicians.  (OK, it was actually a rant about negotiating with hospitals).  I would love to say that things are completely different now.  Or even much different now.  Or, maybe a little different now. Unfortunately, I think the rules I discovered as I have…
  • Will a Messenger Model IPA Work?

    Dennis Hursh
    16 Feb 2015 | 11:17 am
    In 2011, I did a post that still seems relevant today on the use of messenger model IPAs.  Here is the original post: I have seen more interest lately in formation of messenger model IPAs.  I’ve never understood the fascination with these critters. I suppose the gentle antitrust treatment leads physicians to believe that they can form a messenger model IPA, enter into contracts as a group, and be left alone by the regulators.  That is largely true. The reason that regulators tend to let these entities alone is that, if done correctly, they are completely toothless. If your…
  • Selling Your Medical Practice and Relying on the Hospital Fairies

    Dennis Hursh
    6 Feb 2015 | 1:43 pm
    Today the New York Times ran an article about “When Hospitals Buy Doctors’ Offices, and Patient Fees Soar” which  reminded me of a post I did years ago, entitled Selling your Medical Practice and Relying on the Hospital Fairies. Sadly, I think it is as relevant today as it was in 2010.  How many physicians sign physician employment agreements containing a covenant not to compete, after having sold a “worthless” practice?  Here is the original post: Few physicians believe in the Tooth Fairy. However, a surprising number of physicians seem to believe that the…
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    But I do have a law degree...

  • My Kids, the Dragon Slayers (courtesy of Netflix)

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

    But I Do Have a Law Degree
    24 Jul 2015 | 6:41 am
    I'm a big believer that happiness comes from within - that external factors - surroundings, circumstance, money - should only have so much bearing.  But I have to say, there's something about just being in Cape Cod that lifts my spirits to new heights. I mean, how can you not be joyful when you're surrounded by this:Cahoon Hollow BeachCahoon Hollow BeachWellfleet Town HarborGull PondI've been here to Wellfleet, a small town on the Outer Cape, every year of my whole life.  That would make this trip my 37th.  And yet, every time I come - even more so the older I get - I am…
  • My Living Proof

    But I Do Have a Law Degree
    14 Jul 2015 | 6:45 pm
    Whenever I look back at the pictures taken immediately upon all of my childrens' birth, I am in disbelief that it actually happened.  Was that really me?  Was that baby really in my stomach, and I actually got it out?  And is that teeny little baby really my son - the one that talks and walks and climbs in my bed every morning?  For each of my three children, someone (my husband?  a nurse? who knows?) captured that initial meeting - the look on my face when I looked at them for the first time.  My expression is authentic and true - pure joy and amazement.
  • Summer Flicks on Netflix

    But I Do Have a Law Degree
    30 Jun 2015 | 6:18 pm
    I don't know about you, but right now our family is really in summer.  It's all swim practice and camp pick ups and sunscreen and mosquitoes and dirty soles of feet.  So for my Netflix post this month, it only seemed appropriate to focus on summer. Netflix has countless summery-type movies (and you can google various lists), but the following are my five favorites, all available to live stream.  I plan on watching them during our upcoming trip to Cape Cod (ahhhhhhh).  I love summer.1) AdventurelandAhhh, the days of the crappy summer job.  I for one spent my…
  • Six Things I've Learned from Six Months at the Gym

    But I Do Have a Law Degree
    26 Jun 2015 | 6:00 am
    This past January, I decided I would do something all original and join the gym.I hadn't worked out regularly since the year 2005, and even at that, the only time I worked out regularly was the 9 month period before my wedding.  I'd never been what you'd call, "athletic."  Or "muscular."  Or "coordinated."  Or "well rounded."   Or "interested in bettering myself."  The gym, and all that health stuff, just hadn't been "my thing."But that all had to change, because after baby #3, it was now or never.  No more excuses.  If the flab was going to go, it was…
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    Virginia Workplace Law

  • Serving Two Masters- Fourth Circuit Recognizes the Joint Employment Doctrine

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

    Chris Mackenzie
    24 Jul 2015 | 8:24 am
    Yesterday, companion bills were introduced into the House and Senate seeking the passage of the Equality Act of 2015, which would prohibit discrimination on the basis of sex, gender identity, and sexual orientation. The Equality Act would impact eight key areas of federal anti-discrimination law which presently do not protect the LGBT community: public accommodations, public education, federal funding, employment, housing, Title IX and XI, equal credit opportunity, and jury service. With respect to employment, the Equality Act would amend Title VII of the Civil Rights Act of 1964 to create…
  • Hold on to Your Collars: Overtime Changes to White Collar Exemptions are Coming under the Fair Labor Standards Act

    Nicole Cheuk
    1 Jul 2015 | 8:00 am
    On June 30, 2015, the United States Department of Labor issued the long-anticipated Proposed Rulemaking to update the regulations governing which “white collar workers”— executive, administrative, and professional employees — are entitled to minimum wage and overtime pay pursuant to the Fair Labor Standards Act. If implemented as proposed, early estimates indicate that over 5 million employees could become eligible for overtime and minimum wage protections. Currently the salary threshold stands at $455/week or $23,660 annually, meaning that those white collar employees making…
  • EEOC Digital Charge Processing – Pilot Program Underway

    Nicole Cheuk
    26 Jun 2015 | 10:42 am
    The EEOC launched a pilot program, “ACT Digital” on May 6, 2015 in the following EEOC offices: Charlotte, N.C. (that includes Greenville, S.C.; Norfolk, Va.; Raleigh, N.C.; Richmond, V.A.); and San Francisco, C.A. Additionally, the EEOC announced plans to expand the pilot to four more districts by the end of May 2015 and that ACT Digital will be available nationwide by October 1, 2015.  ACT Digital is the EEOC’s first step in a move to an entirely digital charge system by enabling the electronic transmission of documents between the parties to a charge and the EEOC.
  • MIND YOUR OWN BUSINESS! New Employment Laws for Social Media Accounts

    Michael R. Bedsaul
    24 Jun 2015 | 6:15 am
    The Nutshell  Effective July 1, 2015, Virginia Code § 40.1-28.7:5 prohibits employers from requiring that current or prospective employees disclose information about their personal social media accounts. Who does it apply to? The new law applies to all private employers previously defined under Virginia Code § 40.1-2, such as individuals, partnerships, and corporations.  But, now the new law expands the definition of “employer” to specifically include any unit of state or local government, such as counties, cities, and towns.  What constitutes a “social media…
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    The Risk Manager from Sands Anderson

  • Changes to Federal Rules of Civil Procedure Effective December 1, 2015

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

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

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

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

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

  • New Era of Capital Raising: Sorting Through the JOBS Act’s New Capital Raising Rules

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

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

    Ann Neil Cosby
    29 Jun 2015 | 1:55 pm
    Sands Anderson’s Commercial Real Estate Team followed the 2015 Virginia legislative session for bills related to the real estate industry. Below is our selection of the top five we felt you would find most relevant to your business. For our full list, click here. If you would like to discuss any of these and how it will impact your business, we welcome the opportunity to speak with you. Top 5 Commercial Real Estate Bills Effective July 1, 2015 HB 1451 Landlord and tenant laws Provides that in cases of a change in use, the 120-day termination notice is not waived, except in the case of a…
  • A+ for Raising New Capital

    Brian Pitney
    23 Jun 2015 | 5:35 am
    Access to capital for private companies just became easier and most likely cheaper.  The U.S. Securities and Exchange Commission’s amendments to Reg A under the Securities Act of 1933 went into effect on June 19, 2015.  Known as Reg A+, the amendments allow fundraising without having to become a fully registered public company, subject to eligibility, disclosure and ongoing reporting requirements, for up to $50 million within a 12-month period from both accredited and non-accredited investors, subject to certain limitations on investments from non-accredited investors.  The cap under…
  • Rogue CFO IV – The Company Response

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

  • Class Re-Action Podcast Links Fixed

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

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

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

    H. Scott Leviant
    2 Apr 2015 | 5:02 pm
    I regret that the press of work kept me away from this site for quite some time, other than the podcasts that I've continued to work on.  It looks like I'm going to be able to come up for air, so I am going to get back to posting on a more regular basis.In Trilogy at Glen Ivy Maintenance Association, et al. v. Shea Homes, Inc., et al. (pub. ord. Mar. 19, 2015), the Court of Appeal (Fourth Appellate District, Division One) affirmed a trial court finding that an anti-SLAPP Motion lacked merit for failure to satisfy even the first prong of the two-part anti-SLAPP analysis.  As…
  • Episode 15 of the Class Re-Action Podcast is now available

    H. Scott Leviant
    2 Mar 2015 | 10:27 am
    We are up to Episode 15 of the Class Re-Action Podcast, available here.  In case you missed the explanation previously, shows will now run between 30 and 45 minutes, due to changes in MCLE requirements.  I'm working on blanket provider status so that each show will qualify as MCLE.  However, nobody wants reading material as homework, so we are going to stay under an hour an avoid that added complication.
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    Law Firm Newswire » Legal News

  • Increasing Seat Belt Use Could Save Lives in Florida

    LFN Editor 102KS31
    31 Jul 2015 | 3:00 am
    Tampa, FL (Law Firm Newswire) July 31, 2015 - Florida traffic safety officials say that hundreds of lives could be saved if more drivers and passengers buckled their seat belts. In Florida in 2013, there were more than 1,200 deaths in vehicle crashes, and about 48 percent of the people who lost their lives were not wearing their seat belts. According to officials, many if not most of the unbelted deaths could have been prevented. “Far too many Floridians lose their lives in traffic accidents,” said Robert Joyce, a Tampa car accident attorney with Joyce & Reyes. “It is tremendously…
  • Bush Says He Would Not Immediately Nix Obama’s Executive Orders on Immigration

    LFN Editor 102KS31
    31 Jul 2015 | 3:00 am
    Houston, TX (Law Firm Newswire) July 31, 2015 - Former governor would await congressional legislation before acting on predecessor’s policy. Former Florida Gov. Jeb Bush, a leading candidate for the 2016 Republican nomination for president, has been a vocal critic of President Obama’s executive orders on immigration. But on May 11, Bush indicated that if he were elected president, he would not immediately repeal Obama’s actions. Bush made his comments in a televised interview in which he defended his previous support for allowing undocumented immigrants to obtain driver’s licenses and…
  • New Autism Speaks Study Links Parental Age to Autism

    LFN Editor 102KS31
    30 Jul 2015 | 6:20 pm
    San Francisco, CA (Law Firm Newswire) August 21, 2015 – In Autism Speaks’ largest international study on autism risk and parental age, researchers have found that teenage mothers and older parents are the most likely to have children with autism. Autism rates were 15 percent higher when moms gave birth in their 40s, 66 percent higher for kids with dads over 50 years old and 18 percent higher for children of teen moms. Increased autism rates were also noted among children born to couples with large age gaps and when both parents were older, in comparison to parents in their 20s. The study…
  • Older Families Can Take Action to Lower Their Tax Bill

    LFN Editor 102KS31
    30 Jul 2015 | 3:00 am
    Hook Law Center (formerly Oast & Hook) Virginia Beach, VA (Law Firm Newswire) July 30, 2015 – There are many tax savings that are available to older families. Such tax breaks can be achieved in several areas, including work, car and home, estate planning, medical expenses and rental property. In terms of realizing savings at work, a hefty tax refund implies that an excessive amount of tax is being withheld from one’s paycheck. One can correct this by filing a new W-4 form with one’s employer. There are also savings to be had regarding the payment of medical expenses. Some employers…
  • Federal Appeals Court Rules Release of “All Claims” in Texas Employment Lawsuit Does Not Preclude Separate Wage-Hour Claim

    LFN Editor 102KS31
    30 Jul 2015 | 3:00 am
    Austin Oil and Gas Attorney, Gregory D. Jordan Austin, TX (Law Firm Newswire) July 30, 2015 - A federal appeals court ruled that a general release of claims in a Texas employment lawsuit did not serve to waive a separate wage-hour claim under the Fair Labor Standards Act (FLSA). In the case of Bodle, et al. v. TXL Mortgage Corporation, the U.S. Court of Appeals for the Fifth Circuit reversed a federal district court's dismissal of a lawsuit under the FLSA regarding overtime wages. In a previous case filed in Texas state court, employer TXL had alleged that Ambre Bodle and Leslie Meech…
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    The L•E•Jer

  • The Walt Disney Company . . . of India?

    Hofstra Labor &#38; Employment Law Journal
    20 Jul 2015 | 9:00 pm
    By: Brian Idehen In October of 2014, 250 employees at Walt Disney World were told they would be laid off.[1] These “humiliated” employees were informed that their jobs were going to foreign nationals whom they would have to train to take over their positions.[2]  These confused Disney employees did not understand why they were losing their […]
  • Clicking “Private” on Your Facebook Page is Like Hiding Under the Blanket. They Can Still See You.

    Hofstra Labor &#38; Employment Law Journal
    21 Apr 2015 | 6:15 am
    by Mehjabeen S. Rahman We live in an age where not having a Facebook is somewhat unusual. Interestingly these days, a colleague with whom you are Facebook friends may even express shock or surprise when you tell them about your sister’s baby-shower last week, because the colleague “didn’t see anything on Facebook about it.” As […]
  • Will McDonald’s Remove Employee Wages off the Dollar Menu?

    Hofstra Labor &#38; Employment Law Journal
    16 Apr 2015 | 6:59 am
    by Alexa Zelmanowicz Between the push by President Obama to raise minimum wage rates and the allegations of patterns of racism, McDonald’s is losing its “lovin’ it” appeal.[1] In 2014, President Obama signed an executive order that raises “the minimum wage to $10.10 for all workers on federal construction and service contracts.”[2] Although the order […]
  • What Right Do You Have to Discriminate?

    Hofstra Labor &#38; Employment Law Journal
    13 Apr 2015 | 6:59 am
    by Jewel-Ann O. Cornelius The CEO of Abercrombie & Fitch stated in 2006, “We go after the attractive all-American kid with a great attitude and a lot of friends. A lot of people don’t belong [in our clothes], and they can’t belong. Are we exclusionary? Absolutely. Those companies that are in trouble are trying to […]
  • Supreme Court Issues New Standards for Establishing Pregnancy-Based Employment Discrimination

    Hofstra Labor &#38; Employment Law Journal
    2 Apr 2015 | 6:59 am
    by Brian S. Kotkin The U.S. Supreme Court recently issued a new test for determining whether a woman was discriminated against on the basis of her pregnancy. In Young v. UPS, Inc.,[1] the Court said that it was permissible for a Plaintiff alleging workplace discrimination under the Pregnancy Discrimination Act (hereinafter “PDA”) to establish a […]
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    My Distribution Law

  • Are Mutual Index Funds Anti-Competitive?

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

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

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

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

    Howard Ullman
    23 Jun 2015 | 11:05 am
    (Photo credit: Wikipedia) Yesterday, in Kimble v. Marvel Entertainment, LLC, the U.S. Supreme Court upheld the rule first announced in Brulotte v. Thys Co., 379 U.S. 29 (1964), that a patentee cannot collect royalties on sales made after expiration of the patent. The patent law decision upholds a probably anticompetitive rule that from an economic perspective makes little sense. That said, the decision is not particularly surprising, resting as it does on stare decisis (settled law) grounds – though it is amusingly chock-full of references to Spiderman (Marvel Entertainment had licensed a…
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    Kangaroo Court of Australia

  • Will it be One Term Tony Abbott or One Term Bronwyn Bishop? Or both?

    Shane Dowling
    1 Aug 2015 | 7:23 am
    Prime Minister Tony Abbott has a very simple choice. Sack Federal Parliament Speaker Bronwyn Bishop or it could end up costing him the Prime Ministership. I wasn’t planning on writing about the Bishop/expense scandal as the problem should have been a molehill and she should have resigned or been sacked by now. But it is turning […]
  • Alleged judge killer Leonard Warwick arrested after 30 years

    Shane Dowling
    29 Jul 2015 | 7:20 am
    Leonard Warwick was arrested Wednesday (29/7/15) for what is known as the Family Court bombings or Family Court murders which resulted in four murders, 5 bombings and happened over 30 years ago. There has always been a mile of circumstantial evidence to charge Mr Warwick and he was named as the prime suspect in 1986. But he has only […]
  • Tony Abbott and Brandis both secretly met with paedophile protector George Pell. Why?

    Shane Dowling
    25 Jul 2015 | 9:02 am
    Federal Attorney-General Senator George Brandis QC secretly met with known paedophile protector and alleged paedophile Cardinal George Pell in May this year. It was only reported on Monday (20/7/15) because Brandis has spent the last 3 months trying to conceal it. It is almost identical to Tony Abbott lying in an interview in 2004 on the […]
  • ICAC’s Megan Latham covers up Mafia $2.2 million judicial bribe & other corruption

    Shane Dowling
    18 Jul 2015 | 8:14 am
    Independent Commission Against Corruption (ICAC) Commissioner Megan Latham is refusing to answer questions regarding alleged corrupt conduct by herself and ICAC. Ms Latham and ICAC have covered up judicial bribery which includes a $2.2 million bribe by the Mafia as reported last week by Fairfax Media and the ABC’s Four Corners program. Megan Latham, who is a former NSW Supreme Court and […]
  • Bill Shorten’s mystery woman. His spy in the Police Minister’s office and the links to the HSU fraud

    Shane Dowling
    11 Jul 2015 | 10:12 am
    When Bill Shorten was in the witness stand on Wednesday (8/7/15) he was allowed to conceal from the public the name of a female staff member who helped with his 2007 election campaign. On Friday, after legal argument, she was identified as Fiona Ward. After researching her background it is obvious there are many reasons why Mrs Ward and Bill Shorten didn’t want her […]
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    Attorney at Work

  • Overwhelmed? Time Management Tips

    The Editors
    31 Jul 2015 | 3:30 am
    What steps can you take to better manage your time so you’re truly more productive and less overwhelmed? For this month’s Friday 5+ Tech Tips, we asked the practice management experts for their best time management tip: a teensy tweak or trick that has made a difference — or their best advice for overhauling an entire process, if that’s what it takes. Heidi Alexander: Declutter Your Brain with GTD Like many other attorneys, I’m a fan of David Allen’s Getting Things Done (GTD) strategy for time and task management. This technique provides a way to capture,…
  • Overwhelmed? Time Management Tips

    The Editors
    31 Jul 2015 | 3:30 am
    What steps can you take to better manage your time so you’re truly more productive and less overwhelmed? For this month’s Friday 5+ Tech Tips, we asked the practice management experts for their best time management tip: a teensy tweak or trick that has made a difference — or their best advice for overhauling an entire process, if that’s what it takes. Heidi Alexander: Declutter Your Brain with GTD Like many other attorneys, I’m a fan of David Allen’s Getting Things Done (GTD) strategy for time and task management. This technique provides a way to capture,…
  • 3 Steps to More Referrals

    Mary Lokensgard
    30 Jul 2015 | 4:00 am
    What lawyer doesn’t like getting good referrals? The potential client’s matter fits your practice, and he’s heard good things about you from the person who sent him over. You can build a steady stream of referral business — maybe not enough to abandon ads or stop worrying about your website, but enough to sustain and grow your practice. You’ll have to invest time and energy into developing and implementing a plan, but it is worth the effort. The first step is figuring out who is likely to send potential clients to you … READ THE REST Summer 2015 How-To Series These past two…
  • 3 Steps to More Referrals

    Mary Lokensgard
    30 Jul 2015 | 4:00 am
    What lawyer doesn’t like getting good referrals? The potential client’s matter fits your practice, and he’s heard good things about you from the person who sent him over. You can build a steady stream of referral business — maybe not enough to abandon ads or stop worrying about your website, but enough to sustain and grow your practice. You’ll have to invest time and energy into developing and implementing a plan, but it is worth the effort. The first step is figuring out who is likely to send potential clients to you … READ THE REST Summer 2015 How-To Series These past two…
  • Beware the 4 Most Dangerous Outlook Features

    Deborah Savadra
    29 Jul 2015 | 4:00 am
    Lurking in the shadows of your email routine are dangerous features that could jeopardize your law practice. Here are four that trip up even seasoned Microsoft Outlook users. 1. Auto-Complete You probably use the Auto-Complete feature every day, and take it totally for granted. The moment you put your cursor in the To: field of an email and start typing, Outlook tries to predict the email address you want. It’s been tracking your email habits and building a list of names and addresses from the messages you send. So, the moment you type “b” in the To: field, it suggests…
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    Legal Marketing & Technology Blog

  • Should Lawyers Discuss Client Matters on Their Law Firm’s Website or Blog?

    Sarah Andropoulos
    22 Jul 2015 | 1:34 pm
    One of the first things you may want to highlight for prospective clients who are considering engaging your legal services is your record of successful outcomes in past cases.  Publishing this kind of information can be very helpful in marketing your firm on the Internet.  However, it is critical to comply with all applicable rules of professional responsibility when doing so.  Though you should always confirm any state bar rules applicable to your jurisdiction before disclosing any client information, reading over the tips below can help you identify some of the potential ethical risks of…
  • Five Ways to Increase Conversion Rates for Potential Clients Visiting Your Site

    Stacy Stern
    16 Jul 2015 | 10:00 am
    With Internet marketing, and in many other types of marketing, there is a type of funnel phenomenon by which prospective clients are either attracted or driven away. The phenomenon goes something like this: First, people might see your site in the search results or in a link from another site. Then they need to actually click the link to arrive at your site. Once they arrive at your site they may or may not take some type of action to contact you. Once they contact you, they may or may not hire you. Each step of the way there are actions you can take to increase the likelihood that a…
  • Why Your Legal Blog May Be Subject to State Bar Advertising Rules

    Sarah Andropoulos
    15 Jul 2015 | 11:00 am
    Depending on which state you practice in, it may be relatively clear that your law firm’s website is considered attorney advertising under the applicable rules of professional responsibility, and is therefore subject to regulation by your state bar.  What may not be as apparent is that your law firm’s blog may be treated in the same way. To a certain extent, legal blogs have historically been regarded as a source of educational information and commentary regarding developments in the law as opposed to marketing information, even if they serve to enhance an attorney’s…
  • Four Mistakes to Avoid When Hiring Law Firm Web Marketing Companies

    Stacy Stern
    14 Jul 2015 | 1:27 pm
    Having been in the Internet legal marketing business for over 20 years, I talk with numerous law firms and lawyers looking to switch website marketing providers, and have heard my share of horror stories. The decisions you make around Internet marketing can have a huge impact on your practice, so it’s important to choose a strong provider if you want to use the Internet to market your firm. Thus I wanted to share some common mistakes we hear about when law firms choose their website providers, and I’ll also offer suggestions on how to prevent the associated problems. 1. Failing to find…
  • Four Essential Tips for Getting Your Law Firm Website Ranked Higher

    David Kemp
    13 Jul 2015 | 11:00 am
    “How can I make my legal blog or website the #1 Google search result for a specific term or phrase?” This is undoubtedly the question to which everyone wants to know the answer. There is an answer, of course, but it is not as simple as many of our clients would like. For starters, Google (and other search engines) use a proprietary algorithm to sort search results, so no one can truly know the magic formula to get to number one. Any so-called SEO expert who claims otherwise is simply lying. That said, there are some recommendations that we routinely make to our clients to help…
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    Expert Library

  • Playing Daubert Dominoes

    Wendy Pearson
    23 Jul 2015 | 6:00 am
    By Wendy Pearson Have you ever been retained on a case only to find out that your opinions would be reliant on another expert’s work? Were you concerned but too shy to ask the retaining attorney about the other expert’s credentials, basis of opinions or reputation in court? Or, did you just go with the [...]
  • Article 8. The Court Has Spoken: You’re In or You’re Out

    Wendy Pearson
    1 Jul 2015 | 6:30 am
    By Wendy Pearson The dust has settled: a motion to exclude your testimony was filed, your opinions were defended to the best of your ability and the retaining attorney’s ability, and the court made its decision to admit or exclude your testimony. What’s next? Regardless of whether the case goes to trial, settles or is [...]
  • Article 7. Responding to the Motion to Exclude Your Testimony

    Wendy Pearson
    24 Jun 2015 | 6:00 am
    By Wendy Pearson The motion to exclude your expert testimony has arrived. Take a deep breath, and read the document. You may feel the need to shake your fists, yell real loud or stomp your feet. It is not unusual to be angry upon reading a harsh critique of your hard work and your professional [...]
  • Article 6. Expert Deposition Testimony

    Wendy Pearson
    17 Jun 2015 | 6:00 am
    By Wendy Pearson After many attorney communications, and hours of writing, editing and refining, your expert report has been filed. You are proud of your work product and are ready to take a break. Not so fast! Your deposition is coming up and you will need to be ready. The expert deposition is one of [...]
  • Article 5. The Expert Report

    Wendy Pearson
    10 Jun 2015 | 6:00 am
    By Wendy Pearson You have been retained on an exciting case and depending on your field of expertise, over the past several months you have reviewed documents, surveyed the literature, attended site visits, completed inspections, conducted interviews, examined patents, conducted experiments, analyzed data, performed calculations, or ran computer simulations. Whew! You reached your conclusions, and [...]
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    BullsEye Blog

  • Printing a Verdict -- The Power of 3D Printed Evidence at Trial

    28 Jul 2015 | 2:35 am
    Remember those little shoebox dioramas you had to make for school?  Those little three-dimensional realms created purely out of toothpicks, cotton balls, and Elmer’s glue?  You wouldn’t make one for the jury today, but, with 3D printing, you could print one with mind-blowing accuracy in terms of size, dimension, and scale.  A single piece of evidence like that could mean the difference between a verdict and a loss.
  • Is the SCOTUS Rule of Reason Unreasonable?

    21 Jul 2015 | 1:00 am
    “Not too hard, not too soft,” says the Supreme Court in FTC v. Actavis, 133 S. Ct. 2223 (2013).  But is the court’s new “rule of reason” approach really “just right?”  Let’s see how this plays out in a simple scenario using a product whose success everyone loves to hate—the Snuggie.  
  • A “Good Gamble” Warrants Fees Even For a Bad Bet

    16 Jul 2015 | 2:00 am
    When it comes to fee recovery, you don’t have to win to win.  The Fifth Circuit recently abrogated a former opinion that analyzed the necessity of legal services with the benefit of hindsight rather than evaluating the reasonableness of the services at the time they were rendered.  Now, if the gamble is good, you can still earn fees even though you placed a losing bet.
  • 7th Circuit Throws Monkey Wrench In $2.46 Billion Verdict

    7 Jul 2015 | 7:33 am
    Most securities fraud actions never reach trial, so when a lawsuit against a company known as Household (now owned by HSBC) and its top executives was tried by a jury and produced a judgment of $2.46 billion in October 2013, the case made headlines. After defendants challenged the judgment on numerous grounds, the appellate court found flaws in, among other things, the proof of a key element of plaintiffs’ claim—loss causation. Read more to learn about the Seventh Circuit's ruling on the pivotal expert witness testimony in this case.
  • Teach the Jury to Fish Instead

    30 Jun 2015 | 7:04 am
    Teach a man to fish, they say, and you’ll do far more than feed him for the day.  The same sentiment can be applied to expert witness testimony.  Experts are permitted to help the jury understand scientific or technical issues, but they cannot tell the jury how to rule.  Teach the jury to fish, rather, and you will enable them to reach the right verdict on their own.  
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    Hunt & Associates, PC

  • When Judges Question the Integrity of Prosecutors

    Lawrence Hunt
    21 Jul 2015 | 4:46 pm
    Those who prosecute crimes in our courts are supposed to have some obligation to promote justice: to only prosecute those guilty of crime and to help vindicate the innocence of those who may be wrongly accused of criminal conduct. The criminal justice system relies on the integrity of those who enforce the law to do so honestly and fairly. All too frequently, reality does not resemble that ideal. The Georgetown Law Journal recently published an article written by Judge Alex Kozinski of the Ninth Circuit Court of Appeals discussing why we should question the integrity and efficacy of our…
  • Almost ABLE: An Update on Savings Accounts for People with Disabilities

    Charles Ford
    16 Jul 2015 | 4:39 pm
    This past January, we told you here about recently enacted federal legislation, the Achieving a Better Life Experience Act of 2014 (the “ABLE Act”), which allows persons with disabilities to establish tax favored savings accounts which can be used to pay for expenses related to their disabilities. Persons who became severely disabled prior to their 26th birthday may establish an ABLE account, to which anyone can make a contribution. The total annual amount of contributions is limited to the gift tax exclusion amount (currently $14,000.00). Funds in the account (1) can be used to pay…
  • NFL Cheerleaders Won’t Dance for Free Anymore

    Lawrence Hunt
    25 Jun 2015 | 9:03 am
    There are six NFL franchises that don’t have official cheerleading squads. That number may soon increase. Regardless, anyone who ever thought NFL cheerleaders just dance for the fun of it was wrong. NFL cheerleaders have generally worked as volunteers or as independent contractors choosing to ply their art without payment from the team they cheer aside from the chance to be part of the “team”. No one makes them compete to become NFL cheerleaders and no one makes them dance on Sunday afternoons in front of thousands of appreciative fans on sidelines near very well paid and often single…
  • What Yogi Berra Can Teach Small Business Owners about Estate Planning

    Charles Ford
    16 Jun 2015 | 3:59 pm
    According to baseball legend Yogi Berra, “If you don’t know where you are going, you will probably end up somewhere else.” Yogi’s one liners often make me laugh, but they also make me think. His quip reminds me of the importance of having a plan when engaging in any endeavor that will impact our personal situations beyond the immediate here and now. That includes the process of estate planning. Now, I will grant you that Yogi probably wasn’t thinking about estate planning when he offered this particular slice of wisdom. Nonetheless, his words are absolutely spot-on insofar as the…
  • Like Humpty Dumpty: Some Courts Insist That They Won’t Be Servants to Words but Will, Instead, Decide for Themselves What the Words Will Mean

    Lawrence Hunt
    2 Jun 2015 | 4:23 pm
    Even appellate courts sometimes disregard the operative language of a problem in order to achieve the result they want. A recent example is State v. Crombie, 267 Or. App. 705 (2014), which is a contempt action arising from a Family Abuse Prevention Act (“FAPA”) order and a divorce. In Crombie the wife had obtained what the court described as “a standard-form FAPA order that prohibited her husband, the defendant, from, “‘intimidating, molesting, interfering with or menacing’ the victim.” However, the order also provided that “nothing in this order prevents [defendant] from…
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    Rozek Law

  • Smackdown in the Courts: WWE Fights Brain Injury Cases

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

    Randy Rozek
    10 Feb 2015 | 9:48 am
    Visit us at The highly controversial, recently released, Diagnostic and Statistical Manual of Mental Disorders 5th Edition (DSM-5) addresses Traumatic Brain Injury in the chapter entitled “Neurocognitive Disorders.” According to the DSM-5, the degree of the particular Neurocognitive Disorder Due to Traumatic Brain Injury can either be Major or Mild. Also in the DSM-5 Neurocognitive Disorders chapter are the following conditions: Delirium; Neurocognitive Disorder due to Alzheimer’s Disease; Neurocognitive Disorder due to vascular problems; Neurocognitive Disorder…
  • Southern Paraplegic Scam Artists Now Targeting Wisconsin Personal Injury Attorneys

    Randy Rozek
    14 Jan 2015 | 1:11 pm
    Visit us at In the latest iteration of this popular scam, a southern gentleman has been contacting personal injury law firms regarding his most unfortunate situation. You see poor Calvin Thomas (Telephone: 225-276-5233) was working in the loading dock area at Lowe’s in Madison, Wisconsin, when a FedEx Ground delivery driver backed up to the dock. Unfortunately, the FedEx driver failed to engage his brakes and exited from the truck. The truck then rolled backwards pinning poor Calvin between the back of the truck and the loading dock. The 29 year-old (sounding more like…
  • How Traumatic Brain Injuries Impact the Memory

    Randy Rozek
    12 Dec 2014 | 7:02 am
    Visit us at Memory impairment affects approximately 54 to 84 percent of individuals suffering from traumatic brain injury. While the effect of TBI on long-term memory has been known for a long time, what occurs behind the scenes has never been detailed for this population. The theory of cognitive reserve has long been used to explain comparable injuries. In other words, higher intellectual enrichment provides a protective effect on long-term memory. Study from the Kessler Foundation Researchers at the Kessler Foundation studied 50 patients who had mild to severe TBI for their…
  • Rich Environments May Help Brain Injury

    Randy Rozek
    14 Nov 2014 | 7:19 am
    Visit us at Violent blows to the head, as football players are learning, have the potential to cause to severe brain injuries. When it comes to physical brain damage, the long-term effects range from trouble communicating, extensive cognitive slowdown and behavioral deterioration. Up to this point, researchers have found no effective cognitive or medical treatment for patients who suffer from a TBI. However, a recent study from Tel Aviv University suggests that enriched environments could provide a promising path for the rehabilitation of patients who suffer from mild traumatic…
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    bLAWgical Thinking

  • #barpreplife: You’ve Got This!

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

    24 Jul 2015 | 10:09 am
    GUEST BLOG by Ifeoma Ukwubiwe Graduated from Rutgers School of Law-Newark There’s less than one week until the bar exam. I’ve been extremely stressed lately. In the midst of all the memorizing and recalling I had to prepare for several job interviews. I’ve definitely added more pressure to myself because I know I have to pass these bar exams to secure legal employment. There’s literally no time left for procrastination. I can’t even imagine trying to create a workout routine, making dinner or even cleaning my room. There just isn’t enough time in the day.
  • #barpreplife: The Final Two Weeks

    16 Jul 2015 | 10:44 am
    GUEST BLOG by Ifeoma Ukwubiwe Graduated from Rutgers School of Law-Newark There are exactly two weeks to the New York and New Jersey Bar Exams. Yes, 2 weeks!!! I’ve been doing the following 4 things to prepare for the Big Three Days: Adjusting my sleep schedule: Although, I’ve not done so yet, I really need to adjust my sleep schedule before the big three days. Lately, I’ve been waking up really late and staying awake past midnight. My testing site opens for check in at 7:30 am. To account for transportation and anticipated traffic issues, I have to wake up at 5:00am (OH MY!). From now…
  • #barpreplife: Countdown to 3 Weeks…

    8 Jul 2015 | 10:36 am
    GUEST BLOG by Ifeoma Ukwubiwe Graduated from Rutgers School of Law-Newark There are exactly 3 weeks to the New York and New Jersey Bar Exams. I’m not ready. In fact, I’m nowhere near where I want to be. I just took the Simulated MBE and let’s just say I’m worried. Upon finishing my exam, I immediately scored it. Unfortunately, I didn’t score as well as I would have liked. Apart of me feels like giving up. I feel like all the work I put into it, all the sacrifices I made were for what? I’m really disappointed in my score.  Another part of me knows that…
  • #barpreplife: My Person

    1 Jul 2015 | 10:37 am
    GUEST BLOG by Ifeoma Ukwubiwe Graduated from Rutgers School of Law-Newark “You are my person.” This is the infamous quote from Grey’s Anatomy that everyone knows. “My person” is the one who I’ve attained the highest level of friendship with. A friend who knows the song in my heart and who can sing it back to me when I’ve forgotten the words. As I approach the second half of bar prep, now more then ever is when I find myself leaning on “My person.” I’ve definitely been feeling like it’s crunch time. I’ve doubted my ability to pass and I often feel unprepared. It’s…
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    Attorney at Work

  • Overwhelmed? Time Management Tips

    The Editors
    31 Jul 2015 | 3:30 am
    What steps can you take to better manage your time so you’re truly more productive and less overwhelmed? For this month’s Friday 5+ Tech Tips, we asked the practice management experts for their best time management tip: a teensy tweak or trick that has made a difference — or their best advice for overhauling an entire process, if that’s what it takes. Heidi Alexander: Declutter Your Brain with GTD Like many other attorneys, I’m a fan of David Allen’s Getting Things Done (GTD) strategy for time and task management. This technique provides a way to capture,…
  • Overwhelmed? Time Management Tips

    The Editors
    31 Jul 2015 | 3:30 am
    What steps can you take to better manage your time so you’re truly more productive and less overwhelmed? For this month’s Friday 5+ Tech Tips, we asked the practice management experts for their best time management tip: a teensy tweak or trick that has made a difference — or their best advice for overhauling an entire process, if that’s what it takes. Heidi Alexander: Declutter Your Brain with GTD Like many other attorneys, I’m a fan of David Allen’s Getting Things Done (GTD) strategy for time and task management. This technique provides a way to capture,…
  • 3 Steps to More Referrals

    Mary Lokensgard
    30 Jul 2015 | 4:00 am
    What lawyer doesn’t like getting good referrals? The potential client’s matter fits your practice, and he’s heard good things about you from the person who sent him over. You can build a steady stream of referral business — maybe not enough to abandon ads or stop worrying about your website, but enough to sustain and grow your practice. You’ll have to invest time and energy into developing and implementing a plan, but it is worth the effort. The first step is figuring out who is likely to send potential clients to you … READ THE REST Summer 2015 How-To Series These past two…
  • 3 Steps to More Referrals

    Mary Lokensgard
    30 Jul 2015 | 4:00 am
    What lawyer doesn’t like getting good referrals? The potential client’s matter fits your practice, and he’s heard good things about you from the person who sent him over. You can build a steady stream of referral business — maybe not enough to abandon ads or stop worrying about your website, but enough to sustain and grow your practice. You’ll have to invest time and energy into developing and implementing a plan, but it is worth the effort. The first step is figuring out who is likely to send potential clients to you … READ THE REST Summer 2015 How-To Series These past two…
  • Beware the 4 Most Dangerous Outlook Features

    Deborah Savadra
    29 Jul 2015 | 4:00 am
    Lurking in the shadows of your email routine are dangerous features that could jeopardize your law practice. Here are four that trip up even seasoned Microsoft Outlook users. 1. Auto-Complete You probably use the Auto-Complete feature every day, and take it totally for granted. The moment you put your cursor in the To: field of an email and start typing, Outlook tries to predict the email address you want. It’s been tracking your email habits and building a list of names and addresses from the messages you send. So, the moment you type “b” in the To: field, it suggests…
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    Pretrial, Trial, Appellate & Evidence Blog


    Ronald H. Clark
    25 Jul 2015 | 7:17 pm
    Want to improve your motion and brief writing? Want to write clearly and concisely? Want to write to win? Then, there is a valuable website for you. King County Superior Court Judge Suzanne Parisien recommended it to me and to my Pretrial Advocacy law students. The website is WordRake. While the website is designed to sell WordRake, which is described as a “revolutionary editing software,” you are not required to purchase the product in order to take advantage of the posts. The author of the posts is Gary Kinder, who has taught writing programs for the ABA and Microsoft among many others.

    Ronald H. Clark
    15 Jul 2015 | 9:56 am
    Judge Terry Lukens (Ret. King County Superior Court and pictured here) is a mediator and arbitrator with JAMS. He provides those with whom he will serve as the mediator with this Mediation Preparation Checklist, which you may find useful along with the checklist provided in PretrialAdvocacy 4th Edition:Mediation Preparation ChecklistJudge Terry Lukens (Ret.)□    Analyze the barriers to settlement – why hasn’t this matter settled?  Lack of communication? Emotion? Lack of information?  Old family grudges? What can be learned from the negotiations, if any, that…

    Ronald H. Clark
    9 Jul 2015 | 9:59 am
    Just returned from the Balkans. For four days – June 29-July 2, 2015, my co-instructor Margaret Bodman (a prosecutor from Columbia, South Carolina and an experienced trial advocacy teacher) and I (Ron Clark) conducted a train-the-trial-advocacy-trainers’ course in Prishtina, Kosovo. The course was held under the auspices of the Justice Department’s Office of Overseas Prosecutorial Development and Training (OPDAT). Resident Legal Advisors Michelle Lakomy and Constantine Soupios were in charge of the program. We are all in the above group picture.The overarching goal of the course was to…

    Ronald H. Clark
    29 May 2015 | 2:33 pm
    The Advanced Trial Advocacy Institute 2015 is just around the corner - June 15-19, 2015. ATAI is held at Seattle University Law School. The Institute is a CLE program co-sponsored by two prestigious organizations - the American College of Trial Lawyers and the American Board of Trial Advocates – and is offered in SU’s Summer Academy.The Advanced Trial Advocacy Institute offers a proven approach to trial practice. Combining premier trial principles and strategies, participants prepare and try a case, including: conducting jury selection, presenting opening statement and closing argument,…

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

  • I just met you, and this is crazy. But here’s my number. . .

    David M. Ward
    31 Jul 2015 | 10:49 am
    You just met someone. You give them your card. Then what? What do you do? Do you tell them to call you? Do you give them a reason to do it? Something you’re going to share with them, or something you want to discuss with them? Or do you leave follow-up to them? Okay, maybe it’s too soon to call. Fine. Tell them to go to your website, to see an article you think they’ll be interested in, or a checklist they can fill out, or to download a report that covers the topic you’ve been discussing with them. Because if they see that article or download that report, they will be…
  • Be different or be gone

    David M. Ward
    30 Jul 2015 | 11:59 am
    Albert Einstein said, “The one who follows the crowd will usually go no further than the crowd. The one who walks alone is likely to find himself in places no one has ever been before.” Most lawyers don’t want to walk alone. They don’t want to stand out. They do what other lawyers do, read what other lawyers read, and do what other lawyers do. They even look like other lawyers look. And that’s why the average lawyer is just average. If you want to be better than average, if you want to earn a bigger income or leave a bigger mark on the world, you can’t do…
  • Calling all note-taking junkies–come and get your fix

    David M. Ward
    29 Jul 2015 | 11:42 am
    Who knew? I had no idea how many different note-taking methods there were. Different methods for different styles and a variety of situations, from classroom to courtroom and everyone in between. And then I read a blog post, The Ultimate Guide to Note-Taking, which I heartily recommend to you. Even if you’re not a note-taking fanboy or girl, or looking for something different from what you currently use to record notes or ideas, you’re bound to find something you can use. The post presents a wide variety of note-taking methods, including the traditional outline/list method we…
  • Getting the right things done

    David M. Ward
    28 Jul 2015 | 11:09 am
    Venture capitalist Mark Suster has a rule he lives by that helps him be more productive and successful. The rule: “Do Less. More.” It means doing fewer things overall, and getting the right things done. “Success often comes from doing a few things extraordinarily well and noticeably better than the competition,” he says. Richard Koch, author of The 80/20 Principle, says, “Everyone can achieve something significant. The key is not effort, but finding the right thing to achieve. You are hugely more productive at some things than at others, but dilute the…
  • Successful lawyers don’t have time for Facebook

    David M. Ward
    27 Jul 2015 | 12:08 pm
    Busy, successful lawyers don’t have a lot of time for Facebook. That doesn’t mean you shouldn’t use social media in your marketing if you want to. It means you need to be careful that you don’t look like you have an abundance of free time to do it, especially during work hours. And yet, that’s what many attorneys do. They might actually be extremely busy and only log in once or twice a day. They might re-post or share others’ posts and not create any of their own. They might use software to automate everything and spend only five or ten minutes a day on…
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    Law Firm Marketing Consultant | SEO Specialist

  • Dustin Ruge Speaking at the NACDL Annual Meeting, Friday, July 24th, 2015

    Dustin Ruge
    21 Jul 2015 | 12:59 pm
    Dustin Ruge will be speaking at the National Association of Criminal Defense Lawyers (NACDL) Annual Meeting on the Top 5 Marketing Facts Every Attorney Should Know on July 24th @ 12 noon. Presentation will be live and available via webcast.For more information and registration: & Time: Friday, July 24th at 12 noonLocation: Westin Denver Downtown Hotel in Denver, COFaculty: Dustin Ruge #cle  #socialmedia #lawyermarketing #nacdl #criminaldefense
  • The Fate Of The Law School Class of 2010

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

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

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

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

  • Posting Notices to Creditors online rather than in the newspaper

    27 Jul 2015 | 9:49 pm
    Readers will notice that I've added a new item to this blog's homepage. It's a link to a site on which executors and estate administrators can publish Notices to Creditors and Claimants online, rather than in a newspaper. Click here to go to the site and see what it's all about. This makes a lot of sense, really. Many people nowadays read their news online. Anyone searching for information
  • BC case shows what it takes to deal with title when kids have been added as joint to parents' property

    23 Jul 2015 | 9:10 pm
    There is a new case from the BC Supreme Court that sheds some light on a topic that is of consistent interest to the readers of this blog. I'm going to give a summary of the case here, but anyone who'd like to read the full case of The Estate of Walter Khadikin, please click here. In this blog, I've talked many times about property that is put into joint names between a parent and a child. The
  • Transferring a cottage after you're gone

    20 Jul 2015 | 6:02 am
    Recently the Globe and Mail carried an article by Tim Cestnick that discusses the options available for transferring your cabin or cottage to your family after you have passed away. Click here to read the article. I like the article because Mr. Cestnick mentions drawbacks as well as advantages of the options. Obviously the plans for transfer have to be made while you're alive, and set out
  • Court case proves false economy of cheap wills

    15 Jul 2015 | 1:28 pm
    In the last 29 years, I've had a lot of conversations with a lot of people about wills. Whenever the first thing the person asks me is the price of the will, I know that person isn't likely to become my client. Not because I charge a lot of money, but because I tend not to work with people who focus on price rather than value. I understand that everyone wants to get the most out of their money
  • Thanks for reading - 3,000,000 views and counting

    15 Jul 2015 | 11:47 am
    Today we - my readers and I - passed a big milestone. This blog now has more than 3 million views. I am so grateful for all of you who come here to read, think, ask questions, and find information about wills and estates. Thanks for reading, and keeping me on my toes!
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    AZ Attorney

  • ICYMI: Insightful (truly!) magazine profile of @tmzlawyerJason via @sfbar @sfbarBarristers

    31 Jul 2015 | 9:36 am
    If they existed for lawyer magazines, rack sales would skyrocket with celebrity covers. (Or celebrity-adjacent.) Let’s step back in time, shall we? All the way to December 2013. That’s when California Lawyer Magazine ran a cover story on Jason Beckerman, a TMZ in-house counsel (and on-air commentator). If any story was made for Change of Venue Friday, this has to be it, am I right? A touch of law, a dash of celebrity, a soupçon of journalism. You are most welcome. And yes, this has been out there for a bit, but so what? I somehow managed to never write about it, and the story includes…
  • Leadership changes at @AZStateBar

    30 Jul 2015 | 9:17 am
    Part of the opening spread in the profile of Bar President Bryan Chambers, Arizona Attorney Magazine, Sept. 2015. Some organizational moves at the State Bar of Arizona: As you probably know, the new President of the Bar took his leadership position at the close of the June Convention. At that time, we offered congratulations to Bryan Chambers, from Globe. While all that was going on, Superior Court Judge Peter Cahill announced his retirement, mid-term, from the Gila County Superior Court. Bryan applied for the judgeship. Recently, we learned that Bryan had, indeed, been appointed to the bench…
  • Federal Indian law expert to speak at @HeardMuseum August 7

    29 Jul 2015 | 9:30 am
    Stephen L. Pevar, author of The Rights of Indians and Tribes. Today I share some news about an upcoming event that touches on Indian law. The author of a book that explains the complexities of federal Indian law and tribes’ and their members’ relationships with each other and with non-Indians will speak on current legal issues facing Native peoples Aug. 7 at the Heard Museum in Phoenix. Stephen L. Pevar, the author of the 2012 book The Rights of Indians and Tribeswill speak at 6:30 p.m. Friday, Aug. 7, in the Monte Vista Room at the museum, 2301 N. Central Ave. Pevar will sign copies of…
  • Insight regarding Americans With Disabilities Act anniversary via @ShopABA @MorrisonASU @azcentral @azatty

    28 Jul 2015 | 6:45 am
    When it comes to the ADA’s 25th anniversary, should we celebrate? Do better? Or both? Yesterday, I pointed you toward a few news stories regarding the 25th anniversary of passage of the Americans With Disabilities Act. Today, I suggest some additional resources and reading. Begin with an insightful op-ed by Erica McFadden. She’s an analyst at the Morrison Institute for Public Policy at ASU. As she opens her piece: “Sunday marks the 25th anniversary of the Americans with Disabilities Act and there is reason to celebrate the progress it ushered in over that quarter-century. But needed…
  • Americans With Disabilities Act turns 30, long road ahead

    27 Jul 2015 | 9:30 am
    Washington, DC, murals, courtesy of, commemorate the ADA’s 30th anniversary. (And yes, they’re on stairs.) Yesterday marked a significant anniversary of the passage of the Americans With Disabilities Act. Reaching 30 years is definitely momentous, so I’ll probably cover it a few times this week. Today, some positive news about the ADA, and a troubling sign of how far we have to go. As the Washington Post reports: “Take a walk around D.C. this weekend, and you may stumble across some newly installed murals honoring leaders in the fight for equality for people with…
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    Law Donut blog feed

  • Why don't you have an LPA?

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

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

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

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

    12 May 2015 | 8:02 am
    Resources:  Dealing with insolvency
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    Consumer Rights

  • Air hostess died in Chennai amusement park, compensation paid

    29 Jul 2015 | 11:57 am
    However, the compensation amount seems so inadequate at times. When you consider this young air-hostess, and her sudden and accidental death in a Chennai amusement park, her death at the age of 20 cannot be compensated by with a compensation amount of Rs. 25 lakhs (she would have earned far more during her career, besides the shock of somebody dying so young in an accident that could have been prevented). As one can figure out by reading the news article, the death inside the amusement park happened because the proper safety procedures were not followed by the park operatives; and why were…
  • Railways told to pay for lost bike

    21 Jul 2015 | 6:25 am
    Some things can be pretty shocking. Imagine having bought a new bike, and then getting transferred to a new city. New bike owners are paranoid about the maintenance of their bikes and spend time taking care of them. Depending on somebody else to care for them, even for a few hours, is something that seems odd; but if you have got a transfer, you have to depend on somebody else to transfer the bike for you. Nowadays a lot of people depend on packers and movers for the same, but the railways also have a good service to carry cargo, and ensuring the movement of cars and bikes through the…
  • Fining vehicles parked on the road in Delhi

    20 Jul 2015 | 6:25 am
    This issue rose out of a dispute, but the basic point is a point that really cannot be disputed. When roads are not wide, and when there is a probability of high congestion, then the availability of parking on the road is something that needs to be decided by the traffic authorities and the municipal authorities. It is basic common sense that when the road in an area is not really wide enough for both traffic to pass through and for parking on the side of the road, something has to give and the smooth movement of traffic is a priority. In this case, there was a dispute over making a divider…
  • Mumbai High Court asks corporation to explain heavy flooding

    15 Jul 2015 | 1:21 am
    Last month, in June 2015, there was an incidence of heavy flooding in Mumbai, after a long spell of rain. As usual, the recrimination game blame started, with the corporation and the government both claiming that they are doing the best they can, but with the huge amount of rain, it was just impossible to prevent flooding. The critics however claimed that the corporations had really not done anything after all the promises made during the disaster of the 2005 flooding, and with construction activities going on all over the city, there was localized flooding in many parts, spread all over the…
  • Delhi MCD fines construction sites for causing pollution

    14 Jul 2015 | 1:01 am
    Over a period of time, the National Green Tribunal and other bodies are getting more sensitive towards pollution and how to stop it. Ideally, one really does not expect courts and tribunals to be in the business of stopping pollution, but when Government bodies are turning a blind eye and not doing anything, and health of people is getting affected, courts do get involved since people have rights; if these are rights are getting affected due to inaction by the Government, then they have a right to go to court which will rule in their favor (and sometimes with penalties to various Government…
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    Accellis Technology Group

  • What You Should Know Before Upgrading to Windows 10

    Abbie Hosta
    29 Jul 2015 | 6:13 am
    Today marks the arrival date of the new Windows 10 operating system, a welcomed update for many.  The new OS is far more familiar and intuitive than its predecessor, giving users back the familiar start menu, taskbar and desktop they’ve been accustomed to for so long. Best of all, the update can be downloaded for free by Windows 7 and Windows 8.1 owners. That’s not to say that we recommend moving forward with the upgrade – yet. As a Managed Service Provider (MSP), managed PCs need to go through a vetting process to work out kinks. As such, we’ve already prevented the ability…
  • 10 Signs it’s Time to Switch Your Managed Service Provider

    Abbie Hosta
    20 Jul 2015 | 5:35 am
    So you’ve been working with the same Managed Service Provider for years now and after taking a look at your year-to-date expenditures, you find yourself wondering if you’re really getting what you’re paying for. But is it time to break the partnership? Is the cost of moving to a new provider worth the administrative effort? Here are 10 ways to tell. 1) Recurring issues Managed Service Providers (MSPs) use comprehensive monitoring systems in conjunction with a sophisticated incident database to detect and resolve (most) problems before they disrupt your business. In the event that an…
  • 3 of My Favorite Features in Worldox GX4

    John H. Roth II
    9 Jul 2015 | 11:12 am
    Okay, so I may be late to the party. Worldox GX4 is out and a few people have been blogging about it. But what makes it worth upgrading? Sometimes there just isn’t enough stuff to make the move worth it. Well, this is not one of those times. Worldox GX4 is loaded with new features and I wanted to share my top three. 1) Follow Me Favorites This easily makes the top of my list. Why? Well if you recall, in previous versions of Worldox, you were required to make a quick profile for direct access, saving, saving email etc. Then as you worked and made profiles, your favorite matters list would…
  • 10 Ways to Get More Out of Your Practice Management System

    Michael O'Neill
    26 Jun 2015 | 11:50 am
    Practice management software is designed to consolidate multiple systems and workplace tools, like email, contacts, cases, documents, notes, phone calls, etc., all into a single place where they can be shared with everyone in your firm. Consolidation and sharing eliminates redundancies and firm bottlenecks that cripple workflow and result in wasted resources, adding valuable money to your bottom line. That being said, a common mistake I find is firms investing in a Practice Management system, only to end up utilizing 10% of its features. If you just invested $5,000 for a software program and…
  • Akron Legal News Recognizes Accellis

    Accellis Technology Group
    23 Jun 2015 | 7:00 am
    In its June 19, 2015 issue, Akron Legal News, the official law journal of Summit County, Ohio, recognized Joseph Marquette of Accellis Technology Group. In its feature titled Law firm cybersecurity topic of recent forum, Akron reviewed Joseph Marquette’s recent presentation on cybersecurity. This article is reprinted with permission from The Akron Legal News. Cleveland computer firms The T1 Company and the Accellis Technology Group combined to present a lunchtime seminar on current cybersecurity topics at the Cleveland Metropolitan Bar Association on June 10. Although most of the…
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    The Litigation Consulting Report

  • [New & Free E-Book] The Litigation Support Trial Toolkit 3rd Edition

    24 Jul 2015 | 9:08 am
      by Ken LopezFounder/CEOA2L Consulting At A2L Consulting, we have just published our latest e-book – the third edition of the Litigation Support Professional's Trial Toolkit. It's 262 pages long, contains 88 articles and is completely complimentary to download. This new e-book will be indispensable to any litigator or litigation support professional who wants a summary of the latest thinking in the fields of trial technology, trial graphics, and litigation support. In this book, we try to demystify the craft of the trial technician, with nitty-gritty discussions of how trial…
  • 10 Types of Value Added by Litigation Graphics Consultants

    20 Jul 2015 | 12:10 pm
      by Ken LopezFounder/CEOA2L Consulting Over breakfast the other day, a partner in a major law firm was explaining to me that it can be challenging to explain the added value that litigation graphics consultants can provide in a case, especially given the challenging budget environment in which litigators operate today.  He was surprised when I said that the key here is not the fact that graphics consultants know how to prepare PowerPoints. After all, the average law firm associate can prepare a pretty decent PowerPoint presentation. The problem is that perhaps one in 500…
  • Repelling the Reptile Trial Strategy as Defense Counsel - Part 4 - 7 Reasons the Tactic Still Works

    13 Jul 2015 | 1:14 pm
      by Ken LopezFounder/CEOA2L Consulting In my previous three posts concerning the “Reptile” trial strategy, I provided an introduction to the strategy, I discussed how to spot it, and I discussed why the science that its authors claim supports the strategy is just plain wrong. As I have mentioned in previous articles, this trial strategy has been largely absent from the types of cases that we work on at A2L. However, with high-stakes pattern litigation on the rise, and with the increase in sophistication on the plaintiffs side in big-ticket litigation, the “Reptile” is something…
  • [New Webinar] Winning Cases BEFORE Trial Using Persuasive Graphics

    7 Jul 2015 | 1:41 pm
      by Ken LopezFounder/CEOA2L Consulting We at A2L are sponsoring later this month a new and exciting webinar entitled “Winning Your Case BEFORE Trial Using Persuasive Litigation Graphics.” Whether you are in-house counsel, outside counsel, or a member of a litigation support team, this 60-minute webinar will prove invaluable and will reveal secrets of persuasion that will help you win cases before trial. The key insight here is that graphics aren’t only for use at trial. They can also be used very effectively in motions and briefs presented to judges, even if jurors will never see…
  • Repelling the Reptile Trial Strategy as Defense Counsel - Part 3 - Understanding the Bad Science

    2 Jul 2015 | 9:47 am
      by Ken LopezFounder/CEOA2L Consulting In two recent posts, we discussed the “Reptile” theory of courtroom advocacy, a plaintiff lawyer’s strategy that essentially asserts that plaintiffs can win at trial if they successfully appeal to the “reptilian” portion of jurors’ brains. This portion, according to the theory, is the primitive part of the brain, the portion that humans supposedly share with reptiles. It is this portion that responds on an elemental level to fear, according to “Reptile” advocates, and jurors therefore simply need to be persuaded that they themselves…
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    Africa Music Law™

  • 21 year Old Accuses Footballer Asamoah Gyan of Sodomy Rape, the Legal Saga Continues

    31 Jul 2015 | 8:21 am
    A few months ago, Black Stars Captain Asamoah Gyan, a world renowned football player, was accused of raping a 21 year old in Ghana. The story went as follows: Asamoah Gyan is a married man with four kids. Nevertheless, he engaged in sexual intercourse with this 21 year old woman. There is no dispute that...
  • Atlanta Woman Accuses Timaya of Rape, Allegedly Files Complaint with Police

    30 Jul 2015 | 8:27 am
    Timaya is a Nigerian pop singer whose brand of music, in my view, largely centers on the objectification of women. Indeed, I have spoken very strongly against his brand of music and music videos. However, does that make him a rapist? A court of law, if he is charged, will have to make that decision....
  • That Bisi Alimi Rant and Insults Against Nigeria and Nigerians

    30 Jul 2015 | 7:55 am
    Bisi Alimi, a self proclaimed gay activist in the UK who is of Nigerian heritage, recently took to social media to simply rain insults on Nigeria and Nigerians because he was supposed to be interviewed by a TV station and the interview logistics did not work out. Sounds like a spoilt brat to me. You...
  • AML 056: Show Dem Camp on How to Build a Successful Artist Brand in Nigeria

    28 Jul 2015 | 9:50 am
    Talented rap duo/band Show Dem Camp (SDC) joins Ms. Uduak on the 56th Episode of The Africa Music Law Show to discuss how to build a successful artist brand in Nigeria. SDC is made up of Ghost and Tec and the two have a strong following in  Nigeria,  the United States and the United Kingdom.  The...
  • Black Lawyers Wage War Against Police Brutality at the 90th Annual NBA Convention

    27 Jul 2015 | 11:35 am
    LOS ANGELES — Over a thousand members of the National Bar Association, the largest African-American Bar Association in the United States, convened on the city of Los Angeles, for the organization’s 90th Annual Convention, with a specific goal: wage war against police brutality and misconduct in the black community. The convention, held at the Westin...
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    Wexler Wallace Law Firm Blog

  • Chamber of Commerce’s Big Ties to Big Tobacco Under Fire

    Amy Sayre, Paralegal
    8 Jul 2015 | 12:45 pm
    You can’t please all of the people all of the time, and if you’re the U.S. Chamber of Commerce that’s certainly true right now. The CVS Health Corporation, the largest pharmacy health care provider in the U.S., has withdrawn its
  • Marriage Equality Wins

    Amy Keller, Associate
    29 Jun 2015 | 7:19 am
    I was late to work on Friday. Not because I couldn’t find a taxi, or the dogs were lagging on their morning walk. In fact, I had already started working around 8:30 a.m. on my patio—pot of coffee made, laptop
  • Will the EPA’s Hydraulic Fracturing Report Affect Litigation?

    Tim Jackson, Associate
    15 Jun 2015 | 7:13 am
    On June 4, 2015, the Environmental Protection Agency (EPA) issued its findings on the potential impacts of hydraulic fracturing for oil and gas on drinking water resources. The EPA’s nearly 1,000 page draft assessment, which was conducted at the request
  • Guidance for Damages Issues in Class Cases

    Thomas Doyle, Of Counsel
    2 Jun 2015 | 9:00 am
    How should trial courts deal with challenges to damages models in class actions? The Seventh Circuit recently suggested a burden-shifting approach, in a recent opinion involving loss causation in a securities fraud case. Glickenhaus & Co. v. Household Int’l Inc.,
  • New Rules to Usher In Fair Pay and Safe Workplaces

    Mark Miller, Partner
    27 May 2015 | 11:42 am
    Earlier today, the Department of Labor along with federal procurement agencies released what we believe to be terrific new rules that flesh out—and give teeth to—the “Fair Pay and Safe Workplaces” Executive Order signed by the President last July. (Executive
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  • The Perfect Welcome Email to Send to EVERY New Client!

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

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

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

    17 Jun 2015 | 1:40 pm
    It’s hard to believe June is here already. This week marks the 4th Father’s Day without my husband Nick. I’m not sure it will ever get easier; however, I was recently told by someone I admire that my trials have allowed me to help so many more families struggling with illness, caregiving issues and loss through my work here at Legal Marketing Maven. So, there’s some silver lining. Because of my professional background and my personal experiences, I truly know first hand that families desperately need legal counseling, services and support during all of the transitions that…
  • I love this marketing strategy that NEVER goes out of date!

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

  • High-Speed Chase Ends with a Crash in Walnut Creek

    Kelly Balamuth
    23 Jul 2015 | 11:34 am
    Shortly before 10 pm on July 16th, law enforcement authorities in the city of San Lorenzo attempted to make a routine traffic stop of a Land Rover with two men inside. As reported by KPIX 5, the driver failed to yield on Hesperian Boulevard and Grant Avenue, beginning a chase that continued onto Interstate 680. The SUV led law enforcement at speeds of up to 100 mph at times, with the California Patrol Highway taking up the pursuit. The chase ended in Walnut Creek where the SUV sideswiped two cars and slammed into a parked vehicle near the intersection of North Main and Pine streets, shutting…
  • Were You a Victim of Legal Malpractice?

    Kelly Balamuth
    3 Jul 2015 | 11:54 am
    Did you hire a lawyer who broke your trust, who caused your case to end unfavorably due to incompetency or intentional misrepresentation? Are you now facing serious repercussions because of this? When an attorney does not properly do his or her job, the client may have grounds for a legal malpractice claim and recover the damages incurred by the attorney’s failure to fulfill his or her professional duty. The common forms of legal malpractice include the following: Failure to file a motion before the deadline Failure to appear at a court hearing Overbilling Mistakes or errors in legal…
  • Man Shot and Killed by Oakland Police

    Kelly Balamuth
    11 Jun 2015 | 9:43 am
    A 30-year-old man was shot and killed by Oakland police Saturday, June 6th near Lake Merritt in Oakland. He was unresponsive in a stolen gray 2005 BMW stopped several feet away from the stoplight at Lakeshore and Lake Park avenues with a loaded handgun nearby. Officials said that they attempted to wake the man up for over an hour with nonviolent efforts that included using a bullhorn and unsuccessfully trying to break the car windows using bean bag rounds. When the man woke up and responded to police officers a confrontation ensued, leading one officer to deploy his taser and another officer…
  • Kelly Balamuth, Volunteer Mediator for the Congress of Neutrals

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

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

  • Four Reasons Whiplash Is More Serious Than You Think
    14 Jul 2015 | 9:15 am
    Whiplash is rarely seen as a particularly serious injury. The truth is that there is a significant minority of cases that are really very serious and very difficult to live... The post Four Reasons Whiplash Is More Serious Than You Think appeared first on Loyalty Law.
  • Construction Sites And Accidents At Work
    12 Jun 2015 | 5:33 am
    Accidents at work can happen in a lot of different ways. This post seeks to inform and to illuminate some of the more important accident at work safety issues that... The post Construction Sites And Accidents At Work appeared first on Loyalty Law.
  • How Common Are Accidents At Work Really?
    12 May 2015 | 8:28 am
    Accidents at work are often portrayed as rare events. On its own, this opinion is harmless, but it’s often implied that they’re also very unfortunate events, with nobody really to blame... The post How Common Are Accidents At Work Really? appeared first on Loyalty Law.
  • Reasons To Be Careful (One, Two, Three)
    14 Apr 2015 | 7:17 am
    Whiplash claims is a heavily contested area of law. Not in the actual court – there are fairly predictable whiplash payouts that you can expect to receive based on factors that... The post Reasons To Be Careful (One, Two, Three) appeared first on Loyalty Law.
  • Have You Been In An Accident That Was Your Fault?
    1 Apr 2015 | 6:42 am
    Have you been in an accident that wasn’t your fault? It’s a familiar refrain, familiar enough that what seemed like hundreds of thousands of Twitter users joked about it after... The post Have You Been In An Accident That Was Your Fault? appeared first on Loyalty Law.
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    Palmer Law Firm

  • Ralph Palmer Voted Top 100 Lawyer

    23 Jul 2015 | 7:51 pm
    For the 16th consecutive year, Ralph Palmer has been recognized as a Super Lawyer for his representation of individuals that have been injured in Minnesota car accidents and other various scenarios involving personal injury. Along with this annual achievement, Ralph has been recognized as a “Top 100″ lawyer within Minnesota across all areas of practice for 2015. Ralph prides himself on zealously representing injured individuals throughout their entire claims process after an accident. If you have been injured in a Minnesota car accident, contact Ralph Palmer to schedule your…
  • Jury Verdict: Cervical Disc Herniation in Hennepin County

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

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

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

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

  • Summary of the Proposed Amendments to Form ADV and Investment Advisers Act Rules

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

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

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

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

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

  • What are my Options After a Conviction?

    14 Jul 2015 | 11:10 am
    Just because you have been convicted of a crime does not mean that you have lost your case entirely. There is a Post Conviction Issues/Appeals process that seeks to overturn your conviction or modify the terms of a sentence. If you have lost civil rights due to a conviction, such as the right to vote, these right can sometimes be restored. An experienced criminal defense attorney can appeal your case in order to seek a more favorable outcome. Post Conviction Relief Arizona: Filing PCR Petitions: If a Defendant feels that he had ineffective assistance of counsel (this usually occurs with…
  • Super Bowl 49 Arizona – DUI & Alcohol Patrols

    29 Jan 2015 | 3:22 pm
    Super Bowl 49 is here and will be player February 1, 2015 in Glendale, AZ. If you do go to the game or are partying in downtown Phoenix this weekend at the Super Bowl Central please don’t drive if you have been drinking. The Phoenix, Scottsdale, Glendale, Tempe, and surrounding law enforcement groups will be out on DUI patrols looking for impaired drivers. The police will also be looking for Minors in Consumption or Possession of Alcohol, Disorderly Conduct, cases of Assault, among other crimes. If you are going to be partying, please be safe. If you are out drinking and get pulled…
  • Ticket Scalping Laws in Arizona – Super Bowl 49

    28 Jan 2015 | 2:13 pm
    Super Bowl 49 is scheduled to take place on February 1, 2015 in Glendale, AZ. Glendale is located on the west side of the Phoenix-metro area. The Super Bowl has long been one of the most popular sporting events in the world for many years. Buying a ticket to the Super Bowl is very difficult since a lot of the tickets are used by corporate sponsors of the National Football League (NFL). Because tickets can be scarce and add in the fact that there is only a 2 week head’s up for fans of the teams that make the big game, it can make finding a ticket that much more difficult. Is Ticket…
  • Waste Management Phoenix Open 2015 – DUI & Alcohol Crimes

    28 Jan 2015 | 1:31 pm
    The Waste Management Phoenix Open 2015 edition will be held again at the TPC of Scottsdale. The actual tournament runs from Thursday January 29th to Sunday February 1st (which is also Super Bowl 49). There are tournament related activities earlier in the week but the actual tournament starts on Thursday. As is customary, there will be huge parties at the ‘Bird’s Nest’ located on the grounds of the TPC of Scottsdale. There are 100’s of thousands of people expected to attend the tournament each day and the concerts each night at the Bird’s Nest. With the influx of…
  • Coming to Super Bowl XLIX: What are the Arizona DUI Laws?

    8 Jan 2015 | 9:00 am
      Every year, cities and sports venues from all around America submit bids to host a Super Bowl. University of Phoenix Stadium in Glendale, Arizona was privileged to be awarded the right to host Super Bowl XLIX (49) to be played on February 1, 2015. The good news was delivered on October 11, 2011 and represents the second time this venue has been selected. If you plan on coming to the Phoenix area for the Super Bowl, we’ve put together a few places you might want to visit while you’re here on your trip. We also put together an outline of the Arizona DUI Laws which are good…
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    Oklahoma Personal Injury Blog

  • Popular Blood Thinner and its Side Effects

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

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

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

    Attorney Ray Maples
    22 Jun 2015 | 8:37 am
    Summer has arrived! Children are out of school, parents are submitting their vacation plans to their employers, and everyone is getting ready for summer fun. Whether you’re heading outdoors this summer or plan to beat the heat in indoor, air-conditioned settings, Oklahoma City offers endless opportunities for summer fun. Below are the top spots you don’t want to miss, courtesy of Oklahoma City National Memorial and Museum Ranked #1 of 121 attractions in the Oklahoma City area by TripAdvisor, the National Memorial and Museum were erected in the wake of the 1995 federal…
  • OSHA Encourages Workplaces to Address the “Fatal Four” Causes of Accidents

    Attorney Ray Maples
    15 Jun 2015 | 9:46 am
    The U.S. Occupational Safety and Health Administration (OSHA) is responsible for setting and enforcing workplace safety standards in millions of workplaces throughout the United States. OSHA is therefore responsible for the safety of 130 million workers, as well as for collecting data on workplace deaths, injuries, and accidents in order to measure whether safety regulations and enforcement are working. In 2013, according to the Bureau of Labor Statistics (BLS), 4,585 workers lost their lives in workplace accidents nationwide. In other words, about 88 people per week or 12 people per day were…
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    SEQ Legal blogs

  • SaaS reseller agreements revisited

    Alasdair Taylor
    14 Jul 2015 | 5:05 am
    Back in October 2012 I wrote this post on the different relationship models that may be used in software-as-a-service (SaaS) channel partner agreements. To my surprise, the post provoked quite some interest. Since 2012, I've drafted and negotiated many more such agreements. Nonetheless, I still find that SaaS reseller agreements can be tricky; and if the initial approach isn't right, you can waste a lot of drafting and negotiation time.This post is for those who wish to write a SaaS reseller agreement, perhaps for the first time, and would like some insight into the special issues these…
  • Legal document generator

    Alasdair Taylor
    10 Apr 2015 | 1:22 am
    I've been working for the past 2 years on a web-based software system to store contract text and legal drafting knowledge in a modular fashion, and to make the production of legal templates and documents based on that text and knowledge as efficient as possible. The system automates everything that can be automated in the document production process. My own use of the system indicates that it cuts in half the time taken to produce first draft documents, as compared with production based on high-quality traditional precedents. It also eliminates most errors from those documents and (by…
  • Software support SLAs

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

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

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

  • Pennsylvania Looks Into Higher Speed Limits

    Tracee Loftus
    21 Jul 2015 | 2:58 pm
    Recently, the Pennsylvania Turnpike and Department of Transportation have been studying the effects of raising the speed limit to 70 miles per hour (mph) at a stretch of the turnpike, as well as portions of Interstate 80 and Interstate 380. Ultimately, these test zones will determine where the speed limit will increase from 65 to 70 mph permanently. Overall, the studies have found that a lower speed limit does not necessarily correlate with a higher degree of safety and, in fact, posting a speed limit that is much lower than what 85 percent of how fast motorists are traveling can even…
  • The “Secrets” of Social Security Disability

    Tracee Loftus
    16 Jul 2015 | 2:52 pm
    According to the United States Census Bureau, about 56.7 million people, or 19 percent of the population, had a disability in 2010, with more than half reporting this disability as “severe.” While most people feel that they are immune from the types of disabilities that could render them unable to work, the statistics show that, according to the Council for Disability Awareness, one in four 20-year-olds will become disabled before they retire, or a total of about 11 million disabled wage earners as of today. For many, if they become disabled before retirement age, their only hope is…
  • Top Causes of Car Accidents

    14 Jul 2015 | 9:49 am
    Statistics released by the National Highway Traffic Safety Administration (NHTSA) indicate that at least 40,000 Americans—or one every 12 minutes—die in car accidents every year. This makes auto accidents the leading cause of death for people aged 35 and younger. Being aware of the five most common causes of accidents can be helpful to ensure that you can avoid certain types of poor driving practices and decision-making. These include: Driving Under the Influence The NHTSA reports that, in 2011 alone, there were close to 10,000 fatal accidents due to drunk driving. This is one death every…
  • Earning Social Security “Credits”

    9 Jul 2015 | 9:42 am
    Many people are worried about what will happen if they are suddenly not well enough to work. While there are many questions out there concerning disability benefits, one of the most confusing areas is how to earn the actual benefits, which are measured in terms of Social Security “credits.” While there is an intricate system for calculating these credits, in sum, your credits are based on total annual earnings. These credits then determine whether you qualify for Social Security benefits. For example, in 2015, $1,220 in earnings was the minimum to receive one credit, and the maximum…
  • Hotel Negligence

    7 Jul 2015 | 7:49 am
    Unfortunately, hotel accidents are all too common, especially in a large city like Philadelphia. For example, earlier this month, a woman who was seriously injured after falling near a pool at the Marriott Residence Inn in Philadelphia decided to sue the hotel for negligence.  Specifically, two years ago, Catherine Gardner’s foot dropped into a deep hole after she stepped onto the pedestrian walkway in the pool area. Her claim for negligence details that the hotel failed to provide for the inspection of the safety of the walkway, provide proper warning of the dangerous condition, and take…
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    Hardwick & Pendergast - Seattle Personal Injury and Car Accident Attorneys

  • Seven Injured in I-5 Crash Involving Dump Truck

    Hardwick &#38; Pendergast, P.S.
    29 Jul 2015 | 10:42 am
    At least seven people suffered injuries in a Seattle car accident when a dump truck crossed a median and drove into oncoming traffic. According to a The Seattle Times report, the truck accident occurred on Interstate 5 near Mount Vernon. Officials say a double-dump truck hauling clay and gravel jumped the median and plowed into 22 vehicles. Two motorists airlifted in critical condition to Seattle’s Harborview Medical Center are in critical condition. It is unclear what caused the accident, but investigators have not ruled out a medical condition as a factor. Wrong way vehicle accidents can…
  • Woman Killed Crossing Interstate 90 On Foot

    Hardwick &#38; Pendergast, P.S.
    21 Jul 2015 | 2:04 pm
    According to a KOMO News, a woman was struck and killed by a car while trying to cross Interstate 90 on foot earlier this month. For reasons not entirely clear, the 56 year old female truck driver had pulled over near the site of another accident before she exited her vehicle and stepped into traffic. Police and witnesses speculate that the woman had witnessed the other crash and was attempting to offer assistance or speak to the State Trooper who was attending to the accident. At some point in their lives, most drivers will be in or witness a motor vehicle accident. While most accidents are…
  • Pedestrian Killed in Hit-and-Run Crash

    Hardwick &#38; Pendergast, P.S.
    13 Jul 2015 | 9:41 am
    A 23-year-old man was killed in a Seattle area car accident involving a hit-and-run driver. According to a news report in The Seattle Times, the fatal pedestrian accident occurred near the 20500 block of Nachant Drive Northeast in the Indianola community south of Kingston. Officials say they are looking for the silver-colored sedan with front-end damage that struck the victim. The Suquamish Police Department is offering a $10,000 reward for information leading to the arrest of the driver. Under Washington Statute RCW 46.52.020: “A driver of any vehicle involved in an accident resulting…
  • Hardwick & Pendergast, P.S. Recognized as One of 10 Best Firms in Washington for Client Satisfaction

    Hardwick &#38; Pendergast, P.S.
    7 Jul 2015 | 8:00 am
    The experienced Seattle personal injury attorneys at Hardwick & Pendergast, P.S. are happy to announce that we have recently been honored with a very prestigious award. The American Institute of Personal Injury Attorneys (AIOPIA) recognized our firm as one of the year’s 10 Best Personal Injury Law Firms for Client Satisfaction in the state of Washington. The AIOPIA is a prominent, well-regarded third-party attorney rating organization that releases an annual list of the best personal injury attorneys in each state. To be selected to the “10 Best” list, attorneys must rank high…
  • Woman Injured in Seattle Bicycle Accident

    Hardwick &#38; Pendergast, P.S.
    2 Jul 2015 | 8:06 am
    A woman in her 30s was critically injured in a Seattle car accident when a car struck her bicycle. As reported by a West Seattle Blog report, the bicycle accident occurred at Delridge and Dakota in Seattle. Officials say the car struck the cyclist, and according to comments on the blog, the car had windshield damage from where the bicyclist hit the car. The cyclist was unconscious and not breathing when medics arrived, but she had a pulse and was transported to a nearby hospital in critical condition. The driver remained at the scene during the investigation. It is unclear what caused this…
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    Farah and Farah Legal Blog

  • Dividing Property During a Florida Divorce

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

    Farah & Farah
    23 Jul 2015 | 4:35 pm
    Five people were injured in a Tampa car accident involving an elderly driver who was traveling the wrong way. According to a WTSP news report, the wrong-way car crash occurred on Memorial Highway near SB I-275 in Tampa. Officials say the elderly woman was disoriented behind the wheel of a Toyota Corolla when she drove north in the southbound lanes of the highway. She collided with a Ford Explorer carrying four occupants. All suffered non-life-threatening injuries and were taken to an area hospital. According to the most recent U.S. Census Bureau, Florida has the fifth oldest population in the…
  • Children Injured in School Bus Crash

    Farah & Farah
    9 Jul 2015 | 4:18 pm
    Six children and three adults were injured in a Jacksonville accident when two school buses on their way to a summer camp collided on the highway. According to a WJAX-TV news report, the school bus accident occurred at Interstate 95 and 8th Street in Jacksonville. Officials say one bus was traveling in the fast lane on its way to the Jacksonville Zoo and Gardens when it was rear-ended by another bus. The nine victims were taken to an area hospital. An official with the bus service involved in the crash has stated that a white car pulled in front of the lead bus forcing both buses to come to…
  • Eight People Arrested in Cocaine Bust

    Farah & Farah
    1 Jul 2015 | 4:15 pm
    One of two alleged drug ringleaders has been arrested along with seven others in a coordinated effort between the Orlando Metropolitan Bureau of Investigation, the U.S. Drug Enforcement Administration and the Florida Attorney General’s Office of Statewide Prosecution. According to a WFTV news report, the drug raid took place in Orange County. Officials arrested the 36-year-old alleged leader of the cocaine trafficking organization as well as seven others, but the 39-year-old co-leader has thus far evaded arrest. During the investigation, agents seized over 14 pounds of cocaine.
  • Defending Theft Charges in Jacksonville

    Farah & Farah
    29 Jun 2015 | 1:04 pm
    In Florida, theft is a blanket term that can cover a number of different crimes such as stealing, larceny and any other offense involving the unauthorized taking of another person’s property. Depending on the value of the property involved, the consequences for a conviction can be quite severe. You can face years in prison for grand theft and even a petty theft conviction can have a lasting negative impact on your finances and career. If you are facing theft charges in Jacksonville, it is important for you to act quickly to build a case. Just because you have been arrested does not mean…
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    Pennsylvania Family Law Blog - The Law Offices of Sheryl R. Rentz

  • Deadbeat Parents Arrested

    Sheryl Rentz
    13 Jul 2015 | 9:04 am
    On July 15th, Montgomery County Sheriff’s deputies arrested nine men in a night raid for failure to pay child support. Authorities said the males owed a combined $96,827.90 in support for ten children. As reported by ABC 6, twelve deputies with K9s tracked the men across Bridgeport, Spring City, Norristown, Royersford, Pottstown, Spring City, and Lansdale. Five others are still wanted by the Sheriff’s Office. Failure to pay child support is a misdemeanor charge, and the penalties for a conviction are a maximum of one year in jail and a $2,500 fine.  There are many tools at the…
  • Moving On after a Breakup or a Divorce

    Sheryl Rentz
    24 Jun 2015 | 2:38 pm
    Getting a divorce is one of the most significant, life-changing events you will ever go through. Filing the paperwork and fighting in court is stressful, but your transition is only beginning. Some find that coping, moving on, and healing is just as challenging as breaking up. It is important to remember that help is out there and there are those who support you and will be there for you. Don’t be afraid to reach out and talk to the people who care about you. One of the challenging parts of moving on is remembering all the shared goals and dreams. It is hard to feel anything but…
  • Now It’s Easier to Check Your Child Support Status

    Sheryl Rentz
    9 Jun 2015 | 8:36 am
    On June 1, The Department of Human Services (DHS) launched a new mobile version of the Pennsylvania Child Support website. It allows users to access child support program information with a phone or tablet. Now, parents can easily access case details, make payments, request materials, check on upcoming appointments, calculate child support payments, and view the status of their cases. There is even a frequently asked questions portion of the site that provides answers to common inquiries. The launch of the new site can help families get the support they are due. If used properly, the mobile…
  • Tax Implications in High-End Divorce Cases

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

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

  • Clermont Florida Criminal Defense Lawyer

    Florida's Top Rated Attorney
    1 Aug 2015 | 2:21 pm
    The Best Clermont Florida Criminal Defense Lawyer in Florida can be found by visiting The Best Clermont Florida Criminal Defense Lawyer in Florida can be found by visiting The attorneys at the Clermont Florida Law Teams are plainly the most outstanding choice legal team that can be contracted in Florida. If you are in a sticky situation and could do with some assistance, everybody agrees that these Law Teams are the ones to have on your side. From high profile cases to swift motions, this team of attorneys have proven that they are the ones…
  • Venice Florida Criminal Defense Lawyer

    Florida's Top Rated Attorney
    1 Aug 2015 | 12:17 pm
    The Best Venice Florida Criminal Defense Lawyer in Florida can be found by visiting The Best Venice Florida Criminal Defense Lawyer in Florida can be found by visiting The lawyers at the Venice Florida Legal Offices are plainly the most amazing quality legal firm that can be found in Florida. When you are in a bind and could do with some assistance, everyone agrees that these Legal Firm are the ones to have on your team. You will feel safer knowing that you own the legal clout and expertise of the Venice Florida legal office behind you, no…
  • Cosby’s Lawyer Makes Controversial Comments About Women Who Have Accused Him … –

    Lawyer - Google News
    1 Aug 2015 | 11:05 am Cosby's Lawyer Makes Controversial Comments About Women Who Have Accused Him …TheBlaze.comBill Cosby's lawyer, Monique Pressley, said it's the “responsibility” of women who have been sexually assaulted to immediately report the crime. Appearing on HuffPo Live Friday, Pressley defended her client against the dozens of rape allegations from …Cosby Lawyer: I'm Not Victim-Blaming, But 'Women Have Responsibility'Huffington PostBill Cosby's Lawyer Claims "Women Have Responsibility" When It Comes To RapeGothamistBill Cosby's…
  • Roof’s lawyer: He wants to plead guilty – Anderson Independent Mail

    Lawyer - Google News
    1 Aug 2015 | 9:03 am
    Anderson Independent Mail Roof's lawyer: He wants to plead guiltyAnderson Independent MailCOLUMBIA – Dylann Roof's lawyer David Bruck told a Charleston federal magistrate Friday morning in a hushed courtroom that his client wants to plead guilty to federal hate crimes in the June killings of nine African-Americans at a downtown Charleston …Accused South Carolina Church Shooter Dylann Roof Wants to Plead Guilty …NBCNews.comSC church shootings suspect wants guilty pleaBoston GlobeNot guilty plea for Charleston church shooting suspect; he wants opposite …The…
  • Homosassa Florida Criminal Defense Lawyer

    Florida's Top Rated Attorney
    1 Aug 2015 | 8:16 am
    The Best Homosassa Florida Criminal Defense Lawyer in Florida can be found by visiting The Best Homosassa Florida Criminal Defense Lawyer in Florida can be found by visiting The attorneys at the Homosassa Florida Law Firm are straightforwardly the best choice law team that can be contracted in Florida. Clients all agree that this Homosassa Law office and Associates are the attorneys to include on your side when you have a case the looks like a loser. You will feel safer knowing that you have the legal authority and expertise of the Homosassa…
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    McDonald Law Firm

  • First Two Pennsylvania Royalty Lawsuits Set For Trial Against Chesapeake

    McDonald Law Firm
    28 Jul 2015 | 11:41 am
    FORT WORTH, Texas – Pennsylvania royalty owners received welcome news this week when they learned two lawsuits filed against Chesapeake Energy by the McDonald Law Firm have been set for trial next year in Dallas. State District Judge Eric V. Moyé set both trials for June 7, 2016. The two lawsuits ― which were filed on behalf of royalty owners with property in Bradford County ― are the first to be set for trial on behalf of the firm’s clients in Pennsylvania. The suits allege underpayment of royalties, breach of contract and fraud, among other things. The lawsuits were filed in Dallas…
  • Ten Back-To-Back Royalty Trials Set Against Chesapeake

    Susan Kuehnhold
    14 Jul 2015 | 2:00 pm
    FORT WORTH – Chesapeake Energy is facing 10 back-to-back civil trials next year in Tarrant and Johnson Counties, stemming from lawsuits filed by the McDonald Law Firm on behalf of North Texas royalty owners. This week, State District Judge Dana Womack set nine more cases against the energy giant for trial, bringing the total number to 10. The judge scheduled one trial each month beginning in February 2016 and running through November 2016. Two trials are set in Tarrant County; the other eight are set in Johnson County. The first 10 trial dates are the beginning of what is expected to be a…
  • Trial Date Set for Tarrant County Royalty Suit Against Chesapeake

    McDonald Law Firm
    12 Jun 2015 | 8:42 am
    FORT WORTH – The first of hundreds of North Texas royalty lawsuits filed against Chesapeake Energy by the McDonald Law Firm has been set for trial early next year in Tarrant County. State District Judge Dana Womack set the trial for February 22, 2016, setting the stage for what is expected to be a hard-fought battle between Chesapeake Energy and thousands of gas royalty owners who claim the energy giant deliberately cheated them out of royalties. The 30-page lawsuit – which was filed on behalf of a Tarrant County property owner – alleges breach of contract, among other things. It also…
  • Connie Squiers Named Partner of McDonald Law Firm

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

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

  • Can Intoxication Be a Defense?

    David Parry
    1 Aug 2015 | 5:55 am
    In criminal law, historically a defense based on intoxication, in which the defendant claims diminished liability for their actions due to the consumption of alcohol or drugs, depended upon on whether the intoxication was voluntary or involuntary. In Florida, if a defendant voluntarily consumes alcohol or drugs, commits a criminal act, then he or she […] The post Can Intoxication Be a Defense? appeared first on Bauer Crider & Parry.
  • Tampa DUI Podcast #6 Part 3

    Brad Post
    23 Jul 2015 | 3:56 pm
    Arrested For A DUI in Tampa and Need a Lawyer So that kind of leads us into the next area which is the breath test area. The breath test aspect of a DUI is something that comes after you’ve been arrested, and a person is asked to provide a sample into a breath test instrument. […] The post Tampa DUI Podcast #6 Part 3 appeared first on Bauer Crider & Parry.
  • Tampa Drunk Driving Criminal Defense Lawyers Podcast #5 Part 2

    Brad Post
    23 Jul 2015 | 3:47 pm
    Tampa Drunk Driving Criminal Defense Lawyers B: So let’s go down the no path and then let’s go down the yes path. So if you are impaired and you say no what’s the next steps that the officer would make? M: A lot of times the officer will try to convince you that doing the […] The post Tampa Drunk Driving Criminal Defense Lawyers Podcast #5 Part 2 appeared first on Bauer Crider & Parry.
  • Tampa DUI Attorneys Podcast #4 Part 1

    Brad Post
    23 Jul 2015 | 3:14 pm
    Tampa DUI Attorneys Brad: You are listening to the Bauer, Crider, Parry Podcast. Bauer, Crider, Parry is criminal defense attorneys in Tampa, FL. Bauer, Crider and Parry are effective Tampa DUI Attorneys and e are speaking to Mike Kenny. Good morning, Mike. Mike: Morning, how are you? B: I’m doing well. Let’s kind of jump […] The post Tampa DUI Attorneys Podcast #4 Part 1 appeared first on Bauer Crider & Parry.
  • What should I look for in hiring a criminal defense lawyer in Florida? #3 Podcast

    Brad Post
    23 Jul 2015 | 12:33 pm
    Hiring a Criminal Defense Lawyer in Florida B: Good morning Mike. Tell me a little bit, what should I look for in hiring a criminal defense lawyer in Florida? M: Well there’s a few things that I think are important when you’re trying to find the right lawyer for you. The first thing is that […] The post What should I look for in hiring a criminal defense lawyer in Florida? #3 Podcast appeared first on Bauer Crider & Parry.
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    MacGregor & Collins, LLP Law Blog

  • DUI Lawyer Cost Formula for Southern California Offenses

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

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

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

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

    Randy Collins
    4 Jan 2015 | 9:57 pm
    Jail records indicate that a Disneyland worker who has been accused of the sexual assault of multiple children will get to have his day in court this week. The case got started on December 19, when it was reported that a man, later revealed as Goodman, was allegedly masturbating while in the presence of children. David Goodman, who is currently residing in Banning, was subsequently placed under arrest on December 19 by the San Bernardino Police Department. The 21-year-old Goodman is alleged to have masturbated in the presence of two young Yucaipa boys. In addition, Goodman has also been…
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    IMC Law Group

  • Have you stopped making Mortgage Payments?

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

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

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

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

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

  • Sonn|Erez Investigating Claims Involving James Madden

    24 Jul 2015 | 6:58 am
    Sonn|Erez is investigating claims regarding James Michael Madden (CRD #1086380, Indianapolis, Indiana). Madden recently submitted a Letter of Acceptance, Waiver and Consent ("AWC") in which he was fined $5,000 and suspended from association with any FINRA member in any capacity for 10 business days. See FINRA Case #2014040336501. Madden was associated with Raymond James & Associates, Inc., from March 2009 until his termination in February 2014. The Form U-5 filed by Raymond James to terminate Madden's registration with the firm says he was discharged for "unauthorized trading." Prior to…
  • Sonn|Erez Investigating Claims Involving Former Wells Fargo Broker Randall Girton

    22 Jul 2015 | 6:21 am
    Sonn|Erez is investigating claims regarding Randall Layne Girton (CRD #5807758, Orland Park, Illinois). Girton recently submitted a Letter of Acceptance, Waiver and Consent ("AWC") in which he was assessed a deferred fine of $12,500, which includes disgorgement of commissions received of $5,165, and suspended from association with any FINRA member in any capacity for three months. See FINRA Case #2013038861801. Girton was registered with Morgan Stanley Smith Barney (August 2010-February 2012) and then Wells Fargo Advisors, LLC (April 2012-November 2013). The Form U-5 filed by Wells Fargo to…
  • Sonn|Erez Investigating Claims Involving City Securities Broker Leonard Tanner

    20 Jul 2015 | 9:24 am
    Sonn|Erez is investigating claims regarding Leonard Eugene Tanner (CRD #442470, Indianapolis, Indiana). Tanner recently submitted a Letter of Acceptance, Waiver and Consent ("AWC") in which he was fined $15,000 and suspended from association with any FINRA member in any capacity for 10 business days. See FINRA Case #2014040152701. Tanner has been registered with City Securities Corp. since October 2010. Tanner previously was associated with PNC Investments. FINRA found that between October 2010 and January 2014 Tanner exercised discretion in executing transactions in approximately 90 customer…
  • Sonn|Erez Investigating Claims Involving George Fellows, Jr.

    17 Jul 2015 | 9:15 am
    Sonn|Erez is investigating claims regarding George Webb Fellows Jr. (CRD #1085138, Washington, District of Columbia). Fellows recently submitted a Letter of Acceptance, Waiver and Consent ("AWC") in which he was fined $5,000 and suspended from association with any FINRA member in any capacity for 10 business days. See FINRA Case # 2012034688101. Fellows was associated with Merrill Lynch, Pierce, Fenner & Smith from February 2007 until his termination in November 2012. Fellows has been associated with Oppenheimer & Co., Inc., since November 2012. FINRA found that Fellows exercised discretion…
  • Sonn|Erez Investigating Claims Involving Joseph DiRago, Jr.

    15 Jul 2015 | 9:11 am
    Sonn|Erez is investigating claims regarding Joseph Barton DiRago Jr. (CRD #1249641, San Antonio, Texas). DiRago recently submitted a Letter of Acceptance, Waiver and Consent ("AWC") in which he was fined $5,000 and suspended from association with any FINRA member in any capacity for 15 business days. See FINRA Case #2013036168801. DiRago has been associated with Wells Fargo Advisors, LLC, since December 2012. DiRago previously was associated with Morgan Stanley. FINRA found that DiRago effected transactions while exercising discretion in a customer's account without the customer's prior…
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    Wisconsin Family Lawyer Blog


    29 Jul 2015 | 12:33 pm
    A Michigan divorce case has garnered a great deal of press in recent weeks. A family court judge, utterly frustrated by the children's refusal to spend time with their father, ordered the children to spend their summer - and perhaps longer - in a juvenile detention center. The judge found the children in contempt of court for refusing to obey an order, and terminated the mother's contact with the children for the summer. We are not privy to the details of the case, so we can't make an informed comment on the judge's remedy, other than to observe that it is extremely unusual and probably…

    1 Jul 2015 | 2:11 pm
    The attorneys and staff at Wessel, Lehker, & Fumelle add our voices to the joyful choir welcoming the United States Supreme Court's decision in Obergefell v. Hodges that the right to marry is a fundamental constitutional right which cannot be denied on the basis of sexual orientation. Progress!

    24 Jun 2015 | 8:55 am
    Venue and motions to change venue in Wisconsin courts are governed by the statutes found at Wis. Stats. § 801.50 through § 801.64. Those statutes apply to family law cases through §767.201 and the related residency requirements of § 767.301. Family law cases, however, are unique in their continuing nature. While most types of cases are finalized after entry of judgment (except, of course, for appeal remands and sometimes enforcement issues), family law cases frequently require the court's continuing action after entry of judgment for modification of placement or custody, modification or…

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

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

  • Sanders v. Sears-Page: Court Orders New Car Accident Trial

    29 Jul 2015 | 4:59 am
    The majority of car accident lawsuits are settled outside of court, prior to the trial phase. However, the personal injury lawyer you choose to handle your case should have ample trial experience. Some cases are best resolved at that level, and trial procedures are complex and fast-paced. Although the actual crash may have been a fairly straightforward occurrence and fault is clear, liability may be less clear when a defendant calls into question the medical history of a plaintiff relative to causation of injuries. One example was seen recently in the Nevada Court of Appeals case of Sanders…
  • Widespread Vehicle Defects Galvanize Government Regulators

    25 Jul 2015 | 6:20 am
    For years, it seemed as if the officials with the National Highway Traffic Safety Administration were asleep at the wheel. The agency was slammed by members of Congress during hearings on Capitol Hill in which lawmakers criticized the failure to take swift, aggressive action over both the General Motors ignition switch failures in 2014 and Toyota's sudden acceleration problems in 2009. The agency was seen as weak as it was openly challenged by Chrysler in 2013 over the recall of 2.6 million Jeep sport utility vehicles. But now, with new leadership, it seems the agency may finally be shifting…
  • Report: Emergency Responders Have High Rate of Driver Distraction

    20 Jul 2015 | 5:47 am
    Distraction is a problem for all drivers. Whether it's a vibrating cell phone or children in the back seat - there is constant competition for our attention at all times, even behind the wheel. But a recent news investigation reveals South Florida emergency responders may have an even higher rate than the rest of the public. This includes police officers, firefighters and paramedics/EMS workers. The findings are particularly troubling in light of the fact that these workers are often called to operate vehicles at high rates of speed, often through heavy traffic. While they are given…
  • Florida Bicycling Risks Over Age 70

    17 Jul 2015 | 12:00 pm
    Bicycling in Florida can be great. There are many miles of flat, picturesque terrain and weather that is generally conducive year-round to good riding (though you may opt for an early morning or evening jaunt at the peak of summer). But bicycling in Florida is also very dangerous. The National Highway Traffic Safety Administration reports a 19 percent increase in pedalcyclist fatalities since 2010, with Florida having by far the highest percentage of bicycle deaths. We had 6.80 bicycle deaths per million, and a total of 133 for the year in 2013. That was far in excess of any other state -…
  • Establishing Spectator Sport Injury Liability a Challenge

    15 Jul 2015 | 6:26 am
    Just last month, a Boston Red Sox baseball fan was seriously injured when shards of a broken bat flew into the stands at Fenway Park and struck her in the face. The 44-year-old's injuries were initially characterized as life-threatening, though she is now expected to survive. She was transferred from a hospital to a long-term rehabilitation center weeks after the incident, which occurred as she watched the second inning of the game from behind the third baseline. Major League Baseball officials said they were reviewing fan safety at stadiums following the accident, but the question of whether…
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    Chicago Immigration Lawyer Blog

  • DHS Introduces Rule to Expand Provisional Waivers

    30 Jul 2015 | 12:18 pm
    The Department of Homeland Security introduced a rule last week that would expand access to the I-601a waiver to all statutorily eligible individuals. Currently, DHS only allows immediate relatives of a United States citizen to apply for the I-601A waiver of the 3 or 10-year bars for remittance to the United States. DHS limited the waiver to this subset of individuals to prioritize family members impacted by the bars. In an effort to expand the provisional waiver to all statutorily eligible individuals, the Department has now introduced a rule to make the expansion a reality. Under the…
  • The Changing Dynamics of U.S. Immigration

    22 Jul 2015 | 11:24 am
    China and India have surpassed Mexico for the first time as the top sending countries of immigrants to the United States, according to research conducted by the U.S. Census Bureau. While the debate over immigration reform in the United States often focuses on Mexican immigrants to the United States, data from the U.S. Census Bureau shows that the number of Mexicans immigrating to the United States has been on the decline since 2004. As the chart from the U.S. Census Bureau shows, Mexican immigrants to the U.S. peaked in 2000 when over 400,000 immigrants from Mexico came to the U.S. That…
  • What You May Have Missed About the President's Immigration Action

    16 Jul 2015 | 9:50 am
    When the President announced the executive actions he was taking on Immigration back in November, most of the focus was on the expansion of DACA and the creation of DAPA. What a lot of people missed was what the Department of Homeland Security did about who should be deported from the United States. DHS Secretary Jeh Johnson issued a memo in November 2014 that narrowed the categories of immigrants targeted for deportation. Following in the footsteps of President Obama's call to prioritize how DHS Immigration enforcement resources are used, the DHS memo released in November expands the concept…
  • U Visa for Crime Victims

    8 Jul 2015 | 12:48 pm
    A topic that has been getting a lot of attention recently is a certain type of visa known as a U Visa. Because this topic has gotten a lot of attention recently, here is some information about what exactly a U Visa is. If you were the victim of a crime and if you can help law enforcement investigate and/or prosecute that crime, you may be eligible to file for a U visa. The U visa is for victims of certain crimes that have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of that crime. Enacted by Congress in 2000,…
  • "An Act of Love." One Republican's View on Immigration Reform

    1 Jul 2015 | 10:38 am
    An earlier blog highlighted a Democratic candidate for President's views on immigration reform and to keep the conversation going, this blog will highlight a Republican's views on immigration reform. Jeb Bush, the former two-term Governor of Florida, is notably the most pro-immigration reform Republican running for President in 2016. Bush has long called for the Republican Party to embrace policies that would show Republicans welcome immigrants. Bush has put forth several immigration reform proposals. As Governor, Bush supported letting undocumented immigrants receive a driver's license and…
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    South Florida Criminal Law Blog

  • When Florida Police and Defendant Disagree on Consent to Search - Thompson v. State

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

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

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

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

    10 Mar 2014 | 8:08 am
    Details matter. In Florida criminal cases, the difference between being charged with one crime over another can have a big impact on whether a criminal defendant is ultimately convicted and on how much time he or she may eventually have to spend behind bars. In Tuttle v. State, Florida's Second District Court of Appeals takes on what may at first seem like a technical dispute over legal intricacies. But it is exactly these kind of issues that can make or break a case. Mr. Tuttle was charged with second degree murder, armed burglary and attempted home invasion stemming from a tragic, fatal…
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    South Florida Car Accident Law Blog

  • Limitations on Owner's Liability in Florida Car Accident - Santos v. Brink

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

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

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

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

    12 Mar 2014 | 6:35 am
    It's an unfortunate reality that auto insurers don't always have their clients' best interests in mind. There are a number of ways in which these companies look to limit coverage payouts after an accident, including the so-called "rejection" of coverage at issue in Arnold v. Wausau Underwriters Insurance Company. Mr. Arnold filed a claim with Wausau seeking uninsured motorist coverage following an October 2011 car accident that occurred while Arnold was working as a "Road Ranger" for Roy Jorgensen Associates. RJA held an auto insurance policy with Wausau, which originally included $1 million…
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    Marketing Attorney Blog

  • Law Firms Online -- Rebranding and Client Tracking

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

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

    7 Jul 2015 | 5:41 pm
    In ALM's The Legal Intelligencer, reporter Gina Passarella writes on Morgan Lewis Took Risks in Its Rebranding. She spoke with me about the effectiveness and controversial aspects of the mega firms' new look, which included a new website among the various rebranding efforts. Passarella points out that with a new chairwoman and two mergers, the firm is undergoing change. The article also mentions that the rebranding initiatives, led by the firm's marketer, Despina Kartson, started prior to the Bingham McCutchen and Stamford LLC mergers. While the article states that the firm's goal was to…
  • What's in a (Law Firm) Name Change? Wolff & Samson Is No Longer

    8 Apr 2015 | 9:42 am
    In today's The Record (Bergen County, New Jersey), staff writer Shawn Boburg writes on Former Port Authority chairman David Samson's retirement from the firm he helped found--Wolff & Samson--and the firm's decision to retire their name as well. Wolff & Samson was founded more than 40 years ago (1972) and has grown into one of New Jersey's largest and best known law firms--with 120+ lawyers in three offices. As the article states, "A close political confidant and adviser to Governor Christie who has been the subject of an ongoing federal investigation arising out of the George Washington…
  • LPT -- Law Firm Management Struggles with Multigenerational Issues

    18 Mar 2015 | 8:14 am
    The March 2015 issue of Law Practice Today (LPT) focuses on the theme of multigenerational and multicultural issues at law firms. As Editor in Chief of LPT, I wanted to also serve as the issue editor for this particular topic. It is an interesting one that seems to creep into conversations at my law firms and in bar activities on a daily basis. It is a struggle, and it simply can't be ignored. Depending on the size and makeup of your firm, you might have traditionalists, baby boomers, generation X and Millennials in the mix. Many articles provide the definitions and traits tied to each. They…
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    Dallas Divorce Law Blog

  • Texas divorce case law update: grounds for divorce must be proven

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

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

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

    Michelle O&#039;Neil
    26 Jun 2015 | 8:00 am
    The US Supreme Court found marriage of Constitutional proportions and extended the right of marriage to same-sex couples. This broad sweeping Constitutional rights opinion will have profound effects on many aspects of our society, not just the right to marry. It will apply to right of adoption, inheritance, death benefits, divorce, and maybe other ways we haven’t even thought of yet. For my extensive view of the opinion in Obergefell v. Hodges, see my post here: Marriage Equality — The Whole Enchilada.
  • Is June 26 the day for LGBT Right to Marry?

    Michelle O&#039;Neil
    24 Jun 2015 | 1:02 pm
    Did you know I started a new blog on LGBT family law rights in Texas? Today I posted about the significance of the date June 26 in the LGBT rights movement. The significant case of Lawrence v. Texas, which held unconstitutional statutes criminalizing homosexual conduct, was handed down by the US Supreme Court on June 26, 2003. And, the Windsor opinion finding portions of the federal Defense of Marriage Act unconstitutional as applied to same sex couples, came out on June 26, 2013. So, it is significant that the US Supreme Court announced late last week that they are having an opinion-issue…
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    Massachusetts Drug Injury Lawyers Blog

  • The Risks of Testosterone Replacement Therapy (TRT)

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

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

    Altman &#38; Altman
    1 Jul 2015 | 7:48 am
    Xarelto, otherwise known as rivaroxaban, is a prescribed blood thinner manufactured by Bayer and marketed by Janssen Pharmaceuticals, a subsidiary of Johnson and Johnson. Xarelto was approved by the Food and Drug Administration (FDA) in 2011 for treatment of deep vein thrombosis as well as pulmonary embolism. There is a mounting sum of evidence that claims, however, that Xarelto was not generally approved as a blood thinner. The approval for Xarelto was revised in 2012 to cover patients with reoccurring blood clots—but the decision came against the approval of the FDA’s own panel. Xarelto…
  • Nearly 2,200 Lipitor Cases Filed Over Type 2 Diabetes Side Effects

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

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

  • Breaking Up is Hard to Do- The End of a Real Estate Transaction in New York

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

    16 Jul 2015 | 8:09 am
    Many of our clients are landlords who own only one property, such as a single or multi-family house or an apartment. Although they may be renting to a tenant, it is not their primary business or livelihood. As such, our firm is often asked to assist in removing a tenant due to a default under the lease, or due to the expiration of the lease in question. As discussed in a prior blog post, a Court proceeding is necessary in order to gain legal authority to evict a tenant. The legal document allowing an eviction to occur is known as a warrant or warrant of eviction. It is similar to a judgment,…
  • Happy 4th of July

    2 Jul 2015 | 3:18 pm
  • Rent Regulation in New York - The Newest Provisions

    25 Jun 2015 | 1:16 pm
    A recent article in the New York Times describes a tentative deal in Albany to extend the rent regulation laws in New York. Rent regulation in New York exists not only in New York City, but also in other large cities, such as Yonkers and White Plains. To speak generally, rent regulations usually restrict the amount of rent that a landlord can charge for an apartment. In addition, tenants are usually legally entitled to a one or two year lease renewal, subject to certain restrictions. Landlords are permitted to raise the rent a certain percentage per year, subject to an overall threshold of…
  • Adverse Possession: The Fundamental Elements have Changed in New York

    17 Jun 2015 | 8:28 am
    One of this author's first lessons in Property Law class involved the concept of adverse possession. Under this legal principle, one party may acquire title to the property belonging to another. In New York, the elements required to establish adverse possession in the governing statute have been modified after 2008. Prior to 2008, the following items had to be proven in order to establish the right to acquire title through adverse possession: hostile/adverse with claim of right/title (meaning that the possessor must believe that he owns the property); actual (an act on the part of the…
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    Wisconsin Probate & Estate Planning Blog

  • Long-Term Care Planning, Part 2

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

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

    Krause Donovan Estate Law Partners
    9 Jul 2015 | 11:30 am
    The Final Step in the Estate Planning Process – A Family Meeting Possibly one of the most difficult steps in the estate planning process is the final step – to have a family meeting to discuss your wishes and instructions. Your attorney has advised you on what estate documents you need to accomplish your goals and you have executed those documents; however, your family needs to understand your wishes to avoid problems after your death or incapacitation. Having a revocable living trust, irrevocable trust, business succession plan, will, living will and/or a power of attorney are only the…
  • Independence Day 2015

    Krause Donovan Estate Law Partners
    4 Jul 2015 | 4:00 am
    This July 4th, the U.S. will celebrate its 239th Independence Day! On July 2, 1776, the Continental Congress voted in favor of independence. Two days later on July 4, its delegates adopted the Declaration of Independence, drafted by Thomas Jefferson, and declared the 13 American colonies independent states and no longer a part of the British Empire. Check out the infographic for some fun facts to help mark the holiday! How will you be celebrating this Fourth of July?
  • Leaving Assets to Minor Children

    Krause Donovan Estate Law Partners
    28 Jun 2015 | 11:48 am
    Minor Children as Beneficiaries No parent wants to think about leaving their minor children behind in the event of a tragedy; however, because terrible things do happen, it is better to be prepared. Estate planning ensures that your children will be taken care of in the event of your death. Estate planning also ensures that you are in control of the decisions regarding your child’s future. If you fail to plan, a stranger, who does not know anything about your children, will make the decision for you. Naming a legal guardian is not sufficient to handle the financial aspect of an inheritance.
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    San Diego Divorce Lawyer Blog

  • California Supreme Court Reviews Community Property Statute in Divorce Case

    28 Jul 2015 | 9:15 am
    California law clearly provides that community property is to be divided between the spouses in divorce. Community property is further identified as assets and debts acquired during the length of the marriage, with some exceptions. But despite the law's seeming clarity, questions arise as to the intent and meaning of certain family code provisions relating to property division. When this happens, courts are often asked to step in and interpret the language in order to give full effect to the legislative purpose. It is important to fully understand how these provisions may affect your divorce…
  • California Court Upholds Prenuptial Agreement in Divorce Proceeding

    21 Jul 2015 | 11:15 am
    The division of community property in divorce can be a tedious and contentious process. The parties must identify, characterize, and place a value on all assets that may be subject to division. To avoid this task, couples often choose to prepare a prenuptial agreement in advance of the marriage, a document that sets out how any existing and future assets will be treated should the couple get divorced. Alternatively known as an "ante-nuptial agreement," this document also allows the parties to preserve their separate interests in certain assets. It is not uncommon for one party or the other to…
  • Judge Sends Siblings to Juvenile Detention Center for Refusing to Have Lunch With Father

    14 Jul 2015 | 11:32 am
    A court-issued child custody order typically includes a determination of legal and physical custody, as well as the amount and type of visitation. Under California law, courts will endeavor to craft an arrangement that serves the best interests of the child. Some of the items a court will look at include the child's age and health, the relationship between the parents and child, each parent's ability to care for the child, any history of substance abuse or family violence, and the child's connection to home, school, and the community. Custody and visitation are two of the most important…
  • California Court Upholds Decision to Set Aside Divorce Judgment

    7 Jul 2015 | 10:17 am
    California law sets forth certain grounds on which parties may petition a court to set aside a divorce judgment. These grounds include actual fraud, perjury, duress, mental incapacity, mistake of law or fact, and the failure to comply with statutory disclosure requirements. The law also grants courts the discretion to determine whether one party or the other has presented sufficient evidence to set aside a judgment. In most divorce cases, spouses feel some relief when the court issues the final judgment. But in some cases, one spouse may find legitimate grounds to set aside the decision. No…
  • California Court Reviews State Laws Affecting "Transmutation" of Separate Property in Divorce

    23 Jun 2015 | 9:40 am
    Every state in the country enacts its own laws governing marriage and divorce. Many people know that California is a "community property" state, which means that most assets and debts acquired during the marriage are subject to division between the spouses in divorce. Identifying and characterizing such property can have wide-ranging effects on the relative financial positions of the divorcing parties. For this reason, spouses often dispute the character of various assets when it comes time to dividing up marital property. If you make the decision to divorce, it is extremely important to…
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    Maritime & Cruise Ship Accident Lawyer Blog

  • Cruise Ship Injuries Can Happen Any Time

    Gerson &#38; Schwartz, P.A.
    28 Jul 2015 | 8:36 am
    Cruise ship accidents can happen anytime, anywhere, without any prior warning whatsoever. Take, for example, the recent incident involving the Royal Winner Princess II party cruise ship, which hit the Carolina Beach Wildlife Fishing Pier on July 11, 2015 injuring 15 passengers on board. At least two passengers had to be taken off in stretchers under emergency circumstances with neck braces. In spite of all the modern scientific technological advancements, human error accounts for more than eighty percent of cruise ship accidents, according to official reports from the U.S. Coast Guard. Loss…
  • Understanding the Jones Act and Your Legal Rights if Injured at Sea

    Gerson &#38; Schwartz, P.A.
    20 Jul 2015 | 7:50 am
    The Merchant Marine Act of 1920, popularly dubbed as the Jones Act, is a federal law that aims to protect the rights of seamen in cases of on-board accidents or death. Pursuant to the Jones Act, compensation can be claimed by a workman employed on a marine vessel when an injury is brought upon by the careless act of an employer or co-worker in the course of his or her employment. Vessel owners can likewise be liable if an injury takes place owing to the dangerous conditions on the ship. Our team of experienced Miami maritime lawyers understand the Jones Act and want to ensure any injured…
  • What You Need to Know if You are in a Boat Incident in Florida

    Gerson &#38; Schwartz, P.A.
    14 Jul 2015 | 8:08 am
    In 2013, there were 736 reported boating accidents in the state of Florida and over 60 of those accidents resulted in at least one death, according to the Florida Fish and Wildlife Conservation Commission. Furthermore, over 400 people suffered injuries in those 736 boat accidents. This is quite troubling to our team of Miami maritime lawyers. We want everyone to enjoy safe and memorable boating trips. You may be asking yourself, “Why do so many accidents occur in Florida waters?” To be fair, Florida leads the nation in the total number of registered boats with nearly 900,000 on the books.
  • Three Reasons to Hire a Cruise Ship Accident Lawyer

    Gerson &#38; Schwartz, P.A.
    6 Jul 2015 | 6:49 am
    Almost 270 people had their dreams turned into a nightmare in a fraction of a second when the 286-foot cruise ship Saint Laurent struck a wall in a river lock in the Saint Lawrence Seaway in northern New York. The ship, which was full of tourists, was headed from Montreal to Toronto when it slammed into an approach wall bumper and started taking on water, injuring 19 passengers and 3 crew members, according to the official report of the U.S. Coast Guard. Our team of Miami personal injury attorneys sincerely hope that the passengers and crew members make a speedy recovery after this awful…
  • More Details Revealed About Horrific Cruise Ship Attack

    Gerson &#38; Schwartz, P.A.
    22 Jun 2015 | 4:13 pm
    A lawsuit based in maritime has been filed in the brutal beating of a cruise passenger that we mentioned on our blog a few weeks ago. With the filing of the lawsuit, the victim’s attorney has revealed the carelessness of the cruise line that contributed to the vicious attack. Our Florida maritime law firm is monitoring the case closely. The Horrific Attack The case stems from a  Holland America cruise ship passenger was brutally beaten by a Holland America employee, who apparently had a master key and used it to gain entry into the victim’s cabin. The employee tried to strangle the woman…
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    The EmpLAWyerologist

  • Introducing the New and Improved DOL Guidance on Worker Classification…

    30 Jul 2015 | 11:51 am
    Everyone’s talking about the United States Department of Labor’s new Administrative Interpretation regarding misclassification of workers as independent contractors (IC’s) rather than as employees. OK, maybe not everybody, but lots of people who care about this issue certainly are. I’ve written about the misclassification issue here, here, here and here. The Administrative Interpretation –technically– does not change anything. The law (the Fair Labor Standards Act)is the same. Why then, should we care about this Administrative Interpretation? The name…
  • Obergefell v Hodges — How Much Does It Really Change for Employers??

    23 Jul 2015 | 4:00 am
    I’ve blogged here and here about the impact of Obergefell v Hodges on certain state-regulated benefits and on family leave laws. (This is the case in which the U.S. Supreme Court ruled that states must allow and recognize same-sex marriages.) Now, don’t get me wrong. Those are potentially significant changes. Beyond that, however, does Obergefell really mean a change for employers–and does it matter? To answer that we would have to look relevant employment law issues in light of what the Supreme Court’s ruling actually says. The EmpLAWyerologist will attempt exactly…
  • How Obergefell v Hodges Impacts Employee Leave Laws

    16 Jul 2015 | 4:00 am
    Last week at The EmpLAWyerologist, we took our first look at Obergefell v Hodges, the Supreme Court’s ruling that the Constitution requires recognition of same-sex marriages. Specifically we looked at its impact on employee benefits (Click here if you missed that post.) Obergefell affects other employment-related issues though. This week, we will focus on how Obergefell affects laws and policies regarding family and medical leave–after the jump of course… Let’s first briefly review some FMLA basics: Employers with 50 or more employees (either in one location or in…
  • SCOTUS’ Gay Marriage Ruling and Its Impact on Employee Benefits

    9 Jul 2015 | 4:00 am
    June 26, 2015. From that day on, same-sex marriage has and will have the same recognition and protection as marriage between opposite-sex partners. While not an employment law case, it does have tremendous implications for employers. So we here at The EmpLAWyerologist are going to take a good look. This week we will look specifically at the impact on employee benefits plans. Ready to get started? Join The EmpLAWyerologist after the jump… I am not going to discuss the reasoning behind the actual ruling. There are plenty of other articles or posts you can read if you want that…
  • What OSHA Has to Say About Restroom Access for Transgenders

    2 Jul 2015 | 4:00 am
    We’ve talked about the rights of transgenders in the workplace before — specifically here, here, here. here and here. There is one thing we did not cover, however–because it’s something most of us probably take for granted: access to restrooms at work. To the surprise of many, the government agency taking up this cause is the Occupational Health and Safety Administration (OSHA). Why OSHA and what would it have to say about transgenders and access to restrooms at work? Find out by joining The EmpLAWyerologist after the jump… Just over a month ago, the…
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    South Florida Criminal Attorneys Blog

  • Principal Defendant’s Wife in Grand Theft Fraud sentenced to nearly 5 years

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

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

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

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

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

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

    14 Jul 2015 | 8:02 am
    On April 25, 2015, a devastating earthquake hit the country of Nepal, killing 9,000 people and injuring an estimated 23,000 more. Hundreds of thousands of Nepalis have been rendered homeless and jobless as the country seeks to rebuild itself in the aftermath of this tragedy. The United States has offered temporary immigration aid to Nepalis who are currently in the U.S. but cannot return to Nepal because their homes are destroyed. This relief is called Temporary Protected Status (TPS), and it will allow qualifying Nepalese nationals to remain in the U.S. and obtain work authorization. By…
  • University of California Students to Track the Economic Benefits Provided by DACA Recipients

    14 Jul 2015 | 7:58 am
    In June 2012, President Obama announced that his administration would be implementing the groundbreaking Deferred Action for Childhood Arrivals policy, commonly referred to as DACA. DACA provides employment authorization and the temporary suspension of deportation proceedings to qualifying foreign nationals who were brought to the U.S. as children. U.S. Citizenship and Immigration Services (USCIS) estimate that more than half a million foreign nationals have received DACA employment authorization. One recipient, Mr. Francisco Lopez-Flores, is working to show the U.S. government and the public…
  • California Offers Its Own Brand of Immigration Reform

    14 Jul 2015 | 7:57 am
    Since the summer of 2012, the members of Congress have been unable to come to an agreement on nearly anything related to comprehensive immigration reform. While the nation as a whole continues to wait for the federal government to get its act together, a number of states have decided to take matters into their own hands and pass immigration policies that have greatly benefited their respective communities and economies. In particular, the state of California has made efforts to encourage the integration of foreign nationals through a number of laws that are collectively referred to as the…
  • Judge Rules Deported Mother and Daughter Must Return to the United States

    24 Jun 2015 | 8:00 am
    Recently, two Guatemalan nationals, 34-year-old Ana and her 12-year-old daughter, were deported from the United States. According to reports, they were awoken very early in the morning and relocated from their temporary holding in Berks County Residential Center to an airplane bound for Guatemala. However, the Third Circuit Court of Appeals has ordered immigration officials to intercept the two women when they reach Guatemala City and to return them to the United States as soon as possible. Ana and her daughter's story is a unique one in the immigration world, where the vast majority of the…
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    Palo Alto Estate Planning Blog

  • How to Give Your Kids Money Now That They Can’t Use Until Later

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

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

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

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

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

  • Are Employees Entitled To Pay For On-Call Time?

    28 Jul 2015 | 4:56 am
    The Fair Labor Standards Act ("FLSA") is the law that governs employee's pay including minimum wage and overtime. One question that frequently arises is whether under the FLSA, an employee is entitled to meal or rest breaks and the answer is "no." However, employers typically offer these breaks to its employees and the FLSA governs whether and how the time spent on these breaks is considered work time. Short breaks of less than 20 minutes are compensable and count as work time towards calculating pay. Additionally, federal law states that while longer breaks are not counted towards overtime,…
  • Overtime Lawsuit Filed Against Staffing Company

    26 Jul 2015 | 5:36 am
    In April, 2015, Martin & Martin filed a lawsuit against a nursing staffing company alleging that the company did not properly pay its staffing coordinators. The employees allege that as staffing coordinators they were required to work on-call hours filling open shifts and ensuring appropriate coverage of clients. The Complaint alleges that the staffing coordinators worked at least forty hours per week at the office Monday through Friday and then were required to handle on-call shifts covering after hours during the week and all day and night during the weekends responding to calls regarding…
  • The Overtime Primary Duty Test For The Administrative Exemption Under The Fair Labor Standards Act

    24 Jul 2015 | 4:58 am
    Under the Fair Labor Standards Act ("FLSA"), to establish that an employee is subject to the administrative exemption, which is narrowly construed against the employer and in favor of the presumption that the employee is entitled to overtime, a defendant-employer must show that: (1) the employee is compensated on a salary or fee basis of at least $455 per week; (2) whose primary duty is "the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer's customers;" and (3) whose primary duty includes the "exercise…
  • Are You an Independent Contractor or an Employee?

    21 Jul 2015 | 4:59 am
    A heavily litigated aspect of the overtime and minimum wage laws under the Fair Labor Standards Act ("FLSA") is whether individuals are incorrectly classified as independent contractors instead of employees. If the individuals are, in fact, employees then they are entitled to minimum wage and overtime pay at a rate of time and one-half. The FLSA defines "employee" as "any individual employed by an employer," and stipulates that an entity "employs" someone if it "suffers or permits [the individual] to work." 29 U.S.C. § 203(e) (1). To determine whether an individual is a protected employee or…
  • Overtime Lawsuit Filed Against Adams Tile & Terrazzo, Inc. and its Owners for Failure to Pay Overtime to Their Floor Installers

    19 Jul 2015 | 5:24 am
    On February 23, 2015, the firm Martin & Martin filed a collective/class action against Athens, Georgia based company Adams Tile & Terrazzo, Inc. and its owners Reuben Adams and Scott Adams. The Complaint alleges that the company's floor installers were required to work more than forty hours per week and were not paid at a rate of one and one-half times their regular rate. The Complaint states that the company would assign a group of workers to a particular project and the workers traveled to the customer's location and installed the flooring. Jobs typically ranged from between five to seven…
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    Florida Tax Lawyer Blog

  • E-Cigs: How Should They Be Taxed?

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

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

    15 Jul 2015 | 3:06 pm
    As the internet becomes essential to our everyday lives, states are consistently inconsistent in their attempt to tax cloud computing systems. Cloud computing is "the practice of using a network of remote servers hosted on the Internet to store, manage, and process data, rather than a local server or a personal computer." Essentially, the term "Cloud" is a metaphor for the internet. Cloud computing allows the user to access data over the internet without storing data on a hard drive. In fact, most internet users rely on these cloud computing systems as an essential tool in their everyday…
  • State Agency Requests Records - Just Say No!

    22 Jun 2015 | 1:03 pm
    In just another case where the Department of Business and Profession Regulation ("DBPR") attempts to be larger than the law, a Recommended Order was issued on May 29th, 2015, stopping DBPR in its tracks. In Thompson Cigars, Case No: 14-3471, Judge Alexander agreed with the taxpayer, that DBPR's inspection authority is not as broad as it thought it was. However shocking it may be to DBPR, Judge Alexander agreed with the taxpayer on both counts raised in this case. The Administrative Complaint, filed by DBPR, alleges that Thompson Cigars, Respondent: (a) failed to produce records of tobacco…
  • FL Tax Litigation Alert - McLane Takes on Division To Take Down Tobacco Taxes

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

  • Regulation A+ Lawyers – Sponsoring Market Maker Attys

    Brenda Hamilton, Securities and Going Public Lawyer
    24 Jul 2015 | 6:18 am
    Going Public Lawyer  Do I Need A Sponsoring Market Maker To Get A Ticker After My Regulation A+ Offering Is Qualified? Regulation A+’s new rules provide investors with more investment choices and issuers with more capital raising options during their going public transactions. Some confusion has arisen about whether SEC qualification of a Regulation A+ offering will result in the assignment of a stock ticker or... Read MoreGoing Public Lawyer
  • Oppenheimer Employees Settle Penny Stock Charges

    Brenda Hamilton, Securities and Going Public Lawyer
    23 Jul 2015 | 1:48 pm
    Going Public LawyerOn July 23, 2015, the Securities and Exchange Commission (SEC) announced that three former employees of Oppenheimer & Co. Inc. have agreed to settle charges stemming from the unregistered sales of billions of shares of penny stocks on behalf of a customer.  The actions involve a portion of the conduct announced in January in a settled enforcement action against Oppenheimer in... Read MoreGoing Public Lawyer
  • Regulation A+ Primer – Going Public Attorneys

    Brenda Hamilton, Securities and Going Public Lawyer
    22 Jul 2015 | 3:25 am
    Going Public LawyerOn March 25, 2015, the Securities and Exchange Commission adopted final rules amending Regulation A. The new rules are often referred to as Regulation A+. These rules are designed to facilitate smaller companies’ access to capital.  Regulation A+’s new rules provide investors with more investment choices and issuers with more capital raising options during their going public transactions. The rules adopting Regulation A+ are mandated by... Read MoreGoing Public Lawyer
  • Regulation A+ Attorneys – Avoid Reverse Mergers

    Brenda Hamilton, Securities and Going Public Lawyer
    21 Jul 2015 | 9:00 pm
    Going Public LawyerHow To Use Regulation A+ To Go Public Without A Reverse Merger On March 25, 2015, the Securities and Exchange Commission (the “SEC”) adopted amendments to Regulation A pursuant to the mandate of Section 401(a) of the JOBS Act.  The amended rules known as Amended A+ were adopted to facilitate capital-raising by smaller companies. Regulation A+ expands existing Regulation A.  Regulation A+ offerings can be used in combination with direct public offerings and initial... Read MoreGoing Public Lawyer
  • Regulation A+ Adds Two New Bad Actor Disqualification Triggers

    Brenda Hamilton, Securities and Going Public Lawyer
    20 Jul 2015 | 9:00 pm
    Going Public LawyerThe final Regulation A+ rules amend Rule 262 to include bad actor disqualification provisions as adopted under Rule 506(d) of Regulation D.  Consistent with the disqualification provisions of Rule 506(d), the final rules add two additional disqualification triggers to those existing in Regulation A. The two new disqualification triggers are Securities & Exchange Commission cease-and-desist orders for violations of scienter-based... Read MoreGoing Public Lawyer
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    Employment News

  • Top 3 Wage and Hour Violations: Is Your Employer Liable?

    28 Jul 2015 | 7:17 am
    Minnesota and federal wage and hour laws regulate overtime, minimum wage, pay deductions, and classification of employees. Regardless of the size of the company or the industry, all employers must comply with wage and hour laws. Violations could result in significant payouts to employees and classes of employees. Read more about Top 3 Wage and Hour Violations: Is Your Employer Liable?
  • 2014 EEOC Summary and Increased Rates of Retaliation

    24 May 2015 | 3:18 pm
    The Equal Employment Opportunity Commission (EEOC) recently published its data and summary of legal action taken during the 2014 legal year, including details regarding the nearly 88,000 charges of workplace discrimination. According to the reports, the percentage of charges alleging retaliation has reached their highest amount in history at 42.8 percent. Read more about 2014 EEOC Summary and Increased Rates of Retaliation
  • Flowers Class Action Featured in Maine Business Journal, Lewiston Sun Journal

    13 Apr 2015 | 10:00 pm
    Following a March 24th ruling by the U.S. District Court for the Western District of North Carolina to certify a class of employees of Flowers Foods, Inc., allowing for the lawsuit to proceed as a class action litigation, the company announced their intent to appeal the decision in an article with Mainebiz, Maine’s business news source.Read more about Flowers Class Action Featured in Maine Business Journal, Lewiston Sun Journal
  • Flowers Foods Distributors Win Class Certification

    24 Mar 2015 | 2:20 pm
    Current and former bakery distributors for Flowers Baking Company of Jamestown recently won class certification in the Flowers Foods FLSA Litigation. Rehberg et al v. Flowers Foods, Inc. et al is a collective and class action lawsuit brought on behalf of a class of individuals who operate or operated as fresh bakery product distributors for Defendants Flowers Foods, Inc. and Flowers Baking Co. of Jamestown, LLC.Read more about Flowers Foods Distributors Win Class Certification
  • Misclassification of Managers and Assistant Managers

    17 Mar 2015 | 7:26 am
    If you were given a “promotion” to an “assistant manager” or “manager” position, but have also lost your access to overtime despite increased hours, it is important to have a clear understanding of your rights and potential losses. The practice of misclassification of exempt employees has been widespread in the retail, service, hospitality, and restaurant industries. Under the Fair Labor Standards Act, all employees are entitled to minimum wage plus one and one-half times regular pay rate for any hours over 40 in a given work week. Read more about Misclassification of Managers…
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    Dallas Justice » Criminal Law Blog

  • 4 Shocking Texas Traffic Stops: Current Texas Law For Arrest After Pulled Over by Police

    Michael Lowe
    29 Jul 2015 | 2:26 pm
    Here in Dallas, and probably most of Texas, the death of Sandra Bland in a jail cell over in Waller County is a tragedy and a mystery — one that is still being investigated. It’s being reported that the 28-year-old woman from Chicago died by her own hand three days after she was arrested and jailed. 1. Sandra Bland Traffic Stop The big question for everyone is why Sandra Bland was ever arrested in the first place. The DPS video from the police car dashcam is here if you want to see it (again, probably, it’s been widely circulated).   The complete transcript of the exchange…
  • Heroin Moves Through Dallas: Drug Cartel Distribution Routes

    Michael Lowe
    22 Jul 2015 | 12:10 pm
    This week, there was a lot of news coverage over a big FBI sting where 46 federal indictments were issued across the country, charging people with smuggling drugs like heroin and cocaine on planes. Some got charged with other things, too, like money laundering — but the big deal here in Dallas was that most of the people who were arrested were from here. That’s right: people who lived here in the Dallas – Fort Worth metroplex, who worked at the airlines here, were skipping around TSA security (Transportation Security Administration) with their official airline I.D. tags to get…
  • Five Big Changes in Texas Criminal Laws

    Michael Lowe
    15 Jul 2015 | 11:14 am
    For Texas lawmakers, it’s all done now — the 2015 Legislative Session is finished, and for all of us Texans, now we deal with what happened down in Austin this year as the dust settles. The Texas Tribune has compiled a complete list of the new laws, civil and criminal, into an online list if you want to read through all of them. 5 Big Changes in Texas Criminal Laws There were some big criminal law changes this year, which everyone needs to know about (including when they take effect) and there were some reforms that didn’t make it into law. Maybe next time. Here are some of the new laws…
  • Texas Shale Oil Fraud Felony Cases: Illegal Investment Ponzi Schemes?

    Michael Lowe
    8 Jul 2015 | 11:26 am
    Recently, a Dallas investment scheme orchestrated by Brian Polito and his company EOG Resources got snagged by the federal authorities, with the Securities and Exchange Commission (”SEC”) filing suit here in a Texas federal district court alleging Polito had conned millions of dollars from his investors through the sale of interests in Texas oil and gas wells and oil futures. The US Attorney also filed criminal charges against Polito, and a plea deal was soon made on the felony charges. Prediction: Texas Fracking Industry Will End Up in Felony Arrests For details, check out our post on…
  • Drug Cartels in North Texas: Big Business and Felony Crimes

    Michael Lowe
    1 Jul 2015 | 3:57 pm
    In Dallas and Fort Worth, as well as the surrounding area here in North Texas, illegal drugs are a big (very big) business. Criminal defense lawyers here as well as police and prosecutors in both the state and federal systems understand in ways that the general public does not about the commercial success of selling both prescription pain medication (Oxycodone, etc.) as well as illegal substances including heroin, cocaine, and methamphetamine here, as well as transporting and distributing these products from or through Dallas / Fort Worth to other markets around the country.   To Drug…
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  • This is a test post: Explained! What happens if it takes up two lines?

    Kyle Smith
    4 Jul 2015 | 7:47 pm
    This might make a good subtitle area. Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore […] The post This is a test post: Explained! What happens if it takes up two lines? appeared first on .
  • New Site Coming Soon

    Kyle Smith
    26 Jun 2015 | 4:30 am
    Earlier today I transferred my domain to a new hosting provider. I am in the process of having a new website developed, which I expect to be launched before the end of July 2015. If you need to reach me until that time, please feel free to contact me: Kyle D. Smith Attorney at Law […] The post New Site Coming Soon appeared first on .
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    South Florida Personal Injury Lawyers Blog

  • Appeals Court Finds Medical Malpractice Pre-Suit Notice Statutes Do Not Violate Florida Constitution

    Friedman, Rodman &#38; Frank, P.A.
    31 Jul 2015 | 7:16 am
    In Weaver v. Myers, a Florida woman filed a medical malpractice lawsuit against a physician following the death of a loved one without first complying with the pre-suit notice requirements enumerated in Sections 766.106 and 766.1065 of the Florida Statutes. According to the woman, certain 2013 amendments to the law violated the federal Health Insurance Portability and Accountability Act (“HIPAA”) and the Florida Constitution. After both parties filed a motion for summary judgment, the trial court found that the amendments at issue were constitutional and were not preempted by the federal…
  • Lakeland Appeals Court Rules Car Accident Defendant Entitled to Legal Fees After Plaintiff Rejects Settlement Offer

    Friedman, Rodman &#38; Frank, P.A.
    24 Jul 2015 | 9:41 am
    In Miley v. Nash, a woman was injured in a Florida automobile collision. Following the accident, the woman filed a personal injury lawsuit against the driver who allegedly caused the crash and the owner of the vehicle in a Florida Court. In addition, her spouse sought damages for his loss of consortium. Prior to trial, the defendants made a settlement offer of more than $58,000 to the woman. The offer required the woman to dismiss all of her claims against both defendants and pay her own legal fees. Although the offer did not address her husband’s loss of consortium cause of action, he…
  • Pensacola Court Considers Proposed Evidence in Florida Semi-Truck Accident Case

    Friedman, Rodman &#38; Frank, P.A.
    23 Jul 2015 | 7:15 am
    In Bryan v. Whitfield, a Florida man apparently suffered a traumatic brain injury in a car accident that occurred on Interstate 10 in Santa Rosa County. More than two years after the collision occurred, the man filed a personal injury lawsuit against a tractor-trailer driver and his employer in the Northern District of Florida. According to the injured man’s complaint, the semi-truck driver committed negligence when he struck another car from behind and caused the multi-vehicle crash in which the man was hurt. Following the collision, the company that owned the big rig admitted the driver…
  • Summary Judgment Upheld in South Florida Premises Liability Case

    Friedman, Rodman &#38; Frank, P.A.
    16 Jul 2015 | 9:43 am
    In an unpublished opinion, the 11th Circuit Court of Appeals affirmed an order granting summary judgment to a department store in a premises liability case. According to his complaint, a man supposedly injured his right eye when he walked into a clothing rack that was protruding into an aisle at a South Florida department store in late 2011. The man apparently struck the rack with enough force to fall backwards and hit his head. After his fall, store workers reportedly escorted the man to a customer service area, where a guest incident form was completed. In addition, one of the employees…
  • South Florida Court Dismisses Jones Act Case for Lack of Jurisdiction

    Friedman, Rodman &#38; Frank, P.A.
    14 Jul 2015 | 9:03 am
    In Tarasewicz v. Royal Caribbean Cruises Ltd., a welder and pipefitter who was a Polish national suffered an ischemic stroke while working aboard a cruise ship off the coast of Florida. Although the man was apparently misdiagnosed initially, he was later removed from the ship and treated at a Fort Lauderdale hospital. Less than two years later, the man and his wife filed a lawsuit against the owner of the vessel, the ship’s captain, and others in the Southern District of Florida. According to the couple’s complaint, the Polish man suffered the stroke as a direct result of the unsafe…
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    Massachusetts Social Security Disability Lawyers Blog

  • A Closer Look at Alleged Social Security Disability Fraud

    Law Offices of Jeffrey S. Glassman
    25 Jul 2015 | 7:19 am
    Aside from the budget crisis facing the Social Security program next year, one of the recurring themes is that many beneficiaries currently receiving Social Security Disability Insurance (SSDI) benefits are basically gaming the system and collecting a check when they really could be working. This criticism is often made along with assertions that Congress should not fix the 20 percent budget hit facing the program late in 2016. According to a recent news feature from The Economist Populist, statistics show that 99.8 percent of ally Social Security disability payments were free from any…
  • More Politics Over Fate of Social Security Disability Program

    Law Offices of Jeffrey S. Glassman
    22 Jul 2015 | 7:15 am
    With the presidential election drawing closer, Republican candidates have ramped up their number of comments about what do to fix the program. While the candidates appear resolute in their vows not to fund the program in the near future, Congress recently passed a resolution making it more difficult to shift funds from the Social Security retirement fund to the Social Security disability fund. A recent news feature in the Huffington Post looks at how the Republican Party will have to do “something” with respect to the impending budgetary crisis involving the disability program, even…
  • White House Urges Congress to Fund Social Security Disability Program

    Law Offices of Jeffrey S. Glassman
    18 Jul 2015 | 7:12 am
    The candidates for the Republican presidential nomination have been making big headlines for the past several months talking about the problems with the Social Security disability benefits fund and how it is running out of money. While the candidates are not suggesting any specific plan for fixing the situation, they say a major overhaul is needed before agreeing to allocate additional funding to the program. As our Boston Social Security Disability Insurance (SSDI) benefits attorneys can explain, this may offer hope for those in the future if a change is done appropriately, but it will not…
  • Appealing a Social Security Disability Benefits Denial

    Law Offices of Jeffrey S. Glassman
    15 Jul 2015 | 8:18 am
    Applying for Social Security Disability Insurance (SSDI) benefits without the help of an experienced attorney can be one of the most frustrating processes you can imagine. A recent article from the Bradenton Herald takes a closer look at the application and appeals process by asking a series of frequently asked questions and providing the answers. However, the United States Social Security Administration (SSA), which is the federal agency responsible for overseeing the disability program, provided the answers, and, as our Boston disability benefits attorneys can explain, the agency has many…
  • Number of Americans on Social Security Disability Benefits Increasing

    Law Offices of Jeffrey S. Glassman
    13 Jul 2015 | 8:16 am
    According to a recent news feature from Forbes, the media focus on the Social Security Disability Insurance (SSDI) and the United States Social Security Agency (SSA), which oversees the disability benefits program, is nothing new. In 2013, NPR ran a series explaining how the number of Americans collecting disability benefits was increasing and showed the SSDI program as being outdated and mismanaged. It also implied many of the people collecting Social Security disability benefits were exaggerating their illnesses or other disability to get benefits to which they were not rightfully entitled.
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    Austin Immigration Lawyer Blog

  • Removal Proceedings and the Violence Against Women Act

    Lyttle Law Firm, PLLC
    30 Jul 2015 | 8:42 am
    Immigrants who are facing removal proceedings could attempt to dodge deportation by invoking certain rights. One way for removal proceedings to be held in abeyance would be for a petitioner to invoke the Violence Against Women Act. Under the Violence Against Women Act, battered immigrants could petition for legal status without having to rely on their abusive U.S. spouse or relative to sponsor their Adjustment of Status applications. In spite of the label, the Violence Against Women Act is not exclusively limited to women. Men who have abusive spouses could also petition for legal resident…
  • Petitioning for Permanent Legal Status through an I-30 Visa

    Lyttle Law Firm, PLLC
    27 Jul 2015 | 3:24 am
    Undocumented immigrants residing in the United States face difficult prospects if they are unable to adjust their status into that of a permanent legal resident. Some immigrants resort to attain permanent legal status by filing an I-30 visa petition. An I-30 visa petition or a petition for alien relative allows a United States citizen to establish their relationship with specific alien relatives who intend to immigrate to the U.S. One possible way that an immigrant can file an I-30 visa petition is to marry a U.S. resident. However, this move does not guarantee a smooth path to obtaining a…
  • Federal Lawsuit Filed by Texas Immigrants in Response to Controversial Policy

    Lyttle Law Firm, PLLC
    17 Jul 2015 | 5:41 am
    Undocumented immigrants residing in the United States have had to deal with a number of issues. The stance of U.S. authorities when it comes to immigration policy is a source of frustration for immigrants. Recently, immigrants in Texas are voicing out their frustrations with a policy that is effectively preventing their U.S. born offspring from gaining birth certificated. Under the 14th amendment, children who are born on U.S. soil qualify for citizenship status. Now, thanks to a policy that prevents these children from acquiring their birth certificates, the path to citizenship and the…
  • ICE Ends Controversial Detention Practices by Releasing Immigrant Families

    Lyttle Law Firm, PLLC
    17 Jul 2015 | 5:30 am
    Undocumented immigrants who are caught in the thick of removal proceedings have to deal with a number of challenges. Recently, immigration authorities have had to deal with flak from immigrant supporters. The controversy stems from the practice of detaining immigrant families in detention centers. The family detention centers are located in Berks County, Pa., and Karnes City and Dilly, Texas. Various claims have been made about the treatment that immigrants receive from authorities while they are being detained. Reports involving suicide attempts by immigrants under lockup have added fueled…
  • Immigrants Grapple With Safety and Deportation Concerns after Recent San Francisco Killing

    Lyttle Law Firm, PLLC
    16 Jul 2015 | 6:15 am
    In the United States, there are a number of issues that surround the topic of immigration. Undocumented immigrants constantly worry about scenarios that involve removal proceedings. Lately, the anxiety levels of the immigrant community in the United States have spiked. One of the forces that influence this growing sense of anxiety is the perceived negative portrayal of immigrants in the media. Criminal incidents that involve immigrants do nothing to improve the plight of the greater U.S. immigrant community. Recently, an incident involving an undocumented immigrant in San Francisco has…
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    Health Care Law Blog


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

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

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

    Lee H. Little
    11 Jun 2015 | 3:00 am
    In the wake of the Affordable Care Act (ACA), healthcare costs continue to rise both for the average American family and for their employers sponsoring healthcare plans. According to a recent article in the Insurance Journal, healthcare costs for the typical American family of four will increase by $1,456 this year, or 6.3% over last year’s costs. Total healthcare costs for this family are projected at $24,671, with the employer paying $14,198 of those costs and families paying the remainder. Our Atlanta and Augusta Healthcare and Employment law firm sees these numbers as a continuing trend…
  • Neurosurgeon Pleads Guilty to Healthcare Fraud

    Kevin S. Little
    3 Jun 2015 | 3:00 am
    Large financial recoveries are often seen as the principal motivation for the government’s unrelenting efforts to combat healthcare fraud. Perhaps a more important objective of the government’s efforts to combat healthcare fraud, however, is protecting patient safety. Chronic overutilization of healthcare, driven by a fee-for-service system with patient cost covered by a third-party payer (public or private), is not just a financial problem, it is a public health problem. The DOJ’s announcement on May 22, 2015, of a guilty plea by a Detroit Neurosurgeon is a strong example. Atlanta and…
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    Pleasanton Business & Commercial Law Blog

  • California Water Restrictions Conflict with Homeowners' Association Rules Regarding Lawns

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

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

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

    15 Jun 2015 | 4:12 pm
    A California business is facing allegations of invasion of privacy, wrongful termination, and other claims in a lawsuit brought by a former employee. Arias v. Intermex Wire Transfer, LLC, et al., No. _____, complaint (Cal. Super. Ct., Bakersfield Co., May 5, 2015). The plaintiff alleges that the company fired her after she deleted an app from her phone that allowed her supervisor to track her movements at all hours. Employers clearly have an interest in keeping tabs on their employees in some circumstances. How far may an employer go, though? The case raises important questions about the…
  • U.S. Supreme Court Will Review Ninth Circuit Decision Involving Consumers' Standing to Sue Without Evidence of Financial Harm

    29 May 2015 | 11:35 am
    The U.S. Supreme Court has agreed to hear the appeal of a Ninth Circuit Court of Appeals ruling that held that a plaintiff has standing to sue under a federal consumer protection statute, despite presenting no evidence of direct financial injury. The question presented to the court in Spokeo, Inc. v. Robins is whether a statute can authorize a private right of action when the only alleged injury is a violation of the plaintiff's statutory rights. The case could affect numerous federal statutes and therefore countless American businesses. The court will not hear arguments in the case until the…
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    Spencers Solicitors Blog

  • Doughnut Day for MacMillan Cancer Support

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

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

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

    Spencers Solicitors
    4 Jun 2015 | 6:41 am
    Cosmetic surgery tourism is becoming increasingly common amongst Brits, with figures from showing a 109% increase in UK citizens heading overseas for cosmetic surgery in 2014. However it is not difficult to see why, with the price of cosmetic surgery treatments abroad often far lower than in the UK. Rhinoplasty (a nose job) for example, can cost £3,000 in the UK, but just £1,200 in Poland. For many who choose to undergo such procedures abroad, the lure of combining treatment with a holiday in the sun in countries such as Thailand and Turkey is an added bonus. Yet…
  • Welcoming London's first Motorcycle Safety Action Plan

    Spencers Solicitors
    29 May 2015 | 6:13 am
    London is a wonderful city to travel across on two wheels, and it's hoped that bikers will now be able to beat the traffic more safely, thanks to the recent launch by Transport for London (TfL) of its first Motorcycle Safety Action Plan. Motorcycle safety has always been an issue in the capital, and the action plan has the aim of reducing the numbers of those who are killed or seriously hurt (known as the KSI statistics) by an ambitious 40% by 2020. This plan has been broadly welcomed, and could even be considered as overdue. Motorcycles in city centres are often a popular choice. They can be…
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    White Plains Personal Injury Lawyer Blog


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

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

    Dominick J Robustelli &#38; Associates, PLLC
    20 Jul 2015 | 11:30 am
    In an article in The Journal News on Sunday, June 28, 2015, Bill Cary published an article entitled “Real Estate Market Takes Off”. He points out experts are saying that the multiyear real estate slump is finally over. According to Houlihan Lawrence in the Pelham’s “It’s the best market we’ve had since 2007, both in price and velocity of sales”. In Rockland County the number of home sales is up 16% for the Spring, 2015 vs. 2014. In Putnam County, sales shot up 23% compared to last Spring. Westchester County lags behind with an increase of 6% in sales in 2015. Nationally, sales…

    Dominick J Robustelli &#38; Associates, PLLC
    7 Jul 2015 | 10:57 am
    In an article by Ernie Garcia in The Journal News on Sunday, June 14, 2015, he sets forth the number of dog bites in Westchester, Rockland and Putnam Counties. The headlines reads “1,200 Bites”. Health records show hundreds of attacks of bats, cats and dogs. The law firm of Dominick J. Robustelli & Associates, PLLC has handled hundreds of dog bites/animal attacks in the 39 years that Mr. Robustelli has been practicing law. Most of our dog bite cases involved postal workers. The article points out that a letter carrier in Pearl River, New York was delivering mail on a dead end…

    Dominick J Robustelli &#38; Associates, PLLC
    6 Jul 2015 | 8:47 am
    On April 30, 2015, we blogged about artificial turf fields and lead exposure to children from rubber crumbs in the artificial turf. On Tuesday, June 16, 2015, the Journal News published an article by Swapna Ramaswamy “Going Organic”. The article deals with schools looking to crumb rubber infill alternatives. Many of the parents of high school students, including myself, see pellets all over their homes from artificial fields. These pellets are from used tires used as fill in the artificial turf field. These black pellets expose the user of the field to lead. As a result, parents are…
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    Pinellas County Florida Criminal Lawyer Blog

  • Florida Appeals Court Holds Defendant May Waive the Right to Testify without Waiving Right to Claim of Ineffective Assistance of Counsel Concerning Right to Testify

    Pawuk &#38; Pawuk, P.A.
    16 Jul 2015 | 1:19 pm
    A recent 2d District case affirmed the lower court’s denial of eight of a defendant’s claims, while reversing and remanding for the court to provide the defendant an opportunity to amend another claim. The defendant’s facially insufficient claim concerned his decision not to testify at trial and whether he had waived the right to claim ineffective assistance of counsel concerning that right. In this case, Anthony Riggins was charged with one count of aggravated battery with a firearm and one count of shooting at or into a dwelling. Mr. Riggins presented an alibi defense at trial,…
  • Florida Appeals Court Holds Juvenile Defendant’s Mere Presence at the Scene Does Not Satisfy Showing of Participation in Burglary

    Pawuk &#38; Pawuk, P.A.
    9 Jul 2015 | 9:50 am
    In a recent case before the 2d District Court of Appeal, the court agreed that the State failed to prove a juvenile’s involvement as a principal to burglary. The defendant appealed following a withheld adjudication for burglary of an unoccupied structure. In this case, the defendant was accused of involvement in the burglary of a portable storage unit. The storage unit was located in the fenced backyard of a vacant house. On the day before the crime, the homeowner visited the property, and the storage container was intact. The next evening, a neighbor spied three young men walking into the…
  • Florida Appeals Court Addresses Criminal Prosecution of Defendant Nearly Seven Years After Allegedly Fleeing Scene of Crime

    Pawuk &#38; Pawuk, P.A.
    30 Jun 2015 | 11:51 am
    Statutes of limitations are deadlines for filing a lawsuit.   In criminal cases, a prosecutor cannot charge someone with a crime committed more than a certain period of time in the past. In a recent case, the 2d District Court of Appeal addressed the statute of limitations for prosecuting a crime of leaving the scene of a car accident that results in death or injury.   The defendant, Mr. Escalante, sought a writ of prohibition to prevent the trial court from moving forward with his prosecution. He argued that the statute of limitations, or time period for bringing the charges, had…
  • Florida Appeals Court Affirms Conviction Following Civil Detainment and Inventory Search at County Jail

    Pawuk &#38; Pawuk, P.A.
    20 Jun 2015 | 4:13 pm
    A recent 2d District Court of Appeal case recently addressed whether items found during a non-criminal search can result in a criminal prosecution.  Public policy promotes the ability of law enforcement to place dangerous or seemingly dangerous individuals into protective custody. But in the course of doing so, the courts must address what happens to items discovered during inventory searches of their persons. In this case, Mr. White appealed his judgment and sentence for possession of ammunition by a convicted felon. Procedurally, the trial court had denied his motion to suppress, and he…
  • Florida Appeals Court Holds Defendant Had Reasonable Expectation of Privacy in His Home Based on Fence, Signage, and Location of Mailbox Outside Fence

    Pawuk &#38; Pawuk, P.A.
    19 Jun 2015 | 4:12 am
    Search and seizure cases are specific to the circumstances, meaning that small details can determine an outcome.  In a recent case before the 2d Court of Appeal, the court ruled that the trial court should have granted the defendant’s motion to suppress, based on the facts at hand.  Procedurally, the defendant, Mr. Robinson, appealed a withhold of adjudication and a three-year probation term for the offense of manufacturing marijuana, a violation of Florida law. A withold of adjudication means that the court does not convict the defendant. Instead, the defendant consents to a term of…
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    Oakland Employment Lawyer Blog

  • California Bill Requires Disclosures by Construction Companies

    Liberty Law
    30 Jul 2015 | 6:25 am
    Two Northern California state lawmakers, Democratic Sens. Jerry Hill of San Mateo and Loni Hancock of Oakland introduced a bill that would require construction companies to disclose any felony convictions and settlements about construction defects to state regulators. Specifically, the bill requires firms to disclose to regulators the results of criminal convictions and civil suits in cases of construction defects, fraud, negligence, and incompetence. For example, the company that built the Berkeley apartment has paid over $26 million in the last three years to settle lawsuits related to…
  • Doctors’ Notes for Pregnant Employees Must be Carefully Written

    Liberty Law
    27 Jul 2015 | 6:23 am
    Employment discrimination because of pregnancy is illegal under the federal Pregnancy Discrimination Act and other state and federal laws. If a woman is unable to perform her job because of a medical condition related to pregnancy or childbirth, the employer must treat the woman in the same way it treats other temporarily disabled employees and provide accommodations. The employer may be required to provide unpaid leave, alternative assignments, light duty, or make other arrangements. However, a recent commentary in an obstetrics journal warned that doctors’ notes to employers for pregnant…
  • Is it considered sexual harassment if work meetings are held at a strip club?

    Liberty Law
    23 Jul 2015 | 10:03 am
    It may be surprising, but even in 2015, with state and federal laws in place outlawing sexual discrimination in the work place, it is not uncommon for uncomfortable sexual situations to take place at work, many of which could be considered sexual harassment. One issue that is not uncommon is  employees visiting strip clubs, either socially outside of work, or  as part of a work meeting. In San Francisco, the Gold Club has become a popular lunch spot for many technology employees and business workers. Typically, more than 300 people will visit the club for lunch, with a majority coming from…
  • Vallejo Girl Blames Nissan Floor Mats for Mother’s Death

    Liberty Law
    20 Jul 2015 | 10:01 am
    A four year old girl filed a lawsuit against Nissan, blaming the design of its floor mats for her mother’s death. The suspect, a 65 year old man driving a 2012 Nissan Versa, ran into five people on Sonoma Boulevard in Vallejo earlier this summer, including the plaintiff’s mother. He killed the young girl’s mother, and broke the mother’s sister’s spine and legs. The man dragged the girl’s mother for at least 40 feet. The girl is seeking punitive damages for wrongful death, and is asking that Nissan order a recall of the vehicles. According to the plaintiff, the accident was caused…
  • San Francisco Jury Finds Yellow Cab Liable for $8 Million Crash

    Liberty Law
    16 Jul 2015 | 4:08 am
    A San Francisco Superior Court jury ruled last month that a Yellow Cab driver was an “ostensible employee” of Yellow Cab, making the company liable for a car crash caused by the cab driver. The jury awarded $8 million to a passenger injured in the crash. The accident occurred when a 28 year old lawyer took a Yellow Cab home from San Francisco International Airport in April 2011. Traffic on Highway 101, on which they were driving, came to a complete stop. The cab driver did not notice the traffic had stopped and hit the car in front of him at 60 to 65 miles an hour. The lawyer was…
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    Texas Criminal Lawyer Blog

  • Marijuana - Understanding the Law. Live Podcast Interview.

    7 Jul 2015 | 1:11 pm
    Live Podcast Interview with Chris Legier @ Show 1002 Guest: Gilbert Garcia, Attorney Gilbert G. Garcia Law Firm Topics Include: How do the recent laws concerning marijuana prohibition apply to freedom and citizens rights? What should I do if I find myself in a position of being arrested for possession of marijuana? What are my rights when it comes to my job? Find the answers to these questions and more. If you or a loved one is facing a Criminal Charge, consult with a lawyer who is Board Certified in Criminal Law. A lawyer can help you understand and preserve your rights. The Gilbert G.
  • Elements of a Traditional Wiretap

    18 Jun 2015 | 1:32 pm
    The government intercepts the phone calls of suspect criminals through the use of a wiretap. Wiretaps are search warrants that allow a law enforcement agency to eavesdrop on phone calls or internet communications (E.g. cell, land line, Skype calls). Law enforcement agencies can only eavesdrop after they obtain a court order from a judge authorizing them to listen in on certain conversations. In order to obtain a court order, the officer must file an application with the court requesting authorization from the court to conduct a wiretap. The application is an essential part of the process and…
  • The Basics of How a Wiretap Works

    11 Jun 2015 | 3:23 am
    Every American citizen has a reasonable expectation of privacy. This Constitutional protection applies to many aspects of modern life. It extends over things such as a person's house, car, and telephone. However, the government can get past this shield of privacy. Law enforcement and the judicial branch work hand in hand to acquire warrants to get past a person's right of privacy. If the government believes a person is committing criminal behavior, then it will try to stop whatever that person is doing by piercing his privacy. In this regard, one of the government's most powerful tools is…
  • "States Right's" Proponents Should Lead the Fight against Federal Marijuana Prohibition

    9 Apr 2015 | 2:10 pm
    The Drug Enforcement Administration and U.S. Attorneys have raided Cannabis dispensaries and sent people to prison, even though they complied with State laws. According to a report released by Americans for Safe Access, the DOJ has spent nearly $80 million each year -- more than $200,000 per day -- cracking down on medical Cannabis. The federal government continues to classify Cannabis, a plant, as presenting the greatest danger, alongside heroin and LSD, with no currently accepted medical use. We are a union of sovereign states which delegated only certain, limited sovereignty to a central…
  • Texas Could See Public Health Benefits with Marijuana Legalization

    2 Apr 2015 | 2:40 pm
    A strong majority of Texans support marijuana legalization according to public policy polling, which revealed Texan support at 58%. With some grass roots indications that Texas is ready to legalize marijuana, many question how legalization could affect the overall public heath of Texas residents. With alcohol abuse and its devastating consequences remaining a major issue in Texas, some people worry marijuana could add to the problem. Researchers have long been trying to figure out whether marijuana legalization would lead to more alcohol consumption (if the drugs are complementary) or if…
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    Massachusetts Estate Planning, Probate & Elder Law

  • Does the Director of the Board of Hearings at the Office of Medicaid Realize (or Even Care) that the MassHealth Subpoena Regulation is Legally Invalid?

    Brian E. Barreira
    7 Jul 2015 | 3:42 pm
    Under a MassHealth regulation governing fair hearings, 130 CMR 610.052 (B), a MassHealth appellant has the right to a subpoena, either requiring the attendance and testimony of a witness or the production of any evidence (including books, records, correspondence, or documents) relating to any matter in question at the hearing. According to this MassHealth Board of Hearings (“BOH”) regulation:  “Any party may submit to BOH a written request for the issuance of such subpoena. If, in its discretion and in accordance with 130 CMR 610.065(B), BOH allows such request, a subpoena will be…
  • A Rebuttal to the Reckless Misrepresentation of Federal Medicaid Trust Law by the Office of Medicaid in Massachusetts

    Brian E. Barreira
    5 May 2015 | 3:26 pm
    The Office of Medicaid now appears to take the position that all assets held in any Irrevocable Trust should be counted for MassHealth purposes, despite having regulations to the contrary.  The Office of Medicaid has developed a boilerplate written document that it adapts slightly to the terms of each trust it is attacking, and files this document at fair hearings.  The document has not been vetted or published in any official manner, has been withheld from public view, and may be best described as an essay, so it will be referred to herein as the “MassHealth Essay.” The…
  • The Office of Medicaid and Its Board of Hearings Are Complicit in Denials of Due Process to MassHealth Appellants

    Brian E. Barreira
    21 Apr 2015 | 11:02 am
    Under 130 C.M.R. 610.065(A)(4), the Board of Hearings has the duty “to ensure that all parties have a full opportunity to present their claims orally or in writing and to secure witnesses and evidence to establish their claims.”  Unfortunately, whenever a negative legal opinion is given to the MassHealth worker, it is tactically withheld from the appellant until the time of the fair hearing.  The appellant in such a situation is routinely provided with no information from the Office of Medicaid about any reason for the denial and cannot adequately prepare for a fair…
  • Did the Office of Medicaid Intentionally Violate Federal Medicaid Trust Law When It Stripped the Definition of the Word “Available” from MassHealth Regulations?

    Brian E. Barreira
    13 Apr 2015 | 9:34 am
    Before January 1, 2014, the Office of Medicaid in Massachusetts had an official, published position on what the term “available” meant in its MassHealth regulations, but the Office of Medicaid has apparently chosen not to have a definition any longer.  Some hearing officers are now reviewing MassHealth trust regulations at fair hearings and ruling that some irrevocable trusts have countable assets due to the now-undefined word “available” in the MassHealth regulations. The proper review of irrevocable trusts for whether they are countable assets is set forth in the federal Medicaid…
  • Is the Term “Interested Person” Meant to Be Broadly Defined under Massachusetts Guardianship and Conservatorship Law?

    Brian E. Barreira
    9 Apr 2015 | 1:40 pm
    In the case of Guardianship of B.V.G., decided on April 6, 2015, the Massachusetts Appeals Court took a look at the Massachusetts Uniform Probate Code (“MUPC”) to determine whether a grandfather was an interested person who had standing in the guardianship proceedings. The child’s father was objecting to the grandfather’s involvement in the guardianship case. The term “interested person” in M.G. L. c. 190B, § 1-201(24), the general definition section of the MUPC, “includes heirs, devisees, children, spouses, creditors, beneficiaries, and any others having…
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    Traffic Law Stop's Blog

  • Exercising Your Rights at a Traffic Stop

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

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

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

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

    Casey Coats
    17 Mar 2015 | 9:16 pm
    St Patrick’s Day – Lots of Checkpoints Tonight! Click below for Tonight’s Checkpoint Recap Report at 11:15PM   Like our FB page to get our Alerts filtered into your FB feed.  Download our App for Alerts to your Cell phone. Do you have to Blow? Do you have to answer questions?  REMEMBER – Check our App for your Rights during a Checkpoint Stop! Tonight’s Checkpoints – St Pat’s Day: –On Reavis Barracks at 55 commuter lot.  Mobile DWI van, tow truck and several patrol cars in the lot. Confirmed, pics posted to our FB page. CONFIRMED.
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    Tampa Bay Injury Attorney Blog

  • Woman, Boy Drown in Separate Swimming Pool Accidents in Tampa Bay

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

    Whittel &#38; Melton, LLC
    22 Jul 2015 | 1:41 pm
    A woman suffered severe injuries Sunday evening in Tampa in a jet ski crash on the Hillsborough River. The driver of the jet ski lost control after crossing into the wake of a passing boat near the North Boulevard Bridge Sunday evening, according to Tampa Police Department Marine Patrol. The jet ski struck a metal sign posted near the center channel. Officials believe the woman, who was a passenger on the jet ski, smashed her head on the sign. She was taken to Tampa General Hospital in critical condition. Officials have not released any further information about the woman. The Florida Fish…
  • Two Suffer Minor Injuries in Semi Crash

    Whittel &#38; Melton, LLC
    18 Jul 2015 | 11:11 am
    Two lanes of northbound I-75 were blocked off this morning just south of Riverview after there was an accident involving a semi. According to the Florida Highway Patrol, a 37-year-old Tampa man was driving a 2013 semi north on I-75 at 5:39 a.m. when he lost control of the truck. The semi exited the roadway and collided with a 2014 Volkswagen Passat driven by a 42-year-old woman, according to troopers. The semi and the car both hit the outside guardrail, then slid down the shoulder embankment. Both individuals were taken to Tampa General Hospital for treatment of minor injuries. Traffic was…
  • Two Pedestrians Injured in Clearwater Crash

    Whittel &#38; Melton, LLC
    10 Jul 2015 | 6:48 pm
    Two pedestrians were injured in Clearwater Thursday morning after they were struck by a vehicle. According to Clearwater police, a man and woman were struck by a Mitsubishi Outlander SUV while walking on Gulf to Bay Boulevard and Meadow Lark Lane just after 5:30 a.m. Officers said the pair was trying to cross Gulf to Bay when they were hit by the car. According to officials, the man was trying to get the woman out of the way when they were hit. The woman was taken to St. Joseph’s Hospital in Tampa. The man was taken to Bayfront Health St. Petersburg. The driver of the SUV,  a…
  • Fourth of July Safety Tips

    Whittel &#38; Melton, LLC
    2 Jul 2015 | 2:29 pm
    The Tampa Bay Injury Lawyers at Whittel & Melton would like to wish everyone throughout Tampa and the state of Florida a very happy Fourth of July! During this summer holiday period, many of us celebrate the time with friends and family. As with many other holidays, risks of accidents and injuries can increase during the Fourth of July weekend. To help you keep yourself and your loved ones safe this weekend, we have compiled some helpful safety tips: Drunk Driving Drunk driving accidents, injuries and deaths always peak during Fourth of July weekend. If you plan on celebrating…
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    Boston Metro Business Lawyer Blog

  • Massachusetts Independent Contractor Statute Doesn’t Apply to Real Estate Salespersons

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

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

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

    Richard Mucci
    1 Jun 2015 | 6:08 am
    The Appeals Court of Massachusetts recently addressed the issue of testamentary capacity.  In In the Matter of the Estate of Fred S. Rosen, a will contestant appealed a court decree allowing the will, a judgment dismissing his challenge to the decedent’s retirement account beneficiary designation, and a judgment holding that the beneficiary designation was valid.  The contestant argued that the testator did not have testamentary capacity when he changed his will and beneficiary designation.  He further argued that the tangible remainder provision of the will was invalid because it did…
  • Massachusetts Erroneous Conviction Statute and Insufficient Evidence Cases

    Richard Mucci
    20 May 2015 | 5:09 am
    Massachusetts law allows a person who has been the subject of an erroneous conviction to pursue a claim for compensation.  To recover, a person must first show that he or she is eligible as a member of the class set forth under the statute and then must prove by clear and convincing evidence that he or she did not commit the offense.  The Supreme Judicial Court recently considered the application of the erroneous conviction statute in a case where the conviction was overturned on appeal based on insufficient evidence. In Renaud v. Commonwealth, the underlying criminal case involved an…
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    Tennessee Estate Law Blog

  • So what counts towards a taxable estate?

    Jim Higgins
    27 Jul 2015 | 11:17 am
    Many people may believe that they do not have to be worried about federal estate tax if they do not make a large amount of money, but if you have a substantial amount of life insurance, own a home or have a good retirement account or plan, there are some things you need to think about and consider when it comes to estate tax. If you have questions or concerns about how estate tax may affect you and your family, you should talk to a estate planning lawyer at the Higgins Firm. We will help you to determine the best plan for you and answer any concerns you may have. So, you may be asking what…
  • Tennessee Will Declared Invalid Because of Improper Witness Signatures

    Jim Higgins
    16 Jul 2015 | 4:31 pm
    When someone you love passes away, you may inherit property, money, or other possession if that person names you in a will. If there is no will, then a court may decide who gets to have what and you may get little to no say. It is not only important to have a will though, it is also important that you follow all the rules and guidelines about making sure a will is valid in your state. This is why if you are wanting to have a will drafted, it is a good idea to talk to a estate planning lawyer with the Higgins Firm. We will answer any questions or concerns you may and help you to draft a will…
  • BB King’s daughters claim ‘missing’ Will

    Jim Higgins
    17 Jun 2015 | 5:19 pm
    The world tragically lost a Blue’s icon recently and it looks like the families troubles are continuing in probate court. The four daughters of the late musical icon BB King, Patty King, Karen Williams, Rita Washington and Barbara Winfree, have had their lawyer file new legal documents in probate court, indicating that there is another will by their father who in his 2007 will named his long-time business manager, LaVerne Toney, as the sole executor of the estate. Riletta Mitchell, another daughter was listed second, but she died in September of last year. Apparently, BB King’s…
  • Tips for Choosing the Best Estate Plan for you

    Ryan Simmons
    3 Jun 2015 | 2:48 pm
    We all may not know how important estate planning really is, but many may be confused by the process, think it costs too much or just think we do not have to worry about it yet. Here are some tips so you can choose the best plan for whatever stage of life you are in. Once you understand what needs you may have, you should contact one of our experienced estate planning and probate lawyers with the Higgins Firm. If you are younger than thirty At this stage in life, you probably haven’t given much thought to estate planning. If you do not have many assets, you may be able to get away with not…
  • A Living Trust Versus a last Will: Which one should I choose?

    Jim Higgins
    28 May 2015 | 6:37 pm
    This is a difficult question to answer for many people. Often, it is because people do not know the difference between the two or what is involved in each. It is important to choose the one that is best for your needs so that your loved ones and family members will be protected and taken care of after you pass away. Here are some things we consider with our clients when helping them decide between a living trust or a last will. If you have any more questions about a living trust or a will, you should speak to one of our lawyers with the Higgins Firm. We will go through each option with you…
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    Maryland Divorce Lawyer Blog

  • Maryland Court Asserts Personal Jurisdiction Over Non-Resident Putative Father in Child Custody Case

    Anthony A. Fatemi, LLC
    29 Jul 2015 | 10:44 am
    Most states have enacted uniform laws that govern child custody and support issues. Such uniform provisions serve to provide “systematic and harmonized approaches” to family issues that require immediate attention when the parents live in different states or countries. Since such parents live in different states or nations, the first issue that must be resolved is whether the court has proper jurisdiction over the person to handle the child custody or support dispute. The governing statutory frameworks are:  1) the Maryland Uniform Child Custody Jurisdiction and Enforcement Act, or the…
  • Maryland Court Upholds Marital Agreement Dividing Pension Benefits

    Anthony A. Fatemi, LLC
    15 Jul 2015 | 11:07 am
    Under Maryland law, “marital property” is a term used to identify property that was acquired during the length of a marriage. In contemplation of divorce, spouses often seek to divide up marital property by virtue of a settlement agreement. Under Section 8-105 of the Maryland Family Code, courts have the power to enforce the provisions of such agreements. The statute provides that a settlement agreement that has been incorporated, but not merged into the final decree, may be enforced as a judgment or as an independent contract. It is important to understand how these legal rules can…
  • Same Sex Marriage and Divorce Making News Around the Country

    Anthony A. Fatemi, LLC
    26 Jun 2015 | 11:31 am
    As the nation awaits the United States Supreme Court’s imminent and historic decision on same sex marriage, other courts in the country are addressing issues of particular importance to same sex couples:  can they get divorced? Since states draft and enact their own laws governing marriage and divorce, the landscape throughout the country varies a great deal from place to place. A same sex couple who marries in a state where it is legal may find some difficulty obtaining a divorce from a state that does not recognize the union. Divorce laws serve to protect the parties’ rights…
  • Maryland Court Reviews Juvenile Court Custody-Related Order

    Anthony A. Fatemi, LLC
    16 Jun 2015 | 6:46 am
    When parents separate or decide to divorce, they must be prepared to address and hopefully resolve many important issues, such as child custody and visitation. In an ideal situation, both parents will agree on an arrangement that suits the best interests of the child. However, under Maryland law, either parent may petition a circuit court for custody of a child, and if the parties do not agree about who should have custody, the court will make the determination and grant sole or shared custody. Each custody case is unique. In some extreme cases, the court must step in to take a child out of…
  • Maryland Family Law Governs the Enforcement of Child Custody Orders

    Anthony A. Fatemi, LLC
    29 May 2015 | 12:14 pm
    When a couple decides to file for divorce, there are many difficult issues to address and hopefully reconcile in a mutually agreeable manner.  Of the challenging topics to resolve, child custody is often considered the most emotionally charged arrangement to settle. In most cases, both parents hope to spend as much time with their children after the marriage ends, as before.  Under the best case scenario, the parents will agree to the terms in an amicable way.  This serves the best interests of the children and helps to move the process along smoothly.  But there are cases in which one or…
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    Houston Family Law Blog

  • Your paternity rights: Proof and your DNA

    On behalf of Shriver & McLean, L.L.P.
    30 Jul 2015 | 3:35 am
    Now that you are a father, you have rights and responsibilities to your child. The trouble is that if you weren't married to the mother of your child, you may need to prove that you're the biological father. How can you do that? Most courts will want you to provide DNA testing. DNA tests are nearly 100 percent accurate, making them foolproof in most instances. If you and the mother of your child agree that you're the father, you can also sign paperwork to show that agreement. You will need to fill out an acknowledgement of paternity form, and once it's signed, you'll be added to your child's…
  • How has same-sex marriage legality changed family law?

    On behalf of Shriver & McLean, L.L.P.
    22 Jul 2015 | 12:33 pm
    Same-sex marriage is not new in all states, but now that it's legal throughout the entirety of the United States, family law has been changed dramatically and will continue to change to accommodate new demands. Thanks to the ruling making same-sex marriage legal throughout the country, family lawyers now can prepare to provide same-sex couples with divorce paperwork, marriage agreements, prenuptial agreements, and custody information. There will still be questions to have answered, though, because same-sex marriage in family law is still new. For instance, how does the Supreme Court's ruling…
  • Know your rights as you divide assets as community property

    On behalf of Shriver & McLean, L.L.P.
    16 Jul 2015 | 3:13 pm
    Texas is an interesting state to be divorced in, because it's a community property state. That means that you and your spouse will be able to split all assets owned between you in the divorce. Every asset you have is considered to be marital property, so unless you have a prenuptial or postnuptial agreement in place, everything you own will be fair game as the courts help you divide your property. Texas has some difficult and complex property division laws, so it's important that you understand them before going to court. The judge in your case has a high amount of discretion when it comes to…
  • Same-sex couple granted shared custody of 2-year-old daughter

    On behalf of Shriver & McLean, L.L.P.
    8 Jul 2015 | 1:01 pm
    You may have always assumed that same-sex couples going through divorce after marriage would have equal rights like any other couple, but that hasn't always been the case. Living in Texas, you should know that same-sex couples have only recently been granted the right to get married legally within the state. Now, a judge has been able to award shared custody to same-sex parents who are divorcing, making them one of the first same-sex couples to have this child custody order granted legally. The U.S. Supreme Court recently ruled that same-sex marriages are legal and should be recognized…
  • Same-sex marriages and divorces now legal in Texas

    On behalf of Shriver & McLean, L.L.P.
    1 Jul 2015 | 5:07 pm
    Recently, the United States Supreme Court ruled that same-sex marriages are to be legal in all of the states, regardless of previous state laws. What that also means is that all same-sex marriages are now legally able to be recognized for the sake of divorce. A July 1 report discussed this revelation in the court system and how it is affecting Texas. In East Texas, how is same-sex divorce going to affect the legal field? In general, it won't. The only real difference in a same-sex divorce is that you're working with two people of the same gender. The law itself will be the same as in a…
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    Morristown Personal Injury Law Blog

  • New Jersey's truck accidents: Girl, 3, killed in tragic crash

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    27 Jul 2015 | 3:26 pm
    When most New Jersey residents hear about an accident involving a truck, they think of 18-wheelers. However, not all of the truck accidents that happen in our state involve a big rig. Other commercial trucks, such as delivery vehicles and mail trucks, also get into accidents. Recently, a mail truck was involved in a crash in which three pedestrians were struck. At approximately 10 a.m., a grandmother was crossing the street with her two grandchildren, a 4-year-old boy and a 3-year-old girl. The girl was in her grandmother's arms, and the boy was walking beside them. The mail truck came around…
  • Car accidents at highway speeds can end in fiery wreckage

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    21 Jul 2015 | 4:43 pm
    Despite the condition of the wreckage after an accident, it is possible for the vehicle occupants to be rescued and survive. However, in car accidents that end with one or more vehicles bursting into flames, the odds of survival drop dramatically. This was the case in a recent crash on Route 80 here in New Jersey in which one of the three vehicles involved caught fire. Reports regarding the crash indicate that a Jeep was stopped in one of the westbound lanes of the highway. Behind it was another car, which was also stopped. A third vehicle came along and crashed into the second car. The…
  • Pedestrians end up as collateral damage in bus accidents

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    12 Jul 2015 | 1:44 pm
    Accidents on the streets of New Jersey cities do not always involve only the vehicles that crashed. In some cases, other vehicles and pedestrians can become collateral damage in car, truck or bus accidents. Three people were recently injured in an accident between a bus and a car. One of them was a pedestrian who happened to be standing in the wrong place at the wrong time. Witnesses to the crash reported that they saw the bus making a left turn at an intersection. At the same time, a car in the opposite lane of travel was making a right turn. The two vehicles collided. The car spun into the…
  • Many multiple car accidents are caused by one driver's error

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    8 Jul 2015 | 2:50 pm
    On a New Jersey street crowded with cars, a balance exists that keeps the vehicles from crashing into one another. If one driver makes a mistake, that balance can be disrupted. Many multiple car accidents occur when just one driver makes a mistake. For example, northbound Route 73 became the scene of a serious six-car accident recently. It began when a vehicle driven by a 19-year-old sideswiped a van. This collision set of a chain reaction that ultimately entangled an additional four vehicles. Nine people occupied the six vehicles. A 60-year-old man was trapped in his car and had to be flown…
  • Far too many young people in New Jersey die in car accidents

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    29 Jun 2015 | 8:45 am
    New Jersey's young adults have the rest of their lives ahead of them. Unfortunately, too many of them lose their lives in car accidents before those lives can truly begin. One of the most recent lives lost too soon was an 18-year-old man. The 18-year-old was a backseat passenger in a vehicle traveling in the left lane on the southbound side of the New Jersey Turnpike. Four people were in the car, and three of them shared the same last name. At some point, the driver lost control of the car. The car veered across both lanes of traffic to the right shoulder where it then went off the road. The…
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    Columbus Personal Injury Law Blog

  • Ikea recall could lead to product liability claims in Ohio

    On behalf of Dale Perdue
    24 Jul 2015 | 5:28 pm
    Having safe items in a child's room can often make parents feel more at ease. However, if their toys, furniture or other items become the subject of a recall, they could have been at risk of becoming injured due to a potentially dangerous product. In some cases, the recall notice may come too late, and injuries or fatalities may have already occurred. As a result, a product liability claim may be filed. Ohio residents may be interested in a recent product recall. Ikea recently recalled millions of chests and dressers after they posed a serious risk to children. According to…
  • Fatal accident involving multiple vehicles claims life in Ohio

    On behalf of Dale Perdue
    22 Jul 2015 | 5:29 pm
    A serious car accident can take place in the blink of an eye. An individual may think that he or she is traveling safely when the actions of another driver puts him or her in harm's way. Unfortunately, situations like this can cause a fatal accident, and loved ones of the victim may begin considering their legal options. The family of one Ohio resident may be taking such action after a recent fatal crash. It was reported that a tanker truck had been stopped on the roadway, waiting for a school bus to make a turn. While stopped, the tanker was hit from behind by a second truck. This crash…
  • Frozen chicken recall could prompt product liability claims

    On behalf of Dale Perdue
    17 Jul 2015 | 6:28 am
    Food that is purchased at the grocery store is done so with the expectation that it is safe to consume. Whether an Ohio shopper is making a grocery purchase for him- or herself or for their family, virtually no one expects that the food they are buying could make them devastatingly sick. Unfortunately, food products harboring dangerous bacteria still make their way onto store shelves, prompting some victims to seek compensation through product liability claims. At the beginning of July 2015, Barber Foods issued a recall of nearly 60,000 pounds of chicken. The recall was prompted by a…
  • Truck accidents: Ohio crash causes serious injury, death

    On behalf of Dale Perdue
    11 Jul 2015 | 3:54 pm
    Losing a loved one is never an easy situation to handle. Such circumstances can be especially difficult if the death resulted due to the actions of another individual. Truck accidents often have harrowing results, and in some cases, the situations may have been avoided if simple actions -- such as maintaining a proper following distance -- had been taken. Nonetheless, these situations cannot be reversed, and the families of victims may want to explore their legal options. One family in Ohio may be looking into their options after a recent fatal event. It was reported that a motorcycle with…
  • Ohio SUV accident results in driver's death

    On behalf of Dale Perdue
    9 Jul 2015 | 3:55 pm
    When one vehicle collides with another, serious damage too often results. Vehicles can be totalled and lives can be lost in just moments if a wrong action is taken while traveling the roadway. If an SUV accident takes place at an intersection, authorities will be tasked with determining who may have had the right of way when the accident occurred. A similar situation recently took place in Ohio when multiple vehicles were involved in a crash. It was reported that an SUV was traveling east when another vehicle exiting from the Interstate collided with the SUV. The collision caused…
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    North Texas Legal News

  • Is Your Non-Compete Enforceable in Texas?

    Leiza Dolghih
    26 Jul 2015 | 8:37 pm
    Many a business owner has been tempted to save a few hundred dollars by using a non-compete agreement found somewhere on the web or bought from Legalzoom or the like.  The problem with such an approach is, of course, that every state has different rules about what makes a non-compete agreement enforceable. What might be enforceable in one state, might be a worthless piece of paper in another. This is why obtaining a form non-compete agreement, without verifying its enforceability in Texas, is dangerous. It is also dangerous not to update employees’ non-compete agreements, as the…
  • It’s All Fun And Games Until An “Old Fart” Files An Age Discrimination Lawsuit: A Lesson for Employers from the Fifth Circuit

    Leiza Dolghih
    19 Jul 2015 | 9:33 pm
    Okay, so George Clooney was not involved in this case, but he has one thing in common with the employee who filed the age discrimination claim in Goudeau v. National Oilwell Varco, L.P. – they are almost the same age. When Maurice Goudeau was terminated by National Oilwell Varco (NOV) in 2011, he was 57 years old and had been working for the company and its predecessors for 18 years. Approximately 12 months before his termination, he began working with a new supervisor, who told him that “there sure [were] a lot of old farts around here,” asked Goudeau about the age of two…
  • A Placed Employee Embezzles $15 Million. Is the Staffing Agency Responsible?

    Leiza Dolghih
    17 Jul 2015 | 11:33 am
    The answer, of course, is “maybe.” In this case, a staffing agency placed a receptionist with a company, who, after being promoted to the head of accounting, proceeded to embezzle $15 million in the course of eight years. When the company discovered the theft, it sued the staffing agency arguing that it should have conducted a criminal background check on the woman (she had a prior theft record) before placing her with the company and that the staffing agency failed to notify the company of the woman’s criminal record when it discovered it at some point after she had…
  • Is Sales Commission Part of an Employment Agreement? Make it Clear and Put it in Writing. This Goes for Employers and Employees.

    Leiza Dolghih
    13 Jul 2015 | 8:23 pm
    A recent case from the Houston Court of Appeals demonstrates how failing to document the exact terms of a sales commission arrangement can result in a loss of such commission for an employee and a costly legal dispute for an employer. In Colter v. Amkin Technologies, the company hired Colter as a sales director to sell portable drilling rigs. His offer letter stated that he would get $4,000 a month salary and a commission, the structure of which would be determined at a later time.  The parties never drafted or executed a written agreement detailing the terms of the commission structure.
  • What You Should Know About Non-Compete Agreements in Your Industry

    Leiza Dolghih
    22 Jun 2015 | 11:24 am
    According to a recent study,* at least one in four workershave signed a non-compete during their work-life, and at least 12% of the U.S. labor force are currently working under one. However, only 10% of the study participants reported bargaining over the terms of their non-compete agreements before signing them. According to this study, the chances of being bound a non-compete increase with the higher level of education – 9% without college degree v. 27% of those with a graduate degree are bound by a non-compete. They also rise with the increase in salary, with one in threeworkers…
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    Galveston Pharmaceutical Products Law Blog

  • FDA upgrades warning of dangerous side effects of NSAIDs

    On behalf of Hodge Law Firm, PLLC
    30 Jul 2015 | 7:41 am
    Warning labels on prescription nonsteroidal anti-inflammatory drugs (NSAIDs) already let both medical professionals and patients know that serious complications can arise from their use. After additional research, the U.S. Food and Drug Administration is upgrading the warnings regarding these dangerous side effects. Texas patients need to be aware that the FDA considers the risk of heart attack or stroke from the use of NSAIDs to be greater than previously thought. Doctors often prescribe medications such as ibuprofen, diclofenac, and celecoxib, along with naproxen, to their patients for…
  • How did potentially defective medical devices end up in patients?

    On behalf of Hodge Law Firm, PLLC
    23 Jul 2015 | 8:15 am
    Texas is one of at least five states in which patients who received hardware during a spinal fusion operation could have received questionable parts distributed by a company called Spinal Solutions LLC. It is claimed by insurers that the potentially defective medical devices made their way into at least 17 hospitals across the country because of a minimum of 15 doctors who allegedly received monetary compensation for using the fake parts. The company is no longer in business, but when it was operating in 2013, a recall was issued for parts used in fusions of the lower spine after the U.S.
  • Side effects of 2 anti-depressants could cause birth defects

    On behalf of Hodge Law Firm, PLLC
    16 Jul 2015 | 5:34 am
    Their doctors tell many women that they may continue to take their anti-depressants during pregnancy. A new study, however, reveals that may be okay with some medications, but the side effects of two anti-depressants have an increased risk of birth defects. Texas women who are either pregnant or contemplating pregnancy may need to be aware that Prozac and Paxil could harm their unborn children. The study involved approximately 28,000 women who took one of these medications -- Celexa, Lexapro or Zoloft -- within the month prior to becoming pregnant through the end of the first trimester.
  • Recalls of defective drugs fall into 1 of 5 FDA categories

    On behalf of Hodge Law Firm, PLLC
    10 Jul 2015 | 5:53 am
    When a Texas patient is made aware that a medication he or she is taking is being recalled, panic can set in if  he or she does not understand the severity of the issue with the drug. The Food and Drug Administration classifies defective drugs in one of five categories when a recall is issued. A rudimentary understanding of those classifications could help either put an individual at ease or convey the severity of the situation. If there is reasonable risk that a medical device may harm a patient, a medical device safety alert is issued. A device that poses a substantial risk may become…
  • Anti-depressant side effects can be life threatening

    On behalf of Hodge Law Firm, PLLC
    3 Jul 2015 | 5:51 am
    Many Texas residents rely on anti-depressants to help them with their depression. However, some anti-depressant side effects associated with these medications can be severe. People have suffered permanent injuries or even died from taking certain drugs. For example, an anti-depressant such as Cymbalta has helped many people. Those patients are willing to tolerate some of the more common side effects such as gastrointestinal issues, fatigue or sweating. However, the drug also has some serious side effects that could land someone in the hospital. Some of the more serious reactions that are…
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    New Haven Personal Injury Law Blog

  • Study shows Connecticut has third strictest DUI laws in nation

    On behalf of Jacobs & Dow, LLC
    31 Jul 2015 | 6:44 am
    Though not covered by federal law, every state has a drinking age of 21, plus their own drunk driving laws. Even so, more than 30 percent of all traffic fatalities involve alcohol. Connecticut has strict statutes against drunk drivers, and a recent study shows that the state has the third strictest laws in the nation. In addition to the 10,000 lives taken in the nation due to drunk driving, the American economy suffers an annual $60 billion loss due to the action. There is good news, however. The DUI laws have dropped fatalities by 52 percent between 1982 and 2013, the last year the study…
  • How the statute of limitations could affect you after a car crash

    On behalf of Jacobs & Dow, LLC
    26 Jul 2015 | 3:08 pm
    It is not unusual for someone involved in a serious car crash to refuse medical attention at the scene, and then wake up the next day or several days with severe pain and discomfort. It might take months, depending upon the injury, for symptoms to appear and cause you to seek medical attention. Even car accident victims suffering catastrophic injuries requiring immediate medical attention might not realize the full extent of the long-term consequences. Many people do not think in terms of seeking advice from an attorney about making a claim for compensation against the negligent driver who…
  • Challenges inherent in recovery for drunk driving accidents

    On behalf of Jacobs & Dow, LLC
    24 Jul 2015 | 3:09 pm
    The aftermath of a car accident in which the other driver was under the influence of drugs or alcohol would seem, at least on first blush, to be a straightforward matter: you present your claim for compensation against that driver’s insurance company, and it settles. After all, if the insured was drunk at the time of the collision, many times the insurance company will be reluctant to see the matter end up in court where a sympathetic jury might award you much more than any settlement amount it has in mind. But this seemingly good news -- the willingness of the other driver’s insurer to…
  • What factors contribute to pedestrian accidents?

    On behalf of Jacobs & Dow, LLC
    19 Jul 2015 | 1:27 pm
    According to information available from the National Highway Traffic Safety Administration, every year about 5,000 people die in pedestrian accidents nationwide and at least another ten times that many are injured. It is a certainty that Connecticut has its share of both of these statistics. Pedestrians should be aware that just because they obey the rules and cross only at intersections with crosswalks when does not ensure their safety; there are simply too many drivers who themselves have a much more relaxed attitude when it comes to safety considerations. The behaviors of drivers who…
  • Alcohol vs. marijuana: study suggests one is worse for drivers

    On behalf of Jacobs & Dow, LLC
    17 Jul 2015 | 1:28 pm
    Drunk driving has long been a source of mayhem on the roads. The increasing prevalence of drugged driving has added a new layer to this problem, and when it comes to mixing drugs and automobiles marijuana is the clear first choice. Recently, a study sponsored by the National Institute on Drug Abuse, the National Highway Traffic Safety Administration and the Office on National Drug Control Policy on the effects of alcohol and marijuana suggests that of these two intoxicants alcohol is clearly worse in its effects on drivers. The study used a driving simulator to monitor what happened when test…
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    Rosen Louik & Perry, P.C.

  • A baby with jaundice needs to be diagnosed immediately

    On behalf of Neil Rosen of Rosen Louik & Perry, P.C.
    31 Jul 2015 | 6:25 am
    Every year, thousands of Pittsburgh parents welcome a new baby into their lives. Most of the time, these babies arrive with no issues and are healthy. But, occasionally, a baby has a medical issue that needs to be identified. One such issue is jaundice. The failure to diagnose a jaundiced baby can lead to a worsened condition. Many babies are born with a condition known as jaundice. Jaundice is when the baby’s blood has an excessive level of bilirubin, which is a pigment of red blood cells. Babies with jaundice often have a yellowish tint. The babies have jaundice because their liver is not…
  • Surgical errors happen during Pennsylvania robotic surgery

    On behalf of Neil Rosen of Rosen Louik & Perry, P.C.
    29 Jul 2015 | 6:27 am
    Over the last several years, robotic surgery has become increasingly popular in the Pittsburgh area. Most Pittsburgh residents have heard of this type of surgery, and many have opted for it for their own procedures. But, there are risks of surgical errors involved with the surgery that have led to injuries and deaths. Recently, robotic surgery has seen widespread adoption among the medical community. It is frequently used for minimally invasive surgery, and the benefits can include less post-operative pain, shorter hospital stays, less scarring and higher accuracy rate. It is a popular option…
  • A birth injury can affect a Pennsylvania family forever

    On behalf of Neil Rosen of Rosen Louik & Perry, P.C.
    24 Jul 2015 | 6:12 am
    Thousands of Pittsburgh families welcome a new addition into their family each year. Pittsburgh has some of the finest obstetrical care available in the world. Most babies are born healthy, and go home just a few days later. But, occasionally, an unexpected birth injury occurs, which can cause serious and permanent injuries. There are many different birth injuries that can occur. Birth injuries can come from the medical provider failing to monitor the baby who is in distress. This can result in the baby not being delivered in a timely manner, and the baby then suffers from a severe brain…
  • Can a Pennsylvania caesarian section lead to birth injuries?

    On behalf of Neil Rosen of Rosen Louik & Perry, P.C.
    22 Jul 2015 | 6:13 am
    Expectant parents in the Pittsburgh area usually spend time thinking about their delivery options for their newborn. Some parents opt for a natural birth, while others choose a planned caesarian section (C-section) for the delivery process. Still, others who plan for a vaginal delivery run into complications that require an unplanned caesarian section. Although a caesarian section is one of the most performed surgeries in the U.S., there are still birth injuries that can occur. A C-section birth injury can happen in two different ways. One way is if a C-section was not performed or the delay…
  • Cancer doctor sentenced to 45 years

    On behalf of Neil Rosen of Rosen Louik & Perry, P.C.
    17 Jul 2015 | 7:30 am
    Pittsburgh residents enjoy access to phenomenal medical care. Most patients receive accurate diagnosis and accurate treatment. But, a troubling story has emerged from a nearby state where a doctor has been convicted of failing to diagnose cancer in his patients among other egregious actions. The cancer doctor was sentenced this past Friday to 45 years in prison for Medicare fraud, money laundering and conspiracy to pay or receive kickbacks. The doctor had over 500 patients who received unnecessary cancer treatments. The doctor would tell patients they had cancer and then treat them for it,…
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    Los Angeles Bankruptcy Lawyer Blawg

  • Chapter 13 Case Dismissed Due to Failure to Disclose Prior Bankruptcy Filings, Other Acts Deemed in Bad Faith

    Devin Sawdayi
    30 Jul 2015 | 8:26 am
    A bankruptcy court granted a Chapter 13 trustee’s motion to dismiss a debtor’s case and barred the debtor from further bankruptcy filings, in any district in the country, for a two-year period. In re Weik, No. 14-61298, mem. dec. (Bankr. D. Mont., Feb. 24, 2015). The trustee had argued that the debtor was ineligible for bankruptcy relief because of recent prior bankruptcy cases, 11 U.S.C. § 109(g)(1); that the debtor had abused the bankruptcy process; and that he was not seeking bankruptcy relief in good faith. The debtor filed a Chapter 13 petition in approximately October 2014.
  • Tax Penalties Accrued More than Three Years Before Bankruptcy Filing Date Are Dischargeable, Court Rules

    Devin Sawdayi
    24 Jul 2015 | 12:04 pm
    Federal bankruptcy law allows debtors to discharge tax penalties if they meet certain criteria. The Internal Revenue Service (IRS) may penalize individual taxpayers for failing to file a tax return by the April 15 due date, 26 U.S.C. § 6651(a)(1). These penalties are dischargeable in bankruptcy if the “transaction or event” that resulted in the penalty happened at least three years before the filing date. 11 U.S.C. § 523(a)(7)(B). A California bankruptcy court recently considered when the “transaction or event” leading to penalties for a late-filed tax return actually occurred. The…
  • Bankruptcy Court Rules that State Tax Debt Is Dischargeable in Chapter 7 Bankruptcy Case

    Devin Sawdayi
    16 Jul 2015 | 12:02 pm
    A California bankruptcy court ruled that sales tax obligations owed by a debtor in connection with a convenience store she owned were subject to discharge in the debtor’s Chapter 7 bankruptcy case. In re Athar, No. 1:11-bk-23947, Adv. No. 1:12-ap-01038, memorandum (Bankr. C.D. Cal., Feb. 27, 2014). The debtor argued that she should not be held personally liable for the sales tax, claiming that she was not a “partner” in the business. The State Board of Equalization (BOE), which administers and collects various types of state taxes, disagreed and claimed that the tax debt was excepted…
  • California Bankruptcy Court Considers Whether a Debtor Has the Burden of Proof in Claiming an Exemption Under State Law

    Devin Sawdayi
    11 Jul 2015 | 12:30 pm
    A bankruptcy judge in California considered a Chapter 7 trustee’s objection to a debtor’s exemption claim. The debtor claimed that a large retirement account was exempt from Chapter 7 liquidation under California law. The court identified two factual questions, but found that it first had to address a legal question:  who has the burden of proof in an objection to an exemption claimed under state law? The court ultimately ruled that, while the objecting party usually has the burden of proof under federal law, the debtor bears this burden for exemptions under California law. It set the…
  • Hollywood Film Producer Faces Poor Box Office Receipts, Lawsuits, Bankruptcy

    Devin Sawdayi
    18 May 2015 | 9:18 am
    The story of a film producer who finds himself in a range of financial difficulties after poor performance at the box office is not unique to Los Angeles, but Hollywood probably gives this region more examples of this tale than most cities. One producer’s story, recently covered by the Los Angeles Times, describes just how difficult the entertainment business usually is, how easy it can be to lose money, and how many ways the personal bankruptcy process can become involved in the process. Bankruptcy can be helpful to the parties involved in these types of situations, but just like the movie…
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    Maryland Criminal Lawyer Blog

  • Maryland Court Rules Call Records Inadmissible as Hearsay

    Anthony A. Fatemi, LLC
    23 Jul 2015 | 10:46 am
    Each state enacts rules of evidence that govern the admissibility of various kinds of information and testimony during a court proceeding. Most people have heard of something called “hearsay” – a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. Hearsay is typically inadmissible, subject to certain enumerated exceptions. In any criminal case, no matter what the charges, it is important to fully understand the rules of evidence and how they can strengthen one’s defense. If you have…
  • Maryland Court Rules Evidence Sufficient to Support “Possession” of Contraband Drug Convictions

    Anthony A. Fatemi, LLC
    8 Jul 2015 | 10:33 am
    The outcome of a criminal case often depends in large part on the sufficiency of the evidence in light of established Maryland law. There are many defenses that may be asserted with respect to allegedly incriminating evidence. When a person is charged with criminal possession of contraband, courts have held that such possession may be constructive (rather than actual) or joint (rather than exclusive). These distinctions are important and can dramatically affect the result of a criminal case. A person charged with criminal possession of any controlled dangerous substance must take the matter…
  • Maryland Court Finds Evidence Sufficient To Support Driving Under the Influence of Alcohol Convictions

    Anthony A. Fatemi, LLC
    19 Jun 2015 | 6:26 am
    Under Maryland law, crimes are divided into two groups:  misdemeanors and felonies. Most people know and understand that a felony is considered more serious and typically accompanied by a longer sentence. But a conviction of either type of crime can affect a person’s life in many ways. A common misdemeanor is driving while under the influence of alcohol.  A person may be arrested or charged with this crime based upon proof that the person was actually witnessed driving under the influence in the present tense, or based upon a “permitted inference” that he or she drove…
  • Maryland’s Highest Court Reviews Legality of Criminal Sentence Below a Binding Plea Agreement

    Anthony A. Fatemi, LLC
    8 Jun 2015 | 6:04 am
    Most states have court rules and laws that govern the preparation and enforceability of a plea agreement between a criminal defendant and the State. According to case law, plea agreements play a “crucial role” in the Maryland criminal justice system. Part of the allure of a plea agreement is the level of certainty it provides to the person charged with a crime, as well as to the State. Furthermore, the use of plea agreements (rather than a trial) serves to reduce the overcrowding of courts by disposing of cases in an more efficient manner. It is important to ensure that any…
  • Maryland Court Upholds Admission of Evidence of Other Crimes in Attempted Second-Degree Murder Case

    Anthony A. Fatemi, LLC
    22 May 2015 | 9:31 am
    A person who is arrested or charged with a criminal offense will be entitled to many legal protections throughout the criminal proceedings. It is important to understand the extent of one’s legal rights at each stage of the process. Once a case reaches trial, there are many local state rules of evidence that a court may enforce in order to protect the person charged with a crime. One important example concerns the State’s use of evidence of other crimes, wrongs, or acts in the pursuit of a conviction. Maryland law is fairly clear on this issue. Evidence of prior criminal acts may…
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    Cape Cod Injury Lawyer Blog

  • Inconsistent Verdict of Massachusetts Jury in Car Accident Case Results in New Trial – Rose v. Farina

    John C. Manoog III
    27 Jul 2015 | 4:25 pm
    In a court of law, there are many different roles – judge, attorney, court reporter, bailiff, juror, etc. Each person has a specific job, and the sanctity of the legal system depends upon each job being carried out correctly. While the judge is charged with the responsibility of interpreting the laws and ruling on the various motions filed by the parties, it is the jury that is the trier of fact. As a result, jurors determine which witnesses are to be believed and which party should prevail based upon the evidence. In personal injury cases such as those arising from car accidents,…
  • Letter to Mayor Did Not “Present” Student’s Negligence Claim as Required by Massachusetts Tort Claim Act – Rodriguez v. City of Somerville

    John C. Manoog III
    21 Jul 2015 | 1:34 pm
    You may already be aware that certain filing deadlines, called statutes of limitations, limit the time that an injured person has to file suit against the responsible party. What you may not know is that there are other time limits that must be complied with in certain situations, and the failure to comply with such rules can be just as fatal to an otherwise legitimate claim as the failure to file within the time allowed by the statute of limitation. For example, in lawsuits against public entities such as cities and towns, a plaintiff is required to meet the presentment…
  • “Paid Sick Time” Law Goes into Effect in Massachusetts, Effective July 1, 2015

    John C. Manoog III
    16 Jul 2015 | 12:09 pm
    Massachusetts voters may recall Question 4 on the 2014 election ballot last November, regarding whether or not employees should be able to earn and use a certain amount of sick time per year. Although the question was opposed by several business organizations and chambers of commerce, the measure passed and is now law. Effective July 1, 2015, those who work for businesses employing 11 or more workers can earn up to 40 hours of paid sick time annually. Those who work for smaller companies can earn the same amount of sick time, but the hours will be unpaid. The Provisions of the New Law The new…
  • “Mode of Operation” Approach Applicable in Injured Woman’s Premises Liability Lawsuit against Massachusetts Night Club – Sarkisian v. Concept Restaurants, Inc.

    John C. Manoog III
    7 Jul 2015 | 11:48 am
    The basic concept of negligence law is that those who breach a duty of care owed to another should be held financially accountable for any resulting damages that proximately result from the breached duty. While the idea is simple, proving a particular case can sometimes be difficult. In premises liability lawsuits, for instance, there can be considerable dispute about the particular duty that the defendant owed to the injured person. Traditionally, a premises liability plaintiff had to show that the defendant had actual or constructive notice of an unsafe condition, but this requirement…
  • Enjoy Your Summer, Massachusetts, but Beware of Dangerous Products

    John C. Manoog III
    22 Jun 2015 | 11:06 am
    Summertime and the living is … well, it’s supposed to be easy, but with numerous recalls of foods, toys, and recreational equipment, there’s never a good time to take a vacation from being a cautious consumer. Fortunately, there are some websites that help consumers keep track of the latest in safety recall information. (Of course, not every dangerous or defective product is recalled, so a particular product’s absence from a recall list is not a guarantee of safety.) To be on the safe side, take a few minutes to peruse these government websites for the latest…
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    Kalamazoo Estate Planning Law Blog

  • Kalamazoo Township approves new type of special use permit

    On behalf of Shaun Patrick Willis J.D.
    31 Jul 2015 | 9:39 am
    One thing that can have very big impacts on commercial property owners in a community is what sorts of special use permits and zoning variances the governing authority in the community allows property owners to pursue. Receiving a special use permit or a zoning variance can allow a property owner to use their property in a way that they wouldn't otherwise be able to under the applicable zoning laws. Communities can vary considerably in what sorts of special use permits and zoning variances are available to property owners. Also, communities sometimes make changes to their zoning variance and…
  • Dementia and managing finances

    On behalf of Shaun Patrick Willis J.D.
    29 Jul 2015 | 7:21 am
    There are many worries a person may have about a family member's wellbeing when that family member has developed a form of dementia. One thing they may have concerns about is how much the dementia is affecting their loved one's financial management abilities. There are many different financial skills that dementia can potentially impair, from the ability to manage a checkbook to the very ability to understand money matters.  Facing loss of financial management skills due to dementia is not at all uncommon among senior citizens. It is estimated that the number of individuals 65 years of age…
  • Utility patents on the increase in Michigan

    On behalf of Shaun Patrick Willis J.D.
    15 Jul 2015 | 12:00 pm
    A person can receive some very important protections for an invention they developed when they patent their invention. Lately, the number of utility patents received here in Michigan has been going up. In 2011, 3,964 utility patents were awarded to parties in Michigan. In 2014, patent applicants in the state received 5,306 utility patents. This is a nearly 34 percent increase in annual utility patent total. This increase is very close to the same level of increase seen in the country as a whole. Between 2011 and 2014, the annual national utility patent award total rose around 33 percent. All…
  • Estate tax matter involving former Piston's owner resolved

    On behalf of Shaun Patrick Willis J.D.
    13 Jul 2015 | 12:01 pm
    If a deceased person's estate is large, it may end up having to pay a federal estate tax. Under current federal law, estates over $5.43 million in value are subject to the federal estate tax. The amount of the federal estate tax can be quite large. Thus, federal estate tax matters can involve substantial amounts of money. This can be seen in an estate tax dispute involving the estate of the deceased Michigan-born billionaire and sports team owner William Davidson. Davidson died in 2009. He owned multiple sports teams during his life, including the Detroit Pistons. His net worth at the time of…
  • When motorcyclists are hit by inattentive motorists

    On behalf of Shaun Patrick Willis J.D.
    9 Jul 2015 | 8:08 am
    Drivers need to be watchful when out on the roads. When drivers fail to carefully keep an eye on what's going on around them and fail to be properly attentive when behind the wheel, they can be a major danger to others out on the roads. Inattentive drivers can be a particularly big danger to motorcyclists. Motorcycles are smaller vehicles, and thus could be particularly prone to escaping the notice of a driver who is not paying as close of attention to things as they should be. Thus, being inattentive out on the roads could greatly increase a driver's likelihood of hitting a motorcyclist. A…
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    Corinth Personal Injury Law Blog

  • Workers' compensation benefits in Tennessee

    On behalf of Wood & Carlton, P.C.
    31 Jul 2015 | 6:13 am
    The state of Tennessee has outlined steps for financial recovery for injured workers. The Tennessee Department of Labor and Workforce Development has set up a protocol for workers who are having difficulty receiving workers' compensation benefits. Individuals who are not having problems receiving benefits should not contact the Department. This article provides an overview of the process. The first step to receiving workers compensation is to file a claim. The insurance adjuster of your employer has 48 hours to make contact with the injured worker. Once contact has been made, the adjuster has…
  • Working while receiving SSI benefits

    On behalf of Wood & Carlton, P.C.
    24 Jul 2015 | 5:03 am
    As discussed previously on this blog, Supplemental Security Income (SSI) is a government program that provides low-income individuals who suffer a disability or are of a certain age with a stipend. In order to qualify, individuals must be 65-years-old or older, or suffer a disability or blindness. Though SSI benefits can be extremely helpful in tough times, it may not be enough. But, can an individual work while receiving SSI benefits? The answer is yes. In fact, the U.S. government incentivizes SSI recipients to work by exempting a certain amount of their income from SSI determinations. For…
  • Employer responsibility to injured Tennessee workers

    On behalf of Wood & Carlton, P.C.
    17 Jul 2015 | 5:41 am
    Each state has laws concerning injured workers. The state of Tennessee is no different. There are certain responsibilities that every employer has to his or her employees regardless of the cause of any work injuries. Citizens must know their rights to ensure that they are not violated by unscrupulous employers. Tennessee's Workers' Compensation Act requires most employers to pay the medical bills of an injured employee. Employees do not have to pay for this benefit. Benefits are paid regardless of who caused the injury. Therefore if the employee or co-worker was the cause of the injury, the…
  • Work injury statistics

    On behalf of Wood & Carlton, P.C.
    10 Jul 2015 | 6:45 am
    Most Mississippi residents need to work to provide for themselves and their families. When an individual is injured at work, these injuries can negatively affect his or her physical and financial health. This article focuses on statistics surrounding nonfatal work injuries from the Bureau of Labor Statistics U.S. Department of Labor (BLS). In general, the incidence of nonfatal work injuries is about 109 accidents for every 10,000 full-time workers. According to the 2013 statistics, the median time away from work to recover from injuries was 8 days. In the private sector, the total days away…
  • How to appeal a Social Security Disability denial

    On behalf of Wood & Carlton, P.C.
    2 Jul 2015 | 5:55 am
    Residents of Mississippi who have suffered an injury or illness that left them totally disabled may be eligible for Social Security disability benefits. To be considered disabled, under the Social Security Administration's definition, the person must be rendered unable to perform basic work duties. The agency determines whether an individual is able to adjust to another work environment due to their medical condition. The medical condition must be expected to last for at least one year or to result in the injured person's death. Because the SSA's requirements can be strict, the agency…
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    Brett Law

  • Congratulations to the Brett Law Future Leaders Scholarship Recipient – Stephanie Ortiz Domenech!

    29 Jul 2015 | 2:50 pm
    The Brett McCandlis Brown Law Firm is happy to announce the recipient of the Brett Law Future Leaders Scholarship for the 2015-2016 academic year. Congratulations Stephanie Ortiz Domenech! Many qualified and impressive applicants from all over the country responded to this challenge. It was quite difficult to select just one recipient from this group of committed and remarkable students! Stephanie stood out based on an outstanding academic record and her heartfelt discussion of the social importance of personal injury law. We are very pleased to support her as she continues her studies at the…
  • How Washington State victims of drunk driving crashes can get financial support

    19 Mar 2015 | 2:20 pm
    Victims of drunk drivers qualify for Crime Victim Compensation financial assistance through the State of Washington if they suffered an injury or severe emotional distress resulting from a “vehicular crime.” The Crime Victims Fund is run by the Department of Labor and Industries, and claims are generally handled in the same way as workplace injury claims. Virtually any accident involving a drunk driver qualifies as a vehicular crime. Who can file for benefits? To apply for benefits, a crime victim must meet these eligibility requirements: The crime must be classified as a gross…
  • Everything you need to know to be a great trial lawyer – in 1.5 minutes

    26 Jan 2015 | 9:35 am
    01/26/2015 - 09:35You can learn everything you need to know to be a great trial lawyer in 1.5 minutes. Just watch my favorite ad from the most recent Christmas season. It has no list of product features, and no sales pitch at all – it just tells a story. Great trial lawyers don’t make arguments, they tell stories. A young black woman is sitting on the floor in a comfortable living room, flipping through a stack of old records, when she comes across a plain brown album cover labeled “Voice-O-Graph”, inscribed “To Raymond with love”, and accompanied by a photo of her then-young…
  • LAW Advocates is recognizing Street Law program volunteers with President's Pro Bono Service Award

    13 Nov 2014 | 11:39 am
    11/13/2014 - 11:39LAW Advocates, the wonderful non-profit organization that provides free legal assistance to low-income people in Whatcom County, is recognizing the volunteers of its Street Law program at the Whatcom County Bar Association meeting and luncheon on December 3. In support of this recognition, Mayor Kelli Linville has officially declared December 3 to be Street Law Day!  At the meeting, one of the Street Law volunteers will be chosen to receive the first-ever Volunteer of the Year Appreciation Award, which will include a one week's stay at a 4-star+ oceanfront resort in Puerto…
  • See Paula McCandlis' interview as a finalist for the Whatcom Women in Business Professional Woman of the Year!

    11 Nov 2014 | 3:08 pm
    11/11/2014 - 15:08Brett Murphy attorney Paula McCandlis was recently chosen as a finalist for the Whatcom Women in Business Professional Woman of the Year. Paula had a lot of fun during the preparations for the event, which was also an auction to raise funds for educational scholarships. Paula also got to meet an extraordinary group of professional women who are contributing to the strength and growth of the Whatcom County community. See Paula's video interview that she filmed as one of the finalists for this honor. While the chosen recipient of the Professional Woman of the Year was Carolyn…
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    Pardon Services Canada » Blog

  • Planning your hunting trip: A novice’s guide

    Paul Pardons
    15 Jul 2015 | 9:40 am
    Canada’s landscape is a hunter’s paradise, but for those with little to no experience, preparing for hunting season can leave your feet stuck in the mud. No other country in the world lays claim to being the premier game destination for hunters – the sport garners over $6 billion in revenues for the Canadian economy per year. Preparing for hunting season can take anywhere from a few weeks to a few months depending on your skill level, the game you wish to hunt, and the area you plan to hunt in. Here are the top five guidelines to ensure your hunting trip goes according to plan: 1. Know…
  • An American’s Guide to Fishing in Canada [Infographic]

    Paul Pardons
    2 Jul 2015 | 5:00 am
    July is already here, and that means Canada’s fishing season is in full swing! Canada is one of the top spots for fishing in the world, and it’s easy to understand why. From the Pacific Northwest Coast of British Columbia to the lakes and rivers of Ontario, Canada has great fish. People come from all over the world to see what all the buzz is about—especially our friendly neighbours from the south!   Fishing in Canada Recreational fishing is a huge industry, and Americans make up the vast majority of anglers from outside of Canada. Walleye, trout, perch, bass, and pike are…
  • Top 5 Reasons to Visit Ontario this Summer

    Paul Pardons
    1 Jun 2015 | 2:59 am
    The dog days of summer will soon be upon us, so many of us are starting to plan summer vacations – Ontario is the perfect place to visit this summer! Now, why should you spend your valuable vacation days in the province of Ontario?  The answer to that depends on what you are interested in, as there are numerous attractions appealing to all demographics. If you’re into the hustle and bustle of the city, Ontario is home to the largest metropolitan area in Canada. If you want some rest and relaxation, Ontario has abundant natural attractions and great parks to visit as well.  To get…
  • Traveling to Canada with a DUI: What you need to know

    Paul Pardons
    29 May 2015 | 3:00 am
    So you’re taking a business trip to Toronto. Or taking a fishing trip with your two boys to Northern Saskatchewan.  You arrive at the airport, enter customs, and are stopped in your tracks. The Canadian Border Services has pulled up your file, and sees the DUI conviction you had eight years ago. They immediately deny you entry to Canada on the grounds that you are “criminally inadmissible”. Unlike most other countries, which don’t consider DUIs a criminal offense, Canada’s Criminal Code deems driving under the influence of drugs or alcohol a full crime; people convicted are found…
  • How do I rent an apartment with a criminal record?

    Paul Pardons
    26 May 2015 | 10:02 am
    If you are looking for an apartment with a criminal record, there are a few things you should know. While a criminal record can hinder your chances of getting the apartment of your dreams, in Canada, there is no law that authorizes the owner of a house/apartment to do a criminal record check without the permission of the tenant.   The landlord can request a background check, however if the potential tenant refuses and does not provide written consent there is no law allowing the tenant to refuse solely based on the denial. The landlord cannot demand information from an individual, as a…
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    Truck and Bus Accident Lawyers Blog

  • Truckers Often Drive At Speeds Their Tires Cannot Handle

    Mark W. Davis
    22 Jul 2015 | 6:42 am
    How many times have you been driving on the highway and been passed by a Tractor Trailer that was going 75-80+ mph? It probably happens more frequently than you think. Why should you care? Well, beyond the obvious dangers presented by a truck moving at that speed, there is a hidden danger as well – and it comes from the truck’s tires. Many, if not most, heavy truck tires are designed for a maximum sustained speed of 75 mph. Driving a tire above its rated speed is a recipe for disaster, as the heat generated can cause the tire to break down and fail. Excessive speed has been linked to…
  • Investigation Reveals Poor Safety Record for Trucking Company Involved in Tragic Fatal Crash in Georgia

    Mark W. Davis
    24 Apr 2015 | 9:53 am
    On Wednesday, April 22, 2015, five nursing students from Georgia Southern University were tragically killed in a crash with a tractor trailer just outside of Savannah.Unfortunately, the investigation into the accident has revealed that the trucking company involved has a questionable safety/violation history. John Wayne Johnson, the 55 year old trucker from Shreveport, Louisiana, who was recently confirmed to be the tractor trailer driver involved in the Georgia crash, was driving for “Total Transportation” – a large carrier with approximately 740 trucks and 900 drivers based out…
  • FMCSA Releases Crash Accountability Study

    Bryan M. Roberts
    12 Mar 2015 | 6:46 am
    Recently, the Federal Motor Carrier Safety Administration (“FMCSA”) released a crash accountability study that focused on whether incorporating Police Accident Reports (“PARs”) in its crash fault weighting system would improve the Agency’s ability to target carriers most at-risk for crashes. The report focused on crash accountability in the FMCSA’s Compliance, Safety, Accountability (“CSA”) Program.  CSA safety is analyzed through the Safety Measurement System (“SMS”), which quantifies the safety performance of motor carriers through State-reported crash and inspection…
  • Technology Can Improve Trucking Safety

    Mark W. Davis
    3 Mar 2015 | 5:52 am
    Trucking companies now have access to technologies which can dramatically improve the safety of their operation, safe on fuel costs, and provide accurate feedback concerning the conduct of their drivers.  For example, products like “Smartdrive” utilize a multi-camera computer interface to simultaneously capture video footage of the driver’s actions within the cab of the truck and a driver’s-eye view of the path of travel, and combine it with other computer feeds from the truck itself to produce a real-time record of what is happening with any given truck.  Though such systems, a…
  • As Many As 500 New York Applicants Passed CDL Examination As a Result of Cheating Scheme

    Bryan M. Roberts
    18 Feb 2015 | 6:02 am
    Recently, three individuals pled guilty to charges arising out of a scheme to help applicants cheat on the written portion of their commercial driver’s license (“CDL”) examination.  An investigation by the U.S. Transportation Department’s Office of Inspector General, in conjunction with other federal and state law enforcement agencies, revealed fraudulent CDL test-taking activities at five New York State Department of Motor Vehicles test centers in the New York City area. According to reports, the scheme involved the use of pencils encoded with test answers, the use of Bluetooth…
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    Rhoads & Sinon Blog

  • Hollywood Gets its Big Break in Unpaid Intern Controversy

    Todd Shill
    13 Jul 2015 | 7:38 am
    On July 21, 2014, I wrote about a Blockbuster (pun intended) ruling that a group of unpaid interns who worked on the Fox Searchlight Pictures film “Black Swan” should have been paid at least minimum wage under the notorious Fair … Full article >>

    Lindsey Snaveley
    2 Jul 2015 | 9:21 am
    On July 6, 2015, the United States Department of Labor (DOL) published a highly-anticipated Notice of Proposed Rulemaking (NPRM) that seeks to revise the federal wage and overtime standards as they relate to both “white collar” and highly-compensated employees. This … Full article >>
  • When marijuana laws go to pot…

    John R.Martin
    30 Jun 2015 | 10:46 am
    To date, nearly half of all states (23), plus the District of Columbia, have legalized the use of marijuana for medical purposes. Four of those states (Colorado, Washington, Oregon, Alaska), plus the District of Columbia, have gone even further and … Full article >>
  • Employers Beware: NLRB General Counsel Issues Guidance on Employee Handbooks and Workplace Rules

    Lindsey Snaveley
    21 Apr 2015 | 11:21 am
    On March 18, 2015, the National Labor Relations Board’s (NLRB) Office of the General Counsel issued expansive guidance regarding employee handbook provisions and other workplace rules that may be violative of employees’ rights under Section 7 of the National Labor … Full article >>