• Most Topular Stories

  • Care and Feeding of the Law Firm Client

    Jim Calloway's Law Practice Tips Blog
    Jim Calloway
    12 Jun 2015 | 8:05 am
    Care and Feeding of the Law Firm Client is my Oklahoma Bar Journal column that covers the basics of forming and maintaining good client relationships. The topics range from the initial interview and retainer agreement to managing expectations and good...
  • Ohio v. Clark: The Supreme Court’s Latest Pronouncement on the Confrontation Clause

    Marquette University Law School Faculty Blog
    Michael M. O'Hear
    26 Jun 2015 | 7:28 pm
    By guaranteeing criminal defendants the right to confront their accusers, the Sixth Amendment limits the ability of the government to use hearsay evidence against defendants at trial. Importantly, though, the Confrontation Clause only limits the use of statements that are “testimonial” in nature. A pair of Supreme Court cases from 2006 clarified what makes a statement testimonial, but left an important question unanswered. Last week, the Court finally provided an answer (sort of) in Ohio v. Clark. Clark featured an unusually unsympathetic defendant who was convicted of physically abusing…
  • The Arizona Legislature Case

    Concurring Opinions
    Gerard Magliocca
    29 Jun 2015 | 9:03 am
    I was surprised by the outcome, the reasoning in the opinion, and that there were two votes (from Scalia and Thomas) to dismiss the suit for lack of standing.  In the end, I wonder if the Court should have just said “no standing” and left the status quo in place (in other words, the result would have been the same without needing to reach the merits).
  • When Jon Stewart didn’t do his job—he really made us think 

    The Jury Room
    Douglas Keene
    26 Jun 2015 | 10:18 am
    We are going to miss Jon Stewart. Even as we prepare for the return of Stephen Colbert and watch John Oliver on Last Week Tonight—Jon Stewart is the best voice of the satirical news and we will miss him immensely. Mostly, we think what puts him at the head of the class is that his satire is obviously authentic, and an expression of deeply held beliefs and unflagging sincerity. Not what you expect from a satirist, but Jon Stewart is an exceptional person, even setting aside the humor. Last week showed us just how much. Shortly after the Rachel Dolezal story, and Donald Trump’s Presidential…
  • 2nd Circuit OKs verdict against Apple in $450M e-book price-fixing case

    ABA Journal Daily News
    30 Jun 2015 | 1:30 pm
    A divided federal appeals court Tuesday upheld a 2013 antitrust verdict against Apple Inc. It centers on the company’s participation in a price-fixing conspiracy concerning…
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    Law Blog

  • Dewey Defense: Everyone Sends Embarrassing Emails

    Sara Randazzo
    30 Jun 2015 | 10:57 am
    As the Dewey & LeBoeuf LLP trial plods into its sixth week, e-mails continue to play a key role. This week, an attorney for one of Dewey's former leaders took a witness down memory lane to relive some off-the-cuff e-mails he sent.
  • Judge Kozinski: Time to Rein in Prosecutors

    Jacob Gershman
    30 Jun 2015 | 9:53 am
    If you could look beneath the blindfold worn by Lady Justice, would her eyes be closed? One of the nation's most influential judges suggests she would be giving a wink to prosecutors seated across from the defendant.
  • Apple Loses Appeal in E-Book Price-Fixing Case

    Jacob Gershman
    30 Jun 2015 | 7:54 am
    The judge who found that Apple Inc. illegally conspired with e-book publishers made the right call, a federal appeals court ruled Tuesday.
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  • Court “Deactivates” Attempt to Hide Social Media Information From Discovery

    Elijah Yip
    17 Jun 2015 | 4:04 pm
    Have you ever been tempted to delete a social media message you posted that exposes you or your company to liability? That post that seemed like a harmless joke but now could turn into evidence in a wrongful termination lawsuit. Or that photo that could cast you in an unflattering light. If it ever crossed your mind that no one will notice if you simply pressed the “delete” button, here’s a case illustrating why succumbing to the temptation doesn’t end well. In Crowe v. Marquette Transportation Company, Gulf-Inland, LLC, 2015 WL 254633 (E.D. La. Jan. 20, 2015), Brannon Crowe sued his…
  • Bargaining After the Breach – NLRB says failure to engage in collective bargaining over data breach remedies violates federal law

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

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

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

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

    Walter Olson
    30 Jun 2015 | 3:20 am
    James (Whitey) Bulger, former Boston crime kingpin: “Advice is a cheap commodity. Some seek it from me about crime. I know only one thing for sure: If you want to make crime pay go to law school.” [New York Times via Paul Caron] Tags: law schools, lawyers Unwanted endorsements dept. is a post from Overlawyered - Chronicling the high cost of our legal system
  • What Anthony Kennedy could have learned from Brown v. Board

    Walter Olson
    29 Jun 2015 | 9:18 pm
    Go for clarity rather than depth of feeling, advises Paul Horwitz [PrawfsBlawg] Re: AMK’s revival of substantive due process, warns John McGinnis, libertarians should be careful what they wish for [Law and Liberty] Tags: judges, same-sex marriage, Supreme Court What Anthony Kennedy could have learned from Brown v. Board is a post from Overlawyered - Chronicling the high cost of our legal system
  • Forfeiture roundup

    Walter Olson
    29 Jun 2015 | 9:05 pm
    How does your state rank on asset forfeiture laws? [Michael Greibok, FreedomWorks via Scott Shackford] Maryland delegate alleges that vetoed bill “would have made it easier for criminals to get their forfeited property back,” seemingly unaware that it focused on rights of owners *not* found guilty of anything [Haven Shoemaker, Carroll County Times] Arizona counties said to have nearly free rein in spending money [Arizona Republic via Coyote] I took part last week in a panel discussion in Washington, D.C. on civil asset forfeiture, sponsored by Right on Crime, and it went very well…
  • “The Menu Labeling Morass”

    Walter Olson
    29 Jun 2015 | 12:18 pm
    “The FDA may soon have the power to criminally charge restaurant owners who fail to publicly post calorie information on menus.” New Cato podcast with Ike Brannon, discussing his article with Sam Batkins in the Summer edition of Regulation. Earlier here, here, here, here, and here. Tags: FDA, ObamaCare, obesity, restaurants “The Menu Labeling Morass” is a post from Overlawyered - Chronicling the high cost of our legal system
  • Suit over outside-Mississippi adultery turns on awareness of boyfriend’s domicile

    Walter Olson
    28 Jun 2015 | 9:15 pm
    Mississippi, along with North Carolina, has preserved the tort of “alienation of affections,” which enables lawsuits by married persons against a spouse’s lover for undermining a marriage. Exercising long-arm jurisdiction, it even allows suits against alleged paramours who have never set foot in Mississippi but (it is claimed) engaged in trysts with a married Mississippian outside the state. In a recent case, however, the Mississippi Supreme Court ruled 7-2 that a woman sued under the law could move to dismiss the case for lack of personal jurisdiction on the grounds that…
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    Solo Practice University®

  • Lawyers Hating on Lawyers

    Susan Cartier Liebel
    30 Jun 2015 | 4:00 am
    For the most part, lawyers, especially the more seasoned lawyers, are always pleasant and professional outside the courthouse. Do lawyers battle inside? Of course, but it is usually nothing other than showmanship in front of the judge and as soon as they leave they are cordial and pleasant and professional. Sometimes the clients didn't understand lawyers can still be advocating for them but they don't have to 'hate' the other side in order to make their case. Written by Susan Cartier Liebel
  • The Aftermath of Cyberbullying and The Role We All Play As Lawyers

    Susan Cartier Liebel
    29 Jun 2015 | 5:00 am
    I’ve seen highly respected lawyers with well-read blogs deliberately destroy younger and more vulnerable lawyers knowing full well their comments will impact their target’s long term reputation and be a permanent fixture on their digital resume. I've seen a lot of lawyer-on-lawyer ugly in the past eight years.Written by Susan Cartier Liebel
  • Protecting Your Bottom Line: Part 2 – Getting Paid

    Haley Austin
    25 Jun 2015 | 5:00 am
    While there is no sure fire way to avoid deadbeat clients or prevent client’s from stiffing you on your bills, there are ways to reduce the likelihood of this happening. Written by Haley Austin
  • Protecting Your Bottom Line: Part 1- Choosing Clients

    Haley Austin
    23 Jun 2015 | 5:30 am
    In any service business, your bottom line is dependent on clients and client behavior. This is particularly true for lawyers, whose sole business is serving clients. Written by Haley Austin
  • A Bittersweet Father’s Day

    Susan Cartier Liebel
    21 Jun 2015 | 5:30 am
    My father was a huge supporter of my dream to build Solo Practice University. My biggest fan. A little over two months ago, my Dad died suddenly from a (undiagnosed) burst aortic aneurysm. He died just 13 days shy of his 83rd birthday. It doesn't feel right not to share some words which will remain in the digital ether forever, especially on this first father's day without his physical presence.Written by Susan Cartier Liebel
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    Above the Law

  • Summer Associate Allegedly Dismissed Over Wild Incident With Cocaine, Hookers

    Staci Zaretsky
    30 Jun 2015 | 2:25 pm
    This is definitely a welcome vision from the halcyon Biglaw days of yore.
  • Non-Sequiturs: 06.30.15

    Joe Patrice
    30 Jun 2015 | 2:02 pm
    * Justice Kennedy's writing style... maybe it's a little over the top. [PrawfsBlawg] * If you're looking for representation at the Supreme Court, go small. [Law360 (sub. req.)] * Marriage equality is only one more step for activists. Next up, fair housing and overall equality. Perhaps on the housing case, we'll get to hear Justice Thomas make some tone-deaf claim about how there's no need for protection from housing discrimination because gays are overrepresented on Bravo. [RH Reality Check] * Don't like the Supreme Court's ruling in Obergefell? Why propose a constitutional amendment when you…
  • Does Social Media Do Any Good At All In Marketing?

    Jeff Bennion
    30 Jun 2015 | 1:20 pm
    Technology columnist Jeff Bennion walks through the different social-media platforms... and expresses skepticism.
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    Simple Justice

  • Disrespectful, Discourteous & Annoying? Bummer

    30 Jun 2015 | 5:08 am
    Like the ends of a vise squeezing, squeezing the delicate ears of the middle of our great nation, the highest courts in Washington State and New York have confirmed what should never have been a question: cursing at a cop is not a crime. Upholding a minor’s First Amendment rights, the Supreme Court of Washington overturned “E.J.J.’s” conviction for obstruction when he yelled curses at police as they arrested his sister for intoxication: “While E.J.J.’s words may have been disrespectful, discourteous and annoying, they are nonetheless constitutionally protected,”…
  • False Rape Accusations: Is There A Consensus?

    29 Jun 2015 | 5:14 am
    When Dara Lind wrote at Vox that there was finally a consensus, it was a huge and critical point of dispute lifted off the discussion.  After all, among the various problems confronting the discussion of whether there is an “epidemic” of rape and sexual assault, most notably on college campuses, but in broader society as well, one of the backlash fears is that the evisceration of due process and shifting of burdens onto the accused is a terrible thing. But how terrible?  The response of proponents of extreme change to grossly favor rape accusers was that false rape accusations…
  • Stop It, For The Children

    29 Jun 2015 | 4:04 am
    Not only do car chases look really cool in movies, but they rarely end with innocent children being killed by a police cruiser.  Not so in real life. Not so in Detroit. “[The police] were right on their rear, the police car bumped their tail a little bit, and the car flew up in the air,” the friend said. “There was no need for the police to be that close. I yelled ‘WATCH OUT’ but it was too late. When the car hit them, both of them just looked at me. They screamed. It just keeps re-playing in my head.” Two children were dead. Makiah Jackson (L’il Mama), 3, and her brother…
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    Law and Magic Blog

  • 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.
  • A NY Detective Discusses Psychics and Their Clients

    25 Jun 2015 | 11:40 am
    For the New York Times, Michael Wilson interviews long-time New York City detective Michael McFadden on the subject of psychics, people who visit psychics, and the reasons they visit them. Writes Mr. Wilson, In fairness to honest psychics, [Detective McFadden] did not suggest that every psychic has criminal intent. But he knows more about the ones who do. He said fraud schemes like the one Ms. Delmaro is accused of running were not uncommon, and probably more widespread than anyone knew — although they typically involved smaller amounts. Victims feel duped and ashamed and don’t always…
  • Law and the Supernatural: A Newly Published Volume From a 2013 Conference

    12 Jun 2015 | 12:20 pm
    From the mailbox: I've received a copy, courtesy of the authors and publisher, of the wonderful Droit et surnaturel (Issy-les-Moulineaux: lextenso, 2015), edited by Jean-Christophe Roda, a professor of law at the University of Aix-Marseille. This volume collects the papers from a conference held jointly by the University of Aix-Marseille, Centre de Droit economique and the School of Law, University of Aix-en-Provence, September 27, 2013. It contains 2 introductory surveys and 10 essays by leading scholars on various areas in the subject of law and magic: here's what it contains--law…
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    What About Paris?

  • Double Bridge Publishing: Dennis Maley's "A Long Road Home"

    JD Hull
    28 Jun 2015 | 2:05 am
    Crowdsourcing publisher Double Bridge Publishing was launched less than a year ago by Washington, D.C. businessman Richard O'Brien. A Long Road Home, a first novel by longtime journalist Dennis Maley, is one of six new titles O'Brien's upstart company has out this summer. Set initially in Savannah, Georgia, Maley's is a coming of age story featuring Jenny Harris, an ambitious but struggling young singer who, after losing her mother to cancer, find herself more alone, lost and unsure of herself than ever. Jenny unexpectedly meets her biological father, the debauched and isolated Irish-American…
  • Duke University's The Chronicle, October 23, 1974: “Thompson, Audience Clash in Page Chaos"

    JD Hull
    26 Jun 2015 | 10:09 am
    Editor's Note: The following is a verbatim reproduction of an article appearing in The Chronicle, Duke University's student daily on October 23, 1974. Page Auditorium is on Duke's West campus. Thompson, Audience Clash in Page Chaos By Dan Hull "Is there any coherence in this thing? I feel like I'm in a fucking slaughterhouse in Chicago early in the morning." DURHAM, N.C.--In a pathetic attempt to slide something coherent through his staccato mumble, Gonzo journalist Dr. Hunter S. Thompson was met last night at Page Auditorium with a bevy of jeers, curses, and a request by the Duke University…
  • Dog Days: Maddeningly hot with increasing existential dread by Wednesday.

    JD Hull
    24 Jun 2015 | 2:53 pm
    We're still a week away from the hot weather period between July 1 and August 15 that early Greeks and Romans roughly 25 centuries ago named after the Dog Star, or Sirius, the brightest star in the heavens. But this week and last week, which covers mid-to-late June 2015, we think cities across the globe with temperatures in the 90s may qualify early for Dog Star/Sirius status with little difficulty. Be reminded, however, that the "dog days of summer" coming early this year isn't just about the heat. You feeling okay there, Jack? If you are uncomfortable due to the heat and humidity alone, no…
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    Legal Juice

  • Hmm. Do You Believe The Deputy Or The Video?

    John Mesirow
    29 Jun 2015 | 9:07 pm
    Back in the time before there were CDs and DVDs, there was videotape. There was also a sportscaster named Warner Wolf whose catch phrase was “Let’s go to the videotape.” Well, if they do that here, this gent’s chances aren’t looking too good. As reported by A corrections deputy charged with misdemeanor battery on an Indian River County Jail inmate has been fired, but he’s seeking his job back, officials at the Sheriff’s Office said. Mario Pratt was placed on administrative leave Nov. 21 when he was charged with pepper spraying an inmate without…
  • Can You Burgle Yourself?

    John Mesirow
    28 Jun 2015 | 9:14 pm
    The Juice is a personal injury lawyer, not a criminal lawyer. Nevertheless, it’s obvious that you can’t steal your own stuff. But you can fake a burglary. The question is, why would you? As reported by The New Hampshire Union Leader: Police said they responded to the 11 Cranberry Lane home of Theresa Cantella, 25, on Jan. 15 and found her lying at the bottom of a flight of stairs. She said she suffered injuries after interrupting a burglary and was assaulted by an intruder. Police said in a release that a subsequent investigation did not match evidence at the scene with…
  • Dude! This Is How You Come To Court?

    John Mesirow
    27 Jun 2015 | 9:07 pm
    Malcolm Williams came to the Houston County Courthouse to pay some fines and to report to his probation officer. When he emptied his pockets before going through the metal detector, as reported in the Dothan Eagle: …out spilled two baggies of marijuana along with a wad of cash and a cell phone. Doh! And you know what else he had on him? A pocket knife and rolling paper. Oops. Deputies tased him, but it didn’t work because of his clothing. Mr. Williams was otherwise subdued and taken into custody, where he is looking at not just probation violation, but a few new charges too.
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    Ask the Lawyer @ Dear Esq.

  • Is My Neighbor Liable For Damage To My Property?

    House Attorney
    29 Jun 2015 | 10:52 pm
    I believe my neighbor broke my original drain tile when he installed a fence on our properly line. This was about 5 years ago but I just discovered that my flooding issue, which started when he put up his fence, is probably a result of breakage that occurred when he dug the holes for his new fence.
  • Does The Township Owe Me Money For The Easement?

    House Attorney
    27 Jun 2015 | 1:56 pm
    My township is putting in a public water system which I opposed. They are proposing to run the water lines in front of my property and are wanting me to sign a document granting them a perpetual 20 foot easement to maintain the lines.
  • Does My Husband Have To Pay Child Support Arrears?

    House Attorney
    25 Jun 2015 | 6:15 am
    My husband and I have a temporary court order in place. He was ordered to pay alimony and child support. My husband is now arrears and we have decided to get back together.
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  • Hobby Lobby’s Bitter Anniversary

    Nelson Tebbe
    30 Jun 2015 | 12:52 pm
    Nelson Tebbe, Richard Schragger, and Micah SchwartzmanA year ago today, the Supreme Court handed down Hobby Lobby. There, famously, the Court extended a religion accommodation to a business corporation, freeing it from the legal obligation to include coverage for certain contraceptives in its employee health plan. At the time, the Court strongly implied that the impact on employees would be “precisely zero.” Yet today, a full year after the Court issued that statement, Hobby Lobby’s employees are still not receiving coverage. As we explained in a previous post, the Obama Administration…
  • The Kennedy Problem

    Jason Mazzone
    30 Jun 2015 | 9:30 am
    Over at Concurring Opinions Ronald Collins asks why none of the four "liberal" justices wrote a separate concurring opinion in Obergefell and he notes the same phenomenon in Romer, Lawrence, and Windsor. I have a theory. My guess is that there has long been in place an agreement among the "liberal" justices not to do anything that might upset Kennedy in hot-button cases in which he is in their camp and has taken the majority opinion for himself. A concurring opinion that tilts further left than Kennedy's own opinion risks his rethinking his vote: thus it is best not to write anything at…
  • Gay rights, religious accommodations, and antidiscrimination law

    Andrew Koppelman
    30 Jun 2015 | 5:05 am
    A symposium on "Religious Accommodations in the Age of Civil Rights" has just been published in the Southern California Law Review.  My contribution,"Gay Rights, Religious Accommodations, and the Purposes of Antidiscrimination Law," is available here.  This is the abstract:Religious conservatives feel that it would be sinful for them to personally facilitate same-sex marriages, and they have sought to amend the laws to accommodate their objections. These efforts have been fiercely resisted. The resistance is largely unnecessary. Gay rights advocates have misconceived the tort of…
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    Concurring Opinions

  • Death Penalty Free Riding

    Gerard Magliocca
    30 Jun 2015 | 7:02 pm
    With the constitutional debate on the death penalty now back on, I want to make an observation about that punishment that flows from the recently completed Boston Marathon bomber trial. It seems to me that the DOJ’s decision to seek the death penalty in a state that does not have capital punishment sets a precedent that could undermine that regime nationwide.  Suppose you’re in a state that is thinking about getting rid of the death penalty.  A good reply to that idea is that every once in a while there is a really heinous crime that merits a death sentence.  (The alleged…
  • The Arizona Legislature Case

    Gerard Magliocca
    29 Jun 2015 | 9:03 am
    I was surprised by the outcome, the reasoning in the opinion, and that there were two votes (from Scalia and Thomas) to dismiss the suit for lack of standing.  In the end, I wonder if the Court should have just said “no standing” and left the status quo in place (in other words, the result would have been the same without needing to reach the merits).
  • Revisiting Capital Punishment

    Gerard Magliocca
    29 Jun 2015 | 8:54 am
    I want to go through the opinions on the three-drug protocol more carefully, but I will say that I’m not persuaded (and never have been) that the death penalty is unconstitutional across the board.  Whether the states or the federal government should choose to have the death penalty is a different matter, but I think Justice Scalia has the better of the constitutional argument with Justice Breyer. I wonder if this means that Breyer and Ginsburg, like Brennan and Marshall before them, will dissent in every new death penalty case.  Or is there a distinction between asking for briefing…
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    Sui Generis-a New York Law Blog

  • 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…
  • New York State Bar on virtual law practices

    10 Jun 2015 | 6:53 am
    This week's Daily Record column is entitled "New York State Bar on virtual law practices."  My past Daily Record articles can be accessed here. New York State Bar on virtual law practices   Last week I discussed Schoenefeld v. State of New York, 25 N.Y.3d 22. In that case, the New York Court of Appeals interpreted the bona fide office rule as it relates to New York lawyers seeking to practice law from a virtual office, where the lawyer is located outside of the state. The court concluded that the clear language of New York’s bona fide office rule required “nonresident attorneys to…
  • NY Court of Appeals on bona fide office requirement

    4 Jun 2015 | 11:49 am
    This week's Daily Record column is entitled "NY Court of Appeals on bona fide office requirement ."  My past Daily Record articles can be accessed here. NY Court of Appeals on bona fide office requirement  As the practice of law changes and technology makes it easier than ever to practice law from anywhere, states are being forced to grapple with the issue of virtual lawyers and the bona fide office requirement that exists in many states. This rule requires that lawyers have a physical office in the state in which they would like to practice. So lawyers with virtual practices who live…
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    Deco VentureDeco Venture

  • Home Crafting

    9 Jun 2015 | 9:22 pm
    The post Home Crafting appeared first on Deco Venture.
  • The Air Mattress: Our Camping Compromise

    21 May 2015 | 9:40 pm
    My husband and I have been married for 12 years now — it’s kind of hard to believe that it’s been so long, really — and we have had our share of arguments over the years. Our most recent argument actually got more heated than I would like to admit, and I think that many of you will think that the topic was rather silly. We argued about air mattresses. Yes, you read that right. The big blow-up fight that my husband and I had last week was about air mattresses. You see, my husband is an outdoors type of man. If he could make a living from fishing, hiking and doing other…
  • How Can You Choose the Perfect But Cheap Sewing Machine for Yourself?

    15 Mar 2015 | 2:44 am
    It really does not matter whether you are just a beginner with a sewing machine or the whiz kid seamstress who can make anything out of that sewing machine you laid your hands on. Now wondering how to do that! Well, I am here with a solution for you. It is important that you choose your sewing machine properly so that you can get the best output from it. It is a tricky and challenging affair to find the perfect and suitable sewing machine as per your expertise and requirement. Sewing machines are available in plenty if you search for it. They are available in shops, online shopping portals,…
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  • Family Film Blogging: Inside Out

    Christine Hurt
    29 Jun 2015 | 1:38 pm
    I'm rarely in on anything cool, but two weeks ago, my seven year-old and I stumbled upon a "sneak preview" of Disney/Pixar's Inside Out, with commentary.  We even got lanyards.  My former colleague and movie friend Kenworthey Bilz joined us, so we had an actual psychologist with us.  We all loved it. I had seen the trailer, and quite frankly, I didn't really understand what the movie was about.  Now, I think I have it.  Riley, an eleven year-old girl, moves with her parents from Minnesota to San Francisco.  Riley's emotions, personality, thoughts, and behaviors are guided by five main…
  • Law And Custom On The Federal Open Markets Committee

    David Zaring
    29 Jun 2015 | 11:23 am
    My article on the administrative law and practice of the FOMC is available on SSRN, and has come out as part of a great symposium in Law and Contemporary Problems, with articles by Jim Cox, John Coates, Kate Judge, and many other people smarter than me.  Do give the paper a download, and let me know what you think.  Here's the abstract: The Federal Open Market Committee (FOMC), which controls the supply of money in the United States, may be the country’s most important agency. But there has been no effort to come to grips with its administrative law; this article seeks to redress that…
  • Family Film Blogging (Summer Blockbuster Edition): Jurassic World

    Christine Hurt
    29 Jun 2015 | 10:53 am
    I have a lot of reviewing-catching up to do.  Two weeks ago, I took eight children (only two were mine) to see Jurassic World.  I am still reeling with its awesomeness! So, you may have seen some reviews that say that the movie (i) has no plot or no good plot; (ii) is merely a special effects vehicle; and (iii) is merely a product placement vehicle.  I will address these claims in order. First, the movie has a plot, though it is not well-developed.  Claire (Bryce Dallas Howard) works at the Jurassic World theme park, which is built on the site (island) of the original Jurassic Park.
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    Ms. JD Blog

  • 6 Take-Aways From Stand Up: Taking Leadership Initiative to Accelerate Your Career

    25 Jun 2015 | 8:41 am
    On Monday June 22nd I had the pleasure of listening to Professor Scott Westfahl, Faculty Director of Harvard Law School Executive Education as he shared his advice on taking leadership roles and achieving success. Here are 6 take-aways from the event: 1. Find your leadership style. There isn’t one specific way to be a good leader. Your leadership style will be affected by your personality and your skills. Pick a leadership style that you feel most comfortable with and make sure it aligns with what you’re best at and what you love to do. And don’t be afraid to change the way…
  • Hoping to apply to law school early? What actually is early?

    24 Jun 2015 | 1:19 pm
    Many people know that law schools use a rolling admissions process, which means that schools consider applicants in batches as the applications arrive. Thus, when an application comes in at the beginning of the application period (in the fall of each year), there are the fewest number of competing applications completed and the greatest number of available spaces in the class. As time goes on, more applications come in, and towards the end, there are the greatest number of applications completed but far fewer spaces remaining in the class. Thus, there is a significant advantage to applying as…
  • Recap: Stand Up: Taking Leadership Initiative to Accelerate Your Career

    24 Jun 2015 | 11:52 am
    If you couldn't tune in to Ms JD and Paul Hasting's national event Stand Up: Taking Leadership Initiative to Accelerate Your Career, check out the recap below to see what you missed!     [View the story "Recap: Stand Up: Taking Leadership Initiative to Accelerate Your Career, a national event with Paul Hastings" on Storify]  
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    Legal Profession Blog

  • Unappealing Conduct Leads To Suspension

    Legal Profession Prof
    30 Jun 2015 | 12:59 pm
    An attorney who had "essentially abandoned" a client in a civil matter before the Maryland Court of Appeals was suspended for 30 days by the state's Court of Appeals. Respondent, a member of the Bar of Maryland, agreed to represent...
  • Bristol Stomp

    Legal Profession Prof
    30 Jun 2015 | 8:19 am
    A Virginia attorney has consented to license revocation in the wake of a recent criminal conviction The Bristol Herald Courier had this report on the crimes Hutchinson, a bankruptcy attorney, worked for a law firm in Bristol, Virginia. After the...
  • Debt Collection Regulations Apply To New York Attorneys

    Legal Profession Prof
    30 Jun 2015 | 6:41 am
    The New York Court of Appeals has held that debt collection laws apply to attorneys Plaintiffs, law firms involved in debt collection, commenced this action in federal district court to challenge certain amendments to the New York City Administrative Code...
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    China Law Blog

  • China Entertainment Contracts, 101

    <a href=''>Mathew Alderson</a>
    30 Jun 2015 | 10:23 am
    Make sure that your entertainment contracts are tailored to work in China. I touched on this topic during my recent webinar for the China-Britain Business Council about China Film Intellectual Property. Most of my comments apply equally to all industries, not just the film industry. Chinese contracts are usually simpler and shorter than contracts used in the West. The specialized vocabulary taken for granted in Western film contracts is still emerging in China contracts, so commonly used expressions or concepts may be misunderstood or simply inapplicable. A Chinese businessperson is less…
  • China Foreign Investment in the U.S.: Beware of Easy Money

    <a href=''>Steve Dickinson</a>
    29 Jun 2015 | 4:19 pm
    China is now the world’s third largest overseas foreign investor, behind only the United States and Japan. With the inception of China’s “Go Global Campaign” in the early 2000s, in just 10 years Chinese Overseas Foreign Direct Investment (OFDI) has grown from a mere trickle to an estimated $120 billion in 2014. Within two years, it is estimated that Chinese outbound foreign investment will exceed inbound investment in China. Some Chinese government agencies estimate that total OFDI from China will exceed two trillion U.S. dollars by 2020. Contrary to popular belief, taking…
  • BREAKING NEWS: Leading China International School Lays Off Employees. PART 2

    <a href=''>Dan Harris</a>
    28 Jun 2015 | 7:45 am
    We now return you to our regularly scheduled China programming. On June 10, I wrote a post about how there had been a major reduction in force at a leading China International School. The purpose of that post, BREAKING NEWS: Leading China International School Lays Off Employees, was to generate discussion as to how China’s international economy is impacting expats in China. My theory was that the layoffs at this prominent school were a reflection of what is happening in the expat community as a whole. When I published that post, I was confident that a number of employees at a…
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    Patently-O » Patent

  • Kessler Doctrine Cuts-Short Customer Lawsuit

    Dennis Crouch
    30 Jun 2015 | 8:16 pm
    SpeedTrack v. Office Depot (Fed. Cir. 2015) In a civil procedure focused decision, the Federal Circuit has affirmed that SpeedTrack’s infringement action is precluded under an expanded version of the “Kessler doctrine” originally created by the Supreme Court in Kessler v. Eldred, 206 U.S. 285 (1907).  As interpreted by the Federal Circuit, Kessler generally operates to preclude “a patent infringement action against a customer of a seller who has previously prevailed against the patentee because of invalidity or noninfringement of the patent.” Quoting MGA, Inc.
  • Supreme Court Slows its Patent Law Jurisprudence?

    Dennis Crouch
    29 Jun 2015 | 9:12 am
    The Supreme Court had denied petitions for certiorari in three IP cases out of the Federal Circuit: Google v. Oracle (Federal Circuit held that the Java API naming scheme was copyrightable and not an ineligible “system or method of operation”). Google v. Vederi (Federal Circuit held that an amendment during prosecution to overcome a rejection need not be “strictly construed against the applicant”). Ultramercial v. WildTangent (Federal Circuit held the patented method of distributing media content with advertising to be a patent ineligible abstract idea). Apart…
  • Guest Post: Keys to Success of the Florida Patent Pro Bono Program

    Dennis Crouch
    28 Jun 2015 | 9:51 pm
    Guest Post by Jennifer McDowell, USPTO Pro Bono Program Coordinator and Courtney Caliendo, Florida Patent Pro Bono Program Manager Florida may have been among the last states to offer Patent Pro Bono services to qualified inventors and small businesses, but it was also among the quickest to launch. The United States Patent and Trademark Office (USPTO) identified the Institute for Commercialization of Public Research (Florida Institute) as a potential statewide program coordinator in January 2015, finalized a partnership agreement in March, and Florida Patent Pro Bono (FloBonoSM) officially…
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    Patent Baristas

  • Indie Comedy Film ‘Trolls’ Takes on Patent Trolls

    Stephen Jenei
    22 Jun 2015 | 9:49 am
    A new film, tentatively entitled ‘TROLLS‘, is currently in pre-production and into fundraising on Indiegogo.  Apparently, the film is a feature length comedy (comedy? really?) about start-ups, crowdfunding, and patent trolls. Understandably, the working title of Patent Assertion Entities! was probably not such a great idea.  Whether or not you believe that patent trolls are (quote) an ugly, stinky zit on the face of the American legal system (unquote), I have to applaud their moxie. From Indiegogo: Filmmakers in Austin, TX are using crowdfunding to bring their new comedy film…
  • USPTO Releases Enhancements to Private PAIR

    Stephen Jenei
    15 Jun 2015 | 11:28 am
    ADVISORY (13Jun2015) USPTO Announces Enhancements to Private PAIR Beginning on June 13, 2015, users will notice several new Private PAIR features that will allow users to self-administer a number of routine administrative tasks that previously required the submission of a paper form.  These requests will be processed immediately. The enhancements include the ability to submit entity status changes, create new customer numbers, submit correspondence and/or maintenance fee address changes, and view saved or submitted requests.  The Address & Attorney/Agent tab has also been enhanced to…
  • Q&A with Matt Cutler on the Protecting American Talent and Entrepreneurship Act

    Stephen Jenei
    27 May 2015 | 10:17 am
    Today we talk with Matt Cutler, a principal at Harness Dickey, about the Protecting American Talent and Entrepreneurship Act (PATENT Act) of 2015.  The 55-page PATENT Act is an attempt to make reforms to stop abusive patent litigation practices. It is the first patent reform bill to have bipartisan support.  (See the contents of S. 1137 here.) Patent Baristas: You are currently with Harness Dickey specializing in intellectual property litigation and Inter Partes Review and Post-Grant Review proceedings before the Patent Trial and Appeal Board at the USPTO.  Can you tell me a little…
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    Religion Clause

  • Supreme Court Orders Stay of Sorts In Non-Profit Contraceptive Mandate Case

    Howard Friedman
    30 Jun 2015 | 5:37 am
    In Zubik v. Buwell, the U.S. 3rd Circuit Court of Appeals upheld the Obama Administration's rules accommodating the Affordable Care Act contraceptive coverage mandate to religious non-profits. (See prior posting.)  Plaintiffs sought a stay from the Supreme Court, and in April Justice Alito issued an order temporarily staying the mandate as to the Catholic Diocese of Erie and the Catholic Diocese of Pittsburgh along with affiliated charities and schools in the two dioceses (See prior posting.) He then referred the plaintiffs' motion to the full Court, and yesterday the…
  • School District Settles Anti-Semitic Harassment Claims For $4.48M

    Howard Friedman
    30 Jun 2015 | 4:05 am
    The New York Times reported yesterday that upstate New York's Pine Bush School District has agreed to a $4.48 million settlement in a suit against it by five current and former Jewish students who claimed pervasive anti-Semitism. The suit claimed that school officials showed deliberate indifference to anti-Semitic harassment from fellow-students in 3 of the district's schools.  The settlement also calls for teacher and staff training on recognizing and reporting anti-Semitism, revision of policies on bullying and discrimination, and curricular reform. (See prior related posting.)
  • Colorado Supreme Court Invalidates Choice Scholarship Pilot Program

    Howard Friedman
    30 Jun 2015 | 4:00 am
    In a fragmented decision in Taxpayers for Public Education v. Douglas County School District, (CO Sup. Ct., June 29, 2015), the Colorado Supreme Court struck down Douglas County's elaborate Choice Scholarship Pilot Program. The Program creates a public Choice Scholarship Charter School to which  public funds are paid.  Then through scholarship awards 75% of those funds are shared with the Charter School student's Private School Partner (often a religiously sponsored institution) which is the student's actual school.Chief Justice Rice wrote the Court's plurality opinion for 3…
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    Ron Coleman
    28 Jun 2015 | 8:50 am
    Hackensack, NJ office of Archer & Greiner, PC It’s been pretty busy for me since I moved to Archer & Greiner, PC, so I haven’t blogged all that much lately.  And, after all, blogging is dead anyway, except for maybe 25 or so blogs, right? Well, at least there’s microblogging, which I’ve tried to keep doing on Twitter.  As it turns out, I drive 20 minutes to work now instead of spending an hour or two a day on buses or trains.  The down side of that lifestyle improvement is that I used to do most of my topical tweeting while commuting,  But what’s…
  • Friends of the court, friends of the First Amendment

    Ron Coleman
    19 Jun 2015 | 12:13 pm
    The approved and publishable amicus briefs in the appeal regarding the trademark registration of THE SLANTS are trickling in. Certainly interesting to see who is saying what.  So far, they all seem to be on the side of The Slants, though interestingly the INTA amicus brief does not take a position on the First Amendment issue (maybe because that’s usually a subject raised by defendants in infringement cases?) but instead addresses, as is appropriate given INTA’s level of trademark expertise, the issue of 43(a) of the Lanham Act.  INTA urges, understandably, that the…
  • IP piggies

    Ron Coleman
    12 Jun 2015 | 6:15 am
    Originally posted 2008-01-30 20:27:13. Republished by Blog Post PromoterArs Technica: Not content with the current (and already massive) statutory damages allowed under copyright law, the RIAA is pushing to expand the provision. The issue is compilations, which now are treated as a single work. In the RIAA’s perfect world, each copied track would count as a separate act of infringement, meaning that a copying a ten-song CD even one time could end up costing a defendant $1.5 million if done willfully. Sound fair? Proportional? Necessary? Not really, but that doesn’t mean it…
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    Grits for Breakfast

  • On forensic oversight, backlogs, and prospects for revenge-porn statute's constitutionality

    30 Jun 2015 | 5:25 am
    As I head out of town again for a couple of days, here are a few items which merit Grits readers attention:Anthony Graves' appointment to the Houston crime lab board has been making headlines. Perhaps just as significant, his attorney Nicole Casaraz who secured his exoneration will replace Scott Hochberg as the board chair. That's an unusual profile for a crime lab, particularly one whose management was recently made independent of the police department. Congrats to both of them!The 5th Circuit Court of Appeals reinstated a lawsuit by two former Houston crime lab employees (from when it was…
  • Official planning to reduce pretrial detention

    30 Jun 2015 | 4:23 am
    While attention nationally has been focused on creative solutions to pretrial detention at Rikers Island, a number of advocates I know have already been abuzz about this Texas news reported in the Houston Chronicle (June 28): "Earlier this month, Nathan Hecht, the Chief Justice of the Texas Supreme Court, announced the creation of a committee to study the issue for the Texas Judicial Council, the policy-making body for the state judiciary. Depending on the results, they may throw their support behind changes in the next legislative session."Meanwhile, in Houston earlier this month, the…
  • What next to reform grand juries now that pick-a-pal is no more?

    28 Jun 2015 | 4:51 am
    With Texas eliminating its pick-a-pal grand jury system during the 84th legislative session and Alfred Brown walking off of death row a free man following revelations of grand jury misconduct, I asked Amanda Marzullo, Policy Director for the Texas Defender Service, to visit with me about the implications of Texas' new reform and what remains to be done. Listen to the interview below and find the full conversation transcribed below the jump.Texas Grand Jury Reforms: Next steps now that pick-a-pal is no more Scott Henson:       This is Scott Henson with a…
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    Drug and Device Law

  • Unfortunately Disappointing 3D Printing Law Review Article

    30 Jun 2015 | 6:32 am
    We’ve blogged before about the interesting product liability issues created by 3D printing/additive manufacturing, in particular the novel separation that these techniques create (at least potentially) between “manufacturing” and “design” of products.  With respect to medical devices, if an implant is custom produced from equipment owned by, and located at, the hospital where the surgery is conducted, who’s the manufacturer for product liability purposes if, say, the implant fails in some way?  Our prior post provided some legal analogies that we thought might be…
  • A “Too Old” OTC Product Does Not A Class Action Make

    Rachel B. Weil
    29 Jun 2015 | 11:16 am
    This past weekend, we attended a fundraising 5K race organized by a friend who lives with a form of muscular dystrophy.   We volunteered to photograph the event, because the usual photographer was not able to attend.   And so, we didn’t run – something we used to do, if the definition is expanded to include a shuffle befitting Tim Conway’s character on The Carol Burnett Show.  Instead, we stood at the start line, snapping pictures and gazing longingly at the runners disappearing down the path.  Observing our misty countenance, a friend asked us why we…
  • Check-Out Time at the Hotel California?

    Steven Boranian
    26 Jun 2015 | 11:30 am
    We love our home state of California, but we have long bemoaned the widespread practice of what we call litigation tourism.  That is where unrelated plaintiffs, sometimes thousands of them, from all corners of the U.S. join together in mass complaints filed in California state court.  For whatever reason, California courts have seemed open to hosting plaintiffs from everywhere, a point well exemplified by our Hotel California post discussing the now-vacated Bristol-Myers Squibb Co. v. Superior Court, No. A140035, 2014 WL 3747250 (Cal. Ct. App. July 30, 2014), review granted.
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    Crime and Consequences Blog

  • Glossip and Restarting Executions in California

    CJLF Staff
    30 Jun 2015 | 1:40 pm
    The outcome of the much-covered case, highlighted in articles here and here, filed by several death row inmates in Oklahoma holds great significance for the future of California's death penalty system.  In a 5-4 decision on Monday, the U.S. Supreme Court ruled on the case of Glossip v. Gross, determining that the sedative midazolam can be used in executions without violating the Eighth Amendment prohibition of cruel and unusual punishment.  Gov. Jerry Brown's administration now has 120 days to propose a new lethal injection method, as stipulated with families of murder victims in a…
  • News Scan

    CJLF Staff
    30 Jun 2015 | 12:28 pm
    Parole Blocked for Killer of CA Man Buried Alive:  California Gov. Jerry Brown has blocked parole for the man responsible for the murder of a developmentally delayed man in 1980, who was beaten and buried alive.  Don Thompson of the AP reports that Brown ignored a state panel recommendation for 52-year-old David Weidert's parole, deeming him too dangerous to be released.  Initially sentenced to life without parole, an appeals court reduced Weidert's sentence in 1984 to 25 years to life with the chance of parole after striking down two special circumstances. Unmonitored,…
  • Glossip Symposium at SCOTUSblog

    Kent Scheidegger
    29 Jun 2015 | 4:52 pm
    It's been a busy day in the wake of Glossip.  The case has drawn a lot of media attention.  We will have some links to coverage tomorrow.Tomorrow I will be on a teleforum with the Federalist Society at 2:00 p.m. ET.SCOTUSblog is having a symposium on the case.  The first post to be published is by Alabama SG Andrew Brasher, a co-amicus on our side of the case.I have sent in my entry.  I will post the last section after the break.  I'll have a link to the The full post when it is available on SCOTUSblog.Update:  The posts by Deborah Denno and Stephen Schwinn are…
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    The Chicago Syndicate

  • Top Ten Signs Your Neighbor Is in the Mafia

    The Chicago Syndicate
    30 Jun 2015 | 11:50 am
    10. He seems to do really well for a guy who runs a candy store that's open one or two hours a day9. His partner in the neighborhood 3-legged race: Vincent "The Chin" Gigante8. For his son's...
  • Tony Montana Has Game, Scarface - The World is Yours Collector's Edition Video Game

    The Chicago Syndicate
    29 Jun 2015 | 12:25 pm
    Gangster Tony Montana is iconic, extreme and exactly the way Vivendi Games sees its release "Scarface The World Is Yours Collector's Edition." Developers went to great lengths to infuse the project...
  • The Godfather Returns

    The Chicago Syndicate
    29 Jun 2015 | 6:54 am
    Forty-three years ago, Mario Puzo’s great American tale, The Godfather, was published, and popular culture was indelibly changed. In The Godfather Returns, acclaimed novelist Mark Winegardner...
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  • Supreme Court Upholds Execution Drug

    29 Jun 2015 | 10:52 am
    In a 5-4 opinion written by Justice Alito, the Supreme Court has upheld Oklahoma's use of midazolam in executions. The reasoning: Alito said the prisoners failed to identify a “known and available alternative method of execution that... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
  • Islamic State One Year Later: Lasting and Expanding

    29 Jun 2015 | 10:44 am
    The Islamic State is one year old today. Its long term goal remains the creation of a "lasting and expanding" Caliphate. [More...] Its strategy for survival and growth has relied on a number of components: pragmatism regarding the Syrian regime;... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
  • Nurse Jackie Finale: It Was Time to Go

    29 Jun 2015 | 7:12 am
    Showtime's Nurse Jackie ended its 7 year run last night. (Spoiler Alert: Don't read further unless you've seen it or don't intend to watch.) [More...] The media is fawning over the finale, including the ambiguous final scene in... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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    TheFunded Founder Institute News

  • Learn How to Build Your Local Startup Ecosystem with the Founder Institute

    30 Jun 2015 | 10:30 am
    Do you want to be a leader in your local startup ecosystem? The Founder Institute (the world's largest entrepreneur training and startup launch program) is on a mission to "Globalize Silicon Valley" and is looking for local startup leaders to launch new chapters around the world. Founder Institute Directors play an essential role in their local economy, share in the value of the companies they help create, and are included in FI’s global network of entrepreneurial leaders. If you want to see what some of our current Directors are up to, see some recent director news below: Sergio…
  • Change The World One Gift Card at a Time

    29 Jun 2015 | 4:15 pm
    Choosing to become an entrepreneur is usually fueled by the desire to be different. For many, the drive comes from the desire to create a meaningful life. Some want to create a life that differs from the norm, while some want to build a company that completely changes the norm. One such startup currently working to make a difference globally is Changefindr. A Los Angeles Founder Institute Graduate, Changefindr is a web application that provides a platform for individuals to donate to various charities using balances remaining on gift cards or prepaid cards. Though gift cards are a…
  • 3 Reasons Entrepreneurs Should Share Their Ideas with Everyone

    29 Jun 2015 | 3:40 pm
    Entrepreneurs often find themselves hesitant in sharing their new business ideas for a multitude of reasons. Perhaps they find their idea too premature to be shared or they’re afraid the idea could be stolen. These are adequate concerns, but certainly not enough grounds to justify keeping the idea to oneself. Bill Gates once addressed this topic and said that almost every kind of innovation requires the ability to collaborate and share ideas with other people. In the article, Why You Should Tell Everyone Your Startup Idea, Director of the New York Founder Institute Kevin Siskar combats…
  • Begin Your Entrepreneurial Journey at a Free Startup Event

    29 Jun 2015 | 10:20 am
    The Founder Institute hosts thousands of free startup events across the globe each year, in over [total_cities] cities across six continents. These events are designed to help aspiring entrepreneurs improve their ideas and entrepreneurial skills, all in a low-pressure environment. At Founder Institute events, you can meet and learn from successful entrepreneurs, get feedback on your ideas, come up with new ideas, recruit potential co-founders, and more. They are the perfect starting point for beginning your entrepreneurship journey. We have several events coming up in the next few…
  • Enjoy Games, Food, Music and More at the Tech Carnival @ AT&T Park

    26 Jun 2015 | 4:35 pm
    The San Francisco Founder Institute has partnered with the Silicon Valley Sports League for a special event at AT&T Park on July 1st: The Third Annual Tech Carnival. This exclusive celebration features unlimited games & rides, cool swag from awesome startups, music, and SF food truck favorites, along with unparalleled access to AT&T Park - home of the World Champion San Francisco Giants! Tickets to the Tech Carnival are just $5 (50% off). Click here to gain entry to this event! All proceeds go to support local charity New Door Ventures. Kids ages 0 to 3 get in for FREE! …
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  • Independent redistricting commission survives challenge: In Plain English

    Amy Howe
    30 Jun 2015 | 12:37 pm
    Fifteen years ago, Arizona voters took a drastic step to deal with partisanship in drawing the lines for federal congressional districts: they passed an amendment to the state constitution that transferred the redistricting power from the state legislature, which had previously controlled it, to an independent commission. Perhaps it comes as no surprise that the legislature objected to being cut out of the process and filed a lawsuit, which went all the way to the U.S. Supreme Court. The legislature alleged that tasking the commission with redistricting violates the U.S. Constitution’s…
  • Symposium: The Wonderland rules for method-of-execution claims

    Steven Schwinn
    30 Jun 2015 | 12:16 pm
    Steven D. Schwinn is an Associate Professor of Law at The John Marshall Law School in Chicago. In early 2014, Oklahoma had a problem. The state planned to execute Clayton Lockett with a three-drug lethal injection cocktail, but its sources for its critical first drug dried up. The first drug, traditionally a barbiturate, is supposed to render a condemned sufficiently insensate so as not to feel the excruciating pain of the second and third drugs, which paralyze the body and induce cardiac arrest. Without the first drug, the second and third drugs would produce a level of pain that would…
  • Symposium: “Groundhog Day” indeed

    Deborah Denno
    30 Jun 2015 | 11:31 am
    Deborah W. Denno is the Arthur A. McGivney Professor of Law at Fordham University School of Law. “Welcome to Groundhog Day,” begins Justice Antonin Scalia in his concurrence in Glossip v. Gross, a narrow five-to-four opinion in which the Court held that three death-row inmates failed to establish that the drug midazolam created a substantial risk of severe pain when used as the first of three drugs in Oklahoma’s lethal injection procedure. Assuming that Justice Scalia is referring to the movie “Groundhog Day” starring Bill Murray, a romantic comedy in which the lead character…
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    Robert Ambrogi's LawSites

  • Intake123 Makes It Easy to Create and Manage Client-Intake Forms

    Robert Ambrogi
    25 Jun 2015 | 8:14 am
    Sometimes in legal technology, when it rains, it pours. In April, I wrote here about Rocket Matter Intake, the new service from Rocket Matter that allows law firms to post client-intake forms on their websites that integrate directly with its practice management platform. A few weeks later, I wrote here about Lexicata, another client-intake system […] The post Intake123 Makes It Easy to Create and Manage Client-Intake Forms appeared first on Robert Ambrogi's LawSites.
  • The Supreme Court Database Behind Today’s New York Times Analysis

    Robert Ambrogi
    23 Jun 2015 | 6:33 am
    The New York Times today has a fascinating article documenting The Roberts Court’s Surprising Move Leftward. Reporters Alicia Parlapiano, Adam Liptak and Jeremy Bowers analyze the court’s decisions from 1946 to the present to conclude that this term could be among the court’s most liberal since 1969. The court’s leftward movement is modest, and it remains […] The post The Supreme Court Database Behind Today’s New York Times Analysis appeared first on Robert Ambrogi's LawSites.
  • Thomson Reuters Elite Sets Sights on Cloud and Customer Service

    Robert Ambrogi
    22 Jun 2015 | 7:04 am
    At its worldwide Vantage 2015 user conference last week in Las Vegas, Thomson Reuters Elite announced an anticipated 2017 move to the cloud for its flagship product, Elite 3E, and a new emphasis on building a “customer-centric” organization. Elite is a suite of “enterprise business management” products for law firms and other professional services firms […] The post Thomson Reuters Elite Sets Sights on Cloud and Customer Service appeared first on Robert Ambrogi's LawSites.
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    Wise Law Blog

  • 140Law - Legal Headlines for the Week of June 29, 2015

    Rachel, Law Clerk and Office Manager
    29 Jun 2015 | 5:59 am
    Here are the leading legal headlines from Wise Law on Twitter:Missouri jail moves to video-only visits; fee will be charged to visitors Next Fight for Gay Rights: Bias in Jobs and Housing Ken Paxton, Texas official, says state clerks can deny gay marriage licenses - World - CBC News Ontario Judge signals it’s time to offer relief from ‘backbreaking’ fines ‘Deadbeat’ N.S. developer who owes $1.7 million in child support flees to the Middle EastLSUC webcasts to continue despite few viewersIt's Saskatchewan's turn to send a judge to Supreme Court - The Globe and Mail EU Court Rules…
  • 140Law - Legal Headlines for the week of June 22, 2015

    Rachel, Law Clerk and Office Manager
    23 Jun 2015 | 5:23 am
    Here are the leading legal headlines from Wise Law on Twitter:Lester Holt Reflects on His Rise to NBC’s Anchor ChairOntario man exonerated 45 years after being wrongly convicted of killing his wifeWoman accused of streaming live sex shows from Windsor library pleads guilty Murphy & Singer: "Divorced from Reality: Rethinking Family Dispute Resolution"NYC bans criminal record questions before job offerLoblaws overpayment blunder: 3 lessons learnedLawyers need to look gift horse in the mouthWatchdog cautions doctors in Sunnybrook end-of-life case - Toronto StarLoblaws demands workers pay…
  • Mindfulness for Lawyers Goes Mainstream

    Rachel, Law Clerk and Office Manager
    22 Jun 2015 | 5:39 am
    The Wall Street Journal, of all places, had a feature this week on the increasing prevalence – and acceptance – of mindfulness training for lawyers.In Lawyers Go Zen, With Few Objections, writer Jacob Gershman delivers more than just a clever headline.  He focusses on the enhanced listening skills that can be developed through mindfulness techniques.I don’t have much personal expertise in this area, but I do have the luxury of deferring on this topic to my significant other, Toronto marketing consultant Sandra Bekhor, who has completed mindfulness training.She…
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  • Are Lawyers Ready for Artificial Intelligence?

    30 Jun 2015 | 5:29 pm
    Tom Mighell and I have had an especially good run of episodes recently on The Kennedy-Mighell Report podcast. I especially want to recommend the most recent one “Are Lawyers Ready for Artificial Intelligence?“I had been seeing a lot of blog posts, articles, tweets and other mentions of AI, IBM Watson, machine learning and the like. I wanted to talk about it on the podcast. I had to convince Tom that we had something to add to the conversation. As usual, he did’t think he’d have much to say. And, as usual, when he says that, we have some of our longer episodes.In a way,…
  • ABA TECHSHOW 2015 – A Few Reflections

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

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

  • Getting Specific: Marketing by Industry Sector

    Gerry Riskin
    10 Jun 2015 | 9:40 pm
    Clients are hungry to find lawyers who really understand their businesses, but some firms are reluctant to market their services to specific industries. Most lawyers fear that if they mention specific industry groups with their list of practice areas, they may miss out on a prospective client whose industry is not on the list. What if somebody needs help acquiring a circus elephant? What we need to do is to focus on areas of strength. While the home pages of law firms generally list practice areas and industries, those that do a lot of work for pharmacies and dental practices, for example,…
  • How Do Clients Choose a Lawyer? The Hidden Power of Asking for Referrals

    Gerry Riskin
    3 Jun 2015 | 9:46 pm
    I recently came across an article about consumer purchasing that made me reflect on my own purchasing decisions… and then led me to wonder whether those lessons could be applied to how law firms go about attracting and retaining clients. “The secret science of shopping: Why we buy what we do” by Belle Beth Cooper, which was originally published on the Crew blog, then republished on TNW (The Next Web) News, reports that we are more likely to make a purchase when we are with friends than when we are with relatives – and that when we see others making purchases, we are more…
  • 2015 Edge International Global Partner Compensation System Survey

    Gerry Riskin
    27 May 2015 | 9:42 pm
    Edge International is pleased to announce the release of its 2015 Global Partner Compensation System Survey, authored by Edge International partners Ed Wesemann and Nick Jarrett-Kerr. This is the fourth triennial survey that we have conducted (the first was published in 2006) with a view to gaining an understanding of differences in firms’ approaches to compensation by nationality over time. The authors write, “The result of this year’s survey was precisely what we anticipated. The basis and process used to compensate partners is continuing to follow the trend we saw from 2006 to…
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    LawBiz® Blog

  • Health Insurance – Supreme Court

    Ed Poll
    25 Jun 2015 | 10:20 am
    By a 6-3 vote, the U.S. Supreme Court validated the health insurance concept and Congressional intent to cover millions of people not previously covered. It’s fascinating, if not tragic, how politics continues to rule court decisions … the details of this individual case, I’m sure, will be played out in great detail in media today and days to come.
  • Incubators may change the legal landscape

    Ed Poll
    16 Jun 2015 | 9:58 am
    Medicine has residency; accounting has two year service requirement to become certified. Now law has incubators … not quite the same thing.
  • Ed Interviews Pactsafe Founder, Brian Powers

    Scott Herman
    11 Jun 2015 | 1:25 pm
    Today’s interview is with Brett Burney, Technology Consultant and Chair of the 2015 ABA Chicago TechShow from April 16-18.Rule 1.1 of the Model Rules of Professional Conduct has been modified to include familiarity Brian Powers is CEO and Founder of Pactsafe. Brian made a mid-career shift from law to industry, using the same skills that made him a successful lawyer. PactSafe is unlocking the who, what, when, where, and how of digital legal agreements you have on your website or mobile app. This was not an end of career decision for him, but rather the opening of an opportunity. 15…
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    UNDERDOG - Fairfax Criminal/DWI Attorney - Northern Virginia.

  • This blog will be inactive for a short time while we transition to new blog software

    29 Jun 2015 | 10:05 am
    To Underdog Blog's readers:   For as many as a few weeks, I will be away from posting blog entries while we transition to new WordPress blog software that is more user friendly.   My current, now-outdated blog software has bugs that cause appearance quirks in prior blog entries each time I post a new blog entry.   This transition to new blog software will take some time, because it includes finalizing a new design with my webmaster and migrating well over one thousand prior blog entries to the new software.   Missing blogging for more than a few days will not be easy for…
  • Private prisons are entrenched big-profit centers in an unholy alliance with government.

    22 Jun 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.   During my year between college graduation and the beginning of law school, I worked at Wall Street's Irving Trust Company as a financial auditor, as part of my plan at once to do well financially while doing no harm to society and continuing my human rights activism. I was never under no delusions that Irving Trust would be a beacon of social justice, but at least knew it…
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    The Legal Satyricon

  • The Expansion of Regarded-As Discrimination

    Jay Wolman
    17 Jun 2015 | 8:24 am
    by Jay Wolman The Americans with Disabilities Act protects three categories of individuals:  those presently disabled, those previously disabled, and those perceived to be disabled.  The latter is deemed “regarded as”; it does not require the member of the protected class to actually have or have had a physical or mental impairment that substantially limits […]
  • The Future of Restrictive Covenants in Settlements and Severance

    Jay Wolman
    5 Jun 2015 | 9:02 am
    by Jay Wolman The law is ever changing and what is common may, at some point, become unlawful (or already is without folks realizing it).  Recent developments in statutory law and enforcement actions in existing law have really made me think about all of those clauses that commonly appear in agreements with former employees, whether […]
  • If you ever wonder if being a lawyer is hard…. (City of Inglewood v. Teixeira)

    3 Jun 2015 | 8:34 am
    Do you? Are you a law student, worried that you might not pass the bar? If you’re that worried, read this shit and remember that the idiot who filed this idiotic lawsuit is not only licensed, but has clients. See Inglewood, California Sues YouTube Critic For Copyright Infringement Over Use Of City Council Videos (here) […]
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    Ohio Employer's Law Blog

  • Obama to announce new overtime regulations, but will they really matter?

    Jon Hyman
    30 Jun 2015 | 4:00 am
    Last night, on the Huffington Post, President Obama blogged his intentions to announce long-awaited new overtime regulations later today. In a post entitled, “A Hard Day’s Work Deserves a Fair Day’s Pay,” the President wrote: Right now, too many Americans are working long days for less pay than they deserve. That’s partly because we’ve failed to update overtime regulations for years—and an exemption meant for highly paid, white collar employees now leaves out workers making as little as $23,660 a year—no matter how many hours they work.  This week, I’ll head to…
  • Equal in love, but not yet equal at work—the next frontier of LGBT rights

    Jon Hyman
    29 Jun 2015 | 5:05 am
    Friday was certainly exciting. SCOTUS surprised everyone by releasing Obergefell v. Hodges [pdf] a day earlier than expected. In case you missed it, in a 5-4 opinion authored by swing-vote Justice Kennedy, SCOTUS held that gay marriage as a nation-wide fundamental right: The Court now holds that same-sex couples may exercise the fundamental right to marry…. State laws challenged by Petitioners in these cases are now held invalid to the extent they exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples. It follows that the Court also must…
  • My appearance on Stossel, now live on the Internet.

    Jon Hyman
    26 Jun 2015 | 6:19 am
    Special bonus on this fine summer Friday. If you missed my appearance on Stossel two weeks ago, Fox Business has posted the episode on its website.Watch the latest video at You can watch it here. My segment starts at 18:39.
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  • 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…
  • My alma mater now has a dedicated room for law students to engage in reflective practices

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

  • EU Data Privacy Updates

    Michelle Gyves
    23 Jun 2015 | 7:56 am
    Michelle Gyves A brief rundown of developments in recent weeks in the area of EU data protection law: EU Data Protection Regulation On Monday, June 15, the EU Council (comprised, for purposes of data protection reform, of the justice ministers from each of the EU member states) reached an agreement on a draft data protection regulation, marking an important milestone in the ongoing effort to reform and modernize data protection law in the EU. (This development follows the European Commission’s publication of a proposed regulation in January 2012 and the European Parliament’s official…
  • Digital Advertising Alliance Will Begin Enforcing Its Mobile Privacy Guidance in September

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

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

  • Lefty Purity For Thee…

    Scott Lemieux
    30 Jun 2015 | 8:18 pm
    What does Harper‘s publisher Rick MacArthur do when he’s not publishing poorly reasoned and anti-factual screeds about the perfidy of the Democrat Party? Why, bust unions of course: MacArthur may have once defended U.A.W. as “the country’s best and traditionally most honest mass labor organization,” but he contested his staff’s right to unionize, contending that the literary editor and senior editors served as supervisors and hence failed to qualify for protection under the National Labor Relations Act. He hired veteran employment lawyer Bert Pogrebin to…
  • On the Search for the Clubhouse Guy

    Robert Farley
    30 Jun 2015 | 4:29 pm
    Roy Thomas. Licensed under PD-US via Wikipedia. Some interesting thoughts from Russ Carleton on how you would go about searching for clubhouse “chemistry”: (subscription) I have a feeling that if I surveyed even the most hardcore sabermetricians out there, they would all acknowledge that ideas of chemistry and clubhouse presence aren’t silly. They’d probably push back against the common narrative that Team X won the World Series based on the shining light of justice that came from Smith’s locker. (After all, there were probably veteran guys on all the other 29…
  • Progressives Should Weigh In on de Blasio vs. Cuomo

    Steven Attewell
    30 Jun 2015 | 4:07 pm
    It’s not every day that a sitting mayor of New York accuses the governor of New York of governing out of spite and a desire for “revenge for some perceived slight,” but there you have it. And there’s not much that Governor Cuomo can say about it, given that he’s just admitted in a press conference that he’s been anonymously trashing de Blasio in the New York Daily Press. Now, all of this might seem like complete inside baseball and not really something that non-political professionals should care about, but the stakes in this feud are quite real.
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  • OPM Disability Retirement: Life's Repertoire

    30 Jun 2015 | 3:45 am
    It is one thing to have a stock of memorized pieces or performances from which one can reach back and employ, like an inventory of dusty artifacts which can be brought out for display upon request; quite another, however, to reveal it, dust off the residue, begin to showcase it, then be interrupted and, without missing a beat, to ad lib above and beyond the prepared piece.  The tape recorder (does anyone even remember what that contraption is or was, in this digital age?), the CD, the digital device; once set, it can only be altered by enforced remixing.  The human being, however,…
  • HRC Constance on margin of discretion and liability of managing director

    30 Jun 2015 | 2:13 am
    Managing directors of a GmbH (German limited liability company) enjoy a margin of discretion within which they are not subject to personal liability. Even in the case of unjustifiable dealings, liability for shareholder-managing directors is not triggered until later on. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, D??sseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London - conclude: As a matter of principle, managing directors of a GmbH enjoy a margin of discretion when it comes to their corporate activity. In the context of this activity, they must…
  • What is PIP protection?

    29 Jun 2015 | 3:25 pm
    The purpose of Personal Injury Protection (PIP), is to cover any medical expenses and lost wages that an insured incurs as the result of a car crash. An insured need not prove fault on the other to take advantage of their PIP benefits. Additionally, due to the liability-free nature of No-Fault insurance, a PIP claimant’s insurance premiums are not to be increased because the insured filed a PIP claim. PIP reimburses you for medical costs and lost wages If you are involved in a car wreck, you may require medical care beginning with a ride in an ambulance from the scene.  Emergency…
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    Connecticut Employment Law Blog

  • Employers to Pay More in Federal Unemployment Taxes

    Daniel Schwartz
    30 Jun 2015 | 11:59 am
    It appears that for the second year in a row, Connecticut employers will not be able to take advantage of a cost-saving opportunity as a result of inaction by the Connecticut Department of Labor. In two letters to the Connecticut Department of Labor by the CBIA and the Republican leadership, the details of the state’s failure to submit a waiver application for a Benefit Cost Rate (BCR) add-on have been outlined.  The deadline for doing so is July 1 and, according to various reports, the CTDOL has shown no interest in doing so.  As a result, Connecticut employers will pay higher…
  • Details of New Overtime Regulations Released Monday Night

    Daniel Schwartz
    29 Jun 2015 | 7:52 pm
    On Monday night, details of the revised white-collar overtime regulations were released. But we’ll know more once the actual details get posted on the Department of Labor website on Tuesday. (Bloomberg was the first to report it Monday evening.) (Update 6/30/15: The proposed regulations are now available online from the U.S. Department of Labor here.) As you may know, in order to be exempt from overtime, typically two tests must be met: a “salary” test and a “duties” test. Employees who are paid below that threshold must be paid overtime even if the “duties” test is met. But in…
  • Paid Family & Medical Leave Program and CHRO Changes Get Revived in Budget Implementer

    Daniel Schwartz
    29 Jun 2015 | 8:57 am
    The Connecticut General Assembly is finalizing its budget implementation bill today and suffice to say that there are more than a few surprises in there. (CT News Junkie first highlighted it in a tweet, it should be noted.) For employers, buried deep in the bill is Section 422 entitled: “PAID FAMILY AND MEDICAL LEAVE IMPLEMENTATION”.  This seems to revive a paid family and medical leave program that was thought to be shot down earlier this session. What does it do? It starts a framework for paid leave to be implemented similar to other payroll deduction services. According to the…
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  • 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。…
  • 自然な眠りのためのメラトニン

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

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

  • United States of America v. DeliverCareRx: First Amended Complaint

    Alexander Loftus
    27 Jun 2015 | 4:16 pm
    Case Name: United States of America v. DeliverCareRx Document Name: First Amended Complaint Post Date: 06/27/2015 Filing Date: 06/22/2015 Document Summary: Voelker Litigation Group filed this Qui Tam Lawsuit last year on behalf of the United States alleging violations of Medicare regulations and the seal was recently lifted allowing Voelker Litigation Group attorney, Alexander Loftus to prosecute the case on behalf of the United States.The complaint alleges DeliverCareRx violated 424.57 CFR (b)(11). which provides in part: 44. Federal law prohibits the direct solicitation of a Medicare…
  • America Unites for Kids & PEER vs. The Santa Monica Malibu Unified School District (SMMUSD): The Santa Monica Malibu Unified School District's Motion To Dismiss is Denied and They Are Ordered To Answer The Plaintiffs' Toxic Substances Control Act Violations Complaint

    Barry Fagan
    15 Jun 2015 | 12:29 pm
    Case Name: America Unites for Kids & PEER vs. The Santa Monica Malibu Unified School District (SMMUSD) Document Name: The Santa Monica Malibu Unified School District's Motion To Dismiss is Denied and They Are Ordered To Answer The Plaintiffs' Toxic Substances Control Act Violations Complaint Post Date: 06/15/2015 Filing Date: 06/15/2015 Document Summary: A federal judge has rejected an attempt by the Santa Monica-Malibu school district (SMMUSD) to block a lawsuit by parents and teachers seeking a toxic cleanup of Malibu public schools. Not only may the lawsuit proceed, but the…
  • In re Tam (The Slants): Appeal Brief of Appellant Simon Tam for En Banc Hearing

    Ronald Coleman
    12 Jun 2015 | 6:14 am
    Case Name: In re Tam (The Slants) Document Name: Appeal Brief of Appellant Simon Tam for En Banc Hearing Post Date: 06/12/2015 Filing Date: 06/11/2015 Document Summary: From the National Law Review:The U.S. Court of Appeals for the Federal Circuit issued a sua sponte order vacating its April 20, 2015, decision in In re Tam to consider the constitutionality of Section 2(a) of the Lanham Act, which provides that the U. S. Patent and Trademark Office (PTO) may refuse to register a trademark that “[c]onsists of or comprises . . . matter which may disparage . . . persons, living or dead,…
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    Special Education Law Blog

  • Weekly Question!

    Jim Gerl
    29 Jun 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 XI #Compensatory Education

    Jim Gerl
    26 Jun 2015 | 12:48 pm
     This is another in our continuing series on the basics of special education law.    If the parents (or adult student) win a due process hearing, the two most common types of relief are compensatory education and reimbursement for a unilateral placement.  Today we will take a hard look at the former remedy.Compensatory EducationReid ex rel Reid v. District of Columbia 401 F.3d 516, 43 IDELR 32 (D.C. Cir. 3/25/05).  The D.C Circuit developed a qualitative standard for awards of compensatory education in order to place disabled students in the…
  • New Weekly Question!

    Jim Gerl
    22 Jun 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
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    Bankruptcy Home Blog

  • Payday loans should I get one?

    24 Jun 2015 | 8:37 am
    Visit for the original content posted here, Payday loans should I get one? Despite what some have called an economic recovery, many individuals and families are struggling to make ends meet. Recently on our bankruptcy forum a user asked, “I lost my job last month and need money fast. I have heard about the dangers of getting payday loans, but I don’t see another option. I live in […]
  • Death what are the first steps to solve financial crisis?

    16 Jun 2015 | 10:44 am
    Visit for the original content posted here, Death what are the first steps to solve financial crisis? If you are a widow without income, life insurance, and increasing debts, you may need help. Recently on our bankruptcy forum a debtor wrote, “I was widowed eight years ago after my husband died suddenly of an aneurysm. He did not have an insurance policy. We never had much credit card debt but with the […]
  • Credit card company can they sue me?

    7 Jun 2015 | 9:32 am
    Visit for the original content posted here, Credit card company can they sue me? Although politicians may claim the great recession is over, there are still millions of Americans struggling to pay their bills, including credit card debts. Recently on our forum a debtor asked, “I received a summons and complaint from my credit card company, and they said they have filed a lawsuit against me. Is this legal […]
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    Asbestos HUB: Medical and Legal Information

  • ‘Imagine your lungs being coated in cement’

    Tom Lamb
    30 Jun 2015 | 5:28 am
    Rick Luzaich took the job out of high school — two years grinding parts in a Minnesota machine shop. A career in business management and other white-collar jobs followed, his days as a grinder fading into the distance. What he didn’t know then or for many years afterward was just what he’d inhaled during that short stint doing blue-collar work. He was in his late 50s, living outside Minneapolis, when he began feeling short-winded and ill. Heart trouble, doctors thought at first. Last year, he and wife Jennifer found out what really ailed him: mesothelioma, an aggressive…
  • Manufacturer of Asbestos-Free Product May Still Be Liable for Asbestos Related Injuries

    Tom Lamb
    29 Jun 2015 | 7:27 am
    In Sherman v. Hennessy Industries, Inc. (No. B252566, filed June 18, 2015), the Court of Appeal, Second District, reversed a trial court’s grant of summary judgment in favor of a manufacturer of a brake grinding machine. The Court cited an exception to the general rule that manufacturers may not be held liable, under a strict products liability theory, where the plaintiff’s injuries arise from other products that are used in conjunction with the defendant’s product. Plaintiff and appellant, Michael Sherman, was an automobile mechanic from 1962 to 1977. Mr. Sherman alleged that during…
  • Compensation upheld for Perth man who died after asbestos exposure at SA BHP shipyard

    Tom Lamb
    22 Jun 2015 | 5:10 am
      ABC [Australian Broadcast Company] Online June 22, 2015 The lawyer representing a man who died from an asbestos-related illness says a High Court decision upholding his compensation sets an important legal precedent for former BHP Billiton workers who contract mesothelioma. The Sydney court rejected the company’s bid to appeal against a compensation claim awarded to Perth man Willem van Soest who was exposed to asbestos during an 11-week stint as a painter and docker at South Australia’s Whyalla Shipyard in 1962. At the time he was working near laggers who were installing…
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    Cuckold Webcams | Cuckold Chat | RSS Feed

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    29 Jun 2015 | 7:13 am
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    28 Jun 2015 | 2:32 am
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    Real Lawyers Have Blogs

  • Top 10 in Law Blogs: FLSA Changes, Clean Power Plan, Sharing Economy

    Colin O'Keefe
    30 Jun 2015 | 6:00 pm
    It isn’t same-sex marriage or the Affordable Care Act, but it’s just as big of news to lawyers on the LexBlog Network: it’s changes to overtime rules for white collar workers. Lots of talk on that today here and, over on LXBN, Zosha has a great piece on the death penalty ruling at SCOTUS. Total posts on the LexBlog Network today: 209. SEC’s Data-Driven Analysis Identifies Allegedly Improper Trade Allocations by Investment Advisor –  Harry Frischer and Rachel Wolkinson of Proskauer on their blog, Corporate Defense and Disputes Taking A Cue From The LGBT Community,…
  • Restoring the allure of being a lawyer

    Kevin O'Keefe
    29 Jun 2015 | 9:03 pm
    Ralph Baxter (@ralphbaxter), Chair of the Legal Executive Institute at Thomson Reuters, talked last week about what it would take to make lawyer careers alluring again. When I was a boy, I dreamed of being a lawyer. I wanted to be Perry Mason—cross examining witnesses until they admitted they were guilty and my innocent clients were exonerated. My dream came true; I might not have been Perry Mason, but I had a long and rewarding career as a lawyer advising and defending clients. So did I dream of being Perry Mason and I actually got to do it (in my mind). Not on the criminal side but in…
  • Top 10 in Law Blogs: SCOTUS Ruling Implications, Reviews, Marijuana Research

    Colin O'Keefe
    29 Jun 2015 | 5:30 pm
    As could be expected, we’re seeing a lot of analysis on the what last week’s big Supreme Court rulings mean for everyone going forward. Over on LXBN, we have the same, as Zosha writes on the next steps for LGBT equality. Total posts on the LexBlog Network today: 199. Do You Know Who Your Employees Are? – Madison attorney Connor Sabatino of Foley & Lardner on the firm’s blog, Labor & Employment Law Perspectives The Right to Give One-Star Reviews – Michael Wawszczak and Aaron Rubin of Morrison Foerster on the firm’s blog, SociallyAware What Comes…
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    Securities Docket

  • Goldman Sachs Neither Admits Nor Denies, to Pay $7 Million to Settle SEC Charge — Corporate Crime Reporter

    Securities Docket
    30 Jun 2015 | 9:51 am
    Goldman, Sachs & Co. will pay $7 million to settle charges of violating the market access rule in connection with a trading incident that resulted in erroneous executions of options contracts. Goldman Sachs neither admitted nor denied the charges. via Goldman Sachs Neither Admits Nor Denies, to Pay $7 Million to Settle SEC Charge — Corporate Crime Reporter
  • Securities Docket News Wire for June 29, 2015

    Securities Docket
    30 Jun 2015 | 5:55 am
    SEC on defensive following setback on use of hearings – Pensions & Investments -> D&O Insurance: A “Final” Analysis | The D&O Diary -> CCOs Concerned about Compliance IT Systems: Survey – Deloitte Risk & Compliance – WSJ -> FINRA Supports NAC Members, Chris Brummer During Online Harassment | -> S.E.C. Learns the Hard Way How Judges Are Like Umpires – The New York Times ->
  • S.E.C. Learns the Hard Way How Judges Are Like Umpires – The New York Times

    Securities Docket
    29 Jun 2015 | 2:17 pm
    Chief Justice John G. Roberts Jr. said during his confirmation hearing that “judges are like umpires,” and as every baseball fan knows, each umpire has a different strike zone. The Securities and Exchange Commission is learning the hard way that having an unfavorable umpire can hurt its cases as it tries to fend off challenges to its use of in-house judges. S.E.C. Learns the Hard Way How Judges Are Like Umpires – The New York Times
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    HealthBlawg :: David Harlow's Health Care Law Blog

  • 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…
  • Join Us for Patient Reviews of Physicians: The Wisdom of the Crowd?

    David Harlow
    19 Jun 2015 | 6:55 am
    Patient Reviews of Physicians: The Wisdom of the Crowd? Google Hangout On Air with Niam Yaraghi and Casey Quinlan Wed, Jun 24, 3:00 PM – 4:00 PM ET Presented in association with The Society for Participatory Medicine. I am hosting a conversation 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. We will consider the old saw that healthcare is unique and can’t be dealt with in the same…
  • Outsourced Chronic Care Management Services Can Help Physicians and Patients

    David Harlow
    1 Jun 2015 | 4:30 am
    A version of this post first appeared on the blog of a client, Flow Health Inc. I co-authored it with Robert Rowley, MD, Co-Founder and Chief Medical Officer of Flow Health. Health care services are not uniformly delivered in a coordinated manner in this country. Most people do not have health care providers who are part of IDNs, do not have care coordination baked into their experience of the health care system. Even folks those who receive their care from providers within a closely coordinated system, where everyone is on a single EHR platform and can share chart notes, referrals and other…
  • N of 1 – Reflections on Extracting Knowledge from Data

    David Harlow
    18 May 2015 | 10:43 am
    I was privileged to participate in last week’s Quantified Self Public Health symposium, where one of the threads of conversation focused on teasing strategies for generalizable improvements in health status out of the data collected by quantified selfers. Over time, there has existed significant tension between the prevalent use of the randomized clinical trial as the gold standard for medical research and the value of N of 1 studies, the measurement and examination of cause and effect in a population of one. Clearly, “N of 1″ studies have been responsible for numerous…
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    Colorado Law Blog - Personal Injury News and Information| Bachus & Schanker Attorneys

  • 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’…
  • Colorado Hit-and-Run Fatalities are on the Rise

    Kyle Bachus
    17 Jun 2015 | 12:27 am
    In Colorado, hit-and-run accidents are growing each year, but you may be surprised at just how bad the problem has become. According to the Colorado Department of Transportation, in 2014, the hit-and-run epidemic reached a 7-year high, claiming 22 lives and injuring more than one person every day in the Denver metro area. And that’s only part of the story. Check out these other staggering hit-and-run statistics: Between 2011-2013, 28 percent of all accidents in Denver involved someone leaving the scene. The national average is closer to 10 percent. Almost three times a month, someone is…
  • Marijuana DUIs Putting More Motorists at Risk

    Kyle Bachus
    11 Jun 2015 | 8:21 am
    Getting behind the wheel high on marijuana is apparently a dangerous mix, according to a new study by the Colorado State Patrol which shows more drivers involved in fatal car accidents in Colorado are testing positive for marijuana — and that Colorado has a higher percentage of such drivers testing positive for pot than other states. Last year, the State Patrol reported that troopers issued 5,546 citations for driving under the influence of drugs or alcohol. Of those, 674 — about 12.2 percent — involved suspected marijuana use, either alone or in combination with other…
  • Governor Hickenlooper to Sign Tough Felony DUI Law

    Kyle Bachus
    4 Jun 2015 | 9:17 am
    In Colorado, each year more than 240 people are killed and 4,000 are seriously injured in alcohol-related crashes. This is more than a statistic to Frank Martinez, whose 37-year old nephew Gilbert and his young sons, ages 6 and 1, were killed in Weld County last January by a drunk driver with seven DUIs. Martinez, and other DUI accident victim advocates like him, have been urging state lawmakers for stiffer DUI accident laws, and their calls have been heard. Colorado is about to join 46 other states with a long-awaited tough new DUI law that makes repeated drunk driving a felony. Current law…
  • What you should do after a hit and run accident that you probably don’t know

    Kyle Bachus
    29 May 2015 | 11:07 am
    For a victim or witness of a hit-and-run, the moments immediately following an accident can be emotional, confusing, and even life threatening. Knowing what steps to take can help protect your rights and assist police in apprehending the offending motorist. Step 1: Look for other possible witnesses and exchange information with them. The more information you can get the better. It increases the chances that the police will catch the driver who hit you. Witness information can also assist your auto insurance company in making the decisions about your claim. Step 2: Take Pictures. That old…
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    P.I.S.S.D. -- Personal Injury, Social Security Disability. Dallas Texas Lawyers

  • NHTSA Administrator Vows to Take Aggressive Actions on Slow-Moving Recalls

    Bob Kraft
    30 Jun 2015 | 7:39 am
    The New York Times reports that NHTSA Administrator Mark R. Rosekind vowed to “take aggressive action on vehicle recalls that move too slowly.” According to the article, Rosekind “took particular aim at Fiat Chrysler Automobiles,” saying that the company fell short of expectations over its efforts to repair more than a million Jeep SUVs “with potentially dangerous gas tanks.” Rosekind is quoted as saying,”We’re very displeased with what’s going on.” He added, “The numbers are horribly low, and that translates into lives at risk.” The Times notes that Rosekind also…
  • Record Year For Auto Recalls Prompts Sterner NHTSA Response

    Bob Kraft
    29 Jun 2015 | 7:56 am
    The New York Times reports on the year’s record number of automobile recalls, with a focus on the GM ignition switch defect and the learning opportunity it offered other manufacturers. The piece highlights that the NHTSA is receiving twice its annual average in consumer complaints, is putting increasing pressure on automakers, and has created an app to directly inform consumers about recall information pertaining to their vehicle. The piece also includes comments from temporary NHTSA chief David Friedman on efforts to increase industry safety. Majority of recalled vehicles go without…
  • Friday Fun

    Bob Kraft
    26 Jun 2015 | 2:48 am
    Another cat video — You Shall Not Pass, Dog. The post Friday Fun appeared first on P.I.S.S.D. -- Personal Injury, Social Security Disability. Dallas Texas Lawyers.
  • Four Reasons Why Your Health Insurance May Deny Your Injury Claim

    Bob Kraft
    25 Jun 2015 | 7:53 am
    Many people rely upon their health insurance for a sense of security. They use it to ensure that they can afford medical treatment no matter what kind of injury they might sustain. Protection against unforeseen accidents is the reason why nearly 90 percent of Americans have health insurance The problem is that your health insurance may not keep you as safe as you might think. There may be a variety of reasons that your health insurance company will outright deny your claim. Let’s examine some of the reasons your health insurance company might deny your claim. 1. Non-Covered Medical…
  • Sales of Cars With Recall Defects Investigated

    Bob Kraft
    24 Jun 2015 | 7:45 am
    ABC World News reported that some dealerships are selling cars with “potentially dangerous defects” that are subject to a complete recall status, which is illegal. The investigation “uncovered hundreds of new cars” around the country that were “sold with unfixed safety recalls.” From the news release of the American Association for Justice. The post Sales of Cars With Recall Defects Investigated appeared first on P.I.S.S.D. -- Personal Injury, Social Security Disability. Dallas Texas Lawyers.
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    Marquette University Law School Faculty Blog

  • Kettle Moraine Kids, Compared to the World

    Alan J. Borsuk
    30 Jun 2015 | 8:52 am
    You could expect students in the Kettle Moraine school district to do well. The communities served by the district in western Waukesha County are generally doing well economically, parents are involved and expect good results, and the school leaders and staff are talented professionals. But what does “do well” mean? Compared to whom? Neighboring districts? Wisconsin? The nation? How about the world? Kettle Moraine has been an eager participant in a small, but growing movement that involves samples of 15-year-olds taking a test called the OECD Test for Schools. It yields comparisons of…
  • Rodriguez v. United States: Supreme Court Says No to Prolonged Traffic Stops

    Michael M. O'Hear
    29 Jun 2015 | 7:50 am
    Last week, the Supreme Court decided City of Los Angeles v. Patel, the fourth and final of its search-and-seizure cases this term. In Patel, the Court overturned a city ordinance requiring hotel operators to share information about their guests with the police. Patel confirmed this as a good term for Fourth Amendment rights, joining Grady v. North Carolina (GPS tracking of sex offender counted as search for Fourth-Amendment purposes) and Rodriguez v. United States (police improperly extended traffic stop to conduct dog sniff of car). Less favorable, though, was Heien v. North Carolina (no…
  • Ohio v. Clark: The Supreme Court’s Latest Pronouncement on the Confrontation Clause

    Michael M. O'Hear
    26 Jun 2015 | 7:28 pm
    By guaranteeing criminal defendants the right to confront their accusers, the Sixth Amendment limits the ability of the government to use hearsay evidence against defendants at trial. Importantly, though, the Confrontation Clause only limits the use of statements that are “testimonial” in nature. A pair of Supreme Court cases from 2006 clarified what makes a statement testimonial, but left an important question unanswered. Last week, the Court finally provided an answer (sort of) in Ohio v. Clark. Clark featured an unusually unsympathetic defendant who was convicted of physically abusing…
  • Persuading People Who Don’t Want to Be Persuaded

    Lisa A. Mazzie
    26 Jun 2015 | 9:50 am
    I just finished a recent book by Steven D. Levitt and Stephen J. Dubner. If the names Levitt and Dubner sound familiar, it’s because you may have heard of their popular (and interesting) Freakonomics books (here and here). In the book I just finished, Think Like a Freak, Levitt and Dubner set out to teach readers how to “retrain [their] brain[s]” so that they, too, can “think like a freak.” The book defines what it means to “think like a freak” (it’s not a bad thing; it’s critical and curious thinking with a twist), and offers its step-by-step guide. But one chapters stuck…
  • ObamaCare Upheld . . . Again

    Edward A. Fallone
    25 Jun 2015 | 9:30 am
    Today the U.S. Supreme Court announced its decision in the widely anticipated case of King v. Burwell, ruling that the language of the statute authorizes tax credits for individuals who use health insurance exchanges set up by the federal government as opposed to the states.  The result of the ruling is that the Affordable Care Act continues to operate and that millions of previously uninsured Americans will continue to receive health insurance under ObamaCare.  Many observers had predicted an adverse ruling from the Court, and a period of uncertainty (if not chaos) if the use of federal…
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    Green Building Law Update

  • 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…
  • In the Name of Clean Water Millions of Acres are Proposed for Federal Control

    Stuart Kaplow
    20 Jun 2015 | 3:29 pm
    The Environmental Protection Agency and the U.S. Department of the Army published a final rule on May 27, 2015, “clarifying” the scope of waters protected under the Clean Water Act. The rule is proposed to be effective 60 days after Federal Register publication. EPA Administrator Gina McCarthy is quoted as saying the new rule will expand the scope of waters of the United States by “only about 3%” but that 3% represents millions of acres that are not today regulated.  Some commentators have suggested that depending upon the EPA’s application of the rule, the…
  • What LEED Credit is Almost Never Achieved?

    Stuart Kaplow
    13 Jun 2015 | 5:22 pm
    One of the key features of the LEED rating systems is that, after satisfying minimum program requirements and prerequisites, project teams may select from the available compilation of LEED credits. Those options are key not only because there is no one homogenous building type but also because owners may have sustainable features they wish pursued. But surprising to some, there is one LEED credit that stands out, by far, as the least earned.  Accepting that LEED is no longer only new construction, and in an effort to compare apples with apples, this analysis looked at the LEED New…
  • HUD Adopts 2009 IECC (Not the 2012 or 2015 version) and Why You Care

    Stuart Kaplow
    6 Jun 2015 | 9:07 am
    The U.S. Department of Housing and Urban Development and the U.S. Department of Agriculture have determined, effective June 6, 2015, that adoption of the 2009 edition of the International Energy Conservation Code for single family homes and the 2007 edition of the American Society of Heating, Refrigerating and Air-conditioning Engineers 90.1 for multifamily buildings will not negatively affect the affordability and availability of HUD and USDA assisted housing.  You care because this new minimum standard for energy efficiency in housing is widely seen as a benchmark driving green…
  • Microbeads Ban in Maryland will be more Efficacious than Others

    Stuart Kaplow
    1 Jun 2015 | 10:38 am
    Synthetic plastic microbeads are an effective mild abrasive ingredient appearing since the 1990s in personal care products including facial cleansers, shampoos, and toothpastes. Environmental interests have sought to ban microbeads contending the plastic microbeads (that look like tiny colorful dots), cannot be treated by conventional wastewater treatment plants, resulting in their discharge into waterways and posing a threat to the ecosystem through ingestion by fish and other animals in the food chain. As a result microbeads arguably pose a potential human health threat when people consume…
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    California Employment Law Report

  • Presentation: General rules to comply with California’s paid sick leave law

    Anthony Zaller
    30 Jun 2015 | 8:53 am
    I’ll be posting some short clips of a recent presentation I conducted on complying with California’s paid sick leave law.  In this first video, I discuss some general rules California employers need to consider to comply with the July 1, 2015 deadline to offer paid sick leave to employees.  Topics include: how to calculate pay rates for employees with fluctuating pay impact of services charges on the employee’s regular rate of pay the 90 day waiting period before employees can use the paid leave required notices employers must use key deadlines to comply with the law Please…
  • Friday’s Five: on-call time under California law

    Anthony Zaller
    26 Jun 2015 | 4:23 pm
    Businesses that have employees on standby waiting to be called for work must review whether this on-call time needs to be paid time.  It is a very fact intensive inquiry, that employers must ensure they get correct.  Any mistake in not paying employees for compensable on-call time can result in potential exposure for overtime, minimum wage, and additional penalties.  Here is a list of five items employers should understand about on-call time under California law. 1.      Courts generally look to the extent of control over employee in determining whether on-call time is compensable. …
  • Five employment related bills California employers must monitor

    Anthony Zaller
    19 Jun 2015 | 7:57 pm
    With summer upon us, the California legislature is busy working on bills that could impact employers.  Here are five employment bills being considered by the state legislature that California employers should keep an eye on: 1. SB 3 – Increase in minimum wage and indexing to inflation Currently, California minimum wage is set to increase from $9.00 per hour to $10.00 per hour on January 1, 2016.  This bill proposes to increase the minimum wage to $11 per hour on January 1, 2016, and then again to $13 per hour by July 1, 2017.  Then, beginning on January 1, 2019, minimum wage would be…
  • Labor Commissioner’s ruling against Uber widely misunderstood by media

    Anthony Zaller
    18 Jun 2015 | 8:51 am
    Earlier this week Uber appealed a California Labor Commissioner ruling against it holding that a driver was misclassified as an independent contractor.  In this video, I briefly discuss the ruling and the lesson it holds for employers. Misclassification of employees as independent contractors can carry many damages and penalties.  For example, Sections 226.8 and 2753 of the Labor Code impose a civil penalty of $5,000 to $25,000 depending on whether the misclassification is willful.  In addition, the misclassified worker can recover back unpaid overtime wages, unpaid minimum wages, and…
  • Paid sick leave: Are you ready for the July 1, 2015 deadline?

    Anthony Zaller
    12 Jun 2015 | 10:01 am
    This Friday’s Five article is busting its own rule with a list of ten rules (it is California, and I should have realized the limitations of lists of five).  While there are many aspects of the new law that I cannot cover in a short article like this, here is a general checklist of ten items to keep in mind when preparing to comply with California’s Healthy Workplaces, Healthy Families Act of 2014 and its July 1, 2015 deadline: 1.     Employees can use their accrued sick days beginning on the 90th day of employment. 2.     Employers may limit the amount of sick leave used to 24…
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    The Rainmaker Blog

  • Turn Your Law Firm Website Into a Moneymaker, Not a Money Taker

    Stephen Fairley
    30 Jun 2015 | 2:09 pm
    If you’ve been practicing law for a decade or more, you probably hated the first time you had to create your law firm website. Chances are that it was too expensive, took too long to develop and probably doesn’t even have half the functionality that today’s sites do. If your site is still hobbling along on its original legs, it’s time to chuck it. If it’s been even a few years since your site was overhauled, you need to give some serious thought to an update. In fact, there are a number of valid reasons to undertake a redesign right now: Dated design. If you’re still wearing wide…
  • How Law Firms Can Use Dashboards to Save Time, Increase Productivity and Close More Cases

    Kelly Woodward
    29 Jun 2015 | 3:22 pm
    Do you have the critical numbers you need to run your law firm efficiently at your fingertips?  Dashboards have been used by businesses for years, but law firms have been slow to adapt them to running a more efficient, effective enterprise. A dashboard provides you with insights into what is working — and what is not — in your marketing programs and other areas of your business.  It can give insights when analyzing what marketing works better, which cases make you more money, and which attorney converts higher. Listen in to our free webinar as the Chief Operating Officer from one of…
  • How Lawyers Can Stop Failing at Facebook

    Stephen Fairley
    26 Jun 2015 | 2:17 pm
    I had a comment on one of my Facebook posts the other day saying that, for attorneys, Facebook is a waste of time because you’re just preaching to the choir. The writer said that your friends on Facebook are already your friends in real life, so why waste time on it for business purposes. He couldn’t be more wrong. I currently have 4,894 friends on my Stephen Fairley Facebook profile page. I also have a Facebook fan page for my business, The Rainmaker Institute, with thousands of fans. I post a lot of the same stuff on both pages because I am the very public face of my company. But any…
  • Learn How Your Law Firm Can Break the 7-Figure Barrier

    Stephen Fairley
    25 Jun 2015 | 1:46 pm
    For the solo practitioner or small law firm, breaking the 7-figure barrier in profits is often considered an unobtainable goal.  But there are ways to accomplish this, and you shouldn’t let lack of knowledge stand in your way. I recently interviewed small business guru Michael Gerber, who INC Magazine has called “The World’s #1 Small Business Guru,” on how attorneys can take their firm to the next level of success. As the author of a number of books on entrepreneurship, including the best selling Awakening the Entrepreneur Within and The E-Myth Revisited, Michael is arguably…
  • Why Law Firms Need Marketing Automation

    Stephen Fairley
    24 Jun 2015 | 2:19 pm
    Could you still do your job without the Internet? Yes, you probably could. But would you want to? The Internet has become an indispensible tool for everyone and I certainly could never envision doing my job without it. Compared with how things used to be before it, the Internet is almost like having super powers.   It makes you smarter. It makes you faster. It allows you to get more things done in a day. It saves you money. It opens up new opportunities. It lets you meet interesting people you’d never have met before. The list goes on and on. I use this as an analogy, between what…
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  • Is a DMCA subpoena to identify unknown infringers valid if the infringement has ended?

    Evan Brown (@internetcases)
    10 Jun 2015 | 7:30 pm
    The Digital Millennium Copyright Act (“DMCA”) is well-known for its notice and takedown provisions. But the DMCA provides a number of other interesting mechanisms, including a procedure for potential copyright plaintiffs to send subpoenas to online service providers to learn the identity of users who posted infringing content to that service. A recent case involving some subpoenas that a copyright owner sent to eBay examines the relationship between the notice and takedown procedures on one hand, and the subpoena mechanism on the other. The question before the court was whether a…
  • Casual website visitor who watched videos was not protected under the Video Privacy Protection Act

    Evan Brown (@internetcases)
    9 Apr 2015 | 6:11 am
    A recent federal court decision from the Southern District of New York sheds light on what is required to be considered a “consumer” who is protected under the Video Privacy Protection Act (VPPA). The court held that a website visitor who merely visited a website once in awhile to watch videos — without establishing a more “deliberate and durable” affiliation with the website — was not a “subscriber” to the website’s services and thus the VPPA did not prohibit the alleged disclosure of information about the website visitor’s viewing…
  • Complaint site does not have to identify its users

    Evan Brown (@internetcases)
    20 Feb 2015 | 12:19 pm
    Petitioner filed an action in New York state court seeking to compel to disclose the identity of the person or persons who posted certain statements to the site. These statements criticized petitioner for allegedly failing to fulfill an advertising promise to give the user a $500 gas card. The anonymous user went on to complain that petitioner “will forget about you and … all the promises they made to you” once “you sign on the dotted line.” The trial court denied the petition to compel to turn over the names of its users.
  • internetcases turns 10 years old today

    Evan Brown (@internetcases)
    28 Jan 2015 | 6:08 am
    Ten years ago today, somewhat on a whim, yet to fulfill a need I saw for discussion about the law of the internet in the “blogosphere” (a term we loved dearly back then), I launched internetcases. What started as a one-page handwritten pamphlet that I would mimeograph in the basement of my one-bedroom apartment and then foist upon unsuspecting people on street corners has in ten years turned into a billion dollar conglomerate and network. internetcases is now translated into 7 languages daily and employs a staff of thousands to do the Lord’s work fighting Ebola and terrorism…
  • Best practices for providers of goods and services on the Internet of Things

    Evan Brown (@internetcases)
    27 Jan 2015 | 3:26 pm
    Today the United States Federal Trade Commission issued a report in which it detailed a number of consumer-focused issues arising from the growing Internet of Things (IoT). Companies should pay attention to the portion of the report containing the Commission’s recommendations on best practices to participants (such as device manufacturers and service providers) in the IoT space. The Commission structured its recommendations around four of the “FIPPs” – the Fair Information Practice Principles – which first appeared in the 1970s and which inform much of the world’s regulation…
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    Florida Estate Planning Lawyer Blog

  • How to terminate a rental agreement in Florida

    David M. Goldman
    30 Jun 2015 | 11:00 am
    If a tenant does not pay rent in Florida, a landlord can evict the tenant if he or she follows the correct procedures as defined in the Florida statutes. Florida law no longer allows “self-help” evictions, which few states continue to recognize, such as changing the locks or shutting off the utilities. A self-help eviction occurs when a landlord retakes possession of a property without using the eviction process. Courts no longer favor this approach as it can lead to dangerous confrontations, assault, or even harassment. Landlords must now follow the eviction legal process. The key to the…
  • Funding a trust with out of state property

    David M. Goldman
    30 Jun 2015 | 6:34 am
        A living trust, revocable trust, or asset protection trust can be a great estate planning tool that offers a number of benefits, such as allowing assets to pass to beneficiaries without going through probate and avoid the claims of creditors. Once a trust has been created, the testator must then fund the trust.   To fund the trust, the trust maker  (Settlor) usually transfers assets into the trust. A trust can be funded with almost any type of asset, such as: cash, stocks, bonds, real property, or even personal property. Out of state property can also be used to fund a…
  • New Florida Law hopes to reduce elder abuse by guardians

    David M. Goldman
    29 Jun 2015 | 10:25 am
    A new Florida law, Florida HB5, signed into law by Governor Rick Scott in June seeks to curb elder guardianship abuse. The bill was drafted to help solve the growing problem of elder abuse in Florida’s elder guardianship system There are a growing number of reports of abuse of court appointed guardians in Florida misappropriating funds and other abuse by exploiting the old law’s lack of transparency, poor oversight and other structural flaws. Once a person becomes incapacitated, a petition may be filed to appoint a guardian if there is no pre-approved guardian in place. An incapacitated…
  • Jacksonville Guardianship: How to Transfer a Guardianship to Florida from another state

    David M. Goldman
    24 Jun 2015 | 12:48 pm
    Transferring a guardianship from another state to Florida can be more complicated than a transfer between another two states. American families are increasingly becoming more mobile, and different states have varying rules regarding the guardianship process. Before a move can occur, a guardian will need to consider if the state he or she is moving the ward to will recognize the guardianship in their current state. To best ensure the guardianship is correctly transferred, we recommend speaking with an attorney who is familiar with both state laws. The reason, transferring a guardianship to…
  • Estate Plans for a Single Person

    David M. Goldman
    23 Jun 2015 | 7:02 am
    Estate planning often focuses on married couples, but estate planning for a single person is equally as important. A single person often owns assets in their name individually, which means these assets must go through the probate process when the person dies. The big question then becomes whom do these assets pass to?   In addition, asset protection and Medicaid issues become more important to address with a single person than a married couple. A single person like any other person can own many assets and have a desire to see those assets distributed to certain people. Some assets, such as…
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  • Practice Compassion

    Shaunna Mireau
    30 Jun 2015 | 8:54 am
    July 1 and Q3 begin after midnight. I cannot believe that the year is flying by so quickly, again. One strategy that is helping me to maintain focus with my very busy portfolio is to have a theme for the week. These themes are meant as reminders – I guess they are in the spirit of mindfulness – on ways to approach being part of a team/firm/practice/group. Last month’s theme, it was a good one so it prevailed, was resilience. Picturing Dory from Finding Nemo singing “just keep swimming” was useful and entertaining. As far as resilience goes, the idea of to simply…
  • Geographical Scope of the Master Expanding

    Matt Maurer
    30 Jun 2015 | 4:00 am
    Masters have been a fixture in the Toronto Court system for many years. For those who are unfamiliar, a Master is an adjudicator who is permitted to hear certain proceedings and make certain Orders. Unlike a Judge who has inherent jurisdiction, the Master takes his/her jurisdiction from statute and the Rules of Civil Procedure. In municipalities and counties where there are no Masters a Judge hears all matters. As such, in municipalities and counties where there are Masters, the Masters typically lift a heavy burden off of the Judges in those jurisdictions. Indeed, the Toronto Masters…
  • Integrating the Profession in Experiential Legal Education

    Doug Ferguson
    30 Jun 2015 | 4:00 am
    Experiential legal education has been the subject of numerous papers, conferences, and innovative curriculum changes in the United States in the past decade. In October 2012 the first National Symposium on Experiential Education in Law was held at Northeastern University in Boston. I attended that symposium, and came away inspired by the topics and discussions. In June 2014 the Second National Symposium on Experiential Education in Law took place at Elon University in Greensboro, North Carolina. The Alliance for Experiential Learning in Law and Elon University School of Law hosted the…
  • Tips Tuesday

    30 Jun 2015 | 3:00 am
    Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on technology, research and practice. Research Say Thank You Shaunna Mireau When someone does or says something nice to, for, or about you, it is appropriate to express your gratitude. This holds true for someone who goes out of their way to assist you with your legal research problem. I am not especially advocating a regular contribution to the wine fridge of your local law librarian who helps you all the time – I leave that to you. … Practice What’s…
  • Communications Breakdown: When a Lawyer Doesn’t Share

    Dan Pinnington
    29 Jun 2015 | 7:35 am
    After getting some work done on his cottage, Dale Orlando, partner at McLeish, Orlando LLP in Toronto, had a dispute with the contractor over fees. “He was doing work that needed to be done but without clearing it with me first,” Orlando says. As a result the project went over budget. “I should have been communicated with before the work was done, not afterwards.” Imagine going for surgery without the doctor telling you where they will be cutting. That would be unthinkable. Similarly, why should the client allow the lawyer to proceed without knowing what was being done? Clients need…
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    Florida Estate Planning Lawyer Blog

  • How to terminate a rental agreement in Florida

    David M. Goldman
    30 Jun 2015 | 11:00 am
    If a tenant does not pay rent in Florida, a landlord can evict the tenant if he or she follows the correct procedures as defined in the Florida statutes. Florida law no longer allows “self-help” evictions, which few states continue to recognize, such as changing the locks or shutting off the utilities. A self-help eviction occurs when a landlord retakes possession of a property without using the eviction process. Courts no longer favor this approach as it can lead to dangerous confrontations, assault, or even harassment. Landlords must now follow the eviction legal process. The key to the…
  • Funding a trust with out of state property

    David M. Goldman
    30 Jun 2015 | 6:34 am
        A living trust, revocable trust, or asset protection trust can be a great estate planning tool that offers a number of benefits, such as allowing assets to pass to beneficiaries without going through probate and avoid the claims of creditors. Once a trust has been created, the testator must then fund the trust.   To fund the trust, the trust maker  (Settlor) usually transfers assets into the trust. A trust can be funded with almost any type of asset, such as: cash, stocks, bonds, real property, or even personal property. Out of state property can also be used to fund a…
  • New Florida Law hopes to reduce elder abuse by guardians

    David M. Goldman
    29 Jun 2015 | 10:25 am
    A new Florida law, Florida HB5, signed into law by Governor Rick Scott in June seeks to curb elder guardianship abuse. The bill was drafted to help solve the growing problem of elder abuse in Florida’s elder guardianship system There are a growing number of reports of abuse of court appointed guardians in Florida misappropriating funds and other abuse by exploiting the old law’s lack of transparency, poor oversight and other structural flaws. Once a person becomes incapacitated, a petition may be filed to appoint a guardian if there is no pre-approved guardian in place. An incapacitated…
  • Jacksonville Guardianship: How to Transfer a Guardianship to Florida from another state

    David M. Goldman
    24 Jun 2015 | 12:48 pm
    Transferring a guardianship from another state to Florida can be more complicated than a transfer between another two states. American families are increasingly becoming more mobile, and different states have varying rules regarding the guardianship process. Before a move can occur, a guardian will need to consider if the state he or she is moving the ward to will recognize the guardianship in their current state. To best ensure the guardianship is correctly transferred, we recommend speaking with an attorney who is familiar with both state laws. The reason, transferring a guardianship to…
  • Estate Plans for a Single Person

    David M. Goldman
    23 Jun 2015 | 7:02 am
    Estate planning often focuses on married couples, but estate planning for a single person is equally as important. A single person often owns assets in their name individually, which means these assets must go through the probate process when the person dies. The big question then becomes whom do these assets pass to?   In addition, asset protection and Medicaid issues become more important to address with a single person than a married couple. A single person like any other person can own many assets and have a desire to see those assets distributed to certain people. Some assets, such as…
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    Native American Legal Update

  • 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,…
  • Building Business in Indian Country - July 8-10 Seminar at Seattle University

    Greg Guedel
    1 Jun 2015 | 8:43 am
    With a focus on the practical, using specific situations and examples the 2015 Indian Law Certificate Program will address tribal business entities; alternative energy development; construction contracts and land acquisition; and effective negotiation skills, tactics and strategies. Faculty includes Kelly Croman, Tribal Attorney for the Chehalis Tribe; Steven J.W. Heeley, Advisor, Akin Gump Strauss Hauer & Feld LLP, Washington, D.C.; V. Heather Sibbison, Suzanne R. Schaeffer, and George T. Skibine, Dentons, Washington, D.C.; and Doug MacCourt, Ater Wynne LLP, Portland, OR. Session 1:…
  • Tribal Sovereignty and Development Colloquium - May 28/29 in Seattle

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

  • Q2 2015 Quick Links, Part 2 (Censorship and More)

    Eric Goldman
    30 Jun 2015 | 9:19 am
    Photo credit: 3D Quick Link Crossword // ShutterStockContent Regulation * Oxera: The economic impact of safe harbours on Internet intermediary start-ups * South Korea is mandating that all cellphones sold to minors have an app called “Smart Sheriff” that censors their online experience. What could possibly go wrong? * Reason: The Misguided War on Sexting * Google will allow individuals to remove “revenge porn” from search results …despite having Section 230 immunity…! * Jeff John Roberts: Hard choices for Google as judges grow bold on censorship * Daphne…
  • Q2 2015 Quick Links, Part 1 (IP, Marketing and More)

    Eric Goldman
    29 Jun 2015 | 9:17 am
    Photo credit: 3D Quick Link Crossword // ShutterStockCopyright * The dominant media storyline about the Mayweather-Pacquiao boxing match was the fight’s widespread illicit availability on the livestreaming apps Periscope and Meerkat. But this should have been the dominant storyline instead: An estimated 4.4 million viewers paid a record price of $89.95 to $99.95 to watch the fight, generating more than $400 million in domestic revenue, Showtime, HBO and the fighters’ promoters said Tuesday. The pace of purchases was so great on fight night that the bout was delayed by about a…
  • When Can Defendants Defeat A Criminal Threat Prosecution By Claiming They Were Joking? Not Often

    Venkat Balasubramani
    28 Jun 2015 | 8:44 am
    The “Twitter joke trial,” where a UK man was prosecuted for joking about blowing up an airport, made waves and resulted in widespread criticism, but recent cases in the US show that prosecutions for jokey threats over social media are alive and well. And the First Amendment is not a trump card. US v. Bradbury: Bradbury posted that he was part of an anarchist organization who organized to kill cops in the Lafayette area. He wrote that two residents who recently killed police officers acted on the anarchists’ orders and that the anarchists were targeting specific police officers.
  • North Carolina Cyber-Bullying Statute Survives First Amendment Challenge

    Venkat Balasubramani
    24 Jun 2015 | 8:20 am
    photo credit: Shutterstock/Memo Angeles – “Internet Troll Using a Computer” Defendant was accused of cyberbullying over posts he made about (and to) his high school classmate (Dillon) on Facebook. The opinion is unclear on the precise nature of the original post and whether defendant initiated the post, or offered comments, or both. Among other comments, defendant made the following statements: (1) This is excessively homoerotic in nature. Exquisite specimen. (2) Anyone who would be so defensive over Dillion can’t be too intelligent. (3) And you are equally pathetic for…
  • Court Rejects First Amendment Challenge Against Cyberharassment Charge

    Venkat Balasubramani
    19 Jun 2015 | 10:56 am
    Shutterstock / Brian A. Jackson – Computer hacker stealing data from a laptop concept for network security, identity theft and computer crime Defendant worked at the Leukemia and Lymphoma Society. He pled guilty to bribery, mail fraud, and conspiracy related to his allocation of printing contracts at LLS. He was sentenced to five years. John Walter, then LLS’s CEO, apparently provided information and cooperated with law enforcement regarding defendant’s acts. While incarcerated, defendant mailed letters to Walter stating that Walter allegedly molested Walter’s own daughter…
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    The California Employment Law Blog by Mediator Steven G. Pearl

  • Nigro v. Sears: District Court Erred in Disregarding Plaintiff's Self-Serving Testimony on Summary Judgment

    Steven G. Pearl
    30 Jun 2015 | 8:00 am
    In Nigro v. Sears, Roebuck & Co., ___F.3d ___ (9th Cir. 2/25/15), the plaintiff sued the defendant, Sears, for disability discrimination under the FEHA and wrongful termination. The district court granted Sears's motion for summary judgment, and Nigro appealed. The Ninth Circuit reversed, holding that Nigro's deposition and declaration testimony, while self-serving, stated more than mere conclusions, and the district court should not have disregarded them. Here, Nigro's declaration and deposition testimony, albeit uncorroborated and self-serving, were sufficient to establish a genuine…
  • Turner v. San Francisco: First Amendment Does Not Protect Employee's Complaints that Are Motivated by Self-Interest

    Steven G. Pearl
    29 Jun 2015 | 11:32 am
    In Turner v. City and County of San Francisco, ___ F.3d ___ (9th Cir. 6/11/15), the plaintiff, Turner, sued the City and County of San Francisco (City), alleging that it terminated him in violation of public policy after he complained that the City improperly employed him and others as temporary exempt, rather than permanent civil service, employees. The district court dismissed the case, holding that he failed to state a claim for retaliation under the First Amendment because he had not alleged facts demonstrating that he had engaged in protected speech. Turner appealed, and the Ninth…
  • Williams v. Superior Court (Pinkerton Governmental Services): Trial Court Cannot Split PAGA Action and Compel Arbitration of Individual Issues

    Steven G. Pearl
    24 Jun 2015 | 8:00 am
    Williams v. Superior Court (6/9/15) --- Cal.App.4th ---, is one of those rare opinions that is written clearly and concisely. The introduction gives you almost all you need to know: Petitioner Andre Williams filed a single-count representative action pursuant to the Private Attorney General Act, Labor Code section 2699 et seq. (PAGA), alleging that real party in interest Pinkerton Governmental Services, Inc. (Pinkerton) violated various provisions of the Labor Code [related to rest periods]. In response, Pinkerton moved to enforce petitioner’s waiver of his right to assert a…
  • Campbell-Ewald Co. v. Gomez: Supreme Court to Address Settlement Offers and the "Headless" Class Action

    Steven G. Pearl
    16 Jun 2015 | 8:00 am
    In Gomez v. Campbell-Ewald Co., 768 F.3d 871 (9th Cir. 2014) (discussed here), the plaintiff filed a class action for violation of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227(b)(1)(A)(iii), alleging that the defendant instructed or allowed a third party to send unsolicited text messages to him and others. The defendant offered to settle the case by paying the plaintiff $1,503 per violation, plus costs. The plaintiff rejected the offer. The district court granted summary judgment on other grounds, and the plaintiff appealed. The defendant argued that the Court of Appeals…
  • Tyson Foods v. Bouaphakeo: Supreme Court Will Revisit Class Action Standards

    Steven G. Pearl
    15 Jun 2015 | 8:00 am
    In Bouaphakeo v. Tyson Foods, Inc., ___ F.3d ___ (8th Cir. 2014), the plaintiffs sued their employer, Tyson, under the federal Fair Labor Standards Act (FLSA) and state law. They alleged that Tyson failed to compensate them for time spent donning and doffing personal protective equipment and clothing and time spent transporting these items from lockers to the production floor. The district court certified the case as a FLSA collective action under 29 U.S.C. § 216(b) and a class action under Federal Rule of Civil Procedure 23. At trial, the plaintiffs "proved liability and damages by using…
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    The Securities Law Blog

  • FINRA Reports $1 Billion in Revenue, Shares Profit with Firms

    30 Jun 2015 | 8:44 am
    The Financial Industry Regulatory Authority (FINRA) brought in $997 million in net revenues, up from $901 million in 2013. FINRA also lowered its expenses to $965 million, from $999 million in 2013. Revenues and other factors combined to boost FINRA's profit from just $1.7 million in 2013.For more information, go to Wall St. watchdog reports $120 mln profit, returns $20 mln to firms | Reuters---The attorneys at Sallah Astarita & Cox, LLC include veteran securities litigators and former SEC Enforcement Attorneys. We have decades of experience in securities litigation…
  • SEC News - Suspicious Activity, Unregistered Brokers, Defrauding Investors

    29 Jun 2015 | 1:25 pm
    Microcap Promoter Charged With Illegally Selling Penny Stock SharesA microcap promoter has been charged with illegally selling more than 83 million penny stock shares that he secretly obtained through at least 10 different offshore front companies.SEC Obtains Asset Freeze Against China-Based Trader for Suspicious ActivityAn emergency court order has been obtained to freeze the assets of a trader in China who profited by more than $1 million after trading in a U.S. brokerage account in advance of last week’s public announcement that China-based Qihoo 360 Technology Co. Ltd. had received a…
  • SEC News - Insider Trading, Hedge Fund Theft, and Fraud

    16 Jun 2015 | 7:00 am
    Swiss Trader to Pay $2.8 Million to Settle Insider Trading ChargesA Swiss trader has agreed to pay more than $2.8 million to settle charges that he traded on nonpublic information ahead of a Florida-based biometrics company’s acquisition by Apple Inc.Phony Hedge Fund Manager Charged With Theft of Money Invested by Small BusinessesFraud charges have been announced against a New Jersey man accused of posing as a hedge fund manager and defrauding small companies out of more than $4 million.Biotech Employee and Two Stockbrokers Charged With Insider Trading on Nonpublic Information About…
  • Can Stifel Retain the Barclay Advisors?

    10 Jun 2015 | 7:46 am
    According to Financial Planning, Stifel's proposed acquisition of Barclays's wealth management unit offers the chance to serve more lucrative high-night-worth clients. But keeping the advisers who serve those clients may prove tricky.The Barclays deal, for which terms were not disclosed, brings about 180 advisers managing $56 billion in assets. Many of those advisers are legacy Lehman Brothers brokers, and they currently operate from 11 U.S. offices.For more information, see Is Stifel's Retention Package Enough to Keep Elite Barclay's Advisors?---The attorneys at Sallah Astarita…
  • Court Rules SEC In-House Judges "Likely Unconstitutional"

    9 Jun 2015 | 7:33 am
    A federal judge ruled Monday that the Securities and Exchange Commission’s use of an in-house judge to preside over an insider-trading case was “likely unconstitutional,” a potential blow to the agency’s controversial use of its internal tribunal.The decision provides an excellent overview of the SEC's administrative hearing process, with all of its warts and deficiencies.  The SEC actually argued that the federal court, which has jurisdiction over "all civil actions arising under the Constitution, laws, or treaties of the United States," (28 U.S.C. § 1331), could not…
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    Allen & Allen Law Blog RSS Feed

  • What is “Informed Consent” and How Does it Work in Medical Malpractice?

    Allen, Allen, Allen & Allen Personal Injury Attorneys
    30 Jun 2015 | 6:00 am
    If the doctor failed to obtain informed consent and the patient is injured during the procedure, the patient may have a viable malpractice claim.
  • How Do We Determine The Value of a Case? VIDEO

    Allen, Allen, Allen & Allen Personal Injury Attorneys
    25 Jun 2015 | 7:00 am
    The process of determining an ultimate value on a personal injury case is difficult and it is complex. Every case is different, and that’s why you need a personal injury law firm that has experience to guide you through that process.
  • Understanding Virginia’s “Dead Man’s Act”

    Allen, Allen, Allen & Allen Personal Injury Attorneys
    22 Jun 2015 | 6:00 am
    The “Dead Man’s Act” applies when one of the parties to the lawsuit has died prior to the trial.
  • Woman injured when SUV crashed into bank lobby – $175,000 Verdict

    Allen, Allen, Allen & Allen Personal Injury Attorneys
    22 Jun 2015 | 6:00 am
    Published By: Virginia Lawyers Weekly June 22, 2015Source: On Oct. 10, 2012, the 72-year-old defendant was pulling into a parking spot at a local bank when she lost control of her SUV, jumped the sidewalk and crashed into the bank’s vestibule. The impact occurred just as the plaintiff, a 47-year-old restaurant manager, was walking into the building to make a deposit for work. It happened so quickly, the plaintiff was unsure if she was stuck by the vehicle, the falling debris or both. The defendant initially claimed a sudden mechanical failure but subsequently…
  • Allen Law Firm Supports Legal Food Frenzy Benefiting Virginia Food Banks

    Allen, Allen, Allen & Allen Personal Injury Attorneys
    19 Jun 2015 | 6:52 am
    Allen & Allen attorneys and staff contributed 46,291.25 pounds of food, ranking #2 for Most Pounds Raised Per Capita (342.9 lbs. per person) and #3 for Total Poundage in the Large Firm category.
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    Construction Law Musings- Richmond, VA

  • Reminder: Your Accounting and Other Records Matter

    Christopher G. Hill
    30 Jun 2015 | 7:39 am
    Lean accounting (Photo credit: Wikipedia) Recently, I’ve posted on mechanic’s lien changes, mediation and other more “legal” topics here at Construction Law Musings.  Today’s post is a practical one and one that will help your friendly neighborhood construction attorney greatly should a dispute arise. The tip for this week?  Keep clean accounting and other records by construction job and in an organized fashion.  This tip seems like a simple one, but I run into situations where the accounting on jobs, contracts, invoices and other key documents for a project…
  • More Musings From the Mediation Trenches

    Christopher G. Hill
    22 Jun 2015 | 6:19 am
    English: mediator Deutsch: Mediator (Photo credit: Wikipedia) As those that read this construction blog on a regular basis know, I became a Virginia Supreme Court certified mediator a few years ago.  I did so because I believe that mediation as a form of alternate dispute resolution is in most cases a much better alternative to resolve a construction dispute than litigation. While I still act as counsel to construction companies participating in mediations (and have posted my thoughts on this topic on numerous occasions), working with the General District Courts of Virginia and acting as a…
  • More Thoughts on “Green” (the Practice, not the Color) Building

    Christopher G. Hill
    16 Jun 2015 | 10:00 am
    Originally posted 2014-03-10 09:00:24. Republished by Blog Post Promoter20110504-RD-LSC-0654 (Photo credit: USDAgov) It has been a while since I “mused” on the green building landscape.  While I am a LEED AP and have presented on green (read “sustainable”) building in the past, I am not totally sold on LEED as the be all end all in sustainable construction (the USGBC is a private rating organization that, like the rest of us, is imperfect).  I’ve also discussed, both here and elsewhere, the potential risks that come with any new(ish) building process. A recent…
  • Discussions of Changes in Virginia Mechanic’s Lien Law at ZLien

    Christopher G. Hill
    16 Jun 2015 | 10:00 am
    Once again I get to thank Scott Wolfe (@scottwolfejr) over at Zlien for an opportunity to guest post.  This time around it is on the soon to be implemented changes to the Virginia law as it relates to contractual waivers of lien and bond claim rights. Here’s a taste of the post over at Scott’s blog: At its most basic level these changes void the fairly standard contractual terms found in many Virginia construction contracts that provide that a subcontractor waives its mechanic’s lien rights on the project prior to any work being performed. As I stated in my earlier posts, this…
  • A Great Contractor Filled Weekend

    Christopher G. Hill
    15 Jun 2015 | 6:00 am
    Originally posted 2014-01-27 11:47:19. Republished by Blog Post PromoterOver this past weekend, I attended the annual convention of the Associated General Contractors of Virginia.  As always, a good time was had by all.  Between the skeet and five stand shooting, the oyster tasting and other great events, the convention had plenty of laughter and opportunity to have some fun at the Homestead here in Virginia.  The speakers were great and the educational sessions and membership meetings were well worth the trip as well. With all of that said, I still maintain that the most important part of…
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    CAFA Law Blog

  • 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…
  • California Court Applies Dart Cherokee To Retain Jurisdiction Despite Evidentiary Objections (McGlinchey Stafford PLLC)
    1 May 2015 | 8:48 am
    Roa v. TS Staffing Servs., Inc., 2015 WL 300413 (C.D. Cal. 2015) A district court in California applied the ruling in Dart Cherokee Basin Operating Co. v. Owens, 135 S.Ct. 547 (2014), and retained jurisdiction over a plaintiff’s evidentiary objections to a notice of removal, finding that when a plaintiff does not challenge the underlying allegations in a notice of removal, they are presumed to be true for the purposes of federal jurisdiction under CAFA. Plaintiff sought to remand a case on the basis of several evidentiary objections raised to a declaration filed in support of a notice of…
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    Lowering the Bar

  • The Continuing Argle-Bargle

    29 Jun 2015 | 12:35 pm
    In last week's opinion in Obergefell v. Hodges, the U.S. Supreme Court again broke new ground and has taken an action that will be debated for years to come. It finally used the word "huh?" in an opinion. This of course was deployed in dissent by Justice Scalia, who just the day before had introduced "jiggery-pokery" and "pure applesauce" (the terms, not the concepts) to the Court's jurisprudence. See "The Argle-Bargle Over This Jiggery-Pokery Is Pure Applesauce" (June 25). While "huh" had appeared in 11 Supreme Court decisions before Friday, in each case that was only because the opinion…
  • The Argle-Bargle Over This Jiggery-Pokery Is Pure Applesauce

    25 Jun 2015 | 12:20 pm
    As you likely know by now, the Supreme Court has voted 6-3 to reject a challenge to the Affordable Care Act a.k.a. Obamacare, over a strong dissent by Justice Scalia. The opinion in King v. Burwell involves important issues of federalism, separation of powers, and statutory interpretation, but most importantly it is the first time the phrases "pure applesauce" and "jiggery-pokery" have been used in any Supreme Court opinion. What's that? You're more interested in federalism? Wow, are you in the wrong place. The use of "pure applesauce" to mean "nonsense," as Scalia uses it, was new to me but…
  • Spider-Man Clings to Wall of Supreme Court

    24 Jun 2015 | 11:56 am
    On Monday, the Supreme Court held in Kimble v. Marvel Entertainment that a patent holder can't charge royalties for using an invention after the patent term expires. More accurately, it established that rule in a 1964 case, and held Monday that it wasn't going to change the rule even though it's been criticized. Patents last 20 years, but critics ask why parties shouldn't be able to make a deal that lasts longer if they want to. For example, if it would take many years to get the thing to market, that deal might make sense. The majority decided not to change the rule because of stare decisis,…
  • Jury Clears Mascot in Hot-Dog-Flinging Case

    24 Jun 2015 | 5:30 am
    My friend Tim, who loves baseball and whose LinkedIn picture shows him pointing to an alligator, reports that a second jury has found the Kansas City Royals and their mascot Sluggerrr not liable for Sluggerrr hitting a fan in the eye with a hot dog. As you may recall (and if not, by all means see below), the Royals argued that the "assumption of risk" defense should apply because the mascot-powered hot-dog "toss" is now "an activity so intimately interwined with Royals baseball" that someone who goes to a Royals game assumes the risk that a guy in a lion suit will launch a dog into his eye…
  • Good Reason to Kill #56: Disagreed About the Value of a College Education

    23 Jun 2015 | 11:28 am
    We don't know whether the victim in this case was arguing for or against the value of higher education, but I will go ahead and speculate that it was the former. Not that I think more education makes people less violent, but there really only seem like two options here: "Dude, you don't even have a college degree." "Dude, you go to college." Well, now that I say that, here are two more: "Dude, you don't even have a college degree." "Dude, you borrowed $100k to go to college, and you still don't have a job." I guess we just don't have enough information to say. At last report, the victim had…
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    3 Geeks and a Law Blog

  • AALL Special Interest Section Name Changes: Expanding the Base… Broadening the Appeal

    18 Jun 2015 | 8:38 am
    The American Association of Law Libraries (AALL) announced two name changes for its Special Interest Sections (SIS) this morning. These changes represent a broadening of the SIS appeal to law librarians and information professionals, as well as a modernization of who the SIS represents, and the mission it serves. The two SIS changes are: Government Law Libraries (GLL-SIS) formerly the State, Court, and County SIS. Private Law Librarians & Information Professionals (PLLIP-SIS) formerly the Private Law Libraries SIS. I've been a member of both of these Special Interest Sections and like…
  • Highlights from the ABA's National Summit on Innovation in Legal Services

    4 Jun 2015 | 1:06 pm
    [Ed. Note: Please welcome Holly Riccio, AALL President and long-time friend of mine, as today's guest blogger. Recently, Holly attended the invitation-only National Summit on Innovation in Legal Services and she asked if we would allow her to give an overview of her experience at the event so that she could share it with our readers. Holly originally wrote this for the AALL Spectrum blog, but since many of our readers here at 3 Geeks are not members of AALL, we thought this would put it in front of many people that would otherwise not see the original writing. The theme of the summit…
  • Time to Retire the Phrase "Recent Economic Downturn"

    1 Jun 2015 | 1:24 pm
    It's conference season again for many of us. I get to go to Chicago next week for the P3 Conference and then to Philadelphia in July for AALL. If I get really lucky, I'll sneak in to the ILTA conference in Las Vegas in late August. I enjoy catching up with peers and friends, and attending the sessions to listen to speakers discuss hot topics, trends within the industry, and innovations that will revolutionize the way we provide services. That being said, I want everyone to take out a phrase that has been a trusty standby since 2008.  That phrase, of course, is "recent…
  • How Lawyers Can Survive the AI-pocalypse

    26 May 2015 | 2:00 am
    [Ed. Note: Please welcome Guest-Blogger, Matt Coatney as he gives us some insight on how to deal with the smart machines and AI technologies coming our way.] Much has been said about how technology will disrupt the legal profession and spell the end of lawyers. From Richard Susskind's End of Lawyers? to IBM Watson, the future does not look bright for those that practice law. Even experts originally optimistic about the technology boom are now more cautious based on new data. With all the doom and gloom, is there anything lawyers can do to at least postpone the inevitable? A recent HBR article…
  • ModioLegal: Hear the Future of Legal News

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

  • 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…
  • How can a Foreigner Open a Bank Account in the U.S.?

    1 Apr 2015 | 7:24 pm
    This post answers a question I have been asked many times: How can a foreigner open a bank account in the U.S.? This question usually is asked by foreign entrepreneurs. They want to start a business in the U.S. And to do so effectively, a U.S. bank account usually is required. Easiest: Home-country Bank with International Presence The easiest approach is to find a home-country bank with an international (including U.S.) presence. For example, I have quite a few Dutch clients. Fortunately, one of the prominent Dutch banks, Rabobank, has a U.S. presence. So Dutch clients with Rabobank accounts…
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    Gamso - For the Defense

  • 1 +1 +1 +1 +1 = 5

    30 Jun 2015 | 12:03 am
    I have spent a lot of time in the last week speaking with people who had the good sense not to go to law school.  Bright people.  Educated people, many of them.  Folks who know more, far more, than the general public about our legal system. They've been paying attention to the Supreme Court's opinions lately because, well, who hasn't been? (Don't argue; it's a rhetorical question.) And because I'm a lawyer, they're inclined to ask questions. Which I try to answer.  And I've found myself explaining the mathematics of the law.Now, I'm not talking about any high falutin,…
  • It depends on what the meaning of the word "is" is

    26 Jun 2015 | 9:53 pm
    For the last couple of days, I've been attending the annual conference of Reform Sex Offender Laws. RSOL brings together lawyers, scholars, activists, sex offenders and, especially, the unrecognized victims of the crimes of sex offenders, their families, to teach and learn and talk about how to do better. RSOL isn't trying to get sex offenses made legal, doesn't condone sex with children. It's not saying rapists shouldn't be punished or child pornography should be freely available.  It wants to reform, not abolish.  But it knows that much of what the media tells us about those…
  • When Life (or Death) Isn't Enough

    24 Jun 2015 | 9:48 pm
    No, in one sense it doesn't matter what you call it.   Nine people are dead.  Killed.  Murdered.  Nine innocent people who did nothing to deserve their deaths.  They just happened to be in the Emanuel African Methodist Episcopal Church in Charleston, South Carolina when someone, allegedly Dylann Roof, took a gun and started shooting people.Names won't change that.  Call it terrorism if that makes you feel better.  Call it a hate crime.  Call it Swiss cheese.  Nine people are dead because they happened to be in the place where a madman* started…
  • Words

    20 Jun 2015 | 9:10 am
    Shakespeare knew.From Romeo and Juliet, Juliet to Romeo, Capulet to Montague:’Tis but thy name that is my enemy; Thou art thyself though, not a Montague. What’s Montague? it is nor hand, nor foot, Nor arm, nor face, nor any other part 45Belonging to a man. O! be some other name: What’s in a name? that which we call a rose By any other name would smell as sweet.Of course, they both ended up dead.  it's perhaps not all that simple.Still, words, names, count.God, after all, named the world into existence (or so claims Genesis). The word, logos (λόγος), calls forth the…
  • On Certainty - Part 2

    18 Jun 2015 | 11:01 pm
    This was going to be a comment on Judge Kopf's post, Evil, following on the killings at the Emanuel African Methodist Episcopal Church in Charleston, South Carolina.  But it was getting too long and filled with my typical digressions, so I thought I'd come over here.There are, the good judge declares, those beyond the pale.  They are, he says, utterly beyond redemption, and must be cagedAnd he offers, as exemplum, 21-year-old Dylann Roof, identified by the New York Times as the now-arrested suspect.  Look, he says, reprinting a picture of a very sullen looking Mr. Roof…
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  • Week Adjourned: 6.26.15 – NFL Sunday, Beck’s Beer, Colonoscopy Med Mal

    26 Jun 2015 | 11:44 am
    Top Class Action Lawsuits Fans of Sunday Night Football are making an end run at the NFL and DirecTV, having filed an antitrust class action lawsuit, over the bundling of games in the NFL Sunday Ticket package. Specifically, the lawsuit claims that Sunday Ticket subscribers should not be forced to pay several hundred dollars for the NFL’s […]
  • Week Adjourned: 6.19.15 – Shutterfly, Michael Kors, Hip Replacement

    20 Jun 2015 | 7:51 am
    Top Class Action Lawsuits Shutterfly may have its wings clipped. The company that developed the facial recognition software has been hit with a putative class action lawsuit over alleged privacy violations—actually—violations of Illinois state’s Biometric Information Privacy Act. Filed by Illinois resident Brian Norberg, the Shutterfly complaint asserts that online image publisher Shutterfly and its […]
  • ‘Slut’ Actress has Mommy Sue for False Arrest

    17 Jun 2015 | 9:53 am
    A 17-year old girl, sorry, actress, who was arrested last August for possession of alcohol by a minor and disorderly conduct, is suing the NYPD for false arrest. Sounds simple enough, right? Well, Winnifred Bonjean-Alpart alleges the evidence was planted. Noteworthy here, is that the charges against her were dropped by Manhattan Criminal Court Judge […]
  • Week Adjourned: 6.12.15 – US Airways, Almond Milk, First Tennessee Bank

    12 Jun 2015 | 2:31 pm
    Top Class Action Lawsuits Been charged for tickets you couldn’t purchase? Schuyler Hoffman was. He was trying to book tickets online with US Airways, and it just wasn’t working. So, he’s filed a consumer fraud class action lawsuit alleging the airline doesn’t honor its online ticket prices for certain tickets. Filed in U.S. District Court […]
  • Mistress Suing Octogenarian for on-the-Clock Work

    10 Jun 2015 | 1:08 pm
    Heads up boys… You’re not the first but you will definitely be the last, according to the wife. What could she be referring to? The latest lawsuit by the latest mistress, who alleges her 88-year old lover was to afraid to leave his wife—therefore—he must be sued. The 67-year old mistress is after Mr. James […]
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    Bitter Empire | RSS Feed

  • Cinéma Atroce: Killer Mermaid

    The Bomb Squad
    30 Jun 2015 | 2:00 pm
    The next installment of our Summer of Monsters is Killer Mermaid (aka Nymph).  As fans of the 80s classic, Splash, we find it hard to believe a mermaid could kill anyone. Except maybe with her looks. But that’s possibly the genius of this movie: everyone suspects a werewolf or a giant crocodile or Voldemort; no one suspects a woman in a shell bikini with a fish tail. It’s the quintessential “young attractive people on vacation in a foreign country get murdered by a siren” movie and we can’t wait to see how the killer…
  • Viva La Sad Girl Revolución: Daddy Issues – ‘Can We Still Hang?’

    Brandon de la Cruz
    30 Jun 2015 | 6:45 am
    Daddy Issues, Can We Still Hang part of the Infinity Cat Cassette Series We tend to forget things. I can’t remember what time I woke up this morning, or what I wore last Thursday, or the last time I ate Mexican food. I forgot the name of my dental hygienist immediately after she very politely introduced herself by saying, “Hi, my name is _____.” I lose track of what I’m doing in the middle of doing it. I’m not sure who I am, or where I should be, or what I should be paying attention to. I think we forget what the primary role of music is supposed to be because of the way it’s used…
  • Hoverboards are Real! Sort Of. Maybe.

    Joline Zepcevski
    30 Jun 2015 | 6:30 am
    Do you firmly believe that it isn’t the future until there really is a hoverboard? Well, the future is here, baby. That’s right, Lexus made a working hoverboard because they have decided to be the coolest ever car people. ZOMG! You guys! It’s a hoverboard. FOR REALS. Image credit: Lexus Except not. It’s not quite like the imaginary tech shown in Back to the Future, but before we get into all the nitty-gritty details, tell me this video isn’t tantalizing enough to make you want to go find someone from Lexus and smack ’em around until they show you one in…
  • ‘Razorhurst’ Is Neither As Diverse Nor As Horrifying As The Awards Might Have You Believe

    Lyda Morehouse
    30 Jun 2015 | 6:15 am
    Razorhurst Justine Larbalestier Aurealis Award (Best Horror novel) Nominee for Gold Inky Award Shortlist for the Norma K. Hemming Award If you’re a fan of historical novels with a supernatural twist and are particularly interested in unusual settings, you might enjoy Australian author Justine Larbalestier’s Razorhurst. This novel is set in 1932 Sydney during the Razor Gang Wars, which was, apparently, a real thing. The novel follows two characters, Kelpie, a malnourished sixteen year old street waif, and Dymphna, the “best girl” (read: prostitute) of female gangster, Gloriana Nelson…
  • Most Ridiculous Celebrity Lawsuit of the Week: Wahlburgers ‘Star’ Sued Over Script

    Michelle McCarthy
    29 Jun 2015 | 6:30 am
    Everyone has that one friend who will take up any dare you throw his or her way. Eating contest? “Sure.” Embarrassing costume in public? “I’ll do it!” Incredibly bad ideas can barely leave your lips before this person agrees to do them. In the world of Mark(y Mark) Wahlburg, that sacrificial lamb goes by the name of Nacho. He’s not the brightest or best-looking man. It appears that he is out of breath 100 percent of the time, and you can only understand every 10th word he utters. But the guy is down for a challenge. And when you’re an A-list celebrity…
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    Rochester Bankruptcy and Debt Relief

  • 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…
  • Reinstatement of Dismissed Chapter 13 Bankruptcy

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

  • A new issue of The Jury Expert 

    Rita Handrich
    29 Jun 2015 | 4:02 am
    We try to post the Table of Contents for new issues of The Jury Expert here when it publishes and there is a new issue up now. Here’s what you’ll see if you visit. Does Deposition Video Camera Angle Affect Witness Credibility? by Chris Dominic, Jeffrey Jarman, and Jonathan Lytle–all of Tsongas Consulting. Many of us have had spirited discussions about how the angle of the camera in deposition affects the impression of witness credibility. We all have strong ideas and sound reasons behind those ideas. These authors had the same sort of discussions but actually did research on it so…
  • When Jon Stewart didn’t do his job—he really made us think 

    Douglas Keene
    26 Jun 2015 | 10:18 am
    We are going to miss Jon Stewart. Even as we prepare for the return of Stephen Colbert and watch John Oliver on Last Week Tonight—Jon Stewart is the best voice of the satirical news and we will miss him immensely. Mostly, we think what puts him at the head of the class is that his satire is obviously authentic, and an expression of deeply held beliefs and unflagging sincerity. Not what you expect from a satirist, but Jon Stewart is an exceptional person, even setting aside the humor. Last week showed us just how much. Shortly after the Rachel Dolezal story, and Donald Trump’s Presidential…
  • The “double devil effect”: Bad behavior & the homely man

    Rita Handrich
    24 Jun 2015 | 4:02 am
    This is one of those clever studies where you would never guess the real purpose of the experiment. Researchers from Eastern Kentucky University wanted to see if homely men would be punished more for violating social norms than would attractive men. So they chose a black and white photo of a homely man and an attractive man (described only as “white males with brown hair, facial stubble, similar eye shape and wearing white t-shirts”). It always bugs me when researchers do this. They tease that they used a homely man but then they won’t show you the photo so you can check to see if…
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    Bar & Bench

  • AZB & Partners makes Nanditha Gopal, Percis Anklesaria Partner at B’lore, Pune office

    Bar &#38; Bench
    30 Jun 2015 | 7:12 am
    AZB House AZB & Partners is promoting Nanditha Gopal and Percis Anklesaria to partnership in Bangalore and Pune respectively. A graduate of NALSAR, Hyderabad, Nanditha started her career at AZB in 2006. She is based out of the firm’s Bangalore office. Percis Anklesaria is a ’97 graduate of Symbiosis Law School in Pune, and started her career with Zia Mody in 1999. She worked with Zia for two years before moving on to ALMT Legal, and then J Sagar Associates before returning to AZB in 2007. Speaking to Bar & Bench, Zia Mody said, “We are delighted of course. Precise…
  • Lost in rainbows? Law Min Gowda denies hinting at striking down Section 377

    Aditya AK
    30 Jun 2015 | 1:31 am
    Law Minister DV Sadananda Gowda In the wake of the recent SCOTUS judgment legalizing gay marriage in the US, social media seems to be looking at the world through rainbow-tinted shades. Perhaps it was wishful thinking that led the Economic Times to misconstrue Law Minister DV Sadananda Gowda’s comments on Section 377 of the IPC. ET reported in an article this morning that Gowda had hinted at striking down Section 377. In the story, Gowda was quoted as saying this about the SCOTUS judgment, “The mood appears to be in favour of it. But it can be done only after widespread consultations and…
  • Govt. in talks with BCI, SILF to allow entry of foreign law firms

    Bar &#38; Bench
    30 Jun 2015 | 12:09 am
    The Indian government has begun talks with the Bar Council of India on the opening of the legal market to foreign law firms, according to a PTI report. The same report quotes Commerce Secretary Rajeev Kher as saying, “We have taken a note on legal services to Committee of Secretaries (CoS). The CoS will talk about it shortly.” He added that they are broadly converging on the idea that there is a need to open up the sector in a calibrated manner. He said, “There is a need to bring in certain amount of competition in the sector. But the area of litigation will not be opened up.”…
  • Use of Arbitration in Cross-Border M&A disputes

    Bar &#38; Bench
    29 Jun 2015 | 10:42 pm
    By Joe Liu In recent years, the mergers and acquisitions (M&A) market has shown steady signs of recovery from the effects of the global financial crisis. According to a survey of over 1,000 M&A professionals conducted by KPMG, 63% of the survey participants said they were planning acquisitions in 2014. Respondents cited large cash reserves, opportunities in emerging markets, and the availability of credit on favourable terms as the key drivers of deal activity. Research conducted by Deloitte suggests that a surge in deal activity is set to continue into 2015. 84% of 2,500 corporate…
  • Gopal Subramanium may represent Katju J. in challenge to Parliament’s resolutions

    Murali Krishnan
    29 Jun 2015 | 6:41 am
    Justice Markandey Katju In a fresh salvo, retired Supreme Court judge Justice Markandey Katju has filed a petition in Supreme Court seeking quashing of resolutions passed by Rajya Sabha and Lok Sabha condemning him for his remarks about Mahatma Gandhi and Subhas Chandra Bose. Justice Katju has contended that the Parliament’s resolutions have violated his fundamental rights under Articles 14, 19(1) (a) and 21. The Speaker of Lok Sabha and the Chairman of Rajya Sabha and Secretary Generals of both the Houses have been impleaded as respondents. The details regarding the petition have been…
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    South Florida Lawyers

  • Drug Warrior Mea Culpa

    30 Jun 2015 | 6:34 am
     When overt racism became impolitic, sneaky segregationists developed more covert means. So says Federal Judge Nancy Gertner.“This is a war that I saw destroy lives,” she said. “It eliminated a generation of African American men, covered our racism in ostensibly neutral guidelines and mandatory minimums… and created an intergenerational problem––although I wasn't on the bench long enough to see this, we know that the sons and daughters of the people we sentenced are in trouble, and are in trouble with the criminal justice system.”She added that the War on Drugs eliminated…
  • Equality, The New Normal

    29 Jun 2015 | 6:21 am
     Glenn Greenwald doesn't write on gay rights very frequently because he feels that he is too close to the issue. Thankfully he's made an exception here.By a 5-4 majority, the U.S. Supreme Court ruled today that laws denying same-sex couples the right to marry violate the “due process” and “equal protection” guarantees of the Fourteenth Amendment to the Constitution. With or without the court ruling, full-scale marriage equality was an inevitability thanks to rapid trans-ideological generational change in how this issue was perceived; today’s…
  • Equal!

    26 Jun 2015 | 8:12 am
    Back in December I had to go into the hospital for some minor surgery. "Who is this," one of the hospital workers said to me, looking at my husband. "This is my health care surrogate," I said. Being a legally savvy man in an unrecognized marriage, I did what I had to do to give my partner, my husband of 15 years, the right to make decisions for me should anything go wrong, and even the right to see me in the recovery room.These basic rights that most take for granted have been denied to families like mine for too long and now those dark days are over.WASHINGTON — In a long-sought victory…
  • Obama Cares! 6 to 3!

    25 Jun 2015 | 8:18 am
     If I like my Obamacare, can I keep my Obamacare? Hopefully now the answer is yes! The U.S. Supreme Court ruled Thursday by a 6-3 vote that more than 6 million Americans, including 1.3 million Floridians, can continue to receive subsidies under the Affordable Care Act to buy health insurance through the federally run exchange at in the case of King v. Burwell, the Supreme Court upheld the Obama administration’s interpretation of the health law that allows billions of dollars in health insurance subsidies — including an estimated $389 million a month for Florida…
  • 3d DCA Watch -- This is the End, My Only Friend (Well, Until August)!

    South Florida Lawyers
    24 Jun 2015 | 9:03 am
    As I mentioned earlier, I plan to take a sabbatical for at least a few weeks (maybe more) so I can recharge my batteries and look at life from a new perspective get soused on Gibsons and engage in various life-shortening but pleasure-extending activities!(You guys should give it a try too!) So this will be my last 3d DCA Watch for a while, let's make it a good one:Teitlebaum v. SF Water District:You don't hear much about a takings theory premised on "condemnation blight."Apparently the 3d DCA doesn't think much of it either.State v. FL Worker's Advocates:I hate when this happens:The initial…
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    Compliance Building

  • Allocation of Broken Deal Expenses

    Doug Cornelius
    30 Jun 2015 | 5:00 am
    The Securities and Exchange Commission charged Kohlberg Kravis Roberts & Co. (KKR) with misallocating more than $17 million in “broken deal” expenses to its private equity funds. The SEC found this to be a breach of KKR’s fiduciary duty. An SEC investigation found that from 2006 to 2011, KKR incurred $338 million in broken deal or diligence expenses.  Even though KKR’s co-investors, including KKR executives, participated in the firm’s successful transactions efforts, KKR largely did not allocate any portion of these broken deal expenses to them. According to the SEC Order,…
  • SEC Loosens the Standards in Trade Monitoring

    Doug Cornelius
    29 Jun 2015 | 5:00 am
    One of the more difficult aspects of a private equity fund when it registers as an investment adviser is dealing with the Rule 204A-1 requirement of monitoring employee trading. The SEC recently issued guidance on the applicability to managed accounts when there is no direct or indirect influence or control. The Guidance focuses on the code of ethics rule: Advisers Act rule 204A-1. The rule requires supervised persons to report their personal securities holdings and transactions. Subsection (b)(3)(i) offers an exception to the personal trading review requirement provided the supervised person…
  • Can a Real Estate Fund Manager Be a Venture Capital Fund Manager?

    Doug Cornelius
    22 Jun 2015 | 6:03 am
    The Dodd-Frank Wall Street Reform and Consumer Protection Act split the world of fund managers into a few groups. One group that was able to grab a limited exemption from the Investment Advisers Act registration was venture capital fund managers. What does it take to be a venture capital fund manager? And could a real estate fund manager take advantage of it? I ask because I came across a real estate crowdfunding platform that took this choice. Under Rule 203(l)-1, a venture capital fund is any private fund that: (1) Represents to investors and potential investors that it pursues a venture…
  • Compliance Bricks and Mortar for June 19

    Doug Cornelius
    19 Jun 2015 | 5:00 am
    These are some of the compliance-related stories that recently caught my attention. Ethisphere Announces the 2015 Attorneys Who Matter  Honorees represent all areas of practice including federal agencies, in-house counsel, top ethics and compliance officers of major companies, and outside counsel. Each one raises the bar for ethical behavior and boasts a commendable track record of public service, legal community engagement, and academic involvement. [More…] Never Tick Off a Redbird by Tom Fox in the FCPA Compliance and Ethics Blog As to the Cardinals, what on earth could the Astros…
  • I Ask For Your Money

    Doug Cornelius
    18 Jun 2015 | 5:33 am
    Compliance Building is a free resource I publish for me, and share with you, to help the compliance profession. It will still be free, but I’m asking for money. I should point out that the money is not for me; It’s for charity. I’m riding the 2015 Pan-Mass Challenge to raise money for the Dana-Farber Cancer Institute. Please support me. If everyone who reads Compliance Building donated a few dollars I would exceed my fundraising goals. (Make a donation here.) I’m really looking to the smaller group of loyal readers. A group that I think gets some value from what I publish.
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    Simmons Hanly Conroy

  • Judge Rules Syngenta Corn Lawsuits to Proceed in Both Federal, State Courts

    Paul Hanly
    22 Jun 2015 | 9:21 am
    The federal corn multidistrict litigation against Syngenta over its marketing practices of genetically modified corn seed is progressing. In May, Judge John Lungstrum ordered that two of the hundreds of cases filed against the Swiss agribusiness company be returned to state court. The order is bad news for the company, according to Simmons Hanly Conroy Jayne Conroy, who serves as one of the lead attorneys for the national litigation. “Now we have the ability to attack them in state court and federal court,” Conroy told Bloomberg BNA. “That’s always an advantage for plaintiffs.” The…
  • New Estimate Shows Asbestos Kills More Americans Than Previous Estimates Showed

    Michael J. Angelides
    11 Jun 2015 | 5:10 am
    We know that mesothelioma is diagnosed in 3,000 Americans every year. We also know that there are many other diseases caused by asbestos – including asbestosis, lung cancer and others. In the past, the EWG Action Fund estimated that about 10,000 Americans died from asbestos exposure every year. A new analysis, however, found that the actual number is up to 15,000 Americans per year. Another important takeaway from the analysis was that even after 50 years of known medical research linking asbestos to toxic diseases, the American government still can’t completely predict the number of…
  • Asbestos Occupation Spotlight: Construction Workers

    Simmons Hanly Conroy
    6 Jun 2015 | 9:03 am
    The construction industry is one of the most dangerous industries in the United States. In 2013, one in five worker deaths were in construction on the job site, according to the Occupational Safety and Health Administration (OSHA). While many of the hazards associated with construction are self-evident, the risk of being exposed to asbestos is not always as obvious for workers, but can be just as deadly. Asbestos is a fibrous mineral that was used in building materials and found at construction job sites from the 1920s and into the 1980s. As early as the 1930s, its use was linked to serious…
  • Real Mesothelioma Stories: Ellen Patton

    Simmons Hanly Conroy
    4 Jun 2015 | 6:15 am
    Mesothelioma is known as a devastating disease that can progress quickly. Treatments for mesothelioma can be expensive because they are often highly specialized, and the financial burden can cause added stress to family and friends already devastated by a mesothelioma diagnosis. Yet, even in the face of these trials, some people still have hope. Ellen was one of those people. Meet Ellen Ellen Patton was diagnosed with pleural mesothelioma at 41 years old. She had consistently been experiencing shortness of breath, but – chalking it up to stress and age – put off seeing a doctor. When she…
  • Missouri Governor Signs Resolution Declaring Sept. 26 Mesothelioma Awareness Day

    John A. Barnerd
    2 Jun 2015 | 6:19 am
    I’m excited to share that September 26 has officially been declared “Mesothelioma Awareness Day” in the state of Missouri. Governor Jay Nixon signed Senate Concurrent Resolution 4, which made the awareness day official throughout the state. The resolution was offered by Sen. Gina Walsh, a retired member of the International Association of Heat and Frost Insulators and Allied Workers Local 1. “Hundreds of Missourians, many of whom were exposed to asbestos while working in the building and construction trades, have been diagnosed with this rare and deadly disease,” said Gov. Nixon in…
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    Texas Wills and Trusts Law Online

  • 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…
  • Estate Planning for Divorcing Couples: What Happens if One Spouse Dies While Divorce is Pending?

    Rania Combs
    3 Jun 2015 | 8:00 am
    A married man died recently. He had a Will which had been prepared shortly after he and his second wife got married. When their Wills were prepared, the man and his wife were in love and trusted each other implicitly. They planned to leave everything they owned to each other when one died, and to all their children equally after both were gone. Their lawyer suggested leaving assets to each other in trust rather than outright. They declined that recommendation, even though their lawyer explained that it might result in their children from prior marriages being disinherited. “We trust each…
  • Who Inherits If The Beneficiary Of My Will Dies Before Me?

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

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

    Dave Wieneke
    23 Jun 2015 | 7:24 pm
    Since Friday I’ve carried around a copy of the Wall Street Journal’s editorial, The Charleston Shooting. Though their editorials can get pretty partisan, they’re not hard to ignore. And their twice daily tech podcasts, databases, and smart business reporting has made my subscription a welcome guest in my business life. I tend to seek out views different from my own, so divergence is all good. However, there is a non-theoretical limit at which you just have to call “horse shit”, as Slack Co-Founder, Stewart Butterfield did over the weekend. Why should my daily…
  • Truth: the concept of race is badly broken

    Dave Wieneke
    21 Jun 2015 | 5:20 am
    The Cause Can’t Be The CureWe need to put the Confederate flag away as a sign of state. And we need to find our way through these discussions relying less on race as an organizing concept of cause or cure.  I believe that war is a tragically ineffective way to end war.  We may better find our way to compassion and justice using the vectors of economics, health, or cultural respect.   If race is anachronistic, then making it a foundation for progress risks distorting our future with our past. If we really want change, then focusing on race may not be path that takes us to a better…
  • Five Reasons the CVS / Target Deal is Smart Healthcare Business

    Dave Wieneke
    20 Jun 2015 | 5:52 pm
    The genius of Target inviting a retail competitor into its stores might not be apparent right away. After all, both sell many of the same consumer products from shampoo, gallons of milk, greeting cards, and prescription medicine. But just a moment of analysis shows this could well be the smartest deal in healthcare. 1. Target Gains Target is recovering from a failed expansion in to Canada and a high profile consumer data leak. These single-time events have hurt it financially, making it more difficult to expand via stores and online. Target’s CFO confirms this pharmacy business not…
  • Why Apple Watch & Facebook Win as Pebble Watch & Twitter Struggle

    Dave Wieneke
    15 Jun 2015 | 4:11 pm
    How commercialization, personal data and your place among an Internet of Things will be the fortune of digital platforms I’ve had a Pebble watch for more than two years and really never saw what all the fuss was about wearables. Yesterday I unboxed an Apple Watch and in just a few hours it led me to exactly what the fuss is about, and why this is, to use an over-heated word, transformational. During those two years, countless people eagerly asked if my Pebble was an early Apple Watch – and my reflexive retort was “No, this watch isn’t near smart enough to be an Apple Watch, but…
  • You Deserve Faster Internet, Phone Companies Want to Block Change by Law

    Dave Wieneke
    9 Feb 2015 | 2:07 am
    I’m interrupting my newsy blog posts with a simple request. If you like the Intenet, please read this. Imagine having affordable Internet access that is 50-100 times faster than what today is the national average. This is already normal in a number of other developed countries, and and could soon be a reality in the US. Except for efforts by the phone and cable companies to enact laws to prevent choices in what Harvard Law School’s Susan Crawford calls local monopolies. I’m Dave, I used to fight to make the Internet fast.Before I started helping organizations get their…
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    A Connecticut Law Blog

  • What Does A Real Estate Attorney Do?

    Allison McKeen
    30 Jun 2015 | 5:50 am
    by Allison McKeen What does a real estate attorney do? Your guide to the role of an attorney in a Connecticut Real Estate closing. Throughout this process, your attorney will work closely you and your real estate agent to keep you informed and work with you. Four Things A Real Estate Attorney Does For You When Buying A Home: Contract It startes with the contract. Make sure your Real Estate agent attaches an attorney approval rider to your purchase and sale agreement. Once the contract has been signed, have your agent send it to us. We review the contract with you within 24 hours. Title We…
  • Going Solo: 4 Unexpected Expenses

    Ryan McKeen
    28 Jun 2015 | 6:43 pm
    There are known knowns. These are things we know that we know. There are known unknowns. That is to say, there are things that we know we don’t know. But there are also unknown unknowns. There are things we don’t know we don’t know. – Don Rumsfeld Going solo? When you start a law firm for the first time, one of the hardest things to get a handle on in the planning phase of your firm is your monthly expenses. What’s this going to cost? How much do I have to make in order to bring money home? When you start your law firm there are going to be a lot of expenses…
  • A Full Day, A Heck of Day

    Ryan McKeen
    24 Jun 2015 | 6:33 am
    To me, there are three things we all should do every day. We should do this every day of our lives. Number one is laugh. You should laugh every day. Number two is think. You should spend some time in thought. Number three is, you should have your emotions moved to tears, could be happiness or joy. But think about it. If you laugh, you think, and you cry, that’s a full day, a heck of a day. Jim Valvano I get in the office about 7:30. The day is going to be a busy one. This morning, I’m getting a client divorced, testifying as an “expert”, and trying a breach of contract…
  • This Review Moved Me To Tears

    Ryan McKeen
    21 Jun 2015 | 1:39 pm
    This review moved me to tears. Representing a family of a loved on who has died tragically – carries with it a heavy burden. All I’ve ever hoped is that I can bring some measure of comfort to the family by representing them with dignity, compassion and respect. These cases take a toll on me. Reading this review of my work moved me to tears on Friday. I will carry it with me forever. Ryan handled the wrongful death suit related to my dad’s death in a motor vehicle accident. When we were trying to decide which lawyer to go with, he was the only lawyer that took a real interest…
  • Fly Solo But Not Alone….Join Us In Glastonbury

    Ryan McKeen
    17 Jun 2015 | 1:03 am
    I open my office door. I turn on the lights. Put my brief case down. Make some coffee. And then I get to work. That was pretty much my life for over a year working in an office by myself. It was isolating. There was no one to talk about the latest news. No one to share a coffee with. No one to bounce ideas off of. There was also no coverage. If I wasn’t in the office the office was closed. This makes things like receiving Fed Ex deliveries difficult. On numerous occassions I would pick packages up at Fed Ex near Bradley Airport. And for witnessing things, I’m so lucky my parents…
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    Associate's Mind

  • 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…
  • A Social Media Primer For New Lawyers (2015 Edition) Part 1

    Keith Lee
    3 Jun 2015 | 11:03 am
    For many people, especially to those immersed in it, social media can seem ubiquitous. #Hashtags are everywhere and on everything. On TV, people have their Twitter handles on display below their name. Everyone knows that everyone else is on Facebook. The Internet, and social media, are here in a big way. Recently, the 2015 Internet Trends Report from Kleiner Perkins partner Mary Meeker was released. TechCrunch calls it “the ultimate compilation of essential tech statistics.” Suffice to say, if you want to get a handle on where internet technology is going, it’s a must read.
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    Dangerous Drugs & Medical Devices

  • 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…
  • Actos Manufacturer to Pay Millions in Cancer Lawsuit Settlement

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

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

    Sam Glover
    30 Jun 2015 | 5:08 pm
    Please join me at 8:30 a.m. on Thursday, July 9th, at Coeur Coffeehouse in Spokane, WA, to get fueled up for the WSBA Solo and Small Firm Conference with some high-test caffeinated beverages. It’s hard to judge coffee excellence from Google Maps, but Coeur Coffeehouse looks like a good bet. It’s about a 15-minute walk from the hotel, but you might be able to take one of the hotel’s bikes if you are in a hurry.The conference doors don’t open until 9:30. and the first sessions don’t get started until 10, so we’ve got plenty of time to sip and chat.Hope to see…
  • Podcast #23: Bob Young on Being a Plaintiff’s Lawyer in a Defense Firm

    30 Jun 2015 | 4:49 am
    In today’s show, ABA Law Practice Division chair Bob Young talks about being a plaintiff’s lawyer in a defense firm, and explains what the ABA LPD is doing to help lawyers with marketing, management, finances, and technology.But first, is solo practice a terrible economic proposition for most people?Is Solo Practice a Terrible Economic Proposition? Related “3 Charts That Show Solo Practice Doesn’t Pay Like it Used To”That’s certainly what these three charts suggest. So maybe we shouldn’t be encouraging everyone to start solo practices? Aaron and Sam try…
  • Why Creativity is Important to Good Lawyering

    Kate Mangan
    29 Jun 2015 | 4:12 am
    Law is rarely considered a creative profession. Most of us think of creatives as being poets and artists, not rule-following lawyers. But creativity simply means you have the ability to think of new ideas, and that is something a good lawyer does every day. Whether you are interpreting a case in a novel way, trying to grow the pie in a negotiation, or reframing a bad fact, you need to hone your creativity. The good news is even if you do not consider yourself creative, there are ways you can cultivate creativity.Start by Turning Off Your Inner CriticTo increase the flow of new ideas, you…
  • It’s Just Marriage, Now

    Sam Glover
    26 Jun 2015 | 7:24 am
    Here’s the decision on CaseText. Twitter is the place to be if you want the firehose of reactions as everyone reads the 103-page decision as fast as they can.Or just head for the nearest downtown this weekend for what will surely be the most joyful Pride ever.It’s Just Marriage, Now was originally published on Lawyerist.
  • 7 Google Docs Add-Ons You Should Try

    Lisa Needham
    26 Jun 2015 | 3:45 am
    In the past, we have covered some alternatives to Microsoft Word, including Google Docs. For quite some time now, Google Docs has done a lot of things exactly right. Easy collaboration, compatibility with a wide variety of formats, cloud-based, free. However, Docs has also lacked some things that are often necessary for a law practice, like track changes and mail merge. Aiming to increase Docs’ utility and attractiveness, Google recently introduced add-ons for Docs, which lets third-party developers create tools that extend Docs’ functionality.As with most things Google, getting…
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    New York Personal Injury Law Blog

  • NYPD Sending Screeching Amber Alerts By Text?

    Eric Turkewitz
    30 Jun 2015 | 12:11 pm
    It came into my phone moments ago, a siren warning screeching in my pocket about an Amber Alert. It sounded like the Emergency Broadcast System that we were trained, as kids, would come in the event of some type of cataclysm. It sounded like this. And my questions are, how many did this go out to? How many were driving in their cars, and took there eyes off the road to see what the emergency was? Has the NYPD never heard of distracted driving? Did the NYPD just cause accidents because of this? Were any injured? Or killed? I understand the need to catch bad guys who may have kidnapped…
  • Yo Scalia! Play Nice!

    Eric Turkewitz
    27 Jun 2015 | 3:59 am
    Justice Antonin Scalia It seems that my Brooklyn-born guest blogger today, Jay Breakstone, was none too pleased with the temperament of Queens-raised Antonin Scalia yesterday while dissenting in the landmark case of Obergefell v. Hodges that legalized same sex marriage in all states. And Breakstone, an appellate wordsmith, has a few words to Justice Scalia, on minding his manners. From one city kid to another. And so, without further ado, a few comments on Nasty Nino… ———By Jay Breakstone———– Comments about Justice Scalia’s dissent in…
  • South Carolina: So Long and Farewell (Updated)

    Eric Turkewitz
    22 Jun 2015 | 3:40 am
    The Confederate flag flies at the South Carolina State House in the wake of mass murder by a racist. (photo by Sean Rayford for Getty Images, via the New York Times) (I’m hijacking my law blog today to publish this letter I’m sending to Gov. Nikki Haley of South Carolina, and others as listed below.) Dear Governor Haley: I’ve come down to South Carolina the past 13 years with a group of old college friends for vacation. Hilton Head is nice. But so long and farewell. We are taking our vacation dollars elsewhere. The sight of the Confederate battle flag flying full staff at…
  • The First Rule of Lawyering

    Eric Turkewitz
    16 Jun 2015 | 11:20 am
    Since Atilla the Hun lived before the age of photography, I went for the next best thing…. Over at Above the Law, Mark Herrmann was commenting yesterday on ways for associates to screw up. Hermann is a terrific writer, and author of the highly regarded Curmudgeons Guide to Practicing Law that I reviewed in 2008, as well as Inside Straight, a collection of his writings from Above the Law. But he said one thing in yesterday’s piece that really jumped out at me, as he discussed an article from another site on that subject. And that had to do with a lawyer’s personal…
  • NY Top Court: It’s Still OK To Be Negligent With Your Dog

    Eric Turkewitz
    9 Jun 2015 | 9:11 am
    Not the dog in the lawsuit, but mine. Does Tucker look like he would hurt anyone? Or even obey a command to come? It wasn’t the dog’s fault. His owner called for him in Central Park, and he bolted across the road exactly as commanded. And into the path of a bicyclist. The animal was not dangerous, but rather, was directed to do something that was. New York has had a long standing rule that held that, for pets, one could only bring a lawsuit under strict liability, if the pet had a known vicious propensity (see: Bard v. Jahnke). Hence the phrase, every dog gets one bite. We…
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    The Probate Lawyer Blog: Famous Fortune Fights!

  • 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…
  • Celebrity Legacies: Aaron Spelling Left Behind Massive Fortune & A Broken Family

    Danielle & Andy
    19 Jun 2015 | 10:01 am
    What would it be like to grow up in a 123-room mansion in a swanky Los Angeles suburb, rubbing elbows with celebrities, and buying anything you want?  Sounds pretty great -- unless it was all taken away from you as an adult.  As Tori Spelling wrote in her autobiography, it's not easy going from having a silver spoon in your mouth to a plastic one.   This is installment #13 of our Estate Planning Lessons From The Stars series, which is based on the Celebrity Legacies TV show for which we provide commentary as the estate legal experts. See other articles in the series here. Aaron Spelling…
  • Family Members of B.B. King Are Singing The Blues

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

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

  • Do You Need a Permit to Remodel Your House?

    Le Trinh, Esq.
    30 Jun 2015 | 2:33 pm
    Planning on remodeling your bathroom, adding a fence, or re-roofing your house? If so, you may need to obtain a permit. Fixing or remodeling a house is hard and costly enough, but figuring out which permits you need and applying for them can make the job even harder. Do you really need one? When Are Permits Required? While laws may vary from city to county to state, many states, such as New Jersey and Pennsylvania follow the Uniform Commercial Code (UCC). The UCC, generally, requires a permit if you intend to "construct, enlarge, alter, repair, move, demolish, or change the occupancy of a…
  • Roundup: Car Insurance Questions and Answers

    Le Trinh, Esq.
    30 Jun 2015 | 8:54 am
    Car insurance. You know you need it, but how much? What happens if you don’t have it? What happens when you get in an accident? To help clear the air, here is a roundup of our best car insurance articles to help answer your questions. 1. 5 Confusing Car Insurance Terms Explained You’re paying hundreds, even thousands, of dollars per year for car insurance. Do you know what you’re paying for, or do those insurance terms fly right over your head? Read on for an explanation of bodily injury liability insurance, property damage liability insurance, personal injury protection,…
  • Which States Now Issue Same-Sex Marriage Licenses?

    Le Trinh, Esq.
    29 Jun 2015 | 9:58 am
    While many are celebrating the Supreme Court's decision in favor of marriage equality in the case of Obergefell v. Hodges, many others are still trying to resist the tide of progress. Before the ruling came out last Friday, 15 states still had bans on same-sex marriage. Of those states, many welcomed the new era of marriage equality with open arms while some reluctantly and grudgingly complied with the "law of the land." Only a few states are still fighting tooth and nail to "protect the freedom of religious beliefs." Here is a breakdown of how those 15 states are reacting to the Supreme…
  • If I Find an Abandoned Baby, Can I Keep It?

    Le Trinh, Esq.
    27 Jun 2015 | 8:59 am
    Welcome to the new FindLaw series, "If I Find," where we'll discuss the rule of finders keepers as it applies to different topics. We hope you'll check back regularly! When Quasimodo was left on the doorstep of Notre Dame, the priest took him in. When Moses floated down the river Nile in a reed basket, the Pharaoh's sister found him and raised him as her own. If you found an abandoned baby today, could you keep it? Abandoned Babies Absolutely not! Even with property, you can't just keep any lost item you find on the street. In California, if you find anything worth $100 or more, you must…
  • Same-Sex Couples Have Fundamental Right to Marry

    Le Trinh, Esq.
    26 Jun 2015 | 9:26 am
    Yesterday, Michigan, Kentucky, Ohio, and Tennessee defined marriage as a union between one man and one woman. Today, that definition is an unconstitutional violation of the Fourteenth Amendment. The Supreme Court of the United States has ruled in Obergefell v. Hodges that same-sex couples have the fundamental right to marry. Obergefell v. Hodges This case was actually a combination of four cases from different states. In the named case Obergefell v. Hodges, Jim Obergefell, from Ohio, and his partner married in Maryland after the United States v. Windsor decision in 2013. However, the state of…
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    But I do have a law degree...

  • 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…
  • The Perpetual Baby Phase

    But I Do Have a Law Degree
    18 Jun 2015 | 12:44 pm
    For the past six and a half years, I have had a diaper in my purse. Casey, my second child, was born before my first was potty trained.  Back then I had two different sized diapers in my purse.  Colin, my third child, was born just as Casey was graduating to the potty, but I always had to be prepared.  So around that time I had two sized diapers in my purse too.  Now my third is 19 months, Casey is 4, Braden (my first) is 6, and I have one size diaper that I carry around. As the diaper quantity and sizes have shifted around in my purse over time, the majority of my friends…
  • A Documentary About... Motherhood

    But I Do Have a Law Degree
    7 Jun 2015 | 6:44 pm
    I'm a huge documentary film fan.  So when my friend Valerie told me that she knew of someone who was making a documentary film about motherhood, and who was looking for mothers to interview, I jumped at the opportunity. Truth be told, I didn't know much about the documentary when they showed up at my door with the camera crew a few weeks back, but I did know what it was called:  Mom is a Dirty Word.  I also had watched a fundraising trailer, which was intriguing in and of itself. The tag line for the short stated:  "Mom is a Dirty Word" feature-documentary…
  • On Vacation with no TV? No problem! (Thank you, Netflix!)

    But I Do Have a Law Degree
    31 May 2015 | 5:56 pm
    For better or worse, we are not one of those families that unplugs during vacation.  In fact, when looking at vacation rentals, a lack of television is a deal breaker, for a couple of reasons.  1) I don't get to watch that much TV in everyday life, so I associate TV watching with luxury, and vacation should be filled with luxuries, but most importantly 2) TV is our babysitter.  It occupies our kids when they need occupying and it provides us with short increments of time to just take a breather. Without 24 minute Disney Jr. episodes, I may well have lost sanity long ago. We…
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    Virginia Workplace Law

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

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

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

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

  • Signs Signs, Everywhere a Sign: U.S. Supreme Court Decides Reed v. Town of Gilbert

    Cullen Seltzer
    23 Jun 2015 | 2:01 pm
    The Supreme Court of the United States handed down today an important First Amendment case concerning governments’ ability to regulate commonly displayed informational signs. In Reed v. Town of Gilbert, the US Supreme Court (Justice Thomas wrote for a six Justice majority with three other Justices concurring) struck down a town’s Sign Code that regulated the size and manner of display of signs depending on whether they were “Ideological Signs,” “Political Signs,” or “Temporary Directional Signs.”  The Town didn’t care what the message…
  • Kingsley v. Hendrickson: Excessive Force is in the Eye of the Objective Beholder

    Cullen Seltzer
    23 Jun 2015 | 11:59 am
    The Supreme Court of the United States, in Kingsley v. Hendricksonwaded into the metaphysical discussion of what plaintiffs must prove about corrections officers’ state of mind in a lawsuit alleging the officers used excessive force against an inmate.  In the process, the High Court made it incrementally easier for plaintiffs to prove an excessive force case made pursuant to 42 U.S.C. § 1983. In this casecorrections officers ordered Inmate Kingsley (in custody on a drug charge), to remove a piece of paper from the light fixture in his cell.  Kingsley refused repeated orders so the…
  • Virginia Supreme Court Opinions Affecting Local Government Law: June 4, 2015

    Andrew McRoberts, Editor
    22 Jun 2015 | 11:32 am
    The Virginia Supreme Court issued opinions on June 4, 2015 during its June term.  This term resulted in several opinions affecting Virginia local government law.  These opinions addressed defamation alleged from statements by a planning commissioner, more defamation alleged from statements made by public school officials, and the grievance of an employee of a redevelopment and housing authority.  One additional “bonus” opinion is included because of the City of Hampton’s interest in the Marble Technologies, Inc. v. Mallon case, which addressed access (or lack thereof) to…
  • Virginia Supreme Court Opinions Affecting Local Government Law – April 16, 2015

    Andrew McRoberts, Editor
    16 Apr 2015 | 9:47 am
    The Virginia Supreme Court issued opinions this morning during its April term.  This term resulted in several opinions affecting Virginia local government law.  Opinions addressed evidence in a condemnation case, interpreted the Freedom of Information Act after release of a document by a Sheriff, and included the long-awaited opinion in the appeal from the State Corporation Commission in a major electric power siting case which involved potential preemption of local zoning and questions of historic and scenic impacts.   As always, congratulations to the winners! This firm was pleased to…
  • Virginia Supreme Court Opinions Affecting Local Government Law – February 26, 2015

    Andrew McRoberts, Editor
    26 Feb 2015 | 11:12 am
    This term resulted in two cases which, in our opinion, affect Virginia local government law.  One, decided by order, deals with the effect of a failure to name a necessary party (a governing body) in appealing a BZA decision.  The other addresses the difference between a local government and its constitutional officers (a sheriff) in the context of a claim under Va. Code section 15.2-1512.4 (right of local employees to contact elected officials). The case summaries are taken from the Virginia Supreme Court opinions website. Click on the case number to read the opinion. 140676 Frace v.
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    Virginia Business Lawyers

  • 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…
  • Virginia Business Law: Donald Sterling and the Law on Audio Recordings

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

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

  • 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.
  • Article III federal judge takes prosecutor to task for lying in court

    H. Scott Leviant
    4 Feb 2015 | 9:54 pm
    In an article from December 2014, Sidney Powell offers a colorful description of a proceeding in which a federal judge excoriated a federal prosecutor for lying in his courtroom.  Sidney Powell, Judge Kevin Thomas Duffy Blasts Federal Prosecutor For Lying in Court (December 16, 2014)  Sidney Powell worked in the Department of Justice for 10 years and was lead counsel in more than 500 federal appeals. She is the author ofLicensed to Lie: Exposing Corruption in the Department of Justice.  Sadly, these sorts of abused of power appear to be increasing in frequency (or…
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    Law Firm Newswire » Legal News

  • Texas Marathon Petroleum Corp May be in Hot Water Again

    LFN Editor 102KS31
    30 Jun 2015 | 3:00 am
    Austin Personal Injury Lawyers - Perlmutter & Schuelke, LLP Austin, TX (Law Firm Newswire) June 30, 2015 – Ten years ago a deadly explosion ripped through Marathon Petroleum Corp’s major refinery. Flash-forward to 2015 and there are allegations that safety precautions put in place a decade ago are being discontinued. Currently, several former employees and seven current workers at that location have filed a complaint to the Occupational Safety and Health Administration (OSHA) in relation to how workplaces are reporting illnesses and injuries. The workers chose to file a complaint as…
  • Life Settlement Companies Allow Policyholders to Fund Retirement Using Life Insurance

    LFN Editor 102KS31
    30 Jun 2015 | 3:00 am
    Palo Alto, CA (Law Firm Newswire) June 30, 2015 – The growing life settlement industry offers to buy life insurance policies and continue to pay the premiums in full, in order to help clients cover the cost of long-term care. "Many people are overwhelmed by long-term care costs, which are not covered by typical health insurance plans," said Michael Gilfix, an elder law attorney in Palo Alto. "Life settlement firms offer to help, but the industry is still relatively small and not rigorously regulated." By selling one's policy to a life settlement company, it is possible to get cash flow from…
  • House Committee Issues Subpoena in Philadelphia VA Probe

    LFN Editor 102KS31
    29 Jun 2015 | 3:00 am
    Legal Help for Veterans is a law firm helping veterans get the benefits they deserve. Northville, MI (Law Firm Newswire) June 29, 2015 - The House Veterans Affairs Committee voted on April 30, 2015, to step up its probe into allegations of mishandling of veterans' claims at the VA's Philadelphia office. In a sign of dwindling patience with the department, the committee voted to issue a subpoena of VA records for just the third time in its history. The committee has since December, 2014, repeatedly requested personnel and complaint records from the Philadelphia office with limited results.
  • $844,566,000 Wrongful Death Verdict Truly About Justice, Not About Money

    Michael Castorino
    29 Jun 2015 | 12:50 am
    David Brill (L) Robert McKee (R) Broward County, FL (Law Firm Newswire) June 29, 2015 - During a compelling one day trial that occurred on June 15, 2015, justice was served by a jury of four women and two men when, after approximately twenty-five minutes of deliberation, they rendered a verdict awarding $844,566,000 to the family of Timothy Blaikie. Two years ago, Blaikie, then forty-nine-years-old, was struck and killed in a highway accident by a drunken driver, twenty-five-year-old Chris Morena-Vega. On May 18, 2013, Chris Morena-Vega rear-ended with Timothy Blaikie, who was riding his…
  • Thirteen Motorcycles and a Pickup Truck Involved in Deadly Crash

    LFN Editor 102KS31
    26 Jun 2015 | 3:00 am
    Austin, TX (Law Firm Newswire) June 26, 2014 – This was one of the worst accidents police have even seen. Thirteen motorcycles and a pickup truck involved in a horrific crash. “Texas is rife with motorcycle riders, largely because of our year round relatively good weather, the shaky economy, making a bike more cost effective and our large number of good highways. We are not immune to an accident such as this one taking place,” adds Bobby Lee, principal partner at Lee, Gober & Reyna, Austin. The Oklahoma accident was the result of a Denali pickup truck driver, Fred Cox III, crossing…
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    My Distribution Law

  • “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…
  • Is Antitrust Relevant for Startups, Emerging, and Non-Dominant Firms?

    Howard Ullman
    16 Jun 2015 | 10:38 am
    The answer is (surprise!) “yes.” There are a number of ways in which antitrust law is relevant to emerging and non-dominant companies. Those firms may: Need to deal with the dominant firms in their markets, including by (i) responding to threats or actions by dominant firms to foreclose access to products, services or markets, or (ii) negotiating to acquire or maintain access to needed IP; Need access to standard-essential patents (“SEPs”) and to understand their rights to and under FRAND licenses; Want to exploit and license their own IP and put restrictions on its use without…
  • Wholesale Grocery Products Case Raises Questions About How and When to Apply Per Se Rule and Rule of Reason

    Howard Ullman
    8 Jun 2015 | 12:09 pm
    (Photo credit: Wikipedia) The Supreme Court today denied review in In re: Wholesale Grocery Products Antitrust Litigation, an action that came up from the District of Minnesota and the Eighth Circuit. Substantively, the case is a useful reminder about the potential dangers of non-compete agreements; procedurally, it raises some troubling questions for future Sherman Act cases. In brief, two large grocery wholesalers entered into an asset purchase agreement. The New England wholesaler (which did some limited business in the Midwest) acquired the Midwest’s wholesaler’s New England assets.
  • Do State Bar Associations Have Antitrust Risk?

    Howard Ullman
    4 Jun 2015 | 3:47 pm
    It was only a matter of time after the Supreme Court’s decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission, 135 S. Ct. 1101 (2015) (*), that a state bar association would face an antitrust suit.  But the suit happened quickly: on June 3, LegalZoom sued the North Carolina State Bar for violations of Sherman Act Sections 1 and 2 in the U.S. District Court for the Middle District of North Carolina.  LegalZoom.Com, Inc. v. North Carolina State Bar, Case No. 1:15-CV-439 (M.D.N.C.). In a nutshell, LegalZoom alleges that the Bar does not enjoy antitrust…
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    Kangaroo Court of Australia

  • Bill Shorten supporters Diana Asmar & Kimberley Kitching caught committing perjury at the FWC

    Shane Dowling
    27 Jun 2015 | 9:23 am
    Two of Bill Shorten’s closest supporters in the Labor Party have been caught perjuring themselves at the Fair Work Commission less than 2 weeks before Bill Shorten is due to give evidence at the Trade Union Royal Commission. It reflects extremely poorly on Bill Shorten and it doesn’t matter what spin Shorten’s PR people put on it everyone […]
  • Justice Michael Adams has a claytons win against Fairfax Media in defamation case

    Shane Dowling
    24 Jun 2015 | 7:20 am
    Justice Michael Adams has had a claytons win by instituting defamation proceedings against Fairfax Media and then withdrawing the matter 2 years later. From what I can tell there was no damages paid to Justice Michael Adams although there is what could only be regarded as a very weak apology and the alleged defamatory material is still on the internet. […]
  • Bill Shorten checkmated by Royal Commissioner Dyson Heydon

    Shane Dowling
    20 Jun 2015 | 6:18 am
    All types of court proceedings are quite often a game of strategy and with two moves Bill Shorten has been badly checkmated by Royal Commissioner Dyson Heydon. Counsel assisting the Royal Commission now has at least two opportunities to cross-examine Bill Shorten and that makes Stoljar’s job so much easier. Although it was never going to be too […]
  • Bill Shorten caught perjuring himself at the Cole Royal Commission new evidence shows

    Shane Dowling
    6 Jun 2015 | 7:03 am
    Bill Shorten and his supporters are in crisis mode as evidence comes out that Shorten perjured himself back in 2002 at the Cole Royal Commission and that he was also signing off on dodgy and corrupt deals with companies to rip off workers. Add this to the fact that Mr Shorten’s finger prints are all over deals […]
  • Labor Party & the Australian Workers Union took $25k bribe to help company rip off workers $2 Million

    Shane Dowling
    30 May 2015 | 7:57 am
    Evidence has been produced at the Trade Union Royal Commission that shows the Australian Workers Union (AWU) took bribes in recent years to rip off workers millions of dollars. Also as part of the deal the employers illegally handed over the personal details of their employees to the AWU so they could use them for what is known […]
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    Attorney at Work

  • Three Need-To-Knows About Website Legal Agreements

    Brian Powers
    30 Jun 2015 | 3:00 am
    If you have clients that do business online, you most likely have been called upon to prepare various website legal agreements. Depending on the website, you may be drafting Terms of Use, Privacy Policies, or other types of agreements. Before you fire those agreements off to your client in an email, there are some key questions to ask: How and where are those agreements presented on your client’s website? What actions must a website user take to accept those agreements on your client’s website? How does your client track and prove who is agreeing to what and when they agreed? The answers…
  • Three Need-To-Knows About Website Legal Agreements

    Brian Powers
    30 Jun 2015 | 3:00 am
    If you have clients that do business online, you most likely have been called upon to prepare various website legal agreements. Depending on the website, you may be drafting Terms of Use, Privacy Policies, or other types of agreements. Before you fire those agreements off to your client in an email, there are some key questions to ask: How and where are those agreements presented on your client’s website? What actions must a website user take to accept those agreements on your client’s website? How does your client track and prove who is agreeing to what and when they agreed? The answers…
  • It’s Complicated: Respect Client Schedules and Language Needs

    Mary Lokensgard
    29 Jun 2015 | 3:00 am
    In “Accommodating Clients with Special Needs,” we talked about steps you can take to provide superior service to older adults and people with disabilities. But “special needs” can also apply to clients who are full-time caregivers or busy working parents, or who speak English as a second language, or no English at all. When you step into your clients’ shoes and identify issues that make it difficult for them to work with you, you’re demonstrating your commitment and respect for them. It’s good for them and good for you, too. Dealing with Complicated…
  • Apps That Saved My … Vacation

    The Editors
    26 Jun 2015 | 3:00 am
    With summer finally in full swing, we asked our legal technology dream team, “Which apps have saved your … vacation?” They’re telling their best tips for making travel less stressful, whether for work or play, so you can hit the road well prepared! Who couldn’t use a little extra help navigating the unexpected? Of course, our best tip if you’re headed to vacationland is to ditch the devices once you’re there, and roam free. Paradise and free Wi-Fi are not always compatible. Lee Rosen: TripIt and Smart Traveler I was in New York walking on the High…
  • The Best Pricing Advice I Ever Received

    Jordan Furlong
    25 Jun 2015 | 3:00 am
    So it was the summer of 1983, and I had reached that particular stage of adolescence when your parents have finally managed, after a long succession of hints, to get across the idea that this would be a good time to secure gainful summer employment. And so off I went to the local employment office to check out the job board, and it turned out that when you’re 15 years old, there’s actually not a whole lot you’re qualified to do, which always comes as a mild surprise to your burgeoning teenage ego. For people of my age and utter lack of qualifications, however, there was the “Odd Job…
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    Expert Library

  • 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 stamp 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 [...]
  • Article 4. Methodology

    Wendy Pearson
    3 Jun 2015 | 6:00 am
    By Wendy Pearson In the Daubert decision, the Supreme Court expressly stated that the focus of the inquiry into relevance and reliability “must be solely on principles and methodology, not on the conclusions that they generate.” 509 U.S. at 595.  However, not all courts have exhibited that restraint and some courts have held that if [...]
  • Article 3. Qualifications

    Wendy Pearson
    27 May 2015 | 7:00 am
    By Wendy Pearson Before getting into the nuts and bolts of an expert’s methodology and conclusion, the opposing party likely will challenge an expert’s qualifications. Therefore, when attorneys are selecting experts, they critically evaluate credentials, knowledge of a particular subject matter, and opinions in past cases. To Take the Case or Not to Take the [...]
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    BullsEye Blog

  • 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.  
  • Expert Not Needed to Fold Diaper

    20 Jun 2015 | 7:21 am
    In a patent case over pull-up diapers, the U.S. Patent Trial and Appeal Board ruled that expert witness testimony may not always be necessary, particularly for cases in which the invention and prior art references are for straightforward and easily understandable technologies. Could this mean a change in expert testimony in patent cases if there are, indeed, only so many ways to fold a diaper?
  • Cousin Vinny Can "Assist" with the Expert Report, but How Much Is Too Much?

    15 Jun 2015 | 11:00 pm
    Automobile experts may object, but it appears the Rules only explicitly condone assistance with the expert reports of “automobile mechanics.” Several courts have come down recently on experts who merely reviewed and signed reports written entirely by counsel.  While it is clear some "assistance" by counsel is permitted in the drafting of expert reports, this still begs the question—how much is too much?
  • “I Know It’s True – I Read It on Facebook.”

    10 Jun 2015 | 11:17 pm
    As social media and other internet mediums become an integral part of everyday life, jurors find it increasingly acceptable to consult many of these sources when making their decisions. Even during trial, after they've been warned of the dangers of turning to the internet or social media to conduct their own investigation, there is a good chance they’re still going to do it. In the wake of this social media misconduct, is the question how to stop it, or rather, what will they find?
  • Class Certification Requires an “F-Bomb”

    1 Jun 2015 | 3:23 pm
    Class action litigators know: denial of class certification is usually a fatal blow.  Taking cases on an individual basis drops the potential for fees significantly while increasing the workload exponentially—meaning that if you lose the certification battle, it will likely cost you the war.  So, how do you prepare for battle?  Train and test your expert “rigorously”; sharpen your theory; then drop the “F Bomb”.
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    Hunt & Associates, PC

  • 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…
  • Statutory Conditions and Restrictions on Distributions to Equity Owners

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

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

    Krystal Chapin
    25 Jun 2015 | 7:17 am
    Whether you are just opening your doors, or have a well-established restaurant, you can agree that the legal and regulatory requirements of running your business are a big part of day-to-day operations. Making sure you are complying with these regulations is a critical factor in the success of your restaurant operation. This article aims to […]
  • Student Loan Debt and the Student Aid Bill of Rights

    Krystal Chapin
    3 Jun 2015 | 1:42 pm
    Student loan debt can be a source of much concern and stress for a lot of people. Those of us in the legal profession wholeheartedly understand the effect that undergraduate and graduate debt can have on an individual and their family. President Obama has introduced various initiatives designed to help students manage their loan debt. […]
  • Financial Elder Abuse

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

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

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

  • #barpreplife: Remembering My Why?

    24 Jun 2015 | 12:20 pm
    GUEST BLOG by Ifeoma Ukwubiwe Graduated from Rutgers School of Law-Newark During my last year of law school, I came across a series of audios called “The Edge: the Power to Change your Life Now” (otherwise known as “The Edge”) by Anthony Robbins that changed my perspective on my life. Whenever I feel discouraged, I put on my headphones and play “The Edge.” The Edge ignites a fire within me. I highly recommend these series of audios for those feeling down during Bar Prep. In Fact, you can check it out on Spotify. The audio gives tools and inspiration for success. The most valuable…
  • #barpreplife: Celebrating Small Victories

    18 Jun 2015 | 11:24 am
    GUEST BLOG by Ifeoma Ukwubiwe Graduated from Rutgers School of Law-Newark We have all heard about the benefits of celebrating small victories and its proven effect on levels of success. Being able to see small and incremental changes in ones overall performance in bar prep can substantially affect your confidence. Instead of beating myself up about what isn’t going right, I’m celebrating my victories. I’m celebrating my small victories whether they be spotting issues, improving my MBE scores on a particular topic, or even successfully sitting through a whole lecture without…
  • #barpreplife: Week 4 – Recommitting to Bar Prep

    10 Jun 2015 | 3:38 pm
    GUEST BLOG by Ifeoma Ukwubiwe Graduated from Rutgers School of Law-Newark It’s Week 4 of Bar Prep and I’m tired. As the days have progressed, I’ve kept to my BARBRI Personal Study Plan (PSP) and completed my daily assignments, yet here nearing mid-June I find that I am already behind. There is only so much energy that I can muster every day to listen to long lectures, read pages of outlines and do practice questions and essays. I literally have to search deep within my soul to get up each morning. Lately, I’ve been feeling misaligned. I’m loosing motivation to continue. Several…
  • #barpreplife: 5 Bar-Preppers to Avoid on Social Media

    3 Jun 2015 | 2:35 pm
    GUEST BLOG by Ifeoma Ukwubiwe Graduating 3L from Rutgers School of Law-Newark I’m a big proponent of Social Media. If you’re anything like me and choose to keep your social media account active during Bar Prep, avoid the following Bar-Preppers during Bar Prep: “The Pessimist Bar- Prepper” Misery loves company. So if you come across a Pessimist Bar-Prepper, “Unfollow” or “Unfriend.” The Pessimist Bar-Preppers are easy to come across. They are scared they will not pass the bar exam, and want you to be scared with them. They post things such as: “I’m going to fail the Bar…
  • #barpreplife: Don’t Fall Behind

    27 May 2015 | 1:17 pm
    GUEST BLOG by Ifeoma Ukwubiwe Graduated from Rutgers School of Law-Newark Lesson # 1: Don’t Fall Behind. My Law School Graduation was last Friday. The third day of the Torts Lecture was last Friday. I missed the Torts lecture. I celebrated my graduation and relaxed for one last time before diving full force into bar prep. Consequently, I fell behind in the Barbri schedule. Now, it’s the second week of the course, and to be honest I am getting worried about the sheer volume of information I need to make sure I understand, memorize and be able to apply before the end of July. I talked to a…
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    Attorney at Work

  • Three Need-To-Knows About Website Legal Agreements

    Brian Powers
    30 Jun 2015 | 3:00 am
    If you have clients that do business online, you most likely have been called upon to prepare various website legal agreements. Depending on the website, you may be drafting Terms of Use, Privacy Policies, or other types of agreements. Before you fire those agreements off to your client in an email, there are some key questions to ask: How and where are those agreements presented on your client’s website? What actions must a website user take to accept those agreements on your client’s website? How does your client track and prove who is agreeing to what and when they agreed? The answers…
  • Three Need-To-Knows About Website Legal Agreements

    Brian Powers
    30 Jun 2015 | 3:00 am
    If you have clients that do business online, you most likely have been called upon to prepare various website legal agreements. Depending on the website, you may be drafting Terms of Use, Privacy Policies, or other types of agreements. Before you fire those agreements off to your client in an email, there are some key questions to ask: How and where are those agreements presented on your client’s website? What actions must a website user take to accept those agreements on your client’s website? How does your client track and prove who is agreeing to what and when they agreed? The answers…
  • It’s Complicated: Respect Client Schedules and Language Needs

    Mary Lokensgard
    29 Jun 2015 | 3:00 am
    In “Accommodating Clients with Special Needs,” we talked about steps you can take to provide superior service to older adults and people with disabilities. But “special needs” can also apply to clients who are full-time caregivers or busy working parents, or who speak English as a second language, or no English at all. When you step into your clients’ shoes and identify issues that make it difficult for them to work with you, you’re demonstrating your commitment and respect for them. It’s good for them and good for you, too. Dealing with Complicated…
  • Apps That Saved My … Vacation

    The Editors
    26 Jun 2015 | 3:00 am
    With summer finally in full swing, we asked our legal technology dream team, “Which apps have saved your … vacation?” They’re telling their best tips for making travel less stressful, whether for work or play, so you can hit the road well prepared! Who couldn’t use a little extra help navigating the unexpected? Of course, our best tip if you’re headed to vacationland is to ditch the devices once you’re there, and roam free. Paradise and free Wi-Fi are not always compatible. Lee Rosen: TripIt and Smart Traveler I was in New York walking on the High…
  • The Best Pricing Advice I Ever Received

    Jordan Furlong
    25 Jun 2015 | 3:00 am
    So it was the summer of 1983, and I had reached that particular stage of adolescence when your parents have finally managed, after a long succession of hints, to get across the idea that this would be a good time to secure gainful summer employment. And so off I went to the local employment office to check out the job board, and it turned out that when you’re 15 years old, there’s actually not a whole lot you’re qualified to do, which always comes as a mild surprise to your burgeoning teenage ego. For people of my age and utter lack of qualifications, however, there was the “Odd Job…
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    The Attorney Marketing Center

  • It’s all about keeping your clients happy

    David M. Ward
    30 Jun 2015 | 11:37 am
    Nobody would argue that keeping your clients happy isn’t vital. Clearly, it is the genesis for repeat business, referrals, and getting paid on time. But is keeping your clients happy paramount? No. Keeping your employees happy is more important. If you don’t keep your employees happy, you can forget about keeping your clients happy. By the same logic, keeping yourself happy is more important than keeping clients happy. If you’re not happy, you won’t be much good to anyone else. In response to yesterday’s post about not negotiating fees, a personal injury lawyer…
  • Should I ever cut my fees for a client who wants to haggle?

    David M. Ward
    29 Jun 2015 | 12:02 pm
    A Mr. Richard Feder of Ft. Lee, New Jersey, writes. . . Sorry, I’m stuck in the 70’s. A lawyer emailed and says he has a client who is questioning his fees and wants him to reduce it. “Should I cut my fees,” he asks. He’s afraid it would open the door for her to ask again and again. Not to mention what might happen if word gets out and other clients and prospects get wind of it. The short answer to this question is “no”. Don’t do it. Don’t negotiate fees or cut them for an individual client. Doing so assails the integrity of your fee…
  • Would you like that in tens and twenties?

    David M. Ward
    26 Jun 2015 | 11:59 am
    In law school, my torts professor told us that he was able to close his practice (retire) because he settled a particularly big case and banked a big fat fee. It was close to 40 years ago, but I remember thinking, “Sounds good to me.” One reason I chose personal injury over other practice areas is because big cases happen. One case could retire you, and that was my plan. But it didn’t happen. I had some big cases, but not big enough to let me fold up my tent. I was thinking about this on my walk this morning and I thought I would ask you a question. Here it is: Would you…
  • “Keep your eyes on your own paper!”

    David M. Ward
    25 Jun 2015 | 10:21 am
    When I went to school it was against the rules to cheat off of your neighbor’s paper. Not sure if that’s true today. After all, if you don’t copy off of someone else, you might hurt their feelings. It’s like telling them they’re not smart enough to copy. What if they are a different race or gender? You might be guilty of racism or sexism. But hey, I’m old. What the hell do I know? By the way, it’s okay for me to say I’m old, but if you say it, that would be ageism. Wait. What if you’re older than I am? Can an old guy be accused of ageism…
  • Do you make this mistake in marketing legal services?

    David M. Ward
    24 Jun 2015 | 11:26 am
    I heard two radio commercials yesterday and IMH (but accurate) O, both made the same mistake. Listen up. This is important even if you don’t advertise. One spot was mass tort. I don’t recall the other. Both ads used the same call to action. They told (interested) listeners to call a telephone number, presumably, to make an appointment. What’s wrong with that? Isn’t that why the lawyers are advertising? Isn’t that how the listener with a legal issue is going to get the help they need? Sure. But here’s the thing. For every person who calls, there are perhaps…
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    Estate Law Canada

  • Three years after getting a Clearance Certificate, an executor is notified of an unpaid bill. Now what?

    30 Jun 2015 | 8:51 pm
    An executor gets a letter three years after an estate is concluded, telling her that there is an unpaid bill. The executor no longer has records of what she paid. What does she do now? A reader recently asked me about this issue. Her letter and my response are below: "My sister and I were executors of my father's estate. We received the final clearance certificate from Revenue Canada nearly
  • We're applying to be administrators of an estate. Do we need a lawyer?

    28 Jun 2015 | 3:20 pm
    I received an interesting question recently from a reader asking about applying for letters of administration. Anyone out there who is in a similar position should take a look at the following question and answer: "My husband's uncle died and did not have a will. My husband and his sisters are the only next of kin alive. We don't believe there are surviving family that will want part of his
  • Court Removes “Ill-Mannered” Administrator, Sanctions Him With Special Costs

    26 Jun 2015 | 1:32 am
    I sure get a lot of questions from readers about executors. Sometimes readers tell me that the executor they are dealing with is hostile or unreasonable. Well, you haven't seen anything yet.  Recently the court in BC had to deal with an unbelievably difficult co-administrator of an estate named James Campbell. James said he would charge the estate  $300 per email, $500 per telephone call, and
  • I'm away for a week

    12 Jun 2015 | 10:40 am
    Dear friends, I'll be gone all next week and won't be posting. I'm off to Alberta for my daughter's university convocation. That's her in the photo. We now have a criminologist in the family! See you all when I get back. Love, proud Mom
  • Give your family a break by leaving a record of your financial, legal, and everyday arrangements

    11 Jun 2015 | 9:03 am
    The following is a sample page from my workbook called For My Family, With Love. This particular page is a place to record the various pension benefits that you and/or your spouse are receiving. If your kids had to step in, either as Power of Attorney or as executor of  your estate, would they know all of this important information? How long do you think it would take them to put this together
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    AZ Attorney

  • Arizona Women Lawyers Association honors Hon. Donn Kessler with highest award at #azbarcon

    30 Jun 2015 | 9:30 am
    Hon. Don Kessler receives the 2015 Sarah Herring Sorin Award from Barbara Burke, center, and 2015 AWLA President Lisa Bossard Funk, June 26, 2015, Arizona Biltmore, Phoenix. An hour after the Supreme Court released its historic opinion legalizing same-sex marriage in all 50 states, the AWLA made historic news of their own, honoring a man for the first time with its Sarah Herring Sorin Award. On Friday, June 26, the highest award of the Arizona Women Lawyers Association went to Judge Donn Kessler of the Arizona Court of Appeals. The Biltmore Resort room was packed with a capacity crowd of…
  • Q&A answers lawyer questions about @azcourts commercial court pilot program

    29 Jun 2015 | 9:30 am
    The June issue of Arizona Attorney Magazine includes a terrific primer on a new court being piloted in Arizona: a commercial court that aims to bring expertise to bear to resolve business disputes fairly and expeditiously. The primer was written by attorney Mark Meltzer in the format of a Q&A. As the Supreme Court staff attorney tasked with serving a longtime committee examining the issue—and that eventually recommended creation of this very court—I figured he was the ideal man for the job. Here is a link to the story. (I wrote about the committee and the pilot program here.) But…
  • As #azbarcon ends, 2016 @AZStateBar Convention planning begins

    26 Jun 2015 | 3:11 pm
    Hon. Patricia Norris and President-Elect Lisa Loo share a decisive moment, June 26, 2015, Phoenix, Ariz. More news from the Convention will be in this space Monday. But as #azbarcon 2015 draws toward a close, I share a great photo snapped by the Bar’s Rick DeBruhl. Above you’ll see a historic moment: When Court of Appeals Judge Patricia Norris (L) acquiesced to the urging of President-Elect Lisa Loo to … serve as a Convention Co-Chair for next year’s Convention! Thank you in advance, Judge Norris, for giving of your time and talents in the coming year! Follow @azatty
  • Lawyer hourly fees get skewered in law firm video shown at #azbarcon by @MarkELassiter

    26 Jun 2015 | 9:37 am
    Can I get an “ouch”? Lawyer hourly fees may cause client discomfort. This morning, an #azbarcon panel addresses the landscape for alternative fee agreements. Amidst a legal profession largely still wedded to hourly billing, the notion of a fixed fee may still get a tough reception among lawyers. As attorney Mark Lassiter addressed a standing-room-only crowd, he opened by playing a hilarious video from a U.K. law firm. Riverview has made it part of their mission to blow up the hourly model. I hope to share more on alternative agreements in the future. In the meantime, enjoy the…
  • #azbarcon presenter a @UCHastingsLaw professor, accomplished harmonica player #BigHarpGeorge

    25 Jun 2015 | 11:28 am
    George Bisharat is Big Harp George, and he’s a presenter at the 2015 #azbarcon Last week, I wrote about an #azbarcon panel discussion on the Israeli–Palestinian conflict. I’ll be there when it starts at 2:00 today. But in the meantime, you should take a moment to hear from one of the panelists, Professor George Bisharat. (I disclosed before that he was my law school crim-law professor.) Today, he’ll be giving insight on the Palestinian side of the dialogue. But more pertinent for your lunchtime listening? He is Big Harp George, an accomplished harmonica player. He’s released a…
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    Law Donut blog feed

  • 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
  • Is your business ready for shared parental leave?

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

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

  • Call drops by telecom companies – Minister threatens action

    27 Jun 2015 | 5:03 am
    In the initial years of the ‘telecom revolution’, telecom companies promised many quality measures. There were measures that promised to provide free calls to customers if there were call drops, promises by companies about how they would stick to a high level of quality standards. Over the years, these promises all fell by the wayside and companies stopped trying to promise anything about quality. When companies made statements or any notification about business plans, these all related to how they were trying to acquire more customers and how they were trying to get more revenue…
  • Consumer Forum orders State Bank of Indian to refund money

    26 Jun 2015 | 5:58 am
    Banks are the custodians of money kept with them by the investing public, and given that it is a question of money, ensuring the safety of this money should be a very high concern for the bank. However, one has seen in the past that disputes between banks / other financial institutions and individuals happen all the time, and these can take a fair amount of time to settle. This also seems like an unequal fight to some degree, since the bank or financial institution is a large organization that can command lawyers and all, while in a number of cases, the customer who is fighting the bank would…
  • CIC slams Delhi land agencies for harassing person

    22 Jun 2015 | 12:15 am
    From time to time, one comes across cases where land owning agencies act in a totally arrogant manner, without caring about the rights and needs of citizens. We have already seen many cases where consumer forums and courts have acted against municipal agencies and others for working in a way that the needs and rights of citizens have been thwarted. However, this case takes a look at the land owners who have been giving up their land for compensation, many times unwillingly. Vast regions of Delhi and the outskirts (Noida, Gurgaon, Faridabad, etc) have been settled by taking over land belonging…
  • Delhi court blasts banks for high credit card charges

    21 Jun 2015 | 1:14 am
    Credit card charges tend to be very high. Some of the charges on credit card can be as high as 2.95% per month, with some annual credit charges being as high as 36% per year. These are very high charges, which is why all financial experts recommend that one should never use credit cards for money (treating it as a loan). Instead, one should always pay credit card charges in full by the due date and not roll over the money payable (especially since if one rolls over amounts after paying the minimum charges, the interest rate is applicable from the date of purchase and not from the payment…
  • Supreme Court raps Supertech, wants them to refund money

    10 Jun 2015 | 9:46 am
    Over the past few years, the courts and investor forums have grown increasing ready to take action on real estate companies, who have got used to having policies that are anti-consumer. My most horrible example of how real estate companies operate is a company that did something incredible in Noida. It delayed its delivery, and when consumers wanted to get the prescribed delay penalty from the company, it did a recalculation of the super space of the flat, increased the super space because of this calculation, and then wanted an increased amount from the customer. However, given the lack of…
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    Accellis Technology Group

  • 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…
  • Should Firms Restrict Access to Personal Email?

    Joseph Marquette
    11 Jun 2015 | 8:03 am
    A number of recent articles circulating the legal industry highlight the decision of several large firms to block personal, web-based email from their networks. Which Biglaw Firm Has Blocked Personal Email? An Open Letter to Kathryn Rubino 3 More BigLaw Firms Limit Personal Email Access This decision from large firms has left many small to mid-sized firms wondering, “should we block personal email too?” While both sides of this discussion could be debated for a long time, here’s the bottom line from my perspective: Risks to the firm from malware attacks are real and should be taken…
  • Time Matters Keyboard Shortcuts

    Accellis Technology Group
    3 Jun 2015 | 3:00 pm
    Underutilized tools within Time Matters include the use of HotKeys or those keyboard shortcuts that help users move quickly throughout the program. Firms familiar with the program may recognize a few off this master list of key combinations to make your Time Matters office even more efficient. A few shortcuts include: F5 Go To Contact List F6 Go To Matter List F7 Go To Notes List Alt+T Time Entry Advisor Alt+F6 TimeSheet CTRL +K Spell Check CTRL+M Messenger Window CTRL+SHIFT+P New Phone Call CTRL+SHIFT+N New Note CTRL+SHIFT+E New Email Download Full List of Shortcuts
  • Quickly Preview Documents in Worldox Using the Viewer Tool

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

  • Top 9 Litigation Consulting Articles from Q2-2015

    30 Jun 2015 | 10:50 am
    by Ken Lopez Founder/CEO A2L Consulting It's been another great quarter of publishing blog articles on A2L's Litigation Consulting Report Blog. This quarter, there were more than 45,000 blog post views, and we are just about to cross the 7,000 subscriber mark. I find those metrics incredible. Since we post 2-3 articles every week, I've heard from our readers that it is sometimes hard to keep up with the latest articles. To help remedy that and organize the information better, roughly six times a year we publish a mini-retrospective at the end of the quarter, at the end of a year and/or…
  • Repelling the Reptile Trial Strategy as Defense Counsel - Part 2 - 10 Ways to Spot the Reptile in Action

    26 Jun 2015 | 10:24 am
      by Ken LopezFounder/CEOA2L Consulting As I discussed in Part 1 of this series, the “reptile” trial strategy is quickly spreading among plaintiffs counsel. Some plaintiffs counsel have, in fact, claimed that the strategy has resulted in verdicts totaling more than $6 billion in the past few years. In a large room of defense attorneys to whom I made a presentation last week, more than half reported having seen the strategy used in one of their cases. I think that may just be the tip of the iceberg. It appears that many defense counsel are being subjected to the strategy and don't…
  • Repelling the Reptile Trial Strategy as Defense Counsel - Part 1

    23 Jun 2015 | 11:05 am
      by Ken LopezFounder/CEOA2L Consulting Last week, I spoke at an annual gathering of defense attorneys whose subtitle was “Lawyers and Other Reptiles.” What's going on? Who are these reptiles? It’s an interesting story. This conference was planned as a way to bring together defense attorneys around the nation who want to learn how to turn aside a frequently used set of trial tactics championed by David Ball and Don Keenan in their "Reptile" series of books and webinars. Ball is a North Carolina-based jury consultant, and Keenan is an Atlanta-based plaintiffs trial lawyer.
  • One Voir Dire Must Do and One Voir Dire Must Never Do

    16 Jun 2015 | 12:07 pm
      by Laurie R. Kuslansky, Ph.D.Managing Director, Jury ConsultingA2L Consulting You’re defending an alleged polluter. You ask prospective jurors, “Who here thinks there is too much government regulation of business?” You represent an individual hurt in a workplace accident. You ask, “Has anyone ever filed a worker’s compensation claim?” Your client is an employer accused of gender discrimination. You ask, “Please raise your hand if you believe that workers sometimes claim wrongful treatment when they simply don’t get what they want.” Why would you do that, if the only…
  • 15 Things Everyone Should Know About Jury Selection

    12 Jun 2015 | 6:58 am
    by Laurie R. Kuslansky, Ph.D. Managing Director, Jury Consulting A2L Consulting 1.  What makes a “bad” juror depends on your presentation plan. It is easier to change your plan than to change the jury. Say you’re in Delaware (the headquarters of DuPont) and you plan to say at trial that your product is fine, and that DuPont makes a similar product, but yours is better than theirs. In that case, you might want to strike people with DuPont ties. The problem is that there are so many of them and they might otherwise be fine for your case, so instead of bashing DuPont gratuitously,…
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    Austin Criminal Defense Lawyer » Bill’s Blog

  • You Should Have Been Free To Leave, Mr. Rodriguez

    Bill Mange
    4 Jun 2015 | 6:08 am
    I’ve got an iPhone and android app that will help you avoid getting arrested and teach you some rules on what to do if you are pulled over. And it’s that second topic of what to do if you are pulled over that I want to focus on today. This is what the top part of the homepage of my app looks like. It is no coincidence that just below my name, you can click on “12 Rules for Dealing with Police.” The third rule is “Politely tell the officer that you wish to leave. If you are not allowed to leave, ask to speak to an attorney immediately.” A recent United…
  • Evidence? We Don’t Need No Stinkin’ Evidence!

    Bill Mange
    17 Apr 2015 | 7:07 am
    In DWI cases, the issues often boil down to whether the accused was driving and whether he was intoxicated when he was driving. It’s usually obvious that the client was driving. The video shows it or the accused admits to having been driving. But sometimes it isn’t obvious that the client was driving. Let’s compare two cases on this topic. One is Texas Department of Public Safety v. Allocca, decided by the Austin Court of Appeals in 2009. The facts were that early one morning, an officer in Austin was dispatched to investigate a suspicious vehicle in the parking lot of the parking…
  • At Least One Legislator Has The Guts To Fight The Good Fight

    Bill Mange
    20 Jan 2015 | 6:53 am
    The Houston Chronicle reports that, thank goodness, one brave legislator has finally tackled the tough issues. The Honorable Marsha Farney, who represents Burnet, leads the fight to make this our official hat. Rep. Farney’s bill notes that “the cowboy hat symbolizes both the state’s iconic western culture and the uniqueness of its residents, and it is indeed appropriate that this stylish and dignified apparel receive special legislative recognition.” I’m thankful to Rep. Farney. Living in Austin as I do, I was worried about competition from this one, this, and…
  • How Are Grand Jurors Selected

    Bill Mange
    8 Dec 2014 | 6:23 am
    Recent Grand Jury Decisions On August 9, 2014, Officer Darren Wilson of the Ferguson, Missouri police department told Michael Brown and his friend Dorian Johnson to walk on the sidewalk instead of down the middle of the street. From that allegedly followed an altercation. Ultimately, Officer Wilson fatally shot Michael Brown. On November 24, 2014, the prosecuting attorney for St. Louis, Missouri announced that the grand jury had decided not to indict Officer Wilson for his actions. On July 17, 2014, Eric Garner was allegedly selling “loosies,” which are single cigarettes from packs…
  • Your Silence Is Deafening Invoking Your 5th Amendment Right

    Bill Mange
    25 Sep 2014 | 7:21 am
    Once upon a time, if you wanted to invoke your right to remain silent, you didn’t have to be a lawyer to understand the 5th Amendment if you have watched any type of police TV shows, or movies. You just had to say nothing. Simple,right? Nowadays you could hear a prosecutor shouting about your pre-arrest, pre-Miranda warnings silence. In Salinas v. Texas, the prosecutor used Mr. Salinas’ silence against him. Specifically, before he was arrested, the police asked him whether a certain shotgun would match the shells recovered at the scene of a murder. Mr. Salinas said nothing, looked at the…
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    Africa Music Law™

  • AML 047: Music Business & Entertainment Law Panel: Toke Makinwa, Caitlyn Jenner, Bristol Palin, Sofia Vergara & More!

    29 Jun 2015 | 1:40 pm
    Entertainment Lawyers Xerona Duke,  Ollachi “Enze” Holman and Family Law Attorney Ms. Unwam Oduok are guests on The Africa Music Law Show’s 47th episode with Ms. Uduak; where they discuss some of the hottest topics in pop culture and their intersections with the law. It’s a fun, entertaining, and  informative panel and episode you do not...
  • 5 Years Later and BET Continues to Snub African Artists at the BET Awards #BETAwards2015

    29 Jun 2015 | 7:30 am
    In 2010, BET launched the BET Awards ‘Best International Act Africa’  category. The African artist nominees footed their own bills and flew over 6,000 miles from the continent to attend the BET Awards. Nevertheless, they received their awards backstage. What was interesting was that fans on the African continent stayed up to watch their stars...
  • Nigeria is not Ready for the Creative Commons says COSON’s Tony Okoroji

    29 Jun 2015 | 6:30 am
    Chairman, Copyright Society of Nigeria (COSON), Chief Tony Okoroji has said that Nigeria is not ready for the Creative Commons approach to copyright administration. Chief Okoroji made this known while reacting to key issues deliberated upon at the recently held workshop on “Nigeria’s Digital Economy and the Copyright System: Challenges and Opportunities for Strategic Growth...
  • AML Top 10 Latest Music Video Releases: @2NiteFlavour, Blitz the Ambassador, @Sarkodie @FuseODG @Phynofino & More!

    28 Jun 2015 | 9:58 am
    Is Africa the new music frontier? Can contemporary African music, and even more specifically Nigerian music, become mainstream worldwide, especially in important music markets like the USA? Check out the latest music video releases creating buzz from African artists within and outside the continent and then let me know your thoughts. Cheers, ~Ms.Uduak 1. Power...
  • AML 046: The Benjamin Crump Interview with Ms. Uduak (Podcast)

    26 Jun 2015 | 8:11 am
    Civil rights lawyer Benjamin Crump, best known for his work representing Trayvon Martin,  the 17-year-old African American boy who was fatally shot by George Zimmerman a neighborhood watch dog, joins Ms. Uduak on the 46th episode of the Africa Music Law Show where he discusses the recent Charleston Church Shooting, representing the Trayvon Martin family, how the...
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    New Jersey Injury Attorney Blog

  • According to Study, Sleep Helps Brain Injury Patients Form and Keep Memories

    15 Jun 2015 | 2:41 pm
    A study published recently in the journal Frontiers in Human Neuroscience found that although traumatic brain injuries (TBI) can disrupt sleep, patients who can sleep after a TBI receive the same memory-consolidating benefits of sleep as their peers without brain injuries. Disruptions in sleep and memory are common symptoms after a traumatic brain injury. Even patients who suffer a mild TBI may struggle to sleep well and to remember things. In most people, sleep helps the brain retain information it has learned during the day. Researchers wanted to know whether people with TBIs would also…
  • How Serious Are Whiplash Injuries After a Car Wreck?

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

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

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

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

    9 Jun 2015 | 11:42 am
    Drunk driving is a very serious problem in the United States. According to data compiled by the Centers for Disease Control, over ten thousand individuals were killed in car accidents involving drunk driving in 2010.Alcohol have been found to be a major factor in one third of all accidents in the United States during the same year of 2010. Data on California Accidents including Drunk driving cases According to compiled data for car accidents in California in the last three years of published data, in 2010, 2,715 people were killed in the state due to auto accidents. Of this number, 1,405…
  • Am I Liable For My Auto Accident?

    8 Jun 2015 | 2:49 pm
    Liability Insurance Overview Liability coverage is a type of insurance that is used to protect people from the potential expenses that they may be held responsible for in the event of an accident. Liability insurance does not cover other types of damages that occurred to yourself or your car. Liability coverage extends beyond medical injury to another person. It covers anything that may result in the insured person being sued for negligence, malpractice, or injury as we mentioned above. Liability insurance is used to cover the legal costs of defending the insured and to pay for the final…
  • Dog Bite Victim Awarded Millions Of Dollars For Injuries

    8 Jun 2015 | 2:42 pm
    Can you imagine living somewhere in the suburbs or a major city when out of nowhere a dangerous loose animal such as a dog comes charging up to you or your child biting you severely enough to cause serious damage? It’s a pretty scary thought to think that “man’s best friend” can intensely injure or cause permanent, even sometimes fatal damage to a human being. There are a list of dangerous dogs that many cities have restrictions called Breed Specific Legislation about banning their residents from owning such breeds. Those dogs are called the “power breeds” and they are the Pit…
  • Biker Hit While In The Bike Lane? What’s Next…

    8 Jun 2015 | 2:26 pm
    Most motorists understand that they must observe the rules of the road or face penalties in the case of an accident with another driver. Yet, they may be unaware of the rules that apply to bicycles. This lack of knowledge can lead to legal problems when a driver hits a bike, especially one traveling inside the bicycle lane. California has hundreds of fatal bicycle collisions each year, with 338 killed in 2013. This significant number, the highest in the nation, demonstrates that it is highly likely that a rider will be involved in an accident. If so, here are six steps to follow: 1. Check For…
  • Truck Driver Feel Asleep & Caused An Accident – Check The Logs

    7 Jun 2015 | 6:48 am
    California attorneys know that the difference between winning and losing a case, based on a traffic accident with a commercial truck, depends mostly on providing adequate evidence to prove what caused the accident. In most civil cases, if it can be shown by either a preponderance of evidence that the truck driver is responsible for the traffic accident, then the commercial liability insurance of the truck company has to step up and pay for the damages (subject to policy limits). This burden of proof is easier to achieve in a civil trial, than the evidence needed in a criminal trial, which…
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    Wexler Wallace Law Firm Blog

  • 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
  • A Setback for Generic Consumers

    Corey Lorenz, Associate
    21 May 2015 | 8:28 am
    The road to recovery for generic drug consumers just got more difficult. After a series of rulings from the U.S. Supreme Court over the past few years, a person injured from a generic drug is almost entirely unable to bring
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  • 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…
  • Run your site NOW through Google’s “Mobile Friendly” Tester

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

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

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

  • Manterruption, Part II: The Quest for a Cure

    Pam Woldow &amp; Doug Richardson
    24 Jun 2015 | 5:49 pm
    In our last post we discussed the widespread tendency of men to interrupt women in settings where the power stakes were high (manterruption) and their tendency to appropriate women’s comments and ideas as their own (bropropriation). This Really Does Matter We emphasized that this is not a minor impediment to women’s career advancement. As Dr. Arin Reeves states, “We cannot talk about women’s retention, advancement and leadership in the workplace without exploring what happens when women are constantly interrupted.  If women cannot even be heard, can they truly advance into…
  • FLASH UPDATE: No Seat at the Table

    Pam Woldow &amp; Doug Richardson
    17 Jun 2015 | 10:15 am
    Life Imitates Blog Only a few days ago we posted a blog post, Are You a Manterrupter?, in which we discussed how unconscious gender biases of men may compromise leadership communication and result in female colleagues being marginalized, shut out, interrupted and generally frustrated in the exercise of senior-level professional responsibility.  A second, related post about how to address the impact of unconscious bias is scheduled to be posted next week. Wow, talk about timing: today’s headlines threw the spotlight on some extraordinary true-life breaking news. Fox International…
  • Are You a Manterrupter? – Part I

    Pam Woldow &amp; Doug Richardson
    16 Jun 2015 | 1:13 pm
    This is Doug, and I’m going to be flying the airplane in this post. Pam is standing by me, as usual contributing a wealth of valuable and timely information, but she’s going to hold her tongue. Why? Because research proves the likelihood that if she tried to make her ideas heard, she would learn the perils of “speaking while female,” as researcher Sheryl  Sandberg and Wharton professor  Adam Grant put it in a recent New York Times op-ed piece. The odds are that Pam would either be manterrupted, mansplained and bropropiated. If she held her ground and insisted on air time she would…
  • Curing Communication Babel, Part II

    Pam Woldow &amp; Doug Richardson
    26 May 2015 | 5:17 pm
    An Only Slightly Disguised True Story   Legal Department Head of Litigation: “Sam, I swear I’m about to kill you guys, or at least fire you. You keep sending us these urgent demands for decisions and information with totally inadequate lead time. We get settlement requests, notices of hearings, pleadings and documents for review, and requests for interrogatory information with only a couple of days for turnaround. “Do you have any idea how long it takes to go up and down the decision ladder around here?  You turn every routine communication into a pressure-prompted emergency.
  • Memo to In-House Counsel: Minimizing Communications Babel, Part I

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

  • I feel like a turtle, on its back, in the middle of the road!

    Chuck Peterson
    27 Jun 2015 | 6:37 am
    Two weeks to go – and then another six or so to sanity. This is the way it goes every time I prepare for a big trial. I try to not let it get me but it always does. And my compadres at the office, my blushing bride of nearly forty years, and anyone who happens to get in my way as I rush from one “must do” to the next. Run! Uh… I can’t run. I am a turtle on my back in the middle of the road and that is a line of cars (let’s go with Porsches) headed at me full speed! That parade of 911s is actually the government, ready to roll over me and try to crush my…
  • Pardon our absence …

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

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

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

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

  • 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…
  • Family Files Medical Malpractice Suit Against Oakland Hospital

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

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

  • According to Study, Sleep Helps Brain Injury Patients Form and Keep Memories

    15 Jun 2015 | 2:41 pm
    A study published recently in the journal Frontiers in Human Neuroscience found that although traumatic brain injuries (TBI) can disrupt sleep, patients who can sleep after a TBI receive the same memory-consolidating benefits of sleep as their peers without brain injuries. Disruptions in sleep and memory are common symptoms after a traumatic brain injury. Even patients who suffer a mild TBI may struggle to sleep well and to remember things. In most people, sleep helps the brain retain information it has learned during the day. Researchers wanted to know whether people with TBIs would also…
  • How Serious Are Whiplash Injuries After a Car Wreck?

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

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

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

    2 Feb 2015 | 12:57 pm
    Slip and fall accidents and injuries increase in the winter, especially in the snowy and icy New Jersey weather. Workers are not immune to the increased risk, whether they work indoors or out. According to the U.S. Department of Labor, most general industry accidents are slip and fall or trip and fall accidents. They cause 15 percent of all accidental deaths nationwide every year and make up one-quarter of all workplace injury claims. Slip and fall accidents in the workplace can be prevented. Here’s how to reduce the risk this winter season:
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    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.
  • Government Statistics Highlight Risk From Asbestos Related Disease
    20 Mar 2015 | 7:32 am
    According to statistics from the IIDB, asbestos is still a serious on-going problem for many workers within the United Kingdom, with an average of around thirteen new cases per hundred... The post Government Statistics Highlight Risk From Asbestos Related Disease appeared first on Loyalty Law.
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    Strictly Business

  • 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”…
  • Venture Capital Term Sheet Negotiation — Part 19: Board Matters

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

  • 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…
  • Ways to Help Prevent Accidental Drowning Injuries This Summer

    Attorney Ray Maples
    8 Jun 2015 | 9:14 am
    Summer is a great time to head to a lake, river, or swimming pool – but it is also a time when the risk of accidental drownings increases. Accidental drowning is the number-one cause of death for children under age 5, and it is a top cause of severe traumatic brain injury in children and adults. Experienced Oklahoma personal injury lawyers recommend keeping in mind these top drowning causes – and tips for avoiding them – in mind this summer. This safety information is provided by the Centers for Disease Control and Prevention (CDC): Encourage non-swimmers to learn to swim and to wear…
  • Attorney Ray Maples Earns a Spot on Oklahoma Super Lawyers List

    Attorney Ray Maples
    1 Jun 2015 | 9:39 am
    Attorney Ray Maples has earned a spot on the Oklahoma Super Lawyers list for 2015, his third consecutive year receiving this honor. He was selected for the Oklahoma Super Lawyers “Rising Stars” list in 2011, and he also earned an AV Preeminent Rating from Martindale-Hubbell in 2013.The Super Lawyers selection process focuses on attorneys who make substantial contributions to the practice of law in their areas of practice. The process begins with a nomination from a partner at a law firm, a peer, or another outside source. The Super Lawyers team then researches the attorney’s work,…
  • Celebrate National Bike Month by Driving “Bicycle-Safe”

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

  • Stress, Mental Injuries, and Workers’ Compensation

    30 Jun 2015 | 10:24 am
    Many studies and surveys have confirmed that work-related pressures are the leading source of stress for the American population, and they are on the rise. At least one-fourth of all employees view their jobs as the primary stressor in their lives, and issues at work are more strongly associated with health complaints even more so than financial or family issues. Job-related stress is typically defined as harmful physical and emotional responses that occur when a job has requirements that do not meet the abilities or needs of the worker. This does not meet the mere existence of a challenge,…
  • Report Reveals That Pennsylvania Children Are More Likely To Suffer Fatal Injuries

    26 Jun 2015 | 10:22 am
    A new report released documents that children in Pennsylvania are more likely to suffer a fatal injury than children in neighboring states like New Jersey or New York. Specifically, the investigation found that more than 16 people per 100,000 under the age of 20 died of injuries in Pennsylvania, a rate that exceeds every other state except Ohio and West Virginia. Injuries covered by the report included car accidents, drowning incidents, suffocation, poisonings, homicides, suicides, falls, fires, and overdoses. The report also found that Pennsylvanians of all ages are more likely to suffer…
  • Collapsed Bridge in Upstate Pennsylvania Reveals Workers’ Compensation Challenges Construction Workers Face

    24 Jun 2015 | 10:20 am
    On June 18, part of a 103-year-old bridge being rebuilt in Pennsylvania collapsed, injuring three workers—one in an excavator and two walking along the bridge. Paul Roman, president of Francis J. Palo Inc., the contractor on the project, said that the injured did not work for the company, but were rather employees of a subcontractor. Requirements of Pennsylvania Workers’ Compensation Act This unfortunate accident highlights the dilemma that many construction workers face. The Pennsylvania Workers’ Compensation Act requires all Pennsylvania employers to insure their workers’…
  • The Dangers of Defective Highways

    22 Jun 2015 | 10:19 am
    Many people would be surprised to find that a sizeable number of car accidents, injuries and deaths are caused by hazardous road conditions or poorly designed highways and bridges. State or local governments, agencies, and municipalities can be held liable for creating hazards on the roadways that millions of vehicles depend on for safety each year, but bringing these challenges can be more difficult than those against a private party. \Some of these hazards include improper lane marking, dangerous intersections, potholes, old, unsafe bridges, defective traffic lights, missing signs,…
  • Accident & Do Not Have Health Insurance

    17 Jun 2015 | 10:18 am
    Many people do not realize that, in the state of Pennsylvania, if you have been in an accident and do not have health insurance, car insurance policies cover your initial medical costs, not health insurance policies. This coverage is provided regardless of fault in the accident. Pennsylvania Motor Vehicle Financial Responsibility Law Under the state Motor Vehicle Financial Responsibility Law, car insurance premiums have certain medical expenses built into them. Thus, your car insurance company automatically covers certain medical expenses that are the result of a car accident. Medical…
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    Protecting What's RightProtecting What's Right

  • When the Primary Risk Factor for Mesothelioma is Also the Most Preventable

    Baron &#38; Budd
    4 Jun 2015 | 10:32 am
    It’s a twist of fate that the primary risk factor for mesothelioma is also the most preventable. We’re talking Exposure to Asbestos — exposure to asbestos kills people in the form of mesothelioma cancer, a cancer that is widely considered preventable, should you not be exposed to asbestos. We tend to think about risk factors as something that are out of our control. We think risk factors are about genetics, about our family history, about our fate or something that’s out of our hands. With mesothelioma and exposure to asbestos, it’s a bit more complicated. Because,…
  • Burton LeBlanc is Headed to Washington: On the Takata Lawsuit Subcommittee Hearing

    Burton LeBlanc
    3 Jun 2015 | 9:28 am
    Guest Post by Baron & Budd Shareholder and Former American Association of Justice President Burton LeBlanc I am in Washington, DC today to attend the House Energy and Commerce Subcommittee on Commerce, Manufacturing and Trade hearing regarding the status of the Takata airbag recall and related safety concerns. The hearing has only just begun and we have already heard serious concerns, like that of U.S. Congresswoman Yvette D. Clark, who reminded all of us about how difficult it was for consumers to learn about the necessary information in the initial months following the Takata recall.
  • “World No Tobacco Day” 2015: For the Patient You Love

    Baron &#38; Budd
    30 May 2015 | 11:00 pm
    Did you know that 1 in every 10 cigarettes consumed around the world, (in addition to many other tobacco products), is illegal? This “World No Tobacco Day,” we’re helping to shed light on the World Health Organization’s effort to put a stop to the illegal trade of tobacco products, a trade that has spawned a multitude of related global concerns, from health issues to economics to flat-out corruption. As one of the most experienced mesothelioma law firms in the country, we know a thing or two about the severe health effects  people suffer when they develop…
  • Is Negligent Upkeep to Blame for Big Bus Accidents?

    Baron &#38; Budd
    28 May 2015 | 8:52 am
    Witness the first sign of damage to your trusted car and you’re likely going to schedule an appointment at the auto shop as soon as you can. That’s something our cars require of us, those pieces of heavy machinery that we rely on day-in and day-out require our proactive care. The bigger the car, the bigger the bus, the bigger the truck, the more these pieces of machinery have to be repaired — they have more parts and they have more opportunities, typically, for things to go wrong. But while you may do everything you can to take care of your average-sized car, the businesses…
  • Memorial Day 2015: Remembering the Members of Our Armed Services Who Made This Country Possible and a Warning to Vets Everywhere

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

  • Seattle Officials Use Gift Cards to Reward Safe Drivers

    Hardwick &#38; Pendergast, P.S.
    30 Jun 2015 | 12:05 pm
    Seattle officers use traffic tickets to deter unsafe driving habits. The assumption is that drivers will avoid speeding or driving while distracted if they might face heavy fines when caught. According to a City Lab news report, Seattle officials are now trying to encourage safe driving by rewarding good behavior. This June, officers and Seattle Department of Transportation staffers took to the street to give out $5 Starbuck gift cards to drivers who obeyed the law at several different locations. They specifically targeted areas near schools, busy bridge crossings and protected bike lanes.
  • Where to Celebrate Father’s Day

    Hardwick &#38; Pendergast, P.S.
    17 Jun 2015 | 3:17 pm
    Let’s face it, Father’s Day is only a few days away and you’re still struggling with what to buy your dad to let him know you appreciate how much he has done for you. You know the classic tie or golf club isn’t going to do it and there’s no use asking for hints. He says he doesn’t want anything! So, rather than getting your dad another knick-knack or two that might just end up collecting dust, we’ve found some fun ways to spend some quality time with your father doing what he loves in Seattle. Get Outside – If your father is a fan of the great outdoors, you know that…
  • Top Driving Dangers to Avoid This Summer

    Hardwick &#38; Pendergast, P.S.
    8 Jun 2015 | 11:21 am
    It is a common misconception that the rain in springtime and the snow in winter create the most dangerous driving conditions. In fact, the most dangerous months of the year for driving are in the summer. Furthermore, the days surrounding July 4 and the early weekends of August are historically the deadliest days of the year for drivers and passengers nationwide. There are many reasons why the summer is so dangerous for motorists in Washington, including: Impaired motorists: People celebrating the summer holidays typically enjoy alcohol before hitting the roadway. If you see a vehicle that is…
  • Teenagers Injured in Seattle Car Crash

    Hardwick &#38; Pendergast, P.S.
    4 Jun 2015 | 8:38 am
    At least six teenagers were injured in a Seattle car accident in which one vehicle plummeted down a 70-foot embankment. As reported by King 5, the car crash occurred on I-5 in Seattle. Officials say one of the vehicles was traveling at a high rate of speed when it went through a guardrail and plummeted down the embankment. One of the passengers had to climb back up the hill to ask for help. The police are looking into whether the two drivers were behaving erratically or even racing. They believe that the vehicles were moving at a high rate of speed but they have not announced if the drivers…
  • Man Pushing Stroller Struck by Car

    Hardwick &#38; Pendergast, P.S.
    2 Jun 2015 | 3:33 pm
    A man in his 30s was injured in a Seattle car accident when a red SUV pinned him and his child against a wall. According to a King 5 news report, the pedestrian accident occurred at Western Avenue and Madison Street in Seattle. Officials say the man was pushing a stroller when the SUV backed up over the sidewalk while parallel parking and struck him. The driver’s shoe allegedly got stuck under the brake and the vehicle kept going. The father and the child did not suffer life-threatening injuries. Pedestrians tend to suffer injuries in relation to the speed of the vehicle involved in the…
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    Farah and Farah Legal Blog

  • 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…
  • What Is No Fault Divorce in Florida?

    Farah & Farah
    22 Jun 2015 | 10:46 am
    There are a few states where fault matters in a divorce. Florida, however, is a “no fault” divorce state. This means that neither party needs a reason or excuse for wanting a divorce. All that has to happen is for one spouse to state that the marriage is irretrievably broken. This relieves the court of having to decide who is at fault and both spouses from having to discuss personal reasons for separating. However, adultery can have an impact on a divorce on a number of other ways. For example, adultery can affect the following: Child custody: One of the many factors that are…
  • Happy Father’s Day in Jacksonville

    Farah & Farah
    16 Jun 2015 | 4:34 pm
    Hey Jacksonville Dads, your time is near! This upcoming Father’s Day, you will reign as king again. Not only will you be showered with gifts and appreciation by your family, but you will also be able to dictate the events of the day according to your wishes. But you may be unsure of what exactly it is you want to do. Well, for starters, check out the recommendations below to get an idea of the various offers you can take up on Sunday. Do the words “birdie,” “tee,” and “fairway” ring in your ears like heaven’s bells? If so, you should most definitely hit up The World Golf Hall…
  • Man Arrested for Vehicular Homicide Years After Crash

    Farah & Farah
    15 Jun 2015 | 2:57 pm
    A now 25-year-old Jacksonville man has been arrested on several serious criminal charges more than two years after being involved in a fatal car crash. According to a Florida Times-Union news report, the fatal Jacksonville car accident occurred on Interstate 295 at San Jose Boulevard during the early morning hours of December 10, 2012. His vehicle struck a guardrail and flipped over. None of the four occupants was wearing a seat belt and one of the passengers died a couple days later from his injuries. The Jacksonville driver now faces charges for vehicular homicide, DUI manslaughter, DUI…
  • Safe Phone Zones Created for Florida Drivers

    Farah & Farah
    8 Jun 2015 | 10:34 am
    The Florida Department of Transportation (FDOT) has launched a new campaign to prevent distracted driving accidents. In conjunction with GEICO, FDOT has created 64 “Safe Phone Zones,” where drivers can pull over and use their phones. If you haven’t seen the new blue signs for safe zones yet, you will soon. They are mainly placed near rest areas, welcome centers and turnpike service plazas. These signs and safe zones are meant to raise awareness of the dangers of distracted driving while encouraging drivers to pull over before using their phone. While it is not clear if…
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    Pennsylvania Family Law Blog - The Law Offices of Sheryl R. Rentz

  • 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…
  • Judge Deems Facebook an Acceptable Way to Serve Divorce Papers

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

  • Oldsmar Florida Criminal Defense Lawyer

    Florida's Top Rated Attorney
    30 Jun 2015 | 7:22 pm
    The Best Oldsmar Florida Criminal Defense Lawyer in Florida can be found by visiting The Best Oldsmar Florida Criminal Defense Lawyer in Florida can be found by visiting The Best Oldsmar, FL Criminal Defense Legal Team, The Law Offices of Oldsmar Florida, is confirmed to be one of the top ranked Florida Criminal Defense Legal Offices for good sense: they get the affair done. When you are in a lot of trouble and call for help, everyone agrees that these Law Firm are the ones to have on your side. You will feel safer knowing that you own the…
  • Widow of Prominent Ky. Defense Lawyer Sues Over His Killing – ABC News

    Lawyer - Google News
    30 Jun 2015 | 6:00 pm
    Lexington Herald Leader Widow of Prominent Ky. Defense Lawyer Sues Over His KillingABC NewsA prominent Kentucky defense lawyer's widow is suing psychiatrists and a hospital over their treatment of a patient who pleaded guilty but mentally ill in the lawyer's fatal shooting last year. The Lexington Herald-Leader ( …Widow of defense lawyer who was shot and killed sues psychiatrists, Eastern …Lexington Herald LeaderMan pleads guilty to killing prominent Ky. defense lawyerWHAS (subscription)all 43 news articles »
  • Lawyer for Dale Eaton doubts convicted murderer will be executed – Casper Star-Tribune Online

    Lawyer - Google News
    30 Jun 2015 | 5:57 pm
    Casper Star-Tribune Online Lawyer for Dale Eaton doubts convicted murderer will be executedCasper Star-Tribune OnlineCHEYENNE — A lawyer representing a Wyoming convict said Tuesday he doubts his client ever will be executed for the murder of a Montana woman because of his age and failing mental health. In response to a directive from the 10th U.S. Circuit Court of …and more »
  • Last-minute try to stop Florida’s new abortion waiting period falls short – Miami Herald

    Florida lawyer - Google News
    30 Jun 2015 | 5:56 pm
    Miami Herald Last-minute try to stop Florida's new abortion waiting period falls shortMiami HeraldFlorida's abortion waiting period does not have to wait to go into effect Wednesday, but that doesn't mean the fight is over. Tuesday evening, a last-minute legal battle cast uncertainty over a new state law requiring women to see a doctor 24 hours …Judge delays implementation of 24-hour waiting period for abortions in FloridaBradenton Heraldall 124 news articles »
  • Florida Bar Mulls Lawyer-Advised Social Media Cleanups – Law360 (subscription)

    Florida lawyer - Google News
    30 Jun 2015 | 5:42 pm
    Florida Bar Mulls Lawyer-Advised Social Media CleanupsLaw360 (subscription)Law360, Miami (June 30, 2015, 8:42 PM ET) — Attorneys may advise clients to change privacy settings and remove information from social media accounts ahead of litigation, if such actions do not violate substantive rules or laws and the data is …
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    McDonald Law Firm

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

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

  • Tampa Criminal Defense Lawyer Podcast

    Brad Post
    30 Jun 2015 | 7:41 pm
    Coming soon The post Tampa Criminal Defense Lawyer Podcast appeared first on Bauer Crider & Parry.
  • Drinking, Driving, and the Fourth

    David Parry
    28 Jun 2015 | 4:05 pm
    Note: With the onset of summer, we will discuss drunk driving in Florida – its penalties, and its consequences – in a multi-part series. Topics covered will include the following: DUI statistics in Florida, DUI penalties, several ways a first-time DUI conviction will ruin your summer, boating and drinking, and the dangers of drunk-driving on […] The post Drinking, Driving, and the Fourth appeared first on Bauer Crider & Parry.
  • Drinking and Boating

    David Parry
    19 Jun 2015 | 10:02 am
    Note: With the onset of summer, we will discuss drunk driving in Florida – its penalties, and its consequences – in a multi-part series. Topics covered will include the following: DUI statistics in Florida, DUI penalties, several ways a first-time DUI conviction will ruin your summer, boating and drinking, and the dangers of drunk-driving on […] The post Drinking and Boating appeared first on Bauer Crider & Parry.
  • 6 Ways a DUI Can Ruin Your Summer

    David Parry
    15 Jun 2015 | 12:59 pm
    Note: With the onset of summer, we will discuss drunk driving in Florida – its penalties, and its consequences – in a multi-part series. Topics covered will include the following: DUI statistics in Florida, DUI penalties, several ways a first-time DUI conviction will ruin your summer, boating and drinking, and the dangers of drunk-driving on […] The post 6 Ways a DUI Can Ruin Your Summer appeared first on Bauer Crider & Parry.
  • Part 2: Overview of FL DUI Penalties

    David Parry
    7 Jun 2015 | 4:22 pm
    Note: With the onset of summer, we will discuss drunk driving in Florida – its penalties, and its consequences – in a multi-part series. Topics covered will include the following: DUI statistics in Florida, DUI penalties, the recent rise of DUIs in central Florida, several ways a first-time DUI conviction will ruin your summer, boating […] The post Part 2: Overview of FL DUI Penalties appeared first on Bauer Crider & Parry.
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    PA Law Blogs

  • Truck and Bus Crash Kills Three

    PA Law Blogs
    5 Jun 2015 | 10:20 am
    Three people were killed and more than a dozen were injured on June 3, 2015 when a tractor-trailer drove into oncoming traffic and collided with a charter bus on Interstate 380 in Pennsylvania. The bus, which was carrying Italian tourists to Niagara Falls, had departed from a sightseeing tour in New York before it was struck. The front of the mangled bus was wedged into the trailer, which had been split in half. The truck’s cab lay on its side in the woods next to the road with one of its axles torn off. Drivers and passengers of other vehicles ran to help pull the bleeding victims from…
  • FDA Announces Zimmer Persona Knee Recall

    PA Law Blogs
    3 Jun 2015 | 7:01 am
    The U.S. Food and Drug Administration (FDA) recently issued a worldwide Class II recall of almost 12,000 Zimmer Persona Trabecular Metal Tibial Plates used in Zimmer Persona knee replacements. The FDA announced the Zimmer Persona Knee recall on March 12, 2015. Zimmer voluntarily recalled the device in a March 3rd letter to distributors and healthcare providers advising of increasing complaints about loosening and radiolucent lines on x-rays. The Zimmer Persona Knee was approved by the FDA in November 2012, and the device was distributed to hospitals in more than 25 states including 13 major…
  • Continuing Repercussions of a Car Accident

    Anapol Schwartz
    27 May 2015 | 8:59 am
    The average driver is involved in three to four auto accidents in a lifetime, according to NerdWallet. While submitting a car accident claim may not necessarily mean an increase in your auto insurance premium, it can still affect a rate quote when shopping for new insurance. When seeking new car insurance, your potential premium may be calculated based on driving record, number of accidents in which the insured was involved, the severity of past crashes, and the number of at-fault accidents. Insurers will not raise rates if the insured is not at-fault, but an insurer providing a rate quote…
  • Anapol Schwartz Investigating Amtrak Crash Cases

    PA Law Blogs
    26 May 2015 | 6:48 am
    The Anapol Schwartz law firm is now accepting cases on behalf of passengers who were injured when Amtrak Train No. 188 derailed on May 12. The firm has spoken to victims of the crash, and the attorneys are actively investigating the situation that killed eight people and injured dozens. Anapol Schwartz has a track record of success litigating complex personal injury cases of this nature. Some of the attorneys’ past awards include: Multimillion-dollar settlement on behalf of a girl whose hand was severed in a school bus accident $3 million settlement for a man severely injured when a tractor…
  • PA Car Accident Lawyer Settles $1.85 Million Wrongful Death Claim

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

  • 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…
  • FICO Creates New Credit Metric for Risky Consumers

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

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

  • Puerto Rico Headed for Default

    29 Jun 2015 | 11:41 am
    Puerto Rico's governor, Alejandro García Padilla, says he must pull the island out of a "death spiral," in which the commonwealth cannot pay its debts of approximately $72 billion, reports The New York Times. Governor Padilla and senior members of his staff stated they intend to seek significant concessions from as many as all of the island's creditors, which could include deferring some debt payments for as long as five years or extending the timetable for repayment, according to The New York Times. "The debt is not payable," Mr. García Padilla said, according to The New York Times. "There…
  • Sonn|Erez Investigating Claims Involving Former LPL Broker Raymond Schmidt

    25 Jun 2015 | 6:41 am
    Sonn|Erez is investigating claims regarding Raymond Daniel Schmidt (CRD #3258497, Oceanside, California). Schmidt recently submitted an AWC in which he was barred from association with any FINRA member in any capacity. See FINRA Case #2014042741201. Schmidt was associated with LPL Financial, LLC, from July 2006 until September 2014 when he "resigned while under internal review," according to FINRA. FINRA found that from approximately May 2009 through November 2012, Schmidt borrowed $2,254,818.57 from seven firm customers, for the purpose of purchasing real estate and constructing a vacation…
  • Sonn|Erez Investigating Claims Involving Former Merrill Lynch Broker Joel Blum

    22 Jun 2015 | 6:55 am
    Sonn|Erez is investigating claims regarding Joel Eziekel Blum (CRD #4905379, Goshen, New York). Blum recently submitted an AWC in which he was fined $10,000 and suspended from association with any FINRA member in any capacity for 20 days. See FINRA Case #2014040186601. Blum was associated with Merrill Lynch from May 2008 until his termination in February 2014. Blum has been associated with Ameriprise Financial Services, Inc., since February 2014. The Form U-5 filed by Merrill Lynch to terminate Blum's registration states that he was discharged for "conduct including failure to contact clients…
  • Sonn|Erez Investigating Claims Involving Former SunTrust Broker Kirsten Hawkins

    18 Jun 2015 | 9:04 am
    Sonn|Erez is investigating claims regarding Kirsten Flynn Hawkins (CRD #2509324, Staunton, Virginia). Hawkins recently submitted an AWC in which she was barred from association with any FINRA member in any capacity. See FINRA Case #2014043789401. Hawkins was associated with SunTrust Investment Services, Inc., from January 2003 until December 2014. Hawkins consented to the entry of findings that she failed to provide FINRA-requested documents and information involving an investigation into allegations that she converted approximately $500,000 from a member firm's customer. The customer filed a…
  • Sonn|Erez Investigating Claims Involving Former Securities America, LPL Financial Broker James Rosebrough

    15 Jun 2015 | 6:13 pm
    Sonn|Erez is investigating claims regarding James A. Rosebrough Jr. (CRD #4355308, Gilbert, Arizona). Rosebrough recently submitted an AWC in which he was assessed a deferred fine of $5,000 and suspended from association with any FINRA member in any capacity for 30 days. See FINRA Case #2013038263201. Rosebrough was associated with Securities America, Inc., from September 2013 until his termination in February 2015. The Form U-5 filed by Securities America to terminate Rosebrough's registration states that he permitted to resign for "failure to disclose that there was a FINRA sanction being…
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    New York & New Jersey Consumer Law Blog

  • NJ Housing Code Enforcement & Landlord's Responsibility for Maintenance vs. Repair

    29 Jun 2015 | 6:18 am
    Municipal housing code citations can be a nightmare for NJ landlords. A prior post explained how some tenants intentionally or neglectfully damage their apartment and sic the city on the landlord. These housing code citations can be used by the tenant to form the basis of habitability or "Marini" withholding. Even worse, housing code citations carry onerous municipal fines. In light of the dual damage of landlord-tenant habitability withholding and municipal fines, NJ landlords should be aware of the technical requirements of the International Property Maintenance Code ("IMPC"). Housing code…
  • NJ Housing Code Enforcement & the IPMC Notice of Violation to the "Person Responsible"

    28 Jun 2015 | 5:29 am
    New Jersey landlords face a complicated regulatory jungle. In addition to the stringent requirements of the Anti-Eviction Act (N.J.S.A. 2A:81-61.1 et. seq.), Landlords must also comply with the NJ Department of Community Affairs and local housing code enforcement. In Northern New Jersey, many cities (Jersey City, West New York etc.) adopted the International Property Maintenance Code and rely on housing/building code departments to enforce it. Like most laws, the International Property Maintenance Code (the "IPMC") was designed with the best intentions. In practice, the IPMC can be abused by…
  • 2014, the Year that Was: NJ Commercial Tenant Finally "Gets with the Program"

    9 Jan 2015 | 4:26 am
    A NJ commercial landlord-tenant relationship can be challenging to manage. A commercial landlord must balance the benefit of having a rent paying tenant in a space that can be difficult to rent with the realities of the tenant's behavior. In 2014, the Firm confronted this scenario: Pursue an eviction matter far enough to convince a commercial tenant to change his behavior while preserving the landlord-tenant relationship and rent payments to the Landlord.
  • 2014, the Year that Was: NJ Eviction of a Subetter Claiming to be a Co-Tenant

    2 Jan 2015 | 12:37 pm
    A residential landlord client received financing for his building from the New Jersey Housing and Mortgage Finance Agency. In exchange for this financing, Landlord had to maintain a certain amount of low-income units in the building. This financing agreement serves the noble purpose of diversifying buildings, neighborhoods and cities. It has the added virtue of being successful. Unfortunately, it is subject to abuse. In this case, the tenant on the lease did not live in her low income unit. Instead, she lived far out of state and sublet her unit to the highest bidder. This conduct violated…
  • 2014, the Year that Was: A 5 Part Review of Successful NJ Landlord-Tenant Cases

    2 Jan 2015 | 12:34 pm
    2014 was a busy year for the Firm on the landlord side of the ledger. Some particularly notable NJ landlord-tenant cases include (1) a successful eviction in connection with a tenant's refusal to cooperate with the Landlord's lease (required by the NJ Housing and Mortgage Finance Agency); (2) A chronically difficult commercial tenant's total acquiescence to the Landlord's demands minutes before trial; (3) A successful defense of a tenant's illegal apartment claim against a landlord; (4) An eviction of a horrid with horrific behavior for damage to the apartment and (5) a trial judgment in…
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    Wisconsin Family Lawyer Blog


    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…
  • Termination of Child Support in Wisconsin When a Child Reaches Adulthood

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

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

  • Browning v. Hickman - Pretrial Investigation Critical in Crash Lawsuits

    30 Jun 2015 | 11:22 am
    The importance of careful pretrial investigation by injury victim attorneys cannot be overstated. It is essential in any injury case to have all elements carefully laid out so there are no surprises, nothing overlooked. This is true even in relatively simple cases. While plaintiffs are understandably interested in minimizing their legal expenses, not investing in this kind of thorough preparation even prior to the trial phase can be a costly mistake. Important details such as prior accidents, prior criminal records, witness backgrounds, officer backgrounds and other potentially relevant…
  • Jimenez v. 24 Hour Fitness - Waiver of Liability Not a Catch-All

    26 Jun 2015 | 10:54 am
    Just because a person signs a waiver of liability before engaging in a certain activity does not mean the owner or organizer cannot be held responsible. It's true that waivers of liability can complicate matters, and it's also a fact that many Florida courts have upheld these waivers as valid. However, that does not mean a case is rendered hopeless just because one exists. While these waivers needn't spell out each and every possible injury that might arise from a given activity, they can't protect against gross negligence or willful, wanton or intentional misconduct. The intent of all…
  • Ex parte Quality Carriers, Inc. - Tractor Trailer Strikes Disabled Vehicle With Fatal Results

    23 Jun 2015 | 8:15 am
    Disabled vehicles pose a serious risk of injury not only to the operator and occupants, but also to others on the road. That's why it's best to maintain a vehicle in basic working order, to avoid potentially dangerous scenarios in the first place. The recent case of Ex parte Quality Carriers, Inc. illustrates what can happen when people in this scenario fail to respond appropriately to minimize the risk. According to records from the Alabama Supreme Court, which recently weighed a change of venue request from one of the defendants, a tractor-trailer company, the case started with a disabled…
  • Cain v. Lee - Punitive Damages in Injury Litigation

    19 Jun 2015 | 8:05 am
    In any injury lawsuit - be it a car accident or a defective product or premises liability - there are two general types of damages that can be awarded. The first type is compensatory damages. This is a sum of money awarded following a civil action to compensate a person for injuries, property damage or other losses resulting from the unlawful or negligent action of someone else. These damages provide a plaintiff the amount that's necessary to replace what is lost, and nothing more. Of course, we know some losses are forever and there is no "replacing" the ability to walk or living pain-free…
  • Protect Children From Risk of Falls in Summer

    14 Jun 2015 | 1:20 pm
    We tend to think of motor vehicle accidents as the greatest danger to children. And there is truth to that. Crashes are a top cause of death among U.S. children, claiming hundreds of lives each year. But the bigger risk for many children may surprise you: Falls. Every day in the U.S., approximately 8,000 children are treated in U.S. emergency rooms for fall-related injuries. This totals 2.8 million children injured every year. Hundreds of children die as a result of falls, which are almost always preventable. On average, 40 percent of these are toddlers and 275,000 sustain traumatic brain…
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    Chicago Immigration Lawyer Blog

  • Third Anniversary of DACA

    24 Jun 2015 | 9:14 am
    Dreamers around the country are celebrating the third anniversary of President Obama's Deferred Action for Childhood Arrivals (DACA) program. Announced in 2012, President Obama, through executive order, took the fear of deportation away for countless undocumented young people in the country. While the expanded DACA program remains on hold while a lawsuit plays out, since the President announced DACA in 2012, Dreamers all over the country have taken advantage of the program. Since USCIS began accepting applications, over 700,000 individuals have benefited from the DACA program. To celebrate,…
  • What's Going on with the DACA/DAPA Lawsuit?

    10 Jun 2015 | 11:11 am
    Immigration policy is complicated enough but it gets even more complicated when a federal lawsuit is involved. So let's take a minute to rundown what's actually happening with the DACA lawsuit currently going through the federal court system. Back in November, President Obama announced his long anticipated executive action expanding the DACA program and creating DAPA. Almost immediately after the announcement, a group of 26 states filed a lawsuit in a federal district court to stop the President's new program from going into effect. In February, a federal district judge issued an injunction…
  • Fiancé(e) Visas Part 2: Removing the Conditions and Proving your Marriage

    9 Jun 2015 | 3:12 pm
    The process of filing a K-1 fiancé(e) visa for a loved one can be a complicated process from beginning to end (for a more in depth view on the initial steps of filing a K-1, please see here). When you apply for adjustment of status in the United States and your green card is approved, it is initially only on a conditional basis. In order to be granted a permanent status, that conditional status must be removed in two years. The process begins once the K-1 visa has been granted. You will have ninety days upon arrival to the United States to be married, or else you will be required to leave.
  • Presidential Nominee calls for Expanded Legal Rights and a Pathway to Citizenship for Immigrants

    26 May 2015 | 1:12 pm
    Hilary Clinton, the presumptive favorite for the Democratic Party's presidential nominee, has given her full support for immigrant rights and to finding a pathway for citizenship. In a change from her campaign in 2008, where she was hesitant on whether to allow people who were undocumented to obtain drivers license, she now completely backs immigration reform, and highlights her support for reform as a way of distancing herself from her Republican rivals. Mrs. Clinton also stated that she would defend and expand President Obama's executive actions on DAPA and the expansion of DACA. DACA is…
  • Expansion of DACA

    16 Feb 2015 | 9:05 pm
    President Obama finally announced his plans to overhaul U.S. immigration policies via executive action. This blog post will focus on the President's initiative to increase the amount of people who can be eligible for Deferred Action for Childhood Arrivals (DACA). Eligible individuals will be granted deferred action and work authorization for three years under this expanded DACA program. This expansion also eliminates the upper age limit of 31, so anyone who meets the remaining requirements can apply. Please note that this provision was dealt a set back by a US district court ruling which has…
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    South Florida Criminal Law Blog

  • 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…
  • Florida Prescription Drug Trafficking Cases Against Medical Professionals - State v. Sanchez

    3 Mar 2014 | 9:01 am
    While it may seem like a technicality, the specific section of a Florida criminal law under which a person is charged can make a huge difference in the outcome of the case. Prosecutors are required to be precise in charging individuals with crimes, and the failure to do so may result in those charges being dropped, dismissed or reduced. This is particularly true in drug cases, where the amount of drugs in question often determines the severity of any punishment. In State v. Sanchez, Florida's Fourth District Court of Appeals explains how charging precision is also important in prescription…
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    South Florida Car Accident Law Blog

  • 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…
  • Florida Bad Faith Insurance Claims Require Detail, Facts - Rodriguez v. Integon

    5 Mar 2014 | 6:23 am
    Florida law generally requires auto insurance companies to act in "good faith" when handling claims against the people they insure. Failure to do so can result in a lawsuit, either by the insured individual or family or by those with claims against them. In Rodriguez v. Integon, the U.S. District Court for the Middle District of Florida explains the basics of a bad faith claims and reminds us that a complaint must provide sufficient allegations for a court to determine whether those claims are viable. Alex Rodriguez was injured in an October 2010 car accident in which the car he was driving…
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    Dallas Divorce Law Blog

  • 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…
  • Divorce Agreements, Einstein and the Nobel Prize

    Michelle O&#039;Neil
    16 Jun 2015 | 6:00 am
    When negotiating a final divorce settlement, every divorcing person must decide for himself or herself what to give up in exchange for getting a divorce. Rolled into that decision is the priority of guilt, moral values, and the willingness or unwillingness to continue to participate in the conflict of the divorce process. These decisions and feelings are not solely the province of “regular people” – famous people go through it too. Wedding photograph of Albert Einstein and Mileva Marić, January 6, 1903 Take Albert Einstein, for example. A few months ago a group of universities released…
  • To Return or Not Return the Engagement Ring… That is the Question

    Michelle O&#039;Neil
    9 Jun 2015 | 6:00 am
    Life is all hunky-dory when two people get engaged. They are hopeful for the future and look forward to a long life together. But, sometimes people don’t quite make it to the alter before it all falls apart. I dare say it is probably better to find out before the alter than after. Even so, what happens to the sparkly and expensive show of affection purchased to solemnize the occasions – the Engagement Ring? The bigger the rock, the more at stake; even small rocks may be big to some. An engagement ring is what is called a “conditional gift” in Texas. Ownership does not convey until the…
  • Presumption of MATERNITY in Texas?

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

  • 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…
  • Foreclosure and Bankruptcy in New York

    4 Jun 2015 | 9:49 am
    A recent decision by the United States Supreme Court raises important issues for those whose homes are in foreclosure and are considering filing for federal bankruptcy protection. This case involved a borrower whose home was "underwater," which means that the mortgage debt on the property (both a first and second mortgage) exceeded the current value of the home. In such cases, the bankruptcy counsel will often seek to have the second mortgage "stripped off," that is, removed, so that it is no longer a lien on the property. The Supreme Court ruled that, in such situations, the second mortgage…
  • Where Will You Be Driving This Memorial Day Weekend?

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

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

  • 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.
  • Making Awkward Financial Discussions Easier for Everyone

    Krause Donovan Estate Law Partners
    15 Jun 2015 | 11:29 am
    Making Awkward Financial Discussions Easier for Everyone Do you have someone in your life such as a spouse, a parent, your child or a close friend that is making unwise financial decisions that are destructive or unproductive? Most of us have someone like this in our lives. We want to help that person achieve financial well-being but we do not know where to begin. It may seem impossible to help them get on a good, solid financial track without appearing condescending or judgmental. It is not our intent to put our loved ones on the defensive or to make them feel inadequate but we cannot stand…
  • Inherited IRA – How Do I Protect This Valuable Asset?

    Krause Donovan Estate Law Partners
    4 Jun 2015 | 11:19 am
    Inherited IRA – How Do I Protect This Valuable Asset? The composition of a probate estate has changed over the past few decades. Just 40 years ago, the family home was the most valuable asset most parents left to their children. Today is much different. It has become rare to see a young couple purchase a home, put down roots and stay in that home for 40, 50 or 60 years. We live in a transient society where our jobs and lives require us to move several times before our retirement. Therefore, the concept of the family home being the bulk of an inheritance is outdated. Individual Retirement…
  • Estate Planning – A Process, Not an Event

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

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

  • 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…
  • California Court Defers to Virginia Court's Jurisdiction Over Child Custody Case

    16 Jun 2015 | 10:24 am
    Child custody disputes tend to bring out intense emotions in both parents. This can be attributed to the notion that each party typically wants to spend as much time as possible with their children after the divorce. And while it is important to sort through the most practical and visible aspects of a custody arrangement, such as who the child lives with and which parent is responsible for making significant decisions in the child's life, there are some less obvious matters that often must first be addressed. One underlying, yet important issue concerns a court's authority in the first…
  • California Legislation Addresses Tax Liability and Divorce

    9 Jun 2015 | 12:33 pm
    Couples who decide to divorce are often concerned with resolving the most visible and practical matters: child custody, visitation, and support, as well as spousal support and property division. In addition to these highly important issues, there are some less obvious but significant matters that could affect the parties financially once the divorce is finalized. For example, according to the Internal Revenue Service, most married couples file joint tax returns because of certain benefits this filing status affords them. This means that both spouses are jointly and severally liable for the…
  • California Court Interprets Divorcing Couple's Agreement to Terminate Jurisdiction Over Spousal Support

    2 Jun 2015 | 11:59 am
    In some divorce proceedings, couples may ask the court to determine the enforceability of the terms contained in various types of agreements, including a marital separation agreement, a prenuptial agreement, or any stipulation affecting the parties' rights going forward. In performing this task, a judge often seeks to determine the intent of both parties by reviewing the specific language of the agreement as well as the circumstances surrounding its execution. In some cases, the couple may choose to prepare their own agreements, without the assistance of counsel. Drafting a document that will…
  • California Court Holds Judgment of Legal Separation Establishes Date of Separation

    26 May 2015 | 12:30 pm
    Divorce is often an emotionally difficult process for all family members involved. For this reason, choosing to separate and divide up a family is usually the result of much thought and consideration on behalf of the spouses. But once the decision is made, the parties must take very seriously the myriad legal and financial implications in order to adequately protect their rights. Something as simple as the date of a court's judgment of legal separation can have a wide-ranging impact on each spouse's financial situation going forward. In order to understand how California's family code and…
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    Maritime & Cruise Ship Accident Lawyer Blog

  • 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…
  • Food Safety on Cruises is Often Overlooked

    Gerson &#38; Schwartz, P.A.
    1 Jun 2015 | 8:58 am
    If you are a passenger on a cruise, you may be aware of a number of potential hazards (especially if you are a regular reader of this blog). You may be aware of slippery floors, excursion accidents, mechanical failures, and a number of other possibilities. But one thing we don’t give much thought to is food safety. How safe is the food that cruises are serving? Report Looks at Cruise Food Safety ProPublica has looked into this issue in a fascinating, interactive page that allows viewers to look at safety from each aspect of a cruise ship, from the kitchens to the pools to everything…
  • Three People Injured on a Cruise, Yet Nobody Knows Why

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

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

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

  • Anatomy of an OSHA Inspection

    25 Jun 2015 | 8:42 am
    We are back with Marvelous Manufacturing and Classy Consultants who are about to undergo OSH-Administration inspections.. ( Click here for last week’s post).  Their owners and management, would like an idea of what they can now expect. So, assuming that genuine OSH-Administration inspectors (aka compliance officers) showed up at your business, what could you expect–at least in general terms? That’s our topic for this week–after the jump… Believe it or not, employers facing OSHA inspections have a number of rights–before, during and after the…
  • Surprise!! An OSHA Inspector Is At Your Door!

    18 Jun 2015 | 4:00 am
    Suppose you own the Marvelous Manufacturing Company ( “Marvelous”) and your best friend owns Classy Consulting Firm, Inc (“Classy”). One fine day you and your best friend arrive at your respective offices and each of you are greeted with an OSH-Administration inspector. (Assume for now both inspectors have an appropriate warrant or subpoena.) What’s up with that? Can an OSHA inspector really just show up like that? Even so, is that really such a likely scenario? Depending on the circumstances, quite possibly, yes. What kind of circumstances? Maybe, just maybe we…
  • OSHA and Workplace Violence

    11 Jun 2015 | 4:00 am
    Workplace violence has become a growing concern for employers and employees alike– and with good reason. Approximately two million workers report having experienced  workplace violence each year. According to the Bureau of Labor Statistics Census of Fatal Occupational Injuries, of the 4547 fatal workplace injuries reported in 2010, 506 of them were workplace homicides. I’ll bet that got your attention. Workplace violence has also gotten someone else’s attention: the Occupational Safety and Health Administration (aka OSHA, aka for our purposes the OSH-Administration).
  • Is Your Employee’s Injury Reportable Under OSHA?

    4 Jun 2015 | 4:00 am
    Most of us know that employees who sustain work-related injuries are often entitled to workers’ compensation coverage. Most of us know that employers are legally required to have workers’ compensation insurance. It’s unlikely that you will find a way around those requirements–but do you have to keep a record of all work-related injuries and illnesses? Do you have to report them to the Occupational Health and Safety Administration (OSHA)? The short answer is…maybe. For the slightly longer and hopefully more helpful answer, join The EmpLAWyerologist after the…
  • Breaking News: US Supreme Court Rules in Favor of Applicant in Abercrombie “Hijab” Case

    1 Jun 2015 | 11:16 am
    The much-awaited ruling in the Abercrombie & Fitch “hijab case” is here. Abercrombie & Fitch refused to hire 17-year old Samantha Elauf, because the headscarf she wore pursuant to Muslim practices (which she was wearing at her job interview) conflicted with Abercrombie’s “look” policy, which prohibited pretty much any head coverings. (Click here for a review.) The US District Court (i.e. the “trial court”) agreed with the EEOC that Ms. Elauf had a legitimate religious discrimination claim. The 10th Circuit Court of Appeals reversed, ruling…
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    Kessler Law Firm

  • Fastest Trial Ever

    3 Jun 2015 | 10:56 am
    This morning’s jury trial began at 9:30 with the prosecutor’s opening statement. She gave hers, I gave mine, and she called her first witness. This was a domestic battery accusation, and witness number one was the accuser. I was loaded for bear. I had photographs that contradicted her claim. I had certified copies of her felony convictions, and her convictions for crimes of dishonesty or false statement. I had two police reports documenting her use of an alias. I had copies of court documents in which she had claimed to have been in a mental hospital for treatment of ADHD. I had documents…
  • Paying It Forward Like Johnny Appleseed

    6 Mar 2015 | 11:45 am
    I am embarking on a journey, a campaign, if you like, a sort of Johnny Appleseed-like endeavor. One of America’s fondest legends is that of Johnny Appleseed, a folk hero and pioneer apple farmer in the 1800’s. There really was a Johnny Appleseed and his real name was John Chapman. He was born in Leominster, Massachusetts in 1774. His dream was to produce so many apples that no one would ever go hungry. Although legend paints a picture of Johnny as a dreamy wanderer, planting apple seeds throughout the countryside, research reveal him to be a careful, organized businessman, who over a…
  • Joe McCallum Gets Out Of Prison Today

    29 Aug 2014 | 6:00 pm
    In 1990, I defended a man charged with capital murder. On May 6 of that year, four men drove from a trailer park in southern Fort Pierce to a house in Sebastian. At least three of them burst through the front door and held a man at gunpoint. The man, allegedly a pot dealer, was home with his teenage girlfriend and his 6-year-old son. The intruders robbed the man, and then shot him execution-style in front of the girl and boy. Joe McCallum was one of four men arrested. All were indicted for first degree murder. McCallum was alleged to have been the sole triggerman. His Confession McCallum…
  • Ethics on Parade at NCDD

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

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

  • A Close-Up on Birth Injury: Using Forceps During Birth

    9 Jun 2015 | 10:22 pm
    Sometimes, to help deliver a child, physicians will use forceps, a surgical instrument resembling a pair of tongs. Unfortunately, there are some birth injuries that have been associated with the use of forceps. According to the Mayo clinic, "[a] forceps delivery poses a risk of injury for both mother and baby." However, Reuters reported in 2011 that forceps deliveries were actually tied to lower brain injury rates. In this post, we navigate the potential risks and benefits of a forceps delivery.
  • A Close-Up on Birth Injury: Erb's Palsy

    4 Jun 2015 | 9:30 pm
    Several weeks ago, we talked about brachial plexus palsy, a birth injury that occurs when the nerves of the brachial plexus, which control the muscles of the arm, have been damaged during the birthing process. Erb's palsy, also known as Erb-Duchenne palsy, is a type of brachial plexus injury that occurs typically through shoulder dystocia, which we have discussed in prior postings. Erb's palsy occurs when the upper group of the arm's nerves, particularly the upper trunk C5-C6 nerves, are severed.
  • A Closer Look at Birth Injury: Cephalopelvic Disproportion (CPD)

    29 May 2015 | 11:50 pm
    One of the conditions that can cause complications during pregnancy is cephalopelvic disproportion (CPD), a condition wherein the baby's head or body is too large to fit through the mother's pelvis, according to the American Pregnancy Association. According to the American Pregnancy Association, "true CPD is rare, but many cases of 'failure to progress' during labor are given a diagnosis of CPD." In this post, we discuss the causes of CPD.
  • Birth Injuries: High Risk Pregnancies and the Roles of OB/GYNs and Perinatologists, Part II

    22 May 2015 | 10:20 pm
    Last week, we talked about high risk pregnancies and perinatologists, who have specialized and received additionally training in high risk pregnancies. In that post, we defined pregnancies to be "high risk" when they consisted one or more of several factors including maternal health issues, problems with past pregnancies, and a history of pregnancy loss. We also explained a little bit about perinatologists and their training. Today, we discuss what exactly they do and the relationship between an OB/GYN and the perinatologist.
  • Birth Injuries: High Risk Pregnancies and the Roles of OB/GYNs and Perinatologists, Part I

    15 May 2015 | 2:48 pm
    High risk pregnancies can be frightening, and it is important to seek out and receive good care during a high risk pregnancy. Fortunately, there are OB/GYNs, otherwise known as perinatologists, out there who have received additional training specifically for high risk pregnancies. In this post, we discuss the factors that may contribute to high risk pregnancy and general information about perinatologists.
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    South Florida Criminal Attorneys Blog

  • 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…
  • Florida Connection to Silk Road Case, Bitcoin, Money Laundering and More

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

  • St. Louis Cardinals Executives Under Investigation For Hacking Astros

    Mayberry Law Firm
    16 Jun 2015 | 1:25 pm
     The St. Louis Cardinals baseball team is under investigation by the FBI and Unites States Attorney’s Office in Houston, Texas for allegedly hacking an Astros player database. The New York Times reports that FBI and Department of Justice officials have evidence that Cardinals officials tapped into a database created by a current Astros exec and former Cardinals exec. According to the Times report, the database contained information on player statistics, scouting information, and internal discussions about players, trades, and other proprietary information. Thus far, both the Cardinals and…
  • Man Charged With Trespassing For Breaking Car Window To Save Dog

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

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

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

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


    11 Jun 2015 | 7:34 am
    The largest verdict to date was reached the other week in the ongoing legal proceedings for cases brought against the Marlborough, Ma.-based company Boston Scientific by women who suffered complications after receiving their defectively designed pelvic meshes. Boston Scientific is currently facing about 20,000 vaginal mesh lawsuits from women across the country. Last month they were able to settle some 2,970 of these by agreeing to pay out $119 million to patients, but the verdict reached by a Delaware jury this week in a personal injury case brought by Deborah Barba will see them paying $100…
  • Amtrak Train Derails in Philadelphia, Tragically Killing 6

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

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

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

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

    24 Jun 2015 | 7:55 am
    The Department of Homeland Security (DHS) Secretary Mr. Jeh Johnson recently confirmed that his department will continue to fight for the quick implementation of the updated Deferred Action for Childhood Arrivals program and the new Deferred Action for Parental Accountability program. Commonly referred to as DACA and DAPA, respectively, these two programs allow for the temporary suspension of deportation proceedings for young adults who were brought to the U.S. as children and for the parents of lawful permanent residents (green card holders) and U.S. citizens. Qualified applicants also…
  • Senators Urge the Department of Homeland Security to End Family Detention

    9 Jun 2015 | 8:46 am
    Last week, nearly one-third of the U.S. Senators signed onto a letter addressed to the Department of Homeland Security (DHS) Secretary Jeh Johnson. The purpose of the letter was to express the Senators' profound disappointment with the Obama administration's policy of imprisoning foreign national mothers and children in detention centers. These mothers and children are escaping the violent conditions in Central America. The Senators' Letter In their letter, the Senators informed Secretary Johnson of their opinion that the DHS should only detain mothers and children as a method of last resort,…
  • Are California Republicans Softening on Immigration?

    29 May 2015 | 8:56 am
    It is undeniable that foreign workers have greatly contributed to the United States economy on both the national and state levels. These incredible and far-reaching contributions are particularly felt in the state of California, where the tech industry continues to boom thanks in large part to foreign workers, entrepreneurs, and investors. At times, it can feel as though the Republican Party refuses to acknowledge these and similar contributions that the foreign national population brings to the country. However, thankfully it looks like the California Republicans are coming around on…
  • DAPA National Day of Action

    29 May 2015 | 8:55 am
    President Obama's executive action that would have provided immigration relief and work authorization to hundreds of thousands of undocumented foreign national parents of lawful permanent residents (green card holders) or U.S. citizens was originally scheduled to go into effect on May 19, 2015. However, a group of states sued the federal government and lobbied the court to stall the implementation of the new deferred action programs. Since the judge in that case granted the request, the implementation of the programs has been temporarily blocked, leaving the would-be beneficiaries without any…
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    Palo Alto Estate Planning Blog

  • 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…
  • Finding Lost Life Insurance

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

  • 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…
  • Florida Seeks to Amend Wholesale Tobacco Tax Law

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

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

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

  • Reclassification Rule Makes S Corporation’s Income Not Passive, Despite Taxpayers’ Lack of Participation

    Samuel C Berger, PC
    26 Jun 2015 | 7:45 am
    Passive activity rules can allow a taxpayer to reduce his or her tax obligation if the activity qualifies. Sometimes, though, even when a taxpayer meets the standards for not materially participating in a business, the law allows the Internal Revenue Service to reclassify that income as nonpassive anyway. That’s what happened recently in a US Tax Court case involving a couple who owned a medical supply business and a real estate corporation. BEK Real Estate Holdings, LLC was an S corporation 100% owned by Larry and Dora Williams. The couple also owned BEK Medical, Inc., a C corporation.
  • Making Sure You Meet the Deadline for Filing Your Amended Federal Income Tax Return

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

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

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

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

  • Regulation A+ Forms Published- Securities Lawyer 101

    Brenda Hamilton, Securities and Going Public Lawyer
    23 Jun 2015 | 10:46 am
    Going Public Lawyer  On June 19, 2015, Regulation A+ became effective.  The new rule imposes certain filing requirements with the Securities and Exchange Commission (SEC). Regulation A+ requires certain offering information be reported on Form 1-Z and it imposes ongoing reporting requirements for issuers that conduct Tier 2 offerings.  Form 1-Z requires information about the amount of securities qualified and sold, as... Read MoreGoing Public Lawyer
  • A Tale of Corporate Hijackings, and Two Stings: Amogear and CitySide

    Brenda Hamilton, Securities and Going Public Lawyer
    18 Jun 2015 | 4:59 am
    Going Public LawyerIn July of last year, the Securities and Exchange Commission, the U.S. Attorney for the District of Massachusetts, and the Federal Bureau of Investigation brought charges against five individuals whose attempt to manipulate shares of Amogear Inc. was caught in an undercover operation. The defendants, promoters Andrew J. Affa, Michael A. Affa, Mitchell H. Brown, Christopher R. Putnam, and Christopher... Read MoreGoing Public Lawyer
  • Amateur Golfer Convicted of Securities Fraud – Going Public Attorney

    Brenda Hamilton, Securities and Going Public Lawyer
    17 Jun 2015 | 10:36 am
    Going Public Lawyer  On June 17, 20-15, a federal jury convicted amateur golfer, Eric McPhail and Douglas Parigian. McPhail was convicted of conspiracy and securities fraud for his role in an insider trading ring that traded on inside information about American Superconductor Corporation. The criminal charges against McPhail arose out of the same fraudulent conduct for which the Securities & Exchange Commission... Read MoreGoing Public Lawyer
  • Going Public – Regulation A+ – IPO Alternative

    Brenda Hamilton, Securities and Going Public Lawyer
    16 Jun 2015 | 6:03 am
    Going Public LawyerRegulation A+ is designed to facilitate smaller companies’ access to capital by providing an alternative to direct public offerings/DPO’s and initial public offerings/IPO’s.  Regulation A+’s new rules provide investors with more investment choices and issuers with more capital raising options during their going public transactions.  Regulation A+ provides a workable alternative to an initial public offering/IPO by allowing companies to raise capital without... Read MoreGoing Public Lawyer
  • Exchange Act Registration & Going Public For Foreign Issuers

    Brenda Hamilton, Securities and Going Public Lawyer
    13 Jun 2015 | 9:00 pm
    Going Public LawyerForeign companies going public in the United States must file a registration statement covering a class of securities pursuant to the Securities Exchange Act of 1934, as amended (“Exchange Act”) if the class of securities will be listed on a United States national securities exchange such as NASDAQ. A foreign private issuer must register a class of equity securities under... Read MoreGoing Public Lawyer
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    Dallas Justice » Criminal Law Blog

  • Donley County 2nd Degree Money Laundering Reduced to Misdemeanor and Money Returned

    Michael Lowe
    26 Jun 2015 | 11:38 am
    Mr. Lowe’s client was stopped by DPS Trooper Danny Nunez and later prosecuted by District Attorney Luke Inman of the 100th Judicial District of Texas (Carson County, Donley County, Hall County, Collingsworth County and Childress County).  Trooper Nunez is one of the most prolific Drug Interdiction Police Officers in the State of Texas.  Trooper Nunez is assigned to handle drug interdiction highway traffic investigation mostly inside Carson, Donley, Hall, Collingsworth and Childress Counties Texas. District Attorney Luke Inman is also one of the top drug interdiction prosecutors in the…
  • Dallas Grand Jury “No Billed” Aggravated Sexual Assault

    Michael Lowe
    26 Jun 2015 | 9:02 am
    Mr. Lowe’s client was charged with Aggravated Sexual Assault by the Mesquite Police Department.  The client was accused of holding his ex hostage in his apartment and repeatedly raping her.  The complaining witness even had injuries to her face which were visible and there was sufficient SANE exam evidence to demonstrate the complaining witness had recently had sexual intercourse.  A SANE exam is a standardize exam done by a qualified nurse to determine whether any physical evidence can be found on the rape victim’s body to corroborate her Sexual Assault claim. A Grand Jury…
  • Heroin in Dallas, Fort Worth, and North Texas: All Kinds of Felony Arrests Are Possible

    Michael Lowe
    24 Jun 2015 | 3:01 pm
    This month, new national research studies are warning once again about the dangers of drug overdoses, both from prescription drugs (think Oxycodone and Vicodin) as well as illegal drugs like heroin.   heroin pellets June 2015 Research Warns of Epidemic in Heroin Overdose Deaths According to the June 2015 study released by nonprofit organization Trust for America’s Health / Robert Wood Johnson Foundation: Drug overdoses are the leading cause of injury deaths in the United States, at nearly 44,000 per year; Drug overdose deaths have more than doubled in the past 14 years; Half of…
  • Police That Lie: More on the Secret Texas District Attorney Lists of Police Officers Not Trustworthy to Take the Witness Stand

    Michael Lowe
    17 Jun 2015 | 11:06 am
    Prosecutors have lists of the names of police officers and deputy sheriffs that they don’t trust to take the witness stand — did you know these lists existed?  Do you think that every police officer is honest and trustworthy to tell the truth, the whole truth, and nothing but the truth on the stand? Do you assume that a police officer who takes an oath and sits down in the witness stand is going to tell the truth? Brady v. Maryland: The Brady Lists Prosecutors in every District Attorney’s Office in the State of Texas are well aware of the 1963 opinion coming from the U.S.

    Michael Lowe
    11 Jun 2015 | 9:26 am
    I have been following the Dennis Hastert case carefully.  I know a lot about the so called “structuring” violation and the 18 USC 1001 violations, since I’ve defended these cases many times in Federal Court.   Dennis Hastert: Official Photo from the 109th Congress Based on my reading of the indictment and the other facts which have become known to the public about this case, I have some opinions which aren’t in step with some of the so called expert legal commentators I’ve read about this case. Let’s start with the Indictment. Indictment of Dennis Hastert – May 2015…
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    Kyle Smith Law

  • 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 409 N. Pacific Coast Highway, #229 Redondo Beach, California 90277 Tel: (949) 529-8464 E-mail: Fax: (949) 861-6506 Thank you for visiting my website. I look forward to rolling out a new one soon! Sincerely, Kyle D. Smith Attorney at Law
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    South Florida Personal Injury Lawyers Blog

  • Florida Court Finds Injured Woman’s Request to Amend Her Premises Liability Complaint Must be Reconsidered

    Friedman, Rodman &#38; Frank, P.A.
    25 Jun 2015 | 1:39 pm
    In Grover v. Karl, a woman was apparently hurt when she fell after a fight broke out at a Florida bar.  Following her injury, the woman sued the alleged property owner for negligence.  Although the woman initially accused another patron of intentionally attacking her, she later stated her fall occurred when the bar manager was shoved into her during a fight between two other individuals.  In response to the woman’s premises liability action, the bar owner filed a motion for summary judgment.  Such a motion may be granted when there are no material facts in dispute, and one party to a…
  • Southern District of Florida Refuses to Dismiss Negligence Case Filed Against Cruise Ship After Child Was Apparently Injured Onboard

    Friedman, Rodman &#38; Frank, P.A.
    22 Jun 2015 | 1:37 pm
    In Gittel v. Carnival Corp., the parents of a child who allegedly suffered an injury while traveling aboard a cruise ship filed a negligence action against the company that operated the vessel in the Southern District of Florida.  In their complaint, the plaintiffs asserted that the child was hurt when she collided with a pointed edge that protruded into a ship passageway.  In response to the plaintiffs’ lawsuit, the cruise ship company filed a motion to dismiss the case under Federal Rule of Civil Procedure 8(a)(2).  In order to survive such a motion, a complaint is required to contain…
  • Middle District of Florida Refuses to Dismiss Mesothelioma Lawsuit

    Friedman, Rodman &#38; Frank, P.A.
    18 Jun 2015 | 3:51 pm
    In Dugas v. 3M Company, a man filed a lawsuit in Florida against several companies over his alleged exposure to asbestos fibers while serving in the United States Navy. In his complaint, the man claimed he developed fatal mesothelioma as a result of this exposure to the dangerous product. In addition, the man alleged that each of the defendant companies or their predecessors processed, manufactured, mined, distributed, or otherwise supplied asbestos fibers to the Navy. In response to the negligence, strict liability, fraudulent concealment, and loss of consortium lawsuit, the defendants filed…
  • Disability Benefits Denied Over Misrepresentations Made by Employee in Florida Workers’ Compensation Case

    Friedman, Rodman &#38; Frank, P.A.
    15 Jun 2015 | 11:45 am
    In Leggett v. Barnett Marine, Inc., a marine dock construction worker apparently hurt his back while moving a heavy object at a Florida workplace in May 2013. Following his injury, the man’s employer accepted compensability and provided him with authorization to pursue medical care. In addition, the employer began paying the injured man temporary total disability payments. While undergoing physical therapy for his back harm, the man apparently hurt his hip. Due to this injury, the employee’s physician referred him to an orthopedic surgeon for evaluation. After stating the employee’s…
  • Florida Appeals Court Overturns Discovery Order Due to Constitutional Privacy Concerns

    Friedman, Rodman &#38; Frank, P.A.
    11 Jun 2015 | 9:26 am
    In Muller v. Wal-Mart Stores, Inc., a military veteran was apparently injured when he was hit by a truck at a Florida department store distribution center. At the time of the accident, the truck was being driven by a store employee. Following the accident, the man filed a negligence lawsuit against the store and the driver in a Florida court. In his complaint, the man sought damages for his permanent physical harm, suffering and pain, disability, aggravation of a preexisting condition, lost wages, and more. During discovery, the department store learned that the man was a veteran of the…
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    Massachusetts Social Security Disability Lawyers Blog

  • Johnson v. Colvin: Social Security Disability Benefits

    Law Offices of Jeffrey S. Glassman
    28 Jun 2015 | 6:50 am
    Johnson v. Colvin, a case from the United States Court of Appeals for the Eighth Circuit, involves claimant who suffered from a variety of serious medical conditions including, morbid obesity, chronic asthma, depression, post-traumatic stress disorder (PTSD), anxiety, and intellectual functioning impairment. Claimant has never been employed and only completed school through ninth grade. She never obtained a GED and never learned to drive a car nor obtained a license to drive. When she applied for Supplemental Security Income (SSI) benefits, the United States Social Security Administration…
  • Engstrand v. Colvin: Denial of SSDI Benefits

    Law Offices of Jeffrey S. Glassman
    25 Jun 2015 | 6:28 am
    Engstrand v. Colvin, a case from the Unites States Court of Appeals for the Eighth Circuit involves claimant who was working as a dairy farmer before becoming disabled. Claimant worked until he turned 47 years old. He had been suffering from various health conditions prior to becoming disabled, but it was his diabetic neuropathy and osteoarthritis which both became unbearable. His last day at work was in July of 2010. In his claim for Social Security Disability Insurance (SSDI) benefits, claimant alleged he first became disabled in July of 2007. He was initially denied when he applied for…
  • Child Cancer Patients Turn to Supplemental Security Income Benefits as Adults

    Law Offices of Jeffrey S. Glassman
    21 Jun 2015 | 6:18 pm
    Social Security Disability Insurance (SSDI) is essentially a government-run, long term disability insurance program. However, instead of paying a premium directly to an insurance company, as is required to secure and maintain a private disability benefits policy, workers have a portion of their gross pay deducted from their paychecks, and the money is used to fund the Social Security disability benefits programs, including SSDI. Once a worker has earned enough credits by working for a minimum number of quarters and becomes disabled through injury or illness, claimant can file a claim for…
  • Social Security Disability Benefits when Agency Believed Claimant was Dead

    Law Offices of Jeffrey S. Glassman
    19 Jun 2015 | 6:14 pm
    It is often hard enough to get Social Security Disability Insurance (SSDI) benefits in the first place. After Social Security Administration (SSA) finally awards you benefits, the benefits should continue for years to come. However, it is easy to understand why SSA would terminate benefits when they have information a claimant is no longer living, but one would hope they would verify this information before terminating benefits. According to a recent news article from KITV, one disability claimant in Hawaii who was very much alive, was told her benefits were terminated because she had died.
  • Papesh v. Colvin: Social Security Disability Insurance Benefits Litigation

    Law Offices of Jeffrey S. Glassman
    16 Jun 2015 | 6:04 pm
    Papesh v. Colvin, a case from the United States Court of Appeals for the Eighth Circuit, involved a claimant who worked as a bakery assistant, where she helped decorate cakes. She had earned a GED and lived with her husband and her adult daughter. She began to experience pain, which eventually got worse. Claimant reported to doctor she had long-term lower back pain, which radiated through her legs and hips. She reported the pain was worse while she was working, because the bakery’s concrete floors were difficult to stand on for an entire day. She started to develop palpation of her…
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    Austin Immigration Lawyer Blog

  • Department of Homeland Security Designates Nepal for Temporary Protected Status

    Lyttle Law Firm, PLLC
    27 Jun 2015 | 8:23 am
    For undocumented immigrants, the nature of their status can pose considerable problems for them over the course of their stay in the United States. Fortunately, there are a few things that immigrants can do to address this concern. One of the more interesting possibilities that immigrants can do is to check if their specific conditions allow them to secure a Temporary Protected Status from U.S. Homeland Security. If your specific conditions match the requirements stipulated by the Department of Homeland Security, you stand to gain a tremendous amount of comfort from the benefits included in…
  • Supreme Court Denies U.S. Citizen’s Entry Visa Appeal for Afghan Husband

    Lyttle Law Firm, PLLC
    25 Jun 2015 | 8:21 am
    Several immigrants want to live in the United States but the encompassing authority of the U.S. government to deny them entry is a major hindrance to their dreams and ambitions. While there are a number of ways that undocumented immigrants can explore in an attempt to live in the U.S., there is no guarantee that government authorities will grant them the legal status that they want. One way of entering the United States legally is through marriage to a U.S. citizen. It is important for immigrants to be aware of the fact that this is far from being a guaranteed method of entering U.S.
  • Immigrant Reveals Negative Treatment from Authorities in Texas Detention Center

    Lyttle Law Firm, PLLC
    22 Jun 2015 | 8:09 am
    Several undocumented immigrants attempt to enter the United States every year only to be caught by immigration authorities. More often than not, most of these cases are brought to detention facilities until they are deported back to their countries of origin. A considerable amount of these immigrants come from violent nations in Central America. They flee to the United States in the hope of escaping extreme poverty and violent backgrounds. Lilian Oliva Bardales was one of these immigrant cases. Bardales fled Honduras but was detained by U.S. Immigration and Customs Enforcement authorities.
  • Immigrant’s Attempt to Halt Removal Proceedings through Fourth Amendment Violations Fails

    Lyttle Law Firm, PLLC
    18 Jun 2015 | 8:27 am
    Undocumented immigrants who are facing removal proceedings need to have a strong legal basis to be able to evade deportation. Several immigrants who have entered the U.S. through less than legal means run the risk of being apprehended by immigration authorities. Once removal proceedings have been initiated, there might still be a chance for an immigrant to avoid the verdict of deportation. If an immigrant’s Fourth Amendment rights are violated, it is possible to file a petition to suppress the evidence that is brought against the immigrant and terminate the removal proceedings. In order for…
  • Lawmakers Explore Immigration Reform Issues from an Economic Perspective

    Lyttle Law Firm, PLLC
    15 Jun 2015 | 5:56 am
    There are a number of conflicting points of view whenever the subject of immigration reform rears its head. President Obama’s attempts to implement extensive immigration reform have resulted in a great deal of controversy. Conservatives rallied to block the executive order that Obama’s administration had crafted. Obama’s plans would have granted legal status to millions of immigrants if there wasn’t such a strong sense of opposition from varied camps. Undocumented immigrants and their supporters may feel a sense of defeat as far as the question of reform is concerned but it is…
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    Health Care Law Blog

  • 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…
  • False Claims Act Compliance: 16 Hospitals to Pay $15.69 Million to Resolve Allegations of Medically Unnecessary Psychotherapy Services

    Kevin S. Little
    21 May 2015 | 10:58 am
    By: Lee H. Little Health Care providers evaluating billing compliance for psychotherapy services should take caution from a recent multi-million dollar settlement under the federal False Claims Act involving allegedly unnecessary intensive outpatient psychotherapy (IOP) services. Georgia Healthcare Law Firm According to the Department of Justice’s (DOJ) press release, the government’s allegations were that billing by these providers was improper because the patient conditions did not qualify for IOP; patient treatments were not provided pursuant to an individualized treatment plan…
  • Medicare Fraud Indictment of Ophthalmologist

    Kevin S. Little
    18 May 2015 | 12:46 pm
    As Medicare fraud schemes continue to bilk federal taxpayers of billions of dollars, federal law enforcement continues to push diligently to identify and prosecute Medicare fraud. Because of the importance to federal law enforcement of ferreting out healthcare fraud schemes, it is critical for all healthcare providers and healthcare businesses to follow the law to the letter and keep their business practices in the center of the court. Georgia Healthcare Fraud Defense Law Firm A key focus for the government is whether tests and procedures are actually medically necessary and properly…
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    Pleasanton Business & Commercial Law Blog

  • 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…
  • Several Bills Taking Effect in California in 2015 Affect Consumers' Privacy Rights, Business' Obligations

    15 May 2015 | 11:21 am
    Several California privacy laws that took effect at the beginning of 2015 may affect a wide range of businesses in the state. One new law expands the duties a business owes to consumers affected by data breaches, including provision of identity theft protection services. Another new law gives minors a limited "right to be forgotten" online. Additional laws apply to breaches of medical information, the use of student records, and the use of student information gathered by school officials. Assembly Bill 1710, signed by the governor on September 30, 2014, took effect on January 1, 2015. The law…
  • Shareholders Claim Misrepresentations in Connection with Company's IPO after Stock Price Collapses

    30 Apr 2015 | 2:46 pm
    After a "mobile marketing and advertising" company announced that it was writing off more than $100 million in receivables, a group of persons who purchased the company's stock filed a putative class action against the company, its accounting firm, and the firms that underwrote its initial public offering (IPO) and a subsequent offering. The plaintiffs claimed that the defendants made material misrepresentations about the company's financial condition in violation of the Securities Act of 1933 and the Securities Exchange Act of 1934 (the "Exchange Act.") The court granted the defendants'…
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  • The Best & The Worst Of New York’s Traffic Violations Bureau (2014)

    Matthew Weiss
    23 Jun 2015 | 6:33 am
    I recently secured through a Freedom of Information Act request 2014 data on the Traffic Violations Bureau (“TVB”) and share the following overall and court-specific statistics: TVB collected just under $63 million from motorists who pled guilty in person or who were found guilty after hearings.  This total consists of fines, surcharges and suspension termination fees. TVB collected an additional $56 million from motorists who pled guilty online.  This total consists of fines, surcharges and suspension termination fees. TVB conducted almost 400,000 hearings in 2014 with…
  • Can I Wear An iWatch While Driving?

    Matthew Weiss
    27 May 2015 | 6:35 am
    The issuance of traffic tickets for illegally using a smart phone and other electronic device have exploded over the last few years in New York.  It is a very easy violation to spot and relatively easy one to prove in traffic court.  Further, pursuant to Vehicle and Traffic Law Section 1225-d, this offense carries a hefty punishment (5 points and roughly a $150 fine for a first offense).  With the surge of such moving violations, our law office has gotten all types of interesting questions about the scope of this law including whether an Apple iWatch can be worn and used while driving.
  • How A Woman Beat Her NY Red Light Camera Ticket

    Matthew Weiss
    20 May 2015 | 6:39 am
    Beating a red light camera ticket is like winning the lottery.  Generally, unless you can prove an expected  mechanical failure, genuine and urgent emergency, stolen car or some other extraordinary defense, you’re pretty much sunk.  A video of you committing the offense pretty much is all that is needed to prove the case against you.  Or is it? Ask Debbie Eisenstadt.  I have never met or spoken with Debbie but, like 1,000s of New Yorkers, she received a red light camera ticket. Allegedly her car was traveling eastbound at the intersection of Manetto Hill and Plainview Roads on…
  • Can A Driver Tape A Smart Phone To A Steering Wheel?

    Matthew Weiss
    29 Apr 2015 | 6:45 am
    A truck driver in Nebraska created a whole new level of stupid.  He taped his smart phone to his steering wheel.  During a routine weigh-in stop, a state trooper spotted the 21-year-old commercial vehicle driver wearing headphones.  When the officer climbed into his commercial rig, he spotted the “unique” hands-free device and observed that the driver was in the process of web-streaming a soccer game!  The motorist was issued a traffic summons and paid a $200+ fine. Believe or not, in New York, technically this Bozo’s actions were not illegal unless the driver…
  • Texting While Driving Traffic Tickets On The Rise

    Matthew Weiss
    14 Apr 2015 | 5:15 am
    Governor Andrew M. Cuomo announced yesterday that tickets issued to motorists for texting while driving increased 35% statewide from 2013 to 2014, as police continue to crack down on distracted drivers. Improving safety on the roads is a priority for Governor Cuomo, who has spearheaded several initiatives targeted at reducing distracted driving, including raising the number of points on such tickets, raising the fines and creating “texting zones” on state highways.  “This reckless behavior endangers everyone on the road and has resulted in far too much needless tragedy,”…
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    Spencers Solicitors Blog

  • 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…
  • Junior Football Fundraising for Chesterfield Macmillan Cancer Centre

    Spencers Solicitors
    22 May 2015 | 8:08 am
    Junior footballers from the Derbyshire area enthusiastically turned out to train at the Proact Stadium on Saturday the 16th May as part of a fundraising launch to help MacMillan Cancer Support raise funds for their Chesterfield based Cancer Centre. The Chesterfield Royal Macmillan Cancer Centre campaign needs to raise £2.5 million towards the brand new, state-of-the art, purpose built building which will provide access to treatment, care, support and advice for many people in our community. Donate today and help Macmillan support people living with cancer and their families.
  • John Spencer scoops Outstanding Achievement gong at Modern Claims Awards

    Spencers Solicitors
    12 May 2015 | 6:27 am
    John Spencer, Chairman of personal injury law firm Spencers Solicitors, has been awarded the prestigious Outstanding Achievement Award at the 2015 Modern Claims Awards. The awards, run for the first time this year, attracted more than 400 professionals from the insurance, legal and claims management sectors. The programme has been established in association with Modern Claims magazine to celebrate talent and success across the industry and was held at The Royal Armouries in Leeds. A diverse range of judges, reflecting every aspect of the claims industry, selected this year's winners.
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    Pinellas County Florida Criminal Lawyer Blog

  • 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…
  • Florida Appeals Court Holds Defendant Cannot be Charged Twice for Same Offense, Possession of Controlled Substance

    Pawuk &#38; Pawuk, P.A.
    7 Jun 2015 | 6:31 am
    The Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution and the Double Jeopardy Clause in article 1, section 9 of the Florida Constitution prohibit a person to be subjected to multiple prosecutions, convictions, and punishments for the same offense. In a recent 2d District Court of Appeal decision, the court held that a defendant who pled guilty to possessing a controlled substance and was placed in jeopardy cannot then be tried for the offense. In this case, Mr. Hutto was issued a Pasco County ordinance citation for possession of illicit synthetic drugs, specifically…
  • Florida Appeals Court Reverses Criminal Sentence When Judge Expressly Considered Defendant’s Lack of Remorse

    Pawuk &#38; Pawuk, P.A.
    5 Jun 2015 | 6:31 am
    After a conviction of a crime, the trial court sentences the defendant. In Florida, felony convictions are determined through the use of a “scoresheet,” a document completed by the State Attorney. While the scoresheet is significant, a criminal sentence depends on many factors, and the trial judge may depart from the guidelines at their discretion.  However, certain considerations, including a defendant’s failure to show remorse during trial, are constitutionally impermissible during sentencing because they violate due process. In a recent case before the 2d District Court of Appeal,…
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    Oakland Employment Lawyer Blog

  • California Labor Commission Rules that Uber Drivers are Employees

    Liberty Law
    29 Jun 2015 | 11:17 am
    California’s Labor Commission recently ruled that Barbara Ann Berwick, a San Francisco Uber driver, was an employee, not an independent contractor. Uber is a ride-sharing company that uses apps on smart phones to connect drivers for the company with people who need a ride. Ms. Berwick worked for Uber from July 2014 to September 2014. She filed a claim against Uber asking for extra compensation, including reimbursement for certain costs. The Labor Commission denied her claim for extra wages, but granted her claim for reimbursable expenses, including $3,622 for the over 6,000 miles she drove…
  • In Bicycle Crashes, Thorough Police Investigations are Critical

    Liberty Law
    25 Jun 2015 | 10:44 am
    Liberty Law was featured in an article about the importance of thorough police investigations into bicycle crashes.  The article appears here.  
  • Roller Coaster at Great America Injures Two

    Liberty Law
    25 Jun 2015 | 10:38 am
    Two people were injured in a roller coaster accident at Great America amusement park in Santa Clara. The accident occurred when an employee was hit by a roller coaster that was returning to the station. The employee was allegedly struck on the head by a rider on the Flight Deck roller coaster. On the Flight Deck, riders’ legs hang free. One of the passengers of the roller coaster reported a hand injury. There has been five fatal accidents since Great America opened in 1976. The last fatality involved a drowning in the wave pool. Other fatalities have included a boy falling from a roller…
  • FedEx Settles Case Involving California Drivers

    Liberty Law
    22 Jun 2015 | 10:37 am
    FedEx recently settled a class action lawsuit over the misclassification of California FedEx Ground drivers as independent contractors instead of as employees. FedEx will create a $228 million fund to resolve claims by 2,300 delivery drivers. Some claims date as far back as 2000. The settlement comes after a 2014 opinion, Alexander v. FedEx, 765 F.3d 981 (9th Cir. 2014), where the Ninth Circuit specifically considered whether FedEx Ground drivers in California were independent contractors or employees. The Court held that the drivers were employees, not independent contractors, because of the…
  • Cyclist Killed in Collision with Police Car

    Liberty Law
    18 Jun 2015 | 1:37 pm
    A 23-year-old bicyclist was killed earlier this month in San Francisco when his bike collided with a police car. The victim was riding home from a bike polo event when he collided with the cruiser around 9 p.m. at the corner of Sunnydale and Persia Avenues, near the edge of John McLaren Park. Authorities are investigating the circumstances of the collision. It’s not clear if the police car hit the cyclist, or if he hit the police car. People who live near the scene of the crash report that it’s common for police to travel fast through the neighborhood to get to high-crime areas nearby.
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    Texas Criminal Lawyer Blog

  • 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…
  • Highly Invasive Body Cavity Search for Drugs at Texas Border Leads to Federal Lawsuit

    26 Mar 2015 | 2:13 pm
    In December of 2013, a 54-year-old Texas woman was traveling back from spending the Christmas holiday with a family friend in Ciudad Juarez, Mexico when she was stopped by federal agents at the Cordova Bridge border crossing in El Paso, Texas. As the unnamed woman was passing through the checkpoint, a police drug dog allegedly alerted on her, prompting U.S. Customs and Border Protection agents to select her for additional screening. The woman was quickly stripped searched and forced to undergo several body cavity searches at the crossing checkpoint, but the agents failed to turn up absolutely…
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    Tampa Bay Injury Attorney Blog

  • Motorcyclist Killed in Tampa Crash

    Whittel &#38; Melton, LLC
    25 Jun 2015 | 4:58 pm
    A motorcyclist was killed in the early morning hours on Thursday in a traffic crash in Tampa. The 38-year-old man was riding his motorcycle near N. Nebraska and E. Louisiana aves. when he was involved in a crash with another vehicle, according to police. The man was taken to a nearby hospital, where he was pronounced dead. According to officials, the driver of the other vehicle remained at the scene and was cooperative with police. Officials have not yet said whether charges will be filed. The investigation is ongoing. About 75 percent of motorcycle accidents involve a crash with another…
  • Biker Injured in Causeway Crash

    Whittel &#38; Melton, LLC
    15 Jun 2015 | 2:40 pm
    A motorcyclist was injured in a crash on the Courtney Campbell Causeway Sunday. A motorcycle collided with a vehicle while traveling eastbound east of the boat ramp, according to Tampa Police. The motorcycle operator was taken to the hospital. Before being transported, he was speaking to officers at the scene. The eastbound lanes of the Courtney Campbell Causeway were closed for a few hours while the investigation was conducted. Motorcycles can be a wonderful way to travel to and from work, commute long distances, or enjoy a recreational thrill. The state of Florida has various laws in place…
  • May is Motorcycle Safety Awareness Month

    Whittel &#38; Melton, LLC
    26 May 2015 | 5:12 pm
    May is Motorcycle Safety Awareness Month, and the National Highway Traffic Safety Administration is encouraging motorists and roadway users to “Share the Road.” Motorcyclist fatalities did actually increase in 2012. While bikers can protect themselves by wearing safety gear and practicing safe riding habits, ultimately, the other drivers sharing the roadway with them must also drive safely. Motorcyclists lack certain protections that cars have such as seat belts, steel cages and airbags, so they are truly at the mercy of other motorists. Motorcycle Safety Facts With the exception of 2009,…
  • Acetaminophen Labeling Error Leads to Mucinex Recall

    Whittel &#38; Melton, LLC
    29 Apr 2015 | 6:57 pm
    A reported 1.5 million bottles of liquid Mucinex Fast-Max are being recalled due to manufacturing problems, more specifically, the back labels may not indicate that the drug contains acetaminophen and other ingredients. The Mucinex Fast-Max recall was announced on Tuesday by RB, after the company confirmed a retailer’s report that the back label information did not match the front. Even though no illnesses or injuries have been linked to the recalled cold medications, this could cause problems for users taking other medications containing similar ingredients. According to the company’s…
  • Chef Killed By Speeding Drunk Driver in Downtown St. Pete

    Whittel &#38; Melton, LLC
    14 Apr 2015 | 7:14 pm
    A speeding drunk driver collided with two people who were crossing 2nd Street N in downtown St. Petersburg early Saturday, killing one of them and critically injuring the other, according to police. Shortly after 2 a.m., a 25-year-old St. Petersburg man was speeding on 2nd Street N in a rented Dodge Charger. The car ran a red light at Central Avenue and hit a 31-year-old Largo chef and a 28-year-old St. Petersburg man. The chef died at the scene. The other man, who was sideswiped and spun onto the pavement, was taken to a Bayfront Health St. Petersburg with life-threatening injuries. He has…
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    Boston Metro Business Lawyer Blog

  • 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…
  • Equitable Adjustments in Massachusetts Public Construction Contracts

    Richard Mucci
    5 May 2015 | 6:23 am
    Sometimes businesses must bid on jobs and sign contracts while there is still some level of uncertainty regarding the extent of work that must be performed and how much it will cost.  Massachusetts law allows a contractor entering a public contract to ask for an equitable adjustment if the actual conditions are materially or substantially different from what was stated in the plans or contract documents. In a recent case, the Massachusetts Appeals Court decided what happens when a contractor underbids a unit price based on an assumption of the total amount of units involved. In Celco…
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    Tennessee Estate Law Blog

  • 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…
  • Basics about Tennessee Probate

    Ryan Simmons
    3 Mar 2015 | 1:05 pm
    Recently, I appeared on Nashville’s News Channel 5 Talk of the Town Extra to talk about the basics of probate in Tennessee. If you have recently experienced the loss of a loved one, you know how hard things can be during such a trying time. For that reason, our firm is able to assist and advise you throughout the process. Whether you need help transferring a piece of real estate after someone has passed or need assistance with a small estate, The Higgins Firm is here to help you and your family. The following video provides some of the basic information about probate in Tennessee. If…
  • Estate Planning New Year’s Resolutions

    Ryan Simmons
    19 Jan 2015 | 2:39 pm
    Having entered the New Year you may have created a list of resolutions that you hope to accomplish sometime during 2015. Some may be looking to exercise more, eat healthier, or even save some more money. Although it may not be one of the first things that you think of in setting your resolutions, estate planning is a goal that can be easily accomplished without spending too much money or time. If you have questions about your estate plan, contact the Nashville estate planning attorneys at The Higgins Firm. So you may be wondering what exactly an estate plan is. In its most basic form, an…
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    Maryland Divorce Lawyer Blog

  • 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…
  • Maryland Court Reviews Wife’s Request for Certain Pension Benefits in Divorce

    Anthony A. Fatemi, LLC
    14 May 2015 | 1:15 pm
    Couples who file for divorce have an opportunity to prepare a settlement agreement that will address and resolve all issues arising out of their marriage. This means that they may divide up the marital property in a manner suitable to both parties. Once a court issues the final judgment of divorce, this agreement may be included in the record, and the judgment will contain its terms. Under Maryland law, spouses may identify and allocate “pension benefits” as part of the settlement agreement. Like many aspects of a divorce proceeding, this phase is governed by case law and…
  • Maryland Court Reviews Issue of Paternity in Child Support Case

    Anthony A. Fatemi, LLC
    1 May 2015 | 6:11 am
    State courts take very seriously the issue of child support in any family law proceeding. Certain local agencies even have the authority to file a complaint against a party who has not met his or her obligation to make child support payments under a court order. This authority serves to protect the financial interests and overall well-being of a child, who is unable to advocate for him or herself. In most cases, it is clear who is obligated to make such payments:  one or both of the child’s parents.  But there have been cases in which the issue of “parentage” or paternity…
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    Houston Family Law Blog

  • Get a prenuptial agreement before you decide to marry

    On behalf of Shriver & McLean, L.L.P.
    24 Jun 2015 | 6:04 am
    When you have many assets that you're bringing into a marriage, the last thing you want to do is to lose those assets in divorce. How can you prevent that from happening? A prenuptial agreement is one of the possibilities. With a prenuptial agreement, you can spell out what's going to happen to your home, assets, debts and other responsibilities before you ever even consider divorce. The benefit of making this agreement before marriage is that both you and your spouse are more likely to be fair to one another, whereas in the heat of a divorce, you may not be as inclined to be fair at all. The…
  • Establishing paternity in Texas for a binding relationship

    On behalf of Shriver & McLean, L.L.P.
    18 Jun 2015 | 12:57 pm
    When a baby is born, you may be very excited about the new addition to your family. You may already know you're the father of the child, but if you're not married to the mother, this won't be assumed under the law. Establishing paternity is an important step in securing your legal rights as a father. When you establish paternity, you're establishing the legal relationship between you as a father and your child. The establishment allows your child to be eligible for things like Social Security, health insurance, veteran survivor benefits, and child support. For your benefit, you'll know you…
  • Make sure you're represented well during divorce

    On behalf of Shriver & McLean, L.L.P.
    9 Jun 2015 | 12:44 pm
    Going through a divorce or custody battle can be hard on anyone, but you understand it firsthand. You may never have expected that you'd have to work with an attorney or go to court over your family concerns, which now makes you worry that you're not making the right decisions. Fortunately, there is guidance for any of the potential legal issues you may be exposed to. When you have to go through a divorce or other family issue, you need to understand all your options. Being educated in how certain choices can affect you now and in the future is the best way to make good choices that you won't…
  • Traveling with kids: What your ex needs to know

    On behalf of Shriver & McLean, L.L.P.
    4 Jun 2015 | 2:39 am
    As a person who is newly divorced, you may not know all the "ins and outs" of living a solo life with your children in your custody. Not following the right procedures could lead to a court battle, so knowing how to handle situations like summer vacations and holidays is important. Do you need to tell your ex every time you travel? The quick answer for situations when you're going out of town with the kids is likely yes. You have a parenting plan, and that plan defines when you and your ex have access to your children. He may only have visitation, but that time is his right. If a visitation…
  • Conservatorships and child custody in Texas

    On behalf of Shriver & McLean, L.L.P.
    28 May 2015 | 2:21 pm
    In Texas, child custody is often referred to as a conservatorship, and the person taking responsibility for a child is called a conservator. Plainly speaking, if you're a conservator in Texas, it means that you're the parent of a child and have the legal rights and responsibilities that come with the title. Normally, if you are working through a divorce or other situation that requires a judge's ruling, the judge will determine the terms of a conservatorship unless you and your child's other parent can work out a custody plan on your own. If you're able to do that, the court will be able to…
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    Morristown Personal Injury Law Blog

  • 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…
  • Did negligence contribute to New Jersey fatal accident?

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    22 Jun 2015 | 3:14 pm
    It is true that a car accident can occur even when a New Jersey driver does everything right. More often, however, some act of negligence causes the driver to lose control of the vehicle and crash. This may be especially true in a wreck that only involves one vehicle since no other outside force factored into the wreck. New Jersey law enforcement officers will often attempt to rule out any outside force when investigating a single-car accident when they are unable to look to the occupants of the vehicle or witnesses for answers. This may be the case in a recent car accident that involved just…
  • Hit-and-run car accidents leave unanswered questions

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    18 Jun 2015 | 11:08 am
    Vehicles strike far too many pedestrians each year across the country, including many here in New Jersey. Some of those pedestrian vs. car accidents are hit and runs, which leave many people with unanswered questions. The biggest question most people have regarding this type of accident is how the driver could leave the person to die -- or, at least, leave the victim seriously injured -- without calling 911 even if he or she fails to stop for whatever reason. For example, a vehicle that fled the scene recently ran down a 17-year-old boy. When the vehicle and the 23-year-old man who was…
  • Truck accidents can be caused by improperly secured loads

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    11 Jun 2015 | 5:33 am
    Nearly every New Jersey driver gets nervous around tractor-trailers because of the potential that loads may shift, tires could blow or other catastrophes could occur. One of the most unpredictable -- yet preventable -- truck accidents can be caused when a load is not properly secured. This oversight can cause a variety of issues, including the load coming off the truck and hitting another vehicle. Recently, a 50-year-old truck driver was transporting an empty shipping container on a flatbed trailer. As he headed down a New Jersey roadway, he came to an underpass. Unfortunately, there was…
  • Tracy Morgan's case joins other truck accidents that settled

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    4 Jun 2015 | 12:39 pm
    This blog first reported on the devastating crash here in New Jersey in which actor and comedian Tracy Morgan was critically injured on June 18, 2014 ("New Jersey Truck Accidents: Tracy Morgan, others hurt, 1 killed"). Morgan filed a lawsuit against retail giant Wal-Mart, which was the employer of the driver of the truck that hit Morgan's limousine in June 7, 2014. As has happened in numerous other truck accidents, Morgan has settled his claims with Wal-Mart nearly one full year after the wreck. The details of the settlement were not disclosed, but its existence was recently confirmed by a…
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    Columbus Personal Injury Law Blog

  • Dangerous drugs alert: Xarelto linked to higher risk of GI bleeds

    By D. Andrew List
    30 Jun 2015 | 7:15 am
    Dangerous drugs alert:  A recently published study indicates that patients who use the anticoagulant Xarelto are at a greatly increased risk of experiencing gastrointestinal bleeding. The new study was published in the British Medical Journal.  Over 45,000 Xarelto patients were included in that study, the goal of which was to compare Xarelto with Warfarin.  Researchers concluded that the risk of gastrointestinal bleeding could be as much as double when compared to Warfarin.  Researchers stated, "we cannot rule out a more than twofold higher risk of bleeding with…
  • Eminent Domain Alert: AEP plans major utility facility in SE Ohio

    By Dale K. Perdue
    29 Jun 2015 | 1:42 pm
    Eminent Domain News:  American Electric Power ("AEP") has announced its plans for a new major utility facility in Washington and Noble Counties in southeastern Ohio. The proposed South Caldwell-Macksburg transmission line will be part of the company's Marietta Area Improvements Project.  The South Caldwell-Macksburg line will be a 138-kilovolt transmission line connecting the South Caldwell substation in Noble County to the Macksburg substation in Washington County.  Depending on which route is ultimately chosen, the line will be approximately eight miles long.  The…
  • Bottled water recall could lead to Ohio product liability claims

    On behalf of Dale Perdue
    26 Jun 2015 | 8:36 pm
    When Ohio residents visit the grocery store, an item on their lists may be bottled water. Many individuals across the state and country choose to consume bottled water for a variety of reasons, and it is not unusual to notice individuals with such items in their grocery carts. However, such products could become a hazard and the subject of possible product liability claims if the water is potentially contaminated. It was recently reported that Niagara Bottling has issued a recall of some of its bottled water. The company issued the recall after it came to their attention that one of the water…
  • Fatal accident claims lives of motorcyclists in Ohio

    On behalf of Dale Perdue
    24 Jun 2015 | 8:38 pm
    Motorcycle accidents are often serious events that can result in injuries to one person or multiple people. In many situations, if a motorcycle is struck by a larger vehicle, the crash could be a fatal accident, and the surviving family members of the victims must handle the sudden loss of a loved one. If the family feels it could be right for their circumstances, they may wish to consider filing a wrongful death claim. It was recently reported that an accident in Ohio involving a motorcycle and pickup truck proved fatal. Two individuals were reportedly on the motorcycle when it was hit from…
  • Passenger killed in Ohio fatal car accident

    On behalf of Dale Perdue
    18 Jun 2015 | 10:01 am
    When individuals are passengers in a vehicle, they likely cannot control the actions of the person driving. As such, they are at risk of being injured due to any mistakes that the driver may make. In some instances, a driver may lose control and cause an accident. If a crash results in a fatal car accident, the victim's family may wish to take legal action against the driver. A recent accident in Ohio followed a reported car chase. A vehicle was traveling at a high rate of speed after authorities attempted to stop the vehicle. It was noted that authorities ended the pursuit before the driver…
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    North Texas Legal News

  • 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…
  • How to Protect Your Intellectual Property When Getting Involved in a Startup

    Leiza Dolghih
    14 Jun 2015 | 9:29 am
    One of the factors that distinguishes successful startups from those that fail, is not just a great idea, but an idea that’s legally protected from theft. A source code that solves a major need in the market place is worthless unless the inventor can show that he is the legal owner of the code and can prevent others from copying it or using it without authorization.  There is a reason, after all, that Mr. Wonderful on Sharktank always wants to know if the invention that’s being pitched has been patented. Think about it this way. When you buy a car, you want to know who owns it…
  • No Non-Compete Agreement? No Problem! – What Texas Companies Can Learn from Oculus Rift Lawsuits

    Leiza Dolghih
    27 May 2015 | 12:46 pm
    I advise all my business clients in Texas to have non-compete and non-solicitation agreements with their key employees. Why? Well, first of all, because Texas courts enforce such agreements, so it only makes sense to take advantage of them. Second, because clear, specific, and reasonable non-compete and non-solicitation restrictions are usually a fair trade for providing key employees with access to customer lists, confidential information or expensive specialized training. However, what happens if an employee does not have a non-compete? Does that mean that he or she can set up a competing…
  • My Employer Defamed Me to the Government! Not So Fast, Says the Texas Supreme Court.

    Leiza Dolghih
    19 May 2015 | 9:36 pm
    In Texas, a person cannot be sued for defamation for statements made in judicial or legislative proceedings. However, the rule has not been so clear with respect to statements made before such proceedings begin, such as those made during an internal investigation of employee misconduct by employer. Last week, the Texas Supreme Court in Shell Oil Co., et al. v. Writt held that a company’s statements made during an internal investigation while a company itself is under investigation are absolutely privileged against defamation, i.e. what a company says about an employee in…
  • Break Time for Nursing Mothers at Work – A Right or a Privilege?

    Leiza Dolghih
    11 May 2015 | 11:54 am
    Many businesses routinely face the question of what to do when a nursing employee asks that she be allowed to take a break to express milk at work and that she be allowed to do so in a private space? Does an employer have to grant her request? What if a business does not have a private place for a mother to use? How many breaks is she allowed to take? For how long? Does an employer have to pay for the break time? This blog post answers these and many other questions that arise from this simple but very common situation and explains why, even when not required to do so under the law, it…
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    Galveston Pharmaceutical Products Law Blog

  • Pryola is being recalled due to possibly dangerous side effects

    On behalf of Hodge Law Firm, PLLC
    25 Jun 2015 | 6:46 pm
    Many Texas residents use over-the-counter supplements for common ailments. They do not require a prescription and can provide some relief. However, on occasion, some of them may contain something that can cause dangerous side effects. This is the case with G&C Natural Nutrition's Pyrola Advanced Joint Formula. The company, based on the west coast, is recalling the product because two substances in it move it from being a supplement to being a drug, which come with potentially harmful side effects. The medications are diclofenac and chlorpheniramine. Diclofenac is considered a…
  • What it means if defective medical devices are recalled

    On behalf of Hodge Law Firm, PLLC
    19 Jun 2015 | 4:16 am
    The federal Food and Drug Administration is responsible for keeping track of all of the recalls of medications and medical devices. When defective medical devices are discovered, a recall is issued either by a company (i.e. a distributor or manufacturer) or by the FDA. Texas patients may not realize that companies voluntarily issue most recalls. Once the recall is issued, the company is required to inform the FDA. The FDA can force a company to issue the recall of a product that poses significant health risks, including death, but has rarely had to force a company to recall a defective…
  • Sometimes the side effects of the cure are worse than the disease

    On behalf of Hodge Law Firm, PLLC
    19 Jun 2015 | 4:01 am
    Most patients in Texas understand that medications have potential side effects even under the best of circumstances. The risks are accepted because the gain is far greater than the potential discomfort a medication may cause. However, if a drug is defective or even dangerous, the side effects can cause medical problems that are worse than the condition for which the medication was prescribed. Dangerous and/or defective drugs can cause a plethora of medical issues, such as damage to the heart, liver or kidneys. Patients can suffer strokes from which they may never fully recover, if at…
  • Companies are not required to notify patients of dangerous drugs

    On behalf of Hodge Law Firm, PLLC
    8 Jun 2015 | 2:01 pm
    Texas readers may be aware that, if a safety issue comes to the attention of an automobile manufacturer, the Department of Transportation requires that notifications be sent to dealers, distributors and the National Highway Transportation and Safety Administration, but most importantly, the owners of the affected equipment or vehicle. On the other hand, the Food and Drug Administration only requires that drug manufacturers notify "customers" if they need to recall dangerous drugs. Patients are often not included in that category. The notices are most often sent to pharmacies, insurance…
  • The dangers of a transvaginal mesh device

    On behalf of Hodge Law Firm, PLLC
    29 May 2015 | 5:51 am
    Many Texas women suffer from either stress urinary incontinence or pelvic organ prolapse. At one time, the common treatment for these conditions was the implantation of a medical device called transvaginal mesh. Unfortunately, the supposed cure turned out to be worse than the disease for a significant number of patients. So many women suffered injuries and complications from the defective medical devices that a warning about them was issued by the Food and Drug Administration in 2008. This product has forever altered some of the women's lives. The injuries are, in many cases, severe…
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    New Haven Personal Injury Law Blog

  • Car crash shows how personal injury can lead to wrongful death

    On behalf of Jacobs & Dow, LLC
    27 Jun 2015 | 6:57 pm
    A recent two-car accident on Connecticut Route 20 that initially caused five injuries has led to its first death, that of a six-year-old girl who was a passenger in one of the vehicles, nearly a week after the event. The incident offers a glimpse into some of the considerations that must go into making any decision whether to pursue personal injury or wrongful death claims in connection with any car or truck collision. The exact cause of the accident is still under investigation, including the participation of accident reconstruction specialists. What is known is that the two vehicles…
  • Truck accident cases require the best use of your resources

    On behalf of Jacobs & Dow, LLC
    25 Jun 2015 | 6:58 pm
    Being in a collision with a commercial truck brings to mind many negative images, such as what can happen when you come into contact with something much bigger and heavier than you are. If you incur damages not only to your vehicle but to your person in the form of injuries, the "size does matter" consideration can extend beyond the accident itself to its aftermath. To begin with, when trying to determine who was responsible for what happened, you may quickly feel like you are doing battle with an Octopus. Was it the driver of the truck? Was it someone responsible for faulty maintenance? If…
  • What damages are recoverable in a fatal motor vehicle accident?

    On behalf of Jacobs & Dow, LLC
    21 Jun 2015 | 12:09 pm
    It is one thing to understand that if you have lost a loved one in an automobile accident that you may have recourse to the law to seek recompense for the costs connected with the untimely death of that person. But aside from theory, what exactly are you entitled to seek when negotiating with an insurance company or seeking resolution through court? The answer to this question can be found in the civil jury instructions of Connecticut. These instructions summarize and standardize the damages that you and the other survivors of the deceased may be entitled to in connection with an action for…
  • What happens if I am in an accident with a state vehicle?

    On behalf of Jacobs & Dow, LLC
    19 Jun 2015 | 12:09 pm
    The state of Connecticut owns a fleet of motor vehicles for the official use if its employees in the performance of their employment. If you are involved in a car accident with one of these vehicles, and the driver of the state-owned vehicle is at least partially at fault, what effect does government ownership of the other vehicle have on your legal right to file a lawsuit for money damages? In some respects it can be difficult to sue the state government because the doctrine of sovereign immunity can act to bar legal claims against it. This doctrine is known as "sovereign immunity."…
  • What damages are available from a fatal car accident?

    On behalf of Jacobs & Dow, LLC
    17 Jun 2015 | 12:10 pm
    The worst part of a fatal motor vehicle accident is without doubt the emotional trauma that immediately for the survivors of the deceased following the event. With the passage of time the shock subsides, and at some point those who have lost a loved one because of the negligent or reckless behavior of another driver must come to grips with how they will make do in the future without the economic and personal contributions of that person. Connecticut law provides one way to help those who have had a family member suddenly torn away from them in the form of a wrongful death action against the…
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    Rosen Louik & Perry, P.C.

  • Neonatal hypoglycemia can be very serious for newborn babies

    On behalf of Neil Rosen of Rosen Louik & Perry, P.C.
    26 Jun 2015 | 6:02 am
    Pittsburgh residents who are expecting a baby are very excited for the upcoming birth and new addition to their family. Most births go as expected, with the newborn joining their family at home in a few days. But occasionally a birth injury occurs that can cause an unexpected serious injury. Neonatal hypoglycemia is a condition that affects newborns. These newborn babies have low blood sugar which usually shows up within a few hours of birth. Babies have an increased risk of hypoglycemia if they are fed more than six hours after birth, if they are born premature, if they are born too small or…
  • Overprescribing pain medication can have serious consequences

    On behalf of Neil Rosen of Rosen Louik & Perry, P.C.
    24 Jun 2015 | 5:37 am
    Many Pittsburgh residents will need a prescription pain medication at least once in their lives. Surgery, injuries and other circumstances can lead to a person needing pain medication. Doctors have the responsibility to provide these medications in an accurate and appropriate manner. Most of the time this happens, but occasionally medication errors occur. Most doctors agree that there is a problem with the overuse of prescription pain medication but the majority believe they themselves do not overprescribe the medication. The National Institute on Drug Abuse has shown that between 2000 and…
  • Nurse fatigue can be dangerous for patients

    On behalf of Neil Rosen of Rosen Louik & Perry, P.C.
    19 Jun 2015 | 6:19 am
    In the United States there are six nurses for every medical doctor which means that nurses spend much more time with patients than doctors do. For most Pittsburgh residents it means that they receive excellent care while they are in the hospital. But many nurses are overworked and overtired and can easily make medical mistakes. Errors that occur because nurses are fatigued can be fatal for a patient. Many nurses in the United States are overworked. These nurses typically work long shifts of 12 hours or more with little breaks. Because nurses are so critical in patient care they can suffer…
  • Despite safety efforts, surgical errors still occur

    On behalf of Neil Rosen of Rosen Louik & Perry, P.C.
    17 Jun 2015 | 6:20 am
    As we have discussed in previous blog postings, surgical errors are still occurring in the U.S. There have been many recent safety efforts designed at minimizing these preventable surgical errors and they are rare. But, there are still hundreds that occur each year. According to a recent study in the journal JAMA Surgery, the root cause of many of these mistakes is poor communication among the operating room staff. Wrong site surgery occurs in one out of 100,000 surgeries and surgical equipment left inside of a patient is more common and occurs in one out of every 10,000 surgeries. Surgical…
  • We competently handle medication error cases

    On behalf of Neil Rosen of Rosen Louik & Perry, P.C.
    12 Jun 2015 | 7:48 am
    As discussed last week on the blog, anesthesia errors are far too common in the medical field. Yet, these mishaps are by no means the only type of medication error that occurs. In fact, nearly every medication can cause serious injury if taken improperly. Therefore, many Pennsylvanians trust their doctors to properly prescribe the right drugs in the right amounts. Likewise, people also probably expect their pharmacist to correctly fill the prescription. Unfortunately, though, this is not always the case. The sad reality is that medication errors are quite common, yet completely preventable.
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    Maryland Criminal Lawyer Blog

  • 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…
  • Maryland Court of Appeals Addresses Allocation of Pension Benefits in Divorce

    Anthony A. Fatemi, LLC
    22 May 2015 | 9:31 am
  • Maryland Court Rejects State’s Effort To Retry Second-Degree Felony Murder Charge

    Anthony A. Fatemi, LLC
    11 May 2015 | 6:06 am
    Under Maryland criminal law, a murder that is not “in the first degree” is considered to be “in the second degree.”  And in accordance with established case law, there are four types of second-degree murder. In order to reach a conviction under one type or another, the state must prove the specific elements, depending on the charges. One of the four categories is second-degree felony murder.  Under state law, an underlying felony can warrant a conviction for second-degree felony murder when it is committed in a way that is “dangerous to life.” Like many criminal provisions, the…
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    Cape Cod Injury Lawyer Blog

  • 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…
  • “Resident Relative” of Massachusetts Couple Was Entitled to Defense and Indemnification under Homeowners’ Policy – Preferred Mutual Insurance Company v. Vermont Mutual Insurance Company

    John C. Manoog III
    17 Jun 2015 | 4:50 pm
    When someone is injured and the responsible party does not have liability insurance coverage, the injured person still has a legal right to file suit and obtain a judgment, but collecting the judgment may prove to be a long, arduous, and perhaps impossible task. Contrariwise, difficulties can also arise when a defendant is insured by multiple insurance companies. While this may seem like “a good problem to have,” in some cases it can delay payment of a judgment in an otherwise worthwhile case. At best, it can complicate matters and keep a case in the courts far longer than…
  • United States Supreme Court Rejects “Reasonable Person” Standard for Determining Criminal Responsibility for Threatening Another – Elonis v. United States

    John C. Manoog III
    12 Jun 2015 | 11:06 am
    In a world in which it is possible for others, including police and other government officials, to monitor the vast majority of our communications with others via cellphones, computers, and other electronic devices, the line between legitimate state action designed to protect would-be victims of crimes and the rights of the criminally accused can sometimes get fuzzy. So, too, can the question of what is a true threat to society or a specific individual and what is simply an exercise of one’s freedom of expression under the U.S. Constitution. Recently, the highest court in the land…
  • Federal Court Asks Massachusetts Supreme Court for Guidance with Regard to How Two Insurance Companies Should Pay a Workers’ Compensation Claim Covered by Both

    John C. Manoog III
    2 Jun 2015 | 12:33 pm
    A Massachusetts worker was seriously injured while traveling on business. He filed a claim with the Massachusetts Department of Industrial Accidents, asking for workers’ compensation benefits. The good news is that the worker’s employer had not one but two policies of insurance that covered the worker’s claim. The bad news is that not even the federal court of appeals was sure how to allocate payment of the worker’s claim between the respective insurance companies. The Facts of the Underlying Case In the case of Insurance Company of the State v. Great Northern…
  • No Liability Coverage for Massachusetts Tow Truck Driver under Personal Vehicle Insurance Policy – Borden v. Progressive Direct Insurance Company

    John C. Manoog III
    26 May 2015 | 10:46 am
    Many people are surprised to learn that, just because you “have insurance,” this does not necessarily mean that you have coverage in all circumstances. Insurance policies are contractual in nature, and you only get what you pay for. Sometimes, there are exclusions that result in a lack of coverage in particular situations. For this reason, it is important to have a good relationship with your insurance agent. Ask plenty of questions to make sure that you are fully covered, especially if you have a business. In the case of Borden v. Progressive Direct Insurance Company, the issue…
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    Kalamazoo Estate Planning Law Blog

  • Tax-related estate planning strategy may be put to an end

    On behalf of Shaun Patrick Willis J.D.
    30 Jun 2015 | 10:18 am
    There are a wide range of things a person may want to gift to a loved one during their lifetime or upon their death. One thing it can be important to think about when it comes to such gifts is tax implications. Tax issues that can arise in relation to how one specifically gives lifetime or after-death gifts to a loved one include estate tax issues and gift tax issues. One of the goals estate planning can be directed towards is minimizing the tax consequences of gifts. There are a variety of estate planning strategies that can be used for furthering this goal. One of these strategies may soon…
  • Why do many drivers not restrain their pets in the car?

    On behalf of Shaun Patrick Willis J.D.
    25 Jun 2015 | 10:47 am
    Humans are not the only passengers drivers can have. Sometimes, motorists have pets as passengers. Whatever the length of a car trip a driver is taking their pet on, it is very important for the driver to take proper safety steps regarding their pet. One such step is properly restraining their pet in the vehicle. Unfortunately, a recent AAA survey indicates that many pet owners are neglecting to take this safety step when it comes to their pets.  Of the pet owners who were respondents to this survey, 37 percent said they never put their pet in a restraint system when their pet is a…
  • Asset exemption among the complex issues related to Medicaid

    On behalf of Shaun Patrick Willis J.D.
    22 Jun 2015 | 11:49 am
    It can be a very difficult time for a person when they discover that the condition of their health has become such that they will likely require a long stay in a nursing home or some other long-term care facility. Such a discovery can be emotionally tough on a person. It can also raise some major financial questions for them, such as: How will I cover the costs of the care? One source of help that some people receive when it comes to paying for long-term care are Medicaid benefits. However, Medicaid eligibility requirements are very strict and the rules here in Michigan related to eligibility…
  • Michigan considering changing minimum wage laws for young workers

    On behalf of Shaun Patrick Willis J.D.
    19 Jun 2015 | 10:30 am
    Among the many different types of laws that businesses here in Michigan are subject to are laws regarding the wages they pay workers. One class of such laws are minimum wage laws. Currently, a bill is before the Michigan legislature which would make a couple of changes to the state's minimum wage laws.  The current minimum wage here in Michigan is $8.15 an hour. However, there are exceptions to this minimum wage. For example, there are some exceptions regarding younger workers. For one, currently, Michigan employers are not required to pay workers that are under the age of 18 at or…
  • Whether a trust is revocable or irrevocable matters considerably

    On behalf of Shaun Patrick Willis J.D.
    17 Jun 2015 | 10:25 am
    When a person decides to include a trust in their estate plan, there are generally many decisions to make regarding the trust and its terms. One is whether the trust will be a revocable trust or an irrevocable trust.  Generally, a trust can be revoked or changed if it is revocable, and cannot be if it is irrevocable. This makes it so irrevocable trusts and revocable trusts can be quite different from each other.   For one, there is generally a big flexibility difference between these two trust types. Given their ability to be change or revoked, revocable trusts typically offer a greater…
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    Corinth Personal Injury Law Blog

  • Former Mississippi highway trooper accused of negligence

    On behalf of Wood & Carlton, P.C.
    26 Jun 2015 | 5:51 am
    Any driver who has had flashing blue lights in their rear-view mirror knows the fear and anxiety that is associated with that moment. Imagine if a police car negligently crashed into your vehicle. This is the situation a senior citizen of Mississippi faced. This car accident proved to be fatal to the citizen driver involved in the accident. The collision occurred on October 13, 2014 on U.S. Highway 49 near Camp Shelby. A Mississippi Highway Patrol officer pursued the 81-year-old driver for allegedly speeding. The officer crashed into the vehicle. The 81-year-old woman died at the scene of the…
  • Wrongful death claims in Mississippi

    On behalf of Wood & Carlton, P.C.
    18 Jun 2015 | 7:11 am
    The loss of a loved one can be devastating. When the loved one is killed as a result of the negligence of another person, the loss can be even more difficult to learn to cope with. Though nothing can bring back the life of another, there may be legal remedies to help provide for the expenses related to loss. Surviving family members may bring wrongful death lawsuits. The surviving family members that have suffered a financial loss from the death -- through loss of the victim's income and other losses-- may seek financial recovery. Whether the death was caused by a car accident or occupational…
  • Symptoms of spinal cord injuries

    On behalf of Wood & Carlton, P.C.
    11 Jun 2015 | 7:17 am
    Have you recently been in a major car accident or work accident? Are you having problems regaining the use of your limbs? You may have a complete or incomplete spinal cord injury. There are some symptoms that may help diagnose a spinal cord injury. The best indicator of a spinal cord injury is the loss of motion or decreased ability to move certain parts of the body. Signs and symptoms that may indicate an injury include loss of movement, loss of sensation or changes in sexual function. Immediately after an accident, extreme back pain, loss of bowel control or impaired breathing are also…
  • Wrongful death claims help families during a difficult time

    On behalf of Wood & Carlton, P.C.
    5 Jun 2015 | 7:08 am
    Unfortunately, serious accidents can lead to the death or loss of a loved one. The loss of a loved one can be made worse when it is caused by a careless or negligent party. Loved ones can be unexpectedly lost in fatal car accidents; fatal accidents caused by dangerous or defective products; fatal medical malpractice incidents; nursing home negligence fatalities; or fatal workplace accidents. When a loved one is wrongfully lost or killed, the responsible party may be liable to surviving family members of the victim to compensate them for the harm they have suffered. The unexpected loss of a…
  • Mississippi social security disability lawyers

    On behalf of Wood & Carlton, P.C.
    29 May 2015 | 8:56 am
    Individuals who are unable to work because of an injury can sometimes be overwhelmed with a number of questions. How will families be taken care of? How will the usual bills be paid not to mention any medical expenses from the injury? For many who have been disabled from a work injury, assistance for themselves and their families can come in the form of social security disability benefits. Navigating this system can be difficult, however. There are several different steps that must be taken in order to successfully obtain benefits. You must be able to prove you are not working or are making…
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    Rhoads & Sinon Blog

  • 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 >>
  • Rhoads & Sinon LLP Packages New York Times Best Selling Simon & Schuster Book “Amish Confidential.”

    Todd Shill
    15 Apr 2015 | 10:46 am
    Todd Shill and Kevin Gold of Rhoads & Sinon LLP were instrumental in putting together the New York Times best seller “Amish Confidential.”  The book, published by Simon & Schuster, was co-authored by “Lebanon” Levi Stoltzfus (star of the hit … Full article >>
  • Us Supreme Court Upholds DOL Position On Mortgage Loan Officers

    Kevin Gold
    19 Mar 2015 | 9:31 am
    In a series of prior blog posts (please link to my 6/19/14, 7/9/13 and 6/27/12 posts), I explained the efforts by the Mortgage Bankers Association to challenge the Department of Labor’s (“DOL”) March, 2010 “Administrative Interpretation” all the way to … Full article >>
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    Chicago Legal Malpractice Lawyer Blog

  • June 16 – Ethics 2015

    The Clinton Law Firm
    20 Jun 2015 | 7:01 pm
    Thanks to the Law Bulletin for allowing me to present at this Seminar. My topic was “Leveraging Social Media to Build Your Practice.” The Law Bulletin staff could not have been more helpful or accommodating.   Source: June 16 – Ethics 2015
  • Seventh Circuit Shows Mercy To Lawyer Who Struggled With CM/ECF Filing

    The Clinton Law Firm
    9 Jun 2015 | 9:07 am
    The case is Farley v. Koepp, 14-1695. The lawyer for the plaintiff had until March 11, 2013 to file a civil rights case. Here is what happened: On March 8, 2013, the lawyer opened an electronic case file in the Southern District of Illinois. He then emailed a copy of the complaint and the civil cover sheet to the clerk’s office as required by the local rules. The clerk opened the electronic case file. As the court explains “on the next business day – Monday, March 11 – the attorney’s assistant tried to upload the complaint but encountered problems with the…
  • You Need A Lawyer – Well, Maybe Not

    The Clinton Law Firm
    6 Jun 2015 | 8:59 pm
    Can an estate file a lawsuit without retaining a lawyer as counsel of record? The Sixth Circuit has held that it can if the pro se litigant (not a lawyer) is the sole beneficiary of the estate. The Court explained that if a creditor had a claim against the estate, the pro se beneficiary would not be allowed to proceed. The sole beneficiary can proceed pro se because no other parties have a financial interest in the outcome. The case is captioned Bass v. Leatherwood, 14-6321 (6th Cir. 2015). Edward X. Clinton, Jr.
  • Ineffective Assistance Of Counsel Does Not Equal Legal Malpractice

    The Clinton Law Firm
    6 Jun 2015 | 8:50 pm
    This case, Desetti v. Chester, (Virginia Supreme Court), June 4, 2015, holds that a criminal defendant cannot bring a legal malpractice claim against her former lawyer because she was not factually innocent of the charge. Few legal malpractice cases succeed in the criminal context because the plaintiff (formerly the criminal defendant) must prove all the elements of a legal malpractice case and that he was factually innocent of the charged crime. The reason for this rule is to prevent the criminal from profiting from his crime. Very few criminal defendants can accomplish the task of…
  • Unhappy Litigant Cannot Sue The Opposing Party’s Lawyer

    The Clinton Law Firm
    14 May 2015 | 9:27 am
    Workforce Solutions v. Sara L. Pettinger and Scopelitis, Garvin, Light, Hanson & Feary, P.C., 2105 IL (1st) 121265-U. In 2006, Workforce sued Urban Services of America, Inc., for breach of contract when Urban allegedly failed to pay for $573,000 in services. In 2008, Workforce obtained a default judgment against Urban. The judgment could not be collected because Urban was insolvent. Workforce alleged in the current case that “Pettinger and the Firm fraudulently conspired with Urban to delay the proceedings in order to prevent Workforce from obtaining recovery of its 2008…
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    Orange County Employment Lawyers Blog

  • California Labor Official Finds Uber Drivers are Employees

    Nassiri Law
    27 Jun 2015 | 6:20 am
    There has been a growing debate between Uber and its drivers at to whether they are employees or independent contractors.   The company would like to have all drivers classified as independent contractors. This would mean they do not have to pay the workers any benefits, they do not have to pay overtime wages, they do not have to pay any portion of a worker’s federal employment tax, and they do not have to pay workers’ compensation if a driver is injured while driving for them. In addition to having to pay less money, the company can also claim it is not liable if an Uber driver is held…
  • Can you Get Fired for Using Medical Marijuana?

    Nassiri Law
    24 Jun 2015 | 6:19 am
    Legalization of marijuana for medical or recreational purposes has been occurring in states across the county. While people can now use medical cannabis, or even use marijuana recreationally in more places than ever before, without the fear of being arrested, there are new issues involving employment consequences for employees who test positive for marijuana. One case that has been making headlines involved a recent decision by the Colorado Supreme Court, which ruled that a business has the right to terminate employees who use marijuana during non-working time, even if those employees have a…
  • Report: Orange County Has More Jobs than Pre-Recession Era

    Nassiri Law
    21 Jun 2015 | 6:17 am
    According to a recent news feature from Orange County Register, the employment rate in Orange County has finally recovered from the Great Recession and is actually higher than it was in 2006. The current number of jobs county officials have provided is 1,548,800. This number is nearly 3,000 more jobs than the county had in December of 2006, when employment reached its peak prior to falling off in the last major recession. Not only is the number of jobs in Orange County continuing to grow, there is a faster rate of growth in this county than the state and national averages. Specifically, in…
  • Employment Problems for Stagehands in California

    Nassiri Law
    18 Jun 2015 | 6:13 am
    According to a recent news feature from the Los Angeles Times, a 28-year-old stagehand is speaking out against the Beverley Hills-based concert promoter for whom he has worked. This company is one of the largest of its kind in the nation and handles concert promotion around the nation. The employee interviewed for the article says this company “condemns” stagehands to poverty wages while also depriving them of healthcare and retirement benefits. He also says the day-to-day working conditions are unsafe and unhealthy. He claims the company provides virtually no safety training and…
  • Uber Drivers: Employees or Independent Contractors?

    Nassiri Law
    15 Jun 2015 | 12:07 pm
    The economy is doing better than it has in years. One of the main benefits of a stronger economy is a lower rate of unemployment. As it turns out, employment is up in California and across the nation. This will in turn drive the economy further, as people will have more disposable income to spend on consumer products. However, this recent upturn in the local and national economy is somewhat different than previous periods of economic prosperity. One major difference has to with an increase in the type of employment we are seeing. In the past, greater production lead to more manufacturing…
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    Chicago Birth Injury Lawyers Blog

  • Illinois Appellate Court Decision Clarifies Motions to Dismiss Under Illinois’ Code of Civil Procedure §2-619

    Robert Kreisman
    17 Jun 2015 | 8:00 am
    Illinois lawyers are often confused by the application of attacking motions under two distinct motion practice sections — the Illinois Code of Civil Procedure, 735 ILCS §5/2-615 and §5/2-619. The case decision found in Doe v. The University of Chicago Medical Center points out the distinct differences in how a §2-619 motion to dismiss should be applied. In the well-written article in the Chicago Daily Law Bulletin, May 19, 2015, authored by attorney Brion W. Doherty, Mr. Doherty analyzed the Illinois Appellate Court’s decision in the Doe case, illustrating how §2-619 should be…
  • $8.45 Million Jury Verdict for Brain Damaged Baby Caused by Delayed Delivery

    Robert Kreisman
    9 Apr 2015 | 8:00 am
    H.D. was admitted to a hospital in labor. The nurses and midwife observed H.D. throughout the night without any notable changes. However, early the next morning, the fetal monitor showed non-reassuring signs of the unborn child. No one consulted an obstetrician or warned a doctor about the non-reassuring signs. About six hours later, H.D. delivered her son; he was born with the umbilical cord wrapped around his neck three times. The hospital’s resuscitation team was attending to another patient, which resulted in an 8-minute delay in having the child intubated. As a consequence, the baby…
  • $1.25 Million Settlement in Death of Baby After Failure to Diagnose Fetal Distress

    Robert Kreisman
    24 Mar 2015 | 8:00 am
    In a confidential settlement, the parties agreed to $1,250,000 for the unfortunate death of a newborn infant. In this case, before the mother’s scheduled Caesarean section, the mother underwent three transplacental amniocenteses to assess her baby’s lung maturity. The purpose of a transplacental amniocentesis is to compare transplacental with non-placental amniocentesis because of possible complications. Amniocentesis is a frequently used invasive procedure during a woman’s pregnancy guided by ultrasound to remove a sample of amniotic fluid for testing. The procedure requires…
  • More Proactive Labor Induction Practice Has Been Shown to Reduce Birth Injuries

    Robert Kreisman
    11 Mar 2015 | 8:00 am
    In 2008 a study was published that focused on uncomplicated pregnancies. The question was whether to induce labor in women whose gestation had reached 41 to 42 weeks. It was revealed that inducing labor in women who have reached 41 weeks of pregnancy and who were otherwise low-risk showed the condition of the baby at birth to be favorable. The goal of obstetricians was to ensure the successful delivery of the baby before 42 weeks of gestation — for the benefit of the baby and mother. The study suggested that there was an improvement in prenatal outcomes as a result of a more proactive…
  • $1 Million Jury Verdict for Brachial Plexus Birth Injury Caused by Excessive Force

    Robert Kreisman
    25 Feb 2015 | 8:00 am
    On March 1, 2011, Jamie Rae was in induced for labor at 39 weeks gestation due to the large size of her baby. The defendant obstetrician, Dr. James Riva, did a vaginal delivery of the baby, Bailei Rae, at a hospital in Maryville, Ill. During the course of the delivery of Bailei, a shoulder dystocia occurred involving the anterior presenting shoulder. That means that the baby’s shoulder was stuck on the pelvic bone of her mother, Jamie Rae. While performing maneuvers to relieve the shoulder dystocia, Dr. Riva allegedly exerted excessive traction on the baby’s head, causing a 5-level…
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    Chicago Nursing Home Lawyers Blog

  • Illinois Jury Finds in Favor of Nursing Home when Resident is Injured Falling from Wheelchair

    Robert Kreisman
    26 Jun 2015 | 8:00 am
    Frank Hegyi, 91, was a hospice care resident with dementia at the defendant Fair Oaks Health Care Center in Crystal Lake, Ill. On June 10, 2008, he was sitting in his wheelchair in the facility’s dining room when he stood up and fell, fracturing his right femoral neck. He was hospitalized and died of unrelated causes on June 23, 2008. His family sued the nursing home for negligence in violation of the Illinois Nursing Home Care Act, maintaining that the nursing home chose not place a “lap buddy” on his wheelchair. Damages were sought for pain and suffering. The defendant nursing home…
  • Nursing Home Lawsuit Resulting in a Resident’s Death for Delayed Transfer to Hospital

    Robert Kreisman
    15 Jun 2015 | 8:00 am
    Rosemary Jackson was a resident of the defendant’s Nature Health Trail Center in Mount Vernon, Ill., where she was rehabilitating after a colonoscopy at a different facility. She was 85 years old when she returned to Nature Trail following that colonoscopy. Over the next four days she was lethargic and showed signs of changes in her mental status. Her daughter asked the nursing home staff to call the attending physician, but no call was made. On May 17, 2010, Jackson’s daughter telephoned the attending physician herself and told the doctor of her concerns about her mother’s…
  • $500,000 Jury Verdict Against Hospital for Failure to Prevent Bedsores to Patient

    Robert Kreisman
    15 Jun 2015 | 8:00 am
    Salvador Palmieri was 86 when he underwent heart surgery and then experienced complications, which necessitated prolonged hospitalization in his hospital bed. A week after surgery, a nurse noticed new bedsores on his buttocks. The hospital’s wound care nurse recommended cleaning and dressing the wound. However, a few months later, while Palmieri was still hospitalized, he became septic. Palmieri was transferred to another hospital where he was diagnosed as having Stage IV sacral pressure sore, sepsis and other sores on his extremities. In spite of the medical treatment given, Palmieri died…
  • $1 Million Jury Verdict for Failure to Timely Diagnose and Treat Pulmonary Embolism in Skilled Nursing Facility

    Robert Kreisman
    5 Jun 2015 | 8:00 am
    M.A. was 76 years old when he was first admitted to a skilled nursing facility for rehabilitation after knee surgery. M.A. underwent physical therapy and began to recover. He later developed shortness of breath and was administered oxygen and other therapy. Over the next several days, M.A. experienced shortness of breath, which continued, sweating and a gray skin tone. A nurse called M.A.’s primary care physician to report these symptoms after a few days. The doctor ordered a D-dimer test to rule out a blood clot. Before the test could be administered, M.A. collapsed and died from a…
  • Cook County Jury Verdict for Death of Nursing Home Patient for Physician Negligence in Handling Seizure Disorder

    Robert Kreisman
    21 Apr 2015 | 8:00 am
    On Dec. 13, 2006, Myron Tucker was admitted to a long-term care facility in Oak Lawn, Ill. Tucker was 52 at the time and was wheelchair dependent with impaired memory and judgment. His medical history included a seizure disorder, right-sided stroke with left hemiparesis, a craniotomy and brain surgery for a ruptured aneurysm. The defendant physician, internist Dr. Neerja Ahlowalia, was assigned to act as Tucker’s attending physician at the long-term care facility or nursing home. On the night of Tucker’s admission, Dr. Ahlowalia telephoned orders for continuation of two anti-seizure…
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    Chicago Injury Lawyer Blog

  • $13,000 Cook County Jury Verdict for Pedestrian Hit by Backing Car in Chicago’s West Loop

    Robert Kreisman
    27 Jun 2015 | 4:18 pm
    On March 13, 2011, Maria Ruth Garcia was walking northbound across Adams Street midblock near Des Plaines Street in Chicago when she was struck by the defendant’s backing car, which was allegedly going 40-50 mph in reverse. The defendant was Maureen O’Grady. Garcia, 56, suffered a bump on her head as well as neck and back strains. She underwent 7 months of chiropractic treatments, which totaled in expenses $27,799. O’Grady, 46, argued that she was driving westbound on Adams when she stopped at Old St. Patrick’s Church, where she backed up to access a parking lot on the south side of…
  • Former U.S. Senator John Danforth Cuts Ties to St. Louis Law Firm Over Conflict with Banking Client

    Robert Kreisman
    24 Jun 2015 | 7:43 am
    Former Republican U.S. Senator John Danforth has left the St. Louis law firm of Bryan Cave because of a high-profile case that involved a $77 million jury verdict against Wells Fargo & Company. It was an odd ending to a long relationship of a stalwart of Missouri politics and law. Danforth’s family has a long, proud history in business, law, politics and philanthropy in St. Louis and the state of Missouri. Danforth has worked at the St. Louis-based law firm Bryan Cave for decades but left because of a dispute over a claimed conflict of interest. He testified in a St. Louis court…
  • Illinois Appellate Court Finds That Condition Precedent to Demand Arbitration was Missed

    Robert Kreisman
    20 Jun 2015 | 4:40 pm
    In August 2005, Trustgard Insurance Co. and G.A. Crandall & Co. came to an agreement that allowed Crandall to sell certain types of Trustgard insurance. The terms of the agreement specified that as a condition precedent to any lawsuit, the dispute must be first submitted to arbitration. The parties’ agreement specified that the demand for arbitration must be made within one year of the dispute and that failure to make the demand on time, in writing and in a specified time period, would result in a waiver of any claim centered on the dispute. In 2008, Richard Lombardi insured his 1995…
  • $713,000 Cook County Jury Verdict for Injuries in Head-On Car Crash

    Robert Kreisman
    18 Jun 2015 | 5:14 am
    In April 2010, the plaintiffs Rose Schurer and Andrea DeVivo were driving westbound on Lawrence Avenue in Norridge, Ill., when an oncoming van crossed the center line and struck their vehicle. The eastbound van was driven by the defendant, 56-year-old Pawel Pawlowska. The plaintiff, Schurer, suffered four fractures in her right leg and ankle, which required surgery. The second plaintiff, 42-year-old DeVivo, sustained a fractured pelvis requiring surgery. She later developed arthritis resulting in a total left hip replacement. The plaintiffs Schurer and DeVivo maintained that Pawlowska was…
  • Congress’s 1997 Act Limits Amtrak’s Payout to Crash Victims to $200 Million

    Robert Kreisman
    15 Jun 2015 | 10:09 am
    In the aftermath of the recent Philadelphia Amtrak derailment, which cost the lives of eight individuals and severely injured more than 200, it came to light that the U.S. Congress had passed an act in 1997 to limit or cap Amtrak’s total payouts to train crash victims to $200 million. In an Associated Press report by writer Eileen Sullivan, it was reported that the cap may be too low for the injured and killed in the Philadelphia Amtrak crash. The $200 million payout cap was for a single passenger rail incident was part of a late effort in 1997 to pass legislation that would help Amtrak…
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    Atlanta Personal Injury Lawyer Blog

  • Personal Injury Action Arising From Collision with County Fire Truck Goes to a Georgia Jury

    Stephen M. Ozcomert
    25 Jun 2015 | 1:55 pm
    Under Georgia law, it is well established that a plaintiff is not entitled to recover damages for injuries sustained simply because an accident occurred. Put another way, the injured party must plead and present evidence showing that the accident was caused by another’s negligence. While this may seem logical, there are many legal requirements that parties must be aware of and comply with in order to present a successful claim for recovery. Each case presents unique facts and circumstances that can play a huge role in whether and to what extent someone is entitled to compensation for…
  • Georgia Court Rules Against Plaintiff in Premises Liability Action

    Stephen M. Ozcomert
    18 Jun 2015 | 3:48 pm
    There are many different bases for a premises liability claim. Some of the more common trip-and-fall or slip-and-fall cases involve foreign substances (like water or another slippery substance) or static conditions.  But a whole slew of trip/slip-and-fall cases have involved the conduct of customers, or the sudden, intervening act of a third party. Georgia law treats each type of case differently with respect to the proprietor’s knowledge of the alleged hazardous condition. For instance, courts have said that a business owner cannot be liable for “an invitee’s”…
  • Defective Air Bag is Declared Nation’s Largest Auto Industry Recall

    Stephen M. Ozcomert
    12 Jun 2015 | 10:53 am
    According to an article in the Atlanta Journal Constitution, Takata Corp. recently declared 34 million air bags defective in what has been described as the nation’s largest auto recall to date. The seriousness of a defective product as it relates to the automobile industry cannot be overstated. Many car accident injuries can be attributed to defective or unsafe automotive parts or products. In this particular instance, it has been reported that the defective air bags have been linked to at least six deaths and more than 100 injuries. A person who sustains injuries in a car accident due to…
  • Georgia Supreme Court Resolves Issue of Burden of Proof in Uninsured Motorist Claim

    Stephen M. Ozcomert
    3 Jun 2015 | 4:16 pm
    In any personal injury lawsuit arising from a car accident, the parties will each be expected to plead and present evidence that supports their relative legal positions. Depending on the facts and the procedural phase of the case, the burden of proof often shifts from one party to another as evidence is presented. Since each car accident case is unique, courts sometimes must step in to resolve questions concerning which party is obligated to prove certain elements of a claim. To ensure that your car accident case moves along efficiently and with the best possible strategy for a recovery, it…