• Most Topular Stories

  • Tips on Creating Press Releases Reporters Will Use

    The Rainmaker Blog
    Stephen Fairley
    25 Jul 2014 | 2:28 pm
    Business communications firm Greentarget has just released the results of interviews with 100 news reporters and editors in their 2014 Disrupting the Press Release report, and it’s clear what journalists want from firms seeking the news spotlight:  just the facts. The core findings from this report underscore the need for communicators to understand that journalists want only the vital information, and they want it immediately apparent.  Don’t make them wade through a bunch of legal jargon, boilerplate text or self-serving quotes that sound like no human would ever speak…
  • The Greatest Trial Lawyer Who Ever Lived

    New York City Criminal Lawyer Blog
    John Buza
    25 Jul 2014 | 9:27 am
    I would urge anyone who has even a fleeting interest in criminal law or trial litigation to read a book called “Final Verdict.” The book was written by a journalist named Adela Rogers-St. Johns. Ms. St. Johns was famous for being a “girl reporter” in the 1920′s and was a frequent dinner guest at William Randolph Hearst’s castle in San Simeon, California. She had a long career in journalism and was awarded the Presidential Medal of Freedom in 1970. “Final Verdict” is the biography of Ms. St. Johns’s father, Earl Rogers. Many people…

    Florida Bankruptcy Lawyer Blog
    10 Jun 2014 | 2:06 pm
    DYCK-O'NEAL a nationwide collector and servicer of deficiency judgments on mortgage promissory notes has rolled out an aggressive legal campaign to collect deficiencies on foreclosed homeowners in northeast Florida. Many unsuspecting homeowners thinking their foreclosures were a thing of the past and that life has moved on may be dumbfounded when served with a lawsuit threatening to collect thousands of dollars from them. Fannie Mae is just one of the lenders using Dyck-O'Neal. If Dyck-O'neal or any other company has sued you to collect on a mortgage deficiency do not ignore it! Failure to…
  • Baron and Budd Files Lawsuit on Behalf of State of Vermont Regarding MTBE Groundwater Contamination

    Baron & Budd, P.C. | Protecting What's Right
    Baron & Budd
    6 Jun 2014 | 10:52 am
    Firm Working Closely With State Attorney General’s Office on Water Contamination Lawsuit DALLAS —(June 6, 2014)—Baron and Budd, a national law firm dedicated to protecting the environment, yesterday filed a lawsuit against numerous manufacturers and refiners of MTBE-containing gasoline regarding the contamination of Vermont groundwater by the gasoline additive MTBE. Baron and Budd is proud to work with Vermont Attorney General William H. Sorrell in the lawsuit. Weitz & Luxenberg, P.C. and Pawa Law Group, P.C. also serve as co-counsel in the litigation. “The sad…
  • Pedestrian dies in Connecticut after being hit by car

    New Haven Personal Injury Law Blog
    On behalf of Jacobs & Dow, LLC
    24 Jul 2014 | 7:53 am
    An accident that occurred in Connecticut reportedly caused the death of a pedestrian on July 21. According to the Stamford Police Department, the incident took place at the intersection of Summer Street and Hoyt Street in Stamford at approximately 12:42 p.m. The 58-year-old Stamford woman was reportedly walking in a designated crosswalk when she was struck by a 2007 Chevrolet Tahoe driven by a 59-year-old woman. The female driver was reportedly attempting to make a left-hand turn onto Hoyt Street when the collision occurred. The impact trapped her beneath the vehicle, and emergency crew…
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  • As an urban mobility revolution draws near…

    Walter Olson
    28 Jul 2014 | 2:46 am
    Government is busy chasing century-old transit formats [Randal O'Toole, Cato; more] And Marc Scribner cautions libertarians against buying too heavily into a “regulated ridesharing” legal framework that could impede the emergence of something much better in ten or twenty years when self-driving vehicles are common [Skeptical Libertarian] Tweet Tags: autos, taxis and ridesharing, transit As an urban mobility revolution draws near… is a post from Overlawyered - Chronicling the high cost of our legal system
  • “U.S. Senate panel advances global disabilities treaty”

    Walter Olson
    27 Jul 2014 | 9:20 pm
    “The Senate Foreign Relations Committee voted 12-6 in favor of the U.N. Convention on the Rights of Persons with Disabilities.” I’ve outlined the insuperable problems with the CRPD on many occasions, e.g. here (see also here, here, etc.). It’s not clear why Sens. Robert Dole and John McCain would think the best way to honor American military veterans is to yield up U.S. sovereignty over large swaths of domestic governance. [Reuters] Tweet Tags: disabled rights, international human rights “U.S. Senate panel advances global disabilities treaty” is a post from…
  • Labor and employment roundup

    Walter Olson
    27 Jul 2014 | 9:05 pm
    “Telling Employee He Is ‘Eligible’ For Bonus Not Enough to Create Contractual Obligation” [Chris Parkin/Daniel Schwartz; Connecticut appeals court] Richard Epstein on Obama’s anti-LGBT-discrimination edict for federal contractors [Hoover "Defining Ideas"] D.C. Circuit panel, Janice Rogers Brown writing, strikes down DC tour guide licensing scheme [Ilya Shapiro/Cato, WaPo, Orin Kerr] “Why Progressives Shouldn’t Support Public Workers Unions” [Dmitri Mehlhorn/Daily Beast] “James Sherk of Heritage on Members-Only Bargaining” [On Labor]…
  • Corinthian Colleges meets its downfall

    Walter Olson
    27 Jul 2014 | 6:29 am
    Through the actions of multiple federal agencies — the Department of Education, Securities and Exchange Commission, and Consumer Financial Protection Bureau — the Obama Administration has succeeded in wiping out a major for-profit education provider with thousands of employees and 72,000 students, all without bringing a legal charge. Imagine what they could have done if they’d filed charges [WSJ editorial] Tweet Tags: colleges and universities Corinthian Colleges meets its downfall is a post from Overlawyered - Chronicling the high cost of our legal system
  • “SawStop suit stopped”

    Walter Olson
    26 Jul 2014 | 9:18 am
    Last month federal district judge Claude Hilton dismissed an antitrust suit filed against rival makers of table saws by SawStop, a company that has patented a table saw with innovative safety features. “Hilton’s ruling, while a blow to SawStop, has no legal bearing on the company’s efforts to get the Consumer Product Safety Commission to require the use of their technology on most table saws sold in the U.S.” Trial lawyers at Boies Schiller and elsewhere have also filed numerous product liability suits against makers of conventional saws; many saw users prefer to go on buying…
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    Solo Practice University®

  • Is It Time to Bone Up On Real Estate and Chinese?

    Susan Cartier Liebel
    28 Jul 2014 | 5:55 am
    I am always on the look out for more niche areas in the law solos can capitalize on and I happened to find one area which looks to be very promising for the enterprising. Real estate has always been a vibrant and fairly reliable practice area when the United States had a growing and substantial middle class. Buying a home was a rite of passage, a stated goal of many and practically a given event in the course of one’s life.  It’s the mainstay in the fantasy known as the American dream. Given the economy and the changes we are seeing with distribution of wealth, this area has been…
  • The Problem With Not Updating Your Digital Records

    Mark Bassingthwaighte
    24 Jul 2014 | 5:00 am
    My first computer came with a built-in 5 ¼ inch floppy drive and the new 3 ½ inch disk drive that was just out. Suffice it to say I was more than a little excited! This was a DOS based system and I thought it rocked. Of course I did what we all did with our computers then to include copying a number of personal files to floppies as a backup and purchasing several great educational programs on floppies to enjoy with our first-born. Over the years technology continued to improve and I went through several computer upgrades as my family and our perceived technological needs grew. Finally, when…
  • Breaking the Bonk (or ‘How To Avoid Hitting the Wall’)

    Suzanne Meehle
    22 Jul 2014 | 5:00 am
    Left to right, David Lacy, Christina Kadinger, me, and my husband, Tim I run. Or rather, I try to run a few times a week these days, as my schedule permits. Morning networking meetings, lunches and dinners with clients and referral sources, and time with my family all compete with running for the same “free” time around my workday. But OK – I’m still a runner, and every runner has experienced the bonk. According to Runner’s World, when your body stalls mid-run, it’s called bonking. It’s also called “hitting a wall.” You just plain run out…
  • There’s No Way to Game the System – Demystifying SEO – Guest Lecture with Conrad Saam

    Susan Cartier Liebel
    21 Jul 2014 | 5:30 am
    How do we create a web presence that actually works to bring in clients?  Well, this guest lecture may actually surprise you as no one is going to sell you a high-priced web site or bedazzle you with fancy Search Engine Optimization (SEO) ‘tricks’.  Why?  Because you can create a good website on your own and there are no SEO ‘tricks’ that actually work (especially not for any length of time).  What does work is rather simple and eminently doable on your own.  That’s why this guest lecture is perfect for new lawyers, solos and small firms because we discuss…
  • Why You Should Be a Mentor

    Debra Vey Voda-Hamilton
    17 Jul 2014 | 5:30 am
    I have spoken at length over the past 4 years about Rezoomers seeking mentors. This month I am speaking to those who would be mentors. You know who you are. You may be a successful Rezoomer or a colleague of a Rezoomer who sees them struggling and can offer to help. Often your help will change the life of the Rezoomer and, by happenstance, change the mentor’s life as well. I am reaching out to mentors this month because they need to assume the role and help a rezooming attorney. I recently had the good fortune of returning to my rezooming alma mater, Pace University Law School’s, New…
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    Above the Law

  • Morning Docket: 07.28.14

    Staci Zaretsky
    28 Jul 2014 | 5:43 am
    * “[T]he nation’s last explicit ban of the right to bear arms has bitten the dust.” On Saturday, a federal judge said D.C. couldn’t ban the carrying of guns in public for self-defense. [Legal Times] * Late on Friday, Florida’s ban on same-sex marriage was tossed by a state judge, making it latest in a string of major legal victories for marriage equality. Congrats, Floridians! [Bloomberg] * There’s been some new updates in the case of Dan Markel, the young FSU Law professor who was murdered in his own home. We’ll have more on the details police released later today. [CNN] *…
  • What Happens When You Invite Justice Ruth Bader Ginsburg To Your Wedding?

    Staci Zaretsky
    25 Jul 2014 | 2:28 pm
    I can't believe a Supreme Court justice responded to our wedding invitation!
  • Non-Sequiturs: 07.25.14

    Joe Patrice
    25 Jul 2014 | 1:52 pm
    * Proximate cause and the Incredible Hulk. Whatever, everyone knows Kirby was the real brains behind Palsgraf. [The Legal Geeks] * Someone is having fun with their RFAs: Admit… that we are going to whip the dog piss out of you. We were specifically chided: “please don’t say ‘only in Arkansas,’” so we won’t. You should feel free to say exactly that though. [Hawg Law Blog] * Not really surprising, but patent trolling is the worst it has ever been. I’ll sit here and wait for the New York Times to blame millennials. [io9] * The most important Supreme Court decision you’ve never…
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    Simple Justice

  • If You Can’t Fubar, Then Why Bother?

    28 Jul 2014 | 5:41 am
    For those of you who don’t read the comments, you’re missing something quite remarkable.  An anon commenter here, who goes by the handle Fubar, has taken to offering comments that make my posts pale in comparison: Excerpted from a manuscript initially hailed as a lost fifth book of Pope’s Dunciad, but quickly proved a wretchedly bad forgery, by a document examiner who could count. Computer-armed, angry and witless, Some jerk sent vile taunts to a witness. “Slice your wrists!” is a threat? Sayeth Kingkade, “You bet!” Casting doubt on his logical fitness. FIRE published…
  • The Gray Lady Gets High

    27 Jul 2014 | 4:43 am
    In one sense, it may not come as a huge shock that the New York Times editorial board has decided to go public in support of ending the federal prohibition on marijuana.  After all, its liberal credentials are renown, and isn’t legalizing pot a liberal cause célèbre? But it’s hardly that simple. There are no perfect answers to people’s legitimate concerns about marijuana use. But neither are there such answers about tobacco or alcohol, and we believe that on every level — health effects, the impact on society and law-and-order issues — the balance falls squarely on the…
  • The Silence of the Witnesses

    27 Jul 2014 | 4:04 am
    The role played by sociology professor Danielle Dirks, in counseling the purported Occidental College victim to cry rape despite having engaged in consensual sex, became widely known from the publishing of publicly available court papers.  Her name didn’t hit the big time because she was an innocent victim to a terrible crime, but because of what she said: The student, identified only as “John Doe,” had sex with his accuser on September 8th, 2013, according to details of the case obtained by the Foundation for Individual Rights in Education. Both Doe and his accuser had been…
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    What About Paris?

  • Parker Posey: And all she wants to do is dance.

    JD Hull
    28 Jul 2014 | 9:44 pm
    They're picking up prisoners--and putting them in a pen. All she wants to do is dance. --Danny Kortchmar/WB Music Corp. ASCAP (1984) Get "Party Girl" (1995) and watch her dance in the last scene. Add Ms. Posey to our Roman Pantheon.
  • Pantheon: Audrey Tautou is 37 years old.

    JD Hull
    27 Jul 2014 | 11:35 am
    Source: Pascal Le Segretain/Getty Images Europe (2011)
  • The Economist has had it with Putin; calls out France, Italy, Germany, US and UK.

    JD Hull
    26 Jul 2014 | 9:29 pm
    The West as Appeasement Weenies? See Russia, MH17 and the West: A web of lies. Screaming excerpts: Since the murders of the passengers of MH17 the responses have been almost as limp. The European Union is threatening far-reaching sanctions—but only if Mr Putin fails to co-operate with the investigation or he fails to stop the flow of arms to the separatists. France has said that it will withhold the delivery of a warship to Mr Putin if necessary, but is proceeding with the first of the two vessels on order. The Germans and Italians claim to want to keep diplomatic avenues open, partly…
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    How Appealing

  • Programming note

    Howard Bashman
    26 Jul 2014 | 4:16 am
    Programming note: Each summer I take at least a week's vacation from work and from this blog. This summer, my vacation begins now. New posts will appear here on Monday, August 4, 2014. Readers are invited to follow me on Twitter at @howappealing, where additional appellate-related posts may appear in the interim.
  • "Hillary Clinton touts Supreme Court Justice Sonia Sotomayor's memoir while visiting the Bronx"

    Howard Bashman
    26 Jul 2014 | 4:12 am
    "Hillary Clinton touts Supreme Court Justice Sonia Sotomayor's memoir while visiting the Bronx": The New York Daily News has this report.
  • "TPD pinpoints garage in Markel's death"

    Howard Bashman
    26 Jul 2014 | 4:05 am
    "TPD pinpoints garage in Markel's death": Sean Rossman has this article in today's edition of The Tallahassee Democrat.
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    Legal Juice

  • Oh, You’re Going To Give Me That Sweet And Sour Sauce

    John Mesirow
    26 Jul 2014 | 9:05 pm
    Even if you like sweet and sour sauce, ain’t no way you like it as much as this Washington State man. As reported by The Highline Times: A man entered a fast food restaurant at the 14800 block of 4th Ave. S.W. asking for some condiments. The clerk told him no. That angered him so he pulled out a knife and demanded they hand over some sweet and sour sauce. There were no reported injuries and it was unclear if they had the suspect in custody. Clearly a head-scratcher.
  • Yes, Someone Would Stoop This Low To Try To Avoid Getting A Speeding Ticket

    John Mesirow
    26 Jul 2014 | 1:32 pm
    What lengths would you go to in order to avoid a speeding ticket? Ladies, would you fire up the waterworks? Gents, would you throw yourself on the mercy of the officer? You won’t believe what this guy did. As reported by A man is accused of calling 911 to say that a murder was about to take place, but West Melbourne authorities said the caller was just trying to get out of a traffic stop. Yes, you read that correctly. Police said that Julius Lupowitz called 911 to report a murder in hopes that the officer who stopped him would respond to the priority call on Wingate Boulevard…
  • All Door Are Definitely Not Alike

    John Mesirow
    24 Jul 2014 | 9:09 pm
    Door are similar in that they all lead somewhere. On a plane, though, where they lead is kind of important – the bathroom, or, as reported at … Tomasz Mucha (26) had never been on a plane before and drank vodka and beer to steady his nerves before attempting to open the back door of the Ryanair aircraft. Yeah, unless you’re on the ground, that door is not your average door. But fortunately … Dublin District Court heard he did not manage to get the door open due to the air pressure. Whew. Still, the Judge must have thrown the book at this gent. Judge…
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    Ernie the Attorney

  • Virtual assistants that are affordable and super helpful

    Ernie Svenson
    27 Jul 2014 | 6:55 am
    What kind of virtual assistance can you get for $25 a month? Until I tried FancyHands I would have said “nothing worthwhile.” But my friend Chad Burton persuaded me to try them, and I’ve been pleasantly surprised. Under the “starter plan,” FancyHands virtual assistants will handle 5 tasks per month. Five tasks for $25 per month may not seem worthwhile, but that’s the surprise. At least if you’ve never used a virtual assistance service before. First of all, you can get more than 5 tasks your first month. FancyHands offers incentives options that, if you agree…
  • The voice in your head

    Ernie Svenson
    13 Jul 2014 | 3:03 pm
    Have you ever noticed the little voice in your head? Every human who has learned to speak a language has a little voice in their head. Thinking is possible only because of that little voice. If you notice yourself thinking, as you are thinking, then you’ve noticed the little voice in your head. So what? Well, it might be important to know how that little voice operates. What kind of effect does it have on your life? Does your little voice send you encouraging thoughts? Or, does it dwell on pessimistic things? Usually the little voice sends you messages based on things that happened in…
  • The problem with being clever

    Ernie Svenson
    29 Jun 2014 | 2:25 pm
    Being seen as clever by your fellow humans seems like a good thing. We like it when we say something clever and people notice. Feels good, right? So what’s the problem with being clever? It’s not at all obvious. When we bask in the glow of our vanity we have a hard time seeing anything amiss. Feeling clever is sublime, but noticing the effect of our cleverness on others is a drag. Being clever is always about us, and our ego. Being ego-driven is normal, and that’s another reason we don’t notice the problem with being clever. But what about clever put downs? Or the…
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    Ask the Lawyer @ Dear Esq.

  • What Are My Property Rights?

    House Attorney
    25 Jul 2014 | 9:04 pm
    I am the owner of an ingress/egress appurtenant road easement to a landlocked property behind my property. As I understand it, I am the subservient user, (for all intents and purposes I never use the road,) and the owner of the landlocked property is the dominant user. Due to recent heavy rains the road is almost totally washed out and fast becoming unusable.
  • Can My Husband Modify His Child Custody Order Based on Domestic Violence?

    House Attorney
    24 Jul 2014 | 8:59 pm
    We currently have an ex-parte temporary child custody order for my husband's 10-year-old daughter (from his first marriage). The mother had a live in boyfriend who was abusing her for 5 years (we have police reports and PPO'S to prove this). He is currently in jail and will be released in 2 months. We are awaiting our child custody investigation.
  • Can My Sister Modify Her Child Custody Order?

    House Attorney
    22 Jul 2014 | 9:07 pm
    My sister and her ex-husband went through a bitter divorce 2 years ago and are residents of South Carolina. He admitted to the court that he committed adultery (actually 3 times before the divorce was final.) They have 3 kids (1 boy and 2 girls) between them. He remarried a couple days after the divorce was final and now he has another step-daughter by marriage, and another girl on the way with his new wife. In the divorce agreement, my sister retained permission to take the kids and move to Nicholson Georgia with my mother.
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  • Don't Buy the Cooperative-Federalism-Makes-Halbig-Logical Argument

    Abbe Gluck
    24 Jul 2014 | 7:17 am
          I had hoped to take a day off blogging about Halbig and King (the ObamaCare Subsidies cases), but I cannot allow another inaccurate narrative about ObamaCare to take hold. Over at Volokh, my friend Ilya Somin argues that the holding in Halbig is not absurd because Congress uses statutory schemes all the time that try to incentivize states to administer federal law (and to penalize them if they don't).  It is true we see schemes like that all the time--Medicaid is a prime example--but the insurance exchange design is NOT one of them. …
  • Halbig, King, and the Limits of Reasonable Legal Disagreement

    Neil Siegel
    24 Jul 2014 | 6:26 am
    I participated in the debates over the constitutionality of the Affordable Care Act (ACA). Although I thought the federal government had substantially stronger arguments on its side, I did not dismiss the arguments of those who disagreed with me. There often has been reasonable, irreconcilable disagreement over the meaning of the Constitution, and the Supreme Court had never before allowed Congress to impose a purchase mandate under the Commerce Clause or an exaction labeled a penalty under the Taxing Clause. I thought the “Lopez question” required an answer. Halbig and King (plus the…
  • Confirmation that the Supreme Court's suggested fix will almost certainly not mollify the plaintiffs: Recent developments in the nonprofit challenges to the contraceptive coverage accommodation

    Marty Lederman
    23 Jul 2014 | 11:50 pm
    As I've discussed, the Supreme Court in Hobby Lobby in effect redirected the most contentious questions in the contraceptive-coverage challenges to those cases in which nonprofit organizations are challenging the government's regulatory accommodation for objecting religious nonprofit organizations.  Subsequently, in its order in the Wheaton College case, the Court invited the federal government to develop a regulatory fix that might both satisfy the nonprofit challengers to the contraceptive coverage rule and at the same time guarantee that the women who work for…
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  • "Why do white people fixate on the 'Westernizing' elements of ethnic plastic surgery?"

    28 Jul 2014 | 7:26 am
    "While working on this article, I found that people of all races had principled reservations about and passionate critiques of these practices. But the group that most consistently believed participants were deluding themselves about not trying to look white were, well, white people. Was that a symptom of in-group narcissism — white people assuming everyone wants to look like them? Or is it an issue of salience — white people only paying attention to aesthetics they already understand? Or is white horror at ethnic plastic surgery a cover for something uglier: a xenophobic fear of…
  • Scott Walker's ad about Mary Burke's family's company — Trek — gets the numbers right.

    28 Jul 2014 | 6:29 am
    PolitiFact verifies. Here's the ad:Other things to think about: Should Walker concentrate ads on Mary Burke's family's company? Which voters are susceptible to arguments based on Trek's use of Chinese labor to makes its bikes? Which voters are susceptible to the argument that Mary Burke would make a good governor because her family has a business that makes great bikes? If I'm riding around on my Trek bike, am I a rolling ad for Mary Burke?
  • Based on the average American man's waist measurement, the top-selling size pants should be 38, 39 or even 40.

    28 Jul 2014 | 5:56 am
    But it's 34, and I think you know why.No, it's not that the bigger men get the less likely they are to buy pants. It's that men don't wear pants at the waist level. The belly floats free, above the so-called waistband.
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    Concurring Opinions

  • What’s ailing the right to be forgotten (and some thoughts on how to fix it)

    Babak Siavoshy
    27 Jul 2014 | 8:48 pm
    The European Court of Justice’s recent “right to be forgotten” ruling is going through growing pains.  “A politician, a pedophile and a would-be killer are among the people who have already asked Google to remove links to information about their pasts.”  Add to that list former Merill Lynch Executive Stan O’Neal, who requested that Google hide links to an unflattering BBC News articles about him. All told, Google “has removed tens of thousands of links—possibly more than 100,000—from its European search results,” encompassing removal requests from…
  • UCLA Law Review Vol. 61 Symposium: Vol. 61, Issue 6

    UCLA Law Review
    27 Jul 2014 | 7:50 pm
    Volume 61, Issue 6 (July 2014) Articles Public Utility and the Low-Carbon Future William Boyd 1614 An Open Access Distribution Tariff: Removing Barriers to Innovation on the Smart Grid Joel B. Eisen 1712 Valuing National Security: Climate Change, the Military, and Society Sarah E. Light 1772 Lessons From the Past for Assessing Energy Technologies for the Future Albert C. Lin 1814 Complexity and Anticipatory Socio-Behavioral Assessment of Government Attempts to Induce Clean Technologies Gary E. Marchant 1858 Feasibility of Flexible Technology Standards for Existing Coal-Fired Power Plants and…
  • Recent Articles of Note

    Gerard Magliocca
    26 Jul 2014 | 6:18 am
    Now that I’ve finished drafting my latest paper, I’m going through the stack of articles that I’ve wanted to read for some time.  I want to make two summer reading suggestions. The first is Justin Driver’s article on “Supremacies and the Southern Manifesto.”  This is is the first comprehensive look at the Manifesto (made by Southern members of Congress in response to Brown) and contains lots of eye-opening observations about both the segregationist perspective and the response.  It’s well worth your time. The other is Erin Delaney’s paper on…
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    Sui Generis-a New York Law Blog

  • How to choose Web-based legal software

    25 Jul 2014 | 12:08 pm
    This week's Daily Record column is entitled "How to choose Web-based legal software."  My past Daily Record articles can be accessed here. How to choose Web-based legal software These days, more and more lawyers are moving to Web-based legal software because it’s convenient, provides 24/7 on-the-go-access to case-related information, and is affordable. The good news is now that  cloud computing is becoming more familiar and accepted, new platforms are being introduced into the legal marketplace at record speed. So, what’s a lawyer who has made the decision to move to the cloud to…
  • Courts still grapple with social media evidence discovery

    2 Jul 2014 | 7:46 am
    This week's Daily Record column is entitled "Courts still grapple with social media evidence discovery."  My past Daily Record articles can be accessed here. Courts still grapple with social media evidence discovery  As attorneys realize the utility of social media evidence in litigation, broad requests for unfettered access to social media accounts are becoming all the more common. As a result, New York courts have been grappling with social media discovery issues more frequently. More often than not, the courts have done a good job of analyzing the requests within the context of the…
  • Tech Tips For the Traveling Lawyer

    26 Jun 2014 | 10:45 am
    This week's Daily Record column is entitled "Tech Tips For the Traveling Lawyer." My past Daily Record articles can be accessed here. Tech Tips For the Traveling Lawyer I travel — a lot. So I figured I’d pass along some of my favorite technology tools and apps for those of you who also spend a lot of time on the road. First and foremost, invest in a powerful, lightweight laptop. That way you can take your office with you without needing to visit your chiropractor upon your return. I have a mid-2013 MacBook Air and I love it. It’s a thin, 13-inch laptop — only .68 inches at its…
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  • On Being Associate Dean

    Gordon Smith
    25 Jul 2014 | 2:34 pm
    For the past five years, I have served as Associate Dean of Faculty and Curriculum at the BYU Law School. Dean Jim Rasband announced today that I would be stepping down from that position to resume the life of a regular law professor. Surprisingly, reading that announcement was bittersweet for me. No law school professor I know aspires to be an associate dean. Over the past few years, whenever I would see Bob Rasmussen, Dean of USC's Law School, he would say, "You have the worst job in legal education." A few years ago Peter Joy, then Vice Dean of Washington University School of Law,…
  • Welcome To The Blogosphere, Ortsian Thoughts and Theories!

    David Zaring
    25 Jul 2014 | 10:53 am
    My colleague Eric Orts is blogging on business law, business entities, and similar subjects here.  Welcome to the blogosphere, Eric! 
  • A Q&A With Larry Cunningham on Berkshire Beyond Buffett Over At Business Law Prof

    David Zaring
    24 Jul 2014 | 1:28 pm
    It's here, done by Joan Hemingway, and is interesting throughout.  Larry is guesting over there this week, and goes into more detail here.
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    Ms. JD Blog

  • Recap - Cutting to the Front of the Line: OCI Prep

    22 Jul 2014 | 8:28 pm
    [View the story "Cutting to the Front of the Line: OCI Prep Skills" on Storify]
  • Mentors Matter: Some of the Best Advice I’ve Received

    Kristin Holland
    18 Jul 2014 | 8:12 pm
    I've been practicing law for 18 years.  In that time, I've externed for a Federal Bankruptcy Judge and worked at three different firms.  I've read many articles on how to make it in a man's world, how to succeed in BigLaw, how to attain work life balance and how to be happy.  Here are some of the best bits of wisdom I've accumulated from mentors over these almost two decades: (1) Hard working lawyers beat lazy lawyers 99% of the time. Here's the truth: preparation is probably more important than the highest I.Q. in most legal situations.   If…
  • Finishing Your Internship Strong, even if you hate it.

    18 Jul 2014 | 3:12 pm
    A lot of advice exists on how to start off strong (which is very useful), but not enough advice exists on how to cross the finish line as a model student intern.  If your summer position was less than a stellar experience it's still important that you finish on a high note.   I’ve had students that don’t “get” the mission regarding poverty law.  They didn't realize not all lawyers are in court every day of the week; or they realize that it’s not as prestigious as they would like; or they realize that this just isn’t the area of…
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    Biker and Motorcycle Accident Lawyer Blog

  • How to get to your fuse panel on your Harley Davidson Electra glide motorcycle

    Norman Gregory Fernandez
    11 Jul 2014 | 11:26 pm
    I have created a series of videos to help people wrench on their Harley Davidson motorcycles. The below video discusses not only how to get to the fuse panel on your Harley Davidson Electra glide motorcycle, it also teaches you how to remove your hard saddlebags, how to remove your seat, and how to put it all back together again. I realize that I am I California motorcycle accident lawyer, but like all bikers I love to wrench on my motorcycle. I hope you enjoy the below video, and I’m sure it’ll help many people who don’t blow to get to their fuse box, or how to remove their hard…
  • Happy Independence Day, 2014

    Norman Gregory Fernandez
    4 Jul 2014 | 3:56 pm
    I would like to wish you on behalf of myself and the Biker Law Blog a happy Independence Day for the year 2014. On this day in the year 1776, a group of liberal radicals declared their independence from the English Empire, which was a treasonous act punishable by death. In 1776, the English Empire was the greatest empire on earth. The people of the American colonies wanted a government of the people, by the people, and for the people. They revolted against England because they had no representation in the English Parliament, and although they paid taxes, they were treated with disdain by…
  • How to hardwire a GPS into a Harley-Davidson Electra glide

    Norman Gregory Fernandez
    3 Jul 2014 | 1:29 pm
    Norm’s Harley Davidson Electra Glide with front fairing removed. For several years now I’ve used a GPS set up in my different Harley-Davidson Electra glides with a cigarette charger type of cable that I had the jerry-rigged into the GPS. You can read an article that I wrote about my GPS setup back in 2007 by clicking here now. It not only looked like crap, but when I wanted to take the GPS off the motorcycle and use it in my car, I would have to unwrap the charging cable, and then rewrap it when I wanted to use it on the motorcycle again. You can see a picture of how the old setup…
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  • Closing Comments

    KC Johnson
    17 Jul 2014 | 9:01 pm
    When I first started writing about the lacrosse case, at a joint historians’ blog called Cliopatria, I did so in reaction to the Group of 88 statement. Then (and now) I considered the statement an indefensible betrayal by professors of their own school’s students, an action that contradicted many of the basic values on which American higher education rests.Absent the Group statement, I doubt I would have noticed the case at all—in spring 2006, I didn’t even know that Duke had a lacrosse team, much less know any of its members. But as I remained interested in the case, the editor of…
  • The Group of 88 & Wikipedia

    KC Johnson
    13 Jul 2014 | 10:06 am
    Some interesting comments in a Wikipedia discussion thread regarding efforts to remove mention of their membership in the Group from Wikipedia bios of Group of 88 members. The evidence regarding Cathy Davidson, author of the infamous N&O apologia for the Group, is particularly troubling, in that the editor/whitewasher was traced to a CUNY IP on the same day that Davidson began her CUNY service.I welcome insights from any Wikipedia editors in the comment thread.
  • Howard Update

    KC Johnson
    11 Jul 2014 | 11:48 am
    Anne Blythe reports in the N&O that Judge Hudson has said he wants to grant bail to Darryl Howard, whose prosecution, writes Blythe, the judge described “as one of the most 'horrendous' prosecutions he had seen in his 34 years on the bench.” The prosecutor in the case was, of course, disgraced ex-DA Mike Nifong.As he has deemed Nifong as honorable and quite credible, author William D. Cohan has yet to comment once on the Howard case.
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    Legal Profession Blog

  • Worst Report Affirmed

    Legal Profession Prof
    28 Jul 2014 | 4:15 am
    In October 2012, I posted a comment about a report of a District of Columbia hearing committee that absolved four lawyers who I believe were proven to have engaged in serious misconduct involving the abuse of an elderly woman suffering...
  • Death Be Not True

    Legal Profession Prof
    26 Jul 2014 | 9:42 am
    The Illinois Administrator has filed a complaint alleging that an attorney made false representations in response to a motion for sanctions. The attorney was assigned by his law firm to defend a personal injury action. A motion for sanctions was...
  • Frequent Flyer

    Legal Profession Prof
    26 Jul 2014 | 7:20 am
    An attorney convicted of seven misdemeanors was suspended by the New York Appellate Division for the Second Judicial Department for three years. The attorney failed to report the convictions. As to sanction In determining an appropriate measure of discipline to...
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  • Flying in the Clouds: A Safety Checklist

    23 Jul 2014 | 11:57 am
    Law Technology News published an article that reviews ethical and technical issues to consider when using cloud services. (
  • Lawyer Reviewing Jurors’ Internet Presence

    6 May 2014 | 1:24 pm
    A lawyer may review a juror’s or potential juror’s Internet presence, which may include postings by the juror or potential juror in advance of and during a trial, but a lawyer may not communicate directly or through another with a juror or potential juror.  See ABA Formal Opinion 466 (April 24, 2014)
  • LegalZoom Gets OK From South Carolina Supreme Court

    25 Apr 2014 | 6:45 am
    The South Carolina Supreme Court ruled that LegalZoom’s services do not constitute the unauthorized practice of law. See summary at 3 Geeks and a Law Blog.
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    China Law Blog

  • Where To Locate Your Business In China Or Asia

    27 Jul 2014 | 5:28 am
    A reporter recently asked me why our clients that had chosen to locate in Vietnam had chosen Vietnam over China. I mentioned lower costs, less competition, and how some had told me that it was because they just flat out preferred spending time in Vietnam to China. He replied: “But it must be strictly the low costs in the end, right?” I said that could not be the case because if companies were choosing their locations on low costs alone, countries like Yemen and Niger would be on the top of their lists, rather than nowhere on them. I then mentioned that because we have an experienced and…
  • China Domain Name Emails. It Is Still A Scam.

    25 Jul 2014 | 6:19 am
    One of our China lawyers just got the following email which, interestingly enough went to the spam folder.  I mention that it went to the spam folder because it shows that Outlook recognized it for what it contained, a fairly standard China domain name scam email. The email our China attorney received was the following: I am a longtime reader (and occasional commenter) of your blog, and I received an email that seems to be a warning from a Chinese company about a potential domain squatter in China, I thought you might be interested in it. the email seems like an fishing expedition,…
  • China: Do Just One Thing Redux. Trademarks.

    24 Jul 2014 | 11:15 pm
    More than three years ago, we did the following post, entitled, China: Do Just One Thing. Trademarks. From time to time I get calls from start-up companies about to embark on manufacturing in China. They are calling to ask what they need to do “to protect themselves.” I tell them about NNN Agreements and how they can help prevent potential manufacturers from replicating their product. And I tell them about how important it is that they have an OEM Agreement with their Chinese manufacture Then I tell them how if they do nothing else, they should immediately register their trademarks…
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    Patently-O » Patent

  • Intellectual Property in an Independent Scotland

    Dennis Crouch
    28 Jul 2014 | 6:23 am
    Guest Post Author – Peter Arrowsmith, partner and (Scottish) patent attorney at Cleveland ( Introduction On 18 September 2014 the people of Scotland will vote in a referendum to decide their future: whether to continue as part of the United Kingdom, or whether to re-establish themselves as an independent country. For all Scottish people (and many British people from the remainder of the UK) this is an emotive debate, with strong opinions on both sides. As Scotland prepares for the referendum this article considers the possible impact of a ‘Yes’…
  • Trade Secrets, Trademarks, and Interstate Commerce

    Dennis Crouch
    27 Jul 2014 | 11:32 am
    By Dennis Crouch Society should always question rules where the rule-maker is not itself bound by the rules. Courts strongly enforce trade secret rights – except when it comes to discovery. The discovery process in litigation involves the forced disclosure of information between the various parties (as well as others with relevant information). The fact that information requested is a trade secret generally does little to prevent its disclosure. Rather, as with essentially all discovery requests, courts balance the need for disclosure against any countervailing privacy concerns. (The rules…
  • USPTO Moves to Strongly Enforce Eligibility Limitations

    Dennis Crouch
    25 Jul 2014 | 9:31 am
    By Dennis Crouch Earlier this summer, the Supreme Court decided the subject matter eligibility case of Alice Corp. v. CLS Bank Int’l, 573 U.S. ___ (2014). The main point of Alice Corp. was to find that the eligibility-limiting holding of Mayo v. Prometheus, 566 U.S. ___ (2012) applies equally to the patenting of abstract ideas. (Mayo focused on laws of nature). Alice Corp. offers a two-step process for determining patent eligibility of a claimed invention: Building Block: First, determine whether the claim recites or is directed to a patent-ineligible concept such as an abstract idea,…
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    Religion Clause

  • Eid al Fitr Begins Today; White House Issues Greetings

    Howard Friedman
    28 Jul 2014 | 4:49 am
    Today is the beginning of Eid al Fitr, marking the end of Ramadan. (Background from Huffington Post). The New York Times reports that today's start of the Eid was confirmed last night by the area's Roohat-e-Hilal Committee, or Moon-Sighting Committee. Yesterday President Obama issued a statement (full text) wishing "Muslims in the United States and around the world a blessed and joyous celebration."
  • Second Florida Trial Court Invalidates State's Same-Sex Marriage Ban; Stays Order

    Howard Friedman
    28 Jul 2014 | 4:27 am
    In Pareto v. Ruvin, (FL Cir. Ct., July 25, 2014), a Florida state trial court in Miami-Dade County held that Florida's ban on same-sex marriage violates the 14th Amendment's due process and equal protection clauses.  While ordering the Miami-Dade County clerk of courts to modify its marriage license forms to encompass same-sex marriages, the court stayed its order pending expected appeals. The court excluded from its order the provision of Florida law barring recognition of same-sex marriages performed in other jurisdictions, presumably because none of the plaintiffs before the…
  • Church Challenges Town's Zoning Law

    Howard Friedman
    28 Jul 2014 | 4:05 am
    Liberty Institute announced the filing last week of a RLUIPA challenge to the zoning ordinance of the town of Bayview, Texas. The complaint (full text) in Cornerstone Church by the Bay v. Town of Bayview, Texas, (SD TX, filed 7/22/2014), alleges that the town's zoning ordinance violates RLUIPA and the Texas Religious Freedom Restoration Act, as well as federal and state constitutional protections, by barring all religious institutions in the town's only residential zone while allowing similarly situated non-religious institutions there. Cornerstone is seeking to operate a church and…
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  • The Garden State Parkway and government trademarks: What exit?

    Ron Coleman
    24 Jul 2014 | 12:34 pm
    @RonColeman @likely2confuse Can you opine on this one: — Keith Kaplan (@kkaplan) July 24, 2014 So, yes:  One of my many continuing series around here has long been the assertion of trademark rights by political subdivisions and agencies in stuff that they’re supposed to just do.  These include: The FBI’s official seal; The WORLD TRADE CENTER phony-baloney trademark and associated scam by an ex-employee; The District of Columbia’s official seal (and that of Houston); New York City’s Metropolitan Transit Authority and its iconic subway-train…
  • Magnesium ad nauseum

    Ron Coleman
    22 Jul 2014 | 10:14 am
    Originally posted 2009-04-27 07:57:57. Republished by Blog Post PromoterRyan Gile reports that it’s Coke vs. Pepsi on behalf of their sport-drink proxies, Gatorade and Powerade: Coke’s advertising . . . makes the claim that Gatorade is “missing two electrolytes” – calcium and magnesium – that are found in Powerade. According to the complaint, the trace amounts of calcium and magnesium found in Powerade are so minute that it really has no nutritional benefit. Pepsi’s causes of action are for false advertising, unfair competition, trademark dilution,…
  • Underneath Their Robes

    Ron Coleman
    22 Jul 2014 | 10:14 am
    Originally posted 2005-03-23 08:59:00. Republished by Blog Post PromoterStumbled onto the fascinating and well-written Underneath Their Robes blog this morning, before the phones start ringing and those detestable faxes start slithering in. If you’re in federal court as often as we are you will want to bookmark this one.
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    Grits for Breakfast

  • A glimpse into grand jury misconduct

    19 Jul 2014 | 4:30 am
    Lisa Falkenberg at the Houston Chronicle has posted a four-part series describing abusive interrogation by a grand jury so intense it may cause a capital murder conviction in a police officer's death to be overturned. Teaser: Anthony Graves plays a pivotal, on-the-ground role:A disturbing glimpse into the shrouded world of the Texas grand jury systemMother of three pressured into changing story, but jailed anywayAnthony Graves helps open a painful door to the past, and perhaps the truthCop was foreman of grand jury in cop killingThe episode provides a rare glimpse into the grand jury system:…
  • All Ten: DPS now fingerprinting every driver at renewal

    17 Jul 2014 | 1:53 pm
    Reversing a decade long policy implemented after the Texas House shot down the idea in 2003, the Texas Department of Public Safety earlier this year began taking all ten fingerprints of drivers when they apply for a license or a renewal. Previously they required only a thumbprint or an index finger if for some reason a thumbprint couldn't be taken.But the Dallas News' Dave Lieber reported (June 7) that DPS license facilities now require drivers to give them all ten fingerprints, a policy change that took effect earlier this year with no publicity from the agency.Long-time readers may recall…
  • Immigrants (still) arrested at very low rates

    17 Jul 2014 | 7:11 am
    A reporter pointed me to this page on the Texas DPS website titled "Texas Criminal Alien Arrest Data" posting material that Col. Steve McCraw has been using to promote the state's beefed up border strategy. Check it out.The data, though, lack context. Notice that the first chart is not to scale - arrests of "criminal aliens" are in fact a small proportion of the whole: Eight percent of statewide arrests is much lower than the 16 percent of Texas residents who are foreign born. The rest were "Non Alien Arrestees," in DPS' parlance, which I guess is how we now label "citizens." (In this…
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    Drug and Device Law

  • Guest Post - Another Third Party Payor Case Is Shown The Door

    25 Jul 2014 | 1:13 pm
    Today we have this guest post from Reed Smith's Andrew Stillufsen about a recent defense win in a third party payer (or is it"payor"?) case here in the Eastern District of Pennsyvania.  We hope you find it as interesting as we did.  As usual all credit and/or blame belong to the guest poster.************* Travelers Indemnity Co. v. Cephalon, Inc., is a third party payor case where plaintiffs – workers compensation insurers – claimed that they were injured by paying for prescriptions for defendant drug company’s  pain medications which were written as a result of its…
  • Testing the Limits of Prescription Drug Preemption

    Steven Boranian
    24 Jul 2014 | 8:00 am
    Just how far can a state go in regulating prescription drugs?  The simple answer is that states can go nowhere and that FDA is king in this field under the FDCA and the Supremacy Clause.  But we all know that it is not that simple.  We are reminded every day when we come to work that states regulate prescription drugs by allowing state-law tort lawsuits, although federal preemption is a mighty shield where it applies.  We are also aware that states regulate the practice of medicine, as well as regulating the pharmacies that dispense prescription drugs on doctors’…
  • Court Dismisses Balderdash Solodyn Complaint

    Steve McConnell
    23 Jul 2014 | 4:00 am
     The genius who devised the theory of evolution.  The statesman who defended Western Civilization against the Nazis.  The man who freed a subcontinent via the majesty of nonviolent resistance.  The greatest basketball player of all time.  The composer of Shaft.  The Pope's favorite saint.  Our national emblem.   What do these heroes have in common? Today’s case is Dimieri v. Medicis Pharm. Corp., 2014 U.S. Dist. LEXIS 95409 (M.D. Fla. July 14, 2014).  Dimieri ingested Solodyn for the treatment of acne.  He discontinued use of…
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    Crime and Consequences Blog

  • Time to Appeal Jones v. Chappell, Ms. Harris

    Kent Scheidegger
    25 Jul 2014 | 4:30 pm
    Today in Los Angeles, Judge Cormac Carney entered final judgment on Claim 27 of Jones v. Chappell, his absurd decision that delay in the review of capital cases is a reason to change a death sentence to life imprisonment.Federal Rule of Civil Procedure 54(b) permits a judge to enter final judgment on one claim while other claims remain pending "if the court expressly determines that there is no just reason for delay," which this judgment does.This final judgment is appealable under 28 U.S.C. § 1291.  See, e.g., Brown v. Eli Lilly & Co., 654 F.3d 347 (CA2 2011).  A notice of…
  • News Scan

    CJLF Staff
    25 Jul 2014 | 11:53 am
    Northern California City Struggling Under Realignment: A California State Senator has dubbed Redding, CA as one of the cities hit hardest by Realignment after taking a tour of the Shasta County Jail earlier this week.  Vienna Montague of KRCR News reports that since Realignment went into effect in 2011, the city of Redding has seen higher rates of auto theft, robbery and drug use, and it has caused major problems throughout the community.  The senator mentioned additional funding that has been set aside to combat Realignment issues, but believes money is a simple fix to a problem…
  • Culture, Values, Politics and Crime

    Bill Otis
    25 Jul 2014 | 11:27 am
    A commenter recently took me to task, disturbed that I criticized the Administration for its tepid response to the Russian-sponsored mass murder of 298 people in the Ukraine.  The commenter thought my remarks went too far in the direction of a strictly political attack.Let me say that reasonable minds could differ about that post.  My own view is that (1) the episode was indeed mass murder, (2) our government's response was, and is, feckless, both for moral and practical purposes, and (3) fecklessness in the face of murder, and of crime generally, is a huge problem just now, and I'm…
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    CLEWS Your Home for Historic True Crime

  • The Riddle of the 'Renegade Amish'

    Laura James
    28 Jul 2014 | 5:00 am
    (Ed. note: I recently came across an essay by true crime author Donald Kraybill concerning a complex criminal case in Ohio that would make for a difficult bar exam question. The sixteen defendants committed hair- and beard-cutting assaults on nine of their fellow Amish, and they were charged with federal 'hate' crimes. Kraybill, an authority on Amish culture and a prosecution expert in the case, has a book coming out soon from Johns Hopkins University Press about the trial. The book is supported by the publisher's website as well as a video introduction. I obtained permission…
  • For fans of Miriam Allen deFord

    Laura James
    15 Jul 2014 | 7:56 am
    Does anyone have some books to recommend for those of us who've had the pleasure to discover the writings of Miriam Allen deFord? Her Amazon search results show that she wrote all over the literary map, and few books are reviewed. I've long been a fan of the late true crime author [here's her Wiki page], and in a visit this month to the venerable John King Book Store in my lovely Detroit, I found a $1 copy of The Overbury Affair, which I gobbled up in 2 days. So I was happy to get this note from a fellow deFord-phile --  Hi Laura!!I think your blog is AWESOME!!  You said…
  • True Crime Links May 2014

    Laura James
    6 May 2014 | 2:40 pm
    "There has been a handful of gorgeous, sun soaked spring days recently. What better time to go off on a true and fictional crime jag and wallow in depravity and cynicism?" --Journalist James Varney, New Orleans Times-Picayune Welcome to the annual true crime book club link-a-thon! I am dusting off my blog again to share the plethora of links my faithful correspondents have sent me and that I've selfishly hoarded hitherto. If you like stories of history, journalism, law, and murder, in other words the true crime genre, easily the best invention to come out of the sixteenth…
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  • Drug Mule's Cocaine Pellets Burst on Plane

    28 Jul 2014 | 7:31 am
    Colmin Smith, age 48, was flying from Antigua to London with 239 grams of cocaine (about 1/2 pound) in pellets in his stomach. Shortly after the packed Virgin Atlantic flight took off, the pellets burst. He managed to tell a flight attendant right... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
  • ISIS Turns Against John McCain in Latest Publication

    28 Jul 2014 | 7:15 am
    ISIS released the second edition of Dabiq, its glossy magazine yesterday, titled "It’s Either the Islamic State or the Flood"." There's a drawing of a big ark on the cover. While they certainly have mastered graphic design -- the issue is... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
  • Trial Monday on Production of Missing Video From OKC Bombing

    27 Jul 2014 | 5:46 pm
    Utah attorney Jesse Trentadue has been fighting for years to obtain videos referenced in Secret Service and FBI timelines of the Oklahoma City Bombing investigation. Trial in his FOIA lawsuit (see IntelFiles case page for background) begins tomorrow... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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    TheFunded Founder Institute News

  • Can Your Passion Withstand Time?

    26 Jul 2014 | 6:30 am
    The Founder LaunchPad gives aspiring entrepreneurs exclusive tips and tricks through video clips from the Founder Institute's worldwide network of [total_mentors]+ mentors. For more Founder LaunchPads, visit our Startup Founder 101 YouTube Channel. In this week's Founder LaunchPad, Marcos Polanco, Co-Director of the Puerto Rico Founder Institute, explains the importance of launching a startup that is deeply rooted in who you are. He challenges his audience to visualize themselves during their last days on earth. What have you created? What do you REFUSE to leave behind? According to…
  • Emberlight’s "Smart" Light Product Profiled on TechCrunch

    25 Jul 2014 | 8:30 pm
    Atif Noori and his company Emberlight were recently featured in a TechCrunch article by Sarah Perez titled Emberlight Turns Any Dimmable Bulb Into a “Smart” Light You Control With Your Phone. Emberlight is a graduate of the Bay Area Founder Institute and was a Finalist in the 15th Founder Showcase. Emberlight aims to make “smart” light bulbs more user-friendly and affordable than existing smart light bulbs on the market, which are often expensive and require additional hardware in order to operate. Rather than selling the bulb itself, Emberlight offers a product that…
  • Don’t Pitch Your Product, Pitch Your Passion

    25 Jul 2014 | 6:00 am
    The Founder LaunchPad gives aspiring entrepreneurs exclusive tips and tricks through video clips from the Founder Institute's worldwide network of [total_mentors]+ mentors. For more Founder LaunchPads, visit our Startup Founder 101 YouTube Channel. In this week's Founder LaunchPad, Marcos Polanco, Co-Director of the Puerto Rico Founder Institute, illustrates the importance of defining your passion through your company’s brand. He continues on to say that business entrepreneurs should never confront sales in the same manner of a car salesman. It’s not about selling your…
  • Startup Misconceptions: Entrepreneurship has to be Done Alone

    24 Jul 2014 | 1:00 pm
    Entrepreneurship is hard. REALLY hard. But with countless tales of how entrepreneurs made it big with almost nothing, it’s easy for a budding founder to jump into the startup world full of unbridled enthusiasm.  Luckily, Startup Misconceptions is here to clear up the myths, delusions, and fancies surrounding entrepreneurship, with useful advice from experts. So, sorry if we rain on your parade, but we believe a successful entrepreneur is a prepared entrepreneur. You’ll thank us later. In this installment, we disprove the myth that entrepreneurs should go solo when…
  • Startup Toolkit: Discovering Your Idea

    24 Jul 2014 | 12:00 pm
    If you are new to the world of entrepreneurship, launching a startup can seem like a daunting task. Let’s be honest, it is. In fact, countless individuals have abandoned their entrepreneurial dreams to avoid scaling the precipitous path of entrepreneurship. For those of you who find yourselves hesitant about taking that first bold step, the Startup Toolkit is here to equip you with the knowledge you need to help make your dream company a reality. Each installment consists of expert, up-to-the-minute resources addressing the challenges every fledgling founder must overcome. This first…
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  • District court strikes down last ban on carrying a gun in public

    Lyle Denniston
    27 Jul 2014 | 5:58 am
    The nation’s last total ban on carrying a gun in public — a local handgun law in Washington, D.C. — has been struck down by a federal judge in a case that took almost five years to decide.  The ruling in Palmer v. District of Columbia emerged on Saturday — a day when federal courts seldom issue decisions.  The judge extended Second Amendment rights to have a gun so that they apply outside the home. Written by a judge brought in from outside the city, the case had gained notoriety as the challengers to the D.C. law tried repeatedly to get a ruling, even asking a…
  • Petition of the day

    Maureen Johnston
    25 Jul 2014 | 7:11 pm
    The petition of the day is: Athena Cosmetics, Inc. v. Allergan, Inc. 13-1379 Issue: Whether, under Buckman Co. v. Plaintiffs’ Legal Committee, the Federal Food, Drug, and Cosmetic Act impliedly preempts a private state-law claim for unfair competition premised on a party’s purported failure to obtain Food and Drug Administration approval, where the Food and Drug Administration itself has not imposed any such requirement. In association with Bloomberg Law
  • New or forthcoming books on the Supreme Court & other related materials

    Ronald Collins
    25 Jul 2014 | 11:20 am
    There has never been a shortage of books on the Supreme Court, and that tradition continues as evidenced by fifteen new or forthcoming works.  The new books cover a range of topics, from a critique of the current Court to an examination of the Court’s monetary decisions to books on how the traditional and electronic media cover the Court’s work. If you missed it the first time around, you might be interested to know that H.N. Hirsh’s The Enigma of Felix Frankfurter (1981) has been reprinted in paperback and on Kindles by Quid Pro Books. Speaking of Supreme Court Justices, Dan Ernst…
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    Robert Ambrogi's LawSites

  • Casetext Prepares to Add ‘Communities’

    Robert Ambrogi
    28 Jul 2014 | 6:27 am
    It was one year ago that I first wrote here about Casetext, the free legal research site that uses “crowdsourcing” to annotate court opinions. More recently, I wrote about Casetext’s addition of a citator, called WeCite. Now, there is more Casetext news to report. Casetext is preparing to launch a new version of its research […] The post Casetext Prepares to Add ‘Communities’ appeared first on Robert Ambrogi's LawSites.
  • New Features Added to Casemaker

    Robert Ambrogi
    25 Jul 2014 | 5:06 am
    If you’ve been following this blog lately, you’ll know that I recently attended the annual meeting of the American Association of Law Libraries. While I was there, I spoke briefly with David Harriman, the CEO of Casemaker, the legal research service offered as a member benefit by some 25 state and local bar associations. He […] The post New Features Added to Casemaker appeared first on Robert Ambrogi's LawSites.
  • Couple of Other Cool Things I Saw at AALL

    Robert Ambrogi
    23 Jul 2014 | 10:15 am
    After returning from the American Association of Law Libraries annual meeting in San Antonio last week, I wrote about having seen previews there of major changes in the works for Fastcase, Lexis Advance and Wolters Kluwer. I also wrote last week about, which I learned about through conversations at AALL. But these were not […] The post Couple of Other Cool Things I Saw at AALL appeared first on Robert Ambrogi's LawSites.
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    Wise Law Blog

  • 140 Law - Legal Headlines for Monday, July 28, 2014

    Elysia Cherry
    28 Jul 2014 | 5:59 am
     Here are the leading legal headlines for Monday, July 28, 2014 from Wise Law on Twitter: Lawyers Should Be Aware of iPhone Vulnerabilities  Ontario Justices of the Peace should have a law degree: Editorial - Toronto Star Florida police seek vehicle in shooting death of Toronto-born lawyer  Man charged for alleged security threat on Sunwing flight released on $1,000 bail after Brampton hearingJudge Overturns D.C. Ban on Guns in Public Federal judge throws out DC ban on handguns as unconstitutional  Class action lawsuits reduce risk, but cases can…
  • 140 Law - Legal Headlines for Friday, July 25, 2014

    Elysia Cherry
    25 Jul 2014 | 6:49 am
     Here are the leading legal headlines for Friday, July 25, 2014 from Wise Law on Twitter: New U.K.-Canada tax treaty lets authorities do audits in other country Alabama man claims penis mistakenly amputated at circumcision procedure  Avoiding the pitfalls of white-collar overtime - Ottawa Business Journal European Court of Human Rights Factsheets Wondering whether your law practice structure could expose you to liability for other lawyers’ work?Manitoba community discovers it never had an official booze ban despite being ‘dry’ for all living memory Canada…
  • 140 Law - Legal Headlines for Thursday, July 24, 2014

    Elysia Cherry
    24 Jul 2014 | 6:34 am
    Here are the leading legal headlines for Thursday, July 24, 2014 from Wise Law on Twitter: European Court Rules Against Poland Over Secret CIA Jail  Provincial jails clogged with legally innocent Canadians - Canada - CBC News Why legally innocent Canadians are clogging up provincial jails  UN chastises Canada over immigration detention, including un-deportable man jailed 8 years Duran Duran sues fan club over revenues  Montana’s top court suspends judge who blamed 14-year-old girl for being raped Canada’s crime rate falls, as homicides hit…
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    Law Technology Today

  • Design Thinking in a Future Legal Practice

    Brian C. Pike
    28 Jul 2014 | 5:30 am
    If you aren’t already, imagine being a law student in America today. Most law students are constantly reminded of how poor job prospects are with law graduate placement falling for the sixth year in a row to 84.5%. Students working in the legal services industry no longer see the world of 91.9% employment reached in 2007 before the financial crisis. With the average price of a law degree hovering around $125,00, it is important for law students in the new legal services market to have unique skills. My interest in the blending of unique skills and personal branding began when I…
  • What’s a Video Game Lawyer? (And How Can I Become One?)

    Ryan Morrison
    25 Jul 2014 | 5:30 am
    Why hello there, Internet. I am Ryan Morrison, and I am a video game lawyer. (I’ll wait for you to stop laughing.) Okay, now that you have composed yourself, let me assure you that video game law is, in fact, a thing. When people hear I do video game law, they usually are left looking confused, or quickly ask if they can join me, so I thought this article would be a good way of explaining my basic day-to-day, and what the mysterious video game lawyer title really entails. How Did I Get Here? I’ve been a gamer since I can remember, and I jumped at the chance to become part of the…
  • Air Boss: THE Road Warrior Worthy Bag

    Craig Huggart
    24 Jul 2014 | 6:29 am
    A couple of years ago a co-worker and I were discussing travel. I said, “I have to check baggage; I’ve got too much stuff to carry.” She said, “Look, if I can get away without checking baggage, so can you. I’m a girl.” She recommended the website: Since then my tune has changed to “it’s against my religion to check baggage.” One of the key components to my strategy is the best business travel bag: Air Boss from Red Oxx. What makes it so great? It fits in even the smallest overhead bins. Yes, it can be a tight squeeze but I’ve stuffed it into the smallest of…
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    Amazing Firms, Amazing Practices

  • Asking the Right Question

    18 Jul 2014 | 6:27 am
    In a recent Harvard Business Review blog post, journalist Warren Berger discusses the importance to effective leadership of asking the right questions – with the emphasis on the word “right.” “How you question is critical,” says Berger. “Questions can be great for engaging and motivating people, but they can just as easily be used to confront or blame, and can shift the mood from positive to negative.” By way of example, Berger  – author of A More Beautiful Question: The Power of Inquiry to Spark Breakthrough Ideas – offers five common questions that can get discussions off…
  • “Competitive Intelligence” and the Practice of Law

    3 Jul 2014 | 4:55 am
    The Legal Intelligencer has launched a series of articles that focus on “competitive intelligence” in the context of legal practice. The term “competitive intelligence” refers to the ways in which one company makes itself aware of what other companies in the same field (i.e., its “competitors”) are doing. This may include tracking their business practices, assessing their client bases and fields of practice, monitoring their promotion and marketing initiatives, and other tactics. The first installment in The Intelligencer series points out that competitive intelligence…
  • Where Evolutionary Technology Meets Your Legal Practice

    27 Jun 2014 | 4:23 am
    At first blush, you might ask what a bionic arm catching objects in mid-flight has to do with the practice of law. I assert: “Everything.” Who are the lawyers who represent these evolutionary products? Clearly, there will be lots of intellectual property involved, but I say that the list goes on. Here are just three legal areas that could relate to technological advances: Lobbying: Just like Google trying to get approval to put its driverless cars on the road, legislation may be required for many applications of a robotic arm. Liability: If these arms replace humans in various…
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    Innocence Blog

  • Winston-Salem Chronicle Calls for Justice in Howard Case

    25 Jul 2014 | 11:40 am
    An editorial in Thursday's Winston-Salem Chronicle called for justice in the case of Darryl Howard who has wrongly served 20 years in prison for a double murder and arson of which he is innocent. In May, Howard's convictions were overturned based on new DNA evidence and previously undisclosed evidence pointing to his innocence. The court found that prosecutor Mike Nifong, who was disbarred and held in contempt for his actions in the Duke Lacrosse case, violated Howard's constitutional rights by failing to turn over exculpatory evidence and for soliciting false and misleading testimony from…
  • Prade Continues Fight to Clear His Name

    25 Jul 2014 | 11:39 am
    A year and a half after Ohio Innocence Project client Douglas Prade was cleared of a 1997 murder based on new DNA results that excluded him as the source of critical crime scene evidence, he is stilling fighting to clear his name. Prade was an Akron police captain when he was convicted in 1998 of the murder of his ex-wife, Dr. Margo Prade, and sentenced to life in prison. The victim's body was discovered slumped behind the wheel of her car in her office parking lot. She was shot six times and had a bite mark on her arm. When DNA testing results proved inconclusive at trial, prosecutors' used…
  • Texas Man Never Claimed Innocence, but is Poised for Exoneration

    25 Jul 2014 | 8:00 am
    Thanks to the Dallas County District Attorney's Conviction Integrity Unit, a Dallas man is poised to become exonerated by DNA evidence without having ever asked for post-conviction testing. The unit, which is spearheaded by District Attorney Craig Watkins, tests DNA evidence from past cases even in cases where convicted defendants haven't proclaimed their innocence. USA Today reported that Michael Philips heard the life changing news in May when two police officers visited him at the nursing home where he resides to say prosecutors now knew he spent 12 years in prison for a rape he didn't…
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    Charon QC

  • Chameleon Copy – Bespoke web design and content

    Charon QC
    28 Jul 2014 | 7:23 am
    A very good friend, Natasha Phillips, has set up her own web design and content service and I am delighted to be able to give it a mention here! “Chameleon Copy offers bespoke website design and content, press releases, speeches, articles, and adverts for law firms, charities, government and beyond. No job is too big or too small, and we happily work in a wide range of sectors. Our rates are reasonable too, and we’ll ensure your project is completed on time, with compelling copy that does what you need it to. If you’d like to find out more, why not swing by our website, where…
  • Guest Post: Botched Work Still Commonplace in Cosmetic Surgery

    Charon QC
    28 Jul 2014 | 6:52 am
    Botched Work Still Commonplace in Cosmetic Surgery In the vast majority of cases, cosmetic surgery runs smoothly, but from time to time, negligence can be at work, with dire consequences for patients. Patients that are unhappy with the results of a cosmetic surgery claim may wish to take legal action. If they feel that their surgery didn’t discuss all possible outcomes, risks and dangers with them prior to surgery, they may well have a case. Patients may also be able to take action if they felt pressurised into undergoing the surgery by their surgeon or if they didn’t receive the right…
  • A little bit of Winston for you….a Great Briton!

    Charon QC
    28 Jul 2014 | 6:50 am
    One wanders how the course of World war II would have gone if Churchill’s private cigar stock had been destroyed when Dunhill was bombed during WW II. This is what Churchill had to say: “My rule of life prescribed as an absolutely sacred rite smoking cigars and also the drinking of alcohol before, after and if need be during all meals and in the intervals between them.”
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    UNDERDOG - Fairfax Criminal/DWI Attorney - Northern Virginia.

  • In persuading, remember that people are not always what they appear to be.

    23 Jul 2014 | 9:00 pm
    ByJon Katz, a criminal defense and DWI defense lawyer advocating in Fairfax County/Northern Virginia and beyond for the best possible results in drug, sex, DWI, felony and misdemeanor cases. How can we truly know others in a matter of hours, after they already have lived tens of thousands of hours of ups, downs, and middles? We can only intuit so much about what makes a person tick before spending years with them and their acquaintances, mining deeply into their story and experiences. Of course, people are ever-changing rivers, so when we try to get to know them…
  • Perverting your tax dollars- Federal prosecutors monitoring attorney-inmate emails.

    22 Jul 2014 | 9:00 pm
    By Jon Katz, a criminal defense and DWI defense lawyer advocating in Fairfax County/Northern Virginia and beyond for the best possible results in drug, sex, DWI, felony and misdemeanor cases. When my criminal defense client is incarcerated pretrial, that makes the attorney-client relationship and case preparation all the more a challenge. When my client is not incarcerated, we may freely talk, email, and meet at any time, unmonitored by anyone, with the exception that I warn my clients not to consider email to be confidential, because people snoop and hack into emails.
  • 8th Circuit follows 6th Circuit in denying 1st Amendment protection to morphing a child's face onto photo of an adult body in child pornography case.

    21 Jul 2014 | 9:00 pm
    By Jon Katz, a criminal defense and DWI defense lawyer advocating in Fairfax County/Northern Virginia and beyond for the best possible results in drug, sex, DWI, felony and misdemeanor cases. http://katzjustice.comIn 2011 and 2012, I blogged about an attorney who -- acting as an expert witness -- morphed a picture of a child's head onto a photo of an adult's body, creating what would have constituted child pornography had the entire photo been an image of a child. The lawyer got hit with a $300,000 civil fine as a result (likely far exceeding his expert witness fee), and is fortunate that the…
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    Chicago IP Litigation

  • Scheduling Delay Does Not Warrant Canceling the Deposition

    R. David Donoghue
    28 Jul 2014 | 3:09 am
    Cleversafe, Inc. v. Amplidata, Inc.No. 11 C 4890, Slip Op. (N.D. Ill. Jan. 11, 2014) (Cole, Mag. J.). Judge Cole denied plaintiff Cleversafe’s motion for a protective order and sanctions preventing the deposition of Cleversafe’s CEO.  The CEO was a critical witness — one of two listed on Cleversafe’s initial disclosures.  And defendant Amplidata’s alleged delay in scheduling it did not warrant sanctions.  Furthermore, Cleversafe could point to no harm for the delay.  In fact, the CEO had enjoyed the benefit of not having to prepare or sit for a deposition.
  • “Growing Trend” That Bit Torrent Doe Defendants Need Not be Time-Related

    R. David Donoghue
    25 Jul 2014 | 2:55 am
    TCYK, LLC, v. Does 1-44, No. 13 C 3825, Slip Op. (N.D. Ill. Feb. 20, 2014) (Dow J.). Judge Dow denied various Doe defendants’ motions to grant subpoenas to their respective ISPs in this BitTorrent copyright case involving the movie “The Company You Keep” with Robert Redford and Susan Sarandon.  Of particular note, the Court held as follows: Noting a split of authority, the Court went with the “growing trend” in the Northern District that Doe defendants need not have been members of its same BitTorrent swarm at the same time to be joined in a single suit.  It was enough that the…
  • Modifying the Innovation Act to Selectively Target the Patent Troll Problem

    R. David Donoghue
    22 Jul 2014 | 2:53 am
    The following is a blog post by Varun Shah, Aruba Network’s Director, Intellectual Property — full disclosure, I previously represented Aruba.  Shah has an interesting alternative patent reform proposal that seeks to target the patent troll problem.  It is interesting because it is under-inclusive.  On the one hand, that is less than ideal because it does not cover all trolls (or at least all entities that are arguably trolls).  On the other hand, it is intriguing because by being under-inclusive it minimizes the impact of the legislation outside of the troll world, which may…
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    Ohio Employer's Law Blog

  • “Unionism” as a protected class?

    Jon Hyman
    28 Jul 2014 | 4:12 am
    Way back in 2012, the New York Times published an op-ed titled, A Civil Right to Unionize, which argued that Title VII needs to be amended to include “the right to unionize” as a protected civil right. At the time, I argued that including “unionism” as a protected class was the worst idea ever. Apparently, at least one Congressman disagrees with me. MSNBC is reporting that later this week Rep. Keith Ellison (D-Minn) “plans to unveil legislation that would make unionization into a legally protected civil right,” on par with “race, color, sex, religion and national origin.” His…
  • WIRTW #329 (the “amicus” edition)

    Jon Hyman
    25 Jul 2014 | 4:39 am
    The ABA Journal has opened nominations for its annual list of the best legal blogs, known as the Blawg 100. I’ve been fortunate enough to be selected the past four years. The ABA Journal is soliciting opinions for whom to include this year. I’ve already submitted my list. Please take a few moments of your time and do the same. The nomination form is available here, and the deadline for nominations is August 8. Here’s the rest of what I read this week (and last week): Discrimination Real and Spectacular! A true Seinfeld-ian claim of sexual harassment — from Eric Meyer’s The Employer…
  • Customer preference and race discrimination—when the customer isn’t right

    Jon Hyman
    24 Jul 2014 | 4:30 am
    The EEOC has sued a Chicago auto parts retailer for race discrimination after it fired an African-American store manager. The store was located in a heavily Hispanic Chicago neighborhood. THe company decided to eliminate or limit the number of non-Hispanic employees working at the store, believing that its Hispanic customers preferred to interact with Hispanic employees. When the manager refused to report to another store, the EEOC claims he was fired. John Hendrickson, the EEOC’s regional attorney in Chicago, explains in a news release why the agency filed suit. Fifty years after the…
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    Privacy Law Blog

  • e-IDs: the Future of Secure Digital Identification?

    Courtney Bowman
    24 Jul 2014 | 3:50 pm
    Courtney BowmanOver the past decade, the EU has made significant technological and legal strides toward the widespread adoption of electronic identification cards.  An electronic ID card, or e-ID, serves as a form of secure identification for online transactions – in other words, it provides sufficient verification of an individual’s identity to allow that person to electronically sign and submit sensitive documents such as tax returns and voting ballots over the Internet.  Many people see e-IDs as the future of secure identification since they offer the potential to greatly facilitate…
  • One year of Data Protection Enforcement in France: what the CNIL’s Activity Report 2013 Reveals and what to expect in 2014

    Marianne Le Moullec
    9 Jul 2014 | 8:51 pm
    Marianne Le MoullecAccording to the French Data Protection Authority’s (“CNIL”) recently issued activity report for 2013 ( ), the CNIL was especially busy in 2013. The main topics addressed by the CNIL in 2013 were the creation of a national consumer credit database, the right to be forgotten, the right to refuse cookies, the proposed EU Regulation, and, of course, the revelations concerning the U.S. Prism program and the surveillance of European citizens’ personal data by foreign entities. The…
  • France Facilitates Implementation of Whistleblowing Systems

    Cecile Martin
    1 Jul 2014 | 6:47 am
    Cecile MartinIn France, before implementing a whistleblowing process, a company must inform and consult with its employees’ representatives, inform its employees and notify the French Data Protection Agency (CNIL). There are two possible ways to notify the CNIL of a whistleblowing system: request a formal authorization from the CNIL (this is quite burdensome and difficult to obtain), or opt for the standard whistleblowing authorization (AU-004). The standard whistleblowing authorization (AU-004) was enacted by the French Data Protection Agency in 2005 in order to facilitate notifying the…
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    Lawyers, Guns & Money

  • Open Comment on Comment Registration

    Robert Farley
    28 Jul 2014 | 6:03 am
    All, We’ve now completed a week-long comment registration trial.  This post should serve as an open thread for how this week has gone.  Note that I’m still processing a few password requests, so if you can’t register (and note that WordPress registration is different than LGM registration) please let me know (address on far right sidebar).  With respect to metrics, no noticeable change in traffic/usage, commenting down by about 30%. Best, Management
  • Public Disagreement Is Not Intimidation

    Scott Lemieux
    28 Jul 2014 | 5:20 am
    “This blog post made me look ridiculous!  And a Chief Justice of the United States cannot afford to be made to look ridiculous!” Not that I can blame Halbig defenders from wanting to create diversions from the argument on the merits, but really: Little did I know that within hours of the D.C. Circuit’s decision, Ezra Klein voxsplained how the Chief Justice would not rule in Halbig’s favor because horrible things would happen. Or did Ezra voxtimidate the Chief Justice Justice not to rule in Halbig’s favor because horrible things would happen… There is a blurred line…
  • The New Gilded Age

    Erik Loomis
    28 Jul 2014 | 5:12 am
    For the plutocrats, the real outrage is that income inequality hasn’t grown by more. Give it another 5 years: Economic inequality in the United States has been receiving a lot of attention. But it’s not merely an issue of the rich getting richer. The typical American household has been getting poorer, too. The inflation-adjusted net worth for the typical household was $87,992 in 2003. Ten years later, it was only $56,335, or a 36 percent decline, according to a study financed by the Russell Sage Foundation. Those are the figures for a household at the median point in the wealth…
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  • FERS & CSRS Disability Retirement from the U.S. Office of Personnel Management: Orchestration

    28 Jul 2014 | 3:25 am
    The quality of a piece of music is defined by sound and silence.  It is the former which is focused upon by most individuals; it is the importance of the latter which is ignored, precisely because the negation of X is never recognized as X until and unless its existence is suddenly lacking.  Silence -- that momentary pause which allows for sound to pass by in waves of sonorous beauty -- is the untouched beach combed by the lapping waves of quietude. The orchestration of combining each entrance of every instrument, at the precise moment, preceded by pauses of silence, and tapped by…
  • FERS & CSRS Disability Retirement from the U.S. Office of Personnel Management: The Flux

    26 Jul 2014 | 3:27 am
    Life must of necessity involve change; otherwise, the definition of its corollary occurs, or at a minimum, a deadened spirit. But the tripartite self-contradiction of life, death, and the security of habituated changelessness entraps us all: In youth, the excitement of constant flux energizes; in later life, the unwelcome changes and interruption of daily routine leads to turmoil; yet, as the negation of the mundane equals the non-existence of youthful energy, so the denial of needed change must of necessity result in a deadened soul. It is, of course, a concept which is often associated with…
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    Connecticut Employment Law Blog

  • Minimum Daily Earnings Guarantee (or Reporting Time) Already a Rule For Some Employers

    Daniel Schwartz
    25 Jul 2014 | 3:33 am
    Pizza workers may be covered. This week, one of Connecticut’s own, Representative Rosa DeLauro introduced the “Schedules That Work Act” bill in Congress.  It would ostensibly help part-time workers secure stable schedules. It would, among other things “ensure employees get two weeks notice about their work schedules, as well as extra pay to compensate for last minute changes”, as summed up by The New York Times. I’m not going to spend time detailing all the nuances of the bill because, well, it has virtually no chance at all of getting passed in the…
  • Quick Hits: EEOC Strikes Again, Desk Shenanigans, New Executive Order, Union Dues, Sharing Salary Info

    Daniel Schwartz
    24 Jul 2014 | 5:44 am
    Time for another installment of quick hits where I share a few stories that I had hoped to write further about and finally concede that, because of time limitations, I probably won’t. So, you settle a discrimination case with the EEOC.  You’re done, right? Well, not exactly, as this post from the Workplace Class Action Blog details. The strange-but-true story of the worker who learned that employees were having sex on her desk and claimed that it was sexual harassment.  The Employer Handbook picks up the story from there. The new Executive Order ordering federal contractors to…
  • What an Employment Lawyer Can Learn From Minecraft (or Not)

    Daniel Schwartz
    22 Jul 2014 | 6:18 am
    Over the last few years, my kids have started to get interested in this “thing” called a blog. “What do you write about?” Um, employment law issues, I’d reply. And then I’d say something about how I talk about things that happen at work. Recently, they asked if I had written about their passion.  (Disappointingly, when I said I had already written about the Yankees, they said that wasn’t what they were talking about.) No, they were talking about Minecraft. Which led me on down a strange path of asking myself why any self-respecting employment…
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    JD Supra Hot Docs - Newsworthy Legal Filings From the Source

  • City of Miami v JPMorgan Chase & Co.: JPMorgan Chase sued by the City of Miami for Violations of the Federal Fair Housing Act

    Barry Fagan
    28 Jul 2014 | 7:24 am
    Case Name: City of Miami v JPMorgan Chase & Co. Document Name: JPMorgan Chase sued by the City of Miami for Violations of the Federal Fair Housing Act Post Date: 07/28/2014 Filing Date: 07/28/2014 Document Summary: JPMorgan Chase & Co has been sued by the city of Miami, accusing the bank of predatory mortgage lending in minority neighborhoods that allegedly caused a wave of foreclosures during the last decade's housing crisis.The lawsuit, filed in federal court in Florida, said the country's largest bank engaged in a continuous practice of discriminatory mortgage lending…
  • Police Retirement Sys. V. Intuitive Surgical: Opinion

    Keker & Van Nest
    16 Jul 2014 | 3:49 pm
    Case Name: Police Retirement Sys. V. Intuitive Surgical Document Name: Opinion Post Date: 07/16/2014 Filing Date: 07/16/2014 Document Summary: Keker & Van Nest attorneys Michael Celio and Cody Harris have secured a complete vindication for Intuitive Surgical Inc., a leading manufacturer of cutting-edge robotic surgery devices, from an aggressive securities class action. The plaintiffs alleged Intuitive Surgical issued false and misleading statements regarding the company's financial results and prospects, when during the economic crisis of 2008, its financial results did not meet…
  • Whitby v. Chelsea Investment Corporation, et al: Class Action Complaint for Civil Rights Violations

    Melody A. Kramer
    16 Jul 2014 | 2:20 pm
    Case Name: Whitby v. Chelsea Investment Corporation, et al Document Name: Class Action Complaint for Civil Rights Violations Post Date: 07/16/2014 Filing Date: 07/09/2014 Document Summary: Tenants of Windwood Village Apartments, affordable housing for low-income families, has filed a class action lawsuit against Carlsbad, California-based Chelsea Investment Corporation, CIC Management, and affiliated companies alleging housing discrimination against families with children. Chelsea Investment Corporation has been identified as being among the top 50 affordable housing developers in the…
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    Special Education Law Blog

  • Weekly Question!

    Jim Gerl
    28 Jul 2014 | 6:01 am
    Procedural violations of IDEA are only actionable if they adversely impact the child's education or significantly impair the parents' participation rights. Which procedural violations are most likely to result in an adverse finding against a school district?------- Thanks for subscribing! Jim Gerl
  • ADA Is 24 Years Old

    Jim Gerl
    24 Jul 2014 | 1:05 pm
    This is the internationally recognized symbol for accessibility (Photo credit: Wikipedia)The Americans With Disabilities Act was signed into law twenty-four years ago this Saturday. If you are interested in suggestions on how to celebrate, here is an ADA Anniversary Toolkit. For more information about the ADA, see this post in the blog of the Council of Exceptional Children.Our friends at the U. S. Census Bureau have assembled some interesting numbers in honor of the data.  Here they are: On July 26, 1990, President George H.W. Bush signed the Americans with Disabilities Act, which…
  • Seattle Academy A Big Success

    Jim Gerl
    22 Jul 2014 | 9:14 am
    Pike Place Market in Seattle (Photo credit: Wikipedia)Last week was the annual Seattle U. Academy for IDEA hearing officers and administrative law judges. It was especially good this year. All those special ed hearing officers in one place is always good- a chance to compare notes, think about what works and get some validation. It is nice to see old friends and make some new ones.  My panel on decision writing led things off.  It easily filled three hours and it went very well. The participants were very involved and they gave helpful input.  Two colleagues offered sample…
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    Drug Injury Watch

  • AndroGel / Axiron / Testim: Heart Attacks, Strokes, And Other Cardiovascular Problems Will Be Subject Of FDA Advisory Panel Meeting In September 2014

    Tom Lamb
    18 Jul 2014 | 12:56 pm
    Health Canada Orders Label Change For Testosterone Drugs In July 2014: Must Warn About Increased Risks Of Side Effects Including Blood Clots, DVTs, PEs (Posted by Tom Lamb at safety issues concerning the popular testosterone replacement therapy (TRT) products AndroGel, Axiron, and Testim continue to be be debated with mixed decisions in different arenas. We will start with the FDA, which on July 17, 2014 issued this "September 17, 2014 Joint Meeting of the Bone, Reproductive and Urologic Drugs Advisory Committee and the Drug Safety and Risk Management Advisory…
  • When Someone Using Benicar Is Diagnosed With Celiac Disease They May Have, Instead, Developed Drug Induced Sprue-Like Enteropathy Or Intestinal Malabsorption

    Tom Lamb
    14 Jul 2014 | 2:39 pm
    This Severe Diarrhea Side Effect Is Caused By Olmesartan, Which Is Also Found In Azor, Tribenzor, And Benicar HCT Blood Pressure Medications (Posted by Tom Lamb at in May 2014 we made reference to this medical article, "A Review of Current Evidence of Olmesartan Medoxomil Mimicking Symptoms of Celiac Disease", published online by the Journal of Pharmacy Practice, in our post entitled Benicar (Olmesartan) Associated With Sprue-Like Enteropathy, Which Is A Chronic / Severe Diarrhea Condition That Can Be Misdiagnosed As Celiac Disease. More recently, in June 2014, on the…
  • Summer 2014 Update: Testosterone "Low-T" Drugs: New FDA Safety Warnings; Recent Medical Journal Article About Heart Risks Of Injectable TRT Products

    Tom Lamb
    7 Jul 2014 | 2:32 pm
    All Testosterone Therapy Drugs Need To Warn About Blood Clots Side Effects Like DVT And PE; Older Depo-Testosterone Product May Be Safer Than New Gels Such As AndroGel And Testim (Posted by Tom Lamb at the first part of this summer there has been a flurry of drug-safety activity as regards the popular testosterone replacement therapy (TRT) products like Axiron, AndroGel, Testim, and Depo-Testosterone. We will start with two recent FDA developments: 1.  Testosterone: Drug Information Update- FDA adding general warning to testosterone products about potential for…
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    Bankruptcy Home Blog

  • Will I have to pay for bankruptcy up front?

    21 Jul 2014 | 12:05 pm
    Visit for the original content posted here, Will I have to pay for bankruptcy up front? If you are considering filing bankruptcy it is likely you are facing a financial crisis. The thought of paying hundreds of additional dollars to hire a bankruptcy lawyer may seem impossible. Recently on our bankruptcy forum a user asked, “If … Continue reading →
  • How do I find out all the debts I owe?

    16 Jul 2014 | 7:16 am
    Visit for the original content posted here, How do I find out all the debts I owe? If you are facing a financial crisis the first step is to admit you have a problem. Next, you will need to organize your finances and determine how much money you owe. Recently on our legal forum a user asked, … Continue reading →
  • What common mistakes can lower my credit score?

    7 Jul 2014 | 1:06 pm
    Visit for the original content posted here, What common mistakes can lower my credit score? Credit scores are used to help lenders assess the risk of lending money. A credit score is supposed to determine a consumer’s likelihood to repay a loan or credit line based on their past credit history and current credit status. … Continue reading →
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    Asbestos HUB

  • July 2014: Texas Supreme Court Expands Substantial-Factor Standard Of Causation Rule From Borg-Warner Corp. v. Flores To Mesothelioma Cases

    Tom Lamb
    17 Jul 2014 | 1:59 pm
    In mid-July 2014, in the case Bostic v. Georgia-Pacific Corp., the Texas Supreme Court held that the Plaintiff failed to prove that Timothy Bostic’s exposure to Georgia-Pacific’s asbestos-containing products was a substantial factor in bringing about his fatal mesothelioma. In more detail, the Court stated: In multiple-exposure cases the Plaintiff must establish the measured “dose” of asbestos fibers to which the mesothelioma victim was exposed by his working with and/or around the Defendant’s asbestos-containing product; A Plaintiff cannot prove substantial-factor standard…
  • Asbestos Defendant Garlock Misled Court During Bankruptcy Estimation Trial According To June 2014 Motion Filed By Asbestos Claimants’ Counsel

    Tom Lamb
    10 Jul 2014 | 1:23 pm
    In early January 2014 Judge George R. Hodges of the U.S. Bankruptcy Court for the Western District of North Carolina made a controversial ruling that Garlock Sealing Technologies LLC’s liability for present and future asbestos-mesothelioma legal claims is $125 million.  This was far less than the $1 billion that had been asserted by the asbestos claimants’ counsel during the proceeding. In re Garlock Sealing Techs., No. 10-31607 (Bankr. W.D.N.C. Jan. 10, 2014) Last month, however, lawyers for those asbestos claimants filed a motion to reopen that so-called “bankruptcy…
  • “No Safe Use”: A Tremendous Piece Of Interactive Journalism About The Terrible Asbestos-Mesothelioma Problem

    Tom Lamb
    2 Jul 2014 | 2:24 pm
    I highly recommend that anyone with an interest in learning more about asbestos and asbestos-related diseases — the tragic asbestos cancer mesothelioma in particular — take some time to visit this site: “No Safe Use” (Copyright 2014 The Globe and Mail Inc. All Rights). It starts with a haunting picture of John Nolan, age 67, blinking his eyes, and this interactive site allows you the option of listening to Mr. Nolan tell the story of his battle with mesothelioma, a cancer caused by exposure to asbestos. Thereafter, you will find this seven-part journalistic report…
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    Dallas Criminal Defense Lawyer Blog

  • The police never read me my rights!

    Robert Guest
    27 Jul 2014 | 9:04 am
    First, you should understand what your rights are, and then we can discuss why the police did not read them to you. You do not have to wait for Miranda warnings to remain silent or ask for a lawyer! In Texas you only have to ID yourself if you are detained. If you are driving you have to provide proof of insurance. Beyond that you can remain silent, ask for a lawyer, refuse to answer any questions and ask “am I free to go” and “am I being detained?” If you want to say something say “I choose to remain silent until I can speak with a lawyer.” You do not have…
  • A Detective called and wants me to come in for an interview, what should I do?

    Robert Guest
    26 Jul 2014 | 9:21 am
    So a detective has called you up and invited you down to the local police sheriff’s department for an interview? When you arrive they will tell you that you are free to go at any time, and that they just want to get your side of the story. THIS IS A TRAP. Here’s how it works. First, they only tell that you are free to go so they do not have to Mirandize you. You have to be under arrest and/or in custody for your Miranda warnings to apply. By telling you that you are free to go, they can ask whatever they want without telling you about your right to remain silent, or right to end…
  • Texas Lawyers- Volunteers needed to help refugee children

    Robert Guest
    25 Jul 2014 | 3:34 pm
    The State Bar of Texas has rolled out a program to help the refugee children in Texas and volunteer attorneys are needed.  Here are details on the upcoming training seminars in Dallas, there are also events in Houston and San Antonio. Here is the form you can fill out to volunteer, or attend a training seminar. Wednesday, July 30: Informational session: “Unaccompanied Refugee Minors & Humanitarian Crisis at the Border: What’s Going On and What Can Attorneys Do?” 6-7 p.m., Belo Mansion, 2101 Ross Ave., Dallas, 75201. RSVP to Alicia Hernandez at Sponsored…
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    Law is Cool

  • Can we balance work and our personal life?

    Paralegal Student
    13 Jul 2014 | 6:44 pm
    By: Hilary Bowser It can be extremely difficult to work in the field of law and make time for our family and friends. Many believe that to be successful in our careers we must make sacrifices in our personal life. Is there truly a way to balance work life and the rest of our life? In the article “The Tyranny of Performance ” by Allison Wolf , it is outlined that to help improve the balance between work and our family is all about learning. If we are learning new information through all of our daily interactions we can…
  • The Struggle to Juggle.

    Paralegal Student
    9 Jul 2014 | 4:06 pm
    by Stephanie Hannah If you’re like me, you’re passionate about having a career that challenges you and a family to share all of life’s accomplishments with. But, is there really an opportunity for both? More and more commonly individuals are experiencing difficulty being able to juggle both a demanding career and a growing family. It’s no surprise then that individual’s in the legal profession are experiencing the struggle. I’m currently a second semester paralegal student, and already I’ve learned the importance of time management and the value of time. While the general…
  • A Balanced Life: Reality or Illusion?

    Paralegal Student
    23 Jun 2014 | 2:56 am
    By George McLaren You must have heard the clichés repeated many times over. “There’s no rest for the wicked, (or the righteous, for that matter),” depending on the degree of fondness ascribed to the subject. Or perhaps, “Time is money”. Still, another says, “No romance without finance”. My personal favourite goes something like this: “Life is hard, and then you die”. Looking beyond the ominous forecasts of doom which is common to these clichés, an identifiable theme arises which holds some semblance of truth. The common thread seems to indicate that although financial…
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    Real Lawyers Have Blogs

  • Top 10 in Law Blogs: Moms-to-be at work, cookie consent and is Facebook evil?

    Anna Gallegos
    25 Jul 2014 | 5:00 pm
    TGIF! It seems like pregnant women at work has been the topic of the week with the EEOC issuing new guidance on pregnancy discrimination. That kicks off today’s Top 10.  Total posts on the LexBlog Network today: 180.  Dear Employers: We Have to Stop Sticking It to Pregnant Moms and Expectant Dads – Jeff Nowak for his blog, FMLA Insights.  Top 10 NLRB Issues to Monitor for the Rest of the Year – McKenna Long & Aldridge’s Labor Relations Today.  The Dangers of Prepackaged Wills and Trusts – Tom Bolt in for the Virgin Island Law Blog.  Big Talk After a…
  • Want blog posts shared on social? Design for mobile users

    Kevin O'Keefe
    25 Jul 2014 | 4:17 pm
    If you are looking to have your blog posts shared on social media, you best provide mobile viewers an exceptional user experience. A new Forrester survey of 37,000 consumers found that mobile users are more likely to share a branded post than desktop users. While 28% of desktop users share branded posts that rises to 40% of tablet users and 36% of smartphone users. In addition, almost half (49%) of tablet and 46% of smartphone users engage with corporate content via likes, shares or comments, compared with just 37% of desktop social users. Helen Leggatt (@eBizReporter), my source for the…
  • Top 10 in Law Blogs: Fashionable data, craft beers and the FMLA

    Anna Gallegos
    24 Jul 2014 | 4:50 pm
    LexBlog Network bloggers are still going strong in commenting about the Halbig v. Burwell and the King v. Burwell decisions, and what they means for the future of the Affordable Care Act. Total posts on the LexBlog Network today: 160. Beware of Potential Problems in Purchasing Less Than 100% of a Business - Connecticut lawyer Craig Sylvester of Reid & Riege for M&A Deals Insider. The Coolest-Looking Federally Registered Canned Craft BeersTrademarkology’s Randy Michels, a member of Stites & Harbinson. This Little Piggy Went to the Trademark Office … – Tim…
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    Digital Media Law

  • How Do We Know Driverless Cars Are Safe? Google Says ‘Trust Us’

    1 Jul 2014 | 4:19 pm
    Driverless cars are on the road now – Google’s fleet has logged about 700,000 miles of autonomous driving – and the California DMV will be issuing regulations in a matter of weeks allowing self-driving cars to be sold to the public, possibly setting the regulatory pattern for the rest of the country (video). Google has predicted 2017 for first commercial availability, while Nissan and Mercedes say it will be 2020. The cars are highly complex systems whose sheer quantity of software surely exceeds the hundred million lines of source code in today’s non-autonomous vehicles. They weigh…
  • 2030 May Be The Year They’ll Take Your Driver's License Away

    18 Jun 2014 | 6:34 pm
    I was stuck in traffic yesterday, which I didn’t really mind because I have a fun little yellow convertible, and I was thinking about Uber ($17 billion! – that’s the company’s valuation, not the price of a ride) and Google’s driverless cars (development cost unknown), and I decided it was time to connect the dots: once a car learns to drive, there’s no need to own it and there’s no need for a driver. That’s because the car can come when called, take you to your destination, then go off and pick up someone else. That sounds great and I’m hardly the first to connect those…
  • New Website --

    20 Apr 2014 | 11:13 am
    My new website is up at It tells everything you always wanted to know (and more!) about my background and entertainment/technology law practice. Give it a look!Check out “The New Zealand Hobbit Crisis,” available on Amazon in paperback, Kindle and audiobook. Visit my website (, follow me on Twitter or friend me on Facebook or LinkedIn. If you work in tech, take a look at my book How to Write LOIs and Term Sheets. 
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    Securities Docket

  • Securities Docket News Wire for July 26, 2014

    Securities Docket
    27 Jul 2014 | 5:55 am
    SEC Enforcement Officer Dishes on the FCPA: More Cases Coming; Cooperation Sought — Bloomberg BNA -> Taking Stock of Four Years of Dodd-Frank – ->
  • SEC Enforcement Officer Dishes on the FCPA: More Cases Coming; Cooperation Sought — Bloomberg BNA

    Securities Docket
    26 Jul 2014 | 8:51 am
    The Securities and Exchange Commission has a number of Foreign Corrupt Practices Act cases in the pipeline, Kara Brockmeyer, chief of the SEC Enforcement Division’s FCPA unit, said July 10. In an interview, she told Bloomberg BNA that some of these cases “absolutely” will be brought in the agency’s administrative forum. Cases will include individuals, not just corporations, as respondents or defendants. via SEC Enforcement Officer Dishes on the FCPA: More Cases Coming; Cooperation Sought — Bloomberg BNA
  • Securities Docket News Wire for July 25, 2014

    Securities Docket
    26 Jul 2014 | 5:55 am
    As bribery case continues, CalPERS reaps profits from tainted investments — Sac Bee -> Madoff Five Face Sentencing as U.S. Calls Denials Galling – Businessweek -> SEC Discusses Hypothetical Ackman Allergan Deal In Congress — ValueWalk -> Spencer Barasch Poised to Leave Andrews Kurth | The American Lawyer ->
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    HealthBlawg :: David Harlow's Health Care Law Blog

  • #FDAsm - FDA Releases Draft Social Media Guidance Five Years After Public Hearing

    David Harlow
    24 Jul 2014 | 11:17 am
    We've Moved! Update your Reader Now. This feed has moved to: Update your reader now with this changed subscription address to get your latest updates from us.
  • FDA Social Media Guidance - Hangout on Air

    David Harlow
    22 Jul 2014 | 2:11 pm
    We've Moved! Update your Reader Now. This feed has moved to: Update your reader now with this changed subscription address to get your latest updates from us.
  • Health Information Exchange: Meaningful Consent

    David Harlow
    17 Jul 2014 | 11:10 am
    We've Moved! Update your Reader Now. This feed has moved to: Update your reader now with this changed subscription address to get your latest updates from us.
  • Health Care Online Marketing, Social Media and HIPAA - Google Hangout on Air

    David Harlow
    16 Jul 2014 | 8:41 am
    We've Moved! Update your Reader Now. This feed has moved to: Update your reader now with this changed subscription address to get your latest updates from us.
  • Consumer Generated Data: Your "Data Exhaust"

    David Harlow
    16 Jul 2014 | 8:37 am
    We've Moved! Update your Reader Now. This feed has moved to: Update your reader now with this changed subscription address to get your latest updates from us.
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    Furniture Law Blog

  • Amini Sues Yuan Tai Enterprises - Again

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

    27 Apr 2014 | 3:13 am
    Guest Authored by David BoazRecently, a joint legislative committee sent a report to the North Carolina General Assembly that recommended passing an anti-troll bill during the legislature’s 2014 Short Session.  A copy of the bill may be found here. The proposed bill, titled “Patent Abuse Bill,” would create a civil and criminal cause of action aimed at preventing bad faith assertions of patent infringement. The bill also make it extortion to obtain or attempt to obtain property through a bad faith assertion of patent infringement. Extortion is a Class F felony under North Carolina…
  • Michael Sullivan to Speak on Regulatory & Compliance Issues for Furniture Industry

    26 Mar 2014 | 1:27 pm
    HIGH POINT, N.C.—Womble Carlyle Mass Torts attorney Michael Sullivan will discuss “Compliance to the Letter of the Law” at the Furniture Today 2014 Regulatory & Compliance Summit. The event takes place April 23rdon the campus of High Point University.In his presentation, Sullivan will share steps that home furnishings companies should take now to demonstrate their commitment to safe products and a safe workplace. He also will discuss regulations, industry standards and warnings, with an emphasis on identifying what is truly important.Clients turn to Michael Sullivan for senior-level…
  • Federal Circuit Clarifies Test for Obviousness of Design Patents

    2 Oct 2013 | 10:35 am
    Who gets to decide when a design patent is obvious? There was some confusion on that topic until the Federal Circuit handed down its opinion in High Point Designs LLV v. Buyers Direct, Inc., No. 2012-1455 (Fed. Cir. Sept. 11, 2013) (a copy of the opinion can be found here).In the opinion, the panel of Judges O'Malley, Schall, and Wallach confirmed that the obviousness of a design patent is to be determined through the eyes of an "ordinary designer," not an "ordinary observer." What's the difference? A big one actually. The ordinary design test requires the court to engage in a more…
  • Copyright + Trade Dress = Solid Combination For Furniture Manufacturers

    17 Sep 2013 | 7:38 pm
    Furniture manufacturers have a varied arsenal when it comes to protecting their intellectual property. A single item of furniture can be protected by a utility patent (assuming there is functionality), design patent, copyright, and trade dress. If the item or its collection has a name, trademark rights may be available too. Even though there are many tools, the copyright and trade dress combination is a dependable pairing that provides a formidable offense.Amini Innovation Corporation ("AICO") recently deployed this one-two punch against McFerran Home Furnishings. See Civil Action No.
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    P.I.S.S.D. -- Personal Injury, Social Security Disability. Dallas Texas Lawyers

  • Five Differences between a Brain Injury Lawsuit and Other Injury Lawsuits

    Bob Kraft
    28 Jul 2014 | 7:37 am
    Brain injuries can occur in sports injuries, falls, auto collisions and work accidents. Lawsuits involving brain injuries are more complex than other cases because the injury is much more complicated. Consequences can be both subtle and far-reaching. Attorneys who specialize in brain injury cases understand the factors that can influence the outcome of a case. 1.     Brain Injuries Aren’t Always Visible A head injury can occur even though there is no obvious wound, such as penetration of the brain case or crack in the skull. The brain is composed of soft tissue suspended in liquid…
  • Friday Fun

    Bob Kraft
    25 Jul 2014 | 3:15 am
    I have written before about a cool underground auto parking garage. Now here’s the same idea from Japan, but this time it’s automated parking for bicycles.
  • Trampolines Are Too Dangerous, Say Pediatricians

    Bob Kraft
    24 Jul 2014 | 7:28 am
    I’ve always liked trampolines. I had a lot of fun with them when I was a teenager. I even took a college PE class that was just trampoline-jumping. What a strange class, right? The teacher was a former Baylor cheerleader (male, darn it). When we weren’t doing flips and things, we all stood around the trampoline to catch the guys who messed up and came flying toward the hardwood floor of the gym. Of course when a big guy came hurtling toward us, we sometimes just let him hit the ground rather than risk injury by trying to catch him. I still feel bad about that… Anyway, I know…
  • After the Fact: How to Respond when Someone Sues You Long After Your Involvement in a Car Accident

    Bob Kraft
    23 Jul 2014 | 11:42 am
      Photo credit: It’s every driver’s worst nightmare: months or even years after a car accident, you receive a letter in the mail informing you that you are being sued for damages or injuries. Don’t panic; as the defendant, the legal system will generally work in your favor. The first step to handling this situation properly is to contact your insurance company. As frustrating as it is to be in this situation, the key to winning this type of case is to proceed carefully and gather important information that will help you come out on top. Read on to learn a few…
  • Women Seek Support From Texas in Battle Over Pelvic Mesh Implants

    Bob Kraft
    23 Jul 2014 | 7:26 am
    The Texas Tribune, in partnership with Kaiser Health News, covers the controversy surrounding use of pelvic mesh implants by women, noting that in Texas, “a coalition of ‘pelvic mesh survivors’ has asked Texas Attorney General Greg Abbott, who is also the state’s Republican nominee for governor, to pursue legal action against Johnson & Johnson, one of the largest implant makers.” The paper noted that Texas women have also filed numerous lawsuits against mesh manufacturers in Federal courts across the US. The women allege the pelvic mesh implants were associated with “severe…
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    Marquette University Law School Faculty Blog

  • US Supreme Court Review: Bond v. United States

    Ryan Scoville
    25 Jul 2014 | 1:20 pm
    (This is another post in our series, Looking Back at the U.S. Supreme Court’s 2013 Term.) Continuing with this blog’s coverage of the recently concluded Supreme Court term, I’ll offer a few thoughts on the decision in Bond v. United States, which addressed a challenge to a statute that Congress passed in 1998 to implement the Chemical Weapons Convention (“CWC”). Most have heard about the underlying facts: After finding out that her husband was the father of her best friend’s soon-to-be-born child, Carol Anne Bond tried to poison the friend with 10-chloro-10H-phenoxarsine and…
  • Two-Thirds of Wisconsinites Support More Flexibility for Prisoner Releases

    Michael M. O'Hear
    24 Jul 2014 | 9:21 am
    In 1998, Wisconsin adopted what may have been the nation’s most rigid truth-in-sentencing law, eliminating parole across the board and declining to put into place any alternative system of back-end release flexibility, such as credits for good behavior in prison.  Subsequent reforms to this system have been either short-lived or very modest in scope.  However, new results from the Marquette Law School Poll confirm and strengthen findings from other recent surveys that Wisconsin residents would actually welcome a more flexible system. As I noted in an earlier post, the Law School Poll…
  • The Rest of the Story

    Mike Gousha
    23 Jul 2014 | 2:59 pm
    The story will be the horse race. It always is. Governor Walker and likely Democratic challenger Mary Burke are in a dead heat.  But there are a couple of interesting subplots in the latest numbers from the Marquette Law School Poll. Like many Democratic candidates, Burke fares especially well with younger voters, and with those who are single (never married, widowed, or divorced).  Governor Walker, the Republican, scores best with those who are middle-age and married.  This is essentially the same voter behavior we saw in the 2012 presidential election.  But in a non-presidential year,…
  • So What Do You Think of Mary Burke?

    Alan J. Borsuk
    23 Jul 2014 | 2:48 pm
    On one level, the results released Wednesday of a fresh round of the Marquette Law School Poll did not contain much new. As Charles Franklin, professor of law and public and policy and director of the poll,  said frequently during the “On the Issues with Mike Gousha” event at which results were presented, there was not much that was statistically different from the poll two months ago. The big headline – and it did, indeed, make big headlines – was that Republican Gov. Scott Walker and Democratic challenger Mary Burke are essentially tied. That was the central result of the May poll…
  • Marquette University Law School and World War II

    J. Gordon Hylton
    23 Jul 2014 | 12:53 pm
    As I have described elsewhere on this blog, Marquette Law School Dean Francis X. Swietlik played a prominent role in public affairs during the Second World War, primarily because of his leadership role in the American Polish Community. As the leader of the “Chicago Poles,” as Midwesterners of Polish descent were known, Swietlik advised President Franklin Roosevelt on Polish issues and was a national spokesman for the cause of his ancestral country — Swietlik had been born in Milwaukee in 1899 — which had been dismembered in 1939 by Nazi Germany and the Soviet Union. However, the war…
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    Green Building Law Update

  • Lawsuit Over LEED Documentation

    Stuart Kaplow
    27 Jul 2014 | 1:48 pm
    A case filed last week in a California court is a prime example of the importance of contract documents in a LEED project. Earlier this year the City of Palo Alto gave notice firing Flintco Pacific, Inc., the general contractor responsible for construction of the Mitchell Park library, a proposed LEED Platinum project. With a performance bond in place, the City and the surety announced in early March that they has negotiated a takeover agreement that will allow a new contractor to complete construction.  But the current dispute playing out in letters between counsel for Palo Alto and…
  • Lawyers' Opinions in Green Building Transactions

    Stuart Kaplow
    7 Jul 2014 | 4:20 pm
    We are increasingly called upon to give legal opinions that a green building is LEED certified, ‘certifiable’ or otherwise really a green building. The purpose of a legal opinion given in a commercial real estate transaction is, most simply put, to provide the recipient of the lawyer’s writing with comfort regarding specified aspects of the transaction.  One might ask why they need an opinion from a lawyer that their building is green? The best response is because in many instances their lender requires it. While legal opinions are given in a variety of commercial…
  • E-Cigarettes will be Prohibited in Future LEED Buildings

    Stuart Kaplow
    2 Jul 2014 | 9:40 pm
    On July 1st the U.S. Green Building Council released a change to LEED classifying electronic cigarettes as a form of tobacco smoking for the purposes of the smoking prohibitions of the LEED Environmental Quality Prerequisite 2, Environmental Tobacco Smoke (ETS) Control, which is also applicable to LEED v4.  Project teams must follow rating system addenda posted before their project’s registration date. Addenda are often substantive changes to LEED content including corrections, interpretations and alternative compliance paths that may substantively change the way a given…
  • Baltimore City is Adopting the IgCC

    Stuart Kaplow
    22 Jun 2014 | 12:33 pm
    This evening an ordinance will be introduced in the Baltimore City Council for the purpose of adopting the International Green Construction Code.  The IgCC will be adopted as an overlay in conjunction with existing building, fire and related codes and will apply when a permit is required, except the new green code will not apply to: 1 or 2 family dwellings, multiple family dwellings that contain no more than 5 units, a structure that is LEED Silver certified or higher, or a structure that is ASHRAE 189.1 compliant.   It is necessary to appreciate that Baltimore City was an…
  • Ohio Law Rolls Back Unwise Renewable Portfolio Standards

    Stuart Kaplow
    15 Jun 2014 | 8:34 pm
    Last Friday, Ohio Governor John Kasich signed Senate Bill 310 freezing the state’s renewable energy portfolio and energy efficiency requirements at 2014 levels.  Environmental activists decried the new state law by evoking apocalyptic fears of ecological collapse while characterizing renewable portfolio standards as just the type of collective sacrifice needed to avoid the end of the world. Average Ohio citizens made it clear they wanted no part of the increased monthly utility bills that Toledo Edison said would rise from $54 today to $241, if no changes were made in the 2008…
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    California Employment Law Report

  • Friday's Five: Five California Labor Code provisions employees cannot waive

    Anthony Zaller
    25 Jul 2014 | 8:35 am
    Here is a list of five rights provided to employees under the California Labor Code that the employee may not waive by agreement with an employer. 1. Minimum wage Labor Code Section 1194 provides a private right of action to enforce violations of minimum wage and overtime laws. That statute clearly voids any agreement between an employer and employee to work for less than minimum wage or not to receive overtime. 2. Overtime In Gentry v. Superior Court, the Supreme Court explained: [Labor Code] Section 510 provides that nonexempt employees will be paid one and one-half their wages for hours…
  • Friday's Five: Five legal pitfalls startup companies cannot make

    Anthony Zaller
    18 Jul 2014 | 6:33 pm
    1. Classifying all employees as independent contractors To qualify as an independent contractor, the employer has the burden of proof to establish that the worker is actually an independent contractor and not an employee. I’ve discussed the parameter of this “economic realities” test here.  In addition to owing unpaid minimum wages and potential unpaid overtime, the employer also faces steep penalties for misclassifying independent contractors. 2. Treating all employees as exempt employees and not paying overtime. An employee cannot agree to work without being paid…
  • Procedures to follow in investigating sexual harassment claims

    Anthony Zaller
    17 Jul 2014 | 7:33 pm
  • Friday's Five: Five rules every California employer should know about providing final wages to employees

    Anthony Zaller
    11 Jul 2014 | 7:31 pm
    This Friday's Five is coming out a little late in the day, but as they say, better late....  I've been fielding a lot of questions about final wage payment requirements.  So here are five rules every employer should know about providing final wages to employees: An employee who is discharged must be paid all of his or her wages, including accrued vacation, immediately at the time of termination. An employee who gives at least 72 hours prior notice of quitting, and quits on the day given in the notice, must be paid all earned wages, including accrued vacation, at the time of…
  • Complying With California's Minimum Wage Increase

    Anthony Zaller
    30 Jun 2014 | 7:49 am
    Here is a short video regarding some items California employers should consider about the minimum wage increase taking effect July 1, 2014.  For more information about the minimum wage increase: Five issues California employers should review before the minimum wage increases July 1, 2014
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    The Rainmaker Blog

  • Tips on Creating Press Releases Reporters Will Use

    Stephen Fairley
    25 Jul 2014 | 2:28 pm
    Business communications firm Greentarget has just released the results of interviews with 100 news reporters and editors in their 2014 Disrupting the Press Release report, and it’s clear what journalists want from firms seeking the news spotlight:  just the facts. The core findings from this report underscore the need for communicators to understand that journalists want only the vital information, and they want it immediately apparent.  Don’t make them wade through a bunch of legal jargon, boilerplate text or self-serving quotes that sound like no human would ever speak…
  • On Social Media, Listening is the New Lead Generation

    Stephen Fairley
    24 Jul 2014 | 3:43 pm
    Do you know what a lead looks like these days?  I am not talking about a traditional lead, like a referral, a phone call or an email.  I’m talking about how to identify lead opportunities on social media. If you are frequenting social media sites and participating as you should, you need to become attuned for lead opportunities.  People use social media a lot these days to air their problems or grievances -- problems you may be especially qualified to help with.  People post when they have a car accident.  They post about family problems.  They post about…
  • Writing Guidelines to Help Improve Your Search Ranking

    Stephen Fairley
    23 Jul 2014 | 3:07 pm
    Rumor has it that SEO is dead.  I suppose you could say the old way of doing SEO is most certainly guaranteed not to work -- no more keyword stuffing or irrelevant content, which will likely get you tossed to the bottom of search results instead of where you want to be, which is on the first page. However, I would say that the death knell for SEO is a bit premature if you define it the way we do:  being smart about how you develop your content so that it is naturally attractive to search engines because it is attractive to the people searching for your area of expertise. Earlier…
  • 5 Steps to Higher Client Retention Rates

    Stephen Fairley
    22 Jul 2014 | 3:23 pm
    Landing new clients is only the beginning of a harder task: keeping them. Now the real work begins as you find a ways to keep those clients you have worked so hard to get.  Along with new clients comes the inherent need for more time to spend on their cases. Now the problem is not enough new clients but work flow and time management to handle them all. With such a limited schedule, how do you keep them happy so they don't run off and hire your competition?   Here are five steps to take for better client retention: 1. Take some action on the case immediately. As soon as the…
  • National Trial Lawyers Free Webinar July 24: Generating New Clients for PI Law Firms

    Stephen Fairley
    21 Jul 2014 | 3:12 pm
    If you’re a personal injury attorney, you know that your chosen field of practice is one of the most competitive on the planet.  Many PI attorneys spend thousands of dollars every year to generate leads with varying degrees of success. When you are competing against hundreds of other PI attorneys, you don’t have an extra cent to waste.  Which is why the National Trial Lawyers is presenting a free seminar to its membership on Thursday, July 24 at noon PT/3 p.m. ET on Generating New Clients for a Personal Injury Law Firm. Join me and The Law Blog Guru Larry Bodine to…
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    Defending People

  • Stupid Lawyer-Email Disclaimer

    Mark Bennett
    17 Jul 2014 | 5:42 pm
    I noticed this at the bottom of an email from a lawyer on a First Amendment civil case (he’s suing, I’m defending): NOTICE OF DISCLAIMERS & CONTRACTUAL AGREEMENT NOT TO REMOVE DISCLAIMERS: This communication and any files or attachments transmitted with it are confidential, may be legally privileged, and are intended solely for the use of the individual or entity to which they are addressed. Because this type of communication may not be secure, can be made spontaneously, and/or is frequently treated informally, I do not accept any responsibility or duty (other than that owned…
  • Programming Note

    Mark Bennett
    17 Jul 2014 | 10:30 am
    The original version of this post included two lawyers who had cried “victim.” I identified neither; only a very small group (six people) knew who both were; those six already knew my opinion. While I had not identified him and had explicitly disclaimed calling him a sociopath (he has mental-health problems, but they undisputably do not include a lack of conscience), one of them recognized himself and incorrectly concluded that I was calling him a sociopath. When he nagged me about it, in the interest of peace I very reluctantly took the unprecedented step of removing the…
  • Victimocracy is for Sociopaths

    Mark Bennett
    25 Jun 2014 | 3:44 pm
    After reading Martha Stout’s 2006 The Sociopath Next Door recently I’ve been thinking a great deal about sociopaths. Stout contends that four percent of the U.S. population are sociopaths, people without conscience, which Stout describes as “an intervening sense of obligation based in our emotional attachment to others.” Here‘s a snippet from Stout’s book describing some of the positions that sociopaths might enjoy, including this: But you do enjoy jobs that afford you a certain undersupervised control over a few individuals or small groups, preferably…
  • Another Bad Texas Statute

    Mark Bennett
    12 Jun 2014 | 5:45 pm
    I had filed a pretrial writ of habeas corpus challenging Texas’s Online Impersonation statute on First Amendment grounds. The prosecutor agreed with me off the record, dismissed the case, and instead filed a (less serious) Fraudulent Use of Identifying Information charge. Also, the Harris County DA’s Office flagged the Online Impersonation statute in its charge bank as “possibly unconstitutional.” What is wrong with these people? Doesn’t Devon Anderson have an obligation to defend Texas’s penal statutes against constitutional attacks? Do I have to notify…
  • Karenev Starts to Crumble

    Mark Bennett
    5 Jun 2014 | 9:03 am
    Harris County Assistant PD Nick Hughes had a huge win in the First Court of Appeals on Schuster v. State. Mr. Schuster had pled guilty to online solicitation of a minor by explicit communication, enhanced with prior felony convictions, and been sentenced to forty years in prison while Ex Parte Lo was pending. Hughes appealed, arguing that the online-solicitation-by-explicit-communication statute was unconstitutional (the issue in Lo). The State argued (as in this hypothetical) that the Court of Criminal Appeals’ decision in Karenev v. State barred relief. Karenev held that the right not…
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    a public defender

  • On lethal injections: academia vs. reality

    28 Jul 2014 | 6:31 am
    The Wood botched execution in Arizona and others elsewhere have shocked many and rightly so. But it’s also opened up an interesting debate in the legal world. On the one hand, you have academics arguing the academia and the technicalities of the law and the meaning of words and on the other, you have former lawyers turned professors who are arguing that, really, what we should do is avoid torturous executions. The latter is a post at the ACS blog which I’d recommend that you read in its entirety. It is long and technical, but it really is worth reading to understand why the…
  • Waiver by budget cut

    23 Jul 2014 | 5:59 am
    You’ve just been arrested by the Federal Government and you’re shuttled off to a prison in a remote location, hours away from your home and your state. You are adamant that you’re innocent and you have lots and lots of thoughts about how the Government is persecuting you. You sit down to write these thoughts with pen and paper, but then the counselor who supervises you tells you that you can access email! Email! The modern pen and paper; the standard mode of written communication in this day and age. You are delighted because your penmanship is atrocious and because it would…
  • Conviction integrity starts with prosecutors

    16 Jul 2014 | 4:52 pm
    I had to double check1 to make sure I wasn’t reading an article in The Onion a few weeks ago when, apparently without irony, the Chief State’s Attorney Kevin Kane argued in the New Haven Register that the way to ensure “conviction integrity” was to give his prosecutors broader, unchecked power to conduct investigations and arrest citizens of Connecticut. His editorial was in apparent response to an editorial the week before by Professor David R. Cameron of Yale, who argued that we needed a “conviction integrity unit” to ensure adequate and effective review…
  • The “accidentally suppressed” evidence keeps surfacing

    7 Jul 2014 | 4:08 am
    The Dejuan Hammond murder trial in Kentucky is turning into a test of disbelief. First, the second trial was cut short when notes that tended to show he was innocent surfaced in the middle of trial, in a detective’s personal truck. As if that wasn’t enough, the prosecutor’s office then reindicted Hammond, but refused to allow any questioning into how the notes ended up in said truck. Now they’ve found more papers that were hidden from the defense: The Jefferson Commonwealth’s Attorney’s office has found more evidence in the Dejuan Hammond murder case that…
  • The lawyer joke’s on you

    30 Jun 2014 | 5:13 am
    “First thing we do, let’s kill all the lawyers” says Dick the Butcher in Henry VI, part 2. Some say it’s a lawyer joke, some say it’s a compliment to lawyers and, as all lawyers will probably guess, the right answer is both or depends. But the reality cannot be escaped that we are the butt of many, many jokes. A simple Google search for “lawyer jokes” returns 5.5 million results. As I write in my latest CT Law Tribune column, however, the joke’s on you if you dislike lawyers. From the denial of promotion to Debo Adegbile to this faux-outrage…
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  • Lawsuit against Yelp over how it marketed its review filters can move forward

    Evan Brown (@internetcases)
    25 Jul 2014 | 2:51 pm
    Plaintiff restaurant owner sued Yelp under California unfair competition law, claiming that certain statements Yelp made about the filters it uses to ascertain the unreliability or bias of user reviews were misleading and untrue. For example, plaintiff alleged that Yelp advertised that its filtering process “takes the reviews that are the most trustworthy and from the most established sources and displays them on the business page.” But, according to plaintiff, the filter did not give consumers the most trusted reviews, excluded legitimate reviews, and included reviews that were…
  • When is news reporting fair use under copyright law?

    Evan Brown (@internetcases)
    23 Jul 2014 | 10:01 pm
    Blogger claims fair use supports his challenge to DMCA takedown of YouTube video. But “news reporting” aspect of fair use can be tricky. An embattled California pastor sent a DMCA takedown notice to YouTube over a video clip that a blogger used “to report accurately the relationship” between two organizations. The blogger sent a counternotification and explained that he believes copyright fair use protects him against the takedown (and apparently against infringement as well). The blogger invokes, among other things, the news reporting aspect of fair use, which one…
  • When is it okay to use social media to make fun of people?

    Evan Brown (@internetcases)
    22 Jul 2014 | 8:51 am
    There is news from California that discusses a Facebook page called 530 Fatties that was created to collect photos of and poke fun at obese people. It’s a rude project, and sets the context for discussing some intriguing legal and normative issues. Apparently the site collects photos that are taken in public. One generally doesn’t have a privacy interest in being photographed while in public places. And that seems pretty straightforward if you stop and think about it — you’re in public after all. But should technology change that legal analysis? Mobile devices with…
  • DMCA’s protection of copyright management information applied to non-electronic works

    Evan Brown (@internetcases)
    15 Jul 2014 | 8:01 am
    The Digital Millennium Copyright Act (DMCA) provides safe harbors from copyright infringement liability for online service providers (17 U.S.C. 512) and makes it unlawful to circumvent technological measures that effectively control access to copyrighted works (17 U.S.C. 1201). A lesser-known (and lesser-litigated) provision of the DMCA (17 U.S.C. 1202) makes it illegal to intentionally remove or alter any copyright management information or to distribute copies of works knowing that copyright information has been removed or altered without authority of the copyright owner or the law.
  • Is the Aereo decision a setback for innovation?

    Evan Brown (@internetcases)
    29 Jun 2014 | 10:01 pm
    I have written about last week’s Aereo decision over on my firm’s blog: One of the big questions preceding the Supreme Court’s decision in the Aereo case … was whether a holding against Aereo would put cloud services into such a legally precarious position that the innovation and investment climate would chill. While the decision clearly makes Aereo’s use of its technology illegal, one should not be too quick to foretell a drastic impact on all hosted services. Here are some reasons why. [Read the entire post] Evan Brown is an attorney in Chicago advising clients on…
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    Federal Employment Law Articles

  • IRS Issues Draft ACA Reporting Forms

    27 Jul 2014 | 10:00 pm
    On July 24, 2014, the Internal Revenue Service (IRS) released draft forms that employers will use to report on health coverage that they offer to their employees. In March, the IRS issued final rules implementing the health coverage reporting requirements under the Affordable Care Act (ACA). The information reporting requirements become effective for the 2015 tax year.
  • Here We Go Again—Significant Threat of Automatic Debarment from Government Contracts Slipping in Under the Wire!

    27 Jul 2014 | 10:00 pm
    Two weeks ago, the U.S. House of Representatives passed, by voice vote, a little-understood and little-noticed amendment to the Fiscal Year 2015 Energy and Water Development and Related Agencies Appropriations Act (H.R. 4923) that would debar large federal contractors that have been found to have violated the Fair Labor Standards Act (FLSA) within the past five years. “Debarment” is a sanction imposed for violations of law that prohibits cited contractors from doing business with the federal government for a length of time.
  • EEOC Updates Enforcement Guidance on Pregnancy Discrimination

    27 Jul 2014 | 10:00 pm
    The Equal Employment Opportunity Commission (EEOC) recently issued enforcement guidance on pregnancy discrimination and related issues, marking the first comprehensive update of the EEOC’s guidance on the subject in over 30 years. This guidance has been issued after several states and cities including New Jersey, New York City, and Philadelphia have passed laws regarding accommodations for pregnant employees. Importantly, the guidance incorporates significant developments in the law that have transpired over the past three decades and also sets forth suggestions for best practices for…
  • Circuits Split Regarding Validity of Federal Subsidies of Health Insurance Purchased on Federally-Established Exchanges

    27 Jul 2014 | 10:00 pm
    Two federal appeals courts have issued opposing decisions regarding whether the IRS has the authority under the Affordable Care Act (“ACA”) to extend federal tax subsidies to individuals who obtain health insurance coverage through a federal Marketplace (also known as an Exchange).
  • Department of Labor Plans To Take Next Step in White Collar Exemption Overhaul in November

    27 Jul 2014 | 10:00 pm
    Earlier this year, President Obama ordered the Secretary of Labor to overhaul the executive, administrative, and professional exemptions under the Fair Labor Standards Act’s overtime and minimum wage requirements.
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    Florida Estate Planning Lawyer Blog

  • Banker Suicides indicate Stress of the Profession.

    28 Jul 2014 | 7:15 am
    If your family works in a high stress profession is a good idea to make sure you and your family keep their estate plans up to date. The unexpected deaths of finance workers in the past few months by suicide around the world have raised concerns about mental health and stress levels of the banking profession. JP Morgan executive director Julian Knott, 45, killed himself after shooting his wife Alita Knott, 49, to death with a shotgun. Julian worked for JP Morgan until July 2010, before he and his wife moved to the United States. Before the move, Alita had opened a nursery in Southwick, West…
  • Probate: Is it a good idea to give your heirs their inheritance while you are still alive?

    18 Jul 2014 | 7:09 am
    Planning an estate can be a difficult process, but also a rewarding one because it helps to ensure that a person's heirs will be provided for after he or she dies. Many assume they should wait until after death to convey assets to their loved ones, but there are some benefits to giving assets to an heir while still alive. There are two types of taxes to consider when determining when to give an heir your assets. A decedent who gives his or her assets to someone while still alive may have to pay a gift tax. This is a tax imposed by the federal government on any transfer of property. Property…
  • Can a surviving spouse claim loss of consortium after the other spouse dies?

    17 Jul 2014 | 7:06 am
    A recent ruling by the Fifth Florida Appellate Court on Friday allows surviving spouses to claim loss of consortium separately from others claims after the spouse dies. The surviving spouse Margaret Randall filed the case, Randall v. Walt Disney World Co., in 2006 after her husband Barry Randall allegedly suffered injuries to his head and neck from riding a roller coaster. Besides personal injuries, Ms. Randall also claims loss of consortium. Loss of consortium is the inability of one spouse to have normal martial relations. Judges will sometimes award the surviving spouse damages for his or…
  • The Benefits of Creating a TAP Trust for Protecting Retirement Assets

    16 Jul 2014 | 10:03 am
    A TAP trust is an extremely versatile trust designed to hold a variety of assets. This type of trust helps the grantor avoid needless estate taxes without the restrictions of other trusts. The TAP trust can hold a variety of assets that include: real estate, stocks, insurance policies, bonds, and a few other business interests. A TAP trust can even own an IRA after the grantors death. A TAP trust can set up as a grantor, or non-grantor trust. This distinction will decide h A non-grantor trust is taxed like a separate taxpayer with all income directly taxed to the trust at a trust income tax…
  • Estate Planning: The Risk of Creating Your Own Will. Is it valid?

    15 Jul 2014 | 7:53 am
    The Florida Supreme Court recently decided the long and costly case of a deceased woman who tried to write her own Will using an online legal form. In Aldrich, v. Basile, Ann Aldrich used a pre-printed legal form to draft a Will. She did this most likely to avoid paying an estate-planning attorney. This Florida Supreme Court Decision resulted in costly legal fees and most likely years of anguish for her family. Deciding who would inherit Ann Aldrich's property was appealed twice, which was finally decided by the Florida Supreme Court. The court's decision of who would inherit the property was…
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  • Toward a Modernised and More Accessible Justice: Technological Courtroom Management

    Guest Blogger
    28 Jul 2014 | 7:00 am
    The Cyberjustice Laboratory of the Université de Montréal has been developing a courtroom management software application for one year now. Initially, the project, called ISA – a french acronym for « Interface de salle d’audience » (courtroom interface) – had the sole purpose of developing a streamlined interface facilitating the management of the Laboratory’s state-of-the-art technological courtroom software infrastructure. However, due to the great potential of this software and to the enthusiasm of its first users, a web-based version of ISA was quickly designed. Our main…
  • New Linked Data Book for Libraries, Archives and Museums

    F. Tim Knight
    28 Jul 2014 | 6:45 am
    There’s a wonderful new book available that provides a useful overview of linked data principles and concepts that will help you understand and apply the knowledge you’ve been gathering over the past couple of years. Seth van Hooland (Associate Professor in the Information and Communication Science Department at the Université Libre de Bruxelles) and Ruben Verborgh (Postdoctoral Researcher in Semantic Hypermedia at Ghent University) have written “Linked Data for Libraries, Archives and Museums: How to Clean, Link and Publish your Metadata.” Cover image This…
  • Monday’s Mix

    28 Jul 2014 | 4:00 am
    Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from sixty recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Library Boy  2. À bon droit  3. Michael Geist  4. Susan on the Soapbox  5. Canadian Legal History Blog Library Boy Statistics Canada Article on Police-Reported Crimes Stats for 2013 Statistics Canada has published an article on Police-reported crime statistics, 2013…
  • Killing Terrorism: The Selective Deployment of Deferred Capital Punishment to Deter Terrorism

    Edward Prutschi
    28 Jul 2014 | 4:00 am
    As I write this, Israel is again engaged in defensive military operations in a renewed attempt to dismantle terrorist infrastructure in the Palestinian territories. This latest chapter in the vast novel of the Israeli/Palestinian conflict began with the kidnapping and murder of three young Israeli civilians by alleged Hamas terrorists. It spiralled further out of control when a gang of Israeli youth reacted to the murders by perpetrating their own barbaric vengeance against an innocent Palestinian teen who was kidnapped and burned to death. Although the suspects in the murder of the…
  • Lawyers Should Be Aware of iPhone Vulnerabilities

    Omar Ha-Redeye
    27 Jul 2014 | 4:36 pm
    At a hacker conference in New York earlier this month, security expert Jonathan Zdziarski presented a paper which should raise some eyebrows for lawyers. Zdziarski noted the considerable developments Apple has made to ensure its iOS devices are secure, to the point where the iPhone 5 and iOS 7 is more secure from everyone. Everyone, that is, except for Apple itself. Although third party documents on Apple devices are encrypted, the library and caches folders are typically not. What this means is that an unlocked device allows access to data which would normally be encrypted. There is…
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    Florida Estate Planning Lawyer Blog

  • Banker Suicides indicate Stress of the Profession.

    28 Jul 2014 | 7:15 am
    If your family works in a high stress profession is a good idea to make sure you and your family keep their estate plans up to date. The unexpected deaths of finance workers in the past few months by suicide around the world have raised concerns about mental health and stress levels of the banking profession. JP Morgan executive director Julian Knott, 45, killed himself after shooting his wife Alita Knott, 49, to death with a shotgun. Julian worked for JP Morgan until July 2010, before he and his wife moved to the United States. Before the move, Alita had opened a nursery in Southwick, West…
  • Probate: Is it a good idea to give your heirs their inheritance while you are still alive?

    18 Jul 2014 | 7:09 am
    Planning an estate can be a difficult process, but also a rewarding one because it helps to ensure that a person's heirs will be provided for after he or she dies. Many assume they should wait until after death to convey assets to their loved ones, but there are some benefits to giving assets to an heir while still alive. There are two types of taxes to consider when determining when to give an heir your assets. A decedent who gives his or her assets to someone while still alive may have to pay a gift tax. This is a tax imposed by the federal government on any transfer of property. Property…
  • Can a surviving spouse claim loss of consortium after the other spouse dies?

    17 Jul 2014 | 7:06 am
    A recent ruling by the Fifth Florida Appellate Court on Friday allows surviving spouses to claim loss of consortium separately from others claims after the spouse dies. The surviving spouse Margaret Randall filed the case, Randall v. Walt Disney World Co., in 2006 after her husband Barry Randall allegedly suffered injuries to his head and neck from riding a roller coaster. Besides personal injuries, Ms. Randall also claims loss of consortium. Loss of consortium is the inability of one spouse to have normal martial relations. Judges will sometimes award the surviving spouse damages for his or…
  • The Benefits of Creating a TAP Trust for Protecting Retirement Assets

    16 Jul 2014 | 10:03 am
    A TAP trust is an extremely versatile trust designed to hold a variety of assets. This type of trust helps the grantor avoid needless estate taxes without the restrictions of other trusts. The TAP trust can hold a variety of assets that include: real estate, stocks, insurance policies, bonds, and a few other business interests. A TAP trust can even own an IRA after the grantors death. A TAP trust can set up as a grantor, or non-grantor trust. This distinction will decide h A non-grantor trust is taxed like a separate taxpayer with all income directly taxed to the trust at a trust income tax…
  • Estate Planning: The Risk of Creating Your Own Will. Is it valid?

    15 Jul 2014 | 7:53 am
    The Florida Supreme Court recently decided the long and costly case of a deceased woman who tried to write her own Will using an online legal form. In Aldrich, v. Basile, Ann Aldrich used a pre-printed legal form to draft a Will. She did this most likely to avoid paying an estate-planning attorney. This Florida Supreme Court Decision resulted in costly legal fees and most likely years of anguish for her family. Deciding who would inherit Ann Aldrich's property was appealed twice, which was finally decided by the Florida Supreme Court. The court's decision of who would inherit the property was…
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    Native American Legal Update

  • Marijuana Wars: Yurok Tribe Battles To Reclaim Its Lands

    Greg Guedel
    22 Jul 2014 | 10:59 am
      The Los Angeles Times reports that with the assistance of federal and state agencies, the Yurok Tribe in California is taking the offensive in a battle to drive renegade marijuana growers off the Tribe’s native lands. For years, illegal marijuana growers with out-of-state license plates came to the upper reaches of the Yurok Indian Reservation, followed by dump trucks of fertilizer and heavy equipment that punched roads into tribal land. Runaway marijuana cultivation had made it unsafe for Tribal members to hike, pray, gather medicine and materials for baskets, or prepare sites…
  • Tulalip Tribes Battle Domestic Violence With Expanded Powers

    Greg Guedel
    15 Jul 2014 | 1:36 pm
    The Tulalip Tribes are now one of just three Native American Tribes in the U.S. to take advantage of a federal program designed to better combat domestic violence on tribal lands. In an agreement signed with the U.S. Attorney’s Office, Tribal Prosecuting Attorney Sharon Jones Hayden was appointed Special Assistant U.S. Attorney with expanded authority over domestic violence cases. Hayden’s appointment is part of a federal pilot program to allow Tribes to start exercising this new authority under the 2013 re-authorization of the federal Violence Against Women Act, which recognizes…
  • Tribal Employment Rights & Law Seminar - 14 July 2014

    Greg Guedel
    2 Jul 2014 | 9:04 am
    TRIBAL EMPLOYMENT RIGHTS & LAW  Sovereignty, Jurisdiction And Best Practices July 14, 2014 Washington State Convention Center, Seattle REGISTER HERE Who Should Attend Attorneys, Tribal representatives, human resource executives and staff, and governmental officials Why You Should Attend Creating and maintaining sustainable and productive employment is a top priority for Tribes, Tribal businesses, and the agencies and enterprises that serve Native American communities. The relationship between Tribes and the workers they employ is an important aspect of Tribal governance and the…
  • Vince Logan Confirmed as US Special Trustee for American Indians

    Greg Guedel
    26 Jun 2014 | 1:33 pm
      Vince Logan (Osage) has been confirmed by the United states Senate as the next United States Special Trustee for American Indians.  Secretary of the Interior Sally Jewell today released the following statement after the confirmation: “As an investment professional, a mentor for Native American attorneys, and a member of the Osage Nation, Vince has been deeply rooted in Indian Country for many decades. His asset management expertise, legal experience and extensive network of professional relationships in Indian Country will well serve the Office of Special Trustee and the…
  • Mellon Foundation Awards Grant for Tribal Economic Development Seminars

    Greg Guedel
    24 Jun 2014 | 12:09 pm
    The Andrew W. Mellon Foundation has awarded a grant to Foster Pepper’s Native American Legal Services Chair Greg Guedel to conduct a visiting-speaker series on Tribal economic development in 2015. The funding will bring national experts on Tribal economic development to Seattle to share their insights and strategies for enhancing opportunity and quality of life in Native American communities. The program will be hosted in the Spring at the University of Washington in partnership with the Henry M. Jackson School of International Studies, and will provide a unique platform for Tribal…
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    Technology & Marketing Law Blog

  • Q2 2014 Quick Links, Part 4 (Content Regulation, Prostitution & More)

    Eric Goldman
    27 Jul 2014 | 8:46 am
    Photo credit: 3D Quick Link Crossword // ShutterStockContent Regulation * Jancik v. Redbox Automated Retail, LLC, 2014 WL 1920751 (C.D. Cal. May 14, 2014) (cites omitted). Another websites-and-ADA case diverging from the troubling 2012 Netflix ruling: However, the Redbox Instant website and the Redbox kiosks cannot be characterized as “heavily integrated”—the two services are bundled in a number of ways, but they are not integrated. For example, a Redbox Instant subscriber is entitled to two separate services: (1) access to streaming video content online and (2) four kiosk rentals a…
  • Q2 2014 Quick Links, Part 3 (Privacy, Marketing, E-Commerce & More)

    Eric Goldman
    26 Jul 2014 | 8:32 am
    Photo credit: 3D Quick Link Crossword // ShutterStock Privacy * Snapchat’s basic value proposition (“Disappearing digital photos”) has been deceptive from the beginning. The FTC busted them for it. (I saw James Grimmelmann added this to his Internet Law casebook. We’ve also added it to our Advertising Law casebook, coming out shortly). * European Court of Justice rules that the European Data Retention Directive is invalid. * Dark Reading: Recent breaches of retail and credit card data are making customers think twice about where they shop and how they pay, researchers…
  • Q2 2014 Quick Links, Part 2 (Consumer Reviews, Defamation & More)

    Eric Goldman
    25 Jul 2014 | 10:03 am
    Photo credit: 3D Quick Link Crossword // ShutterStockConsumer Reviews * In re Margrett A. Skinner (Ga. Sup. Ct. May 19, 2014). Lawyer publicly reprimanded for disclosing client confidential information to rebut the client’s online reviews. See my Forbes post. * Loftus v. Nazari, 2:10-cv-00279-WOB-JGW (E.D. Ky. May 13, 2014). Another doctor lost a defamation suit over a patient’s online reviews. My updated chart of doctor v. patient lawsuits. * MarketWatch: The fine print that’s getting online commenters sued * Neumann v. Liles (Or. Ct. App. March 12, 2014). Google review of…
  • Lawsuit Over Google’s Unified Privacy Policy Pared Down, But Two Claims Survive

    Venkat Balasubramani
    25 Jul 2014 | 6:03 am
    This is a lawsuit against Google for “commingling user data across different Google products.” Under the policy in effect before March 2012, information collected in one particular Google product was not automatically combined with information from another product. This changed when Google implemented a “unified privacy policy” in 2012, which made clear that Google could combine information collected from different products. The claims were brought on behalf of a class who acquired a Google account prior to February 2012 and who maintained that account after March 2012, when…
  • Q2 2014 Quick Links, Part 1 (IP)

    Eric Goldman
    24 Jul 2014 | 2:08 pm
    Photo credit: 3D Quick Link Crossword // ShutterStock Trademark * Barton Beebe has posted a new free casebook, Trademark Law: An Open-Source Casebook. Quite possibly the new gold standard of trademark casebooks. Check it out! * Hollywood, Esq.: Chubby Checker Settles Penis Size App Lawsuit. Prior blog post. * Overstock v. (D. Utah June 30, 2014). NoMoreRack doesn’t create consumer confusion when it uses the term “overstock” to describe its goods. * Renna v. County of Union, N.J., 2014 WL 2435775 (D. N.J. May 29, 2014). Using a county seal on a public access…
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    The California Employment Law Blog by Mediator Steven G. Pearl

  • Dilts v. Penske Logistics: Ninth Circuit Holds that Federal Law Does Not Preempt California Meal and Rest Period Requirements

    Steven G. Pearl
    17 Jul 2014 | 8:00 am
    The Federal Aviation Administration Authorization Act of 1994 (FAAAA) provides: “States may not enact or enforce a law . . . related to a price, route, or service of any motor carrier . . . with respect to the transportation of property.” 49 U.S.C. § 14501(c)(1). In Dilts v. Penske Logistics, LLC, ___ F.3d ___ (9th Cir. 7/9/14), the Ninth Circuit considered whether the FAAAA preempts California's meal and rest period requirements. The Court held that it does not, reasoning as follows: Under Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004 (detailed discussion here),…
  • Haro v. City of Los Angeles: Ninth Circuit Affirms Overtime Award to Fire Department Employees

    Steven G. Pearl
    16 Jul 2014 | 8:00 am
    In Haro v. City of Los Angeles, ___ F.3d ___ (9th Cir. 3/18/14), the plaintiffs worked as dispatchers or aeromedical technicians for the City of Los Angeles Fire Department. They alleged that the City improperly classified them as employees "engaged in fire protection" and improperly failed to pay them weekly overtime compensation under the federal Fair Labor Standards Act (FLSA). The district court granted summary judgment to the plaintiffs, finding that they were not engaged in fire protection work. The City appealed, and the Ninth Circuit affirmed, finding as…
  • Peabody v. Time Warner Cable: Employer May Not Average Commission Wages Across a Monthly Pay Period and Must Apply Such Wages to the Pay Period in Which They Are Actually Paid

    Steven G. Pearl
    15 Jul 2014 | 8:00 am
    Susan Peabody filed suit against Time Warner Cable (TWC), alleging, in part: As an account executive for TWC, she worked an average of 45 hours per week and earned salary plus commissions based on her monthly sales; TWC paid her salary biweekly and paid commissions monthly; in those pay periods that included a commission payment, TWC paid Ms. Peabody more than one and one-half times the minimum wage; in those pay periods that did not include a commission payment, TWC paid Ms. Peabody less than one and one-half times the minimum wage, such that she did not qualify for the…
  • Paratransit, Inc. v. UIAB: Employee's Refusal to Sign Disciplinary Notice Constitutes Insubordination, but not Grounds to Deny Unemployment Benefits

    Steven G. Pearl
    14 Jul 2014 | 8:00 am
    In Paratransit, Inc. v. Unemployment Insurance Appeals Board (Medeiros) (2012) 206 Cal.App.4th 1319, the Court of Appeal held that an employee's refusal to sign a disciplinary memorandum in connection with a prior incident of misconduct constituted work-related misconduct, not a good-faith error in judgment, rendering the employee ineligible for unemployment compensation.On July 3, 2014, the California Supreme Court disagreed. Paratransit, Inc. v. Unemployment Insurance Appeals Board (Medeiros) (7/3/14) --- Cal.4th ---. The Court held as follows: In this case, an employee refused his…
  • Von Nothdurft v. Steck: Apartment Owner Entitled to Credit Rental Value of Apartment Against Minimum Wages Owed to Apartment Manager

    Steven G. Pearl
    7 Jul 2014 | 8:00 am
    Just a quick word on this case. In Von Nothdurft v. Steck (6/26/14), --- Cal.App.4th ---, the defendant hired the plaintiff to work as a resident apartment manager. The parties signed a management agreement that provided that the plaintiff would receive free rent on her apartment. The plaintiff sued for unpaid minimum wages, and the case made its way to the Court of Appeal, which held that the management agreement satisfied the requirements of the applicable IWC Wage Order No. 5-2001, such that the defendant was entitled to credit a portion of the apartment's rental value…
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    The Securities Law Blog

  • SEC Charges Seattle Firm and Owner With Misusing Client Assets for Vacation Home and Vintage Automobile

    28 Jul 2014 | 6:00 am
    The SEC charged the owner of a Seattle-based investment advisory firm with fraudulently misusing client assets to make loans to himself to buy a luxury vacation home and refinance a rare vintage automobile.  An SEC investigation found that the owner of the firm used assets from the portfolio of a senior citizen client to fund $3.1 million in personal loans without telling her or obtaining her consent.  The loans were not in the best interest of the client and significantly favored the owner, who provided no collateral, had no set pay-off dates, and paid most of the interest at…
  • SEC Charges Self-Described Bankers, Dishonest Brokers, and Microcap Company Executive in Pump-And-Dump Scheme

    25 Jul 2014 | 6:00 am
    The SEC charged individuals who pocketed millions of dollars running an elaborate pump-and-dump scheme involving shares of a medical education company in Pennsylvania and two other microcap stocks. The SEC alleges that the stock market manipulation ring included two self-described bankers, a pair of dishonest brokers, and a corrupt company executive who issued misleading press releases.  The SEC today suspended trading in one of the microcap companies before they could illegally profit further.According to the SEC’s complaint filed in U.S. District Court for the Eastern…
  • James Robertson to Lead BNY Mellon Wealth Management in New Jersey

    24 Jul 2014 | 1:57 pm
    BNY Mellon Wealth Management has promoted a company veteran to the position of market leader for the firm's New Jersey region.James Robertson will develop and execute the wealth manager's overall strategy in New Jersey, which is the fifth largest state in millionaire households, according to research firm Spectrum.Robertson will coordinate the day-to-day activities of New Jersey portfolio managers, wealth directors and private bankers and bolster the BNY Mellon brand throughout the region, the wealth manager said in its announcement this week.He will be based in Madison, N.J. More information…
  • SEC Charges Penny Stock Company CEO and Purported Business Partner for Defrauding Investors With False Press Releases

    24 Jul 2014 | 6:00 am
    The SEC charged a serial con artist and a penny stock company CEO with misleading investors in a supposed vaccine development company by issuing false press releases portraying it as a successful venture when it was in fact a failing enterprise.The SEC alleges that this individual teamed up with another CEO to defraud investors with extravagant claims about the microcap company’s revenue and other benefits flowing from a “shared revenue agreement” with an electricity provider supposedly operated by the individual.  However, his entity was a complete sham.“[These men] misled…
  • SEC Charges Investor Relations Executive With Insider Trading While Preparing Clients’ Press Releases

    23 Jul 2014 | 9:48 am
    The SEC charged a partner at a New York-based investor relations firm with insider trading on confidential information he learned about two clients while he helped prepare their press releases. The SEC alleges that the partner sold his shares in Misonix Inc. upon learning that the company was set to announce disappointing financial results.  The SEC further alleges that the partner bought stock in Clean Diesel Technologies Inc. when he learned about the company’s impending announcement of positive news, and he profited when its stock price nearly doubled.  The partner’s…
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    Construction Law Musings- Richmond, VA

  • Silver Lining? Economic Downturn Spurs Construction Disputes

    Christopher G. Hill
    25 Jul 2014 | 6:00 am
    For this week’s Guest Post Friday here at Musings, we welcome back Rob Pitkin.  Rob (@KCconstrlawyer) is an attorney with the Construction Law Group of Horn Aylward & Bandy, LLC in Kansas City, where he handles Construction disputes and other types of sophisticated business litigation.  Originally from Iowa, he graduated from Wheaton College in Illinois and Wake Forest University School of Law in North Carolina.  Rob is listed in Best Lawyers in America in Construction Law and serves as an Arbitrator on construction cases for the American Arbitration Association. He has been…
  • Should a General Contractor Tell a Sub that its Bid is Too Low?

    Christopher G. Hill
    23 Jul 2014 | 6:04 am
    (Photo credit: Wikipedia) A recent article by my pal, and occasional guest poster, Craig Martin (@craigmartin_jd) asks the question: “Does a General Contractor Have to Tell a Subcontractor that its Bid is Too Low?”  In his great post on a recent Nebraska decision concludes that the answer is no, so long as the subcontractor had all of the facts necessary to properly bid a job.  As a construction attorney that represents all levels of the construction “food chain” and that works in the Commonwealth of Virginia where the contract is king, I see the logic and legal…
  • Thanks Again to The Lien Blog

    Christopher G. Hill
    14 Jul 2014 | 7:00 am
    Originally posted 2013-01-29 13:39:36. I have been lucky to get to know Scott Wolfe, Jr. (@scottwolfejr) and the folks at the Lien Blog (@zlienit).  Scott is a multiple time guest contributor here at Construction Law Musings and I have been lucky enough to post on multiple occasions over there.  The latest of my guest posts discusses the wisdom of monkeying with mechanic’s lien statutes. Here’s an excerpt: Scott has asked me to blog at a time when it seems that a group of statutes that have served contractors well here in Virginia for a long long time without change are in the…
  • Shameless Plug Alert: Please Consider Construction Law Musings for the Blawg 100

    Christopher G. Hill
    14 Jul 2014 | 7:00 am
    Yes, its that time of year again and nominations are open for the ABA Blawg 100.  Its also the time that I both thank you, the readers of Construction Law Musings that keep this maintaining this place worthwhile, for your readership and also ask that you become a “Friend of the Blawg” and let the ABA know why you read before nominations close on August 8, 2014. Whether you visit Musings for the Guest Post Friday perspectives, information on Virginia mechanic’s liens or bond claims, or even Alternate Dispute Resolution, I truly appreciate the time that you each take to read…
  • Miller Act Bond Claims Subject to “Pay If Paid”. . . Sometimes

    Christopher G. Hill
    9 Jul 2014 | 6:44 am
    Originally posted 2010-04-05 09:00:25. The Federal Miller Act is a great tool that subcontractors and suppliers on Federal projects can use for collection of wrongfully withheld amounts due.  However, as a recent federal case from the Eastern District of Virginia points out, the construction contract’s terms affect when a subcontractor or supplier can use this great collection tool and how much it can recover. In Aarow v Travelers the Court looked at the interaction between a typical termination clause, a “pay when paid” clause, and the Miller Act.  The key facts are…
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    CAFA Law Blog

  • Only Concrete Evidence Can Keep a Defendant’s Case Afloat Under CAFA’S Legal Certainty Standard (McGlinchey Stafford PLLC)
    2 Jul 2014 | 11:51 am
    Bell v. Home Depot U.S.A., Inc., 2013 WL 1791920 (E.D.Cal. April 26, 2013). As amended by CAFA, 28 U.S.C. § 1332(d) vests district courts with original jurisdiction of any civil action in which the amount in controversy exceeds $5,000,000, the aggregate number of proposed plaintiffs is 100 or greater, and any member of the plaintiff class is a citizen of a state different from any defendant.  But, if a class-action plaintiff stipulates, prior to certification of the class, that he, and the class he seeks to represent, will not seek damages that exceed $5,000,000 in total, does that…
  • Forum Shopping May Not Qualify as Bad Faith (McGlinchey Stafford PLLC)
    23 May 2014 | 3:00 am
    Deaver v. BBVA Compass Consulting & Benefits, Inc., 2013 WL 2156280 (N.D. Cal. May 17, 2013). The U.S. District Court for the Northern District of Florida determined whether the Supreme Court’s recent decision in Standard Fire Insurance Company v. Knowles, 133 S. Ct. 1345 (2013) rendered the District Court’s earlier decision in Lowdermilk v. U.S. Bank National Association, 479 F.3d at 999 (9th Cir. 2007) invalid. The District Court observed that Standard Fire concerned a situation where the amount in controversy would exceed $5 million but for the stipulation of the putative class…
  • District Court Can Stay Its Remand Order Pending Appeal (McGlinchey Stafford PLLC)
    22 May 2014 | 3:00 am
    Dalton v. Walgreen Co., 2013 WL 2367837 (E.D. Mo. May 29, 2013). Staying its remand order to facilitate the defendant to prefer an appeal, the U.S. District Court for the Eastern District of Missouri held that it had jurisdiction to reopen the case for the limited purpose of staying the remand order, because to hold that a district court lacks the limited jurisdiction to stay its remand order in a CAFA case would render hollow the statutory right to appeal a CAFA remand order. The plaintiffs brought an action in Circuit Court of Phelps County, Missouri, alleging that the defendant tracked and…
  • Appellate Court Opinion in a Wholly Separate Case Does Not Reset the 30-Day Removal Window (McGlinchey Stafford PLLC)
    21 May 2014 | 3:00 am
    Brown v. MHN Government Services, Inc., 2013 WL 2321509 (W.D. Wash. May 28, 2013). The U.S. District Court for the Western District of Washington held that a recent Supreme Court opinion in a wholly separate case does not reset the 30-day removal window under 28 U.S.C. § 1446(b)(3). Initially, the plaintiffs filed an action in the Pierce County Superior Court for the State of Washington (“Brown I”), alleging state wage law claims on behalf of themselves and a proposed class. The defendants removed the action to the District Court under CAFA, and the plaintiffs then voluntarily dismissed…
  • Limited Liability Companies Are like Corporations for Purposes of Determining Citizenship under CAFA (McGlinchey Stafford PLLC)
    20 May 2014 | 3:00 am
    Heckemeyer v. NRT Missouri, LLC, 2013 WL 2250429 (E.D. Mo. May 22, 2013). The U.S. District Court for the Eastern District of Missouri held that Congress chose to treat limited a limited liability company (“LLC”) like a corporation for purposes of determining citizenship under CAFA; thus, an LLC is deemed to be a citizen of the states where its principal place of business is located and the state under whose laws it is organized. The Missouri resident plaintiffs brought an action under the Missouri Merchandising Practices Act, in Circuit Court of St. Louis County, Missouri, alleging that…
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    Lowering the Bar

  • Police Wait Patiently for Man in Pond to Surrender

    24 Jul 2014 | 9:21 pm
    Well, this is probably about as relaxed as a standoff can get and still be called a "standoff": As you may recall, earlier this month another miscreant's path to jail led through a pond, although in that case the evidence linking him to the pond was only circumstantial. After the intended victim stole his car keys, that burglar fled and later broke into a neighbor's house, taking the opportunity while there to log into—but not out of—his Facebook account. Police surmised that he had been hiding from them in a nearby pond in the meantime, based on the otherwise unexplained "puddles of…
  • Hey, I'm Appearing on FOX Tonight

    24 Jul 2014 | 2:03 pm
    I will appear for a few minutes tonight (Thursday) on the John Stossel show to talk about some ridiculous laws. The show was taped last week and is on tonight at 9 pm Eastern (and various other times depending on where you live), on Fox Business News. I am almost certainly either first or second on the guest list, and will be on for about 5-7 minutes depending on how many of the dumb things I said were mercifully edited out. Please tune in if you are so inclined. I want to stress that although the fundamental message of the show is that there are too many laws (and lawyers) in America and we…
  • U.S. Patent App. No. 20140159444: Airline Passenger Torture Device

    23 Jul 2014 | 2:06 pm
    The application calls it "Seating Device Comprising a Forward-Foldable Backrest," but I like my name better. The inventor describes the alleged motivation thusly (my annotations below): [T]o increase the number of cabin seats [and thus profit], the space allotted to each passenger must be reduced. However, this reduced comfort remains tolerable for the passengers [1] in as much [sic] as the flight lasts only one or a few hours. [2] According to a first solution … , it is possible to reduce the seating width allotted to each passenger in order to place an additional seat in the width…
  • The Lord Works in Mysterious Ways When He Gets Behind the Wheel of a 2006 Pontiac Grand Prix

    22 Jul 2014 | 11:01 am
    "I just shut my eyes," said Anthony Oliveri, who barely survived being run over last week, "and said, 'If this is the way that God wants to do it then I guess that this is the way we're going to do it.'" Turns out that was the way God wanted to do it, according to the driver of the car that was running him over. In fact, she said God wanted to do it Himself. As WANE News (Fort Wayne, Indiana) reported, the woman told police that God was personally responsible for the accident because she was just driving along and "out of nowhere God told her that He would take it from here and…
  • Assorted Stupidity #64

    20 Jul 2014 | 12:01 pm
    One can agree with many of the entries on this list of people who University of Oregon cops believed should "eat a bowl of [male genitalia]", and still feel that they should not have spent most of their time discussing it instead of policing. Or so says a former officer who says he was fired in 2012 for complaining about this practice. Somehow not on the list is Kim Jong Un, who it appears has been desperately trying to buy ski lifts while in charge of a country that can't feed itself. Sanctions prohibit the sale of luxury items to North Korea, and the Swiss are at least the third country to…
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    Ohio Family Law Blog

  • Putative Father Registry: Should One Be Established Nationally?

    Robert L. Mues
    26 Jul 2014 | 12:40 am
    National Putative Father Registry Database Could Benefit Father And The Child This article intends to highlight the rationale for creating a National Putative Father Registry, instead of just allowing each state to independently promulgate their own registry. What is a Paternity Registry? A Paternity or Putative Father Registry is a database established to protect children and their mother by allowing putative fathers to list their names. This, in turn, will require that the putative father is notified regarding his legal rights to the child and if any of those rights are in the process of…
  • Child Support: Should You Talk To A CSEA Ombudsman?

    Anne Shale
    19 Jul 2014 | 12:53 am
    Interview With Montgomery County CSEA (Child Support Enforcement Agency) Ombudsman Anne Bissacco On May 28, 2014, I had the opportunity to spend time with Anne Bissacco in an interview for this Ohio Family Law Blog Article.  Anne is the Ombudsman and Customer Relations Supervisor for the Child Support Enforcement Agency (“CSEA”) for Montgomery County, Ohio.  What is an “ombudsman”?  Webster’s New World Dictionary defines the word as follows: “A public official appointed to investigate citizens’ complaints”.  This is exactly the role that Anne performs.  She listens to…
  • DOMA: Same-Sex Marriage Rights Update

    Robert L. Mues
    12 Jul 2014 | 1:19 am
    A Look At The Same-Sex Marriage Law And The Defense of Marriage Act (DOMA), One Year Later A few weeks ago marked the one year anniversary since the Defense of Marriage Act (DOMA) was struck down by the Supreme Court of the United States.  This article aims to analyze changes and new laws that have arisen since this decision, discussing where the states and national laws stand in regards to same-sex marriages. What was the DOMA ruling? The decision regarding the DOMA law was released on June 26,2013.  The decision that struck down the Defense of Marriage Act had some implications; however,…
  • 4th Of July Family Memories: The Red Ones Are the Best!!!

    Robert L. Mues
    5 Jul 2014 | 12:22 am
    Family Law Attorney Chip Mues Recalls A Remarkable 4th of July Vacation Set In Maine It seemed appropriate that I should write something for the family law blog geared towards the “Birthday of America”. In the past, I liked to reflect upon the holidays and tried to find some correlation between the specific holiday and my family law practice. Not always an easy task without becoming repetitive in discussing how to celebrate the day in the aftermath of a traumatic divorce.  So, as I pondered possible themes, I considered offering a bit of a twist on “Independence…
  • Animal Protection: New Bill Would Shield Pets From Abuse

    Robert L. Mues
    27 Jun 2014 | 11:55 pm
    Should Domestic Violence Protection Orders Protect the Family Pet Or Animal Against Abuse? A bill introduced in August 2013 would amend domestic protection order laws to include your furry friend.  The new (potential) law seeks to add “companion animal” to protective order abilities.   The new bill seeks to add the language… The court may include within the scope of a protection order issued under this section any companion animal that is in the complainant’s or alleged victim’s residence and may issue additional orders as it considers appropriate for the protection of…
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    3 Geeks and a Law Blog

  • Whither Change?

    21 Jul 2014 | 4:00 pm
    Image [cc] Moyan Brenn Three posts recently caught my eye. One was on the imminent demise of BigLaw. The other was on how small firms are about to have their day. In the third one Thomas Sager, the GC for Dupont takes GCs to task for not pushing hard for change from outside counsel. In his words, "Until that happens, I don't know how you are going to beat this." Right ... on all accounts? The impending doom and demise of BigLaw is getting to be a very old story. Old enough, we should all be asking; So when is this actually going to happen? The rise of small law post brought…
  • Texas Scold 'Em

    17 Jul 2014 | 2:00 am
    They say that everything is bigger in Texas.  Apparently that even includes self-deluding opinions. Yesterday, a friend pointed me toward an article in Texas Law Book entitled Get Wall Street Out of the Practice of Law. (Subscription Required) In this opinion piece, the author, a former Big Law partner and current Legal Communications Advisor, offers her own opinion on the Texas Bar Opinion No. 642.  Opinion 642 is the one that says that "Texas Law Firms" (Is that any firm with an office in Texas? Firms with offices only in Texas? Or, firms with headquarters in Texas?) cannot have…
  • Jeff Carr, Project Management and Procurement

    15 Jul 2014 | 4:00 pm
    Jeff Carr in his Race Car Jeff Carr announced his retirement from his GC role at FMC Technologies recently. For those who follow the legal change landscape, Jeff has been a consistent beacon, advocating for change for quite some time. His model at FMC is one of (if not THE) most successful client implementations of legal cost savings in the world. His recent Forbes article noted how the company has grown significantly since he took on the role, while his legal spend has decreased. Fortunately Jeff has stated that even though he is leaving FMC, he will not be leaving the fight for change. We…
  • Innovation Tournaments: A New Incubator for Law Firm Creativity?

    9 Jul 2014 | 1:30 am
    Image [cc] Vyperx1 We very often hear from bloggers on this site regarding the struggles associated with change and innovation.  Fear of failure, lack of inertia, protecting territories—all seem to be stumbling blocks that many firms face when initiating change.  It seems, however, some organizations have found a way to successfully encourage and nurture new ideas internally.  I had the pleasure of speaking to Karl Florida, Managing Director of Small Law Firm Business Segments and Innovation Champion, at Thomson Reuters, about a new innovation program the company has…
  • An Open Letter to Sales People

    7 Jul 2014 | 1:36 pm
    In the last several weeks, I have been called, emailed or otherwise pitched to by a variety of solutions providers. I have to tell you despite having a great memory, I can't remember a single company name nor what any of the companies who wanted my firm's money do.    The reason I can't recall any of those fine details is because I was too put off by the approach, lack of planning and general disrespect for my time that within two minutes of each call, I zoned out.  I have also had a series of great sales pitches in the past while, where halfway through the call I wanted…
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    The High-touch Legal Services® Blog...for Startups!

  • Can I Walk Away from My Suspended LLC?

    15 Jul 2014 | 6:41 pm
    This post addresses a question that arises frequently from founders of California limited liability companies that have been suspended: Can I walk away from my suspended LLC? A suspended LLC is the result of a founder who has neglected to file Statements of Information with the Secretary of State, or file returns with or pay amounts due to the Franchise Tax Board, or both of the foregoing. Please see Why was My Corporation / LLC Suspended or Forfeited? Forgotten LLC = Suspended LLC Frequently this happens because the LLC did little or no business, so the founder forgot about it. (This…
  • What Does Non-binding Mean and Why Should I Care?

    2 Jul 2014 | 3:44 pm
    This post discusses the meaning of non-binding with respect to a letter of intent (LOI) or a memorandum of understanding (MOU). (Non-binding has a similar meaning in other legal contexts, such as legislation or arbitration, but I will not discuss those contexts here.) Although I will refer to solely an LOI in the remainder of this post, the following pertains to an MOU, as well. The purpose of an LOI is to summarize the basic terms of a relationship into which the parties wish to enter. It also specifies that the parties will enter into negotiations to prepare a definitive agreement…
  • Entity Conversion Can Be Easy – If You Know What You Are Doing

    18 Jun 2014 | 4:01 pm
    This post about entity conversion is an expanded version of an answer that I provided on Quora yesterday. (How do I convert a Delaware LLC to a California LLC?) In my experience, entity conversion typically occurs for either, or both, of the following reasons. The need to convert a limited liability company (LLC) to a corporation to accept an investment from an institutional investor, such as a venture capitalist. The need to move an entity from one state to another. This typically occurs because the founder relocates, or because an investor prefers to invest in a Delaware corporation.
  • How Do We Issue Corporate Shares?

    10 Jun 2014 | 2:41 pm
    Several weeks ago, I wrote about how to issue LLC membership interests. in this post, I am addressing how a small corporation should issue corporate shares. To start, one must examine the Certificate of Incorporation (Delaware) or Articles of Incorporation (California) to determine the maximum number of shares that may be issued. (To simplify this discussion, I will assume that only one class of common shares has been authorized.) A corporation may not issue more shares than are authorized. Board Resolution to Issue Corporate Shares Next, the board of directors must approve a resolution…
  • Meaningful Privacy Policy Statements – the California Perspective

    5 Jun 2014 | 2:54 pm
    Last month, California’s Attorney General published her latest privacy-protection guidelines.  The title of the publication is “Making your Privacy Practices Public – Recommendations on Developing a Meaningful Privacy Policy“. Executive Summary – Meaningful Privacy Policy Statements Quoting from the beginning of the publication’s Executive Summary [emphasis added]: Meaningful privacy policy statements safeguard consumers by helping them make informed decisions about which companies they will entrust with their personal information. They are also an…
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    ITC Law Blog

  • Federal Circuit Reverses Termination Of Enforcement Proceedings In Align Technology Appeal (2013-1240, 1363)

    Eric Schweibenz
    25 Jul 2014 | 3:46 pm
    On July 18, 2014, the U.S. Court of Appeals for the Federal Circuit issued its opinion in Align Technology, Inc. v. ITC (2013-1240, 1363).  This was an appeal from the International Trade Commission’s (“the Commission”) decision that it could review the ALJ’s Order determining that the accused devices were within the scope of the Consent Order issued in Certain Incremental Dental Positioning Adjustment Appliances and Methods of Producing Same (Inv. No. 337-TA-562). By way of background, this investigation was based on a complaint filed by Align Technology, Inc. (“Align”) alleging…
  • Johnson Outdoors Files New 337 Complaint Regarding Certain Marine Sonar Imaging Systems

    Eric Schweibenz
    23 Jul 2014 | 3:21 pm
    On July 18, 2014, Johnson Outdoors Inc. of Racine, Wisconsin and Johnson Outdoors Marine Electronics, Inc. of Eufaula, Alabama (collectively, “Johnson Outdoors”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337. The complaint alleges that Garmin International, Inc., Garmin North America, Inc., and Garmin USA, Inc.—all of Olathe, Kansas—and Garmin Corp. of Taiwan (collectively, “Garmin”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain marine sonar imaging systems, products…
  • ITC Decides To Review And Modify Initial Advisory Opinion In Certain Sleep-Disordered Breathing Treatment Systems And Components Thereof (337-TA-879)

    Eric Schweibenz
    23 Jul 2014 | 6:46 am
    On July 18, 2014, the International Trade Commission (the “Commission) issued a notice determining to review in its entirety the Initial Advisory Opinion (“IAO”) issued by ALJ E. James Gildea in Certain Sleep-Disordered Breathing Treatment Systems And Components Thereof (Inv. No. 337-TA-879) and to issue a Commission Advisory Opinion. By way of background, this advisory opinion proceeding was initiated by Respondents Apex Medical Corp. and Apex Medical USA Corp. (collectively, “Apex”).  Apex sought an advisory opinion in order to confirm that their redesigned sleep-disordered…
  • Federal Circuit Affirms In X2Y Attenuators Appeal (2013-1340)

    Eric Schweibenz
    23 Jul 2014 | 6:37 am
    On July 7, 2014, the Federal Circuit issued its opinion in X2Y Attenuators, LLC  v. Int’l Trade Comm’n (2013-1340).  This was an appeal by X2Y Attenuators, LLC (“X2Y”) from the International Trade Commission’s (the “Commission”) final determination in Certain Microprocessors, Components Thereof, and Products Containing Same (Inv. No. 337-TA-781). In the opinion, the Federal Circuit affirmed the Commission’s final determination of no violation of Section 337 by Intel Corp., Intel Americas, Inc., Componentes Intel De Costa Rica S.A., Intel Technology Sdn. Bhd, Intel Products…
  • ALJ Bullock Sets 15-Month Target Date In Certain Archery Products (337-TA-919)

    Eric Schweibenz
    21 Jul 2014 | 1:59 am
    On July 18, 2014, Chief ALJ Charles E. Bullock issued Order No. 6 in Certain Archery Products and Related Marketing Materials (Inv. No. 337-TA-919). By way of background, this investigation is based on a May 9, 2014 complaint filed by Bear Archery, Inc. and SOP Services, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain archery products that infringe one or more claims of U.S. Patent Nos. RE38,096, 6,978,775, and 7,226,375, and related marketing materials that infringe U.S. Trademark Reg. No. 2,501,255 for the mark WHISKER BISCUIT ARROW REST and U.S.
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    Gamso - For the Defense

  • Is It Really Botched If He Ends Up Dead?

    25 Jul 2014 | 4:46 am
    An hour and 57 minutes.He gasped some 650 times for all but the last 17 minutes or so.They gave him the fucking drugs a second time because, well, who knew if he'd ever die.It was torture said John McCain who knows a thing or two about torture.Smooth sailing said Jan Brewer and the AG and Kent Scheidegger and a spokesman for Arizona's DOC who all declared, with the certainty of the ignorant, that he was sound asleep through the whole thing and felt absolutely no pain or discomfort even if it took longer than they'd expected.The family of his victims complained that it wasn't nearly ugly…
  • They Finally Tested the Fucking DNA. Nobody Cares What It Shows.

    24 Jul 2014 | 7:25 pm
    So now what happens?I'm talking about Doug Prade about whom I've written a couple of times before.  He's a former Akron cop.  In 1998 the jury said he was guilty of murdering his ex-wife, Margo.  Shooting her to death.  He said, always said, he didn't do it.  And then they tested the DNA.  Oh, sure, he had to fight his way to the Ohio Supreme Court, but by a 5-2 vote, they allowed him to try and convince the trial court to order it to be tested.  All he had to do was convince the court that a test might be outcome determinative.  Which he did.See,…
  • It's Complicated. And the Law of Rule

    19 Jul 2014 | 11:19 pm
    Like Judge Kopf, I was sent a copy of Uncertain Justice: The Roberts Court and the Constitution by a publicist at Henry Holt & Company in the hope that I would review it.  And like Judge Kopf, but without the initial internal debate about whether I should accept the book and consider reviewing it (I had no hesitation at all), I did.  Here's the basic idea:  The 9 folks who sit on the Supreme Court are all individuals.  While it's easy to say that Ginsburg, Kagan, Sotomayor, and Breyer are generally on the liberal side of things while the others are generally…
  • life in prison, with the remote possibility of death.

    17 Jul 2014 | 12:21 am
    Cormac Carney went to the Air Force Academy for a year, then transferred to UCLA where he played football.  He played professionally for a year after college, then went to Harvard for law school.  In January 2003, Bush the Younger nominated him to be judge of the U.S. District Court, Central District of California.  He was confirmed by the Senate three months later.None of that, except indirectly the fact that he's a judge, is why I'm writing about him.  Hell, it isn't why I wrote about him in 2009 or 2011, either.  I write about him every couple of years because…
  • Especially When It's Hard: Falling on One's Sword

    15 Jul 2014 | 9:15 pm
    I got a call today from a good lawyer hoping I could give him some advice.  He'd been appointed to do an appeal on behalf of a guy whose trial counsel was, to put it delicately, horrifically incompetent.  So bad that after he filed his brief in the court of appeals explaining just how and why the trial lawyer fucked up so badly that he didn't even reach the insanely low bar of constitutional effectiveness (hold a mirror to the lawyer's nose; if it fogs up, he was sufficiently competent), the prosecutor filed a brief saying agreeing that the lawyer was so bad that the client should…
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    Technically Legal

  • Patently-O: Data Structures Patent Ineligible

    Ben Snitkoff
    23 Jul 2014 | 3:14 pm
    It’s been a slow couple of weeks in tech-law news, so here’s some great analysis by Patently-O on a recent software patent case. Related posts: SCOTUS Hands Down Two More Unanimous Patent Opinions The opinions are in the hotly anticipated Akamai case, where... Patent Reform Likely Dead This Term Patently-O is reporting that patent reform has been taken off... District Court Awards Fees In Patent Dispute The blogosphere has been going a little bonkers over a...
  • Hallmark Cards, PowerPoint, and Trade Secrets

    Ben Snitkoff
    15 Jul 2014 | 10:46 am
    The Eighth Circuit affirmed a strong win for Hallmark in an appeal of a trade secret case. In 2001, Hallmark contracted with Monitor, a consulting group, to do research on the greeting card industry. The research was to be kept strictly confidential. Monitor delivered a series of PowerPoint presentations with their findings. Hallmark then presented a few general conclusions from the presentations at a conference. Monitor was closely affiliated with Clipper, a private equity firm that leveraged its relationship with Monitor to invest in companies. After Monitor began its relationship with…
  • Tenth Circuit Gives a Lesson in Writing Copyright Infringement Reports

    Ben Snitkoff
    11 Jul 2014 | 12:54 pm
    The Tenth Circuit Court of Appeals released an opinion strongly chastising a special master for deficiencies in his report analyzing whether certain software infringed a copyright. As discussed here recently, when determining whether software infringes copyright the proper analysis is whether the accused code copies original and protecable aspects of the original software product. This appeal arose out of a dispute between relatives over a payroll company. An uncle went into business with a niece and nephew. After relations soured, the uncle started his own business and allegedly copied the…
  • Put This In Your Hookah and Smoke It

    Ben Snitkoff
    9 Jul 2014 | 11:24 am
    The Ninth Circuit, appealing to my unending love of utility defense to copyright and trademark suits, held that the shape of a hookah is not protected by copyright law. The opinion, first published in early June but recently revised, follows a dispute between two companies selling hookahs in the United States. The plaintiff, Inhale, Inc., obtained a copyright registration on a hookah with a skull and crossbones printed on the glass. After obtaining the registration, they filed suit against Starbuzz Tobacco, Inc., alleging that Starbuzz’s hookah, which did not feature the skull and…
  • Raise or Waive – The Federal Circuit on Appellate Strategy

    Ben Snitkoff
    8 Jul 2014 | 10:24 am
    The Federal Circuit sent a strong message regarding what relief you ask for in your appellate briefs: in short, if you don’t raise the argument, you waive it, even if it seems unfair. Becton was involved in a patent dispute with plaintiff Retractable Technologies. After a jury trial, Becton was found to infringe a patent with regard to its 1 ml and 3 ml syringes. The jury returned a verdict in favor of Retractable for $5 million, but did not apportion damages across the two infringing devices. On appeal, Becton argued that the court should order a new trial on infringement and validity…
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    Bitter Lawyer

  • Are Tattoos Replacing Lawyer Business Cards?

    Gregory Luce
    5 Jul 2014 | 11:42 am
    As a practical legal futurist, I’m paid a paltry sum to predict things. But I typically do better than the schleps over at legal marketing and technology blog Lawyerist, who posed this question a while back: Lawyers, Is It Time to Toss Your Business Cards? First of all, the answer is yes. Just yes—most competent lawyers already knew this. But, unlike the novitiates over at Lawyerist, it’s not because of AOL, Quora, and other more passe social media like Twitter and Bitcoiner. It’s because of a recent shift in focusing on “uber” social media, which combines…
  • Lawyer Receives Prestigious Award for Tweeting Excellence

    Gregory Luce
    16 Apr 2014 | 8:28 am
    An Alabama lawyer has received a top legal award for professional excellence because of his extensive tweeting, a bar association trade magazine reported Wednesday. Carl Malmquist, who tweets under the handle “AlaAtty4u,” provides off-color legal commentary about ERISA law and legal tech. He also live-tweets dramatic re-readings of historic U.S. Supreme Court opinions. His live-tweeting of the Toledo ERISA Law Conference earlier in the year was widely praised for its accuracy, wit, and social media vision. “We felt Mr. Malmquist really humanized all lawyers, especially ERISA lawyers,…
  • 5 Obsolete Legal Technologies that Shouldn’t Be Obsolete

    C. Hank Peters
    27 Mar 2014 | 8:36 am
    Lawyerist, which happens to be live-blogging some nerd confab in Illinois at the moment, recently admitted it doesn’t use quill pens or mimeographs anymore. More disappointingly, it came up with a somewhat blasphemous list of six legal technologies that should go the way of the Dodo bird, like the copier, fax machine, Dictaphone, and typewriter. Whatever. Except for the copier (which is too complicated for my liking), I use each one of these—and others, like the paperweight—in my practice and advise lawyers to do do the same. Why? We’ve moved far away from our…
  • Top Lawyer Ads & Stuff on Flickr

    Gregory Luce
    25 Mar 2014 | 8:52 am
    Where else can you find a multitasking lighter and beer opener than in Vegas? If Nevada lawyer and Half Price founder Adam Stokes has his way, you should see Half Price Lawyers franchises, lighters, and bottler openers not only in Vegas but also just down the street from you. Maybe you’ve already seen the billboards? As the ABA Journal earlier reported about Stokes’s discount law firm model: On any given day more than a dozen experienced lawyers, both staff and contract, help churn cases through Half Price Lawyers’ doors in a fashion Stokes proudly likens to a factory production…
  • Bitter Lawyer’s Quick Guide to Bitters

    The Boozy Beggar
    27 Feb 2014 | 6:14 am
    Once upon a time, to ask for a cocktail meant to ask for a spirit of your choice, mixed with water, sugar, and bitters. All three worked to balance and enhance the spirit lying underneath, awakening and taming it’s flavor, showing off it’s strengths, hiding its weaknesses. Now we just call this an Old-Fashioned, as in the old way of making cocktails, but bitters still play an essential role. Too sweet, too boozy, too bitter, too dry, and no one wants a second—or to finish the glass. Bitters are a main component in finding the balance. Their use slowly faded away until finally it…
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    Rochester Bankruptcy and Debt Relief

  • Executory Contracts and Leases in Bankruptcy

    5 Jul 2014 | 6:43 pm
    In Chapter 7 and Chapter 13 Bankruptcy cases, debtors have an opportunity to either continue or terminate any executory contracts or leases. That typically means that debtors will list their executory contracts and unexpired leases on the bankruptcy petition and declare their intention to either to accept or to reject those contracts. If such contracts are not timely assumed, they are deemed rejected, and debtors are released from further performance under those contracts. An executory contract is an agreement that has not been completed. A contract is an agreement between two or more parties…
  • Upcoming Chapter 7 and Chapter 13 Bankruptcy Filing Fees Increases

    3 May 2014 | 5:17 pm
    It seems inevitable that bankruptcy filing fees are going up again.  The Judicial Conference which determines the amount of various filing fees associated with bankruptcy cases has approved a fee increase which will be effective on June 1, 2014. The fees for filing a chapter 7 case will increase from $306.00 to $335.00. The fees for filing a chapter 13 case will increase from $281.00 to $310.00. This is a $29.00 increase in the filing fees for both Chapter 7 and Chapter 13 Bankruptcies. The fees for filing an adversary proceeding will increase as well to $350.00. However, debtors are not…
  • Creditors’s Responsibilities After Bankruptcy Filing

    6 Apr 2014 | 2:37 pm
    On the bankruptcy petition is filed, the bankruptcy automatic stay is in effect in Chapter 7 and Chapter 13 bankruptcies, and virtually every type of collection activity is called to a halt. The bankruptcy court enters an order under 11 U.S.C §362, which prohibits nearly all creditors from taking any type of collection action. What happens if the bankruptcy automatic stay is violated? If a creditor violates the automatic stay by accident, it must return the money or stop the collection action as soon as it learns about the bankruptcy. However, if the stay violation is done by the creditor on…
  • Debtors and Failure to Turnover Nonexempt Assets

    23 Mar 2014 | 6:50 pm
    In Chapter 7 bankruptcy cases where debtors have nonexempt assets, debtors have an obligation to transfer those assets to the bankruptcy trustee. It is very common for such assets to be debtors’ tax refunds. In this situation, at the meeting of the creditors, debtors are asked to sign a stipulation which is usually incorporated into a subsequent court order, agreeing to turn nonexempt tax refunds, or a part of them, to the bankruptcy trustee.  If debtors do not do so, they are subject to serious consequences which may include loss of their discharge, contempt of court or monetary…
  • Chapter 13 Bankruptcy, Co-Debtors and Automatic Stay

    2 Feb 2014 | 1:35 pm
    I am often asked if automatic stay in bankruptcy will protect debtor’s cosigner, otherwise known as co-debtors, from creditors.  The answer to that question depends on a number of factors and the type of bankruptcy filed. Typically, cosigner liability comes into being after debtor’s friend or relative was asked to cosign a loan, so that debtor could obtain credit. If the debtor is forced to file a bankruptcy sometime thereafter, the following is likely to occur. In order for the automatic stay provided by 11 U.S.C. §1301 to protect the co-debtor, the debtor must file a Chapter…
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    The Jury Room

  • Disgust and lost confidence in our institutions

    Rita Handrich
    28 Jul 2014 | 4:02 am
    The American Bar Association is seeking nominations until August 8, 2014 to help it decide on the Top 100 law blogs (“Blawgs”). We have been in the ABA Top 100 for the past 4 years and would like to make it 5! If you like this blog, please nominate us (it’s fast and free) here. THANKS! Doug and Rita For several years now, we have watched our mock jurors express increasing disgust at government, large corporations, and politicians. We have written before about their unwillingness to identify with a national political party and the 2014 Gallup Poll showing the same pattern we have…
  • Teaching people about neuroscience can make them softer on crime!

    Douglas Keene
    25 Jul 2014 | 4:02 am
    The American Bar Association is seeking nominations until August 8, 2014 to help it decide on the Top 100 law blogs (“Blawgs”). We have been in the ABA Top 100 for the past 4 years and would like to make it 5! If you like this blog, please nominate us (it’s fast and free) here. THANKS! Doug and Rita We regularly follow the neurolaw literature and about a year ago, we blogged about how judges are softer on crime when educated about the brains of psychopaths. Well. Judges are people too and a recently published study shows it isn’t just judges who are affected by neuroscience…
  • Male body shame and aggression against women (“rape proclivity”)

    Rita Handrich
    23 Jul 2014 | 4:02 am
    The American Bar Association is seeking nominations until August 8, 2014 to help it decide on the Top 100 law blogs (“Blawgs”). We have been in the ABA Top 100 for the past 4 years and would like to make it 5! If you like this blog, please nominate us (it’s fast and free) here. THANKS! Doug and Rita This is an odd study from which researchers draw conclusions about sexual aggression that seem unwarranted. The research involved causing men to feel their identity as men was being insulted by women, and gauging the hostility of the reaction. The methods they used to elicit aggression…
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    Karl Bayer's Disputing Blog

  • Fifth Circuit Says Decision to Remand a Dispute Back to Arbitral Panel for Clarification May Not be Appealed

    Beth Graham
    28 Jul 2014 | 6:18 am
    On Friday, the United States Court of Appeals for the Fifth Circuit refused to review a district court’s decision to remand a dispute back to the original arbitral panel.  In Murchison Capital Partners, LP v. Nuance Communications, Inc., No. 13-10852, a limited partnership (“Murchison”) claimed that Nuance Communications (“Nuance”) fraudulently induced the partnership’s members to approve a merger with Nuance in return for a lump sum payment and contingent future revenues from a specific software program.  After Nuance refused to pay additional revenues to the Murchison…
  • What the Numbers Tell Us About How State Courts Apply the Unconscionability Doctrine to Arbitration Agreements

    Beth Graham
    24 Jul 2014 | 6:32 am
    Susan Landrum, Director of the Office of Academic Achievement at the Savannah Law School, has published Much Ado About Nothing?: What the Numbers Tell Us About How State Courts Apply the Unconscionability Doctrine to Arbitration Agreements, Marquette Law Review, Vol. 97, No. 3, 2014. In her article, Ms. Landrum examines how courts in 20 states applied the unconscionability doctrine to arbitration and other contracts over a 22-year time period. Here is the abstract: This Article evaluates how state courts have applied the unconscionability doctrine to contracts, including those involving…
  • Three Surveys Offering New Insights into ADR Practices

    Renee Kolar
    22 Jul 2014 | 6:30 am
    Professor Thomas Stipanowich recently posted information regarding three major surveys conducted by the The Straus Institute’s Theory-to-Practice Research Project that produced a wide array of new information on arbitrator and mediator practices as well as insights into corporate use of ADR.  Two of the surveys focused on dispute resolution professionals: a survey of experienced arbitrators with the cooperation of the College of Commercial Arbitrators (CCA), and a survey of experienced mediators with the cooperation of the International Academy of Mediators (IAM).   The third was a…
  • Does Mediation Still Promote Settlement?

    Renee Kolar
    21 Jul 2014 | 6:30 am
    Experienced and well-renowned mediator, Jeffery Krivis, just posted an article on the current role of mediation in achieving efficient and cost-effective settlements entitled The Settlement Drift. Check it out! Read The Settlement Drift, Part I Read The Settlement Drift, Part II Read The Settlement Drift, Part III
  • U.S. Proposes Convention to Enforce Mediated Settlements to UNCITRAL

    Beth Graham
    20 Jul 2014 | 6:00 am
    Earlier this month, the United Nations Commission on International Trade Law (UNCITRAL) approved its draft UNCITRAL Convention on transparency in treaty-based investor-State arbitration at its 47th session in New York City. The UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration adopted by the Commission in 2013 provide a procedural framework for making information available to the public on investment arbitration cases arising under relevant investment treaties concluded after 1 April 2014. Application of the Rules on Transparency to arbitration cases arising under…
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    South Florida Lawyers

  • Marriage Equality Victory, Miami Edition

    25 Jul 2014 | 4:17 pm
    I'm just thrilled!The flood of cases that have come out since Windsor amply demonstrates this truth as not one court has found a same-sex marriage ban to be constitutional. As case after case has come out, unified in their well-reasoned constitutional condemnation of the deprivation of one class of person’s right to marry, the answer to the question of whether it is constitutionally permissible to deprive same-sex couples of the right to marry has become increasingly obvious: Of course it is not. Preventing couples from marrying solely on the basis of their sexual orientation serves no…
  • Judge Rebull Says "No Lomi Lomi!"

    Guest Blogger
    25 Jul 2014 | 2:37 pm
    I know, I know: this article is Rumpole's turf, but he doesn't work on Friday afternoons unless he is in trial and the matter tickled my fancy.A Miami-Dade judge on Friday ordered an upscale Coconut Grove salon to reveal to authorities the name of a woman who complained she was sexually assaulted by a massage therapist. Lawyers for the Tiano Salon & Spa lawyers had been fighting prosecutors’ attempts to identify the woman, saying they believed the woman wanted to remain private because she had never reported the July 2013 incident to police. But prosecutors told Miami-Dade Circuit Judge…
  • Red (Jacket) Alert!

    South Florida Lawyers
    25 Jul 2014 | 7:46 am
    Here Spencer is making not just a sartorial point, but an economic one as well:For nearly 25 years, I have represented the families of those who have been negligently killed in Florida in all sorts of personal injury wrongful death cases, ranging from traffic accidents to medical malpractice.  Under Florida Statute Section 768.21(2),"The surviving spouse may also recover for loss of the decedent's companionship and protection and for mental pain and suffering from the date of injury."According to Section 741.212, a surviving spouse must have been in a legally recognized marriage, defined…
  • He's Back!

    South Florida Lawyers
    24 Jul 2014 | 7:23 am
    Tan, ready, and rehabilitated:Henry "Hank" Adorno, whose law firm collapsed after he mishandled a class action settlement, can practice law again.The Florida Supreme Court on Wednesday reinstated Adorno's license, which was suspended for three years in October 2010.Adorno once ran the nation's largest minority-owned law firm, Adorno & Yoss, with about 200 lawyers in offices scattered throughout the country.But he was the target of a Florida Bar investigation for his handling of the city of Miami over an unconstitutional fire fee. The $7 million settlement was divvied up between his Coral…
  • 3d DCA Watch -- Dear Nonresidents: Don't Get Sick in Our City!

    South Florida Lawyers
    23 Jul 2014 | 10:57 am
      Judge Rothenberg (see, I can spell it right!) gets a lot of attention in our 3d DCA Watch posts, perhaps because she is very active.Here she is reversing Judge Schumacher in a class action involving Miami charging nonresidents more for emergency services:The City of Miami (“City”) appeals the trial court’s final summary judgment, which struck down a provision in section 2-234 of the City of Miami Code that requires non-residents of the City to pay $100 more than residents of the City who use the City’s emergency medical transportation services (“non-resident surcharge.”).1…
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    eLessons Learned

  • Another Reminder That Attorneys Are Responsible for the e-Discovery Behavior of Their Clients

    28 Jul 2014 | 6:00 am
    In the summer of 2013, the Northern District of California conducted a hearing over a motion to compel discovery responses which stemmed from e-discovery disagreements.  The plaintiff was a corporate investor in the defendant pharmaceutical company developing bovine-derived oxygen therapeutics.  A corporate officer of the pharmaceutical company was also named a defendant.  The plaintiff alleged [...]
  • Have You Demonstrated Prejudice For Your Spoliation Sanctions? The Tenth Circuit Requires It

    25 Jul 2014 | 6:00 am
    Defendant Rain Link, Inc. received notice that the plaintiff was accusing the company for violating the Americans with Disabilities Act and the Kansas Act Against Discrimination by its receving a letter written by the Kansas Human Rights Commission dated June 10, 2009.  Rain Link acknowledged that it anticipated litigation and, therefore, had a duty to [...]
  • UPCOMING EVENT: Pan-Pacific Data Privacy Laws & Regulations: Impact on US E-Discovery, April 24, 2012

    Frank Gonnello Jr.
    20 May 2014 | 3:57 am
    On April 24, 2012, a CLE-creditworthy webinar on international privacy laws and regulations as they pertain to eDiscovery will be broadcast to anyone registered for the free event. The event is hosted by UBIC North America, and looks to be a pertinent discussion on emerging international eDiscovery considerations. From the registration page: E-Discovery professionals focus [...]
  • FBI Warns of “Ransomware” Scam That Freezes Your Computer

    28 Apr 2014 | 5:30 am
    And product desired propecia without prescription india lashes the, application item great It no prescription drugs after have. Easier this buy levothyroxine without prescription sexy tax packaging attention title the needed being suitcase. Competitive still pharmacy no rx paypal great to – soothing around– skin and while buy paxil online no prescription [...]
  • Defendant’s Shortcomings in Discovery Result in Sanctions

    31 Mar 2014 | 8:00 am
    The plaintiff, Tony B. Clay, brought claims for employment discrimination and retaliation based on race under Title VII against Consol Pennsylvania Coal Company (“Consol”). The electronically stored information (ESI) in question are emails that specifically mentioned Clay. These emails discussed his employment, termination, and the allegedly racist remarks made about Clay, which are at the [...]
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    Lawyer Advertising & Attorney Marketing

  • How Clients Search on the Internet

    Philip Franckel, Esq.
    22 Jul 2014 | 9:50 pm
    Potential clients are searching for lawyers on the Internet using longtail keywords. FindLaw found that longtail keyword searches where someone was looking for a lawyer accounted for 32% of all searches.  67% were less valuable research queries using regular keywords, such as “DUI laws in Texas”. What’s the difference between a regular keyword, keyword phrase […] The post How Clients Search on the Internet appeared first on Lawyer Advertising & Attorney Marketing.
  • Cloud Sync Storage 20GB and more free

    Philip Franckel, Esq.
    10 Apr 2014 | 7:42 pm
    Get a free 20GB account at to backup & sync all of your computers, tablets and smartphones.  I now use for my law office. will give you 15 GB of free storage when you open an account but you’ll get an additional 5 GB of free storage if you sign up using […] The post Cloud Sync Storage 20GB and more free appeared first on Lawyer Advertising & Attorney Marketing.
  • How Can Your Video Stand Out From the Competition?

    Philip Franckel, Esq.
    8 Mar 2014 | 6:12 pm
    Do you have videos on your law firm website? You should! 90% of users say a video about a product is helpful to their decision process (For statistics, see unisourceworldwide and digitalsherpa). Video marketing is very different than a TV commercial.  A TV commercial is usually a 10, 15 or 30 second advertising spot while […] The post How Can Your Video Stand Out From the Competition? appeared first on Lawyer Advertising & Attorney Marketing.
  • Lawyer’s 2 minute local Super Bowl ad!

    Philip Franckel, Esq.
    6 Feb 2014 | 8:47 pm
    A personal injury attorney aired an unbelievable 2 minute long halftime TV commercial in a Super Bowl ad.  No, the ad wasn’t national – it was local, aired in Savannah, GA but it’s still costly and it was 2 minutes long!  The TV ad features heavy-metal music and looks like a movie trailer. The lawyer, […] The post Lawyer’s 2 minute local Super Bowl ad! appeared first on Lawyer Advertising & Attorney Marketing.
  • How To Get More Time For Advertising and Marketing

    Philip Franckel, Esq.
    31 Jul 2013 | 1:26 pm
    Advertising and marketing costs more than money.  It costs your time.  Additionally, lawyers have to work harder and more efficiently to earn the same legal fees of years ago. Advertising efforts can be delegated to an advertising agency but you still need to spend your time overseeing your advertising campaign.  If you have no idea […] The post How To Get More Time For Advertising and Marketing appeared first on Lawyer Advertising & Attorney Marketing.
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    Compliance Building

  • Weekend Reading: Busted

    Doug Cornelius
    26 Jul 2014 | 6:00 am
    What do you do when the whistleblower sitting in front of you is an unreliable drug addict? Maybe you see some nugget of truth in the story. Maybe you see some way to find reliable evidence that proves that nugget of truth. Wendy Ruderman and Barbara Laker, reporters at Philadelphia’s Daily News were confronted with this situation when Benny Martinez walked into the newsroom with a tale of police misconduct. He claimed that narcotics-unit officer Jeffrey Cujdik fabricated evidence in at least two dozen cases. But Benny was not a reliable witness. He was a drug addict and criminal. One…
  • Compliance Bricks and Mortar for July 25

    Doug Cornelius
    25 Jul 2014 | 5:00 am
    Book de Tour by Greig Leach These are some of the compliance-related stories that recently caught my attention. What an Employment Lawyer Can Learn From Minecraft (or Not) by Daniel Schwartz in the Connecticut Employment Law Blog Minecraft is teaching a whole generation of “kids” (and not so “kids”) about the value of teamwork in a corporate culture. Moreover, there is now a large segment that will have this joint experience together.  A generation that will come up building things and doing things online in a joint way that many of us will just not understand. At all. Bribery:…
  • Money Market Fund Reform Makes My Head Hurt

    Doug Cornelius
    24 Jul 2014 | 5:00 am
    One of the critical moments of the 2008 financial crisis was caused by Lehman Brothers and its effect on the Reserve Fund, a money market fund. The fund had a significant amount of short-term debt issued by Lehman. Enough that the fund had to ‘break the buck.’ Now even “cash” was not a safe place to invest capital. The Securities and Exchange Commission has been looking at this problem for years and issued final rules yesterday in an attempt to fix the problem. The first fix is removing the fiction that a money market fund has a share price of $1. Money market funds…
  • Compliance Failures and Performance Measure

    Doug Cornelius
    22 Jul 2014 | 9:00 am
    Progress Rail is under criminal investigation for failures in its railcar and locomotive repairs operation. Investigators claim that it was charging owners of rail equipment for making unnecessary repairs and replacements. There is also an environmental claim because the investigation indicates that workers were dumping parts in the ocean to hide them from auditors. That environmental claim caught the attention of what otherwise may have been a billing dispute. Railcar owners and the railroads hire Progress Rail to make repairs or replace worn brake shoes, wheels and other components. Ten…
  • Compliance and Dodd-Frank at Four

    Doug Cornelius
    21 Jul 2014 | 11:29 am
    It’s been four years since the Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law. President Obama sat down on July 21, 2010 to sign the behemoth of a bill that was the most dramatic change to financial industry in years. Besides the hundreds of pages of text in the law itself, the law also mandated almost 400 regulatory rulemakings. All of this has made compliance professionals in the financial industry very busy. Of the 398 rulemaking requirements in the law, 280 had specific deadlines. Of those, 127 have missed their deadlines. Of those 127, regulators have…
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    Simmons Firm

  • Simmons Hanly Conroy Attorneys to Receive 40 Under 40 Award

    Simmons Hanly Conroy
    24 Jul 2014 | 12:37 pm
    The honorable 40 Under 40 Award is presented by The National Trial Lawyers organization. This award extends an invitation into the 40 Under 40 professional organization to its recipients. The invitation-only professional organization consists of the top 40 trial lawyers from each state as well as highly populated areas within certain states. The selections are based off of a combination of peer nominations and third party research. Simmons Hanly Conroy is proud to announce that several of our lawyers received invitations for the top 40 in Illinois. The list includes: Suvir Dhar Karoline…
  • The Potential of Targeted Cancer Therapy for Mesothelioma Treatment

    Amy Fair
    21 Jul 2014 | 6:46 am
    A mesothelioma diagnosis is often followed by typical cancer treatments such as surgery, chemotherapy or radiation. These treatments can be accompanied by harsh side effects such as hair loss, nausea, fatigue, pain and more. The reason is because chemotherapy and radiation attack not only the cancer cells, but the healthy cells, too. New advances in cancer treatment show “targeted” cancer therapies could offer an alternative option for cancer patients. These treatments target only the harmful cancer cells by attacking the tissue environment that contributes to the cancer’s growth and…
  • Asbestos and Mesothelioma News Wrap Up: June 2014

    Amy E. Garrett
    30 Jun 2014 | 6:02 am
    The asbestos attorneys at the Simmons Firm are dedicated to providing the latest asbestos and mesothelioma news to keep you up to date. Below is a short list of some of the most recent news stories covering asbestos exposure, mesothelioma research and other news from across the world. Penn Medicine gets $10 million grant to investigate asbestos contamination in Ambler Penn Medicine is taking a closer look at why some Ambler, PA residents who were exposed to asbestos died from mesothelioma, while others who were exposed did not. Researchers are crediting the residents of Ambler and their…
  • Acting Surgeon General Speaks on Public Health Mission and Asbestos

    Perry J. Browder
    18 Jun 2014 | 6:00 am
    At the 2014 ADAO Asbestos Awareness Conference, keynote speaker Rear Admiral Boris D. Luchniak, MD, MPH delivered a speech on public health which included the topic of advocacy for asbestos exposure awareness. The acting surgeon general focused heavily on core public health functions, including the assessment and monitoring of the health of communities and populations at risk, and the formulation of public policies. “We’re here to protect, promote and advance the health and safety of the world when it comes to asbestos as a subset of all the world problems,” Luchniak said during the…
  • Attend the 5th Annual Butterfly Release Benefiting Simmons Cancer Institute

    John Simmons
    12 Jun 2014 | 6:00 am
    If you live in central or southern Illinois and have been affected by a serious health issue (or know someone who has), consider attending the 5th Annual Butterfly Release at 10 a.m. on Saturday, June 22. The event, which benefits the Simmons Cancer Institute at Southern Illinois University School of Medicine, will take place in the Thomas Garden of Hope, Simmons Cancer Institute, 315 W. Carpenter Street, Springfield, IL. The purpose of the event is to celebrate, encourage and support all individuals who have been impacted by a negative health issue, such as cancer. The event also strives to…
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    Texas Wills and Trusts Law Online

  • How Can I Protect an Inherited IRA from Creditors?

    Rania Combs
    21 Jul 2014 | 7:00 am
    If you’re like most Americans, one of your largest assets is your Individual Retirement Account (“IRA”). Your IRA is considered a “retirement fund” and the money it contains is  protected from creditors who seek to recover debts in bankruptcy. An owner of an IRA can pass it down to a beneficiary when he or she dies by making a proper beneficiary designation. If the beneficiary is a surviving spouse, the IRA can be rolled over into the surviving spouse’s IRA and can remain protected. But what happens if the spouse doesn’t roll the assets into his or her own IRA, or if someone…
  • Living Trust Scams

    Rania Combs
    11 Jul 2014 | 7:00 am
    Many of us have seen advertisements touting the benefits of a living trust. Salespersons who promote living trusts claim they can reduce taxes, protect assets from creditors, and reduce the time and expense of probate, seemingly suggesting that other forms of estate planning cannot achieve those goals. According to the State Bar of Texas, sales of living trusts are a growing area of consumer fraud perpetuated by various myths.  Among them are: MYTH: Living Trusts Save Taxes. FACT: In 2014, only estates worth more than $5.34 million will subject to federal estate taxes. That means that the…
  • Going Out With A Bang

    Rania Combs
    4 Jul 2014 | 10:00 am
    Cremation is increasing in popularity. Currently more than 40 percent of people who die choose cremation, and the numbers are rising. According to recent reports more than 50 percent of Americans will chose cremation by the end of this decade. I’ve noticed that trend in my practice as more and more of my clients choose cremation over burial. With cremation comes the decision about what should be done with one’s cremated remains. In the past, keeping cremated remains in an urn, burying the remains, or scattering the ashes in a quiet spot were the only options. Things have changed as the…
  • Can I Add a Self-Proving Affidavit to a Holographic Will?

    Rania Combs
    27 Jun 2014 | 7:00 am
    I have written before about the benefit of adding a self-proving affidavit to an attested Will. Doing so typically save time and expense because it eliminates the need that sworn testimony from witnesses will be required to prove up the Will as the decedent’s Last Will and Testament. Holographic Wills can also be self-proved, which will eliminate the need for testimony from two people familiar with the testator’s own handwriting to prove it up. According to Section 251.107 of the Texas Estates Code, a holographic Will can be made self-proved at any time during the testator’s lifetime…
  • Can I Make Handwritten Modifications To My Typewritten Will?

    Rania Combs
    16 Jun 2014 | 7:00 am
    Your typewritten Will likely reflected all your wishes when it was written, but things may have changed. It may be that you’d like to replace the executor you originally selected with another trusted family member. Or perhaps, you’ve decided that you’d like Grandma’s china to pass to your niece, rather than your nephew, and your newly acquired Harley Davidson motorcycle to pass to your brother. Because the changes seem so minor, you might consider just striking out some names, and replacing them with others, or inserting a line or two in your original Will. For good measure, you…
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  • Tantrum Over Irrelevant Facebook Research Reveals Gaping Digital Naivety

    Dave Wieneke
    3 Jul 2014 | 9:33 am
    Better controversial than inconsequential?The media tantrum complex — those who fill continuous air time with breaking news and acrimony have no incentive to point out that the findings of Facebook’s controversial research are all but meaningless. Facebook too has a sort of perverse incentive to encourage hand wringing over the power of their newsfeed, even though the actual published results suggest its impact is at best a rounding error.  Histrionic headlines, such as Atlantic Monthly’s  “Facebook’s Secret Mood Manipulation Experiment” inflate routine…
  • Supreme Court Sides with Individual Rights on Harris v. Quinn and Hobby Lobby

    Dave Wieneke
    30 Jun 2014 | 9:13 am
    The effect of some Supreme Court rulings is immediate and clear, at least initially. Last week, the Court’s Aereo ruling brought a quick end to that service, which I’ve been a fan of here on these pages. Another ruling took routine cell phone searches out of the hands of local law enforcement, and perhaps from customs agents in the future as well. But the effects of today’s rulings against unions in Harris v. Quinn and for small firms with owners opposed to parts of the Affordable Care Mandate on moral grounds is anything but quick clear. Though the direction shared by both…
  • Free Webinar: Digital Personalization – Tues. June 10 w/ ISITE Design

    Dave Wieneke
    9 Jun 2014 | 6:59 am
    You’re invited to a free briefing by members of the ISITE Design team who are helping clients create more effective personalized clients across digital channels. ISITE’s Amanda Bernard will offer a down-to-earth framework and approach to begin personalization, including three foundational keys of personalization readiness:          Customer insight          Content strategy          Data and optimization Guest speakers include Barbara Holmes, Director of User Experience, and Derek Phillips, Content Strategy Practice Lead of ISITE Design. Please register…
  • Google’s “Trust Issue” Isn’t Good vs. Evil – Ask the Clients and Staff Who Fear It Most

    Dave Wieneke
    25 Apr 2014 | 12:19 pm
    Google: mistrusted by staffIts a bad sign when a lawsuit begins with executives warning one another to only communicate “verbally, since I don’t want to create a paper trail over which we can be sued later.” Well, that’s a bad for defendants — but a good one for plaintiffs. In this case, the plaintiffs are 64,000 employees from Google, Apple, Adobe and Intel, claiming three billion dollars in damages – as the biggest employers in their industry made deals on recruiting them. And the unwise executive who wrote “shh, don’t write about this”…
  • News Three Count: The End of America as the Internet’s “Mac Daddy”

    Dave Wieneke
    16 Mar 2014 | 4:54 am
    You can tell when an agency wants to minimize an announcements impact; they make it Friday afternoon. While we live in a 24/7 news cycle, the Saturday edition of most newspapers gets the week’s lowest readership, and feature writers who dig in on policy usually have weekends off. By Monday online sources will have had their way with the story, further minimizing the enthusiasm of news sources of record to jump in. Consider if the first of these stories  isn’t the kind of dumping that makes Saturday the best news day of the week. Taken together, this week’s news shows how…
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    A Connecticut Law Blog

  • McKeen Selected For Hartford Business Journal’s 40 under 40 Class

    Ryan McKeen
    21 Jul 2014 | 4:58 am
    This morning, the Hartford Business Journal announced it’s 2014 – 40 under 40 class. I’m proud to have been selected. A year ago yesterday, I began building McKeen Law Firm. I didn’t know where my office was going to be, what my firm was going to be named, or when I was going to open. Life had given me a blank slate. While my name makes the Hartford Business Journal – my success wouldn’t be possible without the support of many people. I’m most grateful to my family for supporting me. When I needed it the most they were they helped and believed in me.
  • McKeen Moderating Connecticut Landlord-Tenant Law Seminar

    Ryan McKeen
    16 Jul 2014 | 5:13 am
    “You’re going to look back and think this was one of the best things that’s happened to you professionally.” It surely didn’t feel that way at the time. Those were the words of a partner to me in my first year of practice. I was in the middle of one of the nastiest and most difficult cases that I’ve encountered in my nearly 9 years of practice. It was a commercial eviction. I am representing the landlord. The tenant is represented by two law firms. The tenants lawyers file every motion in the book seeking to delay and/or deny my client possession of their…
  • Helping Those In Need of Pro Bono Foreclosure Counsel

    Ryan McKeen
    13 Jul 2014 | 5:43 pm
    About five years ago, I stopped taking foreclosure defense cases. Defending a foreclosure action is always both frustrating and time intensive – banks lose documents. I made the decision to focus my practice on other areas of the law. I’ve never lost my desire to help homeowners in a time of crisis. So many people are an illness or job loss away from being a defendant in a foreclosure action. Those who find themselves facing foreclosure are confronted with overwhelming stress. In 2013, I signed up for the Hartford Judicial District’s volunteer attorney program to assist…
  • What Do You Need For A Paperless Law Office?

    Ryan McKeen
    10 Apr 2014 | 8:52 am
    It’s easy to overlook the small things. I spent two years designing and improving on my paper-less firm. Yet…..just last week, I purchased a low tech piece of equipment that makes a big difference. A power cord. Click here to view the embedded video. Taking notes on my laptop is great. However, until battery life significantly improves or wireless charging hits the market – power will always be an issue. While you are busy deciding on hardware and software it is easy to forget about power on the road. Watch the video below for a $4.99 low-tech must buy tool for your…
  • A Connecticut Bicycle Accident Attorney On Protecting Yourself Before An Accident

    Ryan McKeen
    27 Mar 2014 | 2:43 am
    Not only are drivers distracted – they are often uninsured or underinsured. Watch the video below to find out how you can protect yourself before getting on a bike. In Connecticut, your automobile policy will cover you on a bike. Having the right insurance makes a big difference in the event of a collision. Ask your insurance agent about maximizing your underinsured coverage and purchasing a conversion policy. Protect yourself – it’s dangerous out there. ____________________________ Attorney McKeen represents injured pedestrians, runners, and cyclists throughout Connecticut. Ryan can…
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    Legally India - News for Lawyers

  • Gov't consults on future of collegium system today with top advocates, CJIs & scholars

    28 Jul 2014 | 3:04 am
    The central government and its law minister Ravi Shankar Prasad are set to meet in Delhi with a number of advocates today, to discuss the shape of a constitutional amendment on judicial appointments, reported the Times of India. The panel to give feedback on a possible change to the collegium system includes “former CJIs AM Ahmadi, AS Anand, VN Khare and RC Lahoti; former AGs K Parasaran, Soli Sorabjee and Ashok Desai; eminent lawyers Fali Nariman, Shanti Bhushan, Anil Divan, KK Venugopal and Harish Salve; eminent jurists NR Madhava Menon and Upendra Baxi [and] attorney general Mukul…
  • Sanjay Kishan Kaul becomes Madras chief justice

    28 Jul 2014 | 1:02 am
    Punjab and Haryana high court chief justice Sanjay Kishan Kaul was today sworn-in as chief justice of the Madras high court. The 55-year-old Delhi University law graduate and former senior counsel replaces Justice RK Agrawal, who was elevated to the Supreme Court, and acting chief justice Satish K Agnihotri. [The Hindu]
  • Kapadia couldn't stop KGB's nod to Dinakaran: Katju continues anti-collegium campaign

    28 Jul 2014 | 12:57 am
    Justice Markandey Katju has continued his indictment of the collegium system on his blog, now alleging that then-Chief Justice of India (CJI) KG Balakrishnan pushed hard for the elevation of Justice PD Dinakaran to the Supreme Court, despite strong evidence of corruption against the latter. While not mentioning Dinakaran by name but dropping enough hints about his identity, Katju recounted from his own time as a Supreme Court judge, when he had told his senior brother judge Justice SH Kapadia (who was on the collegium and whom Katju said he holds “in great respect for his high integrity”)…
  • More than 20% of judges corrupt: Katju's 'seen the darker side intimately'

    27 Jul 2014 | 9:35 pm
    Markandey Katju, former Supreme Court judge and current Press Council chairman, has tweeted that the situation has worsened in the judiciary since former Chief Justice of India (CJI) SP Bharucha implied in 2001 that as many as 20 per cent of judges might be corrupt.Katju tweeted about the topic after a column on amending contempt of court laws was published by him in the Times of India and his blog: If someone calls a judge a fool inside the courtroom and goes away, in my opinion it is not contempt, for he has not stopped the functioning of the court.But if he keeps shouting in court the…
  • Gown not mandatory for advocates in district & lower courts: BCI

    26 Jul 2014 | 7:18 am
    The Bar Council of India (BCI) has stated that under Rule III of the BCI rules “wearing of advocate’s gown shall be optional except when appearing in the Supreme Court or in High courts”, reported the Times of India, and under Rule IV, “wearing of black coat is not mandatory” during summer.The relaxed dress code, communicated in a letter of 16 July by the BCI, was a response to a letter sent on 2 June by the Tamil Nadu Federation of Women’s Lawyers, requesting the exemption because of the inordinate heat in summer, particularly in Tamil Nadu.
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    Associate's Mind

  • What Did One Math Book Say To The Other?

    Keith Lee
    17 Jul 2014 | 7:31 am
    Law schools have traditionally done one thing with their students: taught them to “think like lawyers.” Through the Socratic method and study of case law, students are given the tools to analyze and understand the law. But as we all know, it doesn’t exactly prepare to students to practice as lawyers. But it’s also worth pointing out that law students come at their understanding of the law from the backend. Here is what a judge decided was the law in this particular situation. But that is not where things start. Things start when a client walks through your door, sits…
  • The Secret Ambition of Every Brief

    Keith Lee
    9 Jul 2014 | 11:18 am
    While researching something completely unrelated, I came upon a brief article by Justice Maria Rivera (First District Court of Appeal, Div. 4, CA) regarding writing briefs for appeals entitled: The Ten Commandments of Brief Writing. Before delving into the “Ten Commandments”, Justice Rivera leads off with the following quote from Mortimer Levitan from the article, “Confidential Chat on the Craft of Briefing.” Journal of Appellate Practice and Process, Vol. 4, No. 1 (Spring 2002): The secret ambition of every brief should be to spare the judge the necessity of engaging in any work,…
  • No Navigator, No Parachute, No Problem: Flying Solo – June 2014

    Florida Esq
    1 Jul 2014 | 10:19 am
    So, it’s the big six-month anniversary.  How are things looking now versus back in January? Find out after seeing the numbers for June Clients Referral from other attorneys: 7 Found me online: 2 Referral from area businesses: 1 Came to see me after speaking engagement: 1 Bumped into someone and gave them a business card: 2 Already knew me: 1 Total clients: 14 Expenses Advertising (new rack cards, bar association directory and magazine ad): $487 Office supplies (including payments to business credit cards & new phone charges): $671 Rent: $550 Lawyer Referral Service referral fee: $150…
  • How To Build A 20 Year Relationship With Your Clients

    Keith Lee
    26 Jun 2014 | 8:33 am
    In 1993, I walked into an outdoor equipment store looking for a pair of rock climbing pants. I had just been climbing and rappelling a week before and promptly decided that I was going to take up rock climbing. I was young and taking up a hobby every three months. They generally didn’t last. Like most young people I hopped from activity to activity – searching for something to hold my interests. I wandered about the store, fumbling around, not knowing what to look for. Eventually I came upon an odd pair of pants that were made exclusively for rock climbing. The pants were a mild…
  • The Most Common Logical Fallicies (InfoGraphic)

    Keith Lee
    25 Jun 2014 | 6:52 am
    Courtesy of, here is an infographic of some of the most common logical fallacies. Good for when you are arguing with someone over the internet or as a quick reference guide to make sure your writing isn’t hollow. Click for large version.  
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    Dangerous Drugs & Medical Devices

  • Autism, developmental delay risk raised 300% with SSRI exposure before birth

    Jared Fink
    25 Jul 2014 | 2:08 pm
    This past April, a piece by R.A. Harrington and a team from Johns Hopkins Bloomberg School of Public Health published in Pediatrics titled “Prenatal SSRI Use and Offspring With Autism Spectrum Disorder or Developmental Delay.” further illustrates the link between prenatal exposure to selective serotonin reuptake inhibitor drugs (SSRIs) and increased risk for autism and congenital malformations including heart defects, neurological birth defects, and other adverse birth outcomes. The objective of this article was to “examine associations between prenatal use of selective serotonin…
  • Study finds some babies more likely to have SSRI birth defects than others

    Jared Fink
    25 Jul 2014 | 12:08 pm
    Last summer, Developmental Psychobiology published a piece by S. Brummelte and a team from University of British Columbia (Vancouver) titled “Antidepressant use during pregnancy and serotonin transporter genotype (SLC6A4) affect newborn serum reelin levels.” exploring contributing genetic factors to susceptibility for SSRI-induced birth defects.  To-date, a number of studies have shown that in utero exposure to selective serotonin reuptake inhibitor drugs (SSRIs) like Prozac, Paxil, and Zoloft is linked to birth defects, but this paper presents the idea that babies with certain genetic…
  • 2005 – Higher rate of birth defects with Depacon in pregnancy

    Jared Fink
    22 Jul 2014 | 2:59 pm
    A 2005 article in Acta Neurologica Scandinavica by F.J. Vajda and a team from University of Melbourne (Australia) titled “Maternal valproate dosage and foetal malformations.” further elucidates the connection between prenatal exposure to antiepileptic drugs like Depacon and birth defects.  Because the manufacturers (Abbott Laboratories) failed to warn women of this risk in light of warnings from the U.S.FDA, class-action Depacon lawsuits have been filed around the world. Here, Vajda et al. (2005) aimed to “study the possible dose dependence of the foetal malformation rate after…
  • Depacon Doubles Risk for Birth Defects (At Least)

    Jared Fink
    22 Jul 2014 | 1:34 pm
    Another article demonstrating that prenatal exposure to antiepileptic drugs containing valproate like Depacon is associated with birth defects, “Valproate and the risk for congenital malformations: Is formulation and dosage regime important?” was published in the April, 2012 edition of the medical journal Seizure by E. Mawhinney et al. of Belfast, UK. In light of warnings to this effect by the United States FDA, the manufacturer of Depacon (also Depakote, Depakene) – Abbott Laboratories, Inc. – failed to warn women of these risks, prompting class-action Depacon lawsuits…
  • 2- to 3-fold increase in birth defects linked to Depacon / Depakote / Depakene

    Jared Fink
    22 Jul 2014 | 1:02 pm
    In 2005, a team of researchers from The University of Pavia (Pavia, Italy) published a study in Lancet Neurology titled “Birth defects after prenatal exposure to antiepileptic drugs.”, yet again demonstrating that in utero exposure to Depacon, Depakene, and Depakote (antiepileptic drugs containing valproate) is linked to an increased risk for spina bifida, other neurological birth defects, autism, and heart defects. The team behind this study, led by Perucca, writes “Exposure to antiepileptic drugs (AEDs) in the first trimester of pregnancy has been associated with an increased risk of…
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  • Law Firm SEO Has Not Changed in 40 Years

    Aaron Street
    28 Jul 2014 | 4:12 am
    Just the other day, Sam provocatively declared “There is No Such Thing As Online Marketing.” His point was that people who think that online marketing is fundamentally different from traditional marketing are splitting hairs. It is about letting people know who you are and what you do, in an effort to get paying clients in the future.Sam’s post made me think about the specific tactics lawyers can and should use, both online and offline, for search engine optimization (SEO) and link building.Purpose of Online and Offline MarketingThe goals of both online and offline marketing…
  • There is No Such Thing As Online Marketing

    Sam Glover
    26 Jul 2014 | 7:51 am
    “I’m thinking about trying online marketing.”Even in 2014, I hear this from lawyers all the time. But there is no such thing as online marketing. There is just marketing, some of which happens online because there is almost no meaningful line between offline and online activity anymore.Almost everything we do now has offline and online components. We may plan to get together with friends over Facebook. Then we get together, have a great time somewhere offline, and post the pictures back on Facebook while we are out. Similar things happen with legal marketing.At some point,…
  • Write a Compelling Opening Line for Blog Posts

    Sam Glover
    25 Jul 2014 | 4:12 am
    When it comes to writing, opening lines are crucial. This is especially true for modern writing, which is usually read on a computer or smartphone display. Few people will put down a novel after reading a single paragraph, but many people will close a tab or click away after reading less than that. A compelling opening can make them stick around, instead.Like this one from The Atlantic‘s Caitlin Flanagan, for example: One warm spring night in 2011, a young man named Travis Hughes stood on the back deck of the Alpha Tau Omega fraternity house at Marshall University, in West Virginia, and…
  • How to Accept Credit Cards from Clients

    Lisa Needham
    24 Jul 2014 | 4:12 am
    In this post, we will compare four credit-card processors designed for lawyers: LawCharge, PayPros Legal, LawPay, and Lex/Actum. In addition, we will look at three general-purpose credit-card processors: Stripe, Authorize.Net, and PayPal. All these services let you take credit card payments via the web, and some will let you hook up a physical terminal, as well.IndexEthical IssuesUnderstanding Credit-Card ProcessingLex/ActumLawPayPayPro LegalLawChargeAuthorize.NetStripePayPalClosing the Sale with a Credit CardEthical IssuesRelatedFind Your State Bar Opinion LawPayCredit card payments and…
  • Ntrepid Timestream Interactive Timeline Software Review

    Megan Zavieh
    23 Jul 2014 | 4:12 am
    One hurdle for small practices is acquiring technology that assists in complex matters without breaking the bank.Ntrepid Timestream is a budding resource for organizing factual material electronically at an affordable price ($995 for a single-user one year license). Described simply, Timestream is a platform for creating an organized timeline of key case events, and linking electronic evidence to these events.Software capable of organizing a large number of facts and documents into an easily accessible database is tremendously useful to small firms. BigLaw uses systems that do this, but they…
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    New York Personal Injury Law Blog

  • Motion to Dismiss/Sanction Against Dr. Michael Katz

    Eric Turkewitz
    17 Jul 2014 | 10:57 am
    This is what Justice Duane Hart thinks of Dr. Michael Katz Remember how I reported that I’d been sued again for defamation? Justice Duane Hart in Queens had ripped Dr. Michael Katz a new one in open court for acting like Pinocchio. And the good doctor, not being able to sue the judge for calling him a “liar” about 25 times or so, figured he would sue me instead for reporting it. (Shooting the Messenger (I’ve Been Sued Again)) Both Scott Greenfield (Turkewitz Sued By “Liar” Doctor, Michael Katz) and Marc Randazza (Judge Admonishes Expert Witness – Expert Witness Sues…
  • Dolphins and Lawyers and Baja

    Eric Turkewitz
    16 Jul 2014 | 4:35 am
    Not me. And not from the place we went. Is there a relationship between swimming with dolphins and lawyering? Why, yes there is, and thank you for asking. Let me start by saying that this is all about business and keeping the customer happy. Since lawyers are in a service business, the same concept holds true for a law firm as a company that allows you to swim with a dolphin: It isn’t enough that the customer/client be satisfied while the service is being provided, but most importantly, when they walk through your door for the last time. So last week I took the family down to Cabo San…
  • Power to the People (A Declaration of Independence)

    Eric Turkewitz
    2 Jul 2014 | 8:54 am
    John Trumbull’s famous painting of the Declaration’s presentation hangs today in the Capitol Rotunda. It is owned by the citizenry of the United States. Today is July 2nd. On this date in 1776 the Continental Congress voted to declare its independence from Great Britain and a new nation was born. John Adams thought that the 2nd of July would be “solemnized with Pomp and Parade, with Shows, Games, Sports, Guns, Bells, Bonfires, and Illuminations from one End of this Continent to the other from this Time forward forever more.” The Declaration of Independence was formally…
  • Soccer, Arguing and Lawyering

    Eric Turkewitz
    30 Jun 2014 | 3:35 am
    Brandi Chastain after scoring the winning goal in 1999 Women’s World Cup. As I follow the World Cup with one eye, I stumbled across a letter to the editor in the New York Times sports section, and it left me scratching my head. What the devil was the writer thinking when he sent this in, and why did the NYT bother to publish it? Since the letter makes an argument, and this is what lawyers do, I wanted to add my two rupees on what not to do when lawyering. We start on the futbol soccer pitch with the fact that extra time gets added to the standard 90 minutes to account for delays of the…
  • Amazon’s New Phone, Marketing and Lawyering

    Eric Turkewitz
    19 Jun 2014 | 9:11 am
    So introduced a new phone yesterday. And what does it do? It allows you to point it at some knick-knack you might want to buy and Amazon tells you how much you can buy it for from them. What is really does, of course, is give yet more information to Amazon and its partners as to your every thought, whim and desire. What does it do for the consumer? Not so much. You can already go to their website, after all, and see what they have. Here is the problem, which should have been obvious, if it wasn’t already with the big scandal over Edward Snowden and the NSA spying on us:…
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    The Probate Lawyer Blog: Famous Fortune Fights!

  • Lou Reed's Estate Teaches A Lesson In Trust Planning

    Andrew & Danielle Mayoras
    17 Jul 2014 | 1:27 pm
    I guess we shouldn't be surprised.  After all, Lou Reed was the man who famously crooned, “Hey babe, take a walk on the wild side.” The late lead singer and guitarist of The Velvet Underground -- and of course, a musician and songwriter with a successful solo career -- may have been a bit wild at times. But that doesn't explain why he would be so careless with his estate plan.   Recent filings with the Surrogate's Court in Manhattan show that Reed's estate has already earned more than $20 million since he passed away from liver disease at the age of 71, on Oct. 27. This is only the…
  • Casey Kasem Teaches Lessons In End of Life Planning and Elder Abuse

    Andrew & Danielle Mayoras
    15 Jun 2014 | 6:58 am
    It appears that the life of famed Top 40 Countdown host Casey Kasem is nearly at an end.  Last Wednesday, a Los Angeles Judge ruled that Casey Kasem’s daughter, Kerri Kasem, could suspend the artificial delivery of food and water to Casey due to his grave suffering.   Specifically, according to the Los Angeles Times, Kerri Kasem’s attorney filed documents with the court reporting the doctors’ conclusion that “continuation of artificial nutrition and hydration is not in the patient’s best interests because it will at best prolong the dying process for him and will certainly add…
  • Wife of Donald Sterling Used Family Trust To Cut Him Out

    Andrew & Danielle Mayoras
    13 Jun 2014 | 8:59 am
    It seems that everyone wanted Los Angeles Clippers owner Donald Sterling to sell the team, after his racist remarks about Magic Johnson and African Americans became public knowledge.  The NBA Commissioner, owners, players, Clipper fans, and Sterling’s own family did everything in their power to force him out.  Last week, the news broke that Sterling’s estranged wife, Shelly Sterling, reportedly accomplished what everyone wanted — an agreement has been reached for the Clippers to be sold for a reported $2 billion dollars to former Microsoft CEO Steve Ballmer.  But how did Shelly…
  • Casey Kasem Is Missing: Could This Happen To Your Family?

    Andrew & Danielle Mayoras
    2 Jun 2014 | 11:01 am
    Casey Kasem — the legendary voice of American Top 40 Countdown and numerous cartoon characters — has been kidnapped by his own wife while he suffers from advanced dementia, according to Kasem’s daughter, Kerri Kasem.   Casey’s wife, Jean Kasem, is accused of secreting away the 82-year old former DJ, in a move that could jeopardize his health, safety, and well-being.  Kerri told a California judge and various media outlets that her step-mother had fled the state with her husband of 30 years, in an attempt to avoid a Judge’s ruling about who would be Casey’s new conservator.  The…
  • Mickey Rooney's Estate Finds Peace, But Will It Last?

    Andrew & Danielle Mayoras
    22 Apr 2014 | 4:56 am
    A mere five days after the Hollywood acting legend passed away in his sleep at the age of 93, the family of Mickey Rooney was set to appear in a Los Angeles courtroom to fight over where he should be buried. Just hours before the court hearing, the estate reached a settlement — hopefully putting an end to the troubling feud that surrounded Rooney’s family the last few years.  On one hand, Rooney’s family fight should not be viewed as surprising. What else would be expected when a Hollywood icon dies with a new will disinheriting all nine of his children (from eight different…
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  • ICRC’s Henry Dunant Research Fellowships 2014 in International Humanitarian Law; Submit by Aug 25

    28 Jul 2014 | 2:52 am
    The International Committee of the Red Cross, Regional Delegation for India, Bhutan and Maldives is pleased to announce five short term (two months) Henry Dunant Research Fellowships 2014 in the field of International Humanitarian Law (IHL). The post ICRC’s Henry Dunant Research Fellowships 2014 in International Humanitarian Law; Submit by Aug 25 appeared first on Lawctopus.
  • The GNLU Debate 2014 [Aug 29-31]; Prizes Worth Rs. 2.5L

    28 Jul 2014 | 2:34 am
    We have with us Andre Kua from Singapore and Daryl Isla from Philippines, two of the best debaters in the entire Asian circuit. Arjun Bolangdy needs no introduction and he is one of the most sought after CAs in the Indian debating scene The post The GNLU Debate 2014 [Aug 29-31]; Prizes Worth Rs. 2.5L appeared first on Lawctopus.
  • Free Online Certificate Course on RTI by DoPT: File an RTI as You Do the Course!

    28 Jul 2014 | 2:05 am
    Successful completion of the 7-day course will be mandatory in order to be eligible to take the 15-day version of the course. Besides, for registering in the 15-day course a candidate will be required to file an RTI application with any public service delivery public authority. The post Free Online Certificate Course on RTI by DoPT: File an RTI as You Do the Course! appeared first on Lawctopus.
  • Call for Papers: Asia Pacific Journal on Human Rights and the Law; Rolling Submissions

    27 Jul 2014 | 11:00 pm
    The journal publishes both short and longer pieces but normally not longer than 20,000 words (inclusive of footnotes). Please follow the OSCOLA (4th edn) standard for the citation of legal authorities. Email papers to apjhrl[@] Submissions are acknowledged promptly and reviews are normally done within six to eight weeks. The post Call for Papers: Asia Pacific Journal on Human Rights and the Law; Rolling Submissions appeared first on Lawctopus.
  • The 7th GNLU International Moot Court Competition GIMC 2015; Register by Sep 15

    27 Jul 2014 | 9:05 pm
    The 7th Edition of GIMC (GNLU International Moot Court Competition) shall take place from the 4th to 8th February, 2015. GIMC is a flagship event of Gujarat National Law University which is annual event organised by the University since its inception in 2009. The post The 7th GNLU International Moot Court Competition GIMC 2015; Register by Sep 15 appeared first on Lawctopus.
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    Fashion Law | Fashion Lawyer | Fashion Law Firm |

  • Best Wishes for Success on The Bar Exam Next Week! #Fashionlaw

    25 Jul 2014 | 7:37 am
    Hey readers! I know a handful of you are studying for the bar exams and prepare to take them next week. Here is to success on the bar! MY TIP? Stay confident. BELIEVE. Write in a confident tone, as if you were already one of us, because needless to say, you ARE. Exercise, sleep well, eat right all three days. See you on the other side and God bless. My warmest regards, Cheers, Uduak

    18 Jul 2014 | 9:14 am
    Brilliant, Engaging, Inspiring, Informative interviews with Africa’s Women Entrepreneurs, plus Fashion Business and Fashion Law Commentary & Analysis. Host: Ladybrille Founder and Fashion Model turned Fashion & Entertainment Lawyer Uduak Oduok. Visit for more details.
  • Dirtball Files Federal Trademark Infringement Suit Against Quiksilver and DC Shoes #FashionLaw

    16 Jul 2014 | 11:36 am
    Interesting release I received from Dirtball. Check on it. -Uduak American-Made Sustainable Apparel Line, Dirtball, Files Federal Trademark Infringement Suit Against Quiksilver and DC Shoes The Dirtball suit is not only in defense of the brand and its trademark, but of U.S. textile jobs Dirtball, the company behind eco-friendly apparel made in the U.S.A. from 100% recycled materials, has filed a federal trademark infringement suit against DC Shoes and its parent company, Quiksilver (ZQK), after attempts by Dirtball to stop the infringement without legal action were rebuffed. The suit (Fox et…
  • SAVE THE DATE: (Aug. 21st, 2014) How to Create Media Buzz for Your Business & Stay Out of Trouble with Uduak Oduok, Esq.

    15 Jul 2014 | 10:10 am
    Join us for our “Secrets” series of educational topics Networking Check out the wine and appetizers You will learn: The value of media buzz. What the media wants. How to approach & pitch your story to the media. How to use social media to create buzz for your brand, and avoid legal liability. About the Presenter: A self proclaimed “Certified Game Changer,” Uduak Oduok is an inspiring and powerful speaker recognized for her visionary and trailblazing work, especially on Africa’s emerging global fashion and entertainment markets. A graduate with a degree in Speech…
  • #FashionLaw SEMINAR: Business Formation & Fashion Law 101 for The Fashion Student with Uduak Oduok, Esq.

    15 Jul 2014 | 10:02 am
    Business Formation & Fashion Law 101 for The Fashion Student With Uduak Oduok, Esq. With this presentation, attendees will learn the practical steps to starting a fashion business. The presentation will include: The principal forms of business structures for fashion startups. Finance/financing options for fashion startups. The key industry contracts for fashion startups. Right of Publicity, Trademark & Copyright. Creating Buzz through media and publicity. Speaker Uduak Oduok is the co-founder of EBITU LAW GROUP, P.C., a law firm in California, USA with offices in the Bay Area and…
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    Law and Daily Life

  • Legalese From A to Z: 5 Legal Terms Beginning With 'B'

    Daniel Taylor, Esq.
    27 Jul 2014 | 9:01 am
    Welcome to the second installment of our new Sunday blog series, Legalese From A to Z. As part of this continuing series, we'll be taking a closer look at legal terminology that may be unfamiliar to non-lawyers. We started last week with the letter "A," so today we take on five legal terms that begin with the letter "B": BFOQ. BFOQ is short for "bona fide occupational qualification" which, in the workplace-discrimination context, may allow an employer to discriminate when there is a legitimate reason for the discrimination. For example, a childcare business looking for a wet nurse would be…
  • Is It Legal to Feed Wild Animals?

    Brett Snider, Esq.
    26 Jul 2014 | 8:56 am
    When out in nature, you may feel the urge to feed any wild animals you might encounter. However, as your legal guides through the forest of state and federal laws, we strongly encourage you to resist that temptation. Not only is this practice bad for the animals you feed, but your "kindness" by feeding wildlife can potentially lead to your arrest. Here are some general rules about when it is and isn't legal to feed wild animals: Legal problems eating away at your daily life? Browse's Lawyer Directory for an attorney who's right for you. Backyard Feeding While the Humane Society of…
  • Is Absinthe Legal in the U.S.?

    Brett Snider, Esq.
    25 Jul 2014 | 7:53 am
    Absinthe has long been rumored to be illegal in the United States, yet brands like Lucid and St. George openly sell their absinthe products in liquor stores across the nation. So why all the hubbub about absinthe? The liquor traditionally made from wormwood has a murky legal history in the United States and abroad, which has led absinthe producers to only recently begin marketing to Americans. Acknowledging this background, is absinthe legal? Legal problems eating away at your daily life? Browse's Lawyer Directory for an attorney who's right for you. Yes, but Only Thujone-Free In…
  • N.C. High School to Monitor Students' Social Media Posts

    Brett Snider, Esq.
    24 Jul 2014 | 8:53 am
    One North Carolina school district is going to great lengths to monitor its students' social media habits, paying thousands to a third party to scan students' posts. Jackson County Schools are contracting with Social Sentinel Inc. in a pilot project that will use computer algorithms to scan student social media posts for safety or security threats, reports The Sylva Herald. The program will be launched at Smoky Mountain High School in Sylva this fall, and will cost $9,500 for the first year. But will students be paying the price in privacy? Legal problems eating away at your daily life?
  • For Nat'l Cousins Day, 3 Legal Facts About Cousin Relations

    Brett Snider, Esq.
    24 Jul 2014 | 6:41 am
    July 24 is National Cousins Day, a day to celebrate and reflect on the strong relationships between cousins. However, the law doesn't hold some relations between cousins in such high esteem; indeed, some may even be criminal. Marriage or sex, for example, may be completely out of the question. So on this National Cousins Day, here are three things you should know about relationships between cousins: Questions about legal issues involving marriage, children, or other relatives? Get in touch with a knowledgeable family law attorney in your area today 1. Marriage Between 1st Cousins Is Mostly…
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    But I do have a law degree...

  • A Hangover, An Epipen, and a Parasite, Oh My!

    But I Do Have a Law Degree
    28 Jul 2014 | 6:45 am
    Some days are long.  Very long. Some days are boring. Some days are fun and free. Some days are a mixture of all of the above. And then some days are absolutely killer. Like yesterday. The following happened: 1) I woke up with a pounding head ache.  This was self inflicted, as I went to the Billy Joel concert the night before and drank one too many beers.  (Note to self - when drinking at a concert, always buy a bottle of water.  No water = pounding head ache). 2) I also woke up with a sore throat.  The family's summer cold has officially hit me. 3) With pounding head…
  • My Everything

    But I Do Have a Law Degree
    18 Jul 2014 | 7:53 am
    I was 19 when I first felt the lump on my left breast.  I was young then.  I didn't worry about hardly anything, and I didn't worry about the lump.  I asked my doctor about it during a check up.  He felt it and told me it was "probably fine."  Life went on.  The lump remained. After I had my first son, ten years later, I remember consciously feeling for the lump and realizing it was gone.  I wasn't quite sure when it had disappeared but I remember feeling relief.  Being 29, I wasn't as carefree as I had been in my late teens.  I still felt somewhat…
  • Head on Over...

    But I Do Have a Law Degree
    14 Jul 2014 | 10:26 am
    To the Ms. JD website today (click here).  There's an interview of yours truly! Happy Monday!
  • Hello from the Cape and a GIVEAWAY for the Summer Sun

    But I Do Have a Law Degree
    9 Jul 2014 | 6:33 am
    I've been MIA for the last month or so.  There are several excuses reasons - three children, lack of school, the new season of Orange is the New Black, laziness, a health scare, and most recently, vacation. Hello from Cape Cod.  Mayo Beach, Wellfleet, Cape CodWe come for two weeks every year.  And I spend the rest of the year looking forward to it.  It is, quite simply, my favorite place on earth.  (As I've previously written about here and here and here and here).  I've been drinking way too much and eating way too much and…
  • Deep Thoughts on a (Bizarre) Solo Car Trip

    But I Do Have a Law Degree
    26 Jun 2014 | 6:54 am
    Long car trips by myself used to make me anxious.  I would do them, but I would dread them.  They were boring and monotonous and stressful and every once in a while I would have a really bad one, where I would get lost (Mapquest, anyone?) or run out of gas (just once, pre-cell phone), or have to pull over on the side of a highway during a blinding rain storm.  In a former life, having a companion for a long car trip was definitely preferable.  Then I had kids.  And my car trip companions tend to make the car journeys rather difficult.  There are vomiting…
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    NB Law

  • Tommee Tippee Baby Monitors Get Recalled Over Strangulation Risk

    Larry Nagelberg
    25 Jul 2014 | 4:04 pm
    According to the U.S. Consumer Product Safety Commission, Tommee Tippee monitors that are designed to be used with children are being recalled over a possible strangulation risk. The affected products might be hazardous and while no incidents were reported up to this moment, the company decided to issue this recall promptly. At least 25,000 units of these products have been distributed across the country, other 3,500 units of these products were sold in Canada. According to the CPSC, the sensor […]Related Posts:Summer Infant Video Baby Monitors Recalled, Fatalities…Infant Swings…
  • California Drought May Cause Wild Land Fires, Make Them More Likely

    Larry Nagelberg
    24 Jul 2014 | 3:41 pm
    According to multiple news reports, California authorities have been on edge, calculating the risks associated with fires, especially during this time of the year. Because of the drought we have been facing for at least three years, the authorities have been urging Californians to avoid taking place in some activities that could increase the fire risk. By now, California has already spent over $13 million on fighting two major fires. Since this is one of the worst droughts we have […]Related Posts:Wild or not, animals may also cause accidentsFollow These Tips To Avoid A FireBlake Bed…
  • Air Bag Problem Prompts BMW Recall

    Larry Nagelberg
    23 Jul 2014 | 2:39 pm
    The National Highway Traffic Safety Administration has recently indicated that several of BMW’s vehicles are being added to the list of cars recalled over an air bag issue. Not too long ago, other companies recalled several vehicles over an air bag problem, now, several more vehicles are being recalled as well. According to the latest report, all units of BMW’s 2000 323i sedans, convertibles, coupes, and Sports Wagons have been affected, all units of the 2001 through 2005 325i sedans, […]Related Posts:Handlebar Issue Prompts Tricycle RecallInaccurate Reading Risk Prompts…
  • More GM Recalls Have Been Reported

    Larry Nagelberg
    22 Jul 2014 | 3:25 pm
    According to several news agencies, General Motors has issued several other recall announcements in the last couple of days. Two of the latest recalls involve Chevy Silverados. The first recall, which has affected 2015 Chevy Silverado 2500 and 3500 HD vehicles, and 2015 GMC Sierra 2500 and 3500 HD vehicles is linked to the vehicle’s power steering hose clamps, which may come disconnected from the vehicle’s power steering pump or gear while the vehicle is in use. This issue could […]Related Posts:CPSC Recalls Infant Socks Over Choking HazardClub Car Recalls Golf and Transport…
  • Injury Risk Prompts Mercedes-Benz Recall

    Larry Nagelberg
    21 Jul 2014 | 3:00 pm
    The recalls linked to air bag issues continue to pile up. According to a recent report issued by the National Highway Traffic Safety Administration, multiple vehicles manufactured by Mercedes-Benz are being recalled over a possible injury risk. The report shows that this recall is associated with the vehicles’ front passenger air bags. The affected vehicles include all units of the 2014 SLK 250, SLK 350, SLK 55 AMG, SL 550, SL 63 AMG, and SL 65 AMG vehicles. According to […]Related Posts:G550 And G55 Vehicles Recalled By Mercedes-BenzMercedes-Benz Recalls SL-Class…
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    Profit and Laws

  • Top 5 Weekly Reads

    24 Jul 2014 | 9:22 am
    How Not to Sell Things on the Internet (Legal Edition) 23andMe lost when they tried to enforce their terms of use – because they stuck the link to their terms of use at the bottom of the site. Listen up, web sellers: imagine going to a car dealership and getting the contract AFTER you bought the car – […]
  • Eight Articles You Need to Read

    15 Jul 2014 | 1:21 pm
    This poem, written by Emma Lazarus and engraved on a bronze plaque inside the Statue of Liberty, represents the United States as the land of the immigrant; the land of the free. Today, some people have lost sight of the fact that this great nation was built upon the foundation of freedom and acceptance; on […]
  • Seven Stories You May Have Missed

    8 Jul 2014 | 8:43 am
    It’s time to declare your independence from the people who have taken it from you. You know that July 4th is the day we celebrate our national independence from the British crown. What you may not know is that July 4th was just as much about declaring independence from a giant monopoly that pushed them […]
  • Infoposters are not Infographics

    1 Jul 2014 | 9:30 am
    A great infographic is a thing of wonder. An infographic uses one central arrangement or metaphor to communicate several ideas at once. The most popular example is Minard’s graphic showing Napoleon’s march across Europe (though I always find it fairly incomprehensible). But, too many infoposters get credit for being infographics, which takes the pressure off […]
  • Six Quick Reads You Need to See

    1 Jul 2014 | 8:50 am
    Starting a Business is an Act of Defiance and Patriotism: Happy Independence Day Letting your entrepreneurial flag fly has never been so daring, so important and so patriotic. The financial rules are now totally written for the big companies. Taking on Goliath in any industry is an act of courage akin to leaving Europe for […]
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    Virginia Workplace Law - Karen Elliott, Managing Editor

  • Pregnancy Guidance Seems to Require Light Duty For All

    Karen Elliott
    16 Jul 2014 | 6:56 am
    The EEOC’s pregnancy discrimination guidance issued July 14 affects more than just the rights of pregnant women in the workplace. Although nominally titled as an enforcement guidance regarding “pregnancy discrimination,”  the guidance potentially reaches beyond pregnant employees to employees with a disability regardless of cause. The EEOC’s guidance holds that impairments related to pregnancy may qualify for accommodation as a disability under the ADA, and if light duty is offered to injured workers, it must also be offered to qualifying pregnant workers as a…
  • Virginia Significantly Raises Worker Misclassification Fines

    Phyllis Katz
    14 Jul 2014 | 9:36 am
    Worker misclassification remains a number one target area for both state and federal review.  On July 1, 2014, the  Virginia Workers Compensation Act (the “VWCA”) significantly increased the civil penalties that the state can impose on a Virginia business owner who has failed to insure a worker who should have been insured.    The civil penalty is now up to $250 per day for each day of noncompliance, subject to a maximum penalty of $50,000, plus collection costs.”  The VWCA requires every business owner with more than two employees (a part-time worker is counted…
  • Are Work Centers Really Unions in Disguise?

    Annemarie Cleary
    18 Jun 2014 | 9:41 am
    Membership in labor unions is at its lowest point in nearly a century. But, that doesn’t mean that workers are not without their champions.  Worker advocacy groups, also known as work centers, have sprung up across the county to aid workers in low-wage industries, such as restaurants, big box retail and agriculture.  Work centers often focus on particular industries or underserved immigrant workers and provide a range of services, including, for example, English as a second language classes.  The Restaurant Opportunities Center (“ROC”), Organization United for Respect at…
  • The employer conundrum over conducting criminal background screens

    Mike DeCamps
    15 May 2014 | 10:46 am
    The war continues over the use of criminal background checks in the hiring process and employers are caught in the middle. A brief history here may be helpful. In April of 2012 the EEOC published its Enforcement Guidance on Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. Although the Guidance is not binding on Employers it unequivocally declared the direction the EEOC was taking in investigating Employers who were allegedly illegally using criminal history in employment decisions and recommended that Employers refrain…
  • Employers face new era of ADA compliance issues

    Karen Elliott
    14 Mar 2014 | 12:44 pm
    A recent Fourth Circuit opinion and state laws like New Jersey’s new pregnancy accommodation statute highlight the new era of compliance issues facing employers dealing with worker medical situations. Accommodating issues of temporary disabilities and pregnancy-related impairments, and whether to provide leave or reduced job duties as accommodations lead the list of issues for 2014.  Managing these complex leave laws while running a profitable business will prove challenging for employers. To understand the current dilemma facing employers, a little history helps. The Americans with…
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    Virginia Business Lawyers

  • 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…
  • Rogue CFO III – Background Checks

    David Carroll
    28 May 2014 | 10:48 am
    Blog Series: Rogue CFO – I – Introduction Rogue CFO – II –Internal Accounting Controls and Supervision Perform Background Checks. It seems obvious. Why would a company not want as much information about a candidate for its CFO position that it can legally obtain? But this oversight is common. Too many smaller companies hire CFOs and other senior people without a background check, which is beyond irresponsible. In one example, a CFO was discovered tampering with the company’s accounts. A simple Google search would have revealed that not only had this CFO been sued by his…
  • What to Consider Before Buying a Business

    Donna Ray Berkelhammer
    12 May 2014 | 9:41 am
    Buying an existing business can be exhilarating and frightening all at once.  It is important to find out as much about the business, its operations and finances as possible before purchase.  Typical asset purchase agreements give a set period of time for investigation (often called due diligence). Here are some matters to investigate: Why is the Seller selling? What are the greatest challenges in the business during the past few years? Get three years of financial information including company tax returns if possible. Does the business have structured systems and processes that would…
  • Business Succession Planning is More Than Just Money

    Donna Ray Berkelhammer
    30 Apr 2014 | 12:42 pm
    In reading about Ron Francis’ promotion to general manager of the Carolina Hurricanes, one paragraph  stood out to me: Francis, 51, said he had no reservations about taking over a position he has been groomed for in recent years as assistant general manager, director of player personnel and vice president of hockey operations. He also went behind the bench as associate head coach, gaining another perspective. (From the News and Observer, April 29,2014) Many business owners think succession planning is all financial, but there are significant organizational and management components as…
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    Hoboken Bankruptcy Attorney - (201) 676-0722

  • Are you eligible for Ch. 7 or Ch. 13 bankruptcy?

    15 Jul 2014 | 5:00 am
    Eligibility for Ch. 7 or Ch. 13 bankruptcy can turn on who is filing the bankruptcy, the type and amount of debt, the amount of income, and the amount of expenses. Who is filing the bankruptcy: Only a human being (or a human being and his or her spouse) can file a Chapter 13 case. Neither a partnership nor a corporation can file a Chapter 13 case, but it can file a Chapter 7, whether or not the business owner also files one individually. The type and amount of debt: If your debt is primarily consumer debt (a dollar amount of more than 50%), then you have to pass the means test to qualify for…
  • Student loan settlement companies to be sued by Illinois AG

    14 Jul 2014 | 6:11 am
    Student-loan settlement companies that allegedly take people’s money and do not provide the promised student-loan debt help will be sued by the Attorney General of Illinois, the New York Times reported.  Illinois will be the first state to take legal action against companies that advertise help for student loan debtors. Two of these student loan debt assistance companies will be sued – Broadsword Student Advantage and First American Tax Defense – according to the Times reporters, who stated that they read advance copies of the Illinois Attorney General’s lawsuits.
  • Lots of business debt can allow you to qualify for Ch. 7 more easily

    10 Jul 2014 | 10:23 pm
    If you owe more business/non-consumer debt than consumer debt, then you avoid not only the “means test” but also some other roadblocks to a successful post-business Chapter 7 bankruptcy case. What’s the “Means Test” and Why Does It Matter? Bankruptcy law says that if your income is more than a certain amount, you have to pass a means test to be able to go through a Chapter 7 case successfully. One way to avoid this means test is by having less income than the permitted median family income for the state in which you live. But the median family income amounts are relatively low. If…
  • What happens to general unsecured debt in Chapter 7?

    10 Jul 2014 | 5:00 am
    Examples of general unsecured debts include credit card debt and medical debt.  If you are thinking about filing for bankruptcy, you should know how these general unsecured debts are handled. Secured debt usually is tied to your most important possessions, such as your home or your car. So it’s understandable that being able to keep these types of collateral will drive your bankruptcy decisions.  Likewise, your “priority” debts tend to involve your most aggressive creditors and often can’t be discharged in bankruptcy, so these also grab our attention. But it’s more likely that…
  • Options with Your Vehicle Loan under Chapter 7

    3 Jul 2014 | 8:10 am
    Your car loan may be your most important debt. Chapter 7 gives you the control you need to handle it. When you think about secured debts—those tied to collateral like a vehicle—it helps to look at these kinds of debts as two deals in one. You made a commitment to repay the car loan and then you agreed to back up that commitment by giving the creditor certain rights to your collateral. The first deal—to repay the money—can almost always be discharged (erased) in bankruptcy. But the second deal—the rights in the collateral that the creditor has, known as a “lien” on the…
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    Law Firm Newswire » Legal News

  • Even Mild TBI Can Cause Lasting Damage

    LFN Editor 102KS31
    28 Jul 2014 | 3:00 am
    Tampa, FL (Law Firm Newswire) July 28, 2014 – A new study indicates that even mild traumatic brain injury (TBI) may result in cognitive problems and lasting brain damage. While severe TBI has been studied extensively, the newest study, published in the journal Neurology,focused on the mild to moderate cases that represent 90 per cent of brain injuries. Researchers found that patients with mild and moderate brain injuries showed damage to the brain’s white matter, which connects different areas of the brain and can affect a wide range of functions. “This research is an indication…
  • Chesapeake Energy’s Legal Troubles Worsen

    LFN Editor 102KS31
    28 Jul 2014 | 3:00 am
    Houston, TX (Law Firm Newswire) July 28, 2014 – An appeals court upheld a judgment against an oil and gas giant that backed out of a deal to buy Texas leaseholds. Chesapeake Energy lost its appeal of a $121 million judgment in a lawsuit filed by Preston Exploration and two other parties, who said they had finalized a deal to sell over 500 leaseholds to the company. In continuing bad news for Chesapeake, a Texas school district and newspaper filed separate lawsuits against the company, alleging underpayment of royalties. Houston attorney Richard LaGarde, who is not involved in the…
  • Deadly Tampa Bay Area Intersection to Upgrade Safety

    LFN Editor 102KS31
    25 Jul 2014 | 3:00 am
    Tampa, FL (Law Firm Newswire) July25, 2014 – The Florida Department of Transportation has recommended a safety upgrade to one of the most accident-prone intersections in the Tampa Bay area. The intersection of Belcher Road and Gulf to Bay Boulevard in Clearwater has been the site of several accidents over the years, but it has been the subject of renewed attention since crossing guard Douglas Carey was killed there in May. Carey was struck by a vehicle traveling 70 mph that was involved in a multi-car accident. “Dangerous intersections like this one are the site of many car accidents…
  • Fracking Industry Connected to Increase in Traffic Accidents

    LFN Editor 102KS31
    24 Jul 2014 | 3:00 am
    Washington, D.C. (Law Firm Newswire) July 24, 2014 – A spike in traffic accidents has been attributed to the growing number of large trucks hauling drilling equipment and fracking waste on U.S. streets. According to a report by the Associated Press, U.S. census data shows that traffic deaths have grown more than four-fold from 2004 rates in areas experiencing a boom from the fracking industry. These death rates have risen steadily even as road conditions and vehicle safety continue to improve. In growing fracking communities like Karnes County, Texas, for example, the sheriff has said…
  • CHFC Encourages Californians to Have to Have an End-of-Life Discussion

    LFN Editor 102KS31
    23 Jul 2014 | 3:00 am
    Palo Alto, CA (Law Firm Newswire) July 23, 2014 – With more 8.6 million aging baby boomers in California alone, end-of-life discussions are becoming increasingly important. Families need to make it a priority to speak with loved ones before, not after, a crisis strikes. A 2012 California Healthcare Foundation (CHFC) survey revealed that nearly 60 percent of respondents felt that having an end-of-life discussion with their family was “extremely important” — yet 56 percent of those respondents had not yet communicated those wishes with the person they would want making that decision…
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    My Distribution Law

  • Northern District of California Addresses Functional Discounts, Price Discrimination Claims

    Howard Ullman
    17 Jul 2014 | 3:43 pm
    Chrysler 1959 (Photo credit: Wikipedia) In Mathew Enterprise, Inc. v. Chrysler Group, LLC, 2014 U.S. Dist. LEXIS 95522 (N.D. Cal. July 11, 2014) (Freeman, J.), the court dismissed certain Robinson-Patman Act price discrimination claims and allowed others to proceed, and in so doing addressed the contours of the functional availability defense. The plaintiff is a car dealership. It alleged that Chrysler grants “volume growth” incentives which function as a subsidy and amount to roughly $700 per vehicle sold by a qualifying dealer. The plaintiff alleged that Chrysler allowed competing…
  • A World Without Patents?

    Howard Ullman
    10 Jul 2014 | 2:44 pm
    (Photo credit: Alexandre Dulaunoy) Planet Money’s recent podcast interviews two economists who advocate for the ultimate patent law reform: the abolition of patents. They argue that patents inhibit innovation.  For example, the Wright Brothers supposedly secured a number of patents on their early airplane design — which didn’t work very well and which stalled (pun intended) airframe development in the U.S. for a number of years.  The industry migrated to France to avoid the U.S. patents. What about pharma, you might ask (as did I?)  Are pharma companies really going to…
  • Happy Fourth of July

    Howard Ullman
    3 Jul 2014 | 5:00 am
    (Photo credit: Wikipedia) For your weekend reading, here’s an interesting article by Joseph Stiglitz in the New York Times: “Inequality is Not Inevitable.”
  • “Taking the Law Out of Harvard Law School”

    Howard Ullman
    20 Jun 2014 | 3:34 pm
    Harvard Law School Langdell Library in Cambridge, Mass. (Photo credit: Wikipedia) The absurd disconnect between legal education and practice has often been noted, but Max Kennerly has a superbly-articulated critique of the continuing state of affairs at HLS and other law schools. (No, I don’t agree with everything else on Max’s blog.) Related articles Taking The Law Out of Harvard Law School
  • Blog “Hop” — Why I Write

    Howard Ullman
    12 Jun 2014 | 12:31 pm
    My fellow blogger Brian Rogers recently asked me to participate in a “blog hop.” This particular blog hop got rolling (hopping?) with a post by Bill Ellis. What’s a blog hop, you may ask? Well, I didn’t know either before this post, but the idea is that it’s a way to connect readers to other complementary blogs they might not otherwise discover on their own. At the end of this post, I’ll introduce you to some other bloggers who are going to continue hopping (as it were) and also provide some information on Brian, who wrote his hop post last week. The topic of this blog hop is…
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    Attorney at Work

  • The Pain of the Gain: 10 Steps to a High Growth Rate

    Bob Christensen
    28 Jul 2014 | 3:00 am
    It’s unavoidable. If the goal you and your colleagues have set for your firm is a high rate of growth, you are going to be banging your heads against a wall every day. So it’s important to know up front whether that wall is made of bricks or gold. Will the gain be worth the pain? 10 Steps to Grow Your Firm These are the 10 steps I used to accelerate growth at a previous employer from start-up to nearly $1 billion a year — and use today with TheFormTool. While no approach to business will work in every circumstance, these steps are highly adaptable to a law firm — whether a…
  • Trending: Client Service

    Kandy Hopkins
    25 Jul 2014 | 2:00 am
    What’s the biggest predictor of a law firm’s success? Hint: It’s not the firm’s bottom line. The No. 1 thing impacting a firm’s long-term viability is client satisfaction. Several articles over the past month highlighted the need for firms to get and stay focused on client service — with issues ranging from core values and new ways of working, to proactive communications and providing a high level of customization. Let’s take a look. 1. Clients are canaries. Research into seven failed professional services firms, four of which were law firms, indicates declining client…
  • New Balance: Finding the Dividing Line Between Life and Work

    Jared Correia
    24 Jul 2014 | 3:00 am
    Sometime before the Great Recession (Depression?), there existed a quaint notion that people could stop working — at least some of the time. Over the course of recent years, however, the line of argumentation has advanced, with advocates of a new wave going about convincing everyone that there is really no such thing as what had been termed work-life balance. There is only your life, intrinsically and hopelessly wrapped around both personal and professional entanglements, at any and all times. While the essence of that argument is true, the practical results of such a work-life philosophy…
  • Pen on Paper Works! The Bullet Journal

    Mary Lokensgard
    23 Jul 2014 | 3:00 am
    If you’ve never sat bolt upright in bed at 3:17 a.m. convinced that you’ve missed a critical deadline, congratulations. You should bottle your secret and sell it to the rest of us — along with every other productivity guru currently writing a book or developing an app. The supply of productivity systems seems to be expanding, which tells me something: A lot of us are awake at 3:17 a.m. Over the years, I’ve tried several paper and digital systems to get a handle on the daily stuff of life. Inevitably, though, I end up with notes and reminders in multiple places — usually covered with…
  • Three Ways to Better Billing

    Annie J. Dike
    22 Jul 2014 | 3:00 am
    Billing. It’s not something we like to talk about, but it is something lawyers have to do regularly, so it deserves some attention. Making sure you capture all of your billable time and produce clear, coherent invoices for it helps ensure you get paid the fees you have earned. Here are three tips to help sharpen your billing pencil and even get more billable work out of your day. 1. Break it out. Don’t bill in blocks, bill in bites — small, bite-size pieces that detail all of the hard work you put into your pleadings and the like. Take a motion for summary judgment, for example.
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    Justia Law, Technology & Legal Marketing Blog

  • Supreme Court or Bust: Justia Weekly Writers’ Picks, July 25, 2014

    Cicely Wilson
    25 Jul 2014 | 11:25 am
    Two federal appeals courts this week issued conflicting opinions on Obamacare.King v. Burwell, US 4th Cir. (7/22/14) Health Law, Tax LawPlaintiffs filed suit challenging the validity of an IRS final rule implementing the premium tax credit provision of the Patient Protection and Affordable Care Act (ACA), 26 U.S.C. 36B. The final rule interprets the Act as authorizing the IRS to grant tax credits to individuals who purchase health insurance on both state-run insurance “Exchanges” and federally-facilitated “Exchanges” created and operated by HHS. The court found that…
  • Justia Weekly Writers’ Picks, July 18, 2014 – As California Goes . . .

    Cicely Wilson
    18 Jul 2014 | 12:24 pm
    This week, a federal judge in the U.S. District Court for the Central District of California issued a ruling that California’s death penalty is unconstitutional.  Read Courtney Minick’s analysis of the opinion on Justia’s Verdict: Federal Judge Strikes Down California Death Penalty: What This Could Mean for California.Texas Div., Sons of Confederate Veterans, Inc. v. Vandergriff, et al., US 5th Cir. (7/14/14) Civil Rights, Constitutional LawPlaintiff filed suit alleging that the Board violated its First Amendment right to free speech when it denied plaintiff’s application for a…
  • Google and the Right to Be Forgotten

    Ken Chan
    7 Jul 2014 | 11:42 am
    Last month, the Court of Justice of the European Union issued a preliminary ruling on the right of natural persons to privacy with respect to the processing of personal data. In the case, Mr. Costeja González, a Spanish national, had lodged a complaint with the Agencia Española de Protección de Datos (AEPD), the Spanish Data Protection Agency, concerning a then 12-year-old announcement in La Vanguardia Ediciones SL, a Spanish newspaper, that mentioned a real-estate auction connected with attachment proceedings for the recovery of Mr. González’s social security debts. Mr. González…
  • Justia Resources and Commentary on the Supreme Court’s Hobby Lobby Decision

    David Kemp
    30 Jun 2014 | 9:14 am
    Today, the U.S. Supreme Court handed down its decision in the much-anticipated case Burwell v. Hobby Lobby Stores, Inc. (formerly Sebelius v. Hobby Lobby Stores, Inc., consolidated with Conestoga Wood Specialties Corp. v. Burwell and Autocam Corp. v. Burwell).In a 5-4 opinion by Justice Samuel Alito, the Court held that the Religious Freedom Restoration Act (RFRA) permits a closely held for-profit corporation to deny its employees the health coverage of contraceptives to which the employees are otherwise entitled by the federal Patient Protection and Affordable Care Act of 2010 (ACA),…
  • Super Size It: Justia Weekly Writers’ Picks, June 27, 2014

    Cicely Wilson
    27 Jun 2014 | 3:16 pm
    New York Statewide Coalition of Hispanic Chambers of Commerce v. New York City Dep’t of Health & Mental Hygiene, New York COA, (6/26/14)In 2012, in an effort to combat obesity among residents of New York City, the New York City Board of Health amended the City Health Code so as to restrict the size of cups and containers used by food service establishments for the provision of sugary drinks. The proposed rule, referred to as the “Portion Cap Rule,” was to go into effect in 2013. Six not-for-profit and labor organizations challenged the Portion Cap Rule. Supreme Court, New York City…
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    BullsEye Blog

  • Participation Loan Expert Survives Most (But Not All) Daubert Challenges

    21 Jul 2014 | 11:00 am
    In a decision handed down earlier this year an Alabama District Court addressed multiple Daubert challenges leveled by plaintiff against defendant’s participation loan expert.
  • Supreme Court Ruling Sparks Spate of Fee Shifting in Patent Cases

    14 Jul 2014 | 4:00 pm
    Barely two months after the Supreme Court gave federal judges greater discretion to award attorneys' fees in patent litigation, the judges are taking heed. In at least six cases decided during May and June, judges have found the case to meet the Supreme Court's less rigid "exceptional" standard warranting an award of attorneys' fees to the prevailing party.
  • Is the Fix In? The FX Rate Manipulation Scandal Explained

    5 Jul 2014 | 5:00 am
    While we presume you’ve heard about the FX fixing scandal, you are forgiven if you might confuse it with the abuse of custodial trust FX scandal, the FX rate hard sales markup investigation going on now, the LIBOR manipulation scandal, or one of the many other chapters of Banksters Gone Wild, Treasury Edition that seem to have found a permanent place on the front page of the Wall Street Journal. If it feels like there’s a new one of these every week, that’s because there very nearly is.
  • Lack of Supporting Analysis Dooms Experts in E-Book Litigation

    30 Jun 2014 | 6:00 am
    In a prior blog post, we discussed a decision denying Apple’s motion to exclude the opinion of the plaintiffs’ antitrust economics expert. This post examines the same decision granting plaintiffs’ motion to exclude the opinions of Apple’s experts, Dr. Joseph Kalt and Mr. Jonathan Orszag, filed in opposition to class certification.
  • Florida’s First Daubert Anniversary - Retroactive Power Revealed

    24 Jun 2014 | 2:00 am
    A recent state appellate opinion has made it clear that any appeal that is old enough to have been decided under Florida’s old evidentiary laws will now be scrutinized under the new amendment enacted on July 1, 2013, which established the much stricter Daubert standard for allowing expert witness testimony.
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    Hunt & Associates, PC

  • We Say Good Bye, Hello to Kevin Tillson

    21 Jul 2014 | 4:13 pm
    After more than 9 years Kevin Tillson will leave our firm on August 1 to pursue his career as a sole practitioner in Sandy, Oregon; closer to his home and focusing his practice on estate planning, probate, and protective proceedings such as guardianships and conservatorships. We wish him the best. At the same time we want to welcome Kevin Tillson back to our office in his new role as “of counsel” to our firm. Kevin will continue to meet with our clients in our downtown Portland office to provide his expertise and help in estate planning, probate and protective proceedings. In short, even…
  • Introducing Nathan Piers-VanderPloeg; Our New Associate Attorney

    Heather Carr
    8 Jul 2014 | 8:49 am
    Hunt & Associates, PC is pleased to announce that Nathan Piers-VanderPloeg has joined the firm as an Associate Attorney Nathan is a native Oregonian. He earned his law degree from the University of Oregon School of Law in 2011, and graduated from Linfield College with a BA in Political Science in 2005. Nathan was admitted to the Oregon Bar in 2011. Since then he has successfully handled a broad range of legal matters encompassing a broad range of legal issues including questions of employment and labor law, personal injury and insurance, construction defects, criminal law, contracts and…
  • Update to the Feds’ Seizure of Tax Refunds from Relatives to Recover Claimed Social Security Benefit Overpayments Made More than Ten Years Ago

    Lawrence Hunt
    15 Apr 2014 | 8:56 am
    The Social Security Administration has just announced that it has suspended efforts to recoup overpayments of benefits it claims to have made more than ten years ago while it reviews its “. . . responsibility and discretion under current law.”  See more here. © 4/15/2014 Lawrence B. Hunt of Hunt & Associates, P.C.  All rights reserved. Facebook TweetThis Digg StumbleUpon You might be interested in this:    OnToplist Inclusion  Future Changes to the Oregon Inheritance Tax Laws  Hunt & Associates, PC Video Ad  Same-Sex…
  • The Debts of the Parents are Paid by their Children; Like It or Not

    Lawrence Hunt
    14 Apr 2014 | 9:15 am
    Although children aren’t generally responsible for their parents’ debts, the rule apparently doesn’t apply when the federal government wants to collect. As Marc Fisher recently reported in the Washington Post here, since 2011 when the federal government repealed the ten year statute of limitations applicable to governmental claims for overpayments of benefits, the government has enthusiastically pursued collection of old debts; often seizing tax refunds from children for overpayments the feds claim were made to their parents more than thirty years ago.  The Social Security…
  • The Oregon Probate Process: Getting Started

    Kevin Tillson
    19 Mar 2014 | 3:37 pm
    In my estate planning practice and in my estate administration practice I am asked the same questions: “What is probate?” and, “Why does it have to take so long?” Usually when people tell me they want to avoid probate, they mean that they want to avoid having their estate administered through a court process, whether or not the person has a will.  The exact definition of probate is not that important.  Essentially, the administration of a probate estate (if there is a will) or intestate estate (if there is not a will) is the legal process for gathering a deceased individual’s…
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    Rozek Law

  • Support For Brain Injury Association of Massachusetts

    Randy Rozek
    25 Jul 2014 | 11:28 am
    Visit us at Golfers in Massachusetts played to support the Brain Injury Association of Massachusetts. On Monday, June 23rd, Laura Herman, the Golf Classic chairman, welcomed the groups of golfers. Herman has been involved with the Brain Injury Association of Massachusetts (BIA-MA) The event raised $25,000, which goes directly to BIA-MA for support, prevention, education and advocacy. The players enjoyed a day of challenge on the parkland-style course. After the game was finished, everyone was invited for dinner and a silent auction as well as a live auction to benefit the cause.
  • Lawsuit Claims Inflatable Wrestling Suit Caused Brain Injury

    Randy Rozek
    23 Jul 2014 | 9:18 am
    Visit us at A teenage girl’s family in Miami-Dade County is suing the company that makes inflatable sumo wrestling costumes for allegedly causing her to have brain damage. The 15 year old girl, Celaida Lissabet, and her mother sued the charter school Mater Academy and Mega Party Events. The lawsuit contends that the suits are used for “violent recreational sumo wrestling games.” The lawsuit also alleges that the company knew of similar incidents that had happened that makes the suit dangerous. Lissabet was wearing the suit during the “Spirit Day” at…
  • Can Memory Be Restored After A Brain Injury

    Randy Rozek
    14 Jul 2014 | 12:40 pm
    Visit us at The Defense Advanced Research Projects Agency (DARPA) has awarded the University of California, Los Angeles (UCLA) Program in Memory Restoration $15 million toward a four-year project aiming to help restore the loss of memory function in those suffering from brain-injury (Nichols, 2014). According to the Center for Disease Control and Prevention (CDC), traumatic brain injury makes up 30% of all deaths related to injury. Brain injury can have such effects as impaired thinking and speech, movement, emotional functioning, as well as memory. In 2010, approximately 2.5…
  • Brain Injuries And Discrimination

    Randy Rozek
    9 Jul 2014 | 11:56 am
    Visit us at According to the Brain Injury Association of America, an average of 1.7 million people in the United States suffer brain injuries each year. Brain injuries do not discriminate, but people who suffer from them are often discriminated against and misunderstood. A traumatic brain injury (TBI) can leave individuals with ongoing impairments that stop them from finding and keeping a job. Such problems might be related to attention, memory, communication, reasoning or problem solving. It can also impair vision, coordination or sleep. Additionally, people who suffer a TBI may…
  • Signs Of A Brain Injury – A Parents Guide

    Randy Rozek
    6 Jul 2014 | 7:32 pm
    Visit us at As a parent, I know that I am vigilant if one of my children falls and bumps their head.  I know the basic signs of a concussion and when or if I need to take my child to the doctor or emergency room.  But I started thinking about what are some of the signs that aren’t as easily recognized.  With a brain injury some signs and symptoms might appear immediately after the incident while others could take days or more to show up. First, a brain injury, also known as a traumatic brain injury, is defined as an injury that occurs when an external mechanical force causes…
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  • 10 Summer Moving Tips to Make For a Breezy Transition

    Krystal Chapin
    21 Jul 2014 | 9:21 am
    It’s summertime and the real estate market is in full swing. Are you getting the moving bug? When it’s time to make the big move, will you be ready? Read these 10 Summer Moving Tips to make sure you’re prepared. Decide whether or not your move is manageable to do yourself with a few helpers, […]
  • Social Media in the Courtroom: Evidence, Hacking, and the Issue of Free Speech

    Natalie Cappellazzo
    9 Jul 2014 | 8:22 am
    As social media becomes an increasingly widespread method of communicating with friends and family, conducting business, and sharing news, it also appears more frequently within the context of the law.  For quite some time now, material from social media has been used as evidence in investigations and lawsuits alike.  Evidence gathered from a defendant’s social […]
  • Supreme Court Hobby Lobby Ruling: Beyond Birth Control

    Natalie Cappellazzo
    3 Jul 2014 | 6:40 am
    On Monday, June 30th, a divided Supreme Court ruled that closely-held, for-profit corporations are not legally obligated to provide contraception coverage to their female employees.  Initially, the case began when Hobby Lobby, a Christian-owned craft supply chain, and Conestoga Wood, a Pennsylvania-based and Mennonite family-owned wood manufacturer, decided to challenge the contraception mandate included in […]
  • FIFA World Cup Law versus Brazilian Constitutional Law: A Legislative Match

    Natalie Cappellazzo
    27 Jun 2014 | 12:06 pm
    The global outbreak of World Cup fever rages on as the highly anticipated and widely followed sporting event progresses into the next stage.  Currently in the midst of the competition, goals, saves, controversial calls, and perhaps even more controversial player antics, take center stage.  However, throughout the lead up to this World Cup, before the […]
  • When is an unpaid internship illegal?

    Natalie Cappellazzo
    26 Jun 2014 | 6:04 am
    During the summer months, thousands of college students and recent graduates flock to companies and organizations for internships in the hopes of bolstering their resumes.  About half of these positions do not offer the students any compensation.  Although there is a mutual benefit in the tradeoff between experiential learning for the students and free labor […]
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    bLAWgical Thinking

  • #barpreplife: BEWARE — Bar Prepper

    15 Jul 2014 | 11:10 am
    GUEST BLOG by Lauren Thedford, SMU Law School graduate and BARBRI bar review student 2 Weeks Left The countdown is no longer a friendly thing. To be honest, I’m not sure if it ever was. Today marks 15 days until the bar exam. The anxiety […]
  • #barpreplife: #BarPrepTweetsOTheWeek brought to you in the form of #BarPrepMovieTitles

    10 Jul 2014 | 6:21 pm
    GUEST BLOG by Lauren Thedford, SMU Law School graduate and BARBRI bar review student What do you do on a Monday night deep in the middle of bar prep? You manipulate popular movie titles into bar prep related titles. This definitely counts as human interaction […]
  • #barpreplife: I Dunno

    1 Jul 2014 | 12:39 pm
    GUEST BLOG by Lauren Thedford, SMU Law School graduate and BARBRI bar review student Hello all, It’s been a while, I know. There are really only a few things going on when you’re half-way through bar prep: 1) Stress Most days I’m stressed because I […]
  • #barpreplife: Bargression

    20 Jun 2014 | 11:11 am
    GUEST BLOG by Lauren Thedford, SMU Law School graduate and BARBRI bar review student Bargression is a thing. Bargression is when, due to bar prep, one is irrationally angry or emotional for no reason other than being stressed and overwhelmed. The catalyst could be tiny […]
  • #barpreplife: TweetsOTheWeek

    13 Jun 2014 | 8:13 am
    GUEST BLOG by Lauren Thedford, SMU Law School graduate and BARBRI bar review student Here we are with less than 47 days to go. The #BarPrepTweetsOTheWeek are pretty inspiring ranging from Monday blues to encouragement from Ryan Gosling. Check it out!   Yes, I featured […]
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    Attorney at Work

  • The Pain of the Gain: 10 Steps to a High Growth Rate

    Bob Christensen
    28 Jul 2014 | 3:00 am
    It’s unavoidable. If the goal you and your colleagues have set for your firm is a high rate of growth, you are going to be banging your heads against a wall every day. So it’s important to know up front whether that wall is made of bricks or gold. Will the gain be worth the pain? 10 Steps to Grow Your Firm These are the 10 steps I used to accelerate growth at a previous employer from start-up to nearly $1 billion a year — and use today with TheFormTool. While no approach to business will work in every circumstance, these steps are highly adaptable to a law firm — whether a…
  • Trending: Client Service

    Kandy Hopkins
    25 Jul 2014 | 2:00 am
    What’s the biggest predictor of a law firm’s success? Hint: It’s not the firm’s bottom line. The No. 1 thing impacting a firm’s long-term viability is client satisfaction. Several articles over the past month highlighted the need for firms to get and stay focused on client service — with issues ranging from core values and new ways of working, to proactive communications and providing a high level of customization. Let’s take a look. 1. Clients are canaries. Research into seven failed professional services firms, four of which were law firms, indicates declining client…
  • New Balance: Finding the Dividing Line Between Life and Work

    Jared Correia
    24 Jul 2014 | 3:00 am
    Sometime before the Great Recession (Depression?), there existed a quaint notion that people could stop working — at least some of the time. Over the course of recent years, however, the line of argumentation has advanced, with advocates of a new wave going about convincing everyone that there is really no such thing as what had been termed work-life balance. There is only your life, intrinsically and hopelessly wrapped around both personal and professional entanglements, at any and all times. While the essence of that argument is true, the practical results of such a work-life philosophy…
  • Pen on Paper Works! The Bullet Journal

    Mary Lokensgard
    23 Jul 2014 | 3:00 am
    If you’ve never sat bolt upright in bed at 3:17 a.m. convinced that you’ve missed a critical deadline, congratulations. You should bottle your secret and sell it to the rest of us — along with every other productivity guru currently writing a book or developing an app. The supply of productivity systems seems to be expanding, which tells me something: A lot of us are awake at 3:17 a.m. Over the years, I’ve tried several paper and digital systems to get a handle on the daily stuff of life. Inevitably, though, I end up with notes and reminders in multiple places — usually covered with…
  • Three Ways to Better Billing

    Annie J. Dike
    22 Jul 2014 | 3:00 am
    Billing. It’s not something we like to talk about, but it is something lawyers have to do regularly, so it deserves some attention. Making sure you capture all of your billable time and produce clear, coherent invoices for it helps ensure you get paid the fees you have earned. Here are three tips to help sharpen your billing pencil and even get more billable work out of your day. 1. Break it out. Don’t bill in blocks, bill in bites — small, bite-size pieces that detail all of the hard work you put into your pleadings and the like. Take a motion for summary judgment, for example.
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    Law & Industry Daily

  • Economist Calls for Fair Taxation: Six Ways to Boost Our Economy and Crack Down on Tax Dodgers (Video)

    Law & Industry Daily News Services
    24 Jul 2014 | 11:16 am
    By Law & Industry Daily News Services Economist Calls for Fair Taxation: 6 Ways to Boost Our Economy and Crack Down on Tax Dodgers (Video) (via Atlas Left) This week on Moyers and Company Bill Moyers hosted Nobel Prize-winning economist Joseph E.→ ... Continue Reading.
  • Middle-Class Americans Leading The Solar Rooftop Revolution

    Law & Industry Daily News Services
    24 Jul 2014 | 11:16 am
    By Law & Industry Daily News Services Middle-Class Americans Leading The Solar Rooftop Revolution (via Clean Technica) According to recent Center for American Progress (CAP) studies, middle-class America is buying into the solar market.→ ... Continue Reading.
  • Clinton, Polls Targeted As Republicans Revive Scandals

    Law & Industry Daily News Services
    24 Jul 2014 | 11:16 am
    By Law & Industry Daily News Services Clinton, polls targeted as Republicans revive scandals (via AFP) Republicans are reviving well-worn political scandals as they bid to seize control of Congress in mid-term elections while seeking to check Hillary Clinton’s momentum towards a possible presidential bid in 2016.→ ... Continue Reading.
  • The Real Cost of Corporate Tax Dodgers

    Law & Industry Daily News Services
    24 Jul 2014 | 11:16 am
    By Law & Industry Daily News Services Clip: The Real Cost of Corporate Tax Dodgers (via Moyers & Company) Microsoft had $60.8 billion in profits offshore in 2012.→ ... Continue Reading.
  • Lawmakers Want GAO To Study Federal Employee Morale

    Law & Industry Daily News Services
    24 Jul 2014 | 11:16 am
    By Law & Industry Daily News Services Lawmakers want GAO to study federal employee morale (via Federal Daily) Three House Democrats have asked the Government Accountability Office to examine federal employee morale and engagement.→ ... Continue Reading.
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    The Attorney Marketing Center

  • The single most important question in legal marketing

    David M. Ward
    25 Jul 2014 | 10:19 am
    Knock Knock. Who’s there? New clients. New clients who? New clients aren’t going to hire you unless you give them a good answer to this question. It’s the single most important question in legal marketing. Unfortunately, most attorneys don’t have a very good answer. Here’s the question: “Why should a prospective client hire you instead of any other attorney or firm?” Inadequate (but typical) answers include: “We’re good at what we do” “We work hard for our clients” “We provide excellent ‘customer…
  • Reba McEntire: “To succeed in life, you need three things. . .”

    David M. Ward
    24 Jul 2014 | 11:49 am
    In the “I wish I said it” category comes this quote from singer, song writer, and actress, Reba McEntire: “To succeed in life, you need three things: a wishbone, a backbone, and a funny bone.” Good advice for everyone, but especially lawyers. We need to dream big to make it big. You can’t “play” at this profession, you have to go for it. Make big plans and take bold action. Another quote, author unknown, sums it up: “Life’s journey is not to arrive at the grave safely in a well-preserved body, but rather to skid in sideways, totally worn…
  • How to get more clients from your newsletter

    David M. Ward
    23 Jul 2014 | 10:31 am
    When I launched my new ebook on Kindle recently I set up an email list for purchasers. If they subscribe, they get tips and other goodies from me related to the subject matter of the book (network marketing recruiting). They get value from me by being on the list. I get a mechanism for promoting my books. It’s a small list right now, and that’s fine. Sure, I want lots of subscribers, but more than quantity, I want quality. You should, too. If you have a large list that’s not producing many inquires for your services (or buying anything else you’re selling or…
  • Slaying the perfectionism dragon

    David M. Ward
    22 Jul 2014 | 10:13 am
    A short article on the website caught my attention. In “Start Before You’re Ready, Really,” the author urges us to launch our new business, project or idea before we are, or it is ready. You can set up a quick Facebook page instead of a website, or a simple (ugly) web page just to get something “out there”. Run the idea up the digital flagpole and see who salutes it. The author started her new business with just one strategic alliance partner (referral source), who sent her enough business to help her get her business off the ground. Had she…
  • Where I get some of my craziest ideas

    David M. Ward
    21 Jul 2014 | 10:08 am
    When I began my quest to learn about marketing legal services, there weren’t many books available on the subject. There were the usual ABA assortment, with advice for big firms, and some books on starting a new practice (thank you, I know how to order business cards), but nothing that was immediately usable to me. I didn’t need theory, I needed to know what to do today to bring in some business tomorrow so I can pay my rent on the first. Hungry for ideas, I turned to books written for other disciplines. I read books written for retail store owners, insurance sales people, and real…
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    Valensi Rose Law

  • Unusual Facts Lead to Unprecedented Victory for Lender

    About Valensi Rose, PLC
    22 Jul 2014 | 9:01 am
    By Gary TorrellI’d like to discuss a recent case where unusual facts and aggressive actions, led to an almost unheard-of victory for one of our lender clients.Many homeowners miss a monthly mortgage payment or two, then make it up. But when three to five consecutive payments are missed, the lender often attempts to collect or reach a loan modification with the borrower and, if that process is unsuccessful, the lender begins to foreclose.California and federal laws (including bankruptcy) protect homeowners and can delay a foreclosure for six months to over a year. During this time the…
  • IRS Offers Clean Slate for Undeclared Foreign Accounts

    About Valensi Rose, PLC
    14 Jul 2014 | 9:49 am
    By Mayer NazarianIf the tax status of your undeclared overseas accounts is keeping you up at night, effective July 1st Uncle Sam may have just issued you a “Get Out of Jail Free Card.” The IRS has announced a big change to their Offshore Voluntary DisclosureProgram (OVDP), making it easier than ever for those with undeclared offshore accounts to reach tax compliance.Over the past seven to eight years, the IRS has stepped up their enforcement of auditing individuals with over $10,000 in accounts overseas. Under previous programs, even voluntarily coming forward and declaring the overseas…
  • Demanding Transparency from your Broker

    About Valensi Rose, PLC
    1 Jul 2014 | 1:11 pm
    By Gary TorrellWhen traversing the complicated transition into home ownership, buyers often view their real estate broker as a trustworthy, impartial advocate. While brokers offer helpful advice throughout the process, it’s important to recognize the economics of the situation: brokers are only paid when they make a sale, and thus are biased towards closing the deal. And when one broker represents both buyer and seller, a buyer may need to take extra steps to ensure transparency.A recent court decision over the sale of home in Malibu dealt with the broker’s liability in reporting the…
  • Avoid Estate Planning Worry: Start Educating Your Children Early

    About Valensi Rose, PLC
    26 Jun 2014 | 3:26 pm
    By Bruce SiresA few weeks ago, I was consulted for a CBS News article about preparing children to handle the financial windfall of a large inheritance. In the article, which you can read here, I suggested parents start educating their children early with hands-on exercises in saving, investing and giving back.  I’d like to expand on that advice.Depending on a child’s financial education, they may see a large sum of money as something to be spent, and not as a foundation for a secure future. In many cases, these children grow up being spoon fed by their parent’s wealth, without…
  • A Match Made in Bar Heaven

    About Valensi Rose, PLC
    13 Jun 2014 | 4:02 pm
     Matching young lawyers with those in need of pro bono legal servicesBy Autumn RondaPro bono work is a valuable experience for any young attorney. Specifically, a young attorney will find that he or she is creating the opportunity to gain practical lawyering skills, while making a positive impact in the community by helping those who cannot afford legal services. In an article I wrote for the Beverly Hills Bar Association, I discuss the reciprocal benefits of pairing young lawyers in need of real-world experience with those in need of pro bono legal services, and suggest…
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    Law Firm Internet Marketing Blog | Attorney Search Engine Optimization SEO | News & Tips


    Dustin Ruge
    24 Jul 2014 | 5:00 am
    There is a good deal of discussion these days about client/case conversion but what attorneys often fail to realize is something that the insurance companies learned a long time ago: most people buy from the first responder. Geico, who has literally spent billions of dollars on their brand name alone, found in their own studies that most people will only get one insurance quote and then buy from that firm. When it comes to attorneys, people’s buying habits are no different. In FindLaw’s recently released 2014 consumer legal needs survey they found that fully 72% of respondents indicated…
  • AZ Bar Association Phoenix CLE: Social Media For Attorneys (1 Credit)

    Dustin Ruge
    11 Jul 2014 | 9:19 am
    Dustin Ruge will be speaking at the AZ Bar Association (Phoenix HQ) on the importance and strategies surrounding social media for attorneys on July 11th @ 12 noon. Presentation will be live and available via webcast.For more information and registration:  AZ Bar Association CLE Programs Date & Time: Friday, July 11th at 12 noonCLE Credits: 1Location: 4201 North 24th Street, Suite 100, Phoenix, AZ 85016Faculty: Dustin Ruge #cle  #socialmedia #lawyermarketing
  • Upcoming AZ Bar Association CLE: Social Media For Attorneys (Ethics Credits)

    Dustin Ruge
    13 Jun 2014 | 1:49 pm
    The Arizona Bar Association with host a CLE presentation on the changing role that social media has on attorneys and how to best utilize such vehicles to improve and grow your practice. Attorneys come away with a better understanding of trends in social media, social media best practices to promote your law firm and the importance of social media policies. LEARNING OBJECTIVES:Develop a social media strategy for your firmCreate social media policies for your firmSEMINAR CHAIR: Dustin RugeRegional Manager, FindLawTime & Location: June 30, 20141:30 PM - 3:00 PM (Arizona)00676-SRO- State Bar…
  • 26% of Car Crashes Caused By Cell Phone Use

    Dustin Ruge
    9 Jun 2014 | 11:15 am
    Many personal injury and criminal defense attorneys fail at advertising due to the lemming syndrome. Most will write the same content, advertise in the same ways, do what everybody else does and then expect a different result. The bottom line is there is far to much competition today to be successful as a Lemming. You need to become unique, learn how to set yourself apart and the first place to start is with the facts... In March, the National Safety Council released their 2014 injury facts report that included a few key findings:- Poisoning & Drug Overdoses were the leading causes of…
  • Organic Search & Google + Lead The Way on ROI (Return On Investment)

    Dustin Ruge
    6 Jun 2014 | 8:45 am
    So how does the Return On Investment (ROI) for Organic Search compare to PPC (Pay Per Click or Google Adwords) advertising?  This is a question I receive on almost a daily basis from attorneys. A recent survey by BrightLocal was conducted to determine the highest levels of ROI -  and the results may be surprising to some. We often think in the context of organic search versus PPC but what this surveys shows is that we may be missing one of the most important and fasting growing tools of all: Google + / Google Local.Since 2009, we have been posting countless articles on the…
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    Estate Law Canada

  • She told me I'd inherit the house but didn't say so in her will. Now what?

    26 Jul 2014 | 10:45 am
    What if someone in your family promised that you would inherit her house, but then doesn't say so in her will? Is there anything that can be done? Does it make a difference that the other beneficiaries agree that you can have the house? This topic was raised recently by a reader of this blog. Her note and my reply are below. "My aunt died recently and her will doesn't mention anything in
  • Can an executor back away without personal liability if the job is too much?

    25 Jul 2014 | 10:02 am
    If a person takes on the job of executor and finds that she can't handle it, can she back out? And if she does, will she incur personal liability? A reader asked me about this recently. As this situation is one that I hear about frequently, I decided to share this. His question and my answer are below: "My father in law just passed away last week. My wife has been named as executor in his will
  • Estate planning for disabled beneficiaries

    22 Jul 2014 | 7:37 am
    One of the estate-planning goals often stated by the parents of disabled children is to provide for the children without causing them to be cut off from provincial government benefits. Achieving that goal may involve pulling together several pieces of a puzzle, including the will, trusts, RDSPs, and possibly more. I recently found the attached article at, which goes into
  • Pleased to have made the Personal Finance Guru list

    21 Jul 2014 | 6:35 pm
    Thanks to Cory Papineau for including me in his Top 25 Personal Finance Gurus in Canada list! I'm honoured to be on this list along with so many people that I respect and admire. "Here are my top 25 Personal Finance Gurus in Canada (no particular order). @JonChevreau @bluntbeancountr @rcarrick @estatelawcanada @jimyih — Cory Papineau (@Iam_Canadian) July 21, 2014" (via Twitter)
  • Editor-in-chief runs for mayor of Vancouver

    15 Jul 2014 | 8:36 pm
    I would like to introduce my west coast readers to Kirk Lapointe, who is the publisher and editor-in-chief at the company that  has published five of my books. Kirk has announced his intention to run for mayor of Vancouver. I can't vote for him, as I live on the other end of the country, but I can let you know that he is great to work with. Click here to read more. This picture of Kirk was
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    AZ Attorney

  • Combating the word crimes committed daily

    25 Jul 2014 | 9:30 am
    Nothing lightens a busy week’s load like a grammar lesson. Hmmm, scratch that. Instead: Nothing lightens a busy week’s load like “Weird Al” Yankovic. That’s more like it. OK, even if you’re not a “Weird Al” fan, you may enjoy his video take on the importance of grammar (didn’t see that coming, did you?) (And before I forget to ask, how many decades do we have to see “Weird Al” Yankovic in this country before we’re able to simply drop the apostrophes? Odd, don’t you think? Probably a legal name, like somewhere in performance history, there’s already an Equity actor…
  • When and how did we get “mass incarceration”? @ollie explains

    24 Jul 2014 | 9:30 am
    How serious do Americans think our incarceration crisis is? Their word choice provides a clue. It may be wonkish and nerdy to admit, but I enjoy the etymological side of public policy quite a bit. Wait, that sentence itself is pretty incomprehensible. So let me start again. We may all know “mass incarceration” when we see it (especially in the United States). But where did the term come from? Who used it first? And is it a neutral phrase, or laden with ideological baggage? That is the conceptual adventure a reader embarks on when they begin a recent article on the Brennan Center website…
  • Bar associations entice lawyers to rural law practice

    23 Jul 2014 | 9:30 am
    Some of us muse on the pleasures of a rural law practice. And others do something about it. I have written before (like, here) about efforts to transform underemployed lawyers into busy rural attorneys. Not to romanticize the notion, but there is something fulfilling about a law practice in which you know many residents of your community. Around the country, many communities suffer the effects of too few attorneys to do the necessary work. And a recent story in Associations Now explored the strategy of two bar associations—in Nebraska and Iowa—that devised strategies to address the…
  • New judicial selection plan proposed by @IAALS and Sandra Day O’Connor

    22 Jul 2014 | 9:30 am
    In a video screen-shot, Justice Sandra Day O’Connor (center) describes a proposed judicial selection plan. The dialogue over how we select judges continues in earnest across the country, and retired Justice Sandra Day O’Connor continues to be in the thick of it. As Justice O’Connor recently said, “The courts are the bulwark of our democracy, and we can ill afford to see them undermined.” Last week, we read an announcement that a new proposed plan had been released, and it is named the O’Connor Judicial Selection Plan. (The complete plan is here.) The new proposed plan was…
  • July 25 seminar on #UnaccompaniedMinors by Florence Project, @AILANational

    21 Jul 2014 | 9:30 am
    When the planning for this Friday’s educational seminar on unaccompanied minors in federal custody occurred, would anyone have guessed the topic would grip the nation? Attorneys have been invited to attend the immigration CLE by the American Immigration Lawyers Association and the Florence Immigrant & Refugee Rights Project. Space for the Phoenix event is limited to 180 people. As the Florence Project says, “Please share this with your colleagues at your law firms and with other attorneys who may be interested in helping detained immigrant children.” The cost to attend is $75 until…
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    Law Donut blog feed

  • Why you should make a will

    21 Jul 2014 | 4:37 am
    Believe it or not, a will is extremely important. If you have not written one yet, here is why you should do so as soon as possible. If you die without a writing a will you are considered to have died “intestate”. This means the law decides how your estate is passed on – even though it may not be what you wanted. Intestacy rules If you pass away before your spouse and children your personal possessions and all assets valued up to £250K goes to your surviving spouse or registered civil partner and everything else is split equally between your spouse and your children. However, your…
  • Who will hold the online criminals to account?

    14 Jul 2014 | 6:10 am
    Last month, the UK government was trumpeting its role in disrupting the GOZeuS malware, which has affected over 15,000 UK computers. Computer users were told this work gave them a two-week window to identify weaknesses in their own systems and purge infected machines of malware. Overall, it’s believed GOZeuS — together with its accompanying malware Crytolocker — was responsible for emptying bank accounts of £60m, worldwide. Russian hacker, Evgeniy Bogachev, is thought to be the brains behind the operation. The malware itself is unknowingly distributed via email attachments or links…
  • How to deal with grumpy employees

    7 Jul 2014 | 1:56 am
    Many of us will have worked with a grumpy colleague or employee, people who are best avoided some or even most of the time. Some of us may even be those very people, of course. Having to share oxygen with grouchy, cantankerous, huffy, prickly, churlish, sniffy, waspish workplace Victor Meldrew types, who function as ‘drains’ rather than ‘radiators’, is energy-sapping. But the good news for employers is grumpy staff are more productive. That’s according to a study carried out by the universities of Illinois and Pennsylvania, as published recently in the journal Social Psychology (and…
  • How will the new Defamation Act protect online reputation?

    23 Jun 2014 | 3:38 am
    As a business using social media, it is important to remember the following: When you publish something on social media it tends to be permanent; Although the communication may be intended for a particular audience, it can be disseminated, beyond your control, far more widely; International law, including the European Convention on Human Rights (as incorporated into our law by the Human Rights Act 1998), recognises the right to freedom of expression; However, the same laws recognise equally important rights such as privacy and reputation. Protecting reputation is a primary concern for…
  • What if one of your employees was diagnosed with a serious illness?

    18 Jun 2014 | 6:52 am
    If one of your employees is diagnosed with a serious illness, you need to understand your legal responsibilities regarding the support you are legally obliged to provide, as well the employee’s legal obligations. Technically, if an employee is diagnosed with a long-term illness such as cancer, they are defined in law as disabled, and once under the Disability Discrimination Act (DDA) employers must make changes to accommodate the employee’s needs at work.  What serious illnesses are defined legally as disabilities? If you have any kind of long-term, serious illness it could be…
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    Accellis Technology Group

  • How Secure is Your IT Network? [Quiz]

    Accellis Technology Group
    24 Jul 2014 | 6:46 am
    In 2011, the Federal Bureau of Investigations organized meetings with top law firms in the US to highlight the computer security threats and the very real risk of cyber-crimes against their firms. While many of the top law firms have made strides to better protect their data, many small to mid-sized firms still do not fully understand the risks and implications of failing to adequately protect their rich repositories of personal information and intellectual property. This interactive quiz is designed to provide you with a high-level assessment of your firm’s security capabilities. Find out…
  • Client Spotlight: Nicola, Gudbranson and Cooper, LLC.

    Accellis Technology Group
    21 Jul 2014 | 6:00 am
    Gloria L. MerrittNicola, Gudbranson & Cooper, LLC We’ve had the pleasure of working with Gloria Merritt at Nicola Gudbranson & Cooper, LLC since 2010. Nicola Gudbranson & Cooper, LLC provides legal solutions to business owners and executives, professionals, and governmental entities throughout the State of Ohio. We were delighted to chat with Gloria for today’s Client Spotlight! What is your role? Office Manager at Nicola, Gudbranson and Cooper, LLC. What is your favorite part of your job? I honestly have to say I thoroughly enjoy the variety my job affords me. On any given…
  • Cyber Security Threats to Small and Mid-Sized Firms: Why Now?

    Joseph Marquette
    14 Jul 2014 | 10:46 am
    With all the discussion lately about law firm security and the expectations for increased diligence in protecting your data, it’s understandable that many firms are asking – why now? In this post, we’ll review the growing importance of cyber security, why law firms are vulnerable to attacks, and the obligation they have to their clients in the event of a security breach. Why are we hearing so much about law firm cyber security these days? What has changed in such a way that firms now have to spend time and money dealing with something that was seemingly a non-issue a year ago? The…
  • Client Spotlight: Gabriel Partners, LLC

    Accellis Technology Group
    7 Jul 2014 | 5:43 am
    John EllisGabriel Partners, LLC Today we’re continuing with our Client Spotlight series where we feature some of the superb people our technicians work with every day. We got together with John Ellis of Gabriel Partners LLC. Gabriel Partners provides financial and risk analytics, intelligence and advice to financial institutions including banking private equity, insurance and securities firms, law practices, corporations and governments both domestically and globally. What is your role? I am a part-owner of Gabriel Partners LLC. My role is to help manage its bank compliance outsourcing…
  • 7 Reasons Law Firms Should Outsource Their IT Operations

    Abbie Hosta
    2 Jul 2014 | 8:30 am
    Over the last decade, advancements in computer technology have dramatically changed the way lawyers manage their offices. Today, lawyers are able to take on more cases, keep better track of clients, and quickly sift through more information than ever before. The importance of technology in today’s law firm can no longer be ignored…and neither can the growing complexity. So how can the average attorney, office manager, or administrator juggle all the pieces and parts that make up your IT environment? Perhaps you’ve contemplated hiring an internal IT staff member. Adding an additional…
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    CFTC LAW | Forex, Futures and Derivatives Regulatory News

  • CFTC Delays Enforcement of Reporting for Cleared Swaps

    Reuben Levavi
    3 Jul 2014 | 8:01 am
    CFTC Delays Enforcement of Reporting for Cleared SwapsThe CFTC’s Division of Market Oversight this week granted no-action relief from certain requirements applicable to swap dealers and major swap participants regarding the reporting of swap transactions to swap data repositories. The no-action relief, issues June 30, 2014, extends previous no-action relief regarding the reporting of valuation data reporting of cleared swaps. Under section 2(a)(13)(G) of the Commodity Exchange Act and part 45 of the CFTC’s regulations, reporting counterparties must submit both creation data…
  • Congresswoman Urges Review of Bank Guarantees of Offshore Affiliates

    Reuben Levavi
    16 Jun 2014 | 9:57 am
    Congresswoman Urges Review of Bank Guarantees of Offshore AffiliatesMaxine Waters, ranking member of the House Financial Services Committee, urged the CFTC this week to begin investigating the offshore actions of Wall Street banks in avoiding certain mandates set forth in the Dodd-Frank Act. In a letter to Timothy Massad, the CFTC’s recently-confirmed chairman, Representative Waters criticized the removal by banks of parent guarantees from overseas affiliates, which allows banks to trade in the interdealer market while skirting Dodd-Frank restrictions aimed at increasing price…
  • Senate Confirms Three New CFTC Commissioners

    Reuben Levavi
    4 Jun 2014 | 9:36 am
    Senate Confirms Three New CFTC CommissionersThe US Senate Monday voted to approve the nomination of three new commissioners to the CFTC, including Timothy Massad, who will replace Gary Gensler as CFTC chairman. Mr. Massad had served from 2011 to October 2013 as the Assistant Secretary for Financial Stability at the Treasury Department and has overseen the Troubled Asset Relief Program created in response to the 2008 US financial crisis. In addition, the Senate approved the nominations of Sharon Bowen and Christopher Giancarlo to serve as CFTC commissioners. While both Mr. Massad and…
  • CFTC Announces First Whistleblower Award

    Reuben Levavi
    28 May 2014 | 1:16 pm
    CFTC Announces First Whistleblower AwardThe CFTC announced last week its first award under the whistleblower award program initiated pursuant to the Dodd-Frank Act. Under the program, eligible whistleblowers are entitled to a financial award where original information provided leads to a successful enforcement action and the collection of at least $1 million. Whistleblowers who file successful claims are also entitled to job security and confidentiality. Though the identity of the awardee remains undisclosed, the CFTC Whistleblower Award Determination Panel deemed the information…
  • TeraExchange Announces First Bitcoin Derivative

    Felix Shipkevich
    28 Mar 2014 | 9:28 am
    TeraExchange Announces First Bitcoin DerivativeTeraExchange has recently announced that it has created a swap involving the average exchange rate of bitcoin and plans to list it on its Swap Execution Facility. This bitcoin derivative was created on behalf of two clients as a bilateral swap, and while neither party has acted upon the agreement, they are expected to soon, according to Reuters. This agreement marks the first time a bitcoin derivative will be traded, and as such, it will be the first time the digital currency will come under regulation from the Commodity Futures Trading…
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    The Litigation Consulting Report

  • 7 Questions Will Save You Money with Litigation Graphics Consultants

    Ken Lopez
    24 Jul 2014 | 11:45 am
    by Ken LopezFounder/CEOA2L ConsultingI have been running an organization that offers litigation graphics consulting as one of its services for nearly 20 years. I've worked with both large and small law firms, I have worked with clients in many countries, and I have worked on large and small cases. After all that experience, spanning thousands of cases, I can split up the clients who engage A2L Consulting for litigation graphics consulting work into two camps: "Do This" Clients "Help Us" Clients Some clients come to A2L and say, this case is complicated, we've been working on it for years, and…
  • The Top 12 Litigation Consulting Articles from Q2

    Ken Lopez
    17 Jul 2014 | 6:40 am
      by Ken LopezFounder/CEOA2L Consulting Long time readers of this blog know that we are big on lists. When the American Bar Association named the Litigation Consulting Report one of the top 100 legal industry blogs, even they said, "it's hard to resist the infectious numbered-list headlines that keep us reading their chatty, first-person posts answering questions we hadn't yet thought to ask." At least once per quarter, I try to highlight recent articles that were unusually popular. It's easy to miss a great article with so much being published weekly. Today, I am highlighting the top…
  • 3 Articles Discussing What Jurors Really Think About You

    Ken Lopez
    16 Jul 2014 | 6:25 am
      by Ken LopezFounder/CEOA2L ConsultingI enjoy reading any article about juror feedback. However, finding such articles is pretty tough. Few authors have the time, budget or access to jurors to ask them what they think about the experience of trial and the lawyers involved. As a litigation consultant, I have had the privilege of seeing many trials and mock trials over the past 20 years. In that time, I've observed certain characteristics that all mock juries possess. My colleague, Dr. Laurie Kuslansky, wrote a great article about commonalities among mock juries that is one of the…
  • The Top 14 TED Talks Talks for Lawyers and Litigators 2014

    Ken Lopez
    11 Jul 2014 | 12:30 pm
      by Ken LopezFounder/CEOA2L ConsultingIn 2012, I wrote an article called The Top 10 TED Talks for Lawyers. Back then, most readers didn't know what TED was. Now, just a couple of years later, a majority of people have heard of TED and most have usually seen at least one TED talk. Over the last several years, a number of TED offshoot events were launched that dramatically increased the footprint and influence of TED and its "ideas worth sharing." TEDx events are TED-like speaker conferences but are independently organized and usually quite local. TEDed videos are informative videos…
  • The 13 Biggest Reasons to Avoid Last-Minute Trial Preparation

    Ken Lopez
    26 Jun 2014 | 12:00 pm
      by Ken LopezFounder/CEOA2L Consulting When someone first works in the litigation consulting industry, the last-minute nature of trial preparation very often shocks them. In my experience, about half of all trial teams spend months or years preparing and testing themes, rhetorical strategies, and different approaches to their visual trial presentation. The other half of trial teams jam all trial preparation into the last month or two before trial. No one approach is right for everyone, and I have certainly seen both approaches work well. After all if you are forced to prepare…
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    New Jersey Injury Attorney Blog

  • Motorcyclist Critically Injured in New Jersey Crash

    1 Jul 2014 | 12:42 pm
    A 73-year-old Flanders man is in critical condition after he was injured in a New Jersey motorcycle accident. According to a news report in The New Jersey Herald, the motorcycle crash occurred on Route 206 near the Harmony Lodge in Andover Township. Officials say a 38-year-old woman stopped to turn left when her 2013 Ford Escape was struck in the rear by a 1999 BMW motorcycle. The rider was ejected, critically injured, and airlifted to a nearby hospital. The driver of the SUV was treated and released. An investigation is underway to determine the cause of the crash. Motorcycles provide little…
  • Preventing Bicycle Accident Injuries This Summer

    24 Jun 2014 | 12:34 pm
    Summertime is a great time to get around New Jersey on your bike. You can stay fit, have fun, and save money. However, bicycling in New Jersey can prove dangerous if you are not careful. Make sure you always wear a helmet and exercise safe riding habits. Here are a few tips to help you stay safe when riding this summer: Increase your visibility. Under New Jersey law, all riders at night are required to have a front headlamp that emits a white light, a rear lamp with a red light, and a red rear reflector. Whether you are on your bike at night or during the day, you should wear bright clothes…
  • New Jersey’s Weirdest Historical Tourist Attractions

    28 May 2014 | 3:12 pm
    History buffs have a lot to love in New Jersey. One of the thirteen original colonies, the state’s reputation as the “Crossroads of the American Revolution” is founded on battlefields, historical houses, and other sites that preserve and recreate our nation’s past. But it’s also home to some slightly weirder historical preservations. If you’ve seen the battlefields and can’t stand the thought of one more day at a museum, try checking out these offbeat historical finds: 1. Alexander Hamilton’s Death Rock Alexander Hamilton, the Founding Father whose face graces the $10 bill, is…
  • Woman Killed in Gloucester County DUI Crash

    9 May 2014 | 10:35 am
    A 74-year-old woman was killed in a Gloucester County car accident, which officials say involved a suspected drunk driver. According to a WPVI news report, the fatal DUI crash occurred at the intersection of Holly Avenue and Lambs Road in Mantua. Officials say a 38-year-old woman was intoxicated when she crashed her Mercedes Benz into the passenger side of a Buick LeSabre. The 76-year-old driver of the Buick was injured and his wife was killed. The driver of the Mercedes was jailed and charged with vehicular homicide. According to the National Highway Traffic Safety Administration (NHTSA),…
  • Construction Workers Injured in New Jersey Parking Structure Collapse

    15 Apr 2014 | 11:43 am
    Two construction workers were hospitalized after being injured by the partial collapse of a parking garage. According to a news report in The Republic, the construction accident occurred at New Jersey's William Paterson University in Wayne. Officials have not released information regarding how the parking garage collapsed, and inspectors are trying to determine if work can resume at the 1,000-space, five-level garage. The two injured construction workers were hospitalized with non-life-threatening injuries. Inspecting construction sites for potential dangers is an important part of keeping a…
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    The Ledger Law Firm

  • The Role Of An Auto Accident Attorney California In The Claim Process

    25 Jul 2014 | 12:42 am
    Did you happen to be a victim of a recent car or truck accident? You are likely to be healing slowly out of the physical injuries and trying to get back on your feet. You are also required to deal with the associated emotional trauma. In this scenario, you will notice that loads of suggestions and advices pour in at various levels regarding dealing with physical injuries and emotional trauma. One of the worries that is likely to eat up your head is the expenses that you are likely to incur on your medical bills and on your car repairs. The situation can be totally desperate. One of the things…
  • Hiring Car Accident Attorneys Factors To Consider

    19 Jul 2014 | 3:08 pm
    Car, truck, motorcycle or any other automobile accident is a highly traumatizing experience. No one is adequately prepared for facing such unfortunate happenings but when you do have to face such eventualities, there is no way of running away from the reality. You will have to make quick and prudent efforts so that you can recover fast from the physical, mental and economical damage your car or truck accident has caused you. One of the important measures that you are required to take is finding a car accident attorney in California who can assist you with the ordeal and who can represent you…
  • How a lawyer can still prove a trucking company’s negligent ways when it admits vicarious liability as a tactic to avoid a jury hearing evidence of direct negligence

    25 Jun 2014 | 7:02 pm
    Helpful tips for all truck accident lawyers when dangerous trucking companies admit vicarious liability and then move to dismiss any direct negligence claims I’ve litigated many serious truck accident cases in California, and this latest tactic is truly alarming. Dangerous trucking companies who do not play by the rules or care about safety are admitting vicarious liability as a tactic to keep out evidence of direct negligence, such as negligent hiring, entrustment and supervision of unfit truck drivers. What happens is this: inevitably, an innocent person gets seriously hurt or killed in a…
  • Personal Injury Cases; File in a Timely Manner or Lose Your Rights

    22 Apr 2014 | 2:51 pm
    The law provides remedies for those who have been harmed by the actions of another; justice demands nothing less.  Yet the procedural nature of the law requires any claim to be filed in an appropriate manner as established by statute.  Statutes of limitations define the time period in which an individual can file a law suit and differ based upon the nature of the suit. The General Rule for Personal Injury Cases California law mandates that a person injured by the negligence of another file a claim for damages within two years of the date of injury or of the date of discovery of the…

    17 Feb 2014 | 12:08 pm
    No one expects to go through a personal injury law suit in their lifetime. In fact, taking preventative measures to avoid a law suit is usually a good rule of thumb. Circumstances can change in an instance. Through no fault of your own you may find yourself knee deep in the muck and mire of conflict ill equipped to manage the task at hand. To make matters worse, sustaining an injury that threatens your family, livelihood, and life as you know it may create a level of pressure that is very difficult to bear. Securing an exceptional personal injury attorney to help navigate the legal waters of…
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    Alabama Workers Comp Blawg

  • Alabama Workers’ Compensation Rate Change Effective July 1, 2014

    8 Jul 2014 | 7:50 am
    Beginning July 1, 2014, the maximum worker’s compensation payable was raised to $794 per week and the minimum was raised to $218 per week. This change was based on the Commissioner of Labor’s determination that the State’s average weekly wage was $794.27, and the change is effective for any injury occurring on or after July 1, 2014.
  • Racing to the Courthouse still a Consideration in Alabama Workers Compensation Cases

    2 Jul 2014 | 4:42 am
    With Tennessee implementing its new administrative system this week, Alabama is now one of the only states left to use state courts to adjudicate its workers’ compensation cases. For that reason, if more than one venue is proper, it is still possible to gain a strategic advantage in Alabama by filing the lawsuit first. Case in point, the Alabama Court of Civil Appeals released its opinion in Ex parte Blair Logistics, LLC on June 27, 2014. In Blair, the Court considered a situation where the plaintiff filed a complaint for workers’ compensation benefits in Jefferson County. A…
  • Alabama Court of Appeals Rules that Employer Must Pay Claimant’s Family Members to Assist with Activities of Daily Living

    16 Jun 2014 | 9:23 am
    On June 13, 2014, the Alabama Court of Civil Appeals issued its opinion in Alabama Forrest Products Industry Workmen’s Compensation Self Insurer’s Fund v. Harris. In 1990, Harris sustained a severe work-related injury to his pelvis and right leg. As a result of his injuries, Harris was permanently and severely limited in his lifting, bending, stooping, squatting, climbing, and walking. Those limitations allegedly prevent him from performing ordinary activities of daily living without assistance. Since his injury, Harris’s daughter had been assisting him in getting in and out…
  • Mortality Tables not Admissible in this Alabama Retaliatory Discharge Case

    11 Jun 2014 | 6:44 am
    Guyoungtech USA, Inc. v. Dees On June 6, 2014 the Supreme Court of Alabama issued a lengthy opinion covering many issues related to a Retaliatory Discharge case tried in Conecuh County Circuit Court. Dees, the employee, was injured on March 14, 2011, 4 months after she was hired. Shortly before hiring Dees HMMA reduced its orders from Guyoungtech. In November of 2010 Guyoungtech laid off 300 employees and then another 212 in May of 2011. Dees was one of the layoffs in May of 2011. As a result Dees filed the retaliatory discharge claims alleging she was fired because of her workers’…
  • Alabama Supreme Court Now Decides To Stay Out Of Work-Product Issue

    3 Jun 2014 | 6:04 am
    In Ex parte Schnitzer Steel Industries, Inc., released on September 27, 2013 (summarized on our blog September 28, 2013), the Alabama Supreme Court granted the employer’s petition for writ of mandamus and held that the post-accident report was prepared in anticipation of litigation and, therefore, was considered work product and not discoverable. On May 30, 2014, the Alabama Supreme Court decided not to get involved in a work product issue in Ex parte USA Water Ski, Inc. and denied the petition for writ of mandamus filed by USA Water Ski, Inc. The issue came before the Supreme Court…
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    Wexler Wallace Law Firm Blog

  • Victims With No Redress: The Recent Rise and Fall of Data Breach Class Actions

    Dawn Goulet, Associate
    24 Jul 2014 | 2:50 pm
    Earlier this week, the e-commerce website e-Bay was sued in federal court in Louisiana for allegedly failing to implement adequate security measures to protect the identities of its millions of customers.  e-Bay announced in May that there had been unauthorized
  • The 2014 ABA Law Blawg 100: Cast A Vote For Wexler Wallace

    Amy Sayre, Paralegal
    24 Jul 2014 | 1:43 pm
    Since its inception in 2010, the Wexler Wallace blog has endeavored to be a site that informs consumers, businesses and the legal community alike to the issues of the day that affect our readers and our practice. We’ve written about
  • The Fallout from Hobby Lobby

    Corey Raines, Associate
    18 Jul 2014 | 9:14 am
    On June 30, 2014, the United States Supreme Court handed down a landmark ruling in Burwell et al. v. Hobby Lobby Stores, Inc., et al. that has triggered a tidal wave of responses and opinions.  Under the Affordable Care Act (ACA),
  • The High Price of Easy Money: Another Bill Comes Due

    Tyler Story, Associate
    1 Jul 2014 | 8:54 am
    Consider the following: Banks lure consumers into substantial loans in return for minor payments in the near-term. The loan payments eventually adjust to include both the interest and principal amount. Consumers lack the resources to cover the higher payments; a
  • The Hits Just Keep On Coming… Halliburton v. Erica P. John Fund

    Kara Elgersma, Partner
    25 Jun 2014 | 1:32 pm
    Two days ago, the Supreme Court issued its opinion in Halliburton Co., et al. v. Erica P. John Fund, Inc., No. 13-317, holding that at the class certification stage of a securities fraud class action, a defendant may offer direct
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  • Marketing to Other Lawyers?

    21 Jul 2014 | 2:31 pm
    The idea of marketing your law practice to other lawyers might sound a little strange at the outset, but there is a method to the madness.  After all, you likely get a portion of your work via referrals from other lawyers.  (If you don’t, then you should REALLY start doing that.)  Just as you market to former clients in order to get repeat business and their referrals, you should also be marketing your practice to other lawyers in order to get theirs. Choosing who to target with your marketing is a first step.  The most obvious criterion is that they provide different services than you…
  • Could you use some individualized help growing your practice?

    4 Jun 2014 | 12:54 pm
    Summer is almost here, our team has expanded significantly and we have room this quarter to accept a few additional private clients who could use some more individualized help growing their practices. This is NOT exclusive to just Estate Planning and Elder Law attorneys. This is more than just receiving marketing materials that your team can implement on their own (if that’s what you need, check out our Done-For-You program here). Instead, this is OUR TEAM, doing your marketing FOR YOU, so that you can focus on what you do best: practicing law! We serve attorneys in the following areas:…
  • Gerry Oginski shares his PROVEN 7-Figure Video Marketing Strategies

    19 May 2014 | 11:29 am
    I’m still quite blown away by this… …but my friend Gerry Oginski took to the time to record an AMAZING video for my subscribers about the video marketing strategies he uses to acquire regular 7-figure cases from the internet. This was following a conversation that we had on the phone about my frustration that more attorneys are not doing video marketing when it so clearly and easily brings in business to a law firm! Our chat sparked some ideas and he recorded this video, just for me to share with you.? His stories and practical applications will blow you away and hopefully motivate you…
  • The dirty “D” word for law practice owners

    15 May 2014 | 10:44 am
    Let’s have a talk today about that dirty “D” word—delegation.  I know, I hate it too.  I’m human and sometimes fall back into the thinking that if you want something done right, you have to do it yourself. But that mindset is TOXIC to running a successful law practice…or any business venture for that matter.  Get it out of your head right now!  I’ve learned to dismiss those thoughts like my life depends on it! The key to delegating while staying true to yourself and your values is to be honest about what you do best, what tasks ONLY you can do…and then get the rest off of…
  • Four Simple Ways to Make Sure Your Law Firm’s Blog Posts are Effective

    2 May 2014 | 5:34 am
    In 2014, I’m shocked that on many of my coaching calls, I still receive a lot of questions about basic blogging. “What’s the point of it?” “Do I really need to?”  “Can’t I just post a few and call it a day?” (If you also have these questions, that’s OK…that’s what we’re here for!) YES, you need to blog. It’s an important part of your marketing strategy, but not for many of the reasons that other niches find blogging important. For example, your goal isn’t to build a huge base of RSS feed subscribers.
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    Pam Woldow's At the Intersection

  • Gamifying Lawyers – Guest Post

    Milena Higgins
    18 Jul 2014 | 2:04 pm
    Warning: This is a pitch.  The purpose of this post is to intrigue you so that you will consider a novel learning experience. Be warned: you now are within the cone of persuasion. When I first began hearing about gamification, frankly, I thought it sounded a little silly: translating the features that motivate players in video games into non-game settings (e.g., the practice of law). Images of Candy Crush, Farmville, and my teenagers’ Portal and Assassin’s Creed games flashed in my mind. Then I remembered Tetris and got nostalgic, but I digress. Naively I thought gamification was all…
  • Plugging Profitability Leaks: A Simple Tip for Great Delegation

    Pam Woldow & Doug Richardson
    22 Jun 2014 | 6:04 pm
    UPDATE: This article won the BigLaw Pick of the Week award! We’ve long known that vague, incomplete or misunderstood instructions from partners to associates is a prime source of profitability leaks — revenue lost because of all the time spent on reinventing the wheel, because  of do-overs, and because of significant amounts of time written down or eventually written off.    We’ve also long known that an amazingly simple delegation improvement technique can help reduce write-downs of time by up to 18%. The Trick Anyone Can Master What is this marvelous magic trick?  Whenever…
  • How You’ll Know When Your Firm’s Been Fired

    Pam Woldow & Doug Richardson
    6 May 2014 | 5:43 pm
    UPDATE: This article won the BigLaw Pick of the Week award! I sat in on a meeting recently when a major corporation’s General Counsel, CFO, and COO made the unanimous decision to fire a law firm that had been serving the company for over two decades. There had been no catastrophic we-bet-the-company-and-lost kind of screw-up, no egregious failure of expertise, no utterly dropped balls — just steadily increasing client dissatisfaction. This firm was shown the door solely on the basis of the same five-count indictment that has become increasingly common:   Too many surprises Too…
  • DISPATCH TO MANAGING PARTNERS: 5 Key Observations on Law’s Tectonic Shifts

    Pam Woldow & Doug Richardson
    3 Apr 2014 | 5:34 am
    UPDATE: This article won the BigLaw Pick of the Week. BigLaw is a weekly email newsletter that provides helpful information for the world’s largest law firms and the corporate counsel who hire them. For several years now, all us bloggers and pundits have been pushing the Chicken Little button and trying to get your attention. We all have been saying pretty much the same thing: Law firm practice and economics are morphing into a “New Normal,” major paradigm shifts impend, it’s change or die time, yadayadaya. Yes, we do get pushback from law firm leaders, to the effect of, “as far…
  • Game Your Way To Longer Life

    Pam Woldow & Doug Richardson
    12 Feb 2014 | 7:38 pm
    In our last post we discussed legal “Gamification,” that is, approaching certain legal tasks as if they were a competitive game in order to maximize both individual and team engagement and produce superior legal outcomes. In this post we look at “personal gamification” — how you can create stronger personal motivation and resiliency by drawing on some basic game principles. And oh, yeah, live longer, too. How’s Your QWL and SWB? It’s no secret that many lawyers feel that they are living the Sisyphus myth, constantly pushing the same rock uphill and then having it steamroll…
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    Idaho Criminal Defense Blog

  • THERE ARE NO SMALL CASES! Hire a lawyer for that misdemeanor charge and go to trial!

    Chuck Peterson
    23 Jul 2014 | 4:21 pm
     Attorney Will Young, an associate at Peterson Lawyers writes todays post on misdemeanor cases. So, you have been charged with a misdemeanor. You are probably feeling overwhelmed, nervous, and at least a little bit confused about the process ahead of you. What Is A Misdemeanor? A misdemeanor is defined as any “lesser criminal act.” Misdemeanors are punished less severely than a felony, generally including any crime punishable with jail time for one year or less (with some exceptions). This includes: petty theft, simple assault, disturbing the peace, trespass, vandalism,…
  • Our New DUI Website is up - DUI in Idaho

    Chuck Peterson
    22 Jul 2014 | 12:00 pm
     We have been working on a new site specifically designed to provide more information for folks charged with driving under the influence of drugs or alcohol - DUI. Click here to visit the site and learn even more about DUI in Idaho. The site is a work in progress, but it may help answer your questions with respect to this serious charge.  And if you need to talk - give us a call.     
  • Idaho State Police stop to check on temporary license gets tossed!

    Chuck Peterson
    29 Jun 2014 | 1:17 pm
     Ever wonder why every drug arrest begins with a traffic stop? Because all too often the police stop first and provide some reason later! If the drug task force decides to effect an arrest, they call the ISP or locals and have them do a traffic stop. Then, they give a "reason" for the stop - a reason that is simply a pretext. They didn't stop that car because it was "weaving," they stopped it because a drug task force officer wanted it stopped.  Occasionally the same is true of those "after 2:00 am" stops of cars leaving the downtown corridor. Bars,…
  • Cops Can't Search Cell Phone Without Warrant

    Chuck Peterson
    26 Jun 2014 | 12:00 pm
               Will Young is an associate attorney with Peterson Lawyers. He writes today's post:            The Supreme Court unanimously ruled yesterday that the police must acquire a warrant before searching a cell phone seized from someone they arrest. Chief Justice John Roberts, writing the opinion on behalf of the Court, acknowledged both the individual’s right to privacy and the State’s need to investigate crime, but the decision came down strongly on the side of privacy rights.
  • When it comes to SGT Bowe Bergdahl, let's be happy he is back in the US

    Chuck Peterson
    25 Jun 2014 | 3:54 pm
     SGT Bowe Bergdahl’s “disappearance” is not necessarily desertion. Once upon a time I served as an Army JAG officer - a Trial Defense Services lawyer - defending the men and women of the 4th Infantry Division at Ft. Carson against criminal charges. Viet Nam was over, but there were traces of its wrath daily in the halls of the building in which we were housed. A service member who had served honorably in Viet Nam, but “left” a little early on arrival to the States without having “processed out.” Or the occasional soldier who had never reported…
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    New Jersey Injury Attorney Blog

  • Motorcyclist Critically Injured in New Jersey Crash

    1 Jul 2014 | 12:42 pm
    A 73-year-old Flanders man is in critical condition after he was injured in a New Jersey motorcycle accident. According to a news report in The New Jersey Herald, the motorcycle crash occurred on Route 206 near the Harmony Lodge in Andover Township. Officials say a 38-year-old woman stopped to turn left when her 2013 Ford Escape was struck in the rear by a 1999 BMW motorcycle. The rider was ejected, critically injured, and airlifted to a nearby hospital. The driver of the SUV was treated and released. An investigation is underway to determine the cause of the crash. Motorcycles provide little…
  • Preventing Bicycle Accident Injuries This Summer

    24 Jun 2014 | 12:34 pm
    Summertime is a great time to get around New Jersey on your bike. You can stay fit, have fun, and save money. However, bicycling in New Jersey can prove dangerous if you are not careful. Make sure you always wear a helmet and exercise safe riding habits. Here are a few tips to help you stay safe when riding this summer: Increase your visibility. Under New Jersey law, all riders at night are required to have a front headlamp that emits a white light, a rear lamp with a red light, and a red rear reflector. Whether you are on your bike at night or during the day, you should wear bright clothes…
  • New Jersey’s Weirdest Historical Tourist Attractions

    28 May 2014 | 3:12 pm
    History buffs have a lot to love in New Jersey. One of the thirteen original colonies, the state’s reputation as the “Crossroads of the American Revolution” is founded on battlefields, historical houses, and other sites that preserve and recreate our nation’s past. But it’s also home to some slightly weirder historical preservations. If you’ve seen the battlefields and can’t stand the thought of one more day at a museum, try checking out these offbeat historical finds: 1. Alexander Hamilton’s Death Rock Alexander Hamilton, the Founding Father whose face graces the $10 bill, is…
  • Woman Killed in Gloucester County DUI Crash

    9 May 2014 | 10:35 am
    A 74-year-old woman was killed in a Gloucester County car accident, which officials say involved a suspected drunk driver. According to a WPVI news report, the fatal DUI crash occurred at the intersection of Holly Avenue and Lambs Road in Mantua. Officials say a 38-year-old woman was intoxicated when she crashed her Mercedes Benz into the passenger side of a Buick LeSabre. The 76-year-old driver of the Buick was injured and his wife was killed. The driver of the Mercedes was jailed and charged with vehicular homicide. According to the National Highway Traffic Safety Administration (NHTSA),…
  • Construction Workers Injured in New Jersey Parking Structure Collapse

    15 Apr 2014 | 11:43 am
    Two construction workers were hospitalized after being injured by the partial collapse of a parking garage. According to a news report in The Republic, the construction accident occurred at New Jersey's William Paterson University in Wayne. Officials have not released information regarding how the parking garage collapsed, and inspectors are trying to determine if work can resume at the 1,000-space, five-level garage. The two injured construction workers were hospitalized with non-life-threatening injuries. Inspecting construction sites for potential dangers is an important part of keeping a…
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    Simmons & Fletcher » Blog

  • Organization Hopes to Empower Eagle Ford Residents

    Paul Richardson
    17 Jul 2014 | 9:19 am
    South Texas counties are significantly impacted by the Eagle Ford Shale, in both positive and negative ways. In the midst of substantial economic gains, environmental and health concerns abound. But some Eagle Ford residents are finding a voice to fight …The post Organization Hopes to Empower Eagle Ford Residents appeared first on Simmons & Fletcher.
  • Opportunities Abound for Medical Providers in Eagle Ford

    Paul Richardson
    11 Jul 2014 | 7:29 am
    The need for remote medical care and risk management services are fueling opportunities for medical companies in the Eagle Ford Shale area of Texas. According to an article in the business newsletter, Columbus CEO, these businesses are finding work …The post Opportunities Abound for Medical Providers in Eagle Ford appeared first on Simmons & Fletcher.
  • A New Oil Export May Lead To Increased Opportunities Within The Shale

    Paul Richardson
    3 Jul 2014 | 2:02 am
    America has a new oil export, due to the use of fracking procedures within the shale formations of Texas and Pennsylvania. According to a report in the Wall Street Journal, condensate is an ultralight oil that is abundantly located …The post A New Oil Export May Lead To Increased Opportunities Within The Shale appeared first on Simmons & Fletcher.
  • Safely Sharing the Road with Tractor Trailers

    Paul Richardson
    26 Jun 2014 | 7:33 am
    The drilling boom of Eagle Ford Shale provides the region with many financial benefits. In addition to higher tax revenues for the localities, numerous residents are now millionaires from the sale and lease of oil rich lands. But along with …The post Safely Sharing the Road with Tractor Trailers appeared first on Simmons & Fletcher.
  • Eagle Ford Shale Helps Push America to Number One

    Paul Richardson
    19 Jun 2014 | 7:00 am
    Thanks in part to Eagle Ford Shale production, the United States reached a significant milestone, becoming the world’s leading producer of oil and natural gas combined. According to a Texas news radio report, the U.S. ranks third in the …The post Eagle Ford Shale Helps Push America to Number One appeared first on Simmons & Fletcher.
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    Loyalty Law

  • Five Simple Procedures Every New Bike Owner Should Learn
    24 Jul 2014 | 3:14 am
    There are many bikes out there that are really suffering. Whether they’ve got rusty gears, ancient chains or are just in need of a good scrub, the typical bicycle commuter...
  • Top Ten Cycling Path Fails
    18 Jul 2014 | 8:25 am
    Cycling paths are a great idea, but implementation is all. No-one gets credit for trying and making things worse. It often seems like city planners are actively trying to sabotage...
  • Top Five Helmet Cameras For Road Cyclists
    16 Jul 2014 | 8:02 am
    As a cyclist, you have to be aware of the dangers around you.  It’s unfair, but that’s just the way road traffic currently works. As a cyclist, you are much...
  • 18 Reasons Farming Is The Least Safe Profession
    4 Jul 2014 | 8:21 am
    People are often surprised to learn that farming is one of the most dangerous professions, perhaps imagining sedate country estates and idyllic rural scenes. The truth is that farming is...
  • Why Don’t Superheroes Get Whiplash?
    30 Jun 2014 | 9:10 am
    Whiplash is caused by the head and neck being thrown back and forth, usually due to sudden acceleration or deceleration. This causes damage to the soft tissue in the neck....
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    Palmer Law Firm

  • Ralph Palmer Named Super Lawyer for 15th Consecutive Year

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

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

    23 Jul 2014 | 5:18 am
    The post Outreach: Henry Knoof appeared first on Palmer Law Firm.
  • NHTSA’s Ad Campaign: U Drive. U Text. U Pay.

    Eric Palmer
    9 Apr 2014 | 7:15 am
    The National Highway Traffic Safety Administration (NHTSA) has launched a new advertising campaign to kick off National Distracted Driving Awareness Month.  The ad campaign is aimed at raising awareness about the dangers of texting and driving. The campaign uses a text-lingo oriented slogan of “U Drive. U  Text. U Pay.”  To spread awareness of the campaign, the NHTSA has launched a website at and is currently spreading a rather graphic 30-second video that depicts the violent consequences that can stem from distracted driving.  Viewer discretion is advised.If…
  • Ralph Palmer Named Super Lawyer and Top 100 Lawyer for 2013

    15 Jul 2013 | 11:37 am
    Ralph Palmer has once again been named a Super Lawyer for 2013. Since 2003, Mr. Palmer has been annually named a Super Lawyer.Mr. Palmer has also been named to the esteemed list of “Top 100 Lawyers” for Minnesota by the Super Lawyers organization.Mr. Palmer has a broad background in the area of Minnesota and Wisconsin personal injury law. He has handled wrongful death claims, fall down cases, and liquor liability claims, with an emphasis on representing Plaintiffs in automobile/motorcycle type accidents.If you have been injured, contact Mr. Palmer today to schedule a free consultation.The…
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    Strictly Business

  • Venture Capital Term Sheet Negotiation — Part 12: Preemptive Rights

    Alexander Davie
    7 Jul 2014 | 1:50 pm
    This post is the twelfth in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior eleven posts, we provided an introduction to negotiation of the term sheet and discussed binding and non-binding provisions, discussed valuation, cap tables, and the price per share, discussed dividends on preferred stock, explained how liquidation preferences work, discussed the conversion rights and features of preferred stock, examined voting rights and investor protection provisions, analyzed anti-dilution provisions,…
  • Is it time for the JOBS Act, Part Two?

    Alexander Davie
    30 Jun 2014 | 3:26 pm
    When the JOBS Act was passed, a lot of people hoped that it would de-regulate startup finance, resulting in a boom of new startups being funded.  Through repealing the ban on general solicitation, allowing online angel investment platforms, creating the new “Regulation A+,” and allowing equity crowdfunding, the JOBS Act was supposed to make funding startups considerably easier.  But there have been some significant bumps in the road.  First, in my view, the equity crowdfunding exemption that was included in the bill was unworkable from the beginning. That continues to be true under the…
  • Venture Capital Term Sheet Negotiation — Part 11: Management and Information Rights

    Casey W. Riggs
    29 Jun 2014 | 11:29 am
    This post is the eleventh in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior ten posts, we provided an introduction to negotiation of the term sheet and discussed binding and non-binding provisions, discussed valuation, cap tables, and the price per share, discussed dividends on preferred stock, explained how liquidation preferences work, discussed the conversion rights and features of preferred stock, examined voting rights and investor protection provisions, analyzed anti-dilution provisions,…
  • Venture Capital Term Sheet Negotiation — Part 10: Registration Rights

    Alexander Davie
    7 May 2014 | 12:05 pm
    This post is the tenth in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior nine posts, we provided an introduction to negotiation of the term sheet and discussed binding and non-binding provisions, discussed valuation, cap tables, and the price per share, discussed dividends on preferred stock, explained how liquidation preferences work, discussed the conversion rights and features of preferred stock, examined voting rights and investor protection provisions, analyzed anti-dilution provisions, looked…
  • Venture Capital Term Sheet Negotiation — Part 9: Redemption Rights

    Casey W. Riggs
    21 Apr 2014 | 9:40 am
    This post is the ninth in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior eight posts, we provided an introduction to negotiation of the term sheet and discussed binding and non-binding provisions, discussed valuation, cap tables, and the price per share, discussed dividends on preferred stock, explained how liquidation preferences work, discussed the conversion rights and features of preferred stock, examined voting rights and investor protection provisions, analyzed anti-dilution provisions, and looked at…
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    Arizona Criminal Law & Defense Blog

  • Fourth of July 2014 DUI Patrols

    3 Jul 2014 | 12:57 pm
    ** If you are looking for DUI Checkpoint Do’s and Don’ts, Click Here. Summertime is one of the best times to enjoy the outdoors with family and friends. and more specifically, the Fourth of July is a time when people in Arizona head to the lake for some fun in the sun! With that comes increased risk of drinking and driving (or boating). Local law enforcement in Arizona is out looking to arrest people for DUI if they have consumed too much alcohol and think they are OK to drive a car or boat. Our suggestion is if you’ve had any alcohol, please get a ride. If you are out on…
  • The Dangers of File Sharing and Peer to Peer Networks

    12 Feb 2014 | 7:51 am
    File sharing has been a big part of the counter-culture of legal and illegal music and movie downloads in the United States. Many file sharing programs that allowed the free flow of copyrighted files like Limewire, Napster, Bearshare, Frostwire, and the like have long been shut down by the U.S. Government (or switched their business models), but new software springs up all the time. For example, as soon as Limewire was shut down, Frostwire came out and today the most prevelant Peer to Peer software of today is bit Torrent. The cycle keeps repeating as bit torrent sites like The Pirate Bay,…
  • Waste Management Phoenix Open 2014

    30 Jan 2014 | 5:03 pm
    The Waste Management Phoenix Open 2014 has officially started and is in full swing! If you are planning on going to the Waste Management Open 2014 and drinking there, make sure you take a cab there and a cab home.  There is a new driving service App called UBER, which will pick you up close to the venue so you do not have to wait in the infamous Waste Management cab line.  UBER cabs arrive very quickly so plan accordingly when ordering a car. If you do not take a cab or UBER and still decide to have a few drinks then drive, there are a few things you should know in case you get pulled…
  • Holiday DUI Enforcement Checkpoint 2013

    31 Dec 2013 | 8:48 am
    From Thanksgiving to New Year’s, the East Valley DUI task force will be stopping thousands of drivers on the roads. Approximately, 20 percent will be arrested for DUI. If you are pulled over and asked if you have been drinking, your answer should be that you won’t answer any questions or submit to any field tests until you talk to your lawyer. You have the right to decline these tests, and there are no legal repercussions for doing this. If you have been suspected of drunk driving, call the Law Offices of David Michael Cantor. There is an answering service available 24 hours a…
  • Out-of-Date Marijuana DUI Laws

    10 Dec 2013 | 8:44 am
    When Prop 203 was approved back in 2010 the DUI laws were not updated to account for the legal medical marijuana users. Watch the Law Offices of David Michael Cantor’s Criminal Defense Attorney Michael Alarid discuss this topic with Marc Martinez of FOX 10 News:   “Out-of-Date Marijuana DUI Laws” Today, Medical Marijuana users are at risk of DUI when driving up to a month after they have ingested marijuana.  This is because blood results will show that there is a marijuana metabolite in the users system.  This does not tell the officer if the user was impaired at the time…
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    Oklahoma Personal Injury Blog

  • 3 Animals That Help Humans in Unexpected Ways

    Maples Law Firm
    18 Jul 2014 | 9:03 am
    Although we prideful humans would like to take all the credit for ourselves, the fact is we wouldn’t have the world we have today without help from other species. For example, dogs have facilitated the herding of livestock since ancient times. Horses and camels made long distance cultural exchange possible. Early agriculture just wouldn’t have worked out without the ox there to pull the plow. Diseases associated with rat infestations would’ve irrevocably crippled early cities had it not been for cats. The list goes on and on. It’s clear that animals were absolutely vital to our…
  • Toddler Killed in Oklahoma City Parking Lot Accident

    Maples Law Firm
    14 Jul 2014 | 10:18 am
    A 3-year-old boy was killed in an Oklahoma car accident that occurred in a McDonald’s parking lot. According to a news report in The Oklahoman, the fatal pedestrian accident occurred at Northwest Expressway and Council Road in northwest Oklahoma City. Officials say a mother and her two sons were crossing the parking lot when they were struck by an SUV. The 3-year-old sustained fatal injuries and the mother and 4-year-old suffered non-life-threatening injuries. The female driver of the SUV was not arrested, but the investigation is ongoing. According to the report, she may have caused…
  • Tips to Prevent Nursing Home Abuse

    Maples Law Firm
    7 Jul 2014 | 12:57 pm
    Abuse can happen at any Oklahoma nursing home. Even if you made every effort to find the perfect place for your loved one, there is still a chance that wrongdoing will occur there. Workers at some of the most highly rated, most expensive Oklahoma nursing homes have been accused of abuse and neglect. There are several steps families can take to protect their loved ones in nursing homes: Choose the right facility. Read online reviews and inquire about the staff training. You want to find a home that has a reputation for having plenty of qualified care providers. Don’t be afraid to ask…
  • Three Killed in Oklahoma City Car Accident

    Maples Law Firm
    1 Jul 2014 | 9:55 am
    Three people were killed and two others were seriously injured in an Oklahoma car accident. According to a news report, the fatal crash occurred on State Highway 3 in Oklahoma City. Officials say a 24-year-old man was behind the wheel of a 1999 Ford when it left the westbound lanes, crossed the centerline and crashed into a culvert. The driver from Broken Bow, a 12-year-old boy from Idabel and a 24-year-old Heavener man were killed. The boy’s 30-year-old mother was seriously injured and his 10-year-old sister was listed in critical condition. An investigation is underway to…
  • Oklahoma City Personal Injury Lawyer Offers Bicycle Accident Prevention Tips

    Maples Law Firm
    16 Jun 2014 | 12:55 pm
    Whether you are commuting to work or riding along one of our great biking trails like the Hefner-Overholser in Oklahoma City, it is important that you exercise great care. An accident can occur at any time and the results are often tragic. Here are a few bicycle accident prevent tips to help you stay safe. Check your bike before you ride. Make sure your tires are properly inflated and your brakes are in working order. Get a headlight. Under Oklahoma Law, riders must equip their bikes with a headlamp and rear red reflector when riding at night. This will increase your visibility. Use hand…
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    SEQ Legal blogs

  • End user licensing: approaches to creating enforceable rights

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

    Alasdair Taylor
    6 Jun 2014 | 3:10 am
    The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 are coming into force next week. They include a detailed list of information that a trader must provide to a consumer in situations where the Regulations apply. Should you use the model instructions on cancellation to help you comply with this requirement, or should you draft special legal clauses for your contracts? The list of information that must be supplied is set out in Schedule 2, and includes the following items:(l) where a right to cancel exists, the conditions, time limit and procedures for…
  • New distance selling laws: 8 key compliance points

    Alasdair Taylor
    2 Jun 2014 | 10:35 pm
    The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply special rules to B2C distance contracts entered into via a website, as well as certain other contracts (not discussed here). The Regulations, effective on 13 June 2014, replace the Consumer Protection (Distance Selling) Regulations 2000. See: Unfortunately, the rules are rather complex. This is especially depressing in the context of consumer protection legislation, which should be straightforward enough for anyone to understand without…
  • Online advice: worth the risks?

    Alasdair Taylor
    25 Mar 2014 | 6:12 am
    Whether you are purchasing legal forms and templates, seeking a medical diagnosis, getting insider information when choosing a school or university, or soliciting the opinions of product aficionados on a prospective purchase, there are many ways to get guidance and advice online - but what are the risks for those providing this guidance and advice? In this article I look at the legal issues, with a focus on legal advice. Online legal advice This website has a public Q&A where users can ask legal questions, and I often respond to particular questions asked by users in blog comments. I also…
  • The website operator defence: will it really make a difference?

    Alasdair Taylor
    27 Jan 2014 | 2:45 am
    Website operators facing defamation action over users’ posts can now rely on the new ‘website operator’ defence.  To use the defence, the operator must comply with a prescribed process after receiving a notice of complaint about allegedly defamatory material posted online.  The defence follows increasing concerns about defamatory digital content posted by website users – particularly anonymous users.  But a critical question is, just how useful and cost effective will the new defence be in practice? What’s new? The website operator defence under s5(3) of the Defamation Act 2013…
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    » Blog

  • Premises Liability: Legal Duty to Care for Trees

    Jay Solnick
    25 Jul 2014 | 5:00 am
    Under the doctrine of premises liability, landowners are responsible for the injuries suffered when a person enters the property and gets hurt due to a dangerous condition. Unfortunately, many property owners have yet to fully appreciate their legal duty to maintain their premises in a safe, hazard-free condition, including their trees. Although trees add beauty to a property, they must be monitored and properly cared. In 1975, Pennsylvania held in Barker v. Brown that landowners have a duty to make a visual inspection of trees and could be held liable for injuries if they knew or should have…
  • Tort Law 101: The Importance of Causation

    Jay Solnick
    23 Jul 2014 | 4:31 am
    A tort is a civil wrong that can be redressed by awarding damages. The primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms. One type of tort is a negligent tort, which is a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. To maintain an action in negligence, a plaintiff must establish that the defendant (1) owed a duty of care to the plaintiff, (2) that the defendant failed to perform the duty of care, (3) the failure was the proximate cause of the…
  • Injured Mine Foreman Settles with U.S. Government for $820,000

    Jay Solnick
    18 Jul 2014 | 5:00 am
    Recently, the federal government agreed to settle with an injured mine foreman for $820,000 due to injuries he suffered from electrical shock. The plaintiff, a mine foreman for Sreebs Slate & Stone, Co, was injured when inspectors from the U.S. Mine Safety Health Administration administered a surprise inspection and required the foreman to perform acts that presented obvious hazards. In April 23, 2010, inspectors conducted a surprise inspection at the mining factory. Despite the plaintiff’s request to postpone the inspection due to rainy conditions, the inspection proceeded. According…
  • Plaintiff Recovers Under Uninsured Motorist Coverage

    Jay Solnick
    16 Jul 2014 | 11:14 am
    In Pennsylvania, all drivers are required to have auto insurance. Although it is illegal to drive without coverage, people still do so. On average, 1 out of 7 drivers is uninsured, and thousands more are underinsured. Some states require that all drivers obtain uninsured motorist and underinsured motorist coverage. Pennsylvania does not require such coverage, but it is a very good idea to get some. Those who select the coverage have to pay a slightly higher premium, but enjoy the benefit of being able to collect money in the event they are injured in an accident by an uninsured driver.
  • Pool Accident and Property Owner Liability

    Jay Solnick
    10 Jul 2014 | 9:04 am
    Finally, summer is officially here! Thousands have opened their pools to enjoy a quick dip during the sweltering summer heat. With this added pleasure though, comes much responsibility. It is important to note that a pool is considered to be part of the property on which it sits. Therefore, responsibilities in properly maintaining the property are necessary to prevent injuries. Pool injuries fall under the law of premise liability. Under the doctrine of premise liability, a property owner can be liable for any injuries that occur on the property as a result of a hazard. Property owners have…
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    Baron & Budd, P.C. | Protecting What's Right

  • Baron and Budd Selected to List of Top Law Firms in the U.S. By Legal 500

    Baron & Budd
    14 Jul 2014 | 8:23 am
    Firm Selected to List for Seventh Consecutive Year DALLAS (July 14, 2014) – The national law firm of Baron and Budd has once again been named to the Legal 500, a list of the top firms in the United States. Since 2008, the firm has been selected to the list as a top tier firm in the areas of mass tort and class action litigation on behalf of plaintiffs. “We are extremely proud of the fact that we have once again been chosen as one of the most respected law firms in the nation,” said Russell Budd, president and managing shareholder of Baron and Budd. “It is a great honor to…
  • Baron and Budd Investigating New Force-Placed Insurance Lawsuits

    Baron & Budd
    18 Jun 2014 | 8:18 am
    Predatory Practice Can Spike Homeowners’ Insurance Costs by as Much as 10 Times That of Voluntary Insurance DALLAS (June 18, 2014)The national law firm of Baron and Budd is now investigating potential lawsuits associated with the practice of force-placed insurance at certain bank and mortgage lenders. Recently, numerous national banks and mortgage providers, such as Bank of America, Wells Fargo, JP Morgan Chase and others, have reached settlements in lawsuits regarding force-placed insurance, a predatory financial practice where homeowners are forced to pay for expensive insurance…
  • Baron and Budd Announces $177 Million Settlement for Seven States Against Avandia Manufacturer GlaxoSmithKline

    Baron & Budd
    13 Jun 2014 | 9:20 am
    Firm represented states of Kentucky, Maryland, Mississippi, New Mexico, South Carolina, Utah and West Virginia in litigation regarding the fraudulent advertising of Avandia DALLAS –(June 13, 2014) –The national law firm of Baron and Budd has reached a $177 million settlement with GlaxoSmithKline on behalf of the states of Kentucky, Maryland, Mississippi, New Mexico, South Carolina, Utah and West Virginia regarding the deceptive advertising of the diabetes drug Avandia. This result represents the largest settlement of a pharmaceutical case ever for several of the involved states,…
  • Baron and Budd Files Lawsuit on Behalf of State of Vermont Regarding MTBE Groundwater Contamination

    Baron & Budd
    6 Jun 2014 | 10:52 am
    Firm Working Closely With State Attorney General’s Office on Water Contamination Lawsuit DALLAS —(June 6, 2014)—Baron and Budd, a national law firm dedicated to protecting the environment, yesterday filed a lawsuit against numerous manufacturers and refiners of MTBE-containing gasoline regarding the contamination of Vermont groundwater by the gasoline additive MTBE. Baron and Budd is proud to work with Vermont Attorney General William H. Sorrell in the lawsuit. Weitz & Luxenberg, P.C. and Pawa Law Group, P.C. also serve as co-counsel in the litigation. “The sad…
  • Baron and Budd Announces Settlement of More Than $5 Million on Behalf of States of Mississippi, Hawaii Regarding Deceptive Credit Card Practices

    Baron & Budd
    2 Jun 2014 | 9:11 am
    Firm Has Settled with Bank of America, Previously Settled with Discover, Chase Over Similar Issues DALLAS –(June 2, 2014) –Baron and Budd is announcing a settlement totaling more than $5 million on behalf of the States of Mississippi and Hawaii regarding Bank of America’s deceptive marketing of credit card payment protection plans. Baron and Budd lawyers Russell Budd, Laura Baughman, Ann Saucer and Burton LeBlanc served as counsel in the litigation, along with co-counsel and each states’ respective Office of the Attorney General. Baron and Budd negotiated a $3.7 million…
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    News From Dallas Appellate Attorney Chad Ruback

  • Supreme Court Hobby Lobby opinion might only directly impact two companies

    Chad Ruback
    11 Jul 2014 | 10:00 am
    After the Dallas Business Journal published an article about the U.S. Supreme Court’s recent Hobby Lobby decision, a number of people asked me about potential impact on various business. Here are my thoughts: Despite all the attention the case has gotten, the opinion might only directly impact two U.S. companies. The Affordable Care Act (also […]
  • Chad Ruback interviewed live in Fox 4 studio

    Chad Ruback
    1 Jul 2014 | 11:08 am
    This morning, I gave a live interview to a Fox 4 news anchor regarding a new U.S. Supreme Court opinion. Here is the video:
  • Frequently Asked Questions (FAQ) About Texas Appeals

    Chad Ruback
    12 Jun 2014 | 2:12 pm
    Whether you are a law student studying Texas appellate procedure or are a Texas lawyer who doesn’t regularly handle appeals, you might be in need of answers to frequently asked questions about Texas appellate law. Having been unable to find a compilation of appellate law FAQs specific to Texas state courts, I have compiled a […]
  • Appellate Judges Tell Dallas Lawyers How to Handle an Appeal

    Chad Ruback
    5 Apr 2014 | 1:48 pm
    The Dallas Bar Association Judiciary Committee recently hosted a panel discussion with three prominent appellate judges.  Catharina Haynes is the only federal appellate judge in the Dallas-Fort Worth area.  After years of sitting as a Dallas state trial court judge, she was appointed to sit on the Fifth Circuit Court of Appeals.  Debra Lehrmann is […]
  • KTVT CBS 11 interview regarding recent appellate opinion

    Chad Ruback
    26 Feb 2014 | 11:14 am
    A couple of weeks ago, I was interviewed by a KDFW Fox 4 reporter regarding constitutional claims raised in recent litigation. Yesterday, I was interviewed by a KTVT CBS 11 reporter regarding an entirely different set of constitutional issues. Here is the video:
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    Protecting What's Right

  • It’s Been an Honor: Burton LeBlanc on His Time Spent as President of the American Association for Justice

    Burton LeBlanc
    25 Jul 2014 | 5:17 am
    Guest Post by Baron & Budd Shareholder and American Association of Justice President Burton Leblanc Each year, AAJ holds an annual convention to elect someone to serve as the president for the year. I was honored to be selected as the president of AAJ for the 2013-2014 term. Now that my time as president has come to a conclusion, I would like to take a moment to give my thanks to the members of AAJ and spotlight the achievements they have made this year to protect the rights of people around the country against powerful interests. We had a lot on our plate, from increasing awareness of…
  • You Don’t Need More Health Problems: On How an Improperly Labeled Dialysis Component Can Harm You

    Baron & Budd
    24 Jul 2014 | 1:06 pm
    For many patients, dialysis is a life-saving procedure, one that they gladly incorporate into their lives. Unfortunately, for some dialysis patients, that life-saving treatment comes with an unnecessary risk of cardiac arrest (often mistakenly called a heart attack). This risk is not due to dialysis itself but to a component of the dialysis process. The component is called GranuFlo — and if you or someone you know had heart issues or even died during or shortly after a dialysis treatment, there is a good chance that GranuFlo was used. Right now, our lawyers are speaking to people all…
  • It Happened to Me: Force-Placed Insurance Means Expensive Insurance — And It Could Be Happening to You

    Baron & Budd
    22 Jul 2014 | 9:11 am
    It could be happening to you. Now, we don’t mean this lightly. In fact, if you have a home mortgage, take a second to read over this information and check your monthly statement — because you could have force-placed insurance on your home and not even know it! Force-placed insurance is a type of insurance that occurs when a homeowner’s own insurance lapses (legitimately or not). How does your own insurance lapse? Well, it could be by mistake – maybe you changed bank accounts and forgot to change the auto withdrawal information. Or maybe your insurance company forgot to supply…
  • What Happens When Big Pharma Does Not Play By the Rules: On Risperdal’s Risk to Boys

    Baron & Budd
    22 Jul 2014 | 8:24 am
    The Food and Drug Administration (FDA) has some pretty clear rules, especially when it comes to when a pharmaceutical company can start marketing a drug. The rule is: You can’t market a drug until it has been approved by the FDA. Sounds pretty simple — and obvious, right? Unfortunately, some pharmaceutical companies have a bad track record of not playing by the rules. The latest example of this is Janssen Pharmaceuticals, Inc. (JPI), a division of Johnson & Johnson that manufacturers and markets the drug Risperdal. Risperdal is used to treat adult schizophrenia, adult bipolar…
  • Talkin’ Shop: How the Recalled Riata Defibrillator and Friends Work — and Sometimes Fail

    Baron & Budd
    11 Jul 2014 | 5:11 am
    This is a fact: implanted defibrillators are invaluable and are made up of several parts, like the recalled Riata lead. The Riata lead works to save and protect patients’ lives by sensing the patients’ heartbeat and providing necessary jolting to the heart when the  heartbeat becomes irregular. The recalled Riata lead’s job, then, is to monitor the heartbeat and step in only when needed to help reset a heartbeat and, in turn, hopefully avoid serious cardiac events like sudden cardiac arrest. You know what’s funny — if it weren’t just so sad — the recalled…
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    Hardwick & Pendergast - Seattle Personal Injury and Car Accident Attorneys

  • Bicyclist Struck by Motor Home

    Hardwick & Pendergast, P.S.
    14 Jul 2014 | 3:25 pm
    A bicyclist in Missoula was flown to a Seattle hospital after being struck by a motor home. According to a news report in The Ravalli Republic, the bicycle accident occurred at Miller Creek Road and U.S. Highway 93. Officials are looking into whether the bicyclist went against a red light at the time of the crash. The bike was caught under the wheels of the motor home and the rider sustained serious head internal injuries. There are many reasons why bicycle accidents commonly occur at busy intersections. Riders often contribute to crashes by failing to obey traffic laws. Drivers often cause…
  • Study Shows Distracted Drivers are Distracted Pedestrians

    Hardwick & Pendergast, P.S.
    9 Jul 2014 | 11:55 am
    It is common knowledge that distracted driving is a serious problem. According to the National Highway Traffic Safety Administration (NHTSA), 3,328 people were killed and about 421,000 were injured in distraction-related accidents in 2012. It is less known just how common distracted walking is. Pedestrians in Seattle who are more focused on their phones than the roadway often do not realize the danger they are in until it is too late. According to PEMCO Insurance Northwest, eight out of 10 drivers in the Northwest are quick to identify distracted pedestrians, but two-thirds of pedestrians in…
  • Four Ways to Beat the Seattle Heat

    Hardwick & Pendergast, P.S.
    2 Jul 2014 | 5:21 pm
    The lazy days of summer have descended on Seattle, and while the Emerald City is fortunate enough to escape the scorching temperatures that hit much of the rest of the country, it doesn’t mean that we don’t experience the occasional heat wave. Here are some of the classic ways to stay cool during the hottest days of the year in Seattle. Splish Splash If there’s anything synonymous with summertime, it’s swimming pools, splash parks, beaches, and even the old fashioned slip n’ slide. Seattle has plenty of options when it comes to getting wet and staying cool during the hotter months.
  • Five Steps to Take after a Seattle Car Accident

    Hardwick & Pendergast, P.S.
    1 Jul 2014 | 11:28 am
    Immediately after being involved in a Seattle car accident, it is important to take a deep breath and to try to remain calm. The actions you take in the aftermath of a collision could affect your ability to receive compensation for the injuries and losses you have sustained. Here are five steps you can take that will increase your chances of getting the support you need: Call the police. If you or anyone else has suffered an injury, you must call the authorities and remain at the scene of the crash. The police report can provide you with specific details regarding when and where the crash…
  • Seattle Bike Share Problem First to Offer Helmets

    Hardwick & Pendergast, P.S.
    17 Jun 2014 | 3:40 pm
    Bicycle sharing programs have grown in popularity in recent years. You can now temporarily borrow a bike to ride from one location to another without any concern for ownership in cities like Denver, Washington D.C., and New York City.  These sharing programs provide opportunities for locals to get around town in a cost-effective, healthy way without adding pollution or traffic congestion. A new study, however, shows that bike-sharing programs do increase the risk of head injuries. Now that Seattle is embarking on its own bike-sharing program, it is important to review how safe these programs…
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    Farah and Farah Legal Blog

  • Florida Judge Rules Gay Marriage Ban Unconstitutional

    Farah & Farah
    21 Jul 2014 | 11:01 am
    In a previous blog, the family law attorneys at Farah & Farah in Jacksonville reported about a battle brewing in a Miami-Dade courthouse concerning the constitutionality of Florida’s ban on same-sex marriage. Since the writing of that blog, a Monroe County judge has ruled Florida’s constitutional ban on gay marriage violates the U.S. Constitution and has ordered the Monroe County Clerk’s Office to start issuing marriage licenses to same-sex couples. Although this ruling only affects Monroe County, many have touted this ruling as the “beginning of the end” of Florida’s gay…
  • Five Arrested in Jacksonville Internet Cafe Gambling Sting

    Farah & Farah
    14 Jul 2014 | 10:15 am
    Five people have been arrested in Jacksonville after police raided two alleged “Internet cafe” gambling businesses. All of those arrested were charged with being “an agent/employee of a gambling house.” Three of those arrested were additionally charged with possession of slot machines and possession of lottery devices. A spokesman for the Jacksonville Sheriff’s Office (JSO) said the investigation began in the spring and involved a task force comprised of state agencies and officers from Seminole and Volusia counties. Authorities allege that the businesses were offering…
  • Things Heating Up In Florida Gay Marriage Battle

    Farah & Farah
    7 Jul 2014 | 9:54 am
    Both pro and anti-gay marriage advocates gathered at a Miami-Dade Courthouse where a lawsuit brought by gay couples is attempting to overturn Florida’s same-sex marriage ban that was voted into the state constitution in 2008. Attorneys for the same-sex couples claim that the ban is discriminatory and violates the U.S. Constitution’s guarantee of equal protection under the law. An attorney representing six of the same-sex couples that brought the suit asked the judge to throw out the ban, claiming that it makes same-sex couples second-class citizens. “It’s the right of a person to…
  • Modern Jacksonville Rises From the Ashes

    Farah & Farah
    25 Jun 2014 | 5:54 am
    Many people who visit our beautiful city Jacksonville don’t know that Jacksonville was the site of one of the most devastating fires in the history of the United States. The Great Fire of 1901 ranks just below the San Francisco Earth Quake and the Chicago Fire of 1871 in terms of urban destruction caused by a conflagration. It still has not been surpassed as the most destructive metropolitan fire in the history of Florida and the South. It has been reported that the smoke from the flames could be seen as far away as South Carolina. It started on May 3, 1901 when errant sparks from a cook…
  • Jacksonville’s World Cup Connection

    Farah & Farah
    23 Jun 2014 | 8:59 am
    FIFA’s World Cup is in full swing and so far the U.S. Men’s National Team (USNMT) has comported itself well in its “Group of Death,” defeating Ghana 2-1 and playing to a heartbreaking draw with Portugal 2-2 in a match that saw Portugal equalize the score on a goal that literally was scored on the last play of the match. Still, the U.S., as of the writing of this blog, sits atop its group, tied with Germany. We, here in Jacksonville, would like to take a little credit for that success, thank you. If you recall, Jacksonville was the site of the USMNT’s last friendly match against…
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    Pennsylvania Family Law Blog

  • New Pennsylvania Bill Would Force Rapists to Pay Child Support

    Philadelphia Divorce Attorney
    14 Jul 2014 | 3:37 pm
    Under current Pennsylvania law, a woman who has a child from rape can ask a judge to end the rapist father’s parental rights. This means that the father who committed the rape will not have custody or visitation rights. However, women who end the rapist father’s parent rights also surrender their ability to collect child support from the father. According to a news report in The Express-Times, a new bill has been proposed to allow a mother to end parental rights while still collecting support. Democratic State Representative Mike Schlossberg proposed the bill that would close this…
  • Steps to Take When Facing a High-Asset Divorce

    Philadelphia Divorce Attorney
    8 Jul 2014 | 10:07 am
    High-asset divorces pose questions that ordinary divorce cases do not. While partners in a low- or middle-income family typically wonder how to support two separate households, partners in a high-asset divorce are primarily concerned with ensuring that their respective shares of their assets are distributed equitably, in a way that allows both the adults and children to maintain their standard of living. Choosing an experienced Pennsylvania high-asset divorce attorney should be your first consideration when dissolving a marriage and wondering how to protect your assets. Other steps to take…
  • Husband of TV Star Seeks Money During Divorce

    Philadelphia Divorce Attorney
    1 Jul 2014 | 1:35 pm
    Zoe McLellan, star of the brand new show “NCIS: New Orleans” is in the midst of a difficult divorce from her husband. According to a TMZ news report, her husband, actor J.P. Gillain, is seeking joint custody. The actress allegedly believes that her husband is only seeking custody as a ploy to get child support now that she is successful. The court documents reveal that she will earn $45,000 per episode. A representative for the actress states that her husband has “never been a hands-on dad.” In Pennsylvania, the most important consideration in every custody battle is…
  • IRS Reports Billions in Alimony Discrepancies

    Philadelphia Divorce Attorney
    18 Jun 2014 | 8:12 am
    When filing for taxes, you must inform the Internal Revenue Service (IRS) of the amount of money you paid or received in alimony. According to a news report in The Associated Press, there was about $10 billion in reported alimony payments made in 2010, but only $8 billion reported received by spouses. In fact, there was a $2.3 billion gap between what people said they paid and what people reported receiving. The IRS reports that there were discrepancies in 47 percent of the claims that included alimony deduction. Some spouses claimed to not have received any alimony while others reported far…
  • Understanding Collaborative Divorce in Pennsylvania

    Philadelphia Divorce Attorney
    6 Jun 2014 | 6:00 am
    Most divorces are stressful and expensive. Getting a divorce in Pennsylvania is particularly challenging when the two parties disagree on important issues such as child custody and property disbursement. A lot of time and money can be saved when the two parties are able to come together and make decisions without involving the divorce court. This is known as a collaborative divorce and it is an ideal approach to avoid a judge making some major decisions for you and your family. When two people wish to have a collaborative divorce in Pennsylvania, they will each meet privately with their…
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    About Florida Lawyers & Attorneys

  • Pounceys to file countersuit, lawyer calls original claim ‘complete sham’ –

    Lawyer - Google News
    28 Jul 2014 | 7:07 am Pounceys to file countersuit, lawyer calls original claim 'complete sham'CBSSports.comThis claim is a complete sham. The plaintiffs and their lawyer are perpetuating these lies in a bid for notoriety and financial gain. We intend to defend this case through trial if necessary and will be filing a counterclaim for malicious prosecution …and more »
  • The most serious problem facing lawyers? Too many colleagues, about half of … – ABA Journal

    Florida lawyer - Google News
    28 Jul 2014 | 5:34 am
    The most serious problem facing lawyers? Too many colleagues, about half of …ABA JournalThe most serious problem facing the legal profession today is too many lawyers, according to about half the attorneys who responded to a Florida Bar survey last year. Since 2000, five new law schools have opened in Florida and the number of lawyers in …and more »
  • Coconut Creek Florida Criminal Defense Lawyer

    Florida's Top Rated Attorney
    28 Jul 2014 | 5:24 am
    The Best Coconut Creek Florida Criminal Defense Lawyer in Florida can be found by visiting The Best Coconut Creek Florida Criminal Defense Lawyer in Florida can be found by visiting The lawyers at the Coconut Creek Florida Law Teams are merely the most unbelievable caliber legal team that can be found in Florida. If you absolutely want to win your case, the Coconut Creek Florida Law Teams are the ones to address. These attorneys have a splendid track record of victories under their belt and are trusted to stimulate the best resolution for…
  • Lawyer: Carter assumed New London superintendent job was his –

    Lawyer - Google News
    28 Jul 2014 | 5:13 am
    Lawyer: Carter assumed New London superintendent job was“He had been identified as the new superintendent, he was told he was being offered the job, they had negotiated terms and conditions for the job that he signed off on,” said Carter's lawyer, Bill McCoy. “He had done everything that he was supposed to …and more »
  • Alford Florida Criminal Defense Lawyer

    Florida's Top Rated Attorney
    28 Jul 2014 | 4:20 am
    The Best Alford Florida Criminal Defense Lawyer in Florida can be found by visiting The Best Alford Florida Criminal Defense Lawyer in Florida can be found by visiting The Legal Teams of Alford Florida are by far the best law teams since they get the best results time and time again. Whenever you absolutely want to win your case, the Alford Florida Law Offices are the ones to telephone. These attorneys have a astronomical track record of wins under their belt and are sure to receive the best result for you too. This Law Office has a…
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    MacGregor & Collins, LLP Law Blog

  • Statute of Limitations for White Collar Crime

    Randy Collins
    14 Jul 2014 | 1:00 am
    A statute of limitation is the time allowed for prosecutors to lay a charge against someone who is accused of committing a criminal offense. The period normally runs from the point at which the alleged offense has been disclosed or discovered. This period varies depending on the category of offense as well as the jurisdiction involved. California’s statutes of limitation for criminal charges are not exactly the same as other states and also differ from those of the federal government. Statutes of limitation allocated for white collar offenses are particularly complex, partly because of the…
  • Difference Between Corporal Injury and Battery

    Randy Collins
    26 Jun 2014 | 7:34 am
    If you or someone you know has been charged with anything related to domestic violence, there is a high probability that those charges are either corporal injury on an intimate partner or a spousal battery. A spousal battery is also called a domestic battery.  A corporal injury and a spousal battery are the most common domestic abuse charges. Despite having a few similarities, the crimes of a corporal injury and a spousal battery have a few distinguished differences that greatly affect the ways in which defendants are prosecuted and defended. What is a Corporal Injury on an Intimate Partner?
  • Qualifications for Expungement in California

    Randy Collins
    17 Jun 2014 | 8:58 am
    A mistake in judgment that you made years ago can have far-reaching effects, including your ability to get the job that you want, obtain some professional licenses, or rent a home.  Even though California criminal records are a matter of public record, an individual would need to know where to look for these files and take the time to look through thousands of court records in each county to find your records. However, electronic indexing has made it much easier for individuals and companies to obtain copies of your records.  Companies index court records into large databases that are easy…
  • Will a DUI Show Up on My Background Check?

    Randy Collins
    4 Jun 2014 | 9:26 am
    Facing a DUI charge is a serious matter that leaves most individuals wishing they had used different judgment before getting behind the wheel.  Despite the initial fear that follows an arrest, having a drunk driving charge does not have to be the end of the world.  An experienced attorney can help you resolve a drunk driving charge so that you can get on with your life.  Once you pay the penalty for driving while intoxicated, that should be the end of the story and no one should hold that against you. Unfortunately for some, their drunk driving charge does not stop affecting them after…
  • Availability of House Arrest for a 3rd DUI in California

    Randy Collins
    28 May 2014 | 9:31 am
    While the majority of the population will never know what it is like to be arrested for driving under the influence, there are a number of others who will receive a 1st, 2nd, 3rd, or even 4th conviction for this offense. For many repeat offenders, alcoholism or other personal problems inhibit their ability to stay sober behind the wheel, and it can have devastating results on their personal life, their employment, and the general safety of themselves and those around them. When referring to 3rd offenses specifically, defendants often ask me whether they will serve jail time. Many hope that…
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    PA Law Blogs

  • Defining Pennsylvania Medical Malpractice

    Anapol Schwartz
    18 Jul 2014 | 8:02 am
    Medical Malpractice Lawyers seek justice for patients who are injured as a result of hospital negligence and injuries caused by doctor error. Medical Malpractice laws vary from state to state.  So, Pennsylvania medical malpractice laws may differ from medical malpractice laws in the other 49 states. Medical malpractice claims must be filed within a given time period known as the statute of limitations (SOL).  Hence, the interpretation of the Statute of Limitations sometimes can be very complicated.  Pursuant to Pennsylvania law, there exists a two (2) year Statute of Limitations.  That is…
  • Robot Assisted Surgery on the Rise, but so are Da Vinci Surgery Lawsuits

    Anapol Schwartz
    10 Jul 2014 | 7:42 am
    A da Vinci robot is a high-tech surgical option to increase precision and decrease recovery time. However, a robot surgery gone wrong can leave a patient with unexpected pain, scars, burns or lacerations, or it can be deadly. Many patients who experienced unexpected injuries from da Vinci robot surgery have filed to seek compensation for injuries sustained as a result of robot surgery complications. The da Vinci Surgical System is a multi-armed robot controlled by a surgeon sitting behind a magnified, high-resolution image of the surgical site. While the surgeon may be doing his best, he may…
  • Reports on Injuries from Airbags prompts Recall of 3 Million Vehicles

    Anapol Schwartz
    3 Jul 2014 | 10:56 am
    Last month, several automobile manufactures issued airbag recalls involving more than 3 million vehicles due to potentially exploding airbags. The airbags manufactured by Takata Corporation were installed with defective inflators that could potentially explode and shoot shrapnel out at drivers and passengers. Vehicles affected by the recent airbag recall include: Honda, Chrysler, Ford, General Motors (GM), BMW, Acura, Mazda, Nissan, Toyota, Pontiac and Lexus. These carmakers have issued several airbag recalls that have affected a total of 10.5 million vehicles in the last five years,…
  • Chrysler Problems Affect Thousands of 2004 and 2005 Chrysler Pacifica Models

    Anapol Schwartz
    30 Jun 2014 | 7:59 am
    There has not been a Chrysler Pacifica recall regarding dangerous engine cradle rust and corrosion, but the auto manufacturer instead sent a technical service bulletin to 2004 and 2005 Chrysler Pacifica owners warning of the potential problem. This 2012 bulletin voided a prior communication that extended the engine cradle warranty for 2004 and 2005 Chrysler Pacifica owners. A Chrysler spokesperson told NBC that the 2004 Chrysler Pacifica problems and 2005 Chrysler Pacifica Problems with engine rust have been narrowed down to a group of vehicles manufactured between February 23 and March 31,…
  • Anapol Schwartz Attorney Assumes Role as PTLA President

    Anapol Schwartz
    24 Jun 2014 | 7:14 am
    Philadelphia personal injury lawyer and Anapol Schwartz Shareholder Lawrence Cohan, was named President of the Philadelphia Trial Lawyers Association (PTLA) on June 16. “I am honored to have been sworn in as President of Philadelphia Trial Lawyers Association,” said Cohan. “The Trial Lawyers have been the lone voice for victims’ rights for decades and will continue to be.  We will preserve, and we’re proud of who we are and what we do.” Prior to being elected PTLA President, Cohan served as a member of the organization’s Executive Board of Directors. He served in various bar…
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    IMC Law Group

  • How Bankruptcy Can Improve Your Credit

    15 Jul 2014 | 12:05 pm
    Contrary to popular belief, bankruptcy can have a positive impact on most people’s credit scores. To begin, let me provide you with a Three Year Credit Score Comparison Chart: Month1 Month6 Month12 Month24 Month36 Debt Negotiation: good bad terrible terrible so so / good Debt Consolidation: good bad bad bad so so Bankruptcy: terrible so so decent good excellent Doing Nothing: good so so terrible terrible terrible Repaying on and off: so so so so so so so so so so You can see that after filing for bankruptcy, your credit will realistically improve far faster than if you try to maintain debt…
  • Emergency Filings

    19 May 2014 | 9:33 am
    Emergency Filings, the $0.00 Down Bankruptcy. A Dignified Solution for Desperate Times. by: Jonathan Goldsmith Cohen Be sure to visit our Google Plus Page. Did you just get served with a wage garnishment? Are your wages being garnished already? Was your bank account just levied by a judgment creditor? Are you facing a Sheriff’s Sale in several days? Call or e-mail me. I am here to help. That’s why I use my powers for good not evil to help people live decent lives. Often, I am sitting across the table in a free confidential consultation with a potential client who needs a bankruptcy case…
  • Are Condominium Dues and Association Fees Dischargeable in Bankruptcy?

    4 Mar 2014 | 3:40 pm
    by: Jonathan Goldsmith Cohen Be sure to visit our Google Plus Page. The short answer is yes. Condo dues and association fees can be discharged in bankruptcy. However, it is important that you understand in detail what obligations remain after a Chapter 7 or Chapter 13 Bankruptcy filing. As always, contact me with any questions. I look forward to hearing from you! Chapter 7 Bankruptcy and Condo Dues In a Chapter 7 Bankruptcy, pre-petition condo dues and association fees (from this point forward I will say condo dues but understand that the same rules apply to association fees) are…
  • How Long Do You have to Wait to Get a Mortgage after a Foreclosure, Short Sale, or Deed-In Lieu of Foreclosure in New Jersey

    24 Feb 2014 | 6:04 am
    Mortgage after a Foreclosure, Short Sale, Deed-In Lieu in NJ. I. Mark Cohen Law Group, Tintnon Falls NJ by: Jonathan Goldsmith Cohen Be sure to visit our Google Plus Page. I frequently get asked how long it takes to obtain a mortgage after having gone through a foreclosure, short sale, or deed-in-lieu of foreclosure in New Jersey. I would like to give you some guidance and answer these questions to the best of my ability. Please keep in mind that this information is for guidance purposes only. How long does it exactly take? You will know for sure when you have approval on that new mortgage.
  • A Hardship Letter for a Mortgage Modification

    13 Feb 2014 | 10:40 am
    How to Write the Hardship Letter for a Mortgage Modification by: Jonathan Goldsmith Cohen Be sure to visit our Google Plus Page. On a regular basis, I counsel my clients how to write their hardship letters as part of a mortgage modification packet. Here are my tips for how to write the best hardship letter possible. In addition, I will provide thoughts on the mindset you should have going in to write a modification letter and a suggestion for how to structure your letter. I. Some thoughts About Hardship Letters The purpose of a hardship letter is to explain in simple, concise language why you…
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    New York Business Lawyer Blog

  • Antitrust, Anti-Steering Rules, and American Express: The Justice Department Pursues Unfair Competition In A Business Model

    25 Jul 2014 | 9:55 pm
    Unfair competition is back in the news. The U.S. Justice Department sued American Express a few years ago for unfair competition in the credit card business. Since such things take time, the trial just began on Monday July 7, 2014. The issues, the accusations, and the justifications seem fairly familiar, especially when you recall the last big antitrust trial and the unintended consequences that followed. Whether the same thing will happen this time, though, is something only time will tell. The last time, the Justice Department sued Apple, to prevent what it said was anti-competitive…
  • Insurance Against The FTC's Claims of Deceptive Acts and Practices: Developing Your Own Industry Standards For Data Security

    14 Jul 2014 | 3:23 am
    We have been discussing what businesses can do to protect against the Federal Trade Commission commencing an enforcement action against them for allegedly failing to take reasonable precautions to ensure the safety of their customers' private data, such as financial information, dates of birth, social security numbers, and even health records: Develop, and implement, industry standard, and commercially reasonable, data security practices. This time, we will see just how effective those efforts are by, in effect, asking Target. What makes such Industry Standard Practices and Commercially…
  • Industry Standard Practices: What Your Business Can Do To Comply With The FTC's Data Security Standard; Part II

    8 Jul 2014 | 10:15 am
    What, exactly, should your business do to protect itself from a Federal Trade Commission enforcement action for failing to use reasonable precautions to ensure data security for your customers' sensitive, private information? In our last post we discussed the difficulty involved in complying with a standard for which no specific regulation has been promulgated; the statute which forms the basis of the standard is amorphous, especially when applied to data security; and the binding case law to which it is recommended that you turn, is nascent, if not non-existent. In this post, we will examine…
  • What Your Business Can Do to Comply With the Federal Trade Commission's Data Security Standard. Part I: Does It Give Fair Notice?

    5 Jul 2014 | 8:11 pm
    What, exactly, can a business do to protect itself against a Federal Trade Commission enforcement action for allegedly failing to take reasonable precautions to protect its customers' sensitive, private, digital information, such as credit card numbers, bank account information, dates of birth, and even medical records? Especially because it is difficult to know exactly what the term "reasonable precautions" actually means in the quickly evolving world of cybersecurity, it is important to develop a credible answer to the question. Some high-profile businesses, including at least one which has…
  • What Does Investigating Insurance Fraud Have In Common With the World Cup? You Make the Call.

    29 Jun 2014 | 11:00 pm
    What does investigating Insurance Fraud have in common with the FIFA World Cup currently taking place in Brazil? More than you might think, especially if you're a world-class goalie trying to stop a penalty kick. The hardest job in all of soccer, or football as the rest of the world calls it, arguably is that of the goalkeeper on a penalty kick. Think of how big that goal really is. Now think of how small that keeper actually is. There is no comparison between the two. Add in the fact that tied games are decided on penalty kicks, and you'll understand the pressure involved, especially when…
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    GTH Energy & Natural Resources Law Blog

  • Department of Energy Offers $4 Billion in Loan Guarantees for Energy Efficiency, Renewables, and Energy Storage

    24 Jul 2014 | 4:28 pm
    The U.S. Department of Energy's Loan Programs Office recently announced a new solicitation for federal loan guarantees to help promote renewable energy, energy storage technology, and energy efficiency projects. The loan guarantees are aimed at promoting greenhouse gas-reducing technologies where DOE support will be "catalytic" -- that is, support of a particular project will help catalyze widespread adoption of the technology -- and the technology is replicable and market-ready. Specific categories of projects eligible for loan guarantees include renewable energy projects that incorporate…
  • Please Join Us for LSI's Columbia River Treaty Conference

    21 Jul 2014 | 5:28 pm
    Please join us for Law Seminar International's Columbia River Treaty Conference, which will be held here in Seattle on September 22 & 23, 2014. The conference is particularly timely because, as we've discussed at length here, September marks a critical turning point for the Treaty, which is one of the cornerstones of our regional economy, and a major factor in issues ranging from salmon restoration to water quality and flood control. We're pleased to announce that GTH partner Jim Waldo will co-chair the conference and GTH partner Eric Christensen will be speaking. We hope to see you there!
  • Nearly Nine Years Later, Congress Finally Funds Incentives for Power Production on Existing Dams

    21 Jul 2014 | 3:34 pm
    When Congress passed the Energy Policy Act of 2005 nearly nine years ago, it included a provision, Section 242, authorizing incentives to retrofit non-powered dams, canals, and conduits with new hydroelectric generation. Until this year, however, Section 242 gathered dust, with Congress failing to authorize any funding. For the first time, when it finally passed its funding bill for Fiscal Year 2014 (October 1, 2013-September 2014) in January, Congress authorized $3.6 million to fund the Section 242 incentives program, dubbed the Hydropower Production Incentive Program ("HPIP"). The U.S.
  • Iowa Supreme Court Clears Regulatory Path for Rooftop Solar Providers, Concluding They Are Not Regulated "Public Utilities"

    16 Jul 2014 | 12:29 pm
    Last week, in a decision that is likely to have far-reaching consequences both for the solar power industry and for traditional utilities, the Iowa Supreme Court found that a solar rooftop leasing company is not a "public utility" subject to regulation by the Iowa Utilities Board. The Iowa Court is the first to address whether a company leasing solar panels on a customer's rooftop is a regulated "public utility" under state utility laws. If followed in other states, the court's conclusion will greatly reduce the regulatory burdens faced by sellers of solar rooftop systems, especially those…
  • U.S. Senate Confirms Norman Bay and Cheryl LeFleur as FERC Commissioners

    15 Jul 2014 | 4:17 pm
    The United States Senate today confirmed President Obama's nominations of Cheryl A. LeFleur and Norman Bay to serve on the Federal Energy Regulatory Commission. Commissioner LeFleur has served on the Commission since 2010 and the confirmation will allow her to serve a full five-year term. Mr. Bay will replace former Chairman Jon Wellinghoff. Mr. Bay has been the Director of FERC's Office of Enforcement since 2009. In that capacity, he was responsible for a substantial rise in that office's profile. For example, as a result of an Office of Enforcement investigation of market manipulation in…
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    SEC Lawyers Blog

  • SEC Approves FINRA Rule to Prohibit Conditioning Settlements on Expungement

    27 Jul 2014 | 8:12 pm
    The Securities and Exchange Commission recently approved the implementation of FINRa Rule 2081, which prohibits brokers from making settlements of customer disputes contingent on the claimant's agreement not to oppose expungement of the dispute from the brokers' public record. Once information is expunged from the CRD system, it is permanently deleted and becomes unavailable to the investing public, regulators or prospective broker-dealer employers. "This rule will prohibit firms and reps from conditioning settlements on a customer's agreement not to oppose expungement, thus protecting the…
  • SEC Charges Compel Morgan Stanley to Pay $275 Million for Misleading Investors in Subprime RMBS Offerings

    24 Jul 2014 | 8:34 pm
    The Securities and Exchange Commission recently charged three Morgan Stanley entities with misleading investors in a two residential mortgage-backed securities (RMBS) securitizations that the firms underwrote, sponsored, and issued. In anticipation of the charges, Morgan Stanley submitted an offer of settlement, which the SEC accepted, wherein Morgan Stanley would pay $275 million to be returned to harmed investors. According to the SEC charges, the matter concerns Morgan Stanley's misleading public disclosures regarding the number of delinquent loans in two subprime residential…
  • Sonn|Erez Investigating Claims Involving Richard Ohlhaber and Sales of Life Partners Investments

    17 Jun 2014 | 6:17 am
    Sonn|Erez is investigating claims regarding Richard Ohlhaber (CRD #2154794). Ohlhaber accepted FINRA's Offer of Settlement, in which he was barred from association with any FINRA member in any capacity. See FINRA Case #2012032077901.Ohlhaber was registered with Century Securities Associates, Inc., from April 9, 2007 through May 2008, and Southwest Securities, Inc. (Southlake, Texas) from May 2008 until his termination in March 2012. After his termination, Ohlhaber was associated with FSC Securities Corp. (Grapevine, Texas), Kovack Securities (Fort Lauderdale, Florida), IMS Securities…
  • Sonn|Erez Investigating Claims Involving Florlena Cortez (Brownsville, Texas)

    10 Jun 2014 | 5:24 am
    Sonn|Erez is investigating claims regarding Florlena Cortez (CRD #4339441, Brownsville, Texas). Cortez submitted a Letter of Acceptance, Waiver and Consent in which she was barred from association with any FINRA member in any capacity. See FINRA Case #2012031460902. Cortez was registered with Chase Investment Services Corp. from 2001 until her termination in February 2012. Cortez also has been known as Florlena Cortez Alva and Florlena Cortez Guerrero. FINRA found between 2009 and 2010, Cortez participated in private securities transactions by soliciting four customers to invest in securities…
  • FINRA Cautions Investors on the Risks of High Yield CDs

    2 Jun 2014 | 5:59 am
    FINRA recently issued an Investor Alert, "High Yield CDs: Red Flags That Signal a Scam" warning investors about promotions of certificates of deposit (CDs) promising interest rates substantially higher than current averages. In the Alert, FINRA described instances of suspected fraud, and offered investors tips to recognize red flags and confirm the legitimacy of offers. FINRA also advised investors what initial steps to take if they suspected that they had been the victims of fraud. In the alert, FINRA described two instances of suspected fraud involving high yield CDs. In one instance of…
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    Broward Injury Lawyer Blog

  • 3rd DCA Denies Vicarious Liability for Those Aiding in Defense

    24 Jul 2014 | 10:40 am
    Florida tends to have broad interpretation with regard to vicarious liability in car accident cases. That is, while third parties generally aren't liable for the actions of someone else, Florida's dangerous instrumentality doctrine provides that a vehicle is an inherently dangerous tool. Therefore, vehicle owners in Florida are subject to liability anytime that vehicle, driven negligently by a third party with the owner's knowledge and consent, is involved in a serious crash. However, Florida's Third District Court of Appeal in Miccosukee Tribe v. Bermudez recently declined to extend this…
  • S. Shore Baseball, LLC v. DeJesus - Sports Stadium Injury Claims Tough to Establish

    15 Jul 2014 | 2:09 pm
    While tens of millions of Americans attend professional sporting events every year, a fair number of them will be injured. These injuries range from third-party criminal attacks by other fans to being struck by hockey pucks and even getting hit with hot dogs. Our Fort Lauderdale personal injury lawyers know that precedent set in most courts holds that a lot of times, these injuries are the manifestation of an assumed risk fans take when attending such events. In many cases, this warning regarding "inherent risk" is even printed on the back of the ticket.
  • Court: Federal Maritime Law Won't Apply to DUI Case

    6 Jul 2014 | 1:44 pm
    Texas and Florida are similar in many ways. Both are among the largest and most populous states in the nation, and both have considerable coastlines along the Gulf of Mexico. This is why the plaintiffs in Schlumberger Tech. Corp. v. Arthey sought to take action under federal maritime law. However, Fort Lauderdale DUI accident lawyers know one way in which these two states vary dramatically is the scope of justice available for crash victims through the civil court system. In Florida, victims of DUI crashes have the option to pursue damages not only from the at-fault driver and his insurer,…
  • Have a Safe and Happy Fourth of July Weekend

    1 Jul 2014 | 9:13 am
    Our Fort Lauderdale bicycle and pedestrian injury lawyers wish you and your family a happy and healthy Fourth of July weekend. In an effort to stay safe, we hope that you will familiarize yourselves with some basic tips to help prevent personal injury this holiday weekend. For pedestrians and bicyclists, the streets can be a dangerous place. This is even more so over the Fourth of July period. We expect to see increased numbers of tourists, drunk drivers, and teen drivers on the road. Tourists can pose a unique danger to bicycle riders by opening their doors without paying attention to an…
  • 2nd DCA Upholds $1.1M Verdict for Florida Car Accident Victim

    30 Jun 2014 | 9:09 am
    A woman who sustained permanent soft-tissue injuries as a result of a rear-end collision has prevailed in her $1.1 million lawsuit, following an appeal to Florida's Second District Court of Appeal. Fort Lauderdale car accident attorneys understand that while the justices did find evidence of judicial error on the part of the trial court, those errors were ultimately deemed harmless. The issue on appeal had to do with whether the court improperly excluded expert testimony on behalf of the defendant. The defense never denied liability for the crash. However, there was dispute regarding whether…
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    Chicago Immigration Lawyer Blog

  • Asylum 101

    21 Jul 2014 | 12:59 pm
    The Asylum process in the United States is a very thorough and in depth process. If you are interested in the asylum process or want to find out if the asylum process is right for you, please contact a skilled immigration attorney. This blog will outline some basic information about the asylum process, who is eligible for asylum, and what is required to be successful in your asylum application. In order to claim asylum, you must be physically present in the United States. You must also apply for asylum within one year of your last entry date into the US. Asylum can also be used as a defense…
  • Questions Remain on How to Resolve the Border Situation

    14 Jul 2014 | 12:56 pm
    Both Congress and the President are weighing in on different ways to resolve the ongoing situation involving unaccompanied minors attempting to enter the US illegally. According to the Wall Street Journal, some House Republicans have discussed a proposal that would repeal the 2008 law signed by President Bush that guarantees unaccompanied minors aprehended in the US an asylum hearing as long as they came from a country that does not share a border with the United States. Several Democrats as well as immigration rights activist oppose this plan. Opponents point out that this law was created to…
  • President Obama to Bypass Congress on Immigration

    10 Jul 2014 | 12:40 pm
    President Obama announced last week that he will use executive actions to reform as much of the immigration process as he can without Congressional approval. The announcement yesterday came as Speaker of the House John Boehner told the President last week that he will not call an immigration reform bill for a vote anytime this year. The President has been waiting to use executive action in the hopes that the House of Representatives would pass either the Senate approved immigration reform bill or an immigration reform bill of their own. After House Majority Leader Eric Cantor lost his bid for…
  • The Situation on the Border

    1 Jul 2014 | 11:56 am
    The situation along the US-Mexico border involving thousands of migrant children has raised a lot of questions these past few weeks. A recent Chicago Tribune article does a fantastic job of summarizing a lot of the issues at play. Here is the background for those that have not been following too closely. About two months ago, the US states along the border began to see an influx of unaccompanied minors crossing the US border from Mexico into the United States. The flow of children continued to grow, overwhelming many of the US facilities along the border. Here are some answers to some…
  • Things to Consider About a Provisional Unlawful Presence Waiver (I-601A)

    25 Jun 2014 | 11:36 am
    Provisional Unlawful Presence Waivers, or more commonly known as I-601A waivers, are very confusing and complicated to complete. Many factors are considered and a lot of documentation is needed to complete an I-601A waiver. That is why you should definitely seek the assistance of a skilled immigration lawyer if you want to complete one. Here are some important things to consider about an I-601A waiver. Do you qualify for an I-601A Waiver? To be eligible for a provisional unlawful presence waiver you must fulfill ALL of the following conditions: 1. Be 17 years of age or older. 2. Be an…
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    Marketing Attorney Blog

  • LP Magazine - Age over Beauty? Marketing a Law Firm's Anniversary

    14 Jul 2014 | 8:21 am
    In the July/August 2014 issue of the ABA's Law Practice magazine, I address the always-sensitive subject of age. In this case, it is about the marketing value of a law firms' years. It is yet another subject that seems to present itself to me with clients a few times every year. How young is too young? And how old is too old? And is there value in touting age--and more specifically--an anniversary to clients and prospects? Many law firms have taken anniversaries--literally as short as the one year mark and as long as 200 years--and looked to make them into marketable events. In some cases…
  • WMT: The Price You Pay for the Right Domain Name

    11 Jul 2014 | 7:59 am
    Among the very first law firm websites I ever worked on was My six year old son accesses the site every morning on his iPad before heading to school or camp to check scores and watch video highlights of last nights' major league baseball action. Of course, that does not sound like a law firm website, does it? No, it is Major League Baseball (MLB). But in the late 90s, took you to the website of one of the nation's largest law firms--Morgan, Lewis & Bockius. Morgan Lewis' IT people were certainly on their game when they beat baseball to the punch and acquired the…
  • Lily Buchdahl Provides The Weather on Fox 29 Philadelphia

    13 Jun 2014 | 1:07 pm
    For some attorneys, there is nothing more nerve-wracking than appearing on television. For my 10 year old daughter, Lily, it is one thing to say you want to be on TV and another to experience it. As part of a charity auction, Lily's Mom and I purchased the opportunity for her to do the weather forecast on the local Fox television station's morning show, Good Day. We knew someone besides Lily was on the morning show as well, since the paparazzi were not outside waiting on me (I don't think). In the green room (which was much sparser than one might imagine) we met a few of the other guests.
  • LinkedOut and MisTweeted: Ethical Uses of Social Networking in Marketing Your Law Practice

    22 Apr 2014 | 8:40 pm
    It is hard to believe that I've been teaching the "advertising/marketing" ethics hour for the Pennsylvania Bar Institute for more than a decade now. But what makes it particularly interesting is that my space (pun intended, if you get it) keeps changing with such rapid fire imprecision that it really never gets old. This year I return to the theme of social networking ethics. I could say I'm repeating my program from 2010, but very little is the same. I looked back into my PowerPoint slides to find my first discussion of advertising and social media taking place in 2003. This makes me sound…
  • Lawyers Shifting Facebook Strategies

    21 Apr 2014 | 8:28 pm
    Like and Like. This is like two Facebook posts in one. For my April 2014 contribution to Web Marketing Today, I return to a topic that I last covered just 11 months ago in May 2013. So much has changed in the social media space in a relatively short time. The players are still the players. But with Facebook changing--more focus on mobile and more focus on revenue (advertising options)--you simply can't sit around and stay status quo. On the marketing side, it has certainly gotten my attention. Many law firms are finding that Facebook provides brand awareness options that are sharper, cheaper…
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    Dallas Divorce Law Blog

  • Rule 11 agreements are revocable before judgment is rendered

    Michelle O'Neil
    22 Jul 2014 | 7:44 am
    A point of confusion for many in the family law context is the viability of a rule 11 agreement to settle an issue or a whole case.  Rule 11 of the Texas Rules of Civil Procedure provides that an agreement between lawyers in a case is enforceable as long as the agreement is in writing and filed in the papers of the court or read into the record of the court.  However, rule 11 agreements are revocable at any time until judgment is rendered. A court may not enter an order upon a rule 11 agreement when one of the parties to the agreement has revoked his or her consent. The recent case…
  • Becoming a Partner -- Ownership Interest in Divorce

    Michelle O'Neil
    16 Jul 2014 | 10:55 am
    I was asked recently about whether becoming a partner in a professional company creates community or separate property.  The Husband worked for a firm prior to marriage and shortly before the marriage was offered a partnership interest in the firm.  He and the firm signed the partnership agreement a few months prior to the marriage.  After the marriage, he began receiving the benefits of the partnership agreement.  Now, he and his wife are headed for divorce and he wonders if she is going to be entitled to part of his partnership interest. Starting at the beginning of the…
  • Strategy in Asset Divisions - Do's and Don'ts

    Michelle O'Neil
    9 Jul 2014 | 6:34 am
    One asset does not always equal another asset, even if the values are identical. One reason for this may be based on the personal situation of each spouse.  For example, one spouse may have a greater need for cash in the short run, where the other spouse may place higher need on retirement assets. Personal preference or short-term and long-term financial needs may be only part of the equation. Tax consequences of a property division can impact the long-term financial future of divorcing spouses.  Deborah Nason with CNBC pointed out the not-so-obvious effects of a divorce property…
  • Michelle May O'Neil joins Godwin Lewis, P.C.

    Michelle O'Neil
    1 Jul 2014 | 1:47 pm
    I am very excited to announce that effective today, July 1, 2014, I am joining the firm Godwin Lewis, P.C. in downtown Dallas as a shareholder. After 20+ total years of practice, and 10+ years with O'Neil & Attorneys, I am excited for the new opportunities ahead of me. As a firm owner, I have always tried to provide high quality representation in a personal atmosphere. I believe that joining Godwin Lewis will help me to do a better job by focusing all of my efforts on my clients' best interest, eliminating the administrative tasks involved with owning and running a law firm. Godwin Lewis has…
  • What Child Support Covers - And Does NOT Cover

    Michelle O'Neil
    24 Jun 2014 | 7:53 am
    I read an interesting article by Natalie Gregg in Huff Post What Child Support Does Not Cover. It is an all-too-common complaint by the parent paying child support that the other parent “spends the money on him/herself”.  Many paying parents want to put restrictions on what child support can be spent on, to prevent the other parent from personally using the money. While it may seem like child support is being mismanaged to some – and maybe in some cases it is being mismanaged -- Texas law does not support placing restrictions on how child support is spent.  Judges…
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    Massachusetts Drug Injury Lawyers Blog

  • New Studies Reveal Serious Side Effects of Cholesterol Drug

    24 Jul 2014 | 10:59 am
    High cholesterol is one of the most common medical conditions for patients in the United States, and the market for medication to treat the condition is a multibillion dollar industry. Many doctors attribute at least part of the uptick in high cholesterol, or hypercholesterolemia, to poor diet and nutrition, alcohol consumption, and family genetics. The supersized diet popular in the United States has led to a marked increase in high cholesterol cases which, left untreated could result in cholesterol deposits in major arteries, ultimately leading to heart attack and stroke. The Center for…
  • The Number of Massachusetts GranuFlo Lawsuits Keeps Growing

    19 Jul 2014 | 5:12 pm
    Plaintiffs continue to come forward, accusing Fresenius Medical Care of failing to inform patients about the risks involved with GranuFlo. This medical powder used in kidney dialysis treatment to help clean the blood of patients. Now, there are around 5,500 GranuFlo injury cases, many of which were filed in U.S. District Court in Boston and Middlesex Superior Court in Massachusetts. Fresenius is based in Waltham, MA. GranuFlo has been linked to a greater risk of heart attack and metabolic alkalosis, which involves the body fluids having too much bicarbonate in the blood. Metabolic alkalosis…
  • Beyaz Birth Control Pill Carries Similar Health Risks As Yaz and Yasmin

    6 Jul 2014 | 3:24 pm
    In previous blog posts, our drug injury law firm has written about the risks associated with taking Yasmin and Yaz birth control pills. Now, we want to make sure you are aware that Beyaz, another birth control pill made by Bayer, also carries an increased risk of blood clots, heart attack, and stroke. Beyaz was introduced into the market in 2010. The U.S. Food and Drug Administration approved the drug because it is similar to the Yaz birth control pill. They are both contraceptive pills that are estrogen/progesterone-based. The difference is that Beyaz has folic acid, which can lower the…
  • $100M NuvaRing Injury Settlement Now Final

    29 Jun 2014 | 3:25 pm
    Now that 95% of eligible plaintiffs have opted in, the $100 million defective medical device settlement between NuvaRing manufacturer Merck & Co. and 3,800 claimants will stand. A district court judge had approved the birth control injury settlement earlier this year. Merck, however, could have backed out of the agreement if not enough plaintiffs agreed to join. The company maintains that “substantial” evidence proves that the contraceptive device is safe. It is settling the NuvaRing lawsuits without denying or agreeing to the claims. NuvaRing is a vaginal ring that is inserted into the…
  • Parents, Doctors Warn of Prescribing Adderall to Toddlers

    27 Jun 2014 | 1:06 pm
    Attention Deficit Disorder, or ADD (ADHD in some children includes hyperactivity) generally becomes evident when children and young adults are in school and start to experience difficulties in class or concentrating on homework. Diagnosis and treatment of this complex disorder is extremely difficult, and there has been heated debate on the medications used to treat ADD and ADHD for as long as these drugs have been on the market. The strong steroid medications often produce a lengthy list of side effects that can significantly alter a child’s quality of life. Doctors must weigh the positive…
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    New York Real Estate Lawyers Blog

  • Keeping Landlord-Tenant Disputes Under Control

    28 Jul 2014 | 6:56 am
    Recently in the news is the rather gruesome story of a woman who was murdered and dismembered. Her body parts were discovered in Nassau and Suffolk Counties. Her neighbor was arrested for her murder and is being held without bail. According to the news story, the root of the conflict between the two women appears to have been a landlord-tenant dispute. The accused murderer, Leah Cuevas, was pretending to be the landlord of the building in which the two women lived, after the actual owner passed away. Ms. Cuevas then attempted to collect the rent from the building's tenants, and when fellow…
  • Access to Building Services in Rental Units in New York

    21 Jul 2014 | 2:48 pm
    A recent news story regarding affordable housing in New York may be of interest to readers of our blog. New York City's Department of Housing Preservation and Development (HPD) approved a separate entrance in a proposed new building containing affordable housing units. The building would therefore have two entrances (it is located on a corner lot), one for the luxury units, and one for low-income units that would comprise 55 of the 219 proposed units. Of course, many people are outraged by this "poor door," arguing that it imposes a stigma on the low-income renters in the building. Others may…
  • Buyouts Between Landlords and Tenants in New York

    10 Jul 2014 | 9:54 am
    A recent article in the New York Times discusses the issue of landlords making cash offers to "buy out" tenants of their rent regulated tenancies. Our firm has handled these situations, representing both landlords and tenants in different transactions regarding such buyouts. The reason behind such offers is the rent regulation system currently in place in New York City. Many, but not all, apartments in New York are subject to rent regulation. Rent regulation applies to apartments renting below a certain amount, but does not apply to rentals of a condominium or cooperative unit by its owner.
  • Wishing Our Readers a Happy 4th of July

    4 Jul 2014 | 7:00 am
  • Trademarks and the Washington Redskins Decision

    19 Jun 2014 | 11:48 am
    Recently in the news is a decision by the United States Trademark Trial and Appeal Board concerning the registration of the trademark for the Washington Redskins football team. Longtime readers of this blog will recall that a prior post explained the difference between copyrights and trademarks. To summarize, a trademark is legal protection for a trade or business name used to identify goods and services in interstate commerce. To obtain such protection, one generally applies to the United States Patent and Trademark Office in Washington, D.C. The applicable procedure is one which can be done…
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    Wisconsin Probate & Estate Planning Blog

  • Another Plus About Trusts: Federal Court Ruling Green-lights Trust’s Tax Deduction Claim

    Attorney Daniel Krause
    21 Jul 2014 | 8:47 am
    A federal tax court’s ruling in favor a trust on certain deductions that the trust claimed on its federal income tax returns highlights a potential added bonus to the use of trust planning, as the court decided that a trust could engage in the sort of active participation in a business needed to claim the business’s losses on its taxes. By refusing to foreclose trusts from claiming the losses of trust-owned business assets, the court’s ruling offers one more reason why family farmers and small businesspeople should ensure they have a proper estate plan in place that includes…
  • How Qualifying for Medicaid Will (or Won’t) Affect Your Estate Plan

    Attorney Daniel Krause
    8 Jul 2014 | 8:47 am
    For many seniors, few things are more intimidating than the thought of a required stay in a nursing home. In addition to the high degree of emotional stress that going into a nursing home entails, there’s also the scary thought of the financial repercussions. A Milwaukee Journal Sentinel article from last spring reported that the average cost of a nursing home stay in Wisconsin was more than $42,000 per year, with that number skyrocketing to almost $97,000 for a private room. One way for some people to avoid the enormous costs of a nursing home is Medicaid, but it too comes with its own…
  • Wisconsin City Discovers Multiple Benefits to End-of-Life Planning

    Attorney Daniel Krause
    26 Jun 2014 | 8:44 am
    In most places throughout the country, the vast majority of people have not engaged in end-of-life planning. According to an NPR report, only about 30 percent of people have an advance directive, living will or similar document. However, in LaCrosse, that number is far different. More than 95 percent of the people in that city have advance directives or other forms of end-of-life planning documents. As a result, the people of LaCrosse have served as an illustration of the numerous positives that families receive when proper end of life planning is put on paper in advance of needing it. The…
  • Landmark case holds that Inherited IRAs are NOT PROTECTED from creditors

    Attorney Daniel Krause
    12 Jun 2014 | 11:06 am
    In the next few weeks we will be reaching out to our clients and referral partners to inform them of the critical importance of safeguarding IRAs and other retirement accounts they will some day pass on to their beneficiaries. On June 12, 2014 the United States Supreme Court handed down its opinion in Clark v. Rameker. The Court held unanimously that retirement funds inherited by a beneficiary from the original plan participant are not considered to be “retirement funds” within the meaning of the federal bankruptcy exemptions found at 11 U.S.C. §522(b)(3)(C). As a result, a debtor’s…
  • Is A Wisconsin Revocable Living Trust The Best Way to Avoid Probate and Transfer Assets Upon Death?

    Attorney Daniel Krause
    28 May 2014 | 2:49 pm
    One common objective among people planning their estates is avoiding probate, and many of the people who seek to avoid probate use a revocable living trust to accomplish that end. A living trust can be an enormously beneficial tool in the planning and distribution of your estate in Wisconsin. On the other hand, it may be an unnecessary step, since many Wisconsin laws allow you to avoid probate through other estate planning means that may be more appropriate for your unique set of circumstances. Alternatives to creating a living trust: “transfer on death” designations If you do…
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    San Diego Divorce Lawyer Blog

  • Spouse Seeking Legal Separation Should Pay Close Attention to Filing Date

    24 Jul 2014 | 1:32 pm
    The California Family Code applies to parties seeking a divorce or legal separation, among other things. For quite some time now, California has been a "no-fault" state, permitting one spouse or the other to seek a divorce or separation without citing any particular fault on behalf of the other. The laws governing divorce proceedings vary to some extent from state to state. For this reason alone, it is imperative that you consult with a family law attorney from California, and specifically from the San Diego area. Local, experienced counsel would be able to effectively protect your legal…
  • Division of Community Property in Divorce Includes Assets and Debts

    22 Jul 2014 | 10:25 am
    Often when people think about the division of marital property in divorce, they consider mainly the couple's accumulated assets, such as the family home, bank accounts, investments and other property. But because California is a "community property" state, all of a couple's marital property - including their collective debts -- will be divided equally in divorce. If you are considering a separation or dissolution of marriage, it is important to take stock of everything you two own together as well as what you owe. Courts in San Diego and throughout the state will endeavor to divide all of the…
  • Celebrity Divorce Raises Question as to Unborn Child's Fate

    17 Jul 2014 | 11:17 am
    The most simple divorce case is not easy. Without question, there are difficult emotional and financial aspects to any dissolution of marriage. But certain cases are simply more complicated and unconventional than others, requiring the parties - and their attorneys -- to be fully apprised of the most current laws applicable to family law matters. It is often argued that parties to divorce cases that involve children are especially encouraged to engage a family law attorney to handle the matter. If you are considering divorce, you are encouraged to contact an experienced family law attorney…
  • Marital Settlement Agreement Incorporated Into Divorce Judgment Declared "Moot"

    15 Jul 2014 | 11:42 am
    Depending on the facts and circumstances surrounding a divorce, the marital settlement agreement can vary in length, as well as the impact on the parties' future lives. The agreement typically purports to settle significant matters between the spouses, such as child custody and support, visitation, spousal support, the division of community property, and many other items. Drafting such an agreement requires meticulous attention to detail, along with a thorough understanding of the ramifications of each provision. An executed marital settlement agreement is often incorporated into the divorce…
  • Another May Be Declared a Child's Father Despite The Husband's "Presumed Father" Status

    10 Jul 2014 | 11:21 am
    California law provides a means by which one may establish the existence of a parent/child relationship. As is relevant to the case described below, under former Section 7611 of the Uniform Parentage Act, a man is presumed to be the natural father of a child if (among other things) he and the child's mother are or have been married to each other, and the child is born during the marriage. That presumption may be "rebutted," and another man may be deemed the father. The interplay of California's laws relating to matters of marriage, divorce, and questions of paternity is complicated and can…
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    Maritime & Cruise Ship Accident Lawyer Blog

  • Carnival Raising Cruise Prices as Costa Concordia is Raised from the Sea

    Gerson & Schwartz, P.A.
    22 Jul 2014 | 5:00 am
    Despite recent news of the ill-fated cruise line Costa Concordia being raised from the sea after its tragic sinking in 2012, Carnival Cruise lines, the parent company of Concordia, apparently thinks the environment is right to start raising prices on cruises again. This is despite having a less than spectacular year when it comes to cruise ship safety. Our Florida cruise ship attorneys are monitoring these developments closely. Prices Going Up Carnival Cruise line recently reported its intention to raise cruise prices, which had been trending cheaper in the recent years. Bad press has plagued…
  • What Happens When the Cruise Line Sends You to a Medical Examination?

    Gerson & Schwartz, P.A.
    15 Jul 2014 | 6:25 am
    If you are injured on a cruise ship, part of the burden in proving your case is showing you have sustained an injury, and proving the nature, severity, and permanency of your injuries. If you have sustained a major injury—for example, one that requires surgery—that may sound like an easy burden. But despite how obvious your injuries may be, the law allows a defendant cruise line to force you to attend what is known as an Independent Medical Examination, or IME. An experienced Florida cruise ship attorney can help you understand the process. What is an IME? An IME is a medical examination…
  • Costa Deliziosa Power Outage Causes Delays And Raises Safety Concerns

    Gerson & Schwartz, P.A.
    10 Jul 2014 | 6:39 am
    Over the last year, our Florida cruise ship accident attorneys have discussed what appears to be a never-ending string of cruise mishaps, made worse by cruise liners continued policy of denial and concealment of such issues. In March, Royal Caribbean’s Adventure of the Seas and the Navigator of the Seas had problems returning to port. The Adventure of the Seas lost propulsion after the cruise ship’s “fixipod” leaked oil and barely made it to San Juan and the Navigator of the Seas was unable to make port on time due to an oil spill caused by a collision between a ship…
  • Two U.S. Men Allegedly Rape Woman While In Jamaican Waters

    Gerson & Schwartz, P.A.
    1 Jul 2014 | 4:45 am
    Over the last year, our Florida cruise ship attorneys have had the unfortunate task of discussing a number of incidents in which cruise ship passengers have been the victim of sexual assault or rape at the hands of crew members or other passengers. Recent Incidents In February, we discussed an Inside Edition interview with a young woman who claims that she was held down by two crew members in their cabin and raped repeatedly onboard a Carnival cruise. In April, we talked about sexual abuse allegations against a Disney Cruise Line crew member who has been charged with two counts of lewd or…
  • Cruise Ship Employee Allegedly Rapes Passenger While in St. Kitt’s Territorial Waters

    Gerson & Schwartz, P.A.
    26 Jun 2014 | 7:06 am
    Over the last year, our Florida cruise ship accident attorneys have discussed a number of incidents in which cruise ship passengers have been the victim of sexual assault or rape at the hands of crew members or other passengers. Several weeks ago, two U.S. men were accused of raping a female passenger aboard Royal Caribbean’s Navigator of the Sea, which docked in Jamaica. In February, we discussed an Inside Edition interview with a young woman who claims that she was held down by two crew members in their cabin and raped repeatedly onboard a Carnival cruise and, in April, we talked…
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    Brian M. Mekdsy Legal Services, Massachusetts

  • This Fourth of July: Can’t We All Just Get Along?

    Brian M. Mekdsy
    2 Jul 2014 | 6:23 pm
    As the Fourth of July approaches and Americans get ready to celebrate independence by attending barbecues and firework displays, I can’t help but lament the current state of political discourse. This is, unfortunately, nothing new. In a Fourth of July-themed blog post last year appealing to the American sense of history, I tried to make [...]Related Posts:Why You Should Read The Declaration Of Independence This 4thBeware The Fiscal Cliff: Even Middle Class Estate Plans…Sick of Washington’s Games? Start a NonprofitIs the US Treasury Worthy of your ‘Charitable…A…
  • Remembering the Fallen on Memorial Day

    Brian M. Mekdsy
    26 May 2014 | 8:50 am
    Last Memorial Day, I wrote about two great nonprofits dedicated to helping veterans and first responders, Homes for Our Troops and Wills for Heroes. This year, in keeping with that theme, I’d like to showcase two other organizations I’ve recently learned about that do similarly noble work on behalf of military families. Children of Fallen [...]Related Posts:A Memorial Day Expression Of AppreciationWhy You Should Read The Declaration Of Independence This 4thIs the US Treasury Worthy of your ‘Charitable…22 Things To Be Thankful For This ThanksgivingYour Estate Plan Reflects…
  • Winter’s Finally Over: Your Paperwork Needs a Good Spring Cleaning

    Brian M. Mekdsy
    28 Mar 2014 | 6:41 am
    I don’t know about you, but after the winter we’ve just been through here in the Northeast, the arrival of spring is a welcome event – to say the least. I can’t tell you how much I’m looking forward to opening the windows and filling the house with the fresh air of spring, and the [...]Related Posts:5 Items for your Estate Planning “To Do” List…Password Protection Software Can Be A LifesaverA Social Media Will Is No Longer OptionalProtecting Your Digital Assets With Google’s Inactive…8 Questions To Ask When Setting Up A Power Of AttorneyBrian M.
  • Is the US Treasury Worthy of your ‘Charitable Bequest’?

    Brian M. Mekdsy
    28 Feb 2014 | 8:54 am
    As I was going through some of my subscriptions in my feedly tab recently, a headline on the Wills, Trusts & Estate Prof Blog caught my eye: “Loner Makes Mysterious Bequest.” Intrigued, I clicked through the link to get to the full story. The headline from the original Buffalo News article had me even more [...]Related Posts:Sick of Washington’s Games? Start a NonprofitBeware The Fiscal Cliff: Even Middle Class Estate Plans…Series On The Massachusetts Uniform Trust Code: Part 2Series On The Massachusetts Uniform Trust Code: Part 1A Memorial Day Expression Of…
  • 5 Items for your Estate Planning “To Do” List this Year

    Brian M. Mekdsy
    25 Jan 2014 | 12:01 pm
    I’ve never really understood the lure of making “New Year’s resolutions.” If you truly need to change some important aspect of your life, why not start tomorrow? Why wait until the start of a new calendar year to implement a major life change? But I suppose the beginning of the year is as good a [...]Related Posts:A Social Media Will Is No Longer OptionalNational Estate Planning Awareness WeekWinter’s Finally Over: Your Paperwork Needs a Good…5 Things You Can’t Accomplish In Your Will8 Questions To Ask When Setting Up A Power Of AttorneyBrian M. Mekdsy Brian M.
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    The Emplawyerologist

  • Time for a Pregnant Pause? The New EEOC Enforcement Guidance (and a Pending Supreme Court Case) on the Pregnancy Discrimination Act

    Janette Levey Frisch
    24 Jul 2014 | 4:00 am
    Last week, the Equal Employment Opportunity Commission (EEOC) released an updated Enforcement Guidance on Pregnancy Discrimination. Some people are saying that the EEOC now considers pregnancy a disability and that pregnant workers are now entitled to preferential treatment. On July 1, 2014, the United States Supreme Court agreed to hear the appeal of a Fourth Circuit Court of Appeals, Young v. UPSCase No. 11-2078 , which held that UPS did not owe accommodations to a pregnant driver. This sounds like a contradiction. What’s up with that? with the EEOC and the 4th Circuit Court of…
  • Has the US Supreme Court “Overruled” Public Employee Unions?

    Janette Levey Frisch
    17 Jul 2014 | 2:21 pm
    Just over two weeks ago, the U.S. Supreme Court in Harris v. Quinnruled that the State of Illinois cannot force certain public employees who do not opt to join a union to pay what amounts to a representation fee. You can access the full opinion here. The  Supreme Court has previously upheld requirements that  non-union members who nonetheless benefit from a union’s collective bargaining activity pay the union a fee, to be deducted from the employee’s pay by the employer. Has established precedent been overturned? What happened in the case, and what is the likely impact?
  • Mis-Conceptions about The U.S. Supreme Court’s Ruling in Hobby Lobby

    Janette Levey Frisch
    10 Jul 2014 | 6:28 am
    Last week the U.S. Supreme Court decided Burwell et al v. Hobby Lobby Stores, Inc., et al  573 U.S. _____ (2014), a/k/a The Contraceptive Mandate Case.  In the week and a half since that ruling misconceptions,  (pardon the pun) abound. Many are under the impression that employers now do not have to provide any contraception coverage under the Affordable Care Act as long as they say it’s for religious reasons. Others think that the case by definition has far-reaching implications for employers and employees. What did the Supreme Court in Hobby Lobby actually rule, who is actually…
  • I am quoted in “10 Questions You’re Afr

    Janette Levey Frisch
    4 Jul 2014 | 4:35 pm
    I am quoted in “10 Questions You’re Afraid to Ask about Maternity Leave” ~ Levo League under: Uncategorized
  • Who is Noel Canning —and Why Do We Care????!!!!

    Janette Levey Frisch
    3 Jul 2014 | 12:09 pm
    The U.S. Supreme Court just issued a few rulings on major cases, some of which impact employers.  This week  I’m just going to talk about one of them, Noel Canning v. N.L.R.B. Now I know, I’ve written about the N.L.R.B. several times, specifically, here, here, here, here , here, here, here,  and here  but this is different — really! I can assure you that I wouldn’t bother you with just another NLRB case if it didn’t have any relevance to you as an employer, so join The Emplawyerologist after the jump to get a glimpse at this case and how it could matter…
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    The Federal Criminal Appeals Blog

  • Short Wins - the Shameless Promotion Edition

    22 Jul 2014 | 5:06 am
    Remember back with this blog was more than just Short Wins? Remember when there were long and loving descriptions of cases? I still aspire to get back to that vision for the blog - that was fun. Seriously, look for more long write-ups soon. I've been distracted by writing for Above the Law (here is a link to my columns (I particularly like the one about cannibalism)) and my day job as a practicing lawyer. But, if you're jonesing for those long write-ups again, thanks to the good people at James Publishing, you can now read them in one handy-dandy book. It has the jazzy title Criminal Defense…
  • Short Wins - the Presentment Delay Issue

    6 Jul 2014 | 1:53 pm
    It's a relatively slow week in the federal circuits. My favorite case of the last week is United States v. Torres Pimental. You've got to love a suppression motion being granted off of a government delay in presentment. To the victories! 1. United States v. Spann, Seventh Circuit: Appellant was sentenced to 97 months' imprisonment after pleading guilty to possession with intent to distribute. The sentence was reversed because the judge failed to justify the sentence. The reasoning for the top-of-the-guidelines sentence was improper because it would in essence equate to every drug trafficker…
  • Short Wins - the Seventh Circuit Draws a Line on Supervised Release

    30 Jun 2014 | 2:37 pm
    There's been a lot in the circuits in the last week, but perhaps the most surprising bit is that the Seventh Circuit issued four opinions on supervised release conditions. Supervised release may not be the sexiest of issues, but, especially in child pornography cases, it matters a lot. I'm not sure what's in the water in Chicago, but whatever it is reaffirms that these conditions need to be narrowly tailored and properly justified. To the victories! 1. United States v. Ganias, Second Circuit: Following a jury trial, Appellant was convicted for tax evasion. That conviction was vacated because…
  • Short Wins - The Immunity Edition

    16 Jun 2014 | 12:25 pm
    Today's featured defense victory is United States v. Barefoot, which deals with a kind of surprising course of conduct in the Fourth Circuit. In Barefoot, a person gave information to the government to help them investigate other crimes. The information was given on the condition that the information not be used to prosecute him. The government broke that condition. Happily though, the Fourth Circuit enforced it. To the victories! 1. United States v. Guzman-Montanez, First Circuit: Appellant was sentenced to 60 months imprisonment after being convicted of being a felon in possession of a…
  • Short Wins - the Forfeiture Chart Edition

    5 Jun 2014 | 6:40 am
    It's a been a relatively quiet week in the federal circuits. Which is one reason I think this week is a nice one to share this very cool graphic on how forfeiture laws are hurting people in these United States. Forfeiture is insane. It reminds me too much of the California prison industry lobbying for tough on crime laws - the incentives simply line up wrong (it's a long chart - the short wins are at the bottom). Here's the chart: Please include attribution to with this graphic. , an infographic from To the victories! 1. United States v. Ferguson, Fourth…
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    Boston Injury Lawyer Blog

  • Personal Injury Litigation Explosion in Massachusetts? Fact or Fiction?

    22 Jul 2014 | 8:26 am
    Conventional wisdom says that people will sue for any injury and that the number of personal injury lawsuits is steadily increasing. But, the facts tell a different story. Where a serious personal injury is claimed, the case is usually filed in Superior Court in Massachusetts and recorded as a civil case filing. The court has reported statistics for filings for most of the past 30 years. Comparing the number of civil filings since 1986 with those in 2013 shows that the annual number of filings has declined from 34,807 in 1986 to 21,458 in 2013. During that time, Massachusetts population has…
  • Total Hip Arthroplasty - A Future Without Metal-On-Metal Bearings

    15 Jul 2014 | 9:03 am
    One of the most important issues surrounding Total Hip Arthroplasty (replacement) is the future of bearing surfaces. The bearing surfaces of an artificial hip joint ideally have sound wear characteristics and durability, are bio-inert and relatively easy to implant. Hip recalls, including the DePuy ASR and Stryker Rejuvenate and ABG II, represent a loss in confidence and movement away from metal-on-metal articulating surfaces. Growing reports of cobalt and chromium toxicity, device failure and revision surgery in patients implanted with metal bearings have forced surgeons and manufacturers to…
  • Massachusetts Food Poisoning Claims

    8 Jul 2014 | 7:11 am
    When people hear about Salmonella, they most often think of raw eggs, raw chicken or other animal products as the source of this potentially deadly bacteria. Since the beginning of this month however, six non-animal food products were recalled due to the possibility of Salmonella contamination, products which include black pepper, crackers, chia powder and flax seeds. In the same time frame, Atlantic salmon, gouda cheese and egg salad were all recalled due to possible Listeria (Listeria monocytogenes) contamination, and over the past two months, there were three multi-state outbreaks of E.
  • Firefighter Injuries in Massachusetts

    10 Jun 2014 | 2:09 pm
    Investigators recently determined that the massive Back Bay fire which took the lives of two Boston firefighters on March 26, 2014 was caused by errant welding sparks from an unpermitted job at the adjacent property at 296 Beacon Street. Ordinarily, a permit is required to perform welding work at residential or commercial construction job sites. When a welding permit is pulled, the Fire Department inspects the work site to determine whether proper safety precautions are being taken, and to determine whether a fire department detail should be present during the job for fire safety. Preliminary…
  • FDA Proposes Reclassification of Surgical Mesh for Transvaginal Pelvic Organ Prolapse

    29 May 2014 | 7:57 am
    On May 1, 2014, the U.S. Food and Drug Administration announced a proposed rule to reclassify surgical mesh for transvaginal pelvic organ prolapse (POP) repair from class II to class III. This proposed rule change acknowledges that there is insufficient evidence on the safety of mesh products for POP repair and would require any transvaginal mesh to undergo premarket approval to ensure the mesh's safety and effectiveness before it can be marketed and implanted in women. This classification change would remove mesh products for POP from the much maligned 510K process, which does not require…
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    Securities Law Blog

  • Staten Island Broker To Pay $1.3M For Scam

    The Frankowski Firm, LLC
    25 Jul 2014 | 8:01 am
    Wayne Burmaster, a broker from Staten Island, New York, will pay $1.3 million in disgorgement to the SEC for selling unregistered penny stock. Burmaster, together with his partner Edward Hayter, sold unregistered shares to investors. Further, they misrepresented the shares as stock in a hospitality holding company, according to the SEC’s complaint. The complaint goes on to allege that Burmaster and Hayter used a fake name, lauded as an accomplished entrepreneur, and solicited the public to invest in their penny stock by using misrepresentations in press releases. Having sold tens of…
  • SEC Approves FINRA Rule To Limit Expungement

    The Frankowski Firm, LLC
    24 Jul 2014 | 7:30 am
    The SEC approved a new FINRA rule that will make it hard for brokers to delete customer complaints from their records in arbitration cases. Rule 2081 will prevent brokers from making settlements with customers requiring the claimant to accept expungement of the case from the broker’s public record. The goal of the new rule is to ensure that brokers cannot conceal customer complaints in run-of-the-mill cases but only more extreme cases. According to the Public Investors Arbitration Bar Association, expungement requests were granted in 89% of cases resolved by stipulated awards or…
  • Citigroup Avoids FINRA Arbitration, Still To Pay $590M

    The Frankowski Firm, LLC
    23 Jul 2014 | 7:50 am
    A federal judge in New York ruled this week that Citigroup would not have to face FINRA arbitration regarding claims that its stock dropped precipitously after it hid securitized-loan losses because an arbitration would violate an already existing $590 million dollar settlement over the same claims. An arbitration had been begun by Gary Burgess and Joseph Icon, two former Citigroup employees who claimed not to be included in the 670,000-person settlement class. Burgess argued that he should not have been included because he failed to opt out of the class, and Icon argued that he did not…
  • Company Cofounded By Nancy Pelosi’s Son Charged With Securities Fraud

    The Frankowski Firm, LLC
    22 Jul 2014 | 7:50 am
    Natural Blue Resources Inc., a company cofounded by Nancy Pelosi’s son, Paul Pelosi Jr., was charged with securities fraud last week after the SEC discovered that two convicted criminals were at the company’s helm. Pelosi Jr. was the company’s president and chief operating officer of the company, which is aimed at selling “environmentally-friendly” investments. Four individuals, including Ex-New Mexico governor Toney Anaya, were charged by the SEC and were suspended from trading in the company’s stock. According to the SEC, James E. Cohen and Joseph…
  • Golfing Buddies Charged With Insider Trading

    The Frankowski Firm, LLC
    21 Jul 2014 | 7:40 am
    Earlier this month, the SEC charged a group of golfing buddies with trading on inside information about American Superconductor Corporation, an energy technology company out of Massachusetts. The group allegedly received more than $554,000 in illicit profits. The SEC alleges in its complaint that Eric McPhail on numerous occasions gave his golfing friends non-public information regarding American Superconductor. McPhail received the information himself from a close friend at the country club who was an executive at American Superconductor. McPhail’s source informed him of American…
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    South Florida Criminal Attorneys Blog

  • Boynton Beach Man Beats Prior Manslaughter Charge Walks Free Again

    Michael B. Cohen, P.A.
    8 Jul 2014 | 1:06 pm
    David Muringer appears to live a charmed life. The Boynton Beach man was acquitted last month of misdemeanor battery and felony false imprisonment charges just short of a year and a half after he virtually walked away from manslaughter charges that could have cost him fifteen years in prison. In this latest case against him his girlfriend, Robin Green, 26, told police that Muringer began to strangle her after the two of them had an argument and she tried to leave his apartment. She was able to get away from him and called 911. In this new case if convicted of both charges he would have faced…
  • Deported Gay Honduran Man Fights to Return to the US to Gain Asylum

    Michael B. Cohen, P.A.
    1 Jul 2014 | 1:19 pm
    Italo Morales had lived in Hollywood, Florida for nearly ten years after he fled his native Honduras in 2005. Morales, now 27 years old is gay. He left Honduras nearly ten years ago, following his partner who also bolted from the country due to the violence against the small gay community that survives there on a daily basis. As a country, Honduras can boast to being the murder capital of the world. The homicide rate is an alarmingly high ratio of almost one individual per every one thousand annually; earning this reprehensible label and nearly doubling its closest rival in this tragic…
  • Owner/Operator of South Florida Home Health Firm Pleads Guilty to Paying Health Care Kickbacks

    Michael B. Cohen, P.A.
    24 Jun 2014 | 11:27 am
    Nestor’s Health Services, Inc. is now non-operational. This seems to be the story with most articles I’ve featured on my blog dealing with Health Care Fraud that’s taken place in the South Florida area over the past year. The word “defunct” seems to come up a lot. With this latest article, the total amount of money I’ve reported which has been reimbursed by Medicare for fraudulent billing is fast approaching the $100 million dollar mark. But in all fairness, one of the stories posted here involved a reimbursement of $33 million by itself. So when Cruz Sonia…
  • South Miami Man Sentence to 20 Years for DUI Vehicular Homicide

    Michael B. Cohen, P.A.
    15 Jun 2014 | 8:16 am
    A Coral Gables man who worked as a physical therapy assistant was sentenced to twenty years in prison after a week-long trial when a jury found him guilty of all three charges against him. His blood alcohol level was more than triple the legal limit when his car crashed into a 2002 Chrysler Town and Country minivan killing a thirteen year old girl as well as injuring her father and sister. According to police, Kaely Camacho, 13, was killed when Sandor Guillen’s 2010 Range Rover slammed into the minivan she occupied while he was speeding southbound at more than 80 miles per hour near the…
  • Former Miami Dolphin Cecil Collins Freed After More Than a Decade in Prison

    Michael B. Cohen, P.A.
    25 May 2014 | 11:53 am
    After a scare back in January when the Louisiana Supreme Court gave clearance for prosecutors to again give it their best shot to try to encourage a Louisiana state judge to revoke his probation, former Miami Dolphin Cecil “The Diesel” Collins finally won his freedom. Collins had already served over thirteen years in prison after being convicted for a felony burglary charge that took place in Davie Florida on March 27, 2001 at the Palm Trace Landings apartment complex where he also lived. Collins pleaded guilty to breaking into the apartment of Ronald and Tina Nolte, a married…
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    Darlingtons Solicitors

  • Complex Commercial Fraud: Tracing and Following: Pens, Rulers, and Motorbikes

    David Rosen
    17 Jul 2014 | 3:48 pm
    D Rosen  I read recently, a fascinating chapter of ‘Commercial Fraud in Civil Practice’ by McGrath QC, 2014, relating to Tracing. Let me start by saying I am a firm believer that a proprietary claim, leads to proprietary relief, in the absence of any clarity that it arises from a claim of unjust enrichment.  Tracing is effectively the act of seeking and locating monies or monies worth for evidential purposes.  There used to be a common misconception that you referred to a tracing claim, or a tracing injunction. That is a colloquial referral, and not technically correct.  Tracing is…
  • How to avoid a breach of contract situation

    Ben Jones
    30 Jun 2014 | 3:23 pm
    Ben Jones – Partner & head of employment law It is important to have an agreement / contract in place to ensure all parties are aware of their obligations under the agreement but also to legislate for what happens if one party breaches the agreement. Get the right contract and act consistently Before considering remedies, it’s important to reflect on the topic generally. Whilst it is impossible to prevent the other party to a contract from breaching it, we see all too often that clients do not learn from mistakes and/or don’t understand how to minimise the chances of a…
  • Divorce – business assets entitlement and dividing assets

    30 Jun 2014 | 8:12 am
    Sorting out financial entitlements on divorce can be complex and contentious especially where one spouse has business assets or there is a family business. Entitlement to business assets The difficulty often arises because the spouse that owns business assets will be well informed that the non-owning spouse will be able to make a claim on those assets, potentially up to 50%. In many cases, the business owning spouse, especially where there is a valuable business, will attempt to move the assets out of his or her name into a corporate structure or may be less than forthcoming as to what the…
  • Lies on employee cv – what to do

    30 Jun 2014 | 7:52 am
    Ben Jones – Partner & head of employment law Inaccurate or deliberately false career history and academic qualifications are problem employers underestimate at their peril. The figures on this are disturbing and quite staggering since, with research indicating that over half of CVs contain lies or inaccuracies which can range from gaps in employment history to false claims regarding qualifications and failure to mention fraud committed against previous employers. In addition to potential competence and general trust issues, as the old saying goes “past performance is the best…
  • Growing your business – private investment advantages and pitfalls

    David Swede
    30 Jun 2014 | 7:28 am
    For businesses requiring additional finance, venture capital (also known as private equity finance) may be an attractive option. It may be that you have sought but can’t obtain bank finance, perhaps you are looking for experienced investors in a specialist business, you may be looking to push through a Management Buy Out (MBO) or Management Buy In (MBI). One of the attractions of seeking non-bank investment is potential speed, especially with the advent and increasing popularity of crowdsourcing. Preparing to seek external investment in your business To impress potential investors you…
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    Maritime Lawyer Blog

  • Fishing Vessel Elohim Capsized in Port Valdez

    17 Jul 2014 | 2:09 pm
    COAST GUARD RESPONDS TO CAPSIZED VESSEL IN PORT VALDEZ, ALASKA VALDEZ, Alaska - The Coast Guard responded to SOS calls from a 45-foot fishing vessel capsized in Port Valdez, Friday. On Friday, July 4th, the Coast Guard Sector Anchorage received reports that the seine fishing vessel Elohim capsized while transiting Port Valdez with four seamen on board. The Elohim is a fiberglass fishing vessel that was built in Tacoma, Washington in 1990 by Sunnfjord Boats Incorporated. The fishing vessel Infinite Grace recovered all four crewmembers and delivered them to the Valdez Small Boat Harbor. No…
  • Passenger From Royal Caribbean Cruise Seeks Redress for Slip-and-Fall Injuries

    27 Jun 2014 | 5:49 pm
    The Port of Seattle, Washington is home to many cruise ship docks. Passengers board these large vessels expecting to relax and be pampered. Even when guests and crew members exercise caution while working or on vacation, accidents happen. A recent report described a 63-year old woman's unfortunate accident on a Royal Caribbean International cruise. In her suit, the woman claims she fell over a piece of temporary decking and injured her leg and suffered bruising and swelling. The woman has filed suit under maritime law seeking damages for her injuries and possibly her inability to work. It is…
  • State Supreme Court Reviews Whether DUI Injuries Could be Litigated under Federal Admiralty Law

    23 Jun 2014 | 7:09 pm
    Washington prosecutes those who operate vessels under the influence, with Boating Under the Influence (BUI) laws that are very similar to the DUI statutes. Just as someone can seek civil remedies for injuries caused by a DUI accident, an injured person may pursue recovery for the injuries that resulted from a BUI accident. Some injury accidents clearly invoke federal maritime jurisdiction, but questions of whether or not jurisdiction exists regularly arise and can be seen in several United States Supreme Court decisions. A recent state Supreme Court case out of Texas relied upon the U.S.
  • Are Unearned Wages and Maintenance Payable Beyond Maximum Cure?

    12 Jun 2014 | 10:42 am
    Maintenance and cure (including unearned wages) is payable only to the point of maximum cure. Farrell v. United States, 336 U.S. 511 (1949) That's black-letter law, right? Maybe not. In Warren v. United States, 1949 A.M.C. 170, 75 F.Supp. 836 (D. Mass. 1948), the injured seaman was held to be entitled to maintenance and unearned wages past the point of maximum cure -- possibly for as long as the voyage lasted -- while the seaman looked for alternate employment. The obligation [maintenance and cure and wages] may run beyond the time the seaman is physically well and until he can get suitable…
  • Recent Maritime Decision Addresses Whether Overworked Seamen Can Recover Under the Jones Act

    10 Jun 2014 | 10:01 am
    Much attention has been drawn to the recent truck accident involving several comedians. The truck driver claimed that he had been awake for over 24 hours for his job. Due to the media attention surrounding the fatal and catastrophic accident, much attention has been given to the trucking industry and the regulations that govern drivers. But what if you're a seaman in the state of Washington? A recent Federal Court of Appeals admiralty law decision discussed whether a seaman could recover under the Jones Act after he injured himself as a result of an erratic sleep schedule and working long…
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    Iowa Workers' Compensation Lawyer Blog

  • Handling Referrals of Iowa Work Comp Cases

    8 Jul 2014 | 4:07 pm
    Our law firm accepts work injury case referrals from lawyers who do not regularly handle Iowa worker's compensation claims. In the referral cases the clients pay the same one third contingent fee that we use in non-referral cases. We have added a new section to our website that discusses how the referral of work comp claims work. You can see the new section here.
  • Back and Neck Injuries in Iowa Work Comp Cases

    13 Jun 2014 | 3:15 pm
    A large part of my practice involves back and neck claims. Injuries to the back or neck frequently have a serious negative impact on a worker's ability to continue to do their job. We have added a new section to our website that discusses many issues that come up in litigation involving back or neck claims, including: 1. Types of back and neck injuries. 2. Causes of back and neck injuries. 3. Liability and causation disputes. 4. The factors that should be analyzed to determine the amount of money an injured work should receive. 5. Calculating the amount of compensation that should be paid. 6.
  • Medical Care Benefits in Iowa Workers' Compensation Cases

    8 May 2014 | 1:50 pm
    Under Iowa law a worker who is injured on the job is entitled to receive lifetime medical care for the work injury. The Iowa work comp system has an alternate medical care procedure to deal with many of the disputes that can develop over the medical care benefits. Iowa workers' comp law also allows both the insurance company and the injured worker the opportunity to obtain medical examinations to address disputes over causation and the severity of an injury. We have added a new section to our website that explains all of these medical care issues. You can find this new section here.
  • Iowa Work Comp Law on Aggravation of Pre-Existing Conditions

    13 Feb 2014 | 2:09 pm
    Today I am going to talk about the case of Plumrose USA and Zurich Ins. Co. v. Robert Hathaway which was issued by the Iowa Court of Appeals on January 23, 2014. One of the big issues in the case was whether Mr. Hathaway was entitled to workers' compensation benefits for a serious right knee injury in light of his long history of pre-existing knee problems. The Court of Appeals summarized the Iowa work comp law on aggravation of pre-existing condition as follows: "While a Claimant is not entitled to compensation for the results of a preexisting injury or disease, its mere existence at the…
  • Shoulder Injuries in Iowa Work Comp Cases

    16 Jan 2014 | 3:39 pm
    The human shoulder has a tremendous range of motion that allows us to perform a wide variety of activities. However, the shoulder is a very complex joint that can be hurt on the job from a wide variety of causes. Shoulder injuries are classified as unscheduled injuries and are therefore compensated based on the effect of the injury on a worker's loss of future potential earning capacity. We have added a new section to our website that talks about liability and payment for damages for shoulder injuries under Iowa workers' compensation law. You can see this new section here.
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    Personal Injury Lawyer Blog


    28 Jul 2014 | 6:00 am
    Between 1980 and 2010, the prevalence of diagnosed diabetes in the United States has nearly quadrupled. As a result, illegally sold products promising to prevent, treat or even cure diabetes flood the market at unprecedented rates. At best, these products may provide little or no relief for Americans with diabetes. At worst, they may be dangerous to consumers. The Food and Drug Administration warns that the products may contain harmful or undeclared ingredients, or may be otherwise unsafe. The products may be marketed as over-the-counter, when they should be marketed as prescriptions. In some…

    26 Jul 2014 | 4:04 pm
    Colored or decorative contact lenses provide teens and young adults a novel and unique opportunity to change up their look. But the a joint campaign by the Food and Drug Administration (FDA), American Optometric Association (AOA) and the Entertainment Industries Council (EIC) warns that these contacts may cause serious eye damage, if not fitted by a licensed optometrist or ophthalmologist. The collaboration wants to inform consumers--mostly teens and young adults--how to safely obtain and use decorative contact lenses and to warn them of the dangers associated with inappropriate use. Chief…

    25 Jul 2014 | 3:15 pm
    Lasers are undeniably cool. Anyone who has seen Luke Skywalker battle Darth Vader with a lightsaber knows that. In real life, these highly-concentrated light beams are used in medicine, weaponry, technology and even toys. But according to the U.S. Food and Drug administration, lasers in toys may be just as dangerous as they are entertaining. Laser toys, even at low strength, can cause severe eye injuries and even blindness. Laser injuries usually do not hurt--in fact, it is not unusual that these injuries go unnoticed, worsening over time as vision deteriorates. Dan Hewett, health promotion…

    24 Jul 2014 | 10:14 am
    The government agency for Occupational Health and Safety Authorities (OSHA) administered 16 citations and proposed penalties of $101,300 to United Airlines on Tuesday. OSHA investigations reveal repeated violations at the airline's Newark Airport terminal. A January 2014 inspection performed by the U.S. Department of Labor revealed that workers faced "electrical hazards, falls, and being struck by objects and equipment daily". According to Kris Hoffman, director of OSHA's Parsippany Area Office, food service employees, baggage handlers and gate agents were at risk because the airline failed…

    21 Jul 2014 | 3:39 pm
    Storage problems may have reduced the effectiveness of 5,000 vaccines given to Connecticut patients. More than 3,800 patients who received the vaccinations may have to be revaccinated. According to officials with the Hartford HealthCare Medical Group, the doses may have been stored at the wrong temperature due to mechanical problems with refrigerators or due to human error. The group reports that no other Hartford HealthCare Medical Group locations have had temperature-control issues. In a news release, the group admits that the vaccines were not stored at the manufacture's recommended…
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  • Will President Obama Execute His Authority to Help the Immigrant Children?

    23 Jul 2014 | 2:00 pm
    Immigration topics frequently captivate the national media as the country continues to wait anxiously for the House of Representatives to pass any sort of comprehensive immigration legislation. In the nearly two years that have elapsed since the Senate passed its own immigration bill, Congress has not come any closer to making immigration reform a reality. While the topic of reform typically dominates the national discussion on this issue, a new development has occurred recently that is now taking the media spotlight and creating a fervor of national discussion and debate. This new…
  • Immigrant Advocacy Groups Sue U.S. for Failure to Provide Lawyers to Unauthorized Minor Immigrant Children

    23 Jul 2014 | 1:37 pm
    This week, the immigration-related topic that has captivated the national media concerns the great influx of foreign national children who are coming by themselves to the U.S. from Mexico and Central American countries, including El Salvador and Guatemala. The President has found himself in a political and practical bind as he tries to convince Congress to authorize an emergency grant of over $3 million to be used to address this increase in border crossings. Apart from the practical logistics of coping with the more than 50,000 unaccompanied and minor children who are now in the U.S., the…
  • Federal Court Says Arizona Cannot Prevent DACA Beneficiaries from Obtaining Drivers Licenses

    23 Jul 2014 | 1:31 pm
    As our readers are no doubt aware, in June 2012 the Obama Administration enacted a federal program called Deferred Action for Childhood Arrivals (commonly referred to as DACA). DACA allows certain foreign nationals who were brought to the U.S. as children and who remain in the country without immigration authorization to benefit from the deferral of their deportation proceedings and to receive employment authorization. Seemingly in response to the enactment of DACA, Arizona state officials enacted their own policy, which prevented DACA beneficiaries from receiving Arizona driver's licenses.
  • Undocumented Foreign National Children Caught in Immigration Red Tape

    2 Jul 2014 | 2:50 pm
    The topic of immigration is once again captivating the national media this week, but this time the story is much sadder than previous news coverage. Since the beginning of the fiscal year, border patrol agents have apprehended more than 52,000 undocumented foreign national children who were not accompanied by their parents or legal guardians. Now, in order to discourage future border crossings and contain this increasing influx of unaccompanied and undocumented foreign national children, in a somewhat surprising move President Obama asked Congress to authorize him to deport these children…
  • Federal Judge Strikes Down Most Provisions of Montana's Immigration Law

    2 Jul 2014 | 2:45 pm
    In 2012, approximately 80% of Montana voters voted for a state law called Legislative Referendum No. 121 (or LR-121) that would require state government officials to perform extensive immigration status background checks on any individual who applies for services provided by the state. The services ranged from applying for government jobs to professional or trade licenses, crime victim assistance, unemployment benefits, and others. LR 121 The purpose of the Montana law was to establish a mechanism to deny government positions and state-provided assistance to foreign nationals who are residing…
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    Palo Alto Estate Planning Blog

  • Summer Time Is Here: Estate Planning on the Run

    Liza Hanks
    11 Jul 2014 | 5:34 pm
    Inevitably, in the summer months, I get phone calls from people who are about to take a trip somewhere, often within just a few days. Sometimes they have a Will or a trust that’s out of date; sometimes they have no estate planning documents at all; sometimes they have just finished getting divorced and are in a panic because they haven’t gotten around to updating their Will or trust. Much as I try to help everyone who calls, sometimes (often) there’s just not enough time to update their documents before that plane takes off or the road trip starts. What to do? Although none…
  • What Not to Leave Behind: Massive Piles of Paper

    Liza Hanks
    9 Jul 2014 | 5:01 pm
    Recently, a client of mine described having to go through about 30 years of their father’s financial records after he had passed away. Needless to say, that’s not an easy task, especially when you’re not entirely sure what to look for, what to keep, and what to throw away. And, here’s the real point: most of us save more paper records than we need.  One really nice legacy NOT to leave behind are massive piles of redundant, out of date financial records. Here’s a list of what to keep and how long to keep it.  Do your children a favor — throw away the…
  • Building Up Your Own Credit Score After Your Spouse Dies

    Liza Hanks
    30 May 2014 | 6:37 pm
    Losing your spouse is hard enough. But some surviving spouses also discover that they lose their ability to get credit  as well.  This is because they have no independent credit history since all of the couple’s credit cards and loans were in the name of the deceased spouse. For many women, in particular, this can be a shocking discovery. But if a woman did not work outside the home, never had a credit card in her own name, and has no record of an independent income, she runs the risk of having her credit cards cancelled after the death of her spouse, or loans denied, even if…
  • Veteran’s Life Insurance

    Liza Hanks
    23 May 2014 | 4:30 pm
    On Monday we celebrate Memorial Day, and that seems like a perfect occasion to write about something that many people may not know about until their loved one dies: life insurance policies that date back to World War II or the Korean War. Did you know that the U.S. government issued over 22 million life insurance policies to service members between 1940 and 1951? These policies were for $10,000 and were either permanent or renewable. Today, according to the US Department of Veterans Affairs, there are over 950,000 of these policies still in force, and the average age of the policyholders…
  • Naming Young Kids as Beneficiaries (Don’t)

    Liza Hanks
    22 May 2014 | 10:40 am
    One of the things that I love about my job is helping people with real-world, actual, legal issues. And one that comes up often is parents, or grandparents, asking me how to name their young children, or grandchildren, as beneficiaries for their retirement accounts, life insurance, or payable on death accounts. Here’s the short answer: Don’t. At least don’t name your minor child/grandchild directly. If you name a minor child directly as the beneficiary for an asset that’s worth more than $5,000, that child will not be able to inherit it without some form of adult…
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    Atlanta Overtime Lawyers Blog

  • Court Of Appeals Finds Delivery Drivers Are Employees Not Independent Contractors

    20 Jul 2014 | 10:38 am
    Last month, a Court of Appeals ruled that delivery drivers were employees not independent contractors and therefore, the drivers were entitled to overtime. The case involved a Georgia company called Affinity Logistics Corporation which contracted with Sears to provide home delivery services for various home furnishing retailers. The drivers were responsible for loading furniture and appliance deliveries, unloading deliveries, and installing the deliveries. To determine whether the drivers were independent contractors or employees, the Court of Appeals stated that "the right to control work…
  • Can Restaurants Require Servers And Bartenders To Pay For Customer Walk-Outs?

    18 Jul 2014 | 9:22 am
    The Fair Labor Standards Act ("FLSA") permits restaurants and other employers of tipped employees to receive a "tip credit" when compensating their tipped employees. The FLSA permits the employer to pay its tipped employees $2.13 per hour plus tips as long as those tips cause the employee to make at least minimum wage per hour. Under the FLSA, "the employer is required to satisfy the following two statutory prerequisites in order to utilize the 'tip credit' allowance: (1) the employer must inform the employee of the provisions in Section 203(m) of the FLSA; and (2) all tips received by an…
  • Court of Appeals Holds Police Officers Are Entitled Overtime Where Their Salary Minus Annunities / Pension Payments Falls Below $455 Per Week

    8 Jul 2014 | 6:07 pm
    Last month, a United States Court of Appeals ruled that police officers whose salaries minus annunities fell below $455 per week were entitled overtime under the federal wage statute called the Fair Labor Standards Act ("FLSA"). Typically, the first question when determining whether salaried employees are entitled to overtime is whether their job duties are exempt typically under the executive, administrative or professional capacity. In this case, the police officers were not arguing about their job duties. Instead, they were arguing a different provision of the FLSA. For salaried employees,…
  • What Type Of Jobs Are Exempt From Overtime Under FLSA's Computer Employee Exemption?

    1 Jul 2014 | 4:50 pm
    Generally, employees are entitled to overtime pay for all hours over 40 in a given work week. However, the Fair Labor Standards Act ("FLSA") allows certain employees to be exempt from overtime pay including an exemption for some computer professionals. The exemption, however, only applies to computer systems analysts, computer programmers, software engineers, and other similar workers who meet the job duties test and who are paid at least $455 per week in salary or at least $27.63 per hour for hourly employees. Unfortunately, many employers incorrectly classify employees who work with…
  • Employees Who Attend Training Classes May Be Entitled To Pay

    18 Jun 2014 | 10:00 am
    The rules on worker's pay are located in the Fair Labor Standards Act (FLSA). The FLSA states that hourly workers must receive at least minimum wage per hour and at least time and a half for all hours over 40 in a week. The FLSA also requires non-exempt salaried employees to receive their salary plus additional pay for all overtime hours each week. To determine how much an employee should be paid, you need to know how many hours an employee worked each week and this can become tricky. In order to determine the number of hours an employee worked, the Department of Labor (DOL) says that the…
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    Florida Tax Lawyer Blog

  • SCOTUS Decides to Hear CSX - But Why?

    21 Jul 2014 | 2:07 pm
    Each year, the Supreme Court punts on dozens of cases. Included in the dozens of cases which the court elects not to hear each year are sales tax cases. They are uninteresting to the majority of the population and just not the type of cases the justices want to hear. In fact, despite having a significant affect in most multi-state businesses, the Supreme Court has not heard a sales tax nexus case since Quill in 1992. If there was ever a case to hear, it was Amazon and Orbitz versus New York. At issue was the two large online retailers versus the mighty state of New York. To the dismay of many…

    10 Jul 2014 | 9:58 pm
    It is hard to believe we are more than halfway through 2014. What is not surprising is that states continue to battle with online companies, such as Amazon, as to whether it should be required to collect and remit sales tax. States continue with aggressive tactics and continue to look to distribution centers, affiliates, or even hard drives as a hook to establish nexus, which would require the company to collect and remit tax in that state. In 1992, the Supreme Court of the United States heard a case called Quill v. North Dakota. In announcing the supreme law of the land, the Supreme Court…
  • Masterworks on Loan - Love of Art or Sales Tax Savings?

    1 Jul 2014 | 3:16 pm
    Museums are often able to keep their collections diverse because of the wealthy art collectors that are willing to loan their pieces to them. On the surface, this seems like a very honorable act, but what many don't know is there is a hefty tax incentive for these collectors. There is an increasing amount of art collectors that are employing this sales and use tax savings tactic when purchasing expensive art. As brought to the forefront in a recent NY Times article, they are using clever legal planning to get around paying a substantial sales (or use) tax bill on a multi-million dollar piece…
  • States Turn to Technology to Narrow Tax Gap by Targeting Small Business

    19 Jun 2014 | 4:29 pm
    Each year, the IRS and states alike, estimate the difference between taxes owed and taxes collected. This difference, known as the "tax gap," has been steadily growing at both the federal and state level over the past several years. For example, the IRS estimates that the federal "tax gap" is about $385 billion. While it sounds like a large number, the IRS is able to boast about an 86% compliance rate. On the state side, similar problems exists. For instance, large states, such as California have a "tax gap" of about $10 billion. In response, the states are launching large and expensive…
  • Global Distributor Expands Micjo Decision

    3 Jun 2014 | 4:53 pm
    In 2012, an important case in favor of tobacco distributors was decided by a Florida appellate court. Technical tax issues aside, Micjo taught us that if a taxpayer does not agree with a department's tax decision, then it should fight for its money that is not due. Since the Micjo ruling, many other tobacco distributors have been filing refunds and fighting tax assessments based on the appellate case. After filing several Micjo refund cases, we discovered another pro-tobacco distributor case was decided in Oregon that could take Micjo a step further. Logically, the case should apply to…
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    New Jersey CPA Tax Lawyer Blog

  • Statute's Strict Requirements Doom Sales Representative's Vehicle Expense Deduction

    3 Jul 2014 | 3:08 pm
    Many people maintain jobs that require them to travel for work, and many of those employers do not compensate their workers for those expenses. Taxpayers in this situation should take heed to a recent ruling by the US Tax Court, which sided with the Internal Revenue Service in disallowing a taxpayer's $20,000 vehicle expense deduction. Even though the taxpayer used the standard mileage rate, and had records showing the miles he had driven, the Tax Code required more detailed information that the taxpayer did not keep. Mr. Garza's tax troubles related to certain expense deduction claims he…
  • Lack of Proof that Expenses Were Customary, Helpful to Law Practice Scuttles Business Expense Deduction

    20 Jun 2014 | 10:37 am
    An attorney's attempt to claim that he racked up more than $400,000 in ordinary and necessary expenses in operating a solo law practice failed with the Internal Revenue Service and also did not persuade the US Tax Court. Although the taxpayer had receipts and credit card statements showing how he incurred his claimed expenses, the taxpayer could not explain how most of the expenditures were customary or beneficial to his law firm, leaving the court to uphold an IRS decision disallowing roughly 80% of the expenses the taxpayer claimed. In 2007, Richard Canatella was the sole proprietor of a…
  • Taxpayer, IRS Battle Regarding Whether Gift Was a Valid Charitable Contribution or Impermissible Sham

    6 Jun 2014 | 7:56 pm
    A short-lived partnership's attempt to claim a $33 million deduction for the donation of stock to a university hit a snag when the Internal Revenue Service declared the whole thing a sham and sought to disqualify the donation from eligibility for the charitable donation deduction. Despite the taxpayer's arguments to the contrary, the US Tax Court concluded that a transaction's economic substance, or lack thereof, did bear upon a charitable donation's qualification for the deduction. A little more than two years after forming it, RERI Holdings I's partners dissolved the entity. During its…
  • Father's Proof of Extensive Involvement in Son's Life Leads Tax Court to Award Child Tax Deductions to Him

    16 May 2014 | 10:47 am
    A recent US Tax Court decision served as a reminder that, with a large enough volume of relevant evidence, any taxpayer can overcome an erroneous assessment of deficiencies and penalties imposed by the Internal Revenue Service. In the case, a father successfully challenged a disallowance of his claimed tax credits and exemptions related his son. Although an earlier agreement between the parents indicated that the child's mother was to be his primary physical custodian, the evidence the father presented was sufficient to show that he held an instrumental role in the boy's life during the tax…
  • Records, Third-Party Testimony Prove Taxpayer Devoted Enough Hours to Horse Breeding Business to Deduct Losses

    2 May 2014 | 10:08 am
    An attorney and horse breeder won a significant victory in the US Tax Court recently, as the court decided that the taxpayer had enough credible evidence about his horse business-related work to establish that he had worked more than 500 hours trying to breed his horse. As a result, the taxpayer met the standard for material participation and was not blocked by the passive from deducting his horse business-related losses. Stefan Tolin likely did not imagine the extensive tax battles he'd eventually face when first began breeding his retired race horse, "Choosing Choice," in 2000. Because…
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    The Hernandez Law Firm

  • NJ Laws Regarding Drugged Driving

    22 Jul 2014 | 5:35 am
    NJ is one the 21 states that has legalized the medicinal use of marijuana.  The laws regarding marijuana are changing throughout the country, but it is still illegal to drive while intoxicated by marijuana, prescription drugs, and other controlled substances.  The penalties for driving under the influence of drugs are the same in NJ as the penalties for driving while intoxicated by alcohol.  A first time offender will be sentenced to a driver’s license revocation for three month, possible jail time, and fines of up to $500.  Additionally, the person will face increased insurance rates,…
  • Penalties for DWI with a Minor

    15 Jul 2014 | 1:22 am
    Tragically, most children killed as a result of a DWI accident are NOT in the car hit by a drunk driver. As many as 65% of the dead child victims are actually in the car riding with the perpetrator.  Unfortunately, this type of child endangerment has been a national trend. In Chicago, earlier this month, a Dad was arrested for driving while intoxicated with his three sons in the back of the SUV. Tragically, his four-year old died immediately after Shannard Dyer crashed into the concrete median wall on Interstate 355.  At about 2 am, the over speeding Dodge Journey struck a concrete median…
  • Prom Night – Underage DWI in NJ

    7 Jul 2014 | 1:40 am
    Prom parties and High School graduation season is approaching.  It might not come as a surprise to learn that  DWI laws for teens are far more stringent than adult DWI penalties. Even adults can be held liable for lending their car or home to host such parties.  But did you know that in NJ, the near Zero Tolerance Laws mean that drivers under 21 can be charged with DUI for just .01% BAC. Such a trivial amount–only .01% does not even affect many people—forget about impairment. In other states with Zero Tolerance Law, the underage BAC limit is .02% In court, it is up to the state…
  • DWI Checkpoints in Ocean County for Memorial Day Weekend

    23 May 2014 | 8:52 am
    Expect plenty of DUI checkpoints in Ocean County this holiday weekend. The police normally target long weekends when they know people will be out and about so you can expect to see them out in full force. As always we ask you to make wise decisions. If you are stopped at a DWI checkpoint, knowing the laws can protect you against a false arrest.  Here are some tips to protect you: 1. DO NOT answer any questions. You have the Right to Remain Silent. So politely tell the officer you choose to remain silent. 2. DO NOT perform the field sobriety tests. You are not required to do them by law…

    6 Mar 2014 | 12:33 am
    If you were recently arrested for driving while impaired (DWI) — AGAIN — don’t lose hope.  There are many scientific and technical defenses that a good attorney can bring out in your favor. Let’s anaylze the facts: In New Jersey, as in most states,  a driver with a BAC of 0.08% or greater  is considered to be DWI. Now if this is your second offense, you could be faced with the following penalties: FINE: $500.00 to $1,000. JAIL TIME: from 2 days to 90 days LOSS OF DRIVER’S LICENSE AND LICENSE PLATES:  Two Years. NEW JERSEY DMV SURCHARGE: $1,000 per year for…
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    Going Public l Direct Public Offerings l Securities Lawyers

  • Going Public Blog l Securities Lawyer 101

    1 Jan 2101 | 6:23 am
    Going Public Lawyer  Securities Lawyer 101 Blog Going public is a big step for any company.   The process of “going public” is complex and at times precarious. While going public offers many benefits it also comes with risks and quantities of regulations with which issuers must become familiar.  Despite the risks even in a down economy, the U.S. market remains one of... Read MoreGoing Public Lawyer
  • Whistleblowers Gone Wild

    26 Jul 2014 | 2:58 am
    Going Public LawyerNearly everyone believes the Securities and Exchange Commission’s Whistleblower Program is a good idea.  By the agency’s account, a considerable number of fraudulent schemes have been exposed, and devious perpetrators brought to justice thanks to tips sent in by people who believe they possess information that could help stop crime.  Unfortunately, not all tips received are reliable, and not all... Read MoreGoing Public Lawyer
  • Securities Lawyers Gone Wild – Bernard Butts

    25 Jul 2014 | 4:53 am
    Going Public LawyerSecurities Lawyer 101 Blog On July 15, 2014, the Securities and Exchange Commission announced that a federal judge ordered a Miami-based attorney to pay nearly $4 million in a consent judgment of an SEC case against him for orchestrating a prime bank investment scheme. The money will be returned to investors.  Bernard H. Butts Jr. was charged by the SEC in... Read MoreGoing Public Lawyer
  • Frank Speight and International Stock Transfer Charged

    24 Jul 2014 | 4:12 pm
    Going Public LawyerSecurities Lawyer 101 Blog On July 24, 2014, the Securities and Exchange Commission (the”SEC”) and Department of Justice announced charges against Frank-Speight (Cecil Franklin Speight) and his Florida-based transfer agent with defrauding investors by using aggressive boiler room tactics to peddle worthless securities with promises of high returns or discounted prices. The Information charging Speight detailed an elaborate scheme to defraud investors using... Read MoreGoing Public Lawyer
  • Carolyn Winsor Apprehended by U.S. Authorities

    24 Jul 2014 | 12:56 pm
    Going Public LawyerSecurities Lawyer 101 Blog On June 27, 2014, Caroline Winsor, also known as Caroline Meyers and Caroline Danforth was apprehended and is in  custody of the U.S. authorities.  Winsor was indicted with conspiracy, wire fraud, and securities fraud.   In April of 2013, more than a year before her arrest, Winsor was the subject of a detailed forensic report by, which contained allegations... Read MoreGoing Public Lawyer
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    Employment News

  • Is Flirting Sexual Harassment?

    21 Jul 2014 | 9:28 am
    Victims of sexual harassment usually don’t need to be told when the line was crossed. Flirting is not unusual in the workplace but can become harassing behavior when it develops into behavior that is unwelcome, has a negative impact on an employee’s performance or creates a hostile work environment.  When workplace banter shifts to sexual harassment, victims may feel bullied, abused and pressured by fellow employees or a supervisor.Read more about Is Flirting Sexual Harassment?
  • Wanta Quoted in Minnesota Lawyer

    3 Jul 2014 | 9:49 am
    Employment law attorney Shawn Wanta was quoted in a June 19t, 2014 Minnesota Lawyer article, “Wage and hour battles on the rise.” The article discusses the rise in the number wage and hour claims being brought forward under state laws and the Fair Labor Standards Act over the past decade. These claims deal with the alleged theft of employee wages through forcing employees to work off the clock, shaving time off of time cards, not paying overtime, and denying mandated breaks.Read more about Wanta Quoted in Minnesota Lawyer
  • MHRA Amended with Right to Jury Trial

    30 Jun 2014 | 9:28 am
    Earlier this year, Governor Dayton signed Senate File 2322 into law, an amendment to the Minnesota Human Rights Act, ensuring that victims of discrimination or retaliation are entitled to a jury by their peers. The bill provides that victims of discrimination in employment, housing, education or other areas, will have the right to a jury trial in cases brought in state court beginning in August of 2014.Read more about MHRA Amended with Right to Jury Trial
  • Federal Judge Approves Seasonal Harvester Class Action

    18 Jun 2014 | 8:33 am
    Immigrants and temporary workers are often silent about certain employment abuses, lost wages, and other violations in fear of facing retaliation or losing their position. Temporary agencies and employers suspected of hiring immigrants and foreign nationals are continually under scrutiny because of the employment and human rights abuses, especially in certain industries, including farming.Read more about Federal Judge Approves Seasonal Harvester Class Action
  • Women’s Economic Security Act Now the Law in Minnesota

    29 May 2014 | 11:28 am
    In another Minnesota legislative victory, Governor Dayton signed the Women’s Economic Security Act into law. While some of the changes went into effect May 11, 2014, the rest of the law will become effective on August 1, 2014. WESA offers a broad stroke of legislative improvements towards economic progress for women, including a number of changes to Minnesota employment laws.Read more about Women’s Economic Security Act Now the Law in Minnesota
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    Dallas Justice » Criminal Law Blog

  • Dallas County Commissioner John Wiley Price Indictment – Full Text of Federal Grand Jury Indictment July 2014

    Michael Lowe
    26 Jul 2014 | 9:46 am
    John Wiley Price’s Indictment was unsealed yesterday.  For the convenience of anyone wishing to read the 100+ page federal grand jury indictment of the Dallas County Commissioner, we’ve uploaded it as a pdf file for your convenience. Federal Grand Jury Indictment of Dallas County Commissioner John Wiley Price – Full Text Dallas County Commissioner John Wiley Price was arrested by agents of the Federal Bureau of Investigation and charged on 13 different federal counts involving corruption, including an allegation that Commissioner Price took bribes in an estimated amount of…
  • July 18, 2014 USSC Amendments to the Federal Sentencing Guidelines – Full Text

    Michael Lowe
    23 Jul 2014 | 1:40 pm
    The July 19, 2014, amendments to the Federal Sentencing Guidelines adopted and approved by the United States Sentencing Commission (Retroactive Reduction) have been placed in the Michael Lowe Digital Library for your convenience.     The post July 18, 2014 USSC Amendments to the Federal Sentencing Guidelines – Full Text appeared first on Dallas Justice.
  • Get Your Federal Drug Sentence Reduced: New Retroactive Reduction of Federal Sentences

    Michael Lowe
    23 Jul 2014 | 1:32 pm
    Last week, people serving time behind bars for federal drug crimes got some great news.  The agency in charge of federal sentencing changed its policy.  Now, thousands of prisoners will be able to get an early release from federal prisons around the country. People who are already serving time on federal drug convictions may be able to get their sentences reduced. This is wonderful news for many federal prisoners as well as their family and friends.  It’s also going to serve practical needs of the overburdened federal prison system. Why is this happening? The Federal Bureau of…
  • Drug Free Zones in Texas: Serious Issue for Defendants Arrested for Drug Crimes

    Michael Lowe
    16 Jul 2014 | 2:37 am
    If you have to be arrested for drug possession in Texas, then try and make sure you’re not busted in a designated “Drug Free Zone.” Why? If you are caught with illegal drugs by law enforcement in a Drug Free Zone, then you’re going to be facing more serious and severe sentencing and more time behind bars than if you were arrested just down the street or even a few yards down the road from the Drug Free Zone. University of Texas – Dallas Campus is a Drug Free Zone.   What is a Drug Free Zone? Drug Free Zones are areas specifically designed under either federal statute or…

    Michael Lowe
    10 Jul 2014 | 4:05 pm
    Texas Criminal Defense Lawyer’s Top 10 List of Mistakes Made in Sexual Assault and Indecency With a Child Cases 1. Can You Get Probation? This may seem like an obvious question but it’s not. It seems like every legislative session our representatives pass a law taking probation or community supervision off the table on more and more cases. In this paper I will focus solely on sex related crimes. However, Texas law greatly restricts who can get probation or community supervision in general. Of course, you need to review article 42.12 of the Texas Code of Criminal Procedure. Easier said…
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    South Florida Personal Injury Lawyers Blog

  • Florida Federal Court Discusses Constructive Notice in Premises Liability Case: Feliciano v. Target Corp.

    Friedman, Rodman & Frank, P.A.
    15 Jul 2014 | 12:01 pm
    In Feliciano v. Target Corp., a woman was allegedly injured when she slipped and fell on a clear liquid while visiting an Estero department store. According to the woman, she failed to notice the notebook-sized pool of liquid on the floor because she was looking ahead, and it was obscured by her shopping cart. In addition, the woman claimed that there was no indication that anyone had noticed or stepped in the liquid prior to her fall. After the woman was injured, a store employee apparently took her statement regarding the incident and then cleaned up the spilled liquid. About six months…
  • Florida Appeals Court Refuses to Order Neurological Exam Absent Good Cause in Negligence Case: Gray v. Richbell

    Friedman, Rodman & Frank, P.A.
    11 Jul 2014 | 12:00 pm
    In Gray v. Richbell, a woman was killed when her automobile was rear-ended by another car as she passed a tractor-trailer.  The force of the impact apparently caused the woman to lose control of her vehicle and drive into oncoming traffic, where she collided head-on with a truck. Following the fatal motor vehicle accident, the woman’s parents filed a negligence lawsuit against the driver of the truck. According to the woman’s family, the driver negligently failed to avoid the deadly crash. In their complaint, the woman’s parents also claimed that the driver’s age and health…
  • Florida Appeals Court Affirms Workers’ Compensation Benefits for Sheriff’s Deputy Injured in a Semi-Truck Crash While Commuting: Levy County Sheriff’s Office v. Allen

    Friedman, Rodman & Frank, P.A.
    9 Jul 2014 | 7:44 am
    Florida’s First District Court of Appeal has affirmed an order granting workers’ compensation benefits to a sheriff’s deputy who was hurt on his way to work. In Levy County Sheriff’s Office v. Allen, a deputy employed by the Levy County Sheriff’s Office for more than 41 years was traveling to work in his personal vehicle when he came upon a stalled semi-truck that was partially blocking one lane of a highway during the early morning hours. Due to the purported unsafe condition, the deputy stated he decided to stop and direct traffic around the big rig despite that he was…
  • Federal Court in Tampa Remands Bad Faith Auto Insurance Case Back to Pinellas County Court

    Friedman, Rodman & Frank, P.A.
    2 Jul 2014 | 12:23 pm
    The United States District Court for the Middle District of Florida in Tampa has remanded a personal injury and bad faith automobile insurance case back to state court. In Hall v. State Farm Mutual Automobile Insurance Co., a woman filed a lawsuit in Pinellas County Circuit Court against her automobile insurance company following a collision with an uninsured motorist. In her complaint, the woman asked the court to award her at least $15,000 in damages related to personal injuries she sustained in the traffic wreck. She also accused her motor vehicle insurer of bad faith. After the woman’s…
  • Limits on Expert Examination at Issue in Unique South Florida Auto Crash Case: Goicochea v. Lopez

    Friedman, Rodman & Frank, P.A.
    26 Jun 2014 | 8:53 am
    In Goicochea v. Lopez, a South Florida woman sued several motorists for injuries she allegedly incurred during three separate motor vehicle collisions that took place between July 2007 and January 2009. According to the woman, the combined lawsuit was necessary because her injuries were so related that it was impossible to reliably apportion damages from each crash. A defendant driver from the second accident asked the purportedly injured woman to submit to examination by a particular doctor of his choosing, pursuant to Florida Rule of Civil Procedure 1.360(a)(1)(A). Later, defendants from…
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    Massachusetts Social Security Disability Lawyers Blog

  • Employers Dropping Long-Term Disability Insurance

    28 Jul 2014 | 6:44 am
    Our Boston disability lawyers understand that many people need SSDI with costs of private insurance going up every billing period. According to a recent article in the Portland Herald Press, employers are starting to phase out benefits, including long-term disability insurance. Many people do not realize the importance of having long-term disability coverage. This type of disability insurance, as its name implies, will provide benefits on a long-term basis for people whose disability makes it difficult or impossible to work in the same or similar job that they had before becoming disabled. To…
  • SSDI Cases: On Duration and the Recent Work Test

    23 Jul 2014 | 6:53 am
    Our Boston disability lawyers understand that your work history may have as much of an effect on your level of benefits as your disability. A recent article in the Aiken Standard looks at what the author describes as a "draconian" definition of what it means to be disabled for the purposes of qualifying for Social Security Disability Insurance (SSDI) benefits. SSDI benefits are only available to a disabled person whose condition makes it impossible to perform the tasks required of his or her occupation. While that seems reasonable, the definition goes on to state that the disabled…
  • SSA to Educate the Public about What it Means to be Disabled

    18 Jul 2014 | 6:37 am
    Our Boston disability lawyers know that the benefits appeals process can be a difficult and confusing process for claimants who do not have representation. A recent article from the Wisconsin Rapids Tribune discusses ongoing efforts by the United States Social Security Administration (SSA) to educate the public about disability insurance. The SSA is the federal governmental agency responsible for the administration of the nation's social security program. A new SSA campaign defines what means to have a disability under federal regulations. These are vastly different from private insurance…
  • Funding Road Construction on the Backs of the Disabled

    15 Jul 2014 | 10:27 pm
    The Highway Transportation fund is broke because gas taxes have not been raised since 1993 -- and cars today are more fuel-efficient and use less gas. Rather than raise the gas tax, some lawmakers want to take money away from the disabled. The proposal is just one more way in which the Social Security Disability benefits program is under attack and the disabled are at risk. Those who cannot work due to medical problems deserve to receive benefits to support themselves and their families. A Boston disability lawyer should be consulted to provide help for those applying for benefits or for…
  • Social Security Vision for the Future a Cause for Concern in Massachusetts

    13 Jul 2014 | 10:24 pm
    Social Security Disability benefits are difficult to get for applicants and as our Boston disability lawyersrecently wrote, there is serious budget shortfall that could result in a significant benefits reduction if Congress does not act. While most people are aware of these challenges, however, the Huffington Post has recently reported on "dramatic changes" that "threaten to end Social Security as we know it" that almost no one has heard of. The Huffington Post was talking about Vision 2025, which is a long-range plan that the head of the Social Security Administration has drafted. The plan…
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    Austin Immigration Lawyer Blog

  • What You May Not Know About Immigration Checkpoints in the US

    23 Jul 2014 | 1:39 pm
    The US Border Patrol is considered one of the most important elements of America's national security infrastructure. But the Border Patrol doesn't operate the same in all of its many locations around the country. Agents who are stationed at airports and other locations along the southern border of the United States have a bit of a different modus operandi than those at other locations. This was evidenced during a recent incident involving Pulitzer Prize winner and immigration activist Jose Antonio Vargas when the former journalist was detained at an airport in south Texas following…
  • Unaccompanied Children Migrating to the US from Central America in Record Numbers

    21 Jul 2014 | 1:19 pm
    Over the past few years there has been an unprecedented influx of Central American children crossing the US-Mexico border and coming into the United States unaccompanied by an adult. Immigration attorneys all over the country are being inundated with calls requesting counsel for children who have made it into the US but have done so either alone or with other underage individuals. The problem of children crossing the border illegally and without adult accompaniment has grown significantly as of late but political concern is not just for the children once they arrive in the country but has…
  • Ban on Migrant Driver's Licenses Overruled by Court

    16 Jul 2014 | 4:14 am
    The governor of Arizona's order to deny driver's licenses to undocumented immigrants who have obtained work permits via President Obama's deferred-action program was blocked this week by the 9th District Circuit Court of Appeals. The decision was a tremendous boon for immigration advocates who have argued that Arizona's unequal treatment has harmed young immigrants. Many in the state of Arizona believe that the decision is politically charged and even the governor, Jan Brewer, made it clear without directly stating a political bias, that the panel of judges who had rendered the decision had…
  • Department of Justice to Address Influx of Migrants Crossing US/Mexico Border

    14 Jul 2014 | 4:04 am
    There has long been a consistent stream of migrants crossing the border from Mexico into the United States illegally and it has long been a serious point of contention both in American politics and in relations between the United States and the rest of the world. But the problem has reached epidemic proportions over the past several years as there has been an almost overwhelming increase in the number of migrants crossing the border and politicians have been under extraordinary pressure to do something about it. To that effect, last week the Justice Department made an announcement that it…
  • Obama Under Even More Pressure to Act on Immigration

    9 Jul 2014 | 11:56 am
    Americans are becoming more impatient with each passing day regarding the number of foreign nationals who have been attempting to cross over the US-Mexican border and enter the United States illegally and President Obama is feeling the heat. Advocates for immigration reform are demanding that Obama act immediately on not only addressing the issue of the exploding numbers of people coming into the country illegally but on definitively putting a stop to it. The President declared this week that he would bypass Congressional approval and take action himself in order to make changes to the…
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    Immigration and Visa Lawyers Blog


    1 Jul 2014 | 3:10 pm
    In the Rose Garden yesterday, President Obama reiterated his commitment to immigration reform and reproached House Republicans for their unwillingness to confront this important issue. Speaking a year ago to the month when the Senate passed an immigration reform bill, the President outlined what Republican obstruction has meant over the past year: • We have fewer resources to strengthen our borders; • Businesses can still game the system by hiring undocumented workers -- which punishes businesses that are playing by the rules and hurting the wages of hard-working Americans; • The best…

    29 May 2014 | 5:04 pm
    Douglas T. Stump, President of the American Immigration Lawyers Association (AILA) responded to news reports that President Obama has delayed the completion of the Department of Homeland Security's (DHS) review of deportation policy until August: "If House Republicans were waiting for an invitation to get immigration reform done, they just received an engraved one. With Obama's announcement, the White House is giving even more time for Congress to act long after many thought that window should be slammed shut and executive action be taken. "To me, this delay of administrative action is the…

    23 May 2014 | 7:45 pm
    While Congress continues to stall the passage of comprehensive immigration reform, several immigration groups, including the New York Legal Assistance Group (NYLAG), strongly support Obama administration and its initiative that can bring relief to deserving immigrants and benefit the nation as a whole. NYLAG believes that one of the more prudent and expedient measures available to the administration would be to broadly expand an initiative called "parole in place" (PIP). By doing so, as many as one million undocumented immigrants would be able to secure green cards and become more productive…

    19 May 2014 | 11:37 am
    ACLU reported on Friday, that in a victory to immigration detainees, United States District Court Judge for the Northern District of California, Yvonne Gonzalez Rogers granted a motion for a preliminary injunction and motion for class certification in Preap v. Holder in a class action lawsuit, where Asian Americans Advancing Justice - Asian Law Caucus and the American Civil Liberties Union of Northern California, with lead counsel Keker Van Nest, LLP, challenged the federal government's practice in California of detaining certain immigrants without bond, often for many months, while they face…

    10 Feb 2014 | 12:42 pm
    Tomorrow at 10:00 a.m., the Immigration and Border Security Subcommittee will hold a hearing on fraud in the asylum system and the Obama Administration's contribution to this problem by its refusal to enforce our immigration laws. The House Judiciary Committee recently obtained a report from the Department of Homeland Security (DHS) that shows there has been proven or possible fraud in at least 70% of cases. Additionally, a separate DHS report shows that the Obama Administration is abusing current law by not detaining certain individuals seeking asylum. Tomorrow, the Subcommittee will hear…
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    Health Care Law Blog

  • Healthcare Whistleblower Claims Based on Self-Referral Arrangements

    17 Jul 2014 | 12:23 pm
    Two federal laws regulate referrals and financial arrangements between healthcare providers and facilities - Stark Law and the Anti-Kickback Statute.1 These laws have recently been at the center of important healthcare whistleblower fraud cases. While both serve the same essential purpose - to eliminate improper financial incentives that interfere with independent medical judgment and good patient care - they do so in slightly different ways and contexts. Stark Law (also known as the "Ethics in Patient Referrals Act") prohibits physician referrals of specified or "designated health services"…
  • Negotiating Professional Liability Insurance Protection in Physician Employment Agreements

    10 Jul 2014 | 9:31 am
    In our practice as an Atlanta and Augusta health care law firm, we see varying options regarding professional liability insurance coverage made to physicians in their employment agreements. All doctors apprehend in general that there are financial risks associated with potential malpractice claims. While the need to obtain liability insurance is obvious, the right coverage for particular circumstances and how coverage works can be less obvious. Understanding the type of professional liability coverage proposed in a physician employment agreement and how the coverage mechanics work is an…
  • HIPAA's Teeth

    1 Jul 2014 | 12:26 pm
    Although most health care providers understand in the abstract that they must comply with The Health Insurance Portability and Accountability Act of 1996 (HIPAA), many may not fully appreciate the legal and financial significance of noncompliance. More and more, the federal government utilizes HIPAA enforcement options to protect the public interest in security, including the following strong incentives for HIPAA compliance. HIPAA Civil Penalties Caps on penalties for HIPAA violations by covered entities were increased in 2009 by the enactment of the HITECH Act. Covered entity civil penalties…
  • Physician Servicing and Consulting Agreements and Transparency

    21 Jun 2014 | 7:33 am
    Medical device companies, pharmaceutical companies or other health care related companies or vendors often seek consulting or personal services from doctors. Physicians should be cautious in such arrangements to avoid legal issues under federal law. Where fair market value compensation is paid for such services, there may be no issue under, for example, the federal Anti-Kickback Statute (AKS). However, arrangements that involve excessive compensation can lead to legal problems and reporting issues. Physician personal service arrangements may fall within the AKS safe harbor found in 42 C.F.R.
  • Five Keys to Negotiate and Properly Memorialize Physician Employment Agreements

    8 Jun 2014 | 12:03 pm
    The trend in the United States toward physician employment by hospital systems, large medical practices, and other health care employers is continuing. Physicians should not make the mistake of failing to negotiate fair terms and good language in their physician employment agreements. Atlanta Physician Employment Agreement Law Firm The excitement of a new career opportunity may cause some physicians to forget that for the employer, the employment of doctors is business and nothing more. Employers invest considerable financial resources and take on significant business risks by employing…
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    Pleasanton Business & Commercial Law Blog

  • Liability for Cybersecurity Breaches Still Uncertain for Many Businesses

    30 Jun 2014 | 1:14 pm
    Many businesses routinely make use of customers' personally identifiable information (PII), such as names, dates of birth, addresses, and credit card numbers. Now that nearly all business financial activities are computerized and networked, cybersecurity is a major concern. In addition to the risk that a breach by hackers will compromise a company's own sensitive information, theft of customers' PII could result in liability to affected customers. Courts around the country have reached different conclusions regarding this issue. The Ninth Circuit Court of Appeals has held that the risks…
  • Shareholder in S Corporation Must Pay Tax Despite Exclusion from Management

    16 Jun 2014 | 3:35 pm
    The minority shareholder in an S corporation argued that he was not liable for federal tax on the corporation's income because the majority shareholder had shut him out of management, and the corporation had not paid him any salary or distributions. The Internal Revenue Service (IRS) found him liable for the tax and assessed a penalty. He appealed to the United States Tax Court, which rejected his argument that he was not the beneficial owner of the shares and therefore not responsible for the tax. Kumar v. Commissioner of Internal Revenue, T.C. Memo 2013-184. Small businesses, especially…
  • California-Based Space Transport Company Sues U.S. Government Over Anticompetitive Contract Bidding Process

    30 May 2014 | 11:17 am
    Space Exploration Technologies Corp., commonly known as SpaceX, filed a bid protest in the Court of Federal Claims accusing the U.S. government of anticompetitive practices in its procedures for awarding launch contracts. Space Exploration Technologies Corp. v. United States, et al, No. 1:14-cv-00354, am. complaint (C.F.C., May 19, 2014). SpaceX alleges that the United States Air Force (USAF) has granted a monopoly on national security satellite launches to United Launch Alliance (ULA), a joint venture of Boeing and Lockheed Martin. It claims that this practice is unlawful and…
  • Typeface Designer's Lawsuit against Former Business Partner Raises Questions of Business Formation, Intellectual Property Rights

    15 May 2014 | 12:18 pm
    A lawsuit pitting two of the world's most famous typeface designers against each other has brought a great deal of attention to an often obscure area of design. Choosing the right typeface has been an important part of marketing one's business for about as long as printing has existed. Thanks to the internet and advances in digital technology, popular typefaces may generate millions of dollars in licensing fees. The parties in Frere-Jones v. Hoefler, No. 650139/2014, complaint (NY Sup. Ct., NY Co., Jan. 16, 2014), are considered superstars among typeface designers. The plaintiff is seeking…
  • Merger of Hospital and Physician Group Barred by State and Federal Antitrust Law

    30 Apr 2014 | 1:24 pm
    A federal court ruled in late January 2014 that the acquisition of a physician group by a large hospital system violated § 7 of the Clayton Antitrust Act, 15 U.S.C. § 18, as it left the hospital in control of a substantial majority of the physicians in a relatively small market. Two lawsuits, Saint Alphonsus Medical Center, et al v. St. Luke's Health System, Ltd., No. 1:12-cv-00560, and Federal Trade Commission, et al v. St. Luke's Health System, Ltd. et al, No. 1:13-cv-00116, were combined in the U.S. District Court for the District of Idaho. The case is reportedly the first…
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    Spencers Solicitors Blog

  • Surgery in the sun, what are the risks?

    Spencers Solicitors
    10 Jul 2014 | 8:42 am
    Largely due to costs being significantly cheaper compared to the UK, more and more people are choosing to go abroad for surgical procedures. A practice known as medical tourism, it has recently hit the press following several horror stories. With the Daily Mail headlining statistics that more than half of patients end up unhappy with their surgical results, why is this still a popular choice? While undergoing surgery abroad may look appealing, with much cheaper costs and the added bonus of a holiday included, what are the risks and where do you stand legally if things go wrong? Are people…
  • Paralysed person 'to walk' at the Brazil World Cup

    Spencers Solicitors
    12 Jun 2014 | 1:01 am
    As the mother of a son whose main aim in life is to score the winning goal in any football tournament, I can only begin to imagine how the family of a paralysed child would feel if their son or daughter were to be given the chance to take the first kick at this years World Cup. While this may sound like a fantasy, over the last few months a crack team of scientists led by Brazilian doctor Miguel Nicolelis have been working on achieving exactly this. At the World Cup opening ceremony in Sao Paulo and with the world watching, a paraplegic will leave behind their wheelchair and take to the pitch…
  • Ashgate Hospice vs. Spencers Solicitors Charity Match 2014

    Spencers Solicitors
    30 May 2014 | 3:32 am
    Teams from Spencers Solicitors and Ashgate Hospice took part in a charity football match last Saturday to raise funds for the Chesterfield based hospice. Ashgate Hospice is an independent charity that provides specialist palliative care (care to relieve pain rather than cure) at its Hospice and in the wider community for adults throughout North Derbyshire. The Ashgate Hospice football team was made up of hospice staff, volunteers and their families. Match highlights The match kicked off at 10AM on 24th May at the Proact Stadium, the home of Chesterfield FC, and supporters from both Spencers…
  • Spencers Solicitors supports Brake the Road Safety Charity

    Spencers Solicitors
    19 May 2014 | 1:30 am
    Spencers Solicitors are pleased to announce becoming a corporate supporter of Brake, the road safety charity. Brake is a UK based road safety charity that aims to prevent the needless deaths and serious injuries that occur on our roads every day. Brake promotes road safety awareness, safe road use and effective road safety policies through national campaigns, community education and by coordinating Road Safety Week, the UK’s flagship road safety event. Road Safety Week, which takes place each November, is the UK's biggest road safety event involving thousands of schools, organisations…
  • Supporting Ashgate Hospice Bring a Pound Day

    Spencers Solicitors
    2 May 2014 | 9:15 am
    On Friday 2nd May Spencers Solicitors took part in Ashgate Hospice's Bring a Pound Day, a fundraising event where everyone is encouraged to donate £1 the charity. Ashgate Hospice are a Chesterfield based charity that provides specialist palliative care at their facilities in Old Brampton and within the wider community. On the day local radio station Peak FM were out and about with Ashgate volunteers across North East Derbyshire visiting participating businesses, shops, schools and communities, collecting pounds and making a real difference.  As well as collecting a pound from…
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    White Plains Personal Injury Lawyer Blog


    22 Jul 2014 | 9:35 am
    New York State legislators are being lobbied by consumer groups, trial attorneys, construction groups and insurance companies. The battle is over §240 of the Law Labor which can impose absolute ability on contractors and property owners of multifamily homes and commercial buildings. The law does not apply to one and two family property owners. In an article in the Westchester County Business Journal on May 12, 2014, entitled "No letting go: Business embraces Scaffold Law reform", the New York construction and business groups continue their fight to repeal or amend New York's Scaffold Law.

    14 Jul 2014 | 1:41 pm
    We have been following the real estate market the last 3 months. Many articles have been written, some contradicting each other. In the April 23, 2014 article in USA Today for the Journal News, reported that the housing market continued to sputter because of adverse weather, low supplies of houses and higher costs. In March, 2014, existing home sales declined .2% to an annual rate of 4.59 million, the lowest rate since July, 2012. The article points out that a brutal winter continued to play a role in weak sales. The March statistics reflected closing on purchase agreements sign in January &…

    10 Jul 2014 | 8:39 am
    This is the third blog on small planes and helicopters. As early as 1960, pilots and NTSB investigators reported Cessna pilot seats were sliding backward on rails designed to grip them. When pins that hold seats popped out of the rails, the seats slid so far back that pilots cannot reach the controls. Pilot seats slid to a full rear position on bounced landings. This was discovered by NTSB in 1966. In 1969, an Alaska crash of a Cessna plane occurred when the pilot's seat did not lock before takeoff and slid back. Cessna, in 1975, urged owners of its military models to replace worn parts.

    30 Jun 2014 | 2:01 pm
    Continuing on the subject of aircraft accidents, in 2013, there were 1199 general aviation crashes, more than three crashes per day on average killing 347 people, injuring 571 people and destroying 12 aircrafts. The article in the Journal News of Wednesday, June 18, 2014, found that the airline crash rate has plummeted to 0. The general aviation rate (small aircrafts crashes) from 15 years ago are roughly 40 times higher than for airlines. The place where people are getting killed is general aviation according to the National Safety Council. The crashes have killed tens of thousands of…

    24 Jun 2014 | 10:39 am
    In the Journal News USA Today section on June 18, 2014, an analysis of small air craft and helicopter crashes are caused by defective parts. 44,407 people have been killed in private plane or helicopter crashes. Hidden defects have caused 50 years of crashes. Just 15% of small aircraft crashes are investigated thoroughly. Tens of thousands of small planes and helicopters lack modern safety gear. The article points out that an 8 year old was supposed to go on a quick sightseeing tour over Eastern Iowa in her uncle's four seat Piper Cherokee. The plane took off from Scott Municipal Airport. The…
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    Pinellas County Florida Criminal Lawyer Blog

  • Prisoner Gets Second Chance to Seek Credit for Time Served Out of County and Out of State

    Pawuk & Pawuk, P.A.
    10 Jul 2014 | 10:28 am
    A man convicted and sentenced in Pinellas County but who also served time out-of-county and out-of-state received a renewed chance to obtain credit for that time served. The Second District Court of Appeal revived the prisoner’s motion for credit, ruling that due to a three-year gap between the man’s previous and partially successful appeal and his resentencing, he did not file his motion too late. The request stemmed from Michael Gisi’s sentence on several sexually-based crimes related to his relationship with a 13-year-old St. Petersburg girl, with whom he had sex several…
  • Florida Man Gets New Trial Due to Wrongfully Admitted Gun Evidence

    Pawuk & Pawuk, P.A.
    25 Jun 2014 | 8:47 am
    Florida law regarding the admission of evidence relating to firearms is very clear. To be admissible at trial, the state must adequately tie the evidence regarding the gun(s) to the crime for which the accused is on trial. Since the prosecution did not establish that proper connection in Christopher Tolbert’s cocaine trafficking trial, the court should not have allowed the prosecution to use the gun police recovered from the man’s home as evidence. Since the trial court did admit that firearm into evidence in Tolbert’s case, the man was entitled to a new trial, the Second…
  • Appeals Court Rules Man Mentally Incompetent, Voids Guilty Plea

    Pawuk & Pawuk, P.A.
    13 Jun 2014 | 6:47 am
    A trial court decided to discount a criminal defendant’s odd behavior at his plea hearing and go forward with accepting the man’s guilty plea and issuing the man’s sentence. This was erroneous and required the invalidation of the man’s plea, the Second District Court of Appeal recently ruled. The evidence in the case showed that the man was mentally incompetent when he made his plea and, since Florida law does not permit incompetent people to stand trial or enter pleas, the plea was not considered voluntary, leaving the man free to withdraw it. The appeal stemmed from…
  • Violating Probation in Florida

    Pawuk & Pawuk, P.A.
    9 Jun 2014 | 11:28 am
    Florida’s standard conditions of supervision for probation require that a criminal defendant report to a probation officer every month. They also require that the defendant on probation not violate any laws, use intoxicants excessively, or use non-prescribed drugs or narcotics. In a recent case, a defendant who had pled guilty to robbery allegedly violated his probation. One month after the defendant had started probation, he was stopped by a police officer while driving. The officer smelled marijuana. Another officer though the defendant was impaired and asked him to take field…
  • Your Outstanding Florida Warrant and Its Potential Impact on You

    Pawuk & Pawuk, P.A.
    9 Jun 2014 | 11:28 am
    It may seem like little more than a distant memory that you’ve nearly forgotten, but if you have an old outstanding warrant out against you, rest assured the authorities are still well aware of it. Due to the potential impact an outstanding warrant and extradition can have upon your life, if you think you have a warrant against you, you should start by consulting an experienced legal professional about resolving your warrant. Warrants and extradition can create an abrupt and disastrous change in your life. A warrant may issue against you for a variety of reasons. If you’re placed…
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    Oakland Employment Lawyer Blog

  • Jury Awards $18 Million to San Francisco Giants Fan after Beating

    Liberty Law
    24 Jul 2014 | 11:17 am
    A San Francisco man who was brutally beaten outside the Dodgers stadium was awarded almost $18 million in damages. The attack occurred on opening day in 2011. Bryan Stow, who was a Giants fan from Santa Cruz and the father of two young children, attended the game to cheer on the Giants against the Dodgers. Stow and his friends were taunted throughout the game. When they left the stadium, they had to walk across a dimly lit parking lot and were attacked from behind by the two Dodgers fans who were taunting him throughout the game. Stow was knocked to the ground and was kicked in the head…
  • San Francisco Cashier Reaches Settlement with Walgreen’s after Improper Termination

    Liberty Law
    21 Jul 2014 | 11:15 am
    A diabetic San Francisco woman who worked at Walgreen’s was fired after she ate a bag of chips without paying for them. She claims she ate the chips to stop a low blood sugar attack. The woman sued Walgreen’s for disability discrimination, and Walgreen’s has agreed to settle the claims for $180,000. The incident occurred in 2008 when an 18 year old Walgreen’s cashier suffered a hypoglycemic attack while she was restocking items in a store. She grabbed a $1.39 bag of potato chips from the store’s shelf in order to stabilize her condition. She says that when she went to pay for the…
  • California Chicken Company Facing Federal Investigation Related to Tainted Food

    Liberty Law
    17 Jul 2014 | 4:42 am
    Two members of Congress are pushing agriculture regulators to close Foster Farms poultry plants until a salmonella outbreak has been contained. Foster Farms, which is a California based chicken poultry company, has been under fire from the public as well as regulators over its sales of chicken that contained salmonella. Since March of 2013, chicken distributed by Foster Farms has been linked to a particular strain of salmonella called Salmonella Heidelberg. Salmonella Heidelberg has sickened at least 621 people in 29 states. However, because most cases of salmonella go unreported, it’s…
  • U.S. Supreme Court Will Decide Pregnancy Discrimination Case

    Liberty Law
    14 Jul 2014 | 4:40 am
    The United States Supreme Court recently announced that it will hear a case involving pregnancy discrimination at work. A female driver for UPS became pregnant in 2006. She was told by her doctor not to lift objects weighing more than 20 pounds for the first half of her pregnancy, and not more than 10 pounds afterwards. According to the woman, she told UPS about the issue and asked for a different job assignment, since her current job involved lifting heavy packages. UPS told her that the union contract made light-duty job assignments available only to workers with job-related injuries, those…
  • GM Announces New Recalls Affecting Millions of Vehicles

    Liberty Law
    11 Jul 2014 | 6:19 am
    GM is facing massive legal and financial problems stemming from serious safety issues with its vehicles. Already this year, it has recalled over 20 million vehicles because of safety issues. This week, the company announced that it would recall another 8.4 million cars and trucks for a range of safety defects, which brings the total to over 29 million vehicles worldwide. These recalls not only are extremely expensive for the company, but also are damaging to GM’s image. You have probably heard stories in the news about GM’s recall earlier this year of 2.5 million cars in the U.S. The…
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    Texas Criminal Lawyer Blog

  • Marijuana No More Dangerous than Alcohol

    11 Jul 2014 | 12:57 pm
    President Obama thinks marijuana is no more dangerous than alcohol and is less dangerous in terms of its impact on consumers. In a January 2014 interview with the New Yorker, the president compared marijuana to other vices such as alcohol and cigarettes, stating "As has been well documented, I smoked pot as a kid, and I view it as a bad habit and a vice, not very different from the cigarettes that I smoked as a young person up through a big chunk of my adult life. I don't think it is more dangerous than alcohol." While the president doesn't find the use of marijuana alarming, he is very…
  • Group Dedicated to Fighting Adolescent Drug Ase Finds Majority Support Marijuana Decriminalization

    19 Jun 2014 | 12:10 pm
    A recent report by the Partnership at Drug Free, formerly known as the Partnership for a Drug Free America, found a solid majority of those polled by the organization itself, 52 percent, favor marijuana decriminalization and a vast majority, 70 percent, favor medical marijuana. The Partnership interviewed 1,603 adults. The majority of these adults (1,200) are parents of children who are between 10 and 19 years old. The report found 72 percent of mothers and 67 percent of fathers support medical marijuana. One may be surprised that an organization focused on combating teenage drug use is…
  • Problematic Partnership between NSA and Intelligence Agencies violating Constitutional Protections

    12 Jun 2014 | 11:54 am
    An investigation by Reuters revealed that a secretive unit of the Drug Enforcement Administration (DEA) is using information gathered by Intelligence Agencies to facilitate criminal investigations of US residents. The information gathered by intelligence agencies, including the NSA, CIA, and Department of Homeland Security, are supposed to be used for national security and counter-terrorism purposes. Instead, the DEA unit is using intelligence information to go after individuals who are not connected to terrorism. This DEA unit, named the Special Operations Division (SOD) was created in 1994…
  • What Happens to Illegal Substances that are Seized by the State?

    5 Jun 2014 | 11:53 am
    In Texas, Marijuana is an illegal substance that is subject to forfeiture by the state. While this may be of no surprise, you may not be familiar with the forfeiture process and how it works. The government has different modes and methods of dealing with controlled substances. Some of these processes do not even require a court order, they occur automatically due to statutory regulation. This article discusses and describes the process the government implements after it seizes controlled substances, such as marijuana. Let's look at a hypothetical traffic stop situation. A driver gets pulled…
  • Marijuana Business Set to be America's Next Great Industry and a Far Cry from Big Tobacco

    29 May 2014 | 11:50 am
    There is no question that the major tobacco industries for a time were grossly irresponsible in their promotions and commercial sales of tobacco products. Tobacco industries misled the public on the harmful effects of tobacco use, marketed the product to adolescents, and even persuaded physicians into endorsing cigarettes as medicine. A concern of many individuals regarding the legalization of marijuana is that the marijuana industry will become another incarnation of the tobacco industry, bringing with it more corporate greed rather than public good. As major investors, such as a former…
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    Sonoma County Criminal Lawyer Blog

  • Northern California Man Charged for Starting Wildfire While Growing Marijuana

    18 Jul 2014 | 10:38 am
    Earlier this month, a 27-year-old man was charged with marijuana cultivation and with recklessly starting a fire in northern California. According to a report by the Guardian, the man's farm in Shasta County caught fire when the exhaust from his truck sparked some dry grass, igniting the entire field. Evidently, the fire has reached a size of up to 3,000 acres and has required the assistance of over 1,000 emergency firefighters. As of Sunday, July 13, the blaze was only 10% under control. Currently the fire is threatening 15 homes and dozens of other structures. Many residents were forced to…
  • Cannabis Cup Comes to Santa Rosa Fairgrounds

    10 Jul 2014 | 7:21 pm
    Just last week, High Times Magazine hosted its annual "Cannabis Cup" at the Santa Rosa fairgrounds. The event, which one report claimed brought in over 5,000 people, was a two-day event celebrating all things cannabis. From cannabis ice cream and other baked goods to hash oil and high-end new strains of marijuana, the Cannabis Cup brought together marijuana enthusiasts from all over the state. Those with medical marijuana cards were able to sample the hash oils and new strains in various tents around the fairgrounds. Some vendors who attended the Cup told reporters that the California…
  • San Jose Man Arrested for Marijuana Possession, Caught with a Weapon

    18 Jun 2014 | 4:07 pm
    Earlier this week in Sonoma County, a San Jose man was arrested for possession of 16 pounds of marijuana when a police officer pulled him over for speeding. According to a report by the San Jose Mercury News, the man was traveling south on U.S. 101 when he was clocked at going 83 miles per hour. When the officer approached the man's vehicle, he noticed that the passenger cabin smelled of marijuana. The officer confronted the man, who explained that he did indeed have three pounds of marijuana in the bed of the truck. Upon searching the truck bed, the officer discovered a 45-gallon bin with 16…
  • District Attorney to Seek Death Penalty in Marijuana-Related Triple Homicide

    10 Jun 2014 | 2:52 pm
    Last year, a Colorado man was arrested and charged with murder in Sonoma County for three killings that allegedly occurred during a drug deal gone bad. According to a report by the local KTVU, the defendant allegedly arranged to buy a large quantity of marijuana from one of the victims. The other two victims were purported business partners of the defendant, who met him in Sonoma County for the purpose of effectuating a large scale marijuana transaction. Evidently, the defendant in this case shot the three victims while they were packaging the marijuana for in one of the victim's mother's…
  • Sonoma Police Find Illegal Grow Operation When Executing a Warrant for an Aggravated Assault

    2 May 2014 | 5:24 am
    Earlier last month, police stumbled across an illegal marijuana grow operation while executing a warrant that was issued after an aggravated assault occurred in a nearby bar. According to a report by CBS, six men attacked two bar patrons with a broken beer bottle and a knife. One of the victims escaped with minimal injuries. However, the other victim suffered fairly severe injuries. When the police began investigating the case, they came across two men's names and secured an arrest warrant for the men. Upon executing the arrest warrant at one of the men's homes, the officer found an illegal…
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    Tampa Bay Injury Attorney Blog

  • Tampa, Florida 4-Year-Old Killed by Uncle’s Pit Bulls

    Whittel & Melton, LLC
    21 Jul 2014 | 4:53 pm
    A 4-year-old boy was mauled Saturday night by two pit bulls that had been crated at his uncle’s house in Riverview. Authorities are still trying to determine how the attack occurred. According to the Hillsborough County Sheriff’s Office, two deputies were conducting a traffic stop near the home when they heard a child’s screams. They ran to the scene and found the child in the front yard with the pit bulls standing over home. The child was pronounced dead at the scene around 10:30 p.m. Investigators claim that the boy and his mother had walked from their home to their aunt…
  • Contractor Dies in Slip and Fall Accident at TECO Power Plant

    Whittel & Melton, LLC
    16 Jul 2014 | 7:27 am
    A Tampa contractor died Monday after officials believe he slipped and fell while working at a TECO power plant in Tampa. Reports indicate that the 31-year-old was dismantling an old unit at the Bayside TECO power plant when he slipped and fell through a grate located on the catwalk. According to officials, the man fell about 50 feet to the ground. The Hillsborough County Fire Rescue pronounced the man dead at the scene. The Mulberry contractor was apparently working for Southeastern Construction and Maintenance Company at the time of the accident. No further details regarding the accident…
  • Tampa Bay Traumatic Brain Injury Lawyer :: Possible Link Between Brain Injury and Dementia

    Whittel & Melton, LLC
    8 Jul 2014 | 10:23 am
    A new report shows a possible connection between traumatic brain injuries and dementia. According to an article by US News and World Report, veterans who have suffered a traumatic brain injury are more likely to develop dementia later in life. The study reports that former soldiers are 60 times more likely to develop dementia earlier in life than their counterparts who have never been diagnosed with any brain injury. The study examined 190,000 veterans, who were all around 68-years-old and dementia-free. According to the report, 1,299 of these vets had at some point received a traumatic…
  • Tampa Bay Injury Lawyer :: Fourth of July Fireworks Safety Tips

    Whittel & Melton, LLC
    30 Jun 2014 | 1:34 pm
    According to the United States Consumer Product Safety Commission, 11,400 fireworks injuries were treated in hospital emergency rooms during the month surrounding July 4th last year. A good amount of these injuries were reportedly from people misusing fireworks. The most common injuries happened from lighting fireworks too close to someone, lighting fireworks incorrectly and playing with lit or used fireworks. Fireworks normally undergo arduous testing before they are sold to the American public, according to the National Council on Fireworks Safety. However, this does not mean that…
  • Polk County Pedestrian Injury Lawyer :: Auburndale Man Hit, Killed by Polk Sheriff’s Patrol Car

    Whittel & Melton, LLC
    23 Jun 2014 | 3:25 pm
    A 56-year-old man was killed early Friday morning in Auburndale after he was struck by a Polk County Sheriff’s patrol car, deputies said. The crash occurred at 6 a.m. at the intersection of 42nd Street and Havendale Boulevard. According to investigators, a 21-year-old deputy had just completed his shift and was driving home in the eastbound lanes of Havendale Boulevard in his patrol car. As he approached the intersection of 42nd Street, the 56-year-old man apparently stepped into the path of his patrol car. The man died at the scene from his injuries. Investigators claim that the…
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    Minneapolis Personal Injury Law Blog

  • Minnesota physician talks about brain injury treatment

    On behalf of Rischmiller & Knippel LLP
    25 Jul 2014 | 11:56 am
    Years ago, concussions received very little attention in the news. However, awareness of the dangers of brain injury in general has increased dramatically. Today, it is not uncommon to hear the term "concussion" used when discussing just about any type of sport. In fact, in 2011, Minnesota passed a law requiring an athlete engaged in a to be removed from the playing field whenever a concussion is suspected. That law and the greater exposure to information on brain injuries have helped to reduce the stigma associated with brain trauma in our state. However, a doctor who works in Alina…
  • Minnesota to pay to settle prison medical malpractice case

    On behalf of Rischmiller & Knippel LLP
    18 Jul 2014 | 1:09 pm
    A state inmate is set to receive $130,000 as part of a settlement stemming from 2012 incident which has left one side of his body permanently paralyzed. The payment, which will be made by the Minnesota Department of Corrections, is the latest in a string of similar incidents stretching back all way to 2011. A lawsuit filed by the inmate's attorneys claimed that the DOC's practice of contracting out medical services for its prisoners to for-profit health care providers has led to a system in which inmate health care is rationed. The lawsuit claimed that the 32-year-old plaintiff was examined…
  • $25.3 million awarded in medical malpractice case

    On behalf of Rischmiller & Knippel LLP
    17 Jul 2014 | 11:19 pm
    In the neighboring state of Wisconsin, a woman went to the hospital complaining of severe abdominal pain. She also had a fever and was experiencing a rapid heartbeat. After spending close to nine hours there, she was released with instructions to contact her gynecologist in the morning. She was told the pain was due to fibroid issues. This was only the beginning of her and her family’s nightmare. After going home from the hospital, she later collapsed at home. The woman was suffering from a Strep A infection. She had to be treated then for septic shock. Damage to her vascular system…
  • Minnesota mom's death may have been caused by a texting driver

    On behalf of Rischmiller & Knippel LLP
    11 Jul 2014 | 6:32 am
    The Minnesota State Patrol says that texting while driving may have led to the death of the mother of two young girls on June 30. According to law enforcement, the woman was taking a bike ride with her daughters, who are 1 and 4 years old, when they were struck by a man whose pickup truck drifted off the road and onto the shoulder of Highway 270. The tragic accident occurred near Steen, Minnesota, which is not far from the border with South Dakota. A state patrol spokesman says they have evidence that the 25-year-old pickup driver "was distracted by a cellphone, which contributed to the…
  • Dump truck and car collide near Red Wing, Minnesota

    On behalf of Rischmiller & Knippel LLP
    27 Jun 2014 | 2:34 pm
    A dump truck and a car were involved in an accident near Red Wing, Minnesota, that left one person dead. The crash took place in the middle of the afternoon on a Thursday, and it was out on County Road 1, according to the authorities. This is a road that runs through Featherstone Township. Right around two in the afternoon, an emergency call was placed to the Goodhue County Sheriff's Office. The call told officers that a dump truck that was owned by a private construction company had slammed into a car to the south of Red Wing, about a mile outside of the town. The sheriff's office responded…
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    Asset Protection Attorney Wayne Patton » AP Updates

  • College Financial Aid Planning Can Protect Your Assets

    Michael Wayne
    12 Jul 2014 | 8:46 am
    My good friend Sean Moore is a Certified Financial Planner and a person I trust implicitly. We’ve recently been having discussions around the intersection of asset protection planning and college financial aid. In the course of these discussions I’ve learned something interesting: Planning to pay for college goes WAY BEYOND filling out … Read more → The post College Financial Aid Planning Can Protect Your Assets appeared first on Asset Protection Attorney Wayne Patton.
  • Things Just Got Easier In Florida Because of Sargeant

    Michael Wayne
    9 May 2014 | 4:42 pm
    The recent 4th District Court of Appeals decision in the Sargeant v. Al-Saleh case could have an enormous impact on asset protection practices in the State of Florida. The upshot of the case is pretty straightforward. The court simply refused to exert its contempt of court powers to compel the defendant … Read more → The post Things Just Got Easier In Florida Because of Sargeant appeared first on Asset Protection Attorney Wayne Patton.
  • What You Don’t Know About Risk

    Michael Wayne
    9 May 2014 | 12:15 pm
    Asset protection planning is risk management. Plain and simple. It’s my job to handle your lawsuit risk, but I thought you might like to know about other types of risks so you can think about how to hedge. As an aside, I do not believe your bank is about to fail … Read more → The post What You Don’t Know About Risk appeared first on Asset Protection Attorney Wayne Patton.
  • The Credit Crisis

    Michael Wayne
    6 May 2014 | 9:02 am
    Take a moment to revisit the credit crisis. If you keep the lessons fresh in your mind and keep your eyes open, you might just recognize the next bubble-bust cycle. What happened? Banks extended loans to uncreditworthy individuals – NINAs or people with No Income and No Assets – … Read more