Law

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  • What Happens When You Keep Calling 911?

    Legal Juice
    18 Jun 2013 | 10:06 pm
    If you repeatedly call 911, rest assured that the police will come, though probably not for the reason you called. As reported by The New Hampshire Union Leader: Police said the incident began just before 5 p.m. Sunday when Darlene Gladstone, 48, of 10 Harmony Lane called police and asked them to remove her 18-year-old son because she did not want him there anymore. No crime had occurred at the residence to allow officers to remove the teen and they left, police said. "My mistake, sorry?" Not exactly. About 20 minutes later, police say Gladstone called 911 again asking that her son be…

  • Ex-offenders face tens of thousands of legal restrictions, bias and limits on their rights

    ABA Journal Magazine Stories
    ABAJournal.com
    1 Jun 2013 | 3:00 am

  • Book Review: Radley Balko's Rise of the Warrior Cop

    Simple Justice
    SHG
    18 Jun 2013 | 3:42 am
    Reading a book written by a friend is a leap of faith, approached with trepidation. What if it's awful? What if it's not awful, but just not very good? But there is no real option, particularly when it is about a subject of deep concern and fascination for both of us. And so there was never a question when Radley Balko announced his forthcoming book, Rise of the Warrior Cop, The Militarization of America's Police Forces. I would read it. I would review it. I would be as critical of it as I would of any other book, and hope for the best.  Let's get this out of the way up…

  • 4 ‘Musts’ When Considering A Co-Counsel Relationship

    Solo Practice University®
    Mark Bassingthwaighte
    11 Jun 2013 | 5:30 am
    Sometimes co-counsel relationships are formed “on the fly” meaning that there will be no thorough discussion as to who will be responsible for what. This can be disastrous if each attorney assumes the other will meet a critical deadline and as a result a deadline is actually missed. Unfortunately, this situation can get even messier if one of the attorneys is uninsured and heaven forbid the uninsured attorney happens to be the out-of-state attorney who asked you to serve as local counsel. This is just one example of what I have come to call “the mistake of assumed competency.” Here is…

  • D-I-V-O-R-C-E. When the Business Partnership Is Over.

    Solo Practice University®
    Suzanne Meehle
    13 Jun 2013 | 5:00 am
    I have not spoken much about my previous business partnership in this column. I guess that’s because, when I started writing for Solo Practice University, it was pretty fresh and raw. I was still stinging about the end of what in the beginning had promised to be my law career’s happily ever after. And… I missed Alyson. My business partner and my friend, the person with whom I spent every waking minute from June 2009 until December 2010. A business divorce is no different from a marital divorce in most regards. You divvy up the property, sell the stuff that nobody wants to…
 
 
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    LegalTXTS

  • Estate Planning and Cyberspace: Making Sure Data Doesn’t Byte the Dust

    Elijah Yip
    18 Jun 2013 | 8:47 pm
    Ownership of contents of online email account gets called into question after the owner of the account dies — Ajemian v. Yahoo!, Inc., 987 N.E.2d 604 (Mass. Ct. App. May 7, 2013) Who owns the data in an online account after the account owner dies?  It’s a question that’s growing in importance as online email accounts become commonplace and cloud storage services like DropBox and Google Drive gain users.  A Massachusetts court faced that question in Ajemian v. Yahoo!, Inc., but left it unresolved. In Ajemian, an individual (Robert) opened a Yahoo! email account for the primary use…

  • Privacy of Employee Data on Dual-Use Devices

    Elijah Yip
    17 Jun 2013 | 6:34 pm
    Supervisor snoops into former employee’s personal Gmail account after she returns company-issued Blackberry — Lazette v. Kulmatycki, 2013 WL 2455937 (N.D. Ohio June 5, 2013) The line between personal and business use of electronic devices is increasingly getting blurry, especially as more and more workers carry dual-use devices (devices designed for both work and personal use) like smartphones and tablets.   Businesses can benefit from the increases in productivity and morale resulting from this trend, but they also face new privacy concerns.  The recent case of Lazette v.

  • The Electronic Wake Employees Leave Behind

    Elijah Yip
    21 May 2013 | 12:04 pm
    Employer sues ex-employee for not updating his LinkedIn profile — Jefferson Audio Visual Systems, Inc. v. Light, 2013 WL 1947625 (W.D. Ky. May 9, 2013). What would you do if your ex-employee told everybody he still works for you?  One company’s response was to sue.  In the first case of its kind, the company decided to sue its former employee for fraud for not updating his LinkedIn profile. Jefferson Audio Visual Systems, Inc. (JAVS) fired its sales director, Gunnar Light, after he mishandled a potentially lucrative deal and made defamatory statements about JAVS to a prospective…

  • Attorney Is Disciplined For Posting Confidential Client Information Online

    Elijah Yip
    16 May 2013 | 1:40 pm
    Disclosure of confidential client information on the Internet by attorney violates Rule 1.6 of the Rules of Professional Conduct – In re Skinner, 740 S.E.2d 171 (Ga. Mar. 18, 2013) A Georgia attorney recently learned the hard way that the Internet is no place to vent about a client.  The attorney (Skinner) received negative comments from a client on consumer review websites.  In response, Skinner posted personal and confidential information about the client on the Internet.  After a formal complaint was filed against Skinner by the State Bar of Georgia, Skinner filed a petition for…

  • NLRB Dishes Out Confusion On Social Media Policies

    Elijah Yip
    15 May 2013 | 7:32 pm
    UPDATE:  On April 30, 2013, a three-member panel of the NLRB adopted the ALJ’s decision in this case.  Read the board decision here (the ALJ decision and the Dish Network social media policy that got invalidated are attached). The NLRB recently dealt another blow to the ability of employers to prohibit employees from engaging in disparaging speech on social media.  On November 14, 2012, an Administrative Law Judge (“ALJ”) of the NRLB issued a decision striking down two rules in Dish Network’s employee handbook dealing with social media use.  The first rule prohibited employees…
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    Overlawyered

  • Which is more carefully drafted…?

    Walter Olson
    19 Jun 2013 | 7:15 am
    The ACLU’s lawsuit over the NSA surveillance program, or Larry Klayman’s? And which has more grandstanding? If you have to ask… [Howard Wasserman, Prawfs] Tweet Tags: Larry Klayman, pleading Which is more carefully drafted…? is a post from Overlawyered - Chronicling the high cost of our legal system

  • Storming the homes of political enemies, cont’d

    Walter Olson
    19 Jun 2013 | 5:22 am
    Why isn’t there greater revulsion when political mobs assail the personal residences of officials they disagree with? And who will be next? [Mark Krikorian; earlier here, etc.] Tweet Tags: politics Storming the homes of political enemies, cont’d is a post from Overlawyered - Chronicling the high cost of our legal system

  • A further note on internships

    Walter Olson
    18 Jun 2013 | 9:15 pm
    “Paying to Learn Nothing = Legal; Paying Nothing to Learn = Illegal” [Andrew Coulson, Cato, contrasting internship ruling with the general lack of a legal or political remedy against educational institutions should you "go into serious debt [but] learn nothing of value”; more on the absence of “educational malpractice” relief; earlier here, etc.] Tweet Tags: minimum wage, schools, wage and hour suits A further note on internships is a post from Overlawyered - Chronicling the high cost of our legal system

  • Food roundup

    Walter Olson
    18 Jun 2013 | 9:06 pm
    Watch on the rinds: consumers protest against Mimolette import ban [Cato interview with Jill Erber of Northern Virginia cheese shop Cheesetique, Katherine Mangu-Ward, Mark Steyn on French and U.S. attitudes toward cheese freedom, earlier here, etc.] “The Inside Story of a ‘Juror Revolt’ in Amish Raw Milk Trial” [Modern Farmer] History of Canadian margarine regulation [more from Steyn, NRO] Steve Chapman on the utopian quest for zero BAC driving [syndicated/Reason] “In addition to its constitutional flaws, California’s foie gras ban is unenforceable.”…

  • “…It was certainly *not* some impulsive, ham-fisted attempt to bully a local resident…”

    Walter Olson
    18 Jun 2013 | 10:22 am
    The township of West Orange, N.J. sends a cease and desist letter to a local political activist who runs the domain westorange.info and gets the following response from attorney Stephen Kaplitt (via Above the Law): Dear Mr. Trenk: I am pro bono counsel to Jake Freivald and write in response to your “cease and desist letter,” dated May 13, 2013, regarding his domain westorange.info. Obviously it was sent in jest, and the world can certainly use more legal satire. Bravo, Mr. Trenk! …. Oh, and just to play along, had you intended for your letter to be taken seriously, even in…
 
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    Solo Practice University®

  • What To Do When Your Solo Practice Isn’t a Success…But It Isn’t a Failure, Either

    Susan Cartier Liebel
    17 Jun 2013 | 5:30 am
    Some days don’t you just feel like all the wind has been let out of your sails. You’ve finally opened the doors to your solo practice, virtual and brick & mortar.  You have everything in place.  You sweated all the small details in spite of the advice not to, lined up your malpractice insurance, built your website, got your business cards, your practice management software, announced to the world you’re open for business, got on the coveted appointments lists, participate in the local chambers, have lunches set up with mentors, continuing your professional learning, you even…

  • D-I-V-O-R-C-E. When the Business Partnership Is Over.

    Suzanne Meehle
    13 Jun 2013 | 5:00 am
    I have not spoken much about my previous business partnership in this column. I guess that’s because, when I started writing for Solo Practice University, it was pretty fresh and raw. I was still stinging about the end of what in the beginning had promised to be my law career’s happily ever after. And… I missed Alyson. My business partner and my friend, the person with whom I spent every waking minute from June 2009 until December 2010. A business divorce is no different from a marital divorce in most regards. You divvy up the property, sell the stuff that nobody wants to…

  • 4 ‘Musts’ When Considering A Co-Counsel Relationship

    Mark Bassingthwaighte
    11 Jun 2013 | 5:30 am
    Sometimes co-counsel relationships are formed “on the fly” meaning that there will be no thorough discussion as to who will be responsible for what. This can be disastrous if each attorney assumes the other will meet a critical deadline and as a result a deadline is actually missed. Unfortunately, this situation can get even messier if one of the attorneys is uninsured and heaven forbid the uninsured attorney happens to be the out-of-state attorney who asked you to serve as local counsel. This is just one example of what I have come to call “the mistake of assumed competency.” Here is…

  • Never Underestimate New Lawyers Who Hang A Shingle

    Susan Cartier Liebel
    6 Jun 2013 | 5:56 am
    Chicago Katie Kizer and Amanda Graham brushed off a miserable employment market for new law school grads. They hired themselves after graduating last spring from DePaul University College of Law. With summa diplomas, they were qualified for Big Law—just temperamentally unsuited for it. I want to meet these two women. I really do. Katie Kizer and Amanda Graham  (or Kamanda) epitomize the determination, work ethic, and passion every lawyer who wishes to hang a shingle should aspire to….especially upon passing the bar.  Most importantly, they highlight their secret weapon which many…

  • How Lawyers Can Learn A Second Language (And Why They Should)

    Paul Jeff Perez
    4 Jun 2013 | 5:00 am
    Learning a new language is an important decision, to be considered by most US-based lawyers trying to attract new clients and increase the profit margins of their law firm. As we have discussed previously in “Why and How to Hire Bilingual Employees”, hiring bilingual employees is a smart decision expected to enhance the firm’s ability to meet the needs of their clients. Attorneys that truly want to go bilingual should begin to learn a new language. You’re never too old to learn.  In this context, what’s the fastest, most convenient method of learning a foreign language? There are…
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    BlawgIT

  • The Right of Publicity

    Brett Trout
    10 Jun 2013 | 11:34 am
    Hey, That’s Me! You spend months working on your cosplay outfit, and it turns out perfect. You are the hit of the con, with everyone taking your picture. Then, all of a sudden, you see you and your outfit on all kinds of merchandise, ranging from coffee mugs to posters. Is that legal? What can you do? The Right of Publicity Unlike constitutionally protected rights, like the freedom of speech, the right of publicity is a hodge-podge of state and common laws. To be sure what is and what is not allowed under the right of publicity, it is important to check the laws of the state in which…

  • What is the Difference Between ™, ®, and ©?

    Brett Trout
    1 Feb 2013 | 9:21 am
    You see these symbols every day, but what do they mean? Here is a handy guide to help you understand the difference between ™, ®, and ©. ™ stand for “trademark.” When you see a ™ next to a word, it means that whoever put the ™ there is claiming they own the exclusive right to use that word in association with the good or service they are offering. They are claiming that word as their trademark. A trademark can be a word, logo, etc. that shows a good or service came from a particular source. You only obtain trademark rights by offering a good or service in commerce under…

  • Frequently Asked Questions About Patents

    Brett Trout
    22 Jan 2013 | 12:58 pm
    What is a patent? A patent is a legal document. It defines the scope of your invention. A patent allows you to prevent others from making, using or selling your invention without paying you. You can see what a patent looks like here. Is everything patentable? No. You cannot get a patent on ideas, obvious combinations of pre-existing devices, illegal or immoral matter, pure research, or anything that is simply a novelty or curiosity. You can get a patent on new and useful processes, machines, manufactures, or compositions of matter, as well as any new and useful improvement thereof. Are all…
 
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    Above the Law

  • Learned Hand Recorded a Single?!?

    Joe Patrice
    19 Jun 2013 | 11:11 am
    Yes, *that* Learned Hand, and *that* definition of a single. Continue reading »Follow Above the Law on Twitter or become a fan on Facebook.Tags: Alan Lomax, Bloomberg, Bloomberg Law, Federal Judges, History, Lead Belly, Learned Hand, Music, Videos    

  • Labor Lawyer Found Dead in Cell After Being Denied Mental Health Care

    Staci Zaretsky
    19 Jun 2013 | 10:15 am
    What happened in his underlying case? Continue reading »Follow Above the Law on Twitter or become a fan on Facebook.Tags: Crime, Deaths, Department of Labor, Health Care / Medicine, Jail, Judge Robert Richter, Labor / Employment, Labor Department, Mental Health, Michael McAuliffe, Paul Mannina, Robert I. Richter, Suicide, Violence    

  • Not A Popular Policy: Withholding 20 Percent of Partner Pay

    David Lat
    19 Jun 2013 | 9:11 am
    Which firm is withholding the partner pay, and why? Continue reading »Follow Above the Law on Twitter or become a fan on Facebook.Tags: Anonymous Partner, Becker & Poliakoff, Biglaw, Capital Calls, Communication, Compensation, Ed Reeser, Edwin Reeser, Florida, Gary Rosen, Julie Kay, Management, Managing Partners, Money, Partner Compensation, Partner Issues, Partner Profits    
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    Simple Justice

  • Dot Connecting The NSA's Stories and Reality in Court

    SHG
    19 Jun 2013 | 3:54 am
    Josh Dratel has spent the last few years doing something that few of us really want to do, defending the penniless accused terrorists.  It's thankless work, given the near impossibility of getting the basic information that would otherwise be offered to the defense of anyone else because of national security.  It's not so secret that they can't indict and convict, but it's far too secret to let even defense counsel with security clearance know about.  An interesting concept of due process.That made it all the more curious when Josh learned that these huge secrets were…

  • Show and Tell

    SHG
    19 Jun 2013 | 2:47 am
    The mother of an eleven year old knew they would be coming for her child.  Why remains a mystery, which is likely for the best. It can't be a good thing when an eleven year old gets arrested. But as a mother, as a person, as a Texan and as an American, she did the one thing she could.  She asked the police officers at her front door to show her the warrant.Via MyFoxLubbock by way of Turley: Slaton police came to this woman's house, who wishes to remain anonymous, to arrest her son. But by asking one simple question, she found herself behind bars instead.  "I told him,…

  • Book Review: Radley Balko's Rise of the Warrior Cop

    SHG
    18 Jun 2013 | 3:42 am
    Reading a book written by a friend is a leap of faith, approached with trepidation. What if it's awful? What if it's not awful, but just not very good? But there is no real option, particularly when it is about a subject of deep concern and fascination for both of us. And so there was never a question when Radley Balko announced his forthcoming book, Rise of the Warrior Cop, The Militarization of America's Police Forces. I would read it. I would review it. I would be as critical of it as I would of any other book, and hope for the best.  Let's get this out of the way up…
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    Law and Magic Blog

  • A Short Course In Law and Magic

    lpcprof
    31 May 2013 | 10:31 pm
    Check out Mateusz Pekala and Mateusz Stepieri, The Relationship Between Law and Magic: Preliminary Remarks, published in Towards an Anthropology of the Legal Field: Critiques and Case Studies (T. Ledvinka, ed., Prague, 2012), at 24-34. It's a thoughtful explanation of how law and magic, seemingly disconnected are related through the lens of anthropology;,it includes a review of various legal approaches to the treatment of magic and a definition of "magic," (in order to get the discussion moving). The authors also present a straightforward review of the problem facing…

  • Couple Practicing Faith Healing Loses Second Child, Held On Third Degree Murder Charge

    lpcprof
    28 May 2013 | 3:02 pm
    Catherine and Herbert Schaible, who are members of Philadelphia's First Century Gospel Church, are facing third-degree murder charges in the death of their young son Brandon. Seven-month-old Brandon died in April of bacterial pneumonia because his parents practice faith healing, and refused a judge's order to seek traditional medical treatment for their son. The prosecutor is also charging the parents with involuntary manslaughter, endangering the welfare of a child, and conspiracy. In 2009, another of their children also died. The Schaibles were convicted of involuntary…

  • Oklahoma Nonbeliever Gets Support From Web Campaign

    lpcprof
    28 May 2013 | 2:46 pm
    The Oklahoma atheist who politely informed CNN's Wolf Blitzer that she didn't thank the Lord for that split second decision to seek shelter with her young son as the tornado bore down on her family has gotten a lot of moral and financial support from other secularists as a result of her straight talk on national TV. A good many "nones" have come out to show that they appreciate Rebecca Vitsmun's honesty, and probably her good humor and courtesy as well. Given the dislike that some Americans continue to show for nonbelievers, Ms. Vitsmun showed a lot of courage in…
 
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    What About Paris?

  • Oran, Algeria: "Our citizens work hard."

    Holden Oliver (Kitzbühel Desk)
    19 Jun 2013 | 9:58 pm
    Our citizens work hard. Their chief interest is in commerce, and their chief aim in life is, as they call it, "doing business". --Narrator describing Oran in opening pages of The Plague (1947), by Albert Camus

  • June 16, 1904: Bloomsday All Week. Everywhere.

    Holden Oliver (Kitzbühel Desk)
    16 Jun 2013 | 9:59 pm
    The day you meet your wife can be its own world. June 16th will mark the 109th Bloomsday, honoring James Joyce and recreating the events of his novel Ulysses, all of which take place on June 16, 1904 in Dublin. It's celebrated dutifully in Dublin, New York City, Paris and every city, village and hamlet on the planet with pluck, verve, and a spring in its stagger or step.

  • Dr. Johnson on Habits.

    JD Hull
    14 Jun 2013 | 10:59 pm
    What we hope ever to do with ease, we must learn first to do with diligence. --Samuel Johnson (1709-1784)
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    Legal Juice

  • What Happens When You Keep Calling 911?

    18 Jun 2013 | 10:06 pm
    If you repeatedly call 911, rest assured that the police will come, though probably not for the reason you called. As reported by The New Hampshire Union Leader: Police said the incident began just before 5 p.m. Sunday when Darlene Gladstone, 48, of 10 Harmony Lane called police and asked them to remove her 18-year-old son because she did not want him there anymore. No crime had occurred at the residence to allow officers to remove the teen and they left, police said. "My mistake, sorry?" Not exactly. About 20 minutes later, police say Gladstone called 911 again asking that her son be…

  • Dunkin Donuts Employee "Outperformed" And Outearned Her Co-Workers

    17 Jun 2013 | 10:01 pm
    Needless to say, you won't get flush working at the Rockaway, New Jersey Dunkin Donuts, even on the night shift, unless ... As reported at dailyrecord.com: Melissa Redmond, 29, of Mine Hill, was arrested after a six week investigation known as “extra sugar” that began when police got a tip that people could go to the Dunkin Donuts on Route 46 and arrange a liason with Redmond.First reaction: Seriously, when resources are stretched so thin everywhere, the police spent SIX WEEKS on this? OMFG! Second reaction: "extra sugar"? Brilliant! But back to the intrigue... “I had gotten an…

  • Cop's New Diet Leads To Grow House Bust - Really

    16 Jun 2013 | 10:03 pm
    It was a bad day for these growers when a certain police officer decided to go on a high-protein diet as part of a body building regimen. Huh? Here's why, as reported by web.orange.uk: "[Leicester police officers] asked their colleague in the back what he had been eating, and after fits of giggles and denials, they realised the cannabis smell was in the air in the street outside," it said.The team noticed a strong smell of cannabis as they sucked in the welcome fresh air, and tracked it to a nearby house, reports the Police Federation's magazine. "Imagine the surprise on the faces of the…
 
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    Ernie the Attorney

  • Freedom, Innovation & Apple Pie

    Ernie Svenson
    11 Jun 2013 | 6:31 am
    Let's face the truth: we live in a turbo-charged world of information. Well, not so much "information," because the digital data flying around at light speed isn't so much "informative," as it is speculative, fear-driven, or based on tribal rally cries. The word freedom has long been used to rally people into mindlessly accepting something. What is freedom? It's a word you learn slowly, and not because you're stupid. But because you can't point at freedom like a tree and say "hey Johnny, that's freedom over there." So, what winds up happening is you learn to accept interpretations that your…

  • Helping people help themselves (have you met my friend Google?)

    Ernie Svenson
    21 May 2013 | 8:52 am
    I love to help people, and that's one of the great things about having a blog. If I discover a solution to a problem, I can post it here. Google will index it, people will search for it, and most of them will find a workable solution to that problem.The downside is people sometimes feel like "hey you put information out for free, so you must have lots of time on your hands, so I can just email you and ask you more questions." I don't have lots of time. Most people have no sense of that. People just want help, and if they find someone helpful they cling. I understand, and sympathize.My PDF for…

  • Evidence 101: sharpen your hacksaws boys

    Ernie Svenson
    16 May 2013 | 12:51 pm
    Apparently, the younger Boston Marathon bomber scrawled a note into the hull of the boat he was hiding in when they captured him. The note is almost certainly constitutes an admissible statement of his participation in the April 15 attackAnd according to an unidentified source with law enforcement, "the portion of the boat’s interior on which Mr. Tsarnaev had written would likely be cut from the hull and presented in court as evidence should he go to trial."That seems a little over the top.The owner of the boat has suffered enough, hasn't he? Is it really necessary to hack the poor…
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    The BLT: The Blog of Legal Times

  • Glenn Beck's Media Company Hires Wiley Rein Lobbyists

    Andrew Ramonas
    19 Jun 2013 | 10:13 am
    The media company founded by conservative commentator Glenn Beck has turned to Wiley Rein for help in its first foray into Washington lobbying. Mercury Radio Arts Inc., which produces The Glenn Beck Program, GlennBeck.com and TheBlaze media network, has hired the firm to advocate for it on program carriage matters, according to a lobbying registration report filed with Congress on Tuesday. The New York-based company didn't have any lobbying firms registered to advocate for it before it retained Wiley Rein, according to congressional records. Senior public policy adviser Scott Weaver, as…

  • Law Firm Bands Tuning Up for Homeless Benefit

    Tony Mauro
    19 Jun 2013 | 9:25 am
    The tenth annual Battle of the Bands, the lawyer-led benefit for the homeless in D.C., gets underway Thursday night. Eighteen bands will play on two stages starting at 7 p.m. at The Black Cat in Northwest D.C. The band that raises the most money from fans and colleagues will be declared champion, more or less regardless of talent. The event, also known as Banding Together, is sponsored by Gifts for the Homeless, Inc., a non-profit founded in 1986 by law firms and legal organizations. All the proceeds go toward the purchase of clothing, blankets and other essential items that are distributed…

  • Justice Ginsburg: 'Optimistic' About Women in the Courts

    Zoe Tillman
    19 Jun 2013 | 8:31 am
    As a new judge on the U.S. Court of Appeals for the D.C. Circuit in the early 1980s, U.S. Supreme Court Justice Ruth Bader Ginsburg recalled asking a question during oral arguments early in her tenure. The lawyer replied, "Well, Judge Wald...," confusing her with the only other woman on the court at the time, now-retired Judge Patricia Wald. "The idea of two was too much to contemplate," Ginsburg said, earning laughs as she told the story during a panel discussion yesterday on women and the District of Columbia's federal courts. She added she was also referred to as…
 
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    The Volokh Conspiracy

  • Sens. Tester & Murphy’s Constitutional Amendment Would Strip Rights from Corporate-Owned Newspapers, Advocacy Groups, Etc.

    Eugene Volokh
    19 Jun 2013 | 10:41 am
    (Eugene Volokh) The Lachlan Markay (Washington Free Beacon) reports on the Tester/Murphy amendment, which would provide: Section 1. We the people who ordain and establish this Constitution intend the rights protected by this constitution to be the rights of natural persons. Section 2. The words people, person, or citizen as used in this Constitution do not include corporations, limited liability companies or other corporate entities established by the laws of any State, the United States, or any foreign state, and such corporate entities are subject to such regulation as the people, through…

  • And Onto More Important Matters . . .

    David Post
    19 Jun 2013 | 8:31 am
    (David Post) My fears that we were facing a summer without top-class futbol have proven unfounded.  The Confederations Cup tournament, now underway in Brazil, has been a nice reminder that in just over a year or so, there will come a moment when 30 or 40 percent of the world’s population will be simultaneously engaged in the same activity – watching the World Cup final.  (And you heard it here first:  Spain v. Argentina.) If there is a wisdom of crowds, surely this is telling us something about the species, no? The Confederations Cup is a weird and interesting tournament. …

  • The Rashomon effect in the Great Schism of 1378

    Sasha Volokh
    19 Jun 2013 | 7:41 am
    (Sasha Volokh) You know how sometimes different people remember the same event slightly differently? Here’s an example: in 1378, the cardinals were electing a new Pope, and the people of Rome were putting substantial pressure on the cardinals to elect a Roman pope. During this process, Cardinal Orsini went out to talk to the crowd. Here’s how the Bishop of Todi remembers what Orsini said: Listen to me, Romans, if you should not have a pope who proves acceptable to you by this evening I will allow you to tear me to pieces. Here’s how the Bishop of Marseilles remembers it: You…
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    Balkinization

  • Michael Greve’s Competitive Federalism and the Maturation of the Federalism Debate

    Guest Blogger
    19 Jun 2013 | 7:00 am
    Ernest A. Young For the symposium on Michael Greve's The Upside Down Constitution (Harvard University Press 2012).            I’m grateful for the opportunity to discuss Michael Greve’s extraordinary book, The Upside Down Constitution.  The book is both big and dense (in a good way), and it’s packed with more ideas than I can possibly do justice to here.  I’d like to focus on how Michael’s book both reflects and contributes to a change in thinking and argument about federalism.  I then make a couple of more…

  • Our Vacuous Constitutional Text as Under-Specified Agreement

    Guest Blogger
    19 Jun 2013 | 6:00 am
    Rick Hills For the symposium on Michael Greve's The Upside Down Constitution (Harvard University Press 2012).Both "federalism" and "individualism" are vacuous terms, but many of us are aware only of the latter’s emptiness.  We mostly recognize that declaring one’s support for "individual rights" says almost nothing informative about one’s actual beliefs: An "individualist" could be a devotee of Rawls, Hayek, Charles Reich, Bakunin, the American Constitution Society, or the Federalist Society—in short, a follower of just about any political or legal theory one pleases. It is…

  • Justice Thomas’ Originalism and the Civil War

    Joey Fishkin
    18 Jun 2013 | 4:03 pm
    Justice Scalia’s majority opinion in yesterday’sInter Tribal Council case spoke primarily in a textualist idiom: it framed the case in terms of the purportedly simple question of how to read a very small number of words of statutory text; he even makes the obligatory citation to a convenient dictionary definition (of “accept”).  On the constitutional question of whether the NVRA is within Congress’ power under the Elections Clause, Justice Scalia’s method was pretty ecumenical: a brief originalist invocation of some relevant framers, a structural/functional…
 
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    Concurring Opinions

  • Google Challenges Gag Orders Relating to Surveillance Programs, Citing First Amendment

    Babak Siavoshy
    18 Jun 2013 | 2:18 pm
    Google has decided to back up its calls for more transparency regarding government surveillance with a legal challenge to the gag orders that forced it into silence. The Washington Post reports: Google asked the secretive Foreign Intelligence Surveillance Court on Tuesday to ease long-standing gag orders over data requests it makes, arguing that the company has a constitutional right to speak about information it’s forced to give the government. The legal filing, which cites the First Amendment’s guarantee of free speech, is the latest move by the California-based tech giant to…

  • Questioning Performance Pay

    Kelli Alces
    18 Jun 2013 | 2:17 pm
    Performance pay is tricky. At a very basic level, it challenges the notion that corporate managers, as fiduciaries of the firm, should “renounce all thought of self” as it places their self-interest at the forefront of the decisions they make on behalf of the corporation. Performance pay is designed with the hope that it will align those managers’ personal interest with the goal of shareholder wealth maximization as we concede that we cannot simply trust managers to selflessly pursue the interests of others. Indeed, it may do more harm than good to the extent it gives managers both the…

  • Taxonomy of Innovation Incentives

    Andrew Blair-Stanek
    18 Jun 2013 | 1:15 pm
    IP folks don’t talk enough with tax-law folks, and vice versa. This has some unfortunate results. IP has become a leading tax-avoidance vehicle, without drawing sufficient notice from IP scholars and practitioners. And R&D tax incentives are rarely evaluated alongside patents, prizes, and research grants as effective ways to foster innovation. An insightful article forthcoming in the Texas Law Review, by Daniel Hemel and Lisa Larrimore Ouellette, takes a big step in bridging this gap. They observe that all innovation incentives can be broken down along three dimensions: (1) who decides…
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    The Becker-Posner Blog

  • Reform of the Tax Code-Becker

    Gary Becker
    16 Jun 2013 | 7:35 pm
    The federal tax code is a mess from any economic perspective. It is not efficient, fair, or clear. A complete set of suggestions to improve the tax system would take hundreds of pages, as did the excellent 2005 Report of the President’s Advisory Panel on Federal Tax Reform. My discussion will concentrate on a few of the needed changes that would help stimulate a more efficient and faster growing American economy. A major priority is to eliminate taxes on savings and investments. One reason is that they involve double taxation since personal and corporate incomes are first taxed, and then…

  • Tax Reform—Posner

    Richard Posner
    16 Jun 2013 | 5:09 pm
    There is a good deal of dissatisfaction with the federal tax system (the state and local systems as well, but I’ll confine my attention to the federal). Most proposals for reform, however good in theory, are totally impractical from a political standpoint. But since politics is volatile, there is value to evaluating such proposals in order to lay a foundation for future reform.  A tax can be evaluated along four dimensions: cost of collection, allocative effect, revenue effect, and distributive effect. Let me by way of illustration evaluate the Obama Administration’s proposal to raise…

  • Abenomics and Japan’s Stagnation-Becker

    Gary Becker
    2 Jun 2013 | 1:47 pm
    During the past 17 years, Japan has experienced sizable deflation; for example, the GDP price deflator declined on average by about 1% per year since 1995, and it declined during the past couple of years by 2% per year. Since many wages and other prices cannot be adjusted downward very easily, deflation tends to distort labor and other markets. To end deflation and stimulate the Japanese economy, Prime Minister Shinzo Abe has introduced a set of policies called “Abenomics”. These policies have “three arrows”: massive fiscal stimulus, aggressive monetary policy a la the Federal…
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    Sui Generis-a New York Law Blog

  • Lawyers: Use your head when mining social media for evidence

    NBlack
    18 Jun 2013 | 8:22 am
    This week's Daily Record column is entitled "Lawyers: Use your head when mining social media for evidence." A pdf of the article can be found here and my past Daily Record articles can be accessed here. Lawyers: Use your head when mining social media for evidenceMining social media for evidence to support a case is all the rage these days. That’s because lawyers are finally comprehending the popularity and vast reach of social media. As a result, attorneys are quickly realizing that social media has the potential to be a gold mine of evidence in support of their clients’ cases. Of…

  • Virginia ethics committee rules on virtual practices

    NBlack
    14 Jun 2013 | 1:14 pm
    This week's Daily Record column is entitled "Virginia ethics committee rules on virtual practices." A pdf of the article can be found here and my past Daily Record articles can be accessed here. Virginia ethics committee rules on virtual practices In March, Virginia joined the growing number of jurisdictions that have addressed the ethical issues presented by lawyers who use cloud computing in their practices and/or practice law from a virtual office. So, why are so many ethics committees are suddenly addressing these issues? Well, it’s because lawyers are increasingly using cloud…

  • FREE Webinar: Solo & Small Firms -10 Ethics Red Flags You Need To Know

    NBlack
    13 Jun 2013 | 8:11 am
     (Photo credit: rvw) Signup for a free webinar, hosted by MyCase, on June 27th, 2013 at 11am PDT / 2pm EDT. At the webinar, Carolyn Elefant and I will discuss the top ten ethical red flags your firm should consider when taking on new technology. Covered topics will include: Confidentiality and security considerations when using cloud and mobile solutions Attorney-client relationships, advertising, and other challenges when using social and online platforms Virtual law office ethical issues, such as avoiding the unauthorized practice of law Escrow account issues, alternative billing,…
 
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    Lessig

  • On Bilderberg

    Lessig
    15 Jun 2013 | 5:52 am
    I was invited to the Bilderberg conference this year — embarrassed I hadn’t known anything about it before, and more embarrassed I hadn’t known anything about the controversy around it.  But having been there, and done that, I confess I don’t get the outrage.  It’s a conference. There’s no agreements, or planning, or anything beyond people speaking in panels, and people asking questions (or “asking questions”) of the speakers. Or at least that I saw. (Sure, it might have been that between 10pm and 8am (the only time we had off) there were secret…

  • For someone who grew up when I did, nothing could be cooler than…

    Lessig
    15 Jun 2013 | 2:59 am
    For someone who grew up when I did, nothing could be cooler than being interviewed by Bill Moyers.  (Original post on Tumblr)

  • The Anti-Aristocrats (our Framers) v1

    Lessig
    3 Jun 2013 | 8:49 am
    I’ve been collecting research about the Framers view about the potential for American aristocracy. My RA, Dennis Courtney, found this fabulous quote from Patrick Henry at the Virginia Ratifying Convention (emphasis added):  It has been said, by several gentlemen, that the freeness of elections would be promoted by throwing the country into large districts. I contend, sir, that it will have a contrary effect. It will destroy that connection that ought to subsist between the electors and the elected. If your elections be by districts, instead of counties, the people will not be…
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    Brian Leiter's Law School Reports

  • Lateral hires with tenure, 2012-13

    Brian Leiter
    17 Jun 2013 | 9:51 pm
    MOVING TO FRONT--ORIGIINALLY POSTED AUGUST 27, 2012--UPDATED These faculty haved accepted appointments with tenure that will begin in 2013: Howard Abrams (tax) from Emory University...

  • Light blogging for a bit...

    Brian Leiter
    14 Jun 2013 | 6:18 am
    ...I'll be at a conference next week, so probably won't have much new until the week of June 24. Dan Filler may have some items...

  • The MOOCs are coming...

    Brian Leiter
    13 Jun 2013 | 7:00 am
    ...and it doesn't bode well for law schools. Bar review courses have long been done via what were essentially "MOOCs," it would not be surprising...
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    ResIpsaBlog.com

  • Nursing Home Abuse Led Death To A 87-Year Old Woman

    Res Ipsa
    19 Jun 2013 | 6:02 am
    Nursing Home Abuse Lawsuit Caps When it comes to nursing home abuse most cases are held to the medical malpractice caps that exist. However, in West Virginia it was ruled that a nursing home had to pay over $90 million in damages after a woman died following mistreatment at a nursing home. This ruling came despite the fact that there is a $500,000 cap on medical malpractice cases. How this case received well over the medical malpractice cap and whether caps on medical malpractice should be allowed are important issues for personal injury attorneys. In this case, Tom Douglas brought his mother…

  • Bus Accident Sends Ten People to the Hospital

    Res Ipsa
    18 Jun 2013 | 4:18 am
    Bus Accident in Rio Grande Avenue: The Full Story A serious bus accident involving two cars and a Lynx bus sent ten people to the hospital. The crash was caused when an 18 year old driving a 1998 Pontiac Grand Am failed to yield at a stop sign. The bus driver tried to maneuver the bus out of the way of the oncoming car but was unable to stop in time. The bus crashed into the Grand Am and pushed the car into the Pontiac of a 61 year old. The drivers of the cars, a passenger from one car and seven people on the bus were taken to the hospital. The driver of the Grand Am had to be rescued using…

  • Defective Door Lock: Who’s Responsible?

    Res Ipsa
    17 Jun 2013 | 7:00 am
    Always Check For Defective Door Lock When it comes to renting a property or vacation home, one of the things that you have to do is to check if there is no defective door lock. These are small things that would lead to bigger problems when left unattended. Here is a news story in 2010 where a family was renting a vacation home and ended with the two year old drowning in the pool. The family felt that they were not adequately warned of the potential dangers of the rental home and sued the people who rented them the home. They were staying at the home and the two year old was sleeping in the…
 
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    Conglomerate

  • The CEO Sleep Conundrum

    David Zaring
    19 Jun 2013 | 12:49 am
    One of the reasons I got interested in the business section of the paper, lo these many years ago, was because of stories like this:  Martha Stewart has claimed to sleep about four hours a night, as has Indra Nooyi, the CEO of PepsiCo (PEP). Her predecessor, Steve Reinemund, has gotten up around 5 a.m. to run 4 miles most mornings of his life after going to bed around 11. "I sleep normally between five, six hours," he said in an interview. "I've never gotten more." But it seems to be enough: "Most of the time I don't wake up with an alarm." Is not needing much sleep a secret to success --…

  • The NYT, Zach Braff, and the Ethics of Kickstarter-ing

    Christine Hurt
    18 Jun 2013 | 8:52 am
    So, criticizing The Ethicist column in the New York Times is about as new as complaining about the weather.  When the previous Ethicist, Randy Cohen, quit in 2011, I listed some of his columns that angered me the most.  I don't believe the replacement, Chuck Klosterman, is an improvement, but the columns are definitely less definitive (it's easier to be less wrong when you are less clear).  Last week's column, in which Klosterman said it was ethical for a college student to write one paper for two classes, most recently rankled the audience.  The problem is that the NYT has a column…

  • It's The Takings Clause Again That's The Vehicle For A Financial Crisis Suit

    David Zaring
    17 Jun 2013 | 1:41 pm
    Steven Lubben reviews the lawsuit by Fannie and Freddie shareholders against the government for bailing out the firm in a way that killed the value of their investment (true, it certainly did that).  Once again, you can see how the Takings Clause is basically the only way that the government's financial crisis actions are being reviewed by the courts.  And, by the way, these sorts of claims have been brought in the past by bank shareholders against European governments that bailed out banks and zeroed out shareholders - you can imagine the case to be made by someone just pointing at the…
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    Ms. JD - Changing the Face of the Legal Profession

  • Ms. JD Weekly Round Up For The Week of June 14, 2013

    editor
    14 Jun 2013 | 1:00 pm
    Image:  ms_jd_weekly_round-up_164.jpg This week marks the 50th anniversary of the Equal Pay Act. It was signed into law on June 10th, 1963 by John F. Kennedy. Laura Bellows, President of the ABA, sees this anniversary as an opportunity. The Supreme Court ruled unanimously that human genes cannot be patented. The case involved a company called Myriad Genetics and its patent on the genes for breast cancer. The Court decided that, while Myriad made an important discovery, they did not actually create or invent anything since human genes occur in nature.  Much more to come on this. Read…

  • Ms. JD Has Five Free Tickets to California and the Courts!

    Janet
    13 Jun 2013 | 5:45 pm
    Image:  face_reasonably_small_3.gif Another great perk for Ms. JD readers: free attendance and MCLE credit ($250 value) at CJAC's California and the Courts conference in Laguna Beach. The free attendance will be available to the first five law students or ladies in their first 5 years of practice who email pederson@ms-jd.org! CJAC's first public affairs conference, California and the Courts, will be held June 26-28 at the Montage Resort in Laguna Beach. The conference will discuss and identify the political climate in the State of California. The conference will also analyze the future…

  • The How-Long-Will-You-Be-Here Question and How (or Whether) to Answer

    MilspouseJD
    13 Jun 2013 | 7:20 am
    Image:  msjdn5-scales_800px_white.png by Josie Beets Summers bring change for military families, and MSJDN families are no different. Our private member groups have been buzzing with the typical summer PCS season drama — well, the MSJDN version. On top of moving houses, states, and even countries, on top of finding new schools and new grocery stores, our members are filling out Bar applications, wading through complex and varied reciprocity rules,  completing new NCBE reports and applying for jobs in their new legal communities. With job applications come job…
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    Biker and Motorcycle Lawyer Blog

  • What Goes Around Comes Around

    Norman Gregory Fernandez
    15 Jun 2013 | 4:29 pm
    California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez, Esq., Courtesy of the Riverside Press Enterprise Newspaper, and Jennifer Fraley of Sunshine Photography The old saying what goes around comes around, is not just a saying, it is a fact. I have been a biker and a motorcyclist for many years. I can recall many times where I had a problem with my bike on the road, and a fellow biker stopped and helped me out. Bikers and motorcyclist for the most part are the friendliest and most helpful people you will ever meet hands down. If you breakdown in a car forget it. If…

  • The Laughlin River Run 2013, a Good Time for Most

    Norman Gregory Fernandez
    1 May 2013 | 6:00 pm
    Oatman, AZ on the last day of the Laughlin River Run 2013 I attended the Laughlin River Run 2013 this year as I do most years. The Laughlin River Run is billed as the largest motorcycle and biker rally on the west coast. This year’s motorcycle rally was different than most past years rallies because the turnout appeared to be smaller than past years rallies, motorcycle club patches and soft cuts were not allowed anywhere near the strip, and there were a gaggle of what I call fake biker lawyers with booths set up at the event just waiting and hoping for those in attendance to refer their…

  • Alvaro Horacio Arroyo, killed in a motorcycle accident; Rest in Peace.

    Norman Gregory Fernandez
    16 Apr 2013 | 7:11 pm
    Alvaro Horacio Arroyo on right, pictured with his mother 20 minutes before he was fatally injured in a motorcycle accident On March 30, 2013, Alvaro Horacio Arroyo, was enjoying a day with his family. He is pictured here on the upper left with his mother just 20 minutes before he was fatally injured in a motorcycle accident that was caused due to a negligent elderly person who made a left turn in front of him. He was the jovial father of four sons, Alvaro – age 13, Alessandro – age 9, Ali – age 7, and Alden – age 2. He was a loving husband to a blind and disabled wife Rosa. He was a…
 
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    Consumer Help Central

  • Official Bankruptcy Forms – A Trap For The Unwary

    Cathy Moran
    19 Jun 2013 | 2:00 am
    If you file for bankruptcy without a lawyer, you can usually get most of the way to the finish line. Unfortunately, “almost” is good enough only in horseshoes and hand grenades – not in bankruptcy. For a layman filing a Chapter 13 case without a lawyer, he didn’t do too badly. He got credit counseling and filed the certificate. He completed the schedules fairly well. He even filed a pro se adversary proceeding to enforce the automatic stay when the foreclosure on a multi million dollar property went forward despite the bankruptcy. But the one thing he didn’t know and…

  • Student Loans As Non-Consumer Debt In Chapter 7 Bankruptcy

    Jay Fleischman
    18 Jun 2013 | 3:00 am
    Warning – this article is fairly technical. It’s an important issue if you’re thinking about filing for bankruptcy and have student loan debt, so skim it to get some ideas. At least once a week, a client comes in to me with a lot of credit card debt and student loans they can’t pay. We crunch the numbers and realize that they can pay down their student loans if only they could get rid of the credit card debts. For those people who are over median income and fail the means test, this may mean they can’t file for Chapter 7 bankruptcy and get rid of the credit card…

  • Understand The Tax Implications Of Settling Credit Card Debt

    Jay Fleischman
    17 Jun 2013 | 3:00 am
    Credit card debt settlement can leave you owing taxes on the forgiven balance. If you’re in debt and have only one or two credit cards that you need to clear up, you may want to look into settling your debt. It’s no secret that lots of debt buyers and collectors will negotiate to reduce the balance due and let you pay it off all at once. After all, it makes sense for them to settle. Most companies buy past-due debt for a fraction of the face value, so when you settle they still make a profit. You may think you’re getting away with paying less by engaging in credit card debt…
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    PT-LawMomPT-LawMom

  • Stress redux

    ptlawmom
    26 May 2013 | 3:07 pm
    The problem with not blogging in forever is that I’m pretty sure there’s only 2 people reading at this point.  But whatever.  This is an outlet.  Better, maybe, than my middle school diary that was in a box up high in a closet but somehow ended up in my son’s room.  Stress-induced stomach bug last Continue reading →

  • The stress, you guys, the STRESS!

    ptlawmom
    19 May 2013 | 2:37 pm
    So many things I can’t really blog about, either because the overwhelm/upset me too much or because my only free time with work, law school and two kids is in the 15 mins I take to wolf down lunch and read the news or check social media (and, of course, don’t want to blog from Continue reading →

  • Weekly MILP Roundup #304

    ptlawmom
    19 May 2013 | 2:18 pm
    The Weekly MILP (Moms In the Legal Profession) Roundup is hosted on a rotating basis at the Butterflyfish, Ptlawmom, Attorney Work Product, Attorney at Large, Today & Tomorrow, Magic Cookie, and Reluctant Grownup blogs and is usually posted no later than Monday. I am RIGHT THERE with But I Do Have a Law Degree.  Can Continue reading →
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    Durham-in-Wonderland

  • Astonishing

    KC Johnson
    19 Jun 2013 | 6:38 am
    The liberal arts are “endangered,” according to a new report. The New York Times describes the document’s high profile: “Requested by a bipartisan group of legislators and scheduled to be distributed to every member of Congress, it is intended as a rallying cry against the entrenched idea that the humanities and social sciences are luxuries that employment-minded students can ill afford.”And who was the co-chairman of the commission that produced the report? None other than . . . Richard Brodhead.In what other profession would a figure as utterly discredited by his actions—at…

  • The Cert Petition

    KC Johnson
    17 Jun 2013 | 3:55 pm
    Now that Supreme Court has at least forced Durham to respond, I thought it might be worthwhile to analyze the falsely accused players’ petition, written by Williams & Connolly attorney Kannon Shanmugam. A couple of general points:(1) The petition doesn’t even bother to respond to JudgeGregory’s race-based opinion in the 4th Circuit—perhaps presuming, correctly, that any Justice who would find even one word of Gregory’s rant persuasive would never vote to grant cert anyway.(2) The petition frames the question for the Court in a narrow manner: “Whether police officers who…

  • Supreme Court Update

    KC Johnson
    12 Jun 2013 | 4:42 pm
    A minor item from the Supreme Court docket.Yesterday, the Justices formally requested that Durham provide a response to the falsely accused players' cert. petition. Durham, by contrast, had sought to waive its right to respond, suggesting that it viewed the players' claims as so weak that they should be rejected out of hand. The procedural move is a very minor one, but at the least suggests that some members of the Court did not consider the question an open-and-shut one. But it should not be interpreted as anything more than that.Durham's reply was originally due next Tuesday, but the new…
 
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    Legal Profession Blog

  • Self-Medicating Judge Reinstated With Censure

    Legal Profession
    19 Jun 2013 | 8:51 am
    The Oklahoma Supreme Court has lifted a disability suspension and imposed a public censure of an attorney who entered a guilty plea to two drug-related misdemeanors and felony possession of methamphetamine. He was suspended in June 2012 after his arrest....

  • Loan Modification Not Unauthorized Practice

    Legal Profession
    19 Jun 2013 | 8:08 am
    The South Carolina Supreme Court has held that modifying a loan without the participation of an attorney does not constitute the unauthorized practice of law. The case involved petitioners who had obtained loan modifications and failed to make timely payments...

  • The Bicycle Thief

    Legal Profession
    19 Jun 2013 | 7:55 am
    A New York town court justice has resigned in the face of allegations that he publicly and physically confronted a fifteen-year-old boy who was riding his bicycle in [his] neighborhood, yelled profanities, took possession of and damaged the bicycle, and...
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    China Law Blog

  • Buying Into A China VIE. What Me Worry?

    Dan Harris
    17 Jun 2013 | 7:01 am
    Years ago, we here at China Law Blog made clear our views on VIEs and nothing about those views has changed.  For that reason, and becuase VIEs have little to nothing to do with most companies doing business in China, we stopped writing about them years ago.  In a nutshell, we don’t like them, don’t trust them, and don’t do them.  Quite frankly, our malpractice insurance just isn’t high enough for the massive risks we see in these investment vehicles.  We simply believe that when push comes to shove, China’s courts simply won’t enforce the contractual…

  • Doing Business In China. Not So Bad After All?

    Dan Harris
    16 Jun 2013 | 10:45 pm
    Those of us who constantly deal with China have a tendency to complain about what it takes to get things done there.  We do that because in our minds, everything should happen pretty much instantaneously.  Certainly my law firm’s clients would prefer that and therefore so would I. But I read a Wall Street Journal article today that did a great job of putting the difficulties of doing business in China in somewhat stark perspective.  The article is entitled, “Andy Puzder: Of Burgers, Bikinis and ObamaCare” and it is an interview with Andy Puzder of fast-food chain,…

  • China Law Conferences. In China.

    Dan Harris
    13 Jun 2013 | 10:27 pm
    Just got a listserve email from Dave Lyons (of DavesgoneChina/Mutant Palm fame) setting out a list of China Law Conferences that are scheduled to be held in China during the next year or so.  Becuase I am often asked about such things and because I seldom have a good answer about such things,  I am running Dave’s list.  If you are aware of any additional such seminars/conferences, please add them as a comment.   July 5-6, 2013 Law Risk and Management Strategy The Law Association for Asia and the Pacific Hong Kong…
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    Patent Law Blog (Patently-O)

  • Hitler on Patent Trolls

    Dennis Crouch
    18 Jun 2013 | 6:35 am
    Mark Summerfield has the newest version of Hitler on Patents:  via Patentology

  • Supreme Court Adds Antitrust Consideration to Patent Settlements.

    Dennis Crouch
    17 Jun 2013 | 9:34 am
    By Dennis Crouch FTC v. Actavis, Inc. (Supreme Court 2013) In a 5-3 Decision authored by Justice Breyer, the US Supreme Court has held that a rule-of-reason analysis applies to determine whether a reverse-payment patent settlement violates federal antitrust laws. The FTC had asked the court to go further and rule that reverse payments are presumptively unlawful. A major factual question going forward in patent-settlement antitrust cases will be whether the patentee settled its lawsuit in order to avoid testing a patent's weakness. Without additional pro-competitive benefits, such a settlement…

  • Guest Post by Paul Cole: ASSOCIATION FOR MOLECULAR PATHOLOGY v MYRIAD GENETICS – an isolated decision?

    Jason Rantanen
    16 Jun 2013 | 9:36 pm
    Guest Commentary by Paul Cole,Professor of Intellectual Property Law, Bournemouth University, and European Patent Attorney, Lucas & Co, Warlingham, Surrey, UK.   ASSOCIATION FOR MOLECULAR PATHOLOGY v MYRIAD GENETICS – an isolated decision? By Paul Cole[1]             How does the Supreme Court decision of 13 June 2013 match international opinion on the patentability of biological material? From a European and indeed from an Australian standpoint it can be said with some confidence: not so well.
 
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    Legal Talk Network

  • E-Discovery: Why You Should Go Native!

    admin
    13 Jun 2013 | 10:04 am
    It’s easy to get caught up in the fast-paced transition to paperless E-discovery review. Firms are now converting evidence into TIFF files. What’s a TIFF file? It’s just an easy way to manage and send large amounts of evidence, right? Wrong. On this episode of Digital Detectives, guest Craig Ball explains that a TIFF image turns the evidence into a small, non-searchable image. “They are not offering you the evidence in anything like the form in which they created and used the evidence.” Ball explained in a recent article, “ Instead, they propose to print everything to a kind of…

  • Keeping Up with the Cloud: Software, Social Media, and more.

    admin
    12 Jun 2013 | 11:15 am
    What started as a way to backup our hard drives is moving to how we access, what feels like, everything on our computers. On this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell will discuss the new trend of software by subscription. Instead of paying for an updated version of a new software product, companies are offering a monthly subscription which will immediately grant users access to the newest version via the cloud. Adobe and Microsoft are just two of the recent examples of vendors switching to this model. With so many lawyers and law firms using old versions of…

  • An Update on Long-Term Disability

    admin
    10 Jun 2013 | 8:33 am
    Long-term disability insurance can be a complex area of insurance law for lawyers and consumers.  On this edition of Ringler Radio, host Larry Cohen joins colleague Tony Robinson and guest, Deborah M. Nelson, Partner at Nelson Boyd PLLC, to give us a refresher course on long-term disability insurance. Deborah discusses the difference between other types of insurance policies, the application process for disability benefits and some of the common questions individuals have when it comes to long-term disability policies, especially when it comes to  the areas of traumatic brain injury and…
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    Patent Baristas

  • Supreme Court Issues Opinion on Myriad

    Stephen Jenei
    13 Jun 2013 | 7:44 pm
    In a unanimous decision, the Supreme Court ruled against Myriad Genetics saying that the company cannot patent natural DNA.  Association for Molecular Pathology et al., v. Myriad Genetics, Inc., et al.  (SCt 12-398_8njq; No. 12–398, June 13, 2013). The District Court concluded that Myriad’s claims were invalid because they covered products of nature. The Federal Circuit initially reversed, but on remand in light of Mayo v. Prometheus Labs, found both isolated DNA and cDNA patent eligible. The Supreme Court looked at only one question: Are human genes patentable? Now, the Supreme Court…

  • The Definitive Guide on Effective World-Wide Patent Prosecution and Opposition/Cancellation

    Stephen Jenei
    11 Jun 2013 | 1:14 pm
    American Conference Institute’s Advanced Summit on Global Patenting Strategy & Practice unites seasoned counsel with experience practicing in critical jurisdictions to share their wealth of knowledge and help you understand not only the mechanics of obtaining patents around the world, but also strategies for the most effective and efficient means of protecting IP in a global marketplace. Monday, July 15 to Tuesday, July 16, 2013 at the Carlton Hotel, New York, NY Representing companies in an array of industry sectors, expert faculty will address questions like: How do you select the…

  • White House Fact Sheet on Patents: We Hate Trolls!

    Stephen Jenei
    6 Jun 2013 | 7:46 am
    The White House announced plans for a set of executive actions President Barack Obama will take that are aimed at reining in certain patent-holding firms, known as “patent trolls.” [I]nnovators continue to face challenges from Patent Assertion Entities (PAEs), companies that, in the President’s words “don’t actually produce anything themselves,” and instead develop a business model “to essentially leverage and hijack somebody else’s idea and see if they can extort some money out of them.” These entities are commonly known as “patent trolls.” Likewise, the…
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    Religion Clause

  • Court Upholds Refusal To Allow Church To Run Religious Services In City Homeless Shelters

    Howard Friedman
    19 Jun 2013 | 5:49 am
    In Caractor v. City of New York Department of Homeless Services, (SD NY, June  14, 2013), a New York federal district court rejected free speech, free exercise and equal protection challenges by the head of the Discovered Being Ministry to New York's refusal to permit him to conduct Christian religious services inside city homeless shelters. The court concluded that homeless shelters are non-public forums and that "DHS’s decision to limit access to external organizations that either assist in providing shelter, aid shelter residents to find permanent housing, or provide services…

  • Federal Agencies Issue Guidelines For Houses of Worship In Developing Emergency Plans

    Howard Friedman
    19 Jun 2013 | 4:15 am
    The Obama Administration yesterday, at a White House event hosted by Vice President Biden, released  a progress report on executive action taken to reduce gun violence. Among the items highlighted by the White House is a new Guide for Developing High-Quality Emergency Operations Plans for Houses of Worship. The 32-page Guide, developed by six federal agencies, provides information for houses of worship in developing an emergency operations plan to deal with violence, arson and natural disasters. Religion News Service focuses particularly on the Guide's recommendations…

  • Preliminary Injunction Allows Religious College To Exclude Certain Contraceptives From Student Health Plan, Pending Final Decision

    Howard Friedman
    19 Jun 2013 | 4:10 am
    As previously reported, a challenge to the Affordable Care Act contraceptive coverage mandate by religiously-sponsored Geneva College is pending in federal district court in Pennsylvania. Yesterday in Geneva College v. Sebelius, (WD PA, June 18, 2013), the court granted Geneva College a preliminary injunction pending a decision on the merits or a decision in a similar case by the 3rd Circuit or U.S. Supreme Court. The injunction allows the College to exclude from coverage in its student health insurance plan abortifacients to which it has religious objections. According to the Pittsburgh…
 
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    LIKELIHOOD OF CONFUSION®

  • got what, now?

    Matthew David Brozik
    19 Jun 2013 | 5:28 am
    If you’re reading this, then the settlement check has cleared. But you’ll never believe who paid whom for what! My friend—whom I will call Bryan (not his real name)—has just wrapped up, with my personal and professional help, some odd dealings with the California Milk Processor Board. Yes, the “got milk?” people. Yes, because Bryan was parodying the “got milk” registered trademark (without “permission”). Yes, to promote a band. Yes, that band is Neutral Milk Hotel (which might or might not have been styled by a CIA band-name-generating computer algorithm). Bryan—aware…

  • Generic genericness

    Ron Coleman
    18 Jun 2013 | 7:42 am
    What is “generic genericness”?  I just coined the phrase.  It refers, I maintain, to a genericness defense against infringement made by the junior user of a trademark where the English word on which the defense is premised doesn’t, well, exist, but the defendant maintains that the mark is so generic-y — i.e., so much like other words that really do exist — that it should be treated as generic anyway. It is an intriguing argument, generically speaking.  But, it seems, a losing one, at least in this UDRP case reported by Gerald Levine: Trademarks gather…

  • Criminals drawn to IP business

    Ron Coleman
    13 Jun 2013 | 9:28 am
    Originally posted 2007-08-19 20:52:41. Republished by Blog Post PromoterNot surprisingly, professional crooks have figured if you can’t beat ‘em, join ‘em: Four enterprising prison inmates have been accused of trying to blackmail their way out of jail after they copyrighted their names and then demanded millions of dollars from jail officials for using them without permission.  [They] allegedly sent demand notices for payment to the warden of the El Reno federal prison in Oklahoma City and filed claims against his property. They then hired someone to seize his vehicles,…
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    Grits for Breakfast

  • Legislators blast prosecutor association for Twitter taunts

    Gritsforbreakfast
    19 Jun 2013 | 9:43 am
    The Texas District and County Attorneys Association was called out in the House Criminal Jurisprudence Committee today for "demagoguery" on its Twitter feed by Rep. Matt Schafer, while Rep. Steve Toth called their lobbyist Shannon Edmonds "totally disingenuous" and "dishonest" for some of his Twitter comments accusing committee members of being sympathetic toward cop killers. The episode reminded me of John Bradley's posts on the DA's user forum coming back to haunt him in the Senate Nominations Committee last session, except this essentially happened in real time, with Shannon tweeting from…

  • You have a right to remain silent, but only if you speak

    Gritsforbreakfast
    19 Jun 2013 | 5:09 am
    Terrible split SCOTUS decision in Salinas v. Texas. From now on, simply remaining silent in the face of police questioning is not enough to invoke one's Fifth Amendment rights. Under this ruling, one has to specifically say that's what you're doing. So you still have a right to remain silent, theoretically, but only if you speak. See the opinion recap from SCOTUSBlog and past Grits coverage.

  • On celebrity, the NSA, and the hypocrisy of DOJ perjury prosecutions

    Gritsforbreakfast
    18 Jun 2013 | 3:00 pm
    Not a Texas-specific issue, but this has been bugging me: Can anyone justify why the US Justice Department (unsuccessfully) tried to prosecute "Rocket" Roger Clemens for perjury but somehow James Clapper, the director of national intelligence, not only hasn't been indicted for blatantly lying to Congress about the NSA phone spying program, the Obama Administration and senior US senators are publicly praising him? At the time, Grits expressed dismay bordering on disgust that the DOJ would waste resources prosecuting athletes like Roger Clemens and Marion Jones over allegedly lying about…
 
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    Drug and Device Law

  • A Walk Around Primary Jurisdiction

    Steve McConnell
    19 Jun 2013 | 4:30 am
    Sunday was a pretty good day. It was both Father’s Day and Bloomsday.  June 16 is called Bloomsday because that is the day that Leopold Bloom and Stephen Daedalus wandered around Dublin in James Joyce’s Ulysses.  There is an all-day reading of Ulysses every June 16 at the Rosenbach Library in Philadelphia, the home of the original manuscript of the novel that many critics call the greatest of the 20th Century.  It’s been a long time since we read Ulysses, and we didn’t sneak a peak at even one page on Sunday.  Instead, the Drug and Device Law Daughter took her dad…

  • Pelvic Mesh Bellwethers Continued

    Michelle Yeary
    18 Jun 2013 | 11:09 am
                Today we discuss the second summary judgment decision entered in the pelvic mesh MDL bellwether cases.  Stay tuned for a Daubert decision coming soon.  And again, these posts come solely from the Dechert side of the blog.            This summary judgment ruling can be found at In re: Bard, Inc. Pelvic Repair Sys. Prods. Liab. Litig., MDL No. 2187, 2:11-cv-01224, 2013 U.S. Dist. LEXIS 78052 (S.D.W.V. June 4, 2013).  Not surprisingly, since we are talking…

  • The MDL Court Has Begun Issuing Pre-Trial Decisions on Bellwether Cases in the Pelvic Mesh Litigation

    John J. Sullivan
    17 Jun 2013 | 1:13 pm
    Four bellwether cases have been prepared for trial in the pelvic mesh MDL, and so the court has begun issuing pre-trial rulings.  Over the coming days (and later if further decisions come out), we’ll discuss a number of those rulings.  All of these posts, however, come solely from the Dechert side of the blog.Today, we have the court’s summary judgment decision in a bellwether case that originated in Mississippi.  In re: Bard, Inc. Pelvic Repair Sys. Prods. Liab. Litig., MDL No. 2187, 2:11-cv-00114, 2013 U.S. Dist. LEXIS 78059 (S.D.W.V. June 4, 2013).  The…
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    Crime and Consequences Blog

  • News Scan

    CJLF Staff
    18 Jun 2013 | 3:20 pm
    Oklahoma Murderer to be Executed: Convicted murderer James Lewis DeRosa is set to be executed at the Oklahoma State Penitentiary tonight at 6:00 p.m.  Rachel Peterson of McAlester News reports that DeRosa was convicted in 2001 on two counts of first-degree murder.  The Oklahoma Pardon and Parole Board denied DeRosa's request for clemency earlier this month by a vote of 3-2.    Update:  DeRosa was pronounced dead at 6:07 pm last night as reported here. Sentencing in Obama-Clinton Primary Fraud Scandal: Four Indiana Democrats who pleaded guilty in their state's…

  • Florida Gov. Signs DP Reform Bill

    Kent Scheidegger
    18 Jun 2013 | 7:16 am
    On Friday, Gov. Scott of Florida signed the relatively modest reform bill that passed the Legislature.  The primary fix in the bill is to address the delays in issuing warrants for execution after the judicial reviews of the case have concluded.  The postconviction review processes are not significantly changed, although the bill contains a reporting requirement for the courts.Mary Ellen Klas has this story for the Tampa Bay Times.  Among others, she quotes the ACLU reaction:"Gov. Scott came to Tallahassee to restructure our economy and drag us out of the recession, but if this…

  • News Scan

    CJLF Staff
    17 Jun 2013 | 9:24 am
    Supreme Court strikes down Arizona's new Voting Law:  An Arizona voter-approved proposition requiring proof of U.S. citizenship prior to voting registration was overturned today in a 7-2 ruling in the Supreme Court.  Bill Mears of CNN reports that Proposition 200 interfered with the National Voter Registration Act of 1993 which forbids states from demanding additional information beyond what is required on the federal voting registration form.  Arizona voters passed Proposition 200 in an attempt to prevent voter fraud.    Indiana Woman Sentenced to die at 16 to…
 
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    Crime Scene KC

  • Monday's open thread

    Tony Rizzo
    17 Jun 2013 | 4:00 am
    Welcome back to the Open Thread, our blog's space for off-topic comments and discussion. If you've seen an interesting story somewhere else, feel free to post a link below. As always, please follow our standard rules: Please sign your comments,...

  • Friday's open thread

    Tony Rizzo
    14 Jun 2013 | 4:00 am
    Welcome back to the Open Thread, our blog's space for off-topic comments and discussion. If you've seen an interesting story somewhere else, feel free to post a link below. As always, please follow our standard rules: Please sign your comments,...

  • One woman = 396 arrests

    Tony Rizzo
    13 Jun 2013 | 7:03 am
    Getting arrested appears to be her full-time job. And judging by her smile, she enjoys her work.
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    TalkLeft

  • Zimmerman Jury Selection: 40 Pass First Round

    Jeralyn
    18 Jun 2013 | 2:54 pm
    Round 1 of jury selection in the George Zimmerman case has concluded with 40 potential jurors passing for cause on the issue of pre-trial publicity. They are: B12 B29 B76 B7 B35 B37 B51 B86 E6 E40 E44 E73 M75 B61 B72 E22 E13 E28 K80 K95 P67 G14... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

  • Monday Open Thread

    Jeralyn
    17 Jun 2013 | 1:14 pm
    Big immigration news day: The Supreme Court strikes down Arizona's law requiring additional proof of citizenship for voter registration, and ICE raids and seizes 14 East Coast 7-Eleven stores . On the Supreme Court Case, the court held ... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

  • New Snowden Release: U.S. and U.K. Spied on Allies During G-20

    Jeralyn
    16 Jun 2013 | 9:16 pm
    The Guardian disclosed more information from Edward Snowden today. The U.S. and U.K. spied on their allies at the G-20 summit in 2009, by intercepting telephone lines and email. Foreign politicians and officials who took part in two G20 summit... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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    TheFunded Founder Institute News

  • Founder Institute Launches in 6th Continent, with Newest Chapter in Johannesburg, South Africa!

    17 Jun 2013 | 8:00 pm
    Today we are excited to announce our newest location, and first location in Africa - Johannesburg, South Africa!   With this new launch, the Founder Institute now operates across six continents. (Now, if we can just get someone to run an Antarctica chapter, we will have all seven continents covered!) The Founder Institute is a part-time, four month training program where aspiring entrepreneurs can launch a company with expert feedback and support from experienced startup CEOs, while not being required to quit their day job. In four years of operation, the Silicon Valley-based program has…

  • Founder Institute Officially Launches in India, with First Location in Bangalore

    17 Jun 2013 | 8:00 pm
    Today we are excited to announce the official launch of our newest location, and first location in India - Bangalore!   The Founder Institute is a part-time, four month training program where aspiring entrepreneurs can launch a company with expert feedback and support from experienced startup CEOs, while not being required to quit their day job. In four years of operation, the Silicon Valley-based program has launched over 800 companies across 40 cities worldwide, creating an estimated 10,000 new jobs.  The Bangalore chapter is just around the corner, as the 4-month…

  • Free #Startup Events this Week from the Founder Institute

    16 Jun 2013 | 10:15 pm
    We will be hosting a number of free events over the next few weeks, across several cities and countries.  These "Startup Bootcamps" are hands-on, intensive workshops that are modeled off a real Founder Institute session. In just three hours, the Founder Institute and leading local entrepreneurs will help you improve your ideas and pitching skills, come up with new ideas, and even recruit potential cofounders.  The Startup Bootcamps come in two different flavors; the Startup Ideation Bootcamp, which focuses on analyzing and dissecting your startup ideas; and…

  • This Week’s Must-Read Articles for Entrepreneurs

    15 Jun 2013 | 5:05 pm
    Each week we scour the web for insightful articles to share with the Founder Institute network. This week's top articles include Richard Branson on taking risks, Mark Suster on why your startup needs a sales methodology, what turns off investors, and more. Check out our must read articles for the week of June 10th - June 15th: Why Your Startup Needs a Sales Methodology Like most startup entrepreneurs, when I began my first company in 1999 I had no formal sales experience.I did have the wherewithal to visit potential customers and try to understand the pain points that I thought could be…

  • Apply to Pitch for Free at the 14th #FounderShowcase

    14 Jun 2013 | 11:30 am
    Are you the founder of an early-stage startup looking to get exposure and funding? Apply to pitch for free at the 14th Founder Showcase, taking place on Wednesday, July 17th, 2013 in Mountain View, CA. At Silicon Valley’s biggest early-stage international pitching event, you will have the opportunity to pitch to a judging panel of top Silicon Valley VCs in front of hundreds of investors and press.All early-stage companies that are less than 2 years old with less than $250,000 in funding are eligible to apply. Submissions must be received by 11:59pm PDT on Friday, June 14th, 2013, and…
 
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    SCOTUSblog

  • Merits cases remaining for October Term 2012

    Kedar Bhatia
    19 Jun 2013 | 5:39 am
    Following Monday’s decisions, there are fourteen merits cases from October Term 2012 that have not yet been decided. Although we do not know which decisions the Court will issue on which days, we expect the Court to issue all of these remaining decisions between tomorrow, Thursday, June 20, 2013, and the end of June, when the Court traditionally breaks for its summer recess. The cases below are arranged by the sitting in which they were argued; a list of the remaining cases arranged in alphabetical order is available here. October (1) Fisher v. University of Texas at Austin…

  • Relist Watch

    John Elwood
    18 Jun 2013 | 6:39 pm
    John Elwood reviews Monday’s relisted cases. As the world gathers at One First Street to watch the Term’s remaining blockbusters indelibly change life as we know it, life in the Relist Watch tidal eddy continues at its normal unrushed pace. Two of this week’s grants paid their dues in the Relist Watch bush leagues before getting the call to the majors.  Mount Holly v. Mount Holly Gardens Citizens in Action, Inc., 11-1507, the disparate impact Fair Housing Act case, first made an appearance here last fall, before the Court CVSG’ed.  Ditto (twice) for Law v. Siegel, 12-5196. The only…

  • Petition of the day

    Mary Dwyer
    18 Jun 2013 | 5:04 pm
    The petition of the day is: Grocery Manufacturers Association v. Environmental Protection Agency 12-1055Issue: (1) Whether prudential standing is jurisdictional, as the D.C., Second, and Sixth Circuits have held, or whether it is non-jurisdictional and can be conceded or waived by a defending party, as the Fifth, Seventh, Ninth, Tenth, and Federal Circuits have held; (2) whether, when Congress enacts a comprehensive and integrated statute governing a single subject matter, a group of petitioners whose interests Congress expressly identified and protected are in the “zone of interests” of…
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    Nuts & Boalts

  • Open Bar

    Armen
    11 Jun 2013 | 9:30 am
    In the comments, I'm seeing sporadic posts about studying for the Bar Exam...that wonderful experience.  If you feel like you're struggling, you're not alone, just read posts from years past around this same time period.  Anyway, this is just an open thread for people to ask questions, vent their anger, insult me personally, or anything else. 

  • Open Thread for ATL's Recent Post: "How Much Does Your Law Prof. Make? Berkeley Edition."

    SandyCohen
    25 Apr 2013 | 11:09 am
    There have been some rumblings. Some commentary. Some hashing out over social media. Here is an open thread.If you haven't seen it, the article is here and links to a corresponding more detailed list here.

  • "Darn. There goes my judo match with Putin."

    SandyCohen
    15 Apr 2013 | 11:45 am
    Say what you want about ThatWhichShallNotBeSpoken, this is hands-down the best response to a diplomatic sanction.John Yoo Barred from Russia, Could Give A Flying ... PigAnyone to provide an illustrated version of what a judo match b/w Yoo and Putin would look like will immediately be published. And lauded in whatever way they'd like. Submissions to nutsnboalts@gmail.com.
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    Larry Bodine Law Marketing Blog

  • Do Attorney Rankings, Ratings & Reviews Increase Likelihood of Being Hired?

    Larry Bodine
    17 Jun 2013 | 3:48 am
    Cindy Greenway, Editor in Chief of LawMarketing.com reached out to Carlton Dyce, Vice President of Peer Review Ratings and Client Review Services at LexisNexis Martindale-Hubbell to get his thoughts on the importance of attorney rankings. The topic of attorney rankings has been a hot one for several weeks.  We've heard some say that attorney rankings, ratings and reviews don't help attorneys connect with consumers  - we've also heard others say they matter a great deal. I reached out to Carlton Dyce, Vice President of Peer Review Ratings and Client…

  • How Google Authorship Can Help You Stand Out From The Competition

    Larry Bodine
    14 Jun 2013 | 7:25 am
    George Murphy, Owner at The Search Ninjas provided a guest post about Google Authorship. Google, which is still the preferred search engine for 67% of the United States according to Comscore’s latest report, launched their Authorship program in early 2012 in an attempt to help users differentiate between trusted, reputable authors, and web spammers. Many Internet marketers (myself included) believe that the Authorship program will play a big role in the search engine giant’s ranking factors in the near future, and to plan for this, you’ll need to know more about Google…

  • Client Testimonials Will Boost Your Law Firm's Web Campaign

    Larry Bodine
    13 Jun 2013 | 11:59 am
    Your law firm’s website can make prospective clients feel more comfortable about choosing your firm by providing them with testimonials from happy clients. With the prominence of review sites like Yelp, consumers expect to see comments from current "customers." Whether in written or video form, a positive testimonial from a satisfied client may carry as much weight as that $1 million verdict you won last year. And in the dawning age of social media sites, a testimonial can deliver real marketing clout on your law firm’s professional Facebook page. “Your prospective…
 
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    Robert Ambrogi's LawSites

  • How I Will Survive Without Google Reader

    Robert Ambrogi
    19 Jun 2013 | 5:59 am
    When Google announced that it would shut down Google Reader effective July 1, it was a double-whammy for me. Not only did I use Google Reader, but I also used a desktop program, FeedDemon, that synchronized with Google Reader. Right after Google made its announcement, FeedDemon’s developer, Nick Bradbury, announced that would mean the end [...]The post How I Will Survive Without Google Reader appeared first on Robert Ambrogi's LawSites.

  • LawSauce App Helps You Locate Legal Materials Worldwide

    Robert Ambrogi
    17 Jun 2013 | 6:29 am
    Two experts in legal research have developed an app for iOS and Android devices that they describe as like an international GPS for lawyers, helping you quickly locate the right web resource for a variety of legal research tasks. After trying it out over several days, I am impressed by how much it covers. In [...]The post LawSauce App Helps You Locate Legal Materials Worldwide appeared first on Robert Ambrogi's LawSites.

  • Dwight Opperman Dies, Former West CEO

    Robert Ambrogi
    13 Jun 2013 | 4:59 pm
    Dwight Opperman, the former CEO of West Publishing Co., died yesterday. Opperman became an editor at West shortly after his graduation from law school in 1951 and eventually rose to the top position. He was instrumental in the development and launch of Westlaw and in setting the company on a course from traditional book publisher to [...]The post Dwight Opperman Dies, Former West CEO appeared first on Robert Ambrogi's LawSites.
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    Wise Law Blog

  • 140 Law - Legal Headlines for Tuesday, June 18, 2013

    Rachel, Law Clerk
    18 Jun 2013 | 6:23 am
    Here are the leading legal headlines from Wise Law on Twitter for Tuesday, June 18, 2013: Zimmerman jury selection enters its second week The Supreme Court rules prosecutors can use a suspect’s silence as evidence of guilt US Supreme Court ruling could lead to far fewer mandatory minimum sentences Divorced Edmonton couple splits family home Law Blog Video: Obamacare Spurs Health-Care Lawyer Boom Supreme Court rules lawyers cannot solicit clients through DMV records YouTube (Part III) Notice and Take Down Safe Harbor Under the DMCA Implications of Canada’s Anti-SPAM Legislation (CASL) for…

  • 140 Law - Legal Headlines for Monday, June 17, 2013

    Rachel, Law Clerk
    17 Jun 2013 | 6:17 am
    Here are the leading legal headlines from Wise Law on Twitter for Monday, June 17, 2013: Lawsuit as Two Groups Rekindle Fight Over Anne Frank Legacy Man suing lawyers fights vexatious litigant ruling All Leaks Are Illegal, but Some Leaks Are More Illegal Than Others Federal judge strikes down Colorado marijuana magazine law Tennessee judge creates a stir by developing a dress code for female attorneys RCMP launch criminal probe of $90K cheque to Mike Duffy Fewer Online Marriages Result in Divorce Justin Trudeau offers to pay back all public speaking earnings AP: Secret to Prism program: Even…

  • 140 Law - Legal Headlines for Friday, June 14, 2013

    Rachel, Law Clerk
    14 Jun 2013 | 6:19 am
    Here are the leading legal headlines from Wise Law on Twitter for Friday, June 14, 2013: Soccer turban dispute affecting players of all ages Failure to pay annual bonus may be constructive dismissal in BC Biotech industry says Supreme Court’s gene ruling hurts innovation Ford scandal deepens with Toronto raids targeting gangs, guns and drugs Judges grill Arizona lawyer over anti-abortion law - Times Union Pamela Wallin: ‘I take full responsibility for this' Etobicoke superjail: 1,650 inmates, 2 rooms to meet their lawyers Tips for overcoming procrastination Black lawyers win Ontario…
 
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    DennisKennedy.Blog

  • Summer Vacation Tech and Browser Apps: New Podcasts

    Dennis
    31 May 2013 | 4:18 am
    Let me recommend two new episodes of The Kennedy-Mighell Report podcast in which Tom and I take a look at how technology can enhance your summer vacation and discuss the “other apps” – browser extensions, apps and plugins. These are are first two regular episodes after our blockbuster hundredth anniversary episode for the Legal Talk Network titled “Pardon Our 100th Interruption“.Here are the show descriptions:#102 – Summer Vacation Technology [LTN] [LTRC]Summer and vacation seasons are approaching. Some prefer to completely disconnect on vacation, while…

  • The Kennedy-Mighell Report: Pardon Our 100th Interruption

    Dennis
    29 Apr 2013 | 7:22 pm
    “Pardon Our 100th Interruption” is the title of the 100th episode of The Kennedy-Mighell Report podcast for the Legal Talk Network. Listeners who go back to the very beginning will know that there were six earlier episodes we did on our own that we like to refer to as the Lost Episodes since they are no longer available on the Internet or iTunes.Tom and I decided to adopt the format of one of our favorite podcasts, ESPN’s Pardon the Interruption, popularly known as “PTI,” for episode #100. When we launched the podcast in its current form, PTI was one of our…

  • New Podcasts: Creativity within Constraints and iPads for Litigators

    Dennis
    11 Apr 2013 | 6:18 pm
    Tom Mighell and I are getting ready to record the 100th Episode of our podcast, The Kennedy-Mighell Report, which is now appearing on both the Legal Talk Network and the ABA’s Legal Technology Resource Center. And it’s available in iTunes.We were pleased to meet some of our listeners at the recent ABA TECHSHOW in Chicago.We recently released episodes 98 and 99 and I wanted to recommend them to you. Here are the descriptions:#99 – Nourishing Creativity with Constraints [LTN] [LTRC]Hosts Dennis Kennedy and Tom Mighell are exploring a new social media outlet called Vine where users…
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    Amazing Firms Amazing Practices

  • Leadership Strategy from Gettysburg

    Gerry Riskin
    6 Jun 2013 | 9:37 am
      Some law firm leaders complain that they can't give orders in a partnership.  Gettysburg was proof that you can not get your orders obeyed even in the military if you are not a true leader. A number of weeks ago, I spent the day in the battlefields of Gettysburg with two retired army colonels. These leadership specialists guided an advanced entrepreneurial class from Penn State University (and me as a guest) for a leadership training day using the battlefield as an instructional tool. The tour was not strenuous (although some walking is involved) – and I…

  • Managing Client Perceptions of the Billable Hour

    Gerry Riskin
    1 Jun 2013 | 12:47 pm
    A recent op-ed piece in The New York Times by Northwestern University Adjunct Professor Steven J. Harper explores the challenges and drawbacks – both to law firms and their clients – of determining legal fees on the basis of hourly rates. The article is interesting, and well worth your consideration. Despite what Harper refers to as “the tyranny of the billable hour,” I do not believe that all law firms can stop using this method of calculating fees as of tomorrow morning. However, I do think that lawyers need to be able to communicate – one client at a time…

  • Emails That Get Results

    Gerry Riskin
    7 Apr 2013 | 11:53 pm
      I recently came across an excellent article in Inc. by Geoffrey James about writing effective emails. Lawyers have not traditionally been known for economy of language, but that is a skill we all must hone and put to use if we want to get results from digital communication. The Geoffrey presents six practical and clear steps that can help anyone to craft email messages that are direct and unambiguous, and which attract prompt and useful responses.   I encourage you to read it, and to put the six steps to use in your future emails. Geoffrey's suggestions may require a bit of…
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    LawBizBlog

  • LawBiz® Legal Pad: Training Your Partner

    Ed Poll
    13 Jun 2013 | 4:00 am
    What is the communication between you and your partner?

  • LawBiz® Legal Pad: Why Marketing Matters for Lawyers, Part 2

    Ed Poll
    6 Jun 2013 | 3:58 am
    Ed shares some thoughts on electronic marketing and offers ideas on how traditional marketing can help you stand out in the crowd. -You are more likely to be remembered, thus contacted, if you reach people on a personal level. -Differentiating yourself will lead to increased : --calls by clients and prospects --meetings --calls from the media --meetings -And most importantly: More money in the bank.

  • LawBiz® Legal Pad: Why Marketing Matters for Lawyers, Part 1

    Ed Poll
    30 May 2013 | 4:00 am
    Factors to Consider When Marketing You Firm: -Have a Marketing Plan -Consider the commonality between you and prospective clients. -Play the Numbers Game -The more people you can get in front of; the better the chance of someone engaging you. -Build a quality referral sources -Understand that people learn differently -Connect with other professions who share your market
 
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    the [non]billable hour by Matthew Homann

  • Clio Cloud (Un)Conference

    Matt Homann
    29 May 2013 | 6:03 am
    I’m excited to be partnering with Clio for their Cloud Conference in Chicago on September 23 & 24, 2013.  The kind folks at Clio have given me an entire “UnConference” track to host/curate/play with, and I will be developing two days worth of unique and fun ways for attendees to think, meet and learn together better during those times when they’ve decided to take a break from the rest of the amazing content. I’ll have more here (and on the Clio Blog) in the next few months.  Please join us.  Early-bird pricing ends on July 1. Matthew Homann delivers…

  • A Manifesto Worth Investing In

    Matt Homann
    25 Apr 2013 | 8:42 am
    I’m constantly running across great books written for non-legal audiences that contain amazing advice for lawyers.  Blair Enns’ new book The Win Without Pitching Manifesto (which you can buy or read online for free) is one of those books.  Some examples: We will not solve problems before we are paid: Our thinking is our highest value product; we will not part with it without appropriate compensation. If we demonstrate that we do not value our thinking, our clients and prospects will not. Our paying clients can rest assured that our best minds remain focused on solving their…

  • LexThink.1 Disruption Edition

    Matt Homann
    25 Apr 2013 | 7:11 am
      The 2013 Edition of LexThink.1 is in the books.  We had another standing-room-only crowd who heard some great ideas about “disruption” in the legal industry.  Thanks to JoAnna Forshee and Jobst Elster of InsideLegal for making this another great event! You can check out all the videos here, and my talk on the future of CLE  – titled “The Decline of the Machines, What the Unabomber Can Teach Us About Legal Learning” — is below.  Let me know what you think. Matthew Homann delivers meaningful, practice-changing experiences to lawyers -- both as…
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    Innocence Blog

  • Illinois Woman Exonerated of Son's Death

    18 Jun 2013 | 1:00 pm
    Photo Credit: Jennifer Linzer In February, Nicole Harris was freed from prison when her murder conviction in the death of her four year old son was overturned. On Monday she was fully exonerated when State's Attorney Anita Alvarez announced that she had decided to dismiss the charge against Harris. Harris spent nearly eight years at downstate Dwight Correctional Center. In the four months that followed her release, Harris was haunted by the threat of a retrial. Harris' son, Jaquari Dancy was discovered in his room by his father with a fitted bedsheet cord around his neck in 2005. Police…

  • Florida's Timely Justice Act to Speed up Executions Becomes Law

    17 Jun 2013 | 3:35 pm
    On June 14, over the objections of the Innocence Project and many other outspoken critics of the legislation, Florida Governor Rick Scott signed the Timely Justice Act into law. The Act will require the governor to sign a death warrant within 30 days of a review of a capital conviction by the State Supreme Court. The state will be required to execute the defendant within 180 days of the warrant. A recent Slate article by Emily Bazelon explains why the Timely Justice Act is so troubling: Since the mid-1970s, the state has executed 77 people. Florida has also exonerated 24 people who've been…

  • DNA Evidence Clears Missouri Man in Rape Conviction

    17 Jun 2013 | 2:50 pm
    A Missouri man was freed from prison Wednesday after a Jackson County judge ordered his release based on DNA testing that pointed toward his innocence and identified two real perpetrators who are now in custody. Robert Nelson was convicted of a 1983 home invasion and rape and sentenced to 70 years. Through the efforts of the Midwest Innocence Project, DNA testing was finally conducted on semen and hair evidence that was preserved since December 1983. Nelson began seeking post-conviction DNA testing in 2001, after the Missouri DNA access statute was passed. After determining the evidence was…
 
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    Peter Black's Freedom to Differ

  • Daily Twitter Links

    pete.black@gmail.com (Peter Black)
    8 Jun 2013 | 12:28 am

  • Constitutional law exam causes student to die from overstudy

    pete.black@gmail.com (Peter Black)
    5 Jun 2013 | 7:26 pm
    Every semester, I always like to share this story from the New York Times in 1900 about the constitutional law exam at the Harvard Law School that caused a student to die from "overstudy":   And if you're curious, this is the exam: Before my LWB242 Constitutional Law students start panic, rest assured one of my exams has never resulted in a student dying from "overstudy" ... yet.  Hat tip: Josh Blackman's Blog.

  • Best Australian law schools according to the QS World University Rankings

    pete.black@gmail.com (Peter Black)
    9 May 2013 | 1:12 am
    The QS World University Rankings 2013 for Law have been released. The QS World University Rankings is one of the few international rankings that also provide subject rankings, including for law.  While these rankings are always somewhat arbitrary and imprecise, they are nonetheless interesting.  As such, I have compiled a list of the best universities in Australia study law, according to the QS World University Rankings.  Sixteen Australian law schools made the list of the top 200 law schools worldwide (only 12 schools made the list last year):   1 . The University of Melbourne (5) 2.
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    Legal Blog Watch

  • Tenth Circuit Gives Man License to Sue Over 'Rain God'

    Laurel Newby
    12 Jun 2013 | 1:39 pm
    The U.S. Court of Appeals for the Tenth Circuit has revived a lawsuit by an Oklahoma man who objects to the image of a Native American sculpture on the state's license plates because its message conflicts with his Christian beliefs. The Associated Press reports that the court decided that Keith Cressman "can sue the state over its Indian 'rain god' license plate, ruling that the depiction of a noted sculpture on 3 million license plates could be interpreted as a state endorsement of a religion." (Turtle Talk, the blog for the Indigenous Law and Policy Center at Michigan State…

  • Law Firm's Viral TV Ad Leads to $1 Million Suit

    Laurel Newby
    11 Jun 2013 | 1:38 pm
    An actress who starred in a popular advertisement for a New York personal injury law firm has filed a suit alleging that the agency that produced the spot licensed the ad and her image to law firms around the country without her knowledge and without compensating her. She's seeking close to $1 million in compensation from the agency and the other law firms that licensed the ad. Elena Aroaz appeared in a 2009 advertisement for Trolman, Glaser & Lichtman that spoofed gold-digging personal injury plaintiffs. The ad, called "Machete," featured Aroaz sitting at a table discussing an…

  • Fifth Circuit Finds Breastfeeding Is 'Related' to Pregnancy

    Laurel Newby
    10 Jun 2013 | 2:11 pm
    While several new health studies concerning breastfeeding are making the rounds, the topic has also been generating headlines in the employment law context, thanks to a recent Fifth Circuit ruling (as reported in Texas Lawyer's Tex Parte Blog) involving the firing of a woman because she wanted to use a breast pump at work. According to the opinion, when Donnicia Venters spoke to her boss at Houston Funding about using a breast pump at work upon her return from maternity leave, her request was met with a long pause, then the news that her position had been filled. The Equal Employment…
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    UNDERDOG - Criminal/DWI Attorney for Fairfax/Northern Virginia/Md. & beyond.

  • Repeat after me: "I take the Fifth Amendment. I will remain silent."

    17 Jun 2013 | 9:00 pm
    By Fairfax County/Northern Virginia/Maryland/Beltway criminal defense lawyer Jon Katz. Defending DWI/ DUI/ Drunk Driving, drugs, marijuana/medical marijuana/cultivation, sex cases, felonies and misdemeanors. Fighting relentlessly for the best possible results for his clients. http://katzjustice.comMonday’s Supreme Court Salinas v. Texas case – when considering the plurality and dissenting views together –says that pre-arrest silence is inadmissible at trial when the suspect invokes his or her right to remain silent, but is admissible when the suspect merely falls silent without…

  • What happens when SCOTUS reviews its own First Amendment-violative limits on free expression inside and outside its building?

    16 Jun 2013 | 9:00 pm
    By Fairfax County/Northern Virginia/Maryland/Beltway criminal defense lawyer Jon Katz. Defending DWI/ DUI/ Drunk Driving, drugs, marijuana/medical marijuana/cultivation, sex cases, felonies and misdemeanors. Fighting relentlessly for the best possible results for his clients. http://katzjustice.comWhat happens if and when SCOTUS reviews its own First Amendment-violative limits on free expression inside and outside its building?On June 11, 2013, U.S. District Court Judge Beryl A. Howell (D.D.C.), on First Amendment grounds, struck down a statute used to arrest a man "wearing a sign…
 
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    Chicago IP Litigation

  • Northern District Releases Mobile App

    R. David Donoghue
    19 Jun 2013 | 3:15 am
    The Northern District has released a mobile app — click here to download it.  My initial suspicion was that it would not add much value beyond the Court’s mobile website, but I have been proven wrong.  The app is intuitive and seems faster to load then the mobile site.  It also provides fast access to the key information you want in a mobile app, like the daily call and the judges’ individual procedures.  I highly recommend that you try it out if you practice regularly in the Northern District.

  • 7th Cir. Judicial Conference: Northern District Judges Offer Practice Tips

    R. David Donoghue
    19 Jun 2013 | 3:02 am
    With a hat tip to the Chicago Daily Law Bulletin’s coverage of the 7th Circuit Judicial Conference, Northern District Judges Durkin, St. Eve, and Tharp offered several valuable practice tips for litigating before federal courts, that apply as well for IP litigators as for any litigator. Judge Durkin: Reduce litigation costs.  For example, there is no need to appear for brief status conferences, when you can appear by phone and cut out significant travel costs. Think carefully before filing summary judgment motions.  They are a “huge expense” and counsel have no reason not…

  • The State of the Northern District Remains “Good”

    R. David Donoghue
    19 Jun 2013 | 2:48 am
    Chief Judge Holderman offered his final State of the Court speech last month.  Judge Castillo takes over as Chief Judge July 1, 2013.  Here are the highlights from the address: “Filings are up and funding is down.”  While the state of the court is good, prposped further budget cuts and reduced funding may force reduced services in the future. For the fifth year in a row, overall civil filings were up . Jury trials dropped, going from 177 in 2011 to 168 in 2012. The combined jury trials for 2011 and 2012, however, are the largest number of trials in any two year period as far…
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    Ohio Employer's Law Blog

  • Employment Law Blog Carnival: The Summer Blockbuster Edition

    Jon Hyman
    19 Jun 2013 | 4:27 am
    It’s hard to believe, but the summer blockbuster—the high budget, slickly marketed, big action, and bigger box-office-return movie that has everyone talking—was born 38 years ago tomorrow. On June 20, 1975, Jaws hit theaters. It earned $470 million total, which, I don’t have to tell you, is a lot of chum, especially in 1975 dollars.  In hindsight, Jaws changed the film industry by changing how we go the the movies. There had been plenty of movies before Jaws that made lots of money, but after Jaws, movie studios began to plan their entire annual release schedule around the…

  • He’s a lumberjack and, apparently, he’s not okay

    Jon Hyman
    18 Jun 2013 | 5:15 am
    An employee who posed in Playgirl magazine is suing his former employer for sexual harassment, reports ABC News. 18 years ago, Daniel Sawka posed as a nude lumberjack in Playgirl. Sawka alleges that when his co-workers discovered the pictures online, they began teasing him with chants of “Timber!” According to Sawka’s lawsuit [pdf], the harassment included jokes about “his genitals, and a comment about what homosexual men viewing the photos … would be doing while viewing the photos.” Sawka also claims that his co-workers downloaded or viewed the photos during work hours and on…

  • Fox Searchlight case confirm that unpaid interns are a dying breed

    Jon Hyman
    17 Jun 2013 | 4:40 am
    Out of the millions of page-views this blog has received over the six-years of its existence, the most popular post (by an almost three-to-one margin over its closest competitor) is You should pay attention to this post if you have unpaid interns. In that post, I discussed a lawsuit filed by two unpaid interns who claimed that they should have been paid while working for Fox Searchlight pictures. Last week, the United States District Court for the Southern District of New York agreed. In Glatt v. Fox Searchlight [pdf], the Court applied the Department of Labor’s six-factor test and…
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    Negotiation Law Blog

  • The Taliban Cafe - War, Peace and Reconciliation

    Victoria Pynchon
    18 Jun 2013 | 11:54 am
    Today's good news from the New York Times - he Taliban has opened a political office in Qatar to recommence peace negotiations 18 months after it walked out of peace talks, accusing the U.S. of negotiating in bad faith. Today's bad news from the same source -"less than 24 hours after the Taliban opened an office for peace talks in the Gulf emirate of Qatar, the Afghan government on Wednesday backed away from even starting discussions with its adversaries and broke off talks on future military cooperation with the United States." Then the Taliban killed four Americans. PEACE TALKS AND HONOR…

  • The Taliban Cafe - War, Peace and Reconciliation

    Victoria Pynchon
    18 Jun 2013 | 11:54 am
    Today's good news from the New York Times - that the Taliban has opened a political office in Qatar to recommence peace negotiations that it broke off 18 months ago, accusing the U.S. of negotiating in bad faith. Today's bad news from the same source - "less than 24 hours after the Taliban opened an office for peace talks in the Gulf emirate of Qatar, the Afghan government on Wednesday backed away from even starting discussions with its adversaries and broke off talks on future military cooperation with the United States." Then the Taliban killed four Americans. PEACE TALKS Would that…

  • If You're Not Sponsoring Another Woman, You're Hurting Your Own Career

    Victoria Pynchon
    18 Jun 2013 | 11:32 am
    After teaching She Negotiates students about the importance of anchoring, I shared this story. I was negotiating a speaking fee with a women's bar association. I named my price and was told the organization couldn't pay it because it was the price they'd paid the previous year to the first woman U.S. Supreme Court justice. At the top of the next workshop session, one of our students opened with, "I'm mad at Sandra Day O'Connor." "For heaven's sakes, why?" "Because she anchored the fee for women speakers way too low." It was at that point that I really "got" the concept of rising tides…
 
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    idealawg

  • Is technology making us stupid—or smarter than we’ve ever been?

    StephanieWestAllen
    17 Jun 2013 | 7:19 am
    The title of this blog post is the first line in a new piece by Annie Murphy Paul titled "Rules for thinking with tech." She writes: Is technology making us stupid—or smarter than we’ve ever been? Author Nicholas Carr memorably made the case for the former in his 2010 book The Shallows: What The Internet Is Doing To Our Brains. This fall we’ll have a rejoinder of sorts from writer Clive Thompson, with his book Smarter Than You Think: How Technology Is Changing Our Minds For The Better. My own take: technology can make us smarter or stupider, and we need to develop a set of…

  • Miksang contemplative photography: Meditation with a camera

    StephanieWestAllen
    10 Jun 2013 | 5:51 am
    Intention and discipline are required to practice meditation with your camera. To learn more, watch this short video of Michael Wood talking about what gets in the way of seeing in the moment and how to overcome those obstacles. He also describes the process versus the result, control, appreciation, seeing clearly, and discovery.Note: If you can't read the haiku I put on my photo, it is below. Clicking on the image will make it larger, too.this world of dewis yes, a world of dewand yet . . .--Issa Kobayashi(I first saw the haiku in Haiku Mind: 108 Poems to Cultivate Awareness and Open…

  • Want to help yourself and others get more done (and enjoy the doing)? Here's an excellent method

    StephanieWestAllen
    9 Jun 2013 | 11:05 am
    If you want to support people, including yourself, in making changes or accomplishing goals, read The Progress Principle. The simple message: Research shows that if we can see our progress, no matter how small, we are motivated to keep on the path towards the change or goal. I can't tell you how many times I have recommended the book, or how many times people have read the book and then sent me a hearty "thank you."For a quick overview of the book, click to watch this video (99u) of coauthor Dr. Teresa Amabile. In it she mentions that a person can track their progress in many…
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    CKA Mediation and Arbitration Blog

  • Don’t Forget to Ask “Why?”

    Christopher Annunziata
    31 May 2013 | 7:14 am
    A mother walks in on her two children raising a ruckus in the kitchen. “What is going on?” she asks. Simultaneously, both children say, “I want the last orange.” The mother, unable to choose favorites, instinctively reaches for a knife and cuts the orange in half thinking this is the best way to placate both. But is it? The story continues that one child takes her half, squeezes the juice into a glass, and pitches the rind. The other child uses the rind of her half to make zest for a recipe and tosses the pulp. Even though both children got some of what they wanted, they missed out on…

  • Is Your Client’s Facebook Page Discoverable?

    Christopher Annunziata
    24 May 2013 | 7:09 am
    From a practical perspective, it would be naïve to assume that opposing counsel hasn’t already “Googled” your client looking for incriminating information, particularly on social networking sites like Facebook and Twitter. But many Facebook and Twitter users consider their information “private” and use the available privacy settings to limit those who have access. If information is not readily available to persons other than “followers” or “friends”, can your client be forced to produce their Facebook or Twitter account information? While it does not appear that this…

  • Being Neutral Does Not Mean Being Passive

    Christopher Annunziata
    20 May 2013 | 7:14 am
    Like most (if not all) other mediators, I begin my opening statement by explaining that I am a neutral party tasked with facilitating the parties’ settlement discussions. But what exactly does “neutral” mean? Even within the mediation literature, neutrality is a nebulous concept that means many things to many people. One thing is certain: a mediator who believes that being neutral means shuttling offers back and forth without comment or question is useless. In order to provide any value to the process, it is important for me to ask difficult, probing questions and discuss frankly…
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    CaseDetails.com

  • Google+’s New Design

    VanessaS
    27 May 2013 | 12:41 am
    At the recent Google I/O Conference in San Francisco, the world's most popular search engine unveiled a slew of changes and updates to its fledgling social network

  • The Difference Between Publisher and Author Tags — and Why It Matters

    VanessaS
    23 May 2013 | 2:01 am
    As a web publisher, lawyer and law firm marketer, you should learn about the difference between publisher and author tags for Google search results and Google+ business pages. This can have an impact on your firm's web business and visibility.

  • Three More Best Practices for Blog Posts in 2013

    LaurenL
    22 May 2013 | 6:56 am
    For those lawyers who didn't get enough of our tips in Best Practices for Blog Posts in 2013, here are a few more suggestions to put your blog ahead of the competition.
 
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    Privacy Law Blog

  • Rise of the Genome

    David Munkittrick
    14 Jun 2013 | 7:39 am
    David MunkittrickWe pack tons of personal and sensitive information in our DNA.  While the human genome has been mapped for a decade, legal issues of genetic privacy are just beginning to rise.  Earlier this month, the U.S. Supreme Court decided what Justice Alito described as “perhaps the most important criminal procedure case that this court has heard in decades.”  The case addressed whether police could constitutionally take a DNA sample from a person arrested for a serious crime, and in a 5-4 decision, the Court ruled that DNA collection serves the legitimate government interest…

  • Massachusetts Jury Finds Violation of Stored Communications Act and Massachusetts Privacy Laws

    Amy Crafts
    11 Jun 2013 | 9:40 am
    Amy CraftsIn January 2011, David Cheng (Plaintiff) filed a lawsuit against his former co-worker and fellow radiologist, Laura Romo (Defendant), alleging a violation of the Stored Communications Act (SCA) and Massachusetts privacy law.  After the U.S District Court of Massachusetts denied Defendant’s motion for summary judgment on both counts, the case went to trial and the verdict came down at the end of April.  The jury found that Defendant violated both the SCA and Massachusetts privacy law, and awarded Plaintiff damages totaling $325,000.  This case is significant in that courts have…

  • Colorado and Washington Join Growing List of States Prohibiting Employer Access to Employee Social Media Accounts

    Kevin Khurana
    23 May 2013 | 9:49 pm
    Kevin KhuranaColorado on May 12, 2013 and Washington on May 21, 2013 joined the likes of California, Maryland, Utah and New Mexico by prohibiting employers from requesting that prospective and current employees disclose their username and password to their personal social media accounts.  Our Labor & Employment group discussed the Colorado law here and the Washington law here.
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    Lawyers, Guns & Money

  • McConnell Threatens to Bring Democracy to United States Senate

    Scott Lemieux
    19 Jun 2013 | 9:13 am
    Harry Reid is making threats (probably, alas, not backed by enough of his perenially self-interested caucus) to change the rules to stop Senate minorities from denying the president the ability to staff the judicial and executive branches.   Mitch McConnell is responding with a threat to…make the rules even better: Today Mitch McConnell responded with a threat of his own: If Reid does that, whenever McConnell gets the majority, he’ll change the rules to allow a straight majority rule on everything. All I can say is, that’s even more reason for Senate Dems to invoke the nuclear…

  • Finally, Some More Incoherent Trooferism From Naomi Wolf!

    Scott Lemieux
    19 Jun 2013 | 5:11 am
    You may remember Naomi Wolf from such crackpot conspiracy theories as “I will assert without evidence that crackdowns on Occupy must be driven by the federal government, because how could such a thing be done by our benevolent local overlords?”  Well, she’s back, with an even better one: Edward Snowden is a stooge for the security state. Let us turn to the…not evidence.  Arguments?  No…sequences of words that are in some cases empty tautologies that could prove that anyone is guilty of anything (“Snowden can speak in complete sentences!”) and in…

  • Today in the Willful Failure of Republicans to Understand the Meaning of “Consent”

    Scott Lemieux
    18 Jun 2013 | 10:59 pm
    James Taranto.
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    Lawyers.com Blog

  • Why Planning for Divorce Is Essential

    19 Jun 2013 | 10:49 am
    DivorceFiling for divorce opens the door to a major life transition. Divorce affects a couple’s responsibilities in raising their children, their finances, their residence, taxes, property and debt division along with many other factors spouses may not be aware of until going through the divorce process. Planning aheadBy working with Boca Raton divorce attorneys well in advance of filing for divorce, a spouse can avoid unwanted and unforeseen consequences. Couples often spend years building a marriage and acquiring assets. It is not unreasonable to invest time in a well thought out plan…

  • Supreme Court: For right to remain silent, a suspect must speak

    19 Jun 2013 | 6:57 am
    Supreme Court: For right to remain silent, a suspect must speakfrom The Christian Science Monitorhttp://www.csmonitor.com/USA/2013/0617/Supreme-Court-For-right-to-remain-silent-a-suspect-must-speak?nav=87-frontpage-entryNineItem
 
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    Connecticut Employment Law Blog

  • Black Swans and Trojan Horses: Why That Internship Program May Not Be Legal

    Daniel Schwartz
    18 Jun 2013 | 6:52 am
    Daniel SchwartzLast week, a federal judge in New York ruled that unpaid interns on the movie “Black Swan” should have been paid for their work, under the Fair Labor Standards Act (FLSA). You can download the decision in Glatt v. Fox Searchlight here.  The court relied on the six factors that have been outlined by the U.S. Department of Labor before. I talked about these factors in a 2012 post and they are worth reviewing again: The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational…

  • CBA Annual Meeting: Resources on Social Media & Employment Law

    Daniel Schwartz
    17 Jun 2013 | 5:18 am
    Daniel SchwartzThis afternoon, I’ll be speaking to the Connecticut Bar Association’s Annual Meeting on a topic that is familiar to blog readers: The Intersection of Employment Law and Social Media. If you’re attending, please stop by to say hi. There are a few resources that I’ll discuss in the presentation that I would recommend here: First, there is a terrific new law review article by Professor Christine Neylon O’Brien that summarizes the “top ten” NLRB cases dealing with social media. It is both current and thorough.  You can download it here. …

  • Employee Who Changed Word Secretly in Severance Agreement Allowed to Proceed With Discrimination Claim

    Daniel Schwartz
    12 Jun 2013 | 6:19 am
    Daniel SchwartzThrow out the release? The situation is a common one. Employer terminates the employment of an employee. Employer provides a severance agreement with its signature already affixed.  Employee signs it and returns the agreement to the employer. Employer, likely reviewing just the signature, pays the severance. But here’s where things get interesting. Employee then sues the employer for discrimination. Employer says, “wait a minute”, the employee already signed a release. Except the employee has the equivalent of baseball’s hidden ball trick up her…
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    CaseDetails.com

  • Google+’s New Design

    VanessaS
    27 May 2013 | 12:41 am
    At the recent Google I/O Conference in San Francisco, the world's most popular search engine unveiled a slew of changes and updates to its fledgling social network

  • The Difference Between Publisher and Author Tags — and Why It Matters

    VanessaS
    23 May 2013 | 2:01 am
    As a web publisher, lawyer and law firm marketer, you should learn about the difference between publisher and author tags for Google search results and Google+ business pages. This can have an impact on your firm's web business and visibility.

  • Three More Best Practices for Blog Posts in 2013

    LaurenL
    22 May 2013 | 6:56 am
    For those lawyers who didn't get enough of our tips in Best Practices for Blog Posts in 2013, here are a few more suggestions to put your blog ahead of the competition.
 
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    Special Education Law Blog

  • Bullying of Kids With Disabilities - Part IV

    Jim Gerl
    14 Jun 2013 | 8:05 am
    Some guys doing intimidation in Instituto Regional Federico Errázuriz, Santa Cruz, Chile (Photo credit: Wikipedia) Bullying remains the hottest of hot button issues in special education law.  In the first installment, I explained the early cases laying the conceptual groundwork for the proposition that failure to react to bullying can constitute a denial of FAPE under IDEA.  In a later installment, I discussed the seminal decision of TK & SK ex rel LK v. New York City Dept of Educ 779 F.Supp.2d 289, 56 IDELR 228 (E.D.N.Y. 4/25/2011).  This case is…

  • Dueling Children Left Behind? Major Parties Offer Different ESEA Reauthorization Bills

    Jim Gerl
    12 Jun 2013 | 3:58 pm
    English: President Lyndon B. Johnson signing the Elementary and Secondary Education Act (Photo credit: Wikipedia) The Elementary and Secondary Education Act, better known as The Artist formerly known as No Child Left Behind, is way due for reauthorization.  Although the Act was blended with IDEA in the NCLB incarnation, that may or may not change when ESEA is finally reauthorized. In what can hardly be called breaking news, the two major political parties introduced one or two versions each of a reauthorization bill for ESEA last week. They did not agree! Here is a statement by the…

  • Bullying of Kids With Disabilities - Part III

    Jim Gerl
    5 Jun 2013 | 1:05 pm
    Some states in the United States have implemented laws to address school bullying. Law prohibits bullying of students based on sexual orientation and gender identity Law prohibits bullying of students based on sexual orientation only School regulation or ethical code for teachers that address bullying of students based on sexual orientation Law prohibits bullying in school but lists no specific categories of protection No statewide law that specifically prohibits bullying in schools (Photo credit: Wikipedia) Bullying remains the hottest of hot button issues in special education law.  In…
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    Drug Injury Watch

  • Cancer of The Pancreas: Possible Side Effect For Diabetics Who Use Byetta, Januvia, Or Victoza?

    Tom Lamb
    12 Jun 2013 | 12:50 pm
    Diabetes Doctors And Drug Safety Watchdog Group Express More Concern Than Ever Following June 2013 BMJ Medical Journal Article (Posted by Tom Lamb at DrugInjuryWatch.com In mid-March 2013 we wrote this article, "Emerging Drug Safety Issue: Possible Increased Risk Of Pancreatic Cancer With Byetta, Januvia, And Victoza -- Little Is Known About Long-Term Effects", which has received alot of attention since then, especially recently, due to the growing controversy about whether these relatively new type diabetes drugs might cause pancreatic cancer. We will start with the most recent development,…

  • Summer 2013 Bayer Lawsuits Update: YAZ, Yasmin, Ocella, And Gianvi Lawsuits Continue To Be Settled, With New Cases Being Filed

    Tom Lamb
    6 Jun 2013 | 1:11 pm
    Bayer Financial Report Shows That More Than 2,500 Venous / Blood Clot Cases (DVT and/or PE) Do Not Have Settlement Agreements As Of April 15, 2013 (Posted by Tom Lamb at DrugInjuryWatch.com)From the "Product-related litigations" section of the most recent Bayer Stockholders’ Newsletter -- setting forth the company Financial Report as of March 31, 2013 -- we get the following information about the ongoing litigation involving the drospirenone-containing (DRSP) birth control pills YAZ, Yasmin, Beyaz, Safyral, Gianvi, and Ocella: Yasmin™ / YAZ™: As of April 15, 2013, the number of…

  • Depakote Or Depakene Taken During Pregnancy May Cause Congenital Malformations Or Birth Defects Such As Neural Tube Defects Like Spina Bifida

    Tom Lamb
    31 May 2013 | 9:26 am
    In Addition, There Are FDA Warnings That Using Depakote Or Depakene While Pregnant May Put Child At Risk For Having A Lower IQ Score Later In Life (Posted by Tom Lamb at DrugInjuryWatch.com Depakote and Depakene are prescription medicines from AbbVie Inc. (formerly Abbott) used: • to treat manic episodes associated with bipolar disorder• alone or with other medicines to treat:     • complex partial seizures in adults and children 10 years of age and older     • simple and complex absence seizures, with or without other seizure types• to prevent migraine headaches A Black…
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    Bankruptcy Home Blog

  • Student Loan Expense Not Considered in Means Test

    Chic
    19 Jun 2013 | 8:11 am
    Visit www.bankruptcyhome.com for the original content posted here, Student Loan Expense Not Considered in Means TestA means test was instituted in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. The idea of the bankruptcy changes was to make it harder for serial filers to abuse the system while offering token protection for consumers. … Continue reading →

  • Learning to Build an Emergency Fund Post Bankruptcy

    Chic
    17 Jun 2013 | 8:21 am
    Visit www.bankruptcyhome.com for the original content posted here, Learning to Build an Emergency Fund Post BankruptcyA lot of people who have filed for bankruptcy protection have a hard time in learning how to build an emergency fund. In their past lifestyle, many used the credit card for their emergency fund protection. What is the ideal … Continue reading →

  • How Incurring Debt Can Help You in a Chapter 7 Bankruptcy

    Chic
    14 Jun 2013 | 8:18 am
    Visit www.bankruptcyhome.com for the original content posted here, How Incurring Debt Can Help You in a Chapter 7 Bankruptcy  It may seem strange to the debtor who is considering filing for bankruptcy protection to hear that incurring debt can help them into a chapter 7 bankruptcy instead of being forced to file a chapter 13.   A blogger … Continue reading →
 
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    Dallas Criminal Defense Lawyer Blog

  • "This system is all about money isn't it"- Typical Defense Client

    16 Jun 2013 | 11:24 am
    A pair of stories highlight how much our criminal justice system has been taken over by unrestrained government greed. When I talk to a defendant about the costs of the average DWI plea, the $450 court costs, the $1,000 fine,$50 a month for community service, the $3,000 surcharge, most are shocked. Then I tell them how court costs are really a regressive tax for all kinds of special projects. The fine is the county's take, the probation fee is a make-work program for the local government, and the surcharge is the result of politicians taxing the group least likely to complain or organize.

  • Kaufman County Court at Law- New Rules

    25 May 2013 | 3:14 pm
    Clients of mine who have experienced the criminal justice system in multiple Texas counties are often surprised by how different the process is in each locality. The Penal Code and the Code of Criminal Procedure are the same across the State. However, judges still have a lot of discretion in how they run their docket. For example, how many resets do you get in a court before you must plea or set the case for trial? What time does docket start? What forms do you need to get a plea done? Does the client have to show up at each hearing? It's important for lawyers and defendants to know what they…

  • Dallas County Bond Schedule

    23 May 2013 | 3:49 am
    Most criminal defendants never planned on getting arrested. But if you are a forward looking recreational drug user or retailer, It may help to know how much bail money you need to set aside when LEO shows up. I've attached a copy of the Dallas County recommended bond schedule to help you plan ahead. bond schedule.docx
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    undercoverlawyer.com

  • Do Nurses in a Hostile Work Environment Have a Duty to Second Guess the Doctor?

    UndercoverLawyer
    15 Jun 2013 | 4:46 pm
    When a patient sues a doctor, the patient often wants to sue the nurses too. Why? Because if the patient can convince the jury that not only the doctor, but also the nurses, made a mistake then the doctor’s insurance and the hospital’s insurance are on the hook. It’s about finding as many deep-pockets as possible. Often times, the nurses didn’t make any mistakes. The nurses are supposed to follow the orders given by the doctor. And they usually do. So how can a patient and his/her lawyer sue a nurse who simply followed doctor’s orders? One of the most frequent tactics is by claiming…

  • Hey Grinch Bosses: No Holiday-Time Terminations!

    UndercoverLawyer
    26 Nov 2012 | 4:49 pm
    No employee should be terminated after the first week of December until after New Years. This is because any employer who fires an employee during this period will be the embodiment of Scrooge in the eyes of a jury. There’s really no acceptable reason for an employee to get terminated during this holiday time period, outside of theft. And even then, if the employee was stealing in order to put food in the mouth of Tiny Tim, the employee still gets a pass. In other words, no terminations during December. Period. If the employee does something so incomprehensibly bad that they must be kept…

  • Your Comments: Does Living Through a Hostile Work Environment Feel Like Being a POW?

    UndercoverLawyer
    15 Jul 2012 | 7:02 pm
    So many of you replied to the my last article, about how living through a hostile work environment feels like living through a prison camp, that I decided to post some of the most insightful and heartfelt responses.  (I asked their permission too).  Some people think I went too far, but most of you were supportive of the point I’m trying to make: that feeling trapped by a bullying abusive boss leads to the same feelings of panic, desperation, and even PTSD that prisoners of war feel. The actual physical experiences are NOT the same. The feelings are very similar. Without further ado,…
 
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    Law is Cool

  • INDEPENDENT OFFICE OF PROFESSIONAL RESPONSIBILITY: GREATER POWER & ACCESS TO RESOURCES MUST BE BALANCED WITH GREATER RESPONSIBILITY AND INSPECTION OF PUBLIC LAWYERS SUCH AS PROSECUTORS

    Soroush Seifi
    10 Jun 2013 | 8:31 am
      Introduction What is the proper scope of state power and its agent the public lawyer in Criminal law?  Moreover, are there enough incentives for public lawyers such as prosecutors to remain vigilant in upholding their higher duty?  This paper will consider the emergence of contemporary debates about criminalisation in the context of a concern with concepts such as over-criminalisation.  It will look at the possibility of creating narrowly defined prosecutorial discretion and policy making with oversight from an independent administrative body. It is possible to imagine a system that…

  • Chess Master, You May Approach the Bench

    Ivan Merrow
    8 Apr 2013 | 6:37 pm
    Ever want to take on an opponent in court from the comfort of your living room?  This legal themed chess set might provide an outlet. “Approach the Bench” was designed by a lawyer’s son as a gift to his dad.  After realizing there aren’t many legal-themed chess sets out there, the man behind the idea decided to make his own. From the website: The chessboard is uniquely “stepped” to resemble a jury-box and a bench…  handcrafted from cold cast bronze and Italian stone tile. You can also see Lady Justice as the Queen, a bailiffs as knights, attorneys as…

  • Go Home? Unlikely

    Contributor
    20 Feb 2013 | 8:45 am
    via Rob Pollak  
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    Real Lawyers Have Blogs

  • Blogs are not social media?

    Kevin O'Keefe
    19 Jun 2013 | 11:18 am
    Minneapolis lawyer and business development//practice management coach, Roy Ginsburg, writes this morning that “there is nothing particularly “social” about [blogs].” Ginsburg was questioning why blogs would be included in recent reports that in-house counsel’s use of social media was at an all time high. In his own review of in-house counsel’s use of social, Ginsburg, rightfully so, relies heavily on the 2013 survey on in-house counsel’s use of new media by Greentarget (@greentarget), the Zeughauser Group, and Inside Counsel Magazine (@insidecounsel).

  • Top 10 in Law Blogs: DMV Records in Class Actions, 3D Printing & IP, Summer Sabbatical

    Colin O'Keefe
    18 Jun 2013 | 5:30 pm
    The topic of 3D printing always conjures up the same jokes: “Hey, so I can just download a car and print that now, right? Some sneakers? It’ll be just like torrenting music, hah!” But the reality is, there’s certainly going to be some major intellectual property issues with 3D printing, as the team at MofoTech highlights today. Total posts on the LexBlog Network today: 185. Supreme Court Nixes Use of DMV Records to Solicit Class Action Plaintiffs Washington, DC lawyer Ronald Wick of Cozen O’Connor on the firm’s blog, Class Action Defense Review Courts Struggle…

  • Do law firms worry needlessly about SEO?

    Kevin O'Keefe
    18 Jun 2013 | 12:58 pm
    It may by viewed as blasphemy to raise this question. Legal marketing companies may disparage LexBlog and I for my seemingly discounting SEO. But I am serious. This morning Lydia Bednerik (@lydiabednerik), Marketing Director at Oakland law firm Wendel Rosen, shared on Facebook a post about black hat SEO techniques still working. To her credit, Bednerik implied she’d continue with her content strategies and not head down the black hat route. In response, I shared that I don’t think it’s worthwhile for good lawyers and good firms who get their work via relationships and strong…
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    Securities Docket

  • SEC to Require Admissions of Wrongdoing in Settlements of Most Egregious Cases – Compliance Week

    Securities Docket
    19 Jun 2013 | 8:46 am
    The SEC made some news yesterday at the Wall Street Journal CFO Network conference, as Chairman Mary Jo White announced that the agency will now begin requiring admissions of wrongdoing from defendants in its enforcement actions in certain circumstances. The announcement is a significant change in course from the SEC’s long-standing–and increasingly criticized–policy of allowing defendants to enter into “neither-admit-nor-deny” settlements of such actions. via SEC to Require Admissions of Wrongdoing in Settlements of Most Egregious Cases – Compliance Week

  • SEC to Seek More Admissions of Fault – WSJ

    Securities Docket
    19 Jun 2013 | 6:13 am
    The Securities and Exchange Commission intends to make companies and individuals admit wrongdoing as a condition of settling civil charges in certain cases, or be forced to fight the charges in court, the agency’s Chairman Mary Jo White said Tuesday. The move marks a watershed change to the SEC’s decades-old policy of allowing companies and individuals to settle charges without admitting or denying liability…. Decisions will be made on a “case-by-case” basis, Ms. White said. But she added the agency intends to target cases of egregious intentional conduct or…

  • Video: Former KPMG Partner’s Frank Interview on Courthouse Steps Should Be Wake Up Call – Compliance Week

    Securities Docket
    18 Jun 2013 | 6:51 am
    Former KPMG partner Scott London’s frank and remorseful interview outside of the federal courthouse in Los Angeles where he was arraigned on insider trading charges should become required viewing at Big 4 compliance training sessions. via Video: Former KPMG Partner’s Frank Interview on Courthouse Steps Should Be Wake Up Call – Compliance Week
 
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    ipandentertainmentlaw.wordpress.com

  • Trademark Basics Part 4: After Trademark Registration

    ipandentertainmentlaw
    18 Jun 2013 | 10:30 am
    In Part 4 of Trademark Basis we explore what happens after you secure a trademark registration.  Feel free to review Part 1 “Selecting a Trademark,” Part 2 From Selection to Application,” and Part 3,  “Intent to Use.” Q:   When should I use the ™ symbol or the ® symbol? A:         After federal registration the mark should be identified with the symbol.  Do not use the prior to issuance of the Federal Registration. While the federal application is pending ( from one to two years), the trademark should be identified with the TM symbol. Use the mark…

  • Trademark Basics Part 3: Intent to Use

    ipandentertainmentlaw
    13 Jun 2013 | 10:26 am
    In part three of Trademark Basics we explore “intent to use” trademark applications, interstate commerce, and common law rights in trademarks.  You may be interested in Part 1 on “Selecting A Trademark,”  Part 2 “From Selection to Application,” and Part 4 “Post Registration.” Q:        What is “intent to use”? A:         If you have not yet used the trademark, but plan to do so in the future, you may file an application with the United States Patent and Trademark Office (USPTO) based on a good faith or bona fide…

  • Trademark Basics Part 2: From Selection to Application

    ipandentertainmentlaw
    10 Jun 2013 | 10:22 am
    This post is Part 2 of Trademark Basics. Take a look at Part 1 here on selecting a trademark.  You may also be interested in Part 3 on “Intent To Use” and Part 4 on “Post Registration.” Q:  How does the trademark application process work? A:  Develop a list of possible names and discuss this list with your trademark lawyer. Your trademark attorney will conduct a trademark search or “knockout” to exclude any existing marks that are identical or confusingly similar and to assist in determination if the proposed mark may be generic or descriptive. Determine…

  • Stone Temple Pilots Trademark and Band Dispute

    ipandentertainmentlaw
    6 Jun 2013 | 11:20 am
    The three remaining original band members of the Stone Temple Pilots sued expelled member Scott Weiland in May 2013 claiming breach of their written partnership agreement, breach of fiduciary duty and trademark infringement. Weiland was voted out of the group in February 2013.  The four group members operated under a written band partnership that allows a partner to be ousted  for numerous reasons, including not making the band a top priority.  The complaint provides a look at the various ways in which Weiland was not putting the band first and how he was subsequently…

  • Johnny Football vs Juanito Futbal Trademark Likelihood of Consumer Confusion

    ipandentertainmentlaw
    5 Jun 2013 | 10:59 am
    Texas A&M University football star and Heisman Trophy winner Johnny Manziel is a couple of quarters into legal battles over the trademark “Johnny Football.”   Part 1 of this post focuses on the battle at the court-house against defendant Eric Vaughan for selling unauthorized “Johnny Football” t-shirts. This post focuses on the initially refusal from the US Patent and Trademark Office for the mark JOHNNY FOOTBALL.  Johnny Manziel and his entity JMAN2 Enterprises, LLC filed an application on February 2, 2013 as joint owners of a trademark application for JOHNNY FOOTBALL for…
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    Furniture Law Blog

  • Stop Infringement At The Border

    5 Jun 2013 | 6:31 am
    In today's home furnishings marketplace, the importation of goods is a reality that every manufacturer deals with whether they import or not. The importers are often blamed for bringing infringing goods into this country (a reputation that is not altogether undeserved). For manufacturers or importers, it is important to remember that proceedings before the International Trade Commission ("ITC") are an important tool to stopping infringing items from ever entering this country.ITC proceedings are instigated in Washington, D.C. by the holder of intellectual property rights. The ITC has…

  • When Is A Couch, Just A ... Sofa

    7 Mar 2013 | 7:09 pm
    The New York Times recently ran article focusing on couch style and quality. The article, written by Steven Kurtz, may be found here. Kurtz does a superb job of explaining the of what's "under the hood" on a couch and what separates a $13,000 sofa from $599 couch. Included is a great graphic on sofa construction. While Kurtz doesn't expressly address legal issues, the article's discussion of the work and effort put into high-end sofas explains why high-end manufacturers protect their product. The protection may take the form of design patents as well as policing the marketplace for any…

  • U.S. Opens Door to International Application for Industrial Designs

    6 Mar 2013 | 7:01 pm
    Guest post by Womble Carlyle attorney David Crowe.The U.S. is now set to become a member of the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs.  The ‘Hague Agreement’ provides a system of international registration for industrial designs.  Once the U.S. becomes a party, U.S. inventors of designs will be able to file a single application with the World Intellectual Property Organization (WIPO) that will have the effect of a registration in the member states selected by the applicant.  The goal of this single application…

  • So, Can You Make A Barcelona Chair Now?

    6 Mar 2013 | 6:40 pm
    We had a reader inquire recently about the status of the litigation involving Knoll and its claim to trade dress rights in the iconic Ludwig Mies van der Rohe Barcelona chair. Our past post on the litigation can be found here. Here's an image of Knoll's chair:We checked the docket in the Knoll case and report that it settled in 2010 with a stipulated permanent injunction that prohibits the accused infringers from making, selling, or importing into the U.S. any products that are configured like or "substantially identical" to the products shown in Knoll's asserted trademark registrations. The…

  • Your Hotel Desk Chair May Be Patented

    20 Feb 2013 | 5:03 pm
    On February 13, 2013, Global Allies, LLC brought an infringement action against Charter Furniture Corp. for infringement of U.S. Design Patent No. D622,987. Case No. C-13-0651 (JCS) (N.D. Cal.). A figure from the '897 patent is shown below.The '897 patent is a reminder that even seemingly utilitarian items, such as "task chairs," can potentially be subject to design patent protection. However, the utilitarian nature of any design might limit the scope of the design patent or, in a worse case scenario for the patentee, render the patent invalid. The innovative designer will work with patent…
 
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    Marquette University Law School Faculty Blog

  • Milwaukee: The $5,000 House and Other Thoughts

    Mike Gousha
    18 Jun 2013 | 3:20 pm
    I was having lunch the other day with someone who works in city government, and we were talking about the serious foreclosure problem in Milwaukee. He was lamenting the fact that in some of the poorest sections of the city, the housing market is fundamentally broken. Homes, now owned by the city, can be purchased for as little as $5,000 and yet they still aren’t selling. If you want some sobering evidence of the magnitude of the nation’s housing market collapse and the impact of the Great Recession, check out the listings. They’re stunning, really. Mayor Tom Barrett estimates the…

  • The Value of Trial Experience to a Young Lawyer

    Emily Lonergan
    18 Jun 2013 | 8:29 am
    As a new lawyer, I struggled to come up with blog topics. Being only two years out of law school, I don’t pretend to have near the amount of knowledge or experience as the frequent contributors and readers of this blog. I contemplated a post about the recent United States Supreme Court decision in Missouri v. McNeely, but Dean O’Hear would cover that topic in a much more eloquent and researched fashion. I then contemplated a post about the privacy implications regarding the recent news on the NSA collecting phone records (or even more recently—the criminal defendants demanding the…

  • So Long, Harris — Breyer’s on Board

    Michael M. O'Hear
    18 Jun 2013 | 7:41 am
    Yesterday, in a long-anticipated move, the Supreme Court finally overturned its 2002 decision in Harris v. United States. The new decision in Alleyne v. United States extended jury-trial rights to mandatory minimum sentences. Justice Breyer’s “flip” from his position in Harris made the difference. In Apprendi v. New Jersey (2000), the Court held that a defendant has a right to a jury trial regarding the facts that may increase the maximum sentence to which he is exposed. Breyer dissented in Apprendi and has steadfastly maintained ever since that Apprendi was wrongly decided. Two years…

  • A Response to the Claim of Chinese Sovereignty Over Okinawa

    Ryan Scoville
    17 Jun 2013 | 8:28 am
    According to recent news reports, a growing group of Chinese officials and scholars has commenced a semiofficial campaign to challenge Japanese sovereignty over Okinawa. This is of course in addition to the widely publicized Chinese efforts to challenge Japanese control over the Senkaku / Diaoyu Islands. The basis for the claim to Okinawa appears to be a combination of early history and the Cairo Declaration, which the United States, China, and the United Kingdom issued in 1943 to help prepare the post-war order in East Asia. The argument goes like this: Okinawa and the other Ryukyu Islands…

  • SCOTUS: No Automatic Reversal of Conviction When Judge Improperly Participated in Plea Discussions

    Michael M. O'Hear
    13 Jun 2013 | 1:19 pm
    Federal Rule of Criminal Procedure 11 sets forth various requirements and prohibitions relating to guilty pleas, including a ban on judges participating in plea discussions. If there is a violation, Rule 11(h) specifies that a “variance from the requirements of this rule is harmless error if it does not affect substantial rights” — no harm, no foul. However, at least two circuits have adopted a rule of automatic vacatur of the guilty plea if the judge participated in plea discussions. Other circuits, including the Seventh, have applied the general 11(h) harmless error rule in these…
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    California Employment Law Report

  • What To Do In Response To Receiving Private Attorneys Generals Act Notice Sent To The Labor and Workforce Development Agency (LWDA)

    Anthony Zaller
    7 Jun 2013 | 11:17 am
    The Private Attorneys General Act (PAGA) is a Labor Code provision that permits aggrieved employees to recover civil penalties that are only recoverable by the California Labor and Workforce Development Agency (LWDA) and the Labor Commissioner. PAGA expands the scope of penalties available through wage and hour lawsuits.  PAGA is sometimes referred to as the “bounty-hunter law” because it allows a plaintiff to recover these civil penalties that were only recoverable by the Labor Commissioner, but it requires that the plaintiff provide 75% of the civil penalties recovered to…

  • 7 Items A Company Needs To Do After Being Sued In A Wage And Hour Class Action

    Anthony Zaller
    29 May 2013 | 9:02 am
    Being named as a defendant in a class action lawsuit can be overwhelming, especially for a quickly growing company. However, with planning, a company can minimize the impact of the litigation on its existing operations and put forth the best defense. Here are seven items a company can do as part of this planning process when it is first notified of an existing lawsuit. 1. Contact employment counsel. A lawyer who has experience in employment law and class actions should be contacted as soon as possible. There are certain deadlines that begin to run when a lawsuit is filed, and any delay could…

  • Finding the Next Steve Jobs - Nolan Bushnell

    Anthony Zaller
    20 May 2013 | 1:38 pm
    Who was the first person to recognize Steve Jobs’ potential and offer him a job? It was Nolan Bushnell. By the way, Bushnell is also the founder of Atari, co-inventor of the video game Pong, founder of Chuck E. Cheese, and is a serial entrepreneur. Given Bushnell’s track record in business, and having the badge of honor of the first person to hire Steve Jobs is more than enough evidence that managers, CEO’s, and human resources personnel should listen to his thoughts on hiring. Bushnell’s recently published book, Finding the Next Steve Jobs, sets forth what he refers…

  • Reporting Time Pay - Aleman v. AirTouch

    Anthony Zaller
    29 Apr 2013 | 4:07 pm
    Employees of AirTouch who worked for the cellular provider filed a putative class action alleging that the AirTouch employees were entitled to additional wages under California’s “reporting time pay” requirements. The plaintiffs alleged that they were owed reporting time pay for days on which they were required to attend store meetings, which lasted only a short period of time, but were not scheduled to work after the meetings. California law requires an employer to pay “reporting time pay” under the applicable Wage Order, which states: Each workday an employee…

  • 5 compliance issues California employers need to audit at least once a year

    Anthony Zaller
    20 Mar 2013 | 10:29 am
    Your company has updated its employee handbook, but the work is not over in California. Here are a few reminders of additional steps employers should review after conducting a handbook update and on a periodic basis. Of course this list is not comprehensive, but it comprises of a few items that sometimes take a backseat to the employee handbook update. 1. Ensure wage notice statements are issued and are correct. Labor Code section 2810.5 requires employers to provide written notice to employees about specific employment items. For example, the law requires that employers provide notice to…
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    Social Security Disability Lawyer

  • Appeals Council Status report coming online in August

    Maine Social Security attorney Gordon Gates
    14 Jun 2013 | 10:21 am
    The status of a representative's claims at the Appeals Council will be added to SSA's online Appointed Representative Services in August. Deputy Commissioner Glenn Sklar made that announcement at the Spring NOSSCR Conference. This is welcome news. One of the frustrating aspects of dealing with the Appeals Council is that there is not a good way to check the status of a claim. A claim can easily be at the Appeals Council for a year or more, and that is a long time without a way to check status. Further, no one wants to be at the Appeals Council in the first place, since you ususally…

  • Going to NOSSCR

    Maine Social Security attorney Gordon Gates
    14 May 2013 | 7:24 am
    I will be attending the Spring conference for the National Organization of Social Security Claimants' Representatives (NOSSCR) being held this week in Washington, D.C. There is almost always something noteworthy to share from the conference, and I will have a blog post or two about it soon. I look forward to seeing friends and colleagues, and if you are a reader of this blog, please say hello.

  • ALJ Names are Back

    Maine Social Security attorney Gordon Gates
    22 Apr 2013 | 7:44 am
    As promised, the SSA has updated its online services for representatives to include the name of the administrative law judge (ALJ) assigned to claims at the hearing level. Just log in to your online services account, go to Electronic Records Express (ERE) Home, and select "Get Hearing office Status Report." Both the "quick view" version and the spreadsheet version of the report now include the name of the administrative law judge assigned to each claim.

  • ALJ names now available

    Maine Social Security attorney Gordon Gates
    3 Apr 2013 | 9:01 am
    The "secret ALJ" policy implemented in late 2011 has come to an end. For the past year and a half or so, the particular administrative law judge (ALJ) assigned to your disability case was not disclosed prior to the day of the hearing. It was a terrible policy, and now the policy has changed. Ask the name of the judge assigned to your hearing, and the hearing office staff will tell you. Starting the weekend of April 20th, the assigned ALJs will be listed on ARS, the SSA's online service for representatives. After that weekend, hearing notices will include the name of the…

  • 2012 Initial and Reconsideration Allowance Rates by State

    Maine Social Security attorney Gordon Gates
    2 Apr 2013 | 4:00 pm
    I am always intrigued by the differing DDS allowance rates among the several states. Take a look at the SSA's table showing 2012 allowance rates by nation, region and state (link opens 3-page PDF). Is your state above or below the national average? And has the rate changed since last year? Check out the 2011 DDS allowance rates. 
 
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    The Rainmaker Blog

  • Why You Should Give Away Your Best Advice to Grow Your Business

    Stephen Fairley
    18 Jun 2013 | 1:18 pm
    Hardly a day goes by where I don’t give away a good idea for free. Whether it’s here on my blog or during one of my appearances, I freely give attorneys the best possible ideas for growing their practices. And the result? In the past few years, we have grown by leaps and bounds, past my wildest expectations. We’ve had to expand our physical space and staff up to the point where I am now heading up a 55-person company. And I started it all by giving away my best advice. So why are attorneys so reluctant to share their best knowledge with…

  • 7 Ways a Rainmaker Retreat is Different From Every Other Legal Marketing Seminar

    Stephen Fairley
    17 Jun 2013 | 12:09 pm
    1. Specifically Designed for Owners and Managing Partners at Small Law Firms and Solo Practitioners. While Associates, Of Counsel, and Partners at large firms (50+ attorneys) are welcome to attend and will receive benefit from attending, the Rainmaker Retreat is specifically designed to meet the needs, challenges, and financial budgets of solo practitioners and small law firms. You won’t find any strategies that cost tens of thousands of dollars in this seminar. In fact, many of our strategies have little to no cost and with many of them we will tell you how to trade more of your time…

  • Happy Father's Day! Are You Donald Draper or Homer Simpson?

    Stephen Fairley
    16 Jun 2013 | 9:00 am
    Wishing a Happy Father’s Day to all the Dads out there with this amusing infographic to help you determine what kind of TV dad you most resemble: Get All the Law Firm Marketing Strategies You Need to Create A 7-figure Law Practice with Rainmaker In A Box: Volume 2! Newly released! Rainmaker in a Box: Volume 2 includes: 8 Proven Steps for More & Better Referrals
 Discover the proven step-by-step system used to double your referrals from current and former clients and how to build a network of strategic referral partners. Top attorneys have used this exact system to double…

  • One-Third of Americans Now Own a Tablet Computer

    Stephen Fairley
    15 Jun 2013 | 9:00 am
    A new report released earlier this week by the Pew Research Center’s Internet & American Life Project shows that in just the past three years, the percentage of Americans who own tablet computers has gone from just 3% to 34%, with more affluent households leading the way in adoption: The fastest growing groups for tablet ownership include more affluent households making over $75,000 a year, college graduates as well as adults between the ages of 35 and 44, especially parents.  In the past year, tablet ownership among parents with minor children living at home, rose from 26% to…

  • Developing a Profitable Niche for Your Law Practice

    Stephen Fairley
    14 Jun 2013 | 12:23 pm
    For years I have talked about how niches lead to riches – that by finding a niche and filling a specific need will bring more clients to your door and put more money in your pocket. Nancy Fox, the founder of The Business Fox and author of Networking Like a Fox, was recently interviewed by LawMarketing.com Editor in Chief Cindy Greenway to talk about the benefits of niche marketing for lawyers: Here’s another bonus from LawMarketing.com: click on this link for a great free report on 15 Strategies for Attorneys to Increase Google Rank, Control Online Reputations and Maximize…
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    Defending People

  • Friedman, Freedom, and Temporary Safety

    Mark Bennett
    12 Jun 2013 | 10:38 am
    Thomas Friedman is a boob. I worry about [another 9/11] even more, not because I don’t care about civil liberties, but because what I cherish most about America is our open society, and I believe that if there is one more 9/11 — or worse, an attack involving nuclear material — it could lead to the end of the open society as we know it. If there were another 9/11, I fear that 99 percent of Americans would tell their members of Congress: “Do whatever you need to do to, privacy be damned, just make sure this does not happen again.” That is what I fear most. Privacy is freedom. I’m…

  • Prosecutor Gives Good Advice; is Fired.

    Mark Bennett
    7 Jun 2013 | 3:46 pm
    From MySanAntonio.com: A Bexar County assistant district attorney has been fired following an incident in which she was mentioned in a friend’s driving while intoxicated arrest report for advising him not to submit to a breath test. She’s also accused of badging the arresting officer. And “P then told (him) to take a personal recognizance bond that she had in the wallet that contained her identification and badge.” (Wait, what? Prosecutors get to carry get-out-of-jail-free cards? To share with their friends?) But it’s apparently the good legal advice she gave that got her canned: As…

  • What Was Roger Thinking? Five Hypotheses

    Mark Bennett
    29 May 2013 | 9:28 am
    Chris Green, chosen to be a juror in a non-death capital murder case in the 338th District Court of Harris County, Texas, googled “capital murder” before opening statements began, and didn’t like what he found. He decided that there was a “very real danger of retribution” if the jury convicted Amezquita of capital murder and he got the automatic life sentence that is mandatory when the State is not seeking death. Never mind that the danger of retribution is not “very real,” but rather entirely imaginary. I don’t know when there was last retribution against someone for his jury…

  • Andrew DeLuca’s Delusion

    Mark Bennett
    27 May 2013 | 3:01 pm
    Here’s baby lawyer Andrew DeLuca’s pitch: It is these peo­ple that have grown tired of your eso­teric legal posts, that we as attor­neys rep­re­sent. How do you represent someone effectively when you can not connect with them? The type of perspective that is only learned by life experience or lifetimes of experience and allows us to connect with our clients fears, their hopes and their outlook on life that has been shaped by the influences and opportunities, or lack thereof, that they had growing up in much different place than you or Leo. It is my humble opinion, in the practice of…

  • SB187: Panic in Austin

    Mark Bennett
    25 May 2013 | 8:49 am
    (tl;dr version: Texas prosecutors think that only they know justice; they want to take power out of the hands of the community; they intend to pass an unconstitutional law and apply it unconstitutionally ex post facto to do so; and they don’t care what lies must be told to get it done.) Texas’s capital-murder sentencing scheme provides for a choice between death and life without parole for all defendants. In the 2005 case of Roper v. Simmons the U.S. Supreme Court took the death penalty off the table for murderers who committed their crimes before age eighteen, leaving Texas with life…
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    a public defender

  • Narcotics field tests subject to Daubert and other tales of scientific evidence

    Gideon
    19 Jun 2013 | 6:46 am
    In an opinion released two days ago in State v. Anthony Martinez [PDF], the CT Appellate Court held – in what was apparently an issue of first impression – that those narcotics field tests that officers do to determine whether the “powdery white substance” was indeed cocaine and not talcum powder are subject to the standards “enumerated” in Daubert v. Merrell Dow Pharmaceuticals. In CT, that standard was adopted in State v. Porter and challenges under Daubert are called “Porter challenges” or “Porter hearings”. Prior to Daubert, the…

  • Silence as guilt and the silent death of the Fifth Amendment

    Gideon
    18 Jun 2013 | 4:15 am
    Consider the following scenario: you’re walking down the street to your favorite microbrewery when a police officer stops you. “Excuse me”, she says. “Do you live around here?” “Yes, yes I do.” “Have you heard seen any strange people hanging around here?” she follows up. “No, not really.” Maybe you have your hands in your pocket; maybe you’re wearing a hoodie; maybe you’re a minority. “Did you break into that apartment there and steal a TV?” she asks, accusingly. Now, maybe you’re a smart person,…

  • 33 years in jail is a technicality

    Gideon
    13 Jun 2013 | 6:48 am
    People always complain that “criminals” “get off” because of “technicalities”. It’s a great jab and like the best of them, it’s short, it’s catchy and it’s completely ass-backwards. So in order to counter this, a cottage industry of sorts has sprung up, utilizing the phrase “The Constitution is Not a Technicality”. You can buy stickers and t-shirts and notepads and whatnot. Because it really isn’t a technicality. What people mean when they say “he got off on a technicality” is that there was a rule of…

  • J’Accuse, or: why you really shouldn’t trust the government

    Gideon
    13 Jun 2013 | 4:15 am
    If you see something, say something. Edward Snowden did and now apparently the country’s atwitter about whether Big Brother is so in the Orwellian sense or in the run of the mill older brother who knows better and looks out for you so the other kids don’t pick on you sense. Many of you – a full 37% according to one survey – are quite okay with Uncle Sam having a complete record of your lives. Some of you even go beyond that; so far as to say that you’d be okay with giving your Government your DNA. Some of you have argued that we need to appease the Government…

  • Since you asked: why the Government spying on you is your fault

    Gideon
    6 Jun 2013 | 4:15 am
    It seems now that our government is spying on us. The NSA, once concerned with foreign intelligence, is using the Foreign Intelligence Surveillance Court to get subpoenas that require cell phone companies to had over the cell phone records of all its customers. The order itself is secret. This is happening to you – if you are a Verizon “customer” – without your knowledge. The government now knows everyone who you called and who called you starting on April 25. Why? I don’t know and the way things have been since 2001, I suspect they don’t have to give a…
 
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    ICBC Personal Injury Claims Lawyer Erik Magraken | Victoria & Vancouver Island BC

  • Raising the Bar for “Resposive” Independent Medical Exams

    emagraken
    19 Jun 2013 | 7:52 am
    While the BC Supreme Court can order a Plaintiff to undergo an independent medical exam to allow the opposing party to obtain a ‘responsive’ report, a clear evidentiary foundation must exist in order for such an application to succeed.  Unreported reasons for judgement were recently released by the BC Supreme Court, Vancouver Registry, demonstrating this. In the recent case (Becker v. Zetzos) the Plaintiff was injured in a collision.  In support of his claim he served a report from a physiatrist.   As trial neared the Defendant sought an order requiring the Plaintiff to undergo…

  • $25,000 Non-Pecuniary Assessment for Largely Recovered Soft Tissue Injury

    emagraken
    18 Jun 2013 | 7:56 am
    A pattern that is sometimes seen with soft tissue injuries is that of significant recovery with a lingering occasional flare up of symptoms.  Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, assessing damages for such an injury. In this week’s case (Lumley v. Balilo) the plaintiff was involved in a 2009 rear end collision.  The defendant admitted fault.  The Plaintiff suffered soft tissue injuries which largely recovered in 9 months but occasionally flared with activity.  In assessing $25,000 for her non-pecuniary damages Madam Justice Baker…

  • Lay Opinion Evidence Addressing An Athlete’s Potential

    emagraken
    17 Jun 2013 | 7:58 am
    Reasons for judgement were recently shared with me addressing the scope of permissible lay witness opinion evidence addressing an athlete’s potential to advance in a professional sport. In the recent case (Albert v. Politano) the Plaintiff was a professional boxer who suffered a hand injury in a collision.  One of the issues canvassed at trial related to the Plaintiff’s potential to succeed in his sport.  Ultimately a jury awarded the Plaintiff substantial damages for diminished earning capacity and this verdict survived appellate scrutiny. In the course of trial the Court was…

  • Boundaries of Lay Opinion Evidence Discussed by BC Supreme Court

    emagraken
    14 Jun 2013 | 7:24 am
    Generally opinion evidence is only admissible at trial by a duly qualified expert.  One exception to this rule relates to lay witnesses being able to provide a Court with opinions in limited circumstance.  Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, discussing this exeption. In this week’s case (American Creek Resources Ltd. v. Teuton Resources Corp.) the litigants were involved in a commercial dispute.  In the course of trial  the President of the Defendant company wished to provide the Court with certain opinions.  In addressing this…

  • Damages Must Flow From Aggravations of Pre-Existing Injuries

    emagraken
    13 Jun 2013 | 7:23 am
    Reasons for judgement were released this week by the BC Court of Appeal confirming that judges must award damages when pre-existing conditions are aggravated in part due to a tortious cause. In this week’s case (Sangha v. Chen) the Plaintiff was involved in a 2005 intersection crash.  Both the Plaintiff and Defendant were at fault for the incident.   The trial judge assessed damages on the basis that the Plaintiff sustained a two year soft tissue injury.  At the time of trial the Plaintiff had on-going chronic pain which was rooted in chronic depression which pre-dated the accident.
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    Federal Employment Law Articles

  • Fourth Circuit Strikes Down NLRB’s Notice-Posting Rule as Beyond NLRB’s Statutory Authority under NLRA

    18 Jun 2013 | 10:00 pm
    The National Labor Relations Board exceeded its authority by issuing a rule requiring all employers subject to the National Labor Relations Act to post a notice informing employees of their rights under the NLRA, the U.S. Court of Appeals for the Fourth Circuit has ruled. Chamber of Commerce of the U.S., et al. v. NLRB, No. 12-1757 (4th Cir. Jun. 14, 2013). Affirming summary judgment in favor of the Chamber of Commerce of the United States and South Carolina Chamber of Commerce (collectively, “the Chamber”), the Court held the NLRA only authorizes the NLRB to “carry out its statutorily…

  • Eyeball your signature. Are you a narcissist?

    18 Jun 2013 | 10:00 pm
    It is always reassuring when research supports what you already believe. I read with interest an article in the May 2013 issue of the Harvard Business Review, "Size Does Matter (in Signatures)" — although I always thought that HBR was above that sort of headline.

  • Top 11 Litigation Tips in the History of the Universe

    18 Jun 2013 | 10:00 pm
    According to our most recent survey, the absolute No. 1 workplace legal issue at the moment is how to prevent and manage litigation.

  • Do New Massachusetts Supreme Court Decisions on Class-Action Waivers in Arbitration Agreements Foreshadow the U.S. Supreme Court’s Anticipated Amex Decision?

    18 Jun 2013 | 10:00 pm
    Two recent decisions by the Massachusetts Supreme Judicial Court (“SJC”) illustrate the application of the concept, adopted by some courts, that arbitration agreements with class action waivers can be invalidated “where the plaintiff can demonstrate that he or she lacks the ability to pursue a claim against the defendant in individual arbitration,” without violating the principles set forth by the U.S. Supreme Court in AT&T Mobility LLC v. Concepcion. The SJC’s reasoning and conclusions are similar to and an extension of the Second Circuit’s opinion in In re American Express…

  • Do You Have to Pay Summer Interns?

    18 Jun 2013 | 10:00 pm
    Summer has arrived and many employers have already supplemented their operations with student interns, but the question we see crop up repeatedly is, “do I have to pay interns?” In the last few years, with a more competitive job market and corporate focus on reducing costs, we have seen an increase in the use of unpaid interns. Unfortunately, not all internships can be unpaid.
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    Florida Estate Planning Lawyer Blog

  • Man without will dies and State may get 40 Million

    26 May 2013 | 2:45 pm
    Forbes has reported that nearly 2.5 million Americans die each year without a will. While many states have default rules that define who will receive your assets, sometimes they do not cover your specific circumstances. Richard Blum, a Holocaust survivor and New York real estate developer appears to be one such example. If you die without a will or living trust ("intestate"), state law will determine how your assets which are subject to probate are distributed, and the result may not be what you would want. In Florida this generally means your probate assets will go to your spouse, then your…

  • The Advantages of Living Trusts: 6 Ways a Living Trust can Benefit Your Estate Plan

    14 May 2013 | 6:50 am
    Probate can have the reputation of being a nightmare, and many hate the idea of going through this process. If the idea of transferring your assets through probate daunts you, then you will be happy to know that living trusts can avoid probate. The probate process is usually more expensive and time consuming than having a living trust set up to transfer assets. Moreover, a living trust has many more advantages than skipping probate. An estate-planning attorney can discuss with you the specific advantages that a living trust will bring to your estate plan and can assist you with setting up one…

  • The Future of Estate Planning: The Multigenerational Life Plan

    9 May 2013 | 1:20 pm
    Over the last year I worked with an intern in our office of a Law Review article for Texas Tech University. This article describes problems with current estate planning and takes the premise that most estate planners have become lazy because of advancements in technology. That is, most only ask their clients about issues that their software is capable of addressing. We identify 6 primary areas that are not addressed in most estate plans: Firearms;Digital Assets;Asset Protection;Life Planning;Controlling from the Grave; andPets The citation for the article is David Goldman & Charles Jamison,…

  • 3 Important Reasons to Use an Estate Planning Attorney to Create a Durable Power of Attorney

    9 May 2013 | 7:35 am
    A Durable Power of Attorney (DPA) allows you, the "principal", to designate someone, the "agent", to act on your behalf. Depending on the DPA, your agent will have authority to oversee your financial affairs or your medical treatment. Having a DPA is a good idea, but only if it is done properly. Otherwise, a DPA will probably not serve its intended purpose and it might create additional problems. To avoid this, contact an estate-planning attorney to assist you with this issue. Meanwhile, this blog discusses three important reasons to hire an estate-planning attorney to draft your DPA. 1. A…

  • 6 Quick Questions to Help You Effectively Decide When is a Trust Better than a Will in Florida

    7 May 2013 | 6:29 am
    A Florida Will is one of the most basic estate-planning documents. A Will allows the grantor to devise his or her property with very limited encumbrances; however, there are issues that are better addressed with other estate-planning documents - like a Trust. If you are debating whether to use a Trust or a Will, then this blog will help you. However, it is wise to seek assistance from an estate-planning attorney before making a decision. What is a Will? A Will is a written instrument, signed by the decedent and at least two witnesses in each other presence, that fulfills the requirements of…
 
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    Slaw

  • DPLA and HathiTrust Launch Partnership

    Kim Nayyer
    19 Jun 2013 | 10:59 am
    Yesterday the Digital Public Library of America launched a partnership with HathiTrust, marrying the preservation mission of one with the access strengths of the other. The partnership will have the DPLA—itself only a couple of months post-launch—employ HathiTrust's metadata to improve discoverability of and access to that content in HathiTrust that is in the public domain or otherwise freely available. HathiTrust's own discovery and access platform will continue to develop as well. As has been noted previously here and elsewhere, HathiTrust preserves a fair amount of content…

  • Internships and Wages

    Geneviève Lay
    19 Jun 2013 | 10:41 am
    A recent decision by a New York federal judge has raised a number of issues concerning unpaid internships. It was decided in this case that two interns working on the set of the film Black Swan should have been paid, given that the work they accomplished did not meet the six criteria used for determining that an internship may be unpaid, as published in a fact sheet by the U.S. Department of Labor (which are interestingly the same criteria published by the Ontario Ministry of Labour): 1. The internship, even though it includes actual operation of the facilities of the employer, is…

  • Anti-Spam Law – Update on Timing

    David Canton
    19 Jun 2013 | 9:03 am
    On Monday I chaired a joint LSUC /IT-Can afternoon on IT privacy law. One of the panels was on the anti-spam act, including representatives from the CRTC and Industry Canada. While there is no clear implementation date yet, Industry Canada expects the final Industry Canada regulations will be out in late summer or early fall. When those come out, an implementation date will be announced. Industry Canada is recommending that there be an implementation delay of several months to allow business to comply, but that decision is ultimately in the government's hands. The legislation is very…

  • Making Progress

    Karen Dyck
    19 Jun 2013 | 7:28 am
    Today, the Women Lawyers Forum of the Manitoba Bar Association is gathering to honour and celebrate women appointed to the Bench in Manitoba or retiring from the Bench. Celebrating Success is an annual event to acknowledge the contribution these members of the judiciary have made to our profession, and to the cause of gender equality. The event today recognizes Judge Cynthia Devine and Judge Margaret Wiebe, both appointed to the Provincial Court and Madam Justice Diana Cameron, promoted to the Court of Appeal from the Court of Queen’s Bench. While it is always a lovely evening, I find…

  • New: Journal of Open Access to Law

    Simon Fodden
    19 Jun 2013 | 6:10 am
    A brand new peer-reviewed academic journal has just come into being and is issuing a call for papers. The Journal of Open Access to Law (JOAL) is a project of Cornell's Legal Information Institute (LII), the Italian National Research Council's Institute of Legal Information Theory and Techniques (ITTIG-CNR), and the Institute of Law and Technology (IDT) of the Autonomous University in Barcelona. From the main web page: JOAL is an open-access, peer-reviewed academic journal of international scope. Its purpose is to promote international research on the topic of open access to law.
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    Virtual Law Practice

  • Video: ReInvent Law Presentation

    slkimbro
    14 Jun 2013 | 8:01 am
    This is the video of my “ignite-style” presentation at the ReInvent Law Conference in Silicon Valley a couple months ago. I’m speaking at a super fast pace about branded networks, lawyer advertising, and online delivery of legal services. Stephanie Kimbro – Consumer Law Revolution from ReInvent Law Channel on Vimeo.

  • Writing, Writing and More Writing

    slkimbro
    12 Jun 2013 | 10:53 am
    A few articles to note and a request for leads: A Symposium on Justice, Lawyering and Legal Education in the Digital Age will be held by Chicago-Kent College of Law this week in conjunction with the CALI’s 2013 Conference for Law School Computing. Richard Granat and I co-wrote an article entitled The Teaching of Law Practice Management and Technology in Law Schools: A New Paradigm, for the symposium which has been published in the law school’s law review. I also wanted to point out Will Hornsby’s article in this journal entitled, Gaming the System: Approaching 100% Access…

  • Online Legal Marketplace Book Release

    slkimbro
    10 Jun 2013 | 11:11 am
    My new book about the online legal marketplace, Consumer Law Revolution, was released today from the publisher and pre-orders should be shipping this week. I’m excited to share this book with the legal profession. It dives into an area that is growing in practice and where we don’t have clear, established best practices to guide us. The online legal marketplace naturally involves technology and the unbundling of legal services, but also new forms of online lawyer advertising and collaboration with non-lawyer legal service companies that provide online marketing tools and platforms…

  • Virginia State Bar Publishes Virtual Law Office Ethics Opinion

    slkimbro
    7 Jun 2013 | 9:44 am
    The Virginia State Bar has published Legal Ethics Opinion 1872 on virtual law offices and the use of temporary office space on March 29, 2013. The ethics opinion acknowledges that virtual law offices and temporary or leased office spaces do not always go together, but it addresses both from the standpoint of ethics issues, such as providing contact information in marketing, supervision of lawyers and nonlawyers in the firm, confidentiality of the tech and competency using it to work with clients online. The opinion also acknowledges that these ethics issues are the same that come up with…

  • Client Portal Matrix

    slkimbro
    3 Jun 2013 | 4:15 pm
    Last week I gave a presentation with Chad Burton at the ABA LPM Spring meeting about the eLawyering Task Force‘s newest project, the Client Portal Matrix, formally titled as the “Comparative Evaluation of Web-based Practice Management Software with Client Portal Applications for Solos and Small Law Firms.” Donna Seyle, who did most of the work gathering data for the matrix, was unable to make the meeting so I filled in to discuss some of the practical uses of a client portal in law practice and the best practices and ethics issues that might come up. The matrix will be…
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    Florida Estate Planning Lawyer Blog

  • Man without will dies and State may get 40 Million

    26 May 2013 | 2:45 pm
    Forbes has reported that nearly 2.5 million Americans die each year without a will. While many states have default rules that define who will receive your assets, sometimes they do not cover your specific circumstances. Richard Blum, a Holocaust survivor and New York real estate developer appears to be one such example. If you die without a will or living trust ("intestate"), state law will determine how your assets which are subject to probate are distributed, and the result may not be what you would want. In Florida this generally means your probate assets will go to your spouse, then your…

  • The Advantages of Living Trusts: 6 Ways a Living Trust can Benefit Your Estate Plan

    14 May 2013 | 6:50 am
    Probate can have the reputation of being a nightmare, and many hate the idea of going through this process. If the idea of transferring your assets through probate daunts you, then you will be happy to know that living trusts can avoid probate. The probate process is usually more expensive and time consuming than having a living trust set up to transfer assets. Moreover, a living trust has many more advantages than skipping probate. An estate-planning attorney can discuss with you the specific advantages that a living trust will bring to your estate plan and can assist you with setting up one…

  • The Future of Estate Planning: The Multigenerational Life Plan

    9 May 2013 | 1:20 pm
    Over the last year I worked with an intern in our office of a Law Review article for Texas Tech University. This article describes problems with current estate planning and takes the premise that most estate planners have become lazy because of advancements in technology. That is, most only ask their clients about issues that their software is capable of addressing. We identify 6 primary areas that are not addressed in most estate plans: Firearms;Digital Assets;Asset Protection;Life Planning;Controlling from the Grave; andPets The citation for the article is David Goldman & Charles Jamison,…

  • 3 Important Reasons to Use an Estate Planning Attorney to Create a Durable Power of Attorney

    9 May 2013 | 7:35 am
    A Durable Power of Attorney (DPA) allows you, the "principal", to designate someone, the "agent", to act on your behalf. Depending on the DPA, your agent will have authority to oversee your financial affairs or your medical treatment. Having a DPA is a good idea, but only if it is done properly. Otherwise, a DPA will probably not serve its intended purpose and it might create additional problems. To avoid this, contact an estate-planning attorney to assist you with this issue. Meanwhile, this blog discusses three important reasons to hire an estate-planning attorney to draft your DPA. 1. A…

  • 6 Quick Questions to Help You Effectively Decide When is a Trust Better than a Will in Florida

    7 May 2013 | 6:29 am
    A Florida Will is one of the most basic estate-planning documents. A Will allows the grantor to devise his or her property with very limited encumbrances; however, there are issues that are better addressed with other estate-planning documents - like a Trust. If you are debating whether to use a Trust or a Will, then this blog will help you. However, it is wise to seek assistance from an estate-planning attorney before making a decision. What is a Will? A Will is a written instrument, signed by the decedent and at least two witnesses in each other presence, that fulfills the requirements of…
 
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    Native American Legal Update

  • IRS Teleconference On Cobell Settlement Taxes - June 26

    Greg Guedel
    13 Jun 2013 | 7:32 am
    The IRS's Indian Tribal Governments unit will host a phone forum on June 26th at 2:00 p.m. (EDT) to discuss tax issues for settlement payments in the Cobell case, payments made in response to discrimination claims in the Keepseagle case, and settlement payments covered in Notice 2013-1 (Per Capita Payments From Proceeds of Settlements of Indian Tribal Trust Cases). Space is limited and participants are encouraged to register early by clicking HERE. If you already have questions regarding the issues covered, please email: tege.itg.askus@irs.gov using the subject line: Indian Tribal Settlement…

  • NFL Commissioner Says Redskins Is A "Positive" Nickname

    Greg Guedel
    12 Jun 2013 | 10:55 am
    NFL commissioner Roger Goodell has said the Washington Redskins' nickname has “a positive meaning” in a letter to 10 members of Congress, who had earlier urged team owner Daniel Snyder and the NFL to change the name because it is offensive to many Native Americans. The members of Congress sent their letters to Snyder, Goodell and the other 31 NFL franchises in May. Goodell's response was sent June 5, a copy of which can be viewed on the Indian Country Today Media Network.  "The Washington Redskins name has thus from its origin represented a positive meaning distinct…

  • Justice Department Reports Increase In Prosecutions For Crimes On Reservations

    Greg Guedel
    3 Jun 2013 | 8:22 am
    The New York Times has published a Justice Department statement indicating that it has increased the rate of criminal prosecutions in Native communities by more than 50% in the past four years, to help combat an increase in violent crime impacting Tribes. The report states that United States attorneys prosecuted about 69 percent of the 3,145 criminal cases referred to their offices from Tribes last year — an improvement over 2011, when the federal government tried 63 percent of 2,840 criminal cases in Indian country. The report is partly a response to criticism of the Justice…

  • Developing Sustainable Economies For Tribes - Perspectives From Bob Whitener

    Greg Guedel
    29 May 2013 | 8:53 am
    Sustainability truly matters to the tribes. The rivers and the fish kept them alive. Their natural resources provided them with jobs. They still want—and need—to provide jobs. And sustainability can help do that. That’s one of the main reasons why investing in sustainable companies, partnerships and projects that have a chance to change the future makes a lot of sense for the tribes today. The tribes have always prioritized the health of their environment, and I strongly believe that the economic and social conditions are ripe for them to contribute meaningfully to…

  • Are You Still An "Indian"? Affordable Care Act May Tax Those Who Are Not

    Greg Guedel
    20 May 2013 | 8:25 am
    The Affordable Care Act requires all Americans to participate in some form of health care insurance, or else pay an annual tax penalty. People who are recognized by the federal government as Native American are generally exempt from the tax penalty, which will reach a minimum of $695 when fully implemented, because most Native Americans are eligible for some form of health care from the federal Indian Health Service. However, the definition of “Indian” under the Affordable Care Act is limited to those who can document their membership in one of about 560 tribes recognized by the…
 
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    The California Employment Law Blog by Mediator Steven G. Pearl

  • Compton v. Superior Court: California Supreme Court Issues Grant-and-Hold In Another Arbitration Case

    Steven G. Pearl
    19 Jun 2013 | 8:00 am
    In Compton v. Superior Court (American Management Services, LLC) (3/19/13) --- Cal.App.4th --- (discussed here), the Court of Appeal reversed a trial court order compelling individual arbitration in a putative wage and hour class action. The Court held that the arbitration agreement was unconscionable because it was unfairly one-sided: it required employees to arbitrate all claims; it imposed a one-year statute of limitations on employee claims, but did not impose the same period on employer claims for unfair competition and trade secret violations; and it gave the arbitrator discretion on…

  • State Bar Advanced Wage and Hour Conference: July 31, San Francisco

    Steven G. Pearl
    18 Jun 2013 | 10:17 am
    I am honored to be the principal organizer of the State Bar Labor and Employment Law Section's Third Annual Advanced Wage and Hour Conference, July 31, 2014, in San Francisco. This year's Conference will include: Recent Developments Update  Litigating and Resolving Cases Involving Insolvency Issues  The Supreme Court of the United States and Its Impact on Wage and Hour Practice  The View From 30,000 Feet: Where We’ve Been and Where We’re Headed   A View From the Bench: Judges' Perspective on Wage and Hour Practice More information will be available shortly…

  • Vargas v. SAI Monrovia B, Inc.: Court Finds Arbitration Clause In Automobile Purchase Contract Unconscionable

    Steven G. Pearl
    17 Jun 2013 | 8:00 am
    In Vargas v. SAI Monrovia B, Inc. (6/4/13) --- Cal.App.4th ---, the Court of Appeal again addressed a standard automobile retail installment sales contract, finding that it was unconscionable and unenforceable: In this appeal, we revisit our holding in Sanchez v. Valencia Holding Co., LLC (2012) 201 Cal.App.4th 74 (Sanchez), review granted March 21, 2012, S199119, that a “Retail Installment Sale Contract” used to purchase an automobile is unconscionable and unenforceable. Having considered the decisions of other California appellate courts handed down after Sanchez, we have refined…

  • Busk v. Integrity Staffing Solutions: Plaintiffs May Pursue Both FLSA Collective Action and State Law Class Action

    Steven G. Pearl
    15 Jun 2013 | 8:00 am
    Busk v. Integrity Staffing Solutions, Inc., ___ F. 3d ___ (9th Cir. 4/12/13), addresses an issue that has come up fairly frequently in the last few years, especially since passage of the Class Action Fairness Act (CAFA): whether a plaintiff can bring both a Rule 23 class action and a Fair Labor Standards Act (FLSA) collective action in the same case. According to Busk, the answer is yes. The plaintiffs worked as hourly employees in warehouses in Nevada. They sued their employer, Integrity, for violations of both the FLSA and Nevada labor laws, alleging that required security screenings…

  • Negri v. Koning & Associates: Pay Based On Number of Hours Worked Is Not A "Salary" For Overtime Exemption Purposes

    Steven G. Pearl
    13 Jun 2013 | 8:00 am
    Negri v. Koning & Associates (5/16/13) --- Cal.App.4th ---, addresses "whether a compensation scheme based solely upon the number of hours worked, with no guaranteed minimum, can be considered a 'salary' within the meaning of the pertinent wage and hour laws" for purposes of determining whether an employee fits within one of the white collar exemptions. The answer is no.   A salary is generally understood to be a fixed rate of pay as distinguished from an hourly wage. Thus, use of the word “salary” implies that an exempt employee's pay must be something other than an hourly…
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    The Securities Law Blog

  • Report: Wealthiest Clients Want to Consolidate Advisors

    19 Jun 2013 | 9:07 am
    Here is an interesting report - the World Health Report 2013 found that the majority of wealth managers are keeping their richest clients happy. More than 60% of high-net-worth clients expressed a high degree of trust in both their wealth managers and their firms.More good news - 52.6% of high-net-worth clients prefer to work with a single firm to “manage all of their financial needs,” according to the report.World Wealth Report: Wealthiest Clients Want to Consolidate Advisors

  • Janney Adds Advisors from Morgan Stanley and Ameriprise

    19 Jun 2013 | 6:02 am
    Financial advisors continue to change firms and a quick pace. Janney has added two former Morgan Stanley advisors and a branch manager from Ameriprise to its ranks. Industry veterans.  Alfred DeRenzis and Scott Ford joined in the Baltimore, Md., office from Morgan Stanley, and former Ameriprise manager Gregg Torretta joined in Fort Lauderdale, Fla. DeRenzis and Ford oversee around $159 million in assets and join as senior vice president/wealth management and first vice president/wealth management, respectively.Advisors who are contemplating changing firms or becoming RIAs are advised to…

  • Piper to Buy Edgeview Partners

    19 Jun 2013 | 5:25 am
    Investment bank and asset management firm Piper Jaffray Cos. is buying middle-market advisory firm Edgeview Partners LP.  Financial terms were not disclosed. Edgeview Partners specializes in mergers and acquisitions. Piper Jaffray said Monday that the deal will strengthen its position in middle-market mergers and acquisitions and provide a complementary investment banking business. The transaction also gives Piper Jaffray more resources for private equity firms.Piper Jaffray buying Edgeview Partners

  • SEC Charges Whittier Trust and Fund Manager in Insider Trading Investigation Into Expert Networks

    18 Jun 2013 | 8:00 am
    The SECcharged a South Pasadena, Calif.-based wealth management company and a former fund manager with insider trading on non-public information about technology companies. The charges are the agency’s latest in its ongoing investigation into expert networks and hedge fund trading.The SEC alleges that Whittier Trust Company and its fund manager participated in an insider trading scheme involving the securities of Dell, Nvidia Corporation, and Wind River Systems. The fund manager generated profits and avoided losses for funds he managed at Whittier Trust by trading on confidential…

  • Good Markets, More Broker Transitions

    17 Jun 2013 | 10:26 am
    We have seen an uptick in financial advisors changing firms as the markets continue to improve. Wells Fargo Advisors just announced that it has hired nine financial advisors from Morgan Stanley, Merrill Lynch and RBC Capital Markets with $1.12 billion in assets under management.Transitioning between firms is a important, and stressful time. Too many advisors do not seek the assistance of counsel when they change firms, despite the fact that there is significant sums of money and future business at stake. We represent advisors across the country in their transition efforts, including protocol…
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    ArkansasAppeals.com

  • Arkansas Appeals Welcomes Reported Decisions to the Arkansas Appellate Practice Blogging Community

    Tasha C. Taylor
    5 Jun 2013 | 11:23 am
    The Arkansas Appeals Blog is pleased to welcome the newest blog to the Arkansas appellate practice blogging community: Reported Decisions (ReportedDecisions.com). Author Tim Cullen of Cullen & Company, PLLC created Reported Decisions to be “[a] blog about Arkansas appeals, new developments in appellate procedure, and other items of interest.”  Mr. Cullen’s blog will be an asset to Arkansas appellate practitioners as it will include a chronology of many of the more than 125 appeals he has handled before the Arkansas Court of Appeals, the Arkansas Supreme Court, and the…

  • Ford Motor Company v. Washington (Ford III): The Third Time Is Not the Charm (and it ain’t over yet)

    Andy Taylor
    5 Jun 2013 | 10:10 am
    Introduction We have written two previous blog posts regarding this case: The first blog post discussed Ford Motor Co. v. Washington, 2012 Ark. 325 (“Ford I“), and the second blog post discussed Ford Motor Co. v. Washington, 2012 Ark. 354 (“Ford II“).  In these two opinions, the Arkansas Supreme Court held that there was not a final order because a party that was orally dismissed by the Court was never dismissed in any written order. (Ford I was the original opinion, and Ford II was an opinion denying the petitions for rehearing.)  In Ford Motor Co. v.

  • Abandonment Language in Notice of Appeal is Not Effective as to Stray Parties (Ford II)

    Andy Taylor
    12 Nov 2012 | 8:31 am
    In Ford Motor Company v. Washington, 2012 Ark. 354 (“Ford II“), the Arkansas Supreme Court addressed whether a party’s statement in its notice of appeal that it abandons all pending but unresolved claims is effective as a dismissal against a stray party.  Ford II is the Court’s opinion on a petition for rehearing, so before examining that case, we need to discuss the original case first. We addressed the case of Ford Motor Company v. Washington, 2012 Ark. 325, (“Ford I“) in a previous blog post.  As discussed in that post, the plaintiff in that case sued…

  • Circuit Judge Phillip Whiteaker Elected to Arkansas Court of Appeals

    Tasha C. Taylor
    9 Nov 2012 | 7:00 am
    Voters from the twelve east Arkansas counties that make up District 1 elected Lonoke County Circuit Court Judge Phillip Whiteaker to the Arkansas Court of Appeals to fill the vacant seat for District 1, Position 2 in the general election that was held on November 6, 2012.  Judge Whiteaker defeated Jonesboro Attorney Jeannette Robertson with a margin of approximately 10% of the vote (53.83% to 43.81%). In the May 2012 nonpartisan judicial election held during the primary on May 22nd, the field of three candidates for District 1, Position 2 was narrowed to two when Jonesboro Attorney Richard…

  • Oral Order Dismissing a Party Not Sufficient to Create Final Order (Ford I)

    Andy Taylor
    18 Sep 2012 | 7:41 am
    The first round of decisions from the Arkansas Supreme Court for its 2012-13 term included a holding on a familiar issue concerning the finality of decisions.  In Ford Motor Company v. Washington, 2012 Ark. 325, the Arkansas Supreme Court again reiterated that a written order is required in order for the voluntary nonsuiting of a party to be effective. The case involved an automobile accident that involved a Ford Explorer and a Nissan Sentra.  The driver of the Explorer was killed, and the passenger (the driver’s son) was injured.  The plaintiff (the driver’s wife) sued…
 
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    New Jersey Attorney Law Review Blog

  • Home Improvement Contracts: The Nuts and Bolts of New Jersey's Regulatory Requirements

    Glenn R. Reiser
    23 May 2013 | 12:39 pm
    New Jersey has strict rules when it comes to home improvement contracts in excess of $500, the overriding purpose of which is to protect consumers from unscrupulous contractors.  The New Jersey Administrative Code § 13:45A-16.2(12)(i)-(vi) sets forth the requirements necessary in a home improvement contract.  A violation of these written requirements is a violation of the statute.N.J.A.C. 13:45A-16.2(12) states in pertinent part: All home improvement contracts for a purchase price in excess of $500, and all changes in the terms and conditions thereof shall be in…

  • New Jersey Appeals Court Spares Eviction of 89-Year Old Blind Man

    Glenn R. Reiser
    21 May 2013 | 12:18 pm
    In an unpublished decision issued on May 21, 2013, a New Jersey appeals court held that a landlord was not entitled to evict his residential tenant, an 89-year old blind man with diabetes, because of the tenant's refusal to sign a new lease. Ochieng v. Bloss, Superior Court of New Jersey, Appellate Division, Docket No. A-0703-12T2This decision reversed the trial court's ruling which was in favor of the landlord. The appeals court concluded that the landlord failed to follow the required notice procedures under the New Jersey Anti-Eviction Act, and that therefore the trial court lacked…

  • What is Wrong With Our Judicial System?

    Glenn R. Reiser
    16 May 2013 | 11:41 am
    I couldn't find a better example to illustrate the problem with our judicial system.  In a recently unpublished decision of the New Jersey Appellate Division,  Hernandez v. North Jersey Neurosurgical Associates, Superior Court of New Jersey, Docket No. A-0890-12T2, the appeals court reversed a Hudson County trial judge's decision to enter default against a medical doctor whose attorney was unavailable to appear for the trial call because he was scheduled to be on trial in another case in Monmouth County, NJ .Demonstrating a rigid approach to justice, the trial court refused to…

  • When is a Case Really Settled?

    Glenn R. Reiser
    13 Feb 2013 | 2:05 pm
      It is not too difficult to Imagine the following scenario.  There is bitter litigation between 2 or more parties that has dragged on for several years.  Each side is represented by legal counsel, and each has spent thousands of dollars in legal fees trying to posture the case in their favor.  A trial is approaching shortly.   The parties are each growing weary of the case; it has become too time consuming and expensive, and the law of diminishing returns has set in for all involved. This is why the overwhelming majority of civil disputesultimately settle before…

  • Appeals Court Shuts Classroom Door on Teacher Who Posted Derogatory Facebook Comments About Her First Grade Students

    Glenn R. Reiser
    13 Jan 2013 | 7:18 pm
        In an unpublished decision issued on January 11, 2013, a NJ appeals court upheld the firing of a first-grade teacher in the Paterson school district who called her students "future criminals" in a Facebook post.   In the Matter of the Tenure Hearing of Jennifer O'Brien, Superior Court of New Jersey, Appellate Division, Docket No. A-2452-11T4.  This case represents another example of the consequences of misusing popular social media sites.      In this case a two-judge appeals panel ruled that the teacher's derogatory Facebook posting was not…
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    Construction Law Musings- Richmond, VA

  • More on Duty to Defend a Subcontractor

    Christopher G. Hill
    17 Jun 2013 | 6:00 am
    (Photo credit: Wikipedia) While we don’t often discuss insurance coverage issues here at Construction Law Musings, occasionally a case comes up that makes the grade for a post.  One such case was Erie Insurance Exchange v. Salvi, where the question of an “occurrence” that warranted coverage and defense under an insurance policy was at issue.  That case discussed this key question in a residential construction context based upon poor workmanship. A recent case out of the Western District of Virginia federal court analyzed this coverage issue in the commercial context. In…

  • Dealing with Hazardous Substances on the Construction Site

    Christopher G. Hill
    14 Jun 2013 | 6:00 am
    Originally posted 2010-10-08 09:00:14. For this week’s Guest Post Friday here at Construction Law Musings, we welcome Vickie Lane.  Vickie is the primary point of contact for Business Development with HAZMAT Plans & Programs, a consulting and training firm that also works under the name of HP&P Safety.  Vickie’s functions with HP&P include extensive pre-project research and support though estimating, planning and cost administration.  Vickie attended Ohio State University and now enjoys her role as a first time grandmother and spending free time up in the Colorado Rocky…

  • Construction May Begin with Documents, but It Shouldn’t End That Way

    Christopher G. Hill
    14 Jun 2013 | 6:00 am
    For this week’s Guest Post Friday here at Musings, we welcome back Rob Mathewson.  In his role as CEO, Rob handles strategy and partnerships for Geedra in addition to overseeing technology architecture and implementation. He has spent twenty years in sales and marketing management roles with experience in industrial, consumer and construction markets. Rob believes the construction industry is ripe for innovation, based on its massive size, yet low productivity. Even with such inefficiencies, a building still rises from the ground. Rob’s goal with Geedra is to leverage technology to…

  • The Construction Lawyer as Mediator

    Christopher G. Hill
    10 Jun 2013 | 7:36 am
    New Brunswick Gateway Project under construction (Photo credit: Wikipedia) While there has been much discussion about whether a construction attorney’s involvement  is actually a detriment to a construction project and its potentially litigious aftermath, I have spent a couple of posts here at Construction Law Musings to discuss the benefits of hiring a construction attorney early in the project, and even later in the event that a dispute arises.  Without rehashing those discussions (I encourage you to check them out and weigh in), these two posts (and the other arguments made…

  • Building Green: What it Means for Your Business

    Christopher G. Hill
    7 Jun 2013 | 6:00 am
    Originally posted 2010-02-05 09:00:21. For this week’s Guest Post Friday, Musings welcomes Kevin Kaiser. Kevin is the online marketing director for Surety Bonds.com a leading online surety company.  He specializes in educating current and prospective business owners about local surety requirements. He helps contribute to the Surety Bond Education Center and the Surety Bond InsiderTo keep up with surety bond trends, follow Kevin and his cohorts on twitter. D.C. officials are considering changes to a promising-yet-controversial green building law that has raised the ire of the surety…
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    Lowering the Bar

  • Great Response to a "Prank" Cease-and-Desist Letter

    Kevin
    19 Jun 2013 | 11:24 am
    Buzzfeed's question, "Is This The Best Response To A Cease And Desist Letter Ever?," prompted some debate this morning, although it is one of those debates that is not really necessary (which is why we had it on Twitter) because everyone except maybe the recipient agrees it's very good. The pitch that resulted in this line drive was a letter from the township of West Orange, New Jersey, to Jake Freivald, the owner of westorange.info. (That website is currently down due to increased traffic, not at all surprisingly.) West Orange's letter seems to have taken the position that westorange.info…

  • The Photo-Booth Idea Was Bad Enough to Begin With

    Kevin
    17 Jun 2013 | 11:02 am
    ... even before you posed with the stolen item. The Capital Gazette reported on Saturday that police were searching for the pictured group of young people in connection with a case of alleged credit-card fraud. A woman reported she had lost her credit card while shopping at a mall in Crofton, Maryland. An investigation revealed that one day prior to the report, someone had used the credit card to buy movie tickets at a nearby theater. That transaction was captured on surveillance video, but that evidence turns out to have been pretty much unnecessary. The card was also used to take these…

  • Michael Jackson's Ghost Testifies His Death Was an Accident

    Kevin
    16 Jun 2013 | 2:04 pm
    It testified over objection, of course, but the objection was apparently overruled. As you may recall, Jackson died in 2009 from an overdose of the anesthetic propofol, given to him by Dr. Conrad Murray. Murray was convicted of involuntary manslaughter in 2011. Jackson's family then filed a civil suit against AEG Live, blaming it for contributing to his death through negligence in hiring the doctor and in failing to take steps to help Jackson although it allegedly knew he was not well. (Did anyone not know he was not well?) That trial has been going on in L.A. Superior Court for four weeks…

  • Happy Birthday to You, Happy Birthday to You, Here's a Copyright Lawsuit, Happy Birthday to You

    Kevin
    15 Jun 2013 | 1:30 pm
    I don't know that I'd call this "a lawsuit for the ages," like the New York Times does. But that's mainly because around here that title is reserved for the four-year struggle over a $65 million legal claim that the plaintiff called a "public interest lawsuit by a private attorney general" but the court called  "a personal vendetta against a dry cleaners over a pair of pants." So the bar is pretty high. But a copyright lawsuit claiming that "Happy Birthday to You," arguably the most recognized and most-often-performed song in the English language and possibly in any language, is actually…

  • Court to DOJ: About That Meta-Data You Said You Didn't Have ... [Update II]

    Kevin
    13 Jun 2013 | 11:49 am
    The Southern District of Florida Blog reports that the Government has some 'splaining to do in a case pending there, given the recent NSA data-trawling revelations. The defendants are charged with a string of armored-car robberies. As part of its investigation, the Government obtained (and later produced) phone records for the period beginning September 1, 2010. One of the defendants also wants call records for July 2010, when one of the robberies took place, because he says that will support his claim that he was somewhere else at the time. Previously, the Government said it tried but…
 
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    Ohio Family Law Blog

  • Online Dating: Less Likely to Divorce If You Met Your Spouse Online?

    Robert L. Mues
    15 Jun 2013 | 2:00 am
    Early Study Reveals Online Dating Sites Among Best Meeting Place For Marital Bliss A few recently published studies have explored the new developments in the field of online dating and online dating sites.  These studies have shown that, more often than not, couples who meet on these sites are more likely to stay together and are generally happier than couples who meet offline.   Below we’re going to break these studies down, go into the numbers a bit, and then detail any of the critiques that may be relevant to the recent studies. Harris Poll Study On Online Dating One study published…

  • College Expenses: The Impact Of Student Loan Debt On Your Child

    Robert L. Mues
    8 Jun 2013 | 3:00 am
    The ABC’s of College Loans – Plan How To Pay For College! College tuition has risen drastically in the past 15 years.  In 1980, a public university cost around $2,000 a year for just tuition.  The average in 2010 is at $8,085 and continuing to rise at a rate of almost 4-5% a year.  With these rising costs, one would be surprised to notice the drastic increase in college applicants.  Today, nearly 1 in 3 young adults have a bachelor’s degree, and nearly 70% of young adults have some sort of college experience.  This increase in college tuition and applicants has led to a…

  • Are Child Raising Strategies Causing Conflict in Your Marriage?

    Guest Contributor Gregory Ramey, PhD, Child Psychologist and Dayton Daily News Columnist
    1 Jun 2013 | 2:00 am
    Kids cause conflicts in many marriages. How these issues get resolved has important consequences not only for your children but for the health of your marriage. Disagreements about child rearing are not only inevitable but healthy. Discussion and debate can result in new insights and help you think about issues in a different way. Parents shouldn’t be reluctant to respectfully challenge their partner’s perspective. I like George Patton’s comment that, “if everyone is thinking alike, then somebody isn’t thinking.” Parental conflicts are usually ones of strategy and, typically, are…

  • Child Abuse and the Penalties for False Reporting

    Guest Contributor, Daniel Pollack
    25 May 2013 | 2:00 am
    False Allegations Of Child Abuse Can End Up In Civil, Criminal, Or Juvenile Courts The Jerry Sandusky criminal trial is over; the civil lawsuits are in active settlement mode. Undoubtedly, the entire country is more tuned into child abuse than it ever was. The National Conference of State Legislatures reports that about 105 bills on the reporting of suspected child abuse and neglect have been introduced in 2012 legislative sessions in 30 states and the District of Columbia. All of them include a penalty for failing to report suspected child abuse. Oregon is one of the states which recently…

  • Divorce: How Employment Affects Men’s and Women’s Decisions to Divorce

    Robert L. Mues
    18 May 2013 | 2:00 am
    Divorce, Employment And Marriage – An Analysis Studies have often attempted to examine the intricate details of divorce by indicating what causes it, which party causes it and how can it be prevented.  Below is an analysis of the National Institution of Health’s study by Liana C.  Sayer of The Ohio State University about how the changing spectrum of society can affect marriages.  First, we’ll review two theories, then compare these and evaluate an opinion based off of these theories. Institutional Perspective The study on divorce and employment is broken into two theories, the…
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    AttorneySync

  • Your Story Matters

    Gyi Tsakalakis
    10 Jun 2013 | 1:20 pm
    If you’re a lawyer, you should know something about persuasion. In fact, it’s essential to your job. You persuade judges. You persuade jurors. You persuade other lawyers. You persuade your clients. And you persuade potential clients to hire you. And one of the best ways to persuade is through story. Storytelling has been around longer than writing. However, the web is making effective storytelling much more doable. Popular tools like YouTube, Instagram, Slideshare and even Vine, provide business owners new ways to tell their stories online. But using these tools for effective…

  • About.me Premium for Lawyers

    AttorneySync
    22 May 2013 | 12:25 pm
    About.me has just announced the first version of about.me premium, which may make it a useful tool to lawyers for reputation management or even as a core web presence. The major difference between regular About.me and About.me premium is custom domain mapping. In other words, you can display your About.me profile on yourname.com. This is make it much more likely to appear prominently for searches related to your name. Of course, if you share your name with someone famous (or into internet marketing), it probably won’t compete with other well-established web presences. Nonetheless,…

  • From Search to Retainer

    AttorneySync
    8 May 2013 | 7:13 am
    There can be a lot of steps between someone searching for you and retaining you. Whether their search begins with people they know or search engines, several dominoes must fall in sequence to continue a potential client on the path to becoming a paying client. The Search Most people still begin their search for a lawyer by asking family, friends and other people they trust. And of course, people don’t refer people that trust them to just anybody. People refer those that trust them to lawyers that they trust. And so building trust with the people around you is the most important part of…
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    3 Geeks and a Law Blog

  • Dan and Jane: Ep. 4 - The Social Law Firm

    19 Jun 2013 | 3:00 am
    Jane:  I recently read a short book by Nilofer Merchant called 11 Rules for Creating Value in the Social Era. In this lovely little tome she draws some powerful conclusions about the impact of the Social Era on business and the opportunity it provides to promote the Onlyness of individuals.  Onlyness is the concept that each and every person brings a unique set of knowledge, intuition, and experience to the workplace.  When done correctly, social media allows the organization to tap directly into an…

  • The Value of Fee Caps

    18 Jun 2013 | 3:00 am
    Image [cc] Rigmarole As legal pricing evolves, it is taking many twists and turns - along with some convoluted spins. The initial efforts by clients to save money typically results in requests for bigger discounts. This allows the GC to go back to the CEO and say “we saved 5% more this year.” After a year or so of this approach, clients realized bigger discounts don’t directly translate into savings. I would argue that in this situation, clients can’t even tell if they are saving money or not. So at a point the CEO comes back and says “Show me the money.” Next up on the pricing…

  • The Value & Strategy Behind Where to Play & How to Win

    14 Jun 2013 | 2:00 am
    As many of you have watched over the past two years, JC Penny has gone through a bit of a rough patch with its failed experiment with Ron Johnson as its CEO. In fact, today is the two-year anniversary of Johnson’s appointment, which collapsed back on April 8th. Johnson was viewed by most people as an impressive strategist who made the Apple Stores into the success it is. There were many people, most of whom seemed to hold sway on JCP’s shareholders, that thought Johnson could come in, apply his strategy to JCP’s ‘mismanaged’ retail operations, and make it into the anchor-store…

  • Adam Smith’s Pin Factory and the Law Firm

    13 Jun 2013 | 3:00 am
    Image [cc] paojus One of Adam Smith's great contributions to economics was his commentary on the ‘division of labor’ - explained in his pin factory example. For those of you who may have fell asleep during this part of the Econ 101 lecture, Adam Smith demonstrated how productive capacity increases with specialization. He evaluated an artisan craftsman who makes pins with great care and quality, one at a time. The craftsman performs every function, from straightening the metal to attaching the pin head. Adam Smith then describes a factory where each function is performed by a specialist…

  • Dan and Jane: Ep: 3 - The Billable Hour

    12 Jun 2013 | 2:00 am
    Image [cc] - Tomozaurus Jane: The billable hour is dead, Dan. It is the sad and lonely remnant of an era when clients were to stupid to realize they were being fleeced by outside counsel.I for one can no longer, in good conscience, blatantly steal my client's money.I officially declare the billable hour six feet under, pushing up daisies, defunct, deceased, kaput. Never to be heard from a… Dan: OK, OK. I get it. You do realize, Jane, that repeating something incessantly doesn’t make it true, it just makes you slightly more annoying than usual.Also, as a graduate of North Tuvalu Online Law…
 
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    The High-touch Legal Services® Blog • For Startup Companies

  • Do Corporate Directors’ Voting Rights Depend on the Number of Shares They Own?

    Dana
    11 Jun 2013 | 6:10 pm
    This post is based on a question that I answered recently both for a client and on Quora: Q. Do corporate directors’ voting rights depend on the number of shares they own? A. No. Board members typically have equal voting rights. However, some states allow directors to have unequal voting rights – see, e.g., Delaware General Corporation Law Section 141(d). Dana H. Shultz, Attorney at Law  +1 510 547-0545  dana [at] danashultz [dot] com This blog does not provide legal advice and does not create an attorney-client relationship. If you need legal advice, please contact a lawyer…

  • Corporate Business Filings Joins Hall of Shame

    Dana
    9 May 2013 | 6:27 pm
    A couple of weeks ago a client emailed me with great concern. He received a letter that looked like a government demand for $225, lest a penalty of $250 be imposed by the state. It turns out that the letter was not from the state, but from Corporate Business Filings, the latest addition to my Hall of Shame. Most of the way down the second page, the letter does have an oddly-worded disclaimer that there is no obligation to pay the amount requested. However, even though the disclaimer is upper-case, it is not nearly so prominent as the fear-inducing language in the rest of the letter –…

  • Corporate Directors in California Can Inspect (Almost) Anything

    Dana
    7 May 2013 | 5:09 pm
    I have written about shareholders’ rights to inspect corporate financial records and shareholder lists. This post discusses directors’ far greater inspection rights. California Corporations Code Section 1602 states: Every director shall have the absolute right at any reasonable time to inspect and copy all books, records and documents of every kind and to inspect the physical properties of the corporation of which such person is a director and also of its subsidiary corporations, domestic or foreign. Such inspection by a director may be made in person or by agent or attorney and…

  • Who Gets to See the Shareholder List?

    Dana
    3 May 2013 | 6:12 pm
    The founder of a closely-held corporate client, knowing that some employees soon would be shareholders, recently asked whether those employee-shareholders would have the right to find out how many shares he owns. Here is the information I provided. Because the client is a California corporation, Corporations Code Section 1600(a) governs. That Section states, in relevant part (emphasis added): A shareholder or shareholders holding at least 5 percent in the aggregate of the outstanding voting shares of a corporation…shall have an absolute right to…inspect and copy the record of…

  • “Director” and “Director” May not Mean the Same Thing

    Dana
    1 May 2013 | 6:30 pm
    While working with one of my international clients several months ago, I re-learned a lesson that I already knew: The same word can mean different things under different countries’ legal systems. The client is located in Vietnam and wanted to open a branch office in the Bay Area. It would be “doing business” in California, so it needed to qualify as a foreign corporation. I duly prepared a Statement and Designation by Foreign Corporation and had it signed by the client’s most senior officer. That officer’s title, translated as “Director,” was entered…
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    ITC Law Blog

  • ALJ Essex Rules On Motions to Strike In Certain Optoelectronic Devices For Fiber Optic Communications (337-TA-860)

    Eric Schweibenz
    18 Jun 2013 | 6:59 pm
    On June 12, 2013 ALJ Theodore R. Essex issued the public versions of Order No. 13 (dated April 23, 2013), Order No. 14 (dated May 29, 2013), and Order No. 15 (dated May 29, 2013) in Certain Optoelectronic Devices for Fiber Optic Communications, Components Thereof, and Products Containing Same (Inv. No. 337-TA-860). By way of background, the investigation is based on a complaint and letters supplementing the complaint filed by Avago Technologies Fiber IP (Singapore) Pte. Ltd., Avago Technologies General IP (Singapore) Pte. Ltd., and Avago Technologies U.S. Inc. (collectively, “Avago”)…

  • ALJ Bullock Terminates Investigation Based On Withdrawal Of Complaint In Certain Sintered Rare Earth Magnets (337-TA-855)

    Eric Schweibenz
    18 Jun 2013 | 6:44 pm
    On June 13, 2013, Chief ALJ Charles E. Bullock issued Order No. 130 in Certain Sintered Rare Earth Magnets, Methods of Making Same and Products Containing Same (Inv. No. 337-TA-855). According to the Order, Complainants Hitachi Metals, Ltd. and Hitachi Metals North Carolina, Ltd. (“Hitachi”) moved to terminate the investigation as to Respondents Beats Electronics, LLC, Bosch Security Systems, Inc., and Callaway Golf Co. (“Callaway”) (collectively, the “Remaining Respondents”) on the basis of withdrawal of the complaint.  Because all other respondents have either entered into…

  • ALJ Bullock Grants Motion To Terminate Investigation In Certain Wiper Blades (337-TA-816)

    Eric Schweibenz
    17 Jun 2013 | 6:45 pm
    On June 13, 2013, Chief ALJ Charles E. Bullock issued Order No. 70 in Certain Wiper Blades (Inv. No. 337-TA-816). According to the Order, ALJ Essex granted a joint motion filed by Complainant Robert Bosch LLC and Respondents Pylon Manufacturing Corp., Scan Top Enterprise Co., Ltd., and Danyang UPC Auto Parts Co., Ltd. to terminate the investigation based on a consent order stipulation and proposed consent order.

  • ALJ Essex Grants Motion To Terminate Investigation As To L’Oreal In Certain Products Having Laminated Packaging (337-TA-874)

    Eric Schweibenz
    17 Jun 2013 | 6:38 pm
    On June 11, 2013, ALJ Theodore R. Essex issued Order No. 14 in Certain Products Having Laminated Packaging, Laminated Packaging, and Components Thereof (Inv. No. 337-TA-874). According to the Order, ALJ Essex granted a joint motion filed by Complainant Lamina Packaging Innovations, LLC (“Lamina”) and Respondent L’Oreal USA, Inc. (“L’Oreal”) to terminate the investigation as to L’Oreal based on a settlement agreement between Lamina and L’Oreal.  ALJ Essex determined that the settlement agreement would not adversely impact the public interest and thus granted the joint motion.

  • Manitowoc Cranes Files New 337 Complaint Regarding Certain Crawler Cranes

    Eric Schweibenz
    14 Jun 2013 | 2:51 pm
    On June 12, 2013, Manitowoc Cranes, LLC of Manitowoc, Wisconsin (“Manitowoc Cranes”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337. The complaint alleges that Sany Heavy Industry Co., Ltd. of China and Sany America, Inc. of Peachtree City, Georgia (collectively, “Sany”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain crawler cranes and components thereof that infringe one or more claims of U.S. Patent Nos. 7,546,928 (the ‘928 patent) and 7,967,158 (the ‘158 patent)…
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    Gamso - For the Defense

  • Unitended Consequences and Unrecognized Victims

    16 Jun 2013 | 8:32 pm
    Guilty or innocent, being charged with a even a relatively minor crime fucks up your life.  And the lives of your family and friends.  There's the financial hit, of course.  Hiring a lawyer if you have the funds isn't cheap.  Bond if you can make it.  Maybe you pay in cash, maybe you pay a bondsman, maybe you put your house up, or your parent's house.  Or your friends'.  (Just try asking someone to mortgage their house - or put it in escrow to the court - for your bond if you want to learn who your true friends are.)  Even if you're out on bond, you're…

  • With All Speed

    16 Jun 2013 | 11:43 am
    They called it the "Timely Justice Act" though it'd be more honestly called the "Kill 'em and Get on with It Act."  Fast and Furious, to steal a term from another bad idea.  But legislators know that a noble sounding name can obscure a wealth of sins (think USA Patriot Act), and that if you call things what they are you run the grave political risk of too much honesty.  (Honesty, not integrity.  Integrity's something quite different though the risks are sometimes the same for a politician.)Regardless of name, it's now the law in the Sunshine State since Rick Scott, the…

  • The Velvet Hammer Speaks

    13 Jun 2013 | 8:35 pm
    Had the logistics been better, I'd be writing this from Madrid where I would be attending the 5th World Congress Against the Death Penalty.  The logistics weren't better.  I'm sitting at my dining room table in Ohio.  Eve Stratton isn't there, either.  Maybe she should be.  Alan Johnson has the story in the Columbus Dispatch.Former Ohio Supreme Court Justice Evelyn Lundberg Stratton said today that she has changed her views and now opposes capital punishment. Stratton, a Republican who left office late last year, told members of an Ohio Supreme Court task force…

  • The Snowdens of Yesteryear

    12 Jun 2013 | 11:44 pm
    I've told this story before.It was back when I was Legal Director of the ACLU of Ohio, and I was to be debating some hot-shot law school professor from some hot-shot law school and about the USA Patriot Act and other post 9/11 measures that involved ceding liberty for the illusion of greater safety.  And, not incidentally, we weren't to know the details, because if they told us, they'd have to kill us.National security, don't you know.I'd done this gig before.  I talk about ephemeral benefits and how all these increased powers to protect us against terrorists are actually being used…

  • Beneath the Robe

    8 Jun 2013 | 5:33 am
    Really, it's no different from auto mechanics or proctologists.  Some are good, some are bad, most are middling.  And then there are the outliers: the extraordinary and the appalling.As with auto mechanics and proctologists, so with judges.  I've written from time to time about good judges, those who do the right thing, act without fear or favoritism and follow the law and the facts wherever they lead.  And I've written about - well, there's Sharon Keller.  There's also Edith Jones.  Like Keller, she hangs out in the Lone Star State and wields the jackhammer of…
 
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    Virtual Marketing Officer

  • “Content is where the real money will be made” ~ Bill Gates (1996)

    Jayne Navarre
    13 Jun 2013 | 9:14 pm
    “Content is where I expect much of the real money will be made on the Internet, just as it was in broadcasting.” ~BILL GATES, January 3, 1996. In 2013, “content” finally appears to be THE hot tool in the marketer’s toolbox, indeed. According to a Marketing Profs’ 2013 study, “B2C Content Marketing: 2013 Benchmarks, Budgets, and Trends—North America,” 86 percent of B2C marketers use content marketing, employing an average of 12 individual tactics. “It’s safe to say that brand journalism, or branded content, is making a comeback in a big way, and it’s exploding…

  • Understanding marketing, business development and client development | Circus Style…

    Jayne Navarre
    12 Mar 2013 | 7:10 pm
    What’s the difference between marketing, business development and client development? Unlike most consumer products, selling services such as law, accounting, real estate, insurance, and consulting involve higher involvement and a longer process, especially for highly regulated professions like law and medicine. Knowing the difference between the tasks involved can help. There are three basic disciplines that apply to the sales cycle for selling services – marketing, business development and client development. These three disciplines are separate, yet inter-dependent. This is a…

  • Social Seating | A ticket to business opportunities

    Jayne Navarre
    1 Mar 2013 | 10:06 am
    Looking for a more productive airline seat—not a quiet one where you can work, read, nap, or catch up on email, but one that puts you face-to-face with the CEO of your law firm’s most coveted prospect? Welcome to Social Seating.  Some ideas are just meant to be born. Imagine your dream prospect has just accepted your invitation to connect on LinkedIn. Over time you exchange a few inMails, but nothing really meaningful transpires to catch their attention. Then, as you are online booking a flight from New York to São Paulo an option appears on the screen inviting you to log on using…

  • Pep talk: throwing and catching in the major leagues…

    Jayne Navarre
    14 Feb 2013 | 1:49 pm
    It is not a coincidence that the best ball players are the ones with the best throwing and catching skills. Good defense revolves around a team’s ability to throw accurately and catch the baseball. Watch any high school level team or below warm up in the outfield and you’ll see players using poor throwing mechanics and running after poorly thrown balls. If playing catch is such a core skill for defense [and everyone knows defense wins championships] why aren’t players better at it? One opinion is that many coaches don’t teach their players how to throw. I really thought…

  • Upgrading Your LinkedIn Account

    Jayne Navarre
    16 Jan 2013 | 11:59 am
    The LinkedIn Dream In 2007 when I joined LinkedIn, I was hopeful, even optimistic, that an online networking site could provide an alternative to the endless round of rubber chicken networking events. I wanted so badly for it to become an essential, virtual venue where like minded people could meet and greet, exchange ideas, and develop meaningful business connections—24/7 from the comfort of their living room. To a lesser degree it has filled that niche—but like all things we “join,” the returns are proportional to our investment. The possibilities of LinkedIn are limited only by the…
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    LawyersandSettlements.com Legal Blog

  • Under 18 Energy Drink Ban Gets AMA Support

    AbiK
    19 Jun 2013 | 10:20 am
    Breaking News: Under 18 Energy Drink Ban Gets AMA Support

  • Law News For You: Energy Drink ER Trips Skyrocket

    AbiK
    18 Jun 2013 | 7:47 pm
    Law News For You: Energy Drink ER Trips Skyrocket. The latest edition of Law News for You looks at energy drinks--their popularity, and an in-depth interview with attorney Kevin Goldberg--one of the attorneys representing the family of Anais Fournier in their lawsuit against Monster Beverage.

  • Week Adjourned: 6.14.13 – Class Action against Obama?

    LucyC
    14 Jun 2013 | 2:58 pm
    Takes a set of you-know-what to sue the President, but... That's the lead story in this week's wrap of top class action lawsuits and settlements, for the week ending June 14, 2013.

  • Duh. Watch College Kids React to Monster Energy Death News (Parent Alert!)

    AbiK
    14 Jun 2013 | 7:43 am
    Add energy drinks to the list of worries for parents sending kids off to college. Of course, energy drinks seem to pale when compared to sex, drugs, alcohol and all that comes with that trio of vices—from OD'ing, to date rape, to DUI's. But that's the thing—energy drinks seem...so...harmless, right? After all, they're sold in convenience stores and vending machines right next to the bags of chips...

  • Asbestos News Roundup: 6.13.13 – Family Asbestos Exposure

    LucyC
    13 Jun 2013 | 11:17 am
    A roundup of recent asbestos-related news and information that you should be aware of for the week of June 13, 2013.. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.
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    Sound & Fury

  • Public servants and Private individuals

    Klang
    10 Jun 2013 | 12:13 pm
    TJ McIntyre has a brilliant quote from Glenn Greenwald that summarizes much of what is important in the privacy debate: The way things are supposed to work is that we’re supposed to know virtually everything about what they do: that’s … Continue reading →

  • Promiscuous plagiarism

    Klang
    30 May 2013 | 11:14 am
    Attitudes towards plagiarism have not always been the same. But this story about a signed letter from Rudyard Kipling admitting promiscuous plagiarism kind of made my day. “I am afraid that all that code in its outlines has been manufactured … Continue reading →

  • Why government shouldn’t have a sense of humor

    Klang
    30 May 2013 | 7:02 am
    You’ve heard it before… social media is a cocktail party. You have to be interesting and interact. Lurk at a cocktail party and you will get bored. Even worse your friends will get bored of you and not invite you … Continue reading →

  • Plagiarism and the desire to share

    Klang
    29 May 2013 | 4:02 am
    Finnish media reports that Kristina Isola, a designer at Marimekko has apologized for plagiarizing a painting by Maria Primachenko in her print Metsänväki (“Forest Dwellers”). Plagiarism is not that newsworthy but her motivation caught my eye: “I didn’t think about … Continue reading →

  • Sun, Sand and GikII VIII

    Klang
    22 May 2013 | 12:21 am
    It’s GikII time. When robots, drones, autonomous agents, Facebook stalking, teleportation, 3D printing, MMORPGS, science fiction, computer games and superhero justice are discussed within the realms of the law and LOL cats, you know the time for the annual GikII … Continue reading →
 
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    Bitter Lawyer

  • The Bar Exam: It’s Not Time to Freak Out (Yet)

    Bitter Editor
    19 Jun 2013 | 8:22 am
    The bar exam is a little over a month away. All the folks in your bar prep class have been clear: after July 4th is when it’s time to freak out. That’s when you up your caffeine and/or cocaine1 intake by at least fifty percent. It’s when you cut all ties with reality and begin mumbling to yourself about various acronyms that are harder to remember than the rule itself. That is when you see your relationships, friendships, and hygiene crumble around you. That day will come. But it is not this day. There’s Still Time to Learn Now it’s still time to learn.

  • LegalZoom to Unveil Lawyer Vending Machines at Courthouses Across America

    Bitter Editor
    19 Jun 2013 | 5:04 am
    LegalZoom has won the praise of advocates for affordable legal counsel.  In a bold move, LegalZoom has broadened its reach beyond those who have access to the internet to those who have access to five dollars in quarters. Legalzoom began offering legal documents to consumers on March 12, 2001, instantly giving anyone with internet access and a credit card the key to the secret cache of documents that every attorney gets after law school. Speaking under a condition of anonymity, a source close to the legal community stated “it was only a matter of time before people figured out that all…

  • Johnson Gets Reprieve From 30 Day Sentence for Excessive Celebration

    Bitter Bachelor
    18 Jun 2013 | 4:55 am
    Chad Johnson Proves once again that touchdown celebrations were just the beginning of his legacy for antics on and off of the football field.  According to Sporting News, the former NFL Wide Receiver was set to settle a plea deal last Monday when things took an unfortunate turn.  While the judge was discussing the deal the Judge asked Johnson about his satisfaction with his attorney, he patted attorney Allen Swickle on the butt to show his approval.  This action earned the controversial NFL player the laughter of the courtroom and a thirty day jail sentence as a performance bonus. Luckily…

  • 5 Reasons Why Being a Lawyer is Really Not as Cool as I Thought

    M Walter
    17 Jun 2013 | 4:12 am
    1. Being a public defender is not as noble as you thought. So, you are going to be a public defender, eh? You are going to help the down and out? Your clients will come to your office, you will serve them coffee and you will rationally and logically explain to them their legal options. They will decide which path they want to take and you will represent them. They will shake your hand and thank you for helping them. LOL, you silly. First off, your client will almost certainly never ever tell you the truth. So, this idea that they will communicate important facts to you is just pure fantasy.

  • Caption This! (June 13, 2013)

    Erick Rigby
    13 Jun 2013 | 7:03 am
    What in the Bitter Lawyer is going on here? Put your lawyerly wisdom to the test and post a comment below or on Facebook with a witty, hilarious, or brilliant caption to this comic, courtesy of Shutterstock.com. And keep it clean(ish) and, y’know, respectful. The editor’s pick will be announced next week, and then we’ll post the comic with the winning caption on Facebook. Caption This! (June 13, 2013) is a post from Bitter Lawyer. The original content in this feed is © 2013 Lawyerist Media, LLC. This feed is provided for private use only and may not be re-published.
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    The Jury Room

  • When in-group rebels have a cause…

    Rita Handrich
    19 Jun 2013 | 4:02 am
    Despite the admiration we often have for whistle-blowers and the generous adjectives we might use to describe them (e.g., courageous, principled, moral) they almost uniformly have a very tough time. They are also seen as disloyal and mean-spirited by members of their former group and typically not revered as having the best interests of the group at heart (contrary to our earlier post). The whistle-blower has aired dirty laundry publicly and thus has betrayed the group and no longer belongs. They may be subjected to retaliation, and can face future job problems when they seek subsequent…

  • Jury sequestration: “Not even the Bible is left in your hotel room”

    Douglas Keene
    17 Jun 2013 | 4:02 am
    It’s no party for the sequestered juror. No morning paper. No TV. No internet cable or WiFi access in your room. No phone. They even take the Bible from your bedside table. While jury sequestration is often requested in high-profile trials, it is rare to actually have it happen. Jodi Arias asked for it and was refused. So did Conrad Murray. Casey Anthony’s jury was sequestered for 43 days—and rather than do an official change of venue, the jurors in her case were chosen in Clearwater, Florida and then shipped 100 miles to Orlando, Florida without access to cell phones or internet.

  • Angry, fearful, gun-owning white men for Zimmerman?

    Douglas Keene
    14 Jun 2013 | 4:02 am
    Earlier this week we wrote about our perceptions of how few African-American jurors the Prosecution really needs for the George Zimmerman trial. Race is such a salient feature in this case that jurors will be hyper-aware their biases could be on full display. But what about the Defense? Who do they want on their jury? If you look at how the Defense has been consistently posting information on social media and their efforts to get Trayvon Martin’s “bad character” information admissible in court–their public juror profile seems pretty obvious. They want people who feel fear when…
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    Karl Bayer's Disputing Blog

  • Texas Supreme Court Issues Emergency Stay to Consider Arbitration

    Beth Graham
    19 Jun 2013 | 6:24 am
    Last week, the Texas Supreme Court issued a stay in an interlocutory appeal regarding whether an ongoing natural gas dispute is subject to arbitration.  In Mike Karlin v. DCP Midstream, LP, No. 13-0415, the owner of a natural gas pipeline, DCP Midstream LP, accused a leaseholder, Karlin, of theft and conspiring with the owner of the mineral rights to double bill the pipeline company.  Karlin argued before a Hutchinson County trial court that an arbitration clause  entered into between DCP Midstream and the owner of the mineral rights as part of the natural gas sale required the parties to…

  • 12 Ways to Achieve Efficiency and Speed in Arbitration

    Karl Bayer
    17 Jun 2013 | 7:00 am
    Disputing would like to bring to your attention a useful article written by Houston-based International Arbitrator and Distinguished Neutral Gary McGowan entitled, 12 Ways to Achieve Efficiency and Speed in Arbitration, Corporate Counsel (April 12, 2013).  In the article, Gary addresses the increasing concern that arbitration has become too lengthy and costly by offering 12 valuable suggestions for corporate counsel to utilize in order to rein in the process.  Those suggestions include engaging in careful planning by tailoring each arbitration clause to the particular situation, defining…

  • CPR to Begin Offering Administered Arbitration Rules in July

    Beth Graham
    14 Jun 2013 | 8:33 am
    On July 1, 2013, the International Institute for Conflict Prevention & Resolution (CPR) will begin offering Administered Arbitration Rules.  According to CPR: For over 30 years, the nation’s top litigators have relied on CPR’s non –administered rules to resolve high-value, complex legal disputes.  In response to users’ requests, CPR is now offering Administered Arbitration Rules for those requiring an administering authority.  As more worldwide companies sign CPR’s Corporate Policy Statement on Alternatives to Litigation, International Pledge Agreements and the 21st Century…

  • Individuals, Groups and Intergroups: Theorizing About the Role of Identity in Conflict and its Creative Engagement

    Beth Graham
    13 Jun 2013 | 7:17 am
    Professors Jay Rothman and Michal Alberstein of the Conflict Management, Resolution and Negotiation Program at Bar Ilan University recently authored a thoughtful article entitled, Individuals, Groups and Intergroups: Theorizing About the Role of Identity in Conflict and its Creative Engagement, Ohio State Journal on Dispute Resolution, Forthcoming.  In their paper, the authors discuss the role that self-perception and identity can play in the dispute resolution process. Here is the abstract: Proactively engaging identity issues in conflict situations has become increasingly common in the…

  • U.S. Supreme Court Grants Certiorari in Arbitration Dispute Involving Investment Treaty

    Beth Graham
    12 Jun 2013 | 8:03 am
    On Monday, the United States Supreme Court agreed to hear BG Group PLC v. Republic of Argentina, No. 12-138.  In the case, the Republic of Argentina argued an arbitrator exceeded his authority by ignoring the terms of a bilateral investment treaty between the nation and the United Kingdom.  The treaty provides that arbitration may take place only if a dispute is not resolved within 18 months of a filing in the host nation’s courts.  Argentina alleged that “BG Group, PLC, a British corporation and investor in Argentina gas companies pursuant to the Treaty, invoked the arbitration clause…
 
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    South Florida Lawyers

  • Spencer Aronfeld Hates Bedsores!

    Faker SFL
    19 Jun 2013 | 6:41 am
      Insert clever comment by SFL here.

  • Shoes to Die For

    Godwhacker
    18 Jun 2013 | 11:35 am
    I hate it when parties go like this... The story began with cocaine and Christmas shoes, and veered into beating and torture. LARGO — A Pinellas County jury listened Tuesday to the vivid and horrifying story of how Stacia Berman's body was found — wrapped in a blanket, plastic bags covering her head, floating in St. Petersburg's Lake Maggiore with two alligators swimming nearby.The story began with cocaine and Christmas shoes, and veered into beating and torture. Assistant State Attorney Fred Schaub told jurors they should conclude the tale by convicting Santonio "Red" Smith and…

  • My House!

    Godwhacker
    18 Jun 2013 | 7:57 am
    [1984] Mary Jane Girls - In My House from Nemesis on Vimeo.Hi y'all! I spoke with SFL via an enigma machine and I have bad news. His trip to the arctic has been extended. They're running low on supplies but I've arranged an emergency drop of JWB, Cohibas, and Tango music. It's good to know a Godwhacker. With luck he'll survive until next week's air lift.In the meantime the lunatics are free to run the asylum. Much like congress, but with much less hairspray. Anyone got anything they want to talk about? I'm here for you, at least until the anesthetics take their course.

  • Gin Gibson Windsurfing Bo Derek Time!

    Faker SFL
    17 Jun 2013 | 8:25 am
    Spencer Aronfeld Spencer Aronfeld Spencer Aronfeld Spencer Aronfeld Gin Gibsons sexy Israelis Hitler Alfred E. Neumann windsurfing Bo Derek bunker denizen coffee swilling Judge Schwartz Captain America Alan Kluger AMAZING!Enjoy the break, SFL!

  • The Longest Day

    Godwhacker
    14 Jun 2013 | 7:29 am
     Happy Friday all, and thanks for putting up with us on the B-Team this week. This was the most fun I've had since those drag queen parties at Red Square ended 13 years ago. Are you buying it? I hope not. Those parties were a blast. In the meantime we have learned that the police can take our DNA over the slightest offense, they just can't patent it.I told you Edward Snowden was hot. Did you know that he was once an aspiring male model?Justice Scalia just doesn't buy all that science crap.Are you looking for Jesus in all the wrong places?Superman is back, but this time no suggestions of…
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    Law Office of Matthew Stoloff » Blog

  • Lessons to Learn from a Nail Salon case

    Matthew Stoloff, Esq.
    3 Jun 2013 | 6:30 am
    In my previous post, “Understanding Non-Compete Agreements,” I opined that it often makes very little business sense for a small business owner to go to court to enforce a non-compete agreement. Many small business do not have “trade secrets” or “proprietary business information” or “confidential clients.” For the vast majority of small businesses, the legal costs associated with enforcing non-compete agreements is probably better spent on other, more important business expenses such as rent, marketing, wages, and taxes. A recent New Jersey case…

  • Seeking Relief for FLSA Violations

    Matthew Stoloff, Esq.
    6 May 2013 | 6:30 am
    The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage, overtime pay, recordkeeping requirements, and child labor standards. An employee who believes that her employer has violated the FLSA may seek relief by doing one of three things: 1. File a complaint with the U.S. Department of Labor, or 2. File a complaint with the U.S. Department of Justice, or 3. File a private lawsuit against the employer. As a preliminary matter, Option #2 is not common. Far more typical are Options #1 and #3. So, let’s focus on these two. Option #1: The U.S. DOL complaint When…

  • Hiring Minors to Work in New Jersey

    Matthew Stoloff, Esq.
    22 Apr 2013 | 6:30 am
    Employers who hire teenagers under 18 years of age and fail to comply with child labor laws and regulations put their business and employees at risk. Employers who violate child labor laws may be convicted and fined thousands of dollars. Throughout the year 2011, the New Jersey Department of Labor cited more than 300 businesses for violating child-labor laws and assessed nearly $588,000 in fines. Recently, a number of large and small companies have been fined thousands of dollars for violating federal child labor laws. Among them: Three retailers at the Jersey Gardens Mall in New Jersey (Cold…

  • Employer Retaliation and FLSA

    Matthew Stoloff, Esq.
    8 Apr 2013 | 6:30 am
    The U.S. Department of Labor recently issued Fact Sheet #77, which make clear that employers cannot retaliate against employees who complain of violations of the Fair Labor Standards Act (FLSA). Under the FLSA, it is unlawful to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to [the Act], or has testified or is about to testify in such proceeding, or has served or is about to serve on an industry committee. 29 U.S.C. §215(a)(3). Fact Sheet #77 also…

  • Restrictive Covenants Among Physicians and Veterinarians

    Matthew Stoloff, Esq.
    1 Apr 2013 | 6:30 am
    It is very common for medical doctors and veterinarians to sign non-compete agreements as part of their employment contracts. Medical doctors and veterinarians need to know that the courts will enforce non-compete agreements only if it is reasonable and serves legitimate business reasons. If the language of the non-compete terms are not reasonable, the courts may “blue pencil” the offending terms. “Blue penciling” means that the courts will modify or alter contract terms that are unreasonable to something more reasonable. For example, if a non-compete agreement…
 
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    International Business Law Advisor

  • What Psychology Can Teach You About Global Outsourcing.

    Santiago A. Cueto
    6 Jun 2013 | 12:25 pm
    Just yesterday I received a call from a businessman looking to outsource a good part of his company’s assembly operation to another country. While I would prefer that the company keep its operations division close to home, I understand the realities of today’s global market. In a world where a company’s success hinges on the slimmest of margins, every penny that a business can save on assembly or production costs helps to keep the doors open. Outsourcing is a solid strategy to save costs but it’s not without its risks. The recent collapse of an eight-story garment factory in…

  • International Litigation Costs: A Comparative Study.

    Santiago A. Cueto
    4 Jun 2013 | 10:16 am
    As readers of this blog know, I’m a big advocate for the arbitration of international disputes. However, the fact remains that a great deal of cross-border disputes result in costly international litigation. I see that a lot here in Miami, where our firm’s international practice based.  There are literally hundreds of  lawsuits filed here that could have easily been resolved by way of arbitration. While there are many reasons why the adverse parties did not include an arbitration provision in their international agreement, the cost of just the jurisdictional phase of international…

  • International Arbitration in Miami is on the Rise. Here’s Why.

    Santiago A. Cueto
    3 Jun 2013 | 1:19 pm
    Whenever someone learns that our  law firm (based in Miami) is currently handling a major international arbitration matter against the Kyrgyz Republic at the Hague,  they almost always ask “why is a complex case like that being handled in Miami?” The answer is straightforward. Over the last decade Miami has become one of the primary players on the international arbitration scene– it’s behind only New York and Los Angeles in terms of the volume of  international arbitration matters being handled in the U.S.. The increase in Miami attorneys trained to…

  • Brazil Joins the Convention on Contracts for the International Sale of Goods (CISG). It’s About Time.

    Santiago A. Cueto
    28 May 2013 | 3:43 pm
    It’s almost everyday now that I get an email or phone call from a Brazilian investor looking to do business in the U.S. (usually in Miami) or a U.S. investor looking to do business in Brazil. It’s not exactly a surprise given the  enormous trade numbers the two countries are putting up—$100 Billion in 2011 alone. Presently, the rules for entering into an international sales contract with a Brazil-based enterprise varies depending on the country of origin of the other party. As one can imagine, this ad hoc approach to  contract formation creates inefficiencies and greatly…

  • How to Terminate Your International Employees: An Overview.

    Santiago A. Cueto
    27 May 2013 | 5:11 pm
    Several weeks ago I received a call from the legal department of a U.S. company with operations in Asia. The company was looking to downsize its operations in the region and was unsure of its obligations in terminating this group of employees. The caller was right to be concerned. While terminating an individual employee here in the U.S. can be fraught with legal issues, it pales in comparison to the complex legal challenges that arise when terminating not just an individual but an entire a group of employees overseas. The majority of countries outside the U.S. have comprehensive regulatory…
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    RainmakerLawyer Blog

  • Building Valuable Client Relationships: Part 3: Do You Have Guts?

    Dave Lorenzo
    19 Jun 2013 | 6:53 am
    It’s 4AM and a corporate executive cannot sleep.  The issues facing his business are threatening his company and his livelihood.  His career is on the line. He reaches for the telephone and places a call to the one person he knows will help him evaluate the situation in a rational and sober manner. Are you on the receiving end of that telephone call? If the answer is “no” or “not often” you will probably never make the kind of income you deserve. In that moment, the corporate executive (or affluent client, professional, public figure) calls someone he trusts. Someone he…

  • Building Valuable Client Relationships: Part 2: It’s About Trust

    Dave Lorenzo
    18 Jun 2013 | 6:10 am
    Moving your relationship from one of attorney/client to trusted advisor involves a great deal of trust.  The client must emotionally invest in you.  He must believe you have his best interests at heart and he must feel as though he is your only (most important) client. Developing this type of relationship with 1,10, 20 or 200 clients is an enormous undertaking.  Most lawyers cannot do it. There are five essential elements of trust-based relationships.  If you focus on these you will grow your law practice but more importantly, develop deep relationships that stand the test…

  • Building Valuable Client Relationships: Part 1

    Dave Lorenzo
    17 Jun 2013 | 9:31 am
    This article is the first in a series of articles on relationship development and its relationship to improved income for lawyers. One of the concepts most lawyers fail to grasp is the different types of relationships that are possible between an attorney and a client. Your clients trust you.  They invested their trust in you before they ever invested their money.  Yet most attorneys do not treat that trust with the respect it deserves. They don’t nurture it and allow it to develop properly.  This prevents the relationship from growing over time. This is one of the key…

  • How Valuable Are You?

    Dave Lorenzo
    16 Jun 2013 | 7:19 am
    Your fee says a great deal about you. Like it or not, people use money as a criteria for passing judgment on everything from homes, to cars to people. When you develop a fee for providing value to your clients, you (and they) typically view that fee as a reflection upon you. And you leave them no choice. When you charge for work completed, or time you spend, it’s hard for people to grasp the value you provide. Think about that for a moment. How much is reviewing a contract worth? How much is a conversation with opposing counsel worth? In that context, most people would view the value you…

  • A Law Firm’s Marketing Should Include Industry Advocacy

    Dave Lorenzo
    15 Jun 2013 | 6:08 am
    Would you like more people in your target audience to know you? Can a leadership position in a community increase your credibility? Are you looking for a way to differentiate yourself from everyone else who does what you do? If you answered “yes” to any of these questions, this may be the best article you read all day. Why? Because I’m going to give you the quick and easy steps you can follow to achieve all three of those outcomes. The answer lies in industry advocacy and how you can leverage it to increase visibility, improve credibility and differentiate yourself from everyone else…
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    Rick Mitchell Law

  • Can I Go Bankrupt Without My Spouse?

    Richard Mitchell
    9 Jun 2013 | 3:00 pm
    Can one spouse file a bankruptcy case without the other spouse?  The answer is “yes.” Who is an “authorized user” on the account? It is common these days for one spouse to generally be unable to pay their debts as they become due, while the other spouse is not liable for those debts. In this regard it is important to understand the  concept of “authorized user.” Just because the spouse’s name appear on a credit card does not mean that that peson has any obligation on the card.  The spouse obtaining the card can designate his or her spouse as an authorized…

  • Closing a Failed Business and Starting Another Like It

    Richard Mitchell
    4 Jun 2013 | 5:14 am
    I have written this letter at various times to deal with the legal obstacles to closing an unprofitable business and getting a “fresh start” with another one. The primary legal obstacle is called “successor liability” Dear (Business Owner): I understand that you have essentially been self-employed and wish to continue in the same line of work. I also understand that your present business is not economically viable. This naturally leads to the conclusion that you must close the old business and start a new one. Unfortunately, starting a business that does essentially…

  • Repaying debts with Debt Consolidation, Debt Settlement, or Chapter 13

    Richard Mitchell
    25 Apr 2013 | 4:54 am
    In nearly 40 years of practicing bankruptcy law, I’ve learned a lot about human nature. One of those things is that the vast majority of people want to pay their debts. Almost invariably, they do not want to file bankruptcy because of the perceived stigma. This is understandable, but it may lead to a decision that in the long run becomes costly and painful. To meet that desire to make good on credit obligations, two consumer credit schemes have emerged, debt consolidation and debt settlement. Before exploring Chapter 13 bankruptcy, let’s understand how debt consolidation and…

  • “I Can’t Pay My Taxes”

    Richard Mitchell
    22 Apr 2013 | 3:06 pm
    If you figured that you are unable to pay your federal or state income taxes in full and on time, there are only five options available to you: Get current.  Some choose to get current through whatever means necessary, including a bank loan or gift from family. The IRS accepts payment by credit card. So does the North Carolina Department of Revenue (NCDOR). Be aware, though, that credit card debt used to pay taxes may not be dischargeable in a bankruptcy case. Installment agreement and payment plan.  The IRS and the NCDOR both offer installment agreements in many circumstances.

  • Reorganizing a Business with Chapter 11 Bankruptcy

    Richard Mitchell
    10 Apr 2013 | 4:25 am
    My typical Chapter 11 client is a small to mid-sized, closely held and viable business with cash flow problems. The business offers either goods or services that are in demand,but needs to be reorganized in an orderly manner instead of haphazardly responding to creditor demands. The source of the financial problems varies; common problems include the decline of the housing market, growth and expansion at a fast pace, embezzlement by an employee, a change in ownership or leadership, or a balloon payment due to a bank that is unwilling to refinance. Some of the company’s debts may be…
 
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    Compliance Building

  • Same Sex Marriage and Accredited Investors

    Doug Cornelius
    19 Jun 2013 | 5:23 am
    The US Supreme Court is likeley to come out shortly with its ruling on same sex marriages. The ruling may have an impact on fundraising for private funds and other private placements. One of the standards for private placements of securities is that the investors generally need to meet the definition of “accredited investors.” For individuals that means a (1) net worth, excluding the primary residence, of $1 million, or (2) annual income in excess of $200,000 in each of the two most recent years or joint income with a spouse in excess of $300,000. That word “spouse” is…

  • Regulation of Investment Advisers

    Doug Cornelius
    17 Jun 2013 | 4:39 am
    The Securities and Exchange Commission recently published a compendium describing the regulation of investment advisers: Regulation of Investment Advisers. It’s not light reading, but the 59-pages provide a helpful overview of investment adviser regulation. It comes from the Staff of the Investment Adviser Regulation Office in the Division of Investment Management. So it carries a bit different take than the Office of Compliance and Inspections, whose examiners will show up your doorstep. OCIE focuses a bit more on the nuts and bolts, while this compendium is more like the architectural…

  • Compliance Bricks and Mortar for June 14

    Doug Cornelius
    14 Jun 2013 | 5:00 am
    These are some of the compliance-related stories that recently caught my attention. Investor Alert—Don’t Trade on Pump-And-Dump Stock Emails FINRA and the SEC’s Office of Investor Education and Advocacy are issuing this Investor Alert to warn investors to be on the lookout for email spam promoting “pump-and-dump” stock scams. SEC Compliance Program Annual Reviews: A Guide for Newly Registered Advisers by Nathan J. Greene, Jesse P. Kanach of Shearman & Sterling Many newly registered investment advisers will need to complete their first annual compliance review this year. This…

  • The Leaky Merger and Insider Trading

    Doug Cornelius
    13 Jun 2013 | 5:12 am
    On December 21, 2009, Sanofi-Aventis, a French pharmaceutical company, announced a tender offer for Chattem, a Tennessee-based distributor of over-the-counter pharmaceutical products, at the price of $93.50 per share. Shares of Chattem closed 32.60% higher than the prior trading day’s close of $69.98 and volume increased more than 3,000% to 10.3 million shares. This may be one of the leakiest M&A transactions. So far the SEC has brought 8 insider trading cases that came from this transaction. The latest case is against Andrew W. Jacobs and his brother Leslie J. Jacobs II. Andrew met…

  • Action in Congress

    Doug Cornelius
    11 Jun 2013 | 5:00 am
    Robert Kaiser was granted rare access to the action behind the scenes of the creation of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Act of Congress is an enjoyable study of the enactment of that law, used as tool to explore how Congress works, and largely how it it doesn’t work. Kaiser was already an associate editor and senior correspondent with the Washington Post and had just finished a book on lobbying and money in Washington. He proposed to Congressman Frank that Kaiser become the historian of the congressional response to the Great Crash of 2008. Frank was…
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    SimmonsFirm Blog: Recent Posts

  • A Real Life Super Hero: Janelle Bedel's Fight Against Mesothelioma Cancer Inspires 'Wonder' Among Meso Community

    5 Jun 2013 | 5:00 pm
    Posted by Simmons Law Firm June 6, 2013 Homegrown social media campaign grows rapidly in support of Wonder Woman with mesothelioma   Today is Wonder Woman Day in Rushville, Indiana. The town’s mayor made the declaration Monday in honor of Rushville resident and mesothelioma patient Janelle Bedel. A portion of today’s sales from the Rushville Hardee’s will benefit Janelle who plans to donate the funds to the Asbestos Disease Awareness Organization. The declaration is the culmination of an outpouring of community support for Janelle and her family after they announced her decision to…

  • Asbestos and Mesothelioma Updates: May 2013

    30 May 2013 | 5:00 pm
    Posted by Simmons Law Firm May 31, 2013 The mesothelioma lawyers at the Simmons Firm have brought together recent headlines highlighting the dangers of asbestos exposure and new information concerning mesothelioma research from throughout the nation and world. Asbestos removed as athletes swim on Asbestos is being removed from the outside of the Australian Institute of Sport Aquatic Centre as the country’s elite swimmers continue to practice inside the building. Daily tests are being conducted to make sure there are no asbestos fibers in the air around the worksite. Asbestos Disease…

  • Coldwater Creek: St. Louis Magazine Op-Ed Piece Reflects Outrage of Sick Residents

    28 May 2013 | 5:00 pm
    Posted by Simmons Law Firm May 29, 2013 A compelling opinion piece about the contamination of Coldwater Creek in North St. Louis County was published in the June edition of St. Louis Magazine. On newsstands this past week, “The Poisoned Children of Coldwater Creek” by Ray Hartmann is critical of the media and the Missouri state government. But if the media is unhelpful, Missouri state government is worse. Apparently in response to some public outcry, the Missouri Department of Health & Senior Services issued a report in March claiming there was no health problem near Coldwater Creek…

  • Asbestos Legistation Update: Corporations Lobby for Legislative Protections While Thousands of U.S. Military Veterans Continue to Die from Asbestos Cancer

    23 May 2013 | 5:00 pm
    Posted by Michael Angelides May 24, 2013 “If you have enjoyed a good life while working with asbestos products, why not die from it.” Nearly 50 years ago, the Director of Purchasing for the Bendix Corporation, a part of Honeywell, wrote those words. Today, asbestos companies and their public relations gurus are still waging war on cancer victims, including our military veterans. Experts estimate 30 percent of all mesothelioma victims in the United States are military veterans. That’s a staggering number when you consider that between 1999 and 2007 the Center for Disease Control reported…

  • Asbestos Litigation History: The Cover-Up

    20 May 2013 | 5:00 pm
    Posted by Simmons Law Firm May 21, 2013 Asbestos has been used for thousands of years. Although it is sometimes assumed that the health hazards of asbestos have only been known for the past century, this is not the case. The dangers of asbestos exposure came to light as far back as the year 100 AD, when Roman Naturalist Pliny the Elder wrote about the gruesome consequences he witnessed among slaves at asbestos jobsites. In his work Natural History, Pliny the Elder noted the quick, painful deaths brought on by respiratory diseases among the slaves who had worked with asbestos.    By…
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    Texas Wills and Trusts Law Online

  • Wacky Wednesday: Wills That Make You Go “Hmmm…” – Solomon Sanborn

    Rania Combs
    17 Jun 2013 | 7:30 am
    NB: This post is part of a series highlighting wills that contain some interesting, and sometimes bizarre, bequests and stipulations. You can see all these posts here. Solomon Sanborn of Medford, Massachusetts was a patriot, and was especially proud of the part Massachusetts took in the Revolutionary struggle. So when the hatmaker died in 1871, he left his body to science but stipulated that his skin be tanned and used to make two drums. The drums were to be presented to a friend, a local drummer, on the condition he promise to go to Bunker Hill at dawn every June 17th and drum out the tune…

  • Talking With Your Parents About Their Financial Affairs

    Rania Combs
    5 Jun 2013 | 7:30 am
    Many elderly parents are uncomfortable sharing their finances with their children. An article I read recently suggested several reasons they may be wary. Some parents worry that their kids will lose motivation to work if they thought they might inherit a substantial amount of money. Others are concerned their children might pressure them for gifts, or might get greedy and try to take control of their finances as they get older. These parents’ fears are not unfounded. According to the article, financial elder abuse is a $3.2 billion a year problem. For example, I recently read about a woman…

  • Will The State Get All My Assets If I Die Without A Will?

    Rania Combs
    29 May 2013 | 8:00 am
    The law gives you the freedom to decide how and to whom your assets are distributed when you die by making a Will. If you die without a Will, your assets will be distributed to your heirs according to a statutory formula. You can learn more about Texas’ rules of descent and distribution by reading Dying Without a Will: The Texas Intestacy Statutes. The only time your property will be transferred to the State of Texas is if there are no heirs available to inherit your assets. Before it can claim any property, the State of Texas must file a petition and prove that there are no heirs to…

  • Can Your Spouse Handle Your Financial Affairs?

    Rania Combs
    22 May 2013 | 8:00 am
    Often in marriages, one spouse ends up handling most of the couple’s financial affairs. The division of responsibilities doesn’t always fall along gender lines. Typically, the individual who is most organized and financially savvy takes assumes responsibility of paying the family’s bills and handling financial investments, while the other focuses on responsibilities that align more with his or her strengths. But what happens in the case of death or incapacity? Does your spouse know what bills you pay each month and how you pay them? If you pay your bills online, as many of us now do,…

  • In Memory of Jake

    Rania Combs
    15 May 2013 | 8:00 am
    My family experienced the full spectrum of emotions last week. We started the week celebrating my brother’s wedding, and ended it grieving the death of my father-in-law, Jake Combs, from a sudden and unexpected illness. Although Jake was 84, he had been in excellent health. He and my mother-in-law, Vera, had expected to travel to the Far East on Thursday, the day he died. His burial was yesterday. We miss him terribly. If you asked Jake to describe himself, he would say that he was a Christian who loved God and dedicated his life to His service. Jake was an ordained minister, who spent 60…
 
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    UsefulArts.us

  • A Scout is Equal: The LGBT way forward for the BSA

    Dave Wieneke
    30 May 2013 | 9:00 am
    On a personal note, as a long time Scouter and a former member of their professional staff…I wrote this letter published in Bay Windows, the newspaper serving Boston’s gay LGBT community. — The Boy Scouts of America’s old policy of totally discriminating against gays was a train wreck of a strategy, driven by a culture within Scouting’s leadership. The new policy— letting gay kids be Scouts but still banning gays and lesbians from being Scoutmasters— isn’t great, but it makes 100 percent acceptance inevitable. To make that happen faster, the BSA needs help from the…

  • Aereo: The Cable Killer…Contorted By Law

    Dave Wieneke
    28 May 2013 | 7:21 pm
    When I heard about Aereo, the start-up which lets subscribers watch live TV on the Internet through mobile devices, I only had two questions: 1.) Is there any way this is legal? and 2.) Why does it take a disruptive competitor to give consumers new services they want? These are the same basic questions asked fifteen years ago when Competitive Local Exchange Carriers (CLECS) began to offer Internet services over phone lines owned by local Bell companies (RBOCS).  In both cases, challengers created convoluted businesses to take on entrenched incumbents on a terrain defined by regulatory and…

  • Andrew Schwint and Michael Flint: The Power of Design Thinking

    Dave Wieneke
    23 May 2013 | 12:08 pm
    Here’s a quick roll up of some pearls of design wisdom that ISITE Design’s creative director, Andrew Schwint, shared recently in his presentation on the Power of Design for the digital business course I teach here in Boston. He talked about being directed by purpose, because design is about being successful…not just pretty. “Strategy is the opposite of personal opinion.  Everything should tie back to the brands goals.” “Good design solves problems creatively, not just with creative.” “If it feels like the site you thought you were going to,…

  • Life’s data layer lets you know thyself in little ways

    Dave Wieneke
    17 May 2013 | 2:41 pm
    The information layer in our life is getting richer and more useful. Part of this is intentional, we hook up dashboards and carry devices to quantify parts of our lives, but part is automatic. Take my bike for example. Actually, its Hubway’s bike, in fact its their fleet of bikeshare bikes. A few days ago I tried a new short route between North and South Stations in Boston, cutting through Post Office Square; a shorter route with more stoplights.  After a few days of trying the new fun route, I wondered if it was really faster. So, I logged in to Hubway to see their record of how long…

  • Join me on TODAY’s Googe+ Hangout on Channel Integration

    Dave Wieneke
    15 May 2013 | 3:10 am
    As a run-up to Integrated Marketing Week in New York, my friends at Econsultancy have stood up a series of Google+ Hangouts to preview how marketers are joining up marketings digital elements to create integrated customer experiences. The event is at 9am Pacific / noon Eastern time today — no registration is needed, just come by the G+ Hangout. I’ll be joined by Liz Miller of the CMO Council which is an association of 35,000 marketing leaders and Murray Izenwasser of Biztegra which helps companies succeed on the social web. The discussion will look at how you align thought…
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    A Connecticut Law Blog

  • On the (Maybe) Eve of the Supreme Court’s DOMA Decision: Love and Marriage and Prenups

    Meghan Freed
    16 Jun 2013 | 5:34 am
    I (Meghan) find myself, on what could be the eve of the United States Supreme Court’s decision in United States v. Windsor (the case which will likely determine the constitutionality of the Defense of Marriage Act (“DOMA”)), drafting a prenuptial agreement in advance of a same sex couple’s wedding.  The timing of this agreement reminds me, yet again, not only of the obvious inequality and additional financial burden  same sex couples face due to DOMA, but how ludicrous the “married in this state, not married in that state, not married federally”  status…

  • Meghan’s Interview in “Gay Business and Marketing”

    Meghan Freed
    13 Jun 2013 | 6:48 am
    Jenn T. Grace from Gay Business and Marketing and the author of But You Don’t Look Gay put together a series of thirty  interviews with LGBT business leaders.  (LGBT stands for lesbian, gay, bisexual and transgender.)  She is uploading one each day in June, and today is my (Meghan’s) day. Jenn and I discussed everything from the joy that our  law practice with our lesbian, gay, and same-sex couple clients  brings to Kristen and me, to the matrimonial, custody, and estate planning legal issues faced by LGBT individuals and families, to  my…

  • Freed McKeen “Race To Fill The Pantry”

    Ryan McKeen
    7 May 2013 | 5:49 am
    “50 million people in the U.S.-one in four children-don’t know where their next meal is coming from, despite our having the means to provide nutritious, affordable food for all Americans.” – A Place At The Table Click here to view the embedded video. Freed McKeen, LLC has teamed up with the Glastonbury River Runners to bring you the “Freed McKeen Race To Fill The Pantry 5k”. The race is Sunday, November 10, 2013 in Glastonbury.$5 from every registration fee will be donated to the Glastonbury Food Bank. Participants are also asked to donate a non-perishable…

  • One Runner’s Thoughts On The Boston Marathon

    Ryan McKeen
    16 Apr 2013 | 6:34 am
    “As a runner, there seems to be a collective feeling that one day, you’ll run Boston.” – Elizabeth Corneau, Boston.com I don’t have the words to explain how much I respect anyone who runs Boston. For runners, the Boston Marathon is the Holy Grail. It is the world’s oldest annual marathon. It is the “Granddaddy of Them All”.  It is arguably the greatest athletic event on the planet. Yesterday, I was messaged by several concerned friends asking me if I had run the race. I hadn’t. I can’t. I’m not close to being good enough.

  • One

    Ryan McKeen
    11 Apr 2013 | 6:11 am
    Click here to view the embedded video. “One” is my word for 2013. One New Years day, I resolved to run at least one mile each day. Yesterday was the 100th day that I’ve put on my running shoes and ran at least one mile. Running one mile every day changes my life. Running one mile is easy. I can run a mile in 6 minutes. Faster than that if I want to push things. I’ve been running for 4 years. In that time, I’ve run 3 marathons, numerous half marathons, and run thousands of miles along the way. Yet finding the time and energy to run a mile each day is the greatest…
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    Legally India - News for Lawyers

  • Amarchand 2012-Mumbai partners Choudhary, Murthy to leave for USA & MBA

    19 Jun 2013 | 11:11 am
    Amarchand Mangaldas Mumbai corporate partners Amita Choudhary and Aysswarya Murthy are set to leave the firm.

  • ELP rebuilds litigation post April poach with Amarchand PA Nagra + 9

    19 Jun 2013 | 11:08 am
    Amarchand Mangaldas Delhi principal associate Kirat Singh Nagra will replace former Economic Laws Practice (ELP) litigation head and partner Tarun Gulati who was in April poached with his team of one associate partner and 11 associates by PDS Legal.

  • What does the ‘pre-marital-sex = marriage’ Madras HC judgment actually say? Read it here

    19 Jun 2013 | 8:07 am
    Read the full judgment of the Madras high court, which was the cause of controversy, outrage and humour on social and other media.

  • UBS India GC Nischal Hindia joins Diageo to replace Mamta Sundara

    19 Jun 2013 | 8:06 am
    UBS India executive director and country counsel Nischal Hindia, who joined the financial institution from Allen & Overy London in 2011, has left to head of Diageo India’s legal team, reported legal news website Bar & Bench. Hindia graduated from NLSIU Bangalore in 2003 and had previously worked at Wadia Ghandy & Co in Mumbai and Freshfields Bruckhaus Deringer. Sundara told Legally India earlier this year in an interview that her role at the global drinks giant since 2010 had included regulation, licensing and other matters. However, 2012’s acquisition of Indian liquor company…

  • Wired: Nalsar tops India Today | Sweeping marriages | Suicidal state of affairs | Anti-PRISM PIL

    19 Jun 2013 | 3:57 am
    Nalsar tops India Today: Nalsar Hyderabad displaced NLSIU Bangalore at first place in India’s top 25 law colleges this year according to India Today. NLSIU, Delhi University, NUJS Kolkata, NLIU Bhopal, GNLU Gandhinanar, Symbiosis Pune, NLU Jodhpur, ILS Pune, AMU Aligarh, BHU Varanai and Amity Law School Delhi follow Nalsar, in that order. [Rankings via India Today] Sweeping marriages: As social media buzz continued about the Madras HC maintenance order on sex and marriages, former Madras HC judge K Chandru “warns against the tendency to make sweeping statements in family matters”,…
 
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    Associate's Mind

  • A Critical Factor For Success: Accountability

    Keith Lee
    17 Jun 2013 | 5:26 am
    “We are what we repeatedly do. Excellence then, is not an act, but a habit.” – Aristotle The  trick is not holding other people accountable – but holding yourself accountable. It’s the central starting point of developing an appropriate professional mindset. Recognizing that you are personally responsible for your actions and results (or lack thereof) delivered to clients. You must strive to do the best you can in all situations. While it will make a difference in the quality of the work you produce, more importantly it makes a difference in you. Pushing…

  • What It Feels Like To Be A Client

    Keith Lee
    11 Jun 2013 | 8:57 am
      It’s easy for lawyers to become entrenched in their position and lose the perspective of someone not well-versed with the law. They lose perspective on what it feels like to be a client. Clients usually come to a lawyer feeling one of these things: I’m worried. I’m feeling threatened. I’m feeling insecure. I’m exposed. I’m feeling ignorant. I’m impatient. I’m suspicious. I’m taking a personal risk. A client comes to you, in a vulnerable state, and likely unsure of how to select a good lawyer. When you talk to a client it’s…

  • Law Professor Infuriating Comment of the Day: I. Glenn Cohen (Harvard) Edition

    Keith Lee
    8 Jun 2013 | 7:23 am
      Very briefly over at PrawfsBlawg there was a post up entitled How To Increase Your Risk of Not Getting Tenure by recently tenured Harvard law prof I. Glenn Cohen. I say was because it quickly got pulled down. Over at TaxProf, Paul Caron has a clip from the post: Write less than one paper a year or leave most of your publishing for late in your tenure clock Co-author too much Being too much of a wallflower or being not enough of a wallflower Focus too much on teaching or service Fail to get to know those in your field, fail to be a good PR agent for yourself Undertake projects with…

  • How To Turn Your Anxiety Into Achievement

    Keith Lee
    7 Jun 2013 | 5:31 am
    I was talking with some 3L students a month ago who were oh-so-ready to graduate from law school, but also nervous knowing that the bar exam is looming not too far away. Thinking back to when I took bar exam, there was a certain level of anxiety and apprehension in the months leading up to the bar exam. It’s difficult for there not to be. Three years of your life riding on a single test.  For many people, the pressure of bringing to bare three years of knowledge on a single test can give rise to a high degree of stress. This can often kick in the fight-or-flight response, to no real…

  • Review: The Articulate Attorney

    Keith Lee
    4 Jun 2013 | 10:45 am
      I also recently received a review copy of the second edition of Brian K Johnson & Marsha Hunter’s The Articulate Attorney: Public Speaking for Lawyers. Johnson & Hunter get right to the point of the matter with their very first sentence: People expect attorneys to be good public speakers. Yet as all lawyers know, the public speaking skills of lawyers range from world-class to abysmal, with most lawyers likely falling closer to the latter end of the scale. But the general public expect lawyers to be eloquent and full of personality when speaking. People have seen…
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    Dangerous Drugs & Medical Devices

  • Intrauterine Contraceptive Device Migration

    Jared Fink
    30 May 2013 | 3:24 pm
    A recent article published in Archives of Gynecology andObstetrics has shown that intrauterine contraceptive devices such as Mirena® inserted by those without adequate training and certification are more likely to perforate the uterus and migrate to the abdomen.  While this may seem intuitive, it is a potentially-important consideration, given the increasing problem of IUD migration.  To read the original research detailing surgical management procedures for mislocated intrauterine contraceptive devices, access the 2010 article by Osman Balci et al. online. Recently, it has become…

  • Metal Debris in Liver, Spleen of Majority of Patients with Metal-on-Metal Hip Replacement

    Jared Fink
    30 May 2013 | 2:54 pm
    A 2004 article published in The Journal of Arthroplasty has shown that tiny metal particles (less than one micrometer in diameter) can be found in over 73% of people who used a metal-on-metal hip implant.  This research, conducted by Robert M. Urban et al. is titled “Accumulation in Liver and Spleen of Metal Particles Generated at Nonbearing Surfaces in Hip Arthroplasty“ and is available in part online. The Urban et al. (2004) study performed a postmortem analysis of the livers of 15 patients with all-metal hip replacement systems and using high-powered electron microscopes,…

  • 2012 – Research Shows Danger of Transvaginal Mesh

    Jared Fink
    23 May 2013 | 10:23 am
    Recently (2012) an article published in Obstetrics and Gynecology has reviewed the frequency with which complications surrounding surgery occur as well as how often reoperation is required following “prolapse repairs using mesh and biologic grafts.”[1] By analyzing “all female members of [the healthcare provider] Kaiser Permanente Southern and Northern California and Hawaii who underwent sling procedures or pelvic organ prolapse surgeries using implanted grafts or mesh between September 1, 2008, and May 31, 2010,”[2] the Nguyen et al. (2012) team was able to secure 4,142 test subjects…

  • Reuters – “Judge calls for female lawyers on plaintiffs’ committee in Mirena MDL”

    Jared Fink
    22 May 2013 | 10:55 am
    As reported by Reuters (link), a New York judge overseeing a number of lawsuits filed against Bayer AG due to improper warnings about the danger of the Mirena® intrauterine contraceptive device, has asked that a committee of plaintiffs filing the lawsuits include more female lawyers, “given the nature of the litigation.”[1] The current lawsuits against Bayer AG regarding the Mirena® intrauterine contraceptive device results from a myriad of medical research demonstrating with a high degree of certainty the danger of this IUD: this levonorgestrel-releasing intrauterine contraceptive…

  • Severe Side-Effects of Transvaginal Mesh

    Jared Fink
    20 May 2013 | 10:55 am
    A report titled “Dyspareunia and chronic pelvic pain after polypropylene mesh augmentation for transvaginal repair of anterior vaginal wall prolapse” published in a 2007 edition of The International Urogynecology Journal by Lawrence L. Lin et al. illustrates the case of one woman who used transvaginal mesh following pelvic organ prolapse and suffered particularly unfortunate side-effects. While the risk rate for vaginal mesh erosion has been found to be as high as 20% by some studies, and other studies have linked vaginal mesh use to an increased risk for bacterial infections, few have…
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    Lawyerist.com — the law practice survival guide

  • Social Media and Jurors

    Megan Zavieh
    19 Jun 2013 | 9:13 am
    Most of us know only enough about jury selection to figure out how to get bounced from a potential jury. Lawyers who work in jury selection, though, know its ins and outs and have a new tool to consider – social media. So how much can lawyers use social media to learn about jurors, and how far may a juror go in social media posts about their jury service before they corrupt the judicial process? And how will we all see this play out at the country once again glues itself to media to watch a “trial of the century”?  Social Media in Jury Research Jury research is an entire industry unto…

  • BlackBerry Z10 Review

    Sam Glover
    19 Jun 2013 | 7:29 am
    BlackBerry Z10 Review I recently got the chance to try the BlackBerry Z10, the new “flagship” phone from the former king of the smartphone. It is, unfortunately, underwhelming. While the hardware is beautiful, the software and ecosystem are pretty weak. Overall, the Z10 feels several years out of date and unlikely to catch up any time soon. If you have never used an iPhone or an Android phone, you might be reasonably impressed by what the Z10 has to offer. It is, as I said, a beautiful piece of iPhone-esque hardware. The browser is solid, the user interface isn’t awful, and…

  • How In-House Counsel Use Social Media

    Roy Ginsburg
    19 Jun 2013 | 6:08 am
    The blogosphere contains many posts about how you can use social media to advance your legal marketing efforts. Given the sheer volume of such posts, we imagine that only Luddites would fail to use social media today. This belief is reinforced by statistics apparently showing that only in the most remote parts of Africa, where there is no access to Wi-Fi, do people neither tweet nor maintain online friends. No matter what you do to market your practice, you must be where your clients are. You join groups where clients belong, write articles that will be published in places where clients can…

  • Why LegalZoom Is Better than You [Sponsored Post]

    Estate Map
    18 Jun 2013 | 10:46 am
    I’m going to come right out and say it. Online legal services offer a better service proposition than some estate attorneys. In fact, they currently present the biggest threat to estate attorneys in the history of our industry. I sense you vigorously shaking your head. Nonsense, you mutter. After all, estate attorneys do more than just draft one-size-fits-all documents. We use our knowledge to advise clients on the best way to protect their family and preserve and distribute assets according to specific wishes. We offer personal advice. They offer form documents. I’ve heard these defenses…

  • Does Your Commute Have to Make You Miserable?

    Sybil Dunlop
    18 Jun 2013 | 9:00 am
    I recently transitioned from a 10 minute commute to a 35 minute commute. All of the research indicates that this switch should be making me desperately unhappy. So far, however, I am not miserable. Here’s why. I didn’t want to move to the suburbs. As someone who has lived in a major metropolitan city since 2001, I viewed city-living as part of my identity. But my husband took a job an hour away and the commute was killing him. We talked about finding a home halfway between our two jobs. Next thing I knew, I was living the plot of Green Acres (I should add that, other than my Green Acres…
 
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    New York Personal Injury Law Blog

  • SCOTUS KOs Lawyers Trying to Use DMV Data To Solicit

    Eric Turkewitz
    19 Jun 2013 | 4:07 am
    Today’s question:  If the government collects information about you, and makes it public to some people, does that mean it has to make the same data available to everyone? If the question looks familiar it’s because it was the subject of a post I made last week about mugshots and arrest data that a mugshot website wanted to place on the web (so it could then charge people to take the information down). That answer, according to New York trial judge interpreting a local statute, was no due to the privacy interests of the arrestees. The post gave rise to a spirited debate in the…

  • NY Judge KOs Request for Mugshots/Data by Mugshot Company (Updated)

    Eric Turkewitz
    14 Jun 2013 | 4:47 am
    Some of you are aware of a cottage industry whereby “entrepreneurs” scrape the websites of local law enforcement, put mugshots on the web, and then, for a small but tasty fee will take them down when an aggrieved individual complains. I wrote about this last year (as did Scott Greenfield, see also Reuters. No, I don’t know how such people can live with themselves by creating misery for others just so they can turn a buck. But that is only a secondary point of this post. As first reported by the New York Law Journal ($), a New York judge shot down the Freedom of Information…

  • The Most Important Word

    Eric Turkewitz
    13 Jun 2013 | 4:28 am
    The call comes in a thousand iterations. It often looks something like this, with my quick analysis in parenthesis: My kid was hurt on the playground. Is there anything I should do? (Parent wants to know they did everything possible for the child.) Could my spouse’s disease have been treated earlier? (Spouse wants to know they did everything possible.) Someone said mean things about me on the Internet that are defamatory, can you help me? (Rage, often justifiable.) That car ran a light and almost injured me. (Almost doesn’t count.) You know where this is going, right? Lawyers that…

  • John Edwards to Open New Plaintiff’s Firm in Raleigh?

    Eric Turkewitz
    5 Jun 2013 | 11:42 am
    Former Senator and V.P candidate John Edwards is, it seems, returning to the law. As per CNN: Former Sen. John Edwards is looking to open a new law firm this September, a source told CNN’s Chris Cuomo. The firm will be based in Raleigh, North Carolina, and will focus on plaintiff work, the source said. Before entering politics, Edwards was a nationally known attorney who specialized in representing plaintiffs in medical malpractice, personal injury and product liability lawsuits, earning millions. On the one hand, he would return to a field he knows best. He was obviously comfortable…

  • Dr. Robert Israel Slapped with 3-Year Probation Sanction

    Eric Turkewitz
    4 Jun 2013 | 2:22 pm
    It is unlikely that the name Robert Israel means much to many of my readers. But if you are a practicing personal injury lawyer in New York, it means a whole lot. And the fact that he was just placed on probation for professional misconduct means a whole lot more. Dr. Israel has been, for many years, one of the most frequent orthopedists that defense firms and insurance companies turn to for medical-legal exams. These are done so that the defendants get an “independent” view of a plaintiff’s injuries, apart from the opinions of the treating doctors. Then he comes in to…
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    UNWASHED ADVOCATE

  • What does an Aussie have to say about military sexual assaults?

    Eric
    14 Jun 2013 | 10:58 am
    This is the closest I’ve seen a modern-era general come to one of the Patton-esque monologues of a bygone military era. Why will our generals never do something like this? Two reasons. 1. Defense counsel will use such posturing, if it comes from a high-ranking military official, to substantiate allegations of unlawful command influence in judicial proceedings for the foreseeable future. After all, anything that high-ranking Generals, service secretaries, and POTUS say about current and future judicial proceedings can be used by innovative defense attorneys to gain traction on behalf of…

  • True Clairvoyance

    Eric
    13 Jun 2013 | 8:57 am
    Whilst sorting odds and ends from my childhood, I made a shocking discovery. In the 1970s, I foresaw Bruce’s coming involvement with the Kardashians and reacted appropriately by defacing his picture. My skills of second sight have, sadly, diminished since that glorious decade. If you look close enough, you will see that I was a fan of Bert from Sesame Street. Not sure what that has to do with Bruce.  

  • I leave for a few days and…

    Eric
    7 Jun 2013 | 8:22 pm
    So, I leave for a few days away from the world and this hits: The Army psychiatrist charged in the 2009 Fort Hood shooting rampage will represent himself at his upcoming murder trial, meaning he will question the more than two dozen soldiers he’s accused of wounding, a military judge ruled Monday. Maj. Nidal Hasan’s attorneys will remain on the case but only if he asks for their help, the judge said. Hasan, 42, faces the death penalty or life in prison without parole if convicted of 13 counts of premeditated murder and 32 counts of attempted premeditated murder. After questioning…

  • Boy Scout Update. Some Progress, but Still Exclusionary.

    Eric
    23 May 2013 | 3:48 pm
    In a significant decision that will certainly benefit Boy Scout youth, the muckily-mucks in the Boy Scouts of America decided to allow openly gay scouts under the age of 18. (Age 18 is the point in Boy Scouts where a youth becomes an adult.) In a significant decision that will continue to support my assertion that the muckity-mucks in the Boy Scouts of America are exclusionary and hardly positive examples of morality, understanding, and acceptance, they also voted to keep the gay-18-and-over crowd out of the program. Essentially: Gay youth under the age of 18 are safe, moral, and eligible to…

  • It’s In The Books

    Eric
    23 May 2013 | 8:13 am
    Published by the American Psychiatric Association, the DSM-IV-TR provides a common language and standard criteria for the classification of mental disorders. (Photo credit: Wikipedia) You can tell a lot about a lawyer’s practice from the books on his shelves. The three most tattered and dog-eared books on my shelf (in order): 1. Manual for Courts-Martial 2. Department of the Army Pamphlet 27-9 (Military Judges’ Benchbook) 3. Diagnostic and Statistical Manual of Mental Disorders, 4th Edition (DSM-IV) Will the DSM-5 replace my beloved DSM-IV? At this point, my magic 8 ball says…
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    Lawctopus

  • Call for Contributions to Preshti Newsletter : Work on Prison Reforms; Submit entries by July 7

    Neeati
    18 Jun 2013 | 9:44 pm
    Preshti is an investigative project launched by Alexis group to identify needed prison reforms. The project will collect primary data by visiting the prisons in Pune and Mumbai and will brainstorm over the required reform initiatives. Preshti is pleased to launch the inaugural issue of its first newsletter! Preshti is calling for contributions from students, members, lawyers, activists and social workers who are passionate enough to pen down their thoughts, views and opinions on various issues in the field of Human rights. There are a few essential requirements that must be kept in mind while…

  • JOB POSTION: Associate Attorney @ Selvam & Selvam, IP Law Firm, Chennai

    administrator
    18 Jun 2013 | 11:02 am
    Selvam and Selvam is a full-fledged Intellectual Property law firm based in India. Our proficiency extends to all the facets of Intellectual Property including Copyrights, Trademarks, Patents, Designs, Geographical Indicators, Trade Secrets and Domain Names. We handle the entire life cycle of Intellectual Property - identification, valuation and protection, through prosecution, management, enforcement and complete strategic support. The post JOB POSTION: Associate Attorney @ Selvam & Selvam, IP Law Firm, Chennai appeared first on Lawctopus.

  • Call for Papers: World Law Dialogue; Submit by July 15

    administrator
    18 Jun 2013 | 10:37 am
    THEMES FOR PAPER SUBMISSION Education Healthcare Information Technology International Relations Women EmpowermentThe post Call for Papers: World Law Dialogue; Submit by July 15 appeared first on Lawctopus.

  • Internship @ Greenpeace, Bangalore: Engaging, Encouraging Team Members, 10k Stipend

    Neeati
    18 Jun 2013 | 8:30 am
    The crowd is casual in both manners and dressing, they speak mostly in English and some Hindi as well. All of them are extremely passionate and committed to what they do, and the same is expected from the intern.The post Internship @ Greenpeace, Bangalore: Engaging, Encouraging Team Members, 10k Stipend appeared first on Lawctopus.

  • Internship @ Vodafone, New Delhi : Drafting Work, Friendly Environment, No stipend

    Neeati
    17 Jun 2013 | 7:04 am
    Main Tasks included working on contracts of Distributors, lease deeds, license deeds etc. Filing of replies to legal notices. Drafting of WS for High Court cases. Assembling of facts for Consumer Cases. Segregating the list of cases according to nature. Drafting replies to RTI applications. Finding facts within the organisation regarding replies to to be filed in consumer forums or civil/criminal cases. Nachiketa Goyal. Amity Law School, Noida. Year - 5th The post Internship @ Vodafone, New Delhi : Drafting Work, Friendly Environment, No stipend appeared first on Lawctopus.
 
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    Fashion Law | Fashion Lawyer | Fashionentlaw.com

  • Fashion Modeling Law: (ANALYSIS) New York Passes Child Model Laws, What it All Means for the Fashion Industry #Fashionlaw

    FASHIONENTLAW™
    16 Jun 2013 | 12:38 pm
    Hi everyone. I have been quite busy since January with law work, publishing, writing a book and the list goes on, welcome to the life of trial lawyers, business entrepreneurs and all around go getters. Nevertheless, I have been blogging fashion law on Ladybrillemag.com, although my analysis there is not as comprehensive as on fashionentlaw.com. So, please visit www.ladybrillemag.com for a quick fashion law fix, to stay up to date with my fashion law coverage when you miss me on www.fashionentlaw.com. It is good to be back. My coverage, especially since my reporting is comprehensive, will most…

  • FOR IMMEDIATE RELEASE: UC Hastings to Host Inaugural Fashion Law Panel Moderated by Fashion Lawyer Uduak Oduok #Fashionlaw

    FASHIONENTLAW™
    9 Jan 2013 | 9:54 am
    FOR IMMEDIATE RELEASE: UC Hastings to Host Inaugural Fashion Law Panel Moderated by Fashion Lawyer Uduak Oduok (SAN JOSE, Jan. 9th, 2013) – On Thursday January 17th, 2013, The University of California Hastings College of the Law will host the first ever Fashion Law Panel in Northern California. The free event, which also plans to provide MCLE credit for attorneys attending, will be held at 200 Mc Allister Street, Hastings campus, from 6:00-7:15pm, with a reception to follow right after. The event, co-produced and organized by Ebitu Law Group, P.C. (ELG), will be moderated by the firm’s…

  • First Ever Northern California Fashion Law Panel to be Held at UC Hastings College of the Law Jan. 17th, 2013 #Fashionlaw

    FASHIONENTLAW™
    18 Dec 2012 | 9:07 am
    Ebitu Law Group, P.C. In Association with U.C Hastings College of the Law Entertainment & Communications Law Journal Presents The First Ever Northern California Fashion Law Panel Date: January 17th, 2013 Time: 6:00pm-7:15pm Location: 200 McAllister Street San Francisco, California 94102 Cost: FREE Event Description: Fashion Law is an exciting and emerging field slowly gaining the attention of the legal industry, the media and the fashion world. But, what exactly is fashion law? What do fashion lawyers do? What about fashion designers? What situations in the operation of a fashion…

  • First Ever Northern California FASHION LAW PANEL to be Held January 17th, 2013 at UC Hastings College of the Law #Fashionlaw

    FASHIONENTLAW™
    30 Nov 2012 | 8:24 am
    Ebitu Law Group, P.C. In Association with U.C Hastings College of the Law Entertainment & Communications Law Journal Presents The First Ever Northern California Fashion Law Panel Date: January 17th, 2013 Time: 6:00pm-7:15pm Location: 200 McAllister Street San Francisco, California 94102 Room: TBD/Coming Soon Cost: FREE Event Description: Fashion Law is an exciting and emerging field slowly gaining the attention of the legal industry, the media and the fashion world. But, what exactly is fashion law? What do fashion lawyers do? What about fashion designers? What situations in the…

  • Models Sue Ford, Wilhelmina & Next Model Agencies in $20 Million Class-Action #Fashionlaw #Modelinglaw

    FASHIONENTLAW™
    8 Nov 2012 | 6:18 am
    “It pays to be beautiful, but it may not pay as much as it should. That’s the contention in a $20 million class-action suit against some of New York’s top modeling and advertising agencies, including Ford Models, Next Management and Wilhelmina. The suit, filed on behalf of 31-year-old American model Louisa Raske and other unnamed male and female models, claims that the modeling agencies failed to provide accurate account statements and concealed money received on the models’ behalf. “We’ve alleged that the modeling agencies are unjustly enriching themselves by using money…
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    Law and Daily Life

  • Leaving a Job? What Can You Take With You?

    Aditi Mukherji
    19 Jun 2013 | 8:06 am
    When you're leaving a job, what can you take with you? You might know to leave the desk and the ugly office plant, but other items like documents and electronic data are a whole other matter. From e-mail messages to bathroom keys to the office supplies in your filing cabinet, there are a number of items you may need to account for. So what belongs to you, and what belongs to your employer? Here are a few legal issues to consider before you clear out your desk: "Your" data may not be yours. When you leave a job, a part of you may remain with the company: your digital spirit. If you're thinking…

  • Top 5 Neighbor Disputes and How to Resolve Them

    Betty Wang
    18 Jun 2013 | 2:11 pm
    Love thy neighbor? It may be more like "love thy neighbor dispute." According to a new FindLaw.com survey, 42% of Americans say they've been involved in a dispute with their neighbors. While most neighborly arguments don't turn into Hatfield v. McCoy-type feuds, they can still be difficult to deal with. Some can even land you in court. So what are the Top 5 types of neighbor disputes, and what are the best ways to resolve them? According to FindLaw's survey, neighbor disputes are most often triggered by: Noise (48% of all disputes). Whether it be from raucous late-night parties or maybe…

  • With Twitter Disclaimer, You Can Still Get Fired

    Brett Snider, Esq.
    18 Jun 2013 | 7:26 am
    Twitter disclaimers are not magical mithral chainmail for your tweets. Even with such disclaimers, you can still get fired for "your own" salacious opinions in tweet form. NYU professor Geoffrey Miller almost learned this the hard way after tweeting that "obese PhD applicants" wouldn't finish their dissertations if they lacked the "willpower to stop eating carbs," reports Forbes. Although Miller did some quick damage control and saved his job, we aren't all college professors. Many employees are putting themselves at risk under the false protection of their Twitter disclaimer. Common Twitter…

  • Ariz. Voter 'Citizenship' Law Struck Down

    Betty Wang
    17 Jun 2013 | 10:33 am
    An Arizona voter law requiring proof of citizenship has been struck down by the U.S. Supreme Court. In a 7-2 vote, justices ruled Monday that Proposition 200, an Arizona voter-registration provision enacted in 2004, was pre-empted by federal law -- namely, the 1993 National Voter Registration Act. The Arizona law required voters to prove their citizenship by providing documentation, The New York Times reports. But that went far beyond what the federal law requires, the Court explained. Different Laws, Different Requirements Federal law allows voters to swear by penalty of perjury that they…

  • E-Cigarettes: 5 Burning Legal Issues

    Brett Snider, Esq.
    17 Jun 2013 | 7:21 am
    E-cigarettes are selling like inhalable hotcakes since their approval in the United States, but these "safe" cigarettes still face challenges from state and federal laws. These nicotine-vapor devices are currently regulated similar to other tobacco products, but there are some hot legal differences. Here are five legal issues affecting e-cigarettes: 1. FDA Can't Control Sales. The U.S. Food and Drug Administration (FDA) tried to get e-cigarettes regulated as "medical devices," which would have placed the FDA in control of where they could be sold. But the FDA's attempt failed after a federal…
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    Gavel to Gavel

  • New Jersey tries again to fund e-courts; last year’s effort vetoed by governor

    Bill Raftery
    19 Jun 2013 | 6:34 am
    Despite a veto in 2012, the New Jersey Assembly’s Judiciary Committee is once again pressing for additional funding for the state’s e-courts initiatives. First, some background. In 2012 New Jersey’s governor vetoed AB 763, a bill that would among other things raise various court fees to help pay for court technology (prior Gavel to Gavel coverage here). Specifically AB 763 gave the Supreme Court may, subject to limitations provided in the bill, adopt Rules of Court to revise or supplement filing fees and other statutory fees payable to the court for the sole purpose of…

  • North Carolina Senate committee amendment rewrites rules of judicial discipline in state, gives more power to legislature over discipline of Supreme Court justices

    Bill Raftery
    13 Jun 2013 | 6:13 am
    The North Carolina Senate Judiciary I Committee last week took a bill related to family law appeals and has tacked on whole new sections related to judicial discipline in the state. HB 122 as passed the House dealt with appeals of right to the Court of Appeals in interlocutory appeals in family law cases. The Senate Judiciary I Committee took up the bill June 6 and added several sections related to judicial discipline in the state. Among other things the committee substitute: 1) Redefines public reprimands: Current law defines a public reprimand in part as “a written action of the…

  • After Oklahoma Supreme Court strikes down law, OK House decides to debate term limits for justices; voters tend to reject such proposals

    Bill Raftery
    11 Jun 2013 | 9:59 am
    I mentioned that Oklahoma’s Senate had during the regular session approved a constitutional amendment to subject appellate judges to a single 20-year term. I also noted that Kansas’ House considered late in their session a plan to reduce the mandatory retirement age for judges from 75 to 65 as a form of “term limits”. Now, just days after the Oklahoma Supreme Court struck down a law pushed by the Speaker of the Oklahoma House, the Speaker has announced plans to study term limits for the justices. (h/t Gavel Grab for the pointer) Currently only New Mexico has term…

  • Public financing for NC appellate judicial campaigns now eliminated in all 3 main proposed budgets

    Bill Raftery
    10 Jun 2013 | 6:02 am
    I mentioned previously that North Carolina’s public financing system for appellate races is under threat both directly in the form of efforts to repeal the authorization language and indirectly via efforts to repeal and/or defund it through the budget process. On March 20 the governor released his budget that included repeal language. Sunday, May 19 the Senate released its budget (SB 402) and it too included repeal language. And late last night (June 10) the House released its budget with repeal language as well as an amendment to the Senate-passed appropriations bill SB 402 (h/t NC…

  • Bans on court use of sharia/international law: MO governor vetoes, citing problems with foreign adoptions & full faith and credit; override possible

    Bill Raftery
    6 Jun 2013 | 7:52 am
    With most legislatures now out of session the movement on efforts to ban the use of international or sharia law in state courts has all but come to a stop. The exception was in Missouri earlier this week, where that state’s governor has vetoed SB 267, that state’s version. Governor Jay Nixon vetoed the measure, citing in part that the law is so broad it is likely to interfere with foreign adoptions and even violate the U.S. Constitution’s full faith & credit clause. Readers may note that I pointed out that Alabama’s version, SB 4 of 2013, set to be voted on by…
 
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    William Carleton, Counselor @ Law

  • The accredited investor definition, after the Supreme Court strikes down DOMA

    William Carleton
    18 Jun 2013 | 5:51 pm
    We're going to adjust tactics in the startupequality.org campaign, working off the premise that the Supreme Court will strike down DOMA sometime this month. None of us are professional Court prognosticators, but, surveying the predictions of some of those who are, we are presuming that the Court will hold that the federal statute cannot override the policies of the various states as to who may and may not marry. This means, we think, that "spouse" for purposes of federal laws and regulations will have to mean any person's spouse in any marriage, regardless of that…

  • Non-accredited investment crowdfunding in North Carolina this summer?

    William Carleton
    17 Jun 2013 | 9:51 am
    Go to Crowdsourcing.org to get an update from Mark Easly and Steve Reaser on the progress being made in North Carolina toward accomplishing a state investment crowdfunding exemption for non-accredited investors. From what they report, it sounds like North Carolina might put such a law in place this month. You know how I feel about the North Carolina bill. It puts the "crowd" back into investment crowdfunding (when the Senate gutted Congressperson Patrick McHenry's successful bipartisan bill in the process of putting together the JOBS Act, a chance for a meaningful experiment…

  • Shoved allegiance

    William Carleton
    16 Jun 2013 | 8:45 am
    For Father's Day, a verse I do not understand, I think by Wilfred Owen, used in the libretto of Benjamin Britten's War Requiem: Tenor "The scribes on all the people shove and bawl allegiance to the state, Chorus "Agnus Dei, qui tollis peccata mundi... Tenor "But they who love the greater love Lay down their life; they do not hate." Who are these state scribes who shove and bawl? The picture is from Benaroya Hall in Seattle, before a performance of the work last night.

  • Employees pulling to refresh patent policy?

    William Carleton
    15 Jun 2013 | 10:44 am
    One of the assertions (arguments?) in Jaron Lanier's new book is that the disruption of the buggy whip industry was not as catastrophic for the economy as it might have been, because a labor movement stepped in and demanded improvements in working conditions and wages as the auto industry took shape. (Examples like this throw into relief his critique of the digital economy: labor and experience have been devalued, Lanier says, and literally taken out of all accounting.) Well, I don't want to overstate the value of the Twitter's Innovators Patent Agreement, but it looks like it…

  • Happy Friday Miscellany

    William Carleton
    14 Jun 2013 | 5:28 pm
    It's been a long-ish week. Time to have a warm, flat, lightly hopped bitter to prepare for the weekend. After the USA v Panama soccer match Tuesday, I thought about writing a post about patriotism. There is something about this NSA debacle that makes me feel patriotic. Huge differences among the citizenry of course, but that feels appropriate rather than dysfunctional, on this issue. More and more smart business people are turning to accredited crowdfunding, and the laws and regulations seem to be in place to support such efforts. If this becomes a permanent feature or even defining…
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    But I do have a law degree...

  • A Solo Date

    But I Do Have a Law Degree
    17 Jun 2013 | 11:27 am
    I've never been one to be self conscious about doing things alone.  I have no problem dining alone, and in fact, I actually relish the rare opportunity I get to sit at a bar with a book, an appetizer and a glass of wine.  I also really enjoy going to movies solo, if not for any other reason than my husband hates going, and I am a hard core lover of buttered popcorn. As you can imagine, solo dates don't come often for me anymore.  And of course, that makes them all the more appealing.  The fact is, I am generally constantly in the company of someone (my kids,…

  • Up and Away

    But I Do Have a Law Degree
    13 Jun 2013 | 12:31 pm
    Last month I announced my partnership with OTC Safety.  As part of that partnership, every few weeks I'll be posting on how to use over the counter medicines safely, particularly with little ones running around.  And it's all quite timely, because June is National Safety Month, and in conjunction with that, the CDC and the PROTECT Initiative is launching the social media #MedsUpAway program, which is a campaign to encourage parents to keep their medicines up and away and out of kids' reach. Don't think you need the advice?  Think you're on top of this?

  • On the Side of the Road

    But I Do Have a Law Degree
    11 Jun 2013 | 10:08 am
    A few years back Above the Law ran a story about a mom partner at Kaye Scholer who left her kids at the side of the road.  Apparently, they were bickering and the mom had had enough - she dropped them off in downtown White Plains.  One child (age 12) ran after the car, while the other (age 10) wandered off.  The partner was arrested and charged with endangering the welfare of a child.  (See full story here and here). I remember reading that story all smug and judgmental like.  Braden was around 6 months old at the time.  What kind of mom…

  • Need a will? A GIVEAWAY for legal services!

    But I Do Have a Law Degree
    6 Jun 2013 | 11:34 am
    The best thing about this blog is that I get to meet people I never would have encountered otherwise. A month or so ago, in conjunction with the Mommy Esquire event, I was contacted by Maria Simon, an attorney with the Law Office of Rebecca Geller, a firm comprised solely of moms with young children that specializes in wills and estate planning.  That's right, an all mom law firm!  I was intrigued. We had a bit of a dialogue, and she mentioned that she would be interested in doing a giveaway for legal services (wills/guardianship documents, trusts, advance…

  • Pool Days

    But I Do Have a Law Degree
    4 Jun 2013 | 11:44 am
    Last week, while chatting with my sister on the phone, I mentioned that I would be taking the boys to the pool. Aw, that's so great!  she said.  I'm just picturing you and Braden and Casey walking arm in and arm and playing and splashing in the water.  So cute! I laughed.  It's not quite like that.  I told her.  No, it's not quite like that at all. Our neighborhood pool is 4 houses down from our house.  It's convenient, inviting, and a great place for the neighborhood kids to gather.  When the summer arrives in full force in the DC area, it becomes a…
 
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    Denver Employment Law Attorney Blog

  • Federal funds at issue in employment discrimination case

    On behalf of Berumen Law Firm
    11 Jun 2013 | 11:31 am
    Wrongful termination lawsuits occur for a wide variety of reasons. They are hard cases for a plaintiff to pursue, because many employees work for their employers on an "at-will" basis - which means they can be fired for almost any reasons, or no reason. However, there are circumstances when no matter what the employment situation between the two parties is an employer can be found to have unjustifiably fired an employee. When a government employee alleges misuse of public funds and is terminated from employment as a result, it could be just that sort of employment discrimination. That was the…

  • Is it OK to fire an employee with a serious medical condition?

    On behalf of Berumen Law Firm
    7 Jun 2013 | 8:49 am
    Many of our Colorado readers are probably familiar with the Family Medical Leave Act, commonly known as the FMLA. This popular piece of federal legislation was enacted with the intention to protect an employee from being fired simply because that person needs some time to deal with a medical issue. Under the protections of the law, an employee may take up to 12 weeks of unpaid leave for a qualifying medical issue of their own, or to care for a family member who may need assistance due to health concerns. The law requires an employer to allow the employee to come back to their original…

  • Sexual harassment at a farm leads to large settlement

    On behalf of Berumen Law Firm
    28 May 2013 | 12:58 pm
    Employers throughout the country sometimes engage in many different forms of employment discrimination. This is an unfortunate reality for many American workers, including some in Colorado. However, when discrimination occurs in the workplace -- sexual harassment in particular -- there are also many different ways in which a discriminatory employer can be held accountable for their actions under the nation's employment laws. That was the case recently in one Western state, when a large onion farm was ordered to pay a significant settlement for the alleged actions of one of their…

  • Genetic discrimination? - New claim on the block

    On behalf of Berumen Law Firm
    20 May 2013 | 8:46 am
    Not everyone in America has it easy when it comes to day-to-day tasks. It can be hard for many people to imagine what it must be like to live with a disability, especially if it is a serious condition that has a dramatic effect on a person's quality of life. However, some conditions that many Colorado residents would probably consider to be "minor" can also be classified as disabilities. That was the case in a recent lawsuit in a neighboring state, as the Equal Employment Opportunity Commission pursued a claim against a company based on alleged discrimination against a potential employee over…

  • Marijuana use and employment in Colorado - they may not mix

    On behalf of Berumen Law Firm
    13 May 2013 | 10:08 pm
    Much has been made of the statewide decision in Colorado to legalize certain aspects of marijuana use. Both Colorado and the State of Washington made similar decisions at voting time last year, but now the courts will have to sort through certain conflicts between state and federal law. As most of our readers probably know, despite the action at the state level in Colorado, marijuana is still considered an illegal drug at the federal level. And now, one of the first court rulings on the subject has some people fearing employment discrimination. The ruling came from the Colorado Court of…
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    Wheaton Criminal Defense Attorneys Blog

  • Chicago residents sue police department for wrongful DUI arrests

    On behalf of <span class="byline-author">Timothy P. Martin</span>
    19 Jun 2013 | 11:26 am
    Three Chicago men are suing the police department and a police officer for what they say were wrongful arrests and theft. The men are alleging that they were pulled over and arrested without cause and that the officer took money from their wallets before booking them into jail. The same officer was implicated in another lawsuit last month after a man said the officer apprehended him and stole $400 but did not arrest him. He was recently arrested after he was caught trying to take a bribe to fix a traffic case, at which time the city dropped all of the charges in DUI cases involved in this…

  • Chicago Bears player off team after second arrest

    On behalf of <span class="byline-author">Timothy P. Martin</span>
    13 Jun 2013 | 8:20 am
    The Chicago Bears have decided to release Evan Rodriguez from the team after the fullback-tight end was arrested twice this spring. Although he has not been convicted on either charge, the allegations seem to have impacted the team's decision not to hire him for another season. This situation is an important reminder for Chicago readers of the impact that criminal allegations can have on job prospects or a current job. Although the player was not convicted and the charges of disorderly intoxication in the first case were eventually dropped, he did apologize for his actions which indicates…

  • Illinois ranks fourth for racial disparity in pot arrests

    On behalf of <span class="byline-author">Timothy P. Martin</span>
    11 Jun 2013 | 8:20 am
    The state of Illinois has the fourth widest racial disparity for marijuana arrests, according to a recent report from the American Civil Liberties Union. Cook County had the most marijuana possession arrests of any county in the United States, totaling 33,000 in 2010. 73 percent of those arrested were African-American, despite comprising only 25 percent of the total population in the county. Overall, a black person in Illinois has a 7.6 times greater likelihood of being arrested for marijuana possession than a white person, even though the two groups use the drug at approximately the same…

  • DNA testing debate: Part Two

    On behalf of <span class="byline-author">Timothy P. Martin</span>
    9 Jun 2013 | 8:20 am
    In a post earlier this week we discussed the controversial Supreme Court decision allowing expanded use of DNA testing upon arrest. As we noted previously, the major concern about DNA testing when someone is arrested is that it amounts to a generalized search without specific knowledge linking someone who has been arrested to another crime. Instead, DNA testing and scanning the database relies on the assumption that since someone has committed one crime, it is likely that they have committed others as well. However, there is another side to the DNA testing debate that is always present when…

  • Boy, 9, shot in Chicago's South Side

    On behalf of <span class="byline-author">Timothy P. Martin</span>
    7 Jun 2013 | 8:20 am
    A 9-year-old boy is recuperating after being shot in Chicago's South Side Wednesday night. The boy suffered a chest wound and underwent emergency surgery. Luckily, he is expected to survive. His injuries are a sad example of the toll violence and gun-related crimes are taking on our city. The boy was riding in a vehicle with his mother, her boyfriend and several other children. Around 5:30 p.m., the vehicle was in the vicinity of South Evans Avenue and East 67th Avenue.The mother said she heard as many as five shots fired. The 9-year-old boy was the only occupant of the vehicle who was…
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    profit and laws: Coco Soodek's blog

  • Life changing “SOLDIER TO CEO: Business Boot Camp for Veterans” is 10 days away

    Coco
    5 Jun 2013 | 11:25 am
    There are just 10 days left until SOLDIER TO CEO. We have had a terrific response. We have 90 people signed up, but we still have seats left. Here is what the day will include. The Program We have a day-long, action-packed, brain-jamming program. We’re going to start by telling you about how you pick your product or service and map out your business plan. Next, we’re going to talk about how you set up your company and set up your operations – your office space, your website, your tax and accounting systems. Then, we’re going to take a break, because you’re…

  • Lawyer Up Lightly During Your Startup Phase – Just like Jobs and Woz

    Coco
    4 Jun 2013 | 4:47 pm
    Today on The Profit and Laws Radio Hour In 1978, Apple had cool new computers, but no operating system and no one on their lean staff who could code one quickly.  They had started publicizing the Apple II, but they couldn’t get to market without an operating system.  Steve Jobs found Shepardson Microsystems and its employee, Paul Laughton, who promised to deliver in under six weeks. This was a bet the company hire. The initial contract was a single page, bare bones. No cash was spent on lawyers or risk management. Jobs and Woz worried about protecting their assets when they had actual…

  • 5 Proven Steps to Succeed at Your Crowdfunding Campaign

    Coco
    4 Jun 2013 | 8:18 am
    A guy from Wharton School studied crowdfunding campaigns and picked out a bunch of things that can make your crowdfunding campaign a success. Below is a brief recap of features of a successful crowdfunding campaign: It’s easier if you already have a giant network on Facebook or in your site. (Ok, but don’t let a small network get you down. Move on to the next one.) Polish your pitch. Video pitches do best. Professionalism matters. Make it local in a creative town. If you can marry a local area with something it’s famous for (Kansas City BBQ), people are more encouraged to help. Make it…
 
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    Virginia Workplace Law - Karen Elliott, Managing Editor

  • Layoffs Are on the Rise Again – Are Your Documents Updated?

    Karen Elliott
    11 Jun 2013 | 10:49 am
    This past week Richmond-headquartered Fortune 500 company Genworth Financial announced that it would lay off about 400 positions in a cost-cutting move. Shortly after that announcement, in discussions with other employment counsel around the country, it became clear that Genworth is not alone in making such a mid-year adjustment.  Many colleagues noted they have just this past week dusted off their group “Severance Agreements and Releases.” If your company, too, is making such mid-year adjustments, be sure to check your agreements for legal compliance.    Many agreements do…

  • DO YOU HAVE YOUR I-9 DUCKS IN A ROW?

    Annemarie Cleary
    2 May 2013 | 12:35 pm
    Starting May 7, 2013, the U.S. Citizenship and Immigration Services will accept only the new version of the I-9 employment eligibility verification form.  You may recall that on March 7, 2013, the USCIS  announced that employers should begin using the new version of the I-9 form immediately, but allowed sixty days for employers to update their processes.  The new form bears a revision date of “(Rev. 03/08/13)N” and is available for download on the USCIS website.   The I-9 has three sections.  Section 1 collects information from the employee concerning his or her identity and…

  • OSHA Wins: Zone of Danger Creates Employer Liability

    Faith Alejandro
    29 Apr 2013 | 11:04 am
    On a construction site, isn’t it enough to protect employees from existing hazards? And what does it matter if no one actually got hurt? The Sixth Circuit recently answered these questions: “No it’s not enough,” and “Absolutely, it matters.” In All Erection & Crane Rental Corp. v. OSHRC, a crane rental company supplied a crane to a general contractor that was building a bridge in Ohio.  The bridge collapsed during construction, but for reasons unrelated to the crane. When the Occupational Safety and Health Administration (“OSHA”)…

  • Buyer Beware of Successor Liability For FLSA Claims

    Donna Ray Berkelhammer
    22 Apr 2013 | 8:36 am
    Businesses often acquire other businesses through an asset purchase, rather than a stock purchase, so that the buyer does not inherit the liabilities of the seller.  Not all business owners realize that federal labor law violations often are excluded from state law contract law, and buyers may be liable for seller’s violations no matter what their purchase agreement says.  One US Court of Appeals recently extended federal common law successor liability to the Fair Labor Standards Act.   The Seventh Circuit (with jurisdiction in Illinois, Indiana and Wisconsin) recently ruled…

  • The HIPAA/HITECH Final Rule has arrived!

    Ruth T. Griggs
    8 Apr 2013 | 2:08 pm
    If you are a health care provider or someone who routinely performs work involving patient health information on behalf of a health care provider, you need to know about the HIPAA/HITECH Final Rule. Since the passage of the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH), the Department of Health and Human Services (HHS) has been working on amendments to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to significantly expand entities subject to rules governing access to and disclosure of protected patient health information (PHI). …
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    North Carolina Law Life

  • The Empty Dotted Line — What Does It Mean?

    Donna Ray Berkelhammer
    17 Jun 2013 | 10:19 am
    You own a manufacturing business.  You spent a good part of last year putting together a private-branding and distributorship agreement with a new customer and a new distributor.  Most of it was over email.  Now the distributor is not doing its job.  You pull the contract, and your stomach sinks when you realize the customer never signed it.   Is the contract valid?  Can you sue the distributor? Often the answer is yes.  Contracts are usually formed by signing, but unsigned contracts may be enforceable as well.  We would look at whether the other party accepted the terms of the…

  • Layoffs Are On The Rise Again – Are Your Documents Updated?

    Karen Elliott
    10 Jun 2013 | 6:28 am
    For the calculation (Layoff) (Photo credit: Wikipedia)   Around the country, it appears companies are again planning large layoffs in cost-cutting moves.  Although Research Triangle Park seems to be weathering the storm better than many areas, Net App and Quintiles are reducing forces overall.  In Richmond, Genworth Financial just announced 400 positions would be cut.   Shortly after that announcement, in discussions with other employment counsel around the country, it became clear that Genworth is not alone in   making such a mid-year adjustment.  Many colleagues noted they…

  • Trademarks Are Not Monopolies

    Donna Ray Berkelhammer
    4 Jun 2013 | 10:37 am
    Trademarks are brand names or logos that identify the producers of products or services in the marketplace, so that customers can find what they are looking for. You may prefer the taste of 7 Up soda to Sprite soda, and the trademarks allow you to find what you want.  Trademark law prevents your competitors from using a name or logo that would confuse customers to buy their product or service instead of yours. But a trademark is not a monopoly.  A trademark is used in connection with a specific good or service, and different companies can use similar marks in connection with different goods…

  • Do You Have Your I-9 Ducks in a Row

    Annemarie Cleary
    20 May 2013 | 11:11 am
    As of May 7, 2013, the U.S. Citizenship and Immigration Services will accept only the new version of the I-9 employment eligibility verification form.  You may recall that on March 7, 2013, the USCIS announced that employers should begin using the new version of the I-9 form immediately, but allowed sixty days for employers to update their processes.  The new form bears a revision date of “(Rev. 03/08/13)N” and is available for download on the USCIS website. Photo credit: Wikipedia   The I-9 has three sections.  Section 1 collects information from the employee concerning his or…

  • A Cloud of Suspicion: Legal Issues Surrounding Cloud Computing

    Donna Ray Berkelhammer
    13 May 2013 | 8:25 am
    We have seen a rise in the number of start-ups offering cloud-based services and are reviewing an increasing number of SaaS or cloud-based software services contracts for our clients. Cloud computing may be a viable business model for either vendor or business owner, but as with anything, you have to do your homework. Cloud computing (also Software as a Service or SaaS) is using hardware and software that are not owned by a company, but are hosted by a third party and accessed over a network (usually the Internet). End users typically access software programs over the internet through a…
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    Virginia Local Government Law

  • Virginia Supreme Court Opinions Affecting Local Government Law June 7, 2013

    Andrew McRoberts
    7 Jun 2013 | 7:00 pm
    The Virginia Supreme Court issued new opinions this morning, some of which affect local government law.  Here they are (summaries taken from the Virginia Supreme Court website): Friends of the Rappahannock v. Caroline Cnty. Bd. Sups. 06/06/2013 In ruling on a demurrer and motion to dismiss a declaratory judgment complaint brought by a conservation organization and several landowners, challenging the grant by a county of a special exception permit authorizing commencement of sand and gravel operations on a tract of land fronting on a river, the circuit court did not err in applying the…

  • After Many Years, US Supreme Court Again Takes On Legislative Prayer

    Cullen Seltzer
    28 May 2013 | 1:55 pm
    Cullen D. Seltzer, Esquire, litigator and colleague here at Sands Anderson PC, recently shared his report about a key legislative prayer case going to be decided by the United States Supreme Court.  Given the number of legislative prayers that we local government attorneys witness and are asked to opine upon, it should be watched carefully.  Here is what Cullen wrote: ____________________ The US Supreme Court granted a writ of certiorari on May 20, 2013 in a legislative prayer case from U.S. Court of Appeals for the Second Circuit.  In doing so, the High Court has set the stage to revisit…

  • Are You Ready for the Affordable Care Act?

    Andrew McRoberts
    19 Mar 2013 | 1:22 pm
    Are you a “large employer” and are you ready for the Affordable Care Act?  Beginning January 1, 2014, most U.S. citizens and legal residents will be required to have qualified health care coverage pursuant to the Affordable Care Act (“Act”).   The Act requires employers defined as “large” to offer that coverage for its “full-time” employees or pay a penalty.  Employers must act now to determine if they are required to provide that coverage (or pay a penalty), and to determine which employees are “full-time.”  The look-back periods for determining large…

  • Happy Anniversary Family and Medical Leave Act (FMLA)! New Regs Effective Today

    Andrew McRoberts
    8 Mar 2013 | 12:36 pm
    Happy Anniversary, FMLA! For local government employers having 50 or more employees, the FMLA is already part of your employment law world. Now, in conjunction with the 20th anniversary of the Family and Medical Leave Act (FMLA), the Department of Labor’s Wage and Hour Division (WHD) issued new regulations along with an updated poster requirement and new forms.  Today, March 8, 2013, is the effective date for the new regulations as well as posting the new poster and using the new forms. More detailed information is available on the Sands Anderson Virginia Workplace Blog: …

  • Virginia Supreme Court Opinions Affecting Local Government Law Feb. 28, 2013

    Andrew McRoberts
    28 Feb 2013 | 10:52 am
    Today, the Virginia Supreme Court issued several opinions affecting Virginia local government law.  The opinions run the gamut from the voluntary payment doctrine, to vested rights in zoning, to the county claims statute. Congratulations to the local governments who prevailed. The summaries below are from the Virginia Supreme Court website.  Click on the case number and name to read the opinions: 120384 D.R. Horton, Inc. v. Board of Supervisors [for the County of Warren] 02/28/2013  In a declaratory judgment suit by a real estate developer, the circuit court did not err in ruling that…
 
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    Virginia Business Lawyers

  • The JOBS Act: Crowdfunding 1 – Introduction

    David Carroll
    17 Jun 2013 | 11:38 am
    Many small-to-medium sized businesses urgently need equity capital but, because of legal restrictions and the expense of raising private venture capital, these firms often give up on traditional methods of capital raising.  With great expectations, there was a change introduced in the new “Jumpstart Our Business Startups Act of 2012” (the “JOBS Act“) in April of 2012.  The hope was that the JOBS Act would revolutionize the process and regulation of private capital raising via “Crowdfunding.”  It is early yet in the process of the JOBS Act coming on line…

  • Preference Claims Defense Number 3

    Bill Gray
    10 Jul 2012 | 8:40 am
    In our last post we outlined the second of three common defenses to preference claims, the “subsequent new value” defense. Now let’s look at the third common defense, “contemporaneous exchange for new value”, in a bit more detail. Contemporaneous exchange for new value is very much like a COD transaction. For this defense, you give something of value to the debtor (e.g., goods; services), but at the same time you give this value to the debtor – and because you and the debtor have previously so agreed – the debtor immediately (contemporaneously) remits payment to…

  • Legislature Slips in a Bitter Pill

    Ben Lacy
    2 Jul 2012 | 11:28 am
    Retailers in Virginia who collect sales tax realized just a few weeks ago that, as of today, July 1, all sales tax submissions to the Virginia Department of Taxation would have to be online. Whoops. RichmondBizSense.com covered the news this morning and the leading organization for retailers, the Virginia Retail Merchants Association, identified the issue a few weeks back. But it appears the budget writers had this element in place well before those responsible for collecting and remitting the taxes became aware of it. Lobbying is a research-intensive activity. The level of scrutiny required…

  • Preference Claims Defense Number 2

    Bill Gray
    26 Jun 2012 | 1:31 pm
    In our last post we outlined the “ordinary course payment” legal defense against a bankruptcy preference claim. Now let’s look at the “subsequent new value” defense in a bit more detail. Subsequent new value is in the nature of a set off, and is meant to encourage creditors to continue to deal with a company that may be close to filing bankruptcy. The defense says that if, after you receive a payment that otherwise qualifies as a preference, you give new “value” to the debtor, you essentially get to deduct the new value from the preference payment. For example,…

  • Preference Claims Defense Number 1

    Bill Gray
    18 Jun 2012 | 8:24 am
    In our last post we outlined the legal defenses against a bankruptcy preference claim. Now let’s look at the “ordinary course payment” defense in a bit more detail. An ordinary course payment is, essentially, when there was nothing at all unusual or out of the ordinary pertaining to the payment at issue. For example, prior to the look back preference period, a debtor always pays invoices from a creditor within 30 days of receipt of the invoice. Likewise, for all payments made within the preference look back period, the debtor also pays invoices within 30 days of receipt.
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    Advocate's Studio

  • iOS 7 and What It Means For You

    Martha Sperry
    11 Jun 2013 | 9:17 am
    Been away for a few weeks focusing on other tasks. What better way to jump back into the Studio than with the shiny new iOS 7 straight from day one at WWDC. Admittedly I missed the keynote, but I have all the goods you need to know right here. Enough with the rumors, which I have been studiously avoiding over the past few months, let’s get down to brass facts. There are a lot of changes – Apple clearly is interested in keeping people interested in their devices, which is no surprise given the mounting consumer interest in Android software and hardware. The first thing you will…

  • Status Board: The Perfect Second Screen App

    Martha Sperry
    15 Apr 2013 | 5:40 am
    Do you use your iPad as a second screen? Switching between sources on that screen while you are working on your main screen might slow you down a bit. App developer Panic has you covered – the new Status Board app turns your iPad screen into a ever-changing dashboard of relevant information. With “set it and forget it in mind”, you select from a series of widgets (or create a couple of your own with a bit of skill) and drop them into the built-in panels. Move and resize the widgets to your liking. The result is a flow of categories of information within little gridded…

  • The Shodan Search Engine IS a Bit Scary

    Martha Sperry
    9 Apr 2013 | 11:54 am
    But it may be indicative of the lurking loss of privacy and security we seem to freely exchange for the convenience of connectivity. There are search engines out there specializing in all sorts of online information. I have highlighted some here, for example search tools that delve into the deep web. Shodan is different. Shodan searches for devices connected to the Web. Like servers. Printers. Routers. Webcams. Security cameras. Control systems for water parks. Really? Yup, really. And it can see what is secured out there and what is unsecured. From a CNN Money article that ran the rounds…

  • Still In Mourning Over Google Reader

    Martha Sperry
    26 Mar 2013 | 2:56 pm
      I have had an awful lot of loss recently. Some quite personal, and some smack in the public eye. Take, for instance, the untimely (although not unexpected) demise of perhaps my all time favorite web tool, my secret weapon in the pursuit of knowledge, my endless font of material for my beloved blog, my source of inspiration and enlightenment. Yes. I am talking about Google Reader. First, a eulogy. Way back in the day, when I made the conscious decision to engage more on the Internet for professional and personal pursuits, one of the very first tools I stumbled on was the RSS feed and…

  • Infographic: How Lawyers “Go Mobile”

    Martha Sperry
    26 Mar 2013 | 12:42 pm
    It’s been a while so time for a visual aid. I love this great, targeted infographic on lawyers’ use of mobile devices. This image really gets at the where, when and how. Thanks to Niki Black at MyCase for the tip off – if you aren’t familiar with MyCase, check out their website. They offer a great, cloud-based practice management application that supports agile lawyers and is as mobile friendly as they get. Via MyCase Blog
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    Law Firm Newswire » Legal News

  • Florida Changes Rules to Allow Shorter Yellow Lights, Reaps Red Light Camera Revenue

    LFN Editor 102KS31
    19 Jun 2013 | 3:00 am
    Tampa, FL (Law Firm Newswire) June 19, 2013 – A change to Florida’s rules for traffic signals allowed cities and counties to shorten yellow lights, reaping millions of dollars in fines. In a recent report, Noah Pransky of Tampa television station WTSP covered the 2011 rule change by the Florida Department of Transportation (FDOT), which reduced allowable minimum intervals for yellow lights below the federal government’s recommended minimums. State and local traffic engineers then worked together to shorten yellow lights at intersections with red light cameras, the report…

  • VA Announces Program to Expedite Oldest Benefit Claims

    LFN Editor 102KS31
    19 Jun 2013 | 3:00 am
    Virginia Beach, VA (Law Firm Newswire) June 19, 2013 – The Department of Veterans Affairs (VA) announced it will expedite decisions on claims more than one year old. Hook Law Center (formerly Oast & Hook) In a news release, the VA said that effective immediately, the agency’s claims raters would begin making provisional decisions on the oldest backlogged benefits claims. After a provisional rating has been given to a claim, the veteran will have one year to submit additional evidence before a final decision is issued. “Too many veterans endure very long waits to receive…

  • Elder Law Attorney Agrees Managed Care May Help Quality of Care for California Seniors

    LFN Editor 102KS31
    19 Jun 2013 | 3:00 am
    Palo Alto, CA (Law Firm Newswire) June 19, 2013 – California is planning to try a managed health care system to unify Medicare and Medi-Cal. While dual coverage sounds like a good thing, lower income seniors in California who are eligible for both Medicare and the state’s version of Medicaid, known as Medi-Cal, are facing a serious lack of coordinated care. Medicare, the federal program for seniors, is not designed to work in tandem with Medi-Cal, the federal-state program for low income individuals, the way the state is currently using the system. The ensuing mistakes, delays and…

  • Google Penguin 2.0 Marketing Guide for Lawyers, this month in the Bigger Law Firm magazine

    Law Firm Newswire
    18 Jun 2013 | 1:41 pm
    Law firms and attorneys wanting to figure out how Google Penguin 2.0 is going to effect their search engine marketing must pick up the June issue of the Bigger Law Firm magazine. Get the guide to Google Penguin 2.0 (June issue of BLF Magazine) for ONLY $1! Tampa, FL (Law Firm Newswire) June 18, 2013 – The latest issue of Bigger Law Firm, a magazine for attorneys, looks at Google’s tools and how that continues to affect marketing efforts, how a shared language helps site designers and attorneys work together, untangling seemingly inscrutable web statistics, and the latest in mobile…

  • Federal Safety Agency Recommends Lower Blood Alcohol Limits

    LFN Editor 102KS31
    18 Jun 2013 | 3:00 am
    Zephyrhills, FL (Law Firm Newswire) June 18, 2013 – The National Transportation Safety Board (NTSB) has recommended that states lower the legal limit for blood alcohol content (BAC). The NTSB does not directly set these limits; they are determined by state legislation. Currently, all 50 U.S. states have a BAC limit of 0.08 percent for all drivers 21 or older. Some states hold younger drivers to stricter standards. The agency has called on states to lower the limit for all drivers to 0.05 percent. “Some 10,000 deaths per year on American roads involve alcohol impairment,” said…
 
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    My Distribution Law

  • Reverse-Payment Patent Settlements Subject to Antitrust Analysis

    Howard Ullman
    17 Jun 2013 | 9:01 pm
    The Supreme Court today decided FTC v. Actavis, Inc. and held, in a 5-3 decision authored by Justice Breyer, that so-called reverse-payment patent settlements are subject to full antitrust Rule of Reason analysis. In a reverse-payment settlement, which often occurs in the context of pharmaceuticals and the Hatch-Waxman Act, the patentee sues an alleged infringer, and the parties settle the litigation with the patentee agreeing to pay the alleged infringer monetary consideration in return for an agreement that the alleged infringer will stay out of the market during some period of time up to…

  • The Top Nine Things You Need to Know About Below-Cost Pricing Law in California : Part II

    Howard Ullman
    17 Jun 2013 | 5:30 am
    This is the second of two posts on California below-cost pricing law.  The first post is here. 5. What does it mean to sell below “cost?” Unlike federal law, California law expressly defines the concept of below-cost sales (although there remain many questions about how California law applies in practice and in detail). Under California law, the cost referred to in the UPA is a fully allocated cost or fully distributed cost. For distribution, cost means the invoice or replacement cost, whichever is lower, of the article or product to the distributor and vendor, plus the cost of doing…

  • Excited to Help Revise ABA Antitrust Jury Instructions

    Howard Ullman
    14 Jun 2013 | 10:43 am
    I recently became part of the team that will be revising the ABA Antitrust Jury Instruction Handbook.  This book contains model jury instructions that are often used in antitrust cases throughout the United States.

  • The Top Nine Things You Need to Know About Below-Cost Pricing Law in California : Part I

    Howard Ullman
    11 Jun 2013 | 7:39 pm
    Fair Pricing (Photo credit: Wikipedia) As of 2012 (at least according to Wikipedia), California was the 12th largest economy in the world. Most national and international firms do at least some business in the Golden State. Like other states, California has laws prohibiting the below-cost pricing of goods and services. Although below-cost pricing claims are not filed with great frequency, they are indeed filed, and they can become a trap for those who are unfamiliar with the law in this area. In fact, California’s below-cost pricing law features some unique plaintiff-friendly provisions…

  • White House Targets Patent “Trolls”

    Howard Ullman
    4 Jun 2013 | 2:18 pm
    The White House today issued a fact sheet on high-tech patent issues, recommending seven legislative actions and taking five executive actions. According to the White House’s statement, innovators continue to face challenges from Patent Assertion Entities (PAEs), companies that, in the President’s words “don’t actually produce anything themselves,” and instead develop a business model “to essentially leverage and hijack somebody else’s idea and see if they can extort some money out of them.” These entities are commonly known as patent “trolls.” Of the…
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    Kangaroo Court of Australia

  • AWU, Bill Shorten and Julia Gillard. The union behind the man who’s behind the woman.

    Shane Dowling
    15 Jun 2013 | 8:46 am
    The domain name for the website that federal MP Bill Shorten uses to promote his political career, billshorten.com.au, is owned by the Australian Workers Union (AWU). That raises many questions by itself which I will deal with, but this post is more than just about Bill’s Domain name and how the AWU came to pay […]

  • Australian Senate told government agencies have been blocking websites since at least 2004

    Shane Dowling
    11 Jun 2013 | 2:18 am
    Government agencies such as the Australian Federal Police and ASIC have been blocking websites since at least 2004 with no oversight a Senate hearing on the 30th May 2013 was told. Until last week I had not heard of section 313 of the Telecommunications Act, which is what is being used to block websites by at least three government agencies without the need for […]

  • Justice Michael Adams is suing Fairfax Media in relation to the Colin Winchester murder

    Shane Dowling
    8 Jun 2013 | 8:12 pm
    NSW Supreme Court judge Michael Adams is suing Fairfax Media and one of its most senior journalists, Jack Waterford of The Canberra Times, for defamation. It relates to comments made by Mr Waterford in an article that Michael Adams withheld evidence when he was a prosecutor in the 1995 trial of David Eastman who was found guilty of murdering […]

  • AFP Commissioner Tony Negus caught bullying and bastardising a second whistleblower

    Shane Dowling
    1 Jun 2013 | 6:02 pm
    Canberra’s best known pants man Australian Federal Police Commissioner Tony Negus has been caught red-handed bullying and bastardising another whistleblower within the federal police. This is the same man who has been caught time and again covering up government corruption and the same man who was caught having an affair with his secretary Tamerra Mackell in 2011. In the latest […]

  • Federal Court of Australia judges come under attack from Fairfax Media

    Shane Dowling
    25 May 2013 | 5:47 pm
    It is rare for the mainstream media to attack judges decisions let alone raise the judges backgrounds as reasoning for a perceived wrong judgement. But it happened on Monday (20/5/13) when Paul Sheehan of Fairfax Media unloaded on the judgement of three Federal Court judges in a matter that is now under appeal in the High Court. It relates to a […]
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    Attorney at Work

  • Secret Shopping Your Law Firm

    Chelsey Lambert
    19 Jun 2013 | 3:45 am
    With so many balls in the air, it’s easy for lawyers to get caught up in the day-to-day minutiae of the practice. But taking an occasional step back to check your practice’s pulse and really put yourself in your clients’ shoes can be one of the most valuable ways to improve your client service. Want an easy and effective way to do it? How about a secret shopper? I was introduced to the concept of secret shopping during my first career, in the retail industry. Buyers, product designers and marketers would travel across the country stopping into store locations, or phone stores…

  • Four Client Intake Mistakes to Avoid

    Ryan Pitz
    18 Jun 2013 | 3:50 am
    A lot of lawyers spend good money to generate leads for new business through marketing, advertising, promotions and networking, in both online or offline venues. But much of that money is lost because of inconsistent and unsystematic intake when one of those leads actually contacts the firm to express interest. Lead intake is what you do when you’re in front of, on the phone or online with a lead or prospect—which, to be clear, includes, or should include, the act of qualifying and converting the prospect to a client. Unfortunately, way too many lawyers get it wrong. How Not to Handle…

  • Lawyer Marketing Begins at Home

    Sally J. Schmidt
    17 Jun 2013 | 3:00 am
    Younger lawyers often wonder where to begin their marketing efforts. Without a notable track record of experience or expertise, and lacking contacts who are in a position to send business, the odds can seem insurmountable. If you are part of a law firm, however, you have many potential marketing opportunities—they just happen to be a bit closer to home: Inside your firm. Partners with clients are frequently looking for resources to service the work. In addition, most firms offer opportunities to assist with lawyer marketing activities, from drafting client alerts to preparing seminar…

  • Profitable Law Office

    admin
    16 Jun 2013 | 10:00 pm
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  • Make the Timekeeping Honor Roll

    Frederick J. Esposito Jr.
    14 Jun 2013 | 3:30 am
    Wise lawyers know that contemporaneous timekeeping is essential to the success of any fee arrangement—and to the overall financial success of your law firm. Lawyers who reconstruct their time weekly tend to lose 25 to 30 percent of their time, and those who enter time on a monthly basis can lose as much as 55 to 70 percent. To illustrate, assume an attorney is billing at $150 per hour and doesn’t capture 15 minutes a day. When you do the math over the course of a year, that one attorney could lose as much as $9,000 a year in billable time—and a firm with 25 attorneys could lose as much…
 
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    Georgia Workers' Compensation Lawyer

  • Happy Memorial Day 2013

    Atlanta workers' compensation lawyer Michael Moebes
    23 May 2013 | 11:51 am
    In honor of those who have given their lives to support and defend the United States Constitution, I'd like to wish everyone a happy Memorial Day and post a paper by Colonel James Moschgat called "10 Things a Janitor Can Teach You About Leadership" referencing Bill Crawford, a WWII Medal of Honor recipient and Air Force Academy janitor: William "Bill" Crawford certainly was an unimpressive figure, one you could easily overlook during a hectic day at the U.S. Air Force Academy. Mr. Crawford, as most of us referred to him back in the late 1970s, was our squadron janitor. While we cadets busied…

  • What's the difference between acute and overuse workplace injuries to shoulders and knees?

    Atlanta workers' compensation lawyer Michael Moebes
    7 May 2013 | 9:04 pm
    We've covered quite a few injuries now in the ongoing series of articles about the kinds of injuries that our practice handles for workers' compensation clients. Today I'd like to discuss knee and shoulder injuries. Obviously, those joints are crucial to any physical activity, work or otherwise. Simply put, without healthy knees and shoulders, the arms and legs aren't getting much done.Injuries to the shoulders and knees are common workplace occurrences, especially if the work is physically demanding. The level of pain and the treatment necessary for both joints vary widely, so it is…

  • Isn't pain level important when evaluating a workers' compensation claim? One state says "no."

    Atlanta workers' compensation lawyer Michael Moebes
    24 Apr 2013 | 6:31 pm
    The North Dakota State Legislature is considering a bill that could dramatically alter how pain and its relation to pre-existing medical conditions are interpreted in future worker's compensation decisions. House Bill 1163 would amend an existing law, adding language that says pain is only a symptom and not a sign that a pre-existing condition is worsening. The way the law reads now states that a claim is compensable if an injury "substantially accelerates [the] progression or substantially worsens [the] severity" of a pre-existing condition. The new language added to the bill would not allow…

  • Ohio employers win $860 million after overcharged by workers' compensation insurer

    Atlanta workers' compensation lawyer Michael Moebes
    17 Apr 2013 | 7:06 pm
    A Cuyahoga County judge has awarded nearly $860 million in restitution to a group of Ohio employers involved in a class-action lawsuit that began in 2007. The suit claimed that the Ohio Bureau of Worker's Compensation, which provides worker's compensation benefits to about two-thirds of Ohio's workforce, overcharged the more than 270,000 employers for worker's compensation insurance because of inequities in their group coverage program.Common Pleas Court Judge Richard McMonagle ruled that employers who were excluded from the group program were charged excessive premiums over an eight…

  • Back injuries are nothing to mess with....and neither is actress Sharon Stone!

    Atlanta workers' compensation lawyer Michael Moebes
    7 Apr 2013 | 6:21 pm
    Sharon Stone is apparently in need of sensitivity training and maybe a house manager so that she can be hands-off with the staff. Apparently she doesn't know when enough's enough, nor that back problems are legitimate work injuries and can be debilitating long-term if not headed off at the pass. Last month Angelica Castillo, former maid to Ms. Stone, filed a wrongful termination suit against the actress. The complaint, filed in Los Angeles County Superior Court, alleges that Stone fired Castillo because the latter was injured while carrying in groceries for the actress. This isn't the first…
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    Justia Law, Technology & Legal Marketing Blog

  • Justia Writers’ Round Up – Supreme Court Opinions Issued June 17, 2013

    David Kemp
    17 Jun 2013 | 1:03 pm
    Five opinions came down today from the United States Supreme Court. Read the summaries below and read the full text of the opinions at Justia’s U.S. Supreme Court Center.Alleyne v. United States, United States Supreme Court (6/17/13) Civil Rights, Constitutional Law, Criminal LawAlleyne was convicted using or carrying a firearm in relation to a crime of violence, 18 U.S.C. 924(c)(1)(A), which carries a five-year mandatory minimum sentence. The sentences increases to a seven-year minimum if the firearm is brandished, 924(c)(1)(A)(ii), and to a 10-year minimum if it is discharged,…

  • Justia Weekly Writers’ Picks: Hands Off My Double Helix

    Cicely Wilson
    14 Jun 2013 | 2:21 pm
    Assoc. for Molecular Pathology v. Myriad Genetics, Inc., United States Supreme Court (6/13/13) Drugs & Biotech, PatentsMyriad obtained patents after discovering the precise location and sequence of the BRCA1 and BRCA2 genes, mutations of which can dramatically increase the risk of breast and ovarian cancer. The discovery enabled Myriad to develop medical tests for detecting mutations for assessing cancer risk. Myriad’s patents would give it the exclusive rights to isolate an individual’s BRCA1 and BRCA2 genes and to synthetically create BRCA composite DNA. The district court entered…

  • Lawsuit: Plane of Amelia Earhart Has Been Found

    Ken Chan
    12 Jun 2013 | 3:39 pm
    A lawsuit filed in the U.S. District Court for the District of Wyoming alleged that the plane of Amelia Earhart had been located. Plaintiff Timothy Mellon stated in his Complaint that during its NIKU VI expedition around Nikumaroro from May 18, 2010, through June 14, 2010, Defendant The International Group for Historic Aircraft Recovery (TIGHAR) had obtained “footage of the wreckage of the Lockheed Electra flown by Amelia Earhart when she disappeared in 1937.” However, Mellon charged that TIGHAR did not disclose this discovery. Instead, Defendant Gillespie, the Executive Director…

  • Justia Weekly Writers’ Picks – License, Registration & DNA Please

    Cicely Wilson
    7 Jun 2013 | 3:40 pm
    Maryland v King, United States Supreme Court (6/3/13) Civil Rights, Constitutional Law, Criminal LawAfter his arrest on first- and second-degree assault charges, King was processed through a Wicomico County, Maryland, facility, where personnel used a cheek swab to take a DNA sample pursuant to the Maryland DNA Collection Act (Act), which authorizes officers to collect DNA samples from persons charged with violent crimes. A sample may not be added to a database before an individual is arraigned, and it must be destroyed if he is not convicted. Only identity information may be added to the…

  • More on Access to FISA Opinions

    Courtney Minick
    6 Jun 2013 | 1:42 pm
    Back in January, key provisions of FISA – the Foreign Intelligence Surveillance Act – were renewed by Congress.  I wrote about the troubling situation of access to FISA Opinions, which is basically non-existent. Up until January, only one opinion had been released by the FISA Court, and only two opinions released by the FISA Court of Review. The FISA Rules of Court allow on the federal government or the FISA Courts themselves to release opinions without a court order.Well, the Guardian UK got ahold of a recent opinion that compels Verizon to produce the telephony data for…
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    BullsEye Blog

  • Federal Circuit Dismisses Expert Evidence Sufficiency Objections

    Robert Ambrogi, Contributing Author
    18 Jun 2013 | 6:28 am
    A software company’s appeal of a $345 million jury verdict for patent infringement has been dismissed because of its failure to properly object to expert testimony regarding damages. Although the company characterized its appeal as a challenge to the sufficiency of the expert evidence, the Federal Circuit Court of Appeals concluded that it was actually a challenge to its admissibility [more]

  • As Feds Debate & Wait, Vermont Takes First Real Aim at “Trolls”

    Maggie Tamburro
    6 Jun 2013 | 1:20 pm
    While the White House, Federal Trade Commission, Congress, and a host of others continue seemingly endless debate about the perceived growing problem of abusive patent infringement lawsuits, one state has boldly taken matters into its own hands. On May 22, 2013, the Governor of Vermont signed into law bill H. 299, taking aim at what some label abusive tactics committed [more]

  • $1.2B in Damages – Expert Challenges Fail to Decertify Class

    Maggie Tamburro
    4 Jun 2013 | 6:17 am
    Expert challenges asserted as part of a post-trial motion to decertify a class came too little, too late after a jury awarded plaintiffs over $400 million in damages in a high profile antitrust case. In what seemed like a series of unfortunate events for defendant, chemical giant The Dow Chemical Company, U.S. District Judge John W. Lungstrum on May 15 [more]

  • $2B Antitrust Case Survives Expert Challenges – Key Learnings

    Maggie Tamburro
    28 May 2013 | 6:36 am
    When a federal judge issues an opinion chocked full of expert witness challenges and rulings in a massive class action alleging over $2 billion in overcharges, we make it our business to listen. Our focus this week: An opinion issued May 1 in the case In Re: Titanium Dioxide Antitrust Litigation, a class action suit involving allegations of price-fixing and [more]

  • Expert Appeals His Exclusion to the Supreme Court

    Robert Ambrogi, Contributing Author
    21 May 2013 | 6:38 am
    When a trial judge, after a Daubert hearing, decides to exclude the testimony of an expert witness, the party that proffered the expert can decide whether to challenge that decision on appeal. But if the party decides not to appeal, can the expert, out of concern for the impact of the decision on his professional reputation, appeal the ruling on [more]
 
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    Hunt & Associates, PC

  • Reminder: Change the Beneficiary Designation on Life Insurance, Annuities, Retirement Accounts, and Bank Accounts Following Your Divorce

    Kevin Tillson
    13 Jun 2013 | 2:30 pm
    I wrote about this in an earlier blog post, but it bears repeating that a divorce is not over just because the judge signed the judgment or decree.  The United States Supreme Court recently issued a decision which emphasized the importance of making sure that following the entry of your divorce judgment you need to update beneficiary designations in life insurance policies and other financial accounts or products that have payable on death beneficiaries.   In Hillman v. Maretta, a federal employee owned an insurance policy governed by the Federal Employee’s Group Life Insurance…

  • Web Site Accessibility – A New Basis For Claims under the Americans with Disabilities Act

    Lawrence Hunt
    14 May 2013 | 9:43 am
    The Americans with Disabilities Act, the “ADA”, applies to places of public accommodation.  Until recently courts had consistently dismissed claims that commercial websites were places of public accommodation subject to the Act and thus legally required to be “accessible” to the disabled. Recently, that has begun to change.  Courts are no longer invariably dismissing such claims.  Large and established businesses such as Target and Netflix have settled ADA claims based on the inaccessibility of their websites and have agreed to make their websites accessible. It’s anticipated…

  • A Second Look at the Reduction of Fiduciary Duties in Oregon LLCs

    Lawrence Hunt
    20 Mar 2013 | 10:48 am
    Limited liability companies were created as a new, more flexible form of business entity which would enable its members to exercise their freedom of contract to the fullest permissible limits.  Because they are contractually malleable, the language of the operating agreement organically defining an LLC must be precise and judicious.  In Synectic Ventures I, LLC v. EVI Corp., 353 Or. 62 (2012) the Oregon Supreme Court, reversing an earlier decision by the Court of Appeals, reiterated how critically important the operating agreement language is in determining the rights and obligations of…

  • Packing Up and Moving – Don’t Forget to Tell Your Ex

    Kevin Tillson
    18 Jan 2013 | 10:52 am
    It’s moving day.  You’re moving from Portland to Eugene to start a new job and be closer to your boyfriend of 3 months.  The truck is packed, the kids are in their car seats, your moving checklist is complete, and it’s time to start a new life and a new job in Eugene.  One small problem, you forgot to notify your ex-husband, and father of the kids, that you were moving.  Surely it’s just a small oversight. You think you will just tell him once the move has been completed, right? Wrong.  In Oregon, every divorce judgment must have a provision that states that neither parent may…

  • Estate Planning and the Fiscal Cliff

    Kevin Tillson
    4 Jan 2013 | 11:17 am
    Congress rang in the New Year by enacting legislation to save us all from the “fiscal cliff” the country was precariously dangling from – the “American Taxpayer Relief Act of 2012”.    The most important impact the legislation has on estate and gift taxes is that it makes the system that was in place over the past couple of years permanent. As far as estate and gift tax changes go, there weren’t many made in the new legislation. Here’s the estate and gift tax landscape as of today: 1.                  The changes are permanent (until changed by a future…
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    Rozek Law Offices

  • Wisconsin Dells Carbon Monoxide Poisoning

    rozeklawoffice
    19 Jun 2013 | 10:15 am
    Travelodge Wisconsin Dells ‘Out of Service’ SignAs the hotel industry continually fails to seriously address a major health hazard that can affect their employees and guests, more concerning news is making its way to the public. Recently, there occurred a carbon monoxide poisoning at a Wisconsin Dells Travelodge Hotel located at Lake Delton. The incident took place on Friday night, June 14, when an employee of the hotel fell ill and was taken to St. Clare hospital at around 11 pm. Later, several other employees and guests at the hotel also began to feel weak and sick, as a few…

  • New Study Confirms Brain Changes From Single Mild TBI

    rozeklawoffice
    1 Sep 2012 | 8:07 am
    A new study published in the highly-regarded Journal of Neurotrauma establishes organic brain changes, even in cases of a single mild traumatic brain injury. The study entitled “The Use of Magnetic Resonance Spectroscopy in the Subacute Evaluation of Athletes Recovering from Single and Multiple Mild Traumatic Brain Injury” used advanced imaging to analyze changes in the brain following TBIs. Magnetic Resonance Spectoscopy (MRS) is an advanced imaging technique considered a compliment to magnetic resonance imaging (MRI). While MRI forms anatomic images from the signal of hydrogen…

  • Driver Charged in Fatal Fond du Lac Motorcycle Crash

    rozeklawoffice
    2 Jun 2012 | 7:53 am
    The Scene of the Tragic Head-On Crash.A 25 year-old man from the Village of Hilbert will face criminal charges as a result of the tragic May 31, 2012, crash in Fond du Lac County, in the Town of Taycheedah. The unidentified Hilbert man allegedly ran head-on into approximately 10 of 12 motorcyclists from Michigan as they were traveling northbound on U.S. 151. The motorcyclists were members of the Muskegon Motorcycle Gang and were participating in the annual “Bridge Run” to the Mackinac Bridge and back, when tragedy struck.Authorities have sent the 25 year-old man’s blood to…

  • Pediatric Brain Injury

    rozeklawoffice
    27 Apr 2012 | 7:15 am
    Traumatic Brain Injury (TBI) in children is the leading cause of death and disability worldwide. In fact, head injuries account for over 80% of all pediatric injuries.Pediatric brain injuries result in more than $1 billion in hospital charges annually. The most dangerous age groups, statistically, are children from 0 – 4 years-old, and children from 15 – 19 years-old.The most common causes of pediatric TBI are as follows:Car AccidentsFallsAssaultsSports and Recreational ActivitiesChild AbuseWhile the acute symptoms of pediatric TBI are similar to the acute symptoms of adult TBI,…

  • High Definition Fiber Tracking Shows Hidden Brain Injuries

    rozeklawoffice
    4 Mar 2012 | 8:31 am
    In a breakthrough study published in the latest edition of the Journal of Neurotrauma, researches at the University of Pittsburgh have revealed detailed images of a revolutionary new brain imaging technique referred to as High Definition Fiber Tracking (HDFT). HDFT can show damage to small areas of the brain that would not be visible on a typical CT scan or MRI. Similar to Diffusion Tensor Imaging (DTI), HDFT shows the white matter fiber tracts, which are essentially bundles of brain cells called axons. For example, if the brain were made up of telephone wires, the fiber tracts would be a…
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    American Academy of Estate Planning Attorneys - Blog

  • Forgotten Estate Taxes

    Stephen C. Hartnett, J.D., LL.M., Associate Director of Education, American Academy of Estate Planning Attorneys
    19 Jun 2013 | 6:00 am
    All estate planning attorneys know that Congress raised the applicable exclusion to $5.25 million for federal purposes. Years and years ago, the majority of states had “pick-up” taxes. In other words, they only had a tax to the extent of a federal credit for state death taxes. The federal credit was phased out about a decade ago, as part of EGTRRA. Thus, state estate taxes in those states were phased out along with the credit. However, many states “decoupled” from the federal law and have separate estate taxes. But, what many estate planners do not know is that most of those states…

  • Starting End-of-Life Discussions with The Conversation Project

    Academy Guest Blogger, Gail Rubin, Author of The Family Plot Blog & A Good Goodbye: Funeral Planning for Those Who Don’t Plan to Die
    17 Jun 2013 | 6:00 am
    While 60% of people indicate making sure their family is not burdened by tough decisions is “extremely important,” 56% have not communicated their end-of-life wishes. According to this 2012 survey of Californians by the California HealthCare Foundation, people expect family members to read their minds on end-of-life care preferences. Unfortunately, this means too many people are dying in a way they wouldn’t choose, and too many of their loved ones are left feeling bereaved, guilty and uncertain. The Conversation Project, a nonprofit organization co-founded by columnist Ellen Goodman, is…

  • THE ACADEMY’S GREATEST HITS — Session 7, Asset Protection—Staying Out of Trouble

    Jennifer Price, Chief Operating Officer, American Academy of Estate Planning Attorneys
    14 Jun 2013 | 6:00 am
    We are pulling together THE ACADEMY’S GREATEST HITS—1993 through 2013. There are eight courses that we’ll be offering to non-members at no charge during our 20th year, (members feel free to sign up and review!). Each week we’ll give you the summary of ONE course. You can begin the course any time you want. Once you register for the series of sessions, the courses will be delivered to you one at a time over an 8-week period. Looking back over the past 20 years that the Academy has virtually invented the services, coaching, marketing, legal education and legal documents estate planning…

  • Beneficiary Designations Are Critical

    Stephen C. Hartnett, J.D., LL.M., Associate Director of Education, American Academy of Estate Planning Attorneys
    12 Jun 2013 | 6:00 am
    As estate planning attorneys, we know how beneficiary designations can be an important part of the estate planning process. A large portion of our clients’ wealth is controlled by beneficiary designations. Some of it is in qualified plans. In those plans, the beneficiary designation determines the speed at which distributions must be taken by the beneficiary. Some of the client’s wealth controlled by beneficiary designations may be in life insurance. Some of the wealth may be in financial accounts that have a beneficiary designation or “Transfer on Death” (“TOD“) or “Pay on…

  • Assisted Suicide Legislation on the Rise: What’s Happening in Your State?

    Academy Guest Blogger, Randi Siegel, President of DocuBank
    10 Jun 2013 | 6:00 am
    Last month, Vermont became the fourth state to legalize physician-assisted suicide for terminally ill patients. It’s also the first to do so via legislation, in a year that’s seeing a rebirth of state bills to legalize this practice. Given this trend, it’s worth knowing what, if anything, is happening in your state. Legislation Proposed in 2013:  Bills have been introduced this year in 5 states: Connecticut, New Jersey, Kansas, Hawaii, and in Maine (defeated). A ballot initiative in Massachusetts was defeated last year Current Law. According to ProCon.org, physician-assisted suicide…
 
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    HoganWillig

  • Real Estate Deed Scams

    HoganWillig
    18 Jun 2013 | 9:24 am
    Clients should beware of a recent scam in which companies are recommending that all homeowners obtain a copy of their current Grant Deed.  Contrary to this advice, securing a copy of the deed is not necessary once the original has been recorded (having a copy of the deed is not necessary to prove ownership as [...]

  • Elder Abuse: A FAQ for Attorneys

    HoganWillig
    14 Jun 2013 | 5:22 am
    In recognition of World Elder Abuse Awareness Day, the Elder Abuse Committee of the Elder Law Section of the New York State Bar Association has created an FAQ about elder abuse tailored specifically for attorneys.Elder abuse is a widespread, growing problem and attorneys like you are effectively positioned to identify, address and remedy incidents of [...]

  • Everybody has a Will. But, perhaps you don’t know what yours says?

    Linda Grear
    1 May 2013 | 1:38 pm
    “Everybody has a Will. But, perhaps you don’t know what yours says?” In New York State, everybody has a plan to distribute assets after death. Without a written Will Last Will and Testament, your assets will pass-on by what is commonly referred to as “intestate distribution” or “intestacy.” There are four ways to pass on [...]

  • Free 20-minute private consultation for Elder Law Day on Monday, May 13th

    Linda Grear
    24 Apr 2013 | 6:29 am
    May is National Elder Law month!  Throughout the month of May, please check our website for informative articles on Estate Planning and Elder Law topics. HoganWillig will be hosting an Elder Law Day on Monday, May 13, 2013 at our Amherst, NY location (2410 North Forest Road, Suite 301).  We are offering FREE 20-minute private [...]

  • Elder Law Day – June 20th

    Linda Grear
    22 Apr 2013 | 9:14 am
    Join me at the Adam’s Mark Hotel, 120 Church St., Buffalo, NY 14202, for Elder Law Day 2013. Free seminars on legal issues of interest to older adults and their families. Grandparents’ Rights Avoiding Financials Scams Wills, Trusts, and Small Estate Planning Medicare, Medicaid & Long Term Care LGBT Legal Issues Veterans’ Benefits Elder Abuse [...]
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    barexambrief.combarexambrief.com

  • THE REALITY OF 1L YEAR GRADES, 2L SCHOOL TRANSFERS AND JOB PROSPECTS (PART 2 OF 2)

    Melody Glatz
    4 Jun 2013 | 9:11 am
    By Don Macaulay, President and Founder of Law Preview, a BARBRI company TRIAL-AND-ERROR IS NOT A STRATEGY Given the staggering cost of a legal education, and a highly competitive legal hiring market, it is clear that adopting a trial-and-error approach as a 1L is a flawed strategy. This is why some of the most successful students choose to prepare for the 1L experience the summer before law school begins by attending a law school preparation course. For example, the Law Preview one-week “boot camp” provides students with a roadmap for law school success. Through pointed lectures from the…

  • THE REALITY OF 1L YEAR GRADES, 2L SCHOOL TRANSFERS AND JOB PROSPECTS (PART 1 OF 2)

    Melody Glatz
    21 May 2013 | 1:22 pm
    By Don Macaulay, President and Founder of Law Preview, a BARBRI company The grades you receive during the first year of law school will likely dictate the professional opportunities that will be available to you upon graduation. As a result, it is important to map out a plan now that will allow you to maximize your chances to excel during 1L year. IT’S A ONE YEAR SPRINT, NOT A THREE YEAR MARATHON Your 1L grades will not only determine your eligibility for law review and other honors, but will dictate what job opportunities are available when you graduate. As you have undoubtedly heard, it…

  • TOO MUCH ON YOUR MIND? HERE’S HOW TO KEEP THE “LIZARD BRAIN” AT BAY.

    Melody Glatz
    14 May 2013 | 9:29 am
    By Christy Cassisa, Esq., BARBRI Director, Professional Effectiveness Congratulations, law school is done. Time to relax, right?  Not when there is one last hurdle to becoming a licensed lawyer. IT’S CALLED “LIZARD BRAIN.” Every exam, study group and dollar spent on law school comes down to the next few months during your stressful bar exam studies. Stressful because of the major deadline looming, fear of failure and continuous depletion of physical resources that are your daily reality. All this causes chronic sympathetic nervous system arousal – in other words, “lizard brain.”…

  • WHAT YOUR BAR EXAM SUMMER WILL BE LIKE

    Melody Glatz
    30 Apr 2013 | 7:09 am
    By Anna Abrigo, Esq., BARBRI Director of Legal Education GETTING STARTED BARBRI bar review courses are scheduled to begin at most locations in May 2013. Be sure to pay attention to course introductions, emails and announcements so that you have all the information you need to make the most out of your bar exam preparation this summer. Also, log in to the Enrolled Student Center on BARBRI.com so to get familiar with its contents that include Quick Links and StudySmart® software. ESTABLISH A ROUTINE The best approach to your bar exam summer is to treat your preparation as if it is your…

  • 1L/2L WEBCAST SERIES: TESTING METHODS, GRADES, CAREERS

    Melody Glatz
    16 Apr 2013 | 1:34 pm
    By Don Macaulay, President and Founder of Law Preview, a BARBRI company As the 2012-13 law school admissions cycle winds down and recently admitted applicants begin to decide where to send their seat deposits, it’s a good time to give future 1L students a clearer idea about the law school experience. UNOFFICIAL ORIENTATION TO LAW SCHOOL BARBRI has teamed up with Above the Law and Lexis-Nexis to sponsor a three-part webcast series entitled An Unofficial Orientation to Law School. This webcast series, hosted on Google Hangouts (Google’s new video chat platform), will inform newly admitted…
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    Attorney at Work

  • Secret Shopping Your Law Firm

    Chelsey Lambert
    19 Jun 2013 | 3:45 am
    With so many balls in the air, it’s easy for lawyers to get caught up in the day-to-day minutiae of the practice. But taking an occasional step back to check your practice’s pulse and really put yourself in your clients’ shoes can be one of the most valuable ways to improve your client service. Want an easy and effective way to do it? How about a secret shopper? I was introduced to the concept of secret shopping during my first career, in the retail industry. Buyers, product designers and marketers would travel across the country stopping into store locations, or phone stores…

  • Four Client Intake Mistakes to Avoid

    Ryan Pitz
    18 Jun 2013 | 3:50 am
    A lot of lawyers spend good money to generate leads for new business through marketing, advertising, promotions and networking, in both online or offline venues. But much of that money is lost because of inconsistent and unsystematic intake when one of those leads actually contacts the firm to express interest. Lead intake is what you do when you’re in front of, on the phone or online with a lead or prospect—which, to be clear, includes, or should include, the act of qualifying and converting the prospect to a client. Unfortunately, way too many lawyers get it wrong. How Not to Handle…

  • Lawyer Marketing Begins at Home

    Sally J. Schmidt
    17 Jun 2013 | 3:00 am
    Younger lawyers often wonder where to begin their marketing efforts. Without a notable track record of experience or expertise, and lacking contacts who are in a position to send business, the odds can seem insurmountable. If you are part of a law firm, however, you have many potential marketing opportunities—they just happen to be a bit closer to home: Inside your firm. Partners with clients are frequently looking for resources to service the work. In addition, most firms offer opportunities to assist with lawyer marketing activities, from drafting client alerts to preparing seminar…

  • Profitable Law Office

    admin
    16 Jun 2013 | 10:00 pm
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  • Make the Timekeeping Honor Roll

    Frederick J. Esposito Jr.
    14 Jun 2013 | 3:30 am
    Wise lawyers know that contemporaneous timekeeping is essential to the success of any fee arrangement—and to the overall financial success of your law firm. Lawyers who reconstruct their time weekly tend to lose 25 to 30 percent of their time, and those who enter time on a monthly basis can lose as much as 55 to 70 percent. To illustrate, assume an attorney is billing at $150 per hour and doesn’t capture 15 minutes a day. When you do the math over the course of a year, that one attorney could lose as much as $9,000 a year in billable time—and a firm with 25 attorneys could lose as much…
 
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    Law & Industry Daily

  • Johnson & Johnson Seeks Home Court Advantage in Tylenol Liver Damage Lawsuits

    Alexi Friedman | The Star-Ledger
    17 Jun 2013 | 11:45 am
    The 14 lawsuits filed against Johnson & Johnson in New Jersey contend its popular pain reliever, Tylenol, caused severe liver damage and that the company failed to warn consumers about the dangers. The cases were filed separately in Atlantic County, but J&J’s law firm has recently asked... ... Continue Reading.

  • Next ComFrame Version More Principles-Based, FIO Director Tells House Panel

    NAIC NewsWire
    17 Jun 2013 | 8:07 am
    BestWire (06/13/13) Harman, ThomasFederal Insurance Office Director Michael McRaith on June 13 told the House Financial Services' subcommittee on housing and insurance that the next version of the Common Framework under development by the Internationa... ... Continue Reading.

  • Record Enrollment in Mass. Health Insurance Exchange

    NAIC NewsWire
    17 Jun 2013 | 8:07 am
    Business Insurance (06/13/13) Geisel, JerryMassachusetts' Commonwealth Care health insurance exchange had more than 206,000 enrollees as of May, an all-time high and an increase over the previous month's record of 205,475. Eligibility in Commonwealth... ... Continue Reading.

  • 2 Found Dead in Area Burned by Out-of-Control Colo. Wildfire that Destroyed at Least 360 Homes

    NAIC NewsWire
    17 Jun 2013 | 8:07 am
    Associated Press (06/14/13) Daley, Haven; Slevin, Colleen After three days of continued damage from the Black Forest, Colo., blaze, firefighters seem to have come to a "draw" with the fast-moving fire, which has killed two people and destroyed at least 360 homes. Within 36 hours, the Black Forest... ... Continue Reading.

  • FEMA Report: Climate Change Could Increase Areas at Risk of Flood by 45 Percent

    NAIC NewsWire
    17 Jun 2013 | 8:07 am
    Mother Jones (06/13) Sheppard, Kate; West, JamesAccording to a first-of-its-kind report released by the Federal Emergency Management Agency (FEMA), increasingly severe weather and rising sea levels are expected to increase the number of U.S. regions v... ... Continue Reading.
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    The MegaDox MegaBlog

  • What’s the Difference Between an Agent and a Manager?

    Heather Cuthill
    18 Jun 2013 | 7:27 am
    Band managers take on many responsibilities - promoter, business and financial advisor, negotiator, accountant, publicist, agent, chauffeur, image consultant - depending on the needs of the artist. The role of the manager is to develop, guide and promote the career of the artist. That entails building connections within the industry with concert promoters, record company execs, and others who are in a position to help the artist move up the ladder of success. Continue reading →

  • The Top 4 Reasons Your Business Should Not Be Without an NDA

    Heather Cuthill
    11 Jun 2013 | 7:24 am
    Confidentiality agreements, non-disclosure agreements, NDAs, business protection agreements – no matter what you call them, they're an essential part of a company's internal and external contractual structure. There is no good reason for your business not to use an NDA, and many reasons you should have at least one good sample NDA in your corporate toolbox. Continue reading →

  • Why You Should Consider Outsourcing Your Business Accounting

    Rebecca Woods
    4 Jun 2013 | 6:44 am
    TODAY’S GUEST POST:  Every business owner wants their company to be organised and well run and have a good reputation. Businesses are too often let down by poorly run accounts that unfortunately cause a ricochet effect of integral information and … Continue reading →

  • The Difference Between Naturalization and Citizenship

    Heather Cuthill
    28 May 2013 | 8:15 am
    I just renewed my Canadian passport, and one of the questions on the renewal form was "Are you a naturalized Canadian?" Which started me wondering about what a "naturalized Canadian" is, and what the difference is between naturalization and Canadian citizenship. Continue reading →

  • 4 Questions (and Answers) About Indemnity Bonds

    Heather Cuthill
    21 May 2013 | 8:49 am
    Question #1: What’s an indemnity bond? An indemnity bond (also called a surety bond or fidelity bond) is a form of insurance purchased by one party to a contract as a means of compensating a second party to the contract, … Continue reading →
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    The Attorney Marketing Center

  • How to steal your competitor’s clients

    David M. Ward
    18 Jun 2013 | 12:53 pm
    Would you like to know a simple way to legally and ethically steal clients from other lawyers? Sure you would. Here’s what to do. First, who is your number one competitor? The one lawyer or law firm in your market who is tops in your practice area. It doesn’t matter if they are good lawyers or bad lawyers. Just make sure they bring in a lot of business.  So, who’s client’s would you like to steal? Got it? Okay, now, I want you to write a short article about this lawyer or law firm. A review. You can praise them, write about their shortcomings, or do a balanced…

  • Give your clients free onion rings

    David M. Ward
    17 Jun 2013 | 10:37 am
    My daughter sent me a gift card to Outback Steakhouse for Father’s Day. My wife and I were at the restaurant at 5 PM and not surprisingly, it was crowded. We ordered a “Bloomin Onion” as a starter. We were served bread and drinks but a long time passed and no Onion. The waiter finally came over and apologized. He said they were backed up with orders for the Onion and it would be out in a couple of minutes. No worries. It really wasn’t that long a wait. I had bread. I could see the San Antonio-Miami game on the TV screen and kept busy giving my wife reports of the…

  • Use emotional word pictures to sell more legal services

    David M. Ward
    14 Jun 2013 | 11:33 am
    Let’s say I’m selling oranges instead of legal services. I want you to buy my orange so I give you the facts: oranges are good for your health, they taste good, and they are economical. I am very experienced in growing oranges. Many people have bought my oranges and been satisfied with their purchase. So, do you want to buy my orange? Maybe, maybe not. How about if I tell you my orange has a brightly colored peel and a nob at the top and the skin is not too thick and not too thin. You can picture my orange, can’t you? It looks pretty good, doesn’t it? But you still may…

  • Sharing personal information online

    David M. Ward
    13 Jun 2013 | 1:47 pm
    Look at your website and social media profiles. Are you sharing personal information online? You should be. No, don’t be reckless. But don’t hide everything about your personal life, either. Prospective clients, referral sources, and other people who find you online want to know what you are like. You, not your practice. What kind of a person are you? What motivates you? What do you do for fun? People prefer to do business with people they know, like, and trust. Personal details help people get to know you, like you, and trust you. A few details about your personal life can give…

  • How to make more money as a lawyer

    David M. Ward
    12 Jun 2013 | 12:49 pm
    I’ve had lawyers say to me, “I should be earning more.” I give them a dose of reality: “No, you shouldn’t. Because if you should, you would.” If you deserved to earn more, you would earn more. We are all paid exactly what we are worth. No more, no less. In a free market, our income is in direct proportion to the value we deliver to the marketplace. If you want to know how to make more money as a lawyer, the answer is to deliver more value. “Maybe I’m just not good at communicating the value I deliver. I need to get better at doing that, better…
 
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    Valensi Rose Law

  • California Franchise Tax Board Hot Audit Issues Part III

    About Valensi Rose, PLC
    14 Jun 2013 | 2:02 pm
    By Mayer Nazarian and Geoffrey A. WegRecently, the California Franchise Tax Board announced the most common tax audit issues affecting Individuals, Pass-Through Entities and Corporations.  In the previous couple weeks we highlighted the first two taxpayer groups.In this last installment, we will discuss the top issues for Corporate Taxpayers.1. Sales Factor and Gross Receipts - Items included in the sales factor denominator that do not meet the definition of "gross receipts" or result in distortion.  (The sales factor denominator is the total sales everywhere during the taxable…

  • California Franchise Tax Board Hot Audit Issues Part II

    About Valensi Rose, PLC
    7 Jun 2013 | 4:35 pm
    By Mayer Nazarian and Geoffrey A. WegAs discussed in our previous post, the California Franchise Tax Board recently announced the most common tax audit issues affecting Individuals, Pass-Through Entities and Corporations.  Last week we highlighted personal income taxpayers. This week, we will review the top issues for Pass-Through Entity Taxpayers. 1. Disposition of Real Estate - IRC Section 1031 and 1033 issues: specifically with respect to deferred gain, incorrect treatment of cancellation of debt (COD) income within short sales or deeds in lieu, and failure to report…

  • Another Case on Unconscionability

    About Valensi Rose, PLC
    6 Jun 2013 | 4:30 pm
    By Laurie MurphyLaurie MurphyIn previous blogs we've reported on what makes a boilerplate agreement unenforceable.  Recently another appellate court weighed in in another automobile purchase case.  Two buyers of a new car were presented with a long, two sided contract containing an arbitration clause on the back of one the pages at the very bottom of the page. The arbitration clause itself was harsh and one sided favoring the dealer of course.  The buyers were not given the opportunity to review the contract and did not even know it was two sided.  The trial court…

  • When Are Boilerplate Unfair And One-Sided Provisions In Consumer Agreements Unenforceable?

    About Valensi Rose, PLC
    5 Jun 2013 | 12:36 pm
    By Laurie MurphyThis question was answered in a recent case decided by the court of appeals.  When clauses are so one sided or unfair, the courts can decline to enforce them if they are found to be both procedurally and substantively unconscionable.   Procedural unconscionability is found when there is unequal bargaining power and the contracts are foisted on the unsuspecting with no explanation and/or when their terms conflict with oral representations, are buried in the fine print and/or required as a "take it or leave it" proposition.   Substantive…

  • June 2013 the U.S. Supreme Court Expected to Decide a Federal Estate Tax Case and The Most Hotly Debated Civil Rights Case of the 21st Century: LGBT Rights v. Defense of Marriage Act

    About Valensi Rose, PLC
    3 Jun 2013 | 11:26 am
    By Bruce D. SiresBruce D. SiresThis month, the U.S. Supreme Court is expected to rule on two cases argued last March which are at the forefront of the fight for civil rights for the LGBT community.  One challenges California’s Proposition 8, which overturned the marriage equality which had existed only briefly in that State.  The other challenges the 1996 Defense of Marriage Act, which deprives lesbian and gay couples who are legally married or in a civil union from obtaining any federally mandated benefit otherwise afforded to married couples, such as the federal estate tax…
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    Estate Law Canada

  • 5 celebrity estate planning mistakes

    Lynne Butler
    17 Jun 2013 | 12:52 pm
    Stories about the rich and famous folks of the world have lots of value as pure entertainment; most of us love to read about those we love, or love to hate. These stories also have plenty of value to us ordinary people as examples of what can happen if we don't plan ahead. And as an extra bonus, talking about a celebrity story can be a great way to open a conversation about estate planning with

  • Is your medical care directive up to date?

    Lynne Butler
    15 Jun 2013 | 8:52 am
    I really enjoyed this article by Don Shaughnessy, who sure knows how to tell it like it is! In this article, he talks about a client who realizes that he hasn't taken his ex-wife off his medical directive, leaving her in charge should he lose capacity. Now there's a scary thought.  Click here to read the article.

  • Will withholding the Release force an executor to give funds outright instead of in trust?

    Lynne Butler
    15 Jun 2013 | 8:32 am
    What can you do if your inheritance is held in a trust and you'd prefer to receive it outright? A reader recently asked me whether withholding the Release would be an effective method of forcing the executor to pay the funds to him outright. His question and my answer are below: "A will under which I have inherited says that "the share of the estate belonging to beneficiary X shall be held in

  • Death is no escape from taxes

    Lynne Butler
    14 Jun 2013 | 10:09 pm
    I'm attaching a link to an article by Gail Bebee of www.morningstar.ca that talks about tax on an average Canadian estate, as well as what each province and territory charges for probate. It's a good article in plain, readable English (always a plus in my opinion) and packed with facts, so check it out by clicking here. Ms. Bebee interviewed me briefly for this article and you'll see my little

  • Do you work out of town and are worried about your aging parents?

    Lynne Butler
    11 Jun 2013 | 8:40 am
    I've come across a post on www.eldercaring.ca that will cause those of you with aging parents to breathe a sigh of relief. When my parents were ill, my sister left her job and husband behind for months at a time to care for them in another province. My youngest brother left a long-term job with the Vancouver police to move his family to the town where my parents lived so that he could check on
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    AZ Attorney

  • Packing To Cover a Lawyers’ Conference at #azbarcon

    azatty
    19 Jun 2013 | 9:30 am
    Last year, I explained all of the materials I had to schlep around to cover the State Bar Convention. You can read about that here. And here’s a shot of what I schlepped. Covering last year’s State Bar Convention (no legend needed; I’ll let you guess what these are). I don’t want to sound lazy, but I plan to mount a more stripped-down operation this year. Here is a photo of what I’m carrying at the Biltmore this week (followed by a legend): Covering this year’s State Bar Convention: stripped-down Droid Smartphone (the workhorse) Notepad Camera (smaller and…

  • New Officers Elected By @AZStateBar Board at 2013 #azbarcon

    azatty
    18 Jun 2013 | 3:18 pm
    State Bar of Arizona Board officers 2013-2014: L to R: Lisa Loo, Richard T. Platt, Whitney Cunningham, Bryan Chambers, Alex Vakula At its regular annual meeting at the State Bar Convention this afternoon, the State Bar of Arizona Board of Governors confirmed its slate of officers for the coming year. The new roster includes the newest officer, Secretary/Treasurer Alex Vakula, elected today:  President: Whitney Cunningham President-Elect: Richard T. Platt First Vice President: Bryan B. Chambers Second Vice President: Lisa Loo Secretary/Treasurer: Alex Vakula Following board bylaws, the new…

  • Coverage of 2013 @AZStateBar Convention #azbarcon Kicks Off

    azatty
    18 Jun 2013 | 9:30 am
    Arizona Biltmore Resort and Spa, site of the annual State Bar of Arizona Convention, June 19-21, 2013. This is annual Convention week at the State Bar of Arizona. As always, a dizzying array of educational seminars (and fun activities) are packed into the three-day event held in Phoenix at the Arizona Biltmore Resort & Spa. More detail about the Convention is here. Over the years, Arizona Attorney Magazine staff have covered the heck out of the annual event, and this year will be the same. In a later post, I’ll detail some of the tools I lug about to do just that. As in the past, we…

  • Lawyer Blog Network Grows, Reveals Law Practice Issues

    azatty
    17 Jun 2013 | 9:32 am
    Learning what lawyers are up to is an avocation (and vocation) that occupies much of my time. And for that task, I can think of few other time investments as valuable as reading their blogs. Sure, stopping by their offices and events is great, but that offers only a limited view inside law practice. But an aggregation of blog posts is revealing. It shows the multitude of challenges, pleasures and worries that lawyer brains are heir to. Maybe because I’m a writer, I tend to believe that writing (when it’s substantive) reflects thinking. Therefore, if you want to know what folks are…

  • Fennemore Craig Moves to New Offices in Biltmore Area

    azatty
    14 Jun 2013 | 9:47 am
    Telescope in the new Fennemore Craig lawyer lounge. What’s next for the profession? We’re all wondering what direction the legal profession is heading. Is its foundation sound, or are there cracks that threaten the entire structure? That’s kind of a heavy concept for Change of Venue Friday. So instead, I will simply share the direction that law firm Fennemore Craig is heading. Northeast. Fennemore Craig Managing Partner Tim Berg addresses a pcked room at the new-office reception, June 11, 2013. Sorry. I couldn’t resist. On Tuesday, I attended the firm’s new office reception. Or,…
 
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    Law Donut blog feed

  • Counting the cost of legal aid cuts

    Mark Williams
    6 Jun 2013 | 4:04 am
    So that’s that then, the time for listening has passed. The Coalition's consultation – Transforming Legal Aid – closed on 4 June. The Coalition is seeking to reduce the £2bn of public money that is currently spent in England and Wales on legal aid. According to the BBC: “Up to £350m [will] be saved by removing legal aid for civil cases including employment, clinical negligence, family problems and divorce proceedings.” Legal aid for divorce ceased on 1 April (there are some exceptions, including cases that involve domestic abuse or violence), this despite high levels of divorce in…

  • Why many small businesses don’t seek legal advice from law firms

    Mark Williams
    24 May 2013 | 2:53 am
    Almost 90% of small businesses in England and Wales don’t contact law firms for advice when faced with legal problems. That’s the damning conclusion of a report called In need of Advice?, which has just been published by The Legal Services Board. The report is based on an online YouGov survey of 9,703 small businesses, which took place in December last year, that suggests that 38% of small firms face many legal problems that impact on their day-to-day operations and growth, but only 12% of those legal problems led small firms to seek professional legal advice from solicitors, with 52% of…

  • Facebook evidence now used in "majority of divorces"

    markroberthall
    20 May 2013 | 6:13 am
    According to internet reputation company GotJuice.co.uk, “more than 80% of lawyers turn to social media to find evidence in divorce cases of infidelity and other behaviour that might settle custody battles or financial issues”. Two-thirds of evidence gleaned from social media is related to Facebook, reckons GotJuice.co.uk, where “individuals are more likely to flirt and unwittingly leave a trail for technology-savvy lawyers to find”. It seems that many people are careless when using social media websites, not realising how public their postings are. Mark Hall of GotJuice.co.uk says:…

  • How is a limited company different from a limited liability partnership?

    1stContact
    15 May 2013 | 2:30 am
    When you decide to go ‘limited’ as a small-business owner, you will have two options – limited company or limited liability partnership. What is a limited company? A limited company is available for individuals who want to utilise profit-making activities within a legal framework. Members or shareholders have their liability limited to contributions they have made or invested in the company, therefore, the debts of the company are separate from the shareholders’ debts. What is a limited liability partnership? This is made up of two or more people who agree to share a business and have…

  • How to protect your intellectual property

    Wax Noor
    22 Apr 2013 | 2:27 am
    Your ideas are one of your most valuable assets. Whatever the idea, it is your idea and you must protect it. Whether it is a concept, design, sign, symbol, logo or a game-changing invention, it’s something you have created and unless you protect it, you may be forced to watch your intellectual property rights slip through your fingers.   What is Intellectual Property? Intellectual property (IP) is an umbrella term used to describe a range of legal rights. Businesses need to ensure they protect what they create, maximise their competitive position and avoid infringing the IP rights of…
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    Colorado Construction Litigation

  • THE NEW AIA SUSTAINABLE PROJECT CONTRACT DOCUMENTS: A Good Basis for Managing Risk on Green Building Projects

    Nancy B.
    19 Jun 2013 | 11:43 am
    With “green building” practices and projects becoming more mainstream across the country, it is more important than ever to account for the unique issues they raise.  Recognizing this need, the American Institute of Architects (“AIA”) introduced five new form agreements in the past year to be used on green building projects.  The new agreements are based on widely-used existing AIA form agreements, and incorporate much of the language and recommendations included in the AIA D503-2011 Guide for Sustainable Projects.  They have been drafted to accommodate the additional…

  • Risk Management for Condominium Conversions

    Nancy B.
    12 Jun 2013 | 11:52 am
    One of the bright spots in the Colorado construction industry over the last few years has been the construction of for-rent apartments. It seems as though apartments are going up everywhere you look along the Front Range. As market forces change, it will be interesting to see whether these units will remain apartments or whether they will be converted into for-sale condominiums or townhouses. One of the risk management strategies we have recently discussed with our general contractor clients who have been asked to build apartments is to ensure that the project remains a for-rent apartment…

  • Acord Certificates of Liability Insurance: What They Don’t Tell You Can Hurt You

    Nancy B.
    5 Jun 2013 | 10:06 am
    As anyone involved in construction knows, one of the most heavily used forms for tracking insurance information during the subcontracting phase of a project is the Acord Certificate of Liability Insurance. General contractors often require subcontractors to provide these ubiquitous forms as evidence that the subcontractor maintains adequate insurance or insurance which complies with the requirements of the subcontract. Unfortunately, experience has shown that the Acord forms being used today are insufficient sources of the information needed by the developer and general contractor.

  • In Re Golba: The Knaubs v. Golba and Rollison, Debtors - Revisited

    David M. McLain
    22 May 2013 | 9:48 am
    Roughly a year ago, this blog reviewed a bankruptcy court order finding an individual’s, Greg Rollison (“Rollison”), debt was non-dischargeable.  The court found Rollison made false representations under § 523(a)(2)(A)  to Kelvin and Holly Knaub (the “Knaubs”), knowing such representations to be false, with the intent to deceive the Knaubs into believing a replacement house would be built for them.    While the court did not find the corporate veil should be pierced in the case, it did find that Rollison made personal representations on which the Knaubs…

  • Colorado Senate Bill 13-052 Dies in Committee

    David M. McLain
    19 Apr 2013 | 8:18 am
    On April 17, 2013, the Colorado Senate Judiciary Committee voted, along party lines, to postpone indefinitely SB 52. Here is a link to the Denver Business Journal's story regarding the bill and its untimely demise: "Lawmakers kill lawsuit limits on condo defects."Unfortunately, it will be at least another year before the legislature will have the ability to provide some much needed relief to the Colorado construction industry. I would like to thank those who came out to support Senate Bill 52 and those who contacted legislators to urge their support. As noted by the Denver Business…
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    Legal Loudspeaker

  • A Complete Guide to Managed Services for Law Firms

    Accellis Technology Group
    10 Jun 2013 | 8:28 am
    In an effort to deal with rampant security threats, evolving technology, and to level spending patterns, many law firms are turning to Managed Services Providers (MSPs) to protect their IT environment and stabilize their budget. But not all MSPs are created equal. Remember that while many people SAY they are an MSP – some are not. That’s why we published A Complete Guide to Managed Network Services for Law Firms. The topics covered are based on our experience in the field dealing with issues most commonly seen in law firms and legal departments. There is a lot of information to cover,…

  • Is Your Law Firm Ready for VDI? (Part 2)

    Accellis Technology Group
    7 Jun 2013 | 12:30 pm
    In my last post, we reviewed what VDI is, why it’s growing in popularity, and why VDI may be a great option for law firms. Now let’s explore the cost and deployment considerations you should be aware of, and whether it can save you money in the long run. Photo by http://www.flickr.com/photos/68751915@N05/6355360253/sizes/z/in/photostream/ Cost to implement VDI VDI is actually very cost-effective. It comes at no added cost to the firm unless you wish to activate it. It is inherent in any new Server 2012 server operating system, waiting to be utilized. There is an annual VDI license cost of…

  • Symphony OCR Update (V 6.0)

    Accellis Technology Group
    30 May 2013 | 6:00 am
    Trumpet, the makers of Symphony Suite, an application that automatically OCRs every file within your Worldox repository, recently completed updates to Symphony OCR versions 5.4.0 and earlier which includes several new features we think will help firms. The new Symphony OCR Version 6.0 includes: New document priortization levels Ability to specify when each profile group should be OCRed Better backlog reporting (explicitly display page usage in past year, recommended license size) Ability to report on backlog progress for each profile group Streamlined installation (Client ID and Partner ID…

  • Is Your Law Firm Ready for VDI? (Part 1)

    Accellis Technology Group
    29 May 2013 | 12:04 pm
    We’ve started getting a lot of questions from people wanting to learn more about VDI, or Virtual Desktop Infrastructures. As the workforce becomes more mobile and remote access demands increase, VDI offers a solution for anywhere, anytime access for all of your system applications and documents. In this two-part series, I’ll explore what VDI is, why it’s growing in popularity, and why VDI may be a great option for law firms. In my next post, I’ll explain cost and deployment considerations law firms should be aware of before investing in this model. What is VDI? Virtual Desktop…

  • Amicus Cloud Training Video Pack

    Accellis Technology Group
    3 May 2013 | 7:57 am
    We prepared a series of brief training videos designed to get you started on the Amicus Cloud platform. Each video is under 5 minutes long and are intended for new users. Amicus Cloud Training Videos:           How to create an invoice How to link an email How to add a new file Hot to add time and expenses How to add a task How to add a call How to navigate the calendar How to create an invoice in Amicus Cloud   How to link an email in Amicus Cloud How to add a new file in Amicus Cloud To view the rest of our Amicus Cloud training videos, please visit our website here! Filed…
 
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    Legal Expert Network

  • Property Lines: Legal Expert Awards

    admin
    19 Jun 2013 | 11:27 am
    This week our legal experts gave us some valuable advice about property lines. In many neighborhoods, property lines were established years ago, and it can be difficult to get a clear idea of where your property ends and your neighbor’s property begins. Often, property disputes arise from simple misunderstandings and can be avoided with careful research. But sometimes, neighbors violate your property more intentionally, and hiring an attorney is inevitable. Our legal experts have spelled out what we need to know about the sensitive topic of property lines. How are property lines developed?

  • Great Divide: Six Divorce Trends of Today [Infographic]

    admin
    19 Jun 2013 | 10:53 am
    Divorce is an unfortunate fact of life. People fall in and out love, relationships change, and eventually many marriages dissolve. There are nearly infinite possible causes for divorce and predicting or generalizing about how it comes about is very difficult. Over time however, there do appear to be some trends and patterns in divorce across the country. (Click to enlarge) Source: eLocalLawyers.com Share it: Tweet Embed the smaller version (620px wide): (Click to enlarge) Source: eLocalLawyers.com Embed the larger version (940px wide): Source: eLocalLawyers.com        …

  • How are property lines developed?

    admin
    10 Jun 2013 | 10:41 am
    Boundary disputes can be really damaging to relationships between neighbors, when conflict over gray areas quickly turn a positive living situation into a miserable one. Problems arise when neighbors cross a boundary line that has been agreed upon, or make permanent changes on disputed territory. Problems can also arise when neighbors are not sure of there the property line has been set, and unknowingly violate it. What is the best way to find the property line in cases where neighbors are not certain of where one property stops and the other begins? Obviously, property deeds and conversation…

  • Top 5 Tips to Establish Your Career Post-Law School

    admin
    7 Jun 2013 | 8:59 am
    The lackluster economy of the last five years has affected most career fields, especially new law school graduates looking to join the job market. Upon graduation, it can be difficult to land a job, let alone find the type of career you want as a new lawyer. This week, we looked to our legal experts for advice for new law school graduates. We received a wide array of advice depending on the type of experience and background of our seasoned legal experts. Some key points were the importance of meaningful relationships, becoming a prominent figure in your community, and learning as much as…

  • Developing Your Legal Career- Legal Expert Awards

    admin
    5 Jun 2013 | 12:33 pm
    This week, we asked our seasoned legal experts to advise new lawyers looking to establish themselves in the legal field. Upon graduation, it can be quite overwhelming to figure out which direction you would like to take your career and which path to take to make it happen. We received a wide array of tips from our lawyers based on their experience building their career. Most lawyers agreed on a few key points, however. Namely, the importance of relationships. Strong relationships are key for attaining clients, starting a firm, and interacting with other lawyers. How do you establish yourself…
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    CFTC LAW | Forex, Futures and Derivatives Regulatory News

  • Gary Gensler’s Term May Be Over in July

    Elan Mendel
    19 Jun 2013 | 8:45 am
    Gary Gensler’s Term May Be Over in JulyThe Commodity Futures Trading Commission Chairman Gary Gensler may be replaced as early as July, reports The Financial Times. His term, which began on May 26th 2009, was set to expire in April this year, but until a new Chairman has been appointed by President Obama, Gensler may ride out the term until the end of this year. The other members on the commission, such as Jill Sommers, Bart Chilton, Scott O’Malia, and Mark Wetjen are also up for re-appointments this year, and lobbyists and lawyers are waiting eagerly to see what the turnover is.

  • Evaluation By EU of U.S. Credit Swap Rules Delayed

    Felix Shipkevich
    17 Jun 2013 | 1:11 pm
    Evaluation By EU of U.S. Credit Swap Rules DelayedThe European Commission has given regulators at the European Securities and Markets Authority more time to analyze United States and Japanese credit swaps. The original deadline for their analysis was June 15th, but ESMA has been given an extension until September 1st to formulate an opinion on third party clearing houses regarding OTC derivatives regulation. Until the robustness of US credit swap policy has been reviewed, some European banks have been given more restricted access to clearing houses outside of the European Union. Because of…

  • Wall Street to Face Cyber-Attack in Exercise

    Felix Shipkevich
    14 Jun 2013 | 8:59 am
    Wall Street to Face Cyber-Attack in ExerciseCan Wall Street survive an all-out cyber-attack? According to Reuters, that question will be answered on June 28. That is when SIFMA (Securities Industry and Financial Markets Association) plans to commence Quantum Dawn 2, an exercise that will simulate the confusion and turmoil that a successful hacker attack can cause. The exercise will take place from 9 a.m. to 2:30 p.m. and participants will face viruses that will try to invade trading systems and induce latency in trades, all of which will necessitate active communication and teamwork to…

  • U.S. House Passes Bill To Loosen Federal Grip on FX Derivative Trading

    Elan Mendel
    13 Jun 2013 | 8:37 am
    U.S. House Passes Bill To Loosen Federal Grip on FX Derivative TradingThe U.S. House has passed a bill that will loosen the federal government’s grip over the trading of foreign derivatives. The FX exemption was passed by a bipartisan group of lawmakers on a 301-124 vote. According to Bloomberg, supporters of the bill feel that this exemption is crucial to giving U.S. firms a strong position in the foreign exchange markets. However, opponents feel that regulation systems in outside countries are weaker and could result in endangering the financial system as a whole. The Commodity Futures…

  • Banks Receive Extension on Risky Swaps Rule

    Felix Shipkevich
    12 Jun 2013 | 8:13 am
    Banks Receive Extension on Risky Swaps RuleThe Wall Street Journal reports that seven banks have received extensions on complying with the rule that would require them to “move risky swap activities into separate affiliates.” The Office of the Comptroller of the Currency granted the two year extensions to Bank of America Corp., J.P. Morgan Chase & Co., Citigroup Inc., Wells Fargo & Co., HSBC Holdings PLC, Morgan Stanley and U.S. Bancorp. The rule, which required banks to move their risky swaps trades to affiliates that were not covered under the “federal deposit insurance and…
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    The Litigation Consulting Report

  • Our Top 20 Litigation Articles of All Time - Download in a Free Book

    Ken Lopez
    18 Jun 2013 | 7:00 am
    by Ken LopezFounder/CEOA2L Consulting We are very proud to have achieved a milestone and to be able to share it with our readers. In 2011, we launched our popular litigation-focused blog, The Litigation Consulting Report, and we recently published our 200th article for the blog. In that time, tens of thousands of different people in the legal industry – partners in major law firms, in-house counsel, consultants, expert witnesses, graphic designers, and many others – have turned to the blog for interesting stories about real trials, for the latest research on what works and what doesn’t,…

  • 13 Reasons Law Firm Litigation Graphics Departments Have Bad Luck

    Ken Lopez
    17 Jun 2013 | 6:30 am
    by Ken LopezFounder/CEOA2L ConsultingI have seen some great law firm litigation graphics departments over the past 20 years. The best was at Howrey, which is where A2L's second team member and others came from in the mid-1990s. Back then, Howrey's litigation graphics department was led by an Academy Award-winning artist and producer. These credentials commanded respect. Litigation graphics were largely a mystery to most lawyers at that time, and I believe that the litigators at Howrey were quite proud of the in-house graphics department. Smartly, it and other divisions of Howrey were separate…

  • 7 Questions You Must Ask Your Mock Jury About Litigation Graphics

    Ryan Flax
    13 Jun 2013 | 3:57 am
    by Ryan H. Flax, Esq.Managing Director, Litigation ConsultingA2L ConsultingSo, you’ve made the time, effort, and budget commitment to conduct a mock jury exercise to test your case before trial. In my opinion and in the opinion of almost every litigator I’ve worked with, all this time and effort is generally well spent. But if you fail to get the right feedback from your mock jurors, you’ve wasted your time and resources. What is that “right” feedback and how do you get it?  Your jury consultant should lead the way in this regard (ours has a Ph.D. in psychology and over 30…

  • [Free E-Book Download] Trial Consulting Guidebook for Litigators

    Ken Lopez
    10 Jun 2013 | 6:58 am
    by Ken LopezFounder/CEOA2L Consulting We at A2L Consulting have just published a new, completely free, e-book that will be interesting to trial lawyers of all experience levels and in fact to anyone who is interested in trial consulting, how it has evolved over the years, and what the best practices are today. The use of jury consultants in high-stakes litigation is increasing, and their sophistication is increasing as well. In fact, the term “jury consultant” is rapidly being displaced by the term “litigation consultant” to reflect the fact that these people do far more than evaluate…

  • Portray Your Client As a Hero in 17 Easy Storytelling Steps

    Ken Lopez
    6 Jun 2013 | 3:21 am
    by Ken LopezFounder/CEOA2L Consulting Much has been written about the hero's journey as Joseph Campbell described it in his seminal work, The Hero with a Thousand Faces. In this 1949 book, Campbell asserts that storytellers worldwide, in their best stories, have for centuries used a story structure that he calls the monomyth. From Beowulf to Ulysses to Luke Skywalker, the pattern is seen over the ages.  Leadership speakers, filmmakers, theologians and literary authorities use the 17 steps described by Campbell to tell stories that have multi-generational…
 
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    New Jersey Injury Attorney Blog

  • Rider Training of New Jersey (RTNJ)

    11 Jun 2013 | 9:45 am
    The focus of Rider Training of New Jersey (RTNJ) is to increase the skill and awareness of motorcyclists on the part of the general public. According to ridertrainingnj.com, RTNJ is a non-profit offering instructional programs for riders of every ability level — from the novice to the veteran rider. Whatever your skill level, RTNJ can make you a safer, better motorcyclist. RTNJ uses the Motorcycle Safety Foundation (MSF) curriculum. That curriculum has been established by the MFA based on more than 40 years’ worth of data on motorcycle accidents. According to the MFA, 400,000…

  • Man Formerly from Weehawken Dies in Poconos Motorcycle Accident

    7 Jun 2013 | 6:09 am
    A former Weehawken man recently lost his life in a motorcycle crash in the Poconos. Courtesy of NJ.com, the native of New Jersey died in a motorcycle accident in Pennsylvania’s Middle Smithfield Township. Authorities say the man, age 33, lost control of his motorcycle, a 1999 Kawasaki, at approximately 4:41 p.m. According to the Monroe County Coroner, the man was pronounced dead at the scene of the accident. The motorcyclist lost control of his motorcycle after reaching the crest of a hill and starting down the other side. There was a sideways skid, and the victim struck his head on the…

  • Another Four Die on New Jersey Roads over Memorial Day Weekend

    5 Jun 2013 | 10:05 am
    On Memorial Day weekend of 2012, four people lost their lives on New Jersey roads. According to statewide law enforcement officials, four people again died on New Jersey highways over the Memorial Day weekend. According to NJ.com, the crashes were located in Clifton on Route 3, in Woodbridge on the Garden State Parkway, in Sussex County on Route 23, and in Atlantic County in Hammonton. New Jersey State Police Sergeant Adam Grossman stated that the four fatalities occurred in four separate accidents at these locations. Two of those who died were drivers, and two were passengers in the vehicles…

  • Supreme Court Justice Recovering from Bicycle Accident

    21 May 2013 | 11:21 am
    As reported by NPR.org, Supreme Court Justice Stephen Breyer has had another bicycle accident. This accident is his third major bicycle accident since his first in 1993. In 1993, Justice Breyer suffered injuries including multiple broken ribs and a punctured, collapsed lung when he was struck by a motor vehicle while riding his bicycle in Harvard Square, according to Boston.com reports. In May 2011, Justice Breyer suffered a fractured right clavicle (collarbone) while riding his bike in Cambridge, Massachusetts, near his home. According to NPR’s Nina Totenberg, in this, his most recent…

  • NJ DOT Bicycle Safety Tips — Wearing Helmets and Staying Visible

    8 May 2013 | 12:48 pm
    Courtesy of the New Jersey Department of Transportation, the following advice is offered to keep New Jersey bicyclists safe while they enjoy the ride. Helmets Each year, approximately 1,000 bicyclists lose their lives in the U.S. due to bicycle accidents. Eighty percent of those deaths are the result of head/brain trauma. Every bicyclist should own and use a bicycle helmet. The New Jersey Department of Transportation and the bicycle accident attorneys at Lependorf & Silverstein offer the following tips regarding bicycle helmet use and staying visible: All bicycle helmets should bear a sticker…
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    Disability Attorney Law Firm - Whatever It Takes To Secure Benefits.

  • Cigna May Have to Pay Over $77 Million in Long Term Disability Benefits Which Were Wrongfully Denied

    Gregory Dell
    12 Jun 2013 | 7:59 am
    Similar / Related:Disability ERISA appeal won on behalf of a man who was twice-denied long-term disability status When Disability Denied, Lawyer Pulls Out All Stops

  • Dell & Schaefer Attorney Rachel Alters Honored as One of 100 Outstanding Women of Broward County

    Gregory Dell
    5 Jun 2013 | 6:51 am
    Dell & Schaefer Attorney Rachel Alters was honored as one of the 100 Outstanding Women of Broward County during a special gala dinner at the Signature Grand in Davie. The event benefitted the Boys & Girls Clubs of Broward County. The 100 Outstanding Women of Broward County Dinner brought the community together to celebrate how far women have come in leadership roles in the business, community and philanthropic fields. Alters is a partner in the Disability Income Division of Dell & Schaefer and has successfully represented hundreds of disability insurance claimants around the…

  • CIGNA Reaches Regulatory Settlement Agreement with Massachusetts Prompting the Review of Disability Benefit Denials

    Gregory Dell
    29 May 2013 | 11:57 am
    On May 12, 2013, the state of Massachusetts took a step in the right direction when it let CIGNA know that its unscrupulous claims handling procedures as they relate to disability benefits under ERISA governed long term disability policies would not be tolerated. Known as the CIGNA Regulatory Settlement Agreement, the settlement was entered into by five states (California, Connecticut, Maine, Massachusetts, or Pennsylvania) and the following insurance entities Life Insurance Company of North America, Connecticut General Life Insurance Company and Cigna Health and Life Insurance Company (all…

  • Does the 2013 Cigna Long Term Disability Regulatory Settlement Agreement Require My Disability Benefit Denial to Be Reconsidered?

    Gregory Dell
    29 May 2013 | 8:57 am
    If you are a resident of California, Connecticut, Maine, Massachusetts, or Pennsylvania you may be eligible to have a previously denied Cigna long term disability claim re-evaluated. Pursuant to the May 13, 2013 Cigna Regulatory Settlement Agreement, Cigna must reassess long term disability insurance claims that were denied to residents of Connecticut, Maine, Massachusetts, or Pennsylvania between January 1, 2009 and December 31, 2010. Residents of California that had their Cigna disability claims denied between January 1, 2008 and December 31, 2010 may have their claims reassessed. If you…

  • Cigna Long Term Disability Insurance Settlement Agreement Information

    Gregory Dell
    29 May 2013 | 7:16 am
    As long term disability insurance lawyers that have helped thousands of disability insurance claimants we are pleased to announce that Cigna / Life Insurance Company of North America (LINA) has entered into a “Regulatory Settlement Agreement” ( hereinafter known as “Cigna Settlement”) with the Departments of Insurance from California, Connecticut, Maine, Massachusetts, and Pennsylvania. On May 8, 2013, five states and Cigna signed an Agreement which requires Cigna to implement new disability claim handling practices, re-evaluate long term disability claims that were…
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    Alabama Workers Comp Blawg

  • Alabama Court of Civil Appeals Considers Last Injurious Exposure Rule

    28 May 2013 | 6:27 am
    Office Max, Inc. v. Academy, Ltd. - Released May 17, 2013 This case stems from a workers’ compensation case involving an employee of Office Max. The employee claimed that in 2002 and 2005 she injured her knees and shoulders, respectively, while working in the line and scope of her employment with Office Max. On three occasions, June 2008, March 2010 and July 2010 the employee sought orders compelling Office Max to provide medical treatment, which were granted. Office Max responded to the second motion arguing that the employee suffered a new injury, or aggravation of a preexisting…

  • Bipartisan Medicare Legislation Introduced to the House of Representatives

    15 May 2013 | 7:33 am
    Reps. Dave Reichert (R-WA) and Mike Thompson (D-CA) introduced the Medicare Secondary Payer and Workers’ Compensation Settlement Agreement Act (H.R. 1982) into the House of Representatives May 15, 2013.  The bill establishes clear and consistent standards for the administrative process which provides for reasonable protection of the injured worker and Medicare. Supporters indicate that it will benefit injured workers, employers and insurers by creating certainty as well as allowing the settlement process to move forward without the delays that parties are currently presented with.

  • Alabama Court of Civil Appeals Addresses Several Issues in Affirming Permanent and Total Award

    21 Apr 2013 | 7:16 am
    On April 19, 2013, the Alabama Court of Civil Appeals released its opinion in McAbee Construction, Inc. v. Elvin Allday. At trial, the employee presented evidence that he had worked as a boilermaker since 1986. During that time, he had sustained multiple work related injuries to his back and shoulders. However, the evidence revealed that the employee had fully recovered from those injuries and was working without restriction. During a temporary shutdown of the mill operated by his regular employer, the employee took a job with McAbee Construction and claimed a work accident resulting in…

  • Unexplained Falls are not Compensable in Alabama

    11 Mar 2013 | 3:33 am
    On March 1, 2013, the Alabama Court of Civil Appeals released its opinion in Ex Parte Russell Threadgill wherein it denied in part and granted in part the employee’s petition for mandamus relief. At trial, the employee claimed that he had two accidents. His first accident allegedly resulted in injuries to his back, left leg, right arm, and right shoulder. His second accident allegedly resulted in injuries to his left ankle and right shoulder. The employee testified that his second accident was the direct and natural consequence of injuries resulting from the first accident.

  • Alabama’s Judicial Estoppel Defense in Workers’ Compensation Matters... Use it or Lose it!

    20 Feb 2013 | 5:58 am
    On February 15, 2013, the Alabama Court of Civil Appeals released its opinion in CVS/Caremark Corp. v. Gloria Washington wherein it addressed  the affirmative defense of judicial estoppel in the workers’ compensation context.  Specifically, the Court noted the availability of the defense but only when properly pled.  The Court of Appeals had previously addressed the issue in White Tiger, Inc. v. Paul Clemons (released January 13, 2012).   In that case, the Court ruled that a claimant’s assertion that he was available and able to do some work at his unemployment…
 
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    Wexler Wallace Law Firm Blog

  • Supreme Court Makes Landmark Antitrust Ruling

    Amy Sayre, Paralegal
    18 Jun 2013 | 9:50 am
    The United States Supreme Court yesterday made a landmark antitrust decision that should hopefully have the effect of increasing generic competition with brand name drugs, lowering pharmaceutical costs for consumers and their insurers.  In Federal Trade Commission v. Actavis, Inc.,

  • Supreme Court Rules in Oxford Health Plans Case

    Kara Elgersma, Of Counsel
    10 Jun 2013 | 3:16 pm
    Today, the Supreme Court issued its opinion in Oxford Health Plans, LLC v. Sutter, that casts some doubt on an oft-recited interpretation of Stolt-Nielson, S.A. v. AnimalFeeds Int’l Corp., 559 U.S. 662 (2010).  In Stolt-Nielson, the Court held:  “a party

  • Hall of Shame: Johnson & Johnson’s License Suspended

    Corey Raines, Associate
    21 May 2013 | 7:35 am
    Pharmaceutical giant Johnson & Johnson is currently under fire as the subject of thousands of lawsuits involving defective products, including both their metal-on-metal hip implant systems and vaginal mesh.  But it seems that is not their only problem.  The Maharashtra

  • Congress Asks SEC to Enforce Consumer Protections

    Amy Sayre, Paralegal
    2 May 2013 | 1:05 pm
    Congress does not have the reputation lately of working for the people. Stalemates between Republicans and Democrats continue to halt progress in both bodies of Congress. However, amidst their inability to seemingly get anything done, 37 members of the Senate

  • Trio of New Class Certification Decisions in the Seventh Circuit

    Thomas Doyle, Of Counsel
    19 Feb 2013 | 7:33 am
    In the last few months, the U.S. Court of Appeals for the Seventh Circuit has issued three opinions on the topic of how trial courts should decide motions for class certification when some questions will require individualized proof. Judge Richard
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    Pam Woldow's At the Intersection

  • Lateral Integration: The Real Elephant in the Room

    Pam Woldow
    9 Jun 2013 | 9:35 am
      In our last few posts, we’ve  been discussing topics and insights that arose in a recent Managing Partners Forum sponsored by Edge International. One concern the MPs cited as a major area of management concern was:  Law firms’ frequent and unacceptable failure to successfully integrate lateral hires. Uh, Oh… Looking past the failure of entire law firm mergers for the moment to concentrate on the failure of individual lateral partner hires to thrive, the numbers are shocking: all research suggests that about 50% of lateral hires crater badly. The MPs  were not talking about…

  • Is This In My Job Description? What Managing Partners Say About Their Job

    Pam Woldow
    1 Jun 2013 | 10:14 pm
    This post continues an ongoing series deriving from discussions by a group of leaders of small and medium-sized firms at a Managing Partners Forum recently sponsored by Edge International. This group of MPs report that daily they confront a bewildering – often seemingly crazy — variety of issues and frustrations they did not anticipate when bucking for the MP job.  Whether full-time or part-time, all agree that they experience constant do-it-now demands — all the time. How MPs Want to Spend Their Time Most MPs said that they are forced to spend inordinate amounts of time at the…

  • Loneliness at the Top: Managing Partners’ Scary Balancing Act

    Pam Woldow
    26 May 2013 | 9:38 pm
    In our last post, we described the almost overwhelming variety of issues reported by firm leaders attending an Edge International-sponsored Managing Partners’ Forum, and we promised a more granular look at several of the challenges that really keep them up at night. In this installment: How do I balance my management responsibilities and the demands of my legal practice? Quite understandably, the Managing Partner role is not viewed with unalloyed joy by all incumbents.The sense of service to one’s firm and the ability to put one’s own stamp on firm strategy and success constantly…

  • Up Close and Personal – Perspectives from a Managing Partners’ Forum

    Pam Woldow
    9 Mar 2013 | 3:26 pm
    Edge International recently co-sponsored and facilitated a Managing Partners’ Forum in Savannah for medium-sized firms in the Southeastern region, and I came away from the discussions both with some eye-opening impressions and a renewed sense of respect for how hard law firm leaders’ jobs are these days. My partners and I were there not to lecture, coach, consult or pitch, but rather to listen — to get insights into the way today’s legal landscape looks to the leadership of a group of superficially similar but functionally quite diverse firms. The participants were there to pick…

  • Legal Project Management 101: Why Scoping Matters

    Pam Woldow
    11 Feb 2013 | 2:45 pm
    Scenario (a true-life debacle, presented with altered identifying information) In November 2012, Steve, a Senior Vice President at Mega-Bank, hired outside counsel to handle what seemed like a routine corporate transaction.  The firm took on the matter and performed the legal work and documentation the Bank needed. In January 2013, at the closing table, Mega-Bank asked to see the firm’s billings, because they were to be paid from the transaction proceeds.  The firm faxed over the bill, which totaled $95,000, to the closing agent.  Steve was flabbergasted: in his extensive experience in…
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    New Jersey Injury Attorney Blog

  • Rider Training of New Jersey (RTNJ)

    11 Jun 2013 | 9:45 am
    The focus of Rider Training of New Jersey (RTNJ) is to increase the skill and awareness of motorcyclists on the part of the general public. According to ridertrainingnj.com, RTNJ is a non-profit offering instructional programs for riders of every ability level — from the novice to the veteran rider. Whatever your skill level, RTNJ can make you a safer, better motorcyclist. RTNJ uses the Motorcycle Safety Foundation (MSF) curriculum. That curriculum has been established by the MFA based on more than 40 years’ worth of data on motorcycle accidents. According to the MFA, 400,000…

  • Man Formerly from Weehawken Dies in Poconos Motorcycle Accident

    7 Jun 2013 | 6:09 am
    A former Weehawken man recently lost his life in a motorcycle crash in the Poconos. Courtesy of NJ.com, the native of New Jersey died in a motorcycle accident in Pennsylvania’s Middle Smithfield Township. Authorities say the man, age 33, lost control of his motorcycle, a 1999 Kawasaki, at approximately 4:41 p.m. According to the Monroe County Coroner, the man was pronounced dead at the scene of the accident. The motorcyclist lost control of his motorcycle after reaching the crest of a hill and starting down the other side. There was a sideways skid, and the victim struck his head on the…

  • Another Four Die on New Jersey Roads over Memorial Day Weekend

    5 Jun 2013 | 10:05 am
    On Memorial Day weekend of 2012, four people lost their lives on New Jersey roads. According to statewide law enforcement officials, four people again died on New Jersey highways over the Memorial Day weekend. According to NJ.com, the crashes were located in Clifton on Route 3, in Woodbridge on the Garden State Parkway, in Sussex County on Route 23, and in Atlantic County in Hammonton. New Jersey State Police Sergeant Adam Grossman stated that the four fatalities occurred in four separate accidents at these locations. Two of those who died were drivers, and two were passengers in the vehicles…

  • Supreme Court Justice Recovering from Bicycle Accident

    21 May 2013 | 11:21 am
    As reported by NPR.org, Supreme Court Justice Stephen Breyer has had another bicycle accident. This accident is his third major bicycle accident since his first in 1993. In 1993, Justice Breyer suffered injuries including multiple broken ribs and a punctured, collapsed lung when he was struck by a motor vehicle while riding his bicycle in Harvard Square, according to Boston.com reports. In May 2011, Justice Breyer suffered a fractured right clavicle (collarbone) while riding his bike in Cambridge, Massachusetts, near his home. According to NPR’s Nina Totenberg, in this, his most recent…

  • NJ DOT Bicycle Safety Tips — Wearing Helmets and Staying Visible

    8 May 2013 | 12:48 pm
    Courtesy of the New Jersey Department of Transportation, the following advice is offered to keep New Jersey bicyclists safe while they enjoy the ride. Helmets Each year, approximately 1,000 bicyclists lose their lives in the U.S. due to bicycle accidents. Eighty percent of those deaths are the result of head/brain trauma. Every bicyclist should own and use a bicycle helmet. The New Jersey Department of Transportation and the bicycle accident attorneys at Lependorf & Silverstein offer the following tips regarding bicycle helmet use and staying visible: All bicycle helmets should bear a sticker…
 
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    Houston Personal Injury Law Blog from Simmons and Fletcher, personal injury trial lawyers

  • Frightening Drunk Driving Related Car Accident Stats in Houston Continue to Rise in 2013

    jlong
    17 Jun 2013 | 4:20 am
    Harris County is Drunk Driving Capital of Texas Harris County has earned an embarrassing nickname: the drunk driving capital of Texas. Some of Houston’s most popular nicknames like “Mission Control”, “Space City”, and “H Town” are preferable, but there’s no disputing the statistics that earned Houston this shameful pseudonym. Texas already has one of the highest drunk driving accident and fatality rates in the United States, so Harris County’s status as the drunk driving capital of Texas is an exceptionally dishonorable distinction.

  • Pit Bull Attacks Houston Woman

    ahaigh
    14 Jun 2013 | 11:58 am
    Woman Attacked in Her Street by Neighbor’s Dog A Houston woman was attacked by a neighbor’s pit bull while it was roaming the streets of her neighborhood. Victim Jennifer Jenkins had just attempted to inform her neighbors that their dogs were out, to no avail – her neighbors claimed that the dogs had been put away. Moments later, Jenkins found herself being approached by one of the Pit Bulls at alarming speed and was violently attacked in the middle of her street. Attacks from pit bulls are actually more common than people might think, and statistics show that they are on the rise.

  • Texas Companies Receive Awards for Occupational Safety and Health

    jlong
    11 Jun 2013 | 5:05 am
    Recent industrial accidents like the West Texas plant explosion are a constant reminder of just how important occupational safety is. In light of these tragedies, the Texas Department of Insurance, Division of Workers’ Compensation awarded two Texas companies for their outstanding occupational safety and health programs. CFAN and BeautiControl both received the Peer Review Safety Program Award at the Texas Safety Summit.  The Summit, which took place in Austin, is an annual affair that features a variety of speakers, highlighting valuable information on health and safety issues.

  • Pearland Truck Driver Killed in 18 Wheeler vs 18 Wheeler Accident Near Reagan, Texas, Shows Dangers of Roadside Stops

    paul
    4 Jun 2013 | 6:39 am
    Phillip Lynn Henson, of Pearland, Texas (near Houston), was killed on Tuesday, May 29, 2013.  He was hauling a load when he pulled over to the side of the road to check his load.  It is not uncommon for a load to shift or slide after hitting a bump in the road and the only safe thing a Truck driver can do is pull his rig over and make sure it is secure. Otherwise, a loose load can cause a hazard to other drivers and the tractor-trailer as well. As Henson was checking the load on his truck, another 18 wheeler, driven by Jose Moctezuma-Juarez, struck both Henson and his parked 18 wheeler. …

  • Houston Sheriff Dies in a Fatal Car Accident with Repeat Drunk Driver

    jlong
    29 May 2013 | 5:02 am
    Sergeant Dwayne Polk of the Harris County Sheriff’s Department was killed on Sunday May 19, 2013 at approximately 3am while driving home from a second job. Polk was driving a Chevy Silverado when an alleged drunk driver ran a light and t-boned the officer’s truck near the intersection of West Little York and Shepherd. Sgt. Polk died at the scene from serious injuries sustained in the car accident. The alleged drunk driver, Andres Munos, is facing intoxication manslaughter charges. 47-year-old Dwayne Polk was laid to rest May 25, 2013. He was a 16 year veteran of the Harris County…
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    Personal Injury Lawyer News

  • Research Points to Neuroprotective Qualities of Marijuana after Brain Injury

    Robert Reeves
    18 Jun 2013 | 10:47 am
    New research seems to indicate that tetrahydrocannabinol or THC, which happens to be the active ingredient in marijuana may have a protective effect that shields the brain after trauma or injury. New research seems to indicate that tetrahydrocannabinol or THC, which happens to be the active ingredient in marijuana may have a protective effect that shields the brain after trauma or injury.  The research was conducted by scientists at the Tel … Read More

  • Doctors Should Discuss Driving Safety with Seniors

    Robert Reeves
    17 Jun 2013 | 9:32 am
    Ideally, every doctor should approach the topic of driving safety with a senior patient, as soon as the patient reaches the age of 65. This is a major concern for personal injury lawyers. Ideally, every doctor should approach the topic of driving safety with a senior patient, as soon as the patient reaches the age of 65.  However, many doctors avoid these topics either due to lack of time or … Read More

  • Recognize the Signs of a Drowning Accident

    Robert Reeves
    14 Jun 2013 | 10:44 am
    Most people have a misconception that a drowning person will make a huge cry for help, wave his hands about and otherwise attract attention to his situation. Most people have a misconception that a drowning person will make a huge cry for help, wave his hands about and otherwise attract attention to his situation.  In fact, that isn’t what happens during a drowning accident at all.  In many cases involving … Read More

  • Victoria’s Secret Bras Cause Rashes, Scarring, Other Injuries

    Robert Reeves
    13 Jun 2013 | 9:08 am
    A growing trickle of complaints from around California alleges that Victoria’s Secret bras promise more than just a lift. These bras are also linked to dozens of complaints of rashes, scars, skin reactions, and other injuries. A growing trickle of complaints from around California alleges that Victoria’s Secret bras promise more than just a lift.  These bras are also linked to dozens of complaints of rashes, scars, skin reactions, and … Read More

  • Why Listeria Poisoning is so Dangerous

    Robert Reeves
    12 Jun 2013 | 9:56 am
    Listeria poisoning happens to be the third-highest cause of fatalities from food borne illnesses every year in the country. Not many Americans are as familiar with Listeria poisoning as they are with E. coli and salmonella which receive much more attention in the media.  However, Listeria poisoning happens to be the third-highest cause of fatalities from food borne illnesses every year in the country.  One of the reasons why this … Read More
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    Strictly Business

  • The JOBS Act, a Year Later – Part 7: Titles V and VI and Concluding Thoughts

    Alexander J. Davie
    17 Jun 2013 | 11:06 am
    This post is the seventh and final in a series examining the impact of the Jumpstart Our Business Startups Act (or JOBS Act) one year after its passage and focuses on Titles V and VI of the law and provides some final concluding thoughts. Titles V and VI of the JOBS Act are closely related in that they both pertain to when private companies must register their securities under the Securities Exchange Act of 1934. Typically, after a startup has gone through multiple rounds of financing and has provided equity compensation to a large number of employees, it finds itself in a position where the…

  • The JOBS Act, a Year Later – Part 6: Regulation A+

    Alexander J. Davie
    9 Jun 2013 | 3:35 pm
    This post is the sixth in a series examining the impact of the Jumpstart Our Business Startups Act (or JOBS Act) one year after its passage and focuses on the provision instructing the SEC to create a new securities registration exemption commonly known as “Regulation A+.” Previously in this series, I discussed the progress of implementing the JOBS Act, specifically Titles I, II, and III. In this sixth post, I will continue that discussion by focusing on Title IV, which creates a new exemption from the federal securities registration requirement for certain public offerings in an amount…

  • The JOBS Act, a Year Later – Part 5: Crowdfunding

    Alexander J. Davie
    30 May 2013 | 2:19 pm
    This post is the fifth in a series examining the impact of the Jumpstart Our Business Startups Act (or JOBS Act) one year after its passage and focuses on the provisions related to crowdfunding. Previously in this series, I discussed the progress of implementing the JOBS Act, specifically Titles I and II.   In this fifth post, I will continue that discussion by focusing on Title III, which creates a new exemption from the federal securities registration requirement for certain small offerings conducted over the internet, a practice commonly known as “crowdfunding.” Title III creates a…

  • Selling Your Business — Practical Tips for Sellers — Part 11: Indemnification (Part Two)

    Casey W. Riggs
    23 May 2013 | 2:10 pm
    This post was jointly written by Casey W. Riggs and Jennifer Wilson. This is part 11 of our series discussing the sale of a business from the seller’s perspective.  We’ve covered commencement of a potential deal through the closing and are now discussing indemnification.  If you missed the first section of this post, you can find it here. In this post, we’ll jump into some of the specific negotiation points with indemnification provisions, providing tips and explanation at the same time. Tip 1 – Include Deductibles and Caps. It’s customary to limit the maximum amount the seller…

  • The JOBS Act, a Year Later – Part 4: Online Angel Investment Platforms

    Alexander J. Davie
    13 May 2013 | 1:00 pm
    This post is the fourth in a series examining the impact of the Jumpstart Our Business Startups Act (or JOBS Act) one year after its passage and focuses on the provisions related to online angel investment platforms. In the last post of this series, I discussed the progress of implementing the first half of Title II of the JOBS Act, which instructs the SEC to amend Rule 506 to allow for general solicitation in Rule 506 offerings if certain additional conditions are met.   In this fourth post, I will look at the second part of Title II (namely Section 201(c)), which exempts some online angel…
 
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    Arizona Criminal Law & Defense Blog

  • Jury Trial vs. Bench Trial

    David
    19 Jun 2013 | 8:54 am
    This blog post is to clear up the confusion between a Jury Trial and a Bench Trial.  There are significant differences between both trials.  A “Bench Trial” is a trial to the judge.  A misdemeanor “Jury Trial” has six (6) jurors and duration is normally one (1) to three (3) days long; depending on the jurisdiction.  Only eight cases are allowed to be misdemeanor jury trials.  These are DUI, shoplifting, theft, prostitution, solicitation of prostitution, public sexual indecency, reckless driving and indecent exposure.  These are the most serious misdemeanors, also known as crimes…

  • Cocaine Possession, For Sale: The Middle Man

    David
    10 Jun 2013 | 1:46 pm
    In the state of Arizona, possession of drugs for sale and/or transportation for sale, are very serious charges.  The following is a common scenario in college environments: 21 year old Tim is a senior at a large Mid West university who is majoring in business and is in a fraternity.  One Friday night he and nine of his fraternity buddies know of a party going on that they want to attend.  One of Tim’s friends suggests that they all buy one gram of cocaine each to take during the night.  Tim knows a guy who sells cocaine but doesn’t feel comfortable being the middle man.  His friends…

  • Synthetic Drug Laws in Arizona

    nathan
    6 Jun 2013 | 5:07 pm
    Guest Post by Lauren Williams, Legal Blogger for King Law Offices, Greenville, SC Up until April 2013, the synthetic drug commonly known as “K2″, “Spice” or “bath salts” were legal in Arizona. While these drugs were labeled “not for human consumption”, they were marketed as a legal alternative to marijuana. An Arizona Criminal Justice Commission study found nearly 7% of 8th Graders, over 11% of 10th-graders and nearly 14% of 12th-graders had tried such synthetic drugs last year. In April, House Bill 2327 was signed into law. This bill bans…

  • Memorial Day Weekend DUI Task Force 2013 Results

    nathan
    29 May 2013 | 4:52 pm
    The State of Arizona in conjunction with local law enforcement and the Game and Fish Department arrested over 500 people Memorial Day Weekend 2013 for suspicion of Driving or Operating under the influence (DUI). The Governor’s Office for Highway Safety released the figures of the recent DUI task force. The drivers arrested had an average blood alcohol content (BAC) of .153 which makes this year, the highest BAC since 2009. The legal limit in Arizona is .08 BAC. The limit for an Extreme DUI in Arizona is .15 BAC. The Governor’s office noted that there was an increase in underage…

  • Jodi Arias Jury Hung in Death Penalty Sentencing

    David
    23 May 2013 | 4:58 pm
    The jury in the Jodi Arias trial has ended in a hung decision regarding whether or not to sentence her to the death penalty. Unless the Maricopa Attorney’s office decides to take the death penalty option off the table the case will be headed to a new jury. The problem faced now is in trying to find an impartial juror left after the high profile status of the case in national media. The post Jodi Arias Jury Hung in Death Penalty Sentencing appeared first on Arizona Criminal Law & Defense Blog. For a Free Consultation about your case call 602-307-0808 24/7 orClick Here for our Free…
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    Oklahoma Personal Injury Blog

  • How Can You Protect Your Loved One from Nursing Home Abuse?

    Maples Law Firm
    19 Jun 2013 | 7:38 am
    Nursing home abuse is a serious problem that may exist even in the nicest-looking, swankiest facilities in Oklahoma. This makes nursing home abuse or neglect challenging to detect and prevent. There are steps, however, that family members can take to reduce the chances of their loved ones suffering from negligence or abuse at an Oklahoma nursing home. One of the most common causes of abuse and neglect in nursing homes is understaffing. There is a smaller chance of abuse or neglect at a facility that has a greater number of qualified workers and where staff turnover is not high. When choosing…

  • Medical Transportation Company Under Scrutiny after Oklahoma Helicopter Crash

    Maples Law Firm
    17 Jun 2013 | 1:37 pm
    A patient was killed in a recent helicopter accident in southeastern Oklahoma en route to a Tulsa medical facility. According to The Associated Press, the helicopter accident occurred near the Choctaw National Health Care Center. Officials have not stated if the patient died because of injuries sustained in the crash or from a previous medical condition. The helicopter’s flight nurse was transported to a Tulsa hospital in stable condition. The pilot and a medic suffered minor injuries, and it is unclear if any other helicopter occupants were injured. The accident is the third deadly…

  • Preventing Boating Accidents in Oklahoma This Summer

    Maples Law Firm
    14 Jun 2013 | 6:34 am
    In addition to the natural Oxbow and Playa lakes, Oklahoma has more than 200 man-made lakes. There are more lakes created by dams in Oklahoma than in any other state in the United States, and many of them are great for boating. If you are going out on a boat this summer, it is important that you exercise caution. Boating can be dangerous, and collisions often result in devastating injuries. Here are a few ways in which you can reduce your chances of being involved in an Oklahoma boating accident: Be prepared: Before getting out on the water, make sure you have enough life jackets for all of…

  • What You Should Know about Your Nursing Home Arbitration Agreement

    Maples Law Firm
    12 Jun 2013 | 7:38 am
    Admitting a loved one into an Oklahoma nursing home can be challenging and stressful. During the application process, there are many documents that are difficult to understand and requirements that are challenging to meet. One of the many legal documents you may be asked to sign is a nursing home arbitration agreement. It is important that you review this agreement and learn about what it means before signing it. A mandatory arbitration agreement is an easily overlooked legal document that is sometimes included in a package of admissions documents. Failing to read whatever you are signing can…

  • Passenger Killed in Oklahoma Motorcycle Crash

    Maples Law Firm
    10 Jun 2013 | 4:27 pm
    A 39-year-old woman was killed when the motorcycle on which she was a passenger crashed into a guardrail. According to a NewsOn6 report, the fatal motorcycle accident occurred on Avery Drive west of Chandler Park in Tulsa County. Officials say the 42-year-old man who was driving the motorcycle was traveling at a high rate of speed when he failed to negotiate a turn. The motorcycle left the roadway and struck the guardrail. The female passenger was pronounced dead at the scene, and the motorcyclist sustained injuries. It is not clear if the motorcyclist will be cited for the crash. Speed is a…
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    Just Another Injury Lawyer in Houston Texas

  • Rick Perry Vetos Texas Version of Lilly Ledbetter Law – Another Blow To Women’s Rights

    Paul
    15 Jun 2013 | 6:02 am
    Lilly Ledbetter fought to gain the right to sue for wage discrimination based upon gender.   Her case went to the United States Supreme Court. In the case of Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007), the U.S. Supreme Court held that the statute of limitations for bringing an equal-pay lawsuit begins to run on the date that the employer sets the discriminatory wage rate, not at the date of the most recent paycheck. Because read more

  • Truck-Train Crash in Dallas Caught on Video Raises Questions

    Paul
    7 Jun 2013 | 6:01 am
    There was a freak truck vs Dart train crash that happened in Dallas on May 30, 2013.  A vehicle approaching one one side of the crossing either was blocking the arms path or struck one as they dropped, so they went back up on both sides.  An approaching vehicle from the other side came out of some trees in what appears to be a blind crossing point for the tracks.  The vehicle proceeded across and was struck by the train. If you have not seen read more

  • What Is My Case Worth?

    Paul
    19 May 2013 | 3:54 pm
    Time-and-time again, people come to me and ask the question: "What is my case worth?"   They throw out a handful of facts, usually all of the positive facts about their case, and then pop the big value question. The problem with this, is that there is no rule or guideline for what a jury can or will do with your case. No lawyer can predict a cases value with any accuracy because the variables that determine this change as a case moves toward read more

  • Heavy Rains In Houston For Mother’s Day Weekend Causes 18 Wheeler Accident

    Paul
    11 May 2013 | 5:48 am
    May 10, 2013, Houston, Texas.  - As predicted, heavy rains rolled in Friday morning, causing major visibility problems and hazardous road conditions for Houston-area drivers.  Visibility along major roadways such as I-10 was reduced to almost zero at times by the heavy down pour and winds.  To the left is a view of I-10 coming into Houston Friday morning. As a result of the bad weather and excessive driving speeds, one 18 wheeler driver lost read more

  • Should Houston City Council Pass A Bicycle “Safe-Passing” Ordinance?

    Paul
    6 May 2013 | 7:01 pm
    The Houston city council is considering whether to pass a "safe-passing" law which is raising some eyebrows as to whether or not Houston has gone too far in their catering to bicyclists.  The new law would require motorists to take a number of precautions around what the law refers to as "vulnerable road users."  While many major cities have safe-passing laws of their own, the one under the microscope in Houston is much broader. "Vulnerable road read more
 
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    Baron & Budd, P.C. | Protecting What's Right

  • Mesothelioma Lawyer John Langdoc Recognized in 2013 Legal 500

    Baron & Budd
    7 Jun 2013 | 12:15 pm
    John Langdoc Recognized for Achieving $48 Million Verdict for Mesothelioma Patient, Largest Mesothelioma Verdict of 2012 DALLAS –(June 6, 2013) –John Langdoc, mesothelioma lawyer at Baron and Budd, was recognized in the 2013 edition of the Legal 500, a prestigious list of top law firms in the country, for achieving a $48 million verdict on behalf of California mesothelioma patient Bobbie Izell and his wife. This verdict was the largest mesothelioma verdict in the nation in 2012. It was also selected as one of the Top 100 Verdicts in the nation by legal publication The National Law…

  • Baron and Budd Attorneys Selected to 2013 Legal 500

    Baron & Budd
    6 Jun 2013 | 4:41 pm
    Law Firm Selected Once Again to Prestigious List of Top Law Firms in the Nation  DALLAS —(June 6, 2013) —Once again, the national law firm of Baron and Budd has been selected to the prestigious Legal 500, a list of the top law firms in the world. Baron and Budd was one of only two law firms in the U.S. selected as a top tier law firm in the area of mass torts and class action litigation on behalf of plaintiffs. The firm has repeatedly been selected by the Legal 500 as one of the top two toxic tort firms in the country since 2008. “I am proud of the hard…

  • Baron & Budd, P.C. Attorneys Nominated for Public Justice’s Trial Lawyer of the Year Award

    Baron & Budd
    4 Jun 2013 | 9:59 am
    DALLAS – (June 4,, 2013) – For the fourth time in the past six years, Public Justice, a legal non-profit organization, has chosen Baron & Budd attorneys as finalists for its prestigious Trial Lawyer of the Year Award. Scott Summy, Carla Burke, Cary McDougal, and Mitchell McCrea have been nominated for their representation of public water providers and governmental subdivisions whose drinking water became contaminated with atrazine, an agricultural chemical used heavily in the United States. Fourth time in six years that Baron & Budd has been recognized by Public Justice After…

  • Baron and Budd and the Supreme Court Youth Organization Proudly Present NBA Athlete Chris Herren in “Elevate Above the Influences”

    Baron & Budd
    30 May 2013 | 3:15 pm
    DALLAS – (May 30, 2013) –The national plaintiff’s law firm of Baron and Budd and the Supreme Court Youth Organization are excited to announce that Chris Herren, former NBA player and inspirational speaker, will kick off the 2013 Hype Sports and Next Level Ballers Summer Jam. Herren will give his powerful presentation, “Elevate Above the Influences,” where he recalls his battle with substance abuse and how he overcame his addiction to achieve his dreams. “We are thrilled to host Chris Herren at this year’s Summer Jam Tournament,” said Scott Summy, Baron…

  • Baron and Budd Now Handling Granuflo Recall Lawsuits

    Baron & Budd
    2 May 2013 | 7:51 am
    Alert: Granuflo Has Been Link to Serious Health Issues, Including Heart Attack, Stroke and Cardiopulmonary Arrest DALLAS –(May 2, 2013) –Baron and Budd, a nationally recognized plaintiffs’ law firm, is now handling lawsuits related to the Granuflo recall. Granuflo is the brand name of a dialysate used in dialysis, a long-term medical treatment used to treat kidney conditions, and has been linked to various health issues, such as heart attack and stroke. Baron and Budd Granuflo lawyers are currently working to assist patients and families that have suffered significant health issues…
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    Protecting What's Right

  • Healing Matters Vol. I: I Just Found Out I Have Cancer. Now What?

    Baron & Budd
    19 Jun 2013 | 9:08 am
    This is the first installment of a blog series intended to address the complexities of mesothelioma care. When the word, “cancer,” comes out of your doctor’s mouth, chances are you won’t hear much of anything else he or she says after. You knew it was a possibility. The coughing and chest pains weren’t a good sign. But now your doctor is talking about some disease called mesothelioma and everything is a blur.  Immediately, your mind is flooded with a million thoughts and one big, looming question. “What do I do now?” No matter how many friends you…

  • ADAO Presents Alan Reinstein Award to Rushville, Indiana’s Very Own Wonder Woman

    Baron & Budd
    18 Jun 2013 | 1:36 pm
    A super hero is a character who possesses extraordinary abilities and is dedicated to protecting the public at all costs. These characters are typically confined to the pages of comic books or our television screens, but every so often a real person exhibits such qualities that deserve to be called “super.” Janelle Bedel cannot scale tall buildings nor does she carry a golden lasso, but this wonder woman has displayed the kind of strength and conviction that heroes are made of. Today, Linda Reinstein from the Asbestos Disease Awareness Organization (ADAO) honors Janelle Bedel with…

  • In Memoriam: Baron and Budd Pays Tribute to the Dynamic Debbie Brewer

    Baron & Budd
    12 Jun 2013 | 8:03 am
    It isn’t often that you meet someone who can walk into a room, capture your attention and hold onto it long after you part ways. You aren’t sure what it is — their humor, their smile or simply their zest for life — but whatever it is, it left a lasting impression that you will remember forever. Debbie Brewer was one of these precious few, and the people of Baron and Budd will surely never forget this courageous woman and all that she did for the mesothelioma community. Baron and Budd mourn the loss of a celebrated asbestos activist, mother of three and all around…

  • Asbestos Exposure: Is Yesterday’s News Still a Threat Today?

    Baron & Budd
    11 Jun 2013 | 9:03 am
    These days, the dangers of asbestos can seem like a thing of the past – something that will soon be found in museums and history books as one of the great corporate blunders of the 20th Century. There was a time when you were bombarded by television commercials and news stories about the dangers of asbestos exposure. Even if you weren’t sure of exactly what the dangers of asbestos exposure were, you knew it was bad and you wanted to stay as far from it as possible. Now, the topic rarely comes up, but that doesn’t mean the dangers of asbestos have disappeared. Even today, people…

  • Industry Lies Volume VI: Frivolous Lawsuits are to Blame for Your Rising Insurance Costs

    Baron & Budd
    10 Jun 2013 | 9:08 am
    This blog is the fourth installment in the “Industry Lies” series intended to dispel the myths of tort law. You’ve got to hand it to the insurance companies.It is one of the few industries that can successfully come across as a victim of skyrocketing lawsuits while quietly making more money than they know what to do with. These companies have put massive amounts of dollars behind marketing campaigns that focus the blame for rising insurance coverage premiums on the frivolous lawsuits that supposedly flood the justice system. In many states, these campaigns have been…
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    California Lemon Law Blog

  • Dangerous Awnings Behind Recall of 9,526 Forest River RVs

    Howard Silver
    29 May 2013 | 12:31 pm
    The National Highway Traffic Safety Administration (NHTSA) and Forest River Recreational Vehicles have recalled 9,526 vehicles from the model year 2013 – 2014 due to a design defect in the power awning motor assembly that can cause the motor assembly screws to shear. The shearing of the screws may occur without the knowledge of vehicle occupants. When this happens, the awning could unexpectedly unfurl while the vehicle is stopped or moving, which can cause injuries or a crash. Forest River will be replacing the motors with a motor of a different design, although the start of the recall…

  • Lemon Law Protection for Kentucky Residents

    Howard Silver
    23 May 2013 | 8:35 am
    For those living in Kentucky, dealing with a defective motor vehicle can affect all aspects of daily life. To deal with these problems, the state has its own lemon law found in Kentucky Revised Statutes 367.841 to 367.844. While these laws provide protection for consumers similar to other states, there are unique features that consumers need to understand. To use the Kentucky lemon law, vehicles must be covered by a manufacturer’s express limited warranty, have a maximum of 12,000 miles on the odometer and be less than 1 year old (12 months from the time the buyer first took possession of…

  • Power Train Failure Affects Nearly 300,000 Chrysler Vehicles in Recall

    Howard Silver
    21 May 2013 | 2:37 pm
    Chrysler Group LLC has recalled multiple vehicles produced over several years due to a problem with power trains and electrical systems. According to The Los Angeles Times, a total of 295,345 cars are being recalled across the United States after multiple accidents and injuries 2005 through 2010 Jeep Grand Cherokees and 2006 through 2010 Jeep Commanders are included in the recall caused by an electrical failure in the vehicles’ transfer cases that can cause the vehicles to shift into neutral. When this happens, a car could roll away after being parked or a driver could lose control while on…

  • Japanese Government Issues Warning to Mitsubishi for Delayed Recalls

    Howard Silver
    29 Apr 2013 | 8:21 am
    The Transportation Ministry of Japan recently warned Mitsubishi Motor Corp. that it must recall vehicles faster than in the past. As reported by The Chicago Tribune, Japanese government officials found multiple instances of delayed investigations and recalls concerning vehicle problems. The Transportation Ministry concluded an investigation that found Mitsubishi delaying finding  the cause of an oil leak problem for two years. The defect eventually led to four recalls from 2010 through 2012,  affecting 1.76 million vehicles. Additionally, the ministry reported instances of not responding…

  • Chrysler Issues 6 Separate Recalls, Affecting 263,000 Vehicles Worldwide

    Howard Silver
    24 Apr 2013 | 8:00 am
    The Law Offices of Howard D. Silver recently learned that Chrysler Group LLC is recalling more than 263,000 vehicles world wide. The largest recall affects approximately 139,000 vehicles due to improper warning light illumination caused by defective seat-side wiring harness terminals. Also, during a crash, airbags may not deploy properly. 2011 and 2012 Chrysler 300 and Dodge Chargers are affected.119,497 cars are in the U.S., 7,000 are in Canada and 880 in Mexico. 11,000 are outside of North America. The second recall is caused by a loose heat shield that could drop down, come in contact with…
 
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    Hardwick & Pendergast - Seattle Personal Injury and Car Accident Attorneys

  • Hands-Free Texting is Still Unsafe for Seattle Drivers, Study Shows

    Hardwick & Pendergast, P.S.
    18 Jun 2013 | 10:55 am
    Seattle car accident attorneys have been warning Washington motorists about the dangers of distracted driving. In an effort to combat texting while driving, many auto manufacturers are advertising voice commands technology as a safe way to send text messages and emails while driving. A new study by AAA, however, shows that using voice commands to send texts is actually more dangerous and distracting than simply talking on a cell phone. Many new vehicles are being built with dashboard infotainment systems that have voice command capabilities. Auto manufacturers are even reaching out to younger…

  • Pedestrian Struck by Bus in Seattle

    Hardwick & Pendergast, P.S.
    14 Jun 2013 | 9:41 am
    A 43-year-old man was injured in Seattle after a Metro bus struck him. According to a KIRO-TV news report, the bus accident occurred in the 200 block of Pike Street in downtown Seattle. The area near Third Avenue and Pike Street is a common location for accidents because of the amount of pedestrian traffic, the report states. The victim was transported to a nearby medical center with non-life-threatening injuries. It is unclear what caused the crash, but accident investigators were called to the scene. Even bus drivers with impeccable driving records can become involved in an injury accident.

  • Motorcyclist Injured in I-405 Accident

    Hardwick & Pendergast, P.S.
    12 Jun 2013 | 9:37 am
    A 24-year-old motorcyclist was injured in a Seattle motorcycle accident that resulted in him being trapped underneath a car. According to a news report in The Renton Reporter, the motorcycle accident occurred just south of the Sunset Boulevard Northeast overpass on northbound I-405 during the afternoon. Officials say he was attempting to change lanes on his motorcycle when he collided with an Audi station wagon. He was then struck by a Chevrolet Impala and trapped underneath. The Renton man was transported to a Seattle medical center in serious condition. The investigation into the cause of…

  • Crashes Caused by Running a Red Light

    Hardwick & Pendergast, P.S.
    11 Jun 2013 | 3:35 pm
    Many of the most devastating Washington car accidents occur at street intersections. Drivers who run red lights are often responsible for fatal or serious injury accidents that could have easily been prevented. According to the 2011 Washington State Collision Data Summary, there were six fatal collisions, 50 serious injury collisions, and 1,375 minor injury collisions resulting from drivers disregarding stop and go lights. Under Washington State Statute 46.61.050, “The driver of any vehicle, every bicyclist, and every pedestrian shall obey the instructions of any official traffic…

  • Trooper Killed in Conway Crash

    Hardwick & Pendergast, P.S.
    10 Jun 2013 | 8:32 am
    A week after the Skagit Bridge collapse, a 38-year-old Washington State Patrol trooper was killed when a box truck struck his motorcycle along the I-5 detour route at Fir Island Road and Greenfield Road in Conway. According to King 5 News, officials say the trooper was on his motorcycle a few miles south of the bridge when the box truck struck him. He was transported to a nearby hospital where he was later pronounced dead. Collisions involving motorcyclists often result in devastating or fatal injuries. According to the Fatality Analysis Reporting System, there were 69 motorcycle fatalities…
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    Florida Workers Compensation Attorneys

  • NIOSH Announces New Center For Workers’ Compensation Studies

    Farah & Farah
    19 Jun 2013 | 11:29 am
    The National Institute for Occupational Safety and Health (NIOSH) has announced that a Center for Workers’ Compensation Studies is being created within the NIOSH Division of Surveillance, Hazard Evaluations and Field Studies. The newly created center will organize workers’ compensation analyses by NIOSH researchers over a wide range of industries. According to NIOSH, while many commercial insurers, industry organizations and state-based insurers have been doing workers’ compensation research, that information is not generally widely disseminated. The federal agency indicated that data…

  • OSHA Cites Health-Management Company over Case Worker’s Death

    Farah & Farah
    12 Jun 2013 | 8:45 am
    The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited a Florida health-management company over the tragic death of a case worker who was stabbed to death while visiting a client’s home. The workplace wrongful death attorneys at Farah & Farah in Lakeland reported in December 2012 that the victim, a 25-year-old Lakeland woman, had been a health coordinator for Integra Health Management. Her job was to visit clients’ homes to assure that they understood health benefits they were eligible to receive. She had been visiting the home of a client who…

  • Taking Precautions: Workers At Risk Of Heat-Related Illness During Summer

    Farah & Farah
    3 Jun 2013 | 12:24 pm
    Summer is upon and so is the Occupational Safety and Health Administration’s (OSHA) nationwide Heat Illness Prevention Campaign that aims to raise awareness of the dangers of working in hot weather. OSHA started the campaign in 2011 and claims it has reached more than 7 million people concerning the dangers of working in excessive heat. The work injury attorneys at Farah & Farah in Gainesville learned a sobering fact about the impact of excessive heat in the United States. According to the National Oceanic and Atmospheric Administration (NOAA), heat is the number-one weather-related…

  • Palm Beach County Construction Worker Injured in Accident

    Farah & Farah
    28 May 2013 | 11:38 am
    A construction worker was flown to St. Mary’s Medical Center in West Palm Beach after he was injured while working in a trench 20 feet below the ground in Palm Beach County. According to a Palm Beach County Fire Rescue spokesman, emergency crews were called to the scene after a piece of construction equipment shifted and pinned the construction worker between the shoring and the machine. The construction crew had been digging a pipeline parallel to Beeline Highway when the workplace accident occurred. There is no word on the condition of the man who was injured in the workplace accident,…

  • Investigation Into St. Petersburg Elevator Shaft Death Ongoing

    Farah & Farah
    20 May 2013 | 11:57 am
    Authorities say that it could take months to fully investigate why an elevator fell on a environmental cleanup worker as he worked in the bottom of an elevator shaft at the TradeWinds Island Resorts. The employee of SWS was crushed and killed by the 3,500-pound elevator car after it inexplicably plunged to the ground. The 45-year-old Tampa man was vacuuming water out of the bottom of the elevator shaft and had been working some 40 minutes when the tragedy occurred. He had been with a co-worker, but that person was not in the shaft when the workplace accident occurred. By law, any person…
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    Florida Truck Accident Lawyers

  • Box Truck Involved In Fatal Accident on Highway 98

    Farah & Farah
    17 Jun 2013 | 8:16 am
    The Florida Highway Patrol (FHP) reports that six people were injured and two people were killed in a chain reaction accident that started when a 28-foot box truck slammed into the back of a Honda Element on U.S. Highway 98 in Mary Esther. FHP said that the two fatality victims, a 66-year-old man and his 63-year-old wife, were inside the Honda Element that was struck by the truck. Troopers say that the impact from the rear-end collision near the Hurlbutt Field Air Force base entrance gate sent the couple’s Honda crashing into a pickup truck, which in turn struck another vehicle. That…

  • Armored Truck Crash Injures Two, Kills Horse in Flagler County

    Farah & Farah
    10 Jun 2013 | 10:47 am
    The Florida Highway Patrol (FHP) is still trying to determine what went wrong when an armored truck slammed into a pickup truck towing a horse trailer — an accident that killed the horse in the trailer and left two people with serious, but non-life-threatening injuries. FHP reports that the armored truck was traveling west toward Palatka on State Road 100 when the driver braked hard on a rain-slicked road to avoid hitting a vehicle that had stopped to make a left hand turn just ahead of him. The driver lost control of the truck and it spun and struck a pickup truck towing a horse trailer…

  • Crash With Semi on SR82 Leaves One Person In Critical Condition

    Farah & Farah
    3 Jun 2013 | 11:53 am
    The Florida Highway Patrol (FHP) is still investigating a crash involving a semi-truck and a minivan on State Road 82 that left the driver of the minivan in critical condition. The minvan’s driver, a 50-year-old Lee County woman, was heading west on SR82 and the semi-truck was directly behind her. FHP reports that as she approached Griffin Drive, she attempted to make a U-turn. The truck accident attorneys at Farah & Farah in Palatka do not know whether the 37-year-old truck driver was following the woman too closely before the crash, but what is certain is that he braked and took…

  • Orange Park Man Killed After Semi Rear-Ends Car in Construction Zone

    Farah & Farah
    31 May 2013 | 5:00 am
    The wrongful death truck accident attorneys at Farah & Farah in Orange Park have warned before that all motorists should be cautious in and around road construction zones. Unfortunately, we have found out that a man recently lost his life in Bradford County after a semi slammed into the back of his vehicle in a construction zone on State Road 230. The Florida Highway Patrol (FHP) reports a construction flagman had stopped three vehicles in a construction zone just before the tragedy unfolded. According to The Florida Times-Union, a truck driver failed to see that the vehicles were stopped…

  • Jacksonville Dump Truck Driver Dies in I-295 Accident

    Farah & Farah
    29 May 2013 | 3:09 pm
    The Florida Highway Patrol (FHP) has reported that a 68-year-old Jacksonville man was killed after an auto transporter trailer clipped the dump truck he was driving and caused him to lose control of his vehicle. The dump truck had been traveling south on Interstate 295 when the auto transporter began merging left to get on the I-95 entrance ramp. According to FHP, the left rear of the auto transporter’s trailer struck the front of the dump truck. The dump truck driver lost control of his vehicle, veered left and collided with a guardrail. The impact caused the dump truck to overturn.
 
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    Florida Motorcycle Accident Lawyers

  • New Smyrna Beach Motorcyclist Hits Railroad Crossing Arm, Dies

    Farah & Farah
    19 Jun 2013 | 10:58 am
    Police are still investigating why a 65-year-old motorcyclist crashed into a lowered railroad crossing arm in Port Orange. The motorcyclist, who was not wearing a helmet, died. The motorcycle accident attorneys at Farah & Farah in St. Augustine would have several questions about a crash like this. Was the crossing arm plainly visible? Was there an audible alarm at the railroad crossing that could have given the motorcyclist an auditory cue that the arm was down? Were there flashing lights on the arm? The crash occurred on Nova Road in Port Orange. According to Port Orange police, the…

  • Motorcycle Passenger Seriously Injured in North Naples

    Farah & Farah
    12 Jun 2013 | 8:34 am
    A 35-year-old woman is in critical condition after the motorcycle she was a passenger on crashed to avoid a collision with a Jeep Wrangler in North Naples. The Florida Highway Patrol (FHP) reports that the 37-year-old driver of the Jeep was backing the vehicle out of Naples Park driveway and had begun traveling east on 105th Avenue North when the crash occurred. The 25-year-old motorcyclist reportedly laid the Fireblade Sport motorcycle down in order to avoid crashing into the Jeep. Both he and his passenger were ejected from the bike. The motorcyclist suffered only minor injuries, while his…

  • Daytona Beach Man Dies When Van Rear-Ends Trike Motorcycle

    Farah & Farah
    4 Jun 2013 | 5:18 pm
    The Florida Highway Patrol (FHP) is still investigating why a van rear-ended a three-wheeled motorcycle on U.S. Highway 92 near Red John Drive. The impact of the collision ejected the 71-year-old motorcyclist from his vehicle and he died as a result. FHP troopers do not know why the collision happened or even what lane the motorcycle was in when the rear-end collision occurred. There is speculation that the motorcyclist may have been in the emergency lane just before the collision. So far, FHP can only report that the accident happened “for an unknown reason.” According to FHP, the man…

  • Two People Critically Hurt in Scooter Accident in Key West

    Farah & Farah
    29 May 2013 | 12:23 pm
    Two people were critically injured when an alleged drunk driver plowed into the back of their scooter on Flagler Avenue and South Roosevelt Boulevard in Key West. Keysnews.com reports that a 28-year-old man was driving the scooter and a 31-year-old woman was his passenger when it was rear-ended by a car driven by a 24-year-old Key West woman. The impact knocked both the victims off of the scooter and caused the scooter to crash into a third vehicle that was at the scene. The scooter driver and passenger were flown to Ryder Trauma Center in Miami and were listed in critical condition. The…

  • Estero Motorcyclist Killed, Dragged Under SUV For Three Miles

    Farah & Farah
    20 May 2013 | 11:46 am
    The driver of an SUV is facing a DUI manslaughter charge in connection with a grisly accident that claimed the life of a 54-year-old Estero motorcyclist. According to the Florida Highway, a 54-year-old woman was traveling north on US 41 and made a u-turn at Constitution Boulevard. She failed to see an oncoming Harley Davidson that was traveling south on US 41 and hit the bike. FHP reports that the woman did not stop after striking the motorcycle and dragged the motorcyclist and his motorcycle for some three miles before a deputy, who noticed sparks coming out from beneath her car, made a…
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    Florida Products Liability Attorneys

  • Government Asks Chrysler To Recall Jeeps, Automaker Says No

    Farah & Farah
    10 Jun 2013 | 11:29 am
    In what has been described as a rare move by an automaker, Chrysler has refused a National Highway Traffic Safety Administration (NHTSA) request that the company recall some 2.7 million Jeeps. In 2010, NHTSA received a request from an automobile safety advocacy group to look into reports that Jeep fuel tanks were failing when hit in a rear-end collision. The crashes  could allegedly result in fuel leaks that could lead to fires. The federal agency found that the location of the fuel tank behind the rear axle and the location height was a design defect. In a letter to the automaker, NHTSA…

  • Over 445,000 Teavana Glass Tumblers Recalled

    Farah & Farah
    5 Jun 2013 | 8:30 am
    The Consumer Product Safety Commission (CPSC) reports that Teavana Corporation of Atlanta has voluntarily recalled its Teavana Glass Tea Tumblers because they can unexpectedly shatter, posing laceration and burn hazards. The product liability attorneys at Farah & Farah in Jacksonville have learned that the recall affects some 445,000 tumblers in the United States and 24,859 tumblers sold in Canada. The tumblers are double-walled beverage glasses and the recall involves several different models. While most of the models include removable stainless steel tea infuser baskets and removable…

  • Clay County Child Dies While Playing In Massage Chair

    Farah & Farah
    28 May 2013 | 10:38 am
    Details are still sketchy, but the product liability attorneys at Farah & Farah in Jacksonville have learned that a 4-year-old Clay County child died after his head got caught in a massage chair. The Clay County Sheriff’s Office reports that the boy was with his mother who was visiting a friend when the tragedy occurred. The Sheriff’s Office said that the boy’s mother had gone into the kitchen of her friend’s house and had left the boy in the living room, where the chair was located. According to investigators, while the mother and her friend were having a conversation in the…

  • Eyelash Extensions Can Pose Health Risks

    Farah & Farah
    22 May 2013 | 10:25 am
    While the search for ways to enhance beauty never seems to go out of style, a new trend in creating thicker-looking eyelashes has ophthalmologists worried and many women wondering whether the price for the quest for beauty is too high. More and more women are experiencing infections, allergic reactions and permanent eyelash loss due to eyelash extension procedures. Eyelash extensions — where synthetic fibers are glued to existing natural eyelashes — have been all the rage among pop stars and actresses, but are now becoming more prevalent in the mainstream. However, many women are…

  • William Sonoma Agrees to $987,500 Fine Levied By Federal Consumer Watchdog

    Farah & Farah
    13 May 2013 | 10:54 am
    The U.S. Consumer Product Safety Commission (CPSC) has announced that Williams-Sonoma Inc. has agreed to pay a $987,500 penalty for allegedly not immediately reporting, as per federal law, a defect involving Pottery Barn wooden hammock stands. The CPSC alleges that Williams-Sonoma had received 45 reports the stands failed due to wood deterioration problems that caused the beams supporting the hammock to break. Due to the hidden nature of the defect, it was reported that consumers were not aware that anything was wrong with the product until they sat in the hammock and it failed The alleged…
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    Florida Auto Accident Attorney Blog

  • Driver Who Allegedly Hit and Killed Popular New Smyrna Beach Waitress Faces Judge

    Farah & Farah
    17 Jun 2013 | 8:59 am
    A man, who has been accused of a DUI hit-and-run death of a popular New Smyrna Beach waitress, is now being held in Volusia County Jail after a judge refused to issue him bond. The 33-year-old waitress was walking along on South Atlantic Avenue near Bottle Island Road at about 2:50 a.m. when she was struck by a truck allegedly driven by the suspect. The man immediately fled the scene of the accident. Volusia County deputies tracked the truck down a short distance away. The man had parked the truck in the driveway of his mother’s house. Questioning of the suspect led deputies to arrest him…

  • West Palm Family Sues Driver Charged With DUI Manslaughter

    Farah & Farah
    10 Jun 2013 | 12:06 pm
    According to the Palm Beach Post, the family of a West Palm Beach woman who was killed in an accident in February has filed a lawsuit against the 29-year-old man who has been accused of causing the accident. The Wellington man was charged with DUI manslaughter in connection with the crash after law enforcement found that he had a blood alcohol level of .24 — three times the legal blood alcohol limit for driving a vehicle. The crash occurred on Feb. 23 at the intersection of Okeechobee Boulevard and North Jog Road. The victim was driving a Ford Mustang going north on Jog Road and the accused…

  • Walton County Deputy Runs Over Sleeping Beach Patron

    Farah & Farah
    3 Jun 2013 | 12:36 pm
    A Walton County Sherriff’s deputy who was patrolling Miramar Beach ran over a 21-year-old woman as she slept on the beach. The Florida Highway Patrol (FHP) reports that the 30-year-old deputy had stopped and issued citations to under-aged drinkers just before the accident occurred. As he was leaving the scene in his truck, he turned right to make a U-turn and “felt a slight bump” as he ran over the woman’s right shoulder. Reportedly, he never saw the woman and only realized he had run over somebody when he heard the woman curse. The deputy claims that nobody warned him to stop or…

  • Cell Phone-Related Crash Deaths May Be Nearly Double What Has Been Reported

    Farah & Farah
    28 May 2013 | 10:28 am
    The National Safety Council (NSC) claims that due to a database recording glitch, the federal government may be seriously under-reporting the number of actual fatal cell phone-related traffic accidents in the United States. The NSC study looked at 2011 crash data that had been collected by the National Highway Traffic Safety Administration (NHTSA) and found that the way the federal agency identified fatal accidents and entered them into its database was flawed. The NSC claims that NHTSA may have under-reported cell phone-related fatal accidents by 48 percent. The NSC said that it found a…

  • Florida Law Enforcement Gears Up For ‘Click It Or Ticket’ Campaign For Memorial Day Weekend

    Farah & Farah
    22 May 2013 | 10:34 am
    The Florida Highway Patrol (FHP) and other law enforcement agencies throughout Florida are cracking down on drivers and passengers who are not buckled up as part of the nationwide “Click It Or Ticket” campaign. The “Click It Or Ticket” campaign will be enforced by a larger presence of FHP personnel slated to patrol Florida’s roads and highways this long Memorial Day weekend. Troopers normally assigned to administrative duties, as well as FHP Auxiliary and Reserve troopers will hit the roads, not only to deter traffic violations, but also to assist motorists who have broken down…
 
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    Farah and Farah Legal Blog

  • Investigation Concludes That Distracted FHP Trooper Caused Fatal Crash

    Farah & Farah
    19 Jun 2013 | 5:02 am
    A 68-page report released by the Florida Highway Patrol (FHP) indicates that a FHP trooper is to blame for a February crash that seriously injured a woman and claimed the life of her unborn child. The report claims that the trooper had been using his in-car laptop just minutes before he rear-ended the vehicle the woman was a passenger in. The report indicated that there would be no criminal charges pressed against the trooper, although he has been cited for careless driving. Personal injury attorney Chuck Farah has learned that while there are FHP restrictions concerning the use of cell…

  • Two-Boat Accident Sends Nine To The Hospital

    Farah & Farah
    17 Jun 2013 | 5:47 am
    A two-boat accident in the waters off Biscayne National Park sent nine people to the hospital with injuries varying from minor to serious. A spokesman for the Florida Fish and Wildlife Conservation Commission (FWC) described the crash as “a violent collision.” He went on to state that it was fortunate that nobody was killed in the Florida boat accident. FWC reports that the collision occurred in the waters west of Elliot Key and involved a 36-foot Carrera with 16 passengers on board and a 38-foor Wellcraft with just two people on board. The U.S. Coast Guard was called to the scene in the…

  • Two Women Killed At Orlando Bus Stop: Questions Remain

    Farah & Farah
    14 Jun 2013 | 5:14 am
    Controversy has erupted in connection with a tragic accident that took the lives of two women as they waited for a bus at a Lynx bus stop in Orlando. The driver of a Hyundai SUV allegedly lost control of her vehicle on Silver Star Road and veered onto the sidewalk. The vehicle struck a bus stop, partially destroyed the bus shelter and took out the bench where the women were sitting. One of the victims died at the scene. The other later died from her injuries at Orlando Regional Medical Center. Now, the wrongful death attorneys at Farah & Farah in Lakeland have learned that the city of…

  • Florida Governor Signs Two Lawsuit-Limiting Bills Into Law

    Farah & Farah
    12 Jun 2013 | 5:05 am
    It may have gotten even more difficult and more expensive to protect your legal rights in Florida after Governor Rick Scott recently signed two business-friendly measures into law that raise the bar for expert witness standards. Both Measures HB 7015 and SB 1792 were recently signed into law by the governor and both deal with the sometimes contentious issue of what constitutes an expert witness. HB 7015 will now require courts in Florida to use the three-part test used by the federal government to determine if a witness is considered an expert in a particular field. SB 1792 specifies that in…

  • DeLand Officer Fired For Hitting and Killing Fleeing Suspect With Patrol Car

    Farah & Farah
    10 Jun 2013 | 5:10 am
    Officials have reported that a Deland police officer who struck and killed a fleeing suspect with his patrol car has been terminated by the DeLand Police Department. The death, which occurred in early May, sparked an uproar in the community after a popular 38-year-old local barber was killed while fleeing police. The DeLand Police Department reports that he led police on a chase after an officer attempted to stop him for a seat belt infraction. After a brief car chase, the man abandoned his vehicle and started to run away on foot. According to JAX.com, a DeLand officer who arrived on the…
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    Ventura County Criminal Defense Blog

  • Camarillo Woman Accused of Mail Theft in Moorpark

    Daniel Kann
    19 Jun 2013 | 2:12 am
    A 27-year-old woman was arrested in Camarillo on suspicion that she stole mail from a mailbox in front of a Moorpark post office. The investigation into the alleged crime began in early April after Moorpark police received a report that a mailbox had been forced open and some 30 pieces of mail had been taken. At the time of the theft, investigators had asked customers to check for any suspicious activity that may crop up with their bank accounts in the future. A few days after the alleged crime, a resident reported that somebody had tried to access his bank account. That report and the…

  • Associate Principle at Camarillo High Accused of Sex Crimes

    Daniel Kann
    11 Jun 2013 | 3:19 pm
    The sex crime defense attorneys at The Law Offices of Daniel E. Kann have learned that an Associate Principal at Camarillo High School was arrested on sex charges involving a female student and an adult female staffer. The Ventura County Sheriff’s Department says that the alleged molestation incidents took place between November of last year and May of this year. The 41-year-old man was charged with four misdemeanors for child molestation and annoyance (California Penal Code 647.6) and he was also charged with one misdemeanor count of sexual battery against an adult staff member. In May,…

  • Two Adults, Three Juveniles Accused of Thousand Oaks Attacks

    Daniel Kann
    4 Jun 2013 | 12:59 pm
    Thousand Oaks police report that they have arrested five teens for allegedly provoking fights and attacking a minor at a park in Thousand Oaks. Two of the teens that were taken into custody were an 18-year-old man and a 19-year-old man. They were taken to Ventura County Jail. The remaining three were minors and were taken to juvenile hall. The arrests stem from two separate incidents. In April, the 18-year-old man and one of the juveniles allegedly tried to provoke a fight with two males near Thousand Oaks High School. During the incident, the juvenile was accused of pulling a…

  • Camarillo Police Investigation Leads to Suspects Accused of Residential Burglaries

    Daniel Kann
    28 May 2013 | 3:22 pm
    Two Los Angeles County men have been taken into custody, accused of a rash of residential burglaries that spanned Orange, Los Angeles, and Ventura counties. The investigation that ended in the arrests of the two suspects began when Camarillo police began investigating residential burglaries in the Mission Oaks section of Camarillo. According to KTVA News, the detectives investigating the burglaries found that they had similarities, such as the kinds of items taken and a number of “missed calls” that originated from the same telephone number. The detectives then pieced together that…

  • NTSB Urges Lower Drunk Driving Blood Alcohol Limit

    Daniel Kann
    22 May 2013 | 1:00 am
    The National Transportation Safety Board (NTSB) is recommending that the current drunk driving blood alcohol threshold be lowered from its current 0.08 level to 0.05 or less. The NTSB said the goal is to lower alcohol-related crashes that have maintained a steady pace for the past 15 years. In a 5-0 vote, the board urged the change, claiming that the European Union has lowered its drunk driving blood alcohol limit to 0.05 with great success and that in comparison, the United States is falling behind in cutting drunken driving fatalities. Since the 0.08 limit was first adopted by Utah 30 years…
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    California Criminal Lawyer Blog

  • Los Angeles Teacher Faces Federal Child Porn Charges

    10 Jun 2013 | 3:15 pm
    A 49-year-old teacher has been arrested after meeting an undercover federal agent with whom he allegedly agreed to watch child pornography. According to a KTLA news report, the Covina teacher was arrested in his Royal Oak Middle School classroom. Officials say he engaged in online chats with an agent about young boys and agreed to a meeting to watch child pornography together. Investigators then allegedly found videos depicting child pornography on his computer. He faces up to 20 years in federal prison for distributing child pornography online. It is illegal to distribute, employ minors to…

  • Hundreds of Drivers Arrested for DUI over Memorial Day Weekend

    3 Jun 2013 | 3:25 pm
    During major holiday weekends, the Los Angeles County Sheriff's Department increases its efforts to crack down on drunk driving. The Daily Breeze reports that 529 people were arrested in Los Angeles County over the Memorial Day weekend this year. Furthermore, 35 DUI arrests were made in Orange County. Throughout California, 1,133 people were arrested for driving under the influence and 15 DUI-related fatalities were reported over the holiday weekend. The Los Angeles County arrests were made as part of the "Avoid the 100 Los Angeles County DUI Campaign." Funding for the campaign comes from the…

  • Soap Actor Arrested for Selling Cocaine

    28 May 2013 | 3:27 pm
    A former "Days of Our Lives" actor has been arrested for allegedly selling illegal drugs out of his Los Angeles County home. According to The Malibu Times, the 20-year-old actor was arrested at his Agoura Hills home for selling cocaine. It is not clear from the report how much cocaine the authorities seized. He was charged with one count of possession as well as one count of selling cocaine within 1,000 feet of an elementary school. If convicted, he faces up to nine years in state prison. California's drug distribution laws make it illegal to possess, transport, manufacture, and sell cocaine.

  • Regulators Push for Lower Drunk Driving Limit

    21 May 2013 | 11:27 am
    Under current federal law, it is illegal to drive with a blood alcohol level of .08 percent or higher. According to a news report in The Los Angeles Times, the National Transportation Safety Board (NTSB) is calling on lawmakers to lower the legal limit from .08 to .05 percent. This move is a direct reaction to recent statistics showing that one in three highway deaths involve an alcohol-impaired driver. Federal regulators called the problem of drunken driving an epidemic and stated that 9,978 people were killed in drunk driving accidents in the year 2011. In their plea for stricter laws, they…

  • Woman Charged with DUI after Crashing into Squad Car

    13 May 2013 | 4:32 pm
    A 27-year-old Los Angeles woman was arrested after rear-ending a squad car while under the influence of alcohol. According to a news report in WeHoNews.com, the car crash occurred at Santa Monica Boulevard and Orange Drive in West Hollywood. Officials say they were conducting a pedestrian stop when a vehicle rear-ended their squad car. The deputies were not hurt in the crash. The driver allegedly registered .24 and .22 blood alcohol content (BAC) readings during the preliminary alcohol screening tests, which is nearly three times the legal limit of 0.08 percent. She was treated at a nearby…
 
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    California Criminal Defense Blog

  • New York City Cop May Have Coerced Confessions

    17 Jun 2013 | 3:54 pm
    Many people think that everyone who confesses to a crime is guilty. But coerced, involuntary and false confessions can lead to wrongful conviction and grave injustice. And some cops will go to unscrupulous lengths to make a case. As a case in point, the Brooklyn district attorney’s office is reviewing 50 homicide convictions to see whether the convictions were based on coerced confessions, The New York Times reports. The office’s Conviction Integrity Unit plans to reopen every murder case that resulted in a guilty verdict after being investigated by Detective Louis Scarcella, a…

  • People v Beltran: CA Supreme Court Clarifies "Voluntary Manslaughter" Law

    3 Jun 2013 | 4:19 pm
    In the case of People v. Beltran, the California Supreme Court said that provocation is adequate to reduce an unlawful killing from murder to voluntary manslaughter. However it must be one that would cause an emotion so intense… that an ordinary person would simply react, without reflection. In order for a crime to qualify as voluntary manslaughter in California law, Penal Code 192(a) PC requires that it be committed during a sudden quarrel or “in the heat of passion.” The proper standard, the justices held, is to focus upon whether a person of average disposition would be induced to…

  • California Supreme Court Overturns Three-Strikes Sentence Enhancement

    20 May 2013 | 10:15 am
    The California Supreme Court has overturned a defendant’s five year sentence enhancement under California Penal Code 667(a), California’s “three strikes” law. ” The enhancement was based upon the defendant having been previously convicted of assault with a deadly weapon. A unanimous court held that since a judge had reduced the earlier crime from a felony to a misdemeanor before the defendant had committed his most recent crimes, the offense no longer qualified as a prior serious felony within the meaning of 667(a), and could not be used to enhance his sentence. In the earlier case,…

  • Deceived, Deported and Dejected: Supreme Court Will Not Apply Padilla Retroactively for Countless Immigrants

    25 Feb 2013 | 10:20 am
    The United States Supreme Court 2010 decision in Padilla v. Kentucky held that the Sixth Amendment of the United States Constitution requires criminal defense attorneys to advise non-citizen clients about the deportation risks of a guilty plea. Under Padilla, the lack of such advisement may render an individual’s guilty plea invalid and therefore potentially allow it to be withdrawn. However, just this past week, the Supreme Court elaborated on the Padilla ruling by handing down its decision in Chaidez v. United States. In this case, the Supreme Court held that Padilla does not apply…

  • “Lifting Liberty”: California Lawmakers Amend C.P.C 666 (Petty Theft with a Prior)

    18 Feb 2013 | 10:11 am
    Prior to September 9, 2010, the law in California dictated that if an individual had once been convicted of any theft offense, and had served at least a day in jail, any subsequent convictions for petty theft could be prosecuted as a felony, rather than a misdemeanor. The pertinent statute, California Penal Code Section 666, “Petty Theft with a Prior.” However, On September 9, 2010, former California Governor Arnold Schwarzenegger signed Assembly Bill 1844, which drastically changed how countless petty theft crimes are charged in California. Specifically, under the new law, the petty…
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    DUI Blogger

  • Can Police in California take Forced DUI Blood Draws?

    17 Jun 2013 | 3:42 pm
    You are driving home from drinks with friends when you are stopped by the police. After you fail field sobriety tests, the officer asks you to agree to a breath test to measure your blood alcohol concentration (BAC). You decline. You are placed under arrest and taken to a nearby hospital. The officer asks you to agree to a blood test, telling you that in California, refusal to submit to a chemical blood or breath test can result in the automatic loss of your driver’s license for a minimum of one (1) year. You again say no. Can the officer order a lab technician to take your blood without…

  • Distracted Driving Accidents May Result in Vehicular Manslaughter Charges in California

    28 May 2013 | 3:08 pm
    In California, driving under the influence is a crime. Using a handheld cell phone, or texting while driving, on the other hand, is a mere traffic violation under Penal Code 23123, also known as California’s “distracted driving” law. But there is little difference between a DUI and distracted driving if you injure someone as a result. And if you kill someone while using a handheld phone, you could face charges under Penal Code 192(c) PC Vehicular Manslaughter, which makes it a crime for a driver to kill another person by driving in an unlawful way, or in a lawful way that is,…

  • .05 BAC as the New Legal Standard?

    20 May 2013 | 10:31 am
    The National Transportation Safety Board has called on all 50 states to reduce the allowable blood-alcohol concentration by more than a third, to 0.05 percent from 0.08 percent. The recommendation was one of 19 made in a safety report released by the Board Tuesday after a year-long investigation into the problem of substance-impaired driving. “The research clearly shows that drivers with a BAC above 0.05 are impaired and at a significantly greater risk of being involved in a crash where someone is killed or injured,” NTSB chairperson Deborah A.P. Hersman said in a press release issued by…

  • Stoned Politics? Senator Correa's SB 289 Zero Tolerance Drugged DUI Law

    25 Feb 2013 | 10:02 am
    "Driving under the influence of illegal drugs is dangerous and cannot be tolerated. Creating a zero tolerance drugged driving policy will equip law enforcement with the tools needed to keep our communities and roads safe.” This above quote comes from California State Senator Lou Correa. Mr. Correa is a representative of California Senate District 34, which covers the Orange County cities of Anaheim, Buena Park, Fullerton, Garden Grove, Santa Ana, Stanton and Westminster.

  • Safety Checks on Capital Punishment

    14 Sep 2012 | 12:19 pm
    One of the worst fears in the criminal justice system is that a person would be wrongly put to death. Consequently there are a series of safety checks on capital punishment in California. One is that in a capital case, the jury must be the one to decide whether the defendant receives the death penalty or life in prison without parole. Second, the trial judge retains the power to overrule a jury’s decision for death and reduce the sentence to life without parole.
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    Pennsylvania Family Law Blog

  • How to Initiate the Divorce Talk with Your Spouse

    Philadelphia Divorce Attorney
    17 Jun 2013 | 8:06 am
    In many cases, divorce does not begin as a mutual decision. One spouse will have realized that the marriage is no longer working; while the other has no idea their partner is unhappy, until the news is finally broken during a heated argument or a stressful holiday gathering. If you believe it is time to end your marriage, the following tips can help you broach the subject without making a difficult situation even worse: First, do the research. Consult an experienced divorce attorney and learn about your state’s divorce laws. Knowing your options will help you create a realistic plan of…

  • Tips for Maintaining Financial Security During a Pennsylvania Divorce

    Philadelphia Divorce Attorney
    7 Jun 2013 | 3:48 pm
    There are a wide range of hurdles to overcome when pursuing a divorce. From custody battles and asset division to overcoming emotional upheaval, it can be easy to forget about the importance of maintaining financial security. Many Pennsylvania divorce financial and tax issue attorneys understand that negotiating a fair and just settlement agreement is one of the biggest steps toward ensuring a stable future after your divorce is finalized. The following steps can help you ensure financial security throughout the divorce process: Use a different attorney than your spouse – You may think…

  • How to Handle Threats during Divorce

    Philadelphia Divorce Attorney
    3 Jun 2013 | 2:11 pm
    Whether or not the decision was mutual, divorce can bring out the worst in people. Unfortunately, threats often come up during the divorce process in order to force one spouse to give in to the other’s demands. While some threats may involve property or money, threats about violence or causing harm should be reported to law enforcement. The Pennsylvania divorce attorneys at The Law Offices of Sheryl R. Rentz, P.C. understand that the process of divorce can be complex and emotional, and will help protect your rights against the other spouse’s threats. The most common threats that come up…

  • Tips to Make Co-Parenting Easier

    Philadelphia Divorce Attorney
    24 May 2013 | 8:11 am
    Negotiating custody arrangements during a divorce can be a major point of contention between spouses, particularly because child custody has often meant that one parent is given the majority of responsibility for the children while the other is given limited involvement as a non-custodial parent. In recent years, more and more parents are choosing to share custody in an effort to ensure that both parents get to raise the children. However, as children divide the days and weeks between each parent, moving back and forth between households, joint custody has its share of disadvantages. Many…

  • Ways to Help Teens Cope with Divorce

    Philadelphia Divorce Attorney
    16 May 2013 | 2:21 pm
    Divorce can be an incredibly difficult time for each family member involved. Parents may be faced with not only the loss of a very important relationship, but also the struggle to help the children cope with a sudden upheaval in the family dynamics. When the divorce comes about during a child’s teenage years, the breakup may be particularly overwhelming. Adolescence already involves plenty of developmental changes, and a divorce may add to the confusion and frustration that many teens experience. The following tips may help you and your teen cope with the transition: Listen – Allow plenty…
 
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    About Florida Lawyers & Attorneys

  • Briny Breezes Florida Criminal Defense Lawyer

    Florida's Top Rated Attorney
    19 Jun 2013 | 10:32 am
    The Best Briny Breezes Florida Criminal Defense Lawyer in Florida can be found by visiting BestFloridaLawOffices.com The Best Briny Breezes Florida Criminal Defense Lawyer in Florida can be found by visiting BestFloridaLawOffices.com The lawyers at the Briny Breezes Florida Legal Firm are only the most fantastic caliber legal office that can be located in Florida. Clients totally concur that this Briny Breezes Law team and Associates are the lawyers to experience on your side when you have a case the looks tough. This legal firm wins cases and that is something that you can take to the bank!

  • Attorney for gay teen facing sex charges wants judge to step down – Florida Today

    Florida lawyer - Google News
    19 Jun 2013 | 10:31 am
    WPBF West Palm Beach Attorney for gay teen facing sex charges wants judge to step downFlorida TodayKaitlyn Hunt, 18, attends Space Coast Pride at Wickham Park in Melbourne. Thousands have supported the lesbian teen, who faces sex charges, via social media or with "Free Kate" T-shirts. Video posted May 27, 2013, by Jennifer Sangalang, FLORIDA …Kaitlyn Hunt's Lawyer Says Judge is Biased, Should Remove HimselfSheWiredall 27 news articles »

  • Defense lawyer says gov’t hid NSA role in California terrorism case – Ars Technica

    Lawyer - Google News
    19 Jun 2013 | 10:06 am
    Defense lawyer says gov't hid NSA role in California terrorism caseArs TechnicaLaw & Disorder / Civilization & Discontents. Defense lawyer says gov't hid NSA role in California terrorism case. "We're going to evaluate our options as to what to do now," attorney says. by Cyrus Farivar – Jun 19, 2013 5:04 pm UTC. Government …and more »

  • Jimmy Dimora’s lawyer argues to appeals court that gifts and meals were not … – Plain Dealer

    Lawyer - Google News
    19 Jun 2013 | 9:40 am
    Jimmy Dimora's lawyer argues to appeals court that gifts and meals were not …Plain DealerCINCINNATI, Ohio — Lawyers for Jimmy Dimora blasted federal prosecutors in court documents filed today, arguing that what a jury called bribery was actually contractors and public officials currying favor, gaining access or lobbying the then-Cuyahoga …and more »

  • Porsche plaintiffs bolstered by court ruling: lawyer – Reuters

    Lawyer - Google News
    19 Jun 2013 | 9:03 am
    Porsche plaintiffs bolstered by court ruling: lawyerReutersBERLIN (Reuters) – Investors suing Porsche SE (PSHG_p.DE) for more than 4 billion euros ($5.4 billion) over its failed attempt to take over Volkswagen (VOWG_p.DE) in 2008 may take encouragement from a German court ruling on Wednesday, a lawyer said …and more »
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    The Law Info

  • Does Arbitration Work in Civil Rights Cases?

    admin
    17 Jun 2013 | 3:53 am
    Under general circumstances, it is civil rights law that is responsible for dealing with civil rights cases. The cases are tried in court like criminal cases but unlike criminal cases there is also something called alternative dispute resolution (ADR) or Arbitration that can be used as a method of possible resolution for civil rights lawsuits.

  • Know The Work Process Of Personal Injury Cases

    Cally Greene
    17 Jun 2013 | 3:47 am
    If you have suffered injuries due to negligent or reckless behavior of another party such as Car accidents, Medical malpractice, Premises liability and more, you should file a personal injury case for you to get compensation for your injuries. Personal injury lawsuits can take various forms depending on the nature of the case; which can

  • Infographic: Personal Injury Claim and Significance of Evidences

    admin
    14 Jun 2013 | 5:45 am
    People do fall victim of mild to serious personal injury as a result of accidents. Road accidents, occupational accidents and medical malpractices cover majority of personal injury cases. Other than these several different type of accidents can occur such as slip, trip and fall in public place, accidents abroad and criminal misfortunes. This infographic is

  • Common Cycling Injuries

    admin
    14 Jun 2013 | 5:31 am
    Unfortunately it’s a fact of life that many cyclists will be involved in road traffic accidents or perhaps come off their bike at least once during their time on the road. On many occasions these tumbles will only result in minor injuries, if any injuries at all, but there are similarly lots of occasions where

  • Who Pays legal fee for divorce: Husband or wife?

    admin
    7 Jun 2013 | 1:50 am
    Undergoing a divorce is a difficult phase for every spouse involved. However, the process can get even worse when one spouse wants the other to foot their attorney fees. This leads us to ask the question, who pays legal fee for the divorce: Husband or wife?. We cannot truly state whether it’s the husband or
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    Injury Law News

  • Three People Killed by Carbon Monoxide Poisoning in Hotel Room

    Law Blogger
    18 Jun 2013 | 10:52 am
    Over a period of just weeks, three people, including an elderly couple and a young boy, were killed by carbon monoxide poisoning after they stayed at a Best Western facility in North Carolina. What’s disturbing is that the elderly couple died in April of carbon monoxide poisoning, but local medical examiners failed to identify carbon monoxide poisoning as the cause of death back then. As a result, the hotel continued to rent the room to others.However, last week, an 11-year-old boy died after he was staying with his mother in the same motel room.His mother suffered serious injuries, and was…

  • Marijuana Can Help Block Effects of Brain Injury

    Law Blogger
    12 Jun 2013 | 4:00 pm
    According to new research, THC which is the active ingredient in marijuana can have a protective effect both before and after a brain injury. The findings were announced by scientists at Tel Aviv University’s Adbelson Center for the Biology of Addictive Diseases.According to the scientists, they found that marijuana has neuroprotective qualities.They believe that small quantities of THC, which is the psychoactive component in marijuana, helps protect the brain from long-term cognitive damage that has resulted due to lack of oxygen, or hypoxia.They also believe that THC can benefit a…

  • Highest Risk of Teen Accidents during Summer

    Law Blogger
    10 Jun 2013 | 4:36 pm
    Summer is the deadliest time of the year for teenage drivers, and the biggest reason why so many teenagers are involved in serious or fatal accidents during summer is distracted driving. According to the American Academy of Orthopedic Surgeons, and the American Auto Association, seven out of the 10 most deadly days for American teenage drivers fall between the Memorial Day and Labor Day holidays.In 2011 alone, approximately 10% of injuries or accidents were linked to driver distraction.Data also indicates that as many as 11% of all teenage drivers below 20 who were involved in a fatal…

  • Drowsy Driving Is a High Risk Factor for New Mothers

    Law Blogger
    30 May 2013 | 10:31 am
    New mothers who are dealing with the stress of caring for a newborn baby may be much more likely to suffer from sleep deprivation, increasing their risks of being involved in a drowsy driving-related accident.According to new research conducted in Australia recently, many new mothers report that they find it difficult to concentrate on the task of driving. The preliminary investigation was conducted by the QUT Center for Accident Research and Road Safety-Queensland.Many of the new mothers in the survey admitted that they suffered symptoms of postpartum sleepiness and drowsiness.They also…

  • NTSB Urges States to Lower DUI Blood-Alcohol Level

    Law Blogger
    26 May 2013 | 1:07 pm
    The National Transportation Safety Board has issued a new recommendation that is already being criticized by the restaurant and beverage lobbies.The Board recommended a lowering of the legally-allowed blood alcohol content limit from the current .08% followed in all 50 states, to .05%. The National Transportation Safety Board based its recommendation on the fact that drunk driving continues to be a major killer on our roads, even though the number of fatalities linked to people drinking and driving had been dropping in recent years.The fact is that more than 30% of traffic accident fatalities…
 
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    NBI CLE Blog

  • June 2013 CLE Survival Kit

    NBI Staff
    6 Jun 2013 | 3:25 am
    The end of another CLE reporting year is just around the corner. Do you have all your credits? Find our what your state’s MCLE requirements are, and then head on over to our website.  Whether you prefer local live events or online learning, we’ve got you covered. Or, if you need a lot of CLE at once, you can earn over 20 CLE credits from your office in just one week with National Business Institute CLE Week.  Experienced attorneys will present live, and you’ll have an opportunity to get your questions answered. Purchase each video webcast individually or bundle and save up…

  • Free CLE in Honor of Law Day 2013

    Natalya Martinez
    24 Apr 2013 | 11:32 am
    The year 2013 marks the 150th anniversary of the issuance of the Emancipation Proclamation, as well as the 50th anniversary of Rev. Dr. Martin Luther King Jr.’s “I Have A Dream” speech.  This year’s Law Day theme, “Realizing the Dream: Equality for All,” recognizes the inextricable link between freedom and equality, the importance of living up to the promise of equality under the law enshrined in our nation’s founding documents, and the challenges that remain in realizing that ideal. We at NBI are excited to to do our small part in ensuring equal legal representation…

  • MS Word Tips for Attorneys: Using AutoText and Building Blocks

    NBI Staff
    23 Apr 2013 | 8:01 am
    This is the first introductory glimpse at the materials for our upcoming “Unleashing the Power of Microsoft Office and Adobe for Attorneys” CLE webcast to be held tomorrow (April 24th). Written by Ann Gorr In every law office there are many repetitive words and phrases that are either used on a frequent basis or are difficult to type correctly into you documents. WORD has two features that assist you with creating “re-usable” phrases/characters and streamline repetitive tasks through the day. These phrases can be inserted quickly and easily into any document as needed.

  • Attorney Liens Update: Significant Changes in New Jersey

    NBI Staff
    9 Apr 2013 | 3:14 am
    The Abolition of Retaining Liens in New Jersey Written by Antranig Garibian, Stradley Ronon Stevens and Young, LLP The following is a follow up to the May 10, 2012 NBI article entitled “Attorney Charging Liens in Delaware” and the October 17, 2012 NBI presentation “Attorney Charging Liens” Effective April 1, 2013, pursuant to an order by the Supreme Court of New Jersey, no New Jersey lawyer shall assert a common law retaining lien. The new rule arises out of the amendment to Rules of Professional Conduct 1.16(d) of the Supreme Court of New Jersey. In 2012, the New Jersey Supreme Court…

  • NBI Subscriptions: Unlimited CLE

    NBI Staff
    2 Apr 2013 | 4:00 am
    If you had the choice between attending two seminars a year or getting unlimited CLE for the same price, which would you choose? The choice is real with NBI Subscriptions. Where you’ll get unlimited access to our continuing legal education courses… For 12 months… With a personal account manager to assist you when needed… All for one low price! NBI offers three different subscription packages so you can choose the one that’s right for you. Essential CLE Pass Unlimited access to any of our live seminars in your state. Unlimited live teleconferences. And a 50% discount on webcasts…
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    Criminal Defense & DUI Law Blog

  • Orange County Police Put Prostitution Offenders to Shame

    Randy Collins
    17 Jun 2013 | 9:52 am
    According to the Orange County Police Department, prostitution is one of the fastest growing criminal enterprises in the County, which is why they are incorporating new tactics to try and discourage those who solicit prostitutes. A so-called “john” should be wary when entering a hotel room to engage in illegal activities, because OC officers may be hiding in the room next door. Sting operations such as these have now become quite common. Female police officers wearing recording devices document offers by prostitution offenders and, once enough evidence is collected, seize their personal…

  • Burglary Charges in Santa Ana: Recent Arrests and Potential Penalties

    Randy Collins
    15 Jun 2013 | 3:41 pm
    Having assisted Orange County locals with their criminal charges for several decades, MacGregor & Collins attorneys have defended those facing countless different criminal charges. This is the first of what will be an ongoing look at burglary charges in Orange County, starting with Santa Ana, California. In California, the crime of burglary requires that a person unlawfully break and enter onto a premise. While the term breaking and entering can encompass the typical breaking (or picking) of a lock to gain entry, it can also include more subtle forms of breaking such as bypassing or…

  • AB 1428 to Restrict Employment Opportunities for Felons in California

    Randy Collins
    11 Jun 2013 | 8:47 am
    As the health insurance exchanged deadline approaches, a number of groups have begun to come forward in opposition to two state Legislature bills explaining the details of the 20,000 health reform workers that will be hired. If passed, assembly bill 1428 would disqualify applicants who have had previous felony convictions. The bill would require all contractors, vendors, and employees who are involved in the enrollment in the health insurance exchange who have access to medical or financial information of those enrolled to be fingerprinted to determine whether or not the applicant has a…

  • Steps To Take After Being Arrested For A DUI

    JDonato27
    7 Jun 2013 | 8:42 am
    It’s a little past midnight, and you’ve had a few drinks- enough to know that you’re feeling tipsy. You tell your friends that you can drive and even insist that you’re okay. You demonstrate by walking in a straight line while you touch your nose with your eyes closed. Your friends finally relent, and you get in your vehicle thinking that everything will be fine. Besides, what are the chances of getting caught? It’s a Thursday night, and your house is only fifteen minutes away. So you begin the drive back home and notice that you’re driving is a bit shaky. Then you see the bright…

  • Laguna Beach Sex Crimes – Potential Penalties and Recent Arrests

    Randy Collins
    3 Jun 2013 | 10:19 am
    As part of an ongoing segment dedicated to examining sexual offenses and crimes in Orange County, MacGregor & Collins, LLP has started a series of sex crime blogs pertaining to individual Orange County cities. This is the first. Although Laguna Beach sex crimes are few and far between, they still happen several times a year. Criminal sexual assault covers a broad range of sexual conduct that occurs by force and without the victim’s consent. To be classified as criminal sexual assault, the sexual conduct must occur by force and without the consent of the victim. In rape cases, force…
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    PA Law Blogs

  • Chrysler to Officially Respond to Recall Request on Tuesday

    PA Law Blogs Admin
    14 Jun 2013 | 7:18 am
    Although Chrysler Group LLC said it would not recall 2.7 million Jeep Grand Cherokee and Jeep Liberty vehicles, the company has until Tuesday to officially respond to the National Highway Traffic Safety Administration’s (NHTSA) June 3 request  to voluntarily recall the Jeeps. On June 18, Chrysler will explain why it will not comply with the recall request, which would be very expensive for the company to fix fuel tank placement  in literally millions of affected Jeep models. The NHTSA “could then issue a formal finding and hold a public hearing seeking a recall,”…

  • Chrysler Recalls 15,000 Dodge Darts, Refuses to Recall Jeep

    PA Law Blogs Admin
    11 Jun 2013 | 1:25 pm
    Just days after the company refused to recall several Jeep models for exploding gas tanks, Chrysler announced a recall of 15,000 new Dodge Darts worldwide because the Dart’s engine can stall in cold weather. The 2013 model year cars with 1.4-liter four-cylinder engines and dual-clutch automatic transmissions are the subjects of the recall. After an initial test found the problem, Chrysler discovered some Dart owners had a similar experience. The company traced the issue to the computer controlling the engine and transmission. Although Chrysler is unaware of any accidents or injuries…

  • Honda Becomes Fourth Automaker in Airbag Investigation

    PA Law Blogs Admin
    11 Jun 2013 | 1:08 pm
    In response to complaints about airbags deploying without an impact, the National Highway Traffic Safety Administration (NHTSA) is investigating whether more than 300,000 Honda minivans should be recalled. The investigation involves 2003 and 2004 Honda Odysseys and has not yet resulted in a recall. This makes Honda the fourth automaker in a current airbag defect investigation involving the same product supplier. The NHTSA has received six complaints including three involving injuries. The agency also received 41 complaints of airbag warning lights illuminating, which sometimes precedes…

  • Property Damage Caused by Center City Building Collapse

    PA Law Blogs Admin
    11 Jun 2013 | 7:04 am
    A Philadelphia Salvation Army Thrift Shop faced serious property damage in addition to six deaths and multiple injuries to shoppers and employees when a building under demolition toppled onto the store last week. When construction accidents of this magnitude occur, questions arise regarding unexpected property damage and who will be required to compensate the company for what they lost. In this situation, the Salvation Army building at 22nd and Market Street was crushed along with products and other items inside. In the wake of this incident, legal claims may be made for damage to property. …

  • Public Policy Review after Philly Building Collapse

    PA Law Blogs Admin
    10 Jun 2013 | 11:26 am
    In light of the collapse of a Center City building last week that killed six and injured more than a dozen people, Philadelphia City Council is forming a new committee to review city construction and demolition regulations and procedures regarding licenses and permits, certification of workers, building maintenance and other issues. Emergency vehicles rushed to the scene on Wednesday after a building toppled onto an adjacent Salvation Army store. There are numerous legal and legislative steps that could now be taken in Philadelphia so another deadly event like last week’s accident can never…
 
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    Los Angeles Personal Injury Blog

  • Contractors Responsible for Damages

    Fisher & Talwar
    10 Jun 2013 | 11:53 am
    The owners of a home in San Rafael, CA will have to do more renovations to their property than they planned after a contractor’s torch caught the home on fire. The contractor was performing a procedure to create a waterproof seal on the deck of the home that required him to melt building materials with a torch. Due to the fact that the wood of … Continue reading →

  • Riding a Bicycle on a Sidewalk and Against the Flow of Traffic Does Not Violate California Vehicle Code

    Fisher & Talwar
    21 May 2013 | 1:46 pm
    When a bicyclist is injured while riding a bicycle against the flow of the traffic on a sidewalk or a crosswalk, defendant will likely attempt to skirt liability by claiming that the bicyclist was negligent because he violated California Vehicle Code Section 21650.1. Specifically, section 21650.1 states: “A bicycle operated on a roadway, or the shoulder of a highway, shall be operated in the same … Continue reading →

  • New Task Force to Reduce Motorcycle Collisions in Norwalk

    Fisher & Talwar
    7 May 2013 | 10:33 am
    Officers from the Los Angeles Sheriff’s Department and the City of Norwalk, CA are now working in conjunction with each other on a joint, Motorcycle Safety Enforcement Operation.  The efforts are aimed at curtailing motorcycle accidents in areas where they are more prevalent, and will specifically target behavior by both vehicle drivers and motorcycle riders that contribute to motorcycle involved collisions.  According to reports, some … Continue reading →

  • Man Pronounced Dead at Vehicle Crash Scene

    Fisher & Talwar
    2 May 2013 | 12:09 pm
    A 35 year old man from Murrieta, CA is dead, and two others are recovering in a hospital, following a single vehicle crash on the morning of April 30th, 2013, just before 7:00 am in Los Banos, CA. According to reports, the vehicle, identified as a 2004 GMC utility truck, was traveling westbound when it veered, struck a guardrail, became airborne, and fell off the … Continue reading →

  • Pool Injuries on the Rise

    Fisher & Talwar
    29 Apr 2013 | 12:19 pm
    Summer is just around the corner, which means that millions of children across the United States will soon be enjoying swimming in a pool. Unfortunately, a new study released by the American Journal of Emergency Medicine in March, 2013 reveals that swimming pool injuries are on the rise. What the Study Found According to results of the study, there is a new swimming related injury … Continue reading →
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    Galanter Law

  • Leaving the Scene of an Accident in Florida

    Yale Galanter
    4 Jun 2013 | 2:23 pm
    Leaving the scene of an accident is against the law in Florida. The specific laws and penalties for leaving the scene of an accident depends on whether the driver left the scene of the accident after hitting an unattended vehicle or property or the driver left the scene of the accident after being involved in [...]Leaving the Scene of an Accident in Florida is a post from: Galanter Law No related posts.

  • House Arrest: Florida’s Community Control Program

    Yale Galanter
    30 May 2013 | 10:43 am
    The Florida Community Control Program places offenders under house arrest or electronic surveillance as an alternative to a traditional incarceration sentence. The program is the largest of its kind in the country, taking in about a thousand new prisoners each month. [i] As described by the Florida Department of Corrections, community control is “a form of [...]House Arrest: Florida’s Community Control Program is a post from: Galanter Law No related posts.

  • Charged with Domestic Violence?

    Yale Galanter
    28 May 2013 | 11:59 am
    When most people think of domestic violence, they think of some sort of physical confrontation between husband and wife or romantic partners. While this is true, keep in mind that the definition of domestic violence of Florida is very expansive and includes many other types of criminal actions.   According to Florida Statute §741.28(2), “domestic [...]Charged with Domestic Violence? is a post from: Galanter Law No related posts.

  • How to Beat a Reckless Driving Ticket in Miami or Fort Lauderdale

    Yale Galanter
    23 May 2013 | 1:55 pm
    What is a reckless driving ticket? Reckless driving is one of the more serious types of traffic charges an individual can face when driving in South Florida. Pursuant to Florida Statute §316.192, reckless driving is a criminal traffic offense, which can carry much steeper penalties than your typical civil traffic infraction. By the letter of [...]How to Beat a Reckless Driving Ticket in Miami or Fort Lauderdale is a post from: Galanter Law No related posts.

  • Shoplifting Defense – South Florida Theft Lawyer

    Yale Galanter
    21 May 2013 | 4:11 am
    As discussed in this video, if you’ve been arrested for retail theft, which is commonly referred to as shoplifting, or any kind of theft offense in South Florida, it is imperative that you hire a lawyer. Pursuant to Florida Statute §812.015(1)(d), retail theft means “…the taking possession of or carrying away of merchandise, property, money, [...]Shoplifting Defense – South Florida Theft Lawyer is a post from: Galanter Law No related posts.
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    New York Business Lawyer Blog

  • How To Get What You Want In Business Negotiations: Is Hardball Always Necessary?

    14 Jun 2013 | 5:00 am
    How to succeed in negotiations is open to debate. It depends in large part on what you mean by success. Business owners, in New York and elsewhere, often think it means they have to win, and their negotiating partner, who they often view as their opponent, has to lose. Hardball, to them, is the key; power is what counts. Most business owners want to gain the upper-hand, and, once they have it, use it for all it's worth. Lawyers often act in this same way, especially once litigation begins. The take-no-prisoners approach may be tempting, and it certainly does look good in the movies, but it…

  • The Art of the Interview: Why Investigators Still Count In Investigating Insurance Fraud

    11 Jun 2013 | 7:00 am
    Technology is not the only thing you need to investigate insurance fraud. Technology might tell you who to question, but someone still has to do the questioning. Analysis of big data might give you a lot to talk about, but someone, preferably with a little training and experience, is going to have to have that conversation. Technology might be able to sort through a tremendous amount of otherwise indecipherable data in order to identify, or obtain, clues about possible fraud. No matter how good the technology, no matter how vast the meta-data, no matter how many computers parse the data, a…

  • How Should You Negotiate? Know What You Want

    7 Jun 2013 | 6:00 am
    Negotiations are an important part of everyday existence for all businesses, whether big, medium, or small, whether they are located in New York, around the country, or anywhere in the world. Every time businesses buy and sell goods and services, they negotiate. Business owners want to buy low and sell high. They want to break into a market either by undercutting their competition or by charging a premium for their product to convince buyers of its superior quality. Business negotiations impact the lives of everyday people, too. Everyone knows what a Kindle is, what an iPad is, and what…

  • Investigating Insurance Fraud: Does Technology Hurt Or Help?

    3 Jun 2013 | 10:09 pm
    There has been a lot of discussion recently about the advantages of technology when it comes to fighting fraud in general and insurance fraud in particular. The analysis of large amounts of digital information in a relatively short time can lead to better, more informed, decisions by businesses large and small, and provide a better means to ascertain, and prevent, fraudulent behavior. The increased use of digital information leaves a bigger trail. Social media, emails, digital photos, all leave noticeable footprints with more information than the creator may know, or may have intended. It can…

  • What Does It Take To Become A Great Trial Attorney? Practice Is Not Enough

    31 May 2013 | 11:00 am
    There is no shortage of trial attorneys in New York, or around the country. What makes a good trial attorney, however, is open to debate. How to become one is even more difficult to define. Is it something you can master through hard work and perseverance; is it something you have to have a natural aptitude for; or is it some combination of both? As we previously discussed, there is a lot of practice involved in trial practice. It is important to practice and to do it in the right way; but is it enough? People believe they know a good trial attorney when they see one and often even when they…
 
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    GTH Energy & Natural Resources Law Blog

  • FERC Affirms Open Access Rights for QFs in Complaint Against the Oregon PUC

    18 Jun 2013 | 3:30 pm
    In a June 14 decision substantially clarifying and expanding federal open access transmission rights, the Federal Energy Regulatory Commission ("FERC") ruled that open access transmission rights cannot be limited to Points of Delivery ("PODs") established for scheduling purposes, but must allow third-party shippers to deliver power across the entire system of a regulated transmitting utility. The decision also reaffirms the right of PURPA "Qualifying Facilities" ("QFs") to transmit power to remote sellers rather than selling to the utility with which the QF directly interconnects. The June 14…

  • State Energy Office Concludes Non-Utility Conservation Can Be Used for I-937 Compliance

    13 Jun 2013 | 3:59 pm
    The Washington State Energy Office (which operates within the Department of Commerce) recently issued an Advisory Opinion of considerable importance to utilities required to meet Initiative 937's energy conservation targets. The Advisory Opinion concludes that a utility may count documented and cost-effective energy savings toward I-937 conservation targets even if the utility has no direct involvement in carrying out the conservation measure. Passed by Washington voters in 2006, I-937 (also known as the Washington Energy Independence Act) is well known for imposing a Renewable Portfolio…

  • May: A Tough Month for Climate Plaintiffs, But Odd Fifth Circuit Decision Leaves the Door Ajar

    13 Jun 2013 | 11:24 am
    In May, the federal courts rejected two more major cases in which plaintiffs sought damages from large emitters of greenhouse gases based on claims of climate-caused property damage. As a result of the U.S. Supreme Court's action, one of the major theories espoused by plaintiffs -- federal common law nuisance -- now appears to be dead. The fate of other major theories, however, remains uncertain because a federal appeals court could not escape a procedural tangle and therefore failed to definitively address those theories. In the first case, involving the Native Village of Kivalina, Alaska,…

  • Casting A Constitutional Cloud On In-State Renewable Preferences, Seventh Circuit Upholds Transmission Cost-Spreading

    12 Jun 2013 | 11:15 am
    In a decision with important implications for both renewable energy and transmission developers, the U.S. Court of Appeals for the Seventh Circuit last week largely upheld a cost-spreading mechanism developed by the Midwest Independent Transmission System Operator ("MISO") to encourage expansion of high-voltage transmission facilities. Written by the renowned Judge Richard Posner, the decision (Illinois Commerce Commission v. Federal Energy Regulatory Commission, 7th Cir. Docket Nos. 11-3421 et al., issued June 7, 2013) may in time be most remembered for lighting the fuse that ultimately…

  • Jefferson County PUD Prevails In Tax Dispute; GTH Successfully Defends Summary Judgment Dismissal of Class Action Lawsuit

    11 Jun 2013 | 3:31 pm
    The Washington Supreme Court recently handed a significant victory to Washington's Public Utility Districts when it denied a petition for review of Shoulberg v. Public Utility District No. 1 of Jefferson County. Pursuing a long-standing grievance, taxpayers in Port Townsend filed a class-action lawsuit challenging the PUD's taxation of Port Townsend property owners. The Superior Court and the Washington Court of Appeals (169 Wn. App. 173, 280 P.3d 491 (2012)) rejected the challenge. With the Supreme Court's denial of the petition for review, the Court of Appeals decision is now the final…
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    SEC Lawyers Blog

  • Sonn|Erez Continues to Pursue Claims Against NFP Securities, Inc., For Investments in Speculative Hennessey Financial Monthly Income Fund, LP, a/k/a Capital Solutions and True North Finance

    19 Jun 2013 | 10:05 am
    Sonn|Erez continues to pursue FINRA arbitration claims against NFP Securities, Inc., on behalf of investors who made investments in the speculative Hennessey Financial Monthly Income Fund, LP also known as Capital Solutions Monthly Income Fund, LP and True North Finance Preferred Stock ("Hennessy Fund"). Represented to investors as offering a 12% annual return, the Hennessey Fund was a high risk and unsuitable unregistered hedge fund that was involved in risky real estate loans. When the underlying real estate investments went sour, the Hennessey Fund became nothing more than a Ponzi scheme,…

  • FINRA Censures, Fines Douglas Evan Greenberg (Lake Oswego, Oregon) for Unauthorized Trades

    18 Jun 2013 | 10:54 am
    Douglas Evan Greenberg (CRD #2298830, Registered Representative, Lake Oswego, Oregon) submitted a Letter of Acceptance, Waiver and Consent in which he was censured and fined $10,000. See FINRA Case #2011027368802. Greenberg is registered with Morgan Stanley. Without admitting or denying the findings, Greenberg consented to the described sanctions and to the entry of findings that a customer opened accounts at his member firm with Greenberg assigned as the registered representative for each. The findings stated that on two separate occasions, pursuant to a strategy that was previously…

  • FINRA Fines, Suspends Raymond James Broker Theodore Edward Williams, Jr. (Lake Forest, Illinois) for Unauthorized Trades

    18 Jun 2013 | 10:53 am
    Theodore Edward Williams Jr. (CRD #468315, Registered Representative, Lake Forest, Illinois) submitted a Letter of Acceptance, Waiver and Consent in which he was fined $5,000 and suspended from association with any FINRA member in any capacity for 10 business days. See FINRA Case #2010022258901. Williams has been registered with Raymond James & Associates, Inc., in Chicago since April 2011, and previously was registered with Howe Barnes Hoefer & Arnett, Inc., in Chicago. Without admitting or denying the findings, Williams consented to the described sanctions and to the entry of findings that…

  • FINRA Fines, Censures vFinance Investments, Inc., Regarding Private Placement, Failure to Supervise Registered Representative

    13 Jun 2013 | 4:28 pm
    vFinance Investments, Inc. (CRD #44962, Boca Raton, Florida) submitted a Letter of Acceptance, Waiver and Consent in which the firm was censured and fined $65,000. See FINRA Case #2009016160002. Without admitting or denying the findings, the firm consented to the described sanctions and to the entry of findings that it acted as the private placement agent for a placement of up to $5 million in convertible notes a company issued. Investors, some of whom were the firm's customers, invested a total of $5,950,000 in the private placement while the issuer was on the firm's restricted list for the…

  • Sonn|Erez Investigating Claims Regarding the Late S. Mark Powell of Atlantic Trust Private Wealth Management (Austin, Texas)

    12 Jun 2013 | 4:50 pm
    Sonn|Erez is investigating claims involving financial transactions and investments made through former Atlantic Trust Private Wealth Management ("Atlantic Trust") Managing Partner, S. Mark Powell ("Powell"), who died earlier this month. Atlantic Trust is a unit of Invesco, Ltd., and Powell managed Atlantic Trust's Austin, Texas office. Following Powell's death, Invesco announced that it had become aware of "unusual transactions" conducted by Powell, according to The Wall Street Journal. In addition, The Wall Street Journal reported that investors have come forward to say they lent Powell…
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    Broward Injury Lawyer Blog

  • Risks for Child Heatstroke High in the Sunshine State

    15 Jun 2013 | 7:05 am
    We don't have to tell you. It's hot out there! And with those rising temperatures, it's more important than ever that we discuss children and their risks inside a hot vehicle. According to NBC News, there were at least 8 children who died after they were left in a vehicle by a parent or caregiver. With the Florida temps we're facing this time of year -- death can happen in a matter of seconds. Our Fort Lauderdale injury lawyers understand that there has already been one of these fatal accidents thus far in June. The most recent accident happened to an Escambia boy. He was 2-years-old and he…

  • Broward Bicylists and Pedestrians Undoubtedly Safer in Wake of Florida Texting Ban

    8 Jun 2013 | 6:12 am
    During a ceremony at a Miami high school, Florida Governor Rick Scott signed Senate Bill 52 into law -- banning drivers from text messaging behind the wheel. According to NBC6, the law makes it illegal for drivers to type on cell phones and text messaging devices while their vehicle is moving. Unfortunately, this was only signed as a secondary law, meaning that a driver has to be observed breaking another road law before they can be pulled over and ticketed for text messaging behind the wheel. It may not be the strongest law on the books, but it's a step in the right direction. This has been…

  • South Florida Swimming Pool Accidents Take 2 Over Weekend

    1 Jun 2013 | 7:21 am
    Memorial Day marks the beginning of swimming pool season and the risks for accidents are on the rise. Tragically, drowning has already claimed its first summer victims in South Florida. According to The Palm Beach Post, there were two children who were seriously injured in separate swimming pool incidents in Boca Raton in just one day. Both children were recovering at West Boca Medical Center. In both incidents, children fell into unattended pools. Our Fort Lauderdale child injury lawyers understand that the summer season is about here and with that come some serious risks for swimming pool…

  • Broward Traffic Safety Watch: Night Driving and Seat Belts

    29 May 2013 | 10:46 am
    You better buckle your seat belt if you don't want to get a ticket (or you don't want to get injured in an accident). According to officials with the National Highway Traffic Safety Administration (NHTSA), law enforcement officers throughout the country will be on the hunt as part of the "Click It or Ticket" safety campaign. They'll be looking for motorists without a seat belt on -- both day and night. Our Fort Lauderdale car accident lawyers understand that motorists are less likely to wear their seat belt at night -- and this is when fatal traffic accidents are most likely to occur.

  • Florida Bicyclists and Pedestrians Out Heavy through Memorial Day

    25 May 2013 | 8:39 am
    The Memorial Day holiday weekend is a common weekend for everyone to get out. Whether you're getting out of town or just getting outside, most of us have an extra day to enjoy at our leisure. Unfortunately, this time serves up some serious risks for accidents -- vehicular, pedestrian and bicyclist risks increase with holiday traffic. Our Fort Lauderdale pedestrian accident lawyers are asking drivers to be on the lookout for our walking and riding friends. With our sunny Florida weather, both residents and visitors will be outdoors, heading to the beach, out running errands and getting in some…
 
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    Emergency Business Litigation

  • Part 4: Fiduciary Breach

    Tom Patterson
    3 Jun 2013 | 1:43 pm
    The final argument that HRS proffered in an attempt to get the preliminary injunction overturned was that ORT’s claim that McChesney had breached his fiduciary duty lacked merit, and thus could not support a preliminary injunction. This analysis turned on a pair of questions, both springing from ORT’s 2010 reorganization. First, there was the question of whether or not ORT was a member-managed or manager-managed LLC at the time of the alleged breach, because while the members of a member-managed LLC must act in good faith and deal fairly with their company, members of a…

  • Part 3: Specific Performance

    Tom Patterson
    28 May 2013 | 7:14 am
    The question of whether or not ORT was likely to succeed on the merits of its claims against HRS and McChesney, the fourth and final element necessary for the granting of a preliminary injunction, proved to be the most difficult question for the court. Was ORT likely to prevail on is claim of specific performance of the land contract? HRS, unsurprisingly, argued that ORT was not likely to succeed on the merits, and therefore the preliminary injunction should not have been granted by the circuit, and should be vacated by the appellate court. Its first argument was that the mortgage taken by…

  • Part 2: Rights, Harms and Remedies

    Tom Patterson
    20 May 2013 | 8:58 am
    In its ruling on HRS’s appeal, the Third District Appellate Court first established that their standard of review was whether or not the circuit had abused its discretion in granting the preliminary injunction. As long as aprima facie case for a preliminary injunction had been properly laid out by the moving party, then the circuit court was within its discretion to grant the injunction. Both sides conceded that ORT had made a contract with Agri-Sources for the acquisition of the 8-acre parcel, so the Court quickly concluded that there was an ascertainable right. The second factor…

  • Interesting Discussion of Preliminary Injunction Mechanics and Elements

    Tom Patterson
    14 May 2013 | 11:59 am
    The 3rd District Illinois Appellate Court recently published a decision in the Happy R Securities, LLC v. Agri-Sources, LLC that was full of interesting discussions on the mechanics and elements of preliminary injunctions. The origin of this case is rather tortuous. In 2007, Kurt McChesney and Mage Farms, LLC, a company he owned with his mother, formed another corporation: Agri-Sources, LLC. The purpose of this company was the selling of agricultural products from a 20-acre parcel in Gladstone, and it later purchased the parcel outright from another one of McChesney’s holding companies.

  • Part Two: Ramifications of the Federal Circuit's opinion: Going beyond Apple

    Tom Patterson
    6 May 2013 | 8:30 am
    At least in the electronics industry context, Apple demonstrates that the federal circuit might be stricter in requiring incredibly strong similarities between the primary reference and claimed design, while finding seemingly minor differences to be sufficient in precluding a reference from being a primary one. Part of the reason for this strict reading of the obviousness standard could be that the court perceives such “minor” differences as being indicative of the argument that the primary reference and design patent share the same design concept (instead of sharing basically the…
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    South Florida Criminal Lawyers Blog

  • N.S.A. Surveillance Underscores Need For a Revitalized Approach to Fourth Amendment

    14 Jun 2013 | 2:31 pm
    "The very word 'secrecy' is repugnant in a free and open society; and we are as a people inherently and historically opposed to secret societies, to secret oaths and to secret proceedings. We decided long ago that the dangers of excessive and unwarranted concealment of pertinent facts far outweighed the dangers which are cited to justify it."--John F. Kennedy, April 21, 1961 Last week, the Guardian and Washington Post newspapers revealed--with the help of Edward Snowden--the existence of two secret N.S.A. programs designed to surveil internet and telephonic traffic in the United States. While…

  • The Supreme Court's Holding in KING v. MARYLAND: Welcome to Gattaca?

    13 Jun 2013 | 1:41 pm
    As promised, I'd like to address the Supreme Court's controversial holding in King v. Maryland. Truth be told, the analysis is rather straightforward and ho-hum. Unlike the Court's holding in United States v. Jones, which turned-back-the-clock on Fourth Amendment analysis, the Court's holding in King applies a traditional, noncontroversial analysis. The Court restates its earlier assertion in Illinois v. McArthur: "when faced with special law enforcement needs, diminished expectations of privacy, minimal intrusions, or the like, the Court has found that certain general, or individual,…

  • ANTONIN SCALIA'S DISSENT IN KING V. MARYLAND IS AWESOME

    5 Jun 2013 | 1:21 pm
    Justice Scalia is no doubt a controversial jurist. He is the bane of the American left-wing on numerous hot-topic legal questions, particularly as they relate to abortion, the Establishment and Free Exercise clauses of the First Amendment, and the Second Amendment. What's more, based upon his statements in oral argument, he is likely to run afoul of left-leaning Americans on the issue of same-sex marriage, which the Court will address later this summer. However, as anyone who watches the closely divided Court on a regular basis already knows, those hot-topic cases are not the general rule.

  • FLORIDA GIRL ACCUSED OF SEX-CRIME FOR RELATIONSHIP WITH CLASSMATE

    22 May 2013 | 4:47 pm
    According to CBS 12, Kaitlyn Hunt, an 18-year-old Sebastian River High School student, is charged with two counts of "Lewd or Lascivious Battery" for a sexual relationship with her 14-year-old, female classmate. The story has gone viral over the internet. It is reported that the Assistant State Attorney handling the case has extended a plea offer, which calls for 2 years house arrest, sex offender treatment, and a potentially life-long sex offender label. Many in the public are concerned that the State is only prosecuting the case because the nature of the sexual relationship. According to…

  • BOCA RATON CRIMINAL DEFENSE ROUND UP

    15 May 2013 | 4:48 pm
    Let's catch up on some of the news: George Zimmerman has waived his right to a pre-trial "Stand Your Ground" hearing. We've already discussed the legal strength of the "Stand Your Ground" defense in Mr. Zimmerman's case. He need only prove by a preponderance of the evidence that he acted justifiably, which is a far lower burden than that required by the State to prove Mr. Zimmerman's guilt. The State has little or no evidence to contradict Mr. Zimmerman's claim that he reasonably feared for his life and that Trayvon Martin initiated physical contact. The State is presumably alleging a theory…
 
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    South Florida Criminal Law Blog

  • Florida High Court Reverses Drug Conviction for Man Wrongly Advised on Max Sentence - Alcorn v. State

    13 Jun 2013 | 10:38 am
    If you're charged with a crime in Florida, it is imperative that you have legal representation. As the Florida Supreme Court explains in Alcorn v. State, it's also important that the representation be effective. Alcorn was arrested and charged with possession and sale of cocaine, charges that carried a maximum possible sentence of life in prison because Alcorn was classified as a "habitual offender." He turned down a plea deal in which the State offered him a 12-year sentence in exchange for pleading guilty after his defense lawyer incorrectly advised Alcorn that the max sentence for the…

  • Supreme Court OKs DNA Testing for Arrestees

    3 Jun 2013 | 6:46 am
    The U.S. Supreme Court recently approved the practice of taking DNA samples from persons arrested for a "serious offense". In a 5-4 decision issued June 3, the high court ruled that the sampling is not an unlawful search under the Fourth Amendment and is justified in order to identify the arrestee, in the same way that police take a person's photos and fingerprints at the time of booking. "By comparison to the substantial government interest and the unique effectiveness of DNA identification, the intrusion of a cheek swab to obtain a DNA sample is minimal," Justice Anthony Kennedy explained…

  • High Court Says Use of Drug Dogs Outside Home Requires Probable Cause - Florida v. Jardines

    28 May 2013 | 6:11 am
    Earlier this year, the U.S. Supreme Court sent down a decision in Florida v. Jardines that is likely to have a big impact on law enforcement use of drug-sniffing dogs. The Miami-Dade Police Department and federal agents from the Drug Enforcement Agency sent a surveillance team to Jardines's home in 2006 after receiving an unverified tip that he was growing marijuana there. They saw no activity during the first 15 minutes, so two police officers approached the house along with a drug-sniffing police canine. The dog apparently smelled one of the drugs it was trained to trace and, after pacing…

  • Florida Court Revokes Pretrial Release for Man Charged with Stalking from Jail - Santiago v. Ryan

    22 May 2013 | 1:28 pm
    Many people who are charged with crimes in Florida are allowed to remain out of jail while preparing for trial. As the Third District Court of Appeal explains in Santiago v. Ryan, however, a defendant only gets "one shot" at release and is likely to end up behind bars if he or she violates the terms of the release. Santiago was arrested and charged with aggravated stalking following an incident with his ex-wife on Christmas 2012. He was served with a temporary injunction banning him from unwanted contact with the woman while awaiting processing at a local police station. A judge allowed…

  • Federal Agency Recommends Lowering Drunk Driving Limit

    15 May 2013 | 11:07 am
    If highway experts at one federal agency have their way, the number of drinks a person can have before getting behind the wheel legally is about to go down. The National Transportation Safety Board is urging states to lower the blood-alcohol content level at which drivers are considered legally drunk. The Board wants to see states lower BAC limits from .08 to .05, meaning a driver whose BAC meets or exceeds this level can be charged with driving under the influence. "Most Americans think that we've solved the problem of impaired driving, but in fact, it's still a national epidemic," NTSB…
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    South Florida Car Accident Law Blog

  • Florida Court Rules on Medication Records Access in Car Accident Case - Poston v. Wiggins

    12 Jun 2013 | 6:33 am
    6/12In Poston v. Wiggins, Florida's First District Court of Appeals ruled that a couple suing for injuries sustained in a car accident is entitled to get the other driver's pharmacy records for the year leading up to the crash. Mr. and Mrs. Wiggins were involved in a car accident with Mrs. Poston while Poston was backing out of a parking space. The couple sued Poston for negligence. In an answer to the Wiggins' complaint, Poston denied liability. She also said that she was not injured in the accident and provided information about her prescription medication use in the 12 hours prior to the…

  • Loss of Earning Capacity in Florida Car Accident Cases - Lagalante v. State Farm

    5 Jun 2013 | 6:07 am
    When a car accident happens, the resulting damage can extend far beyond busted tail-lights and broken bones, and often includes long-term effects like loss of future earning capacity. In Lagalante v. State Farm, the U.S. District Court for the Southern District of Florida explains that a person seeking the latter form of damages bears the burden of proving that his or her ability to earn money has been weakened because of the crash. Mr. Lagalante was injured in a car accident in Florida and later sued his insurance company for benefits from a uninsured/underinsured motorist policy. Following…

  • Third-Party Liability, Agency and Dangerous Instrumentalities in Florida Car Accident Cases - Roman v. Bogle

    29 May 2013 | 7:59 am
    In Roman v. Bogle, the Fifth District Court of Appeals explains two legal principles that often arise in cases where a person injured in a car accident attempts to recover damages from someone other than the negligent driver: agency and the dangerous instrumentality doctrine. The lawsuit stemmed from a tragic Florida car accident in which the driver (Mr. Gabriel) and his passenger (Valentin) were killed when the car allegedly ran a red light and was struck by a semi-trailer. Roman, Valentin's mother and the personal representative of his estate, sued for wrongful death. She filed the action…

  • Court Reverses Decision in Florida Auto Accident Citing Insurer's Failure to Make Disclosures - Gira v. Wolfe

    20 May 2013 | 10:03 am
    In Gira v. Wolfe, Florida's Second District Court of Appeals explains that an insurance company must make certain disclosures about a policyholder's coverage after he or she is involved in a car accident. Ms. Gira was injured in a July 2010 accident when she was struck by a car driven by Ms. Wolfe. Southern-Owners Insurance Company, Wolfe's auto insurer, sent Gira a check for $50,000 a month later. The package also included a disclosure statement required by state law in which the company indicated that the money represented the limits of Wolfe's policy for bodily injury. A space next to…

  • Damages in Florida Car Accident Cases Depend on Whether Injuries Are Permanent - Smith v. Llamas

    13 May 2013 | 12:11 pm
    In Smith v. Llamas, the Second District Court of Appeal took on an important issue in Florida car accident cases - whether a party's injuries are temporary or permanent - and explained that it should usually be decided by a jury. Llamas was injured in an April 2008 car accident when his car collided with a vehicle driven by Smith. Smith was traveling eastbound and attempted to make a left turn while Llamas was traveling westbound when the crash occurred. Llamas sued Smith for negligence, alleging that he suffered knee and neck injuries in the accident, which he said was caused by Smith's…
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    New York Restaurant Lawyers Blog

  • 4 Tips For Buying An Existing Restaurant

    28 May 2013 | 10:32 am
    The numbers are just awful: 25% of restaurants fail in their first year, 60% are closed by the third year, owners work 80+ hours a week, are overworked and ...and the list goes on. But, the allure of owning a restaurant or bar is as strong as ever, and aspiring restaurateurs still dream of opening their own establishment. For many would-be owner/operators, their best option is to buy a restaurant that is already up and running. Like anything else, this choice has its own risks and pitfalls. So what do you do if you are thinking of buying a restaurant, but have little or no experience? Look…

  • A Development Than Could Be Far Worse Than Health Care Reform, Minimum Wage Raises, and The Health Department...Combined.

    20 May 2013 | 1:00 pm
    The federal government's National Transportation Safety Board ("NTSB") issued a recommendation last week to lower the blood alcohol limit for driving from .08 to .05. If and when this change comes to New York, it will be a game changing threat to the restaurant, bar, and wine/liquor store industry. For a recent news article discussing the impact of the proposal on the restaurant industry, click here. Lowering the BAC levels for drunk driving will cause one of three things to happen: (a) alcohol sales will decline because customers will drink less, (b) table turns will slow down because…

  • Mandatory Sick Leave Expected to Pass NYC Council on May 8: Here is What You Need to Know Today

    6 May 2013 | 1:00 pm
    It is widely expected that the New York City Council will pass mandatory sick leave legislation at its May 8 meeting. The law will force all New York City employers to provide their employees with unpaid sick leave and will require many to provide paid sick leave. These new requirements will affect every business in New York City, as well as the professionals and consultants who service them. Here is a summary of the provisions of the law. For the full text of the bill, click here. If you would like to discuss how this law will affect your business or that of your clients, please feel free to…

  • A Checklist of All Signs Required To Be Posted in NYC Restaurants & Bars

    22 Apr 2013 | 9:26 am
    Restaurants and bars in NYC are required to post an incredible number of signs and permits in their establishments for their customers, employees, and inspectors. Keeping track of them all takes a huge amount of time and effort, and can be awfully confusing under the best of circumstances. To solve that problem, and help owners get into and stay in compliance will of this regulation, the New York City Hospitality Alliance has created a checklist of all of the required signs. The checklist should help save owners and operators valuable time which can be better used to manage and grow their…

  • $1 Slice Threatens Mid-Priced Manhattan Pizza Shops; Is Your Business Next?

    15 Apr 2013 | 10:24 am
    An article in today's Wall Street Journal by Sophia Hollander discusses a problem facing mid-priced Manhattan pizza restaurants: the rise of the $1 slice. According to the article, the $1 slice is putting substantial pressure on the mid-market pizza places in Manhattan. The $1 slice business model requires a very high volume of customers, which means that almost all of the $1 slice stores are in Manhattan, leaving the other boroughs largely unaffected. Pizza shops are coping and adapting to this development in different ways: expanding menus, cutting costs, adding locations, and focusing…
 
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    Marketing Attorney Blog

  • WMT: Facebook for Lawyers -- "Like" It?

    28 May 2013 | 9:17 pm
    As part of my monthly contributions to Web Marketing Today, I'm slowly working my way through the major social media sites. I started with LinkedIn, which has the most relevance to the most attorneys. In future months, I'll tackle Twitter. But this month, I address what is arguably the most powerful website on the planet--Facebook. Search Engines aside (i.e. Google), there is simply no website with more users and higher traffic. And, let's be honest, how can you do serious internet marketing and not be on the biggest site? So, is Facebook right for you and your law practice? READ ON...

  • California State Bar Discusses Lawyer Website Warning Labels

    27 May 2013 | 11:34 am
    Recently, a California State Bar committee discussed a controversial proposal that would put a red warning label on attorney profiles for those facing disciplinary charges. This would take the concept of a website disclaimer to new heights. Only in California. Actually, I'd say only in Florida. But, indeed, this comes out of the left coast. The proposal came from State Bar prosecutor Jayne Kim. It prompted an outcry from defense attorneys that felt accusations that had not been fully litigated and proven in court would lead to a serious hit on a law firms' business. The state delayed voting…

  • ABA President Reappoints Buchdahl to Standing Committee on Continuing Legal Education

    23 May 2013 | 11:29 am
    American Bar Association (ABA) incoming President James R. Silkenat has reappointed attorney Micah Buchdahl to a three year term on the Standing Committee of Continuing Legal Education (SCOCLE). The committee is a driving force behind all aspects of lawyer professional development and continuing legal education programming. Buchdahl is President of Moorestown, New Jersey-based HTMLawyers, a law marketing consultancy, where he works with law firms around the globe on business development initiatives and strategies. He is licensed to practice law in Pennsylvania. The ABA Center for Professional…

  • LPT: Professional Development

    15 May 2013 | 11:12 am
    For the May issue of Law Practice Today, focusing on the theme of professional development, I asked my colleague Megan Greenberg, formerly Director of Professional Development at Richards Layton in Delaware to lead the charge as issue editor. Megan's experience as a practicing attorney and PD director, along with her involvement in the Professional Development Consortium (PDC) made her the perfect person to put together leading experts and authors, with timely qualified topics on the ever-increasing role of PD in the law firm. If you are looking for a compendium of professional development…

  • May Day! New Advertising Rules in Florida Kick in Today

    1 May 2013 | 9:33 am
    After more than five years of deliberation and challenges such as Harrell v. Florida Bar, the Supreme Court of Florida's new advertising rules take effect today, May 1, 2013. While Florida remains a "sticky state" when it comes to advertising ethics rules, the state does a great job of providing guidance for compliance on the state bar website. Among the interesting areas to note is the loosening of restrictions as it relates to television, print and billboards, while there are stricter standards for websites and online marketing. The growth of directories, referrals services, social media…
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    Dallas Divorce Law Blog

  • How is the gay marriage controversy impacting the state of Texas and the family law practice area? What issues do attorneys need to be aware of?

    Michelle O&apos;Neil
    18 Jun 2013 | 8:50 am
      The gay marriage controversy is forcing all citizens of the state of Texas to reexamine what “marriage” means. Is marriage simply a religious concept implemented through the government that supports the traditional one man/one woman viewpoint? Certainly that is the current state of the law in Texas.  But many citizen voters seem to be expanding their consideration to include broader definitions of relationships. Gay marriage is one of these broader definitions.  Many citizen voters seem to be more willing to accept a civil definition of a relationship which the…

  • The Right of First Refusal - Is It Really in the Child's Best Interest?

    Katie Lewis
    17 Jun 2013 | 9:07 am
    What exactly is the Right of First Refusal? The Right of First Refusal requires a parent in possession of the children to notify the other parent if they are going to be away from the children for a certain extended period of time while in possession of the children. This allows the parent not in possession of the children the ability to have the children in lieu of the other parent having someone else watch the children. Generally, in Texas the Right of First Refusal is an agreed upon provision in a final order involving children as it is not a specific law found in the Texas Family Code. I…

  • Tedder v. Gardner Aldrich, LLP: Texas Supreme Court Holds Attorney Fees In Divorce Are Not Necessaries Under Spousal Support Statute

    Ashley Russell
    12 Jun 2013 | 7:01 am
    This ground breaking case out of the Texas Supreme Court could forever change the way attorney fees are requested, awarded, and recovered by law firms in Texas divorce proceedings by holding that legal fees incurred by a spouse in a divorce proceeding are not “necessaries” (food, clothing, essential medical care, habitation, etc.). This means that legal fees cannot be ordered as spousal support and the non-incurring spouse cannot be required to pay the other party’s attorney’s fees from their separate property. In the underlying Fort Worth divorce, Husband sued Wife…

  • Are you (facebook) friends with the Judge?

    Michelle O&apos;Neil
    11 Jun 2013 | 6:51 am
    One client complained… the opposing attorney is friends with the Judge on Facebook and can see his posts. Isn’t that wrong? All of us who use Facebook regularly know that being “friends” on Facebook is not the same thing as being friends in real life. I have many friends, including most of the judges I practice in front of, on Facebook. Some of those “friends” I would barely know if I saw them in person. A few I might not even recognize. I’m sure it is the same with the judges. I approach Facebook as a polite conversation that you might have at a…

  • Co-Parenting

    Katie Lewis
    10 Jun 2013 | 7:29 am
    Before, during and after divorce, parents struggle the most with effective co-parenting with their spouse or ex-spouse. When going through a divorce in Texas, the most important thing a parent can do for their child is to continue to communicate with their ex-spouse and foster their child’s relationship with the other parent. If custody is at issue, I tell my clients that the most important action a Judge can see is co-parenting. No matter what issues arose during the marriage or what precipitated the divorce, a parent must co-parent with their ex-spouse. Effective co-parenting consists…