• Most Topular Stories

  • Bainbridge on Fee-Shifting Bylaws

    Usha Rodrigues
    18 Nov 2014 | 12:28 pm
    5 days ago the WSJ published an opinion piece on Delaware's fee shifting bylaws.  I read it with interest, thinking "Maybe I should blog about that."  Life intervened. In the meantime, my friend Steve Bainbridge posted not one, but two blogposts--footnoted, no less--on the topic.  I feel dispiritingly inadequate.  But I also feel hearteningly efficient: Steve's made my work easier by first describing the fee-shifting bylaw on the merits (first post), and then applying an interest group analysis (second post) You should read both Steve's posts, but what grabs me is the interest-group…
  • False Anti-Muslim Speech Protected By 1st Amendment

    Religion Clause
    Howard Friedman
    28 Nov 2014 | 4:05 am
    In American Freedom Defense Initiative v. Southeastern Pennsylvania Transportation Authority ("SEPTA"), (ED PA, Nov. 25, 2014), a Pennsylvania federal district court granted a motion to exclude expert testimony on the falsity of language in an anti-Islam ad which an advocacy group wants to place on public buses. SEPTA refused to accept the ad under its policy to refuse copy that, among other things, disparages on the basis of religious belief.  AFDI sued claiming this rejection violates its free speech rights.  In the lawsuit, SEPTA sought to offer expert testimony that the…
  • Six Magic Words That Overcome a Competitor's Low Price

    Larry Bodine Law Marketing Blog
    Larry Bodine
    12 Nov 2014 | 4:50 pm
    Check out this forthright new blog post by Trey Ryder on Law Practice Advisor: You tell your prospect that you bill at $350 per hour. Your prospect responds by saying, "But another lawyer I interviewed charges only $175 per hour." Now, what should you say? One powerful way to respond to your prospect's comment is to get out a piece of paper and divide the sheet into two vertical columns. Put your name at the top of one column and the other lawyer's name over the second. In the first column, write down all the specific services, tasks and documents you include in your fee. In the…
  • Another NYS Bar Decision On Virtual Offices

    Sui Generis-a New York Law Blog
    7 Nov 2014 | 6:56 am
    This week's Daily Record column is entitled "Another NYS Bar Decision On Virtual Offices."  My past Daily Record articles can be accessed here. Another NYS Bar Decision On Virtual Offices In September I wrote about a recent decision on virtual law offices handed down by the New York City Bar Association in Formal Opinion 2014-2. In it, The Association of the Bar of the City of New York Committee on Professional Ethics concluded that it was ethically permissible for an attorney contemplating opening a virtual law office to use the VLO address as her “principal law office address” and…
  • Defense asks judge to require prosecution to try all 54 charges against immigration lawyer

    ABA Journal Daily News
    26 Nov 2014 | 1:30 pm
    A prosecution motion to dismiss most of the 54 charges against a Colorado immigration lawyer on the eve of trial is a transparent effort to…
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  • Prosecution roundup

    Walter Olson
    28 Nov 2014 | 7:13 am
    If you like civil forfeiture, you’ll love AG nominee Loretta Lynch [Rare Liberty] NYT “Room for Debate” tackles deferred prosecution agreements with contributions by James Copland, Lawrence Cunningham, others; Book by Ross Cheit seeks to rehabilitate mass-child-abuse prosecutions of 1990s, Cathy Young not convinced [Reason] “When miscarriages of justice occur, prosecutors must answer for actions” [Boston Globe on Bernard Baran case, earlier here and here] As Sierra Pacific case implodes, federal judge raises prospect that U.S. DoJ may have defrauded judges [Paul…
  • Holiday lights get much safer; CPSC pushes ahead with regs anyway

    Walter Olson
    28 Nov 2014 | 2:24 am
    According to an account in The Hill last month, “the number of deaths caused by Christmas lights has declined to about one person each year from a high of 13 people each year in the early 1990s.” That might seem like an encouraging record, leaving what might seem a low residual risk considering the millions of households that decorate with seasonal lights, but the Consumer Product Safety Commission (CPSC) is moving ahead with expensive regulations anyway [Hannah Yang, Heartland]. I’m quoted: The CPSC’s filing notes that less than one percent of holiday lights affected by…
  • Ferguson decision, cont’d

    Walter Olson
    27 Nov 2014 | 4:59 am
    PBS NewsHour “read and analyzed more than 500 pages of witness testimony and compared each statement to those given by [officer Darren] Wilson,” pulling together the results in this chart, which illuminates points where the witness testimony tended to help Wilson’s defense and where it did not; perhaps most surprising is how many questions he was apparently not asked. Prosecutor Robert McCullough managed the grand jury proceedings almost in the manner of a defense lawyer for the man facing charges, a strategy extremely unlikely to be repeated in the great majority of grand…
  • FDA issues calorie label mandate

    Walter Olson
    27 Nov 2014 | 4:09 am
    Another hidden gift inside the Affordable Care Act: mandatory calorie labeling for many restaurant menus. Walter Olson comments on the complications and potential unintended consequences of such a mandate. My new Cato podcast: the new FDA calorie labeling rules apply to not-so-big chains (20 +) of grocery stores and amusement facilities as well as restaurants, and make it less likely that servers and local managers will manage to vary from rigidly standardized recipes, menu listings and portion sizes based on knowledge of their local customers, temporary availability of attractive…
  • “Don’t forget the photo authorizations for your holiday party”

    Walter Olson
    26 Nov 2014 | 6:18 am
    As if your year-end celebrations weren’t heavily enough lawyered already, take heed of this reminder for employers in Ohio, and other states depending on local law. [Jon Hyman] While we’re at it: “8 Tips for Avoiding a Thanksgiving Lawsuit” [Hannah Bender, Property Casualty 360] Tweet Tags: Christmas and other holidays, Ohio, photography, right of publicity, workplace “Don’t forget the photo authorizations for your holiday party” is a post from Overlawyered - Chronicling the high cost of our legal system
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    Solo Practice University®

  • Solo Practice University Makes the ABA Blawg 100 (Again)

    Susan Cartier Liebel
    25 Nov 2014 | 9:07 am
    I’ve been blogging for 7 years, first under Build A Solo Practice, LLC, and then moved over to Solo Practice University five and a half years go.  We’ve been in the ABA Blawg 100 several times over the last seven years and we enjoy the recognition although it’s not our raison d’etre. This year I’m personally reaching out for your vote because this blog wouldn’t be what it is without all our great columnists, guest bloggers and guest lecturers who share their experiences with you. Your vote is a major thank you to them for taking the time to share their…
  • If You Can’t Join Them, Beat Them

    Susan Cartier Liebel
    24 Nov 2014 | 5:36 am
    I posted this little factoid on our Facebook page the other day: “The statistics are unsettling: Approximately 34% of attorneys in private law firm practice are females and only 3% of these women are in a management partnership at the largest 200 law firms. And if women make it to the top, they’ll likely be subject to gender-based income discrepancy, with female shareholders at the largest 200 firms making 89% of what their male colleagues are earning, according to the American Bar Association.” I followed it up with the statement, ‘It’s a compelling argument to go…
  • Why You Have To Sweat the Small Stuff

    Laura Loyek
    20 Nov 2014 | 5:30 am
    Attorney Jane Brooks* has a successful solo practice and enjoys a great reputation in her community.  In more than thirty years of practice, she had never had a malpractice claim.  That changed with one real estate matter.  Her story is a reminder that a minor mistake can have huge consequences and that the devil truly is in the details. In late December 2012, Brooks received a call from Thomas Kelly about a real estate closing.  Kelly explained that he had been attempting to sell a piece of property for years and had finally found a buyer.  There were a few issues.  The buyer was not…
  • Leaving Your Employer on Good Terms

    Joleena Louis
    18 Nov 2014 | 5:30 am
    One of the issues I was concerned about the most when I decided to go solo was how to leave the firm I was working for. It was a small family owned firm and I had grown close to everyone there. Despite my reasons for leaving and any problems I may have had with them it was important to me to be professional and leave on good terms. I think I stayed a little longer than I should have because I really didn’t know how to tell them that I was leaving. I still wanted to have a positive relationship with them when I left and I didn’t want to burn any bridges. So I reached out to my network for…
  • Taking Home The Bacon

    Susan Cartier Liebel
    17 Nov 2014 | 5:30 am
    When I first started consulting many years ago, one of my first clients was a lawyer debating going solo after realizing he could earn far more on his own than trying to become a partner in the firm where he worked.  In order to get a raise he would have had to triple his earnings for the firm.  When he realized if he was going to work that hard it might as well all go in his own pocket,  going out on his own was just too obvious a solution to ignore. But it’s not just about numbers. We went through all the pros and cons, his unique situation, his goals for both his personal and…
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    Simple Justice

  • You’re Ugly And You Dress Funny Too

    28 Nov 2014 | 6:50 am
    There is no shortage of assertions that the harm suffered by words is real, so much so that those contending that hurtful words must be criminalized are no longer expected to explain why. It’s understood.  Thus, an intermediate appellate opinion out of Iowa discussed by Eugene Volokh either reflects  a return to sanity or an abomination, according to which side you take. The facts are somewhat interesting, at least for those of us who were unaware that there are so many young women who go by the nickname “T-bitch” that it creates confusion. On February 20, 2013, three high…
  • When Did You Stop Beating Your Wife?

    28 Nov 2014 | 5:59 am
    The fact that professional football players are idealized, not to mention paid a far better salary than they are likely to get in any non-sports related occupation, it’s perfectly understandable that the public would focus, and focus hard, on such outrageous misconduct as Ray Rice sucker punching his fiancé (later wife) in an elevator.  And it’s similarly understandable that the NFL come under severe negative scrutiny for trivializing it until a very bright light was shined on its callousness. So what explains cops? Conor Friedersdorf explains: And there is another American…
  • Dead Wrong About Tamir Rice

    27 Nov 2014 | 5:13 am
    When news of the killing of 12-year-old Tamir Rice broke, I tried to be the honest broker I aspire to be. Tragic outcomes don’t necessarily mean wrongful causes.  Sometimes a tragedy occurs and there is no one to blame. This may be one of those times. No.  This was not “one of those times.”  I was wrong. Dead wrong. Tamir Rice was executed. I was impressed by the way in which the police appeared to immediately “come clean” with the details of the shooting, with the disclosure of the 911 recording that showed that they were open to criticism, and yet gave it up…
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    Law and Magic Blog

  • Apps-Solutely Magic!

    26 Nov 2014 | 10:52 am
    Kit Eaton of the New York Times offers up reviews of these apps for the SmartPhone that may not turn you into a Vegas conjuror. But they look like fun, anyway.
  • The Amazing Career of the Amazing Randi

    7 Nov 2014 | 1:03 pm
    In the New York Times, a long article about the career and opinions of James "The Amazing" Randi. Adam Higginbotham discusses not just Randi's work but lawsuits brought against him by Uri Geller, and recent problems his longtime companion has had with U.S. Immigration.
  • Coolini!

    5 Nov 2014 | 8:19 am
    Magician Smoothini on America's Got Talent, courtesy of the San Francisco Globe. More here from the America's Got Talent website.
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    What About Clients?

  • Publishing: Got an unpublished novel?

    JD Hull
    26 Nov 2014 | 3:45 pm
    If you do, visit Double Bridge Publishing. Double Bridge uses crowdsourcing to get unpublished books critiqued, edited, cover-designed, published, marketed and distributed.
  • On Thank You Notes.

    JD Hull
    25 Nov 2014 | 3:09 am
    The Governess, 1739, Jean-Baptiste-Simeon Chardin (1699-1779) In case your Governess never told you, you're from Mountain Grove, Missouri* or you were stoned all seven years at Hotchkiss, remember that when thanking anyone for something important--a meeting, referral or a dinner--do it and do it promptly with a handwritten thank-you note. We all fail here from time to time. Yet no valid excuses exist for not writing short prompt notes. Too few of us practice gratitude, in either business or our "other" lives, enough. Some say the practice of saying thanks is good for the soul. Others swear…
  • Happy Birthday to the other Wild Bill.

    JD Hull
    24 Nov 2014 | 6:04 pm
    Happy Birthday to the world-changing conservative and libertarian--he called himself both--the late William F. Buckley, Jr., who died (on my own birthday) six years ago at the age of 82. No matter what our political views are or were, we wish he were still part of the American conversation. He was born in 1925. Boy wonder, author, Renaissance man, publisher, editor, ex-CIA operative, accomplished sailor, harpsichordist, novelist, founder of the National Review, co-founder of YAF, author of over 40 books and crafty Gore Vidal-fighter, Buckley was, for lack of a better word, exotic. His…
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    Legal Juice

  • This Kid Was Put Through A Trial For Knocking Over A Trash Can?

    John Mesirow
    27 Nov 2014 | 9:04 pm
    Yes, it’s important to follow the law. And yes, sometimes the state must pursue cases based on principle. But this case? Really? As reported by The Juneau Empire, here’s what happened: Prosecutors said 19-year-old Tyler John Leatham angrily pushed over and damaged a trash can receptacle in the lobby of the fast food restaurant after he didn’t receive the correct amount of change back for his meal. Hang him! Here’s how Mr. Leatham described it: Outside the courtroom, Leatham told the Empire it wasn’t even his money that was in question. Leatham said he and his friend were…
  • Don’t “Fear The Turtle,” But The Owner? Be Afraid.

    John Mesirow
    26 Nov 2014 | 9:04 pm
    Fans of the Maryland Terrapins have a saying: Fear the Turtle. In this case, it has to be altered slightly: Fear the Turtle’s Owner.  As reported by The Palm Beach Post: On Tuesday morning, Palm Beach County Sheriff’s deputies were called to the 500 block of West Kalmia Drive, just east of Old Dixie Highway between Northlake Boulevard and Park Avenue in Lake Park. [Marie] Seymour [age 53] and her boyfriend were drinking when he said he would harm her turtle and allegedly came after her, according to her recount of the events. The turtle’s name was not released. You did not just…
  • You’re Banning Comedy Central?

    John Mesirow
    25 Nov 2014 | 9:05 pm
    It’s no joke. A court in India has temporarily banned Comedy Central. As reported by Entertainment channel Comedy Central has gone off-air for at least five days after the government found its shows having “obscene” and “vulgar” dialogues besides being derogatory to women. The Delhi High Court had on Monday upheld the Centre’s decision to stop the channel’s transmission for 10 days and also imposed a fine of Rs. 20,000 payable to the Centre. “We have carefully perused the contents of the two programmes to which objection has been taken…
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    Ask the Lawyer @ Dear Esq.

  • Can My Fiance Adopt My Daughter?

    House Attorney
    25 Nov 2014 | 9:30 pm
    I recently was in college in Oklahoma where I had a boyfriend and I ended up getting pregnant, but before I knew I was I had broken up with him and moved back home in Wisconsin. I am currently engaged to someone who is willing to adopt my child and the biological father is willing to relinquish parental rights, as long as he does not have to pay child support.
  • Do I Have Legal Custody of My Children?

    House Attorney
    24 Nov 2014 | 9:37 pm
    I am a 21-year-old father of two boys - Carter age 3 and Mason age 2. I reside in Wichita Kansas. The mother of my children and myself signed an agreement for the custody of the boys s
  • Can I Charge My Town for the Temporary Use of My Property?

    House Attorney
    22 Nov 2014 | 7:47 am
    My town wants to use an easement on my property for traffic due to repairs of a bridge that they will close for about 1 year. Can this be leased with a fee to the town? What other options are there?
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    JURIST - Paper Chase

  • UN committee urges US to investigate police brutality

    28 Nov 2014 | 11:52 am
    [JURIST] The UN Committee Against Torture [official website] has urged the US [report, PDF] to begin prompt, impartial investigations into all cases of police brutality and excessive use of force by police officers, and to limit the use of electrical discharge weapons. The committee expressed concern over the use of force against people of "certain racial and ethnic groups, immigrants and LGBT individuals, racial profiling by police and immigration offices and growing militarization of policing activities," especially in Chicago, where according to the committee, there have been reports that…
  • France plans to recognize Palestinian state if peace talks fail

    28 Nov 2014 | 8:48 am
    [JURIST] French Foreign Minister Laurent Fabius [official profile] in a speech before parliament Friday stated that France would recognize a Palestinian state if international efforts to end the Israeli-Palestinian conflict fails. The French Parliament will hold [Reuters report] a symbolic vote on December 2nd on whether the government should recognize Palestine as a state. In addition, Fabius acknowledged that the French government is drafting a United Nations Security Council [official website] resolution, which if adopted would launch and conclude statehood negotiations within two years.
  • UK PM threatens to leave EU if no welfare payments changes allowed

    28 Nov 2014 | 8:16 am
    [JURIST] UK Prime Minister David Cameron [official website] in a speech Friday raised the possibility of the UK leaving the EU if other member state leaders block plans to restrict access to welfare payments for migrants. Cameron outlined proposed welfare reform [Bloomberg report] which would block European migrants to the UK from receiving welfare payments or state housing until they have been UK residents for four years. Cameron also advocated for restricting unemployment benefits for individuals who do not have job offer before they get to Britain, and deporting migrants if they are not…
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    The Criminal Lawyer

  • Ferguson Q&A

    25 Nov 2014 | 7:14 pm
    From Tumblr: I haven’t seen the actual evidence yet, so I’ll hold off on analyzing the case just yet. As for the prosecutor’s actions? I think it was a strategy of wussing out. Let me explain: I’m pretty sure the prosecutor decided early on that either (1) there was no crime here, or (2) there was insufficient evidence to prove one beyond a reasonable doubt, and that therefore the case should not be prosecuted. (IIRC, the DOJ also looked at the evidence and said they weren’t going to proceed criminally.) I myself have no idea whether this ought to have been prosecuted or not, but…
  • How to be a good lawyer: Keith Lee’s “The Marble and the Sculptor”

    5 Nov 2013 | 8:26 am
    The Marble and the Sculptor Keith Lee American Bar Association, November 2013, 180 pages, $24.95   I don’t like self-help books. They usually contain a single insight, repeated fifteen different ways, and padded out with anecdotes to fill a couple hundred pages. What might have made an excellent magazine article or blog post becomes a dreary monotone of “omg-check-this-out-guys!” hype. I don’t like books on the practice of law. When they aren’t just plain foolish, written by marketing types who don’t get the concept of a learned profession,…
  • Let’s Make a New Law!

    24 Oct 2013 | 8:59 am
    Any moderately well-informed person these days is aware of the shocking injustices that happen whenever criminal laws get written by people who don’t really understand what criminal law is, or how it works. (Brilliant summary here.) They tend to create crimes that are ill-defined, overbroad, and usually an overreaction to the perceived harm. The results can be pretty bad. How much more cause for concern, then, when the proposed crime violates not only the fundamental principles of criminal jurisprudence, but cherished individual rights that have nothing to do with crime? And how much…
  • Q&A Dump

    6 Sep 2013 | 6:35 am
    I’m on the road today, but I wanted to post something. So I’m going to cheat and cut-and-paste some recent Q&A posts from my Tumblr. If you’re looking for a longer read, go check out my comic, which just completed a long section involving how the Fourth Amendment plays out during different kinds of car stops. From today: I don’t know all the facts, of course, and I’m not a Florida lawyer, but from what I’ve read it seems to me like the defense doesn’t have a winning argument here. It’s not unethical to make a losing argument, and lawyers often feel obligated to…
  • Is Ray Kelly a Complete Idiot?

    19 Aug 2013 | 8:48 pm
    As we all know, Judge Scheindlin ruled that the NYPD’s stop-and-frisk program was unconstitutional. This should have come as no surprise. Our Fourth Amendment law forbids a police officer from stopping you without first having reasonable suspicion to believe that you are up to no good. Police officers were stopping people without any reason to believe they might be up to anything. That this was unconstitutional should surprise nobody. Once you’ve been stopped, Fourth Amendment law forbids a police officer from frisking you without first having reasonable suspicion to believe that…
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  • Symposium on Administrative Reform of Immigration Law-- Collected Posts

    26 Nov 2014 | 2:42 pm
    Here are the collected posts for the symposium:Adam Cox &Cristina Rodriguez, Symposium on Administrative Reform of Immigration LawMarty Lederman, What it is *not*: Dispelling the myths of the new DHS immigration initiativeAdam Cox &Cristina Rodriguez, Executive Discretion and Congressional Priorities  Ahilan Arulanantham, Two Rationales for Administrative ReliefDavid Alan Sklansky, Prosecutorial Discretion Through the Looking GlassBruce Ackerman, Like the Emancipation Proclamation, Obama's order forces democracyBruce Ackerman, Playing Politics with the Office of Legal…
  • Concluding Thoughts: Line Drawing, the Separation of Powers, and the Responsibilities of the Political Branches

    Guest Blogger
    26 Nov 2014 | 2:15 pm
    Adam B. Cox & Cristina M. Rodriguez  For the Symposium on Administrative Reform of Immigration LawBefore we weigh in with our final thoughts, we would first like to thank Jack Balkin for generously making this forum available to us, to explore the implications of President Obama’s latest and sweeping use of his executive authority to reform immigration law. We also are indebted to the wonderful collection of scholars and attorneys who contributed their thoughts, almost in real time, to a debate that is sure to continue and that has potentially profound implications for law…
  • Even if it’s lawful . . . should we be concerned that it might set a dangerous precedent?

    Marty Lederman
    25 Nov 2014 | 5:21 pm
    [For the Symposium on Administrative Reform of Immigration Law]Let’s assume OLC is correct that the new Obama/DHS immigration initiative complies with all of the relevant immigration laws.  Even so, was it unwise, or regrettable, for the President to go down this road because the exercise of the sort of enforcement discretion at issue in this case might set a dangerous precedent that future executives could exploit?  I addressed this question briefly in Point 7 of my original post  Several commentators, however—include some who are quite sympathetic to the…
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  • "We motivated each other to not go to sleep, keep yelling, keep moving our bodies, trying to break out."

    28 Nov 2014 | 6:37 pm
    "Cause I knew if we would’ve fallen asleep…we probably wouldn’t have woke up because we would be so cold, frozen probably."Said the 11-year-old boy who was buried for hours — along with his 9-year-old cousin — under 5 feet of snow dumped on them by a snow plow.
  • "I always tried to be as concise as possible, all to try and reach everyone..."

    28 Nov 2014 | 6:32 pm
    "... but especially the simple people, those who needed to be reached more than anyone else."Said Chespirito (Little Shakespeare).
  • "The smell of opium is the least stupid smell in the world."

    28 Nov 2014 | 2:36 pm
    Something Picasso said to Jean Cocteau, according to Cocteau's "Opium: The Diary of an Addict."Why did I find that?  I was looking for something else. I'd been saying that the "Only reason to analyze art is to figure out how to copy it," and that connected to a well-known saying: "Good artists copy; great artists steal." But who said that? Steve Jobs? Pablo Picasso? T. S. Eliot? W. H. Davenport Adams? Lionel Trilling? Igor Stravinsky? William Faulkner? Apocryphal?That made me remember something I'd read more than 30 years ago: Picasso was staring at a Cezanne painting, and someone asked…
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    Concurring Opinions

  • Presidential Censure

    Gerard Magliocca
    28 Nov 2014 | 9:35 am
    In the wake of the President’s executive order on immigration, at least one Republican member of Congress has called for a Censure Resolution declaring the President’s conduct either unlawful or wrong.  (I’m not sure which.)  The precedent for this during Andrew Jackson’s presidency, which I talked about in my first book, is very problematic given that only the Senate censured the President, Jackson protested that the resolution was unconstitutional, and the resolution was later repealed by the Senate. Here’s a broader question.  Is there any limit on…
  • She Blinded Me With Science – Redux

    Deven Desai
    27 Nov 2014 | 11:03 am
    Scientists/musicians at Cambridge have made a cover of Thomas Dolby’s She Blinded Me With Science (video below). As Cambridge News explains, the “video features a number of young women scientists including a material scientist, laser physicists and an epidemiologist. All proceeds from the song will go to ScienceGrrl, an organisation dedicated to celebrating and supporting women in science.” Seems like a cool project. The video could be a start to featuring more women in science (By my count there are five women in the video, which may be a function of how many can be…
  • Oh Barbie, Not Again! Mattel’s View of Women and Science

    Deven Desai
    27 Nov 2014 | 10:30 am
    Apparently, Barbie again thinks that women are limited when it comes to science. Mattel seems to be trying to get on board with with STEM and women. They commissioned a book Barbie: I Can Be A Computer Engineer. Unfortunately, according to The Sydney Morning Herald, the book has Barbie as only able to design and not code, and she seems not to have a sense of computer security. The online outrage has prompted a recall of the book. The writer claims that Mattel required Barbie to be “more polite.” Mattel has claimed the book, which came out in 2010, does not reflect current Barbie…
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    Sui Generis-a New York Law Blog

  • The Ethics of Communicating With Clients Online

    20 Nov 2014 | 12:23 pm
    This week's Daily Record column is entitled "The Ethics of Communicating With Your Clients Online."  My past Daily Record articles can be accessed here. The Ethics of Communicating With Your Clients Online I’ve been writing about cloud computing — where your data and software are stored on servers owned and maintained by a third party — since 2008. And for years now I’ve asserted that Web-based computing is the future and that lawyers can ethically use it for the purposes of storing confidential client information as long as they exercise reasonable care in choosing their legal…
  • Another NYS Bar Decision On Virtual Offices

    7 Nov 2014 | 6:56 am
    This week's Daily Record column is entitled "Another NYS Bar Decision On Virtual Offices."  My past Daily Record articles can be accessed here. Another NYS Bar Decision On Virtual Offices In September I wrote about a recent decision on virtual law offices handed down by the New York City Bar Association in Formal Opinion 2014-2. In it, The Association of the Bar of the City of New York Committee on Professional Ethics concluded that it was ethically permissible for an attorney contemplating opening a virtual law office to use the VLO address as her “principal law office address” and…
  • NY bar on ethics of cloud computing – again

    22 Oct 2014 | 6:22 am
    This week's Daily Record column is entitled "NY bar on ethics of cloud computing – again."  My past Daily Record articles can be accessed here.  NY bar on ethics of cloud computing – again  New York state has long been on the cutting edge of addressing the ethics of using different technologies in the practice of law. So it was no surprise when the New York State Bar was one of the first to confront the ethics of cloud computing when the Committee on Professional Ethics handed down Op. 842 in 2010, which addressed the ethics of storing confidential client data online. In that…
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  • Does The Revolving Door Work Differently For Bank Supervisors

    David Zaring
    25 Nov 2014 | 8:14 am
    We write about the revolving door here, and elsewhere, and we're not as worried about it as some.  So what to make of Goldman's hiring of Fed bank supervisors?  The critical problem here is that one hire may have brought (or obtained) Fed information to his new job at Goldman.  Since the bank supervisor relationship is supposed to be pretty confidential - why would a bank let you examine their books if you're going to talk about their positions to their competitors? - this is a big deal.  And also because of the ethics rules that generally require you to stay off of matters you worked on…
  • Conflict Minerals Rule Heads For Panel Rehearing

    David Zaring
    19 Nov 2014 | 10:53 am
    Which means a redo of the argument.  We'll outsource, via Corporate Counsel, to Cooley: The D.C. Circuit court of Appeals has granted the petitions of the SEC and Amnesty International for panel rehearing (and the motion of Amnesty to file a supplemental brief) in connection with the conflict minerals case,National Association of Manufacturers, Inc. v. SEC. (The Court also ordered that the petitions filed for rehearing en banc be deferred pending disposition of the petitions for panel rehearing.) [In prior litigation, the D.C. Circuit,] "specifically citing the NAM conflict…
  • Bainbridge on Fee-Shifting Bylaws

    Usha Rodrigues
    18 Nov 2014 | 12:28 pm
    5 days ago the WSJ published an opinion piece on Delaware's fee shifting bylaws.  I read it with interest, thinking "Maybe I should blog about that."  Life intervened. In the meantime, my friend Steve Bainbridge posted not one, but two blogposts--footnoted, no less--on the topic.  I feel dispiritingly inadequate.  But I also feel hearteningly efficient: Steve's made my work easier by first describing the fee-shifting bylaw on the merits (first post), and then applying an interest group analysis (second post) You should read both Steve's posts, but what grabs me is the interest-group…
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    Ms. JD Blog

  • An Interview with Jessie Kornberg—First Female CEO of Bet Tzedek

    21 Nov 2014 | 6:18 am
    Jessie Kornberg, who previously served as Ms. JD’s executive director, recently was named the first female CEO of legal services nonprofit Bet Tzedek. Ms. Kornberg will leave her position with Los Angeles-based firm Bird Marella in December 2014 to begin her tenure at Bet Tzedek. I recently spoke with Ms. Kornberg about her new position, what drives her pro bono service, and what advice she’d give to law students and young lawyers. You don’t come from a family of lawyers. What inspired you to attend law school? I started thinking I would go to law school in the 5th…
  • Ms. JD Weekly Roundup: Week ending November 21, 2014

    Ms. JD Weekly Roundup
    21 Nov 2014 | 12:55 am
    When Deborah Misir requested a trial delay due to her high-risk pregnancy, the judge questioned her travel plans and her request has now been denied. In recent months, we’ve also seen a judge refusing to postpone a hearing forcing an attorney on maternity leave to bring her newborn daughter to court while the Illinois Board of Admissions to the Bar is reviewing their decision to deny certain accommodations requested by an applicant that would allow her to breastfeed during the exam. It is no secret that becoming a parent presents unique challenges; Susan Smith Blakely addressed the…
  • The Protégé Effect: Teaching as a Study Tool in Law School

    19 Nov 2014 | 3:39 pm
    My poor husband, a lawyer, has had the misfortune of experiencing law school twice. First, he actually completed it himself, and now he lives through it again as I explain endless legal doctrines to him each semester at home. He's a good sport. He listens and asks questions as if he doesn't know the answer. He lets me teach him what he already knows. I've had quite a bit of success in law school. I have excelled on exams, done well applying what I've learned at work, and secured a post-graduation job. I attribute much of that success to my method of learning; I teach to…
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    Biker and Motorcycle Accident Lawyer Blog

  • Happy Veterans Day 2014 from Biker Law Blog

    Norman Gregory Fernandez
    11 Nov 2014 | 3:23 am
    California Attorney and Military Veteran Norman Gregory Fernandez in Basic Training, March 1981, age 17. Many moons ago on a sunny day, my girlfriend, my father, and my childhood friend who I grew up with drove me from the San Fernando Valley to Los Angeles Airport for my trip to United States Air Force basic training. I had just turned 17 a few months earlier, and hadn’t even started shaving yet. It was February, 1981. All my friends were still in high school, and 12 grade. I opted to skip 12 grade to go into the military. I was a long haired blond kid from the San Fernando Valley dressed…
  • My Sturgis Motorcycle Rally and Yellowstone Picture Movie

    Norman Gregory Fernandez
    31 Aug 2014 | 12:50 pm
    On July 31 – August 13th, 2014 I traveled to the 74th Annual Sturgis Motorcycle Rally and to Yellowstone for the 3rd consecutive year. The below movie is a slideshow movie of the pictures I took at the Sturgis Motorcycle Rally and Yellowstone. This year I took less pictures than last year because I concentrated more on riding, and I was rained in for about a day and a half on this trip. Enjoy the movie. Click here to view the embedded video. By Biker Lawyer and California Motorcycle Accident Attorney Norman Gregory Fernandez, Esq., © August 31, 2014 The post My Sturgis Motorcycle Rally…
  • How to get to your fuse panel on your Harley Davidson Electra glide motorcycle

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

  • Sex OK If Attorney-Client Relationship Over; Dissent Calls Majority Decision A "Work Of Fiction"

    Legal Profession Prof
    28 Nov 2014 | 7:24 am
    The West Virginia Supreme Court of Appeals disagreed with a hearing panel subcommittee of its Lawyer Discipinary Board and found no misconduct resulted from a sexual relationship between an attorney and his former client. Notably, the attorney had not opposed...
  • Conviction Reversed; Prosecutor Knowingly Used Perjured Testimony

    Legal Profession Prof
    27 Nov 2014 | 4:48 am
    The Indiana Court of Appeals had reversed a burglary conviction based on its conclusion that the prosecution knowingly used perjured testimony. The case involved the robbery of a Dollar General in December 2012. A video showed that the perpetrator was...
  • Domestic Violence Suspension

    Legal Profession Prof
    26 Nov 2014 | 11:09 am
    The Oklahoma Supreme Court has imposed a suspension of two years and a day for an attorney's domestic violence conviction On or about the evening of July 3, 2011, Respondent's wife and two children were sleeping in their car to...
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  • Cloud Computing for Lawyers in British Columbia

    18 Nov 2014 | 2:04 pm
    A fascinating blog post about the uncertainty surrounding the use of any non-British Columbia cloud providers by BC lawyers. See Did the LSBC Just Kill Cloud Computing for Lawyers in BC?. (Select the title of this post to view a link to the article.) The President of the BC Law Society clarified her remarks that prompted the more
  • Law Firm Sued Over Text Message Advertisements

    20 Oct 2014 | 10:58 am
    A Connecticut resident is attempting to bring a class action suit against a New York law firm for allegedly violating a consumer protection law by sending out unsolicited text message advertisements.
  • Flying in the Clouds: A Safety Checklist

    23 Jul 2014 | 11:57 am
    Law Technology News published an article that reviews ethical and technical issues to consider when using cloud services. (
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    China Law Blog

  • Happy Thanksgiving To You Our Wonderful Readers

    27 Nov 2014 | 7:01 am
    On this Thanksgiving Day, we want to take a bit of a time out to express those things related to China for which we are thankful. Just to be clear, we are focusing on China, not because we think China takes priority over everything else (because it does not), but merely because this is a China blog. So with that caveat, here goes: 1. We are thankful for our readers, here and on our Linkedin and Facebook pages. We are thankful for your loyalty and we are especially thankful for our being able to interact with you. We are thankful for your comments, from which we learn all sorts of new…
  • How To Sue Chinese Companies, Part 4

    25 Nov 2014 | 7:41 am
    This is Part 4 of this series on how to sue a China company. This is the final post explaining what you can do to try to secure redress against a Chinese company that owes you money or has wronged you. Part 1 dealt with jurisdiction and on Hague Convention service of process. Part 2 was on conducting discovery against a Chinese company. Part 3 discussed overall litigation strategies and how to enforce a judgment against a Chinese company. This final post will focus on arbitrating against Chinese companies in the United States and in China and on litigating against Chinese companies…
  • China Guanxi: You Don’t Have It.

    23 Nov 2014 | 3:58 am
    Five days ago, I wrote a post on Linkedin, entitled, China Guanxi: You Don’t Have It.  That post essentially counsels to be skeptical of any foreigner who claims to have guanxi and goes on to discuss why this is so and why guanxi is overrated in any event. The post lists out the following reasons for why guanxi is not as valuable as touted: No foreigner can create a Chinese-style guanxi network. Guanxi refers to a vast network of connections arising from party, family, and work connections that may go back several generations. No guanxi network relies on a single individual. The…
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    Patently-O » Patent

  • USPTO Backlog

    Dennis Crouch
    25 Nov 2014 | 8:29 pm
    The backlog of pending cases generally has two major inputs: (1) how many applications are filed and (2) how fast the USPTO is at examining those applications.  The USPTO is operating faster than ever, but we also have more applications than ever.  I expect that the figures here will drop dramatically in FY2016.
  • Patent Jobs 2014

    Dennis Crouch
    25 Nov 2014 | 3:03 am
    We have a new set of Patent Law job postings on the Patently-O Job Board: Patent Attorney/Agent – Law Firm – Washington, D.C. Patent Attorney – Law Firm – Chicago, IL Patent Attorney – Law Firm – Alexandria, Va. IP Paralegal/Docketing Specialist – Law Firm – Milwaukee, Wisc. Patent Attorney or Agent – Law Firm – Salt Lake City, Utah Patent Attorney / Design Lawyer – Law Firm – Silver Spring, Md. Patent Engineer – Small Corporation – San Francisco, Calif. Associate Attorney – Law Firm – Pittsburgh,…
  • Vail 2015

    Dennis Crouch
    24 Nov 2014 | 5:03 pm
    I will be part of the faculty of the Intellectual Property Law Program at the National CLE Conference in Vail, Colorado January 7-11, 2015,  I hope to see you there. For a $100 discount, use the promo code FACULTYINSIDER. – Dennis
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    Religion Clause

  • False Anti-Muslim Speech Protected By 1st Amendment

    Howard Friedman
    28 Nov 2014 | 4:05 am
    In American Freedom Defense Initiative v. Southeastern Pennsylvania Transportation Authority ("SEPTA"), (ED PA, Nov. 25, 2014), a Pennsylvania federal district court granted a motion to exclude expert testimony on the falsity of language in an anti-Islam ad which an advocacy group wants to place on public buses. SEPTA refused to accept the ad under its policy to refuse copy that, among other things, disparages on the basis of religious belief.  AFDI sued claiming this rejection violates its free speech rights.  In the lawsuit, SEPTA sought to offer expert testimony that the…
  • District Courts Reach Conflicting Results In Challenges To ACA Religious Non-Profit Contraceptive Accommodation

    Howard Friedman
    28 Nov 2014 | 4:00 am
    In Association of Christian Schools International v. Burwell, (D CO, Nov. 26, 2014), a Colorado federal district court upheld the Obama administration's most recent accommodation for religious non-profits that have conscience objections to the contraceptive coverage mandate under the Affordable Care Act.  The court rejected RFRA challenges by 5 non-profits, concluding that the accommodation "imposes a de minimis rather than a substantial burden on plaintiffs’ religious exercise."  The court explained:All that plaintiffs are required to do under the new accommodation is…
  • Suit Says Police Promoted Prayer Vigil

    Howard Friedman
    27 Nov 2014 | 4:05 am
    The American Humanist Association announced this week that it has filed an Establishment Clause lawsuit against the City of Ocala, Florida and its police department over a Sept. 24 community prayer vigil.  The complaint (full text) in American Humanist Association, Inc. v. City of Ocala, Florida, (MD FL, filed 11/24/2014), says that police in their uniforms spoke and preached at the vigil which had been promoted by the police chief on the police department's Facebook page.  The suit seeks a declaratory judgment and injunction.
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  • Thanks to nothing?

    Ron Coleman
    26 Nov 2014 | 9:57 am
    Originally published at Dean’s World, Thanksgiving 2006: A million essays and blog posts will explore the topic of “being thankful” in the next 24 hours. I’d say, based on a perusal of a Google search I just ran, that at least 80% of these pieces talk about “being thankful” with no reference whatsoever to Whom (or even whom) one should be thankful. It is an utter logical dead end. You cannot, by definition, have “thanks” without an object of thanks. It is meaningless. thank TRANSITIVE VERB: thanked , thank·ing , thanks 1. To express gratitude…
  • Wal-Mart pushed back on dubious trademark threats

    Ron Coleman
    19 Nov 2014 | 9:23 am
    Originally posted 2006-03-08 13:33:28. Republished by Blog Post PromoterMarketWatch reports this story about an opinonated gent who’s suing Wal-Mart for a declaratory judgment: Smith said he was making a point by comparing the giant retail company to the Nazis by creating T-shirt designs that played off the Bentonville, Ark., firm’s familiar logo, including “I (heart) WAL*OCAUST. They have family values and their alcohol, tobacco and firearms are 20% off,” the newspaper reported. Wal-Mart launched a legal battle by writing a cease-and-desist demand that led Smith to…
  • Well, yes, I do have fun (UPDATED)

    Ron Coleman
    19 Nov 2014 | 9:23 am
    I hate @RonColeman because he has more fun practicing law than I get to have. Hate. Hate. Hate. — The Original SPQR (@SPQRzilla) October 27, 2014 Yes, it looks like a lot of fun, doesn’t it?Sometimes it is.  I recognize that I am very fortunate in that regard, considering how seldom it is (fun) for many of my colleagues.  Which, I’m pretty sure, is very seldom. I always want to recall the time an older colleague and sometimes-mentor said to me, as we sat as co-counsel in the well before a jury trial in federal court, “Can you believe we get to do…
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    Sentencing Law and Policy

  • Texas Justice calls for state's death penalty to be abolished

    Douglas A. Berman
    28 Nov 2014 | 7:21 am
    As reported in this local article, "Texas Court of Appeals Justice Tom Price on Wednesday denounced the death penalty, saying that Texas' 2005 life without parole law makes it unnecessary and that the possibility of executing a wrongfully convicted person...
  • Latest New York recidivism numbers provide more to be thankful for

    Douglas A. Berman
    28 Nov 2014 | 6:59 am
    This New York Daily News article, headlined "Ex-cons returning to New York prisons for new felonies hits all time low: data," reports on encouraging news about recidivism rates in the Empire State. Here are the details: The number of ex-cons...
  • So grateful for so much...

    Douglas A. Berman
    27 Nov 2014 | 1:56 pm
    including all the folks who regularly check out this blog and help ensure that I continue to benefit so much from sharing stories and ideas here about sentencing law and policy. Rather than stay on topic, here is a humerous...
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    Grits for Breakfast

  • Panetti dissents lament failures of habeas corpus for the indigent

    28 Nov 2014 | 3:13 pm
    The Texas Court of Criminal Appeals ruling that made the biggest national headlines this week was their decision to kill mentally ill capital murderer Scott Panetti. Nearly all the attention focused on Judge Tom Price's surprising John Paul Stevens impersonation - an on-the-way-out-the-door declaration that the death penalty should be abolished after personally authorizing hundreds of executions on the court. Talk about living with regrets!I'll leave the death penalty pro and con debate to others (and would thank commenters to do the same). Instead, the most interesting part of Price's…
  • Tight CCA decision declares mandatory DWI blood draws unconstitutional

    28 Nov 2014 | 10:01 am
    Big week at the Texas Court of Criminal Appeals, which issued several important opinions related to topics covered on Grits. We'll run though them all in due course, but first up: a 5-4 decision in State v. Villareal which declared Texas' mandatory-blood draw statutes in DWI cases unconstitutional, following the US Supreme Court's McNeely decision.Judge Elsa Alcala wrote the substantial majority opinion disallowing mandatory blood draws while Judges Keller and Meyers authored brief, rather perfunctory dissents holding that Texas' statutory exceptions should be upheld as reasonable under the…
  • Odds and ends: How best to reduce pot penalties, surging toward inanity, pregnant in jail, and other stories

    26 Nov 2014 | 12:27 pm
    Here are several items which haven't made it into independent posts this week but merit Grits readers' attention.Wu: Reduce pot possession <.35 ounces to ticket-only misdemeanor Houston state Rep. Gene Wu has filed legislation, HB 325, to reduce possession of up to .35 ounces of marijuana to a Class C misdemeanor. While Grits generally supports penalty reduction for pot possession, .35 ounces seems like an odd cutoff point. Presently, possession of up to two ounces is a Class B misdemeanor based on the assumption that such lesser amounts represent personal use levels. I see little reason…
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    Blonde Justice

  • B as in Blonde...

    Blonde Justice
    21 Nov 2014 | 9:17 am
    My client left a message for me and spelled her name in the cutest way. I can't help but think that it took her some time to come up with it. I don't want to give up her name obviously but let's just say her last name was Grubs.  Her message said "G as in Glitter, R as in Rainbows, U as in Unicorns, B as in Butterflies, S as in Stars." It was great! So cheerful... and I'll certainly remember to call her back! Oh, I'd better go do that!
  • Grumpy Justice

    Blonde Justice
    10 Nov 2014 | 10:50 am
    Step One: Identify whether you are a "loud talker."Step Two: Learn to shut your office door, especially when you are on personal calls.Seriously, you are all the way down the hall and I can't concentrate.
  • Gee, Thanks.

    Blonde Justice
    4 Aug 2014 | 8:10 pm
    Judge, to my client, as part of the plea colloquy: And are you satisfied with the representation you have received from your lawyer?Asshole client, who has wasted a ton of my time being an asshole client:  Well, I mean, I have some critiques to offer her...
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    Drug and Device Law

  • Nothing Helps With Post-Thanksgiving Indigestion Quite Like A Heaping Helping Of Express Preemption

    Eric Alexander
    28 Nov 2014 | 5:04 am
                OK, we made that up.  It is not true at all.  A complete lie, much like “The Dallas Cowboys are America’s Team.”  Or “Eating turkey makes you sleepy because of its high tryptophan content.”  Or “The pilgrims left England because of their desire to wear stylish hats.”  Or “Lawyer advertising for drug and device cases serves an important role in improving medical care.”  If you did your duty as an American yesterday and gorged yourself on an assortment of turkey, stuffing, tubers,…
  • A Thankful Strain

    Steve McConnell
    26 Nov 2014 | 4:30 am
    “Our rural ancestors, with little blest, Patient of labor when the end was rest, Indulged the day that housed their annual grain, With feasts, and off'rings, and a thankful strain.”  ― Alexander Pope, Imitations of Horace Today isn't officially a holiday, but the preparations for Thanksgiving make it terribly difficult to put in a productive day at the office.  (Some uncharitable types will wonder how this day is different from any other for this particular scribe.)  Because we will spend at least as much time today picking up organic butter, a bourbon pecan pie, and…
  • Thanks for Nothing California

    Michelle Yeary
    25 Nov 2014 | 10:44 am
    This post is from the non-Reed Smith side of the blog.            This is the official week in the United States for giving thanks.  Counting your blessings.  Welcoming family and friends to your home.  Christmas might get top billing, but Thanksgiving is all about feeling warm and fuzzy.  And here at the Drug and Device Law Blog, we’ll get to what we are thankful for tomorrow.  Today is a different story.  Today we feel more cold and hard.  And who is the unfortunate recipient of our negativity at…
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    Crime and Consequences Blog

  • Heroism and Pride in Ferguson

    Bill Otis
    26 Nov 2014 | 7:45 pm
    This Reuters story is by far the most heartening I have seen coming out of Ferguson. Here's an excerpt:On Tuesday night, as police and soldiers took up positions in the parking lots of virtually every strip mall and big box store around it, the forecourt of the brightly lit [Ferguson Conoco] gas station was busy with customers.One, a six feet, eight-inch tall man named Derrick Jordan - "Stretch," as friends call him - whisked an AR-15 assault rifle out from a pickup truck parked near the entrance.Jordan, 37, was one of four black Ferguson residents who spent Tuesday night planted in…
  • How to Ruin Thanksgiving in a Few Easy Steps [or Not]

    Kent Scheidegger
    26 Nov 2014 | 4:02 pm
    Heather Wilhelm has this article at Real Clear Politics with the above title (minus the bracketed part).  She pokes some fun at several articles that suggest you really should debate politics, religion, and hot-button social issues on this holiday with relatives who disagree with you.For those of us who prefer the "or not" option, including myself and Ms. Wilhelm, the answer is to do the opposite.  Tomorrow, let us forget politics, crime and punishment, and other heated issues and enjoy the day with our families.  Give thanks - with the "to whom" broad enough to accommodate…
  • The Price of Accommodating the Mob

    Bill Otis
    26 Nov 2014 | 3:30 pm
    From the Washington Post, on the day before Thanksgiving (emphasis added):Even in the best of times, survival rates for small businesses don't inspire loads of confidence. Fifty percent of them close after four years.But Natalie DuBose of Ferguson, Mo., did not open her shop in the best of times. She opened Natalie's Cakes and More in downtown Ferguson in June. In August, police officer Darren Wilson, who is white, shot and killed an unarmed black teenager, Michael Brown.The city erupted.DuBose's customer base evaporated. She went two weeks without a single person walking into her shop,…
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    CLEWS Your Home for Historic True Crime

  • Giving Thanks... and the latest on one Dr. Wm. Palmer

    Laura James
    27 Nov 2014 | 6:24 am
    Today I am particularly thankful for well-written historical true crime books and cheerily pass along my most recent discovery in our favorite genre, heartily recommended for true crime fans and Anglophiles, an update on the classic true crime story of Dr. William Palmer [Wiki]. The book is The Poisoner: The Life and Crimes of Victorian England's Most Notorious Doctor from Overlook Press.  It's an act of pure pluck to start a book with the subject's execution, and it takes quite some skill to make it a page-turner from there, but attorney-journalist Stephen Bates pulls off…
  • True Crime Author Corey Mitchell, 1967 - 2014, R.I.P.

    Laura James
    24 Nov 2014 | 3:07 pm
    True crime author Corey Mitchell,47, passed away suddenly in late October. News accounts say he died of a heart attack. Mitchell studied law but did not practice; instead, he wrote seven true crime books, and a few years ago he was the editor of a well regarded if short-lived and now sadly defunct online true crime collaborative. (Read my initial piece on In Cold Blog here).  Mitchell's titles are Evil Eyes, Pure Murder, Dead and Buried, Murdered Innocents, Strangler, and Savage Son, along with his first and, he told me, most successful book, 2001's Hollywood Death Scenes.
  • Murder & Mystery in Michigan

    Laura James
    3 Aug 2014 | 8:00 am
    (Ed. note: Proving again that oil has always been a bloody , awful business, true crime author Robert Knapp unearthed a gem of a murder case from the 1930s and has just released a book on it, Mystery Man--Gangsters, Oil, and Murder in Michigan. It concerns murder victim Isaiah Leebove—gambler, oil speculator, lawyer for the Purple Gang. The press release was so prettily written that I'm pinching it entire for the many fans of true gangster stories replete with larger-than-life makers of mayhem.) Murder & Mystery in Michigan by Robert Knapp   “Did I get him?”    “You got…
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  • Friday Open Thread

    28 Nov 2014 | 5:16 am
    Who's going shopping today? I'm taking the day off, which means I won't be on line much. I hope all Talkleft visitors had a wonderful holiday. I looked at so many store ads my eyes are blurry. At least I forgot about ISIS for a few... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
  • Pre Thanksgiving Open Thread

    26 Nov 2014 | 6:27 am
    TalkLeft wishes you all a Happy Thanksgiving. Don't forget to check in with your local radio station to find out what time they will play Alice's Restaurant. It was November 28, 1965 that Arlo was convicted of littering in Stockbridge, MA.... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
  • More National Guardsmen Called to Ferguson

    25 Nov 2014 | 4:40 pm
    MO Governor Jay Nixon has ordered 2,200 more national guardsman to Ferguson. More than 2,200 additional National Guard troops will take to the streets in the St. Louis area at night, Gov. Jay Nixon announced. They will join 700 Guardsmen already... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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    TheFunded Founder Institute News

  • The Importance of Social Impact in Startups, According to Mitch Kapor

    28 Nov 2014 | 3:00 pm
    Mitch Kapor is a pioneer in personal computing and information technology; his software, Lotus 1-2-3, is what popularized the personal computer in the business world in the 1980s. Today, he is a Partner at Kapor Capital, which invests in seed stage tech startups that create a positive social impact, as well as a Co-Chair at the Kapor Center for Social Impact, an organization dedicated to promoting social impact for communities that are on the periphery of access to opportunity, participation, and influence in the United States. In this video, filmed at the 15th Founder Showcase, Mitch Kapor…
  • Don’t "Look" for a Technical Co-Founder. "Earn" One with These Tips

    27 Nov 2014 | 3:00 pm
    Inside FI gives you exclusive access inside the training sessions of the Founder Institute. To get updates when we release new videos, follow us on Twitter or subscribe to our weekly newsletter here.  A startup is a network of human relationships, often centered around the relationship between Co-Founders. As Misha Chellam explains in the video below, several themes are often common at the start of lasting human relationships, including vulnerability, social proof, and a shared worldview.   Misha is the Co-Founder & COO of Scanadu, a portable health device company working…
  • How to Skyrocket Past Your Crowdfunding Goal, with Dema Tio of Vibease

    26 Nov 2014 | 1:20 pm
    With more and more startups turning to crowdfunding to make their business ventures a reality, it’s important to know how to successfully launch a fundraising campaign in order to gain traction in today’s market. In the recent webinar hosted by the Founder Institute, “How to Raise a Successful Crowdfunding Campaign”, Adeo Ressi discussed the tips and tricks of crowdfunding with 3 Founder Institute Graduates--Darma, Emberlight, and Vibease. In this post, we’ll hear from Dema Tio of Vibease and how he launched a successful Indiegogo campaign. Vibease and its…
  • The Pros and Cons of Starting Up in Silicon Valley

    25 Nov 2014 | 8:45 pm
    The Founder Institute has graduated over 1,310 companies across 85 cities since 2009. As part of our efforts to accelerate exceptional Graduates to the next step in their development, we recently introduced the first-ever Founder Institute "Master Graduate EIR Program" that gathered top Graduates from across the globe to Silicon Valley. Founders spent close to seven weeks at the Founder Institute offices in Palo Alto to get help from experts on how to validate their business, generate sustainable traction, and learn how to attract venture capital from American firms to better prepare for the…
  • Get on the Rocket Ship! The Founder Institute is Hiring at our Palo Alto Headquarters

    25 Nov 2014 | 12:19 pm
    Are you interested in entrepreneurship? The Founder Institute (the world's largest entrepreneur training and startup launch program) is the best place in the world to be immersed in the startup ecosystem and culture.   The Founder Institute is scaling up, and hiring for multiple roles in our Palo Alto office - including Project Managers, Account Managers, an Office Manager, an Executive Assistant, a Finance & Operations Manager, Operations & Logistics Associates, Interns, a Director of Sales, and more. The Founder Institute’s mission is to launch companies…
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  • SCOTUSblog on camera: Eric Schnapper (Part six)

    Fabrizio di Piazza
    28 Nov 2014 | 5:07 am
    Stories from a career of Supreme Court advocacy; what one learns about necessary skills and the value of experienced counsel; and just how hard it is to explain how different Supreme Court advocacy is from anything else a lawyer does. “Just the way they say, ‘Battle plans never survive contact with the enemy,’ oral argument plans never survive contact with the Court.” In this six-part interview, Eric Schnapper — Supreme Court advocate and holder of the Betts, Patterson & Mines Professorship in Trial Advocacy at the University of Washington School of Law — discusses his…
  • This week at the Court

    Kali Borkoski
    27 Nov 2014 | 9:01 pm
    On Monday at 9:30 a.m. we expect additional orders from the November 25 Conference. (Lyle covered the grants that were issued after that Conference last Tuesday.) Monday is also the first day of the Court’s December sitting. The hearing list is here. On Tuesday we expect one or more opinions in argued cases at 10:00 a.m. We will begin live blogging here shortly before 10.
  • Ginsburg has heart surgery, leaves hospital (UPDATED)

    Lyle Denniston
    27 Nov 2014 | 8:51 am
    UPDATED Thursday 11:51 a.m.   Justice Ginsburg was released from the hospital this morning, the Court has announced.  She expects to be on the bench next Monday for oral arguments. ————— Eighty-one-year-old Justice Ruth Bader Ginsburg had a surgical procedure this morning to relieve a blockage in an artery in her heart, the Court announced. She had gone to the MedStar Washington Hospital Center on Tuesday night after experiencing discomfort “during routine exercise,” the Court statement said.   The procedure involved placing a stent to open the…
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    Larry Bodine Law Marketing Blog

  • How Often You Should Redesign Your Website

    Larry Bodine
    16 Nov 2014 | 2:18 pm
    By Burkey Belser on Law Practice Advisor: We had a gut instinct as to the answer — websites should be redesigned every three years. Web technology is changing so fast you’re quite likely to have fallen seriously behind even in that short period. Think about it: social media as we know it today is only seven years old. Trends in web design are accelerating, too. A careful observer can almost pinpoint the year in which a site was designed by its style and technology. As we see it, the questions to answer are: How often are sites really being redesigned? What is a redesign…
  • Marketing Mass Tort Cases to Hispanics

    Larry Bodine
    14 Nov 2014 | 12:55 pm
    Here's a practical article from Law Practice Advisor: One of the reasons that it’s so hard to interest Hispanics in joining a class action lawsuit is their cultural sense of destiny — that suffering is a natural parts of life. If a person was harmed by a drug side effect or dangerous equipment, it was their fate. This point was one of many Hispanic marketing insights offered by Leslie Inzunza, a bilingual and bicultural expert in New York. “Culture is a shared system of beliefs and behaviors passed from one generation to the next,” she says. “Latinos…
  • Six Magic Words That Overcome a Competitor's Low Price

    Larry Bodine
    12 Nov 2014 | 4:50 pm
    Check out this forthright new blog post by Trey Ryder on Law Practice Advisor: You tell your prospect that you bill at $350 per hour. Your prospect responds by saying, "But another lawyer I interviewed charges only $175 per hour." Now, what should you say? One powerful way to respond to your prospect's comment is to get out a piece of paper and divide the sheet into two vertical columns. Put your name at the top of one column and the other lawyer's name over the second. In the first column, write down all the specific services, tasks and documents you include in your fee. In the…
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    Jim Calloway's Law Practice Tips Blog

  • Webinar: Never Drop the Ball: Electronic Checklists for Lawyers

    Jim Calloway
    23 Nov 2014 | 7:16 pm
    On November 24, I am doing a webinar for the ABA titled "Never Drop the Ball: Electronic Checklists for Lawyers." I'm very excited about this program and this topic for two reasons: 1) This is one of my favorite topics...
  • 'Tis the Season: Tech Toys for the Holidays 2014 Digital Edge podcast

    Jim Calloway
    20 Nov 2014 | 11:13 am
    It's the holiday season and time for our annual Tech Toys for the Holidays 2014 Digital Edge podcast. Sharon Nelson and I have researched far and wide to find the most fun new gadgets and electronic devices that a lawyer...
  • Thinking About Tomorrow

    Jim Calloway
    11 Nov 2014 | 10:19 am
    I've spend a lot of time thinking about tomorrow-the legal profession's tomorrow. This week at the Oklahoma Bar Association Annual Meeting, I get to spend several hour teaching and learning at a CLE program I organized called Tools for Tomorrow's...
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    Robert Ambrogi's LawSites

  • When a Website Becomes a Tombstone: The Bingham Home Page

    Robert Ambrogi
    26 Nov 2014 | 6:32 am
    When a law firm dies, what becomes of its website? In the case of Bingham McCutchen, its site still looms — the ghost of something that once was. But now, the central image touts Morgan Lewis, the new home of the majority of the former Bingham lawyers and staff, and a banner atop the home […] The post When a Website Becomes a Tombstone: The Bingham Home Page appeared first on Robert Ambrogi's LawSites.
  • The Largest Free Collection of Law Reviews on the Web

    Robert Ambrogi
    24 Nov 2014 | 6:42 am
    I try to cover sites here soon after they launch, but every so often I miss one. In this case, I missed a big one. Launched in August 2013, Law Review Commons is the largest open-access law review portal on the web. It provides access to more than 200 law reviews containing more than 150,000 […] The post The Largest Free Collection of Law Reviews on the Web appeared first on Robert Ambrogi's LawSites.
  • Podcast: Ebola, Quarantines and the Law

    Robert Ambrogi
    21 Nov 2014 | 10:12 am
    With Ebola quarantines making headlines, what is the law? What powers do local, state and federal governments have to quarantine people who have or are suspected of having the disease? And what are the rights and protections of the quarantined individuals? We examine these questions and more on this week’s Lawyer2Lawyer legal-affairs podcast. Joining my […] The post Podcast: Ebola, Quarantines and the Law appeared first on Robert Ambrogi's LawSites.
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    Wise Law Blog

  • 140 Law - Legal Headlines for Friday, November 28, 2014

    Elysia Cherry
    28 Nov 2014 | 6:43 am
    Here are the leading legal headlines from Wise Law on Twitter for Friday, November 28, 2014:Criminal Defense Attorneys: The Michael Brown Grand Jury Was a Lie—viaIs this a new lawyer television show or Jian Ghomeshi’s defence team?Thousands of requests for pardons in limbo after Conservative rule changeMaximize quality referrals to your law firmOhio Could Pass the America's Most Extreme "Secret Executions" Bill Mother JonesHarper Tories want integrity czar’s probe of RCMP tossed out Civil contempt charges dropped against B.C. pipeline protestersJian Ghomeshi's other case: the…
  • 140 Law - Legal Headlines for Thursday, November 27, 2014

    Rachel, Law Clerk and Office Manager
    27 Nov 2014 | 6:20 am
    Here are the leading legal headlines from Wise Law on Twitter for Thursday, November 27, 2014:Retired judge taking over G20 disciplinary hearing has history of overturned decisions | The Toronto StarBC Civil Liberties Association challenges publication ban in Legislature bomb plot case Chemerinsky: What is a ‘true threat’ on Facebook? SCOTUS to decide Police investigate after Halifax newspaper breaks publication ban in high-profile child pornography case Magnotta doesn’t testify as defence restsCanada Revenue Agency privacy breach leaks prominent Canadians' tax details  Home…
  • 140 Law - Legal Headlines for Wednesday, November 26, 2014

    Rachel, Law Clerk and Office Manager
    26 Nov 2014 | 6:09 am
    Here are the leading legal headlines from Wise Law on Twitter for Wednesday, November 26, 2014:NDP MP says she gave no 'explicit' consent to Liberal's alleged advances Megaupload’s Kim Dotcom says extradition fight has cost him $10 million Ontario orders review of TDSB after ‘inappropriate behaviour’Brown family lawyer denounces ‘unfair’ Ferguson process that resulted in no indictment Jian Ghomeshi’s $55M lawsuit against CBC being withdrawnOttawa hackers drop affiliation with Anonymous; warn of more attacks - Rachel Spence, Law ClerkVisit our Toronto Law Office website:…
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  • Some Recent Podcasts and Articles for You

    26 Nov 2014 | 12:50 pm
    I wanted to wish everyone a happy Thanksgiving. It’s a good time to say “thnak you!” to my patient readers (and the impatient ones, too). I’m hoping to get back onto a regular blogging schedule soon.I also wanted to highlight some of my recent podcasts, articles and other odds & ends.Tom Mighell and I just reached the 140-episode milestone for The Kennedy-Mighell Report podcast. It’s great working with the Legal Talk Network team on the podcast. I recommend subscribing to the the podcast (free) in iTunes or in a podcast app.I mention subscribing because we…
  • Reflections on 2014 College of Law Practice Management’s Futures Conference

    30 Oct 2014 | 7:03 pm
    A few weeks ago, I was honored to be inducted as a Fellow in the College of Law Practice Management, joining a group full of people I have long admired and gotten the opportunity to speak, write and work with over the years.Even better, I got to attend the 2014 Futures Conference held at Suffolk University School of Law. Suffolk could not have been a better host and the program – a combination of TED-type talks and brainstorming sessions leading to a “Shark Tank” competition was quite fun, giving both the opportunity to learn and the chance to meet and collaborate with many…
  • New Blog Design

    29 Sep 2014 | 7:12 pm
    This post is a test of my new blog redesign. A big thank you to Aaron and Dylan Lopez at Inno Software for the redesign and revamping of my blog and website and for being so great to work with. There’s still work for me to do, but the redesign is now live.An even bigger thank you to Lance Long, who took care of my website and blog for many years before passing it on to Aaron and Dylan.
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    Amazing Firms, Amazing Practices

  • Verrill Dana: A Ceiling Smasher!

    Gerry Riskin
    10 Nov 2014 | 6:08 am
    Kudos to the law firm of Verrill Dana LLP for ranking as one of the top law firms in the US for its percentage of female partners. A nationwide survey by Law360 showed that Verrill Dana is among the top 25 firms in the country with the highest concentration of female partners – earning the company 14th place in Law360s “2014 Class of Ceiling Smashers.” At Verrill Dana, a full-service law firm with more than 100 lawyers, 32% of the firm’s partners are women. Law360 reports that, by contrast, only 21% of law-firm partners nationally are women – despite the fact that women…
  • Icebergs and Sea Monsters in Treacherous Legal Seas

    Gerry Riskin
    25 Sep 2014 | 2:26 am
      I was privileged to have been asked by the American Bar Association to write an article about the future of the legal profession for “The Annual Big Ideas Issue” of Law Practice Magazine (July/August 2014). Click on the image to read the article in full. I hope you enjoy it. Gerry      
  • Don’t Let “Age Profiling” Slow Your Firm

    Gerry Riskin
    11 Sep 2014 | 5:46 am
    I recently wrote a post for Edge International Communiqué on the perils of making age-based assumptions about our legal-profession colleagues. I share it here for those who missed it. Both older and younger lawyers can let all kinds of intergenerational nonsense get in the way of clear thinking. The misunderstandings that result can do actual damage to their firms. Older lawyers have told me that lawyers in the younger generation simply do not have the values that they did. “The younger generation expects to have it all. They didn’t need to earn it the way we did. They lack our…
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    LawBiz® Blog

  • You know what “… hits the fan”

    Ed Poll
    18 Nov 2014 | 8:00 pm
    When an organization is arrogant and ignores the best interests of its members or customers, there will be no support for the organization in challenging times. The State Bar of California finds itself, once again, in a time of challenge with little support from its members, the attorneys of the state pay dues to keep the organization afloat. This time around, however, should there be a move by the State legislature to abolish the State Bar and convert it to a licensing agency only, there will be little or no opposition from members of the bar. In what is the scandal of all time, the Board of…
  • The Law Suffers and Benefits as Do Other Economic Endeavors

    Ed Poll
    12 Nov 2014 | 7:53 pm
    Jeffrey Toobin, legal writer for the New Yorker Magazine, notes in this week’s edition the following: “… As with law firms, the top law schools are doing fine. Graduates of the most highly regarded institutions may not have the cornucopia of options that their predecessors enjoyed a few years ago, but few, if any, will go jobless. These students have large loans, too, but they’ll be able to repay them. As in days past, they will migrate to the big firms, where, by and large, their prospects are bright. And the cycle will continue: the rich (in credentials, at least…
  • LawBiz® Legal Pad On the Road!: Practice Development

    Ed Poll
    6 Nov 2014 | 8:14 am
    How do you set yourself apart from your competition? Here’s a hint – don’t lower your fees!
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    Innocence Blog

  • Update: Motion for testing in Rodney Reed case denied by visiting judge

    26 Nov 2014 | 10:45 am
    Judge Doug Shaver denied the Innocence Project's motion for testing of evidence which could exclude Rodney Reed from involvement in the 1996 murder of 19-year-old Stacey Stites for which he is scheduled to be executed in January. Staff Attorney Bryce Benjet appeared before the court Tuesday to request permission to test the victim's clothing and the belt used to strangle her. Testing of beer cans found near Stites' body have already revealed a potential match to a friend of her fiancé Jimmy Fennell, a former police sergeant who is now in prison on an unrelated sexual assault charge.
  • Innocence Project Seeks DNA Testing for Death Row Inmate

    25 Nov 2014 | 12:20 pm
    Innocence Project staff attorney Bryce Benjet appeared before a Texas court today seeking DNA testing of crime scene evidence that could prove that Rodney Reed is innocent of the 1996 rape and murder of Stacey Stites. Reed, who is scheduled to be executed on January 14, 2015, has always maintained that he is innocent of the crime. Stites was 19 years old and weeks away from wedding Jimmy Fennell, a former Georgetown police sergeant who is now in prison for a sexual assault of a woman while on the job. Fennell has become an alternative suspect in the case. The victim's body was found in the…
  • Arkansas Woman Seeks Clemency From Governor Beebe

    24 Nov 2014 | 2:40 pm
    On June 12, 1994, Belynda Goff walked out of her bedroom, where she had been sleeping with her three-year old son, to find her husband, Stephen, lying unconscious just inside the doorway of their apartment. She immediately called to request emergency medical assistance. The paramedics arrived ten minutes later. Despite the quick response by both Belynda and the paramedics, they were unable to find a pulse. An autopsy revealed that Stephen's cause of death was blunt force trauma to his head. A neighbor told police she had seen two men with baseball bats parked outside the Goff's apartment the…
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    Newswire RSS

  • GM Defect Claims Falling Flat

    24 Nov 2014 | 9:00 am
    When General Motors Co. first announced last summer that it would fully compensate victims of its ignition-switch defect, plaintiffs lawyers feared that many people would be left out. They might be right.
  • Jackson Lewis to Eliminate Billable Hours for Associates

    17 Nov 2014 | 3:15 am
    The labor and employment firm is taking another step toward increasing associate efficiency by getting rid of the billable hour as an evaluative tool for measuring performance and awarding bonuses.
  • Near but Uncertain Future for USA Freedom Act

    16 Nov 2014 | 11:57 pm
    Google Inc., Microsoft Corp., Yahoo! Inc. and other technology companies have put new pressure on federal lawmakers to approve legislation intended to rein in National Security Agency surveillance practices as the full Senate prepares to take up the bill this week.
  • add this feed to my.Alltop - Newswire

  • GM Defect Claims Falling Flat

    24 Nov 2014 | 9:00 am
    When General Motors Co. first announced last summer that it would fully compensate victims of its ignition-switch defect, plaintiffs lawyers feared that many people would be left out. They might be right.          
  • Jackson Lewis to Eliminate Billable Hours for Associates

    17 Nov 2014 | 3:15 am
    The labor and employment firm is taking another step toward increasing associate efficiency by getting rid of the billable hour as an evaluative tool for measuring performance and awarding bonuses.          
  • Near but Uncertain Future for USA Freedom Act

    16 Nov 2014 | 11:57 pm
    Google Inc., Microsoft Corp., Yahoo! Inc. and other technology companies have put new pressure on federal lawmakers to approve legislation intended to rein in National Security Agency surveillance practices as the full Senate prepares to take up the bill this week.          
  • add this feed to my.Alltop - Newswire

  • GM Defect Claims Falling Flat

    24 Nov 2014 | 9:00 am
    When General Motors Co. first announced last summer that it would fully compensate victims of its ignition-switch defect, plaintiffs lawyers feared that many people would be left out. They might be right.          
  • Jackson Lewis to Eliminate Billable Hours for Associates

    17 Nov 2014 | 3:15 am
    The labor and employment firm is taking another step toward increasing associate efficiency by getting rid of the billable hour as an evaluative tool for measuring performance and awarding bonuses.          
  • Near but Uncertain Future for USA Freedom Act

    16 Nov 2014 | 11:57 pm
    Google Inc., Microsoft Corp., Yahoo! Inc. and other technology companies have put new pressure on federal lawmakers to approve legislation intended to rein in National Security Agency surveillance practices as the full Senate prepares to take up the bill this week.          
  • add this feed to my.Alltop - Newswire

  • GM Defect Claims Falling Flat

    24 Nov 2014 | 9:00 am
    When General Motors Co. first announced last summer that it would fully compensate victims of its ignition-switch defect, plaintiffs lawyers feared that many people would be left out. They might be right.          
  • Jackson Lewis to Eliminate Billable Hours for Associates

    17 Nov 2014 | 3:15 am
    The labor and employment firm is taking another step toward increasing associate efficiency by getting rid of the billable hour as an evaluative tool for measuring performance and awarding bonuses.          
  • Near but Uncertain Future for USA Freedom Act

    16 Nov 2014 | 11:57 pm
    Google Inc., Microsoft Corp., Yahoo! Inc. and other technology companies have put new pressure on federal lawmakers to approve legislation intended to rein in National Security Agency surveillance practices as the full Senate prepares to take up the bill this week.          
  • add this feed to my.Alltop - Newswire

  • GM Defect Claims Falling Flat

    24 Nov 2014 | 9:00 am
    When General Motors Co. first announced last summer that it would fully compensate victims of its ignition-switch defect, plaintiffs lawyers feared that many people would be left out. They might be right.          
  • Jackson Lewis to Eliminate Billable Hours for Associates

    17 Nov 2014 | 3:15 am
    The labor and employment firm is taking another step toward increasing associate efficiency by getting rid of the billable hour as an evaluative tool for measuring performance and awarding bonuses.          
  • Near but Uncertain Future for USA Freedom Act

    16 Nov 2014 | 11:57 pm
    Google Inc., Microsoft Corp., Yahoo! Inc. and other technology companies have put new pressure on federal lawmakers to approve legislation intended to rein in National Security Agency surveillance practices as the full Senate prepares to take up the bill this week.          
  • add this feed to my.Alltop - Newswire

  • GM Defect Claims Falling Flat

    24 Nov 2014 | 9:00 am
    When General Motors Co. first announced last summer that it would fully compensate victims of its ignition-switch defect, plaintiffs lawyers feared that many people would be left out. They might be right.          
  • Jackson Lewis to Eliminate Billable Hours for Associates

    17 Nov 2014 | 3:15 am
    The labor and employment firm is taking another step toward increasing associate efficiency by getting rid of the billable hour as an evaluative tool for measuring performance and awarding bonuses.          
  • Near but Uncertain Future for USA Freedom Act

    16 Nov 2014 | 11:57 pm
    Google Inc., Microsoft Corp., Yahoo! Inc. and other technology companies have put new pressure on federal lawmakers to approve legislation intended to rein in National Security Agency surveillance practices as the full Senate prepares to take up the bill this week.          
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    UNDERDOG - Fairfax Criminal/DWI Attorney - Northern Virginia.

  • What would a criminal defense lawyer say to a judge if the lawyer's words were immunized from fallout to the lawyer and client?

    27 Nov 2014 | 9:00 pm
    By Fairfax County/Northern Virginia 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. Among the benefits of blogging is my having a productive place to talk about how to improve the judge selection and monitoring process; how judges can become better judges; and how judges' actions tend to fall into combinations of judges upholding their oaths of office; judges chasing dockets to administer heavy time and financial…
  • A meatless Thanksgiving will give turkeys something to be thankful for.

    27 Nov 2014 | 10:00 am
    By Fairfax County/Northern Virginia criminal defense lawyerJon 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.   Imagine the fear and misery of being led to the slaughterhouse and the fishing boats' nets, and being shot at by hunters? Is it not ironic that on this day of thanks, all this turkey eating makes this the day that they rue the most? Human executions are excruciatingly painful, despite litigation geared to reduce the pain. No similar…
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    The Legal Satyricon

  • Well, not ALL feminists, right?

    21 Nov 2014 | 4:23 pm
    “[F]eminists adore trigger warnings because it reinforces the idea that women are ruled by their emotions, are incapable of recovering from trauma and are just generally hysterical nitwits unprepared to confront adulthood and reality.” (source)Filed under: misc
  • Julien Blanc Denied Visa to Enter UK – Nothing to Rejoice

    19 Nov 2014 | 7:13 pm
    I do not think much of Julien Blanc. That much has made its rounds on the internets due to a letter I wrote. I did not release that letter to the public, so I do not want to link to it. Despite having a very negative opinion of Blanc, I was dismayed to see this […]
  • Bill Cosby’s lawyers: I DECLARE CONFIDENTIALITY!!!!

    19 Nov 2014 | 6:46 pm
    I’m sure you’ve heard the rumors. Some woman claims that Bill Cosby raped her 30 years ago. He allegedly gave her a pill and some wine. Did it happen? I dunno. Maybe I just don’t want to believe that Bill Cosby would ever do anything bad to anyone. So for now, I’m in the “anything […]
  • add this feed to my.Alltop - Newswire

  • GM Defect Claims Falling Flat

    24 Nov 2014 | 9:00 am
    When General Motors Co. first announced last summer that it would fully compensate victims of its ignition-switch defect, plaintiffs lawyers feared that many people would be left out. They might be right.          
  • Jackson Lewis to Eliminate Billable Hours for Associates

    17 Nov 2014 | 3:15 am
    The labor and employment firm is taking another step toward increasing associate efficiency by getting rid of the billable hour as an evaluative tool for measuring performance and awarding bonuses.          
  • Near but Uncertain Future for USA Freedom Act

    16 Nov 2014 | 11:57 pm
    Google Inc., Microsoft Corp., Yahoo! Inc. and other technology companies have put new pressure on federal lawmakers to approve legislation intended to rein in National Security Agency surveillance practices as the full Senate prepares to take up the bill this week.          
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    Chicago IP Litigation

  • Trading Technologies: Federal Circuit Claim Constructions are Binding

    R. David Donoghue
    28 Nov 2014 | 3:18 am
    Trading Techs. Int’l, Inc. v. CQG, Inc., No. 05 C 4811, Slip Op. (N.D. Ill.) (Coleman, J.). Judge Coleman granted plaintiff Trading Technologies’ (“TT”) motion to terminate Markman proceedings in this patent case involving commodities trading software — click here for much more on this case in the Blog’s archives). Defendants (collectively “CQG”) sought construction of numerous terms, after having participated in the prior action brought against former defendant eSpeed which was ultimately appealed to the Federal Circuit. The Court held as follows: The Court declined…
  • Lack of Local Rule 56.1 Support Prevents Summary Judgment

    R. David Donoghue
    26 Nov 2014 | 4:18 am
    Panoramic Stock Images, Ltd. d/b/a Panoramic Images v. John Wiley & Sons, Inc., No 12 C 10003, Slip Op. (N.D. Ill. Sep. 2, 2014) (Feinerman, J.). Judge Feinerman granted in part plaintiff Panoramic’s partial summary judgment motion and denied defendant Wiley’s partial summary judgment motion as to Panoramic’s fraud and contributory copyright infringement claims in this copyright case regarding nine stock photographs.The Court also set a trial date. Wiley contends that Panoramic lacks the necessary evidence for its fraud claim proving that when Wiley said it wanted the photograph at…
  • Substantial Differences Doom Design Patent Claim on the Pleadings

    R. David Donoghue
    24 Nov 2014 | 3:18 am
    Young v. Stone, No. 13 C 4920, Slip Op. (N.D. Ill. Aug. 28, 2014) (Guzman, J.). Judge Guzman granted defendant’s Fed. R. Civ. P. 12(c) motion to dismiss plaintiff’s design patent infringement claim regarding defendant’s Putt-A-Round golf practice target. The patented design and the accused golf practice target are depicted below: The Court held that the parallel disks were functional as was the pole separating the disks. The ornamental features were the differing mechanisms that trapped the golf balls, and the extended flagpole. The Court held that the products were…
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    Ohio Employer's Law Blog

  • An employee must ask for ADA accommodation to receive it

    Jon Hyman
    26 Nov 2014 | 5:19 am
    HBy now, hopefully everyone reading this blog knows that the expiration of an employee’s 12 weeks of annual FMLA leave is not necessarily the end of that employee’s unpaid leave of absence for his or her own medical issues. Under the ADA, an employer must consider granting unpaid leave the exceeds the FMLA as a reasonable accommodation, provided that the employee actually requests the accommodation. AsJudge v. Landscape Forms (6th Cir. 11/24/14) [pdf] makes clear, an employer is not required to offer a reasonable accommodation that an employee does not first request. The facts of the case…
  • It’s five in a row for the ABA Journal’s Blawg 100

    Jon Hyman
    25 Nov 2014 | 5:00 am
    For the fifth year in a row, I am honored that the ABA Journal has chosen the Ohio Employer’s Law Blog for the Blawg 100, its list of the 100 best legal blogs. Last night on Twitter, another of the honorees affectionately called me an “employment law nerd” because of my selection. It is a title I wear as a badge of honor. As has been the case for the four prior years, I am thrilled to be on a list of blogs of such high quality written by lawyers who are my friends. Now comes the shameless part. If you are so inclined, the ABA Journal is asking you to weigh in and vote on your favorites.
  • There is no easy fix for the overtime-pay problem

    Jon Hyman
    24 Nov 2014 | 4:53 am
    Those of you who are long time readers know they I’ve long rallied for changes to the Fair Labor Standards Act. The law is overly complex, anachronistic, and nearly impossible for compliance by employers. Last week, I read an article on arguing that the FLSA’s exemptions need to be rewritten to make it easier for employees to qualify for overtime pay. This is not the right solution to this country’s wage-hour problems. You don’t fix one problem by creating another, i.e., punishing small and midsize employers by requiring them to start paying groups of employees overtime…
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  • How'd this lawyer get to be a terrific negotiator? By using an unusual practice

    21 Nov 2014 | 1:03 pm
    Anyone who has sincerely tried to improve in some area of personal or professional life probably understands the value of feedback. But what this lawyer did to get feedback is rare and perhaps surprising. From Sherwood Park News: How do you get better? How do you become world-class? There are only two ways, with no shortcuts: deliberate practice (which we will look into next week) and reflective practice, explains law professor Gerald Williams.Professor Williams recounts a story. He and his team were researching world-class negotiators. Most attorneys fell into the run-of-the-mill “good…
  • Want a life free of stress? Let's hope not!

    16 Nov 2014 | 7:40 am
    Is stress bad for you? Not all of it. In fact, a life without stress would be neither healthy nor enjoyable. You do NOT want to wake up to days that are stress-free. Your clients don't want that for you either. With the right stress, you are a better lawyer or mediator. From an article in the Stanford alumni magazine: In her lectures and classes, [Dr. Kelly] McGonigal used to teach people how to reduce or cope with stress, as if it were something to be avoided and dreaded. But in light of this research, she's changed her tune. She no longer focuses on training people to relax,…
  • Interested in mediation or collaborative law in trust and estates and other related family matters?

    2 Nov 2014 | 5:19 am
    I call to your attention two no-fee teleseminars being offered this month by the Purposeful Planning Institute; one or both might be worth your time. Take a look below for all the information. If you want to join either call, get your complimentary PIN number.The first, presented by John O'Grady on November 11, is titled "Navigate Epic Aging & Inheritance Conflicts to Build Your Practice." The session is described: Drama, trauma, greed, and crisis at end of life present angst and opportunity.   In fact, these are the elements of a Greek tragedy in which power, control,…
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    Privacy Law Blog

  • European DPA’s Give Privacy Recommendations to Stakeholders Regarding the “Internet of Things”

    Marianne Le Moullec
    13 Nov 2014 | 6:36 am
    Marianne Le Moullec The Article 29 Working Party, which is composed of representatives of DPA’s from every European country, has recently rendered an opinion ( ) on data privacy issues surrounding the development of the “Internet of Things” (IoT), which includes wearable computing, quantified self devices, and domotics. Although such data is generated by “things” or devices, it is considered personal data because it may enable the life pattern of a specific individual…
  • Advertising Industry Enforces Enhanced Behavioral Advertising Notice Requirements on Websites

    Charley Lozada
    6 Nov 2014 | 1:56 pm
    Charley Lozada On October 28, the Online Interest-Based Advertising Accountability Program (Accountability Program), released five decisions in which the website operators  have agreed to update their respective websites to provide enhanced notice as required under the Self-Regulatory Principles for Online Behavioral Advertising (OBA Principles).  The Accountability Program enforces the OBA Principles on behalf of the Digital Advertising Alliance and these decisions stem from a compliance warning issued by the Accountability Program in October 2013. The 2013 compliance warning explained the…
  • FCC Confirms Solicited Fax Ads Must Include an Opt-Out

    Jessica Goldenberg
    3 Nov 2014 | 11:09 am
    Jessica Goldenberg Last Thursday the Federal Communications Commission (FCC) issued an order confirming that companies must include opt-out instructions on all fax ads, even for recipients who previously agreed to receive a fax from the company. The order clarifies that solicited fax ads, like unsolicited ads, must also comply with the rules set forth in the FCC’s 2006 Junk Fax Prevention Order.  All fax ads must contain an opt-out notice that (1) is clear and conspicuous and on the first page of the ad, (2) states that the recipient may make a request to the sender not to send any future…
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    Lawyers, Guns & Money

  • BH: Comments!

    Robert Farley
    28 Nov 2014 | 4:11 pm
    Robert Wright explains some of the finer points of Bloggingheads:
  • Death to America

    Erik Loomis
    28 Nov 2014 | 1:06 pm
    I wonder if Iran is accepting American entries to its Death to America festival: As part of the campaign, Ouj also launched the “Death to America Grand Award” festival, sponsored by themselves and other similar organizations. The festival took place for the first time last year and gave away considerable cash prizes to its contestants. Now that the Vienna nuclear talks have ended inconclusively, the second festival is in the pipeline and billboards have gone up across the city to promote it. According to reports, its sponsors also include Hezbollah Cyber, Saraj Cyberspace Organization,…
  • “We must all remember how Our Lord and Savior suffered when the Romans stabbed Him in the McRibs.”

    28 Nov 2014 | 10:27 am
    The “church branding agency” probably should’ve went with Chick fil A — what with the in-built demographic crossover — but I can see “the McMass project” working out just as well.
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  • Business Evaluation Basics in Divorce

    28 Nov 2014 | 4:50 pm
    The first thing to understand is “Fair Market Value” and what this term encompasses within your jurisdiction. The common definition for fair market value is “the price, expressed in terms of cash equivalence, at which property would change hands between a hypothetical willing and able buyer and a hypothetical willing and able seller, acting at arm’s length in an open and unrestricted market where neither is under compulsion to buy or sell and when both have reasonable knowledge of the relevant facts.” The first place to look for your definition of value are state…
  • An Overview: Trust Division and Divorce

    19 Nov 2014 | 5:45 pm
    a. Overview of Revocable and Irrevocable Trusts A trust is an agreement that is held by one person (trustee–person who manages the trust) at the request of another (settlor –a person who creates and usually provides the funding for the trust) for the benefit of a third party (beneficiary – the person that receives the income or principal from the trust).1 Estate planning is accomplished in two ways: a (1) revocable trust; or (2) Irrevocable trust. A person can establish value of trust assets either way. When a settlor creates a revocable trust, this person has an option to…
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    Connecticut Employment Law Blog

  • A Thanksgiving to Remember: When Cancer Strikes

    Daniel Schwartz
    25 Nov 2014 | 7:17 am
    The moment when you learn your wife has cancer gets imprinted on your brain in a hurry. At least for me, it did. That happened back in February of this year.  I haven’t talked about it on the blog yet for several reasons including that my wife is much more private online than I am. But she suggested that I talk about it publicly on the blog now, if only to let others to know that they are not alone in having cancer affect them or a family member.  And to raise awareness of this very common type of cancer. You see, my wife is young — if you still count the early 40s as young…
  • Three Times a Charm

    Shipman & Goodwin
    19 Nov 2014 | 7:51 am
    Today, my colleague Marc Herman writes a follow up to his post on October 27th regarding wellness programs. Continuing its publically waged war against wellness programs, the EEOC has, once again, dragged another employer into the litigation minefield of the Americans with Disabilities Act. This time, Honeywell, Inc.––a Minnesota-based technology manufacturer––has, excuse the pun, got itself into a sticky situation, becoming the most recent, yet presumably not the last, victim of this purge. The alleged wrong? Nothing we haven’t seen before––according to the EEOC, Honeywell’s…
  • Expanded Data Breach Duties for Unionized Companies

    Shipman & Goodwin
    17 Nov 2014 | 11:32 am
    Company data breaches are becoming far too common.  Today, my colleague Jarad Lucan talks about the steps company’s need to take, both pre and post-breach.  If your company has a unionized workforce, you may need to adhere to additional duties. As we have reported in the past (the very recent past), it seems like there is a new headline regarding a company data breach almost daily (at the very least, weekly).  For instance, this week Coca-Cola Co. was hit with a putative class action in federal court contending that it failed to properly protect employee information contained on 55…
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    Special Education Law Blog

  • Happy Thanksgiving

    Jim Gerl
    27 Nov 2014 | 7:41 am
    . (Photo credit: Wikipedia)Happy Thanksgiving.This is one of my favorite holidays.  To help you celebrate, here are some fun facts about this holiday from our friends at the U. S. Census Bureau:#Thanksgiving, #turkeyIn the fall of 1621, the Pilgrims — early settlers of Plymouth Colony, held a three-day feast to celebrate a bountiful harvest. This event is regarded by many as the nation’s first Thanksgiving. The Wampanoag  Indians in attendance played a  key role. Historians have recorded ceremonies of thanksamong other groups of European settlers in North…
  • Bullying of Kids With Disabilities - Part IX

    Jim Gerl
    25 Nov 2014 | 12:51 pm
    In My Room from the Bully Series (Photo credit: Wikipedia)Bullying remains the hottest of hot button issues in special education law.  In the first installment of this series, 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 later installments, I have 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 important not just…
  • Weekly Question!

    Jim Gerl
    24 Nov 2014 | 6:00 am
    We are continuing our series on bullying of kids with disabilities. What else should school districts do to prevent the serious problem of bullying?------- Thanks for subscribing! Jim Gerl
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    Drug Injury Watch

  • Topamax Taken During Pregnancy Associated With A Significant Increased Risk Of Cleft Lip For Infants Born To Those Mothers

    Tom Lamb
    24 Nov 2014 | 2:15 pm
    Recently Revised Topamax Label Includes Data Of 2014 Annual Report From The North American Antiepileptic Drug (NAAED) Pregnancy Registry (Posted by Tom Lamb at By means of an October 21, 2014 FDA letter to Janssen Pharmaceuticals, Inc. we first learned there was going to be a label change concerning Topamax and cleft lips in infants: Revisions to Section 8.1 to describe the most recent data pertaining to the risk of oral clefts in infants exposed to topiramate during pregnancy, based on data from the 2014 Annual Report from the North American Antiepileptic Drug (NAAED)…
  • Because No Antidote For Eliquis Is Available To Reverse The Effects Of Anticoagulation, There Have Been Irreversible Life-Threatening And Fatal Bleeding Events

    Tom Lamb
    17 Nov 2014 | 1:20 pm
    A Reversal Agent For Eliquis Currently Under Development Comes Too Late For People With Trauma-Induced Bleeding Incidents, Some Who Bled To Death (Posted by Tom Lamb at Eliquis (apixaban) was the last of the three "new-generation" anticoagulants to make it to the market. It was approved by the FDA in 2012.  Pfizer and Bristol-Myers Squibb are the two drug companies which share the profits and responsibility for Eliquis. The first such new blood thinner released was Pradaxa (dabigatran), a direct thrombin inhibitor by Boehringer Ingelheim.  Next…
  • Xarelto: Drug-Induced Liver Injury Warning Should Be Added To Drug Label Prescribing Information For Xarelto Say Medical Researchers

    Tom Lamb
    10 Nov 2014 | 11:50 am
    Medical Journal Article Reports On Two Patients Who Experienced Severe Liver Damage Onset During Xarelto Treatment (Posted by Tom Lamb at Most adverse drug reaction case reports associated with the still relatively new anticoagulant Xarelto (rivaroxaban) involve serious bleeding side effects such as gastrointestinal (GI) bleeds and rectal bleeding as well as irreversible life-threatening trauma-induced atypical bleeding incidents. A recent article, however, published by the medical journal JAMA Internal Medicine, "Symptomatic Hepatocellular Liver Injury With…
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    Bankruptcy Home Blog

  • Chapter 13 bankruptcy plan can I get out of it?

    28 Nov 2014 | 9:05 am
    Visit for the original content posted here, Chapter 13 bankruptcy plan can I get out of it? Filing Chapter13 bankruptcy may have seemed like a good idea a few years ago, but three years into a five year Chapter 13 bankruptcy plan and your financial situation may have drastically changed. So what do you do if you … Continue reading →
  • Bankruptcy lawyer won’t tell me what to do why?

    19 Nov 2014 | 8:06 am
    Visit for the original content posted here, Bankruptcy lawyer won’t tell me what to do why? If you are facing a financial crisis you need solutions and fast. Going to a bankruptcy lawyer can help. They can review your budget and expenses and offer a variety of financial options. Recently on our bankruptcy forum a user … Continue reading →
  • What is the median income for Texas?

    10 Nov 2014 | 9:29 am
    Visit for the original content posted here, What is the median income for Texas? Bankruptcy restrictions were tightened under the Bankruptcy Abuse Prevention and Consumer Protection Act, which was passed in 2005, and signed by President Bush. One of the main provisions of the law, which took effect on October 17, 2005, was to make … Continue reading →
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    Asbestos HUB

  • The Use Of Beauty Or Cosmetic Products That Had Asbestos-Contaminated Talc May Be The Cause Of That Mysterious, Non-traditional Mesothelioma Case

    Tom Lamb
    21 Nov 2014 | 2:09 pm
    A couple of weeks ago we posted this article, “Mesothelioma And Cancers Caused By Asbestos-Contaminated Talc In Body Powder Products And Cosmetics: New Scientific Study Provides Evidence Of Asbestos Fibers In Talc”, which explored the asbestos-talc mesothelioma cancer situation. Given the facts set forth in the underlying news report by investigative reporter Andrew Schneider, “Study: Cosmetic talc products carry asbestos peril”, one would think that the US Food and Drug Administration (FDA) would be taking action. However, despite medical studies and lawsuits which point to…
  • Medical Study Of Amatuximab Plus Pemetrexed And Cisplatin In Patients With Unresectable Malignant Pleural Mesothelioma Shows Positive Results

    Tom Lamb
    14 Nov 2014 | 10:14 am
    This recent article, “Phase II Clinical Trial of Amatuximab, a Chimeric Antimesothelin Antibody with Pemetrexed and Cisplatin in Advanced Unresectable Pleural Mesothelioma”, initially published online in September 2014 by the Clinical Cancer Research medical journal, informs about an apparent advancement made in the treatment on malignant pleural mesothelioma (MPM). From the Abstract for this medical journal article: Purpose: Amatuximab is a chimeric monoclonal antibody to mesothelin, a cell surface glycoprotein highly expressed in malignant pleural mesothelioma (MPM). On the…
  • Mesothelioma And Cancers Caused By Asbestos-Contaminated Talc In Body Powder Products And Cosmetics: New Scientific Study Provides Evidence Of Asbestos Fibers In Talc

    Tom Lamb
    7 Nov 2014 | 1:07 pm
    An article by investigative reporter Andrew Schneider, “Study: Cosmetic talc products carry asbestos peril”, about the asbestos-talc mesothelioma cancer situation is frightening, as you will see, and perhaps fittingly it was published on Halloween day, October 31, 2014. From the start of this recent news report: Talc, the fine, powdery mineral used in thousands of consumer products by everyone from newborns to the elderly, can be a killer when it’s contaminated with asbestos, which some public health experts say happens far more often than miners and manufacturers…
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    Real Lawyers Have Blogs

  • Are blogs just another marketing channel for law firms?

    Kevin O'Keefe
    28 Nov 2014 | 6:07 pm
    Mitch Joel (@mitchjoel), President of Twist Image and a widely respected digital marketing professional, writes one could argue that the simplest thing for a traditional agency to tell to a client is “don’t worry about the Internet. It’s just a channel to communicate a message to an audience, like every other channel.” What a refusal to change as technology and your audience changes. What a mistake. What a lost opportunity to use digital marketing to meet the needs of your law firm’s revenue. Referring to blogs and social media as another marketing channel leads…
  • Law firms assume known and unknown risks in operating WordPress blogs

    Kevin O'Keefe
    26 Nov 2014 | 7:37 pm
    Pundits have made it sound easy to set up and operate WordPress blogs. So much so that law firm technology professionals are now assuming known and unknown risks by running multiple blogs with tens or hundreds of lawyer authors being read by a sophisticated audience. But operating WordPress sites does have risks. Jeffrey Roman (@gen_sec), writing for Bank Info Security, reports on the latest WordPress security issue which can enable anonymous users to compromise a WordPress site. We’re not talking a few sites. Nearly 86 percent of all WordPress installations, or about 75 million, are…
  • Top 10 in Law Blogs: Ferguson, Internet of Things, #Ubergate

    Colin O'Keefe
    26 Nov 2014 | 3:21 pm
    The holidays are officially here, and we’re closing up shop just a little early. Before heading out, we of course have today’s Top 10. Also, over on LXBN, Zosha has a piece on the legality of working on Thanksgiving. Oh, and if you missed it, I wrote today on biglaw making some headway on quality blogging. Total posts on the LexBlog Network today: 189. UAS: Dear U.S. Senators . . . . “Wake Up!!” – McLean, VA lawyer Mark Dombroff of McKenna Long & Aldridge on the firm’s blog, Plane-ly Spoken Marching Forward in the Face of Ferguson – Carol Ashley of the…
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    Digital Media Law

  • It’s a Play! It’s Live Internet TV! It’s Both, and it Opens in Los Angeles on Friday

    7 Nov 2014 | 1:00 pm
    ‘The Noir Series’ harkens back to the days of live TV but presents a thoroughly modern challenge to entertainment unionsBad Medicine,' a segment from 'The Noir Series,' features a chain-smoking doctor and two disconcerting nurses. Credit: Turner Munch.Somewhat like Shimmer, Saturday Night Live’s mysterious concoction that was both a floor wax and a dessert topping, a production called The Noir Series that runs this weekend in Los Angeles manages to be both a stage play and live Internet TV. You can buy “studio audience tickets” to see the show in person at the Schkapf Theatre or…
  • 'Citizenfour' Review: Quiet Moments in a Hong Kong Hotel Room as Edward Snowden, Journalists Fight to Save Democracy

    24 Oct 2014 | 1:44 pm
    Hong Kong has been ground zero this year in the fight for freedom, with students and Occupy leaders battling police for control of the streets in a desperate campaign to maintain the Chinese territory’s relative autonomy from erosion by the central Beijing government.But the city hosted much quieter freedom fighters a year earlier, not on the streets but in the confines of an international hotel room. When journalist Glenn Greenwald and documentary film maker / journalist Laura Poitras responded to emails from an intelligence community member who identified himself at first only as…
  • An Actor's Cautionary Tale: Cancer Diagnosis and a Drawn-Out Battle Over Residuals

    14 Aug 2014 | 12:58 pm
    Actors often complain about late residuals checks, although SAG-AFTRA has cut processing delays lately. But few stories compare to the battle waged by Alex Doe (a pseudonym), a voice actor who was diagnosed with cancer in 2012 and endured a 3-1/2-year residuals runaround from Warner Bros. and SAG-AFTRA that ultimately  threatened Doe's health insurance.(Residuals are royalties that are paid to actors, writers, directors and musicians when movies and TV shows are rerun or are released in other media such as DVD or the Internet. They're not small potatoes: residuals can amount to 40…
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    Securities Docket

  • Viewpoint: The SEC Wants Home Court Advantage for Insider Trading Cases | The Recorder

    Securities Docket
    28 Nov 2014 | 9:07 am
    The Securities and Exchange Commission, in its unceasing battle against illegal insider trading, has moved the fight to a place where the odds are stacked in its favor, by taking cases out of federal courts and bringing them instead as administrative proceedings before in-house administrative law judges. This development has prompted criticism, including a blistering attack by a prominent federal judge and legal challenges. via Viewpoint: The SEC Wants Home Court Advantage for Insider Trading Cases | The Recorder
  • Securities Docket News Wire for November 26, 2014

    Securities Docket
    27 Nov 2014 | 5:55 am
    Cyber Security Indeed: Deriv. Action Dismissed Where Bd. Proactively Addressed Cyber Risks and Exposures | D&O Diary -> Steven Cohen’s Ex-Wife Gets Outside Financing for Lawsuit — NYT ->
  • Final SEC Trial Scorecard for FY 2014: SEC Posts 5-7-5 Record in 17 Trials | Compliance Week

    Securities Docket
    26 Nov 2014 | 8:46 am
    In its FY 2014, which ended on September 30, 2014, the SEC litigated a total of 17 trials in federal court that went to a verdict. In those 17 trials, SEC had five outright victories in which it won on all of its claims, seven losses in which it lost on all of its claims, and five mixed verdicts in which it won on some claims and lost on others. via Final SEC Trial Scorecard for FY 2014: SEC Posts 5-7-5 Record in 17 Trials | Compliance Week
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    | Bachus & Schanker Attorneys

  • 7 Things To Do Immediately After a Car Crash

    Kyle Bachus
    13 Nov 2014 | 5:27 am
    There are certain things you should do immediately if you are involved in an automobile crash. This guide can help you think clearly and eliminate some of the stress and uncertainty you will likely be experiencing.
  • Is Tort Reform Really the Answer?

    Kyle Bachus
    7 Nov 2014 | 12:56 am
    Is tort reform really the answer to frivolous lawsuits? More studies are coming out that show that tort reform doesn’t produce substantial savings and even puts patient safety at risk. “Politicians often ask us for proof that “tort reform” makes us less safe. But “proof” was always difficult to find – until now.” Joanne Doroshow, Center for Justice & Democracy at New York Law School. Read Joanne’s Huffington Post article, “How Tort ‘Reform’ Ruins Health Care for Everyone” about three studies on tort reform.
  • How to Talk to Your Lawyer

    Kyle Bachus
    6 Nov 2014 | 12:52 am
    The legal landscape can be tough to navigate. Rocket Lawyer has 5 tips on “How to Talk to Your Lawyer.”
  • Bachus and Schanker Reviews

    Kyle Bachus
    28 Oct 2014 | 7:18 am
    Video Transcription Going through a car accident is an emotional up and down roller coaster, ride and experience. When you are going through it, it’s amazing to have somebody that’s there, who really can just take care of it. Because in hindsight, I couldn’t have done it myself. I would have gotten taken advantage of by the other side. It’s worth it to get somebody who knows what they are doing and can negotiate on your behalf. Everything that they have done, has been for me and I really appreciate that. When you go through an accident, so many people you find give up…
  • Car Accident Story: Kristina Crowley Bachus and Schanker Review

    Kyle Bachus
    28 Oct 2014 | 7:14 am
    Video Transcription It was a beautiful sunny day. I had been down that road, many of many of times. I was stopped for I don’t know what reason. I was hit from behind and he pushed me into two cars, and I took the brunt of the force of the accident. My seat-belt broke and I almost went through the windshield. I just remember it was such a beautiful day and that was the moment where a big part of my life changed. I just needed somebody to come take care of me and help me. When I was deciding on who I was going to give my case to I interviewed the heck out of the lawyer who came to talk to…
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    P.I.S.S.D. -- Personal Injury, Social Security Disability. Dallas Texas Lawyers

  • Friday Fun

    Bob Kraft
    28 Nov 2014 | 2:20 am
    Who doesn’t like cute puppies? Here’s one you’ll love.
  • Happy Thanksgiving!

    Bob Kraft
    27 Nov 2014 | 6:11 am
    Make the most of this great holiday by reaching out to family members who can’t be with you.
  • A Closer Look at Pedestrian Detection Technology: Does it Really Work?

    Bob Kraft
    26 Nov 2014 | 7:44 am
    Over the last few years there has been an increase in the demand of pedestrian detection systems in the automobile industry, manufacturers, and consumers. Providing such technology to the consumer became critical with the rise in injuries and fatalities surrounding higher-leveled vehicles such as SUVs. As with all new technologies that are designed to meet the needs of the consumer, there are pros and cons to its usage and capabilities. Development Mobileye, a distributor in the pedestrian detection technology industry, is constantly testing and quantifying multiple variables that must be…
  • The Essential Guide to Treating Injuries Like an Athlete

    Bob Kraft
    25 Nov 2014 | 7:24 am
    How is it that professional athletes can recover from injury like they’re being cared for by a magical wizard? Baseball players can miss less than a season after tearing major ligaments, football players bounce back from torn muscles, and Kobe Bryant even recovered from a ruptured Achilles—an injury that would end a normal man’s career—in just a few months. The Washington Post details the extraordinary level of care athletes get when they’re injured; they are waited on hand and foot by teams of trainers, doctors and specialists, and have access to the world’s best…
  • The Details Behind the Immigration Announcement

    Bob Kraft
    24 Nov 2014 | 11:09 am
    For anyone who might be confused by the president’s recent immigration announcement, or for those who just want to learn more details, an excellent explanation is available at the USCIS site.
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    Marquette University Law School Faculty Blog

  • President Obama’s Executive Orders are Constitutional

    Edward A. Fallone
    26 Nov 2014 | 9:47 pm
    A “head fake” is a basketball move where the player holding the ball feints as if starting a jump shot, but never leaves his feet.  Done correctly, it causes the defender to jump off of their feet in anticipation of the shot, arms flailing helplessly.  Meanwhile, the shooter calmly resets and scores a basket while the defender is harmlessly suspended in the air. Just over two weeks ago, the mid-term elections supposedly signaled the end of President Obama’s ability to drive the policy agenda in Washington.  Last Thursday night, the nation’s “Basketball Player in Chief” executed…
  • Calls for Doing Better Set Tone for Catholic Schools Conference

    Alan J. Borsuk
    20 Nov 2014 | 8:41 am
    Perhaps Kathleen Cepelka effectively summed up a half-day conference Wednesday on the future of Catholic kindergarten through twelfth grade schools simply by describing the state of the schools in the Archdiocese of Milwaukee. Cepelka, the superintendent of schools in the archdiocese, told the full-house audience in the Appellate Courtroom of Eckstein Hall about the strengths of schools in Milwaukee, about positive developments in enrollment, and about the many praiseworthy people and organizations involved in making the schools as good as they are. But, she said, the quality of some of the…
  • Immigration Reform and the Challenge of Democratic Self-Government

    Edward A. Fallone
    19 Nov 2014 | 3:08 pm
    News reports indicate that President Obama will soon announce how he plans to use Executive Orders to implement some aspects of Immigration Reform, due to the failure of Congress to address the subject legislatively.  I recently had the opportunity to participate in a program on Immigration Reform at the Law School on November 5, 2014, along with Stuart Anderson, the Executive Director of the National Foundation for American Policy and an Adjunct Scholar at the Cato Institute.  The event was sponsored by the Law School Chapter of the Federalist Society, the Marquette Immigration Law…
  • Congratulations to the 2014 Chicago Bar Association Moot Court Teams

    Melissa L. Greipp
    18 Nov 2014 | 4:38 pm
    Congratulations to 3Ls Stephanie Chiarelli and Adam Dejulio for reaching the octofinals of the Chicago Bar Association Competition this past weekend.  Attys. Kaitlyn Reise and Mindy Nolan coached the team and traveled to the competition.  3Ls Tyler Hall and Jeff Morrell also competed and were coached by Attys. Jaclyn Kallie and Dana Luczak.  All of the coaches are Marquette alumni who competed in moot court.  Professor Rebecca Blemberg advised the teams.
  • Supreme Court Roundup Part Three: Harris v. Quinn

    Edward A. Fallone
    15 Nov 2014 | 3:33 pm
    On October 30, I participated in a presentation entitled “Supreme Court Roundup” with Ilya Shapiro of the Cato Institute.  The event was sponsored by the Law School chapters of the Federalist Society and the American Constitution Society.  We discussed three significant cases from the 2013-2014 Supreme Court term: McCutcheon v. FEC, Burwell v. Hobby Lobby and Harris v. Quinn.  It was a spirited discussion, in which Mr. Shapiro and I presented opposing views, but I want to thank Mr. Shapiro for taking the time to visit the Law School and for sharing his perspective with the students.
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    Green Building Law Update

  • ASHRAE 189.1 - 2014 Green Building Standard Is Now Available

    Stuart Kaplow
    23 Nov 2014 | 12:53 pm
    Last week the 2014 version of the ASHRAE 189.1 Green Building Standard was published and became available for use.  ANSI/ASHRAE/USGBC/IES Standard 189.1-2014, Standard for the Design of High-Performance, Green Buildings Except Low-Rise Residential Buildingsaddresses site sustainability; water-use efficiency; energy ef­ficiency; indoor environmental quality; and the building’s impact on the atmosphere, materials and resources.  Standard 189.1 is an alternative compliance option of the International Green Construction Code. When Baltimore City adopted the IgCC last week, its…
  • International Green Construction Code Now Mandatory For All Building in Baltimore

    Stuart Kaplow
    17 Nov 2014 | 4:11 pm
    Last evening the Baltimore City Council adopted the International Green Construction Code 2012 as an overlay to the City’s building, fire and related codes. Baltimore, the 26th most populous city in the country, was among the first jurisdictions, in 2007 to mandate that all “newly constructed, extensively modified non-residential buildings” .. “achieve a Silver rating in the appropriate LEED rating system or satisfy the Baltimore City Green Building Standard” (a LEED-like local enactment). That mandatory law had some efficacy with new construction but almost no…
  • Mid Term Election Results Superb For Green Building

    Stuart Kaplow
    12 Nov 2014 | 8:31 am
    Election Day 2014 in which Republicans made big gains in Congress and statehouses across the country portends huge business opportunities for green building. As more conservative legislative bodies look to enact environmental and energy policies while driving up growth without enacting new mandates or imposing new taxes, enabling voluntary green building is positioned to be part of the new legislative agendas.  The newly elected Republicans are not 1960s Barry Goldwater environmentalists who favored “federal intervention with regards to the environment.” To the contrary, most…
  • FTC Warns 15 Businesses that their Biodegradable Claims May be Deceptive

    Stuart Kaplow
    3 Nov 2014 | 3:19 pm
    The Federal Trade Commission made public that its staff sent letters to 15 businesses last month warning that their biodegradable claims related to “oxodegradable” plastic waste bags may be deceptive.  Oxodegradable plastic is supposedly made with an additive intended to cause it to degrade in the presence of oxygen. Most waste bags are intended to be deposited in landfills, however, where not enough oxygen likely exists for oxodegradable bags to completely degrade in the time consumers expect. Contrary to the marketing, these bags may be no more biodegradable than ordinary…
  • LEED v4 Delayed, Again

    Stuart Kaplow
    29 Oct 2014 | 8:24 am
    The U.S. Green Building Council has announced that projects will still be able to register under the current LEED 2009 through October 31, 2016. News of the extension of LEED 2009 began circulating yesterday and is being heralded and widely supported as positive across the environmental industrial complex.  This is arguably the third extension of the date when projects must use the new LEED v4. The date is an extension from the close date of June 1, 2015, announced in summer 2102 when the vote on “LEED 2012” (now LEED v4) was delayed. In USGBC’s announced 3 year cycle…
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    California Employment Law Report

  • Five things to know about time off for holidays and holiday pay under California law

    Anthony Zaller
    28 Nov 2014 | 1:50 pm
    Happy Holidays! With the holidays upon us, it is a good time for employers to review their holiday schedule and these five reminders about holidays and holiday pay under California law. 1. California employers are not required to provide employees time off for holidays. There is no requirement that California employers provide time off (except for religious accommodations – see below) for holidays. California’s DLSE’s website states the following: Hours worked on holidays, Saturdays, and Sundays are treated like hours worked on any other day of the week. California law does…
  • Understanding immigration and labor reform laws on the federal and state level: President Obama's immigration proposal and California's change to immigration related laws in 2015

    Anthony Zaller
    21 Nov 2014 | 11:43 am
    President Obama's announcement of his controversial plan to provide amnesty for illegal immigrants to remain in the country who meet certain requirements raises a few employment and immigration issues for employers. Putting the politics aside, it is a good time for employers to review their obligations under the law to confirm a worker’s eligibility to work, especially given the new laws taking effect in California in 2015. Below are five areas involving federal and state immigration laws and verification requirements California employers need to be aware of going into 2015. 1. The…
  • Five lessons for employers from new meal break decision: In re Walgreen Co. Cases

    Anthony Zaller
    14 Nov 2014 | 9:54 am
    An appellate court upheld a trial court’s denial of class certification in a case brought against Walgreens. The appellate court’s decision provides a few good lessons for employers defending class action allegations. 1. Meal break cases are harder to certify as class actions after the Brinker decision. The California Supreme Court held in Brinker Restaurant Corp. v. Superior Court that employers had to make meal breaks available to employees, and had no obligation to ensure that employees took the meal break. The court in Walgreens acknowledged this, and explained by the make…
  • Five issues employers must understand about California's harassment and discrimination laws

    Anthony Zaller
    7 Nov 2014 | 9:22 am
    1. Automatic liability for a company when harassing or discriminatory conduct is taken by supervisors. A company is automatically liable for any harassment or discriminatory actions taken by its supervisors. Under California’s Fair Employment and Housing Act (FEHA), a supervisor is defined as anyone who has the authority to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend these actions to the employer. 2. When is a company liable for…
  • Friday's Five: Five new laws for 2015 that employers should review

    Anthony Zaller
    31 Oct 2014 | 2:32 pm
    Below are five new laws going into effect in 2015 that California employers should know about before the start of 2015. Employers should also take time and review their current policies to ensure compliance for the new year. 1. Mandatory paid sick leave. You’ve probably been beaten over the head from emails from your employment lawyer already about this new law, so I won’t rehash the particulars. If you need more information, see my prior post. 2. Must revise sexual harassment training to include anti-abusive conduct training. This is a simple revision to sexual harassment…
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    Social Security Disability Lawyer

  • Post Hearing Argument

    Maine Social Security attorney Gordon Gates
    24 Nov 2014 | 3:30 am
    At the close of a hearing, sometimes post-hearing argument is needed. Social Security's rules allow for oral and/or written post-hearing argument, upon request. See HALLEX section I-2-6-76. I prefer to submit a post-hearing brief, rather than make a statement at the close of the hearing. I think a brief has far more impact. The benefit of a post-hearing brief was demonstrated recently when I had testimony from a medical expert (ME) at the hearing that needed to be addressed. I submitted a post hearing brief stating that, given the specific testimony of the ME, the disability claim must…
  • The ALJ decision says that I remain insured through December 31, 2015. What does that mean?

    Maine Social Security attorney Gordon Gates
    17 Nov 2014 | 10:33 am
    A fully favorable ALJ decison usually contains a sentence like this: The claimant's earnings record shows that the claimant has acquired sufficient quarters of coverage to remain insured through December 31, 2015. A successful disability claimant may read that sentence and think that it means that the Social Security disability benefits will terminate on December 31, 2015. But that is not what the sentence means at all. This language in the decision simply refers to the date last insured, which is the date by which disability must exist to qualify for disability benefits under Social…
  • Open Enrollment for Affordable Care Act begins November 15

    Maine Social Security attorney Gordon Gates
    14 Nov 2014 | 3:05 am
    The open enrollment period for the Affordable Care Act to sign up for medical insurance coverage in 2015 begins on Saturday, November 15. To have coverage beginning on January 1, 2015 you must sign up by December 15, 2014. Ongoing medical treatment is critically important to support a claim for Social Security disability benefits. Many disability claimants do not have health insurance, which can make it difficult or impossible to obtain medical care outside of the Emergency Room. Local hospitals often have programs to provide free or subsidized care for those who live nearby and qualify…
  • Always Start with the DDS RFC

    Maine Social Security attorney Gordon Gates
    12 Nov 2014 | 3:00 am
    When Social Security Security evaluates a claim for disability, it uses a 5-step sequential evaluation. For steps 4 & 5 of the sequential evaluation, Social Security assesses your functional limitations and incorporates those limitations into a Residual Functional Capacity (RFC). That RFC is then compared to the requirments of competitive work to determine whether or not a person claiming disability is disabled under Social Security's rules. When evaluating a claim for disability, the RFC assessed by the state Disability Determination Services (DDS) should always be the starting…
  • Columbus Day & the 5 Day Rule

    Maine Social Security attorney Gordon Gates
    8 Oct 2014 | 7:45 am
    Columbus Day is one of those stealth federal holidays that does not get the attention of Memorial Day or Labor Day. It is relevant for those of us practicing Social Security disability law in the Region 1 (the New England states), because we have a 5-day rule for new evidence. The 5 days excludes weekends and holidays. So if you have a hearing during the week following Columbus Day, you must take the holiday into account when figuring the deadline for new evidence. Our office will be closed for the holiday. But our evidence for the upcoming cases has already been filed.
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    The Rainmaker Blog

  • What We’re Thankful For

    Stephen Fairley
    27 Nov 2014 | 5:06 am
    Everyone here at The Rainmaker Institute wishes each of you a Happy Thanksgiving and safe travels, whether you are going to family or they are coming to you.  Please know that we are grateful for your support every day of the year!
  • 7 Bad Behaviors That Are Sending Clients to Your Competition

    Stephen Fairley
    26 Nov 2014 | 8:20 am
    Are you wondering why your competition seems to be attracting new clients while you are not?  While there could be a number of reasons for this, the truth is that you have no control over what they do — only what you do. When it the last time you took a good look at how clients are really experiencing your law firm?  You may find that the answer to your question lies there.  I can think of seven common bad behaviors that send clients to the competition — are you committing any of these? Pushing for a commitment. If a prospect visits and doesn’t sign up with you right away,…
  • How to Determine Your Budget for Legal Marketing

    Stephen Fairley
    25 Nov 2014 | 9:30 am
    Implementing an under-funded legal marketing plan is just as bad as not using any marketing plan at all.  This is because of the Law of 7 Touches – which means that it takes 7 to 10 meaningful “touches” to move someone through the sales process to get them to the point where they are ready to buy from you. If your marketing plan only has enough money behind it to produce a couple of meaningful touches, it will be almost as if you never touched prospects at all because it won’t break through all the other marketing efforts made by other attorneys vying for that person’s time and…
  • The 3 Habits of Law Firm Marketing Masters

    Stephen Fairley
    24 Nov 2014 | 3:25 pm
    Law firm marketing is a competitive business. And there are many reasons why certain law firms fail to thrive or even survive. However, in my working with more than 10,000 attorneys over the years, I’ve discovered that there are essentially three common denominators among attorneys who succeed in growing their practices: 1.  Time.  Attorneys who succeed in marketing and growing their firms dedicate time to law firm marketing.  It may not always be their time, but they have someone who tends to the knitting day in and day out.  They know that the world is full of lawyers who don’t take…
  • Use the 5 “Ps” to Build an Unbeatable Law Firm Marketing Program

    Stephen Fairley
    21 Nov 2014 | 2:25 pm
    Having trouble figuring out the most effective law firm marketing methods? It’s important to avoid losing time and money to trial and error, and stumbling and fumbling around is a sure-fire way to waste lots of both when it comes to law firm marketing. If you don’t know the secrets of law firm marketing, you give your competition a huge advantage. Here are 5 principles of law firm marketing that will get you started in the right direction. Look for ways they apply to your current campaigns. People: Identify your target market. Analyze the characteristics of your best and worst clients and…
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    Defending People

  • In Which New Vistas Open Up

    Mark Bennett
    19 Nov 2014 | 6:39 pm
    It started with criminal First Amendment litigation. I fought for five years against a speech-restricting penal statute, learning the law along the way and finally punching a hole in the dam last year, freeing a lifetime’s worth of people who had already given up hope. Naturally, I went on the hunt for other statutes to kill. My friend and fellow TLC alumnus Don Flanary of San Antonio beat me to the improper-photography statute, but he only killed (in Ex Parte Thompson) the part dealing with photography in a public place, leaving the part dealing with photography in a restroom or…
  • In Which Texas Sex-Assault Law is Bizarre

    Mark Bennett
    5 Nov 2014 | 3:27 pm
    Texas Penal Code Section 22.011, Sexual Assault: (a) A person commits an offense if the person: (1) intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent; (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or (C) causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor… (f) An offense under this…
  • In Which Some Lawyers Are Suckers at Best [Updated]

    Mark Bennett
    5 Nov 2014 | 2:37 pm
    Dear _, We are pleased to officially inform you that you have been chosen to receive this year’s prestigious TOP 10 Attorney Award for the state of Texas. Through a multi-phase selection process, the National Academy of Criminal Defense Attorneys (NACDA) has chosen you to receive our organization’s highest honor because of the hard work and dedication you have shown in protecting the rights of the accused. The letter, signed by “Kelly D. Kerr, Executive Director,”1 was sent to a friend of mine by the “National Academy of Criminal Defense Attorneys, Inc.”,…
  • In Which We Look at Plea Numbers

    Mark Bennett
    3 Nov 2014 | 3:02 pm
    In 2013, while 8 percent of all federal criminal charges were dismissed (either because of a mistake in fact or law or because the defendant had decided to cooperate), more than 97 percent of the remainder were resolved through plea bargains, and fewer than 3 percent went to trial. The plea bargains largely determined the sentences imposed. While corresponding statistics for the fifty states combined are not available, it is a rare state where plea bargains do not similarly account for the resolution of at least 95 percent of the felony cases that are not dismissed; and again, the plea…
  • In Which Cultures Clash

    Mark Bennett
    31 Oct 2014 | 7:23 pm
    I recently had a discussion with a lawyer from another culture. One of my clients is a potential witness in one of his cases, and my client got tired of hearing from him. So I sent the lawyer a brief email asking that he not contact my client anymore. I said “please” and “thank you,” but otherwise didn’t mitigate my speech. Because the rule is very simple: in representing a client, a lawyer shall not communicate or cause or encourage another to communicate about the subject of the representation with a person, organization or entity of government the lawyer knows…
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    a public defender

  • 3 images about Ferguson you need to have handy today

    27 Nov 2014 | 5:25 am
    I bet you’re all going to hang out with family today. All families, by law, have one or two racist fucktards who are gonna go on and on about how the Officer was defending himself and acting properly in the line of duty. They’re not gonna get it, but to explain that requires reading. Here are three images – because people like your Uncle Bill aren’t the best at reading good – that you should print out and shove in their faces: Via. Note the staggering number of NA for Darren Wilson. Via. There’s more at the link. And if you really want to troll someone…
  • 1 thing you should do after Ferguson

    26 Nov 2014 | 5:03 am
    There are lots of websites out there giving you advice on what you can do to help and change things after Ferguson. It’s cute. It’s stuff like “understand things better” or “hold hands y’all” or “be good to each other” or “realize that black lives matter”. It’s hogwash. None of that will change anything. I’m here to give you the straight dope. The skinny. The real deal. The inside info. Here’s what you should do to change things. Get on a jury. Vote to acquit. Done. The more marginal, he-said she-said,…
  • Play guess the questioner

    25 Nov 2014 | 10:19 am
    Guess: is this a prosecutor questioning a victim? A prosecutor questioning a defendant? A defense attorney questioning a victim? A defense attorney questioning a defendant?
  • This isn’t about Michael Brown

    25 Nov 2014 | 5:58 am
    This isn’t about Michael Brown1. Or rather, it isn’t about just Michael Brown. It certainly isn’t about only this Michael Brown. It’s about race, power and a system that just affirmed itself. It’s about anger at a system which has trained the powerless to accept their lack of power over and over again. It’s about anger at a system, that despite the promises of the civil rights era, has only affirmed the status quo: some lives are worth more than others. Some people will always get punished more harshly than others. It’s about anger that those who are…
  • A Founding Father of incompetence

    21 Nov 2014 | 7:39 am
    This is Thomas Jefferson: This is Dennis Hawver, dressed at Thomas Jefferson, surrounded by people who are inexplicably not laughing their asses off at him: Hawver, a Republican and Libertarian once ran for Governor of Kansas and then attorney general and also for Congress. Needless to say, he failed in his quest for any office. Perhaps in keeping with his Jeffersonian obsession, he was also a criminal defense attorney. He also failed at that – and spectacularly so – but this time he wasn’t the only one who lost. His client, facing the death penalty, was duly sentenced to…
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    Federal Employment Law Articles

  • Happy Thanksgiving from my Lovable FMLA Abuser, Albuquerque Turkey

    25 Nov 2014 | 9:00 pm
    There is much to be thankful for this Thanksgiving, and I continue to be humbled by your support of this crazy, little FMLA blog. I am entirely grateful for your willingness to read and ponder my continued FMLA ramblings.
  • New ACA Guidance Permits Employer-Initiated Measurement Period Changes

    25 Nov 2014 | 9:00 pm
    The Internal Revenue Service (IRS) recently released Affordable Care Act (ACA) guidance addressing how to determine full-time status when an employee’s measurement period changes. The guidance, IRS Notice 2014-49, introduces a proposed method for applying the look-back measurement period in two scenarios. The first one involves a transfer of employment within the same applicable large employer (ALE) between two positions with different look-back measurement periods. In the second scenario, the employer changes the applicable look-back measurement period for an entire employee classification…
  • Expect the Best, Prepare for the Worst: OSHA Enforcement Looms Over Black Friday

    25 Nov 2014 | 9:00 pm
    “Black Friday” is the day after Thanksgiving and considered by many to be the start of the holiday shopping season. In recent times, the term “Black Friday” has been associated with the concept that retailers’ shift from operating at a loss (or in the “red”) to operating with a profit (in the “black”). The term, however, originated in the 1960s to describe the increased traffic and crowds caused by the combination of shoppers and football fans descending on Philadelphia to attend the annual Army-Navy football game that was traditionally played on the Saturday following…
  • Amended Minimum Wage Bill Heads to Senate Floor

    25 Nov 2014 | 9:00 pm
    Last week, the Senate Executive Committee recommended for adoption an amendment to Senate Bill 68, Senator Kimberly Lightford’s proposal to increase the minimum wage in Illinois. The amended bill could receive a vote from the full Senate as early as Tuesday, December 2.
  • Court Enforces Five-Year Noncompete Agreement in Connection With Sale of Business

    25 Nov 2014 | 9:00 pm
    Employers drafting and seeking to enforce noncompete agreements struggle with structuring the temporal and geographic scope of the proposed noncompete covenant. The Texas Supreme Court has wrestled over the last few years to define the boundaries of when noncompete covenants can be enforced against employees. A recent decision by the federal court sitting in San Antonio reminds employers that the law provides more latitude in structuring and enforcing noncompete agreements in the context of the sale of a business.
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  • Vote for the 2014 ABA Journal Blawg 100

    Michel-Adrien Sheppard
    28 Nov 2014 | 1:16 pm
    ABA Journal is holding its 8th annual Blawg 100 competition that allows readers to vote on the best legal blogs in 13 categories. Readers can register for free to be able to vote: We [ABA Journal staff] remember the blogs that have tipped us off to breaking news and the bloggers who have compelled us to write about their innovative ideas. And over the summer, we cue readers—and other bloggers—to write in and let us know about their favorites: When we can see their love for a blog is real and not a marketing hustle, it catches our attention. Now, it’s time for you, the reader, to…
  • The Friday Fillip: The Eleventh Month

    Simon Fodden
    28 Nov 2014 | 4:05 am
    Here, north of the equator, November is the Thursday of months. (Just as Thursday is the November of days.) It stands between you and a big holiday stretch, with nothing to offer but accumulating weariness and the irritating jingling telltales of better times to come — but not yet. Worse, November is dark, and when it’s not dark it’s grey. In fact, thanks to the increasingly contemned daylight saving time, November hosts the darkest morning of the year, a treasure that you might think would belong to the winter solstice. However, just before DST ends, which happened this year on…
  • Dreaming of the Future of Law Firms

    John Gillies
    28 Nov 2014 | 4:00 am
    In my previous post, I identified a number of themes that weaved their way through the sessions I attended at the annual conference of the International Legal Technology Association (ILTA) in August. I did note, however, that one session, entitled Do Robot Lawyers Dream of Billable Seconds?, was particularly provocative. I therefore opted to devote a full post, namely this one, to that one session. The panelists were (in alphabetical order) Stuart Barr of High Q, Joshua Lenon of Clio, Michael Mills of Neota Logic, and Noah Waisberg of Diligence Engine. The panel was ably led by Ryan McLead of…
  • Suzanne Côté Takes Justice LeBel’s Chair at the Supreme Court

    Simon Chester
    27 Nov 2014 | 3:08 pm
    On the eve of Justice Louis LeBel‘s retirement, the PMO has announced his replacement. A Gaspésienne. A woman. A litigator in private practice at Osler’s Montréal office. Suzanne Côté. In every way a safe appointment, which has already been warmly received, and which raises none of the delicate difficulties of the previous announcement concerning Justice Marc Nadon. The timing is interesting on a day when all eyes are on Pierre Karl Peladeau announcing that he’ll run – and Doug Ford saying he won’t. This story may get lost. The announcement stated: « Je suis…
  • Pregnancy and Parental Leave Top-Ups Are Separate and Distinct

    Yosie Saint-Cyr
    27 Nov 2014 | 6:00 am
    It is discriminatory for employers to deny parental supplemental employment benefits (top-ups) to birth mothers because they receive pregnancy benefits. So said the Supreme Court of Canada in its unanimous oral decision from the bench on November 12, 2014, agreeing with the British Columbia Teachers’ Federation (BCTF). The ruling stems from a grievance first filed by the federation in 2011 after teachers employed by the Surrey School District were denied parental leave benefits afforded in their collective agreement following the births of their children. The agreement provided…
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    Virtual Law Practice

  • Commission on Future of Legal Services Seeks Feedback

    Stephanie Kimbro
    6 Nov 2014 | 1:45 pm
    I was honored to be asked to participate in the ABA President’s Commission on the Future of Legal Services this year and next. This Commission is calling for Issues Paper feedback now through December 10th. For my legal tech friends and colleagues, if you have something to say, now is a good time to get it on the table. Details below. I like the ABA President this time around. I’ve heard President William Hubbard speak several times by now. I’ve heard him address some difficult criticisms of the ABA with grace at a conference on disruptive innovation in the market for…
  • Consumer Law Levels Up

    Stephanie Kimbro
    29 Oct 2014 | 10:22 am
    Two new options for consumer legal services entered the market in the past week. They are different in nature, but both provide alternatives for legal assistance and guidance. Both include different levels of legal guidance from licensed lawyers and some elements of self-help and unbundling of legal services. My stance on that has been that the value of a lawyer is great where the consumer can afford it, but some unbundled help even without a lawyer is better than leaving a consumer to flounder about on their own. First up, Avvo launched Avvo Advisor. Consumers can go online and connect to…
  • Meaningful Play & Legal Games Research

    Stephanie Kimbro
    17 Oct 2014 | 2:09 pm
    The annual Meaningful Play Conference (@meaningfulplay, #mplay) is being held this week at Michigan State University. This game conference takes an academic approach to how games can be used to educate and persuade the players. The conference explores how games can be designed and developed for meaningful purposes acknowledging that …games have the potential to impact players’ beliefs, knowledge, attitudes, emotions, cognitive abilities, physical and mental health, and behavior. I am unable to attend the conference, but my two fellow panelists, Lien Tran and Dan Jackson, are…
  • Teaching eProfessionalism to Law Students with Social Media

    Stephanie Kimbro
    29 Sep 2014 | 11:23 am
    Today I posted an article on the Legal Technology Blog, part of the Law Professor Blog Network, about the challenges of teaching eprofessionalism to law students in my Social Media and the Law course.  You can read the full post here. The trick with teaching social media to law students is that it is a personal choice the students have to make about finding the right balance between their personal lives, their friends and family and hobbies, and their soon-to-be professional lives. I give them my own choices in the use of social media as an example and teach them how to use the settings in…
  • Podcast: How to Provide Client Hand-holding in Virtual Law Practice

    Stephanie Kimbro
    15 Sep 2014 | 11:08 am
    Last month I joined in on a podcast for the ABA Journal with reporter Stephanie Francis Ward; Michelle Crosby, founder of Wevorce; and Fred Rooney, Director of Touro Law Center’s International Justice Center for Post-Graduate Development. The topic was “How do you provide client hand-holding if you run a virtual firm?” You can listen to the podcast on the ABA Journal site or read the transcript. Ward asked the three of us this question towards the end of the podcast: [C]an the three of you give me one tip on making that personal connection and doing it online? So combining…
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    Native American Legal Update

  • Navajo Nation Imposes New Tax On Junk Food

    Greg Guedel
    22 Nov 2014 | 3:37 pm
    The sales tax on cookies, chips, sodas and other junk food sold within the territory of the Navajo Nation is set to increase. Navajo Nation President Ben Shelly signed legislation that raises by 2 percentage points the sales tax on food with little to no nutritional value. Tribal advocates for the junk-food tax sought a bill that could serve as a model for Tribal communities to improve the rates of diabetes and obesity among Native Americans. "We want them to think twice about buying healthy foods instead of soda pop, potato chips and the junk food," said Gloria Begay, an advocate…
  • President Obama Proclaims National Native American Heritage Month

    Greg Guedel
    6 Nov 2014 | 8:50 am
    BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION Every year, our Nation pauses to reflect on the profound ways the First Americans have shaped our country's character and culture. The first stewards of our environment, early voices for the values that define our Nation, and models of government to our Founding Fathers -- American Indians and Alaska Natives helped build the very fabric of America. Today, their spirit and many contributions continue to enrich our communities and strengthen our country. During National Native American Heritage Month, we honor their legacy, and we…
  • Methane Gas Cloud Hovers Over Navajo Lands

    Greg Guedel
    4 Nov 2014 | 8:42 am
      NASA/JPL-Caltech/University of Michigan Space-based measurements have revealed a gigantic cloud of methane gas hovering over a coal production region on and near the Navajo Nation. This methane “hot spot” covers 2,500 square miles near the Four Corners intersection of Arizona, Colorado, New Mexico and Utah. It was reported in a study released on October 9 in the journal Geophysical Research Letters. Methane is a greenhouse gas more potent than carbon dioxide. It can be produced from industrial activities, agriculture, forest fires, and the mining and processing of fossil…
  • Historical Artifacts Halt World's Largest Tunnel Project

    Greg Guedel
    24 Oct 2014 | 10:42 am
    The Seattle Times is reporting that workers on the Highway 99 tunnel project on Seattle’s waterfront, the largest underground road tunneling project ever undertaken, have encountered a collection of shells that could indicate the presence of historic activity from indigenous tribes. Archaeologists with the Washington State Department of Transportation noticed the deposit and ordered the tunneling contractors to stop work. An archaeological investigation will be undertaken to seek further evidence of historical settlements and activity by indigenous communities. Any such finds are to be…
  • Legal Battle Keeps Jim Thorpe's Remains Far From Home

    Greg Guedel
    23 Oct 2014 | 12:46 pm
      As reported in Sports Illustrated, the family of sports legend Jim Thorpe has lost the latest round in a protracted legal battle to have his remains returned to his homeland of the Sac and Fox in central Oklahoma. The 3rd U.S. Circuit Court of Appeals overturned a ruling by a U.S. District judge that authorized Thorpe's remains to be relocated to Oklahoma. His body is currently buried in Jim Thorpe, Pennsylvania – at town with which he had no connection during his lifetime, but which changed its name to “Jim Thorpe” after his death specifically so he would be buried…
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    Technology & Marketing Law Blog

  • Creditors Can’t Seize Country Code Top Level Domains

    Venkat Balasubramani
    28 Nov 2014 | 7:54 am
    This is a ruling addressing plaintiffs’ ability to levy against a country code top level domain (TLD). Plaintiffs obtained judgments against the Islamic Republic of Iran, Democratic People’s Republic of Korea, and Syrian Arab Republic. shutterstock/sferdon: the dots They sought to attach defendants’ property that was allegedly in possession of ICANN (the “Internet Corporation for Assigned Names and Numbers”). The court says that plaintiffs cannot attach the authority to operate the country code top level domains. Country code domains are two letter country codes identifying…
  • Lawsuit Over User-Posted Celebrity Photos Survives Dismissal–BWP v. Hollywood Fan Sites

    Eric Goldman
    26 Nov 2014 | 12:31 pm
    I’m not much of a gossip site reader, especially when I can’t get the damn page to load properly and there’s a painful “your” typo on the front screenThe plaintiffs own copyrights in celebrity photos. The defendants run the “fan site network” with 1,500+ websites dedicated to celebrities, TV shows, etc. The complaint alleges that the entire fan site network is predicated on republishing stolen photos, and that the fan sites are run by “dummy webmasters” who do so without pay but under the network operator’s strict…
  • Perfect 10 Loses Copyright Suit Against USENET Service Provider–Perfect 10 v. Giganews

    Eric Goldman
    25 Nov 2014 | 9:26 am
    Giganews acts as a USENET service provider. Perfect 10 is the litigious pornographer that has helped define Internet copyright law for the last 15 years. It sued Giganews because Perfect 10’s copyrighted images are distributed on USENET. After over three years of pointless litigation, the district court finally put a stop to the lawsuit (in an oddly formatted opinion divided into 3 separate memos). The court rejected Giganews’ direct infringement for lack of “volition.” The question remains: what does “volition” mean in this context? I’ve always found…
  • PissedConsumer Defeats Preliminary Injunction–Roca v. Consumer Opinion Corp.

    Eric Goldman
    24 Nov 2014 | 8:44 am
    Roca makes and sells dietary supplements. They’ve made a series of legally dubious choices, but I think their problems start with their desire to suppress negative consumer reviews. The court describes that: [Roca’s] Purchase Agreement requires customers to agree that, unless they pay the full purchase price without conditions, they “WILL NOT speak, publish, print, blog or write negatively about The Product or The Company in any way.” (Techdirt has been covering Roca Labs’ legal meltdowns in some detail). Photo credit: man’s mouth with bronze or gold metal zipper…
  • Fifth Annual Internet Law Work-in-Progress Conference: Initial Participant List

    Eric Goldman
    18 Nov 2014 | 10:44 am
    From last year’s Internet Law Work-in-Progress Conference at New York Law SchoolOn March 7, 2015, Santa Clara University will be hosting the Fifth Annual Internet Law Work-in-Progress conference. Over 50 Internet Law scholars from around the globe have signed up to come. If you’d still like to join us, please contact me at your earliest convenience. We’re running out of room, so pretty soon I’ll be putting all new speaking requests on a waitlist. Here’s the initial participant list: Usman Ahmed // Georgetown Law (adjunct)/eBay David Ardia // University of North…
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    The California Employment Law Blog by Mediator Steven G. Pearl

  • In re Walgreen Co. Overtime Cases: Court of Appeal Affirms Denial of Certification in Meal Period Class Action

    Steven G. Pearl
    26 Nov 2014 | 8:00 am
    In In re Walgreen Co. Overtime Cases (10/23/14, pub. 11/13/14) --- Cal.App.4th ---, the plaintiffs sought to certify a class of hourly employees on the theory that Walgreens propounded a lawful meal period policy, but in practice Walgreens failed to provide its employees with compliant meal periods. The trial court denied their motion for class certification, and the Court of Appeal affirmed, holding as follows: The trial court held that employers must make meal periods available, but need not ensure that their employees actually take those meal periods. Slip op. at 3-6.
  • Martinez v. Joe’s Crab Shack Holdings: Court Reverses Order Denying Class Certification in Misclassification Action

    Steven G. Pearl
    24 Nov 2014 | 8:00 am
    In Martinez v. Joe's Crab Shack (2013) 221 Cal.App.4th 1148 (discussed here) the plaintiffs alleged that the defendants misclassified its salaried managers and assistant managers as exempt from California’s overtime requirements. The trial court denied certification, finding that the plaintiffs failed to establish typicality, adequacy of representation, predominance of common questions, and superiority of the class action mechanism. After the Court of Appeal reversed, the California Supreme Court granted review and remanded in light of its opinion in Duran v. US Bank N.A. (2014) 59…
  • LACBA Presents "Employment Law Nuts & Bolts" Program 11/15

    Steven G. Pearl
    6 Nov 2014 | 1:00 pm
    The Los Angeles County Bar Association is presenting "Employment Law Nuts & Bolts: Discrimination, Harassment, Retaliation and Wage and Hour Law" on Saturday, November 15, 2014, at Loyola Law School in Los Angeles. The program runs from 9:00 am until 12:15 pm. The program will focus on teaching the law to new attorneys, those in practice less than five years, or those with more experience outside of the employment law field who wish to gain a better understanding of employment law.The first panel will cover federal and state wage and hour law. I am moderating, with Lauren Teukolsky…
  • Dynamex Operations West v. Superior Court: Who Is An Employer? (Revisited)

    Steven G. Pearl
    5 Nov 2014 | 8:00 am
    In Martinez v. Combs (2010) 49 Cal.4th 35 (discussed here), the California Supreme Court held that the broad, three pronged definition of "employer" found in the IWC Wage Orders applies in minimum wages actions brought under Labor Code section 1194. The question after Martinez was whether the Wage Order definition of "employer" would apply in all wage and hour actions or whether courts would continue to look at the multi-factor test found in cases such as S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. Dynamex Operations West, Inc. v. Superior Court…
  • Godfrey v. Oakland Port Services Corp.: FAAAA Does Not Preempt Meal and Rest Period Requirements

    Steven G. Pearl
    4 Nov 2014 | 8:00 am
    In People ex rel. Harris v. Pac Anchor Transportation, Inc. (7/28/14) --- Cal.4th --- (discussed here), the California Supreme Court held that an Unfair Competition Law (UCL) action based on a trucking company’s alleged violation of state labor and insurance laws was not “related to a price, route or service” of the company and, therefore, was not preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA). In Dilts v. Penske Logistics, LLC, ___ F.3d ___ (9th Cir. 7/9/14, amended 9/8/14) (discussed here), the Ninth Circuit held that the FAAAA does not preempt…
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    The Securities Law Blog

  • Advisors Have Leverage

    26 Nov 2014 | 5:58 am
    Executive Recruiter Mindy Diamond finds that compliant advisors, with $100 million in assets under management, are in the driver's seat in the recruiting scene. We represent advisors across the country, insuring that they are in fact compliant, and working on the best possible deal to get out of their current firm, and into the new firm. Thinking of a move? Give us a call - 221-509-6544.For more information - Why Advisors Have Leverage | Financial Planning--- The attorneys at Sallah Astarita & Cox  have experience in all aspect of broker-dealer compliance, employment and litigation.
  • Citigroup Global Markets Fined for Equity Research Supervision Failures

    25 Nov 2014 | 6:45 am
    FINRA fined Citigroup Global Markets, finding that from January 2005 to February 2014, Citigroup failed to meet its supervisory obligations regarding the potential selective dissemination of non-public research to clients and sales and trading staff.According to the press release during this period, Citigroup issued approximately 100 internal warnings concerning communications by equity research analysts. However, when Citigroup detected violations involving selective dissemination and client communications, there were lengthy delays before the firm disciplined the research analysts and the…
  • SEC Press Releases - Accusation of Pump and Dump, Day Trading Scheme, Insider Trading, False Press Releases and more

    24 Nov 2014 | 9:51 am
    Three Penny Stock Promoters Behind Pump-and-Dump SchemesThree penny stock promoters have been charged with conducting pump-and-dump schemes involving stocks they were touting in their supposedly independent newsletters.Two Former Defense Contractor Employees Sanctioned for FCPA ViolationsTwo former employees in the Dubai office of a U.S.-based defense contractor have been sanctioned for violating the Foreign Corrupt Practices Act (FCPA) by taking government officials in Saudi Arabia on a “world tour” to help secure business for the company.  The two employees later falsified records…
  • Five Ways Fraudsters Trick Investors

    21 Nov 2014 | 9:39 am
    "People fall for fraud because fraudsters are that good with special effects. It seems that real,"Michael Hendon, a representative from the Commodity Futures Trading Commission.At a recent securities law summit, government representatives reviewed some of the tricks that dupe investors out of their money.Forewarned is forearmed.For more information - 5 ways fraudsters trick investors - Nov. 20, 2014--- The attorneys at Sallah Astarita & Cox include veteran securities litigators and former SEC Enforcement Attorneys. We have decades of experience in securities litigation matters, including…
  • Let Us Know - Ebola Related Scams

    20 Nov 2014 | 8:29 am
    While there have been a significant number of deaths from Ebola, the "outbreak" seemed to be largely a news story scam, at least in the United States.It is therefore hard to believe that a serious investor would even consider an investment in an Ebola treatment/cure/vaccine. But apparently that is not the case.FINRA has released an "investor alert" regarding Ebola related scams. FINRA advises "[i]f you are considering investing in a company that purports to develop products or services relating to Ebola, be aware that fraudsters often attempt to take advantage of the news as a hook for…
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  • Were Your Arguments Made in Chambers Preserved for Appeal?

    Andy Taylor
    21 Nov 2014 | 2:13 pm
    Arkansas Realtors Association v. Real Forms, LLC Any attorney who has spent much time practicing in court knows that many arguments and rulings are made in chambers (and off the record).  The question, then, is how to preserve arguments made in chambers.  The Arkansas Supreme Court’s recent decision in Arkansas Realtors Association v. Real Forms, LLC provides some guidance. 2014 Ark. 385.  Although the opinion does not include a definitive method to preserve such arguments, the takeaway is that attorneys must find a way to make the argument on the record. The facts of Arkansas…
  • Proceedings Under Trust Code (Rather than Probate Code) Not Appealable Unless Final

    Andy Taylor
    29 Oct 2014 | 9:41 pm
    In Bank of the Ozarks v. Cossey, 2014 Ark. App. 581, the Arkansas Court of Appeals addressed the question of whether an order that appears to be a non-final order is still appealable under Ark. R. App. P. (2)(a)(12), which permits an appeal from almost all orders entered in probate cases. Only a brief summary of the facts of this case is necessary.  In sum, there was a dispute about who was the trustee of the Hamilton Family Trust.  One of the beneficiaries of the trust, Ms. Cossey, filed a petition claiming that Bank of the Ozarks was the trustee and demanding an accounting from Bank of…
  • Arbitration Clauses Not Enforceable in Arkansas State Courts Where There is No Mutuality of Obligation

    Tasha C. Taylor
    28 Oct 2014 | 2:56 pm
    The Arkansas Supreme Court began its fall 2014 term with two decisions rendering arbitration clauses unenforceable in Arkansas state courts where such clauses contain no mutuality of obligation. Regional Care of Jacksonville, LLC v. Henry On September 11, 2014, the Arkansas Supreme Court affirmed the Pulaski County Circuit Court’s decision to deny a nursing-home facility’s motion to compel arbitration due to the absence of mutuality of obligation in the nursing-home facility’s admission agreement. See Regional Care of Jacksonville, LLC v. Henry, 2014 Ark. 361.  In Regional…
  • UPDATED: We Endorse Tim Cullen Over Robin Wynne for Arkansas Supreme Court

    Andy Taylor
    15 May 2014 | 7:57 am
    We Support Tim Cullen for Supreme Court This blog is mostly read by lawyers, but around election time, a lot of voters (who are not necessarily lawyers) visit our blog to learn about the candidates running for appellate court positions.  This year there is only one contested appellate court race. That’s the race between Tim Cullen and Robin Wynne for an open seat on the Arkansas Supreme Court. Before this election cycle, the Arkansas Appeals Blog had never endorsed a judicial (or any) candidate.  That changed when, in February, our good friend and mentor, Tim Cullen, decided to run…
  • Arkansas Supreme Court’s Procedural Ruling Has Practical Effect of Temporarily Stopping Same-Sex Marriages in Arkansas

    Tasha C. Taylor
    14 May 2014 | 4:16 pm
    Lack of Final Order Prevents Arkansas Supreme Court from Issuing a Stay of Pulaski County Circuit Court’s Ruling in Same-Sex Marriage Case The Arkansas Supreme Court handed down a decision late this afternoon dismissing without prejudice the appeal taken by the State from the Pulaski County Circuit Court’s recent decision declaring Arkansas’s ban on same-sex marriage unconstitutional. According to the per curiam decision, the circuit court’s order was not final because it failed to adjudicate all the claims or to otherwise include a Rule 54(b) certificate, which would…
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    Construction Law Musings- Richmond, VA

  • Happy Thanksgiving from Construction Law Musings

    Christopher G. Hill
    27 Nov 2014 | 7:00 am
    English: “The First Thanksgiving at Plymouth” (1914) By Jennie A. Brownscombe (Photo credit: Wikipedia) As I sit here with family on this Thanksgiving Day 2015,  I have much to be thankful for.  I have a thriving construction law practice, great clients, wonderful friends and of course the best, most supportive family a guy could ask for.  I also have some great readers and guest post contributors that make this corner of the “blawgosphere” (if that’s even a word anymore) a more interesting place. So without further ado, I wish you all a wonderful, happy and…
  • Should You Hire Help? Thoughts at ALPS 411

    Christopher G. Hill
    25 Nov 2014 | 7:00 am
    Wow! I’m privileged to let you know that I am on my 10th post at the great ALPS 411 practice management blog.  This time I’m “musing” on the considerations that I go through during just about every week of trial regarding whether to hire staff or not.  Here’s a taste: Over the course of the 4 and a half years of my solo practice, I, like many solo practitioners (and other owners of firms I’m sure) have considered the addition of staff to help with some of the administrative, marketing (whether through face to face meetings and conferences or online…
  • Monitor Yourself to Avoid Construction Risk

    Christopher G. Hill
    24 Nov 2014 | 5:00 am
    Originally posted 2011-10-31 09:00:14. Image via Wikipedia As I looked through my weekly piles of mail, an article in Constructor Magazine caught my attention.  The article was in the insurance commentary section of the magazine and is entitled “Avoiding Common Causes of Contractor Failure.”  While this article is written from an insurance perspective, many of the same principles that are found in the article apply from a legal perspective as well. Essentially, the article breaks down into two main points:  stick with what you know and don’t squeeze yourself to death. …
  • Talking Hiring a Construction Attorney at the HTRC

    Christopher G. Hill
    24 Nov 2014 | 5:00 am
    Thanks to Sean Lintow (@the_htrc) at The HTRC for the opportunity to “muse” on what I’d look for if I were trying to hire someone like me:  a construction attorney. I truly appreciate the opportunity, once again, to get my thoughts before another audience. Here’s a bit of a taste of what I had to say: When Sean asked me for what I’m sure will look like a fairly self-serving post (I am a construction attorney and construction mediator after all) I had to think for a while about how to make this post look more like what I hope it will be, good advice for choosing and…
  • Reminder: Your MLA Notice Must Have Your License Number

    Christopher G. Hill
    17 Nov 2014 | 6:00 am
    Virginia General Assembly (Photo credit: Wikipedia) Remember a couple of years ago when the Virginia mechanic’s lien rules changed to require inclusion of a claimant’s contractor’s license number (where a license is required)?  If not, then this is a reminder of that particular wrinkle in the strictly interpreted mechanic’s lien statute.  This requirement applies to all mechanic’s lien memoranda and, like all parts of this crazy statute, will invalidate a lien if not met.  Well, another change to the statute happened with a bit less fanfare. The change back in…
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    Lowering the Bar

  • FOLLOWUP: Also Don't Point Anything at an Officer. Even a Banana.

    26 Nov 2014 | 11:53 am
    With remarkable timing, someone sent me this item just as I was publishing a post about what to do and not do when encountering officers at internal checkpoints. I did mention that you should "not do anything crazy," and just to clarify, that includes pointing anything—anything at all—at a police officer. Because they plainly could mistake anything at all for a weapon. According to FOX31 in Colorado, 27-year-old Nathen Channing was arrested Sunday night "for pointing a banana at a pair of Mesa County Sheriff’s deputies, both of whom initially believed the piece of fruit was…
  • Just Say No to Internal Checkpoints. Preferably After Breathing Helium.

    26 Nov 2014 | 10:58 am
    Needless to say (I hope), don't just drive through them, don't do anything crazy, and for God's sake, don't turn into a mindless demon and charge through a hail of gunfire in a hopeless attempt to kill an armed police officer who has the drop on you. But as Boing Boing reminds us today, you are not required to answer questions or consent to a search at these checkpoints. Just politely but firmly say no, and if possible, suck down some helium before responding and get it on video. Be right with you, officer That's what Robert Trudell does. These are…
  • Ferguson Grand Jury Evidence (WARNING: NON-COMEDIC POST)

    25 Nov 2014 | 3:31 pm
    Not that the outcome isn't a real hoot, but this is really just to provide a couple of links for those who are interested. First, this New York Times page has all the grand jury evidence in one place, including testimony, forensic reports, etc. Second, I for some reason spent a couple hours last night sort of live-tweeting me reading the testimony of the crime-scene investigator and of Darren Wilson, and if you for some reason are interested in seeing how that unfolded, my Twitter feed is here. The investigator's testimony was not that interesting (the reports probably are), but I…
  • Court Unconvinced by Lawyer Dressed as Thomas Jefferson

    24 Nov 2014 | 10:40 am
    Today in Least Surprising Updates:  The Kansas Supreme Court unanimously held on November 14 that Dennis Hawver would be disbarred for violating seven ethical or court rules when representing a defendant who was ultimately sentenced to death. The opinion actually doesn't mention Hawver's choice to appear before it dressed as his favorite Founder, Thomas Jefferson, but otherwise pretty much everything we discussed back in September is covered. See "'I Am Incompetent!' Lawyer Argues Unnecessarily," Lowering the Bar (Sept. 18, 2014) (with link to video of the argument).
  • Tribunal Reinstates Man Fired for Chicken-Dance Harassment

    24 Nov 2014 | 5:30 am
    One major aspect of the reasons for dismissal, which involved a finding that the applicant performed the "chicken dance" as an intentional act to intimidate, harass or otherwise harm another employee, was simply fanciful and did not represent a valid reason for dismissal. —Commissioner Ian Cambridge Cambridge ruled that the applicant, described as an "alpha male" with a "somewhat disagreeable demeanour" and a history of insulting other employees, should have been given a "final warning" rather than being terminated on the apparent pretext of intimidation by chicken dance. "Even unpleasant…
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    Ohio Family Law Blog

  • Divorce: Dividing iTune Libraries and Other Digital Assets

    Robert L. Mues
    22 Nov 2014 | 12:13 am
    What Happens To Your Digital Assets In A Divorce? Digital Assets Library That Can Be Divided In A Divorce Process Include Kindle, iTunes, Xbox Live, Games, Apps And Other Digitally Downloaded Media Traditionally, when dividing assets in a divorce, each individual looks to their assets obtained during the marriage.  When these assets are identified, the process of dividing those assets up then runs its course.  Today, with the constantly changing technological field, assets are not merely tangible objects anymore.  For example, your iTunes library is not a tangible asset, yet it does have…
  • Cohabitation Births On The Rise As Marriage Stats Fall

    Robert L. Mues
    15 Nov 2014 | 12:27 am
    Marriage Rates Decline While Births For Cohabitation Couples Increase According To A Recent Study At Least One Child In Eight Is Born Into A Cohabitation Parent Family. Economic Factors Play Role In Non Marriage Births A recent study by the Council on Contemporary Families discusses the increase in cohabitating couples and planned children.  In births among cohabitating couples have increased 58% from 2006 to 2010. The study also suggests that half of these births were planned.  All in all, the rise in cohabitation is well documented, with cohabitation playing an increasingly prominent role…
  • Let Children Learn How to Deal with Life’s Problems

    Guest Contributor Gregory Ramey, PhD, Child Psychologist and Dayton Daily News Columnist
    7 Nov 2014 | 11:00 pm
    Bad experiences in early childhood have a significant impact on kids during adolescence, according to recent research published by Child Trends. Investigators found that 48 percent of our kids experienced a serious negative event during childhood, with 11 percent of our kids having to deal with three or more severe situations. The most common negative events were serious economic hardships (26 percent of kids), divorced or separated parents (20 percent), and living in families with serious problems with alcohol (11 percent), violence (9 percent) or mental illness (9 percent). Youngsters who…
  • Custodial Interference: Effective Parental Action is Often Necessary

    Guest Contributor, Judianne Cochran
    31 Oct 2014 | 10:58 pm
    Guidance From A Qualified Family Law Attorney Can Be Key For The Successful Recovery And Return Of A Missing Child In Custodial Interference Cases Our guest contributor this week is Judianne Cochran a nationally recognized expert/consultant in the following disciplines: sex offender profiling; interstate and international parental abduction (custodial interference); interstate custody and parental alienation. Judi has been a guest contributor to the Ohio Family Law Blog since 2008. She has testified in numerous Courts throughout Ohio and the country. Judi presently resides in Columbus, Ohio.
  • Artemis Center Provides Assistance To Victims Of Domestic Violence

    Anne Shale
    24 Oct 2014 | 11:47 pm
    An Update on Dayton’s Domestic Violence Resource Agency – The Artemis Center in Montgomery County, Ohio As the month of October is Domestic Violence Awareness Month, I chose to update an Ohio Family Law Blog article I had posted six (6) years ago on October 25, 2008.  Click here to read it. On Friday, October 10, 2014, I again travelled to Artemis Center to meet with and interview the new Executive Director, Judy Strnad.  Ms. Strnad is a graduate of DePaul University and received a Master in Social Work degree from the University of Illinois in Chicago. The new Director has over…
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    3 Geeks and a Law Blog

  • Using Novelty, Surprise, and Shock to Change Behavior

    25 Nov 2014 | 9:14 am
    Image [cc] Brainware3000 As I was going through my Facebook feed this morning, I noticed an update from Amy Hale-Janeke that pointed to an article on "How to Stop Annoying Behaviors and Handle Offensive People." For strictly research purposes only, of course, I read the article, which led to me watching Dan Pink's 2009 Ted Talk, and then to Pink's short video on Crowd Control: Top 5 Jaywalkers. It was extremely interesting to listen as Pink discussed how businesses incentive methods are shown to be ineffective when reviewed by social scientists. Methods meant to improve performance…
  • Lex Machina and the Wave of Legal Research and Analytics Resources

    13 Nov 2014 | 7:12 am
    Image [cc] Giulia Forsythe There are very few legal research and analytic platforms that are truly unique, ground-breaking, advantage-giving resources. One of the newer products out there that does seem to fit this category is Lex Machina. Although I'm still not sure the proper pronunciation of the "Machina" (is it "Mah-CHEE-Na" or "Mak-IN-ah" or "Mah-KEEN-ah"?? ), it is one of the few products where I've heard lawyers from multiple firms say it is a "must have" as part of their IP litigation arsenal. In fact, when talking with an IP Lawyer at a conference once, that lawyer said "I…
  • The Top 5 Myths of Law Library Outsourcing – And the Unsung Heroes

    12 Nov 2014 | 9:01 am
    Image [cc] Richard Aird [Editor Note: Please welcome guest blogger, Deborah Schwarz, CEO and Founder, LAC Group. Since we know there has been a lot of talk about outsourcing in library services, we thought it would be interesting to get Deb's perspective on what she hears from the business side of Managed Services for law libraries. So our thanks to Deb for giving us five things she hears, but thinks are misperceptions when it comes to Law Library Outsourcing. - Greg Lambert] As the legal landscape continues to shift, law firms are looking for every possible advantage to…
  • Free Webinar on Competitive Intelligence Deliverables - This Thursday 11/13

    10 Nov 2014 | 1:52 pm
    Update 11/18/2014: A recording of the presentation, handouts, and examples are available on the CIBlawg site. NOTE: The Webinar has been over-subscribed! Unfortunately, this may mean that some of you may not be able to log in and listen.  The Slides of the presentation will be available shortly after the webinar. Seems like AALL and PLL have a popular thing on their hands, and hopefully will present additional CI webinars soon. - GL If you've ever wondered what Competitive Intelligence looks like, then sign up for this free webinar sponsored by Private Law Libraries…
  • Competitive Intelligence, Short and Sweet

    7 Nov 2014 | 12:00 am
    Image: Internet Mapping Project Law Technology News recently published a two-part series on Competative Intelligence, authored by Oz Benemram and Louise Tsang. Part One offers an overview of types of CI programs.  Part Two covers the building of CI teams.  Focused and to the point, the articles offer a nice primer on points to consider in building or modifying CI teams and products. 
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    The High-touch Legal Services® Blog...for Startups!

  • May a Minor Form an LLC?

    18 Nov 2014 | 4:39 pm
    This post – asking “May a minor form an LLC?” – is a companion to May a Minor Form a Corporation? I have been wanting to write this post for more than two years, ever since writing the corporation post referenced above. However, as explained further below, I felt uncomfortable doing so because I was somewhat unsure of the answer. No Authoritative Answer After hours of online research, I found no authoritative answer. Some people (including some lawyers) state that a minor may not form an LLC. However, they cite no authority supporting this proposition. They appear…
  • What are Repeated and Successive Transactions?

    13 Nov 2014 | 7:35 pm
    In Doing Business in CA? Be Sure to Register, I discussed when a foreign entity must register to do business in California. The test is whether the entity has transacted intrastate business, i.e., has engaged in repeated and successive transactions of business within the state. This post explores the meaning of “repeated and successive transactions“. “Repeated and Successive Transactions” Not Defined The term “repeated and successive transactions” appears in Corporations Code Subsection 191(a). Unfortunately, that term is not defined. However, another…
  • Who Is Bound by a Pre-incorporation Contract?

    11 Nov 2014 | 5:36 pm
    This post about entering into a pre-incorporation contract is based on a question I answered on Avvo. See Can I legally speak as my company in things like terms & conditions if I have not officially registered the company yet? The term “pre-incorporation contract” properly should apply only to corporations, because that is the only type of business entity that is incorporated. Other types of business entities, such as limited liability companies (LLCs), are formed, rather than incorporated. However, as is discussed below, a pre-formation contract (in California, at least) is…
  • Fraudulent Email Prohibitions Supplement CAN-SPAM

    6 Nov 2014 | 4:17 pm
    In Commercial E-mail and CAN-SPAM: What You Need to Know, I discussed how the federal CAN-SPAM Act makes commercial email more truthful, more transparent and more avoidable. This post addresses how California law concerning fraudulent email supplements CAN-SPAM. In particular, this post discusses preemption, by which, under certain circumstances, U.S. federal laws can invalidate state laws that address a given subject matter. Federal Preemption by CAN-SPAM Many states (including California) had passed anti-spam legislation before CA-SPAM took effect. In an effort to set a national standard,…
  • Can Parties Enter Into a Perpetual Contract?

    5 Nov 2014 | 6:51 pm
    This post is about whether parties may enter into a perpetual contract (one that never ends). It is adapted from my answer to a question on Quora. See Is it possible to structure a contract with no end date? It turns out the the answer depends, to some extent, on which state’s law applies. California: Perpetual Contract Can Be Terminated For example, in California a perpetual contract can exist, but any party may terminate it at any time. In Zee Medical Distributor Assn. v. Zee Medical, the California Court of Appeal for the First District discussed a three-step analysis concerning…
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    Gamso - For the Defense

  • Because you're lucky

    27 Nov 2014 | 8:48 pm
    It's Thanksgiving.  Squanto.  Pilgrims in silly hats.  That long table Ours was a a small gathering this year, just five of us (and the dog).  We ate well, drank decent wine (there will be more with the leftovers tomorrow, had good conversation, took family photos to send to friends.  (Not posting here, sorry.)We are I have to say very lucky.  Not so many others.  The poor, the infirm, the homeless. Those in jails and prisons, those living in places and under far harsher than even the worst of the mean streets of greater Cleveland.  It is worth on…
  • Close Your Eyes and Pretend Really Hard

    25 Nov 2014 | 4:43 am
    Scott Greenfield makes a point, with some regularity, that we shouldn't be in the business of making people stupider.H.L. Mencken said that "Nobody ever went broke underestimating the intelligence of the American public.It's not actually P.T. Barnum who said, "There's a sucker born every minute."And then there's Paul Cassell.  Former federal judge, law professor, scold, and holder of one of the soapboxes at the Volokh Conspiracy.  For several days now, he's been offering a string of misleading claims about the grand jury process and transparency and how when (he always said if,…
  • Angel Cordero - Coming Home

    24 Nov 2014 | 7:51 pm
    It's all supposed to be hunky dory.  You're 25 years old.  Convicted, sentenced to prison for attempted murder, a crime you insist you didn't commit.  Spend 13 years locked up.  Then get released.  Now you're 38.  Not exonerated.  Not apologized to.  Just released.  Have a nice life.  And stay out of trouble 'cause you're still on paper and if you don't play by the rules we'll yank you back.It's all good now.  Oh, sure, someone will have to teach you what a smart phone is - and how to text. But hey, you go back home and have a beer.
  • It's Not Like Knowing Would Matter

    24 Nov 2014 | 4:50 am
    The thing that's different about Scott Panetti isn't that he's on death row even though he won his case in the U.S. Supreme Court.   The court didn't say he should be freed, after all.  It didn't even say they couldn't kill him.  Just that they had to reconsider.Nor is the thing that's different about Scott Panetti that he's on death row even though he's batshit crazy.  Panetti, after all, is on death row in Texas where that's no impediment.  After all, they keep Andre Thomas there, in a mental unit, and insist that they plan to kill him for the murder of his family,…
  • Print the Legend

    21 Nov 2014 | 10:40 am
    Those of you of a certain age know that Davy Crockett was the last defender at the Alamo to be killed, swinging his empty rifle (ol' Betsy) like a baseball bat at the hoards of Santa Ana's men who've overrun the mission-turned-fort.  Or so Walt Disney told us.  There is in fact some reason to believe not only that the detail is not true but that David (his preferred way of referencing himself) Crockett was actually captured by Santa Ana's troops and then executed.  What's the truth?  Does it matter?Hold those questions for a moment while you consider the blog of Judge…
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    VirtualMarketingOfficer Blog

  • Are you ready to deck the halls with boughs of social media content?

    Jayne Navarre
    10 Nov 2014 | 5:39 pm
    There’s a holiday feeling in the air. The invites to parties, soirees, concerts, and other festive affairs are about to hit your December calendar. The law office canteen will soon be filled with cookies and candies. Greeting cards are printed and soon to be lined up on the conference room table, ready for signatures. Law firm client gifts are approved and ordered. The database housekeeping and eCard production is done. Ooops. You didn’t forget your holiday social media content plan did you? Deck the Halls with Boughs of Content… All year long you’ve been collecting followers, friends…
  • Praise for FAIL: An entertaining detective mystery with a conscience…

    Jayne Navarre
    3 Nov 2014 | 3:32 pm
    The glorious lack of success in almost any bad situation can be summed up in a single syllable—fail. However, FAIL, a recently released detective mystery novel by award winning author Rick Skwiot (Blank Slate Press, St. Louis, Missouri, Oct. 2014), is a glorious success that receives my highest recommendation—a real page-turner. Skwiot’s writing, working meticulously like a treacherous black widow spider, pulled me craftily into the mean streets of St. Louis, Missouri, an otherworldly chasm of urban decay and corruption. Weaving tough subjects—criminal justice, inner city schools,…
  • My Steinbrenner Rule: A good pitching arm alone is not why you invest $28 million

    Jayne Navarre
    28 Oct 2014 | 9:38 am
    If you’re like me, you’ve pushed at least one costly project through your law firm that didn’t turn out as you had expected. But you learned something in the process—failure can be a good teacher. It happens to everyone. It happened to me. What I once learned is what I now call my Steinbrenner rule: A good pitching arm alone does not guarantee a win. George Steinbrenner, the legendary New York Yankees’ owner, re-signed Roger Clemens, who was near the end of his distinguished, albeit controversial, career, with a precedent setting $28 million contract in 2007. Although Clemens was…
  • Tips for Hiring a Law Firm Marketing Consultant: Part II – The Endgame

    Jayne Navarre
    8 Sep 2014 | 2:08 am
    My law firm administrator once said to me, in exasperation, “Consultants tell you what to do, not how to do it.” And he’s right. A consultant (from Latin: consultare “to discuss”) is a professional who provides professional or expert advice in a particular area or specialized field. – Wikipedia A consultant brings wide knowledge of the subject matter to a firm on a temporary basis. The overall impact of a consultant is that the client will have access to deeper levels of expertise than would be feasible for them to retain in-house, and may purchase only as much service…
  • Tips for Hiring a Law Firm Marketing Consultant: Part I – Specialization

    Jayne Navarre
    4 Sep 2014 | 4:15 pm
    October is “just around the corner,” which signals that wonderful month of the year when you are asked to prepare next year’s marketing budget. No such luck as a blank check. The temptation to procrastinate will be strong. Seriously, speaking from experience, get the gears turning as there is not enough holiday candy in the world to keep the bean counters, or your boss, off your back through the end of December. #FAIL It probably goes without saying, but, marketing encompasses (almost) everything a law firm does—what problems it addresses, how it solves them, what it costs, where it…
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    Technically Legal

  • Music Publishers Sue Cox For Users’ Copyright Infringement

    Ben Snitkoff
    28 Nov 2014 | 9:04 am
    The WSJ is reporting that music publishers BMG and Round Hill Music are suing Cox for copyright infringement. Details are sparse in the article and we haven’t been able to locate a copy of the complaint yet, but the gist of the suit appears to be that BMG and Roundhill notified Cox of repeat infringers, but Cox did not disconnect those users from the internet. One of the conditions for a service provider to be eligible for the DMCA safe harbor is that they: (A) ha[ve] adopted and reasonably implemented, and inform[ed] subscribers and account holders of the service provider’s system or…
  • Apple Hit With $23 Million Patent Infringement Verdict

    Ben Snitkoff
    19 Nov 2014 | 5:14 am
    Apple Inc. lost a big patent infringement case against MTel in the Eastern District of Texas. It’s safe to assume that Apple will appeal, and a likely target of that appeal will be a recent decision from the Federal Circuit criticizing certain methods of calculating damages. The patents related generally to text-based communication. Related posts: District Court Awards Fees In Patent Dispute The blogosphere has been going a little bonkers over a... Patently-O: Data Structures Patent Ineligible It’s been a slow couple of weeks in tech-law news,... Raise or Waive – The Federal…
  • “Program Recognition Device” Triggers Means-Plus-Function Analysis

    Ben Snitkoff
    14 Oct 2014 | 12:04 pm
    Patent laws in the US have long allowed inventors to claim their invention using “means-plus-function” language. But, for the last two-decades or so it has generally been a bad idea to do so. Means-plus-function language allows you to describe your invention using functional language: “a means for lifting a bar” or “a means for receiving a phone call.” If an inventor uses this language she is limited in what the claims cover to any corresponding structures in the disclosure of your patent. If she is claiming the means for lifting a bar, and only discloses a…
  • Do You Believe In Magic?

    Ben Snitkoff
    8 Oct 2014 | 7:30 am
    Teller, of Penn & Teller, recently won a resounding victory in Federal District Court in Nevada. This case has stretched on for about two years, due mostly to the foreign defendant avoiding participation in the case, and representing himself. In 2012, Defendant Gerard Dogge posted a video on YouTube showing an improved version of Teller’s famous Shadows illusion (seen here with commentary). The improved routine consisted of the same effect, with nearly identical staging and progression. The main differences were that a clear vase was used, and water was poured from the vase after…
  • The Lighter Side of Patents

    Ben Snitkoff
    25 Sep 2014 | 4:35 pm
    Every once in a great while you come across a patent opinion that contains a little whimsy (not for the losing party, but for everyone else). Today was one of those days. In 2010, two inventors filed for a utility patent on a cover for a propane tank to be used during tailgating. Why, you ask, for such a specific purpose? Because it looked like this. The Patent and Trademark Office rejected the claims as obvious over prior art that included chemical tanks and a decorative beer koozie, as reproduced below. The inventors appealed, and the Federal Circuit affirmed. The court held that the…
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    The Jury Room

  • “Trial consultant quackery”: Here we go again…

    Douglas Keene
    28 Nov 2014 | 4:02 am
    We are again honored by our inclusion in the ABA Blawg 100 list for 2014. If you value this blog, please take a moment to vote for us here in the Litigation Category. Voting closes on December 19, 2014. Doug and Rita We just wrote about popular blogs picking up old survey data and discussing it as though it were new and relevant. Now, Pacific Standard magazine has published a rehashing of the content of a book published in 2002 as though it was fresh and new. Our friend and colleague, Ken Broda-Bahm over at Persuasive Litigator has done a blog post that looks carefully and critically at the…
  • Women who trust too much: The Unmitigated Communion Scale

    Rita Handrich
    26 Nov 2014 | 4:02 am
      We are again honored by our inclusion in the ABA Blawg 100 list for 2014. If you value this blog, please take a moment to vote for us here in the Litigation Category. Voting closes on December 19, 2014. Doug and Rita Back in August we wrote a post on a study saying women are lied to more in negotiations. One of our readers re-tweeted the post and added, “Happy Women’s Equality Day”. Another article from the same research group says women are more likely than men to trust a liar again after they learn of deception. The authors we are studying today conducted three separate…
  • Thin-slicing infidelity: Brief observation can reveal more than you ever thought!

    Douglas Keene
    24 Nov 2014 | 4:02 am
    We are again honored by our inclusion in the ABA Blawg 100 list for 2014. If you value this blog, please take a moment to vote for us here in the Litigation Category. Voting closes on December 19, 2014. Doug and Rita Our clients are routinely stunned by the accuracy of  mock juror impressions of witnesses and parties based on a 6 to 8 minute video clip from depositions. Mock jurors quickly assess character and are often eager to share their insights. Their comments can be insightful, surprising, and sometimes biting in their judgments. So, okay. It’s probably reasonable that brief…
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    Karl Bayer's Disputing Blog

  • Use and Perception of International Commercial Mediation and Conciliation

    Beth Graham
    26 Nov 2014 | 12:00 pm
    Professor S.I. Strong, Associate Professor at the University of Missouri School of Law has published “Use and Perception of International Commercial Mediation and Conciliation: A Preliminary Report on Issues Relating to the Proposed UNCITRAL Convention on International Commercial Mediation and Conciliation,” University of Missouri School of Law Legal Studies Research Paper No. 2014-28.  In her publication, Professor Strong discusses the results of a unique survey designed to assess the role of commercial mediation and conciliation in the international business realm. Here is the…
  • FINRA Orders Wealth Management Firm to Pay 19 Exxon Retirees $3.8 Million

    Beth Graham
    25 Nov 2014 | 7:51 am
    A Financial Industry Regulatory Authority (“FINRA”) arbitration panel has reportedly ordered a Houston-based wealth management company to pay 19 retirees a total of $3.8 million for mismanaging their investment accounts.  In the case, a group of former Exxon-Mobil Corporation employees claimed that USCA Capital Advisors LLC mislead them about the company’s investment strategy and performance.  The retirees also accused the wealth management firm of breaching its fiduciary duty, omitting important facts, committing breach of contract, failing to supervise company employees, and…
  • Part Four: Arbitration in Evolution

    Beth Graham
    24 Nov 2014 | 6:34 am
    This is the final installment in Disputing‘s series focused on sections of a research paper entitled, “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” by Pepperdine University School of Law Professor Thomas Stipanowich and Straus Institute for Dispute Resolution Research Fellow Zachary Ulrich.  The article fully analyzes the data obtained in a groundbreaking 2013 survey regarding commercial arbitration practice in U.S. and international disputes. This installment will consider survey “respondents’ experiences playing other third-party…
  • Part Three: Arbitration in Evolution

    Beth Graham
    22 Nov 2014 | 5:43 am
    In Parts One and Two of this series, Disputing  focused on portions of “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” by Pepperdine University School of Law Professor Thomas Stipanowich and Straus Institute for Dispute Resolution Research Fellow Zachary Ulrich. The authors’ work examines much of the data obtained in a recent survey concerning the state of commercial arbitration practice in both U.S. and international disputes.  Through their research, Professor Stipanowich and Mr. Ulrich received timely and useful information from 134…
  • Special Masters: How To Make the Best of Both Worlds, Part II

    Merril Hirsh, James M. Rhodes & Karl Bayer
    20 Nov 2014 | 2:38 pm
    Part Two: Improving the Process, Not Just the Rules By: Merril Hirsh, James M. Rhodes and Karl Bayer OK, so in Part One we all agreed that we need to give people a better choice than the one between a system of civil litigation that does a great job of permitting appeals, but is perceived to be, or is, too cumbersome or expensive to resolve disputes; and a system of arbitration that, one hopes, is cheaper, but does not permit, at least the judicial appeal that parties might wish to have available if the arbitrator gets it “wrong.” So what is the better choice? We’ll start by explaining…
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    South Florida Lawyers

  • 3d DCA Watch -- Turkey Trot Edition!

    South Florida Lawyers
    26 Nov 2014 | 8:39 am
    I love the bunker this time of year.Everyone wears their brown and gold robes (resplendently!), the coffee maker dispenses beaujolais nouveau (and at the same lukewarm temperature), and the clerks perform a lively reenactment of the Pilgrims' first Thanksgiving:"our harvest being gotten in, our governor sent four men on fowling, that so we might after a special manner rejoice together, after we had gathered the fruits of our labors; they four in one day killed as much fowl, as with a little help beside, served the Company almost a week, at which time amongst other Recreations, we exercised…
  • Big Eddie C Goes After the Marlins!

    South Florida Lawyers
    25 Nov 2014 | 7:03 am
    Hat tip to my pal Tim Elfrink for catching this classic Ed Carnes opinion:A federal judge recently gave them permission to go forward with a class-action claim, and he hilariously threw shade at the team -- and its "unremarkable record" -- in his ruling. The opinion comes via Judge Ed Carnes, chief justice for the 11th Circuit Court of Appeals. Carnes is apparently a baseball buff -- or at least decided to a have a little fun with his November 14 ruling.Here's how he began: "After a ghostly voice told him "If you build it, he will come," Ray Kinsella turned his corn field into a ballpark to…
  • Judge Bloom Greenlights Lawyer's Suit Over New Ad Rules!

    South Florida Lawyers
    24 Nov 2014 | 7:15 am
    So Robert Rubenstein likes to tout his prior client recoveries -- what's the harm?According to the Bar, the ads were fine, then not fine, then maybe they're fine, maybe they're not, so Rubenstein said enough already and sued the Bar in federal court.But the Bar said standing and ripeness, standing and ripeness, and moved for sj.Judge Bloom, in a scholarly opinion, corrected the Bar and said this is really 12(b)(1) stuff, because justiciability goes to the Court's subject matter jurisdiction.And then she held that the suit can proceed:For the foregoing reasons, the Court rejects the Bar’s…
  • Huge Week 4 Marriage Equality!

    24 Nov 2014 | 5:24 am
    It's been a huge week for marriage equality. South Carolina and Montana have joined 33 other states to give us 35 states with marriage equality.  That leaves 15 still stuck in the dark ages and Flori-duh is, of course, one of them.Let it go Pam and Rick, let it go!
  • Descent Into Depravity!

    21 Nov 2014 | 6:22 am
    Yes, I'm still stinging from the narrow defeat of Amendment 2. Medical marijuana should be a nonissue. It is inarguably safer than most of the Rx drugs on the market and the evidence is pouring in that it has broad medical applications. Either the legislature will act to bring the compassionate use of medical marijuana to Florida soon, or advocates like myself will get this issue on the ballot again in 2016. Then, the logic goes, a larger percentage of younger voters will give us a better shot of hitting that 60% mark.The real discussion we should be having is on outright legalization. We…
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    eLessons Learned

  • Mutual Motions to Compel

    28 Nov 2014 | 6:00 am
    “Although not unlimited, relevance, for purposes of discovery, is an extremely broad concept.” See Condit v. Dunne, 225 F.R.D. 100, 105 (S.D.N.Y. 2004). The discovery process is essentially a fact-finding mission. In theory, opposing parties are supposed to work together to make the litigation process more efficient. When both sides refuse to comply, additional motions [...]
  • Can a Court Sanction a Pro Se Party for Deleting Evidence? The Third Circuit Will, So Do Not Delete Your Data!

    26 Nov 2014 | 6:00 am
    Whenever sanctions are involved, you can expect to see questionable behavior from one or more parties.  In this particular case, a pro se litigant tried to be cute and the court called him out for it.  The Appellant here used to own a company which provided consulting services to the Appellee.  Since the company became [...]
  • Discretion Will Not Be In Your Favor If You Give the U.S. Department of Commerce Unverifiable Financial Records

    21 Nov 2014 | 6:00 am
    On October 7, 1992, the United States Department of Commerce created an antidumping on extruded rubber thread in Malaysia.  The intent of antidumping orders is to discourage the “dumping” of foreign goods into the U.S. for substantially lower prices.  The Department of Commerce sought financial records from international companies involved in the importing and exporting [...]
  • Who Should Pay the Cost of Producing eDiscovery?

    19 Nov 2014 | 10:10 am
    This case involves a contractual dispute worth $41 million between Juster and North Hudson Sewerage Authority (NHSA). Juster issued a request for production of documents that included 49 requests for documents and a list of 67 proposed search terms. Some of these terms included words such as “fee,” “debt,” “tax,” and “SEC.” NHSA argues that [...]
  • Facebook Fails: Can I Delete my Facebook while a Lawsuit is Pending?

    12 Nov 2014 | 6:00 am
    The defendant in personal injury litigation commonly requests discovery concerning a plaintiff’s Facebook account.  The reason such requests are made is that pictures on Facebook may reveal the “injured” plaintiff dancing on top of a bar table, skiing, traveling, etc.  These damaging photos may prove that the plaintiff’s injury is not as severe as he [...]
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    Compliance Building

  • Happy Thanksgiving

    Doug Cornelius
    25 Nov 2014 | 12:30 pm
    Washington, D.C. October 3, 1863 By the President of the United States of America. A Proclamation. The year that is drawing towards its close, has been filled with the blessings of fruitful fields and healthful skies. To these bounties, which are so constantly enjoyed that we are prone to forget the source from which they come, others have been added, which are of so extraordinary a nature, that they cannot fail to penetrate and soften even the heart which is habitually insensible to the ever watchful providence of Almighty God. In the midst of a civil war of unequaled magnitude and severity,…
  • SEC Issues Second Exemptive Relief from Pay-to-Play

    Doug Cornelius
    24 Nov 2014 | 6:00 am
    It’s been about a year since the Securities and Exchange Commission granted its first exemptive order Rule 206(4)-5 when an adviser accidentally violated the pay-to-play rule. The SEC has now issued its second relief order. Ares Real Estate Management Holdings filed for exemptive relief after a senior partner wrote a $1,100 check to Colorado Governor John Hickenlooper’s campaign. The Colorado governor appoints members to the Board of Trustees for Colorado’s pension system. That system was investor in one of Ares’ older funds. Ares had compliance policies and procedures…
  • Weekend Reading: War of the Whales

    Doug Cornelius
    22 Nov 2014 | 6:00 am
    Dozens of beaked whales beach themselves in the Bahamas. This leads to a legal battle against the U.S. Navy. Joshua Horwitz details the story, scientists, the legal battle, and the science in  War of the Whales. It’s an uphill battle when the other side is the most powerful fighting machine on the seas. It’s an even steeper hill when you realize nearly all of the experts are on the navy’s payroll. For decades the navy has been studying marine mammals for their speed through the water and especially their echolocation. A beaked whale’s ability to locate object…
  • Compliance Bricks and Mortar for November 21

    Doug Cornelius
    21 Nov 2014 | 5:00 am
    Commissioner: ‘Millionaires can fend for themselves’ by Mark Schoeff Jr. in Investment News “This obsession with ‘protecting’ millionaires — potentially at the cost of hindering the wildly successful and critically important private markets — strains logic and reason,” said SEC member Daniel Gallagher Jr. “Millionaires can fend for themselves.” S.E.C.’s Delay on Crowdfunding May Just Save It by Steven Davidoff Solomon in the NY’s DealBook But the crowdfunding industry is eager for guidelines. And so it has started to go to the states to…
  • Anti-Money Laundering Regulations are Coming for Private Funds

    Doug Cornelius
    20 Nov 2014 | 5:00 am
    Investment advisers and private funds have largely not been under the strict regulatory requirements under Bank Secrecy Act. The rationale is that the custody requirements impose a custody account and the custodian is subject to those rules. It looks like things are going to change. U.S. Treasury Undersecretary for Terrorism and Financial Intelligence David Cohen gave  speech to to the ABA/ABA Money Laundering Enforcement Conference and said changes are underway. FinCEN, in consultation with the SEC, is working to define SEC-registered investment advisers as financial institutions and,…
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    Simmons Firm

  • 6 Grain Industry Businesses Impacted by Viptera® Corn

    Simmons Hanly Conroy
    24 Nov 2014 | 1:23 pm
    Sales of Syngenta’s Agrisure Viptera® corn prior to approval for import by China has damaged the U.S. corn industry. The National Grain and Feed Association (NGFA) has estimated that the U.S. corn and DDGS sector has seen a $2.9 billion loss so far. This number is posed to increase to $3.4 billion in the coming year. Many businesses that contribute to grain exportation have been affected by this significant loss. These six grain industry businesses have been impacted by Syngenta Viptera® and Duracade™ Corn: Corn Transportation Companies Grain Elevator Facilities Grain Traders/Brokers…
  • 4 Ways Farmers Were Negatively Affected by Viptera® Corn

    Simmons Hanly Conroy
    21 Nov 2014 | 1:00 pm
    Syngenta’s Agrisure Viptera® and Duracade™ corn have significantly hurt American farmers. The corn has the genetically modified trait MIR 162, which was never approved by China. Syngenta continued to sell Viptera® and Duracade™, despite China never approving of the genetically modified corn. Accordingly, China’s rejection of Agrisure Viptera® and Duracade™ corn has led to a damaged corn market in the United States. The 4 main negative effects of the Viptera®-China issue include: Lowered prices of corn Lowered exports of corn and DDGS to China Cross pollination among U.S. corn…
  • Famous Mesothelioma Deaths: Paul Gleason

    Michael J. Angelides
    18 Nov 2014 | 6:01 am
    Paul Gleason’s iconic lines “Don’t mess with the bull, young man. You’ll get the horns” solidified him as the cantankerous antagonist in The Breakfast Club. While his role as the principal guarding rebellious 80s teens is his most famous, his death from pleural mesothelioma is less well known. Aside from being a casualty of asbestos exposure, Gleason was an actor with a full career on top of his dedicated family life and enthusiasm for sports. Acting was not always his dream, though. Raised in New Jersey, the free-spirited Gleason ran away at the age of 16 and hitchhiked across the…
  • Thirty Percent of All Mesothelioma Cases are Veterans

    Christopher R. Guinn
    9 Nov 2014 | 11:02 pm
    When mesothelioma patients turn to Simmons Hanly Conroy for the justice they deserve, many of them are U.S. veterans. In fact, more than 30 percent of Americans who are afflicted with mesothelioma were first exposed to asbestos during their time in the military. Veterans from all military branches – Navy and Army to the Air Force and Marines – often came into contact with asbestos-containing materials. Up until the mid-1970s, nearly every ship and shipyard built by the United States Navy was constructed with asbestos materials. It was primarily used in engine rooms, boiler rooms and other…
  • Renovating Your Home? Keep These Asbestos Tips in Mind

    Amy E. Garrett
    7 Nov 2014 | 6:06 am
    Thanks to its low cost and fire resistant capabilities, asbestos was often used in house construction. Homes built anywhere from the early 1900s until as late as the 1980s likely had some asbestos materials in them. The United States began implementing bans on the substance in the 1970s, and it is luckily no longer used in home construction. But, asbestos could still be lingering in older homes. Asbestos is most dangerous when disturbed. Although the thought of asbestos lying dormant in your home might be unsettling, if it is untouched it’s likely not a concern. When asbestos fibers are…
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    Texas Wills and Trusts Law Online

  • How To Support Someone Who’s Grieving During Thanksgiving

    Rania Combs
    26 Nov 2014 | 5:00 am
    A friend of mine who volunteers for hospice wondered out loud a couple of weeks ago: “Why is it that more people die around the holidays?” “Really?”  I asked. “Is there actually data to support that?” Turns out, there is. A group of sociologists analyzed death certificates between 1979 and 2004 and determined that deaths do actually increase around Thanksgiving, Christmas and New Year. The holidays are a time where we are all expected to be thankful, joyful and celebrating. Yet for so many, including the family of a friend who died last week, the holidays can also a time of…
  • A Life Cut Short

    Rania Combs
    21 Nov 2014 | 8:30 am
    A friend of mine died this week. She wasn’t a close friend, but we had been members of the same group for many years, and saw each other at meetings and various social gatherings. Although we hadn’t spoken since my family moved to another city, we kept in contact through Facebook. My friend was a kind and generous person who loved her family very much. Her death was unexpected because she had not been ill. She had been on a weekend getaway with her husband of twenty-four years, and collapsed suddenly due to a massive stroke. She was taken off life support this week. She was just 46…
  • What is a Residuary Clause?

    Rania Combs
    10 Nov 2014 | 6:30 am
    I recently worked with a couple that wanted to make sure that all their wordly possessions passed to the surviving spouse upon their death, and then to their children when both of them died. Rather than listing out every specific asset they owned, I used a residuary clause to accomplish their goals. They became alarmed when they read their Wills because they were concerned that an item not specifically identified would not pass according to their wishes. What is a Specific Gift? It is possible to make a specific gift in a Will. A specific gift identifies a particular item and the individual,…
  • Intestacy Can Be A Nightmare In Blended Families

    Rania Combs
    31 Oct 2014 | 11:30 am
    I got a note yesterday from a woman whose husband had died without a Will. Her husband was also survived by two children from prior relationships. She and her husband lived in a home that her husband had purchased before they were married. She asked what her rights were regarding her husband’s property and the home in which they lived. Could her husband’s children force her to sell her home? Would his children be entitled to proceeds from the sale of her home? The Texas intestacy statutes control how property is distributed when a person dies without a Will in Texas. Many factors, such as…
  • Would You Choose Physician-Assisted Suicide If You Had A Terminal Illness?

    Rania Combs
    24 Oct 2014 | 7:30 am
    While standing in line at the grocery store a few days ago, the cover of People magazine caught my eye. It was a photograph of Brittany Maynard, a 29 year-old woman with terminal brain cancer who has made a controversial choice to take her own life on November 1 of this year under Oregon’s physician-assisted suicide laws. Brittany Maynard’s condition was discovered after she sought treatment for debilitating headaches last year. Initially, doctors believed she was experiencing migraines, but a brain scan confirmed the worst – she had terminal brain cancer. She had surgery to remove part…
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  • Global forces drive digital business and Amazon readies to join the travel biz

    Dave Wieneke
    23 Nov 2014 | 9:04 am
    Amazon will enter the travel business. Want to know what companies are up to? Keep an eye on their trademark filings and their hiring. This posting confirms that Amazon “the everything store” is about to add hotel listings to its inventory. Judging from Amazon’s job postings, they stand-up curated travel offerings starting with Boston, New York, San Francisco, LA and Dallas. Last month Amazon singed a lease to take over a full twelve story building in Manhattan, providing 470,000 square feet, at 7 West 34th Street. Yep, they’ll be just across the street from the Empire…
  • Amazing times for Amazon, Alibaba, Hasbro — plus robot legs as a growth industry

    Dave Wieneke
    15 Nov 2014 | 5:15 am
    Ecommerce’s Unexpectedly Awesome WeekAmazon’s settlement with Hachette and news of increasing consumer spending has rallied Amazon’s value 4.7% today. That extends an amazing growth in the firms value of 17% in the last two weeks. This week’s re:Invent gathering of Amazon Web Services customers showing the kind of growth some have called “the fastest growing company in history.” In an age defined by “big data” Amazon is adding a million customers a month with a sustained 40% annual growth rate. AWS is a serious challenge to VMware and potentially enterprise…
  • When is a GOP candidate like a wedding dress?

    Dave Wieneke
    21 Oct 2014 | 1:58 pm
    Its the point in the election cycle when a campaign grabs-on to some kind of creative work to be more culturally relevant. You know, like “America should be more like the Waltons and less like the Simpsons”. Or when the McCain, Crist and DeVore campaigns grabbed music from Jackson Browne, David Byrne, and Don Henley sans licenses. The College Republican National Committee created a series of television ads (see six of them here) to help candidates in a string of races be “culturally relevant” to younger and female voters. The hook, a cocktail of wedding dresses and reality TV…
  • Digital Innovation Puts Us All In the Software Business

    Dave Wieneke
    29 Sep 2014 | 3:53 am
    Guess what? You’re not in the business you think you’re in. I don’t mean this like one of those these-are-not-the-droids-you-are-looking-for Jedi mind-tricks but as a statement of fact. No matter what else you may do, if you rely on digital technology – and who doesn’t – then you are in the software business too. Doubt it? Consider how your company does what it does. At how many points do your business functions pass through digital channels? It doesn’t matter if it’s back office, customer-facing, supply chain management or whatever, the answer is either “a lot” or…
  • Alibaba IPO Solidifies US / China Tech Duopoly

    Dave Wieneke
    20 Sep 2014 | 5:39 am
    Yesterday, the most anticipated tech IPO of the year established China’s largest e-commerce company, Alibaba Holding group, as a Wall Street powerhouse. Its stock closed the  day at $93.98 – setting t he firm’s market value $231 billion dollars, making it larger than Procter & Gamble. This Spring my a set of my graduate students at Northeastern University were assigned to follow the emergence of Chinese firms as Internet leaders. Each week they’d brief the course on emerging companies. Since one third of my students are international, and many are from China,…
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    A Connecticut Law Blog

  • Parking At New Britain Superior Court….

    Ryan McKeen
    23 Nov 2014 | 6:28 pm
    ….is about to get better. New Britain Superior Court has a nice garage located very close to the court. Making it one of the more convenient Connecticut courts to park at. The only problem s the garage only accepts cash or checks. The garage is owned by the City of New Britain. Last week, I sent the following Facebook Message to New Britain Mayor Erin Sterwart: Dear Mayor Stewart, I am impressed with your initiatives in New Britain. I am not a resident of New Britain, however, I am an attorney who travels frequently to court in your city. There is a problem with your parking garage…
  • Fitness Trackers Can And Will Be Used Against You In Court

    Ryan McKeen
    19 Nov 2014 | 7:17 am
    “We’re constantly adding more shelf space. Consumers have many options right now. So many that it’s confusing. We’re going to sell a lot of these for Christmas” said the helpful Best Buy employee to me. He’s right there really are a lot of fitness wearables on the market ranging from cutting edge to fairly low tech. The Moto 360 isn’t a fitness wearable. Though it tracks steps and heart rate. We are witnessing Act 1 of the wearable revolution. What happens outside of the courtroom eventually finds its way into a courtroom.  Newton’s 28th law of…
  • A Post About Lunch

    Ryan McKeen
    31 Oct 2014 | 12:46 am
    “Always plan your day around lunch.” – Judge Smith Coffee at Cafe Mantic One of the great blessings in my nine years of practice has been the willingness of experienced lawyers to share their insights. The practice of law is literally that. It’s a practice. Practice is best with coaches. I’m writing this to share Judge Smith’s advice about lunch. Why am I writing a post about lunch? Because, when Judge Smith told me to plan my day around lunch – I initially thought he was kidding. I’ve come to learn that he wasn’t. I met Judge Smith at…
  • Attorney Ryan McKeen Speaking To UConn Law Class

    Ryan McKeen
    30 Sep 2014 | 5:57 pm
    Eighteen years ago, on October 1, 1996, REM’s “Monster” tour rolled into Hartford’s Meadows Music theater.  Opening for REM that evening was a far lesser known band called Radiohead. On that warm early fall evening, I bought my first concert shirt. The shirt was a drawing of a bear in the woods with a question mark over its head. Below the picture was the following quote: I had nothing to offer anybody except my own confusion. – Jack Kerouac If I still had the shirt, I’d wear it to UConn Law School on Wednesday night.  I’m serving on a panel of…
  • One

    Ryan McKeen
    1 Sep 2014 | 3:53 pm
    McKeen Law Firm, LLC turns one today. It has been an amazing year. We’ve championed causes at trial, on appeal, and before the General Assembly. Many of our victories have occurred in resolving matters favorably for our clients in ways that don’t grab headlines. We’re proud of our work. This year I’ve spent a lot of time and money improving my trial advocacy skills. I’ve attended national seminars and have developed an extensive library of the most cutting edge trial materials available. I’ve invested time and resource into putting technology to work for…
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    Legally India - News for Lawyers

  • Crores of dirty choppergate cash were routed through Gautam Khaitan firms, alleges ED

    28 Nov 2014 | 12:02 pm
    The choppergate case of the Enforcement Directorate against OP Khaitan & Co managing partner Gautam Khaitan hinges around allegedly laundered money transferred to a number of companies and firms he controlled, from where the cash was transferred to him, his wife and two alleged middlemen who stand accused in the scam, reported The Hindu.Citing the chargesheet, The Hindu wrote:The ED found that IDS Tunisia had transferred a sizable chunk of the laundered money to Interstellar which was “controlled by Mr. Gautam Khaitan” through ML Administrators, Mauritius.From Intersteller, two…
  • TMT + 3 senior counsel get SC to stay Delhi HC Comedy Central ban

    28 Nov 2014 | 8:39 am
    TMT Law Practice and three senior advocates have won a Supreme Court stay of the 10-day suspension of Viacom-owned TV channel Comedy Central that was ordered by the Delhi high court. Justices Dipak Misra and UU Lalit ordered the government to respond by 8 December: As an interim measure, it is directed that the direction issued by the High Court by its order dated 24th November, 2014, banning the channel in toto with effect from 26th November, 2014, shall remain stayed. However, the direction to remove the programmes or telecasting them in the channel, shall remain operational. However, we…
  • Delhi HC quashes gov't nursery admission guidelines, boon to private schools

    28 Nov 2014 | 8:33 am
    The Delhi high court Friday quashed the Lt governor’s guidelines last year on nursery admissions in the national capital, saying it was a “violation of the fundamental rights of the school management”. The judgment was welcomed by various schools. [Download PDF]Justice Manmohan quashed the guidelines issued by Lt Gov Najeeb Jung Dececember last year which mean neighborhood, sibling, and alumni criteria set by the notification will go, and unaided private schools can now set their own criteria as per the 2007 Ganguly committee guidelines.The court said that the guidelines by…
  • Lawyers in Agra burn minister's effigies for not getting a HC bench

    28 Nov 2014 | 6:45 am
    Lawyers here have burnt an effigy of union minister and retired general VK Singh for his reported claim that the Agra MP and his cabinet colleague Ram Shankar Katheria had agreed to set up an Allahabad High Court bench in Meerut instead of Agra.The lawyers Friday threatened to surround Prime Minister Narendra Modi’s residence in Delhi Dec 19 if their demand for a high court bench in Agra, as recommended by the Jaswant Singh Commission, was not met.The lawyers also demanded Gen. Singh’s resignation as the union Minister of State for External Affairs.Gen Singh said in Meerut that…
  • 5 bills passed by Lok Sabha this week: CBI, Labour, Apprentices amendments, universities, caste lists

    28 Nov 2014 | 5:31 am
    Five Bills were passed by Lok Sabha, and three by Rajya Sabha this week. Three of these Bills now have the approval of both Houses. One Bill was withdrawn. In all, of the 37 Bills listed in the agenda for this Session, work on 33 is still left. In terms of productivity, Lok Sabha worked for 86% of its scheduled time as of Thursday, while Rajya Sabha worked for 81%. The first day of sitting of Parliament was adjourned after obituary notices were read. Both Houses worked over time to make up for the time lost. Lok Sabha sat for over 7 hours on two days, while Rajya Sabha sat for over 8 hours on…
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  • Serial for Ferguson

    Sam Glover
    28 Nov 2014 | 4:12 am
    The massive clusterfuck (I’m sorry, but there’s no better word for it) in Ferguson, Missouri has many people calling for transparency. I’ve heard it in every news story about Ferguson and the killing of Mike Brown, either in the form of body cameras for cops, in reference to the evidence or the grand jury process, or in other ways. It comes up when talking about the protests, the no-fly zone, and nearly everything else about Ferguson. Everyone knows we cannot get perfect information, but people feel they deserve better information, at least. I don’t know what everyone…
  • Six Steps to Better Depositions

    Evan Schaeffer
    26 Nov 2014 | 4:12 am
    My first depositions were often frightening experiences. Like most new lawyers, I plunged ahead and tried to do my best, but I rarely felt at ease. As my discomfort gave way to confidence, I developed techniques I began to use at every deposition. What follow are guidelines, not hard-and-fast rules. But I consider these techniques so useful I continue to use them today. 1. Show Up Early Always arrive first at depositions. Some lawyers prefer to showboat by arriving late, but they’re missing an opportunity to take charge of the deposition space. If you noticed the deposition — as in…
  • Lawyerist Joins the ABA Blawg 100 Hall of Fame

    Sam Glover
    25 Nov 2014 | 8:01 am
    Every year, the ABA Journal assembles a list of 100 legal blogs (the Blawg 100). Lawyerist has been on that list since 2009, and I guess the ABA got sick of seeing it there because this year we made it into the Blawg 100 Hall of Fame! It’s also time to vote for this year’s legal blogs (including Lawyerist for the last time). Even if you don’t vote, the Blawg 100 is a great starter list for updating your bookmarks, RSS feeds, or email subscriptions.
  • Inbox Zero for Lawyers

    Sam Glover
    25 Nov 2014 | 4:12 am
    Inboxes are meant to be emptied, not used for long-term storage. That goes double for your email inbox, which is far more useful if you empty it on a regular basis. If you allow things to pile up in your inboxes — physical or virtual — they become a constant reminder of all the stuff you think you have to do. Besides being a distraction, a pile of paper and a bursting email inbox are a pretty ineffective way to figure out what you ought to be working on. Related Getting Things Done, for Lawyers When it comes to email, you can empty your inbox regularly by sorting its contents into…
  • How to Use a Colon

    Sam Glover
    24 Nov 2014 | 2:26 pm
    From Columbia Journalism Review: Just as colon the organ, um, moves things along, so does colon the punctuation mark. It signals to a reader that what follows is a list, an elaboration or definition, or something else that continues the thought. It says that what follows is so closely related to the first part of the sentence that a period is too abrupt, but not so close as a comma would indicate. In a driving metaphor, think of a colon as a tap on the brake before moving the car into a curve.
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    New York Personal Injury Law Blog

  • Is Any Lawyer Advertising Good?

    Eric Turkewitz
    24 Nov 2014 | 3:00 am
    I’m not a fan of lawyer advertising. Likely because so much is dreadful  (though not all). Or ethically challenged. But when The Fishtown Lawyers, Leo Mulvihill and Jordan Rushie, were contacted by the Philadelphia Eagles about advertising during their games, I think they missed the boat by saying “no” too quickly. Maybe going over the top is OK — no, not with a flaming sledge hammer of justice.  Maybe you just have to go over the top the right way. So I’ve taken the liberty of writing ad copy for their criminal defense firm…you guys can thank me later:…
  • Ebola and the Failure of Lawyering (Updated)

    Eric Turkewitz
    27 Oct 2014 | 4:08 am
    A member of Doctors Without Borders dons protective gear at the isolation ward of the Donka Hospital in Conakry, Guinea, where people infected with the Ebola virus are being treated. (Photo: Cello Binani/AFP/Getty Images) Gov. Chris Christie was the US Attorney for New Jersey. Gov. Andrew Cuomo was the Attorney General for New York. You’d think that, with those credentials, they’d be smarter. Each of them knows that a long view must be taken with respect to many, many issues, often with extensive evaluation of complex issues.  It took them years, sometimes, to accomplish things…
  • RIP: Prof. David Siegel

    Eric Turkewitz
    10 Oct 2014 | 9:00 am
    Professor David Siegel, from his Albany Law School biography page Calling Professor David Siegel a giant of the New York legal world would not only be a bit trite, but would still be an understatement. His treatise on New York Practice, the bible of New York civil procedure, is a required text for anyone that works in this state’s courts on the civil side and is routinely cited by judges at all levels, both state and federal. He died yesterday. In an obituary at the New York Law Journal, former Chief Justice Judith Kaye is quoted thusly from a 2008 Albany Law School event honoring him:…
  • Loving Your Office

    Eric Turkewitz
    30 Sep 2014 | 9:16 am
    Photo by Chris Petsos Photography. Many more great shots at his site. Click on image above to get there. Lawyers have to make decisions on their offices: Make it nice? Or make it inexpensive? Rarely do the two concepts coincide. We spend a lot of time in our offices.  Other than our homes, this is it. This came to mind when I saw an article in the Sunday real estate section of the Times on my old stomping ground: The Woolworth Building. My office was on the 8th floor, overlooking Broadway (and ticker tape parades) and City Hall Park (and the people who’d shout and scream at Mayor…
  • Apple, Privacy and Law

    Eric Turkewitz
    10 Sep 2014 | 7:00 am
    Yesterday Apple had its massive product presentation and one of the products it announced was a new pay system for credit cards, Apple Pay. Load the cards into an iPhone, and then just wave them in front of a techno-gadget at the check-out counter and you’re done. Simple. Why might this be important? Currently, big business is tripping all over itself to gather as much information on you as possible, taking away big chunks of your privacy. A 2012 New York Times piece on Target explained how, based on the buying patterns of a teenager — unscented lotions, vitamin supplements and…
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    The Probate Lawyer Blog: Famous Fortune Fights!

  • Mick Jagger Can't Get No Satisfaction; Ugly Lawsuit Settles

    Danielle & Andy
    25 Nov 2014 | 12:04 pm
    It's rough being Mick Jagger sometimes.  Even as the front man for the famed Rolling Stones, he Can't Always Get What he Wants.  But when he tries, at least sometimes, he  just might find ... that he gets what he needs.  These days, what Sir Mick (as he is known officially in England) truly needs is some peace and quiet ... and a little privacy.  Is it too much to ask to Get Off of his Cloud?  Sir Mick took a beating in the media last week when a lawsuit that he had hoped to keep quiet became very public.  That is what often happens with lawsuits involving those in the public eye,…
  • Melissa Rivers Seeks Answers As To Why Joan Rivers Died

    Danielle & Andy
    5 Nov 2014 | 9:06 am
    Even though she was 81 years old when she died on September 4th, there is no denying that Joan Rivers died too soon. She continued to entertain with an energy level that suggested she was anything but eighty-something. Melissa Rivers has now hired a law firm to find out exactly why Joan died … and who, if anyone, should be held responsible.  Representatives for Melissa Rivers told E! News and others that she retained a New York law firm to “fully determine all of the facts and circumstances surrounding the death of Joan Rivers.” Other reports state that the law firm is sending letters…
  • Using Celebrity Stories Is A Great Way To Bring Up Estate Planning

    Danielle & Andy
    29 Oct 2014 | 11:01 am recently featured an interesting article about the benefits that families gain by having the estate planning conversation early.  Not only does it improve family relationships, it helps sets the stage and prepares family members for facing the difficult issues caused by a loved one who ages or passes away.    The article noted how a UBS Wealth Management study recently found that only 43% of affluent Americans felt that having this conversation with their heirs was a pressing issue.  That’s surprising because experts predict that between now and the year 2050, the…
  • Could The Amanda Bynes Dilemma Happen In Your Family?

    Danielle & Andy
    20 Oct 2014 | 11:26 am
    The struggles of former child actress, Amanda Bynes, have been well-documented.  She had numerous brushes with the law, including repeated drunk driving and other drug and alcohol-related charges, reported shoplifting attempts, and even more bizarre behavior — such as setting fire to her pants and dousing her dog with gasoline in the driveway of an elderly neighbor.   In 2013, her struggles culminated in guardianship/conservatorship proceedings in California, giving her parents the right to make decisions for her as her conservators.  Amanda lived with her parents for the year, and…
  • Dispute Over Where To Bury Casey Kasem Teaches Lesson

    Danielle & Andy
    7 Oct 2014 | 7:36 am
    The famed American Top 40 Countdown DJ passed away in June, at age 82, with a host of medical problems including advanced Lewy Body dementia.  Now, almost four months later, Casey Kasem’s remains still have not been laid to rest.  It’s a tragic story of a feuding family.  And unfortunately, it’s one that won’t likely end any time soon. Kasem’s wife of more than 30 years, Jean Kasem, wasn’t exactly close with his three adult children from his first marriage.  In fact, Casey’s daughter Kerri Kasem recently said in an interview with Howard Stern that Jean Kasem didn’t like…
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  • Pro Bono Equine Representation

    4 Nov 2014 | 10:30 am
    Breaking News Effective immediately, I agree to represent, for free, any horses who are unjustly subjected to prosecution under this rule.
  • How much is a half hour worth to you?

    4 Nov 2014 | 7:46 am
    Depending on my pending cases, I travel a moderate to high amount during the week. Most of the time, the travel time is spent accumulating frequent flier points with Southwest. However, despite the number of free flights I earn, I do not like to fly. I don’t like the TSA, and I hate the feeling of my sinuses preparing to burst. When possible, I always opt for rail travel. Most of the time, this is constrained to the eastern seaboard and occasional trips to Chicago. It is convenient, and I like the opportunity to perform uninterrupted work during the trip. While I occasionally use…
  • Trial Techniques: First, We Piss Off the Judge

    28 Oct 2014 | 7:35 am
    One day before a motions hearing, I sit my client down for a chat about strategy. “OK, so, tomorrow, I’m going to make this motion, but the judge probably won’t like it. After listening to each side, he’ll probably rule in favor of the prosecutors,” I begin. “So, what do we do then,” client inquires. “Well, that’s when I’ll make the same motion again. Except, I’ll act miffed.” “You’ll act miffed?” “Yes,” I respond. “I’ll get a little red in the face and ask for reconsideration,…
  • Azimuth Check: Giving You the Willies When You’re Well-Off

    22 Oct 2014 | 4:58 am
    It’s October–Halloween time. Time to give you the willies. “I just gave the copy a wet Willy.” Let’s just get straight to the story, via the Mankato Free Press. Armed with two freshly licked fingers, a former Kiester man home on leave from the Air Force thought it would be funny to give the officer the Willies. Riley Louis Swearingen, 24, of Goldsboro, N.C., was getting on the “drunk bus” after the downtown bars closed early Saturday morning when he allegedly licked a finger on each hand and stuck them into the ears of a police sergeant. The officer…
  • Solar Storm Survival Guide

    12 Sep 2014 | 2:29 pm
    Everything you need to know about the upcoming solar storm that is heading straight for our little blue marble is contained in this scientist’s facial expression. An unaltered screen capture from the USA Today mobile website.
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    Planning Notes

  • What Is A Business Plan?

    20 Nov 2014 | 9:56 am
    Although a proper legal structure is very important for a startup business, there are many other considerations that are very likely much more important if the business is to be successful. In particular, developing a business plan is often very important, even for those businesses that do not intend to raise outside capital. Though the term business plan is quite general and can have a myriad of different meanings, the term business plan often refers to a document that contains the following seven (7) sections, or some derivatives thereof: Executive Summary Company Description Market…
  • Business Structures: The Facts & Figures

    5 Nov 2014 | 8:11 am
    Although there a lots of very important questions that a business owner, or owners, must ask when starting a business, perhaps of one of the most important is: How should I legally structure my business? In general, there are three principal considerations when choosing a business structure: (1) liability, (2) management, and (3) taxation. Unfortunately, the laws that affect some of these considerations – in particular, liability and management – vary significantly from state to state and are not uniform across the country. As a result, the information that follows regarding…
  • 4 Ways to Protect Your Intellectual Property

    8 Oct 2014 | 11:54 am
    In the United States, there are four principal ways in which a person or business can protect intellectual property, however, not all types of protection are available for all property types. The infographic below briefly describes each of the four (4) principal types of intellectual property protection, namely patent, trademark, copyright, and trade secret, along with some of the benefits and advantages associated with each type of protection.  If you are interested in posting the infographic above to your site, please contact us via the form below. This brief post is by no means…
  • U.S. Federal Trademark Filings

    16 Sep 2014 | 8:58 am
    In 2013, more than 300,000 trademarks and service marks were filed across 45 different classes of goods and services with the United States Patent & Trademark ("USPTO"); however, less than 200,000 trademarks were registered by the USPTO office during 2013. In the United States, a trademark or service mark doesn't generally have any federal rights until that mark is registered by the USPTO in either the Principal Register or the Supplemental Register. Although both the Principal and Supplemental Registers are just that, registers, the rights associated with marks registered on the…
  • ALS Association Ice Bucket Challenge Trademark Filing

    29 Aug 2014 | 9:24 am
    The ALS Association has filed an application to register a federal trademark for "Ice Bucket Challenge", the viral sensation that has swept the nation this summer. Although most Americans likely associate "Ice Bucket Challenge" with the ALS Association, there is some dispute as to whether the Association was the first to use the term 'Ice Bucket Challenge' in combination with charitable fundraising. In particular, 'Ice Bucket Challenge' was used with lung cancer fundraising in early July of this summer, which use precedes the date of first use in commerce listed in the trademark filing,…
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    Fashion Law | Fashion Lawyer | Fashion Law Firm |

  • I am Honored to be Featured in the Prestigious California Lawyer Magazine: ‘Fashioning a Law Pratice’ #FashionLaw

    3 Nov 2014 | 5:00 am
    Happy new week folks. I am happy to announce that I am featured in the November 2014 issue of the prestigious California Lawyer Magazine. The feature focuses on my journey towards becoming a fashion lawyer. I appreciate California Lawyer magazine for soliciting me for my story and working with my busy schedule to make sure it happened. I had a great editorial team to work with me to tell my story and it is indeed a privilege and honor to be featured; and to tell my story in a rather open and vulnerable way than I ever have. I decided to be very open because I hope it inspires law students and…
  • REGISTER for the Upcoming #FashionLaw & The Global Runway Hosted by the Beverly Hills Bar Association

    6 Oct 2014 | 10:52 am
    Last week Friday, I closed my week with an informational interview from a student interested in knowing all about fashion law. She is just an example of the consistent inquiries I receive about the practice area. Thankfully, more and more events keep coming up that are responsive to the question of ‘what is fashion law’ and ‘what are the latest trends, cases et al. to know?’ Check out details of one such upcoming event below. Cheers, Fashion Law & The Global Runway REGISTER HERE. This program will discuss the latest developments in Fashion Law both domestically and…
  • Buy Your Tickets: United Colors of Fashion 4th Annual Gala, October 8th, 2014 – Paper Dreams: Writing New Runways #Fashionlaw #UCOFGala

    26 Sep 2014 | 5:03 pm
    Hey folks, I hope your week has been great. Mine has been great, busy but blessed. I wanted to bring your attention to this fashion event worth attending, which is produced with the help of some really cool fashion professionals in the business that I know i.e. Michael Palladino, Fashion Professor at LIM College and co-chair of host committee and Funmi Alaiyemola, fashion model. Please see details below and I hope you can make it. Cheers, Uduak “UCOF Annual Gala on October 8th, 2014 – Paper Dreams: Writing New Runways. Event: United Colors of Fashion (UCOF) is asking you to help…
  • #FashionLaw Attorney Uduak Oduok Featured on

    18 Sep 2014 | 4:27 am
    Hey folks, I was recently featured on as part of the ‘role models not runway models’ who walked designer Carrie Hammer’s show at the Fashion Law Institute’s Mercedes-Benz New York Fashion Week Spring/Summer 2015. Check on the writeup below. Cheers, Uduak Photocredit: Carrie Hammer
  • Sacramento Fashion Week Now Accepting Submissions for 2015 Presentation

    15 Sep 2014 | 6:45 am
    FOR IMMEDIATE RELEASE SACRAMENTO FASHION WEEK 2015 DESIGNER SUBMISSIONS NOW OPEN Sacramento, CA – September (15th) 2014 – DMR Productions, the producers of Sacramento Fashion Week (SACFW), is now accepting designer submissions for the 2015 Presentation of SACFW . Sacramento Fashion Week 2015 will take place the week of February 16th through the 22nd. The events for 2015 will showcase the talents of some of Northern California’s top designers and industry professionals throughout different fashion events and showcases. The mission of SACFW is to provide a platform for designers, models,…
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    Law and Daily Life

  • What to Do If Your Flight Is Canceled

    Daniel Taylor, Esq.
    28 Nov 2014 | 9:01 am
    It's the five words that no holiday traveler wants to hear: your flight has been cancelled. Unfortunately, cancelled flights are a reality for thousands of holiday travelers every year. According to U.S. Department of Transportation statistics, nearly 3% of flights by major carriers were cancelled during the 2013 winter holiday travel season. So what should you do if your flight is among those that are bound to be cancelled this holiday season? Here are a few tips: Be proactive. According to the Department of Transportation's Aviation Consumer Protection Division, travelers should be aware…
  • 5 New Laws to Be Thankful For

    Daniel Taylor, Esq.
    26 Nov 2014 | 2:45 pm
    When making your mental list of the things you're thankful for this Thanksgiving, laws might not necessarily be among the first things that come to mind. But 2014 saw the passage or implementation of a veritable cornucopia of significant laws which may be worthy of appreciation -- or at the very least notable for their importance. From laws affecting marriage equality, to others impacting marijuana enjoyment, 2014 provided a number of changes to state and local laws across the country. What new laws are people around the U.S. likely to be thankful for in 2014? Here are five: Marijuana…
  • Are You Liable For Workers Who Are Injured on Your Property?

    Brett Snider, Esq.
    26 Nov 2014 | 11:56 am
    There are a number of kinds of service professionals you can invite on to your property to do work: landscapers, roofers, exterminators, etc. But what happens when those workers are injured on your property? Property owners do have certain responsibilities towards those who are allowed on their land, but this does not give workers freedom to be negligent or reckless. So when is a property owner liable for workers injured on his or her property? OSHA Laws and Property Owners You may be familiar with the constraints on employers to provide their employees with a reasonably safe workplace under…
  • Ark. and Miss. Gay Marriage Bans Struck Down

    Brett Snider, Esq.
    26 Nov 2014 | 8:58 am
    Gay marriage bans in Arkansas and Mississippi were struck down as unconstitutional in separate federal courts late Tuesday. Within hours of each other, Judges Kristine Baker in Little Rock, Arkansas and Carlton Reeves in Jackson, Mississippi ruled that their respective state's ban on same-sex marriage violated the constitutional guarantee of equal protection under the law. Reuters reports that as of Tuesday, there are 35 states where gay marriage is legal, but these rulings may bump up that number. What should Americans know about the gay marriage rulings in Arkansas and Mississippi?
  • Legal How-To: Build a Fence Around Your Property

    Daniel Taylor, Esq.
    25 Nov 2014 | 10:09 am
    A fence around your property can serve a range of purposes: marking your property line, keeping trespassers out, and/or providing privacy for your family. However, a fence can also be the source of a potential dispute with your neighbors. With that in mind, making sure that your fence does not violate property laws or local restrictions can help prevent potential legal problems down the road. How do you go about making sure your fence is in compliance with the law? Here's what you can do: Find your property lines. Although a fence does not necessarily have to mark the border of your property…
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    William Carleton, Counselor @ Law

  • ACA Webinar on Accredited Investor Definition and Established Angel Group Certification

    William Carleton
    16 Nov 2014 | 12:04 pm
    I've just listened to an archived recording of an excellent webinar presented by the Angel Capital Association last week (I had intended to listen in real time, but got pulled away): ACA Webinar on Accredited Investor Definition and Established Angel Group Certification. Presented by ACA Executive Director Marianne Hudson and ACA Chair David Verrill, the hour long webcast covers how the accredited investor definition might change (and how that might impact the startup investing ecosystem) and what the Angel Capital Association is doing to facilitate the transition to the brave new world…
  • A Sestina About Copyright

    William Carleton
    4 Nov 2014 | 9:28 am
    Last week Boing Boing published a sestina I wrote earlier this year on the subject of copyright. I'm thrilled about this and hope you will check it out: What is a sestina? It is a verse form involving a patterned repetition of the same six words. This chart, credited on Wikipedia to Phil Wink, explains the pattern. As you can imagine, the sestina as a structure requires copying; as a poetic practice, it demands of the practitioner the audacity to remix and engage in transformative use in transparent ways. Sestinas are all about…
  • Alan Bennett's anthology of six English poets

    William Carleton
    26 Oct 2014 | 10:39 am
    Thanks to a London nephew, I'm reading Six Poets: Hardy to Larkin, an anthology of poems by Hardy, Housman, Betjeman, Auden, MacNeice and Larkin, chosen by the English playwright Alan Bennett, with commentary by Bennett between each presented verse. The commentary is more about the disposition of the poets and their subject matter, rather than the art of their verse. But it's breezy and entertaining, and interesting to try to situate the six poets Bennett chooses with one another as a group. Bennett's critical method is to end-run the cultivated pretensions of each. For…
  • Weight as Volume as Displacement of Space

    William Carleton
    22 Oct 2014 | 9:11 pm
    A brilliant, young sculptor has just arrived in Seattle. Her name is Francesca Lohmann. I saw these pieces at the Vignette gallery this evening on Yale Avenue in Capitol Hill. What a talent. The small-scale "sandbags" (I'll call them that; that's not a perfect name) are plaster casts, and it's amazing how the smallest differences in scale totally change what and how they project. The surface of the card table is gelatin, specially designed and installed for this show. A one-night-only show, alas!
  • Changing the rules for who is allowed to invest in startups

    William Carleton
    16 Oct 2014 | 4:53 pm
    By now, you've probably heard that the SEC is considering making changes to the accredited investor definition. The definition is important to entrepreneurs, angel investors, and the startups they work on together, because it defines the standards for who is, and who is not, allowed to invest in startups and private emerging companies. Right now, the standards are financial: if you earned more than $200,000 in each of the last two years ($300,000 in the case of a married couple), and have a reasonable expectation of achieving that income level in the current year, or if you have net…
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    Personal Injury Blog: The Law Blog from Carrs Solicitors, Bolton, UK

  • Why the self-employed shouldn't be excluded

    26 Nov 2014 | 4:00 pm
    A report published by the Office for National Statistics (ONS) in August 2014 showed that 4.6 million people are currently self-employed, which is the equivalent of 15 per cent of the overall workforce. Not only is this the highest percentage since records began in 1971, it's also a two per cent increase
  • What can we take from the latest workplace disease figures?

    23 Nov 2014 | 4:00 pm
    Just like workplace accidents, it's an unfortunate fact of life that a certain number of workplace-derived illnesses will be recorded each year.  Although efforts are being ramped up to reduce the likelihood of people suffering from work-related cancers - a campaign led by the Institution
  • Trends in Falls From Height in the Workplace

    16 Jun 2014 | 4:00 pm
    A number of new case reports have been revealed by the Health and Safety Executive (HSE) that highlight an alarming trend of falls from height in workplaces in recent weeks.   As of last week, out of the eight cases appearing in the HSE press release section for June 2014, seven of them were
  • Are Companies Taking the UK’s Asbestos Laws Seriously?

    4 Jun 2014 | 4:00 pm
    Asbestos was completely banned by the UK government in 1999, yet the potentially life-threatening substance is still causing huge problems some 15 years later. Laws to restrict its use were first introduced in the 1980s, with the importing and use of blue (crocidolite) and brown (amosite)
  • Developments in the Law Relating to Mesothelioma

    14 May 2014 | 4:00 pm
    The Mesothelioma Act 2014 received Royal Assent on 30th January 2014. The Act is designed to provide a means for compensating the victims of an occupational illness described by the Supreme Court in the landmark decision of Sienkiewicz v. Greif (UK) Ltd and Knowsley MBC v. Willmore in 2011as "a
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    But I do have a law degree...

  • Eating, Drinking, and Netflixing

    But I Do Have a Law Degree
    25 Nov 2014 | 5:20 pm
    Thanksgiving is my favorite holiday.  It doesn't have the materialism and franticness of Christmas.  Or the food limitingness of Passover.  Or the freaky bunny mascotness of Easter.  Or the guilt illicitness of Rosh Hashanah and Yom Kippur.  Or the fire hazardness of Hanukkah.  Or the almost not holidayness of St. Patrick's Day, Valentines Day, and Flag Day.  Not to knock the aforementioned holidays.  I celebrate them all.  But I have a soft spot for Thanksgiving.  I love the eating.  It took me until my adulthood, but there is really…
  • When the Baby Leaves Him

    But I Do Have a Law Degree
    17 Nov 2014 | 12:15 pm
    I've never completely understood the exact time frame of the baby terminology.  When does one go from newborn to infant to baby to toddler to child to kid?  At the beginning, people tend to use the labels interchangeably.  But as children grow older, the options for terminology dwindle. My six year old and four year sons can hardly be considered babies or toddlers anymore - they are pretty set at the term child, or kid.  But when did that happen?  I assume there was a time that they were in "transition."  But right now when I look at them, I no longer see a baby.
  • Never Any Time

    But I Do Have a Law Degree
    5 Nov 2014 | 7:19 am
    I'm reminded of my favorite scene from Saved by the Bell. Photo taken from Jessie Spano, I am channeling you. I've got a lot going on. We bought a house.  Yup, a house.  That's kind of a big deal.  It's only a half a mile from where we currently live, but it's bigger.  And nicer.  And I will have a bathroom I don't have to share with three mini-people.  Hooray!Way back before I was an adult, I used to think that buying a house was simply that - one purchases a home.  That was…
  • A Few Firsts

    But I Do Have a Law Degree
    24 Oct 2014 | 6:55 am
    1) My first time taking a weekend vacation with my husband in a long, long, long time.  Definitely the first time since I've been a mom of 3.  I have been counting down the days until this weekend getaway to Miami, but yet, as I nursed my baby this morning before I left, I got tears in my eyes. What is with motherhood?  How is it that you can want a break so bad, but then when said break arrives, you are heartbroken to leave?  (Don't worry, I left anyway.)2) My first time blogging from a flight.  Did you know that you can get wi-fi on a plane now?  Is it weird…
  • Four Years Ago You Rocked My World

    But I Do Have a Law Degree
    20 Oct 2014 | 7:03 pm
    Quite literally. I thought I knew what it was going to be like having more than one child.  I was wrong. I thought there was no way I could love anyone as much as your older brother.  I was wrong about that too. Our first months together were HARD.  We both struggled.  We both lost a lot of sleep.  We both cried.  A lot. And then we bonded.  Big time.  And before I knew it, I couldn't imagine a time when you weren't there.  It's as if I had known you forever.  As if you had been here all along. I fell in love hard. And the awesome thing is…
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    Profit and Laws

  • Conservative Justices on the Supreme Court Have Gone Insane

    19 Nov 2014 | 9:02 am
    Everyone is talking about Linda Greenhouse’s column, in which she admits that the conservative justices on the Supreme Court have gone insane. If you don’t have the patience to read it, let me summarize it: The Supreme Court is hearing a new challenge to Obamacare. It’s not that the case is complicated – it’s that […] The post Conservative Justices on the Supreme Court Have Gone Insane appeared first on Profit and Laws.
  • Robin Thicke Has Got to Give It Up

    31 Oct 2014 | 10:57 am
    The first time I heard Blurred Lines, I assumed Robin Thicke had sampled parts of Marvin Gaye’s Got to Give it Up, not just because the feel of the songs is similar, I also heard common elements and grooves. Trouble is, the Gaye family also thought Robin Thicke took some from Got to Give It Up […] The post Robin Thicke Has Got to Give It Up appeared first on Profit and Laws.
  • Behind Private Equity’s Curtain |

    31 Oct 2014 | 9:46 am
    Happy Halloween! The scariest goblin among us? Private Equity. The New York Times says that many Private Equity funds refuse to provide information on their fees and expenses to the people who get charged those fees and expenses, often without their knowledge. First, what is “Private Equity?” “Private Equity” means the companies owned by a […] The post Behind Private Equity’s Curtain | appeared first on Profit and Laws.
  • This Cheat Sheet Will Make You Win Every Climate Argument

    Phil Fahim
    9 Oct 2014 | 7:00 pm
    We’ve all had conversations with people who don’t believe the “hype” about climate change. Some people think it’s a liberal invention to make the government bigger and impose more regulations on big business. Other people just think scientists don’t have anything better to do than make stuff up about how the world is changing. Either […] The post This Cheat Sheet Will Make You Win Every Climate Argument appeared first on Profit and Laws.
  • I’ve Read the Government’s Arguments to Screw Amazon Workers and I’m Furious

    9 Oct 2014 | 6:08 pm
    There’s a monumental case at the Supreme Court that has got me obsessed, bewitched, enraged and mildly despondent. Technically, it’s called Integrity Staffing v. Busk. It actually is Amazon v. Amazon’s warehouse workers. (Integrity Staffing is the subcontractor stooge hired by Amazon to employ its warehouse workers). After Amazon workers finish a 12 hour shift […] The post I’ve Read the Government’s Arguments to Screw Amazon Workers and I’m Furious appeared first on Profit and Laws.
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    North Carolina Law Life

  • Running a Business is an Ongoing Process

    Donna Ray Berkelhammer
    17 Nov 2014 | 9:59 am
    I was reading a bulletin from the FTC, which just closed an investigation on whether certain Verizon data security practices constituted unfair trade practices. The closing letter in part reads: “We continue to emphasize that data security is an ongoing process. As risks, technologies, and circumstances change over time, companies must adjust security practices accordingly. In the past, defaulting consumer routers to WEP may not have been unreasonable, given concerns about compatibility with older computing devices. However, what constitutes reasonable security changes over time as new…
  • What “Magic Language” Should My Contract Have?

    Donna Ray Berkelhammer
    10 Nov 2014 | 7:25 am
    There is very little required by law to make a contract enforceable.  Some types of contracts are required to be in writing, such as anything to do with land, contracts for goods worth $500 or more, and contracts for services that cannot be performed in a year. Otherwise, valid contracts should include the names of the parties, be signed by both parties and have a method for determining the price.  A contract should be specific enough that a third person could determine what the parties agreed to. Beyond that, it is advisable to be as specific as possible so you don’t leave key…
  • Starting with Employee 1

    Donna Ray Berkelhammer
    28 Oct 2014 | 11:28 am
    While many employment discrimination laws don’t apply until you have 15, 25 or 50 employees, there are several employment laws that apply when you hire your first employee: Immigration and Reform Control Act requires employers to verify employee eligibility to work and to retain form I-9. Fair Labor Standards Act and Equal Pay Act (FLSA and EPA) requires employees to be properly classified as employees vs. independent contractors and as non-exempt vs. exempt, so that they get all benefits and protections required under the law, including the same rate of pay for the same job. Uniformed…
  • What does the Redskins Cancellation Mean for My Business and Trademarks?

    Donna Ray Berkelhammer
    19 Jun 2014 | 12:41 pm
    The US Trademark Trial and Appeal Board recently cancelled several Washington Redskins trademarks on the grounds that at the time these marks were registered, they were disparaging or offensive. This means the marks should have never been registered.  What this means for the Redskins: If this decision holds up after an appeal, the team will be able to use its marks but lose federal protections for its trademarks.  Federal registration benefits include the legal presumptions of ownership and of nationwide scope of rights in these trademarks, the ability to use the federal registration ®…
  • I Caught Someone Copying My Website. Now What?

    Donna Ray Berkelhammer
    16 Jun 2014 | 7:02 am
    You just discovered that a new entrant to your existing market copied your website FAQs, but changed them a little.  Your site has “© ABC Corporation 2009-2014″ on the bottom.  What do you do now. First off, this is probably copyright infringement An author or artist gets copyright protections as soon as the work is written or recorded.  Although registration gives some significant benefits, the owner has rights immediately without doing anything. Copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a…
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    Virginia Local Government Law

  • Virginia Supreme Court Opinions Affecting Local Government Law: October 31, 2014

    Andrew McRoberts
    1 Nov 2014 | 7:31 am
    Happy Halloween!  The Virginia Supreme Court issued opinions on Halloween this year. A complete coincidence, but I do hope that nothing in this term’s opinions has scares you!  This term resulted in two cases related to school law, and one related to DSS law.  As always, congratulations to the winners! The case summaries are taken from the Virginia Supreme Court opinions website. Click on the case number to read the opinion. 131584 Dinwiddie DSS v. Nunnally 10/31/2014 Upon consideration of the record, briefs, and argument of counsel, the judgment of the Court of Appeals reversing a…
  • Seven Attributes of Good Local Government Leadership

    Andrew McRoberts
    22 Oct 2014 | 11:52 am
    As a long-time local government attorney, I have had the opportunity to study local government officials a lot.  Over the years, I have sat on the dais or in the meeting room or in a conference room and examined the traits of elected and appointed local government officials that help and those that hurt.  In this post, I’ll share seven that really help. First attribute:  Be willing to listen. Leaders do not lead in a vacuum.  They lead people.  When you stop listening, you stop learning.  Presumably you lead people you hope will help your local government or governing body or…
  • Virginia Supreme Court Opinions Affecting Local Government Law: September 12, 2014

    Andrew McRoberts
    12 Sep 2014 | 8:43 am
    The Virginia Supreme Court issued opinions this morning. After last term issuing no opinions significantly affecting Virginia Local Government Law (at least not in this author’s judgment), this term resulted in two both related to law enforcement — one tort case and one “gap” pay case.  As always, congratulations to the winners! The case summaries are taken from the Virginia Supreme Court opinions website. Click on the case number to read the opinion. 131162 Kohn v. Marquis 09/12/2014 In an action for the wrongful death of a police recruit injured by blows to the head…
  • Virginia Supreme Court Opinions NOT Affecting Local Government Law: June 5, 2014

    Andrew McRoberts
    5 Jun 2014 | 11:35 am
    The Virginia Supreme Court issued opinions this morning.  After last term’s virtual feast of seven opinions significantly affecting Virginia Local Government Law, this term had none (at least not in this author’s judgment).  Unless you are interested in wrongful death, labor relations or criminal law, read no further. If you want to double-check my judgment, feel free to proceed to the case summaries on the Virginia Supreme Court opinions website.
  • Town of Greece v. Galloway: U.S. Supreme Court Clarifies Law on Legislative Prayer and the Establishment Clause

    Cullen Seltzer
    5 May 2014 | 2:02 pm
    Co-Authored by Cullen D. Seltzer and Andrew R. McRoberts. U.S. Supreme Court building. (Photo credit: Wikipedia) Today, the Court handed down its ruling in Town of Greece.  In a sweeping ruling, the Court upheld the local government’s religious invocations in a 5-4 decision.  The ruling pretty dramatically and explicitly broadens the scope of permissible religious invocations for legislative sessions. Virginia Locality Law Blog highlighted Town of Greece v. Galloway almost a year ago when the Supreme Court granted cert in this important Establishment Clause case affecting thousands…
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    Arizona DUI Defense Blog

  • You have a bandwidth problem

    Lawrence Koplow
    11 Nov 2014 | 8:34 am
    An analyst from a crime lab testifies that a defendant, who is charged with DUI, has a blood alcohol concentration of .120.  Despite the legal requirements that the state must prove the test is trustworthy, most jurors have made a blink judgement the that test is correct.  As is often the case, the appearance of science is a powerful tool of persuasion.  This is true  even when the opinion is based upon junk science.   Here, despite the claims of the analyst and unbeknownst to the jury, the test result was done using unreliable equipment relying on defective software.
  • How did you get that number?

    Lawrence Koplow
    24 Jun 2014 | 1:37 pm
    If you are making a decision based upon a measurement, then you have two choices.   One, you can simply accept any number a machine produces as true; or   Two, you can ask “how did you get that number?”   The choice you make should be based upon how important the decision is that  you’re basing the measurement upon.  If you just want to know how hot it is outside, a twenty-year-old thermometer, combined with stepping outside will probably do.  However, if the measurement is critical to an important outcome, then you need to ask, and answer, the…
  • What warrants a warrant?

    Lawrence Koplow
    13 May 2014 | 9:41 am
    After the Supreme Court decided the case of Missouri v. McNeely, the question of when a warrant is required, before law enforcement may draw a person's blood became more interesting to say the least.  On one side of the issue was the position that a blood alcohol concentrations is constantly changing, thus, there is a justification for law enforcement to bypass the traditional warrant requirement. The contrary, and as it turns out the prevailing position, is that our Constitution does not allow law enforcement unfettered discretion to decided if they can stick a needle in your arm…
  • The eyes have it

    Lawrence Koplow
    10 Oct 2013 | 4:13 pm
    At the side of the road, law enforcement routinely makes DUI arrests based upon results of a Horizontal Gaze Nystagmus (HGN) test. The underlying premise of the test is: you drink enough alcohol, and then you eyes will show HGN. Alcohol, however, is not the sole cause of HGN. In State v. Horn, the court recognized the following causes or possible causes of HGN: problems with the inner ear labyrinth; irrigating the ears with warm or cold water; influenza; streptococcus infection; vertigo; measles; syphilis; arteriosclerosis; Korchaff's syndrome; brain hemorrhage; epilepsy; hypertension; motion…
  • Read the "Warning Label" of your blood test

    Lawrence Koplow
    30 Sep 2013 | 1:39 pm
    When should you trust a blood test result that claims to measures an alcohol concentration?  Start by reading the test's "Warning Label."  Here is an explanation on my legalcoffee blog.
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    Advocate's Studio

  • Just How (Inadvertently) Public Are You?

    Martha Sperry
    5 Nov 2014 | 8:19 am
    Breaking my self-imposed posting hiatus for a moment (it’s not that I don’t want to, I just can’t seem to slot enough time in the day), I thought it important to share this interesting infographic about our public online lives. Many of you probably already have a sense of the depth of information about you that resides out there on the internet, but this graphic hits home just how easy it is to build a dossier on just about anyone based on information that we freely share with others, albeit in discrete little social outposts. Check it out (h/t via…
  • Apple’s New Software – WWDC 2014 Recap

    Martha Sperry
    2 Jun 2014 | 5:40 pm
    Another year, another opportunity for Apple to wow its developers and get the rest of us excited about new features coming soon to an iDevice near you. Apple’s World Wide Development Conference happened today and Apple didn’t leave us hanging. With OSX 10.10 Yosemite and iOS 8, there are plenty of new features, most designed around the idea of seamless movement from device to device to device, with nary a skip in the workflow. For the geeks, Apple has rolled out a new developer language called Swift with features to make the designing process easier. For iOS, there are new…
  • Microsoft Office for iPad – It’s About Freaking Time

    Martha Sperry
    28 Mar 2014 | 10:38 am
    Yep, it’s finally here. After lots of promises and years of delay, Microsoft has finally released a true Office for iPad suite (no more emulations from third parties). Maybe this move is to counter Apple’s semi-recent decision to bundle its iLife apps (Pages, Numbers  and Keynote) for free. Maybe they just finally got around to it. Who knows? But here it is, so I figured I should check out exactly what Microsoft is offering to Apple users. As expected, Office for iPad is a collection of three apps  – Word, Excel and Powerpoint, of course, in addition to the previously…
  • Dropbox Tips

    Martha Sperry
    1 Feb 2014 | 6:07 am
    Despite all the concerns and discussion out there over cloud usage by legal professionals, Dropbox still remains one of the most popular applications among lawyers. I am not going to discourse on whether or not that should be the case – the internet is rife with the opinions of very capable commenters on the subject – just remember that there are Bar rules out there about lawyers employing reasonable measures to ensure security when using the cloud. My personal use, however, takes into account the potential risks as well as rewards of using this free and cheap multi-user,…
  • Foogi – A Cross-Platform Calendar & Scheduling App

    Martha Sperry
    21 Jan 2014 | 5:19 pm
    In Outlook in my enterprise, I can easily and quickly check to see who is available for a meeting at a given time. Definitely an efficiency booster. But what if you are trying to coordinate times and attendees outside of the organization, using different platforms? Yes, of course there is an app for that. Foogi promises to match up invitees’ calendars to find the free / available times in which you can schedule your meeting. Foogi is not a calendar replacement. Instead, depending on how much information users share within Foogi, it will compare schedules and offer times within the…
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    New Jersey Debt Attorney - (201) 676-0722

  • I owe a debt and got sued . . . What now?!?!

    24 Nov 2014 | 4:50 am
    Time is money – When you owe a debt and you get sued, a fast timer starts that you can’t afford to ignore. If you want to keep control over your own money, you need to act fast. That means you can’t afford to sit on your hands. Here are the realities: #1: Most credit-card companies don’t sue very quickly. So if you’re being sued, it means you’re in pretty serious financial trouble. Most bad debts don’t stay with the credit-card companies, but are sold off to collection agencies at rock-bottom prices. The collection agency then hounds you to pay up. Since…
  • Taxes and bankruptcy – debunking a myth

    19 Nov 2014 | 4:50 am
    Lots of people think, “bankruptcy can’t help me with my tax debt.” Lumping tax debts in with child support and alimony—which indeed cannot be legally written off, or discharged—is wrong. But taxes and bankruptcy can be confusing, because these are complicated areas of law. The fact is that bankruptcy can discharge taxes of many types and in many situations. Sometimes ALL of a taxpayer’s taxes can be discharged, or most of them. But there ARE significant limitations. Even if you cannot discharge your taxes in bankruptcy, filing a bankruptcy case can still help by: 1. Keeping…
  • “Automatic” Protection from Your Creditors

    17 Nov 2014 | 4:50 am
    Many bankruptcy attorney ads say: “Stop garnishments.” “Stop foreclosures.” “Stop repossessions.” So bankruptcy stops all those bad things. But is it as good as it sounds? How does it really work? The most basic protection that bankruptcy provides is the immediate protection that it gives you, your paycheck, your home, and your possessions. You get this protection the minute a bankruptcy is filed for you. Other than some rare exceptions, all collection efforts by creditors against you or your property must come to an immediate stop. You’ll hear this referred to as the…
  • THE Goal of Bankruptcy: Discharge of Your Debts

    12 Nov 2014 | 4:50 am
    Most, but not all, debts are written off, or “discharged,” in a bankruptcy case. Is there a simple way to know what will and what will not be discharged in a Chapter 7 bankruptcy? No, not really. I can give you a list of the categories of debts that can’t, or might not, be discharged, but some of those categories don’t have clear boundaries, and some depend on whether a creditor is going to challenge the discharge and how a judge might rule. But why can’t it be simple? Here’s what you need to know: 1)  All debts are discharged, EXCEPT for those that fit within an exception. 2)…
  • Are student loans dischargeable in bankruptcy? 2 case studies

    3 Nov 2014 | 4:55 am
    In the past, I have mentioned the difficulty of getting student loans discharged in bankruptcy.  But I have yet to discuss why it is so difficult to get a bankruptcy court to discharge student loans.  In this post, I’ll examine the process through a recent case from Maryland where student loans were actually discharged in a bankruptcy and discuss why that case might be anomalous. In a nutshell, the Bankruptcy Code states that student loans are not dischargeable unless the debtor can show that repayment of the debt will cause an “undue hardship” on the debtor and his or…
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    The Complex Litigator

  • Bruce Conrad Fishelman

    H. Scott Leviant
    26 Nov 2014 | 10:54 pm
    I received news earlier today that attorney Bruce C. Fishelman died on November 25, 2014 of a heart attack (this is one of those times that I'd be glad to have my facts wrong).  My condolences to his family.  Bruce was a partner at the first law firm to employ me.  Many years later, he was a co-sponsor of my application for admission to the bar of the United States Supreme Court. Beneath his gruff exterior was a person who cared deeply about the well-being of others. Sad to say that I won't be pocket dialing Bruce anymore.
  • Episode 13 of the Class Re-Action podcast is now available

    H. Scott Leviant
    26 Nov 2014 | 10:42 pm
    Episode 13 of the Class Re-Action podcast is now available.  Our Episode 13 guest is Andrew Satenberg of Manatt, who predicted a year ago our need to discuss Martinez v. Joe's Crab Shack Holdings (November 10, 2014).Because of the changes to MCLE printed material rules, the Class Re-Action podcasts will now be 30-45 minutes longs, rather than an hour or more.
  •, Inc., et al. v. The Goldman Sachs Group, Inc., et al. analyzes sealing orders in California

    H. Scott Leviant
    14 Nov 2014 | 1:30 pm
    Parties love to mark things "confidential" in discovery (by "parties," I mean defendants in most cases).  Protective orders that allow for such designations also typically require, generally, that "confidential" material be submitted to the court provisionally under seal.  However, this general framework is frequently abused.  In, Inc., et al. v. The Goldman Sachs Group, Inc., et al. (November 13, 2014), the Court of Appeal (First Appellate District, Division One) examined the propriety of the trial court's sealing orders, reaching other interesting questions:On…
  • The Complex Litigator is now updated under the hood

    H. Scott Leviant
    10 Nov 2014 | 10:06 pm
    I'm sure you missed me immensely.  All five of you.  Between the demands of work and some under the hood adjustments, I haven't had an opportunity to post anything since September.  I am pleased (or just relieved) to report that I have moved safely to SquareSpace hosting platform 7 without any major glitches thus far.  I took the opportunity to fiddle with site design to make things ever so slightly cleaner to look at and easier to read.  I may do more in the design area, but, for now, the plumbing overhaul is done.Oh, and there are some cases begging for some special…
  • Appellate court provides some guidance on electronic discovery obligations under California law

    H. Scott Leviant
    26 Sep 2014 | 12:40 pm
    Vasquez v. CA School of Culinary Arts (pub. ord. September 26, 2014) (Second Appellate District, Division Two) is ostensibly about an award of attorney's fees following the plaintiffs' successful opposition of a motion to quash their electronic records subpoena directed to student loan servicing entity Sallie Mae, Inc.  After all, the Court describes the appeal as follows: "Sallie Mae, Inc. (Sallie Mae) appeals from an order awarding plaintiffs and respondents Daniel Vasquez, et al. (collectively, plaintiffs) $11,487 in attorney fees and costs incurred after plaintiffs successfully…
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    Law Firm Newswire » Legal News

  • Outpatient Clinics Lack Necessary Equipment for Medical Emergencies

    LFN Editor 102KS31
    28 Nov 2014 | 3:00 am
    Arkansas Personal Injury Lawyer - Michael Smith Little Rock, AR (Law Firm Newswire) November 28, 2014 – Joan Rivers will always be remembered for her sharp wit, iconic style and acerbic personality. Many also remember how suddenly she died. “Rivers went for what was to have been a routine outpatient procedure. Something went wrong that caused her to stop breathing and later suffer a heart attack. Did a preventable anesthesiology error happen?” asked Arkansas injury lawyer, Michael Smith. Hospital errors have long triggered medical malpractice lawsuits. Outpatient clinics, which are…
  • Sometimes, Trucking Accidents Spur New Safety Innovations

    LFN Editor 102KS31
    28 Nov 2014 | 3:00 am
    Austin Personal Injury Lawyers - Perlmutter & Schuelke, LLP Austin, TX (Law Firm Newswire) November 28, 2014 – Big rigs did not always have the collision safety precautions they now have. It took the death of a star to have underride bars installed. “Some commercial trucks you see today on Texas highways have an underride bar installed at the back of the truck. It’s a strong metal grill that hangs down past the tailgate and is designed to prevent cars from going under the truck in the case of a collision,” detailed Austin personal injury lawyer Brooks Schuelke. Often mistaken for…
  • Medical Negligence Leaves Bladder Cancer Untreated, Causes U.S. Man’s Death

    LFN Editor 102KS31
    26 Nov 2014 | 3:00 am
    Southfield, MI (Law Firm Newswire) November 26, 2014 – Edward Hines was told he was cancer-free after an operation to remove a bladder tumor. His pathology report showed evidence of cancer, but he was not advised of the results. Hines’ daughter filed a medical malpractice lawsuit after her father’s death, alleging that the physician, Dr. Alan Sadah, did not tell her father he had bladder cancer despite what the pathology results showed. Not until a year later, when Hines went to another doctor, did he discover that he had invasive bladder cancer. Hines attempted a treatment…
  • After Years of Stagnation, Immigration to United States Rebounded in 2013

    LFN Editor 102KS31
    25 Nov 2014 | 3:00 am
    Houston, TX (Law Firm Newswire) November 25, 2014 – Drawn to a strengthening U.S. economy, Indian immigrants formed the largest group of newcomers in 2013. The U.S. Census Bureau has made official what seemed only anecdotally true until now: the number of immigrants to the United States grew in 2013. By 523,400, to be precise. That figure is higher than the 446,800 total recorded in 2012 and represents the biggest single increase since 2006.  As a result of the uptick in immigration, nearly one in six adults living in the United States is now foreign-born. And unlike previous periods…
  • As High Court Clears the Way for Gay Marriage in Virginia, Questions on Adoption Linger

    LFN Editor 102KS31
    24 Nov 2014 | 3:00 am
    Fairfax, VA (Law Firm Newswire) November 24, 2014 – An existing state statute lets faith-based adoption agencies decline services to same-sex couples. When the U.S. Supreme Court denied same-sex marriage appeals on October 6, its historic decision paved the way for gay marriage in several states — including some, like Virginia, where the political climate has been relatively unreceptive to the unions. But while local court clerks in the commonwealth now have straightforward instructions to start performing same-sex marriages, the ways the benefits of some other laws will be made…
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    The L•E•Jer

  • Chevron Deference: The Agency’s Mulligan

    Hofstra Labor &#38; Employment Law Journal
    26 Nov 2014 | 6:29 am
    by Emmanuel Bello Recently, the Department of Labor reclassified Home Health Aides as employees. Effective January 1, 2015, they will no longer be exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements.[1] This is a major breakthrough for workers who have suffered over a century of marginalization. However, what does this really […]
  • The Abuses of Amazon: When Workplace Efficiency Overcomes Employee Rights

    Hofstra Labor &#38; Employment Law Journal
    25 Nov 2014 | 6:29 am
    by Brian Kotkin Over the past several years, it has been gradually revealed that, one of the world’s largest retailers, has an extraordinarily bad record when it comes to the welfare and safety of the employees in its warehouses (known internally as “fulfillment centers”).[1] Managers constantly track employees’ movements with satellite-navigation tags throughout their […]
  • What’s Your Password? Employers Seek to Make Private Information Public

    Hofstra Labor &#38; Employment Law Journal
    24 Nov 2014 | 6:29 am
    by Brian Idehen Social media has been a recent hot button topic in labor and employment law. More specifically, there is a discussion as to whether passwords to personal social media accounts of employees should be made available to employers. Employers seek these passwords for purposes such as protection of proprietary information;[1] however, there is […]
  • Shahs of Sunset Fans, Rejoice!

    Hofstra Labor &#38; Employment Law Journal
    19 Nov 2014 | 6:29 am
    by Melissa Tsynman While a majority of the country is currently freaking out over Ebola, ISIS, and Border Patrol, reality fans of the popular Bravo program, Shahs of Sunset, are impatiently waiting for the reality show to premiere after a successful three seasons. If you are one of these fans, you may be wondering whatever […]
  • The Color Battles: Louboutin’s Control Over the Red Sole

    Hofstra Labor &#38; Employment Law Journal
    17 Nov 2014 | 6:29 am
    by Tania V. Parker One of the Second Circuit’s recent decisions has set the fashion industry ablaze. In Christian Louboutin S.A., L.L.C. v. Yves Saint Laurent America Holding, Inc., the Second Circuit held that a single color can serve as a trademark in the fashion industry.[1] This overturned the district court’s ruling stating that a […]
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    My Distribution Law

  • Three Billy Goats Gruff

    Howard Ullman
    19 Nov 2014 | 9:40 am
    (You know . . .  the fairy tale about trolls.) This summer, PwC published its 2014 Patent Litigation Study.  The tagline of the study is “[a]s case volume leaps, damages continue general decline.” Some of they key findings — which are quite fascinating — are: Median damages awards continue to trend down—to $4.3 million in recent years. Damages awards for NPEs averaged more than triple those for practicing entities over the last four years. The median jury award amounted to nearly 37.5 times the median bench award between 2010 and 2013. NPEs have been successful 25%…
  • Is the NCAA a Cartel?

    Howard Ullman
    5 Nov 2014 | 4:24 pm
    The usually good Planet Money program has an excellent recent podcast setting forth the arguments for and against the NCAA [National Collegiate Athletic Association] being an unlawful cartel.
  • Could Amazon Possibly Be a Monopolist? (Updated) (Again)

    Howard Ullman
    13 Oct 2014 | 11:51 am
    (Photo credit: Wikipedia) Franklin Foer, at the New Republic, argues that the answer is yes.  The alleged “crime”: predatory pricing — if not express, than at least in spirit. In “There’s one huge problem with calls for anti-trust action against Amazon” at, Matthew Yglesias rightly points out that market share does not by itself a monopoly make, and further argues that One important hint about Amazon’s non-monopoly status can be found in its quarterly financial reports. That’s where you find out about a company’s profits. In…
  • Can you ever successfully Daubert an antitrust economist?

    Howard Ullman
    2 Oct 2014 | 2:24 pm
    The iPod family with, from the left to the right : the shuffle 4G, the nano 6G, the classic 6G and the touch 4G (Photo credit: Wikipedia) It’s really a very difficult thing to do — and query whether it’s worth the effort.  See, e.g., The Apple iPod iTunes Antitrust Litigation, 2014 U.S. Dist. LEXIS 136437 (N.D. Cal. Sept. 26, 2014) (Gonzalez Rogers, J.) (denying Daubert motions all around).  At least that’s true when the economist is a well-known professor at a major university. The iPod litigation is, by the way, quite interesting . . . the court has refused to…
  • Ninth Circuit Holds State Action Immunity Doctrine Bars Claims Against Convention Center

    Howard Ullman
    17 Sep 2014 | 5:15 am
    The San Diego Convention Center in San Diego, California. (Photo credit: Wikipedia) In United National Maintenance, Inc. v. San Diego Convention Center, Inc., No. 12-56809 (9th Cir. May 14, 2014), the United States Court of Appeals for the Ninth Circuit held that the San Diego Convention center enjoyed state-action immunity from antitrust claims brought by a supplier of cleaning services whose business was negatively impacted by the convention center’s decision to be the exclusive supplier of cleaning services. The California Legislature specifically authorized San Diego (and other cities)…
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    Attorney at Work

  • Lawyers, Give Thanks: You Have It Better Than You Think!

    Roy S. Ginsburg
    26 Nov 2014 | 2:00 am
    Thanksgiving is traditionally a time to take a step back and reflect on what we have to be thankful for. For busy lawyers, taking the time to do this doesn’t come naturally. So I’m going to make it easy for you. I’m here to remind you of some things you should be grateful for. Your Personal Life Let’s face it, we all have our share of problematic relationships in our families, as well as with our friends. That said, most of us also have relationships that we treasure and value. Remember those valued relationships on the days when a family member or friend disappoints you. And, while…
  • HIPAA-Compliant File Sharing for Lawyers

    Asaf Cidon
    25 Nov 2014 | 2:30 am
    Cloud-based file-sharing services like Dropbox, Box and Google Drive may help streamline the way we store and share sensitive documents, but they require an additional layer of security to ensure that confidential files stay safe. Recently, I was chatting with a forensic psychiatrist who consults on criminal and civil cases. He told me that lawyers regularly send him clients’ medical records, sometimes 100+ page documents at a time, without protecting the information and preventing it from falling into the wrong hands. The Health Insurance Portability and Accountability Act (HIPAA)…
  • Effecting Misuse Can Affect the Effectiveness of Your Writing: Sound-Alikes

    Theda C. Snyder
    24 Nov 2014 | 3:00 am
    Similar-sounding words can have very different meanings. Sound-alike words have tripped up many a scribe. Because you may be spelling the word correctly but misusing it for the context, spell-check is of no help. Watch out! Incorrect usage will reflect badly on your legal writing and distract the reader from your message. Affect or Effect? The hands-down No. 1 most confusing word pair is “affect” and “effect.” Part of the confusion arises because both words can work as a noun or a verb. “Affect” is usually a verb. People usually use it to mean “to change” or “to…
  • Five Things We’re Celebrating at Attorney at Work

    The Editors
    21 Nov 2014 | 2:00 am
    How long have you been a subscriber to Attorney at Work? Those of you who have been with us from the very beginning have been receiving “one really good idea every day” since December 2010. By our count, today marks 1,000 really good ideas in your email inbox! While we’re not the kind who stop to celebrate just anything, 1,000 posts seems a worthy achievement. To celebrate, we’re taking time out from our regularly scheduled Friday 5 programming to send out a great big THANK YOU to all of our subscribers, contributors and sponsors — and do a little bragging. Here are five things you…
  • Gender Bias: Time to Leave Your Law Firm?

    The Editors
    20 Nov 2014 | 2:00 am
    Question: I’m a young female lawyer working in a midsize law firm. It’s fairly obvious that women are treated as second-class citizens around here. Are there ways that you have seen to effectively battle this bias — or do I just need to start looking for another job? Kelly Diewert: Although most workplaces have taken great strides over the past several years to ensure that men and women are treated equal, the legal environment is one where the culture varies from firm to firm. Sadly, the “Old Boys’ Club” mentality still does exist in some law firms. Interestingly,…
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    BullsEye Blog

  • Court-appointed Experts: The Future of Litigation?

    20 Nov 2014 | 4:17 am
    In a complex case dealing with the Silk Road drug-dispensing website, Judge J. Paul Oetken must be able to determine whether complicated physical evidence that the FBI searched for and seized from a secure computer is admissible to the case. When it comes to these types of highly specialized technological decisions, will courts now need to hire experts to explain and inform judges, or should judges be able to make these decisions on their own?
  • Rock-and-Rollers Seeking Royalties Run Smack into Daubert

    14 Nov 2014 | 9:16 am
    Decades after their time in the spotlight, former members of the Scottish pop band the Bay City Rollers decided to pursue litigation to recover tens of millions of dollars in allegedly unpaid royalties. Read more to learn about how the exclusion of expert testimony played a role in the type of evidence brought to the jury in this trial.
  • Daubert Analysis at the Class Certification Stage

    9 Nov 2014 | 11:25 pm
    An interesting procedural matter arose in the class action case of Fort Worth Employees' Ret. Fund v. J.P. Morgan Chase & Co. when, simultaneously with the plaintiff's motion for class certification, the defendants moved to exclude the testimony of a plaintiff's expert witness under Daubert.
  • Using Statistical Evidence to Prove Liability in Class Actions

    1 Nov 2014 | 2:00 pm
    In class actions, given the impracticality of proving a defendant’s liability with respect to each and every member of the class, plaintiffs have increasingly sought to use statistical sampling to establish class wide liability. However, the use of statistics for that purpose has proven highly controversial, as illustrated in a California Supreme Court decision issued on May 29, 2014in the case of Duran v. U.S. Bank N.A.
  • Daubert Decisions Not Just for District Courts Anymore

    25 Oct 2014 | 4:00 am
    There is a new gatekeeper in town. Or perhaps 179 of them. Earlier this month, the U.S. Supreme Court refused to grant certiorari and hear an appeal challenging a federal ...
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    Hunt & Associates, PC

  • Child Custody Disputes between Parents and Third Parties

    Charles Ford
    17 Nov 2014 | 10:51 am
    Family law cases involving issues of child custody and/or parenting time are emotionally challenging for all concerned. The typical dispute involves a child’s two parents, each trying to convince the trial judge that she or he is more suited to be the primary custodial parent, or is deserving of more parenting time with the child than the other parent will agree to, or some variant of one or the other. Family law judges in Oregon, when deciding these emotional tug-of-wars, are required by statute to give primary consideration to “the best interests and welfare of the child.” The…
  • Welcoming Our New Associate Attorney, Charlie Ford

    Heather Carr
    6 Nov 2014 | 10:42 am
    Hunt & Associates, PC is proud to announce that Charles Ford has joined the firm as an Associate Attorney Charlie brings an abundance of personal and legal experience to our clients and to our team. Charlie was born in New York and graduated with highest honors from the United States Merchant Marine Academy as a officer in the merchant marine and a commission as an ensign in the U.S. Naval Reserve. He worked for 9 years as a licensed deck officer sailing all over the world while also obtaining a second undergraduate degree and a law degree from the University of Washington. After his…
  • You Can’t Make It Up – A Homeland Security Panty Raid and Storage Costs for Homeless People

    Lawrence Hunt
    28 Oct 2014 | 2:06 pm
    The largest player in our nation’s entertainment industry, government, works hard to demonstrate that it can enhance the triviality of even the most trivial; as it recently did when the Department of Homeland Security conducted a panty raid on a Kansas City lingerie shop to seize “boy shorts”. The shorts’ bottoms exhorted the Kansas City Royals to win the World Series beneath an approximation of the team’s logo which the store’s owner had drawn. Ironically, the owner said that many police officers had purchased the apparently forbidden shorts until the DHS raid. See the full story…
  • Oregon Steps towards Marijuana Legalization

    Nathan Piers-VanderPloeg
    20 Aug 2014 | 2:38 pm
    Last month Oregon certified a ballot measure for the November election that would legalize marijuana for recreational use.  If passed, Oregon would become the third state to allow the recreational use of marijuana, following Washington and Colorado.  Until such a law is passed in Oregon, it remains illegal to use or possess the drug without a medical marijuana card.  In Oregon, possession of less than an ounce of marijuana is not even a crime, but a violation, which is roughly the equivalent of a speeding ticket.  This means that if you are found by police to have less than an ounce in…
  • A Government Extortion Racket That’s Apparently Offensive to Everyone Except the Department of Labor

    Lawrence Hunt
    7 Aug 2014 | 1:29 pm
    A recent story by Jared Meyer summarizes how the U.S. Department of Labor extorts admissions of guilt, unproven damages, fines, and waivers of appeal rights from farmers by implementing the “hot goods” provision of the Fair Labor Standards Act of 1938 against agricultural employers in a manner offensive to Republicans, Democrats, and, most recently, a U.S. District Court in Oregon. As the story points out, it also appears that the Department of Labor uses assumptions and methods of determining whether a violation has occurred in the first place. The story is here. The magistrate’s…
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    Recent Blog Posts

  • Consumer Reports Reveals Problems with Common Cars

    5 Nov 2014 | 12:32 pm
    Consumer Reports, a company that seeks to inform consumers to make the best possible decision when buying goods, has recently released a review of the 2014 automobiles. The big three companies based out of Detroit - General Motors, Ford, and Chrysler - have scored in the bottom for small-car production. Detroit Automakers Fail to Make Safe Vehicles for Drivers Consumer Reports released its Annual Auto Reliability Survey, and the big Detroit car companies were unable to compete with other auto manufactures in developing reliable vehicles. These car companies have been honest with the public…
  • Recent Reports of Defective Cars | California Lemon Law Attorney

    19 Sep 2014 | 3:08 pm
    Despite rapidly advancing technology, certain car models can still be flawed from time to time. Unfortunately, these flaws can have deadly consequences. Two recent cases of defective cars in the U.S. involve a probe of 205,000 Ford Fiestas with doors that have reportedly failed to latch and faulty ignition switches in GM cars that cause drivers to unexpectedly lose all control over their vehicle. When such aut defect cases arise, millions of dollars' worth of lawsuits are sure to follow. If you have been in an accident caused by a defective vehicle, it's important to hire a California…
  • Kia Motors Conducts "Voluntary Service Campaign" for Engine Malfunction

    23 Jun 2014 | 9:55 am
    Kia Motors Corporation, the second-largest vehicle manufacturer in South Korea, issued a voluntary service campaign to reprogram the Engine Control Modules of 2011 – 2013 Sorento cars. Earlier this month, Kia issued a notice to Sorento owners and explained that the vehicle engine can stall / stop without warning when the driver applies the brakes. According to the NHTSA (National Highway Traffic Safety Administration), multiple consumers complained about the problem. Some even described the glitch as "dangerous" and reported multiple incidents of the cars stalling in…
  • GM to Pay $35 Million Fine for Safety Defects, Delayed Recalls

    23 May 2014 | 10:27 am
    American auto makers are back in the news after the National Highway Traffic Safety Administration fined General Motors (GM) for not being upfront about known safety defects in some of their motor vehicles. GM agreed to pay a $35 million penalty for its failures and delayed recalls, and will make significant internal changes to policies on how safety defects will be handled in the future. GM will also be subject to increased U.S. oversight for up to three years. GM's case is yet another instance of a major manufacturer being fined for failing to put consumer safety first. Instead, many of…
  • Write It Right: Why Everyone Should Save Vehicle Maintenance Records

    7 May 2014 | 10:20 am
    In order to prove that your vehicle is a lemon, you must have proof that your new vehicle was defective and continued to be defective despite numerous attempts at repair. To establish this type of proof, consumers need to be able to provide evidence of vehicle maintenance. Auto body shops and repair dealers are actually required by law to provide their customers with detailed information about repairs as well as copies of all pertinent paperwork such as invoices. The Automotive Repair Act The Automotive Repair Act is the law that requires body shops to keep their customers informed. If you…
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    Rozek Law

  • Rich Environments May Help Brain Injury

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

    Randy Rozek
    24 Oct 2014 | 10:48 am
    Visit us at According to research published in the American Surgeon, a scientific journal, patients who showed a history of cannabis use had a higher rate of survival than non-users. UCLA Medical students conducted a three-year review of brain injury trauma patients and discovered that 97.6 percent of those that tested positive for marijuana survived surgery. In contrast, patients who tested negative for pot possessed an 88.7 percent survival rate. Medical students examined 446 drug records for patients who suffered a traumatic brain injury. Doctors test for drugs to decide on…
  • Studies Find Brain Injury Increases Risky Behavior

    Randy Rozek
    9 Oct 2014 | 12:22 pm
    Visit us at New research has found that teen girls who survive a traumatic brain injury are at a higher risk for problematic behavior. In the study, researchers found that 13 risky behaviors increased for girls with TBI, such as binge drinking, suicidal thinking and smoking marijuana. On average, boys only engaged in 9 of the unhealthy behaviors. Survey across Ontario The research involved 9,288 students from grades 7 to 12 from across Ontario, Canada. In the study, surveyors defined traumatic brain injury as blows to the head that caused a five-minute knockout, or a minimum of…
  • Risk of Brain Injury Related to Helmets?

    Randy Rozek
    29 Sep 2014 | 11:36 am
    Visit us at An estimated 25 percent of retired football players have increased risk for developing a form of dementia. Additionally, studies have found that dementia forms much sooner for football players than in those who did not play. Dave Herman, a retired NFL player with more than a decade of playing for the New York Jets, increasingly had problems with memory and thinking over the years. Dr. Sam Gandy, one of Herman’s doctors and a neurologist for Mount Sinai Hospital in New York, said that the group who viewed his case could not give a solid diagnosis. Gandy continued…
  • New Compound Protects Against Brain Injuries

    Randy Rozek
    23 Sep 2014 | 10:35 am
    Visit us at In a recent study conducted at the University of Iowa, researchers discovered that certain compounds could prevent brain cells from certain types of traumatic brain injury. In the experiment, the mice were treated 24 to 36 hours later for a traumatic brain injury due to a blast. During the trial, researchers discovered that the compound prevented the lasting effects associated with TBI. Traumatic brain injury is one of the most common health problems that men and women from the military face. Out of more than two million US soldiers, 10 to 20 percent experience a TBI.
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  • A Road Map For Choosing The Right Attorney

    Robin Friedman
    27 Nov 2014 | 8:44 am
    The divorce process is stressful, costly and highly personal.  Therefore, it is crucial that you hire the right attorney to help you.  When considering what attorney to hire you should consider the following: Does the attorney care about your case? Your attorney should appreciate that the outcome of your case is going to make a […]
  • My spouse and I would like to divorce on friendly terms. What are we allowed to agree to?

    Brett Tokarczyk
    25 Nov 2014 | 6:56 am
    While some divorces can be contentious and high-conflict, many couples have simply grown apart and desire to leave their marriage as amicably as possible. However, even where spouses are in agreement on most or all of the terms of their post-marriage life, they are often left with the uncertainty of whether their intended agreement is […]
  • Retirement Plan Divison in Divorce

    Steven Wiseman
    23 Nov 2014 | 6:56 am
    In many divorces, the most significant assets – even more so than the parties’ residence – are their pension and retirement accounts.  It is not unusual in longer marriages that the parties may have 401K or similar plans totaling hundreds of thousands of dollars or a pension plan that will pay a significant monthly benefit […]
  • Residency and Jurisdictional Requirements for Filing in New York

    Michael Colletta
    21 Nov 2014 | 6:54 am
    In order to maintain an action for divorce in New York, the plaintiff must meet New York’s residency requirements for filing. And if the plaintiff is seeking any “ancillary relief” (i.e. support, division of marital property, etc.), the court must also have personal jurisdiction over the defendant spouse. Residency is satisfied where one of the […]
  • Getting From Point A to Point B in a Divorce

    Kevin Mahoney
    19 Nov 2014 | 6:53 am
    Having a lot of options can be both a blessing and a curse.  Often people who are at a difficult stage in their life due to an unhealthy or broken relationship prefer not to have many choices in order to try to simplify things.  On the other hand, due to individual circumstances and needs, having […]
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    bLAWgical Thinking

  • #barpreplife: Lie To Get Through The Day

    20 Nov 2014 | 5:38 pm
    GUEST BLOG By Jennifer Varteressian, Graduating from The University of Tulsa College of Law, December 2014 Okay. So I am not normally someone who is going to preach, or provide a sermon on life problems, but I am a firm believer that there are times […]
  • #The3Llife: I Hate Registering for Classes

    19 Nov 2014 | 10:22 am
    GUEST BLOG By Shaun Sanders, 3L at Chapman University’s Dale E. Fowler School of Law Last week, I had to register for the last classes I’ll ever take. I have been in school for quite a long time, and as rough as any semester may […]
  • #The2Llife: Interview Prep

    18 Nov 2014 | 2:17 pm
    GUEST BLOG Harrison Thorne, 2L at UCLA School of Law A very important part of law school is finding a law job! But that is easier said than done. So, after going through an extensive job search, I have a few tips to make yourself […]
  • #The1Llife: November is Strange

    17 Nov 2014 | 11:38 am
    GUEST BLOG By Lauren Rose, 1L at the University of Detroit Mercy November is always a strange time during the fall semester. Classes begin to wind down in anticipation of final exams but the stress level of everyone in the school increases. Even in undergrad, […]
  • #lawyered

    17 Nov 2014 | 10:19 am
    GUEST BLOG by Lauren Thedford, SMU Law School graduate and bar passer Hello again to all my summer #barprep friends! I hope you read this as my new lawyer friends, but if not, perhaps that is because the National mean scaled MBE scores for the […]
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    Attorney at Work

  • Lawyers, Give Thanks: You Have It Better Than You Think!

    Roy S. Ginsburg
    26 Nov 2014 | 2:00 am
    Thanksgiving is traditionally a time to take a step back and reflect on what we have to be thankful for. For busy lawyers, taking the time to do this doesn’t come naturally. So I’m going to make it easy for you. I’m here to remind you of some things you should be grateful for. Your Personal Life Let’s face it, we all have our share of problematic relationships in our families, as well as with our friends. That said, most of us also have relationships that we treasure and value. Remember those valued relationships on the days when a family member or friend disappoints you. And, while…
  • HIPAA-Compliant File Sharing for Lawyers

    Asaf Cidon
    25 Nov 2014 | 2:30 am
    Cloud-based file-sharing services like Dropbox, Box and Google Drive may help streamline the way we store and share sensitive documents, but they require an additional layer of security to ensure that confidential files stay safe. Recently, I was chatting with a forensic psychiatrist who consults on criminal and civil cases. He told me that lawyers regularly send him clients’ medical records, sometimes 100+ page documents at a time, without protecting the information and preventing it from falling into the wrong hands. The Health Insurance Portability and Accountability Act (HIPAA)…
  • Effecting Misuse Can Affect the Effectiveness of Your Writing: Sound-Alikes

    Theda C. Snyder
    24 Nov 2014 | 3:00 am
    Similar-sounding words can have very different meanings. Sound-alike words have tripped up many a scribe. Because you may be spelling the word correctly but misusing it for the context, spell-check is of no help. Watch out! Incorrect usage will reflect badly on your legal writing and distract the reader from your message. Affect or Effect? The hands-down No. 1 most confusing word pair is “affect” and “effect.” Part of the confusion arises because both words can work as a noun or a verb. “Affect” is usually a verb. People usually use it to mean “to change” or “to…
  • Five Things We’re Celebrating at Attorney at Work

    The Editors
    21 Nov 2014 | 2:00 am
    How long have you been a subscriber to Attorney at Work? Those of you who have been with us from the very beginning have been receiving “one really good idea every day” since December 2010. By our count, today marks 1,000 really good ideas in your email inbox! While we’re not the kind who stop to celebrate just anything, 1,000 posts seems a worthy achievement. To celebrate, we’re taking time out from our regularly scheduled Friday 5 programming to send out a great big THANK YOU to all of our subscribers, contributors and sponsors — and do a little bragging. Here are five things you…
  • Gender Bias: Time to Leave Your Law Firm?

    The Editors
    20 Nov 2014 | 2:00 am
    Question: I’m a young female lawyer working in a midsize law firm. It’s fairly obvious that women are treated as second-class citizens around here. Are there ways that you have seen to effectively battle this bias — or do I just need to start looking for another job? Kelly Diewert: Although most workplaces have taken great strides over the past several years to ensure that men and women are treated equal, the legal environment is one where the culture varies from firm to firm. Sadly, the “Old Boys’ Club” mentality still does exist in some law firms. Interestingly,…
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    The Attorney Marketing Center

  • Are you doing “Positive Thinking” the right way?

    David M. Ward
    26 Nov 2014 | 11:16 am
    Many studies prove that positive thinking is good for us. It can improve our health, help us live longer, improve our performance and productivity, and improve our lives in many other ways. Other studies show that positive thinking can sometimes make things worse. If you imagine a goal, for example, but ignore the obstacles that lie between your current reality and the achievement of that goal, you’re not going to do what needs to be done to achieve it. I’m not an expert. I don’t even play one on TV. But I’m going to clear this for you, my friend, based on what I have…
  • Doubling down on success

    David M. Ward
    25 Nov 2014 | 10:09 am
    Before you know it, you’ll be doing some planning for the new year. Setting some goals, writing out plans. When you do, there’s something you should think about. If you make a list of everything going on in your life, you’ll note that some things are great, some things are bad, and most things, perhaps 80-90%, are “okay”. You might look at this way: Bad: problems, weaknesses, issues, trouble, pain Great: working well, profitable, easy, pleasurable Okay: works most of the time, rarely needs attention, neither great nor terrible Okay, you get the idea. So, you sit…
  • Apparently, you’re not as busy as you think you are

    David M. Ward
    24 Nov 2014 | 10:03 am
    Interesting article on on the subject of busyness. Apparently you’re not as busy as you think you are. Why do we think we are so busy? According to the author of Overwhelmed: Work, Love, and Play When No One Has the Time, it’s because we’ve talked ourselves into believing it. We wear our busyness with pride, telling ourselves and everyone else how much we have to do and that there’s no time for anything else. We come to believe it and becomes a way of life. This unrelenting feeling of overwhelming busyness is not good for our health or productivity. We become…
  • How to make your phone ring

    David M. Ward
    21 Nov 2014 | 10:00 am
    Suppose that next week you get an email from another professional, a business owner, a blogger, or someone else who sells to, advises, or is otherwise influential in your target market. The email says something like this: I want to thank you linking to my site in your post last week. I really appreciate it. I just spent an hour reading through your site and I’ve got to tell you, you’ve really got some valuable information. I also signed up for your email list, downloaded your free report and think it’s awesome. I’d love to interview you for my blog. I know my 10,000…
  • An attorney who gets it

    David M. Ward
    20 Nov 2014 | 11:21 am
    I may not use the word “posture” but that’s what I mean when I recommend charging top dollar for your services, refusing to discount or match another lawyer’s fees, and being confident enough to tell prospective clients to talk to other lawyers, as I did in yesterday’s post. Virginia appellate attorney Steve Emmert gets it. After reading yesterday’s post, he emailed me the following: Hi, David – I read this entry, and it suggested a related topic. You may recall that I’m an appellate lawyer. Because my state’s appellate bar is small, we all know each…
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    Valensi Rose Law

  • Year-End Tax-Planning Moves for Businesses

    About Valensi Rose, PLC
    20 Nov 2014 | 9:56 am
    By Mayer NazarianIn our last post, we discussed advisable year-end tax-planning moves for individuals under current tax laws. Here, we’ll discuss actions businesses may consider before the end of the year to minimize their own tax obligations. This is by no means an exhaustive list, but it should provide some jumping-off points for your conversations with your tax planning professional. Employers must withhold additional Medicare tax from wages in excess of $200,000 regardless of filing status or other income. Self-employed persons must take this into account when figuring…
  • Year-End Tax Planning Moves for Individuals

    About Valensi Rose, PLC
    17 Nov 2014 | 3:27 pm
    By Mayer NazarianYour year-end tax planning may be particularly challenging this year, as Congress has yet to act on a host of tax breaks expiring at the end of 2014. The fate of these tax breaks may not be clear until the end of the year, or possibly the beginning of next year.For individuals, these breaks include the option to deduct state and local sales and use taxes instead of state and local income taxes, the above-the-line deduction for qualified higher education expenses, tax-free IRA distributions for charitable purposes by those age 70 ½ or older, and the exclusion for up to…
  • Can a California Employee Waive the Right to a Labor Commission Hearing as a Condition of Employment? The Jury is Still Out…

    About Valensi Rose, PLC
    12 Nov 2014 | 10:08 am
    By David KrollIf a California employer fails to pay wages, an employee may not want to file a lawsuit. Instead, he or she might seek administrative relief by filing a wage claim with the California Labor Commissioner.  An employee who files such a claim is entitled to a "Berman" hearing, which is conducted by a deputy labor commissioner.  For employees, a Berman hearing is an attractive alternative to litigation.  The hearing is informal, so the rules of evidence don't apply.  That can help employees who represent themselves at the hearings— and the presiding deputy…
  • Streaming for Dollars

    About Valensi Rose, PLC
    17 Oct 2014 | 9:55 am
    By Michael R. MorrisI recently moderated a panel for the California Copyright Conference entitled “Streaming for Dollars,” that addressed the music industry’s current evolution from an “ownership” model to an “access” model.  Instead of purchasing CDs or permanently downloading songs via iTunes, Amazon, etc., a vastly increasing share of music listeners are choosing to stream music over the Internet via services such as Pandora, Spotify, and Sirius XM.  While these streaming services still pay royalties to artists, songwriters, music publishers, and record companies,…
  • Gold Diggers Beware

    About Valensi Rose, PLC
    25 Sep 2014 | 3:19 pm
    By Lynda ChungIn the world of trust and estate litigation, claims of undue influence are nothing new. These suits usually concern a caregiver, mistress, or other interloper coercing an unfair share of an inheritance from the deceased.  However, far less common are undue influence cases brought against the wife of the deceased. That is … until a case earlier this year made it clear that marriage is not a license to steal. Indeed, all would-be “gold-diggers” should take note, as this decision is a potential game changer.In this case, the deceased took the defendant as his third wife…
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    Estate Law Canada

  • Whose life insurance is it anyway?

    27 Nov 2014 | 10:41 am
    Sometimes a couple separates and one spouse must pay child support to the other. They usually put the arrangement into a Separation Agreement so that the terms are clear. On occasion, the spouse who is paying the support agrees (or is required by the court) to buy a life insurance policy, the intent of which is to ensure that if the paying spouse dies, there is enough money to pay out the
  • Inheritance tension: why more families may be headed for court

    23 Nov 2014 | 11:45 am
    CBC News is carrying an excellent article about inheritance and resulting disputes. I wish I could say it was all doom and gloom, but after 30 years in the industry I have to say that disputes and struggles are the norm, not the exception. The article explains why BC has more estate litigation than other provinces.  Click here to read the article.
  • Beneficiary and executor at a stalemate over signing of Release

    22 Nov 2014 | 2:46 pm
    I often receive questions about the release forms that are to be signed by beneficiaries. Here is one from a reader that I've heard more than once, that should be of interest to many of you. "Is there a standard release form ? I have obtained one from my Estate lawyer and one of the beneficiaries will not sign - as the form states "Received" and her take is that she has not received the funds,
  • It's "Make a Will Month"

    15 Nov 2014 | 4:26 pm
    Do you have a valid, up-to-date will? If not, why not? The Ontario Bar Association has designated November as "Make a Will" month to encourage people to look into getting wills put into place. has an article that talks about why people don't make wills, and clearly explains the advantages of having a will that is properly planned and properly put together.  Click here to read
  • What if a trustee of a trust won't pay a beneficiary?

    12 Nov 2014 | 1:14 pm
    What if the trustee of a trust refuses to pay the beneficiary? Most individuals would not know where to start, as trust law is pretty foreign to most people. A reader recently asked me about this. Below, I outline the steps a person might wish to take in order to address the situation. "My daughter was left as a beneficiary on a trust fund. The executor will not pay my daughter. What can we do
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    AZ Attorney

  • Yes, turkey pardons have reached the tofurky; pass the stuffing

    26 Nov 2014 | 8:30 am
    Turkeys, stuffed or pardoned, are an American favorite. I’ll be the first to admit that I appear to be easily impressed by turkey stories. In past years, I’ve pointed you to turkey pardons, here and here, and even just Turkey generally (see what I did there?) But though we often are subjected to the annual ritual of public figures “pardoning” a select fortunate turkey (while its cousins end up on America’s dinner tables), we sometimes wonder if that is all for show. Does the gobbling poultry live out a happy life gobbling, or are they dispatched soon after the press conference? One…
  • Commentators see increasingly politicized Supreme Court #SCOTUS

    25 Nov 2014 | 8:30 am
    Before November runs its course, I wanted to point out one item in this month’s Arizona Attorney you may have missed—a book review. My fondness for book reviews—when well done—is unabashed. And this month, attorney Roxie Bacon examines a new book by Erwin Chemerinsky that dissects the U.S. Supreme Court. Chemerinsky is Dean of the UC-Irvine law school, as well as an accomplished scholar and SCOTUS litigant. And his assessment of the Court’s standing is damning. He argues that the Court has fallen down on the job in regard to its most important missions. You can read Roxie’s…
  • November marks 5-year anniversary of blog, legal novel, late nights

    24 Nov 2014 | 8:30 am
    Five years ago, this law blog started as a novel. Thanks and I’m sorry. (Photo by mpclemens) Five years is a long time to do anything—especially write a daily legal blog. But it was November 2009 when I launched this blog. How to celebrate? Well, I won’t urge you to go back in blog time and to read old posts. But I will note this blog’s literary roots. In case you don’t know, I started this blog as a method to publish a legal novel—written all in one month, November 2009, as part of a national novel-writing effort. At the bottom of this post, I’ll share some links to a few…
  • Don Coen Migrant Series at @phxart compelling look at migrant farmers

    21 Nov 2014 | 9:04 am
    Artist Don Coen speaks before the opening of his “Migrant Series,” Phoenix Art Museum, Oct. 17, 2014. An impressive show has launched at the Phoenix Art Museum that forces viewers to take a closer look at people and products they may take for granted. “The Migrant Series” by Don Coen is composed of arresting portraits of the migrant workers who bring much of the food to American tables. It opened on October 18 and runs through February 1, 2015. Just a few days ago, I recommended an art-related event. I hadn’t planned to offer another so soon, but last night’s address by…
  • eDiscovery papers sought for upcoming ASU-Arkfeld conference

    20 Nov 2014 | 8:30 am
    In the event you have a great eDiscovery treatise banging around in your head (or your desk drawer), here is the opportunity for you. A respected conference focused on eDiscovery and digital evidence is seeking papers on the topic. They are due by December 2, though, so sharpen your (digital) pencils. Here is more from conference organizers: “The Conference welcomes papers that fit within our 2015 theme: ‘Know the Law, Know the Technology.’ Papers might address law, technology, or the intersection of the two. All papers submitted will be fully refereed by a minimum of two specialized…
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    Beck's Law

  • An Open Letter To President Obama: Please Remove Cannabis From Schedule I

    Jared Beck
    6 Nov 2014 | 4:41 pm
    Dear Mr. President: I know your administration has much to think about in the wake of Tuesday’s midterm elections, which by any account were a difficult event for your party.  But one issue, at least, should be a no-brainer. The time has come to remove cannabis from Schedule I of the federal Controlled Substances Act. As the most stringently restricted category of controlled substances under federal law, only Schedule I drugs cannot be prescribed by a doctor.  Congress designated cannabis as Schedule I almost 45 years ago.  To qualify for such treatment under the U.S.
  • When Winning Isn’t Enough

    Jared Beck
    4 Nov 2014 | 8:28 pm
    Amendment 2 has received 57.5% yes votes at latest count, with over 95% of the votes recorded.  It takes over 60% to amend the Florida Constitution.  This means that Amendment 2 will not pass, and cannabis will not be legalized for medical purposes in Florida. But let’s take a closer look at these numbers. Amendment 2 received at least half a million more votes in Florida than did either major party candidate for governor. Amendment 2 won a greater percentage of the electorate than Franklin Roosevelt did nationally when he cruised to a historic landslide victory over Herbert…
  • Thoughts On Amendment 2, One Day Before The Election

    Jared Beck
    3 Nov 2014 | 1:26 pm
    Should Amendment 2 go down in defeat on Election Day, the people of Florida will have some thinking to do. Amendment 2 would legalize the use of cannabis, with a doctor’s approval, as a treatment for patients with debilitating medical conditions including cancer, AIDS, Lou Gehrig’s disease, and multiple sclerosis, among others. In January of this year, the Florida Division of Elections announced that the proposed amendment had recorded over 786,000 signatures, well in excess of the amount needed to qualify for the ballot. Later that month, the Florida Supreme Court approved the…
  • Who’s To Blame For The Great Florida Condo Crash? Florida Appellate Court Suggests It May Be . . . Escrow Agents

    Jared Beck
    7 Sep 2011 | 11:00 pm
    While the global economy remains in the doldrums, recent reports have the South Florida condo market showing signs of recovery, even robustness.  Still, the fallout from the Great Real Estate Crash of several years ago remains undecided in critical ways.  This is especially true of the legal realm, which typically marches to a slow but steady drumbeat. Yesterday, the Third District Court of Appeal — the Florida State intermediate appellate court with jurisdiction over Miami-Dade County — dropped a bombshell of sorts.  In a case called CRC 603, LLC v. North Carillon, LLC, the…
  • Donald Trump Is No Leader

    Jared Beck
    24 Apr 2011 | 4:53 pm
    Lately, Donald Trump has been dominating headlines as a potential presidential candidate.  Much of the discussion so far has concerned the seriousness of Mr. Trump’s plans. Commentators have noted past announcements of a Trump candidacy that never materialized, and his history of seeking the limelight at all costs, not to mention his lack of well-formulated political goals or viewpoints. Photo by Gage Skidmore But whether or not Donald Trump has any real intention of throwing his hat into the ring this time around, one thing should be clear to anyone who has observed his track record…
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    Law Donut blog feed

  • Unfair dismissal tribunals - infographic

    24 Nov 2014 | 7:42 am
    Information about Unfair Dismissal and Redundancy from Knocker & Foskett employment solicitors, based in Kent, visit their website for more information Further reading Dismissing employees - key facts When a dismissal is automatically unfair Resources:  Dismissals and redundancies
  • Should holiday pay include overtime?

    Mark Williams
    5 Nov 2014 | 6:40 am
    Business groups have reacted angrily to an Employment Appeal Tribunal (EAT) judgment that could mean the holiday pay of millions of UK workers will need to include overtime. Currently, holiday pay is based on basic pay. To make matters worse for employers, this could be backdated, with some business groups warning that the resulting additional cost burden could force many small firms out of business. According to the government, about a sixth of the UK’s 30m employees could be entitled to the “backdated holiday pay bonanza” (as The Daily Mirror described it. Critics were quick to point…
  • UK workplace health and safety in numbers

    30 Oct 2014 | 4:44 am
    Published recently on the Health & Safety Executive (HSE) website, the Health and Safety Statistics – Key figures for Great Britain 2013/14 provides food for thought for employers. According to the statistics: “1.2m people who worked during the last year were suffering from an illness (long-standing as well as new cases) they believed was caused or made worse by their current or past work. [Half a million] of these were new conditions [that] started during the year. A further 800,000 former workers (who last worked more than 12 months ago) were suffering from an illness [that] was…
  • How to stop your ideas being stolen by your supply chain

    28 Oct 2014 | 2:33 am
    If you’ve worked hard to build up a brand or come up with a new product or process, you have intellectual property (IP). You probably know that your IP is at risk; others may try to copy your idea or pass off their products under your brand. This is known as infringement and can cause financial and reputational harm. What you might not know is that members of your supply network can be one of the most common IP infringers. That’s right, incredible though it may seem, people you trust to make or sell your products can be among the most likely to steal your ideas. Upon further examination,…
  • Employee tattoos, employment law and your business

    8 Oct 2014 | 2:02 am
    Body art has become part of everyday life throughout western society. Long gone are the days when tattoos were considered a novelty favoured by specific social groups and subcultures. However, not all employers welcome tattoos, so, should body art enthusiasts be told to cover up their tattoos at work or would this be discrimination? With one in five people in Britain now having a tattoo, this is a relevant employment law issue for many UK businesses. Employer defence Employers insist they have the right to make employees cover up if their appearance compromises the company’s image. But…
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    Colorado Construction Litigation

  • Preparing for the 2015 Colorado Legislative Session

    David M. McLain
    21 Nov 2014 | 10:00 am
    As Colorado starts to prepare for the 2015 legislative session, construction defect reform is shaping up to be another key issue under the Capitol dome. Once again, the Homeownership Opportunity Alliance (HOA) will be leading the charge. The HOA is a coalition of Coloradans working to open the doors to homeownership by: 1) protecting consumers from unknowingly entering into litigation and establishing solid processed through which homeowners and developers can work together to achieve a positive resolution to identified defects in construction, and 2) increasing the supply of attainable,…
  • KF-103 v. American Family Mutual Insurance: An Exception to the Four Corners Rule

    David M. McLain
    27 Oct 2014 | 10:22 am
    In Colorado, the “complaint rule,” also known as the “four corners rule,” requires an insurer to provide a defense when an underlying complaint alleges any set of facts that may fall within an insurance policy. This can result in a situation where an insurer has a duty to defend although the underlying facts ultimately do not fall within the policy.  In KF-103 v. American Family Mutual Insurance, 2014 WL 4409876, District Court Judge Richard P. Matsch recognized an exception to the complaint rule.  In doing so, Judge Matsch determined that a court may look beyond the…
  • HHMR Attorneys to Present at an Upcoming CRG Builder Lunch & Learn - Reserve Your Seat Now

    David M. McLain
    16 Oct 2014 | 8:04 am
    The Construction Resource Group will be hosting a Builder Lunch & Learn. If you are a Colorado builder and are interested in attending, you can visit the Eventbrite website to reserve your spot. Seating is extremely limited.
  • David M. McLain, Esq. to Speak at the 2014 CLM Claims College

    David M. McLain
    12 Aug 2014 | 9:38 am
    David McLain will be a speaker at the School of Construction.  The Claims College will be held from September 7-10 in Philadelphia, Pennsylvania.  Mr. McLain is a founding member of Higgins, Hopkins,McLain & Roswell, LLC, a firm which specializes in construction law and construction litigation throughout Colorado.  Mr. McLain received his undergraduate degree from Colorado State University, graduating cum laude, and his law degree from the University of Denver, College of Law.  Mr. McLain completed the Claims and Litigation Management Alliance Litigation Management…
  • When Can a General Contractor’s Knowledge be Imputed to a Developer?

    David M. McLain
    31 Jul 2014 | 1:53 pm
    The Colorado Court of Appeals recently handed down an opinion clarifying when the knowledge of a general contractor can be imputed to a developer. In the case of Jehly v. Brown, 327 P.3d (Colo. App. 2013), the Court of Appeals held that a developer cannot be held liable for fraudulent concealment when the developer has no actual knowledge of the fact or facts allegedly being concealed even if the general contractor had knowledge.In this case, Brown, the developer, owned real property in Teller County and hired a general contractor to build a single-family house. Sometime before or during the…
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    Accellis Technology Group

  • Hard Truths About Email & Document Management (and How to Make it all Work)

    John H. Roth II
    20 Nov 2014 | 2:58 pm
    As email communication and electronic document exchange become increasingly popular, keeping it all organized and accessible can often be a challenge. One of the biggest questions firms ask when moving into a Document Management System is deciding where their emails should be saved. In an ideal world, all email communications would be saved in your document management system (DMS). But this rarely happens. In this article, I’ll share some of the hard truths I’ve come to learn about real-world email management, along with some best practices that will help you get as close as possible to…
  • 5 Reasons Your Firm Should Work With a Certified Consultant

    Colleen Heine
    5 Nov 2014 | 2:12 pm
    “If you think it’s expensive to hire a professional, wait until you hire an amateur.” Throughout our years of supporting and installing software, we’ve been called in to many horrific situations where a firm was either completely dead in the water or faced thousands of dollars in damages due to oversights made during an installation or upgrade. We get it, lawyers like spending money on IT just as much as I like sinking hundreds of dollars every few year for new tires. But you get what you pay for. The next time you decide to hire the cheapest person to do the job, consider…
  • NetDocuments Demonstration

    Accellis Technology Group
    4 Nov 2014 | 4:10 pm
    Learn how NetDocuments can help you manage your firm. Attend a free, 15 minute on-demand demonstration of NetDocuments Document Management system. NetDocuments enables law firms of all sizes to create, secure, manage, access, and collaborate on documents and email anywhere, anytime, on any device. Learn how NetDocuments will help you streamline your technology and improve the way you work. During this video, you’ll see how NetDocuments can help you: Search across cabinets or the entire repository with full text enterprise search. Create, edit, and collaborate on documents with full…
  • Beware of Another Microsoft Office Zero-Day Flaw

    Accellis Technology Group
    22 Oct 2014 | 12:35 pm
    Microsoft Announces Vulnerability in Office that affects nearly all versions of Windows On Tuesday, Microsoft warned Windows users that cyber criminals are exploiting a recently discovered vulnerability in Microsoft Office. Users are sent an attachment that will open a Power Point or Office document (.pptx, .pptm, .ppt, .docx, .xls). The document opened will run other programs in the background, allowing the hacker gain access to everything on the computer. Users with administrator rights pose the greatest risk if infected. What is being done about it? Microsoft released a fix for this…
  • Amicus Attorney Keyboard Shortcuts

    Colleen Heine
    2 Oct 2014 | 7:02 am
    Amicus Attorney Premium Edition is a well-known practice management with over twenty years of designing legal software. Underutilized tools within the program include the use of HotKeys or those keyboard shortcuts that help users move quickly throughout the program. Firms familiar with the program may recognize a few off this master list of key combinations to make your Amicus office even more efficient. A few shortcuts include: CTRL+N – Create New CTRL+F – Quickfind CTRL+D – Generate A Document CTRL+T – Insert Timestamp CTRL+R – Copy Address CTRL+SHIFT+S –…
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    The Litigation Consulting Report

  • How Long Before Trial Should I Begin Preparing My Trial Graphics?

    26 Nov 2014 | 11:18 am
      by Ken LopezFounder/CEOA2L Consulting "How long in advance of trial should I be working with my trial graphics firm?" I hear this question in some form quite regularly. Often the person asking it has some idea of what they are planning to do, and they are looking for validation of their plan. However, for those who are genuinely looking for best-practices, I can offer meaningful guidance based on 20 years of advising top litigators and watching top trial teams prepare for trial. Clearly, a balance must be struck between the likelihood of settlement and the value of preparing your trial…
  • Useful Directory of Peer-Approved Legal Consultants and Vendors

    25 Nov 2014 | 8:45 am
      by Ken LopezFounder/CEOA2L Consulting Yesterday, Legal Times released its annual directory of top legal consultants and vendors, The Best of Legal Times Reader Rankings 2014. While this reader-generated list focuses on Washington, DC, most of the categories have national relevance. In fact, most winning firms, like ours, are national firms who win similar accolades from Legal Times' sister publication, The National Law Journal. 600 firms were in the running for the various categories that include everything from jury consultants to litigation financiers to law firm web design…
  • In-House Counsel Hiring Methods for Litigation Counsel Are Surprising

    20 Nov 2014 | 2:04 pm
    by Ken LopezFounder/CEOA2L Consulting A little more than a month ago, I surveyed our readership and asked, "how does in-house counsel hire outside litigation counsel?" Six possible answers were presented in random order. In-house chooses the lowest priced firm from a group of approved firms. In-house hires the best litigator based on prior experience. In-house hires the best litigator based on their reputation. In-house hires their litigator friends and former (or future) colleagues. In-house hires the litigator most likely to generate a win. Finally, a write-in field for other responses…
  • 7 PowerPoint Trial Presentation Secrets Revealed

    18 Nov 2014 | 6:50 am
      by Alex BrownDirector of OperationsA2L Consulting My hobby is woodworking. Recently, I had to build a dog fence so that my wife could train one of our dogs. From photos I figured out the dimensions, type of wood to use, and the hardware needed. What I did not take into consideration were the tools I would need to complete the job easily and on schedule. In the process of building the fence, I ended up at our local ACE Hardware store shopping for multiple tools including one I had never used before, a planer. Only after destroying a few key parts for the fence did I learned my lesson,…
  • [New and Free Webinar] 12 Things Every Mock Juror Ever Has Said

    17 Nov 2014 | 1:05 pm
      by Ken LopezFounder/CEOA2L Consulting If you can learn the secrets of how mock jurors commonly behave during mock trial deliberations, you will be better positioned to win at trial. These behavior patterns are understandably foreign since most people see mock juries deliberate infrequently. However, when you are a jury consultant, mock trials are routine, and repeat behavior patterns become clear over a long career. Surprisingly, it turns out that no matter where you go in the country, mock jurors tend to act in similar ways. Although there are venue-specific idiosyncrasies,…
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    New Jersey Injury Attorney Blog

  • New Jersey Motorcyclist Killed by Deer

    4 Nov 2014 | 9:15 am
    A 36-year-old Hillsborough man was killed in a New Jersey motorcycle accident when his 2008 BMW R12 collided with a deer. According to a news report, the fatal motorcycle crash occurred near the former Gibraltar Rock Quarry entrance on County Route 601 in Montgomery Township. Officials say he was ejected from his motorcycle after colliding with a deer. He was treated at the scene and admitted in extremely critical condition in New Brunswick. Later that day, he died from his injuries. As the temperature begins to drop, we can expect an increase in the number of deer-related traffic…
  • Workers Injured in New Jersey Factory Explosion

    20 Oct 2014 | 2:09 pm
    Several people were injured at a New Jersey factory when a four-alarm blaze broke out following an explosion. According to a CBS New York news report, the factory accident occurred at Crest Foam Industries on Carol Place in Moonachie. Of the 17 employees in the factory, four were hospitalized with head injuries after the explosion. Officials worried that dangerous toxins may have been released into the air, but tests proved negative. An investigation is underway into the cause of the explosion, but officials know that workers were mixing hydrogen and oxygen to make polyurethane foam at the…
  • Teenager Killed in New Jersey Truck Accident

    13 Oct 2014 | 1:08 pm
    A 19-year-old Bridgewater man was killed in a New Jersey car accident when his 2005 Dodge Ram burst into flames after being struck by a 2015 Mack truck. According to a an Associated Press news report, the fatal truck accident occurred on Route 22 at Cramer Avenue in Green Brook. Officials say the pickup was stopped for a red light when the larger truck plowed into it. The teen's pickup burst into flames, and he was fatally injured. Whenever someone is killed in a New Jersey car accident, it must be determined who was at fault and how the crash could have been prevented. In many cases, the…
  • Grandmother Critically Injured in New Jersey Crash

    15 Sep 2014 | 12:22 pm
    An 85-year-old woman was critically injured in a New Jersey car accident when a delivery van struck her and her grandson as they crossed the street. According to an Asbury Park Press news report, the pedestrian accident occurred on Newman Springs Road in Red Bank. Officials say the woman was walking with her 4-year-old grandson from Burger King to her home when the delivery van struck them. She was transported to Jersey Shore University Medical Center in critical condition and her grandson was treated and released.
  • New Jersey Firm Fined for Workplace Safety Violations

    9 Sep 2014 | 9:07 am
    After observing a number of fall hazards at three construction sites in Bloomfield, the Occupational Safety and Health Administration (OSHA) conducted a full investigation. According to an EHS Today news report, Concrete Systems Inc. now faces $52,470 in fines from the eight citations. OSHA officials cited the firm for one repeat and seven serious violations. The company was previously cited for exposing workers to fall and other hazards at worksites in Kearny and Cranford. OSHA cited the firm because workers were allegedly exposed to a 25-foot fall hazard without adequate protection. The…
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  • Takata Airbag Lawsuits Being Filed By Those Injured By Defective Airbags

    24 Nov 2014 | 10:10 am
    The last thing that anyone driving expects is to be injured by defective airbags. That is what happened however when a woman in Florida was involved in a car accident in her Honda. The woman was involved in what should have been an accident in which serious injury could be prevented by the air bag. Instead however, the woman was killed by what the medical examiner in Florida called air bag shrapnel. The Takata Corp and Honda Motor Company have been served with a lawsuit that relates directly to the death of the woman as it pertains to the involvement of the air bag in her death. The family of…
  • The History of Transvaginal Mesh Implantation

    24 Nov 2014 | 9:57 am
    There has been a great deal of publicity regarding “transvaginal mesh” implantation in the past few years. However, the reference is somewhat of a misnomer, in that the product is actually surgical mesh that is used in a transvaginal placement to correct pelvic organ prolapse (or POP) and stress urinary incontinence (or SUI). What is POP? Pelvic organ prolapse is often caused by a weakening or stretching of the tissues holding the bladder and other abdominal organs in place. This results in the organs sagging and often bulging into the vagina. It is attributed to the stress of childbirth…
  • Takata Airbag Inflator Recall After Many Wrongful Deaths

    20 Nov 2014 | 7:57 am
    TK Holdings Inc., which does business as Takata, is a manufacturer of motor vehicle seatbelts, air bags, steering wheels, and child restraint systems. On April 11, 2013, Takata issued a Defect Information Report (“DIR”) to the National Highway Traffic Safety Administration concerning specific air bag inflaters installed in vehicles produced by several vehicle manufacturers. The DIR was issued after Takata learned of an air bag deployment issue in Japan in October, 2011, and then a second issue in Puerto Rico the following month. Concerns over Takata air bags have been an issue…
  • Hire a Reliable Car Accident Attorney California

    8 Nov 2014 | 9:30 am
    Personal vehicle has become more of a necessity than a luxury to many. No person has the patience to wait for a public transport for their traveling needs. Everyone wants to reach office and school on time. For this reason, many people prefer to have a private vehicle. The sales of cars and motorcycles have increased vastly. With this, there is more traffic on road and number of accidents have also increased. Some accidents are minor while some are major in which the driver and travelers suffer from severe injuries. Have you been a victim of one such road accident? If yes then it is wise to…
  • Areas Practiced By a Law Firm in California

    6 Nov 2014 | 9:30 am
    A car accident is unexpected. Considering this factor no one is prepared on what should be done after an accident. However, the same should not be neglected at any cost. Many people neglect filing a police report thinking that it takes a lot of time. When you file a report, you know that you are in safe hands. This works the best especially when you are involved in a major accident and planning to get help from a reliable law firm in California. A lawyer mainly works on the basis of first hand information. You tend to make their work easier when you do all the needful such as: *Filing a…
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    Wexler Wallace Law Firm Blog

  • Simplifying with Cutti and Rule 701

    Thomas Doyle, Of Counsel
    11 Nov 2014 | 8:04 am
    Last month, the Supreme Court decided not to review a decision involving lay witness opinion testimony. The case – Cuti v. United States, 720 F.3d 453 (2nd Cir. 2013) – may be valuable for anyone who is involved in complex
  • Getting Outside of the Office: Support the Children’s Research Fund Junior Board at Cocktails for a Cause

    Tania Yusaf, Associate
    4 Nov 2014 | 1:19 pm
    In addition to my passion for helping injured plaintiffs through my role as an associate attorney with Wexler Wallace’s mass torts practice, I am passionate about helping to improve the quality of health care delivered to pediatric patients through my
  • Arbitration Clauses: Coming soon to a Online Customer Service Agreement near You

    Amy Sayre, Paralegal
    29 Oct 2014 | 6:09 am
    Earlier this year, I wrote about the online storage company Dropbox adding an arbitration clause to its customer service agreement. It seems Dropbox is in very good company on the Internet these days. According to New York Times blog “The
  • Generic Drug Labeling: The Saga Continues

    Corey Raines, Associate
    22 Oct 2014 | 7:56 am
    Almost a year ago, I eagerly wrote about the FDA’s proposed rule that would permit generic drug manufacturers to unilaterally change the warnings on their product labels, effectively overturning the Supreme Court’s decision in PLIVA v. Mensing. Currently, a generic
  • You Might Be Able to Avoid Forced Arbitration, Even in 2014

    Kara Elgersma, Partner
    6 Oct 2014 | 11:01 am
    The Seventh Circuit has recently upheld litigants’ rights to pursue their claims in court rather than in arbitration in two cases: Druco Restaurants, Inc. v. Steak ‘n Shake Enterprises, Inc. et al., No. 13-3489, 2014 U.S. App. LEXIS 16869 (7th
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  • Holy Excuses!

    19 Nov 2014 | 11:57 am
    Theoretically, every small business owner understands that marketing is a basic need for success.  Still, it can be intimidating and leave lawyers wishing they didn’t have to develop this skill.  It’s impossible to overstate the importance of marketing for lawyers, though.  If you find yourself procrastinating due to any of the following excuses, you’re not alone. I Have Enough Work When you’re busy filing briefs and meeting with clients, it can seem like there’s just no time in the day to devote to marketing your law firm.  You might even think that you don’t need to market…
  • I did your holiday shopping for you!

    10 Nov 2014 | 7:18 am
    The holiday season is upon us, and that means for the next eight weeks our schedules are going to be hectic, offices will be closed and our professional and personal calendars are going to become chaotic! On the list of things to do before the end of year is show appreciation to top clients and referral sources, and I know you WANT to make that happen. However, I can’t even tell you how many times I have talked with attorneys about the holidays and showing appreciation to top clients and referrals sources and heard, “Well, I really wanted to do that, but time just got away from…
  • Fool Proof Legal Marketing Strategies for November & the New Year

    7 Nov 2014 | 6:04 am
    It’s hard to believe November is here already.  We are busy working on our plans for 2015 and hopefully you are doing the same. For those of you that do public speaking engagements, now is a great time to reach out to secure gigs for the beginning of the year.  Identify a handful of organizations or groups you would like to work with, send them a letter proposing an event or speaking topic and have someone on your staff follow up within the next two weeks.  It’s a fool-proof formula for speaking success! November is also a great month to send out your holiday or…
  • Good Deeds Can Also Be Good Marketing for Lawyers

    29 Oct 2014 | 8:54 am
    There’s nothing quite like being able to market your law practice while also doing something wonderful for someone else.  Fall and winter are the perfect time to consider hosting a food or clothing drive, for example.  With the weather getting colder many people have difficulty affording weather-appropriate clothing, not to mention the added expense of heating their homes.  With the holidays coming up, many are also wondering how they will be able to purchase a few gifts for their children and other loved ones or to travel for family get-togethers. A great way to market your practice and…
  • Online Reviews…The Good, Bad and Ugly

    25 Aug 2014 | 12:14 pm
    There are so many ways for clients to tell everyone they know about you, and thanks to the Internet, they can even tell people they don’t know!  This is great if the things they’re saying make you look good.  If they’re posting negative reviews and comments, however, it can feel like a punch in the gut to someone running their own small firm. So, what do you do if someone is trying to sabotage your legal marketing plan by saying nasty things on Yelp, their blog, or your Facebook page? First, don’t panic.  This is a time to keep your cool, because how you respond is more important…
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    Pam Woldow's At the Intersection

  • Taking the Plunge: Do You Want to Be Managing Partner?

    Pam Woldow & Doug Richardson
    13 Nov 2014 | 12:37 pm
    So you’re thinking about diving into the election for Managing Partner, eh?         You think your chances are good: you enjoy the respect of your partners, your business judgment is on a par with your legal judgment, and during your term on the Executive Committee, you came up with strategies that helped the firm navigate some rocky shoals and weather some serious storms. You’re seen as a problem-solver who can think outside the box and eschew tradition when necessary to respond to change. Yet some close friends, your significant other and probably your family are…
  • “You did WHAT!?” – The Powerful Value of Providing Something for Nothing

    Pam Woldow & Doug Richardson
    7 Nov 2014 | 7:16 am
    At the risk of further confirming our reputation as heretics, let us advance what to most practicing lawyers may seem like an outrageous proposition: “Not everything in life has to be a billable event. There are times when you’ll help your cause most by providing value and not charging the client.” Full disclosure: This post was triggered by the progress reports of a group of up-and-coming partners participating in a year-long business development coaching program. All confirmed the powerful BD benefits of face-to-face time, researching all aspects of potential clients’ businesses,…
  • Straight From the Horse’s Mouth – GCs Say What They Want From Outside Firms

    Pam Woldow & Doug Richardson
    15 Oct 2014 | 3:53 pm
      We recently attended a private meeting held in Panama with the General Counsel of 35 global corporations. Given the differences in their businesses, geography, cultures and operational envelopes, one would surmise that they saw their practices, priorities and peeves quite differently.  Not so: it would be fair to say that there were more areas of concordance in their thinking as there were differences and disagreements.  Plain speaking was the order of the day. Their responses were particularly telling – and particularly outspoken – when we propounded a broad meta-question: What…
  • Making Your Net Work

    Pam Woldow & Doug Richardson
    12 Oct 2014 | 10:35 am
    When we hear business development-oriented lawyers talk about all the wondrous things evolving social media technology can do to their (or their firm’s) market visibility and reach, we’re reminded of the story of the backwoods recluse who wins a new automatic dishwasher in a contest. When a neighbor runs into him in town and asks how he likes this life-changing bit of modern technology, the rustic shakes his head and scoffs, “well, it ain’t worth a tinker’s damn.  I’ve had it for two weeks now, and so far it hasn’t even cleared the table.” Skilled social media navigators…
  • Cutting Corners, Part IV: The Readers Speak

    Pam Woldow & Doug Richardson
    26 Sep 2014 | 9:40 am
    If one purpose of a blog is to provoke spirited debate, we surely succeeded in our recent posts on whether client-driven pressures for greater efficiency and cost control compel outside counsel to “cut corners” in legal service delivery.  Our premise that “an inevitable dog fight erupts whenever lawyers try to discuss quality and cost in the same sentence” proved to be true.  Passionate and pointed comments filled our email inbox. So now it’s time take the microphone out into the audience and let you hear different voices first hand. On Guard, Sir Unsurprisingly, we heard from law…
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    Idaho Criminal Defense Blog

  • Panel Kills Public Defender Changes in Idaho - Don't Blame the Defenders!

    Chuck Peterson
    24 Nov 2014 | 6:11 pm
     From the Idaho Statesman tonight:  "Four years ago, a report from the National Legal Aid and Defender Association found that Idaho is violating its Sixth Amendment obligations to defendants. Public defenders across the state were being given too many cases, and some defendants weren't meeting their attorneys until they were in the courtroom. The report also said that defendants sometimes felt pressured to accept a plea agreement rather than go to trial." The Idaho Statesman is reporting that the legislative committee charged with making changes in our state's method of…
  • Panel Kills Public Defender Changes in Idaho - Don't Blame the Defenders!

    Chuck Peterson
    24 Nov 2014 | 6:11 pm
     From the Idaho Statesman tonight:  "Four years ago, a report from the National Legal Aid and Defender Association found that Idaho is violating its Sixth Amendment obligations to defendants. Public defenders across the state were being given too many cases, and some defendants weren't meeting their attorneys until they were in the courtroom. The report also said that defendants sometimes felt pressured to accept a plea agreement rather than go to trial." The Idaho Statesman is reporting that the legislative committee charged with making changes in our state's method of…
  • NY Times Says Idaho Dead Last at Protecting Juvenile Records

    Chuck Peterson
    20 Nov 2014 | 11:27 am
     Associate Attorney William Young is at it again: There is an article today in the New York Times discussing the issue of juvenile offenders and the importance of sealing their records from the public eye. The article examines how many states fail to protect the confidentiality of juvenile records despite data showing that “95 percent of young people enter the juvenile justice system for nonviolent crimes like theft or vandalism — behavior they typically leave behind when they move into adulthood.” The failure of states to protect this information can follow teen…
  • Fight that Ticket!

    Chuck Peterson
    7 Oct 2014 | 1:36 pm
      Peterson Lawyers associate attorney Will Young tells us to "challenge that speeding ticket! Speaking from experience, getting ticketed for speeding is not a fun experience. Seeing red and blue lights in your rearview mirror is not a good feeling. I realize speeding is not even close to the worst thing you can be accused of, it can still impact your life in many ways. Penalties for a speeding infraction include: steep fines, insurance rate hikes, and added points on your driving record. In the past, I have just paid the ticket and tried not to speed in the future. Recently I have…
  • "Can I be convicted of DUI if I blow less than .08?"

    Chuck Peterson
    11 Aug 2014 | 9:49 pm
     This weekend I received an inquiry from someone who had been convicted after the judge instructed the jury it could find him guilty of DUI even if it did not find he had a breath alcohol level above .08%. He complained that by instructing the jury on the alternate theory - that his driving pattern established he was operating a motor vehicle while under the influence of drugs or alcohol - the Court had insured he would lose! Had it? There are two ways to convict a person of DUI - either proof beyond a reasonable doubt that the defendant's blood alcohol concentration was higher than…
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    Northern California Personal Injury Blog

  • Multi-Vehicle Accident on Highway 880

    Kelly Balamuth
    7 Nov 2014 | 8:57 am
    On September 15, 2014, nine people were injured when an SUV lost control and hit the center divider on Highway 880 near San Leandro, according to local NBC news.  A big rig loaded with concrete that was driving nearby could not stop in time when the accident occurred and hit the center divider as well, sending the concrete flying. Over ten cars were involved in the domino effect that followed.  Many of the cars were badly crumpled and some caught on fire.  Three people were critically injured and one had to be air-lifted from the scene. When driving on the freeway, motorists must rely on…
  • Determining Liability in a Bus Accident: Is it the Bus Driver’s Fault?

    Kelly Balamuth
    6 Nov 2014 | 2:54 pm
    A 60-year-old woman was recently killed when she was struck by a tourist bus in San Francisco. The incident took place at a mid-block crosswalk that did not have a traffic signal, according to Being hit by a bus is a fate that most people consider unlikely, but when it does happen, it’s the type of accident that reminds everyone that life can change in a split second.  Bus drivers have a duty to avoid running over people who are in the street legally. However, sometimes, bus accidents can happen through no fault of the driver. For example, an accident may occur because the…
  • California Highway Patrol Posts Rules for Legal Lane Splitting

    Kelly Balamuth
    27 Feb 2013 | 8:00 am
    Have you ever been traveling in your car along a Northern California highway, when a motorcyclist shoots out ahead of you by cutting between you and the car in the adjacent lane? This practice is called lane splitting or white lining. Motorcycles drive between slower moving vehicles in adjacent lanes in order to pass them. The practice tends to startle and terrify car drivers. You may be surprised to learn that this practice is legal in California. Yes, legal. California is the only state in the U.S. where lane splitting is legal. As reported in The Sacramento Bee, California Highway Patrol…
  • BMW Recalls Another 569,000 Vehicles

    Kelly Balamuth
    26 Feb 2013 | 12:41 pm
    On February 16, 2013, BMW announced another recall of 569,000 vehicles in the U.S. An additional 65,000 vehicles are being recalled in Canada. Nearly one year ago in March, 2012, close to 1.3 million 5 and 6-Series BMW vehicles manufactured between 2003 and 2010 were recalled. The cars could have ignition failure due to an incorrectly mounted battery cable cover. There was also a potential fire hazard. Latest Recall Summary Reported by The Associated Press and published by, the latest recall was prompted by a faulty battery connector cable that can fail, causing stalling of the…
  • Need Hip Replacement? Consider the Cost

    Kelly Balamuth
    21 Feb 2013 | 8:04 am
    Today those in need of medical procedures such as hip replacements are becoming wise shoppers in choosing hospitals. They are doing their own research into both quality of medical care and cost of medical procedures. Their research includes information regarding the quality of medical care hospitals have a history of providing. Courtesy of a New York Times report dated February 12, 2013, and published in The Sacramento Bee, more information regarding quality of medical care provided is welcome as is information concerning the high prices for medical procedures such as hip replacements.
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    New Jersey Injury Attorney Blog

  • New Jersey Motorcyclist Killed by Deer

    4 Nov 2014 | 9:15 am
    A 36-year-old Hillsborough man was killed in a New Jersey motorcycle accident when his 2008 BMW R12 collided with a deer. According to a news report, the fatal motorcycle crash occurred near the former Gibraltar Rock Quarry entrance on County Route 601 in Montgomery Township. Officials say he was ejected from his motorcycle after colliding with a deer. He was treated at the scene and admitted in extremely critical condition in New Brunswick. Later that day, he died from his injuries. As the temperature begins to drop, we can expect an increase in the number of deer-related traffic…
  • Workers Injured in New Jersey Factory Explosion

    20 Oct 2014 | 2:09 pm
    Several people were injured at a New Jersey factory when a four-alarm blaze broke out following an explosion. According to a CBS New York news report, the factory accident occurred at Crest Foam Industries on Carol Place in Moonachie. Of the 17 employees in the factory, four were hospitalized with head injuries after the explosion. Officials worried that dangerous toxins may have been released into the air, but tests proved negative. An investigation is underway into the cause of the explosion, but officials know that workers were mixing hydrogen and oxygen to make polyurethane foam at the…
  • Teenager Killed in New Jersey Truck Accident

    13 Oct 2014 | 1:08 pm
    A 19-year-old Bridgewater man was killed in a New Jersey car accident when his 2005 Dodge Ram burst into flames after being struck by a 2015 Mack truck. According to a an Associated Press news report, the fatal truck accident occurred on Route 22 at Cramer Avenue in Green Brook. Officials say the pickup was stopped for a red light when the larger truck plowed into it. The teen's pickup burst into flames, and he was fatally injured. Whenever someone is killed in a New Jersey car accident, it must be determined who was at fault and how the crash could have been prevented. In many cases, the…
  • Grandmother Critically Injured in New Jersey Crash

    15 Sep 2014 | 12:22 pm
    An 85-year-old woman was critically injured in a New Jersey car accident when a delivery van struck her and her grandson as they crossed the street. According to an Asbury Park Press news report, the pedestrian accident occurred on Newman Springs Road in Red Bank. Officials say the woman was walking with her 4-year-old grandson from Burger King to her home when the delivery van struck them. She was transported to Jersey Shore University Medical Center in critical condition and her grandson was treated and released.
  • New Jersey Firm Fined for Workplace Safety Violations

    9 Sep 2014 | 9:07 am
    After observing a number of fall hazards at three construction sites in Bloomfield, the Occupational Safety and Health Administration (OSHA) conducted a full investigation. According to an EHS Today news report, Concrete Systems Inc. now faces $52,470 in fines from the eight citations. OSHA officials cited the firm for one repeat and seven serious violations. The company was previously cited for exposing workers to fall and other hazards at worksites in Kearny and Cranford. OSHA cited the firm because workers were allegedly exposed to a 25-foot fall hazard without adequate protection. The…
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    Simmons & Fletcher » Blog

  • Holding Drunk Drivers Accountable

    4 Nov 2014 | 12:29 pm
    With the prevalence of public service messages about the dangers of driving under the influence of alcohol, you would expect the general public to get the message. Unfortunately, far too many drivers are still willing to gamble their lives, as …The post Holding Drunk Drivers Accountable appeared first on Simmons & Fletcher.
  • Blind Spots and Maintaining a Proper Lookout By Truck Drivers

    Paul Cannon
    20 Oct 2014 | 7:05 pm
    Every driver has a duty to maintain a proper lookout.  This means that driver must exercise ordinary care and prudence to observe the obstructions and traffic on the road that may pose a hazard to them in such time that …The post Blind Spots and Maintaining a Proper Lookout By Truck Drivers appeared first on Simmons & Fletcher.
  • Federal Regulations Regarding Drug Use By Commercial Truck Drivers

    Paul Cannon
    18 Oct 2014 | 6:11 am
    There are very strict rules that prohibit a truck driver from using or even possessing controlled substances while on duty. The Federal Motor Carrier Safety Administration (FMCSA) in conjunction with the Department of Transportation (DOT) promulgate rules via the Code …The post Federal Regulations Regarding Drug Use By Commercial Truck Drivers appeared first on Simmons & Fletcher.
  • Preventing Traumatic Brain Injuries in Youth Football

    Paul Richardson
    8 Sep 2014 | 6:00 am
    Football season is here, and it is undeniable that the residents of Texas love this sport. However, as children and teens get ready for battle on the gridiron, it is important for players and parents to understand the potential dangers …The post Preventing Traumatic Brain Injuries in Youth Football appeared first on Simmons & Fletcher.
  • What is a Hospital Lien?

    Paul Cannon
    5 Sep 2014 | 9:27 pm
    A “Hospital Lien” is a special right granted to hospitals and emergency services providers by Statute enabling them to receive payment from the first monies recovered from a negligent third-party by the injured victim. It is a right that attaches …The post What is a Hospital Lien? appeared first on Simmons & Fletcher.
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    Loyalty Law

  • Symptoms Of Common Work Injuries And Illnesses
    22 Nov 2014 | 9:33 am
    Spotting the early signs of some common work injuries can help you discuss your situation with your employer, change your work habits, or get help more quickly. Here are some...
  • Top Ten Most Common Workplace Accidents
    15 Nov 2014 | 9:48 am
    It’s important to know what you, and your employer, should be looking out for at work. Although responsibility ultimately falls onto your employer in most cases, being aware of these...
  • The Five Most Common Types Of Work Related Illness
    5 Nov 2014 | 3:12 am
    Working anywhere, even in an office, carries with it a number of risks. Sometimes this is an unavoidable factor of the type of work, sometimes the employer could have stepped...
  • How Do Road Traffic Accident Injuries Affect Whiplash?
    24 Oct 2014 | 6:40 am
    There are many pre-existing conditions that can complicate whiplash injuries, and lead to a more difficult recovery. These range from physical conditions, such as arthritis, to mental conditions, such as...
  • What Are The Effects Of Chronic Whiplash?
    17 Oct 2014 | 5:41 am
    Chronic whiplash, also known as whiplash syndrome, is used to refer to whiplash symptoms that last longer than six months. The symptoms and long-term effects associated with chronic whiplash are...
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    Palmer Law Firm

  • Texting and Driving Accident Hospitalizes Toddler

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

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

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

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

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

  • Venture Capital Term Sheet Negotiation — Part 16: Closing Conditions and Expenses

    Alexander J. Davie
    17 Nov 2014 | 10:11 am
    This post is the sixteenth in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior fifteen posts, we provided an introduction to negotiation of the term sheet and discussed binding and non-binding provisions and discussed valuation, cap tables, and the price per share, dividends on preferred stock, liquidation preferences, the conversion rights and features of preferred stock, voting rights and investor protection provisions, anti-dilution provisions, anti-dilution carve-outs and “pay to play”…
  • Venture Capital Term Sheet Negotiation — Part 15: Rights of First Refusal and Co-Sale

    Casey W. Riggs
    9 Nov 2014 | 3:05 pm
    This post is the fifteenth in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior fourteen posts, we provided an introduction to negotiation of the term sheet and discussed binding and non-binding provisions and discussed valuation, cap tables, and the price per share, dividends on preferred stock, liquidation preferences, the conversion rights and features of preferred stock, voting rights and investor protection provisions, anti-dilution provisions, anti-dilution carve-outs and “pay to play”…
  • Venture Capital Term Sheet Negotiation — Part 14: Representations and Warranties

    Alexander J. Davie
    30 Oct 2014 | 2:12 pm
    This post is the fourteenth in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior thirteen posts, we provided an introduction to negotiation of the term sheet and discussed binding and non-binding provisions and discussed valuation, cap tables, and the price per share, dividends on preferred stock, liquidation preferences, the conversion rights and features of preferred stock, voting rights and investor protection provisions, anti-dilution provisions, anti-dilution carve-outs and “pay to play”…
  • Venture Capital Term Sheet Negotiation — Part 13: Drag-Along Rights

    Casey W. Riggs
    19 Aug 2014 | 3:55 pm
    This post is the thirteenth in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior twelve posts, we provided an introduction to negotiation of the term sheet and discussed binding and non-binding provisions, discussed valuation, cap tables, and the price per share, discussed dividends on preferred stock, explained how liquidation preferences work, discussed the conversion rights and features of preferred stock, examined voting rights and investor protection provisions, analyzed anti-dilution provisions,…
  • Venture Capital Term Sheet Negotiation — Part 12: Preemptive Rights

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

  • Man arrested second time for stabbing stranger in Phoenix

    14 Nov 2014 | 3:14 pm
    PHOENIX – 27-year-old Christopher Gale was arrested on Sunday for a second time on suspicion of aggravated assault and attempted first-degree murder. The incident took place at a Phoenix Walgreens store. According to police reports, the crime actually occurred in September 2013 when Gale stabbed a stranger using an eight-inch knife he had bought from a Walmart store just a few hours before the stabbing. He went to a Walgreens store about four miles away from the Walmart store, approached a woman who was shopping and stabbed her in the neck from behind. The woman started screaming and…
  • Coming to Super Bowl XLIX: What are the Arizona DUI Laws?

    10 Sep 2014 | 11:38 am
      Every year, cities and sports venues from all around America submit bids to host a Super Bowl. University of Phoenix Stadium in Glendale, Arizona was privileged to be awarded the right to host Super Bowl XLIX (49) to be played on February 1, 2015. The good news was delivered on October 11, 2011 and represents the second time this venue has been selected. If you plan on coming to the Phoenix area for the Super Bowl, we’ve put together a few places you might want to visit while you’re here on your trip. We also put together an outline of the Arizona DUI Laws which are good…
  • 58-year-old Phoenix man arrested for 1989 sexual assault, murder

    4 Aug 2014 | 10:28 am
    PHOENIX – 58-year-old Cudellious Love, of Phoenix, was arrested on Friday by the Phoenix police officers after they found DNA evidence that linked him to an unsolved murder and sexual assault from 1989. A report released by the Phoenix Police Department’s crime lab in January indicated a DNA match between a sample taken from the scene and a DNA profile in the state database. According to the court records released Monday, the DNA belonged to a 58-year-old man named Cudellious Love who was in prison for more than three years for a drug conviction. The DNA evidence linked Love to an…
  • Fourth of July 2014 DUI Patrols

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

    15 Jun 2014 | 11:03 pm
    Denial of right to counsel is an important defense for DUI cases. When being arrested, you always have a right to legal counsel, but it is particularly vital in the case of a DUI arrest. If you are prohibited from talking to an attorney which prevents you from obtaining his advice, your body will naturally eliminate the evidence of blood alcohol content that can be used for or against you. The police may tell you that your blood alcohol content is above the legal limit, but it may not be; in the meantime, your body is burning off the alcohol, making the determination more difficult. David…
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    Oklahoma Personal Injury Blog

  • Know Your Rights as a Nursing Home Resident

    Maples Law Firm
    17 Nov 2014 | 4:21 pm
    Certified nursing homes in Oklahoma City and throughout the state are required to respect their residents’ rights and protections under federal and state law. Unfortunately, this is not always the case. Too many instances of nursing home abuse and negligence have been reported in recent years. In fact, the Sooner State has been deemed one of the worst in the country when it comes to the quality of our assisted care facilities. This is a drastic issue that needs to be addressed by legislators in prompt fashion. Until the state of our nursing homes vastly improves, it is primarily up to…
  • OKC Student in Critical Condition after Campus Collision

    Maples Law Firm
    10 Nov 2014 | 12:28 pm
    According to a report by, on the morning of November 7, an Oklahoma State University student was hit by a pickup truck while riding his bicycle on campus. Later in the afternoon, he was reported to be in critical condition. Authorities stated that the accident occurred around 9:30 a.m. at the intersection of Washington Street and Hall of Fame Avenue. Reportedly, the driver of the pickup, a fellow student, was turning left onto Hall of Fame Ave. eastbound when the bicyclist came from the north and collided into the right front corner of the pickup. The bicyclist was allegedly…
  • Hydrogen Sulfide: The Invisible Killer in Oilfields

    Maples Law Firm
    27 Oct 2014 | 12:57 pm
    Hydrogen sulfide (H2S) is a highly toxic gas – both invisible and flammable – that naturally occurs at crude petroleum and natural gas fields. The dangerous effects of HS2 poisoning can be felt within as little as a single breath, according to the Occupational Safety and Health Administration (OSHA). The sense of smell is not the most dependable barometer when it comes to detecting hydrogen sulfide. Although at low concentrations hydrogen sulfide is detectable by its rotten egg-like odor, the toxic gas dulls the sense of smell at higher concentrations, making it subtle yet deadly – a…
  • One Woman Killed in Edmond Intersection Accident

    Maples Law Firm
    13 Oct 2014 | 12:57 pm
    According to a report in, on the afternoon of October 6, there was a fatal two-vehicle collision involving a red Corvette and a dark SUV on Danforth Road and Kelly Avenue in Edmond. The passengers of the red Corvette, a husband and wife in their mid-50’s, were transported to OU Presbyterian Hospital. The wife later died as a result of her injuries. At the time of the report, the husband was in serious condition with a head injury. The driver of the dark SUV was treated at a separate Edmond hospital. None of his injuries were life-threatening. Allegedly, the Corvette and the SUV…
  • Oklahoma Court Upholds Family’s Right to Pursue a Wrongful Death Claim on Behalf of Nursing Home Resident

    Maples Law Firm
    6 Oct 2014 | 8:14 am
    The Supreme Court of Oklahoma recently found that a nursing home arbitration agreement is not binding to beneficiaries or next of kin in the event of a wrongful death claim. The opinion arose from a case involving clients of the Maples Law Firm, a family seeking compensation following the death of a loved one at an Oklahoma City nursing home. According to court documents, in 2010, a then 87-year-old woman was admitted to the Grace Living Center. As part of admission, the woman’s daughter, acting as her representative, signed a Dispute Resolution Provision stating that any legal matters…
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    » Blog

  • Receiving Compensation for the Death of a Loved One

    Jay Solnick
    24 Nov 2014 | 3:45 pm
    Dealing with the aftermath of a traumatic event that causes severe or catastrophic injury to someone we care about is unimaginable to most of us. An accident or injury that results in death may leave survivors depressed, confused, and placed in financial jeopardy. Part of the basis of the civil law system is to allocate fault so the people who are responsible for causing bad things are held accountable for their actions. In a wrongful death case, the surviving family is often simply looking for answers. In some cases, families may file suit to prevent this type of harm from happening to…
  • Pennsylvania Drunk Driving Law

    Jay Solnick
    21 Nov 2014 | 12:59 pm
    The Pennsylvania Senate recently unanimously voted in favor of drunk driving legislation that will affect some first-time offenders. This legislation is the first that has amended Pennsylvania’s drunk driving laws in a decade. It is expected this legislation will also pass in the House, although it should be noted that this has not yet officially been signed into Pennsylvania law. If passed, this law would provide opportunities for qualified first time driving under the influence offenders to utilize interlock devices so they can continue using their vehicle without endangering others.
  • Social Security and Workers’ Compensation: Eligibility for Both?

    Jay Solnick
    14 Nov 2014 | 3:52 pm
    Workers’ compensation. Social Security disability. Supplemental Security Income. Some or all of these forms of payment may come into play if you become disabled, are injured at work, or if you can no longer work in the same capacity you once did before your injury. It can be very confusing navigating the Social Security system, especially since you have suffered an injury and need to get paperwork moving so you do not face significant financial hardship waiting for your benefits to kick in.  Workers’ Compensation Versus Social Security Disability Note that workers’ compensation…
  • Auto Accident Litigation: There is No Such Thing as a “Minor” Accident

    Jay Solnick
    12 Nov 2014 | 12:48 pm
    A fender bender. Bumps and bruises. “I’m okay.” These are a few of the things people to say when they were involved in “minor” accidents. Just recently, Pennsylvania’s own State Attorney General Kathleen Kane was involved in what would be considered by most a minor car accident. A backseat passenger, Attorney General Kane hit her head on the front headrest when the car hit another in a 15 mph zone. She suffered a concussion. What To Do When You Are Involved in Any Car Accident In Attorney General Kane’s case, it turns out this accident was thankfully not as serious as it could…
  • Trucking Accidents in Pennsylvania

    Jay Solnick
    7 Nov 2014 | 11:18 am
    As fall fades to winter, we have more than a few new things to worry about. Pennsylvania will be faced with a harsh winter soon enough, and now is as good of a time as ever to brush up on driving safety. Even though more accidents occur during the day, also consider that it gets darker earlier in winter, making your commute home all the more dangerous. Drivers may forget to turn their lights on, or they may have blinding lights that make it difficult to see in your mirrors. Speed, size, and weight are other factors to consider while driving in dark or adverse conditions. One situation we…
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    Baron & Budd, P.C. | Protecting What's Right

  • NCCN Guidelines for Patients®: Malignant Pleural Mesothelioma, Presented with Support from Mesothelioma Law Firm Baron and Budd, Now Available on

    Baron &#38; Budd
    25 Nov 2014 | 8:54 am
    Patient-Friendly Cancer Treatment Guidelines Also Available on Website Covering Several Other Forms of Cancer November 21, 2014 DALLAS — The National Comprehensive Cancer Network® (NCCN®),  a not-for-profit alliance of 25 of the world’s leading cancer centers devoted to patient care, recently announced that printed versions of the NCCN Guidelines for Patients® are now available through, the mesothelioma law firm of Baron and Budd reports. These patient-friendly resources, translations of the NCCN Clinical Practice Guidelines in Oncology…
  • Pharmaceutical and Environmental Law Firm Baron and Budd Now Accepting Power Morcellator Lawsuits

    Baron &#38; Budd
    21 Nov 2014 | 2:45 pm
    Medical Devices Linked to Increased Risk of Cancer in Women Undergoing Hysterectomies and Other Gynecological Surgeries DALLAS November 21, 2014 – The national pharmaceutical law firm of Baron and Budd is now accepting cases on behalf of women who underwent hysterectomies and other gynecological surgeries and were harmed by the use of a power morcellator during their procedure. The device – which, according to a report in The Wall Street Journal, is used in between 55,000 and 75,000 hysterectomies in the U.S. per year – has been linked to an increased risk of cancer.
  • U.S. Labor Department Recovers More than $1.6 Million for Gulf Coast Workers, Baron and Budd Reports

    Baron &#38; Budd
    14 Nov 2014 | 7:31 am
    Violation of Fair Labor Standards Act Results in Substantial Payments to People Throughout Louisiana, Mississippi and Alabama DALLAS (Nov. 14, 2014) – The U.S. Department of Labor recently found that a recruiting and staffing agency was in violation of the Fair Labor Standards Act (FLSA). As a result, the agency agreed to pay 1,543 current and former employees a total of more than $1.6 million in back wages, the national law firm of Baron and Budd reports. The department’s investigation found that B & D Contracting Inc. denied overtime compensation through improper recordkeeping…
  • Baron and Budd Investigating Potential Xarelto Lawsuits

    Baron &#38; Budd
    3 Nov 2014 | 6:13 pm
    Blood-Thinner Allegedly Associated With Strokes, Blood Clots, Hemorrhaging (Internal Bleeding) and Other Potentially Deadly Health Problems DALLAS (November 3, 2014) – The attorneys at the national law firm of Baron and Budd have been investigating potential lawsuits involving the blood thinner Xarelto, a prescription drug distributed in the United States by Johnson & Johnson subsidiary Janssen Pharmaceuticals. Several patients have reported serious health problems after using the drug, including blood clots, strokes, kidney and liver damage, and severe internal bleeding – a sometimes…
  • Baron and Budd Files First Lawsuits Regarding Takata Air Bag Recall

    Baron &#38; Budd
    28 Oct 2014 | 8:16 am
    Firm Pushes For Expedited Discovery, Questions If Recall Is Sufficient To Protect Public Safety LOS ANGELES–(October 27, 2014) –Today, the law firm of Baron and Budd, together with co-counsel Labaton Sucharow LLP and Podhurst Orseck P.A., filed the nation’s first lawsuits regarding the recent recall of Takata-brand air bags that were placed in nearly eight million vehicles. According to numerous consumer reports, the air bags, when deployed, can propel metal pieces similar to shrapnel, causing serious, and sometimes even fatal, injuries to drivers and passengers. The…
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    Protecting What's Right

  • Holiday Shoppers Beware: Forced Arbitration May Be Part of the Package

    Baron &#38; Budd
    28 Nov 2014 | 6:05 pm
    The premise of Thanksgiving weekend shopping is simple: SAVE. Paired with the increasingly popular “Cyber Monday” that follows, this weekend sees a whole lot of sales. But be careful what you wish for — and buy. Because, while taking advantage of the big deals has its advantages, there are some serious disadvantages that you need to be aware of. Yep. We’re going there again. Forced arbitration. Here’s why: Big, well-known retailers like Verizon, Neiman Marcus and Amazon often include a “little white line”- or two. These “little white lines”…
  • This Thanksgiving We Are Grateful For You

    Baron &#38; Budd
    26 Nov 2014 | 9:29 am
    Seems like we’ve been hearing a lot of bad news lately, both in the actual news media and on our Facebook pages, Twitter feeds and the endless blogs we come across and share with friends. Enough!— We’re bound to say after a long week with too many harsh realities and even harsher opinions online. Because of all the harsh, we try to keep things hopeful on our page. We try to focus on the things you can do as a citizen, patient or consumer to better our world and we try to put our anger, fears and frustrations into actionable steps. We focus on seeking justice by holding negligent…
  • The Uglier Side of Fluoroquinolone Toxicity…and How I Am Turning It Around

    Rachel Brummert
    24 Nov 2014 | 12:14 pm
    Rachel Brummert is Executive Director and President of Quinolone Vigilance Foundation. Ms Brummert has been directly affected by the drug Levaquin and continues to fight for other victims.In 2006 I sat on the exam table at my primary care physician’s office, feeling utterly miserable. My face felt like it was filled with concrete, I was congested, and my throat felt thick. I left the office feeling hopeful because I’d be feeling better in a few days. With a prescription for Levaquin in hand, I went about the rest of my day by having it filled at the pharmacy, and came home to…
  • Going Home to See The Fam? Watch Out for Those Big Trucks

    Baron &#38; Budd
    21 Nov 2014 | 1:15 am
    There’s a big day coming up and it’s one day earlier than you’re thinking: Wednesday, November 26. It’s the day motorists around the country pack up the family and the pecan pie and head out to join friends and family for the Thanksgiving holiday. But believe it or not, Wednesday, November 26 is also a particularly dangerous day for motorists. You can thank the usual suspects: Careless drivers, construction, inclement weather and even the decrease in daylight we “suffer” each November. But there’s another reason for the danger: those big trucks. In…
  • It’s the Great American Smokeout: Exposed to Asbestos and Still Smoke? Learn the Risks

    Baron &#38; Budd
    20 Nov 2014 | 9:02 am
    Happy Great American Smokeout Day, folks. You know what that means? We’re encouraging you to be quitters and QUIT for good this year. That’s right: We’re encouraging you to give quitting your best shot — no matter how many times you’ve already tried and no matter how many “Reasons why this is not a good time.” Here at Baron and Budd we SUPPORT you QUITTING this year. Because now really is the time. Now, we know YOU know the serious risks that come with smoking, including: #1 Lung cancer is the #1 cause of cancer death. #2 Tobacco is the largest…
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    Hardwick & Pendergast - Seattle Personal Injury and Car Accident Attorneys

  • Drunk Driver Causes Head-On Collision

    Hardwick &#38; Pendergast, P.S.
    17 Nov 2014 | 11:42 am
    A woman was injured in a Tacoma car accident when the 2004 Honda Accord in which she was riding was struck head-on by a 2011 Toyota RAV4 that was going in the wrong direction. According to a KOMO News report, the wrong way accident occurred on the Interstate 5 in Tacoma. Officials say the 86-year-old driver of the Toyota was under the influence of alcohol when he crashed into a 2008 Dodge Caravan and the Honda Accord. The Tulalip woman in the Accord suffered non-life-threatening injuries. The 86-year-old driver was arrested and booked for DUI and vehicular assault. Under Washington Statute…
  • Pedestrian Struck by Van in Bremerton

    Hardwick &#38; Pendergast, P.S.
    10 Nov 2014 | 1:18 pm
    An elderly man is in critical condition after being struck by a car in front of a 7-Eleven store. According to a Kitsap Sun news report, the pedestrian accident occurred on Wheaton Way in Bremerton. Officials say the man was crossing the roadway when a large van struck him. He was thrown onto the hood before rolling off onto the roadway. The driver remained at the scene and called 911. The pedestrian has been listed in critical condition. Under Washington State Statute 46.61.235, vehicles must stop at intersections for pedestrians who are within a marked or unmarked crosswalk. Furthermore,…
  • 10 Injured in Seattle Crash

    Hardwick &#38; Pendergast, P.S.
    3 Nov 2014 | 11:51 am
    A white pickup truck barreled down Rainier Avenue South in Seattle striking 15 vehicles and injuring 10 people. According to a King 5 news report, the car accidents occurred along three blocks of Rainier Avenue South between South Henderson Street and Seward Avenue Park South in Seattle Halloween night. Officials say nine of the 15 cars struck by the white pickup were occupied including a truck that contained five people. The driver of that truck was critically injured and two child occupants sustained serious injuries. The driver of a red vehicle was also critically injured and another…
  • Pedestrian Critically Injured in Northgate Car Accident

    Hardwick &#38; Pendergast, P.S.
    27 Oct 2014 | 12:23 pm
    A 42-year-old woman was critically injured in a Seattle car accident that remains under investigation. According to a report in the Seattle Press Intelligencer, the pedestrian accident occurred near Northeast 108th Street and Roosevelt Way Northeast in Northgate. Officials say the female pedestrian sustained life-threatening head injuries in the collision. The driver of the vehicle was not injured and remained at the crash site. Whenever someone is seriously injured in a Seattle pedestrian accident, it is important for officials to conduct a detailed investigation. If the driver violated any…
  • Bike Lane Accidents Results in Additional Changes

    Hardwick &#38; Pendergast, P.S.
    13 Oct 2014 | 11:51 am
    Now that the new Second Avenue bike lane is being used, Seattle officials are reviewing incidents that occur there to make it safer. One of the adjustments made to the newly designed roadway was the removal of some on-street parking to improve sight lines. Now that a couple of accidents have occurred at the same portion of the road, more changes are on the way. Two bike accidents occurred in the first week of October 2014 on Second Avenue near Union Street. According to a news report in The Seattle Times, one accident occurred when a car turned left in front of a cyclist and the other…
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    Farah and Farah Legal Blog

  • Takata Airbags And What You Should Know

    Farah & Farah
    18 Nov 2014 | 11:31 am
    In yet another boondoggle for consumers, Honda, GM, BMW and other automakers have begun recalling nearly eight million cars because of potentially defective airbags installed between 2002 and 2008 by safety parts manufacturer, Takata. If stored in climates with relatively high humidity, the airbags have the potential to explode with significantly more force in an accident and cause metal within the device to fly out like grenade shrapnel. The faulty bags line the dashboards, steering wheels and door interiors of suspected vehicles – making it a veritable kill-box should there be an…
  • Outdoor Meth Lab Busted

    Farah & Farah
    17 Nov 2014 | 4:24 pm
    A potential methamphetamine cook site was rounded up Saturday afternoon just outside of Palatka. Arresting officers responded to a complaint of loud voices and arguing in a wooded area near a neighborhood residence. On the scene, Officer A.J. Flateau of Palatka Police Department encountered a man in a makeshift -campground. Along with a variety of pill holders, freshly cut wood and an active fire, police uncovered a laundry list of ingredients used in the creation of homemade methamphetamine. Evidence included drain cleaner, batteries, a pill grinder, Pseudoephedrine pills, a digital scale…
  • Real Scares for Horror Cruisers

    Farah & Farah
    4 Nov 2014 | 9:29 am
    In a harrowing turn of events on Friday night, a Celebration Cruise Liner entitled the – Halloween Horror Cruise – struck an unknown object in the waters off the Coast of Grand Bahamas Island, leaving the craft dead in the water. Immediately following the collision, the ship quickly lost power, leaving passengers in a pitch black and slowly titling vessel. Many witnesses assumed it was all part of the act, but quickly discovered that the darkened hallways and repeated evacuation warnings were no trick. Worry quickly turned to panic as many passengers looked to the Celebration crew for…
  • Three Men Arrested Following Beating in Daytona Beach

    Farah & Farah
    13 Oct 2014 | 5:14 pm
    A former Flagler County deputy and two other men were arrested for the beating and robbery of a Nebraska man over the weekend. WKMG-6 reports the victim was assaulted outside of Lollipops Gentlemen’s Club in Daytona Beach late Saturday night. The three men, all bouncers at the club, were caught on surveillance punching, kicking and robbing the individual after he had been knocked to the ground. Charges against the three range from aggravated battery to robbery, with the victim insisting he will press charges. Witnesses to the incident including the manager, indicate however, that the…
  • Jacksonville Man Dies in Truck Accident

    Farah & Farah
    7 Oct 2014 | 8:31 am
    A Jacksonville area tow truck driver is dead and another trailer truck driver is in custody after a fatal crash on Interstate 10, between U.S. 301 Cecil Commence Center Parkway. Reports from WJXT News 4 indicate the wreck occurred shortly before midnight near Otis Road, just west of the Parkway. Florida Highway Patrol suggests that the semi-truck being driven east collided with the rear of the tow truck heading in the same direction. Upon collision the tractor-trailer driver lost control, crossed the median into the westbound lane before crashing into the tree line. The tow truck, driven by a…
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    Pennsylvania Family Law Blog - The Law Offices of Sheryl R. Rentz

  • How to Navigate a High Asset Divorce involving Children

    Sheryl Rentz
    11 Nov 2014 | 8:06 am
    Every divorce case is as unique as the individual people involved, and if there are young children to consider, the complications can become even more overwhelming. In the event that both parties share significant assets, the stakes become that much more difficult to navigate. If you are considering filing for divorce or have been served divorce papers, the first step should be to contact an experienced and qualified attorney to represent your interests. Your lawyer will work on your behalf to protect your interests as well as those of your children. When high-assets are involved, you deserve…
  • Are there Legal Options for Preventing a Divorce?

    Sheryl Rentz
    3 Nov 2014 | 5:02 am
    One of the most commonly cited reasons for divorce in the United States involve financial issues. And it’s not surprising. The topic of money can create tension between even the most agreeable couples. But in a day and age where divorce seems to be unavoidable, are there any options for steering clear of the financial pitfalls that break up so many committed relationships? Whether you are about to walk down the aisle or have been married for decades, here are a few legal options for preventing arguments about money from becoming threats of divorce. Prenuptial agreements – It may seem…
  • Money Can’t Buy Love or a Lasting Marriage

    Sheryl Rentz
    20 Oct 2014 | 2:27 pm
    When it comes to weddings, the popular opinion (at least as far as the wedding industry is concerned) is that bigger is better. A lavish ceremony, an oversized diamond ring, and an elaborate after party are all touted as the ideal beginning to happily ever after. However, according to a study by Emory University in Atlanta, the more money a couple pours into tying the knot, the higher the probability the couple will soon follow their “I do’s” with divorce. The study examined data contributed by more than 3,000 people throughout the U.S. who have been married and found the following…
  • Three Ways to Survive Your Divorce with Integrity

    Sheryl Rentz
    7 Oct 2014 | 8:34 am
    When it’s time to end a marriage, most people find themselves in a state of emotional turmoil. It’s important to honor your feelings during this time and to seek help from a doctor or therapist if necessary. But it is also important to keep your head and to be willing to focus on “business” matters – especially if yours is a high-asset divorce. Experienced Pennsylvania divorce attorneys recommend these three steps to helping you navigate the divorce process with integrity and give yourself the objectivity you need to ensure your needs and those of your children are met: Set…
  • Wife of Billionaire Asks to Void Prenup

    Sheryl Rentz
    22 Sep 2014 | 1:39 pm
    All divorces have the potential to become messy and stressful. This is especially true in a high-profile divorce cases involving millions and even billions of dollars. In one such divorce case, the wife of a multibillionaire hedge fund manager is asking a judge to dismiss her prenuptial agreement. If successful, she could have much greater access to her husband’s $5 billion-plus fortune instead of the one percent she is eligible for through the prenuptial agreement. If the prenuptial agreement stands, she will receive an estimated $50 million. This could result in the largest divorce…
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    About Florida Lawyers & Attorneys

  • Lawyer sets up 1.2M Christmas lights to break world record – New York Daily News

    Lawyer - Google News
    28 Nov 2014 | 3:20 am
    New York Daily News Lawyer sets up 1.2M Christmas lights to break world recordNew York Daily NewsA Christmas-crazy lawyer has bagged a world record for setting up the largest ever festive LED light image display. Dad-of-three David Richards strung up almost 1.2 million tiny bulbs in the shape of three gifts in the downtown Canberra CBD mall …Lawyer's 1.2m Christmas lights set recordIrish Examiner1.2 million Australian Christmas lights set recordJack County Heraldall 123 news articles »
  • French trial for Tel Aviv hit-and-run suspended after lawyer attacked – FRANCE 24

    Lawyer - Google News
    27 Nov 2014 | 11:52 pm
    FRANCE 24 French trial for Tel Aviv hit-and-run suspended after lawyer attackedFRANCE 24The trial of two French nationals who fatally struck an Israeli woman while driving in Tel Aviv in 2011 and then fled to France to avoid prosecution was suspended Thursday after one of their lawyers was attacked during a break in proceedings. The …Zeitouni trial delayed after assault on defense lawyerJewish Telegraphic AgencyFrench court delays hit-and-run trial after lawyer attackedJerusalem PostLawyer Punched Stopping Lethal Hit-And-Run TrialArutz ShevaThe Times of Israel -The Local.frall 47…
  • Area bankruptcy lawyer gets 3-year license suspension –

    Lawyer - Google News
    27 Nov 2014 | 9:04 pm
    Area bankruptcy lawyer gets 3-year license suspensionGoErie.comAn area lawyer under investigation in U.S. Bankruptcy Court, where a judge called him a"sociopath," has been suspended for three years over the improper handling of clients' money. Jason J. Mazzei, who is based in Pittsburgh but had offices in Erie and …
  • Ferguson Cop Darren Wilson Will Never Police Again, His Lawyer Says –

    Lawyer - Google News
    27 Nov 2014 | 5:24 pm
    Business Insider Ferguson Cop Darren Wilson Will Never Police Again, His Lawyer SaysNBCNews.comDarren Wilson, the Ferguson, Missouri, police officer who killed unarmed teen Michael Brown in August, setting off months of protests, will likely never be a law enforcement officer again, his lawyer said in an interview with NBC station KSDK …Michael Brown's Family Lawyer Accused The Ferguson Prosecutor Of Being Too …Business InsiderLawyer for Michael Brown's Family Calls Verdict Unfair and Process BrokenThe RootBrown Family's Lawyer Criticizes ProcessNew York TimesABC…
  • Lawyer: Iowa murder suspect’s child has cancer – Washington Times

    Lawyer - Google News
    27 Nov 2014 | 2:57 pm
    Lawyer: Iowa murder suspect's child has cancerWashington TimesDefense lawyers and experts contend she likely had a seizure brought on by withdrawal from her acknowledged prior abuse of prescription painkillers. Sedatives were found in her system, but not in a lethal amount. Prosecutors say her prior use of the …and more »
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    MacGregor & Collins, LLP Law Blog

  • How Theft Penalties Were Changed By Proposition 47

    Randy Collins
    23 Nov 2014 | 3:16 pm
    California law defines theft as the stealing or unauthorized taking of money, property, or labor. The basic crime is divided into two categories:  grand theft and petty theft. Receiving stolen property is a related crime. Petty theft is a misdemeanor that is punishable by a maximum jail sentence of 6 months. Grand theft is generally classified as a “wobbler.” A prosecutor has discretion to charge a wobbler as either a felony or a misdemeanor. If charged as a misdemeanor, grand theft carries a maximum sentence of about 1 year. If charged as a felony, the maximum sentence is 3 years.
  • Alleged Laguna Niguel Attacker Arrested for Assault on Real Estate Agent Faces Charges

    Randy Collins
    2 Nov 2014 | 9:22 am
    Last month, a 55-year-old female real estate agent was attacked as she closed up a Laguna Niguel home. In light of the recent slaying of an Arkansas agent, this incident has real estate agents across the state rethinking their safety. The attack on took place just before 1 P.M. in the 24000 block of Paseo Del Campo as the agent was securing the lock box of a home that she had listed. The attacker came from behind, put her in a choke hold and punched her in the face, only fleeing the scene after she managed to scream. A neighbor tried to restrain the assailant after hearing the commotion, but…
  • Timothy Lance Lai Finally Arrested in Corona Del Mar Cheating Scandal

    Randy Collins
    16 Oct 2014 | 10:35 am
    Timothy Lance Lai, 29, the tutor that has been at the center of a cheating scandal that rocked Corona Del Mar High School in Orange County since last summer was finally arrested as he was trying to re-enter the country at LAX.  Officers arrested Lai on October 6 and charged him with four felony counts of computer access and fraud and one count of second-degree commercial burglary. The Background Story of Cheating at a Top-performing Orange County High School A student told officers that Lai entered a classroom to install a keylogger device on a teacher’s computer in April 2012 after the…
  • Charlie Sheen Sued and May Face Sexual Battery Charges

    Randy Collins
    11 Oct 2014 | 9:26 am
    Charlie Sheen has a “bad boy” image that leaves him vulnerable to accusations of misconduct. The star of Anger Management is being sued by a dental technician who claims that he punched her and grabbed her bra. Sheen maintains that the allegations are false. The case illustrates the risk that celebrities will be unfairly targeted in litigation that is designed to extort settlements. The Accusation Sheen was given nitrous oxide in a dentist’s office while undergoing treatment for an abscess in his mouth. The dental technician who was assisting him told police that Sheen ripped off his…
  • Man in Anaheim is Arrested for Allegedly Robbing Girlfriend’s Elderly Grandmother

    Randy Collins
    17 Sep 2014 | 10:55 am
    An Anaheim man was recently arrested and accused of robbing his girlfriends’ 82-year-old mother in her home. According to the police statement, the accused took “several jewelry items and coins” in addition to ransacking the home. While robbery is not a new notion, the thought that someone would A) rob their girlfriends mother, and B) rob an elderly person is not so taboo anymore. These crimes are occurring at increasing rates, which should be alarming to the public. However, just because someone is accused and arrested does not always mean that they are guilty, or that they will be…
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    PA Law Blogs

  • The Benefits of an Attorney in Vaccine Court

    PA Law Blogs
    21 Nov 2014 | 6:49 am
    Representation by a vaccine injury lawyer is not required for a person to file a claim in vaccine court, but hiring an attorney to assist with filing a vaccine injury claim can be beneficial. Qualified vaccine attorneys have experience with the federal vaccine court and understand the rules and requirements of the Vaccine Injury Compensation Program (VICP). Experienced vaccine injury lawyers also know how to navigate the complex claim process, and they can ensure a claim is filed before the deadline offered with the vaccine injury table. Attorney’s fees and other legal costs relating to the…
  • Hip Recipients May Still be Eligible for Stryker Hip Lawsuit

    PA Law Blogs
    20 Nov 2014 | 12:04 pm
    A Stryker hip replacement lawsuit settlement involving the recalled Rejuvenate and ABG II metal-on-metal-hips was reached on November 3, 2014. The settlement will provide a base award of $300,000 per failed hip implant for claimants who filed a Stryker hip lawsuit.  Stryker recipients who are not entitled to payment under the settlement may still be eligible for compensation. Patients who underwent Stryker hip implant revision surgery after November 2, 2014 will need to file a Stryker hip lawsuit to seek compensation. Pennsylvania personal injury attorney Thomas Anapol, who was instrumental…
  • Airbag Defect Lawyers file Takata Recall Lawsuit

    PA Law Blogs
    14 Nov 2014 | 7:23 am
    In October 2014, airbag recall lawyers filed a class action lawsuit against Honda and Takata Corporation for failing to warn vehicle owners about defective airbags that could rupture during a crash and shoot shrapnel at drivers and passengers. The complaint alleges that Takata concealed its knowledge of the airbag defects from federal regulators and ordered technicians to destroy key evidence, LA Times reported. The suit also alleges that Honda knew about the faulty airbags as early as 2001, but failed to take action until the 2014 Takata airbag recall. The National Highway Traffic Safety…
  • Compensation for Birth Injuries

    PA Law Blogs
    12 Nov 2014 | 9:46 am
    Newborns experience birth injuries such as Erb’s Palsy when excessive force is used during delivery causing damage to the nerves coming off the spine. This may result in a loss of movement in the afflicted arm and hand. Babies suffering form Erb’s Palsy may have hold the affected arm bent at the elbow and close to the body and experience limited reflexes and lack of movement in the effected arm. Sometimes birth injuries heal over time, but this is not always the case. A lifetime of surgeries and physical therapy may be required for some Erb’s palsy patients. Children with birth injuries…
  • Best Law Firms Names Anapol Schwartz Top Mass Tort Firm

    Anapol Schwartz
    11 Nov 2014 | 6:29 am
    The 2015 edition of Best Law Firms named Anapol Schwartz among the top mass tort law firms in Philadelphia and in the U.S. The joint publication released by U.S. News & World Report and Best Lawyers gave the firm a Tier 1 ranking, the highest ranking, in Mass Tort Litigation and Class Actions. Best Law Firms also recognized Anapol Schwartz as one of the best plaintiff’s personal injury law firms in Philadelphia. To be considered for this honor, Best Law Firms requires that at least one member of the firm be recognized by Best Lawyers. Three Anapol Schwartz partners were recognized in…
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    IMC Law Group

  • Debt Collection Post Bankruptcy

    14 Nov 2014 | 3:13 pm
    DEBT COLLECTION POST BANKRUPTCY DISCHARGE AND YOUR CREDIT REPORT This week, I read a great New York Times article entitled “Debts Canceled by Bankruptcy Still Mar Consumer Credit Scores.”  The article discusses illegal debt collection, something that I come across regularly in in my practice. In short, after a bankruptcy discharge from a personal Chapter 7 Bankruptcy or Chapter 13 Bankruptcy, no debt collector can demand payment from you for debts. The bankruptcy discharge…
  • How To Avoid Bank Levies

    15 Sep 2014 | 8:42 am
    by: Jonathan Goldsmith Cohen Be sure to visit our Google Plus Page. When You Are At Risk of a Bank Levy In order to be at risk for a bank levy on a consumer debt, a Judgment must be entered against you. A Judgment is entered against you after the conclusion of a lawsuit on the debt brought in Superior Court in New Jersey. Due Process does still exist, so you must be sued on the debt, receive proper notice of the suit, have time to respond, and of course, have your day in court. Remember, the bottom line is, is this your debt? Did you already pay it off? Can you afford to pay it off? If you…
  • Stop a Wage Garnishment

    15 Sep 2014 | 8:29 am
    by: Jonathan Goldsmith Cohen Be sure to visit our Google Plus Page. Statistics on Wage Garnishments and How to Stop a Wage Garnishment This morning, Marketplace on National Public Radio ran a piece on wage garnishments for debts where a judgment has been entered. A link to the report is below. 1 in 10 working individuals between the ages of 35-44 are having their wages garnished. Many of my clients have had more than one wage garnishment before seeking my assistance. Wage garnishments do not just magically happen. First, you have to be sued by a creditor on an unpaid debt in Superior Court.
  • Wells Fargo

    27 Aug 2014 | 2:26 pm
    by: Jonathan Goldsmith Cohen Be sure to visit our Google Plus Page. If Wells Fargo is Your Bank, Move Your Accounts Before Filing for Bankruptcy If you are contemplating filing for bankruptcy, are filing for bankruptcy, or simply want to preserve your rights as a consumer, move all of your accounts from Wells Fargo to another bank. When a bankruptcy is filed, Wells Fargo will place a hold on all of your bank accounts whether or not you owe Wells Fargo money on a credit card or have a Wells Fargo home mortgage. Every night, Wells Fargo runs a computer program that compares all newly filed…
  • Modify Your Countrywide Home Mortgage

    27 Aug 2014 | 2:24 pm
    by: Jonathan Goldsmith Cohen Be sure to visit our Google Plus Page. I was the victim of a Countrywide loan. I got a bad mortgage. I was caught up with Countrywide. I hear these statements and similar sentiments every day in the office. As of August 22, 2014, an historical settlement was entered into between Bank of America and the federal government. This settlement provides $7,000,000,000 in relief. Yes, you heard that correctly, 7 Billion Dollars!! to homeowners who had mortgages at anytime with Countrywide. The relief will come in the form of long term mortgage modifications with…
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    Atlanta Employment & Injury Lawyer Blog

  • Breaking news on Immigration - President Obama will announce Executive Action tomorrow

    19 Nov 2014 | 12:24 pm
    Breaking News -- President Obama will announce his plan for Executive Action on Immigration in a televised message tomorrow night at 8:00 PM. Tune in tomorrow, November 20th, to see what he has planned. We at Betts & Associates are ready to represent you in your immigration case. Just call our office in Atlanta at (404) 577-8888 or our office in Rome, GA at (706) 235-7575 to schedule an appointment. Our immigration attorney is also available to do home visits for appointments in Floyd, Bartow, Gordon, Polk, Fulton, Clayton, Cobb, Gwinnett, and DeKalb counties. Call us today! Noticias Urgentes…
  • Did you pre-pay your car rental reservation but still had to pay extra fees and taxes at the counter?

    3 Dec 2013 | 12:03 pm
    If you have used an online travel reservation service to book a car rental (e.g. Priceline, Orbitz), pre-paid the reservation, and were charged extra fees and taxes, even though you didn't agree to extra services, you may have a claim for breach of contract. Many times an online service company will include fees and taxes as part of the reservation price. If these fees and taxes are actually charged to your credit card (versus just an estimate), the terms and conditions of the particular travel reservation service will govern whether you need to pay any fees and taxes at the reservation…
  • Fue lesionado en el trabajo? Entonces es posible que aplique la Ley de Compensacion de Trabajadores Lesionados...

    20 Nov 2013 | 10:30 am
    1. A quien le aplica la Ley de Compensacion de Trabajadores Lesionados? • Todos empleados, incluyendo personas indocumentadas, que son lesionados en el trabajo o mientras que esté cumpliendo un requisito de su empleador (incluyendo manejando su vehiculo para cumplir con una orden del empleador). • Todos empleadores con 3 o más empleados en el Estado de Georgia. • La ley NO aplica a "independent contractors" y a campesinos; estas personas tendrian que traer una demanda civil 2. Por que existe la Ley de Compensacion de Trabajadores Lesionados? • Permite que los empleadores eviten una…
  • Georgians at risk from dangerous/altered tobacco and incense products

    26 Aug 2013 | 7:08 am
    The Georgia Department of Public Health sent an email over the weekend warning of dangerous products currently on store shelves: "The Georgia Department of Public Health (DPH) has become aware of a dangerous, potentially lethal substance surfacing in convenience stores and smoke shops. When ingested or inhaled this neurotoxin can render a person motionless and/or unconscious and cause severe cardiac problems. In the last 24 hours, at least eight patients in Southeast Ga. have been hospitalized; some patients have been admitted to intensive care and are on life support. Two patients have been…
  • Bedbug Problem in Georgia? Find Out How You Can Get Rid of These Unwelcome Pests in Your Bed for Good.

    23 Mar 2013 | 9:14 pm
    Bedbugs are still a problem in Georgia. Fortunately, there are legal measures you can take before the problem gets worse. Everyone deserves a good night's sleep free from unwelcome critters. Don't let bedbugs bug you and your loved ones anymore. Contact an experienced Georgia attorney to discuss any legal options you may have to protect your bed and you health from these uninvited critters.
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    SEC Lawyers Blog

  • Sonn|Erez Investigating Claims Involving Nancy Hogan (Jeffersonville, Indiana)

    21 Nov 2014 | 7:42 am
    Sonn|Erez is investigating claims regarding Nancy Sue Hogan (CRD #3170359, Jeffersonville, Indiana). Hogan recently entered into a Letter of Acceptance, Waiver, and Consent ("AWC") in which she was barred from association with any FINRA member in any capacity. See FINRA Case #2014040699201. From July 2005 through February 2014, Hogan was registered as an Investment Company Products and Variable Contracts Representative with J.P. Morgan Securities, LLC, and was dually employed by Chase Bank. FINRA was investigating whether Hogan has misappropriated funds from several customers of the firm and…
  • Sonn|Erez Investigating Claims Involving Joseph Jayne (Needham, Massachusetts)

    19 Nov 2014 | 12:17 pm
    Sonn|Erez is investigating claims regarding Joseph Kennon Jayne (CRD #2359927, Needham, Massachusetts). Jayne recently entered into a Letter of Acceptance, Waiver, and Consent ("AWC") in which he was barred from association with any FINRA member in any capacity. See FINRA Case #2013036416001. Jayne was registered with Ameriprise Financial Services, Inc., from February 2009 until his termination in April 2014. FINRA found that Jayne signed a customer's name, or had it signed, on firm documents to authorize wire transfers of funds, the rollover of funds from other investment firms, and…
  • SEC Sanctions UBS Financial Services, Oppenheimer & Co., J.P. Morgan Securities, and 10 Others for Improper Sales of Puerto Rico Junk Bonds

    18 Nov 2014 | 8:18 pm
    The Securities and Exchange Commission recently sanctioned 13 firms for violating a rule intended to protect retail investors in the municipal securities market. The SEC found that the 13 dealers violated MSRB Rule G-15(f) by executing sales below the minimum denomination, as well as Section 15B(c)(1) of the Securities Exchange Act of 1934, which prohibits violations of any MSRB rule. The action stems from the SEC's surveillance of trading in the municipal bond market, wherein the SEC Enforcement Division's Municipal Securities and Public Pensions Unit detected improper sales below a $100,000…
  • Sonn|Erez and Aldarondo & Lopéz Bras File Claim Against UBS for Doctor's Estate With More than $295,000 in Losses Related to Puerto Rico Bonds and UBS Funds

    15 Nov 2014 | 10:58 am
    Sonn|Erez and Aldarondo & Lopéz Bras recently filed a claim against UBS Financial Services, Inc. and UBS Financial Services Inc. of Puerto Rico ("UBS") on behalf of a doctor's estate for more than $295,000 in losses related to UBS/UBS-PR branded Puerto Rico Funds and Puerto Rico bonds. The retired doctor passed away in April 2014 at age 86, and left his estate to his widow and two children. Prior to this, the elderly doctor was a long-time customer of UBS and its financial advisor, to whom he entrusted virtually all of his retirement savings. In so doing, the doctor allegedly told UBS and…
  • Sonn|Erez Investigating Claims Involving Jeffrey Meyer and Private Securities Transactions of United Private Capital, Strategic Lending Solutions, and K&M Oil Company

    13 Nov 2014 | 7:01 am
    Sonn|Erez is investigating claims regarding Jeffrey Brian Meyer (CRD #4111125, Lake in the Hills, IL), who has been named a respondent in a FINRA complaint alleging that he acted outside the scope of his employment with his member firms by participating in 37 private securities transactions totaling more than $1.5 million, without providing prior written or oral notice to the firms of his proposed roles in the transactions, or the selling compensation that he was to receive from those transactions. See FINRA Case #2012032758601. Meyer was registered with Waddell & Reed, Inc. (Schaumberg, IL)…
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    New York & New Jersey Consumer Law Blog

  • NJ Eviction for Late Payments: There's More to "Habitual" Than Meets the Eye

    5 Nov 2014 | 3:38 am
    Late payment of rent is one of the more common landlord complaints. Late-paying tenants interfere with their landlord's bottom line and create an atmosphere of disrespect toward the landlord's investment. The NJ Anti-Eviction Act allows a Landlord to evict a tenant for "habitual late payment of rent" when the tenant "after written notice to cease, has habitually and without legal justification failed to pay rent which is due and owing." N.J.S.A. 2A:18-61.1(j). Although the law seems clear, it's easy to say a tenant pays rent habitually late; evicting for late payments is more difficult…
  • Landlord-Tenant Settlements: Is Everything on the Table?

    18 Oct 2014 | 6:14 am
    All New Jersey landlord-tenant cases have a mediation requirement. This means that the Landlord and the Tenant must, at least, try to resolve their dispute before the case goes before a judge. Mediation is a great opportunity to reach an agreement that works for both Parties and avoids the harshness of a judge calling a winner and a loser. In general, there are three types of landlord-tenant settlements.
  • Landlords Beware: Residential Form Leases Do Not Cure All Ills

    16 Oct 2014 | 11:29 am
    Landlords Beware: Residential Form Leases Do Not Cure All Ills The word "lease" is a fancy term for a simple agreement: The tenant agrees to pay rent and the landlord agrees to provide a habitable living space. Some leases are lengthy and contain conflicting terms which affect both the landlord's and the tenant's rights. In a landlord-tenant case, the court will look at the content of a lease very closely. This is where Google causes more problems than it solves. Free form leases from the internet can be dangerous. Form residential leases are all over the internet for free. Like most things,…
  • Commercial Collections: The "Book Account" & Collection of Accounts Receivable

    12 Apr 2014 | 9:09 am
    Companies with on-going customer relationships often provide merchandise or services on regular basis. Invoices for services are sent to the customers while service continues. Ideally, each invoice is paid in full, but reality creeps in. Sometimes, customers let balances accrue and make slowly decreasing payments until payments cease. The company is left unpaid and outstanding invoices sit in accounts receivable. When legal collection on these accounts receivable is necessary, the law provides a range of causes of action. The "book account" is a simple and direct method of commercial…
  • Notice Eviction Cases & the "No Discovery" Rule: Landlord Notices Must Be Specific

    5 Feb 2014 | 2:25 pm
    New Jersey landlord-tenant actions (a/k/a "summary dispossession actions") are designed to be quick, efficient methods of disposing of landlord-tenant disputes. The efficiency of a landlord-tenant case lies in the prohibition of responsive pleadings and the "No Discovery" rule. NJ Court Rule 6:4-3 provides that interrogatories and other discovery methods are applicable in all actions except "summary landlord and tenant actions for recovery of the premises." The "No Discovery" rule poses a problem for landlords alleging wrongful conduct (for example, damage to the apartment or violation of…
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    Broward Injury Lawyer Blog

  • Child Hotel Injury Lawsuit Will Proceed to Trial

    25 Nov 2014 | 12:05 pm
    A five-year-old child vacationing with his family suffers a serious fall from a hotel window, causing him to incur critical, debilitating injuries, including brain trauma. Who is responsible? A California appellate court recently granted the family the right to present a case at trial that the hotel was responsible for negligence and failing to address a known dangerous condition on its property. This was a reversal of an earlier trial court summary judgment favoring defendants, who argued they had no duty of care to the child and the accident was caused by parents' failure to supervise,…
  • South Florida Airbag Injury Claim Filed Amid Huge Recall

    15 Nov 2014 | 9:27 am
    As the international recall on Japanese-made Takata airbags widens, a Miami-Dade woman has filed her own lawsuit, alleging defective airbags left her with lifelong scarring - and nearly killed her. It's true there is rarely such thing as a "normal" accident. After all, crashes are rarely anticipated, and the unexpected is what often makes the situation so bad. But we expect in these situations that airbags, upon impact, will protect us. What regulators are now finding is that in an increasing number of cases, defective airbags in fact made the situation far worse.
  • Auto Owners Ins. Co. v. Foster - Vehicle Ownership Key in Injury Action

    5 Nov 2014 | 9:15 am
    The determination of who owns a vehicle and/or who has permission to drive it is a key in the wake of a crash. Answers to those questions will help your attorney figure out which insurance claims to pursue and what kind of coverage to which you may be entitled. Often, the answers to these questions are relatively easy. Other times, they can be far more complex. An example of the latter was seen recently in the Indiana Court of Appeals case of Auto-Owners Insurance Company v. Foster.
  • Curtis v. Lemna - Golf Injury Work-Related, Co-Worker Lawsuit Barred

    30 Oct 2014 | 8:38 am
    A state supreme court decision in Arkansas underscores a fact that injured workers in many states come to find out: Injury lawsuits against co-workers are generally barred unless there is some evidence the action was intentional or outside the scope of employment. That means the primary question is whether the incident was work-related. For example, if a co-worker physically attacks you, he was almost certainly not acting within the scope of employment, and therefore the victim would have grounds to file a third-party injury lawsuit, in addition to seeking workers' compensation benefits.
  • Bufkin v. Felipe's - Pedestrian Injury Claim Countered by Open Obvious Doctrine

    20 Oct 2014 | 7:59 am
    A pedestrian was injured by a wrong-way delivery worker bicyclist on a one-way street. The pedestrian was crossing due to construction barriers blocking his path on the sidewalk. In a lawsuit he filed several months later, plaintiff alleged a large trash bin placed on street-level parking in front of the private building under construction obstructed his view and created an unsafe condition for anyone crossing the street. His lawsuit, Bufkin v. Felipe's Louisiana LLC, named as defendants the employer of the bicyclist, the construction company that had obstructed the sidewalk and the building…
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    Chicago Immigration Lawyer Blog

  • Executive Action on Immigration Coming Soon

    14 Nov 2014 | 9:01 am
    The President plans to use his executive authority to overhaul U.S. immigration law unless Congress passes a comprehensive immigration reform bill by the end of the year. Despite protests from Republicans, the President is expected to announce a 10-point plan that could protect up to 5 million immigrants from deportation by the end of the year and as early as next week. According to Fox News, the 10 points of the President's plan are: 1) Expand deferred action for young illegal immigrants: President Obama created the Deferred Action for Childhood Arrivals (DACA) program in June 2012. To be…
  • U Visa - Filing for Derivative Family Members

    4 Nov 2014 | 1:04 pm
    We recently discussed U visa eligibility on the blog and noted that this type of nonimmigrant visa provides relief to victims of qualifying crimes by granting them temporary legal status and work authorization in the U.S. for 4 years. The form you must complete is a Petition for U Nonimmigrant Status, Form I-918. There is no cost for filing this form. The types of evidence you may submit to prove that you are a victim of direct and proximate harm from a qualifying criminal activity include, but are not limited to: Police reports Court documents Trial transcripts News articles Orders of…
  • Removing Conditions from a Conditional Green Card

    4 Nov 2014 | 11:41 am
    Permanent residence is not available to foreign nationals who marry U.S. citizens solely for immigration purposes. Immigration officers see such marriages as shams, so they are very careful about investigating marriage cases. As a result of these suspicions, if you have been married for less than 2 years when your permanent resident application is approved, you will receive a conditional permanent resident card. A conditional permanent resident card is valid for 2 years. In order to retain your permanent resident status, you must file a petition to remove the conditions within the 90 days…
  • U Visa Eligibility

    23 Oct 2014 | 11:39 am
    A U visa is a nonimmigrant visa that provides relief to victims of certain crimes by granting them temporary legal status and work authorization in the United States for four years. You may qualify for a U visa if you are a victim of a qualifying crime, have suffered substantial mental or physical abuse, have information about the criminal activity, and help law enforcement or government officials investigate or prosecute the criminal activity. Qualifying crimes include, but are not limited to: Domestic Violence Extortion Kidnapping Sexual Assault Stalking Trafficking You must also obtain…
  • New Executive Action on Immigration Coming Soon

    7 Aug 2014 | 10:30 am
    The President is preparing to announce a new set of Executive Actions he plans to take on immigration since Congress has yet to pass a comprehensive immigration reform package. Speaking during a press conference yesterday in Washington D.C., President Obama stated that he is working on ways to ease deportations of immigrants living in the country undocumented. While the President hasn't indicated what type of relief he plans to offer, many immigrations rights activists are beginning to speculate. The President announced earlier this summer that he would take Executive Action because Congress…
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    Dallas Divorce Law Blog

  • No same-sex divorce in Texas (yet)

    Michelle O'Neil
    25 Nov 2014 | 6:41 am
    Several years ago, Texas adopted the federal Defense of Marriage Act, which give Texas the right to refuse to acknowledge legal same-sex marriages performed in other states. By not recognizing the marriages as valid, Texas law does not provide for divorce of same-sex married couples. This situation is sure to change at some point soon. But for now it creates a real problem for many couples who live here.  Dallas divorce lawyer Michelle O’Neil explains here:  
  • WAIVER DANGER: Challenge when receiver is appointed in a Texas divorce

    Michelle O'Neil
    11 Nov 2014 | 6:00 am
    The Texas Family Code provides that a receiver may be appointed to take control of certain assets in the middle of a Texas divorce proceeding. The standard for appointing a receiver is a relatively low bar – a receiver may be appointed “for the preservation and protection of the property of the parties”. [Texas Family Code section 6.502(a)(5)].  In fact, a receiver may be appointed to take charge of community or separate property of the parties.  [In re C.F.M., 360 S.W.3d 654 (Tex. App. – Dallas 2012).] BEWARE, challenging the appointment of a receiver is reviewable by…
  • Torn up Pre-nup — Valid or Not?

    Michelle O'Neil
    4 Nov 2014 | 5:59 am
    What would happen under Texas divorce law if two spouses decide after years of marriage to tear up their prenup? Is that enough to invalidate the agreement? I read with interest last week’s post from lawyer Daniel Clement of the New York Divorce Report about a New York case holding a premarital agreement valid even after the couple tore it up on their honeymoon. (See Braha v. Braha.) The couple was engaged less than three weeks when they married in 2002. The husband told his then-fiancé that his father “threatened to cut him off” if he did not have her sign a pre-nuptial…
  • Dallas divorce lawyer has unique perspective

    Michelle O'Neil
    28 Oct 2014 | 7:25 am
    Dallas divorce attorney Michelle May O’Neil has a unique perspective because she practices both litigation and appeals in the Texas family law area. This helps her see a case not only as an advocate for the client’s position to either a judge or jury, which most family law attorney share, but also from the lens of the appellate court who might review the case after it is over. She is in a position to “dot the i’s and cross the t’s” by knowing how the case will be analyzed when it is over. Appellate courts look at whether error was properly preserved and…
  • What can a family law appellate lawyer do for my case?

    Michelle O'Neil
    14 Oct 2014 | 6:34 am
    Yes, family law appellate lawyers handle appeals to the Texas court of appeals or the Texas Supreme Court. We read records, write briefs, and make oral arguments.  We research rules and analyze case opinions. But, adding an appellate lawyer to your trial team can be beneficial long before filing a notice of appeal. Pleadings Early in the case, the appellate lawyer can assist with complex pleading issues.  If jurisdiction is contested, the appellate lawyer can prepare and present the plea to the jurisdiction or special appearance and get the legal issues ready for mandamus (family law cases)…
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    Massachusetts Drug Injury Lawyers Blog

  • Hundreds of Risperdal Lawsuits Blame Drug For Causing Gynecomastia in Males

    18 Nov 2014 | 9:33 pm
    The number of Risperdal lawsuits continues to grow, with many of the plaintiffs blaming the drug for causing gynecomastia, which is male breast growth. Janssen Pharmaceuticals and Johnson & Johnson are accused of hiding the serious health risks involved with taking Risperdal and improperly marketing the drug for uses that are considered “off-label" for kids. Janssen is a J & J unit. In Massachusetts, please contact our Boston Risperdal injury lawyers if you think that you or your child suffered serious side effects from taking this medication. The drug, launched in the United States in the…
  • Stryker Settles Hip Implant Lawsuits for $1.43 Billion

    7 Nov 2014 | 11:33 am
    Stryker, a company that makes artificial hip implants, has reached a settlement to resolve thousands of products liability lawsuits over the now-recalled medical devices. The deal is expected to cost the manufacturer approximately $1.43 billion. The agreement covers patients who were implanted with the ABG II Modular-Neck or the Rejuvenate Modular-Neck and had to undergo another procedure to have the hip implant replaced. Both models were recalled in 2012 in the wake of growing patient complaints of corrosion and other problems. According to the plaintiffs, Stryker sold the faulty implants,…
  • Paxil Birth Defect Lawsuit Is Sent Back to State Court

    13 Oct 2014 | 4:39 pm
    The United States Court of Appeals for the Third Circuit has ordered that a drug defect lawsuit against GlaxoSmithKline LLC over its Paxil antidepressant medication be sent back to a state court. The three-judge panel ruled that the second removal to federal court was not timely. They said that Pennsylvania’s Eastern District Court made a mistake when it denied the plaintiffs motion to remand. The Paxil birth defect lawsuit was brought by Sallee Miller and her child. They claim that the boy was born with congenital defects because Miller took the SSRI antidepressant while she was expecting.
  • Xarelto Injury Lawsuits Sue Bayer and Johnson & Johnson

    15 Sep 2014 | 1:46 pm
    Plaintiffs are starting to file claims seeking dangerous drug damages for injuries they sustained from using Xarelto, a blood thinner. Bayer and Johnson & Johnson/Janssen Pharmaceuticals, which jointly market the drug, are the defendants. According to the Xarelto injury lawsuits, users are experiencing internal bleeding so severe that they have been hospitalized. They believe that the companies are continuing to sell the drugs despite the health risks, of which they are neglecting to notify the public. Xarelto, unlike blood thinner warfarin (brand names Comadin, Marevan, Jantoven, and…
  • Boston Scientific Must Pay $73M Vaginal Mesh Injury Verdict

    10 Sep 2014 | 6:31 pm
    Jurors have ordered Boston Scientific Corp. to pay Martha Salazar $73 million for injuries she sustained from the Obtryx sling, which is a vaginal mesh implant. This is the first defective medical device award against the company over its incontinence slings. (The Massachusetts-based device maker won the first two cases to go to trial over the Obtryx sling.) It is facing over 23,000 more transvaginal mesh implant lawsuits. Salazar, 42, was implanted with the Obtryx sling in 2010 after she began to experience urinary leakage. She claims the medical device eroded in her body and that this has…
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    New York Real Estate Lawyers Blog

  • New Court Ruling in New York Relating to Disputes over Religious Institutions

    18 Nov 2014 | 8:28 am
    A recent case decided by a New York Appellate Court relates to a dispute over governing and control of a Buddhist Temple. To summarize, the Master of the Temple, Mew Fung Chen, excommunicated 517 members over a dispute relating to control of the Temple, which had locations in both Brooklyn and Manhattan. At a special meeting, the Board of the Temple voted to close the Manhattan Temple and excommunicate the followers of an alleged "rogue monk," Master Ming Tung. Ming Tung's followers constituted a majority of the congregation at the time of the excommunication. Ming Tung filed a lawsuit in…
  • How to Stage a Takeover of Your Coop or Condo Board

    7 Nov 2014 | 5:56 am
    Board members of cooperative and condominium buildings are hard working volunteers who are subject to what may be undeserved criticism. In other cases, a board may be treating a particular unit owner unfairly or there may be a general sense among neighbors that the board is doing a poor job. Our firm receives inquiries from such unit owners, either on their own behalf or as representatives of a group of unit owners that are "out of power," as to our recommendations. If efforts to influence existing board members continue to be unsuccessful, our attorneys will discuss the consideration of a…
  • Happy Halloween: Haunted Houses, Zombie Houses, Ghosts and Other Scary Things

    31 Oct 2014 | 5:19 am
    Even Halloween gives rise to legal issues that may pertain to our blog readers. This blog post will address haunted houses, zombie houses, ghosts and other scary situations from a legal perspective. Unfortunately, a crime, suicide or other unpleasant event may have happened in a house prior to sale. Such a house may be considered to be "haunted". Does New York law require disclosure that the house is haunted to a potential buyer? The answer is no. New York is a caveat emptor state, meaning "let the buyer beware". Psychological issues do not require disclosure. It is the buyer's responsibility…
  • Surrender of Lease Agreements in New York

    24 Oct 2014 | 5:53 am
    Quite often, our firm is consulted by both landlords and tenants regarding the termination of a lease prior to its legal end date. For example, a lease may have a term which runs through December 31, 2020. In certain situations, the parties may agree to terminate the lease prior to this date. This can happen for several reasons. A tenant may need to move out for personal reasons, or because conditions at the premises are not acceptable. A landlord may decide not to hold a tenant to a lease term if they believe they can re-rent the premises at a higher rent. In commercial lease situations, a…
  • Have Your Home Improvements Been Properly Permitted?

    17 Oct 2014 | 8:48 am
    Often in a residential real estate transaction, unpermitted improvements to a house are present. The seller may find that purchasers are unwilling to enter a transaction with these conditions. The buyer may not want the responsibility for obtaining permits for work done by others. Our clients who are parties to residential real estate transactions often encounter legal issues when home improvements are not properly documented by the municipality where the property is located. When a renovation is conducted, an inquiry should be made of the municipality as to whether a building permit is…
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    Wisconsin Probate & Estate Planning Blog

  • A Brief Primer on Special Needs Planning

    Krause Donovan Estate Law Partners
    3 Nov 2014 | 10:38 am
    Special Needs Planning is an area that will likely apply to you or someone close to you: planning for a loved one with special needs. We will look at the increasing need for this planning; the decrease in government benefits; the concerns families have about providing for their loved ones; whether it is worth protecting government benefits; and planning tips to help you provide for and protect your loved one for as long as he or she lives. The Increasing need for special needs care and planning. Chances are there is or will be someone in your family (child, grandchild, nephew, niece, parent,…
  • An Introduction to Asset Protection Planning

    Krause Donovan Estate Law Partners
    1 Oct 2014 | 9:07 am
    Almost everyone knows someone who had a problem and lost everything. Claims can, for example, allege professional liability, responsibility for a car accident, or unpaid creditors. Whether meritorious or not, defense can be enormously costly. With our litigious society, with limited risk for those making liability claims, asset protection planning has become required for many and highly desirable for many more. My goal in writing this post is to provide an introduction to asset protection planning (what it is, types of risk, when to plan, what to expect in the planning process, and levels of…
  • Should I Write My Own Will?

    Krause Donovan Estate Law Partners
    2 Sep 2014 | 2:02 pm
    I’m sure you have heard this less than eloquent phrase before – “Garbage in, garbage out.” The phrase is typically used in computer programming and scientific research. Unfortunately, it also applies to the law, legal documents, and writing your own Will. What’s Wrong With Writing Your Own Estate Plan? Legally, you have the right to draft your own documents; however, that doesn’t mean you have the right to have them actually work. Do-it-yourselfers accidentally disinherit children, fail to protect assets from lawsuits, trigger probate, invite court interference, give assets…
  • Carrying on a Family Tradition: Passing the Family Farm to Future Generations

    Krause Donovan Estate Law Partners
    18 Aug 2014 | 12:20 am
    Attendees at a farm show in neighboring Minnesota heard important information about the special types of estate planning available for farmers to facilitate transferring family farms to future generations in the most advantageous way possible. Family farm owners here in Wisconsin face very similar concerns and challenges. Proper estate planning can provide key benefits not only to allow you to transfer your family farm to your loved ones, but also place them in the best position to keep the farm in the family for many generations to come. One of the primary challenges faced by family farmers…
  • Estate Planning for Your College-Bound Child

    Krause Donovan Estate Law Partners
    1 Aug 2014 | 12:44 am
    August means “back to school” time for many families. That often translates to a lot of shopping, whether it’s new clothes, new books or new computers, especially if your child is preparing to go away to college. For those families, though, their focus should be on more than just providing their children with the tools they need to succeed in class. A child’s turning 18 carries with it significant legal repercussions and, especially if that child is leaving home for college, the need for estate planning becomes very important. Estate planning may hardly sound like an…
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    San Diego Divorce Lawyer Blog

  • California Court Retained Jurisdiction to Award Long-Term Spousal Support

    25 Nov 2014 | 11:25 am
    Each divorce case presents a unique set of facts and important circumstances that can dramatically affect the course of the proceedings. Equally relevant is the California Family Code and how it will apply to these individual cases. When a couple decides to divorce, it is best to be as informed as possible before initiating the proceeding, which includes understanding how the local laws will affect your family. The Code addresses issues such as spousal support, the division of marital property, and child custody. An experienced family law attorney from the San Diego area would be able to…
  • State Laws Vary on the Division of Marital Property in Divorce

    18 Nov 2014 | 8:16 am
    If you are thinking of initiating a divorce proceeding, be sure to understand how the state family code could affect your case, particularly how the provisions apply to property division. Each state has the authority to enact laws affecting marriage and divorce. California is a "community property" state, which means that any and all assets and debts accumulated during the marriage are likely to be divided evenly in divorce (with a few exceptions, such as gifts and inheritances). Identifying and characterizing property in a divorce proceeding can affect the couple's settlement, in terms of…
  • California Court Refuses to Reduce Father's Child Support Obligation

    11 Nov 2014 | 8:26 am
    As a couple navigates the divorce process, there are many important issues to sort through, such as child custody, support, and the division of property. It is not surprising that couples often fail to see "eye to eye" on every matter, especially when it comes to financial responsibilities. When one spouse is obligated to pay child support, there may be some dispute over the monthly amount awarded by the court. Fortunately, however, state law regulates the issue of child support. The California Family Code provides a statewide uniform guideline for courts to use when determining the amount of…
  • California Courts Retain Jurisdiction to Allocate Community Property After Divorce Judgment

    4 Nov 2014 | 8:24 am
    The California Family Code governs many aspects of divorce proceedings. In many respects, the various provisions operate to place the parties on "equal footing." Courts interpreting these laws are guided by overriding principles of fairness and equality. The statutes cover many important matters, such as child custody, spousal support, and the division of marital property. If you are facing divorce, it is important to understand how these local state laws will affect your particular circumstances. An experienced family law attorney from the San Diego area can evaluate your case, with an eye…
  • California Court Denied Father's Request for Custody

    28 Oct 2014 | 3:38 pm
    Whether parents are married or not, when they decide to split up or divorce, there will be matters of child custody to address. In an ideal situation, the parents will agree to a parenting plan that serves the best interests of the children. But because parents who no longer want to stay together are typically poised to argue over most issues related to their separation, they often fail to see eye to eye on what is best for their kids. And in certain severe situations, the juvenile court will have to get involved to ensure that the child's health and welfare are adequately protected. If you…
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    Maritime & Cruise Ship Accident Lawyer Blog

  • Yet Another Cruise Norovirus Outbreak Reminds Us Of Inherit Cruise Risk

    Gerson &#38; Schwartz, P.A.
    19 Nov 2014 | 1:41 pm
    Well, it’s happened again. Although we seem to be told repeatedly by the cruise industry that norovirus outbreaks are sporadic and preventative measures are improving, in seems that once again, a cruise ship and its passengers have fallen victim to an outbreak. Princess Cruise Suffers Large Virus Outbreak This time it was a Princess Cruise line that experienced the outbreak. The cruise, leaving from Los Angeles, to Hawaii and then Tahiti, suffered an outbreak that affected 172 people on board. Most of the affected were passengers, but 14 crewmembers were sickened as well. The CDC, which…
  • New Case a Reminder How Important it is to Read Cruise Ticket

    Gerson &#38; Schwartz, P.A.
    12 Nov 2014 | 7:55 am
    We’ve discussed a lot about cruise tickets, and the burdens they put on cruise passengers who are seeking to sue a cruise line for damages and injuries. A recent case has come out that has unfortunately said nothing new, again emphasizing how restrictive the terms of cruise tickets can be. Passenger Sues in Wrong Venue The case involved a passenger who was seeking to sue Royal Caribbean for injuries she sustained on a cruise. Her cruise ticket had a one-year statute of limitations to bring such actions, and she narrowly beat that deadline. However, she sued in Miami-Dade circuit (state)…
  • Judge Sanctions Carnival Cruise Lines and Determines Notice of a Dangerous Condition Established Under Fed. R. Civ. P. 37

    Gerson &#38; Schwartz, P.A.
    11 Nov 2014 | 9:33 am
    Earlier last week our Cruise Ship Lawyers sought and received a court order under Fed. R. Civ. P. 37 (b) in the  form of issue based sanctions against Defendant Carnival Cruise Lines in a lawsuit brought by Mrs. Esperanza Viletta in the case of Viletta v. Carnival Cruise Lines, Case No. 11-20930. The sanctions were ordered by United States Magistrate Judge John O’Sullivan and were upheld by United States District Court Judge Cecilia Altonaga in a six (6) page written order. Click this link to read the Order. The sanctions were issued based on a myriad of discovery violations including…
  • Unusually High Number of Recent Cruise Accidents are Cause for Concern

    Gerson &#38; Schwartz, P.A.
    5 Nov 2014 | 8:21 am
    There have been an abnormally large number of cruise accidents recently. And while none could be termed catastrophic, the recent spate still is worth noting to draw attention to the safety standards that some cruise lines are employing. Halloween Cruise Runs Aground Just recently on a Halloween cruise, a Grand Bahama Celebration cruise ship returning to Palm Beach struck something in the water, forcing it to turn around, and return to port. There were no injuries, and passengers were set up with lodging until the ship could return. A ferry eventually brought the passengers back to Palm Beach.
  • New Cruise Victim Information Website Won’t Provide Much Help, But It’s a Good Start

    Gerson &#38; Schwartz, P.A.
    31 Oct 2014 | 7:00 am
    We’ve often discussed in this blog that a major problem with cruise safety is simply lack of cruise safety information. There is no one clearinghouse or database where potential passengers can check a cruise line’s safety record, or see if anybody has been injured or assaulted on a cruise. The department of Transportation, with the help of a Senator, has recently announced a plan that may at least take one step towards alleviating that problem. New Website Consolidates Information With urging from the International Cruise Victims’ Association, (ICV), the Department of Transportation has…
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    Brian M. Mekdsy Legal Services, Massachusetts

  • Having Trouble Choosing The Right Charity This Holiday Season?

    Brian M. Mekdsy
    28 Nov 2014 | 6:10 am
    As the 2014 holiday season heats up and people look forward to spending time with family and friends, for many of us, it’s the perfect opportunity to give to the less fortunate, either by donating our time, money, or both. But with so many nonprofit organizations out there, how do we know we’re choosing the right [...]Related Posts:Is the US Treasury Worthy of your ‘Charitable…Sick of Washington’s Games? Start a NonprofitRemembering the Fallen on Memorial Day22 Things To Be Thankful For This ThanksgivingBeware The Fiscal Cliff: Even Middle Class Estate…
  • Does Your Social Media Policy Put Your Company At Risk?

    Brian M. Mekdsy
    16 Oct 2014 | 6:36 am
    It should come as no surprise that small businesses can benefit greatly when they incorporate social media into their marketing efforts. But if not done properly, or if a company or its employees aren’t careful when using social media, there can be serious consequences – both legally and economically. On the surface, more and more [...]Related Posts:Is Your Social Media Privacy Under Attack?A Social Media Will Is No Longer OptionalHow to Plan for a Social Media Afterlife: Tools for ZombiesWhat Happens To Your Social Media Accounts After You Die?Succession Planning For Your Family…
  • Who the hell thinks of their online accounts as digital assets?

    Brian M. Mekdsy
    18 Sep 2014 | 12:33 pm
    I mean, seriously: I bet you don’t think of your Facebook account as a “digital asset.” But truth be told, while you might not think of your online accounts that way, that’s exactly how they’re classified in the eyes of the law. And now that the Uniform Law Commission has published a draft law, called [...]Related Posts:Facebook, Instagram, Digital Assets and DeathProtecting Your Digital Assets With Google’s Inactive…A Social Media Will Is No Longer Optional8 Questions To Ask When Setting Up A Power Of AttorneyWhat Happens To Your Social Media Accounts After You…
  • Facebook, Instagram, Digital Assets and Death

    Brian M. Mekdsy
    11 Aug 2014 | 5:13 am
    Once upon a time, Al Gore invented the internet, and with it came the nearly universal accumulation of “digital assets.” In fact, digital assets are so commonplace today that more and more states are updating their laws to account for them. Now a nationally recognized group of lawyers has weighed in on the subject. In [...]Related Posts:Who the hell thinks of their online accounts as digital…Protecting Your Digital Assets With Google’s Inactive…A Social Media Will Is No Longer OptionalWhat Happens To Your Social Media Accounts After You Die?How to Plan for a Social…
  • This Fourth of July: Can’t We All Just Get Along?

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

  • NLRB General Counsel on Joint Employment: ‘The More (Employers) The Merrier’

    24 Nov 2014 | 11:43 pm
    Wow, this joint employment issue keeps rearing its ugly head, doesn’t it? Last week we looked at joint employment between a franchisor and a franchisee–McDonald’s to be exact. (Click here if you missed that one.)   The NLRB is not just looking at joint employment between franchisors and franchisees, though. There is another case, Browning-Ferris, Industries., which the NLRB appears to be using as an opportunity to expand the definition of joint employment.  If the NLRB in fact does so, and if it is not stopped via an appeal, such a ruling could have far-reaching…
  • NLRB General Counsel’s Joint Employer Ruling Leaves McDonald’s Feeling Dis-en-Franchised

    20 Nov 2014 | 4:00 am
    I know I promised last week that I would write about the US Supreme Court case, Department of Homeland Security v. McLean. I thought about it this week though and realized that since it impacts federal employers only, and most of my readers are private sector employers that it might be better for me to break that  promise and move on. Now, I know I’ve written a lot about joint employment (specifically here, here, here, here… well, you get the idea).  I’ve also written a few times about the NLRB (specifically here, here, here…again, you get the idea).  But now, the…
  • Do You Have to Provide Permanent Health Benefits to Your Retirees?

    13 Nov 2014 | 4:00 am
    The U.S. Supreme Court heard oral arguments on Monday in a case about health benefits under a collective bargaining agreement. While the immediate issue is the duration of retirees’ health benefits under a CBA, could it also apply to a benefits plan under ERISA? You do not need me to tell you that medical costs continue to rise or that increasing numbers of baby boomers are retiring. You may be one of many employers considering limiting retiree health coverage as a means for managing your costs. These are all reasons why the outcome of M&G Polymers USA, LLC v. Tackett  could matter…
  • Does the EEOC Need to Strike A More Conciliatory Tone???

    6 Nov 2014 | 4:00 am
    Caroline Candidate filed a Title VII sex discrimination charge with the Equal Employment Opportunity Commission  against your company, Marvelous Manufacturing, because it didn’t hire her. You respond to the charge, confident it will be dismissed. Instead, the EEOC issues a determination of reasonable cause to believe your company discriminated against the Charging Party — “and a class of female applicants because of their sex”, based on “the evidence obtained during the course of the investigation”.  What is the evidence? Aside from the Charging Party,…
  • The U.S. Supreme Court Just Heard Another Overtime Case–Could it Affect You??

    30 Oct 2014 | 4:00 am
    On October 8 the United States Supreme Court heard arguments on an overtime case. Now, before you yawn (I hope you didn’t yawn yet) this case, while it may seem to be a sleeper and may seem to turn on arcane, nit-picky laws and details could actually have far-reaching impact on employers and employees. The case is Integrity Staffing v. Busk et al, and the burning question is whether the employees are entitled to be paid for the time they spend at the end of their work day going through security clearances. If you are a retail employer the Supreme Court’s decision may be of…
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    Atlanta Injury Lawyers Blog

  • The Differing Effects of Brain Injuries on the Male and Female Brain

    18 Nov 2014 | 4:45 pm
    TIME Magazine recently published an article, written by Alexandra Sifferlin, detailing how concussions can affect girls differently than boys. Traumatic brain injuries, which occur when one sustains a violent blow to the head or body that causes damage to the brain, affect approximately 2.5 million people every year. Over half of these people are boys, but when girls sustain traumatic brain injuries, they are affected in a different way.
  • Coping with Reflex Sympathetic Dystrophy Through Support Groups

    14 Nov 2014 | 7:09 pm
    Reflex sympathetic dystrophy (RSD), also known as complex regional pain syndrome (CRPS), can be difficult to cope with not only physically, but also mentally, for those suffering from RSD may feel that no one else is able to understand what they are going through. However, support and awareness groups exist to aid those suffering from RSD in this regard, and they are making great strides to raise awareness and research.
  • World Cerebral Palsy Day: An Overview

    12 Nov 2014 | 4:52 pm
    October 1, 2014 was World Cerebral Palsy Day, which its official website describes as "a global innovation project to change the world for people living with cerebral palsy and their families" that is "designed to gather ideas from people around the world and make the best of those ideas a reality." The World Cerebral Palsy Alliance, which has gathered support from over 45 countries, invited people with cerebral palsy, as well as their friends and families, to submit ideas through a one-minute video or text (i.e., it takes the reader less than one minute to read the text in full) presentation…
  • Traumatic Brain Injuries on the Rise

    8 Nov 2014 | 3:20 pm
    Typically, when we discuss traumatic brain injuries on this website, we do so in the context of automobile accidents, falls, and the like. However, an article posted on Outside Magazine's website makes a revelation that, while initially startling, is not all that surprising upon second look. Traumatic brain injuries are on the rise these days, but not because more people are being hit by cars or getting into car accidents--rather, traumatic brain injuries are increasing dramatically because, as Marc Peruzzi writes in his article, "our behavior has changed."
  • Cerebral Palsy: Quality of Life for Adolescents and Young Adults

    5 Nov 2014 | 2:43 pm
    Although cerebral palsy, a condition stemming from injuries that occur to a child's brain while in the womb or at birth, undoubtedly alters the lifestyles of children who have it, it does not entail a poor quality of life. Many aids exist to help those with cerebral palsy live healthy, happy lives, and this extends well outside of childhood. A recent study released by Allan Colver, professor of community child health at Newcastle University in England, shows that adolescents afflicted with cerebral palsy have a similar quality of life to those who are the same age and do not suffer from the…
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    The Federal Criminal Appeals Blog

  • Short Wins - the Dramatic Catch-Up Edition

    18 Nov 2014 | 9:51 am
    And, after a really long break, we're back. Apologies. This day job has been very busy lately. And, of course, if you ever find yourself jonesing for my writing, you can always check out my stuff on Above the Law. You saw our guest post on Hite last week - it's a great case that bears a close read. To the Victories! 1. United States v. Barnes, First Circuit: Appellant pled guilty to distribution and conspiracy to distribute 50kg of marijuana. At sentencing, the district court attributed 3,000kg of marijuana to Appellant after a judicial finding of that quantity by a preponderance of the…
  • The D.C. Circuit Makes It Harder to Prosecute Someone For Enticing A Minor

    14 Nov 2014 | 11:05 am
    Editor's Note - We've never had a guest post before, and normally I give a blanket no to a request for one. But, Assistant Federal Public Defender extraordinaire Jon Jeffress wrote a great piece about the D.C. Circuit's recent decision in United States v. Hite that I'm very pleased to publish here. If you're looking at this as a precedent for other guest posts, please know that if you are an AFPD or credible attorney working in the federal system on criminal cases, I'd be happy to look at anything. Otherwise, no. Finally, I should say that the opinions here are solely Jon's, not those of his…
  • The Government Gets Slapped Back to District Court in a Fake Stash House Robbery Case

    4 Oct 2014 | 12:37 pm
    Fake stash house robbery cases are an embarrassment to a civilized society. Here's what happens. An undercover ATF agent finds a guy and does some deals with him. He then tells the guy he knows of a stash house where there are a lot of drugs and guns. Probably money too. Maybe a unicorn. Whatever it takes to get the guy interested. The guy gets some other guys involved. They get weapons and gear up for this robbery of someone they believe is a drug dealer. Then, with the undercover, they suit up, grab their guns, and plan to rob the stash house. All of this is on video. Then they're arrested…
  • Short Wins - The "Silence is Golden" Edition

    22 Sep 2014 | 8:30 am
    The most interesting case in the last two weeks, I think, is United States v. Shannon. There, the person accused of a crime simply didn't feel like talking to law enforcement - because, really, who would. The government crossed him on his decision not to talk and asked why he didn't come forward with his exculpatory testimony sooner. The Third Circuit reversed because this violated his Fifth Amendment rights - there's really no point in having a right not to talk if you hold it against a person when she doesn't talk. To the Victories! 1. United States v. Santaigo, First Circuit: Appellant was…
  • Short Wins - the Distribution of Child Pornography Gets (slightly) Limited Edition

    15 Sep 2014 | 7:34 am
    Child porn cases are turning out to be a surprisingly large portion of what's in federal court. Child pornography is gross and wrong, to be clear. But these cases are, I think, a symptom of a larger problem. All of us have times in our lives when we're in the wilderness, when we feel adrift and alienated and unsure of where we're going or where we are. Some folks in this time of life turn to alcohol, Some turn to drugs, video games, or other ways to keep themselves from facing the great chasm of dissatisfaction that their lives have become. "The mass of men lead lives of quiet desparation"…
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    Boston Injury Lawyer Blog

  • Mass(achusetts) Pandemonium: Black Friday & Premises Liability

    17 Nov 2014 | 11:18 am
    The day after Thanksgiving, known as "Black Friday", is perhaps the most iconic and celebrated shopping day of the year. According to the National Retail Federation's 2014 Holiday Survival Kit REV, 2013 saw more than 141 million shoppers during the Thanksgiving holiday weekend (Thursday through Sunday), with the average shopper spending about $407. Black Friday alone saw more than 92 million online and in-store shoppers - that's roughly one out-of-every three Americans. In total, consumers spent approximately $57.4 billion during last year's holiday weekend. This year, the pandemonium that is…
  • Making Sure Your Children's Halloween Costumes are Safe

    28 Oct 2014 | 9:27 am
    It is that time of the year where parents are led to a costume store by eager kids wanting to purchase the year's hottest or funniest Halloween costume. While there is not a lot to worry about, parents still need to be mindful of their children's choice. Despite what one would expect, there are many costumes on the market that simply are not safe for children because, among many reasons, they are not flame resistant or are so dark that they put a child at risk to be struck by a car. It is hard to believe, but since 1980 there have been 16 reported incidents where a child under the age of 15…
  • Can I Sue My Town for Personal Injuries Caused by Defective Roadways or Sidewalks?

    21 Oct 2014 | 9:27 am
    Anyone who has walked or driven around Boston knows that the streets and sidewalks of the city are not exactly pristine. Cities and towns in Massachusetts are often old, historic towns which endure New England's rough winters and wet springs. Old trees grow underneath the streets and sidewalks causing them to tilt; frost heaves and potholes abound. As a result, injuries to drivers and pedestrians from defective streets and sidewalks are fairly common. And when they happen, people rightly ask: Can I bring a claim against my City or Town for personal injuries? From a legal perspective, the…
  • The What, Why, Who and When of Mediation in Personal Injury and Wrongful Death Cases

    15 Oct 2014 | 12:39 pm
    The What - Mediation is a voluntary procedure where a neutral third party (the mediator) assists the parties to a settlement. In a personal injury or wrongful death case, the procedure most often involves the parties and their attorneys meeting with the mediator for a one or one-half day session. Usually, this is held at the mediator's office. The session starts with both sides meeting with the mediator in a group session. During this session, often the attorneys for each party summarizes that party's position. There is no testimony. Massachusetts law provides that all communications during a…
  • Recent Verdicts for Victims of Defective Transvaginal Mesh against Boston Scientific and Ethicon

    24 Sep 2014 | 1:54 pm
    A federal jury in West Virginia recently returned a verdict of $3.27 million for a woman who filed suit against Ethicon, a unit of Johnson & Johnson, for injuries due to a defective transvaginal TVT-O mid-urethral sling. After a nearly two-week trial, the jury found in favor for the plaintiff, Jo Huskey, on her counts of strict liability, design defect, failure to warn and negligence. Ms. Huskey, now 52 years old, underwent the implantation procedure in 2011 for stress urinary incontinence and has suffered erosion of the mesh, which has caused severe pain and required her to undergo…
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    South Florida Criminal Attorneys Blog

  • US District Court to Hear Convoluted Murder for Hire Case

    Michael B. Cohen, P.A.
    26 Nov 2014 | 4:44 am
    Fred Topous Jr. is a registered sex offender who pleaded guilty in 1999 to the charge of assault with intent to penetrate a thirteen year old minor female who just happened to be his boss’s daughter. He can easily be labelled a career criminal as his records show that he’s either been imprisoned or on parole for all of but three years between the years of 1984 and 2006 for three individual criminal convictions. But after his release from prison in 2006, Topous hit the lottery… I mean he literally hit the lottery! In 2008, Topous picked the six winning numbers in Michigan’s…
  • Collateral Monetary Damage in South Florida from Home Depot Security Breach

    Michael B. Cohen, P.A.
    11 Nov 2014 | 2:02 pm
    These days it seems that with far too much frequency there is continually breaking news about another retailer with online outlets being victimized by a security breach. The latest of these high tech break-ins was successfully aimed at Home Depot and turned out to be executed by a low-tech method; at least when first hijacking their network. The well-known distributor of appliances and supplies for home and garden items released news that show that a breach which began in April of this year and went undetected through September allowed hackers to steal credit and debit card data of fifty-six…
  • Miami Federal Judge gives International Sex Trafficker/Rapist 27 years

    Michael B. Cohen, P.A.
    30 Oct 2014 | 8:30 am
    His reign of terror which operated Internationally including Australia, the Mid-East and the United States finally came to an end when Miami Federal District Judge Cecilia Altonaga sentenced Jamaican born Damion St. Patrick Baston to twenty-seven years in federal prison. For years, the smoothing talking former nightclub dancer enticed women into a life of prostitution that spanned numerous continents by making them believe he was a hip hop music producer, later bragging to them that he was a member of Bloods, the violent West Coast street gang based out of Los Angeles. Once under his…
  • Lighthouse Point Man Sentenced to Lesser Charge in First-Degree Murder Case

    Michael B. Cohen, P.A.
    17 Oct 2014 | 3:44 pm
    It was more than twenty years ago when Lynne Friend went to meet her estranged husband to pick up a check that was due for child support. After that evening, the then thirty-five year old Lynne Friend vanished. For eighteen of those twenty years, her ex-husband, Clifford Friend lived his life as a free man and continued with his life. He remarried in 1995 and together with his new wife they raised his son Christian the product of his first marriage. He opened a pawn shop and the couple bought a home in Pembroke Pines. Although he was the prime suspect in his wife’s disappearance,…
  • South Florida Corrections Officer Sentenced for Federal Charges

    Michael B. Cohen, P.A.
    3 Oct 2014 | 9:27 am
    Former Corrections Officer Jerry St. Fleur, 26, was sentenced to over four years in a federal prison after agreeing to a plea deal for charges of identity theft and wire fraud. Over sixty thousand dollars that was proceeds from his scheme will also be forfeited. He faced up to twenty years in federal prison before submitting to the guilty plea. But in 2014, St. Fleur was not alone when it came to officers from Florida’s Department of Corrections being arrested, accepting guilty pleas and being sentenced for their crimes. St. Fleur was the third employee of Florida Correctional…
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    Tampa Criminal Lawyer Blog

  • Missouri Grand Jury Declines to Indict Ferguson Police Officer Darren Wilson for the Death of Michael Brown.

    25 Nov 2014 | 11:08 am
    A St. Louis County grand jury chose not to indict Officer Darren Wilson for the shooting death of St. Louis teen Michael Brown. After nearly three months, the grand jury comprised of seven men and five women, nine white and three black heard evidence from 60 witnesses and met 25 times. St. Louis County Prosecuting Attorney William P. McCulloch cited inconsistent witness testimony, thereby making it difficult to present a clear picture of what occurred in the 90-second confrontation between Officer Wilson and Mr. Brown. The grand jury considered charges ranging from first-degree murder to…
  • Florida Woman Accused of Dismembering and Cooking Neighbor

    18 Nov 2014 | 1:06 pm
    Volusia County woman Angela Stoldt of Deltona is accused of stabbing her neighbor, James Sheaffer, in the eyes with an ice pick before strangling him to death in a cemetery. After the alleged murder, Ms. Stoldt is accused of taking Mr. Sheaffer's corpse back to her kitchen where she is said to have dismembered his body, followed by her attempt to cremate the remains. After her cremation attempt failed, Ms. Stoldt is alleged to have simply throw his remaining body parts out with the trash. As one can imagine, Ms. Stoldt's alleged attempt to dispose of the evidence failed, instead leading to…
  • "Blade Runner" Oscar Pistorius Sentenced to 5 Years in Prison

    22 Oct 2014 | 11:37 am
    Oscar Pistorius, renowned Paralympic sprinter was sentenced yesterday to five years in a South African prison for the shooting and killing of his then girlfriend, Reeva Steenkamp. Mr. Pistorius was found not guilty of a more serious murder charge he stood trial for earlier this year but was convicted of culpable homicide for shooting Ms. Steenkamp several times in the middle of the night in what Mr. Pistorius claims was self defense out of fear that one had intruded into his home. South African prosecutors argued for a minimum of 10 years as a prison sentence for Mr. Pistorius but were…
  • Florida Cop Accused Of Getting Oral Sex In Exchange For Not Making Arrest

    17 Oct 2014 | 10:50 am
    Oh Florida, here we go again. Generally it's the average Joes and Janes making the news for crazy allegations, now it's the cops. 32-year-old Broward County Sheriff's Deputy Ted Arboleda is accused of foregoing a legitimate arrest of a woman in exchange for her offer of oral sex. Arboleda is said to have made routine contact with the woman at a local gas station where he found her to be without a valid driver's license, in possession of marijuana, and in possession of an unlabeled bottle of prescription medication, all while on felony probation. According to news reports, initially the woman…
  • Doctor Guilty Of Healthcare Fraud For Administering Chemotherapy To Patients Who Didn't Have Cancer

    7 Oct 2014 | 7:00 am
    Dr. Farid Fata recently pled guilty to 16 Federal criminal counts including 13 counts of healthcare fraud, two counts of money laundering and one count of receiving kickbacks. In a disturbingly unusual case involving a doctor fraudulently submitting requests for reimbursement from several healthcare organizations, Dr. Farid Fata went so far as to knowingly misdiagnose several patients with cancer and subsequently ordering that they receive cancer treatments, including chemotherapy. In doing this he was able to bilk several healthcare organizations out of a ton of money to his benefit. In…
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    Personal Injury Lawyer Blog


    16 Nov 2014 | 6:09 pm
    McDonald's had to recall roughly 2.3 million Hello Kitty toy whistles that were distributed nationwide and in Canada because they posed a choking risk in children. The whistles were the toy in the McDonald's Happy Meals and Mighty Kids Meals from October 2014 through the first week in November 2014. The whistles were distributed at McDonald's in honor of Hello Kitty's 40th birthday. These whistles were a "Hello Kitty Birthday Lollipop Toy (No. 6)" and it is a Hello Kitty plastic figurine holding a pink heart-shaped lollipop with a removable whistle that children can play with. McDonald's had…

    14 Nov 2014 | 6:29 pm
    Dosing errors in dialysis treatments using the products Granuflo and Naturalyte have resulted in wrongful deaths, negative impacts for thousands of patients nationwide, and finally a recall of the products. Lawsuits against Fresenius Medical Care North America, the manufacturer and distributor of the products, and DaVita Healthcare Partners, accused of incorrect dosing, were filed following the recall. The suit alleged that Alkali Dosing Errors were to blame for the deaths in question, more specifically dangerously high levels of bicarbonates in the dialysis treatment. In addition to the…

    10 Nov 2014 | 7:00 pm
    A fifty-two-year-old security guard, Julio Vilamariona, was killed by a CBS van that was transporting passengers on the CBS studios lot. Vilamariona had emigrated from San Salvador, El Salvador, for better opportunities for himself and his family's future. On November 6, 2014, the survivors of Vilamariona were awarded $10.5 million in a wrongful death suit against CBS. Vilamariona was a security guard for the NCIS show. He was securing the set of NCIS when he was struck and killed instantly by a CBS van that was transporting employees at the CBS studios. The driver of the CBS van was Ralph…

    4 Nov 2014 | 6:52 pm
    On October 12, 2014 at approximately 4:30 p.m., a two-year-old girl was killed in Chester Township, New Jersey when she was crushed between two shuttle buses that collided in a parking field at Alstede Farms on Route 24. The deceased girl was Elizabeth Fuehring, who was with her mother, Sarah Fuehring, her six-year-old brother, Jayden Fuehring, and friends. Families were at Alstede Farms enjoying the 31st Annual Chester Harvest Fest, complete with pumpkin picking and hayrides. Elizabeth Fuehring, her mother and friend, Joanna Alemany, became stuck between the colliding buses and were all…

    27 Oct 2014 | 9:55 am
    Clanton Fleetwood, a Cadillac owner from Tyler, Texas, was driving his 2006 Cadillac SRX at an intersection in Smith County, Fleetwood on November 20, 2013 when he lost control of his Cadillac and continued through the intersection and ended up in a ditch on the side of the road. He said that, "for unknown reasons [I] lost control of the vehicle." Mr. Fleetwood said that he was sitting in his seat correctly and had his seat belt on securely, but he "suffered serious injuries when his vehicle failed to protect him." Mr. Fleetwood claims that General Motors LLC is responsible for his accident…
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  • The Midterm Elections are Over - What Does that Mean for Immigration Reform?

    13 Nov 2014 | 5:48 am
    With the midterm elections finally behind us, foreign nationals, immigration advocates, and the country at large are now wondering what the election results mean for comprehensive immigration reform. Since Tuesday night and Wednesday morning saw the loss of many Democratic seats to Republicans, many are worried that immigration reform will not be given to the nation, as promised by the President for several months. The President's Conversations with Republicans In the wake of the elections, the media is already reporting that relations between the President and the House Republicans are…
  • Is the Border Patrol Overstepping its Bounds by Making Arrests Miles Away from the Border?

    4 Nov 2014 | 8:19 am
    The U.S. Border Patrol is tasked with performing duties in line with what its name suggests: safeguarding the nation's borders by preventing terrorists, weapons, and other national security threats from entering the United States. However, recent allegations claim that the Border Patrol (BP) is no longer confining its enforcement and prevention efforts to within its geographic area of authority. Instead, the agency has decided to pursue its duties inside the U.S. and at times, more than 150 miles away from the country's border. One Example of Many: The Case of Jaime Zaldana Jaime Zaldana is…
  • Harvard University Student Allowed to Return to the U.S. After Trip to Mexico to Care for Sick Mother

    28 Oct 2014 | 9:24 am
    Recently, a junior at Harvard University who was forced to remain in Mexico for the past several months learned that he will be allowed to return to the United States even though he broke an immigration rule. Mr. Dario Guerrero Meneses, an undocumented foreign national, traveled to Mexico without first settling his immigration status in the United States. Mr. Meneses could not wait to obtain U.S. permission to cross the border into Mexico because his mother, who was dying of cancer and recently passed away, needed his help to take her to Mexican health clinics that could provide her with…
  • U.S. Circuit Court Strikes Down Another Arizona Anti-Immigrant Law

    27 Oct 2014 | 8:04 am
    Recently the U.S. Circuit Court of Appeals for the 9th circuit ruled that another of Arizona's anti-immigration laws is unconstitutional. This law, referred to as Proposition 100, allowed the state to deny bond to undocumented foreign nationals who were charged with "serious" crimes. Proposition 100 Arizona's Proposition 100 was passed in November 2006, during a period that many have described as the height of anti-immigration and anti-immigrant public opinion in the state. What is interesting about this law is that it seems to have been incomplete at the time Arizonans voted on the bill. It…
  • Immigration Advocates Accuse ICE of Acting "Out of Control"

    27 Oct 2014 | 8:03 am
    Immigration and Customs Enforcement, more commonly known by its concise acronym of ICE, is the enforcement arm of the federal government's immigration laws. ICE has been making headlines recently as immigrant rights advocates accuse the agency of acting "out of control" when executing its enforcement duties. ICE's Actions Critics of the agency state that ICE officers are aggressively pursuing deportation cases, many of which are against foreign nationals who are nonviolent offenders, even though President Obama has repeatedly promised that his administration will soon be implementing policies…
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    Palo Alto Estate Planning Blog

  • IRS Year-End Gifts to Charity Tips

    Liza Hanks
    24 Nov 2014 | 9:50 am
    As 2014 draws to a close, many of our clients are thinking about making annual gifts to charities. The IRS has just posted a handy article with six tips to keep in mind to make sure that you can claim an income tax deduction for the gift. Here’s a summary: 1. Qualified charities. Make sure that you are making a donation to a qualified charity. The IRS offers a tool to make sure that your intended recipient is qualified. Donations to churches, synagogues, temples, mosques, and government agencies are also deductible, even if they’re not listed. 2. Monetary donations. If you want to…
  • IRS Extends Deadline for Portability for 2011-2013

    Liza Hanks
    19 Nov 2014 | 10:03 am
    The IRS has extended the deadline for filing an estate tax return for decedents dying in 2011, 2012, and 2013 to December 31, 2014. The purpose of the extension is to provide time for surviving spouses to elect portability on the return, which would allow them to use their deceased spouse’s unused exemption from the federal estate tax. Electing portability means, in effect, that a married couple can combine their available exemptions, potentially saving a family a significant amount of money when the second spouse dies. For example, if a person died in 2011, and had an estate worth $2…
  • It’s Holiday Time (Almost) How About a Roth IRA?

    Liza Hanks
    17 Nov 2014 | 5:35 pm
    I recently read an article about the value of giving your children (or grandchildren) the gift of compound interest and a more secure retirement, in the form of an annual contribution to their Roth IRA. What a great idea! The author’s point is that many young people are struggling to pay off their educational debt and mortgages, or cope with the costs of child-care. But that, of course, is the best time to start saving money towards retirement, since money invested early has more time to grow.  Studies recommend saving between 15% and 17% of your earnings each year towards retirement…
  • Happy National Estate Planning Awareness Week!

    Liza Hanks
    23 Oct 2014 | 5:55 pm
    Who knew?! I honestly had no idea that there was such a thing as National Estate Planning Awareness Week, but, in fact there is, and it’s the third week in October, established by House Resolution 1499 in 2008. When I worked in the US Senate, I was particularly thrilled by National Ice Cream Day (the third Sunday in July) and when I worked in the California State Legislature there was one day when bikers from all over California rode around the capital to protest helmet laws (I’m not sure if that was an official day or not). But this, while not nearly as thrilling as either of…
  • State Inheritance and Estate Taxes

    Liza Hanks
    5 Oct 2014 | 3:41 pm
    California is a big state, and it’s easy to get near-sighted. Because California has no state-specific gift or estate taxes, it’s easy to focus almost exclusively on the federal estate and gift tax exemptions when planning for the taxes due after there’s been a death. But nineteen states and the District of Columbia levy their own state estate taxes or inheritance taxes, with widely varying exemptions and tax rates, and these taxes can come due, even to California residents–either because they own property located in another state, or because they inherit assets from a…
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    Florida Tax Lawyer Blog

  • Flower Company Sniffs Out Unfair Florida Tax

    20 Nov 2014 | 10:50 am
    Anytime I need a gift for just about any reason, 1-800 Flowers or, is where I turn to first. The online retailers make it incredibly easy for someone who needs as much help as I normally do to send gifts to others. I can just go online, pick one of their pre-packaged gifts, give them my credit card, and then the recipient magically receives the gift as quickly as I need it. Recently, the Florida Department of Revenue decided that it is entitled to sales tax whether the flowers are delivered in Florida or outside of its borders. Being that this is contrary to normal sales tax…
  • Florida Car Dealers Next on DOR Hit List

    14 Nov 2014 | 2:36 pm
    Anytime a state agency, such as the Florida Department of Revenue ("FL DOR") gets their hands on third party reporting, you can rest assured they will be coming after that industry in full force. In 2011, the FL DOR passed a law that required wholesalers of alcohol and tobacco to report all of their sales to retailers directly to the FL DOR. Being that the FL DOR knew what each convenience store, liquor store, restaurant, and bar bought by way of beer and cigarettes, they could easily compare them to the same retailer's sales tax returns. For those that the FL DOR suspected of underreporting…
  • Portable Toilets - What's the True Object of the Transaction?

    4 Nov 2014 | 8:17 am
    It never ceases to amaze me, the wide variety of companies that state agencies attempt to extort money from. Most states impose a sales tax on the sale or rental of tangible personal property. But what happens when the sale is part tangible personal property, part service ("known to the sales and use tax attorney as a "mixed transaction")? Is the entire transaction subject to tax? Many states take the incredibly helpful, "it depends" approach and look to an even more helpful "object of the transaction" test. In reality, it truly seems like state agencies and courts reach a conclusion and fill…
  • Amazon Fulfillment - Customer Convenience or Sales Tax Disaster

    23 Oct 2014 | 6:01 pm
    Now more than ever Amazon has been a one stop shop for many consumers. Not only can you buy just about anything you can think of on the Amazon website, but you can also receive lightning fast delivery of whatever you buy. Over the past few years, Amazon has taken their company to the next level. Now, in addition to selling items, Amazon provides a fulfillment service to online retailers. As Amazon puts it, their fulfillment business "helps you grow your online business by giving you access to Amazon's world-class fulfillment resources and expertise." Simply put, the online retailer sends…
  • Florida Motor Fuel Tax Audits on the Rise

    9 Oct 2014 | 3:50 pm
    Over the past few years the Florida Department of Revenue ("FDOR") has launched several new campaigns. About 2 years ago, the DOR gained the ability to access the data tracking all tobacco and alcohol items sold to retailers. Armed with third party data, the FDOR did several thousands of audits on those that sold tobacco or alcohol items. With the downturn in the economy, times are tough for the State of Florida and they are launching a similar campaign against auto dealers using DMV records. It was also brought to our attention that the DOR is launching a new campaign by training its…
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    New Jersey CPA Tax Lawyer Blog

  • Tax Court Grounds Law Firm's Travel Deduction for Use of Partner's Private Planes

    28 Nov 2014 | 7:49 am
    A law firm's claim of travel expense deductions related to one of its partners' use of two private aircraft fell apart because the firm lacked the proper documentation to prove that the flights were related to firm business. The US Tax Court's ruling in favor of the Internal Revenue Service stands as a stark reminder for taxpayers of all sizes about the need to keep clear, accurate, and contemporaneous expense records. The unsuccessful taxpayer was Engstrom, Lipscomb & Lack, APC, a prominent personal injury and class action law firm in Southern California. The firm's tax troubles arose after…
  • Tax Court Declares Woman's Art to Be a Business; Decision Hailed as Victory for All Artists

    15 Oct 2014 | 10:38 am
    In a ruling widely regarded as a success for artists of all varieties, from independent musicians to photographers and painters, the US Tax Court rejected an Internal Revenue Service decision that a well-respected painter and art professor's painting work was not an activity conducted for the purpose of making a profit. The court explained that the law looks at many factors for determining the nature of an activity, and the painter's clear proof of a business plan and maintenance of a "businesslike" record established that her painting was a for-profit activity. Susan Crile worked both as a…
  • Corporate Officer's Inability to Cash Bonus Check Trips Up Entity's Tax Deduction

    1 Oct 2014 | 10:13 am
    A corporation officer's handling of his year-end bonus check was a case of form over substance, the US Tax Court ruled, and that meant that the bonus payment was not eligible for a tax deduction for payments to corporate officers. The central problem was that the officer clearly did not have unrestricted control over his bonus payment, since the corporation did not had enough money in its bank account to cover the amount of the check. The dispute involved the corporate entity created by architect Robert Vanney. Vanney created Vanney Associates, Inc., a personal services C corporation, in…
  • Tax Code's Strict Rules Regarding Recreational Vehicles Stop Taxpayers' Business Deductions

    17 Sep 2014 | 10:35 am
    Sometimes, converting a beloved avocation into a business opportunity can be a master stroke. One California couple likely thought so when they began traveling to recreational vehicle events to sell RV insurance policies. Unfortunately, they could not deduct the expenses they incurred on their own RV because of the rules in the tax code. The US Tax Court upheld the Internal Revenue Service's deficiency ruling because, under the tax code's strict rules, the RV was a dwelling, and the couple used it for personal purposes for more than the allotted 14 days. Dellward Jackson owned and operated an…
  • Failed Cemetery Site Tax Shelter Leads to $187K Deficiency Assessment a Decade Later for Investors

    3 Sep 2014 | 10:40 am
    Charitable deductions can provide taxpayers with very valuable tax benefits in the form of larger deductions. In some case, though, when taxpayers invest in questionable tax deduction generating schemes, the drawbacks of these investments ultimately far outweigh the benefits. In one such instance, the US Tax Court recently upheld the Internal Revenue Service's assessment of deficiencies of a couple's 1996-99 tax returns, amounting to nearly $200,000. Even though the IRS notice of deficiency occurred more than a decade after the couple filed their returns, specific exceptions to the law's…
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    Securities Lawyer 101 – SEC Law & Direct Public Offering Attorneys

  • Going Public Blog l Securities Lawyer 101

    1 Jan 2101 | 6:23 am
    Going Public Lawyer  Securities Lawyer 101 Blog Going public is a big step for any company.  The process of “going public” is complex and at times precarious.  While going public offers many benefits it also comes with risks and quantities of regulations with which issuers must become familiar.   Despite the risks even in a down economy, the U.S. market remains one... Read MoreGoing Public Lawyer
  • Feds to Auction Silk Road Bitcoins Belonging to Ross William Ulbricht

    24 Nov 2014 | 1:36 pm
    Going Public LawyerLast week, the US Marshals Service announced that it will hold an auction on December 4, to sell 50,000 bitcoins that belong to Ross William Ulbricht.  Ulbricht is alleged to have operated the first Silk Road website that was often used for illegal activity including drug trafficking.  According to the US Marshals Service, Ulbricht had 114,000 bitcoins stored on his computers... Read MoreGoing Public Lawyer
  • Trends in Bitcoin Regulation

    24 Nov 2014 | 6:54 am
    Going Public LawyerSecurities Law Blog On October 27, 2014, FinCEN issued two administrative rulings to companies seeking guidance on whether a company would be required to register as an MSD as defined under the BSA and be subject to the required reporting, recordkeeping, and monitoring obligations.  In its first letter, it responded to whether a company’s plans to set up a virtual currency... Read MoreGoing Public Lawyer
  • SEC Charges Forum National Investments Executives and Promoters in Pump and Dump Scheme

    24 Nov 2014 | 6:24 am
    Going Public LawyerOn November 18, 2014, the Securities and Exchange Commission (“SEC”) charged Forum National Investments Ltd. (FMNL), a Canadian life settlement company, its CEO, and several associates with fraud committed in connection with a pump and dump scheme that artificially inflated the price of the company’s stock.  The events described in the agency’s civil complaint took place in 2012.  Under the... Read MoreGoing Public Lawyer
  • SEC Censures Crowdfunding Website for Selling to US Investors

    24 Nov 2014 | 2:47 am
    Going Public LawyerSecurities Law Blog On November 12, 2014, the Securities and Exchange Commission (the “SEC”) censured, a Cayman Islands-based crowdfunding website for its failure to implement procedures “reasonably designed” to prevent U.S. investors from using its funding portal as a means to invest in securities offerings. In May 2013, Eureeca, through its website (, started a securities-based, crowdfunding platform that... Read MoreGoing Public Lawyer
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    Dallas Justice » Criminal Law Blog

  • Texas Police Excessive Force: Concern Isn’t Just the Police Officer, It’s the Entire Police Department

    Michael Lowe
    26 Nov 2014 | 2:03 pm
    For the past two nights, there has been rioting in Ferguson, Missouri, in the aftermath of the grand jury determination not to bring charges against a police officer who used lethal force. That’s Missouri; what about police and lethal force here in Dallas and North Texas? Good question. 1. Dallas Web Site: Police Department’s Lethal Force Information This week, the Dallas Police Department debuted its new web site, DallasPolice, which provides the public with information about the use of the maximum kind of excessive force — lethal force — by Dallas police officers since 2003.
  • Trusting Prosecutors With Forensic Lab Evidence? Consider Harris County District Attorney: Notices Sent of 100s of Wrongful Convictions

    Michael Lowe
    19 Nov 2014 | 2:42 pm
    Here in Dallas County, the District Attorney’s Office is getting its very own forensics evidence lab set up smack dab in the courthouse. So convenient, right? We’ve posted on this development here (read the post) and others have voiced their concern over having the prosecutor so very-very-close to the evidence lab. Well, here’s more to ponder when considering prosecutors and forensic crime labs. Seems the Houston Press had an expose last month that is still being investigated, where the Harris County District Attorney’s Office knew that convictions were wrong, based upon forensics…
  • Want a Visa? Just Fake a Crime and No Deportation for You!

    Michael Lowe
    12 Nov 2014 | 1:38 pm
    Practicing criminal defense law here in Dallas, where I represent clients across the State of Texas, it’s not unusual for our offices to see folk who aren’t American citizens. However, there’s a growing problem brewing here in the United States that people need to know is happening. And this is real; it’s going on right now.  Here’s what I know. I’ve had several family violence assault cases on my defense docket which were really, really “iffy” that the prosecutor decided should be filed anyway. What is curious about these particular domestic assaults? First, the cases…
  • Dallas County Opens Digital Crime Lab: DA Snoops Your Cell Phone

    Michael Lowe
    5 Nov 2014 | 10:48 am
    There was an important news update out of Craig Watkins’ office that may have been overshadowed yesterday, what with all the November 2014 Election coverage and the scoop that Watkins lost his job to Republican challenger Susan Hawk. After all, there’s lots to ponder in Dallas criminal justice circles about what Hawk’s transition into the District Attorney’s spot will mean both for prosecutors and criminal defense lawyers here in the local Dallas area. Big changes, for sure. The IPhone 5S sells for as little as $99 and offers fingerprint access instead of a password.   New Dallas…
  • Will Media Coverage Finally Stop Government From Grabbing Your Property in Forfeiture?

    Michael Lowe
    29 Oct 2014 | 2:41 pm
     Finally, the public is waking up to the wrong that is civil forfeiture laws – something that we’ve been monitoring here since April 2010. There’s still lots to be done, but there is reason to be optimistic that the government’s ability to grab your property without any criminal wrongdoing even being alleged on your part may be stopped.   New York Times Expose Gets National Media Attention This week, there’s been lots of media coverage spring-boarding off of last Saturday’s New York Times expose by Shaila Dewan entitled, “Law Lets I.R.S. Seize Accounts on Suspicion, No…
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    South Florida Personal Injury Lawyers Blog

  • Tampa Court Holds Diversity Jurisdiction is Proper in Medical Malpractice Case Where Parties Were Fraudulently Joined

    Friedman, Rodman &#38; Frank, P.A.
    26 Nov 2014 | 12:30 pm
    In Byrnes v. Small, a Florida woman was allegedly injured in 2006 by a medical product that was implanted into her spine in a manner that was not approved by the nation’s Food and Drug Administration. In 2014, the allegedly injured woman filed a personal injury lawsuit against the company that designed, manufactured, and distributed the product that allegedly harmed her, her doctor, and his employer in a Florida state court. Soon afterward, the product manufacturer removed the woman’s case to the Middle District of Florida in Tampa based on diversity jurisdiction. Federal diversity…
  • Florida Federal Court Refuses to Dismiss Statutory Bad Faith Claim Arising Out of Broward County Car Accident

    Friedman, Rodman &#38; Frank, P.A.
    24 Nov 2014 | 12:44 pm
    In Eads v. Allstate Indemnity Co., a Florida woman was permanently injured when the motor vehicle she was traveling in was struck while stopped at a red light in Broward County. The unfortunate car accident apparently hurt at least seven people. Following the collision, the seriously harmed woman and six other individuals filed a personal injury claim against the automobile insurance company that provided liability coverage for the driver who negligently caused the traffic wreck. In response, the insurance company agreed to pay the injured parties a combined total of $20,000. As a result,…
  • Florida’s Fourth District Discusses Essential Elements of a Settlement Agreement in Tragic Auto Accident Case

    Friedman, Rodman &#38; Frank, P.A.
    20 Nov 2014 | 7:52 am
    In Thompson v. Estate of Maurice, a young man was unfortunately killed while riding as a passenger in an automobile. Following the collision, the decedent’s parents demanded payment from the liability insurance company that provided coverage for the vehicle. The letter included a settlement offer that expired in one month. The insurer responded with a counteroffer that was nearly identical but requested that the young man’s parents sign a release of all claims against the vehicle’s owner and the liability insurer as a condition of settlement. The release was never signed, and no money…
  • Appellate Court Holds Videotaped Depositions May be a Reimbursable Litigation Expense Under Florida Workers’ Compensation Statute

    Friedman, Rodman &#38; Frank, P.A.
    17 Nov 2014 | 7:50 am
    In Lane v. Workforce Business Services, Inc., a man sought benefits from his employer under Chapter 440 of the Florida Statutes after he suffered an injury at work. The hurt worker filed a petition seeking a determination regarding his entitlement to workers’ compensation benefits after his employer refused to compensate him for the harm he sustained in the workplace accident. Following extensive litigation, the man and his employer entered into an agreement that the employer would accept compensability for the man’s injuries. As part of the settlement agreement, the employer agreed to…
  • Florida Appeals Court Says Summary Judgment Was Not Proper in Car Accident Dispute

    Friedman, Rodman &#38; Frank, P.A.
    13 Nov 2014 | 10:16 am
    Florida’s Fourth District Court of Appeal has reversed and remanded a trial court’s order granting summary judgment in an insurance dispute. In Allstate Insurance Co. v. Manzo-Pianelli, a woman who was operating an insured motor vehicle with permission was involved in a car accident with another automobile. At the time of the collision, the owner of the vehicle carried a liability policy of $100,000 as well as a $1 million umbrella policy with another company. After the traffic wreck, the owner’s auto insurance company provided the policy limits to a woman who was seriously hurt in the…
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    Massachusetts Social Security Disability Lawyers Blog

  • SSDI Benefit Vetting Process Scrutinized

    27 Nov 2014 | 11:59 pm
    Disabled individuals applying for Social Security Disability benefits face myriad problems if their initial benefits claim is denied. Appealing becomes necessary, and it can take a year or so to even get a hearing. Once you finally get before an administrative law judge (ALJ), many claims are denied. Having a Boston disability lawyer represent you can give you the best chance of getting a claim approved. It remains a challenge to convince an ALJ to grant the benefits you need and deserve. Unfortunately, many politicians and pundits have repeatedly been attacking the Social Security Disability…
  • Understanding Your Social Security Disability Benefit Statements

    23 Nov 2014 | 11:56 pm
    In 2011 as part of a cost-saving measure, the Social Security Administration (SSA) discontinued mailing out annual benefits statements letting people know what they were entitled to receive from the SSA. Instead of mailing out the hard copies of the statements, the SSA would instead email copies. However, this decision was met with criticism by both consumer advocates and some members of congress who worried workers would not see the updates. In response to the criticism, the SSA resumed mailing paper statements in September, but only to certain people. Those who will receive paper copies of…
  • Social Security Disability a Lifeline for Boston Children Too

    18 Nov 2014 | 11:51 pm
    Many people attack the Social Security Disability Insurance benefits program because they claim too many people get benefits or take advantage of the program because they don't want to work. A Boston disability lawyer knows this is untrue and those who seek benefits do so because they cannot have jobs due to illness. They need money to support themselves and their families. When benefits are cut or access to benefits is further restricted, these disabled people pay the price and often cannot put food on the table or provide for their needs. What critics of the disability benefits system may…
  • Ponder v. Colvin: Insurance Coverage Periods in SSDI Cases

    15 Nov 2014 | 9:44 pm
    Ponder v. Colvin, an appeal from the United States Court of Appeals for the Eighth Circuit, involved a claimant who alleged she had been disabled since January of 2005. Her claim for total disability was based upon depression, anxiety, swelling in her hands and feet, joint deterioration, obesity, chronic obstructive pulmonary disease (COPD), insomnia, tissue pain, fatigue, complications from brain surgery, and other medical conditions. Claimant stated in her application she can only sit in a chair for less than 45 minutes due to knee pain and can only walk one city block before needing to…
  • Gieseke v. Colvin: On SSDI Hearing and Vocational Experts

    12 Nov 2014 | 9:34 pm
    Gieseke v. Colvin, an appeal from the United States Court of Appeals for the Eighth Circuit, involved a claimant who had a long history of low back pain that was aggravated by a workplace injury. The injury occurred in 2006. After completing physical therapy, claimant returned to work with certain activity restrictions. He left work in 2008 and had not worked since that time, when he applied for Social Security Disability Insurance (SSDI) with the United States Social Security Administration (SSA). Claimant listed lower back pain, dizziness and problems with one leg as conditions that…
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    Austin Immigration Lawyer Blog

  • President Obama's Executive Action on Immigration Still Leaves Millions Adrift in Uncertainty

    24 Nov 2014 | 6:46 am
    President Barack Obama followed through last week on his promise to execute executive authority on US immigration policy that would effectively provide almost 5 million undocumented immigrants with protection from deportation. The action came as very welcome and long-awaited relief for immigration advocates but it leaves a gaping chasm of uncertainty for the remaining 6 million to 7 million undocumented immigrants who are currently in the country regarding whether or not they will be allowed to stay. The announcement was bitter-sweet for advocacy groups and those they represent as they…
  • With the Threat of Deportation Hanging Over Their Heads, Families Have Difficulty Staying Together

    20 Nov 2014 | 1:38 am
    The reality of deportation is something that American citizens who were born and raised in the United States think little about. But that reality is all too pronounced for people like Sara Martinez who has been living in Brooklyn since 2005 when she and her husband and one of her two daughters came to the country from Ecuador on tourist visas. Her youngest daughter was born in the country after the family arrived and she and her husband sent their oldest daughter away to lives with friends outside of New York because they were concerned that immigration officials would find her and send her…
  • 2 Previous Presidents Who Acted Regarding Immigration Reform

    17 Nov 2014 | 12:35 am
    Over the last 30 years there have been two presidents who have taken unilateral action on immigration reform - Ronald Reagan and George H.W. Bush - by allowing so-called "amnesty" to the family members of undocumented immigrants. Fast forward to the current president who is on the verge of possibly - or as some believe, probably - taking the same action by exercising his executive power to ensure that millions of undocumented immigrants are protected from deportation. Things were much different back in the 1980s when Reagan and Bush made their respective moves. For one thing there was not…
  • Obama's Immigration Executive Action Q & A

    13 Nov 2014 | 6:05 am
    The country waits as President Barack Obama readies his series of executive actions which are expected to provide deportation relief to up to 5 million or more undocumented immigrants. As political analysts, the immigrants who would benefit from the actions, and the rest of the nation waits, there are many questions surrounding the President's perspective executive actions. Though the President has not yet announced his program, here we will take a look at some questions and answers based on information which has been reported in the media. Q: Who would benefit from the President's executive…
  • The Country Waits for Obama to Make a Move on Immigration

    10 Nov 2014 | 5:49 am
    The fight over the nation's immigration policy is heating up as the President promises to take executive action designed to help normalize the immigration statuses of millions of undocumented immigrants. Supporting him are millions of undocumented immigrants and their families, as well as much of the nation's democratic political leadership. Opposing the President's plan are many of the nation's Republican leaders and their supporters. The one of the key questions relating to President Barack Obama's plans to issue executive orders which will shield millions of undocumented immigrants from…
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    Health Care Law Blog

  • Physician Practices: The Independent Physician Outlook Survey

    25 Nov 2014 | 9:15 am
    The recently released 2015 Independent Physician Outlook Survey, entitled "Threats to Independence," explores the state of independence in the medical field from the physician perspective. The survey covers an array of topics and was conducted and prepared by ProCare Systems, a medical practice management consultant company. The healthcare industry is the focus of our Atlanta/Augusta, Georgia business law firm. In many business industries, the choice to be big versus small involves consideration of competing pros and cons. The healthcare industry is no exception. Physicians, as highly…
  • Health Care Fraud Report: DOJ Obtains $389M From DaVita Healthcare to Settle Medical Fraud Allegations

    28 Oct 2014 | 11:40 am
    The Department of Justice (DOJ) announced on October 22, 2014 a resolution of claims that DaVita Healthcare Partners, Inc., a provider of dialysis services, engaged in a referral and kickback scheme that violated the False Claims Act (FCA). The DOJ announced that DaVita has agreed to pay $350 million to settle the government's case. The Government's case was not proven and was only alleged. Liability was not determined prior to the settlement and DaVita has not been shown to have engaged in wrong doing. Our Atlanta and Augusta, Georgia business and health care law firm represents health care…
  • Blowing the Whistle in Court

    21 Oct 2014 | 8:52 am
    The vast majority of physicians and other health care providers endeavor to provide services and bill for them in an ethical, legal manner. Trust is at the core of the federal government's provider reimbursement scheme under Medicare and other federal health programs. The federal government relies upon health care providers submitting accurate and truthful claims. The fact that some health care providers have exploited federal health programs for illegal economic gain has resulted in laws intended to combat fraud and abuse, improve patient care and protect tax payer money. Currently, there is…
  • Michigan Bill Would Benefit Direct Primary Care Doctors

    30 Sep 2014 | 2:24 pm
    A Michigan legislator's bill, SB 1033, sponsored by Senator Patrick Colbeck, would benefit direct primary care doctors in that State, and the idea may warrant consideration in other States. The purpose of the bill is to provide physicians who convert their practice to a direct primary care model with the assurance that their medical practice will not be treated as an insurer regulated under state insurance regulations. Atlanta and Augusta, Georgia Physician Practice Law Firm Among other legal hurdles some physicians may face in developing a direct primary (or concierge) care practice model is…
  • Physician Practices: Recent Survey Reviews the Effects of Expanded Patient Access

    24 Sep 2014 | 4:13 am
    A well-intended objective of the Affordable Care Act (ACA) is to improve patient access to doctors. Sometimes this objective is artfully stated as "better" access to care, rather than "increased" access to care, perhaps to acknowledge the reality that as more patients become insured via the ACA, there may actually be less access to physicians. "Better" access may therefore be an argument that, even as an existing physician shortage worsens, new alternatives under the ACA nonetheless improve access to care for the population as a whole. For sure, millions of Americans have enrolled in new…
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    Pleasanton Business & Commercial Law Blog

  • Ninth Circuit Invalidates Arbitration Clause in Website's Terms of Use for Lack of Mutual Assent

    28 Nov 2014 | 1:27 pm
    Laws governing the formation of contracts, including the creation of an enforceable obligation, go back for centuries. The internet has changed many aspects of how businesses interact with their customers, but it has not changed the basic nature of contract formation. A California federal district court held that that an arbitration clause in a website's Terms of Use (TOU) was unenforceable because the defendant business did not make the plaintiff adequately aware of the clause. The clause therefore lacked mutual assent. Nguyen v. Barnes & Noble, Inc. ("Nguyen I"), No. 8:12-cv-0812, order…
  • Court Denies Discharge in Personal Bankruptcy Case, Finding that Transfer of Cash from Bank Account to Safe Deposit Box Had Fraudulent Intent

    14 Nov 2014 | 10:57 am
    A debtor in a Chapter 7 personal bankruptcy case argued that the court should discharge his debts over the objection of a creditor, which claimed that he transferred money before filing bankruptcy with fraudulent intent. The debtor claimed that the transfer, which involved withdrawing cash from a personal checking account and placing it in a safe deposit box, was necessary because of allegedly unlawful collection activities by the creditor. The bankruptcy court denied the discharge, and the Bankruptcy Appellate Panel (BAP) affirmed the ruling. In re Haag ("Haag 1"), Nos. AZ-11-1661,…
  • Corporate Shareholder May Be Held Personally Liable for Customs Violations, According to Federal Circuit

    30 Oct 2014 | 3:42 pm
    The Federal Circuit Court of Appeals issued a decision in September that could have significant implications for businesses involved in importing goods. The court allowed customs regulators to "pierce the corporate veil," which involves holding shareholders liable for acts of a corporation. U.S. Customs and Border Protection (CBP) claimed that a company, Trek Leather, Inc., failed to pay customs duties on goods that it had imported. The Court of International Trade (CIT) held Trek Leather and its sole shareholder, who also served as its president, jointly and severally liable for gross…
  • Lawsuits, Regulators Target Allegedly Deceptive Online Conduct by California Businesses

    15 Oct 2014 | 12:33 pm
    The internet offers a seemingly infinite number of ways for businesses to connect with current and potential customers, including directly via their own websites and various social media sites, as well as indirectly through customer review sites. This wealth of possibilities comes at the potential cost, however, of customers being deceived by fraudulent or misleading information, or by a failure to disclose conflicts of interests. Businesses who market their products and services online, people who write online reviews or endorsements of products, and companies that operate review websites…
  • New California Law Prohibits Homeowner Associations from Penalizing Homeowners Who Do Not Water Their Lawns During Droughts

    30 Sep 2014 | 1:17 pm
    California is experiencing a severe drought, which has resulted in substantial restrictions on water usage. This has led to a wide range of responses from homeowners looking to conserve water in regard to their landscaping. Some homeowners are replacing their lawns with hardier plants, gravel or sand, and other methods of xeriscaping. Other homeowners are simply allowing their lawns to go brown. A few homeowner associations (HOAs) around the state, however, have continued to enforce rules regarding lawn care and maintenance. HOAs can enforce their own rules, provided that they do not conflict…
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  • New York’s New Cell Phone Laws

    Matthew Weiss
    6 Nov 2014 | 6:44 am
    Using cellphone while driving Effective Saturday, November 8, 2014, the penalties and fines for tickets for illegally using a cell phone and texting-while-driving will increase. The new law increases the maximum fines for texting and talking while driving. The maximum fine for a first offense will increase from $150 to $200. For a second offense — committed within 18 months of the previous offense — fines will increase from $200 to $250. A third violation or subsequent violations committed within 18 months will increase from $400 to $450. For young drivers under 21 with junior licenses, a…
  • NYC’s 25 MPH Speed Limit

    Matthew Weiss
    15 Oct 2014 | 6:27 am
    Question:  When there are no speed signs posted on a New York City street or stretch of roadway, how fast can you drive?  If you answered 30 mph, you’d be right until November 7th.  On that date, the un-posted speed limit will be lowered to 25 mph.  (This new un-posted limit, of course, does not apply to NYC highways which have a default speed of 50 mph). The lower speed limit is part of Mayor Bill de Blasio’s campaign to make the streets safer, and is expected to reduce accidents, injuries and fatalities.  Meanwhile, motorists can expect routine enforcement of the new limit…
  • Nassau County Speed Camera Locations Revealed

    Matthew Weiss
    4 Sep 2014 | 1:22 pm
    Nassau County recently launched its speed cameras program.  In total, 56 speed cameras will be installed by October, one in each of Nassau’s school districts.  Nassau County Executive Edward Mangano predicts that the cameras will generate an estimated $25+ million each year. By law, the cameras can only operate during public school hours between 6:00 am and 7:00 pm.  Each violation of 10 mph or more over the posted speed limit will carry a $50 fine, and there will be a $25 penalty for failure to pay (meaning a grace is given to speeders between 1 and 9 mph over the limit). Below is a…
  • New York’s Red Light Camera Fines Among The Lowest In Country

    Matthew Weiss
    20 Aug 2014 | 6:45 am
    While no one likes receiving a red light camera ticket, there is one good thing about them.  In New York, they carry one of the lowest fines in the county … $50.00.  Compare this figure to other states in the chart below.   The other goods news is that they carry 0 points and do not affect your insurance rates. With that said, disobeying a red light is a very dangerous violation.  Motorists depend on other drivers to obey lights so that they can enter intersections without fear of being T-boned.  So whenever you approaching a changing light, err on the side of caution for…
  • Can An Out-Of-State Driver Take New York’s Driver Safety Class?

    Matthew Weiss
    6 Aug 2014 | 6:50 am
    We recently had a Florida resident that completed the New York defensive driving course.  He had a point problem in New York and, therefore, wanted to ensure that he received the appropriate credit for the class (i.e., that he received 4 points off his NY record). Our law office contacted the course provider who advised it will notify DMV only if the person has a New York Motorist ID number.  The trick is that, for an out-of-state motorist to have a New York Motorist ID number, he or she must first be convicted of, at least, one moving violation.  Upon conviction to a first offense,…
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    Spencers Solicitors Blog

  • Spencers Solicitors calls for businesses to take action on road safety

    Spencers Solicitors
    19 Nov 2014 | 8:28 am
    Spencers Solicitors are pleased to announce their support of Road Safety Week, in conjunction with Brake, the road safety charity. Road Safety Week is the UK's biggest road safety event, involving thousands of schools, businesses and community groups every year. This year's RSW runs from 17-23 November, and to mark the occasion, Spencers Solicitors held an office 'Bright Day' where the whole team wore their brightest and most florescent clothing to work, in an effort to raise funds and awareness for the charity. Staff from the firm have also signed up to the 'Brake Pledge' in order to help…
  • Sniffing out a Treatment for Spinal Cord Injury

    Spencers Solicitors
    11 Nov 2014 | 4:17 am
    Back in April I wrote a blog exploring the research that revealed how a tongue piercing could help people with spinal cord injuries. Since then I have kept a watchful eye out for new treatments or innovations that may offer help for those suffering from spinal cord injury. I was therefore thrilled to read the recent story of 40 year old Polish man Darek Fidyka, previously completely paralysed from the waist down, who has now been able to walk following years of research and pioneering surgery. Mr Fidyka's Story Four years ago a horrific knife attack left Mr Fidyka paralysed from the waist…
  • Ashgate Hospice Spooktacular 2014 Fundraising

    Spencers Solicitors
    31 Oct 2014 | 9:29 am
    On Friday 31st October, Spencers Solicitors took part in Ashgate Hospice's Spooktacular event where staff were encouraged to dress up in spooky Halloween costumes to raise money for their local hospice. Ashgate Hospice are an independent Chesterfield based charity that covers all of North Derbyshire, providing specialist palliative care to terminally ill adults and their families, maintaining best quality of life throughout illness. All their services are provided free of charge and £4.3 million must be raised annually from voluntary giving. Many local businesses in the Derbyshire area…
  • The short school walk - keeping your child safe

    Spencers Solicitors
    29 Oct 2014 | 9:49 am
    If you only live a short walk from your children's school, the day will inevitably come when they are trusted to undertake the short journey by themselves. As a parent, I understand that it can be difficult to let your children walk on their own to school, or even just to the bus stop, without constantly worrying about their safety. Charity Living Streets report that 44% of parents worry about their children's safety on the school run, but there are things that can be done to ensure their journey is as safe as possible. The benefits of walking to school Although it is natural to feel…
  • Spencers named among the top injury law firms in the Legal 500

    Spencers Solicitors
    21 Oct 2014 | 5:00 am
    Derbyshire based law firm Spencers Solicitors, have been named among the top personal injury practices in the region according to the 2014 edition of Legal 500. The Legal 500 is now in its 27th year of publication and is widely acknowledged as the world's largest legal reference on the leading law firms operating within the UK, with the 2014 edition being published on 10th October 2014. Spencers Solicitors are one of only thirteen practices in the East Midlands that received recommendation under the 'Claimant Personal Injury and Clinical Negligence' section with editorial comments of:…
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    White Plains Personal Injury Lawyer Blog


    4 Nov 2014 | 10:02 am
    An analysis of municipal workers salaries was reported in The Journal News on August 7, 2014 by Elizabeth Ganga. The conclusion of the analysis was that Westchester County employees are the highest paid County employees in the State in both the police positions and general government jobs. Among Town employees, Ramapo in Rockland County claims the top spot for employees' salaries. A report was made by the Empire Center for Public Policy on County and Municipal payrolls in New York. The report compares the different governments by category and within regions allowing taxpayers to see low…

    3 Nov 2014 | 7:21 am
    One of life's privileges is a license to drive. Many baby boomers have the problem of elder parents not wanting to stop driving. The main problem is most states, including New York, do not have mandatory retesting of elder drivers. Naturally, people in their 70's & 80's do not have the same reflexes as they once had. Older drivers cannot see, hear or react the same way. However, without mandatory retesting, no one knows if an elder person has the ability to keep driving. In an article in The Journal News on August 7, 2014, the author discussed that older drivers do not want to give up their…

    27 Oct 2014 | 2:23 pm
    Following up from my blog on the famous "switch from hell" GM Fiasco, Kenneth Feinberg, a compensation expert was hired by GM. In an article of May 3, 2014, in the Journal News, it was reported that he met with a Texas lawyer, Robert Hilliard who represents 53 families who say their relatives were killed in the crashes due to the switch defect. He also represents 273 injury victims, 63 of whom suffered "catastrophic" injuries. Mr. Hilliard represents victims who were injured before GM's Chapter 11 Bankruptcy reorganization in July, 2009, and most who were injured after the bankruptcy. GM is…

    21 Oct 2014 | 7:52 am
    Over the past year there have been dozens of articles about GM's faulty ignition switch. The ignition switch is implicated in 13 deaths as of June, 2014. Prior to 2013, the switch did not meet manufacturing specifications. The engineer spent so much time dealing with the part's technical issues that he referred to it in a 2002 memo as "the switch from hell". The engineer who prepared the report was Ray DeGiorgio who was in charge of the faulty ignition switch. This scenarios set up a great products liability case. A part of the GM vehicle was defective when using the vehicle for the purpose…

    25 Sep 2014 | 2:07 pm
    According to an article by Larry Copeland in the USA Today for The Journal News in May, 2014, highway crashes create an enormous toll on the lives of Americans. The National Highway Traffic Safety Administration calculates that the annual price tag for these crashes are $871 billion in economic losses in 2010. This number includes $277 billion in economic costs ($900 per person in the USA) and $594 billion in societal harm from loss of life and the pain and decreased quality of life from the injuries. The purpose of this article points out that the staggering societal costs of accidents…
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    Pinellas County Florida Criminal Lawyer Blog

  • Offender Gets Two Years in Jail for Refusing to Admit Wrongdoing as Part of Plea-Bargain Required Treatment Program

    Pawuk &#38; Pawuk, P.A.
    21 Nov 2014 | 5:00 am
    An accused sex offender’s failure to complete the terms of his plea deal landed him in jail for more than two years, and the trial court ruled that he willfully violated his probation. His argument that he did not fully understand the requirements of his plea deal did not win on appeal, since the 5th District Court of Appeal stated that he had only two options, which were to ask to withdraw the plea arrangement or to seek to have his sentence vacated, and since he did neither of these things, the probation violation ruling was proper. The outcome is a cautionary tale for anyone facing…
  • DUI: Refusal of Breath Test

    Pawuk &#38; Pawuk, P.A.
    14 Nov 2014 | 3:31 am
    Many Florida driver’s are unaware that by getting a Florida driver’s license, they are agreeing to consent to a breath test in a DUI investigation.  If you look at the very bottom of your driver’s license it says “Operation of a motor vehicle constitutes consent to any sobriety test required by law.”  In Florida driving is considered a “privilege” not a “right”.  What’s the difference you might ask?  All Americans have certain “rights”, the right to vote, the right to freedom of speech, the right to be free from…
  • Double Jeopardy Protection Doesn’t Shield Driver from Disclosure of Results of Blood Alcohol Test Taken by Hospital

    Pawuk &#38; Pawuk, P.A.
    12 Nov 2014 | 3:13 am
    A driver’s defense against the admission at trial of a hospital’s blood alcohol content measurement after he refused a law enforcement request to submit to a test was “unusual” but also ultimately unpersuasive. Both the trial court and the 2d District Court of Appeal rebuffed the driver’s double jeopardy claim, ruling that the license suspension punishment arising from the refusal stemmed from separate conduct than the criminal act of driving under the influence. When Charlotte County law enforcement officers arrived at the scene of an auto accident late at night…
  • Victim’s Preferences Don’t Necessarily Guide Punishment for Battery Charge

    Pawuk &#38; Pawuk, P.A.
    11 Nov 2014 | 12:16 pm
    A victim’s agreement to accept a payment of restitution from his attacker was not, by itself, enough to justify giving the attacker only probation and restitution when the crime would normally result in several years of imprisonment, according to a recent 2d District Court of Appeal ruling. These sentences of no jail time are sometimes permissible under the law, but success often means having a detailed knowledge of the law, since the accused must first get into the record enough proper evidence to support the argument that the victim’s need for the restitution money outweighs…
  • State Over-Charges Man Caught in Police Sting; Appeals Court Tosses Conviction on Two Charges

    Pawuk &#38; Pawuk, P.A.
    3 Nov 2014 | 11:08 am
    A man caught in a law enforcement sex crime sting was charged and convicted for his misdeed. The state, however, made the misstep of levelling three different criminal charges based on the same episode when two of the three crimes were subsumed within the third. Due to this error, the man’s lawyers persuaded the 2d District Court of Appeal to throw out two of three charges. Back in 2012, the Polk County Sheriff’s Office undertook the first of (so far) three undercover sex-sting operations named “Operation Cyber Child.” Law enforcement officers posted fake ads on…
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    Oakland Employment Lawyer Blog

  • Coast Guard Issues Safety Alert Following Accidental CO2 Discharge

    Liberty Law
    26 Nov 2014 | 12:31 pm
    Employers have a duty to maintain a safe work place for their employees. If they fail to do so, the employer can be held legally responsible for any injuries the employee suffers because due to a workplace injury. A workplace can include not only a fixed location, but also a moveable workplace, such as a ship, airplane, or anywhere else in which an employee is working. The U.S. Coast Guard recently issued a safety alert to remind ship workers about the importance of emergency systems. The safety alert was issued in response to an incident during an Uninspected Towing Vessel exam, which is an…
  • Can an employer or potential employer in California discriminate against me because I use medical marijuana?

    Liberty Law
    24 Nov 2014 | 12:28 pm
    Medical marijuana is a hotly debated issue in many areas of the country. For many patients with serious health issues, marijuana can help relieve a patient’s pain and suffering, can help relieve nausea, can increase appetite, relaxes muscles, decreases eye pressure, can help with seizures, and can decrease inflammation. Proponents of medical marijuana argue that it would greatly benefit some people with health problems and could provide much-needed tax money to cities and states. Opponents of medical marijuana argue that the medical benefits of marijuana haven’t been fully proven, and…
  • Capsized Boat near San Francisco Leaves Four Dead

    Liberty Law
    20 Nov 2014 | 7:16 am
    Earlier this month, three men and one woman died when a private fishing boat was capsized in the cold waters near Bodega Bay. The accident occurred on the opening day of crab season. The boat capsized after it was hit by a wave. One man onboard the boat survived by swimming to the rocky shoreline near the entrance to the harbor. He was rescued by a helicopter crew. None of the five people aboard the boat were wearing life vests. The people onboard the boat were recreational crabbers. They were part of a flotilla that was celebrating the start of the commercial and recreational crabbing…
  • Oakland’s New Paid Sick Leave Law

    Liberty Law
    17 Nov 2014 | 7:15 am
    America’s midterm elections this month have made national news, mainly reporting on a slew of members of Congress and Senators who got replaced or reelected. For many though, the local issues on the ballots actually impact their daily lives more than the national issues. One issue that was on the ballot in Oakland was paid sick leave from work. Oakland residents passed a ballot initiative called Proposition FF that allows workers to earn paid sick days, either five or nine, depending on the size of the employer. San Francisco already has such a policy. Currently, there are 56,000 private…
  • Lyft has First Fatality in Company History

    Liberty Law
    13 Nov 2014 | 6:00 am
    A tragic accident near Sacramento last weekend was the first fatality for popular ridesharing company Lyft. The accident occurred when a 24 year old man, who was a resident of West Sacramento, was returning home from Halloween in a Lyft vehicle. The driver of the Lyft vehicle, also from Sacramento, was driving at 60 miles an hour when he swerved to avoid a stalled Kia in the middle lane of the highway. He lost control of his 2014 Camry, which hit a tree, spun, and hit another tree. The second collision killed the passenger, who was sitting in the left rear seat. The Kia had been rear-ended by…
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    Sonoma County Criminal Lawyer Blog

  • SUV Plunges into Ravine, Leading to Seizure of Four Pounds of Marijuana

    13 Nov 2014 | 6:55 pm
    Earlier this month in Santa Rosa, police seized four pounds of marijuana near an SUV that had tumbled down into a ravine while attempting to evade the authorities. According to a report by the Press Democrat, police attempted to initiate a traffic stop after they observed the 38-year-old driver commit a traffic violation. Once the man pulled the SUV over on Highway 101, and the officer got out of his car to approach, the SUV sped off towards East First Street. The chase extended for about eight miles and lasted for approximately seven minutes before the police called off the chase because the…
  • 911 Call Leads to Huge Marijuana Bust in Santa Rosa

    4 Nov 2014 | 5:39 pm
    Earlier last month, police responded to a 911 call alerting them to a shooter and ended up arresting six people in a drug bust. According to a report by SFGate, Santa Rosa police received a call reporting a shooter near Finley and Fresno Avenues. Upon arriving at the scene, the police were met by a man who said he was at a neighbor's home trimming marijuana when a dispute arose over payment and shots were fired. Evidently, the man told police that he was with a number of other people over at a home on the 3700 block of Finley Avenue when the argument broke out. He fled and called police. When…
  • End of Marijuana Season Brings Increased Police Presence in Santa Rosa

    25 Oct 2014 | 5:29 am
    Earlier last month, sheriffs seized and destroyed almost 3,700 marijuana plants in a county-wide effort to reduce drug trafficking in the area. According to a report by the Press Democrat, the efforts of the Sheriff's Department coincided with the end of the marijuana season, when plants are larger, closer to harvest, and can easily be seen and smelled by neighbors, police, and thieves. Evidently, sheriffs seemed more interested in destroying the plants than they did in bringing the people responsible for their cultivation in. In most cases, officers would simply fly in, seize, and destroy…
  • Botched Home Invasion Leads to Several Charges for One Santa Rosa Man

    30 Sep 2014 | 5:36 pm
    Earlier this month in Rincon Valley, two men allegedly broke into a marijuana grower's home and attempted to ransack the indoor and outdoor gardens for pot. According to a report by the Press Democrat, the two men allegedly broke into the man's home around 1:00 in the morning. Evidently, they woke up the owner of the home, who left his room to confront the intruders in his underwear. He managed to chase one man out the front door, but that man allegedly turned around and shot at the homeowner before fleeing down the street. The homeowner then made his way back towards his home, when he saw…
  • Man Arrested for Santa Rosa Murder After Drug Deal Gone Bad

    17 Sep 2014 | 8:23 pm
    Earlier this week in Santa Rosa, a 35-year-old man was arrested and charged with first-degree murder for his involvement in the killing of a 21-year-old man in what police are describing as a drug deal gone bad. According to a report by the Press Democrat, the killing took place at the Vagabond Inn on Cleveland Avenue. Allegedly, the defendant and his accomplice showed up at the hotel room to purchase a large quantity of marijuana from the victim and his partner. For whatever reason, the defendant shot the victim several times in the torso during the deal and then left with the marijuana.
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    Massachusetts Estate Planning, Probate & Elder Law

  • What Are the 2015 Federal Estate and Gift Tax Filing Figures?

    Brian E. Barreira
    14 Nov 2014 | 2:42 pm
    The Internal Revenue Service has recently announced that in 2015 the federal estate tax exemption will rise from $5,340,000.00 to $5,430,000.00 per person. (Under current law, this figure is adjusted annually for inflation.) Married couples can get the benefit of two exemptions, so in 2015 the total federal estate tax exemption per couple can be $10,860,000.00. The top estate tax rate on amounts above the exemption is 40%. Under a new concept known as portability, the surviving spouse in some situations can use the unused exemption of the first spouse to die. Portability requires, in part,…
  • Potential Annuity Purchases by the Trustee Do Not Provide the Settlor of an Income-Only Irrevocable Trust with Access to Principal

    Brian E. Barreira
    22 May 2014 | 12:13 pm
    As noted in prior posts, many irrevocable trusts in Massachusetts are now under wrongful attack during the MassHealth application process by the Office of Medicaid. One of the more specious arguments brought forth by the Office of Medicaid has been that the Trustee could purchase an annuity and thereby provide the Settlor of the trust with access to principal. Unfortunately, the memorandum of the Office of Medicaid that is typically filed at MassHealth fair hearings betrays a fundamental ignorance of basic annuity principles and trust law. When a payment is received from an annuity, the…
  • A Life Estate in an Irrevocable Trust Should Not Cause the Trust to Be a Countable Asset for MassHealth Purposes

    Brian E. Barreira
    18 May 2014 | 11:07 am
    In the misleading, unfair and unbalanced memorandum entered into the fair hearing record at MassHealth trust denial cases, the Office of Medicaid usually takes a legally invalid view of life estates that are contained within trusts. The Office of Medicaid makes the specious argument that a life estate in a trust provides access to the principal of the trust, but makes that statement in a conclusory fashion, without explaining how that could possibly be. The position of the Office of Medicaid is directly contrary to what the Supreme Judicial Court wrote in Cohen v. Comm’r of the Div. of…
  • The Massachusetts Legislature Has Prohibited MassHealth Estate Recovery Against Trusts, and Therefore Knows About But Has Not Prohibited Their Use

    Brian E. Barreira
    18 May 2014 | 11:07 am
    Under federal Medicaid law, one state option available since 1993 has been to make post-death claims for estate recovery against trusts. In 2004, the Massachusetts legislature voted overwhelmingly not to allow estate recovery against trusts. Thus, the governmental branch in charge of changing laws in Massachusetts has not legislatively expressed its concern about the use of irrevocable trusts to qualify for MassHealth. Current MassHealth regulations require recovery from the probate estates of MassHealth members who received Medicaid while age 55 or over and those who, regardless of age,…
  • The Office of Medicaid Ignores that Trustees Have Fiduciary Duties to the Remainderpersons, and Cannot Use Powers to Skew Beneficial Interests

    Brian E. Barreira
    18 May 2014 | 11:06 am
    In the misleading, unfair and unbalanced memorandum entered into the fair hearing record at MassHealth trust denial cases, the Office of Medicaid usually takes a legally invalid view of Massachusetts trusts, and ignores the fiduciary duties of the trustee. As a fiduciary, a trustee has the dual duties of loyalty and impartiality. See Johnson v. Witkowski, 30 Mass. App. Ct. 697, 705 (1997), and more generally, Demoulas v. Demoulas Super Markets, Inc., 424 Mass. 501, at 528-529 (1997) quoting Judge Cardozo in Meinhard v. Salmon, 249 N.Y. 458, 4630464 (1928) “(n)ot honesty alone, but the…
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    Tampa Bay Injury Attorney Blog

  • 46.3 Million to Hit Roads Thanksgiving Weekend: Travel Smart, Stay Safe

    Whittel &#38; Melton, LLC
    26 Nov 2014 | 4:16 pm
    Gas prices across the country are at an average of $2.85 a gallon, which is the lowest cost for the entire year and down 43 cents from this time last year. According to AAA, travelers should anticipate more traffic on the roads as the Thanksgiving holiday approaches. AAA estimates that nearly 46.3 million people will travel a distance of at least 50 miles from home over the Thanksgiving weekend, Wednesday, Nov. 26 through Sunday, Nov. 30. This is a 4.2 percent increase from last year and the highest anticipated volume since 2007. According to AAA, around 90 percent of those travelling for the…
  • National Driver Survey Intends to Make Safer Roads and Drivers

    Whittel &#38; Melton, LLC
    20 Nov 2014 | 2:43 pm
    Researchers at the University of South Florida’s Center for Urban Transportation Research have been watching people drive as part of a national study on driver habits for the past few years. The goal of the study was to gather data on how people drive and the way they drive. In order to accomplish this goal, more than 3,000 people were studied nationwide, including more than 700 drivers in Tampa Bay. Their cars were equipped with front to back sensors and cameras to keep tabs on their every move, even down to the motion in a driver’s eyes, according to researchers. Participant…
  • Takata Airbag Recall Continues

    Whittel &#38; Melton, LLC
    14 Nov 2014 | 1:11 pm
    Takata Corporation, the Japanese maker of air bags used by auto manufacturers, is accused of selling faulty airbags to at least 11 different automakers dating back as far as 2001. The problem with these airbags is that they can rupture and spray shards of metal at drivers and front-seat passengers. The first reported airbag shrapnel ejection occurred in 2004, however, Takata apparently tried to conceal the incident and did not issue a recall until 2008. Further scrutiny by experts shows that in high-humidity environments, like the Tampa Bay area and the rest of Florida, moisture can seep…
  • McDonald’s Recalls Hello Kitty Toy in Happy Meals

    Whittel &#38; Melton, LLC
    11 Nov 2014 | 1:29 pm
    McDonald’s has issued a voluntary recall for 2.5 million Hello Kitty lollipop whistles after determining the toys pose a choking hazard to small children. According to reports, McDonald’s received two reports of children choking on pieces of the Hello Kitty Birthday Lollipop Whistles. One of the children did require hospitalization. The recall confirms that parts inside of the whistle can come loose and be inhaled by small children. In the United States, 2.3 million whistles were distributed, and 200,000 were distributed in Canada in October and November. The toys were included in…
  • Survey: Despite Knowing the Risks, Motorists Still Driving Distracted

    Whittel &#38; Melton, LLC
    7 Nov 2014 | 5:30 am
    While numerous safety campaigns and drivers’ personal experiences have made motorists more aware of the dangers that distracted driving poses, a recent survey has found that many adults do not fully appreciate the fact that distracted driving can greatly increase the risk of automobile accidents. The survey concluded that many adults continue to use their cellphones while driving, even though they know the dangers of doing so. The Harris Poll surveyed 2,045 adult drivers about their driving habits during May 2014. Of those adults surveyed, 94 percent said that sending texts while…
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    Minneapolis Personal Injury Law Blog

  • Premature births can be a form of birth injury

    On behalf of Rischmiller & Knippel LLP
    28 Nov 2014 | 5:51 am
    A premature birth is defined as any birth that occurs before the 37th week of gestation. A 2012 study sponsored by the Centers for Disease Control and Prevention found that 450,000 American babies were born prematurely that year. That is a staggering one out of every nine children born in the U.S. The reason why premature births are so troubling is because many of them result in death or injury to the child. That's because many of the body's major organs such as the liver, brain and lungs require the last few weeks of gestation in order to fully develop. There are also long-term neurological…
  • What will my no-fault car insurance pay after an auto accident?

    On behalf of Rischmiller & Knippel LLP
    20 Nov 2014 | 6:08 am
    In a previous blog post, we touched on some of the rationale behind Minnesota's no-fault car insurance statute. Put simply, the Minnesota legislature implemented the law in an effort to balance the immediate needs of injured motorists with the financial responsibilities held by insurers. The ultimate goal of no-fault car insurance is to quickly compensate injured motorists while not bankrupting insurers by allowing exorbitant claims. Currently, Minnesota law requires no-fault insurers to cover "reasonable" expenses related to medical treatment. Generally, your basic coverage for those medical…
  • Wristbands signify unity with victims of spinal cord injuries

    On behalf of Rischmiller & Knippel LLP
    13 Nov 2014 | 7:39 pm
    A Plainview, Minnesota, woman is using rubber wristbands to draw attention and show support for relatives killed and injured in a drunk driving accident. The woman says that she was in her car on Sept. 20, along with her nephew and son, when a drunk driver plowed into her vehicle. The woman's 9-year-old nephew died in the crash and her 7-year-old son was paralyzed from the waist down. The woman says the pair of cousins were best friends before the tragic accident took one of them away. The driver of the vehicle responsible for the accident is a 57-year-old man from Rochester, Minnesota. He…
  • New report suggests brain injuries may be fairly common

    On behalf of Rischmiller & Knippel LLP
    5 Nov 2014 | 4:28 pm
    A report released in September by the Minnesota Department of Health indicates that sports-related injuries may be occurring more frequently than previously believed. The report is based on a study that looked at 36 public high schools throughout the Twin Cities area. According to the study, athlete trainers reported that students suffered 2,974 concussions during the 2013-2014 school year that were attributed to sports-related brain injuries. Extrapolated from those statistics, concussions occurred throughout the schools surveyed at a rate of approximately 22 concussions per school. Although…
  • Understanding adverse events and medical malpractice claims

    On behalf of Rischmiller & Knippel LLP
    30 Oct 2014 | 5:38 pm
    In a previous blog post, we discussed how the simple act of engaging in routine surgery is never a guaranteed successful outcome. There are myriad ways in which even the most common of surgical procedures can leave a patient with permanent injuries or may even result in death. In some cases, these events may arise as completely unforeseeable events. However, far too often surgical complications and other patient injuries can be attributed to doctor or hospital errors. In medical parlance, actions that harm patients are known as adverse events. An example of such circumstances are wrong-site…
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    Harrison County Personal Injury Law Blog

  • Who can be held liable for a truck accident?

    On behalf of Carlile Law Firm LLP
    25 Nov 2014 | 10:52 am
    Tractor-trailers are an essential method of transporting goods around and across Texas. But the benefits of tractor-trailers do not come without a cost. One of the biggest costs comes from the size of tractor-trailers: These behemoths can deliver death and destruction to those unfortunate enough to collide with them. When that happens, Texans should not assume that they only have a cause of action against the truck driver. In many instances, the truck driver is just of one of the potential defendants; the driver's employer and insurance company, as well as others, may also be liable. But…
  • Sustained an oil-field injury? Get help

    On behalf of Carlile Law Firm LLP
    21 Nov 2014 | 6:45 am
    Texans work hard; they get the job done. But not every job goes off without a hitch. When that hitch turns into a serious personal injury, Texans have legal options. One is to file a personal-injury lawsuit (also known as a premises-liability suit when it involves an injury because property was not properly maintained -- e.g., slip-and-fall accidents). One location where plenty of injuries happen is the oil fields, both on and off shore. These fields -- though providing an essential resource -- are hazardous environments fraught with chemicals and moving parts. When negligence and human…
  • Burn injuries: more common than people think

    On behalf of Carlile Law Firm LLP
    13 Nov 2014 | 1:43 pm
    Life is a fragile thing. One day all is right with the world: a person is happy and healthy. The next day they are neither. When the worst happens, and a person's health is taken from them because of someone else's negligence, injured Texans may have legal options, including a personal injury lawsuit. Life can throw many impediments in a Texan's path. One is burn injuries. Burn injuries are more common than a person might think. In fact, hospitals and other clinics across the country treat nearly a half million-burn injuries per year. Of that nearly half a million, more than 3,000 of the…
  • What behaviors carry the greatest car-accident risks?

    On behalf of Carlile Law Firm LLP
    6 Nov 2014 | 10:08 am
    Car accidents are a fact of life. These unfortunate events touch many lives every year. When they do, it often comes at a great cost. But these costs can be reduced. Floridians can take steps to lessen their risks by avoiding some -- or, preferably, all - of the behaviors discussed in the following paragraphs. A big risk is alcohol. Nearly a third of all accident fatalities involved alcohol. In 2012, for example, more than 10,000 people lost their lives in an alcohol-related crash. Nearly as big a risk is speeding. Speeding took almost as many lives as alcohol in 2012 -- about 10,200 deaths…
  • Woman killed in chain-reaction car accident

    On behalf of Carlile Law Firm LLP
    3 Nov 2014 | 1:47 pm
    Texas police are investigating a chain-reaction accident between a pickup truck, a car and a semi-truck that cost a woman her life. The car accident began when a pickup truck lost some of its cargo. When the pickup pulled over to retrieve the plastic containers that had blown off its trailer, the car driven by the woman slowed down while the semi-truck behind her did not. The semi-truck smacked into the back of the woman's car, rolling up and on top of the car. The woman died at the scene. The semi-truck driver sustained injuries to his right arm. The pickup driver was not injured. No charges…
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    Tennessee Estate Law Blog

  • The Higgins Firm Wishes You a Happy Thanksgiving!

    Ryan Simmons
    25 Nov 2014 | 2:28 pm
    This time of year brings families together to enjoy food, fellowship, and maybe even a little football. Whether your Thanksgiving involves a small gathering of close friends or a large get-together with distant relatives, this is a time to be thankful for all of those loved ones in our lives. As you meet with your loved ones, it is a great opportunity to think about your estate plan. Being around your family may help you evaluate who would best serve in certain roles or who may need some extra protection in the future. While your estate plan may not be your first concern, having an estate…
  • Meeting with a Tennessee Probate Attorney

    Ryan Simmons
    12 Nov 2014 | 1:04 pm
    Recently, attorney Jim Higgins stopped by Nashville’s NewsChannel 5 Talk of the Town Extra to discuss some steps to take when meeting with a Tennessee probate attorney after a death. When a person passes away, you may not exactly know where to turn next. If you have been nominated as an executor of an estate, you understandably may feel overwhelmed with so much to do. Often an estate will need to go through the probate court to ensure that creditors are paid and assets are distributed. A Tennessee probate attorney can help you through the probate process. The video below discusses…
  • National Estate Planning Awareness Week

    Ryan Simmons
    21 Oct 2014 | 2:46 pm
    You have probably been told before that a day signified a certain nationwide event like National Donut Day or National Hot Dog Day. Often these days are used to celebrate and bring awareness to certain areas in life. The same goes for estate planning. October 20-26 marks this year’s National Estate Planning Awareness Week. While National Estate Planning Awareness Week does not sound like as much fun as National Donut Day, it does seem to hold much more importance. With upwards of 120 million Americans who are lacking an up-to-date estate plan to protect themselves or their families in the…
  • Fast Facts about Tennessee Probate

    Ryan Simmons
    14 Oct 2014 | 3:01 pm
    While the word “probate” encompasses a number of definitions, it is typically used to define the court process of transferring a decedent’s assets. Probate has seemingly gained a bad reputation in a number of states due to certain factors like the length of time and expense of a case. However, that reputation may be undeserving here in Tennessee. Every state has established different probate laws and procedures. The great thing about Tennessee is that often probate does not require the time or expense that it would require within other states. In in an effort to shorten the…
  • Preventing Family Feuds with Tennessee Estate Planning

    Ryan Simmons
    7 Oct 2014 | 12:27 pm
    In dealing with a tough family situation, many times stress and turmoil can become magnified causing even the closest of families to disagree on a number of issues. Whether it is disagreeing about the way an estate should be administered or who should be put in charge to handle a loved one’s finances, unfortunately these disagreements can have a lasting impact within a family. Parents may simply assume that any beneficiaries would get along and be on the same page if anything were to ever happen. However, any potential rifts can be prevented with proper estate planning. The following…
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    Maryland Divorce Lawyer Blog

  • Maryland Court Upholds Award of “Indefinite Alimony” to Wife

    Anthony A. Fatemi, LLC
    26 Nov 2014 | 6:17 am
    Every state in the country has the authority to enact laws governing marriage and divorce. Couples who initiate divorce proceedings will be subject to their state’s particular laws. It is important to understand the family code in your state, as well as the applicable laws that will likely affect the outcome of your case. The Maryland Family Code covers a multitude of issues, such as child custody, division of property, and spousal support, also known as alimony. In many family law cases, the amount of alimony to be awarded is a hotly contested issue. If you are considering a divorce, it…
  • Maryland Court Refused to Reduce Father’s Child Support Payments

    Anthony A. Fatemi, LLC
    12 Nov 2014 | 6:02 am
    Divorce is difficult. Couples seeking to dissolve their marriage will likely face some challenging and potentially divisive issues, such as child custody and support, alimony, and the division of marital property. Ideally, the parties will set aside their differences to address these important matters in an effort to move forward in their separate lives. Fortunately, Maryland family law governs many aspects of the process, affording the parties somewhat of a blueprint of what to expect as they proceed through their case. But how these laws apply to the unique circumstances of any one family…
  • Maryland Recognizes Same-Sex Marriage (and Divorce); Some States Don’t

    Anthony A. Fatemi, LLC
    28 Oct 2014 | 6:02 am
    State laws govern various aspects of marriage and divorce. Since each state has the authority to enact such laws, there are many differences, both procedural and substantive, throughout the country. Here in Maryland, in 2012, Governor Martin O’Malley signed Senate Bill 116, the Civil Marriage Protection Act, thereby legalizing same-sex civil marriage in the state. By doing so, Maryland became the eighth state in the country to legalize same-sex marriages. But not all states have taken the same initiative, leaving same-sex couples with certain obstacles with respect to marriage and…
  • Maryland Governor O’Malley Establishes Commission on Child Custody Decision Making

    Anthony A. Fatemi, LLC
    16 Oct 2014 | 2:17 pm
    Child custody disputes are arguably among the most emotionally charged issues a couple will face during a divorce proceeding. In many cases, both spouses approach the issue of child custody with the hope of spending as much time with their child as possible after the divorce. And while the typical scenario involves two parents who certainly want what is best for their children, they often end up in heated arguments over just what that means. Parenting arrangements can take various forms, and what works for one family may be something very different from what works for another. If you are…
  • Maryland Court Denied Husband’s Effort to Terminate Alimony

    Anthony A. Fatemi, LLC
    30 Sep 2014 | 12:37 pm
    Divorce affects each family in a unique way. In most cases, however, the parties will have to address and resolve many emotional and financial matters. Some of the more significant financial issues concern child support, spousal support, and the division of marital property. Depending on the circumstances, one party may be entitled to spousal support (also known as “alimony”) from the other. Couples contemplating divorce are encouraged to consult with an experienced family law attorney early in the proceedings in order to ensure that their financial rights are protected. Since divorce…
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    Houston Family Law Blog

  • Adopting or fostering in Texas: The basic requirements

    On behalf of Shriver & McLean, L.L.P.
    25 Nov 2014 | 12:11 pm
    The adoption system in Texas is a great way to start a family or to provide a stable home for a child. Becoming an adoptive parent can take time, and there is a large amount of paperwork you must provide to adoption agencies to become a foster or adoptive parent. The basic requirements of adoption or foster parents state that parents may be single or married. They need to be over 21 years old and be financially stable. The adults in question must be mature and be willing to share information regarding their lifestyles and backgrounds. References must be provided, and an application must be…
  • What kind of visitation rights can I have in Texas?

    On behalf of Shriver & McLean, L.L.P.
    20 Nov 2014 | 4:29 pm
    As a parent in Texas, you may be entitled to visitation rights instead of full child custody. What does that mean? Essentially, your child will live with the other parent and you have a right to reasonable visitation. That means that you and your ex-spouse need to come up with a reasonable plan of visitation time. If you are able to cooperate with your ex, then this is normally preferred by the court. If you aren't able to work together to make a plan, then the court may do so for you. The person who has actual full custody or main custody rights will have more influence over what's…
  • Beyoncé becomes a sister in latest news out of Texas

    On behalf of Shriver & McLean, L.L.P.
    13 Nov 2014 | 1:39 pm
    There are many reasons a person in Texas may need a paternity test. Maybe a man was wearing a condom during sexual intercourse, but a baby was still born and needs a father identified. Perhaps a woman isn't sure who the father of her child is, or the father wants to be certain that a child is his. Whatever the reason, a paternity test has enough accuracy to prove without doubt that a man is the father of a child. In your case, getting a DNA test can clear up a lot of questions about paternity and your rights. If you follow entertainment news in Texas, you probably have heard about Beyoncé's…
  • Prenuptial agreements: More than the protection of assets

    On behalf of Shriver & McLean, L.L.P.
    6 Nov 2014 | 11:18 am
    If you're like most people in Texas, you don't get married thinking that it will end up in a divorce. Unfortunately, people change and grow apart, and when that happens, you need to know that you're protected. If you have a prenuptial agreement, then you're already on the right track. If you're only getting married now, don't make the mistake of getting married without one. It's been shown that close to 40 percent of marriages end in divorce. With a prenuptial agreement, you can predetermine what items are premarital property, how you'll split up your assets if you get a divorce, and even…
  • Medical expenses and child support in Texas: Extraneous costs

    On behalf of Shriver & McLean, L.L.P.
    30 Oct 2014 | 4:01 pm
    When you're divorced in Texas, your child custody situation can determine much about your child's welfare. In some cases, you may find yourself asking what you are required to do if your child has uninsured medical expenses. Did you know that in addition to normal child support payments, parents have to pay for uninsured or un-reimbursed medical expenses? Medical expenses that may be uninsured include those that are not fully covered by insurance. That could include X-ray costs, co-pays, prescription costs, deductibles or dental visits if the child doesn't have dental insurance. In some…
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    Canton Social Security Disability Law Blog

  • Report find that some ALJs approved disability benefits too often

    On behalf of Marsh & Mittas Law Office, LLC
    26 Nov 2014 | 8:08 pm
    Though undoubtedly an important resource for disabled individuals throughout the nation, disability benefits such as Social Security Disability Insurance, available from the Social Security Administration, are not always easy to obtain. They are commonly denied upon initial application prompting applicants to have to appeal the decision. In some cases the benefits are approved on appeal.  The contents of a recent report could make it even more difficult to secure these monthly payments. The report, issued by the inspector general of the Social Security Administration, indicates that “a…
  • Asthma can have a serious impact on those diagnosed

    On behalf of Marsh & Mittas Law Office, LLC
    21 Nov 2014 | 2:46 pm
    The involuntary act of breathing is something many who reside in the state of Ohio likely take for granted. Those who are living with serious asthma however, may not. This is because its symptoms can be serious and if left unchecked it can lead to death. Asthma is a lung disease in which the airways of a person who is diagnosed with it, become inflamed. That inflammation causes the muscles around the airways to tighten, narrowing the airway. This is turn makes it more difficult to get air into the lungs. In some cases the situation is exacerbated by an increase in the amount of mucus made as…
  • Individuals disabled due to spinal injury may seek SSDI

    On behalf of Marsh & Mittas Law Office, LLC
    14 Nov 2014 | 1:49 pm
    There are many different types of physical injuries that someone might suffer in an accident. Perhaps one of the worst is an injury to the spine. This type of injury could leave someone paralyzed, unable to move various parts of their body. In injuries could be the result of hyperflexation, hyperextention, compression, dislocation, burst or fracture. The degree of paralysis will depend on what part of the spine suffered the trauma. Sacral Spinal Cord Injury S1 – S5: Someone who has suffered this type of spinal injury could find that he or she is either weak or paralyzed in the legs and…
  • Supplemental Security Income not just for kids

    On behalf of Marsh & Mittas Law Office, LLC
    7 Nov 2014 | 2:07 pm
    In out last post we wrote about Supplemental Security Income for children living with disabilities. These benefits are not only available to children. Certain adults can also apply for and receive these benefits which are derived from U.S. Treasury general funds. To qualify for these benefits the adult applying for them must reside in the United States and either be a citizen or in most cases, be a national. In addition the type of residence the person lives in will be taken into consideration and could prevent you from receiving the benefits. Not every disabled adult can secure SSI. To be…
  • SSI benefits available for some disabled children

    On behalf of Marsh & Mittas Law Office, LLC
    31 Oct 2014 | 6:28 am
    Adults are not the only ones who might be able to secure benefits for a disability. It is possible that children can receive them as well. Since children do not have a work record, they are eligible only for the Supplemental Security Income program. Unlike Social Security Disability Insurance which requires that an applicant have a work history of a certain length, SSI provides benefits to children from birth to the age of 18, if they meet certain requirements. First, the child must be blind or have a condition that meets the Social Security Administration’s definition of disabled. Second,…
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    Sacramento Injury Law Blog

  • Safety risks of texting while driving

    On behalf of Aiken & Jacobsen
    25 Nov 2014 | 1:21 pm
    Residents in California may benefit from learning more about the safety risks of texting and driving as described by the Federal Communications Commission. Several states already have laws that prohibit motorists from texting while driving. Parents are advised to provide teenagers with explicit instructions that forbid texting while driving. Many times, it only takes a few seconds of the driver's eyes leaving the road for an accident to occur. Statistics indicate that 11 percent of the motorists between 18 and 20 years old who survived a car accident admitted to being involved in texting when…
  • California accident leaves 1 dead, 6 injured

    On behalf of Aiken & Jacobsen
    18 Nov 2014 | 3:21 pm
    One man died in a Nov. 14 crash on a curved stretch of Highway 79 in Temecula that also resulted in injuries to six people, according to authorities. The wreck reportedly occurred when a pickup truck driver attempted to pass a tractor-trailer on the highway. As a result, three vehicles became involved in the crash. According to the California Highway Patrol, the accident happened at around 5:30 a.m. near Pauba Road. That is where the 67-year-old driver of an eastbound Toyota Tundra crossed over the roadway's centerline and hit a westbound PT Cruiser. The latter vehicle subsequently crashed…
  • California trick-or-treat night was scene of fatal hit-and-run

    On behalf of Aiken & Jacobsen
    12 Nov 2014 | 2:51 pm
    A 31-year-old man was driving a black SUV in Santa Ana when he hit three teenaged girls in a crosswalk who were out trick-or-treating on Oct. 31. The girls all died at the scene. According to a Santa Ana Police spokesperson, they were 13-year-old twins and a friend. The driver fled the scene of this fatal accident, but police picked him up two days later from a motel. He was held on $500,000 bail. Charges are pending the ensuing investigation and case review by the local district attorney. The man has a lengthy police record. At the time of this pedestrian accident, he allegedly had two…
  • Alleged DUI crash at railroad crossing kills architect

    On behalf of Aiken & Jacobsen
    4 Nov 2014 | 12:21 pm
    On Oct. 26, a 59-year-old California man reportedly died in an accident near Stockton. According to the California Highway Patrol, the 1:50 a.m. incident involved a drunk driver. The accident happened on Davis Road, where a driver of a 1991 Jeep purportedly hit a Chevrolet Cruze that was stopped at a railroad crossing. According to police, the Jeep did not decelerate as it approached the railroad crossing. The impact of the resulting collision caused the Chevrolet to go into a clockwise spin and crash into a railroad crossing gate arm. The driver of the Cruze, a well-known local architect and…
  • California man loses arm in potential drunk driver accident

    On behalf of Aiken & Jacobsen
    28 Oct 2014 | 5:51 pm