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Most Popular Stories
What skills do new lawyers need now—and what can wait? Database lets you search for answersABA Journal Daily News26 Jul 2016 | 10:14 am
Judge's Plea-Bargain Ban for Police Threats Raises EyebrowsLaw Blog26 Jul 2016 | 9:55 amA Texas judge has come under criticism for announcing on Facebook that his court would no longer allow defendants charged with threatening or endangering police officers from negotiating plea deals with prosecutors.
Use storytelling to impress during job interviewsPLI SmartBrief26 Jul 2016 | 7:08 amJob seekers should tell stories as they respond to questions at interviews, allowing them to express their capabilities and v�-More-�
Gotta regulate 'em all, cont'd: more on the law of Pokémon GoOverlawyered26 Jul 2016 | 3:05 amRep. Frank Pallone (D-N.J.), ranking member of the House Energy and Commerce Committee, has "fired off a letter along with two Democratic colleagues demanding Pokémon Go explain what it does about how much data its users use playing the game." [Ed Krayewski, Reason] "The Tax Aspects Of Pokémon Go" [Adam Thimmesch via Caron/TaxProf]. "How Pokémon GO Players Could Run Into Real-Life Legal Problems" [Brian Wassom, Hollywood Reporter] The U.S. Border Patrol briefly detained two teenagers from Alberta, Canada, who inadvertently crossed over into Montana in…
50 years later, Freedom of Information Act still chipping away at government's secretive cultureABA Journal Magazine Stories1 Jul 2016 | 2:30 am
ABA Journal Daily News
What skills do new lawyers need now—and what can wait? Database lets you search for answers26 Jul 2016 | 10:14 am
Prosecutors drop charges against activists who made undercover Planned Parenthood videos26 Jul 2016 | 9:32 am
ABA urges Supreme Court to apply ruling limiting laches defense to patent cases26 Jul 2016 | 8:00 am
Law Blog
Judge's Plea-Bargain Ban for Police Threats Raises Eyebrows26 Jul 2016 | 9:55 amA Texas judge has come under criticism for announcing on Facebook that his court would no longer allow defendants charged with threatening or endangering police officers from negotiating plea deals with prosecutors.
AM Roundup: Malaysia Won't Interfere With 1MDB Legal Action26 Jul 2016 | 5:21 amLaw Blog rounds up the morning's legal news.
Bitcoin Isn't Money, Florida Judge Rules25 Jul 2016 | 2:02 pmThe verdict on the virtual currency came in a ruling Monday in a Miami money-laundering case.
PLI SmartBrief
Use storytelling to impress during job interviews26 Jul 2016 | 7:08 amJob seekers should tell stories as they respond to questions at interviews, allowing them to express their capabilities and v�-More-�
OFR: Brexit could undercut US financial stability for years26 Jul 2016 | 7:08 amThe UK vote to withdraw from the EU is "a negative shock to investor confidence" that has increased risk to the stability of �-More-�
Fed reportedly to penalize Goldman for data theft26 Jul 2016 | 7:08 amThe Federal Reserve is poised to initiate enforcement action against Goldman Sachs for its role in the theft of sensitive inf�-More-�
Companies accumulating cash at a faster rate26 Jul 2016 | 7:08 amCompanies began hoarding cash in the second quarter at a much faster pace than in the previous one and are expected to accumu�-More-�
Upsurge in Number of Immigration Proceedings Calls for Increase in Trained Attorneys26 Jul 2016 | 7:08 amWith more than 300,000 deportation and removal cases handled by US immigration authorities each year, immigrants in the US ar�-More-�
Gotta regulate 'em all, cont'd: more on the law of Pokémon Go26 Jul 2016 | 3:05 amRep. Frank Pallone (D-N.J.), ranking member of the House Energy and Commerce Committee, has "fired off a letter along with two Democratic colleagues demanding Pokémon Go explain what it does about how much data its users use playing the game." [Ed Krayewski, Reason] "The Tax Aspects Of Pokémon Go" [Adam Thimmesch via Caron/TaxProf]. "How Pokémon GO Players Could Run Into Real-Life Legal Problems" [Brian Wassom, Hollywood Reporter] The U.S. Border Patrol briefly detained two teenagers from Alberta, Canada, who inadvertently crossed over into Montana in search of the imaginary creatures [AP/CTV]. Earlier on the Pokémon Go craze here; way back when we covered controversies involving Pokemon trading cards...
An agency authorized to propose rescinding other agencies' regulations?25 Jul 2016 | 9:19 pmMissed this post by Mike Rappaport back in December based on an idea he describes in Cato's Regulation: The idea is to establish an administrative agency with the power to deregulate – to identify undesirable regulations passed by other agencies and to repeal those regulations. … For example, this deregulatory agency could identify an environmental regulation that is particularly problematic and attempt to repeal it. Ultimately, the EPA might object to this action and the President would have to decide the matter. If Presidents, including pro-regulation Presidents like Obama, get to decide the issue, would the deregulatory agency have any effect? The likely answer to the final question is "yes, at...
Medical roundup25 Jul 2016 | 9:05 pm

"Here's how lawmakers want to fix our kidney shortage" [Robert Gebelhoff, ideas of Sally Satel and others; Alex Tabarrok on Rep. Matt Cartwright (D-Pa.)'s proposed Organ Donor Clarification Act]

AMA: Lawyer ads stirring up pharmaceutical litigation are scaring viewers into going off needed medications [Jessica Karmasek, Forbes]

How does Cuba score such good infant health data? Fudging statistics, jailing truth-tellers helps [video, Free To Choose TV, "Dead Wrong" with Johan Norberg]

Per Swedish study, lottery winners do not get healthier after their windfalls. Some implications about health care and inequality? [Alex Tabarrok]

Really, AMA: declaring shootings a public health crisis at best a...

Bad things keep happening to him25 Jul 2016 | 3:08 am"Bronx 'professional plaintiff' has worked for 11 companies since 2007 and has sued every single one" [New York Post] "Maor's [wage-and-hour] suits have all been filed as class actions in which he sought damages on behalf of himself and up to 450-plus co-workers at a time." Tags: NYC, restaurants, wage and hour suits Bad things keep happening to him is a post from Overlawyered - Chronicling the high cost of our legal system
Fixing a device or machine? Watch out for DMCA24 Jul 2016 | 9:15 pmMissed this one from January: "Before I Can Fix This Tractor, We Have to Fix Copyright Law." Section 1201 of the Digital Millennium Copyright Act makes it surprisingly complicated as a legal matter to perform repairs on software-containing products [Kyle Wiens, Slate] Tags: copyright Fixing a device or machine? Watch out for DMCA is a post from Overlawyered - Chronicling the high cost of our legal system
ABA Journal Magazine Stories
50 years later, Freedom of Information Act still chipping away at government's secretive culture1 Jul 2016 | 2:30 am
Legal challenges over online reviews seek to separate fact from fiction1 Jul 2016 | 2:20 am
Letters: We can work it out1 Jul 2016 | 2:10 am
Solo Practice University®
Be Proud You Are A Bootstrapping Solo25 Jul 2016 | 5:00 amSometimes, getting handed what you want without earning it will leave you feeling empty and with nothing to aspire to. It may sound great, but be careful what you wish for.Written by Susan Cartier Liebel
How Can You Ethically Share Legal Fees With a Lawyer Who Works Outside of Your Firm?21 Jul 2016 | 4:56 amWhen you agree to a referral fee, are you doing so ethically, and is your agreement enforceable? Read on and find out.Written by Allison Wood
Want to Charge Higher Fees? Offer Credit Card Payments.19 Jul 2016 | 5:00 amWhen it comes to credit cards, it's well established in the field of behavioral economics that people who use plastic are unconsciously willing to spend more than those who pay with cash, a phenomenon known as the "credit card premium." But there are a few other important behaviors you need to know which will help you retain clients easier if you accept credit cards.Written by Susan Cartier Liebel
Paying In Cash? You're Overpaying18 Jul 2016 | 5:00 amI know. It's a strange title. Having cash is always good. However, using cash to buy what you need isn't always the best. Let me explain.Written by Susan Cartier Liebel
Serving the 21st Century Client Through Technology – Guest Lecture with Nicole Black13 Jul 2016 | 4:00 amNicole Black is the tech evangelist for MyCase. But long before she enjoyed her new position, she was a tech geek and advocate for tech in the legal space. The 21st legal consumer is different and their client service expectations are very different. If you don't know how to reach them, they are going to move on to the lawyer who does. Today, Nicole and I discuss reaching the 21st century client through technology. Learn how to be the lawyer the 21st century legal consumer will come to again, and again.Written by Susan Cartier Liebel
Above the Law
Tax Firm Power Rankings26 Jul 2016 | 12:31 pmIt's election season, and that means we're going to get a lot of people bemoaning the "length" of the tax code. But you know who actually has to read all of it? Tax Lawyers, that's who. And they know why it's so long too...
Florida Judge Gives Money Launderers A 'How-To Guide' To Getting Around Money Laundering Charges26 Jul 2016 | 12:17 pmMichell Espinoza knows what we're talking about.
Democracy And Law Firm Leadership26 Jul 2016 | 11:45 amColumnist David Perla speaks with three law firm heads about different leadership models.
Simple Justice
If Only Cops Were More Like Customer Service Represenatives26 Jul 2016 | 5:19 amThat people are searching for solutions to improve the relationship between police and the public is good. Better than good. Great. But that doesn't mean any idea that fits inside a fortune cookie is worthy of serious consideration, even if it is, apparently, worthy of space on the pages of the New York Times.* Beginning with the requisite anecdote, this one about Stockton, California and its police chief, Eric Jones, building "public trust," former Times editorial board member Tina Rosenberg Timesspslains "a strategy to build police-citizen trust." Stockton is one of six American cities taking part in a new experimentfunded by the Department of Justice. (The others are Birmingham, Ala.; Pittsburgh; Gary,...
Judge John Kane: The Penile Plethysmograph Is Nuts26 Jul 2016 | 4:19 amThe plea agreement was contingent upon whether a state court conviction for child pornography compelled a mandatory minimum of ten years. When the 10th Circuit held it did, District of Colorado Senior Judge John Kane's hands were tied. He sentenced Shawn Cheever to the ten year mandatory minimum, and explained in detail why it was the wrong sentence and defied the mandate of § 3553(a). Section 3553(a) provides evaluative criteria to achieve balance between the order of society intended to be protected by punishment and the utilitarian view that every human being must be afforded dignity. The stated criteria often clash and not all apply in every case, but they demand individuated considerations: No...
But Is It Leprosy?25 Jul 2016 | 5:19 amCommenter: Seems to me she has leprosy. Does she have leprosy? Me: What makes you think she has leprosy? Commenter: I don't know. That's why I asked you. Don't do this. I get it. You have no clue what you're talking about. Some random idea pops into your head, lacking any basis in reality, but there it is. Now you want to know whether your random thought is true, so you ask a question. You feel this need to let this question out. If you don't let it out, you feel like you will burst. So out it comes. Don't do this. There is no limit to the random ideas that pop into people's heads. Most are not good ideas. Just because you're special does not mean your random ideas are better than anyone else's. Ask...
Law and Magic Blog
Does This Photo Show a Ghost?17 Jul 2016 | 7:59 pmSeeker presents an image that has gone viral and that some believe shows a spirit leaving the body of an accident victim as he dies. The writer notes that the victim hadn't yet died when the image was taken (thus when the blur that some viewers think is the spirit appears). So, why the blur? Is the spirit just leaving early but still hanging around, waiting because it "knows" the outcome is bad and plans on leaving but waiting around to see what happens, like some kind of dematerialized looky-loo? Kind of rude, I think. I would want my spirit to stay until the very end, and then turn out the lights and lock up. Also, how does the spirit know whether the docs at the hospital might not pull off a miracle?...
Penn and Teller: Fool Us! Returns For Another Season13 Jul 2016 | 6:37 amThe new season of Penn and Teller: Fool Us! premieres July 13 on the CW at 8 p.m., 7 Central time. Alyson Hannigan is the new host. Houdini and I will be watching; not so sure about Penn. He's not such a big fan of TV; he prefers watching videos on the laptop. (The late, lamented furry Teller will be with us in feline spirit). Teller, whose vanishing act was quite amazing, especially right before a visit to the vet.
"Right Up To the Point When the Ghosts Show Up"11 Jul 2016 | 11:50 amReal life physicists (from MIT, no less) are behind the film science in the reboot of Ghostbusters. More here from Wired.
What About Paris?
John Irving on Editing.25 Jul 2016 | 9:47 amHalf my life is an act of revision. --John Irving (1942-)
Don't get hysterical about POTUS elections: November 2016 will be our 58th time.24 Jul 2016 | 1:53 pmATTENTION Family, Friends, Clients, Coworkers, Fellow Duke Alums, Ex-Girlfriends, Squash Partners: 1. Every 4 years for the last 227 years, America's gone through the exact same POTUS election hysterics as you are now seeing on television & social media. 2. No remaining candidate for America's presidency in the 2016 elections will destroy the USA or the World. 3. That is all. FDR in his 30s
The Last Boomer: "It was the rock 'n' roll, mate".23 Jul 2016 | 7:34 pmI see them in the streets I see them in the field I hear them shouting under my feet And I know it's got to be real. Oh, Lord, deliver me All the wrong I've done You can deliver me, Lord I only wanted to have some fun. --Blind Willie Johnson Even if he or she had been a head of state or Nobel laureate, I predict that the last thing the Last Baby Boomer says is this: "The best part? That's easy. It was the rock 'n' roll, mate". This year I am thankful for Jimmy Page. When England's best session guitarist finally chucked the Yardbirds, not as many people believed that fellow ex-Yardbird "Eric Clapton is God", and 4 guys started writing and playing about everything from femme fatales to The Rapture or...
How Appealing
Programming note26 Jul 2016 | 7:40 amProgramming note: Additional posts will appear here tonight.
"Chevron Deference and the Proposed 'Separation of Powers Restoration Act of 2016': A Sign of the Times."26 Jul 2016 | 6:40 am"Chevron Deference and the Proposed 'Separation of Powers Restoration Act of 2016': A Sign of the Times." Law professor Vikram David Amar has this essay today at Justia.com's "Verdict."
"Scott Walker Just Put An Insane Person On His State's Supreme Court"26 Jul 2016 | 6:36 am"Scott Walker Just Put An Insane Person On His State's Supreme Court": Ian Millhiser has this post online at ThinkProgress.
Seeking Efficient Enlightenment
Unpleasant truths9 Jul 2016 | 5:23 amKrishnamurthi said "it is better to say nothing, unless you're quite sure that what you wish to say is true, kind and helpful." But from whose perspective do we assess if the true thing is kind and helpful? We sometimes think our good friend or family member needs to hear an unpleasant truth. But most people don't want to hear unpleasant truths. They don't see that unpleasant truth for a reason. So why stir the pot? If you tell someone an unpleasant truth they'll often attack you. They certainly won't feel like you've been kind. Or helpful. To them kindness means letting them believe whatever they're already inclined to believe. And don't try to explain that most beliefs are formed by years of...
The origins of psychological mass manipulation21 Jun 2016 | 1:51 pmWe all know about Sigmund Freud's influence. We know that he was a pioneer in helping us understand the role of the unconscious in everyday decision-making. But did you know about his nephew Edward Bernays? Watch the first 10 minutes of this documentary and you'll learn that Bernays was the creator of the field of public relations. Bernays was also involved in wartime propaganda during World War I. This documentary will provide disturbing insight, which fortunately (for the mass media, and our "leaders") most people will not stumble into.
Fame is probably not good for your health7 Jun 2016 | 12:04 pmMainstream media doesn't help us understand what it's like to be famous. Some famous people are thoughtful, but which ones? It's hard to figure out just by watching TV. But podcast interviews like the one Tim Ferriss had with actor Edward Norton are helpful, and fascinating. In the interview Norton comes across as obviously sincere, and thoughtful. I appreciated his book and movie recommendations, but the reference to an essay by Tennessee Williams called The Catastrophe of Success was the most stirring. Here's an insightful quote from that article: "The sort of life that I had had previous to [my popularity] was one that required endurance, a life of clawing and scratching along a sheer surface and...
Re Connecting the dots: Why I continue to despair24 Jul 2016 | 7:48 pmThe new issue of The Nation, a magazine to which I've subscribed for at least 35 years (and have published in over many of those years) has a "special convention issue" with the overall title, on the cover, "We Still Need a Future to Believe in: �How to Build the Political Revolution," which involves relatively short pieces by 24 "activists and leaders." �Today's New York Times Magazine has a very interesting article�about what sounds like an altogether admirable group pushing a left-wing agenda on Hillary Clinton. �The key document of the group, the Roosevelt Institute, is a document "Rewriting the Rules of the American Economy," one of shoe major authors is the completely commendable Nobel Prize-winning...
Rendering unto God and Caesar: Reflections on the Republican Platform23 Jul 2016 | 4:04 pmFrom the Republican Party Platform:We are the party of the Declaration of Independence and the Constitution. The Declaration sets forth the fundamental precepts of American government: That God bestows certain inalienable rights on every individual, thus producing human equality; that government exists first and foremost to protect those inalienable rights; that man-made law must be consistent with God-given, natural rights; and that if God-given, natural, inalienable rights come in conflict with government, court, or human-granted rights, God-given, natural, inalienable rights always prevail; that there is a moral law recognized as "the Laws of Nature and of Nature's God"; and that American...
Trump and American Moral Leadership23 Jul 2016 | 7:36 amIt has been a staple of presidential rhetoric, on both sides of the aisle, to hold up the American example as a model for others (even though there is of course disagreement about the degree to which the United States lives up to its own values). So it was striking this week to read Donald J. Trump's response in a New York Times interview to a question about Turkish President Recep Tayyip Erdogan's detention of tens of thousands of Turkish citizens.Here's an excerpt:SANGER: Erdogan put nearly 50,000 people in jail or suspend them, suspended thousands of teachers, he imprisoned many in the military and the police, he dismissed a lot of the judiciary. Does this worry you? And would you rather deal with a...
"Why did Hillary get rid of her middle name?... Hillary 'Rotten' Clinton... It's too close."26 Jul 2016 | 8:11 amTrump didn't originate that —�I can see Mark Levin using it back in 2007 —�but I hadn't noticed it before Trump's little routine (which has some pretty expert comic timing, I think).� Here's Scott Adams talking about it today: "Rotten cleverly incorporates all of Trump's best labels for Clinton, including 'crooked' and 'no stamina.'"
"To the Bernie-or-bust people: You're being ridiculous."26 Jul 2016 | 6:22 amLet's talk about what Sarah Silverman said. Here's my set of observations:1. Silverman was not calling all Bernie people ridiculous, only the "Bernie or bust" people —�only those who are so dedicated to a lost dream that they won't see the clear task at hand and do what needs to be done. 2. Silverman was ad libbing, not following a script. She and Al Franken had been told to stretch it, because for some reason the next person — it turned out to be Paul Simon —�was not yet ready to take the stage. So we got something actually spontaneous. That's refreshing. Interestingly, it's something Donald Trump does all the time: Come out with unscripted expressions of his reaction to what's happening in the room...
If Donald Trump showed equivalent disrespect for the rule of law, he would be lambasted, but Bernie Sanders can say...26 Jul 2016 | 5:29 am"Hillary Clinton will nominate justices to the Supreme Court who are prepared to overturn Citizens United and end the movement toward oligarchy in this country. Her Supreme Court appointments will also defend a woman's right to choose, workers' rights, the rights of the LGBT community, the needs of minorities and immigrants and the government's ability to protect the environment."And you don't hear a peep.And I don't mean "peep" in the sense of "My Southern Baptist peeps would draw a big difference between a Jew and an atheist."And if you don't understand what I'm referring to by the shorthand in the post title, let me remind you of the way every Supreme Court nominee since the Bork debacle has...
Concurring Opinions
University of Toronto Law Journal – Volume 66, Number 3, Summer 201625 Jul 2016 | 8:48 amUniversity of Toronto Law Journal – Volume 66, Number 3, Summer 2016 FOCUS FEATURE: THE FUTURE OF LAW AND DEVELOPMENT In this focus feature, David Trubek and Michael Trebilcock present an assessment of the past forty years of the law and development movement and map the challenges that lie ahead. While law and development research today seems to be on more solid ground than it was in the late 1960s and early 1970s, it is still at risk of facing a second demise. The recent revival of the law and development movement has been marked by a research agenda increasingly attuned to the importance of local context. On the one hand, contextualization has countered the ethnocentric analysis produced in the Global...
FAN 117.3 (First Amendment News) University of Cape Town Disinvites Flemming Rose — Nadine Strossen Dissents25 Jul 2016 | 4:13 amIn the classic expression of freedom of speech and assembly, UCT's policy is that our members will enjoy freedom to explore ideas, to express these and to assemble peacefully. The annual TB Davie Memorial Lecture on academic freedom was established by UCT students to commemorate the work of Thomas Benjamin Davie, vice-chancellor of the university from 1948 to 1955 and a defender of the principles of academic freedom. Organised by the Academic Freedom Committee, the lecture is delivered by distinguished speakers who are invited to speak on a theme related to academic and human freedom. * * * * Note: Below is a heretofore unpublished letter from Professor Nadine Strossen. This coming Wednesday FAN will...
Innovations in the Law22 Jul 2016 | 5:56 pmI've just finished reading Robert J. Gordon's excellent book on The Rise and Fall of American Growth. Gordon's thesis is that economic growth has slowed in recent decades because the pace of technological innovation has slowed from the 1870-1970 period. In essence, his claim is that great inventions of the past (electricity, indoor plumbing, the car, antibiotics) were much more crucial to raising our standard of living than the more recent improvements of the Information Age. This got me thinking about a related question in law. To what extent has the pace of legal innovation slowed in recent decades? In other words, most of the big ideas in law are quite old (judicial review, patents,...
Sui Generis-a New York Law Blog
Pokemon Go: It's Here And Law Enforcement Needs To Be Aware Of It15 Jul 2016 | 5:41 amHere is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Pokemon Go: It's Here And Law Enforcement Needs To Be Aware Of It Pokemon Go. You've heard about it but likely have no idea what it is or why so many people are wandering around in circles in front of statues babbling about gyms, Pokestops, and "powering up." Here's the low down. It's an augmented reality smartphone app that was released in the United States a little over a week ago and since that time it's been downloaded more than twice as many times as Tinder and its user numbers are quickly catching up to Twitter's. This app overlays an augmented map over your location and overlays...
Supreme Court of New Mexico on judges using social media28 Jun 2016 | 8:38 amHere is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Supreme Court Of New Mexico On Judges Using Social Media Judges and social media: according to most judicial ethics commissions, it's a dicey proposition that doesn't always work out well for judges. As I've discussed in past columns, more often than not, judges are chastised by judicial ethics commissions for their online interactions. In many cases, the conclusions are based on knee jerk reactions to "newfangled technology" and are grounded in an inherent misunderstanding of the nature of online platforms and interactions. Such is the case with the Supreme Court of New Mexico's decision...
The Stalking Statute And Email: Muddling Through 21st Century Issues23 Jun 2016 | 11:51 amHere is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Regular readers of my column know that every summer I work on the annual update to the book, Criminal Law In New York, which I co-author with Judge Karen Morris. During the course of my research for the update, I read thousands of criminal law cases handed down over the past year with an eye toward locating those holdings that affect substantive issues relating to the Penal Code. And, given my passion for the intersection of law and technology, I also take an interest in those cases where technology impacts the Penal Code. People v. Marion, 49 Misc.3d 562 (Crim. Ct. City of New York, 2015) is just such a...
Brian Leiter's Law School Reports
How much do lawyers working in solo practice actually earn? (Michael Simkovic)26 Jul 2016 | 10:57 amIn 2015, Professor Benjamin Barton of the University of Tennessee estimated for CNN.com, and Business Insider that attorneys working in solo practice earn an average...
Annals of "bullshit" rankings26 Jul 2016 | 10:09 amRankings are fun, sure, but it's good to figure out wheter the metric means something (anything!) lest one produce nonsense. Case in point: ranking law...
Most-Cited lists: what's coming25 Jul 2016 | 2:12 pmTwo more subject-matter areas: Family Law and Legal Ethics/Legal Profession/Professional Responsibility. And then a list of schools by the per capita rate at which their...
Legal Obligation in International Law and International Finance25 Jul 2016 | 12:11 amI've been writing some about international financial regulation this year. Here's my take on what IFR tells us about international law, which it isn't, but which in practice it, in some ways, resembles. It's up at SSRN, and I hope you'll give it a look. In an era riddled with critiques of the relevance of classic international law, some have loudly given up on the subject, while others have placed their hopes in alternative mechanisms of global governance. One alternative is "soft law," and nowhere is soft law more successful than in international financial regulation (IFR). Today, almost every bank of any size across the world has to keep similar amounts of money in its emergency reserve, cannot...
Congrats to Vic Fleischer!21 Jul 2016 | 12:52 pmGlom emeritus, friend, and tax guru Vic Fleischer is headed for Capitol Hill to become become co-chief tax counsel for Senate Finance Committee Democrats. Congrats to Vic--and to the Senate!
UGA Law is Hiring in Business!20 Jul 2016 | 9:36 amReaders, the University of Georgia is a terrific institution, and Athens is a lovely place to live. Interested in being my colleague? Send us a line! The University of Georgia School of Law invites applications to fill one or more full-time, academic, tenure-track faculty positions at the rank of assistant professor, associate professor, or professor. Positions will begin August 2017. Applicants in the curricular areas of criminal law and procedure, evidence, business law, or finance will be considered. Applicants must be committed to producing world-class scholarship, providing first-rate legal training and engaging in meaningful service. Applicants should have a J.D. from an accredited university....
Ms. JD Blog
Ms. JD Weekly Roundup: Week ending July 22, 201621 Jul 2016 | 5:31 pmWith the bar exam in a few days, here are a few tips for the final week of bar prep. Old Lady Lawyer: Effective Lawyering Is More Than Just Knowing The Law Your Career Path Isn't a Straight Line—Dave Stachowiak, Executive VP of Talent Development at Dale Carnegie of Southern LA and founder of Coaching for Leaders discusses the importance of embracing every step in the journey. To assist in putting an end to racial profiling, California Attorney General Kamala Harris swore in 18 members to the new racial and identity profiling advisory board in downtown Los Angeles. Being Multipassionate Doesn't Make You a Failure. It Makes You Indispensable - Here's Why Ashley Fletcher is a Class of 2018 student at...
Like Cinderella, But Different21 Jul 2016 | 10:23 amAs a little girl I did not dress up in princess costumes.� I couldn't imagine my future wedding.� I did not dream of the day my prince would come.� Instead I dreamt of court rooms, board rooms, and corner offices.� There would be no glass slippers in my future.�� Unless, of course, the glass slippers were Louboutins that I purchased for myself.�� I was raised by a Gloria Steinem-loving, unapologetic feminist mom.� Hers was not an enviable position.� She was a single mom raising three young girls in the 1970s – a time period in which NO ONE in our community was divorced.� She made it her life's mission to raise children who were educated, self-sufficient, strong, and independent.� There were no Disney...
SAVE THE DATE - Ms. JD's Ninth Annual Conference on Women in the Law18 Jul 2016 | 12:35 pmMs. JD is excited to announce the date and location for its next annual conference - March 3, 2017 at Northwestern�School of Law.��Stay tuned for more details! You can view information on the format and topics covered at the last conference�here. The annual conference includes a reception honoring the recipients of theMs. JD Honors�awards. �These awards are given to men and women who have made significant contributions to promoting women in the law.�Nominations for the�Ms. JD Honors awards�are open until October 5, 2016 and nomination instructions can be found�here. �We look forward to receiving your nominations and learning about more incredible men and women in the legal...
Legal Profession Blog
Assistant Public Defender Convicted And Public Defender Loses Job26 Jul 2016 | 8:53 amThe Georgia Supreme Court has suspended an attorney who had not adequately responded to ethics charges. 13WMAZ reported on criminal charges in April 2016 A Macon attorney admitted in federal court that she tried to sell drugs to a GBI...
Right To Appointed Counsel Upheld In Termination Of Parental Rights Case26 Jul 2016 | 7:44 amThe New Jersey Supreme Court has held that an indigent parent has the right to appointed counsel in a matter involving termination of parental rights. From the headnotes On August 1, 2013, with the agency's consent, J.E.V. and D.G.V. filed...
Ticket-Fixing Judge Reinstated In Ohio26 Jul 2016 | 6:16 amThe Columbus Dispatch has a story of a judge's reinstatement to the Ohio Bar. Former Franklin County Judge Harland H. Hale's license to practice law was reinstated today by the Ohio Supreme Court. Hale's license was suspended in 2014 for...
China Law Blog
Negotiating with Chinese Companies: Distribution Agreements with no Joint Venture Required26 Jul 2016 | 3:58 amOne of the most interesting things about representing foreign companies that do business in or with China is how Chinese companies all seem to operate from the same playbook. Our China lawyers can go years without a Chinese company doing XY and Z and then all of a sudden, we will have five deals in a row where the Chinese company does XY and Z. Right now we are seeing a slew of Chinese companies seeking to become distributers of American products via Joint Ventures. Though this post focuses on this one sort of transaction, it has lessons about China company negotiating tactics that have universal value. We represent many foreign companies that have their product made in China under a contract manufacturing...
China: Do Just ONE Thing: Register Your Trademarks AND Your Design Patents, Part 225 Jul 2016 | 4:35 pmIn part 1 of this two-part series, I stressed the need for just about any company doing business in China or with China to register their brand name(s) and logo(s) as a trademark in China. We have considered registering your trademark in China as a no-brainer since we started this blog and the need to do that has only increased as trademark enforcement in China consistently strengthens. And, yes, this applies even if you are just outsourcing to China and exporting all that you are having made. I ended part 1 by noting how about a year ago, our China lawyers became convinced that if you are outsourcing your product production to China or selling your product in China, in almost all instances you really do...
China: Do Just ONE Thing: Register Your Trademarks AND Your Design Patents, Part 124 Jul 2016 | 2:58 pmOkay, so that's two, but you get the point. Way back in 2011, I wrote a blog post entitled, China: Do Just One Thing. Trademarks. As you can guess from the title, the point of that post was to emphasize that no matter what else a foreign company does when doing business in or with China, it must, must, must file to secure China trademarks for its trade names and logos, because if it does not, someone else will and then the foreign company will not be able to use its trade names or logos in China, even if all it is doing is having its products made in China for export. In talking with foreign companies looking to do business in or with China, I talk about how NNN Agreements can help prevent their China...
Patent – Patently-O
Unwired Planet, LLC v. Apple Inc.: Fault and Patent Infringement26 Jul 2016 | 12:15 pmBy Jason Rantanen Unwired Planet, LLC v. Apple Inc. (Fed. Cir. July 22, 2016) Download Unwired Planet Panel: Moore (author), Bryson, Rena Last week, the Federal Circuit issued two opinions, both written by Judge Moore, dealing with what I refer to as "fault" in patent law: the degree of culpability the accused infringer possessed with respect to the issue of patent infringement.* Although the cases involve different legal doctrines–WBIP v. Kohler involves willful infringement under § 284 and Unwired Planet involves inducement of infringement under § 271(b)–both present that core question of fault. This post will focus on the issue of fault in the context of Unwired Planet, although its observations...
GAO: Patent Office Must Define and Improve Patent Quality20 Jul 2016 | 12:30 pmThe Government Accountability Office (GAO) has published two new reports on Patent Office Activities along with the results of a major survey of 2,600 patent examiners.

Patent Office Should Define Quality, Reassess Incentives, and Improve Clarity (GAO-16-490)

Patent Office Should Strengthen Search Capabilities and Better Monitor Examiners' Work (GAO-16-479)

Survey of U.S. Patent Examiners (GAO-16-478SP), an E-supplement to GAO-16-479 and GAO-16-490

 Regarding patent quality, the GAO suggested that the USPTO's standard of patent quality should focus solely on the basics: defining "a quality patent as one that would meet the statutory requirements for novelty and clarity, among others, and would be...
Guest post: 2016 U.S. Patent Practitioner Trends Part 2 – Removal and Retirement of Patent Practitioners20 Jul 2016 | 12:01 pmBy Zachary Kinnaird, Patent Attorney with International IP Law Group, PLLC Based on my analysis of the USPTO roster data:

There were 44,295 registered patent practitioners in the U.S. as of April 2016.

After 20 years on the USPTO roster, at least 15% of practitioners originally registered between 1988 and 1996 are no longer registered as of April 2016.

Going back from April 2016, every subsequent year before 1986 shows an additional 2% of patent practitioners are no longer registered.

The USPTO either skipped or removed a large number of registration numbers originally to be assigned in 1964, 1966, and 2001 for currently unclear reasons.

 Retirement trends based on removals from the USPTO roster The...
Religion Clause
2016 Democratic Platform On Protecting Religious Minorities Internationally26 Jul 2016 | 4:35 amYesterday the Democratic Party at its national convention adopted its 2016 Platform (full text). �This is the last in a series of seven posts that focus on Platform provisions dealing with religious discrimination and with social issues that often generate controversy defined in religious terms. Here is the Platform provision on international human rights dealing with�Religious Minorities:We are horrified by ISIS' genocide and sexual enslavement of Christians and Yezidis and crimes against humanity against Muslims and others in the Middle East. We will do everything we can to protect religious minorities and the fundamental right of freedom of religion.
2016 Democratic Platform On International Human Rights of LGBT Communities26 Jul 2016 | 4:30 amYesterday the Democratic Party at its national convention adopted its 2016 Platform (full text). �This is the sixth in a series of seven posts that focus on Platform provisions dealing with religious discrimination and with social issues that often generate controversy defined in religious terms. Here is the Platform provision on international human rights of the LGBT community:Democrats believe that LGBT rights are human rights and that American foreign policy should advance the ability of all persons to live with dignity, security, and respect, regardless of who they are or who they love. We applaud President Obama's historic Presidential Memorandum on International Initiatives to Advance the Human...
2016 Democratic Platform on Reproductive Health, Rights and Justice26 Jul 2016 | 4:25 amYesterday the Democratic Party at its national convention adopted its 2016 Platform (full text). �This is the fifth in a series of seven posts that focus on Platform provisions dealing with religious discrimination and with social issues that often generate controversy defined in religious terms. Note that the excerpt continues after the jump. Here is the Platform section on�Securing Reproductive Health, Rights, and Justice:Democrats are committed to protecting and advancing reproductive health, rights, and justice. We believe unequivocally, like the majority of Americans, that every woman should have access to quality reproductive health care services, including safe and legal abortion—regardless of...
McCarthy speaks18 Jul 2016 | 9:23 amThis is really something! I always knew John Welch was the definitive resource online, and then some, for what's going on at the Trademark Trials and Appeal Board — the TTAB, of course — via his seminal, inimitable and comprehensive TTABlog®. But I didn't know that his blog was now an official resource for ex cathedra pronouncements from Himself! Check. This. Out. July 11, 2016 on the TTABlog: Professor McCarthy Criticizes the TTAB's Dilution Analysis Professor J. Thomas McCarthy has been a consistent critic of the TTAB's analysis in dilution cases, particularly the Board's failure to properly consider the issue of "impairment" or "damage" arising from the alleged dilution. He sent me the...
The Trademark That's Too Good to be a Trademark7 Jul 2016 | 3:25 pmOriginally posted 2005-12-26 12:46:46. Republished by Blog Post PromoterThat's what a generic mark is. The TTAB Blog reports that the TTAB has ruled that Lawyers.com, the consumer interface for the Martindale-Hubbell law directory, cannot be registered as a trademark for "providing an online interactive database featuring information exchange in the fields of law, legal news and legal services…" John Welch writes, "It took the Board 29 pages to explain this seemingly inevitable result …" — inevitable to the commonsensical among us, yes, but maybe not to the narcisstic world of brand management and rent-seeking that rules the roost in public discussion of trademark. Hat tip to Evan...
People Endlessly Troubling All7 Jul 2016 | 3:25 pmOriginally posted 2014-01-22 13:44:31. Republished by Blog Post PromoterThe Canadian Trademark Blog reports that People for the Ethical Treatment of Animals (PETA), the extremist anti-protein group, has launched a new "spoof" website in its stated bid to convince the Vancouver Organizing Committee (VANOC) that it should help in the campaign to end the Canadian seal hunt. PETA? Spoof website? Rather ironic, no?
Sentencing Law and Policy
"The Death Penalty and the Fifth Amendment"26 Jul 2016 | 5:49 amThe title of this post is the title of this essay authored by Joseph Blocker and just published online by the Northwestern Law Review. Here is part of the introduction: Can the Supreme Court find unconstitutional something that the text...
Looking at juvenile justice in a worldly way26 Jul 2016 | 5:39 amRecenlty posted to SSNR are these two chapters from a recenly published book of essays titled "Juvenile Justice in Global Perspective": One Theme or Many? The Search for a Deep Structure in Global Juvenile Justice by Franklin Zimring and Maximo...
Increases in murders reported in many major cities from police chiefs25 Jul 2016 | 7:40 pmThis new Wall Street Journal article, headlined "Murders Rise in 29 of Largest U.S. Cities in First Half of 2016: Homicides in Chicago and Orlando, Fla., contribute to much of the increase," reports on the latest bad news about homicide...
Grits for Breakfast
FSC questions admissibility of unaccredited forensics25 Jul 2016 | 5:00 amHere are a couple of items related to forensic error that merit Grits readers' attention: Challenging admissibility of junk scienceThe Texas Forensic Science Commission's Lynn Garcia posed what to me sounds like a blockbuster question to the Attorney General about the admissibility of forensic analyses from non-accredited sources. (See the letter.) The issue arose because of the bite mark review, as the San Antonio Current noted, but her question was not limited to it.There are a number of questions posed in the letter, but the one that caught Grits' eye was whether "unaccredited forensic analyses that are also not exempt from accreditation by statute or administrative rule are admissible under the Texas...
Black Lives Matter well-positioned to win concessions on police, if ...22 Jul 2016 | 12:30 pmBlack Lives Matter is formally an organization and has a chapter here in Austin, but really #Blacklivesmatter is an amorphous, broad-based movement with decentralized leadership and an enormous opportunity to accomplish concrete goals to improve American policing. Grits supports that effort. However, having worked on these and related issues for more than two decades in a red state, I'm fearful BLM may blow this rare and precious opportunity.Grits has little patience for demagogues blaming Black Lives Matter for criticizing videos of police abuse or the media for showing them. The behavior depicted on the video is the source of people's anger, not the (admittedly enhanced) smart-phone era information...
Save lives by limiting police pursuits21 Jul 2016 | 6:58 amIn the wake of a terrible crash that killed a Patton Village police officer and an 11-year old boy, State Sen. John Whitmire called on police departments to make law-enforcement pursuit policies public. Reported the local paper: "A Chronicle review of recent Houston-area chases from April through June found 13 crashes over 13 weeks that led to six deaths and nine injuries." The tendency of law enforcement in the past has been to blame the suspect being chased and disavow all responsibility for such deaths.But in recent years, amidst growing evidence that chases are more deadly than previously understood, some larger departments have restricted police pursuits to protect both officers and the public....
Crime and Consequences Blog
The Correct Procedure to Challenge Prison Discipline26 Jul 2016 | 10:54 amHabeas corpus is the correct procedure for persons who claim they are wrongly imprisoned.� For any other civil rights claim in federal court by a state prisoner, the correct procedure is a suit under the civil rights law, 42 U.S.C. §1983.� The line between the two is not always clear.Today the U.S. Court of Appeals for the Ninth Circuit, sitting sort of en banc, decided Nettles v. Grounds, No. 12-16935:Damous Nettles, a prisoner serving a life sentence in California prison, appeals the district court's dismissal of his habeas petition for lack of jurisdiction. The petition challenged a disciplinary violation on constitutional grounds and claimed that the failure to expunge this violation from his record...
Murder Continues To Skyrocket, As Does Evasion26 Jul 2016 | 9:40 amThe Wall Street Journal carries an article of considerable concern. �It's titled, "Murders Rise in 29 of the Largest Cities in First Half of 2016."� It starts:The number of murders in 29 of the nation's largest cities rose during the first six months of the year, according to the results of a survey released by the Major Cities Chiefs Association�on Monday.Overall, homicides jumped 15% in the 51 large cities that submitted crime data, compared with the same year-ago period.�The article notes that the 15% figure is artificially high to some extent because of Chicago's out-of-control violent crime and the gruesome Jihadist attack in Orlando. What it fails to note is that murder rose by 17% in the 50 largest...
Two Events, Juxtaposed25 Jul 2016 | 7:28 pmToday was revealing about the place of policing in this country.As Kent noted, it saw the naming of Mayor Stephanie Rawlings-Blake as the first featured office holder to speak at the Democratic National Convention. �Ms. Rawlings-Blake has presided over three quite notable episodes during her tenure: the Freddie Gray riots, in which she directed the police to stand down; an ensuing huge increase in the number of murders in her city; and what at this point must be considered a largely concocted case against six police officers, not one of whom has been convicted of anything.As this was going on, Baton Rouge buried�Montrell Jackson, the last of three policemen to be gunned down in a staged attack eight days...
The Chicago Syndicate
The Democrat National Convention was almost Fixed by the Mafia26 Jul 2016 | 7:10 amAfter a dramatic Republican National Convention in Cleveland which saw Donald Trump finally become the party's official nominee, Hillary Clinton will this week accept the formal nomination of the...
Explosion of Chicago's Black Street Gangs15 Jul 2016 | 8:39 pmExplosion of Chicago's Black Street Gangs-1900 to Present, is the bible on the social pathology of street gangs in Chicago. It should be read by all professionals working with young adults,...
Official Mafia III Accolades Trailer - The Fall's Most Promising Open-World Game15 Jul 2016 | 11:01 amWith over 60 E3 accolades, 12 awards and a host of top-ten recognitions, Mafia III is poised to be Fall's Most Promising Open-World Game. Mafia III Deluxe Edition - PlayStation 4: - It's 1968 and...
Scott "Chachi" Baio Being Unavailable, Trump Provides Omarosa As Foreign Policy Expert26 Jul 2016 | 12:05 pm.@OMAROSA discusses @HillaryClinton foriegn policy failures @GOP response at @DemConvention #DemsInPhilly pic.twitter.com/q4qLQaPGye— Sean Spicer (@seanspicer) July 26, 2016 [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
Bernie Sanders Speaks: "No One is More Disappointed Than I Am"25 Jul 2016 | 9:03 pmBernie comes through at the end: "Hillary Clinton will make an outstanding President and I am proud to stand with her tonight. Thank you very much." **** Original Post Entering to Simon and Garfunkle's "America," Bernie... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
Monday Night at the DNC25 Jul 2016 | 8:09 pmUpdate: Michelle Obama looks terrific, that blue is a great color for her and her dress really showcases her super-toned arms. "I trust Hillary to lead this country because I've seen her devotion to children, not just her own, who she has... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
TheFunded Founder Institute News
Silicon Valley-based Founder Institute Officially Launches New Startup Program in Cincinnati26 Jul 2016 | 10:55 amThe Founder Institute, the world's premier idea-stage accelerator and startup launch program, announced today that it is officially launching its newest chapter in Cincinnati. The Silicon-Valley based program decided to officially launch in Cincinnati after a successful test launch this year attracted over 100 potential applicants in the city. Applications to the first ever Cincinnati Founder Institute are open now, and anyone interested in launching a technology company is welcome to apply at http://fi.co/apply/Cincinnati. In order to celebrate the launch, the Cincinnati Founder Institute will host a series of free startup events for the general public -to see the full list of upcoming events, visit...
The Founder Institute is Looking for Startup Ecosystem Leaders. Do You Have What It Takes?26 Jul 2016 | 10:15 amDo you want to be a leader in your local startup ecosystem? The Founder Institute (the world's largest entrepreneur training and startup launch program) is on a mission to "Globalize Silicon Valley" and is looking for local startup leaders to launch new chapters around the world. Founder Institute Directors play an essential role in their local economy, share in the value of the companies they help create, and are included in FI's global network of entrepreneurial leaders. If you want to see what some of our current Directors are up to, see some recent director news below:

Sunil Sharma featured in the Financial Post:�BlancRide hopes its app will get carpooling to catch on in the Americas (Financial...

The Bootstrapper's Guide to Startup PR25 Jul 2016 | 5:50 pm"PR should be practiced to serve the public interest, to develop mutual understanding between organizations and their publics." – James E. Grunig The benefits of getting press for a startup are numerous, from attracting more customers to enticing investors and more, so it's no wonder that so many founders strive to engage the media. Unfortunately, countless founders view public relations as an intricate and costly process, as traditional wisdom dictates that a company must advance its reputation by hiring a PR firm and leaving the whole procedure to professionals. Because of this, many entrepreneurs leave their prospects to serendipity and assume that their company will simply go viral. However, the art of...
Begin Your Entrepreneurial Journey at a Free Startup Event25 Jul 2016 | 10:00 amThe Founder Institute hosts thousands of�free startup events�across the globe each year, in over [total_cities] cities across six continents. These events are designed to help aspiring entrepreneurs improve their ideas and entrepreneurial skills, all in a low-pressure environment. At Founder Institute events, you can meet and learn from successful entrepreneurs, get feedback on your ideas, come up with new ideas, recruit potential co-founders, and more. They are the perfect starting point for beginning your entrepreneurship journey. We have several events coming up in the next few weeks, which are listed below. �Don't see an event in your city? Then sign up for our Local Updates List, because chances are we...
Common Startup Co-Founder Mistakes and How to Avoid Them25 Jul 2016 | 7:00 amLaunching a startup is a risky venture. With the amount of time, effort, and money that goes into the process, building a company can just about drain a founder's resources. That's why it's always good start on the path of entrepreneurship with a co-founder, someone who not only shares your vision, but someone who complements your skills, someone who can handle the tasks you can't. However, even if you do find that special someone, there are still several major factors that need to be taken into consideration before beginning a partnership with someone. Luckily, this guest post, by James Burbank�of the Bizzmark Blog,�outlines some of the key points co-founders should address before launching a startup...
Tuesday round-up26 Jul 2016 | 4:43 amIn The New York Times, Adam Liptak reports on the Court's disclosure of "after-the-fact changes to its decisions"; Kent Scheidegger discusses Liptak's story and the Court's publication practices more generally at Crime and Consequences. Briefly:

At Cato at Liberty, Ilya Shapiro and Randal John Meyer urge the Court to grant review in a case by a company dubbed "Uber in the sky."

In The National Law Journal, Arthur Bryant argues that, although the Court's ruling last Term in the class-action case Spokeo v. Robins was "technically . . . a victory for the company," as a practical matter "it was a huge loss."

At Casetext, David Boyle argues that "if a candidate wants the vote of...

Petitions of the day25 Jul 2016 | 8:11 pmThe petitions of the day are: Advocate Health Care Network v. Stapleton 16-74 Issue: Whether the Employee Retirement Income Security Act of 1974's church plan exemption applies so long as a pension plan is maintained by an otherwise qualifying church-affiliated organization, or whether the exemption applies only if, in addition, a church initially established the plan. Saint Peter's Healthcare System v. Kaplan 16-86 Issue: Whether the Employee Retirement Income Security Act of 1974's church plan exemption applies so long as a pension is maintained by an otherwise qualifying church-affiliated organization, or whether the exemption applies only if, in addition, a church initially established the...
Event announcement25 Jul 2016 | 7:01 amOn August 4 at 12 p.m., the DC Bar will host the next installment of its monthly seminar series on issues and cases before the Court. Andrew Grossman and John Paul Schnapper-Casteras will focus on Fisher v. University of Texas at Austin, last Term's challenge to the university's consideration of race in its undergraduate admissions process; this blog's Amy Howe will serve as the moderator. Additional classes will be held on September 1 and October 6. More information and registration are available for the in-person presentation and the webinar.
ABC News: Top Stories
First Lady Says Slaves Built the White House: Is She Right?26 Jul 2016 | 12:47 pmFact-checking whether slaves did indeed build the White House.
How Today's DNC Roll Call Could Get Raucous26 Jul 2016 | 12:40 pmBoth Sanders and Clinton will be given time to have their cases heard.
Feds: NYC Bank Burglars Stole $5 Million in Cash, Diamonds26 Jul 2016 | 12:26 pmAuthorities say New York City bank burglars stole about $5 million in cash, diamonds, jewelry, coins and baseball cards
Jim Calloway's Law Practice Tips Blog
Change is Underway in Law Firms: Here is the proposed agenda for your law firm retreat21 Jul 2016 | 8:52 amToday I'm going to be a bit presumptuous. I'm going to strongly suggest that your law firm needs a retreat to better focus on changes in the legal service marketplace and how law firms should be using their technology today....
Welcome to the intangible law firm (and Law21 is back in business)11 Jul 2016 | 2:29 pmJordan Furlong returns to blogging at his Law21.ca blog after an 18 month break. if you don't know who Jordan is, you can check here. But he is well-known in my professional circles as an engaging presenter and writer on...
My Big Idea: Shall We Cut to the Chase?5 Jul 2016 | 8:26 amIf you are wondering how something can be both a cliché and a big new idea, I'll concede that is a good question. Bear with me. Since 2013, Law Practice Magazine has featured its "Big Ideas" themed issue in July....
Robert Ambrogi's LawSites
Matter Center, Microsoft's Practice Management Platform, Now Available in the Cloud26 Jul 2016 | 9:00 amIt's been a long, strange road for Matter Center for Office 365, Microsoft's practice management platform, but there is good news at last, as it finally becomes available in the cloud to law firms of any size. It was January 2015 when I first reported that Microsoft was quietly preparing to launch such a platform. […] The post Matter Center, Microsoft's Practice Management Platform, Now Available in the Cloud appeared first on Robert Ambrogi's LawSites.
Exclusive Survey Results: Small Firms' Greatest Challenges And What They're Doing To Address Them25 Jul 2016 | 6:01 amRecently in my column at Above the Law, I provided an overview of a new survey of small-solo law firm management conducted by Thomson Reuters Solo and Small Law Firm group. I promised to follow-up with subsequent posts here in order to drill down deeper into the data, to which Thomson Reuters has given me […] The post Exclusive Survey Results: Small Firms' Greatest Challenges And What They're Doing To Address Them appeared first on Robert Ambrogi's LawSites.
PracticePanther Adds Integrated Client Intake Forms, Saving Firms Data Input Time22 Jul 2016 | 6:01 amUntil last year, client intake was a forgotten component of most practice-management systems. Then, seemingly all at once, three different client-intake products were launched: Lexicata, Intake123 and Rocket Matter Intake. More recently, LexisNexis Firm Manager added an intake templates feature, although its templates cannot be sent to clients for them to fill out. Overall, most practice management platforms either […] The post PracticePanther Adds Integrated Client Intake Forms, Saving Firms Data Input Time appeared first on Robert Ambrogi's LawSites.
Wise Law Blog
LawFact of the Day: Employment Law26 Jul 2016 | 6:37 amHere is your daily LawFact from Wise Law for Tuesday July 26, 2016. Today we are talking about Employment Law.A video posted by Wise Law Office (@wiselaw) on Jul 26, 2016 at 6:31am PDTIt is very difficult for employers to prove "just cause" for termination, unless there is evidence of gross or wilful misconduct, like theft, fraud, or intentional dereliction of duties.To establish "cause" for termination because of performance concerns, employers must typically provide several written warnings as well as adequate opportunity for the employee to improve job performance.- Garry J. Wise, TorontoVisit our Toronto Law Office website: www.wiselaw.net Visit our website: www.wiselaw.net
140Law: Legal Headlines for the Week of July 25, 201625 Jul 2016 | 6:55 amHere are the leading headlines from�Wise Law on Twitter

CAMH fined $80,000 after beating that left nurse 'beyond recognition'

Russia operated state-sanctioned doping system at Sochi Olympics, report concludes - Toronto Star

Playboy model body-shamed naked woman on Snapchat — and now may face the police

When do sleazy nightclub tricks add up to federal wire fraud?

Preserving Your Legal Rights Against Pokemon Go

Law Society of B.C. makes recommendations around SCC appointments

Pakistani man who killed sister charged with crime against state

Dozens of wrestlers sue WWE over brain damage

Inmate was justified in stabbing other prisoner, Ontario judge says - The Globe and Mail

Ontario toughens workplace sexual...

LawFact of the Day: Wills and Estates22 Jul 2016 | 6:33 amHere is your daily LawFact from Wise Law for Friday July 22, 2016. Today we are talking about Wills and Estates.A video posted by Wise Law Office (@wiselaw) on Jul 22, 2016 at 6:15am PDTA last will cannot have provisions that run contrary to public policy.For instance, a will cannot discriminate against a family member because of religion, marital status, or sexual orientation and it cannot encourage people to do illegal acts.- Garry J. Wise, TorontoVisit our Toronto Law Office website: www.wiselaw.net Visit our website: www.wiselaw.net
Tech/Life Balance and Other Law Technology Today Roundtables30 Jun 2016 | 7:43 pmOne of my favorite writing outlets these days is the ABA Legal Technology Resource Center's Law Technology Today blog. I'm a regular participant in a series of monthly roundtable discussions by LTRC board members on technology topics.Today, the latest of these was posted and it's called "Finding a Work Life Balance Through Technology."In the article, Chad Burton, Steve Embry, Britt Lorish, Alison Shields, Mark Rosch, and I share our thoughts on the questions:How do you use technology to manage or minimize stress in your professional life?Is there any technology out there in particular that adds stress to your life?Is there any technology out there in particular that adds stress to your life?What stressful...
LTRC's Women of Legal Tech – 201625 Apr 2016 | 7:38 pmI'm excited to point readers to the ABA Legal Technology Resource Center's 2016 Women of Legal Tech list. As the announcement says:One of the American Bar Association's core values is a commitment to diversity, which the Law Practice Division aims to reinforce in the legal tech sector. This year, approximately 30% of the ABA TECHSHOW faculty were women, and nearly half of the TECHSHOW Planning Board is comprised of women.From tech founders and CEOs to small business owners, women are making a big impact on legal tech in every field.In keeping with the spirit of progress, the Legal Technology Resource Center is proud to present its inaugural "Women of Legal Tech" for 2016. Our goal is to celebrate the...
DennisKennedy.Blog Celebrates Thirteenth Birthday15 Feb 2016 | 6:55 amLong-time readers of this blog will know that today is the blawgiversary of DennisKennedy.Blog. I started this blog on February 15, 2003, and we (my blog and me) are marking its thirteenth birthday today. That makes DennisKennedy.Blog a teenager. Much more about that in a minute.In previous years, I marked the week of the blogiversary with a weeklong combined celebration of my blog's birthday and my birthday (February 17 – shout out to birthday sharers Michael Jordan and Jim Brown). The issue of "sharing" birthday celebrations came up this year and, as you'll notice from the title of this post, "we" decided to do something different this year.When you have written a blog as long as I have, two...
Amazing Firms, Amazing Practices
July Issue of Edge International Communiqué Available Online10 Jul 2016 | 9:10 pmThe July issue of Edge International Communiqué (EIC) has now been posted on the Edge International website. Sean Larkan leads off this issue with "Building Trust: The Inviolable Rule." He reminds us that "we sometimes forget how much of successful legal services business is still about human relationships and building trust." He explores the notion of trust as it applies to the legal profession, and talks about how it affects all of the work that lawyers do. In "Helping Partners Jump Hurdles," Nick Jarrett-Kerr discusses the problems many partners have with marketing and business development, and points out the negative effect these attitudes have on the firm's bottom line. He...
Is the billable hour turning off talented young lawyers?29 Jun 2016 | 9:05 pmIn an article published in the Globe and Mail earlier this month, Allison Speigel, a commercial litigator with Speigel Nichols Fox LLP, argues convincingly that the billable hour may be at the root of the disaffection of so many recent law graduates with firm-related work. Among Speigel's arguments against the profession's most cherished and wide-spread billing system are ones we have all heard (or should have heard) before: 1) The system rewards time spent over value, creativity and other client-beneficial approaches; 2) It pressures lawyers – especially those newest to the firm – to work as many hours as they can, at the expense of family and life balance; and 3) It denigrates the value of...
Alternative Legal Providers: A Warning to Law Firms22 Jun 2016 | 9:02 pmFriedrich Blase, Thomson Reuters Friedrich Blase, Global Director in Legal Managed Services at Thomson Reuters, is warning traditional law firms – especially the larger ones – of the potential threat to their existence of alternative legal providers, including the growing range of legal-market ventures and forms of disruptive technology. Blase believes that alternative legal providers could present an "existential threat" to law firms as early as 2020. Blase says that large firms tend to dismiss the threat because alternative legal initiatives are currently estimated to occupy less than one percent of the market, and to be growing at a rate of 20% per year. Such figures may seem...
Innocence Project
Hardin and Clark Families Respond: "Garr Keith Hardin is my brother. Our family has been without him for 24 years."25 Jul 2016 | 2:30 pmLast week, Innocence Project client Garr Keith Hardin came one step closer to freedom when a circuit court in Meade County, Kentucky, reversed his murder conviction based on new DNA evidence that excludes him from the 1995 crime scene. Hardin's co-defendant Jeffrey Dewayne Clark, who is represented by the Kentucky Innocence Project, also had his conviction overturned. The court's decision came at the relief of their families who have agonized for decades knowing that the two men were being punished for a horrible crime that they didn't commit. Over the past week, loved ones of both men posted comments to the Innocence Blog in response to the reversal of the convictions. Here is what they said: Ginny...
Oklahoma Man's Murder Conviction Vacated After 17 Years22 Jul 2016 | 12:40 pmAn Oklahoma man was released from prison Monday after 17 years in prison. On Wednesday, a judge vacated his 2001 murder conviction. Salaam Moore was convicted and sentenced to life in prison for a shooting that killed Phillip Gonzales and wounded Doris Wright. According to the Associated Press, Wright initially said she could not identify the shooter. A few weeks following her release from the hospital, however, Wright told police that Moore was the culprit. In March, Wright recanted her testimony, saying that Moore was not the shooter. "Mr. Moore did not commit these crimes, and he is innocent and wrongfully incarcerated at this time," Wright said in an affidavit. "I testified that Mr. Moore...
Two Chicago Men Released From Prison After 23 Years of Wrongful Incarceration21 Jul 2016 | 2:45 pmOn Wednesday, Jose Montanez and Armando Serrano were released from prison after 23 years when prosecutors dismissed the murder charges against them. Montanez and Serrano were convicted of a 1993 murder based on the testimony of an incentivized witness who was allegedly fed information about the crime by Reynaldo Guevara, a former Cook County detective who is now under scrutiny for many similar accusations of misconduct. The men maintained they had nothing to do with the crime and solicited the help of the Medill Justice Project. In 2004 after a series of interviews, the key witness in the case recanted, saying Guevara coerced his testimony. Chicago Mayor Rahm Emanuel launched an investigation into cases...
Jon Katz, P.C.
In the criminal defense battlefield, expect the unexpected25 Jul 2016 | 8:23 pmSoon after I began my criminal defense practice in 1991, I saw self-represented defendants who won despite themselves, well represented defendants who lost despite their strong defenses, and numerous defense boons of case dismissals when essential prosecution witnesses did not appear for trial and the defense successfully argued against a prosecutor's continuance motion to get the witness to court. I quickly rode the exhilarating highs of winning against the odds; the lower points of a judge's or jury's seemingly improvident ruling against us; and various scenarios in between. I have the battle scars to sow for it, and use them to my clients' best advantage. Criminal defense can feel like a free-fall from...
Back from vacation, and ready to rumble22 Jul 2016 | 8:40 am� Thanks again to my staff for all their help during my brief vacation with my family in Korea. I am back, recharged, and ready to rumble in court, with a full trial schedule awaiting me. Korea has beautiful nature, fascinating culture, and stimulating daily life . Great Korean food is everywhere, including for me as a vegan, far surpassing the many Korean restaurants in and near Northern Virginia. Like China and Japan, Korea has been much influenced by Confucius, whose statue in Incheon is pictured above with me and my son from yesterday. A translation of his Analects is here.
On the power of losing one's ego20 Jul 2016 | 5:17 pmJudging is weakening. I am not talking about judgment, which is what good judges must exercise rather than judging. We constantly judge. Just recently, I judged that an unsmiling and at first barely talking cabdriver was unfriendly to the point of possibly being creepy, only to learn through talking with him that he was actually a very compassionate person who was preoccupied with a friend's present travails. We constantly judge ourselves. Some do so to the point of committing suicide, judging themselves as failures, even a very advanced appellate judge having said he killed himself for that reason. We constantly judge circmstances, blaming constant rains for our feelings of malaise even though the rains...
Chicago IP Litigation
2016 Rocky Mountain IP Conference: Mark Lemely Year in Patent Review25 Jul 2016 | 3:35 amI attended the 14th annual Rocky Mountain IP & Technology Institute at the beginning of June. As usual, Mark Lemely reviewed the last year in patent law at the Federal Circuit. Here are some highlights:

101 jurisprudence

42 cases holding patents invalid as unpatentable; 2 cases upholding validity. That is one more than last year.

Many Federal Circuit §101 cases are unreported.

Some clear rules:

General, well-known computer technology/hardware is not going to be patentable.

Digitizing a well-known human process will not be patentable.

Asking for claim construction is not enough, without a citing to a specific claim construction that would save the claim from a 101 argument.

Medical diagnostics...

2016 Rocky Mountain IP Conference: PTAB Year in Review22 Jul 2016 | 3:02 amI attended the 14th annual Rocky Mountain IP & Technology Institute at the beginning of June. This panel looked at the PTAB case law and related Federal Circuit decisions over the last year. Here are the highlights:

Institution trends

87% institution rate in fiscal 2013 trending downward and settling in fiscal 2015-16 around two-thirds of petitions being instituted.

This is at least partly because of more stringent application rules.

New PTAB rule allows declarations supporting patent owners' preliminary responses. That could further decrease institution rates, although there is no data on this yet.

There are slightly lower institution rates for medical device & pharma claims, likely because of...

2016 Rocky Mountain IP Conference: The PTAB Speaks20 Jul 2016 | 3:50 amI attended the 14th annual Rocky Mountain IP & Technology Institute at the beginning of June. An interesting addition to this year's Institute was the panel of PTAB personnel, including the following:

Nathan Kelley, PTO Solicitor and former Acting Chief Administrative Patent Judge

Patrick Bucher, Administrative Patent Judge

Melissa Haapala, Administrative Patent Judge

K Kalan, Administrative Patent Judge

 Here are highlights of the discussion:

Post-grant proceedings remain the most popular proceedings before the PTAB.

Post-grant petitions for electrical/computer technologies are down slightly.

Post-grant petitions for medical devices are up slightly.

IPR petitions have challenged approximately ½ of...

Ohio Employer's Law Blog
For God's sake, think before you email26 Jul 2016 | 4:32 amI have lots of readers. Thousands upon thousands. Do you know who doesn't read my blog, however? Former DNC Chair (and Congresswoman) Debbie Wasserman Schultz. How do I know? Because, if she does, she would have read this: Do I really need to tell you not to ever put something like "do we really want an obese Christian" in an email. Some things are better left unsaid, or, more to the point, un-typed. And, for god's sake, please read those emails (all of them) before you click send. It makes my job a whole lot easier defending you without that smoking gun. And this: Unlike diamonds, email messages aren't forever, but they are pretty darn close. Employers need to train managers and supervisors to...
Ohio Supreme Court sides with workers' comp fraud25 Jul 2016 | 4:40 amOhio has a specific statute that protects injured workers from retaliation after filing a workers' compensation claim. O.R.C. 4123.90 states: No employer shall discharge, demote, reassign, or take any punitive action against any employee because the employee filed a claim or instituted, pursued or testified in any proceedings under the workers' compensation act for an injury or occupational disease which occurred in the course of and arising out of his employment with that employer.� It would seem that for this statute to protect an employee, the employee's alleged injury must be an actual workplace injury. Not so fast. In Onderko v. Sierra Lobo, Inc. [pdf], the Ohio Supreme Court recently...
WIRTW #422 (the "Pikachu" edition)22 Jul 2016 | 4:16 amThe story of the week? Not the RNC, but Pokémon GO!, something about which I (happily) know very little. What does the blogosphere have to say about this phenomenon?

Pokémon GO! Catch 'Em All—All The Workplace Issues, That Is�— via�Labor & Employment Law Navigator

Pokémon Go in the Workplace: Oh Look There's a Pikachu!�— via�Employment Matters Blog

The best, or at least most fun, workplace reaction to Pokémon GO�— via�Steve Boese's HR Technology

Just In: Musings on Pokémon Legal Issues Interrupt Law Profs' Crazy-Busy Summer Schedules�— via�Law.com�

The 'Pokemon Go' Craze: How Should Workplaces Respond?�— via�SHRM

 Here's the rest of what I read this...
Privacy Law Blog
Privacy Shield Adopted, But Uncertainty Remains13 Jul 2016 | 8:23 pmCourtney M. Bowman Yesterday, the European Commission adopted the EU-US Privacy Shield, a framework designed to replace the invalidated Safe Harbor program. In theory, the Privacy Shield offers its adherents a relatively simple, straightforward way to legally transfer personal data from the EU to the US. In reality, however, the Privacy Shield is likely to face legal challenges that may hinder its ability to serve as a reliable means of legal transfer, at least for the immediate future. As we've covered previously, details of the Privacy Shield first emerged back in February, when the European Commission announced that EU and US officials had reached an agreement on a successor to the Safe Harbor...
Privacy Pros Invited to Confront GDPR Application27 Jun 2016 | 11:55 amCecile Martin Proskauer Counsel Cécile Martin was recently interviewed by DataGuidance's "Privacy This Week" covering new guidance issued by the French data protection authority ('CNIL') on June 15, 2016. The guidance highlights the main changes in relation to the General Data Protection Regulation ('GDPR'). On June 16, 2016, CNIL launched an online consultation regarding the interpretation and implementation of the GDPR in four areas: data protection officers ('DPOs'), the right to data portability, Data Protection Impact Assessments ('DPIAs') and certification ('the Consultation'). Click here to read the full article on DataGuidance.
Brexit: Potential Implications for Privacy24 Jun 2016 | 7:59 pmCourtney M. Bowman As a result of Thursday's historic referendum, the United Kingdom will be leaving the EU. The decision will have a profound effect on many areas, including the global economy, trade, immigration and, potentially, the continued unity of the UK. The United Kingdom won't be departing immediately, though – it must invoke Article 50 of the Lisbon Treaty and then negotiate its withdrawal with the European Council, a process that may take as long as two years once Article 50 is invoked. Multinationals and companies that are thinking about establishing a presence in the UK and/or EU will be watching those negotiations closely in order to determine how the UK's change in status will...
Connecticut Employment Law Blog
Unpaid Volunteers Are Not "Employees", Says Court25 Jul 2016 | 5:56 amThe CHRO is no stranger to taking aggressive positions in the court system. So, it can really be no surprise that the agency wanted to expand who is covered by the state's anti-discrimination laws. But the Connecticut Supreme Court, as it has done before, was having none of it. The end result of the case is one that frankly is of interest more to employment lawyers than to the clients we serve. The newest case, CHRO v. Echo Hose Ambulance, will be officially released this week. But we have an advance release opinion which makes it clear that unpaid volunteers — even those that serve in the volunteer ambulance corp — aren't entitled to coverage under the state's anti-discrimination laws. Of course, the...
Sex Harassment in the Workplace: An Uptick in Cases, Awareness or Both?14 Jul 2016 | 6:53 amAre Things Getting Better or Worse? The last few weeks it seems that I've been reading about sexual harassment in the workplace issues a lot more. Here are a few examples:

Gretchen Carlson sues Fox News' Roger Ailes.

Suit Says Managing Partner Pressured Female Staff for Sex

Sexual Harassment Still a Reality in the Workplace

Interior chief: 'Culture' of sexual harassment probably pervades the National Park Service

 So what's going on? Is sex harassment increasing? Or is this just another round of increased focused placed on a problem that still persists? Well, if you look at the statistics, you can see part of the story — and part of the problem trying to glean trends from the numbers too. Last year, I...
Another Day, Another Reversal by the NLRB12 Jul 2016 | 9:45 amBy now, it's really not a big surprise when the NLRB reverse course on a prior decision. This week, the NLRB did it again. My colleague, Jarad Lucan, provides this quick update on temporary/contract employees being allowed to join unions. Read on. In 2004 the National Labor Relations Board in its Oakwood Care Center case said that temporary and permanent workers must bargain separately unless the employer gives consent. Yesterday, however, the NLRB overturned that precedent stating, "[b]y requiring employer consent, Oakwood has . . . allowed employers to shape their ideal bargaining unit, which is precisely the opposite of what Congress intended." Now, after a ruling in Miller & Anderson, temporary...
引越業者との交渉5 Jul 2016 | 12:26 am...
1日に標準の食物繊維量を満たすのって難しい2 Jun 2016 | 4:04 am...
ありがとう25 Apr 2016 | 4:51 pm...
JD Supra Hot Docs - Newsworthy Legal Filings From the Source
Yeshiva Gedola Na'os Yaakov, Inc. Et al v. Township of Ocean, NJ et al: Proposed Brief of Agudath Israel of America as Amicus Curiae in Support of Plaintiffs' Motion for a Preliminary Injuncition7 Jul 2016 | 3:06 pmCase Name: Yeshiva Gedola Na'os Yaakov, Inc. Et al v. Township of Ocean, NJ et al Document Name: Proposed Brief of Agudath Israel of America as Amicus Curiae in Support of Plaintiffs' Motion for a Preliminary Injuncition Post Date: 07/07/2016 Filing Date: 07/01/2016 Document Summary: Yeshiva Gedola Na'os Yaakov of Lakewood, New Jersey acquired spacious property in Ocean Township, New Jersey and applied to the Township's Zoning Board for the necessary zoning variances. Elements within the community, however, mounted virulent resistance to the application, organizing an effort around the theme, clearly meant to impart a message beyond this specific application, that the yeshiva should "Stay in...
National Federation of Independent Business et al. v. Perez, et al.: Preliminary Injunction Order28 Jun 2016 | 9:55 amCase Name: National Federation of Independent Business et al. v. Perez, et al. Document Name: Preliminary Injunction Order Post Date: 06/28/2016 Filing Date: 06/28/2016 Document Summary: On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs' Motion for a Preliminary Injunction, thereby enjoining the U.S. Department of Labor (DOL) from implementing and enforcing its revised persuader rule on a national basis. The Court found that Plaintiffs' challenge to the new rule, which was set to become effective July 1, 2016, has a substantial likelihood of success on the merits and...
Lee v. Tam: On Petition for a Writ of Certiorari - Brief for Respondent Simon Shiao Tam20 Jun 2016 | 9:55 amCase Name: Lee v. Tam Document Name: On Petition for a Writ of Certiorari - Brief for Respondent Simon Shiao Tam Post Date: 06/20/2016 Filing Date: 06/20/2016 Document Summary: Simon Shiao Tam's response to the government's request that the U.S. Supreme Court review the decision in In re Tam, 808 F.3d 1321 (Fed. Cir. 2015), as corrected (Feb 11, 2016). In that case, the United States Court of Appeals for the Federal Circuit held, in reversing the Trademark Trials and Appeal Board of the Patent and Trademark Office's refusal to register the trademark THE SLANTS to our client Simon Tam, that Section 2(a) of the Lanham Act's prohibition against registration of "disparaging" trademarks is unconstitutional...
Special Education Law Blog
Weekly Question!25 Jul 2016 | 6:00 amWhat questions about special education should we ask the major party candidates for President? #Education Politics ------- Thanks for subscribing! Jim Gerl
Sometimes My Job Is Pretty Cool - Part II #Where is JG?23 Jul 2016 | 5:41 am------- Thanks for subscribing! Jim Gerl
Sometimes My Job Is Pretty Cool - Part I #WhereIsJG22 Jul 2016 | 12:01 pm------- Thanks for subscribing! Jim Gerl
Drug Injury Watch
Summer 2016 Update On Diabetes Medicines Invokana / Farxiga / Jardiance: Drug Label Changes And Safety Investigations13 Jul 2016 | 1:56 pmAccording To Drug Regulators, New Possible Side Effects Include: Fatal Cases Of Ketoacidosis; Leg, Foot, And Toe Amputations; And, Lactic Acidosis � (Posted by Tom Lamb at DrugInjuryWatch.com) � On June 14, 2016 the FDA announced it has strengthened the existing warning about the risk of acute kidney injury for Invokana and Invokamet as well as Farxiga and Xigduo XR. These relatively new diabetes drugs are known as Sodium-Glucose Co-Transporter-2 (SGLT2) Inhibitors. Notably missing from this June 2016 drug safety warning were Jardiance (empagliflozin), Glyxambi (empagliflozin and linagliptin), and Synjardy (empagliflozin and metformin hydrochloride), which are also part of the SGLT2 Inhibitors class of...
Summer 2016 Update On ED Drugs Viagra / Cialis / Levitra: Medical And Legal Developments6 Jul 2016 | 1:40 pmMelanoma Skin Cancer: FDA Is Evaluating The Need For Regulatory Action; More Lawsuits Filed; Another Research Study � (Posted by Tom Lamb at DrugInjuryWatch.com) � In late June 2016 the Food and Drug Administration (FDA) said it will study a potential link between melanoma skin cancer and erectile dysfunction (ED) drugs such as Viagra, Cialis, and Levitra. This announcement appeared in the agency's latest watch list of drugs with possible safety issues, "January - March 2016: Potential Signals of Serious Risks/New Safety Information Identified from the FDA Adverse Event Reporting System (FAERS)". In relevant part, the document listed these drugs which have been associated with melanoma as a serious side...
Savaysa Is Safe And Effective According To Recent Study, But Doctors Still Concerned About Lack Of Antidote To Stop Bleeding30 Jun 2016 | 12:12 pmSome Xarelto And Eliquis Lawsuits Accuse Drug Makers Of Failing To Warn That In Event Of Uncontrollable Bleeding There Is No Antidote, Just Like With Savaysa (Posted by Tom Lamb at DrugInjuryWatch.com) The headline of a recent medical news report about Savaysa (edoxaban), from Daiichi Sankyo, made it seem that there are no serious problems with the use of this still relatively new non-vitamin K antagonist oral anticoagulant. Published June 20, 2016 by Healio - HemOnc Today, "Edoxaban safe, effective for extended prevention of recurrent VTE" starts out with this apparent ringing endorsement: Extended treatment with the oral anticoagulant [Savaysa (edoxaban)] prevented recurrent venous...
Bankruptcy Home Blog
Bankruptcy Tips for Chapter 7 bankruptcy23 Jul 2016 | 7:09 amVisit www.bankruptcyhome.com for the original content posted here, Bankruptcy Tips for Chapter 7 bankruptcy Recently on our bankruptcy forum a user asked, "I am in a financial crisis. My spouse has divorced me, I need to find a job, and I am suffering from a severe medical condition. I have not worked in years, and I am scared. Additionally, I have over $50,000 in medical debts. I am thinking […]
Repay loans or file for bankruptcy?16 Jul 2016 | 10:07 amVisit www.bankruptcyhome.com for the original content posted here, Repay loans or file for bankruptcy? Recently on our bankruptcy forum a user asked, "I have a car loan, credit card debt of $10,000, college loans exceeding $100,000, and medical bills totaling $35,000. I have a decent job, but don't see a way that I will ever be able to repay all of my secured and unsecured debt. Do you think […]
Cannot pay my rental payments what are my options?9 Jul 2016 | 6:34 amVisit www.bankruptcyhome.com for the original content posted here, Cannot pay my rental payments what are my options? Recently on our legal forum a user asked, "I have lived in my rental home for four years. I lost my job last month, and I cannot pay my rental payments. I don't want to move, but my landlord is threatening to evict me. What are my options?" Steps if you cannot pay your rental […]
Asbestos HUB: Medical and Legal Information
Dr. Thierry Jahan on the CRS-207 Vaccine in Mesothelioma [interview video]15 Jul 2016 | 11:14 amThierry M. Jahan, MD, a clinical professor in the Department of Medicine at the University of California San Francisco Helen Diller Family Comprehensive Cancer Center, discusses a phase Ib trial of CRS-207 in malignant pleural mesothelioma (MPM). CRS-207 is a live-attenuated, double-deleted Listeria monocytogene engineered to express the tumor-associated antigen mesothelin. In the the phase Ib it was administered with chemotherapy to 38 patients with MPM. Of 34 evaluable patients, 59% (n = 20) had partial response posttreatment and 35% (n = 12) had stable disease, for an overall disease-control rate 94%. [Article continues at original source] Source: Dr. Thierry Jahan on the CRS-207 Vaccine in...
Surgery Improves Quality of Life for Patients With Malignant Pleural Mesothelioma11 Jul 2016 | 2:26 pmUndergoing pleurectomy and decortication (PD) for malignant pleural mesothelioma (MPM) generally leads to improved quality of life after the surgery. These findings were presented at the 2016 American Society of Clinical Oncology Annual Meeting. Many patients with malignant pleural mesothelioma avoid the operation because they fear it will degrade their quality of life. The disease is caused by environmental factors such as asbestos exposure and by a genetic predisposition to the cancer. Malignant pleural mesothelioma develops in the pleura, the thin layer of tissue surrounding the lungs. As the tumor grows, it restricts the lungs, typically causing shortness of breath, fatigue, weight loss, and/or chest...
Teacher developed cancer from asbestos5 Jul 2016 | 2:18 pmThe case of a former Queensland science teacher who was diagnosed with cancer after working with equipment made from asbestos is not isolated, his lawyers say. The 69-year-old, who has requested not to be named, taught in a Toowoomba school for over a decade in the 1970s and 80s. A former science teacher has been diagnosed with mesothelioma. Photo: Jason South He said he spent each day "inadvertently breathing in the ticking time bomb" because Bunsen burner safety mats, which were made from asbestos, were slowly disintegrating as they were moved around the classrooms. He was diagnosed with mesothelioma in March this year. "Prior to my diagnosis I was very fit and healthy," the father of two and...
Real Lawyers Have Blogs
Top 10 in Law Blogs: Brexit, Online Accounts, Labor Unions25 Jul 2016 | 4:56 pmWelcome back from your weekend—hope it was a good one. Don't miss our Quick Links series over on LXBN if you need any writing inspiration, and let's dive into our top 10 today:

This is the house that Brexit built

...
In-House Counsel; Energy & Environmental: New blogs joining the LexBlog Network22 Jul 2016 | 4:08 pmWell summer is back in Seattle, and it's looking like our weekend is going to be full of fun in the (very warm, and largely without air conditioned) sun. If you're like us, get ready for a relaxing weekend by ...
Top 10 in Law Blogs: Employment, Aviation, and Airbnb.22 Jul 2016 | 3:50 pmFriday is here, and on this day in 1939, at the World's Fair in New York City, Mayor Fiorello LaGuardia appointed Jane Bolin a judge of the city's Domestic Relations Court, making her the first African-American women appointed to judicial ...
Securities Docket
How Does Hedge-Fund Manager Joseph Meyer Make So Much Money? – Bloomberg26 Jul 2016 | 9:33 amClients aren't quite sure how it's done. And Joseph A. Meyer Jr., the man behind the obscure hedge fund, Arjun LP, is keeping his cards close. He says only that he employs a computerized system of his own design but invests most of his clients' money in safe Treasury bonds. Meyer is so confident in his approach that he offers an extraordinary guarantee: With Arjun, you will never lose money. His price of admission is steep, however. Investors must hand over their cash for a decade. If they exit early, Meyer keeps half the principal. via How Does Hedge-Fund Manager Joseph Meyer Make So Much Money? – Bloomberg
Cornerstone Research Report: Number of Securities Class Action Filings Rises, Fueled by M&A-Related Challenges – Press Release26 Jul 2016 | 8:51 amPlaintiffs filed 119 new federal securities class action cases in the first half of 2016, a 17 percent increase over the last half of 2015, according to Securities Class Action Filings—2016 Midyear Assessment, a new report released today by Cornerstone Research and the Stanford Law School Securities Class Action Clearinghouse. The total represents an increase of 17 cases from the second half of 2015, and 32 more than the first half of 2015. The 119 filings were 27 percent higher than the semiannual average of 94 filings observed between 1997 and 2015. via Cornerstone Research Report: Number of Securities Class Action Filings Rises, Fueled by M&A-Related Challenges – Press Release
Why do securities class actions drag on once SCOTUS gets involved? — On the Case26 Jul 2016 | 8:50 amSo: securities class actions that have gone to the Supreme Court seem to be unusually contentious and difficult to settle. Which side is responsible? Thomas Dubbs of Labaton Sucharow, who was lead counsel for the Connecticut fund that settled Wednesday with Amgen, told me his side's resolve deepened after its big win at the Supreme Court. But delay typically benefits deep-pocketed defendants and lawyers working at hourly rates more than shareholders and their contingency-fee counsel. via Why do securities class actions drag on once SCOTUS gets involved? — On the Case
HealthBlawg :: David Harlow's Health Care Law Blog
"What we need is more regulation . . . ."26 Jul 2016 | 9:02 amWe are awash in digital health data. And we are awash in multiple regulatory schemas designed to protect privacy, security and appropriate access to all this data. Some data is "traditional" health care data governed by the familiar patchwork of federal and state statutes and regulations (rhymes with "HIPAA"). Some is the product of new consumer health tracker devices and apps which are not reached by HIPAA (except for some provided to individuals by health care providers or insurers). Privacy, security and access is guaranteed with respect to much of the health data not governed by HIPAA thanks to the oversight of the FTC (and cognate state agencies), with a twist: while most specific federal and...
Is a Ransomware Attack a Data Breach? Maybe.13 Jul 2016 | 5:48 amOCR issued guidance on ransomware this week (link goes to blog post; here's a direct link to the ransomware guidance), after a widely-reported spate of ransomware attacks hit the healthcare industry (and as a likely large proportion of healthcare operations experience ransomware attacks but do not comment on them or report them publicly). Ransomware is clearly a matter of increasing public concern, members of Congress have been weighing in on the need for guidance, and some folks have been calling for legislation. But is a ransomware attack a data beach? Here's what I said to Dan Munro a few months back for his post on Forbes.com: Ransomware has just recently come to the fore as a threat to the healthcare...
Medicare & Chronic Care: Feds Clearing Out Underbrush?12 Jul 2016 | 3:47 pmIn a stunning display of self-awareness, the federales are engaged once more in simplifying, and soliciting input on clarifying, some of the more ambitious Medicare chronic care provisions in the 2017 Medicare Physician Fee Schedule. The thicket of Medicare regulations is viewed as the culprit, and this brings to mind one of my favorite judicial quotes (Rehab. Associates of VA v. Koslowski): There can be no doubt but that the statutes and provisions in question, involving the financing of Medicare and Medicaid, are among the most completely impenetrable texts within human experience. Indeed, one approaches them at the level of specificity herein demanded with dread, for not only are they dense reading of...
Getting 'Bent to Lick Cancer27 Jun 2016 | 5:51 pmThe first weekend of August is set aside for the Pan-Mass Challenge, when 6,000 or so of my closest friends and I will be bicycling to raise money for the Dana Farber Cancer Institute's Jimmy Fund. I'm riding 200 miles over two days, as I have done most years for over a decade. (I've been riding my recumbent bike for a while now — hence "getting 'bent.") This year will be "lucky thirteen" for me — and I'm not only a rider, I'm a cancer survivor. It's personal. Like many of you, I have also seen many friends and family members afflicted by cancer. Some have lived, and some have died. Incredible progress is being made in diagnosing and treating the hundreds of diseases we call "cancer." The researchers and...
Consumer-focused technology is transforming healthcare as we know it24 Jun 2016 | 5:03 amBy Tamara StClaire This guest post is part of the Festschrift of the Blogosphere celebrating HealthBlawg's Tenth Blogiversary. Festschrift posts are appearing throughout the month of June 2016. Imagine for a moment a day in the life of a type 2 diabetic. Today, her efforts to stay physically active, maintain a balanced diet and monitor stress levels are analog and disjointed; but we're approaching an era in which they will be digital and connected. Her alarm clock wakes her up at 5:30 a.m. and guides her through an appropriate exercise routine – 30 minutes of cardio and 15 minutes of strength training. She then weighs herself on her Wi-Fi-enabled scale and checks her blood glucose level using an...
Colorado Law Blog – Personal Injury News and Information
What to know about bad faith insurance actions20 Jul 2016 | 9:22 amColorado ranks second only to Texas for the number of insurance claims filed due to hail strikes on homes, property and cars over the past three years, according to the National Insurance Crime Bureau. In Colorado, hail-related insurance claims numbered 182,591 between 2013 and 2015, accounting for 9 percent of the U.S. total, even though the state only accounts for 1.7 percent of the country's population. "As soon as it warms up, we are headed into our peak storm season," warned Carole Walker, executive director for the Rocky Mountain Insurance Information Association (RMIIA). Walker says homeowners should be prepared for any potential storm damage, which includes becoming familiar with your insurance...
How to protect yourself from a dangerous slip and fall accident14 Jul 2016 | 7:45 amMany of us will hit the road this summer for family vacation fun, visiting area hotels and restaurants along the way. Unfortunately, these destinations are ripe for slip and fall accidents. According to the National Safety Council, approximately 25,000 people a day are victims of slip and fall accidents, accounting for over 8 million hospital emergency room visits. Slip and falls are the number one cause of accidents in restaurants with over one million guests injured annually as a result of restaurant slips and falls. Statistics show that most restaurant slip and falls are directly related to wet or unsafe flooring, inappropriate footwear, and inadequate hazard identification. Slips and falls are...
How to avoid whitewater injuries this season6 Jul 2016 | 11:26 amColorado is well known for its outdoor recreation activities, and one of the most popular this season is whitewater rafting. Each year whitewater rafting is enjoyed by nearly half a million people in our state, contributing an economic impact of more than $160 million. But with this excitement often comes danger, and rafting injuries and deaths have been on the rise in Colorado. Last year, authorities reported 17 deaths in Colorado, well above the state average of 10 each year. This has forced some whitewater rafting companies to move to calmer rapids and keep extra safety gear on hand. "Wiley Ledwith, part-owner of Independent Whitewater in Salida, said a lot of rafting companies are busing people to...
Texting and driving? Watch out for the Textalyzer!24 Jun 2016 | 2:21 pmDistracted driving due to cellphone use is reaching troubling levels, despite more states banning texting by drivers, Colorado among them. According to the latest figures from the U.S. National Highway Traffic Safety Administration (NHTSA), in 2014, 32,675 Americans died in traffic crashes, and in 94 percent of these crashes, the driver was the cause of the crash. Mark Rosekind, NHSTA Administrator, says distracted driving is playing an increasing role in these accidents. In fact, the U.S. Department of Transportation (USDOT) reports that distracted driving kills more than 3,000 people and injures over 430,000 people each year, and shows no sign of improvement. "For decades, USDOT has been driving safety...
Why chronic auto accident pain may linger long after the crash15 Jun 2016 | 9:30 amAlthough the number of motor vehicle collisions, and those reporting an injury after an accident, have decreased in the past decade, this data fails to tell the entire story. "Ninety percent of patients seen in the emergency department after motor vehicle collisions are not admitted," says Ana Bermudez, a clinical research coordinator at the University of North Carolina (UNC). This makes it difficult to track the true number of injuries, especially those resulting in lingering pain. Even worse, according to Bermudez, is that chronic post-motor vehicle collision pain develops in 20 to 40 percent of these same individuals who never reported an injury. The persistent pain that often accompanies whiplash and...
P.I.S.S.D. — Personal Injury, Social Security Disability. Dallas Texas Lawyers
Legal Expectations: What Attorneys Want from Paralegals26 Jul 2016 | 6:16 amLawyers hire paralegals to make their lives easier. Much of the work an attorney does can be done by a paralegal. It is against legal ethics for paralegals to give legal advice to clients or to appear on behalf of a client in court. Otherwise, paralegals can do pretty much anything a lawyer can do and for a much cheaper rate. Paralegal Studies Degree or Certificate Most lawyers expect their paralegals to have some type of paralegal degree. Some law firms will only hire paralegals who went to ABA-approved paralegal programs. The American Bar Association recommends two and four year colleges, many of which offer an option for obtaining an online paralegal degree. Experience Many lawyers want paralegals with...
3 Potential Consequences of Drunk Driving25 Jul 2016 | 6:30 amEven if you do not feel impaired, driving a motor vehicle after having too many drinks is very dangerous. Everyone knows that drunk driving can lead to legal charges, but being imprisoned or fined are not the only penalties that you will face if you are driving while under the influence of alcohol. Here are a few other potential consequences that you might face if you choose to drive drunk. You Will Lose Your License The legal penalties for drunk driving often include suspended or revoked driver's licenses. Even a first conviction with no previous charges may result in up to two years without a driver's license. Depending on where you live, this may make it very difficult to do daily activities. In small...
Friday Fun22 Jul 2016 | 7:27 amHow could anyone possibly resist exploring a site called TheUselessWeb? The post Friday Fun appeared first on P.I.S.S.D. -- Personal Injury, Social Security Disability. Dallas Texas Lawyers.
3 Tips For Caring For Your Car After An Accident21 Jul 2016 | 6:10 amVehicle accidents are stressful events that can result in significant physical injuries and financial loss. However, there are some things that a person can do to limit the financial damages that are caused to a vehicle in an accident. Taking a little time to care for the vehicle after an accident can result in saving money and getting the vehicle repaired and back on the road quickly and safely. Area Safety Once the passengers in a vehicle are safe from harm, a person involved in an accident needs to take action to protect his or her car from further damage. Hazard lights should be used to signal approaching drivers of the location of the vehicle. If the scene is safe, and with police permission, the car...
Self Defense Practices for Women20 Jul 2016 | 6:30 amToo often women are faced with the reality of being ill-equipped to defend themselves when in a vulnerable situation. Predators are unpredictable and, as a woman, it is best to know how to protect yourself when encountering a potential attack. Here are a few useful tools a woman can possess to enable herself to feel safer, wiser and more prepared in a precarious situation. Martial Arts There are many different styles of martial arts that teach self-defense techniques. Tae Kwon Do can be useful for women with strong legs, as the practice teaches many ways to make your opponent defenseless with a single kick. Brazilian Jiu Jitsu focuses on combat that occurs on the ground; the movements can enable women to...
Marquette University Law School Faculty Blog
When is it Plagiarism?19 Jul 2016 | 12:46 pmLast night's Republican National Convention has thrust "plagiarism" to the forefront of the news. One of last night's speakers was Melania Trump, the wife of presumptive Republican presidential nominee Donald J. Trump. Trump's speech sounded to many strikingly similar to one given eight years earlier—by First Lady Michelle Obama at the Democratic National Convention in 2008. How similar? Incredibly so. Not just identical words, but nearly identical context and sentence structure. At one point, Trump says, "Because we want our children in this nation to know that the only limit to your achievements is the strength of your dreams and your willingness to work for them" (emphasis added). Eight...
Strong Support for Marijuana Legalization in Law School Poll, But Results for Other Drugs Harder to Interpret18 Jul 2016 | 8:41 amIn the Marquette Law School Poll conducted earlier this month, fifty-nine percent of registered Wisconsin voters agreed that marijuana "should be fully legalized and regulated like alcohol." Only thirty-nine percent disagreed. Support for legalization in Wisconsin follows the recent decisions to legalize marijuana in Colorado and Washington in 2012, and in Oregon and Alaska in 2014. Nationally, support for legalization has grown steadily since the early 1990s and finally crossed the fifty-percent threshold in 2013. (On the local level, the Public Policy Forum published a thoughtful assessment of the costs of marijuana enforcement in Milwaukee earlier this year.) In the Law School Poll, respondents were...
An Eye-Opening Visit to Iran16 Jul 2016 | 11:43 amMy work in Restorative Justice provides me with many rewarding travel experiences, and my recent trip to Iran is at the top of the list. Professor Mohammad Farajahi, who teaches Persian law at Tarbiat Modares University in Tehran, invited me to attend a Restorative Justice ("RJ") conference at its law school. I was one of seven keynote speakers from around the world, each asked to discuss how our respective country actively uses RJ processes within the criminal justice system. The conference also was an opportunity to discuss my current RJ projects as a panelist with Iranian and Iraqi lawyers and judges as well as to hear 40 scholars from Tehran present their research and findings on a variety of RJ...
Public Policy and American Drinking Water14 Jul 2016 | 11:09 amOn September 7, 2016, amid great concern about the future of water quality and quantity, Marquette Law School will host a conference titled "Public Policy and American Drinking Water." The conference will take an interdisciplinary approach to exploring the legal, scientific, engineering, and environmental water issues that fill today's news and touch all of our lives. Leading figures from a variety of disciplines will discuss topics such as lead and aging infrastructure, privatization of water systems, public perceptions of water quality issues, the (under)valuation of water, and quantity and quality concerns related to groundwater. Attendance is complimentary and open to the public, but...
When in Rome (Teach Restorative Justice)14 Jul 2016 | 10:47 amStudents and staff join me during my spring 2016 Rome teaching experience. Last spring, I again had the privilege to travel abroad to train people in Restorative Justice ("RJ"). Father Hans Zollner, S.J., director of the Pontifical Gregorian University's Center for Child Protection in Rome, invited me to teach a segment of a diploma course addressing the Catholic sex abuse scandal. Specifically, the training involves safeguarding minors. My students included 19 religious sisters, brothers and priests representing 19 countries. It was an honor to work with such a diverse group of individuals, who are truly eager to repair the harm caused to so many innocent victims. Although I was the teacher, the students...
Green Building Law Update
HUD Jumpstarts PACE Financing for Homes24 Jul 2016 | 11:42 amLast week the U.S. Department of Housing and Urban Development and the Department of Veterans Affairs released new guidance, changing their previous positions, now widely allowing residential Property Assessed Clean Energy (PACE) financing. With the guidance, PACE financing, where payments for energy efficiency, water conservation and renewable energy improvements to real estate are made through a building owner's property tax bill without upfront cash from the owner could be bigger than anything in U.S. real estate since the invention of the glass window. PACE state enabling statutes generally authorize local governments to work with private sector lenders to provide upfront low interest financing to...
GMO Labels Coming to your Supermarket17 Jul 2016 | 10:28 amOn the last day before leaving on a seven week recess, this past Thursday Congress enacted The Safe and Accurate Food Labeling Act of 2015 requiring the U.S. Department of Agriculture to regulate the labeling of bioengineered foods (often described as genetically modified foods or GMOs). The bill trumps the Vermont GMO labeling law that went into effect July 1st (.. who says Congress cannot act swiftly in a bipartisan way) and forestalls a hodgepodge of different state GMO laws being considered in at least 14 states. Specifically the bill amends the Agricultural Marketing Act of 1946 to require the Secretary of Agriculture to establish a national disclosure standard for bioengineered foods. In the parlance...
Miami Beach's New Green Building Tax10 Jul 2016 | 12:10 pmSome years ago an ordinance enacted by the City of Miami Beach received accolades across the globe when it protected endangered sea turtles that nest on the beaches of Miami Beach, by "restricting artificial lighting and other activities that disorient turtle hatchlings, causing them to crawl toward land rather than toward the ocean." However, a recent enactment by the City of Miami Beach is not being so widely applauded. On February 10, 2016, the City Commission voted unanimously to adopt the Sustainability and Resiliency ordinance which imposes a new tax for the failure to achieve LEED Gold certification or Living Building Challenge certification on new constructions over 7,000 square feet or ground...
Supreme Court Decision is Good for Green Globes3 Jul 2016 | 10:54 amThe recent unanimous decision of the U.S. Supreme Court in Kingdomware Technologies, Inc. v. United States, is a win for small businesses and very good for those that work on Green Globes projects. In an effort to encourage small businesses, Congress has mandated that federal agencies restrict competition for some federal contracts. The Small Business Act requires many federal agencies, including the Department of Veterans Affairs, to set aside contracts to be awarded to small businesses. Kingdomware, a Maryland veteran owned small business, unsuccessfully vied for a federal contract from the VA to provide emergency notification services. Kingdomware sued, arguing that the VA violated federal law...
You Need to Review a SITES Scorecard, Now26 Jun 2016 | 11:28 amSITES is a sustainable landscape rating system. SITES is modeled after the LEED green building rating system. And while it is a standalone tool for measuring landscape sustainability, in June 2015, Green Business Certification Inc., the USGBC associated certification body for LEED, announced it had acquired the exclusive rights to the SITES rating system, its publications and trademarks. The well regarded material on which the SITES v2 rating system (there actually was no version 1, but there was a multi-year pilot) is based was developed by the American Society of Landscape Architects, The Lady Bird Johnson Wildflower Center at The University of Texas at Austin, and the United States Botanic Garden. Of...
California Employment Law Report
Five myths about California employment law22 Jul 2016 | 6:47 pmThis week's Friday's Five covers five misconceptions about California employment law that can land employers in a lot of hot water:

Meal and rest breaks see so trivial.

 The topic for the uneducated (or out of state) employer does seem trivial. However, with the penalty owed to employees of one hour of pay for each missed meal or rest break (i.e., up to two hours of penalty pay per day) these violations add up to significant amounts of liability very quickly. Wal-Mart's 2005 verdict in California for meal and rest break violations for $172 million is a good example.

My payroll company understands the laws about wages and itemized pay statements.

 Payroll companies are not law firms and they will...
Friday's Five: Five reminders about rest breaks under CA law15 Jul 2016 | 7:06 pmFriday is here already? Today's post is a review for many experienced operators in California, but surprisingly I've been getting a lot of questions about 10-minute rest breaks recently by a lot of employers. So I thought I would have a refresher post for today's Friday's Five about some requirements about 10-minute rest breaks under California law: 1. Timing of rest breaks The 10-minute rest break must be provided to employees who work over three and a half hours. Employers must authorize and permit employees to take 10-minute rest breaks for every four hours worked, or "major fraction" thereof. A "major fraction" of four hours is anytime more than two hours. Insofar as...
City of San Diego's minimum wage and paid sick leave law effective July 11, 201614 Jul 2016 | 9:18 amThe City of San Diego's minimum wage increase and paid sick leave were made effective on July 11, 2016. Therefore, all employers that have workers who work within the City of San Diego for two hours or more in any week must comply with the minimum wage increase ($10.50/hour) and paid sick leave requirements. The minimum wage will increase as follows: Effective Date Minimum Wage Rate July 11, 2016 $10.50 January 1, 2017 $11.50 January 1, 2019 and each following year Increase tied to Consumer Price Index (CPI) The City is considering an Implementing Ordinance that would clarify and change some of the provisions of the law, such as:

Allowing employers to cap the paid sick leave at 80 hours...

Five items to review for local minimum wage and paid sick leave laws7 Jul 2016 | 11:52 pmIn this Friday's Five post, I discuss five items that SoCal employers should review to ensure compliance with the minimum wage and paid sick leave increases in many cities and counties that took effect on July 1, 2016 or soon thereafter. The post Five items to review for local minimum wage and paid sick leave laws appeared first on California Employment Law Report.
Five things I'm thankful for this Fourth of July1 Jul 2016 | 2:24 pmI published this post last year just before the Fourth. Thinking back on it again this year I want to publish the same post, and hopefully I'll be able to keep publishing it for many years to come. Hope you have some time this weekend for put aside your work for a bit this weekend and enjoy some time with your family. Happy Fourth! Five things I'm thankful for this Fourth of July: 1. For the great risk and sacrifice our Founding Fathers took to establish the country. When learning about the Founding Fathers in high school history class I did not have a perspective about the risks the Founders took in establishing the country. Only now that I have a business, a family, and am relatively...
The Rainmaker Blog
Habits of the New Legal Consumer21 Jul 2016 | 3:03 pmA few months ago, Avvo released the results of a survey it had done of 1,000 consumers who purchased legal services to discover what attorneys need to know today about the new legal consumer. The Avvo study offered a three-point description of today's legal consumer. They are: Informed — access to legal information online has made consumers more savvy than ever about the options available to them. They are reading legal articles, researching their particular legal issue, researching an attorney and visiting legal forums online. Connected — people now have immediate access to other legal consumers online and they are reading reviews about others' experiences with attorneys. Picky — consumers know there...
3 Surefire Strategies to Put a Stop to No-Shows20 Jul 2016 | 2:57 pmNo-shows — prospective clients who book an appointment but fail to show up — are not only frustrating, they are a waste of time, money and resources. All lawyers hate them, but busy lawyers really hate them. And so do we. Which is why I'm sharing these three surefire strategies to put a stop to your no-shows: #1: Give a meeting preview. You know the valuable knowledge you will be imparting during your first meeting with a prospect, but they have no idea. Sure, they called you to book an appointment to discuss their problem, but they have no clue what you can do for them. In order to help them understand the value of your meeting, give them a short, high-level view of the wisdom you'll be providing...
21 Secret LinkedIn Tricks to Help Lawyers Get Better at Social Networking19 Jul 2016 | 2:55 pmIn some respects, LinkedIn is like an onion, with many layers that can reveal hidden treasures in terms of lead generation, marketing and research. Like other social networks, you can easily get lost on LinkedIn or just complacent by doing the same things when you're on the site. Little did you know that there are obscure features that will allow you to, among other things:

Keep your connections private so only you can see them

Send a message to someone you're not connected to

Get new leads emailed directly to you

Find prospects that already have something in common with you

Customize your connection requests

Automate posts to the groups you're in

Set follow-up reminders

Search a client's...

What the New Changes to the Facebook News Feed Mean for Legal Marketers18 Jul 2016 | 1:30 pmA couple of weeks ago, Facebook announced that it was making changes to its News Feed algorithm that would result in showing more feeds from user's friends and family members and fewer items from institutional brands. This is in direct response to Facebook users saying they want to see more content from the people and places they are already connected with, and less from people or companies they don't know or care about. What this means for legal marketers is this: if you are currently doing all your posting under your firm's umbrella, consider making more posts under your own name. That doesn't mean you should abandon your firm page, especially if you've built up a good following. Just consider...
Pokémon Go Can Be a Great Way to Catch Customers for Your Small Business15 Jul 2016 | 9:42 amAround the globe, tens of millions are wandering the streets, clutching their cell phones while on the hunt for Jigglypuffs, Squirtles, and Pikachus as they play the "augmented reality" epidemic called Pokémon Go. Many of these folks may be exploring new neighborhoods while on their quest, and the "PokeStops" and "gyms" where players gather to collect valuable virtual objects can mean large crowds of potential customers gathering near small businesses and shops across the country. Even if you're a business owner who thinks the whole Pokémon Go phenomenon is silly or incomprehensible, it would be foolhardy to dismiss something that has the potential to raise awareness of your business and...
internetcases » cases
Cruz campaign still facing copyright and breach of contract liability over songs used in political ads14 Jul 2016 | 3:45 pmCourt denies motion to dismiss copyright and breach of contract claims over songs used in YouTube and TV political ads. Months after Ted Cruz ended his presidential bid, his campaign, and the advertising company hired to create ads for the campaign, still face liability over two songs used in YouTube and television ads. A federal […]
No statutory damages in online copyright case where infringement continued after copyright registration5 Apr 2016 | 2:41 pmIf a copyright infringement begins before the plaintiff registers its copyright, and continues after the date of registration, can the plaintiff recover its attorney's fees and statutory damages for the infringement that occurs after registration? The U.S. District Court for the Southern District of Indiana recently considered that question in the case of Bell v. […]
Website operator not liable for copyright infringement despite lack of DMCA safe harbor protection3 Apr 2016 | 3:21 pmOnline platforms that allow user-generated content should take advantage of the safe harbor provisions of the Digital Millennium Copyright Act (DMCA), which protect the platform in the event of a third party claim of copyright infringement over the user-generated content. But the recent case of BWP Media USA, Inc. v. T&S Software Associates, Inc., 2016 […]
Court holds browsewrap agreement not enforceable19 Mar 2016 | 7:45 amPlaintiff filed a consumer fraud class action lawsuit against defendant, the operator of an ecommerce website. Defendant moved to have the case heard by arbitration, arguing that the arbitration provision in its website's terms of use required the dispute to be arbitrated instead of heard in court. The terms of use were in the form […]
Communications Decency Act shields Backpage from liability for violation of federal sex trafficking law15 Mar 2016 | 8:53 pmThree Jane Doe plaintiffs, who alleged they were victims of sex trafficking, filed suit against online classified ad provider Backpage.com ("Backpage"), asserting that Backpage violated the federal Trafficking Victims Protection Reauthorization Act ("TVPRA") by structuring its website to facilitate sex trafficking and implementing rules and processes designed to actually encourage sex trafficking. The district court […]
Federal Employment Law Articles
FAQs on the Final Overtime Regulations24 Jul 2016 | 10:00 pm
Employers Can Claim Tip Credit Even When Employees Perform 'Related Duties,' 7th Circuit Rules24 Jul 2016 | 10:00 pmRestaurants and other employers that require wait staff, bartenders and other tipped employees to clean tables, make coffee or perform other similar duties can draw comfort from a new appeals court ruling.
Employee Password Sharing Can Be Criminal Activity, 9th Circuit Finds24 Jul 2016 | 10:00 pmA divided 9th Circuit Court of Appeals has upheld the criminal conviction of a man who accessed his former employer's database to gain proprietary information by using a former co-worker's username and password. The case of US v. Nosal involved a former high-level executive at Korn/Ferry International, an executive search firm.
Labor Unions Use Technology to Grow and Maintain Membership24 Jul 2016 | 10:00 pm
Evolving Hiring Methods in the Gig Economy24 Jul 2016 | 10:00 pm
Tips Tuesday26 Jul 2016 | 4:00 amHere are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on research and writing, practice, and technology. Research & Writing Split Infinitives; Or, Star Trek, You Have a Lot to Answer For Neil Guthrie The infinitive of a verb is the form with 'to' in front of it. As in, to be or not to be. A split infinitive is a verb in this form, but with something stuck between to and the main bit: to not be, by way of example. … Practice 10 Tips to Get the Most Out of Email Andrea Cannavina Slow Down.The point is to use email to increase productivity, not be the fastest to respond. Common courtesy is to respond within 24 hours. …
The Move to Visuals (And Why You Should Care)26 Jul 2016 | 4:00 amSocial Media Camp is the national conference on social media that attracts international speakers and attendees. At this year's event, virtually all presenters agreed that images and video are taking over the internet. What do they mean by this? Consider the following:

YouTube is now the second largest search engine – just behind Google – and may soon surpass it. (Don't feel badly for Google as they own YouTube).

Google is now building four-story data centre buildings to house the servers required to support increased data space needed on the cloud for things like images and video. These guys plan ahead. Drastic infrastructure changes from this industry mean something for the future.

 Cisco has...
Best Guide to Canadian Legal Research Sustained26 Jul 2016 | 3:00 amI was delighted to see the announcement that Catherine Best's fantastic work at legalresearch.org will continue on under an excellent editorial board after her retirement. Catherine generously donated the site to CanLII and the site has been renamed The Canadian Legal Research and Writing Guide. What a fabulous legacy. The Best Guide is one of those resources that act as a starting point for fresh legal researchers, a reminder for the occasional researcher, and a review for the experienced. It is a frequently referred to resource in student training programs, including the Edmonton Law Libraries Association HeadStart program, which, with Catherine's generous permission, has included portions of it in the...
Open a File for Pro Bono Matters Too25 Jul 2016 | 8:10 amThis post is by Nora Rock, corporate writer and policy analyst at LAWPRO Pro bono work is something nearly every lawyer does occasionally. Here's one practical tip for avoiding some pro bono pitfalls: open a file for every matter you handle. By "open a file", we mean treat the work like you would any other work. Run a conflicts check; diarize deadlines; document the client's instructions, your advice and the steps you take; and docket your time (even if you won't bill it). Treating an "off-books" matter like any other case makes it less likely that you will skip steps, overlook conflicts or deadlines, or fail to take the notes that may protect you should the matter lead to a claim. Nobody...
Why Do Lawyers Resist Ethical Rules Requiring Competence With Technology?25 Jul 2016 | 4:00 amRecently, the Virginia State Bar Council voted to adopt changes to the Model Rules of Professional Conduct. The changes were based on the American Bar Association's modifications to the Comments of Rule 1.1 respecting Competence ("…a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with technology…") and Rule 1.6 respecting Confidentiality ("(c) A lawyer shall make reasonable efforts to prevent the unintended disclosure of, or unauthorized access to, information relating to the representation of a client.") What's reasonable? The Comments go on to list relevant factors:

the sensitivity of the information

the likelihood of...

Native American Legal Update
Opposition Grows Against Bar Association Proposal To Ban Indigenous Blessings At Legal Conferences21 Jul 2016 | 1:30 pmNative prayer gathering at United States Supreme Court (fncl.org) The Washington State Bar Association is considering a proposal that would curtail or eliminate blessings and spiritual invocations at Continuing Legal Education seminars and related events attended by legal professionals. �It is common for such seminars that focus on Indigenous legal issues to be commenced with a blessing that gives thanks for the gathering and asking for wisdom and positive learning. Within the WSBA itself, strong opposition to the proposal has been voiced by the members of the Indian Law Section, the members of which are legal professionals who work primarily in and for tribal communities. �The Indian Law Section's letter...
Tlingit-Haida Tribes Acquire Billion-Dollar International Contracting Firm30 Jun 2016 | 7:35 am� The Central Council of Tlingit-Haida Indian Tribes of Alaska is doing something few tribal organizations do. This month the Tribes�acquired KIRA, Inc., an international maintenance contracting company that has undertaken more than $1 billion in federal contracting work, and KIRA will serve as a prime engine for the Tribes' economic development program Tlingit-Haida President Richard Peterson said the ultimate goal is to serve all of their tribal members, and not just those in Southeast Alaska. "It feels somewhat disingenuous to repeatedly say, 'I'm sorry you live outside of service area, but hey you're a citizen, thank you,'" Peterson said. Grant money that Tlingit-Haida receives mostly limits its...
9th Circuit Upholds Tribal Treaty Rights In Salmon Culverts Case28 Jun 2016 | 10:06 amKitsapsun.com The 9th Cirucit Court of Appleals has ruled that Washington state must repair road culverts that are blocking salmon from swimming to spawning areas because the pipes violate fishing rights protected by tribal treatie. �The ruling is a major victory for 21 tribes joined by the U.S. government that sued Washington state in 2001, arguing that hundreds of culverts block salmon from more than 1,000 miles of streams in western Washington. "The Indians did not understand the Treaties to promise that they would have access to their usual and accustomed fishing places, but with a qualification that would allow the government to diminish or destroy the fish runs," Judge William Fletcher, of the 9th...
Dollar General Case Highlights Tribal Sovereignty In Business Dealings27 Jun 2016 | 2:13 pm�By�Lisa Nagele-Piazza, SHRM-SCP, J.D., senior legal editor for SHRM. A tribal court for the Mississippi Band of Choctaw Indians has jurisdiction to decide a case involving a teen worker at a Dollar General store on tribal land who claims a manager sexually molested him, according to a June 23 Supreme Court ruling. The 4-4 decision will leave intact a ruling by the 5th U.S. Circuit Court of Appeals, which held that the teenage tribe member's negligent hiring claim against the retail chain will be heard in tribal court rather than in a U.S. court. "The 4-4 vote is effectively a default ratification of the earlier decision from the 5th Circuit," according to W. Gregory Guedel, an attorney with Foster Pepper...
Supreme Court Upholds Tribal Court Jurisdiction In Dollar General Case23 Jun 2016 | 2:06 pmIn the much-anticipated ruling in�the Dollar General v. Mississippi Band of Choctaw Indians case,�the U.S. Supreme Court affirmed the right of the tribal court to assert jurisdiction over a non-tribal corporation operating its business on tribal land. �The case involved accusations by a thirteen-year-old member of the Mississippi Band of Choctaw Indians Tribe that a manager at a Dollar General store on the Tribe's reservation had sexually molested him while he was an intern at the store. The child and his parents filed a lawsuit against the manager and Dollar General in tribal court, arguing that the store was liable for the manager's conduct. �Dollar General asserted that it could not be sued in tribal...
Technology & Marketing Law Blog
Blogger Doing Investigative Research Defeats Personal Jurisdiction–FireClean v. Tuohy26 Jul 2016 | 12:22 pmFireClean sells an eponymous cleaning oil, FIREClean, "advertised to reduce carbon residue buildup in firearms." Andrew Tuohy blogs about firearms at the Vuurwapen blog (Dutch for "firearms"). Allegations swirled that FIREClean was just Crisco. Tuohy worked with a University of Arizona chemistry professor to test those allegations using an "Infrared Spectroscopy to compare the chemical structures of FIREClean, canola oil, and soybean oil." The conclusion: "[FIREClean] was probably a modern unsaturated vegetable oil virtually the same as many oils used for cooking." Tuohy blogged the research results and that conclusion. He followed up with another post accusing FireClean of rigging test results in one of...
Search Engine Snippets Protected By Section 230–O'Kroley v. Fastcase25 Jul 2016 | 9:56 amThe plaintiff's vanity Google search results included the following snippet: "indecency with a child in Trial Court Cause N . . . Colin O'Kroley v Pringle." The linked result (to Google Book's indexing of Texas Advance Sheet–see image) contained a summary of the child indecency case preceding the listing for O'Kroley's totally unrelated lawsuit. O'Kroley asserted that this search result snippet harmed him, so he demanded $19.2 trillion in damages (GOBOGH!). The trial court said no, citing Section 230. The appeals court, in a short but surprisingly published opinion, affirmed. The appellate court's entire discussion about Google's liability (some cites omitted): Seeking to encourage websites like...
Message Board Operator May Be Liable For Moderator's Content–Enigma v. Bleeping21 Jul 2016 | 11:43 amIt's been a brutal year for Section 230 jurisprudence, and the hits keep coming. In today's case, the parties ran into a judge who seemed unshakably determined–for reasons I can't determine–to deny the motion to dismiss. This produces an outlier opinion, ample grounds for appeal if the case goes that route, and yet another 2,800 word blog post from me that consumed many tearful and head-shaking hours. Enigma Software makes the anti-malware program SpyHunter. Bleeping Computer runs a computer support message board that included discussions about anti-malware programs. Bleeping Computer has an affiliate program relationship with Malwarebytes, a SpyHunter competitor. Enigma argued that the affiliate...
Sideloading Service Defeats Copyright Infringement Claims–BWP v. Polyvore20 Jul 2016 | 10:53 amBWP Media is a celebrity photo agency and a repeat online copyright plaintiff. Polyvore is…well, I don't really get what they do. They say the site "is a new way to discover and shop for things you love in fashion, beauty and home decor" and they mention "social commerce," whatever all that means. I don't think I'm in the target audience. Polyvore apparently enables its users to sideload photos as they browse the Internet. The term "sideload" doesn't appear in the opinion, but the court's opinion and Polyvore's own description point strongly to sideloading. So a user of Polyvore's "Clipper" tool can designate photos that are automatically loaded into Polyvore's database and added to the user's profile,...
Was Melania Trump's Plagiarism Also Copyright Infringement? (Guest Blog Post)20 Jul 2016 | 7:32 amBy Guest Blogger Tyler Ochoa The first night of the Republican National Convention generated quite a bit of controversy, as Melania Trump was accused of plagiarizing a key passage in her speech from a similar passage in Michelle Obama's speech at the 2008 Democratic Convention. See NY Times, Questions Over Melania Trump's Speech Set Off Finger-Pointing. All but the most biased Trump supporters had to admit that the two passages were too similar to be a coincidence, and that the passage was almost certainly plagiarized. But did the plagiarism rise to the level of copyright infringement? Almost certainly not. Here's why: There is an important difference between copyright infringement and...
JD Supra Legal Alerts: All
Securities Fraud – a Lesson for Promoters26 Jul 2016 | 6:01 amGray Reed & McGraw, P.C.
Quirky Question #286: Best Practices on Restroom Access and Terminology for Transgender Employees26 Jul 2016 | 6:00 amDorsey & Whitney LLP
New N. Calif. Report Suggests High Cost of Giving Birth Linked to Increased Health System Consolidation26 Jul 2016 | 5:57 amSheppard Mullin Richter & Hampton LLP
Federal Courts Teach Arbitration 101 In Recent Opinions26 Jul 2016 | 5:56 amStinson Leonard Street - Arbitration Nation
Final ACA Nondiscrimination Rules Under Section 1557 Now Effective26 Jul 2016 | 5:54 amSeyfarth Shaw LLP
The Securities Law Blog
FINRA Reminds Broker-Dealer Firms of Their Duty to Arbitrate | Indisputably26 Jul 2016 | 5:43 amProfessor Jill Gross' column on FINRA's position regarding broker-dealers' use of forum selection clauses to avoid FINRA arbitrationLast Friday, FINRA issued Regulatory Notice 16-25 reminding member firms that, under FINRA Rules 12200 and 13200, they have a regulatory duty to arbitrate at the request of a customer (account-related disputes) or an associated person (employment disputes). The Notice cited a number of recent circuit court decisions holding that a forum selection clause in the parties' agreement superseded FINRA rules. �(In those cases, the broker-dealer was attempting to avoid arbitration at FINRA.) �FINRA disagrees with those holdings, arguing that these courts improperly deemed firms'...
LAN Airlines Settles FCPA Charges25 Jul 2016 | 8:04 amThe Securities and Exchange Commission today announced that South American-based LAN Airlines has agreed to pay more than $22 million to settle parallel civil and criminal cases related to improper payments it authorized during a dispute between the airline and its union employees in Argentina.An SEC investigation found that when LAN encountered problems negotiating labor agreements with the unions, it was contacted by a consultant from Argentina who offered to negotiate on the company's behalf.� The consultant made clear that he would expect compensation for such negotiations, and that payments would be made to third parties who had influence over the unions.� LAN's CEO approved $1.15 million in...
Vincente L. Martinez, Chief of Office of Market Intelligence, to Leave SEC22 Jul 2016 | 12:10 pmThe Securities and Exchange Commission today announced that Vincente L. Martinez, Chief of the SEC's Office of Market Intelligence is planning to leave the agency in early August.Mr. Martinez began working in the SEC's Enforcement Division in 2003 as a staff attorney and senior counsel.� He became one of the first Assistant Directors in the Office of Market Intelligence when it was formed in 2010 as part of a major restructuring of the Enforcement Division. �Mr. Martinez left the SEC in 2011 to become the first Director of the Whistleblower Office at the Commodity Futures Trading Commission, and he returned to the SEC in 2013 to begin serving as Chief of the Office of Market Intelligence."Under...
Deputy Chief Accountant Brian T. Croteau to Leave SEC22 Jul 2016 | 10:34 amThe Securities and Exchange Commission today announced that Brian T. Croteau, Deputy Chief Accountant, is planning to leave the agency.Since he was appointed Deputy Chief Accountant in 2010, Mr. Croteau has managed the activities of the Office of Chief Accountant's Professional Practice group. �In this position, Mr. Croteau has played a key role in the Commission's work related to overseeing the activities of the Public Company Accounting Oversight Board (PCAOB), managing the resolution of auditor independence matters, monitoring and addressing matters related to requirements for internal control over financial reporting (ICFR), and monitoring audit and independence standard-setting...
SEC Halts Ongoing Fraudulent Stock Scheme22 Jul 2016 | 8:58 amThe Securities and Exchange Commission today announced it has won a court-ordered asset freeze to halt an ongoing fraud by two former brokers with disciplinary histories who allegedly raised more than $5 million from investors without using the money as promised.In an emergency action filed in federal court in Chattanooga, Tenn., the SEC alleges that James Hugh Brennan III and Douglas Albert Dyer sold purported shares in eight similarly named companies to more than 240 investors since 2008 without ever registering the stock as they promised.� Instead, according to the SEC's complaint, Brennan and Dyer transferred investor funds into their personal accounts or those belonging to their wives.� The SEC...
Allen & Allen Law Blog RSS Feed
Tips To Prevent Child Heatstroke in Cars25 Jul 2016 | 5:30 amWith children out of school, the daily schedule may differ day to day, tragedies can occur during this hectic time. It's vital to remain alert, engaged, and avoid distractions when transporting children on hot days in order to prevent injury or loss of life.
Pool Safety – Preventing Drain Entrapment21 Jul 2016 | 5:30 amThe Consumer Products Safety Commission (CPSC) reports that in the recent years there have been several dozen serious injuries and two deaths caused by drain entrapment. A few simple precautions can help keep your kids safe in the pool.
Keep Your Children S.A.F.E. on Playground Equipment18 Jul 2016 | 5:30 amEvery year in the United States, more than 200,000 children ages 14 years and younger are treated for playground-related injuries.
Safety Tips for Travelers Staying in Hotels15 Jul 2016 | 5:30 amWhether you are staying in a hotel for work or play, alone or with others, we have some recommendations to help to keep you and your loved ones safe.
Volkswagen Offers Settlement Terms for Car Owners Defrauded in Virginia11 Jul 2016 | 5:30 amVolkswagen AG (VW) has agreed to pay up to $14.7 billion to settle claims resulting from its diesel emissions cheating scandal. The buyback price and amount of the additional compensation will depend on the cars' value prior to the revelation that Volkswagen intentionally cheated on emissions quality tests.
Are You Writing This Down?
6 Ways to Make Your Attorney Retreat a Business Development Success26 Jul 2016 | 3:52 amMost firms have an annual attorney retreat of some type: all lawyers, all partners, all associates, etc. These events provide attendees with a chance to reconnect with colleagues, learn about new client successes, hear how the firm is doing, and generally have a good time in the company of friends. But firm retreats also present a great opportunity for each and every attorney to enhance their
5 Things I Learned at the In-House Counsel Panel at #LMA164 May 2016 | 7:48 pmLast month I attended the Legal Marketing Association annual meeting, two days of presentations on how lawyers and firms can better market their services and grow their practices. The highlight of the conference was the in-house panel, which this year featured Vince Cordo, Global Sourcing Officer at Shell, Matt Fawcett, General Counsel of NetApp, and Paul Drummond, Senior Legal Counsel at AT&T.
3 Reasons Why Every Lawyer Should Study JD Supra's Readers' Choice Awards15 Mar 2016 | 8:30 pmJD Supra just published their inaugural Readers' Choice awards, featuring top authors and top content across 26 categories in 2015. The accompanying report provides critical insight into who's reading what – and in which industry – that every lawyer should know. Some observations: Clients Read What They Need To Know First, the awards make clear that the "secret" of leading authors on JD Supra
3 (More) Ways to Jumpstart Your BD in 201617 Dec 2015 | 8:03 pmWant to do better in 2016? Give your business development a boost. Here are three ways: 1. Talk To Your Colleagues. Although you pass each other in the hallway 12 times a day, how often do you stop and talk business development with your fellow lawyers? Why not set aside one lunch per month to get together with one or two of them and talk business development? It doesn't have to be formal,
3 Questions As You Rewrite Your BD Plan for 20169 Dec 2015 | 1:27 pmThe end of the year is always a good time to take a hard look at your business development efforts of the last 12 months: what worked and what didn't, where you want to spend your time and effort next year, etc. If you're going through that exercise – and you should be – here are three questions you should ask yourself: What do I like to do? No, I'm not talking about horseshoes or hang-gliding
Construction Law Musings- Richmond, VA
Why I Enjoy Visiting a Job Site25 Jul 2016 | 8:26 am(Photo credit: Wikipedia) Last week a friend of mine at a local construction company invited me to lunch and for a tour of a local project here in Richmond. This was the third visit to this project that was to take an historic train station and renovate it into a newer working train station along with space for a glass enclosed "outdoor market" on the top floor with offices and other facilities on the ground floor. The first visit was during the early demolition phase. At this stage, my pal told me what was going to be where and the vision for the project. The second visit had a bit more polish to it and I could see even more where the project was going. Some demo was still occurring but more of...
Happy Independence Day from Construction Law Musings4 Jul 2016 | 7:00 amA Fourth of July fireworks display at the Washington Monument. (Photo credit: Wikipedia) As things warm up as they always do in July here in Richmond, Virginia, here's wishing you all a wonderful 4th of July from Construction Law Musings and The Law Office of Christopher G. Hill, PC. I hope that you and your families can take some time off to reflect and relax, stay as cool as possible, and have a great Independence Day holiday. As always, I welcome your comments below. Please subscribe to keep up with this and other Construction Law Musings. � Construction Law Musings- Richmond, VA is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 license....
The Anatomy of a Construction Dispute Stage 3- The Last Straw1 Jul 2016 | 6:00 amOriginally posted 2015-01-26 09:00:48. Republished by Blog Post PromoterUncyclopedia dispute resolution (Photo credit: Wikipedia) Over the past two weeks here at Construction Law Musings, I've discussed the first two stages of a typical construction dispute (if such a thing exists): the claim, and how to bring heat short of litigation/arbitration. As promised, this week I'll be discussing the next step or "last straw" in a construction dispute, namely, arbitration or litigation to enforce all of those rights that you preserved in the first two stages. Construction litigation is expensive, time consuming, and, quite frankly, a pain in the neck. Because of this fact, I almost always recommend that my...
Connect the Dots1 Jul 2016 | 6:00 amOriginally posted 2014-02-14 09:00:44. Republished by Blog Post PromoterFor this week's Guest Post Friday here at Musings, we welcome back Mike Collignon. Mike is a co-founder of the Green Builder Coalition. The Green Builder® Coalition is working to improve the sustainable attributes of new and existing buildings through education, information and advocacy. There are a number of decisions that were made in 2013 that I feel point the residential homebuilding industry in a clear direction towards sustainability. Better still, some of these decisions will reinforce the importance of sustainability to homebuyers and homeowners. I'll break this down into three categories: Regulation As we previously...
Using Infrared Technology in Construction Law: Collecting Forensic Evidence and Performing Due Diligence1 Jul 2016 | 6:00 amOriginally posted 2012-02-17 09:00:40. Republished by Blog Post PromoterFor this week's Guest Post Friday here at Construction Law Musings, we welcome Brian Connolly. Brian (@infraredscans)is a professionally certified Level III Thermographer at IR Services, LLC. My main focus of business is the art and science of commercial infrared thermography including Building & Roof Scan, Energy Audits, Electrical Surveys, and Block Wall Scans. He a member of United Infrared – the largest National Network of Certified Thermographers trained in the application of infrared thermography in building investigation and analysis. IR Services provides: electrical infrared system surveys, mechanical infrared system surveys...
CAFA Law Blog
A Noteworthy Event – ACI's National Conference on Consumer Finance Class Actions & Litigation11 Jul 2016 | 11:46 amBetween the recent SCOTUS decisions and the CFPB's flurry of activity, including the proposed rule on arbitration, it is clear that the consumer finance landscape is in the midst of a massive upheaval. Join the nation's leading consumer finance attorneys at ACI's 26th National Conference on Consumer Finance Class Actions & Litigation and be a part of the conversation as to where the industry is headed in the coming months. Dates and registration: Click here to register online or call (888) 224-2480. Thursday, July 28 – Friday, July 29, 2016 The Omni Chicago Hotel, Chicago, IL 10% off conference rate with code: D10-999-CLB16 Topics to be addressed include:

The CFPB's proposed rule on...

ACI's 26th National Conference on Consumer Finance Class Actions & Litigation, July 28-2920 Jun 2016 | 7:41 amACI's 26th National Conference on Consumer Finance Class Actions & Litigation July 28-29, 2016 The Omni Chicago Hotel Chicago, IL http://www.americanconference.com/2016/681/consumer-finance-class-actions–litigation Consumer financial services companies are facing unprecedented regulatory and enforcement scrutiny, mounting litigation, and costly class actions. That is why it is essential that in-house and outside counsel attend the ACI's 26th National Conference on Consumer Finance Class Actions & Litigation on July 28-29, 2016 in Chicago, IL. to learn and master the latest enforcement actions and regulatory initiatives, and the most effective defense and settlement strategies. The post ACI's 26th...
A Noteworthy Event – March 17-18, 20169 Feb 2016 | 12:53 pmRetail data breaches continue to evolve and bring new litigation and trends in the Data Breach and Privacy Litigation context. Business to business claims, vendor lawsuits, litigation between issuing banks and retailers post-breach, the ecosystem of payment card breaches, and Genesco decision implications are just some of the topics analyzed and discussed in greater detail. Click here for the pdf of the agenda. This premiere conference is led by an unparalleled faculty of in-house counsel, federal judges, and the top outside counsel plaintiff and defense litigators and firms. It has networking opportunities galore and features innovative and highly relevant content that will allow you to benchmark your...
Certain claims carry a presumption as to amount-in-controversy that will lead directly to federal court29 Jan 2016 | 3:00 amRobertson v Exxon Mobil Corp., 2015 WL 9592499 (5th Cir. Dec. 31, 2015). In a personal injury and a property damage action, the Fifth Circuit reversed the district court's order remanding the action finding that the defendants had by preponderance of evidence shown that at least one plaintiff's claim exceeded $75,000. Specifically, the Fifth Circuit found that when a plaintiff claims that he/she contracted cancer, or a claims damages for wrongful death, the Fifth Circuit precedent has always held that such claims more likely than not exceeded federal jurisdictional threshold even when the amount-in-controversy is not alleged in the complaint. The plaintiffs brought an action in a Louisiana state court...
Fifth Circuit weighs in on ambiguous class definition13 Jan 2016 | 3:00 amArbuckle Mountain Ranch of Texas Inc v Chesapeake Energy Corporation, Case No. 15-10955, 2016 WL 98128 (5th Cir. Jan 7, 2016). In a 2-1 decision, the Fifth Circuit examined an ambiguous complaint suggesting two class definitions, (one a narrow definition and another containing a broad definition) and held that if the pleadings entirely lean towards a broader definition, it should be assumed that the plaintiff intended to define a broader class. The Fifth Circuit found that the broader definition defeated CAFA's local controversy exception, and reversed and remanded. The defendants were a group of oil and gas companies who operated producing wells in Johnson and Tarrant Counties, Texas. The...
Ohio Family Law Blog
Parent Issues: Can a Parent Force the Sterilization of Their Minor Child?23 Jul 2016 | 3:00 amShould A Parent Have The Power To Force Sterilization Of Their Developmentally Disabled Child? As individuals we have certain inalienable rights, granted to us by the Constitution. The right to own a gun, the right to vote, the right of free speech . . . the list goes on and on. Among those rights that we as U.S. citizens enjoy, is the right to parent as we see fit (subject to certain exceptions, of course). Parents are generally allowed to make important decisions on behalf of their minor children. Examples include, what type of food the child eats (vegan, gluten free, organic, etc.), what type of school the child will attend (public school, private school or home-school) and whether or not the...
7 False Inspirational Quotes…16 Jul 2016 | 2:00 amDr. Gregory Ramey never sugar coats it. He has kindly allowed the Ohio Family Law Blog to repost many of his articles pertinent to our readership since 2007. So, you may ask, why post this one? Well, the answer is simple. I agree 100% with him! Another example of him being spot-on in my mind. Life is tough and it doesn't come with training-wheels or rose colored glasses. *************************************************Inspirational quotes, intended to motivate or encourage, are often nothing more than psychological gibberish masquerading as profound truths. They sound nice, but mean nothing.

"If you dream it, you can do it." I love Mickey Mouse, but this assertion by Walt Disney is silly. Dreams...

Divorce: Why Marriages Fall Apart – And The Survey Says…9 Jul 2016 | 1:00 amHow Does A Marriage Fall Apart? Divorce Reseach Reveals Top 10 Reasons The reasons couples divorce are as varied and different as the individuals involved. However, upon closer examination, it seems that there is often a common thread as to why the breakdown occurred. The British law firm of Slater & Gordon interviewed 1000 divorcees in order to better understand how a marriage ends up falling apart. Their research showed that the top 10 reasons given for divorce were: 1 – infidelity, 2 – we were unhappy, 3 – we argued too much, 4 – we fell out of love, 5 – we didn't communicate anymore, 6 – we wanted different things, 7 – they changed, 8 – we didn't feel like partners anymore, 9 – they were abusive...
GAL: Proving Your Guardian Ad Litem Is Conducting a Superficial Investigation2 Jul 2016 | 2:00 amCrucial Steps Counsel Can Take To Challenge Investigation Findings From An Incompetent GAL (Guardian Ad Litem) A month or so ago I took a trip out to Lake Tahoe for one of my college buddy's bachelor party. Let me tell you something about Lake Tahoe during the ski offseason, you gamble a lot. And that is what we all did during the weekend. We just gambled and placed bets on various sporting events at the three casinos Lake Tahoe has to offer. I did not go crazy with the bets because my wife would murder me, but I had some fun taking a risk on the uncertainty of will I win or not. Except for when I placed a bet against the Reds during their series with the Pirates. I knew for a fact I was going...
Medicaid: Qualified Income Trust Needed For Eligibility25 Jun 2016 | 2:00 amALERT: Significant Changes in Ohio's Medicaid Income Rules Have Arrived! Qualified Income Trust Needed For Higher Income Families To Be Eligible For those receiving long-term care services, Ohio's Medicaid program has always had a monthly income limit. In 2016, that limit is $2,199 per month. However, until now, Ohio was a spenddown state, which meant that as long as the individual spent down each month on monthly expenses below the income threshold, the individual would be eligible to receive Medicaid services. Effective July 1, 2016, no one will be able to spend down to meet the monthly income threshold, but will need to deposit any excess income into a Qualified Income Trust (QIT) to become...
3 Geeks and a Law Blog
Teaching Technology in the Academy – Dean's Roundtable Part 2 – The ABA Annual Meeting (West Coast) edition26 Jul 2016 | 8:03 am[NOTE: Please welcome guest blogger, Michael J. Robak, Associate Director/Director of Information Technologies, Leon E. Bloch Law Library, University of Missouri - Kansas City. -GL] The movement to establish a true Technology instruction track and andragogy (meaning Susskind, Kowalski, et. al.) in the legal academy is gaining real momentum.� As readers may recall, on March 16, 2016 the ABA TECHSHOW provided an opportunity for an Academic specific event tied to TECHSHOW which 3 Geeks generously allowed me to advertise.� This first ever Dean's Roundtable, held at IIT Chicago Kent College of Law (which was enthusiastically supported and hosted by Professor Ron Staudt,), was incredibly successful and helped...
Law Firm Partners: If It Ain't Broke...24 Jul 2016 | 3:08 pmIt is rational for someone who has been wildly successful doing something a certain way to keep doing it that way, especially when the odds appear favorable that they will continue to be successful. Most people don't exit their comfort zone without a compelling reason. This is doubly true of many high-status experts. Any story about lack of change in the legal market premised solely on lawyers being stupid has limited explanatory power. I'm partial to a more nuanced narrative where the incentives to change are not evenly distributed. More specifically, those with the most power, by definition, encounter the least pressure to embrace innovation. A�continuation, this post will focus on law firm...
Industry Leading Surveys – What Do They Really Say?20 Jul 2016 | 12:46 pm�While I was sadly unable to attend the 2016 AALL annual conference that wrapped yesterday in Chicago, I have it on good authority that the most recent ALM Law Library Survey� caused some intense discussion around industry surveys and their value. The issues raised go well beyond law libraries and seem to fit almost any annual survey where industry statistics or trends are presented. Those in legal marketing, would no doubt agree that directory rankings, akin to surveys of the industry are just as flawed in their research and survey methodology. Not to mention the concentrated amount of work they represent for a dubious ROI.� Nevertheless, since it was a hot topic yesterday, let's go back to the ALM Law...
Legal Tech Assessment Case Study (Annotated)14 Jul 2016 | 8:00 pmWord limits are a very good idea. Constraints benefit my regular writing (which needs all the help it can get). Here, however, I get to ramble, which has its own virtues. As some you may have seen, Legaltech News published the first Legal Tech Assessment case study in November. This was a milestone moment for my fledgling company. But there was much more to say. So, if you are interested, what follows is an annotated version. The case study opens: People, some of whom are lawyers, do not like training. Training takes time out of their day. The time taken is not always offset by skills gained. Justin Hectus knows this. As Director of Information for boutique powerhouse Keesal, Young, & Logan (KYL), he...
Managing Partners on Change: Clients Don't Ask, Partners Resist10 Jul 2016 | 4:55 pmIt is hard to feel sympathy for extremely successful people. The problems of the powerful pale in comparison to the problems of the powerless. But the thing about power is that those who lack it have a difficult time understanding its limitations. Those who earn at the poverty line don't really see the gap between the person making $100K and $1M, let alone the orders of magnitude that separate $1M from $100M. Among the many great exchanges in The Wire is a former mayor giving advice to the mayor elect. The soon-to-be mayor is so enthralled by the potential of his new position that he cannot take seriously his predecessor's warnings about being beholden to those who put you there. The ambitious...
The High-touch Legal Services® Blog…for Startups!
$800 Franchise Tax is Due Even if LLC is Canceled21 Jul 2016 | 2:47 pmThis post about California's $800 franchise tax is based on my recent answer to a Quora question. Q.: In California, can someone shut down an LLC before the $800 franchise tax is due on the 15th day of the 4th month? A.: One can cancel a California limited liability company before the 15th day of the fourth month. However, such cancellation will not eliminate the obligation to pay the $800 annual franchise tax. Form FTB 3522 states: Every LLC that is doing business in California or that has articles of organization accepted or a certificate of registration issued by the SOS is subject to the $800 annual tax. The tax must be paid for each taxable year until a certificate of cancellation of registration or...
Trade Secrets Receive Federal Protection23 Jun 2016 | 3:49 pmThis post discusses the civil and criminal protections for trade secrets available since May 12, 2016 under the federal Defend Trade Secrets Act (DTSA). Relevant definitions in the DTSA roughly follow – with numerous modest differences – those in the Uniform Trade Secrets Act , which has been adopted, with various modifications, by almost all states. Definitions – Trade Secrets and More Definitions are set forth in 18 USC Section 1839, as amended. The most important, for the purposes of this post, include the following (emphasis added). [T]he term "trade secret" means all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans,...
May a Minor Be a Partner?13 Jun 2016 | 7:20 pmThis post answers the following question: May a minor be a partner (in a partnership legal entity)? It is based on my answer to the Avvo question, In California, can a minor be a partner in a General Partnership? Please note that, at present, this answer applies solely to California. If I have an opportunity to do so, I will research applicable law in other states. Minors and Other Business Entities I previously have written about minors forming other types of business entities.

May a Minor Form a Corporation? discusses how a minority of states, including California and Delaware, permit a minor to form a corporation.

May a Minor Form an LLC? discusses how the vast majority of states permit a minor to form...

Shareholder Approval Requirements in California9 Jun 2016 | 4:02 pmThis post discusses which corporate actions require shareholder approval. The following pertains to California corporations. Corporations formed in other states will have different requirements. Section citations below refer to the California Corporations Code. Please note that the following may not be a complete list of all shareholder approval requirements. Board of Directors Shareholders own the corporation. The board of directors is responsible for overall management of the corporation's affairs in the best interests of the corporation and its shareholders. (See Directors' Fiduciary Obligations: Delaware vs. California.) Shareholder approval is required for the following actions pertaining to...
Moonlighting Employees Protected by California Labor Code31 May 2016 | 6:45 pmMoonlighting employees in California have a right to hold down their second jobs (or to work on startups in their spare time). The right to moonlight – and to engage in other activities on one's own time – is expressed in Labor Code Section 96(k). Labor Code Section 96 Section 96 identifies, generally, the types of employee claims that the California Labor Commissioner is obligated to accept. These include, for example, claims pertaining to payment of wages and expenses; damages arising from misrepresented conditions of employment; claims for vacation pay; and awards for workers' compensation benefits. Moonlighting is addressed as follows. 96. The Labor Commissioner and his or her deputies and...
Gamso - For the Defense
Strickland Prejudice, Part 214 Jul 2016 | 9:55 pmIf you read what I wrote yesterday (The Wrong Question? The Wrong Answer? It Depends), and if you didn't, follow that link and go there now, I'll wait, then you've gotten the basic test for when trial counsel fucks up so badly that someone can get relief on appeal.Here's a quick recap and summary in case you didn't follow the directions in the last paragraph (not a crime in violation of the Consumer Fraud and Abuse Act, since I didn't formally notify you personally that it was a requirement if you were to continue reading this, but if I had . . . ).The Sixth Amendment guarantees not just the right to counsel but the right to the effective assistance of counsel. �That means, if you're one of those...
The Wrong Question? The Wrong Answer? It Depends13 Jul 2016 | 10:47 pmThe correct answer to every legal question, I regularly say, is "It depends." �

I have a lawsuit, don't I? �It depends.

The drugs will be suppressed, won't they? �It depends.

That means there's reasonable doubt, doesn't it? �It depends.

My lawyer fucked up, so I get a new trial, right? �It depends.

Clients hate it. �Reporters looking for quotes hate it. �You're uncle who's been arguing with his neighbor about the tree that drops sap on his car when it's in the driveway hates it. �But dammit, it does depend.It depends on all the facts and circumstances. �It depends on whether the burrito the judge had for lunch gave him gas. �It depends on whether the lawyer or the judge won the last round of golf and whether the...
From the Ashes of War5 Jul 2016 | 8:28 pmIn Central Park the other day, Connor Golden�stepped on something that blew up. �He was 18.He was taken to the hospital where his leg was amputated below the knee.Police are still investigating to determine who put the explosive there, how, and why. �But they don't think it was terrorism or an effort to kill. �Just one of those things that happens when someone leaves an explosive on the ground.Not so along the Myanmar/Thailand border. �We know the how and why of what's there.There are land mines. �There are dozens, hundreds, maybe thousands left over from clashes between ethnic-minority rebels and the Myanmar army. �Intended to maim and kill.Which, I suppose, makes what happened to Mosha just one of those...
Independence Day4 Jul 2016 | 2:14 pmAh, the Fourth of July. Fireworks and hot dogs and American flags. �And, lest we forget.When in the Course of human events, it becomes necessaryThis is, of course, an election year. �It's not the sort of election the Consitution's framer's envisioned with the presumed wise men of the states choosing electors who would chose a President whose excellence would be evident. �They disdained faction. They feared it, as they feared too much democracy. �Ours was to be a republic, a representative democracy, not the pure thing which would, they imagined, tend to devolve into either chaos or autocracy by demagog. "Democracy," said one of my Junior High School history teachers, "is where you get to pick your...
A Helluva Town27 Jun 2016 | 5:27 amMaybe it's different in New York. �I don't know. �I haven't lived in The City (that's Manhattan to you folks not from there, but then I never lived in any other part of New York City -or New York State, for that matter) since - well, I'm old and I was young then and left before I went to college which is decades before I went to law school. �So it's been a long time and what do I know? �As I said, maybe it's different there.I get it that the buildings are taller and closer together and the streets are more crowded and it's the City That Never Sleeps and Wall Street and the (new) World Trade Center and still the Empire State Building and that gorgeous bit of Art Deco, the Chrysler Building, complete with...
LawyersandSettlements.com Legal Blog
Week Adjourned: 7.22.16 – Apple, Blue Shield, Herbalife22 Jul 2016 | 2:19 pmTop Class Action Lawsuits Bad Apple, Again? Yet another lawsuit against Apple, this one set to take a bite over allegations of consumer fraud surrounding devices that are replaced via AppleCare+ warranty with refurbished replacements that don't meet a specific clause in the contract. Filed in California, on behalf of plaintiff Vicky Maldonado and others […]
Week Adjourned: 7.15.16 – Snapchat, Caterpillar, 21st Century Fox15 Jul 2016 | 1:05 pmTop Class Action Lawsuits Snapchat got Slapped…with a potential consumer fraud and unfair business practices class action lawsuit this week—over allegedly exposing minors to "harmful, offensive, prurient, and sexually offensive" content without warning. Here's the skinny: the Snapchat lawsuit was filed by the mother of a 14 year old boy (John Doe), who alleges publishers are […]
Hoverboard Fire Hazard Recall by 10 Companies13 Jul 2016 | 8:46 amHoverboards—the tech fad of 2015—are crashing big time this week with a massive recall by 10 manufacturers. It seems that the "self-balancing scooters" as they're also known, ain't so safe. While intuitively, you might think—duh!—the problem is not what you might expect. Apparently, there have been at least 99 incidents of the lithium-ion battery packs in […]
Week Adjourned: 7.8.16 – UPS, Home Depot, Cash Store8 Jul 2016 | 1:16 pmTop Class Action Lawsuits UPS not Delivering… on reporting pay, allegedly. The global courier service got hit with a UPS employment class action lawsuit this week, alleging the company cheated employees out of their rightful wages by failing to pay "Reporting Pay," as required by Massachusetts law. Cort Szafarz, the named plaintiff in the lawsuit, worked […]
CVS Aloe Vera: Shouldn't You be Able to Trust a Label?8 Jul 2016 | 7:36 amConsumer Fraud and the Slippery Slope During the past few months there has been what one could call a "rash" of consumer fraud lawsuits filed concerning products that do not contain ingredients as advertised, and / or 100% of the ingredients advertised etc. Case in point, last week CVS Health found itself on the end […]
Bitter Empire
Blame Old Sitcoms For The Fact That Bigots Don't Think They Are Bigots26 Jul 2016 | 7:12 amIf you've been paying attention to the Presidential race, you've probably noticed a couple of things: Trump's tiny kitten paws with the delicate macaroni nubs he calls fingers. But after that, you've probably noticed a couple more things:

The GOP rhetoric — particularly but by no means exclusively Trump's — has gotten incredibly racist.

Conservatives go into defensive rage fugues when that racism is pointed out.

 The reason for the first part of that equation is that Republicans have been pursuing the Southern Strategy (pick up racist white people under the assumption that they'll outweigh everyone else) since 1964 and they can't or won't let it go. That's partly because they're afraid...
Six Last-Minute Bar Exam Tips25 Jul 2016 | 9:23 amLet's have real talk. By the time you see this post, you are under 24 hours away from taking the bar exam. What should you be doing with those last precious hours? What should you do to maximize your ability to not die during the process? Believe it or not, we have tips. And not the snarky sarcastic kind. These are actual legit things that worked for those of us that passed the bar recently or many many years ago. Shut up. Don't ask how many years. That's just rude. 1)Pre-exam: It's Far Past The Time To Cram Listen. If you don't know the Rule Against Perpetuities yet, you aren't going to learn it in the next few hours. That isn't actually meant to be fatalistic or even remotely bitter. Your brain is full....
The Five People You Meet at the Bar Exam22 Jul 2016 | 8:08 amPreparing for the July bar exam? Let us allay (or confirm) your fears with this checklist of the five types of people you're guaranteed to meet in the room that day, along with some practical, realistic advice on how to quickly riposte each one of them in order to maintain sanity. Good luck! 1. The Perennial Failure This person has failed the bar exam five times in the last three years, but, without changing study habits at all, thinks this is the one time things will go differently. Even some smart people fail the first time. Law of large numbers, it happens. But, if you fail your second and third attempts, you really should consider whether you're cut out to be an attorney. Not that being...
Dear Bitter Butch: What Can I Do About The Office Skeeve?21 Jul 2016 | 11:25 amDear Bitter Butch, One of the senior executives at my workplace is a bit of a skeeze in that he showers women at our workplace with ambiguously inappropriate attention. From what I've seen, the attention ranges from overly friendly hugs, to hands at the small of the back when opening doors, to fairly frequent office visits with small presents like pieces of chocolate. You know the sort of attention I'm talking about, because, unfortunately, it is a fairly common occurrence. My wife has a former boss who discriminated against her after we had kids, so I'm hyper-aware of how few good options my female coworkers have (which is why discrimination and harassment from a higher up is so awful). I suspect that...
Taxi: Louie's Rival/Tony's Sister and Jim20 Jul 2016 | 9:28 am"Louie's Rival" Available on Hulu | Available on CBS All Access It's a striking choice to begin a season of a network sitcom on raw emotional notes, especially a sitcom that closed out the previous system by visiting a fantasy borough. And yet "Louie's Rival"—much less about Louie's competitiveness with the ostensible "rival" in the episode and much more about struggles with his internal demons—comes out of the gate swinging, and very nearly pulls it off. From the opening moments you can tell something is off; Louie keeps trying to talk to Alex about "problems with my love life," to which Alex and I had the same reaction: Ew. But, as Louie insists on explaining, something is happening between him and...
Rochester Bankruptcy and Debt Relief
Determining Chapter 13 Repayment Plan Payment24 Jul 2016 | 6:01 pmIf debtor does not qualify for Chapter 7 bankruptcy, that debtor is likely to qualify for Chapter 13 bankruptcy. The most important issue for anyone filing Chapter 13 is to know is how much their Chapter 13 Plan payment will be. In my opinion, given the typical 5 year duration of Chapter 13, properly set plan payment is the most important factor in whether the case will be a success. Determining the amount of the payment can be challenging at the very beginning of the case. Early estimates of plan payment can change significantly as more information becomes available. Generally, there are four tests applicable to determining the amount of the Chapter 13 Plan payment: The Chapter 13 Means Test...
Debtor and Ability to Reopen Bankruptcy24 Apr 2016 | 1:39 pmGenerally, chapter 7 debtors have the right to reopen their cases for various purposes after their case is closed. Usually, the court will allow the debtor to do so to remove judicial liens for otherwise discharged debt via 11 U.S.C. §522(f) motion, or to add an overlooked creditor, or to file a financial management course certificate, or perhaps for another purpose. In In re May E. Jones, Case No. 03-21929, debtor moved to reopen the case 13 years after it was closed, to amend the schedule of real property, disclosing (for the first time) her interest in a parcel of real property and seeking to have the property abandoned to her under 11 U.S.C. §554. If the court were to reopen the case, a...
Health Savings Accounts, Flexible Spending Accounts and Bankruptcy14 Feb 2016 | 9:16 amIn the last few years, especially since Affordable Care Act became law, Health Savings Account ("HSA") or Flexible Spending Account ("FSA") became a lot more popular as consumers are dealing with ever rising costs of health care. However, a debtor's funds held in an HSA or FSA do not appear to be exempt under either New York state exemption law or Section 522 of the Bankruptcy Code. This means that a bankruptcy trustee may pursue debtor's Health Savings Account or Flexible Spending Account, unless those funds are otherwise exempt. A Health Savings Account is a tax-exempt account funded by a debtor, his employer or both, to be used to pay the debtor's medical expenses that are not covered by...
Student Loans and Possibility of Discharge14 Nov 2015 | 7:13 pmI have previously written about dischargeability of student loans in bankruptcy. For most people filing bankruptcy does not result in a discharge of a student loan under the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA") amendments. The code, as amended, does not provide for the discharge of a student loan in a bankruptcy. In order for the student loan to be discharged, the debtor must brings a lawsuit, known as adversarial proceeding, and ask bankruptcy judge to make a determination that the continued existence of the student loan will create an "undue hardship" on the debtor. Under the applicable prior decisions, "undue hardship" is the most difficult part, that is the...
Making a Choice Between Bankruptcy and Short Sale12 Sep 2015 | 4:43 pmHomeowners who are underwater on their home mortgages (underwater mortgage means that the homeowner owes more than his/her house is worth) often attempt to do a short sale. A short sale occurs when the homeowner sells the home to a third party for less than what is owed on the note, and the mortgage lender accepts the proceeds of the sale in full satisfaction of the note. The mortgage lender must approve the short sale before it can go through. A short sale can be a good option for homeowners who do not want to keep their homes, and are willing to move out almost right away. However, before going through with a short sale, a homeowner should see if Chapter 7 Bankruptcy would be a better option. In a Chapter...
The Jury Room
Everything you ever wanted to know about atheists (the 2016 update)11 Jul 2016 | 4:02 amBack in 2010, we published an article on atheists and how they are distrusted in the United States. The level of vitriol we saw in the research at that time surprised us. But the number of atheists in this country continues to increase. Pew Research has just offered a 2016 update on atheists in the United States that shows us the number of those identifying as atheists in the US has "roughly doubled" since 2007. The numbers are still small (currently 3.1% according to Pew) with an additional 4% currently identifying as agnostic (that is up also from 2.4% in 2007). Here are a few of the multiple tidbits Pew offers on atheists in the US as of 2016. Atheists in the US are more likely to be male (68%) and...
Courtroom transcripts (those poor court reporters), Millennials, political extremists and more8 Jul 2016 | 4:02 amSometimes these tidbit posts come around more often than usual—typically it happens when we've read a lot that is just not suited for an entire blog post but it made us laugh out loud or peaked our curiosity. Here for you are the last few things that made us look again or laugh uncomfortably. Millennials are doing job search duties for their parents too We hear so much bad press on the Millennials but here's a really sweet article that shows how Millennials are helping out their parents too. The Atlantic has an article on what they describe as "employed and financially independent Millennials who are instead helping their parents find a job". They are not only teaching their parents the basics of...
The power of curiosity and other things you want to know4 Jul 2016 | 4:02 amIt's time for another installment of strange tidbits we've gathered as we have read potential articles for blog posts. This week we have information on why you would stick something icky and repulsive into your mouth, online anonymity, bias against homosexuals, and what horrible things can happen should you choose to 'unfriend' that person on Facebook who really annoys you. Disgusting and repulsive is what that is—tell me more! The popularity of television shows like Fear Factor tells us that we humans are drawn to disgusting and repulsive things. Some researchers (Hsee and Ruan cited below) think our curiosity drives us to risk negative outcomes (much like Pandora). There is a thorough write-up...
Karl Bayer's Disputing BlogKarl Bayer's Disputing Blog
Will the Supreme Court Agree to Address Pre-Dispute Employment Arbitration Provisions Containing Class and Collective Action Waivers?26 Jul 2016 | 7:20 amChristine Neylon O'Brien, Professor of Business Law at Boston College – Carroll School of Management has written "Will the Supreme Court Agree with the NLRB that Pre-Dispute Employment Arbitration Provisions Containing Class and Collective Action Waivers in Both Judicial and Arbitral Forums Violate the National Labor Relations Act – Whether There is an Opt-Out or Not?," University of Pennsylvania Journal of Business Law, Vol. 19, accepted (Forthcoming). In here article, Professor O'Brien discusses the current split among United States Circuit Courts over the National Labor Relations Board's numerous recent decisions stating a judicial and arbitral class waiver included in an employment agreement...
Are Rules Allowing Arbitral Sanctions a Mirage?19 Jul 2016 | 8:07 amPaul Bennett Marrow, Adjunct Professor at New York Law School, Member of the Commercial Panel for the American Arbitration Association, ADR Systems, Public Member of the FINRA Panel of Neutrals, and Fellow at the Chartered Institute of Arbitrators in London, England, has published "Are Rules Allowing Arbitral Sanctions a Mirage?," 88 Journal New York State Bar Association 28, June 2016. In his publication, Mr. Morrow discusses whether an arbitrator may use permissive procedures to impose sanctions beyond those currently available by judicial decree. Here is the abstract: This article examines the impact permissive procedures have on an arbitrator's ability to maintain order. The suggestion made is...
Couple Awarded $331,000 in Compensatory Damages Following FINRA Arbitration14 Jul 2016 | 9:10 amA Financial Industry Regulatory Authority ("FINRA") arbitration panel has reportedly ordered a wealth management adviser to pay a couple $331,000 in compensatory damages for making unsuitable, high-risk investments. In Arbitration Case No. 15-00443, the couple sought nearly $1.1 million for "breach of contract and breach of implied contract, violation of Rule 10(13)-5 of the Securities Exchange Act of 1934, negligence, common law fraud, breach of the standard and customs of the securities industry as evidenced by violation of FINRA rules and regulations, unsuitable trading, and negligent misrepresentation." According to the couple, the broker made misleading statements about the level of risk...
Dallas COA Compels Arbitration in Injured Nurse's Lawsuit Against Former Employer13 Jul 2016 | 9:08 amTexas' Fifth District Court of Appeals in Dallas has ordered an injured nurse's lawsuit filed against his former employer to arbitration. In Corinth Investor Holdings, LLC v. Bennett, No. 05-15-00944-CV (Tex. App. 5th, July 7, 2016), a registered nurse, Bennett, was injured while working for a Texas health care facility that is a nonsubscriber to the workers' compensation system. Instead, the employer, Corinth, operates an "Employee Injury Benefit Plan" that includes a revocable agreement to arbitrate any disputes under the Federal Arbitration Act. The terms of the binding arbitration agreement state an employee may revoke his or her consent to engage in arbitral proceedings so long as the...
Justice Scalia's Jiggery-Pokery in Federal Arbitration Law12 Jul 2016 | 7:38 amDavid S. Schwartz, Foley & Lardner Bascom Professor of Law at the University of Wisconsin Law School, has published "Justice Scalia's Jiggery-Pokery in Federal Arbitration Law," Minnesota Law Review, Vol. 101, Headnotes 75 (2016); Univ. of Wisconsin Legal Studies Research Paper No. 1387. In his journal article, Professor Schwartz examines the late United States Supreme Court Justice Antonin Scalia's impact on federal arbitration law. Here is the abstract: "Jiggery-pokery," a phrase introduced into the U.S. Reports by the late Justice Scalia, is emblematic of Justice Scalia's style — both his lively writing style and his penchant for criticizing his colleagues for judicial practices in which he...
Bar & Bench
Gautham Srinivas to join Khaitan from Krishnamurthy & Co26 Jul 2016 | 10:05 amKrishnamurthy & Co Partner Gautham Srinivas has left the firm to join the Capital Markets team at Khaitan & Co. Khaitan HR Director Amar Sinhji confirmed the appointment. He said, "Gautham's joining will give our Capital Markets practice a national footprint with partners in Mumbai, Bangalore & Delhi. Capital Markets, along with Competition, Real Estate, IP & Tax are focus areas of growth for the firm at this stage. We will continue to scout for talent but be selective in terms of culture fit." A graduate of National Law School of India University, Bangalore, Gautham started his career with Amarchand Mangaldas […] The post Gautham Srinivas to join Khaitan from Krishnamurthy & Co appeared first on Bar &...
This is what the Supreme Court said about the Delhi Judicial Services exam26 Jul 2016 | 8:33 amThe Supreme Court of India today disposed of the petitions relating to the Delhi Judicial Service Exam of 2014. The top court also issued a number of directions to improve the existing examination system. The matter was heard by a Bench of Justices Dipak Misra and Rohinton Fali Nariman. Senior Advocate Sanjay Hegde and advocate Prashant Bhushan assisted by advocate Sidharth Garg, represented the petitioners while Additional Solicitor General Maninder Singh and advocate ADN Rao appeared for the Delhi High Court. When the matter was last heard, Prashant Bhushan had suggested that guidelines be framed by the Supreme Court for conducting such exams so that […] The post This is what the Supreme Court said...
Madras Bar Association calls for revocation of suspension of Tamil Nadu lawyers26 Jul 2016 | 7:49 amOne of the oldest bar associations in the country, the Madras Bar Association (MBA), has come out in defence of 126 lawyers from Tamil Nadu that were recently suspended by the Bar Council of India. In an emergency meeting of the Executive Committee held today, the MBA resolved to request the BCI to revoke the suspension of the lawyers for carrying out protests against the disciplinary rules recently framed by the Madras High Court. The resolution has been signed by MBA President, Senior Advocate R Shunmugasundaram. The BCI had earlier issued a warning to the protesting lawyers to refrain from conducting […] The post Madras Bar Association calls for revocation of suspension of Tamil Nadu lawyers appeared...
Flipkart-owned Myntra goes shopping for Jabong; Khaitan, BMR on $70 million deal26 Jul 2016 | 6:53 amIndian e-commerce giant Flipkart has acquired another fashion retail website, beating competitors Snapdeal to the chase. Myntra, owned by Flipkart, has acquired Jabong for $70 million from Global Fashion Group. Khaitan & Co acted for Flipkart, through a team led by Partner Ganesh Prasad and including Senior Associate Rohith Rajendran and Associate H Muralikrishnan. BMR Legal represented Global Fashion Group, which previously owned Jabong. The team was led by Partner Amit Khansaheb and included Principal Vishruta Kaul and Senior Associate Deep Jain. According to Livemint, the sale marks one of the most dramatic declines in India's online retail business. At […] The post Flipkart-owned Myntra goes shopping...
SAM, Nishith Desai act on TPG's acquisition of majority stake in Rhea Healthcare26 Jul 2016 | 6:17 amTPG has acquired a majority stake in Rhea Healthcare for a value of around $35 million. Shardul Amarchand Mangaldas advised TPG on the transaction. The Private Equity team was led by Partner Iqbal Khan, and included Senior Associate Shahin Umani and Associates Ranjini Ramesh and Tanavi Mohanty. The Tax counsels to the transaction were Partner Abhay Sharma and Principal Associate Oscar D'Sa. The Real Estate counsels to the transaction were Partner Ashoo Gupta and Principal Associate – Designate Daryush Marfatia. The Intellectual Property counsels to the transaction were Partner Dev Robinson and Associate Madhur Chopra. The Litigation counsels to the […] The post SAM, Nishith Desai act on TPG's...
South Florida Lawyers
Go Become Friends With Marcos Jimenez!26 Jul 2016 | 8:26 amThe former US Attorney is a mensch and true patriot.BTW, I actually shed tears this morning as I watched this remarkable speech.God bless America.
Did This Lawsuit Hasten Debbie's Resignation?25 Jul 2016 | 7:26 amIt was either Putin or Beck & Lee:"There are essentially six legal claims we are asserting in this lawsuit on behalf of the composed class members," said attorney Jared Beck in a YouTube video�announcing the lawsuit. "The first is a claim for fraud—against the DNC and�Debbie Wasserman Schultz—based on the revelations from the recent Guccifer 2.0 documents purportedly taken from the DNC's own computer network." The Guccifer 2.0 documents include internal memos in which the DNC broke legally binding neutrality agreements in the Democratic primaries by strategizing to make Hillary Clinton the nominee before a single vote was cast.First Trump, now this??
Pay Day!22 Jul 2016 | 8:46 amGood news! Republicans are FINALLY helping someone's economy!It's been a great week for gay escorts in Cleveland. Male prostitutes contacted by The Post said business is booming and Republican National Convention attendees — most of them married — are clamoring for their services. "Business has been way better. I've seen 10 clients so far," one male escort said. "Most of them were first-timers. You could tell they were nervous, but once they became more comfortable, they seemed to be having a good time." Another escort said he had already earned $1,600 since Monday — over six times the amount he usually makes. "I normally only make $200 to $300, but I've been seeing lots of guys...
The Last of the Mohicans21 Jul 2016 | 6:30 amIf only!Former President George W. Bush in April privately revealed his concerns that Donald Trump could permanently bring down the Republican Party, according to a new report."I'm worried that I will be the last Republican president," Bush said at a reunion for his administration in Dallas, Politico Magazine reported Tuesday morning.�Most members of the Bush family have been outspoken critics of Trump.Well you did sort of break the presidency dipstick.And since we're talking about dying breeds, let's wish a cold and clammy goodbye to this serial harasser.Roger Ailes's tenure as the head of Fox News appears to be over.Mr. Ailes and 21st Century Fox, Fox News's parent company, are in the advanced...
Your FOIA Requests are Crashing by Design20 Jul 2016 | 3:48 amSurprise, surprise, surprise!The FBI is using antiquated computer systems to deliberately foil requests made under the U.S. Freedom of Information Act, a new lawsuit alleges. Ryan Shapiro, a national security researcher and Ph.D. candidate at MIT, has been studying the Freedom of Information Act for years with a particular focus on noncompliance by government agencies. He already has multiple FOIA lawsuits in motion against the FBI, and earlier this month he filed a new one. In it, he describes numerous attempts to obtain information over the past two years, and the FBI's frequent response that it can't locate what he's looking for. "When it comes to FOIA, the FBI is simply not operating in good...
eLessons Learned
Court Punishes Dishonest Defendant with Sanctions, Default Judgment, and Dismissal21 Jul 2016 | 6:00 amIn the mood for a judicial tongue-lashing? All you have to do is disobey a court order, destroy evidence and lie under oath. By means of factual background, Plaintiff Pacific Packaging is a distributor of packaging products. Defendants James Barenboim, Andrew Slater, Steven Slater, and David Guild were salesmen at Pacific Packaging until they each […]
Copying Documents = Conversion?13 Jul 2016 | 6:00 amPrior to this case, Quintero Community Association (hereinafter "QCA") sued Hillcrest Bank (hereinafter "HB") under a variety of legal theories after plaintiffs sustained a loss in their investment. This is the only claim that remains. It is a claim of conversion, meaning that QCA is alleging that HB improperly took control of QCA's property. The […]
Inadvertent Disclosures: Who Benefits?1 Jul 2016 | 6:00 amPlaintiff Steve Pick filed suit against Defendant City of Remsen (and other defendants) alleging, among other claims, violations of constitutional rights pursuant to 42 U.S.C. § 1983. Pick served the city with a discovery request. The city then produced 440 pages of documents, including 183 pages of e-mails. Some pages contained more than one email. […]
What Should Related Foreign Entities Do When Facing Spoliation Sanctions After Providing The SEC With A Complete Image Of Its Corporate Servers? Comply With Court Orders.1 Apr 2016 | 6:00 amRegulatory leviathan incompetency may lead to preclusion sanctions. But this doesn't matter if the sanctions preclude two directors of alleged foreign shell entities from "offering testimony, affidavits or declarations in connection with a dispositive motion or trial," and the sanctions are partially based on the very same two directors' refusals to offer such testimony, affidavits […]
When Convenience Stores Are Not Convenient30 Mar 2016 | 6:00 amCourt will grant sanctions for discovery transgressions. In this action, convenience store franchisees sued their franchisor for breach of franchise agreements because the franchisor attempted to end franchises. Some of the stores filed to have to 7-Eleven sanctioned for discovery transgressions and moved to strike 7-Eleven's answer. Regarding discovery, the Magistrate Judge held an appropriate […]
Compliance Building
Cycling and the Securities and Exchange Commission25 Jul 2016 | 7:13 amThe big news in cycling over the weekend was the end of the Tour de France. Other news is a personnel change at the Securities and Exchange Commission because of cycling. Chris Froome and his Team Sky dominated the General Classification of the Tour de France. He finished more that four minutes ahead of his nearest rival. He took the yellow jersey and the initial time advantage in an unusual manner. He attacked at the top of a big climb while his rivals paused. He was gone before they realized what happened. In a later stage he gained more time in an unusual attack paired with Peter Sagan, the holder of the sprinters' green jersey, and two teammates when crosswinds fractured the peloton. In the usual...
Weekend Reading: Bluff23 Jul 2016 | 6:00 amThe mystery of the Federal Reserve leaves people wondering if it's controlled by the mysterious Illuminati, corrupt politicians, or fat cat bankers. And it leaves people wondering what exactly it does, or not care and demand an audit. If you believe any of the foregoing then Bluff by Anjum Hoda is not the book for you. Bluff is a deep dive into macroeconomic theory and monetary policy. It's sharply written and easy to read, assuming you have some basic understanding of the subject. The books focuses on the split requirements of the Federal Reserve. The primary role is monetary stability. We all want that dollar in our pocket to be worth a dollar. We want to be able to buy something tomorrow. We accept...
Compliance Bricks and Mortar for July 2222 Jul 2016 | 6:00 amThese are some of the compliance-related stories that recently caught my attention. World's 20 biggest banks rack up £252bn 'conduct costs' in five years by Sean Farrell in the Guardian The cost of fines, legal bills and customer compensation racked up by the world's 20 biggest banks over the five years to the end of 2015 amounted to £252bn, according to new research. So called "conduct costs" for the 20 banks rose 4.1%, or £10bn, compared with the previous rolling five-year period, 2010-2014. UK-based financial institutions Lloyds Banking Group, Royal Bank of Scotland and Barclays accounted for £11.3bn of extra costs while charges at five other banks fell. [More…] Adding 'father-son' to the...
Vice Presidents and the Pay to Play Rule21 Jul 2016 | 5:00 amThe Securities and Exchange Commission limits the ability of investment advisers and fund managers from contributing to certain politicians that can influence investment decisions for state pension funds. Under Rule 206(4)-5, you can contribute up to $150 to any candidate or up to $350 if you can vote for the candidate. Mike Pence is the Governor of Indiana. In that role he appoints members to the state pension boards and can influence their investment decisions. He meets the definition of "covered official" under the rule for those pension plans. Therefore, contributions to Governor Pence are subject to the SEC rule. Since Governor Pence is running as the Republican Vice Presidential candidate,...
SEC Exam Results19 Jul 2016 | 6:40 amSecurities and Exchange Commission Examiners are beefing up their staff and are more likely than ever to show up on your doorstep. So what are the likely outcomes? The SEC recently announced that it's shifting resources from the broker-dealer side over to the investment adviser side. It's leaving the broker dealers for FINRA and putting those examiners on investment advisers and fund managers. As a CCO you need to prepare senior management for a poor or bad outcome. That is the most likely end result of an exam. Only 4% of examinations will result in a "no further action" letter or "no comment" letter. These letters do not say that the firm is okay. They merely say the exam didn't find anything that...
Texas Wills and Trusts Law Online
Have You Signed Your Will?22 Jul 2016 | 8:00 amHumans are optimistic. We don't dwell on the fact that death is inevitable, and that bleeds into our personal outlook for the future. It's why we plan for vacations, drive in cars, fly in planes, and end visits with friends saying "see you later." We have confidence that later is going to come. Life would be depressing otherwise. But that confidence can sometimes prevent us from preparing for the inevitable, which can sometimes lead to disastrous results. Events in the past several of months have highlighted the risks of procrastinating. I worked with one married couple in their sixties who were both healthy. We discussed their wishes during a planning conference; however, after I started preparing...
What is a Testamentary Trust?15 Jul 2016 | 7:28 amA testamentary trust is a trust created in your Will that lies dormant until the death of the testator (the person creating the Will) springs it to life. Unlike a trust created and funded during one's lifetime, such as a revocable living trust or an irrevocable trust, no assets will be transferred into the testamentary trust until the testator dies. A will may contain several testamentary trusts for various beneficiaries. For example, a testamentary trust can be created for the benefit of a spouse, for children, or for a disabled relative. Leaving assets in trust for beneficiaries allows a testator to direct how and when trust funds should be distributed to the beneficiary and control how assets remaining...
Before You Pack17 Jun 2016 | 8:00 amMy family is going on vacation the end of June. It's a trip we've been planning for more than six months, and we're looking forward to all the adventures that lie ahead. But something has been weighing on me. It's been almost five years since I signed my Will. My kids are older. There are provisions in my Will that I've been meaning to change, and the fact that we will be in a foreign country for two weeks this year is bringing that to the forefront of my mind. Is there something about your estate plan (or lack thereof) that is nagging you too? If so, it may be time make some changes. Estate planning is not a once and done event. Changes can occur in tax, property, probate or other laws which...
Estate Planning for Your Graduate6 Jun 2016 | 7:30 amIf you are the parent of a high school senior who has recently graduated, you're probably feeling a whirlwind of emotion right now. Just thinking about the fact that I will be in your place in a couple of years makes my heart beat a bit faster! While you're proud of how much your child has accomplished and excited about the bright opportunities that lie ahead for him or her, you're probably also a bit anxious too. As a parent, it's been your job to keep your child safe for 18 years, but now, your baby is heading out alone. It's scary, especially if your child is going to school hours away or in another state. Your anxious mind can spiral into negative thoughts. What happens if your child is in an...
Is A Will Valid if the Testator signed the Will Several Days Before the Witnesses?27 May 2016 | 8:00 amSection 251.051 of the Texas Estates Code provides that a last will and testament

must be in writing;

signed by the testator in person (or another person on behalf of the testator in his presence and under his direction); and

attested by two or more credible witnesses who sign the Will in their own handwriting in the presence of the testator.

 Often, the testator and the witnesses sign the Will on the same day in each other's presence. But what if the testator signed the Will several days before the Witnesses? Can the Will be valid? Yes. There is nothing in the statute that requires the testator to sign in the presence of the witnesses. The testator can sign the Will earlier. However, the witnesses must...
Legally India - News for Lawyers
DJS exam: SC makes amazing common sense guidelines on how to avoid future DJS debacles26 Jul 2016 | 9:35 amThe Supreme Court has today issued guidelines to the Delhi high court on how to conduct future Delhi Judicial Services (DJS) exams, following a rejoinder petition by the Centre for Public Interest Litigation (CPIL) represented by Prashant Bhushan and co-petitioner and DJS candidate Sonal Gupta, represented by Sanjay Hegde, who both appeared pro bono in the case.
Khaitan gains national cap markets practice with K Law Delhi partner Gautham Srinivas26 Jul 2016 | 9:07 amK Law Delhi partner Gautham Srinivas will join Khaitan & Co in Delhi as a capital markets partner.
Khaitan Bangalore, BMR bag $70m Flipkart buy of Jabong.com26 Jul 2016 | 6:17 am"Flipkart Ltd has acquired Jabong through its unit Myntra in a cut-price deal that values the online fashion store at $70 million, moving to preserve its position as India's No.1 e-commerce marketplace in the face of an onslaught by Amazon India," reported Mint.
Cyril Amarchand competes, hires Khaitan competition PA Anshuman Sakle as partner post-Uberoi exit25 Jul 2016 | 8:03 pmCyril Amarchand Mangaldas has continued rebuilding its competition team, ahead of the impending departure of competition head Nisha Kaur Uberoi, with the hire of Khaitan & Co principal associate Anshuman Sakle as a partner.
Cyril Amarchand poaches Shardul's TMT partner Asim Abbas25 Jul 2016 | 8:01 pmShardul Amarchand Mangaldas (SAM) technology, media and telecommunications (TMT) partner Asim Abbas, who had joined the firm a year ago, will join Cyril Amarchand Mangaldas (CAM).
Associate's Mind
Could Your Social Media Posts Prevent You From Becoming A Lawyer?22 Jul 2016 | 9:01 amThe July bar exam is coming up next week and is on the minds of many law school graduates. They're trying to get in their last minute studying and preparation before the big test (here are a few last minute tips).1that being said, if you need last minute tips…you might not be ready. But after law school, and before the bar exam, there is one other hurdle law school graduates must clear on their path to becoming a licensed attorney – they must pass a Character and Fitness Evaluation (CFE). What is a CFE? A lawyer should be one whose record of conduct justifies the trust of clients, adversaries, courts, and others with respect to the professional duties owed to them. A record manifesting a significant...
Ignore Choice Architecture At Your Peril20 Jul 2016 | 9:10 amLast evening, just as his "Gays for Trump" event at the Republican National Convention, Breitbart Tech editor Milo Yiannopoulos was suspended from Twitter. The justification for the suspension is currently unknown, although it could be as a result of Milo's run-in with Ghostbusters actress Leslie Jones on the site. Twitter CEO Jack Dorsey publicly reached out to Jones late on Monday evening after she complained about "abuse" on the platform. Milo was suspended despite the fact that he sent no abusive tweets to the actress. There were wide ranging reaction around the internet. A few examples: In the wake of Twitter suspending Milo's account, people are going to be producing various pieces on:...
Does Pokemon Go Have To Comply With The Americans With Disabilities Act?14 Jul 2016 | 6:58 amI really don't want to pile on here, but augmented reality (AR) presents many interesting and new legal issues that haven't existed up until this point. These legal issues were previously theoretical. But with the emergence and popularity of Pokemon Go, these novel legal issues about augmented reality have been thrust into the here and now. Of course, the general response to my pointing out the various legal issues with Pokemon Go has been people sending me this video clip again and again: Yes, that would be a peaceful and soothing… How Pokémon Go is creating a barrier for gamers with disabilities The game is appealing to virtually everyone, but it's simply not accessible for some players. Pokémon...
Is PokemonGo Illegal?11 Jul 2016 | 7:53 amThis past week Nintendo unleashed Pokemon Go in U.S., Australia and New Zealand and subsequently jumped in value nearly 8 billion dollars: Pokemon Go has added almost $8 BILLION to Nintendo's value. That's like the entire worth of Supercell pic.twitter.com/3GOU1z60qR — Yuji Nakamura (@ynakamura56) July 11, 2016 Why? As Forbes notes, it's about to surpass Twitter on Android in daily active users. It's insanely popular. More people have installed Pokemon Go on their Android devices than Tinder, which makes it more popular than sex if you want to think about it that way. What Is Pokemon Go? So what the hell is Pokemon Go? Bloomberg has a good primer if you want to get up to speed: After downloading the...
If You Own A Roomba…Can You Own A MurderBot?9 Jul 2016 | 10:05 amIn the aftermath of the tragedy of the Dallas shootings this week, one particular detail has caught they eye of many observers. The Dallas Police Department (DPD) killed the shooter with a robot. "We saw no other option but to use our bomb robot and place a device on its extension for it to detonate where the suspect was," Chief David Brown said in a press conference Friday morning. "Other options would have exposed our officers to grave danger. The suspect is deceased … He's been deceased because of a detonation of the bomb." That use of a robot raises questions about the way police adopt and use new technologies. While many police forces have adopted robots—or, more accurately,...
Is Skype Safe for Attorney-Client Communication?26 Jul 2016 | 12:34 pmIf you've been a casual user of Skype, you probably don't have—and don't need to have—much of a sense of what goes on behind the scenes. It allows you to make phone and video calls from your computer, and you know it works over the internet in some fashion. There's a long and thorny and hyper-technical story behind how Skype works. In brief, Skype used to be peer-to-peer, which meant that your computer, by and large, talked directly to the computer of the other person during your Skype conversation. People assumed that would be private, but it really wasn't. The Microsoft-owned service regularly scans message contents for signs of fraud, and company managers may log the results indefinitely, Ars...
Podcast #78: Going Solo When You're the Sole Breadwinner, with Randall Ryder26 Jul 2016 | 4:12 am"There was no golden parachute, there was no safety net. It was 100% swim or you're going to the bottom of the ocean." —Randall Ryder This week, Sam talks with solo practitioner Randall Ryder about what it is like to go out on your own when you have no safety net. Why Do Solo Practitioners Value Client Satisfaction over Profits? Over at Above the Law, Robert Ambrogi reported on the results of a survey of solosmall firms conducted by Thomson Reuters. That study found that for solo practitioners, the greatest indicator of success was client satisfaction. For everyone else, it was overall profits. Sam wondered why taking on a partner would shift a focus to profits. Aaron noted there are two possible ways...
Microsoft Bookings Adds Appointment Scheduling to Office 36525 Jul 2016 | 10:28 amBookings is a new Office 365 app from Microsoft for scheduling appointments. You can specify types of appointments, and Bookings will use your calendar to find open time slots for you or for others at your firm. Here is a demo of Bookings in action (just imagine you have appointment types like Initial Consult and Lunch instead of pet grooming–related appointments): Related "Four Apps to Book Appointments through Your Website" Bookings also takes care of adding appointments to your calendar (or to the person at your firm who is responsible), sends out confirmations and reminders, and makes it easy to reschedule or cancel. There will be a companion mobile app so you can manage Bookings from your...
First Look: Intake12325 Jul 2016 | 4:12 amWhile there are a lot of choices for legal practice management software, there are far fewer for client intake and customer relationship management (CRM). That's unfortunate, because attorneys, like any other client-focused profession, need to be able to track people from the moment of initial contact to the signed retainer. Intake software should allow attorneys to systematize that process with standardized forms and other tools. Additionally, good intake/CRM software should also help attorneys measure the success of their marketing efforts by being able to see what types of lead generation or marketing campaigns lead to the greatest number of retained clients. Intake123 offers a broad range of...
It Is Time to Mandate Continuances for Parental Leave24 Jul 2016 | 12:20 pmYou'd think by this point we wouldn't still be arguing about whether it is appropriate to mandate continuances when a lawyer is on parental leave. At a time when women make up 36% of the legal field, at a time when we are finally seeing BigLaw grant gender-neutral parental leave, at a time when it is 2016, for goodness' sake, this shouldn't be an issue. You'd be wrong, of course. Florida lawyers have been trying to get the Florida Bar's Rules of Judicial Administration Committee to pass a rule change that would require judges to grant continuances, with no success. The Florida Bar's Rules of Judicial Administration Committee turned aside a proposed rule that would generally require continuances for...
New York Personal Injury Law Blog
The Summer of '16 (And it isn't going well)16 Jul 2016 | 4:59 am♫Summertime, and the living is easy.♬ So goes the song. It's a time to relax at a beach, hike in the mountains, take in a few ballgames, or just kick back generally with family and friends. The practice of law slows down a bit, as lawyers, judges, witnesses taking vacations makes the scheduling of depositions and trials a "problem." And it's the time of year for news organizations to hunt down "summer stories," that are usually light, and frivolous, or are strictly local but the national news picks them up and runs with them. A story like Pokemon Go taking off like a bat out of hell, for instance, is classic summer fodder. To be followed by people getting hurt or killed due to aggravated acts of...
What Risks Have You Assumed?6 Jul 2016 | 7:14 amFranz Klammer was not involved in this incident, but he makes for great art work for the blog. An interesting case yesterday out of New York's Appellate Division, involving a skier that crashed into a snowboarder at the base of the bunny hill, badly injuring the boarder. Most lawyers wouldn't take such a case due to the assumption of risk doctrine. I've discussed that before, as it often provides immunity to the one that caused the injury. Assumption of risk, as I described previously regarding an injured softball player, provides that: a voluntary participant in a sporting or recreational activity consents to those commonly appreciated risks which are inherent in and arise out of the nature of the...
July 2nd: A Day to Celebrate Independence1 Jul 2016 | 11:43 amJohn Trumbull's famous painting of the Declaration's presentation hangs today in the Capitol Rotunda. It is owned by the citizenry of the United States. Each year I have used July 2nd as jury celebration day, as this is the day that the Continental Congress voted to liberate the Colonies from the Crown. It was signed two days later, and the date of signing is memorialized on our Declaration of Independence. John Adams thought that this was the day that would be "solemnized with Pomp and Parade, with Shows, Games, Sports, Guns, Bells, Bonfires, and Illuminations from one End of this Continent to the other from this Time forward forever more." I see no compelling reason to re-invent the wheel and...
A Lawyers' Listserv Gets SCOTUS Recognition2 Jun 2016 | 4:24 amSign inside the Supreme Court on Tuesday. It came as a shock to everyone in our informal listserv group that was sworn in on Tuesday to the Supreme Court bar. When we entered the building, we were asked what group we were from. Ummm, each of us stuttered, a group of trial lawyers from New York organized by Jay Breakstone? "You guys the Rogues?" Holy shit! The SCOTUS marshals and clerks knew the jokey name of our informal listserv!? No way! We were at first startled and flabbergasted, then astounded and amazed. Our little group of 28 New York personal injury lawyers, plaintiffs-side only, walked up the interior stairs of the Court, following those clerks and marshals, who all knew we were "the Rogues,"...
Do You Solemnly Swear…(Sworn in at SCOTUS)1 Jun 2016 | 4:31 amThe evening before… And so it came to pass, on the 31st day of May, in the 239th year of our nation's independence, that my name was called on a motion for admission to the bar of the Supreme Court of the United States. Chief Justice John Roberts, in his infinite wisdom, granted said motion as I stood in the well of the courtroom. I wrote last week of some ambivalence about this endeavor that was planned, with a group of 30 people from my listserv, as I struggled to justify an actual reason for traveling to Washington, D.C. for this appearance. That ambivalence existed because I'm not handling any case, at the moment, that has an issue that might land me there as counsel. But I discovered the reason the...
Planning Notes
Prince Estate: The Importance Of Having A Will18 Jul 2016 | 4:01 pmGary Borofsky in Forbes�about Prince's estate plan, err, lack thereof: The untimely death of the music icon is exposing the role tax planning plays in an overall estate plan. By creating a comprehensive plan, a high net worth individual can ensure that assets will be passed to his or her beneficiaries while significantly reducing taxes. Prince's lack of planning could cost his estate up to half of its estimated $300 million worth. Doug Peterson, an attorney for Bremer Trust, the company chosen by a Minnesota judge to oversee the estate, might be forced to sell valuable assets such as unreleased songs to cover the tax bill if there are not enough available liquid assets to pay Uncle Sam. By obtaining...
Before You Travel This Summer, Don't Forget These 5 Estate Planning Must Dos26 May 2016 | 11:36 pmIt's travel season! Whether you're planning to dip your toes in the sand and surf, or ride the newest attractions at your favorite amusement park, you're ready to hit the road (or the skies) and get out of town! Before you travel, there's one thing I can almost guarantee — estate planning is the furthest thing from your mind. Estate planning is a daunting topic. It's morbid to think about all of the "what ifs." What if something were to happen and one of your family members were to get seriously injured on the trip? What if catastrophe struck? Although difficult to think about, it's important to ensure you have everything in place to protect your family no matter what happens. Here are five estate...
Candidates' Proposed Estate Tax Plans26 Apr 2016 | 9:30 amRobert Woods, writing for Forbes: Under current law, estates worth $5.45 million or less are exempt from federal estate tax. Beyond that, you pay. Call it an estate tax, a death tax, or a tax on accumulated wealth. Whatever you call it, it is controversial. It is entirely distinct from income tax. You pay income tax as you earn, but whatever you have left might be taxed on death, again. Theoretically, it stops real fat cats from getting fatter generation after generation. The idea is to stop dynasties that operate with a kind of royal attitude and bankbook. But does it work, and should it work on top of income taxes? Most estate planning lawyers will say that the really big estates can find plenty of...
Bernie Sanders' Estate Tax Plan14 Apr 2016 | 11:07 pmAshlea Ebeling, reporting for Forbes: The Sanders bill, a rewrite of a bill he introduced in 2010—the year the estate tax lapsed under the Bush tax cuts — would exempt the first $3.5 million on an individual's estate from estate tax. (A married couple could shelter $7 million.) That's a huge drop from current law, a "permanent" $5 million exemption, indexed for inflation, brokered effective Jan. 1, 2011. For 2015, the individual exemption is $5.43 million ($10.86 million for a married couple). Still just 3 out of every 1,000 people who die would be subject to estate tax under the Sanders bill, compared to 2 out of 1,000 now. The higher the exemption, the more people don't pay estate tax. For those who...
Can The FBI Make Apple Rewrite iOS?18 Mar 2016 | 12:18 pmGreat analysis by Harvard Law professor Susan Crawford regarding the FBI's demands of Apple: The president�€Š — �€Šour Law Professor in Chief�€Š — has to know the DOJ is on shaky ground. He's probably got this rule of statutory construction rolling around in his mind as he watches college basketball this week: Specific statutes trump general ones. Generalia specialibus non derogant. When it comes down to it, the legal question has nothing to do with encryption or national security, rather, the question is one of statutory interpretation, which forms the bedrock of our legal system: [Do] specific statutes trump general ones. Yes they do. The FBI cannot force Apple to rewrite iOS based upon a...
Call for Papers: NUJS National Seminar on Legal Aspects of Animal Welfare [9-10 Sept, Kolkata]: Submit by July 3026 Jul 2016 | 3:24 am�
Internship Experience @ Senior Advocate CV Nagesh & Associates, Karnataka High Court: Met CBI Officials26 Jul 2016 | 3:18 am�
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Law and Daily Life
When Does Spousal Support Stop?26 Jul 2016 | 12:12 pmWhether you give or receive spousal support, you likely feel some type of way about it. Most spouses are not eager to spend their lives supporting an ex financially. Similarly, the recipient of support can feel resentful about the amount of money received or even the need for it. But spousal support is necessarily not about feelings. It's about needs, ensuring that the end of a union does not mean financial ruin for a former spouse who earns less or no money and relied on their partner. The period of support varies widely and will depend not only on state law but also personal circumstances. Generally, it lasts as long as necessary, which can be as long as a lifetime but may be less. Support stops when the...
Top 5 Tips If You've Been Sued25 Jul 2016 | 11:58 amMost of us will never see the inside of a courtroom. And if we do, it's more likely to be for jury duty, or to haggle over a speeding ticket. Those less lucky may find themselves on the other end of a civil lawsuit, which can be a scary proposition. You may not have realized you did anything wrong, and now someone else is claiming you owe thousands or even millions of dollars? Lawsuits should be taken seriously, but that's no reason to panic. Here's what you need to know if you've been sued. 1. Don't Bother Avoiding Process Servers The first step in any lawsuit is to put all the parties on notice that legal action is pending. In the interest of fairness and so no one can claim the notice got lost...
#USImmigrationLaw: What Does Changed Circumstances Mean?25 Jul 2016 | 10:19 amAsylum is a form of humanitarian relief available to people who face persecution in their home countries based on specific criteria. Although affirmative asylum applications must be filed within one year of arrival in the United States, changed circumstances are an exception to the general rule. A person may leave home and experience changes in their personal circumstances that make it impossible to safely return, or conditions in a country may transform, becoming dangerous. Immigration law recognizes that in some situations, changed circumstances necessitate filing an asylum application after the one-year deadline has passed. Let's consider. Asylum Basics An asylee is similar to a refugee except...
Can My Spouse Purchase or Carry a Gun for Me?22 Jul 2016 | 2:58 pmWhile Second Amendment guarantees the right of all citizens to keep and bear arms, there are limits to Second Amendment protections. States can, for example, limit the type of weapons people can buy, regulate the licenses and background checks required to buy and carry firearms, and may even disqualify certain people from gun ownership. And the White House just tightened restrictions on who can sell guns. But what about a gun that has already been purchased legally, then given as a gift or shared between spouses? Can a wife buy her husband a gun as a Christmas present? Can a husband lend his wife a gun for protection? Can a husband carry his husband's gun? Let's take a look. State of Gun...
How to Modify Joint Custody of Kids and Be the Sole Custodian22 Jul 2016 | 10:59 amYou currently share custody of your children, but maybe you'd like to change that. You'd prefer to be the sole custodian and want to know how to make that happen. The general answer is that you will have to apply with the court that awarded joint custody, and you should probably prepare for some opposition. Let's consider here what kind of conditions or changed circumstances might justify a change in a custody arrangement and how to prepare to make your case for being the sole custodian. Jurisdiction Courts recognize that circumstances change after a divorce, so the initial custody arrangement may be modified if both parents agree to it or by petitioning for a change through the courts. If you are...
But I do have a law degree...
When a Childless Gay Man from England Visits an American Suburban Housewife for 9 Days, Fun Things Happen14 Jul 2016 | 11:01 amFirst, you immediately abandon your healthy eating/alcohol abstinence plan for the first couple of weeks in July. �You plan to pretend you aren't an American suburban housewife with three kids for those 9 days, to the extent possible. The next thing to go is sleep, which became apparent on Day 1�of the visit. �You set a self imposed curfew of midnight, then you extend it by 30 minutes. �And then another. �And another. �Then you lose track of time and say fuck it and stay up into the wee hours talking and laughing about anything and everything. �You realize how much you have missed your friend, who after 16 years, is more like family.You wake up completely hungover on Day 2,�the 4th of July, but resolve to...
Hello Out There30 Jun 2016 | 7:45 amYou know how when a friend calls you, and you keep meaning to call them back, but then the longer it gets you almost get too embarrassed to call them back because so much time has passed, and then you are filled with shame and question whether to just end the friendship because you've left it too long and you're just a shitty person?That's how I've been with this blog. It's been over two months since I have written, which is stark given that I used to write every day. Here's the honest truth - over the past year, this blog has felt more like a chore than a joy. �I've been feeling so much pressure to deliver unique posts, with good writing and deep thoughts and wry humor. �I'll start writing and then realize...
Coming Full Circle27 Apr 2016 | 11:06 amWhen I was in 5th grade, I decided I wanted to be a writer. �I was obsessed with Judy Blume and became equally obsessed in writing my own young adult novel. �I began writing first drafts of first chapters of various books, never progressing beyond that. �After a couple of years, I gave up and moved onto poetry, mainly focusing on my junior high crush at the time who wanted nothing to do with me. By 9th grade, it was clear none of my books were ever going to be completed, and my poetry wasn't all that great (and by then, my crush was over). �I moved onto politics, became obsessed with the 1992 presidential elections, and ultimately convinced myself that I should go into the legal field. Yada yada yada, now...
When the World Becomes Scary6 Apr 2016 | 10:56 amI was living in London on April 20, 1999 when the Columbine shooting happened. �It was all over the London tabloids. �And I remember it not primarily for the horror of it all, though that's of course its legacy. �I remember it because it's the first time that a world event scared me. Perhaps I was more naive than most, but at age 20, I was impervious to the news. �It flowed off of me. �Back then, I was young and indestructible and everything in the news happened to "other" people. �I had come from a protected midwest city and gone to a protected college town and finally to London, a place, notwithstanding its peppered history, that was a safe haven among the plethora of other places to study abroad as a...
European Adventures11 Mar 2016 | 5:52 amOnce upon a time, a long, long time ago, I was a world traveler. Nothing extreme, mind you - I wasn't a solo backpacker criss-crossing the globe and becoming a bartender at random cities that struck my fancy (though I did fantasize about it). �Instead, I was a more intense version of a college student with a Eurail pass. �I lived in England in my early 20's and I explored all of Europe, many times over, and then I added in a bit of Egypt, Southeast Asia, and Australia. �When I wasn't traveling, I was researching and planning my next trip. �It was my passion, my hobby, my avocation, and seeing the world - at least part of it - made me feel humble and free. �Slowly but surely, adulthood crept in, and instead...
Who Pays for Injuries from a Pedestrian Hit and Run Accident21 Jul 2016 | 6:05 amHit and run pedestrian accidents are unfortunately relatively very common here in the greater Los Angeles and Orange County area. It is enough of a shock to be involved in a pedestrian hit and run accident, and when the driver leaves the scene it adds immeasurable pain. The victim and their family are left with […] The post Who Pays for Injuries from a Pedestrian Hit and Run Accident appeared first on rjmlawfirm.
Common Injuries Caused by Dog Bites20 Jul 2016 | 3:29 amWhat are some of the common injuries caused by dog bites in Orange County and Los Angeles? Dogs are known as man's best friend, but unfortunately, not all dogs are friendly and sometimes they can attack humans intentionally or on accident, and cause injuries. Dog bite injuries can range from the mild to extreme, sometimes […] The post Common Injuries Caused by Dog Bites appeared first on rjmlawfirm.
Car Accident in the City of Orange Overturns Vehicle18 Jul 2016 | 4:37 pmA serious car accident in the city of Orange over-turned a vehicle and caused injuries to the drivers involved. In addition, the accident created massive traffic for daily commuters as California Highway Patrol and emergency medical personnel were dispatched to the scene. Multiple vehicles were involved in the collision, and most parties appear to be without […] The post Car Accident in the City of Orange Overturns Vehicle appeared first on rjmlawfirm.
Dehydration in a Nursing Home is Abuse15 Jul 2016 | 2:00 pmDehydration in a nursing home is abuse and you need to know what signs to look for. Simply stated, dehydration is simply an excessive loss of water. This condition affects all of the body's organs and systems and can become life threatening. Dehydration is one of the most common forms of abuse and neglect in […] The post Dehydration in a Nursing Home is Abuse appeared first on rjmlawfirm.
Dog Bite Injuries Often Result in Scarring14 Jul 2016 | 5:16 amOrange County reports an average of 3 to 5 dog bites every day. The wounds resulting from a dog attack are often rough tearing injuries. This is the reason dog bite injuries often result in scarring requiring the attention of a plastic surgeon. Who pays for the medical expenses, physical therapy and plastic surgery resulting […] The post Dog Bite Injuries Often Result in Scarring appeared first on rjmlawfirm.
The New Hampshire Review
Hillary Clinton's House of Cards30 Jun 2016 | 10:15 amIs House of Cards Based on Hillary Clinton Political Scandals? Hillary Clinton has survived the Bernie Sanders socialist uprising and has become the first female presidential nominee from a major party. Her rise to power has many wondering if she might be a character out of the Netflix hit political drama House of Cards. The scandals, […]The post Hillary Clinton's House of Cards appeared first on The New Hampshire Review.
In Defense of the AR-15 Rifle17 Jun 2016 | 2:53 pmCritics Call for Banning the AR-15 Rifle In the wake of the terrorist attack in Orlando by another radicalized Islamic murderer, the AR-15 has been vilified by the president and his hopeful successor, Hillary Clinton. This tragic event follows an increasing awareness of painful loss resulting from mass killings by individuals whose hearts and minds have […]The post In Defense of the AR-15 Rifle appeared first on The New Hampshire Review.
Craigslist Ads Offering Money to Protest at Trump Campaign Events10 Jun 2016 | 5:01 pmLooking for a temporary paid gig to earn some extra cash protesting Trump? Do you like shouting slogans, holding signs, and standing your ground? If you're an experienced protestor or would like to be, answering the latest of what appear to be several anti-Donald Trump ads on Craigslist may be your best bet. A few […]The post Craigslist Ads Offering Money to Protest at Trump Campaign Events appeared first on The New Hampshire Review.
Berning the Fields – Hillary's Coronation is Shunning Millennials7 Jun 2016 | 4:32 amBefore the polls opened in California and New Jersey, Hillary Clinton's media friends made a few phone calls to superdelegates and declared her presumptive nominee. This untimely move angered millions of Bernie Sanders supporters and provided further evidence that the election was rigged in Clinton's favor. Bernie Sanders Stood Up Against the Clinton Machine On […]The post Berning the Fields – Hillary's Coronation is Shunning Millennials appeared first on The New Hampshire Review.
Trump University – A Lesson in Bad Business Decisions2 Jun 2016 | 12:32 pmTrump's Failed Business Ventures Trump University continues to follow Donald Trump as he moves forward with the GOP nomination. While he is famous for his wealth and successes, this primary season has brought forth many unsavory details about his questionable leadership and failed business ventures. Marco Rubio first brought Trump University into the public eye in February during his […]The post Trump University – A Lesson in Bad Business Decisions appeared first on The New Hampshire Review.
Virginia Business Lawyers
Financial Preventive Care – 6 Steps to Maximize Asset Protection18 Jul 2016 | 11:50 amLike people who are in good health and believe they do not need to see a doctor or engage in preventive medicine, many who are healthy financially, often are not too concerned about protecting their assets from the claims of creditors. However, potential exposure from unanticipated liabilities lurks around many corners. In a litigious society, we all are subject to liability for negligence claims where there is no insurance coverage, or the coverage is insufficient, such as from motor vehicle or other accidents or malpractice claims against professionals. No one ever sets out to suffer a business failure, but sometimes unexpected economic downturns, industry changes or national or world events can blind...
2016 Legislative Changes to Virginia Family Law29 Jun 2016 | 11:10 amThe 2016 Virginia General Assembly enacted several changes to statutes relating to family law in the Commonwealth. Those changes are effective July 1, 2016 and include the following: Equitable Distribution. House Bill 404 modified Virginia's equitable distribution statute, Virginia Code § 20-107.3, to provide that if one spouse has in their possession and control separate property of the other party, then the Court can order the separate property to be transferred to the owning spouse. Generally, separate property is property that was acquired by one of the spouses prior to the marriage or after the parties separated, or was acquired during the marriage through inheritance or gift. Previously, the...
Spokeo, Inc. v. Robins: the Constitution Requires Proof of Concrete Injury18 May 2016 | 10:44 amThe Supreme Court of the United States, in a 6-2 ruling, has fleshed out the Constitutional requirement for proving injury in a Fair Credit Reporting Act case. In Spokeo, Inc. v. Robins, the Court held, in a boost to defendants in FCRA cases, that injuries must be both "particularized" to a plaintiff and "concrete." Although Plaintiff Robins could meet the first prong of that test, he failed the second. Spokeo operates a "people search engine" for biographical, professional, educational and other information about individuals. Using Spokeo, a search of Plaintiff Robins's name reported that he is married, is in his 50's, has children, is relatively affluent, and holds a graduate degree. According to Robins,...
Sands Anderson Report on First Day Hearing in Bankruptcy Filings of Penn Virginia14 May 2016 | 8:40 amLawyers from the bankruptcy team of Sands Anderson attended yesterday's "First Day" hearings in the chapter 11 bankruptcy case of Penn Virginia Corporation and its affiliates. Penn Virginia is an oil and natural gas exploration company that is headquartered in Radnor, Pennsylvania and primarily operates in Texas and Oklahoma. The hearings were held before the Honorable Keith L. Phillips in the Richmond Division of the United States Bankruptcy Court for the Eastern District of Virginia. This bankruptcy case represents the latest significant filing in Richmond by an energy company, following Alpha Natural Resources, Patriot Coal, and James River Coal. At the hearings, Penn Virginia previewed a comprehensive...
Penn Virginia files bankruptcy in Eastern District Virginia, Richmond Division12 May 2016 | 8:09 amCiting a profound transformation of the oil and gas industry, Penn Virginia Corporation and its affiliates filed for chapter 11 bankruptcy relief early this morning in the United States Bankruptcy Court for the Eastern District of Virginia. A Restructuring Support Agreement entered into with certain lenders suggests that the bankruptcy petition has the support of a majority of Penn Virginia's primary lenders. In fact, a proposed Chapter 11 Plan has already been prepared and filed along with other typical "First Day" bankruptcy filings. The Bankruptcy Court in Richmond, Virginia has scheduled a hearing on the "First Day" filings for Friday, May 13, 2016, at 11:00 am. Members of the Sands Anderson Bankruptcy...
Legal News – Law Firm Newswire
Attorney Peter Brill Comments on Fraud Charges Faced by New York City Correction Officers Union Chief26 Jul 2016 | 3:00 amNew York, NY(Law Firm Newswire) July 26, 2016 – The head of a New York City correction officers' union has been arrested by the FBI and accused of fraud and conspiracy. Federal authorities allege that Norman Seabrook, president of the New York City Correction Officers' Benevolent Association, was paid tens of thousands of dollars by a hedge fund manager, in exchange for investing millions of dollars of the union's money with the fund. "Fraud and conspiracy are very serious charges," said Peter Brill, a New York City criminal defense attorney with Brill Legal Group, who is not involved with the case. "An aggressive defense is often necessary to protect the defendant's rights." Murray...
U.S. Supreme Court Makes It Easier to File Constructive Discharge Actions — Chicago Employment Attorney Timothy Coffey25 Jul 2016 | 3:00 amChicago, IL (Law Firm Newswire) July 25, 2016 - In what many consider an important decision, the Supreme Court has now made it easier for federal workers to file discrimination lawsuits if they quit their jobs due to intolerable work conditions. In the legal niche of employment law, constructive discharge, also called constructive dismissal or constructive termination, happens when an employee resigns from a position due to a hostile workplace environment created by the employer. "The resignation is not voluntary and therefore it is, in effect, a termination," explained respected Chicago employment lawyer, Timothy Coffey. The U.S. Supreme Court just recently ruled in a 7-1 decision that employees who...
Employers Face Liability for Retaliation Against Employees Who File Workers' Compensation Claims22 Jul 2016 | 3:00 amPetrillo & Goldberg Law. Pennsauken, NJ (Law Firm Newswire) July 22, 2016 – Lawsuits that accuse companies of engaging in workers' compensation retaliation are becoming increasingly common. This is because of the recent verdicts awarding damages to employees whose former employers retaliated against them when they filed workers' compensation claims. For instance, in February of this year, a court in Indiana rendered a judgment in excess of $400,000 in a workers' compensation retaliation lawsuit. In addition, a jury in Florida awarded over $600,000 for another such claim. And the U.S. Court of Appeals for the 10th Circuit lowered a $4.2 million award to $2 million. It is illegal to terminate or...
DWI Is Not a Victimless Crime — Ever21 Jul 2016 | 3:00 amAustin, TX (Law Firm Newswire) July 21, 2016 – Whether a car accident is a single rollover due to an inebriated driver or two vehicles were involved in a collision in which one or both drivers were intoxicated, the incident is not a victimless crime. Drinking and driving is a crime. It is illegal. It kills and maims. It sends people to jail. It ruins people's lives. Everyone knows they should not do it, and yet they still do, thinking nothing will happen to them and that they will not get caught. In Texas in 2015, DPS troopers arrested 270 intoxicated drivers. "And those are only the ones that were caught," said Austin plaintiff's DWI attorney, Bobby Lee. If 270 were caught, how many were...
The Value of Life Insurance as Part of an Estate Plan20 Jul 2016 | 3:00 amFairfax, VA (Law Firm Newswire) July 20, 2016 – Life insurance can be an integral part of estate planning in that it can help preserve wealth for posterity. In the case of an unforeseen death, life insurance can shield the testator's family by replacing lost earnings. Additionally, there are many ways in which it can be used to take the place of wealth. For instance, if the testator owns real estate that has appreciated in value, or other assets, and would like to part with them without incurring capital gains tax liability, the testator could give the assets to a charitable remainder trust (CRT). Because it is a tax-exempt entity, the CRT can engage in a sale of the assets and reinvestment of the...
My Distribution Law
If You Discount It, And They Don't Come . . . .14 Jul 2016 | 2:08 pm(Photo credit: Wikipedia) Researchers at my alma mater (including Steven Levitt of Freakonomics fame) recently reported the results of an interesting study: discounts offered on virtual goods (i.e., in-app purchases in connection with online video games) did not stimulate increased demand for the virtual goods. Analysis of players' responses to the discounts show that:

Quantity discounts had virtually no effect on the share of players making a purchase.

Customers who made small and infrequent purchases tended to spend more when offered the largest quantity discounts, while customers who were already large buyers tended to spend less. The net result was no impact on revenues or profit.

Data suggests some...

Supreme Court lets Fourth Circuit's Articulation of Standard for Pleading a Sherman Act Conspiracy Stand – for Now20 Jun 2016 | 4:55 pmA rudimentary table saw (Photo credit: Wikipedia) On Monday, the U.S. Supreme Court refused to review the Fourth Circuit's decision in SD3, LLC v. Black & Decker (U.S.) Inc., et al., 801 F.3d 412 (4th Cir. 2015), allowing the decision – and, arguably, a circuit split on the pleading standard for Sherman Act Section 1 conspiracy claims – to stand. SD3, LLC and its subsidiary, SawStop, LLC alleged that they developed a new safety technology for saws to avoid or minimize injuries, and that the saw manufacturers engaged in a group boycott of the technology, primarily because they feared that if some manufacturers (but not others) licensed it, those who did not might be exposed to product liability...
Third Circuit Rejects Single-Product Bundling Claim – But Holds Its Fire on What Test to Apply10 May 2016 | 10:44 amRed Blood Cell (Photo credit: Wikipedia) In Eisai, Inc. v. Sanofi Aventis U.S., LLC, No. 14-2017 (3d Cir. May 4, 2016), the Third Circuit addressed a mix of allegedly exclusionary conduct, including the defendant's discounting of its anti-coagulant drug Lovenox, and held that the discounting was not unlawful. The defendant offered discounts, including up to 30% of a customer's total Lovenox purchases if the customer bought some 90% of its anti-coagulant drugs from Sanofi. Eisai argued that Sanofi was effectively foreclosing competition by "bundling" the different types of demand for Lovenox – the "uncontestable" demand for the product (i.e., the inelastic and always-present demand) with the...
Speaking About Discounted Pricing Clauses13 Apr 2016 | 11:28 amI'm happy to be speaking on "Discounted Pricing Clauses: Drafting Enforceable and Compliant Provisions After Collins." We'll be addressing potential pitfalls in drafting discounted pricing clauses in commercial contracts, particularly in light of the Sixth Circuit's decision in Collins Inkjet Corp. vs. Eastern Kodak, 14-3306 (6th Cir. 2015). The panel will review the efficacy of bundled pricing provisions, minimum requirements contracts, and tiered or volume-based pricing schemes and provide best practices for drafting compliant clauses. The presentation is on Tuesday, May 17, 2016. Information can be found here. I wrote about Collins previously.
Sixth Circuit Opens a Pandora's Box of Joint Venture Challenges22 Mar 2016 | 1:38 pmSay you're a group of hospitals that get together under a Joint Operating Agreement. You agree to form an integrated health system. You agree to total your net incomes into a single "network net income" that is allocated to the parties based on predetermined percentages. That means that no hospital has an incentive to poach patients from another. You also agree to share losses according to the same predetermined percentages. And you go further – you grant significant operational authority over each hospital to a central operator. That operator can, among other things, require coordination of activities. The operator has authority to manage all hospital operations and is in charge of centralized...
Kangaroo Court of Australia
Bill Shorten and Andrew Bolt's mate Andrew Landeryou arrested23 Jul 2016 | 5:29 amBill Shorten and Andrew Bolt's mate Andrew Landeryou and three other Labor Party and Union crooks were arrested in the early hours of election day for criminal offences undermining the election process trying to help federal MP Michael Danby. They are all good friends with Danby and Shorten. All four who were arrested have previously […]
Sexual harassment complainant sacked by Channel Seven on Ryan Stokes' watch19 Jul 2016 | 6:04 amChannel Seven have sacked journalist Amy Taeuber after she complained to News Director Graham Archer about being sexually harassed by fellow Channel 7 journalist Rodney Lohse. The cover-up is in full swing right up to board level at Channel Seven's owners, Seven West Media, and the parent company Seven Group Holdings whose CEO is Ryan Stokes. […]
Malcolm Turnbull donates $1 million because corrupt Liberals have $4.4 mill stuck with Electoral Commission16 Jul 2016 | 6:39 amMalcolm Turnbull has used $1 million of his own money to help buy the federal election win. The reason Turnbull had to donate the cash is because $4.4 million of the Liberal Party's money is stuck with the NSW Electoral Commission as the Liberal Party refuse to come clean with who donated hundreds of thousands […]
Pauline Hanson – The paid puppet in parliament for Kerry Stokes and Channel 712 Jul 2016 | 7:20 amPauline Hanson has been on Channel 7's payroll since at least September 2015. Channel 7 is controlled by the corrupt businessman Kerry Stokes who is well-known for using politicians and government employees as his personal puppets and doesn't hesitate to bribe government officials to get his way. And it looks like Pauline Hanson has also […]
Bill Shorten and Labor Party guilty of breaching section 148 of the Criminal Code = 5yrs jail9 Jul 2016 | 8:46 amBill Shorten and Chris Bowen have in effect admitted on television that Labor Party staff have committed the federal crime of impersonating Commonwealth public officials which carries a jail term of up to 5 years. The Australian Federal Police are investigating as the Liberal Party made a formal complaint on election day (2-7-16) so the […]
Attorney at Work
Team Communication Tools: Why All the Buzz?26 Jul 2016 | 3:04 amA change has crept up on us in the past couple of years. Just when you were starting to roll your eyes back into their sockets at the talk of "the death of email," up popped expressions like "WhatsApp me that file" or "I just Vibered my brother back home." People are feverishly typing communications to others on their phones, tablets and laptops — and certainly not writing emails. Propriety restrains you from spying over their shoulders, but you see enough to notice the new phenomenon in communication: group messaging and chat. And businesses are not far behind. You can order food, make a doctor appointment or track the delivery of your package — all through group messaging. Team...
Talk Like You Drive — With Care25 Jul 2016 | 3:00 amNothing draws a smirk or an arched eyebrow in certain circles as quickly as mispronunciation of the brand name of an automobile. This faux pas is especially damning when entertaining clients in businesses related to the auto industry, but pitfalls are everywhere. Who knew that client's passion was Formula One? As frequently noted in Get to the Point, as the well-spoken, literate attorney you are, you need to pronounce words correctly, even when those around you do not. Perhaps the most common car mispronunciation is Porsche — that's two syllables, not one. Pronounce this the same way as you say Portia, the name of the legal-whiz character in The Merchant of Venice. And while we're talking sports...
Five Ways to Improve Your Clients' Experience Today22 Jul 2016 | 3:00 amSometimes it's the small things that make the biggest difference in life — and in business. From a customer service perspective, the little things can build loyalty more effectively than any advertising or marketing campaign. You may think the kind of customer service touch points common in retail or other service businesses don't apply to the legal industry, but think again. Nobody who needs a lawyer's services is probably very excited about it. You can score big points by making your clients' experience with you and your firm simple, easy and even pleasant. What's It Like to Do Business With You? The phrase "customer experience" is popular in retail marketing, online and offline, in technology...
BullsEye Blog
Anything's Possible — Ensuring Plausibility under Daubert26 Jul 2016 | 12:00 am"Dr. Expert, here is our theory for the case. Can you tell me if it's possible?" The one thing you do not want opposing counsel's expert to say when addressing your expert's opinion on the stand—with smirk and a chuckle—is: "Well, anything's possible."
Make it Rain, Make it Stop: A Monopoly on Weather?18 Jul 2016 | 10:00 pmThey call it "cloud-seeding." It sounds a little like science fiction, but it's happening. As scientific weather modification becomes more common and weather contractors are brought in to induce climate change, we have to wonder: Might there one day be a monopoly on weather?
Claims So Well-Established They're Un-Daubert-able?13 Jul 2016 | 7:00 pmThe world is not flat. Smoking is bad for you. Are these conclusions all so "accepted" that they are truly above and beyond Daubert analysis? If so, where does compulsory acceptance give way? With the assertion that tobacco is cancerous?� Asbestos causes mesothelioma? Or Fixodent causes spinal cord disease?
Expert: I'd Like to Phone a Friend30 Jun 2016 | 6:12 am"Let me get this straight. Your opinion is based on what someone else told you, but you're not going to tell us what they said?" Can experts really phone a friend in confidence? According to the Federal Rules of Evidence, as recently interpreted by a judge in the Southern District of New York, they can.
Talc About Daubert v. Frye in MO and FL28 Jun 2016 | 1:00 amThe name�Daubert�is legendary. The doctrine has spread across the nation over the last quarter-century with most states adopting the standard. Two states,� Florida �and Missouri, are now facing the possibility of major changes concerning the expert admissibility precedent. In the meantime, Johnson & Johnson is in the middle of several litigious fights over its talcum powder. Read more on how these admissibility decisions could determine the fate of these cases.
Hunt & Associates, PC
New Rules Will Entitle Many "White Collar" Workers to Overtime Pay19 Jul 2016 | 10:14 amThe U.S. Department of Labor (DOL) has issued new rules governing overtime pay which will automatically extend eligibility for overtime pay to an estimated 4.2 million workers. Under the new rules, which will take effect on December 1, 2016, most salaried workers earning less than $913.00 a week ($47,476.00 annually) will be entitled to collect overtime pay. This newly prescribed salary level is more than double the current amount ($455.00 per week or $23,660.00 per year) at which workers generally are considered exempt from the overtime rules. A brief summary of the Fair Labor Standards Act (FLSA) is useful in understanding what is going on here. The FLSA mandates that employers pay their employees...
Our Slowing Roads – The War against Our Cars28 Jun 2016 | 10:45 amHave you ever wondered why the streets and roads seem increasingly clogged, the traffic more and more congested? Did you ever wonder if the City just doesn't want to ever fix the potholes no matter how much money it has to spend on art, bike paths, employee perks and bridges for every means of travel except the cars we actually use most? In fact, streets and roads are regularly redesigned to impede the flow of auto traffic even along the most vital thoroughfares. As John Charles of the Cascade Policy Institute briefly explains here, those who know what's best for us are doing what they can to nudge us out of our vehicles through a quiet campaign of subtle obstruction for which they've found plenty...
Oregon: One State, Two Minimum Wage Rates28 Jun 2016 | 10:28 amBeginning July 1, 2016 Oregon has two different minimum wage rates depending on where in the state an employee works. Here is the link to the Oregon Bureau of Labor and Industries ("BOLI") summary of which minimum wage rate must be paid where in Oregon. © 6/28/2016 Lawrence B. Hunt of Hunt & Associates, P.C. All rights reserved.
Protect Yourself with a Power of Attorney16 Jun 2016 | 2:09 pmMost people probably associate the words "guardian" and "conservator" with individuals who are appointed by a court to assist someone else who is, for any number of reasons, incapable of managing life on his or her own. Indeed, we have established court proceedings in which a judge can appoint a guardian to oversee and protect the wellbeing of a minor or an adult who is incapacitated because of some physical, mental or emotional disability. Likewise, a judge is empowered to appoint a conservator to preserve and maintain the financial resources of someone who is or has become incapable of managing such resources on his or her own. Guardianships and conservatorships are types of protective...
When the Government's Production of "Laws" Exceeds Its Ability to Digest Know What It Has Produced13 Jun 2016 | 11:21 amCongress often delegates its legislative authority to administrative agencies which exercise that authority to revise, interpret and define legislation. The increasing volume of such administration has caused one federal circuit court to note that even the government agencies were apparently incapable of knowing what their own "law" is. One recent case the appellate court panel noted took the court, ". . . to a strange world where the government itself – the very 'expert' agency responsible for promulgating the 'law' no less – seems unable to keep pace with its own frenetic lawmaking. A world Madison worried about long ago, a world in which the laws are 'so voluminous they cannot be...
Recent Blog Posts
California Supreme Court Limits Reach of Elder Abuse Act8 Jul 2016 | 3:59 pmIn a recent decision, the California Supreme Court has limited who can be named a defendant in claims citing damages for elder neglect. In Winn v. Pioneer Medical Group, the court further defined the meaning of negligence in the Elder Abuse Act—a decision that is likely to protect many medical professionals and managed care organizations from being held liable in future lawsuits. Winn v. Pioneer Medical Group In Winn v. Pioneer Medical Group, surviving daughters of the deceased filed to hold three doctors responsible for the death of their mother. In their suit, they claimed that these doctors, who saw their mother over the course of several years, recognized that their mother had a...
Staying Connected with Norman Taylor & Associates4 Apr 2016 | 5:14 pmWhen it comes to lemon law, the attorneys at Norman Taylor & Associates wrote the book. Literally. Attorney Norman Taylor has had his hand in two separate publications regarding lemon law. He co-authored Lemon Law: A Manual for Consumers in 1991 and then wrote Lemon Law: The Standard Reference Guide in 2005. His work in and out of the courtroom is no less impressive. Since 1987, he and his firms have handled more than 10,000 lemon law cases and have worked to force automakers to refund more than $120,000,000 for defective goods. Our firm is proud of the work we have done and looks forward to the work we will do in the future. If you believe that you have a lemon law case, we are the firm...
Record Car Sales - Record Lemons?28 Mar 2016 | 10:37 amA recent article (click here to read) tells us that 2015 was yet again another banner year for auto sales. In fact, it represents a record for consecutive years of increased auto sales. Although the article doesn't mention it, this record of successive years of increased auto sales was easier to achieve for the simple reason that 2009 or 2010 was the lowest auto sales since World War II. That's right, the recession that hit us then hurt consumer confidence so much, very few people were willing to buy new autos - and hence the car sales crash. Although Norman Taylor & Associates does more than just represent buyers of lemon vehicles, this part of our practice felt the impact of that...
Norman Taylor & Associates is proud to announce that Norman F. Taylor has been selected for inclusion in 2016 Super Lawyers20 Jan 2016 | 4:25 pmNorman Taylor & Associates is proud to announce that Norman F. Taylor has been selected for inclusion in the 2016 California Super Lawyers list. Super Lawyers has emerged as one of the most trusted and respected recognitions in the legal industry. Every year, Super Lawyers releases its lists of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement in each state. This distinction provides the best legal representation available across numerous practice areas. The organization uses a multi-faceted and patented review process to ensure the viability of its selections. Criteria that Super Lawyers uses to evaluate...
Class Actions, Recalls and Lemon Law Cases: What's the Difference?13 Oct 2015 | 11:12 amYou've purchased a vehicle and found out that there is a significant issue with it. A defect that manufacturer should have remedied. Maybe a dangerous one. You have decided to take legal action—but are now unsure about where your case fits into the legal landscape. Should you expect a class action lawsuit? Participate in a recall? File a lemon law claim? While these three actions may seem similar to the average consumer, they are actually markedly different and are only appropriate if certain circumstances exist. Let's take a closer, conceptual look at these three actions and see when each is called for and what they mean to you, the consumer. Class Actions Class actions occur when there is...
Rozek Law
Crash Result of Drinking, Pokemon GO25 Jul 2016 | 2:44 pmCounty sheriff's deputies say two people crashed their cars in Wisconsin this past weekend while playing the newly released Pokemon Go mobile game. Read More: Auto Accident Attorney in Wisconsin "The sheriff's office issued a news release Monday saying around 2:30 a.m. Saturday a 25-year-old Madison man crashed into a tree in the town of Verona. He was taken to a local hospital with non-life-threatening injuries and cited for drunken and inattentive driving," according to an article by TwinCities Pioneer Press. About 6:30 a.m. that same day another man, 26-years-old, drove his car into a tree in the town of Verons while allegedly playing Pokemon Go. The Fitchburg man's car caught fire, but the...
Frequent Atlanta Driver to Miss Two Races24 Jul 2016 | 3:03 pmDale Earnhardt Jr., who often competes at Atlanta Speedway, to pass on two races this month as he's recovering from concussion-like symptoms. Jeff Gordon will step in and drive the No. 88 car for the rest of this month. Read More: Traumatic Brain Injury Attorney in Wisconsin "Hendrick Motorsports announced Wednesday that Earnhardt has not yet been cleared to drive by doctors and will miss Sunday's Brickyard 400 as well as next weekend's race at Pocono. NASCAR's most popular driver has been battling balance issues and nausea since a July 2 crash at Daytona," according to an article in the La Crosse Tribune. Earnhardt also stepped away from the car last weekend in New Hampshire and was replaced...
Multiple Injuries, Death Reported in Wisconsin Vehicle Crashes23 Jul 2016 | 2:46 pmTwo separate vehicle crashes in Wisconsin have left one woman dead and multiple others wounded. Read More: Auto Accident Attorney in Wisconsin The first crash occurred in Wisconsin and involved two vehicles. The incident occurred on Wisconsin 23 westbound near County Road Friday afternoon, July 22nd, according to an article on FOX-6 NOW. The crash happened about 2:45 p.m. According to the Sheboygan County Sheriff's Office an 81-year-old man from Sheboygan, a 35-year-old woman from Plymouth, and a 75-year-old Sheboygan Falls woman were all transported to local hospitals following the crash, FOX6- NOW reports. Officials say the 75-year-old Sheboygan Falls woman was pronounced dead upon arrival to Saint...
Two Fatal Drunk-Driving Cases Underway in Green Bay22 Jul 2016 | 11:43 amAt least two fatal drunk driving cases are underway in Green Bay, Wisconsin. A 17-year old is facing criminal charges following a northeast Wisconsin crash that killed two people and injured three others. Brown County sheriff's investigators say they're waiting for blood tests to determine what the teen had in his system – but the teen was booked on two counts of homicide by intoxicated driving, according to New Richmond News. Read More: Auto Accident Attorney in Wisconsin The teen's 16-year-old passenger Simon Hill of Greenleaf died along with a passenger in an SUV, 32-year-old Laurie Shaha of De Pere. "Deputies say the teen suspect drove a pickup truck through a stop sign near Denmark Monday night...
Four Vehicle Crash in Washington County Leaves Three Injured and One Dead21 Jul 2016 | 3:13 pmAccording to jsonline.com: A woman was killed and three people were injured in a four-car pileup Tuesday that left state Highway 60 closed for nearly seven hours east of Jackson in Washington County. Read More: Auto Accident Attorney in Wisconsin The Washington County Sheriff's Office responded to the crash scene about a mile east of county Highway M in the Town of Jackson about 2:30 p.m., where a deadly chain of events ensued when a 21-year-old driver tried to pass two vehicles using the gravel shoulder, then lost control and careened into oncoming traffic. The 21-year-old male driver was eastbound when he entered the shoulder, lost control, went back onto the highway, crossed the centerline into the...
HoganWillig Blog
HoganWillig Office Added to National Register of Historic Places25 Jul 2016 | 9:00 pmThis past March the Elmwood East Historic District was added to the National Register of Historic Places.� This listing recognizes the historical significance of the buildings located within the district, and that the structures are worthy of preservation.� HoganWillig's Buffalo office, located at 155 Summer Street, is located within this newly recognized Historic District.��
Just Say No- Caution to Cosigners20 Jul 2016 | 9:00 pmWe've all heard stories time and time again from our friends and families about their cosigning mistakes. We may hear of a friend who cosigned on a loan for his girlfriend, they broke up, she stopped paying, and it destroyed his credit, or, maybe a parent stepped in as a cosigner for a child with no established credit for his first car and ended up making the payments.�
Podcast: What Are My Rights When Stopped by the Police?17 Jul 2016 | 9:00 pmDiane Tiveron talks with Civil Litigation Chair Steven Cohen about what your rights are when stopped by the police. Listen here.
Premarital Financial Talk14 Jul 2016 | 9:00 pmMoney tops the list of reasons for divorce. The risk that any marriage will end in divorce is about 45 percent. One of the major discrepancies that come up is in how men and women view money—women tend to view money as a means of security, while men conversely view it as a source of power and status.�
Do We Have To Live Together While We Are Getting Divorced?12 Jul 2016 | 9:00 pmOne of the most frequently asked questions I am asked by a client who is getting divorced is whether his or her� spouse can be forced to move out of the residence they are living in together. �At face value it is a fair and logical question, it seeming to be simply common sense that in all but a few instances where the parties are able to peacefully coexist, living together during a divorce is likely to be stressful, acrimonious, and uncomfortable.
bLAWgical Thinking
#barexamprep: 1 More Day25 Jul 2016 | 1:51 pmGUEST BLOG by Harrison Thorne, Graduate of UCLA Law Tomorrow is the first day of the California Bar. There is so much to know, so little time to prepare, so much pressure, and so much uncertainty. But, I feel confident. I have done everything BARBRI assigned, read over my outlines more times than I care to think about, done more essays and multiple choice questions than seems possible, and spent more time in a book than in the real world. But, it has all been worth it, because I have a weird peace of mind right now. I have seen a ton of Facebook memes about failing the Bar, etc. I'm staying off Facebook, and avoiding all negativity. I figure that at this point, I know what I know. Freaking out, or...
#BarExamTake2: Post Bar Reintegration25 Jul 2016 | 11:21 amGUEST BLOG by Gianna Venticinque, Graduate of Northern Illinois College of Law You may be reading this post-bar but hey, better late than never, right?! It's finally here!! The day everyone's been waiting for… er… sort of waiting for, more like dreading, but it's here!!. Let me tell you, walking out of the Bar after day two is probably the most amazing/weird moment you'll ever experience in your life (thus far at least). You'll be thrilled it's over, but you won't know what to do with yourself. I'll tell you from experience, do not, and I repeat, DO NOT talk about the questions with ANYONE. The second you put down that #2 bar examiner-provided used pencil after the last question you are...
#barpreplife: 1 More Week!22 Jul 2016 | 10:20 amGUEST BLOG by Harrison Thorne, Graduate of UCLA Law So, the Bar Exam is one week away. I have studied more in the past 9ish weeks than my entire last year of school. It is honestly unbelievable how much can be learned in a few weeks. At first, the process seemed impossible. But, I followed BARBRI's program without deviating. And now, I find myself stating rules in essays with ease. I don't know how I got from A to B, but I did—thanks to following BARBRI's program. My week is pretty hectic. I'm doing 5-6 essays per day for 2 subjects—roughly 10 essays per day. I'm also going over performance tests, and doing multiple choice questions. But, I feel comfortable with my level of knowledge, and I...
#The1Llife: Before the Grind, Get Off the Grid21 Jul 2016 | 7:55 amGUEST BLOG by Jackson Long, Soon to be 1L at SMU, Fall 2016 There has been much discovered about the power of the mind; including a big emphasis on the ability to clear it. Law school will be an adventure that challenges your ability to adapt and to process large amounts of new information. Preparing for a semester (plus five more) of grueling academics is not easy. One way to get ready is to empty your head. Only a few weeks remain before thousands of aspiring lawyers begin their trek. Maybe it's time to take altogether different journey – putting the last moments of your free time to good use. Find your beach – whether that's a lake, a trail, a mountain or… a beach. Go and do something that makes...
#barpreplife: Final Prep15 Jul 2016 | 2:30 pmGUEST BLOG by Harrison Thorne, Graduate of UCLA Law As of today, the Bar is two weeks away. It feels like Bar Prep has been going on forever, but also like it just began. I am honestly blown away at the sheer amount of material we have covered, and how much I have retained. But, also how much more I need to learn! I have found one thing to be true—take things one day at a time, and sometimes, one hour at a time. The amount of memorization seems insurmountable. There is simply too much to know. That said, it is extremely easy to panic when I think about how much more work there is to do, and how little time there is to do it. At the end of the day, though, all I can do is put one foot in front of the...
The Attorney Marketing Center
Opening your own law practice: where do you start?26 Jul 2016 | 10:06 amMany lawyers ask me how to go about opening their own law practice. At the risk of sounding glib and too clever for my own good, my short answer is "you just do". You find a place to park your carcass and see clients and then you go get some. Okay, let's see if we can break this down a bit. I will assume that you don't have a lot of cash, or you don't want to spend it up front, which is a good plan even if you do have a lot of cash. You may be able to do most of your work from home initially, but you will need a place to see clients. So the first step is to find someone who will let you use their conference room or a spare office to do that. You can offer to pay them by the hour or a flat...
Do you go to the office on Saturday?25 Jul 2016 | 10:42 amWhen I was practicing, I would often go to the office on Saturdays. Even if it was only for an hour or two, I was able to get a lot of work done because there were no interruptions or distractions. No ringing phones, no appointments, no secretaries bringing me papers to sign, updating me, or asking questions. Just one block of quiet time and nothing else to do but concentrate on the work. I would dictate letters and pleadings and instructions, review documents and make notes, and chew my way through a big pile of files. The quiet also allowed me to dive deep into problem files I might not want to look at during the week. A few hours on Saturday allowed me to catch up on work that had piled up during the...
It's cheaper to keep a client than to find a new one22 Jul 2016 | 10:20 amBefore you invest another dollar or another minute looking for new clients, do yourself a favor and invest in retaining the ones you already have. It's cheaper. They already know you and trust you. They already know what you do and they've seen you do it. You don't have to go looking for them and woo them. You don't have to do much to get them to hire you again. Make sense? So how do you retain clients? For starters, make sure you don't chase them away. A recent survey revealed that 23% of "customer complaints" are about rudeness or bad attitude. Hey, that's an easy one to fix. Be nice, and if you're already nice, find ways to be nicer. Next on the list: don't ignore them. Clients may...
Would you rather have more clients or higher-paying clients?21 Jul 2016 | 10:39 amYesterday, I did a consultation with a lawyer who has a high-volume/low-fee practice. I asked him, "Would you rather have 50 new $1,000 clients each month or two $25,000 clients?" I wanted him to upgrade his practice towards the higher end of the client spectrum. You have less overhead, less stress, and less work to do to produce the same income. And you don't have to compete with everyone and his brother because there is no competition at the top. I pointed out that he already had a suitable niche market, a certain group of business owners who could provide him with referrals and introductions to other professionals who serve that market. He said he would need to take CLE classes before he could...
How to become a better and faster writer (and why you must)20 Jul 2016 | 9:52 amLawyers write, usually every day. But the writing we do for our work usually leans towards the boring and mundane. We use formulaic language, if not actual templates, and while our writing usually gets the job done, in terms of quality, it's nothing to write home about (pun intended). You may be able to get away with boring writing in much of your work, but you won't get away with it in writing that is intended to bring in that work. Articles, blog posts, presentations, letters to prospective clients and to other professionals we'd like to know must hew to a different standard. It needs to be interesting and compelling and anything but boring. Because if someone isn't required to read something we...
Estate Law Canada
Coming soon - DIY letters of administration kit for Newfoundland and Labrador26 Jul 2016 | 9:26 amThe latest addition to our bookshop is almost ready for purchasing! We are pleased to announce that we have completed putting together a comprehensive kit for anyone in Newfoundland and Labrador who wants to apply to the court to become the administrator of an estate. The kit includes an 82-page print guide, with detailed explanations and instructions for preparing and filing all of the
"Party is on!" Nova Scotia man pens his own inspiring obituary23 Jul 2016 | 6:36 amI didn't know Paul Culligan, but I already miss his sense of humour. Mr. Culligan recently passed away and left behind his own hilarious obituary. Click here to read more in an article from CBC News. The attached photo accompanied the CBC article.
Does the court review wills that were made shortly before the testator died?21 Jul 2016 | 7:34 amA reader recently sent me a note wondering about the legal effect of a will being signed shortly before the testator's death. The answer turned out to be somewhat complex. Below are the reader's question and my comments. "If a will was signed shortly before the deceased passed away, does the court automatically review that, or could it be contestable?" This brief question is going to generate
There's a new tort in town20 Jul 2016 | 7:42 amThe following post was written by Chelsea Kennedy, a criminologist who works with me at Butler Wills and Estates Consulting. Though this post doesn't specifically deal with wills and estates, it has the latest news about a new application of law in Canada that you will find interesting. Read on to see Chelsea's discussion of the dangers of gossip! Just about everyone has gone on a rant about
How can a beneficiary make sure that the executor is disbursing the money according to the will?18 Jul 2016 | 2:10 pmWhenever I work with executors or hold Executor Boot Camp, I always coach the executor to maintain good communication with the beneficiaries. I know that's not always easy, as beneficiaries can be just as obstructive and cranky as anyone else. But when an executor does not provide enough information to the beneficiaries, speculation begins. The beneficiaries find the lack of information
AZ Attorney
Rolling up the week with the sandwich-hot dog wars22 Jul 2016 | 9:05 amWe wrestle with the age-old question: Is a hot dog a sandwich? What a time to be alive. You know that universal rule about food? "Never go to the grocery store when you're hungry." Turns out, the same is true for blog writing. For when I write on the intersection of food and law, I often find myself yearning for the first—and ignoring the second. So on Change of Venue Friday, I raise that age-old and tasty question: What is a sandwich? What is a sandwich? Have I completely lost it? Not at all. In fact, let's open this blog-meal by watching this great Atlantic video, which explains the tax consequences (at least in New York State) that flow from whether a food product is deemed a sandwich: At...
Planning a 2017 Arizona Attorney Magazine, your ideas wanted21 Jul 2016 | 9:30 amStory ideas welcome, everything from the Theory of Relativity to more mundane thoughts. I will not insult you with that old chestnut, "There are no bad ideas." All you need to do is watch a presidential campaign to undermine that tall tale. But as I work on the 2017 Editorial Calendar—our story roadmap—I do want to stress that there are very few truly bad ideas. Feel better? Did I lawyer that enough for you? I'd really like to hear from you—readers or not—about what we should cover in this crazy, mixed-up legal profession. Not sure what I mean? How about:

New things happening in law practice

New niche practices that are growing

Crazy-important topics that legal publications have failed to...

Play by @GrantWoods @TheaterWorksAZ part of attorney's creative drive20 Jul 2016 | 9:30 amFormer Arizona Attorney General Grant Woods has authored a play to be performed this weekend, July 23 and 24. Yesterday, I had coffee with a friend whose life goal is to locate paid work that allows him to do whatever the heck he wants to do. The fact that he is successful at it, and that he is a lawyer, makes me all the more envious. For he has found ways to minimize the daily-grind parts of the legal profession and to maximize the collaborative, business-building, soul-nourishing parts of his career. Well, screw him. Of course, I don't mean that. I really am very happy for him, and for that small subset of others who manage to make their avocation their vocation, who move their most creative work to...
Technologically, love and law are harder than ever19 Jul 2016 | 9:30 amApps do a lot, but have you read their terms of use? This past weekend, when I had a few spare moments, I was perusing the terms of use of my Snapchat account. What, doesn't everyone do that? Probably not. But we occasionally should wonder a little more about the legal side of those app-tastic tools. For instance, I was struck by the open approach at the very top of those terms. In fact, they highlight a binding arbitration provision you may be agreeing to. The ALL-CAPS are theirs: "ARBITRATION NOTICE: WE WANT TO LET YOU KNOW UP FRONT THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND SNAPCHAT AGREE THAT...
Miranda coverage includes the #dtphx streets where the case was born18 Jul 2016 | 9:30 amDowntown Phoenix neighborhood "The Deuce," around Third St and Jefferson, early 1960s. What happened to Miranda? That intriguing question is how attorney Paul Ulrich opens his article on the landmark case that appears in the June Arizona Attorney Magazine. Most everyone in the United States has at least a rudimentary knowledge of the Miranda warning, if not of the case itself. But 50 years on, how deep and long-lasting are the rights associated with Miranda v. Arizona? For in those five decades, multiple court rulings have chipped away at the bedrock of the case. Is Miranda still a powerful case? Or merely an important piece of legal history? Read Paul's article, and let me know what you think. One of the...
Beck's Law
Comey's Volley, Or The Indictment That Wasn't11 Jul 2016 | 11:34 amOne month before FBI Director James Comey announced his recommendation not to indict Hillary Clinton based on her use of a private email server, I tried to assess the prospect of indictment based on analysis of the known facts and applicable statutory provisions. I concluded that because the facts and law presented clear probable cause she had violated subsection 793(f) of the Espionage Act, any colorable argument not to indict would depend on the exercise of prosecutorial discretion. The text of Comey's recommendation — as well as his testimony on Capitol Hill two days later — fully accords with my analysis and conclusion. [Please scroll past Comey's written and videotaped statement below for...
Why Hillary Clinton's Emails Matter: A Legal Analysis6 Jun 2016 | 6:25 amA simple Google search turns up numerous articles on the pending FBI investigation into Hillary Clinton's private email account and server. Reflecting an election season marked by harsh and exaggerated rhetoric, they typically swing between forceful speculation that an indictment is a foregone conclusion to strident argument that the whole affair is a trumped-up red herring. As has become par for the course on the modern American political scene, it is exceedingly difficult to distill reasoned analysis of the issue from impurities wrought by fiery electoral passions. In truth, the whole affair exists in a drab world of black and white and gray — the world of legal analysis populated by statutes,...
JamPAC: A Hack For An Ailing Political System14 Apr 2016 | 2:02 pmhack 2. n. An incredibly good, and perhaps very time-consuming, piece of work that produces exactly what is needed. Definition of "hack," Free On-Line Dictionary Of Computing. "Hacking might be characterized as 'an appropriate application of ingenuity.'" The Meaning of 'Hack,'" The Jargon File. During a time of perhaps unprecedented partisanship in U.S. politics, Americans largely agree on at least one issue. A broad and growing consensus contends that money and its influence pose an existential threat to the democratic process, and this consensus has only strengthened in the midst of a historically rancorous presidential race. In a recent Bloomberg poll, 87% of potential voters agreed...
The Breast Pump That Stumped Trump: Notes From Inside A Media Maelstrom27 Aug 2015 | 10:45 amTwo months ago, I returned home from a summer family road trip to a message from Michael Barbaro, a reporter with the New York Times. He had some questions about a real estate lawsuit my firm had handled. Little did I know at the time, but returning his call would help ignite a media firestorm that catapulted my wife and law partner Elizabeth Beck into the national spotlight, prompted Donald Trump to emerge from his tower lair to slander her on national television with a series of outrageous fabrications, and ended up impacting the most-watched U.S. presidential primary debate in history. It all started four years ago with a simple request to take a prearranged lunch break at a deposition of Mr....
Florida's Medical Necessity Defense, Reconsidered7 Jan 2015 | 8:30 amSurprisingly little has been written on Florida's medical necessity defense, although the Amendment 2 campaign to legalize medical cannabis prompted some renewed discussion of the doctrine. Still, medical necessity remains a barely examined and rarely applied legal concept in Florida. It could gain importance as barriers to cannabis use, both recreational and medical, continue to tumble throughout the country. Florida's medical necessity defense has received scant attention. In the 1991 case of Jenks v. State, 582 So. 2d 676 (Fla. 1st DCA 1991), a Florida appellate court recognized that the common law defense of necessity may permit medical uses of marijuana. The court held that for the...
Law Donut blog feed
Giving references - say it nicely or say nothing at all?12 Jul 2016 | 2:52 amWere you ever told "if you can't say anything nice, then don't say anything at all"? Not a bad rule for a child looking to avoid trouble in the playground, but rather less helpful when it comes to the thorny problem of giving an employee a reference. Your employee certainly isn't going to be happy if you give them a bad reference, especially if that means they end up missing out on the new job they were hoping to get. That could be just the encouragement they need to have another look at whether they can take you to an employment tribunal. So how about "don't say anything at all"? A prospective employer doesn't have to be a genius to guess that your reluctance to give a reference might be covering up...
A rough guide to employment law21 Jun 2016 | 6:36 amLike many employees of a small business, I wear at least two hats;�in my case content management and human resources. With my HR hat firmly in place I recently attended an Acas HR masterclass hoping to pick up a few tips. It turned out that I wasn't alone in juggling more than one job, and I discovered that I knew more than I thought I did about people management and recruitment.�So far, so good. Then came the employment law bit. At that point I braced myself to be the one who didn't know the answer to various situational posers. But you know what? Neither, it seems, did the employers, the employees, the lawyers, the courts or the employment tribunals in the case law examples we were given. Alongside the...
How do I set up a bare trust? It does what it says on the tin20 Jun 2016 | 6:08 amFirst things first, a bare trust has nothing to do with bears. That was my first thought when I was Googling bare trusts after I discovered I, as executor, needed to set one up to fulfil the wishes set out in my Dad's will. How do you even spell 'bare trust'? (I guess I could have checked the will!) If you are in the position of having to set up a trust, it's easy to imagine weighty rolls of parchment and a hoary old solicitor sitting at a desk, quill in hand. In fact, as I discovered, setting up a bare trust is almost ridiculously simple. So simple, in fact, that after a brief consultation with a solicitor, I was told that they very rarely do them any more - she was surprised to even be asked about it. In...
What does the high heels row mean for your business?7 Jun 2016 | 3:42 amThe media storm over the agency worker who was sent home for refusing to wear high heels has highlighted issues with the current discrimination laws. Nicola Thorp, a 27 year-old receptionist, hit the news headlines recently when she was sent home from work for refusing to wear high heels. But is this legal? Thorp was employed by PricewaterhouseCoopers' outsourced reception firm Portico. Upon arriving at work, wearing smart flat shoes, her supervisor informed her that she would need to go and buy heels that were between two and four inches high or else she would be sent home without pay. When she refused, Portico sent her home. Thorp had signed up to Portico's appearance guidelines before accepting the role...
Planning what happens after you die - not just a task for old people!25 May 2016 | 4:07 amUntil you've been in the situation of losing a parent or spouse, you probably haven't given much thought to what happens after someone you are very close to has died. But once the initial shock and grief has subsided, there's a huge amount of clearing up and clearing out that has to be done. Managing the affairs of someone who has passed away, whether you are their executor or not, can be made easier or harder depending on how things were left by the person who has died. Having been through this experience very recently, I have found out the hard way that this is something I don't want to have to put my own children through. Organising your affairs and making preparations for what you want to happen after...
Colorado Construction Litigation
David M. McLain to Speak at the CLM Claims College - School of Construction - Scholarships Available23 Jul 2016 | 12:59 pmI am happy to have been asked to serve as an instructor at this year's CLM�Claims College – School of Construction, to be held at the Marriott Baltimore Waterfront in Baltimore, Maryland on Wednesday, September 7, 2016 through Saturday, September 10, 2016.Overview of the 2016 School of ConstructionConstruction claims present� myriad complexities in claim handling. Construction defect lawsuits are often multi-party cases with cross claims and third-party claims between and among the numerous defendants. Insurance coverage is intertwined and complex due to the interplay of primary, excess, wrap, and additional insurers for the numerous defendants. All this is further complicated by statutes and regulations,...
Colorado Supreme Court Grants the Petition for Writ of Certiorari in Vallagio v. Metropolitan Homes20 Jun 2016 | 8:53 amWe have previously reported on the Vallagio v. Metropolitan Homes�case, in which the Colorado Court of Appeals upheld a provision in an association's declaration of covenants, conditions, and restrictions, which required declarant consent before an arbitration provision could be amended out of the document. �To read the past articles on the case, please review Vallagio v. Metropolitan Homes: The Colorado Court of Appeals' Decision Protecting a Declarant's Right to Arbitration in Construction Defect Cases and The Vallagio HOA Appeals the Decision from the Colorado Court of Appeals. �Today, the Colorado Supreme Court granted the association's petition for writ of certiorari, en banc, on the following...
Dave McLain to Present at an Upcoming Lunch & Learn Event on the State of the State's Construction Industry24 May 2016 | 2:25 pmFor more information about this event or to register to attend, please visit http://junelnl.eventbrite.com.
HOA Coalition Statement on Construction-Defects Transparency Legislation5 May 2016 | 3:40 pmFOR IMMEDIATE RELEASE Contact: Bill Ray / 303-885-1881DENVER—The Homeownership Opportunity Alliance—a broad coalition of business groups, builders, elected officials and affordable housing advocates—provided the following statements on reports that there will be no construction-defects transparency legislation this session:"We are disappointed that negotiations broke down today and that event was immediately turned into an effort to use the media to score political points. The Homeownership Opportunity Alliance has worked on this issue for three years, and we are committed to finding a resolution that will address Colorado's housing needs, especially through the development of attainable...
KF-103 v. American Family Mutual Insurance: Tenth Circuit Upholds the "Complaint Rule"3 May 2016 | 12:20 pmIn Colorado, the "complaint rule" requires insurance carriers to provide a defense to its insured when the allegations contained in the complaint allege any set of facts that may fall within an insurance policy.� Some insurers have pushed back on this rule arguing that it may cause an insurer to exercise its duty to defend although the underlying facts ultimately do not fall within the policy.In KF 103-CV, LLC v. American Family Mutual Insurance Company, 2015 WL 6517782, the Tenth Circuit of the United States Court of Appeals upheld the complaint rule.� In its decision, the Tenth Circuit cited several Colorado state court rulings recognizing the courts' intent to incentivize insurers to defend...
Consumer Rights
Compensation for passengers in case of cancellation or delays – Increase19 Jul 2016 | 10:50 amIn India, it has typically been seen that the airline regulator, DGCA, does not really act in a proactive manner. When there are numerous instances of passenger complaints, and even for many months or even years after that, the regulator really has not been seen to act in a manner that is beneficial to passengers. Even when you consider the case where people complain all the time about flights being delayed or even cancelled, one of the biggest problems that people have issues with is about no information from airlines about delays (there have been cases of people sitting in the plane, and not knowing when the plane will finally take off). Air India is still notorious for this, but even other airlines also...
False report: Medical lab to pay damages6 Jul 2016 | 9:22 amPeople get medical reports done all the time. They may have been advised to get some tests done before some kind of operation or surgery, or they may have some medical condition for which regular testing needs to be done to ensure that everything is fine, or some other kind of reason. And there is another reason that concerned people do testing – before marriage, some more aware people get a blood test to ensure that there is no major medical impediment before getting married. In the concerned case below, this was to check that the people were not afflicted with a combination of a disease that could cause their children to suffer this disease (and this is a fairly simple test, the test results determine...
Realty: Proposed rules to add more teeth to consumer rights30 Jun 2016 | 2:31 amRight now, the realty market in India is fairly unregulated, or where there are rules, they are not exactly enforced. The major rules that are quoted are based on the judgments by consumer forums or courts, which are coming to the protection of consumers who have been struck by the high-handed behavior of builders or sheer arrogant behavior. Some of the complaints that consumers have is about projects not being on time, no proper scheduling if the project has got late, no work happening on stuck projects, number of flats or towers being increased after the project has started (and this has the complicity of local administration officials who approve such plans for a due consideration including cases where...
Doctors operate on wrong leg – procedures not followed23 Jun 2016 | 4:54 amThis is more in the nature of weird news rather than being news about a consumer being affected because of some misbehavior by a service provider. Imagine a patient coming to a hospital with a problem in one leg, having an operation, and then realizing that the entire procedure has been carried out in the other leg. And not just small work, but this was major work, including inserting 2 rods in the leg. The shock felt by the patient and his relatives must be incredible – they went to a better know private hospital, that also charges a large amount for such procedures, and had the correct expectation that things would get better. Instead, with the surgery having been carried out in the wrong leg, not only is...
Airline industry – Regulator starts to impose controls on airlines22 Jun 2016 | 3:23 amOver the last few years, the cancellation charges for domestic airline tickets has gone up. These charges have gone up from Rs. 750 just a few years ago to something much more (I actually saw a Vistara ticket where the cancellation charge was Rs. 4600+, this really blew my mind). The typical cancellation charge is now something like Rs. 2000 plus on almost all airline, and the regulator has been really being supportive of airlines in this regard, letting them increase their charges for the ticket plus also allow airlines to allow charging for many other services (so if you are traveling as a family, you may have to pay for seat charges to ensure that you can select the same seat – and Spicejet has provided...
Accellis Technology Group
Customizing the Quick Access Toolbar21 Jul 2016 | 7:01 amIn the last blog entry, I showed how to customize the Ribbon in Microsoft Office. In this post, I will demonstrate and show you how to customize something call the Quick Access Toolbar (QAT). the QAT gives you quick access to commonly used features such as the Save, Undo, Redo, and Print Preview. The QAT can be in two different locations. One location will be above the Ribbon and the other location will be below the ribbon. If you would like to change the placement of the QAT to be above or below the ribbon, just click on the arrow pointing down and it will give you the option to do so. Once you select where you would like your QAT to be placed, you can start adding items to it! To add the...
A Beginner's Guide to Understanding LEDES (In plain English)15 Jul 2016 | 8:40 amMany lawyers come to us knowing little about LEDES. While LEDES may sound scary and complex, it's really not. The following post provides an overview of the benefits and application of using LEDES in a law office setting. I'm a big sports fan so let's use baseball as an example to understand LEDES. Every baseball team has a person that's in charge of throwing the ball to the batter. We call him the Pitcher. The term "Pitcher" is the standard name we give the person that plays this position. Now, what if the Cleveland Indians called this person the "Thrower?" And what if the Arizona Diamondbacks called this person the "Tosser?" And what if the Chicago Cubs called this person the...
Law Firm Security Seminar Warns of The Dangers of "Shadow IT"8 Jul 2016 | 6:17 amReposted with permission from Akron Legal News. There is at least one in every firm, said Joseph Marquette, president of Accellis Technology Group, a Cleveland-based computer security firm specializing in law firm technology safety. Marquette says it is the attorney or attorneys, usually a senior partner, and even often the partner-in-charge of the office's technology, who thinks that the firm's computer security rules do not apply to him. "Every firm," said Marquette, who described what is essentially low-level anarchy in the inner office workings of law firm technology that is now being called "Shadow IT." Marquette spoke at a recent Cleveland CLE seminar entitled "Securing Your Digital...
Webinar: Effective Strategies for Sharing Legal Documents Securely6 Jul 2016 | 6:17 amJoin us for a free presentation on how to share and collaborate on documents with clients securely and efficiently. Get ready to learn some powerful tips and approaches designed to safeguard your digital files and improve collaboration on legal documents with clients and opposing council. When: Thu, Aug 25, 2016 12:00 PM – 1:00 PM EDT During this webinar, we'll dive into NetDocuments technology and how it enables you to share sensitive client documents w/out exposing them to theft via email. We'll offer practical guidance and strategies for Attorneys, legal professionals, law firm administrators, and NetDocuments users looking to share their documents without exposing their sensitive client...
Legal Aid Providers Uniquely Susceptible To Security Threats30 Jun 2016 | 1:07 pmTake a close look at the client lists for any Legal Aid organization and you'll find a list of clients that covers a broad range of who's who in the business world. Boeing, Microsoft, Schwab and the list goes on. Said no one ever. The truth is that legal aid groups exist to serve those citizens who do not have the access to legal support that those corporations or more affluent individuals might have. The relatively lower economic profile of Legal Aid clients can sometimes lead to a more relaxed data security program. Not so fast says Ricci Dipshan of Legaltech News. "Unlike law firms, civil legal aid providers rarely handle sensitive information from public or wealthy clients. But don't be...
The Litigation Consulting Report
6 Ways to Become a Better Storyteller26 Jul 2016 | 9:28 amby Alex BrownDirector of OperationsA2L Consulting As we have mentioned before in this blog, the art of storytelling is a crucial skill for a trial lawyer. From the very beginning of a trial, many jurors will envision the facts of the case in the form of a story. Our brains are wired to tell stories, to listen to stories, and to remember stories. Storytelling began with the caveman and the campfire and is still the best way to present information to an audience. Think of the difference between these two statements:

I went to the market.

I went to the 7-11 at midnight to buy a Diet Mountain Dew and to play Pokemon Go because I am addicted to that game.

 Statement 1 is just a flat statement. It has...
10 Criteria that Define Great Trial Teams21 Jul 2016 | 10:27 amby Ken LopezFounder/CEOA2L Consulting Several months ago, I wrote about the 50 Characteristics of Top Trial Teams. Based on those 50 characteristics, we have created a trial team assessment tool. Although we've only just begun to collect the data, my hypothesis is that the quality of trial preparation, which this tool attempts to measure, is highly correlated with success at trial. In my experience, only a small minority of trial teams rigorously prepare for trial in a way that would earn them a high score on this tool. In most cases, budgets and/or firm culture simply don't permit the level of preparation that I see in the highest performing trial teams. In our first effort to quantify what makes a...
7 Reasons a Fresh Pair of Eyes Are Beneficial Before Trial29 Jun 2016 | 11:53 amby Ken LopezFounder/CEOA2L Consulting When it comes to making a decision about hiring a litigation consulting firm like A2L to support a trial team, I�notice that many factors are intuitively persuasive to the consumer of such services. With litigation graphics, most trial lawyers understand they benefit from outside help since jurors are mostly visual learners, and visual persuasion experts help bridge the communications gap between the�trial lawyer and the typical American. With jury consulting, most trial teams respond to the notion that an experienced jury consultant has watched thousands of jurors deliberate and can thus offer insights based on that unique experience. Further, it just makes sense to...
My Dear General . . . Lincoln's Communication Skills in War28 Jun 2016 | 1:16 pmby Alex BrownDirector of OperationsA2L Consulting My oldest daughter is a volunteer for our local congressman. At dinner last night she heard some quotes from a current presidential candidate and proceeded to excoriate them. Usually I toss in the old adage "If you can't say something nice, just don't say anything." This time I didn't and instead talked to her about our 16th president. Many of you might know the story of Lincoln's Letter to General Meade. On July 4, 1863, Lincoln realized that Confederate General Robert E. Lee was trapped between the Potomac River and a fast-moving Union Army behind him, and sent an order to General George Meade to move in for the kill and end the war. Instead,...
SPICE Is the Key to Persuasion22 Jun 2016 | 11:12 amby Alex BrownDirector of OperationsA2L Consulting My 11-year-old is addicted to cooking shows – so much so that my DVR is full of episodes of Triple D, Chopped, Good Eats, Cutthroat Kitchen, and Chopped Junior. Last night she was talking about how she loves the idea of spices, but is not a fan because she equates it to spicy food, which she does not enjoy. Then she throws her hands up and says, you know what they say, "Variety is the spice of life." This morning, that statement has been bouncing around in my head and made me think about a book I read in 2011. It was written by Kevin Dutton, Ph.D., and was called Split-Second Persuasion: The Ancient Art & New Science of Changing Minds. Dutton's...
Bill's Blog – Austin Criminal Defense Lawyer
I Can't Say It Better Than This8 Jul 2016 | 7:00 amThe Rev. Dr. Martin Luther King, Jr. went to Gadsden, Ala., in late 1963. King: I hear they are beating you. Audience: Yes, yes. At King: I hear they are cursing you. Audience: Yes, yes. King: I hear they are going into your homes and doing nasty things and beating you. Audience: Yes, yes. King: Some of you have knives, and I ask you to put them up. Some of you have arms, and I ask you to put them up. Get the weapon of nonviolence, the breastplate of righteousness, the armor of truth, and just keep marching. NY Times Books: Martin Luther King Jr.: Leader of Millions in Nonviolent Drive for Racial Justice The post I Can't Say It Better Than This appeared first on Austin Criminal Defense Lawyer.
(Peace Officer's) License to Steal27 Jun 2016 | 5:50 amOn the recent Texas Supreme Court decision in State of Texas v. One (1) 2004 Lincoln Navigator, I have only a few remarks. It is flim and flam. It is hook and crook. It is rip and off. It drags itself out of the abyss of stupidity, laboriously climbs the pole of inexperience, and unfurls a dangerous flag of nonsense. But I grow lyrical. Now, some of the issues here will seem a little technical. But they won't seem so technical when the police illegally search you and start taking your stuff. So stick with me. This is important. Some lawyers, after reading Riley v. California, thought that the United States Supreme Court decided that police officers had to get a warrant before searching the digital...
Failing to Disclose Criminal History to the Board of Nursing13 Apr 2016 | 10:48 amIf you're a nurse reading this blog, your situation probably feels almost like the end of the world. You have worked for years to obtain your nursing license and now you are looking at losing that license that you worked so hard to get. Here's an example. One nurse in West Texas was convicted of issuance of a bad check, failure to appear, public intoxication, and was charged with driving while intoxicated. Following that, the same nurse submitted an online renewal document to the Texas Board of nursing in which she answered "no" to the question: "Have you, within the past 24 months or since your last renewal, for any criminal offense, including those pending appeal: A. Been convicted of a misdemeanor? B....
How To Calculate SWAP Time In Travis County Texas11 Apr 2016 | 3:45 amThis article was updated on April 11, 2016 to contain the most recent information on how to calculate SWAP time in Travis County Texas. Let me start with the basics. "SWAP" stands for "Sheriff's weekend alternative program". It is a great alternative for someone who is willing to resolve his case through jail time, but would prefer to serve that jail time on weekends. That way you keep your job and you don't have to pay probation fees, etc. Calculating SWAP time is easier, and doing SWAP time is harder. There used to be a method of calculating SWAP time that involved manual labor credits, and back time credit, and credit for going to the SWAP orientation. And, when you received manual labor credits, that...
A Client's Moral Courage1 Apr 2016 | 4:22 amI recently received a very kind card from Mary S. which had on the front a Malayan proverb: "One can pay back the loan of gold, but one dies forever in debt to those who are kind." On the inside of this card, she wrote "words are too small to convey the thanks and appreciation for your strength & effort for M____ … Sincerely, Mary." Much of the credit for the outcome in that client's case goes to his moral courage. He was innocent of the offense charged. As many of you may know, merely being innocent does not mean that you will not be arrested, charged, prosecuted, and ultimately convicted or placed on some kind of probation. I would put it this way. Physical courage is rare. When someone displays...
Africa Music Law™
Video: Peter Okoye Announces P-Square is Back After Missing Out on the Historic 'One Africa Music Fest' at New York's Barclays Center25 Jul 2016 | 8:47 amOver the weekend, Africa made history when roughly 15,000 African diasporans congregated at New York's Barclays Center for the One Africa Music Fest. The event was produced and funded by Upfront Personal's Paul Okoye and hosted by Banky W. The featured acts were some of Africa's hottest talents: Wizkid, Davido, Diamond Platnumz, Tiwa Savage, Don Jazzy and more. The event ...
Toke Makinwa Just Had to Steal the Attention from Maje Ayida's Love Child & his Mom with a Kim Kardashian Like Photo25 Jul 2016 | 7:46 amA few months ago, the public became aware that media personality Toke Makinwa filed for divorce from her cheating husband, Maje Ayida. Ayida, who dated Makinwa on and off for twelve years, impregnated an ex-girlfriend, Anita Solomon, during his marriage to Makinwa. Earlier this year, Makinwa filed for divorce and also included Solomon in her petition. For months now, Solomon ...
"For You to be Successful in America, You Need to be American" – M.I Abaga24 Jul 2016 | 11:04 pmM.I Abaga recently sat with Ebuka Obi-Uchendu for an interview in which he discussed his role at Chocolate City as an executive and artist. Abaga discussed his now defunct label Loopy Records, his view of the Nigerian music industry, which he believes has been inflated, NotJustOK's rap list, expansion into South Africa and other African artists, among other things. However, ...
Copyright Infringement: Producer Accuses Emma Nyra of Stealing his Music 'Work Hard,' Singer Threatens to Sue24 Jul 2016 | 9:13 pmAfter a terrible fall out with record label MMMG in which artist Emma Nyra accused her label executive, Ubi Franklin, of physically abusing her, Nyra seemed like she was ready for a new beginning.�She released a remix of her song 'For My Matter,' new promotional pictures, and a new song titled 'Work Hard,' her first single off her upcoming debut ...
AML 082: I Made You "Famous!" – Kanye West, Taylor Swift, Kim Kardashian & California's "Eavesdropping" Laws (PC 632)22 Jul 2016 | 7:13 amThis week, the internet exploded after Kim Kardashian released footage of a recorded conversation between Kanye West and Taylor Swift showing that Swift had approved West's use of her name in his recent song 'Famous.' When West released the audio version 'Famous' in February 2016, Swift publicly distanced herself from the song, said she found the song offensive and misogynistic. ...
Wexler Wallace Law Firm Blog
Is Starbucks' Base Pay Increase Enough to Make a Difference?22 Jul 2016 | 9:20 amIf you've been in a Starbucks recently, you've probably noticed that the atmosphere feels more chaotic than calm. Overworked employees in understaffed stores are scrambling to concoct whichever seasonal Frappuccino has swept the nation as quickly as possible while customers
Roger Ailes and the Secrecy of Arbitration20 Jul 2016 | 9:56 amMandatory arbitration is usually criticized, or defended, from the perspective of the parties involved in the dispute itself but an interesting point has been raised by a recent New York Times article covering Gretchen Carlson's lawsuit against Roger Ailes of
Generic Drug Labeling: FDA Provides Guidance For Label Updates12 Jul 2016 | 1:28 pmJust over five years ago, in June 2011, the U.S. Supreme Court decided PLIVA, Inc. v. Mensing,[1] a case which has served to buffer generic drug makers from failure-to-warn lawsuits. In short, the Court held that federal drug regulations applicable
Can Republican Delegates Be Forced to Vote for Trump?6 Jul 2016 | 7:30 amJust a few short days after Brexit rocked the world, Huffington Post Editor-In-Chief Arianna Huffington coined another term: "Trexit." In an interview with MSNBC, Huffington pleaded with Trump supporters to "Trexit," that is, "end [their] potential union with Trump," and
The Shadowy World of Debt Buyers29 Jun 2016 | 9:43 amRecently, John Oliver of Last Week Tonight did an episode on the debt collection industry. He set up an LLC, named it C.A.R.P. in a hat tip to the eponymous bottom feeder, and purchased $14.9 million in debt from a
Using Project Management Systems in Your Law Firm30 Jun 2016 | 12:29 pmLegal project management systems can be a great way to increase efficiency in your law firm, which leads to more clients and more revenue. Introducing project management strategies to evaluate your practice, identify strengths and weakness, and implement a plan for strategic growth may be one of the best investments you could make in your law firm. But as with any practice management change, you'll have to get buy-in from your staff. Here are 5 tips for presenting legal project management to your staff in order to get the best outcome possible: Guidance Let's face it, even if your staff needs help in becoming more efficient, it doesn't mean that they're completely incompetent – in fact, no one...
High Employee Turnover Could Be Crippling Your Practice13 Jun 2016 | 11:20 amConstantly having to replace employees who quit is a huge drain on your time, money, and patience. Training team members only to have them leave within a year can be painful and demoralizing, and your practice will suffer because of it. Below are some things to think about if you want to keep your employees happy and reduce turnover: Compensation: The Be-All End-All? When asked, most employees say that compensation is the most important factor when staying at job. And it is – but it's not the only factor. Make sure you're paying your employees a decent wage for the type of work they're doing, and compare the wages you pay with what your colleagues pay their employees. If you notice that you're...
PERSONAL: Why I'm getting you ready TWO MONTHS early for Sand Gen Month13 May 2016 | 10:39 amIf you haven't already reserved your spot on my free Sandwich Generation training webinar, happening on May 18th, you'll want to do so now. http://legalmarketingmaven.com/sandwichgenerationwebinar If you weren't aware, July is Sandwich Generation Month. Here's why I want you to get ready for it, RIGHT NOW. I am a card-carrying member of the Sandwich Generation (if there was such a thing!). I have two young adult children, and I've cared for my own aging parents and in-laws until they passed away. I don't even have words to describe the amount of STRESS, overwhelm and financial strain that I experienced during those years. My only saving grace were the many connections that I have with estate...
Staff: Your Most Valuable Law Firm Asset26 Apr 2016 | 11:53 amWhen a lawyer thinks about his or her law firm's most valuable asset, the answer should always be the staff. These are the people that run the office day-to-day, that interact with clients the most, and that are responsible for putting forth the best representation of your law firm possible. That's why it's so important to avoid the typical pitfalls of any business with employees, such as high turnover and the constant cycle of training that accompanies it, employee burnout, and low morale. All of those issues could have a huge detrimental effect on your law firm and your bottom line. Think about it:

Your receptionist is a potential client's first point of contact with your firm. If he or she...

The Joy of Delegating19 Apr 2016 | 11:50 amI happened to pop into a Google Hangout last week to listen to a talk given by Anne McKevitt, a global celebrity and international business coach. You've probably never heard of her before, but here's why you should care. Anne has worked behind the scenes to help grow celeb brands, businesses and initiatives of household names such as former President Bill Clinton, Beyoncé, Jay Z, Gwenneth Paltrow, Harvard University, and on and on. Publically, her fame was more across the pond, as she was affectionately known as "England's Martha Stuart" and spent many years on TV there. Today Anne is a SELF-MADE billionaire (with a B), and recently sold one of her ventures to the tune of $975 Million Dollars....
Idaho Criminal Defense Blog
"Officers threw him to the ground, got on top of him and shot him dead!"7 Jul 2016 | 6:46 amI am packing for the weekend and watching a little TV news this morning, and from that box a witness to a fatal shooting in Louisiana offered this explanation for the dramatic killing of a black man by a police officer there: "Officers threw him to the ground, got on top of him and shot him dead." So it would seem from the video now readily available online. Then this morning's newest shooting – it happened again last night, in St. Paul, Minnesota. You can even get a link to the "live stream" and watch an officer kill another black man. This time the officer had stopped the car he was riding in for a broken tail light. His girlfriend says that Philando Castile told officers he had a concealed weapon and a...
The preliminary hearing – to waive or not to waive, that is the question.2 Jul 2016 | 2:00 pmThe decision whether to waive a preliminary hearing, and give up a review of the probable cause determination, can often be a tough one for clients to make. Every client hopes a win at preliminary hearing means the whole case goes away before it really ever started. Unfortunately, the truth is the State's burden at a preliminary hearing is so low that this is very rarely ever the case. For this reason , a preliminary hearing is waived in many cases; the likelihood of winning is so low that it is not worth the time, effort, money, and sacrificed bargaining position to go through the process. In a recent case we had, one of the primary witnesses against our client became unavailable for trial when she moved...
Twin Prosecutor – "it is the State's conclusion Mr. Holland … did not commit the crime of rape…"1 Jul 2016 | 12:02 pmAfter a fully contested prelim by which the State barely had enough evidence to establish probable cause, and after we found witnesses to contest the basic premise of the State's case against Jack Holland, a weather man for a Twin Falls television station, the State today filed its motion to dismiss. Included within that motion is this proclamation: "As part of its continuing duty to investigate this case, the State has interviewed additional witnesses who have come forward since the preliminary hearing, and thoroughly reviewed their statements and other evidence as it relates to the testimony presented at preliminary hearing. It is the State's conclusion based upon a close analysis of all the facts now...
Adnan Syed Gets A NEW TRIAL – News!30 Jun 2016 | 2:34 pmRemember the first year of Serial – the great podcast that highlighted the conviction of Adnan Syed? For murder? Millions listened weekly as the tale unfolded, leaving me wondering if Adnan was in fact guilty. More importantly – was he proved guilty beyond a reasonable doubt? You can read more about the case and the podcast here, here, and here. In fact, the whole series is likely still up on the internet. But the news today is that Adnan gets a new trial. More later – but for now – check out the NY Times article. A retrial. Imagine how that must feel if you are in prison. And innocent.
Is your lawyer doing enough for you at sentencing?30 Jun 2016 | 2:06 pmStrong sentencing arguments are critical in every case. Every single case. Regardless of how you find yourself in a sentencing hearing – after a conviction by a jury or a judge, or through a plea agreement – your chances at being placed on probation or being locked up will often hinge on your attorney's ability to advocate effectively and convincingly. Earlier this month, a U.S. District Court Judge from New York shocked everyone when he chose to sentence a woman to probation rather than prison after she was convicted of serious federal drug offenses. Judge Frederic Block of the Eastern District of New York based his non-prison sentence on the severe collateral consequences that the defendant faced as...
Class Law Blog
What makes you qualified to be a lawyer26 Jul 2016 | 3:34 amForget the silly idea that tells you that all you need to be a qualified lawyer is a diploma from law school. While an academic degree is something essential to work as a lawyer, there are many things that you will need to become "qualified". Not every graduate from law school is able to interact with a client. Even if it is a house conveyancing service, there is more beyond professional formation. You will need commitment and curiosity. These two traits of personality will give you what you need to become qualified once you get out of law school. The commitment to your new clients and the firm which is employing you will boost your career for sure. This same commitment makes your clients the...
New to Law: Here is What You Should Know31 May 2016 | 6:05 amThere is a lot to learn about law, even if you are not planning to go to law school. Knowing about how the laws and legal institutions work is key to having a peaceful and organized life. Everything around us is attached to some law, which is an interesting fact to know. But before talking about how the law works in our modern society, you should understand the mere basics. Any kind of lawyer, including a conveyancing and property lawyer, can tell you that the law isn't the same thing as justice. We should remember that justice is what is fair for all the citizens in a community. On the other hand, laws are made by men who make mistakes. These mistakes, in many occasions, make the law unfair. That's...
The Critical Role that Law Plays in Everyday Life31 May 2016 | 6:01 amIs unbelievable how people ignore the relevance of law when they have it working right in front of their noses. If you ignore this fact as well, you should start thinking that everything around you is possible thanks to the mechanisms of law. The law is what maintain order, peace, and progression in our society. Without it, the weak would fall into the strong' hands. All the rights and duties people have according to the laws are necessary to maintain a well-balanced organization such as the modern society we know. A conveyancing and property lawyer, which is a highly specialized law professional, can tell you the critical role of law in terms of real estate. What if the authority of law disappear? What...
A New Way to Think about Law31 May 2016 | 5:59 amFortunately, average citizens give great importance to legal institutions these days. There is a common belief that the law is essential to maintain order, peace, and respect among people, which is true. Since the beginning of the early civilizations, the laws has been a powerful tool to guarantee the citizen's safety from aggressors and malicious agents. That's why this concept about rules was so successful and keeps being valid so far. But, with the progress of technology and social media, the law is changing for good. There is a new way to think about law and is more positive than always. Popular movements aim to change how the law works through democratic channels and participation. Simple things...
Weighing the Pros and Cons of Law31 May 2016 | 5:57 amLawyers can give you endless benefits the law brings to the society but only a few will tell you about the cons. As anything in life, the law and legal institutions have pros and cons, being both clear and explicit for most people. It's hard to tell how many people actually can see the picture as it is. This is because the law is a complex matter not everyone understands. But you don't need to be a lawyer to understand these pros and cons. Let's get familiar. – Pros: The law is your friend, no matter what. Take as an example the house conveyancing process, which is something natural while doing business with properties. This is a tool created to benefit all the parties involved. If you have the proper...
Blog – Simmons and Fletcher
Startling New Statistics About Aggressive Driving16 Jul 2016 | 1:40 pmAccording to the AAA Foundation for Traffic Safety, new reports released this week demonstrate that nearly 80% of motor vehicle drivers have expressed significant anger, aggression, or road rage behind the wheel at least once in the past year. The most alarming finding suggests that approximately eight million drivers in the United States have engaged […] The post Startling New Statistics About Aggressive Driving appeared first on Simmons and Fletcher.
Accidents From Failure to Follow Traffic Signs13 Jul 2016 | 7:17 pmLast month, a United States Postal Service delivery truck struck a Wilson County deputy's patrol car. This collision temporarily closed the inside northbound lane of traffic near the entrance to the Brentwood subdivision. The Texas Department of Public Safety charged the driver of the United States Postal Service motor vehicle with failure to obey a […] The post Accidents From Failure to Follow Traffic Signs appeared first on Simmons and Fletcher.
School Bus Accidents3 Jul 2016 | 3:47 pmLast week, the driver of a pickup truck crashed into a school bus in Floresville. While four students and the driver of the school bus suffered only minor scrapes and bruises, this was just one of the many accidents involving school buses that occurred in Texas this year. Earlier in June, several students were injured […] The post School Bus Accidents appeared first on Simmons and Fletcher.
San Antonio Man's Death Signifies Need for Work Safety Improvements28 Jun 2016 | 6:02 pmOn June 15, 2016, a San Antonio man fell 300 feet to his death while working on an eastbound 151 connector. The Occupational Safety and Health Administration is currently conducting research to determine whether the man would have survived if more stringent security methods had been in place. The investigation will focus mainly on determining […] The post San Antonio Man's Death Signifies Need for Work Safety Improvements appeared first on Simmons and Fletcher.
Hot Car Deaths in Texas Summer Heat Have Already Started18 Jun 2016 | 11:19 amAs summer reaches its height, a large number of small children perish inside hot cars. Most recently, in Houston, a 3-year old walked out of his family's home, climbed into the family's car to retrieve a toy, and because the child safety lock was on, could not get out of the vehicle. The family noticed […] The post Hot Car Deaths in Texas Summer Heat Have Already Started appeared first on Simmons and Fletcher.
Strictly Business
The Pros and Cons of Taking Venture Capital Money12 Jul 2016 | 5:00 amIn many ways, the dilemma of deciding whether to take venture capital money from an interested VC firm can be filed under "Good Problems to Have." The majority of startups never get to this point, either failing outright, or, even if they are profitable, they simply never build the type of company profile that fills VC investors' imaginations with visions of high returns. But for those businesses that, through a mix of hard work, innovation, and luck, have reached the point of attracting the attention of VC firms, the decision of whether to take their money is still a hugely important one, and one that comes with high risks and high rewards. Below, I'll cover a few of the primary pros and cons...
5 Questions to Answer As You Prepare Your Startup for a Seed or Angel Round14 Jun 2016 | 7:00 amLast month I wrote about the four stages of startup capital – (1) seed rounds, (2) angel rounds, (3) venture rounds, and (4) bridge/pre-ipo stage rounds. This month we'll take a look at what startups need to do to prepare themselves for a seed or angel round. As discussed in the previous blog, when a company is in the seed or angel rounds, it is likely still figuring out its product or business plan, or, if it has moved beyond that point, it is now in a position where it is either entering into production or into the market. In either event, it is still likely that the company does not have significant revenue. The company is looking for seed or angel investors to fund operations as it moves to scale its...
Title III Crowdfunding Is Here16 May 2016 | 4:00 amTitle III crowdfunding is here! The first funding portals can begin operations today, May 16, 2016. On Friday, I was a guest on the "This Week in Law" Podcast, where I talked about the impact this will have on startups, technology companies, and the people who invest in them. Click on the link below for my discussion.
The Founders' Intro to Raising Startup Capital5 May 2016 | 11:08 amFor many startup founders, what led them into the risky but thrilling world of starting their own company was technology, innovation, the ability to affect the world, and the freedom of being their own boss. Learning the ins and outs of financing, attracting investors, and understanding how to comply with state and federal securities laws is probably not at the top of the list of a startup founder's most favorite things. But, given that the vast majority of startups will rely on outside financing in their early years while they progress in stages of production and expansion, their founders are going to eventually need to do some real-world study in the basics of how raising capital works in order to grow...
Hiring a Programmer? Get an Invention Assignment Agreement25 Apr 2016 | 3:24 pmThis post first appeared in Startup Southerner on March 23, 2016. Founders have a lot to think about when starting a new company, such as finding the right team, developing their strategy and getting the company's legal structure in place. One item that should not be left out is ensuring the company owns the intellectual property to its content, such as software code, written works, and audio/visual material. A key part to this is to ensure that everyone—from founders to independent contractors—working on this content has signed invention assignment agreements. Such agreements are frequently overlooked in the early stages but are critical later when the company is seeking capital from outside...
Arizona Criminal Law & Defense Blog
Is an Extreme DUI the same as an Aggravated DUI in Arizona?21 Jul 2016 | 3:26 pmExtreme DUI vs. Aggravated DUI in ArizonaIn Arizona, being charged with driving under the influence of drugs or alcohol (DUI) is not as simple as one set of charges and penalties. There are a multitude of factors that can lead to felony charges when you are pulled over for a DUI. A DUI in the state of Arizona can be considered "extreme" or "aggravated," beyond just a regular DUI case.Extreme DUI penalties in Arizona are determined according to the severity of the crime, with a DUI rated as a regular misdemeanor, an aggravated DUI or extreme DUI.Some of the possible penalties of a conviction for driving under the influence (DUI) include:

Jail or prison time

Probation or parole

Suspension or revocation...

Charged with DUI in Arizona with Suspended License19 Jul 2016 | 11:59 amDriving under the influence of drugs or alcohol while your license is revoked, canceled, suspended or refused in the state of Arizona is considered an Aggravated DUI charge, as specified in Arizona Revised Statutes, ARS 28-1383(A)(1). There are a multitude of reasons why an individual's license may have been revoked or suspended, including the below:

Driving under the influence (DUI) – ARS 28-1381

Extreme and super extreme DUI – ARS 28-1382

DUI involving serious injury or death – ARS 28-1385

Other reasons, as enough points are incurred against the driver's license

If you are caught driving with a suspended license while under the influence, it is very important that you immediately contact an attorney who...
What You Need to Know About DUI Laws While on Vacation14 Jul 2016 | 10:01 amIf you have a summer vacation planned this year, it's possible that rest, relaxation, and even a few cocktails are part of your itinerary. While you can leave many of your day to day tasks and worries behind, when you're on vacation, it's important to remember that things like DUI and accident laws exist wherever you may go.Drunk driving related accidents occur everyday and are even more prevalent during summer holidays such as Memorial Day, Fourth of July, and Labor Day. The U.S. Department of Transportation reports that millions of Americans get behind the wheel after drinking alcohol and approximately every 2 hours, 3 people are killed in a drunk driving accident. Not only can an alcohol related...
What are the Types of Arizona Felony Classes28 Jun 2016 | 11:07 amFelony Class Types in ArizonaThere are six levels of felony classes in Arizona. Each class has its own guidelines for punishment if convicted. When looking at sentencing, the law presumes that everyone will start at the presumptive sentence however, this sentence can be increased or decreased if mitigating or aggravating factors are found by the Judge or jury. The following sentencing ranges apply to a person with no prior felony convictions.

Class 1 – The only crime that falls under a Class 1 felony is murder. Murder charges are divided into two categories: First or Second Degree. First degree murder is punishable by the death penalty or by life in prison without parole. Second degree murder requires a...

Drugged Driving Can Cause Serious Consequences8 Jun 2016 | 1:40 pmWhen the term "driving under the influence" is heard, the first thing that usually comes to mind is alcohol intoxication. But alcohol is only one of the countless substances that can impair an individual's ability to drive. Driving under the influence of drugs, including prescription medications and illegal substance can cause severe consequences. According to the Substance Abuse and Mental Health Services Administration (SAMHSA), approximately 10 million Americans drive under the influence of drugs each year, making up 18% of fatally injured drivers. Let's examine the top three consequences that drugged driving can cause.InjuriesSimply put, drugged driving puts individuals at higher risk for crashes, often...
Oklahoma Car Accident News Blog
Who Can Be Held Liable for Oklahoma Car Accidents Caused by Defective Auto Parts?5 Jul 2016 | 9:36 amWith busy roads spanning the greater Oklahoma City area, car accidents are a frequent occurrence. Accidents can have many causes including reckless driving, negligence, intoxication, and manufacturer defects. Accidents can result in serious property damage, injury, and death. Because of the inherent risks, the federal government is adamant about making sure our vehicles and our roads are built and maintained as safely as possible. Cars made available to the public have to be tested and proven to be safe for driving American roads. When a law-abiding driver falls victim to an accident caused by a manufacturer defect, they may be eligible for compensation. Designing, building, and distributing safe cars are...
Serious Injuries Caused by Seat Belts27 Jun 2016 | 11:35 amWith more drivers on the road, Oklahoma City has seen an increase in auto accidents. Car accidents incur a massive number of bodily injuries, some of which seat belts have contributed to. When an accident occurs, and the vehicle comes to a sudden and violent stop, a seat belt is often the only means of slowing the momentum of the moving bodies inside. It is a jolting and harsh action to be slowed so suddenly by a seat belt, and people often suffer injuries at the sites where their bodies make contact with the belt. Abrasions on the chest and abdomen of people wearing seat belts are commonly seen in the wake of car accidents. Subcutaneous bruising, or bruising which occurs beneath the skin, as well as...
Common Spinal Cord Injuries Caused by Car Accidents22 Jun 2016 | 11:16 amThe spinal cord is a delicate bundle of nerves that's strung down through the inside of the backbone. It plays a pivotal part in connecting to the brain stem and carrying important messages to different parts of the body. Because of the major role it plays in our daily life, spinal cord injuries can be tragic, painful, and costly. Spinal cord injuries are far from uncommon in the medical world. With roughly 8,000 new cases diagnosed each year; spinal cord injuries make up a serious fraction of the debilitating injuries suffered in America. Most spinal cord injuries occur in young people, and the majority of these injuries are caused by car and motorcycle accidents. As the spinal cord is responsible for...
Who is Responsible in an Accident with a Truck Driver Under the Influence?17 Jun 2016 | 2:59 pmIn Oklahoma in 2015, a truck driver killed four members of a college women's softball team in a vehicle accident. According to records released by the National Transportation Safety Board, the truck driver, Russell Staley, had a history of using synthetic marijuana. Unfortunately, trucking accidents involving drugs or alcohol are not uncommon. All too often, truck drivers get too little sleep and are tempted to use prescription or non-prescription drugs to make up for lost hours of rest. Some of these drugs are illegal. They also impair the driver's ability to drive a large truck safely and can lead to catastrophic accidents. Truck Drivers, Drugs and Alcohol When it comes to impaired driving, The...
Head Injuries Most Commonly Suffered in Oklahoma Car Accidents7 Jun 2016 | 2:57 pmCar accidents are terrifying for everyone involved, and can cause numerous types of injuries. Brain or head injuries, however, can often be the most severe and mysterious. Even in a minor collision, the head and brain are often left exposed, and any driver involved should seek medical attention right away in case of internal bleeding or a concussion. At the time of an accident, a concussion can seem insignificant considering the severity of other injuries typically associated with car accidents, but they shouldn't be taken lightly. They can also be tricky to diagnose, as signs of a concussion are often not noticed until days or even weeks after the event. Traumatic Brain Injuries (TBI) can also occur in a...
Blog – Solnick & Associates, LLC
Summer Increases Risky Behavior in Teens21 Jul 2016 | 6:34 pmNow that school has ended and summertime is in full force, Pennsylvania teenagers are focused on planning fun and taking advantage of the lazy days of summer. With nothing but free time, teens often fill up their schedules with employment and social activities. However, it is vital for parents to revisit even the most basic of safe driving concepts with their teens in order to reduce the risk of potentially serious or even tragic Pennsylvania car accidents. Deadliest 100 Days of the Year AAA refers to the days between Memorial Day and when the kids go back to school "the deadliest 100 days of the year" in terms of car accidents. Many lives are affected by summertime car crashes. In fact, statistics have...
What is the Statute of Limitations for Slip and Fall Accidents?17 Jul 2016 | 8:41 amWhen referencing the statute of limitations, slip and fall lawsuits would generally fall into the category of personal injury lawsuits. This means that in most cases, the statute of limitations is 2 years. However, we provide more details and exceptions below. Remember that regardless of when it happened, you should always contact a skilled Pennsylvania slip and fall attorney who can help you negotiate the intricacies of slip and fall lawsuits. You only pay if you win. Statute of Limitations for Slip and Fall Accidents All types of personal injuries that can be attributed to someone else's fault have a certain time frame that is allowed for bringing lawsuits – the statute of limitations. If an...
Was Tesla Car Autopilot at Fault for Deadly Crash?14 Jul 2016 | 2:05 pmThe National Highway Traffic Safety Administration has opened a preliminary investigation after a fatal crash occurred while using a vehicle's "Autopilot" feature while driving on the Pennsylvania Turnpike. Shortly thereafter, another Tesla Motors Model S has come under scrutiny because of a fatal collision on the Florida Turnpike. A tractor trailer truck drove across a divided highway, in the path of a Tesla Model S that was driving with the high-tech autopilot system engaged. The Tesla passed under the tractor trailer, at the same time, the undercarriage of the trailer hit the windshield of the Tesla. Tesla Motors Say Autopilot Feature is Aid, Not Replacement for Driver Most people would not...
Work Zone Accidents on Pennsylvania Highways11 Jul 2016 | 8:46 amThe lives of workers and motorists on Pennsylvania highways are in danger every day due to road construction and work zones. We have put together these Pennsylvania work zone accident statistics to bring awareness to the risks of construction zones and to encourage Pennsylvania drivers to increase their safety awareness while driving on highways. If you have experienced a car accident that was the result of an unsafe construction zone on a Pennsylvania highway, our skilled car accident lawyers are here to help you. Work zones are potentially treacherous areas because circumstances are constantly changing. Motorists cannot always foresee the changes ahead of them, nor do they always exercise caution at the...
Amtrak Deadly Derailment Could Incur Lawsuits Up to $500 Million11 Jul 2016 | 7:32 amDid you hear about the Amtrak derailment accident that happened at Frankford Junction in May of 2015? The train was traveling at 106 miles per hour, which is more than twice the speed limit, when the engineer slammed on the emergency brakes. The train only slowed slightly before hitting a curve and hurtling off the tracks, killing eight people and injuring more than 200. Now Amtrak is facing personal injury lawsuits filed by the passengers that could cost the company as much as half a billion dollars. New Bill Might Lift Liability Cap U.S. Code §28103 under Title 49, Subtitle V, Part E, Chapter 281 protected rail passenger transportation liability by limiting all claims for one accident to $200 million....
Seattle Personal Injury & Accident Blog
Broken Bone Injuries Commonly Suffered by Seattle Bike Riders25 Jul 2016 | 1:39 pmBicycling is a cost-efficient, environmentally friendly, and healthy way to get where you need to go in Seattle. Though people are encouraged to continue utilizing their bike as a mode of transportation whenever possible, it's also understood that cycling through the streets and alongside motorists comes with its risks. Because of hazardous road conditions and negligent drivers, bike riders often find themselves in dangerous situations that result in injury. Whether a cyclist collides with a vehicle, encounters a pot hole, or another incident occurs that causes them to be thrown from their bike, it's common for broken bones to be suffered. Depending on the circumstances, this kind of personal injury may...
Facial Injuries In A Car Accident21 Jul 2016 | 12:31 pmThe automotive world has been abuzz about what the National Highway Traffic Safety Administration (NHTSA) is calling "the largest recall in American history;" the expanded recall of Takata airbags. The problem, which baffled researchers for months, is that the inflating mechanism can degrade over time, particularly in hot, humid weather. When this happens, the bags deploy, unleashing a hail of shrapnel into the head of the driver and front seat passenger, and causing severe facial injuries and sometimes death. Before it's over, the NHTSA predicts that over 100 million cars will have been recalled. Defective airbags aside, facial injuries to drivers and passengers are a common result of auto accidents. If...
Common Sports Injuries Suffered by Seattle Children18 Jul 2016 | 10:25 amThere may be nothing worse than watching your child have to endure an injury, no matter what kind it is. Numerous Seattle parents go through this every year when their children get hurt while playing their favorite sports. Though some bumps and bruises are to be expected, proper precautions should always be taken to avoid ending up in the emergency room. Whether participating in an organized school or recreational activity, your children should be kept as safe from harm as possible. Unfortunately, the negligent actions of those who are supposed to be protecting youth athletes can result in serious, sometimes even life-altering, injuries. Many of the sports-related injuries that children sustain are found to...
Compensation Available After a Seattle Car Accident13 Jul 2016 | 8:41 amWhen you've been injured in a Seattle car accident, your first priority should be to focus on your recovery. However, that can be difficult to do when you know there are mounting medical bills and little to no money coming in because of time off work. That's when you may start to think about getting compensation for your ordeal. On your own, it can be difficult trying to navigate through your individual health and auto insurance policies, as well as the car insurance of the at-fault driver, to see exactly what's being covered. With the help of a lawyer, this burden can be lifted off your shoulders and you can go back to resting and concentrating on getting well. Additionally, your Seattle car accident...
Top Causes of Seattle Motor Vehicle Lane Change Accidents11 Jul 2016 | 8:22 amImagine you're driving down Interstate 5 through Seattle, and all you want to do is move over a lane or two. You make your move, and suddenly things start happening very quickly. A crash occurs and within seconds, it can have catastrophic effects. So what happened? What went wrong? Improper lane changes are one of the top causes of motor vehicle accidents in the United States. But most people who find themselves in the situation don't know what happened and so, it's impossible to know how to keep it from happening again in the future. The top causes of Seattle motor vehicle lane change accidents include:

Not signalling. You need to let all drivers on the road know when you're going to be moving...

Farah & Farah Legal Blog
Independent Living Foundation Fundraising Campaign Featuring $50,000 Matching Grant from Farah & Farah22 Jul 2016 | 11:48 amThe Independent Living Foundation (ILF) has announced its first fundraiser of 2016, "500 Founders", which is seeking 500 donors of $100 each to match a $50,000 grant from the law firm of Farah & Farah. Proceeds from the fundraiser will go to the Independent Living Resource Center of Northeast Florida (ILRC), whose mission is "to empower all people with a disability to live independent, self-empowered lives." The ILF was founded in 2001 to assist the funding of the ILRC, which provides assistance to the disabled by helping them find employment and providing them with equipment to accommodate their disability (wheelchairs, crutches, walkers, special phones for the hearing impaired, etc.). The ILRC is...
Free Cab Rides for Jacksonville Revelers on 4th of July27 Jun 2016 | 11:27 amLast New Year's Eve, the Jacksonville law offices of Farah & Farah picked up the tab for over 750 cab rides in an attempt to make our city safer. The program was so successful that we've decided to pick up the cab fare for Jacksonville residents celebrating Independence Day next week. Here's how it works. Visit one of the online sign-up methods below, then just fill out the form and get your unique ride code. Once you have the code, call a cab and tell them your exact location. When the cab arrives, give the driver the ride code. The trip and the tip will be on Farah & Farah. Free cab ride codes can be found here:

For Android phones, download the app: Keep Jax Safe for Android

For Apple phones,...

Common Florida Boating Related Injuries24 Jun 2016 | 3:08 pmBoating is a relaxing pastime, especially during the summer months. However, it is essential to be aware of the risks and responsibilities. Knowing your rights and responsibilities as boaters and as passengers will make it safer for you on the water. Florida Boating Accidents Many boating accidents can be prevented by following basic safety precautions. Some of the more avoidable tragedies are those involving not wearing life jackets and not having flotation devices. According to Coast Guard data from 2013, 84% of boating drowning tragedies were related to not have personal flotation devices (PFDs) such as life jackets. Wearing a life jacket doubles your chances of surviving a boating accident. However, it...
Common Signs of Jacksonville Nursing Home Abuse22 Jun 2016 | 3:02 pmSigns of Nursing Home Abuse and Neglect According to the Center for Disease Control, nearly two million Americans live in long-term care facilities. While most nursing homes strive to care for their patients, abuse and neglect against the elderly happens. Knowing your rights or that of a loved one can help you protect against elder abuse. What is Nursing Home Abuse? Nursing home abuse is intentionally inflicting injuries, unreasonable confinement, deprivation of care or services, punishment that results in physical pain, harm, or mental anguish. Abuse is neglect that is defined as a failure, intentional or not, to give patients with the care and services essential to ensure freedom from harm or pain,...
Injuries Caused by Defective Medical Devices20 Jun 2016 | 2:54 pmMedical devices can be useful for improving and saving lives. There are times when medical devices or the misuse of medical devices can result in injuries or deaths. Knowing your rights and responsibilities as a patient can help you recover losses from defective medical devices. Types of Defective Medical Devices There are many types of medical devices with injurious defects. Some of these are cochlear ear implants, breast implants, eye implants, transvaginal meshes, pacemakers, blood clot filters or stents, and artificial joints such as hip replacements and knee implants. Of these devices, metal-on-metal hip replacements have high rates of failure. These have early failure rates that are two to three...
Pennsylvania Family Law Blog - The Law Offices of Sheryl R. Rentz
Attorney Help Through A Pennsylvania Surrogacy5 Jul 2016 | 12:00 pmMaking the decision to pursue surrogacy as a means of having a child can be a great option, especially for couples who have found it difficult to conceive naturally. Surrogacy is where a woman (also known as the surrogate mother) makes an agreement with another person or couple (also known as the intended parent or parents) to carry their child. There are two types of surrogacy: traditional and gestational. Traditional surrogacy involves artificially fertilizing the surrogate's egg with the father's sperm. Gestational surrogacy is where an embryo created from the intended mother's egg and the intended father's sperm is implanted in the surrogate mother. Once the child is born, typically the intended...
The Difference Between Contested and Uncontested Divorce21 Jun 2016 | 4:07 pmIf you are experiencing difficulties or irreconcilable differences with your spouse and you ultimately decide to end your marriage, you can dissolve your marriage through an uncontested or contested divorce. Here are the differences between the two types of divorce. Uncontested Divorce In an uncontested divorce, the couple either (1) does not have assets or children that must be arranged for or (2) has come to an agreement on how to handle assets or children. Uncontested divorces are often more amicable, and the couple is able to agree on how to wrap up their affairs. If the couple has no property or children, there is nothing for them to fight over. The couple simply wants to end their marriage. Likewise,...
What is a Pennsylvania Post-Decree Modification Order?7 Mar 2016 | 3:49 pmIt is possible to change an existing order of the court with a post-decree modification order. Post-decree petitions in Pennsylvania most often involve requests to change a Dissolution of Marriage, Annulment, Legal Separation, or Judgment of Paternity. They can be used to enforce a court order that already exists or to change a court order because of a change in circumstances. There are a number of issues that can be handled with a post-decree motion. These include:

Custody and visitation: It is possible to amend custody and visitation rights through a post-decree motion. However, the court will tend to favor leaving the order as decided. If you want to make a change, you will have to prove that your...

Ardmore Family Law Arbitration Tips23 Feb 2016 | 3:46 pmEven the most contentious of separations can be settled out of court when families choose to go through arbitration. In family arbitration, the spouses appoint an arbitrator who will help make some key determinations. This allows the separation to go quickly and with less conflict. Going to court is expensive, you can't choose your judge, and the private details of your divorce could be made public. In arbitration, you get to choose an arbitrator and your information will remain private. It's advisable to consider going through arbitration if there issues you simply can't resolve. Here are a few tips to reconsider for your family arbitration:

Choose the right person to judge your case. If your case goes to...

How to Handle Investments During a Pennsylvania Divorce2 Feb 2016 | 1:38 pmEvery January, there is a significant spike in marital splits. It is unclear if this increase in the number of divorces is a result of heightened tensions during the holidays, but every year, a substantial number of families fall apart in January. If you are one of the many individuals who are about to go through a divorce, you are probably worried about how your divorce will affect your children, your property and your investments. There are steps you can take during your divorce to protect your long-term financial future. First of all, you should consider this as an opportunity to tweak your retirement strategy. The way you set up your retirement with your spouse may have been too aggressive and risky for...
McDonald Law Firm
McDonald Law Firm clients approve settlement worth $51 million with Chesapeake Energy14 Jul 2016 | 9:21 amMcDonald Law Firm clients approve settlement worth $51 million with Chesapeake Energy David Kent Star-Telegram archives. "We are pleased that the required number of Plaintiffs in the MDL #1 case have accepted the terms of the settlement agreement, officially resolving this matter." Read the full Star-Telegram Article The post McDonald Law Firm clients approve settlement worth $51 million with Chesapeake Energy appeared first on McDonald Law Firm.
Google Earth Releases Devastating Before-and-after Rowlett Tornado Pictures24 Jun 2016 | 7:23 am8000 block of Chesham Drive, Rowlett Google Earth Releases Devastating Before-And-After Rowlett Tornado Pictures Six months after a massive tornado outbreak in North Texas, Google Earth has released new aerial images depicting the aftermath of destruction in the hardest hit areas. On the day after Christmas in 2015, 12 tornadoes ripped through North Texas, flipping vehicles, leveling houses and demolishing businesses. Thirteen people, including an infant, were killed. The bedroom communities of Rowlett, Garland and Sunnyvale, east of Dallas, were hit the hardest. The Insurance Council of Texas estimated that insurance claims from the Rowlett-Garland tornadoes would reach $1.2 billion, making it one...
Chesapeake Energy settles royalty lawsuits for $52.5 million23 May 2016 | 10:00 amChesapeake Energy settles royalty lawsuits for $52.5 million Chesapeake Energy is settling hundreds of lawsuits against it regarding natural gas royalty payments. David Kent Star-Telegram archives "After three weeks of good faith mediation led by a former Federal Judge, the MDL #1 case has been resolved to our satisfaction, though it is subject to our clients' written approval. We are pleased that we have achieved a mutually acceptable global settlement and greatly appreciate the constructive approach taken by Chesapeake's current leadership to resolve this matter." Read the full Star-Telegram Article The post Chesapeake Energy settles royalty lawsuits for $52.5 million appeared first on McDonald...
McDonald Law Firm Evaluating Claims for Talc Lawsuits22 May 2016 | 1:48 pmMcDonald Law Firm is evaluating claims from women who developed ovarian cancer after prolonged use of talcum powder for feminine hygiene to determine if they may be eligible for a talc lawsuit. The Fort Worth-based firm, which has taken on some of the world's largest pharmaceutical and medical device manufacturers, has established a website and is filing lawsuits on behalf of ovarian cancer victims and their families. Over the past 40 years, a slew of studies have linked talcum powder to an increased risk for ovarian cancer. Evidence shows that healthcare conglomerate Johnson & Johnson has long known about the potential risks of its talc-based products ― including Johnson & Johnson Baby Powder and...
Costliest Texas Storms Infographic2 May 2016 | 3:01 pmGet started today. 877-568-8304

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MacGregor & Collins, LLP Law Blog
Should Criminal Defendants Remain Silent?4 Jul 2016 | 6:52 pmOne of the questions often received by criminal defense attorneys is under what circumstances should a criminal defendant or a potential subject of a criminal investigation voluntarily speak to the police? There are circumstances when a potential client comes into a law firm to be interviewed when they are factually innocent of the offense they are accused or suspected of committing. In these cases, there is often no question that the police are barking up the proverbial wrong tree and that the person can very easily remove themselves from suspicion by speaking to the police. These cases, however, are extremely rare and in most instances, if you have been detained, arrested, contacted by the police, or...
The Biggest Benefits of Getting Your Criminal Record Expunged19 Jun 2016 | 12:40 pmPeople are often convicted for mistakes that they made when they were young or not fully aware of the consequences of their actions. But if you have paid your dues to society, those mistakes shouldn't necessarily have to follow you for the rest of your life. Under Penal Code Section 1203.4, California allows those who qualify to withdraw a conviction, enter a plea of not guilty, and have the charges against them completely dismissed. This can be a huge benefit to your life in the following ways:

It allows you to leave your past mistakes behind and focus on your future. You will no longer be bogged down with the limitations placed on you by your past actions. This by far is the biggest benefit of expunging...

Key Facts About Criminal Record Checks23 May 2016 | 1:31 pmCriminal record checks are used by many different government and social entities, and are a useful way to ensure safety and stability for everyone. While they seem pretty self-explanatory, there are some key aspects of a criminal background check that should be reviewed. Read on for some pertinent information regarding how to apply for a criminal record check and fulfill all of the requirements that are involved. These informative guidelines are meant to help you determine how you should apply for a record check and what to do if it comes back negative. What are Criminal Record Checks? Criminal record checks enable employers to screen potential employees before hiring them in their company. A criminal...
Fountain Valley 7-Eleven Robbers Arrested19 May 2016 | 11:10 amTwo men were caught stealing a case of beer at a 7-Eleven on 10950 Warner Ave. in Fountain Valley, California. When the clerk asked them to put the beer back, one of the men threatened him with an 18- inch lug nut wrench. After being threatened, the clerk backed down and the men exited the store and drove away with the case of beer in a white car. The police who were called to the scene of the incident immediately put out a description of the perpetrators' vehicle, which was eventually stopped on Harbor Boulevard. The two men were subsequently identified by the clerk, placed under arrest, and held on $50,000 bonds. This is a classic example of an Estes Robbery which can turn a simple misdemeanor into a...
The Difference between Burglary and Robbery in California18 Apr 2016 | 8:30 amAre you confused about the difference between Robbery and Burglary? Robbery, burglary, theft and stealing are terms that seem to blend together for the general public. The law in California makes a distinction between these crimes, and, if you are facing charges for either, knowing the important differences between the two can help better prepare your defense and best evaluate any potential plea bargains offered by the prosecution. How burglary and robbery differ If you have been accused of burglary, it will have been alleged that you entered a building with the intention of stealing valuable property. The type of building or property is irrelevant (it could be someone's mansion, a suburban house, a...
PA Law Blogs
PA Senate Approves Amendment Affecting Fracking Industry24 Jul 2016 | 12:47 pmThe Pennsylvania Senate recently voted to approve an amendment that would restrict state regulators from implementing some of the regulations set forth in the Marcellus Shale industry known as Chapter 78a, reported StateImpact. In June 2016, Governor Tom Wolf signed a bill scrapping conventional drilling guidelines set forth in another pending drilling regulation-Chapter 78. The fate of Chapter 78a currently rests with the Attorney General's office. The amendment would bar the Department of Environmental Protection (DEP) from requiring drillers to submit waste reports more than the current twice a year standard. The DEP requested monthly waste reports after the Pittsburgh Post-Gazette uncovered large...
What Regulations Prevent PA Amusement Park Accidents?28 Jun 2016 | 4:30 pmIt's summer: time for carnivals, county fairs and amusement parks. However, a day that starts out with thrill seeking fun can end with deadly disaster in the event of an amusement park accident. More than 1,000 amusement park injuries are reported each year, according to a New York Daily News article. The editorial suggests a lack of government regulation makes it difficult to assess the risk of amusement park accidents and prevent ride injuries. Amusement park rides are regulated on a state-by-state basis. Some states have more safety regulation than others. Strict regulations are in place to prevent Pennsylvania amusement park accidents. "Pennsylvania is a leader in ride safety across...
Why Pennsylvania Residents Need a Will9 Jun 2016 | 4:00 amDon't die without a Will: Secure your assets for your intended beneficiaries The April 2016 death of 57-year-old iconic musician Prince was tragic and unexpected. Fans around the world were devastated. An unexpected death can bring more grief upon a family when the loved one leaves behind no will or instructions regarding their assets and debts. Prince did not have a will, as reported by Forbes. His sister, Tyka Nelson, asked the court to be appointed Administrator of the estate. If appointed, Ms. Nelson will be responsible for ensuring all assets are distributed to eligible heirs and any taxes are paid. According to Minnesota law, Ms. Nelson would be the first person in line to receive benefits...
Pennsylvania Divorce Law Eases Process for Abuse Victims12 May 2016 | 4:00 amA New Pennsylvania divorce law designed to make lifer for spousal abuse victims will go into effect next month. This law, unanimously passed by the Pennsylvania house, will alleviate certain obstacles that hinder an abused spouse from leaving an abusive partner who will not easily agree to divorce. When consent is not given by both parties, it can take up to two years for until a court will allow a case to proceed under current Pennsylvania divorce laws, according to JD Supra Business Adviser. Current laws also require couples who intend to divorce to attend a minimum of three mandated counselling sessions, and if both parties do not consent, the abuse can continue to stall until the marriage is...
Adult Survivors Have Right to File Child Sex Abuse Lawsuit2 May 2016 | 2:00 amAccording to the National Center for Victims of Crime , one in five girls and one in 20 boys is a victim of sexual abuse. However, Huffington Post reported that only six to eight percent of these cases are reported, making child sexual abuse one of the most under-reported crimes in the United States. Some victims don't make the decision to come forward until they are well into adulthood. By then, it may be too late for many of them to seek justice against their abuser. However, Pennsylvania new hope has been given to Pennsylvania victims of child sex abuse. The Pennsylvania House of Representatives recently voted 180-15 to extend the statute of limitations for child sex abuse lawsuits. Under the...
IMC Law Group
In Bill, Lawmakers Propose New Limits for Seizing Workers' Pay Over Old Debts – ProPublica14 Jul 2016 | 10:55 amLast week, two lawmakers introduced a bill to put new limits on what debt collectors can take from debtors' paychecks and bank accounts. It is the first legislation to address the issue in decades and follows a series of ProPublica stories about the widespread practice of garnishment. To Find out more about the Bill, click Here
Can a Creditor Levy a Bank Account?5 Jan 2016 | 8:09 amCan a Creditor Levy a Bank Account More Than Once to Satisfy a Debt? A creditor can levy a bank account more than once to satisfy a debt. If a creditor has a judgment against you, the creditor can direct a Court Officer to levy your bank account on multiple occasions, without notice, until a debt is paid in full. Let's back up for a moment and discuss how a creditor can levy your bank account. First, you need to be sued in Superior Court on the defaulted debt. Assuming that you do not defend the debt or enter into a Stipulation of Settlement with the creditor, a judgment will be entered against you. After judgment is entered, the creditor (or their attorney) will send you an Information Subpoena to fill...
12 Things to Know About Your Home Mortgage1 Sep 2015 | 7:33 am1. You can request detailed information about your home mortgage and your mortgage company HAS to give it to you. Check out the Consumer Financial Protection Bureau website. http://www.consumerfinance.gov/ 2. Are you paying additional principal on your mortgage every month in the hopes it is paying down the balance faster? Maybe you shouldn't. Payments are applied in a waterfall: principal, escrow, fees, then the additional principal. Your mortgage company may be charging you extra fees you are not aware of. Then, your principal is not being paid down faster. The money is just going to costs and fees. 3. Was your mortgage just transferred to a new servicer? For example, Seterus was your servicer and now...
Have you stopped making Mortgage Payments?7 Jul 2015 | 9:34 amMortgage Delinquencies are on the rise. Have you stopped making Mortgage Payments? May 2015 saw the largest month-over-month increase in delinquent residential mortgages for any May since 2009 and the largest month-over-month increase for any month since November 2014, according to Black Knight Financial Services' May 2015 Mortgage Monitor released on Monday. Have you stopped paying your mortgage? If so, it is time that you learned about your rights. What mortgage modification programs do you qualify for? How long will it take to foreclose on your home? What is a deed-in-lieu of foreclosure? What is a short sale? What should you do based on your circumstances? Give Jonathan a call to come in for a...
Forgiveness of Tax Debt In Bankruptcy2 Jul 2015 | 4:39 pmForgiveness of Tax Debt In Bankruptcy by: Jonathan Goldsmith Cohen Be sure to visit our Google Plus Page. Did you know that back taxes can be forgiven in a bankruptcy filing? It is absolutely terrific when you can qualify for forgiveness of IRS debt. We do the analysis to determine whether or not your taxes can be discharged in bankruptcy. If they can be discharged, taxes are completely forgiven in a Chapter 7 Bankruptcy or paid back in part based on your income and assets in a Chapter 13 Bankruptcy. Keep in mind that only "unsecured" tax debts can be discharged. In order for a tax lien to be considered "secured", there must be a federal tax lien properly filed and there must be equity to which the...
Broward Injury Lawyer Blog
Janice v. 696 North Robertson – Dance Club Liability for Sex Assault25 Jul 2016 | 5:49 amCriminal assault may not be something businesses desire, but it is something they can anticipate and take reasonable steps to prevent. In cases where businesses do not take reasonable steps to prevent injury, businesses may be liable for damages to victims. One such case was recently seen in California, where an appellate court affirmed a $5.42 million damage award to a woman who was sexually assaulted in a dance club unisex bathroom. The case is Janice H. v. 696 North Robertson LLC, recently weighed by the California Court of Appeal Second Appellate District, Division Three. Plaintiff accused the club of negligent security, negligent hiring and retention and negligent supervision. According to court...
New Rental Car Law On Recalled Vehicles Promises Safer Fleet21 Jul 2016 | 4:15 amWhen people get ready to buy a car, they may spend a great deal of time researching the various safety features and ensuring (if it isn't brand new) that it's checked by a licensed mechanic. But when they rent a vehicle, they may barely give much thought to the vehicle, other than it's size and how accommodating it will be a for a trip. Yet up until very recently, it was perfectly legal for rental car companies to loan out recalled vehicles to unsuspecting customers – without making repairs or warning customers of the danger. That should alarm motorists everywhere, but it's especially troubling here in South Florida, which has a booming rental car industry from tourism. Now consider that there have been...
Stept v. Met Hotell LLC – Woman Sues Hotel for Carjacking Injury in Miami17 Jul 2016 | 1:02 amA woman is suing a luxury hotel owner and valet service in Miami after a violent carjacking that reportedly left her with injuries. Video of the incident shows the victim pulling up to the hotel's valet service with her Lexus sport utility vehicle. An attendant begins unloading her belongings and she steps out of the car. Suddenly, a man who was seen in earlier frames looking on nearby approaches. He calmly gets into the car and sits in the driver's seat. The scene quickly turns chaotic. He violently slams the vehicle into reverse. He knocks over several valets and hotel guests. Plaintiff instinctively reaches out to the door handle, but the suspect jerks forward, forcefully pulling her arm. In all, seven...
Wiederhold v. Domino's Pizza: $10M Verdict in Wrongful Death Lawsuit Holds Franchisor Liable14 Jul 2016 | 9:57 amA Florida jury awarded $10 million to plaintiff in a wrongful death lawsuit against the Domino's Pizza parent company for the negligence of a franchisee employee. The ruling is significant not just for the amount of damages awarded, but for the fact the jury decided the Michigan-based corporation could be held liable for the actions of a person it didn't directly employ. The difference here, according to court records, was the degree of control Domino's reportedly held over its franchises. Usually, companies can be held vicariously liable for the actions of its employees under the doctrine of respondeat superior. But franchisors generally aren't considered the "employers" of those who work for...
Study: 1 in 5 Nursing Home Residents Abused by Other Residents9 Jul 2016 | 9:14 amIt's long been understood by those who work closely with nursing home abuse victims that aggression and attacks by other residents is one of the possible threats. Now, a new study conducted by researchers at Weill Cornell Medicine reveals 1 in every 5 nursing home residents – or 20 percent – report being abused by other residents. The study involved culling information on more than 2,000 nursing home patients. Findings were that more than 400 of them had been involved at least once in some type of abuse involving another resident over the course of the four-week study. Accounting for 45 percent of those cases were verbal taunts. But physical assaults too made up 26 percent of incidents. Plus, it's worth...
Chicago Immigration Lawyer Blog
Chicago Groups Want to Reform the Way Police Interact with Immigrants25 Jul 2016 | 11:12 amAccording to a recent article from the Chicago Reporter, several groups are calling on Mayor Rahm Emanuel to enact reforms in the way Chicago Police are allowed to interact with the undocumented population in Chicago. Right now it is estimated that nearly 7% of the Chicago population is undocumented. That equates to over 180,000 individuals that these reforms would protect. Under current city ordinances and executive orders, it is against city policy for city employees to deny benefits based on the immigration status of an individual. Additionally, city employees are prohibited from inquiring about the immigration status of an individual. Mayor Emanuel also limited how Chicago Police can cooperate with...
Domestic Violence and Immigration Proceedings14 Jul 2016 | 10:47 amDomestic abuse and violence charges and convictions can have very serious consequences when it comes to immigration proceedings. Pleading guilty or being found guilty of a domestic abuse or violence crime automatically makes any non-U.S. citizen deportable. Furthermore, a domestic violence conviction can make you ineligible for an adjustment of status in the United States because domestic violence type crimes have been found by U.S. courts to be a "crime involving moral turpitude." My experience in immigration law has allowed me to work on cases and remove clients from mandatory detention. A recent case I worked on, I was able to remove my client from mandatory detention because the crime they were...
Social Media Section Coming to Certain Immigration Forms?6 Jul 2016 | 9:16 amThe Customs and Border Protection (CBP) agency has introduced a rule that would add a social media section to I-94W and Electronic System for Travel Authorization (ESTA) applications. According to a report from the British Broadcast Channel, the CBP plans to add a section to both applications asking applicants for social media platforms they use and for an account identifier, such as a user name. According to CBP, the social media section would be optional and would be used for vetting purposes and contact information by the agency. A similar proposal was offered in 2014 but later abandoned for Visa applications. The Department of Homeland Security (DHS) has gone back and forth about vetting immigrant...
United States v. Texas27 Jun 2016 | 10:48 amLast week, the United State Supreme Court issued its ruling in the case regarding President Obama's executive actions on immigration. In United States v. Texas, the Supreme Court was split 4 to 4. Because the Supreme Court was unable to come up with a majority, the ruling of the 5th Circuit Court of Appeals is affirmed. The decision, which affects millions of individuals without status in the United States, was just nine words long: "The judgment is affirmed by an equally divided court." As you may recall, the 5th Circuit struck down President Obama's executive actions on immigration last year. That ruling is effectively still in place because the Supreme Court 4-4 split affirms that judgment. This...
Deferred Inspection for Green Card Holders23 Jun 2016 | 8:19 amA growing issue that Legal Permanent Residents are running into comes up when they travel abroad and are returning to the United States. Typically, LPRs will show their Green Card to a Customs and Border Protection agent, answer a few questions, and be allowed back into the country; however, some LPRs are running into trouble. An issue that LPRs may face is that during their time in Customs, an arrest or conviction is being reported, which is grounds for inadmissibility, so the CBP Agent wants to investigate further. Typically, the CBP officer will then schedule the LPR for "deferred inspection." Deferred inspection is a separate appointment that the LPR will have to return to a specified location on a...
The Business Litigation Blog
Types of Damages That Can Be Sought in Legal Malpractice Lawsuits12 Jul 2016 | 5:00 pm
Chicago Celebrity Lawyer Wins Case Against Mexican Billionaire6 Jul 2016 | 5:00 pm
Procrastination Can Lead to Legal Malpractice6 Jul 2016 | 5:00 pm
What is the Statute of Limitations for a Legal Malpractice Claim in Illinois?6 Jul 2016 | 5:00 pm
Lawyers Can Only Take Action With Their Clients' Consent6 Jul 2016 | 5:00 pm
Marketing Attorney Blog
LP Magazine – A Business Development Coaching Clinic: Culture Beats Scheme8 Jul 2016 | 2:12 pmAs National Football League coach Chip Kelly begins his first training camp with the San Francisco 49ers, my column in the July/August 2016 issue of the ABA's Law Practice Magazine, A Business Development Coaching Clinic: Culture Beats Scheme, seems quite timely. Much like many law firm BD coaching efforts, I wonder if Coach Kelly—who I believe is a smart guy, as are many of the attorneys I've coached—will make the necessary adjustments to learn from his past failings (and past successes). Unfortunately for me, his failings came with the Philadelphia Eagles, where I am a season ticket holder, as opposed to the Oregon Ducks, in which I have no personal allegiance. The column looks at the heavy...
Small Firms Look to Attract Middle Class with Flat Rates9 May 2016 | 10:09 amWhen I chatted with The Legal Intelligencer's Lizzy McLellan about Small Firms Look to Attract Middle Class With Flat Rates (TLI, May 6, 2016), she asked me about a law firms' initiative that touted (in a press release) an original and unique attempt to target the middle class through the firm's website. Unfortunately, I may have burst her (and that firms') bubble when I said there was little unique about the website offering and less original about using the Internet to target this massive potential audience. But it did get us talking about how much of a role the Internet has played in providing legal services options to middle-income individuals and families when it comes to estate planning purposes and...
LPT: Client Retention–It's All in the Listening5 May 2016 | 5:02 amPerhaps it is sad to think that customer or client service has gotten so bad of late that highlighting those that do it well should not be necessary, but it is. So many companies send us off to automated web and voice mail systems, force us to chat with folks half way around the globe that can't speak the language too well and are flummoxed when forced off script, or in some cases show they simply don't care. Where I live, Comcast's monopoly means that no matter what happens I'm still a customer. When disgruntled with some experiences on Priceline, I simply took my business elsewhere. And in most cases, law firm clients can choose to do the same. So when the service you receive is particularly personalized,...
DLW: 'Established' Delaware Firms Hold Steady Amid Out-of-State Interest28 Apr 2016 | 4:59 amWhen I started HTMLawyers in 2001, my first significant client turned out to be a fast-growing law firm in Wilmington, Delaware. A colleague in American Bar Association circles, Heather Jefferson, had asked me what I was up to at an Annual Meeting. Her response was that she had the perfect firm for me to work with. She was right. And my relationship with the Delaware legal market was underway. At that time–despite growing up not too far south in Baltimore and attending college and law school an hour north in Philadelphia–I knew little about Delaware outside of visiting my cousin Peter, a Rabbi in Wilmington, and the great value of no sales tax. In the 15-plus years since, I have become well acquainted with...
Law360: How to Manage the Millennial Lawyer22 Apr 2016 | 9:52 amIn today's Law360, reporter Matthew Bultman writes on How to Manage the Millennial Lawyer. This is certainly one of the years' hottest law firm management topics, and my interview with Matthew came on the heels of my panel participation in Bridging the Generational Divide: How Millennials Can Communicate with Baby Boomers and Succeed in the Workplace at the recent ABA Business Law Spring Meeting in Montreal. "Running a major law firm has always had its challenges, but firm leaders in recent years have found themselves facing a new question: how to best manage millennials, a tech-savvy generation that values flexibility and wants meaning in work," writes Bultman. "The truth of stereotypes around millennials...
Dallas Divorce Law Blog
Blog on Recognizing LGBT domestic abuse25 Jul 2016 | 6:00 amRecognizing domestic abuse Today, my blog on Recognizing LGBT domestic abuse was posted on my Gay & Lesbian Family Law in Texas blog. Domestic abuse is not a gay or straight issue. Pop on over there and check it out. Recognizing LGBT domestic abuse by Michelle May O'Neil
Do the 12 divorce myths apply in Texas? (part 2)28 Jun 2016 | 6:00 amThis post is a continuation of the discussion about the 12 Top Divorce Myths. Here's the link to part one: Do the 12 divorce myths apply in Texas? Myth 7: You can avoid paying child support. Child support is a mandatory order in Texas and must be ordered absent extreme circumstances. If you are ordered to pay child support and fail to comply with the order, you can be held in contempt and jailed for up to 6 months. The Office of the Attorney General in Texas undertakes enforcement of child support orders. Myth 8: Children get to pick who they live with. This is my favorite myth of all. Children never get to pick who they live with in Texas. Ever. Ever. Period. When they turn 18 and are addults, they get to...
Do the 12 divorce myths apply in Texas? (part 1)21 Jun 2016 | 6:00 amDo the 12 divorce myths apply in Texas? The Huffington Post ran an article recently about the 12 Top Divorce Myths. The article was written by Daniel Clement, renowned divorce lawyer in New York, and they all hold true in Texas divorces as well. My favorite myth is #8. Read on to learn why. Myth 1: Visitation can be denied if my ex doesn't pay child support. Like in the author's come state, Texas does not tie possession of children with payment of child support. Enforcing a cchild support oblgation is a separate and distinct process from possession of a child. Denial of possession can result in punishment by jail time, jjust as can failure to pay child support. The two issues are not related and trying...
Can I pay my child support in pizza? Creative payment methods of child support not in cash money.15 Jun 2016 | 6:00 amChild support is ordered to be paid by Texas judges in terms of monetary support. In my 25 years of practicing family law, I have never seen a judge approve a court order for payment of child support in some manner other than cash money. But, then I saw this article (Italian court rules divorced chef can pay child support in pizza) that made me think outside-the-box about creative alternatives for payment of child support that will still support the child, yet not involve an exchange of cash. A chef in Italy was ordered to pay about $335 in monthly child support to his ex-wife. But, his business suffered a major financial set back, making cash payments difficult for him. So, he offered the same form of...
5 things you will wish you knew after your divorce8 Jun 2016 | 6:00 amMaking the decision to divorce is one of the hardest, most emotional decisions in a person's life. Dealing with the heartbreak and disappointment that comes along with divorce can be enough to overwhelm the strongest person. Then, dealing with the legal issues of the breakup can push a person beyond where they thought their limit is. One author posted about the 5 things she wished she had known before filing for divorce in HuffPost.

The divorce will take twice as long as you think it will.

 There are many factors that affect the length of time a divorce will take. First, in Texas, a divorce must stay on file for a minimum of 60 days. Usually, only the most agreeable divorces finish in that short time...
Massachusetts Drug Injury Lawyers Blog
Heartburn Drugs Linked to Kidney Disease – Prevacid and Nexium on the List21 Jul 2016 | 9:49 amProton pump inhibitors (PPIs) are often prescribed as treatment for acid-related conditions because of their ability to block the enzyme in the wall of the stomach that makes acid, thereby decreasing the production of acid in the body. Examples of some protein pump inhibitors that are often prescribed are omeprazole (Prilosec and Losec), lansoprazole (Prevacid), pantoprazole (Protonix), esomeprazole (Nexium), and a rapid release form of omeprazole (Zegarid). These medications are used for the prevention and treatment of conditions such as duodenal stomach ulcers, NSAID-associated ulcer, ulcers, heartburn, acid reflux, gastroesophageal reflux disease (GERD) and Zollinger-Ellison syndrome. In 2013, over...
Risperdal, Xarelto, Among Dangerous Drug Lawsuits19 Jul 2016 | 8:42 amWe are fortunate to live in a time when medical technology and pharmaceuticals can save us from injuries and illnesses that would have killed us a half century ago. Medical conditions such as heart disease and diabetes were death sentences in the not-so-distant past. Today, with prescription drugs, and certain diet and lifestyle changes, patients with these conditions can live long, healthy lives. Unfortunately, prescription drugs can also be harmful, even fatal. Most medications have side effects, and some of these side effects can be especially dangerous. When pharmaceutical companies fail to warn about side effects, or neglect to perform proper testing on drugs before marketing them for certain uses, it...
IVC Filter Lawsuits – Device Migration Most Common Problem18 Jul 2016 | 12:13 pm� Inferior vena cava (IVC) filters are blood-filtering devices that are often implanted in people recovering from accidents and surgeries by preventing blood clots from traveling to the lungs. These devices can be temporary or permanent and are inserted into the largest vein in the body where they trap clots. By 2012, about 259,000 IVC filters had been inserted into patients. Doctors typically recommend IVC filters to patients who have recently suffered serious injury or undergone surgery, because they are at an increased risk of blood clots, but cannot take blood thinners. Those who have just had surgery or a serious injury often cannot take blood thinners because they are at a risk of...
Low T Lawsuits – Who Can File One? What Are The Side Effects?12 Jul 2016 | 11:49 amTestosterone is a naturally occurring hormone produced in the human body. This hormone is mainly produced in the testicles of men and is responsible for sperm production, a man's sex drive, and building muscle and bone mass. Testosterone production tends to naturally decrease as men age. As a result, men can experience various symptoms if testosterone levels decrease below a normal range. Low testosterone, also called low T or hypogonadism, can often be mistaken as a natural part of aging. Typical symptoms include low sex drive, difficulty achieving erection, low semen volume, hair loss, fatigue and lack of energy, loss of muscle mass, increase in body fat, decrease in bone mass, and mood...
Risperdal Manufacturer Agrees to Pay $70 Million to Male Patient Who Developed Breasts After Using the Drug6 Jul 2016 | 7:16 amRisperdal is an antipsychotic drug manufactured by Janssen Pharmaceuticals, a subsidiary of Johnson & Johnson. The drug is used to treat bipolar disorder and schizophrenia, among other conditions. Risperdal is also used to treat aggression in some patients with autism. Although it is FDA approved, Risperdal is linked to some serious side effects. In fact, a jury recently awarded $70 million to a boy who experienced physically and emotionally harmful side effects from using the drug. Contact a Boston Drug Injury Lawyer Today. What is Gynecomastia? Risperdal use is associated with gynecomastia, a condition characterized by breast enlargement in male patients. A hormone called prolactin is responsible for milk...
New York Real Estate Lawyers Blog
Pot Luck – Smoking Medical Marijuana in Your Apartment15 Jul 2016 | 7:52 amA recent news story in Bloomberg News discusses the effects of the legalization of medical marijuana, and its effect on smoking bans in apartments. This blog post will discuss the possible effects of such new legal developments on apartments in the New York City area and its surrounding suburbs. Although marijuana use for recreational purposes is not yet legal in New York State (although several other states, such as Colorado, have legalized its use for all purposes), it can be used legally in New York for medical purposes. According to the New York State Department of Health's website, a person with a severe medical condition, such as cancer, HIV, ALS (Lou Gehrig's disease), Parkinson's disease,...
Happy 4th of July from Weiss & Weiss30 Jun 2016 | 11:36 am
House Rentals and their Effect on House Sales in New York23 Jun 2016 | 3:48 amRecent posts on this blog have discussed legal issues relating to house rentals in New York. Many of our clients have second houses, vacation homes, or multiple properties which they rent to tenants. This post will discuss legal issues that arise when an owner seeks to sell a property that is currently being rented to a tenant. The first issue which may arise relates to access to the property in question for potential buyers. We advise that any house lease contain a clause that allows the landlord (and their agents) reasonable access to the property to show it to possible buyers. This will allow the property to be shown to third parties during the tenancy in question. Another issue that will arise...
Waiving the Mortgage Contingency Clause- Should Purchasers in New York Take the Risk?16 Jun 2016 | 4:00 amSellers of real estate in New York perceive the current market as one with a tight inventory for desirable properties. In such a market, multiple offers may be available to a seller. In order to select one offer over another, a seller may demand that the buyer who intends to obtain a mortgage waive the standard mortgage contingency clause in the proposed contract. This post will discuss whether waiving the mortgage contingency is a risk that a buyer should take. In a typical New York real estate contract, various contingencies (conditions) need to be met between signing the contract and closing. Some of the conditions usually include proof of clear title, a satisfactory appraisal , approval of...
Deficiency Judgments in New York Foreclosures7 Jun 2016 | 10:51 amPrevious blog posts have discussed foreclosures in New York State. Many of our clients own either residential or commercial property and may not be able to make their mortgage payments. They may become subject to a foreclosure lawsuit brought in the appropriate Supreme Court, in which the lender seeks to foreclose on its mortgage and take over ownership of the property in question. However, our firm is often asked what happens after the lender takes ownership of the property from the borrower. This is usually done after a public foreclosure sale of the property before a court-appointed Referee. The Referee will then prepare a Referee's Deed, in which ownership of the property is transferred from...
Wisconsin Probate & Estate Planning Blog
What is Essential Estate Planning? A Last Will and Testament? A Revocable Living Trust?18 Jul 2016 | 5:15 amOver half of American adults and approximately 92 percent of adults under the age of 35 have not written a will. Most assume they do not need a will because any assets left behind will automatically be inherited by family members. Although assets may be distributed according to state intestacy laws, the process can be lengthy. With proper estate planning, however, you may be able to avoid placing any additional emotional or financial burden on your family after your death. It is a good idea to create a will once you begin acquiring assets or start a family. In addition to designating how your assets will be distributed upon your death, your will designates an executor who will manage them until they are...
The Legacy You Leave Online7 Jul 2016 | 11:52 amWith the new age of digital everything, comes a new problem that anyone that has social profiles needs to plan for. What will happen to your digital accounts when you die? Here are what some of the major online providers have set up for these circumstances. Google Continue reading
All About Inheritance27 Jun 2016 | 11:51 amFive decades after the Beatles first sang "I don't care too much for money, money can't buy me love." issues of money and love often hit a sour note where inheritance is concerned. The generation that listened to the Fab Five on a record player and the generation that streams videos on their smart phones have vastly different views on whether the distribution of assets to heirs reflects caring or control. While trying to understand whether or not money equals love is subjective and involves individual family dynamics, the impact of inherited wealth is a clearer area to understand. Research by the Williams Group indicates that 70% of wealthy families lose that wealth by the second generation. Even...
What You Need to Know About Estate Planning17 Jun 2016 | 11:51 amIt's one of the most emotional topics to deal with, yet the last thing you want to do is leave your family and loved ones scrambling to make sure they are legally and financially taken care of after you pass. Just over 50% of Americans have a will set up. In many states, this means that when you die, your estate will be decided on by the courts. It could be heavily taxed and distributed among anyone that claims they have a stake to it or be awarded to one party that you may not want to have control of your financial affairs. If planned appropriately, your estate could be a wonderful gift to leave your family. Even if you feel like you don't have enough in assets to warrant a will, you should still consult...
End of Life Health Care: What You Need to Know6 Jun 2016 | 11:50 amAs you begin planning for retirement and doing general estate planning, do not overlook the importance of end of life health care planning. With people living longer than ever before, the reality is that you may not be in a position to communicate what your wishes and desires are for health care as you near the end of your life. It's important that these are set up ahead of time utilizing something like an advanced healthcare directive. An advance health care directive is simply a written document that appoints another person to make health care decisions on your behalf when you are unable to. In many cases, this directive will spell out specific situations and how you want them handled, such as do not...
San Diego Divorce Lawyer Blog
California Court Considers Alleged Change of Circumstances In Request for Child Custody Modification19 Jul 2016 | 12:33 pmThere are state laws applicable to every aspect of a family law case. The California Family Code governs actions for divorce, spousal support, child custody, and many of the attendant issues to be resolved. Courts interpret such laws in light of the facts and evidence presented in each case. For this reason alone, it is important to understand how these myriad legal provisions may affect your family's rights now and in the future. An experienced family law lawyer from the local San Diego area would be able to guide you through the California divorce process as seamlessly as possible. One of the highly regulated areas of family law concerns the physical and legal custody of children. Courts are guided by...
California Court Determines Jurisdiction for Child Custody Dispute12 Jul 2016 | 12:09 pmOne of the lesser-known legal hurdles in a family law case concerns the appropriate jurisdiction within which to bring your claims. Whether it is an action for divorce, child custody, spousal support, or any other related matter, parties must ensure that the court has jurisdiction to hear and decide the case. In considering the question of jurisdiction, courts often look at whether one location is a more "convenient forum" than another. Before couples are able to address the substance of their family law case, they must establish the appropriate jurisdiction. In order to move your case along as efficiently as possible, it's important to contact a local San Diego family law lawyer who would be able to...
California Court Denies Father's Request to Modify Child Support Award5 Jul 2016 | 12:22 pmIn most divorce cases involving children, the family court will order the amount of monthly child support to be paid to the supported spouse. That amount will remain in effect for as long as the court decides, or until one party can show a "change of circumstances" sufficient to modify the order. Under California law, there are no official guidelines governing when circumstances have changed enough to warrant a modification. The determination is typically made on a case-by-case basis and often rests on one's ability to pay or one's financial status. Child support is an extremely important issue in any divorce or separation case. An experienced San Diego family law attorney would be able to analyze...
California Court Upholds Couples' Stipulation in Divorce Action28 Jun 2016 | 12:47 pmParties are encouraged to reach agreement on as many issues as possible in divorce cases. When the couple is able to do this, they tend to be more in control of the ultimate outcome. Furthermore, such an agreement or stipulation typically leads to a shorter, less costly, and more amicable resolution. For the most part, courts look to approve such agreements in order to resolve the case as efficiently as possible. But the stipulation must adhere to applicable legal standards. In order to ensure that any agreement you enter into in divorce protects your rights and will stand up to court approval, you are encouraged to contact a local San Diego family law attorney as soon as possible. A recent California...
California Court Reviews Definition of "Income" under State Guideline for Child Support Calculation21 Jun 2016 | 12:05 pmThe California Family Code devotes an entire section to the regulation of child support. Under the law, a parent's first and principal obligation is to support his or her minor children according to the parent's circumstances and station in life. Therefore, when a couple seeks to separate and divorce, the court will attempt to fashion a child support arrangement that suits the family's circumstances. In order to do so, courts are required to consult and apply the Family Code's Statewide Uniform Guideline. This is a crucial part of a divorce case that will ultimately dictate the parties' financial interests going forward. To protect your family's legal and financial rights, you are strongly...
Cruise Ship Accident Lawyer Blog
The Occurrence of Sexual Assaults on Cruise Ships15 Jul 2016 | 8:20 pmThough they do not often make the news, crimes on cruise ships do happen. Sometimes said crimes are serious and life-altering, such as sexual assault. Sexual assaults are, unfortunately, not uncommon aboard cruise ships. Recently, 25-year-old Karen Seechurn pleaded guilty to unlawfully entering the cruise ship cabin of a sleeping passenger and sexually assaulting her. In brief, Seechurn entered the victim's cabin, groped her and threatened to burn the ship down if she told anyone of the incident. The cruise ship was reported as the Royal Caribbean's Quantum of the Seas. Again, sexual assaults aboard cruise ships are not uncommon. In 2014, alone, three of the leading cruise lines, Royal Caribbean,...
Eight Year old Child Medevaced from Royal Caribbean Cruise Anthem of the Seas; Other passengers seriously injured in accidents on board too11 Jul 2016 | 11:06 amOver the Juy 4th weekend, it was reported that multiple passengers were seriously injured on the Royal Caribbean's Anthem of the Seas. The most serious incidents includes a report that an 8 year old child drowned in the ship pool. In addition, several other passengers reported orthopedic injuries and possibly broken bones due to slip, trip and fall hazards on the Anthem as well. One passenger has already contacted the cruise ship injury lawyers at Gerson and Schwartz, PA to discuss potential clams she may have against this cruise line for their negligence. Under federal maritime law, cruise line operators are required to provide reasonable care under the circumstances. What reasonable care means however,...
Cruise Ship Swimming Pools and the Possibility of Harm8 Jul 2016 | 7:57 pmAre you contemplating embarking on a cruise ship vacation? Be aware that accidents on cruise ships seem to happen with regularity. Often times the accident may be life threatening or even fatal. A common type of accident on cruise ships is drowning. Even though this is a common tragedy, cruise ships fail to hire lifeguards to monitor cruise ship swimming areas. As a matter of fact, the only cruise line that hires lifeguards is the Disney Cruise line. Just recently, a 4-year-old child almost drowned in a cruise ship wave pool. He was a passenger of the Royal Caribbean's Oasis of the Seas. The cruise ship had just departed from Port Everglades, when unbeknownst to his mother, the boy entered...
Attack on a Cruise Ship1 Jul 2016 | 9:22 amPerhaps contrary to popular belief, criminal acts run rampant on cruise ships. This in large part is due to the extreme lack of security personnel. For instance, and unfortunately, cruises do not have law enforcement officers on board. However, cruise lines do employ their own security personnel. These security personnel are trained to maintain the safety on cruise ships and to protect evidence of a crime. Even with these special security figures, crime remains commonplace on cruises. Recently, on the Royal Caribbean Independence of the Seas cruise ship, Jason Lawson, 32 years of age, was charged for an attack on a 13-year-old boy. Lawson's 13-year-old daughter also attended the cruise ship...
Rights and Protections for Sexual Assault Victims on Cruise Ships24 Jun 2016 | 9:14 amSexual assaults often occur during cruise ship voyages. Just recently, the Royal Bahamas Police Force took a United States citizen into police custody in connection with an alleged sexual assault incident. Both the suspect and the victim were passengers of a cruise ship. This incident was reported shortly after 9:00 a.m. when the female victim informed Bahamian police that she was sexually assaulted. The suspect was arrested and taken into police custody. Given that these crimes are not rare, it is important that victims have certain rights and protections on board cruise ships for when they are, or may have been, victimized. This article will touch on the victim rights expounded in the Cruise Vessel...
The EmpLAWyerologist Firm
The EEOC Says Workplace Harassment Training Doesn't Matter? Not Exactly…21 Jul 2016 | 4:00 amWorkplace harassment persists. That's really not news. Our discussion last week of Gretchen Carlson's lawsuit against Fox News CEO Roger Ailes, made that point clear. (Click here if you missed that post.) The EEOC, in its recently released study on workplace harassment, presented a startling piece of information: Training as a prevention tool does not seem to have made an impact. No, the EEOC is not telling you that you can stop providing anti-harassment training. But if training is not shown to have made a dent in workplace harassment, wouldn't employers' efforts be better spent elswhere? To that I would say, "Hold up there, you don't have the whole story." So now, of course, I will give you the rest of...
What We Can Learn from Gretchen Carlson and Fox News14 Jul 2016 | 4:00 amWhether they want to report it or not, one piece of news is spreading rapidly: Gretchen Carlson, a former host at Fox News (and, yes, a former Miss America) has sued Fox News CEO Roger Ailes for sexual harassment and retaliation. Let me say this at the outset: I am not going to try to evaluate who has the stronger case, or who I do or do not believe. We have for that–unless the case settles. "OK", you might be wondering, "what's your point then?" Here it is: even this early on in the case, all of us, employers and employees alike, can learn a lot from this situation. Let's do that– after the jump… (image from freepressjournal.in) To learn from this story, we at least need the nutshell version. Here it...
SCOTUS Says Service Advisors Are Not "Not Exempt" from Overtime – At Least Not Yet7 Jul 2016 | 4:00 amThe Department of Labor's new overtime rules go into effect at the end of the year. Naturally, we're all concerned about who now will or will not be exempt from overtime rules. Will more employees be claiming overtime pay? Will employers have to start shelling out more money to employees? If so, how much? The new rules deal with what have been known as "white-collar" exemptions. There are, however, a host of other exemptions, that, while not as common, still impact a number of employers. One of them, service advisors, was the subject of a US Supreme Court decision about two weeks ago. Are they exempt from overtime? Well, according to the US Supreme Court they're not not exempt. What does that mean?...
Offering an Employee Wellness Plan? How to Steer Clear of GINA and Keep it in the Family30 Jun 2016 | 4:00 amThis week we are witnessing the return of our friend GINA–that not-so-well-understood law that prohibits genetic discrimination in employment and insurance practices. We are right in the middle of talking about Employee Wellness Plans and how even employers with the best of intentions can offer plans that violate the Genetic Information Nondiscrimination Act. Click here if you missed last week's post. Click here and here for a general review on GINA and employment discrimination. Anywho, I promised you that we would talk about what incentives you could offer your employees –and, more relevant for GINA purposes their spouses– to participate in such a program without causing GINA to rear its (not her)...
Who's GINA and Why Does She Care About Your Employee Wellness Plan?23 Jun 2016 | 4:00 amDo you offer your employees a wellness plan? If so did you know that it has to comply with GINA requirements? Wait who is GINA? Do we know her? Should we? In this case, GINA is not a who but a what. We are not talking about your next door neighbor, best friend, cousin, or co-worker. GINA is the Genetic Information Nondiscrimination Act. It prohibits discrimination in insurance and employment based on genetic information. So how do you make sure your wellness program complies with GINA? Read on after the jump… (image from wakeupwellnesstoday.com) My previous two posts discussed the EEOC's new rules on employer wellness programs under the ADA. (Click here and here for review.) The EEOC enforces Title...
The Federal Criminal Appeals Blog
Supervised Release and Linguistics– trial court's erroneous revocation of supervised release and imposition of a term of incarceration is vacated for lack of jurisdiction: United States v. Marsh, _ F.3d _ (D.C. Circuit, No. 12-3096, July 19, 2016)19 Jul 2016 | 2:15 pmA unanimous panel of the D.C. Circuit (Tatel, Srinivasan and Pillard, JJ), found error and vacated for lack of jurisdiction a 36- month term of imprisonment imposed on an appellants who had violated his conditions of supervised release by committing another felony offense. One would hope that Brian Marsh, who had completed his 63-month sentence for drug dealing and was on a four year term of supervised release, would have stayed out of trouble. Alas, that was not to be: nine months before his supervised release was to end, Mr. Marsh was indicted, arrested, and detained for new trafficking offenses. He pled guilty to those charges and was sentenced – in both instances after his original term of supervised...
Sentencing and Plain Error – trial court's erroneous reliance on conduct pre-dating entry to conspiracy calls for vacation of lengthy sentence: United States v. Burnett, _ F.3d _ (D.C. Circuit, No. 13-3075, July 8, 2016)10 Jul 2016 | 9:09 amA unanimous panel of the D.C. Circuit (Kavanaugh, Srinivasan and Pillard, JJ), found error and vacated a 12 year and seven month sentence imposed on one of several appellants who were found guilty of a 21 U.S.C. § 846 heroin trafficking offense. After rejecting several merits-based arguments, including a thorough discussion of Rule 404b), F. R. EVID., standards, the Court of Appeals examined the three appellants' sentencing claims. One of those issues struck home: the contention raised by Appellant Burnett that the Trial Judge had mistakenly based the sentence in part on drug distributions that occurred before Burnett joined the conspiracy. Writing for the panel, Circuit Judge Kavanaugh explained that...
Lay Opinion Testimony– D.C. Circuit reverses conviction for trial judge's allowing admission of FBI agent's lay opinion testimony "interpreting" intercepted communications: United States v. Henry Williams, _ F.3d _ (D.C. Circuit, No. 13-3019, July 8, 2016).10 Jul 2016 | 8:01 amThe D.C. Circuit, in an exhaustive opinion discussing the federal wiretap laws and other issues frequently encountered in narcotics prosecutions, reversed one appellant's conviction because an FBI agent who testified as a "two-hatted expert," offering expert and lay opinion testimony, was erroneously allowed to offer his lay opinion as to the meaning of otherwise ambiguous or innocent-sounding phrases overheard in intercepted communications in which that appellant had spoken with various alleged co-conspirators. In United States v. Henry Williams, the Government prosecuted several individuals for engaging in a cocaine trafficking conspiracy. Among other issues, Williams argued on appeal that the trial...
Crossing some lines and "tiptoeing near" others: Three Third Circuit reversals30 Jun 2016 | 5:49 amIn April, May and June the Third Circuit vacated convictions in three cases. The first, United States v. Lopez, addresses prosecutorial misconduct (Doyle error); the second, United States v. Vasquez-Algarin, addresses law enforcement misconduct (Fourth Amendment/forced entry); the third, United States v. Dennis, addresses trial court error (failure to give an entrapment instruction) in the larger context of reverse-sting stash house operations. Each opinion touches on policy concerns raised by the legal issues; the majority and Judge Ambro's concurrence in Dennis are particularly worth reading for anyone litigating stash house cases. The three cases were decided by three non-overlapping panels of...
Manager-Leader– D.C. Circuit vacates enhancement for trial judge's failure to make adequate findings: United States v. Martinez-Vega, _ F.3d _ (D.C. Circuit, No. 10-3083, June 24, 2016).26 Jun 2016 | 3:24 pmManager-Leader– D.C. Circuit vacates enhancement for trial judge's failure to make adequate findings: United States v. Martinez-Vega, _ F.3d _ (D.C. Circuit, No. 10-3083, June 24, 2016). The D.C. Circuit, in affirming the convictions of two alleged members of the Fuerzas Armadas Revolucionarias de Colombia ("FARC") paramilitary organizations vacated the sentence handed out to one appellant. In United States v. Martinez-Vega, the district court had increased Martinez Vega's base offense level by three points for being a "manager or supervisor" in the narcotics conspiracy. Martinez Vega argued on appeal that the trial judge's findings fell far short of what was necessary to demonstrate that he...
Frankowski Firm
Dez Bryant Sues Former Advisor21 Jul 2016 | 2:51 pmNFL star and Dallas Cowboy wide receiver Dez Bryant is suing his former advisor, Royce West. West is currently a Texas state senator. The suit claims that West breached his "professional and fiduciary duty." West filed suit against Bryant last month, seeking financial compensation for damages Bryant allegedly caused to a house he rented. Bryant's counterclaim states that West used Bryant's fame and success to "improperly line his own pockets and those of his business associates." West was formerly Bryant's attorney and advised Bryant on legal, financial, and business matters. Bryant claims that West used this position to suggest his friend David Wells to be Bryant's financial manager. Wells...
FINRA Bars Broker Bernard McGee20 Jul 2016 | 12:22 pmFINRA barred broker Bernard McGee and ordered him to pay about $250,000 in penalties for fraudulent annuity recommendations he made to an elderly customer. According to FINRA, he surrendered four variable annuity policies owned by the 71 year old customer valued at roughly $500,000 and used the money to purchase a charitable gift annuity from a company that was later discovered to be a fraud. McGee allegedly made material misrepresentations to persuade the client to surrender the variable annuities, which made up approximately fifty percent of her net worth, and buy the charitable gift annuity by misrepresenting to her that she was facing a large tax liability, which the new annuity would...
FINRA Elects John Brennan As New Chairman18 Jul 2016 | 10:47 amThe FINRA Board of Governors elected John Brennan as its new chairman last week. Brennan, an ex-chief executive and currently chairman emeritus and senior adviser at Vanguard Group, will start his new role on August 15. Robert W. Cook, an ex-division director at the SEC, will start as chief executive of FINRA around the same time. The moves come as the result of Rich G. Ketchum retiring this summer as chairman and chief executive of the regulatory authority. At the FINRA annual conference in May, Brennan was questioned by investor advocates about whether FINRA can effectively police brokers. He called industry oversight "fabulous." "The idea that self-regulation doesn't work is specious in...
Welliver Pleads Guilty To Securities Fraud15 Jul 2016 | 1:08 pmDavid Blaine Welliver, whose career as a financial advisor began in the early 1990s with a $400 classified ad promoting his one-man office, ended that career by recently pleading guilty to a charge of securities fraud in a St. Paul, Minnesota federal courtroom. He is looking at up to five years in prison. The former advisor is the great-grandson of Val J. Rothschild, who co-founded St. Paul's oldest mortgage banking and real estate sales company over 130 years ago. Welliver's career issues started many years ago when he was promoted at Technimar Industries Inc. of Houston. The company wanted to build a $35 million plant outside of Grand Rapids, Minnesota to produce a composite building product called...
SEC Fines Firm $300K For Failing To Disclose Fees14 Jul 2016 | 2:33 pmThe SEC fined RiverFront Investment Group of Richmond, Virginia $300,000 for charging clients additional fees beyond their wrap program for investment management. The firm agreed to the penalty without admitting or denying the allegations. The Commission censured the firm as well. This case was the result of the SEC prioritizing wrap account examinations previously this year. It is investigating whether advisers are acting in the best interests of their clients in these increasingly popular products. The SEC accused RiverFront of failing to disclose to investors the frequency with which it would trade in their accounts through a broker-dealer who was not the wrap program sponsor, which created...
South Florida Criminal Attorneys Blog
Second Convicted Inmate Scheduled for Release in Massive Health Care Fraud26 Jul 2016 | 4:19 amFollowing up on an article posted here last September, the second of five defendants who was convicted of bribery charges that stemmed from a fraud that amounted to millions in duplicitous Medicaid and food stamps payments will be released from a Residential Reentry Management (RRM) field office, a halfway house operated by the Federal Bureau of Prisons in Miami. Alejandro Lomoso was the last to be sentenced earlier this year and was given the second lightest punishment of the five defendants involved in the fraud by a Federal Judge. He is scheduled to be released from the facility on Sept. 6. His release will be followed by six months of house arrest with electronic monitoring. Lomoso a former Social...
First of Six Arrested under New Human Trafficking Laws Convicted28 Jun 2016 | 11:18 amIn 2014, new laws regarding the crime of human trafficking were passed by the Florida legislature and signed into law by Governor Rick Scott. The criminal aspect of these new laws were tested for the first time earlier last month (May 2016) in a case involving a West Park man accused of operating a prostitution and drug ring. It took a jury a little more than one hour to convict Gerard Nelson of the crime based on the framework of the "up until now" untested law. Continue reading →
South Florida Synthetic Drug Importation Trial Finally Ends with a Conviction10 May 2016 | 3:46 amA one-time law student was convicted of conspiracy to import and possess with intent to distribute a controlled substance in association with the role he played in a drug ring that used the Internet to order synthetic chemicals from China and have them transported to a location in Miami under the control of he and his co-conspirators. This was the first conviction attained by the government after starting the year 2016 with a 0-3 result for similar illegal importation cases that went to a federal jury. In this particular case, Mario Melton used his family's freight forwarding company Transfreight International to ship large amounts of MDMA (Molly) into the country. It was the government's second attempt at...
Miramar Men Report Home Invasion; Arrested for $100 Million ID Theft Fraud18 Apr 2016 | 1:49 pmMany people are arrested by police when suspicions are raised in cases when they're pulled over for simple traffic stops. This also frequently happens when law enforcement is given access to people's homes for indeterminate reasons, such as a 911 call for a domestic argument that wasn't actually serious and may have even been resolved before police arrived. For example, if a police officer notices a pouch of what appears to be marijuana with a box of rolling paper in plain view, they can possibly make an arrest, even though they were called to the scene for a totally different purpose. But in many cases, when police notice items that cause them to assume that a more substantial crime may be involved...
South Floridian Residents Charged in Phishing Scams21 Mar 2016 | 1:01 pmRecently on my Website, I've been focusing on the topic of identity theft since tax season is fast approaching and the rise in these types of cases increases dramatically this time of year. Most people submit their tax information to the IRS before the April 15 deadline hoping to receive their refund checks as early as possible. But in many cases, others are already spending that expected money as people continually check their mailboxes for the check they assume to receive from the Department of the Treasury. Continue reading →
Blog – Darlingtons Solicitors
Landlords – Caution there is a tripping hazard!25 Jul 2016 | 3:11 amProperty ownership today is increasingly complex with multiple layers. It is quite common for there to at least be a ; freeholder, long leaseholder and a tenant (usually letting on an assured shorthold tenancy basis or periodic tenancy).Quite often there is a shroud of uncertainty over who has responsibility for repairing a defect on the exterior of the building when a flat is tenanted. This issue often comes to the fore where tenancies are concerned when an event directly affecting the tenant (usually on an AST basis) takes place, such as if the tenant has gotten injured at somepoint in or around the property.This is exactly what happened in the recently decided case of Edwards v Kumarasamy [2016] UKSC...
Unlawful immigration detention – case study25 Jul 2016 | 3:08 amMy client had entered the United Kingdom in 1996 with entry clearance to join his father who had been granted leave to remain in the United Kingdom as a refugee. My client was granted indefinite leave to remain in the United Kingdom in March 2000.The Defendant made a decision to make a deportation order against the Claimant on 18 April 2007 under section 3(5) of the Immigration Act 1971.The Claimant successfully appealed against that decision and his appeal was allowed by the Asylum and Immigration Tribunal (as it then was) in a determination promulgated on 22 November 2007 on the grounds that the decision breached the United Kingdom's obligations under the Refugee Convention, Article 3 and 8 of the...
Once I was (getting on for) seven years old – The Third Parties (Rights Against Insurers) Act 2010 is finally here18 Jul 2016 | 3:20 amYes there will be plenty of excitement surrounding the announcement that on 1 August 2016 The Third Parties (Rights Against Insurers) Act 2010 ("the 2010 Act ") will now come into force.What does this change?As things stand making a claim against the insurer of an insolvent entity is somewhat of a nightmare under the existing Third Parties (Rights against Insurers Act) 1930.Any potential claimant has to go through the elongated and sometimes expensive process of restoring the defendant company (if it is a company) before being able to make any claim against its insurer. They then had to issue a claim against the insolvent entity and that claim then had to be transferred to the insolvent entity's...
Insolvency : A brief case study18 Jul 2016 | 2:48 amABC Suppliers Ltd -v- XYZ Traders LtdA thriving business in a dispute with a supplier has been threatened with commencement of winding up proceedings.Factual Scenario ABC Suppliers Ltd (ABC), a confectionary supplier, issued a letter before action to our client, XYZ Traders Ltd (XYZ), threatening that if unpaid invoices in the sum of £50,000 were not settled within 14 days then a winding up petition would be issued.XYZ disputed that it was liable to ABC on the basis that the goods supplied were not fit for purpose and as a result no further sums were owed.XYZ instructed Darlingtons to prevent ABC from presenting a petition to wind up the company. Correspondence between Darlingtons and ABC's solicitors...
What does EU law say about inheritance rights?18 Jul 2016 | 1:41 amIn August 2015 new succession rules known as Brussels IV came into force in the EU with the aim of harmonising succession rules across the EU.Prior to this, each European country had its own rules governing which law would apply to the succession of a deceased's estate. Some countries looked to residence, others to nationality and yet others, including the UK, looked to domicile (and still does). With the growth of European travel due to cheap flights and the increasing number of individuals with holiday homes in continental Europe, the situation after their death can quickly become complex with several jurisdictions involved and overlapping and conflicting rules of inheritance.The main issue is that many...
Palo Alto Estate Planning Blog
When One Parent Stays Home – Consent for International Travel with Minor Children19 Jul 2016 | 5:04 pmIt's summer and families are on the move. Some of them are crossing borders. And it turns out that in this day and age, in addition to passports, tablets, and endless patience, parents also need to consider whether or not they'll need a permission letter as well. If you are traveling internationally with minor children and are either doing it solo, or are not the child's parents, be prepared to be asked for a document showing that you have permission to do so. A Minor Travel Consent Form has become an increasingly necessary document. Here's how the US Customs & Border Protection Service puts it on their website: "Due to the increasing incidents of child abductions in disputed custody cases and as...
Prince's Sister Claims He Had No Will4 May 2016 | 6:09 pmLast week, the New York Times reported that Prince's sister filed a Petition in probate court in Minnesota that stated that no Will had been found for Prince's estate. The Petition asked the court to appoint a regional bank as the administrator of Prince's estate, and listed five half siblings as Prince's heirs, in addition to the sister filing the Petition. This Petition is only the start of what's likely to be a protracted process of sorting out what Prince left behind and how best to distribute his assets. Reportedly, in addition to his financial investments, he left behind ownership of his publishing catalog in addition to archival recordings, and real property worth millions. Since his death, the...
California's End of Life Option Act Will Be Effective June 9, 201626 Mar 2016 | 7:20 pmOn October 5, 2015, Governor Brown signed the End of Life Option Act into law. The law requires that two doctors determine that a patient has six months or less to live before the lethal drugs can be prescribed. Patients also must be mentally competent to make medical decisions and be able to swallow the medication themselves and must affirm in writing, 48 hours before taking the medication, that they will do so. But the law, when passed, wasn't to become effective until 91 days after the adjournment of a special legislative session on health care, and no one knew exactly when that was going to happen. Now we do. That session ended on March 10, 2016, which means that the law will be effective as of June...
Keeping Families Out of Court: Trust and Estates Mediation22 Feb 2016 | 11:54 amAs an estate planner, I get calls often from disgruntled beneficiaries, concerned parents, frustrated Trustees, or distrustful siblings. Death and money don't always bring out the best in families. But despite countless books, movies and television shows, rushing to court isn't always (maybe ever) the best idea for families facing conflict. Litigation, after all, is designed to create "winners" and "losers," but family disputes are seldom winner-take-all scenarios. Worse, the very adversarial nature of litigation can fracture and disrupt family relationships to the point that after the dispute is over, those relationships may be lost, forever. And finally, litigation is both expensive (think six...
Congress Makes Charitable Rollover Permanent20 Dec 2015 | 5:22 pmIn last week's end of the year budget bill, Congress made permanent the qualified charitable rollover distribution. This lets individuals who are 70 1/2 or older donate up to $100,000 a year directly from their IRA to qualified charities. By doing so, donors can reduce their taxable income (because the money coming out of the IRA won't count as taxable income to them) and charities can benefit from income-tax free gifts (because qualified charities don't have to pay income tax on the IRA withdrawals). The charitable rollover counts towards the donor's required minimum distribution.
Multi-State Tax Law Blog
Sarasota County Circuit Court holds that Reservation and Cleaning Fees are NOT Taxable.14 Jul 2016 | 10:09 amFlorida's hotel reservation industry recently received an important victory relating to Tourist Development Tax ("TDT"). TDT is a tax imposed on the privilege of renting, leasing or letting "for consideration any living quarters or accommodations in any hotel . . ., or condominium for a term of six months or less." § 125.0104(3)(a)1., Fla. Stat. Notably, the TDT is due on the consideration paid for occupancy in the county. § 125.0104(3)(a)1., Fla. Stat. In 2015, the Florida Supreme Court held that the "consideration paid for occupancy" is limited to the actual rental amount paid for occupancy of the room and not to mark-up charges and service charges associated with the reservations. ...
A Win for Local Cable Companies in the Supreme Court of Utah28 Jun 2016 | 2:39 amOn December 14, 2015, the Supreme Court of the State of Utah issued its ruling in the case of DIRECTV and DISH Network v. Utah State Tax Commission. At issue in this case was a tax scheme that provided a sales tax credit for "an amount equal to 50%" of the franchise fees paid by pay-TV providers to local municipalities for use of their public rights-of-way. The franchise fees were imposed for the running of cable and the construction of hubs on public property. Therefore, it is exclusively cable providers who pay franchise fees and qualify for the credit. Meanwhile, satellite providers such as DIRECTV are not subject to franchise fees and do not qualify for the tax credit. DIRECTV argued that the tax...
Tennessee Jumps into the "Economic Nexus" Bandwagon23 Jun 2016 | 10:20 amSince Quill in 1992, states only have the power to impose taxes on businesses if they have a "physical presence" in the State. For example, in order for a state to be allowed to require a company to charge sales tax, the company must have a place of business in the State, employees in the State or have a representative in the State. However, as the economy has shifted, more and more States are enacting an "economic nexus" to impose a tax on businesses. But, what is economic nexus? "Economic nexus" is a presence (or "nexus") standard in which States are able to impose taxes on businesses that have no physical presence on the taxing State other than having a certain amount of sales on that State. States...
NFL v. Brady – Decision Not Surprising27 Apr 2016 | 10:45 amOn April 25, 2016 an important decision for the sports world came down from the U.S. 2nd Circuit Court of Appeals involving Tom Brady. Being a sports fan and a tax lawyer, the opinion sparked my interest. Challenging the National Football League seemed to mirror the challenges we launch against government agencies every day. While the case is not exactly analogous for a few reasons, it was not that dissimilar for a taxpayer's challenge to a government agency. From a procedural perspective, the case stems from the infamous "deflate gate" scandal of the 2015 AFC Championship Game. During the game Tom Brady, of the four-time Super Bowl champion New England Patriots, allegedly instructed personnel to...
Florida Appellate Court Rules Against DBPR in Blunt Wraps Case18 Apr 2016 | 11:07 amOur firm has been extremely involved with Florida's wholesale tobacco tax for the past several years. Since Micjo in 2012, the Florida wholesale tobacco tax area has been fraught with seemingly endless litigation. In addition to the Micjo litigation, which focused on whether Florida tax applied to Federal Excise Tax ("FET"), there was another parallel of litigation which centered on a product called a blunt wrap or a cigar wrapper. Florida's 1stDCA spoke loud and clear on April 6, 2016, by determining that the Wrap product is not subject to Florida tax, which appears to be a giant step towards putting an end towards at least 1 important issue for the industry. As explained more thoroughly in a blog from...
Securities & Going Public Lawyers
Securities Law & Going Public Attorneys l Securities Lawyer 1011 Jan 2101 | 6:23 amGoing Public LawyerGoing public is a big step for any company. The process of "going public" is complex and at times precarious. While going public offers many benefits it also comes with risks and quantities of regulations with which issuers must become familiar. Despite the risks even in a down economy, the U.S. market remains one of the most attractive sources of... Read MoreGoing Public Lawyer
SEC Obtains Officer-Director and Penny Stock Bar Against Michael Cohen10 Apr 2015 | 9:00 pmGoing Public LawyerOn March 6, 2015, the Securities and Exchange Commission (the "SEC") announced that the United States District Court of New Jersey entered a judgment against Michael M. Cohen. Cohn received a lifetime officer-director bar, lifetime penny stock bar and an injunction prohibiting him from violating certain provisions of the federal securities laws. The District Court's judgment, which was entered by... Read MoreGoing Public Lawyer
SEC Issues Trading Suspension of Triumph Ventures – TRVX10 Apr 2015 | 3:05 pmGoing Public LawyerOn April 10, 2015, the Securities and Exchange Commission (the "SEC") announced the trading suspension, pursuant to Section 12(k) of the Securities Exchange Act of 1934 ("Exchange Act"), of trading in the securities of Triumph Ventures Corp. ("Triumph Ventures") of Jerusalem, Israel, at 9:30 a.m. EDT on April 10, 2015 and terminating at 11:59 p.m. EDT on April 23, 2015.... Read MoreGoing Public Lawyer
SEC Approves FINRA rule allowing transaction based compensation to unregistered persons10 Apr 2015 | 1:53 pmGoing Public LawyerThe Securities and Exchange Commission (the "SEC") recently approved Rule 2040 proposed by the Financial Industry Regulatory Authority ("FINRA") which applies to the payment of transaction based compensation to unregistered persons by member firms. Rule 2040 will allow member firms to pay fees, concessions, discounts, commissions or other allowances to unregistered persons if the member firm determines the unregistered person's activities do... Read MoreGoing Public Lawyer
SEC Issues Trading Suspension of eCareer Common Shares8 Apr 2015 | 8:10 amGoing Public LawyerOn April 8, 2014, the Securities and Exchange Commission (the "SEC") announced the temporary trading suspension of eCareer Holdings, Inc. of Boca Raton Florida. The trading suspension was issued pursuant to Section 12(k) of the Securities Exchange Act of 1934 (the "Exchange Act"). The trading suspension will terminate at 11:59 p.m. EDT on April 21, 2015. The trading suspension in... Read MoreGoing Public Lawyer
Employment Law
Sexual Harassment Suit Filed Against Fox News CEO11 Jul 2016 | 11:08 amFormer "Fox & Friends" co-host, Gretchen Carlson, filed a sexual harassment lawsuit against Fox News CEO Roger Ailes alleging Ailes fired her in retaliation for rejecting his sexual advances and reporting sexual harassment by her former co-host, Steve�Doocy.

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Eighth Circuit Ruling Favors Whistleblowers in Reporting Securities Violations7 Jul 2016 | 7:19 amUnder the Sarbanes-Oxley Act of 2002, publicly traded companies cannot discharge an employee in retaliation for reporting misconduct that violates federal securities laws. The Eighth Circuit recently joined three other courts of appeal and adopted the definition of "reasonable belief," holding that "the employee must simply prove that a reasonable person in the same factual circumstances with the same training and experience would believe that the employer violated securities laws," whether or not the employee is factually correct. Beacom v. Oracle America, Inc., No. 15-1729 (June 6,�2016).

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Should I Sign an Employment Contract with an Arbitration Clause?30 Jun 2016 | 12:56 pmAn increasing number of businesses are using arbitration clauses in their employment contracts to resolve disputes. What is an arbitration clause? How does it affect your rights? What are the implications of an arbitration clause if you have a dispute with your employer?

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Transgender Bathroom Rights: Where Do We Stand in Minnesota?21 Jun 2016 | 11:01 amWith North Carolina's controversial new law restricting public restroom use to the gender listed on a person's birth certificate and the mounting national debate, you may be wondering where we stand in Minnesota on transgendered bathroom rights. While federal laws have made some progress in protecting transgendered persons, some Minnesota rulings have been more restrictive and problematic, especially in the employment�setting.

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Court of Appeals Holds Undocumented Workers Have Employment Rights10 Jun 2016 | 7:55 amUndocumented immigrant workers are often forced into illegal working conditions in violation of state and federal law. Many of these workers are afraid to come forward in fear of losing their jobs or getting deported. In a recent case reversal, the Court of Appeals is reiterating to lower courts that undocumented workers do have rights and they are protected against workplace violations under Minnesota�law.

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Criminal Law Blog – Dallas Justice
Texas Sex Offender Registry List Is Huge But Not Every Listed Sex Offender Is an Adult Who Committed a Sex Crime20 Jul 2016 | 1:23 pmLast week, the Austin American Statesman published some pretty important facts about the State of Texas' Sex Offender Registry. The Austin newspaper's investigation needs to have lots of state-wide scrutiny because what is being revealed by the Statesman is critical information for every Texan. The Statesman's full investigative piece was published online on July 14, 2016: "Program to corral ballooning sex offender registry failing." Please read it if you get the chance. What's so important here? Thing like the following revelations in a piece written by Statesman reporter Eric Dexheimer: 1. TWELVE NAMES ARE ADDED TO THE TEXAS SEX OFFENDER REGISTRY EVERY SINGLE DAY. That's a heck of a lot of...
Heroin and Marijuana in Texas: What's the Federal Government Doing?13 Jul 2016 | 12:03 pmFirst, let's talk about pot. There's the real stuff, called "marihuana" in the Texas Controlled Substances Act (CSA), and the fake alternative, a.k.a. "synthetic marijuana." Under Texas CSA Section 481.002(26), marijuana is defined as follows: "Marihuana" means the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds. The term does not include: (A) the resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin; (B) the mature stalks of the plant or fiber produced from the stalks; (C) oil or cake made from the...
Prosecutorial Misconduct: How Bad Is It? Dallas Chief Investigator Pleads Guilty to Taking Bribe6 Jul 2016 | 3:07 amProsecutors are the attorneys who earn their salary by working for the government in enforcing criminal laws in the criminal justice system. They are supposed to be interested in justice, not personal career wins or financial gain. That's not the reality today — prosecutorial misconduct is a catch phrase that is trending. We've written about prosecutors doing bad things for many years now. For some of those stories, check out our earlier posts including:

Prosecutorial Misconduct in Texas Murder Trials: Prosecutors Fighting Against Misconduct Allegations

Prosecutorial Misconduct Still a Big, Big Problem: District Attorneys Do Bad Things

Prosecutorial Misconduct Allegations Against Four Top Texas...

Immigration Holds in North Texas: Indefinite Stays and Dallas County Sheriff29 Jun 2016 | 9:24 amThere's a reason that you get nervous when you see that police car in your rearview mirror: police officers have tremendous power in this country, and we all depend upon them to exercise that power (in legalese, their "police powers") responsibly. Not that this gives many of us much comfort. DWI Held on Immigration Bond for 36 Days at ICE Request Consider the story out of Grand Prairie involving Ricardo Garza. He's a U.S. citizen. He's also suing the U.S. Immigration and Customs Enforcement Agency ("ICE") for depriving him of his freedom for 36 days unjustly and illegally. Seems Mr. Garza was pulled over for a suspected DWI (driving while intoxicated) by the Grand Prairie police. He was...
Forfeiture Victory for Police: They Can Seize and Keep Assets Even In an Illegal Search Says Texas Supreme Court22 Jun 2016 | 10:22 amTexas law allows the police to take property from someone even if the property owner is never charged, much less convicted of a crime. This is called "civil forfeiture," it's allowed under Tex. Code Crim. Proc. Ann. arts. 59.01-.14 et seq., and we've discussed this several times before. Lots of people are against civil forfeiture actions by law enforcement. Lots of people think it's unconstitutional. Lots of people think it's a shield that allows police to steal property without due process in order to meet their annual budget and cash flow needs. And police departments DO depend upon forfeiture property in order to make ends meet. That's not in dispute. New Opinion From Texas Supreme Court on...
South Florida Personal Injury Lawyers Blog
State Appellate Court Rules in Favor of Plaintiff in Auto-Pedestrian Accident Case22 Jul 2016 | 12:05 pmThe California Court of Appeals recently released a decision reversing a lower court's ruling in favor of the defendant in a premises liability lawsuit filed after the plaintiff was hit by a car while crossing the street from an overflow parking lot to the defendant's establishment. The trial court had ruled that the defendant could not be held responsible for the man's injuries because the accident occurred on a public street that the defendant did not own or control. The appellate court found that the defendant may be held accountable for negligence based on their ownership of the overflow parking lot and a duty to provide reasonable care. Based on the court of appeals' opinion, the plaintiff may...
State Supreme Court Rules in Favor of State Park in Premises Liability Lawsuit19 Jul 2016 | 11:48 amThe Rhode Island Supreme Court recently reversed a lower court's decision to grant the plaintiffs a new trial in a negligence and premises liability lawsuit, and instead instructed the court to enter judgment in favor of the defendant as a matter of law. The case was filed by a man who broke his neck and was paralyzed after he dove into a pond at a World War II veterans memorial park that was operated by the state. He alleged that the defendants were negligent in their operation of the pond by allowing swimming but failing to adequately warn the public of the shallow water and diving danger. The Plaintiff Breaks His Neck After Diving into Murky Water The plaintiff in the case of Roy v. Rhode Island is a...
State Supreme Court Rules in Favor of Medical Malpractice Plaintiff's Attempt to Extend Statute of Limitations15 Jul 2016 | 9:05 amThe Connecticut Supreme Court recently released an opinion discussing their decision to uphold the reversal of a trial court's ruling that a medical malpractice plaintiff's claim was time-barred because it was filed after the statute of limitations had expired. The most recent ruling held that the plaintiff's argument for extending the statute of limitations based on the "continuing course of treatment doctrine" should have been addressed by the trial court. Based on the ruling, the plaintiff may be compensated for her malpractice claim. Surgical Sponge is Left Inside Plaintiff's Body After She Has Gastric Bypass Surgery The plaintiff in the case of Cefaratti v. Aranow is a woman who had a...
State Supreme Court Blocks Trial Judge from Enforcing Ruling Against Wrongful Death Plaintiff12 Jul 2016 | 9:38 amThe Supreme Court of Oklahoma recently released a decision granting a plaintiff's request to prevent the enforcement of an order issued by the judge presiding over a wrongful death case. The initial order had denied the plaintiff's request to amend their complaint and add additional defendants of whom the plaintiff was initially unaware. Although the state supreme court denied the plaintiff's request to immediately force the trial judge to grant their motion to amend the complaint, the most recent ruling will result in further proceedings at the district court level to determine if the plaintiff is entitled to hold the additional parties responsible in the wrongful death case. The Plaintiff's Claim...
Personal Injury Claim Dismissed after Attorney Misses Hearing8 Jul 2016 | 9:55 amThe Rhode Island Supreme Court recently published an opinion that affirmed a lower court's decision to dismiss a plaintiff's personal injury lawsuit. The reason for the dismissal was what appeared to be a simple clerical error, although the plaintiff's attorney failed to respond to the motion to dismiss or attend the hearing that was scheduled to address the defendant's motion. As a result of the state supreme court ruling, the plaintiff may be unable to receive compensation for his alleged injuries caused by the defendant's negligence. Plaintiff Was Allegedly Injured at Defendant's Nightclub and Files Suit According to the facts explained in the appellate opinion, the plaintiff filed a personal...
Massachusetts Social Security Disability Lawyers Blog
Attmore v. Colvin: SSDI Appeals25 Jul 2016 | 9:43 amIn Attmore V. Colvin, a case from the United States Court of Appeals for the Ninth Circuit, a claimant applied for and was awarded benefits based upon her being diagnosed with bipolar disorder. Bipolar disorder is a condition for which the United States Social Security Administration (SSA) will consider a claimant to be disabled within the meaning of the agency guidelines. In this case, claimant worked last in April 2007. She was no longer able to work and quit after she had several breakdowns that did not allow her to get out of bed and go to work. The following year she was in the hospital on three occasions because of her bipolar disorder. In one of these cases, she allegedly tried to commit...
Why Was My Social Security Disability Claim Rejected?23 Jul 2016 | 4:23 amAccording to the U.S. Census Bureau, nearly 57 million people – or 1 in 5 – have some type of disability. More than half of those conditions are categorized as "severe." In some cases, when disability onset occurs after years of working, disability insurance coverage can help a person to keep their heads above water until they can return to work. However, those suffering from a more severe condition that will result in a year or more off work are going to need more help than that. This is where Social Security Disability Insurance (SSDI) can help. These benefits can provide long-term financial relief for those coping with severe, ongoing disabilities. However, they must first qualify. Although the number of...
Social Security Disability Insurance: Myth v. Fact21 Jul 2016 | 2:20 pmMuch is misunderstood when it comes to Social Security Disability Insurance (SSDI). Some refer to it as an "entitlement program" or a type of "welfare," when in fact recipients pay into it the whole time they are working. Others think it's ridiculously easy to attain benefits, when the truth of the matter is many claimants wait months or even over a year, and often have to endure multiple levels of appeal. Still, if you have been reluctant to apply for SSDI because you have been disheartened by some of the horror stories, know that your chances are much better when you've got an experienced, dedicated advocate on your side. In most cases, that help can be secured with a contingency fee arrangement, which...
SSDI Can Affect Long-Term Disability Insurance17 Jul 2016 | 12:33 pmWhen people play into a long-term disability insurance plan through their work, they expect that this will help them remain financially stable in the event of a serious injury or illness that renders them unable to work for extended periods. They may also understand that they are entitled to collect benefits through other avenues, such as workers' compensation and Social Security Disability Insurance (SSDI). What may be less obvious is the way in which these benefits can counteract one another. Recently, a news station in Nebraska outlined what can happen when people try to stack coverage from other sources. According to WOWT NBC-6, the couple in question were both happy and seemingly healthy for years....
Help! My SSDI Claim Was Denied By the Appeals Council14 Jul 2016 | 11:09 amThere is no doubt that the quest for Social Security Disability Insurance (SSDI) benefits can be an arduous one. Unless you have a condition that is exactly specified by the Social Security Administration (SSA), you're facing an uphill battle to prove you're unable to work. In fact, the majority of initial claims are denied. At that point, you have the choice of whether to appeal to that determination to the Appeals Council. The council can do one of a few things at that point: Refer the claim back to the administrative law judge for a review of the initial decision, review a claim directly or uphold the ALJ's original decision. No matter what stage you are in the process, having an experienced attorney...
Austin Immigration Lawyer Blog
New York State Offers to Cover U.S. Citizenship Fees for 2,000 Immigrants14 Jul 2016 | 9:31 amAs part of New York State's NaturalizeNY immigration program, the government announced that it is footing all application fees for around 2,000 low-income immigrants seeking U.S. citizenship, with the winners to be chosen by a randomized lottery. The lottery is part of an effort to assist poor immigrants unable to pay the $680 application fee for citizenship, and is open to 160,000 immigrants in New York with low incomes, but not low enough to qualify for federal assistance. Individuals with annual incomes between $30,240 and $60,480 are eligible for the lottery. New York Government Andrew Cuomo announced the lottery would be a collaborative effort of the NaturalizeNY program and several civic groups,...
Federal Government Sued for Allegedly Refusing Refugees11 Jul 2016 | 9:27 amA group of refugees from the Caribbean, as well as Central and South America has filed a class action lawsuit against the United States for allegedly denying asylum-seekers due process, for intentionally failing to inform them of the deadline for filing the necessary paperwork for asylum, and for placing roadblocks to stifle the immigration process. After being caught at the border, the four plaintiffs were released into the United States and allowed to apply for asylum. However, they did not receive any instructions from immigration agents to file for asylum within the allowable grace period of 1 year after entering the country, nor did they present a feasible way to meet the deadline. In their complaint,...
Court Orders Immediate Release of Detained Immigrant Children, But Not Their Parents7 Jul 2016 | 3:08 pmIn a ruling earlier this week, a federal appeals court ordered the Department of Homeland Security to immediately release undocumented immigrant children held under detention for crossing the border unlawfully. The 9th Circuit Court of Appeals in San Francisco ruled that detaining migrant children for extended periods violates a 19-year-old legal settlement, which ordered immediate release after processing. Government lawyers responded by arguing that the settlement applied only to immigrant children who had crossed into the United States without being accompanied by adult relatives. However, the ruling also states that immigration officials are not required to release migrant parents detained with their...
Haitian Immigrant Ordered Deported After First Circuit Court of Appeals Denies Petition for Derivative Citizenship4 Jul 2016 | 7:15 amThe First Circuit Court of Appeals ruled on Thomas v. Lynch this week, denying an appeal to recognize the plaintiff's (Thomas) petition for derivative citizenship after being found removable from the country by an immigration court for committing a felony. Pierre Thomas was born in Haiti and lawfully admitted to the United States in 1986 as a nonimmigrant visitor at the age of 5 years old. Together with his parents, their visitor visas were supposedly valid for only six months, but his parents decided to remain in the country. Thomas's father passed away in 1993, and his mother eventually became a naturalized citizen on May 18, 1999, after living in the country with her son for years. Three days after...
Judge Adds Thousands of New Plaintiffs in Lawsuit Against Immigration Agencies That Have Been Denying Children Access to Attorneys30 Jun 2016 | 2:17 amA judge has given the go signal to a class-action lawsuit filed to stop an existing immigration policy that denies attorney rights to immigrant children in the Western United States facing deportation. Furthermore, the judge bolstered the case by sweeping in thousands of new plaintiffs. On Friday, July 24, U.S. District Judge Thomas Zilly on Friday acknowledged a new class in the lawsuit filed by immigration-rights groups in 2014, which could affect the present situation of thousands of immigrant children awaiting deportation proceedings. Judge Zilly extended the qualifications of the lawsuit to include all immigrant children under 18 living in the 9th Judicial Circuit who are facing removal hearings after...
Healthcare Law Blog
Senate Finance Committee Proposes Changes to STARK Law8 Jul 2016 | 2:00 pmIn a Senate Finance Committee Majority Staff Report (the Senate Report) entitled, "Why Stark, Why Now?", the Committee's Chairman, Senator Orrin Hatch, argues that changes are needed to Stark Law. Georgia Stark Law and Physician Self-Referral Attorneys The Senate Report is, at a minimum, a strong indicator that calls for change in the law are heard and efforts are underway to evaluate improvements to the law. A Brief History of Stark Law Stark Law is Federal physician self-referral law premised upon the notion that physicians are prone to order (i.e., "refer") more medical items and services if they stand to benefit financially from doing so. For example, where a physician has an ownership...
General Accounting Office Issues Findings Regarding Medicare Appeals Backlog1 Jul 2016 | 1:55 pmEarlier this month, the United States General Accounting Office (GAO) issued its monthly anticipated report (the Report) to Congress about the status of the Medicare Appeals backlog. The Report states on the first page, "Opportunities Remain to Improve Appeals Process," which is a gross understatement and will likely be received with frustration by unpaid providers. At least it appears the backlog is on Congress' radar and someone is trying to do something to improve this very difficult problem that adversely impacts so many providers. Medicare Reimbursement Lawyers To be fair, it appears the system has overwhelmed the government. In 2015, HHS noted that Level 3 was receiving more than one...
Fraud and Abuse Update: OIG Reports Big Recoveries from Providers6 Jun 2016 | 12:16 pmThe U.S. Department of Health & Human Services (HHS), Office of Inspector General (OIG) recently issued its Semiannual Report to Congress regarding the OIG's success in detecting and obtaining recoveries as a result of fraud, waste and abuse in Federal healthcare programs. Our Atlanta and Augusta, Georgia based business and healthcare law firm follows healthcare industry developments with regard to compliance, fraud and abuse. The OIG uses technology and forensic audit expertise to identify new types of healthcare fraud and take enforcement steps to curb fraud and obtain recoveries for the Federal government. The OIG's Semiannual Report covers the OIG efforts and results during the first six months...
Federal Appeals Court Affirms Medicare's $8.9 Million Overpayment Determination based on Improper Multi-Dosing24 May 2016 | 9:46 amVitreo Retinal Consultants of the Palm Beaches, P.A. (VRC) sued the U.S. Department of Health and Human Resources (HHS) to recover payments it made to Medicare, having previously refunded the payments to Medicare based on Medicare's notice of overpayment. The Eleventh Circuit affirmed the decision of the U.S. District Court, which upheld the administrative decision supporting Medicare's overpayment notice. The ophthalmologist/owner of the VRC was indicted and charged with 46 counts of healthcare fraud, according to a Department of Justice press release. Georgia Medicare Reimbursement Attorneys VRC treated Medicare patients who suffered from age-related macular degeneration (AMD) and similar retinal...
PAY IT BACK OR ELSE: CMS' NEW OVERPAYMENT RULE FOR REPORTING AND RETURNING SELF-IDENTIFIED OVERPAYMENTS UNDER MEDICARE PARTS A AND B29 Apr 2016 | 1:48 pmThe U.S. Centers for Medicare & Medicaid Services (CMS) recently finalized a final rule to effectuate the federal government's ability under the Affordable Care Act (ACA) to recover self-identified overpayments, applicable to Medicare Parts A and B. CMS' implementing overpayment rule is the latest sword in the government's formidable arsenal to combat fraud and abuse with regard to healthcare reimbursement under federal programs. Physicians and other healthcare businesses and suppliers should take heed, as they will be subject to considerable potential financial liability and professional risks for noncompliance with the new overpayment rules. Our Atlanta/Augusta business and healthcare law firm...
Pleasanton Business & Commercial Law Blog
California Appellate Court Affirms Injunction in Business' Trespass Lawsuit Against Labor Union15 Jul 2016 | 11:48 amEmployers in California must, at times, balance the needs of their business with their employees' rights under local, state, and federal laws. The National Labor Relations Act (NLRA), 29 U.S.C. § 151 et seq., protects workers' rights to engage in union-related activities, as well as the rights of workers who do not want to engage in such activities. The federal government has exclusive jurisdiction over disputes of this nature, meaning that the NLRA preempts state law claims. A California appellate court recently held, however, that preemption does not necessarily extend to business tort claims against a labor union, upholding an injunction in a trespass lawsuit. Wal-Mart Stores, Inc. v. United Food...
California HOAs Deal with Water Shortages and State Environmental Regulations30 Jun 2016 | 12:25 pmFrom the point of view of a resident, a homeowners' association (HOA) in California operates much like a government entity. It has the authority to enact legally binding rules and to assess and collect fees for a variety of purposes, such as maintenance of common areas and community-wide utility services. Ongoing drought conditions throughout California have strained the ability of many HOAs to maintain various requirements and services. As just one example, an ongoing dispute in the Coachella Valley area involves a water district's efforts to maintain water service in the face of water shortages and new state standards for water quality. More than 1,000 water districts provide services to cities,...
Jury in California Federal Court Rules for Google in Software Copyright Dispute15 Jun 2016 | 10:45 amWhether federal copyright law, as currently written, is capable of adequately addressing issues presented by 21st-century technology is an open question. A jury in a Northern California court recently rendered a verdict in favor of Google in a copyright lawsuit filed nearly six years ago by the software company Oracle. Oracle America, Inc. v. Google Inc., No. 3:10-cv-03561, complaint (N.D. Cal., Aug. 12, 2010). At the time of filing, Oracle had recently acquired Sun Microsystems, creator of the Java programming language. Google had used Java to build its Android mobile device operating system, and Oracle claimed that Google had infringed its copyright in multiple software protocols known as application...
Federal Law Now Allows Private Causes of Action to Protect Trade Secrets31 May 2016 | 12:29 pmBusinesses must take great care to protect their intellectual property from various types of infringement. With intellectual property that is subject to copyright, trademark, or patent protection, businesses want to protect their exclusive rights to use, display, or distribution. The value of this type of intellectual property derives from the fact that it is known to others but controlled by its owner. Another type of intellectual property, trade secrets, has value because it is not widely known to others. Businesses have had to rely on state laws to enforce trade secret rights, which can be difficult when a dispute crosses state lines. Federal law, however, now offers similar trade secret protections,...
FTC Accuses First-to-Market Manufacturer of Anticompetitive Practices16 May 2016 | 12:16 pmFederal antitrust law is intended to protect the competitiveness of the marketplace, based in part on the idea that competition benefits consumers. In a genuinely competitive market, consumers give their business to the company that best meets their wants and needs. Businesses therefore have incentives to be responsive to consumer demands, such as keeping prices low or maintaining a high quality of goods or services. Antitrust law prohibits practices aimed at suppressing or preventing competition. A business that has a monopoly in a particular market does not violate antitrust law solely by virtue of its monopoly, but any activity that prevents competitors from entering the market is likely to draw the...
I Just Got a NY Traffic Ticket, What Should I Do?20 Jul 2016 | 7:00 amLet's be blunt: traffic tickets can ruin even the finest day, and their high cost can make a dent in your wallet. So you are saying, I just got a NY Traffic Ticket. What should I do!? What do I do? Of course, it is best to never get a ticket. However, since you are already banging your head on your steering wheel because you were going just a touch too fast and got caught, what can you do to minimize the damage? Below are some tips. Do Not Just Pay It In almost all cases, you will be better off by fighting your traffic ticket or, at least, have very little to lose. Most people do not do so because they think they will have to take time off work and travel to court to do it, costing themselves even further...
How long do points remain on your New York driver's license?13 Jul 2016 | 7:02 amIf you've ever gotten a moving violation in New York, you probably know that each violation comes with a certain number of "points" that are assigned to your driving record. The point value of each violation ranges, from 2 points for disobeying a traffic sign or pavement marking to a whopping 11 points for speeding 41+ mph. Even a cell phone or electronic device ticket in New York carries a painful 5 points. For those with multiple violations in the near past 18 months, points can cause a problem, as 11 points within an 18-month period subjects you to suspension of your privilege to drive. If you've ever wondered "How long do points remain on your New York license?", then the short answer is 18 months from...
Can I Play Pokémon Go While Driving?11 Jul 2016 | 7:10 pmI'm sure you know that the answer is "no" but I'm sure that there are drivers out there doing it. To play the red-hot app, you need to use an electronic device. New York law prohibits using an electronic device while driving an in-motion vehicle. A violation of this statute carries 5 points and roughly a $200 fine. Devices on which you can play Pokémon Go are considered "electronic devices". An "electronic devices" is includes any "handheld device with mobile data access" as well as any "portable computing device". Clearly, this includes an iPhone or Android. Further, the activities involved with Pokémon Go such as catching Pokémon and battling for gyms all required you to "use" your...
NYPD Cop: "Blame de Blasio For Your Ticket." That's Irrelevant! You Need To Fight It With a Lawyer.22 Jun 2016 | 7:00 amAn NYPD officer was recently recorded telling a traffic offender that it was Mayor De Blasio's fault the violator was getting a traffic summons. However, the question remains, did you violate the law? If you received a summons under the Mayor's Vision Zero Enforcement policy, pleading the policy is wrong, doesn't help your case. Was it you that allegedly violated the law? Yes, so fight the violation itself, do not blame anyone else for its cause, enforcement of the policy is irrelevant in court. You need an experienced traffic ticket lawyer fighting your case. Depending on the reason for the summons, the particulars are contestable. A lawyer determines whether the elements of the offense have been...
NYC Police Officers to Testify At Traffic Violations Bureau via Skype or FaceTime?8 Jun 2016 | 7:25 amThe changing face of technology is constantly altering the world as we know it–and thanks to a new deployment of specialized smart to police officers in New York City, the world may change all over again. Now, thanks to this new technology, police officers might not have to physically attend court at one of the Traffic Violations Bureau in order to testify against traffic offenders and in other minor matters. Instead, they would testify via Skype or Facetime. This has a number of implications for motorists. Man Hours Spared Anyone who has ever been to court over a traffic citation knows full well that there can be a lot of waiting around. It is frustrating for motorists who are forced to spend their day in...
White Plains Personal Injury Lawyer Blog
MEDICAL ERRORS20 Jul 2016 | 12:20 pmMedical errors are the third leading cause of deaths in the United States after heart disease and cancer. According to an article by Steve Sternberg entitled "medical errors are third leading cause of death in the U.S." published on May 3, 2016 at www.aol.com article. 2016 medical errors caused at least 250,000 deaths every year. Dr. Martin Makary, a professor of surgery and health policy at Johns Hopkins University School of Medicine stated "its medical care gone awry". The magnitude of the death toll, 10% of the U.S. deaths annually is striking in an era dominated by efforts to reform the health care system. Patients' safety efforts has failed to gain traction because there is no...
2015 U.S. AUTO RECALLS30 Jun 2016 | 11:49 amIn 2015, there were 51 million automobiles recalled by their manufacturers. In an article in USA Today in January, 2016 by Nathan Bomey, he points out that a recall of 51 million plus vehicles in 900 separate recalls in 2015. These statistics was published by the National Highway Transportation Safety Administration, NHTSA. These recalls edged the previous record of recalls in 2014. The NHTSA announced a yearlong digital advertising campaign dubbed "safe care save lives" to encourage consumers to get their recalled cars fixed quickly. The new record, according to the article, followed a series of industry scandals including the General Motors ignition switch defect, The Volkswagen emissions...
ALLIGATORS AT DISNEY23 Jun 2016 | 12:13 pmThe Walt Disney Co. – Disney World in Orlando will face a legal fight following the alligator attack that grabbed and dragged a two year old from Nebraska, Lane Graves at the Lagoon at the Grand Florida Resort that resulted in the 2 year old's death. In an article in USA Today – Money on June 20, 2016 by Roger Yu entitled "Disney may be in for more trouble" claims Disney "could face claims of gross negligence after tot was killed by alligator". According to an interview with a trial lawyer, Dan Cytryn, a law firm in Miami, states Disney's exposure is phenomenal. By Florida law and in most states, hotel and motel operators have a "duty to protect guests from unreasonable risk of...
CELL PHONE CHECK AFTER ACCIDENTS29 Apr 2016 | 6:50 pmProposed NY law would let police check drivers' cell phones after crashes The post CELL PHONE CHECK AFTER ACCIDENTS appeared first on White Plains Personal Injury Lawyer Blog.
CHILDREN'S LEGAL RIGHTS29 Apr 2016 | 6:47 pmPiercing an Injured Child's Legal Rights The post CHILDREN'S LEGAL RIGHTS appeared first on White Plains Personal Injury Lawyer Blog.
Law Offices of Pawuk & Pawuk
Update Your Address for Immigration3 Jul 2016 | 2:58 amUpdate Your Address for Immigration It may come as a surprise to many Lawful Permanent Residents that you must update your address for immigration records within ten days of moving! The form used is called the AR-11 and requires no fee. Some clients come to our office and with their green card in hand for some other service and indicate that they have not updated their address with USCIS in over ten years. After all, … Read More The post Update Your Address for Immigration appeared first on Law Offices of Pawuk & Pawuk.
Spousal Privilege – Will I have to testify?2 Jul 2016 | 2:56 amSpousal Privilege Does the Spousal Privilege apply in the case of the Orlando Pulse shooter? Can the police get the wife's testimony of what she knew of the shooting? Maybe. It depends on whether or not those communications she made with her husband were meant to be confidential. We often get this question from victims of domestic violence. They may not want to testify against their husbands in a criminal trial. They want to … Read More The post Spousal Privilege – Will I have to testify? appeared first on Law Offices of Pawuk & Pawuk.
DUI Blood Test30 Jun 2016 | 12:55 pmDUI Blood Tests The U.S. Supreme Court decided last week that making it a crime to refuse a DUI Blood Test is unconstitutional. Does that they can't give you a DUI blood test? No. They can, but they have to get a warrant. And the states can't make it a crime to refuse a blood test. Breath test refusals are still criminalized. In Florida, a refusal to take the breath test in a DUI investigation … Read More The post DUI Blood Test appeared first on Law Offices of Pawuk & Pawuk.
Can I be convicted of Driving While License Suspended when I never had a Florida Driver's License?29 Jun 2016 | 2:23 amI Never Had a Florida Driver's License – Driving While License Suspended or Revoked � DWLSR, or Driving While License Suspended or Revoked, is a common crime. We handle so many of these cases every year, that we're on a first name basis with the officer's in the Department of Administrative Review. That's where you go to apply for a hardship license when you driver's license is suspended or revoked. As most people know, … Read More The post Can I be convicted of Driving While License Suspended when I never had a Florida Driver's License? appeared first on Law Offices of Pawuk & Pawuk.
Bad Stop – Shouldn't the evidence be thrown out?26 Jun 2016 | 7:44 amBad Stop Is it possible for police to make a bad stop of a person, but find out later that there is an outstanding arrest warrant, to have the evidence thrown out in court? Maybe. The police have long been allowed to stop a person if they have reasonable suspicion of criminal activity. IF the police have reason to believe you have committed, or are about to commit a crime, they can frisk you. That's … Read More The post Bad Stop – Shouldn't the evidence be thrown out? appeared first on Law Offices of Pawuk & Pawuk.
Oakland Employment Lawyer Blog
Federal Judge Refuses to Dismiss Food Delivery Service Drivers' Lawsuits25 Jul 2016 | 4:20 amA federal judge in San Francisco recently refused to certify a group of delivery drivers as a class for the purposes of filing a class action lawsuit, but agreed to let the drivers continue with their claims against the delivery company. The drivers are suing GrubHub, a food delivery service. GrubHub pays the drivers a flat fee for each delivery they make instead of compensating them for the total time they spend on a call. Drivers claim that they were improperly classified as independent contractors when they are actually employees. Some drivers claim that they worked over 60 hours a week without overtime pay. Under GrubHub's rules, drivers work in shifts and are required to accept at least 75 percent...
Uber's Legal Liability when Drivers get Hurt22 Jul 2016 | 9:19 amWhen an independent contractor gets injured on the job, the injured worker is not eligible for workers' compensation benefits like employees are. The injured worker could choose to sue the company for negligence, but those cases can take a long time and the injured worker may be desperate for income if he or she is unable to work and facing medical bills. Uber, Lyft, and similar ride-sharing companies typically classify their drivers as independent contractors, meaning they are left without workers' compensation benefits if they are injured in an accident. Studies show that driving passengers for hire is one of the country's most dangerous jobs, both because of automobile accidents as well as...
Recent Study Found that Female Doctors Earn Less than Male Doctors19 Jul 2016 | 9:19 amAn analysis recently published in JAMA Internal Medicine found that female doctors at some of the country's most prominent public medical schools earn $20,000 less a year on average than their male colleagues. Researchers found that before they adjusted for factors that could influence income, the difference between the genders was over $51,000 a year. Although there have been several studies done in the past that found a pay gap between male and female doctors, those studies relied on doctors reporting their own incomes, or focused on starting salaries or certain specialties or regions. This new study draws salary information from a larger, more objective sample. The analysis included data on 10,000...
EEOC Weighs In On Transgender Bathroom Access15 Jul 2016 | 4:02 amThe Equal Employment Opportunity Commission has joined in the nationwide discussion on transgender bathroom access. This issue was recently thrust into the spotlight when North Carolina passed legislation that explicitly restricts restroom choices for transgender individuals. The backlash from this legislation was considerable, prompting not just the EEOC, but human rights organizations and lawmakers to take action. The EEOC issued its guide on how Title VII of the Civil Rights Act applies to transgender employees' use of bathrooms in the workplace on May 2nd. In its new guide, the EEOC has made it clear that transgender individuals must not face discrimination and harassment in the workplace. ...
First Driver Killed in Accident Involving Self-Driving Car14 Jul 2016 | 12:29 pmIn May, the first fatality in the U.S. involving a self-driving car occurred in Florida. The driver of a Tesla S sports car, who was using the vehicle's automated driving system at the time, died after a collision with a truck. Currently, the government is investigating the design and performance of Tesla's operating system. The accident occurred when a tractor-trailer made a left turn in front of the Tesla at an intersection of a divided highway where there was no traffic light. The Tesla driver died due to injuries he sustained in the crash. The accident occurred southwest of Gainesville. According to Tesla, neither the driver nor the automated driving system noticed the white side of the trailer,...
Tampa Bay Injury Attorney Blog
July Is Wrong Way Driving Awareness Month: Stay Right At Night20 Jul 2016 | 7:21 pmThere were more than 1,400 wrong way crashes in FL in 2015, resulting in 1,454 injuries & 96 fatalities, according to the Florida Highway Safety and Motor Vehicles. Wrong way driving collisions occur when a vehicle has failed to observe a posted traffic sign or pavement marking and proceeds in a lane travelling in the wrong direction. Motorists are encouraged to stay in the right lane to avoid a crash with a wrong way driver, especially at night and during transitional light times such as dawn and dusk. In most wrong way wrecks, vehicles are hit head-on, resulting in 81 percent of all wrong way fatalities. Head-on collisions are some of the most dangerous crashes, and sadly, result in the most fatalities....
HBD America! Party Safely This Fourth Of July Weekend30 Jun 2016 | 8:50 pmThe Fourth of July is the perfect time to enjoy food, fun, and maybe a few drinks with family and friends. Whether you're attending a fireworks show or hitting the bars, Tampa is the perfect place to celebrate America's Birthday. The sad truth is that Independance Day is one of the most dangerous holidays of the year. Fireworks, hot grills, traffic, and other hazards can cause serious injuries or even death. Drunk driving rates spike over the July Fourth weekend. The best way to prevent injuries and deaths this holiday weekend is to follow the below safety tips: Do Not Drink And Drive The best way to avoid a DUI collision is to stay sober if you will be getting behind the wheel of a car. Too many...
Put Safety First At The Pool This Summer29 Jun 2016 | 7:49 amIt's summer! That means it is time to get to the pool and cool off with friends and family. There are pool parties, family gatherings and just pure summer fun all centered around the pool. Tampa can get pretty toasty in the summer months, so you and the kids are bound to take a dip in the pool a few times, if not daily. Swimming pools are awesome, but they can also present some hazards to kids. However, if you follow the safety tips listed below you can stay cool and safe. An Adult Needs To Supervise Kids At All Times! Kids have to be monitored 24/7 by an adult whenever they are near water. Some parents are OK with passing this responsibility off to a teen babysitter, but we urge you to reconsider....
Leaving Children in Hot Cars Is Dangerous28 Jun 2016 | 8:02 amEach year, numerous accidental deaths occur when children are left inside hot vehicles. Since 1998, an average of 37 US children have died every year from being left inside hot cars. A good amount of these were caused by lack of attention and could have been prevented. In these cases, vehicular heatstroke can be a wrongful death case. According to statistics from 1998 to present, children left inside cars are the result of three primary circumstances:

In 54 percent of cases the child was 'forgotten' to be in the car.

In 29 percent of cases, kids were playing unattended inside a car without the knowledge of the caregiver.

In 11 percent of cases, the child was intentionally left inside the car generally...

Man Arrested in Collision That Killed Scooter Driver21 Jun 2016 | 8:55 pmA man on a scooter was killed early Tuesday by a car that had run a red light in Clearwater. According to Clearwater Police, the crash occurred at 1:45 a.m. at the intersection of Belcher Road and Gulf-to-Bay Boulevard. Police believe the 55-year-old Palm Harbor man was on a scooter traveling northbound on Belcher Road when he was struck by a westbound 2006 Chrysler Sebring that ran the red light on Gulf-to-Bay. The impact of the collision pushed the scooter into the side of a 1995 Lincoln Town Car that was also heading north on Belcher. The scooter driver died at Bayfront Health St. Petersburg. Police have identified the driver of the car that ran the red light and believe the driver showed signs of...
Boston Metro Business Lawyer Blog
Massachusetts Recreational Use Statute Doesn't Bar Claim of Mother Who Bought Tickets for Her Kids26 Jul 2016 | 8:41 amMassachusetts, like many states, has what is known as a recreational use statute. Recreational use statutes provide some amount of immunity to landowners who open their property to the public for recreational use. Pursuant to the Massachusetts statute, landowners who open their property to the public for recreational purposes without imposing a charge or fee are not liable for personal injury, absent willful, wanton, or reckless contact. G.L. c. 21, § 17C(a). The statute therefore encourages landowners to open their property up to the recreational use of the public for free. The Massachusetts Appeals Court recently considered whether it barred a negligence claim of a woman who was injured by a...
No Massachusetts Consumer Protection Liability for Service Provider for Harassing Spoofed Calls19 Jul 2016 | 4:45 amMass. Gen. Laws ch. 93A, § 2 protects consumers from unfair or deceptive practices or acts in the conduct of trade or commerce. What constitutes an unfair or deceptive practice or act, however, is not always clear. The First Circuit recently considered whether a company that provided a service that was used for illegal purposes was liable to the victim in Walsh v. Teltech Systems, Inc. SpoofCard is a prepaid calling service that allows callers to choose the number that appears on the recipients' caller ID, alter their voices on the call, and record and store the calls. In this case, a woman called the plaintiff through the service and made sexually harassing comments, using her former employer's...
Massachusetts Arbitration Required Only for Claims Covered by Arbitration Agreement7 Jul 2016 | 4:04 amMany businesses include alternative dispute resolution provisions as a standard part of their contracts. Sometimes, however, one party would prefer to litigate its claims against the other. Under Massachusetts law, a party cannot be required to arbitrate any claim that is not covered by the agreement to arbitrate. The Massachusetts Appeals Court recently considered whether an agreement to arbitrate applied to claims that arose from services performed under a previous contract in the case of Merrimack College v. KPMG LLP. The college alleged malpractice against an accounting firm, based on an alleged failure to detect serious irregularities in the financial aid office in fiscal years 1998 through 2004. ...
Massachusetts Contractor May Be Liable for Building Code Violation at Owner's Request21 Jun 2016 | 5:00 amMassachusetts law protects homeowners from contractors who violate the safety provisions of the building code. Unfortunately, meeting safety requirements can add to the expense of a construction or home improvement project. Homeowners may sometimes ask contractors to cut corners to lower the cost of the project. The Massachusetts Appeals Court recently considered whether a contractor could use the homeowners' instructions as a defense to liability for violating a building code requirement in the case of Downey v. Chutehall Construction Co. The plaintiffs hired the contractor to replace the roof and roof deck on their townhouse. The building code does not allow more than two layers of roofing on...
District Court of Massachusetts Finds General Liability Policy Doesn't Cover Injury to Sub-Subcontractor Employee16 Jun 2016 | 6:02 amIt is important for any business to be appropriately insured against loss and liability. A failure to have sufficient insurance can result in the business paying for not only the damages but also the expenses of litigation out-of-pocket. In the recent case of Northland Insurance Company v. Doval Remodeling, Inc., an insurance company sought a declaratory judgment that it did not have a duty to defend or indemnify its insured in a case involving personal injuries. The business had a general liability policy with the insurance company. The policy contained an exclusion for bodily injury to any person who is employed by, leased to, or contracted with an organization that is contracted with the insured or...
San Jose Attorney and Counselor At Law – Richard G. Burt
Perils of Dissolution, or Hey, FTB, Where's My Dough?18 Jul 2016 | 5:29 pmSometimes a California limited liability company (LLC) or California corporation dissolves and files a final tax return which shows it has a refund coming, but the refund is $800 short. How could this happen? It's because the Franchise Tax Board (FTB) may deduct $800 and apply it to next year's taxes. Let's say that a business entity files a tax return and has a refund coming. In that case, the FTB computer looks to see if the business entity had paid the tax for the next year (estimated tax for a corporation). If the next year's tax payment is past-due, the FTB may take $800 out of the refund and apply it to the next year's tax. The intent is to help the taxpayer avoid penalties and interest for...
LLC Annual Fee Clarified by Franchise Tax Board15 Jul 2016 | 2:50 pmA limited liability company ("LLC") doing business in California (whether organized under California law or the law of another state) must pay an LLC annual fee on its "total income from all sources derived from or attributable to this state." (The annual LLC fee is really a tax, but the legislature didn't want to call it a tax, so it's an LLC fee. But it still quacks like a tax.) The LLC annual fee is in addition to the $800 flat annual franchise tax. The LLC annual fee is graduated, starting at $900 for LLCs with total income of $250,000 and topping out at $11,900 for LLCs with total income of $5 million or more. The Franchise Tax Board (FTB) recently ruled on how to calculate the "total...
Here's One Way Not to Pay Taxes – Legally!21 Apr 2016 | 6:13 pmCalifornia charges a minimum franchise tax of $800 each year. This is a tax on the privilege of being a corporation. It doesn't matter whether the corporation is profitable or even if it has any revenue. The state wants its $800 from every corporation every year, and if it's not paid, the state will suspend the corporation. There is one exception, however. If you're planning on forming a corporation near the end of the year, it can sometimes pay to wait a bit. Corporations with a first tax year of 15 days (or fewer) will not have to file a tax return or pay the $800 tax if the corporation conducts no business during those remaining 15 (or fewer) days in its first tax year. Let's say that a business...
FTB Tax Clearance Certificates31 Mar 2016 | 6:43 pmWhen a business is required to deduct and withhold taxes and remit them to the Franchise Tax Board (FTB), a successor to the business can be responsible for paying the amount owing to the FTB if the business does not pay them. Who is a successor? A "successor" is anyone who acquires a substantial portion of the assets or the business. It doesn't matter how the assets were acquired. They can be purchased, transferred, distributed to shareholders or other owners in liquidation, or inherited. By virtue of Revenue & Taxation Code section 18669, the obligation to pay required withholding tax (and interest and penalties, if applicable) is transferred with the assets. The successor's liability is...
Officer Liable for Restitution of Corporation's Gains in Violation of FTC Act3 Mar 2016 | 5:20 pmIn Federal Trade Commission v. Commerce Planet, Inc. (9th Cir. March 3, 2016) 16 C.D.O.S. 2355, the Federal Trade Commission (FTC) sued Commerce Planet, Inc., and three of its top officers for violating § 5(a) of the FTC Act, which prohibits unfair or deceptive business practices (15 U.S.C. § 45(a)). The company and two of the individual defendants settled with the FTC. The remaining defendant, appellant Charles Gugliuzza, elected to stand trial. After a 16-day bench trial, the district court found that Commerce Planet had violated § 5(a) and held Gugliuzza, the company's former president, personally liable for the company's unlawful conduct. The court permanently enjoined Gugliuzza from engaging in...
Law Office of Melanie Tavare
Good Faith and Chapter 1321 Jul 2016 | 2:47 pmTo confirm a Chapter 13 plan, the Bankruptcy Code requires, among other things, that a proposed plan can be confirmed if it "has been proposed in good faith." The term "good faith" is ambiguous and has never been conclusively defined. Consequently, the good faith requirement is the most heavily litigated provision of a Chapter 13 bankruptcy. � As a result of the good faith requirement, bankruptcy courts have an independent duty to evaluate whether a proposed chapter 13 satisfies the good faith requirement. The debtor must demonstrate to the Court that the proposed chapter 13 plan is in good faith, which is a question of fact for the bankruptcy court. � Totality of the Circumstances � Courts have...
Basics of a Chapter 13 Plan12 Jul 2016 | 7:29 amThe United States Bankruptcy Code details certain mandatory provisions for every chapter 13 plan and several permissive provisions that a debtor may include. First and most importantly is that a debtor must submit to the trustee all or a portion of future earnings or income necessary to execute the plan. Second, the plan must provide for the full payment of all priority claims, which is debt not dischargeable in bankruptcy, unless the creditor holding that claim expressly consents to less favorable treatment. Third, if the plan separately classifies claims, the plan must provide equal treatment for each claim within a particular class. Future Income and Earnings Debtors often seek to pay certain secured...
Conversion of Chapter 13 Plan9 Jul 2016 | 2:03 pmBoth the initial filing of a chapter 13 petition and the debtor's continued participation is voluntary. At any time, the debtor may elect to convert the case to chapter 7 if cause exists. A debtor may also dismiss the chapter 13 case provided that it was not previously converted from another bankruptcy chapter. � Process Before analyzing whether cause exists to dismiss or convert to chapter 7 under, the debtor must first satisfy certain statutory prerequisites. First, if the debtor is a "farmer," which in this context is defined as a person that received more than eighty percent of gross income from a farming operation, only the debtor can request conversion to a Chapter 7. However, "a party in...
Chapter 13 Postpetition Debt1 Jul 2016 | 2:01 pmGenerally, bankruptcy reorganization is applicable to prepetition debt, which refers to liabilities arising prior to the bankruptcy filing, not postpetition debt. Chapter 13 bankruptcy provides an exception to that rule. A Chapter 13 debtor, under certain circumstances, can include postpetitition consumer debt and taxes in the Chapter 13 plan. This requires trustee approval and that the postpetition creditor files a claim. Consequences There are important consequences for a creditor who files a postpetition claim. If the creditor does not file a postpetition claim, the debt will not be subject to discharge upon plan completion and the creditor can collect from the debtor upon completion of the Chapter 13...
The Role of a Chapter 13 Trustee29 Jun 2016 | 2:56 pmThe U.S. Bankruptcy Code assigns a trustee to a case where an individual files Chapter 7 or Chapter 13 bankruptcy. The role of a trustee administering a Chapter 13 bankruptcy is more involved than the role of a Chapter 7 trustee due to the complexity and continuing nature of the bankruptcy. Chapter 13 Trustee v. Chapter 7 Trustee In general, a Chapter 7 trustee's charge is:

 being accountable for all property received;

 investigating the financial condition of the debtor;

 examining and objecting to proofs of claim (a proof of claim is a creditor's written statement to the court, debtor and trustee to assert a right to receive a distribution);

...

Obamacare is Working25 Jul 2016 | 4:07 pmMost of what you hear about the Affordable Care Act is complaints about higher premiums and predictions of the end of the law. Some reports are as high as 37 percent for 2017 which fuel an impetus for repealing the law. The Affordable Care Act, also known as Obamacare, is a United States federal statute […]
The Dangers of Swimming in your Pool at Home12 Jul 2016 | 11:07 amAccording to the Centers for Disease Control and Prevention, there were 3,536 unintentional, non-boating related drownings annually from 2005 to 2014. You may think you are safe at home, but if you have a pool, you must be extra cautious. There were about 10 drownings a day, and one in five people who drown are […]
Eye Test that Screens for mTBI Analyzed6 Jul 2016 | 12:18 pmYesterday we blogged about a simple eye test that could screen for mild traumatic brain injury. This would aid doctors in the diagnosis of a mild traumatic brain injury, which often goes under diagnosed. It's a simple ten minute eye test that would tell doctors whether or not the person suffered a brain injury. Today […]
Mild Traumatic Brain Injury Screening by A Simple Eye Test5 Jul 2016 | 11:56 amU.S. Army investigators reported that a simple eye test can screen for mild traumatic brain injury. Study results were presented at the American Optometric Association's Optometry's Meeting. Mild traumatic brain injury accounted for more than two-thirds of traumatic brain injury cases in the last fifteen years, according to the U.S. Department of Defense. Many mild […]
Concealing evidence by city lawyers30 Jun 2016 | 2:58 pmBy Jennifer Ball In an Associated Press review, the AP revealed instances where city lawyers were concealing evidence, delaying their disclosure, or otherwise subverting evidence in cities such as New York, Baltimore, Denver, and Spokane, according to the Joplin Globe. For example, Shaun Mouzon was injured in Baltimore in 2013 after officers said he tried to […]
Tennessee Estate Law Blog
What Happens to My Estate if I Die Without a Will in Tennessee?22 Jul 2016 | 2:19 pmIf you reside in Tennessee and die without a will, the distribution of your estate is governed by state law. Tennessee Code (T.C.A. 31-2-104) sets out the rules for which family members would receive your property. Here's the problem: those rules may or may not reflect what you would have wanted. If you leave no descendants of your own but were married at the time of your death, then your estate will go to your surviving spouse. However, if you pass away without a will and are married with children, your entire estate will not pass to your spouse as many clients often request in their will. Instead, your estate would be divided between your spouse and each of your children, with the spouse's share not to...
Help Protect Elders Against Fraud and Abuse29 Jun 2016 | 1:24 pmJune 15 was World Elder Abuse and Awareness Day, a yearly recognition begun in 2006 to call attention to the growing problem of fraud, abuse, neglect, and exploitation directed at elders. An estimated 5 million older Americans every year are victims, according to the Department of Health and Human Service's National Center on Elder Abuse. Seniors are especially susceptible to scam artists. But sometimes unscrupulous family members or associates can also be guilty of exploitation, fraud, or abuse. There are several steps you can take now to protect your loved ones and yourself from falling prey to scams and other exploitation in senior years. A Tennessee estate planning attorney can help you with many of...
How Can I Avoid Probate in Tennessee? Start by Titling Assets with Purpose17 Jun 2016 | 9:31 amI probably hear some variation of this concern more than any other in consulting with estate planning clients: the desire to avoid probate. Whether they have heard horror stories about probate or have been through a rough experience themselves, many folks see avoiding probate as an important way to ease the burden on their loved ones after they pass. There are two bits of good news for Tennesseans with this concern. First, the probate process in Tennessee is relatively straightforward and inexpensive compared with many other states. In itself, probate is nothing to fear. In fact, sometimes a little court oversight and help from an attorney can help assure surviving family members that they are handling...
I Have Young Children. What Should Be in My Will?3 Jun 2016 | 12:00 pmMost everyone should have a Last Will and Testament. Wills not only allow you (and not the state legislature) to determine how your assets will be distributed after your death, they also can help avoid costly and divisive family squabbles. For families with minor children, however, a will is especially important. There are two fundamental reasons why: First, a Will is an appropriate place to nominate a guardian for your minor children in the event that both parents pass away. Parents who want to have a say in who will be appointed to raise their children if they are unable need to take affirmative steps to communicate their wishes. There are several factors parents may want to consider in deciding whom to...
4 Essential Estate Planning Documents Every Person Needs18 May 2016 | 11:27 amConsider this Estate Planning 101, an introduction to some of the most important steps to take in planning for the future. Most people are aware that they need a Last Will and Testament. But that is not the only essential document in an estate plan. Below is a list of the 4 essential documents every estate plan needs. As you will see, estate planning is concerned with more than just what happens after you pass away. In fact, the first three documents are designed to assist you and your loved ones during your lifetime:

General Durable Power of Attorney – Who should handle your affairs if you are unable to do so? A General Durable Power of Attorney authorizes a person of your choosing to act on your...

Maryland Divorce Lawyer Blog
Hearsay Rule Prevents Maryland Mom from Testifying About Children's Statements14 Jul 2016 | 11:45 amA recent ruling by the Maryland Court of Special Appeals decided a case involving an unfortunately common scenario in family law cases involving custody and visitation, in which one parent claims she seeks only to protect her children from unsafe and unhealthy material and behaviors, while the other parent claims he is a fit and loving parent entitled to contact with his children. In these cases, one vital element of success is getting all of your evidence on the record. In this recent case, the mother was unable to admit into evidence her statements about the "sexually precocious" language the children used because her statements were inadmissible hearsay. The couple, Peter Meyer and Maria Martin,...
Mother and Children's Exit from the State Leads Maryland Courts to Decline Jurisdiction in Child Custody Case29 Jun 2016 | 8:05 amChild custody cases' resolutions are often the result of the specific facts unique to each case. In addition to being fact-intensive, these cases may also become very legally complicated when the residences of the family members involved span state lines. In one such case recently decided by the Maryland Court of Appeals, a Maryland father was unable to pursue a modification to his custody and visitation arrangement because the specific facts in his case indicated that the mother and children no longer had sufficient minimum contacts with Maryland, meaning that Maryland courts no longer had "continuing, exclusive jurisdiction" over the case. The parents, Christopher Childers and Jennifer Childers, married...
Factors that Go Into a Decision to Impute Income in a Maryland Alimony Case22 Jun 2016 | 12:53 pmThere are many factors that go into a Maryland alimony case. Courts must make decisions regarding recipient spouses' needs, as well as paying spouses' abilities to pay. Sometimes, these cases are made more complex when the recipient spouse hasn't been in the workforce for years, or has a medical condition that limits her ability to work. In the case of one Bel Air couple, the Court of Special Appeals recently upheld a ruling that imputed an income of more than $20,000 to the wife, a stay-at-home-mom and cancer survivor. The wife lost this part of her appeal because the evidence before the trial court did not demonstrate that she was unable to work. The couple in the case, Mark St. Cyr and Lauren St. Cyr,...
Highest Court in Maryland Upholds Child Support Award Interpreting "Artificial Insemination" Law27 May 2016 | 6:05 amThe Maryland Family Law Code makes clear that parents are responsible for their child's support, including their care, nurture, welfare, and education. While this may seem like a straightforward and reasonable legal concept, there are instances in which an alleged parent challenges this obligation or attempts to avoid the support obligation altogether. Local state agencies and courts work to ensure that a parent who is legally obligated to support a child actually fulfills that responsibility. In many divorce cases, a judge will require one party to pay monthly child support. To be sure that your financial interests are adequately protected upon separation from your spouse, you are encouraged to consult...
Maryland's Highest Court Addresses "Parentage" in Child Support Case13 May 2016 | 6:35 amEstablishing paternity or "parentage" is fundamental to a child's life for many reasons. For one, parents are legally responsible for the care and general welfare of their children, including financial support. Paternity becomes even more important in cases in which the alleged parents are divorced or have never been married. There are several ways in which parties may establish parentage under Maryland law. For instance, the parents may agree to sign an affidavit in support of paternity, a court may find that paternity has been established, or the father may undergo DNA testing. Virtually every aspect of family law is governed by the state code or established case law. In order to be sure your...
Morristown Personal Injury Law Blog
Too many car accidents are caused by driver fatigue25 Jul 2016 | 7:39 amNearly every New Jersey driver has gotten behind the wheel even though he or she was tired. However, there is a difference between being a little tired and being overtired. When a driver is seriously fatigued, serious or fatal car accidents can result. Reportedly, approximately 30 percent of all crashes are due to sleepy drivers. The symptoms of being fatigued can mimic those of being intoxicated. A driver's reaction times, concentration and ability to assess his or her surroundings are seriously diminished. People should most likely not be driving if they are having trouble keeping their eyes open, "zone out" or have difficulty remembering the last few minutes. However, like many intoxicated drivers,...
Hoverboards labeled dangerous products in recent recall11 Jul 2016 | 5:26 pmLast year, a large number of hoverboards were sold here in the United States, including in New Jersey. Since that time, no less than 99 complaints have been made regarding these dangerous products. The controversy surrounds the lithium battery packs used to power the devices. It did not take long after their release to the public for it to become clear that the hoverboards have the propensity to burst into flames and/or explode. The U.S. Consumer Product Safety Commission has looked into approximately 60 of the complaints across the country. The problem is that the lithium battery packs are not properly designed and overheat easily. According to the CPSC, the only hoverboards that are currently...
The Garden State Parkway sees many car accidents5 Jul 2016 | 9:12 amThe Garden State Parkway is a major roadway in New Jersey and considered one of the busiest toll highways in the country. Because of the amount of traffic it bears, numerous car accidents occur on it every year. One of those crashes recently�took the lives of two people and injured two others. The single-car accident took place sometime around 12:53 a.m. on a recent Saturday morning, which is the first time the wreck was reported. Preliminary reports indicate that the vehicle was traveling south on the parkway in the left-hand lane. Around mile marker 48.6, the driver, a 27-year-old man, somehow lost control of the vehicle. The car went off the right side of the roadway and crashed through the...
Numerous car accidents are caused by novice teenage drivers29 Jun 2016 | 7:28 amEvery day, teenagers across New Jersey get their driver's licenses. Even though experienced drivers make mistakes behind the wheel, the fact that teenagers are novice drivers also results in numerous car accidents. Some of those accidents result in fatalities. For example, on a recent Tuesday sometime prior to 4:37 p.m., a 46-year-old man was riding his motorcycle southbound on Route 15. As he approached an intersection, a vehicle from the right-hand lane began turning left and slammed into the motorcycle. When emergency responders arrived at the scene, the man was barely alive. Life-saving measures were taken at the scene that prolonged his life long enough to get him to a hospital in the area....
Motorcycle vs. car accidents can be deadly for riders21 Jun 2016 | 5:37 pmPedestrians, bicycle riders and motorcyclists are often considered to be the most vulnerable on the roadways. They do not enjoy the same protections as those in passenger cars and larger vehicles in car accidents, which means their injuries will most likely be more serious and could even be fatal. New Jersey drivers always need to be vigilant on the roadways, but they might need to take extra care when around motorcyclists, bicyclists and pedestrians. Recently, an 86-year-old driver failed to pay close enough attention and ran into a motorcycle. Police report that officers responded to the accident, which occurred on U.S. Highway Route 206 at approximately 4:15 p.m. on a recent Sunday. The driver of the...
North Texas Legal News
Texas Employment Hiring Checklist20 Jul 2016 | 10:42 amWhether a new business is preparing to hire its first employee or is revisiting its already-existing hiring procedures, making sure that the on-boarding process is done correctly and consistently will result in significant long-term benefits in terms of reducing stress associated with hiring new employees, decreasing legal risks arising out of improper hiring procedures, and ensuring that the business is protected if an employee happens not to work out and must be terminated. The following guide provides a basic list of forms that any Texas business should make part of its employee files.* 1. Employment Application. Every employee should fill out and sign an employment application. Make sure to keep...
Erasing Employer Files Costs Employee Severance Pay10 Jul 2016 | 8:44 amThe Fifth Circuit Court of Appeals, which presides over Texas, Louisiana, and Mississippi, recently held that an employer could deny employee his severance benefits under an ERISA benefits plan because the employee erased certain files from his computer before returning the laptop to the employer. In Gomez v. Ericsson, Inc., Gomez worked for telecommunications company for about three years before being laid off. Shortly after Gomez's termination, the company presented him with a severance agreement. Under its terms, Gomez was required to waive certain claims against the company and return the company's property in his possession. In exchange for doing so, the company promised Gomez severance pay...
Texas Supreme Court Rules Competitors Can be Excluded from the Courtroom12 Jun 2016 | 8:21 amUntil recently, companies suing for trade secret theft ran a risk of having to disclose to their competitors in open court certain aspects of their trade secrets in order to prove their claim. The companies often argued that they shouldn't have to give up their trade secrets in order to pursue their legal rights. On the other hand, defendants argued that they cannot defend against a claim when they don't know what they are accused of taking. Last month, the Texas Supreme Court clarified how such dilemma is to be resolved. The Court ruled that a company suing for trade secret misappropriation may exclude its competitor's representatives from the courtroom when their trade secrets are discussed,...
A Texas Company Loses a Non-Compete Battle Against California Employees31 May 2016 | 5:46 amCalifornia and Texas differ in many respects, including how they treat non-compete agreements. While Texas enforces non-compete restraints that are reasonable, California has declared such agreements unenforceable. Recently, a company headquartered in Texas attempted to enforce its non-compete agreements against two California employees. The agreements specifically stated that they "shall be governed and construed in accordance with the substantive laws of the State of Texas," that the company is based in Irving, Texas, and that the agreements are to be partially performed in in Irving, Texas. Despite this language, the trial court and then the Dallas Court of Appeals applied California law and...
A Texas Court Enforces an 18-month, 50-mile non-compete against a Texas Veterinarian24 May 2016 | 6:32 amThe Fort Worth Court of Appeals recently upheld an injunction enforcing an 18-month, 50-mile non-compete against a veterinarian, who accepted a job with a competing veterinary clinic within the 50-mile radius of her former employer. In Bellefuille v. Equine Sports Medicine & Surgery, Weatherford Division, PLLC (ESMS), the veterinary resident signed a non-compete and non-disclosure agreement with ESMS, which prohibited her from competing with the company within a 50-mile radius within 18 months after her residence ended. The agreement also prohibited her from using or disclosing ESMS's confidential information. When Bellefuille was told by ESMS that she would not get a job offer after her residency ended,...
Galveston Pharmaceutical Products Law Blog
Dangerous side effects are possible with many medications22 Jul 2016 | 6:45 amAlmost every Texas resident has seen either a television or print ad for�prescription�medication. The side effects listed in these ads are often so numerous that people tune them out. Unfortunately, the fact is that nearly every medication has multiple side effects with which one might be able to live in order to reap the benefits. However, many pharmaceuticals have dangerous side effects that could have severe or deadly health consequences. Even though the potentially deadly side effects are often touted as being rare or "not as common," there might be no way to tell when a patient is given a medication whether that patient will suffer dire consequences. Furthermore, many side effects have a cumulative...
Lawsuit says women are being injured by defective medical devices15 Jul 2016 | 6:42 amMany women in Texas and across the country are looking for a permanent method of birth control that does not involve invasive surgery. Bayer makes a device called the Essure Permanent Birth Control Implant that is touted as accomplishing this task. However, many of the women who have been implanted with these defective medical devices are suffering permanent injuries, and some are even dying. The Food and Drug Administration issued a Class 3 warning about the devices, which means that "unreasonable risk of illness or injury" can result from their use. The devices are supposed to cause a buildup of scar tissue in the fallopian tubes, which essentially sterilizes the woman using it since eggs are unable to...
Man claimed unsafe prescription drugs ruined his life7 Jul 2016 | 5:02 pmEven when a medication is correctly manufactured, the way in which it is prescribed can wreak havoc on patients here in Texas and across the nation. Some medications need to be closely regulated because they are considered to be narcotics and are highly addictive. When the required "fail safes" are not in place, these medications can quickly become unsafe prescription drugs. One out-of-state man claimed that three medications, Oxycontin, Oxycodone and Vicodin, essentially ruined his life. What started out as a prescription for back pain quickly spiraled out of control. Between 2008 and 2012, his doctor not only prescribed nearly 37,000 of the pills, but at higher than recommended dosages. Not unexpectedly,...
Lawsuit claims Xarelto has dangerous side effects30 Jun 2016 | 12:33 pmSome Texas readers might already be aware that Xarelto is an anticoagulant prescribed to thin a patient's blood in order to prevent a condition called�deep vein thrombosis (DVT), which can lead to life-threatening blood clots. For many people, this drug is life-saving. However, for others, there are life-threatening and dangerous side effects.� For example, a couple from a neighboring state recently filed a lawsuit against the makers of Xarelto claiming that taking the medication caused the husband to bleed excessively, which put his life in danger. The man took the dangerous medication for only a short time -- from June 19, 2015 through June 29, 2015. Even so, they claim that he suffered serious and...
Suit filed over alleged defectively manufactured medical device22 Jun 2016 | 8:26 amAutomated surgical equipment used in Texas and across the country is said to reduce the number of errors during procedures. One of those devices is the surgical "da Vinci" robot manufactured by Intuitive Surgery Inc. Recently, a lawsuit was filed against Intuitive,�Intuitive Surgical Operations Inc. (an affiliate of Intuitive) and others alleging that they allowed a defectively manufactured medical device into the medical community. The patients who filed the lawsuit underwent surgery to repair their mitral valves at the same hospital in the area. It was later discovered that metal shavings were left in their bodies by the device used in the procedure. Imaging done after their procedures showed pieces of...