Source: http://news.feedzilla.com/en_us/stories/law/video/350087617?client_source=feed&format=rss
Tuesday, December 31, 2013
Tenth Circuit Finds that Jury Must Determine Whether “Notes Are Securities” in a Securities Fraud Action
In United States v. McKye, No. 12-6108, 2013 U.S. App. LEXIS 17297 (10th Cir. Aug. 20, 2013), the United States Court of Appeals for the Tenth Circuit reversed the conviction of Brian William McKye for securities fraud in violation of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b). The Tenth Circuit held that in a criminal action for securities fraud, the jury must be permitted to determine whether a “security” actually exists. The Tenth Circuit held that the United States District Court for the Western District of Oklahoma erred in not leaving this issue for the jury to decide and instead giving the jury an instruction that “notes” are “securities.”
The United States charged McKye with eight counts of securities fraud, in violation of 15 U.S.C. §78j(b), and one count of conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956(h). Heritage Estate Services, LLC (“Heritage”), an entity owned or operated by McKye, prepared revocable trusts for its clients. Clients of Heritage who were unable to afford its trust preparation services were given an option to finance the costs and sign a promissory note agreeing to pay the balance due over a thirty-six-month period (the “trust loan”). Heritage also marketed certain investment notes titled “Premium 60 Accounts.” These notes guaranteed an annual return of between 6.5% and 19.275% for five years. Investors were told their investment notes were “backed by real estate and secured by liens that would be perfected by Global West.” Witnesses testified that some of the money received from the investment notes were used to pay investors, and Heritage and McKye’s personal and business expenses.
At trial, McKye requested the district court to instruct the jury that they must decide whether the investment notes at issue constituted “securities” under the applicable statutes. The district court rejected McKye’s request. It reasoned that “a note [is] considered a security, unless there are certain features to it.” The district court found that the notes at issue met the definition of “securities” and no evidence was presented to conclude otherwise. The jury convicted McKye on conspiracy and seven of the eight securities fraud counts. McKye appealed.
The Tenth Circuit reversed McKye’s conviction, holding that the trial court erred in rejecting McKye’s jury instruction request. The Tenth Circuit reasoned that under Reves v. Ernst & Young, 494 U.S. 56, 63 (1990), not all “notes” are “securities” and certain factors — e.g., motivation, distribution, expectation and risk — determine whether a “note” is a “security.” Thus, “the question of whether a note is a security has both factual and legal components” and is not necessarily automatically outside the province of the jury. However, the presence of a mixed question of law and fact is not sufficient to require a jury instruction. In relying on United States v. Gaudin, 515 U.S 506, 511-13 (1995), the Tenth Circuit noted that “mixed questions of fact and law must only be submitted to the jury if they implicate an element of the offense.” An element of securities fraud is the existence of a “security.” Therefore, since not all notes are securities and the existence of a security is an element of a securities fraud case, the jury should have been instructed to determine whether the investment notes at issue actually constituted “securities.”
The Tenth Circuit disagreed with the government’s argument that the failure to give McKye’s requested jury instruction was harmless error. McKye presented testimony at trial that there was insurance that ameliorated the risk to investors, which is one of the factors for determining whether a “note” is a “security,” and that the Premium 60 Accounts were partially secured by the trust loans. This evidence demonstrated that the issue of whether the investment notes constituted “securities” for the purposes of securities fraud was, in fact, contested.
The Tenth Circuit thus makes clear that in an action for securities fraud a jury, and not the court, must determine whether the “notes” at issue constitute “securities.” The Tenth Circuit reasons that not all “notes” are “securities,” and the presence of a “security” is a necessary element of securities fraud. It is the responsibility of the party alleging securities fraud to establish all of the elements of securities fraud, including the existence of a security. Consequently, the court may no longer direct a jury in such cases that the existence of a “note” is per se the existence of a “security.”
For further information, please contact David Geneson at (202) 218-0030, John Stigi at (310) 228-3717 or Mercedes Cook at (213) 617-4190.
lawyer colleges lawyer directory lawyer fees lawyer firm lawyer malpractice attorneys
Obesity can be a disability, at least in Montana
Obesity can be a disability, at least in Montana.
Full decision: BNSF Railway v. Feit (Montana 07/06/2012)
Feit got a ruling from the Montana Department of Labor that BNSF Railway discriminated against him by refusing to hire him because BNSF regarded him as being disabled due to his obesity.
BNSF then went to federal court to get a review of whether it violated the Montana Human Rights Act (MHRA) by refusing to hire Feit because of his obesity.
The federal court then asked the Supreme Court of Montana to decide how to rule, asking this question: Is obesity that is not the symptom of a physiological condition a "physical or mental impairment" as it is used in Montana Code Annotated section 49-2-101(19)(a)?
The Montana Supreme Court answered with a qualified yes. The court answered: Obesity that is not the symptom of a physiological disorder or condition may constitute a "physical or mental impairment" within the meaning of Montana Code Annotated section 49-2-101(19)(a) if the individual's weight is outside the "normal range" and affects "one or more body systems" as defined in 29 CFR 1630.2(h)(1)(2011).
The federal court laid out these facts:
1. BNSF offered Eric Feit a conditional offer of employment as a conductor trainee. The employment was conditioned upon successful completion of a physical examination, drug screening, background investigation, proof of employment eligibility, and BNSF’s Medical History Questionnaire.2. On February 6, 2008, BNSF informed Feit he was not qualified for his “safety sensitive” position because of the “significant health and safety risks associated with extreme obesity.”
3. BNSF told Feit he would not be considered for the job unless he either lost 10% of his body weight, or successfully completed additional physical examinations at his own expense. Regardless of the test results, BNSF did not guarantee Feit a job.
4. With the exception of a sleep study test, Feit successfully completed the additional physical exams BNSF requested. The sleep test cost at least $1,800, and Feit could not afford the test.
5. Because BNSF informed Feit that it would not consider him for the conductor trainee position unless he completed the sleep study, Feit set out to lose 10% of his weight.
6. A genuine dispute exists regarding whether BNSF received documentation of Feit’s weight loss.
The Montana Supreme Court noted that the EEOC Interpretive Guidance distinguished between conditions that were impairments and conditions that were simply physical characteristics, which suggested that a person with normal weight required a physical condition to qualify as an impairment. The court referred to the ADAAA which instructed courts that they were interpreting the statute too restrictively and expressed its specific intent that determination of disability not demand extensive analysis (122 Stat. at 3553-54).
The DISSENT noted that the definition of a "physical and mental impairment" included "any physiological disorder, or condition" that affects a major system of the human body (29 CFR 1630.2(h)(1)), and argued that the plain meaning required a physiological condition be present before an impairment existed.
Source: http://www.lawmemo.com/blog/2012/07/obesity_can_be.html
An Incredible Sale At Macy’s – You Want That? It’s $5!
So you didn’t hear about the sale at Macy’s where, for a very limited time, everything was $5? Well, there is a catch. There’s always a catch. As reported by wpbf.com:
Vasthi Marseille and Marline Santelus were arrested Thursday on charges of grand theft and organized scheme to defraud.
Wait. You’re arresting them for buying things on sale?
Police said the women [Macy's employees] selected almost $1,000 worth of merchandise that they manually marked down to $5 apiece while working at the Macy’s in the Town Center at Boca Raton.
Yeah. Who would ever figure that out? It’s not like it would be in the computer or anything. The back story of this brilliant crime is truly fascinating:
According to the arrest report, Marseille said she knew of another sales associate “who had done unauthorized price adjustments for other employees in the past,” so she figured “why not?”
Or not. Here’s the source, with photos of the ladies.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/zpLf6yfQAro/q-7.html
commercial law common law company law conservator copyright lawyer
Technology Audits for Your Firm – By Your Clients!
On this edition of The Digital Edge, hosts Sharon Nelson, Esq. and Jim Calloway invite lawyer, friend, and co-presenter Andy Perlman of Suffolk Law School to discuss the new technology audits for lawyers. Kasey D. Flaherty of corporate counsel for Kia Motors developed a technology audit to measure how efficiently lawyers are using technology and determine how much time (and clients’ money) they could be saving. Suffolk University is partnering with Flaherty to enhance and automate the audit. Tune in to hear more about the audit, the partnership with Suffolk, how to get involved, and more.
Andy Perlman is a Suffolk Law School professor and the director of the University’s Institute of Law Practice Technology Innovation. Perlman was the co-chief reporter for the ABA Commission of Ethics 20/20, which successfully implemented changes to the Model Rules of Professional Conduct and related ABA policies to address ethical issues from globalization and technological developments. He also contributes to the blog Legal Ethics Forum.
Andy Perlman is a Suffolk Law School professor and the director of the University’s Institute of Law Practice Technology Innovation. Perlman was the co-chief reporter for the ABA Commission of Ethics 20/20, which successfully implemented changes to the Model Rules of Professional Conduct and related ABA policies to address ethical issues from globalization and technological developments. He also contributes to the blog Legal Ethics Forum.
Thieves Literally Leave A Trail From Crime Scene
It was an easy day at the office for the police officers assigned to this caper. As reported by The Daily Mail:
It was an early festive gift for John Dacre who had called in ‘special branch’ after the [Christmas] trees and dozens of holly wreaths and festive decorations went missing from his nursery in Spenborough, West Yorkshire.
The thieves had even stolen two of his trollies to cart off their loot.
You were given a hint as to how they were caught…
… once Mr Dacre had spotted the incriminating pine needles on the ground the police were soon on the case.
Together they followed the trail along the Spen Valley Ringway and across fields, stopping at a house in Firthcliffe where the officers found the trees [dumped in a garden].
Ironically, the stolen trees were “supposed to be “low needle drop” trees which don’t shed so easily.” Mr. Dacre was clearly thrilled with the outcome.
‘The police were absolutely brilliant. We walked together following this trail through the pouring rain and I joked to them that all we needed was a big magnifying glass and then we’d be real supersleuths!’
The thieves, not so much. See, the police didn’t just find the stolen items at the house.
‘As an extra present, officers also found a cannabis farm at the address.’
Hmm. Perhaps the owners sampled the crop earlier that day? Here’s the source.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/H2_Cxv1OZvI/s-14.html
dui lawyer dumb laws dwi lawyer electronic power of attorney employment attorney
Future Law Office: Top Technology Trends Reshaping the Legal Field
In this video podcast of The Robert Half Legal Report, Charles Volkert, executive director of Robert Half Legal, and Robert Ambrogi, co-host of Lawyer2Lawyer on the Legal Talk Network discuss how law firms and corporate legal departments are leveraging technology to improve services and streamline workflow. They share key findings from Future Law Office, Robert Half Legal’s annual research program that examines important developments in the legal profession.
Monday, December 30, 2013
An Incredible Sale At Macy’s – You Want That? It’s $5!
So you didn’t hear about the sale at Macy’s where, for a very limited time, everything was $5? Well, there is a catch. There’s always a catch. As reported by wpbf.com:
Vasthi Marseille and Marline Santelus were arrested Thursday on charges of grand theft and organized scheme to defraud.
Wait. You’re arresting them for buying things on sale?
Police said the women [Macy's employees] selected almost $1,000 worth of merchandise that they manually marked down to $5 apiece while working at the Macy’s in the Town Center at Boca Raton.
Yeah. Who would ever figure that out? It’s not like it would be in the computer or anything. The back story of this brilliant crime is truly fascinating:
According to the arrest report, Marseille said she knew of another sales associate “who had done unauthorized price adjustments for other employees in the past,” so she figured “why not?”
Or not. Here’s the source, with photos of the ladies.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/zpLf6yfQAro/q-7.html
pro bono lawyers probate attorney real estate attorney real estate lawyer solicitor
The lawyer crisis from the other side
I wrote recently about the great chasm between lawyer supply and demand for legal services. I suggested that this is an age-old problem only because many lawyers are courting a very small market segment, the large companies of the world. The bulk of the consuming public has less ability to pay but still great need. And the Bar hasn't yet figured out how to incentivize lawyers to serve this need.
But perhaps the real issue is not so much the supply, but rather the lack of service provided by lawyers. The following several instances were reported to me from one who had repeated unpleasant interactions with lawyers. It's a shame that she had more than one such experience, but most people can identify with what happened to her.
"When we needed an immigration attorney," she says, "only one returned our calls of inquiry from the several my husband called locally. When we were looking for a lawyer for wills and other family matters recently, only one was interested in the bread and butter stuff we needed addressed." She continues by making the further observation, "Instead of using a lawyer, we used a 'non-lawyer' for our house sale; she was very efficient." She concludes that "... as consumers, we see the 'lawyer' crisis differently!."
Lawyers get a bad rap deservedly in too many instances!
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/pRYadWjFAvQ/
Kids’ Chance: Helping Children of Injured Workers
When someone is seriously injured or dies on the job, their family is left to pick up the pieces and sometimes the family’s education funds are at risk. Kids’ Chance is a national organization that funds educational scholarships for the children of injured workers, so that they can pursue their educational goals. In this podcast, Ringler Radio host Larry Cohen along with co-host, Bill Wright, talk with the Founder of Kids' Chance, Attorney Bob Clyatt, about the Kids’ Chance mission and how it has been instrumental in helping the children of injured families through the power of education.
immigration lawyers injury attorney injury attorneys injury lawers injury lawyer
The Importance of Civility in the Courtroom
Join the panel discussion on the importance of civility in the courtroom. Attorney Jill Mariani hosts a roundtable of these influential members in law:
• The Honorable James Holderman: The Chief Judge of the Federal District Court for the Northern District of Illinois joined the court in 1985 after he was nominated by President Ronald Reagan. He became Chief Judge in 2006. Holderman is also chair of the ABA’s Commission on the American Jury Project, which focuses on the implementation of the ABA Principles on Juries and Jury Trials into the courtroom and reaching out to the public about the importance of jury service and jury reform. • Dick A. Semerdjian: Attorney Semerdjian is chair of the ABA Tort Trial and Insurance Practice Section (TIPS). TIPS is the knowledge and leadership hub for trial practice and issues of justice that involve tort insurance and law. • MaryGrace Schaeffer: As vice president of DecisonQuest, Schaeffer has been a trial consultant for more than 22 years. Her expertise includes strategy and theme development, mock trials, witness evaluation and preparation, shadow juries, post-trial interviews and more. Listen to their thoughts on why legal professionals need to be cognizant of civility in the courtroom, the strategies they use to implement it, changes they’d like to see in the legal world regarding civility, and more.
• The Honorable James Holderman: The Chief Judge of the Federal District Court for the Northern District of Illinois joined the court in 1985 after he was nominated by President Ronald Reagan. He became Chief Judge in 2006. Holderman is also chair of the ABA’s Commission on the American Jury Project, which focuses on the implementation of the ABA Principles on Juries and Jury Trials into the courtroom and reaching out to the public about the importance of jury service and jury reform. • Dick A. Semerdjian: Attorney Semerdjian is chair of the ABA Tort Trial and Insurance Practice Section (TIPS). TIPS is the knowledge and leadership hub for trial practice and issues of justice that involve tort insurance and law. • MaryGrace Schaeffer: As vice president of DecisonQuest, Schaeffer has been a trial consultant for more than 22 years. Her expertise includes strategy and theme development, mock trials, witness evaluation and preparation, shadow juries, post-trial interviews and more. Listen to their thoughts on why legal professionals need to be cognizant of civility in the courtroom, the strategies they use to implement it, changes they’d like to see in the legal world regarding civility, and more.
Source: http://legaltalknetwork.com/podcasts/aba-tips/2013/04/the-importance-of-civility-in-the-courtroom
Content Marketing for Lawyers
If you want to market your practice by leveraging your expertise, content marketing may be your answer. Jared Correia, the host of The Legal Toolkit and Senior Law Practice Advisor with Mass. LOMAP, interviews Gyi Tsakalakis, the director of web marketing for AttorneySync, to get the skinny. Jared and Gyi discuss different types of content marketing and distribution platforms, the efficacy of paywalls and the skill set lawyers need to become effective content marketers.
Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2012/08/content-marketing-for-lawyers/
Petition for disciplinary action cites harassment of clients
A petition seeking disciplinary action has been filed against Minneapolis attorney Herbert Igbanugo.
The immigration attorney is accused of failing to adequately communicate with clients, charging unreasonable fees, bringing “frivolous and harassing litigation” against clients, “making false statements to the court,” and harassing former clients while attempting to collect fees, among other allegations.
In a brief conversation Wednesday, Igbanugo said the accusations against him are untrue and the petition takes things out of context. Minnesota Lawyer plans to review a 70-page response prepared by Igbanugo and will provide updates later this week.
In one case, Igbanugo is alleged to have sent his former clients a letter accusing the clients of trying to “punk” him. According to the complaint, in the letter Igbanugo pledged to pursue the clients with “hell and brimstone,” saying the client will be judged by God. “What I am saying to you is you will additionally suffer divine justice because this is sheer evil and wickedness,” the letter said.
Later, in that same case, after the Minnesota Supreme Court found that the clients owed Igbanugo $2,944 – far less than the $17,451 he had pursued in a lawsuit – he continued to bill the client for the higher amount.
Igbanugo has 20 days to respond to the petition.
You Be the Judge—Who’s Right on NSA Data Gathering?
Two federal judges took on the same issue of U.S. government data-gathering and reached diametrically opposed conclusions. Judge Richard Leon in Washington, D.C., ruled Dec. 16 that the National Security Agency’s bulk collection of phone records was “almost certainly” unconstitutional, while Judge William H. Pauley III in New York said Friday it was “lawful.”
Source: http://blogs.wsj.com/law/2013/12/27/you-be-the-judge-whos-right-on-nsa-data-gathering/?mod=WSJBlog
criminal lawyers cyber law defense attorney defense lawyer discrimination lawyers
AmEx Settles With Feds Over Add-On Products
American Express has agreed to pay a $16 million fine and issue nearly $60 million in customer refunds. The settlement with the federal government involves allegations that AmEx misrepresented the value of add-on services, such as identity theft protection.
» E-Mail This » Add to Del.icio.us
Source: http://www.npr.org/2013/12/25/257019722/amex-settles-with-feds-over-add-on-products?ft=1&f=1070
Sunday, December 29, 2013
'New Level' Of Scandal With LA Sheriff's Department
Host Arun Rath talks with Los Angeles Times reporter Robert Faturechi about the troubles facing the L.A. County Sheriff's Department. More than a dozen current and former deputies face federal charges stemming from allegations of abuse and corruption.
» E-Mail This » Add to Del.icio.us
Source: http://www.npr.org/2013/12/22/256351922/new-level-of-scandal-with-la-sheriffs-department?ft=1&f=1070
federal attorney financial lawyer find a lawyer find an attorney find attorney
Cyber Risk Management for Lawyers
Lawyers hold some of their clients’ most private communications, which makes them a top target of all hackers. As technology competence becomes the required norm, lawyers need to understand not only how to protect their clients’ information but how to react if a cyber attack does happen. On this episode of Digital Detectives, Sharon D. Nelson, Esq. and John W. Simek invite Steven Chabinsky to discuss cyber-risk management for lawyers.
Steven Chabinsky is senior vice president of legal affairs, general counsel, and chief risk officer for the cyber-security-technology firm CrowdStrike. He is also is an adjunct faculty member of George Washington University and the cyber columnist for Security Magazine. Prior to joining CrowdStrike, Chabinsky had a distinguished 17-year career with the FBI, during which he was the top cyber lawyer, then the head of the Cyber Intelligence Section, and ultimately deputy assistant director of the FBI's Cyber Division.
Tune in to hear the major threats law firms are facing, what lawyers should do if their systems are hacked, and the future of cyber threats and cyber security.
Thanks to our sponsor, The Digital WarRoom.
Steven Chabinsky is senior vice president of legal affairs, general counsel, and chief risk officer for the cyber-security-technology firm CrowdStrike. He is also is an adjunct faculty member of George Washington University and the cyber columnist for Security Magazine. Prior to joining CrowdStrike, Chabinsky had a distinguished 17-year career with the FBI, during which he was the top cyber lawyer, then the head of the Cyber Intelligence Section, and ultimately deputy assistant director of the FBI's Cyber Division.
Tune in to hear the major threats law firms are facing, what lawyers should do if their systems are hacked, and the future of cyber threats and cyber security.
Thanks to our sponsor, The Digital WarRoom.
Source: http://legaltalknetwork.com/podcasts/digital-detectives/2013/09/cyber-risk-management-for-lawyers
NSA’s Phone Data Collection Program Lawful, Federal Judge Rules
A federal judge in New York on Friday ruled that the National Security Agency’s broad collection of U.S. phone customer data is lawful, dismissing a complaint filed by the American Civil Liberties Union.
traffic lawyer traffic ticket lawyer absolute power of attorney attorney attorney at law
Newtown Report Offers Few Insights Into School Shooting
The exhaustive compilation of evidence adds details to a summary released by authorities last month showing that shooter Adam Lanza had a fascination with guns and mass shootings.
From the Courtroom to the Comedy Club
Lawyers are very often the brunt of jokes, but there is a group of attorneys that has turned the tables and is making people laugh with them instead of at them. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, share the stage with two of the Comedians At Law. Alex Barnett and Matt Ritter explain how they transitioned from lawyers to comics and how they now make people laugh at the lighter side of the law.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/08/from-the-courtroom-to-the-comedy-club/
California Tax Relief for Sellers of Qualified Small Business Stock
On Friday October 3, 2013, Governor Brown signed into law AB 1412, which provides full relief for individuals affected by the decision in Cutler v. Franchise Tax Board, where the California Court of Appeal held that the California tax incentives relating to the sale of qualified small business stock discriminated against interstate commerce and were therefore unconstitutional.
Under the new legislation, which is retroactive in application, all shareholders selling qualified small business stock (QSBS) will qualify for the gain deferral and 50% exclusion incentives, regardless of the percentage of the corporation’s assets used in the conduct of business in California or the percentage of corporation’s California payroll.
The Franchise Tax Board had previously taken the position, expressed in FTB Notice 2012-03, that the court’s decision in Cutler made California’s entire QSBS statute invalid and unenforceable, and, as a result, all QSBS gain exclusions and deferrals previously allowed under California law became invalid. Taxpayers who previously took advantage of California’s treatment of QSBS in years still open for assessment under the 4-year statute of limitations rule (generally 2008 and later) were therefore required to recompute their taxable income for each affected year and file amended returns without excluding or deferring gains from the disposition of QSBS. With the enactment of AB 1412, there is now full (retroactive) relief for individuals affected by the Cutler decision.
For taxpayers who filed their 2008 – 2012 tax returns and were contacted by the FTB regarding their QSBS election, the FTB will notify them of the following:
- Pending Notices of Proposed Assessments based on the Cutler decision or FTB Notice 2012-3 will be withdrawn.
- Closing letters will be mailed to taxpayers who signed a limited QSBS waiver for 2008.
- Unpaid tax, interest, or penalty assessed as a result of the Cutler decision/FTB Notice 2012-3 will be abated.
- Refunds for payments received related to the Cutler decision/FTB Notice 2012-3 will be issued. No action is needed by taxpayers to request refunds, unless they do not hear from the FTB by November 30, 2013.
Taxpayers who filed their 2008–2012 tax returns and did not claim the QSBS election may now do so. However, the FTB’s position is that the QSBS must have met the 80% California payroll requirement at the time of acquisition to claim the 50% gain exclusion or deferral in order to file an amended return (claim for refund) if the statute of limitations is open.
Information from the FTB can be found here.
Remer attorney suspended for six months
Attorney Arlie Martin Fundaun has been suspended for six months by order of the Minnesota Supreme Court.
Fundaun, of Remer, Minn., waived his procedural rights and admitted the allegations in the petition brought against him. In that petition, it was alleged that Fundaun “fail(ed) to communicate with a client, fail(ed) to diligently and expeditiously handle a client matter, ma(de) false statements to a client, engag(ed) in the unauthorized practice of law, and fail(ed) to cooperate with disciplinary investigations.”
Fundaun will be suspended for a minimum of six months and can then petition for reinstatement.
Source: http://minnlawyer.com/minnlawyerblog/2013/12/20/remer-attorney-suspended-for-six-months/
attorney directory attorney fees attorney finder attorney law attorney lawyer
Hudson named chief deputy AG
(AP) — Virginia Attorney General-elect Mark Herring says Hampton city attorney Cynthia Hudson will serve as his chief deputy once he takes office on Jan. 11. Officials said Thursday that Hudson will oversee day-to-day legal operations of the attorney general’s office and provide top-level professional legal services. Hudson has served as Hampton’s city attorney for the ...
Source: http://valawyersweekly.com/2013/12/27/hudson-named-chief-deputy-ag/
Saturday, December 28, 2013
Starting Your Own Bankruptcy Practice
Did you ever think of starting your own bankruptcy practice? New Solo host and solo practitioner, Attorney Kyle R. Guelcher chats with Attorney Christina M. Turgeon, about some of the pros and cons of opening a bankruptcy practice, professional organizations a new lawyer should join when starting a bankruptcy law practice and important resources that would assist a new bankruptcy law practitioner.
Source: http://legaltalknetwork.com/podcasts/new-solo/2012/10/starting-your-own-bankruptcy-practice/
colleges for lawyers colorado disability lawyer commercial law common law company law
War On Christmas Decorations?
Seriously, who doesn’t like Christmas decorations? Well, there is this one guy … As reported by on boston.cbslocal.com (from a report by wbz-tv):
Snow covers what’s left of a family’s Christmas display in Derry, New Hampshire after a vandal destroyed almost all of their giant inflatable decorations on the front lawn.
“I actually woke up to my aunt crying,” said Nicole Paulin who lives at the home with her aunt and uncle. “She said they struck again. She was just in hysterics. It killed me to see her because those are her pride and joy.”
Surveillance video captured the Christmas Scrooge in action – the culprit slashing six of the family’s eight inflatable displays multiple times. The decorations included a Frosty the Snowman, a Santa and sleigh, and a snow globe.
Murderer! But really, what an asinine thing to do. It’s just mean. And this wasn’t even the first time.
Vandals first struck in November, but the family was able to duct tape the damage.
All was not lost, though.
One bright spot: the Londonderry Home Depot heard about what happened and this morning showed up with 9 replacements.
Here’s the source, including a video with footage of the vandal.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/DTy7liYGx3E/qw.html
Ramapough Indians Allege Movie Depicts Them as a Rabble
Members of the Ramapough Mountain Indians claim the newly released film "Out of the Furnace" falsely portrays them as lawless, violent, impoverished and drug-addicted inbreds.
letter of attorney litigation attorney local attorney local lawyer local solicitors
Command Prompt
Radley Balko picks up yet another incredibly sad story borne of the inherent conflict between protect and serve out of Hillsborough County, Florida. From the Tampa Bay Times:
© 2007-13 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.
Allen Daniel Hicks Sr., 51, was found stopped in his car on the side of Interstate 275 by a sheriff's deputy and a Florida Highway Patrol trooper the morning of May 11, 2012. Passers-by had called 911 after they saw Hicks' Chevy Cavalier swerving west into a guardrail, records of the incident show.
Speaking incoherently and unable to move his left arm, Hicks was arrested on a charge of obstructing a law enforcement officer when he did not respond to commands to exit his car. Just after noon, he was booked into the Orient Road Jail.
As police approached Hicks' car on the side of the interstate, one of two things could have happened. They could have sought to determine if he was okay or the could have acted in a way that enforced the First Rule of Policing without regard to why a car was stopped on the side of the road. They chose the latter.
Police always invoke their "life and death decision-making" as a justification to cut them some slack in the performance of their duties. It's a cop-meme upon which they can rely to rationalize a poor outcome from a wrong choice. The approach to Allen Hicks' car reflects the fallacy of the rationalization.
Hicks wasn't approached because he was thought to be a bad guy, a criminal, a person who threatened anyone, police officer included, with harm. He was there, on the side of the road, where he shouldn't be in the ordinary course of affairs. Something was amiss. What that something was, however, was an unknown.
Dealing with an unknown is very much a part of the police function, but that doesn't turn every unknown into a threat to police safety and a violation of The First Rule. There was nothing about Hicks to suggest any threat to police. Rather, it was the initial choice made, to approach as if a threat existed and issue a command, that gave rise to a hostile and fearful attitude by police.
Lunsford and Guzman became worried when Hicks did not obey commands to show his hands and exit the car. Seeing that Hicks' left hand was drooping into the side pocket of the driver's door, the officers pulled their handguns.
Hicks still acted befuddled, saying to Lunsford, "that's a 9-millimeter semiautomatic gun that you have," the report states. After ascertaining Hicks was unarmed, Lunsford and Guzman pulled him out of the car through the passenger door and handcuffed him.
When an officer commands a deaf man to do something, he won't comply. He can't hear. There is absolutely nothing the deaf man can do about it, as not even the command of a police officer enables a deaf man to hear. He attempts to alert the officer to his inability to hear, which is later characterized as "erratic" or "threatening."
The officer doesn't "know" the man is deaf, and thus assumes the noncompliance to reflect a threat and challenge to the officer's authority, which (as the officer is trained) is an intolerable situation that is most likely to result in harm befalling the officer. The officer acts upon the perceived threat. On a lucky day, the deaf man is merely tased, beaten and cuffed. On a bad day, he ends up like Hicks.
The initial perception that Hicks was, in some inexplicable way, acting criminally pervaded the perception of him in what followed:
Hicks did not receive a medical screening, but was put in a cell where he lay facedown on the floor or tried to crawl using the one working side of his body. On the night of May 12, soaked in his own urine, his brain choked of blood, he was at last taken to Tampa General Hospital and diagnosed with an ischemic stroke. He slipped into a coma and died within three months.
The Hillsborough County Sheriff's office didn't deny they blew it, and their failure resulted in Hicks' death. It would have been hard (though not impossible) to do otherwise. They announced a plan to train their deputies better to discern the symptoms of a stroke.
But that covers a tiny aspect of what went horribly wrong here. They can retrain cops to be more aware of a stroke, or of a deaf person, or of mentally ill person, but they will never be capable of providing such exacting training for every ailment, situation, circumstance that life will put in their way. The fault isn't lack of specific training to identify a stroke, but of the approach, the attitude, that every unknown is assumed to be a threat to their safety such that they will shoot first, tase first, beat first, arrest first, under The First Rule of Policing.
But what of their safety, you ask? Is it not reasonable for a police officer to operate under the default assumption that everything they don't know constitutes a potential threat? Is it not reasonable for a police officer to ground his conduct in his desire to make it home that night unharmed?
Yes. And no. It is not unreasonable for a cop to want to live, and not want to risk his life. It is similarly not unreasonable for a deaf man or a stroke victim to want to survive. It is not unreasonable for either to believe that being deaf or suffering a stroke will not result in their execution, whether quickly by bullet or prolonged by subsequent neglect. And if we're forced to make a choice between who bears the risk of death, the risk must fall on the person who deliberately chose to wear a shield with the knowledge that he selected a job that was potentially dangerous.
Yet Allen Daniel Hicks Sr, is dead for nothing. Feeling badly about it afterward isn't a solution. Neither is the money his family will get from the lawsuit. He should have lived.
© 2007-13 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.
Source: http://blog.simplejustice.us/2013/07/16/command-prompt.aspx?ref=rss
From the Courtroom to the Comedy Club
Lawyers are very often the brunt of jokes, but there is a group of attorneys that has turned the tables and is making people laugh with them instead of at them. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, share the stage with two of the Comedians At Law. Alex Barnett and Matt Ritter explain how they transitioned from lawyers to comics and how they now make people laugh at the lighter side of the law.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/08/from-the-courtroom-to-the-comedy-club/
employment law courses employment lawyer employment lawyer san diego employment lawyers estate attorney
Protip: Don't Screw With Old Folks
A squad of 18 deputies in Cook County were very aggressive in trying to collect money from deadbeat dads, using whatever methods they needed to bring these culprits to justice. When they put a gun to 77-year-old Merien Macon's head, however, they messed with the wrong person. From the Chicago Tribune:
© 2007-13 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.
When the unit arrived at the Macons' home, two weeks before Merien's arrest, officers had two outstanding warrants for couple's son, Derrick Macon, then 50, including one for child support. Officers insisted they be allowed into the home, William Macon said.
Because the officers did not have a search warrant, William Macon refused, he said.
William Macon, 83 years old, wasn't to be easily pushed. You gotta love tough old birds. And before anyone gets all bent out of shape about his "derelict" deadbeat son, it turns out that while the team knew all about the outstanding warrants for child support, they somehow missed the order holding that he wasn't the father of the child. But let's not have facts impair a good story.
When the deputies saw Merien drive up to the back of the home, they approached with guns drawn — one pointed at her head as she sat in the car — and pressed her about her son's whereabouts, according to the lawsuit.
"I was really surprised when they walked up with their guns," Merien Macon, a retired clerical worker, said last week. "I was scared. I was shocked. I was surprised."
Macon, who had dropped off her son earlier, told them she didn't know where he was and she did not want to answer questions, [Macon's lawyer, Elizabeth] Kaveny said.
And so the deputies, duly chastised by their overly violent conduct frightening a nice old woman, apologized profusely and left her in peace outraged by her refusal to do as they commanded, decided to teach an old woman a lesson.
At that point, Merien Macon became upset and told the officers she would not speak to them. The officers handcuffed, frisked and arrested Merien Macon on a charge of obstruction of justice.
The officers then took her to a nearby parking lot, where they gave her a phone and told her to call her son and find out where he was.
Merien's husband, William, a retired electrician, called that "a hostage situation," attempting to trade off his wife for his son. The sheriff's office claimed that was not at all the case, and they were just being thoughtful.
The sheriff's office denied attempting to pressure Macon to call her son and said she was moved to the parking lot because her husband had become upset and neighbors were starting to gather.
They didn't want to upset old William by forcing him to watch her cuffed, frisked and with guns pointed at his wife's head. A very sensitive gesture in law enforcement, likely to win a medal at some point.
The Macons sued for what was done to Merien.
Merien Macon was charged with felony obstruction of justice, leading her to file a lawsuit against Sheriff Tom Dart and the officers involved. A Cook County jury recently sided with her, awarding Macon $327,500 and agreeing with her husband that what happened that afternoon went too far.
Frankly, that's a very healthy award, give that most plaintiffs in her situation could hope for a fraction of that at best. But then, picture a jury hearing the testimony in this case, looking at the 77-year-old woman and her loving 83-year-old husband, and pondering the cuffs on her wrists, the hands on her body, the gun at her head, all over a mistaken child support warrant. It doesn't get more sympathetic than this.
"I've seen this type of thing over and over and over," William Macon said. "But when it happens to you it becomes more personal."
Truth. Unless you happen to be knowledgeable about your rights, have the guts to assert them with a gun pointed at your head and, purely by happenstance, a couple of cool codgers, chances aren't good you would end up with a verdict of this magnitude. This makes it an exceptionally good reason to both applaud the Macons, and to care a whole lot about when things like this happen "over and over and over." Because next time it could be you, and it will, without question, become "more personal."
H/T Spencer Neal
© 2007-13 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.
Source: http://blog.simplejustice.us/2013/07/13/protip-dont-screw-with-old-folks.aspx?ref=rss
Bombs Away: Erasing Information in the Big Data Era
In this April edition of Law Technology Now, host Monica Bay, editor-in-chief of ALM’s Law Technology News, joins Barclay Blair, founder of ViaLumina an information governing consulting service, to talk about the idea of digital data being erased. We know that simply putting it in the trash can on our desktop isn’t enough, but can it be done? They will also discuss mobile apps which claim they immediately erase data like Snapchat: Does this data actually self destruct? And is using apps like this a liability in court because it looks like there is something to hide?
find a lawyer find an attorney find attorney find lawyer free attorney consultation
The Soft Skills Every Paralegal Needs
Hard skills can be taught in school – things like speaking a foreign language, earning a degree or certificate, or the ability to type efficiently. Soft skills are more complicated to master. Examples of soft skills are critical thinking, problem solving, communication, and flexibility. A valedictorian may lack a necessary soft skill for a role, and this could be the deciding factor of hiring someone else. In this edition of The Paralegal Voice, host Vicki Voisin invites Ann L. Atkinson, ACP and Elizabeth H. Nellis, ACP to discuss the necessary soft skills and specific programs where paralegals can learn them.
Atkinson is the president of the National Association of Legal Assistants (NALA). She is an Advanced Certified Paralegal in the public finance department of her firm, Kutak Rock LLP. Bringing significant experience to the table, Atkinson has been a paralegal for more than thirty years.
Nellis is an Advanced Certified Paralegal with NALA. Her work is concentrated in private practice and litigation. She is a co-founder of the Oklahoma Paralegal Association and is a member of the Professional Development Committee for NALA.
Special thanks to our sponsors NALA and ServeNow.
Atkinson is the president of the National Association of Legal Assistants (NALA). She is an Advanced Certified Paralegal in the public finance department of her firm, Kutak Rock LLP. Bringing significant experience to the table, Atkinson has been a paralegal for more than thirty years.
Nellis is an Advanced Certified Paralegal with NALA. Her work is concentrated in private practice and litigation. She is a co-founder of the Oklahoma Paralegal Association and is a member of the Professional Development Committee for NALA.
Special thanks to our sponsors NALA and ServeNow.
Source: http://legaltalknetwork.com/podcasts/2013/12/the-soft-skills-every-paralegal-needs
Friday, December 27, 2013
Mediation in Workers’ Compensation Cases
In this edition of Workers’ Comp Matters, host Alan Pierce chats with Teddy Snyder on the ins and outs of mediation regarding workers’ compensation cases. For those working in mediation, looking to work in mediation, or looking for a mediator to handle a case of their own, Snyder covers all the bases. Tune in to hear the advantages and disadvantages of mediation, a mediator’s role and goals on the job, and how to be most effective for their clients.
Teddy Snyder has been working as an attorney for more than 30 years. Licensed to practice law in Illinois and California, she is currently running a solo practice focusing on workers’ compensation mediation cases in the sunshine state. Her goal is to create a win-win settlement for not only her clients, but all parties of the case.
Teddy Snyder has been working as an attorney for more than 30 years. Licensed to practice law in Illinois and California, she is currently running a solo practice focusing on workers’ compensation mediation cases in the sunshine state. Her goal is to create a win-win settlement for not only her clients, but all parties of the case.
probate attorney real estate attorney real estate lawyer solicitor solicitors
Paralegal Career Opportunities in Litigation Support
On The Paralegal Voice co-host Vicki Voisin welcome’s guests Ann L. Atkinson, ACP, NALA President, Michael Potters, CEO/Managing Partner of Glenmont Group, Inc. and Patrick Oot, co-founder of the Electronic Discovery Institute for a lively discussion about career opportunities for paralegals in the area of litigation support, particularly eDiscovery and technology.
The Return of Black Lung and the Law
A recent investigation found the rate of miners diagnosed with Black Lung Disease is surging after nearly three decades of decline. Some blame lenient regulations, lax enforcement, even manipulation of air samples from mines. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, get the reasons behind this shocking increase and a breakdown of Black Lung litigation from Chris Hamby, the author of the Center for Public Integrity report, and Attorney Stephen Sanders, the director of Appalachian Citizens’ Law Center.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/07/the-return-of-black-lung-and-the-law/
employment lawyers estate attorney family law family lawyer federal attorney
MILOfest: A Conference for Mac-User Attorneys
MILO, short for Macs in the Law Office, started as a listserv for attorneys using Apple products in their law practices. Since it’s inception, the interest has increased to support MILOfest: a conference centered around how to use Apple products to benefit law practice. In this edition of Legal Toolkit, host Heidi Alexander invites the founder of MILOfest, Victor Medina, to discuss the goals and benefits of his unique conference, how it’s growing, and what to look forward to for MILOfest 2014.
Medina is an estate planning attorney in New Jersey. In addition to being the managing member of his practice, he is also an avid contributor to the MILO listserv.
Medina is an estate planning attorney in New Jersey. In addition to being the managing member of his practice, he is also an avid contributor to the MILO listserv.
Defending Big Data
On this October edition of Law Technology Now, host Monica Bay, editor-in-chief of ALM’s Law Technology News, chats with Mark Melodia, partner at Reed Smith and Antony Kim, a partner at Orrick, to discuss the Law Technology News October cover story, Defending Big Data.
Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/10/defending-big-data/
copyright lawyer corporate law corporate lawyer criminal attorney criminal defence lawyer
Email scam: Message purports to be from court
Some District Courts have reported calls from members of the public saying they received an email telling them they must appear in court. The message, with the title “Notice to Appear,” contains the phone number of a local court and asks the recipient to open an attachment — a common tactic for scammers attempting to spread a virus or gain access to the recipient’s computer.
Recipients should be aware that the email did not come from the Minnesota Judicial Branch or the district courts, says court communications director John Kostouros.
Source: http://minnlawyer.com/minnlawyerblog/2013/12/23/email-scam-message-purports-to-be-from-court/
Best Billable Hour Practices for Paralegals
Are you looking for answers when it comes to billable hour practices? Paralegal Voice co-hosts Lynne DeVenny and Vicki Voisin join Jennifer Karns, Legal Professional Training Manager for Snell & Wilmer L.L.P., as they discuss billable hour practices. Jennifer emphasizes the importance of meeting billable hour goals and adding value to time entries. She also shares essential tips for improving your billing descriptions and capabilities.
The Importance of Civility in the Courtroom
Join the panel discussion on the importance of civility in the courtroom. Attorney Jill Mariani hosts a roundtable of these influential members in law:
• The Honorable James Holderman: The Chief Judge of the Federal District Court for the Northern District of Illinois joined the court in 1985 after he was nominated by President Ronald Reagan. He became Chief Judge in 2006. Holderman is also chair of the ABA’s Commission on the American Jury Project, which focuses on the implementation of the ABA Principles on Juries and Jury Trials into the courtroom and reaching out to the public about the importance of jury service and jury reform. • Dick A. Semerdjian: Attorney Semerdjian is chair of the ABA Tort Trial and Insurance Practice Section (TIPS). TIPS is the knowledge and leadership hub for trial practice and issues of justice that involve tort insurance and law. • MaryGrace Schaeffer: As vice president of DecisonQuest, Schaeffer has been a trial consultant for more than 22 years. Her expertise includes strategy and theme development, mock trials, witness evaluation and preparation, shadow juries, post-trial interviews and more. Listen to their thoughts on why legal professionals need to be cognizant of civility in the courtroom, the strategies they use to implement it, changes they’d like to see in the legal world regarding civility, and more.
• The Honorable James Holderman: The Chief Judge of the Federal District Court for the Northern District of Illinois joined the court in 1985 after he was nominated by President Ronald Reagan. He became Chief Judge in 2006. Holderman is also chair of the ABA’s Commission on the American Jury Project, which focuses on the implementation of the ABA Principles on Juries and Jury Trials into the courtroom and reaching out to the public about the importance of jury service and jury reform. • Dick A. Semerdjian: Attorney Semerdjian is chair of the ABA Tort Trial and Insurance Practice Section (TIPS). TIPS is the knowledge and leadership hub for trial practice and issues of justice that involve tort insurance and law. • MaryGrace Schaeffer: As vice president of DecisonQuest, Schaeffer has been a trial consultant for more than 22 years. Her expertise includes strategy and theme development, mock trials, witness evaluation and preparation, shadow juries, post-trial interviews and more. Listen to their thoughts on why legal professionals need to be cognizant of civility in the courtroom, the strategies they use to implement it, changes they’d like to see in the legal world regarding civility, and more.
Source: http://legaltalknetwork.com/podcasts/aba-tips/2013/04/the-importance-of-civility-in-the-courtroom
Thursday, December 26, 2013
Child Sexual Abuse Litigation in the Los Angeles United School District
School should be a safe environment for our children, but in a shocking case in Los Angeles, California, Forrest Stobbe, a teacher at Queen Anne Elementary School, pleaded no contest to continuous sexual abuse of a child. As multiple other claims involving Latino children are revealed in LAUSD, calls for further investigation are underway In this podcast, Ringler Radio host Larry Cohen along with co-host, Manny J. Valdez, Jr. and guest, Stephen J. Estey, founding partner of Estey & Bomberger LLC, and a legal champion for sexually abused children, take a look at these disturbing cases, the school district's liability and the quest to protect our children.
cyber law defense attorney defense lawyer discrimination lawyers district attorney
Dayton appoints Vandelist to bench in Le Seur County
Gov. Mark Dayton on Monday appointed Mark C. Vandelist as District Court Judge in Minnesota’s 1st Judicial District. Vandelist will be replacing Edward I. Lynch, who retired earlier this year. The judgeship will be chambered at Le Center in Le Sueur County.
“I am pleased to appoint Mr. Vandelist to serve the people of the First Judicial District,” said Governor Dayton in a press release announcing the appointment. “Mr. Vandelist has proven himself to be astute in the law, and a leader in his community. I have great confidence that he will execute his duties as judge with excellence and integrity.”
Vandelist is a trial attorney and partner at Vandelist & Vandelist where he primarily handles personal injury cases and provides pro bono services in criminal areas. He previously served as a trial attorney at Heuer & Vandelist and Cousineau McGuire Chartered. Mr. Vandelist earned his B.A. from American University in Washington, D.C. and his J.D. from the Hamline University School of Law.
Additionally, Mr. Vandelist is a certified civil trial specialist, serves as an arbitrator with the American Arbitration Association. He lives with his family in Lakeville.
Minnesota’s 1st Judicial District consists of Carver, Dakota, Goodhue, Le Sueur, McLeod, Scott and Sibley counties.
Subscribe to:
Posts (Atom)