Jonathan Frank

American Airlines Pilot James Yates showed up at the Manchester, England airport for the Manchester- to-Chicago flight. Yes he was a little late, and DRUNK! Almost 8 times the legal limit...

If it turns out they’re right, will there be someone we can sue? [Oliver; more on government's tendency to expose the public to risk] Tags: salt Related posts Update: “Sodium lawsuit against Denny’s dismissed” (0) The odium of sodium (2) Stossel on the food police (3) Shaker abstinence: FDA to regulate salt in food (15) Salt reactions (7)

Except for some very limited exceptions, explained below, police officers have no right to enter your home. 

1. If they have your consent to enter:
If police officers come to your door and ask to be let in and you let
them in, it is not illegal for them to enter. However, police officers
may not coerce your consent. For example, if an officer comes to your
door and threatens to arrest you unless you let him in, or threatens to
call ACS to take your children, or acts loud and threatening , you have
not really "consented." You let them in under threat. If the officers
have coerced your consent, you may be able to bring a claim against them
for illegal entry into your home.

2. The police have a search warrant:
If police officers have a valid search warrant that particularly
describes your home, the police may enter without your permission. If
the warrant does not particularly identify your home, the police have no
right to enter. For example, if you live in a three-unit building and
the search warrant does not identify which apartment can be entered, the
police may not enter and search all the apartments. They must withdraw
and obtain a warrant identifying the specific apartment at the address.

3. The police have an arrest warrant:
If the police have a valid arrest warrant and they have a reasonable
belief that the person named in the warrant lives in your home, the
police may enter to capture the suspect. Police may NOT enter your home,
even with an arrest warrant, if they believe that their suspect does
not live in your home.

4. Contraband is in plain view:
The Constitution protects us in our homes because we have a right to
expect privacy and to be left alone, but if you do things that do not
show that you expect privacy the police may have the right to enter your
home without your permission. For example, if you leave your door open
and anyone walking by can look inside your home, you cannot be said to
have an expectation of privacy in the areas of your home that are in
plain view. If you have contraband in plain view, the police may enter
your home without your consent to seize the contraband and conduct a
search.

5. Capturing a fleeing felon: If a person
who has committed a serious crime run into your home to avoid the
police, the police can pursue the suspect into your home for the sole
purpose of capturing the felon. The police may do a "safety sweep" of
your home to ensure against potential attackers. That means they can
search places where a person can hide, but not in drawers and other
small, personal spaces.

6. Emergency situations:
The police can enter your home in a legitimate emergency. If your home
is on fire, for example, police and other emergency workers can enter
your home without your permission.

If you believe the police have
entered your home illegally, try to get as many names and badge numbers
as you can. Usually, one supervisor will be leading the team, so try to
get that officer's name and/or shield number. Note the time and date then call the New York Civil Rights lawyers at Stoll, Glickman & Bellina, LLP.  We can help you bring a claim for
illegal entry into your home and pursue charges against the police.  We are not afraid to take on NYPD; we do it
every day. Call us for a free consultation if you think your rights have been violated by an illegal search and seizure.

www.stollglickman.com

Know your rights — enforce your rights!

Continue reading "Police Misconduct -- When Police Officers Enter Your Home"

Kennedy Clark & Williams is pleased to announce that Stephen A. Kennedy and Steven E. Clark have been recognized by Texas Super Lawyers as among the top attorneys in Texas for 2011, a distinction earned by fewer than five percent of lawyers in the state.  Zac Duffy was included on the Super Lawyers "Rising Stars" list, which recognizes the top young attorneys in Texas.

 

Kennedy Clark & Williams focuses on intellectual property, employment law, and commercial litigation.  “Our firm was founded on the principles of integrity, quality legal counsel, and responsiveness to our clients’ needs,” says Steve Kennedy.  “We appreciate this honor and consider it a reflection of the value we provide to our clients.”

 

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.  Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. 

Most new screenwriters share a dream that Stephen Spielberg or David Fincher is going to pluck their script out of a big pile, fall in love with it, and offer them $1,000,000 against 10% of the gross in a pay-or-play deal to produce it.

The sad reality is that what is far more likely is that instead of a sale to a major studio, some little known “producer” will instead approach them asking for a free option on the script.  So I often get calls asking, “Should I give this producer a free option?”  The answer is — as you can probably guess — “It depends.”   In principal, I’m against free options. But let’s go through the pros and cons of granting a producer a free option and you can decide for yourself.

My main reservation against free options is that most of the time the producer is really just acting as an unlicensed agent, trying to sell your script to a studio or production company that actually has money.  If an agent sells your script, she only takes ten percent of the purchase price.  But by calling himself a “producer” instead of an “agent,” the producer can take 50, 60, or even 90 percent of the purchase price, and leave you with the crumbs.  The producer is also not subject to the licensing requirements and oversight that agents have to abide by.

Second, by giving a free option, you have not given the producer much incentive to sell your script.  If he doesn’t sell it, he’s not out any money, so it’s no skin of his nose.  I mean, who do you think is going to work harder to sell your script, someone who paid you $2500 for an option, or the guy who got it for free?   Also, by paying for the option, the producer has sent you a message that he really believes in your script and thinks it could be made into a movie. The producer with a free option is essentially acquiring lottery tickets.  There is nothing stopping that producer from getting free options from dozens of screenwriters and then bringing them all into a pitch meeting.  If one of them sells, that’s great for him.  But he is not giving your screenplay the attention you think it deserves.

But if you are thinking of granting a producer a free option, here are some steps I think you should take to make sure that you won’t be treated too badly.

• Don’t give free options until you have exhausted all other possibilities.  If you’ve just finished your screenplay, you first want to take steps to obtain an agent, or else get it sold yourself.  You should only give free options on scripts that you’ve given up on selling and if there was no free option, it would just sit in a drawer.
• Keep the time frame very short, 90 or 120 days.  If the producer complains that it’s too short a time to get it set up, then offer to give him a right to extend the option, but only if he pays you the next time.  You don’t want him out there trying to sell your script forever.
• Try to make the option non-exclusive.   If this producer wants to take your script out, fine. But since he’s not paying you for the privilege, he should let you continue to try to sell it to others. That way, he only gets paid if he makes a sale, but not if you can get it sold on your own.

I still think that giving free options are a bad idea. In fact, I have yet to hear anyone ever tell me that giving a free option resulted in a sale (I’m not saying that it hasn’t happened, only that I’ve never heard about it.).  I think that giving a free option shows that the writer doesn’t really value his script.  But if you’re going to do it, at least follow the steps listed above.

You and/or your loved ones may have a negligent or wrongful death law suit against the person, persons, government entity and/or corporate body that was responsible for the injury or death. Personal injury law spans a wide area of legal expertise and before you put your trust-and quite possibly the financial future of you and your loved ones--in a
lawyer, you should understand that not all personal injury law firms cover the specific area of law you or your loved ones may require. Choosing the most appropriate lawyer for your personal injury lawsuit is a critical step in getting the justice and financial compensation you and your loved ones deserve.

While getting informed and gaining as much knowledge as possible is always a good idea, the best way to find out if you have a case and to fully understand your rights is to have a free, confidential initial consultation.

The hard-working legal professionals at Ledger & Associates have helped a vast array of clients and their families who have been injured or killed due to the negligence, carelessness or willful intent of others.

Specifically, the attorneys at the Ledger & Associates Personal Injury Law Firm have deep experience in the following areas:

(For more information on each individual area of expertise, please click on the appropriate area…)

Brain Injuries:
if you or a loved one has been the victim of a negligent head or brain injury.

Product Liability: if you or a loved one has been injured or killed due to a defective, wrongly marketed or improperly utilized product of any kind.

Trucking Accidents if you or a loved one has been the victim of a trucking accident.

Aviation Accident Injuries: if you or a loved one has been injured or killed in an airport or aboard a commercial or private plane accident.

Auto Accidents: if you or a loved one has been injured or killed in an automobile accident.

Motorcycle Accidents: if you or a loved one has been injured or killed in an motorcycle accident.

Wrongful Death: if a loved one has been killed because of the negligence of others.

Burn Injuries: if you or a loved one has been injured or killed because of a negligent burn-fire, chemicals etc..


">
">Train & Railroad Accidents: if you or a loved one has been injured or killed because of a negligent train, railroad or subway accident.

”Lemon Law” or defective vehicles/products: if you or a loved one has been injured or killed because of a defective product.

If you think you or a loved one may have been involved in a negligent accident and/or died to the negligence of another and need help determining whether or not you have a case, you need to contact an experienced personal injury attorney as soon as possible to determine what legal options you may have. For a free, confidential, detailed evaluation with a personal injury lawyer at Ledger & Associates, please call 1-800-300-0001 or visit the firm's website for more information at www.ledgerlaw.com.

Ledger & Associates now offers the complimentary moving vehicle accident Tool Kit downloadable application for your iPhone, iPod or iPad.
Continue reading "The Grestest Tragedy After A Personal Injury Is Not Knowing Your Rights."

Do you know anyone who has been hit by a reckless driver or a careless motorist, shot dead due to mistaken identity, killed due to medical malpractice? These are examples of wrongful death cases. Generally, these cases are caused by another person's negligence, carelessness, malpractice or inaction. Even though the death is unintentional, it is still the responsibility of the defendant to provide just compensation for the survivors or victims of wrongful death cases. Prior to a wrongful death incident, you can file wrongful death lawsuits if you are a relative of the wrongful death victims. Winning these civil lawsuits can recover payment for damages to the victims' lives. The compensation may cover medical and funeral costs, lost wages including future earnings, lost benefits, lost inheritance, pain and suffering, mental anguish, loss of support or companionship, general damages, and punitive damages. However, the last compensation may not be awarded without additional evidence of malicious intent. Simply, the immediate family members such as the parents, spouses and children of the deceased can file the wrongful death lawsuits on their loved ones' behalf because they are almost always eligible to file a claim. Minors may need an adult guardian to take a wrongful death lawsuit to court. Moreover, other family members including the stepparents, grandparents and dependents may also be permitted to file suit in some states. If you realize you have a valid wrongful death claim, you must first consult one of the experienced wrongful death lawyers in your area. Doing so is very important because a wrongful death lawyer can help you gather evidence, understand the law, complete necessary paperwork, and build a convincing lawsuit against the defendant. In addition, to have an attorney can also help lessen the pain, stress and suffering you may be experiencing due to the incident. The law states that there is a certain amount of time allotted that a person who has lost a loved one due to wrongful death has to initiate a lawsuit. Family members are usually allowed between one and three years from the time of death to file a claim. If they fail to do so, their claims may be shelved forever. Therefore, if you have lost a loved one because of wrongful death, speak to a personal injury attorney for details regarding the reliability of your case now. After all, your loved ones deserve justice for their untimely death and you too for your misery. If you think you or a loved one may have been involved in a negligent accident and/or died to the negligence of another and need help determining whether or not you have a case, you need to contact an experienced personal injury attorney as soon as possible to determine what legal options you may have. For a free, confidential, detailed evaluation with a personal injury lawyer at Ledger & Associates, please call 1-800-300-0001 or visit the firm's website for more information at www.ledgerlaw.com.

Ledger & Associates now offers the complimentary moving vehicle accident Tool Kit downloadable application for your iPhone, iPod or iPad.
Continue reading "Ledger & Associates: Experienced, Compassionate, Aggressive Wrongful Death Attorneys"

Yes, riding a motorcycle on the open road is fun, adventurous and in some families, a rite-of-passage. If ridden correctly and safely, many, many Americans spend years roaming the open roads without so much as a scratch to their bike or their body. However, as we all know, riding motorcycles both on-road and off can be a dangerous undertaking. These days, due to gas prices, environmental concerns, convenience and style there are more and more motorcycles on the road than ever before. This means that with so many riders on the road, there is a tremendous amount of motorcycle accidents. So much so that there are around 3,000 motorcycle fatalities every year. There is no such thing as a simple “fender bender” if you get into a motorcycle accident, dirt bike accident, off-road bike accident, ATV accident, moped accident or scooter accident. All motorized bike accidents are dangerous and in many cases fatal. However, most are not fatal and leave the victim with a minimum of serious injuries to body and property and usually they require extended (expensive!) medical attention, disfigurement, serious lifestyle changes and ongoing disabilities, financial hardship, loss of wages and emotional, psychological stress and suffering. In all cases of motorcycle accidents, it is prudent to consult a qualified, experienced motorcycle accident personal injury law firm to protect you and your loved ones. Since, in most cases, the motorcycle accident is not the fault of the rider themselves - statistics prove that most motorcycle accidents are the fault of another party's driving error, whether it a bus, van, truck, car or other motorcycle - there is a probability that if you are the victim of a motorcycle accident, or you lost a spouse, child to a motorcycle accident, that you or they were not at fault and that you do have financial compensation due you that only a motorcycle accident lawyer will be able to recover. What a motorcycle accident attorney will do for you: they will investigate the accident and ensure that all the parties at fault are brought into the legal action, they will analyze your liability and insurance policy to make sure your insurance company is doing everything they should be doing, they will help you get your motorcycle fixed and/or get you a replacement motorcycle, ensure that you get the best medical care available, work on your behalf to get you reimbursements for out-of-pocket expenses and any/all lost wages due to the motorcycle accident. Most importantly, an experienced motorcycle accident legal firm and their attorneys will determine the full financial value of your case and work with you and for you to make sure you get the maximum financial compensation you deserve under the law. If you think you or a loved one may have been involved in a negligent accident and/or died to the negligence of another and need help determining whether or not you have a case, you need to contact an experienced personal injury attorney as soon as possible to determine what legal options you may have. For a free, confidential, detailed evaluation with a personal injury lawyer at Ledger & Associates, please call 1-800-300-0001 or visit the firm's website for more information at www.ledgerlaw.com.

Ledger & Associates now offers the complimentary moving vehicle accident Tool Kit downloadable application for your iPhone, iPod or iPad.
Continue reading "Motorcyele/Scooter Accidents Are Most Always Negligent. "

Clearing world rights of an underlying source for translation, adaptation or republication is invariably a cumbersome complicated lengthy process. Clearing rights serves a very important purpose in entertainment transactions, as such rights supplant and serve as future sources of income. Hence, it behooves entertainment participants to ascertain their salience and take proper legitimate steps to implement them.

SALIENCE OF RIGHTS CLEARANCE

Clearing rights is a sine qua non to financing and distribution of any legitimate entertainment-related product. In fact, such rights are as lofty, worthy and valuable as property rights and, as indicated, serve as future sources of income.

SALIENCE OF DETERMINING WHICH RIGHTS TO BE CLEARED

Most probably, it is rather financially and practically impossible to clear world rights of an entertainment product for all uses thinkable, imaginable and available. Hence, it is incumbent to first ascertain what the available budget for rights licensing is and the urgency expected to implement such rights clearances.

Most probably, the rights to be cleared are the ones needed to generate sufficient income to recover investment and be profitable.

SALIENCE OF REPUBLICATION RIGHTS AND ADAPTATION RIGHTS

Most generally, clearance of rights could be divided into two major groups:

1. REPUBLICATION RIGHTS

Republication rights encompass rights of reproduction, display and publication where the underlying source material is reused in the form of the original work.

CLEARING RIGHTS FOR REPUBLICATION

Generally, clearing rights for republication relatively involves less cumbersome procedures. Often, the publisher through contractual agreements aspire to share in the proceeds of subsidiary-rights licenses for the underlying work it owns. It is imperative to note republication of the underlying work PER SE does NOT create a new copyrightable product. The latter point has some exception including but not limited to possible copyrights for: organization, layout, epilogue, design or a new preface, among other things.

Nevertheless, it is imperative to still review the subsidiary rights previously granted to ensure no violation or conflict with previous licenses.

2. ADAPTATION RIGHTS

Adaptation rights encompass the rights where the underlying source material is to be transferred to a totally new work with its own rights to copyright protection.

CLEARING RIGHTS FOR ADAPTATION

Clearing rights for adaptation is relatively much more complicated cumbersome and lengthy as a new work with its own copyrightable rights and privileges is created.  Therefore, for such rights, it is VITAL to establish:

• Whether the rights to adapt for the underlying work is available
• Whether the rights to adapt conflict with other subsidiary rights already granted to others in the underlying work. 

SALIENT NOTE

This article presents a very rudimentary general understanding of such complicated subject matter. 

_________

DORON EGHBALI is a Partner at the Beverly Hills Offices of Law Advocate Group, LLP. Doron Primarily Practices Business, Real Estate and Entertainment Law. Doron Can Be Reached at: 310-651-3065. For More information, Please, Visit: HERE.

Continue reading "Some BASICS of Rights Clearance in Entertainment Contracts"

Finally, Pakistani officials disclose which son of Osama bin Laden was killed by commandos in the raid on the compound in Abbottabad. They say it was Khalid bin Laden.

[W]ell-informed sources in the Pakistani security establishment claim that Osama’s dead son was not Hamza bin Laden but Khalid bin Laden. Besides Osama, Hamza bin Laden is also wanted by the United States for his involvement in terrorist activities directed against the US-led Allied Forces in Afghanistan.

This matches information first released by the U.S., but curiously changed in the transcript of the briefing and then changed back again. [More...]

White House counterterrorism adviser John Brennan told reporters Monday that bin Laden's son Khalid was killed in the raid. When the White House released a transcript of Brennan's briefing, it substituted the name of a different son, Hamza. The White House said that was a transcription error.

Even today, some media report it was Hamza while others say it was Khalid. They are only two years apart (Khalid was born in 1989 and Hamza in 1991) but they look very different. Photos of Hamza when he was younger are here and here.

I wrote a long post with pictures about this yesterday, with my speculation that the son who was killed was Khalid. I also mentioned a third possibility, Saad bin Laden, who was reportedly killed by a U.S. drone attack in Pakistan in 2009, but the U.S. couldn't confirm it. Today's article, linked above says:

However, the reports of [Saad's] death were instantly refuted by a Taliban spokesman who claimed that Saad bin Laden was not killed or even hurt during the missile attack.

But the family, through another bin Laden son named Omar, and his British wife, Mrs. Zaina al-Sabah Bin Laden, have said no one in the family has heard from Saad since the drone attack.

Interestingly, today's news article confirming it was Khalid who was killed says commandos took Khalid's body away. Which would mean he couldn't be in one of the grisly death photos taken by Pakistani security forces when they arrived an hour later. And that would leave an unidentified male who was killed (the "courier", his "brother", and Mr. X.)

The U.S. insists it only removed Osama bin Laden's body and left his dead son at the scene. If so, then Khalid could be the unidentified third male in the grisly photos.

Khalid wrote an angry letter in 2010, claiming Iran had mistreated the bin Laden family members who had gone there after 9/11 and had been kept in seclusion under virtual house arrest ever since. (Hamza, Saad, a daughter Iman and Bin Laden's youngest son at the time, Bakr, all got out.) Another son, Omar, living in Qatar, disputed Khalid's claims. (More on that in this 2010 news article and in a Times of London article dated 12/23/2009.)

Today's article, linked above, says:

It is now believed that Khalid bin Laden was with his father in Abbottabad when the letter was written and posted on March 15, 2010, on the Internet by the Global Islamic Media Front, which is linked to al-Qaeda.

The U.S. believes Hamza and Saad have been involved in terror activities.

In a 2005 videotape, titled “The Mujahideen of Waziristan”, Hamza was shown participating in an al-Qaeda assault against the Pakistani security forces in South Waziristan. In September 2007, it was reported that he was again in the tribal belt that encompasses the Pak-Afghan border region, playing a major role with al-Qaeda forces.

....Saad bin Laden has already been accused by the US of involvement in the bombing of a Tunisian synagogue on April 11, 2002, which killed 19 people. The following year.... he was implicated in the May 12, 2003, suicide bombing in Riyadh and the Morocco bombing four days later on May 17, 2003.

A photo of Saad is here.

So, is there a possibility that two of Osama's sons, Khalid and Hamza (or Khalid and Saad, albeit less likely) were at the compound during the raid? If so, did the commandos take one with them? And if they did, was it the one who lived or the one who died?

Given that the CIA seems to be the lead agency behind constructing the raid (although the Seals carried out the action part), wouldn't they want to interrogate Osama's son if they captured him alive and gather as much intelligence from his as possible? Where would they have taken him? To Guantanamo, Bagram, or a secret overseas facility? Obviously, the CIA wouldn't want to disclose they had one of bin Laden's sons, but the survivors' stories are going to come out at some point (they won't be held indefinitely by the Pakistanis) and if their accounts differ from official U.S. accounts, our credibility will once again be at issue.

The U.S. should come out and say who was present at the compound, who was killed and who they left at the compound for the Pakistanis to deal with. The Pakistanis should identify who they found alive at the compound and identify those whose bodies were recovered. The confusion among American media outlets about which son was killed, how many wives and children were there, and how many people were killed, and the scant references to the deceased son's identity in both U.S. and foreign media, is just too odd.

[JURIST] The Florida House of Representatives [official website] on Thursday voted 77-38 to pass controversial legislation [HB 1355 materials] revising the state's election laws, only hours after the Senate [official website] did so by a 25-13 margin. The bill limits the window for early voting to one week prior to an election, down from the previously established two weeks, and imposes a series of additional regulations on organizations that enlist new voters, including that they register with the state, submit periodic reports and file voter registration materials within 48 hours of completion. It also requires voters that have moved between any of the state's counties to use provisional ballots if they wish to update their information while at a polling location. Opponents to the legislation charge that its design is politically motivated [AP report] to disproportionately affect Democratic constituencies, though its supporters argue that the measures are intended only to reduce election-related expenses and voter fraud. The bill will proceed to Governor Rick Scott [official website] for his signature or veto. Earlier this month, the Georgia Supreme Court [official website] upheld [JURIST report] the state's 2006 Photo ID Act that requires voters to present one of six government-issued photo identifications in order to vote. The court ruled that the law "does not deprive any Georgia voter from casting a ballot in any election," and that presenting valid identification does not represent an unconstitutional impediment to voting. In contrast, the US Court of Appeals for the Ninth Circuit [official website] struck down [JURIST report] a portion of an Arizona law requiring proof of citizenship for voter registration in October. The court held that the law was inconsistent with the National Voter Registration Act of 1993 (NVRA) [materials], which was passed with the intent of increasing voter registration and removing barriers to registration imposed by the states. The NVRA requires voters to attest to the validity of the information on their registration forms, including their citizenship, but does not require them to provide additional proof of citizenship. The law exceeded the federal statute, requiring applicants to show proof before registering to vote.

Many more people have died for their drink and their dope than have died for their religion or their country. The craving for ethyl alcohol and the opiates has been stronger, in these millions, than the love of God,...

The opinion in Montana v. Wyoming, the cert. grant in M.B.Z. v. Clinton, law clerks' workload, and the Court's opinion pace - in plain English.

"... some large public unions may simply skip the votes and drop their official status with the state..."

Bob McLinn, president of the Wisconsin State Employees Union, which represents blue-collar workers, said his union may instead seek to keep representing members as a voluntary organization without the official recognition the union now receives from the state.

"There has been a discussion about not recertifying because of the fact that there would be little or no benefit," McLinn said.

To stay alive, the unions under Walker's legislation would have to get 51% of the vote of all the potential union members in their bargaining unit, not just the ones who actually cast ballots. They also will have to win the vote again every year or their union will cease to function and be unable to reconstitute itself for at least a year after that.

Drugs, drugs, sex, and sex and rock & roll.

There are times when debtors need to discharge debts owed to their local utilities. However, often the debtor has to come back to the same utility after discharging the debt owed to it in either Chapter 7 Bankruptcy or Chapter 13 Bankruptcy. The utility has to provide services to the debtor, provided that the debtor [...]

“Standby” seems to be the appropriate word to describe almost every one of the legal proceedings related to Allen Stanford, as numerous cases are now derailed pending a resolution of the criminal prosecution against Stanford. Read more: Stalled Out Stanford Criminal Trial Leaves Numerous Related Matters On Hold, Too — Enforcement Action

It's just a little bit ridiculous that it's already May, but as we in Seattle inch our way towards summer one sunny weekend at a time, The Lexblog Network sees six new publications make their debuts. Within that bunch, be sure to look at the first on this list, which is a project we at LexBlog are particularly proud of. This publication has been in the works for a few months and it's great to see if off and running.

• China Debate is a project we at LexBlog have been working on for some time and we're extremely excited to see it launch. Much more than a blog, this publication put together by Malcom Ridell—president of RIDDELLTSENG, a boutique investment bank that advises leading financial services and real estate companies on China business—fosters conversations on all things China. Topics discussed include business, technology, finance, politics, society, culture and so much more. No matter what I write, a paragraph of description won't do this site justice, so give it a look.
• The Reed Smith network of publications continues to grow and grow as Private Funds Law Update is the firm's 17th blog on The LexBlog Network. Edited and maintained by Editor-in-Chief Oliver s'Jacob, with Winston Penhall and Rhianydd Griffith acting as deputy editors, this London-based team provides commentary and opinion on private funds, alternative investments and other related subjects.
• Hogan Lovells, whose blog on privacy has been a mainstay on The LexBlog Network, launched their second publication this week with the debut of the Hogan Lovells International Spectrum Review. Bringing together a team of authors from all over the world, this blog offers insight on telecommunication and radio spectrum news and trends.
• Hartford, Connecticut lawyer Wystan Ackerman, Chair of Robinson & Cole's Class Action Team, authors the Insurance Class Actions Insider. Already off to an excellent start in engaging a multitude of sources, topics covered up to this point include auto insurance, the Class Action Fairness Act, property insurance, life insurance, injunctions and arbitration.
• The first publication on The LexBlog Network from Keller and Heckman LLP, the Beyond Telecom Law Blog, in their own words, "focuses on the interests and challenges of IT/Telecom professionals, procurement staff, responsible in-house counsel and others engaged in or supporting the acquisition, management and optimization of wireless and wireline services."
• To close things out, we have another firm growing its network as the Technology Company Counselor is the 9th publication on The LexBlog Network from EpsteinBeckerGreen. The subject of the blog is both broad and specific at the same time: the blog's authors comment on topics that include employment, disability, securities law and benefits—but relate them all to how they affect technology companies.

Last October, I visited Chicago to fill the ABA Commission on Ethics 20/20 in on what Avvo is, and how we go about rating attorneys. One of the charges of the Commission was to examine ratings of lawyers and law firms, and they wanted to hear how Avvo’s groundbreaking ratings of attorneys work. [...]

The U.S. seems to be getting carried away with its success in taking out Osama bin Laden.

Today it launched its first unmanned drone attack in Yemen, aiming for cleric Anwar al-Awlaki. It missed, but killed some other people, who it hopes are affiliated with AQAP.

Al-Awlaki, an American citizen, is on the U.S. kill or capture list. In charge of the Yemen mission: the Pentagon’s Joint Special Operations Command (JSOC) and the CIA.

Does al-Awlaki do anything besides write encouraging e-mails? Britain seems to think his e-mails make him the likely successor to bin Laden.

Bob Cronkleton has more information here.

Jean Peters-Baker is Jackson County's new prosecuting attorney, serving out Jim Kanatzar's term, which will expire in December 2012. Kanatzar left the office to become a circuit judge. Peters-Baker currently serves as a state representative -- she was elected just...

Three Death Row Inmates Claim Mississippi Did Not Follow Administrative Procedures Act: The Associated Press reports that three death row inmates have filed documents with the Mississippi Supreme Court claiming the Mississippi Department of Corrections did not comply with the...

There are some who would have us believe that, with Osama's having been de-commissioned, the war on terror is over.  Generally, these are the same people who thought it never existed to start with, or if it did, that we...

"Domestic Surveillance Court Approved All 1,506 Warrant Applications in 2010": David Kravets has this post at Wired.com's "Threat Level" blog....

* The three defendants in the civil wrongful-death action brought by Robert Wone’s widow are keeping their mouths shut. [National Law Journal] * But their former house is open — and once again on the market, for the tidy sum of $1.6 million. [Who Murdered Robert Wone?] * Professor Eugene Volokh wants to know, with…

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Tags: Ann Althouse, Ben Kerschberg, Blogging, Brazil, Discovery, E-Discovery, Electronic Discovery, Eugene Volokh, Gay Marriage, Glenn Reynolds, Holidays and Seasons, Hotties, Immigration, Instapundit, Lateral Hiring, Laterals, Lavi Soloway, Lawyerly Lairs, Mother's Day, Movies, Non-Sequiturs, Real Estate, Robert Wone, The Economist, Vivia Chen

Asbestos litigation. Ho-hum, right? After all, it's about as current as Ivan Lendl, as hip as Vanilla Ice, as played out as Gary Hart

Primarily driven by cost-saving needs, nearly 15 percent of U.K. law firms are outsourcing work—a significant boost from prior survey reports of only 5 percent in 2009. While 6 percent of in-house legal teams employ legal process outsourcing providers, both groups expect the use of LPO services to grow over the next year, according to a recent survey of 575 lawyers by Incisive Media Research Legal Week and legal process outsourcing provider Integreon, Legal Week reports. In fact, the lower percentage of use at in-house legal departments reflects a client preference for outside counsel to manage the LPO workflow in…

Connecticut courts are bracing themselves for another stupid political lawsuit. Politicians were 0 for every case they brought in CT’s courts during last year’s election season. The bench couldn’t have sent a stronger message – it does not want to … Continue reading →

That's the UW Law School on the left.

Enlarge to read the title of the book that's being read.

The George Bush motivational poster.

Andrew Breitbart gets pissed... at that extremely mild-mannered C-SPAN interviewer guy:

... religion.

On May 3, 2011, Chief ALJ Paul J. Luckern issued the public version of Order No. 30 (dated March 18, 2011) in Certain Biometric Scanning Devices, Components Thereof, Associated Software, and Products Containing the Same (Investigation No. 337-TA-720).  In the Order, ALJ Luckern denied Complainant Cross Match Technologies, Inc.’s (“Cross Match”) motion to reconsider granting [...]

On May 2, 2011, the International Trade Commission (the “Commission”) issued a notice in the Federal Register stating that the Commission is adopting a rule amendment whereby the Office of Unfair Import Investigations (the “Commission Investigative Staff” or “OUII”) will be reducing its role in Section 337 actions.  In particular, the notice states that, going [...]

(Eugene Volokh) From Penny Pinchers v. Outlaw (Miss. Ct. App. 2011): Cindy Scott was the manager of Penny Pinchers, a discount grocery store located in West Point, Mississippi. She was also the owner of a four-month-old daschund puppy named Sophie, which weighed four pounds and one ounce. Scott took Sophie to work with her every day. She set [...]

(Eugene Volokh) My thinking about Admiral Yamamoto reminded me of one of my favorite novels, Neal Stephenson’s Cryptonomicon, and of one of my favorite passages from that novel, a passage written in Admiral Yamamoto’s voice and set just before his death. I stress that this is not relevant to any substantive issues related to the killing [...]

(Kenneth Anderson) Politico reports that two UN special rapporteurs — one on extrajudicial execution, and the other on counterterrorism and human rights — are calling on the US to release information to the United Nations to justify its killing of OBL.  In a break with the administration’s policy of engagement with the UN, it seems to have [...]

The IRS has announced that it is accepting applications for the Internal Revenue Service Advisory Council (IRSAC). IRSAC is comprised of up to 35 members who are appointed to three year terms by the Commissioner (currently, that’s Doug Shulman). The Council provides a public forum for IRS officials and the public to discuss relevant issues [...]

I am fortunate to be surrounded by wonderful mothers. Even though my mom lives 2,000 miles away in Arizona, she is not only loving and kind, but she is also a great mentor who is always there to listen. My wife is an amazing mother to my 2 children. She balances her challenging roles as [...] No related posts.

The Alabama State Bar in Montgomery Alabama is looking at setting up a fund to help out these lawyers get their offices back in operation. They have received pledges from RocketMatter and Legal Workspace but of course, the need is great and they can also use much more.

The U.S. Securities & Exchange Commission’s new program rewarding individuals for their cooperation has been “a success,” said Enforcement Division head Robert Khuzami, speaking today at a securities law conference in Colorado. Khuzami said about 25 people to date have signed agreements with the SEC, agreeing to provide inside information in exchange for reduced sanctions [...]

When visitors come to your website, you want them to know it’s yours. You also want them to remember you later, when they’re ready to retain a lawyer. Good website branding can accomplish that for you. [...]

Choosing the right Pennsylvania employment attorney can be one of the most important decisions a person makes during the course of an employee rights lawsuit. This can be a difficult decision for many workers who have limited or no contact with the judicial system and attorneys. If you are having trouble choosing an attorney to represent you, you should consider several factors that can help you make a choice.

Experience

Employment law is a unique area requiring special expertise. Even attorneys with extensive civil litigation experience may not have the knowledge necessary to effectively pursue an employee rights claim. Pennsylvania employment attorneys must be knowledgeable in several federal and state laws as well as the body of court decisions that interpret those laws. They must be familiar with local ordinances that provide further protection for workers.

In addition, they must have experience with the administrative processes of federal and state agencies such as the Equal Employment Opportunity Commission (EEOC) and the Pennsylvania Human Relations Commission (PHRC). An employment law firm generally has the necessary knowledge and experience because its attorneys center their practices on employment law specifically, rather than general civil litigation.

Customer service

You need a law firm that has both the ability and desire to be responsive to your needs. This can be a delicate balancing act. A firm that is too small can simply lack the resources to effectively pursue a complex employee rights claim, while a firm that is too large may view you simply as one of many clients who contribute to its bottom line.

The right firm has a team of dynamic attorneys supported by a small but dedicated office staff. Such a firm has the resources necessary to handle your claim efficiently and effectively while keeping you informed and providing personalized service.

Contact us

Karpf & Karpf, P.C. are labor and employment lawyers in Pennsylvania. They also have an office in New Jersey and are available by phone at 215-639-0801 in Pennsylvania or 609-683-4022 in New Jersey.

Continue reading "Finding the Right Employment Lawyer"

To decide whether you are disabled, the Social Security Administration uses a step-by-step process involving five questions. They are:

1.   Are you working? If not, there are no barriers to applying. If so, you may still be able to apply, depending on your hours, duties and wages.

 2.   Is your condition "severe"?  Your impairment or combination of impairments must seriously affect your ability to work. Additionally, it must be an impairment, or combination of impairments, that must have lasted or can be expected to last for more than 12 months, or be expected to result in your death. 

 3.   Is your condition found in the list of disabling conditions? For each of the major body systems, there is a Listing of Impairments that are so severe they automatically qualify you for disability. A Listing Impairment, however, is not required to obtain disability benefits.

4.   Can you do the work you did previously? If your condition is severe but not as severe as a medical condition on the list, then it must be determined if it interferes with your ability to do the work you did previously.

5.   Can you do any other type of work? If you can’t do your past work, then the Social Security Administration looks at whether you are able to adjust to other work based on your medical condition, age, education, past work experience and any transferable skills you may have.

For help navigating the Social Security Disability evaluation process, contact a  Charlottesville Social Security Disability attorney for expert help in applying, getting approved and continuing your eligibility for benefits.

Charlottesville Social Security Disability attorney Mary Ann Barnes, Tucker Griffin Barnes P.C., Charlottesville, Virginia 434-973-7474, MBarnes@TGBLaw.com     www.TGBlaw.com  www.TGBlaw.blogspot.com

And now the legal disclaimer:  This advice is based on Virginia law and is not meant to apply to any other state.  If you have questions that apply to another state, please contact an attorney who is licensed to practice in that state.

One of the biggest concerns these days in a divorce judgment involves the home and who will take responsibility for the house and any mortgage.  When housing values were high, this never seemed to be much of an issue as one spouse would take over the responsibity and could easily refinance to buy the other spouse out.

  However, these days, that practice has taken a different path as housing values have decreased and the parties find themselves with a mortgage higher than the home value.

  Divorce attorneys need to come up with new and creative ways to resolve this issue for the benefit of their clients.  At the law office of Eugene Lumberg and Eric S. Lumberg, we work with several mortgage and finance companies to come up with options for our clients.  Some options include cash-out financing which gives our client cash to buy out the other's equity or other debts, or flexible loan options for new home purchases.

  Contact us today for a free consultation regarding your family law issues.  We can be reached at 248-626-8383 or www.lumberglaw.com.

Continue reading "Divorce and your Mortgage"

In the New Jersey family court system, there are too many divorce cases and not enough judges to try them in a timely way. Because of this harsh reality, 98 percent of divorce cases settle before a trial is even scheduled.

In most cases, the divorcing couple reaches an agreement at the Early Settlement Panel (ESP), a court-sponsored program at the start of the trial process. Others use alternative dispute resolution techniques, such as mediation and arbitration, to arrive at an out-of-court settlement. Settling out of court spares divorcing couples years of unpleasant litigation, expensive legal bills, and enough animosity to destroy whatever is left of their relationship.

New Jersey divorce mediation offers a compelling alternative

For couples filing for divorce, these alternative dispute resolution methods can save time, money, and heartache:

• Mediation: A neutral New Jersey divorce mediator facilitates negotiations between divorcing spouses to help them arrive at their own agreement on how to settle their divorce.
• Arbitration: Each party retains a lawyer who advocates their interests and negotiates an agreement.
• Binding arbitration: The parties present their case to an independent decision maker, who makes legally binding decisions about disputed issues.

If the spouses are able to settle their issues out of court, they go to court only to report the details of their settlement and obtain the final divorce judgment. But regardless of which strategy they choose, it is likely that both spouses will have to give something up to arrive at an amicable, out-of-court settlement. And the longer their divorce rages on, the more the family wealth is eroded.

High-conflict cases

Saving of time and money is often enough to push divorcing couples into mediation, arbitration, or other out-of-court dispute resolution. But a small percentage of high-conflict cases cannot be resolved out of court because one or both spouses are unwilling to compromise. But before these cases go to trial, the parties are required to participate in ESP negotiations to try one last time to reach an out-of-court agreement on such issues as the following:

• Alimony or spousal payments
• Child support payments
• Child custody and visitation
• Property distribution
• Distribution of liabilities
• Splitting pensions and investments

Contact our matrimonial law firm in New Jersey

At Adinolfi & Goldstein, P.A., our highly credentialed New Jersey divorce lawyers leverage their extensive experience to give you valuable insight into the challenges and strengths of your case. We advise you on whether traditional litigation, arbitration, or mediation is the best fit for your particular circumstances, and provide outstanding representation whichever strategy you choose.

If you are looking for qualified, experienced divorce lawyers, please call Cheryl Betten, the Firm Administrator for the Haddonfield, NJ offices of Adinolfi & Goldstein, P.A., at 856-428-8334 ext. 258, or use our online contact form to schedule your initial consultation to discuss your immediate legal needs in a personal and confidential setting.

Adinolfi & Goldstein, P.A.
4 Kings Highway East
Haddonfield, NJ 08033
856.428.8334
http://www.aandglawyers.com/

Semi-trucks can cause serious injuries when they hit a car a fraction of the truck’s size. When the truck is properly maintained, the driver is well-trained and experienced, and he’s alert at the wheel, the chances of a Colorado semi-truck accident happening are low. But when semis aren’t well-maintained or the driver is inexperienced or spending too many hours behind the wheel, the odds of sustaining a serious injury in a semi-truck collision go up.

The problem with a big rig vs. automobile accident is that it isn’t a fair fight. If you’re in the car, you’re pretty much guaranteed to lose, and results can be life-changing. Serious injuries to your head, neck and back can leave you paralyzed or in a wheel chair. A semi-truck accident can leave you with a traumatic brain injury that requires special care for the rest of your life. A truck accident can even kill you.

If you or a family member has been involved in a semi-truck accident, you may be entitled to compensation for your injuries by bringing a legal claim against the trucking company, truck driver, the garage that performed maintenance on the truck, or other liable parties. An experienced semi-truck accident attorney from The Law Offices of Dianne Sawaya can assess your case, determine whether you have a claim and plan what your next steps should be.

Semi-truck crashes are governed by different laws and regulations and can be very complicated. If you’ve been hurt in a semi-truck accident in Denver or Colorado and need an experience personal injury attorney, give The Law Offices of Dianne Sawaya a call. We can help get you and your family the financial compensation you deserve for the injuries you’ve suffered.

Give me a call at (303) 758-4777, email me or visit us at www.dlslawfirm.com. Let’s talk about your case. At The Law Offices of Dianne Sawaya, we’re happy to talk with you about your situation at no obligation. If we think you have a case, we’ll tell you so. If we don’t think you have a case, we’ll tell you that too. And remember – if we take your case, we don’t get paid unless you get paid.
Continue reading "Semi-Truck Accidents Can Lead to Serious Injuries"

Bradley Shear, an attorney in Washington, D.C., who writes the excellent Shear on Social Media blog, is trying to use social media in a different way this week. On the heels of the historic mission by the U.S. Navy SEa Air Land (SEAL) team that killed al-Qaida leader Osama bin Laden, Shear wishes to draw attention to the Navy SEAL Foundation. The Navy SEAL Foundation's mission is to "provide educational and motivational support, promote health and welfare programs for the Naval Special Warfare Community, and perpetuate the history and heritage of the U.S. Naval Commandos." Specifically, it describes its role as including the following: We provide tragedy assistance for families who have lost a loved one in training or combat. We support family events to uphold morale and camaraderie. We award scholarships and provide educational assistance to active duty personnel, their spouses, and children. As Shear notes, "the brave men and women who worked tirelessly day in and day out tracking down public enemy number #1 are our neighbors next door, our friends around the corner, and the people whom we see at the mall and ballpark. They may even be our professors and/or mentors." Through the Navy SEAL Foundation,...