Posts tagged with: "general"
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10 Jun 2013, 9:42 am
QUESTION: What are the advisable steps to include when terminating an employee?
ANSWER: Generally, once a decision to terminate an employee has been made for a legitimate nondiscriminatory reason, and as long as any prior disciplinary or improvement measures taken were consistent with practices and policy, the organization is well advised to schedule a meeting that includes the employee, the employee’s supervisor, and either a human resources manager or the supervisor’s… [read post]
10 Jun 2013, 9:20 am
The following letter to the editor by Illinois Trial Lawyer Association President Gregory L. Shevlin was published in The Southern on Friday, May 31, 2013. It was a response to a letter on Senate Bill 1912.
The Southern, May 31, 2013
Dear Editor:
Ask the parents of a child permanently disabled by someone's negligent behavior if a negotiated settlement to care for that child for the rest for his or her life is like winning the lottery.
It's not. The financial needs of a family in this situation… [read post]
10 Jun 2013, 8:38 am
QUESTION: What duties do I have to protect my trademarks and service marks?
ANSWER: When someone knowingly uses a trademark without permission it is called infringement. When someone uses a product or service in such a way that it is similar to your trademark or service mark, either intentionally or unknowingly, that is called infringement. It is a trademark and service mark owner’s job to protect marks from infringement, or risk losing them. The standard for… [read post]
10 Jun 2013, 8:31 am
Introduction
What is the proper scope of state power and its agent the public lawyer in Criminal law? Moreover, are there enough incentives for public lawyers such as prosecutors to remain vigilant in upholding their higher duty? This paper will consider the emergence of contemporary debates about criminalisation in the context of a concern with concepts such as over-criminalisation. It will look at the possibility of creating narrowly defined prosecutorial discretion… [read post]
10 Jun 2013, 8:17 am
Any bankruptcy lawyer will tell you that the number one concern people have when filing bankruptcy is “damage to their credit.”
There are plenty of misconceptions, myths and flat out lies circling the various media outlets about how bankruptcy should be a last resort and how it will destroy your credit. I would argue that neither of these statements is true.
Unfortunately, as a society, we have become unreasonably obsessed with our credit score.
Your FICO (Fair Isaac Corporation)… [read post]
10 Jun 2013, 7:39 am
The laws regarding the reporting of crimes in large part do not apply to cruise lines. The delayed reporting of crimes by the cruise industry has come under scrutiny by lawmakers and watchdogs alike. With Miami and South Florida being major ports of call for the cruise line industry, it is important for criminal defense lawyers and passengers to understand the laws that govern the reporting of crimes at sea. Congress created The Cruise Vessel Security and Safety Act (CVSSA) in 2010 which… [read post]
10 Jun 2013, 6:49 am
In a recent post here, I reviewed Attorney Timekeeper, a cloud-based timekeeping application designed specifically for attorneys. Although I liked a lot about it, the one downside I saw was its price, a monthly subscription of $49.95. My post elicited a reply from lawyer Mark Lyon, who wrote on his blog about a free timekeeping [...]The post Time Tracking Made Simple, Flexible and Free appeared first on Robert Ambrogi's LawSites. [read post]
10 Jun 2013, 6:49 am
In a recent post here, I reviewed Attorney Timekeeper, a cloud-based timekeeping application designed specifically for attorneys. Although I liked a lot about it, the one downside I saw was its price, a monthly subscription of $49.95. My post elicited a reply from lawyer Mark Lyon, who wrote on his blog about a free timekeeping [...]The post Time Tracking Made Simple, Flexible and Free appeared first on Robert Ambrogi's LawSites. [read post]
10 Jun 2013, 6:43 am
As an immigration attorney in Austin, I must remain apprised of major developments within the immigration community. One of the biggest events within many immigrant communities was the enactment of the Deferred Action for Childhood Arrivals. This new policy by the federal government allows undocumented immigrants younger than 31 to obtain a deferment of possible deportation action for two years. Immigrants must have arrived in the U.S. prior to their 16th birthday and remain in school, graduated… [read post]
10 Jun 2013, 5:00 am
Many people in business are not big on paperwork, and some get down right annoyed with lawyers who want to direct their attention to every little detail. Often I have to ask a client the same question several times and in many different ways in order to pry out of him or her the information I need in sufficient detail to complete my task. That lack of attention to certain details and not appreciating their importance can get a company into trouble.
Below is an example of a 'hot mess' waiting… [read post]
10 Jun 2013, 4:21 am
There was probable cause to arrest defendant for bank fraud. Even assuming this bank fraud investigation was tainted because it relied on an alleged unadjudicated unconstitutional search in Los Angeles in a similar scheme, this was clearly attenuated. There was PC without it. At most, only his name was learned from Los Angeles. Officers knew that defendant was using a laptop from public access points to communicate with the bank he was attempting to defraud. When arrested, he had the bag on him. The… [read post]
10 Jun 2013, 4:07 am
A Fourth Amendment claim to forfeiture is made pretrial by a motion to suppress. Lack of probable cause is not a defense to forfeiture. Twenty Thousand Eight Hundred Dollars $20,800.00 in United States Currency v. State ex rel. Miss. Bureau of Narcotics, 2013 Miss. App. LEXIS 326 (June 4, 2013).*
On an interlocutory government appeal from suppression, the defendant cannot seek additional suppression of evidence because that must await final appeal. There was reasonable suspicion for detention of… [read post]
10 Jun 2013, 2:53 am
http://www.dallasnews.com/business/personal-finance/headlines/20130510-prepare-finances-now-for-future-changes-in-your-health.ece
One of the few factors of our retirement years that we can’t predict with any reasonable degree of accuracy is the cost of our medical treatment. This is true even if we’re on Medicare.
The excellent columnist for the Dallas Morning News, Pamela Yip, recently wrote a good article on this subject. I recommend the entire article. Here are the opening… [read post]
9 Jun 2013, 9:00 pm
Officers unlawful entered the apartment to seize it while getting a search warrant. Therefore, the observations made should not have been included in the search warrant application. Excluding those observations still left probable cause. “Because a valid search warrant would have issued regardless of the inclusion of the tainted information discovered during the initial entry into the apartment, there was an independent source for the challenged evidence.” Commonwealth v. Gray, 2013… [read post]
9 Jun 2013, 7:44 pm
I don't think I've ever received as much comment via email and telephone to any trade press article as I did to one in last Friday's American Banker with the totally biased headline "The Myth of the All Powerful CFPB" (paid subscription required), nor comment that contained so much personal invective. Those who comment on my writing usually save the personal invective for me.
The article's editorial writer (although it isn't labeled as an opinion piece), Victoria Finkle, is described as the paper's… [read post]
9 Jun 2013, 4:22 pm
This piece of art was actually created using MS Excel. The link has more on the project, and also has the actual spreadsheets used to create the images. [read post]
9 Jun 2013, 2:29 pm
As China steps up its enforcement of its customs laws, it is becoming increasingly important for foreign companies doing business in China to understand those laws and how they are enforced. This is the final part of a four part series of posts by Shawn Mahoney designed to help you avoid China customs problems. Go here for Part I, China Importation 101, which dealt mostly with the core concepts related to importing product into China. Go here for China… [read post]
9 Jun 2013, 1:04 pm
Identity theft is an ever-growing issue in both Oregon and Washington, causing problmes with debt collectors and on credit reports. The criminals stealing your identity often open credit cards in your name and rack up massive charges, torching your credit score and barring your from making much needed future purchases . Bad credit scores can effect your ability to obtain insurance at a reasonable rate, oInsurance companies use lower credit scores to justify higher rates. You may even be denied… [read post]
9 Jun 2013, 12:28 pm
Guest post by G. Jack King:
In a column published in today’s Guardian (U.K.) titled “This abuse of the Patriot Act must end,” U.S. Congressman Jim Sensenbrenner writes, “The administration claims authority to sift through details of our private lives because the Patriot Act says that it can. I disagree. I authored the Patriot Act, and this is an abuse of that law.”
Nice sentiment, but it’s not just misleading -- it’s all false. Let me explain.
=>… [read post]
9 Jun 2013, 12:16 pm
Guardian: Edward Snowden: the whistleblower behind revelations of NSA surveillance / The 29-year-old source behind the biggest intelligence leak in the NSA's history explains his motives, his uncertain future and why he never intended on hiding in the shadows by Glenn Greenwald, Ewen MacAskill and Laura Poitras:
=> Read more! [read post]