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16 Jul 8:16 am
Many of our clients tell us that the free, lifetime, comprehensive, world class medical care provided by the WTC Health Program is just as important to them as any money they might receive from the 9/11 Victim Compensation Fund. After all, many are facing life-threatening illnesses and cancers and their current medical insurance, if they have any at all, may be inadequate or lead to bankruptcy. This is why the 9/11 lawyers at Hansen & Rosasco work so hard to make sure your application and evidence is complete. You need these benefits to protect both your health and your savings. We… [read post]
16 Jul 8:01 am
Hollywood movie star Reese Witherspoon and her clothing line, Draper James, LLC, have found themselves the subjects of a public relations debacle, and now, a class action after running a promotion for teachers that has gone horribly wrong. To read more about the implications of advertising and promotion rules and the impact of the California Consumer Privacy Act, please click here. [read post]
16 Jul 8:01 am
Hollywood movie star Reese Witherspoon and her clothing line, Draper James, LLC, have found themselves the subjects of a public relations debacle, and now, a class action after running a promotion for teachers that has gone horribly wrong. To read more about the implications of advertising and promotion rules and the impact of the California Consumer Privacy Act, please click here. [read post]
16 Jul 8:00 am
On June 14, 1988, Thomas John Heck Jr. executed a note in favor of Paul D. Heck.  The note promised to pay $51,000 at 7% interest, compounded annually, with this instruction: “Borrower shall make a single payment on demand within 90 days of demand letter. If payment is not demanded or paid by Borrower, this note will renew automatically in full force of the terms until said note is paid.” Thomas John Heck Jr. died on Nov. 7, 2016 without Paul Heck ever demanding payment on the note. Paul Heck demanded payment from the Estate of Thomas John Heck Jr. (Estate) on Dec. 8,… [read post]
16 Jul 7:57 am
Being on the brink of divorce can be an intimidating and scary experience. If you find yourself seeking to initiate the divorce process, or you’ve suddenly been served with a complaint for divorce by your spouse, what’s next? The first step is to find an attorney. Many people have little to no familiarity with the court system and can easily be overwhelmed by the process. This is where having an experienced attorney like those at Skoloff & Wolfe, P.C. can benefit you. Once you have retained an attorney, what is the process like? What do you need to do? How long is this… [read post]
16 Jul 7:35 am
When a marriage ends, many former couples carry hurt, anger, grief, resentment, and hostility towards each other. Some former spouses cannot let go of these feelings even after the divorce. What happens to the children of these marriages when those feelings carry over into their post-separation lives? During custody exchanges, school functions, or social events, parents need to interact and share what is going on with their minor children. When these interactions devolve into yelling, shouting, or even physical confrontations, the ones to suffer the most are quite often the… [read post]
16 Jul 7:35 am
Even though the pandemic has slowed the federal courts here in Atlanta and throughout Georgia and the rest of the country, federal criminal investigations continue apace.  Those of you bored enough at home to spend time on this blog recognize that as a criminal defense lawyer specializing in federal criminal cases, I post on various aspects of this kind of work, the people involved, and various tips and tricks I’ve encountered over my 37 years doing this kind of work.  Today’s topic: the “reverse proffer.” First let’s discuss the… [read post]
16 Jul 7:30 am
Today, the Court of Justice of the European Union issued a landmark decision striking down the EU-U.S. Privacy Shield—an agreement between EU and U.S. authorities authorizing transfers of EU personal data to the United States—but upholding the validity of standard contractual clauses (“SCCs”), another mechanism that EU-based organizations use to transfer data internationally. Covington represents BSA | The Software Alliance (“BSA”) in the case, and key aspects of BSA’s arguments on the validity of SCCs were reflected in the Court’s… [read post]
16 Jul 7:26 am
Greil Marcus is a curmudgeon's curmudgeon, which means that he is a romantic. "Ask Greil" is one of life's small pleasures for me: it reads like the few minutes before a really interesting graduate school seminar starts, when the students and the instructor talk about things that they've been reading, or listening to, or seeing. It is not unusual for me to find that I disagree with a particular statement, but pinning down the basis for my disagreement is itself a worthwhile exercise. So, in response to, "If you had to guess, for how long do you think the United States of America will… [read post]
16 Jul 7:14 am
The Court of Justice of the European Union has ruled that the EU/US Privacy Shield scheme is invalid, and that the standard data protection clauses are not an “appropriate safeguard” for data transfers if they are not or cannot be complied within the relevant third country. In its long-awaited judgment in Schrems II (Case C-311/18), which was released this morning, the  CJEU has affirmed that EU personal data may be transferred to a third country only if it is subject to appropriate safeguards, including that the relevant individuals are guaranteed a level of… [read post]
16 Jul 7:13 am
Upon the breakdown of a marriage through separation or divorce, what happens to the matrimonial home can be one of the more difficult issues to navigate. Not only can there be a great deal of emotional investment into the home, with both parties feeling strong ties to it, but a home can often be a couple’s most valuable asset. A recent decision from the Court of Appeal for Ontario looked at a situation where one spouse was ordered to transfer a 50% interest in the home to the other. The issue and the original trial The original trial dealt with the issue of the matrimonial… [read post]
16 Jul 7:13 am
Upon the breakdown of a marriage through separation or divorce, what happens to the matrimonial home can be one of the more difficult issues to navigate. Not only can there be a great deal of emotional investment into the home, with both parties feeling strong ties to it, but a home can often be a couple’s most valuable asset. A recent decision from the Court of Appeal for Ontario looked at a situation where one spouse was ordered to transfer a 50% interest in the home to the other. The issue and the original trial The original trial dealt with the issue of the matrimonial… [read post]
16 Jul 7:02 am
Photographers have long been able to utilize the copyright system for registering groups of photographs for a single registration fee, now $55.00. It has to be one of the best bargains in the IP world. Registration gives photographers and other authors of original content access to federal courts, a presumption of validity, a public record of ownership and customs protection. To register multiple photos (e.g., a “photo shoot”) the registration must qualify as an unpublished “collection” and comply with the following requirements: (1) The… [read post]
16 Jul 6:55 am
Last spring, a 15-year-old Guatemalan boy found himself thousands of miles away from home, without his parents in a country where he didn’t speak the language. His parents were itinerant farm workers from the Mayan highlands of Huahuatenango, Guatemala. They were often away, leaving him to fend for himself. The boy, called “M.D.S.” to protect his identity, was trafficked to the United States by a man who claimed to authorities to be his father. They traveled on foot and by bus through Mexico and crossed at the Texas border in March 2019. There, they were separated by… [read post]
16 Jul 6:31 am
In May of this year, the European Data Protection Board (EDPB) issued guidelines on consent under the General Data Protection Regulation (GDPR). Consistent with European practice (perhaps tradition at this point), the EDPB requires a high threshold to be met for adequate consent to process personal data. As a result of the guidelines, we have … Continue reading EU Regulators Crack Down on Taking Cookies from the Cookie Jar: How the EDPB’s Recent Consent Guidelines May Affect Your Business’s Website  [read post]
16 Jul 6:29 am
The Indiana Court of Appeals recently affirmed a jury verdict in favor of a defendant in an Indiana car accident case. In Cook v. Beeman, the Plaintiff, Edward Cook, was driving west on Tenth Street in Jeffersonville, Indiana and collided with a vehicle being driven north on Allison Lane by the Defendant, Mark Beeman. Both Cook and Beeman claimed they had a green light at the intersection of Tenth Street and Allison Lane. The jury returned a verdict in favor of Beeman, finding Cook 51% at fault and Beeman 49% at fault in causing the collision. Under Indiana’s Comparative Fault… [read post]
16 Jul 6:07 am
Mail-in ballots are a focus of the current news cycle due to the coronavirus and the upcoming elections. Governor Murphy, cautious of the spread of the virus at polling locations, has put a greater emphasis on the use of mail-in ballots. New Jersey law requires that a mail-in ballot must be “as nearly as possible a facsimile of the election ballot”, but what does that language really mean? The New Jersey Appellate Division answered precisely this question in the case of City of Perth Amboy, a Mun. Corp. of the State of New Jersey v. Elaine M. Flynn, Middlesex Cty. Clerk,… [read post]
16 Jul 6:00 am
Spotlighted in a recent ABA Journal article, Boyer Law Firm is proud to have conducted its first fully-virtual federal trial. This was an international child abduction case, under the Hague Convention. Adapting to an ever-changing legal landscape is the bedrock on which our firm was founded. The post Virtual Trial: International Child Abduction appeared first on Blog | Boyer Law Firm. [read post]
16 Jul 5:47 am
Collaborative Divorce is a form of private dispute resolution where you and your spouse agree to use your attorneys solely for the purpose of reaching an out-of-court agreement.  Collaborative Divorce is not for everyone.  Though Collaborative Divorce has worked for thousands of families around the world, it may not be the right process for you. This article explores whether Collaborative Divorce may not be right for you. You want your “Day in Court” You may want your “Day in Court.”  You may feel that, if only you could get in front of a judge,… [read post]
16 Jul 5:31 am
The European Commission would welcome a swift ratification of the Unified Patent Court Agreement by Germany. Commissioner Thierry Breton for the Internal Market has written this in answer to questions of MEP Patrick Breyer. Breyer, member of the European Parliament for the German Pirate Party, asked the European Commission on 5 May 2020 to confirm that, due to the Brexit, Germany no longer has the right to ratify the UPCA. Breyer argued: “According to EU case law (Court of Justice of the European Union Case 22/70), Member States must not enter into agreements with third… [read post]