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Exceptions to the Parol Evidence Rule an Important Consideration for Litigation Strategy

Tyler J. Oldenburg October 9, 2019

Most remember “merger” and “integration” clauses from their contracts courses in law school. Where a contract purports to state it is the entire agreement between the parties as to the subject matter of the contract, no parol evidence can be offered to contradict, modify, or amend the terms of that contract. The fundamental purpose of a merger clause “is to

SCOTUS Strikes Down North Carolina Trust Tax Law

Kurt Mattson September 26, 2019

The United States Supreme Court recently decided a case about the limits of a State’s power to tax a trust. In North Carolina v. Kaestner, Justice Sotomayor and a majority of the Court affirmed the decision of the North Carolina Supreme Court that it’s unconstitutional to tax trust income when the trust has nearly no connection with the state. The

What Is Killing Us These Days?

Kay Van Wey September 26, 2019

OK, all you smartypants, you get style points if you said heart disease or cancer. You get bonus points if you have been reading my articles and you guessed opioids! If you guessed preventable medical errors, you are my new BFF and I’ll buy you a cup of coffee if you’d like to come to my office to collect your

What If You’re Not Sure Whether an Order Is Final and Appealable?

Robin Bresky September 23, 2019

Some Florida trial court orders are final and appealable. Some orders are nonfinal but appealable on an interlocutory basis. Some orders are nonfinal and nonappealable; they cannot be reviewed except perhaps in an original proceeding via a petition for a writ such as a writ of certiorari. When considering an appeal, it is important to know which category the order

What is Intellectual Property?

Wayne Carroll September 17, 2019

Most people think that patents, trademarks and copyrights are intellectual property, but these are not intellectual property. Intellectual property is a form of property, but it is something that you cannot really see or touch because it is intangible property. Tangible property, like a house or a car, is something that you can touch and see, but intellectual property is

Do I Need to File a Trademark in Arizona?

Wayne Carroll September 17, 2019

Many businesses ask if they need a federal trademark to protect the name of their company, or their brand name, or a logo. While usually it is better to have the extra protection that a federally registered trademark provides, there are reasons why businesses choose not to file for federal protection. The following are three questions that businesses have asked,

Safeguards for Deployed Military from Default Divorce Orders

Stacy Rocheleau September 11, 2019

How does a deployed military member stop a default divorce from being filed? Military members, like everyone else, only have 21 days to respond to a divorce complaint. But, unlike civilians, a military divorce or custody action can be stayed by the Servicemembers Civil Relief Act (SCRA). SCRA provides protections to deployed military members. SCRA can protect from much more

Texas Expands Medical Cannabis Program: New Hope for More Patients

Katy Mena-Berkley August 7, 2019

Signed by Gov. Greg Abbott in June 2019, HB 3703 allows patients with epilepsy and seizure disorders, multiple sclerosis, autism, terminal cancer, and neurodegenerative conditions to pursue physician-guided and monitored treatment with low-THC medical cannabis oil that’s rich in the compound cannabidiol (CBD). The Texas low-THC medical cannabis program, with a proven track record of success for patients with intractable

Ohio’s License Reinstatement Fee Amnesty Initiative

Megan O’Dell August 5, 2019

Often, a major barrier to employment is the lack of a driver’s license. And for individuals with a limited income and money owed on reinstatement fees to the BMV, it can be nearly impossible to have a valid driver’s license. Without a valid driver’s license, individuals are forced to choose between losing employment, which creates a host of different problems,

Permanent Residency: Sponsor Requirements & Responsibilities

Kathleen S. Fish August 5, 2019

Immigration attorneys frequently find themselves presented with the same question – “But has the Trump administration really changed anything with respect to immigration law?” While it may feel as though the resounding answer is “yes,” in reality, President Trump’s administration has only strengthened the enforcement of the same immigration laws that were enacted years ago. With published memorandums, the travel

For the Public

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