For the Public

neurosurgeon

The Making of a Surgeon Serial Killer

With all the hysteria leading up to the election and everything that has happened since, I am betting that some of you have stopped reading the newspaper and shut off the television. That is probably healthy. If you did, you missed some big legal news. A neurosurgeon was recently sentenced to life in prison in Dallas County. As many of

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surname

Trademarks – The Surname Game

The New Business Name Almost every business starts on a small scale, such as in the founder’s garage (or now, out of the founder’s laptop). In many instances, the surname of the founder becomes the name of the business and brand for its goods and services. There is a bit of founder vanity involved in doing so, but it might

Read More »
gray divorce

Even More Gray Area: The Impact of Cognitive Dysfunction in Older Divorce Clients

In recent years, statistics have shown that while the overall divorce rate is falling, divorces for people over 50 are rising. The gray divorce phenomenon has many issues particular to that age group, including spousal maintenance for a homemaker spouse or when there has been significant disparity in incomes; the tracing of inherited assets; and the division and use of

Read More »
financial

Financial Planning After Divorce

Divorce is a difficult process – even under the best of conditions. The most pressing issue is to complete the separation from the former spouse. Change passwords – everywhere. Don’t leave financial, email or social media accounts open to abuse by someone who may be feeling aggrieved. The next step is to adjust the financial plans to reflect the new

Read More »
Supreme Court of Florida

Florida Supreme Court Declines Daubert Standard for Expert Evidence

In addition to deciding cases, the Florida Supreme Court has the responsibility of adopting procedural rules for court proceedings; but the Court does not directly promulgate rules of evidence. The Legislature has enacted the Florida Evidence Code in chapter 90 of the Florida Statutes, and the Supreme Court usually adopts the legislative amendments to the extent they are procedural. The

Read More »
Age Discrimination

Age Discrimination

According to a recent article in the New York Times, older employees, even those of retirement age, are staying in the workforce longer. Some are working longer out of necessity while others remain simply because of increased longevity. Whatever the cause for the trend, it is important to understand the laws that are in place to protect this older generation

Read More »
questions

The Big Questions: A Case Study on What Is ‘Unfair’ and ‘Deceptive’

From time to time, we here in the class action department of Dworken & Bernstein will ask the fundamental questions: What does unfair mean? What is deceptive? Where is the line? What conduct crosses it? A recent string of cases about shipping and handling fees examines these big picture issues head on. We’ve all seen them – the late night

Read More »
Garrity

Fifth Amendment Protection in the Public Employment Sector

Imagine being summoned into your employer’s office and informed that you’re the subject of an investigation into a criminal offense. This scenario would be extremely stressful, especially where there are legitimate concerns regarding the allegations and the potential consequences. Now, imagine that the person questioning you is a government official who provides you with the following options: Cooperate with the

Read More »
gun law

How Does Ohio’s New Gun Law Impact The Workplace?

On March 21, 2017, a new gun law went into effect in Ohio that expands the rights of concealed carry permit holders, allows active-duty members of the armed forces to carry weapons without a concealed carry license if certain conditions are met, and broadens the scope of places where those permit holders may carry their firearms. But what does this

Read More »
registered trademark

A Game of Clones

“As an initial guideline, having a federally registered trademark is important. Theoretically speaking it is not necessary, but it makes the journey easier, less costly and the outcome more assured. An incontestable registration is even better, as it shuts down blow-back that your client’s mark is descriptive.” We all know someone who has purchased an expensive product at a bargain

Read More »
neurosurgeon

The Making of a Surgeon Serial Killer

With all the hysteria leading up to the election and everything that has happened since, I am betting that some of you have stopped reading the newspaper and shut off the television. That is probably healthy. If you did, you missed some big legal news. A neurosurgeon was recently sentenced to life in prison in Dallas County. As many of

Read More »
surname

Trademarks – The Surname Game

The New Business Name Almost every business starts on a small scale, such as in the founder’s garage (or now, out of the founder’s laptop). In many instances, the surname of the founder becomes the name of the business and brand for its goods and services. There is a bit of founder vanity involved in doing so, but it might

Read More »
gray divorce

Even More Gray Area: The Impact of Cognitive Dysfunction in Older Divorce Clients

In recent years, statistics have shown that while the overall divorce rate is falling, divorces for people over 50 are rising. The gray divorce phenomenon has many issues particular to that age group, including spousal maintenance for a homemaker spouse or when there has been significant disparity in incomes; the tracing of inherited assets; and the division and use of

Read More »
financial

Financial Planning After Divorce

Divorce is a difficult process – even under the best of conditions. The most pressing issue is to complete the separation from the former spouse. Change passwords – everywhere. Don’t leave financial, email or social media accounts open to abuse by someone who may be feeling aggrieved. The next step is to adjust the financial plans to reflect the new

Read More »
Supreme Court of Florida

Florida Supreme Court Declines Daubert Standard for Expert Evidence

In addition to deciding cases, the Florida Supreme Court has the responsibility of adopting procedural rules for court proceedings; but the Court does not directly promulgate rules of evidence. The Legislature has enacted the Florida Evidence Code in chapter 90 of the Florida Statutes, and the Supreme Court usually adopts the legislative amendments to the extent they are procedural. The

Read More »
Age Discrimination

Age Discrimination

According to a recent article in the New York Times, older employees, even those of retirement age, are staying in the workforce longer. Some are working longer out of necessity while others remain simply because of increased longevity. Whatever the cause for the trend, it is important to understand the laws that are in place to protect this older generation

Read More »
questions

The Big Questions: A Case Study on What Is ‘Unfair’ and ‘Deceptive’

From time to time, we here in the class action department of Dworken & Bernstein will ask the fundamental questions: What does unfair mean? What is deceptive? Where is the line? What conduct crosses it? A recent string of cases about shipping and handling fees examines these big picture issues head on. We’ve all seen them – the late night

Read More »
Garrity

Fifth Amendment Protection in the Public Employment Sector

Imagine being summoned into your employer’s office and informed that you’re the subject of an investigation into a criminal offense. This scenario would be extremely stressful, especially where there are legitimate concerns regarding the allegations and the potential consequences. Now, imagine that the person questioning you is a government official who provides you with the following options: Cooperate with the

Read More »
gun law

How Does Ohio’s New Gun Law Impact The Workplace?

On March 21, 2017, a new gun law went into effect in Ohio that expands the rights of concealed carry permit holders, allows active-duty members of the armed forces to carry weapons without a concealed carry license if certain conditions are met, and broadens the scope of places where those permit holders may carry their firearms. But what does this

Read More »
registered trademark

A Game of Clones

“As an initial guideline, having a federally registered trademark is important. Theoretically speaking it is not necessary, but it makes the journey easier, less costly and the outcome more assured. An incontestable registration is even better, as it shuts down blow-back that your client’s mark is descriptive.” We all know someone who has purchased an expensive product at a bargain

Read More »

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