For the Public

liquor

Booze Brands Brouhaha

In the liquor industry, trademarks are a big deal. Pretend you’re a bartender. On a typical evening, you’ll take drink orders like these: “I’ll have a Bud Light.” “Jack Daniels neat and, make it a double.” “A glass of Franzia chardonnay, please.” (OK, that last one probably never happened). Usually, liquor is ordered by the brand, unless you’re settling for

Read More »
children

The Forgotten Children of Divorce

As divorce rates for people older than 50 continue to rise, the impact on late teen and college age children has largely been ignored by lawmakers and courts. Although current research shows that older children are just as negatively impacted by their parents’ divorce as younger children, there are no formal considerations for them in the Minnesota statutes governing divorce.

Read More »
Cy pres

As Close As Possible: The Cy Pres Doctrine in the Class Action Context

If you’ve received an email or postcard saying you were a part of a class action settlement and you forgot to put in a claim, you may be part of millions distribution to charity. When a class action settles, a large percentage of people do exactly what you’ve done in the past – forget about the notice and don’t make

Read More »
Preliminary

The Preliminary Hearing: A Criminal Defense Lawyer’s Deposition

As a criminal defense lawyer who also does some civil work, I’m often struck by the differences between civil and criminal law when it comes to pre-trial testimony. In civil cases, it would be almost unheard of to have a witness testify at trial who had not been deposed prior to trial. Often, litigators will know the witness’s answers for

Read More »
PRP

Parenting Plan Modification: Changing Custody Versus Changing the Parenting Schedule

Williamson v. Lamm is an instructive example of how the standard applicable to determining whether a material change in circumstances has occurred with regard to a residential parenting schedule is different from that for determining whether such a change has occurred with regard to child custody. Williamson involved an equal time permanent parenting plan with the mother designated as the

Read More »
landlord

Landlords Who Use Self-Help Remedies to Evict Tenants in Default

A recent decision issued by the Fourth District Court of Appeals is a cautionary tale for landlords who think they can use “self-help” remedies against their tenants. As discussed in detail herein, for this particular landlord it was an expensive lesson. In Palm Beach Fla. Hotel & Office Bldg. Ltd. P’ship v. Nantucket Enters, 2016 Fla. App. LEXIS 18069, the

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criminal

Order in the Court – Criminal Versus Civil Contempt

In 1979, Hollywood introduced us to a dramatic courtroom exchange between a judge and a criminal defense attorney, whereby the two courtroom participants are convinced that the other is “out of order.” “And Justice For All,” in its final scene, has defense attorney Arthur Kirkland, played by Al Pacino, and Judge Francis Rayford, played by the late Jack Warden, pointing

Read More »
minimum- wage

Los Angeles Metropolitan Area Employers Face Specific New Rules in 2017

In addition to changes to various state and federal employment laws, Los Angeles Metropolitan Area employers will face some additional challenges in 2017 — a new restriction on investigating job applicants’ criminal records as well as municipal minimum- wage increases. Ban the Box — Criminal Convictions “Ban the box” refers to the movement to restrict employers from inquiring about applicants’

Read More »
liquor

Booze Brands Brouhaha

In the liquor industry, trademarks are a big deal. Pretend you’re a bartender. On a typical evening, you’ll take drink orders like these: “I’ll have a Bud Light.” “Jack Daniels neat and, make it a double.” “A glass of Franzia chardonnay, please.” (OK, that last one probably never happened). Usually, liquor is ordered by the brand, unless you’re settling for

Read More »
children

The Forgotten Children of Divorce

As divorce rates for people older than 50 continue to rise, the impact on late teen and college age children has largely been ignored by lawmakers and courts. Although current research shows that older children are just as negatively impacted by their parents’ divorce as younger children, there are no formal considerations for them in the Minnesota statutes governing divorce.

Read More »
Cy pres

As Close As Possible: The Cy Pres Doctrine in the Class Action Context

If you’ve received an email or postcard saying you were a part of a class action settlement and you forgot to put in a claim, you may be part of millions distribution to charity. When a class action settles, a large percentage of people do exactly what you’ve done in the past – forget about the notice and don’t make

Read More »
Preliminary

The Preliminary Hearing: A Criminal Defense Lawyer’s Deposition

As a criminal defense lawyer who also does some civil work, I’m often struck by the differences between civil and criminal law when it comes to pre-trial testimony. In civil cases, it would be almost unheard of to have a witness testify at trial who had not been deposed prior to trial. Often, litigators will know the witness’s answers for

Read More »
PRP

Parenting Plan Modification: Changing Custody Versus Changing the Parenting Schedule

Williamson v. Lamm is an instructive example of how the standard applicable to determining whether a material change in circumstances has occurred with regard to a residential parenting schedule is different from that for determining whether such a change has occurred with regard to child custody. Williamson involved an equal time permanent parenting plan with the mother designated as the

Read More »
landlord

Landlords Who Use Self-Help Remedies to Evict Tenants in Default

A recent decision issued by the Fourth District Court of Appeals is a cautionary tale for landlords who think they can use “self-help” remedies against their tenants. As discussed in detail herein, for this particular landlord it was an expensive lesson. In Palm Beach Fla. Hotel & Office Bldg. Ltd. P’ship v. Nantucket Enters, 2016 Fla. App. LEXIS 18069, the

Read More »
criminal

Order in the Court – Criminal Versus Civil Contempt

In 1979, Hollywood introduced us to a dramatic courtroom exchange between a judge and a criminal defense attorney, whereby the two courtroom participants are convinced that the other is “out of order.” “And Justice For All,” in its final scene, has defense attorney Arthur Kirkland, played by Al Pacino, and Judge Francis Rayford, played by the late Jack Warden, pointing

Read More »
minimum- wage

Los Angeles Metropolitan Area Employers Face Specific New Rules in 2017

In addition to changes to various state and federal employment laws, Los Angeles Metropolitan Area employers will face some additional challenges in 2017 — a new restriction on investigating job applicants’ criminal records as well as municipal minimum- wage increases. Ban the Box — Criminal Convictions “Ban the box” refers to the movement to restrict employers from inquiring about applicants’

Read More »

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