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Federal Career Offender Laws: Harsh Consequences for a Life of Crime

Eric Nemecek August 17, 2017

The United States Sentencing Guidelines (U.S.S.G.) provide significantly enhanced penalties for individuals who are deemed “career offenders.” These defendants typically receive increased offense levels and criminal history categories, which ultimately result in expansive penalty ranges that can– or in some cases must – be imposed. Although the career offender requirements may appear relatively straight-forward, subtle nuances within the language and

Are LGBTQ Protections Coming To A Workplace Near You?

James Patrick August 17, 2017

Is the writing on the wall for an extension of Title VII protections to LGBTQ employees? In a recent landmark decision, the Seventh Circuit Court of Appeals became the first federal court of appeals in the nation to rule sexual orientation claims are actionable under Title VII of the Civil Rights Act of 1964. Although not binding on courts (or

‘America First’ – Brands & Products Labels

Z. Peter Sawicki and James L. Young July 29, 2017

The Stars and Stripes – America’s Brand On June 14, 1777, the Second Continental Congress passed the Flag Resolution, establishing the format for our current U.S. flag: thirteen stripes, alternating red and white, and an array of white stars on a blue field. Each nation’s flag is an important symbol for that country’s citizens. It embodies a common heritage and

Parental Relocation: Reasonable Purpose & Burden of Proof

Francis King July 20, 2017

A particularly difficult post-divorce problem arises when one parent wishes to relocate with a child to another state. In March of this year, the Tennessee Supreme Court rendered an important decision on this subject, Aragon v. Aragon, 513 S.W.3rd 47 (March 16, 2017). In Aragon, the parenting plan order entered at the time of the divorce provided that the parents

Establishing Protection for Software and Software-Based Technologies

Grant Ford July 20, 2017

Clients and potential clients often mistakenly believe that software can’t be patented or that copyright is the only option. However, software is often eligible for multiple forms of intellectual property protection. Patents, copyrights and trade secrets each provide varying scopes of protection and enforcement, and a proper protection strategy should weigh the benefits of each. Patents are designed to protect

The New Administration’s Policies on Immigration: Tactical Fear

Alan Diamante July 11, 2017

While this administration has yet to construct a physical barrier between the United States and Mexico, it is building a metaphysical wall of fear via its executive orders and actions by the Department of Homeland Security. The paradigmatic shift in immigration policy expresses that most immigrants are not welcome in the United States. The executive branch has sought to deport

DACA-Based Advanced Parole

Rishi Oza July 7, 2017

With all eyes focused on the Trump administration, changes to the current immigration landscape, a little- known pathway for individuals with DACA, has been recently used by immigration attorneys and practitioners to help clients on their quest to obtain lawful permanent resident status. As is widely known, DACA was originally created under the Obama administration as a way to provide

DOJ Has the Power to Deal With Corporate Execs Responsible for Heroin Epidemic – Will AG Sessions Use It?

Marc Dann July 7, 2017

For the second time in a decade, a group of Fortune 500 companies are engaged in a con game that is devastating working-class families and the communities in which they live. The first scam, which involved predatory lending and the sale of worthless mortgage-backed securities, led to the collapse of the U.S. housing market. In its wake, nearly 10 million

Walking the Fine Line Between Legal Background Checks and Liability for Employee Conduct

Ric Selby July 7, 2017

When an employer is hiring a new employee, it must engage in a balancing act between protecting the interests of its customers, with the rights of the prospective employee. Under Ohio law, an employer may be held liable under a theory of negligent hiring for injuries sustained by customers or other third parties for injuries caused by an employee who

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