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For the Public

Immigration Enforcement Under the Trump Administration

Rebekah Grafton March 4, 2017

On Jan. 20, 2017, President Trump took office and began making immediate changes to immigration policies. Most widely publicized was an Executive Order regarding a 90- day ban on travel for individuals who were born in seven countries. That Executive Order is currently subject to a temporary restraining order, however, there were two other Executive Orders signed that have dramatically

Booze Brands Brouhaha

Z. Peter Sawicki and James L. Young March 4, 2017

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

The Forgotten Children of Divorce

Kathleen Newman March 4, 2017

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.

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

Patrick Perotti March 2, 2017

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

The Preliminary Hearing: A Criminal Defense Lawyer’s Deposition

Rob McGuire February 22, 2017

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

Parenting Plan Modification: Changing Custody Versus Changing the Parenting Schedule

Francis King February 22, 2017

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

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

Laurie Thompson February 14, 2017

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

Florida Supreme Court Rejects Third-Party Beneficiary Theory of Enforcing Arbitration Clauses

Robin Bresky February 14, 2017

Imagine that you are an elderly patient being admitted to a nursing home. Your son signs the admission contract. You don’t see the contract, much less sign it. Unbeknownst to you, the contract contains an arbitration clause. Now imagine that you develop an eye infection while in the nursing home, and your eye has to be removed. Can you sue

Order in the Court – Criminal Versus Civil Contempt

Danny Clancy February 11, 2017

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

Los Angeles Metropolitan Area Employers Face Specific New Rules in 2017

Daniel Ho February 11, 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’

For the Public

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