For the Public

FMLA

Sick Leave and the FMLA

Many people believe it is illegal to terminate an employee who missed work due to illness. While this may be true some of the time, it is not always the case. Only those employees who qualify under the Family and Medical Leave Act (FMLA) have job protection while off due to illness. Eligible employees have up to 12 weeks of

Read More »
ARS

Arizona’s Statutory Rules for Standard of Care Experts

Rule 702 provides for the admission of expert opinion testimony if the expert is qualified based upon experience education and training, to give the opinion and the opinion will help the jury resolve an issue in the case. ARS § 12-2604 adds requirements for expert witnesses offering testimony in claims against health care providers. The statute applies to standard of

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legal asset protection

A Primer on Legal Asset Protection

What is legal asset protection? First, it is the tried and true strategy that everyone is familiar with – insurance. For individuals, the most common types of insurance protections are for: (1) auto accident collisions and injury, and (2) damages to the insurer’s home. Most businesses also have insurance covering exposures like fire, damage, “slip and fall” and work-related employee

Read More »
war of the roses

From a War of the Roses to a Meeting of the Minds

Your family law clients might not be ready to draw a line through the center of the house as Michael Douglas and Kathleen Turner did in “The War of the Roses,” but their divorces may be just as contentious. Whether contentious or not, family law matters can be skillfully resolved with the help of a mediator extensively experienced in family

Read More »
Executive Order

Immigration Enforcement Under the Trump Administration

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

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 »
FMLA

Sick Leave and the FMLA

Many people believe it is illegal to terminate an employee who missed work due to illness. While this may be true some of the time, it is not always the case. Only those employees who qualify under the Family and Medical Leave Act (FMLA) have job protection while off due to illness. Eligible employees have up to 12 weeks of

Read More »
ARS

Arizona’s Statutory Rules for Standard of Care Experts

Rule 702 provides for the admission of expert opinion testimony if the expert is qualified based upon experience education and training, to give the opinion and the opinion will help the jury resolve an issue in the case. ARS § 12-2604 adds requirements for expert witnesses offering testimony in claims against health care providers. The statute applies to standard of

Read More »
legal asset protection

A Primer on Legal Asset Protection

What is legal asset protection? First, it is the tried and true strategy that everyone is familiar with – insurance. For individuals, the most common types of insurance protections are for: (1) auto accident collisions and injury, and (2) damages to the insurer’s home. Most businesses also have insurance covering exposures like fire, damage, “slip and fall” and work-related employee

Read More »
war of the roses

From a War of the Roses to a Meeting of the Minds

Your family law clients might not be ready to draw a line through the center of the house as Michael Douglas and Kathleen Turner did in “The War of the Roses,” but their divorces may be just as contentious. Whether contentious or not, family law matters can be skillfully resolved with the help of a mediator extensively experienced in family

Read More »
Executive Order

Immigration Enforcement Under the Trump Administration

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

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 »

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