For the Public

state

How Do You Transfer Your Client’s Probation Supervision To Another State?

What happens when the probationer will be supervised in another state? Few lawyers (and not all judges) realize that when one’s client lives in another state, the client may not leave Tennessee until the other state has “accepted” (which is a term of art) the client for probation supervision in the other state. Do you mean my California client must

Read More »
Prop. D

Prop. D Immunity for Dispensaries

With Proposition 64 on the ballot in next month’s election, it’s important to understand the current state of cannabis in Los Angeles. As of today, city ordinance 182580 bans all cannabis activity with the exception of what are commonly referred to as “Prop. D compliant” dispensaries. Prop. D stands for Proposition D, and was a ballot measure on a city

Read More »
grandparent visitation

Recent Grandparent Visitation Decision Signals Changing Perception of Family Unit

As you may recall from your constitutional law class in law school, the history of grandparent visitation rights is convoluted and deeply seeded in what is “perhaps the oldest of the fundamental liberty interests … the interest of parents in the care, custody and control of their children.” Troxel v. Granville, 530 U.S. 57 (2000). Due to the seminal holding

Read More »
Sentimental value

Sentimental Value and Division of Marital Property

Old photographs, family antiques and the autographed basketball. Sentimental value plays our heartstrings, but does it help clients get their special items at divorce? The short answer is generally no. North Carolina’s equitable distribution rules don’t address sentimentality. So what’s a practitioner to do when a client really wants a particular item? You can start by learning how the client

Read More »
concussion litigation

The NFL’s Real Concussion Litigation Battle Lies Ahead With Its Own Insurers

In 2011, a group of retired players brought suit against the NFL seeking to recover for traumatic brain injuries sustained from professional football. The concussion litigation lawsuit alleged that the NFL was aware of the danger of repeated head trauma, but instead chose to conceal the dangers to players. As a result of the alleged concealments, players rushed back onto

Read More »
Post-Acquisition Disputes

Stop Post-Acquisition Disputes Before They Surface

Perhaps you’ve heard this story before: A business owner closes on the sale of his or her lifelong business as the final step in a well-executed exit strategy. Before the celebration ends, unexpected post-acquisition disputes arise – often with the potential to send a significant portion of the financial payoff up in smoke. Experienced forensic accountants typically see two types

Read More »
zombie trademark

Zombie Trademarks: Undead Brands Unearthed

October and Halloween are times for scary creatures like witches, werewolves, ghouls, ghosts, vampires and the latest rage … zombies! We are about to embark on Season 7 of the extremely popular TV series, “The Walking Dead.” Over the years, there have been a plethora of zombie-themed films, such as “Dawn of the Dead” (1978 / 2004), “Army of Darkness”

Read More »
DAPT

The Evolution and Current Use of a Domestic Asset Protection Trust in Utah

One of the powerful tools available to Utah estate planners is the domestic asset protection trust (DAPT). This article briefly explores what a DAPT is, how it differs from other irrevocable trusts, how it came to be in Utah and how to avoid common DAPT pitfalls in practice. What is a domestic asset protection trust? A DAPT is an irrevocable

Read More »
payday

The Hundred Years War: Payday Lending

The Hundred Years War between England and France is one of history’s most notorious conflicts. The war began in 1337, continued for 116 years – I’m assuming historians called it the Hundred Years War because that sounds better – and sowed death and destruction across Europe. Throughout the decades, one side claimed to have vanquished the other on numerous occasions,

Read More »
Extradition

Understanding the Extradition Process in Ohio

“In Ohio, the governor can request extradition of any fugitive arrested in a different state.” What is “extradition?” Extradition is the process by which an individual who is being held in one state is surrendered to another state (demanding state) in connection with separate criminal proceedings. If the individual is taken into custody in a separate state, the demanding state

Read More »
state

How Do You Transfer Your Client’s Probation Supervision To Another State?

What happens when the probationer will be supervised in another state? Few lawyers (and not all judges) realize that when one’s client lives in another state, the client may not leave Tennessee until the other state has “accepted” (which is a term of art) the client for probation supervision in the other state. Do you mean my California client must

Read More »
Prop. D

Prop. D Immunity for Dispensaries

With Proposition 64 on the ballot in next month’s election, it’s important to understand the current state of cannabis in Los Angeles. As of today, city ordinance 182580 bans all cannabis activity with the exception of what are commonly referred to as “Prop. D compliant” dispensaries. Prop. D stands for Proposition D, and was a ballot measure on a city

Read More »
grandparent visitation

Recent Grandparent Visitation Decision Signals Changing Perception of Family Unit

As you may recall from your constitutional law class in law school, the history of grandparent visitation rights is convoluted and deeply seeded in what is “perhaps the oldest of the fundamental liberty interests … the interest of parents in the care, custody and control of their children.” Troxel v. Granville, 530 U.S. 57 (2000). Due to the seminal holding

Read More »
Sentimental value

Sentimental Value and Division of Marital Property

Old photographs, family antiques and the autographed basketball. Sentimental value plays our heartstrings, but does it help clients get their special items at divorce? The short answer is generally no. North Carolina’s equitable distribution rules don’t address sentimentality. So what’s a practitioner to do when a client really wants a particular item? You can start by learning how the client

Read More »
concussion litigation

The NFL’s Real Concussion Litigation Battle Lies Ahead With Its Own Insurers

In 2011, a group of retired players brought suit against the NFL seeking to recover for traumatic brain injuries sustained from professional football. The concussion litigation lawsuit alleged that the NFL was aware of the danger of repeated head trauma, but instead chose to conceal the dangers to players. As a result of the alleged concealments, players rushed back onto

Read More »
Post-Acquisition Disputes

Stop Post-Acquisition Disputes Before They Surface

Perhaps you’ve heard this story before: A business owner closes on the sale of his or her lifelong business as the final step in a well-executed exit strategy. Before the celebration ends, unexpected post-acquisition disputes arise – often with the potential to send a significant portion of the financial payoff up in smoke. Experienced forensic accountants typically see two types

Read More »
zombie trademark

Zombie Trademarks: Undead Brands Unearthed

October and Halloween are times for scary creatures like witches, werewolves, ghouls, ghosts, vampires and the latest rage … zombies! We are about to embark on Season 7 of the extremely popular TV series, “The Walking Dead.” Over the years, there have been a plethora of zombie-themed films, such as “Dawn of the Dead” (1978 / 2004), “Army of Darkness”

Read More »
DAPT

The Evolution and Current Use of a Domestic Asset Protection Trust in Utah

One of the powerful tools available to Utah estate planners is the domestic asset protection trust (DAPT). This article briefly explores what a DAPT is, how it differs from other irrevocable trusts, how it came to be in Utah and how to avoid common DAPT pitfalls in practice. What is a domestic asset protection trust? A DAPT is an irrevocable

Read More »
payday

The Hundred Years War: Payday Lending

The Hundred Years War between England and France is one of history’s most notorious conflicts. The war began in 1337, continued for 116 years – I’m assuming historians called it the Hundred Years War because that sounds better – and sowed death and destruction across Europe. Throughout the decades, one side claimed to have vanquished the other on numerous occasions,

Read More »
Extradition

Understanding the Extradition Process in Ohio

“In Ohio, the governor can request extradition of any fugitive arrested in a different state.” What is “extradition?” Extradition is the process by which an individual who is being held in one state is surrendered to another state (demanding state) in connection with separate criminal proceedings. If the individual is taken into custody in a separate state, the demanding state

Read More »

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