Our country has continued to change the traditional workplace with fewer manufacturing, trade and skilled labor jobs and more customer service-oriented, medical and virtual office jobs requiring travel as part of the employment. Workers are commuting more, blurring the lines of when work begins and ends, leading employers and employees to seek guidance as to what is considered a compensable
A district court of appeal can exercise either appellate jurisdiction or original jurisdiction. The scope of review can be either broad or narrow, depending on the type of order reviewed and the kind of jurisdiction exercised. Courts have appellate jurisdiction to review an order or judgment of a lower tribunal where a constitutional provision, statute or rule provides authority to
In business transactions, drafters often include certain “boilerplate” terms within the transaction documents, including forum selection or venue clauses. These provisions typically attempt to mandate the location where any litigation arising from the transaction must occur. However, when not clearly drafted, these provisions can lead to the initial stages of litigation becoming consumed in a battle over where the case
Seventy years ago, Congress agreed on comprehensive federal trademark legislation that, for the most part, still exists today. This 1946 law is commonly referred to as the Lanham Act See 15 USC 1051. Collectively, we’ve been practicing trademark law for about as long as this statute is old, but it’s important to know that the Lanham Act is not the
Whistleblowing continues to be one of the fastest growing and grossing areas of law. In addition to the financial incentive for whistleblowers, laws are constantly added to fuel the field’s meteoric growth. In 2015, the U.S. Justice Department reported that it settled False Claims Act (FCA) cases with over 450 hospitals for more than $250 million related to improper billing
The human right to seek asylum from persecution is fundamental. The controlling international convention on refugee law is the 1951 Convention Relating to the Status of Refugees and its 1967 Optional Protocol Relating to the Status of Refugees. The United States committed to protecting refugees in 1967 when it enacted legislation to incorporate the Optional Protocol’s key provisions. In 1996,
Many people plan for their future by investing money in the stock market, paying off their home and mapping out the travel and adventure they will experience in retirement. Yet, few people plan for the possibility of becoming disabled and unable to work. Studies show one in four of today’s 20-years-olds will become disabled before the age of 67, yet
Over the course of the last few years, Utah’s adoption laws have regularly made headlines, but not for the reasons one would hope. Nationally, Utah has become an infamous forum for non-resident birth mothers in search of adoptive families, often without the knowledge or consent of the putative father. Utah, not unlike many other states, does not recognize the interests
A potential client appears in your office with a familiar story… An aging, but relatively healthy mother lived with her daughter when she had to be admitted into the hospital for an illness. Her daughter remained by her side 24/7. Her mother was due to be released soon and the nurses encouraged the daughter to go home, take a shower,
One of the unspoken problems in divorce today is the financial impact it has on adult or soon-to-be adult children, assuming that the adult child is not disabled. In Minnesota, a person is considered an adult when they reach the age of 18. Minn. Stat. §645.451 subd. 3. Under the divorce statutes, however, financial support for a child continues until
Our country has continued to change the traditional workplace with fewer manufacturing, trade and skilled labor jobs and more customer service-oriented, medical and virtual office jobs requiring travel as part of the employment. Workers are commuting more, blurring the lines of when work begins and ends, leading employers and employees to seek guidance as to what is considered a compensable
A district court of appeal can exercise either appellate jurisdiction or original jurisdiction. The scope of review can be either broad or narrow, depending on the type of order reviewed and the kind of jurisdiction exercised. Courts have appellate jurisdiction to review an order or judgment of a lower tribunal where a constitutional provision, statute or rule provides authority to
In business transactions, drafters often include certain “boilerplate” terms within the transaction documents, including forum selection or venue clauses. These provisions typically attempt to mandate the location where any litigation arising from the transaction must occur. However, when not clearly drafted, these provisions can lead to the initial stages of litigation becoming consumed in a battle over where the case
Seventy years ago, Congress agreed on comprehensive federal trademark legislation that, for the most part, still exists today. This 1946 law is commonly referred to as the Lanham Act See 15 USC 1051. Collectively, we’ve been practicing trademark law for about as long as this statute is old, but it’s important to know that the Lanham Act is not the
Whistleblowing continues to be one of the fastest growing and grossing areas of law. In addition to the financial incentive for whistleblowers, laws are constantly added to fuel the field’s meteoric growth. In 2015, the U.S. Justice Department reported that it settled False Claims Act (FCA) cases with over 450 hospitals for more than $250 million related to improper billing
The human right to seek asylum from persecution is fundamental. The controlling international convention on refugee law is the 1951 Convention Relating to the Status of Refugees and its 1967 Optional Protocol Relating to the Status of Refugees. The United States committed to protecting refugees in 1967 when it enacted legislation to incorporate the Optional Protocol’s key provisions. In 1996,
Many people plan for their future by investing money in the stock market, paying off their home and mapping out the travel and adventure they will experience in retirement. Yet, few people plan for the possibility of becoming disabled and unable to work. Studies show one in four of today’s 20-years-olds will become disabled before the age of 67, yet
Over the course of the last few years, Utah’s adoption laws have regularly made headlines, but not for the reasons one would hope. Nationally, Utah has become an infamous forum for non-resident birth mothers in search of adoptive families, often without the knowledge or consent of the putative father. Utah, not unlike many other states, does not recognize the interests
A potential client appears in your office with a familiar story… An aging, but relatively healthy mother lived with her daughter when she had to be admitted into the hospital for an illness. Her daughter remained by her side 24/7. Her mother was due to be released soon and the nurses encouraged the daughter to go home, take a shower,
One of the unspoken problems in divorce today is the financial impact it has on adult or soon-to-be adult children, assuming that the adult child is not disabled. In Minnesota, a person is considered an adult when they reach the age of 18. Minn. Stat. §645.451 subd. 3. Under the divorce statutes, however, financial support for a child continues until
