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For the Public

Wells Fargo, Partisanship, and a Case for the Middle Path

Nicole Fiorelli December 9, 2016

Wells Fargo has come under immense pressure not only publicly, but politically and legally, for its scheme that caused over two million accounts to be opened in customers’ names without their consent. If you haven’t read about this, Wells Fargo had institutional goals and incentives in place that paid its retail banking employees substantial bonuses for opening new customer accounts.

Expanding the Scope of the Computer Fraud and Abuse Act: Dangerous Precedent or Necessary Evil?

Eric Nemecek December 9, 2016

A recent decision from the Ninth Circuit Court of Appeals has created turmoil for federal prosecutions involving the Computer Fraud and Abuse Act (CFAA). This decision raises more questions than it answers in an already nebulous area of law. What is the CFAA? The CFAA, which is set forth in 18 U.S.C. § 1030, imposes criminal liability on individuals who

How OSHA’s New Regulations Impact Post-Accident Drug Testing

Sarah Moore December 9, 2016

The Department of Labor Occupational Safety and Health Administration (OSHA), issued new rules requiring employers to electronically submit injury and illness data to be posted to OSHA’s website. Under these rules, employers must establish a reasonable procedure for reporting this data, in a way that does not deter or discourage employees from disclosing work-related injuries and illnesses. This requirement axiomatically

Making the Judge an Offer She Can’t Refuse

Louis J. Shapiro December 6, 2016

About a year ago, I received a call from a 24-year-old female who immediately said to me, “My friend said you are the only one who can help me.” We will call her Rochelle. She sounded very distressed and she met me the next day in my office. I asked her to tell me the story. The tears didn’t take

5 Reasons Your Client Should Have a Premarital Agreement

Matthew Skarin December 6, 2016

In recent past, the words premarital agreement or “prenup” admittedly held a negative connotation, implying the parties are contemplating their relationship’s inevitable end before they’ve entered the sacred bond of marriage. In this modern age, premarital agreements aren’t so much about planning for divorce, as they are a way of establishing the parties’ expectations during their marriage. For this reason,

How to Kill a Patent

Z. Peter Sawicki and James L. Young December 1, 2016

From 1836 (the start of the present patent numbering sequence) to the present, over 9 million patents have been granted by the United States Patent and Trademark Office. Of course, most of those patents are not “active.” Many have “deceased” naturally. Each patent has a lifetime, and until 1995 it was 17 years from the date of grant. Now, a

Is All Patent Infringement Willful?

Dan Hall December 1, 2016

In June, the United States Supreme Court issued a decision that may fundamentally change the way damages are awarded in patent infringement lawsuits. In Halo Electronics, Inc. v. Pulse Electronics, Inc., 136 S. Ct. 1923, 1932 (2016), Chief Justice Roberts criticized a standard that allowed, “the ‘wanton and malicious pirate’ who intentionally infringes another’s patent” to avoid enhanced damages if

The Challenges of H-1B Visas

Garry Davis December 1, 2016

In my practice, I am frequently asked the question, “How can I get a work visa?” Technically, there is no such thing as a general visa to work in the United States. Each visa type is for a specific purpose, such as studying (F-1, M-1, J-1), tourism (B-2), marriage (K-1), or employment within certain limitations (E-1, E-2, L-1). H-1B is

The Prevalence of Preventable Medical Errors and Why You Should Care

Kay Van Wey December 1, 2016

We cannot ignore the truth. Spoiler alert: preventable medical errors are the third leading cause of death in the United States. The leading cause of death in the United States is heart disease. It claims in excess of 611,000 lives each year and accounts for 25 percent of all deaths each year. There are billions of dollars devoted to research

Cases with Dog Bite Injuries

Chad West December 1, 2016

When a victim has suffered injuries from a dog bite, what remedies does he or she have? You might think that this should have an easy answer, but it does not. Attorneys generally know that there is liability when a dog bites someone for the second time. The real difficulty is in determining what counts as the first bite. The

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