One of the oddities of trial practice in a county overseen by the Fourth District is the requirement that the attorney be sufficiently prescient to raise issues at trial or summary judgment that do not yet exist. This seemingly impossible feat appears to be required by the Fourth District case of Trinchitella v. D.R.F., Inc., 584 So.2d 35 (Fla. 4th
While statistics are not readily available, it is conceivable that hundreds, if not thousands, of U.S. veterans have been deported for having committed a criminal offense. This is particularly devastating for veterans that need their earned benefits and treatment for post-traumatic stress disorder and other injuries resulting from combat. Pursuant to a memorandum by the U.S. Immigration and Customs Enforcement
So far this year we’ve witnessed an inglorious trend of pre-employment discrimination. Examples of this unlawful pre-hiring include strength-based tests, advertising with preferences for younger workers, unlawful recruitment practices slanted toward a specific group, pre-employment inquiries about an individual’s disability and requests for photographs prior to the interview. California courts routinely evaluate pre-hiring practices by analyzing whether the policies and
“All happy families resemble each other, but that each unhappy family is unhappy in its own way.” – Leo Tolstoy, “Anna Karenina” In my 20-plus years as a business litigator and trial attorney, I have handled many complex and hotly contested business disputes. As a family law attorney, I have helped clients through emotionally- charged proceedings in divorce and time-sharing
Collectively, we mourn the tragic passing of one of the greatest musicians/performers of our time and one of the greatest guitarists of all time. Prince’s songs, especially “Purple Rain,” have been and continue to be performed endlessly by others. Cover songs are easily found on websites, such as YouTube. Are there copyright issues in such postings? An Example Your client
Businesses are now able to protect their trade secrets in federal court with a federal civil cause of action as a result of the Defend Trade Secrets Act (DTSA). President Obama signed the DTSA into law May 11, 2016. Th e DTSA is a rare example of bipartisan agreement and passed by overwhelming margins in both the House of Representatives
Since the inception of product liability litigation, particularly asbestos and other mass tort litigation, defendants have been subjected to forum shopping. Forum shopping is the practice of filing lawsuits within plaintiff – favorable jurisdictions in the hope of securing increased jury verdicts. Often, these lawsuits are filed in jurisdictions where there is minimal or almost no meaningful connection between the
Under Minnesota Statute 518.552, there are eight factors to be considered when determining spousal maintenance. Of these eight factors, defining the standard of living the parties established during the marriage is one of the more challenging ones. It is worth the effort and diligence to accurately assess and quantify the standard of living by means of a lifestyle budget to
This article describes some common misperceptions about medical malpractice cases, the lawyers that file them and the expert witnesses who participate in them. It is written from my perspective as an attorney for both the patients and health care providers. Representing patients in medical malpractice cases has never been the path to easy riches it is portrayed to be in
Utah’s 2016 legislative session recently ended with the passage of HB251. The original HB251 draft sought to change Utah law by making non-compete covenants void. Having represented clients on both sides of the issue, this legislation was not surprising. HB251 also sought to address a perception that restrictive non-compete covenants are being abused by Utah employers. After amendment and significant
One of the oddities of trial practice in a county overseen by the Fourth District is the requirement that the attorney be sufficiently prescient to raise issues at trial or summary judgment that do not yet exist. This seemingly impossible feat appears to be required by the Fourth District case of Trinchitella v. D.R.F., Inc., 584 So.2d 35 (Fla. 4th
While statistics are not readily available, it is conceivable that hundreds, if not thousands, of U.S. veterans have been deported for having committed a criminal offense. This is particularly devastating for veterans that need their earned benefits and treatment for post-traumatic stress disorder and other injuries resulting from combat. Pursuant to a memorandum by the U.S. Immigration and Customs Enforcement
So far this year we’ve witnessed an inglorious trend of pre-employment discrimination. Examples of this unlawful pre-hiring include strength-based tests, advertising with preferences for younger workers, unlawful recruitment practices slanted toward a specific group, pre-employment inquiries about an individual’s disability and requests for photographs prior to the interview. California courts routinely evaluate pre-hiring practices by analyzing whether the policies and
“All happy families resemble each other, but that each unhappy family is unhappy in its own way.” – Leo Tolstoy, “Anna Karenina” In my 20-plus years as a business litigator and trial attorney, I have handled many complex and hotly contested business disputes. As a family law attorney, I have helped clients through emotionally- charged proceedings in divorce and time-sharing
Collectively, we mourn the tragic passing of one of the greatest musicians/performers of our time and one of the greatest guitarists of all time. Prince’s songs, especially “Purple Rain,” have been and continue to be performed endlessly by others. Cover songs are easily found on websites, such as YouTube. Are there copyright issues in such postings? An Example Your client
Businesses are now able to protect their trade secrets in federal court with a federal civil cause of action as a result of the Defend Trade Secrets Act (DTSA). President Obama signed the DTSA into law May 11, 2016. Th e DTSA is a rare example of bipartisan agreement and passed by overwhelming margins in both the House of Representatives
Since the inception of product liability litigation, particularly asbestos and other mass tort litigation, defendants have been subjected to forum shopping. Forum shopping is the practice of filing lawsuits within plaintiff – favorable jurisdictions in the hope of securing increased jury verdicts. Often, these lawsuits are filed in jurisdictions where there is minimal or almost no meaningful connection between the
Under Minnesota Statute 518.552, there are eight factors to be considered when determining spousal maintenance. Of these eight factors, defining the standard of living the parties established during the marriage is one of the more challenging ones. It is worth the effort and diligence to accurately assess and quantify the standard of living by means of a lifestyle budget to
This article describes some common misperceptions about medical malpractice cases, the lawyers that file them and the expert witnesses who participate in them. It is written from my perspective as an attorney for both the patients and health care providers. Representing patients in medical malpractice cases has never been the path to easy riches it is portrayed to be in
Utah’s 2016 legislative session recently ended with the passage of HB251. The original HB251 draft sought to change Utah law by making non-compete covenants void. Having represented clients on both sides of the issue, this legislation was not surprising. HB251 also sought to address a perception that restrictive non-compete covenants are being abused by Utah employers. After amendment and significant
