It’s a question as old as the business of law itself, and for new solo attorneys, it is an important part of your business plan. Do you charge for consultations? Feelings on free consultations vary. Some think it is a great idea, as it gets potential clients in the door, where they can be wooed by your personality and professionalism. Others are wary of giving away “free” time, or have had too many experiences with people seeking free legal advice....
In an employment retaliation action under the whistleblower provision of the Sarbanes-Oxley Act, grant of defendant’s motion to dismiss in favor of remand to the appropriate administrative body for further proceedings is vacated and remanded as the plain language of section 1514A(b)(1)(B) unambiguously establishes a Sarbanes-Oxely whistleblower complainant’s right to de novo review in federal district court if the Department of Labor has not issued a final decision and the statutory 180-day period has expired....
Wondering how a once loyal employee could blow the whistle on the company? We’ll tell you how: money. (Or a strong commitment to the rule of law. But money helps even then.) But one of the more difficult issues that an in house lawyer might have to do deal with is the occasional whistleblower. Just a few decades ago, whistleblowing was something that companies only expected from disgruntled employees. But now, there’s real profit to be had for the employee out to make some additional cash....
Defendant’s illegal reentry sentence is affirmed where: 1) the district court erred in assigning defendant two additional criminal history points, pursuant to U.S.S.G. sections 4A1.2(e) and (k), based on his prior assault conviction in state court, because it was error to count defendant’s entire sentence issued upon his violation of probation, rather than considering only the portion of the sentence he actually served; but 2) the error did not affect defendant’s substantial rights and thus was not plain error....
In what looks to be a somewhat rare display of compassion (by immigration standards, that is), the Fifth Circuit remanded an immigration case back to the lower tribunals with the admonishment not to apply certain legal principles “too harshly.” Whoa. Immigration advocacy groups have applauded the decision, calling it a recognition of the realities facing immigrants who may be “poor, uneducated, unskilled in the English language, and effectively unable to follow developments in the American legal system–much less read and digest complicated legal decisions....
It’s an adage that some clients seem to know instinctively: put everything in writing. But before your personal injury client writes too much, sit down and discuss some of the do’s and don’ts of keeping a diary. It’s the kind of thing that could make or break your case because you never know who’s going to read it. Here’s a checklist: Do’s Clients should keep a diary to help them remember what happened when they were injured and afterwards....
On Wednesday Apple announced several new product and software updates that have the tech world buzzing. Of course, much of the buzz is the usual back and forth, “I love everything Apple!” vs. “Apple is overrated and overpriced and you guys are a bunch of fanboys.” We’ll leave that debate to someone else and instead fill you in on a few new features for the iPad software that could increase efficiency at your law office....
With internet security breaches becoming commonplace, what is the forecast for cloud computing in the law? A tornado, such as the 1.5 billion email hacks at Yahoo last year, should at least give lawyers pause to reconsider the best practices of cloud computing. Jennifer L. Ellis, of Lowenthal & Abrams, recently offered some thoughts at a continuing legal education program: 1. Plan for disasters and back up your data locally. Cloud computing offers law firms the benefits of remote storage, but they also must address the fact that “cloud storage” actually means storage on someone else’s computer....
The Texas Bingo Enabling Act allows qualifying charities to conduct bingo games in order to raise money for their charitable causes. The Act prohibits charities from using bingo proceeds for certain types of political advocacy, including lobbying and supporting or opposing ballot measures. A group of nonprofit organizations licensed to conduct bingo games sued the Texas Lottery Commission to challenge those restrictions on First Amendment grounds. And they won. The district court granted summary judgment in favor of the plaintiffs, and issued a Texas hold ’em permanent injunction preventing enforcement of the challenged statutory provisions....
A local New York brewery is facing one of the hallmark problems of many industries, and perhaps the most embarrassing: corporate in-fighting. The two owners are so at odds, that one fired the other, who then sued. Naturally, the recently-filed lawsuit by the Fairpoint Brewing Company’s minority (49 percent) owner against the majority owner alleges rather damning facts and makes demands that threaten the brewery’s future. The spurned minority owner claims that the majority owner has acted to the detriment of brewery by misusing resources and exercising poor business judgment....
Jury trials can often feel like you’re right back in high school trying to win a popularity contest based on proving your nemesis wrong before a group of your peers. And while you might think you benefit by looking cooler, sharper, richer, or simply “better” than your adversary, in the eyes of a jury, your panache, or bling, may be your downfall. Simply put, yes, jurors care about your attire, but not in the way you might think....
Social media can be a great way for a company to expand its reach and build consumer loyalty. REI’s Instagram photos of kayaks and mountains have garnered a following of more than 1 million. Coca-Cola has nearly 100 million likes on Facebook. That’s more followers than the population of Germany. And General Electric (yes, that General Electric, the one with the dishwashers and refrigerators) has been named one of the best brands on Snapchat....
You all know that some of us around here are big Evernote fans. It comes in handy when moments of inspiration strike and blog topics come tumbling into our conscious minds at the least opportune moments, like when we are at the gym, or buying two buck Chuck at Trader Joe’s. Before you freak out about your secretive notes, it seems that the stolen data included usernames, associated email addresses, and encrypted passwords....
Many miserable lawyers out there dread going into the office, or just working as a lawyer. Even if you’re not not that miserable, you can certainly try to improve your day to day experience as a lawyer. One simple way to make your day a little bit better is by adding a little humor and creativity to your duties. Below you’ll find a few tips on doing so and making every day a little bit better....
The former high school basketball coach out of Greensboro, North Carolina that led North Guilford High boys’ team to win the state championship, Stan Kowalewski, has had his 24 count federal felony conviction upheld by the Eleventh Circuit Court of Appeals. Thankfully, none of these counts have anything to do with abusing his team, but rather, just the financial trust of the community. Kowalewski ran a hedge fund company, SJK Investment Management....
After being suspended for 7 years and not even knowing it, a New York attorney is fighting a rather steep uphill battle to get back his license to practice. Most attorneys are likely most curious about the very rational question: How do you not know you’re suspended from practice for 7 years?!? The short answer: You don’t think about it for 6 years. As it would happen, the attorney in question, who hadn’t died, gone missing, nor anything of that sort, just hadn’t paid dues or reported CLE compliance since 2001....
Court cases are often decided on the narrowest of issues. This case, however, was decided on the narrowest of letters: an “i” versus an “e”. Jimmy had a gun. He was also the subject of a protective order, though it was not being enforced. The result? A conditional guilty plea to 18 U.S.C. § 922(g), which prohibits gun possession while a domestic violence protective order is in force. Before the court could jump in to linguistic semantics, they first addressed the argument that denying Elkins his right to bear arms was unconstitutional under Heller....
Challenge to Denial of Renewal of Plaintiff’s Temporary Protective Status In Rodriguez v. U.S. Dept. of Homeland Sec., No. 09-14273, an action challenging the denial of the renewal of plaintiff’s temporary protective status in 2005 because the DHS’s Citizenship and Immigration Service (CIS) concluded that plaintiff was ineligible because of his misdemeanor convictions, the court affirmed judgment for defendant where the state court accepted plaintiff’s guilty plea, made a “finding of guilt,” and imposed a sentence of time served, and this satisfies section 1101(a)(48)’s definition of a formal judgment of guilt....
Many lawyers dream of landing a corporate client with deep pockets or a millionaire businesswoman with a litigious ex – anyone willing to pay an exorbitant hourly rate and to pay it often. But while the wealthiest few have no problem finding representation, there are millions of potential clients who need lawyers but cannot afford them. These aren’t just indigent clients either. Adopting a sliding, income-based billing rate can help you reach clients who would otherwise go unrepresented, without giving away your services for free....
When William Hecht was a teenager, the Surgeon General warned that smoking caused chronic obstructive pulmonary disease. His mom, who suffered from COPD, warned him as well. After years of smoking, he developed the same condition. He sued a tobacco company for allegedly concealing that smoking could cause his disease. A jury said it was too late, and a federal appeals court agreed. Statute of Limitations On appeal in Hecht v....
