Helpful Articles

  • Now, More Than Ever, Arbitration is the Way to GO!

    by Anthony C. Adamopoulos Anthony is a divorce arbitrator, collaborative attorney and divorce mediator. His office is in Salem.   A recent decision of our Appeals Court, Gravlin v. Gravlin, is good news for those facing divorce. For collaborative divorce attorneys and divorce mediators, the decision confirms that arbitration is the viable alternative to court litigation for resolving a single issue or even taking the place of a full court trial...

     

    Posted by 02/02/2017
  • My Advice for Divorce Month

    By:  Anthony C. Adamopoulos, Divorce Arbitrator, Mediator & Collaborative Lawyer Divorce Month is  here. In 2016, I saw one of the saddest, unnecessary, adversarial divorces ever. The cost in emotions, future harmony and money was enormous and unnecessary. So again, I urge everyone who is facing divorce to consider seriously staying out of the public adversarial divorce system. It will hurt and it will hurt way into the future. Staying out of the “system” g...

     

    Posted by 02/02/2017
  • Recent Wisconsin Court of Appeals Decision Highlights the Legal Cost of Regulation to Business in Wisconsin

    Regulation can be a political football, and many Packerland businesses would like to see Mason Crosby kick the costs of it off of their balance sheet. Agencies tend to have established policies and practices which are not as flexible as businesses want or need. It is not uncommon for a small business to find itself in a situation where a regulation or a rule feels like it should not apply to them, but does. Consider a recent decision of the Wisconsin Court of Appeals over a costly zoning ...

     

    Posted by Peter Andrews 02/02/2017
  • "Parents Know Best...But Who Controls Your Children's Future"

    There are no two identical parenting styles.  Parents can be a combination of strict, hovering, laid back, or authoritative. Despite differing parenting styles, I believe that most parents are just trying to provide the best life for their kids, with the goal that they grow to be well adjusted members of society.  In trying to obtain this goal, from a child’s birth parents make endless choices, both little and big, including what they eat, where they live, what they w...

     

    Posted by Dee Arnold 01/20/2017
  • Crossing the Line: Parallel Proceedings or Abuse of the Investigative Process

    Problems Inherent with Parallel Proceedings In United States v. Stringer, the defendants Kenneth Stringer, Mark Samper, and William Martin were charged with fifty counts of conspiracy and securities fraud.  The defendants were executives of FLIR Systems, Inc. (“FLIR”).  Shortly after the Securities and Exchange Commission (“SEC”) began investigating the defendants, Assistant United States Attorney (“AUSA”) Charles Gorder (“Gorder”) met with an officer from the SE...

     

    Posted by Adam Burke 01/08/2017
  • E-Filing: The Good, Bad, and Ugly.

    E-FILING. THE GOOD, THE BAD AND THE UGLY. By Timothy Culhane In the advent of computers, electronic filing (e-filing) has be- come a phenomenon within the judicial system. The emer- gence of e-filing has led to cost and time savings, things every lawyer appreciates. The federal courts were the first to delve into the area of e-filing, followed by state and coun- ties. E-filing began with a system called P.A.C.E.R (...

     

    Posted by Timothy Culhane 01/05/2017
  • Five Common Issues Surrounding Student Loans

    Are you considering taking out a student loan, or are you already working toward paying one off? For many just on the brink of leaving high school, it may seem like a lot of headache and expense filling out college applications, deciding where to go depending on acceptance, and then trying to get student loans to begin with. The U.S. Department of Education states, however, that college graduates not only earn 66 percent more and have less chance of dealing with unemployment in their...

     

    Posted by Gregory Fitzgerald 01/05/2017
  • What Is "Defamation Per Se"?

    We lawyers like to write about two types of libel and slander: defamation per se, and defamation per quod.  Using Latin terms makes us sound smart, we think.  Unfortunately, most of us don't know what we're talking about.The problem isn't that the lawyers are stupid, but that the courts use the terms inconsistently (since judges don't speak Latin any better than lawyers do).Many lawyers will tell you that defamation per se refers to that heightened level of defamation for claims deemed...

     

    Posted by Lee Berlik 01/04/2017
  • THE MOMENT I WAS PULLED BACK INTO THE GAME

    In March 2015, I had been mostly retired from my trial practice for several years and was focused on completing my memoir, In The Game, about my life as a solo practitioner lawyer and single mother starting out in the 1970s. I had cleaned up my act and was also teaching yoga and meditation, making peace instead of war. Although I still daydreamed about trying cases, I had no intention of rejoining the litigation battle. Then one day I was suddenly back in the game...

     

    Posted by 12/29/2016
  • The 5 Top Technology Law Cases In 2016

    The year 2016 was momentous in politics and celebrity deaths, but also in the field of technology law. Here’s our wrap-up of the five most significant tech cases that hit the judiciary in the past year. 1.  Apple v. FBI Encryption has been around a long time, but 2016 saw this technology for data security hit the mainstream, as Apple, Google and others began to encrypt smartphone data by default. That led to a lawsuit, boringly captioned In Re Order Requiring A...

     

    Posted by Glenn Manishin 12/29/2016
  • Supreme Court Rules That Offer of Judgment Does Not Moot Class Action Lawsuit

    On January 20, 2016 in Campbell-Ewald Company v. Jose Gomez, 577 U.S. – (2016), Case No. 14-857, the Supreme Court resolved a prior split of authority among the Courts of Appeals as to whether an unaccepted Rule 68 Offer of Judgment to a named plaintiff in a putative class action renders moot a plaintiff's claims, thereby depriving the federal court of Article III jurisdiction. The Court, in an opinion authored by Justice Ginsberg, held that such a Rule 68 offer does not moot ei...

     

    Posted by Edward Mullins 12/29/2016
  • Termination of Joint Custody: Is the Law in Oklahoma Disjointed?

    The term “custody” is not defined by statute in Oklahoma, although a trial court must provide for the “custody” of a child when two parents cannot agree as to where the child will live and who will make the decisions concerning the child. The Oklahoma Supreme Court, however, has defined custody as a term of art, which “embraces the sum of parental rights with respect to the rearing of a child, including the child’s care. It includes the right to a child’s services and earnings... ...

     

    Posted by Melissa Cornell 11/29/2016
  • Arrested For A Crime. Now What?

    Info That May Be Helpful In Your Case: http://www.hashemilaw.com/wp-content/uploads/2016/04/arash-hashemi-criminal-defense-ebook-1.pdf ...

     

    Posted by Arash Hashemi 11/23/2016
  • Arbitration in 2016

    M AY -JUNE 2 0 1 6 | H C B A L A W Y E R ARBITRATION IN 2016 Clark Jordan-Holmes                                             John W. Wilcox  www.MediationforFlorida.com               &nbs...

     

    Posted by Clark JordanHolmes 11/17/2016
  • Mediation Resources

    MEDIATION RESOURCES FOR LAWYERS                                                                  &...

     

    Posted by Clark JordanHolmes 11/17/2016
  • Posted by George Chesrow 11/16/2016
  • Navigating the SEC’s Updated Advertising Restrictions: A Lesson for Fund Managers in Preparing Solicitation Materials

    “Navigating the SEC’s Updated Advertising Restrictions: A Lesson for Fund Managers in Preparing Solicitation Materials,” The Art Fund Association, LLC, expected for publication in Fall of 2016, http://www.artfundassociation.com. ...

     

    Posted by Mary Madeline Roberts 11/07/2016
  • Preventing Past Performance from Impeding Future Results

    “Preventing Past Performance from Impeding Future Results,” Private Investment Forum (Summer 2016), Marcum, LLC,  http://www.marcumllp.com/insights-news/preventing-past-performance-from-impeding-future-results. ...

     

    Posted by Mary Madeline Roberts 11/07/2016
  • Dare to Step Out of the Fogg: Single Motive Versus Mixed Motive Analysis in Title VII Employment Discrimination Cases

    47 U. Louisville L. Rev. 409 (Winter 2008) The enactment of the Civil Rights Act of 1964 marked the high point of civil rights activism. Within this Act, the provisions of Title VII established one of the “most important . . . statutory prohibitions against employment discrimination” because it took the protections offered by the Constitution even further to eradicate employment discrimination in the private sector.1 Title VII remains very important...

     

    Posted by Maya Warrier 11/02/2016
  • Third-Party Interests Handbook: Liens and Subrogation Rights

    A comprehensive treatise on state and federal third-party recovery rights. The book can be purchased from the State Bar of Arizona. ...

     

    Posted by Geoff Trachtenberg 09/21/2016