Law Blogs & Guest Legal News Posts

Guest law blogs and blawgs from lawyers, solicitors and legal professionals.

Defendant and Counsel Ordered to Pay Sanctions for Repeated Refusal to Comply with Discovery Demands

by ASchlossberg September 5, 2017 Blawg

As litigation proceeds from the initial pleadings stage to the commencement of discovery, parties often find themselves facing an opponent who is less than willing to comply with fair and reasonable demands to produce records and information that are necessary and relevant to the action.  Indeed the frequent reluctance of judges to punish parties for […]

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To Partner or Not to Partner

by ASchlossberg July 20, 2017 Blawg

Plaintiff in Hammond v. Smith, NYLJ 1202792787736, at *1 (App. Div. 4th Dept. 2017) appealed the dismissal of his complaint which sought damages for breach of an alleged oral partnership.  Since there was no written agreement, the court was compelled to consider extraneous factors — the parties’ intent, whether there was joint control and management […]

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Insurance Provider Not Required to Provide Coverage to Additional Insured

by ASchlossberg January 8, 2017 Law

Last month in Gilbane Bldg. Co. v. St. Paul Ins. Co.. Index No.: 653199/11, the First Department held that an insurance provider is not required to provide coverage to an “additional insured” who has not entered into a written contract with the insured. The crux of the decision was the Court’s interpretation of the additional […]

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How Laws Differ Between States

by YouBlawg October 12, 2016 Law

In the United States, there are two primary types of laws. Federal laws are passed and upheld by the U.S. government and they apply to all 50 states. State laws, however, are created and maintained by individual state governments. These laws can vary widely between states because they are created to address situations which may […]

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5 Controversial Legal Proposals Expected in the Queen’s Speech

by Emma Flood Curated Media May 17, 2016 Law

The Queen’s speech is taking place on Wednesday 18th May and could contain some highly controversial proposals. David Cameron has been warned not to bring up too many controversial plans by former health secretary Lord Lansley, whose opinion is supported by a leading thinktank. But will the Prime Minister heed this warning? This post looks […]

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Legal Murder? The Oddity of the Yellowstone Zone of Death

by burkejaskot March 29, 2016 Criminal Law

Yellowstone National Park is a beautiful nature preserve that is protected by the government to maintain the wilderness.  The park actually spans four states: Utah, Montana, Wyoming, and Idaho.  Unfortunately, the jurisdiction of the park is murky and difficult to parse out for the legal matters that arise in the park.  When four states are […]

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Car Parks – A Grey Area? Private Parking & The Law

by Emma Flood Curated Media March 23, 2016 Law

One of the most commonly misunderstood areas of the law is that which pertains to parking. Two recent news stories have drawn attention to parking and the law, both raising important misconceptions about the law in the public eye. Are parking fines enforceable? Can you challenge a parking fine? Who can use parent and child […]

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What do VTech’s controversial new terms and conditions mean for customers?

by Wayne Beynon February 28, 2016 Law

Last week, cybersecurity experts and national media called on parents to boycott – or at least be extremely cautious of – Vtech’s electronic toys, in the wake of their newly released terms and conditions of use. Following the widely reported hacking scandal that took place in November last year, VTech – manufacturers of child-friendly technology […]

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Three Ways to Prove Negligence in Nursing Homes

by Winburn Bequette February 6, 2016 Law

Nursing home abuse and neglect cases are common and, unfortunately, these are serious issues people throughout the country have to deal with daily. In fact, the Long-Term Care Ombudsman program has reported that 10 percent of its complaints nationwide involve allegations of gross neglect, and about 27 percent involve concerns about inadequate care. Nursing homes […]

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Bankruptcy Limits Increased

by Andy Wilks, FWJ October 8, 2015 Law

As from 1 October 2015 the Insolvency Act 1986 (Amendment) Order 2015 (SI 2015/922 has amended Section 267(4) of the Insolvency Act 1986 such as to increase the bankruptcy level for a creditor’s bankruptcy petition from £750 to £5,000. Accordingly, for undisputed debts less than £5,000 a Statutory Demand will no longer be available to enforce an undisputed debt.  […]

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Global Brand Management: Risks and Strategies

by marcus evans October 8, 2015 Company Law

Interview with: Allan Diamond, Managing Partner, Diamond McCarthy LLP “Chief Litigation Officers (CLOs) should not limit themselves to traditional methods of protecting their companies’ brand and should think creatively in terms of implementing a global strategy that will result in keeping their authorized supply channel partners happy, minimizing lost sales/profits, and  potentially obtaining affirmative recoveries for […]

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Securing IP Rights in M&A Transactions

by marcus evans October 1, 2015 Data Protection Law

Interview with: Marc Bergmann, Senior Vice President & General Counsel, M&A, Gemalto “Securing the intellectual property (IP) rights of technologies has become central to the success of acquisitions, especially in the high-tech world, as they carry so much value and risk for the future of the company acquired,” says Marc Bergmann, Senior Vice President & General […]

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Minimizing the Risk of Retaliation Claims from Employees

by marcus evans September 30, 2015 Law

Interview with: Jean-Paul Durand, Vice President and Assistant General Counsel, Tech Data Corporation “Chief Litigation Officers (CLOs) need to safeguard their organization from the risk of retaliation claims,” says Jean-Paul Durand, Vice President and Assistant General Counsel, Tech Data Corporation. Organizations must ensure that the ethics and compliance program and reporting mechanisms are not improperly […]

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Long running Kit Kat legal battle fails in EU courts

by Wayne Beynon September 24, 2015 IP & Technology

Confectionary multinational Nestle has this week failed to persuade European courts that it should grant the UK trademark request on the shape of its well-known chocolate bar, the Kit Kat. In a long-running case Nestle attempted to prove that the shape of the four-finger bar was what consumers used to identify it as a Kit […]

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Polygraphs in the Criminal Justice System

by Allen Browning September 15, 2015 Blawg

In the criminal justice system, the prosecutor is obliged with bringing justice. That means, even though someone comes into his or her office complaining of being wronged, the prosecutor has an obligation to try to determine who is at fault and who is telling the truth about an incident. Sometimes, when an accused in a felony […]

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Transfer on Death Deed Under the Texas Real Property Transfer on Death Act.

by Friscowill August 19, 2015 Estate Planning

The Texas Real Property Transfer on Death Act, found under Chapter 114 of the Texas Estate Code, provides that after September 1st, 2015 the State of Texas will recognize a deed which transfers property upon the death of an individual. This opens new possibilities to Estate Planning which allows an individual to create a deed […]

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Legal Theft By Adverse Possession

by Allen Browning August 12, 2015 Blawg

While I handle only personal injury cases and criminal defense cases,  on occasion I am contacted by someone who is particularly irritated by a neighbor who has constructed a fence on the wrong side of the property line which separates the two; the complaining party is mad that he no longer has the use of […]

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EEOC’s Sexual Orientation Ruling: The Legal Issue

by Kraemer, Manes & Associates LLC August 12, 2015 Employment Law

The Equal Employment Opportunity Commission (“EEOC”) recently came to the conclusion that employment discrimination based on sexual orientation is already illegal under federal law. At first, this seems like a huge step forward for the gay, lesbian, and bisexual community in the United States. Unfortunately for them, as of right now, the federal courts do […]

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Getting Confessions: The Reid Interrogation Technique

by Allen Browning August 11, 2015 Blawg

Various methods have been used in police interrogations to elicit a confession. By far the most popular method used for over seventy years is the Reid Technique. This interrogation method assumes guilty suspects can be identified from certain behavioral cues. It is said to be proven as highly effective at getting confessions; however, there has […]

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The Rising Tide of Settlement

by ASchlossberg July 2, 2015 Business Law

Two recent New York settlements of $17 million and $6.5 million were made prior to litigation. New York City Comptroller Scott M. Stringer would like to lighten the docket. Stringer’s plan could decrease costs and aid in reallocating funds to other ventures. Pre-litigation dispute resolution often benefits all parties involved, minimizing time and cost expenditures […]

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Brain Injury Turns Top High School Student into Dominatrix

by David Christensen April 3, 2015 Law

What happens when a brain injury affects a car crash victim’s impulse control and libido? An auto accident  in August 2008 transformed Alissa Afonina from a bright young student into a dominatrix for hire. The Effect of the Brain Injury Traumatic brain injuries, like the one Afonina suffered, can affect a person in any number […]

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Genericide in the 21st Century: Overexposure of the Modern Brand

by ASchlossberg February 10, 2015 Blawging

“Every brand has at its core a substance that gives it strength.”[1] In the 21st century, the reality is that companies are being penalized for their success with certain products. Genericide occurs when a brand no longer denotes its origin, but rather is used to refer to a whole category of products. Yo-yo, Escalator, and […]

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Depositions: A New Direction for New York

by ASchlossberg February 9, 2015 Administrative Law

Depositions: A New Direction for New York New York is making a significant change on the deposition front. A new deposition rule for the New York Commercial Division is on the horizon. Effective April 1, 2015, under Administrative Order 336a/14, New York courts will enact Rule 11-d of Section 202.70(g) per a December 22, 2014 […]

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The ­Fall of Personal Insolvencies and Debt Solutions in Scotland

by Debt Therapy Scotland February 9, 2015 Law

Recent official statistics released from the Accountant in Bankruptcy (AiB) confirmed that the level of personal insolvencies in Scotland including bankruptcies (sequestrations) and protected trust deeds (PTDs) have decreased to their lowest level in around 10 years. Figures taken from the third quarter of 2014-15 show that 2,633 personal insolvencies were recorded, which revealed a […]

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How the NFL Can Solve Deflate Gate in 30 Seconds — And Why the NFL Should Address Data Privacy

by Colette Shotton January 30, 2015 Law

Media is abuzz reporting on the NFL’s deflated football scandal – and when it comes to deflate-gate scandals, the NFL is not alone. Harkening back to 2012, JJ Stankevitz reminded us of a similar allegation leveled against USC by Oregon 1. Rather than offering complicated solutions to prevent future ball pressure scandals, like suggesting these […]

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