Law Blogs & Guest Legal News Posts

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

Why lease agreements must properly define ‘rent’ or ‘additional rent’ in commercial leases: a case study

by Bruce Loren March 27, 2019 Law

Commercial leasing practical insights, based on law in Florida and generally. Obviously, every commercial lease agreement must specify the amount of rent to be paid by the tenant to the landlord. However, there are often many additional sums that a tenant is required to pay its landlord pursuant to the lease agreement.  In a typical […]

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Common Defenses For Marijuana Possession

by Legal Author February 19, 2019 Law

Having an illegal marijuana possession charge on your record can bring a range of problems. You could be prevented from obtaining employment and desirable housing. You could lose your right to an education and have issues all throughout your life because of the criminal charges against you. A criminal defense lawyer can fight a marijuana […]

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3 Secrets for Moving Up the Legal Ladder – Legal Careers Tips

by Legal Author January 11, 2019 Law

When employers are considering which candidates to promote in legal practices, they point out that they want someone with certain competencies, but it’s hard to tell what these competencies mean in the beginning. Even if you think you have “leadership skills,” how do you prove this on the job and your application for a promotion? […]

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Hacking Privileged Communications Warrants Striking Answer

by ASchlossberg December 1, 2017 Blawg

The plaintiffs in Iris Mediaworks, Ltd v. Vasisht, NYLJ 1202791048431, at *1 (Sup. Ct. N.Y. Co. 2017) made a motion to strike the defendant’s Answer based on allegations that defendant “stole privileged and confidential e-mails.”  Plaintiffs alleged that their Chairman and Managing Director discovered that all of the emails in his account had been forwarded […]

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Insurance Coverage Can Not be Created by Untimely Disclaimer

by ASchlossberg November 2, 2017 Blawg

In an action commenced by plaintiff insurance provider seeking a declaratory judgment that plaintiff was not obligated to defend or indemnify the defendants in connection with a car accident, plaintiff moved for summary judgment.  Defendants opposed the motion by asserting that plaintiff failed to timely disclaim coverage for the accident.  At the time of the […]

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Labor Law Claims Dismissed Based On Proximate Cause

by ASchlossberg October 20, 2017 Blawg

The plaintiff in Merendino v. Costco Wholesale Corp., NYLJ 1202793125729, at *1 (Sup. Ct. N.Y. Co. 2017) commenced an action against multiple defendants based upon injuries he suffered when he fell from a scaffold while working on a construction site.  Plaintiff asserted a cause of action for common law negligence and a number of labor […]

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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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