28 Sunday Feb 2016
Posted in Estate Planning, Probate, Probate and Trusts, Trusts, Wills
≈ Comments Off on When You Need a Living Trust and When You Don’t.
Seniors Being Tricked By Aggressive Sales Tactics For Living Trusts, by Gerry W. Beyer, Wills, Trusts & Estates Prof Blog
Living trusts are excellent vehicles to avoid probate for those with assets enough that the cost of avoidance outweighs the cost of creating the trust. But for many, living trust are not appropriate since they have little in the way of transferable assets that would make the setup cost worthwhile . . . .
27 Saturday Feb 2016
Posted in 6th Circuit Court of Appeals, Employment Law, Gender Discrimination, Race Discrimination, Wrongful Termination
≈ Comments Off on Sixth Circuit Takes a Look at Employee’s Age, Race, and Sex Discrimination Claim.
Dis-Orderly Conduct: Hospital Security Guard Fired After Incident With Psychiatric Patient Cannot Advance Discrimination Claims, by Alexis B. Kasacavage, Bingham Greenebaum Doll, LLP Blog
http://www.lexology.com/library/detail.aspx?g=729cc33f-832f-49e3-97f6-7a1c3c8f1997
Interesting analysis on how the courts came to the same conclusion but for different reasons. -CCE
In Loyd v. Saint Joseph Mercy Oakland, et al., the Sixth Circuit recently upheld a Michigan district court’s decision to dismiss a 52-year-old African-American female security guard’s age, race and sex discrimination claims arising from her discharge following an incident with a combative psychiatric patient at the hospital where she worked.
25 Thursday Feb 2016
Posted in Discovery, Document Review, Federal Rules of Discovery, Recent Links and Articles
≈ Comments Off on Don’t Challenge Under Rule 34 If You Cannot Explain Why.
Tags
Bates Numbering, Bow Tie Law Blog, E-Discovery, Joshua Gilliland, Request for Production, Rule 34
Attack the Form of Production, by Joshua Gilliland, Esq., Bow Tie Law Blog
Oh, Rule 34. You are the code section that keeps giving.
Under Federal Rule of Civil Procedure Rule 34(b)(2)(E)(i), a party ’must produce documents as they are kept in the usual course of business or must organize and label them to correspond to the categories in the request.’
A Plaintiff brought a motion to compel the opposing party to organize and label their production to correspond to the categories in the Plaintiff’s Requests for Production. Things did not go well for the Plaintiff’s motion. . . .
25 Thursday Feb 2016
Posted in Internal Revenue Service, Tax Law
≈ Comments Off on IRS’ Top 2016 Frivolous Arguments and Tax Schemes.
Frivolous Tax Arguments Completes the IRS “Dirty Dozen” List of Tax Scams for the 2016 Filing Season, IRS Website
In today’s economy, a problem with the IRS is the last thing you need. If the idea of the IRS swooping down on you doesn’t put fear in your heart, probably nothing will. Although most of us do not deliberately get behind on our taxes, life happens.
So, let’s say you do get behind on paying your taxes. The IRS penalties and interest make it worse, and soon it spirals out of control. This makes you all the more susceptible to fraudulent schemes and ready to grab at any chance for redemption.
When you this far over your head, you are at your most vulnerable. There is no “trick” or “scheme” that the IRS has not seen. Without the help of a known and proven true tax expert, you could easily go from the frying pan to the fire. -CCE
The Internal Revenue Service today finished its 2016 ‘Dirty Dozen’ tax scams list by warning taxpayers against using frivolous tax arguments to avoid paying their taxes.
Also today, the IRS released the 2016 version of ‘The Truth about Frivolous Tax Arguments.’ The document describes and responds to some of the common frivolous tax arguments made by those who oppose compliance with federal tax laws. Examples include contentions that taxpayers can refuse to pay taxes on religious or moral grounds by invoking the First Amendment. The cases cited in the document demonstrate how frivolous arguments are treated by the IRS and the courts. . . .
25 Thursday Feb 2016
Posted in Probate and Trusts, Trusts, Wills
≈ Comments Off on What’s the Difference Between a Trust and a Will?
Tags
How Do You Know When You Need A Trust Instead Of A Will? By Shawn Roberts, Shawn R. Roberts Blog
http://www.shawnjroberts.com/when-do-need-a-revocable-trust-rather-than-a-will/
In a previous post, I wrote about the times a person needs to have an Oklahoma Last Will and Testament. The Will is the most basic of estate planning documents. There are, however, times when need and/or personal preference dictate that the revocable trust is a better choice.
How do you know when trust would be better?
25 Thursday Feb 2016
Posted in Cell Phones, Discovery, E-Discovery, Emails, Emails, Legal Technology, Litigation Hold, Municipal Law, Open Records Act, Preservation, Requests for Production, Sanctions
≈ Comments Off on Litgation Hold – Too Little Too Late.
Tags
Doug Law, E-Discovery, eDiscovery daily Blog, Emails, Litigation Hold, Police, Sanctions, Text Messages
Our Nation’s Largest City is Not Immune to eDiscovery Sanctions: eDiscovery Case Law, by Doug Law, eDiscovery daily Blog
In Stinson v. City of New York, 10 Civ. 4228 (RWS) (S.D.N.Y. Jan. 2, 2016), New York District Judge Robert W. Sweet granted in part and denied in part the plaintiffs’ motion seeking sanctions for spoliation of evidence against the defendants for failure to issue a litigation hold, opting for a permissive inference rather than a mandatory adverse inference sanction against the defendants .
Case Background
In this civil rights class action against the City of New York, it was determined that the City did not issue any litigation hold until August 8, 2013, more than three years after the filing of the Complaint in this case and the litigation hold was not effectively communicated, and none of the officers who were named in the City’s initial disclosures acknowledged receiving it. . . .
13 Saturday Feb 2016
Posted in Legal Writing, Legalese, Persuasive Writing, Plain Language, Readability
≈ Comments Off on Does Legalese Have A Legitimate Purpose?
Lawyers, Stop Writing (and Saying) These Things Immediately, by Brendan Kenny, Lawyerist Blog© 2007–2016
Many lawyers are tired of hearing about legalese, and many still haven’t embraced plain language in their own legal writing and speaking. This post won’t try to change their minds. If Bryan Garner’s life work can’t convince lawyers, how can I?
But there is another issue often lost in the plain-language wars: where did all these legalese words come from? The perception on both sides seems to be these words and phrases once served a purpose, but don’t anymore. But what if we discovered that they never served any purpose? . . . .
13 Saturday Feb 2016
Posted in Cybersecurity, E-Filing, Encryption, Identity Theft, Internal Revenue Service, Legal Technology, Tax Law
≈ Comments Off on E-Filing Your Tax Return? Read This Before You Hit “Send.”
Hackers Trying to Steal Your Tax Refund With Stolen SSNs, by Angela Moscaritolo, PC World
[T]he IRS on Tuesday announced that hackers recently attempted to use some 464,000 stolen Social Security numbers and an automated bot to generate E-file PINs, which can be used to electronically file a tax return. The incident occurred last month, and the hackers were able to successfully access an E-file PIN with 101,000 of the SSNs.
* * *
Last year, Turbo Tax temporarily halted e-filing for state returns across the U.S. after it found ‘an increase in suspicious filings and attempts by criminals to use stolen identity information to file fraudulent state tax returns and claim tax refunds.’
13 Saturday Feb 2016
Posted in Apps, Clouds, Document Retention, Dropbox, Evernote, Google, Law Office Management, Legal Technology, Management, Marketing, Office Procedures, Technology, Time Management
≈ Comments Off on App Honey Pot for Lawyers and Other Legal Professionals.
Tags
Apps, Document Storage, Dropbox, E-Discovery, Law Office Management, Legal Productivity Blog, Marketing, Note Taking, Tim Baran
50+ Apps and Services to Manage and Grow Your Law Practice, by Tim Baran, Legal Productivity Blog
[H]ere’s a list culled from feedback from solos and small firm lawyers and administrators, my own experience, and lots of research, that will help to optimize the day-to-day management and growth of your practice. . . .
13 Saturday Feb 2016
Posted in Clouds, Cybersecurity, Legal Technology, Video, Wi-Fi
≈ Comments Off on Technology is Great, But Are You Safe?
The Unintended Consequences of the Internet of Things, by Jim Calloway, Jim Calloway’s Law Practice Tips Blog
How close is Big Brother – or someone worse? Too darn close, says Jim Calloway. The question? What do we do about it? -CCE
Refrigerators that automatically help you prepare your shopping list. Thermostats that adjust the temperature to your liking when they detect you are heading home on your commute. A device on the front door that sends a picture to you of everyone who rings the doorbell while you are away. All of these ideas seem great and maybe even a bit magical, and they are headed your way right now. The concept of the Internet of Things (IoT) holds a lot of promise.
Unfortunately, as with all things related to technology, it may not be quite that simple. . . .
06 Saturday Feb 2016
Posted in Brain Damage, Damages, Football Helmets, Litigation, NFL, Sports Law, Torts
≈ Comments Off on Will Football Litigation Change How The Game Is Played?
NFL Litigation May Forever Change Football, by Nick Farr, Abnormal Use Blog
http://abnormaluse.com/2013/08/nfl-litigation-may-ruin-football.html
If you are a football fan, you have probably heard about the concussion/brain injury litigation against the NFL. The litigation has been going on for quite some time and seems to be growing with every passing week. We here at Abnormal Use first wrote about it way, way back in 2011. Two years later, there appears to be no end in sight. While we have no idea when the litigation will end, we have a pretty good idea of how it might do so. More than likely, the numerous current and former player plaintiffs will find themselves the recipients of a hefty settlement. But the financial and legal ramifications of this suit should be the least of the NFL’s concern. We here at Abnormal Use fear that this litigation may put a nail in the coffin of football as we know it. . . .
06 Saturday Feb 2016
Posted in Android Phones, Blackberry Phones, Cell Phones, Discovery, E-Discovery, Evidence, Forensic Evidence, iPhones, Legal Technology, Preservation, Sanctions, Spoilation
≈ Comments Off on Clients – Don’t Wipe That Cell Phone!
Appeals Court Upholds Terminating Sanctions For Wipe of Cell Phone, by Doug Austin, eDiscovery Case Law
In Woodell v. Bernstein, et. al., No. 14-2836 (Cal. App., Dec. 30, 2015), the California Court of Appeals affirmed the judgment of the trial court, which imposed terminating sanctions against the plaintiff for spoliation of evidence and dismissed his lawsuit with prejudice after the plaintiff had wiped his cell phone, which was key to the case. . . .
06 Saturday Feb 2016
Posted in Litigation, Recent Links and Articles, Sports Law, Summary judgment, Torts
≈ Comments Off on If You Sign A Waiver To Play Sports, Have You Agreed To Assume The Risk If You Get Hurt?
Judge Gibbons Grants Summary Judgment Based on Waiver Form and Assumption of Risk in Football Injury Case, by Daniel E. Cummins, Tort Talk
http://www.torttalk.com/2016/02/judge-gibbons-grants-summary-judgment.html
With the Super Bowl on the horizon comes the case of first impression of Feleccia v. Lackawanna Coll., No. 12-CV-1960, 2016 WL 409711 (C.P. Lacka. Co. Feb. 2, 2016 Gibbons, J.), in which Judge James A. Gibbons of the Lackawanna County Court of Common Pleas was faced with the issue whether two junior college students who were injured at a preseason football practice were barred from recovering against the college because both signed waivers of liability prior to their injuries. . . .
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