Ethics Hearing @ CT Supreme Court- Raw Footage 1

starkravingviking.blogspot.com Ethics Hearing @ CT Supreme Court- Raw Footage 1 Connecticut Judicial Branch Public Service and Trust Committee Members: * Honorable Alexandra DiPentima, Chair * Sandra Sosnoff Baird, Family Support Magistrate * Honorable Robert E. Beach Jr., Appellate Court Judge * Honorable John D. Boland, Superior Court Judge * Joseph F. Camilleri, Information Technology Division * William H. Carbone, Court Support Services Division * Honorable Patrick L. Carroll, III, Superior Court Judge * Honorable Thomas J. Corradino, Superior Court Judge * Attorney Joseph D. D'Alesio, Superior Court Operations Division * Honorable Nina F. Elgo, Superior Court Judge * Attorney Melissa A. Farley, Division of External Affairs * Honorable Roland D. Fasano, Superior Court Judge * Honorable James T. Graham, Superior Court Judge * Ms. Lisa Holden, Connecticut Coalition Against Domestic Violence * Attorney Norman K. Janes, Statewide Legal Services of CT, Inc. * Honorable Clarance J. Jones, Superior Court Judge * Attorney Kevin T. Kane, Chief State's Attorney * Justice Joette Katz, Supreme Court Justice * Ms. Caren Kittredge, Public Member * Honorable Sandra Vilardi Leheny, Superior Court Judge * Honorable Douglas C. Mintz, Superior Court Judge * Attorney Joseph Mirrione, Connecticut Trial Lawyers Association * Attorney William H. Prout Jr., Connecticut Bar Association * Honorable Barbara M. Quinn, Deputy Chief Court Administrator * Honorable Kevin A. Randolph, Superior Court ...



http://www.youtube.com/watch?v=0leWFbl8TlM&hl=en

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Darrell STEINBERG runs from Atty FINE Question

Darrell STEINBERG, Democrat Majority Leader of the California State Senate, who ignored the "Fatherless Day" Rally by Fathers - 4 - Justice.us, on June 19, 2009, Friday, gets caught by William Wagener, OnSecondThought.tv in a gorilla interview as he re-enters the California State Capitol, at the end of the day. Steinberg, pretends he does NOT know the bill he was the PRIME sponsor of to LEGALIZE the Tortious and Criminal conduct of the 450 State Superior Court Judges of LA County whom all took OPEN BRIBES from the County of Los Angeles, and by strange Co-Incidence, the County of Los Angeles, did NOT lose a single LAW SUIT for almost 2.5 years, while giving ~ $46000 in annual "Bribes" , which Sen. Steinberg calls "benefits", in addition to their STATE SALARY. When asked WHY he does not sponsor a bill to get the Winning Attorney, who won at the State Appellate level, Richard FINE, out of Jail... Senator Steinberg walks away without answering... This is a must see INTERVIEW, no FOX, CNN, ABC, NBC, or BBC or CBS would ever do. Note, Sen. Steinberg, asks "Where are you from" meaning what network.... [ he might want to make sure their state PRESS Credentials are revoked for asking tough questions - which the mainstream media avoids these days ] The On Second Thought Producer/ host starts with a 3 minute explaination, which helps understand the issue, since the entire public has had this issue intentionally hidden from them. Then comes the gorilla interview.



http://www.youtube.com/watch?v=WFpetd-NH5s&hl=en

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Mobrary WV-2010

Mobrary WV-2010 West Virginia Rules of Procedure. United States federal and West Virginia state and local federal rules are available. Search the iTunes Store or the App Store for MOBRARY, or go here: itunes.apple.com



http://www.youtube.com/watch?v=qKm3cW5UdrY&hl=en

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CT Judicial Branch Ethics Hearing, Bridgeport Court 12-6-07

Part 1 of this video is the video preceding this one posted by me. Click Here for part 1: www.youtube.com Bridgeport Superior Court Connecticut, post: starkravingviking.blogspot.com Connecticut Judicial Branch Public Service and Trust Committee Members: * Honorable Alexandra DiPentima, Chair * Sandra Sosnoff Baird, Family Support Magistrate * Honorable Robert E. Beach Jr., Appellate Court Judge * Honorable John D. Boland, Superior Court Judge * Joseph F. Camilleri, Information Technology Division * William H. Carbone, Court Support Services Division * Honorable Patrick L. Carroll, III, Superior Court Judge * Honorable Thomas J. Corradino, Superior Court Judge * Attorney Joseph D. D'Alesio, Superior Court Operations Division * Honorable Nina F. Elgo, Superior Court Judge * Attorney Melissa A. Farley, Division of External Affairs * Honorable Roland D. Fasano, Superior Court Judge * Honorable James T. Graham, Superior Court Judge * Ms. Lisa Holden, Connecticut Coalition Against Domestic Violence * Attorney Norman K. Janes, Statewide Legal Services of CT, Inc. * Honorable Clarance J. Jones, Superior Court Judge * Attorney Kevin T. Kane, Chief State's Attorney * Justice Joette Katz, Supreme Court Justice * Ms. Caren Kittredge, Public Member * Honorable Sandra Vilardi Leheny, Superior Court Judge * Honorable Douglas C. Mintz, Superior Court Judge * Attorney Joseph Mirrione, Connecticut Trial Lawyers Association * Attorney William H. Prout Jr., Connecticut Bar Association ...



http://www.youtube.com/watch?v=Lm6ZyUzn0zI&hl=en

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Bruce Castor Endorses Pat Coonahan for Judge - Full Version

As a litigator, Pat Coonahan has complete familiarity with the County's court system. As an appellate attorney, she has developed a knowledge of the rules of evidence and procedure, and a wide base of experience with legal precedent in the Court of Common Pleas and in the State and Federal courts. Her qualities of excellent intellect, integrity, temperament and, above all, a sense of fairness make her well suited to serve as Court of Common Pleas Judge.



http://www.youtube.com/watch?v=Ee30A_EK8Qk&hl=en

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The Role of Trial Attorneys

Trial attorneys are licensed practitioner by the law, employed either by a party to the case or by a country to prepare and present a case. They represent people who have been injured or violated in some way. They are also sometimes called tort or plaintiff lawyers.

A tort is an act of causing physical injury, for which the wrongdoer may be sued by the injured party. Legally, torts are civil cases. They are different from criminal cases. The person that initiates the lawsuit is the plaintiff, while the accused party is the defendant. They are the two primary subjects of the trial case.

A lawsuit is a civil action brought before a court in which the plaintiff seeks a legal remedy. If the plaintiff is successful, judgment will be given in the plaintiff's favor, and a range of court orders may be issued to enforce a right, award damages, or impose a sanction to prevent or force an act to the defendant.

Whether or not a person plans to pursue litigation, a litigation attorney will be able to determine what the best approach for the case is and can advice the client on how to take the next steps.

Before entering trial, lawyers will try to negotiate first with the other party until they decide to come to an agreement or not. This is called the settlement of cases. This occurs in civil and criminal cases. A settlement may come in the form of money, which satisfies both sides. If they do not decide on an agreement, the lawsuit shall push through.

The early stages of the trial involve the organized exchange of statements and evidences between the parties. This is meant to do away with surprises and clarify what the lawsuit is about. The case then proceeds to trial with each side presenting witnesses and submitting evidences. At the end of this, the judge or jury delivers their verdict.

Trial attorneys play an important part in lawsuits involving tort cases. Without them, your defense will be weak and you might not be able to win your case.

The roles or responsibilities of trial attorneys are:

o To give legal advice

o To provide legal representation for his/her client in court

o To arrange and draft the legal papers needed by the court for briefing regarding the issues on the case. These include drafting of complaints, pleadings, and appellate briefs.

o To argue a client's case before a judge or a jury of the court. It is his job to defend his client through oral arguments in the court

Trials involve a lot of pressure. Do not carry this pressure on your own. You can seek assistance from expert trial attorneys who are competent and dedicated.

A good trial lawyer can be a great help. An experienced and knowledgeable lawyer can give you an edge over your opponent and he could work to your advantage. If you get involved in any form of personal injury claims, hire the right tort trial attorney.

Know more information about the role of Los Angeles Trial Lawyers with the help of well-experienced ones.

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Under New Proposed Texas Legislation, Teenagers May Need Doctor's Note to Use Tanning Bed

The annual ritual of spring break is in full swing for high school and college students everywhere, including here in Texas. Beaches right here in our great state of Texas are a popular destination for young people looking for a week of fun away from parents and teachers. In preparation, tanning salons are filled with those who want to look like they already have spent weeks lounging by the water on the day they arrive. Some legislators in the Texas House want to make that popular bronzing effort more difficult for those who are under the age of eighteen.

Last Tuesday, the House Committee on Public Health approved a bill that would require a doctor's note and the presence of a parent for any client under the age of eighteen who shows up at a salon requesting the use of a tanning bed. The bill's sponsor, State Rep. Burt Solomons, has the intention of enacting the strictest laws concerning tanning regulations for teens in the country. The legislation has strong support from doctors, who warn against the dangers of ultraviolet light that is used in tanning beds. While teenagers only constitute five percent of tanning customers, salon owners fear that this law would hurt business in an already struggling economy.

Under current Texas law, everyone under the age of eighteen needs the permission of a parent. Those who are under sixteen years of age and desire darker skin must have a parent present. And, only young clients up to the age of thirteen now need a note from the doctor.

If you used a tanning salon that you believe was not following strict oversight of its procedures and you have medical problems as a result, Bertolino LLP has personal injury attorneys in Austin, Houston and San Antonio who can fight for the compensation you deserve. If you are the business owner of a tanning salon who has been unfairly accused of poor business practices, our business lawyers who practice in the area of business litigation can offer the defense you need.

Tony R. Bertolino is the managing partner at Bertolino LLP with law offices located in Austin, Houston and San Antonio, Texas. A member of the Trial and Appellate Litigation Team, Mr. Bertolino's practice is devoted largely to complex transactions, commercial litigation, business law, entertainment law and family law matters. You can read more about Mr. Bertolino at http://www.belolaw.com

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Prenuptial Agreements in Michigan - The Five Steps and Foreseeability

In the recent case, Reed v Reed, the Michigan Appellate Court made a decision that strengthened the enforceability of prenuptial agreements especially in long-term marriages.

Before Reed, there were five basic factors to determine whether a prenuptial agreement is enforceable:

1. Was the agreement obtained through fraud, duress or mistake?


2. Was the agreement unconscionable/unfair when signed?


3. Have the facts and circumstances changed since then so as to make it unfair and unreasonable?


4. Did both parties enter into the agreement voluntarily?


5. Did both parties disclose all assets and facts before signing the agreement?

In enforcing prenuptial agreements in long-term marriages, the Courts in Michigan have found that the facts and circumstances changed since the date of the agreement and refused to enforce them. This new decision limits the trial courts ability to throw out a prenuptial agreement that the trial court does not like and substitute its own decision rather than follow the prenuptial.

This has been generally true until the case of Reed v Reed. Mr. and Mrs. Reed married in 1975. When they married, Mr. Reed was in law school and Mrs. Reed was studying for her degree in business. They had approximately $20,000 worth of assets. Mr. and Mrs. Reed were married for thirty years. During the marriage, they accumulated several million dollars worth of assets. They shared some of their assets and bank accounts jointly and titled other assets and bank accounts in their own names.

The trial court decided not to enforce the agreement. The trial court believed that it would be unfair to enforce the agreement at the time of the divorce based upon the length of the marriage and the accumulation of assets. The Appellate Court disagreed with the trial court and ordered the trial court to enforce the agreement despite the length of the marriage and the accumulation of assets.

The Appellate Court included an element of "foreseeability." It indicated that at the time of the agreement, it was foreseeable that the parties may accumulate significant wealth and that a long-term marriage was as foreseeable (and actually what most people hope for) as a short-term marriage. The court indicated that because of the "foreseeability" of the long-term marriage and accumulation of assets, enforceability was fair. It indicated that Mr. and Mrs. Reed could have foreseen the long marriage and accumulation of assets when they entered into the agreement.

The Court stated a very strong preference for upholding prenuptial agreements. It stated that the parties to the prenuptial agreement had "agreed to be captains of their own financial ship and to decide their own destiny." Therefore, if a future event is foreseeable, it is not a change that would make enforcement unfair.

This decision has strengthened the enforceability of prenuptial agreements, especially in long-term marriages. If parties that are marrying would like to maintain their own separate assets and income into the future, it appears that prenuptial agreements are a very strong way to do so. In writing a prenuptial or making changes to one, both people should be represented by an attorney due to the serious effects it will have on their rights. Prenuptials are particularly important for small/family business owners or partners.

I am Cameron C. Goulding, a divorce lawyer practicing in North Oakland County Michigan for over fourteen years, for more information or to contact me please visit my website http://www.camerongoulding.com/ or call for an appointment at (248) 340-0900. I provide the highest caliber family law services to Rochester, Rochester Hills, Bloomfield, Troy, Lake Orion, Oxford, Waterford and the surrounding communities in Macomb and Genesee Counties.

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Santa Cruz Appellate lawsuit4: Channel 17 5-10: From Rags to Middle Class

My Santa Cruz lawsuit, over nine disputed easements on a 3-acre property I purchased in the Santa Cruz mountains, was appealed. Here, I discuss why I disagree with the Appellate Court's decision and my prima facie case that attorney Robert Bosso and Caleb Baskin modified the settlement agreement they submitted to the court.



http://www.youtube.com/watch?v=JjcK1KMUYDM&hl=en

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Multi-Million Dollar Divorces Bring a Unique and Complex Set of Issues

When you think of high-profile divorce cases at which millions of dollars are at stake, perhaps your first inclination is to think of the celebrities who find themselves in a court room somewhere near the movie and music studios that employ them. Certainly, these contentious battles receive the most media coverage, as recent divorces involving Madonna, Paul McCartney and Mel Gibson demonstrate. We come to learn about every asset of these famous men and women, down to the nickels and dimes, as well as every alleged indiscretion that may have led to the couple staring one another down in a courtroom. However, the dissolution of wealthy marriages does not just occur in Hollywood or the pages of tabloids. The reality is that divorces with large financial stakes are playing out all the time in every state, just usually without the glare of the paparazzi's lens. Right here in Texas, dividing assets that are worth upwards of seven or eight figures is not unusual. Family law attorneys who wish to handle such cases must be almost as experienced in finance, accounting, and tax structures as they are in the matters of child support and marriage contracts.

Did you know that the current economic recession has actually played a role in increasing the number of wealthy couples who are filing for divorce? While overall, according to the American Academy of Matrimonial Lawyers, divorces tend to decline with an economic downtown, those with a tremendous amount of assets do not follow the trend. Instead, the number of inquiries to divorce attorneys from potential clients with a great deal of wealth increased by forty percent over the past year. During a recession, you can expect that a couple's assets will decrease in value, from the family home to the high-risk investments to the 401(k) account. By making the decision to split when values are low, individuals will be obligated to provide less to a spouse in a resolution. If a marriage was already shaky or wholly dependent on the good times of a thriving economy to make the union bearable through material gains , a recession is going to make such partnerships all the more susceptible to the addition of a divorce lawyer or two into the relationship.

Divorce is never an easy process for a couple of navigate. These proceedings usually come with heightened and mixed emotions, an intense sense of grief and, if there are children involved, concern over what is best in terms of visitation and financial support. However, there is an additional set of complex issues that come into play with the two people who are separating are worth millions of dollars. If you are in this situation, you need to make sure that you are working with a family law attorney who specializes in such cases. Just think about all of the financial consequences that come from the dissolution of such a union. Property such as investment portfolios, time shares, art collections, equity in businesses, compensation packages, and other assets that are unique to the wealthy members of our population all can become points of contention for two people who both offer legitimate claims to their worth. The level of negotiation goes way beyond which person gets the newer car and how many nights the kids will stay at each house. These high-stakes divorce cases become complex business deals similar to the dissolution of a corporation. In Texas, these assets tend to take the form of oil and gas investments, securities, corporate ownerships, and large amounts of physical property. Texas has no shortage of men and women who have made fortunes off our state's natural resources and impressive human capital, and they want to hold onto the fruits of their labor.

In addition to the property that is known and shared by both partners in a marriage, attorneys who are handling the divorce of a wealthy client also must consider the possibility that the other spouse is intentionally hiding some assets in order to lower the final amount of a settlement. When necessary, forensic experts in accounting, banking, business management, and other specialized fields may be retained to ensure that all investments are located and protected. If you believe that your estranged husband or wife may be hiding some sources of income, you need to make sure that you are hiring a lawyer with the professional resources and knowledge to know where to look to find hidden assets like offshore bank accounts, deferred compensation, tax shelters and other sources of income that must be included as community property.

When negotiating divorce settlements in Texas, attorneys must work under the fact that we are a "community property" state. This means that most property acquired during the marriage will be subject to an equitable division in a divorce settlement or trial. Even if one spouse was the sole source of income and therefore provided the money for the homes, cars, investments, etc., both partners have equal claim on these assets when a separation occurs. While a judge always will start with the assumption of a 50/50 split, various factors, such as the fault in the break-up of the marriage and the value of the assets of property, may shift the final decision.

In addition to the splitting of assets, a wealthy couple often faces the question of spousal support or alimony. When both members of a partnership become accustomed to a particular standard of living, battles may be fought if the ability to maintain the same existence is threatened. What expectations should one spouse have for financial support if he or she did not provide the primary source of income during the marriage? In Texas, spousal support is not an assumed component of the divorce settlement. Instead, a judge will examine factors such as the employment and education skills of the spouse, the duration of the marriage, the physical and emotional condition of the spouse, the need to care for children in the home, and possible marital misconduct. The decision can be made to provide either temporary spousal support or more long-term assistance. When dealing with couples who are used to budgeting with millions of dollars at their disposal, awards of spousal support can reach into the tens of thousands of dollars every month.

It is often said that everything is done bigger in Texas, from our food to our sports to our love of the outdoors. The same idea often holds true concerning the divorces that take place between some of the most wealthy and high-profile residents of our state. These marriages are not just unions of love and the foundation of families, but also complex business partnerships. With all of the money at stake, there are divorce attorneys who specialize in the dissolution of high-dollar marriages. If you find yourself in the position of needing legal representation in the face of an ending marriage and the financial consequences of the split are significant, it is imperative that you find an attorney who displays great comfort with discussions of investment portfolios, vacation homes, and antique heirlooms. If these conversations do not occur with ease, move on until you find an attorney who provides you the needed confidence that a difficult time in your life will be made as easy as possible.

Tony R. Bertolino is the managing partner at Bertolino LLP with law offices located in Austin, Houston and San Antonio, Texas. A member of the Trial and Appellate Litigation Team, Mr. Bertolino's practice is devoted largely to complex transactions, commercial litigation, business law, entertainment law and family law matters. You can read more about Mr. Bertolino at http://www.belolaw.com

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SC disqualifies Sharif brothers

The Supreme Court of Pakistan on Wednesday in a short order disqualified Mian Nawaz Sharif and Mian Shahbaz Sharif in eligibility case. After completion of arguments of Attorney General Sardar Latif Khosa a three-member bench of the Supreme Court comprising Justice Moosa K.Leghari, Justice Sheikh Hakim Ali announced the short order of disqualification of Sharif brothers which says, all the petitions are dismissed except petition of Sayed Khurram Shah and notification of the Election Commission is declared null and void. Justice Sheikh Hakim Ali in his remarks said that the Supreme Court has the right to stop any ineligible person to become a member of the Parliament. The apex court also upheld the verdict of the Lahore High Court. The Federation had filed appeals in the apex court against the disqualification of PML-N chief Mian Muhammad Nawaz Sharif and had challenged the June 24 Lahore High Court (LHC) order to set up an election tribunal to decide the eligibility of Punjab Chief Minister Shahbaz Sharif. These appeals were filed under Article 185(3) of the Constitution, citing Mian Shahbaz Sharif, the Returning Officer PP-48, Bhakkar-II, the Election Appellate Tribunal for PP-48, Bhakkar-II, Lahore High Court, Chief Election Commissioner and Syed Khurram Shah as respondents.



http://www.youtube.com/watch?v=mrZE2zjqBKA&hl=en

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How to Appeal Your IRS Audit

Let's say your tax return is examined by the IRS and you do not agree with the results of the examination.  What happens next?  Are you just stuck in the mud or can you take the matter higher up?  Luckily for taxpayers today, further appeal within the IRS is permitted.

When the IRS has concluded its audit it then issues what's known as a "30-day letter."  This is a letter that gives you exactly 30 days in which to act.  If you get one of these during your IRS audit and don't know what to do, please consider calling a tax lawyer for help. 

Once the IRS has issued a preliminary 30-day letter, you have the right to appeal to a local Appeals Office by filing a written request for appellate consideration. This is the only level of appeal within the IRS. Appeals conferences are conducted in an informal manner, meaning that you can have the appeals conference by telephone and simply tell your side of the story.  The IRS agent who did the audit will seldom if ever be on the phone with you, just the appeals officer.

A taxpayer who requests a conference may also need to file a formal written protest. However, if the protested amount is not more than $25,000, you may want to consider making a small case request instead of a formal written protest ( IRS Publication 556).  You should also know that in addition to appeal or in lieu of appeal there's another avenue open to you.  If you decide to forego the right to submit a protest to the Appeals Office after receiving a 30-day letter you can still file a petition in the Tax Court within 90 days after the receipt of a statutory notice of deficiency.  That's a whole other article.

Here's another insight.  Small business and self-employed taxpayers can resolve their IRS audit disputes through what's known as fast-track mediation. Disputes can be resolved through this expedited process within 40 days, compared to several months using the regular appeals process.

If you represent a large or mid-sized business, you can resolve their tax disputes through a fast-track settlement program. The goal for this program is to reach settlement within 120 days. A similar fast-track settlement program for small businesses and self-employed taxpayers is being tested by the IRS but no word of its status has been released yet.

Here's your takeaway:  many taxpayers try to represent themselves during an IRS tax audit.  They usually have varying degrees of success, especially when compared with the much more professional approach taken by tax lawyers.  At any rate, if you're dissatisfied with the result of your audit, by all means call a tax lawyer for help with an appeal.  It just may be worth every penny and much more!

by: John Ellsworth, Tax Attorney at http://www.IRS-SOLV.com Want to know more? Come to IRS-SOLV and read other articles. Thank you.

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Division of Property During a Divorce

In a Divorce proceeding, the Court has the power to "justly and equitably" award property. Therefore, it is extremely important to note that the Court does not automatically apportion property division at fifty percent (50%) to each party. In many cases, the interpretation of "just and equitable" has meant an award of fifty percent (50%); however, this is always subject to the specific circumstances of the Divorce case.

The Court has the authority to divide "marital property." Therefore, it is helpful to develop a chart or summary of all of the marital assets as well as non-marital assets. Marital assets include anything of value that is accumulated after the date of marriage. This includes, but is not limited to, cash, accounts, investments, pension, 401(k) plans, real estate, investment property, business interests, or personal property items. Anything that has value and that was accumulated after the date of marriage is considered marital property and is subject to division by the Court.

Non-marital property is property that was either brought into the marriage by one party (e.g. a vehicle that was owned outright by one spouse before he or she got married) or if the property was received as a result of an inheritance during the marriage or was given as an exclusive gift to that particular party during the marriage. It is important to note that the Court assumes that all property is marital unless one party establishes to the satisfaction of the Court that it has a valid non-marital claim. This is typically done by "tracing" (showing a chain of events along with supporting documentation that would lead the Court to believe that the property was non-marital in nature). It is also important that the non-marital property is not "commingled" with marital property. For example, if one party receives an inheritance of $10,000, to retain its non-marital nature, it should be separate and apart from any marital funds and should not be "commingled" in a joint account.

In determining issues relative to property and debt, one of the most popular misconceptions is that title (who is listed as the named owner of the property) is important. Whether it is a vehicle, a pension plan, a 401(k) plan or any other asset, title is not the controlling factor relative to dividing an asset. If it was accumulated during the marriage, it is marital property regardless of whose name it is titled under. Another important consideration when analyzing and agreeing to a property division is that it is final. Once the Court signs a Divorce Decree, which gives an award of property to both sides, it is final. Absent extremely rare circumstances, it can never be changed.

When analyzing the property division, it is almost always a good idea to award an asset to a party who also is the debtor on that particular asset. For example, if one party is driving a Lexus motor vehicle and he/she is named on the loan or lease for that vehicle, he or she should be awarded that vehicle subject to the loan so that there is no confusion on the part of any party as to who will service that particular debt.

Farhan Hassan concentrates his practice on all areas of family law with a specialty in divorce, including custody, spousal maintenance, complex property issues, as well as appellate practice. Please visit http://www.allaboutdivorcemn.com for specific conversations about getting a divorce in Minnesota.

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Jaburg Wilk Client Testimonials

Located in downtown Phoenix, Jaburg & Wilk is a full-service, mid sized, AV-rated law firm. Our attorneys work to create practical, cost-effective solutions for those who drive business. Jaburg Wilk is a business law firm with experienced and knowledgeable attorneys in the following practice areas: Appellate Bankruptcy Business/ Corporate Law Business Divorce Collections Creditors Rights Workouts Construction Law Corporate Transactions Defamation Employment Law Escrow Estate Planning Family Law Financial Fraud Foreclosure Franchise Law Healthcare Law In-House Counsel Insurance Coverage Intellectual Property Litigation Pest Control Probate Litigation Real estate



http://www.youtube.com/watch?v=yzXlbvEfqrw&hl=en

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Judge Sotomayor's Opening Statement - Senate Confirmation Hearing

Judge Sonia Sotomayor delivers her opening statement during the first day of her confirmation hearing in the Senate Judiciary Committee. Once confirmed, Sotomayor would be the first Hispanic and third woman to serve on the United State Supreme Court.



http://www.youtube.com/watch?v=EgimID6nsNI&hl=en

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Mike Lee for US Senate campaign announcement (Part 2)

Utah Republican Mike Lee officially announces his candidacy for the US Senate. For more information, please visit www.mikelee2010.com Mike Lee is a scholar and passionate defender of the Constitution. He has spoken to thousands of people about the importance of and the need to preserve the Constitution. Everything from the Due Process Clause to the Presentment Clause was discussed around the Lee family's dinner table, almost in the same way many families talk about the weather, school, or the day's events. As a result, at a very young age Mike acquired a great love of and admiration for the Constitution and for the principles it is based on. After graduating from Law School in 1997, he served as a law clerk to Judge Dee Benson of the US District Court for the District of Utah. Following his time with Judge Benson he clerked for then-Judge Samuel A. Alito, Jr., who was serving at that time on the US Court of Appeals for the Third Circuit Court. From there he went into private practice, joining the Washington, DC office of Sidley & Austin, where he specialized in appellate and Supreme Court litigation. Several years later, Mike returned to Utah after being invited to serve as an Assistant US Attorney in Salt Lake City, preparing briefs and arguing cases before the US Court of Appeals for the Tenth Circuit. He served as Governor Huntsmans General Counsel from January 2005 until June 2006, when he returned to Washington to serve a one-year clerkship at the US Supreme Court ...



http://www.youtube.com/watch?v=_lDU7zVjmqo&hl=en

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FBI & Grand Jury Investigate Riverside DA Office Pacheco covers up Hammond Investigation

Riverside County DA Rod Pacheco orders his attorneys to cover up Senior Investigator Candette Hammonds crimes. Riverside Sheriffs Department concludes their criminal investigation into Candette Hammond stating she falsified criminal reports and committed perjury. Riverside Superior Court judge issues "Very rare" Factual Finding of Innocence to Senior Investigator Luis Bolaños. As a result, he is 100% exonerated and vindicated by Riverside Superior Court.and California state appellate court. Judge SLAMS Riverside County District Attorney's office (Rod Pacheco) for conducting an incomplete investigation which resulted in the Attorney General's office "Rubber Stamping" this incomplete investigation. Lead investigator Candette Hammond developed an "inappropriate" relationship with Bolaños' ex-wife (Jolie Bolaños/Alfego/Morgan/Ryan/Ongley) committed perjury and lied in the report that led to the attempted prosecution of Senior Investigator Luis Bolaños. FBI and Grand Jury Investigates Riverside DA's office.



http://www.youtube.com/watch?v=RfygvP0hQCM&hl=en

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Creative Custody Arrangements | MN Divorce Lawyer

www.MNFamilyMatters.com Minnesota Divorce Lawyer M. Sue Wilson discusses creative custody arrangements for children of couples divorcing in Minnesota. Attorneys at the M. Sue WIlson Law Offices assist clients with Parentling Plans that provide for joint and solo physical custody of children. Minnesota Divorce Lawyer M. Sue Wilson explains the impact of the Internet and cell phones on creative custody arrangements and her attitude toward cooperative parents sharing schedules, time, school activities, and the future as parents. Responsive. Effective. High quality results. We care about your well being.



http://www.youtube.com/watch?v=p1MCsNg7Dmg&hl=en

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Trademark Law in India

Indian Trademark Law has been codified in conformity with the International Trademark Law and is about to undergo an amendment to be at par International Trademark Law. Recently India has signed Madrid Protocol that will allow Foreign Applicants to file an International Application designating India like many countries around the globe e.g China. Though unlike China and many other countries Multi class filing is allowed in India.

Statue:

The various statues dealing with Intellectual property laws in India are as follows:
1. Trademarks Act, 1999
2. Copyright Act, 1957
3. Patents Act, 1970 as amended by Patents (Amendments) Act, 2005
4. Designs Act, 2005
5. Code of Civil Procedures, 1908
6. Indian Penal Code, 1860
7. Geographical Indication of Goods (Registration & Protection) Act, 1999
8. Semiconductor, Integrated Circuit Layout Design Act, 2000
9. Plants Varieties Protection and Farmers' Rights Act, 2001
10. Information Technology Act, 2000

Requirement:
A 'Trademark' means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others. A 'Mark' includes a device, brand, heading, label, ticket, name (including abbreviations), signature, word, letter, numerals, shape of goods, packaging or combination of colors and any combination thereof.

The two main requirements of a trademark are that it must be distinctive (adapted to distinguish the goods/services of the applicant from that of others) and not deceptive. Therefore while selecting a trademark, words that are directly descriptive of the goods, common surnames or geographical names should be avoided as these confer weaker protection to the proprietor even if registered. Now the concept of "well known mark" has been introduced after the last amendment and Section 2 (zg) defines a well known mark as:

"Well-known trademark, in relation to any goods or services, means a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the first mentioned goods or services." While determining whether the mark is well-known mark, the registrar will take in to consideration while determining that the mark is a well known mark.

(a) the knowledge or recognition of the alleged well known mark in the relevant section of the public including knowledge obtained as a result of promotion of the trademark.
(b) the duration, extent and geographical area of any use for that trademark.
(c) The duration, extent and geographical area for any promotion of the trademark including advertising or publicity and presentation at fairs or exhibition of the goods or services
in which the trademark appears.
(d) The duration and geographical area of any registration of any publication for registration of that trademark under this Act to the extent that they reflect the use or recognition of that
trademark.
(e) The record of successful enforcements of the rights in that trademark, in particular the extent to which the trademark has been recognized as a well known trademark by any Court or Registrar under that record.

Whereas a trademark has been determined to be well known in at least one relevant section of the public in India by any court or Registrar, the Registrar shall consider that trademark as a well known trademark for registration under this Act.

"Relevant section of Public" may be actual or potential consumers of, persons involved in channels of distribution of or business circles dealing with the type of goods or services to which the mark is applied.

The Registrar is not required to consider the following facts while determining a well known trademark.

a) The Trademark has been used in India
b) The Trademark has been registered
c) The application for registration of the Trademark has been filed in India.
d) The trademark is well known in or has been registered in, or in respect of which an application for registration has been filed in any jurisdiction other than India or
e) The trademark is well known to the public at large in India.

Priority:
For claiming a priority from an application filed in United States a corresponding application should be filed in India within 6 months of date of filing of original application.

Various Grounds for refusal:

Absolute grounds:

Section 9 of the Trademarks Act, 1999 sets out the absolute grounds for refusal of trademarks, which can be grouped under following heads:

a) Trademark is devoid of distinctive character;
b) Trademarks that are descriptive;
c) Trademarks likely to deceive of cause confusion;
d) Trademarks or signs that are customary in current language and in the bonafide and established and customary practice of the trade;
e) Trademarks comprising scandalous or obscene matter or likely to hurt religious susceptibilities in India;
f) Trademarks consisting of shape which are purely functional or are necessary to obtain a technical result or give substantial value to the goods; or
g) Trademarks whose use is prohibited under Emblems and Names (Prevention of Improper Use) Act, 1950.

Prohibition:
Section 13 of the Trademarks Act, 1999 prohibits registration of any word as trademark which is:
a) Commonly used and accepted name of any chemical element or any chemical compound (as distinguished from mixtures) in respect of a chemical substance or preparation; or
b) Declared by the World Health Organization and notified as such by the Registrar, as an International non-proprietary names.
Relative grounds of refusal:
Section 11 of the Trademarks Act, 1999 sets out the relative grounds for refusal of trademarks, which can be grouped under following heads:
a) identical or similar to a previous mark with and/or without similar or identical goods;
b) Prohibition of use of the trademark under passing off or law of copyright;

Statutory defense available under the Act:
For registration:
a) Honest concurrent use;
b) Acquiescence; or
c) Prior user
Against Injunction suit or criminal matters
a) Use in accordance with honest practices in Industrial or commercial matters;
b) Parallel Imports;
c) Fair use in description of the goods or services; or
d) Generic ness.
Special Considerations in case of well known mark:

As per Section 11 of the Trademarks Act, while considering an application for registration of a trademark and opposition filed in respect thereof the Registrar shall

a) protect a well known trademark against the identical or similar trademark.
b) take into consideration the bad faith involved either of the applicant or the opponent affecting the rights relating to the trade mark.
However this provision shall not effect the trademark if it trademark has been registered in good faith disclosing the material information to the Registrar or where right to a
trademark has been acquired through use in good faith before the commencement of this Act.
Enforcement of Trademarks Rights:

Opposition (before the Registrar) and Cancellation (before the Registrar as well as Appellate Board)
Opposition can only be done after publication of the trademark and within 3 months of date of availability of Journal. One month extension is available if sought before the expiry of 3
months time.

Cancellation on the ground of non-use for a period of 5 years and 3 months and proof of intention on part of the registered proprietor not to use the trademark at the filing date and nonuse till the cancellation petition.

Before the Courts: Ex-parte Injunction, Permanent Injunction, Anton Pillar Order, and /or Arrest and Seizure of goods (irrespective of registration).

Assignment/ license:

Trademarks are now recognized as a "movable property" under the Indian law and can be therefore assigned/ licensed. A trademark can be assigned with or without the goodwill
attached to it.

Renewal:
The trademarks can be renewed perpetually, are renewable for a period of 10 years on payment of prescribed fees.

Express processing:
Under Indian trademark law now it is possible to expedite the various proceeding e.g. search, examination etc. by filing a request with prescribed fees. Indian Trademarks law are at par with the International laws and has stringent procedures for safeguarding and protecting interest of the proprietor of mark.

Author is an Advocate and Registered Patent And Trademark Attorney with Aswal Associates and handles IPR division of the firm and is having the vast experience of having being associated with various premier IPR firms of India in the past. The author is also a member of APAA.

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3 "Musts" to Consider When Choosing an Attorney

First off, many lawyers offer a free or low-cost initial consultation, so have an interview with at least two (2) to three (3) lawyers before settling on one. It will be well worth your time and money to scope out their knowledge base because if a lawyer is licensed to practice in the State of Minnesota, he or she can practice any type of MN Law, including Family Law. You need to remember that one of the main considerations in choosing a family law attorney must be his/her level of family law experience, expertise in dealing with a specific issue involved in your proceeding, and trust and affordability. For example, it is not appropriate for one lawyer to represent both spouses because there is an inherent conflict of interest (the interests of both spouses will most likely diverge at some point).

The second of the considerations in selecting an attorney is whether or not they listen to and understand your goals and concerns. At an initial consultation, you can come away with a very good idea of the lawyer's general working demeanor and how they may handle your case if you were to retain them.

You should always request a written Retainer Agreement before you agree and sign off on the fee structure. The written Retainer Agreement should typically state the hourly rates, whether or not the attorney will pay for other costs of your case through the retainer and whether the retainer is refundable or non-refundable. It is always a good idea to sign a Retainer Agreement which is refundable, so that if you discharge the attorney's service or if the case if completed before your retainer is exhausted, that the remaining monies are reimbursed to you.

Once you pay your retainer, it is placed in the lawyers trust account and the lawyer makes periodic (typically monthly) disbursements from this account depending upon the amount of time that was spent on your case and costs that were incurred in your case. You should receive monthly invoice statements that reflect the work performed on your behalf by the lawyer or the lawyer's staff.

Farhan Hassan concentrates his practice on all areas of family law with a specialty in divorce, including custody, spousal maintenance, complex property issues, as well as appellate practice. Please visit http://www.allaboutdivorcemn.com for specific conversations about getting a divorce in Minnesota.

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Criminal Appeals Lawyer Part 2

Timothy P. Flynn was selected to participate in a panel discussion aired on Michigan Government Television as the appellate criminal defense lawyer in the People v Gillis case decided by the Michigan Supreme Court in 2006.



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The US Laws and Defense Criminal Attorney

The word "crime" incites a negative appeal for all. No one wants to get involved in any such issue which has been been once proved as a criminal activity. It is mainly because your future life will be shattered completely if proven guilty. Not only you will be terminated from the job, but you may become a case of suspicion in eyes of the society as well. The US laws against such cases are really very strict and the punishment for any such offense is also very severe.

Accused may find really tough to get fines for the below mentioned grounds of suspicion.

The US laws categorizes crimes in mainly two broad headings:

1. Federal Crimes
2. State Crimes

Federal crimes:

All drug related crimes such as:

- Selling of drugs, growing and distribution of marijuana.
- Medical crimes.
- Financial frauds such as credit card, insurance, bankruptcy and more.
- Immigration crimes, Smuggling.

State crimes:

- Sale and possession of banned drugs.
- Crime related to theft.
- Crime done under the influence of alcohol or driving.
- Sex crimes like prostitution, child abuse etc.
- Violent crimes that may include kidnapping, robbery, assault, bribery, corruption and more.

Defense Criminal Attorney:

When stuck in the shackles of any offense against the law, you should seek a professional and skillful advice. A professional and experienced criminal defense attorney can rescue you to get out of a web of problems. Choose someone who can understand your situation well and gives you a solution that actually works. Consider a person who has a clear understanding and knowledge of providing assistance to all your problems.

For more details please visit: Miami Criminal Attorney and Miami Criminal Lawyer.

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Adams and Ferguson Burbank Appellate Attorney Burbank Appea

criminaldefenseappeals.com Burbank Appellate Attorney Alison Adams and Burbank Appeals Lawyer Susan Ferguson are admitted to practice in every district of the California Courts of Appeal, and half of the United States Courts of Appeals.



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Social Security Denied: Should I Appeal?

Social Security Disability is not available for everyone who has an impairment. If you are under age 50 and are still capable of some kind of employment in the national economy then you probably cannot get Social Security Disability. What you can do is contact your state Department of Rehabilitation and seek help in obtaining retraining or job placement. This service should be free for anyone who has an impairment. Of course, if you are still working and making $840.00 or over then you are presumed not to be disabled.

If you are over 50, then proving disability gets somewhat easier. However, your age really does not help you until you are 55 or over. If you are 55 or over, have a severe impairment that prevents past relevant work (PRW), then you are a better candidate for disability. If you have less than a high school education, are over 55, and have only a history of unskilled work, then you are even a better candidate for disability provided you have a severe impairment. As the above discussion shows, when applying for Disability, it is better to be older than 55, uneducated, and have no skills. If you lack any of these, then the case for Disability becomes harder. Alternatively, it is also helpful if the skills you acquired from your work are job specific and are not readily transferable to other occupations.

Of course, there are those cases in which the impairment is so severe that all employment is precluded even though the claimant is young or highly skilled or highly educated. But most cases involve claimants who because of their impairment cannot do their past relevant work (PRW). Then the Big Question becomes can they do other light work or perhaps sedentary (sit down work) in the national economy despite their impairment.

Where an individual case fits in the process can be determined by an experienced Social Security Attorney. He or she can evaluate the case and advise whether or not it is worth going forward.

For more advice, you can contact us at http://www.virginiadisabilitylawyer.com or email us at jervalaw@aol.com or reach us at http://www.geraldlutkenhaus.com

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented at this site should not be construed as legal advice.

Gerald G. Lutkenhaus has been representing Social Security Disability claimants for 30 years in the Central Richmond Area in Virginia. He was given Martindale Hubbell's highest rating in 2003. In the July 1999 issue of Richmond Magazine he was also recognized as the One of the Best Workers' Compensation Attorneys in Central Virginia. http://www.virginiadisabilitylawyer.com

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Alcohol and Energy Drinks - A Troubling Mix

Energy drinks have become overwhelmingly popular over the last decade. Leading brands include Red Bull, Monster, Rockstar, Amp, and Full Throttle. Promising to stimulate the senses and provide drinkers with the energy they need to get through the day, energy drinks are known to contain high levels of sugar and caffeine. Although this may appeal to those in need of a daily boost in energy, the consequences of consuming large amounts of these drinks may also be very dangerous. Even more alarming is the recent trend of mixing energy drinks with alcoholic beverages. While everyone understands that excessive amounts of alcohol may be dangerous, you may not realize that drinking cocktails that contain energy drinks may prove fatal.

The Problem with Mixing

One of the major problems in mixing energy drinks with alcoholic beverages is that the caffeine present in most energy drinks dulls the effects of alcohol, causing a person to feel less impaired than they may actually be. This may have serious consequences if drinkers believe that they are sober enough to have another drink or two, or sober enough to get behind the wheel, leading to DUI charges and potentially serious injuries.

Although the Food and Drug Administration has yet to investigate the true nature of energy drinks, an increasing number of DUI cases related to the consumption of energy drink/alcohol cocktails should grab their attention. If you or a loved one has been charged with a DUI and believe that you were unable to recognize your intoxication level due to the mixture of energy drinks and alcohol, the bar or energy drink manufacturer may be responsible for your charges. The inability to recognize your intoxication level as a result of consuming mixed drinks puts you at serious danger of making bad decisions, such as driving while intoxicated.

A Lawyer Can Help

If you believe that the combination of caffeine, sugar, and alcohol is the reason for the DUI charges brought against you, contact a skilled criminal defense attorney immediately. A knowledgeable defense attorney will be able to effectively evaluate your case and give you professional advice on how best to proceed with legal action. A lawyer will investigate the details of your case in order to determine if a bar or energy drink manufacturer may be to blame for your inability to know just how intoxicated you were when accused of driving under the influence.

Contact a Milwaukee DUI Lawyer for more information.

Joseph Devine

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How To Make An Appeal

Making an appeal refers to the situation when a party makes a formal request that a higher body, in general a higher court, will review the action, procedure, or decision of a lower court, administrative agency, or other body. Typically, it is the party who loses or did not get all the compensation that it sought for, who decides to make an appeal. In addition, both parties can make an appeal of a court order on their own, if both of them are unsatisfied by the outcome of the lawsuits.

Where do I make an appeal? Generally, an appeal has to be brought solely to the next higher body in the same system. For instance, if you make an appeal of an order in a state trial court, you will have to make an appeal to the state intermediate appellate court. Then, if you or the other party lost and wish to make an appeal, you or the other party will have to take a further appeal to the state’s highest court. In some states, in order to take a further appeal to the state’s highest court, the party would require to get permission from either the intermediate court or the higher court, except if there had been a reversal or dissenting opinion. Eventually, the state’s highest court is generally the final word on matters of that state’s law.

But if you want to make an appeal from an administrative law judge or hearing officer, the process differs a bit from what it has been described before. Indeed, you need first to make the appeal to the administrative agency’s appeals board, and then to the agency head, and only then to the appropriate court.

Can I make an appeal in any cases? The answer is positive. Indeed, the basis of an appeal is either the fact that a lower court made a serious error of law or that the verdict in the trial was against the weight of the evidence. Therefore, if your situation falls in one of this category you can make appeal whatever your case. However, there are some restrictions because the standards for overturning the judgment will also highly depend on what court or body rendered the judgment and the kind of case.

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