May It Please The Court
Quote of the Day - Sometimes you don't know what you're missing until you reach out to touch it. Sometimes you can't see how beautiful something is until it steps back into the light. And sometimes you miss a love you almost didn't lose. But when you need beauty, dream.
MIPTC Is Back; The Book Is In The Hopper
Regular readers will have noticed that MIPTC hasn't been frequently updated over the last month or so, and will likewise remember MIPTC has been busy working on a second book, Bad Decisions? 10 Famous Trials That Changed History. As a consquence, together with my regular practice of law, it pretty much took up most of the rest of my available writing time, unfortunately to the exclusion of this blog.
But Kaplan Publishing in New York now has the manuscript, all 155,000 words of it, and MIPTC is back. We'll see you much more frequently and thank you for your continued loyalty.
The new book comes out in March 2009. Stay tuned.
Lawyer 2 Lawyer Internet Radio Swims Across the PondThe failing economy is having an impact on law firms and not just in the U.S. Firms are cutting staff, scrapping bonuses and some law firms are even collapsing. Across the pond in the UK, law firms are facing similar troubles. Please join me and my fellow Law.com blogger and co-host, Robert Ambrogi, as we welcome Ronnie Fox, Principal of the UK law firm Fox and Jonathan Fagan, Solicitor and Managing Director of Ten Percent Legal Recruitment, also in the UK, to talk about how the present economic crisis is affecting not only law firms here, but firms in the UK. They will discuss the obstacles that UK law firms face and what needs to be done to get through these hard times.
How to Get SuedMost “How To” articles tell you how to avoid getting sued. For those who like living on the edge, here’s the other side of the coin, how you can get sued in 10 easy steps.
1. Take more than your share or provide less than you promised.
2. Blame it on someone else.
3. Ignore telephone calls.
4. Fail to respond to letters.
5. Tell them it’s their fault.
6. Rationalize your behavior.
7. Get angry in response to reasonable requests.
8. Delegate your subordinates to deal with it, and don’t give them any authority.
9. Trump up your own claims to offset their claims.
10. Tell your friends about how they took advantage of you.
Of course this list is endless, but you get the idea. These generic statements can apply across the board to practically any business. In the employment industry, one company identified 10 ways for employers to get sued.
If you want to avoid getting sued, treat others fairly and solve their problems. That method creates goodwill, and increases the value of your business. If you provide more than you’re paid for, you create goodwill. Plus, it keeps you from having to hire a lawyer, which not only saves you money, but makes money for you too.
Lawyer 2 Lawyer Internet Radio Inspect the Possibility of an Automaker BailoutBailout or bankruptcy for the U.S. automakers to the tune of $25 billion? Please join my fellow Law. com blogger and co-host Bob Ambrogi as he welcomes experts Professor Eugene F. Fama, the Robert R. McCormick Distinguished Service Professor of Finance at the University of Chicago Booth School of Business, Attorney Andrew Z. Schwartz, head of the Bankruptcy and Restructuring Group at Foley Hoag LLP and Attorney Lisa C. Wood, Partner and Co-Chair of Securities and Corporate Disputes Practice at Foley Hoag LLP to discuss the economic and legal options and consequences.
Lawyer 2 Lawyer Internet Radio Talks to the Public - Defender, That Is
It takes a special kind of lawyer to be a public defender today. Case overload is just one issue causing seven Public Defender's offices across the country to refuse to take on new cases or sue to limit their workload. Please join me and my fellow Law.com blogger Bob Ambrogi as we welcome Bennett H. Brummer, Public Defender in the Eleventh Judicial Circuit of Florida in Miami-Dade County and David Carroll, Director of Research for the National Legal Aid & Defender Association (NLADA) to take a look at the state of the public defender system.
We discuss the common issues that public defenders are struggling with, the effect on defendants and what is being done to faciliate the process and put the quality back into public representation.
Lawyer 2 Lawyer Internet Radio Examines the FDA and Big Pharma
This week, the highly publicized case of Wyeth v. Levine came before the United States Supreme Court. The case involves Diana Levine, a musician who lost her arm to gangrene due to an IV push with the drug, Phenergen. Please join me and my fellow Law.com blogger and co-host, Bob Ambrogi, as we welcome Attorney Michael A. Ferrara, Jr. from the Ferrara Law firm and Attorney James Beck from the firm Dechert LLP and blogger for Drug and Device Law Blog, to discuss this big case. We will will look at Wyeth v. Levine, discuss the power of the FDA, federal pre-emption and what the upcoming ruling means for the future of Pharmaceutical companies and the FDA. Just click on the link below and give a listen.
What Is A John Roberts?
Other than the name of our current Supreme Court Chief Justice, the Encyclopaedia of Phrases and Orgins defines it as: "A large jug. In 1886, Sunday closing of public-houses (read: pubs) came into effect in Wales, mainly through the efforts of Mr. John Roberst, M.P. So, and outsized tankard evolved with, it was claimed, would hold sufficient beer to carry thirsty customers over from Saturday night until Monday morning."
Just goes to show you, there's almost always a work-around.
In Bankruptcy, You Must Have It And Bare It All Or Risk Dismissal
MIPTC occasionally finds itself in bankruptcy court, and I must say, this decision will give many consumers and business much to think about before going there. Let me cover the facts.
Marc Caneva owns several businesses, mobile home parks and even an airplane. In too much debt, he chose to file for Chapter 7 dissolution and discharge. While in BK court, he amended his bankruptcy schedules. Essentially, each one was less and less clear.
Finally, his last amendment said his interest in the businesses was unknown. In a courtroom examination of the status of his finances, Caneva admitted that he failed to keep records for his businesses.
To be painfully obvious, you must keep business financial records in order to obtain a discharge in bankruptcy. One of Caneva's creditors objected to the Court's ability to discharge his debts due to his lack of financial records. The Court denied Caneva's request for a discharge based on his lack of records, ruling that the court couldn't tell what to discharge, and he appealed.
The Bankruptcy Code allows discharges, but not if the debtor fails to preserve records "from which the debtor's financial condition or business transactions might be ascertained." Sufficient written evidence, as opposed to absolute completeness, must be presented.
Caneva argued he produced a substantial quantity of documents, but he admitted he did not keep records crucial to determine the extent of Caneva's interest in his businesses. Since his creditors were not able to accurately understand Caneva's financial condition, the court did not have to discharge his debts.
Spin up that computer, and open up an accounting program.