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Law


04:00 pm, ptmaddiganesq
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Small Business Support: 5 Legal Matters That Can Make or Break a Small Business

Small businesses have a lot to worry about… being smart at the outset can save hassle as the business grows.  

jdsupra-biznews:

When you’re running a business, making mistakes is a fact of life. But making legal mistakes – especially when they are avoidable – can mean the difference between the success and failure of your company.

For your reference, a look at five legal areas that could break your business:

1.

(Source: jdsupra-biznews)


09:45 am, ptmaddiganesq
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08:00 am, ptmaddiganesq
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the fourth law of thermodynamics - the attorney-entropy principle - which states that ambitious, intelligent young people who can’t decide what to do for a living decompose into lawyers.
David Owen (The New Yorker)

08:00 am, ptmaddiganesq
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Lawyers & the "Online Presence"

Could this be a 15 blog post series with that title?  Yup. 

But I don’t have the time nor the inclination to do that.  So don’t worry, you can all breath that sigh of relief and instead click the title of this post and read the ABA’s Law Practice Management Section’s Law Practice Today Article.  

Now if you’re like me, most of this stuff is rudimentary.  Have your own URL, or multiple… use a Google Profile to make sure you choose the info that people see early in search results for your name… advertise… use Linkedin… etc…, as I see it these are all basics.  But I’m “plugged in”, and many Attorney’s aren’t, so I thought that this article might be helpful to those of you looking to get more out of your web presence.  If you have questions, find me (use my Google profile for instance!) and I’ll help if I can. 


04:00 pm, ptmaddiganesq
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Civic Duty? Be an Online Juror w/JabberJury

Now here’s a great idea…:

You don’t see why you have to fold underwear, but your gf/bf/hubby/wife says you have to…; or

You like to leave leftovers in the fridge until the last moment of edibility, just in case, but your roommate wants them gone asap…; or

Half of your friends want to go “clubbing” and fist-pumping jersey shore style while the other half want to meet at the local pub, grab a booth, and feed the jukebox until can’t afford another pitcher of PBR… 

Now you can take your dispute to an “online jury of your peers” at a new website called JabberJury.com.

Here’s an excerpt from the ABA article about the site:

Fast Company calls the website “The People’s Court for the Facebook generation,” while a press release dubs it “a true people’s court.” It’s the brainchild of Chicago entrepreneurs Kevin Wielgus and Angelo Rago, who came up with the idea after Rago settled an argument with his girlfriend by asking bar patrons to weigh in. The dispute: Did his girlfriend have a right to be mad when he refused to visit her father in the hospital? (He was suffering from hemorrhoids, not a life-threatening disease.)”

The cases there now aren’t as impressive as my hypotheticals (but then again, what are?) but they’re a start, and you’ll want to weigh in with your 2 cents.

It’s a pretty simple but great idea. “Litigating” parties submit their case via video and members can post comments. Then, litigants and jurors on the winning side of a case get credits called “Jabbies” that can be redeemed for prizes or donated to charity.

These two young entrepreneurs developed the website with $120,000 in cash from their families and $1.2 million in private funding.  Great example of using the law, social media and technology to start a new biz idea. 


08:00 am, ptmaddiganesq
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Lawyers: Write your own content! Beware GhostBlogging

“Law firms should encourage their lawyers to write online content—by creating financial and career advancement incentives, and by making sure the top lawyers lead by example…”

“The whole point of a blog post is that it’s personal and authentic,” he writes. “What is published under your name and your photo must come from you. Avoid ‘ghostblogging’ in the law unless sincerity and trustworthiness aren’t important reputational assets to you.”


06:51 pm, ptmaddiganesq
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New Homestead Act Legislation and Reform

According to the BBA, when the new Homestead Legislation goes into effect in 90 days, on March 16th, 2011, here are some of the things that it will do:  

- Provide automatic protection to any primary residence up to $125,000 in equity in the home
- Clear up ambiguities and make rules for filing a homestead declaration more logical - Protect beneficiaries of trusts

- Clarify that a refinancing mortgage will not be able to terminate previously filed homesteads (this is a big one for those of us in practicing real estate law in Mass)

- Protect proceeds from the sale of a home or insurance  

- Protect spouses and co-owners who transfer property amongst themselves

- Extends homestead protection to manufactured homes

I’m sure we’ll have a post up on the Mass. Real Estate Law Blog soon, and there is already a post on the then prospective changes.   


12:16 pm, ptmaddiganesq
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Senate Passes New Food Safety Regulations

Anyone who has seen Food Inc., or has knowledge of this issue should be very happy with this news.  Essentially this legislation gives the FDA increased powers to regulate and mandate recalls of dangerous food.  This includes the tainted eggs, peanut butter and spinach that sickened thousands, in the past even killed some, and led major food makers to join consumer advocates in demanding stronger government oversight.

From the NY Times Article (link above):

“Despite unusual bipartisan support on Capitol Hill and a strong push from the Obama administration, the bill could still die because there might not be enough time for the usual haggling between the Senate and House of Representatives, which passed its own version last year. Top House Democrats said that they would consider simply passing the Senate version to speed approval.”

Let’s hope this bill, which is far from perfect but takes large steps towards a safer food infrastructure, comes into being soon and alleviates the concerns of many Americans.  


08:00 am, ptmaddiganesq
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SJC needs more tech savvy Clerks/Attys? or IT dept?

I’m just saying… I wouldn’t have let your URL expire.  That’s such a Dallas Cowboys move; this is Patriots country, we’re better than that.  


12:27 pm, ptmaddiganesq
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Only two weeks until Halloween weekend… any law themed costumes out there? 
Who are you going as?!

Only two weeks until Halloween weekend… any law themed costumes out there? 

Who are you going as?!


04:14 pm, ptmaddiganesq
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The labor report says the legal sector will grow faster than the average for all jobs, but it will add the fewest jobs among professional occupations.
ABA Journal. 

02:24 pm, ptmaddiganesq
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Just a heads up faithful Lawesome readers, you shouldn’t be texting while driving anyway, but now you’ll be paying a stiff fine if you do it. 
There was a time where we weren’t married to our phones, when you’re driving, put the damn thing away and people are just going to have to wait until you are parked. 
The punishment is most severe for young drivers. A 1st offense for junior  operators will be a $100 fine, a 60-day license suspension, and  required attendance at a “driver attitudinal retraining course.’’  Subsequent offenses will bring greater penalties.
For adults, a first offense will be a  $35 fine; the fines increase for repeat offenses within 12 months but do  not count against insurance. 
My issue here is, if I’m pulled over, how does the cop know that I’m not just typing in a phone number to call, which as I understand it is not illegal, versus typing out a quick text?  The enforcement of this is going to be interesting as its not like the NY laws where you can’t really be on your phone at all. 

Who has some thoughts on this?

Just a heads up faithful Lawesome readers, you shouldn’t be texting while driving anyway, but now you’ll be paying a stiff fine if you do it. 

There was a time where we weren’t married to our phones, when you’re driving, put the damn thing away and people are just going to have to wait until you are parked. 

The punishment is most severe for young drivers. A 1st offense for junior operators will be a $100 fine, a 60-day license suspension, and required attendance at a “driver attitudinal retraining course.’’ Subsequent offenses will bring greater penalties.

For adults, a first offense will be a $35 fine; the fines increase for repeat offenses within 12 months but do not count against insurance. 

My issue here is, if I’m pulled over, how does the cop know that I’m not just typing in a phone number to call, which as I understand it is not illegal, versus typing out a quick text?  The enforcement of this is going to be interesting as its not like the NY laws where you can’t really be on your phone at all. 

Who has some thoughts on this?


01:36 am, ptmaddiganesq
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Real Life is actually a lot more like high school. The common denominator prevails. Excellence is not always recognized or rewarded. What we watch on our screens, whom we elect, are determined to a large extent by public polls. Looks count. A lot. And unlike the best of the college experience, when ideas and solutions somehow seem attainable if you just get up early, stay up late, try hard enough, and find the right source or method, things on the outside sometimes seem vast and impossible …
Meryl Streep in a commencement speech to the Vassar class of 1983

01:48 pm, ptmaddiganesq
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Great Vitamin Water Ad starring Gary Busey as a “Fantasy Football Attorney-at-Law”… if that type of law and title weren’t also “fantasy”, it would likely have been the career path I would have chosen coming out of law school!