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Best of the Blogs

Thursday, July 29th, 2010
Source: Marquette University Law School Faculty Blog

The first item that caught my eye this week was a little blog our student Priya Barnes is writing as she visits Germany, attending the Summer Session in Giessen, Germany, that Professor Fallone blogged about on Monday.  So far, she’s only offered one entry, about her travels, but I intend to watch for more….

Mark Tushnet (who gave a terrific presentation at Marquette last week, co-sponsored by the student American Constitution Society organization and the local lawyer’s chapter of ACS) raises some interesting questions Republican-sponsored legislation that would require congressional review of proposed “major regulations.” The idea is that agency rules would be transformed into agency proposals, to be okayed by Congress.  For “non-major” proposals, Congressional silence would equal assent, while majority votes of both chambers would be required for adoption of new “major regulations.”  

His first post questioned how this scheme could be reconciled with Chadha, but his second one noted that the statute would have the effect of repealing all agency authority to adopt major rules, converting it to authority to convert rules into proposals.  He suggests there may remain a constitutional problem, because even if...

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Oakland Accident and Workers Comp Attorney – John E. Hill

Thursday, July 29th, 2010
Source: Profiles In Law John E. Hill Oakland accident attorney John Hill has been representing injured individuals in the San Francisco Bay Area for over thirty-five years.  John is certified as a Certified Specialist: Civil Trial Advocate, by the National Board of Trial Advocacy.  John is a member of the Board of Directors of the San Francisco Trial Lawyers [...] Read the rest of the...

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Healthcare Attorney in Jacksonville – Todd Watson

Thursday, July 29th, 2010
Source: Profiles In Law Todd Watson, Attorney at Law, grew up in Florida in the town of Milton. He began working for his father’s business at a young age, which is where he learned what the real value of asset protection was, along with tax planning and the transfer of valuables through estate planning. Today, Todd  Watson operates his [...] Read the rest of the...

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Detroit Harassment Lawyer, Lucetta V. Franco

Thursday, July 29th, 2010
Source: Profiles In Law Detroit Harassment Lawyer, Lucetta V. Franco Associate at the Detroit discrimination law firm:  Sue Ellen Eisenberg & Associates, P.C. Born: Detroit, Michigan, June 7, 1950 Areas of Practice: Disability Rights Family Medical Leave Act Mediation Arbitration Employment Discrimination Harassment Wrongful Termination Employment Contracts Severance Packages Employment Mediation Business Torts Civil Rights Admitted: 1975, Michigan and [...] Read the rest of the...

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WORKPLACE PRIVACY AND TEXT MESSAGES: QUON V. ARCH WIRELESS.

Thursday, July 29th, 2010
Source: Federal Employment Law Articles With motorcycle gangs, a love triangle, and text messages that were, “to say the least, sexually explicit in nature,” in the words of the district court, Quon v. Arch Wireless, Inc. reads more like a cable television police drama than a typical United States Supreme Court decision. The case received significant press not only because of the salacious facts, but also because many expected the Court to determine the scope of workplace privacy in text messages and other electronic communications.


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Health and Human Services’ Proposed Rule to Modify the HIPAA Privacy, Security, and Enforcement Rules.

Thursday, July 29th, 2010
Source: Federal Employment Law Articles On July 14, 2010, the Department of Health and Human Services (HHS) published a Proposed Rule outlining modifications to the Privacy, Security, and Enforcement Rules (HIPAA Rules) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Many of the proposed modifications to the HIPAA Rules are based on requirements imposed by the Health Information Technology for Economic and Clinical Health Act (HITECH Act), enacted on February 17, 2009, as part of the American Recovery and Reinvestment Act, while other modifications are technical corrections to the HIPAA Rules. This legal alert will focus on the more substantive proposed changes related to business associates, the Privacy Rule, the Security Rule, and the Enforcement Rule.


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OFCCP Issues Advance Notice of Proposed Rulemaking Regarding Employment of People with Disabilities.

Thursday, July 29th, 2010
Source: Federal Employment Law Articles We previously outlined how the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) was ramping up enforcement for covered federal contractors and giving heightened scrutiny to issues involving disabled individuals. See our Legal Alert dated March 25, 2010, "OFCCP Update," available on our web site at: http://www.fordharrison.com/shownews.aspx?show=5950. On July 23, 2010, consistent with this renewed emphasis on the disabled, the OFCCP issued an Advanced Notice of Proposed Rulemaking, (ANPRM) available at: http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480b1fd5a, soliciting public input on how to ensure equal employment opportunity for people with disabilities by strengthening the affirmative action requirements of the regulations implementing Section 503 of the Rehabilitation Act of 1973 (Section 503).


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Gulf Coast Residents File Personal Injury Suit Over Oil Dispersant

Thursday, July 29th, 2010
Source: Law.com - Newswire The first personal injury lawsuit involving the chemical dispersant Corexit 9500 has surfaced in Alabama federal court, where two Gulf Coast residents and property owners claim BP has dumped millions of gallons of toxic chemicals into the Gulf of Mexico to disperse and sink crude oil. The plaintiffs allege one method of applying Corexit 9500 -- spraying it from airplanes in the middle of the night -- has caused Gulf Coast residents to suffer breathing and gastrointestinal problems, as well as property damage. Read the rest of the...

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Former Morgan Crucible CEO Found Guilty of Conspiracy to Obstruct Justice

Thursday, July 29th, 2010
Source: Law.com - Newswire Federal prosecutors are hailing the conviction of a former British executive as a signal to corporate leaders to shape up. A federal jury in Philadelphia on Tuesday convicted Ian Norris, the former CEO of The Morgan Crucible Co., of conspiring with others to obstruct justice in a federal investigation of price fixing in the carbon products industry. Norris faces a maximum penalty of five years in prison and a $250,000 fine. Norris battled against extradition to the U.S. for nearly six years. Read the rest of the...

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Judge OKs Law Requiring Pornographers to Keep Age Records

Thursday, July 29th, 2010
Source: Law.com - Newswire A Philadelphia judge has refused to strike down amendments to the federal Child Protection and Obscenity Enforcement Act that require photographers and filmmakers -- professional or amateur -- to keep records verifying the age and identity of anyone depicted in a sexually explicit film or photo. The judge concluded the law was narrowly tailored to combat child pornography and any constitutional challenge should be analyzed under an "intermediate scrutiny" test rather than strict scrutiny because the law is "content-neutral." Read the rest of the...

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Benefits of Collaborative Divorce

Thursday, July 29th, 2010
Source: Lawyers.com Blog

In a traditional divorce, the litigation process is adversary and, often, hostile.  Lawyers often strive to win everything that they can for their clients.  One benefit of a collaborative divorce is that the parties agree to be civil, which often times can eliminate the need for overly aggressive litigation strategies.  Because there is less fighting, less damage is done to the parties and, most importantly, their children.

Another benefit of collaborative divorce is that it is often quicker than a traditional divorce.  Traditional court centered divorce proceedings are generally long and drawn-out.  If handled incorrectly, this process can become exhaustive emotionally and financially.

Learn more about the benefits of collaborative divorce by contacting Orange County based divorce attorney Brian A. Bayati of Bayati Law Group.

Bayati Law Group, P.C.
4695 MacArthur Court, 11th Floor
Newport Beach, CA 92660
Tel: (888) 339-2915
Fax: (949) 798-5701


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7th Circuit Removes Judge in Mid-Trial After Evidence Dispute With US Attorney

Thursday, July 29th, 2010
Source: ABA Journal Top Stories Ruling on an interlocutory appeal by U.S. Attorney Patrick Fitzgerald, a federal appeals court in Chicago not only agreed with the prosecutor that the chief district court judge had erred by excluding fingerprint evidence in a drug case but removed the jurist from the ongoing trial. News of the highly unusual action by a three-judge panel of the 7th U.S. Circuit Court of Appeals, which had not been requested by Fitzgerald in his appeal, stunned court observers, reports the Chicago Tribune. No immediate explanation of the Tuesday ruling to remove Chief U.S. District Judge James Holderman was forthcoming, but the… Read the rest of the...

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