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Saturday, October 6, 2012
Please Refrain from Using My Refrain! Musicians Again Confront Politicians for Unauthorized Use of Songs
Nicole Rizzo Smith, Sunstein, Kann, Murphy & Timbers LLP, discusses the unauthorized use of songs by politicians in our latest IP podcast. Read Ms. Smith's article on this topic at http://bit.ly/zDEV4k.
Final "The Twilight Saga: Breaking Dawn - Part 2" International Poster Revealed
Giving eager fans yet another taste of excitement before the theatrical debut, Summit Entertainment released the final international poster for "The Twilight Saga: Breaking Dawn - Part 2."
The cover photo was revealed to the public on Friday (October 5) while featuring all three of the film franchise's favorites - Kristen Stewart, Robert Pattinson, and Taylor Lautner - with the tagline adding further hype by simply reading, "The epic finale that will live forever."
The worldwide pic follows on the heels of the MPAA's PG-13 rating - assigned due to violent sequences, disturbing images, some sensuality, and partial nudity.
Directed by Bill Condon, "Breaking Dawn - Part 2" is described as follows: "After the birth of Renesmee, the Cullens gather other vampire clans, in order to protect the child from a false allegation that puts the family in front of the Volturi."
The official date big screen premiere is scheduled for November 16, but there will be 10 p.m. screenings available on November 15 for those eager fans lucky enough to nab tickets.
Christina Milian is "Stuffed" After Mr. Chow Date
After a night out on the town, Christina Milian was swarmed by eager fans as she left Mr. Chow’s in Beverly Hills last night (October 4).
The 31-year-old singer socked an all denim ensemble while stepping out of the celebrity hot spot with a mystery man.
After her chow session, Miss Milian tweeted, “This where left of dinner.. Stuffed.. So worth it.”
In related news, the “Dip it Low” performer recently dished about motherhood in an interview with Ebony.
When talking about her work-life balance, Christina said, “I have always been a multitasker, when it comes to my career; I've been an actress, a singer and everything because I love to do what I do.”
“We manage between my team, my management, we find a way for me to be able do everything I love and pursue all my dreams at the same time. As a mom, that's at the forefront of everything in my mind, so I'm always trying to balance. Whether its bringing Violet to work or the second I am done working, getting home to her.”
Source: http://celebrity-gossip.net/christina-milian/christina-milian-stuffed-after-mr-chow-date-738682
Ana Ivanovi Ana Paula Lemes Ananda Lewis Angela Marcello Angelina Jolie
NSSTA’s Leadership
Whether you are a member or just someone interested in structures, National Structured Settlement Trade Association (NSSTA) is the voice of the industry. Ringler Radio host, Larry Cohen joins colleagues, Randy Dyer, the current President of NSSTA and John Machir, President‑elect of NSSTA, to talk about the bigger issues that are facing the structured settlement industry today and some of the leading items on their agenda for 2012.
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/09/nsstas-leadership/
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Paralegals & Process Servers
Usually a law firm will hand off documents to a process server who will then take care of service. Locating a process server who will do this promptly and ethically is very important. On this edition of The Paralegal Voice, co-host Vicki Voisin joins Adam Camras, co-founder and CEO of LAWgical which operates ServeNow.com. Adam provides tips for locating a reputable process server, red flags paralegals should look for, and the questions they should ask of a process server before making a hiring decision.
Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2011/12/paralegals-process-servers/
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Lady Gaga Explains Why Kendrick Lamar Track Was Canned
'Partynauseous' didn't make the cut for good kid, m.A.A.d city, but Gaga says there's a good reason why.
By Jocelyn Vena
Lady Gaga
Photo: ChinaFotoPress/ Getty Images
Source:
http://www.mtv.com/news/articles/1695019/lady-gaga-kendrick-lamar-track.jhtml
Chloë Sevigny Christina Aguilera Christina Applegate Christina DaRe Christina Milian
NYC Screening with Marie Claire
There was a screening in New York last night hosted by Marie Claire magazine. Here I am:
Milly Jacket, Theory blouse, J Brand jeans, Chloe shoes, Kate Spade earrings, and the handbag was a gift from my friend Caprice!
Source: http://www.prettyinthecity.com/blog/2011/9/28/nyc-screening-with-marie-claire.html
Dania Ramirez Danica Patrick Daniella Alonso Danneel Harris Deanna Russo
Becker & Poliakoff's mergers bring something old, new
With its acquisition of two law firms in one week, Becker & Poliakoff hopes to bolster its core business while paving the way for practice diversification.
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202573821531&rss=rss_nlj
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Please Refrain from Using My Refrain! Musicians Again Confront Politicians for Unauthorized Use of Songs
Nicole Rizzo Smith, Sunstein, Kann, Murphy & Timbers LLP, discusses the unauthorized use of songs by politicians in our latest IP podcast. Read Ms. Smith's article on this topic at http://bit.ly/zDEV4k.
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Matt Bomer Bends Over Christian Grey Competition, Shows Them Who's On The Top
Sorry, ASkars! Tough luck, Joe Man! Foiled again, Danny Glover!
The people have spoken, and they want need Matt Bomer to play notorious bedroom master Christian Grey!
As the E.L. James' infamous book enters the early stages of pre-pre-pre-production, the internet in all of its infinite glory demands to have a say in the casting decisions!
Sure, a few are holding out for Ian Somerhalder but a wide array of internet polls all have 50 Shades of Grey fans coming to a near consensus in their love for the marvelous Matty B!
WE LOVE IT!!
And just in time for the new line of official sex toys, too! LOLz!!
We wonder if they'll start marketing ball-gags with Mister Bomer's portrait?
[Image via WENN.]
Source: http://perezhilton.com/2012-10-06-matt-bomer-50-shades-of-grey-leading-polls-christian-grey-yummy
Friday Scandals
Anna Kendrick Shines in Yellow [The Frisky]
Justin Timberlake Dishes on Jessica Biel [HollyWire]
Paula Deen Curses Like a Sailor? [Right Celebrity]
‘The Price Is Right’ Finds Its First Male Model [The Celebrity Cafe]
Lady Gaga Goes Topless for Donatella Versace [The Blemish]
Pink Talks Sexuality [The Huffington Post]
Scott Speedman Returns to TV [Girls Talkin Smack]
Bradley Cooper Snubs Dita Von Teese [Radar Online]
Green Day Covers Nylon Magazine [Daily Stab]
Liam Neeson is Well Endowed? [Anything Hollywood]
Friday Scandals Stupid Celebrities Gossip Stupid Celebrities Gossip News
Source: http://stupidcelebrities.net/2012/10/friday-scandals/
Ashley Greene Ashley Olsen Ashley Scott Ashley Tappin Ashley Tisdale
Civility as an Art Form in Diplomacy and the Law
Civility is a skill in the management of differences, disagreements and conflict and is good for the law profession. So how essential is civility to the legal profession? And is it practiced well by lawyers? Lawyer2Lawyer hosts Bob Ambrogi and Craig Williams join Dick A. Semerdjian from the firm Schwartz Semerdjian Ballard & Cauley LLP and chair of the ABA Tort Trial and Insurance Practice Section (TIPS), to discuss the status of civility in the legal profession.
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'Taken 2' Star Liam Neeson Was 'Wary' Of Sequel
'I was very wary,' Neeson tells MTV News about his initial reluctance to sign onto the action thriller sequel.
By Josh Wigler, with reporting by Josh Horowitz
Liam Neeson
Photo: MTV News
Source:
http://www.mtv.com/news/articles/1695028/liam-neeson-taken-2.jhtml
Gina Philips Gisele Bündchen Giuliana DePandi Giulianna Ramirez Grace Park
Domestic Abuse Victims Get Chance At Freedom
Women in California prisons for killing their abusive partners may get a chance at freedom. Gov. Jerry Brown recently signed a bill that allows new evidence to be considered in decades-old cases.
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LawBiz® Legal Pad: Playing Both Sides
Commentary about when and how a lawyer can represent both defense clients and plaintiff clients on the same issue.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/y0fsJr3GCcA/
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Ukraine president applauds cancelation of proposed libel bill
[JURIST] Ukrainian President Viktor Yanukovych [official website, in Ukrainian] on Tuesday praised [press release, in Ukrainian] the rejection of a proposed law that would have established harsh penalties for reporters who spread libel. The bill, which passed on its first reading, would have established fines and other punishments, including prison and correctional labor sentences, for spreading false information about another person. After being heavily protested [Kyiv Post report] by Ukrainian journalists and criticized by the international community, the Verkhovna Rada,...
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Zac Efron on Being Single: "Dating Is Kind of Hard"
Zac Efron might be one of Hollywood's most eligible bachelors, but that doesn't mean he thinks dating is easy.
Friday, October 5, 2012
Is 'Taken 2' The End For Liam Neeson?
'I couldn't envisage a storyline that would warrant a sequel,' Neeson tells MTV News about making a third movie in the 'Taken' series.
By Josh Wigler, with reporting by Josh Horowitz
Liam Neeson in "Taken 2"
Photo: Twentieth Century Fox Film Corporation
Source:
http://www.mtv.com/news/articles/1694880/taken-2-liam-neeson.jhtml
Gabrielle Union Garcelle Beauvais Genelle Frenoy Georgianna Robertson Georgina Grenville
Wisconsin public employee collective bargaining statute amendments declared unconstitutional
A teachers' union sought declarative and injunctive relief against the governor, claiming that statutory amendments dealing with municipal employees' collective bargaining rights and payroll deductions of dues and pension contributions were unconstitutional.
The trial court declared the statute unconstitutional. Madison Teachers v. Walker (Wisconsin Circuit Ct 09/14/2012)
(1) Certain portions of the statute violated the free speech clauses of the Wisconsin and US constitutions. Although there is no constitutional right to collective bargaining, the statute imposes burdens on the speech and associational rights of employees represented by unions which burdens are not imposed on other employees. They cannot negotiate wage increases greater than the cost of living, they cannot pay dues by payroll deductions solely because the dues go to labor organizations. A ban on fair share agreements means that union members bear the cost of bargaining for non-members who receive the befits of bargaining. Requiring unions to be recertified annually burdens members with the full costs of the election.
(2) The trial court applied strict scrutiny to the equal protection claims because of the infringement on speech rights. The statute creates two classes of employees (represented and non-represented), and the defendants "offer no defense of the statute that would survive strict scrutiny."
(3) Certain portions of the statute violated the Wisconsin constitution's home rule amendment, violated the constitutional bar on impairment of contracts, and deprived employees of property without due process.
Source: http://www.lawmemo.com/blog/2012/09/wisconsin_publi.html
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Anna Kendrick Is Into Some Pretty Hardcore Stuff In After Hours
There are some things you should know about Anna Kendrick, things that have nothing to do with the fact that her new film, "Pitch Perfect," expands to wider release today. Dark things.
Fair warning: There's hammer violence.
In the newest episode of After Hours, Kendrick and MTV News' Josh Horowitz explore that darker side of the seemingly non-homicidal actress.
But things are not always as they appear.
Christina Ricci Chyler Leigh Ciara Cindy Crawford Cindy Taylor
Shareholder Activism
In this BU Law podcast, host David Yas, a BU Law alum, former publisher of Massachusetts Lawyers Weekly and a V.P. at Bernstein Global Wealth, welcomes David H. Webber, associate professor of law at BU Law, to talk about his interesting research in the area of shareholder activism and his paper "The Plight of the Individual Investor in Securities Class Actions," which will soon be published in the Northwestern University Law Review. Together they look at the forces that are driving shareholder activism, the Private Securities Litigation Reform Act, corporate governance reform and how to remedy conflicts between institutional and individual investors in class actions.
Source: http://legaltalknetwork.com/podcasts/boston-university-school-of-law/2012/04/shareholder-activism/
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Ethical Obligations within E-Discovery
On The ESI Report, host Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack welcomes special guest, Judge Lisa Margaret Smith, from the Southern District of New York, to take a look at ethical obligations within the field e-discovery. In addition, on the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Elliot Westman, takes a glimpse at e-discovery frameworks adopted in 2011 in the state of Utah and the Federal District of Delaware.
Source: http://legaltalknetwork.com/podcasts/esi-report/2012/03/ethical-obligations-within-e-discovery/
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'Breaking Dawn - Part 2' Soundtrack Track List Revealed!
Green Day, Christina Perri and Nikki Reed and husband Paul McDonald all featured on latest 'Twilight' album, out November 13.
By Jocelyn Vena
Billie Joe Armstrong of Green Day
Photo: Redferns
Source:
http://www.mtv.com/news/articles/1694987/breaking-dawn-part-2-soundtrack-green-day.jhtml
Pharma sales reps are FLSA exempt as outside salesmen (5-4)
This morning the US Supreme Court decided - on a 5-4 vote - that pharmaceutical sales representatives are "outside salesmen" and therefore exempt from overtime under the Fair Labor Standards Act. The Court also unanimously held that the Department of Labor's recently-announced contrary interpretation was entitled to exactly zero deference.
Christopher v. SmithKline Beacham (US Supreme Ct 06/18/2012)
Christopher, a pharmaceutical sales representative, sued the employer for violation of the Fair Labor Standards Act (FLSA) alleging failure to pay overtime. The trial court granted the employer's motion for summary judgment and denied Christopher's motion to amend the judgment based on the trial court's failure to consider an amicus brief filed by the Secretary of the Department of Labor (DOL). The 9th Circuit affirmed. The US Supreme Court affirmed (5-4).
The job of a pharmaceutical sales representative is to try to persuade physicians to write prescriptions for products in appropriate cases. For over 70 years DOL acquiesced in an interpretation that they were "outside salesmen" who are exempt from FLSA overtime requirements. In amicus briefs filed in Circuit courts DOL took the position that a "sale" requires a "consummated transaction." In Supreme Court briefing DOL's position was that there is no "sale" unless the employee "actually transfers title."
The Court said that the DOL's new interpretation is entitled to no deference at all because it would impose massive liability for conduct that occurred before the interpretation was announced, there had been no enforcement actions suggesting the industry was acting unlawfully, DOL gave no opportunity for public comment, and the interpretation is "flatly inconsistent" with the FLSA.
The FLSA definition of "sale" includes consignments, which do not involve a transfer of title. Although DOL regulations say that sales include the transfer of title, that does not mean a sale must include a transfer of title. The regulations also use the phrase "other disposition" which - in this unique regulatory environment - includes the work of pharmaceutical sales representatives. The representatives also bear all the exterior indicia of salesmen (average salaries exceeding $70,000, work that is difficult to standardize to a particular time frame, etc.)
The DISSENT reasoned that sales of drugs are made by pharmacists, not pharmaceutical sales representatives. The pharmaceutical sales representative neither make sales nor promote "their own sales." (The dissent agreed that the DOL's current views expressed in briefs are not entitled to any weight.)
Source: http://www.lawmemo.com/blog/2012/06/pharma_sales_re.html
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'E.T.' Blu-Ray EXCLUSIVE Clip: Steven Spielberg and John Williams Sing The Score
For those of us who first learned to love aliens via Steven Spielberg's classic movie "E.T. The Extra-Terrestrial," there are so many unforgettable scenes, sights and sounds that you'd be hard-pressed to pick just one favorite element. From the flying bicycles to the Reese's Pieces, to "Ouuuuch," to John Williams' sweeping supernatural score supporting it all.
If you need a refresher as to why the iconic, heartwarming film earned a lasting place in cinematic history it arrives on Blu-ray for the first time ever on October 9 in celebration of its 30th anniversary, but right now MTV News is happy to present you with the following exclusive clip from the bonus feature "The E.T. Journals," which shows Spielberg and Williams working on (and singing!) the score together during post-production.
In the clip we see a 30-years-younger Spielberg and Williams sitting at the composer's piano (Williams is seated, playing various versions of the "E.T. Theme," while Spielberg is standing at his side) in what we can assume to be Williams' studio with the movie playing in the background on a projector. The two have a playful back-and-forth discussion about when the theme should come into a scene and we watch them watching the movie on playback in order to pinpoint the perfect moment for the music to sweep us off our feet.
"I like that," Spielberg says to Williams after he plays a few bars of the score over the scene. "As a matter of fact it seems like a very natural transition into the loneliness and out of the tenderness."
"The thing is, where do we shift from the call to the theme?" Williams asks. "Is it when he smiles or touches the face? It could be anything."
"That's a wonderful question and your choices are as many frames long as the sequence," says Spielberg.
If you are a score nerd like this writer, watching Spielberg and Williams figure out when to bring in certain notes and themes is like discovering buried treasure. And the way the speak to one another, with the utmost respect and appreciation is even better - not to mention the fact that the end of the clip features both Spielberg and Williams humming/singing parts of the score together. It is almost too delightful for words.
Check out "The E.T. Journals" in full, along with many more bonus features and behind-the-scenes looks back at making the movie next week when "E.T." arrives on Blu-ray.
Source: http://moviesblog.mtv.com/2012/10/05/et-blu-ray-john-williams-steven-spielberg/
'Taken 2': The Reviews Are In!
A solid performance by Liam Neeson does not elevate the film beyond your standard-issue sequel, critics say.
By Amy Wilkinson
Liam Neeson in "Taken 2"
Photo: Fox
Source:
http://www.mtv.com/news/articles/1694931/taken-2-reviews-liam-neeson.jhtml
In-Vitro Fertilization, Custody Rights and Family Law
A Massachusetts court orders a man to pay child support for twin girls, born through In-vitro fertilization and with donor sperm and eggs, even though he was estranged from his wife at the time of conception. Is this fair? With the rise in IVF treatments, there are more and more cases across the country with complicated custody matters. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams join Attorney Maureen McBrien from the firm, Todd & Weld LLP and Certified Family Law Specialist and trial attorney Violet P. Woodhouse, to explore the legal issues surrounding in-vitro fertilization, custody rights and family law.
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Another circuit rules against asylum for husbands of forced-abortion victims
A seventh federal appeals court has ruled that men married to women victimized by China's forced abortion policies are not automatically eligible for asylum.
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202573786572&rss=rss_nlj
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Cheryl Cole: Grafton Lounge Gal
Kicking off her weekend a bit early, Cheryl Cole showed up at The Grafton Lounge in Dublin, Ireland after her concert last night (October 4).
The “Call My Name” singer looked funky with her new corn row hairdo teamed with a pair of leather knee high boots and a maroon tank dress.
And though Cheryl’s boyfriend Tre Holloway injured his knee and had to pull out of last night’s gig, he still showed up to keep her company during the post-show festivities.
Cole explained the injury- “He did it on the trampoline. The one I TOLD him not to bounce on. He can learn.”
Source: http://celebrity-gossip.net/cheryl-cole/cheryl-cole-grafton-lounge-gal-738408
Adriana Lima Adrianne Curry Adrianne Palicki Aisha Tyler Aki Ross
ELECTRONIC DISCOVERY: Study to rate computer-aided document review
Electronic Discovery Institute's goal is to evaluate multiple human and technology-assisted systems.
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202570525282&rss=rss_nlj
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Hulk Hogan Sex Tape Leaks Onto The Internet! (Video Link)
Hulk Hogan Sex Tape Leaks Onto The Internet! (Video Link)
Hulk Hogan, whose real name is Terry Bollea, has a sex tape that has just been leaked!
The former pro wrestler is shown in a grainy, black and white video having sex with a woman believed to be the ex-wife of his friend, radio DJ Bubba the Love Sponge.
A burned DVD copy of Hulk having sex with Heather Clem was given to the website Gawker for free.
The XXX video begins with Hogan going down on the woman while she is lying on her bed. A man’s voice can be heard from inside the room off-camera and both Hulk and the woman talk with the man.
“You guys do your thing,” the man says. “I’ll be in the office if you need me.”
This may sound crazy but Bubba the Love Sponge and Heather reportedly enjoyed threesomes and foursomes during their marriage.
Hogan gets naked and is ready to get down to business when the phone rings. The former wrestler believes the call could be from his son Nick but he checks the number and replies, “F**k no”. Maybe it was his wife at the time, Linda Hogan?
The woman tries to get him back into the mood by giving him a little love with her mouth.
Hogan gets ready and asks, “You got a rubber? I want you to climb on top of me”.
Heather begins talking dirty to Hulk and he finally grunts and is finished.
“Oh my god,” he said after the ordeal. “Can’t believe I have to drive back home. F**k”.
One interesting thing to note is that Hulk Hogan was the best man at the wedding of Heather Clem (who is believed to be the woman in the tape) and Bubba the Love Sponge in January 2007.
Not surprisingly, Heather and Bubba split in 2010 and their divorce was finalized earlier this year.
Of course we can’t show you Hulk Hogan doing the dirty but here’s a link to the NSFW sex tape.
Click thumbnails for larger pictures
Images: wenn.com/news
Hulk Hogan Sex Tape Leaks Onto The Internet! (Video Link) Stupid Celebrities Gossip Stupid Celebrities Gossip News
Source: http://stupidcelebrities.net/2012/10/hulk-hogan-sex-tape-leaks-onto-the-internet-video-link/
Wine Connoisseur's Fraud Suit Doesn't Age Well, Circuit Says
The statute of limitations bars billionaire wine aficionado William Koch from collecting damages from Christie's auction house for allegedly touting bottles of wine as coming from the cellars of Thomas Jefferson, the Second Circuit ruled Thursday. "For wine, timing is critical," the panel stated. "The same is true of causes of action."
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“Stoker” International Trailer Hits the Web: Watch Now!
Adding fuel to the fire of anticipation surrounding “Stoker,” FOX Searchlight Pictures has just released a new international trailer.
The latest clip gives moviegoers an inside look at the twisted plotline of Park Chan-wook’s forthcoming thriller.
And with a cast that includes Nicole Kidman, Mia Wasikowska, Matthew Good, and Dermot Mulroney, fans can’t wait for the March 1st, 2013 release date.
Per the synopsis, “After India's (Wasikowska's) father dies in an auto accident, her Uncle Charlie (Goode), who she never knew existed, comes to live with her and her emotionally unstable mother (Kidman). Soon after his arrival, she comes to suspect this mysterious, charming man has ulterior motives, but instead of feeling outrage or horror, this friendless girl becomes increasingly infatuated with him.”
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Best Billable Hour Practices for Paralegals
Are you looking for answers when it comes to billable hour practices? Paralegal Voice co-hosts Lynne DeVenny and Vicki Voisin join Jennifer Karns, Legal Professional Training Manager for Snell & Wilmer L.L.P., as they discuss billable hour practices. Jennifer emphasizes the importance of meeting billable hour goals and adding value to time entries. She also shares essential tips for improving your billing descriptions and capabilities.
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Machine Gun Kelly, Ryan Leslie Urge Young Voters To Think Local
'On a very local and individual and personal level, there's a lot that can be done to start rebuilding this nation,' Leslie tells 'RapFix Live.'
By Rob Markman
Machine Gun Kelly on "RapFix Live"
Photo: MTV News
Source:
http://www.mtv.com/news/articles/1694980/machine-gun-kelly-ryan-leslie-elections.jhtml
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Thursday, October 4, 2012
Watch Now: Every Movie Star Ever Is In The NSFW ‘Movie 43′ Red Band Trailer
Emma Stone. Kate Winslet. Hugh Jackman. Halle Berry. Naomi Watts. Richard Gere. Gerard Butler as a leprechaun. Elizabeth Banks. Kate Bosworth with two-toned eyes. Terrence Howard. Chloë Grace Moretz. Anna Faris. And practically every other movie star ever. In Movie 43. Okay, so for ages and ages I’ve been hearing about this untitled Farrelly Brothers [...]
Busy Philipps Cameron Diaz Cameron Richardson Camilla Belle Carla Campbell
Sign Here
There isn't a doctor's office in the nation that doesn't hand patients a stack of papers to complete before they see the doc. And we dutifully fill them out because, well, we just don't care that much about the forms and expect them to be the typical bureaucratic nonsense that ones must endure before getting to the point of the visit. Everybody knows we do this, including the Sarasota County Sheriff's Office.
And that gave them an idea.
Like many law enforcement agencies, prescription drug abuse was a problem in need of a solution, and rather than go through the onerous burden of awaiting people to engage in crime, it dawned on them that they could just sneak in through the back door of the physician's office and slip in another seemingly innocuous form, a blob of mumbo-jumbo and was essentially guaranteed no one would ever read, and get it signed.
About midway down the form, it makes clear that it authorizes the physician to release otherwise confidential medical information to law enforcement if the physician believes that a crime has occurred. But who is going to read that far? And even if they did, most patients would anticipate that the inclusion of the form along with the others was required before they would get to see the doc.
For the most part, it never occurs to patients that they do not have to answer or sign a form just because someone told them to. As much as we talk about freedom, we're a remarkably compliant society, disinclined to refuse much of anything that appears even remotely official or required.
Armed with this notion, the Sarasota Sheriff decided that physicians should be part of his team. On the bright side, the doc's weren't inclined to sell out their patients quite that easily.
According to the Sheriff's Department assistant general counsel, Patrick Duggan, and Sgt. Debra Kaspar, who runs the sheriff's Pharmaceutical Diversion Unit, they were "constantly" getting calls from physicians who wanted to rat out their patients, but feared legal consequences of violation of privilege. They were just trying to help the poor, concerned docs.
Under the Sarasota ordinance, anyone writing more than 20 prescriptions for pain medication a month has to register as a pain clinic.
Clearly, the objective is to circumvent privacy and constitutional rights, as no one who is engaged in obtaining pain medication for illegal purposes would knowingly waive their rights. At the same time, it's not as if the form doesn't say what it does, even if it's less than clear about who prepared the form and the purpose for which a patient is being asked to sign. But hey, every patient has the opportunity to read it before signing. Is it the cops' fault someone doesn't? We're presumed to know what we sign, and if we sign without reading, who do we have to blame but ourselves?
The lesson is pretty clear. Read the forms and exercise your right to refuse to sign any form or fill in any blank that doesn't serve a medically necessary purpose. And it's likely a good idea to seek treatment from a medical practice owned by a physician rather than a guy more concerned with protecting his own license or playing junior G-man.
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And that gave them an idea.
Like many law enforcement agencies, prescription drug abuse was a problem in need of a solution, and rather than go through the onerous burden of awaiting people to engage in crime, it dawned on them that they could just sneak in through the back door of the physician's office and slip in another seemingly innocuous form, a blob of mumbo-jumbo and was essentially guaranteed no one would ever read, and get it signed.
About midway down the form, it makes clear that it authorizes the physician to release otherwise confidential medical information to law enforcement if the physician believes that a crime has occurred. But who is going to read that far? And even if they did, most patients would anticipate that the inclusion of the form along with the others was required before they would get to see the doc.
For the most part, it never occurs to patients that they do not have to answer or sign a form just because someone told them to. As much as we talk about freedom, we're a remarkably compliant society, disinclined to refuse much of anything that appears even remotely official or required.
Armed with this notion, the Sarasota Sheriff decided that physicians should be part of his team. On the bright side, the doc's weren't inclined to sell out their patients quite that easily.
Sly indeed, as Adams described this as an "end run around the search warrant requirements." Whether sneaking an authorization into a pile of papers for the purpose of obtaining a waiver from a patient who had no clue what he was signing or why is about as sneaky and manipulative as it gets, the question remains whether it would be valid. After all, is this a knowing, intelligent and voluntary waiver?The medical information waivers — which did not carry any indication that they were written by a law enforcement agency — were handed out last year to about 30 local pain doctors, who were asked to have patients sign them. But the measure never gained traction with doctors, and, so far, none has submitted a form signed by a patient.
Moreover, the move has drawn sharp criticism from some in the Sarasota County medical community and from defense lawyers who call it a sly way to violate a patient's constitutional privacy rights and protections under the federal Health Insurance Portability and Accountability Act, the so-called HIPPA [sic] law.
Normally, police would have to apply for a search warrant or obtain a subpoena for the records, said Assistant Public Defender Mark Adams.
According to the Sheriff's Department assistant general counsel, Patrick Duggan, and Sgt. Debra Kaspar, who runs the sheriff's Pharmaceutical Diversion Unit, they were "constantly" getting calls from physicians who wanted to rat out their patients, but feared legal consequences of violation of privilege. They were just trying to help the poor, concerned docs.
Maybe they were exaggerating just a wee bit about the physicians' desire to play junior deputy? However, not all pain clinics are owned by physicians.“We want to make good cases. We don't want anyone's rights violated,” Duggan said. “We drafted the form to give the doctors a mechanism to contact us. It was really designed more as a safeguard to protect people's rights than anything else.”
Kaspar and Duggan have no explanation for why doctors are not turning in any waivers.
Paul Sloan, who is not a doctor and has owned two pain clinics in Sarasota County since 2007, wrote much of the county's [absurdly stringent] pain clinic ordinance. Sloan is blunt about what he will do to a patient suspected of breaking the law.
“All my patients sign a contract — and they have since day one — the most comprehensive contract ever seen,” Sloan said. “It does state they are waiving their rights if we are approached by an investigator, that we'll turn over information to the sheriff's office."
Under the Sarasota ordinance, anyone writing more than 20 prescriptions for pain medication a month has to register as a pain clinic.
Clearly, the objective is to circumvent privacy and constitutional rights, as no one who is engaged in obtaining pain medication for illegal purposes would knowingly waive their rights. At the same time, it's not as if the form doesn't say what it does, even if it's less than clear about who prepared the form and the purpose for which a patient is being asked to sign. But hey, every patient has the opportunity to read it before signing. Is it the cops' fault someone doesn't? We're presumed to know what we sign, and if we sign without reading, who do we have to blame but ourselves?
The lesson is pretty clear. Read the forms and exercise your right to refuse to sign any form or fill in any blank that doesn't serve a medically necessary purpose. And it's likely a good idea to seek treatment from a medical practice owned by a physician rather than a guy more concerned with protecting his own license or playing junior G-man.
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Source: http://blog.simplejustice.us/2012/10/04/sign-here.aspx?ref=rss
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Curb Your Enthusiasm (Update)
In yet another excellent post. Eric Mayer at the Unwashed Advocate explains why he'll pass on a young lawyer who is sniffing for a job.
© 2012 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.
“You know, Eric, I’m really passionate about defending soldiers.”
I smiled and made attempts at keeping the conversation light. Though I left with the feeling that he hoped that a seed was planted for future cultivation.
The fact is, I’d never hire him. Ever.
"Ever" is a very long time. What could have caused such a reaction?
So, why won’t I hire him? He’s passionate. I don’t have time to deal with that crap. But, but, but...isn't "passion" the word that crops up everywhere these days? Aren't we told by legal marketers and social media gurus that the key to success is to be passionate? Isn't the sage advice to follow your passion?
I talk to passionate people all the time. Some are clients. Some are potential clients. Many are family members–moms, dads, wives, brothers, sisters, and mistresses. Others are third-party advocates (victim, veteran, and the like). They are passionate. Often very, very passionate. They know what they know and believe what they believe. They become flustered and angry at the thought that someone could believe otherwise. When I explain that the opposing side has a logical and (generally) accepted reason for a particular stance, I’m met with the same high-powered anger and frustration. They blurt, “How can they possibly think that?! How can you say those jerks have solid and compelling evidence?!” Passion isn't just the rage these days, but a dangerously misguided perspective. It goes by other names, zealot, true believer for example, but it's all the same thing. Lawyers who have confused their purpose with that of their clients.
The characterization of passionate has become increasingly pervasive, mostly because lawyers think it sells. Clients like to think their lawyers "feel" exactly as they do, are as outraged at the injustice of it all and as utterly devoted to their self-serving perception of "justice." The axiom is "justice is blind," and they believe their lawyer should be as well.
Sadly, the blawgosphere has fed this misguided view. It's congealed the sides into teams of like-minded cheerleaders, who whip each other into a fervor through hyperbole and validation. If this were merely to bolster the fortitude of lawyers who rationalized away their responsibility to zealously represent their clients, this would be a wonderful thing. But that's not what we're talking about. It's about proclaiming that our side is the side of good and the other side is the side of evil. We're right. They're wrong. No matter what they say, they are liars and we speak truth, for we are the side of truth and justice.
It gets worse. There are lawyers who post rants directed toward the ignorant and angry, feeding them what they want to hear and in return receiving the adoration of their fans. The problem is that these dialectics are remarkably unpersuasive, often dead wrong, and guaranteed to make any reader worse for having read it.
It's easy to mount an argument when there is no one to argue against you, pointing out every inch of the way the error of your reasoning or the failure of your foundation. But that's not how it works in court, and that's not how lawyers function. We aren't pundits, pontificating in the comfort of our easy chair with only sycophants around us. We face prosecutors, judges and juries, and they get to both contradict our positions and determine whether we're out of our minds. And they do.
Whenever someone tells me they're "passionate," I have the same reaction Eric does. It tells me that they prefer to shut their eyes as tight as possible and sing "lalalala" at the top of their lungs whenever the arguments against them are made. They believe. They believe too much. They can't grasp that their belief isn't shared by everyone, which makes everyone else either wrong or crazy. And they can't understand why they lose.
Feeling passion makes a person think they are flawless, and they see the other side as obviously and irreparably flawed. How dare someone think otherwise. As lawyers, we are hired to analyze everything dispassionately, call it as we see it, and make the most of whatever hand we are dealt. If we are passionate, we fail at all three. The last thing we should do is practice in an area where we feel passion. As a person, I can be plenty passionate. As a lawyer, I cannot. As a lawyer, my duty is to be effective in providing my client with the best possible outcome, regardless of any "passion" I may feel.
You see, priests "believe," people "feel," but lawyers "think."
Keep your passion. I'm with Eric. I'll stick with effective. Update: Some of the comments to this post made me think of this, so I had to add it in:My experience tells me that passion usually results in one of two things: poor legal reasoning or unintended pregnancies.
Proud of his scars and the battles he's lost...
To paraphrase Patton, the object isn't to die for your cause but to make the other poor bastard die for his.
Check our Jeff Gamso's post on this, where he offers a great perspective.
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Source: http://blog.simplejustice.us/2012/09/24/curb-your-enthusiasm.aspx?ref=rss
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Justin Timberlake Opens Up About Jessica Biel and Marriage
With wedding bells imminent, Justin Timberlake has opened up about his fiancée Jessica Biel in a rare discussion of his personal life at a press conference with the Hollywood Foreign Press.
While promoting his new movie, "Trouble with the Curve," the 31-year-old actor-singer was asked about his future wife. He gushed, " "She's a really, really, really special person. Plus, she's really, really, hot!"
So how did the superstar romance begin? JT explained, "There was nothing starry about the way we got together. It was very un-Hollywood-esque, in fact. We met and got talking. Afterwards I asked my friend if I could call her and ask her out. My friend called Jessica and Jessica said yes, and so I called her."
The old-souled pop star continued, "I did it the old fashioned way -- by telephone. That's something I learned from both my stepdad and my grandfather -- that there is a thing called chivalry and it doesn't have to die with the birth of the internet. The way I see it, if you're asking a girl out on a date, it's only right to do it in a way that she can hear your voice. I had to be pretty persistent in order to get her to say yes. But I have a fair amount of tenacity and if I want something I stick to it. And in the end she agreed."
Though this is the first marriage for both stars, the former boy-bander has thought a lot about how to make their marriage successful. He stated, "I think it's important to remember that you go into something like marriage knowing that you don't know very much about it at all. But I do look at the marriage of my mother and stepdad, and what makes it work for them is that it's a team effort. My mother is a ball of fire in the world and I love that about her. But what I have learned from my stepdad is something as important, which is patience and compassion. Because when you are living with someone else, those two qualities go a long way."
How Pro Bono can be a market strategy for Solos and Law Students
Solos and Law Students-have you considered Pro Bono as an investment? It can expand your client base and knowledge, open doors for employment and networking, and enrich your standing in the community. New Solo host, Attorney Kyle R. Guelcher, a solo practitioner and the most recent Chair of the Young Lawyers Division of the Massachusetts Bar Association discusses with Attorney Luz Herrera, Assistant Professor of Law at the Thomas Jefferson School of Law in San Diego, California how she used Pro Bono to build her practice and strengthen her community.
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Snooki Goes Make-Up Free in Twitter Pic
In a rare glimpse of a "Jersey Shore" gal without full make-up, Nicole "Snooki" Polizzi posted a photo of herself on her Twitter account with the comment, "Legit loungin in pjs & no makeup. I feel good."
The rare picture shows the happy mommy sitting on the couch and smiling at the camera, looking fresh faced and happy. She even looked a few shades paler without her signature spray tan.
Later, the 24-year-old shared a photo of her and baby Lorenzo snuggled up against her chest. She captioned it, "Cuddlin with my dream boy." Sparkling in the corner of the photo is her engagement ring from fiancée Jionni LaValle, who is also the father of her little boy.
In between her busy reality schedule and newborn mama duties, she's kept an eye on her fitness and even politics! Yesterday (October 3), Snooks posted a snapshot of her lying in front of the television, which was showing the Presidential debate. She tweeted, "Crunches & debate!"
Source: http://celebrity-gossip.net/nicole-polizzi/snooki-goes-make-free-twitter-pic-738157
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Sarah Jessica Parker Covers ‘Elle’ Magazine’s ‘Women In Hollywood’ Issue
Sarah Jessica Parker is featured on the cover and in the pages of the new issue of Elle magazine, devoted to the Women In Hollywood. SJP is featured alongside other actresses like Octavia Spencer, Elle Fanning, Emma Watson and more. Each actress is asked to comment on their role as a woman in Hollywood and, [...]
Just A Three Year Vacation
In 2009, Sarasota Police Officer Chris Childers got caught. A video in the jail "sallyport" told the story of how his handling of then 21-year-old Juan Perez, drunk, was less than fitting. The Herald-Tribune described the video at the time:
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The tape shows Officer Christopher Childers pull a squad car into the jail's sallyport area with Juan G. Perez, 21, with his hands handcuffed behind him in the back seat about 8 p.m. on June 26. Childers remains in the front seat as Perez shimmies out the squad car's open back window and falls face-first onto the pavement, the video shows. The officer walks around the car and stands by Perez.
Minutes later, as Perez is trying to stand up, Childers apparently kicks him in the chest, then kicks him again. Perez falls back to the ground and Childers stands with his foot on Perez for five minutes. While Childers stands with his foot on the inmate's torso, two other law enforcement officers walk over to see what is going on and then go about their business.
Childers and another officer later pull Perez up and take him into the jail. He is brought back to the squad car, staggering but on his feet. Perez was driven to the hospital, where police said his blood-alcohol content tested at almost three times the legal limit.
This conduct got Childers fired from the police force. The usual reaction to gratuitous abuse by cops didn't happen here. No whitewash. No hiding behind "we're investigating" until the ill-winds blow past. No vague explanations to justify the unjustifiable. No bull.
Childers, a nine-year veteran officer and former U.S. Army Ranger, was fired after investigators concluded he violated five department policies.
In those 9 years, Childers had managed to accumulate five excessive force complaints. Since "none stuck," they don't constitute a basis to conclude he had a propensity to use excessive force, but it's included here for the same reason cops inform the newspapers about the criminal arrest record of every citizen they shoot without cause, to leave an unpleasant taste.
What followed was a show of chaos at the Sarasota Police Department, with the Chief, Peter Abbott, getting canned after being accused of trying to improperly influence Perez when he sent a detective by to offer him a quick $400 to shut down. Perez later received $40,000 in settlement. Then there was the Civil Service Board fiasco, where the board violated the sunshine law by discussing the case privately, resulting in a big money damage award of $90,000.
The case finally went before a new Board, the final arbiter of police termination. They shrugged. No big deal, and concluded that Childers should be reinstated with back pay for the three years that elapsed.
Civil Service Board members, including former City Commissioner Ken Shelin, said they were particularly swayed by the testimony of an SPD sergeant who saw what happened and said he did not think it was egregious.
“This was really not a strong force that was used,” Shelin said, as the board deliberated. “The man was drunk as a skunk and he was going to topple over easily. And apparently, that’s all he did. It was an easy push with his foot, and the man fell over.
“I know it looks bad on the tape, and that’s one of the problems with the video of this, and the public’s perception of the video.”
Every picture tells a story, don't it? This picture tells a story of why municipalities don't rid themselves of bad cops. It costs too much, and they don't fare well anyway.
They had a video. This wasn't a matter of a citizen's complaint, which any rookie lawyer could argue is just animus or sour grapes, since police officers are sworn to uphold the law and respect the rights of citizens, which conclusively proves they would never harm anyone needlessly. "Why would they?" is the standard argument, and it's proven its vitality for decades.
They had a video, but it didn't have sound. Could that spell the difference?
The video did not capture sound, so it is difficult to say whether the officer felt threatened by Perez, or whether Perez was attempting to escape, said Maria "Maki" Haberfeld, a professor at John Jay.
However, when the other officers walk over to Childers as he stands with his foot on the inmate, it is clear the officers are in no danger, Haberfeld said.
"There was no need to keep him on the ground," she said. "It's not justified."
But Civil Service Board member, and former City Commissioner, Ken Shelin spelled it out. Perez was "drunk as a skunk." Screw him. He "was going to toppled over easily." No harm, no foul. But most importantly, "it looks bad on tape, and that’s one of the problems with the video of this, and the public’s perception of the video," which means that it wasn't bad. No doubt you can follow the logic too.
Childers, having had three years to ponder how to explain his conduct caught on tape, offered his exonerating explanation.
Childers — who argues the word ‘kick’ does not accurately describe what he did to gain control of Perez — says he was not trying to hurt him or use any more force than necessary to keep him subdued.
He had left the window of the patrol car open, he said, so that Perez could get some fresh air as he coped with the effects of the pepper spray.
Childers said he used his foot on Perez because he was trying to keep from being spit on.
“I didn’t want to get in a close proximity to him where if he wants to spit, it would get in my face,” Childers said. “That’s why I used my feet, and my legs.”
Nothing to see here. Move along. Police Officer Childers is back from his three year vacation.
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Source: http://blog.simplejustice.us/2012/09/25/just-a-three-year-vacation.aspx?ref=rss
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