December 31, 2016 Although the drug is still illegal under federal guidelines, an Oregon representative believes that the feds will need to reconsider removing federal penalties for the drug so that each state can independently decide what restrictions to pass. He further called the war on drugs “toxic.” States now use this individual approach when dealing with alcohol . However, medical experts question the safety of the drug, especially when it comes to impairment while driving and how it affects the brains of young people. Those against legalization want further research into the long-term effects of the drug. The new laws reflect the changing attitudes in the country about the legalization of the drug. According to a Gallup poll in October, 60 percent of those who responded were in support of national legalization, the highest number in nearly half a century. State laws aside, the federal government’s restrictions prevent interstate sale of marijuana. However, the lieutenant governor of California thinks that the bloc of states where the drug is legal can work together on the issue, possibly effecting national change. Supporters across the state praised the new law, known as Proposition 64, as criminal justice and a social justice reform since minorities will no longer be arrested and convicted for possession. The funding disparity in the campaign between the anti-legalization efforts and the pro-legalization efforts no doubt played a huge role in the passing of the bill. The campaign against legalization spent just $2 million while the campaign for legalization spent an estimated $24 million as of Nov. 6. Marijuana companies, optimistic that the drug’s legalization would benefit them, invested heavily into the campaign. Advocates called the passage of the law a huge victory because of California’s booming economy, its large population and the state’s optimal growing conditions for the drug. The bill passed with a 56 percent approval and permits those over the age of 21 to possess small amounts of the drug for personal use. Individuals can also grow as many as six plants in their homes as long as they cannot be seen by the public. However, it will take at least two years for the licensing process at which time the sale of the drug will begin. Changing drug laws in California affect criminal sanctions and might even impact previous legal decisions. Larry Bellomo is a Bankruptcy and Family lawyer in Orange County, California. If you are in need of legal representation, contact our office today for your free, no obligation consultation.
December 13, 2016 An appeals court in Illinois determined in October 2016 that a woman who married an inmate is now entitled to the $20 million settlement he received in a wrongful conviction case as part of marital property. The defendant, Juan Rivera, was sentenced to life in prison without the possibility of parole for the murder of an 11-year-old girl in 1992. He appealed in 1998 but was again found guilty and re-sentenced with the same penalty. In 2009, he was retried. Evidence showed that he was on a home monitoring system and could not have possibly committed the crime. Even so, he was again found guilty and sentenced to life in prison without parole. DNA evidence finally cleared him in 2011, and he was subsequently freed. His wife, Melissa Sanders-Rivera, married him on Oct. 31, 2000. He sought a divorce in May 2014. He received approximately $11.4 million after legal fees and taxes. He contested that she was not entitled to the money because he had allegedly committed the “crime” in 1992. She countered that the money stemmed from a lawsuit as a result of his exoneration in 2011. The appellate court ruled that since the defendant filed the wrongful-conviction lawsuit in 2011 when he was married, the settlement should be shared with his wife. The woman’s attorney felt the ruling was fair and hopes that the decision will be upheld. He claimed that she was caring and added that she visited her husband hundreds of time while he was in custody. He further explained that she provided him with the emotional support that carried him through the years of difficulties when everyone else had turned against him. The man’s attorney felt that the ruling was an injustice to him and hopes that the appellate court’s decision will be overturned. In the event that the ruling is not overturned, the attorney hopes that a jury will reduce the payout amount to his ex-wife. If you have questions about equitable property division when a marriage ends, our team of seasoned legal professionals can provide you with answers. Call us to be sure that you are treated fairly during a divorce.
December 1, 2016 In September 2016, as part one of the highest divorce settlements in the nation, the controlling stakeholder of Grindr, a gay-dating app, Zhou Yahui will transfer 278 million shares equaling an estimated $1.1 billion to his soon-to-be ex. The agreement stands as one of the most expensive settlements on record. Zhou will keep control of the company as he will retain $1.5 billion in inventory or a 34.5 percent stake. Zhou originally earned his fortune via the distribution of Chinese games online and overseas, bringing his revenue totals to 1.78 billion yuan in 2015. Nearly three-fourths of his earnings were overseas. He graduated from the Beijing institution of Tsinghua University. The company is now expanding into social media and online finance. He also invested in a British lending company, LendInvest. This is not the first divorce settlement in China to hit a record amount. In 2012, another couple negotiated an extremely high settlement of $2.75 billion, which Wu Yajun paid to her ex-husband, Cai Kui. She is the chairwoman of a property development company, Longfor Properties. Another hefty settlement of $359 million was paid by the vice president of heavy equipment, Yuan Jinhua, to his ex-wife, Wang Haiyan. Wang Wei, the founder of an online video site, potentially lost the most money during his divorce. In 2011, during the divorce process, his ex-wife sought to have the value of the shares frozen for his company, Tudou. This delayed the initial public offering of the stock on Nasdaq. Although he did come to an agreement of $7 million with his wife, a rival company, Youku, took advantage of the delay. That company proceeded to accelerate the sale of shares, which in turn, affected demand for Tudou. Eventually, Youku acquired Toudu, but Alibaba, the e-commerce conglomerate, now owns the company. According to the Ministry of Civil affairs, the divorce rate, while still very low, rose from 1.7 percent in 2008 to 2.8 percent nationally in 2015. A state newspaper indicated that the divorce rate rose by 5.6 percent from 2014 to 2015, according to the BBC. Earlier during the summer of 2016, yet more people in the nation began talking about divorce. Social media chatter and related hashtags escalated after when another famous couple, Wang Baoqiang filed for divorce from his wife, Ma Rong, after she reportedly slept with his agent, Song Zhe. Wang has accused his ex of hiding assets from him. China still holds to highly stereotypical roles of a woman who stays home and cares for her family while the husband works. During a high asset divorce , both parties need seasoned legal representation with the experience to handle the related nuances of the case. Contact our law firm if you have questions about asset division when a marriage ends.
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January 28, 2018 According to an October 27, 2017, announcement, the Los Angeles jeans company, True Religion, exited Chapter 11 bankruptcy with about $357 million less debt, debt maturities extended, cash to implement a growth plan and a positive outlook for the future. The company emerges with a reduced retail footprint and an exit loan of $60 million from Citizens Bank, the same bank that provided the initial cash during the reorganization process. At the peak of the company, True Religion jeans were selling anywhere from $150 to $250 a pair at their nearly 140 stores and online. The brand also sold at upscale department stores, such as Bloomingdales, Saks Fifth Avenue and Nordstrom and at other locations in the U.S., Mexico and South America. Around 2013, True Religion, like many other apparel stores, struggled for success, watching sales decline as it competed with the internet, online shopping and competing discount retailers. The rapid growth in the trend of athletic wear for leisure caused the sales of blue jeans to quickly decline. Behind $192,000 on rent for its California office headquarters and drowning in major debts owed to creditors, manufacturers, U.S. Customs and Border Protection and malls around the country, True Religion filed for bankruptcy on July 5, 2017, in a U.S. Bankruptcy Court in Delaware. At the time of filing, the company had 128 stores in the United States and 11 stores outside the country. The company made some major changes, hiring John Ermatinger as CEO and president and bringing on a new chief marketing officer and a new vice president of sourcing. They also reduced costs, streamlined processes and closed unprofitable stores. John Ermatinger publicly thanked the company’s supporters — consumers, employees, vendors and suppliers — for their ongoing commitment and devotion to True Religion. He expressed his excitement regarding the future of the company, which includes implementing new growth strategies through innovative partnerships, expanding True Religion’s digital presence and refining its marketing operations. You do not have to be a major corporation to file bankruptcy , Like in the case of True Religion, bankruptcy allows individuals to emerge in a better financial position than before. Our legal team can help you navigate through these difficult times.
January 16, 2018 A Fresno State professor who intimidated a pro-life group was ordered to pay $17,000 and attend training on the First Amendment. He was recorded on video in an attempt to harass pro-life students who were drawing with chalk on the sidewalk. He also asked students from his public health class to assist him in his efforts. He claimed they were outside of the campus free speech area, but no such area has existed on campus since 2015. The sidewalk messages suggested pro-life options for students. The president of the club stated that the First Amendment gives students the right to speak on campus. She documented an incident between herself and the professor on video. He can be heard telling her that she is not in a free-speech area. However, she claimed that she had school permission to be there and to be speaking. The professor began erasing the sidewalk messages with his shoe. He told her that she did not understand the areas where free speech was permitted on campus. Alliance Defending Freedom acted as legal representation for the group, the Fresno State Students for Life. The professor must pay $1,000 to the president and $1,000 to another student as well as legal fees. However, he said that the money was paid by his insurance company, so he is not concerned about the legal fees. He does not admit to any wrong actions but is willing to attend the training so that he can learn the opinions and thoughts of others. The president expressed her relief that he will not be able to harass them again and explained that the case was not about winning money. She was extremely surprised at his actions, especially on a public campus. She further opined that professors should encourage and not prohibit free speech. Legal counsel for the pro-life group stated that the professor’s behavior flagrantly violated the First Amendment He added that school officials do not have the right to restrict freedom of speech on campus. The school did not comment about the case. If you believe that your First Amendment rights have been violated, you will need experienced legal representation to defend you. Contact us so that we can discuss your case.
January 5, 2018 The complexities of any divorce include dividing money, property and assets between both parties. While this might not be as complex for a millennial as it is for a couple who has spent their lifetime acquiring possessions, both types of divorce require finding a qualified family lawyer to deal with the personal issues. Legal experts report that stereotypes claim that other generations are more loyal than millennials who don’t really value traditions. She continues that even though they wait to marry, they still place a high priority on the institution. However, she added that they will not tough out a relationship the way their parents did. This by no means makes a divorce any easier for millennials. They feel just as hurt and disappointed as any others who divorce , but their outlook for the future tends to be more optimistic. Although marriage rates in the U.S. continue to decline, divorce rates are also dropping. Millennials delay marriage until later in life, placing an emphasis on education and careers before taking this significant life step. Millennials tend to be more open to diverse relationships, including living together. In the past, prenuptial agreements held a negative connotation as if one of the parties expected the marriage to end. The more-practical millennials, who prioritize acquiring and preserving wealth, see the prenup as a planning tool and communication map to manage financial expectations and interests. Creating a prenup with a lawyer realistically deals with the uncertainty of the future and helps a couple draft specific plans. Millennials choosing to live together instead of marrying can benefit from an attorney’s expertise when drawing up a cohabitation agreement, protecting both parties and their assets in case the relationship ends. When couples know the laws regarding cohabitation , marriage and divorce in their state, they tend to be ready for even unexpected contingencies. Whether a couple plans to cohabitate, marry or file for divorce, planning for a big relationship step helps the individuals prepare for the future, no matter what happens in the marriage. Consulting with a knowledgeable, experienced family lawyer sets up both parties for success.
December 23, 2017 The 32-year-old mother entered the high rise in downtown Memphis as a memory tugged at the far corners of her mind. Suddenly, it came to her. She had been in this very building with her own mother for the same purpose — to file bankruptcy . She anguished over the decision but a court order had recently enforced a judgement against her that allowed a company to seize a portion of her check. With her struggle to make ends meet, the judgment would put an unbearable strain on her already overburdened finances — the proverbial straw that broke the camel’s back. Despite the stigma, she decided that bankruptcy would stop the vicious cycle of juggling bills each month so that she could now start fresh. She even dreamed of becoming a homeowner one day. While the U.S. Bankruptcy Court for the Western District of Tennessee in Memphis funnels millions of dollars to the court, the lawyers and the creditors, the debtors for whom the entire system exists don’t fare so well. The clients are stuck in a vicious cycle. Most people choose to file Chapter 7, which allows the person to start over from square one without seizing any debts. In contrast, Chapter 13 requires monthly payments while stopping car repossessions and home foreclosures. This method is most common in the South and was what this mother chose. She didn’t understand the difference between the two. However, filers who opt for Chapter 13 must continue making payments for five full years. Most cannot even last 12 months under the program. These individuals went through each and every step of the bankruptcy — paying filing and legal fees and dealing with a seven-year blemish on their credit record — but do not ultimately benefit from the program. Once they have defaulted, they revert back to all unpaid debts with interest rates higher than ever. When comparing Caucasian filings with African-American filings, the latter usually file under Chapter 13 but cannot complete the program. Some return for repeat filings, with a few filing Chapter 13 up to 20 times during their lifetimes. They view bankruptcy as a last resort. If you are considering bankruptcy, talk to our knowledge attorneys about which options — Chapter 7 or Chapter 13 — is best for you.
