May 31, 2017 Almost anything is possible in today’s age as far as artificial insemination and in vitro fertilization is concerned. Unfortunately, very few laws exist to protect children born from these methods, and even fewer rights are afforded them, according to the author of a new book, “Babies of Technology: Assisted Reproduction and the Rights of the Child.” Mary Ann Mason, a professor at UC Berkley, advocates for more regulation in the fertility industry. She claims that children have a fundamental right to know who their biological parents are even if they are not birthed from traditional conception methods. She sees it as problematic that sperm donors are promised anonymity, causing many of their children to be unable to find them should they wish to know who their birth fathers were. Even when the biological parent is known, there’s no guarantee that the child will have any rights, e.g., an inheritance. Mason shares the story of a Florida father who froze his sperm before he died of cancer, and his wife gave birth to twins using that sperm after he had passed away. The twins weren’t considered his survivors, so the U.S. Supreme Court ruled that they didn’t qualify to receive his Social Security benefits. Mason also feels sperm and egg donors shouldn’t be promised anonymity. Instead, assisted reproduction needs to be better controlled with regulations that look out for the interests and rights of the child, more so than the current regulations in the US. The donors also shouldn’t be paid, resulting in fewer cases where individuals can donate a lot of their sperm or eggs and become parents anonymously to hundreds of children who never learn the identities of the donors who helped create them. Artificial insemination and bioengineering of embryos is not going to go away, and therefore, the country needs stricter rules and perhaps a federal administrative agency that oversees all aspects of assisted reproduction. Children born in the US have the all the rights of a US citizen, no matter how they’re conceived. If you have questions about your rights as a child of in vitro fertilization or artificial insemination, contact our legal team to see how we can help.
May 20, 2017 As of April, nine major retailers have already filed for bankruptcy in 2017, which will result in hundreds of stores closing . Retailers are running out of cash and are quickly approaching recessionary levels. Those that are staying in business are shutting down a record number of stores. Over the next few months, more than 3,500 stores are expected to close. Shopping malls across the country are struggling to stay open as stores close faster than the malls can secure new tenants. According to RBC Capital Markets, private equity firms are no longer willing to rescue dying retailers like they did during the recession. Current issues are more structural rather than quick operational fixes, and banks are less willing to save these failing retailers. Traditional retailers with scores of physical stores have been hit the hardest. RadioShack, Gander Mountain, Payless Shoe Source, hhgregg and BCBG are among the nine retailers that have filed for bankruptcy so far this year—as many as all of last year combined. Twenty retail companies filed bankruptcy in 2008 at the peak of the recession. CNBC predicates that the U.S. might see these same numbers by September if the current trends persist. With the rise of e-commerce and titanic shifts in how shoppers spend their money, visits to shopping malls have been declining for years. According to real-estate research firm Cushman & Wakefield, visits declined by 50 percent during 2010 and 2013. Some retailers have not adapted to the new retail environment of changing shoppers’ habits. American consumers are spending less money on apparel and accessories as they devote more disposable income to travel, restaurants and technology. As a result, malls across the country are struggling to stay open. Emptied store space in malls is being taken over by entertainment spaces, restaurants and health and wellness destinations, such as fitness studios and nail/hair salons. Without a solid supply of concepts willing to take over, predications indicate that the shopping mall will become an icon of the past. If you are considering filing for Chapter 7 or Chapter 11 bankruptcy , our attorneys can help ensure that your rights are protect. Contact us for help.
May 10, 2017 Bloomfield Township, NJ agreed to pay a settlement of $243,250 to a man who says he nearly lost his ear during an arrest in April 2017. His complaint, available for public review at the NJ Civil Settlements blog, alleges that Rodolfo Crespo was arrested on drug-related charges on March 5, 2013. He was then taken to police headquarters where he was reportedly assaulted by officers Orlando Trinidad and Jennifer P. Horn. Upon requesting a phone call, Trinidad grabbed Crespo by the throat, threw him on the floor and placed his knee on Crespo’s back while he and Horn took turns dealing blows to him. They allegedly used force so excessive, they “ practically ripped [his ear] from his head .” Instead of providing first aid, Crespo’s complaint claims the officers tried to cover up the incident altogether. The lawsuit names several other officers reportedly involved in conspiring to cover up the alleged incident and also states that Crespo’s incident report did not even mention the assault or his injuries. He was eventually taken to the hospital for treatment, where he suffered bruises, trauma to his head and a seriously cut and injured right ear. This lawsuit is the latest in a series of problems for the department plagued by problems in recent years. Most relevant is a separate incident in which Trinidad was also convicted of assaulting another man during a 2012 arrest on Garden State Parkway. He falsified police reports about the case and was eventually sentenced to five years in prison for his involvement. In accordance with the settlement’s confidentiality clause, Crespo was not allowed to disclose details of the case with any third parties. However, according to the NJ Civil Settlements blog, if a government agency is involved in the settlement, the facts of the case are a matter of public record. None of Crespo’s allegations have been proven or disproven in court. In the political climate of 2017 and beyond, police brutality has come to the forefront of the legal arena. If you or a loved one has suffered at the hands of those who have been sworn to protect you, contact our firm for further information about your rights. Larry Bellomo is a Family Law and Bankruptcy attorney practicing in Orange County, California.
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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.
