October 27, 2015 Not all states are created equal—economically speaking, that is. With a Gross State Product of around $2.3 trillion, California is not only the largest economy in the U.S., it is one of the 10 largest economies in the world. That’s a sizeable beast that requires taming, and the man with the whip is Governor Jerry Brown. Having first served as governor of California in 1975, this septuagenarian politician, once nicknamed “ Gov. Moonbeam ” brings over 40 years of political experience to the table. Despite having his fair share of critics, Gov. Brown has done a better job at running a state that most politicos consider ungovernable, as evidenced by the fact he can actually get budgets passed . And even at 77 years old he hasn’t slowed down, still signing and vetoing policies with the energy of a man half his age. So, here’s a rundown on recent legislation that’s passed across old Moonbeam’s desk. Prohibition of civilians flying aerial drones The Governor got his veto pen out for this one. The legislation in question would have made it illegal for average folks to fly aerial drones over designated public and private spaces. It’s hard to argue with his logic on this one, since unmanned drones rarely amount to more than a nuisance, even when they are around firefighters. Add to that the fact there are already laws on the books covering civilian drone flying and it looks like California has avoided adding even more inmates to its already beleaguered penal system. Racial profiling On Oct. 3 rd , Gov. Brown signed an anti-racial profiling bill into law. The Black Lives Matter movement has supported such laws since the death of Michael Brown in Ferguson, Missouri, in 2014. This law costs some $9 million annually, and it requires police offers to collect demographic data on those they stop. It’s a victory for the Black Lives Matter movement and its supporters; obviously, it represents a defeat for that movement’s critics. Elephant ivory With a stroke of his pen, Gov. Brown signed AB 96 into law. This legislation prohibits the sale of nearly all elephant ivory in the state of California. It is a boon for wildlife supporters and a blow to San Francisco’s Chinatown community. Assisted suicide  This is the big one. California has been grappling with the issue of physician-assisted suicide since voters rejected a 1992 bill that would have allowed the practice. This bill, which is heavily based on Oregon legislation that was passed into law in 1997, permits physicians to provide lethal prescriptions of drugs to terminally ill patients who have six months or less to live. Naturally the Catholic Church was against the law. This makes it all the more interesting that Brown signed the legislation, since he was a one-time Jesuit seminary student. What do you think? Is Gov. Moonbeam keeping the state pointed in the right direction? Or is he driving the car right off Highway 1 and into the sea?
October 19, 2015 After an investigation by the Justice Department into vehicle defects resulting in more than 120 fatalities, one giant auto manufacturer will pay $900 million to the affected parties. However, General Motors is officially pleading ‘not guilty’ in the case of ignition-switch failures and a purported scheme to cover up the defects. The U.S. Attorney’s Office is retaining oversight of the case, but if the conglomerate corrects the recall process, the charges will be dismissed from their record in three years. While the original charges included the possibility of prosecuting individual GM employees, that is no longer likely due to the difficulty of assigning blame to someone who was only partially aware of the procedures. However, they government agency has not completely eliminated this option. According to the prosecution, some employees were fired during this process. Company executives, lawyers and engineers did not address the defect for more than 10 years. In addition, GM confessed that they defrauded customers by advertising the safety of the vehicles despite knowledge to the contrary. In addition, the auto manufacturer is pursuing a settlement with nearly 1,400 additional victims and has finalized a third settlement in a shareholder lawsuit. Both agreements totaled $575 million in third-quarter losses for a total of more than $2 billion, apart from the expense of repairing 2.6 million recalls. These settlements are in addition to other payments to families of 275 people who were injured and 124 people who were killed. Additional injured and deceased victims are not included in these groups. The current GM CEO accepted responsibility for the company’s actions and addressed a strategy to correct the defects and move forward with improving the company. Even so, victims in the case expressed their frustration that no one will personally be held accountable for the deaths of their loved ones. The prosecution explained that federal laws do not address the failure to disclose safety defects on vehicles while citing safety concerns for all drivers in the future. A federal report summarizing the findings reached nearly the same conclusions as investigations by the the National Highway Traffic Safety Administration conducted in 2014. Federal laws place a high priority on consumer safety. If you have been the victim of an accident that was the result of an auto defect, contact our personal injury law firm for seasoned representation. Source: h ttp://www.usatoday.com/story/...
October 14, 2015 It almost seems like something out of a bad action movie, one of those “Fast and Furious” franchises where it’s all about high-octane street racing in exotic locales. Except this incident didn’t come out of a film, and the locale in question was the most famous neighborhood in the world: Beverly Hills. The cars involved were certainly exotic—a yellow, seven-figure Ferrari and a Porsche—and they were caught on video blazing through stop signs and buzzing pedestrians as they hugged the curbs of narrow community side streets. It was an illegal race, to be sure, but who was manning the wheel, and what repercussions does he face? Fortunate son The owner of the Ferrari was revealed to be Sheikh Khalid bin Hamad al Thani. If that sounds like a mouthful, consider that it’s the name given to a member of Qatar’s ruling family. Not so surprisingly, the Sheikh has competed in many international street races, and is known internationally as the “patron sheikh” of drag racing. Therefore it didn’t take too long after the incident for police to find said yellow Ferrari parked outside of his home on Walden Drive. When questioned about the speeding, Al Thani pled ignorance, but also mentioned something else—that he had diplomatic immunity. A question of immunity Certainly, someone whose name starts with “Sheikh” and is followed by five other words likely draws a lot of water internationally. But immunity? Doesn’t that only work as a time-out if you manage to duck into your embassy while traveling abroad? Regardless, it seems Al Thani’s claim of being protected by diplomatic immunity was false on its face, since the U.S. State Department denied that he enjoyed any such protection. Man of the neighborhood To be fair, neighbors of Al Thani maintain that he had always been a decent, “mellow” neighbor whenever he came to stay in town. Until he decided to reenact “Days of Thunder” on narrow streets where children could have been playing, that is. Sure, the kids next door are often great neighbors too—until they teepee your house on Halloween. What’s next? Local authorities said they couldn’t find anyone to identify the driver, and the video doesn’t show much, either. So, despite local law enforcement claiming that Beverly Hills applies the law equally regardless of whom one is connected to or how much money he or she has, don’t expect much. The book is likely closed. In the end, it doesn’t appear that Beverly Hills P.D. is about to send Axel Foley to Qatar to bring back the naughty Sheikh. They don’t seem to want to ruffle international feathers. What do you think? Should we dispatch Vin Diesel and Tyrese Gibson to Qatar to settle the score for America?
October 7, 2015 A Valley fire in Lake County, California, has destroyed hundreds of homes and businesses and seems to just be getting started. This comes on the heels of dozens of wildfires in the Northern California area, the largest of which has burned some 135,000 acres and threatened entire groves in Sequoia National Forest, according to the U.S. Forest Service . However, the Lake County fire is the least contained and is resulting in ad-hoc evacuations that leave many fearing for their lives. Here are a few things everyone should know about the Northern California fires. It’s as bad as they say California Gov. Jerry Brown had already declared a state of emergency on Fri. the 11 th for Amador and Calaveras Counties before doing the same in Napa and Lake County. And for good reason: the Lake County fire is running wild and only 5% contained. It has been moving along two fronts and has so far destroyed 62,000 acres. This is according to Cal Fire (California Department of Forestry and Fire Protection). Officials in the area are calling it the worst fire the area has ever seen. Up to now, some 1,400 firefighters have been deployed to combat the problem. Small town destruction In many ways, Northern California’s Middletown is the prototypical rural “small town” that many politicians like to evoke in stump speeches. What commerce there is comes in the form of small businesses, and folks spend their weekends watching high school football games and taking their kids to soccer. That’s why the fire’s destruction of a brand-new elementary school has hit the town particularly hard. The unpredictable nature of this beast—some structures are left standing while those adjacent are reduced to nothing but char—make it all the more frustrating in the wake of all the destruction. The relief effort The National Guard has already been called in, but community members are pulling together, too. Evacuation centers have sprung up in the areas hit hardest by the Valley fires, with many folks filling community centers and camping out in their tents and cars. Those whose homes have not burned are joining the relief effort, coordinating donation deliveries and opening their own doors to those in need. It’s inspiring, to be sure, but also disheartening because no one knows how long the evacuees will be forced to stay in the centers. Some volunteers think it may even be months. Whether the fires were started by man or by lightning strike, one incontrovertible fact remains—devastating wildfires will continue during California’s hotter months so long as the state remains in a drought . It’s only with the onset of water that the flames will abate.
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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.
