So you have a law firm or business with employees. Things are going well and then, your admin. or associate starts to drop the ball. Strike one. Now, we missed the deadline for filing our motion for summary judgment (woah) because it was not calendared when you asked for it to be. Strike two. Three weeks later, a client sends a harsh e-mail threatening to fire you because you have not returned her calls in weeks. Strike three. Something is up. Now what? At some point, as an employer, you will be tasked with a great challenge of managing an…
Working as a senior litigator at a national Australian law firm when the COVID-19 pandemic began and in early stages of pregnancy, I found myself (as most of us did) in uncharted territory but in many ways at the start of a new exciting era. During the near seven-month lockdown in Victoria, Australia (one of the strictest lockdowns in the world) my practice continued to grow as the demand for legal work increased. Dealing with over 500,000 documents in any one given case, I collaborated with my clients, barristers and the courts in a more progressive, fast-paced way than ever…
When does social media activity cross the line and pose a non-compete violation? In ,Bankers Life and Casualty Co. v. American Senior Benefits, LLC, 2017 IL App (1st) 160687, Bankers Life sued several former employees who had left the company and joined a competitor, allegedly in violation of their non-compete agreements. The appeal resulted from a summary judgment award in favor of one particular employee, who was a sales manager in a Rhode Island office of the company, and focuses primarily on that employee’s situation. A non-compete agreement must be reasonable in its time and territory restrictions to be…
Immigrant poetry did not happen overnight. Like any creative idea, it took some time for it to come to life. When I arrived to this country as a teenager from my native country, Peru, I didn’t understand the sacrifices my parents had to make for me to have a better life. As a result, I acted out in high school. My way to cope with the emotions I felt at the time was to journal. I started writing because it gave me a way to escape reality. At 19, while attending Miami Dade College (MDC), I worked at the school’s…
So, if you are reading this, you either wanting to be a lawyer or in need of one (whether you know it or not). In either case, I am here to provide some insight. By the way, I am here and unbiased. Yes, I am a lawyer, but I am not writing this because I want you to hire me or I want you to attend law school. I am writing this because I do not think people understand the complexities regarding being a lawyer. Essentially, lawyers exist to make the life easier and less complex. I often meet two…
If you are in an accident that is considered to be a side swipe (where another car comes into your lane, making contact with your car by scraping the side of your car as it is moving the same or opposite direction as your car) PLEASE GET AN UNBIASED WITNESS to the accident. An unbiased witness is usually someone you do not know. In a safe manner, try getting the attention of the car(s) behind you as they probably saw the whole thing and do not let them leave without giving you their contact information . I know this is…
Another common workers’ comp myth is “you need to be at the jobsite for it to count as workers’ compensation”. This isn’t always true. Auto accidents actually make up a good chunk of workers compensation claims. Commuting to-and-from work isn’t covered by workers’ comp BUT, if your job requires you to drive as part of your duties/responsibilities and you’re in an auto accident, your injury will be eligible for workers compensation. #HinesWilsonLawFirm#PersonalInjuryLawyer#WorkersCompensation#WorkersComp The Hines & Wilson Law Firm Columbia, MO @Hineswilsonlaw On Instagram…
After practicing law for 6 years, I realized confidence is a key element in being a successful attorney. Confidence comes with time and patience. In my first year of practice, I easily got bulldozed over by seasoned attorneys. I would lose sleep over oral arguments. I would prepare for hours. I was often undermined by opposing counsels and judges because of my petite stature and soft voice. I used to apologize to my senior attorneys for having too many questions. With time, I converted my “weaknesses” into my strength. My soft voice helped me get my arguments across and over…
Currently, there is a significant potential for tax reform to occur under President-elect Biden and the Congress he will be working with during the next four years. Some of his proposed changes could have a drastic impact on estate planning practices and policies that focus on wealth transfer planning. In this article, we review some of these potential revisions to current estate planning tools and give examples of how you might feel the impact. Reductions to the Federal Estate and Gift Tax Exemptions In 2020, the lifetime federal estate tax exemption was set at $11,580,000, as was the federal gift…
ason D. Lazarus, J.D., LL.M., CSSC, MSCC The Department of Justice (DOJ) is serious about and intent on enforcement of the Medicare Secondary Payer Act when it comes to conditional payments. There are now numerous examples of these actions being taken by the DOJ. In this instance, the case against a Philadelphia-based law firm was handled by Assistant United States Attorney Michael S. Macko, acting upon a referral from Eric S. Wolfish, Assistant Regional Counsel for the U.S. Department of Health and Human Services, Office of the General Counsel, Region III. In a recent release, U.S. Attorney William M. McSwain…