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Although artists and listeners alike have dubbed it a dying genre, pure drum and bass, I've found, is far from dead. You just have to know where to look.
In the city of Philadelphia, Mike Harrington is hard at work producing his own breed of D'n'B. His listeners know him better as Structure. Entirely self-taught, Structure has been producing drum and bass since 1996, although his passion for the music began in 1991, when he spent a year studying abroad in Germany.
If you come to Infusion Hookah Bar and Lounge on a Monday night, expect to hear a different kind of musical set. Mondays belong to Pillager—you'll recognize the name if you've ever heard him spin at Basscamp on Thursdays at the Vault.
Having already experienced Basscamp, I was expecting the same kind of high-energy, fist-pounding electro and dub step. Pillager—known as Eric Olsen by his familiars—surprised me with a set that alternated from haunting atmospheric trance to hard and sexy reggae dub so smoothly that I didn't even realize the transitions taking place.
Anyone who claims there's no future for genre blending has never met Parker Robinson and Masson Rager.
The crowd that has amassed tonight to hear them perform at the Vault's Loft is proof in itself that the days of musical cliques are dying fast.
I'm amazed by the diversity of their audience: blacks, whites, frat guys, hippie chicks, raver kids decked out in neon and sequins; in the center of the dance floor, a man wearing a sweat suit and glow sticks begins to breakdance and insanity ensues.


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Freak Nasty - Da Dip (1996)
i havent had a celebrity crush since high school. it feels so strange. #americanhorrorstory #evanpeters
Perks of Dating Me:
- I don't go anywhere, so we can always hangout
- I'm too ugly to cheat on you
- Sometimes i'm funny
- I live near a pizza restaurant

subset: commoncrawl


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CRM has failed? I am so tired of hearing that
No matter what SAP's press release says, CRM isn't a failed experiment, it's not dead, and it continues to thrive. Paul Greenberg answers the latest barb thrown.
Paul Greenberg focuses on not only what CRM is but where its going in this blog on CRM strategy, technology, stories, companies and personalities.
In addition to being the author of the best-selling "CRM at the Speed of Light: Social CRM Strategies, Tools, and Techniques for Engaging Your Customers," Paul Greenberg is President of The 56 Group, LLC.
No matter what SAP's press release says, CRM isn't a failed experiment, it's not dead, and it continues to thrive. Paul Greenberg answers the latest barb thrown.
Good business isn't only 'all about people.' It's also about the processes they are saddled with. Paul Greenberg shares his customer's lament about a sale that turned into a nightmare.
Eric Schneider shows us how to forge an interaction strategy with data as it "rolls off the digital factory" floor. Pay close attention.
Search has been so consistently unsatisfying for so long across so many organizations that we've come to accept bad search as fate. But no more: It's time for the tail to wag the dog.
How can businesses fully and continuously engage their customers? CRM pioneer Jeff Tanner's new book delivers a strategy for realizing big profits from Big Data.
HC1 CEO Brad Bostic says Healthcare Relationship Management can eliminate the communication and information management disconnects between healthcare organizations.
The challenge: Create a customer engagement program that users actually want to engage in, generates useful data, garners double-digit participation rates, and scales to the thousands or millions of customers. Last year's CRM Idol winner explains how.
Customer engagement is the prevailing theme for probably the next decade. CRM Idol 2014, the contest for emerging tech companies, should reflect that theme big time this year.
Paul Greenberg delivers more insights into the customer-facing market, including a look at specialization, verticals, interesting companies, current projects and a couple of rants.
Here are some thoughts on how I see the CRM market moving and various tech companies and projects that I think you'll find to your liking.


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A former receptionist/administrative assistant at Word of Faith Christian Center in Jackson has filed a federal lawsuit against the church and former Pastor Kevin Wright.
The suit was filed in federal court Friday by attorney Lisa Ross. In that suit, 27-year-old Jamila Slaughter claims Bishop Wright repeatedly made "unwanted and unwelcomed sexual advances" toward her, during a period from December 2008 to October 2009.
Slaughter, who had been a member of the church since she was 13-years-old, claims she has suffered emotional distress and is seeking compensatory and punitive damages, as well as attorney fees.
WLBT could not reach Wright for comment.
Copyright 2011 WLBT. All rights reserved.


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ADRIAN (WKZO) -- An Army soldier from Maryland is facing five felony charges including open murder in Lenawee County.
Brian James-Mabesa Gogue was arraigned Monday for allegedly killing Joel Krutsch on Saturday and stabbing Scott Fernandez. The victims were found in a mobile home Saturday morning in Tecumseh.
Witnesses tell police Krutsch was strangled and Fernandez was attacked when he tried to help.


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Critical Care Medicine E-Book, 3rd Edition
Please note that due to a system merger our fulfillment system will be down beginning September 22nd with an anticipated date to begin shipping orders October 10th. We would like to apologize for any inconvenience by offering you a special 20% discount on select products. Please use Promotional Code 12760. Click here for promotion details.
Here's the most clinically oriented critical care text focusing on the adult patient. In full-color and superbly illustrated with clinical photographs, imaging studies, and management algorithms, and with a broad multidisciplinary focus, this text will help you enhance your skills at any level of training.
New to This Edition
- Includes these seven new chapters to keep you on the cutting edge of your specialty:
- Assessment of Cardiac Filling and Blood Flow
- Mechanical Ventilation of Obstructive Airways Disease
- Mechanical Ventilation of Acute Respiratory Distress Syndrome
- Severe Sepsis and Multiple Organ Dysfunction
- Stroke
- Delirium, Psychosis, Sleep and Depression in the ICU
- ICU Education
Key Features
- Stands alone as a clinically oriented comprehensive reference.
- Completely updated and authorship expanded to reflect the evolution in critical care practice.
- In color for the first time, with new color schematics and treatment algorithms for greater ease of reference.
- Utilizes key points lists at the end of chapter, to help you make decisions rapidly and easily.
- Delivers key references that list other useful resources for information.
Author Information
By Joseph E. Parrillo, MD, FCCM, Professor of Medicine, Robert Wood Johnson Medical School, University of Medicine and Dentistry New Jersey; Director of the Cooper Heart Institute, Head of Cardiovascular Disease and Critical Care Medicine, Cooper Health System, Camden, NJ; and R. Phillip Dellinger, MD, FCCM, Professor of Medicine, Robert Wood Johnson Medical School, University of Medicine and Dentistry of New Jersey; Director, Section of Critical Care Medicine, Cooper University Hospital, Camden, NJ
Customer Reviews
- e-Book
- Imprint: Mosby
- Copyright: 2008


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This is the most definitive, comprehensive book on the subject of knots and ligatures as applied to criminal investigations. This book details how to collect, preserve and identify different knots, their origin and the different types of crafts and occupations that common use such knots. The book includes an extensive glossary, list of references, and numerous charts and illustrations.
©2014 Safariland, LLC - All Rights Reserved


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Posts tagged love
Posts tagged love
"They're both quite misunderstood and very powerful characters and, uh, to me they're very different, but I do see a pattern. I guess what I take from it is - maybe there's something in my life that I need to look at and learn from these girls, and that idea of really owning my own power, talent, beauty - whatever those things are that are so hard for us as women - as people."
- Idina Menzel
(via soleil-devon)
Music is everywhere! All you have to do…is listen.
Freddie Highmore is amazing.
The accents kinda killed me a little but it was sooo good.
eleven era valentine's day cards, part one - the pond ladies!
(Source: brittanias, via yuru-ruri)
Y con esta bella estampa también de Manuele Fior aprovechamos para desearos un 2012 de grandes lecturas. ¡Feliz año!
(via crusbabbles)
(Source: falling-insidethe-black, via spookymadspoon)
(via ohkatieface)
omg omg omg.
Jessica Silas is my hero.
jessica silas should for the love of mochibutts stop thats what she should do
…. Jessica Silas…. will you marry me?
I believe in God, but… THIS. THIS.
(Source: divarikate, via gurl-u-cray-cray)
Tony Bennett & Lady Gaga – The Lady Is A Tramp
This is amazing!!
shes so amazing. beautiful.
This is stunning to a degree that I cannot properly expess
(via gurl-u-cray-cray)
#the side of humanity that doesn't make me long for nuclear holocaust, .
(Source: pinkcatsdrinkicedtea, via notsoaveragejo)
(via spookymadspoon)


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"Keep dabbling. If you dabble hard enough you'll become an expert."
Full CSS NES - CodePen
If I could drop a ROM on this thing and play it, it would be perfect.
The Era of Symbol Fonts
I've become a big proponent of symbol fonts in regards to icon usage and this article gives a nice overview of their advantages
Welcome to the third epoch in web performance optimization: symbol fonts. Everything from bullets and arrows to feed and social media icons can now be bundled into a single, tiny font file that can be cached and rendered at various sizes without needing multiple images or colors. This has the same caching and file size benefits as a CSS sprite, plus additional benefits weâre only now realizing with high-resolution displays. Discover the advantages and explore the challenges youâll encounter when using a symbol font.
Great article by @karenmcgrane on the role the CMS plays in the expectations of content presentation.
← Older 1/2


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Yesterday, Brown Girl Speaks wrote about the notion, which Giddings refers to in her essay on Ida B. Wells' anti-lynching campaign, that black women are responsible for or to blame for black male sexuality. Today, Andrea Plaid discusses how that thinking has survived.
written by What Tami Said guest contributor Andrea Plaid
Moms and I had another round-and-round discussion about this—I'd swear that it started when I developed breasts. A distilled version:
"The woman's role is to say 'no' to the man, to keep him at bay," she'd start. "It's not like the man doesn't try to get his way, but it's the woman who needs to say 'no' until he gives her a ring, at least. Then, she has something to back her up when she's having sex with him."
"But why should I have to keep the man at bay" I'd ask. "Why can't he keep himself at bay?"
"Because the man wants what he wants. It's his nature," Mom would state. "It's up to the woman to civilize him into wanting to be married. If not—and the woman just lays up with him and has babies by him—he just used her, spreads his seed, and keeps going."At this point in The Sexual Message, Moms would illustrate her point by telling me about the Black girls who lived on her block, when she was a tween and teen, who became single teen moms. (Some context: Moms came "up North" from Mississippi during the Second Great Migration when she was 10. She grew up in mostly to all-Black neighborhoods, mostly because of de jure segregation that was slowly shifting toward de facto segregation. She graduated high school in 1963.) Moms and the girls would hang together, Moms would say, but she knew she wasn't going to "let some boy use her like that." (She'd add that, because of that singular decision, her girlfriends—and their children—never quite achieved the Black Middle-Class Dream. Moms knew this because she's seen them over the years.) She'd talk about how she would sit under my "scoundrel" uncles at the table—they were much older than she was; (Moms is the youngest daughter out of 13 kids)--and would listen to how they talked about how they used women and knew no man would talk about her like that. Then she would underline her point by talking about The Bet: a group of Black men, including my late father, wagered that one of them would literally get Mom's panties. (Yes, the actual proof of the event was to show the group her panties.) My father took on the challenge—and ended up taking my mom an engagement ring. And, my mom would brag, she didn't have me until after they were married. Moms would also point to my sister's birth as another example of the privileges of birthing after marriage, of doing it The Right Way.
In other words, her advice was infalliable--her life was proof of it.


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Popular Local Resources
Additions and/or corrections to the database are encouraged! Simple Add/Edit Procedure.
|BIG Map |
|Driving Directions |
|Data Source - USGS GNIS FID: 983794
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Country Club Mobile Home Park, NC (9.2 miles W)


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New York Wedding Photographer
Kelly and Neville had a beautiful ceremony at the Wildflower Pavilion in Kings Park. After the ceremony we headed off to the Pine Forest in Kings Park and then down to the Old Swan Brewery forview more >
I meet up with Lisa and Luc early Friday morning at Hillary's Boat Harbour for their engagement session. Instead of pouring rain like my last e session with Kate and Colin, it was so so sunny!view more >
Kate and Colin are getting married on the 3rd November – now less than two weeks away!! A few Sundays ago we meet up to do their engagement session and discuss the finer details of theirview more >
Danni and Matt were married on the 6th October down in Mandurah. You may remember Danni and Matt from their pre wedding portrait session a few months back with their kids. The 6th October turned outview more >
Things have very busy here at the studio, I have so many things to blog about but no time to blog them!
I have set myself a to-do list of all the things I need to blog about, and if you are a clientview more >
Yesterday I spent the afternoon with Reshma and Ben shooting their pre wedding portrait / engagement shoot. They are getting married on the 7th November, which is a Wednesday! I have been lookingview more >
It appears that lately I have been having some email issues and that some email people are trying to send me has flown through cyber space and has been sucked into one of those big black holes ofview more >
Sharee and Mick were married last Friday at the beautiful St Joesph's Catholic Church in Subiaco. The day was absoutely amazing and Sharee and Mick were a complete joy to photograph, both fullview more >
The National Hotel is on the corner of Market and High Street in Fremantle was badly damaged by fire in March this year. For the past 7 months I have been walking past this building almost everydayview more >
This morning I went out and bought myself a new present… the Canon 5D! I have been wanting to get this camera for a while and finally decided that today was the day! The above photo is one ofview more >
© 2014 Samm Blake Photographer|ProPhoto 5 by NetRivet


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What do we do?
Eyetec.net is dedicated to advancing the careers of ophthalmic medical personnel. We do this by providing effective certification exam prep courses, continuing education courses, and basic and advanced training for ophthalmic assistants, ophthalmic technicians, and ophthalmic technologists.
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Our focus is on moving personnel to the next level of certification. Our continuing education courses are all relevant to exam content. Our certification exam prep courses are cost effective and time efficient, and they work.
Why should you care?
Ophthalmic employment surveys over the past 20 years have shown that moving to the next level of certification increases your knowledge, increases job satisfaction, increases respect from those you work with and work for, and increases your compensation. Who doesn't want that?
<<<< Register/login to get started.
Continuing Education Courses 1. Read the course. 2. Take the post-test. 3. Print certificate.
Inexpensive continuing education courses for the COA®, COT®, COMT®, and CRA, only $10 per CE credit. Go to the course catalog after login.
Career Info
Don't know what a certified ophthalmic assistant (COA®) or technician (COT®) is? Get more information here.
Certification Exam Prep Courses
Read below for information on the Certified Ophthalmic Assistant (COA®) Exam Prep Course and the Certified Ophthalmic Technician (COT®) Exam Prep Course.
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I just wanted to let you all know at eyetec how much I appreciate your online instruction and modules. I recently passed my COT® exam on the first try, and eyetec.net was one of the major sources of material I used to study for the exam. Once I pass the COT® skills exam, you can be assured that eyetec.net will be the first source I go to to get my future continuing education credits.
Deb N., COA® See more comments about eyetec.net .....
Certified paraoptometrics (CPO), certified paraoptometric assistants (CPOA), and certified paraoptometric technicians (CPOT) can now use up to 9 JCAHPO approved CE credits toward certification and recertification. More information here.


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TAYLOR SWIFT was hard to miss in a bright red dress at the Westfield Shopping Centre, Shepherd's Bush in London earlier this week for their Christmas Lights Ceremony.
Yay or nay?
Taylor knows she looks good in red, but that's obviously not the only reason why she's been abusing the color over the past few weeks.
The newly-single singer, whose new album "Red" has been enjoying high sales and profits since it was released last month, was given the honor of switching on the Christmas lights at the Westfield Shopping Centre in London on Tuesday, and she showed up in a short-sleeved red dress with a pleated A-line skirt, which she paired with nude pumps.
Though she skipped the accessories, Taylor's sexy red lip color was more than enough to brighten up the look.
Loose waves and her signature winged eyeliner provided the finishing touches.
As to be expected, Taylor looks absolutely adorable… but fashion-wise, this is just totally boring.
Photos By PR Photos
One Response to "Celebrity Fashion: TAYLOR SWIFT In A Bright Red Dress… Yay Or Nay?"
Lilly on
November 8th, 2012 9:18 pm
We'd love to hear your comment but please don't spam, we reserve the right to delete anything which is inappropriate


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The Walking Dead Game Follows The Comic And A New Set Of CharactersBy Spencer . February 15, 2012 . 1:57pm
The Walking Dead video game's first episode begins when Rick is in a coma. Lee is the main character and he's on his way to prison when the zombie apocalypse suddenly breaks out giving him a chance to escape.


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Portal Log In
Blog: Protecting Your Customer List. Learn more.
Blog: Steps a Business Can Take to Protect its Confidential Information. Learn more.
News: Greensfelder welcomes the newest member of our St. Louis office and our Litigation Practice Group, Jasmine McCormick. Learn more about Jasmine.
Blog: Remember to Retain Separate Counsel in Disputes Between LLC Members. Learn more.
Publication: Shannon Haney discusses the Illinois Hydraulic Fracturing Regulatory Act in an article recently published by the American Bar Association's Section of Litigation, Energy Litigation. Learn more.
News: Greensfelder welcomes the newest member of our St. Louis office and our Litigation Practice Group, Renée Sullivan. Learn more about Renée.
Publication: Lucie Huger offers tips to business owners to protect their companies from data breach vulnerabilities. Learn more.
News: Greensfelder Joins Community-Wide Effort Supporting North St. Louis County. Learn more.
News: Erv Switzer has been selected to receive one of the 2014 Spirit of Justice Awards from the St. Louis Bar Foundation. He will be presented with the award during the Spirit of Justice Celebration on Friday, October 10, 2014.
Blog: Missouri Supreme Court Hold Joint Employers Liable for Obligations Under the Missouri Minimum Wage Law. Learn more.
Blog: California Supreme Court Delivers — Domino's Not an Employer Merely Because it Imposes Traditional Controls Over Franchisees. Learn more.
News: Dismissal of Suit Brought by Shell-Branded Station Operator Affirmed by 8th Circuit. Learn more.
Publication: Lucie Huger offers advice on data breach after 9 Illinois Hospitals are impacted in an article published by The Southern Illinoisan. Learn more.
News: Thirty-One Attorneys from Greensfelder Selected for Inclusion in The Best Lawyers of America© 2015. Three attorneys recognized as "Lawyer of the Year." Learn more.
News: Greensfelder welcomes Danielle DuRousseau to our St. Louis office and Andrew Tessman to our Belleville office.
Publication: Eric Peterson discusses what options to consider before entering a forbearance agreement in his article published by the Southern Business Journal. Learn more.
Blog: If You Overreach, A Business Owner May Find Employee Restrictive Covenants to be Useless and Unenforceable. Learn more.
News: Greensfelder welcomes the newest member of our Belleville office and our Litigation Practice Group, Brady McAninch. Learn more about Brady.
Publication: Dan Janich discusses the importance of careful pension plan drafting in his latest article published by Law360. Learn more.
Blog: Ignore Corporate Formalities At Your Own Personal Risk. Learn more.
News: Congratulations to Tracy Ring who was recently recognized as a "Law Firm Leader" as part of the Up & Coming Awards from Missouri Lawyers Weekly. Learn more.
Blog: Get What You Deserve When The Insurer Reserves Its Rights to Deny Your Claim: A Policyholder's Right to Independent Counsel. Learn more.
Publication: Vanessa Keith shares tips on how to avoid a data breach and what to do if one occurs in her article published in The St. Louis American. Learn more.
Blog: NLRB Takes Step Towards Treating Franchisors and Franchisees as Joint Employers. Learn more.
News: Congratulations to Joshua Stevens who was recently elected to serve on the Board of Directors for the Veterans Business Resource Center.
Blog: When Forever Became Whenever: (A "Do It Yourself" Contract's Defective Termination Clause Permits an Early Exit). Learn more.
News: Kelly Shamel assists biotech company with acquisition of new 40,786 square foot facility in Maryland Heights, Missouri. Learn more.
News: Congratulations to Russell Scott on his recognition as an Outstanding Community Leader at Call for Help - Pillar of Hope Awards & Annual Celebration. Learn more.
News: Congratulations to Elizabeth Nguyen for inclusion by Lawyers of Color on their Second Annual Midwest Region Hot List. See more.
Blog: Hobby Lobby Decision Leaves Open Questions and Compliance Issues for Religiously Affiliated Closely Held Corporations. Learn more.
Publication: Lenny Vines was a contributing editor for the book Mergers and Acquisitions of Franchising Companies published by the American Bar Association's Forum on Franchising. Beata Krakus and John Baer co-authored a chapter of the book entitled "Due Diligence on Franchising Systems." Learn more.
News: Vanessa Keith was recently re-elected to serve on the Board of Directors for the Mound City Bar Association.
Blog: FMLA Rights for Same Sex Couples. Learn more.
News: Mandy Kamykowski and Josh Stevens obtained a favorable opinion in the Missouri Court of Appeals on a case involving medical negligence and battery claims. Learn more.
Publication: Jennifer Davis authored a chapter entitled, "Litigation Settlements in Probate Matters" in the MOBarCLE Deskbook Missouri Settling Cases 2014. Learn more.
News: Ryan Gavin and Mandy Kamykowski recently defended an orthopedic surgeon in a medical malpractice claim where plaintiff alleged chronic back pain after spinal surgery. Plaintiff sought damages in excess of $300,000. After just over an hour of deliberation, the jury decided unanimously in favor of the defendant. Read more in a recent article published by Missouri Lawyers Weekly.
News: Mary Reitz was recently re-elected to serve on the Board of Directors for the Missouri Organization of Defense Lawyers.
News: Greensfelder welcomes the newest member of our St. Louis office and our Litigation Practice Group, Julie Rodriguez. Learn more about Julie.
News: The Southern Business Journal taps Garry Reuter, Jr. and Don Schoemaker for a story on avoiding a nasty business divorce. Learn more.
Alert: Supreme Court Holds Inherited IRAs Are Not Exempt In Bankruptcy. Learn more.
News: Kevin O'Malley Nominated by President Barack Obama to Serve as the U.S. Ambassador to Ireland. Learn more.
Publication: In an article published by the St. Louis Business Journal, Lucie Huger discusses proactive steps that businesses can take to better protect themselves against a data breach. Learn more.
News: Tracy Ring was selected to participate in the Leadership St. Louis® class of 2014-2015. These participants join a prestigious and diverse group of nearly two thousand community leaders who have graduated from the program since its inception in 1976 through FOCUS St. Louis. Learn more.
News: Greensfelder salutes our colleague, Vanessa Keith, on being selected as an "Inspiring St. Louisan" by the St. Louis County Branch of the NAACP.
Alert: Comment Period for Proposed Rule Requiring BrokerCheck Hyperlinks Expires on June 16, 2014. Learn more.
Publication: Susan Benton was published in the May 27 issue of Employment Law Daily for "Strategic Perspectives - Best practices: Designing a defensible unpaid internship.
News: Greensfelder welcomes the newest member of our Chicago office and our Litigation Practice Group, Liz Austermuehle. Learn more about Liz.
Media Quote: Melanie Renken was quoted in an analysis of the Francine Katz vs. Anheuser-Busch verdict in the St. Louis Business Journal.
News: Eight Greensfelder attorneys named to Chambers USA 2014 edition. Learn more.
News: Congratulations to John Baer, Beata Krakus and Lenny Vines for being named Legal Eagles for 2014 by Franchise Times magazine.
Blog: NLRB Revisits Employee Use Of Work E-Mail For Union Purposes. Learn more.
News: Greensfelder welcomes the newest member of our St. Louis office and our Construction Practice Group, Bill Holthaus. Learn more about Bill.
News: Greensfelder welcomes the newest member of our St. Louis office and our Litigation Practice Group, Shannon Summers. Learn more about Shannon.
Publication: Dan Janich discusses what to do when dealing with non-compete agreements from employers. Learn more.
Alert: SEC Offers Guidance to Registered Investment Advisors on the Interplay of the "Testimonial Rule" and Social Media. Learn more.
Presentation: Doug Neville and Beata Krakus will participate in the 47th Annual IFA Legal Symposium on May 5-6, 2014 in Chicago, Illinois. Learn More.
Publication: John Petite and David Simmons co-authored a chapter on Petroleum Marketing in the American Bar Association - Environment, Energy, and Resources Law Section's 2013 Year in Review. Read the chapter.
Publication: John Baer and co-authors discuss the challenges a non-U.S. franchisor will face in entering the U.S. market in their article published in the International Journal of Franchise Law. Read the article.
Blog: Workers' Compensation Retaliation: Exclusive Causation No More! Learn More.
Presentation: Greensfelder's Keith Herman presented "How to Protect Trust Assets from a Beneficiary's Divorce?" at the Bar Association of Metropolitan St. Louis 25th Annual Estate Planning Institute on April 23, 2014. Learn More.
Presentation: Greensfelder's Dawn M. Johnson presented "Big Data: Opportunities and Challenges in Litigation" on April 11, 2014 at the Petroleum Marketing Attorneys' meeting in Washington, D.C., sponsored by the American Bar Association's Section of Environment, Energy & Resources.
Presentation: Greensfelder's Lucie F. Huger participated as a panelist speaking about data breach, security/privacy issues at the NACo's National Cybersecurity Symposium in Omaha, Nebraska, on April 10, 2014.
Blog: NLRB "Tackles" College Athletics. Learn More.
Presentation: Greensfelder's Dan Janich discusses equity compensation as a tool for LLCs at the National Center for Employee Ownership annual conference.
News: Greensfelder salutes our colleague, Mary L. Reitz, on being selected as one of the "100 St. Louisans You Should Know to Succeed in Business," by readers of St. Louis Small Business Monthly.
Blog: Federal District Court Extends PMPA Constructive Termination Rules to State Franchise Law. Learn More.
Publication: Dan Janich discusses the precautions to take before signing a separation agreement from your employer. Read the full article.
News: Greensfelder Launches Data Breach, Privacy/Security Practice. Learn More.
Blog: Sexual Orientation Discrimination: Michael Sam's Legal Options. Learn More.
Publication: The new edition of "Employee Benefits for Tax-Exempt Organizations," 373-4 Tax Management Portfolio written by Dan Schwartz has been released. Learn more.
News: Franchise attorneys John Baer and Beata Krakus ranked in Chambers Global-wide 2014. Learn More.
Blog: Are These Tickets Refundable? Daughter's Facebook Boast Violates Settlement Agreement. Learn More.
News: Greensfelder welcomes the newest member of our St. Louis office and our Litigation Practice Group, Gino Gusmano. Learn More about Gino.
Blog: Delayed Again! Affordable Care Act Shared Responsibility Penalties Delayed Until 2016 For Certain Employers. Learn More.
News: Greensfelder welcomes the newest member of our Chicago office and our Labor & Employment Practice Group, Susan Benton. Learn more about Susan.
Blog: NLRB Proposes Amendments to the Union Election Regulations. Learn More.
Interview: Kevin Vick was profiled in Leading Lawyers Magazine - Real Estate, Construction & Environmental Edition for 2014. In the article, Kevin discusses the importance of client satisfaction in his practice. Read the article to learn more.
News: Congratulations to Greensfelder's newest officers of the firm: Clark Hedger and Abby L. Risner.
News: Greensfelder salutes our colleague, Eric R. Riess, on being selected as one of the "Top St. Louis Attorneys" by readers of St. Louis Small Business Monthly.
News: Congratulations to John Baer, Dan Janich and Russell Scott who were recognized as 2014 Super Lawyers in Illinois.
Blog: ATTENTION HOSPITALS: Federal Court Holds EMTALA Retaliation Protections Apply to Non-Employed Physicians. Learn more.
News: Greensfelder welcomes the newest member of our Chicago office and our Litigation Practice Group, Courtney Adair. Learn more about Courtney.
Blog: Employee Handbooks Are Not The Place For Arbitration Clauses. Learn more.
News: Congratulations to Chris Pickett of Greensfelder's Litigation Practice Group for earning 40 under 40 honors in the St. Louis Business Journal. Congrats to all of the winners.
Blog: Happy New Year! What's on Tap for the United States Supreme Court in 2014. Learn More.
Blog: Employer Sponsored Benefit Plans Can Provide Reasonable Limitations on Time for Filing Suit Over Denial of Benefit Claims. Learn more.
Greensfelder mourns the passing of colleague and friend Garrett C. Reuter, Sr. Learn more.
Blog: Waiver of Class and Collective Actions Through Mandatory Arbitration Agreements: Alive and Well, Despite the National Labor Relations Board. Learn more.
Blog: Year's End Is a Perfect Time to Review Employees' Non-Compete Agreements. Learn more.
News: Greensfelder welcomes the newest member of our Belleville office and our Litigation Practice Group, John Hipskind. Learn more about John.
News: Greensfelder achieves Top-Tier National, St. Louis and Chicago rankings from U.S. News-Best Lawyers 2014 "Best Law Firms" list. Learn more.
News: ABA Forum of Franchising Recognizes Beata Krakus with the Chair's Future Leader Award. Learn more.
News: 29 Greensfelder attorneys selected as 2013 Missouri & Kansas Super Lawyers and Rising Stars. Learn more.
News: Greensfelder welcomes our new fall associates - Kelsey Kremer and William Wall.
Alert: SEC proposes rule requiring disclosure of CEO-to-Employee pay ratio. Learn more.
News: See the September 2013 issue of St. Louis Small Business Monthly where Greensfelder was named the region's best law firm.
News: The Best Lawyers in America© 2014 recognizes four Greensfelder attorneys as "Lawyer of the Year." Learn more.
News: Thirty Attorneys from Greensfelder Selected for Inclusion in The Best Lawyers in America 2014. Learn more.
Publication: The Southern Business Journal taps Garrett Reuter Jr. for a business owner's guide to planning retirement. Learn more.
Publication: Dan Garner offers guidelines for a franchisor's consideration of gift card breakage in his recent article "Gift Card "Breakage" - Careful Planning Required." Learn more.
News: Danielle Carr named to the St. Louis Business Journal's 2013 class of Diverse Business Leaders. Learn more.
News: Greensfelder attorneys Melanie Renken, Shontaia Riley, and Abby Risner were included in the 2013 list of Missouri Lawyers Weekly Up and Coming Lawyers. Learn More.
News: Greensfelder welcomes the newest member of our Chicago office and our Litigation Practice Group, Thadford Felton. Learn more about Thad.
Alert: The SEC eliminates the prohibition against general solicitation and general advertising in Rule 506 offerings. Learn more about the new Rule.
Alert: Do your arbitration clauses need to be reviewed? American Express v. Italian Colors Restaurant is the latest in a line of recent arbitration-related cases handed down by the Supreme Court. Learn more.
News: Greensfelder welcomes the newest member of our Chicago, IL office and Officer in our Litigation Practice Group, David B. Goodman. To learn more about David, click here.
Blog: Where does wage and hour compliance fall on your radar? Check out the latest blog post on simplyHR to see if it should be a priority for your organization.
News: Congratulations to Erv Switzer on his recent appointment to the Sue Shear Institute Advisory Board. Learn more about the Sue Shear Institute.
News: Nine Greensfelder attorneys named to Chambers USA 2013 edition. Learn more.
News: Congratulations to Jay Nathanson. Jay was recently elected as a Fellow of the American College of Tax Counsel.
News: Lawyers Association of St. Louis Salutes Kevin O'Malley with 2013 Award of Honor. Learn more.
News: Congratulations to Dawn Johnson. Dawn was recently named to the Citizens Advisory Committee for City Arch River 2015. Learn more here.
Publication: Amy Blaisdell discusses unique challenges healthcare employers face when dealing with absence, leave and disability management and offers steps to minimize risk. Read the full article.
Presentation: Patrick Jones will be speaking at the 4th Annual AFA Forum: Value-Based Fee Arrangement & Legal Service Logistics on May 16, 2013 in Chicago, IL. For more information and to register, click here.
Publication: Gregg Lepper and Lucie Huger offer their commentary on the new requirements of the Health Insurance Portability and Accountability Act of 1996 in their recent article "HIPAA's ripple: Act now to avoid being caught in the wake." Learn how the new requirements will effect your business.
Presentation: David Harris will be presenting at the upcoming 2013 ABA Petroleum Marketing Attorneys' Meeting on Friday, April 12, 2013 in Washington, DC. He will be co-presenting on the topic "Pricing Patterns and Behaviors That Cause Litigation Risks." Learn more about the event.
News: Congratulations to our own Andrew Manuel and Vanessa Keith who were selected as one of the Top 100 St. Louisans to Know to Succeed in Business by St. Louis Small Business Monthly.
Publication: Michael O'Shaughnessy offers his opinion and commentary on collaborative purchasing and the major issues interested groups need to address in "Collaborative Purchasing Is An Idea Whose Time Is Now." Read the article to learn more.
News: Congratulations to Kathy Butler who has been selected to receive one of the Missouri Lawyer's Weekly 2013 Women's Justice Awards. Click for more information.
Interview: Kevin O'Malley discusses best practices when choosing a plastic surgeon in "How to: Choose a Cosmetic Surgeon." Read the article.
Event: Greensfelder will be a co-sponsor for the upcoming Swansea Chamber of Commerce Business After Hours on March 20, 2013. Interested in attending? Click here for more information.
Publication: Patrick Jones' and Beata Krakus' article "Franchisee Bankruptcies and Receiverships: What You Don't Know Might Surprise You" discusses provisions in franchise agreements and why they are frequently enforceable. Read the article to learn more.
Interview: Eric Riess was featured in "Belleville lawyer will help get your franchise started" published on the Belleville News Democrat website. In the article, Eric discusses his practice and what he did to get where he is today. Read the article to learn more.
Media Quote: John Petite was mentioned in the February 14, 2013 St. Louis Business Journal article "Schnucks fights back against Wal-Mart price ads" for his work handling a false advertising matter. Read the full article.
Interview: Jennifer Davis discusses the state of Greensfelder's trusts and estate practice group after a large and prestigious New York law firm decided to drop its trusts and estate practice. Read the full article.
News: A Greensfelder legal team helped close one of the largest energy deals this year – a $2.4 billion sale of BP's Texas City, Tex. refinery, four terminals and part of its distribution network to Marathon Petroleum Corp. of Findlay, OH. Team leader John Petite and Abby Risner, Chalegne O'Brien and Daniel Garner provided legal counsel for the sale of several assets including branded wholesaler contracts supplying approximately 1,200 retail sites in Tennessee, Mississippi, Alabama and Florida, as well as trademark licensing and brand support agreements. The team is part of Energy Group, headed by David Harris. Click here to read the story in the February 8 St. Louis Business Journal.
Interview: Jay Nathanson details business strategies to adapt to new tax laws in the February 8 St. Louis Business Journal. Click here to read the story.
News: Congratulations to Greensfelder's newest officers of the firm: Christopher T. Feldmeir, Shannon L. Haney, Jennifer M. Horrom, Beata Krakus, Thomas H. Mug and Daniel P. Schoenekase.
Alert: NLRB Temporarily in Limbo? Chris Bailey explains a recent federal court ruling calling into question the board's current authority. Read more...
Publication: Beata Krakus' recent article "New FTC Business Opportunity Rule May Apply to Some Exempt Franchisors" discusses why franchisors relying on the minimum initial payments exemption or the no written documents exemption to avoid applicability of the FTC Franchise Rule need to take a close look at the new FTC Business Opportunity Rule to see if it applies. Read more...
News: Eric Riess Named "Trainer of the Year" by the Franchise Brokers Association. Learn more.
Publication: Patrick Jones' article "Third-Party Litigation Funding in Bankruptcy Cases" was published in the January 2013 issue of The Bankruptcy Strategist. Read the article.
Publication: Read the observations of Leonard Vines and other industry leaders about private equity's impact on franchising published in the January 2013 issue of the LJN's Franchising Business & Law Alert. Check out the Pros and Cons on pg. 2.
Interview: Patrick Jones was interviewed for the article "Study expects jump in litigation financing" which discusses third party litigation financing, a growing practice in the U.S. Read the article to learn how the practice assisted Patrick on a recent case. (Article originally published in the Chicago Daily Law Bulletin.)
Publication: John Petite's article "How to Enforce Your Trademark Without Being Labeled a 'Trademark Bully'" offers tips on trademark enforcement in the social media age. Read the article for more information.
News: Congratulations to Garrett Reuter, Jr. and Patricia Wharton who were recently elected to the Big Brothers Big Sisters of Southwestern Illinois Board of Directors.
Publication: Valerie Lipic's article "All is in the eye of the beholder" was published in the December 2012 issue of The Catalyst, the newsletter of the ISBA's Standing Committee on Women and the Law. Can women have it all? As the title states, the answer to this is in the eye of the beholder! Read the article now.
Interview: Dayna Johnson is featured in the Illinois Business Journal's December 2012 issue which spotlights women in the law. Click here to read the article.
News: Congratulations to our Franchising & Distribution Practice Group. The group was recently honored in the 2012 edition of the International Who's Who Legal of Franchise Lawyers.The publication dubbed the group a "Midwestern powerhouse".
Publication: Vince Garozzo's and Taylor Hall's recent article "Your Small Law Department's Roadmap to a Deal," published in the December issue of Association of Corporate Counsel, provides a roadmap for the significant M&A landmarks encountered on the trip toward the acquisition or disposition of a business. Read the article for more information.
(Reprinted with permission from the Association of Corporate Counsel 2012
All Rights Reserved www.acc.com)
News: Greensfelder was recently selected for inclusion in The BTI Client Service A-Team 2013; a distinction reserved for law firms whose clients recognize them - by name and without prompting - as unparalleled leaders in client service.
Presentation: Beata Krakus will moderate a panel during a 90-minute live webinar exploring how franchise counsel may help avoid disclosure disputes by resolving some of the most common disclosure drafting issues and disclosure procedural issues that franchisors encounter. The webinar is sponsored by The American Bar Association Forum on Franchising and the ABA Center for Professional Development.
November 2012
News: Congratulations to David Harris. He was named to the St. Louis Business Journal's "Who's Who in Energy" - spotlighting the most influential professionals in the industry encompassing seven cities from Philadelphia to Houston, including St. Louis.
Interview: David Lander was quoted in "Local couple declares bankruptcy 7 times combined, sticks creditors with bills" published on kmov.com. The article discusses a local couple who abuse the bankruptcy system and how this abuse affects the business owners who do not get paid. Read the article or watch the interview for more information.
Media Quote: Mary Ann Wymore's comment regarding a New York federal judge's ruling allowing universities to create a digital library of copyrighted works for preservation and other purposes was published in Westlaw Insiders Legal News blog posting "Fair Use? Experts comment on Universities' digital books project ruling." See what Mary Ann has to say about the ruling.
Interview: The next wave of healthcare changes are coming - are you going to "pay or play?" In the article "Experts comment on health care reform," Doug Neville and Mary Khouri discuss how the upcoming health care reform changes will affect large and small businesses. Read the article for more information.
Event: Thanks to all those who attended this year's Securities Symposium! We are grateful to each panel member for their insights into issues faced by the industry. Materials from the symposium are available here.
Interview: John Petite was interviewed for the Law360 article "Justices Eye Nike's Deal Not To Sue In Trademark Case." The article discusses whether a federal court has continuing jurisdiction over a challenge to the validity of a trademark when the trademark's owner promises not to enforce its rights against the challenger's past and current marketing activities. Read the article for more information.
News: Greensfelder Earns Top-Tier National, St. Louis and Chicago Ranking From U.S. News-Best Lawyers 'Best Law Firms' 2013 Edition. Read the press release for more information.
News: 25 Greensfelder Attorneys Named to the 2012 Missouri/Kansas Super Lawyers and Rising Stars List . Read more.
News: Congratulations to Dawn M. Johnson who was recently chosen as a member of the College Summit Missouri Site Advisory Board. Learn more here.
Interview: "As technology blossoms, businesses protect intellectual property"
Chris Pickett was interviewed for the St. Louis Post Dispatch article. Check out the Q&A here.
Presentation: Amy Blaisdell and Eric Eickmeyer presented "Absence, Leave and Disability Management: A Roadmap to Improve Your Leave Program and Enhance Compliance with State & Federal Law." During the webinar, they discussed steps employers can take to improve the process of administering leaves of absence, improve compliance with the law and reduce the impact of absence on the workplace.
Watch the recording.
Download the powerpoint.
Publication: Is Your Franchise Still Breaking the Gift Card Laws?
Daniel Garner's most recent article discusses the surprisingly extensive ramifications of gift card laws, from both a legal and practical perspective. The article was published in the October 2012 edition of Law Journal Newsletter's Franchising Business & Law Alert. Read the article to learn more about the potential ramifications of gift card laws.
Publication: Beata Krakus' article "The New FTC Business Opportunity Rule Makes Waves: Impact on Franchise Systems" discusses the revised federal business opportunity rule. Read the article to learn more.
News: Congratulations to Mandy Kamykowski on her appointment as Director of Education for the newly formed Greater St. Louis Chapter of CLM. Read the press release for more information.
News: Congratulations to Vanessa Keith on her recent election to the Board of Directors of Mathews-Dickey Boys' and Girls' Club in St. Louis.
Publication: David Lander's article "Through the looking glass of preference recovery reform" expresses outrage at the current state of the law of preference recoveries in bankruptcy and proposes real reform. Read the article to learn more.
News: Congratulations to our own Erv Switzer on his appointment by Governor Jay Nixon to the St. Louis City Board of Police Commissioners. Click here to read the story.
News: Congratulations to Tim Thornton and Dan Schwartz on being selected by their peers for inclusion in The Best Lawyers in America ® 2013.
News: Congratulations to John Baer, Lenny Vines, Beata Krakus and Chris Feldmeir on being selected for inclusion in the 2013 edition of Who's Who Legal's The International Who's Who of Franchise Lawyers.
Alert: Do your non-compete agreements need to be reviewed?
The Labor & Employment Practice Group published a client alert explaining a recent Missouri Supreme Court decision on non-compete agreements and outlines implications of the decision. Read the alert now.
Interview: Michael O'Shaughnessy was featured in Leading Lawyers Magazine - Business Edition for 2012. Read the article here.
Alert: The NEW Medicare Tax on Net Investment Income.
Read the client alert, published by our Corporate Practice Group, to see what you can do to avoid or minimize its applicability.
Presentation: Social Media for Business: The HR & Legal Impact
Read the article in the St. Louis Business Journal that discusses the seminar and its key takeaways.
Publication: Chris Bailey's article "Complacency makes businesses vulnerable to employment discrimination charges" highlights the most common mistakes businesses make that might lead to a discrimination charge. Read the article to learn more.
Publication: Mary Ann Wymore's article "Social Media and Fair Use," evaluates the risk of copyright infringement and the scope of the fair use defense in the expanding world of social media. Read the article now.
News: Legal Services of Eastern Missouri will honor Greensfelder with The Gerald R. Ortbals Outstanding Law Firm Award on August 29. Read more about the honor.
News: Congratulations to Andrew Gulotta on his recognition by the Urban League of Metropolitan St. Louis at the ribbon cutting of the new Community Outreach Center for his work to help acquire the facility. Audience for the ribbon cutting included multiple alderman and many members of the Board of Directors of the Urban League.
Alert: Estate and Income Tax Increases to Take Effect on January 1, 2013. Read the most recent newsletter published by our Trust and Estates Practice Group to see how the increases will affect you.
News: Greensfelder welcomes the newest member of our Litigation Practice Group, Christopher A. Pickett. To learn more about Chris, click here.
Alert: The Employee Benefits Practice Group published a client update discussing the first plan fee disclosure compliance rule and offers some tips on what you should be doing to comply. Read the update now.
Interview: Mary Ann Wymore was interviewed for the article "Law Enforcement Feasts on Cellphone Data" published on the Tech News World website. Read the article to see her comments.
Publication: Doug Neville's article "Businesses need to address withdrawal liability burdens" was published in the Southern Illinois Business Journal. Read the article to learn more about withdrawal liability in multi-employer pension plans and the impact it could potentially have on your business. (Article is on page 9.)
Interview: Doug Neville was featured on KMOX to discuss the June 28, 2012 Supreme Court decision regarding health care reform. Listen to the interview now.
News: Greensfelder welcomes the newest member of our Health Care Practice Group, Shontaia Riley.
News: Greensfelder welcomes the newest member of our Trusts & Estates Practice Group, Garrett Reuter, Jr.
Alert: The Corporate Practice Group published a client alert discussing the SEC's final rules implementing provisions to the Dodd-Frank Wall Street Reform and Consumer Protection Act requiring stock exchanges to adopt listing standards for Compensation Committees. Read the client alert for more information.
Alert: The Labor & Employment Practice Group published a client alert discussing the eight circuit decision clarifying defense to equal pay act claims. Read the alert now.
News: 8 Greensfelder Attorneys Achieve Top Rankings in Chambers USA 2012. Click here to see which of our attorneys and practice groups received recognition.
Publication: William Schmitt's article "Employers: Beware of stumbling genetic markers" was published in the Southern Business Journal. Click here to learn how the Genetic Information Nondiscrimination Act can affect employer-employee relationships.
Event: John Baer, Beata Krakus, Leonard Vines, Dawn Johnson, and Chris Feldmeir attended the IFA Legal Symposium and IFA/IBA Joint Conference the week of May 20, 2012.
John Baer chaired the 28th Annual IBA/IFA Joint Conference on international franchising and moderated several programs. Click here for more information.
Leonard Vines was on the Planning Committee for this year's Legal Symposium.
Chris Feldmeir presented "De-Franchise My License Please: Converting Franchises to Licenses and Vice-Versa."
Dawn Johnson presented "Frequently Arising Issues in Franchise Litigations."
Beata Krakus hosted a roundtable discussion on "Formulating and Using Financial Performance Representations."
News: Greensfelder welcomes the newest member of our Corporate Practice Group, Patrick Sweeney. To learn more about Patrick, click here.
Publication: Michael O'Shaughnessy's article "Negotiating Supply Chain Agreements in a Time of Unexpected Disruptions" was published in SupplyChainBrain. The article discusses today's commercial supply chain agreements, their importance in business transactions and the mischaracterizations often given to them within the legal industry. Click here to read the article.
News: Congratulations to David Harris and Sandra Gallini on defeating an application for TRO and preliminary injunction filed by franchisees operating over 100 Southern California gas stations in the United States District Court for the Southern District of California, as well as Emergency Motions for Injunction to the Ninth Circuit. The franchisees invoked the Petroleum Marketing Practices Act in an attempt to prevent a major integrated refiner from terminating and nonrenewing the franchisees' station leases and fuel supply agreements at the expiration of underlying ground leases held by a third party for the properties. The Greensfelder team served as lead counsel for the principal Defendant, a major integrated refiner. The denial of the franchisees' application paves the way for a timely and orderly return of the stations to the property owners. Read a copy of the opinion here.
News: Russell Scott has been named the 2012 recipient of the prestigious American Inns of Court Professionalism Award for the Seventh Circuit Court of Appeals. Click here for more information.
Publication: Garry Reuter's article "Succession planning vital for family business" was published in the Southern Illinois Business Journal on May 1, 2012. Click here to read the article.
News: Greensfelder welcomes the newest member of our Creditors' Rights & Bankruptcy Practice Group, Eric Peterson. To learn more about Eric, click here.
News: Greensfelder welcomes the newest member of our Creditors' Rights & Bankruptcy, David Lander. To learn more about David, click here.
News: Greensfelder welcomes the newest member of our Corporate Practice Group, Brett Travers. To learn more about Brett, click here.
Publication: Patrick Jones' article "Trading Bankruptcy Claims... Watch Out for the Finer Points!" was published in the ABF Journal's Annual Specialty Lending & Factoring Issue on April 20, 2012. Click here to read the full article.
Interview: Michael O'Shaughnessy was interviewed for the article "Asian disasters drive firms to boost safety stock" published in DCVelocity on April 16, 2012. Click here to read the full article.
Interview: Beata Krakus was interviewed for the article "The Multibillion-Dollar Direct-Selling Industry Dodges the FTC" published in Bloomberg Businessweek Small Business on April 16, 2012. Click here to read the full article.
Publication: Christopher Feldmeir published "Compliance Shortfalls-When It's Time to Say 'I'm Sorry'." in the March issue of Franchising World. Click here to read the full article.
News: Congratulations to Chalegne O'Brien who just closed a $13,000,000 New Market Tax Credit, Federal and State Tax Credit and Brownfield Tax Credit project through her representation of Better Family Life, Inc. for the Ralph Waldo Emerson Elementary Building located in the City of St. Louis. Click here for more information and to read the news article.
News: Congratulations to John Petite on a big appellate victory. John briefed and argued an appeal to the United States Court of Appeals for the Fourth Circuit, which reversed a district court judgment and held that a brand covenant in the real property deed to a gas station was valid and enforceable. The same restriction was used in deeds to more than one hundred stations in Virginia and is thus a critical safeguard of the client's distribution model in that geography. Read the full opinion here.
Alert: Labor & Employment Alert
NLRB "Employment Rights" Posting Survives First Court Challenge, But Enforcement Powers Limited. Click here for more information.
Alert: The NEW Missouri Qualified Spousal (Joint) Trust - The Perfect Asset Protection Technique? This law authorizes the creation of a joint revocable trust by a married couple. Read the full article by Keith Herman and Jennifer Davis to learn more.
News: Congratulations to Erv Switzer on his "Big Assignment." Erv has been asked to compile the state consumer protection laws nationwide for an American Bar Association publication. Switzer, a former Missouri Attorney General chief counsel, will edit work by more than 40 leading consumer protection law attorneys, with publication slated for summer 2013.
Publication: Keith Herman published "Using Life Insurance for Asset Protection - What is really protected?" in the January/February issue of the Journal of the Missouri Bar. The article discusses what life insurance policies are protected from creditors under Missouri law. Click here to read the full article.
News: Greensfelder welcomes the newest member of the Creditors' Rights & Bankruptcy Practice Group in our Chicago office, Patrick M. Jones.
Alert: Employment Discrimination May Become More Difficult to Prove.
Check out this article by our Labor & Employment Practice Group about new bills passed in the Missouri House of Representatives and Senate that would make employment discrimination more difficult to prove. Click here to read the article.
Presentation: Dawn Johnson will be on the bench/bar panel for the 2012 Advanced Trial Skills: Issues in Electronic Evidence program for state court judges March 29-30 at Lake Ozark, MO.
News: Greensfelder was awarded the Legal Employer Diversity Award from Washington University Black Law Student Association for its commitment to diversity in the legal profession.
David Simmons received the Professional Mentorship Award from the organization.
Click here for more information.
Alert: Labor & Employment Alert
The NEW Union Election Process: How will it affect your organization? Click here to read how it will place employers at a disadvantage in union representation campaigns.
News: St. Louis Small Business Monthly names Jennifer Davis and Leonard Vines as "Top St. Louis Attorneys for 2012".
Publication: Mary Reitz recently published the 2011-2012 edition of the MAI Jury Instruction Companion Handbook. The Handbook is designed to assist in the preparation of Jury Instructions.
Presentation: John Petite will be speaking at the 2012 ABA Petroleum Marketing Attorneys' Meeting on April 19-20, 2012 in Washington, DC on brand covenant and right of first refusal issues that arise when retail gasoline station properties are sold. For more information, click here.
Interview: Donald Kennedy was interviewed for the article "Tenants seek protection versus landlord foreclosure" published in the St. Louis Business Journal on January 20, 2012.
News: Greensfelder welcomes the newest member of the Corporate Practice Group in our Chicago office, Michael O'Shaughnessy.
News: Greensfelder welcomes the newest member of the Employee Benefits Practice Group, Thomas H. Mug. For more information, click here.
Alert: Labor & Employment Client Alert: NLRB "Employee Rights" Posting Further Delayed. Click here for more information.
Interview: Chris Bailey was featured in the St. Louis Post Dispatch as well as on KPLR-11 and Fox 2 discussing issues surrounding office holiday parties on December 16, 2011. To watch the interview, click here. To read the article in the Post, click here.
News: Congratulations to the Firm's Construction Practice Group, ranked Tier 1 nationally in the U.S. News – Best Lawyers 2011-2012 Best Law Firms rankings. Click here for more information on all the Firm's rankings.
News: Russell Scott received the prestigious 2011 Distinguished Service to Law and Society Award. The award honors Scott for his significant contributions to law, society and the Illinois Bar Foundation and The Fellows program. Click here for more information.
Interview: Vanessa Keith was interviewed for the Corporate Counsel Desk Book 2012 by Missouri Lawyers Weekly. Her Q and A addresses recent developments in employment law and appears in the section titled, "Law Firm Rankings: Employment."
News: Mary Reitz was recently elected President of the Jefferson County Board of Park Commissioners by the Board's members.
Interview: Jennifer Davis was featured in the November 4, 2011 St. Louis Business Journal article "Exemptions create great era for gifting". Click here to read the entire article.
Event: Greensfelder's annual Securities Symposium was held on November 3, 2011 at the Danforth Science Center with more than 120 compliance professionals, attorneys and regulators in attendance. Special thanks to our esteemed speakers including Linda Feinberg, President of FINRA Dispute Resolution and Assistant Secretary for the U.S. Department of Labor Phyliss Borzi as well as Jane Matoesian, Dennis Capriglione and BAMSL for organizing the event.
Alert: The October edition of the Franchising and Distribution Newsletter is now available. Click here for more information.
News: Congratulations to Keith Herman who was elected to The American College of Trust and Estate Counsel (ACTEC), a national organization of approximately 2,600 lawyers who have demonstrated the highest level of integrity, commitment to the profession, competence and experience as trust and estate counselors. Click here to read more.
News: Congratulations to Russell Scott who received The Pro Bono Service Award for his more than 25 years of pro bono representation and service to the Board of Directors and as President of the Land of Lincoln Legal Assistance Foundation to the Legal Services Corporation.
News: 33 Greensfelder attorneys were named to the Best Lawyers in America 2012 Edition. Click here for more information.
News: Dawn Johnson was selected to participate in the 36th 2011-2012 Leadership St. Louis® class. These participants join a prestigious and diverse group of more than 1,900 community leaders who have graduated from the LSL program since its inception in 1976 through FOCUS St. Louis. Click here for more information.
Publication: Phil Stanton's article "Bounty Hunters: open season on office unity" was published in the August 26, 2011 St. Louis Business Journal. Click here to read the entire article.
Alert: The Summer edition of the Employee Benefits & Executive Compensation Update is now available. Click here to read the newsletter.
Publication: Daniel Janich's article "Without Proper Planning, Contingent Workers Pose Serious Legal Risks to Employer Benefit Plans" was published in the July issue of Employee Benefit Plan Review.
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Oh Fashion, Up Yours: Louise Gray Shares Her Fashion Week Playlist
What's playing on a designer's iPod can sometimes offer a unique insight into their current mood. Not always—with a Judas Priest soundtrack belting out at her latest menswear show, just what kind of mood Miuccia Prada might be in at the moment is still open to debate. But music certainly plays an important part in London designer Louise Gray's life. "I married my husband because he looked like Slash from Guns N' Roses," says the 28-year-old designer. Somehow, we don't think she's joking.
"I listen to different music each season," says Scottish-born Gray. "Last winter it was all about New York's Discoteria and Steve Silk Hurley's 'Jack your Body'; Spring was Iggy Pop's 'I'm Bored' and the Pop Group's 'We Are All Prostitutes.' I like to imagine those moments when things happened through certain clubs and youth movements. I am always inspired by the amount of fun and freedom people seemed to have."
And this season? "I really love the ideals that came from punk, especially Poly Styrene from X-Ray Spex," Gray continues. "These days people seem to be scared of being angry. Having a opinion and not using it is so wasteful. It's stupid not to want to match how you dress to your personal views." Her second solo London show is entitled Up Your Look, a sly nod to X-Ray Spex's famous single, "Oh Bondage, Up Yours." Gray described the new collection as a "lo-fi look at pattern, shape, and volume."
And the studio sound track this season? Well, it's an eclectic mix to say the least, featuring a whole lot of Rhianna ("I love Rihanna at work, though my stylist Richard Sloan has a soft spot for Prince and Sheena Easton's 'You've Got the Look' "), "Since Yesterday" by the Scottish eighties pop duo Strawberry Switchblade, Patti Smith's "Because the Night," Siouxsie and the Banshees' "Happy House" ("on repeat constantly"), Sinead O'Connor's "Mandinka" from her debut album The Lion and the Cobra, and Björk's "Play Dead."
"I love Sinead's hair, Siouxsie's makeup, and Björk's outfits," says Gray. With her wild fashion theatric, it seems fair to assume the daring Icelandic chanteuse would like Gray's outfits, too.
Photo: Yannis Vlamos/GoRunway.com


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I have updated my blog with a short post about boys' training. You may read it by clicking the link in my signature below.
New Post11/4/06
Started by Hans , Nov 04 2006 02:46 PM
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text:
i'm doing it again
a hard veneer
brittle and so so thin
my only barrier
against your endless attack
holding back the tide
with flimsy defense
difficulty eased
by cherished support
you swim in sharklike circles
waiting biding your time
watching wolflike
for the slightest weakness
then plan your attack
i want to be brave
stand my ground
keep you out
you sense i'm alone
and fire your salvo
of arrows poisoned
with your burning hate
for something you profess to love
each direct hit
on my glass thin shield
chips away a piece of me
"You don't sit down and write a wish list about the person you are going to fall violently in love with. It just doesn't work like that." - Stephen Fry


text:
Modern Fatherhood: A Talk with Kindling Quarterly Creator David Michael Perez
Have you seen Kindling Quarterly, the new publication devoted to the subject of fatherhood? Through essays, interviews, editorials, art, and photography, Kindling highlights men whose work and creative lives go hand in hand with parenting. The first issue features an interview with former Onion editor Joe Randazzo, and a host of other illustrators, designers, cooks and musicians.
Kindling was created by Brooklyn resident David Michael Perez and his publishing partner August Heffner (also Creative Director of Marketing at J. Crew). As new first-time dads, both saw a profound lack of honest portrayals of real fathers out there in pop culture and the media. By presenting real-life glimpses of men raising their kids, they hope to contribute to a new discourse about fatherhood.
4 Comments
This sounds very cool.
So needed!!! Yay for doing this!!!
Man, that's expensive.
Charming idea. I don't want to be cynical, I really don't. I read Monocle! I have a doctorate! Also kids! Live in NYC! But gosh, it's so self-consciously retro (the font!) and SO BROOKLYN. Hard not to think it looks like a parody of itself, right out of The Onion, really. I want to live in, what's it called...? Right... Kindling. To gather and to burn. I want to live in Kindling's world. I live more in duraflame log at Food Emporium's world, which is a step above lighter fluid dumped on charcoal's world. But one can dream. Good luck Kindling.


text:
The Clinton satchel from Tyler Rodan keeps you beautifully organized. This great bag features an exterior flap pocket enhanced with a gleaming logo plate. Side slip pockets, an interior zippered pocket, and an interior zippered compartment offer a place for everything. The thick, dual straps are comfortable on your shoulder.
- Synthetic upper
- Printed polyester lining
Price: $79.00


text:
Someone Can't Believe That The Vacation Is Over!
It's always nice to take a few days off, but someone can't believe that the vacation is over. I told her that she looks exactly the same on vacation as she does when we're not […]
Did You Give Your Dog The Popular Name For Its Breed?
The most popular names for dogs are Max for the boys, and Bella for the girls. But, a website called vetstreet.com did a study and found that there are some trends when it comes to […]
A Dogs Eye View Of The Party
A regular video of a party may not be so interesting, but when the cameraman is the dog, it's pretty funny.
Seven Pets and What They Say About a Guy's Relationship Potential
We've seen lists like this before, and they're always pretty stupid. But the dating website YourTango.com has a list of pets and what they say about a guy's relationship potential.
Someone Taught Their Dog How to Jump Rope . . . and It's Really Good at It
Someone taught their dog how to jump rope . . . and it's REALLY good at it. It's not just a single jump-rope either. They taught the dog how to do double dutch!
A Dog Saves A Puppy From The Pool
This video has hit Facebook, but if you haven't seen it, a dog rescues a little puppy from a pool. It gives us new faith in…dogkind.
Dog Of The Week [VIDEO]
[photogallerylink id=103887 align=left] Leo is a energetically the cutest puppy in Arizona, and he is looking for a KOOL home.This blissful puppy is a neutered 2 month old Dachshund / Chihuahua mix. He was brought […]
A Cat Plays The Shell Game
I'm a dog person, but even I have to admit… this is a pretty smart cat! He could probably win some new cat toys in the back alley if he wanted to.
You'll Love The New Commercial From VW Featuring Dogs Barking Star Wars!
Super Bowl Sunday is just two weeks away. Football fans are excited, and so are fans of the commercials that will run during the game. Brands spend millions of dollars to make commercials that America […]
The Average Dog Causes Almost 2,000 Family Fights . . . Here are the Top 20 Reasons
Dog owners seem pretty OBSESSED with their dogs. And that's fine. But the problem with obsession is that it leads to ridiculous, irrational ARGUMENTS. According to a new study, the average dog causes almost 2,000 […]


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Microsoft to migrate Messenger users to Skype on March 15
Posted by John Kilhefner Categories: Corporate News, Microsoft, Software
Microsoft is officially retiring its Messenger service and will redirect users, and their contacts, to Skype.
According to The Next Web, users will retain access to Microsoft Messenger until March 15th, at which point they will then be prompted to join Skype. The migration will be made with your contacts in tow, so that alleviates some of the stress involved in the changing of hands. Mobile users of Skype will be glad to know that Microsoft account support is already mixed in with the iOS, Android, and Windows Phone 8 to make the transfer as swift as possible.
How do you feel about the death of Messenger? Let us know in the comments.
Read More | The Next Web
Google plans fix for Google Maps in Internet Explorer on Windows Phone
Posted by John Kilhefner Categories: Cell Phones, Google, Internet, Microsoft, Software
Maps for Windows Phone users is about to get a little better. According to Google, it is planning on fixing the issue preventing Windows Phone users from reaching the Google Maps website through Internet Explorer. The search giant had this to say:
"We periodically test Google Maps compatibility with mobile browsers to make sure we deliver the best experience for those users. In our last test, IE mobile still did not offer a good maps experience with no ability to pan or zoom and perform basic map functionality. As a result, we chose to continue to redirect IE mobile users to Google.com where they could at least make local searches. The Firefox mobile browser did offer a somewhat better user experience and that's why there is no redirect for those users. Recent improvements to IE mobile and Google Maps now deliver a better experience and we are currently working to remove the redirect. We will continue to test Google Maps compatibility with other mobile browsers to ensure the best possible experience for users."
Google had previously stated that the outage was because its mobile Maps site wasn't designed with IE in mind.
Top 10 Gear Live Videos of 2012
Posted by Andru Edwards Categories: Accessories, USB, Apple, Cell Phones, Features, Handhelds, Home Entertainment, Microsoft, Video Games, Videos
2012 is set to come to a close in just a few hours, and we are just in time with our annual top 10 list of the most-watched Gear Live video episodes. Over the past year, as expected, there was a bunch of Apple gear that made the list, and it's dominated by smartphones and tablets, with the exception of two Monster headphones, a look at the Boeing 787, and a USB 3.0 hard drive.
Oh, and if you wanna be sure to get our new video episodes as they come out in 2013, be sure to subscribe to us in iTunes, on YouTube, or in your RSS reader!
Also, you can check out the top ten videos from 2011, 2010, 2009, 2008, and 2007 - and when you're done, be sure to check out the top 10 most popular Gear Live stories of 2012 as well!
Click to continue reading Top 10 Gear Live Videos of 2012
BlackBerry 10 put to test against Windows Phone 8 and iOS in speed test videos
Posted by Jason Diaz Categories: Apple, Cell Phones, Handhelds, Microsoft, Videos
GadgetMasters has uploaded two videos to YouTube that compare HTML5 benchmark tests of a BlackBerry 10 development device with an HTC 8X Windows Phone 8 device, and of course, the iPhone 5. See who comes out on top. RIM will launch BlackBerry 10 on January 30th in New York.
Click to continue reading BlackBerry 10 put to test against Windows Phone 8 and iOS in speed test videos
Read More | BGR
SmartGlass apps updated for Interactive sports experience on Xbox 360
Posted by John Kilhefner Categories: Home Entertainment, Microsoft, Software, Video Games
If you're not familiar with the SmartGlass second-screen app for Microsoft's Xbox 360, it is an app that seeks to improve user viewing experience by connecting the 360 console to smartphones and tablets. Sports fans might be in for a new reason to download the app if they haven't already, as Microsoft is bringing SmartGlass functionality to it's ESPN and NBA Game Time apps, as well as a new Sports Picks app.
From the SmartGlass app for iOS, Android, and Windows, you will be able to navigate the content from the apps directly from the tablet or smartphone. SmartGlass also brings more interaction to the viewing experience, such as allowing competition between friends to see who is most knowledgeable about whatever they're watching, with the chance to be featured in a global leader board.
Consumer Report Picks Windows 7 over Windows 8
Posted by Jason Diaz Categories: Microsoft, PC / Laptop, Product Reviews, Software
Consumer Reports thinks that, for the time being, you're better off sticking with Windows 7 and waiting on Windows 8. The consumer ratings publication provides pros and (mostly) cons of Windows operating systems, and ultimately comes to the conclusion that updating to Windows 8 is not worth the upgrade at its current state. Windows 8 has received mostly lackluster reviews from technology internet sites. Most of them being flummoxed as to what went into the decision-making at Microsoft. Still, according to Microsoft, Windows 8 is selling faster than when Windows 7 launched; but there's a question as to where these numbers came from. Here's an excerpt:
"A quick look at our newest computer Ratings tells an interesting story: Despite the release of the new Windows 8 OS, many Windows 7 computers are still available from a variety of retailers, and several top our Ratings. If you're shopping for a new computer right now, there are some good reasons to opt for Windows 7." - Consumer Reports
Read More | Consumer Reports
Microsoft releases 2012 highlight reel video
Posted by Jason Diaz Categories: Cell Phones, Handhelds, Microsoft, Software, Video Games, Videos
Microsoft is not shy about patting itself on the back. Here's the 2012 highlight reel that it put together, showcasing company milestones like Halo 4, Kinect, and their re-imagining Surface tablet.
There's no question that it's been a momentous year at Microsoft. The company introduced the world to Windows 8 and Windows Phone 8, announced its family of Surface PCs, showcased a new version of Microsoft Office and released "Halo 4," keeping up a steady rhythm of advancements across its most popular products for individuals and businesses throughout the year. - Microsoft
Click to continue reading Microsoft releases 2012 highlight reel video
Read More | Microsoft
Facebook 4.1 for Windows Phone 8 brings speed improvements
Posted by John Kilhefner Categories: Cell Phones, Microsoft, Software
A new update for Windows Phone 8's Facebook app doesn't bring new features, but does make the app a lot faster and more responsive. Similar to the recent Facebook app updates on Android and iOS, this one focuses on the general performance of the app, and eliminates the lag from the older version.
Windows Phone 7 devices, however, aren't capable of running the new update. UK users will assuredly find the Facebook version 4.1 update in the UK Windows Phone Marketplace, but its not quite available in all markets yet.
Read More | Windows Phone
Microsoft Surface with Windows 8 Pro drops in January for $899
Posted by Andru Edwards Categories: Corporate News, Microsoft, PC / Laptop
If the Surface with Windows RT isnt sporting the power and flexibility you need (check our Microsoft Surface review,) then the Surface with Windows 8 Pro would be more your jam, and Microsoft has finally announced pricing for the beefed up slate. Surface with Windows 8 Pro will be available in early 2013 (read: at least 3 months later than it should have been release) in two configurations: a 64GB standalone version priced at $899 and a 128 GB standalone version priced at $999. Both models will include a Surface pen with Palm Block technology.
What do you think? Have you been holding out for the Surface Pro? How does that price range hit you?
Read More | Microsoft Blog
Microsoft readying OTA update remedy for Windows Phone 8 reboot epidemic
Posted by John Kilhefner Categories: Cell Phones, Microsoft, Software
Microsoft has gotten to the bottom of the random Windows Phone 8 reboots, and is issuing an OTA update by December. The company, however, won't reveal the problem.
Here's what Microsoft had to say: "We're continuing to investigate some reports of phones rebooting and have identified a cause with our partners. We are working to get an over-the-air update out in December."
If you're currently one of the people with affected phones, let us know in the comments what model you have, as Microsoft hasn't detailed the types of phones affected or whether it's all Windows 8 devices.
Read More | AllThingsD
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Last week the Oregon Court of Appeals reinforced the challenges facing parties seeking prejudgment interest. In Davis v. F.W. Financial Services, Inc., defendant asserted a counterclaim for conversion of funds, and sought interest accruing on that sum of money through the date of judgment.
According to the court, a claim for prejudgment interest is properly pleaded when the claimant alleges the exact amount due and the dates during which the claimant was deprived of the funds. While the defendant in Davis did allege in its counterclaim the exact amount converted by plaintiff, defendant was denied prejudgment interest because it incorrectly stated the date on which the conversion began. The court reached that result even though the plaintiffs themselves had properly stated in their complaint the date on which they took control of the funds. Because defendant "pleaded only legally erroneous dates" it was not entitled to prejudgment interest.
The Oregon Supreme Court earlier this month refined its test for personal jurisdiction, rejecting thirty-year-old precedent and adopting a flexible approach consistent with more recent U.S. Supreme Court case law.
Robinson v. Harley-Davidson Motor Co. focuses on the test courts use to determine whether a lawsuit arises from or is related to the out-of-state defendant's contacts with the forum. In Robinson, plaintiff was a resident of Oregon who purchased a motorcycle in Oregon, had the motorcycled serviced by defendant dealership in Idaho, and was injured in Wyoming due to defendant's allegedly negligent repair. Plaintiff sued defendant in Oregon, and defendant sought to dismiss on the ground that it was not subject to personal jurisdiction in an Oregon court.
Plaintiff argued for specific jurisdiction, claiming that defendant was subject to suit because it engaged in activity in Oregon and the claim arose from or related to that activity. While the defendant dealership had no physical presence in Oregon, its contacts with the state included selling a limited number of products to Oregon residents through its interactive web site, advertising in publications distributed in Oregon, and selling products to Oregon residents who visit its Idaho location.
In 1982 the Oregon Supreme Court held in State ex rel. Michelin v. Wells that a court may exercise personal jurisdiction when at least one of the defendant's contacts with the forum state is substantively relevant to the cause of action. The court in Robinson acknowledged that this so-called "substantive relevance" test has been rejected by certain federal courts as "mechanical and rigid" and not consistent with more recent U.S. Supreme Court opinions on personal jurisdiction. The court accordingly disavowed Michelin, and stated that litigation arises from and relates to the defendant's activity in the forum if the activity (1) is a but-for cause of the litigation and (2) provides a basis for a determination that the litigation was foreseeable.
Applying this test, the supreme court concluded that defendant's contacts in Oregon were not such that it was reasonably foreseeable that it would be sued in Oregon as a result of work performed in Idaho. On that basis the court affirmed dismissal of the claim against the dealership.
Courts considering motions to certify a class action can't shy away from considering the merits, if doing so is necessary to determine whether the class meets the requirements of FRCP 23(a). That was the conclusion reached last week by the US Supreme Court in Comcast Corp. v. Behrend.
In Comcast, the plaintiffs sought to certify a class of Comcast cable television customers in the Philadelphia area. Plaintiffs claimed an antitrust violation arising out of Comcast's acquisition of competitor cable providers. In order to certify a class action under FRCP 23(a), plaintiffs were required to show, among other things,that damages were measurable on a classwide basis through a common methodology. In agreeing to certify the class, the Third Circuit Court of Appeals refused to entertain certain of defendant's arguments about the plaintiffs' damages model because those arguments had a bearing on the merits of plaintiffs' claim.
Justice Scalia, writing for the majority, stated that the inability of plaintiff's expert to tie the above-market prices to the alleged antitrust violations made the case improper for class certification. The Third Circuit's refusal to address that issue because it touched on the merits was improper.
The Oregon Court of Appeals last week affirmed a jury award of $100,000 in punitive damages in a case where compensatory damages were $500. The Court applied the standards set forth by the Oregon Supreme Court last year in Hamlin v. Hampton Lumber Mills, Inc., finding that the defendant engaged in sufficiently reprehensible behavior to justify punitive damages 200 times compensatory damages.
In Lithia Medford LM, Inc. v. Yovan, defendant purchased an automobile from plaintiff, and soon thereafter found a discrepancy between the mileage on the odometer and the actual mileage. Following an extended dispute over how to resolve the issue, plaintiff sued to rescind the sale due to mutual mistake. Defendant counterclaimed for violation of the Oregon Unlawful Debt Collections Practices Act. The trial court reduced the jury's award of $100,000 in punitive damages to $2,000, to bring it in line with the modest amount of compensatory damages.
Hearing the case en banc, the Court of Appeals split on whether the trial court properly reduced the punitives award to a single-digit multiple of the compensatory damages. Judge Nakamoto, writing for the majority, stated that the consumer had proven that the car dealer "repeatedly used deceptive and abusive tactics against a financially vulnerable consumer to enhance its financial interests." The court also pointed to the dealer's "arrogant presentation to the jury of its position that it had done nothing wrong" to justify retaining the jury's punitive damages award. These facts supported the 200-1 ratio of punitive to compensatory damages.
Judge Wollheim, writing for the minority, advocated for reducing the punitives to $25,000, which is comparable to the statutory penalties available under the Unlawful Debt Collections Practices Act.
See our discussion of Hamlin, and its analysis of punitive damages in cases in which compensatory damages are small, here.
Even famed test pilot Chuck Yeager can't avoid the sham affidavit rule. Last month the Ninth Circuit affirmed a district court judge's decision to disregard a declaration that Yeager submitted in opposition to a summary judgment motion, on the ground that it contradicted his earlier deposition testimony.
In Yeager v. Bowlin, Yeager filed suit in the Eastern District of California against sellers of aviation-related memorabilia, claiming, among other things, violations of the Lanham Act and California's common law right to privacy. Yeager -- who gained fame when he was featured in the book and movie The Right Stuff -- was deposed in connection with the lawsuit and reportedly remembered "almost nothing" about events central to the case. He was unable to recall answers to approximately 185 questions. Yet in response to defendants' summary judgment motion, he submitted a declaration in which he recalled the same events "with perfect clarity."
The sham affidavit rule provides that a party cannot create an issue of fact and avoid summary judgment by offering an affidavit contradicting his prior deposition testimony. Yeager argued that the declaration was not a sham because it did not contradict his deposition testimony, but merely showed that he had later "refreshed his recollection" by reviewing documents.
The Ninth Circuit held that a declaration may be rejected as sham when it contains facts that the declarant previously testifed he could not remember. While courts should not make credibility determinations when granting or denying summary judgment, in this case the disparity between the declaration and the deposition was "so extreme" that no juror would believe the explanation provided for the later recovery of memory.
Buried in a lengthy Ninth Circuit opinion about a controversial Arizona sheriff is a procedural nugget of interest to federal court litigants: Failure to reallege a dismissed claim in an amended complaint no longer constitutes a waiver of the right to appeal the dismissal of that claim.
In Lacey v. Maricopa County, journalists asserted civil rights claims against Sheriff Joe Arpaio and others, claiming retaliation in violation of the First Amendment, false arrest, and selective prosecution. An en banc panel of the Ninth Circuit last month denied defendants' motions to dismiss and determined that the claims can proceed against Arpaio and two county prosecutors.
While none of the parties briefed the issue, the court sua sponte addressed whether plaintiffs had waived their right to appeal the dismissal of claims against one of the prosecutors by failing to name him as a defendant in an amended complaint. The court's longstanding rule, which it called the Forsyth rule, is that a plaintiff waives all claims alleged in a dismissed complaint which are not realleged in an amended complaint. Criticized as harsh and overly formalistic, the rule has been rejected by other circuits.
The court disclaimed the Forsyth rule and held that "for claims dismissed with prejudice and without leave to amend, we will not require that they be repled in a subsequent amended complaint to preserve them for appeal." As to claims dismissed voluntarily, the court will continue to consider them waived if not repled.
When a plaintiff invokes the federal courts' diversity jurisdiction, it must plead both the state of incorporation and the principal place of business of corporate parties. In 2010, the U.S. Supreme Court in Hertz Corp. v. Friend adopted the "nerve center" test for determining a corporation's principal place of business. Earlier this month, the Ninth Circuit held in Harris v. Rand that, while Hertz provided a uniform test for determining subject matter jurisdiction, it did not adopt a heightened pleading standard for the allegations supporting diversity jurisdiction. So it's sufficient for a complaint asserting diversity jurisdiction to state the location of a party's principal place of business; plaintiffs are not required to plead facts showing why that location is the "nerve center." But the Ninth Circuit warned that, if the allegations of a principal place of business are "implausible," then the District Court has the authority to require more specific pleading.
See our earlier coverage of Hertz here, and our coverage of Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, the Supreme Court's key opinions regarding federal court pleading standards, here and here.
The Oregon Court of Appeals last week drew a hard line in enforcing the procedures for recovering attorney fees. In Anderson v. Dry Cleaning To-Your-Door, Inc., the Court reversed a trial court award of more than $100,000 in attorney fees to plaintiffs who successfully defeated contempt sanctions, on the ground that plaintiffs failed to allege the right to fees in a pleading or motion as required by ORCP 68C(2).
In Anderson, plaintiffs in a breach of contract case obtained a judgment against defendant which included a non-competition provision. Defendant later claimed that plaintiffs violated the non-competition portion of the judgment, and initiated contempt proceedings against plaintiffs under ORS 33.055. The trial court found plaintiffs were not in contempt, and requested that the parties prepare a proposed judgment.
The trial court entered plaintiffs' proposed form of judgment, in which plaintiffs asserted for the first time an entitlement to recover their fees in the contempt proceeding. Defendant objected that plaintiffs did not allege a right to attorney fees in a pleading or motion as required by ORCP 68C(2), but the trial court nonetheless awarded the requested fees in the amount of $115,980.
On appeal, the Court of Appeals held that plaintiffs could not avoid the obligation to state in a pleading or motion the facts, statute or rule that entitled them to recover fees. That obligation exists even though plaintiffs did not initiate the contempt proceedings. Because plaintiffs did not comply with ORCP 68C(2), the Court reversed the award of fees.
Earlier this month the Oregon Court of Appeals ruled that a three-year statute of limitations for final paycheck penalty claims begins to run at the end of the 30-day penalty period.
ORS 652.140 specifies the time in which the employer must pay an employee's final wages. ORS 652.150 imposes a daily penalty for late payment of the final wages. The daily penalty is calculated by multiplying the employee's hourly rate by eight hours. The daily penalty runs for up to a maximum of 30 days, but stops accruing if either (1) the employer pays the wages or (2) the employee sues for the wages.
The statute of limitations for final paycheck claims has been disputed. Employers have argued for the application of the one-year statute of limitations established by ORS 12.130. Plaintiffs have argued for the application of the three-year limitation specified in ORS 12.100(2) with some success at the trial court level. In Russell v. U.S. Bank, the Oregon Court of Appeals applied the three-year limitations period. Further, the court held that the three-year period does not begin to run until the total amount of penalty wages owed to the employee has accrued. In other words, if the final paycheck is not paid for 30 or more days, the claim does not accrue until the 30th day. The court emphasized that "the key point is that the employee's cause of action . . . is for the penalty wages themselves, not for the earned wages that the employer should have paid the employee on his or her last day of work."
The employee has a single penalty claim which increases by one day of wages for each day the final wages remain unpaid, up to a maximum of 30 days. In this case, the employee sued three years and eight days after her termination. Because her final wages remained owing after 30 days following her termination, the court ruled that her claim was timely filed.
On Monday, a divided U. S. Supreme Court wrestled with the scope of personal jurisdiction in a products liability case. A concurring opinion signaled that the Court may in the future be open to re-assessing standards for personal jurisdiction in light of, for example, the use of the Internet in commerce.
J. McIntyre Machinery Ltd. V. Nicastro involved a plaintiff, Nicastro, who was injured while using a metal-shearing machine manufactured by the defendant, J. McIntyre Machinery, in England. Nicastro sued J. McIntyre in New Jersey state court. The New Jersey Supreme Court held that jurisdiction over defendant was appropriate under the "stream-of-commerce" doctrine, because the manufacturer knew or reasonably should have known "that its products are distributed through a nationwide distribution system that might lead to those products being sold in any of the fifty states."
Justice Kennedy, writing for a plurality of four, reversed the New Jersey Supreme Court, holding that the "stream-of-commerce" doctrine was insufficient to establish jurisdiction. Justice Kennedy revisited the competing opinions set out in Asahi Metal Industry Co. v. Superior Court of California, 480 U.S. 102 (1987), noting that "[t]he rules and standards for determining when a State does or does not have jurisdiction over an absent party have been unclear because of decades-old questions left open in Asahi Metal." Justice Kennedy criticized Justice Brennan's Asahi Metal concurrence, stating that "a [jurisdictional] rule based on general notions of fairness and foreseeability is inconsistent with the premises of lawful judicial power." Instead, "it is the defendant's actions, not his expectations, that empower a State's courts to subject him to judgment."
Justice Kennedy noted that the claim of jurisdiction over J. McIntyre centered on three facts: (1) an independent company agreed to sell machines manufactured by J. McIntyre to buyers in the U.S., (2) J. McIntyre's employees attended annual conventions in the U.S., but not in New Jersey, to advertise the machines, and (3) no more than four machines ended up in New Jersey. Justice Kennedy held that these facts were insufficient to establish jurisdiction, because while "[t]hese facts may reveal an intent to serve the U.S. market, . . . they do not show that J. McIntyre purposefully availed itself of the New Jersey market."
Justice Breyer, joined by Justice Alito, concurred in the judgment. Justice Breyer found that it was unnecessary to critique the tests of foreseeability and fairness, as Justice Kennedy did, because the case came within existing precedent. He stated that the Court had never held that "a single isolated sale, even if accompanied by the kind of sales effort indicated here, is sufficient" to establish jurisdiction. Justice Breyer then criticized the "strict rules" set out in the plurality opinion, which "limit[ed] jurisdiction where a defendant does not intend to submit to the power of a sovereign and cannot be said to have targeted the forum." Justice Breyer also signaled that he was open to revisiting the issue of personal jurisdiction in the future, noting that "there have been many recent changes in commerce and communication, many of which are not anticipated by our precedents." He noted, however, that "this case does not present any of those issues," and that it was "unwise to announce a rule of broad applicability without full consideration of the modern day consequences."
As in Asahi Metal, no opinion won the support of a majority of the Justices. Therefore, the Court's holding is the narrowest holding that did have the assent of a majority of the Justices, which is likely Justice Breyer's concurrence. Justice Ginsberg dissented, joined by Justices Sotomayor and Kagan.


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dont judge me for things i did a few seconds ago ive changed since then
(Source: prince-warp)
How does it feel? It STILL feels damn good.
If there is one video that I can watch all day. It has to be this one.
I'm leaving you w/ this…'night!
Too bad he looks terrible now, but we'll always have the memories
(Source: husssel)
Like on my plane ride to Hong Kong, I was watching a movie that got me teary, until the lights suddenly turned on and the air hostesses came up to serve us when I was still in the middle of being absorbed in these feelings of fictional sadness.
I have an amazing talent of getting caught crying during movies.
Last time I was watching X-men first class, sitting next to this obnoxious teenager who SUDDENLY for NO GODDAMN REASON decided to LOOK AT ME when I was getting teary at whatshisface trying to move the hugeass satellite dish thing, in which he turned to his friend saying: "OH MY GOD THE GIRL SITTING NEXT TO ME IS CRYING" Dishonour to my family, dishonour to my cow.
I was bawling my eyes out at the end of Valkyrie and my friend had to ask me if I was okay.
Guys just
let me sit here
feeling these feelings
I am reblogging this because it is the definition of Olive.
Do you see that girl sitting second from the back of the classroom by the window? She was diagnosed with shoujo three months ago. See that student hitting blantantly on his teacher in school? He has the yaois. See that girl running down the street with a piece of toast in her mouth,…
(Source: baltics)
(Source: kidohcudi)