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The $500,000 Barking Dog: Ignoring Problems Generally Makes Them Worse

The legal system is a serious place for people to resolve serious disputes. Still, we hear about presumably ridiculous lawsuits brought for ridiculous reasons. Our legal system gives lawyers tools to weed out frivolous lawsuits. Here’s the catch: The legal system does not protect you if you don’t act to protect yourself. Sound familiar? “The Lord helps those who….” The case that follows shows how one might turn a small problem in to a huge one. In 2012, a woman was sued by he

Employment: Sometimes it’s Hard to Fire a Crook

It is well known that corporate fraud and embezzlement is rampant. Companies spend billions on financial controls, auditing, and internal investigations to prevent this conduct. A good prevention program mitigates risk. A good internal investigation develops support for a civil suit or criminal prosecution, or at least grounds to fire the bad guy(s). However, at least in London, companies recently had a bit of trouble firing employees who stole for them, via foreign exchange

Trademarks: What is a Frappuccino, really?

Trademarks: What is a Frappuccino, really?

I’ll fail to answer that question later. The U.S. Patent and Trademark Office (USPTO) grants and maintains trademarks. What is a trademark? USPTO lawyers helpfully tell us a “‘trademark’ protects the use of a word, name, symbol or device that is used in the trade of goods to identify the source of the goods, distinguishing the goods from those produced by another.” What? In plain English, a Mark (a trademark) can be a word or phrase, a symbol, or a combination. It is intended

Buyer Beware: But Don’t Blame the Bad Guy if You Don’t Use Your Head.

Most of us know that people manipulate us to sell stuff. Lawyers categorize this manipulation as either “puffery,” which is legal, or “misrepresentation,” which is not. And, even in instances of illegal misrepresentation, the law does not help people who don’t use common sense to see through a pitch. You might call this the, “it’s not the liar’s fault that the guy is stupid” defense. Believe it or not, the law also allows claims against a stupid liar. [Maybe there is a “st

Black Friday Blues: People Get Hurt in Crowded Stores

Following the serenity of Thanksgiving, many of us immediately pivot to the contemporary joy of Christmas - shopping. The day after Thanksgiving, many of us wake in the dark at 4 a.m., grab a coffee, and join the pilgrimage with our community to the local big box store. We patiently stand in the cold, waiting. Yes, we are talking about Black Friday. We discuss Black Friday because when the doors open, and the crowd floods in, shoppers are injured by the pushing and shoving m

Collecting Monies Owed

Before addressing this less than exciting topic, I want to wish all of you Happy Holidays, Merry Christmas, Happy Hanukkah, Happy Kwanza, and a Joyous New Year. This next year is shaping up to be a challenge which will make us smarter and stronger. Hard work and careful planning will get us through it to enjoy the recovery. The current economic disruption is presenting us with opportunities which some of my clients are exploring. However, many of us are confronting the “dark

Alternative Dispute Resolution - Not the Best, and Not the Worst

For me, the most appealing aspect of practicing law is meeting people and resolving their business and litigation issues. My current pet peeve is arbitration. Recently, I have represented a number of arbitration litigants. The process offers hope of efficiency, but this can be illusory. While the process can produce good results, it is plagued with flaws that are better addressed by the court system. When putting a deal together, clients can be averse to facing the negative

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Swimming with Sharks:

a lawyer's view of the profession

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DISCLAIMER: The information discussed in our blog is generally gathered from third party publications. The Shaffer Law Firm does not assert the truthfulness of the content of third party publications. The information from third party publications is repeated solely for commentary on the legal system and how best to use it, it is not meant as commentary on the persons and facts actually involved.

"Faith is taking the first step even when you don't see the whole staircase"

Martin Luther King, Jr.