Name: Monster Energy Drink Accused in Teen Death [Video] @LawyerscomLegalBeat
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Monster Energy Drink Accused in Teen Death [Video]

Lawyers.com Legal Beat 2026-09-22 | Monster Energy Drink Accused in Teen Death [Video]

Innocent People Fall Victim to Civil Forfeiture [Video]

Lawyers.com Legal Beat 2013-11-07 | Imagine losing your house, your car, or even your money to law enforcement, but not being charged with or convicted of a crime.

"The presumption of innocence that applies in every criminal case, which is mandated by the constitution, does not apply in the civil forfeiture arena," says Matthew Lee, a partner at the law firm Blank Rome in Philadelphia.

Civil forfeiture is happening in towns and cites across the country and it is perfectly legal.

"The defendant is a piece of property. It's not a person. And that is, that makes forfeiture really an unusual legal concept." says Lee.

Civil forfeiture has been around for hundreds of years, but during the Reagan administration, laws were written to allow the federal government to seize property connected to drug criminals, according to Lee.

"They wanted to be able to take away the tools of their trade. The tools that allowed drug kingpins to facilitate the massive trafficking of narcotics."

States and local municipalities wrote their own forfeiture laws and today proceeds from the sale of seized property can be used by those agencies in the war on drugs.

In Philadelphia, courtroom 478 is where the civil forfeiture process begins. It's where the prosecutor and the property owners first meet.

Usually the property owner is not represented by a lawyer and because forfeiture is a civil proceeding and not criminal, there is no right to an attorney.

"A layperson, with no training in the law has an extraordinarily difficult time navigating the courtroom 478 process, frankly many lawyers have a difficult time navigating that process." says Lee.

Lee is also the president of the pro bono arm of the Philadelphia Bar Association, Philadelphia VIP, a clearinghouse that matches up lawyers with low income clients who need attorneys. If you receive a notice of civil forfeiture, Lee suggests the following:

Don't ignore the initial paperwork.

Show up at the place, date and time on the notice you receive.

Find an attorney.
Legal service organizations can help with what's called the innocent owner defense.

"You have to prove, in a court of law that you were not involved in the underlying criminal activity and that you weren't aware of the underlying criminal activity," says Lee.

He believes that if property owners were granted the right to an attorney, that it would level the playing field.

"Because right now, the way the system works, it is, it is horribly out of balance and it weighted greatly in favor of the government."

Meanwhile, a law written to cripple drug kingpins is catching a lot of innocent people in its net.

N.J. Ban on Gay Conversion Therapy Faces Lawsuit [Video]

Lawyers.com Legal Beat 2013-11-07 | "The therapists told my parents, at the time, that I was at risk of being pre-homsexual," says Mordechai Levovitz, a gay social worker in New York. "And there are things that they can do to stop me from turning gay."

He founded an organization called Jewish Queer Youth or JQY.

"I was hearing pain. I was hearing frustration, I was hearing shame. The conversion therapy was actually causing them the anxiety and the trauma."

Every day, Levovitz hears horror stories about members who have undergone gay conversion therapy.

It was stories like those that convinced the New Jersey legislature to pass a law banning the practice that has been called unscientific by some and child abuse by others.

"There have been many reported instances of, especially teenagers who go through the program. Parents send them to this program and they come out. They are still gay but instead of building the child up, they tear the child down and they devalue them," says Reed Gusciora, a New Jersey state legislator.

The so-called "therapy" has been condemned by the American Psychiatric Association. which states, "altering sexual orientation is not an appropriate goal of psychiatric treatment."

New Jersey became the second state to ban gay conversion therapy in August 2013. It has been the law in California since the beginning of 2013 and it was recently upheld by the U.S. Ninth Circuit Court of Appeals. Now, New Jersey's law has also been legally challenged.

While supporters say that the ban protects the civil rights of children, there are some religious groups that have filed suit. They claim that it abridges their First Amendment freedoms and violates parents' rights.

"This kind of a law is unprecedented in the sense that it puts the state in between the counselor and the client," says Mat Staver, the founder and chairman of Liberty Counsel, which is representing counselors and their clients in the New Jersey appeal.

"From the counselor standpoint, they have First Amendment free speech and also free exercise of religion. From the client's and particularly from the parent standpoint as well, we are looking at it from also a right to receive information and a right to free exercise of religion," says Staver.

Gusciora disagrees.

"We don't mean to interfere with any religious teachings or religious counseling, that can remain, but this is for a licensed psychologist or psychiatrist should not be offering gay conversion therapy in the state," says Gusciora.

Staver and his clients see the case going to the highest court in the land.

"I think this kind of a case though, has Supreme Court written all over it, because it has never happened in the history of counseling where the state has told counselors that they can only offer one viewpoint," says Staver.

Pennsylvania and Ohio are considering similar legislation and Liberty Counsel promises to file suit should any other states enact a ban.

Newsbreak: OSHA Issues New Standards for Hazardous Chemicals [Video]

Lawyers.com Legal Beat 2013-11-07 | The push for green initiatives is opening up myriad opportunities for new businesses, and the need to know what's going on with environmental laws.

The Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA) issued new standards for employers to voluntarily reduce the level of hazardous chemical exposure. OSHA says its current rules, drafted in the 70s, are "dangerously out of date" and tens of thousands of workers get sick and die from being exposed to chemicals at the workplace.

OSHA has put online a toolkit of chemical substitutions and processes to make the workplace safer. It also posted tables with limits for chemical exposure.

A non-profit, The Post Sustainability Institute, filed a lawsuit to stop the San Francisco Bay Area's long-range land use and transportation plan. Plan Bay Area limits new construction to designated locations. It coordinates development and transportation to reduce greenhouse gas emissions from vehicles. The plan promotes compact, mixed-use commercial and residential development. It aims to preserve the quality of life with strategic growth, considering environmental impacts.

The Post Sustainability Institute claims the planning violates voters' rights to determine their urban growth and violates the 5th and 14th Amendments. This organization says it tracks the sustainability movement, including unchecked outcomes.

Finally, the U.S. Supreme Court agreed to review a climate change case, the Coalition for Responsible Regulation v. EPA. The high court will decide whether the U.S. Environmental Protection Agency's (EPA) regulation of greenhouse gases from new motor vehicles trigger permit requirements under the Clean Air Act for stationary sources that give off greenhouse gases. This includes power plants and refineries.

Manufacturing associations and the American Petroleum Institute say the regulations threaten U.S. competitiveness and raise consumer prices.

The EPA says elevated levels of greenhouse gases in the atmosphere are posing dangers to current and future generations.

Newsbreak: Video Gamers Sue to Play Online [Video]

Lawyers.com Legal Beat 2013-10-21 | Larry Bodine, editor-in-chief of Lawyers.com provides today's Newsbreak about what happens when you tell millions of video game players that they can no longer compete against each other online.

Competing online is huge. For example, 5,000,000 people a day use Electronic Arts Internet services to play each other online using Xbox Live, Nintendo Wi-Fi connection and PlayStation Network.

Recently, a class action lawsuit filed in New York federal court charged EA with false advertising and breach of warranty for cutting off online gameplay on several popular games.

Justin Bassett of Brooklyn filed the case. He bought some of the most popular games like EA Madden NFL 10, NCAA Football and Tiger Woods PGA Tour for $60 apiece. EA told buyers on the game labeling and packaging that they could play online indefinitely. The gamers say they would not have bought the games or would have paid less for them if they had known that EA would stop supporting online play. The gamers are seeking at least $5 million in damages plus restoration of online gameplay.

EA retires online play of older games after releasing newer versions of the game. On its website, EA says, "The decisions to retire older EA games are never easy. We would rather our hard-working engineering and IT staff focus on keeping a positive experience for the other 99% of customers playing our more popular games."

EA has retired 20 games so far in 2013, including BattleForge, The Sims Social for Facebook and Rock Band for iPad and iPhone.

Stay tuned as the court case goes to the next level.

Newsbreak: Yahoo! and LinkedIn Sued for Violating Privacy

Lawyers.com Legal Beat 2013-10-21 | Betsy Kim, editorial director of Lawyers.com, provides today's Newsbreak with information on your Internet privacy.

Yahoo! is being sued by users of its email system. The plaintiffs claim Yahoo! illegally reads, copies and analyzes emails to make money with targeted advertising and data collection. They say this violates California's Invasion of Privacy Act and the federal Electronic Communications Privacy Act.

The complaint states Yahoo! put in a new default email system, telling email account holders it would look for keywords and links to protect against spam and serve users with Internet-based advertising to personalize the experience. The plaintiffs say this is not necessary for the transmission of emails, the basic operations of Yahoo! Mail.

You might want to check your LinkedIn account settings.

The social networking company is facing an Internet privacy class action. It's accused of hacking into users' email accounts and downloading email addresses without clearly notifying users or obtaining consent. The plaintiffs say LinkedIn then uses those addresses to send marketing emails, and multiple, follow-up reminders promoting its service--for its own monetary gain. The complaint claims LinkedIn harvests email addresses of some people users no longer wanted to communicate with, such as old employers, acquaintances, and ex-girlfriends and ex-boyfriends.

LinkedIn says they only use email accounts with permission.

Finally, California recently passed a law requiring social media companies to allow those 18 and under to delete their posts. The law goes into effect in January 2015. Although major sites like Facebook and Twitter already allow for this, it will require all social media companies to provide minors this option to erase photos and messages.

The law also bans targeting minors for certain products, including tobacco, alcohol and firearms.

Brain Damaged H.S. Football Player Sues Helmet Maker [Video]

Lawyers.com Legal Beat 2013-10-14 | In 2009, Eddie Acuna was a regular high school kid in Pomona, Calif., playing football in his team's homecoming game when an on-field collision changed his life.

Although he was wearing a regulation football helmet, Edward, now 21, suffered a catastrophic brain injury. Now, he's mentally and physically disabled — for life. Expressing simple thoughts about his favorite sports is now a struggle.

"Football, tennis, volleyball, baseball," Edward brokenly says in a Lawyers.com interview.

When asked why do you like football so much, he responds in a semi-coherent manner, with a smile, "I love football."

Sitting by her son, Edward's mother, Teresa Acuna says, "I hope one day he can become independent. Because right now he's a large child whom I must care for, like a child."

Ilyas Akbari is the Los Angeles lawyer representing Acuna in a case his family brought against the manufacturer of the football helmet, Riddell.

"Catastrophic brain injuries are things that these helmets are supposed to protect. The technology has been around for at least 20 years," says Akbari. "Nowadays, helmets are very good at preventing skull fractures, but they're not very good at reducing concussions or reducing the incidents of bridging vein tears."

Akbari says Acuna's helmet is responsible for the vein rupture that happened after a routine hit to the front of his helmet. Akbari says the front padding on Acuna's helmet failed under hot game-time conditions, a problem that he says Riddell has known about for years.

"When kids are running around wearing this helmet in the heat, and it's heating up, it loses all of its protection. And that's when you get these injuries," says Akbari

A spokesman for Riddell, the official supplier of helmets to the NFL, declined to comment, citing the pending lawsuit. But on its home page, Riddell says player safety is a priority.

The website says, "We are committed to designing and manufacturing the most protective helmets for all football players based on the most credible scientific research available."

In September 2013, four former NFL players sued the league and Riddell, claiming that both knew about the risks of brain injuries that could happen while wearing the company's helmets, but never told the players.

For Edward Acuna's parents, the goal of challenging Riddell in court is to educate other parents about the risks of helmet-related injuries.

"The main thing is to let the public know that this equipment that they're using is unsafe. If we would have known, you know, back then, I would have never let him, you know, play football," says Luis Acuna, Edward's father.

"The only way we're going to prevent this from happening to other kids is if we change the design. And you can't really get these corporations to change their designs, unfortunately, without lawsuits," says Akbari.

Edward Acuna's case is scheduled to begin in Los Angeles Superior Court on Nov. 6.

In Pomona, California, I'm Paul Von Zielbauer reporting for Lawyers.com

Newsbreak: Botox Causes Debilitating Botulism in Patient [Video]

Lawyers.com Legal Beat 2013-10-14 | Larry Bodine, editor-in-chief of Lawyers.com, provides today's Newsbreak, reporting on the dangerous side effects that can be caused by one type of Botox cosmetic treatment.

The popularity of Botox treatments to get rid of wrinkles is at an all-time high. The American Society of Plastic Surgeons says that more than 6 million people received Botox facial rejuvenation treatments last year.

But in one case, a woman doctor in Oklahoma got botulism, a serious illness that made her so debilitated that she had to give up her medical practice and resign as the medical director of a hospital. A jury awarded her $15 million in damages and a state appeals court just upheld the verdict.

Dr. Sharla Helton, an obstetrician in Oklahoma City, had injections of 50 units of Botox Cosmetic, which is made by Allergan Inc. Afterwards she had trouble breathing and experienced double vision. She also suffered from confusion and joint and muscle pain -- and she was unable to continue working. She was ultimately diagnosed with botulism poisoning.

Helton filed suit against Allergan, charging it with negligence and failing to warn about the risk of botulism. In the trial, Allergan argued that the jury should have determined other possible causes of Helton's injuries, and claimed that she had a mental disorder that caused her to feel the side effects. The jury didn't buy Allergan's arguments and instead believed her treating physicians, who testified about her conditions and the cause of them.

In a similar case in Virginia, a jury awarded $212 million to a man who suffered brain damage from Botox injections. You can learn more about Botox cases and related injuries by reviewing our resources on Lawyers.com.

Newsbreak: Alanis Morissette Sued by Nanny [Video]

Lawyers.com Legal Beat 2013-10-14 | Betsy Kim, editorial director of Lawyers.com, provides today's Newsbreak for small businesses.

If you're concerned about patent trolls, here's good news. The Federal Trade Commission recently launched a study on how these companies operate. Patent trolls, often called "patent assertion entities," are companies that do not produce goods and services. They acquire rights to patents, then sue other companies, which use patented technology, to produce goods and services. The FTC will subpoena information from 25 patent trolls on how they obtain patents, demand and collect licensing fees, litigate cases and make money.

The study could be used to assist Congress in passing laws to stop patent troll abuses.

In California, a new green chemistry law just went into effect on Oct. 1. The state Department of Toxic Substance Control has prepared a list of 164 chemicals, potentially harmful to health or the environment. In April, the agency will select five "priority products" that contain these chemicals. Companies that manufacture or sell these products in California, will have justify their formulations or find greener alternatives. Some examples on the chemicals list include benzene, chlorine dioxide, silica, and what's known as the "toxic trio" in nail polish--toluene, dibutyl phthalate and formaldehyde.

Business owners should check out this list to evaluate their products.

Finally, when you're busy minding the shop, be sure to pay your nanny minimum wage and overtime. Just ask Alanis Morisette. A former nanny is suing the singer-songwriter. She's seeking $130,000, claiming she worked 12-hour shifts, without breaks and without overtime pay. In California, the governor recently signed a bill to protect domestic services workers. The Federal Labor Standards Act also requires minimum wage and overtime for domestic services employees, including full-time babysitters, living outside the home.

Keep on checking out Lawyers.com for legal tips and news for the entrepreneur.

Whats Wrong with that Doggie in the Window? [Video]

Lawyers.com Legal Beat 2013-10-07 | "First time I saw Dakota, I was pretty much in love, right then and there. I had to have that dog," says Bryan Phillips. "I just did my research from their website. And on their website, it's very professional. It seems to be a very nice, warm, loving environment. They work with the very best, private breeders."

In December of 2011, Bryan Philips was seduced by the cuteness of that "doggie in the window."

But within a few weeks he faced a jarring reality.

"It was confirmed that she had distemper, which for a puppy is pretty much a death sentence," says Phillips. "It's preventable with vaccines, which according to her pet record she was vaccinated twice for it."

When Philips informed the pet store of Dakota's illness, he says they refused to take any responsibility and redirected him to the expired warranty information on their website. With the vet bills piling up, Philips decided to fight back and took to the internet, where he discovered he was not alone.

He joined several others in a class action lawsuit against the pet store chain. Chicago attorney Stephanie Capps is leading the charge.

"The pet stores definitely take advantage of knowing a consumer will come into a store, a lot of times with their little kids, fall in love with a puppy in the window, take their word for it that they're from a private, reputable breeder, totally healthy," says Capps.

Capps, who has worked on multiple pet-related cases, starts with an investigation.

"After many people were contacting us, we started doing research. We were finding that the 'breeders' used at these stores were not in fact private, reputable breeders. Many of them had hundreds of dogs at their facilities. They were puppy mills."

A puppy mill is a mass-producing dog facility that emphasizes profit over the welfare of the dog. The dogs usually are kept in feces-filled cages, deprived of clean drinking water and often have untreated, running wounds. As a result, they can easily develop a number of otherwise preventable infections.

"They're horrific, just horrific conditions," says Capps.

Animal advocates say that most of the puppies sold in U.S. pet stores come from puppy mills, and nearly all have parasites at the time of purchase. These illnesses can often lead to unexpected vet bills for new puppy owners.

"The benefits of doing a class action suit in regards to animals are basically economical," says Capps.

She notes it's the best way to recoup the staggering amount of money pet owners pay veterinarians to restore the health of their pet store dogs.

If you want to avoid the headache and heartache of a lawsuit, make sure you buy a healthy puppy.

"If somebody is looking for a puppy, they really want to investigate where that puppy is coming from, whether it's a breeder or a shop," says Alexis Newman, veterinarian and president of the Chicago Veterinary Medicine Association. "When you go see a puppy, they should be playing. They should be happy, running around and interacting. If they're not, chances are they don't feel well."

Bicyclists Turn to the Law for Protection [Video]

Lawyers.com Legal Beat 2013-10-07 | At a free bike safety class at Golden Gate Park, new cyclists as well as instructors-in-training review skills to help keep them rolling on city streets.

"My fears are getting hit by a car, or falling down," says one student, Caroline.

"I've never biked in traffic before, really. So that's why I'm here," says another student, Ray.

Urban biking is on the rise. In San Francisco, cyclists enjoy freshly painted bike lanes, plenty of signage and even bike signal lights.

From 2006 to 2011, ridership here grew by 71 percent. During that same time period, bicycle collisions resulting in injuries increased by 84 percent, in line with the national trend.

Even experienced cyclists are vulnerable to the perils of urban riding.

"I was in the hospital for about two weeks. I had a series of surgeries. That was six months I couldn't work," says Will Grunig.

The uptick in bicycle injuries has led to an emerging legal mini-specialty -- the bicycle accident attorney.

After his accident, Grunig hired Scott Love, an attorney who specializes in bicycle-vehicle accident cases. Love says that cyclists are at particular financial risk after a vehicle-caused accident because they often don't carry the auto or homeowner's insurance that would otherwise protect them.

"It's a difficult decision for an injured party to have to decide between accepting a policy limit which they know is not sufficient to cover all of their damages and initiating litigation in the hopes of recovering more," says Love.

For Grunig, however, the choice was clear.

"I'd been in a smaller accident wherein I didn't contact a lawyer. We didn't have a police report, and my direct communications with the insurance company, the driver's insurance company led nowhere for me. So, when the more serious accident occurred, I knew that I wanted a lawyer and I was happy to get a lawyer that understood cycling in San Francisco."

"The benefit in consulting someone like myself who focuses on litigation surrounding bicycle accidents is that the typical client I have, this is their first time being involved in an accident," Love says. "The attorney knows how to negotiate with both with the insurance company for the driver, but also with any healthcare providers that have provided treatment, helping to negotiate the rates down."

Newsbreak: Washing Machines Grow Mold [Video]

Lawyers.com Legal Beat 2013-10-01 | Betsy Kim, editorial director of Lawyers.com, provides today's Newsbreak for your house and home.

If you get a check in the mail, no matter how small the amount -- be careful before you cash it.

A Brooklyn, N.Y., couple is suing the country's largest subprime loan servicer, Ocwen, in federal court. They say Ocwen and financial company Cross Country Home Services send customers a $2.50 check that looks like a mortgage refund. But in small print homeowners are notified that by cashing the check, they will be enrolled in a $500 per year home warranty, which increases their monthly mortgage payments. The plaintiffs say people get locked into services they never use because they don't know they are buying them.

If you're looking to bring a new front loading washing machine home, ask questions.
The largest manufacturers -- LG, Sears and Whirlpool -- are being sued in a class action that alleges design defects. The plaintiffs say unlike top loading washers, front loaders must be air tight. This causes growth of mold and mildew that makes washed clothes smell foul.

The manufacturers have refused to honor warranties, saying people just need to clean out the drum after each use and to leave the door open.

Finally, Home Depot is accused of shaking down its customers accused of shoplifting, according to Bloomberg Businessweek. Jimin Chen paid for more than $1,400 of goods from a San Leandro, Calif., store. He used a pair of $3.99 work gloves to load up lumber. When he checked out, he added the gloves to the top of the pile, but they were not scanned.

Security detained Chen for theft. Home Depot later sent two letters, first demanding $350, then $625 to settle the shoplifting claim.

Chen filed a class action lawsuit. He claims Home Depot intimidates customer with false threats of criminal charges and civil claims. Chen's attorney says the company sends out hundreds or thousands of these letters as a fraudulent business practice, collecting big money.

Keep on checking in with Lawyers.com for your updates on legal news for the consumer.

Your Favorite Breaking Bad Character Is Telling [Video]

Lawyers.com Legal Beat 2013-09-30 | Walt's Narcissism

In the AMC TV program, "Breaking Bad," Walt exhibits narcissistic traits, according to clinical and forensic psychiatrist, Ankur Saraiya. Driven by a feeling that something is missing in their lives, narcissists have haughty attitudes, behave selfishly and desire fame. Saraiya says the show explains Walt's disorder. His business partners kicked him out of their pharmaceutical company that later made millions of dollars. "At least a part of him is trying to capture that fame and fortune that he just narrowly missed out on."

Saraiya graduated from Harvard University, then Columbia University School of Medicine, where he did his residency. He completed a fellowship in forensic psychiatry with NYU/Bellevue Hospital, where he was also an attending physician for 10 years, before establishing his private practice. He has evaluated many criminals, like those in "Breaking Bad."

If you root for Walt, it doesn't mean you're a narcissist. But Saraiya says the character you are drawn to can tell you a little bit about your personality.

Your Favorite "Breaking Bad" Character
Saraiya cautions people must be careful and not extrapolate too much. You cannot completely define someone's personality by a favorite character choice. He acknowledges it's more of a fun question that can provide general insight, as many factors dictate our tastes in people.

"Walt is certainly a leader and a driver of the action, so people who kind of see themselves as driving the action perhaps might relate a bit to Walt," says Saraiya.

He believes people who like Hank tend to like law and order and root for the guy in the white hat. They want to see justice prevail. Those who like Jesse are attracted to the more innocent person, who follows others.

Your favorite character can be someone with whom you identify. But it can also be someone who is a good counterpart to your personality. For example, a nurturing person might be drawn to the more helpless character.

Psychiatry and Legal Mitigation
"With Todd, he was pretty much destined to become a criminal of some kind," says Saraiya. "It's pretty clear that Todd has sociopathic tendencies. He seems to lack any sort of conscience."

Having diagnosed patients with Todd's disorder, Saraiya says, "They are probably the most frightening individuals that I've encountered."

He did not see psychiatry as mitigating the crimes of Todd, Gus, Uncle Jack or Walt. However, Sklyer could possibly present an abused spouse syndrome. There could also be mitigation for Jesse, as Walt's former student, someone easily influenced by others, and a genuinely remorseful person.

Sympathy in "Granite State"

In "Granite State," assisted by "the cleaner," Walt hides out in New Hampshire. In an isolated, crudely furnished cabin, similar to the Unabomber's lodgings, Walt lives in exile, de facto solitary confinement. He telephones Junior, trying to send money. But his son rejects him, screaming wishes that Walt would die. Crying and broken-hearted, realizing the money from his drug trade will never support his family, Walt slumps into a depression. He calls law enforcement to surrender. But he then sees his former business partners on television, denying any of his contributions to their enterprise. Walt disappears from the bar, with implications of being roused into taking Heisenberg's last stand -- for the show's finale.

Regardless of his wrongdoings, it is almost impossible not to pity Walt.

Saraiya explains Walt's initial circumstance made him extremely sympathetic. He gets cancer. He's a new father who needs money. He's unfairly cut out of his company. He loses the girl. "[E]ven when he completely crosses the line and becomes this incredibly evil persona, we still have a hard time forgetting the sympathy we felt for him and we try to connect to that initial feeling that we had," says Saraiya. This same phenomenon of not letting go and not accepting people have changed frequently occurs with Saraiya's actual patients.

Final Episode
Pin ItSaraiya makes no prognosis of how "Breaking Bad" ends. However, he believes if Skyler forgives Walt, this may be enough for his redemption. What's your prediction for the last episode? Share your views below and Tweet them on Sunday night to @Lawyerscom and @BetsyKim.

For additional psychiatric insights, watch Saraiya's interview in the video box above.

School Bullying Can Be a Crime [Video]

Lawyers.com Legal Beat 2013-09-24 | Larry Bodine, editor-in-chief of Lawyers.com reports on how students, teachers and parents can say "no" to school bullying and cyber bullying.

The U.S. Department of Health and Human Services reports that 37% of teens have reported being bullied while at school. Forty-four percent of middle schools reported bullying is a problem. And 52% of students reported being cyber bullied.

Cyber-bullying is electronic harassment With the speed of Internet communications many people quickly become witnesses to the bullying and humiliation.

Tragedies of young teenager committing suicide after being victims of cyber bullying has been a wake- up call for change. Who can forget the horror of the suicide of Megan Meier in 2006. She hanged herself with a belt after being bullied by a neighbor, pretending to be a teen-age boy, online.

Fifteen states have recently passed or have pending legislation specifically against cyber-bullying. Opponents of such laws assert First Amendment rights.

But in 2000, a Pennsylvania court ruled schools have the authority to stop cyber bullying, even initiated off-campus, when the incident results in a substantial disruption of the educational environment.

Cyber bullying can violate civil laws. A cyber bully can be liable for defamation, slander and libel. For libel, the statement must harm the target's reputation and it must be published — seen by someone other than the bully and the target. The cyber bully is responsible for any reasonably foreseeable consequences.

And, a school that does not provide a safe environment can be sued by the victim.

Cyber bullying can also be a crime. It can be prosecuted as harassment, punishable by 10 years in prison. It can also be defamatory libel, punishable by five years in prison.

If you feel your child is being bullied or is cyber bullying, talk to him or her. Discuss ways to stop the bullying. Remind your child of how other people can be hurt by their actions and how the law can severely punish offenders.

Watch Larry's full report to review your and your children's legal protections to help end cyber bullying in our school.

Breaking Bad: Meet a Real-Life Saul Goodman [Video]

Lawyers.com Legal Beat 2013-09-24 | In the last episode of AMC's "Breaking Bad," the attorney, Saul Goodman, never appeared. One criminal defense lawyer, a real-life Saul of sorts, Todd Levitt, says the show would have ended quite differently had someone just phoned Saul.

"Right when Walt was leaving to go out to the desert, he should have called Saul at that time and then Saul would have diverted the whole situation," says Todd. (He may be a bit partial to Saul, as his actual attorney advertisements read "Better Call Todd.")

"As an attorney, myself, I would have averted that whole situation," says Todd. "I would have found Walt and kept him in my presence till he calmed down. I would not have allowed him to go out to that desert."

Poetic Justice in 'Ozymandias'
"Ozymandias," the title of the last episode of AMC's 'Breaking Bad,' comes from an 1818 poem by Percy Bysshe Shelley. The poem's metaphor for the fall of the 'King of Kings,' "Ozymandias," is a statue crumbling in the desert. After the hired assassin, Uncle Jack, shoots Walt's brother-in-law Hank, Walt collapses, falling into the sands of the New Mexico desert.

Merriam-Webster defines poetic justice as "a result or occurrence that seems proper because someone who has done bad things to other people is being harmed or punished." The full definition adds that usually the punishment is ironically appropriate.

In defending and expanding his crystal meth empire, Walt engaged in international drug trafficking, laundered money, committed extortion and murder. In "Ozymandias," he loses $69 million of his $80 million drug money profits to white supremacist killers. The neo-Nazis take Jesse to torture him and force him to cook meth, while hooked to chain. Walt's son learns the truth about his father's drug dealing and the murder of Hank. Walt's wife, Skylar, refuses to support and follow him any longer. Walt's son calls the police on his father. After struggling in a knife fight with Skylar, in a pained, confused jumble, Walt utters, "We're a family. We're a family." But he has lost his family — ironically the initial justification for choosing his path of crime.

For Realistic Legal Justice, Better Call...Todd?

Todd comes close to any real-life, ethical version of Saul, whom an actual criminal defendant could retain. He describes a resemblance to Saul in personality and style. "I'm very flamboyant. I'm outgoing, aggressive and I'm surrounded by different characters, similar to the show."

But Todd draws the line between legal advocacy and criminal conduct that practicing lawyers would not cross.

"Saul's involved in criminal activities and I'm not. I don't assist people in laundering money. I don't assist people that I know are breaking the law or about to break the law. I have an obligation and a duty not to allow that to happen. In that sense we are completely distinguishable. But we are similar in that I also fight with vigor for my clients and I have a cast of clients who would be stars on any reality show."

As Todd's Mount Pleasant, Mich. clients include crystal meth dealers, he has sympathy for Walt and Jesse. He has represented people, who have overdosed or ruined their lives with drugs. Todd doesn't see street level drug dealers as people to give up on, but as underdogs to root for because they are fighting against overwhelming odds. Does that sound familiar to any "Breaking Bad" fans?

Watch our Lawyers.com interview of Todd in the video box above to gain another perspective of the worlds that inform "Breaking Bad." Todd describes a couple of his stranger-than-fiction cases. One involves perhaps a guilty conscience, a more realistic version of Jesse's throwing millions of dollars out of his car.

With only two episodes left, take our Lawyers.com poll on Walt and Skylar. Let us know in the comment section below what kind of justice you predict for each of the characters.

Author Says Abortion Laws Wage War on the Poor [Video]

Lawyers.com Legal Beat 2013-09-24 | "[Anti-abortion laws] that have been advanced most recently in the name of women's safety are particularly offensive because there is nothing advancing women's safety when we make access to reproductive healthcare harder, more difficult, more expensive, more burdensome. There is nothing about women's safety in that," says Jessica Mason Pieklo, one of the writers of the book, "Crow After Roe." She adds these restrictions on abortion are a cynical approach to a political end.

Pieklo is an attorney and a professor at Hamline University School of Law in St. Paul, Minn. Her book, co-authored by political reporter, Robin Marty, was published this year, marking the 40th anniversary of the U.S. Supreme Court decision, Roe v. Wade. (Read our Lawyers.com review of "Crow After Roe.")

They urge the time is now to take a stand against anti-choice laws, which particularly hit hard those who are financially struggling. Laws restrict reproductive healthcare by cutting funding, requiring return doctor visits, and reducing the numbers of clinics. These measures disproportionately affect poor women. Pieklo believes these laws are part of the larger war waged against the poor in this country since the 1980s.

Why Reproductive Rights Matter to You
Why should people with means, living in cities with readily available heath centers for reproductive choices care about the recent, curtailing of abortions, which affect other people in other states? Pieklo argues that such restrictions deny women their fundamental rights and full autonomy, guaranteed by the Equal Protection Clause and 14th Amendment of the U.S. Constitution. As a country, we guarantee certain protections to all people regardless of their gender or economic advantages. Pieklo argues men do not face restrictions on the ability to enter into and out of the marketplace based on their reproductive rights. However, the impact of taking reproductive choice from women drastically alters the way women can provide for themselves, provide for their families and be full participants in society.

Unprecedented Wave of Anti-Choice Laws
Since the 2010 elections, at unprecedented levels, states have created laws with the sole purposes of stacking up the hardships imposed on women with unwanted pregnancies and increasing the burdens upon healthcare providers.

Pro-choice advocates believe informed consent laws, including laws that force a woman to view an ultrasound before having an abortion promote excessive governmental intrusion into personal privacy. Pieklo notes such laws also assume that terminating a pregnancy is not already a well thought-out and difficult decision.

In addition to laws focused on women's rights, she describes TRAP laws (targeted regulations for abortion providers). These provisions focus on closing clinics. For example, laws force clinics to comply with architectural requirements that are unrelated to the types of procedures performed.

Other laws require doctors in reproductive healthcare centers to have admitting privileges to area hospitals. Such requirements have nothing to do with patient admissions, as patients would not be denied treatment to those hospitals in any circumstances. They create an effective way to deter physicians from providing abortions with the threats of steep fines, loss of a professional license and even jail time. Certain communities already have limited options. For example, in Mississippi, none of the area hospitals have yet granted admission privileges to doctors, who work at the state's last remaining abortion clinic. These laws eliminate abortions for women without overturning Roe v. Wade.

Newsbreak: Anti-Aging Creams Called a Rip-Off [Video]

Lawyers.com Legal Beat 2013-09-24 | Betsy Kim, editorial director of Lawyers.com, provides today's video Newsbreak for baby boomers.

Maybe wisdom does come with age. If the fountain of youth in a jar sounds too good to be true, you're not alone in your skepticism. A class action lawsuit in New York accuses Estee Lauder of falsely advertising that its Advanced Night Repair Cream can make you look younger.

According to the complaint, the makeup giant makes up claims that its products promote DNA repair and misleads customers to pay higher prices, including $92 for a 1.7 ounce bottle.

In a separate consumer fraud class action in New Jersey, Estee Lauder is also under fire for its Clinique brand Repairwear, Youth Surge and Turnaround products. That lawsuit says the company dupes consumers by falsely representing that its products rebuild firming collagen and make wrinkles disappear.

AT&T will pay a quarter million dollars to settle an Equal Employment Opportunity Commission age discrimination lawsuit. In 2008, AT&T fired Terry Pierce, from its Lee's Summit, Missouri facility in violation of the Age Discrimination in Employment Act. Pierce, who was 53, worked as a sale coach manager for 16 years. AT&T fired her, while retaining younger, lower-performing employees in Pierce's same position.

AT&T will redistribute its anti-discrimination policy and report to the EEOC complaints of age discrimination and terminations of people over 40.

Now, more than 2 million Americans 55 and older are unemployed. Older Americans remain unemployed twice as long as younger workers, approximately 54 weeks, according to AARP.

Finally, Emory University will pay $1.5 million to settle claims that it billed Medicare and Medicaid for services not allowed under those programs.

Federal prosecutors in Atlanta say the school billed the federal programs for cancer treatments already paid for by the clinical trial sponsor.

A former research finance manager at Emory brought the case under the False Claims Act whistleblower provisions.

Keep on checking out Lawyers.com, which provides legal information for all of life's phases.

America, One Nation Under Surveillance [Video]

Lawyers.com Legal Beat 2013-09-16 | Larry Bodine, editor-in-chief of Lawyers.com, reports this is America, one nation under surveillance.

Many of you have heard about government spying on U.S. citizens, but aren't worried about it, because you're not doing anything wrong. At least not yet.

A lot of us start our day by checking our email and visiting websites in the morning. Whom you contact and where you visit is all monitored by the National Security Agency. No search warrant is required.

When you call someone on a landline, both phone numbers and the time are recorded, but you may be cool with that.

It may not bother you when you sending a friend a text to meet them for coffee. Whom and when you text is also monitored.

As you drive to work or to shop, police license plate readers keep track of where you go and when you were there. It's possible to construct a complete map of where you travel -- before you've done something wrong.

Some say that the art of letter writing is dead, but the Post Office doesn't think so. Computers take a photograph of every piece of paper mail.

When you buy something with a credit card, a computer record is made of your exact location and what you bought. This is freely available to the authorities as a business record.

On a beautiful day it's great to walk down the street. You may think you're doing nothing wrong, but security cameras record proof you were there, just in case. There's also round-the-clock orbital surveillance from outer space that can pick out individual people.

And thanks to the GPS in your cell phone, the authorities know whether you've been to bar, or a mosque, or a gun range, or a political office. Again, no search warrant is necessary -- except in New Jersey.

You may think you're doing nothing wrong. But a nasty neighbor, a business competitor or an angry co-worker might see you differently. When that happens you'll wish that the Fourth Amendment right to be free of unreasonable searches was enforced better.

And like the song says:

Every breath you take
Every move you make
Every bond you break
Every step you take
I'll be watching you

For more information on your privacy rights, check out Lawyers.com.

How Mediation in Divorce Works [Video]

Lawyers.com Legal Beat 2013-09-16 | Recently, the Internet was atwitter with the story of a divorced wife who sent $47.12 in pennies to her ex-husband after a judge ordered her to make the payment.

That's the kind of venom that can sometimes drip in divorce cases, especially the one half of one percent that wind up in court.

Carl Cangelosi, a divorce mediator, believes that most splits don't need to come to that.

Mediation as a Cost-Effective Alternative

"Parties have disputes all the times. Parties are angry all the time, but that's what the mediator helps them do, is to helps them get through that and work through the issues," says Cangelosi, the past president of the New Jersey Association of Professional Mediators.

After working 22 years as a lawyer and a second career as a businessman, Cangelosi is now in the business of helping couples get uncoupled in a more civilized way.

"When kids are involved in a divorce, you will find that clients are really concerned about maintaining the relationship that they have. Not the same kind of relationship that they had, but they want to have a good relationship," says Cangelosi

Children aren't the only reason people look to mediators to settle disputes. It's often a more economical way to work out your differences.

"Mediation, my services plus a review attorney for each of the parties cost somewhere between six and $9000. If the parties were just to retain attorneys, and there was not much in dispute, so most everything pretty much went well, it would be somewhere in the mid-20s to $30,000."

Issues to Be Mediated

Mediation should cover
1. Parenting Issues
2. Equitable Distribution
3. Alimony
4. Child Support

There are four basic areas that a divorcing couple need to come to agreement on: Parenting, because there is no preparation for parenting and people of the issues and then lastly child support.

Pointers about Mediation

Cangelosi recommends that each side have an attorney to review the "Memorandum of Understanding" that is the end result of the mediation.

"I think it's very important for people to do that, to use attorneys, but I do not require them to use attorneys. That is up to them, it is their divorce," he says.

As a mediator, he doesn't take sides. He's totally impartial and while he dispenses legal information, he doesn't offer specific legal advice.

"Our role is really to help them decide for themselves as to what they want to do on all the issues," says Cangelosi.

Who Are Mediators?

In addition to working with couples, Cangelosi also teaches a 40-hour training course in divorce mediation for the New Jersey Association of Professional Mediators.

"Nowadays, most mediators are attorneys, then the second largest group are mental health professionals and then you have a smattering of all others," he says.

A mediator doesn't need to have any credentials at all. The profession is unregulated in all 50 states. The best way to find a mediator is to get a referral from a friend, attorney or marriage counselor. But the most important factor is that both sides feel comfortable with the person they choose.

Newsbreak: For-Profit Schools under Fire [Video]

Lawyers.com Legal Beat 2013-09-10 | Lawyers.com Editorial Director Betsy Kim reports on several legal cases, marking the start of this year's back-to-school and football seasons.

The industry of for-profit universities is under greater scrutiny, accused of making big money while deceiving students who get into substantial debt, paying for useless degrees.

New York Attorney General Eric Schneiderman announced a $10 million settlement with Chicago-based Career Education Corporation. The company inflated job placement rates, and left students with huge debts and few job offers.

A $9.25 million fund will reimburse students who were misled into believing their degrees would help them find better jobs. The students graduated from New York campuses of the Sanford-Brown Institute and Briarcliff College and New York residents, who graduated from online programs with American Intercontinental University and Colorado Technical University.

Schneiderman also filed a $40 million lawsuit against Donald Trump for "Trump University." The attorney general called the lessons a how to get rich "elaborate bait-and-switch" designed to get people "to spend thousands of dollars they couldn't afford for lessons they never got."

Sherry Melton, who worked as a nurse at Vanderbilt University Medical Center for 13 years is suing the hospital. She alleges, the center fired her in violation of the Family and Medical Leave Act. The Nashville institution had announced plans to trim its budget by $250 million and cut 1,000 jobs.

Melton was fired while on approved medical leave. Her manager claims it was for poor job performance. But the complaint notes she received a favorable performance review shortly before her termination.

Finally, although the NFL settled the lawsuit over concussion-related brain injuries of former football players for $765 million, the league faces another high profile lawsuit. Ten former players including five Hall of Famers say the league used their images to sell NFL film products, without their authorization and consent. They filed a federal lawsuit in New Jersey, accusing the league of unfairly violating their rights of publicity. The NFL settled a similar case in March before a Minnesota federal judge.

Keep on checking out Lawyers.com to stay updated on the latest legal news throughout the year.

Dont Let a Credit Report Ruin Your Finances [Video]

Lawyers.com Legal Beat 2013-09-10 | Julie Miller of Portland knew something was wrong when she was turned down for credit at a local bank. She had never defaulted on a debt in her life. Larry Bodine, editor-in-chief of Lawyers.com provides this video report on how a mistake on a credit report can ruin your finances. But Larry describes how you can fight back and win.

In Julie's case, it turned out that the Equifax credit bureau had mixed her up with another Julie Miller, who had 38 collection cases against her. This happens more often than you might think. According to the Federal Trade Commission, 1 out of 20 consumers have mistakes on their credit reports that will cause you to pay higher interest rates or be denied credit.

If this happens to you, there are four steps you should take:

Get your credit report, which you can obtain for free from AnnualCreditReport.com. All three credit bureaus, Equifax, Experian and TransUnion, will show you what they have and you can see any negative information online. Make certain that your name, address, birthday and social security number are correct.
File a written dispute. You can do this online, but you are better of sending a written dispute by certified mail with a return receipt requested. The object is to create a paper trail of evidence. Go into full detail about the situation and attach copies of proof like canceled checks.
Even though the problem may be with one credit bureau, send your written dispute to all three companies. This will give you the right to take step 4.
File a lawsuit. That's what Julie Miller did after she sent more than a dozen letters to Equifax over two years. Each time, Equifax sent back a form letter saying it need more information and did nothing to fix its own mistake. It never even started an investigation and left her with bad credit.
Julie sued in federal court. This year a jury awarded her $1.8 million in punitive damages.

If a credit bureau has messed up your finances, you can find a consumer protection attorney on Lawyers.com. You may be able to set the record straight and then some.

How the Law Can Help if a Child Drowns [Video]

Lawyers.com Legal Beat 2013-09-10 | Pools Pose Hazards for Children

Usher Raymond IV, the singer, songwriter and actor known as Usher, is used to being in the nation's spotlight. But recently he made headlines for a tragic event that happened to his son Usher V.

The 5-year-old nearly lost his life when his arm got stuck underwater in a pool drain. Reports indicate he has made a full recovery.

According to the Centers for Disease Control, every year about 700 children under 15 aren't that lucky. Nineteen-month-old Edna Mae McGovern was known as Em to her family.

"I proceeded to put groceries away," says Cassie McGovern, Em's mother. "I walked out of the room at one point to answer a question from my husband and when I went back she was not there. So, I went outside."

What Em's mom found outside her Coral Springs, Fla. home would change her family forever.

"I saw the reflection of Em floating in our pool. I immediately just started screaming and I ran around to the opening of the fence and just held her."

Her husband performed CPR. After a week, Em's brain activity stopped and she was taken off life support.

When to See a Lawyer

"The first thing we would encourage any family that goes through a tragedy of a near drowning or a drowning of a young child is to see a lawyer because sometimes you just don't know if there may be liability," says Miami-Dade personal injury attorney Mike Haggard.

He says parents don't typically file lawsuits in child drowning cases because they're forced to relive the tragedy.

"A a lot of times parents will blame themselves and they don't realize that there really was a cause behind it," says Haggard.

In addition to providing a personal justice, lawsuits against pool drain manufacturers, fencing fabricators and others also can bring about reforms on a national scale.

"When parents come forward and these cases are investigated, society learns about it property owners learn about it and then what happens is changes are made that make sure that another child won't lose their life."

Haggard also says when considering a drowning lawsuit, first find a trial lawyer who specializes in these types of incidents.

"They're very unique. Different laws apply, not only national statewide laws but county ordinances, city ordinances and different types of health codes that a typical trial lawyer or general practitioner will have no idea about," he says.

Lawsuits can bring justice and affect broader change, but they can't bring a child back to life.

Ways to Prevent Drowning

"You have children. You have a pool. You have water. There's no peace of mind," says Kim Burgess, Executive Director of the National Drowning Prevention Alliance. She recommends the best way to protect a child from drowning is having parental or adult supervision. Beyond that, make sure your child can swim when he or she can crawl. Install door alarms and door locks and check state and local laws for fence and gate requirements.

Both Burgess and Haggard want society to think of unintentional drowning like any other child death. It must be investigated, to know how it happened and how to prevent it in the future. In Fort Lauderdale, I'm Amber Statler-Matthews for Lawyers.com.

What Plagiarism Can Cost You [Video]

Lawyers.com Legal Beat 2013-09-10 | As students everywhere are heading to back to school, it's good to remember that breaking some school rules can also mean breaking the law.

In this video report, Larry Bodine, editor-in-chief of Lawyers.com provides information on plagiarism and what it could cost you.

Plagiarizing is taking authorship for someone else's work and holding it out to be your own original creation. Now, with the Internet, cutting, pasting and plagiarizing is easier than ever.

But it's just as discredited and punishable as ever.

For example Fareed Zakaria, the writer and television host, was suspended by Time magazine and CNN in 2012 when they discovered he had plagiarized an article in The New Yorker.

In a famous case from the music world, George Harrison ended up paying $587,000 in damages for plagiarizing the Chiffons' song "He's so fine" and using the melody for his song "My Sweet Lord." That case was in the courts for 22 years.

You may think lifting a few lines off someone else's online work is a far cry from a best-selling musical hit. However, it is still wrong and you could face legal consequences for violating copyrighted work. If your paper is published in a school or academic journal, you and your university could be fined.

Copyright violations fall under federal law. An infringer could be liable to pay penalties of $200 to $150,000 for each work infringed. If you stole someone's work, you'll pay for not only your attorney's fee, but also the costs of the other side, as well.

Even if you aren't sued, you'll most likely face disciplinary proceedings at your school that can be reflected on your academic record. This could irreparably hurt your future -- harming your opportunities to get into college, grad school or getting the job of your choice.

Now that you've done your homework on this topic, at Lawyers.com, we wish you the best of luck at the start of the new semester.

HBO Show: Criminal Defense of the Poor Is a Fiasco [Video]

Lawyers.com Legal Beat 2013-09-04 | HBO Documentary Gideon's Army

"We don't see a lot of happily ever afters in this profession, but hopefully we get us a happily ever after," says Brandy Alexander, one of three public defenders from the deep South, whose stories are told in a new HBO documentary called "Gideon's Army."

Videojournalist Ed Alpern takes Lawyers.com viewers behind the scenes of this film to show how America's criminal defense system for the impoverished is in shambles and needs to be repaired.

"This is the way it really works. You go to jail," says Brett Willis Senior Public Defender, Hall County, Georgia.

U.S. Attorney General Eric Holder Calls for Change

The documentary, produced and directed by Dawn Porter shines a light on an issue that even the U.S Attorney General calls a mess.

"In short, America's indigent defense systems exist in a state of crisis," say Eric Holder.

Things haven't turned out quite the way the Supreme Court envisioned in 1963, when it decided a case granting a penniless Florida inmate named Clarence Earl Gideon the right to an attorney, provided and paid for by the court.

"I think that most people don't understand what public defenders do, in some cases what public defenders are," says Porter. She was a corporate attorney before spending three years making the film. It's a look at both the professional and personal side of doing the job.

"He is a kid, and he's facing a lot of time, if he's found guilty it will break him," says Alexander in the documentary, referring to of one of the clients she's defending.

Eighty percent of people who are arrested are eligible for a public defender. Ninety-five percent of those people plead guilty. So there's only five percent of cases that are coming into the system that are going to trial. When you think about that, the overwhelming number of people who are pleading guilty are poor people.

Overworked Public Defenders Do Their Best

It's a scenario that some call "meet 'em and plead 'em." For instance, in New Orleans, it's estimated public defenders have seven minutes to spend on each case.

"As I've made my objections throughout the trial, it's to make sure that this kid gets a fair trial," says Travis Williams, a public defender in Gainesville, Georgia.

There are 15,000 public defenders like Travis Williams, working in local and federal courts. National standards are supposed to limit felony cases to 150 per attorney per year. Yet caseloads of 500,600 or 800 are common. And there are economic pressures at work, too.

"What invariably happens, as the economy contracts, the public defenders funding contracts as well," says Porter.

Changes in the Law Lie Ahead

She believes that one of the solutions to the indigent defense crisis lies in the new sentencing guidelines recently announced by Attorney General Eric Holder.

"Too many Americans, go to too many prisons for far too long and for no truly good criminal justice reason," says Holder.

Reducing minimum mandatory sentences could reduce defender caseloads. The ranks of Gideon's Army are too thin, the public defenders are poorly paid, their daily battles are difficult, and the lives of those they represent are at stake. But perhaps the most compelling war stories that the documentary tells are those of the toll the system takes on its foot soldiers.

"I cannot fathom, turning around to his mother, after a jury has said guilty and I've told her, he's going to get 10 years, at least," says Alexander.

Parents Win $4.5M after Cops Beat Son to Death [Video]

Lawyers.com Legal Beat 2013-09-04 | What does it take to win a civil lawsuit, alleging emotional distress?

Lawyers.com videojournalist Matt H. Mayes takes you through a powerful example of this, with the family members of Jose Lucero and their attorney, Michael J. Curls. On December 18, 2010, cops beat Jose to death in front of his family members. They won a $4.5 million award for wrongful death and emotional distress. Matt reviews what happened and how the Luceros won this civil lawsuit against Kern County in California.

What Happened When Sheriff's Deputies Killed Jose Lucero

In a diminished mental state, while delusional, Jose called 9-1-1. It was believed the delusion was brought on both by Lucero's mental heath issues and also by methamphetamine intoxication.

Jose's brother, Esteban Lucero, explains Jose called 9-1-1 claiming his girlfriend had called him saying her boyfriend was beating her up. That never really happened, except for in his head.

Sheriff's deputies arrived at the Luceros' family home in Bakersfield, Calif. to investigate the calls.

Jose's father, Florencio Lucero, describes the cops encounter with his son: "They beat him up so badly that ... they beat him up all over. His whole body was broken to pieces. And then my son never got up again."

Elements Needed to Prove Emotional Distress

Michael explains to prove a case of emotional distress in a civil lawsuit, one needs to have standing to proceed. Standing comes in the form of some relationship between the person who is deceased and the person who is bringing the case. There also needs to be some proximity. The emotional distress comes from having witnessed someone that you love suffer in some sort of way.

"In this particular incident, the parents of Jose Lucero witnessed the officers basically beat him to death and because they had standing, it was their child and they were present, they witnessed it happening, they had the proper standing. They had the proper proximity to the scenario to support a charge of emotional distress," says Michael.

The Outcome for the Lucero Family

Even with the $4.5 million award, the Luceros can never erase their family's tragedy.

"I felt like as though this is all just a dream. My brother was, he was a good person and he didn't deserve the way he died. It was totally uncalled for," says Esteban.

Watch Matt's full video above and share your thoughts in the discussion section below.

Stack Your Breaking Bad Analysis Against a Pro [Video]

Lawyers.com Legal Beat 2013-09-04 | In television, when villains hatch psychological plots beyond our notions of human decency, are we amused and perhaps equally reassured, thinking we could never concoct such evil?

What Happened in "Confessions"?

In the last episode of AMC's "Breaking Bad," Walter White records a confession. But instead of baring his soul on how he built of a crystal meth empire, he fabricates a twisted story, framing his DEA agent brother-in-law, Hank Schrader, as the drug lord, Heisenberg. Walt brings up the money that he gave to Hank to pay for Hank's medical bills as evidence of Hank's dirty hands. (In the show, Hank's wife, Marie, accepted the money not knowing the source.) Walt gives the confession on a CD to Hank and Marie. Perhaps it's only a threat, warning Hank to back down in his obsessive pursuit of bringing Walt to justice.

The Confession: Maybe Not So Clever?

One former detective who has chased down drug cases, and who now works as a partner at the law firm, McGuireWoods, Dale Mullen, doesn't find Walt's ploys so clever. In fact, he points out holes and major tactical errors in Walt's confession.

"If Hank were the mastermind, the kingpin of the operation, why would he have needed over $100,000 from Walt? Does that make sense?" asks Dale.

Dale was a chief prosecutor, special assistant U.S. Attorney at the Attorney General's office in Virginia. He also worked for the City of Richmond as an undercover police detective. He worked on a DEA task force, handling drug investigations with the FBI. With that background, Dale calls Walt's recorded confession a monumental mistake — for Walt.

By showing his cards, Walt allows Hank to mount his defense. According to Dale's assessment, Walt cut off all other possible avenues of a defense or escape. "Tactically, it was really poor to commit it to a permanent record and hand it over to an agent of the DEA. If he had spoken for five minutes to any reasonable attorney, they would have told him absolutely do not do that," says Dale.

What's Up with Jesse?

Jesse Pinkman seems more inclined to exacting his own revenge on Walt than cooperating with the authorities. The last episode ended with his dumping gasoline throughout the Whites' home, suggesting possible arson charges, in addition to drug crimes. In our Lawyers.com video, Dale explains why Jesse might not be a good fit for the federal witness protection program. (Willingness to come forward is key.) He also explains several tactics fugitives use when hiding in plain view.

How realistic was Jesse's loyalty to Walt? In Dale's experience, most criminals talk and testify against each other. The opening diner scene with Todd Alquist's meeting with shady characters in the drug world felt realistic to Dale, as it was filled with clues for a detective.

The Evidence Trail

"Everything we do leaves evidence," says Dale. "Every piece of evidence in the commission of a crime is eventually discoverable by someone. Criminals are notorious for leaving behind sloppy bits of evidence that allow themselves to be captured."

Dale suspects the marijuana, which the attorney Saul Goodman took from Jesse will resurface in some way. He found it hard to believe that the fixer hired to help give Jesse a new identity, would have no problem with the huge sack of cash but would not allow $25 worth of marijuana in Jesse's pocket.

What pieces of evidence have you observed to help predict what's coming down the line?

Watch out. With "Breaking Bad," it can be hard to tell what attention to detail is artistic photography and what is an intentional clue, a bread crumb to something more sinister.

Match Wits with a Former Undercover Narcotics Agent and Prosecutor

Dale traces the development of the criminal mind, comparing Walt to people he met during his investigations. He also gives his advice on what the characters should do. Watch our Lawyers.com video and compare your thoughts on "Breaking Bad" to a crime sleuthing pro.

Write your observations and predictions in the comment section below and send your Tweets to @Lawyerscom and @BetsyKim.

Newsbreak: Legal News for Small Businesses [Video]

Lawyers.com Legal Beat 2013-09-04 | Betsy Kim, editorial director of Lawyers.com, provides today's Newsbreak, a legal update for entrepreneurs.

Small businesses may have a better chance of throwing patent troll under the bridge. Patent trolls are people or companies that buy and enforce patent rights, collecting licensing fees from businesses using a patented technology.

The Government Accountability Office recently came out with a report that patent trolls are abusing the system and hurting the economy. There has been a 31% increase in patent lawsuits between 2010 and 2011 with patent trolls suing about one-third of all the defendants.

Patent trolls neither make products nor supply services. They're often financial companies who acquire patent right, collecting money from businesses that do provide goods and services.

For example, Innovatio IP Ventures obtained 31 patents relating to (Wi-Fi) technology. It sent more than 8,000 letters, seeking about $3,000 from retail businesses — hotels, coffee shops, and restaurants, who offered free customers Wi-Fi.

The White House and lawmakers in both parties are calling for legislation, which this latest GAO report supports.

Business owners are urging the Ninth Circuit to revive a case it dismissed, which accuses Yelp! of deleting positive customer reviews, after businesses refuse to pay fees. They claim Yelp! offers to hide negative reviews, if businesses pay for a subscription.

The court tossed out this case, stating the Communications Decency Act protects Internet content providers from liability for users' comments. But the business owners' lawyer says Yelp!'s actions amount to extortion.

Finally, if your small business uses an HP Officejet Pro 8500 or 8600 Wireless, beware. A proposed class action just filed in California court, claims these printers have defective transmissions and can't print unless plugged in.

The complaint says that HP refuses to give refunds but just suggest "work-arounds"--that aren't working.

Keep checking out Lawyers.com, where we'll keep you informed on legal developments that help small businesses.

What You Dont Know About Labor Day

Lawyers.com Legal Beat 2013-08-30 | http://blogs.lawyers.com/2013/08/labor-day-dont-know-video
Did you know the first Labor Day was celebrated on Tuesday, September 5, 1882 in New York City, as a creation of the labor movement? In this video, Editor-in-Chief of Lawyers.com Larry Bodine reminds us that it's a good day to remember how the law has grown since then to protect 140 million people in today's work force.

Your Legal Rights When Pets Attack [Video]

Lawyers.com Legal Beat 2013-08-29 | They say a dog's bark is worse than its bite. But the facts are that 800,000 people are bitten by man's best friend every year -- and need to seek medical attention. Dog bites account for one-third of all homeowner insurance claims.

Lawyers.com Editor-in-Chief Larry Bodine notes dog bites are no laughing matter and explains your legal rights in this video.

In California a woman was out jogging this spring in Los Angeles when four pit bulls attacked her. She was bitten 150 to 200 times and killed. The owner was charged with murder. It's the second time it's happened in California. Twelve years earlier in San Francisco two large dogs mauled a woman to death and the owner was convicted of murder and sent to prison.

Increasingly, dog owners are being held criminally responsible and liable in lawsuits for the attacks by their pet dogs. Most states make dog owners automatically liable for all dog bites. A few states require the victim to prove the dog was vicious or that the owner violated an animal control law, such as a leash law.

If you are the victim of a dog bite, there are several steps you should take:

•Get medical attention right away.Large dogs can exert more than 450 pounds of pressure per square inch -- enough to crush bones.
•Notify animal control and file a police report about the dog that attacked you.
•Take pictures of the wound to prove the extent of your injury.
•Check the laws governing dogs. Most cities require a dog to be on a leash, and some states have vicious dog laws. In Ohio and Maryland, for example, pit bulls are considered inherently dangerous and the owners are strictly liable for injuries they cause. File a claim wih the dog owner's insurance policy. For most breeds, damage from dog bites are covered by homeowner's or renter's insurance.
•You can always talk to a lawyer to learn if you can recover damages. If the owner knew the dogs attacked other people or kept them in an enclosure where they could escape -- they may be liable for negligence.

But probably even the most dogged litigants would be better off avoiding any possible dog bites and for any known vicious dogs — just let sleeping dogs lie.

How to Quiet Noisy Neighbors [Video]

Lawyers.com Legal Beat 2013-08-25 | Summer is here and it's a great time to catch up on your reading. But with the warm weather comes outdoor parties and barking dogs.

Larry Bodine, editor-in-chief of Lawyers.com, has this legal video report to give you more options than living your life with noise canceling headphones.

Under the law you have the right to the quiet enjoyment of your home. You also have the right to stop other people from causing public nuisances and disturbing the peace.

Here are some tips for when you're trying to relax and you hear unpleasant noise, such as your neighbor's dog barking.

Start by calling the police. If you're in an apartment, call the landlord. Almost every city will have a noise ordinance and you may be able to file a Noise Disturbance Complaint Form. Noise pollution is any noise that travels from someone else's yard and crosses your property line. With a barking dog, you can also call animal control.

If raucous neighbors have moved in and the noise won't stop, it's time to visit a lawyer and find out more options. It often makes a more effective impression when you visit your neighbor about noise pollution and start by saying, "I've talked to a lawyer."

Sometimes all it takes to stop the noisemakers is to have your lawyer write them a letter, explaining the criminal and civil penalties for being too loud.

As a last resort, you can file a lawsuit charging the troublemakers with creating a nuisance. It is possible to get a court order forcing them to stop the noise.

Probably the worst thing you can do would be to take the law into your own hands and go on the offensive. (Watch Larry's video as he demonstrates what he means.)

We hope these tips about curbing summertime noise -- will be music to your ears.

Newsbreak: VitaminWater Makes Bogus Health Claims [Video]

Lawyers.com Legal Beat 2013-08-25 | In today's Newsbreak, Lawyers.com Editorial Director Betsy Kim reviews several lawsuits that accuse companies of falsely advertising their products as healthy, with bogus claims.

If you drink VitaminWater because you think it's healthy, you might consider drinking tap water, instead.

A federal magistrate recommended that the Center for Science in the Public Interest's VitaminWater lawsuit proceed as a class action. The consumer advocacy group and customers in New York and California claim the parent company, Coca-Cola, fraudulently marketed the drink as a healthy alternative to soda. The company claimed VitaminWater could reduce risks of eye disease, promote healthy joints and support optimal immune function.

Coca-Cola responded that "No consumer could reasonably be misled into thinking VitaminWater was a healthy beverage."

You think Truvia is an all-natural, low calorie sweetener?

In Hawaii, a complaint filed in federal court says Cargill is deceiving consumers by advertising Truvia is primarily made from a natural plant, Stevia. Plaintiff Denise Howerton claims Truvia contains only one percent of a stevia-derived ingredient. It's 99 percent a synthetic, erythritol. Truvia claims this substance is produced by a natural process, found in fruits like grapes and pears. But the complaint says erythritol is synthetically produced with chemical processing.

It also notes Truvia costs significantly more than alternatives: 300 percent more than Sweet 'N Low and 67 percent more than Splenda.

Finally, taking glucosamine supplements might be a waste of your hard earned money. Makers and sellers of the product claim it improves joint health and rebuilds cartilage. But multiple lawsuits point to scientific evidence, which suggests cartilage regeneration is biologically impossible.

Courts across the country are not tossing out the cases. In New York, a judge recently refused to dismiss a class action against Walgreens for selling and advertising glucosamine. In California, a judge refused to dismiss a case against the supplement maker, Botanical Laboratories.

Keep on checking out our Lawyers.com legal news to make the most informed choices as a consumer.

Breaking Bad Romanticizes Selfishness [Video]

Lawyers.com Legal Beat 2013-08-25 | A Chess Game

AMC's "Breaking Bad" knows how to hit the brain's anticipation and gratifications centers by inviting viewers to guess the characters' moves in a big psychological chess match. Walter White squares off with Hank Schrader, in the second episode of the final series. Hank's wife, Marie, steps up as a queen on her side of the board, dramatically declaring to Hank about Walt, "You have to get him."

What other pawns and pieces are going to fall? Who can outguess the next person's moves to ultimately say "Checkmate"?

The "Buried" Episode

In the most recent episode, "Buried," Hank meets Skyler (his sister-in-law) at a diner, urging her to become a witness against Walt. Skyler responds that Hank's telling her to not first speak with a lawyer does not sound like he has her best interests in mind.

Hank's lawyer, Saul, warns him that Skyler may be cooperating with police. Marie confronts her sister, who with silent tears acknowledges conspiring with Walt in his drug dealing, murders and money laundering. Hank tells Marie he, alone, must solidly nail down the case against Walt, before his office finds out that the deadly drug lord, Heisenberg, was his brother-in-law and right under his nose, the entire time. This would spell the endgame of his career. Hank is about to question, Jesse, Walt's top henchman. Jesse sits in police custody after dumping millions of dollars onto the street, in a stupor of guilt. Walt buries millions of dollars of drug money in the desert.

Selfishness and Crimes Romanticized

Although dramatically compelling, "Breaking Bad" reinforces an incredibly narrow and selfish premise. Walt's values and morals are only about protecting himself and his own at any cost. Having cancer without money for medical care, and worrying about leaving your wife and disabled child destitute are intensely sympathetic circumstances. But Walt is not heroically breaking any shackles of middle-class fear by spreading the scourge of drug addiction and murdering for self-preservation--even when couched as loyalty.

In what's supposed to be a poignant moment, Walt says to Skyler, "You keep the money. Don't ever speak of it. Never give it up, and pass it on to our children. Give them everything. Would you do that? Please? Please don't let me have done all of this for nothing."

"Breaking Bad" romanticizes crime. And we enjoy it. But do Walt and Skyler's love and their family, alone, rise above all else to merit suspension of all rules of decency? Wouldn't a more dignified example of an honorable life be a more courageous legacy to leave your children, contrasted with money covered in dirt?

I'm guessing at the end of the chess match ("Seventh Seal" anyone?) creator Vince Gilligan plans for those blinded by hubris to tumble down to earth, from where all once began. And the long arm of the law will be there.

Compare Notes with a Criminal Defense Lawyer

In the video box above, Jim Keneally, a partner and criminal defense attorney at Harris, O'Brien, St. Laurent & Chaudhry, LLP, in New York City, shares his "Breaking Bad" predictions. Having 25 years experience in criminal law, including defense of drug dealers, Jim discusses what would happen if Walt and his cohorts were actual people. Would Skyler most likely have stood by her man? Stack up your assessments and predictions of "Breaking Bad" against Jim's and mine. And share your comments below or on Twitter @Lawyerscom or @BetsyKim.

Neighbors Squawk over Backyard Chickens [Video]

Lawyers.com Legal Beat 2013-08-20 | Cities and towns around the United States started to bring the barnyard into their backyard. But if you want to change your zoning ordinances to allow henkeeping, Lawyers.com videojournalist Greg Presto reports it can be complicated. One of the country's most respected county governments, Arlington, Virginia, now is in a flap over these feathered friends.

John Vihstadt is a lawyer and chairman of Arlington's urban agriculture task force, a group appointed by the county board to research and make recommendations about henkeeping to the county government.The first step is in the zoning change process.

"Right now, the way the rules are in Arlington County, you really can't have backyard hens unless you have property of an acre or more," says Vihstadt.

Tom Carter wants to change that. Carter is a member of the Arlington Egg Project, an organization trying to get hens legalized in Arlington. He believes when you control the diet of the hen you control the quality of the egg.

"You can have parrots. You can have 20 parrots in Arlington if you wanted. It's OK in Arlington to have pets of almost any kind, as long as they're not food producing pets," says Carter.

Vihstadt points out dogs and cats are part of the fabric of any urban community — but hens are new.

Opposition groups, including one called "Backyards, not Barnyards," oppose the measure for human and animal health reasons.

"How often do they need to be watered, cleaned? What about lights and warmth in the wintertime? If you can't bring them inside, how do you provide for them outside 24/7? There were also some issues in respect to human health. There's been instances of salmonella outbreaks with mail order hens that people have used," says Vihstadt.

Vihstadt and the task force seemed to agree with Carter's group. Its majority report suggests new regulations that would include a setback of only 20 feet from the property line to the chicken coop, buy-in from a majority of adjacent neighbors, a limit of four hens, and no roosters--after all, roosters make noise.

"The task force took 'eggstra' special care to come up with what we thought most people could live with," said Vihstadt.

The task force report is just an early step in the process of changing zoning rules for henkeeping.

Now, the proposals must be:

•Reviewed by the county manager
•Assessed to determine fees and monitoring rules
•Reviewed by the county board
•Voted upon by the board ... or not
Changing a county's henkeeping zoning laws is not simple.But perseverance pays off.

"Most jurisdictions who have legalized hens do not appear to have had a whole lot of problems with them. And so we're cautiously optimistic that we can craft a protocol that will work without breaking too many eggs," says Vihstadt.

The recommendation Vihstadt's task force may eventually allow this coop in Arlington to be fully legal. But no matter what the county government decides, expect that someone will have their feathers ruffled.

Newsbreak: NFL Concussion Case Faces Deadline [Video]

Lawyers.com Legal Beat 2013-08-20 | Betsy Kim, editorial director of Lawyers.com, provides today's Newsbreak for sports fans.

Former Chicago Bulls star Scottie Pippen is being sued for four million dollars. He's accused of assaulting a man at a Malibu restaurant. Camran Shafighi claims he wanted to take Pippen's picture for his girlfriend's 12-year-old son. Some witnesses reported the plaintiff seemed drunk. An argument erupted and Shafighi ended up in the hospital with a head injury and filing a lawsuit against a winner of six NBA championship titles.

The NCAA has its own headache to deal with. Plaintiffs claim the association failed to protect student athletes from concussions -- and now asked a Chicago federal judge to expand the lawsuit to include thousands of athletes across the country. Two years ago, a former member of the Eastern Illinois University football team and other athletes filed the case.

Meanwhile parties to the multi-billion dollar concussion lawsuit against the NFL have until Sept. 3 to resolve their case in mediation.More than 4,200 former football players claim the league concealed information on head injuries and that they're now suffering lingering effects of serious brain injuries.

Finally, Major League Baseball is accused of stealing more than just bases. A New York City federal lawsuit claims the league violated minimum wage laws by failing to pay more than 2,000 volunteers, who worked the All-Star FanFest in mid-July.

The plaintiff claims the event generated over 190-million dollars for the local economy—but the volunteers received only souvenirs, not wages. Their attorney says Major League Baseball is not a non-profit and could have easily afforded to pay these workers.

But the League has already invited the volunteers to work for free at the All-Star game in Minneapolis, next year.

Keep checking out Lawyers.com for legal news, including cases involving some rather unsportmans-like behavior.

The Hookah Lounge War Is On [Video]

Lawyers.com Legal Beat 2013-08-20 | There are hundreds of hookah lounges in the U-S, mostly in college towns and urban areas. The lounges have enjoyed an exemption to clean indoor air laws because they have defined themselves as "tobacco shops."No more.Lawyers.com videojournalist Lisa Reilly reports the hookah lounge war is on.

The front line is here in Boston. After allowing a few lounges to open, the city has clamped down and passed a law that forces all of the city's hookah lounges to shut down by 2019.

"I think the response that we get from the local government and public health commissions of the world is reactionary," says Ben Bencharit, co-owner of the Nile Lounge.

Boston now is just one of dozens of states, cities and towns across the country pouring cold water on hookah.

Lounge opponents say that hookah with its flavored tobacco smoke bubbling through cooling water is the gateway to cigarette smoking.

"There's a risk that people who are non-smokers will be drawn to these places, enjoy the social aspect of using hookahs in these lounges. Then find themselves addicted to nicotine and needing to buy packs of Marlboros," says Mark Gottlieb, executive director at the Public Health Advocacy Institute.

Hookah use is growing. At least one of five U.S. college students have tried hookah in the last year.

"I haven't seen any studies. I've personally looked it up and I didn't see anything that shows that people who smoke hookah turn into a cigarette smoker themselves," says Alex Lewis, co-owner of the Nile Lounge.

"Less than 10 percent of smokers start after the age of 20. So it's a very important time to not be experimenting with cigarettes or any other kind of tobacco addiction when someone is 18, or 19, or 20 years. And that is a key demographic for hookah lounges," says Gottlieb.

"With lack of nightlight for kids under 21, I think they appreciate that there is an alternative to going out and drinking. So that's something that we do provide for this community," says Bencharit.

"You have the other people, people who work there and the neighbors of the hookah lounges that are also placed at risk," says Gottlieb.

"There are all these processes that regulate this stuff. We should have faith in the system rather than try to go through with something drastic. I just don't think that shutting down businesses is the smart thing to do," says Bencharit.

Boston's hookah lounge owners already are talking about lobbying to fight the upcoming ban.

Enter the Lawyers.com Photo Contest - Time is Running Out!

Lawyers.com Legal Beat 2013-08-16 | Hurry! Capture "Lawyers.com" in a photo and you could win $5,000 toward a vacation getaway!
http://ow.ly/nGecB
Get creative: write Lawyers.com in the sand, spell it with sea shells, display Lawyers.com on your mobile device in front of a waterfall. The possibilities are endless! Put our website name in a photo whenever, wherever you are -- because Lawyers.com is here for you: whenever, wherever you need it.
Submit your photo by September 2, 2013. One Grand Prize winner and five finalists will be selected for most creative use of the Lawyers.com name and overall photo quality. Prize vouchers will be awarded through United Vacations®.

Protect Yourself When Buying Your Home [Video]

Lawyers.com Legal Beat 2013-08-13 | Analysts say if Congress shuts down Fannie Mae and Freddie Mac, the government-backed mortgage financing companies, mortgage rates are expected to rise. Plans proposed by both the House and Senate shift more risk from the government to the private sector over the next five years. On Tuesday, President Obama expressed support for modifying the government's mortgage system. This reminded many people that now is still a good time to buy real property.

If you're thinking about buying a house, don't let your dream home turn into a legal nightmare. Watch our Lawyers.com video. Matt H. Mayes takes you through the steps when buying a house or apartment.

After signing a contract, the buyer can hire an inspector to make sure the answers on the seller's disclosure form are true and that the house is in working order. A seller's disclosure requirements include

•Answering all the questions on the disclosure form honestly and to the best of his or her knowledge.
•Notifying the buyer of important changes that have happened.
•Answering truthfully any of the buyer's questions, even if the questions are not on the disclosure form.

Charles Meyer, a Los Angeles real estate attorney and partner at Meyer & Felson, says if a buyer does not like the results of a home inspection there are three options. The seller can try to fix the problem. The seller and buyer can negotiate an amount to lower the purchase price to satisfy the buyer. If they can't come to an agreement, and the buyer has an inspection contingency, the buyer can terminate the contract.

As another protect for buyers, Charles point to the mortgage or loan contingency. This says if the buyer cannot obtain a mortgage at or less than a specified rate by a certain date, the contract is not valid. An appraisal contingency allows a buyer to terminate a contract if appraisal of the property is not at the value of the purchase price. Finally, if the buyer discovers the seller did not disclose an important issue found at the inspection, the buyer can terminate the contract up to the date of the closing.

Watch Matt's video for guidance on your legal rights in purchasing a home. You can check out Lawyers.com for more information on real estate law and attorneys in your area.

Newsbreak: North Carolina Mixes Booze and Guns [Video]

Lawyers.com Legal Beat 2013-08-13 | In today's Newsbreak, Editorial Director of Lawyers.com Betsy Kim provides a round-up of developments in state gun laws.

Colorado, the scene of last year's horrific movie massacre, has limited ammunition magazines to 15 rounds. The state is also expanding background checks to private and online sales. A majority of Colorado sheriffs have signed onto a lawsuit that opposes these measures.

Don't pick a fight in a bar in North Carolina, because the law allows people with gun permits to bring concealed guns into restaurants where alcohol is served. The law goes into effect on Oct. 1. The new law expands the places where concealed weapons are allowed to include parks, bars and restaurants that serve booze. Restaurants, however, can post signs prohibiting guns.

In Alabama, a new law allows people with concealed carry permits to keep guns locked in their cars, while at work. Hunters with licenses can also keep their unloaded rifles and shotguns locked in their car in employee lots. Often referred to as the "guns in the parking lot" law, it applies even when employers prohibit bringing firearms to work.

Finally, following George Zimmerman's trial for the shooting death of Trayvon Martin, Florida lawmakers will hold a hearing in the fall on the state's "Stand Your Ground" law. For weeks, protesters had demonstrated at the Capitol in Tallahassee. The legislative committee will look at whether the law should be clarified and if it's being administered fairly. But Governor Rick Scott, Senate President Don Gaetz and House Speaker Will Weatherford have rejected calls for a special legislative session to repeal the law.

Watch Betsy's full video report and keep checking in to Lawyers.com. We'll keep you informed on the latest news in gun control and the Second Amendment.

Your Legal Rights with Airport Security [Video]

Enter the Lawyers.com Photo Contest Today!

Lawyers.com Legal Beat 2013-08-12 | Capture "Lawyers.com" in a photo and you could win $5,000 toward a vacation getaway!
http://www.wishpond.com/sbpc/64807?utm_source=facebook&utm_medium=social&utm_content=facebookpost1&utm_campaign=photo+contest
Get creative: write Lawyers.com in the sand, spell it with sea shells, display Lawyers.com on your mobile device in front of a waterfall. The possibilities are endless! Put our website name in a photo whenever, wherever you are -- because Lawyers.com is here for you: whenever, wherever you need it.
Submit your photo by September 2, 2013. One Grand Prize winner and five finalists will be selected for most creative use of the Lawyers.com name and overall photo quality. Prize vouchers will be awarded through United Vacations®.

Tips for Going Through Airport Security

Lawyers.com Legal Beat 2013-08-09 | Summer is one of the biggest travel seasons of the year. But, you shouldn't have to check your rights when you check your baggage. Larry Bodine, Editor-in-Chief of Lawyers.com, gives a report on your rights when flying.
http://blogs.lawyers.com/2013/08/airport-security-video

Do You Feel Threatened by Governmental Spying? [Video]

Lawyers.com Legal Beat 2013-08-04 | Do you feel Edward Snowden is a hero or a traitor? Lawyers.com Editorial Director Betsy Kim takes that question to the streets in this video report. People join Lawyers.com in the national conversation about the National Security Agency's PRISM program, and the appropriate balance between security and privacy. In addition to the lawsuits reported by Lawyers.com, this report shows people expressing a broad spectrum of diverse opinions.

"I think that I have become more cautious, more self-aware, perhaps even more afraid, unfortunately," says Clara Irazabal.

"I feel more safer and I'm willing to sacrifice what I believe to be very little intrusion. And as a citizen here, if you're doing nothing wrong, you don't have anything to worry about," says Tom Mendez.

Snowden, an NSA contractor, leaked classified documents to The Washington Post and The Guardian. He claimed PRISM allows collection of information from the servers of nine popular Internet providers including Facebook, Google, Microsoft and Yahoo. The Foreign Intelligence Surveillance Act (FISA) protects private companies who cooperate with the government's intelligence gathering from lawsuits.

"I feel people who are doing things like that and are guilty of things like that, of course, they should be mindful. But I'm not worried because we're good people," says Danica Chunasamy.

However, Ruby Simon says, "The broader picture of sort of like why would they even be monitoring that kind of information in the first place does concern me."

The government says FISA orders only target non-Americans "reasonably believed to be located outside the United State." On CNN, President Obama assured Americans "No one is listening to your phone calls."

But details of millions of calls, emails, text chats, and online communications are collected. The government says it's not looking at the data, only the phone calls if someone is suspected of terrorist involvement. Then a judge authorizes monitoring the communications.

"The Snowden controversy just confirms everything I think that has been out there. I'm not really too worried about it. With everything so digital these days and people, at least with the younger generation, volunteering so much information online, you know, everything's out there," says Justin Carter.

In a Quinnipiac University poll, 55% called Snowden a "whistleblower" compared to 34% who labeled him a "traitor." Similarly, in a Lawyers.com poll, 68.1% said he was a hero for uncovering governmental wrongdoing, compared to 31.9% who voted he should be prosecuted as a criminal.

Whether you agree with and trust the current administration or accuse it of overreaching, the disagreement remains. Let us know your views in the comments below. Are such powerful surveillance capabilities needed for security or can they all too easily be abused?

Free Software Assures Electronic Privacy [Video]

Lawyers.com Legal Beat 2013-08-01 | If you're worried about the government or other third parties accessing your electronic communications, watch Lawyers.com Editorial Director Betsy Kim's video report on this free software, called Dispatch.

You can find it in the Google or Apple app stores by typing in "Dispatch Reporter."

Columbia Graduate School of Journalism Assistant Professor Susan McGregor and Columbia University student researchers Mathias Lecuyer and Madeline Ross are working on further developing this software.

"Dispatch is a mobile application that provides secure, encrypted, authenticated communication and publishing for journalists and everyone," says Susan.

After downloading the software, you choose an ID that is not tied to any of your known electronic identities, such as email, Facebook or Twitter. This way you can preserve your anonymity. Dispatch then assigns you a QR code. You scan your contacts' QR codes. No one but the users know the senders' or receivers' identities.

Your message is fully encrypted, so no one can read it while it's transmitted. Once the receiver gets your message, it's deleted off the server. However your message stays on your personal handheld device until you delete it.

Susan McGregor
Susan explains that the Electronic Communications Privacy Act of 1986 has not kept up with privacy concerns with developing technology. For example, emails more than 180 days are considered "abandoned" and can be obtained from your service provider with a subpoena. That includes more than just the metadata but the actual content of your messages.

Madeline particularly appreciates the software's ability also to immediately publish onto a Tumblr blog. This helps journalists in danger zones ensure their stories won't be confiscated or destroyed but can quickly become public.

Mathias is not worried that this software will be abused by just say, potential terrorists. He believes malicious users already have tools to get around interception. Mathias also appreciates how his work helps protect the right to privacy. "The founding fathers realized that giving freedom of expression and privacy was doing more good to the overall society," he says.

Newsbreak: Pet Store Accused of Puppy Mill Cruelty [Video]

Lawyers.com Legal Beat 2013-07-31 | Lawyers.com Editorial Director Betsy Kim provides today's "Consumer Beware" Newsbreak, with three stories about companies accused of fraud and deceptive trade practices.

If you're thinking of buying Skechers toning shoes, think twice. The Federal Trade Commission last year charged the California-based shoe company of deceptively advertising that its toning shoes would help people lose weight and strengthen their bodies.

Under an FTC settlement, $40 million dollars has recently been mailed to consumers, who bought Skechers toning shoes. Skechers can no longer claim wearing their toning shoes results in weight loss or fitness-related benefits, unless backed by scientific evidence.

Applebee's, Marriott Marquis Hotel, Olive Garden, Red Lobster and Ruby Tuesday in midtown Manhattan are accused of automatically adding tips to customers' bills. A lawsuit accuses the restaurants of price-fixing, all raising the tabs for diners in a deceptive manner. The plaintiff's lawyer says New York City only allows adding a 15 percent maximum gratuity to parties of eight or more.

Seeking a class action, the lawsuit alleges antitrust and consumer law violations.

The Chicago pet store chain, Furry Babies, is accused of selling sick puppies from puppy mills. The Animal Legal Defense Fund, the Humane Society of the United States, the Puppy Mill Project and law firm Edwards Wildman filed the lawsuit. It claims the puppies are often born and raised in inhumane conditions and shipped at ages younger than what's allowed by animal welfare laws.

Furry Babies claims the pups come from reputable breeders. But the USDA has cited Furry Babies' suppliers for breeding dogs in waste-filled, freezing conditions, leaving them with untreated diseases and in unkempt conditions. The plaintiffs claim, this violates consumer laws. People unwittingly buy dogs, which later suffer from physical and behavioral problems.

The Humane Society of the United States video depicts actual puppy mill animals as file footage, not specifically Furry Babies puppies.

So, if you feel you've been ripped off by a business, we suggest you seek redress and with qualified legal representation, stand up for your rights as a consumer.

Newsbreak: Courts Try Undermine NLBR [Video]

Lawyers.com Legal Beat 2013-07-30 | Lawyers.com Editor-in-Chief Larry Bodine discusses two cases that are crippling NLRB power ruling President Obama's recess appointments to the board were illegitimate, thus potentially nullifying all the board's subsequent decisions.

Newsbreak: News of the Weird [Video]

Lawyers.com Legal Beat 2013-07-30 | Larry Bodine provides a video Newsbreak Round-up of bizarre and funny cases from around the country.

Newsbreak: Discrimination Against Volunteers Allowed [Video]

Lawyers.com Legal Beat 2013-07-30 | Larry Bodine provides Newsbreak on a case that holds an organization can discriminate against a volunteer, who is not an employee.

With Terror Suspect Nearby, Would Bostonians Feel Safer with Guns? [Video]

Lawyers.com Legal Beat 2013-07-30 | Advocates of both sides of the gun debate comment on state of emergency with Boston lockdown following marathon bombs and pursuit of suspects

Copyrighting your Web Creations

Lawyers.com Legal Beat 2013-07-30 | Intellectual property needs to be protected especially when it goes viral. When you own the intellectual property rights to something, you are only protected if you register your copyright. There are forms to complete and a fee pay, but the process

Can Your Tweets Be Used Against You?

Lawyers.com Legal Beat 2013-07-30 | Can Your Tweets Be Used Against You?

Wacky and Bungled Criminal Cases [Video]

Lawyers.com Legal Beat 2013-07-30 | Editor-in-Chief Larry Bodine tells some strange but true legal stories that show crime doesn't pay,