Today I received in my emails from someone marketing information for Accounts Payroll, some sort of seminar on who gets 1099's for on a settlement dispute. It seems to me that allocation should take place in the settlement agreement, otherwise if the income was a write off to the credit card company, it is their problem, should be recaptured as income, and should NOT have to be declared by the creditor--because most of it typically consists of those illegal $35 overlimit and late payment amounts--which are illegal.
No person damages by brach of contract gets a wind fall. Charging $35 for being a few days late on a payment IS a windfall to the creditor. Once that happens, the debtor should cancel the card and inform the creditor that the charge IS illegal. All you get for breach of contract (and this is legal theory going back centuries to English commonlaw) is ACTUAL DAMAGES. How many times must I repeat this. If someone breaches a contract, all they get is actual damages.
So when your credit card company hikes up your bills by $35 for an overlimit charge (which they created), and then a $35 charge for being a few days late, a month late or whatever, you should know those charges are illegal.
Why do you think in court the companies are sooooo eager to settle accounts for pennies on the dollar. If you asked for discovery on the original contract you signed, they probably lost it. If you ask for discovery of all your purchase amounts and interest and fee charges, you will probably find them running an even 2 to 1! That's right. A fifty percent or more penalty for being late, or having lost your job or having a sick dependent or even illness yourself.
There are numerous petitions on www.mypetitionsite.com on making corporations no longer a protected "citizen" under the Constitution and that stricter law may apply to them than citizens--ie, the right to make unlimited campaign contributions as a "citizen" of the US. Please sign and support those.
Wednesday, November 30, 2011
Saturday, November 26, 2011
Commandering a Webpage–Merk & Co. vs. Merk KGaA
Merck KGaA said it had entered into an agreement with Facebook for the exclusive rights to www.facebook.com/merck in March 2010.
Comment: With regard to US trademark law, the US Trademark Office doesn't really get into disputes between rival divisions of company, separate but related companies, and even past split offs and spin offs which apparently this was.
As a result, these issues will need to be litigated in either a US court having jurisdiction, or in one of the international courts regarding the internet--a very costly move.
Just who owns the pages on Facebook and how are they litigated will be a very interesting questions for busiensses.
If you don't have a contractual agreement with all your related companies, past and present, you will not be able to sue for beach of contract, therefore: "Merck is considering causes of action for breach of conduct, tortious interference with contract, tortious interference with prospective business advantage, and/or conversion."Friday, November 25, 2011
Cyberattacks--Who is responsible?
From the BBC today:
Cybersecurity: Ministers seek help from business
The government says it is planning "unprecedented co-operation" with the private sector to combat cybercrime.
Cabinet Office Minister Francis Maude said its Cyber Security Strategy would make the UK "one of the most secure places in the world to do business".
Data sharing between government and business on cyber threats will increase while a new unit within the MoD will look at cyber "military capabilities".
Cyber-attacks are ranked on a par with international terrorism as a threat.
Last year's national security strategy listed hostile computer attacks as one of four "tier-one" threats to the UK and ministers have set aside £650m of new money to better protect key infrastructure and defence assets from "cyber warfare".
Comment:
One of the interesting aspects of this article is that I have heard from several business owners that it's the Russian Mafia that is responsible for many hackings and cyber attacks.
In an online poll of a computer/hacking website, the 82% of users said the Russians were the best hackers.
If you google "Russians and hacking" numerous websites online declare that Russians and the Chinese are the greatest hackers and can also attack our utilities. Well, there is no profit in that. What most business owners are complaining of is theft of credit card information. While a small to medium business owner is best ceasing to store any credit card information on local computers, most consumers find this to be a horrid pain, typing in you address and complete credit card information with each purchase, it would seem that the local business could keep all credit card numbers, except the last 4, or the last 4 could be encoded with a hand kept code done by mathematical algorithm.
Thursday, November 24, 2011
The Occupy Movement and Your Constitutional Right to Protest
Peaceable assembly. What rights do US citizens have? Can we occupy our parks, open areas and other public areas that we pay for and support.
FromWikipedia
FromWikipedia
"The right to protest is a perceived human right arising out of a number of recognized human rights. While no human rights instrument or national constitution grants the absolute right to protest, such a right to protest may be a manifestation of the right to freedom of assembly, the right to freedom of association, and the right to freedom of speech.[1]
Many international treaties contain clear enunciations of these rights. Such agreements include the 1950 European Convention on Human Rights, especially Articles 9 to 11; and the 1966 International Covenant on Civil and Political Rights, especially Articles 18 to 22. However, in these and other agreements the rights of Freedom of assembly, freedom of association, and freedom of speech are subject to certain limitations. For example, the International Covenant on Civil and Political Rights contains prohibitions on advocacy of "national, racial or religious hatred"; and it allows the restriction of the freedom to assembly if it is necessary "in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others." (Articles 20 and 21.)
Protesting, however, is not necessarily violent or a threat to the interests of national security or public safety. Nor is it necessarily civil disobedience, because most protest does not involve violating the laws of the state. Protests, even campaigns of nonviolent resistance or civil resistance, can often have the character (in addition to using nonviolent methods) of positively supporting a democratic and constitutional order. This can happen, for example, when such resistance arises in response to a military coup d'état;[2] or in the somewhat similar case of a refusal of the state leadership to surrender office following defeat in an election."
While the right to protest is not specifically enumerated in the US Constitution, it appears to fall under the right to freely assemble and the right of free speech.
My favorite to the SunTimes this week went:
Let's see, we can occupy Afghanistan (for opium), we can occupy Iraq (for oil), we can even now occupy Libya (for more oil), but we can't occupy our own parks and public spaces for the purpose of protesting incredible tuition hikes, massive unemployment, shipping jobs overseas, etc.
And the news media (which I guess belongs to the 1%) keeps on saying the protesters are disorganized and have no agenda. What's up with that?
Take a look at http://boingboing.net/2011/11/18/police-pepper-spraying-arrest.html
you will not believe 1) how peaceful protesting students were pepper sprayed like bugs and 2) how the crowd chanted "shame on you", surrounded the officers peacefully (despite the fact they were carrying guns, tear gas rifles and batons) and moved the POLICE out of the area by chanting "you can go" repeatedly.
While mayors around the world will be watching this on how to prevent such protests, students can learn how to conduct a peaceful, effective protest.
This is all over the internet. The news media cannot shut down what millions of people have already viewed, over and over. The truth is that the protests have great meaning, they are done in peace, and they are amazingly effective.
Wednesday, November 23, 2011
FBI deniest water utility hacking by Russians
From the BBC today:
Reports of a hacking attack raised fears about the security of the US water system
The occupy movement needs to get involved with the CDC, NIH, EPA and other government agencies that continue to favor the interests of big business over the consumer. Organic shouldn't be an option--the government has a duty to keep known toxins out of our food supply and ensure crops are fertilized with compost and manure which has many, many more nutrients rather than the "spray on" Monsanto, Cargill, ADM type of only 8 to 10 nutrients. The human body needs 98 nutrients per day. Where do you think our current epidemic of heart disease, cancer and dementia is coming from? Our nutrient poor crops, lack of independent (not drug company sponsored research) by the NIH and CDC, and the lassiez faire approach of the EPA.
Oh, don't get me going. The Occupy movement is only at the tip of the ice berg. Andrew Jackson said that corporations left to run amuck will become the greatest threat to any democracy.
FBI plays down claim that hackers damaged US water pump
Reports of a hacking attack raised fears about the security of the US water system US officials have cast doubt over reports that a water pump in Illinois was destroyed by foreign hackers.
The FBI and the Department of Homeland Security said they had "found no evidence of a cyber intrusion".
The Illinois Statewide Terrorism and Intelligence Center (STIC) previously claimed a hacker with a Russian IP address caused a pump to burn out.
A security expert, who flagged up the story, said he was concerned about the conflicting claims.
Information about the alleged 8 November breach was revealed on Joe Weiss's Control Global blog last week. His article was based on a formal disclosure announcement by the Illinois STIC.
The report said that the public water district's Supervisory Control and Data Acquisition System (Scada) had been hacked as early as September.
It claimed that a pump used to pipe water to thousands of homes was damaged after being repeatedly powered on and off.
It added that the IP address of the attackers had been traced back to Russia.
The news attracted attention because it could have been the first confirmed case of foreign hackers successfully damaging a US utilities.
The occupy movement needs to get involved with the CDC, NIH, EPA and other government agencies that continue to favor the interests of big business over the consumer. Organic shouldn't be an option--the government has a duty to keep known toxins out of our food supply and ensure crops are fertilized with compost and manure which has many, many more nutrients rather than the "spray on" Monsanto, Cargill, ADM type of only 8 to 10 nutrients. The human body needs 98 nutrients per day. Where do you think our current epidemic of heart disease, cancer and dementia is coming from? Our nutrient poor crops, lack of independent (not drug company sponsored research) by the NIH and CDC, and the lassiez faire approach of the EPA.
Oh, don't get me going. The Occupy movement is only at the tip of the ice berg. Andrew Jackson said that corporations left to run amuck will become the greatest threat to any democracy.
Tuesday, November 22, 2011
HTC looses patent infringement claims at ITC
One of the things that patent owners can do to protect their products is to register their patent and trademark rights with US Customs. Customs can then sua sponte, or as informed by a patent owner, seize all infringing goods under 35 CFR section 137 and hold the goods until an administrative hearing is held in Washington DC.
Apparently this happened with a shipment of Apple phones into the US. HTC has been longing to get rid of iPhone, iPad, etc. by claiming patent infringement of its graphics patents.
Today, the appeals court at the ITC delcared two graphics patents held by HTC to be not infringed by Apple products. HTC stock fell 5%.
Apparently this happened with a shipment of Apple phones into the US. HTC has been longing to get rid of iPhone, iPad, etc. by claiming patent infringement of its graphics patents.
Today, the appeals court at the ITC delcared two graphics patents held by HTC to be not infringed by Apple products. HTC stock fell 5%.
Monday, November 21, 2011
College Expenses--Don't wait to file a Petition
In re the Marriage of Petersen, No. 1108984, 2011 WL 4391130 (Ill. Sep. 22, 2011), holds that a divorced party, whose divorce decree reserves the issue of college expenses and who wishes to later petition a court to force their ex-spouse to contribute to said expenses, cannot obtain contributions for expenses that predate the petition.
In a recent case decided by the Illinois Supreme Court, the court decided that a wife’s Petition for contribution to college expenses could not operate retroactively, but said college expenses would only be awarded for current bills and invoices.From the ISBA:
Overall, Petersen nonetheless provides a cautionary reminder for thousands of divorced individuals in Illinois. Namely, spouses who possess divorce decrees that reserve college expenses for further determination, yet eventually desire to obtain a contribution to these expenses from their ex-spouse, must be sure to petition the court for said contribution at the earliest possible time to ensure they are not precluded from receiving contributions for expenses that predate the petition. Notably, Petersen does not expressly explain when an expense will be deemed to have predated a petition. Is the date upon which the expense is incurred instructive? The invoice due date? The actual date of payment? Absent express guidance from the court, family law practitioners should err on the side of caution and advise their clients to file their petitions for college contributions as soon as practicable. Otherwise, the client could end up footing the bill for thousands of dollars that may otherwise be subject to contribution from their ex-spouse.
For further info, see:http://www.isba.org/sections/familylaw/newsletter/2011/11/collegeexpensecontributionsbydivorc
Sunday, November 20, 2011
Chicago Parking Tickets--Dismissed! No boot!
Today I found out how you can get out of all boot charges, and that involves having the client die. I went out to my car today to find a boot on it. Over about 2 or 3 years I received a number of dumb ticket for parking "in an alley" (not true, the "alley" is actually a private drive and not part of the city), for not having a current registration (my mom forgot to give me the paperwork, she had terminal cancer), and silly me, I just mailed in the evidence (which I think they just toss away), thinking everything was okay (though I know they post this on the internet someplace).
Meanwhile she continues to get the notices but isn't interested any longer in the problems of life.
So I got a boot. But with a copy of a certified death certificate, which they fax and review some place, I have no idea, they did in fact take off the boot and I don't believe there are any charges against the car any longer.
Yeah.
So remember, if the owner of the car dies, you can get those dumb tickets dismissed and all you need is a copy of a death certificate.
It takes about an hour or so them to do this, and I don't know why, but be prepared to spend some time at your local facility.
Meanwhile she continues to get the notices but isn't interested any longer in the problems of life.
So I got a boot. But with a copy of a certified death certificate, which they fax and review some place, I have no idea, they did in fact take off the boot and I don't believe there are any charges against the car any longer.
Yeah.
So remember, if the owner of the car dies, you can get those dumb tickets dismissed and all you need is a copy of a death certificate.
It takes about an hour or so them to do this, and I don't know why, but be prepared to spend some time at your local facility.
Saturday, July 2, 2011
Trademarks and Your WebPage
On Trademarks, Copyrights and Your Webpage.
Generally, I advise clients first to file on the products they sell, and then on the services of selling the products. If you are just running a blog, unfortunately you can’t even get a service mark on that, because those services are provided for free. But if your blog links to a website that shows the customer your recommended products and those are sold, THEN you can obtain a service mark for that blog.
If you hand out pamphlets for free you cannot obtain a service mark or trademark registration. But if you sell them, then you can get trademark and service mark protection.
Next, you should probably file on the typeface form of your mark because then you will be able to use it in any form. If you file on stylized lettering or include a logo, if you change the style of lettering or logo, that changes the commercial impression of the mark and you will have to abandon your old registration if you will no longer be using it and then file on a new trademark registration. If your corporation is well capitalized and finanacially able to do so, you would file on all three versions of the mark 1) the typeface form; 2) the stylized letters, if any; and 3) the mark and design. You should always use the mark in the same manner on all your products and services and in advertising, packaging, labeling, etc. for the strongest protection. This creates the strongest commercial impression among your consumers.
Before you put that circle-R on anything, be sure your mark is registered for those goods and services. If you are expanding your product line, it is fraudulent to use this designation if you do not have the actual registration listing those exact goods in hand, so make sure you do this before you put that circle-R on your new product labels.
If you have a free blog, you are not entitled to service mark protection for that blog. And if you have obtained a registration for that blog, the registration maybe invalid because protection is only available if the customer pays for the product or service. There must be a link.
The mark should always be used in connection with the legal name of the trademark owner. For example, if you mark is SWEETNESS as used on a car, the name of the corporation owning the mark should be used on the product and if you have a webpage, the mark SWEETNESS should be used with the picture of the car and somewhere on the page it should have the legal name of the corporation owning the mark, as shown in the trademark registration. If the mark is owned by a separate entity, say a trademark holding company, or an individual’s name (there are some tax benefits to this, namely, intellectual property royalties are treated the same as long term capital gains and are not ordinary income), a written license must be completed and filed with the USPTO. Otherwise the mark may be invalid under the doctrine of “naked licensing.”
Talk to your trademark attorney regarding these issues.
Generally, I advise clients first to file on the products they sell, and then on the services of selling the products. If you are just running a blog, unfortunately you can’t even get a service mark on that, because those services are provided for free. But if your blog links to a website that shows the customer your recommended products and those are sold, THEN you can obtain a service mark for that blog.
If you hand out pamphlets for free you cannot obtain a service mark or trademark registration. But if you sell them, then you can get trademark and service mark protection.
Next, you should probably file on the typeface form of your mark because then you will be able to use it in any form. If you file on stylized lettering or include a logo, if you change the style of lettering or logo, that changes the commercial impression of the mark and you will have to abandon your old registration if you will no longer be using it and then file on a new trademark registration. If your corporation is well capitalized and finanacially able to do so, you would file on all three versions of the mark 1) the typeface form; 2) the stylized letters, if any; and 3) the mark and design. You should always use the mark in the same manner on all your products and services and in advertising, packaging, labeling, etc. for the strongest protection. This creates the strongest commercial impression among your consumers.
Before you put that circle-R on anything, be sure your mark is registered for those goods and services. If you are expanding your product line, it is fraudulent to use this designation if you do not have the actual registration listing those exact goods in hand, so make sure you do this before you put that circle-R on your new product labels.
If you have a free blog, you are not entitled to service mark protection for that blog. And if you have obtained a registration for that blog, the registration maybe invalid because protection is only available if the customer pays for the product or service. There must be a link.
The mark should always be used in connection with the legal name of the trademark owner. For example, if you mark is SWEETNESS as used on a car, the name of the corporation owning the mark should be used on the product and if you have a webpage, the mark SWEETNESS should be used with the picture of the car and somewhere on the page it should have the legal name of the corporation owning the mark, as shown in the trademark registration. If the mark is owned by a separate entity, say a trademark holding company, or an individual’s name (there are some tax benefits to this, namely, intellectual property royalties are treated the same as long term capital gains and are not ordinary income), a written license must be completed and filed with the USPTO. Otherwise the mark may be invalid under the doctrine of “naked licensing.”
Talk to your trademark attorney regarding these issues.
Saving Money on Legal Fees for Businesses
Cutting Legal Fees for Corporations and Businesses.
If you’re a a business or corporation and you are interested in saving on legal fees, here are a few tips for you:
1) Look for a law firm that posts on their website their flat fees and policies. Many times you can negotiate these fees even lower, especially if you have a number of projects.
2) Lawyers really aren’t supposed to bill for reviewing documents, especially if they are short. Ask for that to be taken off the bill. They should only be billing for writing their opinion or emails.
3) Big firms charge for things like secretarial services, organizing your files, and all sorts of things. There’s nothing worse than getting a bill for $50 per hour for some secretary typing up a letter, an email or even a contract. Ask for that to be removed.
4) Fax and copy charges. Lawyers provide fax, scanning and copy services as a convenience to their clients. Some clients use these items more than others. But there’s no reason to pay 50 cents or 75 cents per page for things that are often all electronic. Some firms even bill for print outs on the network laser printer. Ask that copy, scan and fax charges be cut to what Kinko’s charges.
5) You have the right to know if the firm puts a surcharge on postage and other disbursements. Ask that all surcharges be removed from your bill. You have the right to original receipts. If you think there is a problem, just ask.
6) Look for firms that put the basics on their website so you don’t always have to email your lawyer or call him or her about simple questions such as the basic procedure for filing and preparing documents. Most lawyers like to talk about themselves and their achievements on their websites. Better lawyers put up information to help the client understand what s/he needs to do to assist the lawyer and what will happen and what the charges will be. Pay careful attention to the billing practices and policies page, and if there isn’t one, ask for one.
7) If you are doing litigation, lawyers aren’t supposed to charge for excessive amounts of time spent on legal research. They are supposed to know the basic law and then research for only the latest case updates. Be sure to ask that you will only be charged 6 hours or less for basic case updating on each legal motion or project. If the case law is complex or intricate, this may not work. For example patent cases on dismissing a case for failure to join the inventor are more complex than searching for cases on basic contract law.
8) Get your corporate fees and entities under control. Be sure you are not forming more corporations, esp. LLC’s than you actually need to accomplish a particular purpose. If you make your corporate name the same as your products and services, you can save some money by having to file for and pay the assumed name fee. Also, LLC’s cost more to file and maintain than standard corporations. Always ask your attorney why he or she is filing an LLC and if there’s no good reason, ask for a standard corporate filing. LLC’s were offered as a way to allow flexibility in the formation and start of a corporation. Some companies start off more as partnerships and then advance to full corporate limited liability. Don’t let the name “LLC” fool you. If you have structured your business like a partnership and not a corporation, this invokes the doctrine of personal liability. But if you move your LLC more toward the corporate end with corporate officers and corporate formalities, By Laws that state that no personal liability is intended, etc., then personal liability should not attach.
The problem is, you could spend a lot of money trying to prove this in court. Your lawyer should explain this disadvantage to you. A standard corporation is cheaper to file and maintain and if you follow corporate formalities and obtain adequate business insurance, then insulation from personal liability should not be an issue.
9) If you’re not making any money, or much money (more than $200,000 for each corporate officer), then consider filing an NFP. Those are extremely cheap to file and maintain. (At this current writing, $50 to incorporate and $25 per year for the annual report.) Most small businesses don’t make that much money, and if your purpose is educational, medical, or something that could be classified or directed that way, then an NFP is for you. If you want donations that are tax deductible, you will need to get a 501(c)(3) too, but that is not required.
Good luck on saving money on legal fees!
If you’re a a business or corporation and you are interested in saving on legal fees, here are a few tips for you:
1) Look for a law firm that posts on their website their flat fees and policies. Many times you can negotiate these fees even lower, especially if you have a number of projects.
2) Lawyers really aren’t supposed to bill for reviewing documents, especially if they are short. Ask for that to be taken off the bill. They should only be billing for writing their opinion or emails.
3) Big firms charge for things like secretarial services, organizing your files, and all sorts of things. There’s nothing worse than getting a bill for $50 per hour for some secretary typing up a letter, an email or even a contract. Ask for that to be removed.
4) Fax and copy charges. Lawyers provide fax, scanning and copy services as a convenience to their clients. Some clients use these items more than others. But there’s no reason to pay 50 cents or 75 cents per page for things that are often all electronic. Some firms even bill for print outs on the network laser printer. Ask that copy, scan and fax charges be cut to what Kinko’s charges.
5) You have the right to know if the firm puts a surcharge on postage and other disbursements. Ask that all surcharges be removed from your bill. You have the right to original receipts. If you think there is a problem, just ask.
6) Look for firms that put the basics on their website so you don’t always have to email your lawyer or call him or her about simple questions such as the basic procedure for filing and preparing documents. Most lawyers like to talk about themselves and their achievements on their websites. Better lawyers put up information to help the client understand what s/he needs to do to assist the lawyer and what will happen and what the charges will be. Pay careful attention to the billing practices and policies page, and if there isn’t one, ask for one.
7) If you are doing litigation, lawyers aren’t supposed to charge for excessive amounts of time spent on legal research. They are supposed to know the basic law and then research for only the latest case updates. Be sure to ask that you will only be charged 6 hours or less for basic case updating on each legal motion or project. If the case law is complex or intricate, this may not work. For example patent cases on dismissing a case for failure to join the inventor are more complex than searching for cases on basic contract law.
8) Get your corporate fees and entities under control. Be sure you are not forming more corporations, esp. LLC’s than you actually need to accomplish a particular purpose. If you make your corporate name the same as your products and services, you can save some money by having to file for and pay the assumed name fee. Also, LLC’s cost more to file and maintain than standard corporations. Always ask your attorney why he or she is filing an LLC and if there’s no good reason, ask for a standard corporate filing. LLC’s were offered as a way to allow flexibility in the formation and start of a corporation. Some companies start off more as partnerships and then advance to full corporate limited liability. Don’t let the name “LLC” fool you. If you have structured your business like a partnership and not a corporation, this invokes the doctrine of personal liability. But if you move your LLC more toward the corporate end with corporate officers and corporate formalities, By Laws that state that no personal liability is intended, etc., then personal liability should not attach.
The problem is, you could spend a lot of money trying to prove this in court. Your lawyer should explain this disadvantage to you. A standard corporation is cheaper to file and maintain and if you follow corporate formalities and obtain adequate business insurance, then insulation from personal liability should not be an issue.
9) If you’re not making any money, or much money (more than $200,000 for each corporate officer), then consider filing an NFP. Those are extremely cheap to file and maintain. (At this current writing, $50 to incorporate and $25 per year for the annual report.) Most small businesses don’t make that much money, and if your purpose is educational, medical, or something that could be classified or directed that way, then an NFP is for you. If you want donations that are tax deductible, you will need to get a 501(c)(3) too, but that is not required.
Good luck on saving money on legal fees!
Thursday, March 24, 2011
Homeowners Assn Orders sick, elderly woman to demolish her foundation
Lake Summerset v. Sharp
A full description of the case will be posted separately.
attached is a synopsis of my case.
Yesterday, a Rockford Circuit Court Judge, Judge Prochaska, dismissed my Counter Defendant's claim under the ADA (ruled that a major homeowner's association was NOT functioning like a "mini government" -- though it was, it provided water, sewer, roads--a large gated community. So he dismissed Defendant's ADA claim with prejudice.
the FFHAA and the Illinois Human Rights Act did not apply because the court did not understand how the relief sought--decking over the property and preserving it until it could be rebuilt would "ameliorate her condition"--a necessary element. so Judge Prochaska dismissed these claims, with prejudice.
Defendant's home burned down in April 2008. She tried unsuccessfully to hire contractors to rebuild, but for a variety of reasons the deals fell thru. Plaintiff spent $12,000 repairing the foundation to the home and purchased logs for $50,000 to rebuild her home. The homeowners association rules said she had to rebuild in 3 months. Plaintiff HOA--Lake Summerset Homeowners Association sued to demo the foundation to the home because it had not been rebuilt in 3 months. Defendant, an 80 year old bed ridden woman with bone/blood cancer (multiple myeloma) and in need of chemo therapy to keep it in remission was undergoing chemotherapy that required treatments twice a week for two weeks and then one week off and this would likely continue for 3 to 5 cycles (3 to 5 months). She had a doctor's statement that she was not to under go any stress during that time period.
Mr. Michael Scheurich of Guyer and Enichen and Mr. Eric Lewis of Williams, McCarthy argued for Lake Summerset that the foundation should be demolished or she must rebuild--an option that was not advised by her doctor.
Accordingly, the court entered an Order (will send along later today) that Defendant Sharp must demo her foundation. Defendant Sharp is an 80 year old, bed and wheel chair ridden woman with multiple myeloma. The HOA's position is that she cannot simply deck over her property or provide a proper structure upon it to preserve it until she is well enough to complete construction, but she must completely demolish and remove the foundation and fill in the lot with dirt.
A full description of the case will be posted separately.
attached is a synopsis of my case.
Yesterday, a Rockford Circuit Court Judge, Judge Prochaska, dismissed my Counter Defendant's claim under the ADA (ruled that a major homeowner's association was NOT functioning like a "mini government" -- though it was, it provided water, sewer, roads--a large gated community. So he dismissed Defendant's ADA claim with prejudice.
the FFHAA and the Illinois Human Rights Act did not apply because the court did not understand how the relief sought--decking over the property and preserving it until it could be rebuilt would "ameliorate her condition"--a necessary element. so Judge Prochaska dismissed these claims, with prejudice.
Defendant's home burned down in April 2008. She tried unsuccessfully to hire contractors to rebuild, but for a variety of reasons the deals fell thru. Plaintiff spent $12,000 repairing the foundation to the home and purchased logs for $50,000 to rebuild her home. The homeowners association rules said she had to rebuild in 3 months. Plaintiff HOA--Lake Summerset Homeowners Association sued to demo the foundation to the home because it had not been rebuilt in 3 months. Defendant, an 80 year old bed ridden woman with bone/blood cancer (multiple myeloma) and in need of chemo therapy to keep it in remission was undergoing chemotherapy that required treatments twice a week for two weeks and then one week off and this would likely continue for 3 to 5 cycles (3 to 5 months). She had a doctor's statement that she was not to under go any stress during that time period.
Mr. Michael Scheurich of Guyer and Enichen and Mr. Eric Lewis of Williams, McCarthy argued for Lake Summerset that the foundation should be demolished or she must rebuild--an option that was not advised by her doctor.
Accordingly, the court entered an Order (will send along later today) that Defendant Sharp must demo her foundation. Defendant Sharp is an 80 year old, bed and wheel chair ridden woman with multiple myeloma. The HOA's position is that she cannot simply deck over her property or provide a proper structure upon it to preserve it until she is well enough to complete construction, but she must completely demolish and remove the foundation and fill in the lot with dirt.
Thursday, March 17, 2011
Violations of Illinois Trade Secret Act--Confidential Business Information
The other day I had a very surprising and amazing situation where not one, but TWO licensed Illinois attorneys admitted to me, in front of a hearing officer, that they were in receipt of an employee manual which was clearly marked "confidential" on its cover.
Further, she admitted she induced the breach via an ex-employee--most likely another attorney.
So I would like to take this opportunity to remind everyone that there IS an Illinois Trade Secret Act, and that it covers:
Clearly what happened was a violation of the act. The document is marked. It is kept on a secure, encrypted server in an office locked with a finger print lock.
Damages are as follows:
It is my belief that all parties involved acted in an knowing manner.
The manual contains business methods and means to protect and manage the business. Other law firms do not need to see what works for that business.
Oh and in case anyone thinks that violating confidentiality of documents is no big deal and all you get is a slap on the wrist, I was was working on a case where one of the attorneys in the firm (about 15 years ago) inadvertently showed an expert witness confidential documents without having him first sign a confidentiality agreement under a protective order. The judge awarded $35,000 in damages upon hearing and the law firm and client were BOTH liable.
Further, she admitted she induced the breach via an ex-employee--most likely another attorney.
So I would like to take this opportunity to remind everyone that there IS an Illinois Trade Secret Act, and that it covers:
Sec. 2. As used in this Act, unless the context requires otherwise: (a) "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a confidential relationship or other duty to maintain secrecy or limit use, or espionage through electronic or other means. Reverse engineering or independent development shall not be considered improper means. (b) "Misappropriation" means: (1) acquisition of a trade secret of a person by another person who knows or has reason to know that the trade secret was acquired by improper means; or (2) disclosure or use of a trade secret of a person without express or implied consent by another person who: (A) used improper means to acquire knowledge of the trade secret; or (B) at the time of disclosure or use, knew or had reason to know that knowledge of the trade secret was: (I) derived from or through a person who utilized improper means to acquire it; (II) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (III) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or (C) before a material change of position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. (c) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other for‑profit or not‑for‑profit legal entity. (d) "Trade secret" means information, including but not limited to, technical or non‑technical data, a formula, pattern, compilation, program, device, method, technique, drawing, process, financial data, or list of actual or potential customers or suppliers, that: (1) is sufficiently secret to derive economic value, actual or potential, from not being generally known to other persons who can obtain economic value from its disclosure or use; and (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy or confidentiality. (Source: P.A. 85‑366.) Clearly what happened was a violation of the act. The document is marked. It is kept on a secure, encrypted server in an office locked with a finger print lock.
Damages are as follows:
(765 ILCS 1065/4) (from Ch. 140, par. 354) Sec. 4. (a) In addition to the relief provided for by Section 3, a person is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. If neither damages nor unjust enrichment caused by the misappropriation are proved by a preponderance of the evidence, the court may award damages caused by misappropriation measured in terms of a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret. (b) If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a). (Source: P.A. 85‑366.) It is my belief that all parties involved acted in an knowing manner.
The manual contains business methods and means to protect and manage the business. Other law firms do not need to see what works for that business.
Oh and in case anyone thinks that violating confidentiality of documents is no big deal and all you get is a slap on the wrist, I was was working on a case where one of the attorneys in the firm (about 15 years ago) inadvertently showed an expert witness confidential documents without having him first sign a confidentiality agreement under a protective order. The judge awarded $35,000 in damages upon hearing and the law firm and client were BOTH liable.
Thursday, February 24, 2011
The Banks ARE responsible for the economic collapse
According to Proessor Alan Nasser, Professor Emeritus of Evergreen State University, the US banks have been squeezing the consumer for years with higher interest rates on loans to consumers, plus fees, fines and penalties--all of which are illegal.
Apparently the US banks have put pressure on the President AND the federal reserve to raise the fees, fines, penalties and interest to take what they can from the consumer.
There has been a huge backlash with consumers shutting down on credit cards and turning to debit cards.
Home loans and refinancing are all but gone.
25% of all payments on student loans are now fees, fines and penalties and it turns out that the banks have squeezed Congress on the student loan program and laws prohibit normal consumer protections, such as filing bankruptcy, truth in lending and other consumer protections.
During the bailout, banks promised Congress they would use the money to loosen up on consumer credit, lower rates and fees--all of which they never did.
What they did instead was continue to clamp down on credit to consumer, raise fees and rates and they bought up many smaller banks to eliminate competition.
see
http://www.globalresearch.ca/index.php?context=va&aid=10724
http://dissidentvoice.org/2011/02/the-student-loan-swindle/
http://smirkingchimp.com/thread/mike-whitney/34172/the-student-loan-swindle-an-interview-with-professor-alan-nasser
and of course google "professor alan nasser" for updated articles.
no one is telling the truth about this, but ask around and you will find the following:
1) loans to students come with high rates and onerous contracts and are limited;
2) credit cards routinely ask for 33% interest and have $35 to $50 overlimit rates--overlimits the companies allow, further they have the same fines for being one day late!
3) home loans and refi's have all but vanished, causing a complete collapse in home loans and sales.
no one else but the banks can charge these excessive fees, fines and penalties.
when there is breach of contract for any other business, the small business is limited to "actual damages" while the banks add on 20 to 25% fees for 25 cent transgressions.
the wealthy are getting wealthier, congress and the presidents--both obama and bush--have sold out and now it's up to the lawyers and courts to start fighting this insanity.
note that sales of ultra luxury items and homes are up. $100,000 cars, tens of millions of dollar homes--all going up.
a great way to ruin the US economy!
Apparently the US banks have put pressure on the President AND the federal reserve to raise the fees, fines, penalties and interest to take what they can from the consumer.
There has been a huge backlash with consumers shutting down on credit cards and turning to debit cards.
Home loans and refinancing are all but gone.
25% of all payments on student loans are now fees, fines and penalties and it turns out that the banks have squeezed Congress on the student loan program and laws prohibit normal consumer protections, such as filing bankruptcy, truth in lending and other consumer protections.
During the bailout, banks promised Congress they would use the money to loosen up on consumer credit, lower rates and fees--all of which they never did.
What they did instead was continue to clamp down on credit to consumer, raise fees and rates and they bought up many smaller banks to eliminate competition.
see
http://www.globalresearch.ca/index.php?context=va&aid=10724
http://dissidentvoice.org/2011/02/the-student-loan-swindle/
http://smirkingchimp.com/thread/mike-whitney/34172/the-student-loan-swindle-an-interview-with-professor-alan-nasser
and of course google "professor alan nasser" for updated articles.
no one is telling the truth about this, but ask around and you will find the following:
1) loans to students come with high rates and onerous contracts and are limited;
2) credit cards routinely ask for 33% interest and have $35 to $50 overlimit rates--overlimits the companies allow, further they have the same fines for being one day late!
3) home loans and refi's have all but vanished, causing a complete collapse in home loans and sales.
no one else but the banks can charge these excessive fees, fines and penalties.
when there is breach of contract for any other business, the small business is limited to "actual damages" while the banks add on 20 to 25% fees for 25 cent transgressions.
the wealthy are getting wealthier, congress and the presidents--both obama and bush--have sold out and now it's up to the lawyers and courts to start fighting this insanity.
note that sales of ultra luxury items and homes are up. $100,000 cars, tens of millions of dollar homes--all going up.
a great way to ruin the US economy!
Wednesday, February 16, 2011
Class Action--"credit reporting" agencies Equifax, TransUnion and TRW
One of the interesting aspects of credit reporting is that they do not address the issue of illegal fees, fines and penalties.
They do not have a provision for unconscionable behavior, nor do they acknowledge that the consumer has a complaint against the vendor or credit holder for breach of contract for lack of good faith and fair dealing.
This, I believe leaves them open to class action litigation for those issues: unconscionability, breach of contract for good faith and fair dealing, which in turn leads to consumer fraud violations.
contact me if your credit score is low due to these issues and if you have contacted the "big three" complaining that they report "credit" even though the vendor has violated laws with respect to breach of contract for good faith and fair dealing, unconscionability and consumer fraud.
They do not have a provision for unconscionable behavior, nor do they acknowledge that the consumer has a complaint against the vendor or credit holder for breach of contract for lack of good faith and fair dealing.
This, I believe leaves them open to class action litigation for those issues: unconscionability, breach of contract for good faith and fair dealing, which in turn leads to consumer fraud violations.
contact me if your credit score is low due to these issues and if you have contacted the "big three" complaining that they report "credit" even though the vendor has violated laws with respect to breach of contract for good faith and fair dealing, unconscionability and consumer fraud.
Tuesday, February 15, 2011
Class Actions on Student Loans
And from Professor Alan Nasser
http://www.smirkingchimp.com/thread/mike-whitney/34172/the-student-loan-swindle-an-interview-with-professor-alan-nasser
apparently student loans are becoming nothing but a scam, and you can't even declare bankruptcy to get out of them.
taking in 20% fees fines and penalities on these loans is a national disaster!
http://www.smirkingchimp.com/thread/mike-whitney/34172/the-student-loan-swindle-an-interview-with-professor-alan-nasser
apparently student loans are becoming nothing but a scam, and you can't even declare bankruptcy to get out of them.
taking in 20% fees fines and penalities on these loans is a national disaster!
Class Action--University of Illinois Student Accounts Late Fees
A possible class action against the University of Illinois. My son was a few days late on a tuition bill of a few hundred dollars and the U of I in Champagne charge a $50 late fee. $50!!!!! that's insane. We're supposed to promote education, incentivize children to get college degrees, and what do we do? We scam them and their parents. Teach them it's okay to be greedy like that and violate the law. The law provides that when a contract is breached all the aggrieved party gets is actual damages. The current fed rate on short term t-bills is about .5%. Why don't they charge that?
Contact me if you are interested in becoming a class representative for this class action
Contact me if you are interested in becoming a class representative for this class action
Class Action--Public Storage
Public Storage charges absolutely unconscionable late fees of 50% of the bill.
Further they send out their certified mail with wrongful statements in it leading the consumer to pay more than she has to.
Great situation for a good class action to return these fees, fines and penalties to the consumer.
The overcharges should be returned directly to the consumer's account and then the consumer can elect to apply the fees, fines and penalties to what is owed, or click on the link, "send me a check" or transfer to a bank account and input the routing and account number. Failing that in 6 months, the monies should be turned over to the secretary of state "cash" fund.
Contact me if you are interested in becoming a class representative for a class action on illegal fees, fines and penalties
Further they send out their certified mail with wrongful statements in it leading the consumer to pay more than she has to.
Great situation for a good class action to return these fees, fines and penalties to the consumer.
The overcharges should be returned directly to the consumer's account and then the consumer can elect to apply the fees, fines and penalties to what is owed, or click on the link, "send me a check" or transfer to a bank account and input the routing and account number. Failing that in 6 months, the monies should be turned over to the secretary of state "cash" fund.
Contact me if you are interested in becoming a class representative for a class action on illegal fees, fines and penalties
Wednesday, February 9, 2011
Class Action Litigation to protect consumers
Over the years I have thought about all the great class actions out there against large corporation that are simply not responsible to or responsive to consumers.
The Fixer in the SunTimes does a great job, but sometimes, lawyers have to look at litigation, and in particular, class action litigation.
So fi you're a lawyer on your own, struggling to make ends meet, or if you are out of work, here are some things to look at that I have noticed:
1) My Minolta repair man tells me there is a spate of failures of motherboards in copiers. I don't understand that, because these machines are priced at $7500 to $10,000 and up! And a lousy component like a mother board fails? I think even the hard drives they put in there are not imaged or backed up so that the consumer can just slap in another one if the hard drive fails. Great class action. Contact me if you have been damaged by the failure of a Minolta or other copier motherboard and I will save your information and if we get enough plaintiffs, I can file suit and help this problem.
2) My class action against Chase in Illinois for overdraft fees. I would like to add in other banks because they do the same things and violate federal laws that say that, in essence, according to the OCC or Office of Control and Currency (Bank Examiners) that these fees must be set fairly to both the bank and the consumer. Discovery in numerous cases has shown that is not in fact the case. Tons of documents and emails have been uncovered in the banks figuring out ways to "be more profitable" on these fees or "get more from the consumer" but NONE, read NONE have been found discussing ways to be fair to the consumer.
3) A possible class action against the University of Illinois. My son was a few days late on a tuition bill of a few hundred dollars and the U of I in Champagne charge a $50 late fee. $50!!!!! that's insane. We're supposed to promote education, incentivize children to get college degrees, and what do we do? We scam them and their parents. Teach them it's okay to be greedy like that and violate the law. The law provides that when a contract is breached all the aggrieved party gets is actual damages. The current fed rate on short term t-bills is about .5%. Why don't they charge that?
I'll post other possible unfair to consumer and small business situations as they are pointed out to me.
The Fixer in the SunTimes does a great job, but sometimes, lawyers have to look at litigation, and in particular, class action litigation.
So fi you're a lawyer on your own, struggling to make ends meet, or if you are out of work, here are some things to look at that I have noticed:
1) My Minolta repair man tells me there is a spate of failures of motherboards in copiers. I don't understand that, because these machines are priced at $7500 to $10,000 and up! And a lousy component like a mother board fails? I think even the hard drives they put in there are not imaged or backed up so that the consumer can just slap in another one if the hard drive fails. Great class action. Contact me if you have been damaged by the failure of a Minolta or other copier motherboard and I will save your information and if we get enough plaintiffs, I can file suit and help this problem.
2) My class action against Chase in Illinois for overdraft fees. I would like to add in other banks because they do the same things and violate federal laws that say that, in essence, according to the OCC or Office of Control and Currency (Bank Examiners) that these fees must be set fairly to both the bank and the consumer. Discovery in numerous cases has shown that is not in fact the case. Tons of documents and emails have been uncovered in the banks figuring out ways to "be more profitable" on these fees or "get more from the consumer" but NONE, read NONE have been found discussing ways to be fair to the consumer.
3) A possible class action against the University of Illinois. My son was a few days late on a tuition bill of a few hundred dollars and the U of I in Champagne charge a $50 late fee. $50!!!!! that's insane. We're supposed to promote education, incentivize children to get college degrees, and what do we do? We scam them and their parents. Teach them it's okay to be greedy like that and violate the law. The law provides that when a contract is breached all the aggrieved party gets is actual damages. The current fed rate on short term t-bills is about .5%. Why don't they charge that?
I'll post other possible unfair to consumer and small business situations as they are pointed out to me.
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