This document provides tips for dealing with difficult judges and immigration officers when representing clients. It begins by advising attorneys to remain calm and professional, and to make a clear record of any bias or unfairness. It then outlines guidelines that judges and officers must follow, and mechanisms for filing complaints if they are not followed. These include appealing removal orders, complaining to a supervisor or oversight agencies, and filing motions to recuse a biased judge. The document stresses maintaining courtesy while firmly advocating for clients' rights.
This CLE presentation from Kegler Brown's 12th Annual Seminar on Professional Responsibility covers duties to report and cooperate, confidentiality, professionalism, advertising guidelines and more for attorneys admitted to the bar in Ohio. The speakers were Geoffrey Stern, Christopher Weber, Rasheeda Khan and Carol Costa.
The 16th Annual Seminar on Professional Responsibility was presented on October 11, 2013, and offered 2.75 CLE credits to attendees. The seminar covered topics regarding ethics and professionalism, including: duties to prospective clients; tips to avoid ethical and malpractice traps; blogging in the digital age; and substance abuse.
This document summarizes presentations from a professional responsibility seminar. It discusses ethical issues related to communicating with former employees, representing former employees, avoiding conflicts of interest, avoiding improper solicitation, and handling attorney departures from law firms. It also discusses the application of ethics rules to social media and issues related to substance abuse and investigations.
Powers of Attorney & Subpoenas - The Rights, Abuses & Potential Liabilities t...Kaufman & Canoles
Powers of attorney and subpoenas present risks and potential liabilities for credit unions. When presented with a power of attorney, credit unions must verify the document is valid and the agent's authority is not terminated. Credit unions should establish policies for reviewing powers of attorney to minimize fraud risks. When served a subpoena, credit unions must comply with applicable state and federal laws while protecting members' privacy. Procedures are needed for timely and secure response to subpoenas and requesting reimbursement of costs.
This document provides an overview of the New Jersey Supreme Court Committee on Character and its role in determining candidates' fitness to practice law. It discusses:
1) The Committee's mandate to evaluate candidates' character and fitness based on their personal history and reputation, and to certify or deny certification of their fitness to the Supreme Court.
2) The traits the Committee focuses on - honesty, truthfulness, trustworthiness, and professional commitment to justice.
3) The investigation process, which includes a detailed candidate statement and potential further inquiry into certain conduct like nondisclosure, academic dishonesty, or unlawful acts.
4) The assurance of confidentiality is limited and records could potentially be released in
Ohio lawyer ethics attorneys Jason Beehler and Chris Weber presented this “New Lawyer Training” to the Columbus Bar Association on December 15, 2015. This comprehensive program covered the full range of topics related to lawyers and the practice of law. The 222-slide addresses myriad topics, including:
Historical Evolution of the Lawyer’s Role
o Public Perception of Lawyers
o Lawyer Perceptions of Other Lawyers
Professionalism
o Lawyers’ Creed
o Aspirational Ideals
The Professionalism-Ethics Continuum
o Tacky Advertising
o Deposition Dos + Don’ts
Law Firm Management
o Engagement Letter Best Practices
o Issues with Dual Representation
o Fee Sharing Between Firms
o Doing Business with Clients
o Declining Representation
o Client Communications
o Withdrawing Representation
o Management of Non-Lawyers
o Direct Solicitation + Business Development
o Managing Client Funds + Trust Accounts
The Ohio Lawyer Disciplinary Process
o Overview of the System
o Protecting a Law License
o Forms of Discipline
This CLE presentation from Kegler Brown's 12th Annual Seminar on Professional Responsibility covers duties to report and cooperate, confidentiality, professionalism, advertising guidelines and more for attorneys admitted to the bar in Ohio. The speakers were Geoffrey Stern, Christopher Weber, Rasheeda Khan and Carol Costa.
The 16th Annual Seminar on Professional Responsibility was presented on October 11, 2013, and offered 2.75 CLE credits to attendees. The seminar covered topics regarding ethics and professionalism, including: duties to prospective clients; tips to avoid ethical and malpractice traps; blogging in the digital age; and substance abuse.
This document summarizes presentations from a professional responsibility seminar. It discusses ethical issues related to communicating with former employees, representing former employees, avoiding conflicts of interest, avoiding improper solicitation, and handling attorney departures from law firms. It also discusses the application of ethics rules to social media and issues related to substance abuse and investigations.
Powers of Attorney & Subpoenas - The Rights, Abuses & Potential Liabilities t...Kaufman & Canoles
Powers of attorney and subpoenas present risks and potential liabilities for credit unions. When presented with a power of attorney, credit unions must verify the document is valid and the agent's authority is not terminated. Credit unions should establish policies for reviewing powers of attorney to minimize fraud risks. When served a subpoena, credit unions must comply with applicable state and federal laws while protecting members' privacy. Procedures are needed for timely and secure response to subpoenas and requesting reimbursement of costs.
This document provides an overview of the New Jersey Supreme Court Committee on Character and its role in determining candidates' fitness to practice law. It discusses:
1) The Committee's mandate to evaluate candidates' character and fitness based on their personal history and reputation, and to certify or deny certification of their fitness to the Supreme Court.
2) The traits the Committee focuses on - honesty, truthfulness, trustworthiness, and professional commitment to justice.
3) The investigation process, which includes a detailed candidate statement and potential further inquiry into certain conduct like nondisclosure, academic dishonesty, or unlawful acts.
4) The assurance of confidentiality is limited and records could potentially be released in
Ohio lawyer ethics attorneys Jason Beehler and Chris Weber presented this “New Lawyer Training” to the Columbus Bar Association on December 15, 2015. This comprehensive program covered the full range of topics related to lawyers and the practice of law. The 222-slide addresses myriad topics, including:
Historical Evolution of the Lawyer’s Role
o Public Perception of Lawyers
o Lawyer Perceptions of Other Lawyers
Professionalism
o Lawyers’ Creed
o Aspirational Ideals
The Professionalism-Ethics Continuum
o Tacky Advertising
o Deposition Dos + Don’ts
Law Firm Management
o Engagement Letter Best Practices
o Issues with Dual Representation
o Fee Sharing Between Firms
o Doing Business with Clients
o Declining Representation
o Client Communications
o Withdrawing Representation
o Management of Non-Lawyers
o Direct Solicitation + Business Development
o Managing Client Funds + Trust Accounts
The Ohio Lawyer Disciplinary Process
o Overview of the System
o Protecting a Law License
o Forms of Discipline
Between a Rock and a Hard Place - When Criminal Law Overlaps Administrative LawJustin Hein
Presentation by Steven L. Simas, Justin D. Hein, and Jon-Paul Valcarenghi on the intersection of Administrative Law and Criminal Law. Before the Sacramento County Bar Association, Administrative Law Section.
This document discusses professionalism and civility in electronic discovery. It summarizes standards relating to competence, confidentiality, and fairness when handling e-discovery. It notes the duty of competence requires lawyers to properly assess e-discovery needs, understand client systems, ensure preservation and search procedures are proper. Confidentiality requires protecting privileged information from inadvertent disclosure. Fairness means complying with discovery requests while balancing disclosure obligations and confidentiality protections. Lawyers must advise clients that civility and fair dealing are expected.
Disclosures by whistleblowers under the qui tam provisions of the False Claims Act (FCA) have enabled the federal government to recover more than $40 billion. But with strong protections against retaliation, whistleblowers would be reluctant to come forward. This course, presented by Jason Zuckerman, Principal at Zuckerman Law, provides an overview of whistleblower protections for employees of government contractors and grantees, focusing on the whistleblower protection provisions of the FCA and National Defense Authorization Act (NDAA). The course will also offer practical tips and insights for practitioners on how to evaluate potential whistleblower claims and overlapping remedies to maximize damages. In addition, the course will address the challenging issues that arise when a whistleblower simultaneously prosecutes both retaliation and rewards claims.
"Professionalism + Ethics" was presented by Jason Beehler on October 30, 2015, in Tuscarawas County.
Jason discussed the ins and outs of professionalism and ethics to fellow attorneys.
This document discusses issues that arise when representing joint clients in marriage-based immigration cases. It addresses determining whether a conflict of interest exists due to differing interests between the clients, obtaining informed consent if continuing representation, and options if dual representation is not possible. The document also provides guidance on documenting the bona fides of the marriage, preparing for interviews, handling denials or notices of intent to deny, withdrawal from representation, and duties as an officer of the court.
The document discusses issues related to bad faith claims in insurance coverage. It covers identifying bad faith torts and damages, negotiation and settlement techniques, current legislation impacting insurance defense, litigating insurance claims, and avoiding bad faith claims. The topics are presented in sections with questions and answers to follow each section.
2015 Fall Conference: Public Meeting, Admin and HR-Brickisoswo
This document provides a summary of common meeting and employment issues under Iowa law. It discusses requirements for open meetings, including what constitutes a meeting, notice requirements, and procedures for electronic meetings and closed sessions. It also addresses issues related to public sector employment such as conducting background checks, using criminal histories in hiring decisions, performance evaluations, discipline, and termination. The document advises thorough documentation to support all personnel decisions.
This seminar provides an overview of the U.S. Dep’t of Labor’s (DOL) enforcement and adjudication of whistleblower protection laws, including the burden to establish the elements of the approximately 24 whistleblower laws that OSHA enforces, the damages that whistleblowers can recover, the procedural rules governing DOL whistleblower claims, strategies for effectively representing whistleblowers at OSHA and at the DOL Office of Administrative Law Judges, and settlement and mediation strategies.
Experience, Expertise, and Preparation: Keys to a Successful Workers' Compen...NationalUnderwriter
Experience, Expertise, and Preparation: Keys to a Successful Workers' Compensation Fraud Investigation by Stacey Golden (from FC&S Legal: The Insurance Coverage Law Information Center)
Unfortunately, workers’ compensation fraud has been on the rise. The poor state of the U.S. economy is certainly a
factor with the associated mortgage meltdown and government cutbacks. Even rising student debt in this environment is placing pressure on young people. Equally unfortunate for those who see fraud as a solution to their challenges, many consider it easy money and are simply clueless to the potential consequences. There are also plenty of examples of sophisticated cases that require careful and persistent digging.
This document provides an overview of administrative rulemaking procedures in the United States. It begins by defining what constitutes a rule and the different types of rules. It then describes the key rulemaking procedures established by the Administrative Procedure Act (APA), including informal notice-and-comment rulemaking, formal rulemaking, and hybrid rulemaking. The document outlines the steps involved in both informal and formal rulemaking and discusses key Supreme Court cases that have shaped administrative rulemaking, such as Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council. It concludes by covering negotiated rulemaking as an alternative procedure to notice-and-comment rulemaking established by the Negotiated Rulemaking Act of 1990.
The document discusses how to find the right personal injury lawyer. It recommends narrowing your search to lawyers experienced in your type of injury case. You should consult with 5-6 lawyers through free consultations to learn about their qualifications and experience handling similar cases. It's important to interview potential lawyers to assess their skills and strategy for ensuring fair compensation in your specific case. Key questions relate to their background and experience as well as how they would handle your individual case.
A tort is defined as a civil wrong under the law. It occurs when someone violates another person's legal rights, resulting in injury or harm. The key elements of a tort are a breach of duty owed to the plaintiff that causes damage. Torts can involve injuries to a person's body, property, reputation, or economic interests. The purpose of tort law is to compensate victims of wrongs and enforce individuals' rights in civil court through damages awards.
On Friday, April 7, the professional responsibility attorneys presented a CLE at Capital University Law School. The seminar focused on Attorney Discipline in Ohio, Professionalism, Lawyers and Social Media, and recent developments in the area of Ethics.
This chapter discusses improper conduct by lawyers. It notes that as the number of lawyers and legal cases has increased significantly in recent decades, so too have lawsuits alleging lawyer malpractice or misconduct. The top 10 types of improper conduct that most commonly result in such lawsuits are identified. Factors that can contribute to improper conduct in routine legal matters include lawyers taking on high volumes of similar cases to maximize profits, leading some law offices to function like assembly lines. The chapter also examines the relationship between legal ethics and improper conduct claims.
This document provides an overview and summary of New York law regarding bad faith claims against insurance companies. It discusses what constitutes a prima facie case of bad faith refusal to settle, including establishing gross disregard of the insured's interests and loss of an actual settlement opportunity. Factors courts consider in determining bad faith are outlined. The document also reviews key cases like Pavia v State Farm that changed the bad faith litigation landscape in New York.
Michael Sperounes is a partner at LewisBrisbois in Tampa, Florida who has practiced insurance litigation for almost 25 years. He represents insurance companies and businesses in first and third party insurance claims involving property losses, personal injury, employment law, and other matters. He has significant trial experience and provides risk management counseling. His areas of focus include insurance coverage, first party property claims, construction litigation, and bad faith.
Home Inspector's Insurance & Risk Management - July 19, 2013Gerald Brunker
Home Inspector professional liability, general liability and other applicable insurances for home inspectors. Risk management tips and hints and home inspector claim information.
On Wednesday, April 4, 2018, Jason Beehler, and Jon Coughlan of Kegler Brown's Professional Responsibility practice area presented alongside panelists Alvin Mathews, Partner, James E. Arnold & Associates, LPA and Don Scheetz, Assistant Disciplinary Counsel, Office of Disciplinary Counsel for the Supreme Court of Ohio at Capital Law School for their Professionalism Week.
Learning Outcome: Increase knowledge and awareness around the US security Clearance process
As you create your master plan for success, consider the variety of tools needed to gain a competitive edge in your industry. By familiarizing oneself with the extensive US Security Clearance Process, you can begin to prepare and access opportunities that help you excel.
At the end of this seminar, participants will be able to:
a. Identify a series of career paths and associated tools to improve job marketability.
b. List a series of certification and association option.
c. Review the security clearance process and associated misconceptions and mistakes.
It has been decided by a District Court Judge in Colorado that Private Investigators have NO ethics requirements because we are not licensed.
Concerning private investigators and ethics in Colorado, “… there is no ethical code that can be established.”
Wrong!
Single Asset Real Estate Cases (Series: Ethical Issues in Real Estate-Based B...Financial Poise
Anyone involved in the field of creditors rights on a matter involving an LLC that exists solely to hold the principal asset has surely seen the play where, the night before property is scheduled to be sold at a foreclosure auction, the debtor files bankruptcy. For those not familiar with the process, doing so invokes the “Automatic Stay”, which prohibits the secured lender from foreclosing on the property. The debtor then attempts to make their case to the court for reorganization. But is failing to pay your mortgage really something bankruptcy was meant to solve? If the bank was going to agree to a loan modification, wouldn’t the parities have worked something out by the time the sheriff sale was set? The bankruptcy code recognizes this and therefore has a section devoted to dealing with this specific kind of bankruptcy—the Single Asset Real Estate (“SARE”) case. The goal of this episode is to look into ethical issues surrounding these matters.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/single-asset-real-estate-cases-2020/
Between a Rock and a Hard Place - When Criminal Law Overlaps Administrative LawJustin Hein
Presentation by Steven L. Simas, Justin D. Hein, and Jon-Paul Valcarenghi on the intersection of Administrative Law and Criminal Law. Before the Sacramento County Bar Association, Administrative Law Section.
This document discusses professionalism and civility in electronic discovery. It summarizes standards relating to competence, confidentiality, and fairness when handling e-discovery. It notes the duty of competence requires lawyers to properly assess e-discovery needs, understand client systems, ensure preservation and search procedures are proper. Confidentiality requires protecting privileged information from inadvertent disclosure. Fairness means complying with discovery requests while balancing disclosure obligations and confidentiality protections. Lawyers must advise clients that civility and fair dealing are expected.
Disclosures by whistleblowers under the qui tam provisions of the False Claims Act (FCA) have enabled the federal government to recover more than $40 billion. But with strong protections against retaliation, whistleblowers would be reluctant to come forward. This course, presented by Jason Zuckerman, Principal at Zuckerman Law, provides an overview of whistleblower protections for employees of government contractors and grantees, focusing on the whistleblower protection provisions of the FCA and National Defense Authorization Act (NDAA). The course will also offer practical tips and insights for practitioners on how to evaluate potential whistleblower claims and overlapping remedies to maximize damages. In addition, the course will address the challenging issues that arise when a whistleblower simultaneously prosecutes both retaliation and rewards claims.
"Professionalism + Ethics" was presented by Jason Beehler on October 30, 2015, in Tuscarawas County.
Jason discussed the ins and outs of professionalism and ethics to fellow attorneys.
This document discusses issues that arise when representing joint clients in marriage-based immigration cases. It addresses determining whether a conflict of interest exists due to differing interests between the clients, obtaining informed consent if continuing representation, and options if dual representation is not possible. The document also provides guidance on documenting the bona fides of the marriage, preparing for interviews, handling denials or notices of intent to deny, withdrawal from representation, and duties as an officer of the court.
The document discusses issues related to bad faith claims in insurance coverage. It covers identifying bad faith torts and damages, negotiation and settlement techniques, current legislation impacting insurance defense, litigating insurance claims, and avoiding bad faith claims. The topics are presented in sections with questions and answers to follow each section.
2015 Fall Conference: Public Meeting, Admin and HR-Brickisoswo
This document provides a summary of common meeting and employment issues under Iowa law. It discusses requirements for open meetings, including what constitutes a meeting, notice requirements, and procedures for electronic meetings and closed sessions. It also addresses issues related to public sector employment such as conducting background checks, using criminal histories in hiring decisions, performance evaluations, discipline, and termination. The document advises thorough documentation to support all personnel decisions.
This seminar provides an overview of the U.S. Dep’t of Labor’s (DOL) enforcement and adjudication of whistleblower protection laws, including the burden to establish the elements of the approximately 24 whistleblower laws that OSHA enforces, the damages that whistleblowers can recover, the procedural rules governing DOL whistleblower claims, strategies for effectively representing whistleblowers at OSHA and at the DOL Office of Administrative Law Judges, and settlement and mediation strategies.
Experience, Expertise, and Preparation: Keys to a Successful Workers' Compen...NationalUnderwriter
Experience, Expertise, and Preparation: Keys to a Successful Workers' Compensation Fraud Investigation by Stacey Golden (from FC&S Legal: The Insurance Coverage Law Information Center)
Unfortunately, workers’ compensation fraud has been on the rise. The poor state of the U.S. economy is certainly a
factor with the associated mortgage meltdown and government cutbacks. Even rising student debt in this environment is placing pressure on young people. Equally unfortunate for those who see fraud as a solution to their challenges, many consider it easy money and are simply clueless to the potential consequences. There are also plenty of examples of sophisticated cases that require careful and persistent digging.
This document provides an overview of administrative rulemaking procedures in the United States. It begins by defining what constitutes a rule and the different types of rules. It then describes the key rulemaking procedures established by the Administrative Procedure Act (APA), including informal notice-and-comment rulemaking, formal rulemaking, and hybrid rulemaking. The document outlines the steps involved in both informal and formal rulemaking and discusses key Supreme Court cases that have shaped administrative rulemaking, such as Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council. It concludes by covering negotiated rulemaking as an alternative procedure to notice-and-comment rulemaking established by the Negotiated Rulemaking Act of 1990.
The document discusses how to find the right personal injury lawyer. It recommends narrowing your search to lawyers experienced in your type of injury case. You should consult with 5-6 lawyers through free consultations to learn about their qualifications and experience handling similar cases. It's important to interview potential lawyers to assess their skills and strategy for ensuring fair compensation in your specific case. Key questions relate to their background and experience as well as how they would handle your individual case.
A tort is defined as a civil wrong under the law. It occurs when someone violates another person's legal rights, resulting in injury or harm. The key elements of a tort are a breach of duty owed to the plaintiff that causes damage. Torts can involve injuries to a person's body, property, reputation, or economic interests. The purpose of tort law is to compensate victims of wrongs and enforce individuals' rights in civil court through damages awards.
On Friday, April 7, the professional responsibility attorneys presented a CLE at Capital University Law School. The seminar focused on Attorney Discipline in Ohio, Professionalism, Lawyers and Social Media, and recent developments in the area of Ethics.
This chapter discusses improper conduct by lawyers. It notes that as the number of lawyers and legal cases has increased significantly in recent decades, so too have lawsuits alleging lawyer malpractice or misconduct. The top 10 types of improper conduct that most commonly result in such lawsuits are identified. Factors that can contribute to improper conduct in routine legal matters include lawyers taking on high volumes of similar cases to maximize profits, leading some law offices to function like assembly lines. The chapter also examines the relationship between legal ethics and improper conduct claims.
This document provides an overview and summary of New York law regarding bad faith claims against insurance companies. It discusses what constitutes a prima facie case of bad faith refusal to settle, including establishing gross disregard of the insured's interests and loss of an actual settlement opportunity. Factors courts consider in determining bad faith are outlined. The document also reviews key cases like Pavia v State Farm that changed the bad faith litigation landscape in New York.
Michael Sperounes is a partner at LewisBrisbois in Tampa, Florida who has practiced insurance litigation for almost 25 years. He represents insurance companies and businesses in first and third party insurance claims involving property losses, personal injury, employment law, and other matters. He has significant trial experience and provides risk management counseling. His areas of focus include insurance coverage, first party property claims, construction litigation, and bad faith.
Home Inspector's Insurance & Risk Management - July 19, 2013Gerald Brunker
Home Inspector professional liability, general liability and other applicable insurances for home inspectors. Risk management tips and hints and home inspector claim information.
On Wednesday, April 4, 2018, Jason Beehler, and Jon Coughlan of Kegler Brown's Professional Responsibility practice area presented alongside panelists Alvin Mathews, Partner, James E. Arnold & Associates, LPA and Don Scheetz, Assistant Disciplinary Counsel, Office of Disciplinary Counsel for the Supreme Court of Ohio at Capital Law School for their Professionalism Week.
Learning Outcome: Increase knowledge and awareness around the US security Clearance process
As you create your master plan for success, consider the variety of tools needed to gain a competitive edge in your industry. By familiarizing oneself with the extensive US Security Clearance Process, you can begin to prepare and access opportunities that help you excel.
At the end of this seminar, participants will be able to:
a. Identify a series of career paths and associated tools to improve job marketability.
b. List a series of certification and association option.
c. Review the security clearance process and associated misconceptions and mistakes.
It has been decided by a District Court Judge in Colorado that Private Investigators have NO ethics requirements because we are not licensed.
Concerning private investigators and ethics in Colorado, “… there is no ethical code that can be established.”
Wrong!
Single Asset Real Estate Cases (Series: Ethical Issues in Real Estate-Based B...Financial Poise
Anyone involved in the field of creditors rights on a matter involving an LLC that exists solely to hold the principal asset has surely seen the play where, the night before property is scheduled to be sold at a foreclosure auction, the debtor files bankruptcy. For those not familiar with the process, doing so invokes the “Automatic Stay”, which prohibits the secured lender from foreclosing on the property. The debtor then attempts to make their case to the court for reorganization. But is failing to pay your mortgage really something bankruptcy was meant to solve? If the bank was going to agree to a loan modification, wouldn’t the parities have worked something out by the time the sheriff sale was set? The bankruptcy code recognizes this and therefore has a section devoted to dealing with this specific kind of bankruptcy—the Single Asset Real Estate (“SARE”) case. The goal of this episode is to look into ethical issues surrounding these matters.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/single-asset-real-estate-cases-2020/
Valuing Real Estate Assets (Series: Ethical Issues in Real Estate-Based Bankr...Financial Poise
As the expression goes, the value of real estate is in the eye of the beholder. Ultimately, the value is whatever the market is willing to pay. While income producing properties, particularly with credit worthy tenants, may be fairly routine to value based on current rate of return demands in the market, non-income producing properties may be more speculative. For example, even the most seasoned appraiser may struggle with finding comparative sales for a property. A landowner might see their property value go up exponentially “if only” the city council will allow for a zoning variance. Many an owner believes their property is in the “path of progress”, but when? Is it reasonable to value a property “as stabilized” if it is only forty percent leased? These are the types of questions we will consider.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/valuing-real-estate-assets-2020/
This document provides 10 tips for avoiding legal malpractice, beginning with conducting proper conflict checks to avoid representing clients with conflicting interests. It emphasizes communicating diligently and clearly with clients, including explaining any potential conflicts of interest. Lawyers should also be cautious about accepting problematic clients or cases, avoid improper business dealings with clients, use clear fee agreements, properly document the client and scope of work, and document key decisions. Following the Rules of Professional Conduct is important to prevent ethical violations that could constitute malpractice.
Article advising immigrants on their due process rights if detained by Immigration and some practical considerations to keep in mind if stopped by ICE (Immigration and Customs Enforcement)
CASE INFORMATIONFind a court case where the company indicated t.docxcowinhelen
CASE INFORMATION:
Find a court case where the company indicated they were surprised the employee charged was a fraudster (use the *KU library (Westlaw) to find the court case).
ANALYSIS REQUIREMENTS:
Based on your readings, literature, and/or the Fraud Examiners Manual analyze the case and include the following in your discussion:
What type of fraud schemes took place in this case?
Analyze the internal controls of this company for "red flags".
Identity why you think the company did not suspect this person was a fraudster and what policies would you put in place for this company to stop this fraud in the future?
WRITING REQUIREMENTS:
· 3-5 pages (not including title page, abstract, or reference page)
· Proper APA format
· Minimum of 3 scholarly sources (not including your textbook)
GRADING REQUIREMENTS:
Click on link to view grading requirements
AUGHT IN THE CROSSFIRE: THE (SUPPOSEDLY) INNOCENT ATTORNEYS WHO REPRESENT ACCUSED FRAUDSTERS
Editor's Note:This article is the second in a series calling for a more aggressive response to bankruptcy and other fraud. The first in the series was initially published in the May 2009 issue, entitled “A Call to Arms: A Bankruptcy Fraud Superfund.”
In law school, we were taught that when representing a person accused of committing a crime, we're never to ask, “did you do it?” From “innocent until proven guilty” to “representation for all,” the axiom was not to know whether the client “did it,” but instead to protect the rights of the accused, even if they did do it. While this ideology is arguably consistent with the will of our forefathers, recall that the context is criminal defense. What's more, the ideology is not without obvious limits in its application, criminally or civilly. Based on my personal experience, many civil lawyers honor the principle of “don't ask, don't tell” to an extreme--and in so doing, have exceeded the limits and crossed the boundary line of ethical conduct.
Before digging too deep into the ethics, though, let's consider a particular criminal defense attorney. The case was an involuntary bankruptcy under §303, and my creditor client successfully obtained the appointment of a gap trustee, more elusive than The Loch Ness Monster herself. The gap trustee and my client then secured an ex parte order for an unannounced inspection of the target's offices. After forcing the target and his staff out the door for a spell, the target hurriedly brought in both bankruptcy and criminal defense counsel. At the conclusion of the hearing that resulted in the denial of a motion to reconsider the judge's order to allow the inspection, the just-hired criminal defense counsel quipped in the hallway outside the courtroom, “sheesh, I guess you guys don't have due process in bankruptcy courts.”
Well, yes, as a matter of fact we do, but when counsel starts going on about how innocent his client is, how we're “making a big mistake” because his client has no money and that.
Show Me Your License and Registration: Reasons to be Concerned About In-House...RonaldJLevine
Show Me Your License and Registration: Reasons to be Concerned About In-House Bar Admissions
Greater New York Chapter of Association of Corporate Counsel’s Annual Ethics CLE Program
The document discusses various topics related to witness preparation by lawyers. It notes that witness preparation is not directly regulated and there is little case law or scholarly literature on the topic. While lawyers have a duty to zealously represent clients, they cannot knowingly assist witnesses to testify falsely or commit perjury. The document discusses challenges around distinguishing proper witness preparation from improper coaching. It also discusses techniques used in witness preparation like "the lecture" and debates around simultaneous witness interviews. Overall, the document examines the ethical boundaries and gray areas of lawyers preparing witnesses for testimony or deposition.
Insider Lease Agreements (Series: Ethical Issues in Real Estate-Based Bankrup...Financial Poise
It is a common play in real estate to create a separate operating entity to serve as a tenant and execute a lease between the owner of the property and himself. Typically, this happens in assets which serve as a real estate-based business, such as a retail property. The structure enables the operator to reduce the taxable income of the business and also provide a liability shield for the property owner. This arrangement can lead to some ethical issues should the property owner become distressed. For example, is the lease amount above market and therefore being used to inflate the property valuation? Is rent actually being paid? Is there a proper lease in place or just an internal handshake? Attorneys need to understand the set-up in order to know what is in bounds and what is outside the lines. This webinar looks at this leasing structure and examines the issues that may arise.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/insider-lease-agreements-2020/
Negotiation Ethics For In House Counsel (S Cohen 04 14 11)scohen69
This document discusses ethics in negotiation for in-house counsel. It outlines rules regarding truthfulness, disclosure of material facts, and duties of confidentiality. It also analyzes several hypothetical scenarios that in-house lawyers may face during negotiations involving issues like undisclosed contamination, misleading statements, and discovery tactics. The document emphasizes that lawyers must balance zealous advocacy with honesty, and should avoid assisting client fraud. It concludes that in-house lawyers in particular must be aware of boundaries in ethical negotiations due to their unique client relationship.
The document discusses the meaning and scope of professional misconduct by advocates in India. It begins by stating that advocacy is a noble profession that must be regulated. Professional misconduct refers to unacceptable or dishonorable conduct by an advocate. The Advocates Act of 1961 describes provisions for punishing professional and other misconduct. The State Bar Council has powers to investigate complaints and refer cases to disciplinary committees, which can reprimand, suspend, or remove advocates from the roll. The document then discusses the code of conduct and duties prescribed for advocates, as well as examples of professional misconduct. It outlines the constitution and powers of disciplinary committees to conduct hearings and issue punishments.
Wrongful Prosecution Process by SEC and DOJ in So-Called Cherry-Picking Alleg...Charles J Dushek
This legal brief analyzes the wrongful prosecution of Charles J. Dushek by the SEC and DOJ for alleged securities violations. It provides background on Dushek's career and reputation as a respected financial professional with no history of non-compliance. It argues the "cherry-picking" allegations against Dushek are unfounded and that his personal trading was properly conducted through accounts at GreatBanc Trust Company, as permitted by client agreements. Additionally, it asserts the SEC lacked jurisdiction over Dushek's firm Capital Management Associates, which had less than $100 million in assets under management. The brief aims to advocate for Dushek and show government agencies are capable of human error in prosecutorial
Mooting involves simulating a court hearing where participants research and argue legal issues. The procedure imitates real courts with oral arguments presented to a judge. Mooting enhances advocacy, legal research, and writing skills and allows students to demonstrate these abilities to potential employers. It can be challenging but rewarding. Some tips for mooting include engaging with the judge, asking for clarification of questions, applying legal principles to facts, being familiar with referenced materials, and managing time based on judicial intervention.
Legal Brief by Awais Wrongful Prosecution Process by SEC against Charles Dus...Charles J Dushek
The foremost object of this research article is to narrate the story of Mr. Charles J. Dushek with respect to the legal battle fought by him against the United States Securities and Exchange Commission (“SEC”) and the Department of Justice (DOJ), wherein, he had been made victim of wrongful prosecution through cherry picking allegations that resulted into unjust indictment charges.
Visit - http://charlesjdushek.com/
What are the main responsibilities of a district criminal defense lawyer?ConcordMasslaw1
A district criminal defense lawyer specializes in defending individuals who are facing criminal charges in the district court. This court typically deals with lower-level offenses such as misdemeanors and minor felonies. While district criminal defense lawyers may also handle cases in higher courts, their primary focus is on representing clients in district court proceedings.
What are the main responsibilities of a district criminal defense lawyer?ConcordMasslaw1
A general practice lawyer is a legal professional who handles a wide range of legal matters. From real estate transactions to family disputes, these lawyers have a broad knowledge of various areas of law. However, when it comes to criminal defense, it is crucial to seek the expertise of a district criminal defense lawyer.
Visit:-http://concordmasslaw.com/practice-areas/criminal-defense/
False statements as a bar to good moral character in immigrationUmesh Heendeniya
This document discusses issues related to proving the legitimacy of a marriage for immigration purposes. It begins by noting that while George and Martha Washington's marriage would likely face scrutiny today, they would have difficulties providing traditional evidence due to their different social statuses and finances. It then provides examples of alternative evidence that can be submitted to demonstrate a bona fide marriage when traditional evidence like commingled assets is not available, such as mail addressed to both spouses at the same address, joint organization memberships, and photos of the couple with their friends and families. The document emphasizes the importance of creatively documenting the relationship when primary evidence is lacking.
The document discusses the basics of what to do when someone is arrested and taken to jail. It outlines the typical process, including being taken before a judge for bail to be set based on various factors. It then describes the different types of bonds (personal, surety, cash deposit) and steps an attorney would take to obtain a personal bond to get the arrested person out of jail, such as interviewing them and ensuring they will return to court. Some crimes require the personal bond to be signed by the presiding judge of the court where the case is assigned.
This webinar is for the lawyer -or anyone else- who wants to brush up on the latest issues and strategies to be aware of regarding legal ethics and best practices. The panelists discuss recent and important case law in the area and explain how those decisions can have real-world impact on the situations you may be involved in. Among others, the panel will address the following Model Rules of Professional Conduct: Rule 1.7-Conflict of Interest: Current Clients; Rule 1.8-Conflict of Interest: Current Clients: Specific Rules; Rule 3.8 - Special Responsibilities of a Prosecutor; and Rule 4.4(a) Respect for Rights of Third Persons.
Part of the webinar series: LEGAL ETHICS – BEST PRACTICES 2022
See more at https://www.financialpoise.com/webinars/
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Radcliffe v. Experian - Class action representatives' conflict of interestUmesh Heendeniya
The panel reversed the district court's approval of a class action settlement between consumers and credit reporting agencies. The panel found that the named class representatives and class counsel did not adequately represent the interests of absent class members. Specifically, the settlement agreement conditioned incentive awards for the class representatives on their support for the settlement. This created a divergence of interests, as the incentive awards far exceeded what absent class members would receive. Due to this conflict of interest, the district court should not have approved the settlement.
James Carmody v. Kansas City Board of Police CommissionersUmesh Heendeniya
This document is a summary of a United States Court of Appeals case regarding claims brought by three police officers (James Carmody, Marcus Davis, and Robert Vivona) against the Kansas City Board of Police Commissioners and Captain Mark Daniel Heimer under the Fair Labor Standards Act for unpaid overtime compensation. The district court struck affidavits submitted by the officers in opposition to summary judgment and granted summary judgment in favor of the defendants. The appellate court affirmed, finding that the district court did not abuse its discretion in striking the affidavits because the officers failed to properly disclose the information during discovery. The appellate court also found that without the affidavits, the officers failed to provide sufficient evidence to show they suffered actual damages from unpaid overtime as required.
Jennifer Westendorf v. West Coast Contractors of NevadaUmesh Heendeniya
This document summarizes an appeals court opinion regarding a sexual harassment and retaliation case brought by Jennifer Westendorf against her former employer, West Coast Contractors. The court affirmed summary judgment in favor of the defendant on the sexual harassment claim, finding the conduct was not severe or pervasive enough to create a hostile work environment. However, the court reversed summary judgment on the retaliation claim, finding issues of material fact as to whether Westendorf's complaints of harassment caused her termination and whether she reasonably believed the conduct violated Title VII, making her complaints protected activity.
Gatto v. United Air Lines, Inc. - Spoliation Instruction in Facebook Account ...Umesh Heendeniya
Gatto vs. United Air Lines, Inc. - Spoliation Instruction in Facebook Account Deletion.
Frank Gatto, United Air Lines, Allied Aviation Services, Spoliation Instruction, Destroying Evidence.
Libor Lawsuit - In Re _ LIBOR Antitrust Litigation vs. Bank of America, JPMor...Umesh Heendeniya
This document discusses several lawsuits brought against banks for their alleged manipulation of the London Interbank Offered Rate (LIBOR) between August 2007 and May 2010. LIBOR is a benchmark interest rate compiled by the British Bankers' Association based on rates submitted by major banks and used globally in contracts, derivatives, and loans worth trillions of dollars. The lawsuits allege that the banks conspired to artificially suppress the LIBOR rate to portray themselves as financially healthier and pay lower interest rates on LIBOR-linked financial products. The document provides background on LIBOR and outlines the plaintiffs' allegations while noting factual disputes remain. It then evaluates the defendants' motions to dismiss aspects of the plaintiffs' antitrust, RICO, and
Estate of Carlos Centeno, deceased v. Raani Corporation, Rashid A. Chaudary, ...Umesh Heendeniya
Estate of Carlos Centeno, deceased vs. Raani Corporation, Rashid A. Chaudary, Balwinder Singh, Muhammad Javaid, Pervaiz Jafri, and Ron’s Staffing Services Inc. - Lawsuit.
Scott Dominguez, Allan Elias, OSHA
Boston Police Officers' Cocaine Drug Testing Appeals Overturned by State Boar...Umesh Heendeniya
Boston Police Officers' (Officers Preston Thompson, Richard Beckers, Ronnie Jones, Jacqueline McGowan, Oscar Bridgeman, Shawn Harris, Walter Washington, Willaim Bridgeforth, George Downing, and Rudy Guity) Cocaine Drug Testing Appeals Overturned by State Board and Officers are Reinstated.
Rob Lowe and Sheryl Lowe v. Laura Boyce and Does 1 through 100 - Lawsuit Agai...Umesh Heendeniya
Rob Lowe and Sheryl Lowe vs. Laura Boyce and Does 1 through 100 - Lawsuit Against Ex_Nanny.
"Rob Lowe", "Sheryl Lowe", "Laura Boyce", "Does 1 through 100", "Jessica Gibson"
Steven Wittels v. David Sanford and Jeremy Heisler - Lawsuit complaintUmesh Heendeniya
This is a legal document filed in New York County on March 22, 2013 regarding a case with index number 651062/2013. It was received by NYSCEF, the New York State Courts Electronic Filing system, on the same day it was filed. The document is the initial filing for this case.
Knives and the Second Amendment, by David Kopel, EsqUmesh Heendeniya
This article analyzes whether knives are protected under the Second Amendment right to bear arms. It discusses various state and local laws regulating knives, some of which may be unconstitutional. These include bans on types of folding knives (switchblades, gravity knives, butterfly knives) and bans on carrying knives more strictly than handguns. The article argues that most knives are protected by the Second Amendment and that many knife laws fail even intermediate scrutiny and are thus unconstitutional. It also provides data showing knives are typically less dangerous than handguns.
Estate of Andrew Lee Scott vs. Richard Sylvester, et al - Lake County Wrongfu...Umesh Heendeniya
Estate of Andrew Lee Scott vs. Richard Sylvester, et al - Lake County Wrongful Death Lawsuit. Killing of Andrew Lee Scott by Deputy Sheriff Richard Sylvester.
Stephen Slevin vs. Board of County Commissioners - Lawsuit Against Jail for M...Umesh Heendeniya
Stephen Slevin (59) left in solitary confinement (by jail director Chris Barela and former medical director Dr. Daniel Zemek) in the Dona Ana County, New Mexico jail for 2 years gets $15.5 million lawsuit settlement.
The tax payers are on the hook for $9.5 million while the county's liability insurance carriers will pay $6 million.
Jordan Davis vs. Michael Dunn - Wrongful death lawsuit filed by Afro-American...Umesh Heendeniya
The document discusses the results of a study on the impact of COVID-19 lockdowns on air pollution. The study found that lockdowns led to short-term reductions in nitrogen dioxide and fine particulate matter concentrations globally. However, the decreases in air pollution were temporary and not sufficient to significantly improve air quality or public health in the long run without systemic changes to reduce fossil fuel use and other polluting activities.
Warren v. District of Columbia, 444 A.2d 1 - Police have no duty to protect c...Umesh Heendeniya
This document summarizes two court cases (No. 79-6 and No. 79-394) in which individuals sued the District of Columbia and police department for negligence. In No. 79-6, three women were sexually assaulted after multiple failed responses to their calls for help. The court found that the police department did not have a specific legal duty to provide protection to individuals. In No. 79-394, a man was assaulted after a police officer failed to obtain identification of the assailants. The court again found no specific legal duty was owed to individuals. The court affirmed that governments have a general duty to provide public services to the public at large, but not specific legal duties to individuals absent a special relationship.
ProSocial Behaviour - Applied Social Psychology - Psychology SuperNotesPsychoTech Services
A proprietary approach developed by bringing together the best of learning theories from Psychology, design principles from the world of visualization, and pedagogical methods from over a decade of training experience, that enables you to: Learn better, faster!
Aggression - Applied Social Psychology - Psychology SuperNotesPsychoTech Services
A proprietary approach developed by bringing together the best of learning theories from Psychology, design principles from the world of visualization, and pedagogical methods from over a decade of training experience, that enables you to: Learn better, faster!
As we navigate through the ebbs and flows of life, it is natural to experience moments of low motivation and dwindling passion for our goals.
However, it is important to remember that this is a common hurdle that can be overcome with the right strategies in place.
In this guide, we will explore ways to rekindle the fire within you and stay motivated towards your aspirations.
Procrastination is a common challenge that many individuals face when it comes to completing tasks and achieving goals. It can hinder productivity and lead to feelings of stress and frustration.
However, with the right strategies and mindset, it is possible to overcome procrastination and increase productivity.
In this article, we will explore the causes of procrastination, how to recognize the signs of procrastination in oneself, and effective strategies for overcoming procrastination and boosting productivity.
You may be stressed about revealing your cancer diagnosis to your child or children.
Children love stories and these often provide parents with a means of broaching tricky subjects and so the ‘The Secret Warrior’ book was especially written for CANSA TLC, by creative writer and social worker, Sally Ann Carter.
Find out more:
https://cansa.org.za/resources-to-help-share-a-parent-or-loved-ones-cancer-diagnosis-with-a-child/
Understanding of Self - Applied Social Psychology - Psychology SuperNotesPsychoTech Services
A proprietary approach developed by bringing together the best of learning theories from Psychology, design principles from the world of visualization, and pedagogical methods from over a decade of training experience, that enables you to: Learn better, faster!