Category: Legal
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Unauthorized practice of law, revisited
This post discusses only New Jersey law. I notice that some non-attorneys are publishing blanket statements that preparing Business Ownership Information filings is not the unauthorized practice of law. I am not convinced. That is not an easy or clear conclusion, at least not under the laws of New Jersey. This does not mean that…
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Is automatic telephone call transcription legal?
I use an automatic telephone call transcription service. This is wonderful aid to my memory and allows me to respond to calls more effectively when I am not at my desk. (I try to spend at least several hours working or walking outdoors on most most days). Several of the major AI-assisted call services connected…
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Why we use CPAs to testify about accounting statement fraud
Disclosure: While I have served as professional accounting witness in other unrelated court cases, I did not testify in past Trump fraud cases. In past Trump fraud cases in the 1990s, I offered accounting statements taken by an attorney for the plaintiff victims that included a statement of my direct communication with Trump and his…
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Qualified immunity revisited: a small business perspective
The legal doctrine of qualified immunity, originating decades ago, serves as a safeguard for government officials facing lawsuits alleging violations of constitutional rights. Initially, the Supreme Court emphasized that this doctrine should not be a “license to lawless conduct.” However, state courts have frequently interpreted qualified immunity in a manner that allows officials to evade…
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Hit and run
A hit and run of a pedestrian is a terrible crime that is too often ignored. The hit is often unintentional but the act of fleeing rather than helping is usually intentional. Often other crimes are connected. Police and prosecutors have a poor track record in these cases. Insurance companies vigorously fight claims made by…
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More on video evidence in court
Last week I posted a blog that commented on the surprising difficulties I faced this month having vehicle dash and bumper camera video evidence admitted as defense into a local Millville traffic court case. I’ve also been exposed to a number of cases in various courts (many mentioned in past blog posts) where regulators and…
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What I learned from Millville traffic court
It seems that once or twice a decade I wind up in traffic court. It’s never for some common thing. It’s always a bizarre incident. Before this week it was a few years ago when a guy alleged that my parked car rolled backward a few feet into his while I was in the backseat…
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Working with noncompliant businesses
These are the three steps I use to address noncompliant businesses:1. Risk assessment – The first step must be risk assessment and strategy formation.2. Work plan – There must be a plan to address the risk.3. Trigger point – There must be a point at which lack of progress or a slide deeper into risk…
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SCOTUS will hear Anthony Novak case
The US Supreme Court agreed to hear an interesting case involving a familiar name “Anthony Novak”. Anthony Novak in Ohio was arrested, prosecuted and found not guilty of breaking local law for making Facebook posts that annoyed police. Now he wants to sue police but federal appeals court ruled that officers are protected by qualified…