The “R” word is back again. We’re only three years removed from the housing bubble burst, but a sense of normalcy seemed to be returning to the death care industry. It wasn’t necessarily a return to the old ways, not with the increase in cremations and regulations. But, many operators were coming to grips with the changes that needed to be made. This past week’s events suggest the nation’s economy has entered another turbulent period that could last several years. Full Story
On July 15, 2011 Governor Jerry Brown signed SB 458 into law with an urgency declaration making it effective immediately. This new law prevents deficiency judgments after a short sale and means those naughty lenders cannot come after you once your short sale is complete. Full Story
Once again, I find myself turning to the New York Post for some of the most interesting family law news. This week, they got me again when they wrote about supermodel, Linda Evangelista’s request for $46,000 per month in child support for the son that she had with Francois-Henri Pinault (CEO of the conglomerate that owns Gucci, Yves St. Laurent and Bottega Veneta).
Sixth Circuit Holds Employer’s Lawsuit Against Union for Email and Phone Spam Attack Not Preempted by the National Labor Relations Act
In Pulte Homes, Inc. v. Laborers’ International Union of North America, Nos. 09-2245; 10-1673 (6th Cir. August 2, 2011).pdf, the Sixth Circuit reversed in part the district court’s dismissal of Pulte’s Federal Computer Fraud and Abuse Act (“CFAA”) claims and, in the process, further elucidated the “independent-federal-exception” to Garmon preemption over conduct “arguably subject” to section 7 or 8 of the National Labor Relations Act (“NLRA”). The Court also clarified the standards for pleading intent and damages on a transmission claim under the CFAA Full Story
Collateral Damage: Why Plan Participants Are Being Harmed by the DOL’s Existing Regulations Regarding IRA Rollovers
In the summer of 1999, I left my position as in-house counsel for an insurance company and returned to the private practice of law. As a result, I rolled the funds held in my 401k plan into an IRA. I was a complete novice when it came to investing at the time but had recently heard a commentator on NPR claim the rise of the Internet represented a paradigm shift in the global economy. Based upon this information, I moved half of my retirement funds into a “New Economy Fund” and the other half into a “ContraFund.” When the dot.com bubble burst a year later, I realized I could have fared just as well if I had flushed half of my money down the toilet and stuck the other half under my mattress.
On August 3, 2011, a federal judge upheld (pdf) a congressional budget rider that removed Endangered Species Act (ESA) protections for gray wolves in Montana, Idaho, Oregon, Washington, and Utah. The legislation was included as part of the Department of Defense and Full-Year Continuing Appropriations Act of 2011 (pdf) (H.R. 1473) (the Act), which was passed by Congress and signed by the President in April 2011. Section 1713 of the Act directed the U.S. Fish & Wildlife Service (Service) to reissue a 2009 rule that removed ESA restrictions on the gray wolf, except for in the state of Wyoming. The same rule was determined by a district court to be illegal in 2010. The rider was authored by Rep. Mike Simpson (R-Idaho) and Sen. Jon Tester (D-Mont). Full Story