Here are some articles written by Michael Simkin, and his brilliant erudite daughter, about persuasive writing techniques attorney’s should use.
Latest from Legal Secrets
New Corporate and LLC FinCen Registration Requirements: Huge Penalties if not done by January 2025!
If you own or operate a for profit corporation, LLC, limited partnership or “any business entity that requires registration or creation by filing a form with any governmental entity, you need to go and file at https://boiefiling.fincen.gov There are 23 categories of exemptions, general partnerships and trusts do not need to register. Tax-exempt
Use FOIA to Support Immigration Waivers to enter the United States
The first challenge to obtaining a waiver, or ascertaining the best way to overcome denial of entry into the United States is figuring out what information the U.S government has on you. The U.S. has a lot of information publicly available such as from here https://www.dhs.gov/foia-library and look here https://www.uscis.gov/records/electronic-reading-room. However, you also want
Emoji Assent to a Contract (In Saskatchewan🤷♂️ or 💩)
June 8, 2023, the Saskatchewan Court of the King’s Bench, held an emoji can express a contractual agreement between parties. See South West Terminal Ltd. V Achter Land
Once you learn the facts, it is not an outlier case. In South West Terminal Ltd. V Achter Land, involving the sale of farm
Court Clarifies the New Document Production Requirements §2031.210 — POLLOCK V. SCHUSTER
In a writ of mandate from a Los Angeles Superior Court case, the court clarified that a Code of Civil Procedure §2031.210, a statement of compliance (the written response) for a document demand does NOT to identify the specific request and document to which each document will pertain. Nor does the document response portion need
Music Played at Work Can Create a Hostile Environment or Sexual Harassment Sharp v. S&S Activewear.
Sharp v. S&S ACTIVEWEAR Music June 7, 2023, D.C. No. 3:20-cv-00654-MMD-CLB See: Sharp v S&S
Constantly playing music in the workplace with sexually derogatory or violent content, can create a hostile or abusive environment and constituting discrimination because of sex. Harassment, whether by sound, or visual, does not need to be directly targeted at a
USCIS Prostitution Waivers INA §212(h) — No hardship need be shown (nor 15 year wait) required!
Persons inadmissible because they were convicted of (or admit to) engaging in prostitution (See INA §212(a)(2)(D)(i) can use the less burdensome standard for a INA § 212(h) waiver. Technically, the applicant for a waiver only needs to show her admission is not contrary to the national welfare and has been rehabilitated. (INA §212(h)(2)) “Hardship to
Penal Code §496(c) Can be applied in civil “business tort” case for theft. SIRY INVESTMENT, L.P. v. FARKHONDEHPOUR
In SIRY INVESTMENT, L.P. v. FARKHONDEHPOUR, the Supreme Court resolved a conflict in lower courts by ruling that treble damages and attorney’s fees pursuant to section 496(c) are recoverable in theft-related business tort cases. The Court found it applies so treble damages and attorney’s fees can be awarded in a case concerning “fraudulent diversion of
Copyright “Fair Use Doctrine” — Explained Plain and Simple MCGUCKEN V. PUB OCEAN LTD. D.C. No. 2:20-cv-01923
Lawyers tend to overlook the simple truth about the four elements “fair use doctrine” under 17 U.S.C. § 107 stretching arguments far beyond common sense. A recent case clearly sets out the commonsense aspect of “fair use”. In MCGUCKEN V. PUB OCEAN LTD. plaintiff’s slightly cropped photographs of a lake were posted without seeking or
Arbitration Clauses May Not Be Enforceable Against Poor Plaintiffs! See Aronow v. Superior Court (Emergent)
A trial court that granted a defendant’s petition to compel arbitration has jurisdiction to lift the stay of trial court proceedings where a plaintiff demonstrates financial inability to pay the anticipated arbitration costs; in such a situation, the court may require the defendant either to pay the plaintiff’s share of arbitration costs or to waive