Reuniting families has been a major point of conversation in immigration news this May. This week, we’ve seen efforts to expedite the reunification process, the impact that living in sanctuary can have on a family, and funding for undocumented students. To stay updated on all things immigration, follow us on Instagram, LinkedIn, or Facebook! 1. Migrant children have been in US custody for weeks. Now the Biden administration has to reunite them with families – Thursday, May 13 While the number of minors apprehended at the U.S./Mexico border slightly declined in April to just over 17,000, but…
A prenuptial agreement can be a useful tool for protecting both partners’ financial and property interests during their marriage. It can often help simplify the divorce process if the marriage fails. However, prenuptial agreements can be a sore subject for some couples, especially if one spouse has significantly greater assets and is more interested in creating the agreement than the other. If your spouse asks you to sign a prenup, there are several things you can do to ensure that the agreement is fair to you as well as your spouse. Considerations When Signing a Prenup Before you go through…
There are so many rules that you must follow when you are driving, it is not difficult to break one of those rules. If you are caught breaking those rules, however, it is likely that you will receive a traffic citation. Most people have received at least a small citation in their lifetime, but the penalties for traffic violations can vary depending on the specific offense and the seriousness of the offense. In some cases, you may be required to attend a hearing in traffic court.  Traffic Court Procedure If you do have to attend traffic court, the officer issuing…
Friday, May 14, 2021 Article: What Would Settlor Do? Immortal Trust Settlors, Federal Transfer Taxes, and the Protean Irrevocable Trust Kent D. Schenkel recently published an article entitled, What Would Settlor Do? Immortal Trust Settlors, Federal Transfer Taxes, and the Protean Irrevocable Trust, Wills, Trusts, & Estates Law ejournal (2021). Provided below is the abstract to the Article: The increasingly protean irrevocable trust puts substantive trust law and the federal transfer taxes at cross-purposes. State trust law’s overriding objective is simply to carry out the intent of the trust settlor. Settlors intend to manage or control the benefits from…
Contributed By Michael Wong, May 14, 2021 Blue medical face masks isolated on white On May 13, 2021, the CDC issued new guidance stating that those who are fully vaccinated can resume activities without wearing a mask or social distancing. Following the CDC’s announcement, President Biden lifted the mask mandate that was required by staff and visitors of the White House.   While the CDC has issued this guidance, a patchwork of state and local policies or rules are popping up making clear that we are not going to be mask free quite yet. More importantly, the CDC’s announcement contained…
A revocable living trust is a legal entity that holds a trustmaker’s property and avoids the need for probate when the trustmaker—also known as the grantor—dies. Since a deceased person cannot own land, probate is required to transfer properties from the decedent’s possession to the names of living beneficiaries after his or her death. | O’Flaherty Law – Learn About Law Legal Articles, Videos & Podcasts with O’Flaherty Law…
Congratulations on your marriage to a foreign national! You have applied and received permanent resident for them to join you in the United States. However, the residency card that you received was only valid for a period of two (2) years. What gives? In this article, we will discuss the following: | O’Flaherty Law – Learn About Law Legal Articles, Videos & Podcasts with O’Flaherty Law…
It is no secret that Illinois and the rest of the country are in the grips of a major drug epidemic. It is estimated that the United States is losing more than 80,000 victims each year to drug overdoses. Because Illinois still treats drug possession of any amount of controlled substances as a criminal offense, victims who are overdosing or friends who are with them at the time may be hesitant to call 911 for help because they are afraid they will be arrested. Fortunately, a new Illinois law may save lives in these situations. Illinois HB 158 Naloxone is…
Under Illinois law, traffic violations range widely from minor offenses resulting only in fines and driver’s license points, to serious crimes that can result in prison sentences and additional consequences. Reckless driving is an example of the latter. However, it can be difficult to know whether you will face this serious charge after an arrest because of the somewhat vague definition of reckless driving. This makes it all the more important to hire an experienced defense attorney as soon as possible. Reckless Driving Defined According to the Illinois Vehicle Code, there is one specific offense that constitutes reckless driving: knowingly…
On May 13, 2021, the Department of Education Office for Civil Rights published a Q&A on Civil Rights and School Reopening in the COVID-19 Environment. The document is aimed at “helping schools reopen safely and in ways that support equity among students” and addresses obligations under Section 504 (prohibiting discrimination on the basis of disability), Title VI (prohibiting discrimination on the basis of race, color, or national origin), and Title IX (prohibiting discrimination based on sex). In the disability section, most of the answers repeat or expand on prior guidance from the Department. And on the one question where…
Pacific Biosciences of California, Inc. v. Oxford Nanopore Techs., Inc. Docket No. 2020-2155, -2156 (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/20-2155.OPINION.5-11-2021_1776046.pdf) LOURIE, TARANTO, STOLL May 11, 2021 Brief Summary:  Lack of enablement finding affirmed (e.g., “relevant artisans did not know how to perform nanopore sequencing for more than a narrow range of the full scope of nucleic acids covered”). Summary:  PacBio appealed DC denial of its motion for a new trial after a jury found the claims of US 9,546,400 and 9,772,323 infringed but invalid for lack of enablement (35 U.S.C. section 112).  The DC also rejected PacBio’s argument that Oxford’s opening remarks regarding…
Even after taking all of the necessary steps to ensure a child support order that accounts for all of your children’s needs, things can change. After all, it has been said the only constant thing in life is change. When your child’s needs or your financial situation has changed, you can request a review of your child support order to determine whether a modification is necessary. A judge will usually only find a modification necessary if they determine that a “substantial change in circumstances” has occurred. But what does that actually mean? Understanding what the court considers a substantial change…
While nearly all of you are reading up on the CDC’s latest guidance allowing vaccinated folks to shed their masks inside and out, we’re getting back to the basics here on the FMLA Insights blog. A few of my clients have been grappling with how and when an employee recoups their FMLA leave entitlement in a new FMLA leave year after the employee has used FMLA leave throughout the year. Such a common issue, and it can be confusing. When tackling this issue, we first must confirm which of the four 12-month FMLA periods the employer is using.  Since…
Businesses owned by nonlawyers can now deliver legal services in Arizona. This spring, the Arizona Supreme Court approved three organizations to be licensed as alternative business structures, a new type of entity defined in an August 27, 2020, court order that overhauled rules regulating the practice of law in the state. According to LawSites, in March and April 2021, the Supreme Court approved the applications of: Trajan Estate, LLC, a legal service provider focused on estate planning. The two principles are Kent Phelps, an Arizona lawyer since 1996, and Jeffery B. Junior, CEO of Trajan Wealth, a company…
To quote Oscar Wilde – “Education is an admirable thing, but it is well to remember from time to time that nothing that is worth knowing can be taught.” As a former teacher, I particularly like this quote because the thing that impresses me most about people, whether a stranger, colleague, or friend, isn’t the breadth of their education, but how they use the education they have. This blog, which is directed at CLE providers, is a call for us to work smarter when it comes to developing learning pathways for lawyers. If Wilde was correct that learning, not education,…