Matthews Bark Criminal Defense – “Judge: It’s Always Been Legal To Fly Commercial Drones In The U.S.”

Source       : Tech. Fortune
By                : Clay Dillow
Category  : Attorney Matthews Bark of OrlandoMatthews Bark Criminal Defense

Drones In U.S.
Drones In U.S.

For years now a huge cross section of businesses — enterprises ranging from utility operators to civil engineers to real estate brokers to wedding photographers — has been waiting for the Federal Aviation Administration to clear unmanned aerial systems (UAS), more commonly known as “drones,” for commercial use. It turns out they need not have waited at all. A federal judge has decided that the FAA’s commercial drone prohibition is not actually federal law and that the FAA has no authority over small unmanned aircraft, a ruling that immediately opens U.S. skies to at least some kinds of commercial drone use. Judge Patrick Geraghty of the National Transportation Safety Board has dismissed a case in which the FAA sought to fine drone operator Raphael Pirker $10,000 for using a lightweight, remotely-piloted styrofoam aircraft to capture aerial footage of the University of Virginia as part of an advertisement for the university’s medical school. Pirker and attorney Brendan Schulman appealed the fine to the NTSB, and late last week Geraghty handed down a decision siding with Pirker.

The grounds: The FAA has prohibited the use of drones for commercial purposes since issuing a policy statement back in 2007, but it failed to go through the proper channels to codify that policy into federal law. Further, the decision reads, the FAA has never before defined small model airplanes like the one used by Pirker and most drone hobbyists as “aircraft” subject to broader FAA oversight, and therefore FAA rules and regulations that apply to “aircraft” don’t, by rule, apply to these small model aircraft. “In plain language it says that there’s no federal aviation regulation concerning model aircraft, or what are now more commonly referred to as ‘drones,’ and that those devices are not considered to be ‘aircraft’ for purposes of the FAA’s rules and regulations,” Schulman, a special counsel at Kramer Levin Naftalis & Frankel in New York City. “In reaching that conclusion it also says that the 2007 policy statement from the FAA that implemented a ban on the commercial use of drones is not enforceable as a regulation.”

The FAA’s blanket prohibition on using drones for commercial purposes may no longer be valid, Schulman says, but that doesn’t necessarily mean companies can now take to the sky with UAS and do anything and everything they want to do. There are state and local laws that come into play, as well as privacy issues and matters of insurance and liability that have yet to be hashed out. Nonetheless, it does open up the skies to commercial drone users who can abide by the letter of state and local laws already in place. And it firmly takes the operation of such aircraft out from under the purview of the FAA, at least for the time being. That’s a welcome development for a large swath of businesses large and small that have been waiting a decade or more for the FAA to issue guidelines and regulations allowing them to leverage UAS technologies to their advantage. The legal use of commercial drones is expected to have an economic impact between $80 and $90 billion in the first decade after the aircraft are cleared to fly, as everyone from Big Agriculture to small aerial photography businesses takes advantage of the cost savings and enhanced capabilities that UAS offer. Oil and gas companies want to use UAS to inspect flare stacks and pipelines, engineers want eyes in the sky over construction projects, utilities want to use drones to keep an eye on their infrastructure, and even mom-and-pop real estate shops want to use them to take better imagery of their properties.

Then there’s the drone hardware business itself. Big aerospace players like Lockheed Martin (LMT) and Boeing (BA) and have significant interests in the commercial UAS industry, and several dedicated small UAS makers like Monrovia, Calif.-based Aerovironment, Canada’s Aeryon, and Flyterra, and Hong Kong-based DJI all see significant upside in relaxed restrictions on U.S. domestic drone use as businesses large and small either purchase their own UAS or enlist the services of drone engineers and operators (remember Amazon’s “drone delivery” stunt late last year?). The FAA could appeal the decision, though it’s unclear if it will or even if it’s in the agency’s best interests. A set of proposed rules governing UAS flight is already expected from the FAA later this year, and following a period of commentary from industry and government a finalized set of regulations for domestic drone use will follow (likely in 2015 or 2016). Fighting the court’s decision now might not lead to any meaningful decision before the proposed FAA rules come out later this year, and a decision that goes against the agency might further tie its hands during the rule-making process.

All that means that — for the time being at least — commercial drones are now free to fly in U.S. airspace, though, as Schulman points out, just because a business can fly a drone doesn’t necessarily mean that it should. “The decision indicates that there’s no federal regulation that directly addresses the commercial operation of drones, and as a general proposition in the United States if there’s no regulation prohibiting conduct then as American citizens we’re free to engage in that conduct,” Schulman says. “But that’s still subject to standards of negligence and tort law that might apply in the event that someone actually gets hurt or property is damaged. It’s not a free license to do anything you want.”

SOURCE : tech.fortune.cnn.com/2014/03/10/commercial-drones-faa/

Advertisements

Matthews Bark – “Google Inc (GOOG) To Launch Software Development Kit For Wearable Devices”

Source      : Opptrends
By               : Aman Jain
Category : Attorney Matthews BarkMatthews Bark

Google Inc (GOOG) To Launch Software Development Kit For Wearable Devices
Google Inc (GOOG) To Launch Software Development Kit For Wearable Devices

Google Inc is all set to release a software development kit for wearable devices towards the end of this month to enable the hardware firms to use Android in their smart watches, fitness trackers and other gadgets. Sundar Pichai, senior vice president of Android, Chrome and Apps announced this at the SXSW conference in Austin. “In about two weeks, you will see us launch the first SDK for what we think of as Android for wearables,” said Pichai, after outlining Google’s vision of the wearable technology market.

Google Aiming The Wearable Tech Market

He said that wearable’s always need a platform. Sensors are small and powerful, and could collect a lot of information that can be useful for users. He added that the company is building the right APIs for this world of sensors. Pichai said that the smart watches and fitness gadget are the two most popular devices, in the wearable category. Keeping this in consideration, Google Inc is expecting that SDK would enhance the development of a range of new devices. Pichai kept silence on the Hardware subject, and gave no indication about the company making its own hardware. He said that from his point of view, as well as team’s standpoint, it would be better to focus on the platform and API.

Chromecast Sales Number Rising

When asked about the Google Inc Chromecast devices, Pichai deferred from giving the exact sales number of the USB dongle for TVs, but added that Google is upbeat by the performance so far. Pichai said that the sales has reached in millions and increasing ahead. Pichai, also, said that Chromecast would be available in other countries, as well, in the coming weeks. He said that the company has a business relationship, licensing relationship and users like to use Google services, in addition to the Android. However, it is not possible to use Android without Google. Pichai took the responsibility of Android in 2013 after founder Andy Rubin moved to other projects inside the Google. Pichai, in his interview, said that Android is one of the most open systems, and it is designed from the ground to become a very powerful customizable platform. The senior executive denied that Google Inc (NASDAQ:GOOG) is too controlling.

SOURCE : opptrends.com/2014/03/google-inc-goog-to-launch-software-development-kit-for-wearable-devices/

Matthews R Bark Attorney – “President Signs Law Giving Government More Power Over Judiciary”

Source     – Euro News
By            – Press Release
Category – Matthews R Bark, Matthews R Bark Attorney

Attorney Matthews Bark of Orlando
Attorney Matthews Bark of Orlando

Turkish President Abdullah Gul signed into effect a new bill giving the government greater control over the judiciary on Wednesday. Gul said he had asked for 15 anti-constitutional points in the bill to be corrected, before final approval. The main opposition Republican People’s Party says it will renew it’s application to make the new law void.

Critics say it weakens judicial independence. Protests in Ankara and Istanbul have already broken out over government corruption. Prime Minister Recep Tayyip Erdogan is embroiled in a scandal in which alleged tape recordings reveal him asking his son to dispose of vast amounts of illegal cash. Gul has already overseen the approval of a law tightening up control of the internet. Critics claim this is a crackdown on freedom of speech and dissent and a knee-jerk response to the ongoing corruption probe.

Source : euronews.com/2014/02/27/turkey-s-president-signs-law-giving-government-more-power-over-judiciary/

Matthews R Bark – “Apple Is Trying To Squeeze Even More Money From Samsung In Patent Suit”

Source     – BGR
By            – Brad Reed
Category – Matthews Bark Criminal Defense, Matthews R Bark

Apple - Samsung Patent Wars
Apple – Samsung Patent Wars

Sorry, Samsung: It looks like that additional $290 million still isn’t enough for Apple. FOSS Patents notes that Apple filed a motion this week asking Samsung to pay an additional $15.7 million to help cover Apple’s legal expenses, which the company says totaled more than $60 million over the duration of the patent trial. Samsung is already on the hook for more than $929 million in its patent dispute with Apple so from that perspective another $15 million doesn’t seem like all that much.

Having losing parties pay for their opponents’ legal expenses in patent cases isn’t the norm in the United States right now, although that could change if the Innovation Act that passed in the House of Representatives on Thursday becomes law. In that legislation, losing patent plaintiffs will be made to pay for defendants’ legal fees so that non-infringing companies don’t have to waste untold amounts of money to defend themselves from constant suits.

Source : bgr.com/2013/12/06/apple-samsung-patent-trial-legal-expenses/

Attorney Matthews Bark of Orlando – “Snyder Signs Laws To Block Bridge Cards At Certain ATMs”

Source     – Detroit CBS Local
By             – Associated Press
Category – Matthews Bark, Attorney Matthews Bark of Orlando

Attorney Matthews Bark of Orlando
Attorney Matthews Bark of Orlando

Michigan Gov. Rick Snyder has signed laws to block welfare recipients from withdrawing their taxpayer-provided cash from ATMs in liquor stores, horse tracks and strip clubs.  Under federal law, states that don’t restrict welfare recipients’ ability to conduct electronic transfers at liquor stores, casinos or adult entertainment establishments could lose up to 5 percent of their federal welfare funding.

The six bills were sponsored by Republican Sen. Rick Jones of Grand Ledge along with Republican Reps. Margaret O’Brien of Portage and Dale Zorn of Ida.

Jones (R-Grand Ledge) said the bill was  a natural followup to a similar law, passed in 2012, that prevents cash withdrawals inside casinos. He cautioned that Michigan risked forfeiting $40,000 in TANF [Temporary Assistance for Needy Families federal] grant money. Republican Rep.

Dale Zorn of Ida says welfare is to help people get back on their feet, “not kicking back at adult entertainment venues.” Those opposed to the bills were concerned that such laws may prevent card users from using ATMs at corner stores in urban neighborhoods where ATMs are scarce.

Read : detroit.cbslocal.com/2013/12/18/snyder-signs-laws-to-block-bridge-cards-at-certain-atms/

Matthews Bark – From The Young Lawyers Division To The Senior Lawyers Division

Source     – americanbar.org/
By            – Press Release
Category – Matthews Bark

Matthews Bark
Matthews Bark

After decades of commitment to the American Bar Association, Seth Rosner has been elected chair of the ABA Senior Lawyers Division. But focusing on professional pursuits would only tell part of his story.

Rosner, a Saratoga Springs, N.Y.-based practitioner specializing in business law, legal ethics and professional responsibility, was admitted to practice in 1955, the same year he received his JD degree from Columbia Law School. He began his service to the ABA in 1964 as a delegate from the New York City Bar to the Young Lawyers Division. He went on to represent seven different constituencies in the House of Delegates, among many other ABA involvements.

Rosner, 83, has served a cumulative 45 years on ethics and professionalism committees of the ABA as well as other lawyer groups.

“While many academics, judges and practitioners have distinguished themselves in the field of legal ethics, only a handful can truly claim to have contributed meaningfully to the overarching concepts of professionalism. Mr. Rosner is a leader of this very elite group,” ethics lawyer Diane Karpman of Beverly Hills, Calif., said when Rosner won the Michael Franck Professional Responsibility Award in 2009 from the ABA Center for Professional Responsibility.

In nominating Rosner for the Franck award, the late legal ethics expert Steven C. Krane wrote: “Seth has worked in the professionalism vineyards as a volunteer. His service in this area over a period of more than four decades may be unparalleled.”

Another Center for Professional Responsibility award, the Rosner & Rosner Young Lawyers Professionalism Award, was created and is funded by Seth Rosner in memory of his father and brother.

Rosner earned his LLM degree in comparative law from the New York University School of Law, where he was an adjunct faculty member for 29 years.

He is a founding trustee, past chairman and now chairman emeritus of the Board of Governors of the Josephson Institute of Ethics, which has conducted programs for more than 100,000 public officials, school administrators, military and police officers, journalists, corporate and nonprofit executives, and judges and lawyers.

Building on his experience racing sports cars as young man in California and France, Rosner serves as a trustee and officer of the Saratoga Automobile Museum. He has also served on the boards of Jewish Home Lifecare, Wesleyan University (his undergraduate alma mater) and the Leica Historical Society of America

Earlier in his life, Rosner worked on a ranch in Idaho, won squash racquets championships in New York City and won table tennis tournaments aboard trans-Atlantic ocean liners. During his three and half years of active duty in the Navy, Rosner was legal officer and an officer-of-the-deck on the USS Intrepid in the Atlantic. He writes verse and his photographs have appeared in national magazines and a book. Rosner presently sings bass in the Racing City Chorus, the men’s barbershop singers of Saratoga Springs.

 

Source – americanbar.org/news/abanews/aba-news-archives/2014/01/from_the_young_lawye.html

 

Matthews Bark – Sports Former F1 Champ Schumacher In Coma After Brain Surgery

Source      – abcnews.go.com/
By             – SARAH DiLORENZO and GEIR MOULSON
Category – Matthews Bark

Matthews Bark
Matthews Bark

The Grenoble University Hospital Center said the retired racing driver arrived at the clinic in a coma and underwent immediate surgery for a serious head trauma.

It was not clear whether the 44-year-old Schumacher was still in a coma but the hospital statement, which was signed by a neurosurgeon, an anesthesiologist and Marc Penaud, the hospital’s deputy director, said “he remains in a critical condition.”

Schumacher fell while skiing off-piste in Meribel earlier Sunday and hit his head on a rock, according to a statement from the resort. Resort managers said he had been wearing a helmet and was conscious when rescuers first responded to the scene.

Earlier in the day, the Meribel resort said Schumacher had been taken to Grenoble for tests and authorities said his life was not in danger.

But the situation began to appear more serious when the resort said that orthopedic and trauma surgeon Gerard Saillant had traveled from Paris to the hospital in Grenoble to examine Schumacher. German news agency dpa said it was Saillant who operated on Schumacher when he broke his leg during a crash at the Silverstone race course in 1999.

In an email to The Associated Press, Schumacher’s manager Sabine Kehm said the champion German driver was on a private skiing trip and “fell on his head.”

“We ask for understanding that we cannot give running updates on his condition. He wore a helmet and was not alone,” Kehm said. Schumacher’s 14-year-old son was skiing with his father when the accident happened, the resort said.

As news of the accident spread, Formula One drivers used social media to wish Schumacher a quick recovery.

His former Ferrari teammate Felipe Massa, who recovered from life-threatening injuries sustained at the Hungarian Grand Prix in 2009, wrote on Instagram: “I am praying for you my brother!! I hope you have a quick recovery!! God bless you Michael.”

The Twitter feed of Germany’s Adrian Sutil, who drives for Sauber, read: “I hope Michael Schumacher will get well soon! All my best to him and his family.” Romain Grosjean of Lotus tweeted: “All our thoughts to Schumi and his family! Hope you will recover soon #legend #Schumi.”

Support also came from leading German sports personalities, ranging from the NBA to soccer. Dallas Mavericks power forward Dirk Nowitzki said his thoughts were with Schumacher, while Lukas Podolski, who plays for Arsenal in the English Premier League, tweeted: “Bad news from Switzerland: please get well soon, Michael Schumacher. All the best for you, my friend! #getwellsoon #MichaelSchumacher.”

In addition to the crash at Silverstone, Schumacher was hurt seriously in a motorcycling accident in February 2009 in Spain when he suffered neck and spine injuries. He recovered sufficiently from those injuries to make a comeback in F1.

Schumacher initially retired from F1 in 2006 after winning five straight titles with Ferrari following two earlier ones with Benetton. He returned to the sport in 2010 and drove for three seasons for Mercedes without much success before retiring again last year.

Source – abcnews.go.com/Sports/wireStory/radio-f1-great-schumacher-injured-skiing-21360281