Orlando DUI Attorney- Exemption in ‘Tennessee Whiskey’ Law Raises Legal Flags

Source     : ABC News
By            : ERIK SCHELZIG Associated Press
Category  : Legal Flags , Orlando DUI Attorney

barrels are stored at the George Dickel distillery near Tullahoma, Tenn. Popcorn Sutton Distilling of Newport, Tenn
Barrels are stored at the George Dickel distillery near Tullahoma, Tenn. Popcorn Sutton Distilling of Newport, Tenn

The state Legislature in 2013 excluded Prichard’s from the law passed at the behest of Jack Daniel’s that for the first time established rules for which products could label themselves as Tennessee whiskey. Those rules codified what is known as the “Lincoln County Process,” which requires whiskey to be filtered through maple charcoal before being aged in unused charred barrels made out of oak. The filtering requirement makes up the principal difference from making bourbon. Distiller Phil Prichard gained his exemption after arguing that he shouldn’t have to follow a charcoal filtering requirement because it does not follow the technique used by his grandfather.
“If I subscribe to this rule that Jack Daniel’s has imposed on us all, then I would then be paying homage to Jack Daniel’s and not paying homage to my grandfather Benjamin Prichard,” he said in a phone interview Wednesday.

Prichard has since opened another distillery in Nashville, creating the odd scenario in which his product made at the original location is grandfathered out of the Tennessee whiskey law, while spirits flowing from the new still are not. “The fact that I can’t make whiskey according to my grandfather’s techniques at the Nashville location is a bit of a slap in the face to me,” Prichard said. “It’s still the same grandfather, and I’m still Phil Prichard.” Slatery said in the legal opinion that Prichard’s exemption could run afoul of the equal protection provisions of the U.S. Constitution and the Tennessee Constitution’s ban on suspending “any general law for the benefit of any particular individual.” The state law exempts Prichard’s by saying it does not apply to distilleries established between certain dates that match when Phil Prichard began doing business. “There is no discernable reason to distinguish one distillery from other existing distilleries on this basis, especially since the exemption at issue is purportedly the one that distinguishes Tennessee Whiskey from bourbon,” Slatery said. The fight over the Tennessee whiskey law has drawn in global liquor giants Diageo PLC, which owns George Dickel, and Louisville, Kentucky-based Brown-Forman Corp.

Several craft distilleries have lined up behind Jack Daniel’s to support the new law, but the makers of Dickel, Prichard’s and Full Throttle have been vocal opponents of having to conform to the new law they have deemed too restrictive. It’s unclear whether a successful legal challenge to Prichard’s exemption would sink the entire Tennessee whiskey law, which does not carry a so-called severability clause that would keep constructional provisions in place in the event that part of the statute is thrown out. Prichard said he feels uncomfortable that the exemption gives him “the ability to profit as a result of a bad law.” He said he wishes the state would just go back to allowing distillers the same freedom to do business they had before 2013. “This is a law that was designed to benefit one company,” he said. “The whole law stinks.”

Link : abcnews.go.com/US/wireStory/exemption-tennessee-whiskey-law-raises-legal-flags-29747121

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Matthews Bark – “iPhone App Offers Breach Law Guide”

Source : Bank Info Security
By : Eric Chabrow
Category : Matthews Bark – Criminal-Defense-Attorney

Matthews Bark
Matthews R Bark

A new, free iPhone app is designed to help organizations navigate 46 state data breach notification laws as well as federal statutes, such as HIPAA, attorney Scott Vernick says. Vernick, a partner at the law firm Fox Rothschild whose practice includes privacy and data security law, coordinated the development of the app, known as Data Breach 411. “We wanted to put something at people’s fingertips so that they could readily, at a minimum, look at the 46 different breach notification statutes and get a sense of what their reporting obligations were,” Vernick says in an interview with Information Security Media Group. The free app can be downloaded from iTunes. Vernick says the firm will likely eventually create an Android version.

Among the app’s features:

An alphabetical listing of the 46 states with data breach laws, with links to relevant notification statutes; Links to federal breach notification rules and other relevant information related to the loss or theft of protected health information; and Links to credit agencies and credit monitoring services and the Federal Trade Commission website. The app also offers a section on the Children’s Online Privacy Protection Act as well as infor-mation regarding the mining of data on minors. In the interview, Vernick describes the features of Data Breach 411, discusses the environment that created the need for the app and explains how the app will be updated and upgraded. Vernick is a commercial litigator who focuses on technology, intellectual property, health care, privacy and data security law. He regularly counsels multi-national and mid-sized businesses on how to mitigate risk and overcome the challenges posed by the multitude of state and federal laws and regulations dealing with IT security, privacy and data breach notification.

Source : bankinfosecurity.com/interviews/iphone-app-offers-breach-law-guide-i-2163

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

Attorney Matthews Bark | “Law Schools Adjust To Lower Enrollments”

Source    : Chicago Tribune
By           : Ameet Sachdev, Chicago Tribune
Category : Attorney Matthews Bark , Criminal Defense Attorney

Attorney Matthews R Bark
Attorney Matthews R Bark

Amy Cramer, who finished law school in 2011, was one of the fortunate ones, if you define fortunate as finding a temporary job as an employee benefits consultant for $18 an hour soon after graduation.More than 14 percent of her classmates at The John Marshall Law School in Chicago had not found any job nine months after graduation. Cramer recently joined the ranks of unemployed lawyers when her contract job ended in October.

“I love the law, but being unemployed is very tough on the psyche,” said Cramer, 28. “I don’t know if it’s bad luck or something I’m doing wrong. There’s so much self-doubt in the process.” The job market has been tough for law school graduates for several years. But law schools were slow to react to changing market conditions. They kept growing enrollments, despite fewer jobs. In 2010, a record of more than 52,000 students started law school, according to data compiled by the American Bar Association, which accredits U.S. law schools. Since then, enrollments have fallen nationally amid a dwindling pool of applicants.

Would-be lawyers are thinking twice about spending $40,000 to $50,000 a year in private school tuition to study for a profession that isn’t creating enough new jobs to match the supply of graduates every year. The first to reduce their enrollments were lower-tier schools, according to published reports. But now the pain is spreading up the ranks. National admissions data for the entering Class of 2013 are being compiled by the American Bar Association, but a survey of law schools in Illinois shows sharp declines in enrollment.At Loyola University Chicago, the entering Class of 2013 was one-fourth smaller than the 2012 class. The University of Illinois at Urbana-Champaign enrolled 170 students, which was 28, or 14 percent, fewer than a year ago.

Even elite schools can’t escape the trends. Northwestern University, No. 12 in U.S. News & World Report’s Best Colleges rankings, trimmed its 2013 entering class of three-year law students to 177, or 14.5 percent, from 207 the year before. Unless law schools relax their admissions standards, enrollments may continue to shrink, judging by the numbers of people considering getting a Juris Doctor degree. The Law School Admission Council reported that 33,673 people took the law school entrance exam, known as the LSAT, in October, down nearly 11 percent from the same test month last year. The exam is administered four times a year.

The would-be professionals turning away from law school are not fleeing in any obvious direction. For example, interest in graduate business schools waned after 2009 amid a tepid recovery and uncertain job prospects. Applications for Master of Business Administration programs rebounded this year, but much of the increase came from overseas demand, according to the Graduate Management Admission Council.In the face of declining enrollments, the heads of law schools confront financial pressures that many have never dealt with. Schools are forgoing millions of dollars in tuition revenue by shrinking their enrollments. To balance their budgets, some deans have reduced faculty and staff through layoffs and attrition.

At the same time, they are spending limited resources to attract more students and find more jobs for their graduates. They are throwing themselves into curriculum reform and cajoling alums to hire students for either internships or full-time positions.”We’re in a longer-term correction in terms of jobs,” said Harold Krent, dean of the IIT Chicago-Kent College of Law. “Technology changes, globalization trends, corporate pressures on law firms and tax issues for state governments all have contributed. We have to ensure we continue to be as relevant as we can.”

IIT Chicago-Kent received 2,661 applications for its 2013 entering class, down 31 percent from 2010, when it received 3,854.Law schools face a difficult choice when the applicant pool shrinks. They can keep enrollment steady by loosening admissions standards, but the strategy could endanger their status in the influential rankings by U.S. News & World Report. Or they can preserve their academic credentials, accept fewer students and find ways to make up the revenue shortfall.

In 2012, Krent trimmed IIT Chicago-Kent’s first-year enrollment by 7 percent, from 308 full- and part-time students to 286, and the same number of students matriculated this year. From 2010 to 2013, the school has registered a modest decline in its median LSAT score, to 158 from 161, out of a possible score of 180.Krent said it hasn’t been easy balancing the goals of admitting students who can succeed in law school and pass the bar exam and maintaining revenue. Law school tuition also supports the undergraduate and graduate programs at the Illinois Institute of Technology. “Some people at the university would prefer if we guarantee 300 seats,” Krent said. David Yellen, Loyola’s law dean, said university officials supported his decision to cut the first-year class, agreeing to accept less revenue from the law school.

Source : chicagotribune.com/business/ct-biz-1201-law-school-declines-20131201,0,5070395.story

Contact DUI Lawyer | “10 Things The U.S. Does Better Than Anywhere Else”

Source     : CNN Edition
By            : CNN – Jordan Burchette, for CNN
Category  : Matthews Bark , Contact DUI Lawyer

US Cheerleaders
US Cheerleaders

(CNN) — Even if it’s not the land of opportunity it once was, the Big Mobility Scooter still has a lot going for it. In fact, there are at least 10 things by our count that you can’t find as good anywhere else on earth. With the caveat that China is on a trajectory to take over at least six of these categories by 2016, we present them without further interruption. Except for this last interruption (interrupting also being something Americans are fantastic at): Be sure to express your wholesale agreement with our list in the comments.

1. Effusive greetings
“Ahoy!” “Aloha!” “Hey!” “Hola!” “Howdy!” “Hiya!” “Ho there!” “Well, look who it is!” “What’s happenin’?!” “‘Sup!” “Yo!” “Hello!”
The variety and vibrancy of the American greeting is unrivaled, upholding a threshold of friendliness that Americans demand, Europeans find onerous and others find perplexing.
Want to slip through somewhere un-greeted?
Forget it.
Whether you’re leaving a hotel, shopping for a pair of jeans or just trying to get around a bystander, someone’s going to pop out from the shadows with a neighborly salutation, the enthusiasm of which may border on deranged.

2. Road trips
If we’re talking about something that can be done while seated, Americans are probably going to excel at it.
Germany likes to lay claim to the world’s first road trip, but having come of age at the same time as the automobile, the United States was custom-built for it. With roadside oddities like Carhenge in Nebraska and the world’s largest ball of paint in Indiana, along with infamous rest areas and national parks (more on those later) dotting America’s majestic roadscape at uniform intervals, you’re never far from the next adventure.
Unless you’re driving through Texas.

3. Derbies
With all due respect to the English city, the U.S. is the home of the derby in all its forms, be it racing, smashing or haberdashing. Originating in the county fairs of the nation’s 1950s backwoods, demolition derbies, like the one held annually in Delaware County, New York, pit hulking early-model autos against one another in contests of Americanly excessive ramming until only one remains functional. On the oval track, Louisville’s Kentucky Derby is a spectacle of horseshoed pageantry, while roller derbies from Austin to Seattle are cataclysms of people-wheeled fury.

4. Beer
Not to keep taking shots at Germany, but there’s only so much you can do with barley and hops. Live a little, Üter! By contrast, American brewers aren’t bound by purity restrictions on their craft, allowing them to push the pint glass with new additives, processes, styles and malt and hops strains moved through the largest number of breweries of any nation on earth. Whether it’s Portland, Oregon’s Hopworks, Grand Rapids, Michigan’s Founders, or Asheville, North Carolina’s Wicked Weed breweries, in no country is beer more innovative.

5. Diversity
The U.S. is a microcosm of nearly every world culture, climate, landscape and category of wildlife. (And whatever doesn’t occur naturally gets recreated at Disney.) Beaches extend from Cape Cod to Kaanapali; bayous encircle the Gulf of Mexico; alpine mountains streak the Rockies and Appalachians; rain forests span the Pacific Northwest; deserts stretch across the Southwest. Cougars, wolves, bear, bison and mustangs roam plains and forests; gators, crocs, whales, dolphins, turtles and snakes frequent the coasts; condors, eagles, falcons, flamingos, bats and pterodactyls — just making sure you’re still with us — inhabit the skies. But of course the Melting Pot concept was built on ethnic diversity. Despite the politics of immigration, the U.S. has and will continue to welcome the world’s huddled (and also brilliant) masses, making it as heterogeneous as any nation on earth.

6. Canyons
Geo-diversity has pocked much of the landscape with vast gorges and canyons that create expansive pockets of pure emptiness ringed by the most stunning rock formations, vegetation and slack-jawed tourists imaginable.
Unbelievable until experienced, Utah’s Bryce Canyon is the closest you can get to another planet without tickets on Virgin Galactic.
Then there’s Black Canyon of the Gunnison (Colorado), Palo Duro Canyon (Texas), Canyon de Chelly (Arizona), Sequioa and Kings Canyon (California), Waimea Canyon (Hawaii) and hundreds more to round out a list so deep and wide that it makes the U.S. the hands-down winner in this category even without mentioning the Grandest one of them all.

7. National parks
Overlooked during the westward expansion of the American frontier in the 1800s, Yellowstone was made the world’s first national park the way you might give the last kid picked for kickball the top spot in the order.
Turns out it’s one of America’s great national treasures, a tradition extended to 400 more areas comprising more than 84 million acres of buttes, plateaus, rapids, coral reefs, caverns, badlands, volcanoes, glaciers, falls, fjords, swamplands, sandstone arches, mangroves, geysers, gift shops and excellent interpretive centers ranging from coast to coast.

8. Eating
Make all the fat jokes you want — seriously, they’re hilarious — but no other nation offers the portions and varieties of culinary experimentation found in the U.S. This year’s gastronomic breakthrough was the cronut, a croissant-donut hybrid introduced by Dominique Ansel Bakery in New York City. It’s just the latest in a litany of extreme foods that’s yielded curated cupcakes, ramen burgers, sushirritoes, Korean tacos — the only limit will be an eventual shortage of truffles. There’s nothing the home of super-sizing won’t deep-fry, roll in bacon or drown with nacho cheese sauce, proving Americans eat like none other. Just don’t ask them to do math.

9. Sports
Most countries have a national sport. The U.S. has four. (OK, three; you can have hockey, Canada.)
While the world’s most popular sport, soccer, has yet to gain critical traction in the U.S., it also has the burden of competing with the seasonal panoply of baseball, football, basketball and hockey. That’s tough enough without NASCAR, golf and action sports like extreme death gliding and low-orbit cloudboarding or whatever else is nipping at soccer’s heels. Some of the best places to catch a game in the U.S. are Wrigley Field (Chicago) and Fenway Park (Boston) for baseball; Tiger Stadium (Baton Rouge, Louisiana) and Lambeau Field (Green Bay, Wisconsin) for football; and Cameron Indoor Stadium (Durham, North Carolina) and Rupp Arena (Lexington, Kentucky) for college basketball.

10. Moving pictures
From internationally beloved TV shows like Breaking Bad and The Daily Show to movies like Avatar and anything the Coen brothers do to viral videos like Harlem Shake and the Kardashian sex tape, America is the world’s dramatic chipmunk.

Source : edition.cnn.com/2013/09/25/travel/10-things-u-s-does-better/

Criminal Defense Attorney | “Court Of Appeal Judges Say 35-year Minimum Sentence For Adrian Bayley Was Fair”

Source    : theaustralian.com.au
By            : Paul Anderson – Herald Sun
Category : Matthews R Bark –Criminal Defense AttorneyAttorney Matthews R Bark

Adrian Bailey  SentancingADRIAN Bayley’s life sentence with a 35-year minimum term for the rape and murder of Jill Meagher was fair because features of the crime were “particularly callous” and “warranted condign punishment,” three Court of Appeal judges said today.

“The applicant was a violent sexual predator who killed his victim,” the justices said in their judgment. Chief Justice Marilyn Warren and Justices Marcia Neave and Paul Coghlan today released the reasons for their decision to refuse Bayley’s leave to appeal the length of his minimum term last month. “This was a case where the applicant was sentenced to one of the sternest sentences for this type of offending,” the justices stated.

“At the time of the attack the applicant was on parole. He was also on bail having been convicted of an unprovoked assault on a male passer-by and subsequently having appealed to the County Court on the sentence imposed in the Magistrates’ Court of three months’ jail.” After Bayley pleaded guilty to raping and murdering Ms Meagher, Justice Geoffrey Nettle threw the book at him and sentenced him to life with a 35-year minimum. Bayley appealed against the sentence, initially on the single ground that Justice Nettle made a mistake by inferring he intended to kill Ms Meagher because she would have called the police or for some form of perverted pleasure. “And relying on those inferences to find that in terms of moral culpability the applicant’s killing of the deceased ranks among the worst kinds conceivable,” the judgement stated. Bayley added another ground: that Justice Nettle erred in setting the 35-year minimum “by placing excessive weight on the need for community protection”.

In their judgment, the justices said: “The applicant submitted that the inference that he intended to kill Ms Meagher was not open; that the inference that he derived some form of perverted pleasure from killing her was not open; and the inference that he intended to kill Ms Meagher in order to avoid her calling the police was not open. “The Crown argued on the plea that the offending was a reckless killing. Eventually, the applicant conceded during the plea that whether the killing was intentional or reckless would not make a difference. “The applicant acknowledged that his prior criminal record revealed a ‘shocking history of gratuitous violence inflicted upon vulnerable women’.

“However, he submitted that his history could not give rise to an inference adverse to him; namely that he killed Ms Meagher because he derived some form of perverted pleasure from killing her.

“The point was made that this particular motivation was not asserted by the Crown nor discussed on the plea.”

The justices mentioned facts including the viciousness of the “stranger rape”, the fact Bayley was a large man and Ms Meagher a smaller woman, the fact he killed her to stop her reporting the rape to police and his “appalling history of violent offending “against individuals smaller and weaker than him – most of who were women”.

SOurce :: theaustralian.com.au/news/court-of-appeal-judges-say-35year-minimum-sentence-for-adrian-bayley-was-fair/story-e6frg6n6-1226743661752#sthash.U3inRVG8.dpuf