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 – “Google Buys Artificial Intelligence Start-Up DeepMind”

Source : USA Today
By : Alistair Barr
Category : Matthews Bark – Criminal-Defense-Attorney

Matthews R Bark- Criminal-Defense-Attorney
Matthews R Bark- Criminal-Defense-Attorney

Google reportedly paid more than $400 million for DeepMind, which would make it the company’s largest European acquisition so far. Google has acquired London-based start-up DeepMind to expand further into the field of artificial intelligence. DeepMind describes itself as a “cutting-edge artificial intelligence company.” It combines techniques from machine learning and systems neuroscience to build powerful general-purpose learning algorithms. The company was founded by Demis Hassabis, Shane Legg and Mustafa Suleyman. Its first commercial applications are in simulations, e-commerce and games. DeepMind investors include Founders Fund, the venture capital firm run by former PayPal executive Peter Thiel, and Horizons Ventures, headed by Li Ka-shing, one of the richest people in the world.

Google reportedly paid more than $400 million for DeepMind, which would make it the company’s largest European acquisition so far. The company also reportedly beat Facebook to the deal. Artificial intelligence, or AI, is a branch of computer science that aims to make computers behave more like humans, with capabilities such as reasoning, learning and planning. Google already uses this type of technology for many projects, such as its expanding language-translation services. Google spokesman Tim Drinan confirmed the acquisition, but declined to comment further Monday. An e-mail sent to DeepMind seeking comment was not returned.

Google co-founders Larry Page and Sergey Brin have been focused on AI for at least a decade. Back in 2004, as the company was going public, the executives were already thinking about how Google search could be improved through this technology. At that time, Page said Google search would be “included in people’s brains,” according to Steven Levy’s 2011 book about the company, In the Plex. “When you think about something and don’t really know much about it, you will automatically get information,” Page explained. Brin saw Google as a way to “augment your brain … you can have computers that pay attention to what’s going on around them and suggest useful information.”

“Eventually, you’ll have the implant, where if you think about a fact, it will just tell you that answer,” Page added in the book. DeepMind published a study in December that claimed to show the firm’s AI technology learning to play some Atari computer games better than expert human gamers. DeepMind’s technology performed better than humans on Breakout, Enduro and Pong, and it achieved “close to human performance” on Beamrider, according to the research paper. The technology was far behind human performance when playing Q*bert, Seaquest and Space Invaders, “because they require the network to find a strategy that extends over long time scales,” the paper said.

Source : usatoday.com/story/tech/2014/01/27/google-deepmind-artificial-intelligence/4943049/

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

Matthews R Bark -Criminal Defense Attorney | “The Unsettled HealthCare Law”

Source     : latimes.com
By             : Doyle McManus
Category : Matthews R Bark –Criminal Defense AttorneyOrlando Drug Defense Attorney

Matthews R Bark- Criminal-Defense-Attorney
Matthews R Bark- Criminal-Defense-Attorney

Ever since Obamacare’s stormy passage in early 2011, Democrats have been waiting anxiously for the program to go into effect and hoping that a dose of reality would calm the partisan battles over the health insurance plan. Once everything was up and running, they hoped, skeptical Americans would see that Obamacare was a good idea all along — and reward the party that brought it to them. That’s looking unlikely, at least in the short run. Last week’s glitch-filled rollout of Obamacare’s health exchange websites, combined with Republicans’ furious refusal to accept the program as what President Obama calls “settled law,” confirmed something political strategists in both parties had already predicted: The war over Obamacare is far from over.

“It’s unlikely that the Affordable Care Act will be widely popular until people have real experience with it — until it becomes the new normal,” a leading Democratic strategist told me. “We’re talking about years, not weeks or months.” Nobody expected the launch of a fleet of balky websites to make an immediate difference to perceptions of the health insurance plan, not even with endorsements from icons like Lady Gaga, who managed to get the main website address wrong in her promotional tweet. Still, the opening-day problems and the slow pace of applications for health insurance were not encouraging signs. More important, in the long run, was the Republican Party’s reaffirmation — spurred by Sen. Ted Cruz (R-Texas) and other tea party legislators — that repealing, defunding or dismantling the program remains one of its top goals.

The tea party caucus has succeeded in making resistance to Obamacare a litmus test for Republicans, and as a result, it’s likely that next year’s congressional election will be fought in large part over the health insurance program. The fate of Obamacare may hang in the balance. “The 2014 election will be the Gettysburg of this struggle — the deciding battle, one way or the other,” predicted Robert J. Blendon of Harvard’s School of Public Health. In the current Congress, the Senate’s Democratic majority has stopped the Republican-led House of Representatives from defunding or delaying Obamacare’s implementation. But if Republicans take control of the Senate next year — a prospect currently rated as a tossup — only Obama’s veto will stand in their way.

And even by election day in 2016, Obamacare may still be a work in progress. “If you give it three, four, five years, every experience we have is that public support will be there,” Blendon said. “But you have to give it that much time.” Meanwhile, Republicans will have every incentive to attack the program’s shortcomings. “The real problem here is not managerial; many programs take years to roll out,” he said. “The real issue is political. Programs don’t do well if one party doesn’t support it and public opinion isn’t for it.” As for Obamacare, public opinion has settled into skepticism. A Fox News poll released last week, after the websites’ rollout, found that 54% of voters favor repealing all or part of the law, while 41% want to preserve or expand it — not much different from earlier findings.

The poll found that only 30% of voters want to repeal the entire law — but among Republicans, that number swells to 53%, and among tea party supporters, 71%. That helps explain GOP legislators’ opposition. What could change public attitudes? “There could be movement either way, depending on whether people think the program turns out better or worse than they expected,” Blendon said. If more employers drop retirees and spouses from insurance coverage because Obamacare is available, for example, “you could see a huge backlash,” he said. Republicans may have a built-in advantage in that debate: They can blame any bad news about healthcare on Obamacare, whether the program is at fault or not. “If rates are going up, Republicans will say that’s because of Obamacare, even though it’s not true,” said Mark Mellman, a Democratic pollster. “If companies are cutting back, Republicans will say that’s because of Obamacare.”

But it will also matter what remedy Republicans propose. In last week’s Fox News poll, most voters said they opposed defunding Obamacare — although two-thirds of GOP voters said they supported the idea. A one-year delay in implementing Obamacare, on the other hand, is a broadly popular idea, supported by 57% of all voters, including 80% of Republicans. So don’t expect the war over Obamacare to be over any time soon. Instead, expect Republicans of every stripe to continue their guerrilla campaign against the program through the 2014 congressional election, and perhaps the 2016 presidential election as well.

Expect more furious, partisan debate over every step of implementation, with dueling experts from each side. Expect smart Republicans to focus on demands to delay or cancel the penalties on individuals for failing to sign up, the law’s least popular provision. That might sound like a minor change, but it could undermine the program fatally. The president will continue to insist that Obamacare is “settled law.” But a law is only fully settled once both parties accept its permanence, and Obamacare is a long way from there.

Source :  latimes.com/opinion/commentary/la-oe-mcmanus-column-affordable-care-act-20131006,0,5425437.column

Criminal Defense Attorney Matthews R Bark | “Criminal Justice: It’s About Time Robert De Niro Turned To Television”

Source       :  Contactmusic
By               : Michael West 
Category  : Criminal Defense Attorney Matthews R BarkOrlando Drug Defense Attorney

Robert-De-Niro-Criminal-Justice-Hero
Robert-De-Niro-Criminal-Justice-Hero

Robert De Niro has been hired to replace James Gandolfini in a new HBO mini-series Criminal Justice, following the death of The Sopranos star in June. De Niro will play a New York lawyer in the show, which Gandolfini had been developing based on the 2008 BBC series by Peter Moffat. Following the actor’s sudden death in Rome, it initially appeared as though HBO had put the project on the backburner, though, according to Deadline.com, the team were keen to continue in Gandolfini’s honor.

Deadline Hollywood’s TV Editor Nellie Andreeva said the network wanted “a great actor whom Gandolfini would have wanted for the role and who would honour Gandolfini’s memory with his performance,” adding, “I hear their list consisted of one name only, Robert De Niro, who responded and came on board.” Still one of the finest actors in the world with the right material, De Niro has been wasted on poor scripts and throwaway comedies in recent years, though with television now the primary location for high quality scripted drama, the 65-year-old could thrive at HBO.

In the seven hour mini-series, his character Jack Stone takes on a case of a Pakistani (played by British star Riz Ahmed) who is accused of murdering a girl on New York’s Upper West Side. The original series saw each episode tracking a separate case, though the U.S. team appear to be wisely drawing out the story to develop character and plot. It should be brilliant. We can already imagine the opening shot of De Niro, clad in a heavy winter coat, trotting up the stairs of some grand courthouse in Manhattan as the snow falls on the sidewalk. He gets inside, dusts of the flakes…and, ok, you get the picture. Steven Zaillian, who has been working on the project for some time, will direct the first hour.

2014 is shaping up to be a powerful year for HBO, with True Detectives also set to premiere in January. The series stars Matthew McConaughey and Woody Harrelson as two detectives who for a serial killer in Louisiana across seventeen years. Another show, The Leftovers, from Damon Lindelof and starring Justin Theroux, takes place in the wake of a global Rapture and centers on the people who didn’t make the cut and are left behind in a suburban community. Niro is the perfect replacement for James Gandolfini on HBO’s ‘Criminal Justice.’