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Lawyers USA, February 26, 2009

News Story

Good Will in Practice Not Divisible at Divorce, Rules Kentucky Supreme Court

The good will a wife has in her oral surgery practice is "personal" rather than "enterprise" good will and therefore is not marital property subject to division, the Kentucky Supreme Court has ruled. A married couple filed for divorce. The wife was an oral and maxillofacial surgeon with her own practice.

How to Save Thousands On Technology for Your Firm

While the economy has struggled, the need for high-tech law firm upgrades has increased. As lawyers look to cut costs, some have shied away from spending money on such upgrades. But here are a number of methods that industrious lawyers can use to keep their firms cruising through the 21st century, while also keeping an eye on their own wallets. Lawyers USA recently sat in on the ABA Techshow Roadshow. Here are some of the tips we learned during the conference.

Report: Poor State Laws Fuel Foreclosure Crisis

The housing foreclosure crisis that has put millions of Americans out of their homes is being worsened by old, antiquated state laws that give homeowners far fewer legal protections than renters or credit card customers, according a new report. The study released Thursday by the National Consumer Law Center, "Foreclosing A Dream: State Laws Deprive Homeowners of Basic Protections," found that laws in a majority of states - many written decades or even centuries ago - have the effect of deny...

Annuity Isn't Exempt in Bankruptcy, Rules 9th Circuit

An annuity that a debtor purchased from his bankruptcy lawyer does not qualify as exempt property in his Chapter 7 case, the 9th Circuit has ruled in affirming judgment. Several months before filing for bankruptcy, the debtor paid his attorney $10,000 for the purchase of a single-premium annuity. In his bankruptcy case, the debtor claimed that the annuity qualified as exempt property because it constituted life insurance under California law.

Government Can Be Sued for Negligent Deportation, Rules 5th Circuit

A Texas woman could sue the federal government for negligently deporting her daughter when immigration agents sent the girl's father back to Mexico because he had entered the country illegally, the 5th Circuit has ruled in reversing a dismissal. The plaintiff is a U.S. citizen who lives in Texas. She gave birth to a child that she had with her live-in boyfriend, a Mexican National. When the couple split up, the boyfriend kept the daughter. Border Patrol agents later deported the plaintiff's ...

Eeoc Seeks Comment On Genetic Anti-Bias Regs

The U.S. Equal Employment Opportunity Commission opened a 60-day public comment period Wednesday on its proposed plan to implement the employment-related requirements of the Genetic Information Non- Discrimination Act of 2008. The law, enacted last year, prohibits employers from firing, refusing to hire or otherwise discriminating against employees based on genetic information, and imposes strict confidentiality requirements. It also directs the EEOC to issue regulations implementing the empl...

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