Imagine: you are an emergency room doctor and an unconscious 70-year-old man arrives. He has an elevated blood alcohol level, a history of chronic obstructive pulmonary disease (COPD), diabetes, and atrial fibrillation. He has no identification. No friends. No family. He does, however, have a tattoo that reads: “DO NOT RESUSCITATE” along with his signature. Do Not Resuscitate orders (DNRs) are standard in the medical field and often arise in cases of terminal illness or incurable diseases. Many people sign DNRs because they do not want their doctors and family members to keep them alive if they are in a persistent vegetative state with little to no hope of…
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The Battle for Charles Manson’s Estate
When Charles Manson passed away at age 83 of natural causes* at the Corcoran State Prison in Corcoran California, he left in his wake a potential legal battle over his estate. Three men currently claim to be the rightful beneficiaries to Manson’s estate: a long-time pen pal, a son, and a grandson of Manson. Notorious cult leader, Charles Manson, and his followers, the Manson Family, were responsible for a brutal murder spree in August of 1969 targeting members of the Hollywood elite. On his orders, his followers went to Roman Polanski’s house and killed his pregnant wife, actress Sharon Tate, along with four others, including the heiress to the Folger’s…
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Is it Legal to Ban Kids from Restaurants?
There’s a restaurant in my neighborhood that has a “no children in the bar side of the restaurant” rule. It is a family-friendly Italian restaurant with arguably the best pizza in town. We had no idea of the policy, though we noticed that one side of the restaurant always had tons of children. After the birth of our first child we discovered why. When we requested our favorite booth, we were immediately shut down: “no children or babies on the bar side of the restaurant.” With our heads hanging, we made our way to the “kids’ side.” Were we mad? No. Did we understand? Absolutely. Did we still get to…
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The Purpose of Non-Disclosure Agreements and How They Could Fail Harvey Weinstein
What happens when you violate a non-disclosure agreement? Are there any circumstances in which is permissible to violate one without consequences? What are non-disclosure agreements even for? What does everyone have to hide? Non-disclosure agreements are a way for businesses or individuals to protect confidential information given to their employees or other parties. They can also be called “confidentiality agreements” or simply “NDAs.” At Lindley Law, all employees sign a confidentiality agreement with respect to client information. In addition to attorney-client confidentiality, it is important to the attorney-client relationship that we maintain confidentiality so as to not compromise or prejudice our clients in any way. Other companies, such…
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This Suit is Bananas – Halloween Edition
Halloween is just around the corner and if you or your kids are planning on going to a party or trick-or-treating around the neighborhood, you’ve probably already purchased costumes. Afterall, Halloween is a booming business for retailers and Americans will spend around $3.4 billion on costumes this year. If you purchased a banana suit from Kmart this year, you might be frightened to learn that a costume company, Rasta Imposta, sued Kmart over that very banana suit. Never fear, Kmart is the one that might be on the hook, not you. Rasta Imposta filed a complaint in federal court last month alleging copyright infringement, trade dress infringement, and unfair…
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Lindley Law is Hiring: Associate Attorney Position Available
Firm Overview: Lindley Law, PLLC is a boutique litigation firm located in Uptown Charlotte. Lindley Law handles civil litigation matters throughout North Carolina, representing corporations, closely held businesses, and individuals. We offer services in various civil litigation practice areas and concentrations, including complex business litigation, trust and estate litigation, employment law, construction litigation, landlord-tenant disputes, and incompetency proceedings. Please visit our website for more information about the firm and its practice areas: www.lindleylawoffice.com. Lindley Law seeks an associate with 4-7 years of litigation experience to join the firm, which currently has three practicing attorneys. The position is available beginning in Winter 2017/2018. The ideal candidate will be a…
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How Statutes of Limitations May Affect Harvey Weinstein’s Accusers’ Legal Options
Should the mounting allegations of sexual harassment and assault prove to be true – and it’s not looking so good for him – then Harvey Weinstein is a criminal. This isn’t just “bad behavior” or “acting inappropriately.” Sexual assault is a crime punishable by law. However, it is also a tort (a civil wrong) that could result in financial liability if proven in court. Criminal assault and civil assault have different statues of limitations. It is possible that he could be held criminally liable as well as civilly liable should his accusers bring a suit against him before the civil statute runs in each of their particular cases. In many…
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The Dos and Don’ts of Social Media and Your Job
Misusing social media can get you fired if you’re not careful. It can also cost you a prospective job, scholarship, or enrollment at a university. If you post something incendiary, self-incriminating, racist, or anything that otherwise casts the company you work for in a bad light, you might be fired for it. When combing through stacks of resumes that all begin to look the same, some employers or admissions officers may turn to the social media of candidates and applicants for more information and finding questionable or incendiary content may cost you as well. An increasing number of states are banning employers from requesting access to their employees’ and…
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Guardianship and the Richest Woman in the World
On September 20th, Liliane Bettencourt, the richest woman in the world died at age 94. Scandals of several types plagued the last years of her life and the lives of those around her going as far as alleged campaign contributions in great excess of the legal limit to former president of France, Nicolas Sarkozy. Aside from the political scandals, Bettencourt was involved in intense family drama to put it mildly. The heiress to the L’Oreal fortune amassed an incredible amount of wealth and at her death was worth approximately $44 billion. Her father, and known Nazi sympathizer, started the company that owns brands such as Garnier and Lancome and…
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5 Things You Need to Know About the Equifax Breach and What to Do About It
(1) What Happened Equifax discovered a breach of personal and financial information on July 29, 2017. They hired security company Mandiant on August 2. The public wasn’t notified until September 9 when Equifax claims it finally understood the scope of the breach. Around 143 million Americans and in some cases, UK and Canadian residents, were affected. The private data that was exposed is crucial to people’s financial identities. Social security numbers, birth dates, and addresses were stolen, leaving those Americans vulnerable to identity theft. In some instances, driver’s license numbers were also stolen. And finally, the credit card numbers of approximately 209,000 people were a part of the breach.…
