Gammage & Burnham P.L.C

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QUESTION:     WHAT NOT TO DO WHEN APPEARING IN VIRTUAL COURT AS THE DEFENDANT? ANSWER:        DON’T MAKE YOUR TRAFFIC COURT APPEARANCE FOR A SUSPENDED LICENSE FROM THE DRIVER’S SEAT OF A CAR! Watch that Zoom background! By now we all have a list of stories of things that should have been done differently in virtual meetings.  Simple things like closing the closet door or moving the hamper of dirty clothes before starting the Zoom…
QUESTION:   WILL THE DEADLINES SET BY THE SMALL BUSINESS REORGANIZATION ACT OF 2019 ACTUALLY SPEED UP SMALL BUSINESS BANKRUPTCIES? ANSWER:    SMALL BUSINESS REORGANIZATIONS WILL ONLY BE FASTER IF THE DEADLINES ARE ENFORCED. Other than sunrise and sunset, few deadlines are self-enforcing!The mandatory expedited deadlines in the Small Business Reorganization Act won’t speed up cases unless judges enforce them.  If the Standing Trustees and the creditors actively urge courts to enforce the rules, there is a…
QUESTION: SHOULD I WORRY ABOUT THE SMALL BUSINESS REORGANIZATION ACT OF 2019? ANSWER: CREDITORS SHOULD BEWARE OF SIGNIFICANT NEW PROTECTIONS BEING GIVEN DEBTORS UNDER THE SMALL BUSINESS REORGANIZATION ACT! The History of Small Business Bankruptcies.In October 2005, I wrote:The costs of a Chapter 11 bankruptcy reorganization are often more than a small business debtor can handle.  Statistics show that many small business Chapter 11 reorganization proceedings eventually become Chapter 7 liquidation proceedings.  Congress wanted to…
QUESTION:     HOW CAN REMOTE ONLINE NOTARIZATION WORK? ANSWER:        MANY STEPS ARE REQUIRED TO ASSURE THE ACCURACY AND INTEGRITY OF THE NOTARIZATION AND SIGNING PROCESSES. How could remote online notarization go awry? During my career I have been able to prove at least two fraudulent notarizations when the rules required pen and paper signatures in the physical presence of notaries.  I probably also dealt with a few fraudulent notarizations that I suspected, but could…
QUESTION:  NOW THAT BEACHES, LAKES, AND OTHER PLACES FOR WATER RECREATION ARE REOPENING, DO WE NEED SUPREME COURT GUIDANCE TO SPOT A BOAT? ANSWER:  THE U.S. SUPREME COURT SAYS THAT “NOT EVERY FLOATING STRUCTURE IS A VESSEL.” The United States Supreme Court plunges into important matters, such as healthcare reform, immigration, and voting rights.  The highest court in the land also dove into a case involving a maritime lien of $3,039.88 for dockage fees! Fane…
QUESTION:     ARE ELECTRONIC NOTARIZATIONS LEGAL? ANSWER:        ELECTRONIC NOTARIZATIONS ARE LEGAL IN MOST STATES. Electronic notarizations have been legal in Arizona for years, but they still required the signer to physically appear before the notary for the electronic signature and the electronic notarization of documents. Remote electronic notarizations originally were scheduled to become effective from and after June 30, 2020.  However, on April 8, 2020, in partnership with Secretary of State Katie Hobbs, Governor…
  ANSWER:        A DEMOTION AND REDUCTION IN PAY CAN BE A “REASONABLE ACCOMMODATION” UNDER THE AMERICANS WITH DISABILITIES ACT! A deputy needs her shooting hand! Brigid Ford was a deputy in the Marion County Sheriff’s Office.  She started as a deputy sometime around the year 2000.  In 2008 she began working as a sworn deputy sheriff locating and arresting people with outstanding warrants.  Brigid A. Ford v. Marion County Sheriff’s Office, No. 18-3217 (7th…
  ANSWER:              FACEBOOK USES FACIAL-RECOGNITION TECHNOLOGY TO MATCH FACES, BUT IT MAY NOT BE LEGAL UNDER ILLINOIS STATUTE. Expensive privacy violation on social media? Some citizens of Illinois brought a class-action lawsuit against Facebook claiming somewhere around $35 billion for privacy violations!  Patel v. Facebook, Inc., 932 F.3d 1264 (9th Cir., 2019).  (The plaintiffs apparently don’t understand that “private” and “social” are antonyms.) The Ninth Circuit said that Facebook runs one of the biggest…
Q:  HOW FAR DOES THE U.S. FOREIGN CORRUPT PRACTICES ACT REACH? A: THE U.S. DEPARTMENT OF JUSTICE ENFORCES THE FOREIGN CORRUPT PRACTICES ACT IN “EVERY CORNER OF THE GLOBE!” But I work for a foreign company, I am not a U.S. citizen and I never set foot in the United States?! In November, 2019, Lawrence Hoskins was convicted of six counts of violating the Foreign Corrupt Practices Act, three counts of money laundering and two counts…
QUESTION:    CAN I MAKE OUR EMPLOYMENT AGREEMENTS ELECTRONIC? ANSWER:       YES, BUT YOU NEED TO PROVE THAT THE EMPLOYEE ACTUALLY              AGREED TO THE ELECTRONIC TRANSACTION. Can I sandwich an arbitration agreement in an electronic employment contract? Jaime Odom worked for Which Wich Superior Sandwiches as a marketing manager. She had a beef with the sandwich shops. She sued claiming that she was sexually harassed at the job, retaliated…