Judge refuses to set aside $675K fine in music piracy case 24th August 2012 By Jaikumar Vijayan In the latest twist in a saga that has dragged on for seven years, a federal judge on Thursday refused to set aside a $675,000 fine that a jury had imposed on a former Boston University student for illegally downloading 30 songs. In a 12-page ruling Thursday, Judge Rya Zobel of the U.S. District Court for the District of Massachusetts concluded that the jury came to the right decision and she denied Joel Tenenbaum’s motion to have the fine reduced both on common  [ Read More ]

I. Introduction Justified defense negates the wrongful character of conduct that falls within the definition of an offense. Conduct performed under conditions of a justified defense does not constitute an offense. For example, A intends to shoot and kill his foe B. Just before A fires, B shoots him and causes his death. Shooting A is the only way to save the life of B. When B identifies the threat to his life from A, and acts to save himself by foiling that threat, he does not bear criminal responsibility for killing A. B’s conduct constitutes justified self-defense. However, there  [ Read More ]

By Peter Arhangelsky On August 3, 2012 · Add Comment WASHINGTON, D.C.—On August 2, 2012, Rep. Ron Paul (R-TX14) introduced the “Compassionate Freedom of Choice Act,” H.R. 6342, a Bill designed to “allow the importation, distribution, and sale of investigational drugs and devices intended for use by terminally ill patients who execute an informed consent document.”  Rep. Paul Broun (R-GA10) and Rep. Richard Hanna (R-NY24) joined as cosponsors.  The legislation follows a concerted effort by industry members, interest groups, victims, and patients to raise awareness of FDA’s overbroad authority over “compassionate use” of drugs for terminally ill patients.  On Wednesday,  [ Read More ]

By Sylvia Bokor – The Right to Work clause came into existence in 1935, embedded in the Taft-Hartely Law.  It means that (a) employees may not be forced to join a union, that (b) employers need not hire only those who agree to join a union, and (c) that employers need not fire employees for failing to join a union or pay union dues. For over half a century, the clause was ignored.  Union bosses and their political allies forced employers to fire those who did not join a union or pay dues to a union, and they forced employees  [ Read More ]

Effective July 1, 2012, Vermont will be the eighth state to regulate the use of credit-related information for employment purposes. Although similar in many ways to laws already enacted in California, Connecticut, Hawaii, Illinois, Maryland, Oregon and Washington, Vermont’s requirements under Act No. 154 exceed those of other state laws as they prohibit even exempt employers from using an applicant or employee’s credit history as the “sole factor” in employment decisions. Additionally, Vermont exempt employers who take adverse action based in part on a credit history must return the report to the individual or destroy it altogether. Neither the Fair  [ Read More ]

The Association of Certified Fraud Examiners (ACFE) recently released its Report to the Nations on Occupational Fraud and Abuse – 2012 Global Fraud Study. The ACFE states that the Report is based on data from 94 countries compiled from studies of 1,388 occupational fraud cases that occurred between January 2010 and December 2011, and were investigated by certified fraud examiners. The ACFE conducts global occupational fraud studies every two years. According to the Report, a typical organization loses 5% of its revenues to fraud each year, which translates to more than $3.5 trillion if applied to the estimated 2011 Gross  [ Read More ]

August 18, 2012 Right to Work and Individual Rights By Sylvia Bokor The Right to Work clause came into existence in 1935, embedded in the Taft-Hartely Law.  It means that (a) employees may not be forced to join a union, that (b) employers need not hire only those who agree to join a union, and (c) that employers need not fire employees for failing to join a union or pay union dues. For over half a century, the clause was ignored.  Union bosses and their political allies forced employers to fire those who did not join a union or pay  [ Read More ]

  By ABBY ELLIN | ABC News Aug. 13, 2012 When Madeleine Otto was offered the chance to open a credit card at Stein Mart, a department store in Tequesta, Fla., and save $10 on her purchases, she jumped at the chance. She handed the cashier her driver’s license, and waited for approval. Except it didn’t happen. Otto’s credit application was denied. “The cashier said, ‘I’m sorry, we can’t give you a credit card because you’re too old,’” said Otto, who turns 100 on October 18. Otto was dumbfounded. She had never heard of anyone being refused credit because of  [ Read More ]

By ANNIE RAMOS Aug. 20, 2012 The father of a recent high-school graduate who has been denied a diploma because she said “hell” in her valedictorian speech accused her Oklahoma principal of bullying his daughter. “She became a senior and he constantly picked on her,” Kaitlin Nootbaar’s father, David, said of Prague High School principal David Smith. “I thought bullying wasn’t supposed to be allowed in school.” Neither Smith nor superintendent Rick Martin responded to messages asking them to comment, although Martin told KFOR-TV in a statement that, “This matter is confidential and we cannot publicly say anything about it.”  [ Read More ]

Diversity I Sexual Harassment The New Jersey Law Against Discrimination (LAD) prohibits employers from discriminating in any job-related action, including recruitment, interviewing, hiring, promotions, discharge, compensation and the terms, conditions and privileges of employment on the basis of any of the law’s specified protected categories. These protected categories are: race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy and sexual harassment), marital status, domestic partnership or civil union status, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information liability for military service, or mental or physical disability, including AIDS and HIV  [ Read More ]

Unemployment Appeals Recent changes to the New Jersey Unemployment Compensation Act have made it harder for New Jersey employees to collect their earned unemployment insurance benefits. This new law expands the range of events which can lead to an employee being disqualified from receiving benefits. The law also lengthens the amount of time for which a worker can be penalized or disqualified. Many people are being denied their unemployment benefits, which in many cases, these benefits are being denied unfairly. If you have been denied unemployment insurance and need advice regarding an appeal, please do not hesitate to Contact Us.  [ Read More ]

Our Law Firm Our firm’s New Jersey Employment Lawyers are passionate when it comes to practicing law. Regardless of size, resources, or wealth, the attorneys at The Law Office of Stephan T. Mashel are not intimidated by their opponents. We provide diligent, aggressive representation if your rights have been violated by a past or current employer. At the Law Office of Stephan Mashel our NJ Employment Lawyers are passionate about protecting workers rights throughout New Jersey. We represent the legal interests of our clients with the highest degree of skill, enthusiasm and dedication. The Law office of Stephan Mashel offers  [ Read More ]

By msnbc.com staff and news services The Justice Department says Wells Fargo & Co. will pay at least $175 million to settle accusations that it allegedly discriminated against qualified African-American and Hispanic borrowers in its mortgage lending from 2004 through 2009. The settlement, which needs approval from a judge, would end the investigation into whether the fourth largest U.S. bank between 2004 and 2009 knowingly targeted minorities for risky mortgages that came with higher costs, according to documents filed in the U.S. District Court for the District of Columbia. “The Department of Justice today filed the second largest fair lending  [ Read More ]

In largest DOJ USERRA settlement to date, Nevada to pay $473,000 to resolve allegations it violated US Army Reservist’s reemployment rights The state of Nevada and its Office of the State Controller will pay $473,000 to resolve DOJ allegations that they willfully violated the employment rights of Army reservist Col. Arthur Ingram when he returned from military service, the DOJ has announced. The settlement in this case represents the largest recovery the Civil Rights Division has obtained on behalf of a returning service member since 2004, when it assumed jurisdiction for the enforcement of the Uniformed Services Employment and Reemployment  [ Read More ]

… Job interview coming up? Then PREPARE YOURSELF! … Job Interviews are tricky. They’re going to be asking you for specific examples. They’re going to be asking you for details, including names of people, dates, and outcomes … They’ll ask you about lengthy projects you’ve been involved in — how your role evolved, how you handled deadlines, how you handled pressures and difficult personalities. They are going to be testing you. — Are you ready for their tough questions? What you are about to discover here are over 177 MODERN, TRUST-BUILDING, FAITH-GENERATING, TOTALLY PERSUASIVE Job Interview Answers designed for today’s  [ Read More ]