Dan has been practicing law in Ottawa since 1999, and is a partner in Green, Finch & Covington, Chtd. He has successfully prosecuted and defended appeals in the Kansas Court of Appeals, and recently won and collected more than one half million dollars for his client in an international contract federal jury trial. Dan is a zealous advocate, litigating not only federal cases but also state court matters in several counties in the region, including Franklin, Douglas, Johnson, and the surrounding area.

He grew up in Kansas, and earned his undergraduate degree immediately after high school. He then served four years in the U.S. Navy before returning to Kansas to pursue graduate studies at the University of Kansas School of Law. While in law school, he was staff on the Kansas Journal of Law and Public Policy which published his article on secured transactions. Kan. J.L. & Pub. Pol’y, Winter, 1999, at 342, and he worked for the Paul E. Wilson Defender Project.

Dan is active in business and commercial law, estate and business planning, real estate, litigating civil matters, and advocating for creditors in bankruptcy proceedings. He has experience representing business clients ranging from banks to farms and dairies, and from cities to telephone companies and commercial toy and novelty distributors. He has counseled the purchase or sale of a variety of business interests including banks, craft stores, pharmacies, equipment supply, veterinary services, and surveying, as well as commercial and residential real estate.

He serves as a member of the Board of Trustees for a private college and two other not-for-profit organizations. Dan is licensed to practice in all courts in Kansas, as well as the U.S. District Court (Kansas) and the Tenth Circuit Court of Appeals.

Litigation: represented banks in over sixty state and federal proceedings

Business Start-Up: organized over ninety new businesses

Creditors’ Rights Counsel: advocates creditor rights in bankruptcy court

Regional Representation: practices regularly in the courts of Douglas, Franklin, Johnson and Miami counties as well as federal courts in Kansas City and Topeka

Diverse Clients: Dan has been entrusted with advocacy for a great array of business interests; examples of entities he has represented — cities, banks, railroad, long-distance provider, toy & novelty distributor, dairy, microbrewery, coal company, florist, surveyors, gas stations, trucking company, heavy equipment manufacturers, roofers, veterinarians, real estate brokers, developers, car dealers, internet service provider

Community: has served a combined total of more than 16 years on non-profit organization boards

- Marv Serhan, Captain, USN, Ret., Commanding Officer, The United States Navy’s Fleet Aviation Specialized Operationsl Training Group Pacific Fleet

After all of this, and this, and temptation by this, I’m a recent convert.  Development toward the iPhone (ie, it’s so prolific that everyone’s trying to get a piece of the action) and its nearly seamless capability to mashup data, media, and GPS, helped it wedge its way into my life.

Now that “iT” is here (my IdPhone), some disparate comments:

Apps iDig:  Maps (the street view added with 2.2 update); EasyWriter (landscape keyboard which will ‘paste’ to mail); Evernote (sync your notes and then some); Wikipanion (quick wiki search tool); NetNewsWire (only for my top 10 feeds; syncs with Newsgator); Google mobile (voice search, Reader … great, as ever); Shozu (upload photos as you shoot); GrandDialer (for your GrandCentral number); Dialer (Melodis; voice contact search/dialer); Yelp (find nearby java, gas…);

Helpful places:  iPhone J.D.; iPhone blog; and MacRumors

Oh, and yes — I’ve come to terms with the fact that there is value in a fun interface.  Say what you will, the iPhone has it.

Enrich your site
Choose engaging social features from a catalog of gadgets by Google and the OpenSocial developer community.

Attract more visitors
Your users can easily invite friends from social networks and contact lists to visit and join your site.

No programming whatsoever
Just copy and paste a few snippets of code into your site, and Friend Connect does the rest.

Not to mix up topics too much in one post, but just so you can test out Google’s new tool, here is a primer topic upon which you may comment.  ”Can you believe the Kansas Business Attorney — champion of the 8525 and Windows Mobile — is now wielding an iPhone?”

Go ahead.   You (probably) can’t break anything.  (Tip: begin by clicking the double blue box)

Having tried them all, I might recommend the google Reader (if you are a gmail account holder) and newsgator, which will synchronize your feeds and reading across web, desktop and mobile phone.

Leave questions for me in the comments. Thanks.

The U.S. District Court for the District of Kansas is pleased to

Tags: district kansas wifi

Focused Highlights

9:00am – 4:00pm at the Record Bar

Some of the region’s finest entrepreneurs, technologists, social media experts, and new media success stories presenting.

Emcees: Alternageek’s Christa Casebeer and Microblink’s Rob Jensen.

New Heights for Flyover States

October 29, 2008 from 5:00pm – 8:00pm at the Kauffman Center of Kansas City

A reception showcasing the entrepreneurs, innovators, and early-adopters using web technology to grow their businesses, advance their careers, and enrich the regional economy in new ways:

коли под наем
1. Three of the area’s up and coming social media strategists will present an overview on how the web is changing their cities for the better and how new opportunities for innovation are expanding the importance of web-based technology in the Midwest.
2. A wrap-up panel: Where do we go from here? After a day filled with all the cool individual things that are occurring in Des Moines, Kansas City, Omaha, and the surrounding areas, we’ll discuss actionable items along the lines of “What now?“.

Emcee: Kauffman’s Vice President of Entrepreneurship, Bo Fishback.

Just so you know, those attending will enjoy a stellar panel of presenters.

{Note to organizers: Congratulations in advance for this event!  It’s already FTW!}

The Walnut Valley Association was formed in 1972,with its sole purpose to produce the Walnut Valley National Guitar Flat-Picking Championships Festival, also known as the Flat-Picking Championships, currently known as the “Walnut Valley Festival” or simply “Winfield” to the long time attendees.

Evolving from 2 days in 1972 to its current 4-days the 3rd weekend of September annually, it endeavors to produce “family fare” entertainment on 4 stages simultaneously, a large quality, juried arts and crafts fair, workshops, and acoustic instrument contests. What began with 10 acts and 2 contests now boasts over 40 acts and 8 contests, including one international contest, 5 national contests and 2 Walnut Valley contests.

The contests are a major part of the festival. Along with the National Flat Pick Championships and the National Finger Pick Championships, the Walnut Valley Festival hosts the International Autoharp, National Mountain Dulcimer, National Hammered Dulcimer, National Bluegrass Banjo, Walnut Valley Old Time Fiddle, and Walnut Valley Mandolin Championships. Over the course of years, the contests at Winfield have attracted more than 3,000 contestants from all 50 states as well as many foreign countries including Australia, Canada, Denmark, Sweden, England, Germany, Italy, Japan, New Caledonia, Switzerland, and Wales. Well-known Winfield winners include Mark O’Connor of Nashville, Tennessee, who has won or placed in more Walnut Valley Festival contests than any other contestant. Mark won the National Guitar Flat-Picking Championship in 1975 and 1977, and also won the Walnut Valley Fiddle Championship in 1974 and 1977. Alison Krauss of Nashville, won the Walnut Valley Fiddle Championship in 1984 and Steve Kaufman of Alcoa, Tennessee, is the only three-time winner of the National Guitar Flat-Picking Contest, having won in the years 1978, 1984, and 1986 respectively. (Tennessee has consistently produced the most winners over the years.) Other Winfield winners include Mandolin virtuoso Chris Thile, the Mandolin Champion in 1993 and Dixie Chick fiddler Martie Erwin Seidel in 1987 and 89.

Festival attendance has been between 11,000 and 15,000 annually …

While other events are keeping me local, I cannot attend.  However comma.  I have just found a live stream on Front Porch Radio.  If you’re timely, you are sure to enjoy.

… But for reasons thought beneficial by a group of lenders who trade mortgages, the form of mortgage used in this case designates an entity that is not the lender as the mortgagee. See MERSCORP, Inc. v. Romaine, 8 N.Y.3d 90, 96, 828 N.Y.S.2d 266, 861 N.E.2d 81 (2006) (MERS was established by large lenders to allow easy electronic trading and tracking of mortgages). Specifically, the mortgage says that the mortgagee is MERS, though “solely as nominee for Lender.” Does this mean that MERS really was the mortgagee, even though it didn’t lend money or have any rights to loan repayments? Assuming so, MERS argues that it was a necessary party to the foreclosure and that the foreclosure must be set aside. But the premise upon which MERS bases this argument is flawed.

What is MERS’s interest? MERS claims that it holds the title to the second mortgage, not the real estate. So it does, but only as a nominee. In terms of the roles that we’ve discussed in the mortgage business, MERS holds the mortgage but without rights to the debt. The district court found that MERS was merely an agent for the principal player, Millennia. While MERS objects to its characterization as an agent, it’s a fair one.

MERS had no right to the underlying debt repayment secured by the mortgage; MERS did not even act as the servicing agent to receive the payments and remit them to the lender. MERS’s right to act to enforce the mortgage was strictly limited: if “necessary to comply with law or custom,” MERS could foreclose the mortgage or enter a release of the mortgage. MERS certainly could not act at odds to its principal, the lender. Its role fits the classic definition of an agent: one “‘authorized by another to act for him, or intrusted with another’s business.’” In re Tax Appeal of Scholastic Book Clubs, Inc., 260 Kan. 528, 534, 920 P.2d 947 (1996) (quoting Black’s Law Dictionary 85 [4th ed. 1968]).

Only one Kansas case has discussed the meaning of nominee in any detail. In Thompson v. Meyers, 211 Kan. 26, 30, 505 P.2d 680 (1973), the court noted that the meaning of the term may vary from a pure straw man or limited agent to one who has broader authority.

But whatever authority the nominee may have comes from the delegation of that authority by the principal. In its ordinary meaning, a nominee represents the principal in only a “nominal capacity” and does not receive any property or ownership rights of the person represented. See, e.g., Cisco v. Van Lew, 60 Cal. App. 2d 575, 583-84, 141 P.2d 433 (1943); see also Applebaum v. Avaya, Inc., 812 A.2d 880, 889 (Del. 2002) (referring to nominees “as agents of the beneficial owners”). The Millennia mortgage does not purport to give MERS any greater rights than normally given a nominee. The mortgage says that MERS acts “solely as nominee for Lender.” There is no express grant of any right to MERS to transfer or sell the mortgage or even to assign its duties as nominee. Nor does MERS obtain any right to the borrower’s payments or even a role in receiving payments.

Courts across the country have said a lot about mortgagees and MERS acting as ‘nominee’. My father is not quite so wordy. He would call it “getting too smart for their own good.” Well said.

The sidebar ultra-handy view is great for a number of web applications:

Google mobile view:  no doubt, you’ve seen this on your phone; with search, maps, iGoogle, youtube, calendar … what’s not to love;

Gmail mobile: in case you don’t have it in 9 other places already;

Google mobile Reader:  personal preference will tell you quickly rather you prefer your reader here or its regular spot;

Google mobile Notebook:  if you’re a researcher or web-clipper of any magnitude, the notebook belongs in your sidebar;

gTalk:  a chat client you already love

Meebo: simplify your chat; for those times your trying to juggle your mother on MSN, friends on google and your nephew on AOL;

Hahlo:  it’s a Twitter client, designed for the iPhone, but give it a go (yes, on your PC even);

MojiPage:  designed for the mobile web; register, then see your Twitter, Friendfeed, Digg, Google search, weather, del.ic.ious, RSS reader;

Yahoo mobile: okay, so the list is a little Google heavy; Yahoo mobile offers mail, messenger, news, address book, calendar, flickr & more

So, give ‘em a try — your favorite web apps … on the side.

What do you want in your sidebar?

hahlosidebar2

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Click anywhere to cancel

I can appreciate his hesitation as he launched into registration.  I’m thinking he’s thinking, “what kind of language will be in the terms of service to give me comfort that I can entrust these people with my day-to-day practice, my livelihood, and ultimately, even my good standing with the state bar.”  But, I nearly digress.

So, there’s Rick, excited about trying out this new software as a service (Clio, by Themis Software), and he takes a few moments to scan the terms for how well he might be protected in the event something goes wrong. Then he comes across just what he’s not looking for (what’s a good antonym for glee).  In his words, here are

[j]ust a few of the gems on the hit parade: “1. You expressly understand and agree that Themis Software shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Themis Software has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API. 2. Abuse or excessively frequent requests to Clio via the API may result in the temporary or permanent suspension of your account’s access to the API. Themis Software, in its sole discretion, will determine abuse or excessive usage of the API. Themis Software will make a reasonable attempt via email to warn the account owner prior to suspension. 3. Themis Software reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.”

What does the FutureLawyer do; how should he react?  The suspense is killing you.  You’ll have to read the punch line at FutureLawyer.  (You didn’t think I would mooch his ENTIRE post, I hope; but here’s a hint: it ends with sarcasm.)

And for those following a now-stale thread on these premises: know that neither Erik Larson nor anyone at Adobe has lived up to their “we’ll get back to you” promise regarding the new Acrobat.com terms of service.  You’re stunned.  I know.  Apparently, we gave way to more recent posts showing up on the Google Finance page for ADBE.  (Yes, I would feel bad if I suspected they just paid us a little lipservice while shareholders were watching.)

RE: Case No. 99,957: State ex rel. Stephen Six v. Kansas Lottery and Ed Van Petten

The state Supreme Court today upheld the constitutionality of the 2007 Kansas Expanded Lottery Act (KELA).

The Court, in a 22-page unanimous opinion authored by Justice Eric S. Rosen, said that “while the state is not the exclusive owner and operator of all aspects of the lottery enterprise under KELA, the state owns and operates the enterprise itself and owns and operates key elements of the lottery,” thus complying with 1986 constitutional amendments.

A summary of the opinion is here, or read the full text.

To be sure, if you’re a “speller of big words” (as my friend calls a good, critical thinker) you know the infamous “kill all the lawyers” line from Henry VI suggests that such a move will rid them of those who have an ability to find redress for grievances.  Some even refer to attorneys as  “guardians of independent thinking”.

Consider, however, the reporter.  (Does a tree really fall in the woods if it isn’t reported?)  One need not look far to recall a reporter who finds the right opening, really probes, digs into unfamiliar and uncomfortable territory, publishes her finding, and kaboom!  It’s viral.  If you read, you know how an important, well-reported story can sweep the earth, alter inertia, and move people so much more effectively than the best-crafted injunction, brought by capable counsel.

Even now, they’re gathered in Hungary at Global Voices Summit 08.  You know how to google; try “gvsummit08″.  They’re discussing fighting censorship around the globe.  They’re blogging.  They’re tweeting.  IM’s, emails, qik video…they know their effort — the mere fact that they are convening — is important.  They’re so right.

Sure, I want able counsel in my corner (or gone if I’m a conspiring malefactor).  But if I’m gonna scheme the citizenry, sneak one past “the people”, the first thing we do, let’s kill all the reporters.  Indeed.

Don’t stop here.  Google blogs for gvsummit08.  You have no excuse: click here.  Or here (for tweets).

Lots of things are impossible … right before you do them.

- Be More Productive

- Go Paperless

- Online Marketing

- Presentations

- Save Money

So, go there.  Prosper.  (You’ll be glad you did.)